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Agenda 08/01/2000 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA Tuesday, August 1, 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 GRANTED 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. I. INVOCATION - Reverend Donna Bartleson, Golden Gate United Methodist Church 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF AGENDAS A. APPROVAL OF CONSENT AGENDA. B. APPROVAL OF SUMMARY AGENDA. C. APPROVAL OF REGULAR AGENDA. 4. AI~PI'[OVAL OF MINUTES A. June 13, 2000- Regular Meeting B. June 14, 2000- LDC Meeting C. June 14, 2000- Budget Workshop D. June 16, 2000- Budget Workshop E. June 27, 2000- Regular Meeting PROCLAMATIONS AND SERVICE AWARDS A. PROCLAMATIONS 1) Proclamation proclaiming August 1-7, 2000 as National Clown Week. Dixiebelle, Melody Merrymaker and Espranza the clowns. To be accepted by B. SERVICE AWARDS 1. Linda Gedye, Building Review and Permitting Dept. - 5 yrs 2. Lionel Grode, Building Review and Permitting Dept. - 5 yrs 3. Marcia Kendall, Planning Services- 5yrs 4. Gavin Jones, Transportation Planning- 5 yrs 5. John Dimartino, Planning Services - 10 yrs 6. Lloyd Gift, Transportation Road and Bridge - 15 yrs 7. Jose Mc Gee, Transportation Road and Bridge - 15 yrs 8. David Weeks, Planning Services- 15 yrs 9. William Spencer, Planning Services - 25 yrs. C. PRESENTATIONS 1) Recommendation to recognize Frank Pugh, Senior Utility Technician, Water Distribution Department, as Employee of the Month for June 2000. 2) Recommendation to recognize Judith Scribner, Case Manager, Social Services/Services for Seniors, as Employee of the Month for July 2000. Presentation by the United States Census Bureau to Collier County for its Outstanding Efforts to Encourage a Fair and Complete Count of all its Citizens During the 2000 Census. (Presentation will be made by Mickey Rosado of the Fort Myers Office). Presentation to the United Way of Collier County and the Community Foundation of Collier County for exemplary community service in support of the State of Florida Healthy Kids Program. APPROVAL OF CLERK'S REPORT A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES. PUBLIC PETITIONS A. Edward J. Fullmer, Vice President of the Goodland Civic Association regarding a Goodland building moratorium. B. Request by Everglades City Mayor Hamilton for funding to designate City Hall as an historical preservation site. 8. COUNTY MANAGER'SREPORT A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Recommendation to approve the budget and work plan for implementing the lmmokalee Housing Initiative Program. 2) CONTINUED FROM THE 6/27/00 MEETING: Presentation on status of fire plan review function. 3) This item has been deleted. 4) THIS ITEM TO BE HEARD WITH ITEM 12(C)(1). Amendment to the Impact Fee Update Agreement with Tindale-Oliver and Associates, Inc (No. 98-2843). B. TRANSPORTATION SERVICES 1) Recommendation that the Board of County Commissioners direct staff to solicit proposals for Contract Manager Services for the Pelican Bay Services Division. 2) Adopt a Resolution authorizing the acquisition by condemnation of non-exclusive, perpetual sidewalk, landscape and maintenance interests by easement for the construction of improvements for the Vanderbilt Beach Road sidewalk relocation and landscaping project between Hammock Oak Drive and U.S. 41 (Tamiami Trail North), Project 67021. CIE No. 23. 3) Staff Report on the Traffic Analysis for the proposed alignment for a roadway from Radio Road to Davis Boulevard as a proposed extension of Livingston Road, Project No. 60135. 4) Authorize the purchase of transit vehicles to be used for the Collier County Deviated Fixed Route service. Co PUBLIC UTILITIES 1) Approve three (3) Advance Construction Agreements required to expedite the construction of a thirty (30") inch parallel sewer force main along Immokalee Road, Project 73943. 2) Summary of the County's Solid Waste Disposal Considerations. 3) Amend the Collier County Wastewater Master Plan and Approve the LB/P Groveway Utility Facilities Reimbursement Agreement. D. PUBLIC SERVICES E. SUPPORT SERVICES F. EMERGENCY SERVICES G. COUNTY MANAGER l) To adopt proposed FY 2001 Millage Rates. 2) Recommendation to approve Norman Feder to the Administrator. position of Transportation Services H. AIRPORT AUTHORITY 9. COUNTY ATTORNEY'S REPORT Ae Request for direction from the Board of County Commissioners concerning a complaint filed with the Clerk to the Board alleging that the Ordinance No. 2000-43, amending Ordinance No. 91-102, the Land Development Code, is Inconsistent with the County's Growth Management Plan. 10. BOARD OF COUNTY COMMISSIONERS A. Appointment of member to the Health Planning Council. B. Appointment of Commissioners to serve on the Value Adjustment Board and set tentative hearing dates. C. Appointment of member(s) to the Rural Fringe Area Assessment Oversight Committee. D. Appointment of member(s) to the Rural Lands Oversight Committee. E. Appointment of members to the Public Vehicle Advisory Committee. F. Discussion regarding Police Athletic League's use of 300 acres of surplus property. (Commissioner Constantine). 11. OTHER ITEMS A. OTHER CONSTITUTIONAL OFFICERS B. COMMUNITY REDEVELOPMENT AGENCY I) Recommendation that the Community Redevelopment Agency Board authorize staff to waive the purchasing policy and contract with Holland and Knight to provide legal services to the Collier County Community Redevelopment Agency and to direct staff to prepare a budget amendment. 5 ,%uzust I, 2000 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-2000-09 Brad Hedrich, P.E., of Hedrich Engineering Inc., representing Meridian Land Co. requesting a rezoning for the property currently zoned "A" Rural Agricultural, "RSF-3" Residential Single Family and "ST" overlay to "PUD" Planned Unit Development to be known as Madeira PUD for a maximum of 438 residential dwelling units for property located on the west side of Livingston Road, approximately 3/4 miles north of lmmokalee Road (C.R. 846) in Sections 13 and 24, Township 48 South, Range 25 East, Collier County, Florida, consisting of 145.93 +/- acres. Co OTHER 1) Adopt an ordinance to amend the Collier County Road Impact Fee Ordinance by clarifying provisions and guidelines that apply to golf course road impact fees; also to amend provisions that will apply prospectively. 13. BOARD OF ZONING APPEALS A. ADVERTISED PUBLIC HEARINGS B. OTHER 14. STAFF'S COMMUNICATIONS 15. BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES l) Authorization of a 100% waiver of impact fees for one house to be built by Crescencio Lopez at 671 12th Avenue NE, in Golden Gate Estates, Collier County, Florida. 2) Authorization of a 100% waiver of impact fees for thirty houses to be built by Habitat for Humanity in Carson Lakes Subdivision in Collier County, Florida. 3) 2000 Tourism Agreement between Collier County and the Marco Island Film Festival regarding advertising and promotion. 4) Approve transfer of the cable television franchise from Florida Cablevision Management Corporation, D/B/A 'Fime Warner Cable, to A.O.L. Time Warner Incorporated. 5) Recommendation that the Board of County Commissioners authorize staff to waive the purchasing policy and contract with the Sontbwest Florida Regional Planning Council to 7 implement a portion of the Enterprise Community Strategic Plan of lmmokalee and direct staff to prepare a budget amendment. 6) Approval of interim policy to prohibit blasting in new subdivision and site development plan construction within 350 feet of existing structures. 7) 8) 9) 10) 11) 12) 14) 15) 16) 17) 18) Recommendation to approve commercial excavation permit No. 59.745, "Jim Weeks Commercial Excavation Desoto & 29~h" located in Section 21, Township 48 South, Range 28 East: bounded on the north by vacant !and zoned Estates, on the west by Desoto Boulevard, on the south by 29th Avenue NW, and on the east by vacant !and zoned agriculture. Final acceptance of water and sewer connections for Marine national bank at Vanderbilt Galleria. Final acceptance of water and sewer connections for North Naples Storage. Assignment Agreement for easement for Pelican Marsh, Unit 22 (Galleria Drive). Request to terminate the existing construction maintenance and escrow agreement for subdivision improvements for Glen Eden, Phase Two, and enter into a Construction Maintenance and Security Agreement with the developer. Request to grant final acceptance of the roadway, drainage, and water sewer improvements for the final plat of"Pelican Lake RV Resort, Phase Three". Request to grant final acceptance of the roadway, drainage, and water sewer improvements for the final plat of"Pelican Lake RV Resort, Phase Four". Request to approve for recording the final plat of "Capistrano at Grey Oaks", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance security. Request to approve for recording the final plat of "Flamingo Fairways". Request to approve for recording the final plat of "Shady Hollow Trust". Request to approve for recording the final plat of "Saratoga at Lely Resort". Request to approve for recording the final plat of "Cedar Hammock, Unit 2", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the Performance Security. 19) Request to approve the Activity Center #9 Interchange Master Plan Vision Statement. 8 B. TRANSPORTATION SERVICES 1) Recommendation to terminate the contract with Environmental Care, Inc., Bid #99-2964 for Lely Golf Estates M.S.T.U. Roadway Grounds Maintenance. 2) This item has been deleted. 3) This item has been deleted. 4) This item has been deleted. 5) Metropolitan Planning Organization (MPO) Budget for Public Transportation Planning Activities. 6) Commitment to maintain selected Transportation enhancement projects. 7) To approve a Budget Amendment for the transfer of funds for the Immokalee Beautification Municipal Services Taxing Unit. 8) Recommendation that the Board of County Commissioners award Bid #00-3111 for the entrance signs to Lykins Signtek, Inc., approve the necessary budget amendment and authorize the Chairman to execute the contract documents upon County Attorney review. 9) Recommendation that the Board of County Commissioners adopt a Resolution fixing the date, time and place for Public Hearing for approving the special assessment (Non-Ad Valorem Assessment) to be levied against the properties within the Pelican Bay Municipal Service Taxing and Benefit Unit for maintenance of the water management system, beautification of recreational facilities and median areas, and maintenance of conservation or preserve areas, and establishment of Captial Reserve Funds for the maintenance of conservation or preserve areas, U.S. 41 berms, street signage replacements within the median areas and landscaping improvements to U.S. 41 entrances, all within the Pelican Bay Municipal Service Taxing and Benefit Unit. 10) This item has been deleted. 11) Recommendation that the Board of County Commissioners approve the necessary Budget Amendment to transfer funds from the Street Lighting Reserve Fund to Street Lighting Capital Outlay. 12) Approve Petition TM 96-07 for the Neighborhood Traffic Management Program Project on Granada Boulevard between Goodlette-Frank Road and US 41. 13) Reject Bid #00-3071, Bayshore Drive Beautification and authorize staff to re-bid and use annual contracts. 14) Update the Board on the status of the Goodlette-Frank Road Median Beautification Project from Solana Road to Northgate Drive, Project No. 60095. 15) Follow up presentation to Transportation workshop. 16) Reject Bid #00-3071, Bayshore Drive Beautification, authorize staff to re-bid and use annual contracts and authorize the County Manager to execute formal contracts. 17) Approve a Budget Amendment for the Construction of Davis Boulevard (SR 84) and Collier Boulevard (CR 95 I) Intersection im provera en ts, Project #66065D. C. PUBLIC UTILITIES 1) Approve standardization and purchase of four replacement booster pumps through Bid #00- 3100. 2) Approve work order to Mitchell & Stark Construction Company, Inc. for services to construct a raw water main across the Cocohatchee canal east of Livingston Road. 3) Approval and execution authorizing recording of Notices of Delinquent Special Assessments for Solid Waste Collection and Disposal Service for the 1995 service year. 4) Approval and execution authorizing recording of Notices of Delinquent Special Assessments for Solid Waste Collection and Disposal Service for the 1996 service year. 5) Waive requirement for formal bid process utilizing underground utilities contractors work order system and award work order for the replacement of an 8 inch wastewater force main. 6) Authorization to execute Satisfaction of Lien documents filed against Real Property for Abatement of Nuisance and direct the Clerk of Courts to record same in the Public Records of Collier County, Florida. 7) Authorization to execute Satisfaction of Liens for certain residential accounts wherein the County has received payment and said liens are satisfied in full for the 1994 Solid Waste Collection and Disposal Services Special Assessments. 8) A Resolution approving the Satisfaction of Liens for certain residential accounts wherein the County has received payment and said liens are satisfied in full for the 1993 Solid Waste Collection and Disposal Services Special Assessments. 9) Approval and execution for Satisfaction of Claim of Liens for Water and/or Sewer System impact fees. 1o) Authorization to execute Satisfaction of Lien Document filed against Real Property for Abatement of Nuisance and direct the Clerk of Courts to record same in the Public Records of Collier County, Florida. 11) Authorization by the Board of County Commissioners as the Governing Body of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, the Goodland Water District, and the Marco Water and Sewer District, approving the Special Assessment hardship deferrals for certain sewer assessments for the 2000 tax year. 12) A Resolution approviug the Satisfaction of Liens for certain residential accounts wherein the County has received payment aud said liens are satisfied iu full for the 1991 Solid Waste Collection and Disposal Services Special Assessments. 13) 14) is) 16) 17) A Resolution approving the Satisfaction of Liens for certain residential accounts wherein the County has received payment and said liens are satisfied in full for the 1992 Solid Waste Collection and Disposal Services Special Assessments. Approval and execution of Satisfactions of Notice of Promise to Pay and Agreement to extend payment of Water and/or Sewer System Impact Fees. Approval of an Agreement with Phillips & Jordan to provide Disaster Recovery Services, RFP #00-3038. Approve the Conveyance of a Right-of-Way and Utility Easement to Albertson's Inc. Approve a Property Exchange and Design/Construction Agreement related to the South County Regional Water Treatment Plant Expansion, White Lake Boulevard, and the Citygate PUD, Project 70054. Do PUBLIC SERVICES 1) Approve the Medicaid Waiver Continuation Contract 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. 2) This item has been deleted. 3) Approve a revised Collier County Public Library Fines and Fees Schedule. 4) Award of Bid 00-3104 to install sports lighting at Eagle Lakes Park and lmmokalee Aquatic Facility. Approve budget amendment to recognize tower lease revenue. 6) Approve agreements with performers for Country Jamboree. 7) Award of Bid 00-3097 for the purchase of a mobile performance platform. 8) Approve a resolution establishing an ad hoc committee to be known as the Collier County Community Health Care Planning and Finance Committee, and to extend the term of the Collier County Community Health Care Committee. 9) Approval of a lease agreement between Collier County and Billy Boy Carryout, inc. for space to bc utilized by the Collier County Health Department. 10) Approval of a lease agreement between Collier County and Task Force for the Homeless, and execute a resolution regarding same. 11 E. SUPPORT SERVICES 1) Adopt a Resolution Authorizing the Canceling of Current Taxes Upon Certain Oil Gas & Mineral Rights Obtained by Tax Deed Without Monetary Compensation for Public Use. 2) Adopt a Resolution Authorizing Cancellation of Current Taxes Upon a Fee-Simple Interest Collier County Acquired by Special Warranty Deed, for Public Use and Without Monetary Compensation. 3) This item has been deleted. 4) Authorization for Staff to Amend Section 5 of Ordinance No. 87-25 Pertaining to Surplus Property Alternative Procedures. 5) Approval of Budget Amendments to Fund 517, Group Health Insurance. 6) Award of Bid No. 00-3091 - "Fleet Vehicles." 7) Approval of Changes to the Collier County Group Benefit Plan. 8) Approval of Lease Agreements between Collier County and Roger Carvallo for the Continued Use of Office Space for the Clerk of Courts. 9) Accept Grants of Easement for the Installation of Directional and/or Identification Signs, Landscaping Lighting, and Maintenance. 10) Approve a Budget Amendment to Increase Appropriations for Personnel and Operating Costs in Fleet Management Fund (521). 11) Waive Requirements for Formal Bid Process Utilizing General Contraetor's Services Work Order System and Award Work Order for the Construction of the Golden Gate Government Service Ceuter. 12) Recommendation to Accept Staff's Short List for Architectural Services for the Development Services Building Addition & Parking Garage, RFP #00-3070. 13) Approve Contracts for Construction Manager at Risk for the Proposed Development Services Building Addition and Parking Garage, RFP #00-3064. 14) Amend Consulting Services Agreement (96-2470) for Additional Training and Support Services. 15) Approval of a Budget Amendment for Emergency and Unanticipated Expenditures for Building Maintenance. EMERGENCY SERVICES COUNTY MANAGER 1) Ratification by the Board of County Commissioners of consent/emergency items approved by the County Manager during the Board's absence. (a) Acceptance of monies from 951 Land Holdings, Ltd. For the purpose of off-site shelter mitigation. (b) Approve a budget amendment to transfer funds to cover real property cost, street lighting, mitigation, and contingency expenses for Livingston Road North-South MSTU, Project #65041. (c) Award a construction contract to Zep Construction, Inc. for the Palm River Boulevard bridge replacement and utility work, Project #69133, Bid No. 00-3075. (d) Approval of budget amendment report - BA #00-355, #00-360, #00-373. (e) Approve Work Order No. ABB-FT-00-07 with Agnoli, Barber and Brundage, Inc. for the engineering design and environmental permitting of the Wiggins Pass road outfall (Project No. 31212). (f) Request to waive formal competition and approve emergency replacement of east scale at Naples Landfill. (g) Approval of budget amendment report - Budget Amendments #00-387, #00-390, #00- 394, #00-396, #00-397. (h) Approve a budget amendment to purchase a 1981 Chevrolet Scottsdale rescue/pumper truck. (i) Approve a budget amendment for expenses incurred for the North Naples Regional Park project for recording, title searches and appraisals of additional acreage purchased. (j) Authorize a budget amendment for the Pine Ridge Road Project. 2) Recommendation that the Board of County Commissioners approve the Collier County Government Staff responses to the Florida Association of Counties State Legislative Survey. H. AIRPORT AUTHORITY I. BOARD OF COUNTY COMMISSIONERS J. MISCELLANEOUS CORRESPONDENCE 1) MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED K. OTHER CONSTITUTIONAL OFFICERS 1) Recommend that the Board of County Commissioners designate the Sheriff as the official applicant for the United States Department of Justice, Bureau of Justice Assistance, Local Law Enforcement Block Grant Program, accept the grant when awarded and approve applicable budget amendments. 2) Request Board authorization and expenditure of Budgeted 301 Funds for the purchase of a telephone system for the Sheriff's Office Training Facility at the James Lorenzo Walker Vocational Technical Center. 3) Request Board authorization and expenditure of Budgeted 301 Funds for the purchase of telecommunications equipment to integrate Buildings "J", "J-l", and remote locations. 4) Resolution amending the legal descriptions for precinct boundary adjustments. L. COUNTY ATTORNEY 1) Recommendation that the Board of County Commissioners approve the Final Judgment relative to the easement acquisition on Parcel No. 131 i the lawsuit entitled Collier County v. R.A.K. Development Company, #tc., et aL, Case No. 92-2791-CA-01-HDH (widening of Immokalee Road). 2) Recommendation that the Board of County Commissioners approve the Stipulated Final Judgment relative to the easement acquisition on Parcel No. 105 in the lawsuit entitled Collier County v. Radio Road Joint Venture, et al., Case No. 98-1396-CA (Livingston Road Extension - Golden Gate Boulevard to Radio Road project). 3) 4) $) 6) 8) 9) lO) 11) Recommendation that the Board of County Commissioners approve the Stipulated Final Judgment relative to the easement acquisition on Parcel Nos. 103, 104-OT, 107, 122, 822, 908, 913, 918 and 922 in the lawsuit entitled Collier County v. Radio Road Joint Venture, et al, Case No. 98-1396-CA (Livingston Road Extension - Golden Gate Boulevard to Radio Road project). Recommendation that the Board of County Commissioners approve the Stipulated Final Judgment relative to the easement acquisition on Parcel No. 129 in the lawsuit entitled Collier County v. Radio Road joint Venture, et al., Case No. 98-1396-CA (Livingston Road Extension - Golden Gate Boulevard to Radio Road project). Recommendation that the Board of County Commissioners approve the Stipulated Final Judgment relative to the fee simple acquisition of parcel no. 119B in the lawsuit entitled Collier County v. Gerald A. McHale, Jr., Successor-Trustee under Recorded Land Trust Agreement dated 12/10/92, et al., Case No. 00-0487-CA (Pine Ridge Road between CR 31 and Logan Boulevard). Recommendation that the Board of County Commissioners approve the Stipulated Final Judgment relative to the easement acquisition on parcels no. 172 and 172T in the lawsuit entitled Collier County v. Christopher Danielson, eta!., Case No. 99-3690-CA (Golden Gate Boulevard between C.R. 951 and Wilson Boulevard). Recommendation that the Board of County Commissioners approve the Stipulated Final Judgment relative to the Easement acquisition on parcel nos. 184 and 184T in the lawsuit entitled Collier County v. George Peralta, et al., Case No. 00-0937~CA (Golden Gate Boulevard between C.R. 951 and Wilson Boulevard). Recommendation that the Board of County Commissioners authorize the making of an Offer of Judgment to Defendant, H.A. Street, for parcels 910 & 911 in the amount of $1,100.00 in the lawsuit styled Collier County v. William Kinsley, et al., Case No. 96-1315-CA. Recommendation that the Board of County Commissioners approve the Stipulated Final Judgment relative to the easement acquisition on Parcel Nos. 139 and 839 in the lawsuit entitled Collier County v. Ronald G. Bender and Michele J. Bender, Trustees under that certain Declaration of Trust dated the 17th Day of May, 1991, et aL, Case No. 98-1394-CA (Livingston Road Extension - Golden Gate Boulevard to Radio Road) Project. Recommendation that the Board of County Commissioners approve the Stipulated Final Judgment relative the fee simple acquisition of parcel no. 141 in the lawsuit entitled Collier County v. Anthony C. Purpero, et al., Case No. 00-0141-CA (Pine Ridge Road between CR 31 and Logan Boulevard). Recommendation that the Board of County Commissioners allow the Office of the County Attorney and Risk Management Department to make an Offer of Judgment in Poppv. Collier County, Case No. 99-3286-CA, pending in the Circuit Court of the Twentieth Judicial Circuit for Collier County, Florida. M. AIRPORT AUTHORITY 1) Authorize Chairman to execute perpetual and unobstructed utility easement to Florida Water Services Corporation, a Florida Corporation at the Marco Island Executive Airport. 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. Petition PUD-00-03, Ms. Karen Bishop, of Planning Management Services, Inc., representing Barton and Wendy Mcintyre, requesting a rezone from "A" Rural Agriculture to "PUD" Planned Unit Development to be known as Nicaea Academy PUD for property located on the northeast corner of Collier Boulevard and Tree Farm Road in Section 26, Township 48 South, Range 26 East, Collier County, Florida, consisting of 119 acres. Petition CU-2000-06 David W. Rynders, representing James K. Keiser, requesting Conditional Use" 14" of the "A" zoning district for a social club per Section 2.2.2.3. for outdoor sunbathing for property located at 1311 Pet Ranch Road, in Section 18, Township 49 South, Range 26 East, Collier County, Florida consisting of 8.71 +/- acres. Petition CCSL-93-3, NB Hotel Limited, representing the La Playa Resort beach concession, requesting a Coastal Construction Setback Line variance to allow for construction of shower/deck, cabana storage boxes, waverunners/sailboat/kayaks /chairs storage area and volleyball net posts at the La Playa Resort Hotel at Lots 25 through 30 inclusive, Block B, Unit 1, Connors Vanderbilt Beach Estates, Section 29, Township 48 South, Range 25 East, Collier County, Florida. Do Petition CCSL-2000-1, Gulf Sea Adventures, requesting a Coastal Construction Setback Line variance to allow for storage area for waverunners and other associated beach concession equipment at the Vanderbilt Inn on the Gulf Hotel at Lot 6 and the north portion of Lot 5, Baker-Carroll Point, Unit 2, Section 29, Township 48 South, Range 25 East, Collier County, Florida. Petition CCSL-2000-2, Brett D. Moore of Humiston & Moore Engineers representing the Halstatt Partnership and Westgroup La Playa, LLC, requesting a Coastal Construction Setback Line variance to allow for construction of a pool, covered walkway, fitness facility, tiki bar and grill, second floor balcony and other associated improvements to the La Playa Resort Hotel at Lots 25 through 30 inclusive, Block B, Unit I, Connors Vanderbilt Beach Estates, Section 29, Township 48 South, Range 25 East, Collier County, Florida. Petition CCSL-2000-3, Annis Mitchell Cocknc.x Edwards & Roebn, representing tile Ritz Carlton, requesting a Coastal Construction Setback Line variance to identify storage areas for Go go Mo beach furniture, water craft and associated beach concession equipment, and to construct storage boxes, concession stands, and a massage tent at the Ritz Carlton Hotel site and annex park site located in Section 32, Township 48 South, Range 25 East, Collier County, Florida. Petition CCSL-2000-4A, Brett D. Moore, P.E., of Humiston and Moore Engineers, representing the Pelican Bay Foundation, Inc., requesting a Coastal Construction Setback Line variance to allow for construction of umbrella box platforms and associated dune walkovers, and designated areas for beach concession storage, located at the Pelican Bay North Beach facilities, Pelican Bay Planned Unit Development (see exhibit A for legal description), Section 4, Township 49 South, Range 25 East, Collier County, Florida. Petition CCSI.,-2000-4B, Brett D. Moore, P.E., of Humiston and Moore Engineers, representing the Pelican Bay Foundation, Inc., requesting a Coastal Construction Setback Line variance to allow for construction of umbrella box platforms and associated dune walkovers and designated areas for beach concession storage located at the Pelican Bay South Beach facilities, Pelican Bay Planned Unit Development (see exhibit A for legal description), Section 8, Township 49 South, Range 25 East, Collier County, Florida. Petition V-2000-11, J.D. Allen representing Bill Chapin requesting a 10 foot variance from the required combined side yards of 20 percent of the lot width not to exceed 50 feet, to allow for 40 foot combined side yards for a property located on Business Lane and is further described as Lots 12 and 13, North Collier Industrial Center, Collier County, Florida. Petition V-2000-13, J.D. Allen representing Bill Chapin requesting a 10 foot variance from the required combined side yards of 20 percent of the lot width not to exceed 50 feet, to allow for 40 foot combined side yards for a property located at Collier Center Way and is further described as Lot 7 and the east 60 feet of Lot 6, North Collier Industrial Center, Collier County, Florida. Petition SNR-2000-03, D. Wayne Arnold, AICP, representing WCI Communities, Incorporated, requesting a street name change from Pelican Marsh Boulevard to Tiburon Boulevard East, located in the Pelican Marsh PUD, in Section 36, Township 48 South, Range 25 East. Petition VAC 00-012 to disclaim, renounce and vacate the County's and the publics interest in road right of way, utility and drainage easements located within the San Marino PUD project which was conveyed to the County by O.R. Book 306, Page 530, Public Records of Collier County, Florida, located in Section 11, Township 50 South, Range 26 East. Petition VAC-00-013 to vacate a 15' wide drainage easement along the tract line common to Tracts "P" and "Q", according to the plat of "Northbrooke Plaza", as recorded in Plat Book 31, pages 65 through 66, Public Records of Collier County, Florida, located in Section 19, Township 48 South, Range 26 East. 18. A!)JOURN 17 INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 18 AGENDA CHANGES BOARD OF COUNTY COMMXSS~'ONERS' MEETING AUGUST 1, 2000 ADD: ITEM 16(B1(18): ADOPT A RESOLUTION AUTHORIZING THE ACQUISITION BY GIFT OR PURCHASE, OF NON-EXCLUSIVE, PERPETUAL SIDEWALK, LANDSCAPE AND MAINTENANCE INTERESTS BY EASEMENT FOR THE VANDERBILT BEACH ROAD SIDEWALK RELOCATION AND LANDSCAPING PROJECT BETWEEN HAMMOCK OAK DRIVE AND US 41 - PROJECT NO. 67021, CIE NO. 23. (STAFF'S REQUEST). ADD: ITEM 164G){I}{IO: APPROVE BUDGET AMENDMENT REPORT - #00-405. (ITEM INCLUDED IN AGENDA PACKAGE BUT NOT LISTED ON AGENDA INDEX - STAFF'S REQUEST). CONTINUE ITEM 12Ic) TO .THE, MEETING OF 9/12/00: ADOPT AN ORDINANCE TO AMEND THE ROAD IMPACT FEE ORDINANCE (STAFF'S REQUEST). CONTINUE ITEM 17(C} TO THE MEETING OF 9/12/00.;. PETITION CCSL-93-3, NB HOTEL LTD, REPRESENTING THE LA PLAYA RESORT BEACH CONCESSION, REQUESTING A COASTAL CONSTRUCTION SETBACK LINE VARIANCE. (PETITIONER'S REQUEST). CONTINUE ITEM 17(E} TO THE MEETING OF 9/!2/00: PETITION CCSL-2000-2 -REQUEST A COASTAL CONSTRUCTION SETBACK LINE VARIANCE TO ALLOW FOR CONSTRUCTION OF A POOL, COVERED WALKWAY, AND OTHER IMPROVEMENTS TO THE LA PLAYA RESORT HOTEL. (PETITIONER'S REQUEST). DELETE: ITEM .16(B}~15) - REJECT BID #00-3071, BAYSHORE DRIVE BEAUTIFICATION AND AUTHORIZE STAFF TO RE-BID AND USE ANNUAL CONTRACTS. (STAFF'S REQUEST). MOVE: IT~M 16(B}(153 TO 8(B){S~: FOLLOW UP PRESENTATION TO TRANSPORTATION WORKSHOP. (STAFF'S REQUEST). $TAI~F COMMUNiC.~TIONS 1. DISCUSSION REGARDING THE CLOSING OF G. PIERCE WOOD MEMORIAL HOSPITAL. (COUNTY MANAGER'S REQUEST) NOTES: ITEM 8CBII3) - CHANGE TITLE TO READ: CONSULTANTS REPORT ON THE TRAFFIC ANALYSIS FOR THE PROPOSED ALIGNMENT FOR A ROADWAY FROM RADIO ROAD TO DAVIS BOULEVARD AS A PROPOSED EXTENSION OF LIVINGSTON ROAD, PROJECT NO. 60135. (STAFF'S REQUEST). ITEM 16(A~(8) SHOULD READ: (UNDER CONSIDERATIONS - ITEM 2) - PRELIMINARY ACCEPTANCE WAS APPROVED BY THE COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES STAFF ON AUGUST 19, 1999~ (STAFF'S REQUEST). ITEM 16~D~I6): APPROVE AGREEMENTS WITH PERFORMERS FOR COUNTRY JAMBOREE - THE CONTRACT HAS BEEN AMENDED TO READ THAT PAYMENT WILL BE MADE AT THE TIME OF THE PERFORMANCE RATHER THAN IN ADVANCE OF THE EVENT. (COUNTY ATTORNEY'S OFFICE). ITEM 8(G}¢2) - REQUEST THIS ITEM BE HEARD IMMEDIATELY FOLLOW PRESENTATIONS: RECOMMENDATION TO APPROVE NORMAN FEDER TO THE POSITION OF TRANSPORTATION SERVICES ADMINISTRATOR. (STAFF'S REQUEST). PI~OCLA&~A TION WHEREAS, WI-i~EA$, H/HEREA$, WHEREAS, NOW through the ages, clownS have used their talents of drama, music, dance, wit, acrobatics, ju99h~, balloon sculpturin9 and make-up to provide laughter and entertainment,' and, bein9 o clown requires physical skills, dramatic ability and a firm understandin~ of human nature.' and, the familiar comic character known os a clown encourages laughter in the your9, the old, the rich and the poor and makes people forget their troubles, afflictions, handicaps and depressibm and, c/ownS 9/re o part of themselves to de/ight ond br/n9 moments of quiet splendor children ~ hospitals, homes for ,f 2000 be DONE AND T'J:~OTHY cHATP. MAN CLERK AGENDA ITEM No .. ~__-~Z ....... AU~ O I EXECUTIVE SUMMARY RECOMMENDATION TO RECOGNIZE FRANK PUGH, SENIOR UTILITY TECHNICIAN, WATER DISTRIBUTION DEPARTMENT, AS EMPLOYEE OF THE MONTH FOR JUNE 2000. OBJECTIVE: The "Employee of the Month" Program is designed to recognize exceptional performance plus uniquely identifiable contributions which produce significant results for the County. CONSIDERATIONS: Frank has 'been employed with the Water Distribution Department since 1994. He displays an above average initiative, striving on a daily basis-to improve his performance. Frank was recently promoted to Senior Utility Technician position overseeing the Maintenance Section. Frank's knowledge of system repairs and work site organization is displayed on each job he is assigned. During a large main repair, Frank was called in at 11:00 p.m. and assisted until the early morning hours, working in unfavorable conditions. Frank's idea for this repair saved having the customer be without water for an additional five hours. Frank's hard work, dedication and can-do attitude makes him a valuable member of the Distribution Team. FISCAL IMPACT: "Employee of the Month" selectees receive a $50.00 cash award. Funds for this award are available in the Department Budget Cost Center. RECOMMENDATION: That Frank Pugh, Senior Utility Technician, Department, be recognized as the "Employee of the Month" for JU~:~1 2000i PREPARED BY: ~,,~_~.t,_t_, / DATE: ' Mary-J qq~r'~k~Adm inistrative Secretary APPROVED BY: DATE: Thomas W. Olliff. County Manager Water Distribution AGENDA ITEM No._ EXECUTIVE SUMMARY RECOMMENDATION TO RECOGNIZE JUDITH SCRIBNER, CASE MANAGER, SOCIAL SERVICES/SERVICES FOR SENIORS, AS EMPLOYEE OF THE MONTH FOR JULY 2000. OBJECTIVE: The "Employee of the Month" Program is designed to recognize exceptional performance plus uniquely identifiable contributions which produce significant results for the County. CONSIDERATIONS: Judy has been employed with Collier County since 1987. Her ongoing professional and personal development continue to take the skills required by her position as Case Manager to a higher level of excellence. Recently Judy accepted the job of heading up a new Assisted Living Facility Medicaid Waiver program. This involved a full week of classes and passing rigorous Jesting. She accomplished all of this with her customary professionalism. The accomplishment that stands out most recently is what Judy did for her fellow County co- workers. Judy inquired as to why extended vacation leave wasn't provided to long term employees, although other County governments did offer this benefit. Doing some research on her own, she passed on the information found to the Employee Advisory Committee. The Employee Advisory Committee researched further and presented their findings to the Board of County Commissioners. It is because of Judy's initiative and the EAC follow-up that all County employees that have worked here at least 10 years will now be shown appreciation via an extra 5 days of vacation leave. Judy's outstanding job performance in all areas continually benefit Services for Seniors Program clients, the general public and her co-workers in Collier County Government. Judy is an outstanding employee any month of the year. FISCAL IMPACT: "Employee of the Month" selectees receive a $50.00 cash award. Funds for this award are available in the Department Budget Cost Center. RECOMMENDATION: Seniors, be recognized as the "Employee of the Month" for July 2000. Mary-Jo'~m~k,.~-dministrative Secretary, County Man~ager s APPROVED BY: That Judith Scribner, Case Manager, Social Services/Services for Thomas W. Olliff, County Manager DATE: Office AGENDA ITEM No. 2000 EXECUTIVE SUMMARY Presentation by the United States Census Bureau to Collier County for its outstanding efforts to encourage a fair and complete count of all its citizens during the 2000 census. Presentation will be made by Mickey Rosado of the Fort Myers office. OBJECTIVE: To accept a plaque from the United States Census Bureau. CONSIDERATION: Collier County planned and executed an outstanding effort to make sure that as many citizens as possible participated in the United States 2000 Census. This was particularly important because the allocation of federal and state funds depends on census figures. The effort was housed in the Community Development and Environmental Services Division. The Board of County Commissioners appropriated funds to hire a professional public relations firm who worked with the Department of Public Information to reach those who could be missed by ordinary means and thus not fill out the necessary forms to be counted. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: Accept the plaque from the United States Census Bureau. SUBMITTED BY: APPROVED BY: /~c~ LA~ ~,~t~- Date: ~fean Merritt, Director Department of Public Information Date: Jo-Anne Varcoe-Leamer, Administrator Support Services Division AU$ 0 1 2000 COLLIER COUNTY MANAGER'S OFFICE July 24, 2000 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8383 FAX (941) 774-4010 Edward J. Fullmer Vice President Goodland Civic Association P.O. Box 263 Goodland, Florida 34140-0263 Re: Request for Public Petition - Goodland Building Moratorium Dear Mr. Fullmer: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of August 1, 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,' TWO/bp cc: County Attorney Community Development Services Division AGENDAsITEM No._ olliff t lO: CC: Subject: Goodlandfi@aol.com Friday, July 21, 2000 2:29 PM TOMOLLIFF@colliergov.net BOBMULHERE@colliergov.net GOODLAND BUILDING MORATORIUM Mr. Tom Olliff County Nanager Collier County Government 330! E. Tamiami Trail Naples, FI. 34!12 Dear Tom: Bob Mulhere indicated he would send you an email on our behalf, earlier this week. I have tried to make contact with you by telephone, but have missed you each time. I have been in route from Florida to New Jersey this past week, but now have eraall access. Bob spoke to you regarding our concern about issuance of building permits for Goodland until our zoning overlay p~..rocess is complete. He relayed that you indicated we should make this test at the August 1, board meeting. ! request by way of this e-mail, that we be placed on the agenda for the August 1 Board of County Commissioners meeting. We request under Public Petition that the commissioners vote to place a moratorium on issuance of building permits for multi housing construction in areas of Goodland zoned Village Residential, The village just completed the overlay survey and the responses indicate a very large concern about building heights and multifamily construction, The Commissioners voted for funds to be allorated to go through the zoning overlay process, and we should have the opportunity to complete the process before new permit~ are issued, for types of developments that substantially counter the wishes of the community, Please respond by email with any additional requirements before us for the board meeting, or any suggestions you have. E-mail, either to edfullmer@aol.com or goodlandfi~aol.com you for your consideration. Sincerely, 1 NO. .7( Edward ~. Fullmet Vice President Goodland Civic Association 2 AG EI~ D,.~ No ..... ! ~ COLLIER COUNTY MANAGER'S OFFICE July 25, 2000 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8383 FAX (941) 774-4010 The Honorable Sammy Hamilton City of Everglades City P.O. Box 236 102 NE Copeland Avenue Everglades City, Florida 34139 Re: Request for Public Petition - Funding For City Hall - Historical Preservation Site Dear Mayor Hamilton: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of August 1, 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 Office of Management & Budget Pg._ ?.0. Box 110 E~gl~d~ City ~one (941)695-378l Mr. John Dunnuck, County Managers Office Board of County Commissioners Collier County Government Center 3301 East Tinmiami Trail Naples, Florida 34112 Via Fax 941 774 4010 Dear Board of County Commissioners: SUBJECT: COLLIER COU,"CTY BOAxXLD OF COUNTV CO?,5?'7:S:5'/DNERS MEETING ON TUESDAY, AUGUST t, 2008 A ,'. 9:60 .-=5~, ' ....~'"'= ...... :<.< :. ~.,~, FUNDS FOR STATE G~T IN AID, HISTO~C 7P2~SNRVATTeN PROJECt', E~RGL~ES C~ H~L. By means of this letter, I am requesting that you recoD~iz: Ever~!ades Ci~ Mayor Sammy Hamilton and City Consultant Chuck ?,/ioi:!k~ .as tNe City's designated representatives attending the Board of Commissioners meetin g. On behalf of Everglades City, Mayor Hamilton would ~e ~ar¢Sal if you would recognize the City's views regarding the ,.Historic Preservauo?~,_2&]j_e_ct that S~.nx[or GeHers Legislative Aide, Jennifer James submi~ed to the Co~.mty Managers oD]ce with a proposal to fund the matching funds in the amount or 5'~0,000.00 for the rcunaat.on of liverglades City Hall. To give you a better understanding of the needed .--~-'-' ,~,~,~ ....70U ':'.'!:i '~ -' ' copy-of the Structural Analysis, dated July 10.20()0 .-~d :.opies of'-:i~e t..ommm.lb' Budget Issue Request ofthe C'ollicr County Legislative Deie2afion in ~,=- ~-~- "1999. I trust that the Board will give favorable cons~d,,,a,,o.~ to Everg',.ades C'it]"s request for the funds needed to restore our City Hall to a stmctm-ally-sound condition. Ev.rgladcs City Clerk AGEND~EM No. '7 ~'h Mayor City C~.'-k PO ~' ~ S~,~l~y Halll/lto~l, Jr. M~ha D~iGi~ Chria [~mb~do ,' Tony Collier County Requeste~. Mayor ~mtton of Requ~ Ct~ of House of R~en~ffv~ Senator Project Description: The :e~toratton of EvergJade~ C;ty Ha!l, ?: h;stonc ,~di~¢ cor~t~ed ~n 192~. F~m 19~ ~o 1962, ~te~ CounW's g~n~r~-pu~o;~ .~ovc~¢~z~ ~ in t~s ~1~ ~l~g t~e ~n~ c~ ~tem. After k;u~cme Donna gover~ent ~ reloca~d to tt~ pre~en~ ~a~ Na~le~ Icc~uon; s~.n~ ~be:~. ~[~ E,,'~C;j. ad~ C~ty mu~ci~l-gove~ent a~iviti~ ~ve been ad~c~ed from Cit'y ~:~.~Jl. ;~:.:..-:~e~ Anew ~d Irene, ~d ~do~c flo~ c~s~ by th~ "~ k~.;~cm~e" in N~ie~h ~973 ~d other ~cent t~pic~ ~o~ event~ have eroded the ~hell oi Cid/P¢~. T~ n~d to b~e of CiW H~I ~ been ~co~zcd by its inclusion :r~ the r~ ~/~ ~F/~,"~ ~ ~ submi~ed ~ Colher CounW Oovemm;n; ca .:~,uT~t 3:, 1997 and now under review by Rod~'~ Depa~ment of ~mm~mW A~f~,~ (DCA'~, ?~oCe~ ~mn~ ~,.~u;,~ be used to restore the ~ sheU to a s~r~lp~nd con~r;oa TN:~ Cir! N~ "~:~...,elope" (round. on, ~, ~d moo m~ be ~m~r~ly ~ou:~d ~a order ~o pe~a!t ~ts re.oration ~stonc ~1~' ~d a ~able site for go~ the ~;ty. ~;e o~.~ ,~ ,~%~¢:J~?~d~ ~ ~~. S~e componem of ~ ~ti~t~g c~t ~ Ek~y be derived ~fi~ion ~n~ requested to flood-proof the ~/dmffs ~',~. Whet, retype:it4, :~ae cst~ate of subleted I~ ~aher renew and ev~ua~on. Eund~ to restore ¢::e extenc; mqd intano: of Cid' H~ ~d to p~vide ~dicap ~cessib~i~/ ax~ ~yond abe scope of th~ de~ed prole~. Services Provided/Benefit to the $~te of Tl~d~; N~ir~am the ~b~i~ 9~ an ~to~c Ci~ ~i, pro.de continuiW of mumci~ ~ces. and main~n cielive~ of essential se~ice~ to a ~mote comu~W d~g ~jor ~o~ event: at w2~m~ expense to fed~r~ and state gove~ent. Mmsurable Outcome AntlCllmted: Retain continuiW of residents, ~sit~. ~ the employees ~d offi~s prese~ l~ted In proximi~ to Everglade~ Cid. AGENDA ITEM AUO 01 2co0 ~g.. Q~c~10-~ 0-~: ~5I~ i!T E!: Collier Count7 Anchor Engineering Consultants, Inc has been 9m.~',,idi~ ..?,n~2ir,~erir~ ¢'~;vice8 to the Ci~ of Eve~lades Ci~ for the past fi~een yepro. V?- hsv,~ h~C '?; op~oAuni~ to obse~e the gradual deterioratic~, cf C;h/?~s;I over %6;: ::er:od cf time. Unfcdun~ely, when damage occured s~c'r 3s dur;~9 ~4urrica~s. ~'-;c:'~w and the March 1993 no-name sto~. the Ci~ ~}~s q~'( had ~ne r~scurcr:;; :% .ms~e permanent repairs. Mo~ imDo~antty. a major r~ovat~c~ ~f ~,h,~ "~.truc~ure" woutd prevent damage from most storm evenis it is our opinion that historic prese,'vation shou!d ;~.o; "shell" structure is made sound from th~ fou~o;~;~:io~ ';~ ~h2 r~of. The ~undatio~ has deteriorated cv~r tim~ du~ ~o ~r~t.~o,~ ?,~c,-:h~,~ T'm~ can happen witho~ a major storm event. We ;:~v~ occasions when there Is a hmgh tide dud~g ~ 3~ro[',~ · We have obse~ed the entw of water i{q(o th~ c~i~r{or wc'~);, ;;:rjr;'~cL(c:~;y the noah and sout~ walls. We have cot pedormed ~ny the a~ual e~ent of the structural damage but our ~ud~jment damage is significant. · The roof was damaged during Humcane A~drow. Re~cCr~, s~emp~¢,eC tc stop the entw of rainwater. However, si~c';~ural ciam:;.:je investigated. Repair workera reposed de;:~do~'~;or, Funds were not available tc deal w(th the :.~u~ .During our time in Everglades City. the C~l'y h~s b.-~r: occupi~d with major capital projects which prevented it from ~d~qua~iy addressing '~h,¢ r-~eeds of Ci~ Hall. Soma examples: Rebuilding streets damaged during ~urr~c~r,e Ar,,::r;:w. Rebuilding storm s~ers damaged d~rir~ Hurric~n~ Replacing its dysfunctional wastewater tre~'~m3r~t piSnli, Replacing its dys~nctional wastewater coli~cticr, =y~'.;m. complete. PEase 2 will b~in early ne~ year. · Provided potable water so--ice to Chokoloskee laterid. Upgrading ~s potable water system to me~t South F!orid~ Management Dis~i~'s water conse~eaon requiremetal. $I 87,DOO AGENDA'ITEM No. En~in@~r ~ ~g 'Task Task 2 Task 3 Talk 4 Task Secure and review existing structure as well as the stru~ure will probably exist only Develop and implement a Dk~n r~r .... bs.J .... ~"~'~c';"~qOr~ tc determine the soils and rock condE on~ under !h,~ ~;ruct..:'.~. Perform a detailed field Inve~tioc, tion ~..m,,,.~ .:on~,ili~n c~ the structure, particularly the foun.~f:cn w,hich be in critical need of repair Gr ~c~n'~n~ elements of the building. are n~ssa~ to prepare concept to determine the rncs~ Prepare a written report of in,? findtng~ analyses Present the repc~ Discuss the repod with funding EXECUTIVE SUMMARY RECOMMENDATION TO APPROVE THE BUDGET AND WORK PLAN IMPLEMENTING THE IMMOKALEE HOUSING INITIATIVE PROGRAM. FOR OBJECTIVE: To have the Board of County Commissioners approve the work plan and budget to accelerate the lmmokalee Housing Initiative Program which would include opening and staffing an Immokalee office and discuss allowing flexibihty in the County's purchasing policy to implement the Site Improvement Plan (SIP) Assistance Grant Program. 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 (three 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 of staff members in Immokalee to implement the program was also discussed. There was consensus by the Board to support the program. On June 27, 2000 staff presented a program update. The Board directed staff to accelerate the program and prepare a work plan and budget that would include opening a field office in Immokalee sufficiently staffed to meet the goals of the program. CONSIDERATIONS: One incentive developed under the Imtnokalee Housing Initiative program is the Immokalee Site Improvement Assistance 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 provides park owners and/or operators with a grant for approximately two thirds of the cost assessed by firms for preparing such plans and would allow the property owner to select a qualified individual/firm (vendor) to complete the project. The current purchasing policy requires that the vendor be pre- qualified by the county. Staff is requesting that the Board consider allowing for some flexibility in the County's purchasing pohcy to remove some of the burden of vendor selection. Commissioner Berry volunteered the use of the Commissioner's office located in the Clerk of Courts building in Immokalee as a potential site for the program office. Staff has reviewed the space requirements and has met with Dwight Brock, Clerk of Courts. Mr. Brock has graciously offered the use of the Commission office and the adjoining space to the program free of charge. 1 AUG 0 1 000 Staff has reviewed the staffing needs given the high priori~ the Board has placed on this project. Staff recommends that experienced personnel are needed to coordinate and administer this program. Staff is recommending 7.5 positions to begin the program. An additional building inspector and a housing specialist may be needed at a later date. The Inter-department Supervisor will report directly to the Communi .ty Development and Environmental Services Administrator. The following table lists the proposed budget for personnel and other related operating expenses. PROPOSED BUDGET POSITION SALARY DUTIES Inter-Departmental $50,000 Project Manager, day-to-day supervisor of task Supervisor force members, public liaison to community Multi-Certified $40,000 Provide inspections prior to Site Improvement Building Inspector Plan Approvals of all units on SIP. Conduct inspections of all types of units as required. Senior Planner $38,114 Identify zoning and land use designation for each project site, analysis compliance, make recommendations on code or land use changes, and meet with property owners and process site improvement plans. 2.5 Code $64,493 Prepare inventory and assessment of all Enforcement housing units. Prepare cases, work with Investigators** property owners to abate cases. Customer Service $36,750 Process permits and collects fees. Tracks cases Representative II and updates files. Prepare brochures for public distribution. Customer Service $23,399 Updates files, assists Customer Service Representative I Representative II, provides clerical assistance to staff Salaries* $252,756 Related Operating $195,016 Costs Total $447,772 *Benefits in addition to salaries are approximately 47% **These positions plus related operating costs will be paid out of Fund 111 with the remaining to be paid out of Fund 113. 2 AUG 0 1 zooo WORK PLAN TASK TIME LINE Inventory and analysis of mobile home parks Prepare necessary paper work to declare "no impact" for replacement of mobile homes under this program Remodeling office/hiring staff Community Outreach - Program Initiatives Notify mobile home property owners of program and incentives and status of their property Assist property owners with SIP Building inspections of mobile homes as required by SIP Review and approve SIPs Prepare Comprehensive Plan amendments as necessary to the Immokalee Master Plan Prepare Zoning Overlays as necessary to 'recognize any changes identified under this program. Correct addressing of sites Track the completion of SIP requirements File code violations on non-conforming properties and process cases Coordinate with other agencies Prepare inventory and assessment of single family homes and mobile homes Develop incentive program for the remodeling or replacement of single family homes and mobile homes Notify property owners of program Conduct inspections of structures Assist property owners with permitting for rembdeling or replacement of single family homes Process cases for non-conforming properties Prepare inventory of multi-family structures Conduct follow-up preliminary site visits to mobile home parks that participated in program Notify property owners of possible violations Develop program to remodel or replace multi- family structures Assist property owners with program requirements June 2000-June 2001 September 2000- March 2001 October - March 2001 October - on-going October - March 2001 October 2000 - September 2001 October 2000- until complete October 2000- September 2001 April 2001-April 2002 September 2001-December 2002 January 2001 - until completed January 2001- until completed January 2001 - until completed On-going October 2001- October 2002 January 2002-April 2002 April 2002 - until complete March 2002- until complete March 2002- until complete May 2002 - until complete June 2002 -June 2003 June 2002- June 2003 July 2002 - July 2003 January 2003 March 2003 - until completed 3 AGEND~::JTJi~ No..._...~:~,J.) / AUG 0 1 OOO FISCAL IMPACT: Staff is recommending a budget allocation of $569,714 for FY01 to open and staff the program. Until the office is opened, existing staff will continue to provide information and follow up with this program as time permits. Staff is recommending that funds be allocated from reserves from Fund 111 in the amount of $191,786 and Fund 113 in the amount of $377,928 for FY01. The Community Development Fund 113 budget in FY 01 assumes a 15% across the board increase to fund expanded services. The Immokalee Housing Initiative expanded services were not contemplated in the FY 01 budget. Therefore, the across the board increase will have to be further increased to account for the cost of these additional positions. GROWTH MANAGEMENT IMPACT: Both the Housing Element and the Immokalee Area Master Plan support improving the housing conditions in Immokalee. RECOMMENDATION: Staff recommends that the Board approve the budget and work plan to accelerate the Immokalee Housing Initiative Program and that the Board discuss alternative purchasing procedures to allow the property owners to select their own qualified firm or individual to prepare the SIP under the Immokalee SIP Assistance Program. PREPARED BY: -'~BRAH PRESTON, AICP CHIEF PLANNER COMPREHENSWE PLANNING SECTION luly 25, 2000 DATE STAN LITSINGER, AICP ~' COMPREHENSWE PLANNING MANAGER DATE R~)BF~T I-MULHERE, AICP PLANNING SERVICES DEPARTMENT DIRECTOR 7~ '~ ~,-~ DATE 4 ~o. / AUG 0 1 2000 MICHELLE ARNOLD CODE ENFORCEMENT DEPT. DIRECTOR G'I~EG I~II~5~"IC - HUI D E PA~ T M E N/T' D I~E"~-T~O R ED PERICO BUILDING AND PERMITTING DEPARTMENT DIRECTOR APPRO44ED BY: VINCENT A. CAUTERO, AICP ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SERVICES DATE DATE DATE DATE 5 AUG 0 1 2000 Pcj. ~ EXECUTIVE SUMMARY PRESENTATION ON STATUS OF FIRE PLAN REVIEW FUNCTION OBJECTIVE: That the Board of County Commissioners review the status of the of the fire plan review function and 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. CONSIDERATION: During the Board meeting of June 27, 2000 discussion ensued regarding the status of fire plan review activities conducted by the Office of the Fire Code Official. This discussion centered around a consent agenda item involving a budget amendment to cover additional costs for services performed by the Fire Code Official. The Board instructed staff to present a report to them during the August 1 meeting on the status of fire plan review. A memorandum was sent to the Board dated June 30, 2000 providing an update on this particular development services function with statistics on turnaround time. A task force has been formed to analyze this issue and implement procedures and resources to improve turnaround times. In addition to various Fire Marshals and the Fire Code Official, members of the Collier Building Industry Association (CBIA), the County's Building Department Director, Ed Perico, and members of the Development Services Advisory Committee (DSAC) have participated in the meetings. The last meeting was held on July 6, 2000 and a discussion was held on turnaround times for fire plan review including a budget discussion of fees charged. As assistant fire code official was hired and will begin work on July 24, 2000. An additional meeting will be conducted on July 25, 2000 A verbal update will be presented during the Board meeting. FISCAL IMPACT: This Executive Summary generates no fiscal impact. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: Accept the stratus r¢ort on fire plan review. ~d~rd ~. ~eri~a, Director Building Review and Permitting Depa~ment AND APPROVED BY: ' Date: ~- ~ ~- ~ Vincent A. Cautero, MCP, Administrator Community Developmere and Environmental Seroices Division A(~END '~' AUG 0 1 000 po. / Memorandum To: From: Date: Subject: Board of County Commissioners V.nmeS Tobin, Chief, North Naples Fire Control and Rescue District cent A. Cautero, AICP, Administrator, Community Development and Environmental Services ~'~' Ed Riley, Fire Code Official June 30, 2000 Fire Plan Review The Office of the Fire Code Official, Fire Districts, the County Building Official, developers, builders, and subcontractors recognize that improvements can be made in the area of fire plan review. On April 6, 2000, the Collier County Fire Service Steering Committee voted to hire Ed Riley as the new Fire Code Official in an effort to identify the shortfalls being experienced in that office and take appropriate corrective action. Ed started work on April 24, 2000. To date there have been numerous initiatives to analyze the system, identify the shortfalls, and to provide for corrective action. Some of those initiatives are as follows: .i Creation of the following committees: · Fire Alarms; · Fire Sprinklers; and · CBIA officials. Other groups with whom informaUon gathering meetings were set up include Fire Inspectors and Fire Marshals. The focus of these committees and groups is to identify the. issues that impact them and to work with others concerned to remedy the situation. Major issues that have been brought up to date include blueprint review time and clarity of the code requirements. The CBIA committee is discussing the blueprint review issue. To date, the analysis has indicated that there has been a significant increase in the number of permit applications being processed (31% increase over last year) with no increase in manpower. This was coupled with staff turnover that occurred concurrently with the increase in transportation impact fees and the application rush. However, the Building Department has approximately doubled its plan review staff to handle this increase. Therefore, it has been recognized that additional staff is required. Advertising for new positions has been completed and we are nearing the interview stage to hire one new plan reviewer. The new staff member will hopefully be on board within the next month. On the inspection side the fire districts are averaging between one and one-half days turnaround time on requests for inspections. The building industry representatives on the CBIA Committee have indicated what level of service they would like to see, i.e., a percentage of first reviews performed within a specific time frame and a percentage of revisions to be reviewed within two days. The Fire Code Official's Office is in the process of determining what it would cost for that level of service. This information is tentatively scheduled to be presented to the CBIA committee on July 6. This will provide a starting point for determining if and how much of an increase in plan review fees would be necessary to provide a level of service acceptable to the building industry. Please note that the building industry will be determining the acceptable level of service and would be well aware of what that level of service would cost, in effect endorsing any increase in fees they would pay. The other committees have listed a number if issues of concern to them which are in the process of being resolved. Among the proposed resolutions is a permit submittal requirement check sheet for each type of permit review. It is recognized that if the correct information is submitted in a consistent format, the review process will be more efficient and complete. Another area of concern under review by the Utilities Sub-Committee of the Development Services Advisory Committee, at the urging of the Fire Code Official's Office, deals with the inconsistencies in the Land Development Code, Utilities Code, and NFPA 1141, all adopted by Collier County. It is the desire of the Fire Code Official's Office to consolidate all the fire-related requirements within these documents into one ordinance for ease of use and interpretation. There has been open dialogue between the Fire Code Official's Office and the Building Official's Office. This is a must if these agencies are to work together to achieve a common goal of providing a safe environment within which our citizens can live, work, and recreate. We know that there are numerous areas in which we can all improve. We are committed to re- evaluate on a continual basis, and evolve as is necessary, to provide those we serve the best POssible service in a non-adversarial environment. xc: Thomas W. Olliff, County Manager Edward S. Perico, Building Review and Permitting Director Attachments AUG 0 1 2000 ANALYSIS OF TIME A PLAN IS IN OUR OFFICE DURING THE REVIEW PROCESS This report is based on information in the report log of Robert Salvaggio. This report does NOT indicate the total time an application is in the "TOTAL" review process, which would include building department review times. However we are attempting to show the how long it takes an application to go through the fire plan review process. The following is a breakdown of information for two random months. One before the increase in impact fees and one after the increase in impact fees. February, 2000 Total Reviews - 338 Average number of days from login to fire plan review to review by fire plan review., 3.75 Working days. Same day reviews 3 days or less 5 days or less (1 week) 10 days or less (2weeks) Over 10 days 101 29.8% 201 62.1% 238 7O.4% 334 98.8% 4 1.18% Longest time logged out to fire plan review 15 days May, 2000 Total Reviews - 416 ' Average number of days from lo~n to fire plan review to review by fire plan review. - 4.61 Working days. Same day reviews 75 18% 3 days or less 178 42.8% -5 days or less (1 week)252 60% 10 days or less (2 weeks)405 97.4% Over 10 days 11 2.6% Longest time logged out to fire plan review 12 days. Although the review times are acceptable, the May figures were only attainable with considerable overtime. AUG o 1 zooo ANALYSIS OF TIME A PLAN IS IN OUR OFFICE DURING THE REVIEW PROCESS This report is based on information in the report log of Robert Salvaggio. This report does NOT indicate the total time an application is in the "TOTAL" review process, which would include building department review times. However we are attempting to show how long it takes an application to go through the fire plan review process. The following is a breakdown of information for June, 2000. Total Reviews - 458 Average number of days from login to fire plan review to review by fire plan review. To review by fie plan review - 10.09 working days Same day reviews 3 days or less 5 days or less (1 Week) 10 days or less (2 Weeks) 15 days or less (3 Weeks) 20 days or less (4 Weeks) 25 days or less (5 Weeks) 30 days or less (6 Weeks) More than 30 days 60 13% 144 31% 184 40% 269 58.7% 336 73.4% 378 82.5% 409 89.3% 438 95.6% 20 4.4% Longest time logged out to fire plan review is 37 days. 2000 EXECUTIVE SUMMARY Amendment To The Impact Fee Update Agreement with Tindale-Oliver and Associates, Inc.( No. 98-2843) OBJECTIVE: To have the Board of County Commissioners approve an amendment to the current contract with Tindale-Oliver and Associates, lnc. to add additional tasks. CONSIDERATION: The proposed Amendment, per the attached amendment, is for representatives of Tindale- Oliver and Associates, Inc. to perform additional duties including a review of current impact fee administrative processes; impact fee collection procedures; and to participate as a member of the Team Management Analysis group that will critique said processes and procedures. The team appproach is an initiative of The County Manager. Additional members would be comprised of the consultant, the Impact Fee Coordinator, and any other staff that has a direct role with impact fees. The concept allows for the members to view the processes from different perspectives based on their different responsibilities. This concept was approved by the Board of County Commissioners on June 13, 2000, (Agenda Item 8 G 2). Based on the review and documentation of the current processes, the consultant will summarize its findings and prepare recommendations for consideration by the other team members and County Administration. Recommendations will then be incorporated, as appropriate, into a comprehensive administrative manual. FISCAL IMPACT: The original contract was $107,094, the first amendment was for $99,485, and the proposed second amendment is for $10,332. The revised total cost for the study i s $216, 911. Fund are available in the Transportation (331-339), Library (355), EMS (350), Parks (345,365,368), Water(411) and Sewer(413) Impact Fee Trust Accounts Reserves (9190 I0). Funds for the original Agreement were transferred to the applicable expense budget line items via Budget Transfers. Budget Amendments for the additional fees in the amount of $738 (14 funds X $738= $10,332 ) from each of the foregoing funds will be required. GROWTH MANAGEMENT IMPACT: This project will provide an explicit basis for funding the Planned Capital Improvement Element of the Growth Management Plan. AUG o 1 2000 RECOMMENDATION: That the Board of County Commissioners approve Amendment No.2 to the Tindale-Oliver and Associates, Inc. Agreement by adding additional tasks for the review of current impact fee administrative processes. "" ~')'~~:Date % ~ SUBMITTED BY: ) ' : ¢ ) ~~~indall, impact Fee Coordinator if/:~1 . , l't"' ~" - v v Vincent A. Caut~ero, MCP, Administ~tor Community Development & Environmental Se~ices Division AUG 0 1 2000 EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS REQUEST THE CLERK OF COURTS INTERNAL AUDIT SECTION CONDUCT AN AUDIT OF IMPACT FEE COLLECTION PROCEDURES OBJECTIVE: To ensure that other collection procedures outside of the recently conducted golf course impact fee collection process are sound. CONSIDERATIONS: The recent audit of the collection process for impact fees associated with golf courses and alternative impact calculations resulted in several significant findings. The process related findings have already been corrected while the actual collection of outstanding fees is on-going. l( is believed that the issues surrounding the collection of impact fees for golf course development was unique because of its horizontal type development which has no corresponding specific permit issuance and impact fee collection point. However, because of the impodance and magnitude of impact fees as a capital construction revenue source it is recommended that the collecti6n procedures be reviewed for all of the County's impact fees. It is furlher recommended that the audit be performed in a team approach with lead direction coming from the Clerk of Courts Audit Section. Additional members of the team w. ou. ld be comprised of the consultant currently engaged to amend a number of the. impact fee ordinances, and finally the new County Impact Fee Coordinator. This joint audit approach is different from others but the perspectives and different responsibilities of the suggested members would result in a more thorough and complete review. GROVVTH MANAGEMENT IMPACT: Since impact fees revenue is an integral part of the capital construction necess. ary for the County to maintain concurrency, full collection of impact fees is a critical component of the overall growth management plan system. FISCAL IMPACT: The total projected impact fee collections for FY 2000 are $27.8M. An amendment to the contract with Tindale Oliver would be required and has not been costed, as conceptual approval by the Board of this effort was desired before any staff time was spent on negotiation of an amendment. An amendment would be brought back for final approval. , : RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS, authorize a .request of the Clerk of Courts Internal Audit Section to lead an audit team and conduct an audit for the' collection procedures of the County's full complement of impact fees. Prepared by: '--'~I ~.~"~L.0 Tho~na~ W.'~0-11'rff';~nty Manager AUG 0 1 2000 EXHIBIT A-2 Contract Amendment to 98-2843 "Impact Fee Study for Library, EMS and Transportation Systems" This amendment, dated ,2000 to the referenced agreement shall be by and between the parties to the original agreement, Tindale-Oliver and Associates, Inc.(to be referred to as "Contractor") and Collier County, Florida, (to be referred to as "O,amer"). Statement of Understanding RE: Contract # 98-2843 "Impact Fee Study for Library, EMS and Transportation Systems" In order to continue the services provided for in the original Contract document referenced above, the Contractor agrees to amend the above referenced Contract as per Attachment "A2-A" attached to this Amendment and incorporated herein by reference. The Contractor agrees that this amends the original Contract and that the Contractor agrees to complete said services in the amount of ten thousand three hundred and thirty two dollars ($10,332) as per Exhibit "A2-A". " All other terms and conditions of the agreement shall remain in force. IN WITNESS WHEREOF, the Contractor and the CounB' have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date(s) indicated below. CONSULTANT ATTEST: Corporate SecretaN/Witness Tindale-Oliver and Associates, Inc. By: By: Dated: Title: Dated: ATTEST: Dwight E. Brock, Clerk CORPORATE SEAL OWNER: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Chairman Approved as to form and Legal sufficiency: Assistant County Attorney 06/dS/00 10:22 ~'813 226 2106 TINgALE OLIYER ~]002/004 To: Phil T'mdatl, Impact Fee Coordinator, Collier County ~_._/j~ . From: Robert P. Waltace, P.E., AICP, V'ice President, Trodale-Oliver and Associates,~~//'"" CC: Steven A. 1-1ndale, P.E., AICP, President. TmdaleqDliver and Associates, Inc/~ Date: June 5, 2000 Review of Current [mpac~ Fee Administration Processes Pursuant to our discussions on Fdday, June 2, 2000,T~ndale-Oliver and Associates is pleased to submit the followincj scope of services and buckjet to review the current Collier County impact fee administrative processes. Below is the scope of services. Scope of Services Pdor to the Consultant meeting with the Collier County Impact Fee Coordinator, copies of all existing forms and documentation, as available, used to administer the Collier County Impact Fee Program will be fon~rded to the Consultant. The Consultant will review existing forms ~-~ and documentation. One tdp to Collier County w~l be made by the Consultant to interviewS___. County representatives responsible for administering t~e Impact Fee Program. It'is anticipated that this~nterview process will occur over a two day pedod. The Impact Fee Coordinator will s~ule consultant interviews with appropriate staff member~ during this two day pedod. '~)l'he Consultant will document the current process through summary narrative and flow charts. Based on the review and documentation of the current impact fee processes, the consultant will summarize its findings and prepare recommendations for consideration by the Impact Fee Coordinator and County Administration. One meeting will occur with the Impact Fee Coordinator and County Administration to discuss findings and recommendations. Recommendations resulting from this meeting will then be incorporated, as appropriate, into the Admin'~b-ative Manual being prepared under a separate work order. 7-tndale-Oliver ar~ Associates June 5. 2000 1 t% 77/VDALE~WEO107"'JOSAB ud~e~ muiew curmnf if p~ce,~,~es. doc Collier County Revfew Exis~ng Impact Fee Admi~ AUG 0 1 2O00 uv/uv/uu lu:Z~ '~'513 226 2106 'FINDALE OLIVER ~003/004 Budget and Schedule The cost for the above services, based on our current contract houdy rates, is $10,332. A detail manhour breakdown of the budget is included in Attachment A. These seryices can be completed with 30 days of receiving wdtten n~ce to proceed. T~nda/~ and Jurm 5, 2000 2 :, , ~-',: :~-':'-".~ ..-. AUG. 0 1 2000 9~Z 9ZZ CT~, AUG 0 1' 201, EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS DIRECT STAFF TO SOLICIT PROPOSALS FOR CONTRACT MANAGER SERVICES FOR THE PELICAN BAY SERVICES DIVISION OBJECTIVE: To obtain Board direction regarding the Agreement for Contract Manager Services for the Pelican Bay Services Division. CONSIDERATIONS: The firm of Severn Trent Environmental Services, Inc. has been providing the requisite services for the Pelican Bay Services Division since 1992. On June 7, 2000 the Pelican Bay Services Division Advisory Committee reviewed and recommended the renewal of the Contract Manager Services Agreement with Severn Trent Environmental Services, Inc. with a fee arrangement of $48,000 for Fiscal Year 2001. The motion was approved by a vote of five to three. The County's policy regarding annual contracts for services, which this Agreement would fall under, allows for an option to renew for a second and third year. After the third year, the Board must waive the rule of the three-year standard. In this case, the waiver has been requested of the Board for several previous years. Accordingly, staff is recommending that Contract Manager Services for Pelican Bay Services Division be put out for formal competition. FISCAL IMPACT: None GROVVTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners direct staff to solicit competitive proposals for Contract Manager Services for Pelican Bay Services Division and to extend the current Agreement with Severn Trent Environmental Services, Inc. for an additional sixty day period. PREPARED BY: _.(~ ,~j~.'.,:. ~, .. ~j ~¢./~. ?_j. )DATE: 7/ ' ~ ,.2 Gwen Butler Interim Purchasing Director APPROVED BY: DATE: /~] ¢ D: Michael A. McNees, Interim Administrator Tran~poAation Division AGENDA ITEM EXECUTIVE SUMMARY ADOPT A RESOLUTION AUTHORIZING THE ACQUISITION BY CONDEMNATION OF NON-EXCLUSIVE, PERPETUAL SIDEWALK, LANDSCAPE AND MAINTENANCE INTERESTS BY EASEMENT FOR THE CONSTRUCTION OF IMPROVEMENTS FOR THE VANDERBILT BEACH ROAD SIDEWALK RELOCATION AND LANDSCAPING PROJECT BETWEEN HAMMOCK OAK DRIVE AND US-41 (TAMIAMI TRAIL NORTH), Project 67021, CIE NO. 23. OBJECTIVE: To adopt a Resolution to acquire by condemnation of perpetual, non-exclusive, sidewalk, landscape and maintenance interests by easement required to complete the Vanderbilt Beach Road Sidewalk Relocation and Landscaping Project between Hammock Oak Drive and US-41 (Tamiami Trail North), Project 67021, CIE No. 23, (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. 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. World Bank (Parcel 100) and Inn at Pelican Bay (Parcels 102, 103 and 104) have donated the required Sidewalk and Landscape Easements for the project. However, staff has been unable to obtain the necessary release documents required to clear title. As a result, it is the opinion of the County Attorney's Office these parcels should be included in the Condemnation Resolution to obtain those interests necessary to clear title. 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 $57,059.00, 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. Funds in the amount of $57,059.00 are available in Fund 313. A budget amendment is needed to transfer $57,059.00 from Gas Tax Reserves and appropriate in the project. Source of funds are Gas Tax. _ A',;j O1 2OOO GROWTH MANAGEMENT IMPACT: As a Capital Improvement Element project, recommendation is consistent with the County's Growth Management Plan for CIE #23. RECOMMENDATION: That the Board of County Commissioners: the (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; and (2) Adopt the attached Resolution authorizing the acquisition by condemnation the non- exclusive, perpetual sidewalk, landscape and maintenance interests by easement required to complete the Vanderbilt Beach Road Sidewalk Relocation and Landscaping Project between Hammock Oak Drive and US-41 (Tamiami Trail North); and (3) Authorize the Chairman to execute the attached Resolution; and (4) Approve any and all necessary budget amendments. SUBMITTED BY: '"' _ Ton -' pe ' - Real Property Management Department REVIEWED BY: ,~ __~ .~4]r( y:, '~-z-~ DATE: Richard J. Hellriegel, P.E., St. Projec~ Manager Transpo .rtation Engineeri~/~an~struction Management Department DATE: , Edward J. Kant, · Transportation P0~tions Department APPROVED BY: /;/~' /~"-: t:':/~ ~;.'"i _ -._ DATE: Mik cNees, Interim Admimstrator Tra portation Division AG F_~ D~ ITEM No, ~ ~,'~'- 0 1 000 AGENDAITEM :;z- .. 2'300 Pg. ~ RESOLUTION NO. 2000 - A RESOLUTION AUTHORIZING THE ACQUISITION OF LAND BY CONDEMNATION OF NON-EXCLUSIVE, PERPETUAL SIDEWALK, LANDSCAPE AND MAINTENANCE INTERESTS BY EASEMENT FOR THE VANDERBILT BEACH ROAD SIDEWALK RELOCATION AND LANDSCAPING PROJECT BETWEEN HAMMOCK OAK DRIVE AND US-41 (TAMIAMI TRAIL NORTH), CIE NO. 23. 6 7 8 9 10 11 12 13 14 ]5 WHEREAS, the Board of County Commissioners (Board), on February 23, 1999, adopted 16 Ordinance No. 99-14 therein establishing the 1999 (Eighth Annual Update and Amendment) Capital 17 Improvement Element of the Growth Management Plan in order to establish priorities for the design, 18 acquisition and construction of the various capital improvement projects. The Transportation Element of 19 the County's Comprehensive Plan was adopted in Ordinance No. 99-13; and 20 WHEREAS, the improvements to Vanderbilt Beach Road Sidewalk Relocation and Landscaping 21 Project between Hammock Oak Drive and US-41 (Tamiami Trail North) is one of the capital 22 improvement projects required under the Transportation Element of the County's Comprehensive Plan; 23 and 24 WHEREAS, the location for construction of the proposed improvements has been fixed by survey 25 and is collectively represented by the legal descriptions comprising Exhibit "A" attached hereto and 26 incorporated herein. 27 WHEREAS, after co. nsideration of the availability of alternate routes and locations, the 28 comparative costs of project alternatives, various impacts upon the environment, long range planning 29 options, and public safety considerations, the Board desires t-o exercise its fight to condemn property for 30 public purposes. 31 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS 32 OF COLLIER COUNTY, FLORIDA, that it has been determined by the Board that the construction of 33 the improvements for Vanderbilt Beach Road Sidewalk Relocation and Landscaping Project between 34 Hammock Oak Drive and US-41 (Tamiami Trail North), (hereinafter referred to as "the Project") is 35 necessary and in the publids best interest in order to protect the health, safety and welfare of the citizens 36 of Collier County. 37 AND IT IS FURTHER RESOLVED that construction of the Project is part of the County's long 38 range planning effort, and is included in the Transportation Element of the County's Comprehensive Plan 39 for Growth Management, as approved by the Florida Department of Community Affairs. 40 AND IT IS FURTHER RESOLVED that the County Staff has reviewed alternative locations for 41 the project, various impacts to the environmental, public safety and welfare considerations associated with 42 the design and construction of the project, and the costs associated with the design, property rights 43 acquisition, and construction of the project; and the Board finds that after consideration of these issues, 44 the most feasible location for construction of the proposed improvements is collectively represented by 45 the legal descriptions comprising Exhibit "A" attached hereto and incorporated herein. 46 AND IT IS FURTHER RESOLVED that in order to construct the project as designed, it is 47 necessary for the Board to acquire the various real property interests described in Exhibit "A" to wit: 48 perpetual, non-exclusive sidewalk, landscape and maintenance interests by easement. 49 AND IT IS FURTHER RESOLVED that all property shall be put to public purposes. 5o AND IT IS FURTHER RESOLVED that the County staff is hereby authorized to immediately 51 acquire by condemnation in accordance with the provisions of Chapters 73, 74 and 127, Florida Statutes, s2 the above-referenced real property interests more particularly described in Exhibit "A", attached hereto 53 and incorporated herein. 54 AND IT IS FUq~THER RESOLVED that no mobile homes are located on the property sought to 55 be acquired and therefore it will not be necessary to remove any mobile homes from the property to be ATTEST: DWIGHT E. BROCK, CLERK __day of 2000, after motion, second BOARD OF COUNTY COMMISSION-ERS OF COLLIER COUNTY, FLORIDA By: TIMOTHY J. CONSTANTINE, CHAIRMAN 56 acquired. 57 This Resolution adopted on this 58 and majority vote. 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 Approved as to form and 77 legal sufficiency: 78 80 81 I4eidi 1~. Xshion 82 Assistant County Attorney Page 2 EXECUTIVE SUMMARY CONSULTANT'S REPORT ON THE TRAFFIC ANALYSIS FOR THE PROPOSED ALIGNMENT FOR A ROADWAY FROM RADIO ROAD TO DAVIS BOULEVARD OBJECTIVE: To present the traffic analysis and evaluation for a proposed two-lane road connecting Radio Road and Davis Boulevard between the Moon Lake and Foxfire subdivisions. CONSIDERATIONS: On March 14, 2000 the Board of County Commissioners and Tindale Oliver and Associates, Inc. (TOA) entered into an agreement to perform a traffic analysis to determine the impacts associated with constructing a roadway within Florida Power and Light's easement between the Foxfire and Moon Lake subdivisions. As a part of the analysis, and pursuant to further Board direction, alternatives to this alignment were evaluated. Tindale Oliver will present the results of that overall traffic analysis, and copies of the presentation materials xvill be provided. In addition, staff has prepared preliminary cost estimates for the two alignment options for which thetraffic analysis has been completed. These estimates have been included as Attachment 1 to this Executive Summary. FISCAL IMPACT: None at this time, pending Board action. GROWTH MANAGEMENT IMPACT: None at this time. Adjustment to the Capital Improvement Element may be made subsequent to Board action. RECOMMENDATION: That the Board of County Commissioners receive the consultant presentation and direct staff to amend the Long Range Transportation Plan appropriately to reflect the preferred alignment. Rich~trd J( t-Ieilde~fiCP~., Sen~or Project Manager Transportation Engin3ering/~art~t REVIEWED BEYSward ~ Kant, P~ ' Transportation ~'ns Department APPROVED By:/~ff/d/x, Mike McNees Interim Transportation Administrator Date: Date: '7 "5~- (fid Date:'~ -~ ~ ATTACHMENT NO. 1 TRANSPORTATION ENGINEERING AND CONSTRUCTION MANAGEMENT DEPARTMENT Prepared 7/19/00 COST ESTIMATE --MOON LAKE / FOXFIRE --AIt. A Units QD' Unit Price Total Mitigation and Permitting LS FPL Modifications LS Survey and Design LS Blowout Easement and -- LS acquisition of 10 properties (9 homes) $350,000 $350,000 $2,000,000 $2,000,000 $150,000 $150,000 5,153,575 $5,153,575 Sub-total $7,653,575 15% contigency $1,148,036 I Total $8,801,611 COST ESTIMATE--EXTEND LIVINGSTON SOUTH --AIt. B Units Qh.' Unit Price Total Mitigation and Pertaining LS 1 $172,000 Survey and Design LS 1 $150,000 Additional Items LS 1 $547,500 Golf Bridge, fill pond new pond Right-of-way acquisition and -- LS 1 $6,937,080 Maint. Bldg., (3) eight unit condos & (7) Homes Sub-total $172,000 $150,000 $547,50O $6,937,080 $7,806,580 15% contigency ITotal $1,170,987 $8,977,567I To each of the above estimates add the cost of constructing one mile of urban roadway, consisting of two 12' wide lanes with two eight foot wide pathways. Estimated cost of roadway construction is $963,700 Total Alternative A with roadway $9,765,300 Total Alternative B with roadway $9,941,300 The estimated project costs do not include any potential severance damages resulting from legal actions under either alternative A or B. No. AUG 01 2000 EXECUTIVE SUMMARY PURCHASE OF TRANSIT VEHICLES. Obiectives: Authorize tile purchase of transit vehicles to be used for lhe Collier County Deviated Fixed Route service. Considerations: The Metropolitan Planning Organization's Transit Review Advisory Committee (TRAC), Citizens Advisory Committee (CAC) and Technical Advisory Committees (TAC) met recently to recommend the type and number of transit vehicles to be purchased for use in the Collier Area Transit (CAT) System. At the time this executive summary was prepared, the TAC and CAC had not met. Staff will bring their comments to the meeting. Staff and the TRAC recommend the purchase of seven vehicles, three more than originally proposed. Grant funding for four vehicles is available now. Grant funds for the additional three will not be available until mid-October, 2000. Staff and the TRAC recommend the purchase of mid-sized (25 foot) diesel buses. Staff will have available at the meeting the cost and scheduling consequences of choosing alternate fuel sources. Vehicles purchased under an existing state contract are generally available within six months of tile order. Options for tile Board are: Order all buses immediately. This will permit an earliest possible service start date of February, 2001, but will require a loan to purchase three of the vehicles, to be reimbursed by Federal Transit Administration (FTA) grant funds in October, 2000. Order all buses in early October, when FTA grant funds will be available to order three of the seven vehicles required. This will move the earliest possible service start date to April, 2001. Fiscal Impact: A three month loan of $339,750 from the General Revenue fund. The FTA will reimburse the County in October, 2000. Growth Manaeement Impact: None. Recommendations: Staff recommends that the Board: 1. Approve the committee recommendations for transit vehicle type and authorize the purchase of all seven vehicles immediately. 2. Authorize all budget amendments required for the receipt of grant funds and for the purchase of the seven vehicles. Prepared by: Gavin Jones, P.E., AICP, I~i~rim Transportation Planning Director Approved by: Michael McNees, Transportation Administrator DateT- ff'- JD Date: 0 1 2OO0 Prepared by: David Hope, Public Transportation Manager Reviewed by': Date: Gavin Jones,' P.E., AICP, Interim Transportation Planning Director Approved by: ' ~' 7'~/' ~? '~ ? - Date:" Edward Kant, P.E., A~ing Interim Transpotation Administrator N, AGENDA IT~l~!--'-" EXECUTIVE SUMMARY APPROVE THREE (3) ADVANCE CONSTRUCTION AGREEMENTS REQUIRED TO EXPEDITE THE CONSTRUCTION OF A THIRTY (30") INCH PARALLEL SEWER FORCE MAIN ALONG IMMOKALEE ROAD, PROJECT 73943. OBJECTIVE: To obtain approval from the Board of County Commissioners (the "Board") of three (3) Advance Construction Agreements necessary to expedite the construction of certain utility improvements and facilities to complete the Board approved 30" Parallel Sewer Force Main Project to be constructed along Immokalee Road and within Creekside Commerce Center, (hereinafter referred to as "the Project"). CONSIDERATION: On May 23, 2000, 16(B)(21), the Board approved Resolution No. 2000- 146 to acquire, via gift and/or purchase, those utility easements necessary to complete the Project. On May 23, 2000, Item 8(B)(2), the Board also approved Resolution No. 2000-165 to acquire, via condemnation, those same utility easements. In order to expedite the Project even further, staff has proposed to the property owners affected by this project, and they have agreed, to execute an Advance Construction Agreement enabling the County to initiate the required construction while negotiations continue. It must be noted that the property owners, Ocean Boulevard Partnership, Ocean Boulevard Partnership II, and Creekside West, Inc., have agreed to convey the required easements. Staff has prepared the required six (6) "Agreement to Convey Easements" (copies attached). As of this date, staff is awaiting the return of the documents necessary to proceed with closing the transactions. It is anticipated that closings will occur on or before September 1, 2000; but in order to initiate the construction of the Project even further, staff is recommending the Board approve the attached Advance Construction Agreements. The "Agreement to Convey Easements" allow for the force main improvements to be constructed within each properry's current landscape buffer areas. Pursuant to the County's Project Manager, the placement of these utility easements within the landscape buffer area was previously approved with specific conditions by the Public Works Administrator. This approval is only specific to this project. FISCAL IMPACT: Agreements. The County incurs no fiscal impact by the approval of the attached GROWTH MANAGEMENT IMPACT: The 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 of County Commissioners on July 22, 1997, Items 12(C)(4) and 12(C )(5). RECOMMENDATION: That the Board of County Commissioners: 1. Approve the three (3) attached Advance Construction Agreements and authorize its Chairman to execute these agreements; Approve the six (6) "Agreements to Convey Easements", authorize its Chairman to execute the "Agreements to Convey Easements" once approved by the County Attorney's Office, and allow for those prior approvals pursuant to Resolution No. 2000-146 and Resolution No. 2000° 165 as it relates to the recording of the required documents. SUBMITTED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: C~ndy M. Er~, Real Property Specialist II Real Property Management Department Mohan V. Thampi, P.E., Project Manager Public Utilities Engineering Department / DATE: ../ DATEi/7/.//:, ~ Public Utilities Engineering Department DATE: NO. *~ AU' L) I 2uuO PC,. ~ ADVANCE CONSTRUCTION AGREEMENT THIS ADVANCE CONSTRUCTION AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between CREEKSIDE WEST, INC., a Florida corporation, whose mailing address is 2600 Golden Gate Parkway, Suite 200, Naples, Florida, 34105 (hereinafter referred to as "Owner"), and BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFIClO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT (hereinafter referred to as "County"). WHEREAS, County requires immediate access to those lands as described in Exhibit "A", attached hereto and made a part of this Agreement, (hereinafter referred to as the "Easements") for the purpose of installing a 30 inch diameter sewer force main therein; and WHEREAS, Owner and CountY have not yet concluded negotiations for the conveyance of the Easements; and WHEREAS, Owner desires to allow installation of the 30 inch diameter sewer force main to commence within the Easements at the eadiest possible time; and WHEREAS, Owner acknowledges and stipulates to the necessity for County to enter upon the Easements for the installation of the 30 inch diameter sewer force main. NOW THEREFORE, in consideration of these premises, the sum of TEN DOLLARS ($10.00), and other good and valuable considerations, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: The WHEREAS recitals, as referenced above, are incorporated as a part of this Agreement between the parties. Owner hereby grants to County the dght to use of the Easements for the purpose of installing a 30 inch diameter sewer force main, and to excavate, remove, fill, store, deposit, and/or stockpile such materials as shall be required to install the 30' inch diameter sewer force main. All construction, including but not limited to installation, shall be completed on written terms and conditions acceptable to the Owner, which shall be adhered to by the contractor and all other agents completing improvements on behalf of the County. Owner and County shall continue to negotiate in good faith for the sale and purchase of the Property. Should the Owner and County be unable to reach final' agreement upon the compensation due to the Owner in exchange for the Property within 180 calendar days from the date of execution of this Agreement by County, the County shall file a lawsuit in eminent domain to condemn the Property in accordance with the applicable provisions of Chapters 73, 74 and 127, Flodda Statutes. County shall not unreasonably interfere with ingress and egress to Owner's lands dudng the pedod of installation of the 30 inch diameter sewer force main. County shall indemnify, save, protect end hold harmless the Owner against any loss, damage, injury, debt or expense claimed or asserted by any person or entity arising out of County's installation of the 30 inch diameter sewer force main under, across and upon the Property. This Agreement does not convey a marketable title to real property. Title to the Easements shall pass upon the conveyance of propedy executed easement instruments by Owner, and the acceptance of same by County. AG£ NOA ITEM AUG 0 1 2000 Advance Construction Agreement Page 2 County's dght of entry onto the Easements is contingent upon no other provisions, conditions, or premises other than those so stated above; and this wdtten Agreement, including all exhibits attached hereto, shall constitute the entire agreement and understanding of the parties, and there are no other pdor or contemporaneous wdtten or oral agreements, undertakings, promises, warranties, or covenants not contained herein. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this ~ day of ,2000. AS TO COUNTY: ATTEST: Dwight Brock, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT By: Timothy J. Constantine, Chairman AS TO OWNER: DATED: WITNESSES: Witnes~ Witness ' ~ 7 Pdnt Name CREEKSIDE WEST, INC., a Fiori.~D~ .//,,,,,/ (Print Name and Trff'~' Approved as to form and legal sufficienc~ I Tho~n~3~ P~lme~ Assistant County Attorney SKETCH TO ACCOMPANY DESCI?_TPTION UTIUTY EASEMENTS IN CREE~D£ COMMERCE PAR~ WEST UNIT ONE; PB 29, PGS 57 58 SECTION 27, TO~ISHIP 48 SOUTH, RANGE 25 FAST, COLUER COUNTY, R.ORIDA STR;~= No. 255900013A27, CREEKSIDE ViE:ST, INC. DESIGN AND IMPLEMENTATION, OF 50-INCH PARALLEL SEWER FORCE MAil' CREEKSIDE PARKWAY .Z/--S89'17'O¢'E 13.51' (TRACT R) N 01'39'00" W 15.42' :{~ /C- p~. · ;),. %"--....' I PoB DESC Nw CNR ' S I SI[~EWALK EASEMENT ~,~ ' I 15'--~ L J EXIST 20' COUNTY UTILITY ~, ..AS..~..~T < PS 29, PGS. 57 &c 58 UTILITY ~ ~ ~ '. PARCEL: 904 FO'T]IO: 29331190644 ~ I : z STRAP No. 253900013A27 -:~ , CREEKSIDE WEST, INC. , PARENT PARCEL ',". I REMAINDER ± 0.99 Ac* REV. 1: CHANGE BOUNDARY 155_~ L OF EASEMENT, 4/28/00 ' TRACT "R' . N89'O8'11"W 15.00' --/ CREEKSIDE COMMERCE PARK WEST UNIT 2 · A~R£AGE QF ?^I~:NT pARCEL IS NET OF U,TIUTY I~,~;~:MI~T SHOWN ONLY. .. JEFFREY C. 'COONER AND ASSOCIATES, INC. ~.. ~4, 2o0,- SURVEYING AND MAPPING SCALE 1'm100 3900 COLOHIAL BOULEVARD, SUITE 2, FORT MYERS, FLORIDA 33912,m.~C'T I OF 3, AU6 o 12000 BP - BIKE PATH Bo - Bm(X;E - U UHENT NW - NNL & WASHER ~ - BOT'I'O~ OF BANK OH BC - BOX CULVERT PAVT - PAVEMENT ¢ ,- CHORD C8 ' BEARING OF CHORD PK&,W- PK NAJL & WASH~ CD~ - CHORD BEARING P - PLAT PB - PLAT BOOK Ct.F - CHAIN LINK FENCE PCP - PI~t~ENT C~TROL I~T CO - CLEA~T CONC - CONCREI~ PGS -PAGES PK - PARKER KAYLON NNL C8S - CONC. BLDCK S1UCCO PL - PROF~RTY UNE CD - C(~NCRE*I~ DRiVE'WAY PO~ - POINT OF BEGINNING C&I - C~CI~ UONUIa~T PROF - PROFE~ONAL POC., POINT OF COMMENCEMENT CW . - CCHC~ WALL PP - POt~E:R POlE CUP - C~T~ UET.,U. PIPE R - R.~US CPP - C~C.,AI~D PL~C PIPE RR - RAILROAD RAIL D - Drrn OR DELTA ANGIE I~ - RNLROAD SPIKE DO '- DIRT DRIerWAY RES "RESERVED DS - DESC~JP'fiON ROMf - RIGHT-OF-WAY DH - I~LL HOLE RCP "REiNFOrCED C~CRE~ PIPE EP - EDGE OF PAV!gdENT RGE - RANGE; F "~ OR MEASURED SMH "- SANITARY :SE1M~R MANHOLE FC - FENCE CDI~IER SSP R'I "~ H'I13RANT FDOT - FL. DEPT. OF TRANSP~T SW - SIDEWALK FP&L - FLORIDA POWER AND UGHT Sl - SIGN GOVT - GOVERNMENT T - TANGENT GO - GRAW:L DRIVE 11. - 1RAFlqG UGHT C~TROL BOX GS ".GROUND SHOT ~ - Tla r'PHONE Pa..E GW - GUY ~ T~8 - TOP OFBANK HW - HEADWAL~ INV .. IN~I~T TYP - TYPICAL IR - IRON RCO UTV - UNDID T.V. BOX I~C "~ E(X3&CAp tim - WATI~ KSY - KI~ Si:'I~.OHE~ YASI<iN - LAND StJ~VEYC~ ,, .FFREY C. A, ATES, INC. ' ( ) 77 0722 FAX: (94'1)277--717~ EMNI.: SURVEYOR CO0~ER. COM EXHIBIT Page.._~_.of ~ + - uo~ OR 1. THIS SKETCH IS NOT A SURVEY. NOR IS IT VALID WITHOUT THE ATTACHED DESCRIPTION. 3. MONUMENTS SHOWN IM~RE LOCATED DURING FIELD SURVEYS EXECUTED BY THIS FiRM FROM 9-30-98 TO 10-14.-99 4. INSTRUMENTS REFERENCE~ ARE OF COLLIER COUNTY RECORDS. 5. BEARING BAS~S IS FOR THE NORTH UNE OF THE NW/,I. OF SECTION 27 TO BEAR $89'0,1.'05"E. 6. THE LOTS, TRACTS AND STREETS SHOWN FOR CREEKSIDE COMMERCE PARK, UNIT TWO ARE FROM DIGITAL CADD FILES FROM JOHNSON ENGINEERING, INC. OCT 14, lggg AU6 0 1200B '- '~ DESCRIPTION -~: :;' ~ UTILITY EASEMENT ~gT O, C~E~IDE COERCE P~ ~ST-~T O~ 8~ NO. 253900013~7, C~E~IDE ~ST, ~C. A trot or :~l.~f~,for a ut~ e~m l~g ~ T~t O, Cr=o~i& Co~rc~ P~k Wc~-U~t p~; ~ho~ on pNt record~ ~ PNt Book 29, P~es 57 ~ 58, Co~er ~tm~ Re~r~,,~fi~ 27, To~Np 48 Sou~ ~ge 25 ~t, ~er Co~, ~g morepmi-:~Jy ~n~ ~ fo~ows: Berg ~ ~e no~h~ comer~of~id T~t O m S 89° 17' 04" E ~ong the ~u~ ~e ofCree~ide P~ {Tract R) ~ sho~ on s~d pNt for 13.51 f~t; ~ence m S ~= 22' 18" E far 89~71 ~t to ~ Nter~tion ~th a ~ p~el ~th ~d 20 f~t we~erly 50m (~ m~ on a peteMien) the e~ ~e of~d T~t O ~Ng the we~ ~ of~ e. ~ Co~ Ut~ Sidew~ E~e~nt (20 feet ~de); thence S 00° 32' 27" W ~0Og s~d' ~e for 595.95 feet to the somh ~ of~d Trot O; the~e m N 89° 68' 117:'. W~of~ ~uth ~e for 15.00 f~t to a ~e p~el ~ ~d 35 feet westerly ~om (~m:~ off a ~e~eu~) ~ e~ ~e of ~d T~t O; then~ mN 00° 32' 27" E for ~2.58 f~et; thence mN 44° 22' 18" W for 86.76 feet to ~e west ~e of~d Tract ~ ~g ~o the w~ ~e ofs~d record plat; ~ence m N 01° 39' 00" W ~ong s~d ~ ~e for 15.42 feet to ~e Po~t of Begs. Cont~g 10,708 ~e ~t mor~ or less or 0.25 ~res more or less. Bergs ~re~ve :~n~oned 1/4) of Section 27 to ~ S 89° 04' 03" E. Profession~J Lantl Sm-ve~'~ Florida Cerfifieai'e No. ~;052 (For the Firm: LB 6773)~ ' Revision: 4/28/00 Sheet 3 of 3 AUG 0 1 20OO PG. DESIGN AND IMPLEMENTATION OF 30-iNCH lOMMERCE UNIT TWO PARALLEL SEWER FORCE CREEKSIDE PARK WEST UTILITY EASEMENT STRAP No. 4825270171 0003A27 CREEKSIDE NEST, INC. PARENT PARCEL REMAINDER J:: .3.02 Ac* MAIN ..... r-S 04~3'19' E 20.10' \ ~ ~ Project~ ~3943 TRACT '~o / POC D£SC ~ ~| ~ Folio. 00%68042 PROPO~D CREWSIDE BOU~ARD ( XCT O4 DESIGN AND IIdPLEIdENTATION OF 58.=INCH PARALLEL SEWER CD - OOIIQLr/E I:II~I'~11AY':~... :~ .k~l FORCE MAIN 1, 'rills SKETCH IS NOT ^ SURVEY, NOR I:~:.IT VN. ID MTHOUT THE ATI'ACHED DESCRIPTION. 3. MONUMENTS SHO'Mq WERE LOCATED DURING. FIELD SURVEYS EXECUTED BY '!HIS RRM FROId 9-30-.~8 TO 10-14.--~ .5. BEARING BASIS IS FOR THE NORTH UNE OF '!1-tE NW/4: OF SECTION 27 TO BEAR S89'04.'03'F_.. 6. '!l-lE. LOTS, TRACTS AND S*TREETS SHOWN FOR CREEKSIDE COI~ERCE: PARK. UNIT TWO ARE FROM 'DIGITAL CADD FILES FROM dOHNSON. ENGINEERING,~ INC. · 'JEFFREY C. OOONER?AND ASSOOA'IES, INC. ocr vk- , I ~ ~ BCXJLE'V~ SUnF,.,a. FOre' u'm~. FU3m~A 33m,2 ~,~ 2 I I~ (~4,1)277--0722 FAX= (~41)277--717~ EMAI.; ~ 0-~=,~ PROPOSED TRACT 02, CRF2/KSIDE COMMI~CE PAI~ WEST-UNIT TWO STRAP NO. 482~27017.0003A27, CRLTI~iMD£ WEST, INC. A tract or psrc~l o~l~ud for ~ utilily ~me~ lying ~ ~opo~ T~ O~ Cr~ Co~ ~ W~s-U~ ~, S~a 27, To~p 48 So~ ~ 25 ~ C~ Co~, Flodds ~g ~ p~l~ ~b~ ~s ~o~: ~~ce ~ ~e m~ ~ ofT~ ~, CrUde ~mm~ P~ W~t O~ ~ a~ on p~t ~rd~ in PI~ B~k 29, ~ 57 ~ 58 of~ p~lic r~r~ of Colli~ C~, ~o~ ~ ~ N ~o 53' 19" W ~ ~ ~ ~n m ~ T~ ~ ~ pm~sM T~ O2 ~r 10.05 ~ m ~ i~~on ~ ~ ~ ~ ~a pro~s~ ~ ~em~ (10 f~ ~de) ~ sho~ ~ s~ pro~s~ ~at ~ ~ Poim of From ~d'Poi~ ofB~g mn S 89° 08' 11" E ~o~ ~ no~ ~a ofs~d pro~ ~~ for 174.37 ~ m a ~t ~~ of ~d ~~ &~ ~ ~~y, ~y ~ ~~y ~ng ~ ~ line of md ~~ ~ ~ ~c ofa ~e m ~ 1~ ofr~ 15.~ fm (d~ 95~ 45' 08") (c~d ~.25 ~) (~ b~8 N 42° 59' 15" E) ~r 25.07 ~ m a ~ of~~ ~e~ ~ N ~o 53' 1~' W ~ a west~y 1~ of~d pro~ ~~ ~r 3.51 ~ m ~ ~~n ~ a li~ 30 ~ ~~ ~om (~ ~ on a ~~~) ~ ~ ~ ~ m~ ~eof~d pm~ T~ 02; ~ ~ N 8~ 08' I I" W ~r 1~.~ ~ m m ~t~on ~ ~d ~n ~e m ~d T~ O2 ~ s~d T~ ~; t~ ~ S ~o 53' 19" E for 20.10 ~ m ~ Po~ of B~. Containin~ 3,758 quare ~et mor~ or less or 0.09 aorta more or l~ss. Be~trin~s h~r~ove mentioned assumes tl~ north ~ne of the northwest quarter (NW- 1/4) nfS~tion 27 to b~ S 89' 04' 03" E. Je _~t.~y C. Coonet ~onal Land S~ Florid~ C~'ti~te No. 4052 (For tim Firzn: LB ~77~) AUG 0 1 2000 ~. /~ , DESIGN AND IIdPLEkIENTATION OF 30-INCH PARALLEL SEWER FORCE MAIN PROPOSED LOT 11 482527018.0005A 27 CREEKSIDE WEST, INC. PARENT PARCEL Project: 73943 Parcel: 900 REMAINDER + 8.74 Ac* Folio: 00167920007 ~. 0oi~so<)z?_Dl PROPOSED TRACT 03 CREEKSIDE COMMERCE PARK WEST - UNiT TWO PB 29, PGS. 57 & 58 UTILITY EASEMENT o o ..] ,t *ACREAGE OF PARENT PN~CEL m ~ OF UTIUTY E,~Sm~T ~o~ ONL~ , , , ,, ~ C. COONER AND' A~OClATE~ INC.,,~. ~. ~oool DESIGN AND IMP~MENTATION OF 30-iNCH PA~L S~ER FORCE ~IN 1. ~ ~ IS NOT A ~R~. ~ IS IT V~D M~T ~E A~A~ ~S~P~. ~~ TO 1~1~ ~ B~NG B~S IS F~ ~E N~ UNE OF ~E NW/4 ~ ~C~ 27 TO B~ S~'O~'O~t 8. ~~ ~C~ ~O ~~ ~0~ FOR ~~ ~M~ P~. UMT ~ ~E PROPOSED TRACT 03, CREEKSIDE COIVlMrmcF_ PARK WEST-UNIT TWO STRAP NO. 482527018.0003A27, CI~F-~SIDE WI~ST, INC. A tract or parcel of land for a ,~l_ity easameat lying in proposed Tract 03, Cr~k~o Commerce Park West-Unit Two, .Section 27, Township 48 South, RzuBo 25 Fast, Collier C~_~, Florida being more particularly d~sm'bed u follows: Commence at th~ s~tghedymos~ point of curvature for proposed Creelaide Boulevard (Trs~t R) on the west 11,~ of Goodl~to-Frank Road (C.R. S51) said peint of~urvature being also on the easterly line of said Tn~t 03 run nortkwesterly alonl~ the ~ northeasterly line of said Tract 03 on aa arc of a curve to the leit of radius 35.00 feet (delta 45' 35' 05") (chord 27.12 feet) (chord bearing N 27° 40' 31" W) for 27.85 fi~ to an interse~on with the south line of a proposed ~_~1ity easemoat (10 feet wide) and the Point of Besinning. From said Point of Boginnins run S 85° 07' 02' W ~1ons the south line of said easement for 348.78 f~ m a poim of curvamp', thea~ c, on_Hm_~e dons the south line of said ~em~-nt oa an arc of ~ ~rvo to th~ ri~t ofradius 11811.00 feet (delta 01° 29' 15") (chord 30. S4 f~t) (chord bearins N 85° 51' 39' E) for 30.84 feet; theac~ nm$ 49° 52' 58" E for 28.79 ~ to an interscion with a line 30 f~ somberly from (as measured on a perpendi~lar) and paraflel with the line ~mmnn m said proposed Tra~s 03 and R; ~ nm easterly along said parallel line oa an arc of a curve to the Iott of radius 120S.00 fret (data 00 29' ~0") (~hord 10.4S fi~) (chord I~arins N ~° 21' ~7" E) for 10.48 meet to [ poim of talley;, thence rlm N ~5° 07' 02" E alon~ said parallel line far 355.93 meet to said ogved northeasterly line of Tra~ 03; theac~ run alon~ said ogved line on an ar~: of a ran"re to the leR ofradius 35.00 meet (delta 37° 22' 17') (chord 22.43 feet) (chord bearins N 31° 46' 54' VO for 22.83 fzet to the Point of Besindng. Containing 7,517 tquar~ ft~t moro or I~as or O. 17 acres morn or leas. Beari~s hnroinabove mentinned assumes tho north !in~ ortho northwest quarto' (NW- 1/4) of ScL-tion 27 to b~ S 89° 04' 03" F.. Pmfemonai Land Surveyor Flodda Certiitcam No. 4052 (For tim Ira'm: LB 6'773) I AUG 0 12000 ADVANCE CONSTRUCTION AGREEMENT THIS ADVANCE CONSTRUCTION AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between OCEAN BOULEVARD PARTNERSHIP, a Florida general partnership, whose mailing address is 2600 Golden Gate Parkway, Suite 200, Naples, Florida, 34105 (hereinafter referred to as "Owner"), and 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 (hereinafter referred to as "County"). WHEREAS, County requires immediate access to those lands as described in Exhibit "A", attached hereto and made a part of this Agreement, (hereinafter referred to as the "Easements") for the purpose of installing a 30 inch diameter sewer force main therein; and WHEREAS, Owner and County have not yet concluded negotiations for the conveyance of the Easements; and WHEREAS, Owner desires to allow installation of the 30 inch diameter sewer force main to commence within the Easements at the eadiest possible time; and WHEREAS, Owner acknowledges and stipulates to the necessity for County to enter upon the Easements for the installation of the 30 inch diameter sewer force main. NOW THEREFORE, in consideration of these premises, the sum of TEN DOLLARS ($10.00), and other good and valuable considerations, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: The WHEREAS recitals, as referenced above, are incorporated as a part of this Agreement between the parties. Owner hereby grants to County the right to use of the Easements for the purpose of installing a 30 inch diameter sewer force main, and to excavate, remove, store, deposit, and/or stockpile such materials as shall be required to install the 30 inch diameter sewer force main. All construction, including but not limited to installation, shall be completed on written terms and conditions acceptable to the Owner, which shall be adhered to by the contractor and all other agents completing improvements on behalf of the County. Owner and County shall continue to negotiate in good faith for the sale and purchase of the Prope .r~y. Should the Owner and County be unable to reach final agreement upon the compensation due to the Owner in exchange for the Property within 180 calendar days from the date of execution of this Agreement by County, the County shall file a lawsuit in eminent domain to condemn the Property in accordance with the applicable provisions of Chapters 73, 74 and 127, Florida Statutes. County shall not unreasonably Interfere with ingress and egress to Owner's lands during the period of installation of the 30 inch diameter sewer force main. County shall indemnify, save, protect and hold harmless the Owner against any loss, damage, injury, debt or expense claimed or asserted by any person or entity adsing out of County's' installation of the 30 Inch diameter sewer force main under, across and upon the Property, This Agreement does not convey a marketable title to real property. Title to the Easements shall pass upon the conveyance of properly executed easement Instruments by Owner, and the acceptance of same by County. AUG Advance Construction Agreement Page 2 this County's right of entry onto the Easements is contingent upon no other provisions, conditions, or premises other than those so stated above; and this written Agreement, including all exhibits attached hereto, shall constitute the entire agreement and understanding of the parties, and there are no other pdor or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on __ day of 2000. AS TO COUNTY: ATTEST: Dwight Brock, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT By: Timothy J. Constantine, Chairman AS TO OWNER: WITNESSES: Wit~-- Pa ame ,.j ' witness (j/ i Pdnt Name Pant Name Pdnt Name ,~-fi~t C. Sproul, as a '15a~er, andas Attorney in Fact and Administrative Agent for the Partnership Approved as to form and legal sufficien~;~ l Tho~3,~ ~lmd~' Assistant County Attorney UNES' L~NGTH L1 7.02 N45'~..~'5 1_2 28,06iN45~,~'~,1 L3 20.00'S00~2'33' L4 81.11 L5 ~-~00 S~'57~ ~6 L10 ~,~ N89~'03% L7 Ul ~.~ N00~5'57'~ La 101.42 L12 L13~,~ SKETCH TO ACCOl~P~ DESC~ONS UTIUTY & TEMPORARY CONS"q~UCTiON F_.ASE~ ALONG IMMOKALEE RD L~/ ~.RTH. N~ OF NW/4 SECq]ON 27~ _~c,, ~,~ ~ .....~ - ' - -,~ s~ i~ UT~n~T~ ~ Ex~mrr ~~"~ ~ARI OF 1~ z5 E '~T 'ARCELi 3~ Ac ~EMAINS. ~ [ +~_ _ _ DETAIL 1": 20' Project: · ACREAGE NET OF PERNANENT Parcei: UTILITY EAS~:~ENT DNLY zoiio: 73943 90~701/702 00167800004 COONER AND ASSOCIATE~ INC,. OCT 14, lggg SCAL~ 1" == 200' 3gO0 CC]LC~IAL BOULEVARD, surl~ 2, FORT U'/E:~ FLORIDA 33912 r ~r~-~-'~'-"~_2 1 / SKETCH TO ACCOMPANY DESC~0N I. rrlU3~ & *IE]dPCIRARY CONSTRUC*~ON ~EN*~ ALONG IMMOK~! 1~ RD SECTION 27, TOI~ISHIP 48 SOUTH, RNqGE 25 EAST, COI..LIi~ COUNTY, FLORIDA ASPH - ASF~iALT MH = MANHQ.E B - BEARING OF C~1ORD MB -, METER BOX ma -BENCHMARK lION = MClNUMENT lip - BIKE PA'11.I ~ -- NNL & WASHER BG .- BRIDGE OH -- OVE~"IEAD MRE BI..DG- BtJII. DING PAVI'- PAVEMENT ~B - ~TC~ BASIN P - PLAT cw - (:X:XdCRETE WALL *' R - RADIUS CPP - C~RRtJC.~3'ED PLASTIC PIPERRS ,= ENI.EOAD D - ~ OR DELTA AN~LE I~ - DIRT ~AY F - FIELD ~R I~.ASURE~ ~P FDOT- FL. DEPT. OF' TRANSP(3RT Si - ~gGN FND - FOJND T - TANGENT GDR - GtJ.~R~tNL ~ - TOP OF BANK HW - H~U3WALL TYP - TYPICAL INV -.IN~:R'r UG -, UNDEi~ROUND IPaC- ~ PIPE & GAP UTV - ~ T.¥. BOX L - LENG~ 'M:) LP - UGHT POLE & - DELTA ANGLE: 1. THIS SKETCH IS NOT A SURVEY. NOR IS IT VALID WITHOUT TI-IE ATTACHED DESCRIPTION. 2. MONUMENTS SHOWN WERE LOCATED DURING FIFI r~ SURVEYS EXECUTED BY THIS FIRM FROM 9-50-98 TO 10-14--99. 5. INSTRUMENTS REFERENCED ARE OF' COLLIER COUNTY RECORDS. 4,. BEARING BASIS IS FOR THE NORTH MNE OF THE NW/4- OF SECTION 27 TO BEAR S89'04'03"E. ~ JEFFREY C. COONER AND ASSOCIATES, INC.OCT 14, 191 · SURVEYING AgO MAPPtHG I 3gO0 COLONIAL BOULEVARD, SUI'IE 2, FORT MYER~ FLORIDA 33912 l PHONE: (941)277--0722 FAX: (941)277-7179 EMAIL: StJRVEY~CO~ ~1:'1.~1~2~T 2 ; AUb U 1 ZUUU [ ........... '' ' /7 DESCRIPTION UTILrrYEASEMENT- 'i-~,reel qol STRAP NO. 482527001.0013A27, OCEAN BOULEVARD PAR~ A 20 foot wide tract or parcel of land for a utility easement lying in Section 27, Township 48 South, Ran~ 25 East, Collier County, Florida being more particularly described as follows: From the northwest corner of said Section 27, Township 48 Sot~__h~ Range 25 East, Collier County, Florida run S 00° 02' 33" W alon~ the west line of said Section 27 and the east line of Tamiami Trail (S.R. 45) for .125.02 feet to the south line oflmmokalee Road (C.R. 846); thence *long said south line N 45' 28' 5Y' E for 7.02 feet to the Point of Beginni . From said Point of Beginning continue *lon~ said southerly line the following courses and distances: N 45° 28' 51" E for 28.06 feet, S 89° 04' 03" E for 573.46 feet; S 86° 12' 18" E for 500.61 feet, S 89° 04' 03" E for 147.09 feet to a westerly line of lands described in insm~ment recorded in Offici*l Record Book 200~ beginning at Pa~e 1565 of the Public Records of Collier Count, Florid~ thence run S 00° 02' 33" W ,long said westerly line for 20.00 feet to an intersection with a line parallel with and 20 feet southerly of(as measured on a perp~dlcular) said south line of]mmokaiee Road; ~ence run the following courses and distances *lonl~ said par*llel line: N 89° 04' 03" W for 147.90 feet, N 86° 12' 18" W for 500.62 feet and N 89° 04' 03" W for 592.63 feet to the Point of Besinnin!~. Containin~ 24,600 square feet more or less or 0.57 ac~es more or less. Bearings hereinabove mentioned usumes the north line of the northwest quarter 1/4) of Section 27 to be S 89° 04' 03" E. Jeffrey C. Coonet Profe~ion*l Land Surveyor Florida Cer~ No. 4052 (For the lrn'm: LB 6773) AGENDA ITEM AUG 0 1 000 /,g DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT 'A"- {~u-~ t ~ '[ STRAP NO. 482527001.0013A27, OCEAN BOULEVARD PARTNERSHIP A tract or parcel of land for a temporary construction easement lying in Section 27, Tow-,hip 48 South, Range 25 East, Collier County, Florida being more particularly described as follows: From the northwest comer of said Section 27, Township 48 South, Range 25 ~_~-_~t, Collier Co,my, Florida run S 00° 02' 33" W along the west line of said Section 27 and the east line o£Tamiami Trail (S.R. 45) for 125.02 feet to the south line oflmmokalee Road (C.IL 846); thence along said south linen 45° 28' 51" E for 7.02 feet to an intersection with a line parallel with and 20.00 feet southerly of(as measured on a perpendicalar) the south line of said Immokalee Paaad; thence run S 89° 04' 03" E along said pn.rallel line for $1.11 feet to the Point of Beginning Fxom said Point of Beginning continue along said parallel line $ 89° 04' 03" E for 40.00 feet; th~ce run S O0° 55' 57' W for 40.00 feet; thence run N ll9° 04' 03" W for 40.00 feet; thence nm N 00" 55' 57, E for 40.00 feet to the Point of Beginning. Containing 1,600 square feet more or less or 0.037 acres more or less. Bearings hereinabove mentioned assumes the north line of the marthwest quarter (NW- 1/4) of Section 27 to be S 89° 04' 03" E. Ieffrey C. Coonet Professional Land Surveyor Florida Certificate No. 4052 (For the Firm: LB 6773) DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT "B" - 13a.~::~ t STRAP NO. 482527001.0013A27, OCEAN BOULEVARD PARTNERSHIP A tma or parcel of land for a temporary con,muction easement lying in Section 27, Township 48 South, Range 25 East, Collier County, Florida being more particularly d~'ibed as follows: From .the northwest comer of sa/d Section 27, Township 48 South, Range 25 East, Collier County, Florida run S 00° 02' 33" W along the west line of said Section 27 and the east line of Tamiami Trail (S.R. 45) for,125.02 feet to the south line of Immokal~ Road (C.R. 846); thence along said south line N 45° 28' 51" E for 35.08 feet; thence corainue along said southedy line the following courses and distances: S 89° 04' 03" E for 573.46 feet; S 86° 12' 18" E for 500.61 feet, S 89° 04' 03" E for 147.09 feet to a westerly line of lands described in instrument recorded in Official Record Book 2009 besinning a! Pl~e 1568 of the Public Records of Collier County, Florida; thence run S 00° 02' 33" W along said westerly line for 20.00 feet to an intersection with a line parallel with and 20 feet southerly of(as measured on s perpemiic~ar) said south line oflmmokaiee Road; thence run along said parallel line N 89° 04' 03" W for 101.42 feet to the Point of Beginninff, From said Point of Beginning run S 00° 55' 57" W for 40.00 feet; thence run N 89° 04' 03" W for 40.00 feet;, thenc~ run N 00° 55' 57~ E for 40.00 feet to said parallel line; thence run along said parallel line S 89° 04' 03" E for 40.00 feet to the Point of Be~i~'rming. Containing 1,600 square feet more or less or 0.037 acres more or less. Beafin~ hereinabove mentioned assumes the north line of the northwest quarter (NW- 1/4) of Section 27 to be $ 89° 04' 03" E. Pmfe~ion~l ,Land Surveyor l~a'id~ C~Niti~ No. 4052 ~or th~ Firm: LB 6773) AUG 012000 ADVANCE CONSTRUCTION AGREEMENT THIS ADVANCE CONSTRUCTION AGREEMENT (hereinafter referred to as th~ "Agreement") is made and entered into by and between OCEAN BOULEVARD PARTNERSHIP II, a Florida partnership, whose mailing address is 2600 Golden Gate Parkway, Suite 200, Naples, Florida, 34105 (hereinafter referred to as "Owner"), and BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFIClO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT (hereinafter referred to as "County"). WHEREAS, County requires immediate access to those lands as described in Exhibit "A", attached hereto and made a part of this Agreement, (hereinafter referred to as the "Easements") for the purpose of installing a 30 inch diameter sewer force main therein; and WHEREAS, Owner and County have not yet concluded negotiations for the conveyance of the Easements; and WHEREAS, Owner desires to allow installation of the 30 inch diameter sewer force main to commence within the Easements at the earliest possible time; and WHEREAS, Owner acknowledges and stipulates to the necessity for County to enter upon the Easements for the installation of the 30 inch diameter sewer force main. NOW THEREFORE, in consideration of these premises, the sum of TEN DOLLARS ($10.00), and other good and valuable considerations, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: The WHEREAS recitals, as referenced above, are incorporated as a part of this Agreement between the parties. Owner hereby grants to County the right to use of the Easements for the purpose of installing a 30 inch diameter sewer force main, and to excavate, remove, fill, store, deposit, and/or stockpile such materials as shall be required to install the 30 inch diameter sewer force main. All construction, including but not limited to installation, shall be completed on written terms and conditions acceptable to the Owner, which shall be adhered to by the contractor and all other agents completing improvements on behalf of the County. Owner and County shall continue to negotiate in good faith for the sale and purchase of the Property. Should the Owner and County be unable to reach final agreement upon the compensation due to the Owner in exchange for the Property within 180 calendar days from the date of execution of this Agreement by County, the County shall file a lawsuit in eminent domain to condemn the Properby in accordance with the applicable provisions of Chapters 73, 74 and 127, Flodda Statutes. County shall not unreasonably interfere with ingress and egress to Owner's lands during the pedod of installation of the 30 inch diameter sewer force main. County shall indemnify, save, protect and hold harmless the Owner against any loss, damage, injury, debt or expense claimed or asserted by any person or entity adsing out of County's installation of the 30 inch diameter sewer force main under, across and upon the Property. This Agreement does not convey a marketable flue to real property. T'~le to the Easements shall pass upon the conveyance of propedy executed easement Instruments by Owner, and the acceptance of same by County. AUG 0 1 2000 PG. Advance Construction Agreement Page 2 County's dght of er~try onto the Easements is contingent upon no other provisions, conditions, or premises other than those so stated above; and this wdtten Agreement, including all exhibits attached hereto, shall constitute the entire agreement and understanding of the parties, and there are no other pdor or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this ~ day of ..... 2000. AS TO COUNTY: ATTEST: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT Dwight Brock, Clerk By: Timothy J. Constantine, Chairman AS TO OWNER: DATED: WITNESSES: TR(~__~8 L. TREADWELL, JR. Print Name --',,~ -- witness -(/ ' Print Name Print Name Approved as to form and leg al ~..-~U---u~cie nc~ {. ~ Thom!~PaV~Jrne~~ Assistant County Attorney OCEAN BOULEVARD PARTNERSHIP II, BY://'"///~'//~:, ~ Paul ~01~;rin~11i, as attoac~(e~ Fact and adml~itrative Agent for the Partnership ,.Tt~'~t ~,.-Sproul; a~ A~tor~4~y in-Fact and Adminitretive Agent for the Partnership z SKETCH TO ACCOMPANY DESCRIPTION UTILITY EASEMENT, IMMOKALEE RD, SEC 27, T48S,-R25E, COLLIER COUNTY, FLORIDA STRAP No.482527013.0003A27 OCEAN BOULEVARD PARTNERSHIP, z LB 642 r4 NOO'O2'33'E 475.22' ~NW CNR Sr ~7 POC DESC \ S00'02'33"W 125.02' NORTH LINE: OF NW/4 SECTION 27 STRAP No.482527013,0003A27 OCEAN' BOULEVARD PARTNERSHIP, II PARENT PARCEL REMAINDER ,:39.27 Ac+ NN72'18'O6'W 127.68" NO1'39'OO"W 1,~74.30' 00'01'42'E 27.71' C,~,[ [ ,-,![ [ ' ','MH[ F',' E PAP, K , -':':., ~, -: :"5: ) -' '3 ') ""::.",;;;E T , ,,.;~; - . .... PRO,.]ECT PARCEL. c?o 2_. FOLIO ~ NOO'O1'42"E 100.97' WIST UNE OF NE/4 SEC'I10N ~ I CREEKSIDE WAY POC DESC' --S45'21'07"E 28.94' .,E:FFREY C. COONER AND ASSOCIATES, INC.OCT 15, 1 SURVEYING AND MAPPINGSCALE 1" -- 300' 3900 COLONIAL BOULEVARD, SUITE 2, FORT MYERS, FLORIDA 53912 PHONE: (941)277-0722 FAX: (941)277-7179 EMAIL: SURVEYOR~COONER.C( . DESIGN SKETCH TO ACCOMPANY DESCR/F 0N UTIUTY EASEMENTS CREEKSIDE COMMERCE PARK SECTION 27, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA AND IMPLEMENTATION OF 30-INCH PARALLEL SEWER FORCE ASPH =. ASPHALT BM =, BENCH MARK BP '= BIKE PATH BG -- BRIDGE BOB "BOTTOM OF BANK BLDG., BUILDING MH =' MANHOLE MB = METER BOX WON = MONUMENT NW = NAIL &: WASHER OH = OVERHEAD WIRE OR ,=OFFICIAL RECORD BC - BOX CULVERT PAVT --PAVEMENT C = CHORD PK ,,=PK NNL CacO = CURB &: GUTTER PK&:D = PK NAIL &: DISK C8 = BEARING OF CHORD PK&W ,= PK NAIL &: WASHER COB - CHORD BEARING P = PLAT CL = CENTERMNE PB = PLAT BOOK CLF ==CHAIN UNK FENCE PCP ='PERMANENT CONTROL POINT CO ==CLEANOUT PGS == PAGES CONC - CONCRETE PK - PARKER KAYLON NAIL CBS = CONC. BLOCK STUCCO PL = PROPERTY MNE CD = CONCRETE DRIVEWAY PO~ ,,POINT OF BEGINNING Cid = CONCRETE MONUMENT PROF ==PROFESSIONAL CNR - CORNER POC ==POINT OF COMMENCEMENT CP = CONCRETE POST PRM = PERMANENT REFERENCE MARK CW = CONCRETE WALL PP ==POl~r_RPOLE CMP = CORRUGATED METAL PIPE R ,,RADIUS CPP '=CORRUGATED PLASTIC PIPE RR = RAILROAD RAIL O ,,DFFn OR DELTA ANGLE RRS = RAILROAD SPIKE DD ==DIRT DRIVEWAY RES "RESERVED DS ==DESCRIPTION ROW == RIGHT-OF-WAy DH ==DRILL HOLE RCP = REINFORCED CONCRETE PIPE EP - EDGE OF PAVEMENT RGE =' RANGE ELEV - ELEVATION RRP = RIP RAP F - FIELD OR MEASURED SMH == SANITARY :SEWER MANHOLE FC - FENCE CORNER SSP = SERVICE POLE FH = FIRE HYDRANT SP = SEWER PIPE FOOT = FL. DEPT. OF TRANSPORT SW = SIDEWALK FPad_ = FLORIDA POWER AND UGHT SI - SIGN FND = FOUND ST - STFIq_ GOVT =.GOVERNMENT T - TANGENT GO - GRAVEL DRIVE TL = TRAFFIC MGHT CONTROL BOX G~ ='GROUND SHOT TP =-TELEPHONE POLE GOR = GUARDRAIL TOS ==TOE OF SLOPE GW =,GUY WIRE TOB ==TOP OF BANK G~ ==GUY WIRE POLE TWP - TOWNSHIP HW = HEADWALL TR - TREE INV ==INVERT TYP - TYPICAL IP ,-IRON PIPE UG - UNDERGROUND IP&C = IRON PIPE& CAP USH -' UG SPRINKLER HEAD IR ==IRON ROD UTV - UNDERGROUND T.V.BOX IRC ==IRON ROD &: CAP WM - WATER METER KSY ==KUNDE, SPRECHER, YASKIN Va3 - WA31~R PIPE L - LENGTH WF - WIRE FENCE LB = MCENCE BOARD WD - WOOD DECK LP ,-UGHT POLE WOF - WOOD FENCE LS .,LAND SURVEYOR a - DELTA ANGLE MAIN EXHIBIT :::e -' MORE OR LESS/APPROXIMATE 1. THIS SKETCH IS NOT A SURVEY. NOR IS IT VALID WITHOUT THE ATTACHED DESCRIPTION. 3. MONUMENTS SHOWN WERE LOCATED DURING FIELD SURVEYS EXECUTED BY THIS FIRM FROM 9-30-98 TO 10-14-99 4. INSTRUMENTS REFERENCED ARE OF COLLIER'COUNTY RECORDS. 5. BEARING BASIS IS FOR THE NORTH LINE OF THE NW/~ OF SECTION 27 TO BEAR S89'04'03'E. 6. THE LOTS, TRACTS AND STREETS SHOWN FOR CREEKSIDE COMMERCE PARK, UNIT TWO ARE FROM DIGITAL CADD FILES FROM JOHNSON ENGINEERING, INC. dEFFREY C. COONER AND ASSOCIATES, INC. SURVEYING AND'MAPPING 3900 COLONIAL BOULEVARD, SUITE 2, FORT MYERS, FLORIDA 33912 PHONE: (941)277-0722 FAX: (941)277-7179 EMAIL~ SURVEYOR~OONER.COM OCT 14, 1999 EXHIBI'T Page~~ DESCRIPTION ~e_i UTILITY EASEMENT- q~)Z STRAP NO. 482527013.0003A27, OCEAN BOULEVARD PARTNERSHIP, II A 20 foot wide tract or parcel of land for a utility easement lying in Section 27, Township 48 South, Range 25 East, Collier County, Florida being more particularly described as follows: From the northwest corner of said Section 27, Township 48 South, Range 25 East, Collier County, Florida nan S 00° 02' 33" W along the west line of said Section 27 and the east line of Tamiami Trail (S.IL 45) for 125.02 feet to the south line of Immokalee Road (C.tL 846); thence along said south line N 45° 28' 51" E for 35.08 feet; thence continue along said southerly line the following courses and distances: S 89° 04' 03" E for 573.46 feet, S 86° 12' 18" E for 500.61 feet, and S 89° 04' 03" E for 147.09 feet to a westerly line of lands described in instrument recorded in Official Record Book 2009 beginning at Page 1568 of the Public Records of Collier County, Florida to the Point of Beginning. From said Point of Beginning continue along the south line of said Immokalee Road S 89© 04' 03" E for 580.15 feet; thence run S 45° 21' 07" E along said west line for 28.94 feet to an intersection with a line 20 feet south of and parallel with (as measured on a perpendicular) the south line of said Immokalee Road; thence run N 89° 04' 03" W along said parallel line for 600.76 feet to said westerly line; thence run N 00© 02' 33" E for 20.00 feet to the Point of Beginning. Containing 11,809 square feet more or less or 0.27 acres more or less. Bearings hereinabove mentioned assumes the north line of the northwest quarter (NW- 1/4) of Section 27 to be S 89° 04' 03" E. Professional Land Surveyor Florida Certificate No. 4052 (For the Firm: LB 6773) Revision: May 1 $, 2000 AGENDA IT£M ~ AUG 0 1 2000[ ] SKETCH TO ACCOMPANY DESC~ON U*IIUTY EASEU~ ALONG CREEKSIDE COUIdERCE PARK WEST UNiT ONE PB 29, PGS 57 58 SECTION 27, TOM~.SHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA ~ STRAP No. 482527013.0003A27, OCEAN BOULEVARD PAR'iNERSHIP, II DESIGN AND IMPLEMENTATION OF 30-INCH PARALLEL SEWER FORCE MAIN ~f3,~..c£L c~03 POC DESCo --~ IMMOKAI EE ROAD ~'"'-..,.,..,~__ "~ (WIDTH VAR,F.S) N 89'04'03" W ~ 28 94' ,,~--S 0i:39'00"E x.a,r - · / j I 21.06 · N 45'21'07"W'-'~ 30.4-5' { ~. PART OF OR 2009, PAGE 1568 STRAP No. 4-82527013.0003A27 OCEAN BOULEVARD PARTNERSHIP, II PARENT PARCEL REMAINDER +39.44. Ac* PRO,,1ECT PARCEL FOLIO S 4-4'22'18" E 14.74'-~ FEB. 19, 20O0 ' AU~ o 12ooo J REV. 1: CHANGE BOUNDARY OF EASEMENT, 4./28/00 *ACREAGE OF PARENT PARCEL IS NET OF UTIMTY EASEMENT SHOWN ONLY. DESIGN i,m. ri H TO ACCOI 'ANY DESCHIF 0N UTlUTY ~ENTS CREEKSIDE COMUERCE PARK SECTION 27, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLUER COUNTY, FLORIDA AND IMPLEMENTATION OF 50-INCH PARAIIr'L SEWER FORCE ASPH - ASPHALT MH - MANH(N.E i~1 - BENCH MARt( lib - ~ BOX BP - BIKE PA'IH MON - MONUMENT BG - BRIDGE NW - NAIL & WASHER BC - BOX CULVERT PAVT'- PAVEMENT C - cl-I(]~ PK - PK NAIL C8 - BEARINO OF CHORO PK&W- PK NAIL & WASHER CLF - CHAIN LINK FENCE PCP - PE!~T C~ P(31NT 00 - CLEANOUT PGS --PAOE:S CONC- CONCRETE: PK - PARKER KAYtON NAIL CW. - CONCI~ WALL PP - POtliER POLE Calla-CO~C~'IED METAL PIPE R - RADIUS O - ~ OR DELTA ANOLE RRS - RAILROAD SPIKE DO - DIRT DRIP=WAY RES - DS -"Di~PlION ROW - RIGlIT-OF-WAY EP - EDGE OF PAVEMENT RGE: - RANGE: mrV . mrVA'IION RRP - RIP RAP F - F~R n OR ~ SMH - SANITARY SE~ MANH(~.E FC - FENCE ~ER SSP - SERVICE POLE FH - FIRE HYI~T SP - SE'I~R PIPE FDOT - Fl. DEPT. OF TRANSPORT SW ' SlDEI~ALK FPJd. ' FLOI~A PO%~E~ AND UGHT SI ' SION GOVT - GOVERNMENT T - TANGENT I.S - LAND ~ A - DELTA ANOLE MAIN EXHiBiT SURVEYING AND MAPPING 3900 COLONIAL BOULEVARD, SUrTE 2, FORT MYERS, FLORIDA 33912 PHONE: (94.1)277-0722 FAX= (94.1)277-7179 EMAIL: SURVEYOR COC~ER.COM OCT 14, 1999 AUG 0 1 2000 JEFFR C. COONER AND ASSOCIATES, INC. NOTES. 4. - MORE OR LESS/N:,PROX#aA'TE 1. THIS SKETCH IS NOT A SURVEY. NOR IS IT VAUD WITHOUT THE ATTACHED DESCRIPTION. 3. MONUMENTS SHOWN WERE LOCATED DURING FIELD SURVEYS EXECUTED BY THISRRM FROM 9--30-98 TO 10-14.--99 4. INSTRUMENTS REFERENCED ARE OF COLLIER COUNTY RECORDS. 5. BEARING BASIS IS FOR THE NORTH UNE OF THE NW/4 OF SECTION 27 TO BEAR S89'04'03'E. 6. THE LOTS, TRACTS AND STREETS SHOWN FOR CREEKSIDE COMMERCE PARK, UNIT TWO ARE FROM DIGITAL CADD FILES FROM JOHNSON ENGINEERING, INC. EXHIBIT Page~of DESCRIPTION A tract or parcel of land for a utility casemere lying in Section 27, Township 48 South, Range 25 East, Collier County, Florida being more particularly described as follows: Commencing at the intersection of the south line oflmmoka!ee Road (C.IL 846) and the west line of Creekside Way (Tract R) as shown on plat of Creekside Commerce Park West-Unit One recorded in Plat Book 29, Pages 57,58 of the Public Records of Collier County, Florida; thence run S 01° 39' 00" E for 20.02 feet along the said West line of Creekside Way; Thence run N 89004'03" W for 21.06 feet to the Point of Beginning. From said Point of Beginning nm N 89° 04' 03" W along said south side oflmmokalee Road for 28.94 feet; thence run S 45° 21' 07" E for 57.82 feet to an intersection with a line parallel with and 10 feet westerly fi'om (as measured on a perpendicular) said west line of Creekside Way; thence run S 01° 39' 00" E along said parallel line for 303.27 feet; thence run S 44° 22' 18" E for 14.74 feet to a southerly prolongation of said west line of Creekside Way and the west line of said Creekside Commerce Park West-Unit One; thence run N 01° 39' 00" W along said west line and the west line of said Creekside Way for 332.58 feet; Thence run N 45° 21' 07" W for 30.45 feet to the Point of Beginning. Containing 4,062 square feet more or less or 0.09 acres more or less. Bearings hereinabove mentioned assumes the north line of the northwest quarter (NW. 1/4) of Section 27 to be S 89° 04' 03" E. Professional Land Surveyor Florida Certificate No. 4052 (For the Firm: LB 6773) Revision: 4/28/00 Sheet 3of 3 AG£NOA IT£M ~ " NO AU$ 0 1 2000 PROJECT: Immokatee Road - 30" Force Main PAi~CELS 901,701,702 FOLIO: 00167800004 COPY AGREEMENT TO CONVEY EASEMENT THIS AGREEMENT TO CONVEY EASEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between OCEAN BOULEVARD PARTNERSHIP, a Flodda general partnership, whose mailing address is 2600 Golden Gate Parkway, Suite 200, Naples, Flodda, 34105, (hereinafter referred to as "Owner"), and BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFIClO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, its successors and assigns (hereinafter referred to as "Purchaser"), whose mailing address is 3301 Tamiami Trail, Naples, Florida 34112; WHEREAS, Purchaser requires, and is willing to condemn, a perpetual, ~on- exclusive easement for utility installation and maintenance purposes under, upon and across the lands described in Exhibit '%1" (said easement hereinafter referred to as the "Property"), which is attached hereto and made a part of this Agreement; and WHEREAS, Purchaser requires and is also willing to condemn two (2) temporary construction easements to assist with Purchaser's installation of a 30 inch diameter sewer force main and a 12 inch diameter sewer force main (hereinafter referred to as the "Proposed Improvements") on the Property, said temporary construction easements to be located under, upon and across the lands described in Exhibit "A2" and "A3" (said easements hereinafter collectively referred to as ~'CE 1 & 2"); and WHEREAS, Owner desires to convey the Property and TCE 1 & 2 to Purchaser for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the Property and TCE 1 & 2; WHEREAS, the parties acknowledge and agree that the property may continue to be used by Owner to fulfill landscape buffer requirements imposed by land use laws, permits and approvals, both existing and those placed in effect hereafter, with respect to the property; NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable. consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. Owner shall convey the Property to Purchaser for the sum of $65,325.00 payable by County Warrant (said transaction hereinafter referred to as the "Closing'). Said payment shall be full compensation for the Property conveyed, including any and all costs and expenses incurred by Owner in connection with this Agreement, except as otherwise specifically set forth herein, and all of its terms, conditions, provisions and obligations, and for any and all severance damages to Owner's remaining property. 2. Owner shall convey TCE 1 & 2 to Purchaser for the sum of $200, payable by County Warrant. Said payment shall be full compensation for TCE 1 & 2. 3. Portions of the Property and any lands adjacent to the property that have already have been improved and landscapec~, and which are damaged due to the construction and installation of the Proposed Improvements, will be restored by the Purchaser to match conditions existing prior to said construction and installation. .o. [ AUG 0 12000 Easement Agreement Parcels 901,701 & 702 Page 2 4. Purchaser will impose no restrictions on locations for lighting, signage or shrub plantings within the property, other than those outlined in Paragraph 6. 5. Purchaser shall furnish Owner with final construction plans and as-built construction plans for the Proposed Improvements (a/k/a PWED Project No. 73943). 6. Owner shall restdct the planting of all trees to the Southerly two (2) feet of the Property. 7. Access to the Property by Purchaser for the installation and maintenance of the Proposed Improvements shall be from tmmokalee Road. 8. Maintenance of all landscaping shall be the sole responsibility of Owner. Any damage to the property and landscape buffer resulting from the Proposed Improvements construction or maintenance activities, or damages that otherwise would not have occurred if the force main was not in the landscape buffer, will be the responsibility of the Purchaser. 9. Construction of other Purchaser utilities within the utility easement and landscape buffer, other than connections to the Proposed Improvements, will not be allowed by the Owner. This will be a restricted use utility easement. The Owner reserves dghts to use the easement for irrigation, landscape and all other uses that do not violate dghts otherwise granted by Owner to Purchaser. 10.This Agreement shall be null and void, and of no further force or effect, unless Closing shall occur within sixty (60) days from the date Purchaser executes this Agreement; provided; however, that Purchaser shall have the unilateral dght to extend the term of this Agreement pending receipt of such instruments, propedy executed, which either remove, release or subordinate any and all such liens, encumbrances or qualifications affecting Purchaser's enjoyment of the Property. At Closing, Purchaser shall deliver the County Warrant to Owner and Owner shall deliver the conveyance instrument to Purchaser in the form attached as Exhibit "B". 11.Owner is aware and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 12. Purchaser shall be responsible for paying any costs and/or fees associated with the secudng and recording a Subordination, Consent & Joinder of Easement of the mortgage(s) recorded against the Property from the mortgagee(s). The cost of a title commitment shall be paid by Purchaser. 13.This Agreement, and the terms and provisions hereof, shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of, and be binding upon, the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 14. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and this wdtten Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other pdor or contemporaneous wrfften or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 15. If the Owner holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, accordlng to Chapter 288, Flodda Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before the Property held in such capacity is conveyed to Purchaser, Its successors and assigns. (If the corporation Is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 16.This Agreement is governed and construed in accordance with the laws of the State of Florida. Easement Agreement Page 3 Paf'cels 901,701 & 702 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this __ day of ,2000. Date Property acquisition approved by BCC: May 23, 2000 - Resolution No. 2000-165 Agenda Item No. 8B(2) AS TO PURCHASER: DATED: ATTEST: DWIGHT E. BROCK, Clerk Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT BY: COPY Timothy J. Constantine, Chairman AS TO OWNER: WITNESSES: OCEAN BOULEVARD PARTNERSHIP, a Flodda general par~ership W'~ness Pdnt Name Witness Pdnt Name Witness Pdnt Name Witness BY' Paul J. Madnelli, as Attorney in Fact and Administrative Agent for the Partnership Pdnt Name Approved as to form and legal sufficiency: BY' Juliet C. Sproul, as Attorney in Fact and Administrative Agent for the Partnership Thomas Palmer Assistant County Attorney AUG 0 1 2000 PG. --~'/' v TO CCOHP NY UTILITY & TE:I, tPORARY OON~TRUCTION EASE:IitEN'P3 N.ONO It~O(AL.E~ RD No. 482527.001.0013A27 OCEN~ ~y UTILITY EASMENT & F.&SEMENT 'A' ~u~ '~ TEMPORARY CONSTRUCTION EX~rr--~ASEMENT P A R T DF !~~~ DR 1394 PG 1675 PARENT PARCELi 33.79 uNzs L~NCTH U 7.02 N~8'51'E ~ 20.00 SOO~2'~"W L5 Le ~.~ L7 Lll~.~ NOO55'5~E: L12 L15~.~ S8S~'05'E ' 20' DETAIL 1 : 1558 !~41~ 1246.00' Project: 73943 · ACREAGE NET DF PERMANENT Parcel: 90[/701/702 UTILITY EASEMENT DNLY zoiio: 00167800004 · ~lJl~l~1111~ ~ ~ "I · SCALE 1 200 3a(~ Ct31.O~N. BOULEVARD, SUflE 2, FONT ~ FLOR~A 33012 ........ SEL"I'CH TO ACCO~PA/~ Dl~CRIPTION SEC~ON 27. TO.SHIP 48 SOU~H. RANGE 25 EAST. COtJJER COtJNTYo ~DA 1. THIS SKETCH IS NOT A SUR~/EY. NOR I:S IT VALID ~MTHOUT THE ATTACHED DESCRIPTION. 9_ UONUklENTS SHO~ WERE LOCATED DURING FIFI I~ SUR~/EYS ED(ECUTED BY THIS FIRM FROM 9-30-98 TO 10-14--g9. 5. INSTRUMENTS REFERENCED ARE OF COLIJER COUNTY RECORD~ ~. BEARING BASIS IS FOR THE NORTH LiNE OF THE NW/4 OF SEC~ON 27 TO BEAR S89~)4'03"F_ ~ JEFFREY ~ COONER AND ASSOClA~ INC. OCT 1~, 199 UTRdTYEASEMENT- ~,rc¢l qol STRAP NO. 482527001.0013A27, OCEAN BOULEVARD PARTNEI~qH1P A20 foot wide tract or parcel Of land lorn utility easement lyi~ in Se=ti~n 27, Township 41 Somh, Ran~ 25 East, Collier Camry_, Florida being more partk~lariy de, scr~ed as follows: From the ~ conre' of said Se~ion 27, Township 48 So,~th. Ran~ 25 Fast, Colli,r Coumy, Florida nm$ 00° 02' 33" W slon~ th~ west line of said Seciion 27 ~i the line of Tamiami Trail (S.R. 45) for 1.25.02 fi=et to the south line ofhmnokalee lh)ad (C.R. 846); thence along said south line N 45° 28' 51" ti for 7.02 feet to the Print of From said Point of Besinnins continue along said soutl~rly line the following courses and di~: N 45= 28' 51" E for 28.06 fi~t, S 89° 04' 03" E for 573.46 feet; S 86~ I2' lr E for 500.//I feet, S 8~ 04' 03" E for 147.09 feet to a west~ line of lands dzscribed in insinmont record~ in Official R=cord Book 2009 beginning at Pa~n 1568 ofth= Publi= R~ords o£Collier County, ~ thenca run S 00° 02' 33" W aion~ said ~r~rly lin= for 20.00 feet to anton with a linn parallel with and20 feet snutt~y of(as measured on a perpendicular) said south line of~ee Road; thence nm tt~ following co~rses and disctrices along said parallel line: N 89° 04' 03' W for 147.90 ~ N 86~ 12' 18~ W for 500.//2 fe=t nrta N 89° 04' 03" W for 592.63 ~ to Containin~ 24,600 square ~ more or less or 0.57 acres more or less. l~arings ba~inabove mentioned assumes the north line ofth~ northwest quarter (NW- 1/4) of Se~gnn 27 to be $ 89~ 04' 03' E. /~lfrmy C. Coon~r Pmnmmiong Land Surveyor Nnrida ~r. at~ No. 4052 (Rs. the Fn'm: LB 67'/3) AUG 0 1 200O TO ACCOI ANY DESC OI '. UTIUTY & TE:UPORARY CONSTRUCTION F_ASE~ENTS ALONO POB DESC P<~ DE~C '11~PORARY 'E:UPORARY UTILITY EASMENT & ~Ei4ENT 'B' Pad~l[ ~ 1: TEMPORARY CONSTRUCTION . gASEMENT ' N~ ~ ~~~ PART- OF P~ ~~ DR 1394 PG 1675 PARENT MARCEL~ 33,79' Ac REMAINSIn ....... "UNE TA8LE "' LINES LE'NG~BEARING L1 7.02 N45'28°51'E L2 28.06 N4,5'28'5!'E L3 20.00 ! S00'02':~3'.W L5 L9 40.00 S00~'57'W L6 Llq 40.00 ~a9'o4..'o3'w L7 Lll 40.00 ~00.'55'57'E L8 101_.~2N.89'Oar'O.3'w L12 L13 40.00 S89'04.°05'E DETAIL 1": 20' N8~57'~ 1248.00' ProJect: =ACR£AGE NET BF PERMANENT Parcel: UTILITY EASEMENT DNLY Fol1o= 2t30 15,68, 73943 90~701/702 00167800004 I ~ CCX.ON~AL. BCXJLL'VAm3, surrE z ~T ~ FLO~, 3..~m2~,_..~__~L ~ ~~H TO ACCO~ANY D]~C~0N ~g[CTiON 27, TO~S~IP 48 :SOUTH, RANGE 25 EAST, COLI.JER COUNTY, FLORIDA '--'gil - BENO. I YARK uQ~ . IK~UI4~T BP - ~ P^~ HW - NAL, WASHER Peo~~.~_....._ c~ - CATCH BASIl P - PLAT D - DEEZ) OR DEI.TA ,VIGLE RES - RE:SER~ DO - DIRT ~Y ROW - RIGHT-(T---WAY F' - Farm OR 14EA.qLM~ ~ ... ~R'VI~ F'ClZ FND -FOUND T - TNd~ENT IP~ "IRa~ PIPE 4~CAP UI'V -' U~ T.V. BOX LP - LIGHT ~ A - 1. THIS SKETCH IS NOT A SURVEY. NOR I:S IT VALID WITHOUT THE ATTACHED DESCRIPTION. 2. MONUMENTS SHOWN ~ LOCATED DURING RELD SURVEYS EXECUTED ElY THIS FIRM FROM 9-50-g8 TO 10-14--gg. 5. INSTRUMENTS REF'E~EN~ ARE OF' COLLIER COUNTY RECORDS. 4.. BEARING BASIS IS FOR THE NORTH UNE OF THE NW/4. OF SECTION 27 TO BEAR Ssg'o4.'03'F_ ~, ~--, ,,EFFREY C. COONER AND ASSOClA~ INC. OCT ~ ~G AND ,3go~ Ca.C~AL BO(JL~ARO, surfE 2. FORT ~ ~A 33912 ,~.~ 01~2 PHONE: (g41)277-0722 FAX: (94.1)277--7'!79 EMAII.:' SUR~COM DE$~oN TEMPORARY CONSTRUCTION EASEMENT ~A"- STRAP NO. 482527001.0013A27, OCEAN BOULh'~ARD PARTNERSHIP A ~racz or ~ of land for ,, ~empo~ consmwfioa easemeat lying in Sec,/on 27, Towash/p 48 Son-'h. lt~z~o 2.~ ~ Colli~ Cottony, Florida beiz~ more pm'fiafiady From th~ northwes~ comer of sa/d Sec~on 27, Town~hip 48 South, RanBe 25 Hast, CoLl/er County, Florida run S 00~ 02' 33" W along the west line ofsa/d Section 27 sad the ~ line of Tami~mi Trail (S.R. 45) for ,125.02 fe~ to the ~uth li~ ofTmm~kal~ Ros, d (C.R. S46); ~ alon~ ~aid south line N 45° 28' 51" E for 7.02 fi~ m ~ iraenid'don with a lino l Ilol with 20.00 f et southey of (u meadred on a p q licular) south line of ~id Immok~e~ R~ad; thfm~ run S 89° 04' 03" E alon[~ ~ parallel ~ for 81. I 1 f~t to the Pe~nt of Besinain& From Mid Po'mt ofBeB~nning co_n6mm along Mid p~mllel line S 89° 04' 03" E for 40.00 ~ th~ nm S 00° 55' 57~ W for 40.00 ~ ~ run N 89° 04' 03" W for 40.00 f'eeg th~a~ nmN 00° 55' 57" E for 40.00 feet to the Point of Be~nning. Containing 1,600 ~quare feet more or lira or 0.037 acres more or less. Bearings hereinabove mcntioned assumes the north line of the northwest quarter 1/4) of Scction 27 to be S 89° 04' 03" E. Pm _f?~,~p.i Land Surveyor Florid~ Co~iticazo No. 4052 (For fl~ Fin~ LB 6773) S_TO~CH TO ACCOMPANY DESCH[FrIONS' NORTH ~.!~,E OF NW/~SE_CTION .27 ~ ~7~ ! I P~ 'ENT 'ARCEL:I: !._I N O, ,5 , Project: 73943 NET BF PERHANENT Pmzcez: 97309J~30'/70:z ! UNE TABLE UN'£SLENGTHaEAR~NG -L1 7.02N4,5. ~8'5 L2 28.06N45'28'5: 'L5 20,00S00'02'33 L4. 81.11$89'0_.4.'03 ~L5 L~40.00 L. iS L1040.00'~ L? Lll,4.0.00~ L12 L1340.00$sg'O4,'O3'.E. SKETCH TO ACCOMPANY DESCRIPTION SECllON 27, TOI~ISHIP 4.8 ~::XJTH, RANGE: 2~ EAST. COLUER COUNTY, ~DA Bg -BRIDGE OH -- O~]II~..AD MRE -- BLDG - ~ PAVT -- PAI~Eh'T ~ ' CATCH BASIN P ' PLAT D -, DE~D OR DELTA ~ .q~ - ,q~ER~D EP - ED~ GF PAgEMEgT RRP - ~ RAP B. EV.-E].EVAlla~ ~ - SN~IT~I&Y ~ F~ -FI~ CanNER g=' -SEllER PI~ FP4~L-.FI.13RIDA ~ ~ ~ ST -.S'/~EL FND -F'GIJND T -TANGENT · D -(~AVEL Dgl'~ 'IP !if/,,HF.~WN.L 1~ ' ~ I~ --INERT U~ - ~ P4,C-I~NPII~&CAP ~ -UN~T.V. BaX L - LENGll'I' IO LP - ug.rT PALE: & - DELTA ~ 1. THIS SKETCH IS NOT A SURVEY. NOR IS IT VALID ~MTHOUT THE ATI'ACHED DESCRIPTION. 2. MONUMENTS SHOWN WERE: LOCATED DURING FII:'I n SURVEYS EXECUTED BY THIS FIRM FROM 9-50--98 TO 10--14-.99. 5. INSTRUMENTS REFERENCED ARE OF' COLLIER COUNTY RECORDS. 4.. BEARING BASIS; IS FOR THE NORTH LINE OF THE NW/4. OF SECTION 27 TO BEAR S89'04.'03'F_ s, JEFFREY C. COON~ AND ASSOClA~ INC.OCT 14,lgea. I suavE-r.ee ..... I I 3~00 COLONIAL BOULEVARD, stJrlE 2, FORT MYERS,' ~A 33912 [ ~.'~ ~'~"'~'~--'T~9 TEMPORARY CONSTRUCTION EAS~ ~13~ -= [~.~e~ ~ qoa. STRAP NO. 482527001.0013A27, OCEAN BOULEVARD PARTNERS:H~ A tract or parr.~! of land for a tempornry consm2ction easement lying in Section 27, Township 411 SoutlL Range 25 Es~ Collier C~mty, ~1orida being more panicadarty From th~ northw~ comer ofs~tid Sockion 27, Township 48 South, Rang~ 25 East, Collier County, Florida mn S 00° 02' 33" W ,long the west line o£said Section 27 and the east lin~ of Tamiami Trail (S_R. 45) for.125.02 feet to the south line of 7mm~kalee Road (C.R. 846); thence along said south linen 45' 28' 51" E for 35.08 feet; tt~nce contim~ ~1ong said southerly line &e following c~urses and distances: S 119° 04' 03'' E for 573.46 fret; $ 86° 12' 111" E for 500.61 ~ S 89' 04' 03" E for 147.09 feet to ~ w~mty li~e of lapis d~s~n'bed in instrument recorded in Official R~ord Book 2O09 beginning ~t 15611 of the Publi; 19~r, ords of Collier County, Florida:, thence run S 00° 02' 33" W along said westerly line for 20.00 feet to an intersection with a ~ parallel with and 20 southerly of (as measured on a perpendicular) said south line of Tm _,ne_kalee R~ad; then~ run along said parallel line N 89° 04' 03" W for 101.42 ft~t to th~ Point of Beginning. From said Point of Beginning run S 00° 55' 57" W for 40.00 ~ thence run N 89° 04' 03" W ~r 40.00 feet; th~ce rtm N 00° 55' 57" E for 40.00 fl~et to said parallel line; thence run along said parafle! line S 119° 04' 03" E for 40.00 feet to the Point of ~g 1,600 square feet m~re or less or 0.037 acres more or less. Bearings lu~reinabove mentioned assumes the north line of the northwest quarter (N'W- 1/4) of Section 27 to bo S 89° 04' 03" E. Pinemortal Land Surveyor lqodda CertScate No. 4052 (For tim Fm~ LB 6773) AUG 0 1 20O0 EXHIBIT "B" ' PROJECT: lmmokalee Road - 30" Force Main PARCEL: 901 FOLIO: 00167800004 COPY GRANT OF EASEMENT THIS GRANT OF EASEMENT, made and entered into this day of , 2000,. by OCEAN BOULEVARD PARTNERSHIP, a Flodda general partnership, whose mailing address is 2600 Golden Gate Parkway, Surfs 200, Naples, Flodda, 34105, as Grantor to BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, A8 THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFIClO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, 3301 East Tamiami Trail, Naples, Ftodda 3411~ its successors and assigns, as Grantee. (Wherever used herein the terms "Grantor'' and "Grantee" include all the parties to this easement and their 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 utility Installation and maintenance purposes under, upon and across the following described lands located in Collier County, Flodda, (hereinafter referred to as the "Property") to wit: See attached Exhibit "A" which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. THIS PROPERTY IS NOT HOMESTEAD. TO HAVE AND TO HOLD the same unto the Grantee, together with the right to enter upon said Property arid place, excavate, and/or remove materials for the purpose of constructing, operating and maintaining utility facilities thereon, subject to the following use restrictions. Grantee's use of the property will be restricted to the below-ground installation of a 30 inch diameter sewer force main (hereinafter referred to as 'Proposed Improvements"), and the repair and maintenance thereof from the surface of the Property from time to time. Grantor permits no other utility fa~lltiea to be Installed by Grantee, other than connections to the proposed improvement. Grantee's acceptance of the Property constitutes agreement to restore and repair to Its preexisting condition, at Grantee's sole expense, any and all d..p,amages to landscaping, lighting, signage, and any and all other improvements, which may occur from the installation and the repair and maintenance of the Proposed Improvements, and to restrict all access to the Property for repairs and maintenance from Immokalee Road. No restrictions will be Imposed upon the Grantor by the Grantee on locations for lighting, signage or shrub plantings within the property. Routine maintenance thereafter of any and all landscaping, lighting, signage, and any and all other Improvements located upon the Property shall be the responsibility of the Grantor. All uses of the Property not in a rC~;fir iec~eW~tehdtht~ tihneSt~l~tnl t°°n~' ~Pxec'~apli°tnha~nt ~emGaimntnet°n~hCeall°fresthtreictPrt~Pe°pSlaltln~o°ed I"'""'m'Er'°'fv'~l[~/ to the Southerly two (2) feet of the Property. Grantor and Grantee are used for singular or'plural, as the context requires. The easement granted herein shall constitute an easement running with the land and shall burden the Property described above. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. WITNESSES:' VV'ltne88 Pdnt Name Witness Pdnt Name OCEAN BOULEVARD PARTNERSHIP, a Flodda general partnership BY: Lamar Gable, as a Partner VVltness Pdnt Name Witness Pdnt Name Witness Print Name Witness Pdnt Name BY: Frances G, Villere, as a Partner BY:B'arron Collier II1, as a Partner Witneas PAnt Name Witness Print Name BY: Juliet C. Sproul, as a Partner AG£N~A ITEM_ ... AUG 0 1 2000 S'rATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 2000, by Lamar Gable, as a Partner of Ocean Boulevard Partnership, a Flodda general partnership, on behalf of the Partnership. He is personally known to me or has produced as identification and did not take an oath. (Seal) Notary Public My Commission Expires: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 2000, by Frances G. Villere, as a Partner of Ocean Boulevard Partnership, a Flodda general partnership, on behalf of the Partnership. She is personally known to me or has produced as identification and did not take an oath. (Seal) Notary Public My Commission Expires: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 2000, by Barron Collier Ill, as a Partner of Ocean Boulevard Partnership, a Flodda general partnership, on behalf of the Partnership. He is personally known to me or has produced as identification and did not take an oath. (Seal) Notary Public My Commission Expires: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 2000, by Juliet C. Sproul, as a Partner of Ocean Boulevard Partnership, a Florida general partnership, on behalf of the Partnership. She Is personally known to me or has produced as identification and did not take an oath. (Seal) Count! Notary Public My Commission Expires: I AUG 012000 SKL'TCH TO ACCOII~ANY DlCSCRIP~01~.' PG 1675 PARENT PARCELi 33,79 Ac REHAINSm DETAIL 1':20' UNE TABLE UN~' r ~0~ L1 7.02!N _46~8'51'E L2 28.06N45_~8'51'E L5 2a.00i$00~]2'53"W L4 81.11!$89~4'03'E L~ Lg_~.~~'~?'W L6 Lm~a. ooNSg~'O~'W L7 Lll ~ ~ ~ 101.42 L12 L15 ~ NIt~41'~ t24~a~ · ACREAGE NET OF PERMANENT UTILITY EASEMENT [INLY 7394,3 901,/70'[/702 00167800004 ~KETCH TO ACCOMPANY DE~CRIPTION EA~, OOLLJE~ OOUNTY, ~DA C~ -, CATCH BA.qlN P - PLAT Cl~ - COqCRE~ li~.L " R ,,. RAOK/S O - I)EED (~ I~..TA ANOL~ R~ -., RE~ER~ I~O -, ~ Dil!~Y ROW m RIOHT-OF-~AY F - F~ n Oil IIF..A.qUR~ S~ - ~EIP, t~ ~ F!~ - FOiJ~ T -,TANGENT LP - UGHT P(],~ A - I~EL.TA ANGLE 1. THIS SKETCH IS NOT A SUR~:Y. NOR IS IT VAUD .~ITI..IOLJT THE ATTACHED DESCRIPTION. 2. MONUMENTS SHO~IN WERE LOCATED DURINGRF! I~ SURVEYS ID(ECUTEDBY THISRRU FROM 9-30-98 TO 10--14-9g. 5. INS~RUM~ REFERE]dCED ARE OF COLLIER COUNTY RECORDS. 4. BEARING BASIS IS FOR ~HE NORTH UNE OFTHE NW/4 OF SECTION27 TOBEAR S89'04'03'F_ ,~ dEFFREY C. COONER AND ASSOCIATES,INC.ocr ~ ~ pESCRIP~ON STRAP NO. 482527001.0013A27, OCF_.AN BOULEVARD PARTNERSltIP A 20 foot wide tract or per. el of land for a ~m_'lky easement lying in Se~ion 27, Township 4S S~_~h. aange 25 East, Collier Coumy, Florida being more pani~arly deacnlmt as follows: From the northwest aorner of said Section 27, Township 48 South, Range 25 East, Collier County, Florida run S 00° 02' 33" W along the west line of said Sectinn 27 and the east line of Tamiami Trail (S.R. 45) ~r ~[25.02 Feet to the south ~ offmmokalee Road (C.R. 846);.thence along said south line N 45° 28' 51" E for 7.02 feet to the Poim of l~rom said Point ofBeginni~ ~nntinue along said southerly !i~ the following md distances: N 45' 28' 51" E for 28.06 feet, $ 89~ 04' 03" E R~r 573.46 ~ S 86' 12' 18" E for-500,61 ~eet, S 89' 04' 03" E for 147.09 feet to ~ westerly line eliands dea~a~bed in instorment recorded in ~ Reoord Book 2009 begitmin8 at Page 1568 of the Publi~ Records of Collier County, lqorid~ thenon tun S 00e 02' 33" W along westerly line for 20.00 ~t to an interscion with a ~ne paralld with and 20 soutt~ o~(as meana~ on a perpmdi~lar) said ~outh line oflnmmkalee Road; then~ 147.~0 ~ N S6o ~' ~r W ~ ~00.~ eet a._d r~ S~o O4' 0~~ W for ~ n~t to Co .mainin& 24,600 square ~ more or leas or 0.57 at:res more or less. U4) of Set,on 27 to be S 89e 04' 03" E. lqorida ~ No. 4052 (For th~ r~n: Ln 69'73) I 0,) 2000 I PF~OJECT: lmmokalee Road - 30" Force Main PARCEL: 904 FOLIO: 29331190644 COPy AGREEMENTTO CONVEY EASEMENT THIS AGREEMENT TO CONVEY EASEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between CREEKSIDE WEST, INC., a Flodda corporation, whose mailing address is 2600 Golden Gate Parkway, Suite 200, Naples, Florida, 34105, (hereinafter referred to as "Owner"), and BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFIClO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT. its successors and assigns (hereinafter referred to as "Purchaser"), whose mailing address is 3301 Tamiami Trail, Naples, Florida 34112; WHEREAS, Purchaser requires, and is willing to condemn, a perpetual, non- exclusive easement for utility installation and maintenance purposes under, upon and across the lands described in Exhibit '%" (said easement hereinafter referred to as the "Property"), which is attached hereto and made a part of this Agreement; WHEREAS, Owner desires to convey the Property to Purchaser for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the Property; NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. Owner shall convey the Property to Purchaser for the sum of $17,760.00 payable by County Warrant (said transaction hereinafter referred to as the "Closing"). Said payment shall be full compensation for the Property conveyed, including any and all costs and expenses incurred by Owner in connection with this Agreement, except as othervise specifically set forth herein, and all of its terms, conditions; provisions and obligations, and for any and all severance damages to Owner's remaining property. 2. Portions of the Property and any lands adjacent to the property that have already have been Improved and landscaped, and which are damaged due to the construction and installation of the 30 inch diameter sewer force main (hereinafter referred to as the "Proposed Improvements"), will be restored by the Purchaser to match conditions existing pdor to said construction and installation. 3. Purchaser shall furnish Owner with final construction plans and as-built construction plans for the Proposed Improvements (a/k/a PWED Project No. 73943). 4. Purchaser shall circumvent Owner's existing 6-inch lake recharge / irrigation well located within the Property during the Installation of the Proposed Improvements. 5. Owner shall plant no trees within the Property, nor within eight (8) feet of the Proposed Improvements. 6. Maintenance of all landscaping shall be the sole responsibility of Owner. Any damage to the property and landscape buffer resulting from the Proposed Improvements construction maintenance activities, or or dama,~,,~ I"°:: IAUG 0! 2000 Easement Agreement Page 2 Parcel No. 904 would not have occurred if the Proposed Improvements was not in the landscape buffer, will be the responsibility of the Purchaser. 7. Construction of other Purchaser utilities within the utility easement and landscape buffer, other than connections to the Proposed Improvements, will not be allowed by the Owner. This will be a restricted use utility easement. The Owner reserves rights to use the easement for irrigation, landscape and all other uses that do not violate dghts otherwise granted by Owner to Purchaser. 8. Access to the Property by Purchaser for the installation and maintenance of the Proposed Improvements shall be from from Creeks/de Boulevard as defined in the proposed plat of Creekside Commerce Park West, Unit Two. 9. This Agreement shall be null and void, and of no further force or effect, unless Closing shall occur within sixty (60) days from the date Purchaser executes this Agreement; provided; however, that Purchaser shall have the unilateral dght to extend the term of this Agreement pending receipt of such instruments, propedy executed, which either remove, release or subordinate any and all such liens, encumbrances or qualifications affecting' Purchaser's enjoyment of the Property. At Closing, Purchaser shall deliver the County Warrant to Owner and Owner shall deliver the conveyance instrument to Purchaser in the form attached as Exhibit 10. Owner is aware and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Flodda. 11. Purchaser 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). The cost of a title commitment shall be paid by Purchaser. 12. This Agreement, and the terms and provisions hereof, shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of, and be binding upon, the parties hereto and their respective heirs, executors,' personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 13. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and this wdtten Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other pdor or contemporaneous wdtten or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 14. 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 266, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before the Property held in such capacity is conveyed to Purchaser, its successors and assigns. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Flodda Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 15. This Agreement is governed and construed in accordance with the laws of the State of Flodda. Easement Agreement Page 3 P~rcel No. 904 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this __ day of ,2000. Date Property acquisition approved by BCC: May 23, 2000- ResoLution No. 2000-165 Agenda Item No. 8B(2) AS TO PURCHASER: DATED: ATTEST: DWIGHT E. BROCK, Clerk Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT .-~. BY: Timothy J. Constantine, Chairman AS TO OWNER: DATED: WITNESSES: Witness Pdnt Name Witness Print Name CREEKSIDE WEST, INC., a Ftodda corporation BY: (Pdnt Name and Title) Approved as to form and legal sufficiency: Thomas Palmer Assistant County Attorney AUG o 1 2OO0 SKETCH TO ACCOMPANY DEB~ON SECTIC~ 27, TOtalSHIP 4~ :. ~'IH. EAN~ 25 EAST, ~ COUNTY, FLORIDA .. SlRNa No. 2.f;.5.qOOOl.3A27, CREEKSiDE V~-I', INC. ' DESIGN AND II~PLEMENTATIOI~; ?F SO-iNCH PARALLEL SEWER FORCE MAIN~ , . . CREEKSIDE PARKWAY ,-s89"7 o~. E 1.3.51 (TRACT R) .. POB DESC NW CNR N 4-4'22'18" W86 76'/ TRACT "0" ~,,~ CREEKSIDE COMI~ERCE · ' ' I PARK WEST S 44'2£'18' E 89.71/ 5~"'~ -I EXIST. 20' COUNTY UTIUTY SIDEWALK EASFJ~ ENT EXI~BO'.'.',~ ": ~, ~'~-~--~"-~-- ~'} CREEKS~D~ COMMERCE UTILITY EASEMENT ~ I PARK WEST - UNIT ONE ~: I PB 29, PGS. 57 & 58 P~ JECT: 73943 -~oI P4,,. CEL: 904 FC:IO: 29331190644 . · I STRAP No. 253900013A27 PARENT PARCEL !i I RE.A,NDER ~ 0. ge , ItI' ¢ 3.5' I Ii I Fs' UNE LOT ~ ~ IRACT R NOg'OS'll'W 15.00' - [ CREEKSIDE COMMERCE PARK WEST UNIT 2 JEFFREY C. COOKER AND ASSOCIATES. INC.~,N. ~4. ~0oo ................ t 0 ~ ~U5 ~ TO ACCOUPANY DESCE/F~ON SECTION 27. ~ 48 SOULS, RANGE ~ ~, ~ ~, ~DA DESIGN AND IMP~MENT~OH OF 50-INCH PA~/IFL S~ER FORCE ~N 1. THIS SKETCH IS NOT A SURVEY. NOR IS IT VALID MTHOUT THE ATTACHED DESCRIPTION. 3. MONUMENTS ~ Y~E~E LOCATED DURING F1ELD SURVEYS ID(ECUTED BY THIS FIRM FROM 9-50--98 TO 10-14-99 4. INSTRUMENTS REF~ ARE OF COLUER COUNTY RECORDS. 5. BEARING BASIS IS FOR THE NORTH UNE OF THE NW/4- OF SECTON 27 TO BEAR S89'04.'03"E. 6. THE LOT~, TRACTS AND STREETS SHOWN FOR CREEKSIDE COMME~CE PARK, UNIT ~ ARE FROM DIGITAL CADO Rt. ES FROM JOHNSONENGINEI~RING, INC. JEFFREY ~. COONER AND ASSOCIATES, INC. I OCT ,~oo COLONIAL eOEJ..E~J~D, SLn'TE: 2. FORT MT~S, FLORIDA 5.3912 EXHIBIT DE$CR!PTION UTirLITY EASEMENT -~'~.C~.~- ~c]o ~ TRACT O, CREEKSIDE COMMERCE PARK WEST-UNIT ONE STRAP NO. 253900013A27, CREEKSIDE WEST, INC. A tract or parcel of land for a utility easement lying in Tract O, Creek.vide Commc-xc~ Park West-Uuit One, as shaven on plat r~corded in Plat Book 29, Pages 57 and 58, Collier County Retards, Section 27, Township 48 South, Range 25 East, Colli~ County, Florida being nx~r¢ particularly de~a-l~xi as follows: Beginning at the northwest corner of~id Tract O run S 89° 17' 04" E along the south [irm of Cteeksicl~ Parkway (Tract R) a~ shown on said plat for 13.51 foet; Thence run S 44°22' 18"E for 89.71 feet to an intersection with a lin~ parallel with and20 feet westerly from (as m~asured on a perpcndicu/ar) rh~ ea~ li~ of said Tract O be'rag also the west line of an ~x/sting County Utility Sktewalk Easem:nt (20 f~t wide); thenc~ run S 00° 32' 2T' W along said ~ for 595.95 feet to th~ south ~ of saki Tra~t O; thence nmN 89° 08' I1" W along said south ~ for 15.00 feet to a ~ parallel wfih and 35 ~ westerly fxom (as resinsured on a perpe~_ _ieular) t!~ ~ Line of~id Tract O; thence run N 00° 32' 27" E for 582.58 f~t; ttume~ run N 44° 22' 18" W for 86.76 ~t to the west l/he or,aid Tract O being also the west Line of said record plat; thence nm N 01° 39' 00" W along said west line for 15.42 feet to th~ PoinI of Beginning. .Containing 10,708 square f~et more or k:ss or 0.25 acres more or I~s. Besxings hereinabove mentioned ~ th~ north ~ of tim northwest quarter 1/4) of Section 27 to be S 89° 04' 03" E. ProfessJotul Land Surveyor Florida Cc-rtificale No. 4052 (For th~ Firm: LB 6773) l~vision: 4/21Id00 Sheet 3 of 3 AU{ 0 1 2000 [ EXHIBIT "B" PROJECT: Immokalee Road - 30" Force Main PARCEL: 904 FOLIO: 29331190644 coPY GRANT OF EASEMENT THIS GRANT OF EASEMENT, made and entered into this day of , 2000, by (:;REEKSIDE WEST, INC., a Florida corporation, whose mailing address Is 2600 Golden Gate Parkway, Suite 200, Naples, Flodda, 34105, as Grantor to 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, 3301 East Tamiaml Trail, Naples, Flodda 34112, its successors and assigns, as Grantee. " (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this easement and their 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 utility installation ant maintenance purposes under, upon and across the following described lands located in Collier County, Florida, (hereinafter referred to as the "Property").to wit: See attached Exhibit "A" which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. THIS PROPERTY IS NOT HOMESTEAD. TO HAVE AND TO HOLD the same unto the Grantee, together with the dght to enter upon said Property and place, excavate, and/or remove materials for the purpose of constructing, operating and maintaining utility facilities thereon, subject to the following use restrictions. Grantee's use of the Property will be restricted to the below-ground installation of a 30 inch diameter sewer force main (hereinafter referred to as 'Proposed Improvements'), and the rapair and maintenance thereof from the surface of the Property from time to time.. Grantee shall circumvent Grantor's 6 inch lake recharge well located on the Property dudrig the construction and installation of the Proposed Improvements. Grantor permits no other utility faclliUes to be Installed by Grantee. Grantee's acceptance of the Property cdnstitutes agreement to restore and repair to its pre-exlsttng condition, at Grantee's sole expense, any and all damages to landscaping, lighting, signage, and any and all other Improvements, which may occur from the installation of the Proposed Improvements, and to rastrlct all access to the Property for rapair and maintenance from Creekside Boulevard as defined In the proposed plat of Creekside Commerce Par~ West, Unit Two. Routine maintenance thereafter of any and all landscaping, lighting, signage, and any and all other improvements located upon the Property shall be the responsibility of the Grantor. All uses of the Property not in conflict with the Installation, operation and maintenance of the Proposed Improvements are reserved to the Grantor, except that the Grantor shall plant no trees on the Property' n°r within eight (8' feet °' the Pr°p°sed 'mpr°vements' Gi ar@ used for singular or plural, as the context requires. The easement granted herein shalJ constitute an easement running with the land and shall burden the Property descdbed above. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. WITNESSES: CREEKSIDE WEST, INC., a Fioriaa corporation Witness Pdnt Name Witness Print Name BY:. (Pdnt Name and Tide) STATE OF COUNTY OF The foregoing Grant of Easement was acknowledged before me this day of , 2000, by , on behalf of the Corporation. He is personally known to me or has produced as identification and did not take an oath. (Seal) Notary Public My Commission Expires: EXHIBIT DESCRIPTION TRACT O, CREEKSIDE COMMERCE PARK WEST-UNIT ONE STRAP NO. 253900013A27, CREEKSIDE WEST, INC. A tract or parcel of land for a utt~y easement lying in Tract O, Creekside Commerce Park West-Unit One, as shown on plat recorded in Plat Book 29, Pages 57 an_d 58, Collier County Records, Section 27, Township 48 South, Range 25 East, Collier County, Florida being more parric)~l~rly descn'bed as follows: Beginning at the northwest comer of said Tract O run S 89° 17' 04" E aiong the south r~ne of Creekside Parkway (Tract R) as shown on said plat for 13.51 feet; Thence run S 44° 22' 18" E for 89.71 fe=t to an intersection with a line parallel with and 20 feet westerly from (as measured on a perperu'licular) the e~st line of said Tract O being also the west line of an axisting County Utility Sidewalk Easement (20 feet wide); thence run S 00° 32' 27' W along said line for 595.95 feet to the south line of said Tract O; thence run N 89° 08' 11" W along said south line for 15.00 feet to a line parallel with and 35 feet westerly from (as measured on a perpentiicn!ar) the east line of said Tract O; thence nm N 00° 32' 27" E for 582.58 feet; thenc~ run N 44° 22' 18" W for 86.76 feet to the west line of said Tract O being also the west line of said record plat; thence run N 01° 39' 00" W along said west line for 15.42 feet to the Point of Beginning. Containing 10,708 square feet more or less or 0.25 acres more or less. Bearings hexeinabove raenti~nexl assum~ the north li~ of th~ northwesx quarter (NW- I/4) of Section 27 to 1~ S 89° 04' 03" E. Pro--hal l'.~.d Surveyor Florida C~dfr. at¢ No. 4052 (For the Firm: LB 6773) R=vi~n: 4/28/00 Sheet 3 of 3 PROJECT: Immokalee Road - 30" Force Main PARCEL: 903 FOLIO: 00160040601 COPY AGREEMENT TO CONVEY EASEMENT THIS AGREEMENT TO CONVEY EASEMENT (hereinafter referred to' as the "Agreement") is made and entered into by and between OCEAN BOULEVARD PARTNERSHIP II, a Fiodda general partnership, whose mailing address is 2600 Golden Gate Parkway, Suite 200, Naples, Florida, 34105, (hereinafter referred to as "Owner"), and BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFIClO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, its successors and assigns (hereinafter referred to as "Purchaser"), whose mailing address is 3301 Tamiami Trail, Naples, Flodda 34112; WHEREAS, Purchaser requires, and is willing to condemn, a perpetual, non- exclusive easement for utility installation and maintenance purposes under, upon and across the lands described In Exhibit "A" (said easement hereinafter referred to as the "Property"), which is attached hereto and made a part of this Agreement; WHEREAS, Owner desires to convey the Property to Purchaser for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the Property; WHEREAS, the parties acknowledge and agree that the property may continue to be used by Owner to fulfill landscape buffer requirements imposed by land use laws, permits and approvals, both existing and those placed in effect hereafter, with respect to the property; NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. Owner shall convey the Property to Purchaser for the sum of $5,389.00 payable by County Warrant (said transaction hereinafter referred to as the "Closing"). Said payment shall be full compensation for the Property conveyed, including any and all costs and expenses incurred by Owner in connection with this Agreement, except as otherwise specifically set forth herein, and all of its terms, conditions, provisions and obligations, and for any and all severance damages to Owner's remaining properly. 2. Portions of the Property and any lands adjacent to the property that have already have been improved and landscaped, and which are damaged due to the construction and installation of the 30 inch diameter sewer force main (hereinafter referred to as the "Proposed Improvements"), will be restored by the purchaser to match conditions existing prior to said construction and installation. 3. Purchaser will impose no restrictions on locations for lighting, signage, or shrub plantings within the property, other than those outlined in Paragraph 5. 4. Purchaser shall fumish Owner with final construction plans and as-built construction plans for the Proposed Improvements (a/k/a PWED Project No. 73943). 5. Owner shall plant no trees within eight (8) feet of the Proposed Improvements. 6. Owner has the right to cross the Property and the Proposed Improvements to install a 36 inch storm sewer. AO6 0 I 2000 Easement Agreement Page 2 Parcel No. 903 7. Access to the Property by Purchaser for the installation and maintenance of the Proposed Improvements shall be from Creekside Way. 8. Maintenance of all landscaping shall be the sole responsibility of Owner. Any damage to the property and landscape buffer resulting from the Proposed Improvements construction or maintenance activities, or damages that otherwise would not have occurred if the force main was not in the landscape buffer, will be the responsibility of the Purchaser. 9. Construction of other Purchaser utilities within the utility easement and landscape buffer, other than connections to the Proposed Improvements, will not be allowed by Owner. This will be a restricted use utility easement. Owner reserves dghts to use the easement for irrigation, landscape and all other uses that do not violate dghts otherwise granted by Owner to Purchaser. 10.This Agreement shall be null and void, and of no further rome or effect, unless Closing shall occur within sixty (60) days from the date Purchaser executes this Agreement; provided; however, that Purchaser shall have the unilateral dght to extend 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 Purchaser's enjoyment of the Property. At Closing, Purchaser shall deliver the County Warrant to Owner and Owner shall deliver the conveyance instrument to Purchaser in the form attached as Exhibit "B". 11.Owner is aware and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 12. Purchaser shall be responsible for paying any costs and/or fees associated with the securing and recording Subordination, Consent & Joinder of Easement of the mortgage(s) recorded against the Property from the mortgagee(s). The cost of a title commitment shall be paid by Purchaser. 13.This Agreement, and the terms and provisions hereof, shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of, and be binding upon, the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 14.Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and this written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other pdor or contemporaneous written or oral agreements, undertakings, promises, warrantieS, or covenants not contained herein. 15.1f the Owner holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoeve~ for others, Owner shall make a written public disclosure, according to Chapter 286, FIodda Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before the Property held in such capacity is conveyed to Purchaser, its successors and assigns. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Flodda Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 18.This Agreement is governed and construed in accordance with the laws of the State of Florida. Easement Agreement Page 3 Pm'cel No. 903 IN WITNESS WHEREOF, the parties hereto have executed this Agreement this __ day of ,2000. Date Property acquisition approved by BCC: May 23, 2000 - Resolution No. 2000-165 Agenda Item No. 8B(2) AS TO PURCHASER: DATED: ATTEST: DWIGHT E. BROCK, Clerk Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT .¢~'p ~/ BY: !",.~' '~ c ~. Timothy J. Constantine, Chairman AS TO OWNER: DATED: WITNESSES: OCEAN BOULEVARD PARTNERSHIP II, a Flodda general partnership Witness Pdnt Name WRness Pdnt Name Witness Pdnt Name W'rtness Print Name BY: Paul J. MarineIll, as Attorney in Fact and Administrative Agent for the Partnership BY: Juliet C. Sproul, as Attomey in Fact and Administrative Agent for the Partnership Approved as to form and legal sufficiency: Thomas Palmer Assistant County Attomey AUG o I 2ooo J SKETCH TO ACCOMPANY DESCRIFI'ION UTIUTY ~TS ALONG ~ COlaMERCE PARK ~ UNIT ONE P!] 29, P~ 57 5a SECTION 27, TOM~ISI. NP 4,8 SOUTH. RANGE 25 EAST, COLUER COUNTY. FLORIDA S1R, AP No. 482.527013.0003A27. OCEAN BOULEVARD PAR3NERSHIP, II DESIGN AND IMPLEMENTATION OF 30-iNCH PARALLEL SEWER FORCE MAIN PART OF OR 2009, PAGE 1568 Io_. < STRAP No. 4.82527013.0005A27 OCEAN BOULEVARD PARTNERSHIP, II PARENT PARCEL REMAINDER 4-39.44. Ac* PkI~£L FOLIO S 44.'22'18' E 14.74.' On LdZ C) (CR REV. 1: CHANGE BOUNDARY OF EASEMENT, 4./28/00 *ACREAGE OF PARENT P^RCE/. IS NET OF UTIUTY EASEMENT SHOIM~t ONLY. SUR,~mee ~D u,qPpnqe I SCALE ~eoo COLC~AL BOULEVARD. sun~ 2. FORT hl,,,.~!~ FL.ORIDA .~391AI S~E~-r SECTION 27. TOWN.lIP 48 SOUTH, RANGE: 25 EAST, C(IUJER COUNTY, F1J~DA DESIGN AND IMPLEMENTATION OF 50-INCH PARALLEL SEWER FORCE MAIN 1. THIS SKETCH IlS NOT A SURVEY. NOR IS IT VALID WITHOUT THE ATTACHED DESCRIPTION. ~ MONUMENTS SHOWI~I ~ LOCATED DURING FII=l n SUR~-YS EXECUTEDBY THIS RRMFROM 9--30-98 TO 10-14--99 4. INb-'TRUMENTS REFERENCED ARE OF COLMER COUNTY RECC~D~ 5. BEARING BAilS I$ FOR THE NORTH MNE OF THE NW/~ OF SECTION 27 TO BEAR $89~'03'F- 6. THE LOTS, TRACTS AND STREETS SHOWN FOR CREEKSIDE COMMERCE PARK, UNIT TWO ARE FROM' DIGITAL CADO FILES FROM JOHNSON ENGINEERING, INC. EXHIBIT DESCRIPTION ~LCC~ ~ ~ C~ O'~ UTU.2TY EASEMENT - STRAP NO. 4~252'7013.0003A2.7, OCEAN BOULEVARD PARTNERSHIP, A tract or parcel of land for a utility casemere lying in Scction 27, Townsh/p 48 South, Range 25 East, Collicr County, Florida bcing more particularly d~ as folk)ws: Co,,)m~ncing at the/ntcrsection of the south l/he ofknn~kal~ Road (C.R. 846) and the west line of Creekside Way (Tract R) a~ shown on plat of Crcek,idc Commerce Park West-Unit One recorded in Plat Book 29, Pages 57-58 of the Public Records of Collier County, Florida; thence run $ 01° 39' 00" E for 20.02 feet along the said West Free of Crccksidc Way;, Thence runN 89°04'03" W for 21.06 feet to the Point of Beg~nnin~. From said Point of Beginning nm N $9° 04' 03" W along said sotrth side of I~l~alee Road for 28.94 feet; then~ rtm S 45° 21' 07" E for 57.g2 ~et to an intersection with line pamll~l with and 10 Met westerly fi'om (as mcamn'cd on a pcrpend~ular) said west line of Crceksidc Wax tl~ncc run S 01° 39' 00" E along said parallel l~ne for 303.27 feet; thence run S 44~ 22' 18" E for 14.74 feet to a southerly prolongation of said west ~ of Crcckaidc Way and the we.~t line of said Creclm'~de Commm'ce Park West-Unit One; thence rim N 01° 39' 00" W along said west line and the west line of said Crecl~idc Way for 332.58 feet; Thence run N 45° 21' 07" W for 30.45 feet to the Point of Beginning. Containing 4,062 squarc ~t marc or le~ or 0.09 acres more or less. Bearings hm'cinabovc mmXion~ assum~ th~ north line of the northwest quarter (lqW,- 1/4) of Section 27 to Im S 89° 04' 03" E. Professional -Land Surveyor Flodda Certifimte No. 4052 (For t~ Firm: LB 6773) Revision: Sheet 3of 3 2000 EXHIBIT "B" COPy PROJECT: Immokalee Road - 30" Force Main PARCEL: 903 FOLIO: 00160040601 GRANT OF EASEMENT THIS GRANT OF EASEMENT, made and entered into this day of , 2000, by OCEAN BOULEVARD PARTNERSHIP II, a Flodda general partnership, whose mailing address is 2600 Golden Gate Parkway, Suite 200, Naples, Flodda, 34105, as Grantor to BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFF!ClO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, 3301 East Tamiami Trail, Naples, Florida 34112, its successors and assigns, as Grantee. (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this easement and their 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 utility Installation and maintenance purposes under, upon and across the following described lands located in Collier County, Flodda, (hereinafter referred to as the "Property") to wit: See attached Exhibit "A" which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. THIS PROPERTY IS NOT HOMESTEAD. TO HAVE AND TO HOLD the same unto the Grantee, together with the right to enter bpon said Property and place, excavate, and/or remove materials for the purpose of constructing, operating and maintaining utility facilities thereon, subject to the following use restrictions. Grantee's use of the property will be restricted to the below- ground Installation of a 30 inch diameter sewer force main hereinafter referred to as "Proposed Improvements'), and the repair and maintenance thereof from the surface of the Property from time to time. Grantor permits no other utility facilities to be installed by Grantee, other than connections to the proposed Improvement. Grantee's acceptance of the Property constitutes agreement to restore and repair to its pre- existing condition, at Grantee's sole expense, any and all damages to landscaping, lighting, signage, and any and all other improvements, which may occur from the installat]on and the repair and maintenance of the Proposed Improvements, and to restrict all acces~ to the Property for repairs and maintenance from Creekside Way. No restrictions will be imposed upon the Grantor by the Grantee on locations for lighting, signage or shrub plantings within the property. Routine maintenance thereafter of any and all landscaping, lighting, signage, and any and all other Improvements located upon the Property shall be the responsibility of the Grantor. Owner has the fight to cross the Property and the Proposed Improvements to install a 36 inch storm sewer.. All uses of the Property not In conflict with the installation, operation and maintenance of the PrOposed Improvements are reserved to the Grantor, except that the Grantor shall plant Grantor~a~'~A . , used for singular or plural, as the context requires. The easement granted t~erein shall constitute an easement running with the land and shall burden the Property described above. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. Signed, Sealed and Delivered in the Presence of: OCEAN BOULEVARD PARTNERSHIP II, a Flodda general partnership Witness Pdnt Name Witness Pdnt Name BY: Lamar Gable, as a Partner of Ocean Boulevard Partnership II BY: ClTRUST, a Louisiana general partnership, as a general Partner of Ocean Boulevard Partnership II Witness Print Name Witness Pdnt name BY: Christopher D. Villere, as a general Partner of Citrust Witness Pdnt Name Witness Print name BY: Mathilde V. Curfence f/ida Mathllde B. Villere, as a general Partner of Cltrust Witness Pdnt Name Wltnesa Pdnt Name BY: Lamar G. Villere, as a general Partner of Cltrust Witness Print Name Witness Print Name Witness Pdnt Name Witness Print Name Witness Pdnt Name Witness Pdnt Name BY: GIFT PARNERSHIP, a FIodda general Partnership, as a general Partner of Ocean Boulevard Partnership II BY: Katherine G. Sproul, as a general Partner of Gift Partnership BY: Jennifer V. Sprout, as a general Partner of Gift Partnership BY:. Julie A. Sproul, as a general Partner of Gift Partnership Witness Pdnt Name Witness Print Name W~ss Print Name Witness Print Name BY: BARRON G. COLLIER IV IRREVOCABLE TRUST, as a general Partner of Ocean Boulevard Partnership II BY: Juliet C. Sproul, as Trustee BY: ALEXANDRA EDEN COLUER IRREVOCABLE TRUST as a general Partner of Ocean Boulevard Partnemhip II BY: Juliet C. Sproul, as Trustee AUG 0 1 2000 Witness Pdnt Name Witness Pdnt Name BY: LARA CHRISTINA COLLIER IRREVOCABLE TRUST as a general Partner of Ocean Boulevard Partnership Jl BY: Juliet C. Sproul, as Trustee STATE OF COUNTY OF The foregoing easement was acknowledged before me this day of__ ,2000, by Lamar Gable, as a General Partner of Ocean Boulevard Partnership Jl, a Flodda general partnership, on behalf of the Partnership.He is personally known to me or has produced as identification and did not take an oath. (Notary Seal) Notan/Public Printed name: My Commission Expires: STATE OF COUNTY OF The foregoing easement was acknowledged before me this ... day of__ ........ 2000, by Chrlmopher D. Villere, as a General Partner of Citrust, a Louisiana general partnership, on behalf of the Partnership in its capacity as a General Partner of Ocean Boulevard Partnership II, a Florida general partnership, on behalf of the Partnership. He is personally known to me or has produced .... as identification and did not take an oath. (Notary Seal) Notary Public Pdnted name:. My Commission Expires: STATE OF COUNTY OF The foregoing easement was acknowledged before me this day of__ , 2000, by Mathilda V. Currance, f/k/a/ Mathfide B. Villere, as a (~eneral Partner of Cltrust, a Louisiana general partnership, on behalf of the Partnership In its capacity as a General Partner of Ocean Boulevard Partnership Jl, a Florida general partnership, on behalf of the Partnership. She is personally known to me or has produced es identification and did not take an oath. (Notary Seal) Notary Public Pdnted name:. My Commission F.~fl!tl~; 8~ATE. OF COUNTY OF The foregoing easement was acknowledged before me this day of__ , 2000, by Lamar G. Villere, as a General Partner of Citrust, a Louisiana general partnership, on behalf of the Partnership in Its capacity as a General Partner of Ocean Boulevard Partnership II, a Flodda general partnership, on behalf of the Partnership. He is personally known to me or has produced as identification and did not take an oath. (Notary Seal) Notary Public Printed name: My Commission Expires: STATE OF COUNTY OF The foregoing easement was acknowledged before me this __ day of__ · 2000, by Katherine G. Sproul, as a General Partner of GI~ Partnership, a Ftodda general partnership, on behalf of the Partnership in its capadrty as a General Partner of Ocean Boulevard Partnership Jl, a Flodda general partnership, on behalf of the Partnership. She is personally known to me or has produced as identification and did not take an oath. (Notary Seal) Notary Public Pdnted name: My Commission Expires: STATE OF FLORIDA COUNTY OF COLLIER The foregoing easement was acknowledged before me this day of__ , 2000, by Jennifer V. Sproul, as a General Partner of Gift Partnership, a Florida general partnership, on behalf of the Partnership in its capacity as a General Partner of Ocean Boulevard Partnership II, a Florida general partnership, on behalf of the Partnership. She Is personally known t~ me or has produced as identification and did not take an oath. (Notary Seal) Notary Public Printed name: My commission Expires: o, I STATE OF COUNTY OF The foregoing easement was acknowledged before me this _day of~ ,2000, by Julie A. Sproul, as a General Partner of Gift Partnership, a Florida general partnership, on behalf of the Partnership in its capacity as a General Partner of Ocean Boulevard Partnership II, a Florida general partnership, on behalf of the Partnership. She is personally known to me or has produced as identification and did not take an oath. (Notary Seal) Notary Public Printed name: My Commission Expires: STATE OF FLORIDA COUNTY OF COLLIER The foregoing easement was acknowledged before me this .. day of~ 2000, by Juliet C. Sproul, as Trustee of Barron G. Collier IV Irrevocable Trust, on behalf of the Trust, as a General Partner of Ocean Boulevard Partnership II, a Flodda general partnership, on behalf of the Partnership.She is personally known to me or has produced as identification and did not take an oath. (Notary Seal) Notary Public Pdnted name:. My Commission Expires: STATE OF COUNTY OF The foregoing easement was acknowledged before me this day of__ , 2000, by Juliet C. Sproul, as Trustee of Alexandra Eden Collier Irrevocable Trust, on behalf of the Trust, as a General Partner of Ocean Boulevard Partnership II, a Florida general partnership, on behalf of the Partnership.She is personally known to me or has produced as identification and did not take an oath. (Notary SeN) STATE OF COUNTY OF Notary Public Printed name: My Commission Expires: The foregoing easement was acknowledged before me this . day of~ , 2000, by Juliet C. Sproul, aa Trustee of Lain Christina Collier Irrevocable Trust, on behalf of the Trust, as General Partner of Ocean Boulevard Partnership 11, a Florida general partnership, on behalf of the Partnemhip. She is personally known to me or has produced as Identification and did not take an oath. (Notary Seal) &pWov~! as to forn~ le~l Notary Public Pdnted name:. My Commission Explfs: / SI~I'CH TO ACCOI/PANY DESC~ON UTILITY ~TS ALONG C:REEKSi~ COMMERCE PARK tilEST UNIT ONE Pt~ 2g, lags 57 58 SECTION 27. TOttlNSHIP 48 SOUTH. RANGE 25 EAST. COLUER COUN'IY, FLORIDA DESIGN AND IMPLEMENTATION OF 50-iNCH PARALLEL SEWER FORCE MAll _;_L~q~O? P0C D£SC.-~ IMMOKA! rE: ROAD ' 28.94' ~- ' .2~ ~ ~-s 01'39'00" E EXHBn'.. "~:~=-~'/,J I \ . · / /;~ '-~.o~' 57.82/ I ' PART OF OR 2009, PAGE 1568 STRAP No. 4-82527013.0005A27 OCEAN BOULEVARD PARTNERSHIP, II PARENT PARCEL REMAINDER -I-39.44. Ac* PARCEL FOLIO I J I I S 44'22'18' E 14.74-'-~ (CR O. . 0(I3 OCt. hiw FEB. 19, 200( SCAIr 0 1 2000 PG. 04::7 SURVEYING AND MAPPING 3900 COLONIAL BOULEV~, sur!E 2, FORT MYERS, FLORIDA 33912 PHOI~ (94.1)277--0722 FAX: (94.1)277-7179 I~NI.: SURVEYORIX~Z~ER.~ dF.~ri~EY Co COONER AND ASSOCIA~S, INC. REV. 1: CHANGE BOUNDARY OF EASEMENT, 4/28/00 *ACREAGE OF' PARENT PARCEL IS NET OF UTIUTY ~ENT SHOWN ONLY. DESIGN AND IMPLEMENTATION OF 30-INCH PARALLEL ~'~r~' ~ = ASlWI~? .... ..__ - --,,-,, rv~,~ MAIN BP -- BIKE PATH -BRIDGE - Bo'r111~l oF BANK -CHORD "CORRUOATED Pt.AS'110 PIPE: D ' DE~D (3R DELTA ANGLE - DRIJ. H~.E EP ' EDGE OF PAYMENT F "' Rlq n OR MEASURED FH - Irl~ HYDRANT FPJt. - ~ POttER AND U~HT INV - ~ L ' LDIG~ w - .~, w,~..EXHIBIT '~" PAVT -- PAIE]4ENT P -- PLAT - PAGE~ - PaRKeR KA'~ON NaIL - mOHT-OF-WA¥ - smEL.- - TANOENT - ~ T.V. m~X ~ + - UC~RE: 1. THIS SKET~ IS NOT A SUR~-Y. NOR IS IT VAUD WITHOUT THE ATTACHED DESCRIPTION. 3. MONUMENTS SHO~N WERE LOCATED DURING FIF1 n SURVEYS EXECUTED BY THIS FIRM FROM g-30-ee TO ~0-~4--g9 4, mSTRU~TS m~'ERENC~D ~E O~ COUJE~ COUNTY R~CO~D~ 5. BF-~RING BASIS IS ~OR THE NORTH LJNE OF THE NW/~ OF SECTION 27 TO 8EAR e. 3HE LOTS, m^cTs ~go STREETS SHOWN FOR C~EEK~D£ COMaERCE: P~K, UNiT TWO ARE FRED4, DIaTAL C,~30 'fiLES ~OU JOHNSON ENG~E~ING, --, ,J~Y'FRE'Y G. GOONER AND ASSOCIATES, INC. SURVEYING AND MAPPING ~ t~Uz//--0722 FAX: (g'H)277-717g B4AIL: SUR~'YOR COORE~GOM OCT 14, lggg NO. AUG o 1. 2ooo p~. PROJECT: lmmokalee Road - 30" Force Main P/~RCEL: 909 FOLIO: 00167920007 & 00168042201 COPY AGREEMENT TO CONVEY EASEMENT THIS AGREEMENT TO CONVEY EASEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between CREEKSIDE WEST, INC., a Flodda corporation, whose mailing address is 2600 Golden Gate Parkway, Suite 200, Naples, Flodda, 34105, (hereinafter referred to as "Owner"), and BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFIClO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, its successors and assigns (hereinafter referred to as "Purchaser"), whose mailing address is 3301 Tamiami Trail, Naples, Flodda 34112; WHEREAS, Purchaser requires, and is willing to condemn, a perpetual, non- exclusive easement for utility installation and maintenance purposes under, upon and across the lands described in Exhibit "A" (said easement hereinafter referred to as the "Property"), which is attached hereto and macle a part of this Agreement; WHEREAS, Owner desires to convey the Property to Purchaser for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the Property; NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: Owner shall convey the Property to Purchaser for the sum of $12,472.00 payable by County Warrant (said transaction hereinafter referred to as the "Closing"). Said payment shall be full compensation for the Property conveyed, including any and all costs and expenses incurred by Owner in connection with this Agreement, except as otherwise specifically set forth herein, and all of its terms, conditions, provisions and obligations, and for any and all severance damages to Owner's remaining property. Portions of the Property and any lands adjacent to the property that have already have been improved and landscaped, and which are damaged due to the construction and installation of the30 inch diameter sawer force main (hereinafter referred to as the "Proposed Improvements'), will be restored by Purchaser to match conditions existing pdor to said construction and installation. Purchaser shall furnish Owner with final construction plans and as-built construction plans for the Proposed Improvements (a/ida PWED Project No. 73943). Owner shall plant no trees within the Property nor within eight (8) feet of the Proposed Improvements. Maintenance of all landscaping shall be the sole responsibility of Owner. Any damage to the property and landscape buffer resulting from Proposed Improvements construction or maintenance activities, or damages that otherwise would not have occurred if the Proposed Improvements was not in the landscape buffer, will be the responsibility of the Purchaser. Construction of other Purchaser utilities within the utility easement and landscape buffer, other than connections to the Proposed Improvements, will not be allowed by the Owner. This will be a restricted use utility easen ~ 0 I~ NO... Easement Agreement Page 2 Parcel No. 909 reserves rights to use the easement for irrigation, landscape and all other uses that do not violate rights otherwise granted by Owner to Purchaser. 7. Access to the Property by Purchaser for the installation and maintenance of the Proposed Improvements shall be from Creekside Boulevard as defined in the proposed plat of Creekside Commerce Park West, Unit Two. 8. Pdor to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, other than those which may be held by South Florida Water Management District, the execution of such instruments which will remove, release or subordinate such encumbrances from the Property upon their recording in the public records of Collier County, Florida. Owner shall provide such instruments, properly executed, to Purchaser on or before the date of Closing. The cost to obtain such instruments shall be reimbursed to the Owner by the Purchaser. 9. This Agreement shall be null and void, and of no further force or effect, unless Closing shall occur within sixty (60) days from the date Purchaser executes this Agreement; provided; however, that. Purchaser shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, propedy executed, which either remove, release or subordinate any and all such liens, encumbrances or qualifications affecting Purchaser's enjoyment of the Property. At Closing, Purchaser shall deliver the County Warrant to Owner and Owner shall deliver the conveyance instrument to Purchaser in the form attached as Exhibit "B". 10.Owner is aware and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Flodda. '11. Purchaser shall be responsible for paying any costs and/or fees associated with the secudng and recording a Subordination, Consent & Joinder of Easement of the mortgage(s) recorded against the Property from the mortgagee(s). The cost of a title commitment shall be paid by Purchaser. 12. This Agreement, and the terms and provisions hereof, shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of, and be binding upon, the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits.- 13. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and this written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other pdor or contemporaneous wdtten or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 14. If the Owner holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Flodda Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before the Property held In such capacity is conveyed to Purchaser, its successors and assigns. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Flodda Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Flodda Statutes.) 15.This Agreement is governed and construed in accordance with the laws of the State of Florida. AUG 01 000 J Easement Agreement Page 3 Parcel No. 909 IN WITNESS WHEREOF, the parties hereto have executed this Agreement On this __ day of ,2000. Date Property acquisition approved by BCC: May 23, 2000- Resolution No. 2000-165 Agenda Item No. 8B(2) AS TO PURCHASER: DATED: ATTEST: DWIGHT E. BROCK, Clerk Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT COPY 'r-~mothy J. Constantine, Chairman AS TO OWNER: DATED: WITNESSES: Witness Pdnt Name Witness Pdnt Name CREEKSIDE WEST, INC., a FJodda corporation BY: (Pdnt Name and 'l-~tle) Approved as to form and legal sufficiency: Thomas Palmer Assistant County Attorney DESIGN B~ ~CO~~[Y D~~O N IMPLEMENTATION OF 50-INCH PARAl:llrL SEWER FORCE; AND CB=N85'I .1.9'52'58" £. 28.7g' R'=I C=4 Q L--10. !UTILITY EASEMENT PROPOSED LOT 11 Project.: 73943 Parcel: 909 Folio: 00167920007 pRoPOSED .CREEKSIDE ... (TRACT R) R-35.00 D= 57'22'17' C~---.N31 '46'54'W STRAP No. L-22.85' 4-82527018.0005A27 CREEKSIDE WEST, INC. PARENT PARCEL REMAINDER + 8.74- Ac" POC PROPOSED TRACT 0,3 CREEKSIDE COMMERCE PARK WEST - UNIT TWO PB 2g, PGS. 57 & 58 MAIN o o , .... *ACREAG!~ OF PARENT pARr~ iS NET OF U'I1LI'TY E.,*~'~rML~NT .~'~0~4~ ONLY.. '"" JEFFREY C. COONEE AND' ASSOCIATES, INC. ,~,~. ~,~. 2000 BKE'2C TO ACCOMPANY' DE I OTION DESIGN AND IMPLEMENTATION OF 50-INCH PARALLEL SEWER ,. CX~LrlE MMItI~¥ - 13~EI) CII n~.TA .4~IGLE - hilt ~Y EP - EDGE CIr PAWIdEMT ELEV - ELLrV&11ON IP&~ - IMN PIPE & OAP IR - liON IMO ,. IKIN IMO & CaP PAVI' - PAVBdGIT. ~ "IqC NNL PK&D - PlC NNL & 0IBC I' "fLAT JuO~ "PAGES R Ii~ - Ri~WAY FORCE IdAIN 1. 11-11S SKETCH IS NOT A SURVEY. NOR IS IT VALID WITHOUT THE ATrACHEDDESCRIP'TION. 3. MONUMENTS SHOMI M[R[ LOCAI~D DURING FIELD SURq~"YS EXECtJ'FED BYTHIS RRM FROM 9--3Q--Ig3 TO 10-14.--99 5. DEAliNG BASIS 15 FOR THE NORTH UNE OF THE NW/4 OF SECTION 27 TOBEAR S89'04'05"E. 6. THE, LOTS, TRACTS AND S1REETS SHOWN FOR CREEKSIDE COMUERCE PARK, UNIT TWO ARE: FROM DIGITAL CADD RLES FROM JOHNSON ENGINEERING, INC. DsS~mPT~ON urrmrrYF. SMmrr-rc,.l TINCT C _- sms WSST-uNrr TWO STRAP NO. 4~2S2701S.0003A27. CI~I~RIDE V~$T, INC. A trot or parc~ ofl.-d for a utilky ~snn~nt lying in proposed Tr~ 03, ~e Commerce Park West-Unit Two, Se~tinzt 27, Tow~hip 48 $ou~ Range 25 East, Collier Comity, Florida ~ more l:mrtiolla~ de~rl'bed as followa: (Tract R) onthc w~t ~ of Goodl~,-Frank Road (C.R. S~l) said point of ~urvature bein8 also on the easmrly line of said Tra~t 03 mn northwestn'ly alon8 the cm'ved nonheastn'ly line orsrid Tnu:t 03 on an ar~ ofa ~wve to the left ofradita 35.00 (delta 45° 35' 05") (chord 27. I2 feet) (chord bearin~ N 27. 40' 31~ W~ for 27.115 flint to an intm-secfion with th~ south [in~ of a proposed ~__m_'li_ty eaamnent (10 fe~t wide) and the Poim of Becoming. From ~id Point of Be~nnin~ run S 8~° 0T 02~ W ~!o~ the muth line of ~id for 34~.78 fi~ to a point afcurvam~ thence continue ~1on~ the south line of~id e~.mcn~ on an trc of a curve tn the ri~ ~fradiu~ 11~.00 fee~ (de~ 01° 29' (~x~d ~0. S4 fee0 (~_~d ~ N 11f° 5~' ~ E) for ~0. S4 fe~; ~ run S 49° 5S" E for 2~.79 f~t to an imersecl:ton with a line 30 fm ~ from (a~ n~uured on a lm]~licul~r) and p~ilel with tl~ line c~,,,,~n to ~id propreed Tram 03 ~l R; thm~ run es~terly ~lon~ said p~dlel line on ~m arc afa curve to the left ofradiu~ 1208.00 fret (delt~ 0° 29' 50") (c,~mrd 10.48 feet) (chord bmrin~ N 85° 21' 57' E) fur 10.4~ ~ to ~ point oftan6~T. ~ run N 115° 07' 02" E alon~ said parallel litre fnr 358.93 f~t to said ~trved northeast~ lin~ of Trs~t 03; thence run sion6 said ~trvod line on an an: of a curve m t!~ le~t of radius 35.00 f-e~t (delta 37' 22' 17") (chord 22.43 fi~t) (c,h~rd bearing N 31° 46' 54' W) for 22.83 f~-t to th~ Point of Bn~innins. Containi~ 7,517 square ~ nm~ or l~m or 0,17 m more or h:aa. Bearinss hm'einabove mentioned assumes the north line of the. nomm'est quarter (NW- 1/4) of Se~on 27 to be S 89* 04' 03" F.. Pmfe. ssional Land Serveyor ~ Cort/ficsm No. 4052 ~For thn F~m: LB 6773) EXHIBIT "B" PROJECT: lmmokalee Road - 30" Force Main PARCEL: 909 FOLIO: 00167920007 & 00168042201 GRANT OF EASEMENT THIS GRANT OF EASEMENT, made and entered Into this day of , 2000, by CREEKSIDE WEST, INC., a Flodda corporation, whose mailing address is 2600 Golden Gate Parkway, Suite 200, Naples, Florida, 34105, as Grantor to BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFIClO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRACT, 3301 East Tamiami Trait, Naples, Flodda 34112, its successors and assigns, as Grantee. (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this easement and their respective heirs, legal representatives, successors and assigns.) W ITN ES SETH: Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, the racelpt 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 utility installation and maintenance purposes under, upon and across the following described lands located in Collier County, Flodda, (herel.naffer referred to as the "Property") to wit: See attached Exhibit "A" which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. THIS PROPERTY IS NOT HOMESTEAD. TO HAVE AND TO HOLD the same unto the Grantee, together with the dght to enter upon said Property and place, excavate, and/or remove materials for the purpose of constructing, operating and maintaining utility facilities thereon, subject to the following use restrictions. Grantee's use of the property will be restricted to the below-ground installation of a 30 inch diameter sewer force main (hereinafter referred to as the 'Proposed Improvements'), and the repair and maintenance thereof from the surface of the Property from time to time. Grantor permits no other utility facilities to be installed by Grantee. Grantee's acceptance of the Property constitutes agreement to restore and repair to its preexisting condition, at Grantee's sole expense, any and all damages to landscaping, lighting, signage, and any and all other Improvements, which may occur from the installation of the Proposed Improvements, and to restrict all access to the Property for repair and maintenance from Creekside Boulevard as defined In the proposed plat of Creekside Commerce Park West, Unit Two. Routine maintenance thereafter of any and all landscaping, lighting, signage, and any and all other improvements located upon the Property shall be the responsibility of the Grantor. All uses of the Property not In conflict with the installation, operation and maintenance of the Proposed Improvements are reserved to the Grantor, except that the Grantor shall plant no trees on the Property, nor within eight (8) feet of the Proposed Improvements. Grantor and Grantee are used for singular or plural, as the context o 1 2000 easement grantec~ herein shall constitute an easement running with the land and shall burden the Property described above. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above wdtten. WITNESSES: Witness Print Name Witness Pdnt Name CREEKSIDE WEST, iNC., a Florida corporation BY: (Print Name and Title) STATE OF COUNTY OF The foregoing Grant of Easement was acknowledged before me this day of , 2000, by , on behalf corporation. He is personally known to me or has produced as identification and did not take an oath. of the (Seal) Notary Public My Commission Expires: I AUG o 2ooo i DESIGN AND IMPLEMENTATION OF 50-INCH PARALLEL SEWER SKL"I~H .TO ACCOMPANY D~S~"RiPT/ON [ PROPOSED LOT 11 '1 PROPOSED TRACT 0,.3 pRoPOSED CREEKSIDE BLVO. D--t , ,. (TRACT CB S +g'52'58" E a=l 2, ~'* 28.79' n o POC C=1 Q ' R-55.00 L=I O. C~ 22_43' ' Ca=N31 '46'54'W STRAP Ne. L-2~83' U~ILITY ~SEH~ 4~2527018.0003A27 CREEKSIDE WEST; INC. PARENT PARCEL Project: 73943 Parcel'- 909 REMAINDER ± 8.74 Folio: 00167920007 CREEKSIDE COMMERCE PARK WEST - UNIT TWO PB 2g, PGS. 57 &: 58 FORCE MAIN ' I ~ , *A~ ~ PARE]~T PARCEL IS NET OF U~JTY EASEMENT SHO~N ONLym dEFFREY ~ COONER AND' AS~OOATE~ IN~ 14, 2000 DESIGN AND IUP~ENTATION OF 50-iNCH PA~IIFL S~ER FORCE' MAIN AUG 0 1.2000 A tract or parcel ofhnd Eor a utilky easement ly/n8 in proposed Tract 03, Creeks/de Co_ _mme~c~ Park Weat-Unit Two, .Section 27, Township 48 South, Ran&o 25 East, CoLlier Comme..l~o ~t th~/IoHthof/~ point o£~ttrva~re for proposed Creekside Boulevard (Tract R) on the west line of Goodle~t~-Frank Road (C.R. S51) saht point of ~,n=~ bein8 also on the east~ line of said Tmot 0:3 mn northwe~rly alon~ the or,red northeastorly lin~ of said Trnot 0:3 on an arc ore curve tothe leR of radius :35.00 feet (delta 45° 35' 05') (c. fiord 27.12 f~-t) (chord bearing N 27° 40' 31" W) for 27.85 ft~t to an int~n with the south lino of a proposed utility easetn~nt (10 feet wide) smi t!~ Point ofne~nnin~ Prom said Point ofBeginnin8 mn S 85° 07' 02" W alon8 tim south line of said easement for 348.78 ft~t to a point of~'vat~re; ~,-~,'~ oontinue don8 the so~h Line of said e,a~ment on an arc of a curve to tim ~ of tad/us 1188.00 feet (de~.01° 29' 15') (chord 30.~4 feet) (chord ~ N 85° 51' 39" Er) for 30.84 fe~ fimnco run $ 49° 52' 58" E for 22.79 feet to an interse~on with e lino 30 feet routhealy from (aa measured on · perpendiadar) and parallel with the line ~-~n to ~ propo~ Trms 03 and R~ thence run easterly alon~ ~d parallel linc on an arc ore curve tothe left of radius 1208.00 fe~t (delta 0o Zg' 50~) (ohord 10.48 f~t) (ohord bearin8 N 8S° 21' 57' E) for 10.48 feet to e point oftansen~. th~co run N 85° 07' 02" E alon~ said paraiM line inr 358.93 feet to said curved no _~_ _~-_~cedy I/no of Tract 03; ~ence mn along said ~urved line on an aw ore c~rve to tho 1o/t ofradius 35.00 feet (delta 37° 22' 17') (d~ord 2Z43 .n~ot) (chord bon/ng N 31o 46' 54' W) fnr 2:.83 feet to tt~ Point ofno~tin~. Comaini~ 7,517 squaro fzet more or loss or 0.17 s~rea moro or Ions, 1/4) of Scotion 27 tobo S 89~ 04' 03" :E. l~allioald Land Surve3~ lqodda Cmitioate No. 40'i2 the Fu'm: LR 6773) PROJECT: Immokalee Road - 30" Force Main PARCEL: 9O2 FOLIO: 00160040601 'COPY AGREEMENT TO CONVEY EASEMENT THIS AGREEMENT TO CONVEY EASEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between OCEAN BOULEVARD PARTNERSHIP II, a Flodda general partnership, whose mailing address is 2600 Golden Gate Parkway, Suite 200, Naples, Flodda, 34105, (hereinafter referred to as "Owner"), and BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFIC]O THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, its successors and assigns (hereinafter referred to as "Purchaser"), whose mailing address is 3301 Tamiami Trail, Naples, Flodda 34112; WHEREAS, Purchaser requires, and is willing to condemn, a perpetual, non- exclusive easement for utility installation and maintenance purposes under, upon and across the lands described Jn Exhibit "A" (said easement hereinafter referred to as the "Property"), which is attached hereto and made a part of this Agreement; WHEREAS, Owner desires to convey the Property to Purchaser for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the Property; WHEREAS, the parties acknowledge and agree that the property may continue to be used by Owner to fulfill landscape buffer requirements Imposed by land use laws, permits and approvals, both existing and those placed in effect hereafter, with respect to the property; NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. Owner shall convey the Property to Purchaser for the sum of $21,94g.00 payable by County Warrant (said transaction hereinafter referred to as the "Closing"). Said payment shall be full compensation for the Property conveyed, including any and all costs and expenses incurred by Owner in connection with this Agreement, except as otherwise specifically set forth herein, and all of its terms, conditions, provisions and obligations, and for any and all severance damages to Owner's remaining property, in addition to such costs and expenses specifically set forth herein. 2. Portions of the Property and any lands adjacent to the property that have already have been improved and landscaped, and which are damaged due to the construction and installation of a 30 Inch diameter sewer force main (hereinafter referred to as the "Proposed Improvements'), will be restored by the Purchaser to match conditions existing pdor to said construction and installation. 3. Purchaser will impose no restrictions on locations for lighting, signage or shrub plantings within the property, other than those outlined in Paragraph 5. AUG 0 1 2000 Easement Agreement Page 2 Parcel No. 902 4. Purchaser shall furnish Owner with final construction plans and as-built construction plans for the Proposed Improvements (a/k/a PWED Project No. 73943). 5. Owner shall restdct the planting of all trees to the Southerly two (2) feet of the Property. 6. Owner has the dght to cross the Property and the Proposed Improvements to install a 36 inch storm sewer. 7. Access to the Property by Purchaser for the installation and maintenance of the Proposed Improvements shall be from Immokalee Road. 8. Maintenance of all landscaping shall be the sole responsibility of Owner. Any damage to the property and landscape buffer resulting. from the Proposed Improvements construction or maintenance activities, or damages that otherwise would not have occurred if the force main was not in the landscape buffer, will be the responsibility of the Purchaser. 9. Construction of other Purchaser utilities within the utility easement and landscape buffer, other than connections to the Proposed Improvements, will not be allowed by the Owner. This will be a restricted use utility easement. The Owner reserves dghts to use the easement for irrigation, landscape and all other uses that do not violate dghts otherwise granted by Owner to Purchaser. 10. This Agreement shall be null and void, and of no further force or effect, unless Closing shall occur within sixty (60) days from the date Purchaser executes this Agreement; provided; however, that Purchaser shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, propedy executed, which either remove, release or subordinate any and all such liens, encumbrances or qualifications affecting Purchaser's enjoyment of the Property. At Closing, Purchaser shall deliver the County Warrant to Owner and Owner shall deliver the conveyance instrument to Purchaser in the form attached as Exhibit 11. Owner is aware and understands that the "offer" to purchase represented by this Agreement is subject .to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 12. Purchaser 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). The cost of a title commitment shall be paid by Purchaser. 13. This Agreement, and the terms and provisions hereof, shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of, and be binding upon, the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 14. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and this written Agreement, including all exhibits attached herato, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous wdtten or oral agreements, undertakings, promises, warranties, or covenants not contained herain. 15. If the Owner holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286. Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before the Property held in such capacity is conveyed to Purchaser, its successors and assigns. (if the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Flodda Statutes.) I AUG 012000 Easement Agreement Page 3 Parcel No. 902 16. This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this ~ day of .... 2000. Date Property acquisition approved by BCC: May 23, 2000 - Resolution No. 2000-165 Agenda Item No. 8B(2) AS TO PURCHASER: DATED: ATTEST: DWIGHT E. BROCK, Clerk Depu~ Clerk AS TO OWNER: DATED: WITNESSES: W'~tness Print Name Witness Pdnt Name W"~ness Print Name Witness Pdnt Name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER COPY BY: Timothy J. Constantine, Chairman OCEAN BOULEVARD PARTNERSHIP il, a Florida general partnership BY: Paul J. MarineIll, as Attorney in Fact and Administrative Agent for the Partnership BY: Juliet C. Sproul, as Attorney in Fact an~ Administrative Agent for the Partnership Approved as to form and legal sufficiency: Thomas Palmer Assistant County Attorney SKETCH TO ACCOMPANY DESCRIPTION UTILITY EASEMENT, iMMOKALEE RD, SEC 27, T48S, R25E, COLLIER COUNTY, FLORIDA STRAP No.482527013.0003A2.7 OCEAN BOULEVARD PARTNERSHIP, II · k'"k_NW CNR S' '~ 7 ! '~ POC DESC Page I _od'~ F~D c~_./ P.~I [~, LB 642 I ~ m NW/4 SECTION 27 ~ OR i394 · ,.., !675 , ..,, .,.,, I o 25' ,oo"o2'~'~: .T.. ~ ~ I ~ ,oo'o2':~'E ~'r;,'~F '~"J"' w C~R ~ POC DESr 0" I ?. FIR 2009 = ~ I ;~ PG 1568 ~!~dzz I 20' PARENT PARCEL REMAINDER ,39.27 Ac+ ~.~., ~ I ' ~.~ .J -S45'2,'O7'E 28.94' ~....-N72'~8'OS'W 127.68' No1'3;'oo'w 1~74.30' i CREEKSIDE: WAY ~ NOO'Ol'42'E 27.71' ,~ i z~ (:REEKS!DE COHHERCE PARK WE-.~ I ~ .... PRO~ECT ~ ~, PARCEL__ c70 2--.. I '~ NOO'O1'42'E 100.9'7" .~ ~ UNE: OF NE/4 SF-C~ON ~y __ __ JEFFREY C. COONER AND ASSOClA'IES, INC. OCT lS. 3900 COLONIAL BOULEVARD, SUITE 2, FORT MYERS, FLORIDA 53912 PHONE: (941)277-0722 FAX: (94-1)277--7179 EMAIL.: AUG 0~2000 ~J3ESIGN SKETCH TO ACCOMPANY DE CHiPT[ON UTIUTY EASEMENTS CREEKSIOE COMIdERC~ PARK SECTION 27, TOWNSHIP 4~ SOUTH, RANG~ 25 EAST, COLLIER COUNTY, FLORIDA AND IMPLEMENTATION ASPH - ASPHALT - BEN(:3-1 MARK - BIKE PA'n..I BG - BRIDGE - BOTT~ OF BANK BC - BOX CULVERT - CHORD = BEARING OF CHORD coa = CHORO aEARINO CL = CENIE~ CLF -, CHAIN UNK FENCE CONC=. CONCaE'IE C8S = CONC. BLOCI( STUCCO CD = CONCRETE Cid - CONCRETE IdONUIdENT CNR = CORNER cP - CONC~E'i'E POST CMP = C~OATED METAL PIPE CPP --CORRUGATED PLA~C PIPE. D - I~_ OR DELTA AN~..E DD = DIRT DS ' DF~PTION DH - DRILL HOLE EP - EDG~ OF PA~ME~T F = Fi~ n OR MEASURED FC = FENCE CORNER FH -- F1RE H313RANT FDOT = FL DE:PT. OF TRANSPORT' FP~d. = FLORIDA POWE~ AND MGHT FND = FOUND GOVT = GOVERNMENT GO = GRAVEL DRIVE G~ = GROUND SHOT GOR -, GUARDRAIL G1M= =- GUY WIRE POLE HW = HEADWALL INV -- INVERT IP - IRON PIPE IP~C - IRON PIPE ~ CAP [R = IRON RO0 IRC = IRON ROD & CAP KSY - KUNDE, SPREC~E]~ YASKIN L = LENGTH LB - UCENCE ~ LP - MGHT POI. E L.S = LAND SURVEYOR OF SO-INCH MH = MANHOLE MB - ME'TEE BOX MON -- MONUMENT NW = NAIL a: WA~SHER OR = OFFICIAL RECORD PAVT =, PAVEMENT PK = Pt( NAiL PKad3 = PK NAIL & OISK PK&W =, PK NAIL & WASHER P = PLAT PB -=PLAT BOOK PCP ='PERMANENT CCINTROL P~NT ~ =,PAGES PK - PARKER KAYION NAIL PL =,PROPERTY LINE POB =,POINT OF BEGINNING PROF =, PROFESSIONAL POC = POINT OF COUMENCE~ENT PRM ==PERMANENT REFERENCE MARK PP = POt!~R POLE R - RAINUS RR = RAILROAD RNL RRS ==RAILROAD SPIKE RES - RE~ ROW ='RIGHT-OF-WAy RCP - REINFORCED CONCRE3E PIPE RGE = RANGE RRP = RIP RAP SMH = SANITARY SE~ MANHOLE SP = S~ PIPE SW = SIDEWALK ST =STEEL · T = TANGENT. TL = TRAFlqC UGRT CONTROL BOX = ~ OF BANK = TO~IINSHIP TYP -- TYPICAL UG '= UNDERGROUND - UG SPRINKLER HEAO UTV -- UNDERGR(~IND T.V. BOX - WATER METE~ - WA'I'E~ PfPE & - DELTA AN~LE C. o ASSOCIATES, INC. i PHONE: (94.1)277-0722 FAX: (94.1)277-7179 PARALLEL SEWERFORCE MAIN EXHIBIT ~ =~ - MORE OR LESS/APPRO~MATE 1. THIS SKETCH IS NOT A SURVEY. NOR IS IT VALID WITHOUT THE ATTACHED DESCRIPTION. 3. MONUMENTS SHO~t~q W!~E LOCATED DURING FilC113 SURVEYS EXECUTED BY THIS FIRM; FROM 9-30-98 TO 10--14-,99 4. INSTRUMENTS REFERENCED ARE; OF COLLIER COUNTY RECORDS. 5. BEARING BASIS I$ FOR THE NORTH UNE OF THE NW/4 OF SECTION 27 TO BEAR S89~34'03'E.: 6. 3HE LOTS, TRACTS AND STREETS SHOWN FOR CREEKSIDE COMMERCE PARK, UNIT TWO ARE OCT 14, 1999 NO. ~u~ 0.1 2000 D~.SCan, ano~ Po~l UTRaT~ F_SSEMENT - 90Z STRAP NO. 482527013.0003A27, 'OCEAN BOU/~VARD PARTNERSHIP, II A 20 foot wide tract or parc, el of land for a utility easement lying in Section 27, Township 48 South, Range 25 East, Collier County, Florida being more particularly described as follows: From the northwe~ comer of said Section 27, Township 48 South, Range 25 East, Collier County, Florida run S 00° 02' 33" W along the west line of said Section 27 and the east line of Tamiami Trail (S.R. 45) for 125.02 feet io the south line oflmmokalee Road (C.R. 846); thence along said south line N 45° 28' 51" E for 35.08 feet; thence continue along said southerly line the following courses and distances: S 89° 04' 03" E for 573.46 feet, S 86° 12' 18" E for 500.61 feet, and S 89° 04' 03" E for 147.09 feet to a westerly line of lands described in instrument recorded in Official Record Book 2009 be~'nnlng at Page 1568 of the Public Records of Collier County, Florida to the Point of Begi~'nning. From said Point ofBe~nnlng continne along the south !in° of said Immoka]ee Road S 89° 04' 03" E for 580.15 feet; thence run S 45° 21' 07' E along said west line for 28.94 feet to an intersection with a line 20 feet south of and parallel with (as measured on a perpendicular) the south line of said Tmrnoir~lee Road; thence run N 89° 04' 03" W along said parallel line for 600.76 feet to said westerly line; thence run N 000 02' 33" E for 20.00 feet to the Point of Beginning. Containing 11,809 square feet more or less or 0.27 acres more or less. Bearings hereinabove mentioned assumes the north line of the northwest quarter (NW- 1/4) of Section 27 to be S 89° 04' 03" E. Professional Land Surveyor Florida C~tiflcate No. 4052 (For the Firm: LB 6773) Re,vision: M~y 18, 2000 | 0.1 2OOO SKETCH TO ACCOMPANY DES~ON 1. THIS SKETCH IS NOT .4, SURVEY. NOR IS IT VALID ~THOUT THE ATTACHED DESCRIPTION. 2. MONUMENTS SHOWN WERE: LOCATED DURING Ftla n SURVEYS EXECUTED BY THIS FIRM FROM 9-543-98 TO 10-.-14--.99. 5. INS'IRUMENTS REFERENCED ARE OF' COLLIER COUNTY RECORDS. ,I.. BEARING BASIS IS FOR THE NORTH LINE OF THE NW/4. OF SECTION 27 TO BEAR S89~4'03'F_, dEi=FREY C. COONER AND ASSOCIATES, INC. SUnG AHD MAPFlING OCT 14, 16gg COLONIAL BOULEV~, surlE 2, FORT ,,,~, ~ ~A 33912 TEMPORARY CONSTRUCTION EAS~ 'B" - ~ I qoa. STRAP NO. 482527001.0013A27, OCEAN BOULEVARD PARTNERSHIP A tract or parcel of land for a temporary conmuction easeme= lying in Section 27, Township 48 South, Range 25 Ea~ Collier County, Florida !rang mor~ particularly From tim northwest comer of said Section 27, Township 48 South, Ran~ 25 East, Collier County, Florida nm S 130° 02' 33" W along the west line of'said Section 27 and the east line of Tamiami Trail (S.R. 45) for.125.02 feet to the south line oflmmnkalee Road (C.R. 846); thence along said south line N 45° 28' 51" E for 35.08 feet; th~ce c~m-itn~. along said southerly line the following murs~ and distances: S 89° 04' 03" E far 573.46 feet; S 86° 12' 18" E for 500.61 ~ $ 89° 04' 03" E for 147.09 feet to &w~terly line of lasts desert'bed in insmament r~aarded in Official R~,ord Book 2009 ~ ~t Palin 1568 of the Publi~: Rtr, ords of Collier County, Florida; thence nm S 00° 02' 33"W alon~ said weat~y line for 20.00 feet to an intersection with a line parallel with and 20 feet south~ly of (as mesaured on a perpendicular) said south line of Immokalee Ikad; thence run along said parallel line N 89° 04' 03" W for 101.42 fi~ to the Point oflteginnin~ From said Point ofBesinning mn S 00° 55' 57" W for 40.00 feet; thence mn 1~189° 04' 03" W f~r 40.00 feet; thence run N 00° 55' 57" E for 40.00 feet to said parallel line; ~ run alon~ said parallel line S 89° 04' 03" E for 40.00 feet to the Point of Containing 1,600 square feet more or less or 0.037 acres more or less. Bearings hcrelnabovc mention~ assumes the north line of the northwest quarter (NW- 1/4) of Section 27 to bc S 89° 04' 03" E. ~onal Land Sm~-yor Florida Cmificat~ No. 4052 (For th~ Firm: LB 6T/3) AUG 0 1 2000 EXHIBIT "B" PROJECT: Immokalee Road - 30" Force Main PARCEL: 902 FOLIO: 00160040601 GRANT OF EASEMENT THIS GRANT OF EASEMENT, made and entered into this day of , 2000, by OCEAN BOULEVARD PARTNERSHIP il, a Florida general partnership, whose mailing address is 2600 Golden Gate Parkway, Suite 200, Naples, Florida, 34105, as Grantor to BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFiClO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, 3301 East Tamiami Trail, Naples, Florida 34112, its successors and assigns, as Grantee. (Wherever used herein the terms "Grantor" and "Grantee' Include all the parties to this easement and their respective heirs, legal representatives, successors and assigns.) WITN E .S$ E.T. H: 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 utility Installation and maintenance purposes under, upon and across the following described lands located in Collier County, Florida, (hereinafter referred to as the "Property') to wit: See attached Exhibit "A" which is incorporated herein by reference. Subloci to easements, restrictions, and reservations of record. THIS PROPERTY IS NOT HOMESTEAD. TO HAVE AND TO HOLD the same unto the Grantee, together wtth the right to enter upon said Property and place, excavate, and/or remove materials for the purpose of constructing, operating and maintaining utility facilities thereon, subject to the following use restrictions. Grantee's use of the property will be restricted to the below- ground installation of a 30 Inch diameter sewer force main (hereinafter referred to as 'Proposed Improvements'), and the repair and maintenance thereof from the surface of the Property from time to time. Grantor permits no other utility facilities to be Installed by Grantee, other than connections to the Proposed Improvement. Grantee's acceptance of the Property constitutes agreement to restore and repair to Its pre- existing condition, at Grantee's sole expense, any and all damages to landscaping, lighting, signage, and any and all other improvements, which may oc, cur from the Installation and the rapair and maintanerme of the Proposed Improvements, and to restrict all access to the Property for rapaim and maintenance from lmmokalee Road.. No restritons will be Imposed upon the Grantor by the Grantee on locations for lighting, signage or shrub plantings within the property. Routine maintenance thereafter of any and all landscaping, lighting, signage, and any and all other Improvements located upon the Property shall be the responsibility of the Grantor. Owner has the fight to cross the Property and the Proposed Improvements to Install a 36 Inch storm sewer. All uses of fi~e Property not In conflict with the Installation, operation and maintenance / 04 20 0 I shall restrict the planting of all trees to the Southerly two (2) feet of the Property. Grantor and Grantee are used for singular or plural, as the context requires. The easement granted herein shall constitute an easement running with the land and shall burden the Property described above. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. Signed, Sealed and Delivered in the Presence of: OCEAN BOULEVARD PARTNERSHIP I!, a Flodda general partnership Witness Print Name Withess Print Name BY:. Lamar Gable, as a Partner of Ocean Boulevard Partnership Witness Pdnt Name Witness Print name BY: ClTRUST, a Louisiana general partnership, as a general Partner of Ocean Boulevard Partnership I1 BY: Christopher D. Villere, as a general Partner of Cltrust Witness Pdnt Name Withess Print name BY: Mathllde V. Currance f/ida Mathllde B. Villere, a8 a general Partner of Citruet Witness Print Name W'~mes8 Print Name BY- Lamar G. Vi!lero, 88 a general Partner of C!trust Witness Print Name Witness Print Name Witness Print Name W'rtness Print Name Witness Print Name Witness Print Name VV~ss Print Name WitneSs Print Name VVlt/lm Print Name WithaaS Print Name BY: GIFT PARNERSHIP, a Flodda general Partnerstrip, as a general Partner of Ocean Boulevard Partnership 11 BY: Katherine G, Sproul, as a general Partner of Gift Partnership BY: Jennifer V. Sproul, as a general Partner of Gift Partnership Julie A. Sproul, as a general Partner of Gift Partnership BY: BARRON G. COLLIER IV IRREVOCABLE TRUST, as a general Partner of Ocean Boulevard Partnership II BY: Juliet C. Sproul, as Trustee BY: ALEXAND[~J~ EDEN COLLIER IRREVOCABLE TRUST as a general Partner of Ocean Boulevard Partnership II BY: Juliet C. Sproul, aa Trustee Witness Print Name Witness Print Name BY: LARA CHRISTINA COLLIER IRREVOCABLE TRUST as a general Partner of Ocean Boulevard Partnership II BY: Juliet C. Sproul, as Trustee STATE OF COUNTY OF The foregoing easement was acknowledged before me this day of~ 2000, by Lamar Gable, as a General Partner of Ocean Boule'~ard Partnership II, a Flodda general partnership, on behalf of the Partnership.He Is personally known to me or has produced as identification and did not take an oath. (Notary Seal) Notary Public Pdnted name: My Commission Expires: STATE OF COUNTY OF The foregoing easement was acknowledged before me this day of__ ,2000, by Christopher D. Villere, as a General Partner of Cltruet, a Louisiana general partnership, on behalf of the Partnership In its capacity as a General Partner of Ocean Boulevard Partnership It, a Florida general partnership, on behalf of the Partnership. He Is personally known to me or has produced as Identification and did not take an oath. (Notan/Seal) Notary Public Pdnted name:. My CommiesIon Expires: i AUG 01 20.00/ STATE OF COUNTY OF The foregoing easement was acknowledged before me this day of__ ....... 2000, by Mathilda V. Currance, f/k/a/ Mathilda B. Villere, as a General Partner of Citrust, a Louisiana general partnership, on behalf of the Partnership in its capacity as a General Partner of Ocean Boulevard Partnership I1, a Flodda general partnership, on behalf of the Partnership. She is personally known to me or has produced i~s identification and did not take an oath. (Notary Seal) Notary Public Pdnted name: My Commission Expires: · STATE OF COUNTY OF The foregoing easement was acknowledged before me this day of~ , 2000, by Lamar G. Villere, as a General Partner of Cltruat, a Louisiana general partnership, on behalf of .the Partnership In its capacity as a General Partner of Ocean Boulevard Partnership II, a Florida general 'partnership, on behalf of the Partnership. He Is personally known to me or has produced as Identification and did not take an oath. (Notary Seal) Notary Pubtic Printed name: My Commission Expires: STATE OF COUNTY OF The foregoing easement was acknowledged before me this day of . , 2000, by Katherine G. Sproul, as a Genera~ Partner of' Gilt Partnership, a Florida general partnership, on behalf of the Partnership In Its capacity as a General Partner of Ocean Boulevard Partnership Jl, a Florida general partnership, on behall~of the Partnership. She is personally known to me or has produced . . as Identification and did not take an oath. (Notary Seal) Notary Publlo Pdnted name: My Commission Expires: STATE OF FLORIDA CDUNTY OF COLLIER The foregoing easement was acknowledged before me this __ day of ~ , 2000, by Jennifer V. Sproul, as a General Partner of GII~ Partnership, a Flodda general partnership, on behalf of the Partnership in Its capacity as a General Partner of Ocean Boulevard Partnership I1, a Flodda general partnership, on behalf of the Partnership. She is personally known to me or has produced as Identification and did not take an oath. (Notary Seal) Notary Public Printed name: STATE OF COUNTY OF The foregoing easement was acknowledged before me this day of ~ ,2000, by Julie A. Sproul; as a General Partner of Gift Partnership, a Florida general partnership, on behalf of the Partnership in its capacity as a General Partner of Ocean Boulevard.Partnership II, a. Fbdda general partnership, on behalf of'the Partnership. She is personally known to me or has produced as Jdenfificaticn and did net take an oath. (Notary Seal) Notary Public Pdnted name: My Commission Explras: STATE OF FLORIDA COUNTY OF COLLIER The foregoing easement was acknowledged before me this day of__ .., 2000, by Juliet C. Sproul, as Trustee of Barron G. Collier IV Irrevocable Trust, on behalf of the Trust, as a General Partner of Ocean Boulevard Partnqrship II, a Flodda general partnership, on behalf of the Partnership.She Is personally known to me or has produced as identification and did not take an oath. (Notary Seat) Notary Public Pdnted name.'. My Commission Expires: STATE OF (~OUNTY OF The foregoing easement was acknowledged before me this day of~ ,2000, by Juliet C. Sproul, as Trustee of Alexandra Eden Collier Irrevocable Trust, on behalf of the Trust, as a General Partner of Ocean Boulevard Partnership tl, a Flodda general partnership, on behalf of the Partnership.She Is personally known to me or has produced as identification and did not take an oath. (Notary Seal) Notary Public Printed name:. STATE OF COUNTY OF The foregoing easement was acknowledged before me this day of ~ , 2000, by Juliet C, Sproul, as Trustee of Lara Christina Coltier In'ev~)cable Trust, on behalf of the Trust, as General Partner of Ocean Boulevard Partnership II, a Florida general partnemhll~, om behalf of the Partnership. She Is personally known to me or has produced. as identification and did not take an oath. (Notary Seal) Notary Public Pdnted name:. SI<-~.TCH TO ACCOMPANY DESCRIPTION UTIUTY EASEMENT, IMMOKALEE RD, SEC 27, T48S, R25E, COLLIER COUNTY, FLORIDA STRAP No.,4-82527015.0003A27 OCEAN BOULEVARD PARTNERSHIP, II z ,~ NOR'TH LINE OF ~ ~ i NW/4 SECTION 27 -,*. r,~ !39-,; ~ PG 'm-.75 ~ i 0 " o 25' ~1 --.- , -- ~11' NOO.O2o33.E ; ~ ~i NOO"O~'33"E 1~75.~' J-.------.L '~ ~'""-~..NW CNR ~t POC DE$C · EiR ~.009 ~ ~ I t:~,--c~\ ~'cz. i- I STRAP No.4.8252701.3.0003A27 OCEAN BOULEVARD PARTNERSHIP, II .~.~.o ~ 20' ' ~ PARENT PARCEL REMAINDER 39.27 Ac+ __~,,.[~ 2&94' i,.--N7218'OS'W127.88' NOl'39°OO'W 1~.74.30' CREEK~D£ WAY .,,~i~NOO'O1'42'E 27.71' · z ~-~'~v.-:.~r'~ CONNERCE PARK WEST I ,,, ,...T '--- -~.~ ~r'.~: 57 '-" I " I - ~.~5, - ,~ ..... ONE ""~ I:~,,]El."*r "~q,'4,~ ~. PARCEL .. c/o 2_. ~ FOLIO ~ "~ NOO'O1'42'E 100.97' ~ ~ LINE OE NE/4 SE~"~IION ~)' _ _ ~EFFRE'Y C. COONER AND ASSOClA3ES, INC. OCT ~5. ,3900 COLONIAL BOULEVARD, SUITE 2, FORT MYERS, FLORIDA 33912 AU6 lo ° D CR ON SECTION 27, TO.SHIP ~ S~, R~ 25 ~ST, C~ C~N~, ~IDA ESIGN AND IMPLEMENTATIONOF30-INCHS ER FORCE MAIN A~ = A~T MH~ BU - BENCH MARK bib - METER BOX BP - BIKE PAtH MON = MONUMENT BG - BRIDGE NW = NNL & WASHER BOB "BOTTOId OF BANK OH "OVERHEAD IMRE BLDG -. BUILDING OR ' OFFIQAL RECORD BC - BOX CULVERT PArT -= PAVE]dENT C = CHORD PK = PK NAiL C&G = CURB & GLITTER PK&~) =.PK NNL & DISK C~ " BEARING OF CHORD PK&;W- PK NNL & WASHER COB ' CHORD BEARING P - PLAT CL "CENTERLINE PB "PLAT BOOK CLF - CHAIN MNK FENCE PCP = PERMANENT CONTROL POINT CO ''= CLEANOUT PGS ' PAGES CONC ,, CONC~ PK - PARKER KAYtON NAIL C8S ' CONC~ BLOCK STUCCO PL == PROPERTY UNE CO = CONCRETE DRI~AY POB == POINT OF BEGINNING CM - CONCRETE MONUMENT PROF = PROF~ONAL CNR = CORNER POC = POINT OF COMUENCEUENT CP =. CONCRETE POST PRM == PERMANENT REFERENCE MARK CW =. CON(~ WALL PP == POtI~R POLE CMP =, CORRUGATED METAL PIPE R =- RADIUS CPP - CORRUGATE~ PLASllC PIPE. RR = RAILROAD RAIL D - DEED OR DELTA ANGLE RRS - RAILROAD SPIKE DO - DIRT DRIVEWAY RES == RESERVED DS - DESCRIPTION ROW =. RIGHT-OF-WAY DH - DRILL HOLE RCP "- REINFORCED CONCRE'~: PIPE El= = EDGE OF PAVEMENT RGE = RANGE ELEV = ELEVATION RRP ,= RIP RAP F = F!F1 n OR MEASURED SMH = SANITARy ~ MANH(X.E FC - FENCE CORNER SSP =- SERVICE POLE FH ,- FIRE HYDRANT SP -= SEWER PIPE FOOT - FL. DEPT. OF '[RANSPORT SW ,= S~DEWALK FP~I~.= FLORIDA POInteR AND IJGHT ~ - SIGN FND = FOUND ST = ~ GOVT - GOVERNMENT T = TANGENT GO "GRAVEL DRIVE TL '= 'IRAFFIC UGHT CONTROL BOX GS ' GROUND SHOT TP - Ttq _Fr~IONE POCE (;OR '= GUARDRAIL TO~ ~. TOE OF SLOPE GW -, GUY WIRE TOB = TOP OF BANK G~ - GUY ~MRE POLE *TIM= ,- TOWNSHIP HW - HEADWALL TR = *iREE INV = INVERT TYP -, TYPICAL IP ,- IRON PIPE UG "" UNDERGROUND IP&C ,-IRON PIPE & CAP USH .-UG SPRINKLER HEAD IR ",IRON ROO U'iV ""UNDERGROUND T.V.BOX IRC - IRON ROO & C,U= ~ -.WATER METER KSY - KUNDE, SPRECHER, YASKIN WP - WATER PIPE L - LENGTH WF - MRE FENCE LP - UGHT POLE WOF' - WOO0 FENCE LS =-LAND SURVEYOR & - DELTA ANGLE EX ~ :t: '= MORE OR LES~/APPRO~UATE 1. ]HIS SKETCH IS NOT A SURVEY. NOR IS IT VALID WITHOUT THE ATTACHED DESCRIPTION. 3. MONUMENTS SHOWN ~E LOCATED DURING' F1FI n SURVEYS EXECUTED BY THIS FIRM FROM 9-30-98 TO 10-14-99 - 4. INSTRUMENTS REFERENCED ARE OF' COLLIER COUNTY RECORDS. 5. BEARING BAS~S IS FOR ]HE NORTH UNE OF ]HE NW/4 OF SECTION 27 TO BEAR S89~'03"F_ 6. THE LOTS, TRACTS AND STREETS SHOWN FOR CREEKSIDE COMMERCE PARK, UNIT ~ ARE FROM DIGITAL CADD FILES FROM JOHNSON ENGINEERING, INC. 3900 COLONIAL BOULEVARD, SUITE: 2, FORT MYERS, FLORIDA 33912 PHONF- (941)277--0722 FAX~ (941)277-7179 EMAIL: SURVEYORI~;OONER. COM EFFREY C. COONER AND ASSOClA INC. SURVEYING AND MAPPING OCT 14, 1999 0-1 Z, iJ;] DESCRIPTION ~ce.~. / uTmrrY ~,,s~ - STRAP NO. 4S2527013.0003A27, 'OCEAN BOULEVARD PARTNERS,, lI A 20 foot wide tract or parcel of land for a utility easement lying in Section 27, Township 48 South, Range 25 East, Collier County, Florida being more particularly described as follows: From the northwest comer of said Section 27, Township 48 South, Range 25 East, Collier County, Florida run S 00° 02' 33" W along the west line of said Section 27 and the east line of Tamiami Trail (S_R. 45) for 125.02 feet to the south line oflmmokale¢ Road (C.R. 846); thence along said south line N 45° 28' 51" E for 35.08 feet; thence continue along said southerly line the following courses and distances: S 89° 04' 03" E for 573.46 feet, S 86° 12' 18" E for 500.61 feet, and S 89° 04' 03" E for 147.09 feet to a westerly line of lands described in instrument recorded in Official Record Book 2009 beginning at Page 1568 of the Public Records of Collier County, Florida to the Point of Be~nninp~ From said Point of Beginning continue along the south line of said Irarooks_lee Road S 89° 04' 03" E for 580.15 feet; thence run S 45° 21' 07" E along said west line for 28.94 feet to an intersection with a line 20 feet south of and parallel with (as measured on a perpeadi~ar) the south line of said lmmokalee Road; thence Tull N 89° 04' 03" W along said parallel line for 600.76 feet to said westerly line; thence run N 00° 02' 33" E for 20.00 feet to the Point of Beginning. Co~s_inillg 11,809 square feet more or less or 0.27 acres more or less. Bearings hereinabove mentioned assumes the north line of the northwest quarter (NW- 1/4) of Section 27 to be S 89° 04' 03" E. Pmf=ssioaal Laml Surveyor Florida Cerfifi~ No. 4052 (For the Fin= LB 6773) P~,'sion: May 1 $, 2000 AUG 012000 PG PROJECT: tmmokalee Road - 30" Force Main PARCEL: 908 FOLIO: 00168042104 COPY AGREEMENT TO CONVEY EASEMENT THIS AGREEMENT TO CONVEY EASEMENT (hereinafter referred to as the "Agreement") Ds made and entered into by and between CREEKSIDE WEST, INC., a Flodda corporation, whose mailing address is 2600 Golden Gate Parkway, Suite 200, Naples, Flodda, 34105, (hereinafter referred to as "Owner"), and 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, its successors and assigns (hereinafter referred to as "Purchaser"), whose mailing address is 3301 Tamiami Trail, Naples, FIodda 34112; WHEREAS, Purchaser requires, and is willing to condemn, a perpetual, non- exclusive easement for utility installation and maintenance purposes under, upon and across the lands described in Exhibit "A" (said easement hereinafter referred to as the "Property"), which is attached hereto and made a part of this Agreement; WHEREAS, Owner desires to convey the Property to Purchaser for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the Property; NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: o Owner shall convey the Property to Purchaser for the sum of $1,072.00 payable by County Warrant (said transaction hereinafter referred to as the "Closing"). Said payment shall be full compensation for the Property conveyed, including any and all costs and expenses incurred by Owner in connection with this Agreement, except as otherwise specifically set forth herein, and all of its terms, conditions, provisions and obligations, and for any and all severance damages to Owner's remaining property. Portions of the Property and any lands adjacent to the property that-have already have been improved and landscaped, and which are damaged due to the construction and installation of the 30 inch diameter sewer force main (hereinafter referred to as the "Proposed Improvements"), will be restored by the Purchaser to match conditions existing prfor to said construction and installation. Purchaser shall construct, or cause to be constructed, the Proposed Improvements such that they cross the existing canal as a 'sub-aqueous crossing,' and the Proposed Improvements shall not, at any time, be constructed as an "aerial crossing" of the canal. Purchaser shall furnish Owner with final construction plans and as-built construction plans for the Proposed Improvements (a/k/a PWED Project No. 73943). Owner shall plant no trees within the Property nor within eight (8) feet of the Proposed Improvements. Purchaser shall repair any damage to Owner's property resulting from the Proposed Improvements construction or maintenalnca activities. Construction of other Purchaser utilities within the utility easement and landscape buffer, other than connections to the Proposed Improvere{ Easement Agreement Page 2 Parcel No. 908 allowed by the Owner. This will be a restricted use utility easement. The Owner reserves dghts to use the easement for irrigation, landscape and all other uses that do not violate dghts otherwise granted by Owner to Purchaser. 8. Access to the Property by Purchaser for the installation and maintenance of the Proposed improvements shall be from from Creekside Boulevard as defined in the proposed plat of Creekside Commerce Park West, Unit Two. 9. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, other than those which may be held by Flodda Power and Light Company and Collier County, the execution of such instruments which will remove, release or subordinate such encumbrances from the Property upon their recording in the public records of Collier County, FIodda. Owner shatl provide such instruments, propedy executed, to Purchaser on or before the date of Closing. The cost to obtain such instruments shall be reimbursed to the Owner by the Purchaser. 10. This Agreement shall be null and void, and of no further force or effect, unless Closing shall occur within sixty (60) days from the date Purchaser executes this Agreement; provided; however, that Purchaser shall have the unilateral dght to extend 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 Purchaser's enjoyment of the Property. At Closing, Purchaser shall deliver the County Warrant to Owner and Owner shall deliver the conveyance instrument to Purchaser in the form attached as Exhibit "B". 11. Owner is aware and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 12. Purchaser shall be responsible for paying any costs and/or fees associated with the secudng and recording a Subordination, Consent & Joinder of Easement of the mortgage(s)recorded against the Property from the mortgagee(s). The cost of a title commitment shall be paid by Purchaser. 13. This Agreement, and the terms and provisions hereof, shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of, and be binding upon, the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 14. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and this wrftten Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other pdor or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 15. 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, Flodda Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before the Property held in such capacity is conveyed to Purchaser, its successors and assigns. (if the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Flodda Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 16.This Agreement is governed and construed in accordance with the laws of the State of Florida. AUG 0 1 2000 2-- Easement Agreement Page 3 Parcel No. 908 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this ~ day of ,2000. Date Property acquisition approved by BCC: May 23, 2000 - Resolution No. 2000-165 Agenda Item No. 8B(2) AS TO PURCHASER: DATED: ATTEST: DWIGHT E. BROCK, CIe~ Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER COPY BY: Timothy J. Constantine, Chairman AS TO OWNER: DATED: WITNESSES: Witness Pdnt Name Witness Pdnt Name CREEKSIDE WEST, INC., ' a Flodda corporation BY: (Pdnt Name and Title) Approved as to form and legal sufficiency: Thomas Palmer Assistant County Attorney IO3 8KETCH TO ACCOMPANY DESIGN AND IMPLEMENTATION OF 50-INCH PARALLEL SEWER FORCE. MAIN CREEKSIDE lOMMERCE PARK WEST - UNIT TWO UTILITY EASEMENT ~_ L~ .~0 W"- / ~ __- ~0 /P qm ~ ~.o ~ ~._ u~/~ ~c~ ~ ~ / S~AP No ~ / 48252701~.00daA27 ~ / CR~XS~eb~ST, iNC. ~ / PARENT PARCEL REMAINDER ~ACT e / POC DESC / ' / N89~'11'~ 1~.96' OSC.' Sa9 ' ' ' ~o.o~ ~ PROPOS~ CRYSIDE BOU~D (m~CT R) ................. EX Brr.A_ DESIGN AND IMPLEMENTATION OF 50-INCH PARAI!IrL SEWER FORC£ IdAIN BP "BlIIE:P&lH IdQN "~ Am,e - CIJl~ i GUT1Bt CI, F "(]tMiLliKFENC~ ~ 'PEIIIN4~riXX41RCLIKXNT CGN~ - ~ PK - PANI~R KA~(]I NNL ~ "(XBRUeA'I~) liL'TAL PIm~ R D "I~EO CR DB.TA ANGLE K m IIAI. ROAO Slqk~ EP - B~E QIr PAWNB4T ~ I~QT "Fl.. MPT. 4~F '/RNiBI~KT SW m IDLqlI~Q.~ '11'ils SICET~ IS HOT ~ SURVEY. NOR IS IT ¥,ALID ~IHOOT TI'E ^TT'AO/ED ~TIOH. 3. ~]~JMENTS SHOIMq IIIERE LOCATED DURING F!I:l n SUR~rys ID~ECtJTED BY ~11S FIRM FROU ~. BEARING BASIS IS FOR THE NORTH UNE OF THE NW/4 OF SECTION 27 TO BEAR S89~:~'03'F_ a. 11tF~ 1RACTS AND STREETS SHOWN FOR CREEXSIDE COMMERCE: PARK, UNIT TWO ARE ~ CXX.CWiaL BCX. K.L'V~ ~LJfiE 2, FORT li"d~31{~, DESCRIPTION PROPOS_m TRACT 02, CREEKSIDE COMAaliCE PARK WEST-UNIT TWO 4s 70 7.000 , ?, W T, tract or ~ ofl~mi fi3r ~ ut/l/ty ~aama~ ly/ng ~ ~~ T~ O~ C~c Co~ ~ W~t~ ~ S~n 27, T~hip 4~ So~ ~c ~ ~ ~ ~~ ~ ~ ~~ ~ ~T~ ~ ~de ~~ P~ W~-U~ ~ C~, ~o~ ~ ~ ~ 04~ 53' 19~ W ~ ~ ~ ~mm~ ~ ~ - T~ ~ ~ ~s~ T~ O2 ~ 10,05 ~m ~ ~ ~ ~ ~ ~ ~ From ~d Po~ ~~g ~ S 8~ 08' 11" E ~o~ ~ ~ ~e of~d ~o~ m~ ~ 174.37 ~ m a ~ ~~ of~d ~~ ~ ~ ~ ~ ~e m ~ 1~ ~~ 15.~ f~ (d~ 95' 45' 08") (~d ~.~ ~) (~ ~g N 42~ 59' 1~ E) ~r 25.07 ~ m n ~ o~~ A~ ~ N ~ 5~' 1~ ~ ~ w~y ~ ~d ~~ ~~ ~r 3.51 ~ m'~ ~~ ~ ~ ~e'~d ~po~ T~ 02; ~ ~N 8~ 08' 11" W ~r 1~.~ ~ m m ~~n ~ ~d ~mmnn 1~ m ~d T~ O2 ~ ~ T~ ~; ~ ~ S ~' 53' 1~ E ~ 20.10 ~ m ~ P~ of~i-~. - Conta/n/ng 3,758 square feet mare or less or 0.09 ac~s mare or less. Bmafinss hereinabove mentioned msstrees the north ~ine of the northwest quarter CNW- 1/4) of Seotion 27 to be iS 8g° 04' 03" E. c. F!orid~ C~st~ No. 4O52 (~or thn Firm: LB AUG 01 EXHIBIT "B" PROJECT: Immokalee Road - 30" Force Main PARCEL: 908 FOLIO: 00168042104 GRANT OF EASEMENT THIS GRANT OF EASEMENT, made and entered into this day of ...... 2000, by CREEKSIDE WEST, INC., a Fiorid'a corporation, whose mailing address is 2600 Golden Gate Parkway, Suite 200, Naples, Flodda, 34105, as Grantor to BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFiClO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, 3301 East Tamiami Trail, Naples, Flodda 34112, its successors and assigns, as Grantee. (Wherever used herein the terms 'Grantor" and "Grantee" include all the parties to this easement and their 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 utility installation and maintenance purposes under, upon and across the following described lands located in Collier County, Flodda, (hereinafter referred to as.the "Property') to wit: See attached Exhibit "A" which Is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. THIS PROPERTY IS NOT HOMESTEAD. TO HAVE AND TO HOLD the same unto the Grantee, together with the dght to enter upon said Property and place, excavate, and/or remove materials for the purpose of constructing, operating and maintaining utility facilities thereon, subject to the following use reatrictlons. Grantee's use of the property will be restricted to the below-ground and aubaqeous Installation of a 30 Inch diameter sewer force main (hereinafter referred to as "Proposed Improvements"), and the rapair and maintenance thereof from the surface of the Property from time to time. Grantor permits no other utility facilities to be installed by Grantee. Grantee°s acceptance of the Property constitutes agreement to restore and repair to its pre-exlsting condition, at Grantee's sole expense, any and all damages to landscaping, lighting, signage, and any and all other Improvements, which may occur from the installation of the Proposed Improvements, and to restrict all access to the Property for repair and maintenance from Creekaide Boulevard as defined in the proposed plat of Creekside Commerce Park West, Unit Two. Routine maintenance thereafter of any and all landscaping, lighting, signage, and any and all other improvements located upon the Property shall be the raaponslbi!lty of the Grantor. All uses of the Prope,'ty not in conflict with the Installation, operation and maintenance of the Proposed Improvements are reserved to the Grantor, except that the Grantor shall plant no trees on the Property, nor within eight (8) feet of the Proposed Improvements. Grantor and Grantee are used for singular or plural, as the context requires. The AU$ 0 easement granted herein shall constitute an easement running with the land and shall burden the Property described above. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the' date and year first above written. WITNESSES: CREEKSIDE WEST, INC., a Flodda corporation Witness Pdnt Name Witness Pdnt Name BY: (Pdnt Name and Title) STATE OF COUNTY OF The foregoing Grant of Easement was acknowledged before me this ~day of ,2000, by , on behalf of the corporation. He is personally known to me or has produced ~as Identification and did not take an oath. (Seal) Notary Public My Commission Expires: DESIGNAND IMP~MENTATION Or ~O-INCH PARA~L S~ER FOROE ~AIN J / ~ / 48252701X 0002A27 ~ ~ l ~ ~ / CREEKSIDEWEST, INC.' I ~ , l I ~ / PARENT PARCEL REUAINDERI/m ! / I 1 I PROPO~D CR~SIDE BOU~V~D~v-- l i (~ACT R) / J~ ~ & ~ ~D ~A~ IN~ ~ ~ ~J J - ~~~ .. ~~-= ~J ......... " ''" '" ""-" ' ' ! Au~ B I 2OOB J DESIGN AND IMPLEMENTATION OF 30-INCH PARALLEL SEWER FORCE /dPH - ~T IdH m MAId'IGLE BP ,,, BII~ PAlI"I ~ ~g m ~RBGE !~f BC - ~ C[I.1~['r PAVT - PAgEMBJT O - CltQID PN "Iq( N~. C,&O- CURB & GUTIER PKIJI m PK N, ML & fXBt ~ -' ~HI:BD ~ENIII~ P -PLAT D -. r'Wlm ~ft DELTA AMGLf RRS "RALIMMD ~ lid -111RT~Y RES "111~:~!~D EP - ~D~E OF PAWIdENT ~ "~ R m lION ~OD ~ MAIN 1. THIS SKETCH I$ NOT A SURVEY. NOR IS IT VALID WITHOUT THE ATTACHED OESCI~TION. I. IdONUMEN'I~ illOMni WERE LOCATED DURING-FiI:l n SURVEYS EXECUTED BY THIS FIRM FROM 9-:]0.--98 TO 10--14--69 5. B~ BASIS IS FOR-THE NOR'ITt UNE OF THE NW/4 OF SECTION 27 TO BEAR ssg'o4,*O3'F. 6. THE.,LOTS, TRACTS AND ~ SHOIM4 FOR CREEKSIDE COUM~ PARK, UNIT TI~ ARE DESCRIPTION PROPOSED TRACT 02, C1;t ~'7,~SIDE COM1Vfl~ _c~- PARK WEST-UNIT TWO STRAP NO. 482527017.0003A27, CRI~=~S~E WEST, INC. A tra~ or parc~ of land for a utility easnm~t lying in proposed Tra~t 02, ~e Commer~ Pa~k West-Unit Two, Se~ion :27, Township 48 So~_~. Range 25 East, Collier County, Florid~ I:H~n8 more pmioularly d~orib~ u follows: Commence at the southea~ corner of Tra~'t L2,' Creekside Commerce Park W~at-Unit On~ as shown on plat recorded in Pl~t Book 29, Pa6~s 57 and 58 ofth~ public mc, ord~ of Collier Cotll~, F~orid~ tilelon' ~ N 04° 53' 19r! W~ alo12~ th~ ~ common m ~.'Id Tract L2 and proposed Tract 02 For 10.05 feet to an ~ with th~ noah ~ oft proposed utility easement (10 feet wide) as shown on ~d proposed plat ~ui th~ Point of' From said Point of Boginnin!~ run $ 89° 08' ! 1~ E alon8 th~ north line of said proposed 0as~n~nt for ]74.37 fe~t to a point ofonvamm of said easemnnt; thence run ~y, no~ and northweatedy along th~ ~urved line of said ease. n~ on an arc of a curve to thn 1~ of radius 15.00 ~ (deit~ 95° 45' O8"3 (chord 22.25 f~t) (~hord bearing N 42° 59' 15" E) fur 25.07 ft~t to a point oftangenc~, thence run N 04° 53' 1~' W aJong a westn4y ~ of said proposed easezn~nt for 3.51 fs~t to an inten~:~n with a ~ 30 f~t nox~h~ from (as measured on ~ perpendi~.dsr) and parallai with th~ south line'of said proposal Tract 02; thence mnN 89° 08' 11' W for 190.~6 f~st to an intor~ioll with said commt~11 ~ to said Tril~t 0:2 and said Tra~t L2; ~ nm S 04~ 53' ~9" E for 20.10 f~et to th~ Point of B~inning. Containin8 3,758 ~quare ft~t more or lesa or 0.09 a~es more or l~ss. B~u'ings !u~inahove nu~tio~ asnun~s the north ~ of the northwest quart~ (NW- 1/4) of S~ction 27 to be S 89° 04' 03" E. ~nal Land S~ Ftorid~ ~cam No. 4052 (For thn F'u'm: LB 6773) EXHIBIT Page ';~ of .B DESCRIPTION ~.~.¢~ ~ ~ q ~ ~ STRAP NO. 482527013.0003A27, OCEAN BOULEVARD PARTNERSHIP, A tract or parcel of land for a utility ea.sane~ lying in Section 27, Town.ship 48 South, Range 25 East, Collier County, Florida being more partic,,larly ~ as follows: Commencing at the intersection of the south line ofImmokalee R~ad (C.R. 846) and the west line' of Creekside Way (Tract R) as shown on plat of Creek-~id¢ Commercx Park W~'st-Unit One recorded in Plat Book 29, Page~ $7-55 of the Public Record~ of Collier County, Flor/da; thence run S 0I° 39' 00" E for 20.02 feet along the said West line of Creekside Way;, Thence nmN 89°04'03" Wfor 21.06 feet to the Point of Beginning. From said Point of Bc~nning run N 89° 04' 03" W along said south side of Immnkale~ Raad for 28.94 f~et; thenc~ nm S 45* 2I' 0T' E for 57.82 feet to an intersection with llne parall~l with and 10 ~ westerly from (as measurcd on a perpendicular) said we~t ~ of Cr~ksidc Way;, th~nc~ nm S 01' 39' 00" E along said parallel ~ for 303.27 f~; thence run S 44° 22' 18" E for 14.74 f~t to a southerly prolongation of said west li~ of Cre~ksid¢ Way and tlm west line of said Cre~kside Commexc~ Park West-Unit One; thcnc~ runN 01° 39' 00" W along said west ~ and the wc~ line of said ~¢ Way for 332.58 feet; Thenc~ runN 45° 21' 07" W for 30.45 feet to the Point of Bc~nning, Containing 4,062 squar~ f~t more or l~ss or 0.09 ~ more or le~s. Bearings hereinabove mentionexl a~,rr~ th~ r~rth li~ of the northwest quartex ~.- 1/4) o£ Section 27 to be S 89" 04' 03" E. Professional -La~d Surveyor Florida ~ No. 4052 (For the Firm: LB 6773) Revision: 4/28/00 Sheet 3of 3 UG 0 1 2000 · /7,,~ EXECUTIVE SUMMARY SUMMARY OF THE CO[~TY'S SOLID WASTE DISPOSAL CONSIDERATIONS OBJECTIVE: To provide the Board of County Commissioners with a summary of all solid waste disposal considerations including complementary technologies. CONSIDERATION: The Board of County Commissioners directed staff to provide a summary of the County's investigations regarding solid waste disposal alternatives during the Board June 27, 2000 meeting. Over the past nine years the Board has directed staff to investigate several disposal options~. Highlighted below are the more significant considerations and a brief history. Attached, as Exhibit lI is the Cost comparison of each alternative. A. MAXIMIZATION OF EXISTING LANDFILL SITE a) A review of the initiatives studied to date makes it clear that the major impetus for these investigations is elimination of the odors emitting from the landfill as well as the need to provide capacity for long term future growth. b) The' various odor removal systems implemented or proposed have either not demonstrated their .ability to perform as promised or were rejected outright based on technical analysis prior to implementation. c.) The odor removal system currently being implemented by Waste Management, Inc. shows promise but has yet to stand the test of time and continuous operating performance. d.) Property north of current landfill was acquired for future landfill expansion as recommended by ?BS&J and approved by the Board in 1993. Expansion of the landfill was later determined to be undesirable and the Board later declared the land surplus. B. NEW COLLIER COUNTY LANDFILL SITE The Landfill siting committee studied various sites and recommended Site "L" for Board consideration as a new landfill location. Staff recommended acquiring site "L" and relocating the landfill by 2005. The Board ultimately rejected site "L" due to community and cost considerations. The other identified sites were not considered viable and the landfill siting process was terminated. C. HAUL AND DISPOSAL OUTSIDE COLLIER COUNTY The export of solid waste to landfills outside of Collier County was considered, Request- for-Proposals were received and contract negotiation were held before being terminated primarily for cost considerations. D. WASTE-TO ENERGY OPTIONS {INCINERATION) The Board also directed staff to investigate the feasibility of utilizing the Lee County Waste to Energy facility as a solid waste management alternative for Collier County. A Attached, as Exhibit I is the chronology of the Solid Waste disposal considerations before the BCC 1,91. i I report was prepared by Malcolm Pirnie and presented to the Board on June 27, 2000. Due to cost considerations and lack of Lee County support this alternative was not further considered. a) The Malcolm Pirnie study suggested that the most economical solution to Collier County's solid waste disposal needs are: · Eliminate the odor problem at the Naples Landfill, a program currently under way and showing potential promise. · Implement the optimal utilization of the available land at the Naples Landfill site. b) Any waste-to-energy system involving combustion at high temperatures will also require the development and operation of an "ash fill" (landfill) to disposeof ash and the portion of the waste stream that cannot be incinerated. This requires a lined cell and leachate collection and treatment system to contain the resulting ash. In addition to the techniques highlighted above, several other unsolicited technologies have been recently received with respect to solid waste disposal. Primary fact gathering has been conducted. Listed below are the proposals received. a) Waste Gasification Systems, by "City, Clean" of Dresden, Germany, 7/00 b) Plasma Destruction Systems from: Anara Group, Ltd., 3/98 Toups Technology, 6/99 c) Landfill Gas Utilization by Power Generation from: Alleghency Energy Resources (AER), 10/95 DTE Biomass Energy, 7/00 FISCAL IMPACT: There is no fiscal impact associated with this report. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with presentation of this report. RECOMMENDATION: That the Board of County Commissioners review and accept this report. PREPARED BY: ~--'- '- --~_ --' ._ I. L-~-?_ ._,) DATE: G. George Yilmaz, Ph.D., P.E., P.H., R.E.P. Interim Solid Waste Department Director APPROVED B~7~//" ../'/'/ /'"' Date: Adrmmstrato~ -"' EdSward N. Finn, Interim Public Utilities' EXHIBIT I HISTORY OF COLLIER COUNTY SOLID WASTE DISPOSAL AND COMPLEMENTARY TECHNOLOGY CONSIDERATIONS A summary of the solid waste disposal and complementary, technologies that have been studied by Collier County presented in chronological order as follows: CHRONOLOGY 5/21/91 7/13/93 3/94 4/26/94 To improve landfill operations and extend the lifetime of the Naples Landfill. the County contracts with Post, Buckley, Schuh & Jemigan. Inc. (PBS&J) "to develop and Implement an integrated solid waste management facility plan for the Naples Landfill. PBS&J delivers their final Landfill Development Phase I report, evaluating tile County's solid waste disposal & processing facility needs for the next 20 years. The consultant surveyed all possible landfill sites in Collier County and recommended that the County acquire the "expansion land" north of the landfill, as this parcel "provides the greatest potential for a landfill siting" and would add roughly 17 years to the lifetime of the site. The BCC agreed to begin acquisition of the land. Staff discusses soliciting bids for design and construction of a landfill gas management system at Naples Landfill. The idea is postponed, then added to an RFQ for "landfill site optimization". Hoping to avoid expanding beyond the original Naples Landfill site and extend its lifetime, the BCC authorizes RFQ 94-2148 to find companies offering alternate waste disposal technologies, then authorizes RFP 94-2265 for "Solid Waste Stream Alternatives". 9/27/94 4/25/95 BCC approves negotiation with Waste Management, Inc. of Collier County, per RFP # 94-2227 (see 3/94), for landfill operations and site optimization. The Landfill Operation Agreement with Waste Management becomes effective in February, 1995. Responses to RFP #94-2265 for Solid Waste Alternatives "to increase recycling activity and reduce landfill disposal" are reduced to: Page 1 of EXHIBIT I 7/19/95 8/9/95 Also: 10/4 - 24/95 12/2/96 12/96- 1/3/97 1/30/98 1. Composting proposals from both Bedminster BioConversion and PWT Waste Solutions. Given the land (100 acres) and infrastructure requirements of a composting facility, staff recommends this option be tabled until or when a new landfill site has been chosen. 2. FCIL Inc. offered to build a cornposting/sorting facility and pay the County $5/ton of cornmingled recyclables delivered. Staff asks for authorization to "further investigate" the development of a materials reclamation facility (MRF) with FCR, Inc, Because it hoped to locate a new landfill site, the BCC declined to pursue the MRF option at this time. The Collier County Landfill Citizen's Advisory Committee meets to discuss siting a new landfill. Collier Count5' Landfill Site Assessment Project Team submits its Organization Memorandum The Collier County Landfill Citizen's Advisory Committee meets to discuss sizing the future landfill and Exclusionary Criteria. Allegheny Energy Resources (AER) proposes to use landfill gas (LFG) to generate power. Staffre~4ews the idea with several LFG-to-Energy developers, then discusses LFG power generation and energy prices With Florida Power & Light (FP&L). They do not expect to need significant additional capacity until 2004. Both AER and FP&L felt the best use of LFG at Naples Landfill would be for either on-site power or as a heat-source at the South Water Treatment Plant. Otherwise, LFG utilization at Naples Landfill would be uneconomical, since the expected revenues would not cover the cost of the LFG facility before gas generation stopped. Dr. Charles Stokes submits an unsolicited report: "An .~nalysis 0fthe Naples Landfill Odor Problem and a Proposed Solution", addressing H2S generation at both NLF and the South Water Plant. He proposes using "landfill fanS". Staff responds that the NLF gas-collection system already being built should reduce odor there. The Water Plant is already scheduled to have a new scrubber installed in 1997. Fans will not be necessary. Rust Engineering (WMI) suggests it would be possible to utilize NLF LFG for power generation. The Solid Waste Assoc. of North )u-nerica (SWANA) confirms Rust Engineermg's estimate of $1.005 per milton BTU. Staff discusses the idea with other LFG companies, and concludes that the economics of LFG-utilization have not yet changed significantly, despite possible Federal tax- breaks for "green power". Hoping to close Naples Landfill without siting a new landfill, County issues RFP # 98-2779 for Page 2 of EXHIBIT I solid waste export proposals (Addendum ~4, 2/25;98). ,~ter negotiation with the lowest bidder, staff says the cost will be too high (see 3/24/98). The BCC drops the idea. 2/14 - 3/10/98 Anara Group, Ltd. contacts the BCC with an unsolicited proposal for a "Multi-fuel Thermal Energy Recovery Plant". The Solid Waste Department discovers that .~nara is a multi-level marketing company promoting a novel version of"plasma-destruction", an expensive technology used elsewhere for the destruction of hazardous wastes. Anara's claimed performances exceed known physics (a 35,000% increase in efficiency, for example, only likely in nuclear fusion) and their pilot plant only burned office paper and is under investigation by the State of Georgia. When Anara's representatives met with Solid Waste staff, they could not explain how their system worked and promised to provide backup information within 30 days. They never did. .amara's technology remains unproved, serious questions remain about their process, and their descriptions were confused and misleading - with some aspects being extremely unlikely. 3/24/98 Staff asks BCC to "Approve a solid waste disposal plan to provide cost effective waste disposal service that will meet Collier County's current and long-range needs': .I. Exporting Waste: Cost analysis indicated this would require a $13.67 increase in residents' annual assessments, and a 12.67% in the a(,erage commercial customer's monthly bill. 2. A New Landfill Site: The Dufresne-Henry, Inc. Consulting team submitted a report detailing cost estimates for construction and operating a new landfill at site "L", concluding that a premium of $5.34/ton would be needed to support development, operations and closure. This translated to a 4.95% increase in both residents' annual assessments and commercial customers' monthly bills. 3. Landfill Odor Control was addressed: Staff investigated other counties' H2S control systems. An assessment of current Naples Landfill conditions was being conducted, and a resulting action plan with associated costs was to be brought to the BCC for approval. Conclusion: Landfilling capacity remains an essential element to the County's waste disposal needs. AJthough various disposal contracts may be available, there was no way to guarantee the continued viability of the contractors. Therefore, staff recommended acquiring "Site L" and relocating the County's disposal operations to that new landfill in eight years (by 2005). The BCC later instructed the County Attorney to cease pursuit of"Site L". As there were no other v/able sites. the County's landfill siting process was thereby terminated. 5/25/99 After hearing the odor-control recommendations of both staff and WMI's engineers, BCC Page 3 of EXHIBIT I 6/22/99 6/23/99 5/2/00 5/23/00 6/13/00 6/27/00 Also: :-'~Jso: approves $2,780,000 for "Repairs, Modifications and Equipment Necessary" for Continued Operation of the Naples Landfill". These repairs include the leachate drainage system, early closure of Cell 6 (Phases I-If) and a landfill fan system. The BCC approves a Solid Waste Budget )wnendment for $310,322 to pursue acquisition of parcels in Section 25, north and contiguous to the Naples Landfill - for "development of a public golf course and/or action sports park". The Real Property Department will handle this project. BCC approves $74,000 for 4 Jerome 631X H2S monitors and an automated Weather station, for the Solid Waste Department's proposed Odor Monitoring Program. Toups Technology Licensing, Inc. contacts the BCC to promote their "AquaFueler 1500';: an underwater pyrolitic waste-burning process which produces "clean-burning AquaFuel" (a.k.a. "Phoenix 777'"), a hydrocarbon which can then be burned to generate energyl Toups claims their process is "23 times more efficient", but this is because they use 80% fuel oil. Besides, Collier County's solid waste does not come in liquid form. The process information is filed, but the County does not ask fo} more. BCC approves RFP# 00-3046, for a Solid Waste Characterization and Program ,Analysis Study BCC accepts "Report to the Board on the Solid Waste Growth Element", which requests direction from the BCC on fi'anchise contract procurement procedures, outlines options for landfill expansion and alternate disposal technologies to be evaluated by consultant. The BCC will wait to hear the consultant's report(s). BCC approves contracting with consultant Malcom Pirme to conduct a Solid Waste Characterization and Program Analysis Study, per RFP # 00-3046. For $43,500, their Task #1 is to evaluate a proposed Lee County WTE Option. Staff requested an additional $67,266 for engineering services and infi-astmcture construction for the Naples Landfill Fan System. Malc0m Pirnie's "Lee Incinerator Option" Report is presented to the BCC, but the option is dismissed as politically untenable. Instead, the BCC requests a "report summary of everything we have done", to be presented to the BCC on August 1, 2000. Page 4. of EXHIBIT 6/22/99 ?~SO: BCC approves "Florida Department of Environmental Protection Consent Order Regarding Odor Emissions", specifying a December 1, 2000 deadline for demonstrating the end of odor problems. The BCC approves Gift Purchase Resolution//99-270 (16c(3)) to acquire the remaining properties north of the Naples Landfill "by girl or purchase". As of 7/12/00, six properties remained in private hands. 7/6/00 "City Clean" of Dresden discusses their waste-baling and pyrolisis waste-to-energy process with Solid Waste staff. They would separate recyclables (with a MRF) and then homogenize the remaining solid waste. The waste would then be baled and burned m an oxygen atmosphere. The waste gas produced would fuel generators and any remaining solids would be reduced to an inert slag. City Clean will produce updated reports in English and will submit a proposal if Collier County decides to issue an RFP. 7/14/00 After several weeks of discussions. representatives of DTE BioMass Energy, Inc. (BED meet with staff to discuss theft proposal to build a LFG-utilization facility at Naples Landfill. SOLID WASTE DISPOSAL & COMPLEMENTARY TECHNOLOGIES (Names/dates of companies are "bulleted") A. Solid Waste Disposal Considerations Use Current Site · Post, Buckley, Schuh & Jermgan - 7/13/93 · BCC - 4/26/94 · "Solid Waste Element of the Growth Management Plan" - 5/2/00 Expand Beyond Boundary of Current Site · Post, Buckley, Schuh & Jemigan- 7/13/93 · WMI Landfill Operations Agreement - 9/94 Build New Landfill m Collier County · Post, Buckley, Schuh & Jernigan- 7/13/93 · The Colher County Landfill Cit/zen's Advisory Comm/ttee - 7/95 to 5/99 · Dufi-esne-Henry consultants: Staff Report to the BCC - 3/98 Page 5 of EXHIBIT Export Waste · RFP 98-2779: Negotiation with winner WMI - 1/98 · Dufi-esne-Henry consultants: Staff Report to the BCC - 3/98 Lee Incinerator Parmership · "Solid Waste Element of the Growth Management Plan" - 5/2/00 · Malcom Pirnie Report - 6/27/00 6. Colher/Lee WTE Parmership · Malcom Pimie Report - 6/27/00 Waste Gassification Systems · "City Clean", Dresden, Germany - 7/00 · Toups Technology - 6/23/99 8. Plasma Destruction Systems · Anara Group, Ltd. - 3/98 B. Landfill Gas Utilization LFG Power Generation · Allegheny Energy Resources (AER) - 10/95 · Rust Engineering (WMI) - 12/96 to 1/97 · "Solid Waste Element of the Growth Management Plan" - 5/2/00 · DTE Biomass Energy - 7/00 C. Landfill Odor Reduction Landfill Fans · Dr. Charles Stokes' Analysis & Proposed Solution report - 12/96 · BCC approves fan system as possible part of NLF "improvements" - 5/25/99 · On hold pending results of the odor control consent order implementation"-6-27-00 BCC meeting Studies of other counties' H2S control systems · Dufresne-Henry consultants: Staff Report to the BCC- 3/98 Page 6 of EXHIBIT I "Repairs & Modifications" (leachate system, gas collection system & early closure of Cell 6) · Staff& WMI engineers - 5/99 · FDEP Consent Order Regarding Odor Emissions" - 6/27/00 Establish Use of four Jerome H:S analyzers for stationary. and portable odor monitohng · Solid Waste Department staff- 6/22/99 · "Solid Waste Element of the Growth Management Plan" - 5/2/00 FDEP Consent Order Regarding Odor Emissions" - 6/27/00 5. Remove Drywall (Gypsum sheetrock) fi-om consauction & demolition (C&D) debris · "Solid Waste Element of the Growth Management Plan" - 5/'2/00 D. Waste Reduction Waste Reduction at the Landfill(s) a. Materials Recycling Faciliw to process recyclables from the curbside recyclables ~,"Clean MRF") · FCR, Inc. - 4/25/95 b. Waste Sorting & Materials Recycling Facility to sort recyclables from waste ("Dirty MRF") · FCR, Inc. - 4/25/95 c. Waste Cornposting Facilit3' (recyclables and non-putrescibles would have to be sorted out first) · Bedminster BioConversion - 4/25/95 · PWT Waste Solutions - 4/25/95 · FCR, Inc. - 4/25/95 Waste Reduction in the Collection Program a. Waste Characterization and Program .Analysis Study · Malcolm Pimie Inc.- 5-00, Scope of Services under negotiations · To provide information and data for Waste reduction, Recycling, Re-use, and Evaluation of disposal options such as WTE and Bio-reactors. b. Waste reduction and recycling education and public involvement campaign · BCC approved program for FY 00/01 · Goal is to reduce waste stream by 35% Page 7 of EXHIBIT Potential Options for Operational Changes to encourage waste reduction · By charging residents differently for the three sizes of containers in the automatic collection program, a volme-based system would link a volme of Waste with the cost of its collection. i) Pros: A volme-based system would encourage waste reduction and recycling, extend landfill life, and reduce the ultimate cost of service to residential customers. Most residents would be pleased with the latter result. ii) Cons: Implementation would be difficult during inauguration of a new collector, new collection areas and (possibly) a new collection system. In addition, the admimstration and bilhng of such a system would be more complex than the current system. It would be difficult to operate such a system with the responsiveness and degree of equality the citizens of Collier County expect and currently receive - new staff would be needed. · Once-weekly garbage collection, with weekly recycling and yardwaste (County currently has 2:1:1) i) ii) Pros: Collectors would find once-a-week collection more efficient, and so would charge customers lower collection rates. Cons: Some residents would4~b~t to having garbage collected only once a week. Page 8 of EXHIBIT I PG. ,/'// 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 44 47 48 49 Bridgewater Utility Facilities Reimbursement Agreement This Agreement is made and entered into this __ day of ,2000, by and between LB/P Groveway LLC a Delaware limited partnership (hereinafter referred to as "Developer") and the Board of County Commissioners of Collier County, Florida, as the Governing Body of Collier County and as Ex-Officio the Governing Board of the Collier County Water-Sewer District (hereinafter referred to as "County"). Recitals Whereas, Developer either has legal control over or is the legal owner of certain lands described in Composite Exhibit "A" (hereinafter referred to as "Developer's Project"); Whereas, Developer desires to construct certain utility facilities to serve the Developer's Project in advance of the County's current capital' improvement_schedule; and Whereas, the County Public Works Division has recommended to the Board of Commissioners that it will be advantageous to the public for Developer to install certain water and wastewater utility facilities described in composite Exhibit "A" which are hereinafter referred to as the "Utility Project", and are composed of, among other things, up-sized water and wastewater utility facilities which are larger in size and will can-y capacity in excess of the size and capacity determined by Developer to be needed solely to accommodate Developer's Project; and Whereas, Developer has submitted to the Collier County Public Works Division staff an acceptable proposed plan and estimate of costs for the Utility Project, which include: (a) a narrative description of the Utility Project; and (b) an acceptable proposed time schedule with the completion of the Utility Project prepared by a professional architect or engineer; and (c) acceptable additional professional opinions of the probable construction costs for the Utility Project prepared by a professional engineer; and Whereas, Developer is amenable to installing the Utility Project in a manner consistent with the master plans, standards and procedures employed by the County; and Whereas, the County is amenable to reimbursing the Developer's increased materials costs and increased installation costs incurred and paid by Developer which said costs would not have been incurred or paid but for the up-sizing of the subject water and wastewater transmission facilities; and Whereas, the Utility Project contemplated under this Agreement shall be construed and characterized as work done and property rights acquired by utility or other persons engaged in the collection or distribution of wastewater or water for the purpose of const~ on established rights-of-way, mains, pipes, cables, utility infrastructure or the -1- 2ctin~ or installin~ like; 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ~23 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 5 47 48 49 Whereas, the Board of County Commissioners finds that the reimbursement contemplated by this Agreement is consistent with and furthers the County's existing capital improvement element of its comprehensive plan; and Whereas, this Agreement shall not be construed or characterized as a "development a=reement under the Florida Local Government Development Agreement Act. Witnesseth: Now, therefore, in consideration of the covenants contained in this Agreement, Ten Dollars ($10.00) and other good and valuable consideration exchanged amongst the parties, it is mutually agreed between the parties as follows: ' 1. Recitals Incorporated. The above recitals are true and con'ect, and shall be incorporated herein. Permits Required Prior To Construction. Developer shall obtain all 'required permits to construct and install the Utility Project prior to the commencement of any portion of the Utility Project. Construction Of Project By Developer. Upon approval and execution of this Agreement by Developer and the County, Developer convenants to construct and completely install at his cost and expense the utility facilities described in Utility Composite Exhibit "A". o Inspections. As a part of the acceptance procedures employed by the County, Developer agrees that he shall cause his engineer to provide to the Collier County Public Works Division documentation acceptable to the Public Works Administrator which documents that Developer's engineer. has inspected the subject Utility Project during construction, installation and interconnection with the County's regional system. Such documentation shall v.erify compliance with all applicable federal, state and local procedures and standards. F/Bar barao'/A greements -2- County To Reimburse Developer. Upon acceptance and recording of all appropriate conveyance documents to the County which relate to the Utility Project in a mariner which conforms with the standards and procedures employed by the County for the acceptance of regional wastewater and water utility infrastructure, and after receipt by the Public Works Division Administrator of a satisfactory written verification of unconditional payment in full for the materials, installation and all other costs of the Utility Project, the County agrees to reimburse Developer for certain material and installation costs of the Utility Project in the sum total of two hundred forty-nine thousand seven hundred and twenty-seven dollars ($249,727) that is reflected on the schedule of reimbursement attached as Exhibit "B" In no case whatsoever shall the County's maximum payment obligation under this Agreement exceed the total amount to be paid Developer as shown on Exhibit "B". Further, no reimbursement shall be made for any installation cost or material cost of a pipe size that is otherwise required of Developer as a part of a planned unit development ordinance, site development plan or any other ordinance, or regulation, condition or permit Ifther~ ~]~ould ~.,, 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 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 10. 11. 12. 13. be a reduction in the cost to Developer for reimbursable materials or installation costs, from the estimated costs specified in composite Exhibit "B", such cost reduction to Developer shall also reduce the County's reimbursement obligation, pro rata, e.g., if the reimbursable cost to Developer should be reduced by five percent (5%), the County's obligation hereunder shall be reduced by the five percent (5%). Record Retention. Developer shall keep or provide for the retention of adequate records and supporting documentation which concern or reflect the total cost of construction or installation of the Utility Project. This information shall be available to County, or its duly authorized agents or representatives for audit, inspection, or copying, for a minimum of five (5) years from the County's execution of this Agreement. No Claim To Any Impact Fee Credits. Developer represents and warrants to the County that it has no claim and agrees to make no claim whatsoever for any water or sewer impact fee credits associated with the development of the Developer's Project or arising from this or any prior agreement, requirement or obligation, including but not limited to any claim to impact fee credits under the provisions of Chapter 380, Florida Statutes. Survival Of Other Requirements. The failure of this Agreement to address any permit, term or restriction shall not relieve the Developer, or its successors, of the necessity of complying ~vith any law, ordinance, rule or regulation governing said permitting, requirements, conditions, terms or restrictions. This Agreement shall be modified or revoked as is necessary' to comply with all relevant state or federal laws, if state or federal laws are enacted after the execution of this Agreement which are applicable to and preclude the parties' compliance with the terms of this Agreement. Amendment. Except as provided herein, this Agreement shall only be modified or amended by a mutual written consent of the parties hereto or by their successors in interest. Binding Effect. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to all successors in interest to developer. Risk Management Guidelines. The performance and execution of this Agreement. shall be carried out in conformance with the risk management guidelines established by the County's Risk Management Department, as more particularly described in Exhibit "C" attached hereto and incorporated herein by reference. Recording. This Agreement shall be recorded in the official records of Collier County, Florida, within fourteen (14) days after the County, by its duly authorized chairman, executes this Agreement. Enforcement. Any party to this Agreement shall have the ability to file an action for injunctive relief in the circuit court of Collier County to enforce the terms of this Agreement. Said remedy being cumulative with any and all remedies available to the parties for enforcement of this Agreement. -3- ,~.-1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ~3 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 14. Severability. In the event that any portion of this Agreement shall be found to be unenforceable in any legal proceeding, the remaining provisions shall remain in full force and effect. 15. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter referred to herein. In Witness Whereof, the parties have executed this Agreement as of the date and year first above written. Witness LB/P GROVEWAY LLC a Delaware limited partnership Printed Name By: (signature) Witness Printed Name (print name) Title: STATE OF FLORIDA COUNTY OF SWORN ANT) SUBSCRIBED to before me this __ day of ,2000, by , Managing Partner of LB/P Groveway LLZ a Delaware limited liability company, on behalf of the partnership. He is [ ] personally known to me. (SEAL) Notary Public Printed Name Commission No. My Commission expires F ,Barbare, Agreements -4- AG EJ~,~T~ ~4~ No, ~ "'-'"-~ ~'~? 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ATTEST: Dwight E. Brock, Clerk By: Approved as to Form and Legal Sufficiency: Assistant County Attorney Board of County Commissioners of Collier County, Florida as the Governing Body of Collier County and as Ex-Officio the Goven-fing Board of the Collier County Water and Sewer District. By: Timothy J. Constantine, Chairman F/Barbara//Agreements -5- Pg. G 1 3 4 5 6 7 8 9 10 11 12 '13 14 Exhibits Exhibit A -- Location and Narrative Descriptions of Project Project Schedule and Cost Differential Schedule Exhibit B-- Breakdown of Water and Sewer Reimbursement Costs Exhibit C -- Risk Management Guidelines (County provides) -6- AG ITE EXHIBIT A BRIDGEWATER BAY Umr PRO~rECT LOCATION The Bridgewater Bay project is located in Section 1, Township 49 Sour. h, Range 25 East. It is located along the we;t side of the future Livingston Road, one quattro' mile south of Vanderbil; l~¢ach Road. NARRATIVE DESCRIPTION 01: TI'L~ ~ROJECT The utilities to be upsizod as r~tuest~xi by Collier County. are as follows: Sanitary, Sewer Force Main: Upsize force main ($" to !0") from pump station number 2 within project along Bridgewater Bay Boulevard and Livingston Road to connection at existing 16" force main on south side of Vanderbilt Beach Road; upsiz¢ force main (4" to 5") iota southern portion of project at Bridgewater Bay Boulevard and Orange blossom Drive to pump station Number I; add ~," £orce main connection for flows from future developments along the north side of Orange Blossom Drive. Water Main: Upsize water main (12" to 16") from northeast project entrance along Livingston Road to connection to existing 30" water main on aorth side of Vanderbilt Beach Road; add $" water main and casing for future connection at The Orchards project; add 10" w'at~ main connection and casing for flows from future developments along the nor, h side of Orange Blossom Drive. PRO,rECT SCHEDUL£ It is anticipated that the atihties will be constutored and ready for serb'ice by November 2000. Award of Contract Sran of Construction Substantial Completion Final Completion 3129/00 4/17/00 10/2/00 11/0/00 W:\1090~,1999006\wtchg...',~I]~ IT A- ~-o~r~cl~ w~r & ;*'a~r000'717.doe i I I PROVIDE: CASING FOR W.M. CRO~NG BRID(~-WATER BAY BLVD. STUB OUT5 10"FJd. L 16'W.M. FOR ALL CROSSINGS I!I !FUrdee 6'F. la. - ! -- SHARED PROJECT ENTRANCE --STUB OUT W.M. FC~ EXTENSION ALONG FUTURE UVINGSTON ROAD --FUTURE 16"W.M. FUrdee LOOP TO W.M. UPON DEVEL- BLOSSOM DRIVE I Ex'rENSION (BY AUG 01 2ooo W,T,C' ~512 nl~E~~r,,,,ma~,s,,~y~ IMPROVEMENTS ~' ": ~' ~ ~ 715 1~ ~ ~. N~ ~ ~10Z - P~e : (941) 262--4617 DA~ : ~- ~ E - ~ x EXHIBIT 'C' RISK MANAGEMENT GLIDELINES Insurance Provisions: Developer shall require all contractors performing work pertaining to this Agreement to procure and maintain the following insurance policies. Prior to the corm'nencement of work, Developer shall provide to the County,' certificates of ;insurance indicating these coverages. - Comprehensive General Liabitiw: Contractor shall maintain minimum limits of $1,000,000 per occurrence Combined Single Limit for Bodily Injury Liabiliw and Property, Damage Liability. This shall include Premises and/or Operations, Independent Contractors and Subcontractor, Completed Operations, Board Form Property,' Damage, XCU Coverage and Contractual Liabili~' endorsement. Worker's Compensation: Coverage shall apply for statutory Limits m compliance with applicable state and federal laws. The policy must include Employer's Liabiliw with a limit of $1,000,000 each accident. Business Automobile: Contractor shall can3y minimum limits of 51,000,000 per occurrence Combined Singie Limit for Bodily Injuqf include Owned Vehicles, Hired and Non-owned Vehicles and Employee Non-ownership. Additional Insured. Miscellaneous: The Collier Counw Board of County Commissioners are to be added as an Additional Insured on both the Comprehensive General Liability,' and Business Auto Liabiliu.~ Policies. Current valid insurance policies meeting the requirements herein identified shall be ,maintained during the duration of the utiiity project. Renewal certificates shall be sent to the County 30 days prior to any expiration date. There shall be a 30-day notification to the county in the event of a cancellation or modification of any stipulated insurance coverage. Developer shall be responsible for ensuring that the contractor complies with the above-mentioned requirements. No work shall commence until proper certificate(s) indicating compiiance are received by the County. Indemnification Provisions: Developer, in ccnsideration of Ten Dollars (510.00) receipt and sufficiency of which is accepted through the signing of the Agreement to which this exhibit is attached shall hold harmless and defend County, and its respective agents and employees from suits and actions, including attorney fees and all costs cf litigation and judgments of any name and description arising out of or incidental to Developer's performance under the subject Agreement or the relocation of the Utility Facilities thereunder. This provision shall also pertain to any claims brought against the County by any employee of Developer, any Contractor or Subcontractor or anyone directly or indirectly employed by. them. Developer's obligation under this provision shall not be limited in any way by' the conud.bnt~aa ......_,. amount or Developer's timit of or lack of sufficient insurance protection.li ,..f<~ ~(_~_~]~2 ! AU6 EXECUTIVE SUMMARY AMEND THE COLLIER COUNTY WASTEWATER MASTER PLAN AND APPROVE THE LB/P GROVEWAY UTILITY FACILITIES REIMBURSEMENT AGREEMENT OBJECTIVE: That the Board of County Commissioners as the governing body of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District ("CCWSD") amend the Wastewater Master Plan to include a 10- inch sewer forcemain to serve the Livingston Road corridor in the area south of Vanderbilt Beach Road and approve a Utility Facilities Reimbursement Agreement with LB/P Groveway ("Developer"). CONSIDERATIONS: The Livingston Road Corridor between Radio Road and Immokalee Road has been planned for expansion for over 10 years and utility service has long been anticipated to accompany the road. Due to the uncertainty of when the Livingston corridor would be developed the Wastewater Master Plan did not include service expansion into this area. The Water Master Plan does contemplate expansion into this area. The Developer desires to construct the Bridgewater Bay project south of Vanderbilt Beach Road and adjacent to the west side of the proposed Livingston Road. The Developer is constructing water and sewer mains to its project. The County and the Developer have negotiated an agreement to construct these facilities to accommodate future water and sewer service demands. The proposed 'Utility Project is consistent with the Water Master Plan. In the absence of this area being master planned for sewer service, Staff and the Developer's engineer determined appropriate sewer force main sizing to serve this area. Accordingly, staff is recommending the Board approve amending the Wastewater Master Plan to include 3,700 feet of 10-inch sewer force main to serve areas in the vicinity of Livingston Road and Orange Blossom Drive. Staff has reviewed the CCWSD Capital Improvement Program (CIP) in light of advancing the Utility Project and has concluded that the CIP will not be adversely impacted. The proposed cost sharing agreement provides for The Developer to install 3,700 lineal feet of 10-inch sewer force main and 2,350 lineal feet of 16-inch water main. The agreement calls for the Developer and the County to share project costs based on the County paying for upsiz'mg the lines and the Developer paying their share of the project. The County Attorney's Office has reviewed the proposed agreement. The total estimated project cost is $410,005. The Developer will fund $160,278. The County's share is $249,727. The Developer will receive a cash reimbursement for the County's portion of the project upon acceptance of the facilities. Water and sewer impact fees will be the source of funds. FISCAL IMPACT: The estimated cost to the County is $249,727. The cost will be split between Water Impact Fees, $187,697 and Sewer Impact Fees, $62,030. The Developer will be reimbursed upon acceptance of the facilities by the County. The project schedule calls for the project to be completed in November 00. Funds for the Water main are included in the FY 01 budget under project number 70888. Funds for the sewer forcemain are not included in the FY 01 budget. Staff will request adjustments to the FY 01 tentative budget to reflect the costs identified in the proposed contribution agreement. GROWTH MANAGEMENT IMPACT: Extension of water and sewer service along the Livingston Road corridor has long been contemplated and is consistent with the County's regional utility concept, the Growth Management Plan and the Water and Wastewater Master Plans as amended herein. RECOMMENDATION: Staff recommends that the Board of County Commissioners, the Governing Board of Collier County, and, as Ex-Officio, the Governing Board of the Collier County Water-Sewer District: 1. Amend the list of projects in the Wastewater Master Plan Update to include sewer service to this area. 2. Approve the Utility Facilities Reimbursement Agreement with LB/P. 3. Authorize the Chairman to sign the agreement on behalf of the Board. 4. Authorize disbursements under the terms and conditions of said agreement. 5. Authorize staff to record the agreement in the Public Records of Collier County. Ann Marie Saylor, Interim Ope~tions Director REVIEWED BY: Karl Boyer, Interim Enginering Director E-edward ~N. Finn, Interim ffublic Works Administrator Date ~////~ate Date EXECUTIVE SUMMARY TO ADOPT PROPOSED FY 2001 MILLAGE RATES OBJECTIVE: To adopt the proposed millage rates as the maximum property tax rates to be levied in FY 2001. CONSIDERATIONS: The tax rates hereby adopted must be provided to the Property Appraiser b~ August 4, 2000 for use in preparing the Notice of Proposed Taxes. Each Collier County property owner will receive this notice, which must be mailed by August 24 under Florida Truth in Millage (TRIM) law. During the September public hearings the Board may' maintain or lower millage rates in each taxing unit at the level of the proposed millage rates. The millage rates may not be raised subsequent to this adoption, without meeting additional public notice and advertising requirements. The proposed millage rates and associated tax increases or decreases are included as attachments entitled "Property Tax Rates - FY 01 Proposed" and "Property Tax Dollars - FY 01 Proposed". The proposed General Fund (001) millage rate of 3.5028 is .0030 mills or $0.30 per $100,000 of taxable value less than the adopted FY 00 rate. The proposed countywide millage rate of 3.5473 is .0060 mills or $0.60 per $100,000 of taxable value greater than the adopted FY 00 rate. The proposed Unincorporated Area General Fund (111) millage rate of .8425 is .3222 mills or $32.22 per $100,000 of taxable value greater than the adopted FY 00 rate. This millage rate reflects funding for roadway resurfacing and median beautification previously budgeted in the Road MSTD's. The p~:oposed 4.2134 aggregate millage rate, which factors in all special taxing districts, is .0282 mills or $2.82 per $100,000 of taxable value greater than the adopted FY 00 rate. Public hearings on the FY 2000 Collier County budget will be held on Tuesday, September 6, 2000 and Wednesday, September 20, 2000 at 5:05 p.m. in the third floor boardroom in the W. Harmon Turner building at the County Government Center Complex. GROWTH MANAGEMENT IMPACT: None. AGE'NDA ITF_.M No. S' AU$ - 1 2000 FISCAL IMPACT: The proposed General Fund (001) millage rate of 3.5028 is budgeted to generate $9'7,167,900 in ad valorem tax revenue in FY 01. The proposed Unincorporated Area General Fund (111) millage rate of 0.8425 is budgeted to generate $14,345,900 in ad valorem tax revenue in FY 01. The proposed 4.2134 aggregate millage rate, which factors in all special taxing districts, is budgeted to generate $116,880,200 in ad valorem tax revenue in FY 01. RECOMMENDATIONS: That the Board of County Commissioners: attachments. Michael Smykowski, OMB Director Thomas W. Oniff~fi~Ma~ger Adopt by Resolution the proposed property tax rates for Fiscal Year 2001 as detailed in the Date: Date AGENDA ITEM AUG - 1 2000 PB. 2_. Attachment "A" Collier County, Florida Property Tax Rates FY 01 Proposed Water Pollution Control i 14 0.0355 0.0327 0.0445 36.1% Total County Wide Millage Rate 3.5413 3.2614 3.5473 8.8% Road District 2 103 0,1422 0.1324 0.0000 - 100.0% Road District 5 106 0.3300 0.3045 0.0000. -100.0% Golden Gate Community Center 130 0.2260 0.2157 0.3902 80.9% Pine Ridge Industrial Park 140 0.0356 0.0327 0.0674 1' ~ Golden Gate Parkway Beautification 136 0.5000 0.4839 0.5000 3.3% Isle of Capri Fire 1~ 1.~00 0.9132 1.0~0 9.5% Collier Coun~ Fire 148 2. ~ 2.1541 2.0000 -7.2% Radio Road Beautificahon 150 0.5000 0,4796 0.5~0 4.3% Lely ~lf Essres Beaufificafion 152 1.5~ 1.~75 1.5~ 3.6% Forest L~es Roadway & Dr~nage MS~ 155 1 .~ 0.9628 1.~ 3.9% Bayshore Av~on Beau~lcation 1~ 3.~ 2.8356 3.~ 5.8% Isles of Caph Mufficip~ Rescue 2~ 0.1617 0.1477 0.~ -1~.0% Naples ~oduction P~k S~eet Li~ng 770 0.0616 0.0573 0.~67 - 18.5 % A~NDA I[EM AU6 - 1 2o0o pE. · ,~ Attachment A Collier County, Florida Property Tax Dollars FY O1 Proposed Water Pollu~on Con~l 114 866,988 907,1~ 1,234,8~ 36.1% To~ Co~ty Wide T~ Le~ 86,486,341 90,471,412 98,~2,7~ 8.8% Road Distact 2 103 1,156,37~ 1,237,1~ 0 -1~.0% Road Distact 5 106 572,875 619,577 0 -1~.0% Golden Gate Co~umty Center 130 174,815 182,9~ 330,9~ 80.9% Pine Ridge lndus~al P~k 140 9,802 10,087 20,8~ 106.2% Golden Gate P~kway Beau~ficaoon 136 206,635 210,859 217,9~ 3.3% Naples ~roduc~on P~k 141 34,089 :~A91 9, I~ -73.6% Ocho~e Fi~ Consol I ~6 530,7:1 551,05g 579,~ 5.2% Goodl~o~'s Isl~d F~e 149 61,298 62,369 62,3~ -0.1% Sab~ P~m Road MSTU 151 0 0 0 ~N/A Haw~dge Sto~water ~ping MS~ 154 1,50~ 1,746 4,0~ 129.1% l~ok~ee Beautifica~on MS~ 156 232,0B6 232,991 2~5,0~ . 5.2% P~ GOB Debt Semite 2~ 835,329 880,165 883,4~ 0.4% Isles of Cap~ Municip~ Rescue 244 30,211 31,380 0 - 1 ~.0% N~ples Prod. P~k St. Li~nng 770 13,472 13,61~ 11,1~ Pelie~ Bay MS~U 77~ 520,7~ 55~,512 550,5~ - 1 To~ T~es Levi~ 103,076,362 108,~5,481 117,763,6~ Ag~gate T~es 102,210,822 107,~3,936 116,880,2~ AGENDA ITE~ No, AUG - i 2000 I:,g ._____~ RESOLUTION NO. 2000 - A RESOLUTION APPROVING 'rliE COLrNTY'S PROPOSED MrILL&GE RATES AND SETtING ~ PUBLIC llg, ARING DATES FOR ADOPTION OF THE 2000/01 AMENDED TENTATIVE BUDGETS AND 2000/01 FINAL MILEAGE RATES AND BUDGETS. 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 By:. 33 34 Approved as to form and 35 lczalzufficienc~. 38~,O'David C. W~ig¢l 39 Collier Conmy Attorney WHEREAS, Section 200.065, Florida Stamina, provides the proc~hirc for fixing the millage rates; and WHEREAS, Section 129.03, Florida Sm-a~s, seis fo~ tho ~ for preparation and adoption of the budg~ and ~, the Board of County Commi~ioners has received and cmunincxi the umtative budgets for each of the County's fun,i, incl,ai~g all ~dmated rm~ipl,, tax~ in be levied gad balam~ ~0eoted m be brought forward and all e.,.ti~,--~d expenditures, rcscrv~ and balances to be earned over at the cmt of the ~ and WHEREAS, Section 200.065, Florida Statures, provides that the Board of County Commissioners .~hsll hold public hearings to adopt the t~mative budgeis. NOW, THEREFORE, BE IT RESOLVED BY TI-IB BOARD OF COUNTY COMMISSIONERS OF ' 1. The IagOposed millsge rates as set forth in gle ann~h,'.d F. xtu'bit #A' and incorporat~l hcr~in are hobby approved as the Count!ds proposed mfll,g¢ rates pursuant to Section 129.03 and 200.065, Florida S,-mtos. 2. The public heanngs to adopt the 2000/01 amended tentative budgets and 2000/01 final millage rates and budgets, respc~vcly, inurerout to Section 200.065, Florida Slatram, wr3] be held by the Board of Count~ Commissionms on September 6, 2000 at 5:05 p.m. at the Collier County Government Center, W. Harmon Turnerr Building, Third Floor Board Room, 3301 East Tamiami Trail, Naples, Florida and on September 20, 2000 at 5:05 p.m. at the Collier Coumy Government Conter, W. Harmon Turner Braiding, Third Floor Board Room, 3301 Bast Tsmi~mi Trail, Naples, Florida. This Resolution adopted this I' day of Augu~ 2000 ~ motion, second and majority vote favoring same. ATI I:k.RT: BOARD OF COUNTY COMMISSIONERS DWIGHT B. BROCK, Clerk COLLIER COUNTY, FLORIDA Timothy J. Constantine, Chainn~ AGEND'A I_TE No. AUG - 1 2000 EXECUTIVE SUMMARY RECOMMENDATION TO APPROVE NORMAN FEDER TO THE POSITION OF TRANSPORTATION SERVICES ADMINISTRATOR OBJECTIVE: That the Board of County Commissioners accept the recommendation of Norman Feder to the position of Transportation Services Administrator. CONSIDERATION: Ordinance 93-72 as amended, requires that the Board confirm the County Manager's appointment of Division Administrators. Norman Feder has been recommended for the Transportation Services Administrator position beginning August 25, 2000. This position supervises the following operations: Transportation Planning, Transportation Operations, Engineering and Construction Management, Stormwater Management. Mr. Feder has over 10 years experience in the Florida Department of Transportation as District Director. FISCAL IMPACT: fund. Funds are budgeted and available for this position in the general GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: Feder to the position of Transportation Services Administrator. Prepared by: Mary-Jo E[ro~dministrative Secretary County Ma6-agers Office That the Board of County Commissioners approve Norman Date: and approved by: -- A'"~ Date: Man ThorH a~-V[/. ~::)11iff:-Co n~ ager AUG 0 1 2000 p~ ~ C.~REER GOAL NOl~2,i:-~i: E. FEDER, A[C? Marbrook Cour~ N. iy~:rs, Florida 33915 Apply proven leadership, liaison and cor~ceptual skills to promote sou~nd public decisions and quality service delivery,. EDUCATION Master of Science in Planning May, 1977 Bachelor of Science m Urban Studies June 1973 Florida Starc University Tallahassee, 'R c':ida PROFESSIONA~L EXPERIENCE Bostori, :vl?~oaCilllSgtt S DISTRICT DIRECTOR Florida Department of lranspo~'auan Southxvest Area Office Fort Myers, Florida ACCOMPLISHNIENTS: Appointed as Distrtct Director in Senior Management to establish the Southwest Area Office as mandated by the Florida Le$]slamr~,. Developed the Five-Year Work Program, provided policy 5~re, c'don, local gove.n,a-nen~ coordination and planning for six of Florido's fastest growing counties. As liaison with State Legislators, local elected officials, citizen groups and t~e .m:dza, developed ?art. not,hips that fostered consensus and service delivery. Recruited and n-:,m~'ged a professional zraf7 ~ engineers, planners, right- of-way agents and support personnel Programmed irnvrovements, prepared budgets and selected consultants. Monitored and coordinated all phases o7 producuon ~nd operahons for highway and bridge projects from to.tudor and envirommenta! studies '[hroagh design, r/ght- o£-way acquisition and constract:on. Fostered public ax-,d ?rN, ate parmerships, public information, community involvement and innovative transportation funding to produce needed improvements. Provided technical assistance ~o local governments in the Metropolitan Planming Orgamzation (M. PO) process, the dev,lopment of Local Government Comprehensive Plans consistera with the State Growth Management Act, and the implementation of the Access ~,,ia~agement Act. Coordinated with Federal Highway Admims~afion Division and Washington Offices to admin!ster the Value Pricing Pro,am in Lee County and represente5 the department at seminars throughout the country on transportatmn pricing strategies. 7tom August, 1987 to March, 1997, assumed the added responsibilities of District Director of Planning and Public Transportation Programs for the entire twelve counties ofD~stnct O:-.a, Implemented expanded programs in Aviation, Public Transit and Rail. Managed a st:aft of 52 professionals in Fart Myers and Bartow_ I' AGF. NDA.tTEM No.. '.~ -~ ,~.4. _ AU6 o 12000 October !986 Present NOtLMAN ~. FEDER Page ~ POLICY PLANNING Bureau of Policy PIa.q. ning Florida Department of Tra'~s?o~ab?n Tallahassee, Florida December. i9;~4 to October, i956 ACCOMPLISHMENTS: Policy liaiso: with the Executive C)ffTce of the Governor, House and Senate Transportation Committee;, .other state agencies, ?.egionai Plmmmg Cou.ncils and the Metropolitan Planning Organiz~-:i?:: Advisor,:' Comminee. :-Limlyzed, drafted and lobbled transportanon and growth ma~:-._:c:rr:en: bills in the Florida Legislature. Developed the Florida Transportation Plan wh:ch documented ~e D~a~ent's strategic goals and long- range pohc~esl Developed ~i,c Department's Agency i7uncrional Plan of the State Comprehensive Growth Managemo,'.: Plan. Provided staff su.,';,por~ and coordination for the State;vide Metropolitan Planting C'rsani,zation Advisor?, Con::~itt. ee. Supe.wised a staff of eight professionals. STATEWIDE PLANNING SUPERVISOR Urban Systems Planrang Decerr. bet, Flonda Department of Transportation November. Tallahassee, Flor/da ACCOMPLISHMENTS: Drafted 'and Iobb:.ed unammous pazsa? o flegislation wl'uch significantly ,_,,-. ~,.~o~,nent provisions of Fionda redlrected the Transportation P,a~.:,,~ and Work Pro~a-n ......' .... Statutes. Supervised three prcTcs?,onats ass;gned to dne S:a!ew~de Planning Section. Provided extensive support to tke. Legislative Programs Office dimrig rew'hte of other provisions of the Florida Tran~po?~.rion Code. REGIONAL ENGINEER Urban Systems Planning Florida Department of Transportation --Tallahassee, Florida January. 1982 November. !983 ACCOMPLISHMENTS: Liaison w!:h two Metropohtan Pla.~mng Organizations (MPO's). Prepared scopes of work and mpaaged consultant contracts. Staff coordinator for development and publication cf Flonda's Urban Corridor Needs Study. ?malyzed the Department's funding formulas7 Coveloped sensitivity analysls r~orts and made* presentations to the Funding Review Committee. GOVERIN'MENTAL ANALYST Governor's Energy Office The Capitol Tallahassee, Florida February;, !9S0 tc JanuapT, 1982 AOENDA ITEM No._ ,A- .~ .-9-. N©RMA.N ]5. FEDER Page3 ACCOMPLISfLMENTS: Managed o~her Oc-,'s~'aental A.naiys*.s in ~dr, in:.~::enng thc Transportation Element of the State Energy Conse=,:ation Pla:~. Liaisor. '.','z:h :::u:spomauon agencies and organizations at the federal. state and loca'~ level. Me~,~ber ~f ~he Tecl~'.icai Adv~so? Committee of the State's 21 M~-*::~?o'~i:an P!arm:ng Orgar..izauor~s. Oversaw de,.'~lopment and pubhcation of the Translzcr:at:on Energy Ef~c~encv Manual (TEEM). Prepared Governor's correspondefi~-e an~ ass~ztee :n !'eg~stat~ve e,~_torr. s. inmaieci-a ride shanng program for employees in the Cap~ro'~ Center. ASSOCIAIE PLA.NNER Division of State Planning Bureau of Land and Water Man,_~srnent Tallahassee, Florida April, 197~ to FebruaU, !980 ACCOMPLISHMENTS: Coordinated ~. -.-ask Force of 19 federal, state and local agencies and worked directly with local of.qcia['3 io develop the Cor~nprehensive Land Use Plan for ITT Community Development Co,,-po=c.';ian's ,58,000 acre P~,I~ Coast development ~n Flagler County. Developed a resource plan ~ar the Suwannee ~,:=: and coordinated its designation as an Area of Critical State Ccnce~sn. TRAFFIC PLANNER City of Tallahassee Tallahassee, Florida Februud', 1977 April, 1978 ACCOMPLISHMENTS: Sem'ed as a member of Technical Coordinating Committee of the Tallahassee Urban Area Metrop=l::tan Planning Organization. Reviewed arid prepared impact assessments for all zoning change requests, subd:_,vision plats and abandonment requests. ASSISTA.~-[ IRg, FFIC COOF:=D'~.NATOR Traffic Services September, Florida State University Februai3,', 'Tallahassee, Florida ACCOMPLISI-II~IENTS: Performed studies and developed policy recommendations for the transportation element of the ~ n ~ai.'.a}~us Master Plan. Established a Campus Bus System. PROFESSIONAL MEMBERSHIPS: American Institute of Certified Piav~ners Lnstimte of Transportation Engineers REFERENCES: Furnished upon request .... AI~,_NDA AUG 0 1 20O0 EXECUTIVE SUMMARY REQUEST FOR DIRECTION FROM THE BOARD OF COUNTY COMMISSIONERS CONCERNING A COMPLAINT FILED WITH THE CLERK TO THE BOARD ALLEGING THAT THE ORDINANCE No, 2000-43 AMENDING ORDINANCE No. 91-102, THE LAND DEVELOPMENT CODE, IS INCONSISTENT WITH THE COUNTY'S GROWTH MANAGEMENT PLAN. OBJECTIVE: To obtain Board direction concerning a complaint filed with the Clerk to the Board alleging that Ordinance No. 2000-43 is inconsistent with the County's Growth Management Plan. CONSIDERATIONS: On or around June 14, 2000, the Board of County Commissioners adopted an amending ordinance to the Land Development Code, i.e., Ordinance No. 2000-43. On or around July 14, 2000, American Tower, L.P. filed a complaint with the Clerk of the Board alleging that Ordinance No. 2000-43 was inconsistent with the County's Growth Management Plan. A copy of that complaint is attached to this Executive Summary. This complaint was allegedly filed in accordance with Section 163.3215, Fla. Stat., which allows an aggrieved or adversely affected party to maintain an action on certain kinds of development orders which materially alter the use or density or intensity of use on a particular piece of property and which are not consistent with the comprehensive plan. Under the applicable statutory scheme, the County may respond in thirty (30) days following receipt of the complaint, if the Board reaffirms its original position, the complainant has thirty (30) days to file a lawsuit. The Office of the County AHorney seeks direction as to whether the Board wishes to reaffirm its original adoption of Ordinance No. 2000-43. GROWTH MANAGEMENT IMPACT: Unknown. FISCAL IMPACT: If a lawsuit is filed, the fiscal impact to the County will be the indirect cost of staff and Office of County AHorney time in defending the lawsuit. There also may be some "hard dollar" costs for depositions and the retention of expert witnesses. At this point, it is not possible to estimate those costs with great specificity, although, it is likely they would be under $8,000. RECOMMENDATION: That the Board of County Commissioners direct the Office of the County Attorney as to whether the Board wishes to reaffirm its original adoption of this Ordinance No. 2000-43. AU[ o 1 Prepared by: ~'~v~h a-el W, Assistant County Attorney Reviewed and~--~-~ . ~ ~ ~ Approved by: (,,.~ ~.--.-~,,",,~...z---==~/~ ~ Ra~ffniro Ma~alich, Chief Assistant County AttorneY/ Date'.-'~-~ :~-0 C) h:Mike\ ExSumm \ Ordinance 2000-43 AGENDA ITEM AUG 0 1 2000 pg. AMERICAN TOWER, L.P. a Delaware limited partnership, VS. COLLIER COUNTY, a political subdivision of the State of Florida, Defendants. IN THE CIRCUIT COURT OF THE 20TH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO.: ./ VERIFIED COMPLAINT FOR DECLARATORY AND INACTIVE RELIEF Plaintiff, American Tower, L.P. ("American Tower") by and through undersigned counsel and pursuant to Section 163.3215, Florida Statutes (1999), hereby files this Verified Complaint against Defendant, Collier County, Florida, its employees, agents and assigns (the "County") seeking declaratory and injunctive relief and in support thereof alleges as follows: BERCOW ~. RADELL I::~:fi~)~OI~L ASSOCIATION AUG 01 2000 JURISDICTION AND VENUE 1. American Tower is a Delaware limited partnership leasing property in Collier County on a long-term basis. American Tower's property abuts the communication tower at issue in the lawsuit and is sui juris in all respects. 2. American Tower, by and through the terms of its Lease, is a taxpayer in Collier County. See Exhibit A, pg. 8, paragraph 12. 3. Collier County is a political subdivision of the State of Florida. 4. Pursuant to Section 163.3215, jurisdiction is proper. 5. Venue is proper in that the subject property is located in Collier County and all actions that support American Tower's claims occurred in Miami- Dade County. 6. All conditions precedent to this action have occurred, been performed, or waived. GENERAL ALLEGATIONS AND FACTUAL BACKGROUND 7. On October 30, 1991, the Collier County Board of County Commissioners (the "County Commission") adopted Ordinance No. 91-102, the Collier County Land Development Code (LDC). See Exhibit B. 8. Pursuant to'Section 1.19.1 of the LDC, the LDC may not be amended more than two times in each calendar year. BERCOW 2T~ EADE~ ~ PROFE. S,~ONAL ~IATION AUG o 12000 9. Ordinance No. 2000-~ (the "Amending Ordinance") is the first amendment to the LDC in the calendar year 2000. 10. On June 14, the County Commission, on second reading, adopted the Amending Ordinance to the LDC. A true and correct copy of validated Ordinance No. 2000-43 is attached hereto as Exhibit B. 11. This action is brought pursuant to Section 163.3215(4), Florida Statutes, which requires the filing of a verified complaint with the local government within 30 days after the alleged inconsistent action. 12. · The Amending Ordinance, codified as Section 2.6.35.7, LDC, amended Section 2.6.35 of the LDC which regulates the location, height, and buffering requirements for communication towers throughout Collier County. See Exhibit B pp. 3-4. 13. The Amending Ordinance created an overlay zoning district known as the Alligator Alley Communication Towers (AACT) zoning district that preempted all sections of the LDC regulating communication towers in Collier County. 14. Specifically, the AACT zoning district permitted four new telecommunication tower sites within the 1-75 right-of-way at the following locations: (1) mile marker 52.2; (2) mile marker 92.6 (Everglades Boulevard); (3) existing Florida Department of Transportation (FDOT) tower located on State Road 29; (4) mile marker 63.2 at the 1-75 rest area. AGENDA I'ljF. JVI NO. AU ii ooo B,='RCOW pg. F=I~r'F-SSIO HAL ~.~.~OC IATION 15. Section 163.3215 states that an aggrieved party may maintain an action for iniunctive or other relief against any local government to prevent such local government from taking any action on a development order which materially alters the use or density or intensity of use on a particular piece of property that is not consistent with the comprehensive plan adopted by the local government. 16. Section 1.19.2 and Division 2.7 of the LDC permits applicants to submit petitions requesting amendments to the LDC. 17. In the instant case, Lodestar Towers, Inc. ("Petitioner") paid the necessary application fee and submitted Petition No. LDC-2000-01 seeking to amend Section 2.6.35, which governs the regulation of communication towers, to permit, within the 1-75 right-of-way, four communication towers on the north side of 1-75. See Exhibit C. 18. The portion of the Amending Ordinance~ amending Section 2.6.35 is directly and expressly inconsistent with the Estates designation of the Golden Gates Area Master Plan (GGAMP) and the Area of Critical State Concern (ACSC) Special Overlay district components of the Future Land Use Element (FLUE) of the Collier County Growth Management Plan (GMP). 19. The site of the proposed communication tower at the intersection of State Road 29 and 1-75 has an Agricultural/Rural designation. The site of the Section 2.6.35.7, LDC. BERCOW 4[ RADELL PROFES..~ONAL ASSOCIATION AU$ 0 1 2O00 Lo proposed communication towers at mile marker 63.2 and mile marker 52.2 have a Conservation designation. Each of the foregoing land use designations permit communication facilities. 20. The site of the proposed communication tower at mile marker 92.6, however, is located in the GGAMP and is designated as Estates on the Future Land Use Map of the GMP. 21. Only essential services as defined in Division 6.3 of the LDC are permitted in the Estates land use designation. 22. In order for a communication tower to be deemed an essential service, it must be utilized as a safety service facility. 23. In a memorandum from David Weeks, AICP, Principal Planner, Comprehensive Planning Section of Collier County to Don Murray, AICP, Principal Planner, Current Planning Section, dated April 19, 2000, Mr. Weeks stated that the proposed communication tower within the GGAMP could function as a safety service facility, and thus qualify as an essential service, provided that a state agency, such as the Florida Department of Transportation (FDOT), be allowed to provide traffic information from the tower with its Intelligent Transportation System (ITS). 24. However, Mr. Weeks further noted that the Petitioner had not provided assurance or documentation to the County that the proposed tower sites would be utilized by FDOT for the ITS program thereby qualifying the BERCOW 5.~ RADI='LL PROFF'SSIONAL ASSOCIATION AGEND~ ITEM NO. ~(~ AUG 0 1 2000 tower sites as an essential service comparable to a safety service facility. See Exhibit D p. 2. 25. In a subsequent memorandum from Donald J. Murray, AICP Principal Planner, dated May 3, 2000, Mr. Murray states that FDOT has confirmed that it has reserved the top areas of all of the proposed communication towers. Mr. Murray's memorandum does not reference to or attach any documentation offered by the Petitioner, Lodestar, or the FDOT to support his claim. See Exhibit E. 26. Upon information and belief, the County did not receive written documentation or confirmation from FDOT prior to its adoption of the Amending Ordinance that FDOT has undertaken or entered into any written commitments, contracts or other written form of obligation with Lodestar to collocate on any of the four tower sites which are the subject of the Amending Ordinance. The lack of documentation from FDOT regarding collocation is particularly relevant for the proposed tower within the GGAMP where, without any commitment from FDOT, as evidenced in a written agreement or lease, the proposed tower is merely a commercial use and thus inconsistent with the County's GMP. 27. The pertinent excerpts of the Transcript of the June 14, 2000 public hearing before the County Commission do not reference any documentary evidence or testimony by FDOT or any other governmental agency that provides BERCOW (~ RADELL PR~)F~101~. A..fi~CIATI ON AGEND AUG 0 1 20O0 Pc. essential services, Lodestar or the County,. that confirms FDOT's commitment to utilize any of the four tower sites. Most important, there is absolutely no documented evidence or testimony relating to potential FDOT use of the tower site located at mile marker 92.6 in the Estates land use district of the GGAMP. See Exhibit F. 28. In fact, the only letter evidencing interest in collocation on the four tower sites submitted by Lodestar is dated May 2, 2000 and lists only potential commercial users such as Nextel, Omnipoint Communications, PrimeCo, Sprint PCS and AT&T. See Exhibit G. 29. Further, the express language of the Amending Ordinance does not require that any of the four tower sites, and more specifically, the tower site located in the Estates district of the GGAMP, be utilized by FDOT, U.S. Fish and Wildlife Service (FWS), the National Park Service (NI~), the Department of Forestry (DOF) or any other Collier County agency that provides essential services comparable to a safety service facility. See Exhibit B. 30. Rather, the Amending Ordinance provides in pertinent part: Each tower shall be constructed to provide for a minimum of four (4) to eight (8) co-users, including the Florida Department of Transportation (FDOT), the U.S. Fish and Wildlife Service (FWS), the National Park Service (NPS), the Depa~-La~ent of Forestry 0DOF), and Collier County agencies, where practical. BERCOW 7~, RADE:LL PROF'ESSIONAL A.SSOC~ATION AGENDA ITEM AUG 01 2000 Id. (emphasis added). 31. Lodestar and the County failed to provide documentation or testimony in the record of FDOT's commitment to utilize the four tower sites as part of its ITS system, thus failing to demonstrate that the towers will be used for an essential service as required by the Estates land use designation of the GGAMP. See Exhibit I. 32. Furthermore, the Amending Ordinance language itself fails to require collocation of a provider of essential services on the tower located in the Estates district and thus, is inconsistent with the GMP. See Exhibit B (i.e., "where practical" does not constitute a requirement). 33. The amendment to Section 2.6.35 is also inconsistent with the GMP where the GGAMP requires an applicant proposing an essential service in the Estates land use designation of the GGAMP to obtain a conditional use approval. Se.e Exhibit D pp. 1-2 and Exhibit H pp. 7, 25, 30. While the regulations within an overlay zoning district may supersede conflicting zoning regulations in an underlying district, including the necessity of obtaining a conditional use approval, it does not have the same effect on the procedural requirements found within the County's GMP for locating an essential service on a property that has an Estate land use designation. BERCOW ~ RAD£1 t PROFESSIONAL ~TION AGENDA ITEM NO. AUG o 1 2000 34. In addition, the tower sites are subject to the Big Cypress Area of Critical State Concern (ACSC) Overlay district as identified on the Future Land Use Map of the GMP. See Exhibit I. 35. The ACSC overlay expressly contains development criteria and requires that all development orders within the ACSC comply with Chapter 28- 25, Florida Administrative Code. 36. Further, all development orders issued for projects within the Big Cypress ACSC shall be rendered to the State of Florida Department of Community Affairs for review. S~.e Exhibit ]. 37. The development criteria set forth in the Amending Ordinance is inconsistent with the Big Cypress ACSC Overlay development criteria of the 38. The requirements of Subsection 380.055, Florida Statutes which established Big Cypress Area of Critical State Concern, the Florida Administrative Code and the ACSC Overlay district of the GMP cannot be waived or otherwise amended by the LDC. 39. The Amending Ordinance created "overlay zones" in the vicinity of Interstate 75 on four specific sites as expressly articulated in Section 2.6.35.7(1)(a- d), LDC. See Exhibit B and Exhibit K. 40. The express language of the Amending Ordinance controls development and land use within these designated "overlay zones." BERCOW ~ RADELL PROF'F_S~ONAL A..~.~OCIATION AGID¢OA ~ AUG 0 1 2O00 41. Section 166.041(3)(c), Florida Statutes (1999), provides that ordinances which substantially change permitted use categories in zoning districts shall be enacted as follows: In cases in which the proposed rezoning or change in permitted use involves less than 5 percent of the total land area of the municipality, the governing body shall direct the clerk of the governing body to notify by mail each real property owner whose land the municipality will rezone or whose land will be affected by the change in permitted use by enactment of the ordinance and whose address is known by reference to the latest ad valorem tax records. The notice shall state the substance of the proposed ordinance as it affects the property owner and shall set a time and place for one or more public hearings on such ordinance. Such notice shall be given at least 30 days pr~or to the date set for public hearing, and a copy of the notice shall be kept available for public inspection... ". (emphasis added). 42. The "overlay zones" consist of four tower sites as noted on the Site Plans submitted by Lodestar2 in support of its application to amend the LDC. The cumulative square footage of the four sites is 14,600 or .335 acres. See Exhibit K. 43. The total land area of the change in permitted use unquestionably involves less than 5 percent of the total land area of Collier County. Further, it is 2 Site 11006 is 30' x 80' or 2400 square feet; Site 11007 is 40' x 65' or 2600 square feet; Site 11009 is 80' x 80' or 6400 square feet; and Site 11010 is 40' x 80' or 3200 square feet, pursuant to the dimensions shown on the site plans submitted by Lodestar. B£RCOWI~ RADELL AGENDA ITEM NO. AUG o 1 2000 Pg. abundantly clear that the AACT overlay zoning district changes the uses permitted within the underlying zoning district. 44. Accordingly, enactment of the Amending Ordinance was subject to the notice and hearing requirements of Section 166.041(3)(c). 45. The County failed to notify the affected property owners in accordance with the notice requirements of Section 166.041 (3)(c). 46. The County's failure to abide by the notice and hearing requirements of Section 166.041(3)(c), renders Ordinance 2000-43 null and void. COUNT I CLAIM FOR INJUNCTIVE RELIEF 47. Plaintiff re-alleges and incorporates paragraphs 1 through 46 above as if fully set forth herein. 48. Plaintiff does not have sufficient remedy at law, and therefore, injunctive relief must be granted requiring the City to rescind its Ordinance No. 2000-43 and prohibit the issuance of any development permits for the tower sites which are the subject of the Amending Ordinance. 49. Plaintiff is requesting injunctive relief in the form of an Order by this Court enjoining the County from implementing the Amending Ordinance to permit the construction of the tower sites. 50. It is not in the public interest for the County to enact ordinances that are inconsistent with its GMP, Florida Statutes and the requirements of the Florida Administrative Code. BI='Rcowl ~ RAD£LL PI~O~.S..~IOI,~AL A..~SOClATION NO. AUG 01 2000 P~. \~ WHERF~ORE, the Plaintiff respectfully request that this Court enter a permanent injunction against the County enjoining the actions described above and further requests that this Court grant such other relief as it deems just, equitable and proper. COUNT II DECLARATORY RELIEF 51. Plaintiff re-alleges and incorporate paragraphs 1 through 46 above as if fully set forth herein. 52. Plaintiff have an actual, present and urgent need to have its rights declared regarding the inconsistency of the Amending Ordinance with the GMP. 53. Plaintiff has doubts and uncertainty as to the existence of its rights as a result of the County Commissioner's adoption of the Amending Ordinance. 54. Further, declaratory relief is .required under the current facts whereby the County enacted an ordinance in contravention of Florida law, thus rendering it null and void. BE. RCOWI~ RAIDELL F~OF'E~-~_~.ONAL A,~.qOCIA"rl ON L AGENDA ITEM .o. AU5 0 1 2000 WHEREFORE, Plaintiff respectfully request that this Court declare that Ordinance No. 2000-43 is null and void because (a) it is inconsistent with the County's GMP and therefore violates the consistency requirement of Chapter 163, Florida Statutes; and (b) further, because the County failed to enact Ordinance 2000-43 in accordance with the notice and hearing requirements of Section 166.041(3)(c), Florida Statutes. Accordingly, as a matter of law, Ordinance No. 2000-43 should be declared null and void. Dated: July 14, 2000 Respectfully submitted, BERCOW & PADELL, P.A. Attorneys for Plaintiff, American Tower Corp. 200 $. Biscayne Blvd., Ste. 850 Miami. Florida 3313~, Florida Bar No. 0082030 Florida Bar No. 0056707 BERCOWI~x RADE~ PROFESSlO NN. A..~.~)ClATION AGENDA~rF. JVl - AUG o 1 2000 P&_ \% _ VItRIl~CATION PAGE I have read the foregoing Ver~ed Complaint and the facts contained therein are true and correct to the best o~ my knowledge and belie/. American Tower, I.,P., a Delaware limited partnership BY: ATC GP~ Inc., a Delawar~gm;l~//ration -~l'drida Area Manager STATE OF FLORIDA SARASOTA COUNTY Subscribed and sworn to before me this ~.__~dayRf July 2000, by ~ (Y~ 6; {[~. on behalf of _A~uwa,-T~Lk'. He personally appeared before me, is'pe~onally _known to me or produced as identification, and did take an oath. [NOTARY SEAL] !l='~:' G i~ MY COMMISSION # CO ~4a Ii i1'~ ~PIRES:~,2~ II Print Name: ~/<: Notary Public, State of Florida My commission expires: 14 AGENDA ITEM NO. AUG Ol 2000 Pg.,, CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Plaintiff's Verified Complaint for Declaratory and Injunctive Relief was hand delivered this 14m day of July, 2000, to: Chairman, Timothy J. Constanine, 3301 E. Tamiami Trail, Naples Florida, 34112-4961, County Attorney, David C. Weigel, 3301 Tamiami Trial East, Naples Florida, 34112-4902, and Clerk of the Board, Collier County, Government Complex Court, 3301 East Tamiami, Trail, Naples FL 34112; and that a true and correct copy of the foregoing was mailed to Joel Gustafson, Esq., Holland & Knight, Attorneys for Lodestar, 218 U.S. Highway One, Suite 300, Tequesta, Florida 33469. Attorney for Plaintiff Florida Bar No. 0082030 BERCOW1 ~X RADELL PROF'E,%.~IONAL A A AUG O1 2OO0 ,, V1 EXECUTIVE SUMMARY APPOINTMENT OF MEMBERS TO THE HEALTH PLANNING COUNCIL OF SOUTHWEST FLORIDA, INC. OBJECTIVE: To appoint 2 members; 1 representing the Consumer and 1 representing a Provider to serve a two year terms, expiring on September 30, 2002, on the Health Planning Council of Southwest Florida, Inc. CONSIDERATIONS: The Health Planning Council of Southwest Florida, Inc. is a private not-for- profit corporation created under Chapter 408.033, Florida Statutes. This agency deals primarily with health policy and the regulation of health care services throughout seven counties of Southwest Florida. A consumer member is an individual who is not a health care provider or a health care purchaser. A Provider member is someone who delivers health services or who is a member of an organization that delivers health services. The Board of Directors meets four times per year, usually on the third Thursday of the month, for about two hours. Some Board members assume committee responsibilities as their schedules allow. A letter was received from Mary W. Schulthess, Executive Director of the Health Planning Council of Southwest Florida, Inc. advising that the term for Michael D. Jernigan would expire on October 1, 1998, and requested that a press release be prepared soliciting citizens interested in serving on this --.council. On January 20, 2000 William Sharer, consumer representative, resigned his position on this council. Per Chapter 10-5.002, Florida Administrative Code, a press release was issued and applications were received from the following interested citizens: ' APPLICANT CATEGORY Susan Casey Michael Douglas Jemigan, m-appointment Provider The membership committee is recommending the re-appointment of Michael Douglas Jemigan and the appointment of Susan Casey to serve 2 year term.q, expiring on September 30, 2002. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: appointment and appoint 2 members to serve 2 year terms on the Health Planning Council of That the Board of County Commissioners consider the recommendation for Southwest Florida, Inc., and direct the County Attorney to prepare a resoluti ~ppointments. Prepared By: Sue Filson, Administrative Assistant Board of County Commissioners RECE!VE~ of ~o[m'~~,' ,,]ommi s s ~. oners HEALTH PLANNING COUNCIL OF SOUTHWEST FLORIDA, INC. May 31, 2000 Ms. Sue Filson, Administrative Assistant Collier County Human Resources Offices 3301 E. Tamiami Trail Naples, Florida 34112 Dear Ms. Filson, The current term of appointment for William Sharer, consumer representative on the Board of Directors of the Health Planning Council of Southwest Florida, Inc., expires on August 30, .2000. However, he has resigned effective 1/20/2000. Since all appointments are statutorily governed by the Board of County Commissioners (408.033, F.S.), we would appreciate their appointing Susan Casey to a full two-year term, effective August or September 2000. Susan Casey has agreed to this appointment. Enclosed is Ms. Casey's resume for your review. I understand that you will need to put a public notice in the Naples Daily News for this appointment and you will advise us if you receive any other interested parties. I also understand that this process will take a couple of months. Hopefully, this can be done in a timely manner since we do need fill this consumer representative position in Collier County. IfI or any member of the staff can assist you further with this request, please contact our office at the address or telephone number listed below. Thank you for your rcsponsiveness ro our need. Executive Director Susan Casey, Collier County Consumer Representative AGENDA ? AU5 0 ~ 2000 I~,. _~. 9250 COLLEGE PARKWAY (941) 433-6700 SUITE 3 SLTNCOM 731-6700 FORT MYERS, FL 33919 FAX (941) 433-6703 SUSAN W. CASEY 4259 Mourning Dove Drive Naples, Florida 34119 (941)-597-~9:~ EDUCA~ON INTER.NATIONAL COLLEGE Naples, Florida ! 994 .14a~;er of Business ,t dmmistration (Summa Curs Laude) UNIV -E1LSITY OF IOWA Iowa City, Iowa 1972 Bache/or of Science, Nursing PROFESSIONAL EXPERIENCE INTERNATIONAL COLLEGE Na~l¢$, FLorida 1997 - present Graduate Program Administrator 10/99 Responsible for r,cruitment of graduate srudenm and admini,mmon of graduate program. Assistant Professor in School of Business teaching two business courses per semester. Accomplishments include: Doubled student enrollmere in MBA Program for t~'o consecutive semesters Adjunct Faculty Member 1997 - 10/99 Taught undergraduate classes in the School of Busln¢ss NCH HEALTHCARE SYSTEM Naples, Florida 1984- 1999 Community blealth Care - Special Projeca Coordinator 1996 - 1999 P~spons~le for creation and administration of School Health Nurse Program, development of business plans for numerous companies, and assistance with various Certificate o f'Need applications. Accomplishments include: Establishment and oversight of School Health Nune Program in 28 elementary, middle and high Schools in Collier County Created public-private partnership between The District School Board of Collier County, Collier County PubLic Health Department and the-NCH Healthcare System Community Homa S~rvic~ 1984 - 1996 Executive Director CHS was the first accredited home health ag~-ncy kt Southwest Florida. In 1992 and 1995 ~he agency was awarded JCAHO accreditation with Commendat/on, the highest honor in the industry. C!-iS was the only agent, in Southwest Florida to achieve Commendation. ~m 1996 visit voltrine was 60,000. Responsibilities encompassed all aspect~ of fiscal management, patient care and total quality management. Accomplishments include: Guided agency through JCAHO $ur-,'ey, 1989, 1992, arid t995 Headed planning, development and ~art-up of Medicare certified, state licensed not-for-profit, Free standing home health agency Initiated rv Ther-~y, Psychiatric Nursin~ full-range Maternal Child Health and Nutritional Assessment programs as well as Cardiac Rehab 14ome Cam program Directed agency throu~ State of Florida licensure and c~rtification surveys for 12 years without Recommendations Worizd with the Federal Healthcare Financing Administtation(HCFA) in the transition of the Company to a hospital-based agency(1990) Successfully increased smrnng to 130 employees, with an 87% retention rate, at the business increased 4~/~ in 1993, 46% in 1994 and 58% in 1995 Provided preceptorship for Univcmlty of South Florida BSN students Provided educational experience for Edison Community College ADN student ~ame: Health Planning Council of Southwest Florida 9250 College Parkway Suite 3 Fort Myer, Florida 3391.9 (941) 433-6700 FA.X (941) 433-6703 e-mail: hpcswf~juno.¢om £er~ag Charlotte, Colder, De2oto, Glades, He~d(y, l_ze and J'ara:ota Counties Board of Directors Application Business Telephone Numbe :C~ ,,~ , -~ q-- q -70 0 Busis¢ss Fax Number: Residence Telephone Number: q '~ [-~ ~& R,sidence F~ N~ber: Prefexed M~ling Address ~!e~ circle one)B~ Reside~ CounWofResidence: ~~ ~. Male ~ Black Female ,>< Caucasian Latin Employer: Nature of Business/Pro£ession: . ~ · . . ~ . - . I (candidate's name)__ ~ tO. ~ _~ ,a citizen of'the United States, a duly qualified elector of ~C) [ I t P__a'-County, would, if appointed, be w~iing and able to discharge the responsibilities and functions of a (indicate Provider, Purchaser o~._onsum_~ as defined on the reverse side) member of the Board of Directors of the Health Planning Council o~ Date Signature ~ t~ ~a 0 1 ?..300 Please attach a current resume and return to the Health Planning Council of Southwest Florida. SUSAN W. CASEY oaee 3 of 3 PROFESSIONAL EXPERIENCE (continued) UNIVERSITY OF IOWA GENERAL HOSPITAL Iowa City., Iowa Staff Nurse Received varied sargical and medical pediatric experience at regional teaching center. PROFESSIONAL MEMBERSHIPS 1973- 1974 School Health planning Committee - C'hairpe~on School Health Advisory. Committee Associated Home Health Industries of Florida (ABIqIF) Third Party Liaison Committee (AHHIF) Nadonal Association for Home Care Healthcare ^flvisory Committee, lames Lorenzo Walker Vocational T~chnical Institute Secretary, Committee on Education for Commun[ .ty Lleaith Agencies Continuing Education Committee, Florida Association for Home Health Agencies ElMred Pinelias Nursing Leaders $eeretar~'. Florida Association of I-Iome Health Agencies Continuing Education Steering Commivtee Edison Community College Chairman, Home Health Coalition Committee COMM UNITY ACTIVITIES Board of Trustees, The Learning Center School Advisory Committee - Vineyards Elementary School School Advi/ory' Committee - Oakridge Middle School 4-H Horse Advisory Committee Chairman, Business Advisory Board, International College Member, Academic Committee, I~ternational College Board of Trustees, Junior Achievement HONORS Cora Carson Scholarship Award First Distinguished Service Award from ~ Manasement Group of Naples Commtmi~ Hospital REFERENCES Furnished upon rv, lUeSr A t DA rrr es._ {c 05.'12 80 FRi u~ l.d F.{.'(. 91',TT44593 [.N.C. NAPLES SUSAN W.CASEY pane 2 of.3 PROFESSIONAL EXPE]qYENCE (continued) The Nurses RegistO' 1992 - 1996 Erecutlve Director Agency provided supplemental s~affing for the NCH Healthcare System wi~h 260 employees. Accomplishments include: Developed and successfully implemente. d a transcription division employing five Full-time transcriptionisis Developed and succ~$fully implemen~d a case management prolp'am to allow clients remain independent in their ow~ homes Accomplished i~tegration of agency and hospital staffing functions during reorganizations. Reducing FTEs by 3.5 while increasing level of se~ice VISITING NURSE ASSOCIATION, HILLSBOROUGH COUNTY Tampa, Florida Director o/Health Services Agency provides a variety of services to the communiW., including care for the elderly and indigent. Responsibilities encompassed all programs ~d ~n~l:floyees includhlg Medicare and Medicaid Accomplishmen~ included: Lrt~t~ted B/Therapy program Successfully guided agency through Medicare cenificalion survey Achieved volume of 80,000 visi~ 1983 INDEPENDENT HOME HEALTH SERVICES, INC. Clearwater, Florida Director of N~sing Respons~Hities included supe~i~ion of all employees Accomplishments included: Guided agency through Medicare state survey four times with no deficiencies Planned and presented continuing education prograsm Initiated Quality Assurance Program Increased both the number of visits and _the number of employees by 5(1% 1979 -1983 ABLE CARE Naples. Florida Patient Care Coordinawr R¢sponsibililies included: Assisting supervisor wi~h scheduling and supervision of staff Pc, rforming sugervisor's duties in h~r absence Providing patient care Handling referrals and 8dm~sion plnm~ng for all pnfients Community education co physicians and general public abo~t ~ency's services i977 - 1979 COLLIER COUNTY PL~BLIC tiEALTH DEPAKTMENT Naples, Florida 1976 - 1977 Staff Responsibilities included: Counw. immunization program for children Clinics: family planning, obstelrics, well baby, soxually lransmitted diseases, tuberculosis Plaunin8 and implementing Swine Flu immunization prograin Served as school nurse Made hom~ viSitS COLORADO BLUE SHIELD Denver, Colorado 1973 - 1976 Lead Pricer Served as both Assistant supervisor r~sponsible for training new pricers in th~ Revie[ L'. ' ..... ~'-- J ,U3 0 2000 pj. HPCSBF TEL:9d14336703 Na~ 31,00 10:5~ No.002 P.02 BOARD OF DIRECTOR,{; HEAUIlt PLANNING COUNCIL or SOUTHWEST FLORIDA INC. August 1999 Robert IL Allen P. O. Box 1269 Ar~_dla, Florida $4265 Office: (941 ) 993-1727 r~x: (94I) 494-553~ l~-Mail: Home: (94I) 494-4011 l'~oto County (consumer rcpra~cntat/vc) VACANT AS OF 8-99 H~dry County (c~nsumcr mpm~.wfan'vv) Valerie A. Jackran .Fast Pointe Hospital Gulf Coast Hospital 1500 Lee Boulmmrd Lehigh Acres, Florida $3956 Office: (94I) 368- 4502/768-8401 Fax: (941) 368-4510 E-Mail: I iome: (941 ) $68- 7050 Lee. County (p. tovJder.rel2re. s~tativ¢) I0u4n G. Cole $$I 2 S. Seclusion Dr/ve Sarasota, Florida $4239 Home: (94 I) 925-9226 Voice Mail - 800-226-1493 Ext. 28 Fax: (941) 927-2519 Z-Mail: ,q~tsota 6~tmty (wnsumcr rcp~c. wntatJvc) Michael D. Jernigan (Vice-Chairman) 1725 Mahan Dr/re, Suite #201 Tallahassee, Florida 32308 Office: ($$0) 877-4332 Fax: (850) 877-3225/671-2752 E-Mail: mdj ernigan~rtmitscu Ipm re.corn Home: (850) 586-1522 Collie. r County (tm"ovidet rW~n~.nlali~) Barbara C. Cotbert 4655 Pine Green Trail &tra~ota, IX. 34241 '1: (941) 350-7982 .: f94I) 93I-2~6 r--Math Home: (941) 342-6077 .qtma~ota Courtly (purchaser raprasentatiw) Frank B. Mann, Jr. (Treasurer) 2027 McGregor Boulevard Fort Myers, FL 3390 I Office: (94I) 357-0464 Pay (941) .~.q7~7744 E-Mail: frankmamlj(~wl.com Home: (94I) 278-,~877 Le~ County (consumar repm.~n~tiv¢) Joan M. Gaff 1717 Keyway ROad gngl~wood, Florida 54223 Office: (941) 951-5138 Voice Ma/l: (94 ~ ) 9,~ 1-4288 Fax: (94 I) 564~4795 g-Mail: Hon~e: (941) ,gar~,ola Cot~ty (ptffchasar l~pn~sonta~w) Lalai $. HamrJ¢ (Secretary) Family Health Centers of Southwest Florida. E O. BoxI$57 Fort Myers, FL 35902 Ot~__~e: (94I) 278-3/~00 Earn (941) 278-520~ I:-M~: Hom~ (941) ~$2-7229 1~ County (pn'~w~tdr mpmsant~Kw) Paul Nelson (Chairman)-RESIGNED 4-1-2000 10184 Arrowhead Drive Punta Gorda, Florida 539~5 Home: (94I) 6~9-7164 Fax: (941) 505-5707 E-Mail: pe. mnart~mt -n-but.net ChtuIott~ County (consumer mpnx~nt~tivO William Sharer-RESIGNED 1-20-00 9655 Gulf Shore Dr., Unit t/g402 Naples, tlmdda 34108 Home: (941) 594-9747 Fax: (941) 594-9747 (CMltYrst) E-Mail: Collier C~tut ly (mnsumor rcpmmnt~v~) Martha 1~. Valiant, M.D. ~ -.ndry/Glac~s County Hc. alth Del~rtme.~nt~ O. Box 70 ~elle, Florida 5597~ mdry Office: (94I) 674-404I ?-: 744-4041 x: (941) 674-4605 or SC 744-4076 Mail: .. me: (941) 675-4652 (unlisted) ~Iadar Counly (p?vviddr lvpl, v~nlatYve) HPCS~F TEL:9414;36703 Ma~ $1,00 20'54 No.002 P.O] HEALTH PLANNING COUNCIL OF SOUTHWEST FLORIDA, INC. 9250 COLLEGE PARKWAY, SUITE #3 FORT MYERS, FL 33919 941-433-6700 FAX: 941-433-6703 Cindihooper ~.hpcsw f. com Fax Cover Sheet RON BURRIS, EXECUTIVE DIRECTOR C1NDI HOOPER, STAFF ASSISTANT Date: 5/31/2000 Please deliver the following page(a) to: Name: SUE F1LSON Firm: SUBJECT: Fax Number: 941-774-3602 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS VANCANCY ON BOARD OF DIRECTORS FOR COLLIER ~mcluding c~,v, er SUE, PER OUR CONVERSATION, ATTACHED lS BOARD LIST FOR AUGUST 1999 AND JANUARY 2000, SHOWING WHO WAS ON BOARD. WE, WILL GET A LETTER OUT TO YOU ASAP. WE WILL SEND A RESUME FOR SUSAN CASEY FROM COLLIER COUNTY WE WISH TO PUT ON OUR 110~t}i~. I1? v(~II lilY'l?. ANV OII]~,~qTIONR PI,F~181~, GIVE ME A .CALL. TItANK ,YOU CINDL PLE. d$£ C/ILL IF YOU.D.I.D NOT RBC, EIVE ,4LL PAGIJS - (941) 433.6700. AU3 1 HPCSWF TEL:9414556705 ~u] 19,00 11:48 No.002 P.02 HEALTil PLANNING COUNCIL OF SOUTHWEST FLORIDA, INC. July 19, 2000 Sent by facsimile:774-3602 Ms. Sue Filson, Administrative Assistant Collier County Human Resources Offices 3301 E. Tamiami Trail Naples, Florida 34112 Dear Ms. Fibon, The current term of appointment for Michael Jemigan, provider representative on the Board of Directors of the Health Planning Council of Southwest Florida, Inc., expires on October 1, 2000. Since all appointments are statutofily governed by the Board of County Cununi~Mu,s,s ~ (400.0D3, F.13.), ~ ~ vvr, uld apprc~iat~ their r~-appointln~; ~,{r..TotalSass to another full two-year term. Mr. Jemigan has agreed to this appointment. Mr. Jemigan has been involved with the Headth Planning Council since 1986, on our Plan Development Committee and later on our Board of Directors, His dedication and insight has been an asset to our agency as well as the citizens of Collier County and District 8. Michael has been the Chair of our board the past couple of years. We trust and respect Mr. Jemigan and hope you will re-appoint him. IfI or any member of the ~taffcan assist you fi~rtho, r with thi.~ reque.~t, please contael our office at the address or telephone number listed below. Thank you for your responsiveness to our need. Executive Director Michael Jernigan, Collier County Providex Representative 9250 College Parkway Suite 3 Port Myers, (941) 433-6700 SUNCOM 73!-6700 FAX ~941) PL 33919 433-6703 ~PC$~F TEL.9414556FO5 I'1~ 51,CrO~'l.O-~ Nu.O'O~' ?.01 BOARD OF DIRECTORS HEALTH PLAN~G COUNCIL OF SOUTHWEST FLORIDA INC. January 2000 Arcadia, Hotida $4265 (.)ttt[m,. {941 ) 9,'47,-1 727 Fax: (941) 494-5553 DeSto Courtly (consumer mpm~entntive) Kaz~ G. ~le 3312 S. S~lu~on Drive Home: (941) 929-9226 Ba~a~ C. ~ 2662 Di~ Wi{~n ~w ~, ~ ~4240 ~11: (94{) ~90-7982 F~: (94I) 951-23~6 ~-M~: b~rbeli(~}aol.com H~e: (941) 542-6077 J~ M. B~wn 1717 ~ay ~glew~ H~ 34223 O~ce: (94I) 951-5138 Voi~ ~1: (941) 9~1-4288 F~: (94I) 364-479~ E-~il: imbrown~co.~ras~,~,as Home: (941) ~ County (pum&~r mp~ent~tY~) Lalai S. Hamric (Secretary) Familv Health ~nters of Southwe~ Iladrla P.O. Box'i-367 Office: (941) 278-13600 Fax: (941) 278-3203 E-Mail: lhamfi_'c('~HC~.ctwork.or ? Home: (941) $32-7229 Le~ Coun(v (ptlav/de._~ z~pr~u~nL~t/ve) Gulf Coast Hospital Lehigh Aci~s, Florida $$956 {Jffioo: (iP11) ~C8 (Oli) 13CO 1~10 E-Mail: ~leri¢.ja~C~coimnbia~t lio~ (gdl) ~a~ Michael D, Jernigan (Chair) 1729 Mahan Drive, Suite #201 Tallahassee, Hotida 32308 Office: (850) 877-4332 Fax: (890) 877-$225/67 ! -2752 ~ ~A'm,~l, ,,M~__2#m..__('..~__~_,:a .... i1.~ ........ I'rm~ B. ~nn,Jr. ~~r) 2027 ~G~gor ~eva~ Fo~ Myers, ~ 9590 I Office: (~41) ~37-0464 Fax: (94 l) 337-7744 Home: (94]) 278-9877 Charlotte Cotoily (OOtlStllltOr repxvsemtativa) Vacant- 1-20-00 Collier Coun(y (oon.~u]nc~- ~Cl-ac~anlati~) Mar~ha g. Valiant, M.D. Hendry/Glades County Health Departrotators ?. O. Box 70 I~tBelle, Florida 33975 liendry Office: (941) ~74-4041 $C: 744-4041 Fax: (941) 674-4605 or SC 744~4076 Home: (94 I) 675-4632 (unlisted) EXECUTIVE SUMMARY APPOINTMENT OF COMMISSIONERS TO SERVE ON THE VALUE ADJUSTMENT BOARD AND SET TENTATIVE DATES FOR THE HEARINGS OBJECTIVE: To appoint 3 members (County Commissioners) and 2 alternates to serve on the Value Adjustment Board. (This board was formerly known as the Property Appraisal Adjustment Board; the name was changed by Chapter 91-112 of the FL Stat.) CONSIDERATIONS: Each year 3 County Commissioners and 2 School Board members are chosen to serve on this Board to hear appeals on property appraisals. The Property Appraiser's Office is targeting August 16, 2000, as the mailing date for the assessment notices. The actual mailing date will determine the time period in which the hearings must be held. Based on the information we have, it is suggested that tentative dates for the hearings be established as Monday, October 2, Tuesday, October 3, and Wednesday, October 4. The hearings will begin at 9:00 a.m. By law, these hearings must be scheduled prior to October 15, 2000. The deadline to file appeals is Tuesday, September 5, 2000. FISCAL IMPACT: NONE ........ qROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners appoint 3 members and 2 alternates to serve on the Value Adjustment Board, authorize the Administrative Assistant to contact the School Board to request the names of their representatives, and tentatively set Monday, October 2, Tuesday, October 3, and Wednesday, October 4, as the hearing dates for the Value Adjustment Board. Prepared By: Sue Filson, Administrative Assistant Board of County Commissioners Date: August 1, 2000 ~POINTMENT OF MEMBER(S)TO THE R~ FRJNGE ~A ASSESSMENT 0 ~RSIGHT COMMITTEE : OBJECTIVE: To appoint one member to fulfill the remainder of a vacant term, expiring on June 22, 2001, on the Rural Fringe Area Assessment Oversight Committee. CONSIDERATIONS: The Rural Fringe Area Assessment Oversight Committee has 1 vacancy. This 1 O-member committee was created on September 14, 1999 by Resolution No. 99- 364 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 the committee will encompass the rural fringe areas adjacent to the Urban Area. 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. We currently have one vacancy due to the resignation of David Guggenheim on May 31, 2000. A press release was issued and resumes were received from the following interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Stephen A. Bortone N/A Michael R. Bauer N/A 4 Yes No 1 Yes No COMMITTEE RECOMMENDATION: The Committee had not discussed the appointment of candidates to fill this vacancy at the time this executive summary was written. Should the committee vote to make a recommendation, staff will verbally present the recommendation at the Board meeting. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment; appoint one member and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Administrative Assistant Board of County Commissioners Agenda Date: AUGUST 1, 2000 Rural Lands (Berry) Committee Make-up Committee Member Employer Position Profession/Interest Area 1. James H. Howard Bonita Bay Properties Project Mgr. Construction Mgmt. 2. Floyd Crews Self-Employed N/A Citizen-at-Large ~ Scuth'::cet Flcdd3 4. Ron Hamel Gulf Citrus Growers Executive Director Agricultural Industry Org. Assn. Inc. 5. Rodney D. Harvey Realtor, Naples Realty Realtor Naples Area Board of Services, Inc. Realtors 6. Dawn Jantsch, C.A.E. Naples Area Chamber President Business Org. of Commerce 7. Andrew MacKie National Audubon Assistant Manager Environmental Org. Society (Corkscrew Conservation's lands Swamp Sanctuary Manager 8. Ann Olesky Self-Employed Marina Operator Citizen-at-Large 10. David Santee Farm Bureau Manager Government Org. 11. Richard J. Smith Self-Employed/Attorney N/A Citizen-at-Large 12. Nino J. Spagna, Ph.D. Self-employed N/A Community Planning /Consultant 13. Fred Thomas, Jr. Collier County Housing Executive Director Government Housing Authority Agency 14. Sonia Tuten Self-Employed N/A Citizen-at-Large 15. Grady E. Miars First Union National Senior VP Financial/Banking Dr. Guggenheim has recently resigned from the Committee. Seat vacated by Mr. Jim Rideout, Retired IRS Executive. Applicants to Fill Vacancy Candidate Name Address Current Occupation Education - Length of Professional Residency Background Stephen A. Bortone 2286 River Reach Dr. Director_ Env. Science, B.S. Biology Not Conservancy of SW MA Biology available Florida Ph.D. Marine Science Michael R. Bauer 109 Debron Ave. Director, National BS Un. Of New Not Wildlife Everglades Brunswick available Project MS Colorado State U. JD U of Wash. Ph.D. in progress iAGENDA ITEM ~, NO. ~ /-.b3 ,., 2000 _%::_ 1998.' Resolving the attraction/production dilemma in artificial reef research: Some yeas and nays. Fisheries 23(3):6-10. 1998. Indexed annotated bibliography to the biology and life history of tape grass (Vallisneria americana). Flodda Center for Environmental Studies, Tech. Ser. 4:i-ii, 1-77. Florida Atlantic University (Northern Palm Beach Campus). (with M.P. Smith and R. K. Turpin) 1998. Estuarine research capabilities in Florida: State University System affiliated universities and institutions. Florida Center for Environmental Studies, Tech. Ser. 3:i-vii, 1-71. Florida Atlantic University (Northern Palm Beach Campus).( with M.P. Smith) 1997. Development of an epifaunai assemblage on an estuarine artificial reef. Gulf of Mexico Science 15(2):55-70. (with first author T. R. Martin) 1997. Factors associated with artificial-reef fish assemblages. Gulf of Mexico Science 1997(1):17-34. (with R.P. Cody, R.K. Turpin, C.M Bundrick and R.L. Hi!l) 1997. Institutional Strengthening of the Cuare Wildlife Refuge: Evaluation of the Refuge's Ecological System and the Impact of Human Activities. I. Exploratory Visit to the Cuare Wildlife Refuge, Venezuela. August 1997. Final Report. Flodda Center for Environmental Studies. Flodda Atlantic University (Northem Palm Beach Campus). 19 pp. (with L. Berry and A. Palombo) 1997. The importance of Silas Stearns and the red snapper fishery to North American ichthyology. Pages 459-467. In: T.W. Pietsch and W.D. Anderson, Jr. (eds.). Collection Building in Ichthyology and Herpetology. Amedcan Society of Ichthyologists and Herpetologists, Special Publication No. 3. (with R.N. Besser, and C.R. McNeil) 1997. Spotted seatrout as an important sentinel for the condition of Florida's estuaries. Up Close and Environmental- July 1997, 1(1):1-2. (with M.A. Wilzbach) 1997. Status and trends of the commercial and recreational landings of spotted seatrout (Cynoscion nebulosus): South Florida. Florida Center for Environmental Studies, Tech. Ser. 2:1-47. Florida Atlantic University (Northern Palm Beach Campus). (with M.A. Wilzbach) 1997. An indexed bibliography to the biology and life history of the spotted seatrout (Cynoscion nebulosus). Florida Center for Environmental Studies, Tech. Ser. 1:i-ill, 1- 74. Florida Atlantic University (Northern Palm Beach Campus). (with M.A. Wilzbach and C.D. Bedee) 1997. Masculinization of mosquitofish as an indicator of exposure to kraft mill effluent. Bull. Environ. Contam. Toxicol. 58:429-436. (with R.P. Cody, first author) 4 AGENDA ~v~-~ No. AUG 0 1 2000 Resume NAME: Stephen A. Bortone TITLE: Director, Environmental Science ADDRESS: The Conservancy of Southwest Florida 1450 Merdhue Drive Naples, FL 34102 Tel: 941-403-4232, FAX: 941-262-5872 EXPERIENCE AND EXPERTISE Dr. Stephen Bortone is Director of Environmental Science as well as Research Professor at Flodda Atlantic University. He also holds a Courtesy Appointment at Florida Gulf Coast University. Dr. Bortone has conducted research. on coastal ecology and the life history, distribution and reproductive biology of fishes in the southeastern United States and in the Gulf of Mexico .for the past 30 years. He has published over 112 scientific articles on the broadest aspects of coastal ecology and fish life history. Previously, Dr. Bortone served as Director of the Institute for Coastal and Estuadne Research at the University of West Florida and was Project Manager for the Florida Center for Environmental Science's estuarine research effort in the Caloosahatchee Estuary. He has extensive field sampling experience in all biotopes of the southeastern U.S. and is especially familiar with coastal aquatic communities. Dr; Bortone has a working statistical knowledge of: linear regression, multiple linear regression, stepwise regression, cjuster analyses, canonical correspondence analysis (CANOCO), discriminant function analysis, principal components analysis (PCA), detrended correspondence analysis (DCA), two-way indicator species analysis (TWINSPAN), ANOVA, ANCOVA, and most non-parametric statistics including the program package PRIMER. He has served as scientific editor and reviewer for numerous organizations and joumals such as: National Science Foundation, Environmental Protection Agency, U.S. Fish and Wildlife Service, National Marine Fisheries Service, Copeia, Transactions of the Amedcan Fishedes Society, Environmental Biology of Fishes, Northeast Gulf Science, Florida Academy of Science, Ecology, Ecological Monographs, Bulletin of Madne Science, Alabama Research Institute, Flodda Game and Freshwater Fish Commission, National Undersea Research Program. EDUCATION B.S. 1968 - Albright College, Reading, Pennsylvania (Biology) M.S. 1970 - Florida State University, Tallahassee, Florida (Biology) 1 AG EN D~T~ Id/~ No. 1(_~ ~. AUG 0 1 2000 Pg:_~:: //7// , 1994. Fish intersexuality as indicator of environmental stress. BioScience 44(3):165- 172. (with W.P. Davis) 1994. Cleaning behavior among madne fishes and invertebrates in the Canary Islands. Cybium 18(2):117-127.(with J. Van Tassell and A. Brito) 6 No., ! ,, AUG 0 1 2000 Florida Center for Environmental Studies Telephone Pioneers of America Three Rivers Foundation, Inc. Escambia County, Florida Charlotte Harbor Environmental Studies Center Bay County and Florida Department of Environmental Protection U.S. Environmental Protection Agency Washington County, Florida National Marine Fishedes Service THESIS SUPERVISION M.S. Supervised twenty-one Master Thesis students. 23,567 2,500 14,000 1,581,871 8,250 25,000 387,196 26,761 94,000 LIST OF PUBLICATIONS FOR THE PAST FIVE YEARS (out of a total of 112) In press. Fish and macroinvertebrate evaluation methods (Chapter 5)..In W. Seaman (ed.). Methods of Assessing Artificial Reefs. CRC Press, Boca Raton, FL. with S.A., M. Samoilys, and P. Francour 1999. Tropical and Subtropical Seagrass Management Ecology: Responses to Environmental Stress. CRC Press. Boca Raton, Florida. 384 pages 1999. Tapegrass life history metrics associated with environmental variables in a controlled estuary. Pages 65-79. In: S.A. Bortone (editor). Tropical and Subtropical Seagrass Management Ecology: Responses to Environmental Stress. CRC Press. Boca Raton, Flodda. 1999. Morphological masculinization in poeciliid females from a papermill effluent receiving tributary of the St. Johns River, Florida, USA. Bull. Environ. Contam. Toxicol. 63:150-156. with R.P. Cody 1999. Data needs for assessing marine reserves with an emphasis on estimating fish size in situ. II Naturalista Siciliano 23(Suppl.): 13-31. with K.J. Mille 1998. Proceedings of the Ninth Congress of European Ichthyologists (CEI.-9) 'Fish Biodiversity". Italian Journal of Zoology Volume 65 (Supplement). 551 Pp. (co-editor with Blanco, P.G. and P. Tongiorgi) 1998. Introduction. Ital. J. Zool. 65 (Supple.):1-2. (with first author P.G. Bianco) 1998. The impact of artificial reef fish assemblages on their potential forage area. Ital. J. Zool. 65 (Supple.):265-267. (with R.P. Cody, R.K. Turpin and C.M Bundrick) AUG 0 i 2000 3 MICHAEL R. BAUER B.S., M.S., J.D. Ph.D. Candidate 109 Debron Drive Naples, Florida 34112 (941 ) 530-0061 Email: bauer606~aol.com SPECIAL ACHIEVEMENTS Number one ranked teacher in number seven ranked planning department in the nation for Spring, 1999 semester. Performed as District Court Judge Pro Tem for Kittitas County, Washington, on an "as needed" basis. Appointed to North Bend, WA Planning Commission. Appointed to Ellensburg, WA Downtown Task Force. Appointed to the Chesapeake Bay Site Planning Demonstration Project Advisory Team. Represented a sovereign Indian Nation in various meetings with members of Congress and Executive Branch officials, including the Secretary of Energy, the Regional Director of EPA, and the Assistant Regional Director of the U.S. Fish and Wildlife Service, as well as with the State of Washington's Fish and Wildlife Director, Public Lands Commissioner, Attorney General, and Director of the Department of Ecology. EXPERIENCE Present DIRECTOR, EVERGLADES PROJECT OFFICE, NATIONAL WILDLIFE FEDERATION Overall responsibility for leading and promoting the National Wildlife Federation's Everglades program. Responsible for expanding the program · at the local, regional and national levels by advocating policy, science, education and community outreach strategies to effect environmental improvements. Direct and .implement the programmatic, revenue generation and administrative operations of the Everglades office in a key leadership role of one of the Federation's highest priority areas. Supervise all office staff and functions. A G E N D ~,,,IT E3,1~ No. /~ ~- AUG o 1 2000 1996. Feeding guilds amorlg artificial-reef fishes in the northern Gulf of Mexico. Gulf of Mexico Science 14(2):66-80. (with B. Nelson, first Author) 1996. Live-bearing fishes as a potential bioassay for the presence of Kraft mill effluent. Proceedings of the 1996 NCASI Southeastern Regional Meeting (National Council of the Paper Industry for Air and Stream Improvement, Inc., Research Triangle Park, North Carolina), Special Report No.96-06 (October 1996):120-126. (with R. P. Cody) 1996. Short and long term variation in the masculinization response of mosquitofish exposed to paper mill effluent. Proceedings of the 1996 NCASl Southeastern Regional Meeting (National Council of the Paper Industry for Air and Stream Improvement, Inc., Research Triangle Park, North Carolina), Special Report No.96-06 (October 1996):127- 135. (R.P. Cody first author) 1996. The second wodd fisheries congress: fish tales from down under. Reef Report: July/Sept. 1996, Vol.3. Flodda Department of Environmental Protection, Tallahassee. Pages 3-.4. 1996. Structure of and relationships within and between the littoral, rock-substrate fish communities off four islands in the Canarian Archipelago. Madne Biology 125:215-231. (with Falcbn, J.M., A. Bdto, and C.M. Bundrick) 1996. ECOSET'95 - The International Artificial Reef Meeting in Japan. Reef Report: Oct./Dec. 1995, Vol. 4. Florida Department of Environmental Protection, Tallahassee. Pages 2-4. 1995. Identifying factors for artificial reefs. Reef Report: July/Sept. 1995, Vol. 3. Florida Department of Environmental Protection, Tallahassee. Pages 2-3. 1995. Food habits and forage limits of artificial reef fishes in the northern Gulf of Mexico. ECOSET'95 Proceedings (International Conference on Ecological System Enhancement Technology for AquaUc Environments, Tokyo) Volume 1. (with B.D. Nelson) 1994. Evaluations of artificial reefs: configurations, materials, location and methods. Pages 69-77. in W. Horn (ed.). Flodda Artificial Reef Summit '93. Florida Department of Environmental Protection, Tallahassee, Flodda. 1994. Enhancement of the nearshore fish assemblage in the Canary Islands with artificial habitats. Bull. Mar. Sci. 55(2-3):602-608. (with J. Van Tassell, A. Bdto, J. M. Falcon, J. Mena, and C. M. Bundrick) 1994. Factors affecting fish assemblage development on a modular artificial reef in a northern Gulf of Mexico. Bull. Mar. Sci. 55(2-3):319-332. (with T.R. Martin and C.M. Bundrick) 5 AUG 0 1 2000 SUMMER POSITIONS WHILE IN COLLEGE 1982 Wildlife Biologist. University of Washington. Performed biological surveys on Mt. St. Helens. 1977 Graduate Research Assistant. Colorado State University. Worked on reintroduction of bighorn sheep. 1975 Wildlife Biologist. University of New Brunswick. Located and trapped ruffed grouse. 1974 Park Ranger. Olympic National Park. Gave campfire talks and slide shows. Led nature walks. EDUCATION 2OOO 1988 1977 1976 Ph.D. expected. Virginia Tech. Environmental Design and Planning. J.D. University of Washington. M.S. Colorado State University. Wildlife Biology. B.S. University of New Brunswick. Biology. SPECIAL TRAINING 1996 Reviewing NEPA Documents. Franklin Quest Consulting Group. Seattle, Washington. 1994 Federal Facility Environmental Compliance Institute. Government Institutes, Inc. Denver, Colorado. 1994 Advanced Environmental Law Course. Government Institutes, Inc. Orlando, Florida. 1993 Applying the NEPA Process. Shipley Associates. 'Portland, Oregon. 1993 CERCLA Orientation and RI/FS Training. U.S. Department of Energy. Kennewick, Washington. A G E N Dy~,TE. yi AUG o 1 2000 FIONAL WILDLIFE FEDERATION' www.nwf. org TM NATIONAL WILDLIFE FEDERATION' People and Nature: Our Future Is in the Balance RECEIVED JUN 0 8 2000 EVERGLADES PROJECT ~oaed of Count~ Comatssloners June 6, 2000 Sue Filson Board of County Commissioners Collier County Government Center 3301 Tamiami Trail E. Naples, FL 34112 Dear Ms. Filson: I would like to be considered for appointment to the Rural Fringe Oversight Committee and the Rural Lands Oversight Committee. Currently, I am the Director of the National Wildlife Federation's Everglades Project Office. The office was opened in Naples about two years ago to promote restoration of the eastern Everglades and protection of the western Everglades. The National Wildlife Federation is the nation's largest member-supported conservation group, uniting individuals, organizations, businesses and government to protect wildlife, wild places, and the environment. On a personal note, I am finishing up a Ph.D. from Virginia Tech in Environmental Design and Planning, have been an environmental law attorney for an Indian tribe, and before that a wildlife biologist with the U.S. Fish and Wildlife Service. I am enclosing a resume that elaborates on my background. I believe my professional experience and education can be beneficial to Collier County. I would very much like to share what abilities I have with the people of my new home and serve on these two committees. Sincerely, Michael R. Bauer Commissioner James Carter Commissioner Tim Constantine Commissioner Pam Mac'Kie Commissioner Barbara Berry Bob Mulhare 2590 Golden Gate Parkway, Suite 109, Naples, Florida 34105 AUG 0 1 2000 Pg. Tel: (941) 643-4111 Fax: (941) 643-5130 Website: www. nwf.org sent ~y: J*EOLAND~LIEBER LANDSCAPE ARCHI;9412§15378; Jun-23-00 10:52; Page 1 % Company: Fax No.: Phone: P&'gu: Copy t~: [~[~;~ [[=~(~[~[]=~ []~);~ Landscape Architects Landscape Design, Planning and Management LA~171 Jack Ueber, FASLA Ellin Geet~ ASIA John PaYee. ASLA 77~r ~Z. Including cowr eheet. RECE|VED .]UN Z 3 2008 ~i~,Ol~i of Count~/ ¢onats$~oners 399 Twelfth AvenUe South, Naples, Florida 34102 941-261-4007 Fax 941.261~537; E:m~d jdpa~aol. com www.jrtpa.com Fort LauderdaM 954.764-6689 AGE N D _,~,~tT' AUG o 1 2000 1996 to 1999 1992 to 1997 1988 to 1992 1978 to 1982 ADJUNCT FACULTY MEMBER AND PH.D. STUDENT Taught environmental policy and planning courses while earning a Ph.D. in the Environmental Design and Planning Program at Virginia Tech. Performed research and wrote on collaborative stakeholder involvement processes and their role in environmental decisionmaking in conjunction with work on dissertation. ENVIRONMENTAL LAW ATTORNEY AND POLICY ANALYST. Legal responsibilities with respect to management of water, forests, fish, wildlife and other natural resources within a 1.2 million acre Indian Reservation and extending over an area of approximately 11 million acres within which the Yakama Indian Nation has reserved Treaty rights. Provided analysis ofNEPA, CERCLA, RCRA, Clean Water Act and other environmental laws and their impacts on the Nation. Worked with the Bonneville Power Administration to obtain mitigation for damages to fivefine ecosystems resulting from major dams on the Columbia River. Worked with EPA to obtain authority to set water quality standards and issue permits for water-related activities. Drafted a habitat conservation plan for the Reservation pursuant to Section 10 of the Endangered Species Act. Represented the Yakama Nation under CERCLA natural resource trusteeship provisions for hazardous and nuclear waste cleanup at the U.S. Department of Energy's Hanford Nuclear Site. Advisory responsibilities to Tribal Council and Tribal Committees concerning intergovernmental activities, contractual relationships, and statutory responsibilities. Worked to improve relationships between Tribal government and state and federal governments. ATTORNEY AT LAW. ' Engaged in general practice of law. Provided private clients with counseling, litigation services, and research. Special interests in Environmental, Water, Real Estate, and Criminal law. ASSISTANT REFUGE MANAGER, U.S. Fish and Wildlife Service. Responsible for management, planning and evaluation of natural resources on a federal barrier island/estuary coastal complex. Primary biological duties involved wildlife surveys, habitat restoration, and protection of sensitive areas. Carried out public participation programs and environmental education. Gave talks to environmental groups, lectured college classes, and led nature walks. ^GENr>A,~IE~ No. ~ AUG 0 1 2000 ~nt ~: Jt~OLAND~LIEBER LANDSCAPE ARCHI;9412§15378; Jun-23-00 10:53; Page 3/3 JOHN P. RIBES, Landscape Architect. Associate; In charge of Project Design and Management EDUCATION: 1958-62 Louisiana State University. College of Design. Balon Rouge, Louisiana. Bachelor of Landscape Architecture, August 1962. REGISTRATION: LANDSCAPE ARCHITECT. State of Florida. State of Louisiana. AFFILIATIONS: American Society of Landscape Architects, Member. American Institute of Architects, Affiliate Member. ACADEMIC EXPERIENCE; 1976-81 Louisiana State University. School of Landscape Architecture. Baton Rouge, Louisiana. Assistant Professor of Landscape Architecture. COMMUNITY I PROFESSIONAL INVOLVEMENT= National Endowment for the Arts, Southeast Regional Program Panelist. National Endowment for the Humanities, Grant Selection Committee. Historic Preservation & Restoration, Advisory Committee. ASLA, Louisiana Chapter, Past President, State of Florida Professional Awards Program, Design Jury Member. Uniform Nation Exam, CLARB Regional Review Instructor. Public Art in Public Places, Task Force Advisor. Guest Lecturer. AUG 0 1 2000 PUBLICATIONS Bauer, M.R. and Randolph, J.R. 1998. Improving environmental decisionmaking through collaborative methods. In print, Policy Studies Review. Bauer, M. 1997. Sustainability: An Environmental Panacea? Ecos 5(1):19-20. Bauer, M. 1995. The Yakama Nation's Involvement at the Hanford Nuclear Site. 30 Gonzaga L. Rev. 647. Bauer, M. 1994. Tribal involvement at Department of Energy sites through the authority of CERCLA natural resources trusteeships. Proceedings of the Symposium on Waste Management, Tucson, Arizona Feb. 27-Mar. 3, 1994. Manuwal, D., Huff, M., Bauer, M., Chappell, C., and Hegstad, K. 1987. Summer birds 'of the upper subalpine zone of Mount Adams, Mount Rainier, and Mount St. Helens, Washington. Northwest Science 61 (2): 82-92. Bauer, M. 1982. Rail hunting in a Massachusetts saltmarsh. Massachusetts Wildlife 33(3): 11-13. PERSONAL Married with four children. Enjoy snorkelhag, hiking and bicycling. REFERENCES John Randolph, Professor, Urban Affairs and Planning, Virginia Tech, Blacksburg, VA '24060 (540) 231-6971 Eric Hanson, Associate Manager, Wildlife Resources, Yakarea Nation' P.O. Box 151, Toppenish, WA 98948 (509) 865-5121 David O'Neill, Center for Chesapeake Communities, 209 West Street, Suite 201, .Annapolis MD 21401 (410) 267-8595 Kevin Clarke, Richland Field Office, U.S. Department of Energy, P.O. Box 550, Richland, WA 99352 (509) 376-6332 Thomas Haven, Kittitas County District Court Judge, Kittitas County Courthouse 5th and Main Street, Ellensburg, WA 98926 (509) 962-7511 AUG 0 1 2000 HAND DELIVERED THE CONSERVANCY Of Southwest Florid i450 Merrihue Drive · Naples. ~':orida 34102 941.262.0304 · Fax 941.262.0672 www.conservancy. org 23 June 2000 RECEIVED Mr. Timothy Constantine, Chair Collier County Board of County Commissioners 3301 E. Tamiami Trail Naples, Florida 34112 Dear Mr. Constantine I would like to apply for appoinlxnent to the Rural Lands and Rural Fringe Committees. I have established residency in Collier County, reside at 2286 River Reach Drive in Naples and have registered to vote in Collier County having recently moved here from Lee County. I serve as Director of Environmental Science for The Conservancy of Southwest Florida. I have had a long and distinguished career as an Ecologist and Biologist with special interest in the restoration sciences. I have served and currently serve as a committee member on several Technical Advisory Committees in the area including the Charlotte Harbor National Estuarine Program. My resume, along with this cover letter that details my career, experience, and expertise as a scientist, accompanies this letter. In my capacity as Director of Environmental Science at The Conservancy, I have worked to improve our understanding of the nature of the interrelationships between residents and their environment. I would be pleased to work cooperatively with you and other members of both or either of these committees to give direction to the future of the rural areas of our county. Sinees~~ '~ne, Ph.D. Director, Environmental Science Enc: resume AGEND~ ~TI~ IvJ,~ No.. AUG 0 1 2000 Leading the challenge to protect and sustain Southwest Florida's natural environment. ~nt By: J*ROLAND*L[EBER LANDSCAPE ARCHI;9412§15378; Jun-23.00 10:52; Page 2J3 Landscape Architects Landscape Design. Planning and Management LA~171 Jac~ IJaber, FA~LA man C, oelz. ASLA John Ribes, A,~LA m JOHN P. RIBES, A.S.LA. Landscape Architect. Associate; In charge of Project Dr, sign, Management and Golf Course Landscape Design Mr. Ribes was educated at Louisiana State Univemity. College of Design in Batan Rouge, Louisiana, were he received him Bachelor of. Landscape Architecture. He is a registered Landscape Architect in the State of Florida and Louisiana, and is a member of the American Society of Landscape Architects. Mr. Ribe~ was formerly an Assistant Professor of Landscape Architecture at Louisiana State University in Baton Rouge, Louisiana. He joined the firm in 1990. His oommunity and professional involvement inctude~: Pener=t for the National Endowment for the Arts, Southeast Regional Program; National Endowment for the Humanities Grant ,.~election Committee; HistoH= Preservation and Restoration Advisory Committee; Past President. ASIA Louisiana Chapter;, State of Florida Professional Awards Program; Design Jury Marebin", Uniform Nation Exam; CLARB Regional Revi~v Public Art in Public Places; Task Force Advisor-, and Guest Lecturer. He joined the firm in 1989. J. R~l~n~l Liebet PA., Landscape Arc~i~ts 399 12"' Avenue S4~uth Naple~. Fiends 34i02 941.2~1-4&3137 Fax 941-261-537~ No. /~, ~ AUG 0 1 2000 Ph.D. 1973 - University of North Carolina-Chapel Hill (Marine Science) PROFESSIONAL SOCIETIES/ORGANIZATIONS American Fishedes Society Amedcan Littoral Society American Society of Ichthyologists and Herpetologists Association of Southeastem Biologists Ecological Society of America European Ichthyological Society Fisheries Society of the British Isles Flodda Academy of Science Flodda Chapter of the American Fishedes Society Hydrogeology Consortium Ichthyological Society of Japan Sigma Xi, the Scientific Research Society Society of Systematic Zoology Southeastern Fishes Council PROFESSIONAL EXPERIENCE 1999 - present Director of Environmental Science, The Conservancy of Southwest Flodda 1997-1999 Research Professor, Flodda Atlantic University 1997-1999 Visiting Scientist, Florida Center for Environmental Studies 1994-1996 Director of the Institute for Coastal and Estuadne Research and the Wetlands Research Laboratory, University of West Florida 1987 Scientific Editor, Madin Magazine 1986 Visiting Professor of Marine Science, Dauphin Island Sea Laboratory, Alabama 1973-1998 Professor of Biology, Department of Biology, University of West Flodda 1984 Visiting Professor of Zoology, University College-Dublin, Ireland 1980-83 Vice President, Statistical Consultants, Inc., Pensacola, Florida 1979-80 Faculty Adjunct, University of Maryland, European Division PROFESSIONAL GRANTS SUMMARY (the past five years out of $4.5 million total) South Flodda Water Management District Flodda Sea Grant College Mississippi-Alabama Sea Grant Consortium Flodda Department of Environmental Protection City of Pensacola, Florida Gulf Islands National Seashore, National Parks Service Santa Rosa County, Flodda 2 $160,000 3,000 3,900 72,510 -66,278 48,511 75,000 AGEND~ AUG 0 1 2000 OBJECTIVE: To appoint 2 members to fulfill the remainder of vacant terms on the Rural Lands Assessment area Oversight Committee. CONSIDERATIONS: This 15 member committee was created on September 14, 1999 by Resolution No. 99-364A/Oral 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 ffiing 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. There are currently two vacancies as follows: Jim Rideoutte resigned June 13, 2000, and David Guggenheim resigned on May 31, 2000. A press release was issued and resumes were received from the following interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Stephen A. Bortone N/A 4 Yes None Michael A. Bauer N/A 1 Yes None John Ribes N/A 2 Yes None Make up of this Committee by specific category is not required by the enabling resolution, however, the Board has expressed a desire to fill vacancies with candidates that pose like educational or professional attributes to the vacating member in order to maintain balance on the committee. Jim Rideoutte ~s a retired executive who worked for the Internal Revenue Service and would fall in the general category of citizen-at-large. David Guggenheim is the former President and CEO of the Conservancy of Southwest Florida and has a Masters and Ph.D. in the Natural Science field and extensive experience in that field. The educational background and professional experience for each candidate is provided in their respective resumes and summarized on the attached spreadsheet from Planning Services. NOTE: At the June 27, 200 Board meeting, the Board also discussed appointing Commissioner Barbara Berry to the Committee. Staff is of the opinion that the Commission may accomplish this in one of two ways. First, the Board may direct staff to increase the committee membership from 15 to 16 members, thus allowing for the appointment of Commissioner Berry. No. 2000 Alternatively, the Board could appoint Commissioner Berry to fill one of the existing 2 vacancies. COMMITTEE RECOMMENDATION: At the time of preparation of this executive summary, the committee had not discussed this issue. In filling a previous vacancy, the Committee voted not to make a recommendation the Board. Staff will provide the Board with a verbal update if the Committee votes to make a recommendation to the Board. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: This Committee is charged with making recommendations to the BCC pursuant to the Final Order issued by the Administration Commission. 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: AUGUST 1, 2000 AGEND,~ AU6 0 I 7000 Rural Lands (Berry) Committee Make-up Committee Member Employer Position Profession/Interest Area 1. James H. Howard Bonita Bay Properties Project Mgr. Couslzuction M~at. 2. Floyd Crews Self-Employed N/A Citizen-at-Large 4. Ron Hamel Gulf Citrus Growers Executive Director Agricultural Industry Org. Assn. Inc. 5. Rodney D. Harvey Realtor, Naples Realty Realtor Naples Area Board of Services, Inc. Realtors 6. Dawn Jantsch, C.A.E. Naples Area Chamber President Business Org. of Commerce 7. Andrew MacKie National Audubon Assistant Manager Environmental O~g. Society (Corkscrew Conservatinn's lands Swamp Sanctuary Manager 8. Ann Olesky Self-Employed Marina Operator Citizen-at-Large 10. David Santee Farm Bureau Manager Government Org. 11. Richard J. Smith Self-Employed/Attorney N/A Citizen-at-Large 12. Nino J. Spagna, Ph.D. Self-employed N/A Coremunit7 Planning /Consultant 13. Fred Thomas, Jr. Collier County Housing Executive Director Government Housing Authority Agency 14. Sonia Tuten Self-Employed N/A Citizen-at-Large 15. Grady E. Miars First Union National Senior VP Financial/Banking Dr. Guggenheim has recently resigned from the Committee. Seat vacated by Mr. Jim Rideout, Retired IRS Executive. Applicants to Fill Vacancy Candidate Name Address Current Occupation Education - Length of Professional Residency Background 1 John P. Ribes 218 Woodshire La. Landscape Architect, J.Bachelor of 11 Years Roland Leiber Landscape Architecture, Louisiana State 2 Stephen A. Bortone 2286 River Reach Dr. Director_ Env. Science,B.S. Biology Not Conscrvancy of SW MA Biology available Florida Ph.D. Marine Science 3 Michael R. Bauer 109 Debron Ave. Director, National BS Un. Of New Not Wildlife Everglades Brunswick available Project MS Colorado State U. JD U of Wash. Ph.D. in progress AUG o 1 2000 HAND DELIVERED THE CONSERVANCY Of Southwest Florida '/450 5.,lerrihue Drive · Naples. F~crida 34102 941.262.0304 · Fax 94t.262.0672 www. comervanc~.org 23 June 2000 RECEIVED Mr. Timothy Constantine, Chair Collier County Board of County Commissioners 3301 E. Tamiami Trail Naples, Florida 34112 JUN 2 ~/.~..,, t~11 Of Counts Comai s,,7. ~oaers Dear Mr. Constantine I would like to apply for appointment to the Rural Lands and Rural Fringe Committees. I have established residency in Collier County, reside at 2286 River Reach Drive in Naples and have registered to vote in Collier County having recently moved here fi'om Lee County. I serve as Director of Environmental Science for The Conservancy of Southwest Florida. I have had a long and distinguished career as an Ecologist and Biologist with special interest in the restoration sciences. I have served and currently serve as a committee member on several Technical Advisory Committees in the area including the Charlotte Harbor National Estuarine Program. My resume, along with this cover letter that details my career, experience, and expertise as a scientist, accompanies this letter. In my capacity as Director of Environmental Science at The Conservancy, I have worked to improve our understanding of the nature of the interrelationships between residents and their environment. I would be pleased to work cooperatively with you and other members of both or either of these committees to give direction to the future of the rural areas of our county. Stc~phen A. Bortone, Ph.D. Director, Environmental Science Enc; resume AGENDA I.~T E I~,~ No. ~ AUG 0 1 2OOO Leading the challenge to protect and su.vtain Southw~t Florida's natural environmenL Resume NAME: Stephen A. Bortone TITLE: Director, Environmental Science ADDRESS: The Conservancy of Southwest Florida 1450 Merrihue Drive Naples, FL 34102 Tel: 941-403-4232, FAX: 941-262-5872 EXPERIENCE AND EXPERTISE Dr. Stephen Bortone is Director of Environmental Science as well as Research Professor at Flodda Atlantic University. He also holds a Courtesy Appointment at Flodda Gulf Coast University. Dr. Bortone has conducted research on coastal ecology and the life history, distribution and reproductive biology of fishes in the southeastern United States and in the Gulf of Mexico-for the past 30 years. He has published over 112 scientific articles on the broadest aspects of coastal ecology and fish life history. Previously, Dr. Bortone served as Director of the Institute for Coastal and Estuarine Research at the University of West Florida and was Project Manager for the Flodda Center for Environmental Science's estuadne research effort in the Caloosahatchee Estuary. He has extensive field sampling experience in all biotopes of the southeastern U.S. and is especially familiar with coastal aquatic communities. Dr. Bortone has a working statistical knowledge of: linear regression, multiple linear regression, stepwise regression, cjuster analyses, canonical correspondence analysis (CANOCO), discriminant function analysis, principal components analysis (PCA), detrended correspondence analysis (DCA), two-way indicator species analysis (TWINSPAN), ANOVA, ANCOVA, and most non-parametric statistics including the program package PRIMER. He has served as scientific editor and reviewer for numerous organizations and journals such as: National Science Foundation, Environmental Protection Agency, U.S. Fish and Wildlife Service, National Marine Fishedes Service, Copeia, Transactions of the Amedcan Fishedes Society, Environmental Biology of Fishes, Northeast Gulf Science, Florida Academy of Science, Ecology, Ecological Monographs, Bulletin of Marine Science, Alabama Research Institute, Flodda Game and Freshwater Fish Commission, National Undersea Research Program. EDUCATION B.S. 1968 - Albright College, Reading, Pennsylvania (Biology) M.S. 1970 - Florida State University, Tallahassee, Florida (Biology) 1 AGEND~ No. AUG 0 1 ZOO0 Ph.D. 1973 - University of North Carolina-Chapel Hill (Marine Science) PROFESSIONAL SOCIETIES/ORGANIZATIONS American Fishedes Society American Littoral Society Amedcan Society of Ichthyologists and Herpetologists Association of Southeastern Biologists Ecological Society of America European Ichthyological Society Fisheries Society of the Bdtish Isles F!odda Academy of Science Florida Chapter of the American Fisheries Society Hydrogeology Consortium Ichthyological Society of Japan Sigma Xi, the Scientific Research Society Society of Systematic Zoology Southeastern Fishes Council PROFESSIONALEXPERIENCE 1999 - present Director of Environmental Science, The Conservancy of Southwest Florida 1997-1999 Research Professor, Florida Atlantic University 1997-1999 Visiting Scientist, Florida Center for Environmental Studies 1994-1996 Director of the Institute for Coastal and Estuadne Research and the Wetlands Research Laboratory, University of West Florida 1987 Scientific Editor, Marlin Magazine 1986 Visiting Professor of Madne Science, Dauphin Island Sea Laboratory, Alabama 1973-1998 Professor of Biology, Department of Biology, University of West Fiodda 1984 Visiting Professor of Zoology, University College-Dublin, Ireland 1980-83 Vice President, Statistical Consultants, Inc., Pensacola, Florida 1979-80 Faculty Adjunct, University of Maryland, European Division PROFESSIONAL GRANTS SUMMARY (the past five years out of $4.5 million total) South Flodda Water Management Distdct Flodda Sea Grant College Mississippi-Alabama Sea Grant Consortium Flodda Department of Environmental Protection City of Pensacola, Florida Gulf Islands National Seashore, National Parks Service Santa Rosa County, Flodda 2 $160,000 3,000 3,900 72,510 · 66,278 48,511 75,000 AGENDA~IT~,M ~ No. AUG 0 i 2000 Flodda Center for Environmental Studies Telephone Pioneers of America Three Rivers Foundation, Inc. Escambia County, Flodda Charlotte Harbor Environmental Studies Center 23,567 2,500 14,000 1,581,871 8,250 Bay County and Florida Department of Environmental Protection 25,000 U.S. Environmental Protection Agency 387,196 Washington County, Florida 26,761 National Marine Fisheries Service 94,000 THESIS SUPERVISION M.S. Supervised twenty-one Master Thesis students. LIST OF PUBLICATIONS FOR THE PAST FiVE YEARS (out of a total of 112) In press. Fish and macroinvertebrate evaluation methods (Chapter 5)..In W. Seaman (ed.). Methods of Assessing Artificial Reefs. CRC Press, Boca Raton, FL. with S.A., M. Samoilys, and P. Francour 1999. Tropical and Subtropical Seagrass Management Ecology: Responses to Environmental Stress. CRC Press. Boca Raton, Florida. 384 pages 1999. Tapegrass life history metdcs associated with environmental variables in a controlled estuary. Pages 65-79. In: S.A. Bortone (editor). Tropical and Subtropical Seagrass Management Ecology: Responses to Environmental Stress. CRC Press. Boca Raton, Flodda. 1999. Morphological masculinization in poeciliid females from a papermill effluent receiving tributary of the St. Johns River, Flodda, USA. Bull. Environ. Contam. Toxicol. 63:150-156. with R.P. Cody 1999. Data needs for assessing madne reserves with an emphasis on estimating fish size in situ. II Naturalista Siciliano 23(Suppl.): 13-31. with K.J. Mille 1998. Proceedings of the Ninth Congress of European Ichthyologists (CEI.-9) 'Fish Biodiversity". Italian Joumal of Zoology Volume 65 (Supplement). 551 Pp. (co-editor with Bianco, P;G. and P. Tongiorgi) 1998. Introduction. Ital. J. Zool. 65 (Supple.):1-2. (with first author P.G. Bianco) 1998. The impact of artificial reef fish assemblages on their potential forage area. Ital. J. Zool. 65 (Supple.):265-267. (with R.P. Cody, R.K. Turpin and C.M Bundrick) AGEN DA~IT~,M t,. / 3 AUG 0 I 2000 1998. Resolving the attraction/production dilemma in artificial reef research: Some yeas and nays. Fishedes 23(3):6-10. 1998. Indexed annotated bibliography to the biology and life history of tape grass (Vallisneria americana). Fiodda Center for Environmental Studies, Tech. Ser. 4:i-ii, 1-77. Florida Atlantic University (Northern Palm Beach Campus). (with M.P. Smith and R. K. Turpin) 1998. Estuadne research capabilities in Flodda: State University System affiliated universities and institutions. Florida Center for Environmental Studies, Tech. Ser. 3:i-vii, 1-71. Florida Atlantic University (Northern Palm Beach Campus).( with M.P. Smith) 1997. Development of an epifaunal assemblage on an estuarine artificial reef. Gulf of Mexico Science 15(2):55-70. (with first author T. R. Martin) 1997. Factors associated with artificial-reef fish assemblages. Gulf of Mexico Science 1997(1):17-34. (with R.P. Cody, R.K. Turpin, C.M Bundrick and R.L. Hill) 1997. Institutional Strengthening of the Cuare Wildlife Refuge: Evaluation of the Refuge's Ecological System and the Impact of Human Activities. I. Exploratory Visit to the Cuare Wildlife Refuge, Venezuela. August 1997. Final Report. Flodda Center for Environmental Studies. Flodda Atlantic University (Northern Palm Beach Campus). 19 pp. (with L. Berry and A. Palombo) 1997. The importance of Silas Stearns and the red snapper fishery to North American ichthyology. Pages 459-467. In: T.W. Pietsch and W.D. Anderson, Jr. (eds.). Collection Building in Ichthyology and Herpetology. Amedcan Society of Ichthyologists and Herpetologists, Special Publication No. 3. (with R.N. Besser, and C.R. McNeil) 1997. Spotted seatrout as an important sentinel for the condition of Flodda's estuaries. Up Close and Environmental - July 1997, 1(1):1-2. (with M.A. Wilzbach) 1997. Status and trends of the commercial .and recreational landings of spotted seatrout (Cynoscion nebulosus): South Florida. Flodda Center for Environmental Studies, Tech. Set. 2:1-47. Flodda Atlantic University (Northern Palm Beach Campus). (with M.A. Wilzbach) 1997. An indexed bibliography to the biology and life history of the spotted seatrout (Cynoscion nebulosus). Flodda Center for Environmental Studies, Tech. Ser. 1:i-ill, 1- 74. Flodda Atlantic University (Northern Palm Beach Campus). (with M.A. Wilzbach and C.D. Bedee) 1997. Masculinization of mosquitofish as an indicator of exposure to kraft mill effluent. Bull. Environ. Contain. Toxicol. 58:429-436. (with R.P. Cody, first author) 4 AUG 0 1 2000 1996. Feeding guilds amorlg artificial-reef fishes in the northern Gulf of Mexico. Gulf of Mexico Science 14(2):66-80. (with B. Nelson, first Author) 1996. Live-bearing fishes as a potential bioassay for the presence of Kraft mill effluent. Proceedings of the 1996 NCASl Southeastern Regional Meeting (National Council of the Paper Industry for Air and Stream Improvement, Inc., Research Tdangle Park, North Carolina), Special Report No.96-06 (October 1996):120-126. (with R. P. Cody) 1996. Short and long term variation in the masculinization response of mosquitofish exposed to paper mill effluent. Proceedings of the 1996 NCASI Southeastern Regional Meeting (National Council of the Paper Industry for Air and Stream Improvement, Inc., Research Triangle Park, North Carolina), Special Report No.96-06 (October 1996):127- 135. (R.P. Cody first author) 1996. The second wodd fisheries congress: fish tales from down under. Reef Report: July/Sept. 1996, Vol.3. Flodda Department of Environmental Protection, Tallahassee. Pages 3-4. 1996. Structure of and relationships within and between the littoral, rock-substrate fish communities off four islands in the Canarian Archipelago. Marine Biology 125:215-231. (with FalcOn, J.M., A. Brito, and C.M. Bundrick) 1996. ECOSET'95 - The International Artificial Reef Meeting in Japan. Reef Report: Oct./Dec. 1995, Vol. 4. Florida Department of Environmental Protection, Tallahassee. Pages 2-4. 1995. Identifying factors for artificial reefs. Reef Report: July/Sept. 1995, Vol. 3. Flodda Department of Environmental Protection, Tallahassee. Pages 2-3. 1995. Food habits and forage limits of artificial reef fishes in the northern Gulf of Mexico. ECOSET'95 Proceedings (International Conference on Ecological System Enhancement Technology for Aquatic Environments, Tokyo) Volume 1. (with B.D. Nelson) 1994. Evaluations of artificial reefs: configurations, materials, location and methods. Pages 69-77. in W. Horn (ed.). Flodda Artificial Reef Summit '93. Florida Department of Environmental Protection, Tallahassee, Flodda. 1994. Enhancement of the nearshore fish assemblage in the Canary Islands with artificial habitats. Bull. Mar. Sci. 55(2-3):602-608. (with J. Van Tassell, A. Brito, J. M. Falcon, J. Mena, and C. M. Bundtick) 1994. Factors affecting fish assemblage development on a modular artificial reef in a northern Gulf of Mexico. Bull. Mar. Sci. 55(2-3):319-332. (with T.R. Martin and C.M. Bundrick) 5 AGENOA~J.I'~ M ~, No. !L,, AUG 0 ! 2000 Pa. 1994. Fish intersexuality as indicator of environmental stress. BioScience 44(3):165- 172. (with W.P. Davis) 1994. Cleaning behavior among madne fishes and invertebrates in the Canary Islands. Cybium 18(2):117-127.(with J. Van Tassell and A. Bdto) 6 NATIONAL WILDLIFE FEDERATION' www.nwf. org TM NATIONAL WILDLIFE FEDERATION® People and Nature: Our Future Is in the Balance RECEIVED JUN 0 8 2000 EVERGLADES PROJECT ~ard of Count~ Cometsstoners June 6, 2000 Sue Filson Board of County Commissioners Collier County Government Center 3301 Tamiami Trail E. Naples, FL 34112 Dear Ms. Filson: I would like to be considered for appointment to the Rural Fringe Oversight Committee and the Rural Lands Oversight Committee. Currently, I am the Director of the National Wildlife Federation's Everglades Project Office. The office was opened in Naples about two years ago to promote restoration of the eastern Everglades and protection of the western Everglades. The National Wildlife Federation is the nation's largest member-supported conservation group, uniting individuals, organizations, businesses and government to protect wildlife, wild places, and the environment. On a personal note, I am finishing up a Ph.D. from Virginia Tech in Environmental Design and Planning, have been an environmental law attorney for an Indian tribe, and before that a wildlife biologist with the U.S. Fish and Wildlife Service. I am enclosing a resume that elaborates on my background. I believe my professional experience and education can be beneficial to Collier County. I would very much like to share what abilities I have with the people of my new home and serve on these two committees. Sincerely, Michael R. Bauer cc: Commissioner James Carter Commissioner Tim Constantine Conunissioner Pam Mac'Kie Commissioner Barbara Berry Bob Mulhare 2590 Golden Gate Parkway, Suite 109, Naples, Florida 34105 AG EN D.a/I/T.~ M t~ NO. t ~.2 /..j AUG 0 1 ;>000 / 1 , Tel: (941) 643-4111 Fax: (941) 643-5130 Website: www. nwLorg MICHAEL R. BAUER B.S., M.S., J.D. Ph.D. Candidate 109 Debron Drive Naples, Florida 34112 (941) 530-0061 Email: bauer606~aol.com SPECIAL ACHIEVEMENTS Number one ranked teacher in number seven ranked planning department in the nation for Spring, 1999 semester. Performed as District Court Judge Pro Tem for Kittitas County, Washington, on an "as needed" basis. Appointed to North Bend, WA Planning Commission. Appointed to Ellensburg, WA Downtown Task Force. Appointed to the Chesapeake Bay Site Planning Demonstration Project Advisory Team. Represented a sovereign Indian Nation in various meetings with members of Congress and Executive Branch officials, including the Secretary of Energy, the Regional Director of EPA, and the Assistant Regional Director of the U.S. Fish and Wildlife Service, as well as with the State of Washington's Fish and Wildlife Director, Public Lands Commissioner, Attorney General, and Director of the Department of Ecology. EXPERIENCE Present DIRECTOR, EVERGLADES PROJECT OFFICE, NATIONAL WILDLIFE FEDERATION Overall responsibility for leading and promoting the National Wildlife Federation's Everglades program. Responsible for expanding the program at the local, regional and national levels by advocating policy, science, education and community outreach strategies to effect environmental improvements. Direct and .implement the programmatic, revenue generation and administrative operations of the Everglades office in a key leadership role of one of the Federation's highest priority areas. Supervise all office staff and functions. AUG 0 1 2000 1996 to 1999 1992 to 1997 1988 to 1992 1978 to 1982 ADJUNCT FACULTY MEMBER AND PH.D. STUDENT Taught environmental policy and planning courses while earning a Ph.D. in the Environmental Design and Planning Program at Virginia Tech. Performed research and wrote on collaborative stakeholder involvement processes and their role in environmental decisionmaking in conjunction with work on dissertation. ENVIRONMENTAL LAW ATTORNEY AND POLICY ANALYST. Legal responsibilities with respect to management of water, forests, fish, wildlife and other natural resources within a 1.2 million acre Indian Reservation and extending over an area of approximately 11 million acres within which the Yakarea Indian Nation has reserved Treaty rights. Provided analysis ofNEPA, CERCLA, RCRA, Clean Water Act and other environmental laws and their impacts on the Nation. Worked with the Bonneville Power Administration to obtain mitigation for damages to rivefine ecosystems resulting from major dams on the Columbia River. Worked with EPA to obtain authority to set water quality standards and issue permits for water-related activities. Drafted a habitat conservation plan for the Reservation pursuant to Section 10 of the Endangered Species Act. Represented the Yakarea Nation under CERCLA natural resource trusteeship provisions for hazardous and nuclear waste cleanup at the U.S. Department of Energy's Hanford Nuclear Site. Advisory responsibilities to Tribal Council and Tribal Committees concerning intergovernmental activities, contractual relationships, and statutory responsibilities. Worked to improve relationships between Tribal government and state and federal governments. ATTORNEY AT LAW. Engaged in general practice of law. Provided private clients with counseling, litigation services, and research. Special interests in Environmental, Water, Real Estate, and Criminal law. ASSISTANT REFUGE .MANAGER, U.S. Fish and Wild. life Service. Responsible for management, planning and evaluation of natural resources on a federal barrier island/estuary coastal complex. Primary biological duties involved wildlife surveys, habitat restoration, and protection of sensitive areas. Carried out public participation programs and environmental education. Gave talks to environmental groups, lectured college classes, and led nature walks. ^GENDAtI'[,E~M No. , !~.~ ~. AUG 0 1 2000 SUMMER POSITIONS WHILE IN COLLEGE 1982 Wildlife Biologist. University of Washington. Performed biological surveys on Mt. St. Helens. 1977 Graduate Research Assistant. Colorado State University. Worked on reintroduction of bighorn sheep. 1975 Wildlife Biologist. University of New Brunswick. Located and trapped rafted grouse. 1974 Park Ranger. Olympic National Park. Gave campfire talks and slide shows. Led nature walks. EDUCATION 2000 1988 1977 1976 Ph.D. expected. Virginia Tech. Environmental Design and Planning. J.D. University of Washington. M.S. Colorado State University. Wildlife Biology. B.S. University of New Brunswick. Biology. SPECIAL TRAINING 1996 Reviewing NEPA Documents. Franklin Quest Consulting Group. Seattle, Washington. 1994 Federal Facility Environmental Compliance Institute. Government Institutes, Inc. Denver, Colorado. 1994 Advanced Environmental Law Course. Government Institutes, Inc. Orlando, Florida. 1993 Applying the NEPA Process. Shipley Associates. 'Portland, Oregon. 1993 CERCLA Orientation and RIPFS Training. U.S. Department of Energy. Kennewick, Washington. No. I (..) I ) AUG 0 1 2OOl) PUBLICATIONS Bauer, M.R. and Randolph, J.R. 1998. Improving environmental decisionmaking through collaborative methods. In print, Policy Studies Review. Bauer, M. 1997. Sustainability: An Environmental Panacea? Ecos 5(1):19-20. Bauer, M. 1995. The Yakama Nation's Involvement at the Hanford Nuclear Site. 30 Gonzaga L. Rev. 647. Bauer, M. 1994. Tribal involvement at Department of Energy sites through the authority of CERCLA natural resources trusteeships. Proceedings of the Symposium on Waste Management, Tucson, Arizona Feb. 27-Mar. 3, 1994. Manuwal, D., Huff, M., Bauer, M., Chappell, C., and Hegstad, K. 1987. Summer birds 'of the upper subalpine zone of Mount Adams, Mount Rainier, and Mount St. Helens, Washington. Northwest Science 61(2): 82-92. Bauer, M. 1982. Rail hunting in a Massachusetts saltmarsh. Massachusetts Wildlife 33(3): 11-13. PERSONAL Married with four children. Enjoy snorkelhag, hiking and bicycling. REFERENCES John Randolph, Professor, Urban Affairs and Planning, Virginia Tech, Blacksburg, VA 24060 (540) 231-6971 Eric Hanson, Associate Manager, Wildlife Resources, Yakama Nation P.O. Box 151, Toppenish, WA 98948 (509) 865-5121 David O'Neill, Center for Chesapeake Communities, 209 West Street, Suite 201, Annapolis MD 21401 (410) 267-8595 Kevin Clarke, Richland Field Office, U.S. Department of Energy, P.O. Box 550, Richland, WA 99352 (509) 376-6332 Thomas Haven, Kittitas County District Court Judge, Kittitas County Courthouse 5th and Main Street, Ellensburg, WA 98926 (509) 962-7511 AUG 0 1 2000 Sent BY: J*EOLAND~LIEBER LANDSCAPE ARCHIj9412§15378; Jun-23-00 10:52; Page 1 Landscape Design, Planning and M-nagement Company: Fax No.: Phone: Including rover aheeL ~ECEIVED .JUN 2 3 2000 t~led of Count~ Cmais$ioner$ Copy to: 39gTwelfl~AvenueSouth, N&ples, Flortda34102 941-261-4007 Faxg41.261a537 E:ttmil jdt3a~aol.com www.jrtpa.com Fort Laude~ale 954.?B4-668g AGE NI~A.LTF.~ AUG 0 1 2000 ent By: J*ROLAND*LIEBER LANDSCAPE ARCHI;@412615378; Jun-~3-00 10:52; Page 2/3 Landscape Architects Landscape Design, Planning and Management I_A~171 JOHN P. RIBES, A.$.LA. Landscape Archite~ Associate; In charge of Project Design, Management and Golf Course Landscape Design Mr. Ribes was educated at Louisiana State University, College of Design in Baton Rouge, Louisiana, were he received hb Bachelor of Landscape Architecture. He i~ a registered Landscape Architect in the State of Florida and Louisiana, and is a member of the American Society of Landscape Architects. Mr. Ribe~ was formerly an Assistant Professor of Landscape Architecture at Louisiana State Univemity in Baton Rouge, Louisiana. He joined the firm in 1990. His ~ommunlty and professional involvement includes: Paneast for the National Endowment for the Arts, Southeast Regional Program; National Endowment for the Humanities Grant ~election Committee; Histork: Preservation and Restoration Advisory Committee; Past President, ASIA L~ui~iana Chapter;, State of Florida Professional Awards Program; Design Jury Member', Uniform Nation Exam; CLARB Regional Review !nslzuctor; Public Art in Public Places; Task Force Advisor;, and Guest Lecturer. He joined the firm in 1989. J. Rolam;I Liebet PA,, LanOsr. al~e Arc. hiteo~ 399 12~ Avenue _~"-~h Nellie. Florida 34102 g41-2~1-40137 Fax !MI-281-5378 ^GEND~ I~T.~E! No. / C) AUG o i 2ooo ;ant B~: jt~0LAND~L[EBER LANDSCAPE ARCH[;9412§15378; Jun-23-00 10:53; Page 3/3 JOHN P. RIBES, Landscape Architect. Associate; In charge of Project Design and Management EDUCATION: 1958-62 Louisiana State University. College of Design. Baton Rouge, Louisiana. Bachelor of Landscape Architecture, August 1962. REGISTRATION: LANDSCAPE ARCHITECT. State of Floricla. State of Louisiana. AFFILIATIONS: American Society of Landscape Architects, Member. Amedcan Institute of Architects, Affiliate Member. ACADEMIC EXPERIENCE; 1976-81 Louisiana State University. School of Landscape Architecture. Baton Rouge, Louisiana. Assistant Professor of Landscape Architecture. COMMUNITY I PROFESSIONAL INVOLVEMENT= National Endowment for the Arts, Soulheast Regional Program Panelist. National Endowment for the Humanities, Grant Selection Committee. Historic Preservation & Restoration, Advisory Committee. ASLA, Louisiana Chapter, Past President. State of Florida Professional Awards Program, Design Jury Member. uniform Nation Exam, CLARB Regional Review Instructor. Public Art in Public Places, Tar, k, Force Advisor. Guest Lecturer. AUG 0 ! 2000 OBJECTIVE: To appoint 2 members to serve 4 year terms, expiring on September 2, 2004, on the Public Vehicle Advisory Committee. CONSIDERATIONS: The Public Vehicle Advisory Committee has 3 terms expiring on September 2, 2000. Three members must be holders of Certificates to Operate a motor vehicle for hire company in Collier County and two members who are in no way affiliated or associated with the vehicle for hire business. This 5 member committee reviews and approves; applications for a Certificate to Operate, taxicab color schemes pursuant to ordinance, and reviews and make recommendations to the Public Vehicle Board (BCC) regarding issues related to the motor vehicle for hire business and regarding alleged violations of OrdLnance 91-93. Terms are 4 years. A list of the current membership is included in the backup. The terms for William J. Csogi (non-affiliated), Patricia M. Baisley (affiliated), and Bryan L.S. Pease (affiliated) will expire on September 2, 2000. A press release was issued and resumes were received from the following interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Bryan L.S. Pease (reappt) Aff'fiiated William J. Csogi (reappt) Non-affiliated 3 YeS PVAC 2 Yes PVAC COMMITTEE RECOMMENDATION: Quasi-Judicial Committee - no recommendation FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the requests for reappointment, reappoint 2 members, and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Administrative Assistant Board of County Commissioners Agenda Date: AUGUST 1, 2000 To: From: Date: Subject: Memorandum RECEIVED ,JUL o ~ 2000 Boara of Count.7 C0mmfssi0ner~ Sue Filson, Administrative Assistant Board of County Commissioners Michelle E. Arnold, Code Enforcement Director,S. June 30, 2000 Public Vehicle Advisory Committee The attached resumes for the vacancies in the Public Vehicle Advisory Committee have been reviewed. These applicants meet the ordinance requirements as follows: Bryan L. S. Pease William J. Csogi Charter Service - Limo Service No Vehicle for Hire Affiliation M][AJmc Code Enforcement Department Community Development & Environmental Services Division Public Vehicle Advisory Committee Clifford Wesley Flegal, Jr. P.O. Box 2663 Naples, FL 34106 D/str/~: 1 Category: Non-Aff31iated Work Phone Al~t'd Exp. Date Term Home Pkone D~ 2~Date 2rid Term 09/02/97 09/02/01 4 Years 774-9674 William J. Csogi 202 Woodshire Lane Naples, FL 34105 District: 2 Category: Non-Affiliated 435-1157 10/26/99 09/02/00 l Year Palxicia M. Baisley 2725 70th Street, S.W. Naples, FL 34105 District: 2 Category: AiWated 262-1312 06/08193 09t02/96 3 Years 649-0468 10/08/96 09/02/00 4 Years Bryan L. S. Pease 1373 Wildwood Lakes Blvd. No. 2 Naples, FL 34104 District: 3 Category: .~ated 261-5151 06/04/96 09/02/96 3 Months 06/04/96 09/02/00 4 Years Eric N. Hyde 548 Ibis Way Naples, FL 34110 District: 2 Category: AltemateJA ffi_liated 594-6017 05/23/00 09/02/04 4+ Years 513-9311 42 Mentor Drive Naples, FL 34110 Dt~rict: 5 Category: Affiliatod 598-3300 06104/96 09/02/96 2 Months 09/02/97 09/02/01 4 Years ~e.,~naa~, M~ 24, 2wo ~ z ,~'2 Public Vehicle Advisory Committee Work Pkone ,4ppt'd ~ Date Term Name Home Pkone DateRe-alpt 2mi~.~Date 2nd Term This 5 member and 1 alternate member was created by Ord. No. 86-4, re-esta~ by Ord. 91- 93, amended by Ord. 93-15 and Ord. 95-66 to review and approve applications for a Certificate to Operate, taxicab color schemes pursuant to ordinance, and review and make recommendations to the Public Vehicle Board (BCC) regarding issues related to the motor vehicle for hire business and regarding alleged violations of Ord. 91-93. Membership consists of 3 members who must be holders of Certificates to Operate a motor vehicle for hire company in Collier County, and 2 members who are in no way affiliated or associated with any holder of a certificate. Terms are 4 years. F'L $m,~': Michelle Arnold, Code Enforcement Director:. 403-2413 20OO NOe Pg. MEMORANDUM.. ECEIVED DATE: TO: FROM: June 27, 2000 Vinell Hills, Elections Office Administrative Assista~at .4 Sue Filson, - ~,.~/ff - ' Board of County Commissioners JUN 2 8oard of Coun:y Commissioners RE: 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. PUBLIC VEHICLE ADV COMMITTEE_ COMMISSION DISTRICT_ Bryan L. S. Pease 1373 Wildwood Lakes Blvd., No. 2 Naples, FL 34104 William J. Csogi 202 Woodshire Lane Naples, FL 34105 Thank you for your help. MEMORANDUM DATE: TO: FROM: June 28, 2000 Michelle Arnold, Code Enforcement Dire~ r.? Sue Filson, Administrative Assista~,,/T'~[ / Board of County Commissioners ..-5'/--~ '-" Public Vehicle Advisory Committee As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Bryan L. S. Pease 1373 Wildwood Lakes Blvd., No. 2 Naples, FL 34104 William J. Csogi 202 Woodshire Lane Naples, FL 34105 Please let me know, in writing within the 41 day time-frame, if the applicants are qualified to serve as members on the board, 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 me at 774-8097. Thank you for your attention to this matter. SF Attachments A6EI~A ~ EXCEL DESTINATION MANAGEMENT SERVICES, INC. RECEIVED .... ' jun2z2000 FACSIMILE TRANSMITTAL SH!~ET Ms. S~ Fflso~ Admlnis~fi~ ~ B~ LS. P~, P~t COMPAI'~: DATE; Board of County Comrmssio~e~ 6/~/00 N~: ~T~ NO. OF PAG~ ~G CO~ 941 77%3~2 ~ ~ ~ONE NU~ER~ S~ ~VA~/DI~CT ~E On F~ ~1 64%2~ Ad~o~ C~~ 941 261-~1 [-] UKGENT X FOR REVIEW NOT F..,~ / C OMI~1n. lqTS; PLEASE COMMENT [] PLEASE REPLY PLEASE R}ECYCLB It has bccn my pleasure to serve the community a~ a member of the Public Vehicle Advisory Committee. I hav~ learned and gown from the experience, one I would highly recommend tO others in the community and the transportation industry as w~11. h i~ my beliefthat ideally, all co!~mittc~s nt~4]s a fresh mix of qualified and competcnt membcrs that have the potcntial to bnng new ideas to the table. However, should thee be a shortfall of applications from the transpotion sector that .at~ knowledgeable and experienced in operating w/thin Collier County, it would be my honor to serve a second term, Over the previous six years, Excel Destitution lVlan~ S~rvices, Inc. has be, come the largest non-taxi fleet in the county. Our policy of reftfin8 sedans, limousines, vans and miracoaches after four years ensures the guests visitin~ the area's convention re~n~ that the coumy's standards will not only be met but also cxceedcd We are a mcommeaded supplier of the Marco Beach Hilton, the exclusive lransportation company for Mamott's Mamo Island Resort and Golf Club, the ~xclusive a'am[x~tion and d~in~tion raanag~tt company of the LaPlaya Beach R~rt as well ~s the new Napt~s Hilton. Ex~el has more saf~ty meetings main reason the Public Vehicle Advisory Committee was formcol We are proud to bca responsible reixesen~ve of Collicr County. , SUITE F NAPLES, PLORIDA 3~104 Sue Fitson Administr~iv¢ A~istam Collier County Com,~imion 3301 E~ Tami~ni Trail Naple% Florida 34112 12~mr Ms. Fibon: Plea~,e be advi~d thin I ~-n b this leuer my updated rmum¢ per yo~ $1mr~ a concern of tho growth of Co!lg and a~si~ in public mmsponafion con If you havc any qucstions or Sincerely, WILLIAM C$OGI 202 Woodshire line N.,ples, FL. 34105 261-6957 P~GE June il, 2000 Via Facsimile 774..3602 Im.m.d in cominuin8 to ~ on the committee. Please find included with letter. I have bccn a resident of Co!lief County since October of 1989 and Cmmty and feel I would be a good candidatc for the committee to review :~ns in Collier County. :onczrn., please feel free to contact me. AGENDA 06/11/2000 12:351B412614B64 CAR CRITIC INC PAGE 02 202 Woodsk OWN/OPEI~TE 4 years owner/operator 1.5 years of progressive A take charge, positive customer relations and. Effectively resolve exist management skills. Demonstrated ability simultaneously. Knowledgeable in the u track pertinent informat LEdDERSHIP SK CUSTOMER RELA TIOt SENSfl Car Critic Inc. Accredited owner/operator of automotive related services o numerous n~tionwide fleet ace legal community. Providing fo ~ppmisals. Ntp!~ Acura Naples, Florida Shop Forman/Service New and Used automotive sale (in-house Internet web site des Hen~ Johnson Tire & Servi, Store Manager WILLIAM A C$06t re Lane, Naples, Florida 34105 (941)261-6957 careritic~~.net CAREER OBJECTIVE s~UTOMOBILE APPRAISAL/INSPF. CTION COMPANY ~UALIFICATIONS SUMMARY ~rofitable automobile inspection company ;xperience in automotive service and parts management. attitude which facilitates the develotmtent of exceptional taftproductivity. 'ng or potential problems by applying superior technical to work ~ff'ectively and complete multiple projects e of computerized system~/equipmem to access, swre and on. AREAS OF STRENGTH ZLS- TECHNICAL AUTOMOTIVE KNOWLEDGE ;S- PROBLEM RESOLUTION- STAFF DEVELOPbrENT 7V1TY FOR PROFIT. DEPENDABILITY EXPERIENCE Naples, Florida 1996/Present automotive legal services and iavcstigation firm, We provide Automobiles boats, watercr~ and alv's for private clients ,tats including lending institutions, insurance companies and the enaic, Fire and M~chnnical defect investigations inspections and Technician consultant gn and sales consul (A -Class Line ant } , Naples, Florida 1993/I999 Technician) 1996/1999 Naples, Florida 1991/1993 86/11/2888 12:35 19412614864 CAR CRITIC INC PAGE 83 We~tside Automotive - Bob Taylor ChevFole~ - ' Germain Lineoh Mereury - Mitchell Subaru - WHliam F CurtJss Shell - P Acura Automobiles ASE Certified - Acura Line Teeh - Technical Careers Auto Instil 2 stroke, 4 stroke. diesel and Champion Spark Plug~ Inc. - Chrysler Line Tech - Daihatsu Line Tech - General Motors - International Automotive Appraisers Association Lincoln Line Teeh - Mercury Line Tech - Mobile Air Conditioning Safety Clean Corporation- Florida Department of Insun Computer courses including W Simsbury High School Technical Careers Institute International Automobile Appr OLE Member I.A.T.N Member S.C.C.A. Member Collier County Publie President board of directore W Advisory board member to the PRIOR EXPERIENCE Naples, Florida - Owner/Operator 3 bay independent ~vice faculty Naples, Florida - Driveability Technician Naples, Florida - Driveability Technician Canton, CT - Class A Line TechnicSan Simsbury, CT- Service station Technician ~OFESSIONAL TRAINING Sales processing and product knowledge. Automotive Service Excellence Certified 100% Factory Training ~te Graduate 2 Year automotive engineering program including ~mative fi~el engines. Distributorless Ignition Systems. 100% Training 100% Training GM computer command control electronic engine and emission control systems. Phase 2 Certified 100% Training 100% T~ning R-12/R-134A Refrigerant Recycling and Service Certified. Hazardous Material Handling And Identification Licensed to sell automobile warranties EDUCATION )rclPeffeet 5,2, Windows, Microsoft and MS DOS ds~n' AssoeiaOon 'SIDE INTERESTS/Affiliations Crew Chief L~e Arnold Racing Team #28 SEDIV S.C.C.A Naples, FL Vehicle Advisory Committee xxtshire Homeowners Association N.A.D.A classic collectible and special n. _ _ EXECUTIVE SUMMARY RECOMMENDATION THAT THE COMMUNITY REDEVELOPMENT AGENCY BOARD AUTHORIZE STAFF TO WAIVE THE COUNTY PURCHASING POLICY AND EXECUTE A CONTRACT WITH HOLLAND AND KNIGHT TO PROVIDE LEGAL SERVICES TO THE COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY AND TO DIRECT STAFF TO PREPARE A BUDGET AMENDMENT. OB[ECTIVE: To have the Community Redevelopment Agency (CRA) Board authorize staff to waive the County's purchasing policy for competitive selection and execute a standard County-Attorney approved contract in the amount of $30,500 for outside legal counsel to assist in the implementation of the Collier County Community Redevelopment Plan and direct staff to prepare a budget amendment for this item. BACKGROUND: On March 14, 2000 the Board of County Commissioners adopted Resolutions 2000-82 and 2000-83 establishing the Collier County Community Redevelopment Agency and identifying two areas within unincorporated Collier County (Bayshore/Gateway Triangle and Immokalee) as areas in need of redevelopment. Resolution 2000-83 declared the Board of County Commissioners to be the Collier County Community Redevelopment Agency (CRA) in accordance with Section 163.357 of the Florida Statutes. The section states that members of the governing body shall be members of the Agency, but such members constitute the head of a legal entity, separate, distinct, and independent from the governing body of the county. Section163.370(1), Florida Statutes states CRAs may enter into such contracts as are necessary to carry out purposes of the Redevelopment Act and Section 163.356 further states the CRA may retain an executive director, staff and legal counsel. On May 23, 2000 the CRA Board approved Resolution 2000-01 adopting the Community Redevelopment Plan and recommending approval of the Plan to the Board of County Commissioners. On June 13, 2000 the Board of County Commissioners adopted the CRA Plan. The CRA Plan identifies four catalyst projects for the Bayshore/Gateway Triangle Redevelopment area to stimulate redevelopment. One of the projects is identified as the "Triangle" - Hotel and Restaurant site, which focuses on the area, bordered by Davis Boulevard, Tamiami Trail and Commercial Drive. The Plan identifies the preparation of a Development Agreement to pursue implementation of this catalyst project. David Cardwell, an attorney with Holland and Knight has provided legal services to the Board of County Commissioners including the preparation of resolutions, review and comment on the Community Redevelopment Plan and guidance in the creation of the Agency. David Cardwell is recognized throughout the state of Florida for his redevelopment experience. The BCC has entered into a contract with his firm for $6,000 AG EN~D~ )T~ ~o. !, ~. ~,.,/ AUG 0 1 2.000 plus expenses ($2500). Services under that contract are nearing completion. Because of his firm's expertise and to provide continuity in our legal services, staff is recommending that the CRA Board waive the County purchasing policy for competitive selection to enter into this contract. CONSIDERATIONS: Given the unique nature of the CRA and its powers. Staff is recommending that the CRA Board consider entering into a standard County-Attorney contract with Holland and Knight for the following services: Task 1: Unlimited legal consultation to the Collier County Community Redevelopment Agency for one year to include the following: 1 workshop/seminar for the client at location preferred by client 2 meetings with the client at the client's place of business for consultation, called by the client. · Unlimited telephone calls or e-mails to request advice or direction on CRA Plan implementation · alerts County of new developments in the law of redevelopment that could affect the CRA · provides newsletter regarding redevelopment · legislative monitoring of bills or actions by DCA or other state departments that could adversely affect the client · assistance with implementation of the redevelopment plan. Fee: $10,000 Task 2 - Assistance with the Gateway Triangle Redevelopment Project · Preparation of "Invitation to Receive Proposals for Redevelopment and Disposition of Property"within the "Triangle" to be published in local newspaper. The CRA Board is required to approve the project and the process prior to it proceeding. · Review of proposal(s) submitted for compliance with notice and redevelopment plan. · Preparation of CRA letter to selected developer notifying him/her of selection subject to negotiation and approval of definitive development agreement.Also include language regarding payment of negotiation fee · Preparation of initial draft development agreement and review · Participation in negotiation of development agreement and preparation of revised versions of agreement. · Presentation of final version of development agreement for approval by the CRA Board after it has been approved and signed by the developer. · Available for inquiries as development agreement is implemented regarding interpretation and application of agreement provisions. · Prepare an interlocal agreement between the Board of County Commissioners and the CRA for any project development requirements. Fee: $16,500 AUG 0 1 2.000 Additional services may be needed in the event difficulties arise in negotiations or opposition from others occurs. The developer that is selected can be charged a negotiation fee to recoup some of these expenses. Travel and reimbursable expenses shall not exceed $4,000. Total Contract: $30,500 FISCAL IMPACT: Sufficient funds were available in this year's budget to cover the costs for implementing this project. However, not anticipated was an additional $50,000 commitment from this budget to the Dover Kohl contract to develop the Community Character Plan. This commitment resulted in insufficient funds for the remainder of this fiscal year to initiate steps to implement this phase of the redevelopment program. Staff is recommending a budget amendment from MSTD General Fund (111) reserves. GROWTH MANAGEMENT IMPACT: The Collier County Community Redevelopment Plan was found to be consistent with the Collier County Growth Management Plan. RECOMMENDATION: That the Collier County Community Redevelopment Agency waive the County purchasing policy for competitive selection because of Holland and Knight's expertise in redevelopment and to provide continuity in legal services and authorize staff to prepare a standard county- attorney contract for $30,500 with Holland and Knight and direct staff to prepare a budget amendment. PREPARED BY: __ ~-~,. ~ , ~,./ ~ DEBRAH PRESTON, AICP CHIEF PLANNER COMPREHENSIVE PLANNING SECTION luly 25, 2000 DATE REVIEWED BY: _.~ - STAN LITSINGER, AICP COMPREHENSIVE PLANNING MANAGER R6BE-~T J. MULHERE, AICP PLANNING SERVICES DEPARTMENT DIRECTOR DATE ~--' 2. s'"' - ,-~/ DATE AUG 0 1 2000 APPROVE.~Y:....~ ViNC E~,/T/~~T~R~>~/'//A i~~~--~ ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SERVICES AGEND~JTE~'~ # -- AUG 0 1 ~000 EXECUTIVE SUMMARY PETITION PUD-2000-09 BRAD HEDRICH, P.E. OF HEDRICH ENGINEERING INC., REPRESENTING MERIDIAN LAND CO. REQUESTING A REZONING FOR PROPERTY CURRENTLY ZONED "A" RURAL AGRICULTURAL, "RSF-3" RESIDENTIAL SINGLE FAMILY AND "ST" OVERLAY TO "PUD" PLANNED UNIT DEVELOPMENT TO BE KNOWN AS MADEIRA PUD FOR A MAXIMUM OF 438 RESIDENTIAL DWELLING UNITS FOR PROPERTY LOCATED ON THE WEST SIDE OF LIVINGSTON ROAD, APPROXIMATELY 3/4 MILES NORTH OF IMMOKALEEE ROAD (C.R. 846), IN SECTIONS 13 AND 24, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 145.93 +/- ACRES. OBJECTIVE: The petitioner seeks to have land described herein rezoned from its current zoning designation of "A" Agricultural, "RSF-3" Residential Single Family and "ST" Special Treatment Overlay to "PUD" Planned Unit Development for the purposes of developing a residential development on 145.93 +/- acres, providing for development tracts consisting of detached single family and attached single family development areas, a community recreation area, preserve and lake areas and street right-&way. CONSIDERATIONS: ,e applicant proposes to develop the property for a maximum of 438 single family and multi-family dwelling units at a density of 3 dwelling units per acre. The project will include a recreation tract that when developed will provide for active recreational facilities for the residents. In addition to the recreation center, other amenities will be provided on-site including an extensive interconnected lake system and nature and wetland preserves. Access to Madeira PUD will be provided from the Livingston Road extension, just north of Immokalee Road. The site is located on the north side oflmmokalee Road west of the intersection ofi-75 and Immokalee Road, just north of Willoughby Acres and east of Imperial Golf Course Estates within the Mixed Use Urban Residential land use classification as shown on the Future Land Use Map. This petition purports to rezone this site from Agricultural, RSF-3 and ST overlay to PUD to allow single family and duplex development consistent with the Urban Residential Subdistrict as described in the' Future Land Use Element of the Growth Management Plan. Approximately 85.15 acres of the site will be developed for residential land uses and 51 acres of the site will be used for lakes and preserve areas. PROS: The proposed density is consistent with the Density Rating System of the Future Land Use Element that allows for a maximum density of 4 dwelling units per acre. Surrounding properties to the south and west are developed with similar types of dwelling units at comparable densities. Interconnection to the subject project may produce traffic volumes and a roadway function that necessitate the designation of ._E.Euclid Avenue as a County collector. This likely will necessitate roadway improvement to bring the ad up to collector standards which may reduce some of the safety concerns of the neighboring ,esidents. The existing portion of Euclid Avenue provides direct access to approximately three single A~A ITEM AUG o 1 2000 ~'nily dwelling units. The majority of homes adjacent to Euclid Avenue take their driveway access ~m intersecting side streets. CONS: The proposed project is located at the northern terminus of Euclid Avenue a local, public street located within the Willoughby Acres subdivision. Euclid Avenue, although a local road, currently functions as collector road which provides the only means of access out of the subdivision, to Immokalee Road to the south for over 600 dwelling units. Development of the subject site proposes connection to Livingston Road, but does not propose an interconnection to Euclid Avenue. The proposed development will be gated and will provide one means of ingress and egress from Livingston Road. Willoughby Acres residents are concerned over the current volume of traffic and driving speeds on Euclid Avenue. Requiring an interconnection of the subject project to Euclid Avenue will likely exacerbate those conditions. The lack of interconnection between projects will fail to provide the residents of Willoughby Acres direct access north and the future residents of the subject site, direct access south. CONSIDERATIONS: In consideration of the adopted policies contained in the Traffic Circulation Element which recommend interconnection between projects, and in light of the Board's recent action to expedite planned road improvements to address the public's traffic concerns and traffic problems on the County's arterial roadway network, it is staff's opinion that the Board should give serious consideration to requiring the extension of Euclid Avenue through the subject property to Livingston Road, as a public road. While ~":s will not allow the developer a private means of ingress and egress to the subject site from zingston Road, it will not prohibit the developer from creating private cul-de-sacs or roads within the development by gating off of the main road. Development Standards - The proposed development standards for the project are similar to the residential district zoning standards which most closely characterizes the uses authorized by this district. Building heights for all structures on site are limited to 35 feet, which is comparable to the existing development on properties abutting the site to the west and south. FISCAL IMPACT: This PUD 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 will result in 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 this project: AUG 0 1 2000 !~g, ~- · Park Impact Fee: · Library Impact Fee: · Fire Impact Fee: · School Impact Fee: · Road Impact Fee: · Radon Impact Fee: · EMS Impact Fee: · Building Code Adm.: · Micro Film Surcharge: $578.00 per unit $180.52 per unit $0.15 per square feet of building $827 per unit $890 per unit $0.005 per square foot of building $2 per unit $0.005 per square foot of building $1.50 per unit For an average unit size of 1,000 square feet, the total fiscal impact will be $2,639.02 per unit. Since this project proposes 438 units, the total amount of residential impact fees collected at build-out will total $1,155,890.00. It should be noted that because impact fees vary by housing type and because 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. At this point in time a model has not been developed to arrive at a reasonable estimate of tax revenue based on ad valorem tax rates. GROWTH MANAGEMENT IMPACT: The approval of this rezoning request will not affect or change the requirements of the Growth Management Plan. The project is located in the Mixed Use Urban Residential subdistrict where development at urban densities is encouraged. The rezoning request is consistent with the applicable elements of the Growth Management Plan and will not have a negative impact on adopted level of service standards. The projected density of 3 dwelling units per acre is consistent with the density rating system contained in the FLUE. The majority of the site (approximately 100 acres) is presently zoned RSF-3, which allows single family residential development at 3 dwelling units per acres. Traffic: The ITE Trip Generation Manual (5th Edition) indicates that the proposed project will generated 4,192 Average Weekday Trips, with 442 trips in the PM peak hour. The subject site's generated traffic exceeds the significance test standard (5 percent of the LOS "C" design volume) on Livingston Road after trip adjustments and assignments are made. However, the site generated trips will not create a concurrency problem because the project trips do not lower the overall road capacity below any adopted LOS "D" standard. Furthermore, the site-generated trips will not exceed the significance test standard for any segment of Immokalee Road, therefore the project is consistent with Policy 5.1 and 5.2 of the Traffic AUG 0 I 2000 ~"~culation Element (TCE). The TCE lists CR-846 as a 4-lane arterial road from CR-31 to 1-75 with OS "D" as the minimum standard. The current traffic count for this road is 30, 879 PSDT and is operating at LOS "A". It should be noted that this segment is projected to be deficient by 2005. The current traffic count for CR-846 from US-41 to CR-31 is 31,463 and is operating at LOS "D". This segment is projected to be deficient in 2000. However, this segment has been scheduled for improvement to a 6-lane facility by 2001. As a result, this petition complies with Policies 1.3 and 1.4 of the TCE. Interconnection of projects wherever possible is encouraged by the Traffic Circulation Element of the Growth Management Plan. From a traffic circulation standpoint inte..r.connections both south and west stand to benefit the residents of the subject site by providing an alternative access to Immokalee Road and direct access west to U.S. 41. Since the majority of the property abutting the site to the west is presently developed, interconnection to the west may be difficult to achieve however, such an interconnection will provide residents abutting the subject site to the west (Imperial Golf Course) direct access east to Livingston Road and Immokalee Road. They currently only have one access point onto U.S. 41 and no direct access to the east. Within the Imperial development there is an existing road stub- out off of the easternmost portion of Imperial Golf Course Drive. The possibility exists to extend that stub-out to the north then east, parallel to the subject property's northern property boundary until it intersects with Livingston Road. This may necessitate the dedication of land from the subject site and the adjoining site to the north, as well as undeveloped sites east of the subject site. ~'~STORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is 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 is required. The petitioner applied for a wavier from the survey and assessment requirement as permitted by the Land Development Code but the waiver was denied by the Historic and Archaeological Review Board. The petitioner has agreed to provide an assessment and to abide by the recommendations and stipulations from the required survey prior to the issuance of the first development order for the project. ENVIRONMENTAL IMPACTS: A portion of the site contains a slough that runs in a northeast to southwest direction. The slough is a vital part of the North Naples Drainage Network and the Department of Environmental Protection and the Corps of Engineers closely monitors construction along the slough. Approximately 50.99 acres, or 62 percent of the total 81.77 acres of jurisdictional wetland will be impacted by this project. The wetlands selected for preservation have the highest potential for restoration and include the majority of the central slough. Mitigation for impacts to jurisdictional wetlands proposed by the petitioner include exotic vegetation removal and hydroperiod enhancement within the slough. Off-site mitigation is also proposed. In addition to the on-site enhancement activities, the applicant proposes to purchase approximately 29 credits in the Panther Island Mitigation Bank. In accordance with the Land ~D. evelopment Code Regulations, 31.70 acres of native vegetation preservation has been determined to ,required within the PUD. Fourteen gopher tortoise burrows were found in a survey conducted at 50 percent to 70 percent visual coverage. This indicates that a maximum of 28 burrows may exist on site. The estimated tortoise population is ten individuals. Uplands targeted for preservation on the project site may be used for the relocation of gopher tortoises. PLANNING SERVICES STAFF RECOMMENDATION: At the Planning Commission hearing held on July 20, 2000, staff forwarded the following stipulations to their recommendation for approval: Staff recommends that Collier County Planning Commission recommend approval of Petition PUD- 2000-09 Madeira PUD to the Board of County Commissioners, subject to the following stipulations: Amend the following sections of the PUD document to read as follows: Remove C. under Section 6.5 under the heading 3.2.8.3.17.. Reason: The Land Development Code requires sidewalks on both sides of the street at least five (5) feet in width. 2. The PUD Master Plan shall be amended to show an interconnection to the abutting property to the south at Euclid Avenue or Lakeland Avenue. The PUD Master Plan shall be clarified to indicate that access to the site from Livingston Road, as proposed shall be limited to right-in, right-out, unless otherwise approved by the Transportation Services Director. 4. Add Section D. Under 6.5: All construction traffic for development of the project shall access the site from Livingston Road. 5. The PUD Master Plan shall be amended to show a future vehicular and pedestrian interconnection to the abutting property to the north. 6. The petitioner shall obtain a surface water management permit from the South Florida Water Management District prior to any site development plan approval. The developer shall obtain a letter from the Collier County Director of Stormwater Management stating that the drainage system conforms to local drainage or basin studies being conducted by that department. This letter shall be obtained prior to applying for any Site Development Plan. 8. Necessary permits from the Department of Environmental Protection and the U.S. Army Corps of Engineers shall be obtained prior to starting construction. AUG 0 1 2000 o Section 6.10(A) of the PUD document shall be amended to read: In accordance with 3.9.5.5.3. of the Collier County Land Development Code, twenty five percent (31.70 acres) of the viable naturally functioning native vegetation on site shall be retained. At the time of the next development order submittal, the petitioner shall identify, in its entirety, areas of native vegetation to be retained and/or areas of landscaping and open space to be planted with 100 percent native species, to satisfy this requirement. 10. Add the following language to Table I in section 3.4 of the PUD document: The location of structures proposed adjacent to Preserve areas shall be subject to the provisions of Section 3.2.8.4.7.3. of the Land Development Code. Principal structures shall have a minimum 25-foot setback from wetland preserves. Accessory structures shall have a minimum 1 O-foot setback from wetland preserves. After further consideration of the petition and examination of the road network and traffic circulation in the area, staff proposes the following amended stipulation: #2: The PUD Master Plan shall be revised to provided interconnection between the subject site to Euclid Avenue. Euclid Avenue shall not be gated, shall function as a public road, and shall provide direct access to Livingston Road. RECOMMENDATION: At a meeting held on July 12, 2000, a motion was made for denial of the petition. The motion failed due to a lack of 5 affirmative votes; the vote was 4-1 to deny the petition, therefore, no official recommendation can be forwarded to the Board of County Commissioners. The EAC member who made the motion to deny the petition did so because he felt that the project does not attempt to avoid sufficient wetlands areas. Concerns were also voiced over the South Florida Water Management District's preliminary comments on the petitioner's application for permits. PLANNING COMMISSION RECOMMENDATION: According to the Collier County Department of Parks and Recreation there is a need for a one-acre neighborhood park in the North Naples/Willoughby Acres subdivision area. The property owner and Planning staff were notified of this need just prior to the Planning Commission's Public Hearing and an ensuing discussion occurred at the Planning Commission hearing. At the hearing, the petitioner's agent indicated that he would be willing to discuss the possibility of siting a park within the development with the Director of the Parks and Recreation Department, but could not make a commitment to that effect at this time. At a hearing held on July 20, 2000, the Collier County Planning Commission voted 5-1 to forward the petition to the Board of County Commissioners with a recommendation for approval with all of the r ~tt~o, rementioned staff stipulations with the following changes to staff stipulation #2: AUG 0 1 2000 pg. ~ The interconnection between projects shall be required where the subject project abuts undeveloped projects. There shall be an interconnection to Euclid Avenue that shall function as a secondary, emergency access only. And the following additional stipulation: The developer shall provide an appropriate vegetative landscape buffer between the subject site and developed properties abutting the subject site at the time of development of roads or lots which abut dwelling units on adjacent projects. This petition is not on the summary agenda due to the EAC taking no action on the petition, as well as the presence of members of the public objecting to the petition. PREPARED BY: -. SUSAN MURRAY, AICP J -- CHIEF PLANNER DATE REVIEWED BY: CURRENT PLANNING SECTION DATE .)BERT J. MULHERE, AICP, DIRECTOR PLANNING SERVICES DATE APPROVED BYe, _ VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEVELOPMENT & ENVIRONMENTAL SVCS. Petition Number: PUD-2000-09 Madeira PUD This petition has been tentatively scheduled for the August 1, 2000 Board of County Commissioners Public Hearing. 22 AGENDA ITEM AUG 0 1 2000 MEMORANDUM TO: FROM: COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION DATE: JUNE 26, 2000 RE: PETITION NO: OWNER/AGENT: PUD-2000-09 MADEIRA PUD Agent: Owner: Mr. Brad Hedrich, P.E. Hedrich Engineering 10911 Bonita Beach Road Bonita Springs, FL 34135 Meridian Land Corporation 10001 Tamiami Trail North Naples, FL 34108 REQUESTED ACTION: The petitioner seeks to have land described herein rezoned from its current zoning designation of "A" Agricultural, "RSF-3" Residential Single Family and "ST" Special Treatment Overlay to "PUD" Planned Unit Development for the purposes of developing a residential development on 145.93 +/- acres, providing for development tracts consisting of detached single family and attached single family development areas, a community recreation area, preserve and lake areas and street fight-of way. GEOGRAPHIC LOCATION: The subject site is located within Sections 13 and 14, Township 48 South, Range 25 East, approximately 1.25 miles north oflmmokalee Road, and 1 mile east ofi-75, on the north side of Immokalee Road. 1 AUG 0 1 2000 PURPOSE/DESCRIPTION OF PROJECT: The applicant proposes to develop the property for a maximum of 438 single family, zero lot line and two-family attached dwelling units at a density of 3 dwelling units per acre. The project will include a central recreation center that will provide for active recreational facilities for the residents. Access to Madeira PUD will be provided from the future Livingston Road, just north of Immokalee Road. SURROUNDING LAND USE AND ZONING: Existing: A portion of the subject property is heavily vegetated. The site presently has a Rural Agricultural (A) zoning, a Residential Single Family (RSF-3) zoning, and a ST overaly. Surrounding: North - Rural Agricultural (A); future Royal Palm Academy South -RSF-3; Residential Single family East - PUD & A; MF & SF Residential and vacant West - RSF-3 and PUD; Single Family Residential GROWTH MANAGEMENT PLAN CONSISTENCY: The subject property is located in the Urban Mixed-Use Residential Land Use classification as designated area on the County's Future Land Use Map. Urban Residential Mixed Use is inclusive of a variety of residential land uses including single family, multi-family, duplex, mobile home and mixed use (Planned Unit Development). The subject petition is for a residential PUD, for single family, zero lot line and attached single family development, which are authorized uses of land in the urban residentially designated area of the Future Land Use Element (FLUE), therefore, it is consistent with the FLUE. Consistency with other applicable elements of the Growth Management Plan (GMP) is as follows: Land Use Residential Density: The projected density of 3 dwelling units per acre is consistent with the density rating system contained in the FLUE and is based on the following relationships to the required criteria: Base Density +4 dwelling units/acre 2 AUG 0 1 2000 Traffic Circulation Element - Staff has reviewed the applicant's Traffic Impact Statement (TIS). The ITE Trip Generation Manual (5'h Edition) indicates that the proposed project will generated 4,192 Average Weekday Trips, with 442 trips in the PM peak hour. The subject site's generated traffic exceeds the significance test standard (5 percent of the LOS "C" design volume) on Livingston Road after trip adjustments and assignments are made. However, the site generated trips will not create a concurrency problem because the project trips do not lower the overall road capacity below any adopted LOS "D" standard. Furthermore, the site-generated trips will not exceed the significance test standard for any segment of Immokalee Road, therefore the project is consistent with Policy 5.1 and 5.2 of the Traffic Circulation Element (TCE). The TCE lists CR-846 as a 4-lane arterial road from CR-31 to 1-75 with LOS "D" as the minimum standard. The current traffic count for this road is 30,879 PSDT and is operating at LOS "A". It should be noted that this segment is projected to be deficient by 2005. The current traffic count for CR-846 from US-41 to CR-31 is 31,463 and is operating at LOS "D". This segment is projected to be deficient in 2000. However, this segment has been scheduled for improvement to a 6-lane facility by 2001. As a result, this petition complies with Policies 1.3 and 1.4 of the TCE. Interconnection of projects wherever possible is encouraged by the Traffic Circulation Element of the Growth Management Plan. Interconnection at this site with the neighboring property to the south is possible and from a traffic circulation standpoint stands to benefit the residents of the subject site by providing an alternative access to Immokalee Road through the Willoughby Acres subdivision. The opportunity to interconnect to the project to the west should be considered. It should be noted that an interconnection to the west would provide an opportunity for residents of both the subject property and the development to the west to establish a secondary access point. The Imperial Golf Course development to the west currently has a single point of ingress and egress onto U.S. 41. Interconnecting with the subject site would allow residents from this project a direct route to the east, reducing traffic volumes at the U.S. 41/Imperial Golf Course Boulevard intersection. It will also provide residents of this development a direct connection in an easterly direction to Livingston Road, Immokalee Road and 1-75, therefore reducing traffic impacts on the County's Arterial and Collector roadway system. Other Applicable Element (s) - Other applicable elements are those typically evaluated at the time of subsequent development approvals, and generally deal with infrastructure. To the extent that improvements to infrastructure and/or the extension of available public utilities is required, these will be mandated at the time of approval of the required site development plan and/or subdividing if necessary. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff,s analysis indicates that the petitioner's property is located within an area of historical and archaeological probability as referenced on the official Collier County Probability Ma~. _ .... AUG 0 1 2000 3 Therefore, an Historical/Archaeological Survey and Assessment is required. The petitioner applied for a wavier from the survey and assessment requirement as permitted by the Land Development Code but the waiver was denied by the Historic and Archaeological Review Board. The petitioner has agreed to provide an assessment and to abide by the recommendations and stipulations from the required survey prior to the issuance of the first development order for the project. EVALUATION FOR ENVIRONMENTAL, TRANSPORTATION AND INFRASTRUCTURE: The appropriate staff responsible for the above referenced areas of critical concern has reviewed the subject petition. This primarily includes a review by the Community Development Environmental and Engineering staff, and the Transportation Services Division staff. This petition was heard by the EAB and staff recommended approval subject to conditions, which have been incorporated into the attached ordinance. 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 impacts 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 Board of County Commissioners. 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 appointed and elected 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 Growth Management Plan 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. 4 AUG O 12000 Notwithstanding the above, staff in reviewing the determinants for adequate findings to support a rezoning action advise 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 planning, refers to the relationship of the proposed zoning action to the Future Land Use Element of the Collier County Growth Management Plan. The site is located within the Urban Residential Mixed use subdistrict future land use classification as depicted on the Future Land Use Map of the County's Growth Management Plan. A portion of the site contains a slough that runs in a northeast to southwest direction. The slough is a vital part of the North Naples Drainage Network and construction along the slough is closely monitored by the Department of Environmental Protection and the Corps of Engineers. There are cleared areas of the site located along the north end and along the FPL easement on the east side of the property. The PUD Master Plan indicates the proposed development plan for the 145.93-acre site is for single family development with customary accessory uses such as common recreational facilities and open space. Residential development on the site is planned to occur within approximately nine (9) development tracts throughout the site surrounding a lake and a vegetated preserve area. The residential development areas are primarily located along the boundaries of the site, and internal to the site surrounding the lake. There are two parcels interior to the site which are not part of this rezoning. The Master Plan indicates access will be provided to those parcels as part of the development. The preserve area is located adjacent to Livingston Road and runs northwest across the site to the southwest comer. The maximum building height is limited to 35 feet for all structures on site. Access to the site is proposed from the future Livingston Road extension. On-site circulation functions primarily in an east to west direction, with scattered cul-de-sacs throughout the development. There is a 125-foot wide FPL easement which abuts the eastern boundary of the property, parallel to the future Livingston Road extension. With respect to compatibility issues, staff is of the opinion that the subject petition is consistent with the Collier County Growth Management Plan and is therefore compatible with other approved Planned Unit Developments and residential developments within the area. Traffic: Staff has reviewed the applicant's Traffic Impact Statement (TIS). The ITE Trip Generation Manual (5'h Edition) indicates that the proposed project will generated 4,192 Average Weekday Trips, with 442 trips in the PM peak hour. The subject site's generated traffic exceeds the significance test standard (5 percent of the LOS "C" design volume) on Livingston Road after trip adjustments and assignments are made. However, the site generated trips will not create a concurrency problem because the project trips do not lower the overall road capacity below any adopted LOS "D" standard. Furthermore, the site-generated trips will not exceed the significance test standard for any segment of Immokalee Road, therefore the project is consistent with Policy 5.1 and 5.2 of the Traffic Circulation Element (TCE). The TCE lists CR-846 as a 4-1a ~& art~ rfr~ AUG 0 1 2000 road from CR-31 to 1-75 with LOS "D" as the minimum standard. The current traffic count for this road is 30, 879 PSDT and is operating at LOS "A". It should be noted that this segment is projected to be deficient by 2005. The current traffic count for CR-846 from US-41 to CR-31 is 31,463 and is operating at LOS "D". This segment is projected to be deficient in 2000. However, this segment has been scheduled for improvement to a 6-lane facility by 2001. As a result, this petition complies with Policies 1.3 and 1.4 of the TCE. Interconnection of projects wherever possible is encouraged by the Traffic Circulation Element of the Growth Management Plan. Interconnection at this site with the neighboring property to the south and west is possible. From a traffic circulation standpoint interconnections both south and west stand to benefit the residents of the subject site by providing an alternative access to Immokalee Road and direct access west to U.S. 41. An interconnection to the west may be difficult to achieve, however, will provide residents abutting the subject site to the west direct access east to Livingston Road and Immokalee Road. Other Applicable Element (s) - Other applicable elements are those typically evaluated at the time of subsequent development approvals, and generally deal with infrastructure. To the extent that improvements to infrastructure and/or the extension of available public utilities is required, these will be mandated at the time of issuance of the first development order. The final geometry and design of the access will be reviewed at the time of Preliminary Site Development Plan (SDP) and/or Preliminary Subdivision Plat (PSP) review and shall be consistent with the County's Access Management Plan and other applicable regulations. The GMP consistency review indicates that approval of this petition is consistent with policies of the TCE. Utility Infrastructure: A full range of services and utilities provided by Collier County will serve the project Site. All development must comply with surface water management requirements invoked at the time of site development plan approval. Community Infrastructure and Services: The project site is located 1.25 miles west of the Activity Center located at Immokalee Road and 1-75. The subject property has convenient access to a wide range of community infrastructure, which is enhanced by its proximity to the aforementioned activity center. Shopping centers, business offices and medical offices are all or in the future will be within a short driving distance. Summary: Based on the above analysis, the following conclusions can be reached from the staffr~ 6 AUG 0 1 2000 1. The proposed rezoning of the subject property from Agricultural and RSF-3 to PUD, and the PUD development strategy for single family residential development and related facilities is consistent with the FLUE of the GMP. 2. The proposed density of development and development regulations are consistent with those authorized in the GMP's density rating system for projects located in the Urban Mixed Use Future Land Use classification. 3. All other pertinent elements of the GMP were reviewed and the methods for achieving consistency are made a part of the PUD regulations or otherwise achieved by the PUD Master Plan. 4. Findings related to the application to rezone to PUD and the development standards specified in the PUD document and Master Plan support a recommendation of approval and compatibility with adjacent land uses at a density of 3 dwelling units per acre. Commercial development within the nearby Activity Center will provide convenient commercial opportunities to the residents of this development. STAFF RECOMMENDATION: Staff recommends that Collier County Planning Commission recommend approval of Petition PUD-2000-09, Madeira PUD with the following stipulations: Amend the following sections of the PUD document to read as follows: Remove C. under Section 6.5 under the heading 3.2.8.3.17.. Reason: The Land Development Code requires sidewalks on both sides of the street at least five (5) feet in width. The PUD Master Plan shall be amended to show an interconnection to the abutting property to the south at Euclid Avenue or Lakeland Avenue. The PUD Master Plan shall be clad fled to indicate that access to the site as proposed shall be limited to right-in, right-out, unless otherwise approved by the Transportation Services Director. o 6.5 Add Section D.: All construction traffic for development of the project shall access the site from Livingston Road. The PUD Master Plan shall be amended to show a future interconnection to the abutting property to the north. 7 Ine.,ra~A rrr~ AUG 01 2000 PREPARED BY: CHIEF PLANNER DATE REVIEWED BY: NINO, AICP CURRENT PLANNING MANAGER '7/ /700D DATE APPRO~ BY: DATE VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. & ENVIRONMENTAL SVCS. DIV. DATE Petition Number: PUD-2000-09 Staff Report for July 20, 2000 CCPC Meeting NOTE: This Petition has been tentatively scheduled for the August 1, 2000 BCC meeting. COLLIER COUNTY PLANNING COMMISSION: RUSSELL A. BUDD, CHAIRPERSON 8 2000 1_'7' REZONE FINDINGS FOR PETITION PUD # 2000-09 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: 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. Pro/Con: Evaluation not applicable. Summary Findings: The proposed development is in compliance with the goals, objectives and policies of the Future Land Use Element of the Growth Management Plan for Collier County, and all other elements, their objectives and policies. 2. The existing land use pattern; Pro/Con: Evaluation not applicable. Summary Findines: Existing: A portion of the subject property is heavily vegetated. The site presently has a Rural Agricultural (A) zoning, a Residential Single Family (RSF-3) zoning, and an ST overlay. Surrounding: North - Rural Agricultural (A); future Royal Palm Academy South - RSF-3; Residential Single family and vacant East - RSF-3 & A; MF & SF Residential and vacant West - PUD and A; MF & SF Residential The current Agricultural "A" zoning designation allows for development of single family residential dwelling units at a density of one (1) dwelling unit per five (5) acres. Surrounding the subject site to the south and east exists single family and multiple family residential development generally developed at densities of 3 dwelling units per acre. 3. The possibility creating of an isolated district unrelated to adjacent and nearby districts; Pro/Con: Evaluation not applicable. 9 AUG 0 1 2000 Summary Findines: The site is adjacent to residential development to the south, east and west. The proximity to adjacent developments justifies a rezoning action to PUD for residential purposes. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Pro/Con: Evaluation not applicable. Summary Findines: The district boundaries are logically drawn. They allow for the preservation of existing environmentally sensitive land on site. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. Pro/Con: Evaluation not applicable. Summary Findings: The proposed change is appropriately based on the existing conditions of the property and because it is consistent with the Future Land Use Element of the Collier County Growth Management Plan. 6. Whether the proposed change will adversely influence living conditions in the neighborhood; Pro: The proposed rezoning is a logical extension of the similarly zoned parcels to the south, east and west. Con: None. Summary Findines: The proposed zoning amendment will not adversely affect living conditions in the neighborhood due to the similar nature of the surrounding development. 7. 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) The proposed development of the subject property is consistent with the majority of the provisions of the Traffic Circulation Element of the Growth Management Plan, therefore the additional traffic generated by the proposed development should not adversely affect the level of service standards on adjacent public roads. Con.'. The Traffic Circulation Element encourages interconnection between projecl Master Plan layout provides a single point of ingress and egress off of the future Lix 10 ;. T~ iw.~ ngs~4h--~- AU( o 12000 Road extension. The subject site abuts residentially zoned properties to the west and south. There is a platted right-of-way (Euclid Avenue) abutting the site to the south, which provides the opportunity for an interconnection and a secondary access, point. This will provide residents of the subject development a secondary means of ingress and egress to Immokalee Road, and will reduce traffic impacts to Livingston Road. The petitioner should also consider the possibility of interconnection to the abutting property to the west (Imperial Golf Course). This could provide a secondary means of access to those residents of that development as well as provide access to U.S. 41 to the west. Summar, Findines: The Traffic Circulation Element of the County's Growth Management Plan encourages interconnection between projects. The proposed layout of the site suggests the feasibility of providing interconnection between the subject site and projects abutting to the west and south. This will provide residents of the subject development a secondary means of ingress and egress to Immokalee Road, and will reduce traffic impacts to Livingston Road. Staff has crafted stipulations, which encourage the interconnection between projects. 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. In the final analysis all projects are subject to the Concurrency Management system. 8. Whether the proposed change will create a drainage problem; Pro: Water management improvements to accommodate site development are designed to accommodate the normal drainage requirement. Con: Urban intensification always poses a threat for area-wide flooding under the most severe rainfall event, unless countywide drainage improvements are made commensurate with urban intensification. This site is particularly vulnerable because of an existing flow way through the site, which accommodates water flow from the north to the west, across the site. 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. The County's Stormwater Management Director reviewed the proposed project, and his recommendations have been incorporated into the PUD document. In the event area-wide deficiencies develop, which deficiencies would be further exacerbated by developing vacant land, the County is required to react through its Concurrency Management system. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; Pro/Con: Evaluation not applicable. Summary Findings: All projects in Collier County are subject to the development st that are unique to the zoning district in which it is located. These development standa 11 rds a~tg)rr~( AUG 0 1 2000 other 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. 10. Whether the proposed change will adversely affect property values in the adjacent area; Pro: Urban intensification typically increases the value of adjacent vacant or underutilized land. Con: None. Summary Findines: 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 many 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. 11. 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: Application of the development standards found in the Land Development Code combined with the administrative site development plan approval process, should give reasonable assurance that the proposed change in zoning will not deter the future improvement or development of adjacent property. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; Pro/Con: Evaluation not applicable. Summary Findines: Since consistency with the Future Land Use Element as part of the County's Growth Management Plan is deemed to be in the public's interest, and because the proposed rezoning action and subsequent development complies with the Growth Management Plan, then the proposal can be deemed not to constitute a special privilege and in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; Pro/Con: Evaluation not applicable. 12 AUG 0 1 2000 Summary Findinl~s: The subject property is not undevelopable under its current zoning designation. Surrounding properties south and west of the site are already developed with land uses, which are similarly intensive. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; Pro/Con: Evaluation not applicable. Summary Findings: The proposed development complies w. ith the Future Land Use Element of the County's Growth Management Plan, a policy statement which has evaluated the scale, density and intensity of land uses deemed to be acceptable for this site. 15. Whether it is 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 Findines: This is a special purpose petition, which involves establishing a density not otherwise available in an existing Agricultural zoning district. 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. Pro/Con: Evaluation not applicable. Summary Findings: The extent of site alteration will be determined as a function of obtaining Site Development Plan approval that will be necessary to execute the PUD's development strategy. 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 as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. Pro/Con: Application not applicable. Summary_ Findings: Sanitary sewers and municipal water utilities are available to serve the development. Review by jurisdictional staff for consistency evaluation with GMP required levels of service advise that there is no deficiency. 13 AUG 0 1 2000 FINDINGS FOR PUD PUD-2000-09 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 Plan's 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) The subject site is located adjacent to existing residential development to the east, west and south. (ii) The subsequent development of the site will provide a logical extension of residential development consistent with surrounding development. Con: (i) The neighboring development to the south (Willoughby Acres) has limited access north. Euclid Avenue and Lakeland Avenue, although local roads, currently function as collector roadways within the development, carrying traffic from approximately 600 single family dwelling units in the area one way, south, to Immokalee Road. Finding: Jurisdictional reviews by County staff support the manner and pattern of development proposed for the subject property with the exception of the proposed means of ingress and egress. Providing an interconnection with Euclid Avenue and public access through the subject to Livingston Road will provide residents of the subject site a secondary means of access for emergency access. It will also provide direct access south to Immokalee Road for residents of the subject site and direct access north to Livingston Road for the existing residents of Willoughby Acres, thereby reducing the number of trips on Immokalee Road and Livingston Road. Otherwise 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 and the CCPC. 14 AUG o 12000 0 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. e Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan. Pro/Con: Evaluation not applicable. Findine: The subject petition has been found consistent with the goals, objectives and policies of the FLUE of the Growth Management Plan. The subject property is designated Mixed Use Urban Residential on the FLUE to the GMP. The petition as proposed by the applicant, is inconsistent with policies found in the Traffic Circulation Element which encourage interconnection between projects. e 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/Con: Evaluation not applicable. Finding: The PUD Master Plan has been designed to optimize internal land use relationships. External relationships are regulated by the Land Development Code to help assure harmonious relationships between projects. e The adequacy of usable open space areas in existence and as proposed to serve the development. Pro/Con: Evaluation not applicable. Finding: The amount of open space set aside by this project is consistent with the provisions of the Land Development Code. 15 AUG 0 1 2000 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. Findins: Timing or sequence of development in light o£ concurrency requirements automatically triggers the mechanism for ensuring that future LOS degradation is not allowed or the LOS deficiency is corrected. See Finding No. 1, also applicable for this finding. The ability of the subject property and of surrounding areas to accommodate expansion. Pro/Con: Evaluation not applicable. Finding: Ability, as applied in this context, implies supporting infrastructure such as wastewater disposal systems, 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. 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. 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 used for similar residential structures. 16 AUG 0 I 2000 ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF JULY 5, 2000 Item V. IlL NAME OF PETITIONER/PROJECT: Petition No.: Petition Name: Applicant/Developer: Engineering Consultant: Environmental Consultant: Planned Unit Development No. PUD-00-09 Madeira PUD Meridian Land Co. Hedrich Engineering, Inc. Abney Environmental LOCATION: The subject property is an undeveloped 145.93 acre parcel located in Section 13 & 24, Township 48 South, Range 25 East, Collier County, Florida. It is bounded on the south by Willoughby Acres, on the west by Palm River Estates and Imperial Golf Estates and on the east by a new section of Livingston Road. DESCRIPTION OF SURROUNDING PROPERTIES: Surrounding properties include a mixture of developed and undeveloped parcels. Those to the north and east are undeveloped with the northern extension of Livingston Road presently under construction. Properties to the south and east are mostly developed. ZONING DESCRIPTION N - A Undeveloped A-ST Undeveloped Wg RSF-3 Mostly Developed RSF-3 Undeveloped A Undeveloped A-ST Undeveloped RSF-3 Mostly Devel, ,qUG o 1 IV. PROJECT DESCRIPTION: VJ Vie The Madeira PUD is a residential community that provides low-density development of single family and two-family attached dwelling units. The project will be a gated access community with internal recreational facilities provided for the use and enjoyment of the residents. The most notable feature of the development is the presence and preservation of a wetland slough that moves through the project. Crossings of the slough are minimized by the proposed plan of development while preserving the natural sheet flow of the slough. The community will consist of up to 438 dwelling units upon completion. GROWTH MANAGEMENT PLAN CONSISTENCY: The Madeira Planned Unit Development (PUD) consists of +/~ 145.93 acres of land located 3/4 mile North of Immokalee Road, immediately west of and adjacent to Livingston Road. The site is located within the Urban Residential Sub-district of the Urban Mixed Use District as identified on the Future Land Use Map. Residential land uses are consistent with the Urban Mixed Use District as identified in the Future Land Use Element of the County's Growth Management Plan. The Urban Residential District allows for a base residential density of 4 units per gross acre. The proposed project density of 3 units per gross acre is in compliance with the Future Land Use Element of the Growth Management Plan. MAJOR ISSUES: Water Management: The Water Management System for this project consists of a series of retention/detention areas and lakes, some interconnected, that provide water quality retention and peak flow attenuation during rainfall events. There is a slough that runs through the site in a northeast to southwest direction. The slough is a vital part of the North Naples Drainage Network and Construction along the slough is closely watched by the Department of Environmental Protection and the Corps of Engineers. The slough continues southwest through Palm River to the Cocohatchee and is readily visible on aerial photographs. Site and offsite discharge is to the slough. Environmental: Site Description: NO. ~ AUG 0 1 2000 Native habitats on the subject property include pine flatwoods, hydric pine flatwoods, cypress, cypress-pine-cabbage palm, wetland forest mixed, live oak, cabbage palm, inland pond and sloughs, and freshwater marsh. The most noticeable feature on site is the wetland slough ("Palm River Slough"), which consists of a number of different FLUCFCS types and runs diagonally across the center of the property from north-east to south-west. Also on site are areas which have been cleared in the past. These cleared areas are located at the north end of the site and along the power-line easement on the east side of the property, and are visible on the aerial photograph located in the Listed Species Report. Four soil types have been identified on the subject property as mapped by the Natural Resources Conservation Service (NRCS). These include Hallandale fine sand (unit 11), Pineda fine sand, limestone substratum (Unit 14), Riviera fine sand, limestone substratum (Unit 18) and Boca, Riviera, limestone substratum, and Copeland fine sands, depressional (Unit 25). Three of these soil types, Unit 14, 18 & 25, are listed as hydric by the NRCS. Seasonal high water (SHW) levels have been set at nine locations in wetlands and range from a high of 13.19 feet NGVD to a low of 11.42 feet NGVD. Each SHW elevation was marked with a nail set in a cypress tree that had lichen and/or moss that typically are used as indicators. At least two trees were used at each location. Locations numbered 1 through 8 were set in the main slough, with number I at the eastern end and number 8 at the western end. See table C-1 on page 24 of the EIS for the results of this study. From the data presented in the table, SHW levels in the slough are about one to two inches above ground elevation. Wetlands: Approximately 50.99 acres, or 62% of the total 81.77 acres of jmisdictional wetlands will be impacted by this project. The wetlands selected for preservation have the highest potential for restoration and include the majority of the central slough. Mitigation for impacts to jurisdictional wetlands proposed by the petitioner include exotic vegetation removal and hydroperiod enhancement within the slough. Off site mitigation is also proposed. Where eradication of exotics results in large areas having a density of native trees and shrubs of less than one per 225 square feet, replanting will be done. Within these areas, native trees and shrubs in three-gallon containers will be planted so that the density of vegetation present in these areas averages one plant per 225 square feet. In areas targeted as herbaceous marsh types, grasses and other low- growing native plants will be installed on one-meter centers, where no groundcover exists after clearing. If the groundcover appears to be sufficient for natural propagation, no herbaceous plantings will be installed. AG ENpA IJ~F.M AUG 0 1 2000 Hydroperiod within the conservation area (Palm River Slough) will be enhanced by design of the water management system. An existing road in the lower slough will be removed and the area vegetated. A control weir will be constructed at the west end of the preserved slough to regulate the discharge of storm water to enhance the local hydroperiod. Improvements will also be made to allow storm water to flow through the electrical power line easement on the east side of the project. In addition to the on-site enhancement activities, the applicant proposes to purchase approximately 29 credits in the Panther Island Mitigation Bank. This number of credits was calculated by use of the Wetland Rapid Assessment Procedure as developed by the South Florida Water Management District (SFWMD). An agreement with owners of the Mitigation Bank is being negotiated. Preservation Requirements: It has been determined from a site visit to the subject property and by reviewing aerial photographs of the area that 116.68 acres of viable native vegetation exist on the subject property. In addition to this, 10.11 acres have been identified as being cleared in the past without a permit from the County. Since a clearing permit was not obtained, this area was included in the native vegetation retention calculations for this project. Given the above, 31.70 acres of native vegetation have been determined to be required within the PUD. To meet this requirement, the petitioner is proposing to preserve 30.78 acres of native vegetation in the central slough/preserve area as identified on the PUD master plan. The additional 0.92 acres of retained native vegetation will be identified at the time of next development order submittal, as stipulated in this staff report. Listed Species: A biological survey for listed species was conducted from January 5 through February 17, 2000 specifically for wildlife species. Additional observations were made during the periods when vegetation types were being mapped and wetland lines were being established. The amount of transect walked exceeded Florida Fish and Wildlife Conservation Commission (FGWCC) guidelines. Fourteen gopher tortoise burrows were found in a survey conducted at 50% to 70% visual coverage in potential tortoise habitat. This indicates that a maximum of 28 burrows may exist on site. The estimated tortoise population is ten individuals. Approximate locations of the observed gopher tortoise burrows are shown on Figure 1 in the Listed Species Report. Uplands targeted for pres~atio~Eup_~J~i NO. on the project site may be used for the relocation of gopher tortoises These"t'ia'~ AUG 0 i 2000 VII. uplands include 1.17 acres of slash pine with saw palmetto understory, 0.86 acres of oak and saw palmetto, and 0.54 acres of cabbage palm with saw palmetto. Enhancements such as removal of Brazilian pepper and thinning of canopy trees will most likely be required in these areas if they are used for tortoise relocation. Off site relocation may be required. No eastern indigo snakes were observed, but this Threatened species is assumed present due to suitable habitat. The eastern indigo snake is a commensal of the gopher tortoise and may become a management issue during wetland permitting review. While no Big Cypress fox squirrels were seen on the project site, leaf nests were observed in three locations, some of which may have been constructed by fox squirrels. The understory and ground cover found on site are generally denser than those preferred by fox squirrels, and more suited by gray squirrels. Plant species that are protected from unauthorized harvest and commercial exploitation by the Florida Department of Agriculture (FDA) under State law have been identified on site. The particular species seen on site are listed in Table 2 of the Listed Species Report. The protection afforded plants listed by the FDA entails restfictions on harvesting or destroying plants found on private lands of another, or public lands, without permission and/or a permit from the FDA. There are no restrictions for landowners, unless the sale of plants is involved. No other evidence of endangered plant or wildlife species that would require special protection or formal permitting by state or federal agencies were observed on site. RECOMMENDATIONS: Staff recommends approval of Planned Unit Development No. PUD-00-09 "Madeira PUD" with the following stipulations: Water Management: The project must obtain a surface water management permit from the SFWMD prior to any site development plan approval. The developer must obtain a letter from Collier County Director of Stormwater Management that the drainage system conforms to any local drainage or Basin studies being done by that department. The letter must be obtained prior to applying for any S.D.P. Necessary permits from other concerned agencies notably U.S.A.C.O.E. must be obtained prior to starting construction. D.E aT!~ENDA ITEM AUG o 1 2000 Environmental: Delete section 6.10(A) from the PUD document and replace it with the following language. In accordance with 3.9.5.5.3 of the Collier County Land Development Code, twenty five percent (31.70 acres) of the viable naturally functioning native vegetation on site shall be retained. At the time of next development order submittal the petitioner shall identify, in its entirety, areas of native vegetation to be retained and/or areas of landscaping and open space to be planted with 100 percent native species, to satisfy this requirement. 2. Add the following language to Table I in section 3.4 of the PUD document. The location of structures proposed adjacent to Preserves, shall be subject to the provisions of section 3.2.8.4.7.3 of the Land Development Code. Principal structures shall have a minimum 25 foot setback from wetland preserves. Accessory structures shall have a minimum 10 foot setback from such preserves. AGENDA. ITEJ~ AUG 0 1 2000 _ PREPARED BY: S~AN CHRZANOWSKI, P.E. SENIOR ENGINEER DATE STEPHEN LENBERGER ENVIRONMENTAL SPECIALIST II REVIEWED BY: //SUSAN MURRAY~ CHIEF PLANNER DATE THOMAS E. KUCK, P.E. ENGINEERING REVIEW MANAGER DAT~ R"ONALD F. NINO, AICP CURRENT PLANNING MANAGER AGENDA iTEM No. ~ AUG o 1 2000 ROBERT J. MULHEP~, AICP PLANNING SERVICES DIRECTOR DATE APPROVED BY: VINCENT A. CAUTERO, AIC>P COMMUNITY DEVELOPMENT ADMINISTRATOR SL/gdh/c: Staff Report DATE SERVICES AUG 0 I 2000 ~,~...3'3 .__Z Petition No.: Commission District: APPLICATION FOR PUBLIC HEARING FOR~..~'~UD.REZONE-q,~..-.. Date Petition t~ece~vea:::~, Plier Assigned: ABOVE TO BE COMPLETED BY STAFF 1. General Information: Name of Applicant(s) Meridian Land Co. Applicant's Mailing Address 10001 Tamiami Trail North City: Naples Applicant's Telephone # 941-593-3100 Name of Agent Brad Hedrich, P.E. Agent's Mailing Address 10911 Bonita Beach Road City Bonita Springs State FI Agent's Telephone # 941-495-5766 State Florida Zip 34108 Fax # 941-593-3150 _ Firm Hedrich Engineering Suite 1021 Zip _34135 Fax # 941-947-4531 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 PUBLIC HEARING FOR PUD REZONE - 10/98 PAGE~ AUG o i 2ooo Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Homeowner Association: Mailing Address na city State ~ Zip Name of Homeowner Association: Mailing Address na City State ~ Zip. Name of Homeowner Association: Mailing Address na City State. Zip Name of Master Association: Mailing Address na City State, Zip Name of Civic Association: na Mailing Address City State ~ Zip o Disclosure of Interest Information: If the property is owned fee simple by an INDWIDUAL, 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 APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 PAGE AUG o 1 2000 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 Meridian Land Co. Tim Kaiser Clay Winfield John Winfield Percentage of Stock President Vice President Executive Vice Pres. Go 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 eo If there is a CONTRACT FOR 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 Address Percentage of Ownership Date of Contract: f. If any contingency clause or contract terms involve additional individuals or officers, if a corporation, partnership, or trust. APPLICATIQN FOR PUBLIC HEARING FOR PUD REZONE - 10/98 PAGE >arties, list all /~O(] o 1 200~ Name and Address go Date subject property acquired ( ) leased ( ):Term of lease ...yrs./mos. If, Petitioner has option to buy, indicate date of option: and date option terminates: , or anticipated closing date 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 proper,ty 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 cngineer's certification or sealed survey may be required. Please see Exhibit 1. Section: Township: Range: Lot: Block: Subdivision: Plat Book Page #:__ Property I.D.#: Metes & Bounds Description: ..,Size of property..:ft. X ft. = Total Sq. Ft. Acres +/- 145.93 Address/general location of subject prope .rty.; _West of Livingston Road, 3/4 Mile North of Immokalee Road. 6. Adiacent zoning and !and use: APPLICATION FOR PUBLIC HEARING FOR PUD lIEZONE - 10/9S PAGE AUG 0 1 2000 Zoning N A S RSF-3 E RSF-3 & A W PUD & A Land use _Royal Palm Academy (future) & vacant land Residential, single family & vacant /viie & SF Residential and vacant MF & SF Residential & vacant 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: Range: Lot: Block: Subdivision: Plat Book Page #:__ Property I.D.#: Metes & Bounds Description: Rezone Request: This application is requesting zoning district(s) to the PUD Present Useof the Property: Vacant a rezone from the (A) and RSF-3 ~ ~T zoning district(s). Proposed Use (or range of uses) of the property:_Residential with on-site amenities for residents Evaluation 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. NO. ~ APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 /lUff', 0 1 2000 Standard Re[one 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. The pro/ect as_further stated in the PUD document in consistent with the Land Development Code. The proposed residential density of 3 units per gross acre is 25% below the allowable base density. 2. The existing land use pattern. Existing land use pattern is mostly vacant with single family use to the South. Two parcels have been incorporated into the proposed land plan and their access improved since the applicant does not have control qf those parcels. The predominant current land use in Vacant and agriculture, but low density residential u~'es are anticipated once the Livingston Road corridor has been open for a period of time. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. The proposed PUD is consistent with the GMP and consistent with or of lesser intensity than existing projects in the surrounding area. W'hether existing district boundaries are illogically drawn in relation to existing conditions on the property for the proposed change. 5. Whether changed or changing conditions make the passage of the proposed amendment (rezone) necessary. The opening of Livingston Road has created access to the site which is primarily the reason for the fezone request at this time. 6. Whether the proposed change will adversely influence living conditions in the neighborhood..No. W'hether 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. No. 8. Whether the proposed change will create a drainage problem. No. In fact the proposed pro/ect will improve the drainage in the surrounding area which has been problematic in the past 9. Whether the proposed change will seriously reduce light and air to adjacent areas. No. APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 10. Whether the proposed change will seriously a.~ct property values in the adjacent area. No. Quality development of this caliber will however over time increase proper_ty values in the surrounding area. -- AGEI~DAJTFM No. ~ ,0 1 2000 PA( '5 6 ~ 16 ._.~q 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. No. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. No. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. Yes. The mix of RSF-3 and Ag. Zoning would create a difficulty in completing a land plan that will protect the natural systems and still allow for low density residential development. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. No .... 15. Whether it is impossible to.find other adequate sites in the county for the proposed use in districts already permitting such use. No, but it is difficult. 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 classiftcation. The properties physical characteristics are such that the only way to ensure the preservation of a critical wetland slough is through a unified development plan through the assemblage of small parcels. This approach greatly reduces the potential alteration of the site. 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 [Code ch. 106, art. II.], as amended The pro/ect will comply with the Collier County Adequate Public Facilities Ordinance. 18. Such other factors, standards, or criteria that the board of county commissioners shall deem important in the protection of the public health, safety, and welfare. PUD Re~one Considerations (£DC Section 2. 7.3.2.5) 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. Again, this pro/ect will utilize a low density development pattern while improving drainage and protecting a valuable wetland slough. and maintenance of such areas and facilities that are not to be provideo at public expense. Findings and recommendations of this type shall be consultation with the county attorney. .4 dequacy 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 or rnaintaOTed n a cl e nD n AY4tg-.~) l PAGE APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 AUG o 1 2000 OF 16 Unified control is evidenced by the deeds and contracts to purchase that are apart of this application. Conformity of the proposed PUD with the goals, objectives and policies of the growth- management plan. As stated previously, this project cpmplies with and furthers the goals and abjectives of_ the GMP. 4. 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. Outside impacts are limited due to the extensive wetlands on site. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. Open Space is in abundance due to the environmental restrictions on the proper(y. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Livingston Road the infi'astructure associated with it will be completed prior to any permits being issued for this p.ro[ect ensuring adequate capacity. The ability of the subject property and of surrounding areas to accommodate expansion. The project proposes connections to existing streets should the Commission wish to require it. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. 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. 10. Previous land use petitions on the subiect properS.: 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 I1. 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. copy of the pre-application meeting notes; APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 PAGE AGENJ~A ~.TEM Ol 2000 bo If this rezone is being requested for a specific use, proviae fifteen (15) copies of a 24" x 36" conceptual site plan [and one reduced 8IA" 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 structure(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, a. An architectural rendering of any proposed structures. b. An Environmental Impact Statement (EIS), as required by Section 3.8. of the Land Development Code (LDC), or a request for waiver if appropriate. 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 and their boundaries. 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.). d. Statement of utility provisions (with all required attachments and sketches); APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 A Traffic Impact Statement (TIS), unless waived at the pre-application meeting; AGEND~.&TEM NO, ~ 0 t 2000 PAGE 9 F 16 A historical and archeological survey or waiver apphcation if property is located within an area of historical or archaeological 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 - 10/98 PAGE AG ENp,,~ .ITEM AUG 0 1 ooo OF L6 PUD REZONE APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET: REQUIREMENTS I # oF NOT I COPIESREQUIRED REQUIRED 1. Completed Application 15 2. Copy of Deed(s) and list identifying Owner(s) and all1 Partners if a Corporation 3. Completed Owner/Agent Affidavit, Notarized 1 4. Pre-application notes/minutes 15 5. Conceptual Site Plans 15 6. Environmental Impact Statement- (ELS) 4 V/ 7. Aerial Photograph - (with habitat areas identified)4 v/ ~ ~.1.3, 8. Completed Utility Provisions Statement (with required4 attachments and sketches) 9. Traffic Impact Statement- (TIS) 4 10. Historical & Archaeological Survey or Waiver 4 Application 11. Copies of State and/or Federal Permits 4 12. Architectural Rendering of Proposed Structure(s) .......4 13. Application Fee and Data Conversion Fee Check shall. be made payable to Collier County Board of Commissioners 14. 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 this petition. Agent/Applicant Signature Date APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 PAGE 16 QUARLES & BRADY LLP VILLAGE BANC 5619 AI"rORNEYS AT LAW OF NAPLES TRUST ACCOUNT ~' Es, FLORIDA 34103 4501 TAMIAMI TRAIL NORTH, STE. 300 April 1 ~000 $******6,150.00 NAPLES, FLORIDA 34103 6.3-1425/670 Date Amount 01 - - - Six Thousand One Hundred Fifty Dollars and Zero Cents - - - Pay To the Order of Board of County Commissioners File No. 31217 Wachowicz ~RIZED SIGNATURE ,'DO 5?. Quarles & Brady LLP Attorneys at Law 4501 Tamiami Trail North, Ste 300 Naples, Florida 34103 Reference Wachowicx_/Meridian Gen. Village Banc of Naples Naples, Florida Check No. 5619 April 11,2000 $*****'6,150.00 Date Amount Pay To the Order of Board of County Commissioners File No. 31217 Wachowicz Wachowicz/Meridian Gen.(960580.31217-LJS) Quarles & Brady LLP Trust Account 501018 NOT NEGOTIABLE DETACH AND RETAIN THIS STUB Check Stub © Pan Pacific Professional Brief Accounting (tm) Quarles & Brady LLP Pay To the Order of Board of County Commissioners Check No. 5619 April 11,2000 $*****'6,150.00 Date Amount Reference G JR 3563 File No. Wachowicz/Meridian Gen. GL Account Dr Cr 1181 Village Bank- Trust 6,150.00 2111 Bank - Trust Liabi... 6150 31217 Wachowicz Wachowicz/Meridian Gen.(960580.31217-LJS) Quades & Brady LLP Village Banc of Naples Trust Account 501018 Marian D. Ryan FILE COPY Authodzed by:I ©Pan Pacific Professional Brief Accl untin~~ Trust Account Check Printed: Apr 11, 2000 1:35 PM / mdr AUG 0 1 2:000 Page No. 1 .__..~_g._~'~__ AFFIDAVIT 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, arm 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 HEDRICH ENGINEFJ~NG, INC. and PLANNING SOLUTIONS INC. to act as our/my representative in any matters regarding this Petition. Typed or Printed Name of Owner Signature of Property Owner Typed or Printed Name of Owner The foregoing instrument was ac, knowled~g. qff before me this ~ ~ day of CX~r t k t~g z ~q by O~V,~., ~ v , rG,._~c~ ~ tgho Js personally known to m~ or has produced as identification. State of Florida County of Collier APPLICATION FOR PUBLIC HEARLNG FOR PUD REZONE - 10/98 (~Notary Public - State of Florida) (Print, Type, or Stamp Commissioned Name of Notary Public) aal~lql::}^_ltEla. o 1 zooo STATEMENT QF I~rFIt.ITY PRQ~rL~IQNS FOR PU'D REZONE REOUEST NAME OF APPLICANT: WINFIELD COMPANIES, INC. MAILING ADDRESS: 10001 TAMIAMI TRAIl. NQRTH NAP~J~.SSTATi~ ~-OamAzip ADDRESS OF SUBJECT PROPERTY (IF AV,AII~BLE): ¥4 Mri,E$ NQRTH OF IMMQKALEE RQAD AND LIVENGSTQN ROAD EXTENSION (SEE BOUNDARY DE$cRn'TION), APPROXIMATELY DH~E(~FLY WE~T OF SURVEY FOR EXACT I.EGAL DESCRIlYHON: Sections: 13 and 24 Township: 28 South Range: Lot: Block: Subdivision: Plat Book Page #: Property LD.#: 2~ E~t Metes & Bounds Description: ~EE BOleTNDARY SURVEY FOR DESCRIFHON. SEE DEEDS FOR OTUF-R INFO~TION. TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): a. COUNTY UT~rTY SYSTEM [~ b. CITY UTII.ITY SYSTEM [~ ~. FRANCUI~ED UTILITY SYSTEM C~ PROVIDE NAME d. PACKAGE TREATMENT PLANT D (GPD capacity) .. SEPTIC SYSTEM [-1 TYPE OF WATER SERVICE TO BE PROVIDED: a. COUNTY UTILITY SYSTEM b. CITY UTII.rrY SYSTEM PROVIDE NAIVIE d. PRIVATE SYSTEM APPLICATION POR PUBLI~ HEABING FOR PUD o o AGENOA LT I~_1~ .... No. ~ AUG o '1 2000 o o 10. 11. 12. TOTAL POPULATION TO BE SERVED: 438 ~/7. f. c,'. PEAK AND AVERAGE DAILY DEMANDS: A. WATER-PEAK 0.27 mgd. AVERAGE DAILY 0.12 med B. SEWER-PEAK 0.27 mgd AVERAGE DAILY 0.12 m~d IF PROPOSING TO BE CONNECTED TO COLIIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: JULY 1~ 2001 . NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of affluent and sludge disposal. ff percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. COLLIER COUNTY UTILrrY 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 dism'bution 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 at time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. ff applicable, the statement shall contain shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. STATEMENT OF AVAIl,ABILITY 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. Utility ProviMon Stubmen* RJM 10/17/97 APPLICATION FOR PUBLIC HEAR~G ]~R PUD ILE,ZONE - 10/98 ^G E N,r'~ JTElyl t UG 0 1 2000 TRAFFIC IMPACT STATEMENT April 10, 2000 VILLAGES OF MADEIRA 145.93 Acre P.U.D. Located in Sections 13 and 24, Township 48 South, Range 25 East Collier County, Florida PREPARED FOR: WINFIELD COMPANIES, INC. 10001 Tamiami Trail North Naples, Florida 34108 PREPARED BY: HEDRICH ENGINEERING, INC. 10911 Bonita Beach Road, Suite 1021 Bonita Springs, Florida 34135 AGENDA ITEM. t~u~ o .t 2000 PROJECT SUMMARY AND DESCRIPTION Winfield Companies, Inc. is proposing to rezone an existing group of parcels totaling 145.93 acres to a Residential PUD (Planned Unit Development). The majority of the parcels are currently zoned RSF-3 (Residential Single Family - 3 units per acre) with the approximately 40 acre remainder being zoned A (Agriculture). The proposed project will contain a maximum of 438 dwelling units (3 units per acre) along with ancillary recreational and community service- type uses. The project is expected to begin site preparation near the end of 2000 with project build out expected to occur around 2005 depending on sales and the economy. The project is located on the west side of Livingston Road approximately 0.75 miles north of Immokalee Road (CR 846). The project is bounded by Livingston Road and agricultural lands on the east; Willoughby Acres, Willoughby Pines, Majestic Pines and Turnbury on the south; Imperial Golf Estates, Candlewood and Falcon Ridge on the west; and Imperial Golf Estates, agricultural lands and the proposed Royal Palm Academy on the north. Access to the site will be from Livingston Road. The project is expected to generate an average of 4,192 new external trips (see table 1) to the adjacent roadway system (see tables 2 and 3) on a daily basis, of which 442 (10.5%) will occur during the p.m. peak hour. The peak hour traffic distributions and projected impacts on the roadway systems within a 5-mile linear distanem from the site can be seen in tables 4 and 5. Based upon the criteria in the Growth Management Plan Transportation Element Policies 5.1, 5.2 and 7.2, the project does not generate sufficient traffic so as to constitute a significant impact on any link projected to be deficient within one year nor does the project expect to have an adverse impact on any residential streets within the area of influence (see Growth Management Plan section). Therefore, the fezone request for this project is consistent with the Growth Management Plan policies. It should be noted that after analysis of the future roadway conditions (see table 3) some segments have been identified as potentially becoming deficient during the build out of this project. Collier County's Concurrency Managemere System requires that improvements be programmed within three years of a roadway becoming deficient in order for concurrency to be maintained. Failing to make the improvements requires the County to initiate a building moratorium in the area of the affected link. In the event the County fails to make the needed improvements in any of the roadways identified in table 3, this project will be subject to any such moratorium created until such time as the needed improvement is programmed. It should also be noted that although Livingston Road has been included in this study, no projected volumes were currently available from the review agencies. Also, information for tables 2, 3, 4 and 5 was obtained from the following sourems: Signal Cn'oups and LOS Standard and Minimum Standard per Collier County Transportation Planning Database Capacity Analysis, Dated December 16, 1997. LOS based on Tables in Collier County_ Growth Management Plan, March 14, 1995 Revision. AGENp~,3.TKM~ AUG 0 .ooo TRIP GENERATION METHODOLOGY The computer program, Trip Generation, Version 4, by Microtrans was used to identify the project's trip generation rates and volumes. The program uses information found in the ITE (Institute of Transportation Engineer's) Trip Generation Report, 6ta Edition for calculating rates and volumes. Since the project is primarily single-family residential with only a small portion of ancillary recreational and community service-type uses, Single Family Detached Housing was used in this trip generation analysis. See the summary of Trip Generation Rates and Calculations for specific information. The data shown in Table 1 below is taken from this information. Note that only the 4-6 PM Peak Hour data are shown since the volumes are greater than the 7-9 AM Peak Hour. TABLE 1 PROJECT TRAFFIC AT BUILD OUT AVERAGE WEEKDAY DRIVEWAY VOLUMES LAND USE SIZE 24 HOUR, 2- 4-6 PM PEAK HOUR WAY VOLUME ENTER EXIT TOTAL Single Family Detached438 4192 285 158 442 PLANNED/PROPOSED ROADWAY IMPROVEMENTS The developer will provide appropriate turn lanes at the project entrance. These improvements are considered site related and not subject to an impact fee credit. The developer will pay an appropriate fee required by the County's Road Impact Fee Ordinance 92-22, as may be amended, as building permits are issued for the proposed project. THROUGH TRAFFIC No significant through traffic is expected for this project. PROJECT PHASING Even though this project will be phased, this traffic impact statement is based on build out conditions since the potential impact to surrounding roadways fi'om this project is so minor. I o z000 GROWTH MANAGEMENT PLAN CONSISTENCY Transportation Element Policies 5.1 and 5.2 establish a standard of review for all rezoning requests. Policy 7.2 requires an evaluation of potential neighborhood impacts as part of rezone consideration. Policy 5.1 states: "The County commission will review all fezone requests with consideration of their impact on the overall system, and shall not approve any such request that significantly impacts a roadway segment already operating and/or projected to operate within one year at an unacceptable Level of Service unless specific mitigation stipulations are approved." Policy 5.2.states: "Significant impact is hereby defined as generating a volume of traffic equal to or greater than 5% ofthe Level of Service C peak hour volume of an impacted roadway." ~ As can be seen from Table 4 of this TIS, which describes the LOS "C" Peak Hour Maximum Service Volumes for each road segment, this project does not generate sufficient traffic so as to constitute a significant impact on any of the road segments in a 5 mile linear radius. Policy 7.2 states: '~rhe County shall require the submission of a neighborhood uaffic impact assessment as a part of all fezone and conditional use applications. ~s study will analyze the proposed projeet's impact on surrounding neighborhood streets." Since this projeet's access point is Livingston Road instead of the internal roadways cf Willoughby Acres, the project is not expected to have an adverse impact on residential streets within the area of influence. 2000 ~u~O I ~ooo Maderza ?UD Su~r, ary of Trip Generation Calculation For 438 Dwell~ng Units of $zngle Family Detached Housing March 20, 2000 Average Standard Adjustment Driveway Rate Deviation Factor Vol'~me Avg. Weekday 2-Way Volume 9.57 7-9 AM Peak Hour Enter 7-9 AM Peak Hour Exit 7-9 AM Peak Hou~ Total 4-6 PM Peak Mou~ Enter 4-6 PM Peak Hour E;~it 4-6 PM Peak Nour Total Saturday 2-Way Volume Saturday Peak Hour Enter Saturday Peak Hour =xit Saturday Peak Mou~ Total 3.69 1.00 4192 0.19 0.00 1.00 83 0.56 0.00 1.00 245 0.75 0.90 1.00 329 0.65 0.00 1.00 285 0.36 0.00 1.00 158 1.Ol 1.05 1.00 442 10.09 3.67 1.00 4419 0.51 0.00 !.00 223 0.43 0.00 1.00 ~85 0.94 0.99 1.00 4i2 Note: A zero indicates no data available. Source: Institute of Transportation =ngineers Trip Generation, 6th Edition, 1997. TRIP GENERATION BY MICROTRANS AUG 0 1 ZOOI pg. ~i~ .... Su:.~mary of Trip Generation Rates For 438 Dwelling Units of Single family Detached Housing March 20, 2000 AVE. Mln. Max. No. Trip Trip Trap Std. of Rate Rate Rate Dev. Studies AVE. Weekday 2-Way Volume 7-9 ~M Peak Hour Znter 7-9 AM Peak Hour Exit 7-9 ~M Peak Hour Total 4-6 PM Peak Hour Enter 4-6 PM Peak Hour Exit 4-6 PM Peak Hour Total AM Pk Hr, Generator, Enter ~ Pk Hrl Generator, Exit AM Pk Hr, Generator, Total PM Pk Mr, Generator, ~nter PM Pk Mr, Generator, ~xit PM Pk Hr, Genera%or, Total Saturday 2-Way Volume Saturday Peak Hour Enter Saturday Peak Hour Exit Saturday Peak Hour Total Sunday 2-Way Volume Sunday Peak Hour Enter Sunday Peak Hour Exit Sunday Peak Hour Total 9 57 ¢ 19 0 56 0 75 0 65 0 36 1 01 0 19 0.58 0.77 0.65 0.37 1.02 10.09 0.51 0.43 0.94 8.78 0.4~ 0.40 0.86 4 31 0 O8 0 25 0 33 0 27 0 15 0 4~ 0 08 0 25 0 33 0 27 0.15 0.42 5.32 0.27 C.23 0.50 4 .74 0.29 0.26 0.$5 21.85 0.57 1.70 2.27 1.91 1.07 2.98 0.57 1.10 2.27 1.91 1.o7 2.98 14.72 0.95 0.81 1.75 12.31 0.78 0.70 1.48 69 00 00 9O 00 00 05 00 00 9i 0.00 00 O5 67 00 00 99 33 oo 0o 9.5 348 0 0 271 0 O 294 0 0 334 0 0 352 72 0 0 51 68 C 0 5O Note: A zero indicates no data available. Source: Institute of Transportation Engineers Trip Generation, 6th ~dition, 1997. TRIP GENERATION BY MICROTRANS .AUG 0 1 2000 COLLIER COUNTY APPLICATION FOR WAIVER OF HISTORIC AND ARCHAEOLOGICAL SURVEY AND ASSESSMENT PROJECT NAME · Madeira PUD LOCATION (COMMON DESCRIPTION) · Immediately Wet of Livingston Road, 3A miles North of Immokalee Road. DATE: 4-13-00 SUMMARY OF WAIVER REQUEST: The parcel is not located within a probability area and has been vacant and undeveloped. SECTION ONE: APPLICANT AND PROPERTY OWNERSHIP DATE Name of applicant(s) (if other than property owner, state relationship such as option holder, contract purchaser, lessee, trustee, etc.): Meridian Land Co. (owner and contract purchaser) Mailing Address: 10001 Tamiami Trail North Phone: ( 941-593-3100) FAX: (941 ) 593-3150 B. Name of agent(s) for applicant, if any: _Brad Hedrich, P.E., President of Hedrich Engineering_ Mailing Address: 10911 Bonita Beach Road Bonita Springs, FL 34135 Phone: (941) 495-5766 FAX: (941 ) 947-4531 c. Name of owner(s) of property, if different than applicant: _various, see copies of dee{ contracts to purchase attached to PUD application. Page 1 of 4 s and~o. ~ AUG 0 1 2000 Mailing Address: Phone: ( ) FAX: ( ) Note: If names in answers to A and/or B are different than name in C, notarized letter(s) of authorization from property' owner(s) (C) must be attached. SECTION TWO: SUBJECT PROPERTY DATA Legal description of subject property. Answer only 1 or 2, as applicable. 1. Within platted subdivision, recorded in official Plat Books of Collier County. Subdivision Name: Plat Book Page Unit Block Lot Section Township Range ....... Note: Attach copy of the plat book page (obtainable from Clerk's Office at the original scale) with subject property clearly marked. If not in platted subdivision, a complete legal description must be attached which is sufficiently detailed so as to locate said property on County maps or aerial photographs. The legal description must include the Section, Township and Range. If the applicant includes multiple contiguous parcels, the legal description may describe the perimeter boundary of the total area, and need not describe each individual parcel, except where different zoning requests are made on individual parcels. A boundary sketch is also required. Collier County has the right to reject any legal description which is not sufficiently detailed so as to locate said property, and may require a certified survey or boundary sketch to be submitted. See PUD document for a full legal description. B. Property dimensions Area: square feet, or Width along roadway: +/- 1320' Depth: varies, up to 3,700' C. Present use of property: Vacant D. Present zoning classification: RSFo3 and A +/- 145.93 acres Page 2 of 4 AUG 0 1 2000 SECTION THREE: WAIVER CRITERIA/WAIVER REQUEST Properties located ~ithin an area of Historical/Archaeological Probability, with low potential for historical/archaeological sites may petition the Communi .ty Development and Environmental Services Administrator or his designee to waive the requirement for an Historical/Archaeological Survey and Assessment. The Community Development and Environmental Services Administrator or his designee shall review and act upon the waiver request within five (5) working days of receiving the application. The waiver request shall adequately demonstrate that the area has low potential for historical/archaeological sites. Justification shall include, but not limited to the following: 1. Aerial Photograph 2. Historical land use description 3. Description of land cover, land formation and vegetation The Community Development and Environmental Services Administrator or his designee may deny a waiver, grant the waiver, or grant the waiver with conditions. The decision of the Community Development and Environmental Services Administrator or his designee regarding the waiver request shall be provided to the applicant in writing. In the event of a denial of the waiver request, written notice shall be provided stating the reasons for such denial. Any party aggrieved by a decision of the Community Development and Environmental Services Administrator or his designee regarding a waiver request may appeal to the Preservation Board. Any party aggrieved by a decision of the Preservation Board regarding a waiver request may appeal that decision to the Board of County Commissioners utilizing the procedure outlined in Section 2.2.25.11. B. Waiver Request Justification 1. Interpretation of Aerial Photograph: Land is vacant & undisturbed. Residential development has occurred prdominantly along the Southern and Western boundaries of the Project. 2. Historical Land Use Description: Vacant. Occassional use for the stockpiling of fill material from other projects either with or without property_ owners consent. 3. Land, cover, formation and vegetation description: Please refer to the ElS dated February 2000 bv Jack L. Abner, Environmental Consultant. 4. Other: This provision is to cover instances in which it is obvious that any archaeological or historic which may have existed has been destroyed. Examples would be evidence that a major buik constructed on the site or that an area has been excavated as a quarry. The Community Devl Environmental Services Administrator may seek counsel of the Chairman of the Historic/At, Page 3 of 4 AGE q D,,~ ,,I.,T,~ ~ ,, resout~e~ ing has been I°Pl~aOdl 2000 haeblog~cal Preservation Board when it is not completely evident that the site is without archaeological or historic value. SECTION FOUR: CERTIFICATION The applicant shall be responsible for the accuracy and completeness of this application. Any time delays or additional expenses necessitated due to the submittal of inaccurate or incomplete information shall be the responsibility of the applicant. B. All information submitted with the application becomes a part of the public record and shall be a permanent part of the file. All attachments and exhibits submitted shall be of a size that will fit or conveniently fold to fit into a legal size (8 IA" X 14") folder. Signature of Applicant or Agent Printed Name of Applicant or Agent **TO BE COMPLETED BY THE COMMUNITY DEVELOPMENT SERVICES DIVISION ** SECTION FIVE: NOTICE OF DECISION A. The Community Development and Environmental Services Administrator or his designee has made the following determination: I. Approved on: 2. Approved with Conditions on: 3. Denied on: (see attachment) (see attachment) Page 4 of 4 AUG 0 1 gooo ORDiNANCE NO. 2000- AN ORDINPuNCE AMENDING ORDINANCE NUMBER 91-102 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORDA BY AMENDING THE OFFICIAL ZONING ATLAS MAPS NUMBERED 8524N AND 8513N; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" RURAL AGRICULTURAL, "RSF-Y' AND "ST" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS THE MADIERA PUD LOCATED ON THE WEST SDE OF LIVINGSTON ROAD (C.R. 880), APPROXIMATELY 3A MILES NORTH OF IMMOKALEE ROAD (C.R. 846), IN SECTIONS 13 AND 24, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 145.93+ ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Brad Hedrich, P.E., of Hedrich Engineering, Inc., representing Meridian Land Company, 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 Sections 13 and 24, Township 48 South, Range 25 East, Collier County, Florida, is changed from "A" Rural Agricultural, "RSF-3" and "ST" to "PUD" Planned Unit Development in accordance with the Madiera PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Maps numbered 8524N and 8513N, as described in Ordinance Number 91-102, the Collier County Land Development Code, are hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. AUG012000 i PASSED ANT) DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this __ day of ,2000. BO)u~D OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, CLERK BY: TIMOTHY J.CONSTANTINE, CHAIRMAN Approved as to Form and Legal Sufficiency Marjorie M. Student Assistant County Attorney g'admin/P UD-00-09/SM/im *2- AUG 0 1 2000 Pg...~ MADEIRA A PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE MADEIRA PUD, A PLANNED UNIT DVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: MERiDIAN LAND CO. 10001 TAMIAMI TRiAL NORTH NAPLES, FL 34108 PREPARED BY: TIM HANCOCK, AICP PLANNING SOLUTIONS, INC. 5100 TAMIAMI TRAIL NORTH SUITE 158 NAPLES, FL 34103 And BRAD HEDRiCH, P.E. HEDRiCH ENGINEERING 10911 BONITA BEACH ROAD SUITE 1021 BONITA SPRINGS, FL 34135 DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS & REPEAL "EXHIBIT A" -1- AUG o 1 2000 TABLE OFCONTENTS 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 LOW DENSITY RESIDENTIAL AREAS PLAN COMMON AREAS PRESERVE AREAS DEVELOPMENT COMMITMENTS page 3 page 4 pages 5 thru 8 pages 9 thru 11 pages 12 thru 13 pages 14 thru 15 pages 16 pages 1'7 thru 19 -2- AUG 0 1 2DOD 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 -3- AUG 01 2000 STATEMENT OF COMPLIANCE AND SHORT TITLE The Madeira Planned Unit Development (PUD) consists of +/- 145.93 acres of land located 'A miles North of Immokalee Road, immediately West of and adjacent to Livingston Road in Collier County, Florida. The development of this Project will be in compliance with the planning goals and objectives of Collier Count3' as set forth in the County's Growth Management Plan. This compliance includes: The land is located wholly in the Urban Residential Sub-district of the Urban Mixed Use District as identified on the Future Land Use Map as required in Objective 1, Policy 5.1, and Policy 5.3 of the Future Land Use Element. The subject properry's location in relation to existing or proposed community facilities and services permits the development's residential density as required in Objective 2 of the Future Land Use Element. 3. 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. 4. The Project development will result in an efficient and economical extension of community facilities and services as required in Policies 3. I.H and L of the Future Land Use Element. The project is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as may be required in forthcoming regulations required by Objective 1.5 of the Drainage Sub-element of the Public Facilities Element. The Urban Residential District allows for a base residential density of 4 units per gross acre. The projected density of 3 units per gross acre is in compliance with the Future Land Use Element of the Growth Management Plan. This Project is seeking no density bonuses. 7. The Project further meets the intent of the Urban Residential Sub-district through restricting allowable uses to single family detached, zero lot line and two-family attached dwelling units. 8. All final local development orders for this Project are subject to the Collier County Adequate Public Facilities Ordinance. -4- 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 property, and to describe the existing conditions of the property proposed to be developed under the Project name of the Madeira PUD. LEGAL DESCRIPTION The subject property being +/- 145.93 acres, is described as: A PARCEL OF LAND LOCATED IN SECTIONS 13 AND 24, TOWNSHIP 48 SOUTH, RANGE 25 EAST, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, THENCE ALONG THE SOUTH LINE OF SECTION 13, S88°48'25"W 275.05' TO THE EAST LINE OF A 125' WIDE FLORIDA POWER & LIGHT EASEMENT, RECORDED IN O.R. BOOK 487, PAGE 364, AND THE POINT OF BEGINNING, THENCE CONTINUE ALONG THE SOUTH LINE OF SECTION 13, S88°48'23"W 1050.28'TO THE EAST LINE OF THE SOUTHWEST ¼ OF THE SOUTHEAST ¼ OF SECTION 13, THENCE ALONG THE EAST LINE OF THE SOUTHWEST 'A OF THE SOUTHEAST ¼ OF SECTION 13, N00°05'58"W 1344.31 ', TO THE NORTH LINE OF THE SOUTHWEST ~A OF THE SOUTHEAST ¼ OF SECTION 13, THENCE ALONG THE NORTH LINE OF THE SOUTHWEST ~/~ OF THE SOUTHEAST ~/4 OF SECTION 13, S88°52'26"W 1326.34', TO THE WEST LINE OF THE SOUTHWEST ¼ OF THE SOUTHEAST ¼ OF SECTION 13, THENCE ALONG THE WEST LINE OF THE SOUTHWEST ¼ OF THE SOUTHEAST ¼ OF SECTION 13, S00°09'32"E 1345.82', TO THE NORTH LINE OF SECTION 24, THENCE ALONG THE NORTH LINE OF SECTION 24, S88°43' 17W 662.04', TO THE EAST LINE OF THE NORTHEAST ¼ OF THE NORTHWEST 'A OF THE NORTHEAST ¼ OF THE NORTHWEST ~A OF SECTION 24, THENCE ALONG THE EAST LINE OF THE NORTHEAST V~ OF THE NORTHWEST ¼ OF THE NORTHEAST % OF THE NORTHWEST V4 OF SECTION 24, S00°l l'01"E 331.48', TO THE SOUTH LINE OF THE NORTHEAST % OF THE NORTHWEST ¼ OF THE NORTHEAST V~ OF THE NORTHWEST % OF SECTION 24, THENCE ALONG THE SOUTH LINE OF THE NORTHEAST ¼ OF THE NORTHWES'I* ¼ OF THE NORTHEAST ¼ OF THE NORTHWEST V4 OF SECTION 24, S88°45' 1 I"W 296.98', TO THE EAST LINE OF THE WEST 365' OF THE NORTH V2 OF THE NORTHWEST 1/4 OF THE NORTHEAST ¼ OF THE NORTHWEST ~A OF SECTION 24, THENCE ALONG THE EAST LINE OF THE WEST 365' OF THE NORTH V= OF THE NORTHWEST ¼ OF THE NORTHEAST I/4 OF THE NORTHWEST ¼ OF SECTION 24, N00°I0'55"W 331.32', TO THE NORTH LINE OF SECTION 24, THENCE ALONG THE NORTH LINE OF SECTION 24, S88°39'45"W 365.20', TO THE WEST LINE OF THE NORTHEAST ¼ OF THE NORTHWEST ~A OF SECTION 24, THENCE ALONG THE WEST LINE OF THE NORTHEAST ¼ OF THE NORTHWEST 1/4 OF SECTION 24, AND THE WEST LINE OF THE SOUTHEAST I/4 OF THE NORTHWEST ¼ OF SECTION 24, S00°l 1' IY'E 1654.95', TO THE SOUTH LINE OF THE NORTH Y2 OF THE NORTHWEST ¼ OF THE SOUTHEAST V4 OF THE NORTHWEST ~/4 OF SECTION 24, THENCE ALONG THE SOUTH LINE OF THE NORTH V2 OF THE NORTHWEST ¼ OF SOUTHEAST V~ OF THE NORTHWEST ¼ OF SECTION 24, AND THE SOUTH LINE O THE NORTH Y2 OF THE NORTHEAST ¼ OF THE SOUTHEAST ¼ OF THE NORTHWE -5- AGENDAA'[E ~ THE No. ~.' F ST '/,, AUG 0 1 OF SECTION 24, N88°54'12"E 1324.52', TO THE EAST L1NE OF THE NORTH V2 OF THE NORTHEAST '/4 OF THE SOUTHEAST I/4 OF THE NORTHWEST 1/4 OF SECTION 24, THENCE ALONG THE EAST LINE OF THE NORTH I/2 OF THE NORTHEAST I¼ OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 24, N00°17' 12"W 332.15', TO THE SOUTH LINE OF THE SOUTHEAST V4 OF THE NORTHEAST ¼ OF THE NORTHWEST IA OF SECTION 24, THENCE ALONG THE SOUTH LINE OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST I/4 OF SECTION 24, S88°50'52"W 662.05', TO THE WEST LINE OF THE SOUTH V., OF THE SOUTHEAST V4 OF THE NORTHEAST I/4 OF THE NORTHWEST 1/4 OF SECTION 24, THENCE ALONG THE WEST LINE OF THE SOUTH tA OF THE SOUTHEAST ~A OF THE NORTHEAST ¼ OF THE NORTHWEST I/4 OF SECTION 24, N00°l l'01"W 331.48', TO THE NORTH LINE OF THE SOUTH V2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST ¼ OF SECTION 24, THENCE ALONG THE NORTH LINE OF THE SOUTH I/2 OF THE SOUTHEAST ¼ OF THE NORTHEAST V4 OF THE NORTHWEST 1/4 OF SECTION 24, N88°48'59"E 662.05', TO THE EAST LINE OF THE SOUTH '/2 OF THE SOUTHEAST V4 OF THE NORTHEAST ¼ OF THE NORTHWEST ~A OF SECTION 24, THENCE ALONG THE EAST LINE OF THE SOUTH V2 OF THE SOUTHEAST ¼ OF THE NORTHEAST V4 OF THE NORTHWEST I/4 OF SECTION 24, S00°l l'08"E 166.82', TO THE NORTH LINE OF THE SOUTH 165' OF THE SOUTH V2 OF THE SOUTHWEST V4 OF THE NORTHWEST ¼ OF THE NORTHEAST '/4 OF SECTION 24, THENCE ALONG THE NORTH LINE OF THE SOUTH 165' OF THE SOUTH V2 OF THE SOUTHWEST V4 OF THE NORTHWEST '/4 OF THE NORTHEAST IA OF SECTION 24, N88°53'26"E 622.22', TO THE WEST LINE OF THE SOUTHWEST ¼ OF THE SOUTHEAST '/4 OF THE NORTHWEST ¼ OF THE NORTHEAST I/4 OF SECTION 24, THENCE ALONG THE WEST LINE OF THE SOUTHWEST ¼ OF THE SOUTHEAST ~¼ OF THE NORTHWEST V4 OF THE NORTHEAST 1/4 OF SECTION 24, N00© 10'07"W 167.07', TO THE NORTH LINE OF THE SOUTHWEST V4 OF THE SOUTHEAST ¼ OF THE NORTHWEST V4 OF THE NORTHEAST V4 OF SECTION 24, THENCE ALONG THE NORTH LINE OF THE SOUTHWEST I/4 OF THE SOUTHEAST ¼ OF THE NORTHWEST IA OF THE NORTHEAST ¼ OF SECTION 24, N88°54'12"E 331.17', TO THE EAST LINE OF THE SOUTHWEST ¼ OF THE SOUTHEAST ¼ OF THE NORTHWEST ¼ OF THE NORTHEAST ¼ OF SECTION 24, THENCE ALONG THE EAST LINE OF THE SOUTHWEST ¼ OF THE SOUTHEAST V4 OF THE NORTHWEST V, OF THE NORTHEAST 1/4 OF SECTION 24, S00°07'36"E 331.88', TO THE SOUTH LINE OF THE NORTHWEST ¼ OF THE NORTHEAST V4 OF SECTION 24, THENCE ALONG THE SOUTH LINE OF THE NORTHWEST ¼ OF THE NORTHEAST ¼ OF SECTION 24, AND THE SOUTH LINE OF THE NORTHEAST ¼ OF THE NORTHEAST 1/4 OF SECTION 24, N88°53'48"E 1380.53', TO THE EAST LINE OF A 125' WIDE FLORIDA POWER & LIGHT EASEMENT, RECORDED IN O.R. BOOK 460, PAGE 728, THENCE ALONG THE EAST LINE OF A 125' WIDE FLORIDA POWER & LIGHT EASEMENT, RECORDED IN O.R. BOOK 460, PAGE 728, N00°07'04"W 665.43', TO THE SOUTH LINE OF THE SOUTH V2 OF THE NORTHEAST V4 OF THE NORTHEAST ~A OF THE NORTHEAST ¼ OF SECTION 24, THENCE ALONG THE SOUTH LINE OF THE SOUTH I/2 OF THE NORTHEAST ¼ OF THE NORTHEAST ¼ OF THE NORTHEAST ~A OF SECTION 24, S88°50'56"W 387.33', TO THE WEST LINE OF THE SOUTH 1/2 OF THE NORTHEAST ¼ OF THE NORTHEAST ¼ OF THE NORTHEAST V4 OF SECTION 24, THENCE ALONG THE WEST LINE OF THE SOUTH V2 OF THE NORTHEAST ¼ OF THE NORTHEAST V4 OF THE NORTHEAST ¼ OF SECTION 24, N00°08'05"W 332.57', TO THE NORTH LINE OF THE SOUTH V2 OF THE NORTHEAST V~ OF THE NORTHEAST V4 OF THE NORTHEAST ¼ OF SECTION 24, THENCE ALONG THE NORTH LINE OF THE SOUTH V2 OF THE NORTHEAST ~A OF NORTHEAST ¼ OP THE NORTHEAST 1/4 OF SECTION 24, N88°49'41"E 387.43', TO 'I -6- EAST LINE OF A 125' WIDE FLORIDA POWER & LIGHT EASEMENT, RECORDED IN O.R. BOOK 487, PAGE 364, THENCE ALONG THE EAST LINE OF A 125' WIDE FLORIDA POWER & LIGHT EASEMENT, RECORDED IN O.R. BOOK 487, PAGE 364, N00°07'04"W 332.72', TO THE POINT OF BEGINNING. LESS THE SOUTH I/2 OF THE SOUTH I/2 OF THE NORTHEAST IA OF THE NORTHWEST OF THE NORTHEAST V4 OF SECTION 24, TOWNSHIP 48 SOUTH, RANGE 25 EAST. CONTAINING 145.93 ACRES MORE OR LESS. SUBJECT TO EASEMENTS, RESTRICTIONS, AND RESERVATIONS OF RECORD. 1.3 1.4 1.5 PROPERTY OWNERSHIP The subject property is currently under the ownership of or under contract for purchase to: Meridian Land Co. 10001 Tamiami Trail North Naples, FL 34108 GENERAL DESCRIPTION OF PROJECT AREA The Project site includes portions of Sections13 and 24, Township 48 South, Range 25 East. Generally, the Project is located immediately adjacent to and West of Livingston Road, approximately ~A miles North of Immokalee Road. The zoning classification of the subject property prior to the date of this approved PUD document was A - Agriculture and RSF-3. PHYSICAL DESCRIPTION The project site is located within the South Florida Water Management District Cocohatchee River Basin. The site, along with several offsite drainage basins, currently drains to a main onsite wetland slough which then drains to the west to an offsite wetland slough which then outfalls to Palm River via twin 36" pipes. Palm River then outfalls to the Cocohatchee River. The Cocohatchee River Basin typically has a discharge rate of 0.04 cfs/acre (cubic feet per second per acre), but in this particular area, a detailed drainage study is being conducted by a consultant for Collier County that will most likely suggest a discharge rate of 0.03 cfs/acre due to the overtaxed downstream drainage system. This project will use a combination of onsite detention lakes, drainage conveyance systems, the onsite wetland slough and a control structure with an overflow weir on the westernmost boundary of the onsite slough to detain storm water and achieve the reduced discharge rate. For the small storm events that will not adversely affect existing offsite areas, this control structure will help restore the onsite wetland sloughs hydrology to a more historic level. Also, to help prevent existing offsite areas that drain to the onsite wetland slough from potential flooding during larger storm events, the control structure will have a large overflow weir. A majority of the elevations within the project range from 10 feet to 13 feet NGVD with smaller extreme cases of elevations ranging from 6 feet to 18 feet NGVD. Based on ~n initial geotechnical study of the area, a thick bedrock layer starts at approximately I C to 12 feet below existing ground. The entire site is in Flood Zone X according to the Fi RM -7- AUG 0 1 200 Map that means that flooding only occurs during the 500-year flood. The closest 100- year flood zone is located to the west of the site, which is flood zone AE 11 (Elev. 11.0 feet NGVD) A description of soil types found in the area. 11 - Hallandale fine sand (From NRCS data) The soils of the Hallandale Series are siliceous, hypothermic Lithic Psammaquents, They are shallow, poorly drained, moderately to rapidly permeable soils that formed in thin beds of sandy marine sediment over limestone. These nearly level soils are in flatwoods and in sloughs and poorly defined drainage-ways. Slopes range from 0 to 2 percent. (The NRCS does not classify this series as hydric.) 14- Pineda fine sand, limestone substratum This nearly level, poorly drained soil is in sloughs and poorly deemed drainageways. The slope is zero to 2 percent. The NRCS classifies this soil as hydric. 18- Riviera fine sand, limestone substratum This nearly level, poorly drained soil is in sloughs and broad, poorly defined drainageways. Individual areas are elongated and irregular in.shape. Slope is 0 to 2 percent. 25- Boca, Riviera, limestone substratum, and Copeland fine sands, depressionai These level, very poorly drained soils are in depressions, cypress swamps and marshes. Individual areas are elongated and irregular in shape. Slope is 0 to 1 percent. 1.6 1,7 PROJECT DESCRIPTION The Madeira PUD is a residential community that provides low-density development in an area permitted for up to 4 units per acre base density. The project will be a gated access community with recreational facilities provided for the use and enjoyment of residents. The most notable feature of the development is the presence and preservation of a wetland slough that moves through the project. Crossings are minimized by the proposed plan of development while preserving the natural sheet flow of the slough. The importance of the slough is of significance in both environmental and surface drainage areas. The community will consist of up to 438 single family, zero lot line and two- family attached dwelling units upon completion. SHORT TITLE This Ordinance shall be known and cited as the "Madeira Planned Unit Development Ordinance." -8- AGEN A ! -- /lUG 0 1 2000 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 2.2 2.3 PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, and the respective land uses of the tracts included in the project, as well as other project relationships. GENERAL Regulations for the development of the Madeira PUD shall be in accordance with the contents of this document, 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 the 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 the Madeira PUD 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 Divisiori 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. DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES The Project Master Plan, including layout of streets and use of land for the various tracts, is iljustrated graphically by Exhibit "A," PUD Master Development Plan. There shall be 9 residential land use tracts plus necessary water management lakes, street rights-of-way, the general configuration of which is also iljustrated by Exhibit -9- AG ENp& J,TF.M, No. ~ 0 1 2OO0 2,4 2.5 TRACT (S) R1 thru R9 CR P Lakes Roads TYPE OF DEVELOPMENT UNITS ACREAGE Single family, zero lot line and two-family attached 438 85.15 ac Common area and Recreation na 4.88 ac Preservation na 30.78 ac na na 19.36 ac Rights-of-way na 5.76 ac TOTAL 438 145.93 ac Areas iljustrated as lakes by Exhibit "A' shall be constructed as lakes or, upon approval, parts thereof may be constructed as shallow, intermittent wet and dry depressions for water retention purposes. Such areas, lakes and intermittent wet and dry areas shall be in the same general configuration and contain the same general acreage as shown by Exhibit "A." Minor modification to all tracts, lakes or other interior boundaries may be permitted at the time of Preliminary Subdivision Plat or Site Development Plan approval, subject to the provisions of applicable sections of the Collier County Land Development Code or as otherwise permitted by this PUD document. In addition to the various areas and specific items shown in Exhibit "A," such easements, as necessary (utility, private, semi-public, etc.) shall be established within or along the various Tracts as may be necessary. DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USE A maximum of 438 residential dwelling units shall be constructed in the total project area. The gross project area is +/- 145.93 acres. The gross project density, therefore, will be a maximum of 3 units per acre. RELATED PROJECT PLAN APPROVAL REQUIREMENTS Prior to the recording of a Record Plat, and/or Condominium Plat for all or part of the PUD, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the PUD Master Plan, the Collier County Subdivision Code and the platting laws of the State of Florida. Exhibit "A," 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 C, when applicable, shall apply to the development of all platted tracts, or par -10- tie,No. ~ els AUG 0 2.6 2.7 2.8 of land as provided in said Division in effect prior to the issuance of a building permit or other development order. The development of any tract or parcel approved for residential development contemplating fee simple ownership of land for each dwelling unit shall be required to submit and receive approval of a Preliminary Subdivision Plat in conformance with the requirements of Division 3.2 of the Collier County Land Development Code in effect prior to the submittal of construction plans and a final plat for any portion of the tract or parcel. Appropriate instruments will be provided at the time of infrastructure improvements regarding any dedications and method for providing perpetual maintenance of common facilities. MODEL HOMES AND SALES FACILITIES Model homes/model home centers including sales centers shall be permitted in conjunction with the promotion of the development subject to the following: One "wet" and 3 "dry" models may be constructed prior to recording of a plat for each residential project or phase. Location is limited to future, platted lots. The Project owner must apply for temporary use permits for all models. The models pertained as "dry" models must obtain a conditional certificate of occupancy for model purposes only. The "wet" model may not be occupied until ape. rmanent certificate of occupancy is issued. The "wet" model may be served by a temporary utility system with ultimate connection to the central system. Interior fire protection facilities in accordance with NFPA requirements are required unless a permanent water system is available. A water management plan must be provided which accommodates the runoff from the model home, parking, access road/driveway and other impervious surfaces. The system shall be designed and constructed so that it is integrated with the master system for the entire development. All other regulations pertaining to model homes shall be consistent with applicable Sections of the LDC. 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. 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 &all common facilities and open space subject further to the provisions of the Collier County Land Development Code. -11- AG ENp&JJE.,' No.. ~ ~,.~/ AUG 0 1 2000 3.1 3.2 3.3 3.4 SECTION tll LOW DENSITY RESIDENTIAL AREAS PLAN PURPOSE The purpose of this Section is to identi~ specific development standards for areas designated on Exhibit "A" as Tracts R1, R2, R3, R4, R5, R6, R7, R8 and R9, Low Densit), Residential. MAXIMUM DWELLING UNITS The maximum number of low-density residential units allowed within the PUD shall be as follows: Tracts R1 through R9 = 438 units. USES PERMITTED 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. Single Family Dwelling Unit 2. Zero Lot Line Detached Unit 3. Two-Family Attached Unit The cjustering or grouping of housing structure types identified in Section 3.3 of this document may be permitted on parcels of land under unified ownership, or as may be otherwise provided in the Collier County Land Development Code, subject further to the provisions of Division 3.3 of the Collier County Land Development Code and Table 1 of this document. B. Accessory Uses: 1. Customary Accessory uses and structures, including private garages. May include common recreation amenities such as tennis courts, swimming pools, clubhouse facilities, fitness centers, playgrounds, basketball courts~ boardwalks, and similar passive and active recreational facilities. DEVELOPMENT STANDARDS A. General: All yards and setbacks shall be in relation to the individual parcel boundaries, except as otherwise provided. Front Yard Setbacks (measurement): Front yard setbacks shall be measured as follows: -12- AGE /IU o 1 2000 1. If the parcel is served directly and is immediately adjacent to a public right- of- way, the setback will be measured from the right of way line. 2. If the parcel is served by a non-platted, private drive, the setback will be measured from the back of curb or edge of pavement. 3. If the parcel is served by a platted, private drive, the setback is measured from the road easement or property line. 4. Principal buildings shall be set back a distance sufficient to provide for two back-to-back parking spaces without encroaching into required setbacks, one of which may be an enclosed space, the other of which shall be of sufficient length not to cause an automobile to encroach into a sidewalk. TABLE I Single Family D.U. Zero Lot Line D.U. 2-Family Attached D.U. Min. Lot Area: 6,000 sq. fl. 6,000 sq. ft. 5,000 sq. fl. per d.u. Min. Lot Width: Interior Lots: 50 feet 50 feet 40 feet min. per d.u. Comer Lots: 55 feet 55 feet 85 feet Minimum Yards: Front Yard: 20 feet 20 feet 20 feet Side Yard: 6 feet 0 and 10 feet 7.5 feet Rear Yard: 20 feet 20 feet 20 feet Accesso:y Structure: Swimming Pool: 10 ft. rear 10 ft. rear 10 ft. rear Tennis Courts: 15 ft. rear 15 ft. rear 15ft. rear Screen Porch: 10 ft. rear 10 ft. rear 10 ft. rear Min. Floor Area: One Story: 1,000 ft. 1,000 feet 1,800 ft. Two Story: 1,200 ft. 1,200 feet. 2,000 ft. Max. Height: principal Structures: 35 feet 35 feet 35 feet Accessory Structures: 25 feet 25 feet 25 feet Minimum off street parking: as required in Section 2.3 of the Land Development Code. Minimum landscaping: as required in Section 2.4 of the Land Development Code. Where the zero foot side yard is utilized, the opposite side of the structure shall have a minimum ten- foot side yard setback. All zero lot line units in a linear arrangement shall provide the zero foot side yard setback on the same side of the unit unless a 20-foot landscape or buffer is provided between units. -13- AGEh/DA ITEM No. ~ AUG 0 1 zooo SECTION IV COMMON AREAS PLAN 4.1 PURPOSE The purpose of this Section is to set fonh the development plans and development standards for the area(s) designated as Tracts CR, Cormnon Area/Recreation on the PUD Master Development Plan, Exhibit "A." The primary function and purpose of these tracts will be to provide aesthetically pleasing open areas and recreational opportunities for residents except in areas to be used for water impoundment and principal or accessory use areas, all natural trees and other vegetation as practicable shall be protected and preserved. 4,2 USESPERMITTED 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: A. Principal Uses: I. Lakes 2. Open Spaces / Preserve Areas Pedestrian and bicycle paths or boardwalks constructed for purposes of access to or passage through the common areas and preserves. Small docks, piers or other such facilities constructed for purposes of lake recreation for residents of the project. Shuffleboard courts, tennis courts, swimming pools, and other types of facilities intended for outdoor recreation. Clubhouse with meeting rooms, card rooms and general-purpose areas for residents of the Project. B. Accessory uses: Small docks, enclosures or other structures constructed for the purposes of maintenance, storage, recreation or shelter with appropriate screening and landscaping. 4.3 DEVELOPMENT REGULATIONS Overall site design shall be harmonious in terms of landscaping, enclosure for structures, location of access streets and parking areas and location and treatment of buffer areas. Buildings shall be set back a minimum of fifty feet abutting an external residential district and a landscaped and maintained buffer shall be provided. Lighting facilities shall be arranged in a manner, which will protect roadwa' and neighboring properties form direct glare or other interference. - 14- A GEND~ ITEM llU 0 1 2000 Maximum Height: 1. Principal Structure: 35 feet 2. Accessory Structure: 25 feet Minimum Off Street Parking: As required by Division 2.3 of the Land Development Code in effect at the time of building permit application. -15- AGENDA IZEM ~ AUI; o 1 2000 5.1 5.2 SECTION V PRESERVE AREAS PURPOSE Preserve Area (P) - The purpose is to preserve and protect native vegetation, naturally functioning habitat and flow-ways in their natural state. USES PERMITTED No building or structure of part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following, subject to regional, state and federal permits when required: A. Principal Uses: Open Spaces / Nature Preserves Boardwalks subject to appropriate approvals by permitting agencies. Roadway crossings as noted on Exhibit "A," PUD Master Plan. -16- A~3ENDA IIEM~ ~' -- /lUG 0 1 2000 SECTION VI DEVELOPMENT COMMITMENTS 6.1 PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. 6.2 GENERAL All facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdivision Plats and all applicable State and local laws, codes and regulations applicable to the 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 assignee, shall 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 of the developer is subject to the commitments within this agreement. 6.3 PUD MASTER PLAN Exhibit "A," PUD Master Plan iljustrates the proposed development and is conceptual in nature. Proposed tract, lot and 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 in all common areas in the project. 6.4 SCHEDULE OF DEVELOPMENT / MONITORING REPORT AND SUNSET PROVISION The project is proposed to start construction of infrastructure in 2001. Model homes construction will commence in 2001/2002 with build-out estimated at seven to ten years. The PUD shall be subject to the Sunset Provisions of Section 2.7.3.4 of the Land Development Code. Recreational facilities to include at a minimum, one clubhouse facility, two termis courts and a swimming pool will be completed prior to 50% completion of the project. An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County Land Development Code. AGENDA ITEM -17- 6.5 6.6 6.7 6.8 SUBSTITUTION TO DESIGN STANDARDS FOR SUBDIVISION REGULATIONS Street right-of-way (Section 3.2.8.4.16.5 of the Land Development Code): Roads within the Project will be designed and built as private roads with no maintenance responsibility by Collier County. These roads shall have a minimum right-of-way of 50 feet and pavement width shall be a minimum of 12 feet for one-way traffic and 24 feet for two-way traffic. Minimum Distance for right-of-way from Lakes (Section 3.5.7.1.2 of the LDC): Internal Roads that run parallel to water management lakes or detention areas shall be allowed a setback of less than 50 feet from the top of bank or control elevation, whichever in greater. Setbacks shall be a minimum of 20 feet unless appropriate justification can be shown through the use of walls or guardrails to reduce the setback to as little as 5 feet. Sidewalks (Section 3.2.8.3.17 of the LDC): Sidewalks will be required on one side only of all internal roadways in order to provide pedestrian access throughout the Project. 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. Road Impact Fees shall be paid in accordance with the Collier County Impact Fee Ordinance in effect at the time of building permit issuance, unless otherwise approved by the Board of Commissioners. 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. Before any development construction permits are issued, the developer's engineering consultant shall perform detailed field topographic surveys including cross-sections, a flow-way evaluation and a hydrologic / hydraulic computer water surface profile modeling study. That study should conclude that there will be no significant adverse impacts on the surrounding properties caused by the installation of the proposed control structure with overflow weir and filling within the historic low lying wetland slough. Said analysis shall be reviewed and approved by the SFWMD and Collier County Engineering Review Services Staff. The wetland slough shall be improved and maintained in perpetuity by removal of exotic plants and fallen debris that would significantly restrict storm water flow in the slough. UTILITIES County water and sewer is available within the Right-of-Way of Livingst~ Road. -18- o zooo 6.9 All facilities extended to the site and which lie in platted rights-of-way shall be owned and maintained by the Collier County WateffSewer 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 6.10 6.11 6.12 6.13 ENVIRONMENTAL mo An appropriate portion of the native vegetation shall be retained on-site as required in the Collier Count5' Land Development Code. 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 shall include methods and time schedule for removal of exotic vegetation within conservation/preservation areas. 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. POLLING PLACES Pursuant to Section 2.6.30 of the Land Development Code, provisions shall be made for the future use of a building within the common area of the Project for the purpose of accommodating an electoral polling place. An agreement recorded in the official records of the Clerk of the Circuit Court of Collier County, which shall be binding on any and all successor owners in interest that acquire ownership of such common areas including, but not limited to, condominium associations, and homeowners associations. This agreement shall provide for a common space sufficient in size to meet the needs of the Supervisor of Elections in providing space for electors residing within the development. HISTORICAL / ARCHAEOLOGICAL If during the course of site clearing, excavation or other consl~uction activity, a 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 as noted in Section 2.2.25.8.1 of the Land Development Code. -19- No. ~~ AUG 0 1 2000 The developer agrees to adhere to any other stipulations or recommendations made by the Certified Archaeologist as a result of the required survey and assessment, prior to the issuance of the first development order. - 20 - 2000 L.A/CE AGE! No. -- AUG 0 1:2000 o i ZOO0 I $$1 - !1 ;~1 I_' h sl _ II ,1 |,, , I! ~ ,, ~ ? ',,~.~J,-- -- - -'1'- ....... ~ a"-u~. ~ ~ 'r~.~m- ..~---- - I'~.~.,m~r'~-'~' 5 ~ SS~ ~ I ,S · II Ill I ~ i I ~ :l I ~ ~ J i l I ]i:I ~sII I ~iI it .__.:~__ ~_: :l___~ ~ I [I-I1{: zI [ I d ~ ImI I ,} -, { , ' ..,I ' I, , ...,~S~-: l~ , ~ . - .... _/~ ~ ~ ~ ~ ...... ~ i _ _ ~ -~--~ ~-~ : } , ,,= ....... ...... . . ~~ II l" IllIll ,. ~{I J {..,,.,, , '~ I,, ,, ~ ! {, Ii I{l I {l!!l~ I~ ~/::l~ IC ~~ i lllll~l~ i~iJl: Ill, " { . m ~, . - I,I . ._ i ~ ,:,, l,. ,,~,, '{~1~ [~ { ~ . ~:{:[i ~ ! !,.~H i I - 1 EXHIBIT "C" - CONCEPTUAL WATER MANAGEMENT PLAN 'i AGE /~UG 0 ~ ~000 LAKE TYPICAL SECTION AGENDA IT.J~- -- No. '~a~j e AUG 0 1 2000 EXECUTIVE SUMMARY ADOPT AN ORDINANCE TO AMEND THE COLLIER COUNTY ROAD IMPACT FEE ORDINANCE BY CLARIFYING PROVISIONS AND GUIDELINES THAT APPLY TO GOLF COURSE ROAD IMPACT FEES; ALSO TO AMEND PROVISIONS THAT WILL APPLY PROSPECTIVELY OBJECTIVE: To provide clarification of the existing provisions of Ordinance No. 92-22, as amended, the Road Impact Fee Ordinance, and to provide clear and workable guidelines for development and submittal of alternative impact fee calculations. Also to amend Ordinance provisions that will apply prospectively. CONSIDERATIONS: Background: On April 11, 2000, the Clerk of the Circuit Court released a report of the findings of an internal audit regarding the County's calculation and assessment of alternative road impact fees for golf courses. The following table summarizes the audit findings, recommendations, and staff responses to the findings and recommendations: FINDINGS RECOMMENDATIONS STAFF RESPONSE 1 Alternative road impact fee Ensure that all provisions ofConcur. Steps have been taken to calculations were approved butOrdinance No. 92-22 are ensure that future calculations are did not comply with major adhered to. based on appropriate data sources. provisions of Ordinance No. This is also being addressed in the 92-22, particularly regarding development of a new appropriate data sources for administrative procedures manual. calculations. 2i Golf course Road Impact Fees Ensure road impact fees Concur. This will be ~ddressed are not being collected payments are received prior when the Development Review consistently. to golf course construction Module of the CD-Plus System is through the current implemented. Interim steps have permitting system (CD-Plus),been taken to ensure impact fees preferably by requiring a are collected prior to construction. building permit for the construction of a golf course. 3 Procedures manual is not Update and distribute Concur. Distribution complete. distributed to all parties procedures manual to all Update in process. involved and is incomplete. departments. 4 Lack of coordination among Coordinate procedures Concur. The new administrative departments involved in the between all departments procedures manual and the hiring process of assessing and involved in impact fee of an Impact Fee Coordinator are collecting golf course Road calculations. steps that have been taken to Impact Fees. correct this, problem. 5 Alternative road impact fees arePresent Alternative Road Believe it is better to leave this to typically presented to the BCCImpact Fee calculations to the discretion of the Board. as Consent Agenda (routine) the BCC in the Regular Commissioners have moved these items. Agenda because of their items from consent to the regular unusual nature and the agenda on numerous occasionto decision-making required by ask for clarification or additiolal the BCC. information. AUG 0 1 2000 Road Impact Fee Ordinance Amendment - Page 2 Problem Areas Addressed by the Proposed Ordinance: In the wake of the aforementioned internal audit, Community Development and Environmental Services Division personnel have reviewed the written procedures and Guidelines to identify the root causes of problems identified in the audit. The diagnostic review is necessary for staff to correct the causes of the problems and to prevent against any recurrence. Among the findings of this preliminary review, staff has identified a number of deficiencies in the Road Impact Fee Ordinance. Provisions in the Ordinance for the assessment and collection of road impact fees for golf courses are vague and, in some areas, completely missing. The deficiencies are grouped into four (4) main problem areas that have been addressed by the proposed amending ordinance. Commencement of Construction: The County's current Road Impact Fee Ordinance assumes that all road impact construction commences subject to prior issuance of a conventional building permit, but golf courses are not required by any County Ordinance to obtain a conventional building permit prerequisite to beginning construction of the golf course itself. Solution: The proposed Ordinance specifies the events that trigger obligations to pay golf course impact fees and specifies that interest becomes due and payable to the County immediately when any golf course impact fee becomes delinquent, and that building permits may be withheld throughout the unified whole of the development if golf course road impact fees become delinquent. The provisions for withholding building permits specify exceptions to avoid injuring an innocent third party who may purchase a lot or parcel of land from the developer before the developer receives written notice regarding delinquent golf course road impact fees. Data Requirements for Alternative Fee Calculations: Clarification is needed to eliminate confusion among staff and members of the development community regarding the requirements applicable to the data required upon which an alternative impact fee calculation must be based. Among other problems, the existing Guidelines do not adequately take into account seasonal traffic variations that affect such data. It is highly preferable that local traffic impact studies be conducted during the high traffic season. Solution: The proposed Ordinance clarifies the requirements of a local transportation impact study to be conducted in support of an alternative impact fee calculation. The proposed Ordinance identifies the high traffic season as between January 1 through April 30, and requires adjusting data to the high traffic season impacts if the data is not collected during the high traffic season. The applicant/petitioner has the burden of proving that data collected outside of the high traffic season is accurately adjusted to reflect the traffic impacts during the high traffic season. Filing Requirements for Alternative Fee Calculations: Clarification of the minimum filing requirements for alternative impact fee calculations is needed, including with regard to the developer's opportunity to submit an alternative fee calculation to the Board for a review hearing if the application is requested pursuant to procedures applicable to the so-called "Alternative Collection Procedures" specified in Section 3.05 of the Ordinance. Also, some exceptions to strict application of the minimum filing requirements are needed due to the possible impossibility of a developer being able to comply strictly with the existing Guidelines. For example, the Guidelines assume that each developer of a new golf course will necessarily be granted free and prompt physical access to not less than three similar golf courses, to conduct traffic count studies and ask questions of motorists who are v~ :tdng No. AUG 0 1 2000 Road Impact Fee Ordinance Amendment - Page 3 such off-site golf course. Some developers have informed staff that gaining such physical access to similar golf courses simply will not be granted. Solution: The proposed ordinance provides specific, detailed guidelines regarding alternative fee calculations for applications that are not yet in the pipeline as of the effective date of the proposed Ordinance. For example, hereafter no one may apply for an alternative golf course impact fee calculation before paying in full all invoiced golf course road impact fees. 4. Acreage: Clarification is needed to accurately and consistently determine the correct "net" acreage for golf courses for which the road impact fees are calculated on a per acre basis. The proposed Ordinance clarifies and continues application of the past policies. However, road impact fees that attach to a golf course on April 1, 2000 and after will not be based upon acreage of the golf course. Solution: The proposed ordinance adds consistent guidelines for developers to use in determining the "net" acreage upon which to base the calculation of a "per acre" fee. Other Actions Taken: Prior to the audit, staff had retained a consultant to consolidate all Collier County impact fee ordinances into a single document and to update administrative provisions in the current Ordinance to improve and "tighten up" procedures. This task also includes development of a detailed administrative procedures manual. Furthermore, in cooperation with the Clerk of Courts Internal Audit Department, staff has undertaken an in-depth, management study of all administrative procedures and processes related to the County's assessment and collection of impact fees. Community Development and Environmental Services personnel have methodically reviewed County records to determine exact amounts owed and are aggressively pursuing payment. To date, staff has collected $1,483,193.69 of the $2,173,898.61 indicated in the April 11, 2000 internal audit report. o The Planning Services Department is developing a "Land Alteration Permit" to create a reliable triggering mechanism for collecting impact fees related to activities such as golf course construction, excavation, tree removal, and removal of exotic vegetation. These types of land alteration activities currently do not require the issuance of a conventional building permit. FISCAL IMPACT: Staff cannot predict a specific increase in road impact fee revenue associated with these amendments, but adoption of the proposed Ordinance will result in a more reliable mechanism for collecting golf course road impact fees. GROWTH MANAGEMENT IMPACT: The accurate collection of road impact fees is critical to the funding of capital improvements identified in the Capital Improvement Element of the Growth Management Plan. RECOMMENDATION: Ordinance. That the Board of County Commissioners adopt the subject AGENI~F~ No. AUG 0 1 2000 Road Impact Fee Ordinance Amendment - Page 4 SUBMITTED BY: /~ Date: Philli~R. Tindall, Impact Fee Coordinator Jut~/Miller4evenue Manager REVIEWED BY: APPROVED BY: ~ Date: ~7/~ J//~/~ /R~~AICP, Director, Planning Senices Department Vi~c entrieS. ~a~dero, A~nist rDa~t:~, Community Development & Environmental Services Division ORDINANCE NO. 2000- AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 92- 22, AS AMENDED, BY ADDING A NEW SUBSECTION "G" TO SECTION 2.03 THEREIN RELATED TO ROAD IMPACT FEES FOR GOLF COURSES; PROVIDING A SPECIAL PROVISION FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on April 16, 1992, the Board of County Commissioners ("Board") adopted Ordinance No. 92-22, entitled the Road Impact Fee Ordinance; and WHEREAS, the Board desires to clarify the Ordinance Provisions and the Guidelines that apply to applications for alternative road impact fee calculations applicable to golf courses; and WHEREAS, continuously since April 16, 1992, Ordinance No. 92-22, as amended, has specified that only the Board is authorized to grant adjustments to road impact fees, including, but not limited to, alternative road impact fee calculations; and WHEREAS, these amendments to Ordinance No. 92-22 do not apply to any alternative road impact fee calculation that has been approved by the Board prior to the effective date of this Ordinance; and WHEREAS, most of these amendments apply only to applications for alternative road impact fee calculations for golf course road impact fees determined by the acreage of the golf course ("per acre" fees) which may be considered by the Board after the effective date of this Ordinance, but some of these amendments apply to fiat rate golf course road impact fees; and WHEREAS, several provisions of Ordinance No. 92-22 are triggered or otherwise directly affected with regard to issuance of a "building permit" as defined in Section 1.01 therein, but prior to the effective date of this Ordinance, golf courses per se have not been required by Ordinance No. 92-22, or by any other Collier County ordinance, to obtain a conventional building permit for the construction of a golf course per se; and WHEREAS, the Board hereby finds that although the Board has mistakenly accepted local traffic impact studies, no such local traffic impact study shall automatically be deemed to have been "substantially consistent with the criteria" required by Section 2.03 of Ordinance No. 92-22 or by the Alternate Study Guidelines incorporated therein; and WHEREAS, to avoid "retroactive rulemaking," all amendments herein to the Alternate Study Guidelines or to former provisions of Ordinance No. 92-22 shall not be construed to change NO. ~ AUG 0 1 2000 Pg. any such Guideline or Ordinance provision if the affect of such construction would make it more difficult for an applicant to obtain an adjustment to its per acre golf course road impact fees as such provisions then existed prior to the effective date of this Ordinance; and WHEREAS, all amendments to the Guidelines or to Ordinance No. 92-22 which do not make it more difficult for an applicant to obtain an adjustment to its per acre golf course road impact fees shall be applicable to every application for an alternative impact fee calculation for per acre impact fees to be considered by the Board subsequent to the effective date of this Ordinance; and WHEREAS, interpreting the Road Impact Fee Ordinance and/or the Guidelines, and requiring strict compliance with all former applicable Ordinance provisions, and with all applicable Guidelines, as clarified herein, does not constitute retroactive rulemaking; therefore, each application for an alternative road impact fee calculation to be considered by the Board shall comply strictly with all such provisions and Guidelines to the extent each is applicable; and WHEREAS, the County, pursuant to Section 3.05, has mailed a "Notice of Impact Fee Statement" to representatives of several per acre golf courses, none of which has had its application for an alternative road impact fee calculations considered by the Board. Each such per acre golf course can have its application for an altemative road impact fee calculation considered by the Board subject to complying with all applicable provisions of Ordinance No. 92-22, including Sections 3.05 and 3.07, and including all time lines specified therein. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Section 2.03 of Article I of Collier County Ordinance No. 92-22, as amended, is hereby amended by adding a new subsection G, which reads as follows: G. RULES APPLICABLE TO GOLF COURSE ROAD IMPACT FEES. ( 1 ). THESE PROVISIONS ARE SUPERCEDING. Notwithstanding any other provision of this Ordinance or any other Collier County ordinance, the following provisions shall apply to "Golf Course Road Impact Fees" except as expressly provided otherwise in this subsection. Also, as specified, some of these provisions shall apply only to "fixed rate" impact fees, as defined herein. NO. ~ AUG 0 1 2000 (2). DEFINITIONS. In the context of this subsection: "Ordinance No. 92-22" means that Ordinance, as amended. "Board" means the Board of County Commissioners. "Golf Course per se" means all pans of the golf course that could heretofore lawfully be constructed pursuant to Collier County Ordinances without a conventional building permit being required prerequisite to the respective construction, including construction of golf tees, fairways, roughs, greens, parking areas, cart paths, and lakes. "Applied-for golf course" means a golf course for which any application has then been submitted to the County to request an adjustment to the otherwise applicable gold course road impact fees "Golf Course Road Impact Fees" means road impact fees that are applicable to a golf course as a golf course per se. Such impact fees exclude additional road impact fees, if any, required for a building, structure, or any other improvement at the golf course that is not an "accessory building" as defined in Section 1.01, and which construction requires any "building permit" as then defined in any County ordinance. "Complete application" means an application that meets all of the applicable minimum filing requirements as specified in Ordinance No. 92-22 and the "Alternative Impact Fee Guidelines" incorporated therein by reference. "Paid" means payment by cash, cashier's check, bank check, or by other means that is the equivalent of cash, excluding letters of credit, which do not accrue interest while in the possession of the County. As to the specific golf course, if there then exist road impact fees credits that can be imputed to the benefit of the applied-for golf course, credit for those impact fees may be offset against such payment obligations, and "payment" of those fees can be by cash, partly in cash and partly in credits, or wholly in credits (if sufficient transferable credits then exist). "Building Permit" means each conventional building permit for any building or structure as then required as then defined in any County ordinance. "Hearing" means a hearing placed on the Board's public hearing agenda. "Per acre" fees means golf course road impact fees that are calculated based upon the net acreage of the golf course. "Flat rate" fees mean golf course road impact fees that are not calculated based upon the acreage of the golf course. (3). NO RETROACTIVE APPLICATION. This Ordinance shall not affect any road impact fees approved by the Board prior to the effective date of this Ordinance. As to every per acre golf course and to any other golf course for which a complete application for an alternative road impact calculation is submitted to staff within thirty (30) days after the effective date of this 3 No. {~ AUG 0 I 2000 ~ Ordinance, this Ordinance shall not be construed to add any additional requirement or impose any higher standard that makes it more difficult for any such applicant to have its application reviewed by staff or be adjusted by the Board; nor as to such golf courses shall this Ordinance add any requirement, rule, guideline, or standard that makes it more difficult for the applicant to apply for an alternative road impact fee calculation. However, this Ordinance clarifies former Ordinance provisions and Guidelines and requires strict compliance with said former provisions and Guidelines; therefore, this Ordinance shall have no grandfathering affects. All applications for alternative road impact fee calculations hereafter considered by the Board shall comply strictly with all such applicable ordinance provisions and with all applicable Guidelines, as clarified by this Ordinance. (4). ALTERNATE CALCULATION METHOD UNDER SECTION 3.05. Section 3.05 of Ordinance No. 92-22 has since 1992 provided that if the representative(s) of a golf course did not pay the County in full the applicable impact fees prior to the issuance of the first building permit issued for any building or structure at the golf course, the only procedure available to have an alternative road impact fee calculation considered by the Board is pursuant to the "Alternate Collection Method" specified in Section 3.05. Pursuant to subsection 3.05(C), the fee payer has in the past and is now required to request a hearing by making application to the County Manager not later than thirty (30) calendar days after receiving from the County a "Notice of Impact Fee Statement." Subsection 3.05(C) has always intended that failure to submit to the County a request for a hearing as specified shall thereby forfeit any opportunity to have the Board consider an application for an alternative road impact fee calculation for the golf course, which includes any applicant(s) that may allege or assert to have been granted a reduction in its golf course road impact fees by a person or entity other than by submittal to, and approval granted by, the Board. Such notice is to inform the addressee of the requirements for requesting a hearing before the Board, which requirements are, and since 1992 have been, specified in Sections 3.05 and 3.07. All such future required notice shall be adequate by delivering to the addressee the required letter, a copy of Ordinance No. 92-22, a copy of the Alternate Fee Guidelines, and a copy of this Ordinance. (5). REVIEW HEARING. As provided in Section 3.05, a review hearing must be requested by following the requirements of Section 3.07. The definition of "alternative road impact 4 AUG 0 1 2000 fee" in Section 1.01 provides that the Board can consider an application for an alternative road impact fee calculation pursuant to Section 3.07. The minimum filing requirements, which must be contained in the application to the County Manager, are listed in subsection 3.07(D). Subsection 3.07(E) provides that such hearing shall be held within forty-five (45) calendar days of the date the request for the hearing is filed with the County Manager, and that the hearing can be held at a special meeting scheduled by the County Manager or at a regular meeting of the Board. The County Manager should usually attempt to schedule the requested hearing to be conducted by the Board within forty-five (45) days following receipt of the request for the hearing unle~ processing the application to the Board is continued by the County Manager for good cause, including an applicant's written request that processing of the application be delayed. The hearing date is generally of less importance provided the applicant has paid the golf course road impact fees in full to the County. Absent a continuance, failure to submit a complete application on or before its due date shall waive all opportunity for any Board adjustment to the full invoiced golf course impact fees applicable to the golf course. (6). PAYMENT OF PER ACRE ROAD IMPACT FEES UNDER PROTEST. Subsection 3.07(G) provides that if a building permit has been issued without payment of road impact fees, the road impact fees must be paid to the County not later than concurrently when the applicant's request for the heating is filed with the County Manager. By requesting a public hearing, each such payment of impact fees shall thereby be deemed to be paid "under protest" and shall not be construed as a waiver of any of the fee payer's review rights. (7). WITHHOLDING BUILDING PERMITS. Subsection 3,07(H) specifies that an applicant or owner may request a hearing under Section 3.07 without pre-paying in full the applicable road impact fee, but no building permit shall be issued until such impact fees are paid in the amount initially calculated or the amount approved by the Board upon completion of the review by the Board as specified in Section 3.07. Said withholding of building permits applies throughout the unified whole of the respective subdivision, PUD, DRI, or other unit of development. If any such golf course road impact fees are not paid in full to the County by the respective applicable due date, but subject to five (5) work days' advance written notice to the owner or developer, and subject to the exceptions described herein, no additional building permits shall thereafter be issued throughout 5 AGE ND,~, IT.E I~ No. /~ ~-rJ -r AUG 0 1 2000 pgo q _ the unified whole of the respective subdivision, PUD, DRI, or other unit of development unless and until such road impact fees have been paid in full to the County. Phases in the unified whole shall be disregarded for these purposes. This provision applies also to fiat rate golf course road impact fees, subject to the owner or developer receiving a five (5) work days' advanced written notice from the County as specified in subparagraph 16 (b), below. However, the following building permits will not be withheld: Applied for building permits to construct buildings and/or structures upon land that is then sold (and the sales transaction has closed) before receipt by the owner or developer of the written notice from the County that building permits are subject to withholding. Still'f may also issue building permits if staff decides that withholding the respective building permit would unduly injure an innocent third party purchaser of land situate within the unified whole of the development. (8). "RECEIPT" FOR GOLF COURSE IMPACT FEES. When golf course road impact fees are paid in full (in cash or the equivalent of cash) to the County, the County shall upon receipt thereof issue to the fee payer a "receipt" for those golf course road impact fees. The sole purpose of such receipt shall be to prove that the County has received actual payment of all golf course impact fees applicable to that golf course per se. No Collier County employee shall issue any such receipt until he or she has confirmed that Collier County has then been paid all golf course road impact fees applicable to and due from the respective golf course. No "receipt" for golf course road impact fees is to be issued in exchange for any letter of credit. Any employee who issues any such receipt before confirming that all such then due golf course road impact fees have been paid in full in cash, or the equivalent of cash, shall be subject to disciplinary action, up to and including possible termination of employment. (9). MINIMUM FILING REQUIREMENTS. Each now pending and each future application for an adjustment of road impact fees, including an alternative road impact fee calculation, applicable to golf course road impact fees, shall comply with all applicable provisions of Section 3.05 and Section 3.07, and with all applicable provisions of the "Alternative Study Guidelines" incorporated therein, as modifiable per subsection 10, below. Also, as specified in subsection 2.03(C)(3), which shall remain available to all golf courses, alternative road impact fee calculations shall be based on data, information, assumptions and the methodology provided for in Ordinance No. 92-22, including either a local impact fee study that is supported by a data base 6 AGE ~ E AUG o 1 2000 adeqnate for the conclusions contained in such study performed by a professional engineer pursuant to the methodology contained within the impact fee study, or be based upon an independent source that is a generally accepted standard source of transportation engineering or planning or information. No such independent source has heretofore been attempted to be used as any basis for an application for an alternative road impact fee calculation for a golf course, and it is questionable whether any qualifying independent source data even exists in the context of road impact fees applicable to a golf course per se. Each application is subject to the Board's approval, including the possibility that the Board may find that the application does not comply with all of the applicable requirements of Ordinance No. 92-22 and all applicable requirements of the Alternative Study Guidelines, in which event the Board may reject or otherwise deny the application in whole or in part. If an application is denied by the Board in whole or in part on its merits or otherwise, that golf course shall have no further opportunity for any alternative road impact fee calculation regarding golf course road impact fees applicable to the golf course except to the extent, if any, expressly authorized by the Board. (10). MODIFICATION TO MINIMUM FILING REQUIREMENTS BASED UPON IMPOSSIBILITY TO COMPLY STRICTLY WITH THE GUIDELINES. All applications for all alternative golf course road impact fee calculations submitted to staff prior to or subsequent to the effective date of this Ordinance must strictly comply with all applicable provisions of Ordinance No. 92-22, including the Alternative Study Guidelines incorporated therein. Subparagraph 3 (bb) (on page 2) of the Alternate Study Guidelines provides that local study data for trip length and percentage of trips "are normally determined by an origin/destination survey, consisting of motorist interviews" and that County staff will review the proposed location of interviewers, interview forms, dates and times of day for conduction interviews. If an applicant proposing to submit to the Board an alternative road impact fee calculation proves to staff that representatives of the applied-for golf course have made good faith attempts to try to obtain physical access to not less than three (3) other staff approved representative off-site golf courses, but notwithstanding such efforts, the representatives have not been granted or promised prompt and adequate physical access to conduct such motorist imerviews at one or more of the three staff approved off-site golf courses, the applicant shall be allowed to submit to staff the best then available or producible evidence of the required trip length data, including, if applicable, data collected by another applicant. Provided, also, that the 7 AG E.blq~ tT~,~ NO. ~ AUG 0 1 2000 // applicant must prove to staff that such data can logically be imputed to the applied-for golf course. This policy with regard to motorist interviews also applies to collection of trip generation data as provided for in Section 5 of the Guidelines. (11). HIGH TRAFFIC SEASON. Material seasonal fluctuations in road traffic exist in Collier County, whereby the appropriate road impact fees have been and into the indefinite future shall be based upon a development's road impacts during the high traffic season, which is between January I and April 30. Therefore, in Collier County golf course road impact fees are most properly calculated based only on the respective development's impact on roads during the high traffic season. Therefore, each application for an Alternative Road Impact Fee Calculation related to golf course road impact fees should be based on traffic impacts during that high traffic season. It is preferable that a local traffic study be conducted during the high traffic season, but as to per acre impact fees and flat rate impact fees, such data can be collected at other times of the year provided such data can reasonably be extrapolated or otherwise adjusted to reflect the traffic impacts of the respective three (3) off site golf courses during the high traffic season. The impact fee payer must prove to staff the accuracy of either (a) the independent source or (b) the local study, and ifa local study, that the local study shows the traffic impacts of the applied-for golf course when applied during the high traffic season. Data showing trip generation rates, trip lengths and percent (%) of new trips for the applied-for golf course must be a part of each such study to the extent required by the Alternative Study Guidelines, as modified (due to impossibility) by subsection 11, above. (12). INTEREST AND LATE-PAYMENT PENALTIES. Interest on per acre golf course road impact fees shall remain subject to the interest and penalties specified in Section 3.05. The applicable rates shall be as specified in subsection 3.05(C). All golf course road impact fees paid under protest have been and shall continue to be deposited by the County in an interest bearing account. If the Board decides to refund (or grant credit for) some of the paid golf course road impact fees, interest thereon accrued while the fees have been in the County's constructive possession, will be refunded, or credited, pro-rata after deducting the Clerk's expenses of administration and after deducting all late-payment interest and late payment penalties, if any, due to the County. All golf course impact fees heretofore or hereafter paid to the County "under protest" shall be deemed to remain the property of the respective fee payer unless and until it is determined by the Board whether 8 or not there shall be a refund and/or a grant of offset credit with regard to such impact fees paid under protest. If a hearing for an alternative fee calculation is not requested on or before the required f~nal date to submit the application, the respective golf course shall thereby forfeit all opportunity for any adjustment of those fees by the Board; therefore, such impact fees shall thereby automatically become the property of the County. (13). USE OF PREVIOUSLY SUBMITTED DATA. Subsection 2.03 (C) (3) provides that if a traffic impact fee study had been previously submitted to the County and the study was "substantially consistent with the referenced criteria," such previously submitted and Board approved study can be used by the new applicant as part of the new application for an alternative road impact fee calculation. The fact that prior applications have been accepted by the Board prior to the effective date of this Ordinance with regard to golf course road impact fees shall not prove that any such former study was in fact "substantially consistent with the required criteria." Therefore, no such prior Board-accepted traffic study shall be presented to the Board as any basis for trip length and/or percentage of trips unless the applicant proves that the respective prior study (being relied upon by the new applicant) included all such required data and that such data can logically be imputed to the applied-for golf course. Such data will be sufficient if the Board deems that such prior study contained all of the required data and that such data can logically be imputed to the applied-for golf course, and that such data has been extrapolated or otherwise adjusted to reflect the respective trip generations and trip distances during the high traffic season. As to flat rate golf courses, that trip generation data and length of trip data must be based on a study that was, or is, conducted during the high traffic season unless the applicant presents to staff clear and convincing proof that data collected during any other times of the year will not result in a lower requested road impact fee adjustment than would result from a local study conducted during the high traffic season. (14). NET ACREAGE. Effective as of April 1,2000, the rate schedule that applies to golf course road impact fees does not calculate the applicable golf course road impact fees based upon the acreage of the golf course. All such golf course impact fees are "flat rate" fees that are calculated on the number of playable holes at the golf course. However, to continue past policy with regard to applications for alternative road impact fee calculations for per acre golf courses, lakes and rivers 9 AG EN, D~,~r,E, Ivl ' )/ AUG 0 1 2000 at the golf course shall be excluded from the gross acreage utilized to calculate the respective golf course road impact fees. Also, preserve areas, whether or not mandated by any government, shall continue to be excluded from the applicable gross acreage. Also, as has been the past policy, building permit fees applicable to conventional building permits for accessory buildings only (as defined in Section 1.01) at the golf course shall be credited as "paid" golf course road impact fees for the golf course per se. Also, as has been past policy, road impact fees for all other buildings or structures shall not be credited to the road impact fees for the golf course per se. (15). GRANT OF ADDITIONAL TIME. Provided the County has been paid in full for all invoiced golf course road impact fees for the respective golf course, applications for alternative road impact fee calculations that are submitted on time and are deemed by the County Manager, or the County's Impact Fee Coordinator, to be a good faith attempt to meet all of the minimum filing requirements, may be granted reasonable additional time to amend and otherwise make the application complete. Each applicant shall have the burden of proving the need for such additional time and that the delay is due to circumstances reasonably beyond the control of the applicant. No unnecessary delay shall be tolerated, especially with regard to all applicants, if any, that have not then paid to the County its full per acre golf course road impact fees pursuant to subsection 3.07 (H). Subsection 3.07(H) shall not apply to any flat rate golf course impact fees. (16). FLAT RATE GOLF COURSE ROAD IMPACT FEES. The following provisions shall apply to "flat rate" golf road impact fees. All of the same being the road impact fees which became applicable to the golf course as of April 1, 2000, and which are not calculated based on the acreage of the golf course. a. CERTIFICATE OF COMPLETION. Utilization by the public or by any members of a flat rate golf course shall not commence until a Certificate of Completion is issued by the County for the golf course. No Certificate of Completion shall be issued until all required improvements have been complied with, all inspections have been passed, and all impact fees have been paid in full. b. WHEN FLAT RATE ROAD IMPACT FEES BECOME DUE; LAND ALTERATION PERMITS. Flat rate golf course road impact fees must be paid in full as a pre-condition of County approval, as to the unified whole of the development where the golf course is to exist, of the initial 10 AGE .o. AUG 0 1 2000 Site Development Plan (SDP), Site Improvement Plan (SIP), or before, and as a condition of, issuance of a Preliminary Work Authorization (PWA), for that unified whole, whichever is applicable and whichever occurs first. The owner of each golf course shall cause to be delivered to staff the full golf course road impact fees, whereupon the fee payer will be issued a "Land Alteration Permit." c. OPTIONAL LETTER OF CREDIT. At the option of the owner or developer, and in lieu of actuat payment of the aforesaid flat rate golf course road impact fees, a letter of credit may be submitted to staff in the full amount of such fees. Each letter of credit must be accompanied by a letter specifying, in meaningful detail, plans and tentative plans, if any, to construct any building or structure at the golf course that then appears to require a conventional building permit, plus all definite and indefinite intentions to construct paved or unpaved golf cart paths, vehicle parking lot(s) or other parking area(s) at the golf course, and including all projected time(s) that the first building permit is expected to be applied for, and, if applicable, the expected commencement date(s) of all of the other above-described cart path, and/or parking area construction. All such construction shown of any preliminary plan(s) or preliminary approval(s) issued by the County shall be presumed to be planned. Each letter of credit shall have a date of expiry of not less then 365 days from its commencement date and must be presentable for cash within Florida. Each letter of credit must be approved by an attorney in the County Attorney's Office before the Land Alteration Permit shall be issued. The attorney should approve the letter of credit if the letter of credit is found by the attorney to be acceptable as to form and legal sufficiency. No Land Alteration Permit shall be issued until all conditions of approval of the Site Development Plan (SDP), Site Improvement Plan (SIP), or Preliminary Work Authorization (PWA), as the case may be, have been fully complied with. Failure to meet the respective due date shall render the golf course road impact fees to automatically become delinquent. In each instance where the County has possession of an approved letter of credit from a flat rate golf course and the golf course's first conventional building permit is not applied for and issued before the expiration date (or any earlier termination or threatened termination) of the letter of credit, the letter of credit must be extended or the impact fees must then be paid in full. Failure to extend the letter of credit, or failure to keep the letter of credit continuously and fully viable, or failure to then pay the impact fees in full shall automatically render the impact fees to be delinquent 11 AG EI~,~'E! No. f,,~. ~ AUG 0 1 2000 and thereby become subject to interest and late payment penalties commencing as of the first over- due date. Also, building permits within the unified whole of the development, and subject to the exceptions in paragraph 8, above, may be withheld provided staff gives at least five (5) work days' advance written notice to the owner, or the developer, of the potential for withholding building permits. Each flat rate golf course, if any, that acquired its SDP, SIP or PWA prior to the effective date of this Ordinance or otherwise, but as of the effective date of this Ordinance has not paid in full its flat rate golf course road impact fees, or, in lieu thereof, has not delivered to staff its optional letter of credit along with all required written information, the owner of each such golf course must submit the required items to staff not later than thirty (30) days after the effective date of this Ordinance. d. WHEN FLAT RATE IMPACT FEES BECOME DUE IN LETTER OF CREDIT CASES. In every instance where a flat rate golf course has submitted a letter of credit (and all other required information), and the letter of credit has then been approved, the golf course road impact fees must be paid in full immediately upon the occurrence of any of the following events, whichever occurs first: If the letter of credit expires, or is terminated and is not immediately renewed or replaced; or when the first building permit is issued (of was required but was not applied for) for any building or structure at the golf course that, pursuant to any County ordinance, then requires a separate building permit for the respective building or structure at the golf course, including clubhouse, pro shop, restaurant, golf cart barn, or any combination thereof; or prior to commencing any construction of any paved or unpaved golf cart path, vehicle parking lot or parking area at the golf course. "Commencing construction" means the earliest of any of the following: staking out any part of any golf cart path, parking lot or parking area, or contouring any land upon which any part of any such golf course cart path, parking lot or parking area is planned to be laid-out, paved, graveled, or graded. Commencing any such construction before having actually paid the golf course road impact fees in full to staff shall automatically render the golf course road impact fees delinquent from the first day such construction commenced without the fees having been paid in full to staff when due. e. PAYMENT OF FLAT RATE IMPACT FEES UNDER PROTEST. At the time of payment of flat rate road impact fees, the fee payer must specify in writing to staff whether or not 12 AGE ND.~EI-TG.M NO. ~ AUG 0 1 2000 pg. such fees are being paid "under protest" and whether or not the landowner is reserving its opportunity to apply for any adjustment for such fees, including an alternative road impact fee calculation for the golf course. If the alternative road impact fee calculation are to be based upon a new local traffic study, said study shall be conducted during the high traffic season unless the applicant can prove otherwise to staff as specified in subsections 10 and/or 13, above. In all events a complete application shall be delivered to staff not later than the following May 31; also the hearing thereon should bescheduled to be conducted by the Board within the subsequent thirty (30) days. Failure to deliver the complete study by the due date shall constitute a waiver of all opportunities to have the Board consider any adjustment to such fees unless extension of time is granted per subsection 15. f. NO ONE YEAR DELAY. The one-year delay provided for in subsection 3.05 (F) of Ordinance No. 92-22 shall not apply to flat rate fees, whereby the County Attorney may foreclose on the golf course lien as soon as the then applicable laws allow. g. DELINQUENT FLAT RATE IMPACT FEES. Notwithstanding any other provision of Ordinance No. 92-22, or of this subsection G, all fiat rate impact fees not paid to the County by their respective due date shall automatically be delinquent and shall thereby automatically be subject to interest payable to the County and penalty charges commencing on the first over-due date. The interest and penalty rates shall be at the rates then specified in subsection 3.05 (C). All "notices" from Collier County may be delivered by any then lawful manner or means. Failure to pay all flat rate golf course road impact fees when due shall constitute an automatic waiver of all opportunity for any adjustment to any golf course road impact fees for that golf course. The waiver can be removed only by the Board for good cause after a hearing before the Board. SECTION TWO: SPECIAL CONFLICT AND SEVERABILITY PROVISIONS. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, this ordinance shall supercede to the extent of all such conflicts. 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. 13 ^G EH I;~,-JTl[ No. AUG 0 1 2000 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 Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", 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: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: Deputy Clerk TIMOTHY J. CONSTANTINE, Chairman Approved as to form and 16gal sufficiency: Thomas C. Palmer Assistant County Attorney h/tcp/hennie/ordinances/2000/road impact fees/FINAL/7-18-00 14 AGE NpAI/I~E~t No. ~ AUG 0 1 2000 EXECUTIVE SUMMARY AUTHORIZATION OF A 100% WAIVER OF IMPACT FEES FOR ONE HOUSE TO BE BUILT BY CRESCENCIO LOPEZ AT 671 12fl~ AVENUE NE.. IN GOLDEN GATE ESTATES. COLLIER COUNTY, FLORIDA OBJECTIVE: The Board of County Commissioners accept the Resolution and Agreement 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 one house to be built by Crescencio Lopez, with funds from the Affordable Housing Trust Fund. CONSIDERATIONS: Antonio Ramirez has submitted an aPtPhlication for a 100% waiver of impact fees for one house to be built by Crescencio Lopez at 12t Avenue NE., Golden Gate Estates, in Collier County, as a very low income, first time home buyer and qualifies for an impact fee waiver under the provisions of the Impact Fee Waiver Ordinances. The house is proposed to sell for $90.200.00. 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 $4.736.34. a) Library System Impact Fee $ 180.52 b) Road Impact Fee 1,379.00 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 Ttal Impact Fees to be Waived $4,736.34 GROWTH MANAGEMENT IMPACT: The impact fee waiver will bring relief for a very low income family in compliance with Policy 1.5.2 of the Housing Element of the Growth Management Plan. Executive Summary ~o. _/r.~/+ t AUG o 1 2000 , Pg'__../ --~ Impact Fee Waiver Page Two RECOMMENDATION: The Board of County Commissioners accept the Resolution and Agreement authorizing the waiver of impact fees for a home to be built at 671 12th Avenue NE.. Golden Gate Estates. in Collier County, by Crescencio Lopez, a very low' income family, and to direct the Finance Department to pay for these impact fees immediately with State Housing Incentive Partnership (S.H.I.P.) program revenue funds. Prepared by: Lauren J. Beard, Pl'drme~-I - Housing and Urban Improvement Date --~- \\-C~C) Reviewed by: ~~ C~eg 1V~ihali~,-Die~'ctor Housing anl Urban Improvement VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEVELOPMENT 8,: ENVIRONMENTAL SERVICES AOI~qI~AT~M 2000 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 RESOLUTION NO. 2000- RESOLUTION OF THE BOARD OF COLrNTY COMMISSIONERS, COLLIER COL~TY, FLORIDA, AUTHORIZING I00% WAIVER OF CORRECTIONAL FACILITIES 1MPACT 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 CRESCENCIO LOPEZ AT 671 12':n AVENUE NE.? GOLDEN GATE ESTATES. COLLIER COU.n'4TY, 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 Hopsing 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 Count), 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, Crescencio Lopez is seeking a 100% waiver of impact fees; and WHEREAS, Crescencio Lopez will construct a three (3) bedroom unit (the "Dwelling Unit") at 671 17 Avenue NE.. in Golden Gate. Collier County, Florida; which is proposed to sell for Ninety Thousand Two Hundred Dollars ($90,200.00), and WHEREAS, the Dwelling Unit will be owned by a very low income household, and WHEREAS, Crescencio Lopez submitted to the office of the Housing and Urban Improvement Department an Affordable Housing Application dated Jtme 21, 2000 for a waiver of impact fees for the construction of a house at 671 12th Avenue NE., Golden Gate Estates, Collier County, Florida, a copy of said application is on file in the Housing and Urban Improvement Department; and WItEREAS, 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 AGE~D~A AUG 0 1 2000 - i - 1 Ordinance. Ordinance No. 92-33. as amended; an applicant may obtain a waiver of impact fees by 2 qualifying for a waiver: and 3 WHEREAS, Crcsccncio l.opez has qualified for an impact fee waiver based upon the 4 following representations made by Crescencio Lopez: 5 A. The Dwelling Unit shall be owned by a first-time home buyer. 6 B. The Dwelling Unit shall be owned by a household with a very low income level as 7 that term is defined in the Appendices to the respective Impact Fee Ordinances and the 8 monthly payment to purchase the unit must be within the affordable housing 9 guidelines established in the Appendices to the respective Impact Fee Ordinances. 10 C. The Dwelling Unit shall be the Homestead of the owner. 11 D. The Dwelling Unit shall remain affordable for fifteen (15) years from the date the 12 certificate of occupancy is issued. 13 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 14 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: 15 I. The Board of County Commissioners hereby authorizes the County ,Administrator to t6 issue an Authorization for waiver of impact fees to Crescencio Lopez for one (1) 17 house which shall be constructed at 671 12th Avenue NE., Golden Gate Estates, 18 Collier County, Florida. 19 2. Upon receipt by the Housing and Urban Improvement Director of an agreement for 20 waiver signed by Crescencio Lopez, or other documentation acceptable to the County 21 Attorney, the Board of County Commissioners hereby authorizes the payment by 22 Collier County of the following impact fees from the Affordable Housing Trust Fund, 23 Fund (191), in the following amounts for the one (1) house to be built at 671 24 Avenue NE., Golden Gate Estates, Collier County, Florida by Crescencio Lopez: 25 26 A. $ 180.52 27 B. 1,825.00 28 C. 820.84 29 D. 14.00 30 E. 31 1,778.00 32 33 F. 117.98 34 35 $ 4,736.34 Library Impact Fee Road Impact Fee Parks Impact Fee: EMS Impact Fee Educational Facilities System Impact Fee Correctional Facilities Impact Fee Total Impact Fees -2- AGE I EM AUG 0 1 2000 I 3. The payment of impact fees by Collier County is subject to the execution and 2 recordation of an Affordable Housing Agreement for payment of Collier Coum 3 Impact Fees between the property owner and/or purchaser and the County. 4 4. Based upon sufficient evidence provided by Owner. O~er has demonstrated that a 5 subordination of the County's rights, interests and lien to that certain mortgage loan 6 from Markel Street Mortgage to the Owner in the amount of $88.589.00 is necessary 7 to obtain financing to purchase the Dwelling Unit. 8 This Resolution adopted after motion, second and majority vote favoring same. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 DATED: ATTEST: DXVIGHT E. BROCK, Clerk By: Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COU:~TY, FLORIDA By: TIMOTHY J. CONSTANTINE, CHAIRMAN Approved as to form and legal sufficienc~ . Th o~n~a)s ~.i~al~er~~ Assistant County Attorney -3- / UG 0 1 zoool 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 EXHIBIT "A" LEGAL DESCRIPTION CRESCENCIO LOPEZ RESIDENCE THE EAST 75 FEET OF THE WEST 150 FEET OF TRACT 108, GOLDEN GATE ESTATES, U'~IT 18, AS RECORDED IN PLAT BOOK 5, PAGES 117-123, OF THE PUBL1C RECORDS OF COLLIER COUNI'Y, FLORIDA. -4- AUG 0 1 zooo · AGENDA J,TE No. /(,~' L 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 Cresccncio Lopez, 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 AGENDAJT. E M No. ~ ~'t I AUG o 1 2000 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 that Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. ,2000; and the OWNER enter into an following: ao Unit; and OWNER is the owner of record of the Dwelling Unit and o 3 fees in the total amount of $4,7_6.M pursuant to the - 2 - 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 No. ~tt?~?'11 xtpact Fee /~UG 0 1 2000 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 Commissiorler.q. execution of this Agreement by the Chairman of the Board of County - 3 - [ AUGO12000 11. DEFAULT. O~,5NER 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: P~int -'" Name Pnnt Nine OWNER: - 4 - Crescencio Lopez AGENDA LTk~ mo. //-?9. t AUG o 1 2000 STATE OF Florida COUNTY OF Collier The foregoing instrument was acknowledged before me this by Crescencio Lopcz. He is personally known to me or has produced ~ v x~,c-~ identification. [NOTARIAL SEAL] Signature of Person Tak~g Acknowledgment ~ mcouM~ss~os,cc**7~os ~ame of Acknowledger Typed, Printed or Stamped 1-800-3-NOTAR¥ Fla. Nola~ Services & Bonding Co ~ DATED: ATTEST:' DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ,2000 as By:_ Deputy Clerk Approved as to form and legal sufficiency Th[omas C. Palmer Assistant County Attorney By: TIMOTHY J. CONSTANTINE, CHAIRMAN A~3 EI~A I~E~4 No. I t,o J~' / AUG 0 1 2000 EXECUTIVE SUMMARY AUTHORIZATION OF A 100% WAIVER OF IMPACT FEES FOR THIRTY HOUSES TO BE BUILT BY HABITAT FOR HUMANITY IN CARSON LAKES SUBDIVISION, 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 Humanity has submitted thirty applications for 100% waiver of impact fees for thirty houses to be built by Habitat for Humanity for Lots 10 through Lot 40, except Lot 26, Carson Lakes Subdivision, Phase I, in Immokalee, 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 $4,736.34 per home. This totals $142,090.20 for all thirty 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 Total Impact Fees to be Waived/Deferred $4,736.34 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. AUG 0 1 2000 Executive Summary Habitat Impact Fee Waiver Page Two RECOMMENDATION: The Board of County Commissioners accept the Resolutions and Agreements authorizing the waiver of impact fees for homes to be built at Lot 10 through 40, except Lot 26, Carson lakes Subdivision, Pahe I, in Immokalee, 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: Lauren J. Beard, Ptar~'e"f3 Housing and Urban Improvement Reviewed by: VINCENT A. CAUTERO, AICP, ADMINISTRATOR Date'~/~/~ b 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 waiver; and "o. ~ AUG 0 1 2000 -- 'l -- 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. The Dwelling Unit shall be sold to a household with a very low income as defined in the appendices to the Impact Fee Ordinance and his/her monthly payments to purchase the Dwelling Unit shall be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; b. The Dwelling Unit shall be sold to a first-time home buyer; c. The Dwelling Unit shall be the homestead of owner; d. The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and e. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $4,736.34 pursuant to the Impal;t Fe~. !L'~r~,'~ - p. - AUG 0 I ZOOI 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.^~.l~yAv - NO....~.~, AUG 0 1 7000 -- ~ -- 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 attomeys fees, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. Witnesses: OWNERS: HABITAT FOR [tUMANITY OF COLLX R Samue, l~. Durso, M.D., Presk ent t UG 0 1 2000 STATE OF Florida COUNTY OF Collier The foregoing instrument was acknowledged before me this 250 day of -~-.~,~xe_. ,2000 by Samuel J. Durso, M.D., President of Habitat for Humanity of Collier County, Inc. He is personally known to me. [NOTARIAL SEAL] Signature of Person--T--ate)ng'~,;~cckno~i~edgment ~~ u~,~,~98 ~ame of Ao~owledger Typed, Printed or Stamped ~-8~3-NOTARY Fla No~. S~ices & Bonding Co ~ 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 Thomas C. Palmer Assistant County Attorney - 5 AUG 0 1 2000 EXHIBIT "A" LOT 10 OF CARSON LAKES AS SHOWN ON THE PLAT THEREOF AS RECORDED IN PLAT BOOK 34, PAGES 94 THROUGH 96, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. AUG 0 1 2000 1 2 3 4 5 6 7 8 9 10 11 12 13 14 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 HABITAT FOR HUMANITY OF COLLIER COUNTY, INC., ON LOT I0, CARSON LAKES SUBDIVISION PHASE I, COLLIER COUNTY, FLORIDA. WHEREAS, Collier County has recognized and attempted to address the lack of adequate and affordable 15 housing for moderate, low, and very-low income households in the County and the need for creative and innovative 16 programs to assist in the provision of such housing by including several provisions in the Collier County Growth 17 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 18 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 19 policy 2.1.6 of the Housing Element; and 20 WHEREAS, Collier County has received funding pursuant to the State Housing Initiatives Partnership Program 21 set forth in Section 420.907 et. seq., Florida Statutes and Chapter 91-37, Florida Administrative Code; and 22 WHEREAS, in accordance with Collier County Ordinance No. 93-19, the County is authorized to use funding 23 from the State Housing Initiatives Partnership [SHIP] Program for waivers of Collier County impact fees; and 24 WHEREAS, Habitat for Humanity of Collier County, Inc. is seeking a waiver of impact fees; and 25 WHEREAS, Habitat for Humanity of Collier County, Inc. will construct one (1) three-bedroom unit (the 26 "Dwelling Unit") on Lot 10, Carson Lakes Subdivision Phase I which is proposed to sell for Fifty-Two Thousand Five 27 Hundred Dollars ($52,500.00); and 28 WHEREAS, the Dwelling Unit wili be purchased by a very low income household which is required to invest a 29 minimum of five hundred (500) hours of "Sweat Equity" before it obtains title to the house; and 30 WHEREAS, Samuel J. Durso, M.D., President of Habitat for Humanity of Collier County, Inc., submitted to 31 the Office of Housing and Urban Improvement an Affordable Housing Application dated April 1, 2000 for a waiver of 32 impact fees for the construction of a house on Lot 10, Carson Lakes Subdivision Phase 1, a copy of said application is 33 on file in the Housing and Urban Improvement Department; and 34 WHEREAS, in accordance with Section 3.04 of the Regional Water and/or Sewer Systems Impact Fee 35 Ordinance, Ordinance No. 98-69; Section 3.04 of the Library System Impact Fee Ordinance, Ordinance No. 88-97, as 36 amended; Section 4.05 of the Parks and Recreational Facilities Impact Fee Ordinance, Ordinance No. 99-39, Section 37 3.04 of the Road Impact Fee Ordinance, Ordinance No. 92-22, as amended; Section 3.05 of the Emergency Medical 38 Services System Impact Fee Ordinance, Ordinance No. 91-71, as amended; Section 3.05 of the Educational Facilities 39 System Impact Fee Ordinance, Ordinance No. 92-33, as ranended; Section 3.04 of the Correctional Facilities Impace 40 Fee Ordinance, Ordinance No. 99-52, an applicant may obtain a waiver of impact fees by qualifying for a waiver; and 41 1 AUG 0 1 2000 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 I WHEREAS, Habitat for Humanity of Collier County, Inc. has qualified for an impact fee waiver based upon 2 the following representations made by Habitat for Humanity &Collier County, Inc.: 3 A. The Dwelling Unit shall be sold to a first-time home buyer. 4 B. The Dwelling Unit shall be sold to a household with a very low income level as that term is defined in 5 the Appendices to the respective Impact Fee Ordinances and the monthly payment to purchase the unit 6 must be within the affordable housing guidelines established in the Appendices to the respective Impact 7 Fee Ordinances. 8 C. The Dwelling Unit shall be the Homestead of the owner. 9 D. The Dwelling Unit shall remain affordable for fifteen (15) years from the date the certificate of 10 occupancy is issued. 11 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER 12 COUNTY, FLORIDA, that: 13 1. The Board of County Commissioners hereby authorizes the County Administrator to issue an 14 Authorization for waiver of impact fees to Habitat for Humanity of Collier County, Inc. for one (1) 15 house which shall be constructed on Lot I0, Carson Lakes Subdivision Phase 1, Collier County, 16 Florida. 2. Upon receipt by the Housing and Urban Improvement Director of an agreement for waiver of impact fees signed by Habitat for Humanity of Collier County, Inc., and/or the purchaser, or other documentation acceptable to the County Attorney, the Board of County Commissioners hereby authorizes the payment by Collier County of the following impact fees from the Affordable Housing Trust Fund, Fund (191), in the following amounts for the one (1) house to be built on Lot 10, Carson Lakes Subdivision Phase 1 by Habitat for Humanity of Collier County, Inc.: 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 3o 180.52 1,825.00 820.84 14.00 1,778.00 117.98 $4,736.34 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 AGE I AUG o 1 2000 This Resolution adopted this __ majority vote favoring same. 5 6 DATED: 7 8 ATTEST: 9 DWIGHT E. BROCK, Clerk 10 11 12 By:. 13 Deputy Clerk 14 15 16 Approved as to form and 17 legal sufficiency: 19 ~ 21 Thomas C. Palmer 22 Assistant County Attorney 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 59 day of ., 2000, after motion, second and BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:. TIMOTHY J. CONSTANTINE, CHAIRMAN 3 AGEN[1A.I~E~ No. /L//'7g,z AUG 0 1 2000 N89'46'41 "E EXISTING ZONING A/MH (UNDEVELOPED) 10.0' LANDSCAPE BUFFER N89'46'41 "E 762.05 1521.74' N89'46'41"E 559.71 i 11 t.lJ 7Z 0 ""1 EXISTING LAKE 6.5 ACRES 20.0' L.A.£. 59 40 42 44 20.0' LAKE ACCESS EASEMENT ZONING V.R. EXISTING LAKE 8.5 ACRESj 12.0' CONC. DRIVE APRON 20.0' LAKE MAINTENANCE EASEMENT OUT P 1.2 AC 20.0' LAKE ACCE DRAINAGE EASE~ 26 20,0" LA.E. DE 69 68 67 66 65 64 65 62 61 60 59 EXHIBIT "A" LOT 10 OF CARSON LAKES AS SHOWN ON THE PLAT THEREOF AS RECORDED IN PLAT BOOK 34, PAGES 94 THROUGH 96, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. No. I~ AUG 0 1 2000 Executive Summary 2000 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE MARCO ISLAND FILM FESTIVAL REGARDING ADVERTISING AND PROMOTION OBJECTIVE: To have the Board of County Commissioners approve this agreement between Collier County and the Marco Island Film Festival regarding advertising and promotion. CONSIDERATION: On April 17, 2000, the Tourist Development Council reviewed an application for the Marco Island Film Festival in the amount of $42,000 regarding advertising and promotion for this event. The event was recommended for funding by a unanimous vote (7-0). On June 27, 2000, the Board of County Commissioners approved an increase for this event by $45,000 to make the total for this event $87,000. Since advertising and promotion of this event was not included in the contract between Collier County and the Tourism Alliance, staff is recommending that an agreement be established between Collier County and the Marco Island Film Festival. FISCAL IMPACT: Funds are available from the Tourist Development Tax Fund. A budget amendment will be required to allocate funds to this project. GROWTH MANAGEMENT IMPACT: None RECOMMENDATIONS: That the Board of County Commissioners accept the FY2000 Tourism Development agreement between Collier County and the Marco Island Film Festival, approve the associated budget amendment, and authorize the Chairman to sign the agreement. Ja~E.' E~ichhomfTD~ Coo~di'~ator H~t~sing and Urban Improvement Date REVIEWED BY_L/~'~'~ Greg Miha~c~, ~rectc[r Date H~~ Urban Improvement APPROVED B , Vincent A. Cautero, AICP Administrator Date Community Development & Environmental Services AGE~~ .o. AUG 0 1 2000 2000 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND MARCO ISLAND FILM FESTIVAL, INC. REGARDING 2000 MARCO ISLAND FILM FESTIVAL THIS AGREEMENT, is made and entered into this __ day of , 2000, by and between the Marco Island Film Festival, Inc., a Florida corporation, hereinafter referred to as "GRANTEE" and Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY". WHEREAS, the COUNTY has adopted a Tourist Development Plan (hereinafter referred to as "Plan") funded by proceeds from the Tourist Development Tax; and WHEREAS, the Plan provides that certain of the revenues generated by the Tourist Development Tax are to be allocated for the promotion and advertising of Collier County nationally and internationally and for the promotion and advertising of activities or events intended to bring tourists to Collier County; and WHEREAS, GRANTEE has applied to the Tourist Development Council and the County to use Tourist Development Tax funds for the promotion and advertising of the Marco Island Film Festival, to be held on October 11-15, 2000 (the "Event"); and WHEREAS, the COUNTY desires to fund the proposed advertising and promotion pursuant to this Agreement. NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS AND PREMISES PROVIDED HEREIN, AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY AGREED AS FOLLOWS: 1. SCOPE OF WORK: In accordance with the Budget attached as Exhibit "A", the GRANTEE shall provide advertising and promotion of the Event, to be held October 11-15, 2000. The date(s) of the Event may not be changed without an amendment to this Agreement as provided in Section 17. 2. PAYMENT: The amount to be paid under this Agreement shall be Eighty- seven Thousand ($87,000). 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 receive AUG 0 1 000 GRANTEE shall determine that the goods and services have been properly provided, and shall submit invoices to the County Administrator or his designee. The County Administrator or his designee shall determine that the invoice payments are authorized and the goods or services covered by such invoice have been provided or performed in accordance with such authorization. The line item budget attached as Exhibit "A" shall constitute authorization of the expenditure described in the invoices provided that such expenditure is made in accordance with this Agreement. Each invoice submitted by GRANTEE shall be itemized in sufficient detail for audit thereof and shall be supported by copies of corresponding vendor invoices and proof of receipt of goods or performance of the services invoiced. GRANTEE shall certify in writing that all subcontractors and vendors have been paid for work and materials from previous payments received prior to receipt of any further payments. The COUNTY shall not pay GRANTEE until the Ex-Officio 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 percent (10%) of any line item must be authorized by the County Administrator or his designee. 3. ELIGIBLE EXPENDITURES: Only eligible expenditures described in Section 1 will be paid by COUNTY. Any expenditures paid by COUNTY which are later deemed to be ineligible expenditures shall be repaid to COUNTY within 30 days of COUNTY's written request to repay said funds. COUNTY may request repayment of funds for a period of up to three years after termination of this Agreement or any extension or renewal thereof. 4. INSURANCE: naming Collier County, Development Council as additionally insured. GRANTEE is required to submit a Certificate of Insurance and its Board of County Commissioners and the Tourist The certificate must be valid for the 2 AGENDj~fiTE# No. AUG 0 1 2000 duration of this Agreement, and be issued by a company licensed in the State of Florida, and provide General Liability Insurance for no less than the following amounts: BODILY INJURY LIABILITY $300,000 each claim per person PROPERTY DAMAGE LIABILITY $300,000 each claim per person PERSONAL INJURY LIABILITY $300,000 each claim per person WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY- Statutory The Certificate of Insurance must be delivered to the County Administrator or his designee within ten days of execution of this Agreement by the COUNTY. The GRANTEE shall not commence promotional and advertising activities which are to be funded pursuant to this Agreement until the Certificate of Insurance has been received by the COUNTY. 5. MONTHLY REPORTS: GRANTEE shall provide to County monthly reports on the duties performed and services provided by GRANTEE, its vendors or subcontractors, pursuant to this Agreement. The report shall identify the amount spent during the preceding 30 days and the duties performed, and the services provided and goods delivered during said period. GRANTEE shall take reasonable measures to assure the continued satisfactory performance of all vendors and subcontractors. 6. CHOICE OF VENDORS AND FAIR DEALING: GRANTEE may select vendors or subcontractors to provide services as described in Section 1. COUNTY shall not be responsible for paying vendors and shall not be involved in the selection of subcontractors or vendors. GRANTEE agrees to disclose any relationship between GRANTEE and the subcontractors or vendors, including, but not limited to, similar or related employees, agents, officers, directors and/or shareholders. COUNTY may, in its discretion, object to the reasonableness of expenditures and require payment if invoices have been paid under this Agreement for unreasonable expenditures. The reasonableness of the expenditures shall be based on industry standards. 7. INDEMNIFICATION: The GRANTEE shall hold harmless and defend COUNTY, and its agents and employees, from any and all suits and actions including attorney's fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this Agreement or work performed thereunder. This provision shall also pertain to any claims brought against the C~ ~ n,T~rx7 3 AUG 0 1 ZOO0 by any employee of the named GRANTEE, any subcontractor, or anyone directly or indirectly employed or authorized to perform work by any of them. The GRANTEE's obligation under this provision shall not be limited in any way by the agreed upon Agreement price as shown in this Agreement or the GRANTEE's limit of, or lack of, sufficient insurance protection. 8. NOTICES: All notices from the COUNTY to the GRANTEE shall be in writing and deemed duly served if mailed by registered or certified mail to the GRANTEE at the following address: Maury Dailey, President Marco Island Film Festival, Inc. P.O. Box 2002 Marco Island, FL 34146 All notices from the GRANTEE to the COUNTY shall be in writing and deemed duly served if mailed by registered or certified mail to the COUNTY to: County Administrator c/o Housing & Urban Improvement Director 3050 N. Horseshoe Drive, Suite 145 Naples, FL 34104 The GRANTEE and the COUNTY may change the above mailing address at any time upon giving the other party written notification pursuant to this Section. 9. NO PARTNERSHIP: Nothing herein contained shall be construed as creating a partnership between the COUNTY and the GRANTEE, or its vendor or subcontractor, or to constitute the GRANTEE, or its vendor or subcontractor, as an agent or employee of the COUNTY. 10. TERMINATION: The COUNTY or the GRANTEE may cancel this Agreement with or without cause by giving 30 days advance written notice of such termination pursuant to Section 8 and specifying the effective date of termination. If the COUNTY terminates this Agreement, the COUNTY will pay the GRANTEE for all expenditures incurred, or contractual obligations incurred with subcontractors and vendors, by GRANTEE up to the effective date of the termination so long as such expenses are eligible. Provided, however, or if GRANTEE fails to hold 4 the event or ~ct]w~t~.EN~5,~,'rS~ .~ / UG 0 1 000 GRANTEE shall pay to COUNTY all funds expended by COUNTY pursuant to this Agreement, unless the Board of County Commissioners determines that the completed promotion and advertising of the event or activity were sufficient to justify the use of tourist development tax funds. 11. GENERAL ACCOUNTING: GRANTEE is required to maintain complete and accurate accounting records and keep tourism funds in a separate checking account. All revenue related to the Agreement should be recorded, and all expenditures must be incurred within the term of this Agreement. 12. AVAILABILITY OF RECORDS: GRANTEE shall maintain records, books, documents, papers and financial information pertaining to work performed under this Agreement. GRANTEE agrees that the COUNTY, or any of its duly authorized representatives, shall, until the expiration of three (3) years after final payment under this Agreement, have access to, and the right to examine and photocopy any pertinent books, documents, papers, and records of GRANTEE involving transactions related to this Agreement. 13. PROHIBITION OF ASSIGNMENT: GRANTEE shall not assign, convey, or transfer in whole or in part its interest in this Agreement without the prior written consent of the COUNTY. 14. TERM: This Agreement shall become effective on , [date Board approves] and shall remain effective for one year. The GRANTEE shall request an extension of this term in writing at least thirty (30) days prior to the expiration of this Agreement, and the COUNTY may agree by amendment to this Agreement to extend the term for an additional one year. Any funds not used by GRANTEE during the term of this Agreement and any extension thereto shall be available for future applicants. 15. EVALUATION OF TOURISM IMPACT: GRANTEE shall monitor and evaluate the tourism impact of GRANTEE's activities, explaining how the tourism impact was evaluated and shall provide a written report to the County Administrator or his designee, along with a final budget analysis, within ninety (60) days of the date of the Event. 5 AUG 0 1 000 16. REQUIRED NOTATION: All promotional literature and media advertising must prominently list Collier County as one of the sponsors. 17. AMENDMENTS: This Agreement may only be amended by mutual agreement of the parties and after recommendation by the Tourist Development Council. IN WITNESS WHEREOF, the GRANTEE and COUNTY have respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: TIMOTHY J. CONSTANTINE, Chairman WITNESSES: (1) GRANTEE: MARCO ISLAND FILM FESTIVAL, INC. Printed/Typed Name (2) Printed/Typed Name BY: Printed/Typed Name PrintedFFyped Title Approved as to form and legal sufficiency ¢ R~aamiro Mafialich Chief Assistant County Attomey 6 (corporate seal) MAR CO ISLAND FILM FESTIVAL MARKETING PLAN - 2000 ADVERTISING $ 24,000.00 Print Media Includes: Brochures Rack cards / envelope stuffers Post cards - 5000 Internet Newsletters / maps Magazines PUBLIC RELATIONS $ 63,000.00 Public Relations Campaign includes the following: Pres~ kits/Press Releases pre and post event Film Industry Special Guests (includes expenses) Targeting National and Regional print media Media Invitations (includes expenses) Interview Opportunities Public Service Announcements Bylined Articles Travel and Event Calendars Daily Newspapers National and Regional Magazines In-flight magazines Electronic media - television and internet TOTAL, $ 87,0' ~' v ' 'v,'I~END TE AUG 0 1 2000 EXECUTIVE SUMMARY APPROVE TRANSFER OF THE CABLE TELEVISION FRANCHISE FROM FLORIDA CABLEVISION MANAGEMENT CORPORATION, D/B/A TIME WARNER CABLE, TO A.O.L. TIME WARNER INCORPORATED. OBJECTIVE: To obtain Board approval for transfer of control of the Florida Cablevision Management Corporation Franchise Agreement (d/b/a Time Warner Cable) to AOL Time Warner, Inc. CONSIDERATIONS: This is a transfer of control of management. The individuals who presently manage these facilities in Collier County will not change because of this transfer. It is staff's opinion that Time Warner Cable has met the minimum filing requirements of Collier County Ordinance No. 88-90, and the requirements of the Federal Communications Act of 1934, as amended, by filing its complete application for transfer of control of its Cable Television Franchise to AOL Time Warner Inc., in light of a pending merger. Pursuant to Federal Law, the Board, acting in its capacity of"Franchising Authority" for the unincorporated area of Collier County, must act on this application within 120 days of its submittal or otherwise consent to the application is deemed to be granted by default for failure to act in time. The original expiration for such action by the Board was June 28, 2000; however, by letter dated June 23, 2000, Time Warner Cable has agreed to extend that "action" date out to August 7, 2000. Staff temporarily withheld its recommendation to approve the transfer until certain outstanding issues could be resolved. Staff met with Time Warner Cable management on June 9, 2000, and came to agreement on the following issues, all of which is binding into the future: (1) Unless prevented from agreeing to do so by subsequent changes in the applicable laws, all revenues derived from internet services shall be included in the "gross revenues" that are subject to the 5% cable franchise fee whether or not such services are classified by law as "cable services"; (2) Promise of cooperation to the County from the Franchisee in developing and maintaining an emergency alert system pursuant to FCC regulations; (3) A commitment from the Franchisee to work with the County in developing an agreement regarding incremental costs, plus reasonable overhead, for installation and use of an Institutional Network (I-Net); and (4) Agreement from the applicant to extend the 120-day transfer application approval/denial deadline out to August 7, 2000. FISCAL IMPACT: On February 29, 2000, Time Warner submitted a nonrefundable application fee of $10,000, completing the application for transfer. These funds have been deposited in Fund 111-013010 (Franchise Administration). GROWTH MANAGEMENT IMPACT: None AUG 0 1 2000 RECOMMENDATION: application for transfer of control to AOL Time Warner, Inc. PI:~EP ~D BY: ,//~~~~ Date: D. E "Bleu" Wallace, Director Utility and Franchise Regulation Department That the Board adopt the attached Resolution to approve the REVIEWED BY: I /9v~X Date: Thom&s-C. Pa'lme~ Assistant County Attorney Vincent A. Cautero, AICP, Administrator Community Development & Environmental Services Division AUG 0 1 2000 TIME WARNER June 23, 2000 Mr. D. E. "Blue" Wallace Director Collier County Government Utility & Franchise Regulation Department 3050 North Horseshoe Drive Naples, FL 34101 Dear Blue: This letter will Confirm the understandings reached at our meeting' 0n June 9, 2000 with respect to certain provisions of the cable television Franchise Agreementbetween Collier County and Florida Cablevision Management Corporation d/b/a Time Warner Cable. We agreed that, subject to subsequent changes and developments in applicable law, it is the position of both the County and Time Warner Cable that the Road Runner cable modem service and other similar cable modem services are cable services under applicable law and under Section 2.5 of the Franchise Agreement. Therefore, on that basis, we agreed that revenues which Time Warner Cable derives from the provision of such a service are Gross Revenues under Section 2.16 of the Franchise Agreement and subject to the franchise fee requirement in Section 5.1 of the Franchise Agreement. In the event that it is subsequently determined that such services are not cable services under applicable law, but rather are designated as some other type of service, the County would have the right to impose a fee on Time Warner Cable' s revenues derived from the provision of such service in lieu of the cable franchise fee to the extent that the County has the right to impose a fee on the revenues derived from such type of service. 1418 SE Tenth Street, Cape Coral, Florida 33990 Tel (941) 574-2020 Fax (941) 574-2813 A Division Of Time ffhrner Entertainment, L.P. Section 29 of the Franchise agreement requires that Time Warner Cable install and maintain an emergency alert system pursuant to FCC regulations. We understand that in Florida counties have significant responsibilities with respect to emergency announcements. . . Section 11.1 of the Franchise Agreement provides that the County will pay Time Warner Cable a fee for the use of the Institutional Network ("l-Net"). We agreed that such a fee would be based on the incremental costs to Time Warner Cable of installing and maintaining such facilities as are necessary to provide the I-net capacity and functionality requested by the County to the locations designated by the County plus reasonable overhead. By incremental costs we mean the costs of the I-Net which are in addition to costs Time Warner would otherwise ~l AUG o 1 2000 own purposes. Ifi in connection with the use of another operator's I-Net, the County agrees to pay such operator on a basis more favorable to such operator, then the County shall pay Time Warner Cable for use of the Time Warner Cable I-Net on such more favorable basis. Time Warner Cable understands that the County has engaged a consultant to advise with respect to the capacity, functionality and sites for the I-Net. After the County has determined its plans in these regards, Time Warner Cable will work with the County to promptly conclude an agreement on the amount of the fee under Section 11.1 of the Franchise Agreement. Time Warner Cable agrees to extend until August 7, 2000, the time period set forth in 47 U.S.C 537(e) and 47 CFR 76.502(i) within which the County may consider the FCC Form 394 submitted to the County in connection with the proposed merger of Time Warner, Inc. and America Online, Inc. The County's consideration will be based on whether the proposed merger will adversely affect Time Warner Cable's legal, financial and technical ability to meet its obligations under the Franchise Agreement. Please indicate the County's concurrence with the above stated understandings on the line provided. Si~m;erely, .,XA/~ General Manager Agreed to: Collier County By: AC~.NDA ITEM AUG 0 { 2000 6 7 8 9 I0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 45 46 47 48 49 50 51 52 53 54 55 56 57 RESOLUTION NO. 2000- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, APPROVING THE CHANGE OF CONTROL OF THE CABLE TELEVISION FRANCHISE FROM FLORIDA CABLEVISION MANAGEMENT CORPORATION D/B/A TIME WARNER CABLE TO A. O. L. TIME WARNER INCORPORATED. WHEREAS, Florida Cablevision Management Corporation d/b/a Time Warner Cable ("Franchisee") is as of the date of this Resolution duly authorized by the Collier County Board of County Commissioners (the "Franchise Authority") to operate and maintain a cable communications system (the "System") within its franchised areas pursuant to a franchise agreement (The "Franchise") granted by the Franchise Authority; and WHEREAS, pursuant to an Agreement and Plan of Merger between America Online, Inc. and Time Warner, Inc., dated January 10, 2000, America Online, Inc. and Time Warner, Inc. will each merge into wholly-owned subsidiaries of a new Delaware corporation, AOL Time Wamer Inc.; and WHEREAS, Franchisee will continue to hold the Franchise after consummation of the above-described transactions; and WHEREAS, FCC Form 394 with respect to the transactions has been filed with the Franchise Authority; and WHEREAS, the applicants have requested consent from the Franchise Authority to the transactions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS, OF COLLIER COUNTY, FLORIDA, that: Section 1. The Franchise Authority hereby consents to and approves the transactions to the extent that this consent is required by the terms of the Franchise Agreement and applicable law. Section 2. laws. This Resolution shall be deemed effective in accordance with applicable This Resolution adopted this ~ day of second and majority vote favoring adoption. ., 2000, after motion, ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA By: By: Deputy Clerk TIMOTHY J. CONSTANTINE, Chairman Approved as to form And legal sufficiency: Thomas C. Palmer Assistant County Attorney AUG 0 1 2000 EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS AUTHORIZE STAFF TO WAIVE THE PURCHASING POLICY AND CONTRACT WITH THE SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL TO IMPLEMENT A PORTION OF THE ENTERPRISE COMMUNITY STRATEGIC PLAN FOR IMMOKALEE AND DIRECT STAFF TO PREPARE A BUDGET AMENDMENT. OBJECTIVE: To have the Board of County Commissioners waive the County Purchasing Policy for competitive selection and direct staff to execute a standard County-Attorney approved contract for $30,000 to the Southwest Florida Regional Planning Council to implement a portion of the Empowerment Alliance of Southwest Florida (EASF) Strategic Plan for the Immokalee area and to direct staff to prepare a budget amendment. BACKGROUND: On August 4, 1998, the Board of County Commissioners approved Resolution 98-294 nominating the Immokalee community for designation as a Federal Rural Empowerment Zone. With the nomination, the Board agreed to be a participating entity in the implementation of the goals outlined in the Strategic Plan. The Strategic Plan was developed through a series of community meetings where several-hundred community residents participated. Based on the community input and the consensus reached at these meetings a Strategic Plan was written that identifies four areas of concern: 1) Accessibility and Appropriateness of Education and Training; 2) Diversification of the economic base and availability of higher wage jobs; 3) the availability of decent and affordable housing; and 4) community image and pride. On January 13, 1999 Vice President A1 Gore announced that the Empowerment Alliance of Southwest Florida (which includes the communities of Immokalee, Eastern Hendry County, and the Seminole Indian Tribe) was selected as a rural Federal Enterprise Community. This ten-year grant award is designed to create economic self-sufficiency and improve the quality of life for the area's working poor. The Community Foundation of Collier County is the lead managing entity for the Empowerment Alliance of Southwest Florida (EASF). In September 1999 the contract between USDA and the Community Foundation was signed. Since then a program coordinator has been hired and work has begun on implementation of the EASF Strategic Plan's 26 benchmarks. Each benchmark identifies the benchmark leader, the goal the benchmark will help to achieve, and the identified partners. To date, for every $1 of federal Enterprise Community grant money received, the program has received an additional $113 in other state, federal and private funds. Local funding in the amount of $40,000 was identified in the 1999/2000 Comprehensive Planning budget to support the activities of the Enterprise Community Program. AUG 0 1 2000 Pg. / CONSIDERATIONS: The Community Foundation is in the process of coordinating the implementation of Benchmark 8 and 9 of the Strategic Plan. Benchmark 8 states that an analysis will be conducted of the current labor force skill and future needs in the local economy to expand international trade, agribusiness opportunities and Main Street businesses in Immokalee. The total budget for this project is $85,000. The benchmark identifies several partners to implement this project, including Collier County Planning Department. The benchmark lists a contribution from the county for $20,000. Other partners that have committed funds include the Worfkforce Development Board ($30,000), USDA ($10,000) and EDA ($25,000). Benchmark 9 states a marketing campaign will be developed to attract new businesses and expand existing businesses based on the Economic Strategies Plan. The total cost of this project is $101,500. The benchmark identifies several partners to implement this project including the Collier County Planning Department. The benchmark lists a contribution of $10,000 from the County. Other partners that have committed to contributing to this project include USDA EC/EZ ($34,500) and Hendry County ($12,500). SWFRPC has applied to USDA for the remaining balance ($54,500). Grant awards from USDA are expected to be announced August 4,2000. Southwest Florida Regional Planning Council (SWFRPC), a founding partner of the EASF Strategic Plan, will be the lead partner in completing these two benchmarks. SWFRPC will be the fiscal agent for the grant money received and will select and manage the consultants according to their purchasing policies. SWFRPC will also coordinate with all the entities involved. Two tasks will be completed under the contract between the Board of County Commissioners and the SWFPRC: Task 1: Target Industry Analysis This analysis will review the assets of the area to determine the types of industry that are likely to locate in the area and identify those considered likely for expansion and recruitment. This specific industry analysis will focus at the three or four digit level of the Standard Industrial Classification, particularly with regard to the industrial park located at the Immokalee Regional Airport. Fee: $20,000 Task II - Marketing Plan The Marketing Plan will be developed based on the outcome of Task I and will outline the techniques and resources needed to market the rural area of Southwest Florida to the businesses identified. Fee: $10,000 It is anticipated that the overall project will be completed within 18 to 24 months. AUG 0 1 2000 FISCAL IMPACT: Sufficient funds were available in this year's budget to cover the costs for implementing this project. However, not anticipated was a $50,000 commitment from this budget to the Community Character Plan contract awarded to Dover Kohl and Associates. This commitment resulted in insufficient funds for the remainder of this fiscal year to fulfill the commitment to the Immokalee Enterprise Community program. Staff is recommending a budget amendment from MSTD General Fund (111) reserves. GROWTH MANAGEMENT IMPACT: Goal VIII of the Immokalee Area Master Plan is to enhance and diversify the local economy of the Immokalee Community. This initiative is consistent with the intent of the Master Plan. RECOMMENDATION: That the Board of County Commissioners waive the County purchasing policy for competitive selection because the Southwest Florida Regional Planning Council is a sole provider for these services under the proposed partnership with the Community Foundation of Collier County and authorize staff to prepare the standard county-attorney contract for $30,000 with the Southwest Florida Regional Planning Council and direct staff to prepare a budget amendment. PREPARED BY: DEBRAH PRESTON, AICP CHIEF PLANNER COMPREHENSWE PLANNING SECTION luly 19, 2000 DATE REVIEWED BY: STAN LITSINGeR, AICF~/' COMPREHENSIVE PLANNING MANAGER DATE ROl~RT J. MULHERE, AICP PLANNING SERVICES DEPARTMENT DIRECTOR D BY: ~INCEI~IT A. CAUTERO, AICP ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SERVICES DATE DATE Ne. AUG 0 1 2000 pg. EXECUTIVE SUMMARY APPROVAL OF INTERIM POLICY TO PROHIBIT BLASTING IN NEW SUBDIVISION AND SITE DEVELOPMENT PLAN CONTSTRUCTION WITHIN 350 FEET OF EXISTING STRUCTURES OBJECTIVE: To obtain Board approval of an interim policy to prohibit blasting on new subdivisions and site development plan construction within 350 feet of structures. CONSIDERATIONS: Engineering Review Services currently issues blasting permits and monitors all blasting activities. With the rapid growth of Collier County and the subsequent blasting of lakes within the close proximity of developed areas, we are receiving numerous complaints from surrounding residents. The majority of complaints along with the possibility of damage to existing structures occur when blasting is within several hundred feet of those structures. In an effort to provide relief to existing homeowners help reduce the possibility of structure damage, we recommend approval of this interim policy. It is our intent to incorporate language in the next Land Development Code cycle which will incorporate this policy. A policy of not permitting blasting with 350 feet of existing structures or structure and/or construction will not prevent construction of lakes within this zone. It will however, require mechanical means of fracturing and removal of rock. FISCAL IMPACT: No financial impact on the County based on the approval of this interim policy. GROWTH MANAGEMENT IMPACT: None ENVIRONMENTAL ISSUES: None HISTORIC/ARCHAEOLOGICAL IMPACT: AGEN I~ AUG 0 1 2'000 None PLANNING SERVICES STAFF RECOMMENDATIONS: That the Board approve the request to adopt an interim blasting policy that precludes blasting within 350 feet of existing structures including structures under construction. EAC RECOMMENTDATION: N/A C.C.P.C. RECOMMENDATION: N/A REPARED BY THOMAS E. KUCK, P.E. ENGINEERING REVIEW MANAGER REVIEWED BY: PLANNING SERVICES DEPARTMENT DIRECTOR DATE DATE APPROVE~Y: VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE AGENDA ITe~l~ / ~o. AUG o 1 2000 EXECUTIVE SUMMARY RECOMMENDATION TO APPROVE COMMERCIAL EXCAVATION PERMIT NO. 59.745, "JIM WEEKS COMMERCIAL EXCAVATION DESOTO & 29TH" LOCATED IN SECTION 21, TOWNSHIP 48, SOUTH, RANGE 28 EAST: BOUNDED ON THE NORTH BY VACANT LAND ZONED ESTATES, ON THE WEST BY DESOTO BOULEVARD, ON THE SOUTH BY 29~ AVENUE NW, AND ON THE EAST BY VACANT LAND ZONED AGRICULTURE. OBJECTIVE: To issue an excavation permit to Jim Weeks for the project known as "Jim Weeks Commercial Excavation DeSoto and 29th, Tr 141, U 67" in accordance with County Ordinance No. 92-73, Div. 3.5. CONSIDERATIONS: The Petitioner proposes to excavate one lake with a surface area of 2.55 acres (+/-) to a depth of 14(+/-) feet. The resultant 39,000 (+/-) C.Y. of fill will be used off site. Because the site is well under the 500,000 C.Y. criteria, EAC approval was not required. The duration of the excavation will be less than one year. FISCAL IMPACT: The Community Development Fund, Development Services (11313890032940000000) has or will receive $1025.00 in revenues broken out as follows: Application Fee $ 850.00 Permit Fee $175.00 $1025.00 TOTAL FEES A security in the amount of $10,000 must be posted prior to permit issuance. Road impact fees will be computed at the time of permit issuance, but are estimated to be about $6,000. GROWTH MANAGEMENT IMPACT: None. AUG 0 I ZOO0 ENVIRONMENTAL ISSUES: There is a possibility that the City of Naples wellfield approximately one mile to the southwest may be substantially lowering dry season water tables in this area. Lakes like this, that are not retention areas, buffer that impact by storing more water than an equivalent amount of ground would store. The lake will be excavated into sand, so no blasting will be necessary, and no penetration of confining layers will happen. HISTORICAL/ARCHAEOLOGICAL IMPACT: None. EAC RECOMMENDATIONS: No EAC public hearing was required because of the size of the excavation. CCPC RECOMMENDATIONS: No CCPC public hearing was required. PLANNING SERVICES STAFF RECOMMENDATIONS: That the Board of County Commissioners approve the issuance of Excavation Permit No. 59.745 to Jim Weeks for the project known as "Jim Weeks Commercial Excavation DeSoto and 29th" with the following stipulations: 1. The excavation shall be limited to a bottom elevation of 20 feet below grade. Off-site removal of material shall be subject to "Standard Conditions" imposed by the Transportation Services Division in document dated 1/13/98 (copy attached). Hours of operation shall be limited to 7:00 AM to 5:00 PM, Mon. thru Fri., excluding holidays. 3. Dewatering is not allowed. 4. No blasting will be permitted. The petitioner must apply for a Vegetation Removal Permit. Environmental Staff shall perform a site visit to determine the need for a Vegetation Removal Permit and to check for any listed species. No work shall be done prior to that site visit. The lake littoral zone shall be created and planted as indicated on the Plan of Record. Location to be field determined. Additional landscaping per BCC directive may be required. No Excavation Permit shall be issued until all impact fees have been paid. 2 PREP/.,~D BY: . / ~, STAN CH~M5~s~, ~.~. SENIOR ENGIN~R DATE REVIEWED BY: THOMAS E. KUCK, P.E. ENGINEERING REVIEW MANAGER DAT~ ' ROBERT J. MULHERE, AICP PLANNING SERVICES DEPARTMENT DIRECTOR DATE APPROVED BY: · CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE 59.731 EX SUMMARY/SC/H/EAB Exec. Summ. 3 AGE AUG 0 1 7000 n~ o z~-~ n n L> t~ II AUG 1 2000 PERMIT NO. CATEGORY: COUNTY APPLICATION FOR EXCAVATION PERMIT ORDINANC~ NO. 92-.73 PRIVATE COMMI~CIAL DEVELOPMENT NONREFUI~DABLE APPLICATION REVIEW FEE: PRIVATE ($85.OO) COMMERCIAL ($850.00) / DEVELOP~ ($125.00) RECEIFr NO. PERMIT FEE RECEIFr NO. 2. 3. 4. 6. 10. ll. 12. Name of Property Owner:* ~~~.~' . (indicate exa~y ~ Rec_Ord~.) N~e of ~ca~: ~ ~ s=,o. 2: / , ro.. p 4/$' s., 2. Any Right-of-Way Easements ^cro~ Land Which Would be Affected (Public ot Private) Yes ~ No ~ If yes, show on survey. Iraended Use of Material to be Excavated The following information is to be submi~ with application: (a) Quantity: ~ ?¢°o c.Y. Att~hment "A" prepared by a surveyor or engineer registered in the Smt~ of Florida showing all informalion required in Section 3.5.6 of Ordinance. AttIchment "B' - List of ttames and addresses of nearby property owner~ as required by Section 3.5.6.13.4 of the Ordinance, for commercial applications. (c) Attachment "C" - Evidence provided by applicant relating to Section 3.5.5.4.5 of the Ordinance. *a) b) I have reid Ordinance No. 92-73, Division 3.5 and agree to conduct the excavation in ~,~"~¢¢ with~,OTim~f/fd 1 County and $.. Codes and ~)f .3 /ff~ If owner is land ~ust, so indicate and name beneficiaries. If owner is corporafi~ other than public corporation, so indicate and namc officers and major c) If owner is l~rmership, limited partnership or other business enfi~, so indicate an, If the application is made by any person or firm other than the owner of the propc written In~ noIIrized apln'oval from the property owner shall be submitted prior t~ name principals. AUG 0 1 2000 7 involr~xi, a proc~._~mg of AGEt No. AUG 0 1 COLLIER COUNTY TRANSPORTATION SERVICES "STANDARD CONDITIONS" EXCAVATION PERMIT APPLICATIONS INVOLVING OFF-SITE REMOVAL OF MATERIAL The intent of these "Standard Conditions" are to provide excavation permit applicants a summary of conditions which may affect their projects and which should be taken into consideration during all stages of project development: Haul routes between an excavation site and an arterial road shall be private with property owner(s) approval or be a public collector road built to standards applicable to handle the resulting truck traffic. Where residential areas front collector roads, appropriate turn lanes, buffer and bikepath shall be required as minimal site improvements and if recommended for approval, shall be so with the condition that the Transportation Services Administration reserves the right to suspend or prohibit off-site removal of excavated material should such removal create a hazardous road condition or substantially deteriorate a road condition; such action by the Transportation Services Administration shall be subject to appeal before the Board of County Commissioners. Haul routes utilizing public roads shall be subject to road maintenance and road repair or an appropriate fair share by the permittee in accordance with Excavation Ordinance No. 91-102 as amended Div. 3.5 and Right-of-Way Ordinance No. 93-64. Off-site removal of excavated material shall be subject to Ordinance No. 92-22 (Road Impact Ordinance). A traffic and road impact analysis shall be made by the County to determine the effects that off-site removal of excavated material will have on the road system within the excavation project's zone of influence. If appropriate, road impact fees in accordance with Ordinance No. 92-22 shall be paid prior to the issuance of an excavation permit. The Transportation Services Administration reserves the right to establish emergency weight limits~ on public roadways affected by the off-site removal of excavated material; the ! procedure for establishment of weight limits shall be the presentation of an applicable resolution before the Board of County Commissioners. Should weight limits be instituted, the permittee shall be responsible to implement measures to assure that all heavy truck loadings leaving the permit's property conform to the applicable weight restriction. The Excavation Performance Guarantee shall apply to excavation operations and also the maintenance/repair of public roads in accordance with current ordinances and applicable permit stipulations. EXHIBIT "B" Page One of Two AGENDA~I,E M, AUG 0 1 2oo0 Based on soil boring information per Ordinance No. 91-102 as amended, a blasting permit may be appropriate. Should a blasting permit application be submitted and should residential areas exist within one mile of the excavation site, the County reserves the right to deny a blasting permit based on concerns for off-site impacts from blasting at an excavation site. Should a blasting permit be considered and approved, the minimum conditions of approval in addition to conditions per Ordinance No. 91-102 as amended are as follows: Structure inventory/monitoring and applicable property owner release as required by the Development Services Director. B. Security bond applicable to private property damage acceptable to the County. Control of size/depth/number of charges per blast by the Development Services Director. The right of the County to suspend and/or revoke blasting permit authority should it be determined that blasting activities are creating unacceptable off-site conditions either in terms of private property damage and/or related physical effects of blasting operations. o No excavation permit shall be issued until receipt of a release from the Transportation Services Administration applicable to proper mitigation of off-site impacts, meeting of applicable provisions of Ordinance No. 93-64, Ordinance No. 92-22, and Ordinance No. 91-102 as amended. Reference to letter of 5/24/88 Revised 1/13/98 Page Two of Two AGEND,~ No. AUG o 1 2000 SUMMARY FINAL ACCEPTANCE OF $~%TER AND SEWER UTILITY CONNECTIONS FOR ~RINE NATIONAL BANK @ VANDERBILT GALLERIA 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 and sewer connections. CONSIDERATIONS: 1) The Developer of Marine National Bank, has constructed the water and sewer connections 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 August 19, 2000, 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 and sewer connections 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 a Cash Bond in the amount of $2,365.00, will be released to the Project Engineer or the Developer's designated agent upon the Boards approval. FISC;tL IMPACT: The water facilities were constructed without cost to the Collier County Water-Sewer District. The cost of operating and maintaining the water and sewer connections will be paid by monthly user revenues. GROWTH~%NAGF/4ENT IMPACT: This project has been connected to the County Regional Water Treatment Plant and North/South Regional Wastewater Treatment Plant. Capacity presently exists to serve this project. AUG 0 i 2000 Executive Summary Marine National Bank Page Two ENVIRONMENTAL ISSUES: None HISTORiCAL/ARCHEOLOGICAL IMPACT: None PLANNING SERVICES STAFF RECOMMENDATION: None EAC RECOMMENDATION: None CCPC RECOMMENDATION: None 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 and sewer connections for Marine National Bank, and release the UPS to the Project Engineer or the Developer's designated agent. PREPARED B.Y: Shirley Nix, iEngineering Technician II EngineeriQ.g..-Review Services Date REVIEWED BY: Engineering Review Services Manager Robert Mdlhere, AICP Planning Services Department Director APPRO~ Vincent A. Cautero, AICP, Administrator COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES Date Date Date AUG 0 1 2000 V ANOEFIBIL'I' 21 - VILLAS -- ~ LAKE VILLAS ~1 C[:h. TS tos ~y N "~ ^" " 41 ·,,::-,v ,. NAF'LE,~ 10'~ MARI' N w~cta.~ I WALDEN OAKS WINDSONG APTS No. i~ AUG 0 1 ZOOO AUG 0 i 2000 Pg. ~ Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt Trans Number ~ Date i Post Date . Payment Slip Nbr 146571 .08/16/1999 11:04:58 AM i08/16/1999 r, MS 57631 MARINE BANK Payor · B C B E Fee Information Fee Code ~1 Description ! GL Account ! Amount I Waived ~ DEPOSITS-COMM DEV (CASH BONDi 67000000022011300000 ~,, $2365.00 t ~ 12BOND Total $2365.001 Payment Code :, AccountJCheck Number Payments Amount $2365.00 CHECK ~ 9555 Memo: Total Cash r $0.00 I Total Non-Cash $2365,00 j Total Paid I $2365.00 Cashier/I ,.ocation: FROLOFF_E / 1 User: NIX_S Collier County Board of County Commissioners CD-P!us for Windows 95/NT Pdnted:(~ SUMMARY FINAL ACCEPTANCE OF WATER AND SEWER UTILITY CONNECTIONS FOR NORTH NAPLES STORAGE 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 and sewer facilities. CONSIDERATIONS: 1) The Developer of North Naples Storage, has constructed the water and sewer connections 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 October 13, 1998, 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 and sewer connections 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 a Cash Bond in the amount of $1,634.41, 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 and sewer facilities will be paid by monthly user revenues. GROWTH MANAGEMENT IMPACT: This project has been connected to the County Regional Water Treatment Plant and North/South Regional Wastewater Treatment Plant. Capacity presently exists to serve this project. AUG 0 I 2OOO Executive Summary North Naples Storage Page Two 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 and sewer connections for North Naples Storage, and release the UPS to the Project Engineer or the Developer's designated agent. ENVIRONMENTAL ISSUES: None HISTORICAL/A/~CHEOLOGICAL IMPACT: None PLANNING SERVICES STAFF RECOMMENDATION: None F~AC RECOMMENDATION: None CCPC RECOMMENDATION: None PREPARED BY: ,, ....-..-,...~<, / ~"~ ~, Shirley Nix, Engineering Technician'II Engineering Review Services REVIEWED BY: Thoma~ E. Kuck, P.E. Engineering Review Services Manager Ro~~he r ~, AIC~~- Planning Services Department /rec~o~ AP PR/O~BY: ?A?.' ;. Vincent A.' Cautero, AICP, Administrator COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES Date Date Date Date AUG 0 1 2000 FROM : Panasonic FAX SYSTEM PHONE NO. : 9415662203 Jun. · ?~ , ~... ~,;~ -,,,:.~ . , ..... 2000 01:59PM P2 AGENOA ITEI~ AUG 0 1 2000 Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt Trans Number Date Pos;. Date Payment Slip Nbr I L 92442 9/3/98 2:28:05 PM 9/3/98 MS 41814 II NORTH NAPLES STORAGE Payor · NAPLES STORAGE / STEEL Fee Information Fee Code 12BOND 12BOND tDescription DEPOSITS-COMM DEV (CASH BOND J DEPOSITS-COMM DEV (CASH BOND GL Account 67000000022011300000 67000000022011300000 Total Amount $1164.92 $469.49 $1634.41 Waived Payments [ Payment Code f Amount[ 'CHECK BB CK 536503124 ! $469.491 ~ CHECK NT a CK 160151 I $1164.92I T, Account/Check Number Memo: Total Cash Total Non-Cash Total Paid $0.001 $1634.41 $1634.411 Cashier/location: FROLOFF_E / 1 User: NIX_S Collier County Board of County Commissioners CD-Plus for Windows 95/NT Printed:9/: AUG 0 1p~000 98 2:30:17 EXECUTIVE SU~R4ARY ASSIGNMENT AGREF/4ENT FOR EASEMENT FOR PELICAN MARSH, UNIT 22 (GALLERIA DRIVE) 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) 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 the Collier County Water-Sewer District. The cost of operating and maintaining the water and sewer facilities will be paid by monthly user revenues. GROWTH ~%NAGEMENT 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-0fficio the Governing Board of the Collier County Water-Sewer District, accept and sign the Assignment Agreement for the easement for Pelican Marsh, Unit 22. AUG o 1 2000 /' Executive Summary Pelican Marsh, Unit 22 Page Two ENVIRONMENTAL ISSUES: None HISTORICAL/ARCHEOLOGICAL IMPACT: None PLANNING SERVICES STAFF RECOMMENDATION: None EAC RECOMMENDATION: None CCPC RECOMMENDATION: None PREPARED BY: Shirley N'~, E6gi~eering Technici , , ~ , , an Englneerl ~evlew Servlces II REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Services Manager Date Date Ro'bert Mulhere, AICP Planning Services Department Director AP PROV/ ~ Vincent ~ Cautero, AICP, Administrator COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES Date D~te { attachments AGE NDA,.J TE k'l AUG 0 1 2000 ~ULF OF L OCA TK No, ~~ AUG 0 1 ~000 ,'-' ASSIGNMENT AGREEMENT (GALLERIA) THIS ASSIGNMENT AGREEMENT made and entered into this ~ 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-OFFIClO 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 ($10.00), receipt of which is acknowledged by Assignor from Assignee, and other good and valuable consideration, the parties hereto agree as follows: 1) Assignor hereby conveys, grants, transfers, demises, releases and assigns unto Assignee, its successors and assigns, all of the rights of Assignor as Grantee under the Utility Easement referenced hereto and made a part hereof as Exhibit "A". Assignee hereby accepts said assignment. 2) accordance with and governed by the laws of the State of Florida. Govern n.q Law. This Assignment shall be construed and enforced in F:~US ER S~A PPU3ELM ARSH~LrTILrTY~G ALLE RIA~.SSlG N AGE M AUG 0 1 2000 3) Modification; Additional Assurances. No change, amendment, modification or cancellation of any part of this Assignment Agreement shall be valid unless in writing and signed by Assignor and Assignee. 4) Bindin,q Effect. The terms, covenants and conditions contained herein shall inure to the benefit and be binding upon Assignee and Assignor and their respective successors and assigns. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and year first written. ASSIGNOR: PELICAN MARSH COMMUNITY DE VELOPMENT DISTRICT By John A. Pistor ~ Its Chairman STATE OF FLORIDA COUNTY OF COLLIER The fo. reg~oing As~signment Agreement was acknowledged before me by ,.'7'('jff/U ,or, /~/$T'~ , Chairman of the PELICAN MARSH COMMUNITY DEVELOPMENT DISTRICT, on behalf of the Pelican Marsh Community Development District. He is personally known to me. 2000. WITNESS my hand and official seal this day of v Notary Public * Print Name: ~'f~)~"~'- /--.. /~0/f-/~)/---- My Commission Expires: ~/~}/z;~'~ ~ f:\U SE RS~.AP P~PELMARSt-ALrTIL ri'Y~G alleda~A SSlG N No. ~' AUG 0 1 ATTEST: DWIGHT E. BROCK, Clerk ASSIGNEE: 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: Chairman Approved as to from and legal sufficiency_ ~ Assist~n~ Cc~unty A{torney 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, Flodda 34108 F:\USER S~A PP~PELMAR SPALrTILFF~GA LLERIA~ASSIG N Notary Public Print Name: My Commission Expires: AUG 0 1 2b~J This Imtrument Prepared by: Vivicn N. Hastings. Esq. 24301 Walden Center Drive Bonita Springs, FL 34134 UTILITY EASEMENT (Pelican Marsh Unit 22, Galleria Drive - Sanitary Sewer Lift Station) THIS EASEMENT, granted this I_~_~ day of ~cxo--- ,1999, by (i) VANDERBILT GALLERIA, L.C., a Florida limited liability company, whose address is 24840 Burnt Pine Drive, Suite 2, Bonita Springs, Florida, 34134 (the "Grantor") to the PELICAN MARSH COMMUNITY DEVELOPMENT DISTRICT, its successors and assigns, whose address is eric Anthony P. Pires, Jr., Esquire, 801 Laurel Oak Drive, Suite 710, Naples, Florida 34108, (the "Grantee"). WITNESSETH: That the Grantor for and in consideration of the sum of ten dollars ($10.00) and other valuable consideration paid by the Grantee, receipt of which is hereby acknowledged, hereby convey, grant, bargain and sell unto the Grantee, its successors and assigns, a perpetual, non-exclusive easement, license, and privilege to enter upon and to install and maintain sanitary sewer lift station in, on, over and under the following described lands being located in Collier County, Florida. Developer agrees for itself, its successors and assigns, that it will be responsible for the cost of any and all repairs, replacement, maintenance or restoration of improvements or landscaping installed by the Grantors within the easement area, to wit: See attached Exhibit "A" which is incorporated herein by reference. TO HAVE AND TO HOLD the same unto the Grantee and its assigns, together with the right to enter upon said land, excavate, and take materials for the purpose of constructing, operating, and maintaining the sanitary sewer lift station. Grantors and Grantee are used for singular or plural, as the context requires. . <-/] IN WITNESS W. HEREOF, the Grantors have caused these presents to be executed the date and ~y'ear first~ ve writte?[ Print Name: I 'r~,,~ · ,,I VANDERBILT GALLERIA, L.C., a Florida limited liability comp.an~ <2 ._ .l~i~6ard A. Ifauer Its: Managing Member STATE OF FLOR~A COUNTY OF ~ The foregoing Utility Easement was acknowledged before me by Richard A. Lauer as Managing Member of Vanderbilt Galleria, L.C., a Florida limited liabili..ty/~m~pany, on behalf of the limited liability company. He is personally known to me .... · . WITNESS my hand and official seal thisr/_~a. Lo~ -,,.~-~' , 1999. My Commission Expires: Notary Public, State of F~/~/da Printed Name of Notao, Pu61'i~:-'- AUG 0 1 z000 Legal description of a 30' x 30' C.U.E., being part of future Parcel "K", Section 35, Township 48 Soulh, Range 25 East, Collier County, Florida. All that part of Section 35, Township 48 South, Range 25 East, Collier County, Florida, being more particularly described as follows: Commencing at the southeast comer of section 35; Thence along the south line of said section 35, said line also being the southerly right-of- way line of Vanderbilt Beach Road (CR 862) (160' right-of-way) South 89°38'54" West 100.00 feet to a poiut on the westerly right-of-way line of Airport Pulling Road (CR 31); Thence along said westerly right-of-way line North 00°31 '59" West ! 60.00 feet to a point on the northerly right-of-way of said Vanderbilt Beach Road; Thence continue along said westerly right-of-way line North 00°31'59" West 1195.48 feet; Thence leaving said westerly right-of-way line South 89o28'07" West 25.01' to the Southerly right-of-way line of Galleria Drive (proposed Pelican Marsh Unit Twenty- Two); Thence along the said southerly right-of-way line of Galleria Drive South 89o28'07" West 742.22 feet to the easterly line of future Parcel "K" and the Point of Beginning of tile lierein described C.U.E. Thence along the said easterly line of future Parcel "K" South 00020'33" East 30.00 feet; Thence leaving the said easterly line of future Parcel "K" South 89028'07" West 30.00 feet; Thence North 00°20'33" West 30.00 feet to the said southerly right-of-way line of Galleria Drive; Thence along the said southerly right-of-way line of Galleria Drive North 89028'07" East 30.00 feet to the Point of Beginning of the C.U.E. tierein described. Subject to easements and restrictions of record. Containing 900 square feet more or less. Bearings are based on the westerly right-of-way line of said Airport Pulling Road being South 00°3 i'59" East. Roger G. Carter Professional Surveyor and Mapper LS# 5702 3050 Nmlh Ilorse Drive, Suite 270, (941) 649-1509 Naples, Florida 34 ! 04 R~3o~e,"~3. C~ter,~Sl~. LS# 5702 01-08-99 Date Rcf. 98-0075-4S4 Not valid unless embossed with the Professional's seal. F:\98-0075 Pelican Marsh West - Pine Lakes Drive\SURVEY\Legal description of a 30' x 30' C.U.EI.doc Roger G. Carter Page I 01/I 6/99 EXHIBIT AUG o 1 ooo II i, i EXHIBIT tZr ll~l llt, i lql ':~'I !i', ,: No. ~ AUG 0 1 ZOOO EXECUTIVE SUMMARY REQUEST TO TERMINATE THE EXISTING CONSTRUCTION, MAINTENANCE AND ESCROW AGREEMENT FOR SUBDIVISION IMPROVEMENTS FOR GLEN EDEN, PHASE TWO, AND ENTER INTO A CONSTRUCTION, MAINTENANCE AND SECURITY AGREEMENT WITH THE DEVELOPER OBJECTIVE: To terminate an existing Construction and Maintenance Agreement, and enter into a new agreement with the developer of Glen Eden, Phase Two. CONSIDERATIONS: On May 10, 2000 the Board and Developer entered into a Construction, Maintenance and Escrow Agreement for Subdivision Improvements. The Developer now wishes to have those funds released, and has provided a Letter of Credit as an alternate security. These documents have been reviewed by the Engineering Review Section of Planning Services, as well as the County Attorney's Office. FISCAL IMPACT: There is no Fiscal Impact to the County. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact to the County. RECOMMENDATIONS: 1. To terminate the existing Agreement, and enter into the new Construction, Maintenance and Security Agreement with the Developer. 2. Authorize the release of the existing Construction, Maintenance and Escrow Agreement. 3. Authorize the Chairman to execute the alternate Agreement. AUG 0 1 2000 Executive Summary Glen Eden Phase Two Page 2 PREPARED BY: JOHN R. HOULDSWORTH SENIOR ENGINEER DATE REVIEWED BY: THOMAS E. KUCK, P.E. ENGINEERING REVIEW MANAGER RO~H~R-~, AICP PLANNING SERVICES DEPARTMENT DIRECTOR APPRo~ ~/~ ~j[~ VINCENT A. CAUTERJ, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE DATE // AG E .o. AUG o 1 2000 TOWNSHIP 48 SOUTH, RANGE 25 EAST, CO;(;'JER COUNTY, FLORIDA. / LOCATION MAP IS THE HOLDER OF A MORTGAGE ASSIGNED BY MBER 4, 1996 AND RECORDED DECEMBER 10, NOT TO SCALE AGE I AUG 0 1 2000 TERMINATION OF CONSTRUCTION, MAINTENANCE AND ESCROW AGREEMENT FOR SUBDIVISION IMPROVEMENTS GLEN EDEN, PHASE 2 This Termination of Construction, Maintenance and Escrow Agreement is made into this __ day of ,2000 by REVCO/GE JOINT VENTURE, a Florida general partnership (hereinafter "DEVELOPER"), the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, (hereinafter the "BOARD"), and QUARLES & BRADY LLP, (hereinafter the "ESCROW AGENT"). WHEREAS, on May 10, 2000, the parties entered into a Construction, Maintenance, and Escrow Agreement, a copy which is attached hereto as Exhibit WHEREAS, DEVELOPER has delivered to the BOARD a Construction, Maintenance and Security Agreement secured by a Letter of Credit, a copy which is attached hereto as Exhibit "B", which is to replace the Construction, Maintenance and Escrow Agreement previously entered into by the Parties, a copy which is attached hereto as Exhibit "A". WHEREAS, the Parties wish to terminate the Construction, Maintenance and Escrow Agreement inscribed on Exhibit "A" attached hereto. NOW, in consideration on the mutual premises contained herein, and other valuable consideration received hereby acknowledged, the Parties do hereby agree that the Construction, Maintenance and Escrow Agreement described in Exhibit "A" attached hereto is hereby terminated, and no longer of any force in effect. 'IN WITNESS WHEREOF, the BOARD, the DEVELOPER, and the ESCROW AGENT have caused this Agreement to be executed by their duly authorized representatives this ~ day of , 2000. QBNAP\222889.3 AG E~D.~ LT,~ It4 No. AUG 0 1 2000 Signed, sealed and delivered in the presence of: W_~.ss # 1 P'rFnt Name Below: Witn~e~ #2 PrintSlame Below: DEVELOPER: REVCO/GE JOINT VENTURE, a Florida general partnership By: By: (Corporate Seal) REVCO HOLDINGS, INC., a Florida corporation, as General Partner Gar~J K msell~, ~f'st ~resident ~-'q~itr~ess ~ 1 Printed Name Below: Witness #2 Printed Name Below: ESCROW AGENT: QUARLES &B~ADY LLP, wi . · lity By: ' Title: ~artner partnership Leo J. Salvatori QBNAP\222889.3 Termination of Construction, Maintenance and Escrow Agreement Glen Eden, Phase 2 2 AGE A i AUG 0 I 2000 Attest: Dwight E. Brock, Clerk BOARD OF COUNTY COMMISSIONERS COMMISSIONERS OF COLLIER COUNTY, FLORIDA Deputy Clerk By: Timothy J. Constantine, Chairman /~roved, as to ~orm and je.~al sufficiency: Collier County Attorney QBNAP\222889.3 Termination of Construction, Maintenance and Escrow Agreement Glen Eden, Phase 2 3 AG I AUG 0 1 2000 EXHIBIT "A" CONSTRUCTION, MAINTENANCE AND SECURITY AGREEMENT FOR SUBDIVISION IMPROVEMENTS GLEN EDEN, PHASE TWO THIS CONSTRUCTION, MAINTENANCE AND SECURITY AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this/dr,:, day of /7~//47' ,2000, by and between REVCO/GE JOINT VENTURE, a Florida general partnership (hereinafter "Developer"), and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter the "Board"). PREMISES Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board of a certain plat of the subdivision to be known as: "GLEN EDEN, PHASE TWO" The subdivision will include certain improvements which are required by Collier County ordinances, as set forth in a site construction cost estimate ("Estimate") prepared by Q. Grady Minor & Associates, Inc., a copy of which is attached hereto and incorporated herein as Exhibit 1. For purposes of this Agreement, the "Required Improvements" are limited to those described in the Estimate. Sections 3.2.6.5.6 and 3.2.9.1 of the Collier County Land Development Code requires the Developer to provide appropriate guarantees for the construction and maintenance of the Required Improvements. Developer has caused Bank of America (hereinafter "Issuer") to issue a letter of credit dated April 14, 2000, wherein the Board is named as "Beneficiary" and the Issuer agrees to duly honor drafts drawn under and in compliance with the terms of said letter of credit, up to an aggregate amount of $51,771.21 which letter of credit is attached as Exhibit 2 hereto and hereby incorporated herein (the "Letter"). Eo Developer and the Board acknowledge that the amount Developer is required to guarantee pursuant to this Agreement is $51,771.21, and this amount represents 110% of the Developer's engineer's estimate of the construction costs for the Required Improvements. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer and the Board do hereby covenant and agree as follows' QBNAP\218511.1 AGE~pA.ITEM No. l,r~,q)i J AUG 0 1 2000 1. Developer will cause the water, sewer, roads, drainage (and like facilities) and the Required Improvements to be constructed pursuant to specifications that have been approved by the Development Services Director within twelve (12) months from the date of approval of said subdivision plat. 2. Developer herewith tenders as its subdivision performance security the Letter, in the amount of $51,771.21, which amount represents 10% of' the total contract cost to complete construction, plus 100% of the estimated cost to complete the Required Improvements as of the date of this Agreement· 3. In the event of default by the Developer or failure of the Developer to complete the Required Improvements within the time required by the Collier County Land Development Code, Collier County may draw upon the Letter to insure satisfactory completion of the Required Improvements. 4. The Required Improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with the final project records have been furnished to, and reviewed and approved by, the Collier County Development Services Director for compliance with the Collier County Land Development Code. 5. The Development Services Director shall, within sixty (60) days of receipt of the statement of substantial completion, either: a) notify the Developer in writing of his preliminary approval of the Required Improvements; or b) notify the Developer in writing of his refusal to approve the Required Improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the Director's approval of the Required Improvements. However, in no event shall the Development Services Director refuse preliminary approval of the Required Improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. 6. The Developer shall maintain all Required Improvements for a minimum period of one year after preliminary approval by the Development Services Director. After the one year maintenan~:e period by the Developer has expired, the Developer shall petition the Devolopment Services Director to inspect the Required Improvements. The Development Services Director or his designee shall inspect the Required Improvements and, if found to be still in compliance with the Collier County Land Development Code as reflected by final approval by the Board, the Board shall consent to the termination of the Letter. The Developer's responsibility for maintenance of .the Required Improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. 7. Two (2) months after the execution of this Agreement and once within every two (2) months thereafter, the Developer may request the Development Services Director to approve a reduction in the dollar amount of credit available under the Letter, in an amount equal to the value of the Required Improvements which have been completed as of the date of such requos:t~ QBNAP~218511. I AU(; 0 1 ~000 The value of the Required Improvements completed as of the date of request shall be calculated by multiplying the percentage of the total work completed by the respective cost for such work (as that cost is set forth in the Estimate), less ten (10%) percent. Each request for a reduction in the dollar amount of the subdivision performance security shall be accompanied by a statement of substantial completion signed and submitted by the Developer's engineer, together with the project records necessary for review by the Development Services Director. Upon verification of completion of the subject work and approval of the statement of substantial completion, the Development Services Director shall grant the Developer's request. Further, upon completion of the work and submission of a statement of final completion by the Developer's engineer, the Development Services Director shall approve the reduction of any remaining credit amount under the Letter, except to the extent of $4,706.47, which shall remain available under the Letter as Developer's guaranty of maintenance of the Required Improvements for a minimum period of one (1) year pursuant to Paragraph 6 of this Agreement. 8. In the event the Developer shall fail or neglect to fulfill its obligations under this Agreement, upon certification of such failure, the County Administrator may call upon the Letter to secure satisfactory completion, repair and maintenance of the Required Improvements. The Board shall have the right to construct and maintain, or cause to be constructed or maintained, pursuant to public advertisement and receipt and acceptance of bids, the Required Improvements described herein. The Developer, as principal under the Letter, shall be liable to pay and to indemnify the Board, upon completion of such construction, the final total cost to the Board thereof, including, but not limited to, engineering, legal and contingent costs, together with any damages, either direct or consequential, which the Board may sustain on account of the failure of the Developer to fulfill all of the provisions of this Agreement. 9. All of the terms, covenants and conditions herein contained are an shall be binding upon the Developer and the respective successors and assigns of the Developer. QSNAPL?. 1851 I.I 3 No. ~ AUG 0 1 000 CONSTRUCTION, MAINTENANCE ANI) SECURITY AGREEMENT FOR SUBDIVISION IMPROVEMENTS GLEN EDEN, PHASE TWO THIS CONSTRUCTION, MAINTENANCE AND SECURITY AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this ....day of , . ,2000, by and between REVCO/GE JOINT VENTURE, a Florida general p'artnership (hereinafter "Developer"), and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter the "Board"). PREMISES Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board of a certain plat of the subdivision to be known as: "GLEN EDEN, PHASE TWO" The subdivision will include certain improvements which are required by Collier County ordinances, as set forth in a site construction cost estimate ("Estimate") prepared by Q. Grady Minor & Associates, Inc., a copy of which is attached hereto and incorporated herein as Exhibit 1. For purposes of this Agreement, the "Required Improvements" are limited to those described in the Estimate. Go Sections 3.2.6.5.6 and 3.2.9.1 of the Collier County Land Development Code requires the Developer to provide appropriate guarantees for the construction and maintenance of the Required Improvements. Developer has caused Bank of America (hereinafter "Issuer") to issue a letter of credit dated April 14, 2000, wherein the Board is named as "Beneficiary" and the Issuer agrees to duly honor drafts drawn under and in compliance with the terms of said letter of credit, up to an aggregate amount of $51,771.21 which letter of credit is attached as Exhibit 2 hereto and hereby incorporated herein (the "Letter"). Eo Developer and the Board acknowledge that the amount Developer is required to guarantee pursuant to this Agreement is $51,771.21, and this amount represents 110% of the Developer's engineer's estimate of the construction costs for the Required Improvements. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer and the Board do hereby covenant and agree as follows: QBNAPk21851 I. 1 AGENIDA, I][I[ M, No. i~('~11i ! AUG 0 1 2000 1. Developer will cause the water, sewer, roads, drainage (and like facilities) and the Required Improvements to be constructed pursuant to specifications that have been approved by the Development Services Director within twelve (12) months from the date of approval of said subdivision plat. 2. Developer herewith tenders as its subdivision performance security the Letter, in the amount of $51,771.21, which amount represents 10% of the total contract cost to complete construction, plus 100 % of the estimated cost to complete the Required Improvements as of the date of this Agreement. 3. In the event of default by the Developer or failure of the Developer to complete the Required Improvements within the time required by the Collier County Land Development Code, Collier County may draw upon the Letter to insure satisfactory completion of the Required Improvements. 4. The Required Improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with the final project records have been furnished to, and reviewed and approved by, the Collier County Development Services Director for compliance with the Collier County Land Development Code. 5. The Development Services Director shall, within sixty (60) days of receipt of the statement of substantial completion, either: a) notify the Developer in writing of his preliminary approval of the Required Improvements; or b) notify the Developer in writing of his refusal to approve the Required Improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the Director's approval of the Required Improvements. However, in no event shall the Development Services Director refuse preliminary approval of the Required Improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. 6. The Developer shall maintain all Required Improvements for a minimum period of one year after preliminary approval by the Development Services Director. After the one year maintenance period by the Developer has expired, the Developer shall petition the Development Services Director to inspect the Required Improvements. The Development Services Director or his designee shall inspect the Required Improvements and, if found to be still in compliance with the Collier County Land Development Code as reflected by final approval by the Board, the Board shall consent to the termination of the Letter. The Developer's responsibility for maintenance of the Required Improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. 7. Two (2) months after the execution of this Agreement and once within every two (2) months thereafter, the Developer may request the Development Services Director to approve a reduction in the dollar amount of credit available under the Letter, in an amount equal to the value of the Required Improvements which have been completed as of the date of such request. QBNAPL218511.1 2 AG Elf AUG 0 1 2000 The value of the Required Improvements completed as of the date of request shall be calculated by multiplying the percentage of the total work completed by the respective cost for such work (as that cost is set forth in the Estimate), less ten (10%) percent. Each request for a reduction in the dollar amount of the subdivision performance security shall be accompanied by a statement of substantial completion signed and submitted by the Developer's engineer, together with the project records necessary for review by the Development Services Director. Upon verification of completion of the subject work and approval of the statement of substantial completion, the Development Services Director shall grant the Developer's request. Further, upon completion of the work and submission of a statement of final completion by the Developer's engineer, the Development Services Director shall approve the reduction of any remaining credit amount under the Letter, except to the extent of $4,706.47, which shall remain available under the Letter as Developer's guaranty of maintenance of the Required Improvements for a minimum period of one (1) year pursuant to Paragraph 6 of this Agreement. 8. In the event the Developer shall fail or neglect to fulfill its obligations under this Rgreement, upon certification of such failure, the County Administrator may call upon the Letter to secure satisfactory completion, repair and maintenance of the Required Improvements. The Board shall have the right to construct and maintain, or cause to be constructed or maintained, pursuant to public advertisement and receipt and acceptance of bids, the Required Improvements described herein. The Developer, as principal under the Letter, shall be liable to pay and to indemnify the Board, upon completion of such construction, the final total cost to the Board thereof, including, but not limited to, engineering, legal and contingent costs, together with any damages, either direct or consequential, which the Board may sustain on account of the failure of the Developer to fulfill all of the provisions of this Agreement. 9. All of the terms, covenants an.d conditions herein contained are an shall be binding upon the Developer and the respective successors and assigns of the Developer. QBNAP'O.18511. I 3 AGENDA ITEM No. I(~,tie) ~] AUG 0 1 2000 IN WITNESS WHEREOF, the Board and Developer have caused this Agreement to be executed by their duly authorized representatives this /P~-~ day of /O~/Ty,2000. Signed, sealed and delivered in the presence of: Print Name Below: Pfirf[ Name Below: Attest: Dwight E. Brock, Clerk DEVELOPER: REVCO/GE JOINT VENTURE, a Florida general partnership By: (Corporate Seal) REVCO HOLDINGS, INC., a Florida corporation, as General Partner BY: Ga r~y in~sell~~ BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Deputy Clerk ~oved ~sao form and .' i~i~ ,~legal sufficiency: ~_5.'~Collier oC'~ty Atio~'ney By: Chairman QBNAPX218511. ! 4 AG P:I~IOAJI, F~I~, NO. ~ AUG o 12000 IN WITNESS WHEREOF, the Board and Developer have caused this Agreement to be executed by their duly authorized representatives this .... day of__~.. ,2000. Signed, sealed and delivered in the presence of: Print Name Below: Below: Attest: Dwight E. Brock, Clerk DEVELOPER: REVCO/GE JOINT VENTURE, a Florida general partnership By: (Corporate Seal) REVCO HOLDINGS, INC., a Florida corporation, as General Partner By: Gary I~insella,/~ident BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Deputy Clerk ved- ,forman legal sufficiency: Collier Co~t/y Attorney By: Chairman QBNAP\218511.1 4 AG / M AUG o 1 2000 GLEN EDEN PHASE 2 BID SCHEDULE "A" CLEARING AND EARTHWORK Clearing, grubbing and preparation of berm areas, roadway rights-of-way, easements and home sites as designated by the Engineer in the field including chipping and grinding of all materials on the Owner's property and then disposal of all residue off the Owner's property, all as specified, per acre complete. Unit Quantity unit Price Total Price Acre 11.96 $ ?_'~ Oq:~. O C~ A-2. Importation of excess fill material from Glen Eden on The Bay, placement and compaction of material to construct the berms, roadways, casements, building sites and other areas designated by the Engineer in the field. Compaction testing required in. roadway areas. This item shall include loading stockpiled material from Glen Eden on. The Bay, trucking, dumping, spreading, grading and compacting. The contractor shall be required to provide warning signs and flagmen at each project entrance way. Unit Quantity Unit Price Cubic Yard 60,860 $ '~ (truck measure) \, Total Price A-3. Construct .silt fence prior to the start of construction and maintain in place untiI completion of construction per plan and details per lineal foot instailed. Unit Quantity Unit Price Total Price L.F. 2,910 Total Bid Schedule "A" $ Note: Lake 5 is existing. AGEMDAfI[I~M AUG 0 1 2P Q GRADY MINOR 941 947 0375 07/17 '00 12'50 N0.196 02/08 GLEN EDEN PHASE 2 BID SCHEDULE "B" DRAINAGE IMPROVElYIngS Furnishing and handling of all required materials, dewatering, bedding material (if necessary), rock removal and disposal off-site (if necessary), installation, baclcf'filing, compaction, compaction testing in roadway areas, f'mal grading, coordinating with other contractors and utility companies, flushing, clean-up, seeding of all areas disturbed by construction, repair of any damage caused by construction and other items necessary to complete the system and provide the owner with a complete working drainage system as shown on the drawings and specified on these contract documents. Pipe measurement is to outside of structures. ITEM DESCRIPTION UNIT OUANT~y B4 ~s" 'RcP ~.v. ~ $ Jg.oo B-2 I8" RCP L.F, 881 $ B-3 24" RCP L.F. 511 $ ~O,00 B4 30" RCP L.F. 197 $ B~ Camh B~ T~ C EA. 2 $ B-7 Wa~r ConSol ~. 1 $ Sincere B-8 18" Flar~ E~ EA. 5 $ B-9 24" FI~ End EA. 3 $ ~-~ B-10 30" ~ared End EA. 1 $ B-I1 Spryder Swale at L.F. 150 $ ~,~ wa~r control s~c~e B-12 Improve existing ~ L.F. 140 $_ 4~ (S~tion B-B) Totnl Bid Schedule "B" $ AGE M .,./~,~4~,, AUG o 1 2000 Q GRADY MINOR 941 947 0375 07/17 '00 12'50 N0.196 03/08 GLEN EDEN PHASE 2 BID SCHEDULE "C" SANITARY SEWAGE COLLECTION SYSTEM Includes furnishing and handling of all requirexl materials, connection to other pipelines, all excavation (including rock and over-excavation if necessary)', de-watering, bedding material (if necessary), pipeline installation, back filling (imported fill if n~-.assary), compaction, compaction testing in roadway areas, te]evised tape, infiltration and exfiltration testing, flushing, grouting, clean-up including r~sodding arean previously sodded, seeding all areas disturbed by construction, providing complete as-built drawings and other items necessary to complete the system and provide Owner, DEP and Collier County with a complete working sewage collection system as shown on the drawings and specified in these contract documents. (Cut from 10.0' NGVD) ITE1V[ DESCRIPTIOn/ ~ _QUANTITY UNIT. PRICE TOTAL PRICE C-1 8: Gravity Sewer L.F. 952 $ 0'- 6' Cut C-2 8" Gravity Sewer L.F. 876 $ lc~, 00 $ _] ~96_ ~..? 6'- 8' Cut C-3 8" Gravity Sewer L.F. 717 $. ~_4.c~ $ ~__~~~ 8' - I0' cut C-4 Manhole 0' - 6' Cut EA. 7 $ 1~50.o 0 $___~~_~..~ C-5 Manhole 6' - 8' Cut EA. 3 $ C-6 Manhole 8' - 10' Cut EA. 1 $ C-7 Outside drop (for MH-19)EA. 1 $ C-8 Service laterals including main line wye, 6~ service line, bends, fittings, double wyes (if require, d), plugs, clean-outs, 1oeators, etc. per details Single services Double services Total Bid Schedule "C" $ AUG o 1 2000 Q GRADY MINOR 941 947 0375 07/17 '00 12:50 N0.196 04/08 GLEN EDEN PHASE 2 BID SCHEDULE "D" WATER DISTRIBUTION SYSTEM Includes furnishing and handling of all required materials, joint restraint, thrust blocks, connection to other pipelines, all excavation (including rock and over-excavation if necessary), de-watering, bedding material (if necessary), pipeline installation, back filling (imported fill if necessary), compaction, compaction testing in roadway areas, pressure testing. disinfecting pipelines, flushing, clean-up including resodding areas previously sodded, seeding all areas disturbed by construction, providing complete as-built drawings and other items necessary to complete the system and provide ~e Owner and Collier County with a complete working water distribution system as shown on the drawings and specified in these contract documents. LTF~M DESCR!P'EION__ D-1 10" DIP water main D-2 10" C900, CLI50 PVC water main D-3 8" C900, CL200 L.F. 195 -",, PVC water main D-4 8' C900, CL150 L.F. 315 PVC water main D-5 6" C900, CL200 L.F. 95 PVC water main D-6 6" C900, CL150 L.F. 2,295 PVC water main. D-7 Temporary construction L.S. 1 meter (gap) D-8 8" Gate valve EA. 1 D-9 6" Gate valve EA. 3 D-I0 10" 90° MJ Bends ~,, 2 D-11 I0" x 10" x 8" EA. 1 MJ Te~ ~ _OUANTITY UNIT PRICE $. F'/,00 TOTAL PRI~ $ 651 $ AUG 0 1 2000 Q 6RADY MINOR 941 947 0375 07/17 '00 12'50 N0.196 05/08 BID SCHEDULE "D" (continued) D-12 D-13 D-14 D-15 D-16 D-17 D-18 D-19 D-20 D-21 DESC. Ig. J~pTIQN 10" x 6" Reducer 8" 45 ° MJ Bends 8" x 6" Reducer 6" MJ Tee 6" 45° MJ Bends 6" 22~A ° MJ Bends 6" 11V4° MJ Bends Fire hydrant assemblies Permanent Bacteriological sample point Water service sleeves EA. 1 EA. 2 EA. 1 EA. EA. 2 EA. 12 EA. 4 EA. 7 EA. 1 EA, 27 Total Bid Schedule "D" $ 5~d O ~,_~....O $ =,'5 $ _4.,t, So.='> AGENDA..I[EM NO. Ih'~/Efll i AUG 0 1 2000 Q GRADY MINOR 941 947 0375 07/17 '00 12'51 N0.196 06/08 GLEN EDEN PHASE BID SCHEDULE "E" ROADWAY CONSTRUC'F[ON Roadway construction complete per the plans and Collier County specifications including stabilized subgrade, stabilized shoulder, limerock bas~, tack coat, asphaltic concrete, required testing by an independent laboratory, roadside fi]] and grading for full width of right-of-way and easements, finish grading, seeding and mulch. ITEM DESCRII~ON UNITQUANTITY UNIT PRICE TOTAL PRICE E-I 3/4" Asphalt Type S-3S.Y.8,522 $ (first lift only) E-2 8" Limerock Base S.Y. 8,522 $ 5,o o $ 7..~ E-3 12" Stabilized SubgradeS.Y.9,736 $ ....7_ ,~O $ 7.,O~)~A~6~ E~4 2' Concrete valley L.F. 3,580 $ gutter Type "F" modified curb and gutter Type "A" Curb Type "E" modified curb and gutter including H/C curb cuts 5' Wide concrete sidewalk Asphalt turn-around Remove existing temporary turn-around Stop sign w/str~t sign on. top including stop bar Speed limit signs Diamond reflectors L.F. 2,483 E-6 L,F. 151 $. E-7 L.F. 95 $ 7,90 $ E-8 L.F. 2,815 $ E-9 L.S. 1 $. ~>o.~"o $ ~.~o.'~ E-10 L.S. 1 $ ~. oO $, E- 13 EA, 2 $ jena. o ~ $ 7..c~.'~% AUG o 1 2000 Q GRADY MINOR 941 947 0375 07/17 '00 12'51 N0.196 07/08 E-14 E-15 E-16 E-17 E-18 E-19 E-20 2" PVC conduit (w/cap and locator typical) (70 LF) 2" PVC conduit (50 LF) 4" PVC conduit (70 LF) 4" PVC conduit (50 LF) Bahia Sod Seed, mulch & fertilize Blue RPM's at Fire hydrants EA. 4 EA. 8 EA, 6 EA. 12 S.F. 9,125 AC. 3.2 EA. 7 $ 0,2.0 $.__~:~.._~ $ i Total Bid Schedule "E" $ AG END. A l T~E,M No. I&.lIl) ; AUG 0 1 2000 Q GRADY MINOR 941 947 0375 07/17 '00 12'51 N0.196 08/08 GLEN EDEN PHASE 2 BI~D SCHEDULE ~Y SCHEDULE "A", SCHEDULE "B", SCHEDULE "C", SCHEDULE SCHEDULE "E" Clearing and Earthwork Drainage Improvements Sanitary Sewage Collection System Water Distribution System Roadway Construction TOTAL BID F:OE2.C~, AUG 0 1 ZOO0 Bank,of America DATE: APRIL I 4, 2000 PAGE: t IKAEVOCABLE STANDBY LETTER OF CP, EDIT NO. 3024907 ISSUING BARK: BANK OF AMERICA, N.A. MAIL CODE: CA9-703-19-23 333 SOUTH BEAUDRY AVENUE, 197" FLOOR LOS A~NGELES, CA 90017-1466 APPLICANT: R/~VCO/GE JOINT VENTURE 14510 VANDERBILT DRIVE NAPLES, FL 34110 BENEFICIARY: THE BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ENG. REVIEW 2800 N. HORSESHOE DRIVE NAPLES, FL 34104 AMOUNT: USD 51,771.21 (FIFTY ONE THOUSAND SEVEN HUNDRED SEVENTY ONE AhrO 21/100 u.S. DOLLARS) EXPIRY: APRIL 5, 2001 AT OUR COUNT£RS WE HEi~BY ISSUE THIS STANDBY LETTER OF CidEDIT IN FAVOR OF Tile BOARD OF COUNTY CO~4ISSIONERS, COLLIER COUNTY, FLORIDA (HEREINAFTER "BENEFICIARY") FOR THE'ACCOUNT OF REVCO/GE JOINT VENTURE (HEI~EINAFTER "AP~LIC~T") , IN THE ~OU~T OF FIFTY ONE THOU$~D SE%r~N HUNDt~D SEVENTY ONE AND 21/100'U.S. DOLLARS _($51,771.21), WHICH IS AVAILABLE BY YOt~J~ DR~uFT AT SIGHT DRAWlq ON BANK OF AMERICA, N.A., ACCOMPANIED BY THIS ORIGINAL LETTER OF CREDIT AND ALL A/4ENDt~ENTS, IF ~Y ~ THE FOLLOWING DOCENT: BENEFICIARY'S STATEMENT PURPORTEDLY SIGNED BY TIlE COUNTY MANAGER, CERTIFYING THAT: "REVCO/GE JOINT VENTURE HAS FAILED TO CONSTRUCT AND/OR MAINTAIN THE IMPRO%rE/4ENTS ASSOCIATED WITH THAT CERTAIN PLAT OF A SUBDIVISION' KNOW~ AS GLEN EDEN ON THE LAJ~ES PHASE 2 OR A FINAL INSPECTION SATISFACTORY TO COLLIER COUNTY HAS NOT BEEN PERFORMED PRIOR TO THE DATE OF EXPIRY, AND SATISFACTORY ALTERNATIVE PERFORMANCE SECURITY HAS NOT BEEN PROVIDED TO AND FORMALLY ACCEPTED ~Y THE BENEFICIARY." DRAFT(S) DRAWN UNDER THIS LETTER OF CAEDIT MUST BE MARKED "DRAWN UNDER BANK OF AMERICA, N.A. CREDIT NO. 3024907 DATED APRIL 14, 2000." THIS CREDIT SHALL BE VALID UNTIL APRIL 5, 2001, AND SHALL THEREAFTER BE AUTOMATICALLY RENEWED FOR SUCCESSIVE ONE-YEAR PERIODS ON T .MTt~G~_A~' -- ~I~RS~Y OF ITS ISSUE ~LESS AT LEAST SIXTY (60} DA~S PR~OR ~. ~ ~X SUC~ ~I~RS~Y DATE, THE ISSUER NOTI~1ES THE BENEFICI~Y ]N ~ITING BY ~G~STE~D ~IL OR O~IGHT CO~IER SERVICE T~B~O~ I 9~ Bank fAmerica PAGE: 2 THIS IS AN INTEGP. A.L PART OF LETTER OF CREDIT NU~4~ER: 3024907 THIS LETTER OF CREDIT SETS FORTH IN FULL THE TEP~4S OF THE ISSUER'S U]TDI~TA/~ING ARD SUCH UNDERTAKING SHALL ~OT IN A.N~ WAY BE MODIFIEDj AMENDED, OR AMPLIFIED BY !~EFERENCE TO AJ4Y DOCL~4ENT, INSTRU74ENT, OR AGRE.F24ENT REFERENCED TO HEREIN OR IN WHICH THIS LETTER OF CREDIT RELATEB, AND ARY SUCH I~EFERENCE SHALL NOT BE DEEMED TO INCORPORATE HEREIN BY REFERENCE ANY DOCUM~NT~ INSTRUMENT OR AGREEMXNT. BANK OF AMERICA, N.A. HEREBY ENGAGES WITH BENEFICIARY THAT DRAFT(S) DRAWN UNDER AND IN CO~!PLIA~CE WITH T~E TERMS OF THIS CREDIT WILL BE DULY HONORED BY ISSUER IF PRESENTED WITHIN THE VALIDITY OF THIS CREDIT. THIS CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS ARD PRACTICE FOR DOCUMENTARY CREDITS (1993 REVISION) IHTERNATIONAL CHAMBER OF CG~dM~RCE PUBLICATION NO. 500. BANK OF AMERICA, N.A. TITI, E: SR. AUTHORZZED OF~'ICER NAME :DIT-L. BRF_.AU~T TITLE:ASST. VICE- PI~ESIDENT AG EM AUG 0 1 2000 ~g:~~ ;~AGE. 8~. CAL;FORNIA ALL.PURPOSE ACKNOWLEDGMENT N~me(¢) ot ~nerl s) ~ersonally known to me - OR - ~ proved to me on the basis of satisfactoW evidence to be the person(s) :. whose name(s) is/are subscribed to the within instrument : and acknowledged to me t~a[ he/she/t~ey executed the same in ~is/her/their authorized capaci~y(ies), and thai by his/her/their s,gnature(.)on the ins,rumen, ,.. person(sL Comm;~;on ~ J2,5~ ~ or the enlity upon behalf ot which the person(s) acted, ~o,~ Pucl~--C~,it~ ~ executed the instrument. ~ ~m%~eL~'=~[ WITNESS my hand and official seal. OP~ONAL information below ;s not requ~reE Oy law. it may ~rove valuable to persons relying on t~e d~ument an~ could prevenr fraudulent removal an~ realtac~ment of t~ls form to another EocumenL Description of Attached Document T, tle or Type of Document: '~'~' ~/ ,-~/ :f-/~ :,~-E//¢/? Document Date: V/'V/~'O' Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer:s Name: .~/T-Z- .~:/~,,:[,~' Individual ,~T'-Corporate Officer_ .,~$<j'/~ Pa~ner ~ ~ Limited ~ General AEorney-in-¢act Trustee Guardian or Consenator Other: ~ ~ ned ~ere Signer Is Representing: [] Individual .~'- Corporate Officer T',tle(s):5~. - I-] Partner- F'] Limited [] General [] Attorney-in-Fact [] Trustee I'-I Guardian or Conservator [] Other: Told of I~utnD ne,~e Signer Is Representing: · o ~ /~ '/~f~"*/~ ; , , . O 1~95 HalK3nlJ Notazy Al.~3cialtO~, ~ Refi~nM Ave.. P.O. Boa[ Tl~4 · Canoga Pa4~. CA g130~71~, Pn:xL No. 5907 EXECUTIVE SUMMARY REQUEST TO GRANT FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "PELICAN LAKE RV RESORT, PHASE THREE" OBJECTIVE: To grant final acceptance of "Pelican Lake RV Resort, Phase Three" CONSIDERATION: On March 8, 1999, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Pelican Lake RV Resort, Phase Three" The roadway, drainage, water and sewer improvements not required by the plat to be maintained by the project's homeowners association will be maintained by the County. The required improvements have been constructed in accordance with the Land Development Code. The County Development Services has inspected the improvements and is recommending final acceptance of the improvements. A resolution for final acceptance has been prepared and approved ~-' the County Attorney's Office. A copy of the document i~ attached. FISCAL IMPACT: The roadway, drainage water and sewer improvements not required to be maintained by the project's homeowners association will be maintained by the County Transportation Department and the County Utility Divisions. Funds for the routine maintenance and upkeep will come from the Operations and Maintenance budgets of the Transportation Services and Utility Divisions. GROWTH MANAGEMENT IMPACT: None AUG 0 1 2000 Executive Summary Pelican Lake RV Resort, Phase Three Page 2 RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Pelican Lake RV Resort, Phase Three" and release the maintenance security. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize zhe release of the maintenance security. PREPARED BY: John R. Houldsworth, Senior Engineer Engineering Review Date REVIEWED BY: Thomas E. Kuck, P.E. Engineering Re';iew Manager Ro re, AICP Planning Services Department Director Date Date APPROV~~ Vincent A. Cautero, AICP, Administrator Community De';. and Environmental Svcs. Date j rh No. ~ AUG 0 1 2000 dYn NOIJ.¥309 AUG o 1 2ooo 1 2 5 6 7 8 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 35 36 37 38 39 4O 41 42 43 44 45 46 47 48 49 5O 51 52 53 55 56 57 58 59 6O RESOLUTION NO. 00- RESOLUTION AUTHORIZING FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, WATER AND SEVsrER IMPROVEMENTS IN PELICAN LAKE RV RESORT, PHASE THREE, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPTING THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE HOMEOVqNERS ASSOCIATION. WHEREAS, the Board of County Commissioners of Collier County, Florida, on May 19, 1998 approved the plat of Pelican Lake RV Resort, Phase Three for recording; and WI-IEREAS, the developer has constructed and maintained the roadway, drainage, water and sewer improvements in accordance with the approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No. 91-102, as amended); and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 97-17), and WHEREAS, the developer has now requested final acceptance of the roadway, drainage, water and sewer improvements and release of his maintenance security; and WHEREAS, the Compliance Services Section of the Development Services Department has inspected the roadway, drainage, water and sewer improvements and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance be granted for those roadway, drainage, water and sewer improvements in Pelican Lake RV Resort, Phase Three, and authorize the Clerk to release the maintenance security. BE IT FLIRTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for the roadway, drainage, water and sewer improvements that are not required to be maintained by the homeowners association. This Resolution adopted after motion, second and majority vote favoring same. DATE: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:. Approved as to form and legal sufficiency: Heidi F. Ashton Assistant Collier County Attorney AGE AUG o 1 zooo EXECUTIVE SUMMARY .¢EQUEST TO GRA/Tr FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "PELICAN LAKE RV RESORT, PHASE FOUR" OBJECTIVE: To grant final acceptance of "Pelican Lake RV Resort, Phase Four" CONSIDERATION: 1. On March 8, 1999, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Pelican Lake RV Resort, Phase Four" 2. The roadway, drainage, water and sewer improvements not required bST the plat to be maintained by the project's homeowners association will be maintained by the County. o The required improvements have been constructed in accordance with the Land Development Code. The County Development Services has inspected the improvements and is recommending final acceptance of the improvements. o A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. FISCAL IMPACT: The roadway, drainage water and sewer improvements not required to be maintained hy the project's homeowners association will be maintained by uhe County Transportation Department and the County Utility Divisions. Funds for the routine maintenance and upkeep will come from 5he Operations and Maintenance budgets of the Transportation Services and Utility Divisions. GROWTH MANAGEMENT IMPACT: None AUG 0 i 2000 Executive Summary Pelican Lake RV Resort, Page 2 RECOMMENDATION: Phase Four That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Pelican Lake RV Resort, Phase Four" and release the maintenance security. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize 5he release of the maintenance security. PREPARED BY: John R. Houldsworth, Senior Engineer Engineering Date REVIEWED BY: Thomas E Kuc~, Engineering Rev£ew Manager Date Planning Services Department Director Date APPROVE Vincent A. Caunero, AICP, Administrator Community Der. and Environmental Svcs. j rh AGE AUG 0 1 2000 __ EL EVAI I SEIKR ....... LATERAl _ C INEAR ~I~T ICAL DATU¥ I NTERC~..C1 10N ~T IN CONTRACT _RIGHT Of' WAY -_ ~01L BORING ..... STAT IC~ _ UllLITY ~,.E TELEVISION POWER IC COOPEI~AT I v£ :]NE M' fLORIDA BASE LINE ~ CENT[RL _ .__FLOR LINE TED I~TAL Tire IRON PIPE CHLORIDE PIPE CONCRE T£ PIPE CONCRETE PIPE ~;AN[ TARY EWER STRUCTURE ~WATERMAIN RRIGAT ~ON MAIN _ EFFLUENT ¥AIN Or FEET 'ALVE. COMPLETE IE VALVE I/ BOX )RANT. COMPLETE ~L SAMPLE POINT ~L SAI~LE POINT ~ BLOWer PiPE ~ ~WATER ~IGAT [~ ~TER ~ ~CER tE GR~ ~ SE~R ~AL & CLEAN~T ~P~ STAT 1~ ~R & STATUE ~WALL qTR~ STATUE ~ED [~ ~CT~ON ~OSED ELEVAT[~ [~NT ELEVAT [~ STING ELEVAT ~ON [~NT [LEVAT [~ = DRAINA~ ~LOW ~ECTI~ ~ FLOW 0 PARKING SPACE I~FR~A ] N LOCATION MAP AGE AUG 0 ! 2000 1 2 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 ~ 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 59 60 RESOLUTION NO. 00- RESOLUTION AUTHORIZING FINAL ACCEPTANCE OF THOSE ROADWAY, DRa~INAGE, WATER AND SEWER IMPROVEMENTS IN PELICAN LAKE RV RESORT, PHASE FOUR, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPTING THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE HOMEOWNERS AS SOCIATION. W~HEREAS, the Board of County Commissioners of Collier County, Florida, on May 19, 1998 approved the plat of Pelican Lake RV Resort, Phase Four for recording; and VVHEREAS, the developer has constructed and maintained the roadway, drainage, water and sewer improvements in accordance with the approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No. 91-102, as amended); and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 97-17), and WHEREAS, the developer has now requested final acceptance of the roadway, drainage, water and sewer improvements and release of his maintenance security; and X~-IEREAS, the Compliance Services Section of the Development Services Department has inspected the roadway, drainage, water and sewer improvements and is recommending acceptance of said facilities. NOW, THEREFOR~E, BE IT RESOLVED BY THE BOARI) OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLOR_IDA, that final acceptance be granted for those roadway, drainage, water and sewer improvements in Pelican Lake RV Resort, Phase Four, and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for the roadway, drainage, water and sewer improvements that are not required to be maintained by the homeowners association. This Resolution adopted after motion, second and majority vote favoring same. DATE: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:. CHAIR2vIAN Approved as to form and legal sufficiency: H~idi ~. -Xshion Assistant Collier County Attorney AGE AUG 0 1 20011 EXECUTIVE SUMH~Y REQUEST TO APPROVE THE RECORDING OF THE FINAL PLAT OF "CAPISTRANO AT GREY OAKS", AND APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY OBJECTIVE: To approve the recording of the final plat of "Capistrano at Grey Oaks", a subdivision of lands located in Section 24, Township 49 South, Range 25 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 "Capistrano at Grey Oaks" These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees ~---. ~ave 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 "Capistrano at Grey Oaks" be approved for recording. final plat of FISCAL IMPACT: The fiscal impact to the County is as follows. The project cost is $203,155.00 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $ 47,200.00 - $155,955.00 The Security amount, equal to 110% of the project cost, is $223,470.50 AUG 0 1 2000 Executive Summary Capistrano at Grey Oaks 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: $4,090.00 Fees are based on a construction estimate of $203,155.00 and were paid in June, 2000. The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./ac)- $ 465.00 b) c) Paving, Grading (1.3% const. est.) GROWTH MANAGEMENT IMPACT: Construction Drawing Review Fee Water & Sewer (.50% const. est.) - $ 236.00 Drainage, Paving, Grading (.42% const. est.)- $ 655.00 Construction Inspection Fee Water & Sewer (1.5% const. est.) - $ 707.00 Drainage, - $2027.00 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 "Capistrano at Grey Oaks" for recording with the following stipulations: Approve the amount of $223,470.50 as performance security for the required improvements. Approve the standard Agreement, and form Construction and Maintenance 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. """"'""'-'--'~"~N~,~, 'TE~ .... Executive Summary Capistrano at Grey Oaks Page 3 PREPARED BY: John R. Houldsworth, Senior Engineer Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Manager Robe AICP Planning Services Department Director APPROVED ~ Y ;/ Vincent A. Cautero, AICP, Administrator Community Development & Environmental Services Date Date Date Date j rh AGE AUG 0 1 2_000 ,tJLLILIX D'UUIXl I ¥, I- L(,.JNIDA EXE~YI'IVE SUI~,I~Y REQUEST TO APPROVE FAIRWAYS" FOR RECORDING THE FINAL PLAT OF "FLAMINGO OBJECTIVE: TO approve for recording the final plat of Flamingo Fairways, a subdivision of lands located in Section 27, Township 50 South, Range 26 East, Collier County, Florida. CONSIDERATION: Engineering Review Section has completed the review of the final plat of "Flamingo Fairways". 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 "Flamingo Fairways" be approved for recording. the final plat of 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. No. ~ 0 t ZOO0 l Executive Summary Flamingo Fairways Page-2 RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Flamingo Fairways" with the following stipulations: 1. Authorize the recording of the Final Plat of Fairways." "Flamingo PREPARED BY: John R. Houldsworth, Senior Engineer Engineering Review Date REVIEWED BY: .-. Thomas E. Kuck, P.E. Engineering Review Manager R~be~t Mulhere, AICP Planning Services Department Director APPR~Y:~. ~ Vincent A. Cautero, AICP Administrator Community Der. and Environmental Svcs. Date Date Date NO. ~ AUG o 1 2000 EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "SHADY HOLLOW TRUST" OBJECTIVE: To approve for recording the final plat of Shady Hollow Trust, a subdivision of lands located in Section 9, Township 48 South, Range 27 East, Collier County, Florida. CONSIDERATION: Engineering Review Section has completed the review of the final plat of "Shady Hollow Trust". 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 "Shady "-~{ollow Trust" 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. 1'40. ~ AUG o 1 000 Executive Summary Shady Hollow Trust __Page 2 RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Shady Hollow Trust" with the following stipulations: 1. Authorize the recording of the Final Plat of "Shady Hollow Trust." PREPARED BY: John R. Houlds~orth, Senior Engineer Engineering Review Date REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Manager Robert'Mulhe~e, AICP Planning Services Department Director APPROV, E~/~Y: Vincent A. Cautero, AICP Administrator Community Der. and Environmental Svcs. Date Date AUG 0 1 2000 IC RECORDS COLLIER (ZOUIN I 1', )CATION MAP (NOT TO SCALE) PROJECT SITE 43rd AVE. N.W. 41st AVE. N.W. 39th AVE. N.W. IMMOKALEE RD. v o OIL WELL F AGENDA ITEM AUG 0 1 2000 EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "SARATOGA AT LELY RESORT" OBJECTIVE: TO approve for recording the final plat of Saratoga at Lely Resort, a subdivision of lands located in Section 27, Township 50 South, Range 26 East, Collier County, Florida. CONSIDERATION: Engineering Review Section has completed the review of the final plat of "Saratoga at Lely Resort". 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 Saratoga at Lely Resort" be approved for recording. plat of 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. AGENDA ITEM AUG 0 1 2000 Executive Summary Saratoga at Lely Resort ~age 2. RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Saratoga at Lely Resort" with the following stipulations: 1. Authorize the recording of the Final Plat of "Saratoga at Lely Resort." PREPARED BY: John R. Hould~wo~th, Senior Engineer Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. Eng~eering Review Manager Robe~ Mulhere, AICP Planning Services Department Director APP~VED BY: Vincent ~. Cautero,~A-I~P Administrator Community Der. and Environmental Svcs. Date Date Date Date AC~N~A I~ AUG 0 1 2000 P~. _3.- EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "CEDAR HAMMOCK UNIT 2", 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 "Cedar Hammock Unit 2", a subdivision of lands located in Section 3, 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 "Cedar Hammock Unit 2" 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 nprovements, together with a Construction and Maintenance Agreement £or 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 "Cedar Hammock Unit 2" be approved for recording. FISCAL IMPACT: The fiscal impact to the County is as follows. The project cost is $255,601.04 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $ 87,940.00 - $167,661.04 The Security amount, equal to 110% of the project cost, is $281,161.14 AUG 0 1 2000 Executive Summary Cedar Hammock Unit 2 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: $5140.41 Fees are based on a construction estimate of $255,601.04 and were paid in March, 2000. The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./ac)- $ 497.84 b) c) Paving, Grading (1.3% const. est.) GROWTH MAI~AGEMENT IMPACT: Construction Drawing Review Fee Water & Sewer (.50% const. est.) - $ 439.70 Drainage, Paving, Grading (.42% const. est.)- $ 704.18 Construction Inspection Fee Water & Sewer (1.5% const. est.) - $1319.10 Drainage, $2179.59 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 "Cedar Hammock Unit 2" for recording with the following stipulations: 1. Approve the amount of $281,161.14 as performance security for the required improvements. o Approve the standard Agreement, and form Construction and Maintenance 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. AUG o 12000 Executive Summary Cedar Hammock Unit 2 Page 3 PREPARED BY: · Houldswo~fh, Senior Engineer Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Manager RoSert~CP Planning Services Department Director APPROV~ BY: AICP, Administrator Community Development & Environmental Services Date Date Date Date j rh AUG 0 1 2000 SHEET 1 OF 4 29 EN G A T..~E KWY. 32 <' IS BLVD. RANGE 26 EAST 34 R,~D~O RD. 9 10 26 25 35 36 il 12 LOCATION MAP NOT TO SCALE O REVIEW SERVICES VED BY THE ENGINEERING REVIEW SERVICES SECTION -Y DEVELOPMENT DIVISION OF COLLIER COUNTY, FLORIDA, )F 2000 A.D. ),E. MANAGER/COUNTY ENGINEER ,ND SURVEYOR v'ED ~Y THE COUNTY LAND SURVEYOR OF COLLIER COUNTY, DAY OF , 2000 ,~..D. AUG 0 1 2000 REVIEWING SECTION: ENGINEERING REVIEW / SUBDIVISION REVIEW DATE: 7/20/00 REVIEWED BY: JOHN HOULDSWORTH, Senior Engineer PROJECT #: PROJECT NAME: Mediterra Parcel 110 REVIEW #: 1 STATUS: APPROVED HOLD XX NO REVIEW RECOMMENDATIONS and/or COMMENTS: Provide the following: a. Construction & Maintenance Agreement. (3.2.9.1.2) Bondprior to recording of plat b. Waiver & Release. (3.15) Pending approval e. UtiliW company plat approval le~ers. (3.2.8.4.19) Provide Media One l~er; FP&L le~er required additional easement on the plaa Limit sign, Stop Lines, reflector locations for hydrants. 7. Drz~==ge :truePxrex =x~ ez:ement: e~m~lete See ~13 below 8. Current · .... ~a..~. ~. o a~oz .... : .... ~ anoz ~ ..... '~' ? Provide confirmation that drainage out-falls into ~is~ng drainage easements. 10. Provide copy of Existing Ingress / Egress Easement. 11. It appears that additional C.U.E.'s should be added across a potion of Tract G; also U.E. across potion of Tract B should be C.U.E. 12. C.U.E. for lift station is outside of the plat bounda~. 13. Additional Drainage Easement needed on the plat be~een S - 38 and S - 41. 14. Sheet 7 Berm Notes should be 2:1 and 3:1. Upon re-submittal, please identify all revisions on plats by highlighting, and all revisions to Construction Plans by numbering and/or clouding. AUG 0 1 2000 EXECUTIVE SUMMARY REQUEST TO APPROVE THE ACTIVITY CENTER #9 INTERCHANGE MASTER PLAN VISION STATEMENT OBJECTIVE: Approval of the Activity Center #9 Interchange Master Plan Vision Statement CONSIDERATION: During the 1997 Evaluation and Appraisal Report (EAR) Growth Management Plan (GMP) amendment hearings, the BCC adopted an amendment to expand the boundary of Activity Center #9 and require thffdevelopment of an Interchange Master Plan (IMP). The intent of the IMP is to create an enhanced "gateway" to Naples through design guidelines, access management plan and a zoning overlay district. The IMP will address transportation, land use, landscaping, signage, and architectural design. The purpose of the Vision Statement is to guide the development of the IMP to reflect the study parameters established by the BCC. The Vision Statement is the first step in the development of the IMP which will be adopted by Resolution by the Board of County Commissioners. The IMP process was initiated by a meeting between the property owners and their representatives with the County planning staff on July 11, 2000. The purpose of the meeting was to establish a mutually acceptable vision statement for Activity Center #9. Preparation of the Vision Statement for Activity Center #9 is a requirement of the GMP. The following is a list of the IMP's study parameters: · Land Use - amount, type, and location · Transportation and Access - traffic generation volume characteristics of uses, shared access, frontage roads, restricted, or prohibited access · Landscaping/Buffers - requirements for unified landscape theme to enhance the "gateway" image · Signage - development of unified signage plan for the interchange · Architecture - specific architectural standards for buildings FISCAL IMPACT: There is no fiscal impact generated by this Executive Summary. GROWTH MANAGEMENT IMPACT: Development of a Vision Statement for an Interchange Master Plan for Activity Center #9 is a requirement of Policy 1.1 .B.2. (Urban Designation, Urban Commercial District, Interchange Activity Center Subdistrict) and the Designation Description Section of the Future Land Use Element of the GMP. RECOMMENDATION: That the BCC direct staff to finalize the IMP to implement the Vision Statement standards. N~o.a~.~ ~-) AUG 0 1 2000 Amy KffTaylor, ~IC~,/ Principal Planner Date: -~//% //~/J / Reviewed by ~.~~-~ '~ Date: Stan Litsinger, .,~ICP, Con~ehensive Planning Manager Reviewed by Approved by ~ _ Date: ~ob/ert Mulhere, AICP, Planning Services Director .~i_~~. _/.~te ~'"- Date: Vincent A Cau r;, AICP, Division Administrator Community Development and Environmental Services AUG 0 1 2000 ACTIVITY CENTER #9 INTERCHANGE MASTER PLAN VISION STATEMENT The Vision Activity Center #9 will be a "Gateway" into Collier Cuunty. It will be a destination for residents, and the traveler's choice place to stop along 1-75 and Collier Boulevard. Both residents and travelers will be able to appreciate the essential quality of Collier County in this 633 acre Activity Center. Land Use Activity Center #9 shall be developed with a mix of uses that will serve residents and travelers. The mix of land uses shall be designed to complement the intensity of the intersection while transitioning appropriately to the nearby residential communities. Land uses shall be located in a manner that will enhance the overall appearance and function of the activity center, as shown on the attached Land Use Plan. Land uses may include a mixture of office/business centers, light industrial employment centers, retail and service commercial, hotel/motel, community facilities and residential development. A maximum of 55% (348 acres) of the total acreage may be devoted to commercial land uses. Transportation System and Access Primary access shall be provided by access roads generally controlled by traffic signals at arterial intersections. Direct access from development sites to the arterial road network shall be restricted to those minor secondary connections shown on the attached Access Management Plan. Each quadrant of the activity center shall provide for internal interconnections between adjacent land uses to facilitate convenient and safe internal vehicular and pedestrian movements without affecting the external roadway network. Future transit stops shall be supported. The Design Elements Collier County has many exemplary characteristics. The county is known for its beaches, golf courses and the Everglades; residents enjoy the opportunity to live, work and play in beautiful rural areas and vibrant urban settings. As Activity Center #9 is located on the urban edge of Collier County, emphasis will be placed on design themes that are complimentary and reflect the influences such as the Everglades, rural areas and Old Florida. Properties within Activity Center #9 shall be developed or redeveloped in accordance with one or more of the design themes defined in the Interchange Master Plan (IMP). The design themes shall be incorporated into the landscape, architecture, signage, gateway features, and roadway lighting design. Implementation All development within Activity Center #9 shall be consistent with this Vision Statement. An IMP shall be developed to further define the intent of this Vision Statement, and shall be adopted by the Board of County Commissioners by Resolution. Subsequent to the adoption of the IMP, an Activity Center #9 zoning overlay district shall be adopted in the Land Development Code. AGEND&~tTEM~ (._, ,) AUG 0 i 2000 EXECUTIVE SUMMARY RECOMMENDATION TO TERMINATE THE CONTRACT WITH ENVIRONMENTAL CARE, INC., BID #99-2964 FOR LELY GOLF ESTATES M.S.T.U. ROADWAY GROUNDS MAINTENANCE. OB,!ECTIVE: To have the Board of County Commissioners terminate the contract with Environmental Care, Inc., Bid #99-2964 for Lely Golf Estates M.S.T.U. Roadway Grounds Maintenance. CONSIDERATION: 1. Bids were solicited for Lely Golf Estates M.S.T.U. Roadway Grounds Maintenance on June 21, 1999. Bids were opened on July 21, 1999, with three (3) bidders responding. Environmental Care, Inc. (ECI) was awarded the bid on September 14, 1999, for a one (i) year period. 2. Environmental Care has been unable to comply with the specifications of the contract. A letter dated May 15, 2000, notified ECI in writing of these maintenance deficiencies and included a report from the County's Landscape Architect Consultant, dated May 1, 2000. ECI provided no response to the May 15, 2000 letter. On June 9, 2000, ECI Account Manager, Randall Tudor, met with the Lely Golf Estates Beautification Advisory Committee and was unable to assure that contractual obligations would be met. Based on the continued lack of meeting the maintenance requirements and as documented, the Lely Golf Estates Beautification Advisory Committee recommended immediate termination of ECI's Maintenance Contract. 3. Staff recommends the use of Commercial Land Maintenance (CLM) as interim maintenance provider using unit prices from the CLM bid on Contract #9%2964, as authorized in that bid and requests authorization to re-bid. FISCAL IMPACT: Funds are available in the Lely Golf Estates Beautification Fund 152 for Roadway Grounds maintenance. GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: That the Board of County Commissioners terminate the current contract with Environmental Care, Inc.; authorize the use of Commercial Land Maintenance as interim maintenance provider under Contract #99-2964; and, authorize staff to re-bid the Lely Golf Estates M.S.T.U. Roadway Grounds Maintenance contract. AGEND/~ I~EM No. i ~'t, ~ ..::, ~i 2000 ! SUBMITTED BY: REVIEWED BY: REVEIWED BY: Gw, ei Butler, Interim Purchasing Director APPROVED BY: ij~' //~ '/~ '4'~)~'~ Date: Mike McNees, Interim Transportation Administrator Val P~nce, EngineerJI,J2n'dscape Operations · -'"/f x. ,.~.~, fr~7~-.-"-* Date: Edward J. ~[', ~ranspo~ation Operations Director , ' ', "~ ~r ~'; Date: AGENDA ITEM No.l~t F~ ~ EXECUTIVE SUMMARY Metropolitan Planning Organization (MPO) Budget for Public Transportation Planning Activities Objective: To establish the MPO's 2000-01 operating budget for public transportation planning activities for the grant year which commences July 1, 2000. Considerations: This request is consistent with the MPO's Unified Planning Work Program (UPWP) adopted May 9, 2000, and amended June 23, 2000. These funds will be used chiefly for completion of the Public Transportation Operation Plan, and for transit capacity assessment, both described in the UPWP (Tasks 3.3.1 and 3.7. I). Fiscal Impact: Maximum possible county share of the match requirement is $7,100, to be transferred from the General Fund. Grosvth Management Impact: None Recommendation: Staff recommends the Board approve the Budget Amendment request for public transportation planning activities in the MPO program for FY 2000-01. Gavin Jones, P.E., AJCP, lnterip Transpo~fition Planning Director Approved by:' /?']'~"~i[/~/ Edward Kant, P.E.,/i,'~fi~-Iifterim Administrator Transportation Divisi~ Date: ~- ]" ' AGENDAITEM No._IV _ A'J.3 0 ! EXECUTIVE SUMMARY ADVANCED COMMITMENT TO MAINTENANCE OF SELECTED FUTURE TRANSPORTATION ENHANCEMENT PROJECTS. Objective: Commitment to maintain Transportation Enhancement projects if selected and constructed. Considerations: Each year the Collier County Metropolitan Planning Organization selects one or more projects to be constructed with Transportation Enhancement funds as part of the Florida Department of Transportation's work program in Collier County. Each project application requires a commitment by a local government to maintain the project if selected and constructed. This year, for consideration as projects in either fiscal year 2004/05 or 2005/06 are two projects: Vanderbilt Beach Rd. - This project will add landscaping, water sprinklers, and pavers for a walkway at the corner of Vanderbilt Beach Rd., Hammock Oak Dr., and Gulf Pavilion Dr. This project will also add landscaping, piping, and sprinklers on Vanderbilt Beach Rd., between Hammock Oak Dr. and Vanderbilt Dr. St. Andrews Blvd. and Augusta Blvd. - This project will add landscaping on St. Andrews Blvd., between Forest Hills Blvd. and Rattlesnake Hammock Rd., and on Augusta Blvd., between Forest Hills Blvd. and Rattlesnake Hammock Rd. Fiscal Impact:. None at this time. Grmvth Management Impact: None. Recommendations: Staff recommends that the Board of County Commissioners authorize the Chairman to sign, pending county attorney's approval, the attached resolution, to accompany the enhancement applications if they are selected. Prepared by: ,-~~~~ Gavin Jones, .~.E., AICP, Interin/¢Transportation Planning Director ApprovegUy: .:ill [-[Y[~4 U[, ~ ~/~ ~ Y l~ichael McNees, Transportation Administrator Date:'~- Date: IO I1 12 13 [4 15 16 17 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 3g 39 4o 41 42 ~3 44 45 46 4'7 48 RESOLUTION NO. 2000- A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS TO MAINTAIN TRANSPORTATION ENHANCEMENT PROJECTS. Whereas, the Collier County Metropolitan Planning Organization (MPO) selects each year one or more projects to be constructed with Transportation Enhancement funds as part of the Florida Department of Transportation's work program; Whereas, projects for consideration this year will have funding available for construction in the state's fiscal years 2004/05 and 2005/06; Whereas, projects must have a commitment for maintenance if selected and constructed; NOW, THEREFORE, BE IT RESOLVED by the Collier County Board of County Commissioners that: The Board of County Commissioners will maintain, if selected and constructed, the following Ehancement projects: Landscaping, water sprinklers, and pavers for a walkway at the comer of Vanderbilt Beach Rd., Hammock Oak Dr., and Gulf Pavilion Dr. This project will also add landscaping, piping, and sprinklers on Vanderbilt Beach Rd., between Hammock Oak Dr. and Vanderbilt Dr. Landscaping on St. Andrews Blvd., between Forest Hills Blvd. and Rattlesnake Hammock Rd., and on Augusta Blvd., between Forest Hills Blvd. and Rattlesnake Hammock Rd. DULY PASSED AND ADOPTED THIS ATIEST: DWIGHT E. BROCK, CLERK DAY OF ,2000 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS By: By:. TIMOTHY J. CONSTANTINE, CHAIRMAN APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Robert Zachary, Assistant County Attorney AGENDAITEM No, t(., _ EXECUTIVE SUMMARY TO APPROVE A BUDGET AMENDMENT FOR THE TRANSFER OF FUNDS FOR THE IMMOKALEE BEAUTIFICATION MUNICIPAL SERVICES TAXING UNIT. OBJECTIVE: To gain Board approval of a Budget Amendment for the transfer of funds within the Immokalee Beautification Municipal Services Taxing Unit (MSTU). CONSIDERATIONS: It is necessary to increase the Immokalee Beautification fund due to replacement of electrical poles along the streets of the MSTU. There was sufficient money budgeted for pole replacement for fiscal year 99-00, but due to an above average number of accidents involving street lights and damaged poles, it has become necessary to increase funds. FISCAL IMPACT: Funds in the amount of $20,000 are budgeted and available in Reserves for contingency of the Immokalee Beautification Fund (156). GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board approve a budget amendment to increase funds to the Immokalee Beautification M.S.T.U. SUBMITTED BY: '.,-'~ Val P,rmc~:~ngi,nper II,haddscape Operations REVIEWED BY: ' .'-" ' /i~-.~ Edward J? a/nt, P.E., Transportation Operations Director APPROVED BY: Michae)/A. McNees, Interim Transportation Administrator DATE: DATE: ~"- / DATE: '~ -./.: ....' AGENDA ITEM No. 01 20.00 Pg, EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS AWARD BID #00-3111 FOR THE ENTRANCE SIGNS TO LYKINS SIGNTEK, INC., APPROVE THE NECESSARY BUDGET AMENDMENT AND AUTHORIZE THE CHAIRMAN TO EXECUTE THE CONTRACT DOCUMENTS UPON COUNTY ATTORNEY REVIEW OBJECTIVE: To award Bid #00-3111 for Pelican Bay Entrance Signs to Lykins Signtek, Inc., approve the necessary Budget Amendment and authorize the Chairman to execute the contract documents upon County Attorney review. CONSIDERATIONS: 1. On June 29, 2000 invitations to bid were sent to 105 contractors. The bid opening was held on July 18, 2000, two proposals were received. 2. Construction of the entrance signs was bid with masonry construction and an alternate polystyrene construction. After review of the bids and cost considerations, the alternate design was chosen. The low Bidder for the alternate polystyrene construction was Lykins Signtek, Inc. and, therefore, Staff recommends that Bid #00-3111 be awarded to Lykins Signtek, Inc. for the Pelican Bay Entrance Signs. 3. Staff requests the Board of County Commissioners to approve the necessary Budget Amendment in the amount of $100,000 transferring funds from Capital Projects Reserves to Capital Projects Operations. FISCAL IMPACT: The Fiscal Impact for Bid #00-3111 is $202,880 with funds available in the Pelican Bay Capital Projects Fund. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners award Bid #00-3111 for the Pelican Bay Entrance Signs to Lykins Signtek, Inc., approve the necessary Budget Amendment and authorize the Chairman to execute the contract documents upon County Attorney review. PREPARED . ~ . . J~mes P. Ward ~,j- ,Department Director Gwen Butler Mich~ A...M~'Nees, Interim Director Transp'~,ortatioh ',~GEN DA"ITEM No. ~/~- ~, ~ P ] ?:: .. SO0/IOO d ]~cJ-.I. ~1t0 Zl~Z 1l~8 ~qu~eq'~Jncl A~,ufio3 ]~11o3-moJ:l 9i:91 OQ-ei-lnr EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS ADOPT A RESOLUTION FIXING THE DATE, TIME AND PLACE FOR THE PUBLIC HEARING FOR APPROVING THE SPECIAL ASSESSMENT (NON-AD VALOREM ASSESSMENT) TO BE LEVIED AGAINST THE PROPERTIES WITHIN THE PELICAN BAY MUNICIPAL SERVICE TAXING AND BENEFIT UNIT FOR MAINTENANCE OF THE WATER MANAGEMENT SYSTEM, BEAUTIFICATION OF RECREATIONAL FACILITIES AND MEDIAN AREAS, AND MAINTENANCE-OF CONSERVATION OR PRESERVE AREAS, AND ESTABLISHMENT OF CAPITAL RESERVE FUNDS FOR THE MAINTENANCE OF CONSERVATION OR PRESERVE AREAS, U.S. 41 BERMS, STREET SIGNAGE REPLACEMENTS WITHIN THE MEDIAN AREAS AND LANDSCAPING IMPROVEMENTS TO U.S. 41 ENTRANCES, ALL WITHIN THE PELICAN BAY MUNICIPAL SERVICE TAXING AND BENEFIT UNIT OBJECTIVE: Adopt a Resolution fixing the date, time and place for the public hearing for approving the Special Assessment (Non-ad Valorem Assessment) to be levied against the properties within the Pelican Bay Municipal Service Taxing and Benefit Unit for maintenance of the water management system, beautification of recreational facilities and median areas, and maintenance of conservation or preserve areas, and establishment of Capital Reserve Funds for the maintenance of conservation or preserve areas, U.S. 41 berms, street signage replacements within the median areas and landscaping improvements to U.S. 41 entrances, all within the Pelican Bay Municipal Service Taxing and Benefit Unit. CONSIDERATION: The County Commission as part of the actions related to the succession of the Pelican Bay Improvement District Board of Supervisors are committed to hold a Public Hearing within the Pelican Bay community. There is no specific date established (other than prior to the final adoption of the County-wide budget), but staff would recommend that the Board consider Thursday, September 14, 2000 at 6:00 P.M. for the Public Hearing, to be held at The Foundation Center, 8962 Hammock Oak Drive, Naples, Florida 34108. Pursuant to Section 197.3632, Florida Statutes, a Preliminary Assessment Roll (Non-ad Valorem Assessment Roll) must also be adopted between June 1 and September 15, 2000 in order to insure that the assessments can be placed on the Collier County Tax Collectors bills this year. Combining the adoption of the Preliminary Assessment Roll (Non-ad Valorem Assessment Roll) and the Budget Hearing in the Pelican Bay community will provide for increased public awareness of the Pelican Bay Services Division's budget and assessment for Fiscal Year 2000- 2001. FISCAL IMPACT: None GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners adopt a Resolution fixing the date, time and place for the public hearing for approving the Special Assessment (Non-ad Valorem Assessment) to be levied against the properties within the Pelic an Ba~-~~c.~_M No. j0 _~a~,_ o 1 2000 Executive Summary Page 2 Service Taxing and Benefit Unit for maintenance of the water management system, beautification of recreational facilities and median areas, and maintenance of conservation or preserve areas, and establishment of Capital Reserve Funds for the maintenance of conservation or preserve areas, U.S. 41 berms, street signage replacements within the median areas and landscaping improvements to U.S. 41 entrances, all within the Pelican Bay Municipal Service Taxing and Benefit Unit. PREPARED BY:Ja~es P. Ward, Department Director DATE: 7/~/~'t//~t9 P~ican Bay Services Division REVIEWED BY: ,.:~://r~? fi~/~ 2~ Mi'cha61/X. McNees, Interim Administrator Transportation Division I RESOLUTION NO. 00- 2 3 A RESOLUTION FIXING THE DATE, TIME AND PLACE FOR THE 4 PUBLIC HEARING FOR APPROVING THE SPECIAL ASSESSMENT 5 (NON -AD VALOREM ASSESSMENT) TO BE LEVIED AGAINST THE 6 PROPERTIES WITHIN THE PELICAN BAY MUNICIPAL SERVICE 7 TAXING AND BENEFIT UNIT FOR MAINTENANCE OF THE WATER 8 MANAGEMENT SYSTEM, BEAUTIFICATION OF RECREATIONAL 9 FACILITIES AND MEDIAN AREAS, AND MAINTENANCE OF 10 CONSERVATION OR PRESERVE AREAS, AND ESTABLISHMENT OF 11 CAPITAL RESERVE FUNDS FOR THE MAINTENANCE OF ~2 CONSERVATION OR PRESERVE AREAS, U.S. 41 BERMS, STREET 13 SIGNAGE REPLACEMENTS WITHIN THE MEDIAN AREAS AND 14 LANDSCAPING IMPROVEMENTS TO U.S. 41 ENTRANCES, ALL 15 WITHIN THE PELICAN BAY MUNICIPAL SERVICE TAXING AND 16 BENEFIT UNIT. 17 18 WHEREAS, the Board of County Commissioners adopted Collier County Ordinance No. 90-111, as amended, creating the Pelican Bay Municipal Service Taxing and Benefit Unit 20 for the purpose of providing street lighting, water management, extraordinary law enforcement 21 service and beautification, including but not limited to beautification of recreational facilities, sidewalk, street and median areas, identification markers, the maintenance of conservation or 23 preserve areas and to finance the landscaping beautification of only that portion of U.S.41 from 24 Pine Ridge Road to Vanderbilt Beach Road; 25 WHEREAS, Section 197.3632, Florida Statutes, requires that a public heating be held to 26 adopt a non-ad valorem assessment roll for purposes of utilizing the uniform method of 27 collection. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 29 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE. This Resolution is adopted pursuant to the provisions of Ordinance No. 90- 31 111, as amended, and other applicable provisions of law, SECTION TWO. It is hereby found and determined that a special assessment which includes the establishment of Capital Reserve Funds for the maintenance of the water management system, beautification of recreational facilities and median areas, and maintenance of conservation or reserve areas within the Pelican Bay Municipal Service Taxing and Benefit Unit is necessary for funding the required payments for the operation, repair and maintenance of the water management system, bcautification of recreational facilities and median areas, and maintenance of conservation and preserve areas during Fiscal Year 2000-2001. SECTION THREE. A public hearing before the Board of County Commissioners on the 4o preliminary assessment roll (non-ad valorem assessment roll) of the estimated costs, including 1 1 4 5 6 7 8 9 10 11 12 13 14 15 ~6 17 18 19 2O 21 22 23 24 25 26 27 29 3O 31 Capital Reserve Funds for the maintenance of conservation or preserve areas, U.S. 41 benns within the boundaries of the Unit, street sign replacements within the median areas, landscaping improvements within the boundaries of the District, landscaping improvements to the U.S. 41 entrances within the boundaries of the Unit, the maintenance of the water management system, and beautification of recreation facilities and median areas, during Fiscal Year 2000-2001 between the County and each property owner of land within the Pelican Bay Municipal Service Taxing and Benefit Unit will be held on September 14, 2000 at 6:00 P.M. at The Foundation Center, 8962 Hammock Oak Drive, Naples, Florida, at which time the Board of County Commissioners will hear objections of the owners of the properties within the Pelican Bay Municipal Service Taxing and Benefit Unit or other persons interested therein, to the adoption of the preliminary assessment roll (non-ad valorem assessment roll). The Clerk shall keep a record in which shall be inscribed, at the request of any person, finn or corporation having or claiming to have any interest in any lot or parcel of land within the Unit, the name and post office address of such person, finn or corporation, together with the brief description or designation of such lot or parcel. The Clerk shall cause the notice of such public heating to be published one time in the Naples Daily News, a newspaper published in Collier County and cimulating in the Unit, not less than twenty (20) days prior to said date of the hearing. Notice of such public hearing to consider the adoption of the preliminary assessment roll (non-ad valorem assessment roll) shall also be mailed first class mail to all the property owners on the preliminary assessment roll (non-ad valorem assessment roll) at the address provided for on said roll. SECTION FOUR. Notice of such hearing shall be in substantially the following form: NOTICE Notice is hereby given that the Board of County Commissioners of Collier County, Florida, will meet on September 14, 2000 at 6:00 P.M., The Foundation Center, 8962 Hammock Oak Drive, Naples, Florida, for the purpose of hearing objections, if any, of all interested persons to the adoption of the preliminary assessment roll (non-ad valorem assessment roll) allocating the assessable costs including Capital Reserve Funds for the maintenance of conservation or preserve areas, U.S. 41 benns within the boundaries of the Unit, street sign replacements within the median areas, landscaping improvements within the boundaries of the Unit, landscaping improvements to the U.S. 41 entrances within the boundaries of the Unit, the maintenance of the water management system, and beautification of recreation facilities and 2 AGENDAJTF_.,M median areas within the Pelican Bay Municipal Service Taxing and Benefit Unit which 2 comprises and includes those lands described as follows: 3 A tract of land being in portions of Sections 32 and 33, Township 48 South, 4 Range 25 East; together with portions of Sections 4, 5, 8 and 9, Township 49 South, 5 Range 25 East, Collier County, Florida, being one and the same as the lands 6 encompassed within the Pelican Bay Municipal Service Taxing and Benefit Unit, the 7 perimeter boundary of same more particularly described as follows: 8 Commencing at the Southeast comer of said Section 33; thence South 89 degrees 9 59 minutes 50 seconds West along the South line of Section 33 a distance of 150.02 feet 10 to a point on the West right-of-way line of U.S. 41 (State Road 45), said point also being 11 the Point of Beginning; thence Southerly along the West right-of-way line of said U.S. 12 41 (State Road 45) the following courses: South 00 degrees 58 minutes 36 seconds East 13 a distance of 2.49 feet; thence South 00 degrees 55 minutes 41 seconds East a distance of 14 3218.29 feet; thence South 01 degrees 00 minutes 29 seconds East a distance of 3218.56 15 feet; thence South 00 degrees 59 minutes 03 seconds East a distance of 2626.21 feet; 16 thence South 01 degrees 00 minutes 18 seconds East a distance of 2555.75 feet to a point 17 on the North right-of-way line of Pine Road as recorded in D.B. 50, Page 490, among the 18 Public Records of said Collier County; thence departing said U.S. 41 (State Road 45) 19 South 89 degrees 09 minutes 45 seconds West along said North right-of-way line a 20 distance of 2662.61 feet; thence South 00 degrees 51 minutes 44 seconds East a distance 21 of 70.00 feet to a point on the North line of Seagate Unit I as recorded in Plat Book 3, 22 Page 85 among said Public Records; thence South 89 degrees 09 minutes 45 seconds 23 West along said North line of Seagate Unit I and the South line of said Section 9 a 24 distance of 2496.67 feet to the Southwest comer of said Section 9; thence continue South 25 89 degrees 09 minutes 45 seconds West a distance of 225 feet more or less to a point on 26 the mean high water line established May 15, 1968; thence a Northwesterly direction 27 along said mean high water line a distance 15716 feet more or less; thence departing said :~8 mean high water line South 80 degrees 29 minutes 30 seconds East and along the 29 Southerly line of Vanderbilt Beach Road (State Road 862) as recorded in D.B. 15, Page 3o 121 among said Public Records a distance of 7385 feet more or less to a point on said 31 West fight-of-way line ofU. S. 41 (State Road 45); thence South 00 degrees 58 minutes 32 36 seconds East along said West right-of-way line a distance of 2574.36 feet to the Point 33 of Beginning. 34 35 A copy of the preliminary assessment roll (non-ad valorem assessment roll) for each lot 36 or parcel of land to be assessed is on file at the Clerk to the Board's Office, County Government 37 Center, W. Harmon Turner Building, Fourth Floor, 3301 East Tamiami Trail, Naples, Florida 38 and in the offices of the Pelican Bay Services Division, 801 Laurel Oak Drive, Suite 605, Naples, 39 Florida, and is open to the inspection of the public. 40 All affected property owners have a right to appear and be heard at the public hearing and 41 to file written objections to the adoption of a resolution approving the preliminary assessment 42 roll (non-ad valorem assessment roll) with the Board within 20 days of this notice based upon the 43 grounds that it contains items which can not be properly assessed against property, that the 44 computation of the special assessment is incorrect, or there is a default or defect in the passage or 45 character of the resolution, or the preliminary assessment (non-ad valorem assessment) is void or 46 voidable in whole or part, or that it exceeds the power of the Board. At the completion of the 47 hear/ng, the Board shall either annul or sustain or modify in whole or in part the preliminary AG EN DAJ,TEM It',, I'.-'") 3 1 3 4 5 6 7 9 10 ~2 15 17 18 19 20 21 22 23 24 25 26 27 28 ~0 31 assessment (non-ad valorem assessment) as indicated on such roll, either by confirming the preliminary assessment (non-ad valorem assessment) against any or all lots or parcels described therein or by canceling, increasing, or reducing the same, according to the special benefits which the Board decides each such lot or parcel has received or will receive on account of such improvements. The assessment so made shall be final and conclusive as to each lot or parcel assessed unless proper steps are taken within twenty (20) days with a court of competent jurisdiction to secure relief. The Board will levy a special assessment (non-ad valorem assessment) for operations and maintenance of the water management system and the beautification of the recreational areas and median areas, and maintenance of conservation and preserve areas utilizing an Equivalent Residential Unit based methodology. The total assessment for maintenance of the water management system, beautification of recreational facilities, and median areas, and maintenance of conservation or preserve areas is $1,823,800.00 which equates to $ 234.51 per Equivalent Residential Unit based on 7777.09 assessable units. The Board will levy a special assessment (non-ad valorem assessment) for the establishment of Capital Reserve Funds for the maintenance and restoration of the conservation or preserve areas, U.S. 41 berm improvements within the Unit, street sign replacement within the median areas, landscaping improvements and U.S. 41 entrance improvements within the Unit, utilizing an Equivalent Residential Unit based methodology. The total assessment for these Capital Reserve Funds for the maintenance and restoration and landscaping improvements is $386,000.00 which equates to $49.63 per Equivalent Residential Unit based on 7777.09 assessable units. The special assessment (non-ad valorem assessment) will be collected by the Collier County Tax Collector on the owner's ad valorem tax bill pursuant to Section 197.3632, Florida Statutes. Failure to pay the special assessment (non-ad valorem assessment) and your property taxes will cause a tax certificate to be sold against the property which may result in a loss of title to the property. Any person who decides to appeal a decision of the 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. AGENDAJTEM No. _ "' Pg,_ 4 BOARD OF COUNTY COMMISSIONERS 3 4 5 6 7 8 9 10 11 12 13 COLLIER COUNTY, FLORIDA TIMOTHY J. CONSTANTINE, CHAIRMAN DWIGHT E. BROCK, CLERK By:/s/Maureen Kenyon Deputy Clerk (SEAL) 14 SECTION FIVE. The Clerk is hereby ordered and directed to spread this Resolution in full 15 among the minutes of this meeting for permanent record in his office: 16 SECTION SIX. This Resolution shall become effective immediately upon its passage. 17 This Resolution adopted this __ day of ,2000, after motion, second and 18 majority vote. 19 20 21 22 23 24 ATTEST: DWIGHT E. BROCK, CLERK 25 26 Approved as to form and 27 legal s)afficiency: ~~f) 29 /._ j / 30~/~vid C. Weigel - 31~" County Attorney 32 33 34 35 36 37 38 39 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY TIMOTHY J. CONSTANTINE, CHAIRMAN 5 PELICAN BAY GULF OF MEXIco EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE THE NECESSARY BUDGET AMENDMENT TO TRANSFER FUNDS FROM THE STREET LIGHTING RESERVE FUND TO STREET LIGHTING CAPITAL OUTLAY OBJECTIVE: To approve the necessary Budget Amendment to transfer funds from the Street Lighting Reserve Fund to Street Lighting Capital Outlay. CONSIDERATIONS: At the December 1, 1999 Meeting of the Pelican Bay Services Division MSTBU Advisory Committee, the Committee recommended that Staff proceed with the purchase and installation of the Phase I Street Lighting Improvements. Funds are available for these improvements in the Street Lighting Reserves. It is requested that the Board of County Commissioners approve the necessary Budget Amendment to transfer these funds from Reserves to Capital Outlay in order to proceed with these improvements as recommended. FISCAL IMPACT: The Fiscal Impact is $73,000 with funds available in the Pelican Bay Street Lighting Reserves. GROVVTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners approve the necessary Budget Amendment to transfer funds from the Street Lighting Reserve Fund to Street Lighting Capital Outlay. PREPARED BY: //~::2J,~/./J &~(ames P.-V~ard / -Dep. artme~ )irect~r APPROVED BY:/~/~/~ ~'~/ /~' :'~ ~ '~ Mic~ Trane ~ii ,ices, Interim Director DATE: DATE: AUG 01 200(} EXECUTIVE SUMMARY APPROVE PETITION TM 96-07 FOR THE NEIGHBORHOOD TRAFFIC MANAGEMENT PROGRAM PROJECT ON GRANADA BOULEVARD BETWEEN GOODLETTE-FRANK ROAD AND U.S. 41. OBJECTIVE: To gain Board approval allowing traffic calming devices to be installed on Granada Boulevard between Goodlette-Frank Road and U.S. 41 (Attachment No. 1). CONSIDERATIONS: The residents of Granada Boulevard submitted a petition to the Transportation Operations Department requesting traffic calming on their street. Workshops were held and a traffic team organized in accordance with policy and procedure guidelines for the Neighborhood Traffic Management Program (NTMP). Staff performed required traffic studies and resulting data meets necessary criteria for traffic calming. Letters of "No Objection" (Attachment No. 2) have been received from Emergency Services. Letters from the Collier County Sheriffs Office, and North Naples Fire for the placement of Speed Humps at this location are still outstanding. Additionally, staff, in concurrence with the neighborhood traffic team, recommends removal of the East/West stop signs at Dorando Drive. A "Multi-Way Stop" Warrant Analysis has been conducted documenting that a "Multi-Way Stop" at that location is not warranted (Attachment No. 3). FISCAL IMPACT: The estimated cost is $12,500.00 for the project. Funds are available in Road & Bridge Gas Tax Fund 313. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board approve the requested Neighborhood Traffic Management Petition TM 96-07 for installation of traffic calming devices on Granada Boulevard and removal of the "Multi-Way Stop" at Dorando Drive. SUBMITTED BY: _.~(/~~~ - DATE: Gerald Morris, Proj~ Manager NTMP Manager Edward ,1. K~t. P.F.~;pormtion Operations Director ".7:"/~./,~' ~-~/"" / ,:~" ,~ '~, DATE: q- '2~- ~r~ Micha~). ~cNe~ Interim Transpo=tion idminis~ator REVIEWED BY: REVIEWED BY: APPROVED BY: DATE: DATE: A',;3 oi 2000 EAST kU,,IAIIBRA OR ¢ ~ IPAGE, q OF _ GOODLETTE-FRANK RD (C.R.851 I AGJ~NDA I T F...M morris_g From: Sent: To: Cc: Subject: fiagg_d Monday, July 17, 2000 7:27 PM morris_g kant_e; Bathon d FW: Granada ~'vd. Traffic Calming ~Original Message-- From: fiagg_d Sent: Monday, July 17, 2000 6:21 PM To: morris_g Cc: kant_e; Bathon_d Subject: Traffic Calming Mr. Morris, Thank you for your correspondence regarding the proposed traffic calming technique for the Granada Blvd. neighborhood. In the event that this is the same speed hump construction format that was utilized in the Glades neighborhood, the Emergency Services Department does not object to installation of these speed humps. As mentioned in your correspondence, the speed humps may have an impact on the emergency services response time. If I may offer any additional information, please do not hesitate to contact my office. Chief Diane B. Flagg Page 1 ,:,..J Ol 2000 IATTACHMENTPAGE t NO. _OF,~- c~_ Memorandum To: Via: From: Date: Re: Gerald Morris, NTMP Project Manager I Edward J. Kant, P.E., Transportation Operations Directc Dale A. Bathon, P.E., Traffic Operations Manager July 7, 2000 "Multi-Way Stop" Warrant Analysis Granada Boulevard at Dorando Drive Per your request, a "Multi-Way Stop" Warrant Analysis was conducted at the referenced intersection. Approach volumes were collected and tabulated along with a review of the accident history of the intersection. The results of our study indicated that the volumes for both the major (Granada Boulevard) and the minor (Dorando Drive) streets do not meet the minimum requirements for the installation of a "Multi-Way Stop" per the guidelines set forth by the Manual on Uniform Traffic Control Devices (MUTCD). Currently, we show one accident at this location during the past year. Although it is difficult to ascertain how many accidents may occur at this intersection in the absence of "Multi-Way Stop" signs, the low traffic volumes indicate that it would certainly be less than the five required to necessitate their installation. Given the above, we recommend that the subject "Multi-Way Stop" can be safely removed following the installation of speed humps/cushions along Granada Boulevard. If you have any questions, please advise. ATTACHMENT NO.~'~ PAGE oQ. OF ~ Transportation Operations Department EXECUTIVE SUMMARY REJECT BID #00-3071, BAYSHeRE DRIVE BEAUTIFICATION AND STAFF TO RE-BID AND USE ANNUAL CONTRACTS AUTHORIZE OBJECTIVE: To gain Board approval to reject Bid #00-3071, Bayshere Drive Beautification and authorize staff to re-bid and use annual contracts. CONSIDERATION: On May 22, 2000, four hundred seventy (470) notices were sent to prospective bidders. The bid opening was on July 6, 2000 with one (1) bid submitted and five (5) no bids. Staff reviewed the one bid and found it non-responsive due to a page missing for an alternate bid on the bridgework. Staff recommends the rejection of this bid because one page was missing and due to the fact that the one bid received was $1.1 million (92%) over the Landscape Architect's estimate. In order to expedite this project and to meet the project budget, staff has split the original bid into two (2) parts: (I) Landscaping and Irrigation re-bid with bid opening scheduled on August 15, 2000. (2) Curbs and Sidewalks re-bid with bid opening scheduled on August 8, 2000. Further, staff will look into using annual contracts to do a portion of the curbs and sidewalks. FISCAL IMPACT: None GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: It is recommended that the Board of County Commissioners reject Bid #00-3071 and authorize staff to rebid and/or use annual contracts to complete the project. SUBMITTED BY: ., ;,~ Date: ' " Peter lqayden F~.I.. Project Manager Transportation [:mgincering and Construction Management Department Page 2 Executive St,~mmary· Reject Bid #00-3071, Bayshore Drive Beautification / REVEIWED BY: }.'~ ~/ Date: ' Edward J. ~:Ei, Transportation Services Director REVIEWED BY: ~ _~_? /J~[_i~?.~ Date: Gwen Butler, Interim Purchasing/GS Director Date: /~//- ~.. Mike Mc~ 7Interi~ Director TE&CM/Interim Transpo.ation Administrator EXECUTIVE SUMMARY UPDATE THE BOARD ON THE STATUS OF THE GOODLETTE-FRANK ROAD MEDIAN BEAUTIFICATION PROJECT FROM SOLANA ROAD TO NORTHGATE DRIVE, PROJECT NO. 60095 OBJECTIVE: To provide the Board of County Commissioners with an update of the project to construct median landscaping improvements on Goodlette-Frank Road from Solana Road to Northgate Drive, and to recommend postponement of the design effort with a redirection of appropriated funds. CONSIDERATION: Median landscaping improvements for Goodlette-Frank Road from Solana Road to Northgate Drive have been identified in the Collier County Streetscape Master Plan for FY 2000. This Master Plan identified a funding approach for this project that included contributions totaling $110,000 from private entities for this project. The remainder of the funding, for a total design and construction budget of $290,000, is provided from the Road Construction Municipal Service Taxing District 2 Fund for FY 00 and from Fund 111 for fiscal year 01. This funding mechanism was part of the conception of this project as presented to the Board of County Commissioners by Collier Naplescape '90s. Two private entities were to have made the contributions. The Transportation Engineering Department has received correspondence from one of the private entities indicating that they would not be making their promised contribution. Since the construction schedule is based on receiving the private funding, the project will be delayed at least one budget cycle. Currently the project stands at approximately 30 percent of the design complete. There are several options available: 1. Continue to design completion and shelve the project for one year 2. Complete present phase of design and shelve the project tbr one year 3. Complete design and complete construction Each of the foregoing options has fiscal implications. Option one will entail a total expense in FY 2001 of $23,000. The balance of the budgeted funds may be redirected to another project or simply carried forward. Option two will only require $17,000. Again, tinder this option, the fitnds may either be redirected or carried forward. Option three will require a budget amendment to appropriate additional funds to make up the shortfall. It is anticipated that the private l~mcting would beconqe available again in FY 2002. Staff believes that the project should be placed on hold upon completion el' the present design phase pending fitture reconfirmation o f private timcling. FISCAL IMPACT: Depending upon the B~ard's direction. the t<,lal [\~nds ostinnatrcd to be expended For this project will be $17,000 to $290,000. GROWT!! MANAGEMENT 151PACT: Nol~c RECOMMENDATION: That the Board of County Commissioners direct staff to place the project on hold at the completion of the 30% Design Phase and return for future direction upon confirmation of the availability of all private funding commitments. SUBMITTED BY: ~.~, /3fl, Y/?~.~Oc~ DATE: "~ Gerald N. Ku~z, E.I., ineer II En ~g: , Tr~go~ation gi~ri~onstmction Management Department ~VIEWED BY: . DATE: '~'/- Dep~ment Tr~,~ppn~~ations APPROVED BY: ~/7,'~ ~?,7 DATE: '~- rector TE & CM / Interim Inte~,~~ Di Transportation Administrator EXECUTIVE SUMMARY REJECT BID #00-3071, BAYSHORE DRIVE BEAUTIFICATION, AUTHORIZE STAFF TO RE-BID AND USE ANNUAL CONTRACTS AND AUTHORIZE THE CHAIRMAN TO EXECUTE FORMAL CONTRACTS OBJECTIVE: To gain Board approval to reject Bid #00-3071, Bayshore Drive Beautification, authorize staff to re-bid and use annual contracts and authorize the Chairman to execute the necessary contracts for this project during the Board's absence. CONSIDERATION: On May 22, 2000, four hundred seventy (470) notices were sent to prospective bidders. The bid opening was on July 6, 2000 with one bid submitted and 5 no bids. Staff reviewed the one bid and found it non-responsive due to a page missing for an alternate bid on the bridgework. Staff recommends the rejection of this bid due to the page missing and due to the fact that the one bid received was $1,000,000 over the Architect's estimate. In order to expedite this project and to meet the project budget, staff has split the original bid into two (2) parts: (I) Landscaping and Irrigation re-bid with bid opening scheduled on August 15, 2000. (2) Curbs and Sidewalks re-bid with bid opening scheduled on August 8, 2000. Further, staff will look into using annual contracts to do a portion of the curbs and sidewalks. As the Bid openings for the above-referenced projects will occur during the Board's summer recess, staff is requesting that authorization be given to the Chairman to execute the necessary contracts for this project during the Board's absence. FISCAL IMPACT: None GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMEN!)ATION: It is recon'~mended that the Board of County Commissioners reject Bid #00-3071, authorize staff' to rcbid and/or use annual contracts to complete the project and authorix¢ the Chairman to execute the necessary contracts for this project during the Board's absence. Page 2 Executive Summary Reject Bid//00-3071, Bayshore Drive Beautification REVEIWED BY: Peter Hayden E.I., Project Manager Transportation Engineering a~d Cons/traction Management Department ~ / REVIEWED BY: APPROVED BY: Gwen Butler, Interim Purchasing/GS Director Mike McNees, Interim Transportation Administrator Date: 7-.~ Date: EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT BOULEVARD (SR 84) AND COLLIER IMPROVEMENTS, PROJECT # 66065D FOR THE CONSTRUCTION OF DAVIS BOULEVARD (CR 951) INTERSECTION OBJECTIVE: That the Board of County Commissioners approve a budget amendment for the construction of Davis Boulevard (SR 84) and Collier Boulevard (CR 951) Intersection Improvements project. CONSIDERATIONS: Staff has negotiated a joint project agreement with Florida Department of Transportation (FDOT) to improve traffic flow (by extending the southbound left turn & right turn lanes) on the above referenced project at the intersection of Davis Boulevard (SR 84) and Collier Boulevard (CR 951). Utilizing a fixed term annual contract with Pitman-Hartenstein & Associates, Inc., contract plans and specifications have been prepared for the proposed improvements. The design engineer's cost estimate is $152,000.00. The County plans to fund the Full amount of $152,000.00 to construct this project during this fiscal year. After final completion and acceptance, FDOT will reimburse the County $92,358.38. FISCAL IMPACT: This project was budgeted for construction in FY01. In order to construct the project during this Fiscal Year, a budget amendment is required to transfer funds in the amount of $152,000 from Gas Tax Reserves and appropriate into the project. Funding for this project in FY01 will be reduced when the Roads budget is revised in August. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners approve a budget amendment. SUBMITTED BY: REVIEWED BY' A. Nyankadau Korti, Proj/~ct M~.nagcr Tran sp ort atio~y E n gitl,6cri. rl'g Department ...- ? / ? .,,,......-" .....,>. .... :,; ;. ..?/ " '. ' '..'", .. ) ' ' ' [)ate.: Edward J. Kant, P.E., Director Transport'ation Operations Department APPROVED BY: EXECUTIVE SUMMARY ADOPT A RESOLUTION AUTHORIZING THE ACQUISmON BY GIFF OR PURCHASE OF NON-EXCLUSIVE, PERPETUAL SIDEWALK, LANDSCAPE AND MAINTENANCE INTERESTS BY EASEMENT FOR THE VANDERBILT BEACH ROAD SIDEWALK RELOCATION AND LANDSCAPING PROJECT BETWEEN HAMMOCK OAK DRIVE AND US-41 (TAMIAMI TRAIL NORTH), PROJECT NO. 67021, CIE NO. 23. ~ To adopt a Resolution to acquire by ~ or purchase of non-exclusive, perpetual sidewalk, landscape and maintenance interests by easement required to complete the Vanderbilt Beach Road Sidewalk Relocation and Landscaping Project between Hammock oak Drive and US-41 (Tamiami Trail North), Project 67021, CIE No. 23, (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 #72. 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. The Board will also be authorizing condemnation of the parcels within the Project. However, this Resolution is to approve settlement with owners without having to present each parcel to the Board on a case by case basis. This procedure shall expedite the Project. FISCAL IMPACT: Total acquisition costs are estimated at $16,376.00, and includes all land, improvements, title policies, surveys, staff time, appraisal fees, etc. for the improvements to the Vanderbilt Beach Road Sidewalk Relocation and Landscaping Project, CIE No. 23. A budget amendment is needed to transfer $16,376.00 fxom Gas Tax Reserves and appropriate in the project. Source of funds are Gas Tax. GROWTH MANAGEMENT IMPACT: As a Capital Improvement Element project, the recommendation is consistent with the County's Growth Management Plana'for CIE No. 23. - AG .E.ND3 .IT~J~ A' 3 P~_ RECOMMENDATION: That the Board of County Comrnission~rs: (1) (2) (3) (4) 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; and Adopt the attached Resolution authorizing the acquisition by gif[ or purchase the non- exclusive, perpetual sidewalk, landscape and maintenance interests by easement required to complete the Vanderbilt Beach Road Sidewalk ReiDcation and Landscaping Project between Hammock Oak Drive and US-41 (Tamiami Trail North); and Authorize the Chairman to execute the attached Resolution; and Approve any and all necessary budget amendments. Toni Mort, Supernsor Real Property Management Department REVIEWED BY: REVIEWED BY: DATE: Hellridgel, Richard J. P.E., Sr. Pr?~ect Manager ~ation Ec~0~tnyConstruction Mariagem entD epartment ~'~o~/~~ DATE: ~'" ]~'" ~ Edward J. Ka_ ~"~r.~,D. irector Transportatio~perations Department APPROVED BY:~'-~ ~/~, /~A~ ~. ~ McNees, Interim Administrator Transportation Division AG EiN, DA~I T,E~ AUG 0 1 2 00 Pg. AUG 0 1 2 4 5 7 8 10 11 12 13 RESOLUTION NO. 2000 - A RESOLUTION AUTHORIZING THE ACQUISITION OF LAND BY GIFT OR PURCHASE OF NON-EXCLUSIVE, PERPETUAL SIDEWALK, LANDSCAPE AND MAINTENANCE INTERESTS BY EASEMENT FOR THE VANDERBILT BEACH ROAD SIDEWALK RELOCATION AND LANDSCAPING PRO/ECT BETWEEN HAMMOCK OAK DRiVE AND US-41 (TAMIAMI TRAIL NORTH), CIE NO. 23. WHEREAS, the Board of County Commissionms (Board), on February 23, 1999, adopted 14 OrdinalIce No. 99-14 therein establishing the 1999 (Eighth Annual Update and Amendment) Capital 15 Improvement Element of the Growth Management Plan in order to establish priorities for the design, 16 acquisition and construction of the various capital improvement projects. Th~ Transportation Element 17. of the County~s Comprehensive Plan. was adopted in Ordinance No. 99-13; and IS WtiEREAS, the Vanderbilt Beach Road Sidewalk Relocation and Landscaping Project are 19 component parts of the Transportation Element of the County% Comprehensive Plan; and 20 WHEREAS, alternate locations, environmental factors, long range planning, cost variables, 21 concurrence, safety and welfare co~lsiderations have been l'%,'~tiewed as thc'y relate to the 22 implementation of said transportation improvements; and it has been recommellded by County Staff 23 that it is necessary and in the best interest of Collier County, Florida, to maintain flexibility over the 24 acquisition of propen'y rights required for the construction of the Vanderbilt Beach Road Sidewalk 25 Relocation and Landscaping Project, hereinafter referred to as "Project" as identified on Exhibit "A" 26 attached hereto and incorporated harein by refereaice; and 27 WHEREAS, the design and construction of said transportation improvements and related 28 facilities have been d~termined by the Board to be necessary and in the best interest of Collier County; 29 and 30 WHEREAS, the construction of the transportation improvemants and related facilities 31 contemplated by the Project are necoasa~ in order to protect the health, safety and weifar~ of the 32 citizens of Collier County, and will assist Collier County in meeting certain concurrency requirements 33 of the Growth Management Plan for Collier County. 34 NOW, THEREFORE, BE rr RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF .~ COLLIER COUNTY, FLORIDA, that: 1. The Board has considered the environmental factors, safety factors and fiscal consickwations relating to the final adopted location of the transportation improvements and related facilities. ~Page 1- 3S 2. The sidewalk, laudscape and ~_ q!nfensnce intercAm by eascmmt ide~0/icd on Exhibit 39 the most ~casible location, both necessary end consistent with fhe project rcquh'emcnts, in order to do permit the construction and main~]sncc of thc transpo~on ~mprovcmcms _~pd rcla~ed £8cilifies for 41 the Vanderbilt Beach Roed Sidewalk Relocafion and Landscaping Project, CIE No. 2.3. 42 3. The Board has detca-~ined that the construction and maintcnance of the Vande~oilt Beach Road 43 Sidewalk Relocation and Landscaping Project and related facilities are necessary for a public purpose 44 and is in the best intcr~ of Collier County. 4~ 4. The construction and ma/ntmancc of the transportation hnprovem~nts and related fac/lifies are 46 compatible with the long range planning goals and objectives of the Growth M_~m_agemmt Plan for 4? Collier County. 48 $. It is n~c~sary and in the b~st interest of Collier County for the Board to acquire the sidew~ 49 landscape and maintemmce/nterests by easement identified in Exhibit "A"; and County Staff is hereby 50 authorized and directed to acqu/re by g/fi or purchase thc perpetual, non-exclus/ve, sidewalk, s I landscape and ma/ntenance/nterests by easement on th~ propaW ide~t/fied/n Exlfibit "Am. 52 6. The Cha/nnan of the Board is h~reby authorized to executc Appraisal Agreements w/th the $3 appra/sal firm(s) selected from the list of firms pre-qual/fied by the Board of County Comm/ss/oners. 54 The Board further directs sta/fto use appra/sal reports or internal compensation est/mates as staff s5 determines is necessary to best serve the needs of the Project in a timely and cost-el:festive manner. 56 7. The Board,/n accordance w/th the prov/sions of Chapter 125.355, Flor/da Statutes, hereby 57 formally waives the requirement for a formal, independent appraisal report for the purchase of a 5S property where the purchase price of the parcel (the compensation due to the property owner) is less $9 than One Hundred Thousand and 00/100 Dollars ($100,000.00). In l/~u of the ind~enclent appraisal 60 report, s~affis hereby authorized to malco purchase offers for the propert/es, the dollar amounts of 61 which shall be pred/cated on "staff compensation estimates" based upon indepe~ient appra/sals (and 62 the dam therefrom) obtained on s/milar properties and upon cons/derafion and application of 63 appropriate market value and cost data pa't/nent to the subj~t parcels. 64 8. Upon the approval by the County Attorney's Offi~ of all docum=nts necessa~ for the subject 6~ property acqu/s/tion, Rml Property Management D~'partmmt staff is hereby d/re,ted to ~ imm~diato dol/v~y. 10 filo r~spectivo proporty owners of the f-~ compt~l~ation (as establiahod by th6 appra/sal or staff compemafion estimates in accordance with the provisions of Chapter 125.355, l~1ol'ida StatW/~), ill ~ for the immodiate ~ proper execution of the respective easements, or -Page 2- 69 70 7! 72 73 74 75 76 7'7 78 79 $0 81 82 83 84 85 86 87 89 9O 91. 92 9:3 95 deeds and such other legal documents and/or affidavits as the County Attorney% Office deems appropriate in order to protect the interests of the County; and the Board hereby authorizes its present Chairman and any subsequent Chairman, for the rtf~ of the Project, to execute any insm~ents which have been approved by the Office of the County Attorney, to remove the l/en of any encumbrance and for any such other purpose as may be required for the fee dinpie title. 9. In those instances where negotiated settlements may be obtalm:d via the "Purchase Agreement" or "Easement Agreeing" mechanism, the Director of the Tramportagon Engineering and Construction Management Deparmumt, or kis des/gnee, is charged w/th the responsibility for completion of various capital/mpro~ement projects, and is hereby delegated the author/ty to approvc the purchase of land ~ above the staff compensation ~stimate or apprahed value and pay normally related costs when it is in the best interest of the Project, within the pro-rata share of the land xights acquisition budget for the parceJ being acquired, only when the differnee betworn the purchase price and compensat/on eslimate or appraised value is less than Fifteen Thousand and 00/100'Dollars ($I$,000.00) or the current purchasing limits establ/sbed by the Coll/er County Purchasing Department; provided, Project ftwding is available. 10. That the settlement approval anthodty is delegated by the Board to the ~xtent that such approvals do not conflict with the pwvisions of Section 125.355, Florida Statutes. 11. The Chairman of the Board is hereby authorized to execute Easement Agreements and Purebase Agreements where tbe land owner has agreed to sell th~ required land rights to the County at its appra/sed value or at that amount considered the "Administrative Settlement Amount" as such term is inta-aally used by the adm/nistrative agencies of Collier County. 12. Where the property owner agrees, by sworn aftdavit or agreement ("Pumhase Agreement" or "Easement Agreement'd, to convey a necessary interest ki real property to the County, and upon the proper execution by the property owner of those easements or fee simple litle, and such other legal documents as the Office of the County Attorney may require, the Board hereby anthor/z~a the Finance Department to issue warrants, payable to the property own=(s) ofr~ord, in those amounts as shall be specified on a closing statement and which shall be based upon the appraisal or staff compensation estimst~ in accordance w/th this Resolution and the pwvisions of Section 125.355, Florida Statutes. 13. All tifie to properties or interests in pwperties which have been obtained in the manner described above shall be deemed "accepted" by the Board of County Comm/asioners, as the governing body of Collier County, Flor/da, a political subdivis/on of the State of Flor/da, and as such, staff is -Page 1o~ lO4 1o~ 1o6 lO7 1o8 IO~ 11o 111 112 113 114 11f 116 117 1111 119 12o 121 122 123 124 125 126 127 128 12~ 13o 1~1 132 134 100 hereby authorized ~o record in the Public Records of Collier County, Florida, said easemeat~ or 101 simple title and such other insm~ents as may be required to remove ~he lien o£ ~y e~b~c~ ~m 102 the ae, quir~ propsties. THIS RESOLUTION ADOPTED on this day of ,2000, after motion, second and majority vote. ATrEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORK)A B~c TIMOTHY I. CONSTANTINE, CHAIRMAN Approved as to form and le/al sufficiency: Heidi F. Ashton Assistant County Attorney -Page 4- EXECUTIVE SUMMARY APPROVE STANDARDIZATION AND PURCHASE REPLACEMENT BOOSTER PUMPS THROUGH BID #00-3100 OF FOUR OBJECTIVE: That the Board of County Commissioners, Ex-Officio, the Governing Board of the Collier County Water-Sewer District, approve the standardization of Aurora HSC 12 X 14 X 18 Horizontal Split Case Pump for replacement booster pumps and approve the purchase of four replacement Aurora pumps for the Water Department's raw water Booster Station. CONSIDERATIONS: 1. The Water Department utilizes four (4) pumps at its Booster Station to move raw water from the wellfield to both of the water treatment plants. The current pumps have been in service for approximately ten (10) years. These pumps nm 24 hours per day, 365 days per year. 2. Recent inspections and preventive maintenance checks have revealed that the original pumps are in need of replacement due to the corrosive nature of the raw water, including the unavoidable introduction of sand from the raw water. The interiors of the four pumps have degraded to the extent that they are running at a significantly lower pressure, and to compensate, the pumps are required to operate at a higher hertz ratio (speed) than necessary in order to boost pressure from the wellfield to both water treatment plants. 3. Staff recommends the approval of standardizing on the Aurora HSC 12 x 4 x 18 Horizontal Split Case Pump due to the pump dimensions required to fit existing motor hook-ups, suction piping, discharge piping, and the cement slabs the pumps sit on. Cost to change motor hook-ups, suction piping, discharge piping and the cement slabs to fit another make and model pump have been estimated at $20,000 per pump plus down-time of one (1) week per pump. 4. Bid #00-3100 was posted on June 14, 2000. Fifty-seven (57) inquires were sent and two (2) bids were received and opened on July 6, 2000. 5. Staff has reviewed the bids and recommends award of Bid #00-3100 to Hughes Supply Inc. in the total amount of $63,840.00, as the lowest qualified responsive bidder. FISCAL IMPACT: Funds have been budgeted in the Water Department Capital Outlay for the purchase of four (4) replacement booster pumps. GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: That the Board of County Commissioners, Ex-Officio, the Governing Board of the Collier County Water-Sewer District, approve the standardization of the Aurora HSC 12 x 14 x 18 Horizontal Split Case Pump for the Water Department Booster Station and approve the purchase of four (4) replacement pumps from Hughes Supply Inc. PAGE 2 Executive Summary Booster Pumps SUBMITTED BY: REVIEWED BY: Jim Fos~upervisor Paul Mattausch, Water Director DATE: 7-13-o-o DATE: REVIEWED BY: Gwen Butler, Interim Purchasing Director/GS Director Administrator DATE: ',2000 AUG o 1 2000 EXECUTIVE SUMMARY APPROVE WORK ORDER TO MITCHELL & STARK CONSTRUCTION COMPANY, INC. FOR SERVICES TO CONSTRUCT A RAW WATER MAIN ACROSS THE COCOHATCHEE CANAL EAST OF LIVINGSTON ROAD OBJECTIVE: That the Board of County Commissioners, as Ex-Officio the Governing Board of the Collier County Water Sewer District, approve a work order to replace a subaqueous raw water main with an aerial main across the Cocohatchee Canal, east of Livingston Road. CONSIDERATIONS: The South Florida Water Management District recently completed the widening of the Cocohatchee Canal, along the north side of Immokalee Road, in the vicinity of Livingston Road. During canal construction, an existing County raw water main that crossed under the canal was temporarily relocated onto the Livingston Road Bridge over the canal. The proposed work will return the main to its previous horizontal alignment, but in keeping with current County utility location policy, the vertical alignment will be over the canal instead of under it. Staff received quotes from the three firms currently under contract for providing Underground Utility Construction Services as follows: Mitchell & Stark D. N. Higgins Kyle Construction $107,522.00 $132,740.00 $154,130.44 A work order to Mitchell & Stark has been prepared to perform this work. FISCAL IMPACT: Funds for this work order in the amount of $107,522.00 are available from County Sewer Capital Projects. The funding source is 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 Work Order WD 141 in the amount of $107,522.00 to Mitchell & Stark Construction Company, Inc., and authorize the Interim Utilities Engineering Director to execute same. Executive Summary Approve Work Order Page 2 SUBMITTED BY: Ronald F. Dillard, P.E., Project Manager Public Utilities Engineering Department DATE: Karl W Boyer, P E, Interim Utilities Engineering Director REVIEWED BY: Jo~ph Cheatham, Wastewater Director DATE: BY: '/' - APPROVED DATE: ities Administrator WORK ORDER # WD 141 "UNDERGROUND UTILITY CONTRACTING SERVICES" Contract #98-2783, Dated June 17, 1998 This Work Order is for general contracting services, subject to the terms and conditions of the Contract referenced above, for Work known as: RAW WATER MAIN CROSSING COCOHATCHEE CANAL EAST OF LIVINGSTON ROAD The work is specified in the Bid dated June 2, 2000 from Mitchell & Stark Construction Company, Inc., which is attached hereto and made apart of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above, Work Order # WD 141 is assigned to Mitchell & Stark Construction Company, Inc. Scope of Work: Provide all services to construct aedal raw water main as shown on plan sheets 1 through 6 titled "Raw Water Main Crossing the Cocohatchee Canal East of Livingston Road" and associated Technical Specifications. Schedule of Work: Complete within 120 calendar days from Notice to Proceed. Compensation: In accordance with Item 4 of the Agreement, the County will compensate the Firm in accordance with the unit prices provided in the attached Bid Schedule. TOTAL BID: $107,522.00 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: AUTHORIZED BY: Ronald F. Dillard, P.E., Project Manager Public Utilities Engineering Department Jo~ph'~Che~atham~Director Date Date APPROVED BY: ACCEPTED BY: Kad W. Boyer, P.E., Intedm Utilities Engineering Director Bdar~ R. Penr~er, Vice President, Mitchell & Stark Construction Company, Inc. Date Date Approved as to Form and Legal Sufficiency: Aslant County Attomey AUG D 2000 PG. ~ 7 8 9 10 11 12 13 14 15 16 BID SCHEDULE Raw Water Main Crossing Cocoi'm~e Canal East of Livingston Road Description Item 1 12- diameter Class 56 longspan water main . 2 12" diameter Class 51 ductile iron water mabl 3 12" diameter gate vane and box 4 Cut-in 12' diameter gate valve and box 5 Remove one existing 12' tee and rotate one existing 12' tee 6 Remove existing 12' diameter above ground water main and delivery to Collier Co. storage yard Portland cement. concrete pier caps 14" prestosseal concrete piling -furnished 14" prestressed concrete piling - driven Class 2 dprap 2" Air release valve Pedestrian "fan" guards Sod the disturbed areas above top of slopes Painting of 12" water main Erosion control Mobilization/Demobilization TOTAL Total Bid Pdce: Totel of Items 1 through 16 In Words In Figures MITCHELL & STARK-CONST. CO., INC. (~:)01 SHIRLEY ,~ I i:,~.Jr.. f (941) ~7-2165 AUG EXECUTIVE SUMMARY APPROVAL AND EXECUTION AUTHORIZING RECORDING OF NOTICES OF DELINQUENT SPECIAL ASSESSMENTS FOR SOLID WASTE COLLECTION AND DISPOSAL SERVICE FOR THE 1995 SERVICE YEAR. OBJECTIVE: To gain Board of County Commissioners approval for the adoption of a Resolution authorizing recording of Notices of Delinquent Special Assessments for Solid Waste Collection and Disposal Service for the 1995 service year. CONSIDERATION: The Collier County Solid Waste Collection and Disposal Ordinance No. 98-30 as amended, provides for a mandatory residential waste collection program in unincorporated Collier County. The first service year for this program was the calendar year 1991. All those yet unpaid 1995 assessments, totaling 534 accounts, have been prepared in a roll of outstanding and delinquent special assessments referenced in the attached Resolution as Exhibit "A". Upon adoption of the Resolution by the Board of County Commissioners a written notice of imposition of lien will be mailed to each owner of record as listed on the special roll. Each notice gives the amount of principle and interest due. The notice states that failure to make immediate payment will cause the property to become subject to foreclosure and judicial sale, with the property owner incurring substantial costs and attorney's fees upon the filing of such actions. FISCAL IMPACT: The fiscal impact for recording the Resolution and Exhibit "A" is approximately $358.50 which is to be charged to Public Utilities/Mandatory Solid Waste. GROWTH MANAGEMENT IMPACT: N/A RECOMMENDATION: Recommendation that the Board of County Commissioners adopt a Resolution authorizing recording of Notices of Delinquent Special Assessments for Solid Waste Collection and Disposal Service for the 1995 service year. Pam Calli~ Special Assessments Revenue Supervisor Solid Waste Dept. Teresa A. Riesen, Solid Waste Revenue Manager Solid Waste Dept. REVIEWED BY: ~,,.,t~-- ~ George G. Yilmaz, Interim So~li~Waste Director APPROVED BY: ~i~~~ ~ ~Edw~. ~, I~fim Ad~nistrator Public Utilities Division Date Date Date AU6 0 1 200~ ~ I 2 4 6 ? 8 9 10 I! 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 RESOLUTION NO. 2000- RESOLUTION AUTHORIZING RECORDING OF NOTICES OF DELINQUENT SPECIAL ASSESSMENTS FOR SOLID WASTE COLLECTION AND DISPOSAL SERVICE CHARGES PURSUANT TO COLLIER COUNTY ORDINANCE NO. 90-30, AS AMENDED, AND DIRECTING THAT WRITTEN NOTICES OF SUCH RECORDATION OF LIENS BE MAILED TO THE AFFECTED RESIDENTIAL UNIT OWNERS. WHEREAS, Section Twelve of Collier County Ordinance No. 90-30, as amended, requires that the Board of County Commissioners, by Resolution, record notices of delinquent special assessments for solid waste collection and disposal service for certain real properties in Solid Waste District No. 1 or Solid Waste District No. 2 in unicorporated Collier County; and WHEREAS, the Resolution to record is to be approved after the Tax Collector (or other Board designee) delivers to the Board a list of outstanding and delinquent special assessments; and WHEREAS, said list of outstanding and delinquent special assessments has been received by the Board from the Tax Collector through the Clerk pursuant to an Agreement between the Tax Collector and the Board; and WHEREAS, in accordance with Section Twelve of Collier County Ordinance No. 90-30, as amended, the list specifies the outstanding amount of the respective delinquent special assessments including interest accrued thereon at the rate of twelve percent (I 2%) per annum, a legal description of the residential units against which the respective liens shall be imposed, and the names of the owner (s) of each respective residential unit as currently indicated on the Property Appraiser's Assessment Roll, even though said Assessment Roll may not in every case be current regarding ownership information; and WHEREAS, the list of delinquent assessments shall be recorded in the public records of Collier County. Any property showing a delinquent sum of less than $5.00 shall not constitute a lien subject to a foreclosure action and judicial sale under the Resolution because the administrative costs of enforcement by foreclosure outweigh the public benefit of pursuing each proceedings. A written notice of the imposition of each lien of $5.00 or more on each residential unit listed thereon must be mailed by the Clerk to each owner of the such residential unit as shown on Exhibit "A" addressed to the unit AUG o 120DO I owner's last known mailing address, as required by Section Twelve of Collier County 2 Ordinance 90-30, as amended. 3 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 4 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 5 1. The Clerk to the Board of County Commissioners is hereby directed to record 6 in the Official Records of Collier County this Resolution, a list of the 1995 7 delinquent solid waste collection and disposal service special assessments, 8 attached hereto as "Exhibit A" and made a part of thereof. 9 2. Notification by mail to each residential unit owner of record the owner's name 10 and last known address are shown on the attached Exhibit "A", a written 11 notice of recording of that respective owner's delinquent special assessment 12 lien for 1995. No notice shall be mailed ifthe total sum due is less than $5.00. 13 3. This Resolution shall be effective immediately upon its adoption by the Board 14 of County Commissioners of Collier County. 15 This Resolution adopted after motion, second and majority vote. 16 17 18 19 20 21 22 23 DATED: ATTEST: DWIGHT E. BROCK, CLERK 24 25 26 27 Approved as to form and legal sufficiency: 29 3~'lt~ David C.'~Veigel 33v County Attorney 34 35 36 37 38 39 40 41 42 43 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: TIMOTHY J. CONSTANTINE, CHAIRMAN AUG 0 PGo ~$ Ol 2000 (:3 · (:3 · (;3 · (3O 0 ~o °~ (:3 O~ o o, ,4~6 o ~ f0o0 ~'4 ' I~ ] ~ UG 0 1 ~UG ! ~UG O1 2OOa I I~AUG O 1.2O,aa j ),~AU,~ O1 2rjg8 j I :~UG 01200~ ! ~o / ?UG 01:~OOO j AUG 0 1 2uuO ~. ~// ~:,,~ AUG 0 ~ 2ODD AUG 0 ~om ~ ° ~ EXECUTIVE SUMMARY APPROVAL AND EXECUTION AUTHORIZING RECORDING OF NOTICES OF DELINQUENT SPECIAL ASSESSMENTS FOR SOLID WASTE COLLECTION AND DISPOSAL SERVICE FOR THE 1996 SERVICE YEAR. OBJECTIVE: To gain Board of County Commissioners approval for the adoption of a Resolution authorizing recording of Notices of Delinquent Special Assessments for Solid Waste Collection and Disposal Service for the 1996 service year. CONSIDERATION: The Collier County Solid Waste Collection and Disposal Ordinance No. 98-30 as amended, provides for a mandatory residential waste collection program in unincorporated Collier County. The first service year for this program was the calendar year 1991. All those yet unpaid 1996 assessments, totaling 747 accounts, have been prepared in a roll of outstanding and delinquent special assessments referenced in the attached Resolution as Exhibit "A". Upon adoption of the Resolution by the Board of County Commissioners a written notice of imposition of lien will be mailed to each owner of record as listed on the special roll. Each notice gives the amount of principle and interest due. The notice states that failure to make immediate payment will cause the property to become subject to foreclosure and judicial sale, with the property owner incurring substantial costs and attorney's fees upon the filing of such actions. FISCAL IMPACT: The fiscal impact for recording the Resolution and Exhibit "A" is approximately $493.50 which is to be charged to Public Utilities/Mandatory Solid Waste. GROWTH MANAGEMENT IMPACT: N/A RECOMMENDATION: Recommendation that the Board of County Commissioners adopt a Resolution authorizing recording of Notices of Delinquent Special Assessments for Solid Waste Collection and Disposal Service for the 1996 service year. Pam Callis, Special Assessments Revenue Supervisor S olid/~gste Dept. REVIEWED BY: Ter6sa A. Riese'n, Solid Waste Revenue Manager Solid Waste Dept. REVIEWED BY: ~,-..,~,~- George G. Yilmaz, ~terim SoJ/d,,Waste Director So~W~r,~ep~~'/ ) ... APPROVED BY:/~-~' / //Ed~.i~d~_N.. _~, I_ .,~.~m Adn~nistrator t_ ~Public Utilities Division D~te Date Dat // 1 2 3 4 5 6 7 8 9 1o 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 RESOLUTION NO. 2000- RESOLUTION AUTHORIZING RECORDING OF NOTICES OF DELINQUENT SPECIAL ASSESSMENTS FOR SOLID WASTE COLLECTION AND DISPOSAL SERVICE CHARGES PURSUANT TO COLLIER COUNTY ORDINANCE NO. 90-30, AS AMENDED, AND DIRECTING THAT WRITTEN NOTICES OF SUCH RECORDATION OF LIENS BE MAILED TO THE AFFECTED RESIDENTIAL UNIT OWNERS. WHEREAS, Section Twelve of Collier County Ordinance No. 90-30, as amended, requires that the Board of County Commissioners, by Resolution, record notices of delinquent special assessments for solid waste collecti~>{I and disposal service for certain real properties in Solid Waste District No. I or Solid Waste District No. 2 in unicorporated Collier County; and WHEREAS, the Resolution to record is to be approved after the Tax Collector (or other Board designee) delivers to the Board a list of outstanding and delinquent special assessments; and WHEREAS, said list of outstanding and delinquent special assessments has been received by the Board from the Tax Collector through the Clerk pursuant to an Agreement between the Tax Collector and the Board; and WHEREAS, in accordance with Section Twelve of Collier County Ordinance No. 90-30, as amended, the list specifies the outstanding amount of the respective delinquent special assessments including interest accrued thereon at the rate of twelve percent (12%) per annum, a legal description of the residential units against which the respective liens shall be imposed, and the names of the owner (s) of each respective residential unit as currently indicated on the Property Appraiser's Assessment Roll, even though said Assessment Roll may not in every case be current regarding ownership information; and WHEREAS, the list of delinquent assessments shall be recorded in the public records of Collier County. Any property showing a delinquent sum of less than $5.00 shall not constitute a lien subject to a foreclosure action and judicial sale under the Resolution because the administrative costs of enforcement by foreclosure outweigh the public benefit of pursuing each proceedings. A written notice of the imposition of each lien of $5.00 or more on each residential unit listed thereon must be mailed by the Clerk to each owner of the such residential unit as shown on Exhibit "A" addressed to the unit 1 2 3 4 5 6 7 8 9 1o I1 12 13 14 15 16 17 18 19 2o 21 22 23 24 25 26 27 owner's last known mailing address, as required by Section Twelve of Collier County Ordinance 90-30, as amended. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Clerk to the Board of County Commissioners is hereby directed to record in the Official Records of Collier County this Resolution, a list of the 1996 delinquent solid waste collection and disposal service special assessments, attached hereto as "Exhibit A" and made a part of thereof. 2. Notification by mail to each residential unit owner of record the owner's name and last known address are shown on the attached Exhibit "A", a written notice of recording of that respective owner's delinquent special assessment lien for 1996. No notice shall be mailed if the total sum due is less than $5.00. 3. This Resolution shall be effective immediately upon its adoption by the Board of County Commissioners of Collier County. This Resolution adopted after motion, second and majority vote. DATED: ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and 28 legal sufficiency: 29 30 32 7~David C. ~?eigel 33 ~" County Attorney 34 35 36 37 38 39 40 41 42 43 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: TIMOTHY J. CONSTANTINE, CHAIRMAN ~o~ r~ ko ,o oo C:) · ,--t ,--t ~o~ ~o~ 4..) ~0 II GO I~AUG 0 ~ ;,J,.~O J ~8'~ J ~Av~ 0 1 ~,~uO r,.) ,.~ "~ PG. ~o ~o~ AUG 0 ~ 2.-"JFJD J PC.___ ,7../ ~o (DO c) + · . .~ · . .~ . . .~ . . .~ . . .~ ~ · ~ · ~ . ~ . ~ · °~ b- EXECUTIVE SUMMARY WAIVE REQUIREMENT FOR FORMAL BID PROCESS UTILITIZING UNDERGROUND UTILITIES CONTRACTORS WORK ORDER SYSTEM AND AWARD WORK ORDER FOR THE REPLACEMENT OF AN 8 INCH WASTEWATER FORCE MAIN OBJECTIVE: That the Board of County Commission. e. rs, as Ex-Officio the Governing Board of the Collier County Water-Sewer District, waive the requirement for formal competition and approve a work order under Bid #97-2783, Underground Utilities Contractors, to replace an 8 inch wastewater fome main. CONSIDERATION: The existing 8 inch ductile iron wastewater force main in Imperial Golf Estates has had numerous breaks which have resulted in spills of raw wastewater. The pipe has severe corrosion problems and should be replaced immediately in order to protect the public health and prevent the interruption of a vital County service. The existing ductile iron pipe will be replaced with a heavy duty PVC material. The project scope will include replacing 6,800 feet of pipe, project layout, as-built drawings, and tie-in to the existing force main. 3. Staff has received quotes from the three firms currently under contract and Kyle Construction provided the low quote at $247,900. FISCAL IMPACT: Funds for this work order in the amount of $247,900 are available from County Sewer Capital Projects. The funding source is user fees. GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: That the Board of County Commissioners, as Ex-Officio the Governing Board of the Collier County Water-Sewer District, waive the requirement for formal competition and approve a work order under Bid #97-2783, Underground Utilities Contractors, to replace the 8 inch wastewater force main. NO. SUBMITTED BY: REVIEWED BY: APPROVED BY: StevgNagy, ~stewater Collections Supervisor J S Waste~irector // d~d N. ~nn ~terim ~blie Utilities Ad~niitr~r N0. AU~ O~ ~000 [ ¥LE 3636 PROSPECT N, PLE$, FL PROPOSAL DATE 07/05/2000 NAME/ADDRESS COLLIER COUNTY GOVERNMENT PUBLIC WORKS DIVISION A'I'TN: STEVE NAGY PROJECT ITEM DESCRIPTION QTY UNIT RATE TOTAL REPLACE 8" FORCE MAIN ~ IMPERIAL GOLF ESTATES ! 8" DRI 8 GREEN 6,800 LF 34.00 231,200.00 i2 8" DRi4 GREEN 200 LF 36.00 7,200.00 3 LAYOUT & ASBUILT I LS 5,000.005,000. 4 TIE INTO EXISTING F.M. 3 EA 1,500.004,500 ,THIS PRICE INCLUDES: ALL LABOR, EQUIPMENT, I SPRINKLER REPAIR, SOD REPLACEMENT, ASPHALT REPLACEMENT, ROCK REMOVAL, DE-WATERING, ! TESTING, CAPPING OLD PIPE & TRAFFIC CONTROL. PRICE DOES NOT INCLUDE: PERMITS, GROUTING EXISTING FORCE MAIN OR DENSITY TESTING. PRICE DOES NOT INCLUDE: PERMITS, GROUTING EXISTING FORCE MAIN OR DENSITY TESTING. **NOTE #1'* IF NEEDED 8" GATE VALVE ~ $5800.00 EACH. **NOTE #2** THIS IS A VERY TOUGH JOB WITH A TERMENDOUS AMOUNT OF EXISTING UTILITIES IN THE AREA AS WELL AS ALOT OF ROCK. THIS IS ALSO A WET AREA WHICH MEANS THE PROJECT SHOULD BE DONE IN THE DRY SEASON (NOW!) THE PROJECT WILL ALSO HAVE TO BE BUILT WITH COOPERATION FROM COLLIER COUNTY SEWER DEPT. TO PLACE PIPE WHERE WE CAN. AS YOU MAY KNOW, GREEN PIPE IS VERY HARD TO GET. I HAVE LOCATED 5900' OF 8" DRI$ GREEN & THE REMAINDER WILL BE BLUE & PAINTED IN FIELD. I ALSO HAVE A CREW AVAILABLE TO START THIS PROJECT IMMEDIATELY. Page 1 Total ~¥LE CONSTRUCTION, -'~636 PRO$~ECT AVE. .,~APLE$, FL PROPOSAL DATE 07105/2000 NAME/ADDRESS COLLIER COUNTY GOVERNMENT PUBLIC WORKS DIVISION ATTN: STEVE NAGY PROJECT. ITEM ANY DESCRIPTION QTY UNIT RATE TOTAL ~ QUESTIONS, PLEASE CALL ME. Total Page 2 DOCGLAS N HIGGINS INC ~001 07/05/00 WED 09:37 FA~ 941 774 4266 2ooo ~4'1] ~4-m'130 Iim Caramel Waste Water Collectiona 602? Shirley Street Naples, FL 34108 Fax; 941~ RE: 8" Force Main Replacement at Imperial Golf Estates Dear ~im, Per your request, we are submittLng a quote for the $" Force Main l~eptacemcut at Imperial Ool~Estates. Following are the unit prices. 8" DR18 Green 5800 LF $ 37,00 $251,600.00 8" DR14 Green 200 LF $ 42.00 $ 8,400.00. Layout & Asbuilt I LS $2.000.00 $ 2,000.00 Tie into Existing F.M. :~ EA $1,500.00 ~ $266,600.00 We c~. start on the project as soon as all the material can be procured. Please call ffyou have any questions. SinGerely, DOUOL~AS N, HIOOI~S Daniel N. I~ggins Project Manager E,E.O. ~7t03/2000 08:18 9415667865 HITCHELL ~ $TAIL~ PAC.-~ 0~ Mitchell & Stark Construction 'Co., Inc. 6001 Shirley StFeet ph. 941-$97-216S hx 941-S60-786S FACSIMILE Naples, ~ 34109 To: Attn: From: Date: Pages: COLLIER COUNTY WASTERWATER ~ ~I]V[ GAMMF. LL ' '941-591-0"N!~ l ~./I o7/ol/'2oo0 I. including this cover page. 12dPE~ GOLF ESTATES FORCEMAIN Attach are our pr/ces for the .above re~rence project. If you have any questions please contact L_=. __ ~7/03/2000 08:18 9~15667865 MZTCH~LL & ~TAI:L:~ PAC~ 02 ~ FOR: ~ GOI~' ESTATES BID TO:. COLLIER COUNTY WASTEW&TER COLLECHONS ATTENTIONI MR'. JIM GAMtv~'LL ~m .FRoM~ 'MITCm~tJ. & sT. aut~ CONSTRUCTION, CO. INC, DESCRIFIION UNIT ~ UNIT 8 INCH DR 18 GREEN 8 INCH DR 14 ORREN ' LAYOUT & ASBUILT TIE IN EXISTING FORCEMAIN LF 68OO LF 2OO LS 1 EA 3 CLARIHC~TIONS: 1. PERMITS, BOND, DENSITY TEST,AND GROUTING OF'EXISTING FORCEMAIN iS NOT INCLUDED. 2. New forcemain is to be located near exlsth~ ftweemaln 3. 8 inch ante vdves are $S.q),00 each, TOTAL UP ~OTAL EXECUTIVE SUMMARY AUTHORIZATION TO EXECUTE SATISFACTION OF LIEN DOCUMENTS FILED AGAINST REAL PROPERTY FOR ABATEMENT OF NUISANCE AND DIRECT THE CLERK OF COURTS TO RECORD SAME IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA OBJECTIVE: Authorization to execute satisfaction of lien documents filed against real property for abatement of nuisance and direct the Clerk of Courts to record same in the public records of Collier County, Florida. CONSIDERATION: Authorize the filing of Liens, for the purpose of receiving compensation for nuisance of abatement on the real property described as follows: SEE EXHIBIT "A" Said Liens were recorded in Official Record Book of the Public Records of Collier County, Florida. The owners of said properties have paid to the Board of County Commissioners sums representing full payment of principal and interest due under said Liens. Collier County has verified that said Liens have been satisfied and now requests Satisfaction of Lien documents and order the Clerk of Courts to record same in the public Records of Collier County, Florida. FISCAL IMPACT: Recording the satisfaction of lien is approximately $33.00 and will be charged to MSTD General Fund - Code Enforcement Admin. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners authorize the Chairman to execute the attached Satisfaction of Lien documents filed against real property for abatement of nuisance and direct the Clerk of Courts to record same in the Public Records of Collier County, Florida. SUBMITTED BY .'~~ ~~~ Pap Callis,~ial Assessment Revenue~pervisor So h'd~astiD-ePt.~-0 , REVIEWED BY: e~resd.~Ries(~n, S~ Waste Revenue Manager Solid Waste Dept. REVIEWED BY: ~~,.~.~- ~ George G. Yihnaz, Interim Solid Waste Director APPROVED BY: Soli , ' fy p E~(w~N. F~t~'~terir~dm ini strator Pubtic Utilities Di' -'visio~ Date: Date: Date: Dat~.~/~/~ AUG g I 2rj:j? EXHIBIT "A" James Bruskay, Folio # 62100160008, Lot 3, Blk 12, Naples Manor Addition. Donna Dickson, Folio # 23120840004, Lots 8,9,10 and west 15 feet of Lot 11, Bik D, Bay Park Subdivision. Julius M. Morodan, Folio # 00392120009, Lot 4, Section 13, Township 50 South, Range 25 East, Blk "F", Sabal Shores. Julius M. Morodan, Folio # 00392120009, Lot 4, Section 13, Township 50 South, Range 25 East, Blk "F", Sabal Shores. This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attomey 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 62100160008 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: James Bruskay 9219 S Spaulding Ave ~Evergreen Park, IL 60805 The Lien was recorded on 22nd day of February, 1999, in Official Record Book 2515 page 0848 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two ttundred Forty Five Dollars and No Cents ($245.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 3, BLOCK 12, NAPLES MANOR ADDITION Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. 1N WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ., 2000. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA and legal sufficiency By: TIMOTHY J. CONSTANTINE, CHAIRMAN This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 23120840004 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Donna Dickson 475 15th Ave Naples, FL 33940 The Lien was recorded on 11 th day of September, 1995, in Official Record Book 2098 page 0179 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Three Hundred Twenty Two Dollars and Fifty Cents ($322.50) plus accmed interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: THE SOUTH 70 FEET OF THE FOLLOWING DESCRIBED PROPERTY: LOTS 8,9,10 AND THE WEST 15 FEET OF LOT 11, BLOCK D, BAY PARK SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 61, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND THE WESTERLY 135 FEET OF BAY AVENUE, AS SHOWN ON THE PLAT THEREOF, BAY PARK SUBDIVISION Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2000. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA and legal sufficiency By: TIMOTHY J. CONSTANTINE, CHAIRMAN This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 00392120009 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Julius M Morodan 3064 Ragis Rd 'Edgewater, FL 32132 The Lien was recorded on the 21st day of April, 1995 in Official Record Book 2051 page 1201 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Forty Five Dollars and No Cents ($245.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT #4. A LOT OR PARCEL OF LAND IN SECTION 13, TOWNSHIP 50 SOUTH, RANGE 25 EAST, IN COLLIER COUNTY, FLORIDA. THE SAID PARCEL BEING SPECIFICALLY DESCRIBED AS FOLLOWS: FROM THE POINT OF INTERSECTION OF THE NORTH LINE OF ARECA AVENUE, ACCORDING TO A SUBDIVISION OF BLOCK "F", SABAL SHORES AS RECORDED IN PLAT BOOK 4, AT PAGE 40, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, WITH THE WEST LINE OF SAID SECTION 13, RUN EAST ON A PROLONGATION OF THE NORTH LINE OF THE SAID ARECA AVENUE FOR 115 FEET; THENCE RUN NORTH PARALLEL WITH THE WEST LINE OF THE SAID SECTION 13 FOR 183 FEET TO ESTABLISH THE POINT OF BEGINNING. FROM THE DESCRIBED PO1NT OF BEGINNING CONTINUE NORTH PARALLEL WITH THE SAID WEST LINE OF SECTION 13 FOR 53 FEET; THENCE RUN WEST PARALLEL WITH THE SAID PROLONGATION OF THE NORTH LINE OF ARECA AVENUE FOR 115 FEET TO THE SAID WEST LINE OF SECTION 13; THENCE RUN SOUTH ON THE SAID WEST LINE FOR 53 FEET; THENCE RUN EAST ON A LINE PARALLEL WITH THE SAID NORTH L1NE OF ARECA AVENUE FOR 115 FEET TO THE POINT OF BEGINNING. Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. AUG IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2000. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA ~ciency By: TIMOTHY J. CONSTANTINE, CHAIRMAN This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 00392120009 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Julius M Morodan 3064 Ragis Rd - -Edgewater, FL 32132 The Lien was recorded on 6th day of October, 1994, in Official Record Book 1992 page 0412 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Four Thousand Three Hundred Dollars and No Cents ($4,300.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT #4. A LOT OR PARCEL OF LAND IN SECTION 13, TOWNSHIP 50 SOUTH, RANGE 25 EAST, IN COLLIER COUNTY, FLORIDA. THE SAID PARCEL BEING SPECIFICALLY DESCRIBED AS FOLLOWS: FROM THE POINT OF INTERSECTION OF THE NORTH LINE OF ARECA AVENUE, ACCORDING TO A SUBDIVISION OF BLOCK "F", SABAL SHORES AS RECORDED IN PLAT BOOK 4, AT PAGE 40, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, WITH THE WEST LINE OF SAID SECTION 13, RUN EAST ON A PROLONGATION OF THE NORTH LINE OF THE SAID ARECA AVENUE FOR 115 FEET; THENCE RUN NORTH PARALLEL WITH THE WEST LINE OF THE SAID SECTION 13 FOR 183 FEET TO ESTABLISH THE POINT OF BEGINNING. FROM THE DESCRIBED POINT OF BEGINNING CONTINUE NORTH PARALLEL WITH THE SAID WEST LINE OF SECTION 13 FOR 53 FEET; THENCE RUN WEST PARALLEL WITH THE SAID PROLONGATION OF THE NORTH LINE OF ARECA AVENUE FOR 115 FEET TO THE SAID WEST LINE OF SECTION 13; THENCE RUN SOUTH ON THE SAID WEST LINE FOR 53 FEET; THENCE RUN EAST ON A LINE PARALLEL WITH THE SAID NORTH LINE OF ARECA AVENUE FOR 115 FEET TO THE POINT OF BEGINNING. Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. AUG 1 '-., : IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ,2000. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA and legal sufficiency By: TIMOTHY J. CONSTANTINE, CHAIRMAN EXECUTIVE SUMMARY AUTHORIZATION TO EXECUTE SATISFACTION OF LIENS FOR CERTAIN RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED IN FULL FOR THE 1994 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS OBJECTIVE: That the Board of County Commissioners adopt a Resolution approving the Satisfaction of Liens for certain residential accounts where the County has received payment in full for the 1994 Solid Waste Collection and Disposal Services Special Assessments. CONSIDERATIONS: Resolution No. 95-475 adopted by the Board on August 22, 1995 provided for the recording of the list of 1994 delinquent solid waste collection and disposal services special assessments and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 95-475 was recorded on September 14, 1995 in Official Record Book 2099, Pages 1338 through 1574 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1994 Solid Waste Collection and Disposal Services Special Assessments. Collier County Ordinance No. 90-30, as amended, provides that Satisfaction of Liens shall be approved by Resolution of the Board of County Commissioners. The attached Resolution lists the 4 accounts that have paid in full for the 1994 Solid Waste Collection and Disposal Services Special Assessment Lien. FISCAL IMPACT: The fiscal impact for recording the Satisfactions of Liens and the Resolution is approximately $30.00 which is to be charged to Public Utilities/Mandatory Solid Waste. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That that Board of County Commissioners adopt the attached Resolution approving the 4 Satisfactions of Lien for the account listed in the Resolution and authorizing the Chairman to sign the 4 Satisfaction of Liens for the 1994 Solid Waste Collection and Disposal Services Special Assessment Liens. Prepared by."~-~c~,, ~' ~~'_ Date: Pam Calli~ Revenue/Sd~ervisor Solid W~a'ste Departm_ ent Reviewed by: .///~ ~. ~~'~---~' Date: 7-"'/~" Teresa A. Riesen, Solid Waste Revenue Manager Solid Waste Department ~'"'~-~- ~ Date: Reviewed by: George G. Yilmaz, Interim Solid Waste Director Solid Waste Department ^pproved ,: a,e: Ed/w~"~ N.~n, I~'e~Admirfi'strator Pld31ic utir~ties Division RESOLUTION NO. 2000- A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1994 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS. WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County Commissioners on August 22, 1995 adopted Resolution No. 95-475 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1994; and WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfaction of Lien on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF CIDLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as amended, the Board recognizes full payment and receipt of the 1994 Service Year Solid Waste Collection and Disposal Special Assessment for the following accounts numbered below, subsequent to the adoption of Resolution No. 95-475, whereupon a lien had been recorded on real property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County: Account No. 4530 Account No. 9153 Account No. 10032 Account No. 16175 This Resolution adopted this second and majority vote. day of , 2000 after motion, ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Approved as to form and legal sufficiency: BY: TIMOTHY J. CONSTANTINE, CHAIRMAN This instrument prepared by: Robert Zachary Assistant County Attomey Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 · Property Folio No: 56806840007 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Island Ltd P O Box 2062 Marco Island, FL 339370000 The Lien was recorded on the 14~ day of September, 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier Countyr State of Flodda. The Lien secures the principal sum of Twenty Six Dollars and Ten Cents (26.10) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: MARCO BCH UNIT 2 BLK 70 LOT 2 OR 1554 PG 1949 Folio No. 56806840007 Project No. 64001 Account No. 4530 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ., 2000. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By TIMOTHY J. CONSTANTINE, CHAIRMAN This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No: 36321880009 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Fidel=& Estrella Toledo 2635 W67~ PL #12 Hialeah, FL 33016-2844 The Lien was recorded on the 14"~ day of September, 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier Countyr State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirty Seven Cents ($104.37), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE UNIT 6 BLK 221 LOT 10 OR 1129 PG 2123 Folio No. 36321880009 Project No. 64000 Account No. 9153 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ,2000. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By TIMOTHY J. CONSTANTINE, CHAIRMAN This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No: 36458760005 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Yaovi=& Florence Tigoe % Michael P. Jones PA 2375 N Tamiami Tr Ste 308 Naples, FL 33940-0000 The Lien was recorded-on the t4~ day of September, 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirty Seven Cents ($104.37) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE UNIT 7 BLK 268 LOT 19 OR 985 PG 211. Folio No. 36458760005 Project No. 64000 Account No. 10032 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of 2000. Aq-I-EST: DWIGHT E. BROCK, CLERK Approved as to form BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By TIMOTHY J. CONSTANTINE, CHAIRMAN NO. This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No: 50890560001 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Leonard Hoop Diane Hoop 2807 Holly Ave Naples, FL 33962-0000 The Lien was recorded on the 14~ day of September, 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirty Seven Cents ($104.37), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: HOLLY TERRACE LOT 17 OR 1648 PG 06 Folio No. 50890560001 Project No. 64000 Account No. 16175 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ,2000. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and/~iency BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By TIMOTHY J. CONSTANTINE, CHAIRMAN EXECUTIVE SUMMARY A RESOLUTION APPROVING THE SATISFACTION OF LIENS FOR CERTAIN RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED IN FULL FOR THE 1993 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS OBJECTIVE: That the Board of County Commissioners adopt a Resolution approving the Satisfaction of Liens for certain residential accounts where the County has received payment in full for the 1993 Solid Waste Collection and Disposal Services Special Assessments. CONSIDERATIONS: Resolution No. 94-694 adopted by the Board on September 20, 1994 provided for the recording of the list of 1993 delinquent solid waste collection and disposal services special assessments and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 94-694 was recorded on September 22, 1994 in Official Record Book 1987, Pages 1514 through 1749 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1993 Solid Waste Collection and Disposal Services Special Assessments. Collier County Ordinance No. 90-30, as amended, provides that Satisfaction of Liens shall be approved by Resolution of the Board of County Commissioners. The attached Resolution lists the 3 accounts that have paid in full for the 1993 Solid Waste Collection and Disposal Services Special Assessment Liens. FISCAL IMPACT: The fiscal impact for recording the Satisfaction of Liens and the Resolution is approximately $24.00 which is to be charged to Public Utilities/Mandatory Solid Waste. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That that Board of County Commissioners adopt the attached Resolution approving the 3 Satisfaction of Liens for the accounts listed in the Resolution and authorizing the Chairman to sign the 3 Satisfaction of Liens for the 1993 Solid Waste Collection and Disposal Services Special Assessment Liens. Prepared by~'~'~w~ ~ Pam Callis, Special Assessments Revenue y~-,d~pervisor Solid W.,a~te Department Reviewed by: Te~esa/A. Riesen, Solid Waste Revenue Manager Solid Waste Department Reviewed by: George G. Yilmaz, Interim Solid Waste Director Approved by: ~vard~. F'm~,, Interim Ad~ninistrator Public Utilities Division Date: ~-~% ~(.) Date: Date// 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 RESOLUTION NO. 2000- A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1993 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County Commissioners on September 20, 1994 adopted Resolution No. 94-694 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1993; and WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfaction of Lien on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as amended, the Board recognizes full payment and receipt of the 1993 Service Year Solid Waste Collection and Disposal Special Assessment for the following accounts numbered below, subsequent to the adoption of Resolution No. 94-694, whereupon a lien had been recorded on real property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County: Account No. 306089 Account No. 5665 Account No. 259 This Resolution adopted this second and majority vote. ATTEST: DWIGHT E. BROCK, CLERK 40 41 42 Approved as to form and 43 legal suffi~qj~ncy: 4~'~ David C~. Weigel 47 County Attorney ' day of , 2000 after motion, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: TIMOTHY J. CONSTANTINE, CHAIRMAN L This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 62104000009 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Mary Flores Esteban Paita 5413 Catt ST Naples, FL 33962-0000 The Lien was recorded on the 22nd day of September, 1994, in Official Record Book 1987, Pages 1514 through 1749, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Dollars and Seventy Four Cents ($100.74) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NAPLES MANOR ADD BLK 14 LOTS 33 + 34 OR 1316 PG 1946 Folio No. 62104000009 Project No. 63000 Account No. 306089 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2000, ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: TIMOTHY J. CONSTANTINE, CHAIRMAN This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 26083520002 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Janet M. Brown P.O. Box 1679 LaBelle, FL 33935-0000 The Lien was recorded-on the 22nd day of September, 1994, in Official Record Book 1987, Pages 1514 through 1749, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Dollars and Seventy Four Cents ($100.74) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: CHOKOLOSKEE 36 53 29 LOT DES IN DB 24 PG 508 NOW DB 41 PG 151, LESS OR 663 PG 748 OR 1161 PG 1755 AND OR 1272-1768. Folio No. 26083520002 Project No. 63000 Account No. 5665 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ,2000. A'I-rEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:. TIMOTHY J. CONSTANTINE, CHAIRMAN This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 00395040005 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Alberta J. Mc Lenon 4790 Pine ST Naples, FL 33962-0000 The Lien was recorded'on the 22nd day of September, 1994, in Official Record Book 1987, Pages 1514 through 1749, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Twenty Five Dollars and Seventeen Cents ($25.17) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: 14 50 25 S 173FT OF E 130FT OF E172 OF SEl/4 OF SWl/4 EXC S 50FT + EXC E 30FT FOR RAN Folio No. 00395040005 Project No. 63001 Account No. 259 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2000. ATTEST: DWIGHT E. BROi~K, CLERK Approved as to form and legal sufficiency BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: TIMOTHY J. CONSTANTINE, CHAIRMAN EXECUTIVE SUMMARY APPROVAL AND EXECUTION FOR SATISFACTIONS OF CLAIM OF LIENS AND/OR SEWER SYSTEM IMPACT FEES FOR WATER OBJECTIVE: Recommendation that the Board acknowledges full payment and executes the Satisfaction of Claim of Lien. CONSIDERATIONS: The Board of County Commissioners of Collier County, Florida as the Governing Body of Collier County and as Ex-Officio the Governing Board of the Collier County Water/Sewer District of Collier County, Florida, recorded the Claim of Liens in the Office of the Clerk of the Circuit Court of Collier County, Florida. SEE ATTACHED EXHIBIT A Full payment and satisfaction of these liens have been made. The County Attorney's Office has reviewed and approved the Satisfaction of Claim of Liens. FISCAL IMPACT: Payment in full of these Claim of Liens increases the cash flow in the County's sewer impact fee fund by $27,840.00. This will also increase the County's Water impact fee fund by $0.00. The fiscal impact for recording the satisfaction of liens is approximately $108.00, which is to be charged to the Public Utilities - Finance. GROWTH MANAGEMENT: None RECOMMENDATION: Recommendation to acknowledge full payment and the satisfaction of these liens and to surrender the same canceled, and to direct the Clerk of the Circuit Court of Collier County to cancel the same of record. Authorize the Chairman to execute the Satisfaction of Claim of Liens. Prepared by: ~ c,.., ,',,,,, ( \ c r~ Pain Callis, Special Assessment Revenue Supervisor Solid Waste Dept. Reviewed by: .,~'% ~ Li-~ ', Teresa/A Riesen, Solid Waste Revenue Manager Solid Waste Dept. Reviewed by:. George G. Yilmaz, Interim Solid Waste Director Solid Waste. Dept. Ed~,ard N Finn, Interim Administrator Public Utilities Division Date: Date: Date: ~///~-.¢ -- Date: 2/~'~;~' AUG '3,! 2rjO0 I EXHIBIT A 1. Peter K. Baus, securing the principal balance of one thousand three hundred forty dollars and no cents ($1,340.00) plus accrued interest. o 10. Jack M. Behling and Allison Behling, husband and wife as an estate by the entireties, securing the principal balance of one thousand three hundred forty dollars and no cents ($1,340.00) plus accrued interest. 11. Miguel Chavez and Alberta Chavez, as joint tenants with right of survivorship and not a tenants in common, securing the pricipal balance of one thousand three hundred forty dollars and no cents ($1,340.00) plus accrued interest. Rodney Dykes and Emerson Dykes, as joint tenants with right of survivorship, securing the principal balance of two thousand two hundred dollars and no cents ($2,200.00) plus accrued interest. Karen L. Etherson and Victor A. Vazquez, both single people, securing the principal balance of one thousand three hundred forty dollars and no cents ($1,340.00) plus accrued interest. Michael J. Kehl, a single man, securing the principal balance of one thousand five hundred eighty dollars and no cents ($1,580.00) plus accrued interest. Emperatriz Manzano, securing the principal balance of one thousand one hundred dollars and no cents ($1,100.00) plus accrued interest. Craig E. Miller, a single man, securing the principal balance of one thousand one hundred dollars and no cents ($1,100.00) plus accrued interest. Juan A. Oliva and Miriam A. Oliva, husband and wife, and Odilo Perez and Sandra Perez, husband and wife, securing the principal balance of one thousand three hundred forty dollars and no cents ($1,340.00) plus accrued interest. Raphael Santos and Delia Santos, husband and wife, securing the principal balance of one thousand three hundred forty dollars and no cents ($1,340.00) plus accrued interest. Salomon Serrato and Rebecca A. Serrato, husband and wife, securing the principal balance of one thousand three hundred forty dollars and no cents ($1,340.00) plus accrued interest. 12. Michael A. Tomany and Cheryl K. Tomany, husband and wife, securing the principal balance of two thousand two hundred dollars and no cents ($2,200.00) plus accrued interest. 13. Michael A. Tomany and Cheryl K. Tomany, husband and wife, securing the principal balance of one thousand one hundred dollars and no cents ($1,100.00) plus accrued interest. 14. Winford I. Turner, JR, a single person, securing the principal balance of one thousand three hundred forty dollars and no cents ($1,340.00) plus accrued interest. 15. Ronald L. Williamson, securing the principal balance of seven thousand eight hundred forty dollars and no cents ($7,840.00) plus accrued interest. This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICJO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Lien against: Peter K. Baus 5528 Sholtz St. Naples, FL 33962 The Lien was recorded on 17'h day of November, 1994, in Official Record Book 2003, Page(s) 0865, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Thousand Three Hundred Forty Dollars and No Cents ($1,340.00),-plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 14, BLOCK 6, AMENDED PLAT OF NAPLES MANOR EXTENSION, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 3, PAGE 10'1, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS DESCRIBED IN THAT DOCUMENT RECORDED IN OR BOOK 989, PAGE 742 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO NUMBER: 62204640000 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full Satisfaction df the Lien and hereby cancels the Lien. The Clerk of the Circuit Coud is hereby directed to record _this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2000. ATTEST: DWIGHT E. BROCK, CLERK Rober~ Z~ac,~ary Assistant County Attorney 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 TIMOTHY J. CONSTANTINE, CHAIRMAN This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Lien against: Jack M. Behling and Allison Behling, Husband and Wife as an Estate by the Entireties, 2332 Florida Ave. Naples, FL 33962 The Lien was recorded on 24~ day of October, 1994, in Official Record Book 1996, Page(s) 1247, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures ~he principal sum of One Thousand Three Hundred Forty Dollars and No Cents ($1,340.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 10, SUNSET HOMES, ACCORDING TO THE PLAT THEREOF, ON FILE AND RECORDED IN PLAT BOOK 4, PAGE 21, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS DESCRIBED IN THAT DOCUMENT RECORDED IN OR BOOK 932, PAGE 841 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO NUMBER: 75760360002 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdi~iision of the State of Florida, hereby acknowledges receipt of payment in full Satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record -this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ,2000. A'I-FEST: DWIGHT E. BROCK, CLERK R &be~-t,~'abl~a ry Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFIClO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT TIMOTHY J. CONSTANTINE, CHAIRMAN This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Lien against: Miguel Chavez and Alberta Chavez, as Joint Tenants with Right of Survivorship and not as Tenants in Common, 5326 Hardee St Naples, FL 33962 The Lien was recorded on 17~" day of November, 1994, in Official Record Book 2003, Page(s) 0881, in the~Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Thousand Three Hundred Forty Dollars and No Cents ($1,340.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 7, BLOCK 7, NAPLES MANOR ADDITION, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 3, PAGES 67 AND 68, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS DESCRIBED IN THAT DOCUMENT RECORDED IN OR BOOK '1510, PAGE 698 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO NUMBER: 62094400007 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full Satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ,2000. ATTEST: DWIGHT E. BROCK', CLERK R(~bert'Za/cl~ary Assistant County Attorney 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 TIMOTHY J. CONSTANTINE, CHAIRMAN This instrument pre~ by: Robert Zachary - /~ ~ Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Lien against: Rodney Dykes and Emerson Dykes, as joint tenants with right of survivorship 3049 Van Buren Avenue Naples, FL 33962 The Lien was recorded on 18~ day of October, 1994, in Official Record Book 1996, Page(s) 1241, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Thousand Two Hundred Dollars and No Cents ($2,200.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOTS 21 AND 22, KELLY PLAZA, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 3, PAGE 95, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS DESCRIBED IN THAT DOCUMENT RECORDED IN OR BOOK 961, PAGE 919 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO NUMBER: 52700800008 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full Satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2000. ATrEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFIClO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT TIMOTHY J. CONSTANTINE, CHAIRMAN This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Lien against: Karen L. Etherson and Victor A. Vazquez, both single people, 4014 Rose Ave. Naples, FL 33962 The Lien was recorded on 13th day of October, 1994, in Official Record Book 1993, Page(s) 1801, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Thousand Three Hundred Forty Dollars and No Cents ($1,340.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 7, BLOCK A, PINE VIEW VILLAS, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 9, AT PAGE 49 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS DESCRIBED IN THAT DOCUMENT RECORDED IN OR BOOK 1052, PAGE 362 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO NUMBER: 67490280004 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full Satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this ~day of . ,2000. ATTEST: DWIGHT E. BROCK, CLERK Robert"Z~chary Assistant County Attorney 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 TIMOTHY J. CONSTANTINE, CHAIRMAN This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Lien against: Michael J Kehl, a single man, 2166 Longboat Dr. Naples, FL 33942 The Lien was recorded on 28~ day of July, 1994, in Official Record Book 001971, Page(s) 000917, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Thousand Five Hundred Eighty Dollars and No Cents ($1,580.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: THAT CERTAIN CONDOMINIUM PARCEL COMPOSED OF FAMILY LIVING UNIT 3, MANATEE POINT, A CONDOMINIUM, AND AN UNDIVIDED SHARE IN THE COMMON ELEMENTS APPURTENANT THERETO IN ACCORDANCE WITH AND SUBJECT TO THE COVENANTS, RESTRICTIONS, TERMS AND OTHER PROVISIONS OF THE DECLARATION THEREOF RECORDED IN OFFICIAL RECORD BOOK 826, PAGES 852 THROUGH 891, INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND SUBSEQUENT AMENDMENTS THERETO; AS MORE PARTICULARLY DESCRIBED IN THAT DOCUMENT RECORDED IN OR BOOK '1,846, PAGE 204 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO NUMBER: 56450120005 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full Satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ,2000. ATTEST: DWIGHT E. BROCK, CLERK Robed Zachary Assistant County Attorney 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 TIMOTHY J. CONSTANTINE, CHAIRMAN This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Lien against: Emperatriz Manzano 5481 Martin St. Naples, FL 33962 The Lien was recorded on 17th day of November, 1994, in Official Record Book 2003, Page(s) 0895, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Thousand One Hundred Dollars and No Cents ($1,100.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 8, BLOCK 12, NAPLES MANOR EXTENSION, ACCORDING TO PLAT THEREOF RECORDED IN PLAT BOOK 3, PAGE 101, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS DESCRIBED IN THAT DOCUMENT RECORDED IN OR BOOK 1872, PAGE 1307 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO NUMBER: 62207560006 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full Satisfaction ~f the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ,2000. ATTEST: DWIGHT E. BROCK, CLERK /'~--~ ,,...~ ~ Robert Z~c~ary Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFIClO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT TIMOTHY J. CONSTANTINE, CHAIRMAN This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Lien against: Craig E. Miller, a single man, 5470 Texas Ave. Naples, FL 33962-7859 The Lien was recorded on 17~ day of November, 1994, in Official Record Book 2003, Page(s) 0878, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Thousand One Hundred Dollars and No Cents ($1,100.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 1, BLOCK 18, NAPLES MANOR ADDITION, ACCORDING TO THE PLAT THEREOF, OF RECORD IN PLAT BOOK 3, PAGES 67 AND 68, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS DESCRIBED IN THAT DOCUMENT RECORDED IN OR BOOK 1744, PAGE 1011 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO NUMBER: 62104600001 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full Satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ,2000. Al-rEST: DWIGHT E. BROCK, CLERK Ro[bert-Za~lia~/ Assistant County Attorney 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 TIMOTHY J. CONSTANTINE, CHAIRMAN This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFIClO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Lien against: Juan A. Oliva and Miriam A. Otiva, Husband and W~fe, and Odilo Perez And Sandra Perez, Husband and Wife, Whose mailing address is: 6061 Hillandale Dr Los Angeles, CA 90042 3513 Thomasson Dr Naples, FL The Lien was recorded on 13th day of October, 1994, in Official Record Book 1993, Page(s) 1789, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Thousand Three Hundred Forty Dollars and No Cents ($1,340.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: THE EAST 10 FEET OF LOT 24 AND ALL OF LOT 25, REPLAT AVALON ESTATES UNIT NO. 1, AS RECORDED IN PLAT BOOK 4, PAGE 65, COLLIER COUNTY PUBLIC RECORDS; SUBJECT TO RESTRICTIONS, RESERVATION AND EASEMENTS OF RECORD, AS DESCRIBED IN THAT DOCUMENT RECORDED IN OR BOOK 1411, PAGE 2336 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO NUMBER: 22670720002 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full Satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ,2000. ATTEST: DWIGHT E, BROCK, CLERK R~ber:t Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFIClO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT TIMOTHY J. CONSTANTINE, CHAIRMAN This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Lien against: Raphael Santos And Delia Santos, Husband and Wife, 4605 Dominion Drive Naples, FL 33962 The Lien was recorded on 13"~ day of October, 1994, in Official Record Book 1993, Page(s) 1786, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Thousand Three Hundred Forty Dollars and No Cents ($1,340.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 21, BLOCK 6, UNIT NO. 1, AVALON ESTATES, A SUBDIVISION ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN PLAT BOOK 3, PAGE 62, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS DESCRIBED IN THAT DOCUMENT RECORDED IN OR BOOK 1131, PAGE 380 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO NUMBER: 22624520009 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full Satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ,2000. ATTEST: DWIGHT E. BROCK, CLERK Rc~bert'Z~c~ary Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFIClO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT TIMOTHY J. CONSTANTINE, CHAIRMAN This instrument prepared by: Robed Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a cedain Lien against: Salomon Serrato And Rebecca Ao Serrato, Husband and Wife, 5218 Trammel St Naples, FL 33962 The Lien was recorded on 17th day of November, 1994, in Official Record Book 2003, Page(s) 0877, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures-the principal sum of One Thousand Three Hundred Forty Dollars and No Cents ($1,340.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 5, BLOCK 3, NAPLES MANOR LAKES, ACCORDING TO PLAT IN PLAT BOOK 3, PAGES 86 AND 87, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS DESCRIBED IN THAT DOCUMENT RECORDED IN OR BOOK 1878, PAGE 1567 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO NUMBER: 62251440004 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full Satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record ihis Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this ~day of ,2000. ATTEST: DWIGHT E. BROCK, CLERK R~bert -Z'a~hary Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFIClO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT TIMOTHY J. CONSTANTINE, CHAIRMAN This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Lien against: Michael A. Tomany And Cheryl K. Tomany, Husband and Wife, Whose mailing address is: 955 Hidden Terrace Naples, FL 33942 4609 Orchard Ln A-C Naples, FL The Lien was recorded on 13~ day of October, 1994, in Official Record Book 1993, Page(s) 1782, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Thousand Two Hundred Dollars and No Cents ($2,200.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 34, BLOCK 1, AVALON ESTATES UNIT NO. 1, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 3, PAGE 62, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS DESCRIBED IN THAT DOCUMENT RECORDED IN OR BOOK 1369, PAGE 544 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO NUMBER: 22621160006 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full Satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ,2000. ATTEST: DWIGHT E. BROCK, CLERK Assistant County Attorney 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 TIMOTHY J. CONSTANTINE, CHAIRMAN This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFIClO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Lien against: Michael A. Tomany And Cheryl K. Tomany, husband and wife, 955 Hidden Terrace Naples, FL 33942 The Lien was recorded on 30~ day of September, 1994, in Official Record Book 1993, Page(s) 1782, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Thousand One Hundred Dollars and No Cents ($1,100.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 4, HIDDEN PINES SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 13, PAGES 87 AND 88 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS DESCRIBED IN THAT DOCUMENT RECORDED IN OR BOOK 1495, PAGE 1211 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO NUMBER: 49880160008 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full Satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of. ,2000. ATTEST: DWIGHT E. BROCK, CLERK ~---~.~_....---~ R(~ber~ ['~c'h a ry Assistant County Attorney 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 TIMOTHY J. CONSTANTINE, CHAIRMAN This instrument prepared by: Robed Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIQ THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Lien against: Winford I. Turner, JR., a single person, 45 Liberty LA Naples, FL 33962 The Lien was recorded on 24thday of October, 1994, in Official Record Book 1996, Page(s) 1253, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Thousand Three Hundred Forty Dollars and No Cents ($1,340.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: A PORTION OF LOT 58, AS SHOWN BUT NOT INCLUDED ON THE PLAT OF TURNER OAK HILL ESTATES, INC., FIRST ADDITION, AS RECORDED IN PLAT BOOK 9, PAGE 115, DESCRIBED AS FOLLOWS: COMMENCING AT THE SE CORNER OF LOT 96, NAPLES GROVE AND TRUCK COMPANY'S LITTLE FARMS NO. 2, AS RECORDED IN PLAT BOOK 1, PAGE 27, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE N 0002'40" E ALONG THE EAST LINE OF THE NE ¼ OF SECTION 23, TWP 50 S, RGE 25 E, FOR 385.00 FEET; THENCE N 89°45'50" W FOR 200.30 FEET TO THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL; THENCE SOUTH FOR 48.10 FEET TO A POINT ON THE SOUTH LINE OF LOT 97 OF THE ABOVE DESCRIBED PLAT; THENCE N 89°43'50" W FOR 405.00 FEET ALONG SAID SOUTH LINE TO A POINT ON A CURVE; THENCE 282.74 FEET ALONG THE ARC OF A CURVE, CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 360.00 FEET AND SUBTENDED BY A CHORD HAVING A BEARING OF N 22°46'10" E AND A LENGTH OF 275.53 FEET TO A POINT ON A CURVE; THENCE 124.55 FEET ALONG THE ARC OF A CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 158.58 FEET AND SUBTENDED BY A CHORD HAVING A BEARING OF S 67°13'50" E AND A LENGTH OF 121.37 FEET TO A POINT OF TANGENCY; THENCE S 89043'50" E FOR 116.77 FEET TO A POINT OF CURVATURE; THENCE 109.63 FEET ALONG THE ARC OF A CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 70.00 FEET AND SUBTENDED BY A CHORD HAVING A BEARING OF S 44°51,'55" E AND A LENGTH OF 98.76 FEET TO A POINT; THENCE SOUTH FOR 90.34 FEET TO THE POINT OF BEGINNING; CONTAINING 1.87 ACRES MORE OR LESS. LESS AND EXCEPT THE FOLLOWING: BEGINNING FOR THE SAME AT AN IRON PIN FOUND AT THE SOUTHEAST CORNER OF SAID LOT 58 AND RUNNING THENCE ALONG THE SOUTH LINE OF LOT 58, N 89°43'50" WEST 100 FEET TO AN IRON PIN NOW SET, THENCE RUNNING SO AS TO INCLUDE A PART OF LOT 58, NORTH 208.11' TO AN IRON PIN NOW SET~ ...... SAID PIN BEING ON THE SOUTHERLY LINE OF CONSTITUTION DRIVE, ~ THENCE S 89043'50" EAST 30.33' TO AN IRON PIN FOUND, THENCE ALONG THE ARC OF A CURVE TO THE RIGHT, WHOSE RADIUS IS 70.00' (CHORD BEARING S 44°51'55" EAST 98.76') AN ARC DISTANCE OF 109.63' TO AN IRON PIN FOUND, THENCE SOUTH 138.44' TO THE PLACE OF BEGINNING, AS DESCRIBED IN THAT DOCUMENT RECORDED IN OR BOOK 1333, PAGE 1511 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO NUMBER: 61838600006 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full Satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ,2000. ATTEST: DWIGHT E. BROCK, CLERK /,.x-- ary Assistant County Attorney 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 TIMOTHY J. CONSTANTINE, CHAIRMAN This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Lien against: Ronald L Williamson Whose mailing address is: 866 103RD Ave N Naples, FL 33963 2401 Francis Ave Naples, FL The Lien was recorded on 13t~ day of May, 1994, in Official Record Book 001947, Page(s) 000650, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Seven Thousand Eight Hundred Forty Dollars and No Cents ($7,840.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOTS 33, 34, 35, AND 36, BLOCK B, NAPLES COMMERCIAL CENTER, FIRST ADDIDTION, ACCORDING TO PLAT THEREOF FOUND IN PLAT BOOK 8, PAGE 3, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO NUMBER: 61631280005 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full Satisfaction of the Lien and hereby cancelt the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ,2000. A'I-rEST: DWIGHT E. BROCK, CLERK R(~be'~Z'a~h a ry Assistant County Attorney 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 TIMOTHY J. CONSTANTINE, CHAIRMAN EXECUTIVE SUMMARY AUTHORIZATION TO EXECUTE SATISFACTION OF LIEN DOCUMENT FILED AGAINST REAL PROPERTY FOR ABATEMENT OF NUISANCE AND DIRECT THE CLERK OF COURTS TO RECORD SAME IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA OBJECTIVE: Authorization to execute satisfaction of lien documents filed against real property for abatement of nuisance and direct the Clerk of Courts to record same in the public records of Collier County, Florida. CONSIDERATION: Authorize the filing of a Lien, for the purpose of receiving compensation for nuisance of abatement on the real property described as follows: SEE EXHIBIT "A" Said Lien was recorded in Official Record Book of the Public Records of Collier County, Florida. The owner of said property has paid to the Board of County Commissioners the sum representing full payment of principal and interest due under said Lien. Collier County has verified that said Lien has been satisfied and now requests Satisfaction of Lien document and order the Clerk of Courts to record same in the public Records of Collier County, Florida. FISCAL IMPACT: Recording the satisfaction of lien is approximately $6.00 and will be charged to MSTD General Fund - Code Enforcement Admin. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners authorize the Chairman to execute the attached Satisfaction of Lien document filed against real property for abatement of nuisance and direct the Clerk of Courts to record same in the Public Records of Collier County, Florida. SUBMITTED BY: Ga~ R. M~o, S6flU Waste Reven~upe~isor SoF~te Dept. Te~A. Riesen,~olid W~te Revenue Manager Solid W~te Dept. ~E~D BY: ~ George G. Yilmaz, Interim Solid Waste Director APPROVED BY: Sol'd.~~e D~ Z, ? ~rd'~q. F in~,t~l/Ad n~strator C~Public Utilities DivTsion Date: 2 ' //- ff~] EXHIBIT "A" 1. Thomas Combs, Folio # 57210160000, Lot 2, BIk 221, Unit 5, Marco Beach subdivision This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 57210160000 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Thomas Combs 1946 San Marco Rd 'Marco Island, FL' 34145 The Lien was recorded on September 4th, 1998, in Official Record Book 2458 page 1434 in the Office of the Clerk of the Circuit Court of Collier Coumy, State of Florida. The Lien secures the principal sum of Two Hundred Forty Five Dollars and No Cents ($245.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 2, BLOCK 221, MARCO BEACH UNIT FIVE A SUBDIVISION Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2000. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA Approved as to form and legal sufficiency By: TIMOTHY J. CONSTANTINE, CHAIRMAN EXECUTIVE SUMMARY AUTHORIZATION BY THE BOARD OF COUNTY COMMISSIONERS AS THE GOVERNING BODY OF COLLIER COUNTY, FLORIDA, AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, THE GOODLAND WATER DISTRICT, AND THE MARCO WATER AND SEWER DISTRICT, APPROVING THE SPECIAL ASSESSMENT HARDSHIP DEFERRALS FOR CERTAIN SEWER SPECIAL ASSESSMENTS FOR THE 2000 TAX YEAR. OBJECTIVE: That the Board of County Commissioners as the Governing Body of Collier County and Ex-Officio the Governing Board of the Collier County Water-Sewer District the Goodland Water and the Marco Island Water and Sewer District approve the deferment of sewer assessments pursuant to the hardship program that was adopted in the year 1994. CONSIDERATIONS: On March 8, 1994 the Board of County Commissioners adopted an assessment hardship program that provides annual assistance for property owners who are living below poverty level and who are at risk of losing title to their homes as a result of sewer assessments. Staff reviewed the applications and determined the deferred portion according to the Federal Poverty Guidelines and other specific criteria set by the Board. The deferred amount will not appear on the 2000 tax bills but only the remaining portion if any. Each property owner must renew his/her application on a annual basis. Property owners who qualified are identified as follows: Project Account Number Deferred Amount Percent of Deferral 51000 212157 $1035.61 100% 51000 219053 $ 241.56 100% 51000 230605 $ 273.93 90% 51000 255651 $ 253.64 70% 51000 301408 $ 454.13 100% 51000 329956 $ 282.63 90% 51000 337359 $ 217.40 90% 51000 361655 $ 169.09 70% 51000 379304 $ 276.14 100% 51000 401256 $ 241.56 100% 51000 406808 $ 362.34 100% 51000 450508 $ 297.81 70% Project Account Number Deferred Amount 51000 450854 $ 386.49 54000 495754 $ 242.86 Percent of Deferral 100% 5O% The County Attorneys office has reviewed this for legal sufficiency. FISCAL IMPACT: The fiscal impact of the proposed deferral for 2000 is $4735.19. Sufficient funds are available in the Collier County Water-Sewer District debt service fund to ensure compliance with current debt service requirements. The record cost of this resolution in the public records will amount to approximately $21.00 and will be charged to County water sewer operating administration account. GROVVTH MANAGEMENT IMPACT: None. RECOMMENDATION: The Revenue Services Director recommends that the Board of County Commissioners, Governing Body of Collier County and Ex-Officio the Governing Board of the Collier County Water-Sewer District, the Goodland Water District, and the Marco Water and Sewer District approve the 2000 sewer assessment deferrals and authorize staff to make appropriate adjustments to the assessment rolls prior to tax bills being issued and adopt the attached Resolution. AGENDA DATE: August 1,2000 PREPARED BY: .A.. o.,,,~ ~ c~'.,.,.:~ Date Pam Callis,~e~ial Assessment Revenue Supe~isor Solid W~e Depa~ment /"'., ~ ~L~ Date REVIEWED BY: Teresa ~iesen, Solid Waste Revenue Manager Solid Waste Depa~ment REVIEWED BY: ~-------------'"'"',*"-- George G. Yilmaz, Interim Director Solid Waste Dej;:za!tment Ed~'waFd N. Finn, Interim A"dministrator Public Utilities Division Date Date 1 2 3 4 5 6 7 8 9 lO ll 12 I3 14 15 16 17 18 19 20 RESOLUTION NO. 2000-__ RESOLUTION NO. CWS-2000- RESOLUTION NO. MWS-2000- RESOLUTION NO. GWD-2000- RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS AS THE GOVERNING BODY OF COLLIER COUNTY, FLORIDA AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, THE GOODLAND WATER DISTRICT AND THE MARCO WATER AND SEWER DISTRICT APPROVING THE SPECIAL ASSESSMENT HARDSHIP DEFERRALS FOR CERTAIN WATER AND/OR SEWER SPECIAL ASSESSMENTS FOR THE 2000 TAX YEAR. WHEREAS, the Board of County Commissioners in its individual capacity 2] as the Governing Body of Collier County, Florida, and as Ex-Officio the 22 Governing Board of the Collier County Water-Sewer District, the Goodland Water -*3 District and the Marco Water and Sewer District (hereinafter referred to as the 24 "Board") established by Resolutions No. 96-358, No. CWS-96-9, No. MWS-96-2 25 and No. GWD-96-2 a program for the deferrals of special assessments for water 26 and/or sewer improvements for homeowners who qualify under said Resolutions; 27 and 28 WHEREAS, Section Eight of said Resolutions provides that the Board 29 shall approve by resolution the special assessment hardship deferrals which 30 shall include the property owner's name, mailing address, legal description of the ~] property, property folio number, the name of the special assessment district, account number and the amount of the annual special assessment payment being deferred. 34 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA AS THE GOVERNING BODY OF COLLIER COUNTY, AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, THE GOODLAND WATER DISTRICT AND THE MARCO WATER AND SEWER DISTRICT THAT: 40 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 this 1. The owners identified on Exhibit "A" have been approved for the special assessment hardship deferral. 2. This Resolution shall be recorded in the Public Records of Collier County, Florida. 3. This Resolution shall become effective immediately upon its adoption. THIS RESOLUTION ADOPTED after motion, second and majority vote __ day of ,2000. ATTEST: DWIGHT E. BROCK, Clerk Approved as to form and legal sufficiency: Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA AS THE GOVERNING BODY OF COLLIER COUNTY, AND AS EX~OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, THE GOODLAND WATER DISTRICT AND THE MARCO WATER AND SEWER DISTRICT By: TIMOTHY J. CONSTANTINE, CHAIRMAN 2 EXECUTIVE SUMMARY A RESOLUTION APPROVING THE SATISFACTION OF LIENS FOR CERTAIN RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED IN FULL FOR THE 1991 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS OBJECTIVE: That the Board of County Commissioners adopt a Resolution approving the Satisfaction of Liens for certain residential accounts where the County has received payment in full for the 1991 Solid Waste Collection and Disposal Services Special Assessments. CONSIDERATIONS: Resolution No. 93-29 adopted by the Board on January 26, 1993 provided for the recording of the list of 1991 delinquent solid waste collection and disposal services special assessments and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 93-29 was recorded on February 1, 1993 in Official Record Book 1793, Pages 459 through 598 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1991 Solid Waste Collection and Disposal Services Special Assessments. Collier County Ordinance No. 90-30, as amended, provides that Satisfaction of Liens shall be approved by Resolution of the Board of County Commissioners. The attached Resolution lists the 3 accounts that have paid in full for the 1991 Solid Waste Collection and Disposal Services Special Assessment Liens. FISCAL IMPACT: The fiscal impact for recording the Satisfaction of Liens and the Resolution is approximately $24.00 which is to be charged to Public Utilities/Mandatory Solid Waste. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That that Board of County Commissioners adopt the attached Resolution approving the 3 Satisfaction of Liens for the accounts listed in the Resolution and authorizing the Chairman to sign these 3 Satisfaction of Liens for the 1991 Solid Waste Collection and Disposal Services Special Assessment Liens. Reviewed by: Reviewed by: Approved by: Date: Pam Callis, Special Assessments Revenue Super-visor Solid W.~e/E)epa rt/m~nt ,,/////Z,~ ~- /- f/'-'-- Date: Teresa'A. Riesen, Solid Waste Revenue Manager Solid Waste Department ~"~'~-- ~ Date: George G. Yilmaz, Interim Solid Waste Director Solid Waste Department ,~'dwalrd N. F~nn,,!l~erim Administrator Public Utilities Division Date: 1 RESOLUTION NO. 2000 -~ A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 199t SOLID WASTE COLLECTION AND DISPOSAL ? SERVICES SPECIAL ASSESSMENTS s WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board 9 of County Commissioners on January 26, 1993 adopted Resolution No. 93-29 authorizing ]0 the recording of notices of liens for the delinquent solid waste collection and disposal ]] services special assessments for 1991; and ]:2 WHEREAS, Resolution No. 93-29, was recorded on February 1, 1993 in Official 23 Record Book 1793, Pages 459 through 598 of the Official Records of Collier County, ]4 Florida, which placed a lien on certain properties for the delinquent solid waste collection ]5 and disposal services special assessments for 1991; and ]6 WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to ]? approve by Resolution and record in the Official Records a Satisfaction of Liens on all t8 accounts that have been paid in full. 19 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 20 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County 2] Ordinance No. 90-30, as amended, the Board recognizes full payment and receipt of the :22 1991 Service Year Solid Waste Collection and Disposal Special Assessments for the :23 following accounts numbered below, subsequent to the adoption of Resolution No. 93-29, :24 whereupon a lien had been recorded on real property pertaining to the accounts identified 25 herein. The Satisfactions of Lien attached hereto referencing the accounts identified 26 herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the 27 Board of County Commissioners, and the Clerk is directed to record this Resolution and 28 these Satisfactions of Lien individually in the official records of Collier County: 29 30 31 32 33 34 35 __ day of 36 37 38 39 40 4] BY: Account No. 75501 Account No. 22800 Account No. 23003 This Resolution adopted this second and majority vote ATTEST: DWIGHT E. BROCK, CLERK 42 43 Approved as to form and 44 legal sufficiency: 47,~ David C.-/~N~gel 48/J County Attomey ,2000 after motion, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TIMOTHY J. CONSTANTINE, CHAIRMAN This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774- 8400 Property Folio No. 62104000009 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Mary Flores Esteban Paita 5413 Catt St Naples, FL 33962-0000 The Lien was recorded on the 19th day of September, 1994, in Official Record Book 1986, Pages 766_through 942, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Ninety Nine Dollars and Seventy Two Cents ($99.72) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NAPLES MANOR ADD BLK 14 LOTS 33 + 34. Folio No. 62104000009 Project No. 60000 Account No. 75501 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ,2000. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal._LS~lciency BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: TIMOTHY J. CONSTANTINE, CHAIRMAN This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774- 8400 PropertyFolio No. 25631040003 SATISFACTION OF LI.E.,N KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Leonard Wisniewski 2630 35thAve NE Naples, FL 34120 The Lien was recorded on the 19th day of September, 1994, in Official Record Book 1986, Pages 766.through 942, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Four Dollars and No Cents ($204.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: CARSONS ADD BLK 9 LOT 3. Folio No. 25631040003 Project No. 60000 Account No. 22800 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ,2000. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:. TIMOTHY J. CONSTANTINE, CHAIRMAN This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attomey 3301 East Tamiami Trail Naples, Florida 34112 (941) 774- 8400 Property Folio No. 26083520002 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Janet M. Brown P.O. Box 1679 LaBelle, FL 33935-0000 The Lien was recorded on the 19th day of September, 1994, in Official Record Book 1986, Pages 766_through 942, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Ninety Nine Dollars and Seventy Two Cents ($99.72) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: CHOKOLOSKEE 36 53 29 LOT DES IN DB 24 PG 508 NOW DB 41 PG 151, LESS OR 633 PG 748 OR 1161 PG 1755 AND OR 1272-1768. Folio No. 26083520002 Project No. 60000 Account No. 23003 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ,2000. A-I'TEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: TIMOTHY J. CONSTANTINE, CHAIRMAN EXECUTIVE SUMMARY A RESOLUTION APPROVING THE SATISFACTION OF LIENS FOR CERTAIN RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED IN FULL FOR THE 1992 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS OBJECTIVE: That the Board of County Commissioners adopt a Resolution approving the Satisfaction of Liens for certain residential accounts where the County has received payment in full for the 1992 Solid Waste Collection and Disposal Services Special Assessments. CONSIDERATIONS: Resolution No. 94-668 adopted by the Board on September 13, 1994 provided for the recording of the list of 1992 delinquent solid waste collection and disposal services special assessments and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 94-668 was recorded on September 19, 1994 in Official Record Book 1986, Pages 766 through 942 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1992 Solid Waste Collection and Disposal Services Special Assessments. Collier County Ordinance No. 90-30, as amended, provides that Satisfaction of Liens shall be approved by Resolution of the Board of County Commissioners. The attached Resolution lists the 3 accounts that have been paid in full for the 1992 Solid Waste Collection and Disposal Services Special Assessment Liens. FISCAL IMPACT: The fiscal impact for recording the Satisfaction of Liens and the Resolution is approximately $24.00 which is to be charged to Public Utilities/Mandatory Solid Waste. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the 3 Satisfaction of Liens on the accounts listed in the Resolution and authorizing the Chairman to sign the 3 Satisfaction of Liens for the 1992 Solid Waste Collection and Disposal Services Special Assessment Lien. Prepared By: ~~__.~,_ 0 ~ Pam Callis~ ~cial Assessments Revenue.~Upervisor Solid V~st.e Department Prepared by: ///~ '~ --- TereSa ~ Riesen, Solid Waste Revenue ~anager Solid WasCe Department Reviewed by: ~~ ~ bv~oJJ~/~ Z, Interim S~ Waste Director Approved . , E~r~N. Fi~' I~rim~inistrator Public Utilities Division Date: ~-~.~.~ Date: .-7-' //~'~u~J AUG g I 2{ 11 J 'i 1 2 3 4 5 6 7 8 9 lO RESOLUTION NO. 2000 - A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1992 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS ]] WHEREAS, pursuant to Collier County Ordinance NO. 90-30, as amended, the 12 Board of County Commissioners on september 19, 1994 adopted Resolution No. ]3 94-668 authorizing the recording of notices of liens for the delinquent solid waste 14 collection and disposal services special assessments for 1992; and 15 WHEREAS, Collier County Ordinance NO. 90-30, as amended, requires the Board ]6 to approve by Resolution and record in the Official Records a Satisfaction of Lien on ]? all accounts that have been paid in full. ]8 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNT~ COMMISSIONERS OF ]9 COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as 20 amended, the Board recognizes full payment and receipt of the 1992 Service Year 21 Solid Waste Collection and Disposal Special Assessment for the following accounts 22 numbered below, subsequent to the adoption of Resolution NO. 94-668, whereupon 23 a lien had been recorded on real property pertaining to the accounts identified 24 herein. The Satisfactions of Lien a~cached hereto referencing the accounts 25 identified herein are herebv approved and the chairman is hereby authorized to 26 sign on behalf of the Board of county Commissioners, and the Clerk is directed to 27 record this Resolution and these Satisfactions of Lien individually in the official 28 records of Collier County: 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Account NO. 29557 Account NO. 152783 Account NO. 29803 This ReSOlUtion adopted this second and majority vote. day of ,2000 after motion, ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: TIMOTHY J. CONSTANTINE, CHAIRMAN 4~'~David C,~/~igel 50 v County Attorney 51 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774- 8400 Property Folio No. 25631040003 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Leonard Wisniewski 2630 35th Ave NE Naples, FL 34120 The Lien was recorded on the 19th day of September, 1994, in Official Record Book 1986, Pages 766 through 942, in the Office of the Clerk of the Circuit Court of Collier County; State of Florida. The Lien secures the principal sum of Two Hundred Six Dollars and Four Cents ($206.04) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: CARSONS ADD BLK 9 LOT 3. Folio No. 25631040003 Project No. 61000 Account No. 29557 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ,2000. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:, TIMOTHY J. CONSTANTINE, CHAIRMAN This instrument prepared by: Robed Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774- 8400 Property Folio No. 62104000009 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Mary Flores Esteban Paita 5413 Catt St Naples, FL 33962-0000 The Lien was recorded on the 19th day of September, 1994, in Official Record Book 1986, Pages 766.through 942, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Dollars and Seventy Four Cents ($100.74) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NAPLES MANOR ADD BLK 14 LOTS 33 + 34 OR 1316 PG 1946. Folio No. 62104000009 Project No. 61000 Account No. 152783 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ,2000. ATTEST: DWIGHT E. BROOK, CLERK Approved as to form and~ciency BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:. TIMOTHY J. CONSTANTINE, CHAIRMAN This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774- 8400 Property Folio No. 26083520002 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Janet M. Brown P.O. Box 1679 LaBelle, FL 33935-0000 The Lien was recorded on the 19th day of September, 1994, in Official Record Book 1986, Pages 766'through 942, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Dollars and Seventy Four Cents ($100.74) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: CHOKOLOSKEE 36 53 29 LOT DES IN DB 24 PG 508 NOW DB 41 PG 151, LESS OR 633 PG 748 OR 1161 PG 1755 AND OR 1272-1768. Folio No. 26083520002 Project No. 61000 Account No. 29803 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ,2000. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and//~_~J~ciency BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:. TIMOTHY J. CONSTANTINE, CHAIRMAN EXECUTIVE SUMMARY APPROVAL AND EXECUTION OF SATISFACTIONS OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEES OBJECTIVE: Approval and execution of satisfactions of notice of promise to pay and agreement to extend payment of water and/or sewer system impact fees CONSIDERATIONS: The Governing Body of Collier County and as Ex-Officio the Governing Board of the Collier County Water/Sewer District of Collier County, Florida, is the owner and holder of the Notice of Promise to Pay and Agreement to Extend Payment of Water and/or Sewer System Impact Fees (Agreement) executed by: SEE ATTACHED EXHIBIT A Full payment and satisfactions of these agreements have been made. The County Attorney's Office has reviewed and approved the satisfactions. FISCAL IMPACT: Payment in full of these Agreements increases the cash flow in Collier County's water impact fee fund by $0.00 and the sewer impact fee fund by $64,537.98. The fiscal impact for recording the Satisfaction of Liens is approximately $166.50, which is to be charged to the Public Utilities - Finance. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners authorize the chairman to execute each satisfaction. To acknowledge full payment and the satisfactions of these agreements and to surrender the same as canceled, and to direct the Clerk of Circuit Court of Collier County to cancel the same of record. Prepared b;: -'- '~:~.~, C20_Q~4~-- Pam Callis, Special Assessment Revenue Supervisor Solid Waste Dept. /t * Reviewed by: ~/i'77¢':?-' ~;/'. ,,~'---'~-----~- ...... Teresa A. Riesen, Solid Waste Revenue Manager Solid Waste Dept. Date: Date: Reviewed by: ~-------------:~.--~~ George G. Yilmaz, Interim Solid Waste Director Solid W.._aste Dept. Approved b~~ ' '7/~ (,_Edward N. F~nn, Interim AdnSinistrator Public Utilities Division EXHIBIT A o o 10. 11, Alligator Auto Sales, Inc., a Florida Corporation, securing the principal balance of three thousand nine hundred twenty dollars and no cents ($3,920.00) plus accrued interest. Joseph A. Arciere and Ann Marie Arciere, husband and wife securing the principal balance of one thousand nine hundred sixty dollars and no cents ($1,960.00) plus accrued interest. Justine D. Batten, a widow securing the principal balance of two thousand three hundred sixty-three dollars and eighteen cents ($2,363.18) plus accrued interest. Miguel Chavez securing the principal balance of one thousand nine hundred twenty nine dollars and nineteen cents ($1,929.19) plus accrued interest. Lee R. Chosewood and Sara E. Chosewood, husband and wife, securing the principal balance of one thousand two hundred sixty dollars and five cents ($1,260.05) plus accrued interest. CLV Properties Inc., a Florida Corporation, securing the principal balance of eleven thousand seven hundred sixty dollars and no cents ($11,760.00) plus accrued interest. Leland E. David, a married man and Gregory A. David, a single man, as tenants in common, securing the principal balance of one thousand five hundred dollars and seventy five cents ($1,500.75) plus accrued interest. Jimmy Doria and Aurora Doria, husband and wife, securing the principal balance of one thousand five hundred dollars and seventy five cents ($1,500.75) plus accrued interest. Vernon R. Duncklee and Ellen Duncklee, husband and wife, securing the principal balance of eight thousand eight hundred dollars and no cents ($8,800.00) plus accrued interest. Rodney Dykes, securing the principal balance of three thousand twenty one dollars and ninety one cents ($3,021.91) plus accrued interest. Catherine J. Fenn and Floyd R. Fenn, securing the principal balance of one thousand one hundred eighty dollars and no cents ($1,180.00) plus accrued interest. 12. Robert Clark Gaede and Roberta Jane Gaede Little, as tenants in common, securing the principal balance of three thousand nine hundred twenty dollars and no cents ($3,920.00), plus accrued interest. 13. Michael G. Heiser and Sheri L. Heiser, husband and wife, securing the principal balance of one thousand two hundred sixty dollars and five cents ($1,260.05), plus accrued interest. 14. Frank Kirby, Jr., a married man, securing the principal balance of one thousand hundred sixty dollars and five cents ($1,260.05), plus accrued interest. 15. Bonnie L. Kozel, an unmarried person, securing the principal balance of one thousand five hundred dollars and seventy five cents ($1,500.75), plus accrued interest. 16.Anastacio Lugo and Bianca Aguilar Lugo, husband and wife, securing the principal balance of one thousand two hundred sixty dollars and five cents ($1,260.05), plus accrued interest. 17.Abelardo Martinez, a single person, securing the principal balance of one thousand five hundred dollars and seventy five cents ($1,500.75), plus accrued interest. 18. Harry R. Nichols, Jr., and Sharlie E. Nichols, husband and wife, securing the principal balance of five thousand five hundred seventy five dollars and no cents ($5,575.00), plus accrued interest. 19. Richard J. Sawyer, a single man and Karen M. Lane, a single woman, securing the principal balance of one thousand five hundred dollars and seventy five cents ($1,500.75), plus accrued interest. 20. Fernando Valdes and Julia Valdes, husband and wife, securing the principal balance of one thousand five hundred dollars and seventy-five cents ($1,500.75) plus accrued interest. 21. Graciela Vaughan, securing the principal balance of one thousand one hundred eighty dollars and no cents ($1,180.00) plus accrued interest. 22. Harold V. Warden and Guadalupe Warden, husband and wife, securing the principal balance of one thousand two hundred sixty dollars and five cents ($1,260.05) plus accrued interest. 23. Peter V. Weeks, Jr., a single person, securing the principal balance of one thousand two hundred sixty dollars and five cents ($1,260.05) plus accrued interest. 24. Thomas J. Zenz and Susan L. Zenz, husband and wife, securing the principal balance of two thousand three hundred sixty three dollars and ninety cents ($2,363.90), plus accrued interest. Prepared by: · Robert Zachary .~-'~-~ Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: Alligator Auto Sales, Inc., a Florida Corporation 2303 Kirkwood Avenue Na151es, FL Bearing the date of the 22n~ day of June, 1993, recorded in Official Record Book 001839 Page(s) 000299, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of Three Thousand Nine Hundred Twenty Dollars and No Cents ($3,920.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 25, AVONDALE ESTATE, A RECORDED IN PLAT BOOK 4, PAGE 44, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO NUMBER: 22720720004 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2000. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT TIMOTHY J. CONSTANTINE, CHAIRMAN I AUG ra12fJr ,O Prepared by: ~ Robert Zachary //d.~ Assistant County Attorhey Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: Joseph A. Arciere and Ann Marie Arciere, husband and wife 2400 Kirkwood Avenue Naples, FL Bearing the date of 13~ day of April, 1993, recorded in Official Record Book 1816 Page(s) 000089, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of One Thousand Nine Hundred Sixty Dollars and No Cents ($1,960.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 43, AVONDALE ESTATES, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 4, PAGE 45, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO NUMBER: 22721360007 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2000. A'CrEST: DWIGHT E. BRO~K, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFIClO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT TIMOTHY J. CONSTANTINE, CHAIRMAN Prepared by: ~ Robert Zachary I~,.._ ~ Assistant County Attorfiey Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: Justine D. Batten, a widow 1099 San Remo Avenue Naples, FL Bearing the date of 25t~ day of February, 1992, recorded in Official Record Book 1690 Page(s) 001850, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of Two Thousand Three Hundred Sixty Three Dollars and Eighteen Cents ($2,363.18), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Flodda, described as follows: LOT 41, SUNRISE VILLAS, AS PER PLAT THEREOF RECORDED IN PLAT BOOK 8, PAGE 75, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO NUMBER: 75561640002 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2000. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT TIMOTHY J. CONSTANTINE, CHAIRMAN AUG 0 1 I Prepared by: .~....._~ Robert Zachar~ ! d_ //' Assistant County Attomey Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: Miguel Chavez 5326 Hardee Street Naples, FL 33962 Bearing the date of the 20t~ day of March, 1995, recorded in Official Record Book 2040 Page(s) 2189, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of One Thousand Nine Hundred Twenty Nine Dollars and Nineteen Cents ($1,929.19), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 7, BLOCK 7, NAPLES MANOR ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 3, PAGES 67 AND 68, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO NUMBER: 62094400007 Collier County, a political subdivision of the State of Flodda, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2000. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT TIMOTHY J. CONSTANTINE, CHAIRMAN Prepared by: ~ Robert Zachary /~.~ Assistant County Attorney Office of County Attomey 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: Lee R. Chosewood and Sara E. Chosewood husband and wife 5563 Collins Road Naples, FL Bearing the date of the 10"~ day of September, 1993, recorded in Official Record Book 1864 Page(s) 001894, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of One Thousand Two Hundred Sixty Dollars and Five Cents ($1,260.05), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 4, BLOCK 5, NAPELS MANOR EXTENSION, ACCORDING TO THE REPLAT THEREOF RECORDED IN PLAT BOOK 3, PAGE 101, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO NUMBER: 62203040009 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2000. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFIClO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT TIMOTHY J. CONSTANTINE, CHAIRMAN Prepared by: ~ Robert Zachary ( d. ~ Assistant County AffSrney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFIClO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: CLV Properties Inc., a Florida corporation 3047 Terrace Avenue N~ples FL Bearing the date of the 17t~ day of August, 1993, recorded in Official Record Book 1857 Page(s) 000669, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of Eleven Thousand Seven Hundred Sixty Dollars and No Cents ($11,760.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOTS 13 AND 14, BLOCK B, ROCK CREEK SUBDIVISION, AS RECORDED IN PLAT BOOK 1, PAGE 79, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO NUMBER: 70721320002 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2000. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT TIMOTHY J. CONSTANTINE, CHAIRMAN Prepared by: ~ Robert Zachary /~.~ Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: Leland E. David, a married man and Gregory A. David, a single man, as tenants in common. 3330 Timberwood Circle - Naples, FL Bearing the date of the 14"' day of December, 1993, recorded in Official Record Book 001895 Page(s) 000800, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of One Thousand Five Hundred Dollars and Seventy Five Cents ($1,500.75), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: DESCRIPTION OF PARCEL 3330 PART OF THE SOUTH HALF OF THE NORTH HALF OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 13, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTH HALF OF THE NORTH HALF OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 13, SAID POINT BEING A POINT ON THE WESTERLY LINE OF A 100' COLLIER COUNTY CANAL RIGHT-OF-WAY; THENCE SOUTH 89° 26' 31" EAST ALONG THE SOUTHERLY LINE OF SAID SOUTH HALF OF THE NORTH HALF OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 13, A DISTANCE OF 488.44 FEET: THENCE LEAVING SAID SOUTHERLY LINE NORTH 0° 33' 29" EAST 21.00 FEET TO THE POINT OF BEGINNING OF PARCEL 3330 HEREIN BEING DESCRIBED; THENCE CONTINUE NORTH 0° 33' 29" EAST 31.04 FEET; THENCE SOUTH 89° 26' 31" EAST 51.25 FEET; THENCE SOUTH 0° 33' 29" WEST 31.04 FEET; THENCE NORTH 89° 26' 31" WEST 51.25 FEET TO THE POINT OF BEGINNING OF PARCEL 3330 HEREIN DESCRIBED; CONTAINING 1591 SQUARE FEET OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. FOLIO NUMBER: 00258440001 AU6 0 1i i _.j Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Flodda, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2000. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT TIMOTHY J. CONSTANTINE, CHAIRMAN Prepared by: ~ Robert Zachar~ ~ '~ Assistant County Attorhey Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: Jimmy Doria and Aurora Doda, husband and wife 35 Colonial Drive Naples,. FL Bearing the date of the 23r" day of March, 1993, recorded in Official Record Book 1808 Page(s) 001750, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of One Thousand Five Hundred Dollars and Seventy Five Cents ($1,500.75), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Flodda, described as follows: LOT 25, TURNER OAK HILL ESTATES, INC., ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 9, PAGE 114, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO NUMBER: 77820760003 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Flodda, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2000. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT TIMOTHY J. CONSTANTINE, CHAIRMAN AU6 0 I Z"' Prepared by: / Robert Zachary/~.'~ Assistant County Attbrney OfFice of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: Vernon R. Duncklee and Ellen Duncklee, Husband and Wife 3625 Poinsettia Avenue Naples, FL Bearing the date of the 21't day of January, 1992, recorded in Official Record Book 1681 Page(s) 001784, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of Eight Thousand Eight Hundred Dollars and No Cents ($8,800.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOTS 12, 13, AND 14, BLOCK G, NAPLES VILLAS, WITH IMPROVEMENTS THEREON, ACCORDING TO PLAT THEREOF AS RECORDED IN PLAT BOOK 4, PAGE 7, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO NUMBER: 63504400004 - 3616 POINSETTIA ST, NAPLES, FL FOLIO NUMBER: 63504360005 - 3633 POINSETTIA ST, NAPLES, FL Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2000. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT TIMOTHY J. CONSTANTINE, CHAIRMAt Prepared by: ~ Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: Rodney Dykes Whose mailing address is 3049 Van Buren Avenue Na'ples,' Florida 33962 Bearing the date of the 13~ day of February, 1995, recorded in Official Record Book 2032 Page(s) 0383, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of Three Thousand Twenty One Dollars and Ninety One Cents ($3,021.91), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOTS 21 AND 22, KELLY PLAZA, ACCORDING TO PLAT IN PLAT BOOK 3, PAGE 95, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO NUMBER: 52700800008 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ., 2000. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT TIMOTHY J. CONSTANTINE, CHAIRMAN Prepared by: ~ Robert Zachary ~ /~ Assistant County Attdmey Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: Catherine J Fenn and Floyd R Fenn, her husband, tenants by the entireties Whose mailing address is 29=1 Islamorada Lane Naples, FL 34114 Bearing the date of the 6"~ day of July, 1999, recorded in Official Record Book 2571 Page(s) 1733, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of One Thousand One Hundred Eighty Dollars and No Cents ($1,180.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: UNIT NO. 221, WEST WIND MOBILE HOME ESTATES, A CONDOMINIUM, ACCORDING TO THE DECLARATION OF CONDOMINIUM RECORDED IN OFFICIAL RECORDS BOOK 630 AT PAGES 1883 THROUGH 1932 INCLUSIVE OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, TOGETHER WITH ALL APPURTENANCESTO THE UNIT INCLUDING THE UNDIVIDED COMMON ELEMENTS AND LIMITED COMMON ELEMENTS RESERVED FOR EACH UNIT THEREIN. FOLIO NUMBER: 81628840001 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as E~-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2000. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT TIMOTHY J. CONSTANTINE, CHAIRMAN Prepared by: ~ Robe. Zachary. [.~mmT. Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX~OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: Robert Clark Gaede and Roberta Jane Gaede Little, as tenants in common 2795 Tamiami Trail East Naples, FL Bearing the date of the 20~ day of July, 1993, recorded in Official Record Book 1847 Page(s) 002089, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of Three Thousand Nine Hundred Twenty Dollars and No Cents ($3,920.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: BEING A PART OF LOT NO. 1 AND A PART OF THE EXCEPTED PARCEL AS SHOWN ON PLAT OF CO-LEE-CO COURT SUBDIVISION RECORDED IN PLAT BOOK 2, PAGE 89, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT NO.1; THENCE WITH THE NORTHEAST RIGHT-OF-WAY LINE OF THE TAMIAMI TRAIL NORTH 51 DEGREES 58 MINUTES WEST, A DISTANCE OF 200.0 FEET; THENCE NORTH 38 DEGREES 02 MINUTES EAST, A DISTANCE OF 125.0 FEET; THENCE NORTH 76 DEGREES 46 MINUTES EAST, A DISTANCE OF 20.0 FEET; THENCE SOUTH 49 DEGREES 49 MINUTES EAST, A DISTANCE OF 80.0 FEET TO THE EAST LINE OF LOT NO. 1; THENCE SOUTH A DISTANCE OF 175.0 FEET TO THE POINT OF BEGINNING. THE BEARINGS HEREIN ARE BASED ON AN ASSUMED NORTH BEARING ON THE EAST LINE OF LOT. NO. 1. FOLIO NUMBER: 26780080007 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Flodda, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2000. ATI-EST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFIClO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT TIMOTHY J. CONSTANTINE, CHAIRMAN Prepared by: ~ Robert Zachary /(.-..'-~ Assistant County Attorfiey Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: Michael G. Heiser and Sheri L. Heiser, husband and wife 3261 Lakeview Drive Naples, FL Bearing the date of the 25~h day of March, 1993, recorded in Official Record Book 1809 Page(s) 001549, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of One Thousand Two Hundred Sixty Dollars and Five Cents ($1,260.05), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOTS 10 AND 11, BLOCK 6, GULF SHORES, ACCORDING TO PLAT IN PLAT BOOK 4, PAGE 50, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO NUMBER: 48174200002 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2000. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT TIMOTHY J. CONSTANTINE, CHAIRMAN Prepared by: ~ Robed Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: Frank Kirby, Jr., a married man 3238 Andrews Avenue Naples, FL Bearing the date of 8th day of October, 1993, recorded in Official Record Book 1873 Page(s) 000571, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of One Thousand Two Hundred Sixty Dollars and Five Cents ($1,260.05), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 81, HALLENDALE SUBDIVISION, AS RECORDED IN PLAT BOOK 4, PAGE 25, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO NUMBER: 48783000004 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2000. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT TIMOTHY J. CONSTANTINE, CHAIRMAN Prepared by: ~ Robert Zachary[~ ~ Assistant County Atto'mey Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: Bonnie L. Kozel, an unmarried person 3392 Timberwood Circle Naples, FL 34105-5630 Bearing the date of the 14~ day of October, 1993, recorded in Official Record Book 1875 Page(s) 000509, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of One Thousand Five Hundred Dollars and Seventy Five Cents ($1,500.75), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: PART OF THE SOUTH HALF OF THE NORTH HALF OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 13, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICURLARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTH HALF OF THE NORTH HALF OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 13, SAID POINT BEING A POINT ON THE WESTERLY LINE OF A 100' COLLIER COUNTY CANAL RIGHT-OF- WAY. THENCE SOUTH 89°26'31" EAST ALONG THE SOUTHERLY LINE OF SAID SOUTH HALF OF THE NORTH HALF OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 13, A DISTANCE OF 100.05 FEET TO AN INTERSECTION WITH THE EASTERLY LINE OF SAID CANAL RIGHT-OF-WAY, THENCE CONTINUE SOUTH 89°26'31" EAST ALONG SAID SOUTHERLY LINE, A DISTANCE OF 789.84 FEET; THENCE LEAVING SAID SOUTHERLY LINE NORTH 0°28'51" EAST 582.10 FEET TO THE POINT OF BEGINNING OF PARCEL 3392 HEREIN BEING DESCRIBED: THENCE CONTINUE NORTH 0° 28' 51" EAST 51.25 FEET; THENCE NORTH 89° 31' 09" WEST 31.04 FEET; THENCE SOUTH 0° 28' 51" WEST 51.25 FEET; THENCE SOUTH 89° 31' 09" EAST 31.04 FEET TO THE POINT OF BEGINNING OF PARCEL 3392 HEREIN DESCRIBED: CONTAINING 1591 SQUARE FEET OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. AIK/A LOT NO. 304 FOLIO NUMBER: 00258966624 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2000. A-i-rEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT TIMOTHY J. CONSTANTINE, CHAIRMAN Prepared by: ~ Robert Zachary /~- ~ Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFIClO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: Anastacio Lugo and Bianca Aguilar Lugo, husband and wife 5237 Martin Street Naples, FL Bearing the date of the 17~h day of March, 1993, recorded in Official Record Book 1806 Page(s) 001403, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of One Thousand Two Hundred Sixty Dollars and Five Cents ($1,260.05), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 17, BLOCK 3, NAPLES MANOR ADDITION, ACCORDING TO THE PLAT AS RECORDED IN PLAT BOOK 3, PAGES 67 AND 68, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO NUMBER: 62091440002 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Coveming Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2000. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFIClO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT TIMOTHY J. CONSTANTINE, CHAIRMAN Prepared by: ~ Robert Zachary /....'----~ Assistant County Attorffey Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: Abelardo Martinez, a single person 5415 Carolina Avenue Naples, FL Beadng the datre of the 17t" day of March, 1993, recorded in Official Record Book 1806 Page(s) 001411, in the Office of the Clerk of the Circuit Court of Collier County, State of Flodda, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of One Thousand Five Hundred Dollars and Seventy Five Cents ($1,500.75), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 21, BLOCK 8, NAPLES MANOR EXTENSION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 3, PAGE 98, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO NUMBER: 62206080008 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Flodda, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2000. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT TIMOTHY J. CONSTANTINE, CHAIRMAN Prepared by: ~ Robert Zachary ~--~ Assistant County Attbrney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: Harry R. Nichols Jr., and Sharlie E. Nichols husband and wife Whose mailing address is 221 Perkins Drive Naples, FL 33999 Bearing the date of the 20"~ day of March, 1995, recorded in Official Record Book 2040 Page(s) 2209, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of Five Thousand Five Hundred Seventy Five Dollars and Zero Cents ($5,575.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: THE NORTH 164 Y2 FEET OF THE NORTH HALF OF THE SW ~ OF THE NW t/4 OF THE SW % OF SECTION 11, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, LYING EAST OF THE ROAD RIGHT OF WAY DESCRIBED AS FOLLOWS: ROAD RIGHT OF WAY THROUGH THE WEST Y2 OF THE SW ¼ OF SECTION 11, TOWNSHIP 49 SOUTH, RANGE 25 EAST, WHICH INCLUDES A STRIP OF LAND 30 FEET EACH SIDE OF A CENTER LINE DESCRIBED AS FOLLOWS: RUN FROM THE SW CORNER OF SAID SECTION 11, A DISTANCE OF 503.38 FEET EASTERLY ALONG THE SOUTH BOUNDARY LINE OF SAID SECTION 11, TO A POINT OF BEGINNING, THENCE RUN IN A NORTHERLY DIRECTION A DISTANCE OF 2639 FEET MORE OR LESS TO A POINT ON THE NORTH BOUNDARY LINE OF THE SOUTHWEST Y4 OF SAID SECTION 11, SAID POINT BEING 284 FEET EAST OF THE NORTHWEST CORNER OF THE SW % OF SAID SECTION 11, LOCATED AT 5700 TAYLOR ROAD, NAPLES, FLORIDA. FOLIO NUMBER: 00242720009 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of paymerit in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Flodda, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2000. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT TIMOTHY J. CONSTANTINE, CHAIRMAN Prepared by: ~ Robert Zachary /~. ~ Assistant County'Attorr[ey Office of County Attomey 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFIClO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: Richard J. Sawyer, a single man and Karen M. Lane, a single woman 4520 Orchard Lane Naples, FL Bearing the date of the 8th day of October, 1993, recorded in Official Record Book 1873 Page(s) 000567, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of One Thousand Five Hundred Dollars and Seventy Five Cents ($1,500.75), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Flodda, described as follows: LOT 13, BLOCK 2, UNIT 1, AVALON ESTATES, AS RECORDED IN PLAT BOOK 3, PAGE 62, IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO NUMBER: 22621880001 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2000. AT~'EST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT TIMOTHY J. CONSTANTINE, CHAIRMAN Prepared by: ~ Robert Zachary ~._ ~..~.- Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: Fernando Valdes and Julia Valdes, husband and wife 5218 Jennings Street Naples, FL Bearing the date of 13~h day of April, 1993, recorded in Official Record Book 1815 Page(s) 001246, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of One Thousand Five Hundred Dollars and Seventy Five Cents ($1,500.75), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 46, BLOCK 6, NAPLES MANOR LAKES REPLAT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 4, PAGE 67, OF THE PUBLIC REOCRDS OF COLLIER COUN'FY, FLORIDA. FOLIO NUMBER: 62310520001 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this ~ day of ,2000. ATTEST: DWIGHT E. BRO~;K, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT TIMOTHY J. CONSTANTINE, CHAIRMAN Prepared by: Robert Zachary ~ Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: Graciela Vaughan Whose mailing address is 111 Islamorada Lane Naples,.FL 34114 Bearing the date of the 23r" day of July, 1999, recorded in Official Record Book 2582 Page(s) 2997, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of One Thousand One Hundred Eighty Dollars and No Cents ($1,180.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: UNIT NO. 2, WEST WIND MOBILE HOME ESTATES, A CONDOMINIUM AS MORE FULLY SHOWN IN OFFICIAL RECORDS BOOK 630, PAGES 1883 THROUGH 1932, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS AMENDED; TOGETHER WITH ALL UNDIVIDED INTERESTS IN THE COMMON ELEMENTS OR SURPLUSES ACCRUING TO SAID PROPERTY. FOLIO NUMBER: 81620080005 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2000. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFIClO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT Prepared by: ~ Robert Zachary /(../~ Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: Harold V. Warden and Guadalupe Warden, husband and wife 888 Coconut Circle East Naples, FL Bearing the date of 23'd day of March, 1993, recorded in Official Record Book 1808 Page(s) 001754, in the Office of the Clerk of the Circuit Court of Collier County, State of Flodda, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of One Thousand Two Hundred Sixty Dollars and Five Cents ($1,260.05), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 15, BLOCK D, COCONUT GROVE, UNIT 3, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO NUMBER: 26681280003 Collier County, a political subdivision of the State of Flodda, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2000. ATTEST: DWIGHT E. BRO~K, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT TIMOTHY J. CONSTANTINE, CHAIRMAN ! Prepared by: Robert Zachary Assistant County Attorn~ey Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFIClO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: Peter V. Weeks Jr., a single person 2631 Arbutus Street Naples, FL Bearing the dat& of the 23rd day of March, 1993, recorded in Official Record Book 1808 Page(s) 001746, in the Office of the Clerk of the Circuit Court of Collier County, State of FIodda, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of One Thousand Two Hundred Sixty Dollars and Five Cents ($1,260.05), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 14, AND THE NORTH 26 FEET OF LOT 13, BLOCK A, HALDERMAN RIVER SUBDIVISION, ACCORDING TO THE PLAT IN PLAT BOOK 2, PAGE 07, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO NUMBER: 48730240008 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2000. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT TIMOTHY J. CONSTANTINE, CHAIRMAN Prepared by: ~ Robert Zachary [~,_. '~ Assistant County Attdrney Office of County Attorney 3301 East Tamiami Trail Naples, Flodda 34112 (941) 774-8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: Thomas J. Zenz and Susan L. Zenz, husband and wife 5309-5311 Jennings Street Naples, FL Bearing the date of the 25~ day of March, 1993, recorded in Official Record Book 1809 Page(s) 001557, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of Two Thousand Three Hundred Sixty Three Dollars and Ninety Cents ($2,363.90), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Flodda, described as follows: LOT 34, BLOCK 11, OF NAPLES MANOR LAKES, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 3, PAGES 86 AND 87, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. "THESE LANDS ARE NOT HOMESTEAD LANDS." FOLIO NUMBER: 62261000007 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, FIodda, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __. day of ,2000. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT TIMOTHY J. CONSTANTINE, CHAIRMAN EXECUTIVE SUMMARY APPROVAL OF AN AGREEMENT WITH PHILLIPS & JORDAN TO PROVIDE DISASTER RECOVERY SERVICES, RFP # 00-3038. OBJECTIVE: To have the Board of County Commissioners (BCC) approve an agreement with Phillips & Jordan, Inc. to provide debris cleanup services in the event of a hurricane or other disaster, as per RFP #00-3038. CONSIDERATION: Hurricanes can have a devastating impact on a municipality, generating tens of thousands of tons of debris and leaving public services at a standstill. When such a disaster occurs, it is imperative that roads be cleared and basic services be restored as soon as possible. The best way to insure this is to plan ahead for the sorting, temporary storage, trucking and ultimate disposal of hurricane debris. This requires experienced and professional assistance, a great deal of manpower and a large pool of resources. Collier County needs to optimize its disaster recovery capabilities. To provide the best such services for the people of Collier County, RFP # 00-3038 for "Disaster Recovery Services" was publicly advertised on 1/31/00. Notices were sent to nine firms: all nine requested the full RFP package and seven vendors submitted proposals. The proposals were opened on March 3, 2000. The Selection Committee shortlisted the following firms: Ashbritt, Inc., Phillips and Jordan, Inc. and Waste Management, Inc. The Selection Committee requested presentations from the shortlisted firms on May 12, 2000. By consensus, the Selection chose Phillips and Jordan as the top ranked firm. Staff successfully completed negotiations with the firm and a standard County Attorney- approved contract has been signed by the firm. FISCAL IMPACT: The total cost of disaster recovery cannot be determined in advance. In the event of a hurricane, Collier County will most likely have to pay 12.5% of the total expenses. The Federal Emergency Management Agency (FEMA) may ultimately reimburse the County up to 75% of its expenses, and the State of Florida will likewise reimburse another 12.5%. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners approve an agreement with Phillips & Jordan to provide disaster recovery services, as per RFP # 00- 3038, and authorize the Chairman to sign the agreement. SUBMITTED BY: JobifS. Efiedenharn, Solid Waste Coordinator REVIEWED BY: Gwen Butler, Acting Purchasing Director Date: REVIEWED BY: G. George Yilmaz, Interim Director Solid Waste Department Edward N. Finh'm, Interim Public Utilities Administrator Date: Date:~~/~/~ AGREEMENT THIS AGREEMENT, made and entered into on this day of 2000, by and between Phillips & Jordan, Inc, hereinafter called the "Contractor" and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "Cottory": WITNESSETH: COMMENCEMENT. The Contractor shall commence the work following award of this Contract by the Board of County Commissioners, execution of this Agreement and upon issuance of a Purchase Order. The contract shall be for a two (2) year period, commencing on date of award, and terminating two (2) years from that date. The County may, at its discretion and with the consent of the Contractor, extend the Agreement under all of the terms and conditions contained in this Agreement for two (2) additional one (1) year periods. The County shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. STATEMENT OF WORK. The Contractor shall provide Disaster Recovery Services for Collier County in accordance with the terms and conditions of RFP #00-3038 ~Disaster Recovery Services" and the Contractor's proposal hereto attached and incorporated herein by reference. All services to be provided under this Agreement shall be performed under the direction of the County Solid Waste Director or their designee. Additional services as required shall be mutually agreed upon in writing by County Solid Waste Director or their designee and Contractor. SCHEDULE. Within ten (10) days of execution of this Agreement, the Contractor shall schedule a two (2) day meeting with the County Solid Waste Director or their designee to plan the Rapid Response. Upon notification to the Contractor by the County Solid Waste Director or their designee that services are required pursuant to this Agreement, the Contractor shall have a member of their Debris Management Team physically on site within six (6) hours ready to receive a directlye to mobilize forces. Within six (6). hours of a directive to mobilize from the County Solid Waste Director or their designee, Contractor shall begin the Labor & Equipment/Vehicle Check-in Process in the County. The first units shall be available for local deployment within eight (8) hours of notification by County Solid Waste Director or their designee. Contractor agrees to complete the services as required pursuant to this Agreement upon issuance of a Purchase Order for such services. A schedule for additional services, if required, would be established by mutual written agreement between the County Solid Waste Director or their designee and Contractor. THE CONTRACT SUM. The County shall pay the Contractor for the performance of this Agreement as per the Appendix "A" Rate Schedule, attached here'm and incorporated by reference, and the proposal, subject to Change Orders as approved in advance by the County. COMPENSATION. The County shall pay the Contractor for the performance of this Agreement upon completion of the work as accepted and approved by the County Solid Waste Director or their designee pursuant to the Appendix "A" Rate Schedule offered by the Contractor in his proposal. Payments shall be made to the Contractor when requested as work progresses, but not more frequently than once per month, for the actual hours worked in the preceding month and other allowable costs. Payment will be made upon receipt of a proper invoice and in compliance with Section 218.70 F.S. otherwise known as the "Florida Prompt Payment Act". NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed by registered or certified mail to the Contractor at the following Address: Mr. Ben Turner Phillips & Jordan, Inc. 8940 Gall Blvd. Zephyrhills, FL 33541 All Notices from the Contractor to the County shall be deemed duly served if mailed by registered or certified mail to the County to: Collier County Government Center Purchasing Department - General Services Building 3301 Tamiami Trail, East Naples, Florida 34112 The Contractor and the County may change the above mailing address at' any time upon giving the other party written notification. All notices under this Service Agreement must be in 'writing. PERSONNEL SUBSTITUTION. Consultants, firm specialists and other professional personnel assigned to the County project as mentioned in Contractor's proposal can only be changed with the express prior written permission of the County Solid Waste Director or their designee, who retains final approval of proposed replacement personnel. Specifically, should Ben R. Turner and/or Timothy R. Berkhimer leave the Contractor's employment, the County reserves the right to re-negotiate the contract. Other personnel such as secretarial and/or administrative support personnel may be changed at the discretion of the proposer provided that replacements have substanti.~a_ll_.Z the same or better qualifications or experience as approved by the County Solid Waste Director or their designee. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shah be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shah comply with all rules, regulations and laws of Collier County, the State of Florida, or the U.S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 10. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the fight to suspend the contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 11. TERMINATION. Should the contractor be found to have failed to perform his services in a manner satisfactory to the County as per the requirements of this Agreement, the County may terminate said agreement immediately for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. 12.NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 13. INSURANCE. The Contractor shall provide insurance as follows: Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Single Limit Per Occurrence. This shall be patterned after the no limiting endorsements. PG. 14. 15. 16. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. Policy must include Employer's Liability with a limit of $1,000,000 Each Accident. C. Pollution Liabilitlr: Coverage shall have minimum limits of $1,000,000. Automobile Liabili_ty - Owned/Non-owned/Hired Automobile Included. Coverage shall have minimum limits of $1,000,000 Each Occurrence. Special Requirements: Collier County shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy and Automobile Liability Coverage. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Pollution Insurance is required for the Contractor only. Subcontractors shall be required to maintain Commercial General Liability Insurance with minimum limits of $500,000; Worker's Compensation as per Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements; and Automobile Liability Insurance with minimum limits of $500,000. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. INDEMNIFICATION. The Contractor shall indemnify, defend and hold harm/ess the County and its officers, employees, agents and insmentalities from and against all claims or suits (including attorney's fees and costs of defense) asserted or prosecuted by third parties arising out of Contractor's failure to satisfy its obligations under generally accepted auditing standards, through error, omission, negligent act or willtiff misconduct of the Contractor or its employees, or that of its subcontractors or their employees, if any, provided however: that the Contractor is given reasonable notice of, and the opportunity to defend, settle and compromise any such claim. Nothing contained herein, however, is intended to confer on any third party any fights or benefits hereunder. The Contractor expressly understands and agrees that insurance protection required by this Agreement or otherwise provided by the Contractor shall in no way limit the responsibility to indenmify, defend and hold harmless the County or its officers, employees, agents and instrumentalities as herein provided. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Solid Waste Department. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as illfly a part of the contra ~-~s?~'~'~:~'~:"/'Sd , herein set out verbatim: Contractor s Proposal, Insurance Certificate, 1~ .# ,0fi), .73~ "Disaster Recovery Services", Appendix "A" Rate Schedule, Appendix "B", Qualifications and Exceptions". The parties hereby agree to the following changes to Appendix "B": Item 9 of Appendix "B" shall be changed to read "Should the County require the Contractor to obtain Performance and/or Payment bonds, County will reimburse the Contractor for the actual cost of these bonds with no additional markup.", Item 11 reading "This contract may not exceed $~ without the prior written approval of the County", shall be stricken in its entirety. 17. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: Dwight E. Brock, Clerk of Courts BOARD OF COUNTY COMMISSIONERS COLLiER COUNTY, FLORIDA By: By: Dated: (SEAL) First Witness Jeanne Whitney ~'Type/print witness name~' Second Witness Dorinda A. Futch, Asst ~'Type/print witness name~' Sec Approved as to form and legal sufficiency: Timothy J. Constantine, Chairman Phillips &[ordan, Inc. Contractor B~n R. Turner, President Typed signature and title CORPORATE SEAL (corporations only) Assistant County Attorney Item # Description Rate (per hour) 1.D Dozer, tracked, 2-3 CY cipaeity $eB.32 2.0 Dozer, trzaked witit root rake, CAT 07 size 23.12 3.0 Dozer, tracked, car De cize 10g.31 4.0 Truck, dump, lB-20 CY GapeGi~ S.0 Truok, dump 21~0 CY olploJ~ ~.0 Backhoe with loader, 1.5 CY Gapaoi~ with thumb I~ohment 58.35 7.0 Backhoe with thumb i~hmnt, 1.5 CY ,lpe,l~ ~e.72 8.0 Loader, lront-end, 4 CY Gapecity 79.34 9.0 ~oider, frontend, 2.5 CY ~apaoi~ 10.0 Grlder, motor, 12 ~ blade, 3~140 net HP 78.12 11.G Wator Truek 13.0 Kn uakJe~oom, 1 O,000 ~on li~lng olpeolty 127.83 14.0 Truck, piok-up, 0.8 ton 14.27 t5.0 Crew foreman with mobile ~lephone 38.4G le.o Chipper, width 12' minimum 31.2~ 17.0 Laborer wl~ milo. iraill hind tooll, ally du~ 23.00 Laborer with chalnsiw, 18' minimum bar, t~ffl~ fllge, and miai, smell tools and slfe~ equipment, 18.0 dly dU~ ~r ou~aln burner, aelf eon~ined ey~m Inaludlng po~r planh hy~. 4rive moor, rain l~,BO0 CFM,' 21.~e 20.0 21.0 TuO Grtn~er, 300~00 HP 8 ~ Dlam~r ~17.47 22.0 Tu~ ~rlnder, B00-10OO HP 23.0 Lowboy t~ller with ~aotor 24.0 Nlgh~im si~ operltlon generltor and Ilgh~ng 18.84 2H.0 Hefioop~r, Bill ~7 g00.00 2e.0 E~otfiolln 110.00 RATE SC~DUL~ Appendix "B" Qualifications and Exceptions 1. All hourly equipment rates include the cost of the operator, maintenance, fuel, repairs, overhead, profit, insurance and any other cost associated with the equipment. 2. All hourly manpower rates include the cost of protective clothing (to include hard-hats and steel-toed boots), fringe benefits, payroll taxes and insurance, and hand tools. 3. Payment for personnel utilized in other categories (traffic control, counters, monitors, etc.) will be paid at the same hourly rate as Item 17 on the Bid Schedule. 4. Equipment rates are based upon a ten (10) hour shift and include two (2) hours overtime per shift. 5. The Contractor will be entitled to invoice for 100% of the mobilization at the time the equipment is delivered to the designated work site. Mobilization will be paid for utilizing the Lowboy rate for each hour worked, plus the Hourly rate for each hour the equipment is in transit. Demobilization costs will be handled in a similar fashion. Mobilization and demobilization are portal-to-portal. 6. The Contractor will be compensated for any direct purchased matehals, if required, at actual invoice amount, plus 10%. The County is responsible for all tipping fees associated with debris disposal. Transportation of laborers will be paid for under item 14.0. County will reimburse the Contractor cost of performance and payment bonds. 10. The County will provide adequate personnel to verify the hours reported by the contractor for each item. The Contractor will prepare a daily report by item that provides the total hours incurred for that day. A separate report will be provided for each debris removal crew and each designated reduction/disposal site. 11. This contract may not exceed $ without the prior written approval of the County. 12. Payment for hourly work (T&M) completed will be based on verified hours work ~om the daily operational report. Equipment down time resulting from equipment failure, routine ma'mtenance and fueling that exceeds fifteen (15) minutes of a work hour will be considered unacceptable work and non-payment for one half of that hour and the number of work hours will be reduced to exclude the down time (the minimum reduction shall be one-half hour). ^CORD. CERTIFICATE OF LIABILITY INSURANCE 06/28/2000 : pnopucER (423)691-4847 (423) 694-4847 TZ5 Znsurance Se~Y~ces, Inc. 29Q0 W~nston Road, Suite [~ ~ ~x 10328 ~ .v~lle, ~ ~7939-O328 J~uR~ Phillips & 3ordan, Znc., et al Attn: Steve ~son 6621 ~]banks Rd Kno~]]e, ~ 37912 I COVERAGES THIS Ct~K~iFiCATE IS ISSUED AS A MAII =K OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. INSURERS AFFORDING COVERAGE .SURER~ St Paul F~re k Iqar~ne |~.ER ~: United Cap~tal iN~URERC: American Risk Funding Znsurance Program iNSURER 13: Lumberman' s Nutua] Casual ty Company THE POUCIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWlTHSTANDIN(~ ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTtFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAWIS. !IN~R POUCY Err=C¥~v'E POUCY EXPIkATION LTR TYPE OF INSURANCE POUCY NUMBER QATE ¢MI~OQtYYt DATE ¢MbL~D/YYt LIMITS G~eU~U~mUT~ [K03200335 01/01/2000 06/01/2001 ~C~OCCU~RERCE s 1,OO0,000 X COMME~C~L OENER~L UA~LiTY RRE DN~AeE (Any ~ tim)$ 1OO, 000 A ;ERS~N^C & ~DV INJURY$ 1,0OO, 000 X B]anket Add' 1 In~c~ ~ERE~ ^GGRE~^TE $ 2,000, OOO GEI~L AGGREGATE LJMrT AFtLIES PER: PRODUCTS o COMPfOP AGG $ 2 ~ OOO ~ 000 ~UTO~OmLEU~mCn~ I[K03200335 01/01/2000 06/01/2001 CO~aI~ED~N~LEUM~ X ~NY ^UTO (E~ ~c~i.~ 1, OOO, OOO ~LL OWN~ ^UTOS BOmLy INJURY $ SCHEDULED AUTOS (p~ per. m) X HIRED AUTOS BODILY INJURY $ .~ NON~)WNED AUTOS (Per accident) H~red Car Phys Dam GARAGE UABIUTY AUTO ONLY - EA ACCIDENT $ .., IANY AUTO OTHER THAN E~ACC ' AUTO ONLY: AGG $ .... EXC~SSL~mU~ ~SXl1~016-01 01/01/2000 06/O1/2OO1 E~CHOCCUR~CE s 30,000,0OC D ~ETE~mON s 10, OO0 s · wo.~sco~E.s~o.~.D ~tOO0OO52 06/01/2000 06/02/2OOl X ' wcs~^~ EMPLOYER~ ,~U~Y ~CZ)OOO(X)52 [L. E~CH ^C~DEm $ 500 ~ 00~ C RX)OOOO052 F_~ ~S~S~ o E~ e~PCO~ ~ $ 5OO, OOO ~L mSE~E. ~OUCY U~T Is 5OO, 000 . i CTO 'S OLLUT O c 3oo° 42 22/31/29.22/3!/2000Lm[T LOSS $S,OOO,OO0 B LZABTLZTY DEDUCIBLE $25,000 ~ro] act .' · e Certificate !lo]der Js Additional Tas#red ~egarding Gene~a] Liability oa this projacl:. CERTIFICATE HOLDER J X ] AD~mONAL JNSU,E~. *NSU,.ER ,-[L~ ACANCEU. ATION _o11~er County Government General Services Building 3301 E TanriamJ Trail Naples, FL 34211 SHOULD ANY OF THE ABOVE DE.~tlBED POUCIE~ BE ~ f Kfi BEFORE THE BUT FAILURE TO MAIL ~UCH NOTICE ~J4ALL ~ NO C~:iI~ON OR UABIUTY Construction Oiv./B4ATrHE/0 · ' EXECUTIVE SUMMARY APPROVE THE CONVEYANCE OF A RIGHT-OF-WAY AND UTILITY EASEMENT TO ALBERTSON'S, INC. OBJECTIVE: Approve the conveyance of a Right-of-Way and Utility Easement, therefore providing the necessary property fights for an approved access with associated uses by Albertson's, Inc. CONSIDERATION: Albertson's, Inc. has requested that Collier County convey an easement across the Wellfield Parcel for the benefit of a seven-acre commercial parcel located within the Carlton Lakes PUD. The commercial parcel is located in the northeast comer of the intersection of Immokalee Road and Livingston Road and will be developed as a supermarket and convenience center with related uses. The Site Development Plan for the proposed facility, currently being reviewed by Developmental Services, provides for three points of entry for the parcel, one located on Carlton Lakes Boulevard, the second from Immokalee Road and the third will connect to Livingston Road. The Transportation Operations Department, Public Utilities Engineering Department and the Planning Services Department have reviewed the proposed easement and approved the use of the easement area by Albertson's, Inc. The Public Utilities Engineering Department has requested stipulations to be incorporated into the revised Site Development Plan that will provide for the anticipated usage of the Wellfield Parcel by the County. The Right-of-Way and Utility Easement has been reviewed and approved by the County Attorney's Office. This grant of easement will allow for the structured growth of the commercial portion of the Carlton Lakes PUD and accommodate the developmental plans of Albertson's, Inc. without interfering with the County's designated utility of the Well field Parcel. No monetary compensation is being sought, however, if Albertson's Inc. fails to utilize the easement for the purpose intended, then Albertson's, Inc. shall vacate, cancel and annul said grant of the Easement Area. Pursuant to Florida Statutes 125.35 (1) (c), the required legal notice has appeared in the Naples Daily News. Albertson's, Inc. was the only response received by the bid due date. FISCAL IMPACT: No fiscal impact will be incurred. Albertson's, Inc. shall be responsible for all costs associated with the conveyance of the necessary property interests and the advertising for public notice. GROWTH MANAGEMENT: The Collier County Growth Management Plan will not be impacted as a result of the requested actions. RECOMMENDATION: That the Board of County Commissioners as The Governing Body of Collier County, and as Ex-Officio The Governing Board of the Collier County Water-Sewer District: Approve the conveyance of a Right-of-Way and Utility Easement to Albertson's, Inc; and Authorize the Chairman to execute the attached Right-of-Way and Utility Easement; and Authorize Staff to record the Right-of-Way and Utility Easement in the Public Records of Collier County, Florida. e'i~l~c~nez,,IFp'~alist i/~A~operty Management Department REVIEWED BY: 7//t DATE: ~dw~ J~~~ation ~erations Dep~ment ~VIE~D BY: DATE: ~m D~r~tor, Karl Boyer, Public Utilities Engineering Dep~ment REVIEWED BY: REVIEWED BY: APPROVED BY: ~ DATE: ? I~_~,~ Chahram Badamtchian, AICP. Principal Planner, Planning Services Department . '-~")/~O.,~--.-- ~.~;7~ervices Department DATE: ~E. dward ~. Finn, Jkcting~Sublic UtiliZes Administrator, Public Utilities DiviSion c/o Bogre, Munns & Munns Post Office Box 2807 Orlando, Florida 32802 Attn.: Biff Godfrey Albertson's Store ~1479 Immoka]~i~ & Livingston Naples, Florida RIGHT-OF-WAY AND UTILITY EASEMENT This RIGHT-OF-WAY AND UTILITY EASEMENT, is granted this 1414n day of ;~0,[fi , 2000, between the Board of County Conunissioners 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, its successors and assigns ("Grantor") and Albertson's, Inc., a Delaware corporation ("Grantee"). WITNESSETH: The Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration paid by the Grantee, receipt of which is hereby acknowledged, hereby grants and conveys to the Grantee, its successors and assigns, a perpetual non-exclusive easement for the purposes of vehicular and pedestrian ingress and egress to Grantee's real property described in Exhibit "A", attached hereto and made a part hereof ("Grantee's Parcel"), and for purposes of installation, repair, maintenance and replacement of all utilities serving Grantee's Parcel (provided such utilities shall be underground) located beneath, under and through only that portion of the Grantor's real property lying within the Easement Area more particularly described in Exhibit "B", attached hereto and made a part hereof ("Easement Area"). The Grantor herein grants Grantee, its successors and assigns, attendant to the grant of easement, the right to install signage (inclusive of entryway features) and improve the Easement Area with landscaping and a two-lane or four-lane road. All improvements, including signage, must conform with the Code of Laws and Ordinances of Collier County, Florida, the Collier County Land Development Code and all applicable State standards. In the event any abandoned wells are located in the Easement Area, the Grantee shall have the fight to properly dispose of same in accordance with Collier County Standards or modify existing wells as agreed to by both parties. The Grantee agrees to provide to Grantor copies of the plans depicting the proposed signage, landscaping, and other improvements, as described above, for the Grantor's review and consent, which consent shall not be unreasonably withheld. Grantee shall obtain any and all permits required by the County's Land Development Code. It is understood and agreed to by the parties that nothing contained herein shall be deemed a waiver of the County's land development regulations and Comprehensive Plan or approval by the County of the Grantee's proposed site development plan. Subject to the easement rights above granted, Grantee, by acceptance of this grant, agrees for itself, its successors and assigns, to maintain said Easement Area consistent with the provisions contained herein, and shall neither physically inhibit nor interfere at any time with the fight of ingress or egress of the Grantor, its successors and assigns, or any other party requiring access to any of the Grantor's property. Grantee further agrees that it will at all times use extreme care to restore all grounds to as good or better condition than found prior to construction, maintenance and repair. C:\TEMP\COUNTYEASEMENT02.DOC Grantee shall have the right to enter upon and depart from Easement Area for the purpose of doing such construction, installations, repairs or replacements as are necessary to accomplish the intent and purpose of this grant. All work within the Easement Area will be in compliance with Collier County Ordinance 93-64, as amended. ,.~ ............ 07/11/00 3:21 I~ ~mprovements witran the lzasement Area consistent with the provisions of this Easement Agreement. In the event Grantee, its successors or assigns, shall (1) fail to substantially complete construction of the improvements or installation of the utilities by July 1, 2002 or (2) shall permanently cease to use the Easement Area for the purposes intended, then this Easement may be terminated by Grantor and all interest, right and entitlement acquired by Grantee by virtue of this Easement Agreement shall revert to Grantor, after written notice by Grantor, sent certified mail to Grantee, of its intent to terminate Easement. Within a reasonable amount of time after receipt of Grantor's notice of intent to terminate, Grantee, its successors or assigns, shall vacate the Easement Area. The Grantor shall upon said vacation, have the right to require the Grantee, its successors or assigns, to remove any structure or improvements which may affect the use of the Easement Area and record a Termination of Easement in the Public Records of Collier County, Florida. For purposes of this paragraph, "permanently" shall mean any cessation of use of the Easement Area for the purposes stated herein for a period exceeding 12 consecutive months but commencing subsequent to July 1, 2002. The Grantee hereby covenants and agrees to indemnify, save, protect and hold harmless the Grantor against any loss, damage, injury, debt or expense, including attorney fees, claimed or asserted by any person or entity, arising out of or resulting from the Grantee's exercise of the easement rights granted herein or Grantee's failure to perform fully and completely any of its duties or obligations hereunder. The easement rights herein granted shall constitute covenants running with the land and be appurtenant to and for the benefit of Grantee's Parcel and each part thereof. IN WITNESS WHEREOF, the parties have hereunto affixed their signatures by their duly authorized representatives. ATTEST: Dwight E. Brock, Clerk By: Date: Approfi~d as to the f?rn~nj~Hegal sufficiency Ellen T. Chadwell, Assistant County Attorney Date: ~oP/tg~ Board of County Commissioners of Collier County, Florida as governing body of Collier County and Ex-Officio, the governing body of the Collier County Water-Sewer District By: Timothy J. Constantine, Chairman Printed Name: TltO, ~'A~-rl' Printed Name: C \TEMP\COUNTYEASEMENTO2. DOC 07/11/00 3:21 PM ALBERTSON'S: aA ~!a~ertS°nr'ei~r;'~ration Lincoln V. Sharp, Jr. Vice President, Real Estate Law 2 The foregoing instrument was acknowledged before me this 14~h day of ~l~,[tl ,2000, by Lincoln V. Sharp, Jr., as Vice President, Real Estate Law of Albertson's, Inc., a DelaYware corporation, on behalf of the corporation. He is personally known to me ~4~S--lmSdnved as idendi']cntiun. - Signature of person taking acknowledgment Name of person taking acknowledgment, typed, printed or stamped Notary Public, State of Idaho Ti,le or crO B Serial number, if any My Commission Expires: [AFFIX SEAL] C:\TEMP~COUNTYEA~EMENT02.DOC 07111/00 3:21 PM 3 DESCRIPTION OF LANDS SURVEYED ALL OF TRACT "D" OF THE PLAT OF CARLTON LAKES UNIT NO. 1, AS RECORDED IN PLAT BOOK 26, PAGES 65 THROUGH 72, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 7.000 ACRES(' 504,920 SQUARE FEET ,) OF LAND, MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. ~,, 15¥~1 30 ~NI~ ~iHI~ONA Posl Office Box 2807 Orlando, Flonda 32802 Attn.: Biff Godfrey Albertson's Store 84479 Inmmkalee & Livingston Naples, Florida RIGHT-OF-WAY AND UTILITY EASEMENT This RIGHT-OF-WAY AND UTILITY EASEMENT, is granted this I'~0" day of Ou,[.~ , 2000, between the Board of County Commissioners of Collier County, Florida, As~rhe Governing Body Of Collier County, Axad As Ex-Officio The Governing Board Of The Collier County Water- Sewer District, its successors and assigns ("Grantor") and Albertson's, Inc., a Delaware corporation ("Grantee"). WITNESSETH: The Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration paid by the Grantee, receipt of which is hereby acknowledged, hereby grants and conveys to the Grantee, its successors and assigns, a perpetual non-exclusive easement for the purposes of vehicular and pedestrian ingress and egress to Grantee's real property described in Exhibit "A", attached hereto and made a part hereof ("Grantee's Parcel"), and for purposes of installation, repair, maintenance and replacement of all utilities serving Grantee's Parcel (provided such utilities shall be underground) located beneath, under and through only that portion of the Grantor's real property lying within the Easement Area more particularly described in Exhibit "B", attached hereto and made a part hereof ("Easement Area"). The Grantor herein grants Grantee, its successors and assigns, attendant to the grant of easement, the right to install signage (inclusive of entryway features) and improve the Easement Area with landscaping and a two-l~ne or four-lane road. All improvements. including signage, must conform with the Code of Laws and Ordinances of Collier County, Florida, the Collier County Land Development Code and all applicable State standards. In the event any abandoned wells are located in the Easement Area, the Grantee shall have the right to properly dispose of same in accordance with Collier County Standards or modify existing wells as agreed to by both parties. The Grantee agrees to provide to Grantor copies of the plans depicting the proposed signage, landscaping, and other improvements, as described above, for the Crrantor's review and consent, which consent shall not be unreasonably withheld. Grantee shall obtain any and all permits required by the County's Land Development Code. It is understood and agreed to by the parties that nothing contained herein shall be deemed a waiver of the County's land development regulations and Comprehensive Plan or approval by the County of the Grantee's proposed site development plan. Subject to the easement rights above granted, Grantee, by acceptance of this grant, agrees for itself, its successors and assigns, to maintain said Easement Area consistent with the provisions contained herein, and shall neither physically inhibit nor interfere at any time with the right of ingress or egress of the Grantor, its successors and assigns, or any other party requiring access to any of the Grantor's property. Grantee further agrees that it will at all times use extreme care to restore all grounds to as good or better condition than found prior to construction, maintenance and repair. C:~,T EMF~COU N'F? EAS EMENT02 DOC Grantee shall have the right to enter upon and depart from Easement Area for the purpose of doing such construction, installations, repairs or replacements as are necessary to accomplish the intent and purpose of this grant. All work within the Easement Area will be in compliance with Collier County Ordinance 93-64, as amended, improvements within the Easement Area consistent with the provisions of this Easement Agreement. In the event Grantee, its successors or assigns, shall (1) fail to substantially complete construction of the improvements or installation of the utilities by July 1, 2002 or (2) shall permanently cease to use the Easement Area for the purposes intended, then this Easement may be terminated by Grantor and all interest, right and entitlement acquired by Grantee by virtue of this Easement Agreement shall revert to Grantor, after written notice by Grantor, sent certified mail to Grantee, of its intent to terminate Easement. Within a reasonable amount of time after receipt of Grantor's notice of intent to terminate, Grantee, its successors or assigns, shall vacate the Easement Area. The Grantor shall upon said vacation, have the fight to require the Grantee, its successors or assigns, to remove any structure or improvements which may affect the use of the Easement Area and record a Termination of Easement in the Public Records of Collier County, Florida. For purposes of this paragraph, "permanently" shall mean any cessation of use of the Easement Area for the purposes stated herein for a period exceeding 12 consecutive months but commencing subsequent to July 1, 2002. The Grantee hereby covenants and agrees to indemnify, save, protect and hold harmless the Grantor against any loss, damage, injury, debt or expense, including attorney fees, claimed or asserted by any person or entity, arising out of or resulting from the Grantee's exercise of the easement fights granted herein or Grantee's failure to perform fully and completely any of its duties or obligations hereunder. The easement fights herein granted shall constitute covenants running with the land and be appurtenant to and for the benefit of Grantee's Parcel and each part thereof. IN WITNESS WHEREOF, the parties have hereunto affixed their signatures by their duly authorized representatives. ATTEST: Board of County Commissioners of Collier County, Florida as governing body of Dwight E. Brock, Clerk Collier County and Ex-Officio, the governing body of the Collier County By: Water-Sewer District Date: By: Approv/0/d as to t,he formSlegal sufficiency Ellen T. Chadwell, Assistant County Attorney Timothy J. Constantine, Chairman ~SSES: Printed Name: Printed Name: ALBERTSON'S: Albert~n's, Inc., a D !a re orporation B)'i !~~.~harp, Jr. Vice President, Real Estate Law C :~T EMP~COU NTYEASI=MENT02. DOC 07/11/00 3:21 PM 2 J AUG i The foregoing instrument was acknowledged before me this i4___~day of ~ , 2000, by Lincoln V. Sharp, Jr., as Vice President, Real Estate Law of Albertson's, Inc., a DeTaware corporation, on behalf of the corporation. He is personally known to me as ]den d f'~.at-i~. Signature of person taking acknowledgment Name of person taking acknowledgment, typed, printed or stamped Not~r3t Public, State of Idaho Title or rank L~I ~ Serial number, if any My Commission Expires: C:WE MI:~COUNTYEASEMENT02. DOC 07/11/00 3:21 PM 3 DESCRIPTION OF LANDS SURVEYED ALL OF TRACT "D" OF THE PLAT OF CARLTON LAKES UNIT NO. 1, AS RECORDED IN PLAT BOOK 26, PAGES 65 THROUGH 72, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 7.000 ACRES( ,304,920 SQUARE FEET ) OF LAND, MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. .3. .LOYbLl .40 3N1'7 EXECUTIVE SUMMARY APPROVE A PROPERTY EXCHANGE AND DESIGN/CONSTRUCTION AGREEMENT RELATED TO THE SOUTH COUNTY REGIONAL WATER TREATMENT PLANT EXPANSION, WHITE LAKE BOULEVARD, AND THE CITYGATE PUD, PROJECT 70054 OBJECTIVE: That the Collier County Board of County Commissioners, as ex- officio the governing board of the Collier County Water-Sewer District, enter into an agreement with the owner of the Citygate PUD (Developer) to facilitate the expansion to the South County Regional Water Treatment Plant ($CRWTP). CONSIDERATIONS: The proposed Property Exchange and Design / Construction Agreement will provide County utility easements and infrastructure improvements needed to effect an expansion to our SCRWTP. In exchange for considerations identified in the agreement, the County will receive: · Wellfield and raw water transmission utility easements · Exclusive use easements for injection well construction and maintenance · Upgraded sewer service and associated utility easements · A new, more easterly right-of-way corridor for White Lake Boulevard located immediately adjacent to the west property boundary of the SCRWTP · Improved intersection at Collier Boulevard and White Lake Boulevard · Non-exclusive use easement for road right-of-way, drainage and utilities along the south property boundary of the SCRWTP In exchange, the County will: · Pay for design and construction to realign White Lake Boulevard and improve the White Lake Boulevard intersection at Collier Boulevard · Pay for design and construction to relocate the County's existing 10- and 20- inch potable water mains related to the White Lake Boulevard realignment · Pay for the design and construction of a new sewer forcemain to provide sewer service to the water plant and the surrounding area · Grant public access across property owned by the Collier County Water- Sewer District related to the White Lake Boulevard realignment · Abandon and transfer title to that portion of existing White Lake Boulevard right-of-way replaced by the new alignment Design and construction of the infrastructure improvements will be perfomed by the Developer at negotiated competitive prices. Upon acceptance of the work, the County will reimburse the Developer for improvements in amounts not exceed our engineer's certified probable estimate of the cost. Executive Summary (continued) Property Exchange and Design/Construction Agreement for SCRWTP Expansion Page 2 The agreement as proposed provides for all necessary easements and sewer service required for the plant expansion. It also provides for an improved ingress/egress to the expanded facility. Under the proposed agreement, the total estimated cost of these required project elements is $918,830 broken down as follows: Realign White Lake Boulevard Relocate 10" and 20" Water Mains New Sewer Service Purchase Exclusive Use Easement $331,000 $107,500 $365,000 $115,330 $918,830 FISCAL IMPACT: There are adequate funds in the adopted budget to cover expenditures anticipated in FY 00. There are adequate funds in the requested budget for FY 01 to cover expenditures anticipated in FY 01. The source of funds is Water Impact Fees and User Fees. There is $517,000 available in FY00. The balance will be funded in FY01. The budget for the SCRWTP Expansion includes $700,000 in Project 70054 for easement acquisition ($200,000 in FY 00 and $500,000 requested in FY 01). In addition to funds for the SCRWTP Expansion, the adopted budget includes funds for the new sewer service in the amount of $317,000 in Project 70020. GROWTH MANAGEMENT IMPACT: The SCRWTP and wellfield expansion is needed to meet future potable water demands as recommended in the 1996 Water Master Plan Update adopted on October 22, 1996, agenda item 8(B)(1). The SCRWTP expansion is projected to meet the additional water demands through the year 2015. RECOMMENDATIONS: That the Board of County Commissioners, as the governing body of Collier County, and as ex-officio the governing board of the Collier County Water-Sewer District: 1. Approve the Property Exchange and Design / Construction Agreement related to the SCRWTP expansion. 2. Authorize disbursements under the terms and conditions of said Agreement. 3. Accept for purposes of recordation in the public records of Collier County, the conveyance to Collier County and to the Water-Sewer District of all easements made in accordance with the terms and conditions of said Agreement. 4. Adopt the attached Resolution of the Board of County Commissioners of Collier County, Florida Authorizing the Exchange of Property. AGENDA ITEM No.,/~, g.~) (./?.,) AU6 - ! 2000 Pg. ~ Executive Summary (continued) Property Exchange and Design/Construction Agreement for SCRWTP Expansion Page 3 SUBMITTED Date: ~/~C) n & Valuation Coordinator REVIEWED BY: /~-~,.'/" ~.~,~' Date: ,~/~f/,~ ~ Mohan Thampi, P.E., Public Utilities Project Mat~ag~r K d W B r ' Utilities Engineering Director EdWin Operations Directo,,~ ,/~~r ~ ~/~., Utilities Adminis(rator ~ RESOLUTION NO. 2000- RESOLUTION OF THE BOARD OF COUNTY COLLIER COUNTY, FLORIDA, AUTHORIZING PROPERTY COMMISSIONERS OF THE EXCHANGE OF WHEREAS, in the interest of public safety and improved traffic circulation, Collier County has entered into a Property Exchange and Design / Construction Agreement with Richard K. Bennett, Trustee (hereinafter referred to as "Owner"), the terms of which require the relocation of White Lake Boulevard from its current location immediately adjacent to the off-ramp limited access right-of-way in the northeast quadrant of the Interstate 1-75 / Collier Boulevard interchange, to a new location immediately adjacent to the Collier County South Regional Water Treatment Plant; and WHEREAS, the terms and conditions of said Agreement (appended hereto as Attachment 1) stipulate that Collier County shall convey to Owner the existing White Lake Boulevard fight-of-way, title to which is held by Collier County, and the payment of an amount not to exceed $115,330, in exchange for the proposed (relocated) White Lake Boulevard fight-of-way, along with other right-of- way and utility easements, across Owner's property; and WHEREAS, in accordance with Section 125.37, Florida Statutes, this proposed exchange has been advertised once each week for two consecutive weeks in the Naples Daily News, a newspaper of general circulation in Collier County. NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: BOARD OF COUNTY 1. The WHEREAS clauses (above) are incorporated herein as if fully restated. The Board of County Commissioners of Collier County, Florida, hereby directs and authorizes its Chairman, on behalf of this Board, to execute a statutory deed conveying the existing White Lake Boulevard right-of-way (more particularly described in Exhibit "H" to the Agreement) to Owner. The conveyance to Collier County from Owner of the proposed White Lake Boulevard right-of-way, and the other fight-of-way and utility easements described in the Agreement, shall be deemed accepted for the purposes of recordation in the public records of Collier County, Florida ADOPTED this __ day of favoring adoption. ,2000 after motion, second and majority vote ATTEST: DWIGHT E. BROCK, Clerk By: Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By:. TIMOTHY J. CONSTANTINE, Chairman Approved as to form and legal sufficiency: ThoTas0C.-~Pa~mer,~~--~ Assistant County Attorney N --1 I I o,~ I ,, 'PROPi~RTY EXCHANGE AND DESIGN I CONSTRUCTION AGREEMENT THIS PROPERTY EXCHANGE AND DESIGN I CONSTRUCTION AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between RICHARD K. BENNETT, TRUSTEE, (hereinafter referred to aa "Owner"). whose mailing address is 855 Fifth Avenue South, Naples, Florida 34102-6605, and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns (hereinafter referred to as "County"), whose mailing address Is 3301 Tamiami Trail, Naples, Florida 34112, and BOARD OF COUNTY COMMISSIONER8 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 (hereinafter referred to as "District"), whose mailing address is 3301 East Tamlami Trail, Naples, Flodda 34112; WHEREAS, County is the record title holder to the fee simple Interest in that certain real property on which the Collier County South Water Treatment Plant is located (see "Attachment No. 1'); and WHEREAS, District Is the operating entity of said treatment plant; and WHEREAS, Owner is record title holder to that certain real property known as the · "Citygate PUD' (see "Attachment No. 2"); and WHEREAS, County is the record title holder to "Access Road No. 1 ," as shown on Florida Department of Transportation Right-of-Way Map, Section 03175-2409 (State Road No. 93, Interstate 1-75), recorded In the official records of Collier County, Florida, in Road Plat Book 3, Pages 6, 8, 9 and 13; and WHEREAS, District requires a perpetual, exclusive utility easement for the Installation and maintenance of deep Injection wells over, under, upon and across the lands described in Exhibit "A" (said easement hereinafter referred to as "Easement A"), which is attached herato and made a part of this Agreement; and WHEREAS, County requires a perpetual, non-exclusive easement for public road right-of-way, drainage and utility facilities over, under, upon and across the lands described in Exhibit "B" (said easement hereinafter referred to as "Easement B"), which Is attached hereto and made a part of this Agreement; and WHEREAS, District requires a perpetual, non-exclusive utility easement for the installation and maintenance of a raw water transmission and power distribution system over, under, upon and across the lands described in Exhibit "C" (said easement hereinafter referred to as "Easement C"), which is attached hereto and made a part of this Agreement; and WHEREAS, District requires a perpetual, non-exclusive utility easement for the installation and maintenance of a public water supply well over, under, upon and across the lands described in Exhibit "D-l" (said easement hereinafter referred to as "Easement D-l"), which is attached hereto and made a part of this Agreement; and WHEREAS, District requires a temporary construction easement from January 1, 2001 until January 1, 2004 to allow for the Installation and maintenance of a public water supply well over, under, upon and across the lands described in Exhibit "D-l" (said easement hereinafter referred to as "Easement D-2"), which is attached hereto and made a part of this Agreement; and WHEREAS, Dlstdct requires a perpetual, non-exclusive utility easement for the installation and maintenance of a public water supply well over, under, upon and across the lands described in Exhibit "E-l" (said easement hereinafter referred to as "Easement E-I"), which Is attached hereto and made a part of this Property Exchange and Design / Construction Agreement Page 2 WHEREAS. District requires a temporary construction easement from January 1, 2001 until January 1, 2004 to allow for the installation and maintenance of a public water supply well over, under, upon and across the lands described in Exhibit "E-l" (said easement hereinafter referred to as "Easement E-2'), which is attached hereto and made a part of this Agreement; and WHEREAS, District requires a perpetual, non-exclusive utility easement for the installation and maintenance of a sewer force main, and other County utilities which may be deemed necessary in the future, over. under, upon and across the lands described in Exhibit "F" (said easement herainaffer referred to as "Easement F"), which is attached hereto and made a part of this Agreement; and WHEREAS, District requires a perpetual, non-exclusive utility easement for the relocation (installation) and maintenance of a 20-inch diameter potable water ma{n over, under. upon and across the lands described in Exhibit "G" (said easement hereinafter referred to as "Easement G"), which is attached hereto and made a part of this Agreement; and WHEREAS, County requires a perpetual, non-exclusive easement for public road right-of-way, drainage and utility facilities over, under, upon and across a portion of the Property owned by Owner and described on Attachment No. 2, (said easement hereinafter referred to as "Easement H"), which is attached hereto and made a part of this Agreement; and WHEREAS, Owner desires to convey Easements "A' through "H" (hereinafter referred to collectively as the 'Property') to County or to District, as appropriate, for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Easement 'H" will replace the necessity for the existence and maintenance of a portion of Access Road No. 1 (a/ida 'White Lake Boulevard") as depicted on Exhibit "1" which Is attached hereto and made a part of this Agreement; and WHEREAS, it is in the best Interest of the public for County to forthwith cause the reconstruction of White Lake Boulevard within Easement "H" from the existing water treatment plant entrance, southward across the westerly tip of the White Lake PUD property, to a point within the existing White Lake Boulevard right-of-way (south and west of the White Lake PUD), and to exchange that portion of White Lake Boulevard as depicted on Exhibit "1;" and WHEREAS, the relocation of White Lake Boulevard will require the concurrent relocetion of a 20-Inch potable water main from its present location within the existing White Lake Boulevard right-of-way to a new location within the relocated White Lake Boulevard right-of-way (Easement 'H'), which Is attached hereto and made a part of this Agreement; and WHEREAS. the relocafion of White Lake Boulevard will require the declaration by County of a perpetual non-exclusive road right-of-way, drainage and utility easement in favor of the general public across that portion of the South County Water Treatment Plant property described in Exhibit 'J' (said easement hereinafter referred to as' "Easement J"). which is attached hereto and made a part of this Agreement; and WHEREAS, the relocetlon of White Lake Boulevard to within Easement "H" is not a viable option without securing additional right-of-way from the White Lake PUD Property Exchange and Design I Construction Agreement Page 3 property (said additional right-of-way described in Exhibit "K"), which is aftached hereto and made a part of this Agreement; and WHEREAS, County and Owner share equally from the benefits of a relocated White Boulevard; and WHEREAS, it is in the best interests of the parties to cause Distrtct's existing 12- inch diameter sewer force main, which currently terminates on the west side of County Road CR-951 between Davis Boulevard and Interstate 1-75, to be extended northward to a point opposite the entrance to the water treatment plant, where the force main diameter shall be reduced to 8 inches, thence eastward across County Road CR-951 to · the northeast comer of Easement "H,' thence southward to the southwest corner of Easement "B;" and NOW THEREFORE, it is hereby mutually acknowledged, and it is agreed by and between the parties as follows: Owner shall convey the Property to County and to District, as appropriate, for the total sum of $110,530 payable by County Warrant (said transaction hereinafter referred to as the "Closing"). With the exception of the provisions concerning reimbursement to Owner for direct out-of-pocket costs which may be incurred by Owner to transfer Easements D-1 and E-1 to District, and with the further exception of those costs to be reimbursed to Owner under the provisions of paragraphs 14, 15, 18, 19, 24 and 25, said payment shall be full compensation for the Property conveyed, Including all landscaping, trees, shrubs, improvements, and fixtures located thereon, and for any damages resulting to Owner's remaining lands, and for all other purposes in connection with conveyance of said Property to County and/or District. District shall reimburse Owner up to $4,800 for direct out-of-pocket costs incurred by Owner to transfer Easements D-1 and E-1 to District. Said payment shall be made in addition to the $110,530 referenced in paragraph 1, and shall be payable by County Warrant at Closing. Pdor 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 encumbrances from the Property upon their recording In the public records of Collier County, Florida. Owner shall provide such instruments, properly executed, to County and/or District on or before the date of Closing. 4. TIME IS OF THE ESSENCE. This Agreement shall be null and void, and of no further force or effect, unless Closing shall occur within ninety (90) days from the date County and District executes this Agreement; provided however, that County and/or District shall have the unilateral right to extend 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 County's and/or District's enjoyment of the Property. At Closing, County and/or District shall deliver the County Warrant to Owner and Owner shall deliver the conveyance Instruments to County and/or District in a form acceptable to County and/or District. 5. Owner is aware and understands that this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. Property Exchange and Design I Const .rpction Agreement Page 4 10.. 11. Owner represents that the Property and 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 transferred on the Property except as specifically disclosed in writing to the County and/or District; that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property to be sold to the County and/or District, that the Owner has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or Investigation regarding the generation, storage, treatment, spill or transfer of · hazardous substances on the Property. This provision shall survive Closing and is not deemed satisfied by conveyance of title. Owner shall indemnify, defend, save and hold harmless the County and District against and from, and to reimburse the County and/or District with respect to, any and all damages, claims, liabilities. laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the County and/or Distdct by reason or adsing out of the breach of Owner's representation under Paragraph 6. This provision shall survive Closing and is not deemed satisfied by conveyance of title. The County and/or District shall pay for all costs of recording the conveyance instrument in the Public Records of Collier County, Florida. All other costs associated with this transaction Including but not limited to transfer, documentary and intangible taxes, and recording costs for any curative instruments shall be borne and paid by Owner. Owner shall be responsible for paying any costs and/or fees associated with the secudng and recording of all Subordination, Consent & Joinder of Easement instruments relative to all mortgage(s) recorded against the Property from the mortgagee(s). The cost of a title commitment, if any, shall be paid by County and/or District. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the, parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, 'whenever the context so requires or admits. If the Owner holds the Property tn 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, Flodda Statutes, under oath, of the name and address of every person having a beneficial Interest in the Property before ~e Property held in such capacity is conveyed to County and/or District; its successors and assigns. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Fiodda Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) Distdct shall reimburse Owner for the cost of ahy landscaping on Easements C. D1, D2, E1 and E2, required by the Collier County Land Development Code, which would otherwise not be required had the existing vegetation not been destroyed as a result of the Installation and construction of the raw water main, and well pump stations within said easements. AUG Property Exchange and Design I Construction Agreement Page 5 12. 13. 14. 15. 16. 17. 18. 19. 20. Owner shall design, permit and construct the extension of the 12-inch diameter sewer force main which currently terminates on the west side of County Road CR- 951 between Davis Boulevard and Interstate 1-75, northward within the existing County Road CR-g51 right-of-way, to a point opposite the entrance to the water treatment plant, thence eastward across County Road CR-951 Installing an 8-inch diameter sewer force main to the northeast comer of Easement 'H,' thence southward with the Installation of said 8-inch force main to the southwest corner of Easement 'B.' The sewer line pipes described are sized for the maximum flows anticipated by the County from future sewer connections including an estimate for Citygate's sewer flow. Owner's design engineer will analyze and verify the total flows contributed by the future sewer connections in coordination with the County. Any sewer pipe downsizing necessary will have to be approved by the County. District reserves design review authority and the right to approve the final plans for the extension of the sewer force main prior to commencement of construction. Design plans will be deemed to be approved by District if no response is provided to Owner within thirty (30) days of Owner's submittal of design plans to District for approval. Upon Distrlct's approval of the final design plans for the extension of the sewer force main, District shall reimburse Owner for design expenses, including permit fees, in an amount not to exceed $42,000. Upon District's approval of the as-built construction plans and contractor's Invoices for the sewer force main extension, District shall reimburse Owner for construction costs and construction engineering inspection expenses in an amount not to exceed $323,000. Owner shall design, permit and construct the 20-inch and 10-inch potable water main which must be relocated from the existing White Lake Boulevard right-of-way to the proposed segment of White Lake Boulevard located within Easement "H." Distdct reserves design review authority and the right to approve the final plans for the extension of' the relocated 20-inch and 10-inch.potable water main prior to commencement of construction. Design plans will be deemed to be approved by District if no response is provided to Owner within thirty (30) days of Owner's submittal of design plans to District for approval. Upon DIstdct's approval of the final design plans for the extension of the relocated 20-inch and 10-inch potable water main, Distdct shall reimburse Owner for. design. expenses, including permit fees, in an amount not to exceed $12,500. Upon Distrtct's approval of the as-built construction plans and contractor's invoices for the relocated 20-inch and 10-inch potable water maln extension, District shall reimburse Owner for construction costs and construcUon engineering inspection expenses in an amount not to exceed $95,000. County shall acquire the right-of-way parcel (Exhibit 'K") from the record title holder of the White Lake PUD property in order to allow for the relocation of White Lake Boulevard from the existing plant access road, due south within Easement "H" and across the westerly tip of the White Lake PUD, connecting the new roadway with the existing roadway located within existing County right-of-way south of the White Lake PUD. Proparty Exchange and Design I Construction Agreement Page 6 21. 22. 23. 24. 25. 26. 27. 28. County shall pay all costs associated wilh the acqui~ion of the land described in Exhibit 'K,' including the purchase pdce, title work, recording fees, and any related incidental expenses associated with said acquisition. Notwithstanding the provisions of Paragraph 4, if for whatever reason, County or Owner are not able to acquire the right-ef-way described in Exhibit 'K", within forty-five (45) days from the execution of this Agreement, said closing date described in Paragraph 4 of this ^greement shall be automatically extended for self-renewing thirty (30) day intervals, until such time as the right-of-way can be acquired by County. Owner shall design, permit and construct the relocated segment of White Lake Boulevard from the existing plant access road due south within Easement "H' and across the westerly tip of the White Lake PUD connecting. the new roadway with the existing roadway located within existing County right-of-way. County reserves design review authority and the right to approve the final plans for the relocation of White Lake Boulevard prior to commencement of construction. Design plans will be deemed to be approved by County if no response is provided to Owner within thirty (30) days of Owner's submittal of design plans to County for approval. Upon County's approval of the final design plans for the relocation of White Lake Boulevard, District shall reimburse Owner for design expenses, including permit fees, in an amount not to exceed $36,000. Upon County's approval of the as-built construction plans and contractors invoices for the reDcation of White Lake Boulevard, District shall reimburse Owner for construction costs and construction engineering inspection expenses in an amount not to exceed $295,000. Upon the completion of construction of relocated White Lake Boulevard, County shall exchange that portion of existing White Lake Boulevard located west of the Relocated White Lake Boulevard right-of-way line. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and this written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants no{ contained herein. This Agreement is governed and construed in accordance with the laws of the State of Florida. Property Exchange end Design I Construction Agreement Page 7 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this ~ day of ,2000. AS TO COUNTY AND DISTRICT: DATED: · ATTEST: DWIGHT E. BROCK, Clerk Deputy Clerk AS TO OWNER: DATED: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, and as EXo OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER COPY TIMOTHY J. CONSTANTINE, Chairman Witness (Signature) Name: (Pdnt or Type) RICHARD K. BENNETT, TRUSTEE Witness (Signature) Name: (Print or Type) Approved as to form and legal sufficiency: Thor~a$ Pal~er' Asslatent County Attomey EXHIBITS "a" THROUGH 'K" (to be replaced with separate legal descriptions labeled Exhibits "A" through "K') (See drawing labeled "Easement Requirements") EXECUTIVE SUMMARY APPROVE THE MEDICAID WAIVER CONTINUATION CONTRACT 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' bail, elderly diems. CONSIDERATIONS: For the past 8 years, Collier County Services for Seniors has been providing in-home support services to Collier County's frail elderly through this state and federally funded program. This continuation contract for the period July 1, 2000 through June 30, 2001 will allow for the delivery of home and communiW based services such as homemaking, personal care, respite care, and case management ~ervices to the County's frail elderly preventing coyly and permanent nursing home care. The majority of these clients would be unable to remain in their homes without this help. The program requires no local matching funds. GROWTH MANAGEMENT: There is no growth management impact from this recommendation. FISCAL IMPACT: There is no fiscal impact from this recommendation. All budge~l costs are reimbursed through requests for payment (clairre) to the State of Florida Medicaid fiscal agent. This program requires no local cash matching funds. RECOMMENDATIONS: Staff recommends that the Board of County Commissioners approve the Medicaid Waiver Spending Authority Contract and authorize the Chairman to sign the contract. The contra~ has been reviewed and approved by the County Attorney. Date: Prepared By: , Jo~rell, Services for Seniors Accounting Technician Reviewed and ~ ,~ ~ j Approved by: //--'- .,,f. .. ~,~r'"'"---"~, . Date: //Nanci E. Lochner, Services for Seroors Program Manager Reviewed and Approved by: Reviewed and Approved by: Mart~Skinner, Social Services Director Leo E' Ochs, Jr~, rublic~ic& Adndnistrator 6/OO Contract No. ADAW.203.00 Medicaid Waiver Spending Authority Contract Area Agency on Aging for Southwest Florida, Inc,, d/b/a Senior Solutions for Southwest Florida THIS CONTILACT is entered into betxveen the Area Agency on Aging for Southwest Florida, d/b/a Senior Solutions for Southwest Florida, Inc., hereinafter referred to as the "area agency", and the Collier County Board of County Commissioners, hereinafter referred to as the "case management agency". The parties agree: I. The Case 51an, agement Agency Agrees: Request for Payment Service provider agencies should submit requests for payment (claims) to the Medicaid fiscal ~gent witi:in 60 days after services have been provided or docmnent reasons for delayed submission of claims xvhich will be made available to the Area Agency on Aging upon request; if the service provider fails to submit claims within 60 days and fails to document reasons 'for delayed submission as required, spending authority amounts may be adjusted to reflect the most current claim (expenditure) information available. Future allocation amounts may be contingent on timely submission of claims. Usual and customary rates for case management and case aide (if applicable) services to be provided by your agency are listed in Attachment I. Case management agency rate increases/decreases must be forwarded to the area agency along with justification for any increase. Service provider agencies should submit 081 void or adjustment claims no later than 45 days after the error has been identified. .Coullict of Iuterest The case management agency hereby agrees that it will develop and implement a policy to ensure that its employees, board members, management, and service providers, will avoid any conflict of interest or the appearance of a conflict of interest when disbursing or using the funds described in this a~eement or when contracting with another entity which will be paid by the funds described in this agreement. A conflict of interest includes, but is not limited to, receiving, or agreeing to receive, a direct or indirect benefit, or anything of value from a service provider, client, vendor, or any person wishing to benefit from the use or disbursement of funds. To avoid a conflict of interest, the case management agency must ensure that all individuals make a disclosure to the department of any relationship which may be a conflict of interest, within thirty (30) days of an individual's original appointment or placement on a board, or if the individual is serving as an incumbent, within thirty (30) days of the commencement of the contract. 6/O0 C. Contract No. ADAW.203.00 Audlt:~ and Records 1. ~1o maintain books, records, and documents (including electronic storage media) in accordance with generally accepted accounting procedures and practices which sufficiently and properly telleer all revenues and expenditures of funds provided by the area agency under all contracts under this agreement. To assure these records shall be subject at all reasonable times to inspection, review, audit, cop3', or removal from premises by state personnel and other personnel duly authorized by the area agency, Department of Elder Affairs, as well as by federal personnel, if applicable. To n]:dntain and file xvith the area agency such progress, fiscal and inventory and other reports as the area agency may require within the period of this agreement. Such reporting requirements n:t,.st bc rcasom~,ble given the scope and purpose of the contracts incorporating this agreement by 4. To include these aforementioned audit and record keeping requirements in all approved agrccn~ents and assignments. 5. The case management agency agrees to respond to requests for client information and statistical data lbr research and evaluative purposes when requested by the area agency. Monitoring 1. To provide progress reports, including data reporting requirements as specified by the area agency and Department of Elder Affairs. These reports will be used for monitoring progress or performance of the contractual services as specified in this agreepent. The case management agency .agrees to coordinate meetings with the service providers as requested by the area agency when it becomes evident that spending authority amounts are not being properly managed in accordance with this agreement. To permit persons duly authorized by the area agency and the Department of Elder Affairs to inspect any records, papers, documents, facilities, goods and services of the provider which are relevant to this agreement or the mission and statutory authority of the area agency or the Department of Elder Affairs, and/or interview any clients and employees of the case management agency to be assured of satisfactory performance of the terms and conditions of the contract. Following such inspection the area agency will deliver to the case management agency a list of its concerns with regard to the manner in which said goods or services are being provided. The case management agency will rectify all noted deficiencies provided by the area agency within the time set forth by the area agency, or provide the area agency with a reasonable and acceptable Agend~ I&em ~.!j$ 0 1 2000 6/00 Contract No. ADAW.203.00 .iustii2cation tbr the provider's failure to correct the noted shortcomings. The area agency shall determine whether such failure is reasonable and acceptable. The case management agency's failure to correct or.justify' deficiencies within a reasonable time as specified by the area agency ~22ax' result in the area agency taking any of the actions identified in the Enforcement section, or the case management agency's deeming the case management agency's failure to be a breach of contract. II. Spending Authority The area agency authorizes payment in accordance with Attachment 1 to this agreement in the amount of $8.4,803 for the Home and Community Based Medicaid Waiver for the first quarter of SFY 00-01. The area agency ha,s authorized payment in the amount of $n/a for the Consumer Directed Care Medicaid Waiver for tiao first quarter of SFY 00-01. The case management agency may, with prior written approval fi'om the area agency, move money between the Home and Commtmity Based Waiver and the Consumer Directcci ('::rc '3.'z~ix cr within the total allocated amount for both waivers. The area agcnc>' may alter the allocation formula to avoid deficit spending, ensure continuation of service to clients. and to ensure proper administration of the waiver throughout the PSA. Case manaL~ement agencies must not .exceed allocated spending authority .limits without first obtaining written autlaorization from the are.a agency on aging and/or The Department of Elder Affairs. Case management agencies are responsible for continued monitoring of service providers to facilitate compliance with this requirement. III. The Case .',lanagement Agency and Area Agency on Aging Mutually Agree: Efl'ective Date 1. This contract shall begin on both parties, whichever is later. July 1, 2000 or on the date the contract has been signed by 2. This contract shall end on June 30, 2001 go Special Provisions The Department of Elder Affairs is establishing criteria to prioritize new clients for service delivery. It is not the intent of the Department of Elder Affairs and/or the area agency to remove existing clieuts from any program in order to serve new clients being assessed and prioritized for service delivery. 1. The following assessment and prioritization for service delivery protocol will be used: (a) Abuse, Neglect and Exploitation: The case management agency will ensure that pursuant to Section 430.205(5), Florida Statutes, those elderly persons who are determined by adult protective services to be victims of abuse, neglect, or exploitation who are in need of immediate services, will be given primary consideration for receiving home and community-based services. Agenda I AUG 0 1 2000 6/00 Contract No. ADAW.203.00 As used in this subsection, "primary consideration" means that an assessment and services must conm~ence 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. (b) Priority Criteria for Service Delivery: (1) (2) (4) (5) 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 con2nunity; 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 enrollmentin the Long Term Care Community Diversion Project. (c) Priority Criteria for Service Delivery for Other Assessed Individuals: The assessment and provision of services should always consider the most cost effective means of service delivery. Functional impairment shall be determined through the department's client assessment form administered 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. Termination t: Termination at Will This agreement may be terminated by either party upon no less than thirty (30) calendar days notice, without cause, unless a lesser time is mutually agreed upon by both parties, in writing. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. Termination Because of Lack of Funds In the event funds to f'mance this agreement become unavailable, the area agency may terminate this agreement upon no less than twenty-four (24) hours notice in writing to the case management agency. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. The Department of Elder Affairs shall be the final authority as to the availability of funds. 6/00 Contract No. ADAW.203.00 Tc:mina'Jon for Breach U~:lcss the case management agency's breach is waived by the. area agency in writing, or the case m:.n'~;c~ nent agency ihils to cure the breach within the time specified by the area agency, the area a~c~cy n~a.v, by written notice to the case management agency, tenrfinate this agreement upon no Icss than twenty-four (24) hours notice. Said notice shall be delivered by certified mail, return receipt re. quested, or in person with proof of delivery. 4. The provisions herein do not limit the area agency's right to remedies at law or to damages, or to legal remedies of an equitable nature. Notice ant) Contact Information l. The name. address, and telephone number of the contract manager for the area agency for this co;~t:',tct is: Terry F. White, Executive Director Area Agency on Aging for Southwest Florida, Inc. &&/a Senior Solutions for Southwest Florida 2285 First Street Fort Myers, Florida 33901 (941) 332-4233 2. The hume, address, and telephone number of the representative of the area agency on aging rcsponsib!e for administration of the program under this contact is: Nanci Lochner, Program Supervisor Collier County Services for Seniors Collier County Government Complex .3301 Tamiami Trail East, Building H (941)774-8443 tiao event different representatives are designated by either party after execution of this contr:tct, notice of the name and address of the new representative will be renderbd in writing to other party and said notification attached to originals of this contract. 5 J 2000 J 6/00 Contract No. ADAW.203.00 IN WITNESS THEREOF, the parties hereto have caused this 7 undersig-ned oti, icia!3: as duly authorized. __page contract to be executed by' their CASE MANAGE3. iENT AGENCY AREA AGENCY ON AGING: Area Agency on Aging for Southwest Florida BOARD PRESIDENT OR AUTHORIZED DESIGNEE SIGNED BY: NAME: Timothy J. Constantine TITLE: Ch2irr!'~an-.Board ef Ceunty Commissioners DATE: June 30. FEDERAL !D NL'*iBER: .596000538 SIGNED BY: blAME: Ginger D. Koch TITLE: Board President DATE: June 30, 2000 Approved as re legal form and sufficiency: k~ro blana lic~ Chief Assistant County Attorney 6 Age ALiG 0 1 2000 Pg · .~.--~_ .__..__ 6/00 Contract No. ADAW.203.00 Attachment 1 Services to be provided: Case Management - Services xvhich will assist individuals who receive waiver services in gaining access to needed waiver and other State plan services, as well as needed medical, social, educational and other services, regardless or'the funding source for the services to which access is gained. Case managers sixall be responsible for ongoing monitoring of the provision of services included in the individual's plan of care. Case managers shall initiate and oversee the process of assessment and reassessment oi the individual's plan of care and the review of plans of care at such intervals as are specified in the Slate of' Florida Agency for Health Care Administration Home and Community Based Waiver For Aged DisabIed Adult Services 1915(c) Medicaid Waiver Renewal Request, dated May ] 9gl8. Case Aide - Cas,~~ Aid services are provided by paraprofessionals under the direction of case managers· Case Aides maximize the productivity of case managers through the use of more cost effective assistants tbr routine nonprofessional tasks. Case aides will not formulate care plans of perform needs assessments or reassessments. Case aides services include: assistance with implementing plans of care, oversight and supervision of provial, e,: training activities, facilitating links of providers with recipients via telephone contacts and visits. CASE 5IANAGEMENT AGENCY UNIT RATES - FISCAL YEAR 2000-2001 Case Management Agency: Collier Coullt¥ Services for Seniors County Served' Collier Case Management Unit Rate: $ 43.60 / hour Case Aide Unit Rate: $ n/a / hour PLEASE' NOTE: The Medicaid billing agent will pay an organization's usual and customary rate for service or the maximum rate allowed by Medicaid, whichever is lower. Currently the maximum ADA l~/aiver rates allowed by Medicaid are as./bllows.' Case Management: $45.00/hour Case Aide: $21. O0 / hour 7 EXECUTIVE SUMMARY APPROVE A REVISED COLLIER COUNTY PUBLIC LIBRARY FINES AND FEES SCHEDULE. OBJECTIVE: To repeal Resolution No. 95-684 which lists the Library Fines and Fees, and adopt the attached resolution. CONSIDERATIONS: Library fines and fees were last modified in December 1995. The title of audio books now includes both books on cassette and books on compact disk. The overdue fine for audio books is 10¢ per day, with a maximum fine of $5.00 per item. Non-current peri- odicals have been added to Library circulating collections, with the overdue fine of 10¢ per day and a maximum fine of $2.50 per item. Nintendo games have been deleted from Library circulating collections. Maximum overdue fines for video cassettes, juvenile filmstrips, and cd-rom software have been standardized at $5 per item. Maximum overdue fines for refer- ence materials has been established at $25 per item. The Library Advisory Board has reviewed and recommends approval of this fee schedule. FISCAL IMPACT: Approval of the revised Fines and Fees Schedule will have minimal impact on the FY2000 General Fund Budget of the Collier County Public Library. Anticipated revenue from Library Fines and Fees is estimated as $175,000 in FY 2000 General Fund Budget. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners approve Resolution 2000- providing a revised Library Fines and Fees Schedule. Marilyn Mat~es~'As~istant Library Director Reviewed and ~, ('~ ~ r~ / ~/~ Approved by: _,\ ,~do--ua ,,-k,\ c~9_,% DATE: Joh%!ones, Li a~ Director Reviewed and ~ ~'..>~ Approved by: DATE: Leo O~hs, Jr., Publ~rvices Administrator AUG 0 1 RESOLUTION NO. 2000. RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, MODIFYING COLLIER COUNTY PUBLIC LIBRARY POLICY REGARDING FINES AND FEES WHEREAS, the Collier County Public Library policies of November, 1993, provide for fines and fees to be established for the use of Collier County Public Library; and WHEREAS, Collier County Ordinance No. 93-86 provides that the Collier County Library Advisory Board shall furnish budget recommendations to the Collier County Board of County Commissioners for the forthcoming fiscal year for the operation of the Collier County Library system; and WHEREAS, Collier County Ordinance No. 93-86 provides that the Collier County Library Director shall prepare the annual budget of the library system in accordance with the recommendations of the Collier County Library Advisory Board; and WHEREAS, the Collier County Library Advisory Board has recommended the Collier County Board of County Commissioners modify library fees and fines; and WHEREAS, Collier County Public Library now circulates materials not included on the previous list oi" fines and fees; and WHEREAS, the Board of County Commissioners has adopted the Fiscal Year 99-00 general fund budget of the Collier County Public Library; and WHEREAS. the revenue projections of the Collier County Public Library considered the' implementation of this revised fine and fee schedule; and WHEREAS, Collier County does incur certain costs and expenses in providing facilities and services to the library patrons of Collier County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA, that: 1. The following fine and fee schedule is hereby approved and required for all users of the Collier County Public Library: a. Overdue fines for hardback books, audio books, compact disks, and CD- ROMS shall be 10 cents ($0.10) per day, with a maximum charge of five dollars ($5.00) per i~:em; Overdue fines for paperback books in collections and non- current periodicals shall be 10 cents ($0.10) per day, with a maximum charge of two dollars and fifty cents ($2.50); Overdue fines for videocassettes, DVD-video, and filmstrips shall be one dollar ($1.00) per day and a maximum charge of five dollars ($5.00) per item kept overdue; Overdue fines for films borrowed from the State Library shall be one dollar ($1.00) per hour, with a maximum charge of twenty-five dollars ($25.00) per item; Overdue fines for Reference Materials shall be one dollar ($1.00) per hour with a maximum charge of twenty-five dollars ($25.00) per item. b. The fee for a replacement or damaged library card shall be one dollar ($1.00); The fee for a forgotten card shall be twenty-five ($0.25) cents; The fee for replacement processing shall be two dollars and fifty cents ($2.50) per item; The fee for returning a video cassette to the wrong location shall be one dollar ($1.00). The fee charged for a lost or damaged film borrowed from the State Library shall be between one hundred twenty-five dollars ($125) and fifteen hundred dollars ($1500), which is the actual cost to repair or replace the item as determined by the State Library. [- L Agend.~ ];[em No._/e, - b, - AUG o I 2000 FEES: FINES AND FEES SCHEDULE Collier County Public Library April 26, 2000 Database search Forgotten library card Laser Printer Output Lost/damaged Film Fee for State Library Films Maximum Fine before Library Service is denied Microfilm Printouts Non-Resident Library Card Patron a s char es over $20 . $0.25 each time $0.10 per page $125-$1,500 (Set by State Library) $5.00 $0.25 per page $6.00 per 3 months $12.00 per 6 months $18.00 per 9 months $24.00 per 12 months Photocopies $0. I 0 each Repair and/or replacement of damaged media boxes, bags, or $1.00 book covers Replacement cost of lost or damaged materials Actual cost or default listed under Fines $I.OO Replacement of a lost or dama,zed library card Replacement Processinc fee for lost or damaged items Videocassette rewindin,.: Videocassette retu,'ned to the wrong location $2.50 per item $0.50 $1.00 FINES: ITEM I.OAN FINE MAXIMUM REPLACEMENT COST LIMIT RESERVE RENEW I'I';RIOI) PER DAY FINE Books- Fiction 3 week.'~- 10¢ $5.00 Actual or $20 default No limit'- Yes I Books-Non-Fiction 3 weeks 10¢ $5.00 Actual or $20 default 3 per subject Yes 1 Best Sellers & High I week 10¢ $5.00 Actual or $20 default No limit Yes I Demand Readers Express I week 10¢ $5.00 Actual or $20 default No limit No No Paperback Collection 3 weeks 10¢ $2.50 Actual or $5 default No limit Yes 1 Audio Books 3 weeks 10¢ $5.00 Actual or $10 default 6 items Yes 1 CDs I week 10¢ $5.00 Actual or $5 default 6 items Yes 1 CD-ROMs I week I0¢ $5.00 Actual or $20 default 6 items Yes I Video Cassettes 2 days $1.00 $5.00 Actual or $20 default 3 videos, · No 1 A. Feature Films onlyr-i:, i! : Video Cassettes I week $1.00 $5.00 Actual or $20 default From either: Yes 1 B. Series, How to, A~'or B~' ;.'i ;i. Instructional i;: :' Juvenile Filmstrips 1 week $1.00 $5.00 Actual or $35 default No limit Yes 1 Periodicals, Non- 3 weeks 10¢ $2.50 Cover price 6 items No 1 current (Select locations only) Reference Materials Over $ I per $25 Actual or $20 default I item No No (With special night hour permission only) Films: (Set by the Set by $1.00 $25.00 Actual Cost No limit Yes No State Library) State Approved as to form and legal sufficienc' Thomas C. P~lmer Assistant County A~lorney N°'~L~'~ [ AUG 0 1 2000 | c. The fee charged for a photocopy or laser printer output shall be ten cents ($0.10) per pa,-3e; The fee charged for a microfilm printout shall be twenty-five cents ($0.25) per page. The fee charged to repair or replace damaged media boxes, bags, or book covers shall be one dollar ($1.00) per item. d. The fee charged for video cassettes which have not been rewound by the patron shall be fifty cents ($0.50) per cassette; The cost of data base searches exceeding twenty dollars ($20.00) shall be paid by the patron requesting the search. e. Service shall be denied to patrons owing a minimum of five dollars ($5.00). f. The fee for non-resident library cards shall be six dollars ($6.00) per quarter, twelve dollars ($12.00) per six month, eighteen dollars ($18.00) per nine months and twenty-four dollars ($24,00) per year. 2. This Resolution repeals Collier County Library Fines and Fees adopted by Reso!ution No. 95-684, approved on December 12, 1995. 3. The fines and fees addressed herein shall be effective on the day following the adoption of this Resolution. This Resolution adopted after motion, second and majority vote by the Board of County Commissioners of Collier County, Florida, this day of ,2000. DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Deputy Clerk Approved as to Form and Legal Sufficiency Thomas C. Palmer Assistant County Attorney By TIMOTHY J. CONSTANTINE, Chairman Agenda NO ,~ AUG 0 1 2000 EXECILITIVE SUMMARY AWARD OF BID 00-3104 TO INSTALL SPORTS LIGHTING Objective: To award Bid to the recommended bidder to install sports lighting at the soccer fields at Eagle Lakes Park and Immokalee Aquatic Facility. Consideration: Bid 00-3104 was posted on June 26, 2000 with invitations to bid sent to 62 vendors. Two vendors submitted proposals: Bentley Electric and Gulf States Electric. The two quotes were submitted as follows: Bentley Electric Company, Inc. Gulf States Electric $ 242,566 $ 2O2,470 Staff has reviewed the quotes received and recommends award to Gulf States Electric as the lowest, qualified and responsive quote that can meet the required timeframe. Fiscal Impact: Funds are budgeted in Parks and Recreation Impact Fees Fund. Growth Management: None Recommendation: That the Board of County Commissioners award bid to Gulf States Electric in the amount ?-of $ 202,470. Prepared by: ~/~J~ Date: Debbie Roberts, Operations Coordinator Department of Parks and Recreation Reviewed and 7~/~ff~~ ~,~,,4 Approved by: Date: DMarla Ram~eyf,p~Director R~ /. epartment o arks and ecreat~on 7- 2o - o w Reviewed and Approved by: Gwen Butler, Interim Director Department of Purchasing Reviewed and Approved by: _ Date: Leo Ochs Jr., Adminis~tj~ Division of Public Date: Ag~nd~l IltM . AUG. 0 1 2000 . EXECUTIVE SUMMARY APPROVE BUDGET AMENDMENT TO RECOGNIZE TOWER LEASE REVENUE Objective: To obtain Board approval of a budget amendment to recognize revenue from a Tower Lease site at Vineyards Community Park. Consideration: In accordance with the Lease Agreement for a tower site at Vineyards Community Park. PrimeCo Personal Communications, Inc. has paid their yearly lease of $14,000.00 which 80% of ($11,200.00) was deposited into MSTD General Fund revenue account for Parks and Recreation. The other 20% was deposited into MSTD General Fund for Franchise Regulation. The attached budget amendment recognizes the Parks and Recreation Department's portion of the rental revenue and appropriates it into the proper account so that Staff may utilize the funds for entrance and side walk lighting improvements to the Vineyards Community Park site. Fiscal Impact: Recognize revenue and appropriate it into MSTD General Fund, Vineyards Community park, Capital Improvements - General. Growth Management: None Recommendation: amendment. That the Board of County Commissioners approve the necessary budget Prepared by: C/~,/q'. ~-~~ ~ /ames Fitzek, C~per[~ions Manager C/Parks and Recreation Department Date: da;n} c ;e a iroe t e p Jm e nt Approved by: ~ ~'~fi(~.~ Date: LeoX)chs, Jr., A~lfiai91istrator' Public Services DirTsion EXECUTIVE SUMMARY APPROVE AGREEMENTS WITH PERFORMERS FOR COUNTRY JAMBOREE Objective: That the Board of County Commissioners approve an agreement with John Anderson for a performance at the Country Jamboree and authorize staff to select additional entertainer/entertainers, negotiate the associated contracts, and authorize the Chairman to execute those contracts once approved by staff and the County Attorney. Consideration: Staff has negotiated a contract for the sum of $25,000 with John Anderson, who will headline the Country Jamboree, on Friday, September 15, 2000. Staff is still negotiating contracts for two additional entertainers to perform Saturday, September 16, 2000. The sum of these two additional contracts will not exceed $20,000. The County will provide the standard arrangements of the music industry while the performers are in town. These terms include living arrangements, as well as special technical details such as special lighting arrangements. Many area businesses will provide accommodation and amenities through in-kind donations. Growth Management: None Fiscal Impact: Appropriate funds are budgeted for the performers in the Parks and Recreation Budget. Recommendation: That the Board of County Commissioners: 1.) Authorize the Chairman to execute said agreement with John Anderson in the amount of $25,000. 2.) Authorize staff to select additional entertainer/entertainers, negotiate the associated contracts, and authorize the Chairman to execute those contracts once approved by staff and the County Attorney. Prepared by: ~/~/~,..~ ,/~'~ ~ ///n~es Fit~ek, Op~r~/ti~ns l~anager v Department of Parks and Recreation Reviewed and ~ Approved by: Maria Ramseyl Di(e~:tor Department of Parks and,,~R/ecreation Reviewed and Approved by: Leo Ochs, Jr., A~i~ni4ator Division of Pub ic~ices Date: Date: i AUG o The ENGAGEMENT AGREEMENT Roberts.osT Bobby Gooo. av,. . Company, Inc ~ ~9 MEADOW~RK ~NE.GOODLE~SVILLE. TN 37072 (615) 859-8899 FAX (615) 859-2200 AGREEMENT made this 21 day of JTJNE (herein referred to as Artist) and$A]~.;S FITZEK a. Venue: VINEYARDS COMMUNITY PARK 2000 ,between 3OHN ANDERSON INC. FID# 62-11212: (herein referred to as Purchaser). b. Address: NAPLES t FL. DATE(S) OF ENGAGEMENT: a. Date(s) ~'RIDAY, SEPTEMBER !5, 2.000 b. Showtime(s) 7BA c. Length: TBA Please fill in exact location and time(s) of show. Artist is not liable if time and location are not inserted on contract when fully executed. JOB DESCRIPTION: OUTDOOR SHOW Number of Performances: 1 ARTIST-INDEPENDENT CONTRACTOR Artist shall at all times have complete supervision, direction and control over the service of his personnel on this engagement and expressly reserves the right to control the manner, means and details of the performance of services to fulfill the entertainment requirements. The Artist executes this agreement as an independent contractor, not as an employee of the Purchaser. 5. CONTRACT PRICE: (in U.S. Dollars) $25 t 000.00 6o DEPOSIT RECEIVED a. Unless otherwise specified, contract price shall include agent's commission. b. Contract price is to be paid as follows: Date BINDER of .~ 12; 500. OO to be received on or before 0~- 10-00 DEPOSIT of to be received on or before Amount Binde?_, and ~.~ I~{nade payable to the Bobby Roberts Company, Inc. Escrow Account by money order, cashier s che'-ck-6r ~er-T~fi~d 6heck. BALANCE of$12,500.00is due upon demand on day of engagement in ~ check made payable to the Artist, THIS BALANCE IS GUARANTEED RAIN OR SHINE. No personal checks will be accepted.r~' c, TICKET PRICES: d, CAPACITY: 10,000 e. GROSS POTENTIAL: IF THE ACTUAL TICKET PRICE OR CAPACITY VARIES FROM THAT STATED IN THIS CONTRACT, THEN THIS AGREEMENT IS VOID OTHER CONSIDERATIONS: a. If a contract rider is attached, that rider is a part of this contract, and it must be reviewed, signed by Purchaser and returned to the Artist'= representative with this contract. In the event of conflict between the provision(s) of this contract and said rider, the provision(s) of the said rider shall govern. b. Any appearance for any reason whatsoever other than herein stated times and places must be approved by Artist prior to show date. If agreed upon, it must be inserted in contract. c. SPECIAL PROVISIONS: BT__"F~-"_~_ $r__l?pT:T'~.,q .~01'_~l~TD ~, T.Tf".J-I~.~_ ARTT~T R'[TPPT.T'F.R RANT~ ANT) 7. THIS ENGAGEMENT IS NOTTO BE ADVERTISED OR PUBLICIZED IN ANY MANNER OR FORM UNTILTHIS CONTRACT IS FULLY PROCESSED AND SIGNED BY BOTH PARTIES. THIS CONTRACT BECOMES VOID IF PURCHASER FAILS TO SIGN AND RETURN SAME WITHIN 10 DAYS OF DATE ISSUED. DO NOT SIGN UNTILYOU HAVE READ BOTH FRONT AND BACK OFTHIS AGREEMENT AND ALL RIDERS. -~ We acknowledge and confirm that we have read and approved the terms and conditions set forth in this contract. l Artist Signature __ ,, .... Artist Name Tn__m~, A.L~_ER$ON Address -T~[~- BOBBY ROBE~ CO~[-~, P.O. BOX 1547 J Ci¥State ~DLE~SVI LLE ~ Agent BRI~ JO~S BE IT FURTHER AGREED ADDmONAL PROVISIONS MADE PART OFTHIS CONTRACT ALL A'R'ACHED RIDERS ARE PART OF THIS CONTRACT In the event of sickness or of accident to Artist, or if a performance is prevented, rendered impossible or ~'r',f§asit~le by any act or regulation of any public authority or bureau, civil tumult, strike, epidemic. interruptien in or delay os- transportation services, war conditions or emergencies or any cause beyond the control of Artist's, it. is understoo and:agreed that there shall be no claim for damages by either party to this contract and Artist's obligation as to such performances shall be deemed waived. In the event of such non-performance for any of the reasons stated in this paragraph, the monies (if any) advanced to Artist hereunder, shall be returned on a pro-rata basis. Inclement weather rendering performance impossible or infeasible shall not be deemed an emergency and payment of the agreed upon compensation shall :be made notwithstanding; provided, however, Artist is ready, willing and able to perform pursuant to the terms hereof. 10. If, on'or'before the date of any scheduled performance, Purchaser has failed, neglected or refused to perform any con.tr.a.c.! .w. ith. _an.y:o_the_cr p~rf/o. rmer for any earlier engagement, or if the financial standing or credit of Purchaser has been impaired or is unsatisfactory, Artist shall have the right to demand the payment of the guaranteed compensation forthwith; If Purchaser'fails or refuses to make such payment forthwith, Artist shall have the right 'to cancel'this engagement by notice to Purchaser to that effect, and in such event, Artist shall retain any amounts theretofore paid to Artist by Purchaser, and the liquid damages provisions described in Paragraph 13 below shall also apply to the can- celled engagement. ~ 11.IT IS EXPRESSLY AGREED THAT.THE BOBBY ROBERTS COMPANY, INC. ACTS HEREIN AS AGENT FOR ARTIST OR PURCHASER. IN FURTHERANCE THEREOF AND FOR THE BEHEFIT OF THE BOBBY ROBERTS COMPANY, INC. IT IS AGREED THAT NEITHER PURCHASER NOR ARTIST WILL NAIViE OR JOIN THE BOBBY ROBERTS COMPANY, INC. AS A PARTY' IN ANY CIVIL ACTION OR SUIT ARISING OUT OF, IN CONNECTION WITH OR RELATED TO ANY ACTS OF COMMISSION OR OMISSION PURSUANT TO THIS AGREEIVIENT BY EITHER PURCHASER OR ARTIST. 12. If Purchaser engages the Artist for a future performance within twelve months of the actual performance engagement date on this contract, without utilizing The Bobby Roberts Company, Inc. as the agency, then the Artist and/or the Purchaser shall be liable to pay The Bobby Roberts .Company, Inc. ten percent (10%) of the gross contract price paid to Artist by Pt~'r'chaser. 13. LIQUID DAMAGES: In the event Purchaser cancels the engagement at any time befo¢~d~"m'~i~c the deposit specified on Page One, Paragraph 5, Purchaser shall nevertheless pay Artist the balance of the minimum guarantee specified on Page One, Paragraph 5 as liquidated damages and Purchaser shall by such payment be relieved of further liab:,ti;y ~or s.,.:ch cancellation. Failure of Purchaser to pay said amount within seven (7) days of such cancellation shall entitle Artist to sue. not or~i,/f.~r the balance of such minimum guarantee, but also for such other relief and damages as are _approp¢~.ate under the circumstances. ~ '%, . ~,~.0.~..,,~,.-~_~.~ ...... -. e¢,~. In the event that Artist or Agent must resort to litiga- tion to enforce this Agreement, all reasonable costs of col!action, including reasonable attorney's fees, ccurt costs and related liti- 15. This contract cannot be assigned or transferred without the written consent of ArtisL It contains the complete understandingof. the parties,hereto and may not be.amendedl su. pplemented, varied or d.ischarged, except by an instrument in writing. This contract is 'not binding upon the parties until executed and delivered by Artist or his designee to Purchaser. The terms "Artist" and 'Purchaser* as used herein shall include and apply to the singular and the plural and to all genders. 16. No performance on the engagement shall be recorded, reproduced or transmitted from the place of pedorh~ance. in any manner or by any means whatsoever, in the absence Of a specific written agreement with the Artist relating to and permitting such recording, reproduction' Or tran§mission. Any radio or TV appearances in conjunction with this contract must have prior approval by Artist and inserted in contract. 17. If this contract covers dates to be played in one of the Canadian Provinces, contract valid only when it is accompanied by complet- ed "Application For The Entry of Entertainers" form :supplied by the Canadian Government. 18. If any of the provisions h'ere0f are determined to be void by a court of competent jurisdiction, tile rem&i~il}d i;~'~ht~lk~sh8il . remain in full fdrce and effect.,-. j ~ NO,~ 19. Race;pt of this contract by Purchaser and oommenc,e_men, of ~e .engagera;;;-'s~;'l; be deemed acce~tar~Ue~ i~urc~a[~P~o, all tbrms and conditions;herein, mgardiess of Purchaser s failure to sign and-return this contract~L- Pg · "~ ' JOHN ANDERSON Rider to ccapxact dated ~'o~/-,~Oe~ , between $OHN ANDERSON, herein referred to as ARTIST, and This rider and the $pe~ifie~om herein ate deemed necessary by ARTIST in order to presem the best poss~le show aad is part of the ARTIST'S conu'~ as is fully set forth gzreim Should the BUYER have say problems ful~1I~g any itrm GOODLETTSVILLE, TN 37070-1547, (615) 859- 8899, FAX (615) $59-2200. 1. Any examact returned with the Hder tmammbed, umigned, or altered in a~y way without negotiations and writtin cons~t from tbe ARTIST shah make the contract null and voM and shah be deemed reason for h,,,aediate cancellation of th~ sp~Lfled engagement 2. BUYER shall mak~ deposits ofth~ gearam~ as specified on th~ contract in the form ofa ~ ~H~CK payable to THE BOBBY ROBERTS COMPANY, INC. ESCROW ACCOUNT at either P.O. Box 1547, Gcodl~tsville, TN 37070-1547 for regular mail, or 909 Meadow Lark ~ Goodlcttsville, TN 37072 for express mail. Iftbe date oftbe engagmxm is within thirty (30) days, the BUYER must make the deposit by bank ~ transfer to THE BOBBY ROBERTS COMPANY, INC. ESCROW ACCOUNT, AreSouth Bank, Birmingham, AL 35288, Acc. oum #1000-132-184, Federal Bank Routing Number (ABA) 062-0000-19. BUYER shall not have the right to announce, advertise, promote or sell tickets until deposit is received by THE BOBBY ROBERTS COMPANY, INC. BALANCE ofcomract shall be paid, upon demamt, day of show, in the forth of CASH OR CASHIER'S CHECK made payable to JOHN ANDERSON. 3. BUYER agrees to provide, at his own expense, all materials, all necessa~ stage ~:I technical ~uipment, a sotrod system adequate for venue, stagehands, loaders, staging, rigging, services, all necessary liceroes, advertising and publicizing, for each performance scheduled. BUYER also agrees to accept respons~ility for the theft of, and/or the damage to any of ARTIST'S property by ~ persom'l¢l furnished by the BUYER. 4. ARTIST provides a compile show, and has fig right to approve any opening acts. ARTIST shall receive 100% headline billing in any and all advertising and publicity, and shall close the show at each performance., ual~a.s otherwise specified. 5. The BUYER shall not commit the ARTIST to any personal appemances, interviews, or ~ other type of pmmo6on. Promotion for the ARTIST will be coordimted by: TIlE BOBBY ROBERTS COMPANY, INC., P.O. BOX 1547, GOODLETTSVILLE, TN 37070-1547, (615) 859-8899, FAX (615) 859- 2200. 6. Recording, taping, broadcasting, or filming of ARTIST'S performance will NOT be permitted without an express written agreermmt with ARTIST and THE BOBBY ROBERTS COMPANY, INC. 7. ARTIST or ARTIST'S iica~see shall have the exclusive right to sell advertise, promote and distribute in and about the venue any and all merchandLse bearing ARTIST'S name and/or likeness, including but not limited to souvenir program books, pictre'es, records, items of clothing .~an~l_jew. eiry, n:c~ip~s derived from tbe sale of said rner~hamfise ~. INITIALS AUG 0 1 2000 STAGE: 1. 2. 3. 4. 5. JOHN ANDKitSON T~CitNIC. AL REQU]RKMENTS Stage shah be a solid interlocked constru~cn minimum 40' X :30' X 4', level and ftze off holes or gaps. Sound wings allall be _ _~*~uous with stage, minimum 12' X S' X 4'. For outdoor concerts, a covm'in8 at least 20' above stage. ~_n, be provided. A drum riser shah be 8' X a' X 2' of solid imerlocked censtructim. Andersen's Slx~. SOUND: A. A proCessimal sound system consisting off at least three-way hotrse speaker cabinets providing Rdl frequency response evenly distribut~ acnass the sound spectrum and delivered evmly to the ~-,&e audience. B. Adequate power to deliver at least 120 DB offcxmtinuous sound with an absoFate rn/nimum of total harm~e distortion. Sound system must be able to ~ a sound pressure level off at least 100 DB at the rear of the HOUSE MIXING CONSOLE: A forty (40) c~m~l erasole main hot~ console is require. Ym PM 3000 or 4000 ~ ~ pr~ Only those of'equal or bett~ quality v~ be acceptS. HOUSE OUTBOARD GEAR: 5 Chann~ o~noisesates I One.4~d (I/'3) Octave EQ per side (i.e. White, Clark Telmik) ~ Channe~ ~r/~r (OnA, Astdey, ~m, Urn) ! DJ~! Detay (oeita Lab, Lexi~n) I ~ (3) Way Cr--,~sover (Brooks Siren, Ashley, Lott) (3) Digital Rm, e.b Units (Yamaha, Lexicon) HOUSE CABINETS: Three (:3) Way electronically crossed over/BL or comparable system (i.e. Eastern acoustic KF 850) Sub Cabinets are appreciated in additicrt to the above. AMPS: Adequate amplifiers to service the above house and monitor cabinets (Yamaha, Crest, QSC, .rBL, Cmww, Crown) MONITOR CONSOLE: A forty (40) channel console minitot console is required. quality will be a~_epmd. Yamaha, Ratn~. or equivalent. Only those crfequal or beam' OUTBOARD MONITOR GEAR: One (1) compressor/L'uniter (~ m kick drum). One (!) Reverb unit. STAGE MONITORS: A Minimum of 10 separate discrete mixes. At least elevm (11) 45 destee near ~ floor monitors comaMing either two (2) twelve inch (12") JBL with me (I) two inch (2") JBL driver or one (1) fiReen inch (15'7 JBL wi~ one (I) tw~ inch (2")/BL. One-third (I/3) Octave EQ per mix. All mmitors must be bi-amped or tri-amped. One tach 1") drivers are not acceptable. No nwnAt, S AUB O 1 20,00 JOHN ANDERSON 'IT.,CHNICAL REQ~ (COl'~I~D) Sidefills titme (3) way, loaded with (2) fitteen inch 05') JBL's, me (1) tweive inch (12"). and one (I) two inch (2') ~ve~ t=~'r s~ (J'gt, or ~). MICROPHONES: One (I) MSS Four (4) SM~S's S~x (6) SM~7's Four (4) EV408's or SN421's Three (3) Condrainers SM81's Four (4) Active/Direct Boxes Four (4) Vocal Boom Stands Two (2) Overhead B4~m Stands One (1) Short Kick Boom Stand One (1) Short Snare Boom Stand One (I) Hi-I-L~t Boom Stand LIGHTING: ~ ,~.~ t~s o)_ · ~mmmm ,,, =,__ ___ ...._. ......~ ,._;. par 1000 cn split Front and Back Truss Two (nine lisht) audience blinders, one per side downsCase crumre, MANDATORY. Forty-Eisht (48) Cimnuel, two (2) scene con.~de with Bump B,_~c, pin matrix and sequencer (i.e. L~prccm) .~ColiAE, Colortran, S~x~.r) Wired ctea~-c~m. POWER: Sound: Power service not less thaa 100 amps, 3 phase at 120/208 voks, no more than 75 Feet From t. Be ~,~ and on a separate transformer fi'~m the lighting service. Lighting: Power service not less ~, 400 amps, 3 phase at 120/208 volts, no more than 75 ~ fi-om the stage and on a ~ ~ from the sound system service. PURCHASER'S }),HTIAL$ ARE REOUI]~..ED ON EACH PAGE. Dated ACCEPTED AND AGREED TO: DATED: JOHN ANDERSON, INC., PER BOBBY ROBERTS John Anderson & the John Anderson Band Tommy ~AC ~ mix6 I1 advance: Woody Wood 270 928 2762 v/f E-mail: woodyxwood~aol.com We provide all Mics and Di', for OUR band. We will need from you: 4 vocal booms, 2 overhead booms, 1 straight (no boom), all without clips. We also use YOUR Mic cables. Our band DOES NOT share backline equipment, including Drums. I. KICK -GATE 2. SNARE 3. HAT -48V 4. RACK1 -48V/GATE 5. RACK2 -48V/GATE 6. RACK3 -48V/GATE 7. FLOOR .48V/GATE 8. OH SR -48V 9. OH SL 48V 10. BASS -COMPRESSOR 11. STEEL 12. VERb[ GTR L 13. VERN GTR R 14. FIDDLE 15. JOE GTR 16. MANDOLIN -48V 17. BANJO -48V 18. JA GTR 19. KEY (NO PHANTOM!) 20. KEY (NO PHANTOM!) 21. JOE VOCAL -COMPRESSOR 22.JOHN VOCAL- COMPRESSOR 23. MIKE VOCAL -COMPRESSOR 24. DAREL VOCAL COMPRESSOR **Please'provide 3 reverbs and I delay unit in addition to the 5 gates and compressors FOH. JOHN ANDERSON BAND ROOM LIST JOHN ANDERSON (NON SMOKING) WOODY WOOD(RD MGR. )/JOE SPIVEY VERN PILDER/GLEN RUIEF MIKE ANDERSON/TOMMY RIVELLI DAREL D¢COUNTER/X LINCOLN SCOTT WHALEY/TIM PUCKETT TIM ANDERSON/BILL WALL Pr.~_ASE CALL OR FAX WOODY WOOD, 270-928-2762, IF YOU HAVE ANY QUESTIONS. E-MAn', WOODYXW~OL.C'X:~ AUG 0 1 pg · ?~ __ MEMORANDUM To: From: Through: D;~te: Re: Commissioner Timothy J. Constantine, Chairman, District #3 Commissioner James D. Carter, Ph.D., Vice-Chairman, District #2 · Commissioner Barbara B. Berry, District #5 Commissioner Pamela $. Mac'Kie, District #4 Commissioner David E. Brandt, District #1 Thomas OI/~f~ County Manager Ramiro Ma~alich, Chief Assistant County Attorney David C. Weigel, County Attorney July 31, 2000 August 1, 2000 Agenda Item #16.d.6 (Approve agreements with performers for Country Jamboree) As a supplement to the agenda package for the above mentioned item, please find correspondence between Assistant County Attorney Tom Palmer and Mr. Brian Jones, agent for performer John Anderson. The correspondence confirms that the charge for the entertainer's performance at the Country Jamboree shall be paid by the County at the time of the performance and not before the performance. This change to the contract will ensure that Collier County complies with the legal requirement of only paying for goods and services which are actually delivered. This is provided for your clarification and information about this consent agenda item. RM:dja cc: Mr. Brian Jones Tom Palmer, Assistant County Attorney July 31, 2000 Mr. Brian Jones, Agent 909 Meadowlark Lane Goodlettsville, TN 37070 BY FAX: (615) 859-2200 RE: Amendment to "Engagement Agreement" for performance in Naples, Florida on Friday, September 15, 2000. Dear Mr. Jones: This is to confirm that Collier County, a political subdivision of the State of Florida, will not be forwarding a BINDER to The Bobby.Roberts Company, Inc. as was specified in subparagraph 5(b) of the "Engagement Agreement." As a matter of Florida Law, Collier County, a Florida County, cannot forward a BINDER because of restriction that apply to treatment of public funds (taxpayers' money). As you authorized me to do over the telephone this afternoon, I will have that BINDER provision deleted from the original agreement A check in the amount of $25,000.00 payable to "The Bobby Roberts Company, Inc.," will be delivered to the Collier County's Director of Parks and Recreation as soon as the proposed Engagement Agreement is approved by the Board of County Commissioners, which is scheduled for tomorrow, Tuesday, August 1. The Director, Maria Ramsey, - (941) 353-0404 - should have that check in her possession before the end of this week. Collier County guarantees that a check for $25,000 will be delivered to you folks at the perfo .rmance. Here's hoping for sunny weather in Naples, Florida, on Friday, September 15. We are all looking forward to this performance! Tom Palmer Assistant County Attorney EXECUTIVE SUMMARY AWARD OF BID 00-3097 FOR THE PURCHASE OF A MOBILE PERFORMANCE PLATFORM Objective: To award Bid to the recommended bidder for the purchase of a 24 foot by 24 foot mobile performance platform/stage. Consideration: Bid 00-3097 was posted on May 30, 2000 with invitations to bid sent to 40 vendors. One vendor submitted a proposals, Century Industries, LLC., for $33,519.00. Staff has reviewed the quote received and recommends award to Century Industries, LLC., as the lowest, qualified and responsive quote that can meet the required specification. Fiscal Impact: Appropriate funds are budgeted in Parks and Recreation, Community Park Impact Fee. Growth Management: None Recommendation: That the Board of County Commissioners award Bid 00-3097 to Century Industries, LLC., in the amount of $33,519.00. ._.Prepared by: , J~es Fitzek, Operatigns l~lanager ~Department of Parks and Recreation Reviewed and Approved by: Maria Ramsey, Director Department of Parks and Recreation Date: Date: ~///¢)& Reviewed and Approved by: Gwen Butler, Acting Director Department of Purchasing Date: Reviewed and Approved by: L~.o Ochs, J~/dmtmstrator D~ms~on of Pul/lic/Servmes Date: j No.J~ J AU~ 0 I EXECUTIVE SUMMARY TO APPROVE A RESOLUTION ESTABLISHING AN AD HOC COMMITTEE TO BE KNOWN AS THE COLLIER COUNTY COMMUNITY HEALTH CARE PLANNING AND FINANCE COMMITTEE, AND TO EXTEND THE TERM OF THE COLLIER COUNTY COMMUNITY HEALTH CARE COMMITTEE. OBJECTIVE: To establish an ad hoc committee to be known as the Collier County Community Health Care Planning and Finance Committee for the purpose of creating a broad based community health care planning process that recommends specific solutions to meet the current and future health care needs of Collier County. A second resolution is included to extend the term of the Collier County Community Health Care Committee, said term to expire on October 8, 2000. CONSIDERATION: By Resolution No. 99-257, Board of County Commissioners created the Collier County Community Health Care Review Committee to review and evaluate local health care systems in the County and determine whether adequate access to health care and affordable coverage is available to all residents. This ad hoc Committee was to submit its analysis and recommendations to the Board of County Commissioners at the end of its one-year term. On May 23, 2000, the Collier County Community Health Care Review Committee submitted its interim report to the County Commission. At that time, the Board of County Commissioners approved an extension of the Community Health Care Review Committee's term of service to October 8, 2000, and the attached Resolution reflects this action. At~er the Community Health Care Review Committee's submission of its interim report, the Board of County Commissioners concluded there was a need to establish a successor committee to take the work of the initial Committee to the next level of planning and program implementation. Specifically, the committee will conduct a financial and economic analysis of various program proposals, identify its preferred solutions, quantify the costs of the recommended solutions, and outline the best funding mechanisms available. This committee is to present its report at the end of its one-year term. The Public Services Administrator will serve as the Staff coordinator for the Committee. The Chairperson of the current Community Health Care Review Committee will submit a recommended list of appointees to the new Community Health Care Planning and Finance Committee to the Board of County Commissioners for its consideration. The attached resolution, which has been prepared by the staff in conjunction with the Public Health Department and reviewed by the County Attorney's Office, provides for the general structure, function, goals and membership of the proposed committee. FISCAL IMPACT: Routine administrative and support costs associated with the operation of this Committee will be paid through the Public Health Department. Due to the specialized and technical nature of this Committee's work, it may be necessary to engage the services of a health care financial consulting firm to assist the Committee in its efforts. This determination will be made after the Committee has been appointed and will require approval from the County Manager and/or the County Commission, consistent with established procurement ~and budget policies. r , I Agenda Jtea / GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with the creation of this committee as there is no Public Health element included in the County's Comprehensive Plan. RECOMMENDATION: That the Board of County Commissioners approve the attached Resolutions: (1) extending the term of the Community Health Care Review Committee; and (2) creating the Collier County Community Health Care Planning and Finance Committee. SUBMITTED BY: Leo'Ochs, Jr.,/ Public Services A,dministrator Date: REVIEWED BY: D~. Joan M. Colfer, M.D., M.P.H. Public Health Department Director 2 No. /~ ~ Au 'o o-oo 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 RESOLUTION NO. 2000- A KESOLL'TiO.N ESTABLIS!tlNG TIlE COLLIER COUNTY CCL\IM[.;I'i': 1t£AL'['tl CA..~E PLANNING AND FINANCE COMMiTlEE FOR TIlE PURPOSE OF RECOMMENDING SOLUTIONS TO TIlE COMMUNITY'S tlEALTH CARE NEEDS. WIlERE:kS. thz Board of County Commissioners adopted Resolution No. 99-257 creating the Collie: County Community Health Care Review Committee to review existing health care systems and evaluate and determine current levels of patient access and coverage, and ~,VI1EREAS, the Community Health Care Review Committee will present a final report of' its findings and recommendations to the Collier County Commission on or before the end of its term of service on October 8, 2000, and WIIEREAS, on ,May 23, 2000, the Collier County Commission voted to create a successor committee to the Community Health Care Review Committee for the purpose of leading a broad based community inealth planning process; conducting a financial and economic analysis of various program and service proposals and identifying viable funding op:ions !'~r recommended solutions, and WItEREAS, the ColIier County Commission has agreed to establish a committee of interested area agencies, health care providers, insurance and financial experts, business and community !cadets and representatives from the Community Health Care Review Committee to :evtcw tLis subject tbr a fixed one year period. NO'e, TIIEREFORE. BE 1T RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA, that: SECTION ONF. Cre:,~ion of!he Ad Hoc Col!let Count)' Community Health Care Pl:mning and Finance Committee. Pursuan~ to the p~ovisions of Collier County Ordinance No. 86-41, as amended, the Board of County Commissioners hereby creates the Collier County Community Health Care Planning and Finance Committee as an ad-hoc advisory committee for a period not to exceed one (1) year from the date of this Resolution. SECTION 'D, VO. Al~pointment of Members and Failure to Attend Meetings. Members shall be appointed to the Collier County Community Health Care Planni~.g and Finance Comr::i:tec frcm among the following categories: Finance and Business Professionals: Certified Public Accountants & Financial Specialists Commercial & Investment Bankers Health lnsarance Actuaries, Underwriters & Brokers Health Care Attorneys & Consultants Managed Care Specialists Appropriate members of the Health Care Review Committee Business Leaders Community Leaders Ex-Officio Members: Naples Community Hospital Cleveland Clinic Collier County Medical Society Collier County Dental Association Mer:ta! Hezlth Association Coili~:r County Heahh Department Dcpamnen: of t te::lth Volunteer Coordinator CtJun[y ~u.zg~:t Director AUG. 0 1 2000 1 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 15 19 2O 21 22 23 24 25 · 26 27 28 29 30 ~31 32 33 34 35 36 37 38 39 4O 41 42 43 45 46 47 48 49 50 51 52 53 54 55 56 57 The re:rob. c: ,of ',o:mg members appointed to the Committee shall not exceed eleven (1 l) If any membe~ >.." :i2c Collier County Community Health Care Planning and Finance Committee is absent from two (2) or more consecutive meetings without a satisfactory excuse, such me,mber's position may be declared vacant by the Board of County Commissioners as prescribed by Collier County Ordinance No. 86-41, as amended. SECTION TtlREE. Officers; Quorum; Compensation. The officers of the Collier County Community Health Care Planning and Finance Committee shall be elected by the membership of the Committee and shall include a Chairman and Vice-Chairman. The presence of a majority of the voting members shall constitute a quorum. The Collier County Community Health Care Planning and Finance Committee ma> adopt rules and procedures for the transaction of business and shall keep records of race:rags, findings and determinations The members of the Committee shall serve without compc::satmn, bm may be reimbursed for travel, mileage and/or per diem expenses oa}>' if ap?rox cd, in advance, by the Board of County Commissioners. SECTION FOL!R. Fuuctions, Powers and Duties of the Co!!ier County Community tlealth Care Pt:;:n:iug and Finance Committee. The ~nctions, powers and duties of' the Collier County Community Health Care Planning and Finance Comnaittee shall be to lead a broad based community health care planning process, which includes a financial and economic analysis of program recommendations subn:itted by the Community Heahh Care Review Committee, as well as specific program recommendations made by its own members. The Committee shall identify the most appropriate solutions to current and future community health care needs, quantify the cost of these solutions and determine the optimum mix of funding mechanisms to finance proposed solutions. When reviewing any funding alternatives that may be a part of any proposed solution, the use of existing health care funding sources, and/or private fi~ndinE shall be considered before local tax funds of any sort. The Committee shall make its recommendations in the form of a final report to the Board of County Commissio:~er.~: All meetings of ti~e Collier County Community Health Care Planning and Finance Committee shall bc open to the public and shall be governed by the Florida Government in the Sunshine Lax~, All meetlags shall be held after reasonable public notice is provided as to the location, time and subject matter of the meetings. This Rcsolutioi~ adopted this second and majorit3 vote ATTEST: DWIGHT E. BROCK, Clerk day of 2000 after motion, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:. By:. Approved as to form and legal sufficiency: 61 Count>' Attorney 62 63 64 TIMOTHY J. CONSTANTINE, Chairman 2 ! 2 3 4 5 6 7 8 9 lO 11 12 13 14 15 16 17 18 ]9 20 2] 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 39 40 41 42 43 litESOLUTION .NO. 2000- .... !:SOLUTION TO EXTEND TIlE TERM OF THE C(~LL.I~i'A COUNTY COMMUNITY IIEALTH CARE CO;',I.%IITTEE AND TO EXTEND THE TERAIS OF ?,IE.XlL/}~RS OF TIlE COLLIER COUNTY COMMUNITY 111,;:\I.TIt CARE COMMITTEE. WHEREAS, on June 8, 1999, the Board of County Commissioners adopted Resolution No. 99-257, establishing tile ad i~oc committee known as the Collier County Community Health Care Committee; and WHEREAS, the purpose for creation of this ad hoc Committee is to review existing health care systems to determine where there is insufficient or inadequate access to health care in Collier County, and to report its findings and options for improvement to the Board of County Commissioners; and WHEREAS, o:: 5. lay 23, 2000, the Board of County Commissioners received an interim report from the Committee; and xAq~IEREAS, the Committee is seeking an extension of its term to October 8, 2000 in order to complete its fina! reporl to the County Commission. NOW. TtdEP, EFORE, BE 1T RESOLVED BY THJfi BOARD OF COLrNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1 The }_',oar:] hcrcbv extends the term of the Collier County Community Health Care Committee, said te:m to expire on October 8, 2000. 2. The Board hereby extends the terms of office of the members of the Collier County Community Health Care Committee, said terms to expire on October 8, 2000. This Resolution adopted after motion, second and majority vote. DATED: ATTEST: DWIGHT E BROCK, Clerk .Approved as to form and legal sufficiency: 46[,c,225avid C. Weige! .... 47 County Attorney 48 49 Dew/Ira BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:. TIMOTHY J. CONSTANTINE, Chairman AUG o 1 2000 EXECUTIVE SUMMARY APPROVAL ~OF A LEASE AGREEMENT BETWEEN COLLIER COUNTY AND BILLY BOY CARRY OUT, INC. FOR SPACE TO BE UTILIZED BY THE COLLIER COUNTY HEALTH DEPARTMENT. OBJECTIVE: Approval of a Lease Agreement between Collier County ("County") and Billy Boy Carry Out, Inc. ("Lessor") for office and clinic space to be utilized by the Collier County Health Department. CONSIDERATION: The Collier County Health Department is in need of office and clinic space in the Golden Gate area in order to operate their WIC (Women and Infant Care) program. An Eight Hundred and Eight (808) square foot office has been located on Golden Gate Parkway within the limits of Golden Gate City. The initial Lease term shall be three (3) years with annual renewals following the initial term. The County shall have the right to terminate the Lease Agreement at any time, with or without cause, by providing the Lessor with written notice. The annual rent shall be Eight Thousand Eighty Dollars ($8,080.00) to be paid in equal monthly installments of Six Hundred Seventy-three Dollars and Thirty-three Cents ($673.33). In addition to monthly rent, the County shall be required to pay a monthly fee for Common Area Maintenance in the amount of One Hundred Sixty-eight Dollars and Thirty -three Cents ($168.33). The County shall be responsible for utility costs associated with the operation of the Demised Premises such as, but not limited to, water consumption, sewer usage, electricity and telephone service. If the County elects to renew the Lease following the initial three (3) year term, the rent shall be increased annually Cor the ensuing one year renewal terms utilizing the Consumer Price Index figures or by Four (4) percent, which figure is higher. However, no yearly increase shall be greater than five (5) percent. The attached Lease Agreement was reviewed by the Office of the County Attorney, the Risk Management Department and the Collier County Health Department. FISCAL IMPACT: The monthly rent of Six Hundred Seventy-three Dollars and Thirty-three Cents ($673.33) and monthly Common Area Maintenance charges in the amount of One Hundred Sixty-eight Dollars and Thirty -three Cents ($168.33) for the remaining months of fiscal year 2000 shall be absorbed in the current budget. The rent and Common Area Maintenace charges for the 2001 Fiscal Year have been included in the Health Department's Fiscal Year 2001 General Fund budget. GROWTH MANAGEMENT: None RECOMMENDATION: That the Board of County Commissioners approve the Lease Agreement with Billy Boy Carry Out, Inc. and authorize its Chairman to execute same. ~ichael H. Dowling, Real Prope~alist, R~a~Property L . , Jr., Ad~ni errices Division DATE: )7(. c~7 ,o-- Management Department DATE: / Age9~[a ~t~ No AUG 0 1 looo Lease # LEASE AGREEMENT THIS LEASE AGREEMENT entered into this ~ day of , 2000, between Billy Boy Carryout, Inc., a Florida Corporation, in care of Coldwell Banker McFadden & Sprowls, whose mailing address is 3701 North Tamiami Trail, Naples, Florida 34103, hereinafter referred to as "LESSOR", and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred as "LESSEE". WITNESSETH In consideration of the mutual covenants contained herein, and other valuable consideration, the parties agree as follows: ARTICLE 1. l~ LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR, Eight Hundred Eight (808) square feet located at 4724D Golden G-~te Parkway, Naples, Florida 34116, hereinafter referred to as the "Demised Premises", for the sole purpose of operating a government office. LESSEE covenants and agrees not to use, occupy, suffer or permit said Demised Premises or any part thereof to be used or occupied for any purpose contrary to law or the rules or regulations of any public authority. ARTICLE 2. ~ LESSEE shall have and hold the Demised Premises for a term of Three (3) years, commencing n August 1, 2000, and ending July 31, 2003. LESSEE is granted the option, provided it is not then in aefault of any of the terms of this Lease, to renew same annually, under the terms and conditions as provided herein, by giving written notice of LESSEE'S intention to do so to the LESSOR not less than thirty (30) days prior to the expiration of the leasehold estate hereby created. Said notice shall become effective upon actual receipt by LESSOR. LESSEE, however, reserves the right to terminate this Lease, with or without cause, upon Thirty (30) days prior written notice of such termination to LESSOR at the address set forth in ARTICLE 13 of this Lease. Said notice shall be effective upon actual receipt by LESSOR. ARTICLE 3. Rent LESSEE hereby covenants and agrees to pay as rent for the Demised Premises the sum of Eight Thousand Eighty Dollars ($8,080.00) per annum in equal monthly installments of Six Hundred Seventy-three Dollars and Thirty-three Cents ($673.33) each. All rental payments shall be due payable in advance on the first day of every calendar month during the terra hereof, If the terms of this Lease shall commence on a day other than the first day of the month, LESSEE shall pay rental equal to one thirtieth (l/30th) of the monthly rental multiplied by the number of rental days of such fractional month. ARTICLE 4. ~ In the event LESSEE elects to renew this Lease, as provided for above, the rent set forth in ARTICLE 3 shall be increased annually for the ensuing one year renewal terms in the same proportion that the Consumer Price Index for Urban Wage Earners and Clerical Workers-United States City Average, all Item-Series A (1982 - 84 -- 100), United States Department of Labor had increased for the ~,receding year or by Four (4) Percent, whichever figure is higher. However, in no event shall the nnual minimum rent be less than Eight Thousand Eighty Dollars ($8,080.00), nor shall any yearly increase be greater than five (5) percent. In the event that the Consumer Price Index ceases to incorporate a significant number of items, or if a substantial change is made in the method of establishing such Consumer Price Index, then the Consumer Price Index shall be adjusted to the figure ~ Agend~ AUG 0 1 000 that would have resulted had no change occurred in the manner of computing such Consumer Price Index. In the event that such Consumer Price Index (or a successor or substitute index) is not available, a reliable governmental or other nonpartisan publication, evaluating the information thereto for use ~ determining the Consumer Price Index, shall be used in lieu of such Consumer Price Index. Said increase shall be provided by LESSOR in writing to LESSEE no later than ~ (30) days following the renewal term. ARTICLE 5. Other Expenses and Charges In addition to monthly rent, LESSEE shall be responsible for Common Area Maintenance charges ("CAM") to be paid monthly in the amount of One Hundred Sixty-eight Dollars and Thirty- three Cents ($168.33). This amount shall include, but is not limited to, real estate taxes, insurance, outside maintenance, common area lighting, landscaping and common area water and sewer charges pertaining to the Demised Premises. If LESSOR is required to increase the CAM after the first full year of occupancy, LESSOR shall provide LESSEE with written notice of same thirty (30) days after the anniversary date of this Lease advising of the new charges for each year of the Lease and for any renewals thereto. Each year, LESSOR shall provide LESSEE with detailed accounting of all CAM expenses. It is agreed by both parties that any increase in CAM shall reflect those actual costs for operating expenses and real estate taxes associated with the Demised Premises. LESSEE shall be responsible for the maintenance of the interior of the Demised Premises and payment of all janitorial services and utility charges pertaining thereto including, but not limited to, maintenance of the air-conditioning system and filters, charges for electricity, light, heat, air condition, power and telephone or other communication service used, rendered or supplied thereupon or in connection with the Demised Premises. LESSOR shall be responsible for all costs associated with the Operation and maintenance of the electrical and lighting systems, plumbing and pest control at the Demised Premises. ARTICLE 6. Modifications to Demised Premises Prior to making any changes, alterations, additions or improvements to the Demised Prerc, ises, LESSEE will provide to LESSOR all proposals and plans for alterations, improvements, changes or additions to the Demised Premises for LESSOR'S prior written approval, specifying in writing the nature and extent of the desired alteration, improvement, change, or addition, along with the contemplated starting and completion time for such project. LESSOR or its designee will then have sixty (60) days within which to approve or deny in writing said request for changes, improvements, alterations or additions. LESSOR shall not unreasonably withhold its consent to required or appropriate alterations, improvements, changes or additions proposed by LESSEE. If after sixty (60) days there has been no written rejection delivered by LESSOR to LESSEE regarding_said proposals or plans, then such silence shall be deemed as an APPROVAL to such request of LESSEE. LESSEE covenants and agrees in connection with any maintenance, repair work, erection, construction, improvement, addition or alteration of any authorized modifications, additions or improvements to the Demised Premises, to observe and comply with all then and future applicable laws, ordinances, rules, regulation, and requirements of the United States of America, State of Florida, County of Collier, and any and all governmental agencies having jurisdiction over the Demised Premises. All alterations, improvements, and additions to said Demised Premises shall at once, when made or installed, be deemed as attached to the freehold and to have become property of LESSOR. Prior to the termination of this Lease or any renewal term thereof, or within thirty (30) days thereafter, if LESSOR so directs, LESSEE shall promptly remove all such additions, improvements, alterations, fixtures and installations which were placed in, on or upon the Demised Premises by or on behalf of LESSEE. 2 Agen~p AUG 0 1 2000 ARTICLE 7. Access to Demised Premises LESSOR. its duly authorized agents, repr~entatives and employees, shall have the right after reasonable oral notice to LESSEE, to enter into and upon the Demised Premises or any part thereof at all reasonable hours for the purpose of examining same and making repairs or janitofiai service therein, nd for the purposes of inspection for compliance with provisions of this Lease Agreement. ARTICLE 8. ,Assignment and Subletting LESSEE covenants and agrees not to assign this Lease or to sublet the whole or any part of the Demised Premises, or to permit any other persons, other than another County agency, to occupy same without the prior expressed written consent of LESSOR. Any such assignment or subletting, even with the consent of LESSOR, shall not relieve LESSEE from liability for payment of rent or other sums herein provided or fi'om the obligation to keep and be bound by the terms, conditions and covenants of this Lease. The acceptance of rent f~m any other person shall not be deemed to be a waiver of any of the provisions of this Lease or to be a consent to the assignment of this Lcas~ or subletting of the Demised Premises. ARTICLE 9. Indemni .ty and Insurance To the extent legally possible, the parties will continue the insurance arrangements in effect at the time of the commencement of this Lease, adjusted only so far as necessary to account for their change in legal position vis-&-vis. ARTICLE IO. M~t~ce LESSEE shall, at its sole cost and expense, keep the Demised Premises clean at all times. If said Demised Premises are not kept clean in the opinion of LESSOR, LESSEE will be so advised in writing. If corrective action is not taken within thirty (30) days of the receipt of such notice, LESSOR will cause the same to be cleaned and corrected and LESSEE shall assume and pay all necessary cleaning costs and such costs shall constitute additional rent which shall be paid by LESSEE within .~*hirty (30) days of receipt of written notice of costs incurred by LESSOR. ARTICLE 11. ~ Failure of LESSEE to comply with any provision or covenant of this Lease shall constitute a default and LESSOR may, at LESSOR'S option, terminate this Lease after thirty (30) days written notice to LESSEE, unless the default be cured within that notice period (or such additional time as is reasonably required to correct such defaulo. ARTICLE 12. 12e~ILtLvd;~ LESSOR shall in no event be charged with default in the performance of any of its obligations hereunder unless and until LESSOR shall have failed to perform such obligations within ninety (90) days (or such additional time as is reasonably required to correct such default) after written notice fxom LESSEE to LESSOR properly specifying wherein LESSOR has failed to perform any such obligations. ARTICLE 13. Notices Any notice which LESSOR or LESSEE may be required to give to the other party shall be in writing to the other party at the following addresses: LESSEE: Board of County Commissioners edo Real Property Mgmt. Dept. 3301 Tamiami Trail East Administration Building Naples, Florida 34112 c: Office of the County Attorney Health Department Director Public Services Division Administrator LESSOR: Billy Boy Carryout, Inc. c/o Coldwell Banker McFadden & Sprowls 3701 North Tamiami Trail Naples, Florida 34103 3 AUG 0 1 pg. ARTICLE 14. Surrender of Premises LESSEE covenants and agr~ to deliver up and surrender to LESSOR possession of the Demised Premises upon expiration of this Lease, or its earlier termination, broom clean and in as good condition and repair as the same shall be at the commencement of the term of this Lease or may have been put by LESSOR or LESSEE during the continuance thereof, ordinary wear and tear and damage by fire or the elements beyond LESSEE'S control excepted. ARTICLE 15. ~gil~gLl~l~f~h~ LESSEE fully understands that police and law enfomement security protection provided by law enforcement agencies to the Demised Premises is limited to that provided to any other business or agency situated in Collier County, and LESSOR acknowledges that any special security measures deemed necessary for additional protection of the Demised Premises shall be the sole responsibility and cost of LESSEE and shall involve no cost or expense to LESSEE. LESSEE expressly agrees for itself, its successor and assigns, to refrain from any use of the Demised Premises which would interfere with or adversely affect the operation or maintenance of LESSOR'S standard operations. ARTICLE 16. Radon Gm In compliance with Section 404.056, Florida Statutes, all parties are hereby made aware of the following: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained fi'om your County Public Health Deparmaent. ARTICLE 17. ~ This Lease Agreement shall become effective upon execution by both LESSOR and LESSEE. ARTICLE 18. .Cto._Y.g~mixtg J.,a~ This Lease Agreement shall be governed and constru~ in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals. AS TO THE LESSEE: DATED: ATTEST: DWIGHT E. BROCK, Clerk BY: , Deputy Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUN'I~, FLORIDA BY: TIMOTHY J. CONSTANTINE, Chairman 4 AS TO THE LESSOR: ATTEST: ' - - , Secretmy WITNESS (signature) print name print name BILLy BOY CARROUT, INC. W~LLIAM KC~JoK,~resid~t (CORPORATE SEAL) ,~-.Approved as to form and Assistant County Attorney 5 AU$ 0 1 ~oo0 Pg. /,0 ~ EXECUTIVE SUMMARY ~_APPROVAL OF A LEASE AGREEMENT BETWEEN COLLIER COUNTY AND TASK FORCE FOR 'HE HOMELESS AND EXECUTE A RESOLUTION REGARDING SAME. OBJECTIVE: Approval of a Lease Agreement between Collier County ("County") and Task Force for the Homeless so that the St. Matthew's House food kitchen may continue to operate without being in violation of County Code concerning required parking. CONSIDERATION: Since 1989, Task Force for the Homeless, a tax exempt charitable trust, has utilized twenty (20) parking spaces in the north parking lot of the Collier County Government Center in order for the food kitchen at St. Matthew's House to operate without violating County Code concerning required parking. St. Matthew's House food kitchen does not have adequate parking spaces as required for this type of use. With the current Lease Agreement ("Agreement") expiring on September 28, 2000, the Task Force for the Homeless ("Lessee") has requested the continued use of the parking spaces. The attached Agreement provides for a five (5) year term. The annual rent shall be Ten Dollars ($10.00). The Agreement contains a provision for Collier County to terminate the Agreement with or without cause by providing written notice to the Lessee. The attached Lease Agreement was reviewed by the Office of the County Attorney, the Risk Management Department and the Facilities Management Department. ~FISCAL IMPACT: The annual rent of Ten Dollars ($10.00) shall be deposited into account 001 - General und, 013010 - Other General Administration. GROWTH MANAGEMENT: None RECOMMENDATION: That the Board of County Commissioners approve the Lease Agreement with Task Force for the Homeless and authorize its Chairman to execute same and the Resolution concerning same. ~ ' S~~'a SUBMITTED BY c-<~-~e-~'-o ~ J /' DATE: ~ ~ 5. ~ ~ : ~ -Michael H. Dowling, Senior 1 Property Management Department Leo E.<Ochs, Jr., Ad'~-'~mistrat f, blic Services Division ryblic Servi DATE: AQ..dn No.. rio-u-a/ Ao60 zooo Pg 1 2 6 7 8 9 10 !1 12 13 14 15 16 17 15 19 20 21 22 23 24 25 26 27 29 32 36 37 39 41 42 43 44 45 46 47 48 49 .--.50 ~2 53 54 56 57 RESOLUTION 2000 - RESOLUTION AUTHORIZING THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS TO EXECUTE A LICENSE AGREEMENT BETWEEN COLLIER COUNTY, A POLITICAL SUBDMSION OF THE STATE OF FLORIDA AND TASK FORCE FOR THE HOMELESS FOR USE OF COUNTY-OWNED PROPERTY. WHEREAS, the Task Force for the Homeless, a tax exempt charitable Trust, ("Task Force") desires to license twenty (20) parking spaces located in the North parking lot at the Collier County Government Center ("Licensed Premises") for visitors at St. Matthew's House located at 2501 South Airport Road, Naples, Florida 34112; WHEREAS, the Board of County Commissioners is satisfied that the Licensed Premises is required for community use by visitors St St. Matthew's House and the Licensed Premises is not needed at this time for County purposes, and; WHEREAS, the Board of County Commissioners is desirous of licensing the Licensed Premises to the Task Force. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: I. The Licensed Premises is required by use of the visitors to St. Matthew's House and is not needed at this time for County purposes. 2. The term of the License is five (5) years at an annual license payment of Ten Dollars ($10.00), all of wh/ch shall be paid in full in advance. 3. The Board of County Commissioners does hereby approve the attached License Agreement between Collier County, a political subdivision of the State of Florida, and the Task Force for the Homeless, a tax exempt charitable Trust. 4. The Chairman of the Board of County Commissioners of Collier County, Florida, is hereby authorized to execute the aRached License Agreement. This Resolution adopted this __ second and majority vote. day of ,2000, after motion, ATTEST: DWIGHT E. BROCK, Clerk BY: Deputy Clerk Approved as to form nnd legal sufficiFncy: (~. Palmer Assistant County Attorney BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA BY: T[MO~ $. CONSTATINE, Chairman AUG 0 1 2000 LICENSE AGREEMENT License #731 TItIS LICENSE AGREEMENT entered into this ~ day of ., 2000, between · Task Force for the Homeless, a tax exempt charitable Trust, by its undersigned Executive Director who has been duly authorized by the Trust to execute this License Agreement, whose mailing address is 2501 South Airport Road, Naples, Florida 34112, hereinnfter referred to as "LICENSEE", and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "LICENSOR". WITNESSETH In consideration of the mutual covenants contained herein, and other valuable consideration, the parties agree as follows: ARTICLE !. ~ LICENSOR hereby Licenses to LICENSEE and LICENSEE hereby accepts the License from LICENSOR twenty (20) parking spaces in the Collier County Government Center parking lot, hereinafter referred to as "Licensed Premises" in accordance with the terms of this License. Said parking spaces shall be designated for the following uses: one (1) handicapped, one (1) loading zone and eighteen (18) regular. ARTICLE 2. ~ LICENSEE shall have and hold the Licensed Premises for a term of five (5) years, commencing on September 28, 2000, and ending September 27, 2005. LICENSOR and LICENSEE shall have the fight to terminate this bare License with or without cause by providing the other party with thirty (30) days written notice. Said notice shall be effective upon placement oT the notice in an official depository of the United States Post Office, Registered or Certified Mail, Postage Prepaid. ARTICLE 3. Rent LICENSEE hereby covenants and agrees to pay as rent for the Licensed P~emises the sum often Dollars ($10.00) per annum which shall be paid in full for the entire License term and payable Fifteen (15) days from the date of execution of this License by LICENSOR. ARTICLE 4. Modifications to Licensed Premises LICENSEE shall not be permitted to make any changes, alterafons, additions or improvements to the Licensed Premises. LICENSEE covenants and agrees not to use, occupy, suffer or permit sa~d Licensed P~erffises or any part thereof to be used or occupied for any purpose contrary to law or the rules or regulations of any public authority. ARTICLE 5. ,~ssi_~,nment and Sublicens'me LICENSEE covenants and agrees not to assign this License or to sublicense the whole or any part of the Licensed Premises, or to permit any other persons to occupy same without the written consent of LICENSOR. Any such assignment or sublicensing, even with the consent of LICENSOR, shall not relieve LICENSEE from liability for payment of License fee or other sums herein provided or from the obligation to keep and be bound by the terms, conditions and covenants of this License. No., LICENSEE, in consideration of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby aclmowledged, shall indemnify, defend and hold harmless LICENSOR, its agents and employees from and ~-'4~gainst any and all liability (statutory or otherwise), damages, claims, suits, demands, judgments, costs, interest nd expenses (including, but no limited to, attorneys' fees and disbursements both at trial and appellate levels) arising, directly or indirectly, from any injury to, or death of, any person or persons or damage to property (including loss of use thereof) related to (A) LICENSEE'S use of the Licensed Premises, (B) any work or thing whatsoever done, or any condition created (other than by LICENSOR, its employees, agents or contractors) by or on behalf of LICENSEE in or about the Licensed Premises, (C) any condition of the Licensed Premises due to or resulting from any default by LICENSEE in the performance of LICENSEE'S obligations under this License, or (D) any act, omission or negligence of LICENSEE or its agents, contractors, employees, sublicensees or invitees. In case any action or proceeding is brought against LICENSOR by reason of any one or more thereof, LICENSEE shall pay all costs, attorneys' fees, expenses and liabilities resulting therefrom and shall defend such action or proceeding if LICENSOR shall so request, at LICENSEE'S expense, by counsel reasonably satisfactory to LICENSOR. The LICENSOR shall not be liable for any injury or damage to person or property caused by the elements or by other persons in the Licensed Premises, or from the street or sub-surface, or from any other place, or for any interfegei-,ce caused by operations by or for a governmental authority in construction of any public or quasi-public works. The LICENSOR shall not be liable for any damages to or loss of, including loss due to petty theR, any property, occurring on the Licensed Premises or any part thereof, and the LICENSEE agrees to hold the LICENSOR harmless from any claims for damages, except where such damage or injury is the result of the gross negligence or willful misconduct of the LICENSOR or its employees. The LICENSEE hereby acknowledges that the License fee called for in Article 3 of this License has been reduced by Ten Dollars ($10.00) and is hereby considered by LICENSOR as payment of the obligation by LICENSEE. '~ ',,RTICLE 7. Ins~ce LICENSEE shall provide and maintain comprehensive general liability, including contractual liability, bodily injury and property damage in am amount not less than One Hundred Thousand Dollars and No/Cents ($100,000.00). Collier County shall be listed as an additional insured on said policy. LICENSEE shall carry and maintain Worker's Compensation Insurance to the extent required by the State of Florida. All insurance policies required above shall be issued and written with a company or companies authorized to engaged in the business of insurance in the State of Florida and authorized to do business under the laws of the State of Florida. Evidence of such insurance shall be provided to the Collier County Risk Management Department, 3301 East Tamiami Trail, Administration Building, Naples, Florida, 34112, for approval prior to the commencement of this License Agreement; and shall include a provision requiring ten (10) days prior written notice to Collier County e/o County Risk Management Department in the event of cancellation or changes in poliey(ies) coverage. LICENSOR reserves the right to reasonably amend the insurance requirements by issuance of notice in writing to LICENSEE, whereupon receipt of such notice LICENSEE shall have thirty (30) days in which to obtain such additional insurance. This License shall be administered on behalf of the LICENSOR by the Public Services Administrator or his/her designee and on behalf of the LICENSEE by the Executive Director of St. Matthew's House. During the term of this License, the LICENSEE shall submit to the Public Services Administrator on or before the tenth (10') day of each month an operations report including the statistical data regarding clients served and enclosing a repor~ on changes in operations of St. Matthew's House, in order to afford the Public Services Administrator the data necessary for the preparation of a report to the Board of County Commissioners .-.when deemed necessary by the Public Services Administrator. The Public Services Administrator shall notify /e LICENSEE in writing within thirty (30) days of a receipt of a report of any objections thereto. Aoend¢ !~,em AUG o 1 ZOOO Pg ._ ]~ ARTICLE 10. Control and Maintenance In an attempt to act as a good neighbor to adjacent property owners of St. Matthew's House, the LICENSEE hereby agrees to monitor and control its clients and to make every good faith effort to reduce any negative impacts to LICENSEE'S neighbors resulting from the operation of St. Matthew's House on the Licensed Premises. Such good faith efforts shall include, without limitation, trash collection and clean up of the Licensed Premises, as well as reporting all incidents of trespassing or loitering to the appropriate authorities, and meeting with adjacent property owners on a regular basis to discuss the LICENSEE'S operations and its impact on the neighborhood. LICENSOR shall not be obligated or required to improve, repair, or maintain the Licensed Premises in any manner whatsoever. ARTICLE 11 Notices Any notice which LICENSOR or LICENSEE may be required to give to the other party shall be in writing to tile other party at the following addresses: LICENSOR Board of County Commissioners c/o Real Property Management Department W. Harmon Turner Building 3301 East Tamtaint Trail Naples, Florida 34112 cc: Public Services Administrator LICENSEE Chairman of Task Force for Homeless c/o Executive Director 2501 South Airport Road Naples, Florida 34112 cc: Executive Director ARTICLE 12. ~ The LICENSEE in exercising any of the rights or privileges herein granted, shall not on the grounds of race, color or natural origin discriminate or permit discrimination against any person or group of persons in any manner. The LICENSOR is hereby granted the right to take such action, anything to the contrary herein notwithstanding, as the United States may direct to enforce this non-discrimination covenant. ARTICLE 13. ~ LICENSEE fully understands that the police and law enforcement security protection provided by law enforcement agencies to the Licensed Premises is limited to that provided to any other business or agency situated in Collier County, and LICENSOR acknowledges that any special security measures deemed necessary for additional protection of the Licensed Prem/ses shall be the sole responsibility and cost of LICENSOR and shall involve no cost or expense to LICENSEE. ARTICLE 14. ~ This License shall become effective upon execution by both LICENSOR and LICENSEE. ARTICLE 15. ~ This License shall be governed and construed in accordance with the laws of the State of Floridm IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals. AS TO LICENSEE: TASK FORCE FOR THE HOMELESS, a tax exempt charitable Trust FRANK MEEHAN, Executive Director 3 AUG 0 1 2000 AS TO THE LICENSOR: DATED: ATTEST: DWIGHT E. BROCK, Clerk , Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: TIMOTHY J. CONSTANTINE, Chairman Approved as to form and legal sufficiency: ! Tho~n~.~ ~. Pa~lmer Assistant County Attorney 4 AUG 0 1 2000 EXECUTIVE SUMMARY ADOPT A RESOLUTION AUTHORIZING THE CANCELING OF CURRENT TAXES UPON CERTAIN OIL GAS & MINERAL RIGHTS OBTAINED BY TAX DEED WITHOUT MONETARY COMPENSATION FOR PUBLIC USE. OBJECTIVE: To adopt a Resolution to cancel the current (1999) taxes due on certain oil gas & mineral rights that Collier County ("the County") has obtained by tax deed for public purposes without monetary compensation paid by the County. CONSIDERATION: Collier County recently obtained ownership for certain oil, gas & mineral rights via tax deed. According to Section 197.502(8), Florida Statutes, "Three years from the day the land was offered for public sale, the land shall escheat to the county in which it is located, all tax certificates and liens against the property shall be canceled, and the clerk shall execute a tax deed vesting title in the Board of County Commissioners of the county in which it is located." The Board of County Commissioners ("the Board") of Collier County, Florida obtained ownership of certain oil gas & mineral rights via Tax Deed that was recorded on March 31, 2000, in Official Records Book 2657, Page 3146, Public Records of Collier County, Florida. The Collier County Clerk of Courts office requested that the current taxes due be canceled on this certain oil gas & mineral rights parcel. On November 2, 1993, the Board of County Commissioners adopted Resolution No. 93- 499 therein allowing the Board to cancel taxes upon land acquired by Collier County without monetary compensation for public use. Adoption of the attached Resolution shall provide the Board's directive and authorization to cancel the necessary taxes on certain oil, gas & mineral rights described therein. FISCAL IMPACT: None GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners: (1) Adopt the attached Resolution canceling current taxes upon certain oil, gas & mineral rights obtained by tax deed as described therein. (2) Authorize the Chairman to execute the attached Resolution. J~nnni !~laj e, SpeCialist~ v [F Real Property M'a~g~tgrtment San r~ffr-~Taylor, Direct~ - ( '~ Real Property Management DeparXmen~ varcoe-[ea~r, Administrator Support Se~ices Division DATE: RESOLUTION NO. 2000- __ 5 6 7 8 9 10 1! 12 13 14 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 3~.--, 34 35 36 37 38 39 4O 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA CANCELING CURRENT TAXES UPON CERTAIN OIL GAS & MINERAL RIGHTS OBTAINED BY TAX DEED. WHEREAS, Oil Gas & Mineral Rights for the following tax folio number was conveyed to the County per Section 197.502(8), Florida Statutes by Tax Deed for public purposes without monetary compensation paid by the County; and WHEREAS, a Tax Deed for property identification number 01137280006 was recorded in Official Records Book 2657, Page 3146, Public Records of Collier County, Florida, on March 31, 2000 for the following described land situated in the County of Collier, State of Florida: and Section 2, Township 52 South, Range 30 East: 100% Oil, gas & mineral rights described as: W 1/2 of NW Y, of NW % WHEREAS, the property will be retained to preserve the Oil Gas & Mineral rights by Collier County, Florida; and WHEREAS, the Board of County Commissioners of Collier County, Florida approved Resolution No. 93-499 on November 2, 1993, approving a policy to cancel current real property taxes upon land acquired by Collier County or the Collier County Water-Sewer District without monetary compensation for public use; and WHEREAS, Sections 196.28 and 196.29, Florida Statutes, provides that the Board of County Commissioners of each County of the State of Flodda is given full power and authority to cancel and discharge !lens for (real property) taxes, delinquent or current, upon land held or owned by said County for public use by a governmental unit. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the current outstanding real property taxes on the above listed property located in Collier County, Flodda are canceled as of December 31, 1999. This Resolution adopted this . day of motion, second and majority vote. , 2000 after A'I-r'EST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk BY: TIMOTHY J. CONSTANTINE, Chairman Approved as to form and lege/l~Jfficiency:// / -~li-en Chadwell Assistant County Attorney AUG 0 1 2000 Pg'~ 2614189 OR: 2657 3146 CC-506 TAX DEED FILE NO 10/97 PROPERTY IND~NTIFICATION NO. 7646 011372500Q6 TAX STATE OF FLORIDA COUNTY OF C0 L!ER The following Tax Sale Certificate Numbered 1555 issued on J%~ne 1, 1989 was filed in the office of the tax collector of this County and application made for the issuance of a tax deed, the applicant having paid or redeemed all other taxes or tax sale certificates on the land described as required by law to be paid or redeemed, and the costs and expenses of this sale, ~d due notice of sale having been published as required by law, and no person entitled to do so having appeared to redeem said land; such land was on the 25th day of March , 1993, offered for sale as required by law for cash to the highest bidder and was sold to The Board of County Commissioners of Collier County. Florida whose address is 3301E Tamiami Tr. NaPles. Florida 34112 ,being the highest bidder and having paid the sum of his bid as required by the Laws of Florida. ~O~, on this ~St day of March , 2000, in the County of COLLIER , State of Florida, in consideration of the sum of ($QQ.Q0) ~scheated Der FS.197.502(8) Dollars being the amount paid pursuant to the Laws of Florida does hereby sell the following lands situated in the County and State aforesaid anti, scribed as follows: Witness: Section 2, Township 52S, Range 30E: of NW1/4 of NW1/4, Collier County, Terri Hart STATE OF FLORIDA COUNTY OF COLLIER COLLIE~ , County, Florida W1/2 On this 3~S~ day of March ,20.0,0, before me TezuTi Hart ~ersonally appeared Laura Prok&~N'~' ~' "'~"0,, Clerk of the Circuit Cou~-t in and for the State and thi~,-~ounty ...k~...to me to be the person described in and who executed the foregoing instrum~ht~.. and acknowledged the execution of this instrument to be his own free ac~ and deed f; . ..f .. for the use and purposes therein mentioned. ., :, Witness my hand and official seal date aforesaid. This instrument was prepared by T~rri Hart , Deputy Clerk Collier County, Naples, Florida Terri Hart Deputy Clerk / AUG 0 12000 pg. ~-~ EXECUTIVE SUMMARY ADOPT A RESOLUTION AUTHORIZING THE CANCELLATION OF CURRENT TAXES UPON A FEE-SIMPLE INTEREST COLLIER COUNTY ACQUIRED BY SPECIAL WARRANTY DEED, FOR PUBLIC USE AND WITHOUT MONETARY COMPENSATION. OBJECTIVE: To adopt a Resolution to cancel the current (2000) taxes due upon a fee-simple interest that Collier County has acquired by Special Warranty Deed, for public use and without monetary compensation paid by the County. CONSIDERATION: On November 2, 1993, the Board of County Commissioners adopted Resolution No. 93-499, thereby allowing the Board to cancel taxes upon land acquired by Collier County for public use and without monetary compensation. Collier County recently obtained fee-simple ownership through a generous donation from Harvest for Humanity, Inc. The certain fee-simple interest was conveyed through a Special Warranty Deed that was recorded on June 16, 2000, in Official Records Book 2688, Pages 185 and 186. The Real Property Management Department has requested that the current taxes due, in an amount not to exceed $60.00, be canceled on this certain fee-simple parcel. Adoption of the attached Resolution shall provide the Board's directive and authorization to cancel the necessary taxes on the certain fee-simple interest described therein. FISCAL IMPACT: No fiscal impact will be incurred. GROWTH MANAGEMENT IMPACT: The Collier County Growth Management Plan will not be impacted as a result of the requested actions. RECOMMENDATION: That the Board of County Commissioners: (1) Adopt the attached Resolution canceling current taxes upon the fee-simple interest obtained by Special Warranty Deed as described therein. (2) Authorize the Chairman to execute attached Resolution. SUBMITTED BY: --~-~ - ' .... ~ ' J. Keith Gomez, Specialist II,,~,~/) Real Property ManagemenM~partment San~]Fa-T~'ylor, Director,-- Real Property Management Dep~trtmento Steve-C~amell, ~terim Administrator, Support Services Division DATE: DATE: I 2 6 7 8 9 I0 II 12 13 14 I$ 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 5O 52 53 54 55 56 57 58 59 63 64 RESOLUTION NO. 2000- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA CANCELING CURRENT TAXES UPON A FEE-SIMPLE INTEREST OBTAINED BY SPECIAL WARRANTY DEED. WHEREAS, a fee-simple interest for the following tax folio number was conveyed to the County. by Special Warranty Deed, for public purposes and without monetary compensation paid by the County; and WHEREAS, the following Special Warranty Deed was recorded in the Public Records of Collier County, Florida, on June 16, 2000 as follows: OR BOOK OR PAGE FOLIO LOCATED IN SEC TWP RNG 2688 185 & 186 00082966201 32 46S 29E ;and WHEREAS, the legal description of such land being: The west 30 feet of the SW l/4 of the NW I/4 of Section 32, Township 46 South, Range 29 East, in Collier County, Florida, less approximately 40 feet over the south part of said premises conveyed to the State of Florida for road purposes and described in Deed Book 21, Page 541, Collier County Records; and WHEREAS, the property will be retained as the Carson Road Right-of-Way by Collier County, Florida; and WHEREAS, the Board of County Commissioners of Collier County, Florida approved Resolution No. 93-499 on November 2, 1993, approving a policy to cancel current real property taxes upon land acquired by Collier County or the Collier County Water-Sewer District without monetary compensation for public use; and WHEREAS, Sections 196.28 and 196.29, Florida Statutes, provides that the Board of County Commissioners of each County of the State of Florida is given full power and authority to cancel and discharge liens for (real property) taxes, delinquent or current, upon land held or owned by said County for public use by a governmental unit. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the current outstanding real property taxes on the above listed properties located in Collier County, Florida are canceled as of December 31, 1999. This Resolution adopted this motion, second and majority vote. day of ., 2000 after ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk BY: TIMOTHY J. CONSTANTINE, Chairman Approved as to form and legal~ncy: ~- R~/~Za2~ Assistant County Attorney A~NOA~ ~I TEM..~ no._ /~c~ ,~.. AUG 0 1 2000 pg EXECUTIVE SUMMARY STAFF AUTHORIZATION TO PREPARE AN AMENDMENT TO SECTION 5 OF ORDINANCE NO. 87-25 PERTAINING TO SURPLUS PROPERTY ALTERNATIVE PROCEDURES OBJECTIVe; Permission to prepare an amendment to Section 5 of Ordinance No. 87-25 so that the referenced section is consistent with Florida Statute 274.06 - Surplus Property Alternative Procedures. CONSIDERATIONS: Ordinance No. 87-25 was established on April 21, 1987. Section 5 of Ordinance No. 87-25 provides for Conflict of Interest. Within this section, it allows for officers or employees of the County to only purchase surplus goods or materials from the County by public auction authorized by law on the same basis as all other members of the public. Staff is recommending that this portion of Section 5 be amended to allow officers or employees of the County to purchase surplus goods or materials from the County pursuant to procedures outlined in Florida Statute 274.06 - Surplus Property Alternative Procedures and be subject to the approval of the Board of County Commissioners prior to implementation. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners direct Staff to prepare an amendment to Ordinance No. 87-25 that provides for changes to Section 5 as described herein. PREPARED BY: . ,.,~ . ~ REVIEWED BY: Gwen Butler Interim Purchasing Director Jo-Anne Varcoe-Leamer Support Services Administrator DATE: DATE: EXECUTIVE SUMMARY APPROVAL OF BUDGET AMENDMENTS TO FUND 517, GROUP HEALTH INSURANCE. OBJECTIVE: To seek approval from the Board of Commissioners of a budget amendment to Fund 517, Group Health and Life Insurance. CONSIDERATIONS: The Board of Commissioners operates a self-insured group health insurance program to provide health insurance for its eligible employees and those of participating constitutional officers. The Board of Commissioners is required by Florida Statute 112.08 to complete an actuarial study as of September 30* each year to assure the proper funding of the plan. Staff has utilized these actuarial evaluations to project future plan costs for reserving, budgeting and rating purposes. To further assure accuracy for budgeting purposes, an additional actuarial evaluation was performed as of March 31, 2000. Actual claims experience is trending above actuarial forecast at this point. In order to avoid a delay in the release of claims payments due to a potential funding insufficiency, it is requested that budget amendments of $450,000 be approved to fund claims through September 30, 2000. Based upon current claims costs, a budget amendment is necessary to fund claims for the remainder of FY 00. Please note the following actual and projected claims information: Budgeted Claims Actual Claims ( as of 5/31/00) Actuarial Projection Staff Projection Budget Amendment Needed $6,100,000 $4,304,306 $6,500,0O0 $6,550,000 $450,00O GROWTH MANAGEMENT IMPACT: None. FISCAL IMPACT: Funds are budgeted within the Group Health fund reserves for the payment of claims. RECOMMENDATION: It is recommended that the Board approve the necessary budget amendments to fund health insurance claims in the amount of $450,000. PREPARED B Y: ~ _~,~--~ DATE: J~l~eer, CPCU, ARM, Director, Risk Management Department REVIEWED BY: ~//~// DATE: So-Anne Varcoe-Leamer, Support Services Administrator AUO0 , 000 I EXECUTIVE SUMMARY AWARD OF BID NO. 00-3091-- "FLEET VEHICLES". OBJECTIVE: Obtain Board approval to award Bid No. 00-3091 -- "Fleet Vehicles". CONSIDERATION: The current fleet vehicle bid for automobiles and light/medium trucks expires September 12, 2000. The contract has been in effect six years and has been very successful from the aspects of giving our business to local dealers and acquiring our vehicles at extremely low prices, most of the time even below State contract prices. Inquiries for the new bid were sent to 34 dealers in the South Florida area including all local qualifying dealerships. The bid covers purchases of automobiles, vans, sport utility vehicles, and light/medium-duty trucks up to 20,000 pounds GVWR. It is effective October 1,2000 for three years, with a renewal option for an additional three years. The only bidder was Tamiami Ford, Inc., here in Naples. Since the majority of our fleet is currently Fords, buying solely Ford products will have the positive effects of reducing required parts inventory, tools, and training. FISCAL IMPACT: Approximately 200 vehicles are expected to be purchased from this contract during the next three years with an estimated cost of $3,800,000. Funds are budgeted in the Motor Pool Capital Recovery Fund and in Departmental capital budgets. GROWTH MANAGEMENT IMPACT: Not applicable. RECOMMENDATION: The Board approve award of Bid No. 00-3091 -- "Fleet Vehicles" to Tamiami Fore,Inc., for purchase of new vehicles. SUBMITTED BY: /~//:/14~ ,, Date: . .,.',<9 .,.,,/ / ~VIEWED BY: ,, 2 '~~///~->'" Date: ' ~ie~ ~.-~o~d~~ting Fa~i~iti~~g~ment Director Jo-~e Varco-Lemer, Suppo~ Se~i~es ~dmi~strator AUG 0 1 2000 i Bid No. 00-3091 "Fleet Vehicles" Page 9 THIS SHEET MUST BE SIGNED BY VENDOR Board of County Commi~=ionem Collier County, Florida Purch~ing Deparlment BIDDERS CHECK UST I M P O R T A N T: Please read carefully, sign in the spaces indicated and tatum with your bid proposal. Bidder should check off each of the following items as the necessary action is completed: 1. The Bid has been signed. 2. The Bid pdces offered have been reviewed. 3. The price extensions and totals have been checked. 4. The payment terms have been indicated. 5. Any required drawings, descriptive literature, etc. have been included. 6. Any delivery information required is included. 7. If re(mired, the amount of bid bond has been checked, and the bid bond or cashiers check has been included. 8. Any addenda have been signed and included. 9. The mailing envelope has been addressed to: Purchasing Director Collier County Government Center General Services Building 3301 East Tamiami Trail Naples, Flodda 34112 10. The mailing envelope must be sealed and marked with: · Bid Number; · Bid Title; · Opening Date 11. The bid will be mailed or delivered in time to be received no later than the specified oDening date and time. (Otherwise bid cannot be considered.) ALL COURIER DELIVERED BIDSIRFPS MUST HAVE THE BID/RFP NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET. TAMIAMI FORD, INC, Compa~ N~i'~e ' .--. _.. 6-19--~ pRERTDENT Date No..,f~ ~ (~ AUG 0 ! 2000 Pg. ,.. ~- Bid No. 00-3091 "Fleet Vehicles" CONTRACT PROPOSAL FROM: z~[~[ Fo~, [NC, 1471 N AIRPORT ROAD NAPLES, FL Page 10 34104 DUE: July 5. 2000 ~_ 2:30 _a.m. Board of County Commissioners Collier County Govemment Center Naples, Florida 34112 RE: BID No. 00-3091 - "Fleet Vehicles" Dear Commissioners: The undersigned, as bidder, hereby declares that he has examined the specifications and informed himself fully in regard to all conditions pertaining to furnishing and delivering fleet vehicles as per the attached specifications. The Bidder further declares that the only persons, company or parties interested in this Proposal or the Contract to be entered into as principals are named herein; that this Proposal is made without connection with any other person, company or companies submitting a Bid or Proposal; and it is all respects fair and in good faith, without collusion or fraud. The Bidder proposes and agrees, if this Proposal is accepted, to contract with the County furnish work in full, in complete accordance with the attached specifications, according to the following unit pdces: To furnish fleet vehicles in complete accordance with the aforementioned bid specifications at the following percentage discount below dealer's invoice price as defined: ?.?~ % Any discounts or terms must be shown on the Proposal Form. will be considered and computed in the tabulation of the bids. terms for less than 15 days payment be offered. Prompt Payment Terms: -- % -- Days; Net 30 Days Addenda received (if applicable): #1 -- #2 -- #3 -- Such discounts, if any, In no instance should Proposal continued on next page .... AUG' 2:000 Bid No. 00-3091 "Fleet Vehicles" Page 11 PROPOSALCONTINUED The service to be furnished by us is hereby declared and guaranteed to be in conformance with the specifications of the County. The undersigned do agree that should this Proposal be accepted, to execute the form of contract and present the same to the County Purchasing Director for approval within fifteen (15) days after being hotified of the awarding of the Contract. The undersigned do further agree that failure to execute and deliver said forms of contract within fifteen (15) days, will result in damages to the County. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this 19~ day of JUNE ,, 2000 in the County of COLLtER , in the State of FL TAMIAMI FORD, INC. Firm's Complete Legal Name Check one of the following: Sole Proprietorship Corporation or P.A. Limited Partnership General Partnership Phone No. 941-643-3673 FAX No. 941-643-3799 1&71 N ATRPORT ROAD Address NAP1.F.,q: F], ~A 1 City, State, ZIP BY: Typed and W,ritten__/~ig~tu re NOTE: If you choose to bid, please submit an ORIGINAL and ONE COPY of your proposal pages. AGE NO~, IT)M I AUG 0, . 2000 COLLIER COUNTY GOVERNMENT PURCHASING DEPARTMENT SUPPORT SERVICES DIVISION DATE: TO: FROM: RE: 3301 EAST TAMIAMI TRAH. GENERAL SERVICES BUILDING NAPLES, FLORIDA 34112 (941) 774-8425 FAX (941) 732-0844 http'J/~us June 2, 2000 Prospective Bidders Rhonda Tibbetts, Purchasing Agent Purchasing Department i'll' BID #00-3091-- "Fleet Vehicles" The Board of County Commissioners, Fleet Management Department, desires to receive proposals for the above-referenced services. Please refer to the Public Notice contained in the enclosed proposal package for the time and date of the Opening of this Bid. If you have any immediate questions regarding the specifications or intended work, you may contact Mr. Dan Croft, Director, Fleet Management Department at 941/793-5655. If you have procedural questions, you may contact me at 941/774-8425 or by e-mail at RhondaTibbetts~colliergov.net. We look forward to your participation in this bid process. cc: Dan Croft, Director, Fleet Management Department NOTE: If you choose to bid, please submit an ORIGINAL and ONE COPY of your proposal pages. AU$ 0 1 2000 Bid No. 00-3091 "Fleet Vehicles" Page 2 NON-BIDDER'S RESPONSE BID #00-3091 For purposes of maintaining an accurate bidder's list and facilitating your firm's response to our invitation for bid, we are interested in ascertaining reasons for prospective bidder's failure to respond to invitations for bids. If your firm is not responding to this bid, please indicate the reason(s) by checking an appropriate item (s) listed below and return this form to the Purchasing Department, Collier County Government Center, 3301 East Tamiami Trail, General Services Building, Naples, FL 34112. Please indicate "NO BID" on the outside of the envelope. We are not responding to this invitation for bid for the following reason(s): [] [] Items or materials requested not manufactured by us or not available to our company; Our items or materials do not meet specifications; Circle one - Specifications were: Not cleady understood, Not applicable, Too vague, Too rigid, Quantities too small, or [] Incorrect address used. Please correct: Other reason(s): Name of Firm: Mailing Address: City, State, ZIP: Phone( ) FAX ( ) By: Signature of Representative AUG 0 1 2000 Bid No. 00-3091 "Fleet Vehicles" Page 3 PUBLIC NOTICE Sealed proposals for the purchase of fleet vehicles will be received at the Collier County Purchasing Director's Office, 3301 East Tamiami Trail, General Services Building, Naples, FL 34112, until 2:30 p.m., Collier County Time on July 5, 2000. BID ~00-3091 "Fleet Vehicles" Any questions regarding these specifications or intended work may be directed to Mr. Dan Croft, Director, Fleet Management Department, 941/793-5655. All bids shall be made upon the Official Proposal Form attached to the specifications, which may be seen at the Office of the Purchasing Director, and which may be had by bona fide bidders. Collier County does not discriminate based on age, race, color, sex, religion, national odgin, disability or madtal status. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: /s/STEVE CARNELL Steve Camell, CSM Purchasing Director Publicly posted in the lobby of the General Services Building on June 2, 2000. AUG 0 12000 Bid No. 00-3091 "Fleet Vehicles" Page 4 All bids must be made on the proposal form fumishad by the County. No bid will be considered unless the proposal form is propedy sione~. Vendors must provide unit orices any time unit prices are requested Jl~hr,_tllll~l~l~. These unit prices must be proper and balanced so as to allow fair adjustments in quantities as required by the County. All prices will r~lain firm for a period of ninety (90) days from date of bid opening. GENERAL BIDDING REQUIREMENTS 10. Co~l~ County. Florida as a p~mcal subd~s~n of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes. All successful bidders will be provided a copy of Collier County's Certificate of Exemption (~'21-07- 01005-53C) upon contract award. Any transportation and/or any other charges incurred in delivering the product as specified must be included in the bid price. FOB destination shall apply unless exception is made in the specifications. Any discounts or terms must be shown on the proposal form. Such discounts, if any, will be considered and computed in the tabulation of the bids. In no instance should terms for less than 15 days payment be offered. Proposers taking exception to any part or section of these specifications shall indicate such exceptions on a separate sheet entitled "EXCEPTIONS TO SPECIFICATIONS". Failure to indicate any exceptions shall be interpreted as the proposers intent to fully comply with the specifications as The County reserves the right to formally amend and/or clarify the requirements of the bid specifications where it deems necessary. Any such addendum/clarification shall be in writing and shall be distributed to all parties who received the original bid specifications and are eligible for consideration prior to the deadline for submission 9f proposals. The County reserves the right to reject any and all bids, to waive defects in the form of bid, also to select the bid that best meets the requirements of the County. All bids shall be in the hands of the County Purchasing Direction, Collier County Government Complex, General Services Building, Naples, FL 34112, by the date and time as slated in the Legal Notice. ~ can or will be accepted. 9. ~al bids must be placed in a sealed envelope. and plainly marked as follows: (l) The date and time of receipt of the bids by the County Purchasing Director. (2) The number of the bid and the bid title for which the bidder submitting the bid. However, under no circumstances shall any part of, or pertaining directly to the bidder's offer, be exposed on the outside of the bid offer. Snecial Note: All bids sent by courier service must have the bid number and title on the outside of ~ courier packet. Corporations, individuals and other entities are impacted by Chapter 212, Florida Statutes according to the type of service, sale of commodity or other contractual agreement to be made with Collier County. By submittal of a properly executed response to a bid proposal from Collier County, Florida, the bidder is acknowledging that he is aware of his statutory responsibilrdes for sales tax under Chapter 212, Flodda Statutes. Collier County is also exempt from most Federal excise taxes. By submittal of a propedy executed response to a bid proposal from Collier county, Florida, the bidder is acknowledging that he is aware of his responsibilities for Federal excise taxes. 11. Tangible personal property purchasecJ by Contractors in the performance of realty construction for the County is taxable, though the County is exempt on its own pumhases, 12. In case of identical bids tying as low bid, the County shall ask vendors to submit certification that they have a drug-frae workplace in accordance with Section 287.087 Flodda Statutes. Should all vendors provide said certification, the County will give local vendor preference. 13. Permits. Licenses. Taxes: In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Flodda, or the U.S. Government now in force or heraafter adopted. 14. The County resewes the fight to accept item or group of items of this bid, unless the bidder qualified his bid by specific limitations. 15. The County reserves the fight to award any item or groups of items to more than one vendor on any bid unless othen~ise noted in the bid specifications. 16. Alternate bids will not be considered unless authorized by the Invitation for Bids. 17. Bidders on any construction project must be qualified and directly responsible for 30% or more of the Bid amount for said work. 18. Payment will be made by the County within thirty (30) days from receipt and acceptance by the County of delivery of the bid items or receipt of invoice for same, whichever is rec~ivad later. 19. Any Contractor who is a recipient of C~nty ~t~[~01~r ll:,ENI/-/ who proposes to perform an work or fulish ~. 0oods /{,o(..c~i Bid No. 00-3091 "Fleet Vehicles" Page 5 20. 21. under this bid shall not discriminate against any worker, employee or applicant or any member of the public because of age race, color, sex, religion, national origin, disability or marital status nor otherwise commit an unfair employment pracace. For bidders who wish to receive copies of bids after the bid opening, the County reserves the dght to recover all costs associated with the printing and distribution of such copies. Any actual or prospective respondent to an Invitation to Bid or Request for Proposal who is aggrieved with respect to the former, shall file a written protest with the Purchasing Director odor to the opening of the Bid or the due date for acceptance of Proposals. All such protests must be filed with the Purchasing Director no later than 11:00 a.m. Collier County time on the advertised date for the opening of the Bid or the acceptance date for the Request for Proposals. 22. Bid award selection cdteda is as follows: 23. 24. All questions on the Proposal Page shall be answered as to price(s), time requirements, prompt payment terms [discounts], required document submissions and acknowledgment of addenda received. b. Award shall be based upon the responses to all questions on the Proposal Page. Go Further consideration will include but not be limited to references, completeness of bid response and past performances on other County bids/projects. Pdces will be read in public exactly as written on the Proposal Page at the time of the bid opening; however, should an error in calculations occur whenever unit pricing and pdce extensions are requested, the unit pdce shall prevail. Mathematical miscalculations may be corrected by the County to reflect the proper answer. Award of contract will be made by the Board of County Commissioners in public session. Awards pertaining to the Collier County Airport Authority will generally be made by that agency's approval Board. Award shall be made in a manner consistent with the County's Purchasing Policy. Award recommendatJons will be posted outside the offices of the Purchasing Department on Wednesdays and Thursdays. Any actual or prospective respondent who desires to formally protest the recommended contract award must file a nofica of intent to protest with the Purchasing Director within two (2) calendar days (excluding weekends and County holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest and will be given instructions as to the form and content requirements of the formal protesL A copy of the 'Protest Policy' is available at the office of the Purchasing Director. All firms are hereby placed on NOTICE that the County Commission does not wish to be Iobbied...eiltmr individually or collectively...about a project for which a 25. 26. 27. firm has submitted a pmpoeal. Firms and their agents am not to contact members of the County Cornmission for such purposes as meetings of introduction, luncheons, dinners, etc. During the bidding process, from bid opening to final Board approval, no firm or their agent shall contact any other employee of Collier County with the excaption of the Purctmsing Director. The contractor shall employ people to work at County facilities who ara neat, clean, well-groomed and courteous. If the bidder should be of the opinion that the meaning of any part of the Bidding Document is doubtful, obscure or contains errors or omissions he should report such opinion to the Purchasing Director before the bid opening date. The County assumes no responsibility for proposals received after the due date and time, or at any offica or location other than that specified herein, whether due to mail delays, courier mistakes, mishandling, inclement waather or any other reason. Late proposeIs shall be retumed unopened, and shall not be considered for award. AUG 012000 Bid No. 00-3091 "Fleet Vehicles" Page 6 SPECIFICATIONS These specifications provide information to prospective bidders concerning purchase of fleet vehicles by Collier County Government (hereafter shown as County). General: The Board of County Commissioners seeks bids to facilitate purchases of new fleet vehicles for County operations. Vehicles covered under this bid are automobiles, vans, sport utility vehicles, and light/medium-duty trucks up to 20,000 pounds GVWR. Purchases of 50-70 vehicles are expected annually, however, the County makes no commitment to any minimum quantity. Although most fleet vehicles will be purchased from this bid, the County reserves the right to purchase from other government bids if it best serves the interests of the County. Other govemment entities may use this contract under the same conditions and agreements upon agreement by the awarded dealers. Bid Requirements: A qualified bidder must be a manufacturer-authorized dealer of the vehicle makes and models sold to the County, with full maintenance, warranty, and parts capabilities. Due to the make-up of the current County fleet, and parts inventory, tools, and training considerations, only Ford and General Motors dealerships and products will be considered on this bid. Dealership facilities must be located within the Collier/Lee County areas. Bidders must complete the attached Contract Proposal form. The bid will be a percentage figure below total dealer invoice price, including model base price, factory installed options, and destination freight charges (as shown in the current Kelley Blue Book's New Car Pricing manual or software, DEALER INVOICE column); less any National, State, or local factory fleet incentives, or any additional dealer incentives. All special additional equipment not factory installed, such as utility bodies and bedliners, shall be billed at dealer cost as shown on the subcontractor's invoice. An example is shown below with a factory incentive of $3,000.00, dealer discount of three percent, and utility body with a dealer cost of $3,500.00: $25,500.00 - 3.000.00 $22,500.00 - 675,00 $21,825.00 + 3.500,00 $25,325.0O Dealer Invoice including base price, factory options and freight, as shown in Kelly Blue Book's New Car Pricing Less factory fleet incentives (Dealer bid discount 0.03 X $22,500.00=$675.00) Less dealer bid discount Plus dealer cost for utility body Purchase price for County J[[i;Li~: All responsive qualified bidders shall be awarded the bid. Award for purchase of individual vehicles or groups of like vehicles shall be made to the dealer meeting vehicle specifications with the lowest net pdce after factory an~' ;-~ zT.u~/-_ discounts. The County shall be the sole judge of accepting or denying any devitfiot~. //_,~ ~ (-~ / AU6 0 1 200O / // ..... Bid No. 00-3091 "Fleet Vehicles" Page 7 from specifications. Bid pdces shall include delivery and dealer preparation costs. Once a vehicle bid has been awarded, the County may purchase any number of vehicles with the same specifications, during the same model year, from the same vehicle bid of the awarded dealer. Vehicle bids not received dudng the time pedod designated by the County shall be considered as "no bids". On occasions when the needs of the County are immediate or time critical, award may be made on the basis of availability rather than lowest cost. Vehicle Bid Procedures: Collier County Fleet Management shall provide dealers with vehicle specifications and designate a time period for bid response. Specifications shall be sent to all dealers on the same day using the same mode of transmission or transport. Bid responses shall be made in the format provided by Fleet Management. Fleet Management will review all bid responses for specification compliance and bid prices as compared to Kelley Blue Book, and then award the bid. If bid prices do not reasonably match Kelley Blue Book prices, the dealer shall be required to supply a copy of the dealer's invoice provided by the manufacturer. The County shall be the sole judge of determining reasonableness of bids in relation to Kelly Blue Book. Award results will be announced to all bidders. A County purchase order shall be issued to the dealer as official authority to order the awarded vehicle(s). Delivery_: Bidders shall have ninety (90) days to deliver normal production vehicles and one hundred twenty (120) days to deliver vehicles with dealer options or additional equipment. If vehicles are not delivered within these time periods, the County shall have the option of canceling the purchase order and awarding the bid to the next lowest bidder or to the bidder with the quickest availability. All vehicles shall be cleaned, serviced (including all normal dealer preparations), and delivered to Collier County Fleet Management at 2901 County Barn Road, Naples, Florida. Vehicles shall be delivered with the window sticker attached to the window. Unless otherwise informed by Fleet Management, all vehicles will be titled to Collier County Board of County Commissioners, 3301 Tamiami Trail East, Naples, Florida 34112; FEID 59-6000558; Tax Exemption #21-07-019995-53C. Vehicles shall be delivered with the following documents appropriately completed: Manufacturer's Certificate of Origin for a Vehicle Application for Certificate of Title with/without Registration Motor Vehicle Dealer Title Reassignment Supplement Temporary Registration and Tag Operator's Manual Warranty Certifications Odginal Invoice Weight certificate or affidavit showing total weight of delivered vehicle when a utility body or other significant component has been added to a truck cab and chassis. ALJ$ 0 1 000 Bid No. 00-3091 "Fleet Vehicles" Page 8 Invoices: Invoices must include Purchase Order number, vehicle description, and Vehicle Identification Number (VIN). Billing questions or concerns should be directed to the Collier County Fleet Manager, phone (941) 793-5655. Terms of Contract: After approval by the Board of County Commissioners, this contract shall commence on October 1, 2000, and will remain in effect for three (3) years. Quantities: The quantities listed in the Contract Proposal are approximate and are for the purpose of bid evaluation. The County reserves the right to order such quantities as may be required during said period, but does not guarantee any minimum or maximum to be ordered during the period specified. Contract Renewal: The County shall have the option to renew this contract, with Board of County Commissioners approval and consent of the awarded dealers, under the same terms and conditions for an additional three (3) year period. In the event a dealer declines renewal, the County shall have the option to renew the contract with the remaining awarded dealers. S.oecial Note: Collier County Government, is a member of the SW Flodda Purchasing Consortium. It is hereby made a part of this Invitation to Bid that the submission of any bid in response to this publicized request constitutes a bid made under the same conditions, for the same contract pdce, to the other members of the said Consortium. Vendor Performance Evaluation: Collier County has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion/termination of agreement. Termination: Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County, the County may terminate this Agreement immediately for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. l¢.d[110~,. IT£1'~ / AUG o 1 2000 Bid No. 00-3091 "Fleet Vehicles" Page 11 PROPOSAL CONTINUED The service to be furnished by us is hereby declared and guaranteed to be in conformance with the specifications of the County. The undersigned do agree that should this Proposal be accepted, to execute the form of contract and present the same to the County Purchasing Director for approval within fifteen (15) days after being notified of the awarding of the Contract. The undersigned do further agree that failure to execute and deliver said forms of contract within fifteen (15) days, will result in damages to the County. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this ~ day of ,2000 in the County of , in the State of Firm's Complete Legal Name Check one of the following: Sole Proprietorship Corporation or P.A. Limited Partnership General Partnership Phone No. FAX No. Address City, State, ZIP BY: Typed and Wdtten Signature Title NOTE: If you choose to bid, please submit an ORIGINAL and ONE COPY of your proposal pages. AU$ 0 12000 I EXECUTIVE SUMMARY Approval of Changes to the Collier County Group Benefit Plan. OBJECTIVE: To receive approval of a change in the waiting period for coverage commencement and to allow part time employees to purchase group health coverage through the County's plan. CONSIDERATIONS: The Board of Commissioners offers a self-funded health insurance plan for its employees and their dependents. In order to enhance the county's ability to attract quality employees, the Risk Management staff is recommending that two changes be approved to the plan. First, it is recommended that the waiting period for the commencement of health insurance coverage begin on the first day of the month following the date of hire. Currently, the plan allows for coverage to begin on the first day of the month following the completion of 60 days of employment. On average employees have experienced a 75-day waiting period for coverage to commence. This change means that new employees will experience a maximum wait of 31 days for coverage to begin and on average a 14-day waiting period. Additionally, employee contributions will begin at the time coverage begins rather than being collected on a pre-paid basis. Second, it is recommended that part time regular employees who work more than 20 hours per week be allowed to purchase coverage through the county's group health plan on a pre-tax basis. The Board would not subsidize the premium. In addition, these employees would be allowed to purchase other voluntary benefits under the county's flexible benefit plan on a payroll deduction basis with payroll deductions taken in accordance with each carrier's requirements and subject to Internal Revenue Tax law. It is recommended that the change to the waiting period would be effective September 1, 2000. It is also recommended that the change allowing part time employees to purchase coverage be effective January 1, 2001 to coincide with the annual open enrollment period. FISCAL IMPACT: There is no fiscal impact associated with these changes. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: It is recommended that the Board approve the changes as described in the Executive Summary. SUBMITrED BY: REVIEWED BY: ~J:~alker, CPCU, ARM, Director, Risk Management 1~/]/~/ Date: 7/i Jo-Ann Varcoe-Leamer, Support Services Administrator AUG 0 1 2000 Pg., / _ EXECUTIVE SUMMARY APPROVAL OF LEASE AGREEMENTS BETWEEN COLLIER COUNTY AND ROGER CARVALLO FOR rite CONTINUED USE OF OFFICE SPACE FOR TI-IE CLERK OF COURTS. 12~[F.~II~: Approval of Lease Agreements between Collier County ("County") and Roger Carvallo for the continued use of office space for the Clerk of Courts at Court Plaza III. CONSIDERATION: In 1996 and 1998, the Board of County Commissioners approved Lease Agreements in order for the Clerk to the Board to utilize office space at Court Plaza III which is located north of the Government Complex. These offices are used by the Clerk's Bookkeeping and Internal Audit Departments. The existing Leases are scheduled to terminate on November 14, 2000, and the Clerk has requested that both be extended. The attached Lease Agreements commence on November 14, 2000 and terminate on November 13, 2001. There is a provision for the Lease terms to renew annually and a provision for early termination. The annual rent for Unit 102 shall be Sixteen Thousand One Hundred Ninety Dollars and Eighty Cents ($16,190.80) and the rent for Unit 104 shall be Seventeen Thousand Four Hundred Seventy-two Dollars ($17,472.00). The rent includes all Common Area Maintenance fees. These rents are reflective of rents for like properties in the immediate area. Collier County is responsible for all charges pertaining to janitorial maintenance, electricity and telephone charges. '"~'The attached Lease Agreement was reviewed by the Clerk to the Board, Facilties Management Department, Office of .he County Attorney and Risk Management Department. FISCAL IMPACT: The annual rent for Unit 102 of Sixteen Thousand One Hundred Ninety Dollars and Eighty Cents ($16,190.80), the rent for Unit 104 of Seventeen Thousand Four Hundred Seventy-two Dollars ($17,472.00) and utility charges shall be withdrawn from General Fund, Board Paid for Clerk's Cost Center. GROWTH MANAGEMENT: None RECOMMENDATION: That the Board of County Commissioners approve the two (2) Lease Agreements with Roger Carvallo for the continued use of office space at Court Plaza III and authorize its Chairman to execute same and approve any and all budget amendments concerning payments. ~lichael H. Dowling, Senior S~cia~st, Rea~?~operty Management Department ban Rodriguez, FacilitieffM nager,,~acis Management Department APPROVED BY: var~er DATE: ~'//~'v/~O Jo-Anne , Administrator, Support Services Division AU$ 0 1 2000 [ Lease #816 LEASE AGREEMENT THIS LEASE AGREEMENT entered into this __ day.of , 2000, between ~ger Carvallo whose mailing address is P.O. Box 7714, Naples, Florida 34102, hereinafter referred to as "LESSOR", and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred as "LESSEE". WlTNESSETH In consideration of the mutual covenants contained herein, and other valuable consideration, the parties agree as follows: ARTICLE 1. ~ LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR 1,180 square feet of finished office space, more specifically known as, Unit 102, Court Plaza III, located at 2671 Airport Road, Naples, Florida 34112, hereinafter referred to as the "Demised Premises", for the sole purpose of operating a government office. ARTICLE 2. ~ LESSEE shall have and hold the Demised Premises for a term beginning November 14, 2000, and ending November 13, 2001. LESSEE is granted the option, prov/ded it is not in default of any of the terms of this Lease, to renew same annually under the terms and conditions as provided herein, by giving written notice of LESSEE'S intention to do so to the LESSOR not less than thirty (30) days prior to the expirations of the leasehold estate hereby created. Said notice period shall commence upon placement of the written ~notice in an official depository of the United States Post Office, Registered or Certified Mail, Postage ~aid. LESSEE, however, reserves the right to terminate this Lease, with or without cause, upon thirty (30) days prior written notice of such termination to LESSOR at the address set forth in ARTICLE 12 of this Lease. Said notice period shall be effective upon placement of the written notice in an official depository of the United States Post Office, Registered or Certified Mall, Postage Prepaid. ARTICLE 3. Rent LESSEE hereby covenants and agrees to pay as rent for the Demised Premises the sum of Sixteen Thousand One Hundred Ninety Dollars and Eighty Cents ($16,190.80) per annum in equal monthly installments of One Thousand Three Hundred Forty-nine Dollars and Twenty-four Cents ($1,349.24) each. All rental payments shall be due payable in advance on the first day of every calendar month during the term hereof. If the terms of this Lease shall commence on a day other than the first day of the month, LESSEE shall pay rental equal to one thirtieth (l/30th) of the monthly rental multiplied by the number of rental days of such fractional month. In the event LESSEE elects to renew this Lease, as provided for above, the rent set forth in this ARTICLE shall be increased annually for the ensuing one year renewal terms in the same proportion that the Consumer Price Index for Urban Wage Earners and Clerical Workers-United States City Average, all Item-Series A 0982 - 84 = 100), United States Department of Labor had increased for the preceding year. However, in no event shall the annual minimum rent be less than Sixteen Thousand One Hundred Ninety Dollars and Eighty Cents ($16,190.80) nor shall any yearly increase be greater than five (5) percent. In the event that the Consumer Price Index ceases to incorporate a significant number of items, or if a substantial change is made in the method of establishing such Consumer Price Index, .--then the Consumer Price Index shall be adjusted to the figure that would have resulted had no change 2urred in the manner of computing such Consumer Price Index. In the event that such Consumer vrice Index (or a successor or substitute index) is not available, a reliable governmental or other nonpartisan publication, evaluating the information thereto for use in determining the Consumer Price Index, shall be used in lieu of such Consumer Price Index. Said increase shall be provided by LESSOR in writing to LESSEE no later than thirty (30) days following the renewal tenn. ARTICLE ~. Other Exp~nses and Charges LESSEE shall provide and pay for all janitorial services and charges for electricity and telephone service pertaining to the Demised Premises. If LESSEE requests LESSOR to supply utility services and/or janitorial services, LESSEE agrees to pay the same as additional rent within thirty (30) days of its receipt of the LESSOR'S bill or invoice. LESSEE is allowed to use, without additional charges, those Common Areas in and around the building. Common Area shall mean those areas and improvements for the common use and enjoyment of the LESSOR, LESSEE and their respective employees, agents, independent contractors, invitees, guests and licensees; such Common Area includes, but is not limited to, parking areas, lighting facilities, utility lines, sidewalks, access roads, ramps, roof space, rest rooms and any areas which LESSOR provides for the common or joint use to tenants of the Demised Promises. LESSOR shall pay all charges relating to the Operating Costs of the building and property. Operating Costs shall mean the costs of operating, managing and maintaining the Common Area, including costs of insurance paid by LESSOR, all taxes, fees and assessments, including special assessments, imposed upon the Demised Premises, expenses associated with major equipment, component repair and/or maintenance of the Demised Premises (interior and exterior) and other expenses which relate to the entire Demised Premises. ARTICLE 5. Modifications to Demised Premises Prior to making any changes, alterations, additions or improvements to the Demised Premises, LESSEE will provide to LESSOR all proposals and plans for alterations, improvements, changes or additions to the Demised Premises for LESSOR'S written approval, specifying in writing the nature and extent of the desired alteration, improvement, change, or addition, along with the contemplated starting and completion time for such project. LESSOR or its designee will then have sixty (60) days within which to approve or deny in writing said request for changes, improvements, alterations or additions. LESSOR shall not unreasonably withhold its consent to required or appropriate alterations, improvements, changes or additions proposed by LESSEE. If after sixty (60) days there has been no response from LESSOR or its designee to said proposals or plans, then such silence shall be deemed as an approval to such request of LESSEE. LESSEE covenants and agrees in connection with any maintenance, repair work, erection, construction, improvement, addition or alteration of any authorized modifications, additions or improvements to the Demised Premises, to observe and comply with all then and future applicable laws, ordinances, rules, regulation, and requirements of the United States of America, State of Florida, County of Collier, and any and all governmental agencies. All alterations, improvements, and additions to said Demised Premises shall at once, when made or installed, be deemed as attached to the freehold and to have become property of LESSOR. Prior to the termination of this Lease or any renewal term thereof, or within thirty (30) days thereafter, if LESSOR so directs, LESSEE shall promptly remove the additions, improvements, alterations, fixtures and installations which were placed in, on or upon the Demised Premises by LESSEE and which are designated in said notice, and repair any damage oecasioned to the Demised Premises by such removal and in default thereof, LESSOR may complete said removals and repairs at LESSEE'S expense. LESSEE covenants and agrees not to use, occupy, suffer or permit said Demised Premises or any part thereof to be used or occupied for any purpose contrary to law or the rules or regulations of any public authority. ARTICLE 6. Access to Demised Premises LESSOR, its duly authorized agents, representatives and employees, shall have the right after reasonable notice to LESSEE, to enter into and upon the Demised Premises or any part thereof at all reasonable hours for the purpose of examining same and making repairs or janitorial service therein, and for the purposes of inspection for compliance with the provisions of this Lease Agreement. ARTICLE 7. Assi_mmaent and Sul>l~Vdng LESSEE covenants and agrees not to assign this Lease or to sublet the whole or any part of the Demised Premises, or to permit any other persons to occupy same without the written consent of LESSOR. Any such assignment or subletting, even with the consent of LESSOR, shall not relieve LESSEE from liability for payment of rent or other sum.~ herein provided or from the obligation to keep 2 AU$ 0 1 2000 and be bound by the terms, conditions and covenants of this Lease. The acceptance of rent from any other person shall not be deemed to be a waiver of any of the provisions of this Lease or to be a consent to the assignment of this Lease or subletting of the Demised Premises. "'~.TICLE 8. Ins~ce The LESSEE will at all times carry comprehensive general liability insurance in an amount not less that the sum of $1,000,000.00 single occurrence, $1,000,000.00 aggregate. The cost of all such premiums on all such policies shall be paid and home by the LESSEE, and the certificate of such insurance thereof shall be filed with the LESSOR. ARTICLE 9. ~ LESSEE shall, at its sole cost and expense, keep the Demised Premises clean at all times. If said Demised Premises are not kept clean in the opinion of LESSOR, LESSEE'S manager will be so advised in writing. If corrective action is not taken within thirty (30) days of the receipt of such notice, LESSOR will cause the same to be cleaned and corrected and LESSEE shall assume and pay all necessary cleaning costs and such costs shall constitute additional rent which shall be paid by LESSEE within thirty (30) days of receipt of written notice of costs incurred by LESSOR. ARTICLE 10. Default by Lessee Failure of LESSEE to comply with any provision or covenant of this Lease shall constitute a default, LESSOR may, at its option, terminate this Lease after sixty (60) days written notice to LESSEE, unless the default be cured within the notice period (or such additional time as is reasonably required to correct such default). LESSOR shall in no event be charged with default in the performance of any of its obligations hereunder unless and until LESSOR shall have failed to perform such obligations within n/nety (90) 's (or such additional time as is reasonably required to correct such default) after notice to LESSOR LESSEE properly specifying wherein LESSOR has failed to perform any such obligations. ARTICLE 12. Notices Any notice which LESSOR or LESSEE may be required to give to the other party shall be in writing to the other party at the following addresses: LESSEE: Board of County Commissioners c/o Real Property Mgmt. Dept. 3301 Tamiami Trail East W. Harmon Turner Building Naples, Florida 34112 LESSOR: Mr. Roger Carvallo c/o Sun Real Estate P.O. Box 7714 Naples, Florida 34102 co: Office of the County Attorney Clerk to the Board Facilities Management Department ARTICLE 13. Surrender of Premises LESSEE covenants and agrees to deliver up and surrender tO LESSOR possession of the Demised Premises upon expiration of this Lease, or its earlier termination as herein provided, broom clean and in as good condition and repair as the same shall be at the commencement of the term of this Lease or may have been put by LESSOR or LESSEE during the continuance thereof, ordinary wear and tear and damage by fire or the elements beyond LESSEE'S control excepted. ~.~RTICLE 14. General Provisions LESSEE fully understands that the police and law enfomement security protection provided by law enforcement agencies to the Demised Premises is limited to that provided to any other business or agency situated in Collier County, and LESSOR acknowledges that any special security measures deemed necessary 3 ~%~m~#OA ITEM AUG 0 0 pg., - [ -- for additional protection of the Demised Premises shall be the sole responsibility and cost of LESSEE and shall involve no cost or expense to LESSOR. LESSEE expressly agrees for itself, its successor and assigns, to refrain from any use of the Demised Premises which would interfere with or adversely affect the operation or maintenance of LESSOWS standard operations where other operations share common facilities. ARTICLE 15. Radon Gas In compliance with Section 404.056, Florida Statutes, all parties are hereby made aware of the following: Radon is a naturally occurring radioactive gas that, when it has accumulated in a build'mg in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from Collier County Public Health Unit. ARTICLE 16. ~ This Lease Agreement shall become effective upon execution by both LESSOR and LESSEE. ARTICLE 17. ~ This Lease Agreement shall be governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals. AS TO THE LESSEE: DATED: ATTEST: DWIGHT E. BROCK, Clerk BY: , Deputy Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA BY: TIMOTHY J. CONSTANTINE, Chairman AS TO THE LESSOR: wi ss ( 'gn ) print n~e _ S (silageS' p~nt n~ App~orm and ~ Assistant County Attorney 4 AUG 0 1,,2..000 Lease #838 LEASE AGREEMENT THIS LEASE AGREEMENT entered into this __ day of , 2000, between Roger Ca~allo whose mailing address is P.O. Box 7714, Naples, Florida 34102, hereinafter refcn'ed to as "LESSOR", and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred as "LESSEE". WIT.NESSETH In consideration of the mutual covenants contained here'm, and other valuable consideration, the parties agree as follows: ARTICLE 1. ])~llli~L/~m~,a LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR 1,280 square feet of finished office space, more apecifieally known as, Unit 104, Court Plaza III, locatexl at 2671 Airport Road, Naples, Florida 34112, hereinafter referred to as the "Demised Premises", for the sole purpose of operating a government office. ARTICLE 2. T~ of L~se LESSEE shall have and hold the Demised Premises for a term beginning November 14, 2000, and ending November 13, 2001. LESSEE is granted the option, provided it is not in default of any of the terms of this Lease, t~ renew same annually under the terms and conditions as provided herein, by giving written notice of LESSEE'S intention to do so to the LESSOR not less than thirty (30) days prior to the expirations of the leasehold estate hereby created. Said notice period shall commence upon placement of the written notice in an official depository of the United States Post Office, Registered or Certified Mail, Postage Prepaid. LESSEE, however, reserves the right to terminate this Lease, with or without cause, upon thirty (30) days prior written notice of such termination to LESSOR at the address set forth in ARTICLE 12 of this Lease. Said notice period shall be effective upon placement of the written notice in an official depository of the United States Post Office, Registered or Certified Mail, Postage Prepaid. ARTICLE 3. Rent LESSEE hereby covenants and agrees to pay as rent for the Demised Premises the sum of Seventeen Thousand Four Hundred Seventy-two Dollars ($17,472.00) per annum in equal monthly installments of One Thousand Four Hundred Fifty-six Dollars ($1,456.00) each. All rental payments shall be due payable in advance on the first day of every calendar month during the term hereof. If the terms of this Lease shall commence on a day other than the first day of the month, LESSEE shall pay rental equal to one thirtieth (i/30th) of the monthly rental multiplied by the number of rental days of such fractional month. In the event LESSEE elects to renew this Lease, as provided for above, the rent set forth in this ARTICLE shall be increased annually for the ensuing one year renewal terms in the same proportion that the Consumer Price Index for Urban Wage Earners and Clerical Workers-United States City Average, all Item-Series A (1982 - 84 = 100), United States Department of Labor had increased for the preceding year. However, in no event shall the annual minimum rent be less than Seventeen Thousand Four Hundred Seventy-two Dollars ($17,472.00) nor shall any yearly increase be greater than five (5) percent. In the event that the Consumer Price Index ceases to incorporate a significant number of items, or if a substantial change is made in the method of establishing such Consumer Price Index, then the Consumer Price Index shall be adjusted to the figure that would have resulted had no change occurred in the manner of computing such Consumer Price Index. In the event that such Consumer Price Index (or a successor or substitute index) is not available, a reliable governmental or other nonpartisan publication, evaluating the information thereto for use in determining the Consumer Price Index, yh~n later than thirty (30) days following the renewal term. I ' l_ -? ARTICLE 4. Other Expenses and Charges LESSEE shall provide and pay for all janitorial services and charges for electricity and telephone service pertaining to the Demised Premises. If LESSEE requests LESSOR to supply utility services and/or janitorial services, LESSEE agrees to pay the same as additional rent within thirty (30) days of iV receipt of the LESSOR'S bill or invoice. LESSEE is allowed to use, without additional charges, those Common Areas in and around the building. Common Area shall mean those areas and improvements for the common use and enjoyment of the LESSOR, LESSEE and their respective employees, agents, independent contractors, invitees, guests and licensees; such Common Area includes, but is not limited to, parking areas, lighting facilities, utility lines, sidewalks, access roads, ramps, roof space, rest rooms and any areas which LESSOR provides for the common or joint use to tenants of the Demised Premises. LESSOR shall pay all charges relating to the Operating Costs of the building and property. Operating Costs shall mean the costs of operating, managing and maintaining the Common Area, including costs of insurance paid by LESSOR, all taxes, fees and assessments, including special assessments, imposed upon the Demised Premises, expenses associated with major equipment, component repair and/or maintenance of the Demised Premises (interior and exterior) and other expenses which relate to the entire Demised Premises. ARTICLE 5. Modifications to Demised Premises Prior to making any changes, alterations, additions or improvements to the Demised Premises, LESSEE will provide to LESSOR all proposals and plans for alterations, improvements, changes or additions to the Demised Premises for LESSOR'S written approval, specifying in writing the nature and extent of the desired alteration, improvement, change, or addition, along with the contemplated starting and completion time for such project. LESSOR or its designee will then have sixty (60) days within which to approve or deny in writing said request for changes, improvements, alterations or additions. LESSOR shall not unreasonably withhold its consent to required or appropriate alterations, improvements, changes or additions proposed by LESSEE. If after sixty (60) days there has been no response from LESSOR or its designee to said proposals or plans, then such silence shall be deemed as an approval to such request of LESSEE. LESSEE covenants and agrees in connection with any maintenance, repair work, erection, construction, improvement, addition or alteration of any authorized modifications, additions or improvements to the Demised Premises, to observe and comply with all then and future applicable laws, ordinances, rules, regulation, and requirements of the United States of America, State of Florida, County of Collier, and any and all governmental agencies. All alterations, improvements, and additions to said Demised Premises shall at once, when made or installed, be deemed as attached to the freehold and to have become property of LESSOR. Prior to the termination of this Lease or any renewal term thereof, or within thirty (30) days thereal~er, if LESSOR so directs, LESSEE shall promptly remove the additions, improvements, alterations, fixtures and installations which were placed in, on or upon the Demised Premises by LESSEE and which are designated in said notice, and repair any damage occasioned to the Demised Premises by such removal and in default thereof, LESSOR may complete said removals and repairs at LESSEE'S expense. LESSEE covenants and agrees not to use, occupy, suffer or permit said Demised Premises or any part thereof to be used or occupied for any purpose contrary to law or the rules or regulations of any public authority. ARTICLE 6. Access to Demised Premises LESSOR, its duly authorized agents, representatives and employees, shall have the right after reasonable notice to LESSEE, to enter into and upon the Demised Premises or any part thereof at all reasonable hours for the purpose of examining same and making repairs or janitoria service therein, and for the purposes of inspection for compliance with the provisions of this Lease Agre ARTICLE 7. Assi_m'maent and Subletting LESSEE covenants and agrees not to assign this Lease or to sublet the wh¢ ~ or_any part of the Demised Premises, or to permit any other persons to occupy same without th ......... ~r,...'_gff.~/~ LESSOR. Any such assignment or subletting, even with the consent of LESSOR, shall not relieve LESSEE from liability for payment of rent or other sums herein provided or from the obligation to keep tmen~OA ITEM No. ,t~ G--_g' AUG 0 1 200' 2 and be bound by the terms, conditions and covenants of this Lease. The acceptance of rent fi'om any other person shall not be deemed to be a waiver of any of the provisions of this Lease or to bca consent to the assignment of this Lease or subletting of the Demised Premises. ARTICLE 8. ~s~ance The LESSEE will at all times carry comprehensive general liability insurance in an amount not less that the sum of $1,000,000.00 single occurrence, $1,000,000.00 aggregate. The cost of all such premiums on all such policies shall be paid and borne by the LESSEE, and the certificate of such imuranee thereof shall be filed with the LESSOR. ARTICLE 9. Maintenance LESSEE shall, at its sole cost and expense, keep the Demised Premises clean at all times. If said Demised Premises are not kept clean in the opinion of LESSOR, LESSEE'S manager will be so advised in writing. If corrective action is not taken within thirty (30) days of the receipt of such notice, LESSOR will cause the same to be cleaned and corrected and LESSEE shall assume and pay all necessary cleaning costs and such costs shall constitute additional rent which shall be paid by LESSEE within thirty (30) days of receipt of written notice of costs incurred by LESSOR. ARTICLE 10. I~tfAglLIL3LI~,~ Failure of LESSEE to comply with any provision or covenant of this Lease shall constitute a default, LESSOR may, at its option, terminate this Lease after sixty (60) days written notice to LESSEE, unless the default be cured within the notice period (or such additional time as is reasonably required to correct such default). LESSOR shall in no event be charged with default in the performance of any of its obligations hereunder unless and until LESSOR shall have failed to perform such obligations within ninety (90) days (or such additional time as is reasonably required to correct such default) after notice to LESSOR by LESSEE properly specifying wherein LESSOR has failed to perform any such obligations. ARTICLE 12. Notices Any notice which LESSOR or LESSEE may be required to give to the other paay shall be in writing to the other party at the following addresses: LESSEE: Board of County Commissioners c/o Real Property Mgmt. Dept. 3301 Tamiami Trail East W. Harmon Turner Building Naples, Florida 34112 LESSOR: Mr. Roger Carvallo c/o Sun Real Estate P.O. Box 7714 Naples, Florida 34102 cc: Office of the County Attorney Clerk to the Board Facilities Management Department ARTICLE 13. Surrender of Premises LESSEE covenants and agrees to deliver up and surrender to LESSOR possession of the Demised Premises upon expiration of this Lease, or its earlier termination as herein provided, broom clean and in as good condition and repair as the same shall be at the commencement of the term. of this Lease or may_have been put by LESSOR or LESSEE during the continuance thereof, ordinary wear ~nd l~slag~ll~ by*fil'e or the elements beyond LESSEE'S control excepted. ARTICLE 14. General Provisions L ESSEE fully unders~mds that the police and law enforcement security p~Z~ ~ law ~forcement agencies to the Demised Premises is limited to that provided to any other business or agency situated in Collier County, and LESSOR acknowledges that any special security measures deemed necessary 3 for additional protection of the Demised Premises shall be the sole re~pomibility and cost of LESSEE and shall involve no cost or expense to LESSOR. LESSEE expressly agrees for itself, its successor and assigns, to refrain from any use of the Demised Premises which would interfere with or adversely affect the operation or maintenance of LESSOR'S stm operations where other operations share common facilities. ARTICLE 15. Radon G~ In compliance with Section 404.056, Florida Statutes, all parties are hereby made aware of the following: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from Collier County Public Health Unit. ARTICLE 16. ~ This Lease Agreement shall become effective upon execution by both LESSOR and LESSEE. ARTICLE 17. Govermng Law This Lease Agreement shall be governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals. AS TO THE LESSEE: DATED: ATTEST: DWIGHT E. BROCK, Clerk BY: , Deputy Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA BY: TIMOTHY J. CONSTANTINE, Chairman AS TO THE LESSOR: ROOL'WCARVALL0 Approved as to form and Assistant County Attorney 4 i AUG 0 12000 ! EXECUTIVE SUMMARY ACCEPT GRANTS OF EASEMENT FOR THE INSTALLATION OF DIRECTIONAL AND/OR IDENTIFICATION SIGNS, LANDSCAPING, LIGHTING AND MAINTENANCE OBJECTIVE: Staff is requesting the Board of County Commissioners accept Grants of Easement from Uccello Immobilien, Gmbh., a German Corporation authorized to do business in the State of Florida, and NPB Limited, L.L.C., a Delaware Limited Liability Company, to provide for the installation of directional and/or identification signs, landscaping, lighting, and maintenance, upon approval of all documents by the Office of the County Attorney. CONSIDERATION: Grants of Easement are required to allow Collier County to install directional and/or identification signs, landscaping, lighting, and maintenance. Staff has obtained the Grants of Easement by donation. Acceptance of these Grants of Easement will be subject to the review and approval of all conveyance and release documents by the Office of the County Attorney, prior to closing. FISCAL IMPACT: Total acquisition including documentary stamps and recording costs is $199.80, and funds are available in Fund it 109. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners: (1) Approve and accept the Grants of Easement granted by Uccello Immobilien, Gmbh., a German Corporation authorized to do business in the State of Florida, and NPB Limited, EL.C, a Delaware Limited Liability Company, which have been donated to Collier County, subject to review and approval by the Office of the County Attorney; (2) Authorize staff to record the Grants of Easement and appropriate documents to clear title in the Public Records of Collier County, Florida, subject to review and approval by the Office of the County Attorney. SUBMITTED BY: /~ xv7 ~9 DATE: Real Property~vIanagement Department REVIEWED BY: APPROVED BY: J_~mes P. Ward, Dire~r Pelican Bay S. ~efvi~ Division Jo-Anne Varcoe-Leamer, Administrator Support Services Division DATE: AUG 0 1 2000 PROJECT: Pelican Bay Services PARCEL A GRANT OF EASEMENT THIS EASEMENT made and entered into this day of ,20 , by NPB LIMITED, L.L.C., a Delaware Limited Liability Company, whose mailing address is c/o Faison & Associates, 121 West Trade Street, Suite 2550, Charlotte, North Carolina 28202-5399, as Grantor to COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East, 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 heirs, legal representatives, successors and assigns.) WHEREAS, Grantor has agreed to grant to Grantee an easement for purposes of the installation, and maintenance of directional and/or identification signs, landscaping, lighting and maintenance of said improvements on and over the property described on the attached Exhibit "A" made a part hereof; NOW THEREFORE, WITNESSETH: Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which is heraby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a perpetual, non-exclusive easement, license and privilege for purposes of the installation of directional and/or identification signs, landscaping, lighting, and maintenance of said improvements within said easement on the following described lands located in Collier County, Florida to wit: See attached Exhibit 'A" which is ~~ incorporated herain by reference. Subject to easements, restrictlons, and reservations of record. THIS IS NOT HOMESTEAD PROPERTY TO HAVE AND TO HOLD foraver the easement heraby granted to Grantee, subject to the following: Grantee, by acceptance of this easement, agrees the following for itself, its successors and assigns: 1) Grantee shall have the right to determine the size, color, content, shape and placement of any signs as well as the number of signs desired to be installed by Grantee. Once installed, signs, landscaping and associated lighting shall be maintained by Grantee in a neat, attractive and dean condition. 2) In the event Grantee shall cease to use the easement for the purpose intended for a period in excess of two (2) years, then this easement shall automatically terminate and Grantee shall vacate said easement or relevant parts thereof and restore all grounds to the condition found prior to any placement or construction. AU$ o 12000 3) In the event Grantee shall violate any of the terms and conditions contained herein and has, after receiving written notice of such default, failed within a reasonable time to cure said default, Grantor may, upon written notice to Grantee, terminate this easement and require Grantee to restore all grounds to the condition as found prior to any placement or construction. This easement shall be binding upon and shall insure to the benefit of the parties hereto, their successors and assigns. / IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. Witness (Signature) Name: (Print or type) Witness (Signature) Name: (Pdnt or type) NPB, LIMITED, L.L.C., a Delaware Limited Liability Company By: John B. Detwiler, wce President-Real Estate c/o Faison & Associates 121 West Trade Street Suite 2550 Charlotte, NC 28202-5399 STATE OF .. · COUNTY OF ~'~"~ '~It The foregoing GRANT OF EASEMENT was acknowledged before me this ~ day of ,20 by John B. Detwiler, as Vice President-Real Estate, of NPB, LIMITED, L.L.C., a Delaware Limited Liability Company, who is personally known to me or who has produced [type of identification] as identification. (affix notarial seal) (Signature of Notary Public) (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission #: My Commission Expires: ~o, . AUG O ! 2000 PROJECT: Pelican Bay Services PARCEL TWO GRANT OF EASEMENT THIS EASEMENT made and entered into this day of ,20 , by UCCELLO IMMOBILEN GMBH, A/K/A UCCELLO IMMOBILIEN GMBH, a German corporation authorized to do business in the State of Florida, whose mailing address Is c/o Kirstin I. Baler, Esq., Baler & Waldroth-Sadumi, 999 Brickell Avenue, Suite 1006, Miami, Florida 33131, as Grantor to COLLIER COUNTY, a political subdivision of the State of Flodda, whose mailing address is 3301 Tamiami Trail East, 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 heirs, legal representatives, successors and assigns.) WHEREAS, Grantor has agreed to grant to Grantee an easement for purposes of the installation, and maintenance of directional and/or identification signs, landscaping, lighting and maintenance of said improvements on and over the property described on the attached Exhibit 'A" made a part hereof; NOW THEREFORE, 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 purposes of the installation of directional and/or identification signs, landscaping, lighting, and maintenance of said improvements within said easement on the following described lands located in Collier County, Florida to wit: See attached Exhibit "A" which is %~~1~ incorporated herein by reference. Subject to easements, restrictions, and reservations of record. THIS IS NOT HOMESTEAD PROPERTY TO HAVE AND TO HOLD forever the easement heraby granted to Grantee, subject to the following: Grantee, by acceptance of this easement, agrees the following for itself, its successors and assigns: · 1) Grantee shall have the fight to determine the size, color, content, shape and placement of any signs as well as the number of signs desired to be installed by Grantee. Once installed, signs, landscaping and associated lighting shall be maintained by Grantee in a neat, attractive and clean condition, and shall remain the property of Grantee. 2) In the event Grantee shall cease to use the easement for the purpose intended for a period in excess of two (2) years, then this easement shall automatically terminate and Grantee shall vacate said easement or relevant parts thereof and restore all grounds to the condition found prior to any placement or construction. All improvements made by Grantee shall remain Grantee's AUG 0 1. 2000 property, and Grantee shall have the right to remove and retain said improvements, including landscape materials, upon vacation of the easement. 3) In the event Grantee shall violate any of the terms and conditions contained herein and has, after receiving written notice of such default, failed within a reasonable time to cure said default, Grantor may, upon written notice to Grantee, terminate this easement and require Grantee to restore all grounds to the condition as found prior to any placement or construction. This easement shall be binding upon, and shall insure to the benefit of the parties hereto, their successors and assigns. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. Witness (Signature) Name: (Print or type) UCCELLO IMMOBILEN GMBH, A/K/A UCCELLO IMMOBILIEN GMBH, e German corporation authorized to do business in the State of Florida, by Welsh Companies, S.E., Inc., a Florida corporation, Its Authorized Agent Witness (Signature) Name: (Pdnt or type) By:. President Name and Address: (Print or type) (Address) STATE OF ~'~ COUNTY OF The foregoing GRANT OF EASEMENT was ackndwtedged before me this ~ , 20 by (Name), as day of (Title), of Wel~h Companies, S.E., Inc., a Florida corporation, as Authorized Agent of UCCELLO IMMOBtLEN GMBH, A/K/A UCCELLO IMMOBILIEN GMBH, a German corporation authorized to do business in the State of FIodda, who is personally known to me or who has produced [type of identification] as identification. (affLx notarial seal) (Signature of Notary Public) (Pdnt Name of Notary Public) NOTARY PUBLIC Serial/Commission #: My Commission Expires: i- AGE NOW "" AUG O pOOl) Pg. ,..- r/ EXECUTIVE SUMMARY APPROVE BUDGET AMENDMENT TO INCREASE APPROPRIATIONS FOR PERSONNEL AND OPERATING COSTS IN FLEET MANAGEMENT FUND ($21). OBJECTIVE: Obtain Board approval to increase appropriations for personnel and operating costs in Fleet Management Fund (521). CONSIDERATIONS: Personnel overtime costs to meet fleet maintenance requirements have exceeded original projections. Several factors contributed to the overtime shortfall including mechanic shortage, mechanic turbulence, vehicle and equipment increases, and heavy equipment warranty expirations. The increase in Fleet Management's workload associated with County Government growth is recognized in next year's budget with appropriate overtime allocations and an additional mechanic position. Fleet Management has also had unanticipated increases in operating costs this year, mainly associated with parts, operating supplies, and leased vehicles. Parts cost is the principal reason for budget overrun, primarily due to expensive unscheduled component replacements on heavy equipment. FISCAL IMPACT: Fleet Management expenditure appropriations will be increased by $9,000.00 for personnel and $40,400.00 for operating costs. The added personnel costs will be funded by Fleet Management reserves. Since Fleet Management is an internal service fund, $36,600.00 of the additional operating costs will "pass through" to affect the budgets of using departments and organizations. The remaining operating increase will be covered by recognizing unanticipated revenues in Fleet Management Fund 521. GROWTH MANAGEMENT IMPACT: Not applicable. RECOMMENDATION: The Board approve a budget amendment as outlined above in Fleet Management Fund (521). (L~ ¢Ev~S~ ~or Fleet ~alyst ~VIEWEDBY:Da.~ ' ' ' g ~VIEWED BV~ani~i R. ~odfigue~, X~ti~g :~es M~agement ~VIEWED BY: Jo-~e Varcoe-Leamer, Support Seroices Administrator Director DATE: EXECUTIVE SUMMARY WAIVE REQUIREMENTS FOR FORMAL BID PROCESS UTILIZING GENERAL CONTRACTOR'S SERVICES WORK ORDER SYSTEM AND AWARD WORK ORDER FOR THE CONSTRUCTION OF THE GOLDEN GATE GOVERNMENT SERVICES CENTER TO EXPEDITE THE START OF CONSTRUCTION. OBJECTIVE: To determine that it is in the best interest of the County to expedite the start of construction by waiving the requirements for formal competition and to approve a contract with the recommended bidder for the construction of the Golden Gate Government Services Center. CONSIDERATIONS: The new service center will house a satellite office for the Tax Collector. The Tax Collector, under an agreement with the State, will be issuing driver's licenses. Additional space is urgently needed by the Tax Collector in Golden Gate. The present facility is not adequate to service the volume demanded by the citizens of Golden Gate. In addition, the condition of the present facility is less than desirable. There is a laundry next door to the Tax Collector's Office, which frequently causes water and mold problems. The Tax Collector definitely cannot offer Drivers License Services to the citizens of the Golden Gate area until adequate facilities are built. It is anticipated that this project is going to exceed the $200,000 limit established under the general Contractor Services Contract. Projects of this magnitude are usually subject to an open public bid. In the interest of saving time, staff will attempt to obtain prices utilizing the five (5) annual contractors, which will save advertising and bidding time. FISCAL IMPACT: This Project was anticipated and budgeted in the Boards Capital Projects. GROWTH MANAGEMENT IMPACT: This request is consistent with the County's Growth Management Plan. RECOMMENDATIONS: That the Board waive the requirements for formal competition and authorize the Chairman to sign the work order, in the Board's absence, for the lowest, qualified .and responsive general contractor after review by the County Attorney's Office. PREPARED BY: /~,.,~ ~'/~/-~~ DATE: .~-~cl~ Crognale, Co~sst~ction .Manajar /De~ent off /~~a~nt Daniel RodrigueZ, int;fi'd~tor Depa~ment of Facilities ~anagement REVIEWED BY: _~7~,,~ / ;_/~9Zz?/~_e~) Gwen Butler, Interim Director Purchasing Department. ,'" REVIEWED BY: _ Jo-Anne Varcoe-Leamer, Administrator Support Services Division DATE: DATE: DATE: EXECUTIVE SUMMARY RECOMMENDATION TO ACCEPT STAFF'S SHORT LIST FOR ARCHITECTURAL SERVICES FOR THE DEVELOPMENT SEVICES BUILDING ADDITION & PARKING GARAGE, RFP # 00-3070. OBJECTIVE: To have the Board approve the short list of Architectural Firms to provide professional services for the design of the Development Services building addition and parking garage. CONSIDERATIONS: On Aprill4, 2000, the County published a Request for Proposal (RFP) to provide architectural services for the design of the Development Services building addition and parking garage. Notices were sent to 180 firms,18 firms requested the full RFP package. A selection committee comprised of representatives from Facilities Management, Purchasing and Development Services reviewed the ten proposals that were received by the due date of May 17, 2000 and by consensus short listed the following firms: 1. Barany Schmitt Summers Weaver and Partners, Inc. 2. Architectural Network 3. The V Group of Florida, Inc. Staff is requesting authorization to negotiate a Professional Services Agreement with the top ranked firm, Barany Schmitt Summers Weaver and Partners, Inc., and if necessary, to negotiate with the second and third choices. FISCAL IMPACT: The total Project budget is $9,500,000, $5,000,000 will be taken from 113 Reserves and the balance will be from a commercial paper loan. GROWTH MANAGEMENT IMPACT: This request is consistent with the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the short list and authorize staff to negotiate a contract with the top ranked Architectural Firm as addressed in this summary. ~ ~rognale, ~dnst/mction Manager ,/yep?m~of Facilities Ma_.nagej~nt REVIEWED:BY: _~J~~~ ~'~ DATE: AUG 0 I 2000 I Executive Summary RFP # 00-3070 Page 2 Gwen Butler, Interim Director Pur~_g Department Vincent Cautero, Administrator Community Development and Environmental Services Division DATE: DATE: REVIEWED BY: 'J~// DATE: Jo-Anne Varcoe-Leamer, Administrator Support Services Division AUG 0 1 2000 TABULATION FOR RFP # 00-3070 "Architectural Services for Development Services Building Addition &" Parking Deck DATE OF RFP ADVERTISEMENT: April 14, 2000 RFP DUE: May 17, 2000 NO. OF INQUIRIES SENT: 180; VENDORS REQUESTED FULL PACKAGE: 18 Proposer Reynolds,Smith, & Hills Victor Latavish Schenkel Shultz Gore McKayhee Architechural Network Lyman,Davison,Dooley Alfi'ed French & Associates City, State Ft. Myers, FL X Naples, FL X Ft. Myers, FL X Ft. Myers, FL X Ft. Myers, FL X Marietta GA X Naples, FL X Original + 5 Copies Yes ~ No Yes No Yes [~] No Yes [~ No Yes [--] No Yes [~] No Yes [~] No The V group Barany Schmitt Summers Weave: Carr Smith Corradino Naples, FL Naples, FL Miami, FL X Yes [~] No X Yes [--] No X Yes [2] No . Rhonda Tibbetts (~ hC,'c~~-~,'~U~"~ Opened by Donna Williamson Witness "NON-PROPOSAL" RESPONSES RECEIVED FROM: VENDORS AUG § 1 2000 z mo ~z mo go -11 AUG 0/~ 2000~ pg.,, - ! EXECUTIVE SUMMARY APPROVE CONTRACT FOR CONSTRUCTION MANAGER AT RISK FOR THE PROPOSED DEVELOPMENT SERVICES BUILDING ADDITION AND PARKING GARAGE, RFP # 00- 3064. OBJECTIVE: To Award RFP #00-3064, proposed Development Services building addition and parking garage, to Kraft Construction Company, Inc. CONSIDERATIONS: On March 30, 2000 the County Manager authorized a selection committee to review, evaluate and rank proposals from construction firms capable of providing construction management at risk services for the addition to the Development Services building and parking garage. The RFP was advertised on March 31, 2000. Notices were sent to 144 firms with 17 firms requesting the full RFP package. On the due date of April 28, 2000, two proposals were received, Kraft Construction and Centex-Rooney. Kraft Construction was selected first choice (see attached Ranking Matrix). The contract for the building addition and the parking garage was negotiated by staff with the following results: 1. Services during Design Phase: Total $ 34,000 (one half of one percent of Targeted Construction Budget of $ 6,800,000) 2. Services during Construction Phase: Five percent of Guaranteed Maximum Price (G.M.P.), to be determined at completion of Design. FISCAL IMPACT: The total Project budget is $9,500,000. $5,000,000 will be from 113 Reserves and the balance will be obtained from a commercial paper loan. GROWTH MANAGEMENT IMPACT: This request is consistent with the County's Growth Management Plan. RECOMMENDATIONS: That the Board of County Commissioners award RFP #00-3037 to Kraft Construction Company, Inc. and authorize the Chairman to sign an agreement with Kraft Construction Company, Inc. after review by the County Attorney's Office. PREPARED BY: /~,-~,fi/ ~-~ /f~k Crognale, Coff~'struction Manager Department of Facilities~~~ ~niel~odfiguez,'~nte~~t~ Department of Facilities management DATE: Executive Summary RFP #00-3037 Page 2 Gwen Butler, Interim Director Pur~g Department Vincent Cautero, Administrator Community Development and Environmental services Division REVIEWED BY: Jo-Anne Varcoe-Leamer, Administrator Support Services Division DATE: DATE: DATE: CONSULTANT SELECTION SUMMARY OF SIGNIFICANT FACTORS FORM RFP #: RFP TITLE: 00-3064 Construction Management @ Risk for Development Service~ Bldg, Addition and Parking Garage SIGNIFICANT FACTORS PERTAINING TO TOP RANKED FIRM: Location - Local Previous Work w/County - ,J~oject'Mana¢~r ~' pu~'chasing Agent D~te " Date AUG 0 12000 EXECUTIVE SUMMARY Amend Consulting Services Agreement (96-2470) For Additional Training and Support Services OBJECTIVE: To amend the PDS Services, Inc. agreement in order to ensure that the County retains the capability to operate and receive support for the VISTA application. CONSIDERATION: The County entered into a license and support agreement with PDS Services, Inc. to use (and receive technical support in the use of) an application known as Human Resources Manager, the vendor's Windows-based human resources management and tracking software. The vendor has since evolved this product into a new product called VISTA. Therefore, the purpose of this executive summary is to memorialize documentation to allow for payments by the Finance Department. FISCAL IMPACT: The cost of services under the amendment total $28,704.80. Funds were appropriated by the Board under a previous agenda item. GROWTH MANAGEMENT IMPACT: N/A. RECOMMENDATION: That the Board of County Commissioners approve the proposed amendment (#1) to agreement 96-2470 and authorize the Chairman to sign the agreement on behalf of the Board. SUBMITTED BY: APPROVED BY: Stephen Y. ~arnell Interim Human Resources Director Jo- ~Anne~er Support Services Administrator Date: Date: '7/2 (~/ o ooo EXECUTIVE SUMMARY APPROVAL OF A BUDGET AMENDMENT AND UNANTICIPATED EXPENDITURES MAINTENANCE FOR EMERGENCY FOR BUILDING OBJECTIVE: To reimburse the Department of Facilities Management for emergency and unanticipated expenses incurred in the third quarter of fiscal year 1999-00. CONSIDERATIONS: The Facilities Management Department is responsible for maintaining the County's 600 facilities and structures. Annually, the Department budgets operational expenses for air-conditioning, plumbing, electrical and structural repairs based on previous years' expenses. Unanticipated expenses incurred during the-third quarter of fiscal year 1999-00 have reduced the operating budget, requiring additional funding to continue operations for the remainder of this fiscal year. An itemized breakdown of unanticipated expenses is attached for your review. Expenditures have included major and routine air-conditioning repairs and maintenance at the main campus and several off campus buildings. This work included the replacement of air-handlers, motors, auxiliary pumps, compressors and valves totaling $58,600. This total includes $37,000 of subcontracted work with vendors and' $21,600 in supplies and parts. All of these systems are considered critical in providing air- conditioning, heating and fresh air to our County facilities. Electrical system repairs and maintenance were high due to extensive bulb and light fixture replacements, as well as, electrical panel replacements and improvements to existing office spaces. These improvements included breaker replacements, line installations and new switch and outlet receptacles. Repairs were needed to restore normal operating power and/or improve service. Unanticipated electrical maintenance repairs and service totaled $18,700. Other miscellaneous unanticipated expenses included $12,000 spent on structural repairs for roof repairs, lumber, laminates, and general operating supplies such as door and window hardware, fixtures and drywall. Miscellaneous services and supplies totaled $27,600, which included cleaning supplies, locksmith repair services, uniforms, pest control, safety equipment and paint. In addition, termite infestation was found in the Tax Collector's and Property Appraiser's buildings here on the main campus. Irradication expenses totaled $4,000. AG£ NOA,/I TEJ~ /,'1 ~o._ lq~ ~ '/~l AUGO 12000 I Executive Summar3, Unanticipated Expenses Page Two Unanticipated Expenditures by Trade Trade Total Electrical $18,700 Air-conditioning $58,600 Structural $12,000 Misc. Supplies & Services $27,600 Total Unanticipated Repairs $116,900 As these expenses have been unanticipated, funds are needed to continue operations for the rest of the Fiscal Year 2000. These funds would be transferred from reserves and placed in the Building Maintenance cost center. FISCAL IMPACT: Total unanticipated expenses are $116,900. Funds would be transferred from General Fund Reserves to Building Maintenance. GROWTH MANAGEMENT IMPACT: There is no effect on the Growth Management Plan. RECOMMENDATION: That the Board of Collier County Commissioners approve the necessary budget amendment (s) as addressed within this summary. Prepared By: · :/..?cj..~.i/./~ t./ , ~,~ Date: Daniel R. Rodriguez, In~m Facilities Director The Department of Facilities Management Approved By= ~-..~'c0. &t4~ ~r~("- Date: Jo-Ann Varcoe-Leamer., Administrator Support Services Division AUG '0 1 200O Support Services Division Department of Facilities Management Unanticipated Repairs and Maintenance Third Quarter FY 1999 - 2000 ITrade I Building(s) I Work Description I C°st I T°tal I Electrical All Buildings Light bulbs and batlast replacement parts all buildings 12,000.00 Electrical Supplies Electrical wiring, outlets, breakers and breaker panels & misc. parts 3,000.00 Electricity Main Campus Under budgeted 3,700.00 18,700.00~ HVAC ALL Repairs to building automation of controls for air-conditioning equipment 8,000.00 Equipment and supplies - air handlers, freon, valves, compressors HVAC Supplies & Equipment replacement equipment. 21,600.00 HVAC Golden Gate Comm. Park Remove and replace 7.5 ton water source heat pump 1,900.00 HVAC Lely Waste Water Plant Replace 10 ton air handler in the administration offices 4,900.00 HVAC Immokalee Comm. Park Replace compressor in game room 1,100.00 HVAC Naples Jail Replace VAV boxes and duct work 116 units. 8,600.00 HVAC Naples Jail Remove and replace dishwasher exhaust 1,800.00 HVAC Vineyards Comm Park Replace compressor 900.00 HVAC Sub station Main Campus Remove and replaced roof top package unit (air-conditioner) 4,700.00 HVAC Development Services Replace compressor on air conditioning unit 1,500.00 HVAC Development Services Replace curb covers for air handling units 3,600.00 58,600.00 Misc. i Naples Jail Increased service for garbage disposal 3,800.00 Misc. IAII Miscellaneous calls for lock repairs and lock replacements 2,800.00 Misc. Equipment Safety shoes & equipment for maintenance staff 2,700.00 Misc. Office Furniture Design, replacement and repair of office furniture (required for moving Depts.) 6,500.00 Misc. ;Supplies Cleaning supplies & equipment (trash cans, ash cans, deodorizers) 2,600.00 Misc. Uniforms Increase in uniform rentals/replacements due to turnover 1,000.00 Misc. Jail Paint all utility chases in Naples Jail 1,600.00 Misc. Pest Control Termite extermination in Tax Collectors & Property Appraiser's building 4,000.00 25,000.00 Structural All General roof repairs 3,000.00 Structural Lumber & Laminates Lumber for structural repairs and remodeling 4,000.00 Structural Other Operating Supplies I Hardware, doors, windows, fixtures and tools 5,000.00 12,000.00 Water Main Campus Increase in water usage/under budgeted 2,600.00 2,600.00 Subtotal 116,900.00i Total U nanticipated Operational Expenses ~ 116,900.00 AU6 0 ! EXECUTIVE SUMMARY RATIFICATION BY THE BOARD OF COUNTY COMMISSIONERS OF CONSENT/ EMERGENCY ITEMS APPROVED BY THE COUNTY MANAGER DURING THE BOARD'S ABSENCE OBJECTIVE: The Board of County Commissioners ratify consent/emergency items approved by the County Manager during the Board's absence during the period June 28 through July 31, 2000. CONSIDERATIONS: In accordance with Resolution No. 2000-149 approved at the May 23, 2000 meeting, the Board of County Commissioners authorized the County Manager to approve consent and emergency items during their scheduled absence. The following items were approved by the County Administrator and are herein submitted for acceptance by the Board. A. Acceptance of monies from 951 Land Holdings, Ltd. For the purpose of off-site shelter mitigation. Approve a budget amendment to transfer funds to cover real property cost, street lighting, mitigation, and contingency expenses for Livingston Road North-South MSTU, Project #65041. C. Award a construction contract to Zep Construction, Inc. for the Palm River Boulevard bridge replacement and utility work, Project #69133, Bid No. 00-3075. D. Approval of budget amendment report - BA#00-355, #00-360, #00-373. Eo Approve Work Order No. ABB-FT-00-07 with Agnoli, Barber and Brundage, Inc. for the engineering design and environmental permitting of the Wiggins Pass Road outfall (Project No. 31212). F. Request to waive formal competition and approve emergency replacement of east scale at Naples Landfill. G. Approval of budget amendment report - Budget Amendments #00-387, #00-390, #00-394, #00-396, #00-397. H. Approve a budget amendment to purchase a 1981 Chevrolet Scottsdale rescue/pumper truck. Approve a budget amendment for expenses incurred for the North Naples Regional Park project for recording, title searches and appraisals of a~ditional acreage purchased. j. Authorize a budget amendment for the Pine Ridge Road project. k. Approval of budget amendment report - budget amendment #00-405. FISCAL IMPACT: As stated in the respective executive summaries. GROWTH MANAGEMENT IMPACT: As stated in the respective executive summaries. RECOMMENDATION: The Board of County Commissioners accept and ratify the above listed items which were approved by the County Manager during the Board's absence during the time period stated above. Prepared by: Barbara Pedone, Executive Secretary to the County Manager Approved b~: Oilill, C;-ufit ag;r EXECUTIVE SUMMARY ACCEPTANCE OF MONIES FROM 951 LAND HOLDINGS, LTD FOR THE PURPOSE OF OFF-SITE SHELTER MITIGATION OBJECTIVE: That the Board of County Commissioners approve the attached Budget Amendment accepting monies in the amount of $15,000 from 951 Land Holdings, LTD for the installation of a window/door protection system at Lely High School. CONSIDERATION: Florida Administrative Rule 9J-2-0257 requires Developments of Regional Impact (DRIs) in counties having a public hurricane shelter space deficit to provide either on-site mitigation for developments in Category 3 storm surge vulnerability zones or off-site mitigation in more vulnerable areas. Fiddler's Creek, developed by 951 Land Holdings, LTD, lies within Tropical Storm-Category 2 storm surge zone and has agreed to provide $15,000 to the Emergency Management Department for window/protection at Lely High School. This contribution is in addition to the 500,000 cubic yards of fill for the construction of Collier Boulevard (SR951). Collier County Land Development Code 2.2.10.6.5 authorizes the emergency management director to establish a special account for capital improvements to designated shelter facilities. Unused monies from the Lely High School project will be placed into this account for future mitigation projects. The payment for the mitigation project at Lely High School satisfies the shelter space requirements specified in Section 4.C.2d of the Fiddler's Creek/Marco Shores DRI Development Order. FISCAL IMPACT: Deposit $15,000 in newly-created Revenue project entitled DRI Mitigation. GROWTH MANAGEMENT IMPACT: Policy 13.1.3 Conservation and Coastal Management Element requires that the county continue to identify shelter space that complies with American Red Cross standards. RECOMMENDATION: That the Board of County Commissioners accept the donation of $15,000 from 951 Land Holdi~s, LTD and a~r~ve the attached Budget Amendment e st ablishing eparaa~~fi~fit: f~~b/em e nts to designated storm shelters. SUBMITTEDBY:~~ ~ ~-~'~-?~- Date: 07///07///~0 Kenneth FPineau, Emergency Management Director Thomas Storrar, Emergency Services AdministratorAGENDA LTE, M, AUG ol YouNo, VAN ASSENDERP, VA~NADOE ~ A_NI)ERSON, P. A. ATTORNEYS AT LAw REPLY TO: R. BRUCE ANDERSON TASHA O. BUFORD DANIEL H. COX TIMOTHY S. FRANKLIN DAVID P. HOPSTETTIrR C. [_AURENCE KEESEY KENZA VAN ASSENDERP GEORGE L. VARNADOE ROY C. YOUNG *BOARD CERTIFIED REAL ESTAT[ DAw~ B. E~wm A.J. J~ S~ALLA Naples June 23, 2000 GALLtE'S HALL 225 SOUTH ADAMS STREET, SUITE 200 POST OFFICE BOX 1833 TALLAHASSEE, FLORIDA 32302-IB33 TELEPHONE (850) TELECOP~ER (850) SuNTRust BUiLDmNg 8Oi ~U~¢L O~ DrovE, 5umT¢ 300 POST OFFICE Box 7907 NAPLES, FLORIOA 34~01-7907 TELEPHONE (941) 597-28)4 TELECOP~E~ (941) 597- Mr. Ken Pineau Emergency Management Director Collier County Government Center 3301 Tamiami Trail East Naples, FL 34112 RE: The Fiddler's Creek DRI/PUD Dear Mr. Pineau: I'm enclosing our client's check in the amount of $15,000.00, payable to the Collier County Board of County Commissioners which is to be utilized for the installation of protective screening at Lely High School, as per the agreement reached in your office on May 9, 2000 resolving the Fiddler's Creek DRI/PUD's obligation to mitigate project impacts on hurricane shelter space. In accordance with our letter agreement dated May 12, 2000, this payment is in lieu of, and constitut,es full satisfaction of the shelter space requirements specified in section 4.C.2.d of the Fiddler s Creek/Marco Shores DRI Development Order. That provision of the Development Order will now be deleted from the Fiddler's Creek DRI Development Order in conjunction with other project changes submitted in a notice of proposed change CNOPC) filed by the developer with Collier County on June 12, 2000. Thank you for your assistance in this matter. cc:l:'a~anC~e~S~, DRI Coordin~WFRPC Ron Nino, Manager Current Planning, Collier County Marjorie Student, Office of the County Attorney Bernard O. Piawah, Planning Manager, DCA Mark Strain, Vice-President/Planning George Vamadoe, Esq. Enclosure CLK/ban F:\users\Valarie\wp8\letters~Ltr. Pineaul .wpd 2000 951 Land Holdings LTD. COLLIER COUNTY BOARD OF DATE: INV DATE JOB # INVOICE # 06/12/00 GPGP00 HURRICANE SHELTER RQ TOTAL: O6/2O/O0 BAL PAID 15000.00 15000.00 000086 CHECK ~r 0008657 DISCOUNT NET P, 15000 15000 951 Land Holdings LTD, 3470 Club Canter Boulevard Naples, Florida' 34114 (941) 732-9400 PAY *** Fifl;een Thousand & TO THE ORDER OF Natlo.~ ~ 4501 T~ml.,mi Trail North Na~e~, F~'ida 34103 000086 0008657 00/100 Dollars CHECK DATE I AMOUNT 06~20/00 $*'15 ,000 COLLIER COUNTY BOARD OF " COMMISSIONERS ,,oo NAPLES, FL 34109 .'OOOOS6 5 ?"' I:O~?OO 56 ?R~: EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT TO TRANSFER FUNDS TO COVER REAL PROPERTY COST, STREET LIGHTING, MITIGATION, AND CONTINGENCY EXPENSES FOR LIVINGSTON ROAD NORTH-SOUTH MSTU, PROJECT # 65041. OBJECTIVE: That the Board of County Commissioners approve the required budget amendment to provide for funds to purchase necessary land, install street lights, and meet permit requirements (mitigation) on the newly constructed north-south Livingston Road north of Immokalee Road. 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 between Immokalee Road and the Lee/Collier line is financed and being constructed by Long Bay Parmers, LLC (LBP), pursuant to a Board approved Developer Contribution Agreement (DCA) dated February 17, 1998 (as amended thereafter). This Budget Amendment is to provide for funds required to purchase necessary land, install street lights, and meet the mitigation stipulations required by our permit on the newly constructed north-south roadway. ~i~FISCAL IMPACT: A budget amendment is needed to transfer funds in the amount of $825,000($200,000 land, $350,000 street lights, $200,000 mitigation, and $75,000 contingencies) 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: Budget Amendment. Mitch Momtaz, P.E., Project Manager TE&CM That the Board of County Commissioners approve the necessary Page 1 of 2 DATE: Pg .... ! Edward J. Kant, P.E. Transportation Services Director APPROVED BY: Mike McNees Interim Transportation Administrator DATE: DATE: Page 2 of 2 AGENDA ITEM. ^,,,'~ O1 2,qO0 EXECUTIVE SUMMARY AWARD A CONSTRUCTION CONTRACT TO ZEP CONSTRUCTION, INC. FOR THE PALM RIVER BOULEVARD BRIDGE REPLACEMENT AND UTILITY WORK, PROJECT # 69133, BID NO. 00-3075 OBJECTIVE: To receive Board approval and award of a construction contract for Palm River Boulevard Bridge Replacement and utility work to the lowest bidder, Zep Construction, Inc. Bid No. 00-3075. CONSIDERATIONS: 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 3, 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. In conjunction with the bridgework, we have included the required utility work upstream (extending two lines over Cocohatchee), completing the project under one contract. On June 16, 2000 four (4) Bids were received from local contractors. The lowest bid was from Zep Construction, Inc., at $1,324,957.17, which was in line with the engineer's estimate. This contractor has demonstrated satisfactory performance on other projects in the past. The construction duration for this project is one hundred and eighty (180) calendar days. FISCAL IMPACT: A budget amendment is needed to transfer $321,150 from Gas Tax Reserves and appropriate in the project #69133, $8,590 from Wastewater User Fees and appropriate in project #73059, and $25,437 from Wastewater User Fees and appropriate in project #74032. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners award a construction contract to Zep Construction in the bid amount of $1,324,957.17 and approve the necessary budget amendments. SUBMITTED BY: Mitch Momtaz, P.E., Project Manager TE&CMD DATE: AGENDA I'I;EM, -, Pg., / j REVIEWED BY: Gwen Butler, Interim Director Purchasing/General Services Department DATE: REVIEWED BY: Edward J. Kant, P.E., Director Transportation Services Department APPROVED BY: ' _ ' ~ Mike McNees, Interim Transportation Administrator DATE: DATE: AG E(',IpAJT, EM/ ~ APPROVAL OF BUDGET AMENDMENTS In Board's Absence (BCC Agenda of 8/1/00) Solid Waste Management (Fund 470) Budget Amendment #00-355 Operating Expenses: Marco Transfer Station $5,000 Naples Transfer Station 6,000 Administration (11,000) Total:' -0- Explanation: Funds are needed for equipment repai~-s and increased fuel prices that have put both facilities over budget. Golden Gate Beautification (Fund 136) Budget Amendment #00-360 Operating Expenses: Engineering $17,575 Engineering-Santa Barbara Engineering-Collier Boulevard Other Contractual Services 10,000) 6,000) 1,575) Total: -0- Explanation: Funds are needed for Work Order for McGee & Associates for Design Services for Tropicana Boulevard, as requested by the Golden Gate Municipal Services Taxing Unit Advisory Committee. MSTD General Fund (Fund 111) Franchise Administration Budget Amendment g00-373 Operating Expenses: Other Professional Fees $3,000 Reserves: Reserves for Contingencies (3,000) Total: -0- Explanation: Funds are needed to pay for the assistance of an outside legal firm re County Attorney. ..... AGENDA,IT. luire~34Ja~L~t//Q EXECUTIVE SUMMARY APPROVE WORK ORDER NO. ABB-FT-00-07 WITH AGNOLI, BARBER AND BRUNDAGE, INC. FOR THE ENGINEERING DESIGN AND ENVIRONMENTAL PERMITTING OF THE WIGGINS PASS ROAD OUTFALL (Project No. 31212) OBJECTIVE: Obtain Board of County Commissioners approval of a Work Order with Agnoli, Barber and Brundage, Inc. to undertake the design, surveying, preparation of construction plans and easement documents, environmental permitting, and construction engineering services necessary to allow the County to proceed with constructing a stormwater drainage outfall system for the Wiggins Pass drainage basin. CONSIDERATIONS: The Wiggins Pass drainage basin is located in the northwestern portion of Collier County roughly bounded by the Collier/Lee County line or Bonita Beach Road to the north, Old US~41 to the east, Wiggins Pass Road to the south, and Vanderbilt Drive to the west. In 1997 Agnoli, Barber and Brundage, Inc. completed a Regional Stormwater Management Study for the Wiggins Bay Basin which identified the basin boundaries, the existing stormwater drainage patterns, and a high flow restriction in the southern reach of the basin's outfall from Wiggins Pass Road south to the tidal outfall. The Study provided recommended improvements to reduce the flow restrictions in the basin's outfall. Since the receipt of this Study, Stormwater Management Department staff have been working with landowners and development interests, including the Florida Department of Transportation, to achieve a mutually beneficial solution to the identified stormwater drainage problems. Additionally, for public safety reasons the County Transportation Department identified a need to enclose the large existing roadside ditch along the west side of Gulf Harbor Road. By combining Gulf Harbor Road ditch enclosure project into the recommendations of the basin study, an improved basin outfall system can be provided. The completion of the design and permitting of the Wiggins Pass Road Outfall should enable the County to initiate construction activities during the winter dry season of 2000-2001. FISCAL IMPACT: The estimated budget for the engineering design and permitting work performed by the consultant is $49,000.00. Funding for this project is currently available in the Stormwater CIP fund (325). GROWTH MANAGEMENT IMPACT: The design and construction of stormwater management facilities to reduce the potential for flooding is in accordance with the goal and objectives of the Drainage Sub-element of the Public Facilities Element of the Growth Management Plan. AGENDA IT-EM -- Executive Summary Wiggins Pass Road Outfall Work Order No. ABB-FT-00-07 Page 2 RECOMMENDATION: That the Board of County Commissioners approve Work Order No. ABB-FT-00o07 with the consultant firm of Agnoli, Barber and Brundage, Inc. and authorize the Transportation Division Interim Administrator to sign the work order to execute its approval. SUBMITTED BY: ~-~T~ Robert C. Wiley, P.gr., Project Manager Stormwater Management Department Date: REVIEWED BY: Jo~. 'P'E., P.S.M. Stormwater 1~, ~Director APPROVED BY: "~'¢J/~'.~ /- [~7/~.~,'7 Mike M~l%es Trar~ation )ivision Interim Administrator Date:V' Date: AGENDA LT-'E[M _-,~ No. ¢) WORK ORDER # ABB-FT-00-07 Agreement for Fixed Term Professional Engineering Services Dated December 8, 1998 (Contract #98-2835) This Work Order is for professional engineering services for work known as Wiggins Pass Road Outfall Desi£n/Permittin£ This project will create an improved drainage basin outfall for the Wiggins Pass Basin and also incorporate a roadside safety improvement along the west side of Gulf Harbor Drive. 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 # ABB-FT-00-07 is assigned to Agnoli. Barber and Brundage, Inc. Scope of Work: A. Engineering Services A.I Design Analysis - Perform a hydraulic design analysis to determine the size of a storm sewer required to provide supplemental capacity to the existing slough outfall systems. The storm sewer would run along Gulf Harbor Road and outfall into the existing tidal canal located to the west of Venetian Way. (Note: The design analysis will also include a capacity analysis of the existing slough system and a proposed swale from the southeastern end of the slough along the westerly edge of the Future Citizens property from Sunny Trail Heights subdivision to an existing tidal outfall canal.) A.2 Construction Plans - Based upon the recommendations contained in a previous report ("Regional Stormwater Management Study for Wiggins Bay Basin" prepared by Agnoli, Barber and Brundage, Inc. dated January 1997), and the design analysis (Item A.1) develop construction plans, specifications, and Engineer's Opinion of Probable Costs for the recommended improvements. a. Proposed storm sewer and outfall along Gulf Harbor Road b. Proposed swale along the westerly edge of the Future Citizens property from Sunny Trail Heights subdivision to outfall canal. c. Proposed diversion control structure on the south side of Wiggins Pass Road between Gulf Harbor Drive and Sunny Trail Heights. A.3 Permitting - Prepare the Environmental Resource Permit application and submit the required number of plan sets and design reports to the South Florida Water Management District and the Collier County Development Services (Right-of-Way Permit Section) for the purpose of obtaining construction approval of the proposed improvements. (Note: Collier County Transportation Division environmental specialist assistance will be utilized as needed for wetland delineation determinations and impacts/mitigation evaluations in lieu of hiring an environmental subconsultant.) A.4 Construction Services - These services would include the required engineering services during construction, including attending pre-construction meetings, checking shop drawings, periodic construction observation to observe, in general, the quality of construction and conformance with the specifications, and assisting the client in processing pay requests and change orders. B. Surveying Services B.1 Design Survey - Provide Professional Land Surveying services to obtain design topographic survey and establish bench marks at the sites of the above proposed improvements. B.2 Construction Control Surveys - Provide Professional Land Surveying services to provide stake-out of horizontal and vertical control to be used in construction of the proposed facilities. B.3 Easement Documents - Provide sketches and descriptions of additional easements, if required, for construction of the proposed facilities. Schedule of Work: Complete work within 120 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 following estimated budget amounts on a time and materials basis using the established hourly rate(s) as enumerated in Schedule "A" of the Agreement. Task A - Engineering Services $33,000.00 (time and material) Task B - Surveying Services 16,000.00 (time and material) TOTAL ESTIMATED FEE $49,000.00 ~y change within monetary authority of this Work Order made subsequent to final ~artment approval will be considered an additional service and charged according to chedule "A" of the Agreement. Work Order ABB-FT-00-07 Page 2 Wigg/ns Pass Road Outfall Design/Permitting PREPARED BY: AUTHORIZED BY: APPROVED BY: Robert C. Wiley, ~'E., St. Project Manager Stormwater Management Department Johnkdt, P.E.i P.S.M. Stor~ate~Managcment Director 1~I ik e McNees Interim Transportation Division Administrator Date Date Date Approved as to Form and Legal Sufficiency: As~sistan! Cou~nty Attorney WITNESS (2): Prin Name and Title (if Corp. Officer) Print Name and Title (if Corp. Officer) ACCEPTED BY: Dominiek J. A~/~o, Jr., P.Eff Vic; President D/~te SEAL Template/SN/WO Fixed Term Pro Eng $erv 2 W.O. ABB-FT-00-07,doc May 23, 2000 Mr. John H. Boldt, P.E., P.S.M., Director Stormwater Management Department Collier County Government Complex 3301 Tamiami Trail East, Building H Naples, FL 34112 Re: Wiggins Pass Road Outfall Design/Per~tting Proposal, ABB PN 7316/X002 Dear Mr. Boldt: At your request, Agnoli, Barber & Bnmdage, Inc., is pleased to submit this proposal to render professional services for the Wiggins Pass Road Outfall Improvements construction plan, permitting and construction services. The design of the proposed improvements will be based in part upon the report entified "Regional Stormwater Management Study for Wiggins Bay Basin" prepared by Agnoli, Barber & Bnmdage dated January 1997. Agnoli, Barber & Bnmdage, Inc, hereinaRer referred to as ABB, proposes to provide Collier County, hereinafter referred to as Client, the following professional services: SCOPE OF SERVICES A. Engineering Services A. 1. Design Analysis - Perform a hydraulic design analysis to determine the size of a storm sewer required to provide supplemental capacity to the existing slough outfall systems. The storm sewer would nm along Gulf Harbor Road and outfall into the existing tidal canal located to the west of Venetian Way. A.2. a. Proposed storm sewer and outfall along Gulf Harbor Road. Construction Plans - Based upon the recommendations contained in the above referenced re~rk and design analysis (A. 1) develop consU'uction plans, specifications, and Engineer's Opinion of Probable Costs for the recommended improvements. , AaE.ND&I7Bi~ -,) l (9'41) 597-3!11 (9a_t) 334-1173 94-i) 334- ! 17.5 W-05-0040G.PRO/00 1 ,_'¢xa/n G6fice: 7400 Tami0ani ?caii !'I., Suite 200, NapJc~*. L=locida 34108 Lee .Co'anry: 1625 Hahdry ~;t., Suite ! 01, Fort Myers, Florida 33901 bo Proposed swale along the westerly edge of the future Citizens property fi'om Sunny Trail Heights subdivision to ouffall canal. Proposed diversion control structure on the south side of Wiggins Pass Road between Gulf Harbor Drive and Sunny Trail Heights. A.3. Permitting. Submit the required number of plan sets and design reports to the South Florida Water Management District, and the Collier County Development Services (Right-of-Way Permit Section) for the purpose of obtaining construction approval of the proposed improvements. g.4. Construction Services. These services would include the required engineering services during construction, including attending pre-constmction meetings, checking shop drawings, periodic construction observation to observe, in general, the quality of construction and conformance with the specifications, and assisting the client in processing pay requests and change orders. B. Surveying Services g.i. Design Survey. Provide Professional Land Surveying services to obtain design topographic survey and establish bench marks at the sites of the above proposed improvements. g.2. Construction Control Surveys. Provide Professional Land Surveying services to provide stake-out of horizontal and vertical control to be used in construction of the proposed facilities. B.3, Easement Documents. Provide sketches and descriptions of additional easements, if required, for construction of the proposed facilities. ADDITIONAL SERVICES AND .EXTRA WORK Services not specifically included in Section 1. Scope of Services will be performed as additional services on an hourly basis, plus reimbursable expenses in accordance with the Rate Schedule enclosed with this Agreement. Services and fees provided in this Agreement are based upon governmental rules, regulations and policies in effect at the time of execution of this Agreement. Should changes take effect during the period services are being performed and result in additional ABB work requirements, this Agreement will be modified by approval of the parties. In addition, ABB will perform additional services beyond the work described within this Agreement as requested and authorized by the Client. When such work can be identified in advance, ABB will provide a reasonable estimate for such work and written atr~ W-OS-0040G.PRO/00 2 FEES AND COMPENSATION A. En,m.'neering Services Compensation for work performed under Section 1.A. En~neering Services shall be made on an hourly basis plus reimbursable expenses. Our budget for the work is Thirty- Three Thousand Dollars ($33,000.00). Surveying Services Compensation for work performed under Section 1.B. Surveying Services shall be made on an hourly basis plus reimbursable expenses. Our budget estimate for the work is Sixteen Thousand Dollars. ($16,000.00). B.1. Design Surveys $12,500 B.2. Construction Surveys $ 2,500 B.3. Easemere Documents $ 1,000 Billing for services and reimbursable expenses will be submitted on a monthly basis. All invoices are due and payable upon receipt. TIME OF PERFORMANCE ABB will start services promptly upon receipt of a Notice to Proceed in the form of a County issued Purchase Order and complete our work within 120 days for the Phase One portion of the work. OUTSIDE SERVICES Outside services not specifically included in this Agreement are as follows: B. C. D. E. F. G. Geotechnical Engineering Environmental (wetland/wildlife) Subconsultant Structural En~neering Subconsultant Materials Testings Hazardous Waste Assessments Legal Services Services not specifically described in See. 1 of this Agreement W-05-0040G. PRO/00 3 AGENDA No.'--' pg. 7 We hope that this Agreement satisfactorily responds to your request. If you have any questions, please do not hesitate to call. Sincerely, AGNOLI, BARBEI~ & BRUNDAGE, INC. W4)5-O040G.PRO/00 4 EXECUTIVE SUMMARY REQUEST TO WAIVE FORMAL COMPETITION AND APPROVE EMERGENCY REPLACEMENT OF EAST SCALE AT NAPLES LANDFILL. OBJECTIVE: To gain Board approval to waive formal competition in order to replace the failing east truck scale deck at Naples Landfill (NLF). CONSIDERATION: The east truck scale at NLF is 13 years old. During its last quarterly inspection, the County's contracted scale vendor discovered that the scale's deck is cracking and the weight indicator needs replacing. Two other scale maintenance companies were invited to inspect the scale independently. One vendor made the same assessment as the contracted vendor and offered the same recommendations. The third company declined the request to inspect. This cracked deck is a safety hazard (see inspection reports from two scale vendors in Attachment 2). The County's scale vendor has fabricated and placed steel platforms beneath the scale to prevent it from falling far if the deck should break. The replacement of this scale is an emergency repair in order to provide an essential government service, as well as to prevent the possible loss of public or private property. The three-day replacement should proceed as soon as possible The Solid Waste Department now has three quotes for this job, the lowest from our present vendor, Metro Scale & Systems Co., Inc. in the amount of $38,046. (Refer to Attachment 1) FISCAL IMPACT: $38,046 is available to be moved from Solid Waste reserves. GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: That the Board of County Commissioners: Approve the lowest quote from the current vendor (Metro Scale & Systems Co., Inc.), Waive formal competition (three written quotes have been obtained), Approve the attached Budget Amendment for purchase of a new d indicator for the emergency repair of the Naples Landfill east truck so; Po I SUBMITTED BY: REVIEWED BY: REVIEWED BY: Jo~ g. ]~[~denham, Solid Waste Coordinator Gwen Butler, Interim Purchasing Director REVIEWED BY: ~'~'"'~ ~_.: :-- ~ Date: G. George Yilmaz, Interim Solid Waste Director ~/~d~ard N.~n ,r~nten'mXPubfic Works Administrator pg. o~ ATTACHMENT 1 QUOTES FOR PURCHASE AND INSTALLATION OF NEW DECK AND WEIGHT INDICATOR FOR THE EAST TRUCK SCALE AT NAPLES LANDFILL Metro Scale & Systems Co., Inc. P.O. Box 921 Alva FL 33920 $38,046 Fairbanks Scales 3612 Waterfield Parkway Lakeland, FL 33803-8000 $41,969 Smith Scale, Inc. 514 East 9th Street Hialeah, FL 33010 $ (no quote) Copies of these three submissions are available for review, and will be provided to the Purchasing Department with the Solid Waste Department's Purchase Order Requisition. Collier County Solid Waste Department Pg ..... ~ 07/20/00 ATTACHMENT 2 RESULTS OF INSPECTIONS OF THE NAPLES LANDFILL EAST SCALE BY TWO DIFFERENT SCALE VENDORS Collier County Solid Waste Department 07/20/00 Metro Scale & Systems Co., Inc. P.O. Box 921, Alva, Florida 33920 (941) 334-1717 Collier County Department of Solid Waste 3301 Tamiami Trail Bldg. H Naples, FL 34112 June 20, 2000 John Biedenharn Naples Landfill - East Motor Truck Scale Upon our conversation today, please note the following about your East Motor Truck Scale at the Naples Landfill. The scale was installed approximately 13 years ago. In this 13 year period, it has served the county well during some extremely heavy traffic and heavy loads. Time and use have taken their toll. During our last inspection ,our service technicians noted several cracks going across the scale near the middle of the deck modules. If you watch closely while heavy trucks cross the scale, you will see oil and water rising from the cracks. Thi_'s is the prelude to eminent deck failure. We are presently shop fabricating metal "Safety Stands" ~o place beneath the center of the de~ks so ds to prevent them collapsing to the ground if they fail. Realizing that "Down Time" at a landfill is critical to operations, we have quoted (#00-119 of June 12, 2000) a steel decked low profile scale to retrofit into your existing foundation as a replacement unit with minimum modifications and expense. Barring inclement weather, the entire conversion should take only three (3) days. Some other benefits to point out about the new scale. 1. It has a 70,000 Lb. DTA (Dual Tandem Axle) rating. 2. It has the latest electronic technology available. 3. It has the strongest lightning protection available. 4. Should problems arise, it will be supported by Metro Scale, the County's sole source provider of weighing needs. Should you have further questions or we may be of further assistance please call. If you would like, I will be glad to meet with you at your site. Very truly yours, ~etro Scale & Sy~m~, Inc. AGENDA ITE~'Vl / x ,JUN 22 2OiJ0 : ] SOLID WASTE DEPT. Shop Location: 2130 Park 82 Drive, Ft. Myers, FL 33905 JOHN E ICHELB~GER P~GE ~ ,,, _ I_.l __ II . IT -- I I . IIII Ol John Biedenlmm re truck scale John I vialtrot your site and tasvected the oldre- or the track scales( nearest the office), and would like to state that the tr~e.-~ scale in questlon_s. bouh_l t'm replscod or Vthe 1ruder side of the ~, Thts con~tion em.d.d lead to a 'vehicle ~ ttn-,t the scale ~ Tht~ sit~ ~ ~O plus Wei_phme.!lts a day, a__n~!~ t]~ e.~il~ ~ oli ~t~ ~l~ m~ caus~ ~ and darter. A visual confirmaiton of the~ ~ ma~ bo made by o~e~ ttte deck as a Sexnl.Tractor pul~ onto ~he scale aml stol~ ~utd(otl,water,~tc), drips thru the cracks and onto the zm-face below. Tha~yOU for yo~tr t~Irm.-/trot if I m~y be of more help vlease earl Inc at the numbers above. John Eicbelb~rs~r AGEND Ol 2co0 APPROVAL OF BUDGET AMENDMENTS In Board's Absence (BCC Agenda of 8/1/00) Landscape Operations (Fund 101) Budget Amendment g00-387' Operating Expenses: Motor Pool Rental Charge $6,000 Reserves Reserve for Contingencies Total: (6,000) -0- Explanation: Funds are needed due to unanticipated Motor Pool Rental charges. Pollution Control (Fund 114) Budget Amendment #00-390 Operating Expenses: Other Machinery & Equipment $2,100 Transfers: Transfer from Elected Officials 500 Reserves: Reserve for Contingencies Total: (2,600) -0- Explanation: Funds are needed for fee on tax certificate not budgeted, and additional funds for purchase of an auto analyzer, which was under-budgeted. MSTD General Fund (Fund 111) Franchise Administration Budget Amendment g00-394 Personal Services: $6,000 Reserves: Reserves for Contingencies (6,000) Total: -0- Explanation: Funds are needed to pay for a salary adjustment made in FY00. General (Fund 001) Stormwater CIP Administration Budget Amendment 000-396 Personal Services: $7,600 Operating Expenses: Travel 200 Engineering Fees (7,800) Total: -0- Explanation: Funds are needed to fund a Project Manager II position created due to the implementation of the reorganization of departments, which transferred a vacant position from the Wastewater Department into the Stormwater Management Department. General (Fund 001) Beach & Water Parks Budget Amendment//00-397 Other Contractual Services $9,800 Reserves Reserve for Contingencies ($9,800) Total: -0- Explanation: Funds are needed to perform additional site assessments, as requested by the Florida Department of Environmental Protection at Caxambas Park, in regard to soil and ground water contamination in the fuel dispensing area. EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT TO PURCHASE A 1981 CHEVROLET SCOTTSDALE RESCUE/PUMPER TRUCK OBJECTIVE: Request approval by the Board of County Commissioners to purchase a 1981 Chevrolet Scottsdale Rescue/Pumper Truck from Isle of Capri Fire Department by the Ochopee Fire Control District and associated budget amendment. The purchase price will be $2,000. CONSIDERATION: The 1981 Chevrolet Scottsdale Rescue/Pumper Truck will be purchased from Isle of Capri Fire Department in the amount of $2,000 and will become the Fire/Rescue vehicle for the new subdivision "Everglades Club" on Treasure Island. The vehicle is needed along with other necessary equipmere for the purpose of stationing it on the island due to limited access, which is exclusively by boat. FISCAL IMPACT: A total funding of $4,600.00 is available in Ochopee Fire Control District's Reserve for Capital Outlay. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATIONS: That the Board Of County Commissioners approve the necessary budget amendmere for the purchase of the 1981 Chevrolet Scottsdale Rescue/Pumper Truck by appropriating funds from Ochopee Fire Control District Reserve for Capital Outlay. SUBMITTED Y~ilso~,~'l~ire Chief APPROVED BY: ~P'~d-~ ~:~&~.~/ Date:~7/./'~/~3 Thomas Storrar, Emergency Service Administrator EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT FOR EXPENSES INCURRED FOR THE NORTH NAPLES REGIONAL PARK PROJECT FOR RECORDING, TITLE SEARCHES AND APPRAISALS OF ADDITIONAL ACRERAGE PURCHASED. Objective: That the Board of County Commissioners approve a budget amendment for the North Naples Regional Park Project. The Funds are needed to rectify unbudgeted expenses incurred in the fund through the purchase of additional parcels for the North Naples Regional Park. The budget amendment is needed so that a purchase order can be opened for the Board approved contract with Bellomo-Herbert and Company. Consideration: On May 25, 2000 the Board approved, item 16(C)1, a contract in the amount of $1,195,190 with Bellomo-Herbert and Company for professional engineering services for the North Naples Regional Park. Accompanying the contract was a budget amendment for $662,328 in funds from Parks Capital Projects Impact Fee Reserves, that was also approved. Additional expense through the Real Property Department in the amount of $18,596 were incurred for the North Naples Regional Park project for the title searches, recording, and appraisal of additional acreage for the Regional Park. An additional budget amendment is needed to cover the $18,596 in recording and appraisal fees so that the County can open a purchase order with Bellomo-Herbert and Company for $1,195,190. qrowth Management: None. Fiscal Impact: A budget amendment will transfer funds from Park Impact Fee reserves in the amount of $19,000 to Park Impact Fees, Parks Capital Projects. Recommendation: Staff recommends that the Board approve a budget amendment to transfer funds for the purpose of opening a purchase order with Bellomo-Herbert and Company. Prepared by: ~/~ ~, t~9,,-~ f/fames Fitzek, O-p~ra~ons Manager v Department of Parks and Recreation Reviewed by: ~[Jt,~ ~,*e~/~ Marina Ramsey, ~irec~ Department of Parks ~creation Approved by: Lco'~chs Jr'., Pub~vs. Admin. Division of PubliSh.ices Date: Date: EXECUTIVE SlIMMARY AUTHORIZE A BUDGET AMENDMENT FOR THE PINE RIDGE ROAD PROJECT OB~IECTIVE: To gain Board approval for a budget amendment for the Pine Ridge Road project. CONSIDERATION: An Order of Taking for the Jon Ebert Golf Driving Range and Golf School in the amount of $103,100.00 was paid for from Fund 331. Those funds had originally been committed to the Construction Engineering and Inspection contract for this project and approved by the Board on June 27, 2000. As a result of this unanticipated payment, it is now necessary to reimburse this fund via a Budget Amendment from Reserves in Fund 331. FISCAL IMPACT: A budget amendment is needed to transfer $103,100 from Road Impact Fee-District 1 reserves and appropriate in the project. GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: Approve the necessary budget for the Pine Ridge Road project in the amount of $103,100.00. E.I., Project/31anager j Peter Hayden Transportation E,~gine,~g~.G~nstruction Management Department REVElWED BY:- ~'-'~ "/,'~/'~~~~~,~~ Date: Edward J. ~a~~ransportation Services Director APPROVED BY: /3~, Date:/7-~'7/~- Mike ~ ~ ' Director TE & CM/Interim Transportation Administrator AGENDA ITI~M/' ,~ A'J$ o 1 2000 Pg. APPROVAL OF BUDGET AMENDMENTS In Board's Absence (BCC Agenda of 8/1/00) Code Enforcement-Administration (Fund 111) Budget Amendment g00-405 Operating Expenses: Other Contractual Services Reserves Reserve for Contingencies Total: Explanation: Ordinance. $2,500 (2,500) -0- Funds are needed to pay for costs incurred by consultants regarding the proposed Noise AGEND~ No./g"' A~J',; 0 I 2000 EXECUTIVE SUMMARY APPROVAL OF THE FLORIDA ASSOCIATION OF COUNTIES STATE LEGISLATIVE SURVEY OBJECTIVE: To forward Collier County Government Staff responses to the Florida Association of Counties State Legislative Survey. CONSIDERATION: The Florida Association of..Counties (FAC) distributed its annual survey (July 5) to determine what issues are important at the local County level for the upcoming legislative session in an effort to form a FAC platform. The survey was forwarded to all appropriate County departments and constitutional agencies and compiled by the County Manager's Office. Enclosed is the compilation of responses to these questions for the Board's review, comments, and formal approval so that the survey may be submitted by the August 4, 2000 deadline. As an informational note, the legislative review of this survey is scheduled for October 5, 2000 in Orange County, Florida. FISCAL IMPACT: There is no fiscal impact. RECOMMENDATION: That the Board of County Commissioners approve the attached responses to the Florida Association of Counties State Legislative Survey. Prepared by: '~M a~r~c; ~'~*~'~ J Date: , Administrative Secretary Reviewed and Approved by: Date: Thomas W. Olliff, County Manager AUG 0 FLORIDA ASSOCIATION OF COUNTIES MEMORANDUM TO: County Commission Chair County Administrator FROM: Carol L. Bracy, Legislative Director DATE: July 5, 2000 RE: FAC=s 2001 Legislative Issues Survey The Florida Association of Counties (FAC) is beginning its 2001 legislative policy development process. President Judy Johnson recently appointed FAC=s legislative leadership council, committee chairs and vice chairs, and the Rural and Urban Caucus leadership to start developing the 2001 FAC Legislative Program (see enclosure). Also enclosed is the Legislative Issues Survey for your county to submit recommendations on various legislative issues. We would like each county administrator to be responsible for coordinating their county' s response and providing FAC with ONE completed survey. Please provide specific recommendations and use additional pages if necessary. Your participation in this process is needed to develop a legislative platform that is responsive to counties. Please return all surveys to Paula Roberts by August 4, via e-mail at proberts~.fl-counties.com. If you are unable to e-mail your responses, please fax it to (850) 488-7192 or mail to P.O. Box 549, Tallahassee, FL 32302. FAC staff will compile the survey results for consideration by the policy committees. Remember, your county's input is an integral part of the policy development process and we encourage all counties to participate. Finally, mark your calendars now! The policy committee meetings have been scheduled for: Thursday, October 5, 2000 Rosen Plaza Hotel, 9700 International Drive, Orange County (Formally the Clarion Plaza Hotel) (407) 996-9700 or (800) 627-8258 Meeting times:9:00 a.m. - 12:00 p.m. LUNCH ON YOUR OWN 1:30 p.m. - 4:30 p.m. If you have any questions, please contact me at the FAC office. Thank you for your interest and participation in this important endeavor. cc: Affiliate Presidents County Lobbyists FCF Circuit Riders Enclosures AUG 0 1 2000 WE NEED YOUR INPUT AND PARTZCIPA 7'10111! Now is the time to start thinking about the 2001 FAC Legislative Program. The first step in FAC's policy development process is gathering your county=s input both at the commission and staff level. This survey seeks your county=s input on a variety of potential issues for the 2001 Session. FAC also wants your suggestions on other items that should be addressed next year. Please indicate below what I~gislative action (e.g., statutory changes, oppose/support legislation), if any, is needed for each topic. Please provide specific recommendations, keeping in mind today--s political climate and the statewide application of your issues. Remember, there are no right or wrong answers. FINANCE & TAXA'I' ON Staff Contact: Bob McKee bmckee@fi-counfies.com 1. CON$OUDATED COUNTY FINANCIAL STATEMENTS Current law requires that one audit document be produced for the county that includes a separate audit of each county agency in accordance with generally accepted accounting principles (GAAP). Recent changes in GAAP require that each governmental agency producing financial statements provide a full set of financial statements. To avoid this requirement, there is movement among certain constitutional officers to change current Florida law to require only one audit at the County Commission level that would include all constitutional officers. How would your county respond to the idea of a single audit that would include all constitutional officers as well as the Board of County Commissioners? Response: In Collier County budget amendments are, as a general rule, restricted to the boundaries of the County fiscal year. However, there may be instances where a Comprehensive Annual Financial Report (CAFR) adjusting entry may necessitate the need for a budget amendment. Therefore, Collier County supports the need to have express authority to make budget amendments to pdor year budgets. Who is the county technical contact? Michael Smykowski, OMB Director (941) 774-8088. 1 l ' AG!~.ND& i~_EM AUG 0 1 2000 2. COUNTY BUDGET AMENDMENTS AFTER YEAR-END School districts currently have express statutory authority to make amendments to pdor year budgets within the first 90 days of a fiscal year. Counties do not have similar express authority. Please indicate the need to have express authority to make budget amendments to pdor year budgets. Response: Collier County receives Federal Payment in Lieu of Tax revenue on an annual basis, based on each acre of federally owned land within the County boundaries. The acreage is exempt from ad valorem taxes. Funding received by Collier County from this program is inadequate as PILT revenue for acquired lands is only received for five years from the date of acquisition. However, in these areas there is an on-going need to provide minimal services, the costs of which are subject to annual inflationary increases. Who is the county technical contact? Michael Smykowski, OMB Director (941) 774-8088. 3. IMPACT FEES The legislature passed HB 2179, which would have capped school impact fees for the 15 counties with such fees at 67.5% of current authorized amounts and preempted 52 counties from imposing the fee. The Govemor vetoed this bill, but indicated that his Growth Management Commission would address the overall state policy with respect to all impact fees. Please indicate what the general county position is with respect to impact fees. Response: Collier County strongly endorses the use of impact fees to fund growth-related capital infrastructure. Collier County assesses impact fees on in the following service areas: EMS, correctional facilities, roads, water, sewer, libraries, parks and fire districts (dependent). In addition, the Collier County School Board and the independent fire districts in Collier County also impose impact fees. Technical Contact: Phil T',ndall, Impact Fee Coordinator (941) 403-2369 4. COMMUNICATIONS SF. RVlCES T,~( The Legislature passed the new Communications Services Tax that will replace all current state and local revenues generated fn3m telecommunication services. The new tax does not take effect until October 1, 2001. One issue that will be addressed in the intedm is the examination of cable in-kind services. Please provide specific county issues with regard to the possible elimination of cable in-kind agreements or a replacement of the value of cable in-kind with additional tax capacity within the new tax. Response: The impacts of Flodda's Communications Services Tax Simplification Act are far reaching, in terms of the negative impact on Collier County's cable franchise fee revenue stream. As Collier County is a non-chartered county, the 5% cable franchise fee is the only revenue item of concern. The contemplated review and valuation of Public, Education and Government (PEG) channels and other in-kind services, to include Institutional Networks (I-Net), will likely result in a marked reduction in cable franchise fee funds returned to local governments from Flodda's Department of Revenue (FDOR). It is proposed that the value placed on these services will be deducted from franchise fees paid to FDOR by cable operators. Currently, Collier County has two PEG channels subject to the in-kind services valuation; one county government channel and one educational channel dedicated to the School Board. Subject to future valuation are some 100 county and School Board I-Net sites being developed to enhance inter-agency communications/education and e-govemment initiatives. A(;~ENDA ITEM 2 No. i/, ~ ~ AUG 0 1 21J00 This Act further restricts cable franchise fee revenue by removing intemet services from the gross revenues subject to the 5% franchise fee and the offset of permitting fees collected from cable providers being deducted from franchise fees paid. Provisions of the Act that may allow local governments to levy additional taxes to recover lost revenues attributable to this ACt may not be politically palatable at the local level. Who is the county technical contact? Doug Essman, (941) 403-2302 Utility & Franchise Regulation Collier Business Plaza- Suite 210 3050 North Horseshoe Ddve Naples, Flodda 34104 5. STATE BUDGET AND GRANT PROCESS The State Budgetary process has gone through some dramatic changes over recent years with respect to the member project process, the grant process, and the requirements for local matches to receive state funds. Please provide input on county experiences as well as concerns and suggestions on the following issues: What has your county experience been with respect to local match requirements? How has the requirement to supply local matching funds changed in recent years? Has the requirement of a local match prevented your county from accessing any state or federal funds? How has the change in the member project process to require a public hearing or panel review of projects affected your county? What is your county's experience with the various grant programs as far as the application, contracting, and review with the respective agencies administering the grants? Please provide any other issues of concern to your county with respect to the state budget and grant process. Response: Collier County has not applied for several grants that had excessive local match requirements. Local grant matches have increased in the past few years and the kind of match that is allowed has been restricted. The application, contracting and review process for each grant is handled totally differently. Some standardization needs to occur both in definitions and requirements for different funding agencies. Many times the rules and regulations are different if not contradictory for what's allowed for each type of grant. Collier County does not have one technical contact for all grants. Grants are divided among the agencies that receive them and each has a grant specialist who would be the technical contact within that division. Who is the county technical contact? Greg Mihalic, HUI Director (941) 403-2333 6. SAVE OUR SENIOR8 ADDITIONAL HOMESTEAD EXEMPTION Tax Watch has recommended that the application process for the additional homestead exemption for individuals 65 and older with income below $20,000 be revised to require only a sworn statement of eligibility rather than proof of income. Under the proposal, further documentation could be required at the request of the Property Appraiser. All other ad valorem exemptions with income requirements are required to annually submit income documentation. What is your county's position on relaxing the information retum requirement for the additional homestead exemption for senior citizens? 3 Ac3ENDA ITEM AUG 01 200U Response: 1. Income Verification (tax returns and year end income statements from those not filing tax retums) should be kept in effect on an annual basis. 2. IRS verification forms (for tax retum non-filers) should either be done away with, or applications should be processed without waiting for receipt of the IRS reply. 3. The municipalities considering this additional exemption should be required to vote on it earlier than December 1", so that a mailing could be incorporated into the homestead receipt, allowing the Property Appraiser to notify eligible residents in a timely manner. Who is the county technical contact? Abe Skinner, Collier County Property Appraiser 7. COUNTY FISCAL RESOURCES What is the most cdfical budget/fiscal issue in your county (e.g., transportation funding, etc.)? What is the greatest fiscal constraint in regards to your local revenues? Is there a specific change needed to assist your county in meeting its budget/fiscal needs? Response: The most critical budget/fiscal issue affecting Collier County is the ability to generate sufficient revenues required for capital infrastructure, especially in the areas of transportation. Collier County is a popular tourist destination, thereby requiring additional infrastructure to meet seasonal population demands. Collier County has maximized transportation impact fees and has enacted all local option fuel taxes currenfiy authorized by the Legislature. In spite of these local revenue-generating initiatives, a large outstanding deficit remains in the Collier County transportation program. The local government infrastructure surtax is available to Counties as a means to finance, plan and construct infrastructure; to acquire land for public recreation or conservation or protection of natural resources; and to finance the closure of local govemment-owned solid waste landfills that are already closed or are required to close by order of the Department of Environmental Protection. However, levying this surtax currently requires an ordinance enacted by a majodty of the county's governing body and approved by voters in a countywide referendum. Limitations on local autonomy in enacting new revenues place a great constraint on local revenues. A specific change needed to assist Collier County in meeting its infrastructure needs is the removal of the countywide referendum requirement in enacting the local infrastructure surtax. Who is the county technical contact? Michael Smykowski, OMB Director (941) 774-8088 GROWTH & ENVIRONMENTAL PLANNING Staff Contact: Palmer Mason pmason(~)fl-counfies. com 8. GROWTH MANAGEMENT Changes to the state's growth management laws will be a high priority next session. Please provide a response stating your county's view on the following items and any pertinent suggestions or comments: a) Should state oversight be limited to compelling state interests or should there be more state oversight? Response: The state Growth Management Legislation (Chapter 163 & Rule 9J5 should be revised to focus on elements of compelling state intersst. These elements of compelling State interest should be defined in the States Comprehensive Plan, which should in turn be tied to appropriate funding levels to ensure that the state's compelling interests are advanced and protected. Examples include, but are not limited to: beaches, shorelines, forests, regional ecosystems, wetlands, uplands, potable water, protected 4 [- . AGENDAF~EM -- species, historic preservation, regional and statewide transportation systems, urban sprawl, economic development (including workforce development), toudsm, and affordable housing. b) Greater Local Flexibility Response: Greater flexibility in the Comprehensive Planning process should be an objective of the state where the issues at hand are pdmadly local issues. Examples include but are not limited to small-scale comprehensive plan changes, and comprehensive plan changes for lands within existing urban designated areas. c) Citizen ParticipatJon Response: The ability for citizens to participate in the growth management/comprehensive planning process is critical and must be maintained. Nevertheless, the issue of participation in the process and the definition of exactly what constitutes standing requires greater definition and cladty. The process should minimize the ability for individuals or groups that have chosen not to participate in the process to initiate frivolous or eleventh hour challenges which are without medt should. Perhaps when a challenge is filed, within a reasonably short time frame an initial administrative headng could make a finding of cause or medt of such a challenge. Should that administrative hearing result in a finding of insufficient cause or merit, and should the challenger chose to proceed with the challenge, he, she or they would do so with risk of incurring court costs or damages the challenge not be upheld. d) Intergovernmental Coordination Response: Intergovernmental Coordination at the local, regional and state (i.e., interagency) levels is critically important to the efficient implementation of the States Growth Management legislation. At the local government level, ensuring appropriate and necessary degrees intergovernmental coordination should be the role of local governments with coordination and technical assistance from regional planning councils. e) Streamlining the Review Process 1) 2) 3) 4) objectives are appropriate; if appropriate, objectives are being met; the process is designed to ensure compliance, while maximizes the level of service to the those engaged in the process; and the process promotes the most efficient use of tax dollars. To this end, streamlining the process without compromising the legislative objective should always be a goal of the State. Response: It is the responsibility of any regulatory agency to review procedures on an ongoing basis to ensure that: f) Funding - Concurrency/Planning Activities Response: Once the elements of compelling state interest have been identified and are incorporated into the states's comprehensive plan, funding must be appropriated for ensure that these compelling state interests are furthered and protected. g) Other Issues Response: The state, in determining compelling state interests, as well as appropriate attendant funding required to protect and advance those interests, should investigate an enhanced role for local 5 AUG 0 1 government and regional planning councils in regulatory oversight on regional land local growth management issues. Who is the county technical contact? Robert J. Mulhere, AICP, Planning Director (941) 403-2461 9. AGRICULTURAL ISSUES Dudng this past session, agricultural issues received a great deal of attention. Most of the issues centered on the impact of local government regulations, both environmental and growth management, on agricultural operations. For each of the following topics, please provide a response stating your county's view and any pertinent suggestions or comments: a) Effect of Land Development/Zoning/Local Environmental Regulations on Agriculture Response: The agricultural industry is an extremely important industry and an economic driver, locally in Collier County, regionally, and at the Statewide level. As such, the State must step up efforts to protect and grow this industry. Nevertheless, protection of the states critically important natural resources requires the implementation of best management practices that are ecologically focused in the agricultural industry. Incentives for implementation of "smart growth" techniques are necessary to discourage urban/suburban sprawl and to minimize the loss of productive agricultural lands to premature development. b) Agricultural Preservation and Growth Management Response: In addition to items raised in (a) above, estate tax reform and the encouragement of agricultural easements coupled with Transfer of Development Rights programs are tools that should be utilized and to a greater degree, 'incentivized' in order to preserve agricultural lands, particularly family owned ranches and farms. c) Nuisance Abatement and Agricultural Operations Response: Nuisance abatement, even for agricultural operations, should fully be under the local govemment's jurisdiction. d) Other Issues Response: Not applicable Who is the county technical contact? Robert J. Mulhere, AICP, Planning Director 10. WAI'E~ QUANTtrY AND QUAUTY Pleasa provide a response stating your county's view and any pertinent suggestions or comments for each of the following topics: VVater Quantity and Quality a) Using Market Forces for Water Supply Response: The allocation of water resources would become even more complex through the introduction of Market Forces. On the other hand Market Forces would introduce reality into the agriculture versus urban use debate. b) Statewide Funding for Water Supply Response: While local governmental agencies may have the resources and funding mechanisms in place to provide services through user fees and charges the State has a responsibility to financially support local utilities in complying with state dictated water resource requirements. AUG O! 2000 c) Demineralization/Aquifer Storage and Recovery Response: Demineralization: We believe that the consumer of water should get the water quality that they are willing to pay for. The current direction is to provide a high quality water at a reasonable cost, which we believe to be an appropriate direction. Aquifer Storage and Recovery (ASR): due to significant seasonal fluctuations of available water resources and the demand for water, we believe that ASR is a viable mechanism to enhance (or supplement) the availability of water resources for potable water. We believe that this technology should be pursued as a resource within the confines of good science and prudent utilization of available resources. There is also a potential significant savings in cost of storage if ASR is proven to be an option that is hydrogeologically sound: underground storage and the ancillary equipment required to make ASR operational is significantly less costly than other available types of storage (i.e., ground storage, elevated storage, surface storage). d) Water Advisory Panel (e.g., Review Process for Member Projects) Response: We are uncertain what level of Water Advisory Panel is being referred to or is being proposed. Generally we believe that there may be a need for more local oversight of water resource utilization. e) OtherIssues Who is the county technical contact? Paul E. Mattausch, Director, Water Department (941) 732-2558 11. ,~OUD WASTE/RECYCLING Please provide a response stating your county's view and any pertinent suggestions or comments for each of the following topics: a) Construction and Demolition Debris as a Recovered Matedal Response: The removal of C&D matedal from the waste stream is a key component of waste reduction and recycling. We view the recovery of C&D material as one of the more effective means of meeting our recycling targets. b) Other Issues Who is the county technical contact? G. George Yilmaz, Ph.D., P.E., (941) 732-2502 12. FLORIDA FOREVER Under the Flodda Forever Act, a panel of citizens and legislators have been appointed to review the Act's goals and performance measures, land acquisition procedures, and other relevant issues. Their initial report is due on November 1, 2000, and may stir legislative interest in examining the Flodda Forever Act. For each of the following topics, please provide a response stating your county's view and any pertinent suggestions or comments: a) Enhancing County Role in Selection and/or Management of Conservation Purchases Response: The Legislature adopted the Florida Forever Act (259.105 Florida Statutes) in 1999 to continue revenue sources for Preservation 2000, Save our Rivers, the Florida Communities Trust and other public land acquisition programs. The Act specifies the goals of the goals of the proposed acquisition projects and criteria for project applications. It further established the Acquisition and 7 AU(j [I 1 Restoration Council to evaluate, select and rank proposed projects and to recommend the adoption of rules to address project solicitation and selections. County roles could be strengthened by a requirement that a project proposal receive an endorsement from the local jurisdiction. At a minimum, the State should formally solicit the views from local jurisdictions in which the projects are located. The response of the local jurisdiction should be included in the report of the Acquisition and Restoration Council to the Board of Trustees as required in Section 259.105(15). b) Adequacy of Payment-in-lieu-of-taxes Provisions Response: Collier County receives Federal Payment in Lieu of Tax revenue on an annual basis, based on each acre of federally owned land within the County boundaries. This acreage is exempt from ad valorem taxes. Funding received by Collier County from this program is inadequate as PILT revenue for acquired lands is only received for five years from the date of acquisition. However, in these areas there is an on-going need to provide minimal services, the costs of which are subject to annual inflationary increases. c) Surplus Lands Requirements Response: No staff recommendation. d) Changes to Goals and Performance Measures/Land Acquisition Procedures Response: No staff recommendation e) Other Issues Response: No staff recommendation Who is the county technical contact?. William D. Lorenz, Jr., P.E., Director of Natural Resources 13. COMIIUNITY DEVELOPMENT For each of the following topics, please provide a response stating your county's view and any pertinent suggestions or comments: a) Redevelopment/Revitalization Response: The area of redevelopment/revitalization should be left to the local government for determination. Standard measurement criteda vary so tremendously from one locality to another, local government designation should be encouraged. b) Affordable Housing Response: Additional Doc. Stamp Taxes should be provided from the State and made available for affordable housing initiatives at the local level. c) Other Issues Who is the county technical contact? Collier County's technical contact on affordable housing and economic development is Greg Mihalic, (941) 403-2333. 14. WATER/WASTEWATER UTILITY I~GULATION Is your county experiencing any difficulties with the regulation of water or wastewater utilities? Are there any problems which need to be resolved with regard to planning, intergovernmental conflicts, annexation, service areas, rates, notices of rate cases or increases, procedures or policies, or the Public Service Commission? Please provide details on what statutes or policies could be changed and, if possible, any ideas about how they could be re-written. Responte: YES. There are four major areas of concern discussed below. TECHNICAL POINT OF CONTACT: Bleu Wallace, (941) 403-2302 Director, Utility & Franchise Regulation Collier Business Plaza, Suite 210 Naples, Flodda 34104 A. PSC Compliance with Comprehensive Plans. County and municipal govemments invest a great deal of time, money and effort in establishing their comprehensive plans for numerous purposes. Unfortunately, the Fiodda Public Service Commission (PSC), when considering the application of an investor-owned utility to provide service within a given jurisdictional county (under PSC jurisdiction) does not have to comply with the provisions of comprehensive plans when determining whether to grant the application. The current statute merely states that the PSC must consider, but is not bound by such plans. While this problem would appear to be limited to jurisdictional counties, the fact is that the PSC is asserting its authority to grant both odginal certificates and certificate amendments in nonjurisdictional counties (counties with local utility regulation), and means this is a problem that should be of concern to all Florida counties. The law should be amended to require the PSC to act consistently with local comprehensive plans. No specific amendatory language is submitted.The necessary change would be to Section 367.045 (5)(b), Florida Statutes, which currently states: Section 367.045 Certificate of authorization; application and amendment procedures.- (5)(b) When granting or amending a certificate of authorization, the commission need not consider whether the issuance or amendment of the certificate of authorization is inconsistent with the local comprehensive plan of a county or municipality unless a timely objection to the notice required by this section has been made by an appropriate motion or application. If such an objection has been timely made, the commission shall consider, but is not bound by, the local comprehensive plan of the county or municipality. 14. WATER/WASTEWATER UTILITY REGULATION B. Propose language to modify the cross county PSC/County jurisdictional conflict. Probably the most important area requiring a legislative change regarding utility regulation is that part of Chapter 367, Florida Statutes, that allows the PSC to take jurisdiction of investor-owned water and wastewater utilities in nonjurisdictional counties when the service of a utility transverses county boundaries. The existing language was written in 1989 and modified in 1990 to deal with an existing utility that had physicel lines running into three different counties or regulatory jurisdictions. The necessity of the original change was to avoid the ability of two or more regulators to "whipsaw" the utility by improper allocations of plant and costs to another county's customers. The statute was abused by the industry and the PSC when jurisdiction of a stand alone utility in a nonjurisdictional county was taken from that county with local regulatory authority on the basis that shared meter readers and other support sawices constituted "service transverses county boundaries.' The PSC now takes the position that it can approve original certificates of service within a nonjurisdictional county in connection with proposed service in an adjacent county whether that county be jurisdictional or nonjurisdictional. The pending Nocatee Case involves the PSC's approval of some 22,000 acres of utility service territory within nonjurisdictional SL Johns County, without the County's concurrence and without any required observance of that county's comprehensive plan or utility master plans. If this interpretation of the statute is allowed to stand or the language of the statute remains .unchanged, then most of the goals nonjurisdictional counties have for engaging in local regulation will be completely dashed. The following change is recommended to Section 367.171(7), Florida Statutes (additions underlined). Section 367.171 Effectiveness of this chapter.-- ~ Notwithstanding anything in this section to the contrary, the commission shall have exclusive jurisdiction over all utility systems whose service mains and lines traverses county boundaries, whether the counties involved are jurisdictional or nonjurisdictional, except for utility systems that are subject to, and remain subject to, interlocal utility agreements in effect as of January 1, 1991, that create a single governmental authority to regulate the utility systems whose service transverses county boundaries, provided that no such interlocal agreement shall divest commission jurisdiction over such systems, any portion of which provides service within a county that is subject to commission jurisdiction under this section._ Approval of certificates of authorization, whether oriqinal or amendments thereto, authorizing a utility to provide service to a soecific service area within a noniudsdictional county shall b.e at the sole discretion of the noniudsdictional county. 14, WATER/WASTEWATER UTILITY REGULATION C. Margin reserve - return to 18 months; eliminate "environmental compliance cost" language; and return rate reduction for rate case expense. SB 1352 passed in the 1999 Legislative Session, and (1) increased the "margin reserve" from 18 months to five years; (2) requires recovery from CUrTent customers the full amount of "environmental compliance costs" and; (3) eliminated the requirement that customers rates be reduced to reflect a ufility's full recovery of its approved rate case expense. Each of these anti-consumer amendments should be reversed. Margin Reserve: Margin reserve is quite simply rate base earmarked for the use of future customers for which current customers are forced to pay a return in their current utility rates. The increase from the PSC's policy of allowing 18 months, which here-to-fore was not stated in law, to a stated five full years was simply the result of an aggressive lobbying effort by the industry. Suggest that the law be amended to reflect the previous PSC policy by merely changing "five years" or "five full years" wherever these terms appear in Section 367.081(2)(I)(a)2, Flodda Statutes, to "eighteen months." "Environmental compliance cost" recovery: Recovery of legitimate environmental costs, or any prudent costs through utility rates has never been at issue either at the PSC of in counties with local regulation. What the utilities gained from the new language added in 1999 was the current recovery of all environmental, and many other costs due to the very broad definition, without any consideration of whether the costs were associated with "used and useful" plant. Current customers should not have to pay for environmental costs on utility plant not necessary to serve them, but reserved for future customers. The law should be amended by merely deleting the language added in 1999. Rate case expense: Pdor to 1999 and the passage of SB 1352, Section 367.0816, Flodda Statutes, allowed utilities the full recovery of their authorized rate case expense over the course of a four year amortization period, but mandated that the rates be reduced by the rate case amortization amount once the full recovery of rate case expense was recovered. SB 1352 contained a last minute amendment striking the language requiring the reduction for rate case expense, thus allowing a utility to continue collecting the funds despite the full recovery of the initial rate case expense. lO 'AGENDA rtEM -- No._ I/,, ,~ ..,~_.- ~ The following change is recommended to Section 367.0816, Florida Statutes (additions underlined). 367.0816 Recovery of rate case expenses. The amount of rate case expense determined by the commission pursuant to the provisions of this chapter to be recovered through a public utilities rate shall be apportioned for recovery over a period of 4 years. At the conclusion of the recovery Ped0d, the rate of .the public utility shall be reduced immediately by the amount of rate case expense previously included in rates. 14. WATER/WASTEWATER UTILITY REGULATION D. Remove County Government Compliance with Chapter 120 Provisions. SB 1280, passed during the 2000 Legislative Session, included amendatory language requiring that nonjurisdictional counties comply with certain provision of Chapter 120, Florida Statutes, the Administrative Procedures Act, when conducting cases involving investor-owned water and wastewater utilities. Counties are not normally bound by Chapter 120 as they have their own Utility Regulation Ordinances in place, which govern the conduct of rate proceedings. This additional requirement is not necessary procedurally and imposes unnecessary additional expense on the counties, which expense is invariably passed on to consumers. This requirement can be eliminated by striking the language that was added by SB 1280, underscored below. Section 367.171 Effectiveness of this chapter.-- (8) Each county which is excluded from the provisions of this chapter shall regulate the rates of all utilities in that county which would otherwise be subject to regulation by the commission pursuant to s. 367.081(1), (2), (3), and (6). The county shall not regulate the rates or charges of any system or facility which would otherwise be exempt from commission regulation pursuant to s. 367.022(2). For thi.s. ourDose the county or its a,qency shall proceed as thou,qh the county or a,qency is the commission. In all proceedin,qs conducted by a county or its a,qency under the authority of this chapter, the provisions ofss. 120.569 and 120.57 shall aoolv. 15. SOVEREIGN SUBMERGED LANDS Last year a bill was filed proposing to cladfy the line of ownership between sovereign submerged lands and private property. Did your county take a formal board position regarding last year's bill? If so, what was the position and was the position modified as the bill was amended? CRIMINAL JUSTICE & PUBLIC SAFETY Staff Contact: Maritza Sanchez msanchez~ifi-counties.com 16. GUN SAFETY/LOCAL GUN CONTROL AUTHORITY/TRIGGER LOCKS/RESALE OF FIREARMS BY LAW ENFORCEMENT AGENCIES Has your county adopted any ordinance requiring background checks at gun shows and/or longer waiting pedods since the passage of Revision 127 No Are there any regulations and/or issues your county would like to adopt and/or address, but are currently preempted under state law? Response: Recently Shedff Hunter has issued direction to staff to begin development of a County Ordinance for presentation to the BOCC. Sheriff Hunter would like to enact an ordinance that would mandate a background check as well as a mandatory three-day waiting pedod for any and all firearm purchases in Collier County, including gun shows. This may all be accomplished under the provisions of Revision 12. There is no action under current consideration that is preempted under state law. AGENDA IT~ AUG o 1 zooo Who is the county technical contact? Chief Greg Smith (941) 793-9289 ¶ 7. MANDATORY POST PRISON SUPERVISION During this past session, there was legislation that would have required all penons released early from prison to be supervised upon release. The bill had the potential to increase the number of "technical' oftenden held in county jails awaiting headngs for violating their state probation. What is the potential impact to your county jail for housing additional "technical" violaton while they await a court hearing? Response: There is always a direct relationship to shifts in enforcement efforts, new legislation and local jail populations. Placing everyone released from State Prison on supervision (probation) will undoubtedly drive up local jail populations. It will likewise increase caseloads for Courts, Clerk of Courts, State Probation, Public Defenden, and the State Attorney. The greatest impact will come from the historical practice that those charged with a violation are mandatory holds (without bond) at least until initial arraignment. It would be impossible to gauge the actual impact without mapping current trends but I feel safe in saying it would be significant. Who is the county technical contact? Chief Greg Smith (941) 793-9289 ¶ 8. JUVENILE JUSTICE ADULT PROSECUTIONS Flodda leads the country in prosecuting juveniles as adults. Juveniles awaiting trial in the adult courts are held in the county jails and are required to be kept away (sight and sound) from the adult population. The Govemor and the Department of Juvenile Justice (DJJ) have adopted a new "Tough Love" policy for juveniles. Legislation passed this year regarding mandatory direct file of juveniles has the potential to increase the number of juveniles held in the county jails. How has this new "Tough Love" approach impacted your county jail/juvenile facilities? How should the state address the increasing number of juvenile crime and juvenile offenders? What should the role of counties be in addressing this issue? Response: The shift in policy has not yet resulted in any impact. No attributable impact is likely to occur until after the current retooling of the Department of Juvenile Justice (DJJ). Efforts are currenfiy underway by the DJJ to shift current philosophies regarding adult prosecution to a much more aggressive posture. Redeployment and reassignment of key staff are accomplishing this. Once this has been accomplished than a dramatic escalation in adult prosecution could occur. However the determining factor in how a juvenile offender is prosecuted rest with the State Attorney's Office. While there is little doubt as to an increase in the number of petitions from DJJ to direct file juvenile offenden, the ultimate decision rests with the SAO and the Courts. If DJJ is successful in obtaining a shift from current prectice than the jails in the state will be dramatically affected. Numben of juvenile offenden awaiting tdal in jail will increase. The greatest impact will be upon the jail facility itself. With the requirement to separete by sight and sound, current jail facilities will require renovation or in some cases new construction to accommodata the increased numben of this classification of offender. Historically, juvenile oftenden who have been direct filed, and are awaiting trail in adult jails, have constituted a very small percentage of the jail population. The areas originally designed to meet the separation requirements in most cases will not accommodate the greatar humbert. This will prompt addiUonal facility construction in some smaller jurisdictions. Another factor that will lead to a drematic increase will be the predictable strategies of defense attorneys. Currently, most juvenile oftenden enter into plea agreements and are detained only a short time. However, when faced with new "tough love" sanctions more defense attorneys will insist on proceeding to trail in attempts to avoid the tougher sanctions. Dockets will increase and delays in the judicial process will occur, thus increasing the averege length of stay in the county jail for juvenile oftendem. Who is the county technical contact? Chief Greg Smith (941) 793-9289 19. JUVENILE JUSTICE REORGANIZATION 12 AGENDA No. AUG 0 1 2000 Last year the Legislature passed CSISB 1196, which establishes the following programs within D J J: Prevention and Victim Services, Intake and Detention, Residential and Correctional Facilities, Probation and Community Corrections, and Administration. The bill also authorized the establishment of juvenile justice circuit boards in each of the 20 circuits and juvenile justice county councils in each county. How has this legislation impacted your county's participation in the local juvenile justice boards and councils? What issues, if any, should be addressed dudng the next legislative session? Response: There has been no impact to the 20u~ Judicial Circuit & Collier County due to the recent implementation of the Bill. Who is the county technical contact? Mark Middlebrook, Senior Deputy Court Administrator 20. LAW ENFORCEMENT EDUCATIONAL REQUIREMENTS Legislation was defeated this past session that would have mandated a minimum two-year degree for law enforcement officers. In the intedm the Educational Standards Committee of the Florida Shedifs Association (FSA) and the Flodda Police Chiefs Association have been working closely to draft language for the 2001 legislative session. The proposed language to be presented to the members of FS^ includes the following: Requires an Associate's Degree or its equivalent as defined by the Criminal Justice Standards and Training Commission, or 60 credit hours from a recognized institution of higher learning; · Law enforcement officers currently certified would be grand-fathered up to the legislafion's implementation date; · Upon passing the state examination, a recruit officer would have four years to obtain the minimum education requirements; · A set number of college credit hours for the basic recruit training program should be established; and · Corrections officers would not be required to meet the enhanced educational standards. Please indicate your county's position on any mandatory degree requirements for law enforcement officers. Who is the county technical contact? Chief Greg Smith (941) 793-9289 21. FJaERGENCY MANAGEMENT Please identify any issues that need to be addressed during the next legislative session: Chapter 400, Florida Statutes, was amended on May 24, 2000 and will go into effect on October 1, 2000. The Statute requires that Home Health agencies, nurse registries, and local Hospices to submit a Comprehensive Emergency Management Plan for review and approval to the County Health Department. This requirement is conditional upon the receipt of an appropriation to establish a medical services disaster coordinator position in County Health Departments. Every County Emergency Management agency in Florida relies on County Health Departments to assist in the management of the "People with Special Needs" program in the event of a disaster. Personnel cutbacks in County Health Departments, over the last decade, have made plan review and emergency program development nearly impossible to accomplish. Home health agencies, nurse regestries, and local hospices can provide vital and needed assistance if properly managed and coordinated with existing plans. Response: That the Florida Legislature provide appropriations to establish a medical services disaster coordinator postion in County Health Departments. 13 Ne. I/,,~-~ ~ AUG 0 1 2000- Who is the county technical contact? Collier County Technical Contact: Ken Pineau, CEM, Emergency Management Director (941) 774-8~.~.~. HEALTH & HUMAN SERVICES Staff Contact: Joe Anne Hart jahart(~ifl-counties. corn 22. HOMELESS The Legislature created a Commission on the Homeless this past session to look at the problems of the homeless and propose solutions for reducing homelessness. Is this a significant issue in your county? Does your county currently provide for homeless services or fund such services? If so, at what funding level? Please provide specific suggestions to help address this issue locally as well as at the state level. Response: Collier County presently provides $225,000. In SHIP funding for special needs / transitional housing for the homeless. Social Services provides emergency medical services and information and referral support to the homeless. The Commission On The Homeless should provide grant funding with an emphasis on community involvement to access these funds. State mandates for local ad valorem dollars to be used to reduce or alleviate the local homeless problem should not be a consideration. Who is the county technical contact? Martha Skinner, Director Social Services / Greg Mihalic 23. PRIVATIZATION OF DEPT. OF CHILDREN AND FAMIUE~ SERVICES The Department of Children and Families has revamped its service delivery system to include more involvement and commitment from local governments, businesses, and charitable organizations. The first part of this change includes the elimination of the Health & Human Services Boards, creating Community Alliances in each county (or multi-counties), and implementing a pilot project to allow for a lead agency to administer child welfare and foster cam services. Please provide detailed comments on the potential effects of this reorganization. Response: There have already been a few pilot projects implemented to privatize children's services. One of the most successful programs is the YMCA in Sarasota and Manatee Counties. State funding has not been sufficient to meet the needs of the children. Local government, businesses, and charitable organizations, have had to become involved and provide funding. The concern is that due to the reluctance and inability of local govemmant to provide funding the State will expand legislation to mandate local ad valorem dollars for this program. This State Department of Children and Families program is the first to be privatized. Collier County's program must be in operation by 2003. Who is the county technical contact? Martha Skinner, Social Services Director (941) 774-8442 24. DEPT. OF ELDERLY AFFAIR8 REORGANIZATION (CONSUMER-DIRECTED CARE) Legislation was defeated this session that would have restructured the delivery of services to eiders. The Department of Elderly Affairs is implementing a two-year pilot project called consumer-directed care, which will allow 3,000 participants the flexibility to chose their services directly without obtaining a case 14 , A~ IrrEM -- "2 1 AU6 01 2000 manager. What role does your county have in providing elder care services and what affect would consumer-directed care have on county services? Also, what changes would your county recommend to improve the current delivery system for aging services? Response: The Department of Elder Affairs [DOEA] reorganization and Consumer Directed Care are two separate issues. Any departmental reorganization should be scrutinized as to cost effectiveness. The present DOEA Secretary, Gema Hernandez, has publicly stated that she bases her goal of a significant decrease in the role of Case Managers for elderly clients on her personal problems while cadng for her parents. Case managers assess clients to assure that their needs are mat by brokering services, and providing resources. Exchanging the role of Case manager and Lead Agency for a new bureaucratic structure will shift costs, not decrease them. The client loses out on an important Case Manager approach that assists with and advocates for their care. Before departmental change occurs that would effectively destroy the present aging network in Florida, well-documented justification for change and cost effectiveness studies should be made available by DOEA along with input and consensus from services providers. The Consumer Directed Care program is a two-year grant funded pilot program being promoted by DOEA. It is being marketed to potential clients, those needing in-home support services, with less than full disclosure. DOEA promotes it by offering direct cash payment.to frail clients who will be responsible for arranging their own supportive care with these dollars. Potential program participants are not told that they will be held accountable for paying and reporting withholding taxes, workers compensation, etc. Nor is it made clear that Case Managers will no longer be available to them for assistance in care planning or assurance of the sufficiency and dependability of the care being provided. DOEA needs to define the problems associated with the present service delivery system and work with the statewide aging network to determine what and if significant change is necessary. DOEA Secretary Hernandez has made the statement that the counties that contribute the most funding will be the ones that will be awarded contracts in the future. Who is the county technical contact? Martha Skinner, Social Services Director (941) 774-8442 25. LONG-TERM CARE Long-term care will be a major issue for the Flodda Legislature next session. What role should counties have in addressing the long-term care needs of seniors? If so, what should it be? Response: Expensive long-term care should be the last option of care considered for seniors. The State needs to increase payment for less expensive adult foster care and other types of intermediate care. Counties should not be obligated to pay additional mandated costs for nursing home care. V~o is the county technical contact? Martha Skinner, Social Services Director (941) 774-8442 26. WELFARE REFORM At the state level the focus of social service delivery has shifted to the community level, the rationale being that solutions need to be community-based. What strategies must be used to ensure that the needs of Flodda's most vulnerable families are being mat and that long-term self-sufficiency is being achieved? Also, please provide comments on the affect of welfare reform on counties. 15 AUG 0 1 2000 Response: Welfare Reform's effect on Collier County has thus far been insignificant. Primarily, Social Services medical assistance and Section 8 Housing is being provided by the county. Who is the county technical contact? Martha Skinner, Social Services Director (941) 774-8442 27. WORKFORCE DEVELOPMENT Please provide comments on the impact of the Workforce Innovation Act (SB 2050) passed dudng the 2000 session and suggested changes if any for next year. Response: The Workforce Innovation Act is an excellent first step into integrating job needs and the educational community. Additional focusing and targeting job skills with actual jobs needed within the community should be the next step. This legislation consolidates the State Workforce and WAGES Boards. In Collier County Workforce has 2 One-Stop centers in operation, one in Immokalee and another located in Naples. The objective is to consolidate all the services necessary to assist former welfare recipients by providing job training, job placement, housing, transportation, medicel assistance, child care, case management, and etc. Local government will be encouraged to participate in this effort and local funding requests are expected. This is another State Program being passed down to local government. A concern should be that the legislature will again look to counties for funding. Who is the county technical contact? Martha Skinner, Social Services Director & Helene Caseltine, HUI Department ADMINISTRATION & TRANSPORTATION Staff Contact: Alan Shelby Ashelby~d~-counfies.com 28. PAYDAY LENDERS State regulation of title loan companies has forced many of these businesses to operate as payday lenders. Should the state payday loan industry be further regulated by the state and should local governments have the authority to impose more stringent regulations? 29. CORSTRUCTION CONTRACT RETAINAGE Last year the legislature directed the Office of Program Policy and Government Accountability (OPPAGA) to conduct an intedm study of the construction contract retainage practices of local governments in Fiodda and surrounding states. Should a limit of 5% be placed on construction retainage? Why or why not? Response: Retainage is important because it constitutes money that is withheld from the base contract until the construction including punch list work is completed. The pdmary purpose of withholding retainage is to ensure that the contractor finishes the project completely. If retainage is not withheld, the contractor will not have monetary incentive to properly perform the work including the punch list work. Retainage is typically 10%, but 5% is not unusual. One may argue that retainage is unnecessary in public construction projects due to the fact that these projects are protected with performance bonds pursuant to Flodda Statutes, section 255.05. Although performance bonds are required for public projects in excess of $100,000, the public owner does not want to be forced to involve or sue a surety to obtain satisfactory performance of the work. The public owner is better served by withholding 5% or 10% of the contract value until the contractor fully performs. Withholding retainage provides the best incentive to the contractor. I recommend the County's position might suggest that a 10% retainage is appropriate. 16 i. AC~NDA~M Thank you for the opportunity to comment on this issue. *Information provided by Cadton Fields. Who is the county technical contact? Skip Camp, Director, Facilities Management Dept. 30. COMMISSIONER CERTIFICATION SllPEND Const~utional Officers who complete a certification course get an additional $2,000 stipend. Should County Commissioners get the same stipend for completing the voluntary County Commissioner Certification Program? 31. PERSONNEL Are there any employment and/or personnel issues that compensation benefits, collective bargaining, etc.)? need to be addressed (e.g., workers Response: Personal information included in an employee's personnl file such as home address and home phone # for personnel working in the Human Resource and Benefits functions (in our case, HR and Risk) be exempted from the public records law. A bill to this effect was introduced in the 2000 session, but failed to make it into law. Who is the county technical contact? Steve Camell, Acting Human Resources Director 32. Please identify additional legislative Issues your county would like FAC to consider. Name: County: Title: Eraall: Informal_ion ;lathered and entered by: 'Mary-Jo Brock Collier County Government~ 3301 E. Tamiami Trail~ Naples FL 34112 A;IministrafiVe Secretary, County Manager's Office marybmck~collierg0v. net Thank you for your Input. Please complete and retum by August 4 to: Me. Paula Roberts Entail: proberts~fl-counfies.com Florida A~oclation of Counties P.O. Box 549 D Tailaha~ee, FL 32302 Fax: (860) 488-7192 AUG 0 ! 17 ~NTFACSERWUSERS~egislafive~EGFILES~001 SURVEY ISSUES\Survey 2001 .doc 18 FOR BOARD ACTION: BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE August l, 2000 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. June 14- 20,2000 B. June 21 - 27, 2000 C. June 28 - July 4, 2000 3. Districts: Ao Mediterra South Community Development District - Minutes of November 24, 1999, December 13, 1999, December 29, 1999 and April 26, 2000 meetings and minutes of December 20, 1999 meeting and descriptions of Outstanding Bonds Cedar Hammock Community Development District - Minutes of May 8, 2000 meeting and proposed Operating Budget for Fiscal Year 2001 Co Fiddler's Creek Community Development District - Minutes of February 23, 2000 meeting Do The Big Cypress Basin Board of the South Florida Water Management District- Agenda for June 30, 2000 meeting E. Golden Gate Fire Control & Rescue District - Agenda for July 12, 2000 meeting Fo Naples Heritage Community Development District - Minutes of May 8, 2000 meeting and Proposed Budget for Fiscal Year 2001 with Resolution for Approval Go Heritage Greens Community Development District - Minutes of May 8, 2000 meeting and Proposed Budget for Fiscal Year 2001 with Resolution for Approval Ho H:Data/Format Collier Soil and Water Conservation District - Agenda for July 13, 2000 meeting, Agenda for June 14, 2000 meeting and minutes of June 14, 2000 meeting, minutes of May 3, 2000 meeting and summary report of the Mobile Irrigation Laboratory evaluations for the Third Quarter of Fiscal Year 2000 AGENDA ITEM No.J~.T'/ AU$ 0 1 2000 o Minutes: A. Citizens Advisory Task Force Committee - Minutes of April 20, 2000 meeting B. Pelican Bay MSTBU Advisory Committee - Agenda for June 14, 2000 Co Rural Fringe Assessment Area Oversight Committee - Agenda for June 21, 2000 meeting and minutes of May 17 and 31, 2000 meetings, Notice of a June 28, 2000 meeting, Agenda for June 28, 2000 meeting Collier County Airport Authority - Agenda for June 12, 2000 meeting, minutes of May 8, 2000 meeting Eo Lake Trafford Restoration Task Force Distribution List -Agenda for Revised meeting date of July 14, 2000 Fo Historical & Archaeological Preservation Board - Minutes of June 16, 2000 meeting Go The Ronald McDonald House of S.W. Florida Executive Directors - Agenda for June 21, 2000 meeting and minutes of May 17, 2000 meeting Environmental Advisory Council - Agenda for July 5, 2000 meeting, minutes of June 7, 2000 meeting Lely Golf Estates Beautification Advisory Committee - Agenda for August 11, 2000 meeting and minutes of June 9, 2000 meeting Jo Collier County Planning Commission - Agenda for July 20, 2000 meeting and minutes of June 1, 2000 meeting, Agenda for June 15, 2000 meeting and minutes of June 15 meeting, and minutes of May 17, 2000 meeting H:Data/Format AGE:NOA IT£~" ~. AUG 0 20e ; EXECUTIVE SUMMARY RECOMMEND THAT THE BOARD OF COUNTY COMMISSIONERS DESIGNATE THE SHERIFF AS THE OFFICIAL APPLICANT FOR THE UNITED STATES DEPARTMENT OF JUSTICE, BUREAU OF JUSTICE ASSISTANCE, LOCAL LAW ENFORCEMENT BLOCK GRA/TT PROGRAM, ACCEPT THE GRANT WHEN AWARDED AND APPROVE APPLICABLE BUDGET AMENDMENTS. OBJECTIVE: To seek approval from the Collier County Commission to designate the Sheriff as the official applicant for the United States Department of Justice 2000 Local Law Enforcement Block Grant Program funds, accept the grant when awarded and upon an award approve applicable budget amendments. CONSIDERATION: The Collier County Sheriff's Office has participated in anti-crime grant programs for twelve years. This fifth year program is for the implementation of the Local Law Enforcement Block Grants Program for Fiscal Year 2000, to be administered by the United States Department of Justice, Bureau of Justice Assistance. o The purpose of the Local Law Enforcement Block Grants Program is to provide funds to underwrite projects to reduce crime and improve public safety. 4 o The United States Department of Justice has appropriated $269,574 to Collier County to be used for purposes of the Local Law Enforcement Block Grants Program. o The Sheriff's Office application will request $269,574 to procure currently unfunded technical equipment. Law enforcement equipment directly related to basic law enforcement functions is an authorized program purpose. 6 o The Bureau of Justice Assistance has implemented an Internet-based system to support the Local Law Enforcement Block Grants Program application for Fiscal Year 2000. 7 o Fiscal year 2000 Local Law Enforcement Block Grant Program applications must be'completed on line. 8 o The formal designee of the eligible jurisdiction is allowed to apply for funding. In order to streamline procedures to save Board of County Commission time and to reduce paperwork and personnel time in processing executive summaries, an all inclusive request is being made for grant application/award procedures. 10. Board approval is needed for: designation of the Sheriff as the official applicant for the fiscal year 2000 Local Law Enforcement Block Grant Program funds; Board Chairman Timothy J. Constantine or in his absence, County Manager Thomas W. Olliff, to respond to the Bureau of Justice Assistance's on line request to confirm the Sheriff as the official applicant; acceptance of the grant when awarded; and approval upon an award of applicable budget amendments. j A~ENDA FISCAL IMPACT; Ten (10%) percent ($29,957) local matching funds from Fund 602 (2000/01 Confiscated Trust Fund reserves 602-919010-991000). GROWTH MANAGEMENT: No recurring costs for subsequent years. RECOMMENDATION: That the Collier County Commission agrees to designate the Sheriff as the official applicant for the United States Department of Justice, Bureau of Justice Assistance, fiscal year 2000 Local Law Enforcement Block Grant Program funds, that the County's Chief Executive Officer respond to the Bureau of Justice Assistance's on line request to confirm the Sheriff as the official applicant, accept the grant when awarded, and upon an award approve applicable budget amendments. PREPARED BY: APPROVED BY: DATE: Don H~n~er, eriff July 5, 2000 ~ A:XS.115 AGENDA ITEM No. ~(~' ~ _ AUG o 1 2000 EXECUTIVE SUMMARY REQUEST BOARD AUTHORIZATION AND EXPENDITURE OF BUDGETED 301 FUNDS FOR THE PURCHASE OF A TELEPHONE SYSTEM FOR THE SHERIFF'S OFFICE TRAININGFACILITY AT THE JAMES LORENZO WALKER VOCATIONAL TECHNICAL CENTER. OBJECTIVE: To obtain Board authorization for the purchase of a replacement telephone system for the Sheriff's Office Training Facility at the James Lorenzo Walker Vocational Technical Center. CONSIDERATIONS: The current telephone system in the Training Facility is at least fifteen years old and has become an ongoing problem of maintenance and repair due to the age of the technology. Support for this aged equipment will be discontinued by Avaya Communications (formerly Lucent Technology). The proposed system purchase from Avaya Communications will provide currently available capabilities and includes maintenance support. Purchase of a system from Avaya Communications is requested in order to remain compatible with the Sheriff's Office Building "J" telephone system. FISCAL IMPACT: The cost of the proposed system is $13,325.00. Funds are budgeted and available in 301-611010-764210-01006. GROWTH IMPACT: None. RECOMMENDATION: That the Board of County Commissioners authorize the purchase of a telephone system from Avaya Communications in the amount of $13,325.00 from Fund 301. REQUESTED bY:~~;~ ~. ~ ~ William J. ~ulty, Cot'nm.~l~dications Equipment Mgr. '"i '/' .~.._C'ry_sta~. Kinzel, FJn~'ce DirectO..i~ ..v AIJ' 0 1 Pg,~ EXECUTIVE SUMMARY REQUEST BOARD AUTHORIZATION AND EXPENDITURE OF BUDGETED 301 FUNDS FOR THE PURCHASE OF TELECOMMUNICATIONS EQUIPMENT TO INTEGRATE BUILDINGS "J", "J-l", AND REMOTE LOCATIONS. OBJECTIVE: To obtain Board authorization for the purchase of telecommunications equipment from Fund 301. CONSIDERATIONS: The current telephone system in Building "J" has reached its maximum capacity. In order to support the integration of Building "J-l" telephones and the remote Homeshoe Drive locations, the current Building "J" teleph6ne system requires and upgrade. The current telephone system provider is Avaya Communications (formerly Lucent Technology). An upgrade of the current system is the most cost-effective option to accommodate system growth. FISCAL IMPACT: The cost of the proposed upgrade is $151,303.00. Funds are budgeted and available in 301-611010-764210-01006. GROWTH IMPACT: None. RECOMMENDATION: That the Board of County Commissioners authorize the purchase of telecommunications equipment in the amount of $151,303.00 from Avaya Communications to upgrade the current Building "J" telephone system. REQUESTED BY:~"Y~.~2_/.//, :;~'~~ William ~i./M~c/Nulty, Com~nications Equipment agr. C~a~ K. K~n~el, Fi tance Di~tor REVIEWED BY:~ DOn Hunt~~ff DATE: July 14, 2000 A :MSWORD~extelENEW. S YS~dv AGEND~I[EM AUG 0 1 2000 EXECUTIVE SUMMARY PRECINCT BOUNDARY ADJUSTMENTS OBJECTIVE: To adopt a Resolution amending the legal descriptions in those precincts recom- mended by the Supervisor of Elections. CONSIDERATIONS: §101.001, Florida Statutes, provides that the Supervisor of Elections makes recommendations to the Board of County Commissioners for their concurrence and adoption when precinct boundaries need adjustments. This section also provides that both a written description and maps must accompany the changes when they are forwarded to the Secretary of State. The changes must be forwarded to the Secretary of State within ten days of the approved changes. The voter count in each precinct change as new housing facilities become available. Certain precincts within the county have had very significant growth - precinct 552 exceeded 3,000 registered voters with an extremely large concentration of elderly voters. The Supervisor of Elections recommends that precinct 552 be split into precincts 552 and 555 to reduce the size of affected precinct and to reduce the number of voters within the precinct. The Supervisor of Elections will make the appropriate submission to the Department of Justice for the changes to precinct boundaries and polling sites. FISCAL IMPACT: The cost of notifying about voters by way of new voter registration identifica- tion cards is approximately $500. RECOMMENDATIONS: That the Board of County Commissioners approve the changes by adopting the resolution and directing the board's staff to prepare adjustments to the precinct maps as required by the statutes. F:U=RECLINE~ORRESPNU30E. XSNY.QW Friday, July 2t, 2000 Supervisor of Elections AGENDA ITEM\ Pg. J RESOLUTION 2000- RESOLUTION PURSUANT TO §101.001, FLORIDA STATUTES, CHANGING BOUNDARIES OF PRECINCTS WITHIN COLLIER COUNTY BY DIVIDING PRECINCT 552 INTO 552 AND 555, AND PROVIDING AN EFFECTIVE DATE WHEREAS, Chapter 101.001, Florida Statutes, authorizes the Board of County Commissioners, upon the recommendation of the Supervisor of Elections, to alter the boundaries of election precincts within the county; and WHEREAS, such the Supewisor of Elections herewith makes the recommendation to alter specific precinct boundaries to alleviate the pressures of growth and to reduce the number of voters within a precinct with an unusually large number of elderly voters; and WHEREAS, Chapter 101.001, Florida Statutes, directs an accurate description of any altered precinct boundary be made and maps reflecting such changes be filed with the Flodda Secretary of State; and WHEREAS, certain county precincts have experienced considerable growth resulting from increased dwelling unit construction; THEREFORE, BE IT NOW RESOLVED by the Board of County Commissioners that precinct 552 boundary adjustments recommended by the Supervisor of Elections be approved to divide the precinct into precincts 552 and 555 as shown on the attached legal descriptions. BE IT FURTHER RESOLVED that the legal descriptions of the above precincts are fully described within Exhibit A attached hereto as a part of this Resolution. DONE AND ORDERED this day of August 1, 2000, while convened in Regular Session. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Timothy J. Constantine, Chairman Approved as to form and legal sufficiency: ;~ 'd C'We'g , County Attorney A G ~N/D A~I T/E ~ k Pg. PRECINCT 552 Collier County, Florida Beginning at the intersection of centerlines of U.S. 41 and Wiggins Pass Road; thence south along the U.S. 41 centerline to its intersection with the centerline of the Cocohatchee River; thence west, northwest, north northwest in a meandering line along the centerline of the Cocohatchee River to its intersection with the centerline of C.R. 901 (Vanderbilt Drive, 3rd bridge on C.R. 901 as you go north on C.R. 901 from 111th Avenue, N.); thence north along the centerline of C.R. 901 (Vanderbilt Drive) to its intersection with the southernmost boundary of Audubon Subdivision lying east of C.R. 901; thence east along the southernmost boundary of Audubon Subdivision to its intersection with the centerline of U.S. 41; thence south along the centerline of U.S. 41 to its intersection with the centerline of Wiggins Pass Road, the point of beginning. Adopted by Resolution 82-75 on June 18, 1982. Resolution 86-240 split into 102 and 129 on December 16, 1986. Adopted by Resolution 91-778 on November 12, 1991. Adopted by Resolution 92-337 on June 16, 1992 - formerly 102. Adopted by Resolution 2000- on split precinct 552 into 552 and 555. F:~:~REC LINE'~.000~OREC552.QW AGEN D~..I'I;E~I~I,, No, !~ .K-',,( W~ 01 2000 PRECINCT 555 Collier County, Florida Beginning at the intersection of the Collier-Lee County line and the centerline of old U.S. 41 (business U.S. 41); thence south along the "old" U.S. 41 centerline to its intersection with the centerline of U.S. 41; continue north along U.S. 41 to its intersection with the southernmost boundary of the platted Audubon Subdivision; thence west along said southernmost Audubon Subdivision boundary to its intersection with the centerline of C.R. 901 (Vanderbilt Drive); thence south along the centerline of C.R. 901 (Vanderbilt Drive) to its intersection with the 3rd bridge on C.R. 901 as you go north on C.R. 901 from 111th Avenue, N.; thence west along the Cocohatchee River to VViggins Pass; thence north along the waterway which runs from Wiggins Pass east of Barefoot Beach Preserve to its intersec- tion with the north line of Section 8, Township 48S, Range 25E; thence east along the north line of Section 8, 9, and 10, Township 48S, Range 25E (the Collier-Lee County boundary) to the point of beginning. Adopted by Resolution 82-75 on June 18, 1982. Resolution 86-240 split into 102 and 129 on December 16, 1986. Adopted by Resolution 91-778 on November 12, 1991. Adopted by Resolution 92-337 on June 16, 1992 - formerly 102. Adopted by Resolution 2000- on -formeriy part of 552. F:~PRECLINE~.000~PREC555.QW AGENDA ITEM A'J 0 ! VA!q AUG 0 1 2000 5 55 21 I1 VICTORIA PARK tl 36 EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE THE FINAL JUDGMENT RELATIVE TO THE EASEMENT ACQUISITION ON PARCEL NO. 131 IN THE LAWSUIT ENTITLED COLLIER COUNTY V. R.A.K. DEVELOPMENT COMPANY, INC., ET AL., CASE NO. 92-2791-CA-01-HDH (WIDENING OF IMMOKALEE ROAD ). OBJECTIVE: That the Board of County Commissioners approve the Final Judgment as full and final compensation to be paid for the acquisition of the easement on Parcel No. 131 for the Immokalee Road Project in the lawsuit entitled Collier County v. R.A.K. Development Company, Inc., et al., Case No. 92-2791-CA-01-HDH. CONSIDERATIONS: On May 5, 1993, an Order of Taking was entered in Collier County Circuit Court. regarding the acquisition of this easement for the roadway improvements to Immokalee Road (Project No. 66042). On May 5, 1993, Collier County deposited with the Registry of the Court the sum of Forty-Two Thousand Eight Hundred Dollars ($42,800.00) for Parcel No. 131 in accordance with the Order of Taking. Through negotiations, the parties have reached a settlement agreement whereby the property owners, R.A.K. Development Company, Inc. and Shop & Go, Inc., will be fully and fairly compensated for the property interests taken for the public purposes enumerated in the resolution of condemnation (Resolution No. 92-229). The terms of the settlement agreement are set out in the Final Judgment (attached as Exhibit "A"). The Final Judgment provides for Fifty Thousand One Hundred Dollars ($50,100.00) to be paid to the Respondents as full compensation for the property rights taken as to Parcel No. 131. To comply with the terms of the Final Judgment, Seven Thousand Three Hundred Dollars ($7,300.00) must be added to the Registry. Staff has reviewed the County's obligations stated in the Final Judgment and consider them to be reasonable. FISCAL IMPACT: Cost: $7,300.00; to be obligated in the budget for FY 99/00. Fund: 331 - Road Impact Fees District 1 Cost: Center: 163650- Road Impact Construction Project Number: (66042) Immokalee Road GROWTH MANAGEMENT IMPACT: Consistent with Growth Managemen 1 AGENDA ITEM NO. _j.~_(].t..' AUG o 1 2000 I Pll. L RECOMMENDATION: 1. 2. 3. That the Board of County Commissioners: Approve the Final Judgment; Approve the expenditure of the funds as stated; and Direct staff to deposit an additional $7,300.00 into the Registry of the Court. SUBMITTED BY: .&~4 ~It ~q'--"~ Date: Heidi F. Ashton Assistant County Attorney REVIEWED BY: REVIEWED BY: Richard Hellriegel, Prc;ject ~ana~er Transportation Engineering Dept. Mike McNees, Interim Transportation Administrator Date: Date: APPROVED BY: David C. Weige'~ County Attorney Date: 2 AOF. NDA n'F3~ x 0 1 2000 7021 ; 6- 2-00 ;1!'09AM ; JOE FIXEL~ 19417740225;# 8 IN THE CIRCUIT COURT OF THE 20TH ~jDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION CASE NO.: 92-2791-CA-01-HDH CQLLIER COUNTY, a political s.ubdivision of the State of Florida, Plaintiff, rs. PARCEL 131 R.A.K. DEVELOPMENT COMPANY, iNC., et a~., Defendants. / FINAL $TjD GME N T THIS CAUSE having come before the Cour~ on July 5, 2000, upon the rotion made by Defendant, SHOP & GO, INC., for entry of Fin ' Judgment as to Parcel No. 13%, and the Court finding that the compensa:ion Co be pa~i by Plaintiff is tha full compensation due the Defendants, R.A.K. DEVELOPMENT COMPANY, INC. and SHOP & GO, INC., and the Court beinq otherwise fully advised in the premises thereof, it is thereupon ORDERED AND ADJUDGED that Defendants, R.A.K. DEVELOPMENT COMPANY, INC. and SHOP & GO, INC., have and recover from Plaintiff, COLLIER COUNTY, FLORIDA, the sum of Fifty Thousand One Hundred Dollars ($50,100.00) for Parcel No. 131, as full payment for the property interests taken and for damages resulting to the remainder, if less than the entire property was taken, business AOENDA ITEM AUG 0 l 2000 BY:Xerox TelecoDier 702~ ; 6- 2-00 ;11:10AM ; JOE FIXEL* 19417740225;# 9 damages, and for all other damages in connection with said parcel. Accordingly, the total settlement sum of Fifty Thousand One Hundred Dollars ($50,100.00) shall be paid to Defendant, SHOP & GO, INC., pursuant-to the document entitled "Amendment to Leaseback Lease" dsted August 20, 1990; it is further ORDERED that Plaintiff, COLLIER COUNTY, FLORIDA, shall deposit an additional Seven Thousand Three Hundred Dollars ($7,300.00), subject to the approval of the Board of County Com/nissioners, into the registry of this Court within 30 days of the date of this Final Judgment (this sum represents the difference between the amount awarded in this Judgment ($50,100.00) and the Plaintiff's good faith deposit ($42,800.00)); and it is further ORDERED that the Clerk of this Court shall disburse the sum of Seven Thousand Three Hundred Dollars ($7,300.00) to the trus[ account of BRIGHAM, MOORE, GAYLORD, SCHUSTER, MERLIN & TOBIN, LLP, and forward said amount c/o Lilie Lundberg Landon, Esq., 203 Southwest 13~-~ Street, Miami, Florida, 33i30-4219. This distribution of funds as well as prior distributions in this case shall be deemed a final apportionment of funds between the parties; it is further ORDERED that the Defendant's attorney, Lille Lundberg Landon, Esq , is to distribute ~e sur. r~c-aiv-~ ~ .... ~ ~l~,, ~ ~"-t to the Defendant, SHOP & GO, INC; and it is further ORDERED that title to Parcel No. 131, Road Right-of-Way, 2 AC DA . AU6 o 1 2000 SENT BY:Xerox TelecoDier 7021 ; 8- 2-00 ;11:10AM ; JOE FIXEL~ 19417740225;~0 Utility, Drainaqe and Maintenance EasemenT, as being fully described in Exhibit "A" attached here5o and incorporated herein, which vested in P.laintiff pursuant to Lhe Stipulate~ Order of Taking dated May 5, 1993, and the deposit of money heretofore made, i~ approved, ratified and confirmed; and it is further ORDERED 5hat the Court hereby reserves jurisdicEion to tax reascnable attorney's fees and costs of the proceedings, pursuant to Section 73.091, Florida Statutes, and to enter all other Orders as necessary. DONE AND ORDERED in Cha,~be!s at Naples, Collier County, Florida, this day of , 2000. Copies Furnished To: All Parties on Attached Mailing List CIRCUIT COURT JUDGE NO ..... AUG 01 2000 o=m~ o~.~er'ex ~ecoozer '~UZl ; ~- Z-UO ;ll:10A~ ; JOE FIXEL~ 19417740225;~qI MAILING LEST COLLIER COI/NTy v, R.A.K. DEVELOPMENT COMP--.., INC., ET A.L. CA~E N.O,: 92-2791-CA-01-~DH Joe W. Fixel, Esq. Attorney for COLLIER COUNTY Fixel & Maguire 211 South Gadsden Street Tallahassee, Florida 32301 James M. Spoonhour, Esq. Shawn G. Rader, Esq. Attorney for R.A.K. DEVELOPMENT COMPANY, INC. Lowhales, Drosdick, Doster, Kantor & Reed, P.A. 21S North Eola Drive Orlando, Florida 32801 J. Webster Hull, President Metro North State Bank P.O. Box 28008 8320 North Oak Kansas city, Missouri 64155 Robert E. Stone, Esq. Attorney for FLORIDA POWER & LIGHT COMPANY P.O. Box 29100 Miami, Florida 33102 Thomas R. Bolf, Esq. Attorney for MARVIN R. MEIT, Individually and as Successor Trustee Ruden, Barnett, et al. P.O. Box 1900 Fort Lauderdale, Florida 33302 The Citizens and Southern National Bank of Florida, k/n/a NationsBanc Mortgage Corp. P.O. Box 1659 Naples, Florida 33939 Guy Carlton, Tax Collector Collier County Courthouse Building C-1 3301 East Tamiami Trail Naples, Florida 33962 Lille Lundberg Landon, Esq. Attorney for Defendnat, SHOP & GO, INC. Brigham, Moore, Gaylord, Schuster Merlin & Tobin, LLP ~-' 203 Southwest 13=h Street Miami, Florida 33130-4219 AGENDA ~ AU6 0 1 2000 7021 ; 6- 2-00 ;11:11A~ ; JOE FIXEL~ 19~17740225;~2 EXHIBIT "A" -{o~e, Mo~[as & As_~ocia[e$, inc. {ngb-~e~s I P~anne~s /Sum, eyors PROJECT TAX. PARCE~ LEGA~ DESCRIPTION (REVISED) A PORTION OF TRACT "A" OF FOUR SEASONS ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK I0 AT PAGES 95 THROUGH 97 OF THE PUBLIC RECORDS OF_ COLLIER COUNTY, FLORIDA; BEING ~ORE PARTICULARLY DESCRIBEO AS FOLLOWS: BEG~N AT THE NORTh'WEST COP~NER OF TRACT "A" OF FOUR SEASONS ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 10 AT PAGES 95 THROUGH 97 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THE SAME BEING A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF I~fMOKALEE ROAD (S-R. RIGHT-OF-WAY; THENCE RUN N. 89"55'52' E- ALONG THE NORTH LINE' OF SAID TP-ACT "A" A~WD ALONG SAID RIGHT-OF-WAY LINE FOR A ~ISTANCE OF 282-43 FEET TO A POINT ON THE FAST LINE OF SAID TRACT "A"; THENCE RUN S. 01"01 '16" E.' ALONG THE EAST LINE OF SAI.D TRACT "A" FOR A DISTANCE OF 17.00 FEET; THENCE RUN S. 89 "55 ' 52" %7. FOR A DISTANCE OF 256 - 04 FEET; THENCE RUN S- 44"55'52" W- FOR A DISTA~NCE OF 36.78 FEET TO A POINT ON THE WEST LINE OF SAID T.~%CT "A", TH'E SAME BEING A POINT ON THE Ea. STERL¥ ~IGHT-OF-WAY LINE OF WINTER.VIEW DRIVE; THENCE RUN N..00"57'10" W. ALONG THE WEST LINE OF SAID TR3%CT "A" AND ALONG SAID RIGHT-OF-WAY LINE FOR A DISTANCE OF 43. 01 FEET TO T~E POINT OF ~EGSNNING, CONTAINING '0.118 ACRE, [4ORE OR LESS- - SUBJECT TO' EASEMENTS, RESERVATIONS_ OR RESTRICTIONS OF RECORD. BEARINGS REFER TO AN ASSL~:ED BEARING OF ~. 89"55'52" E. ALONG THE ~ORTH LINE OF THE NORTHNEST 1/4 OF SECTIqN 25, TOWNSHIP 4S SOUTH, R3%NGE 25 EAST, COLLIER COUNTY, FLORIDA- - AC~.NDA HOLE, }£ONTES & ASSOCIATES, INC- AUG 01 2000 Pc. "7 5~NI ~¥:xerox ~eleco~ier 7021 ; 6- 2-00 ;11:11AM ; JOE FIXEL- 194t?740225;#13 AC~F. NDA ITEM AU$ 0 1 2000 P~.. ~ EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE THE STIPULATED FINAL JUDGMENT RELATIVE TO THE EASEMENT ACQUISITION ON PARCEL NO. 105 IN THE LAWSUIT ENTITLED COLLIER COUNTY v. RADIO ROAD JOINT VENTURE, et aL, Case No. 98-1396-CA (Livingston Road Extension - Golden Gate Boulevard to Radio Road) Project. ~ 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. 105 for the Livingston Road Extension (Golden Gate Boulevard to Radio Road) project in the lawsuit entitled Collier County v. Radio Road Joint Venture, et al., Case No. 98-1396-CA. CONSIDERATIONS: On July 23, 1998, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of easements for the Livingston Road Extension (Golden Gate Boulevard to Radio Road) project (Project No. 60061). On August 12, 1998, Collier County deposited with the Registry of the Court the sum of Eight Thousand Eight Hundred Dollars and NO/100 ($8,800.00) for Parcel No. 105 in accordance with the Order of Taking. Through negotiations, the parties have reached a settlement agreement whereby the property owner, Radio Road Joint Venture, will be fully and fairly compensated for the property interests taken for the public purposes enumerated in the resolutions 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 Eleven Thousand Dollars ($11,000.00) to be paid to the Respondent as full compensation for the property rights taken as to Parcel No. 105. The Stipulated Final Judgment provides that Collier County shall deposit the additional amount of Two Thousand Nine Hundred Twenty-six Dollars ($2,926.00) 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. FISCAL IMPACT: Cost: $2,926.00; Fund: 313 - Road Construction Gas Tax Cost Center: 163673 - Surplus Gas Tax Road Construction Project Number: 60061 - Radio Road Extension - Golden Gate Boulevard to ~ 1 AUG O l 2000 1 GROWTH MANAGEMENT IMPACT: Consistent with the Collier County Growth Management Plan for CIE Project No. 53. 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 $2,926.00 into the Registry of the Court. Heidi F' Ashton REVIEWED BY: REVIEWED BY: /l[//~./L__.._ Date: Assistant County Attorney Date: Mitch Momtaz, l~rbject Manager / ) Transportation Engineering Dept. ~_/ Mike McNees, Interim Transportation Administrator APPROVED BY: David C. Weigel County Attorney Date: h:GB\ExSum2000\RadioRdJtVenture-FSJ Parcel 105 2 AUG O 1 2000 _ IN THE CIRCUIT COURT OF TIlE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, VS. RADIO ROAD JOINT VENTURE, a Florida corporation et al., Respondents. CASE NO.: PARCEL: 105 98-1396-CA STIPULATED FINAL JUDGMENT THIS CAUSE having come before the Court upon Joint Motion made by Petitioner, and Respondent, CCPP, INC., for entry of a Stipulated Final Judgment as to Parcel 105, and it appearing to the Court that the parties are authorized to make such Motion, the Court finding that the compensation to be paid by Petitioner is the full compensation due the Respondent, CCPP, INC., and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED AND ADJUDGED that the Respondent, CCPP, INC., have and recover fi'om the Petitioner, COLLIER COUNTY, FLORIDA, the sum of Eleven Thousand and No/1'00 Dollars ($11,000.00) for the road right-of-way, sidewalk, utility, drainage and maintenance easement designated as Parcel 105, as full payment for the property interests taken and for AUG 0! 2000 damages resulting to the remainder, if less than the entire property was taken, and for all other damages in connection with said parcel; it is further ORDERED that Respondent, CCPP, INC., receive from Petitioner a reasonable attorney fee in the sum of Seven Hundred Twenty Six Dollars ($726.00). No other attorney's fees or costs shall be awarded in connection with the above styled cause of .action as it relates to Parcel 105; and it is further ORDERED that the Petitioner, COLLIER COUNTY, FLORIDA, shall deposit an additional Two Thousand Nine Hundred Twenty-Six Dollars ($2,926.00), subject to the approval of the Board of County Commissioners, into the registry of this Court within 30 days f~om the date of the Stipulated Final Judgment; and it is further ORDERED that the Clerk of this Court shall immediately disburse, without further order of this Court, the sum of Eleven Thousand Dollars ($11,000.00), less any amounts previous paid, to CCPP, INC., c/o John Wanklyn, President, 1100 Fifth Avenue South, Suite 201, Naples, Florida 34102; and it is ftu~er ORDERED that the Clerk of this Court shall immediately disburse without further order of this Court the sum of Seven Hundred Twenty Six Dollars ($726.00) to Quarles & Brady, Attention: Timothy Hairks, Esq., 4501 Tamiami Trail North, Suite 300, Naples, Florida 34103; and it is further ORDERED that title to Parcel 105, road right-of-way, sidewalk, utility, drainage and maintenance easement, as being fully described in Composite Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner pursuant to the Order of Taking dated July 23, 2 AGENDA rWaM, \ AUG 0 1 20O0 1998 and the deposit of money heretofore made, is approved, ratified and confirmed; and it is ~er ORDERED, that this Stipulated Final Judgment is to be recorded in the Official Records of Collier County, Florida. DONE AND ORDERED in Chambers at Naples, Collier County, .Florida, this day of ,2000. Conformed copies: CCPP, Inc. Joe W. Fixel, Esq. Heidi F. Ashton, Esq. Timothy Hains, Esq. Collier County Tax Collector Bookkeeping Circuit Court Judge JOINT MOTION FOR STIPULATED FINAL JUDGMENT Petitioner and Respondent, CCPP, INC., hereby stipulate to the foregoing Stipulated Final Judgment as to Parcel 105. By: CCPP, INC., a Delaware corporation ~pl~p,~i~a~.. ~m, Presidentf 1100 Fifth Avenue South, Suite 201 Napes, Florida 34102 I-r'eidi Ashton, Esq. Florida Bar g0966770 OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 Telephone: (941) 774-8400 Facsimile: (941)774-0225 AGENDA AUG 01 2000 5 and Joe W. Fixel, Esq. Florida Bar 00192026 FIXEL & MAGUIRE 211 South Gadsden Street Tallahassee, Florida 32301 Telephone: (850) 681-1800 Attorneys for Petitioner h:Lit~EmDomainVl~adioRdJointVentur~Par~l 105-S tipFinaUudg 4 8 B 1' OFFICE OF CAPITAL PROJECTS EAST TAMIAMI TRAIL NAPLES, FLORIDA (941) 77,1.-8192 34112 PROJECT NO. PROJECT PARCEL NO. TAX PARCEL NO,! ~ooGI 105 ~qnnl LEGAL DESCRIPTION (..NOT A SURVEY) road right-of-way~, sidewalk, utility, drainage & maintenance easement LEGAL DESCRIPTION Parcel 105 A portion orLot 28 of the Plat thereof Collier County Production Park Phase 1-B as recorded in Hal Book 15, Pages 7 and 8 oflbc Public Records orCollier County, and being more particularly described as follows; BEGIN at the Southeast Corner of said Lot 28, said Point of Beginning lying on the point of Intersection oflhe We'st Righi of Way line of Livingston Road and the North Right of, Way linc at Market Avenue, licence along said North Right of Way line of Market Avenue S 89© 20' 33" W 50.00 feet; (lienee leaving said-North Right of Way line N 38° 34' 21" E 64.54; thence N 00° I6' $?" E '70.00 feet; litenee N 89° 20' 33" 13 10.0 feet to said West Right of Way line of'Livingston Road; thence along said west Right o~ Way line S 00° 16' .57" W 120.00 feet lB the POINT OF BEOINNrNO. Containing 2200 square feet more or less. Basis or Bearings is tile west Right of Way line of Livlngston Road being S O0~ 16' 57" W. Sheet I of 2, f OFFICE OF' CAPITAL PROJECTS COLLIER COUNTY COV.ERNIdENT COMPLEX AOENDA II:EM. NO. AUS o 12000 8 OFFICE 0t~ CAPITAL PI~OJECT$ 3,:301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34.112 (9,'1.1) 774.-8192 SKETCH OF DESCRIPTION S.89'20'33"W, 174,58' Curve number 1 MARKET AVENUE Radius = `05,00' 60' R/W A ~,89'02,5,o' "" Arc = 35,06' PARCEL NO. 105 GENERAL NDTES 1) P,O,C. Indlc:~*es Point oF Commencemen~ '2) P,O.B. Indicates Poln~ oF ae91nnln9 3) Sec. Indicates Section 4) Twp. Indicates Township 5) Rge, Indicates R~nge 6) R/~ Indict*es Rlgh~-oF-w~y 73 Art distances ~re In ?ee~ ~nd decliners ~he~eo¢ B) B~sls oF Berating Is ~he Ves'~ Righ~ o? ~y Une oF Livingston Ro~d being S,00'~6'57'~, ~) No~ v~tld untess signed ~nd seated wl~h ~he se~t o? ~he proFessloner t~nd surveyor THIS IS ONLY A SKETCH AGENDA I'T1EM -- A.U¢ oi 2000 EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE THE STIPULATED FINAL JUDGMENT RELATIVE TO THE EASEMENT ACQUISITION ON PARCEL NOS. 103, 104-OT, 107, 122, 822, 908, 913, 918 and 922 IN THE LAWSUIT ENTITLED COLLIER COUNTY v. RADIO ROAD JOINT VENTURE, et al., Case No. 98-1396-CA (Livingston Road Extension -Golden Gate Boulevard to Radio Road) Project. OBJECTIVE: 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 Nos. 103, 104-OT, 107, 122, 822, 908, 913, 918 and 922 for the Livingston Road Extension (Golden Gate Boulevard to Radio Road) project in the lawsuit entitled Collier County v. Radio Road Joint Venture, et al., Case No. 98-1396-CA. CONSIDERATIONS: On July 23, 1998, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of easements for the Livingston Road Extension (Golden Gate Boulevard to Radio Road) project (Project No. 60061). On August 12, 1998, Collier County deposited with the Registry of the Court the sum of One Hundred Forty-eight Thousand One Hundred Dollars and NO/100 ($148,100.00) for Parcel Nos. 103, 104-OT, 107, 122, 822, 908, 913, 918 and 922 in accordance with the Order of Taking. Through negotiations, the parties have reached a settlement agreement whereby the property owner, Radio Road Joint Venture, will be fully and fairly compensated for the property interests taken for the public purposes enumerated in the resolutions 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 One Hundred Fifty Thousand Three Hundred Dollars ($150,300.00) to be paid to the Respondents as full compensation for the property rights taken as to Parcel Nos. 103, 104-OT, 107, 122, 822, 908, 913,918 and 922. The Stipulated Final Judgment provides that Collier County shall deposit the additional amount of Two Thousand Nine Hundred Twenty-six Dollars ($2,926.00) 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. FISCAL IMPACT: Cost: $2,926.00; Fund: 313 - Road Construction Gas Tax Cost Center: 163673 - Surplus Gas Tax Road Construction A~DA ITEM AUG O l 2000 pg. I Project Number: 60061 - Radio Road Extension - Golden Gate Boulevard to Radio Road 1 GROWTH MANAGEMENT IMPACT: Management Plan for CIE Project No. 53. Consistent with the Collier County Growth 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 $2,926.00 into the Registry of the Court. SUBMITTED BY: Heidi F. Ashton Assistant County Attorney REVIEWED BY: REVIEWED BY: Mitch Momtaz, Project Manage~x, Transportation Engineering D~pt? Mike McNees, Interim Transportation Administrator Date: / Date:L' ~ (~'~'Iv APPROVED BY: David C. Weigel County Attorney Date: h:GB\ExSum2000\RadioRdJtVenmre-FSJ Parcels 2 AGENDA ITEM NO. ~l~'- -~ AUG O1 2000 Pt. 3301 P^R~EL OFFICE OF CAPITAL PROJECTS EAST TAMIAMI TRAIL NAPLES, FLORIDA 5-'t-1 12 (94.1) 774-8192 SKETCH OF DESCRIPTION Project. tt 6006] Follo II 27155001908 .-~ N.89'20'33"E.200.00' ~ . 0 _oh'-- Z::) 5.89'20'33"W. 0 EL ]0' PARCEL ~08 AUG '01 20DO The Eos[ ten (10') feet'of.the Nor(h DO' feet of Lot 31 of ~ o ere Collier County Production Pork Phose l-B, os recorded In Plot Book 15, Peges 7 end 8 of the Public Records of Collier County, FIGfido. Contolning ~ squere feet more or le~s. Bosls of Beerings is the West 'Rlght of W~y of Livings[on Rood being N,OO'16'57"E, ...,,: .... ' . BICHMOND _ DAT~: '" ' PROFESSIONAL ~NO SURV~OR OFFICE OF..CAPITAL PROJECTS COLLIER COUN~ GOVERNMENT COMPLEX 3301 E TAMIAMI TRAIl. NA~LES~ FLORIDA 53962 Hundred Fifty Thousand Three Hundred and No/100 Dollars ($150,300.00) consisting of $65,650.00 for the road right-of-way, sidewalk, utility, drainage and maintenance easement designated as Parcel 103, consisting of $10,200.00 for the road right-of-way, sidewalk, utility, drainage and maintenance easement designated as Parcel 104-OT, consisting of $11,000.00 for the road right-of-way, sidewalk, utility, drainage and maintenance easement designated as Parcel 107, consisting of $5,000.00 for the road right-of-way, sidewalk, utility, drainage and maintenance easement designated as Parcel 122 and consisting of $16,000.00 for the drainage, and maintenance easement designated as Parcel 822, and $3,200.00 for the slope and utility easement designated as Parcel 908, and $20,800.00 for the slope and utility easement designated as Parcel 913, and $4,900.00 for the slope and utility easement designated as Parcel 918, and $13,550.00 for the slope and utility casement designated as Parcel 922, as full paymere for the property interests taken and for damages resulting to the remainder, if less than the entire property was taken, and for all other damages in connection with said parcel; it is further ORDERED that Respondent, RADIO ROAD JOINT VENTLYRE, receive from Petitioner a reasonable attorney fee in the amount of Seven Hundred Twenty-Six and No/100 Dollars ($726.00). No other attorneys fees or costs shall be awarded in connection with the above styled cause of action as it relates to the referenced Parcels; and it is further ORDERED that the Petitioner, COLLIER COUNTY, FLORIDA, shall deposit an additional Two Thousand Nine Hundred Twenty-Six Dollars and No/100 ($2,926.00), subject to the approval of the Board of County Commissioners, into the registry of this Court within 30 days from the date of the Stipulated Final Judgment; and it is further AUS O 1 2000 PROJECT NO. PROJECT PARCEL NO. ~ I FOLIO NO. SKET..CH & LEGAL DESCRIPTION (NOT A SURVEY) slope, utility & maintenance easement The East Ten (10) feet of Lot 38, Collier County Production Park Phase I-B, according to the plat thereof, as recorded in Plat Book 15, Pages 7 and 8, of the public records of Coltier County, Florida. LOT 38 SUBJECT (10') -- Exchange Avenua 3101 £. TAMIAMI TILAIL N.APLES, FL. OP.[DA 34112 SKETCH NOT TO SCALE N AGENDA KrEM ~ AL'S r'.:! 2900 ORDERED, that this Stipulation shall be null and void should the vacation of a portion of Exchange Avenue be denied; and it is further ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of Collier County, Florida. DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this day of ,2000. Circuit Court Judge Conformed copies to: Radio Road Joint Venture Citizens and Southern Trust Company (Florida) Florida Power & Light Collier County Production Park Property Owners Association, Inc. Collier County Tax Collector, c/o Vincent Murphy, Esq., The Murphy Law Firm Joe W. Fixel, Esq. Heidi Ashton, Esq. Timothy Hines, Esq. Bookkeeping JOINT MOTION FOR STIPULATED FINAL JUDGMENT Petitioner and 'Respondent, RADIO ROAD JOINT VENTURE, hereby stipuIate to the foregoing Stipulated Final Judgment as to Parcels 103, 104-OT, 107, 122, 833,908, 913, 918 and 922. Radio Road Joint Venture, a Florida General Partnership 4 Heidi Ashton, Esq. Florida Bar//0966770 OFFICE OF THE COUNTY ATTORNEY AU$ 01 2000 8 B 1 ~?~ 774-s SI<E'TCH OF DESCRIPTION 60' R/W ENTERPRISE AVENUE 34.60'--~ N.Sg'21'25"E. . '~ 60.0~,%..~ PARCEL 122 ,. T n~z o o ~- 10.00' GENERAL NDTE~ 1) P.O,C, 'Indicates Poln'l; oF ~) P,O,D, Indicates Poln~ oF Deglnnin9 3) 2ec, Indicates Section 4) Twp, Indicates Township 5) Rge, Indicates R~nge ~) R/~ Indicates Rlght-o~-.~y 7) Art distances ~re In Fee'~ ~nd decIraqis thereof B) ~sls oF De~rlngs I~ the ~est' RlQh'~ oF ~y tlne oF Livingston Ro~d being 9) No~ v~ild untess signed ~nd se~ied with the embossec se~t oF ~he proFesslon~[ I~nd surveyo~ THIS IS ONLY A: SI<ETCH OFFICE OF CA?J'TAL P9OJECTS EAST TAMIAMi TRAIL NAPLES, FLORIDA (9-1.1) 77-1.-8192 LE;GAI., DE$(~RIPTION ('NOT A SURVEY) 34-112 PROJECT NO, ~OO~, f PROJECT PARCEL NO. I 0'~ TAX PARCEL NO, 271 ~nnngn4 road right-of-way, sidewalk, utility, drainage & maintenance easement COM/v~NCING AT TIlE SOUTHEAST COIlN~R OF SECTION 36 TOV;NS].ITP 49 S, OUTI I RANGE 2.~ BAST COLLIER COUNTY, FLORIDA; THENCE NORTI.I 0 DEGREES 16 MINUTES .57 SECONDS EAST ALONG THE EAST LINE OF SAIl) S[:CTION 26, A DISTANCE OF 66.1'~ FEET TO THE POINT OF BEGINNING SAID POINT OF BEGINNING ALSO BEING THE SOUTI lEAST CORNER OF TRACT"A" OF THE PLAT TI IEREOF COLLIER COUNTY PRODUCTION PARK PHASE ]-A AS RECORDED IN PLAT BOOK 22 PAGES ~9 & 60 OF TI IE PUBLIC RECORDS OF COLLIER COUN'f~', FLORIDA AND THE EASY RIGHT OF WAY LINE OF LIVINGSTON ROAD; TIIENCE NORTH 81 DEGREES 18 MINUTES 54 SECONDS WEST, A DISTANCE OF .~0.53 FEET TO THE POINT OF CURVATI~RE OF A NON-TANGENT CURVE. CONCAVE TO TI.IE SOUTI I, IIAVING A RADIUS OF 14~76.7] FEET, A CENTRAL ANGLE OF 0 DEGREES 04 MINUTES 3~ SECONDS, AND A CI lORD OF 2D.04 FEET BEARING SOUTH 1~l{ DEGREES 33 MINUTES 09 SECONDS WEST; TI-IENCE WEST ALONG SAID CURVE, A DISTANCE OF 2(I.li4 FEET; THENCE NORTII 44 DEGREES 43 MINUTES 56 SECONDS EAST, A DISTANCE OF 71.40 FEET', THENCE NORTH 0 DEGREES 16 MINUTES 57 SECONDS EAST, A DISTANCE OF 514.01{ FEET; TI IENCE NORTI! 89 DEGREES 15 MINUTES 37 SECONDS EAST, A DISTANCE OF 2t),0O FEET; TI IENCE SOUTH O DEGREES 16 MINUTES $7 SECONDS .WEST ALONG AFORESAID EAST RIGHT OF WAY LINE OF LIVINGSTON ROAD A DISTANCE OF' 5')~.30 FEET TO THE POIN;F OF BEGINNING; ,SAID DESCRIBED TKACT CONTAINING tI,3{II ACRE (13,130 SQUARE FEET), MORE OR LESS. BASIS OF BEAPdNGS IS THE EAST LIN~ OF SAID SECTION 36 BEYNG SOUTH 00 DEGREES 16 MINUTES 57 SECONDS WEST. PARCEL 103 AU$ 01 2000 pg. .g".,,.', . F. t/2406 '.'"" ' N.F._ELCF nF. F'AmIT~I IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CML ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, VS. RADIO ROAD JOINT VENTURE, a Florida corporation et al., Respondents. CASE NO.: PARCELS: 98-1396-CA 103,104-OT, 107, 122, 822,908,913, 918,922 STIPULATED FINAL JUDGMENT THIS CAUSE having come before the Court upon Joint Motion made by Petitioner; and Respondent, RADIO ROAD JOINT VENTURE, for entry of a Stipulated Final Judgment as to Parcels 103,104-OT, 107, 122, 822, 908, 913,918 and 922, and it appearing to the Court that the parties are authorized to make such Motion, the Court finding that the compensation to be paid by Petitioner is the full compensation due the Respondent, RADIO ROAD JOINT VENTURE, conditioned upon the terms and provisions of this Final Judgment in its entirety, and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED AND ADJUDGED that the Respondent, RADIO ROAD JOINT VENTURE, have and recover from the Petitioner, COLLIER COUNTY, FLORIDA, the sum of One AOENDA ITEM AU$ 0 I 2000 5501 OFFICE OF CAPITAL PROJECTS (94-1) 77,1.-8192 PROJECT NO, . C¢ 0(~ ~ { PROJECT PARCEL NO. /~z:¢--O'T- TAX PARCEL NO, 771 s~nn~ snn LEGAL road DESCRIPTION (NOT A SURVEY) right-Gr.-way, sidewalk, utility, drainage & maintenance easemcnt BEGIN AT THE NORTHEAST CORNOR OF LOT :ZT, OF THE PLAT TI'IEItliOF, COLLIEN COUN'I-Y I'ItODUCTION PARK 1H IASE ILl, AS RECOItDSD IN PLAT BOOK 15, PAGF.$ 7 & ~ OIi THE PUBLIC IkECORDS OF COLLIEIt COUNTY, FLOPdDA, SAID POINT OF BEGINNING BrilLO TIlE I'01NT OF INTi51~SECTION OF ]'lie WEST KIEl'IT OF WAY LINE OF LIVINGSTON ROAD ANDTIIE SOUTI1 RIGlIT OF WAY LINE OF MAILKBT AVENUE; THENCE SOUTH 0 DEGIU~ES 16 MINUTES 57 SECONDS WEST ALONG SAID WEST IUGHT OF WAY LINE OF LIVINGSTON ROAD, A DISTANCE OF lt~.Y) FEET; THENCE SOUTH 1~9 BEGIriSES 15 MINUTES ;37 SECONDS WEST, A DISTANCE OF 10.0U, FEE'l'; TI'~NCE NORTH 0 DEGREE§ 16 MINUTES .57 SECOND8 EAST &LONG A LINE LYING 'FEN (1O') FEET WEST, AS MEASUILED PERPENDICULAR TO, SAID WES'? RIGlIT OF WAY LINE, A DISTANCE OF 151.;39 FEET; TI~F. NCE NOIU'li 4~ DEGIkBES 32. MINUTES 07 SF. CONDS WEST, A DISTANCE OF .52.20 FEET TO SAID SOUTH RIGHT OF WAY LINE OF MARKET AVENUE; THENCE NORTII 89 DEGREES 20 MINUTES 33 SECONDS EAST ALONG SAID 5OUTII RIGlIT Of WAY LINg, A DISTANCE OF 49.29 FEET TO THE I'01NT OF BEGINNING; SAID DESCRIBED TRACI' CONTAINING U.~59 ACI~ (2,551 SQUARE FEET), MOlt~ OR BASIS OF BEARINGS IS %l'[g WEST RIGHT OF WAY LINE OF LIVINGSTON ROAD BEING SOUTH O0 DEGREES 16 MINUTES .57 SECONDS ~VEST, PARCEL 1040T AC~r_NDA rrF. M..N AUG 01 2000 ORDERED that the Clerk of this Court shall immediately disburse without further order of this Court the sum of Seven Hundred Twenty-Six Dollars and 1No/100 ($726.00) to Quades & Brady, Attention: Timothy Hains, Esq., 4501 Tamiami Trail North, Suite 300, Naples, Florida 34103; and it is further ORDERED that apportionment and disbursement of the remaining funds deposited will be determined by this Court at a hearing to be set upon. motion; and it is further ORDERED that title to Parcel 103, road right-of-way, sidewalk, utility, drainage and maintenance easement; Parcel 104-OT, road right-of-way, sidewalk, utility, drainage and., maintenance easement; Parcel 107, road fight-of-way, sidewalk, utility, drainage and maintenance easement; Parcel 122, road right-of-way, sidewalk, utility, drainage and maintenance easement; and Parcel 822, drainage and maintenance easement; Parcel 908, slope and utility easement; Parcel 913, slope and utility and maintenance easement, Parcel 918, slope and utility easement; Parcel 922, slope and utihty easement, as being fully described in Composite Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner pursuant to the Order of Taking dated July 23, 1998 and the deposit of money heretofore made, is approved, ratified and confirmed; and it is further ORDERED, that this Stipulated Final Judgment is conditioned upon Respondent obtaining a vacation of Exchange Avenue from Production Boulevard to Livingston Road. In this regard, the Office of the County Attorney shall issue a letter of support for said vacation of a portion of Exchange Avenue and Respondent shall file an application for vacation no later than September 30, 2000; and it is further AUG 0 1 2000 OFFICE OF CAPITAL PROJECTS 3301 EAST TAtdlAIdI TRAIL NAPLES, FLORIDA 34.112 (94.~,) 774-8192 SKETCH OF .:DESCRIPTION Project 11 60061 N.89'20'33"£. '200.00' / LOT 31 Folio It 27155001908 t o. LOT 30 o o < ~ O Folio /~ 27155001801 ~ Fol{o tl 27155001704 s.89'2o'sU'w. 2o0.o0' A~OA ~M AUG 0 1 2000 The East ten (10') feet of Lots 29 and 30 and the East ten (10' feet of the South twent. y (20') feet of Lot 31, of the Plot thereof, 'Collier County Production Pork Phase l-B, as recorded in Plat. Book 15, Pages 7 and 8 of the Public Records of Collier County, Florida, Containing 2.ZIO square feet more or less. Basis of Bearings is the Wast Right of Way of Livingston Rood being N,OO'16'57"E. PROFESSIONAL LAND SURVEYOR //24-06 " OFFICE OF CAPITAL PROJECTS .. COLLIER COUNTY OOVERNMENT COMPLEX By: By: CCPP, Inc., a Delaware corporation, its General Partner which was previously known as Aerial Investment Company, a Delaware corporation Dated: Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112-4902 Telephone: (941) 774-8400 Facsimile:(941 )774-0225 and Joe W. Fixel, Esq. Florida Bar #0192026 FIXEL & MAGUIRE 211 South Gadsden Street Tallahassee, Florida 32301 Telephone: (850) 681-1800 Attorneys for Petitioner Dated: h: Li tXEmDomainXRadio RdJtVen t~StipFinalJudg-Radio RdJtVen ture 5 AGENDA ffEM AUG 0 1 2000 OFFICE OF CAPITAL PROJECTS 5301 EAST TAMtAMI TRAIL NAPLES, FLORIDA 34.112 (94-I). 774.-8192 SKETCH OF DESCRIPTION 60' R/W AVENUE 34.6o"-'% p FI C ENTERPRISE N.89'21'25"E. ,.~ 60.07 =============================== ¢-1 N. 45'10'49 'W, Curve number 1 PARCEL 122 Radius = 25,00' /% = 90o55,12. Arc = 39,67' T~ngent = 25.40' I S.S9'1g'49"W. li GENERAL NBTES I) P,B,C, Indlc::c~e$ Poln~ oF CommenceMen'l; P) P,O,B. Incfi¢cx~es Poln~ oF Deglnnlng 3) Sec, Indicate5 Sec¢lon 5) Rge, Indlc~tce$ R.~nge 5) R/W lndl¢~¢es 7) Art dlsCnnces are In Fee'l; and decimals ¢hereoP B) .1]asls oF I]e~rlngs Is ¢he Wes'~ Rlgh'~ oF W~y Une oF LivingsCon Roc~d being 9) No~ v~Hd untess signed (~nd se~ed wlCh ~lne embossed seGl o~ the proFessloner t~nd surveyor THIS IS ONLY A SK~CH AGENDA ITEM., AUS ~ 1 2000 8 B 1 OFFICE OF C2P~TAL PROJECTS 5,301 EAST TAMIAMI TRAILNAPLES, FLORIDA 34112 (94.1) 77¢-8192 SKETCH OF DESCRIPTION Curve number Radius = 14,876,70' /% = 00'04'36' ^re = 20.04' Chord = 20.04' Chord ZIr9. S.88'33'09'w, PARCEL 105 COLLIER COUNTY PRODUCTION PARK PHASE l-B, PB 15, PAGES 7 &: 8 LOT 25 LOT 26 LOT 27 COLLIER COUNTY PRODUCTION PARK iPHASE 3-A, PB 22, PAGES 59 &: 60 TRACT N.44'45'56"£. 71 .,to' RADIO ROAD':'(R/W VARIES) GENERAL NOTES 1) p.rl,c, lndlcag;es Point oF Commencement ~2) P,rl.B. Indicates Point oF' Beginning 3) Sec, Indicates Section 4) Twp. Indicates Township 5> Rge. indicates Ronge 6) R/~ ~ndlc~es 36 7> Art distances are In Feet and decimals finereaP 8) DosIs of bearings Is the East Line oF Section 36 being $,00'16'57%/. 9) Not vaLld unless signed and seoled,,x!J;b the embossed seGt oF the proFessloner l~nd surveyor THiS IS ONLY A'SK~CH ~-N.89'15'57"E, 20.00' Section 30 · m 0 go,- ui Z © Z /-- N. Bl'10'54-"W, 50.53' PDB. 66.15' 3; TWP, 495 TpWP. 50S AC, ENDA AU8 01 2000 pg. q 8 B 1 OFFICE OF CAPITAL PROJECTS .3301 EAST TAMIAMI TRAILNAPLES, FLORIDA 5<-112 (94,1) 774-8192 SI<ETCH OF DESCRIPTION 60' R/w ENTERPRISE AVENUE P,D,3,-~ /-P,FI,C, ' " 7 7 ' , 1/4 Corner ,,N.~9'2~2~ ~. ~ . ~'~ ~o,o~J/~.. ,~ ~.~ ~ 'k 4a.s2, / -_ % N.¢Sq 0'49 'W.~ ~ PARCEL 822 ~ PARCEL 1,22~ :~ 34,60' ~ 14.05' ~ ~:::::::: E:E '~ 0 ,:;~:::: :.:.:.:.:. s.~'~¢'4~"~; %~o.oo' GENERAL blOTES 1) P.O.C. indlC(z'tes Point oP COmmenCement; 8) P.O.B. Indlcc~'tes Poln't oF Deolnnin0 3) Sec, indic~tes Section 4) Twp, Indict'res Township 5) Roe, lndic~tes R~nge 6) R/~ indicates Right-oF-~cy 7) Art dls'tances 6re In Pee'~ and decimals 'thereof 8) BaSI~ oF Be~ings is '~he Wes'~ Rioh'~ oF Way fine oF Livings'ton Road being ~,00'16'57'W, - ..... 9) No't v6tld unless s10nocJ ~nd seated with ~he embossed sect oF 'the proFesslon6t t6nd ~,ur~eyoc 'AGENDA rrEM'.~ AU5 C 1 2000 THIS IS ONLY A SKETCH OFFICE OF CAPITAL PROJECTS ,3a01 EAST TAMiAMI TRAIL NAPLES, FLORIDA 34.112 (9,1.1) 77'1.-8192 SKETCH OF DESCRIPTION PARCEL 10~ MARKET AVENUE 60' R/W 175.87' N.48'52'O7"W,~,~ 52.20' COLLIER COUNTY PRODUCTION PARt( PHASE l-B, PB 15, PAGES 7 & 8 LOT 27 173.87' TRACT A COLLIER COUNTY PRODUCTION PARK PHASE 3-A, PB 22, PAGES 59 & 60 N~N.89'20'35"E. 49.29' //,~ East line Section 5C c) k~.__ S,~89.15'57"W. 10.00' GENERAL NOTES 1) P.O.C, Indicates Poln~ oF Commencenen~ 2) P,O,B, Indicates Poln~ oF 3eglnnlng 3) Sec. Indicates Section 4) Twp, ~ndlc~es Township 5) Roe, Indicates R~nge 6) R/W Indicates RIQht-oF-w~y 7) All dl~t~nce~ ~re In Fee't ~nd declm~ls 'thereof 8) ~1~ oF be~rlng~ I~ ~he ~es~ R/~ line oF Livingston Ro~d beln9 S.00'~6'57'~,,,, .... 9) No~ v~tld unless signed cnd'se'~led'with ~he enbossed semi oF ~he professional Icnd surveyor A~J~IDA AU$ o 1 2000 THIS IS ONLY A SKETCH 913 5301 OFFICE OF CAPITAL PI~OJECTS EAST TAMIAMI TRAIL NAPLES, FLORIDA 34-112 (94.1) 774.-8192 slope, Curve number P Radius = 25.00' z~ = 89'02'52' Arc = 35.06' SKETCH OF DESCRIPTION utility & maintenance PROJECT NO. easement PARCEL NO. EXCHANGE AVENUE 60' R/W s.8g'l 8'34"W. --1 LOT ,37 LOT .36 LOT 35 LOT ,34- LOT 33 175.41 - -10' -I i°. b z o o N,89'18'34"E,200.00' 60061 913 folio tt27155002509 folio t/27155002402 folio //271 55002305 folio /127155002208 folio 11271 550021 01 The East ten (10') feet of Lots 33 through 37, incluslve of tl, Collier County Production Pork Phase l-B, os recorded in Plot 7 end 8 of the Public Records of Collier County, Florida. AGENDA ~_ ~ 2000 Pg. t 8 Book 15, Pages Containing 5200 square feet more or less, Basis of Bearings is the West Right of Way of Livingston Rood being N,OO'lS'42"E. [5~.~;~GE R. :RICHrdOND DAT Pl~OFESSIONAL LAND SURVEYOR ~/2406 ' " OFFICE OF CAPITAL PROJECTS COLLIER COUNTY GOVERNMENT COMPLEX 3301, E. TAMIAMI TRAIl. NAPLES, FLORIDA 3396?. 5301 OFFICE OF cAPi' A£ ? OJECTS EAST TAMIAMI TRAILNAPLES, F,.OR,DA 77 .-8 92 34. i12 PROJECT NO. ~:)0~/ PROJECT PARCEL NO. TAX PARCEL NO. 00281880007 LEGAL DESCRIPTION (NOT A SURV~"Y) road right-of-way, sidewalk, utility, draina9e & maintenance easement LEGAL DESCRIPTION P'arccl 122 COMMENCE at tire East Quarter Corner of Sccdon 36, Township 49 Soudh Range 26 East Collier County, Florida, said POINT OF COMMENCEMENT Ming the Point o~ Inlcr~cclJon oflhc Wcsl Right otWay linc otLivingston Road and lh~ Soulh Right of Way linc of Enlcrprisc Avenue; Illcate mn along said West Right of Way linc S 00° 16' ST' W 60.00 Feet [o the POINT OF BEGI~G oFthc parcel oFfand hcrcinnRcv described; Ihcncc N 45° 10' 49" W 84.17 Feet to the Soudz Right oFWay linc oF Enlcrprisc Avenue; thence N 89° 21' 25" E 34.60 1o Point oFCu~aturc era cu~c to Ihc righi having n rndius oF 25.00 Feet, a central angle oF 90° 55' 12", n arc dislance oF 39.07 ~ccl and a chord which bears S 45° 10' 49" g to it poin~ eftaagency; nnd the West Right oFWaylincoFLivingslon Road; thence S 00~ 16' 5?" W 34.60 fcct to Ihc PO~T OF BEGIrtNO. Conlaining 1661 square feet more or less. Basis orBcarings is lite Wesl Right of Way linc of Livingston Road being $00~ I6' .5'7" W.' Siteel I of 2 8 St<E-T'CH 3301 OFFICE OF CAPITAL PROJECTS FAST TAIvlIAMI TRAILNAPLES, FLOR',DA 341 '~2 (94,1) 774.-8192 PROJECT PARCEL NO. TAX PARCEL NO,-O028~OOn007 OF LEOAL DESCRIPTION ('NOT A SURVEY) ,slope, utility & maintenance easement LEGAL DESCRIPTION Parcel 922 COMMENCE at the East Quarter Corner orScction 36, Township 49 Scud% Range 25 East Collier County, Florida, said POINT OF COMMENCF..M£NT being the POINT OF INTERSECTION o~ the West RiEhl oFWay line orLivingston Road and tile Soulh Right o£Way line ol'EntcrlJrisc Avenue; lhcncc run along said Wcst Riglit ot'Way linc S 00° 16' 57" W 60.00 Feet to the POINT OF BEGINNING ofthe parcel elland her6,~after described; thence continue S 00° 16' 57" W 445.95 Feet; thcncc S 89" 19' 49" W I0.00 Feet; thence N 00° 16' .57" E, 455.95 1%ct; thence S 45° 10' 49" E 1,1.03 fcct to the POINT OF BEGINNING. Containin8 4510 square feet more or less, Basis of Bcaring~ is the We~t right of Way line oFLivingston Road being S 00" 16' 57" W. Sheet 1 o¢2 AGENDA I'J'E/Yl. o 20o. o O.R'~E' R. R'ICHMON0 PROFESSIONAL LAND SURVEYOR /[2406 OFFICE OF' CAPITAL PROJECTS COLLIER COUNTY GOVERNMENT COMPLEX ,'%,501 g TAMIAMI TRAIl 3301 OFFICE OF CAPITAL PROJECTS EAST TAMIAMI TRA]L NAPLES, FLOR',DA (g4.1) 774.-8192 54-112 PROJF-CT NO. , ~ GO Cg l PROJECT PAROEL NO., ~-~ TAX PARCEL NO. SKETCH OF LEGAL DESCRIPTION (NOT A SURVEY) drainage, utility & maintenance easement LEGAL DESCRIPTION Parcel 822 COMMENCE at the East Quarter Corner o£Section 36, Township 49 Soud% Range 25 East Collier County, Florida, said POINT OF COMMENCEMENT being the POINT OF INTERSECTION of tim West Right of Way lin~. of Livingston Road and the South Right of Way linc ofgntcrprisc Avenue; thence run along said West Right o£Way line N 89° 21' 25" W 60.00 feet to the POIN'F OF BEGINNING of the parcel elland hereinafter dcscribed;lhcnccco,~tinueN 89° 21' 25" WJ47.72Fcct;thence S 0° 16' 57" W 15.00feet; thence S 89° 21' 25"E 363.06£cct; thcnceN45° 10' 49"W 21.52 feel. Lo the POINT OF BEGINNING. Containing 5331 square feet more or less. Basis of Bearings is the West right of Way line of Livingston Road being S 00" 16' 57" W. Sheet 1 of 2 pal~bobqgldcjulp. O§ln AGENDA No, .... i_f4LLL_X. _) ..< ,. ,:' !..: : GF~MRGE- R. RICHMOND'""' ;.':,.' ....... v. ,: ."~' PROFESSIONAL LAND SURVEYOR OFFICE OF CAPITAL PROJECTS. ,7. ,'. "': COLLIER COUNTY GOVERNMENT/COMPLEX ,'3.'~(31 F' TAMIAMI TI~AII MAPlIT. C: F. it~r~im^ '~.~'~",, EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE THE STIPULATED FINAL JUDGMENT RELATIVE TO THE EASEMENT ACQUISITION ON PARCEL NO. 129 IN THE LAWSUIT ENTITLED COLLIER COUNTY v. RADIO ROAD JOINT VENTURE, et aL, Case No. 98-1396-CA (Livingston Road Extension - Golden Gate Boulevard to Radio Road) Project. OJIJl,,C, IJJff~ 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. 129 for the Livingston Road Extension (Golden Gate Boulevard to Radio Road) project in the lawsuit entitled Collier County v. Radio Road Joint Venture, et al., Case No. 98-1396-CA. CONSIDERATIONS: On July 23, 1998, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of easements for the Livingston Road Extension (Golden Gate Boulevard to Radio Road) project (Project No. 60061). On August 12, 1998, Collier County deposited with the Registry of the Court the sum of Eleven Thousand Four Hundred Fifty Dollars and NO/100 ($11,450.00) for Parcel No. 129 in accordance with the Order of Taking. Through negotiations, the parties have reached a settlement agreement whereby the property owner, Radio Road Joint Venture joined by subsequent purchasers, will be fully and fairly compensated for the property interests taken for the public purposes enumerated in the resolutions 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 Fourteen Thousand Three Hundred Fifteen Dollars ($14,315.00) to be paid to the Respondents as full compensation for the property rights taken as to Parcel No. 129. The Stipulated Final Judgment provides that Collier County shall deposit the additional amount of Two Thousand Eight Hundred Sixty-five Dollars ($2,865.00) 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. FISCAL IMPACT: Cost: $2,865.00; Fund: 313 - Road Construction Gas Tax 1 AGENDA ITEM NO. AU9 Ol 2000 pg ....I Cost Center: 163673 - Surplus Gas Tax Road Construction Project Number: 60061 - Radio Road Extension - Golden Gate Boulevard to Radio Road qlROWTH MANAGEMENT IMPACT: Consistent with the Collier County Growth Management Plan for CIE Project No. 53. lIECOMMENDATION: 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 $2,865.00 into the Registry of the Court. Heidi.F. Ashton Assistant County Attomey REVIEWED BY: Mitch Momtaz, Project Mana§~0 Transportation Engineering Dept. Mike McNees, Interim Transportation Administrator Date: Date: APPROVED BY: David C. Weigel County Attorney Date: h:GB~ExSum2000~ladioRdJtVenture-FSJ Parcel 129 2 0 1 2000 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, VS. RADIO ROAD JOINT VENTURE, a Florida general partnership, et al., cOPY Case No. 98-1396-CA-TB ~ --,TM -;*~' ~ "'~' ,--4 Civil Action ~ ~'~ ~' Respondent. Parcel: '129 STIPULATED FINAL JUDGMENT THIS CAUSE having come before the Court upon Joint Motion made by Petitioner, and Respondent, RADIO ROAD JOINT VENTURE, joined by subsequent purchasers COLLIER BUILDING INDUSTRY ASSOCIATION, INC. and JULIAN L.H. STOKES and DEBORAH L. STOKES, husband and wife, for entrY of a Stipulated Final Judgment as to / Parcel 129, and it appearing to the Court that the parties are authorized to make such Motion, the Court finding that the compensation to be paid by Petitioner is the full comp6nsation due the Respondent., RADIO ROAD JOINT VENTURE, and its successors and assigns, conditioned upon the terms and provisions of this Final Judgment in its entirety, and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED AND ADJUDGED that JULIAN L.H. STOKES and DEBORAH L. STOKES, as successor and assignees to COLLIER BUILDING INDUSTRY ASSOCIATION, INC. and Respondent, RADIO ROAD JOINTVENTURE, have and recover from the Petitioner, COLLIER COUNTY, FLORIDA, the sum of Fourteen Thous n . r_ee)A~ .Hundred Fifteen and No1100 Dollars ($14,315.00)for the road right-of-wayl side~ :5 utility, drainage and maintenance easement designated as Parcel 129, as full payment for the property interests taken and for damages resulting to the remainder, if less than the entire property was taken, and for all other damages in connection with said parcel; it is further ORDERED that the Petitioner, COLLIER COUNTY, FLORIDA, shall deposit an additional Two Thousand Eight Hundred Sixty-five Dollars ($2,865.00), subject to the eppmvs', of the Board of County Commissioners, into the registry of this Court within 30 days from the date of the Stipulated Final Judgment; and it is further ORDERED that apportionment and disbursement of the funds deposited will be determined by this Court at a headng to be set upon motion; and it is further ORDERED that title to Parcel 129, road right-of-way, sidewalk, utility, drainage and maintenance easement, as being fully described in Composite Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner pursuant to the Order of Taking dated July 23, 1998 and the deposit of money heretofore made, is approved, ratified and confirmed; and it is further ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of Collier County, Flodda. DONE AND ORDERED in Chambers at Naples, Collier County, Fiodda, this __ day of ,2000. -2- Circuit Court Judge AU3 01 2000 pg. ,-4 Conformed cop~es to: Radio Road Joint Venture Citizens and Southern Trust Company (Florida) Florida Power & Light Collier County Production Park Property Owners Association, Inc. Collier Coun Tax Collector, c/o Vincent Murphy, Esq., The Murphy Law Firm CERTIFIED ~OPY, Tim Durham, Legal Assistant, County Attorney's Office Charge to: PWED - 113-163673-60061 Joe W. Fixel, Esquire Heidi Ashton, Esquire Bookkeeping JOINT MOTION FOR STIPULATED FINAL JUDGMENT Petitioner and Respondent, RADIO ROAD JOINT VENTURE, jointed by subsequent purchasers COLLIER BUILDING INDUSTRY ASSOCIATION, INC., JULIAN L.H. STOKES and DEBORAH L. STOKES, hereby stipulate to the foregoing Stipulated Final Judgment as to Parcel 129. · Radio Road Joint Venture, a Florida General Partnership By: CCPP, Inc., a Delaware Corporation, its General Partner which was previously known as Aerial Investment Company, a Del~a,~,~'e Corporation ~oh-n~A. Wanklyn, Presidf Dated: /~PR//-- /~/, .z ~ Heidi Ashton, Esquire Florida Bar #0966770 Assistant County Attorney Collier County Attorney's Office 3301 East Tamiami Trail Naples, Florida 34112-4902 Telephone: (941) 774-8400 Facsimile: (941) 774-0225 and Joe W. Fixel, Esquire Florida Bar #0192026 FIXEL & MAGUIRE 211 South Gadsden Street Tallahassee, Florida 32301 Telephone: (850) 681-1800 Attorneys for Petitioner Dated: Collier Building Industry Association, Inc.Ju_i -~ Print Title: ~/~_.5./.~'/~-/- Deborah L. Stokes F :',WP~O KE b"'~,.~=AD~ INALJUO -3- AGENOA ITEM -~ k'Jt3 Ol 2000 Conformed copies to: Radio Road Joint Venture Citizens and Southern Trust Company (Florida) Fiodda Power & Light Collier County Production Park Property Owners Association, Inc. Collier County Tax Collector, c/o Vincent Murphy, Esq., The Murphy Law Firm CERTIFIED COPY, Tim Durham, Legal Assistant, County Attorney's Office Charge to: PWED - 113-163673-60061 Joe W. Fixel, Esquire Heidi Ashton, Esquire Bookkeeping JOINT MOTION FOR STIPULATED FINAL JUDGMENT Petitioner and Respondent, RADIO ROAD JOINT VENTURE, jointed by subsequent purchasers COLLIER BUILDING INDUSTRY ASSOCIATION, INC... JULIAN L.H. STOKES and DEBORAH L. STOKES, hereby stipulate to the foregoing Stipulated Final Judgment as to Parcel 129. · Radio Road Joint Venture, a Flodda General Partnership By: CCPP, Inc., a Delaware Corporation, its General Partner which was previously known as Aerial Investment Company, a Del,a,~,~re Corporation By: ~oh-n A. Wanklyn, Presidf Collier Building Industry Association, Inc. By: Print Name: Print Title: F:'~WI~DOCS~.rr~TOKE~LEAD~INAL.JUD -3- Heidi Ash[on, Esquire Florida Bar ¢¢0966770 Assistant County Attorney Collier County Attorney's Office 3301 East Tamiami Trail Naples, F!odda 34112-4902 Telephone: (941) 774-8400 Facsimile: (941) 774-0225 and Joe W. Fixel, Esquire Florida Bar #0192026 FIXEL & MAGUIRE 211 South Gadsden Street Tallahassee, Flodda 32301 Telephone: (850) 681-1800 Attorneys for Petitioner Dated: Deborah L. Stokes AUG O l 2000 8 B 1 LEGAL 3301 OFFICE 0£ CA?f~AL PROJECTS EAST TAMIAM! TRAIL NAPLES, FLORIDA 04-112 (94.1) 774.-8192 PROJECT NO, PROJECT PARCEL NO, 12'c~ TAX PARCEL NO.. DESCRIPTION (.NOT A SURVEY) road right-of'way, sidewalk, utility, drainage & maintenance easement LEGAL DESCRIPTION Parccl 129 · BEGIN at Ihc Norlhcast corncr ol'Lot 5.5 oFtlie Plat Ihcrco£Collier County Produclion Park Phase 3-A as recorded in Plat Book 22, Pages 59 and 60 orthc Public R. ccords or Collier County, Florida, said POINT OF BEGINNING also lying on the West Riglit Way linc oFLivingston Road; timnee along said West Riglit o£Way linc S O0° 03' 15" E 175.27 rcc! ioa Poinl orCurvalure oFa curve !o Ihe ri§ht having a radius o£ 25.00 reel, a ccnlral angle or 89* 23' ,15", an arc distance o~39.01 feet and a chord which bears S 44° 38' 38" W Io ils point oflangcncy, said point lying on tim North Riglit Way linc orEnlcrprisc Avenue; d~cnce S 89* 20' 30" W 24,94 £cct; fi~cncc Icaving said norlh Righ[ o[Way line N 38' 0~' IT' E 64.24 feel; Ihence N 00~ 03' 15" W 1,19.91 fcc/; lhcncc N 89° 20' 30" E 10.00 fcc{ IoIhcP~OINTOFBEG~G. Conlaining 2863 square l'cct more or less. Basis of Bcarlng is tfic West Riglit orWay line orLivinsston Road being S 00° 03' 15" E. · :b;ll.I · ..,., ....';;:. · ,., .' '[' ' :,iF ':" .' -' ..,., .,:....: . · '~ '- ::2' ~i; ~: .'.' .. ; :~':' /U.~:". '.: DinE: '"'//~.",";g_~? '. . OY ,.. V: ,' .' ....;7,' .',' GE' ~;~.'"~.,-' RICHMOND .,.o ":.,:.'.' ,' ..-:.'...,. OFFICE OF CAPITAl. PROJECTS.. ., '.?:" ' Ar~GENDA ITEl' no ....!_~Z.~. AU~ O l 2000 B B I IZ? OFFICE OF CAPITAL PROJ£CT$ 3501 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION PARCEL 129 Curve number ] R~dlus = 85,00' Z~ = 89'23'45' Arc = 39,01' N.§g'20'30"E. LOT 55 1 N.38'0519' E.-~/::?-'J 95.32' s.~9'~o'~.o."w.\' ~2o.o5 L.~,~.9,~' ENTERPRISE AVENUE 60' R/W GENERAL NOTES i) P.O.C. Indicates Point oF Commencement 2) P.O.B. indicates Point oF ])eolnnlng 3) Sec. Indlcn~es Section 4) Twp. Indicates Township 5) Rge, Indlc~tes Range 6) R/~/ Indicates Right-oF-way 7) AtL disk.noes ~re In Fee~ ~nd decimals ~hereoF O> B~sI~ oF Bearings Is the ~es~ Rlgh'~ oF ~y Une oF Llvlnos~on Ro~d beln9 9) No~ v~tld unless signed ~nd se~ed wl~h ~he se~ oF ~he professions[ t~nd surveyor THIS IS ONLY .A SK~CH AU$ 01 2000 p~;. 8 EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE THE STIPULATED FINAL JUDGMENT RELATIVE TO THE FEE SIMPLE ACQUISITION OF PARCEL NO. 119B IN THE LAWSUIT ENTITLED COLLIER COUNTY V. GERALD ,4. McHALE, JR., SUCCESSOR-TRUSTEE UNDER RECORDED LAND TRUST AGREEMENT DATED 12/10/92, ET AL., CASE NO. 00-0487-CA (PINE RIDGE ROAD BETWEEN CR 31 AND LOGAN BOULEVARD). OBJECTIVE: That the Board of County Commissioners approve the Stipulated Final Judgment as full and final compensation to be paid for the fee simple acquisition of Parcel No. 119B for the Pine Ridge Road Project in the lawsuit entitled Collier County v. Gerald A. McHale, Jr., Successor-Trustee Under Recorded Land Trust Agreement Dated 12/10/92, et al., Case No. 00-0487-CA. CONSIDERATIONS: On April 6, 2000, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of this easement for the roadway improvements to Pine Ridge Road between C.R. 31 and Logan Boulevard (Project No. 60111). On April 20, 2000, Collier County deposited with the Registry of the Court the sum of Six Thousand Eight Hundred Dollars and 00/100 ($6,800.00) for Parcel No. 119B in accordance with the Order of Taking. Through negotiations, the parties have reached a settlement agreement whereby the property owner, Bay Winds Lodging, LLC, will be fully and fairly compensated for the property interests taken for the public purposes enumerated in the resolution of condemnation (Resolution No. 99- 228). The terms of the settlement agreement are set out in the Stipulated Final Judgment (attached as Exhibit "A"). The Stipulated Final Judgment provides for Nine Thousand Ninety-six Dollars and 00/100 ($9,096.00) to be paid to the Respondent as full compensation for the property fights taken as to Parcel No. 119B. To comply with the terms of the Stipulated Final Judgment, Two. Thousand Two Hundred Ninety-six Dollars and 00/100 ($2,296.00) 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: Cost: $2,296.00; to be obligated in the budget for FY 99/00. Fund: (313) Road Construction Gas Tax Cost: Center: (163673) Surplus Gas Tax Road Construction Project Number: (60111) Pine Ridge Road GROWTH MANAGEMENT IMPACT: Consistent with Growth Manageme 1 AGENDA ITEM. AU$ o l 2000 Pg.__ } 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 an additional $2,296.00 into the Registry of the Court. SUBMITTED BY: Heidi F. Ashton Assistant County Attomey REVIEWED BY: l <'-x..t_,_ _, . Peter Hayden, Project Manager, Transportation Engineering Dept. Mike McNees, Interim Transpotation A~inistrator Date: Date: Date: APPROVED BY: ,_/,~ ,--~,,..,L....~ <'~ c'- David C. Weigel County Attorney h :GBX,ExSum2000Wlc Hale-SFJ-h fa 2 AGENDA ~, AUG 01 2000 Pg. SENT BY:Xerox Teleco~ier 7021 ; ?- 5-00 ; 5:25PM ; JOE FIXEL~ 19417740225;# 2 IN THE CIRCUIT COURT OF TWENTIETH ]~JDICIAL CIRCUIT, IN AND FOR CO~ COUNTY, FLOP-dDA COT .T.rFR COUNTY, FLoRrr)A, a political subdivision of the ~taic of Florida, VS. Petitioner, OER~T.13 A. MCHALE, JR., SUCCESSOR TRUSTF. E Under Unrecorded Land Trust Agree- ment Dated 12/10/92, et at., Respondents. CASE NO.' PARCEL: 00-.0487-CA 119B STIPUI~TED FINAL gUDGMENT THIS CAUSE having come before the Court upon Joim Motion made by Petitioner and Respondera, BAY WINDS LODGING, L.L.C., a Florida limited liability company, for entry era Stipulated Final ludgment as to Parcel 119B, and it appearing to the Court thai the parties are authorized to make such Motion, the Court finding that the compensation to be paid by Petitioner is the full compensation due the Respondent, BAY WINDS LODGING, L.L.C., a Florida limited liability company, and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED AND ADGUDGED that the Respondent, BAY WINDS LODi}IN(i, L.L.C., a Florida limited liability company, has and recovers from the Petitioner, COLLIER COUNTY, FLORIDA, the sum of Nine Thousand Ninety Six snd No/100 Dollars (S9,096.00) for parcel 119B, as full payment for the property interests taken and for damages resulting to the remainder, if less than the entire property was taken, and for all other damages in connection with said parcels; it is further AGENDA ITEM AUG Ol 2000 BY:Xerox TelecoDier 7021 ; ?- §-OO ; 5:25PM JOE FIXEL* 19417740225;# OKDF. RED that the Petitioner, COLI.TF.R. COUNTY, FLORIDA, shall deposit an additional Two Thousand Two Hundred Ninety Six and No/100 Do]lain ($2,296,00), subject to the approval of the Board of County Commissioners, into the rel~istry of this Court within 45 days fi'om the date of the Stipulated Fin~] Judgment; and it is further ORDERED that the Clerk of this Court shall disburse the sum of Nine Thousand Ninety Six and No/100 Dollam ($9,096.00), less any amounts previously paid, to the 1rust account of Quaties ,~ Brady, and forward same c/o Timothy G. Hains, Esquire, Quaflea, & Brady, 4501 Tam[ami Trail North, Suite 300, Naples, Florida 34103 ['or the benefit of Respondent, BAY WINDS LODGING, L.L.C., a Florida limited liability company, subject to the interests of First National Bank No¢~hwest Florida; DeAnselis Diamond Construction, Inc., a Florida corporation; Gerald A. McHale, Jr., Successor Trustee under unrecorded Land Trust Asrcement dated 12/10/9:2; and Avatar Properties, Inc., f/k/a Gulf American Corporation; and it is further ORDERED that title to Parcel 119B, fee simple, as being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner pursuant to the Order of' Taking dated April 6, 2000, and the deposit of money heretofore made, is approved, ratified and confirmed; and it is further ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of CoIlier County, Florida. DONE AND ORDERNA) day of in Chambers ~t Naples, Collier County, Florida, this ,2000. 2 Circuit Court 1udge AGENDA ITEM, \ 10601 2000 Pg. SENT BY'Xerox Telecopier 7021 : 7- 8-00 ; 5'26P~ ; JOE FIXEL* 1§417740225;# ~'OINT l~[OTION FOR STIPULATED FINAL JUDC~M'ENT Petitioner and Respondent, BAY WINDS LODGING, L.L.C., a Florida limited liability company, hereby stipulate to the foregoing Stipulated Final ludgment as to Parcels 119B. Florida Bar # QUARLES & BRADY 4501 Tzmim~ai Trail North Suite 300 Naples, Florida 34103 Telephone: (941) 262-5959 Attorney for Respondent ~ South Gsdsden Street Tallahass~, Florida 32301 Telephone: (850) 681-1 g00 Facsimile (1150) 681-9017 ~nd Heidi Ashton, E~uire Florida Bar ~966770 Assistant CounW Attorney Collier County Attorney's Offic~ 3301 East Tamiami Trail Naples, Florida 34112-4902 Telephone: (941) 7?4-$400 Facsimile: (941) 774-0225 Attomey~fo~ P. eti0oner 3 AGENDA rrEM'. x - AUG Ol 2000 ~,,, ~ .^~ ~u~uuupler ¢uzl, '~- ~-U~ ; :;Z~P~ ; JOE FIXEL* 19417740225;# PUBLIC WORKS ENGINEERING DBPARTMENT 33D1 RA.~T TAMIAM! TRAIL NAPLJB$, FLORIDA 34112 (~4 I) 774-81 ~2 PROJECT NO,.6Ol 11 PARCI~L NO,..,. ! 1 pn FOLIO NO... ~B SO~ L[R OF ~ID S/~ON 7, A DI~AN~ OP 12~.71 F[~: TJ[~ NORTH 0 DEO~ES M~ 26 SG~NDS ~, A DI~AN~ OF 31.~ PE~T TO THE NORTH ~OHT OF WAY L~B OP .' ~ TO ~ PO~ OP CU~VA~ OF A TANOE~ UU~ CONCAVB TO ~H NORTH, I.[AV~O A ~ A~NO S~ ~K~, X DISTANC~ O[ 30%1~ ~ TH; POINT OP OBO~mO; ~~o ~ ALONG SAID ~V~ A DI~AN~ OF ~ i .~9 FE~T ~ ~ PO~ O~ OF A NO~O~ CglV;, C~ ~ T~ ~T, ~Av~O A ~DIUS OF 34.00 PHi, A DSO~ ~4 M~S ~4 S~N~S W~ TH~CB NOR~ ALONO SAID ~RVB, A DI~ OP 10.9~ ~ ~BN~ NOK~ 0 DEO~HS 26 MIN~S 2~ SE~NDS W~T, A DISTANC8 OF 4.30 FE~ ~S OF S6~9.~[ [H~, A ~N~L AN~L~ OF 0 DEQ~ 30 M[N~ 35 SHCONDS, AND A g~O ~V~ X DIST~CE OF 50. {I FEET'. ~N~ SO~R 0 DBO~ES 26.MIN~ 26 S~NDS A D~AN~ O~ 1~,02 F~ ~ ~H PO~ OF ~BOI~{NG; ~!D DBSC~B~ ~ ~NTAININO 0.017 A~ ~ 8QUA~ ~, MO~ OR ~. 36 f~S ~. ~UC ~ ENGInEER{NO ~P~T. ie e¢oD~er 't021 ; 7- ~-00 ; 5'27PM ; JOE FiXEL* 19417740225;# II',-,',,' PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EASTTAMIAMI TICAlL NAPLES, FLORIDA (941 ) 774.g 1 ')2 SKETCH OF DESCRIPTION. NOT A SURVEY · GENERAL NOTES . ' 1) P;4~.~"']mO NT OF CO~MENC~MEN'r ~) NOT V~D U~E~ raGNED ~O EE~ED ~ ~M~88~ ~a~ 0F A ~k0~E~N~ ~D SURVEYOR PRlln AGENDA rTEI~ NO. ~ AUG 01 20 q6~?- r=T o ¢'11: ? 0! -I EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE THE STIPULATED FINAL JUDGMENT RELATIVE TO THE EASEMENT ACQUISITION ON PARCELS NO. 172 AND 172T IN THE LAWSUIT ENTITLED COLLIER COUNTY V. CHRISTOPHER DANIELSON, ET AL., CASE NO. 99-3690-CA (GOLDEN GATE BOULEVARD BETWEEN C.IL 951 AND WILSON BOULEVARD). OBJECTIVE: 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 Parcels No. 172 and 172T for the Golden Gate Boulevard Project in the lawsuit entitled Collier County v. Christopher Danielson, et al., Case No. 99-3690-CA. CONSIDERATIONS: On January 28, 2000, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of this easement for the roadway improvements to Golden Gate Boulevard between C.R. 951 and Wilson Boulevard (Project No. 63041). On February 10, 2000, Collier County deposited with the Registry of the Court the sum of Four Thousand Four Hundred Dollars ($4,400.00) for Parcels No. 172, 172T and 174 in accordance with the Order of Taking. Through negotiations, the parties have reached a settlement agreement whereby the property owners, Christopher Danielson and Sandra Danielson, will be fully and fairly compensated for the property interests taken for the public purposes enumerated in the resolution of condemnation (Resolution No. 99-284). The terms of the settlement agreement are set out in the Stipulated Final Judgment (attached as Exhibit "A"). The Stipulated Final Judgment provides for Four Thousand Four Hundred Dollars ($4,400.00) to be paid to the Defendants as full compensation for the property rights taken as to Parcels No. 172 and 172T. To comply with the terms of the Stipulated Final Judgment, One Thousand Three Hundred Dollars ($1,300.00) 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. .,, .~SCAL IMPACT: Cost: $1,300.00; to be obligated in the budget for FY 99/00. Fund: (313) Road Construction Gas Tax Cost: Center: (163673) Surplus Gas Tax Road Construction Project Number: (63041) Golden Gate Boulevard (CR951/Wilson Boulevard) AGENDA ITEM AUG 0 1 2O00 GROWTH MANAGEMENT IMPACT; Consistent with Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners: Approve the Stipulated Final Judgment; Approve the expenditure of the funds as stated; and Direct staff to deposit an additional $1,300.00 into the Registry of the Court. SUBMITTED BY: Heidi F. Ashton Assistant County Attorney REVIEWED BY: REVIEWED BY: A. N. Korti, Project Manager, Mike McNees, Interim Transportation Administrator Date: Date: [-,-v (-David C. Weigel ' County Attorney h:OGIl/Daniclson/Exccufivc Su~ 2 AOENDA ITEM AUG 01 2000 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CML ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, VS. Case No.: 99-3690-CA CHRISTOPHER DANIELSON, et al., Respondents. Parcels: 172 & 172T STIPULATED FINAL JUDGMENT THIS CAUSE having come before the Court upon Joint Motion made by Petitioner, by and through its undersigned counsel, and Respondents, CHRISTOPHER and SANDRA C. DANIELSON, for entry of a Stipulated Final Judgment as to Parcels 172 &172T, and it appearing to the Court that the parties are authorized to make such Motion, the Court finding that the compensation to be paid by Petitioner is the full compensation due the Respondents, CHRISTOPHER and SANDRA C. DANIELSON, and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED AND ADJUDGED that Respondents, CHRISTOPHER and SANDRA C. DANIELSON, have and recover fi'om Petitioner, COLLIER COLFNTY, FLORIDA, the sum of Four Thousand Four Hundred Dollars ($4,400.00) for Parcels 172 & 172T as full payment for the property interests taken and for damages resulting to the remainder, if less than the entire I AUG 0 1 2000 property was taken, business damages, and for all other damages in connection with said parcel; it is further ORDERED that no attorney fees or costs shall be awarded in connection with the above- styled cause of action as it relates to Parcels 172 & 172T; it is further ORDERED that the Petitioner, COLLIER COUNTY, FLORIDA, shall deposit an additional One Thousand Three Hundred Dollars ($1,300.00), subject to the approval of the Board of County Commissioners, into the registry of this Court within 30 days of the date of this Stipulated Final Judgment; it is further ORDERED that the clerk of this court shall disburse the total amount of Four Thousand Four Hundred Dollars ($4,400.00) to Christopher and Sandra C. Danielson, 2530 Golden Gate Boulevard, West, Naples, Florida 34120, less any amounts previously paid for the benefit of Respondents, CHRISTOPHER DANIELSON and SANDRA. C. DANIELSON; it is further ORDERED that title to Parcel No. 172, road right-of-way, drainage, sidewalk, utility and maintenance easement, and Parcel No. 172T, a temporary driveway restoration easement, being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner pursuant to the Order of Taking dated January 28, 2000, and the deposit of money heretofore made, is approved, ratified, and confirmed; it is further ORDERED that the Notice of Lis Pendens filed in the above-styled cause and recorded in Official Record Book 2610, Page 861of the Public Records of Collier County, Florida be dismissed as to Parcels 172 & 172T; it is therefor DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this day of ,2000. 1 Circuit Court Judge AGENDA ITEM .. NO. ' -" '~ AUG 0 1 2O00 q Conformed Copies to: Heidi F. Ashton, Assistant County Attorney Christopher and Sandra Danielson NationsBank f/k/a Barnett Bank, N.A. Banker's Trust Company of California, N.A., as Trustee Vincent Murphy, Esq. Bookkeeping JOINT MOTION FOR STIPULATED FINAL JUDGMENT The Parties hereby stipulate and respectfully request this Court to enter the foregoing Stipulated Final Judgment. Dated: ~//] ~'~/ ~' ~ t9 ~ Dated: / / CHRISTOPHER DANIELSON 2530 Golden Gate Blvd., West Naples, Florida 34120 Dated: ,~v~ . ~> 2~ SANDRA C. DANIELSON 2530 Golden Gate Blvd., West Naples, Florida 34120 HEIDI F. ASHTON, ESQ. Florida Bar No. 0966770 Assistant County Attorney 3301 East Tamiami Trail, 8th Floor Naples, Florida 34112 (941) 774-8400 - Phone (941) 774-0225 - Facsimile Attorney for Petitioner h:Lit~EmDomainWrG~)anielson-StipFinalJud gment 2 AGENDA ITEM No._ AUG 0 1 2000 WEST PROI'ERTY LINE DESCRIPTION: OFFICE OF CAPITAL 3301 EAST TAMIAMI TRAIL (941.) 77,'1-0192 PROJECTS NAPLES, FLORIDAI,3.. 4112 SKETCH OF DESCRIPTION ' · · ,PROJECT NO (NOT A SURVEY) PROJECT'P~C~L'.N,~11 ,F'-o.X~o ..-:.~.~ ~q:~ ~'~ 5~'~:'r' . ' .....~ : ';":.li ..':":. (l(Xy R.O.W,! GOLDEN GATE BOULEVARD 33O' L' I (,W EASEMENT3 E~ST. 50'~ ~AY JTYo ~5 FOOT ROAD RIGHT OF ~ :)RAINAGE, SIDEWALK, UT & MAINTENANCE EASEME Tide WEST 150 FEET TRACT 112 )F I I ~EAST PROPERTY LIN~ I ; 112 : I : I I 1~7 I L330' SOL'Ill PROPER1 f TRACT THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE WEST 150 FEET OF TRACT 112. GOLDEN GATE ESTATES UNIT NO. 5. AS RECOROEO IN PLAT BOOK 4, PAGE gl, OF THE PUBUG RECOROS OF COLLIER COUNTY, FLORIDA. : PROPER 1Y LIHE , .... ~--- -EXISTING RIGHT OF WAY LINE ./ .~-~OEOItGE fl. RICHNIONO P.I.,S.~'"z4o4~' ' ' ~ PUDL~WORKSENGINEERINU DEP~ ! -- 3301 EAST TAMIN~ TRAIL · e ~ NAPLES. FLORIDA 34112 · .... "',~ :' .... '~ ................ Projec! No. 63041 Parcel No.: 172 T F'-~ h~ ~1 · 3~-% t'i [ '10(to3 TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The Wesl 60 leer of the Soulh 30 feet of the Nodh 105 feet of Ihe West 150 feet or Trac!,112, Golden Gate Eslates Unit No. 5, as recorded in Plat Book 4, Page 91 oi" [he Public Records of Collier Counly, Florida. AGENDA ITEM NO. ~ AUG O1 2000 EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE THE STIPULATED FINAL JUDGMENT RELATIVE TO THE EASEMENT ACQUISITION ON PARCEL NOS. 184 AND 184T IN THE LAWSUIT ENTITLED COLLIER COUNTY V. GEORGE PERALTA, ET AL., CASE NO. 00-0937-CA (GOLDEN GATE BOULEVARD BETWEEN C.R. 951 AND WILSON BOULEVARD). OBJECTIVE: 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 Nos. 184 and 184T for the Golden Gate Boulevard Project in the lawsuit entitled Collier County v. George Peralta, et al., Case No. 00-0937-CA. CONSIDERATIONS: On June 6, 2000, an Order of Taking was entered in Collier County Circuit Court 'regarding the acquisition of this easement for the roadway improvements to Golden Gate Boulevard between C.R. 951 and Wilson Boulevard (Project No. 63041). On June 23, 2000, Collier County deposited with the Registry of the Court the sum of Nine Thousand Three Hundred Dollars and 00/100 ($9,300.00) for Parcel Nos. 184 and 184T in accordance with the Order of Taking. Through negotiations, the parties have reached a settlement agreement whereby the property owners, Harry Chancy and Susan Chancy, will be fully and fairly compensated for the property interests taken for the public purposes enumerated in the resolution of condemnation (Resolution No. 99-284). The terms of the settlement agreement are set out in the Stipulated Final Judgment (attached as Exhibit "A"). The Stipulated Final Judgment provides for Ten Thousand Three Hundred Dollars and 00/100 ($10,300.00) to be paid to the Respondents as full compensation for the property rights taken as to Parcel Nos. 184 and 184T. To comply with the terms of the Stipulated Final Judgment, One Thousand Dollars ($1,000.00) 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: Cost: $1,000.00; to be obligated in the budget for FY 99/00. Fund: (313) Road Construction Gas Tax Cost Center: (163673) Surplus Gas Tax Road Construction Project Number: (63041 ) Golden Gate Boulevard (CR951/Wilson Boulevard) GROWTH MANAGEMENT IMPACT: Consistent with Growth Management 1 )l sn AGF. NDA ITEM -. NO. ~ 2000 RECOMMENDATION: That the Board of County Commissioners: Approve the Stipulated Final Judgment; Approve the expenditure of the funds as stated; and Direct staff to deposit an additional $1,000.00 into the Registry of the Court. SUBMITTED BY: Assistant County Attorney REVIEWED BY: '"//~ A. N. Korti, Project Manager, Tra~spo,rtation Engineering Dept. Mike McNees, Interim Transpotation Administrator Date: Date: APPROVED BY: :;'~-~-,~" ~ ,----~---- ~ ~L.~ ' Date: q ~ ("~D~d C. Weigel" County Attorney h :GB\ExSum2000kPeralta-FinalJudgment-hfa 2 AOENDA ITEM. x AUG 01 2000 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CML ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, VS. Petitioner, GEORGE PERALTA, et al., Respondents. Case No.: 00-0937-CA Parcel Nos.: 184 & 184T STIPULATED FINAL JUDGMENT THIS CAUSE having come before the Court upon Joint Motion made by Petitioner, COLLIER COUNTY, FLORIDA, by and through its undersigned counsel, and Respondents, HARRY CHANCY and SUSAN CHANCY, by and through their undersigned counsel, for entry of a Stipulated Final Judgrnent as to Parcel Nos. 184 & 184T, and it appearing to the Court that the parties are authorized to make such Motion, the Court finding that the compensation to be paid by Petitioner, COLLIER COUNTY, FLORIDA, is the full compensation due the Respondents, HARRY CHANCY and SUSAN CHANCY, and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED AND ADJUDGED that Respondents, HARRY CHANCY and SUSAN CHANCY, have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Ten Thousand Three Hundred Dollars and 00/100 ($10,300.00) for Parcel Nos. 184 & 184T as full payment for the prope~ interests taken and for damages resulting to the remainder, if less than the AGENDA n'F.M_ , AU$ 01 2000 Pg. 3 entire property was taken, business damages, and for all other damages in connection with said parcel; it is further ORDERED that no attorney's fees or costs shall be awarded in connection with the above- styled cause of action as it relates to Parcel Nos. 184 & 184T; and it is further ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, shall deposit an additional One Thousand Dollars and 00/100 ($1,000.00), 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 Ten Thousand Three Hundred Dollars and 00/100 ($10,300.00) to Sparkman & Quinn Trust Account, c/o JEFFREY C. QUINN, Esquire, Sparkman & Quinn, P.O. Box 7128, Naples, Florida 34101-7128, less any amounts previously paid for the benefit of Respondents, HARRY CHANCY and SUSAN CHANCY; and it is further ORDERED that title to Parcel No. 184, a road right-of-way, drainage, sidewalk, utility, and maintenance easement, and Parcel No. 184T, a temporary driveway restoration easement, being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner COLLIER COUNTY, FLORIDA pursuant to the Order of Taking dated June 6, 2000, .and the deposit of money heretofore made, is approved, ratified, and confirmed; it is farther ORDERED that the Notice of Lis Pendens filed in the above-styled cause and recorded in Official Record Book 2653, Page 1194 of the Public Records of Collier County, Florida be dismissed as to Parcel Nos. 184 & 184T; it is therefor 2 AOENDA ~ AUG 0 1 2000 .... t[ DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this day of June, 2000. Circuit Court Judge Conformed copies to: Heidi F. Ashton, Esq. Jeffrey C. Quinn, Esq. Joe Fixel, Esq. Avatar Properties, Inc. Bookkeeping JOINT MOTION FOR STIPULATED FINAL JUDGMENT The Parties, hereby stipulate and respectfully request this Court to enter the foregoing Stipulated Final Judgment. JE , ESQ. Flor~/a Bhr,/No.0289965 SPARKMAN & QUINN P.O. Box 7128 Naples, Florida 34101-7128 941/643-6263 - Telephone Attorney for Respondent 3 Dated: 1tEIDI F. ASHTON, ESQ. Florida Bar No. 0966770 COUNTY ATTORNEY OFFICE Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 941/774-8400 - Telephone 941/774-0225 - Facsimile Attorney for Petitioner AGENDA ITEM NO. AUG I] 1 2001] Project No. 63041 Parcel No.: 184 T Folio: 3696100000:3 TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The East 30 feet of the West 128 feet of the South 25 feet of the North 100 feet of Tract 16, LESS the East 30 feet thereof, Golden Gate Estates Unit No. 8, as recorded in Plat Book 4, Page 97 of the Public Records of Collier County, Florida. ? ./ AGENDA ITEM NO, _~, ( AUG 0 1 2000 PS:. ~-:. ('~ OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA ~,~4112 (941) 774-8192 SKETCH OF DESCRIPTION (NOT A SURVEY) PROJECT NO. 63041 PROJECT PARCEL NO. 184 (.1 oo' R.O.W.) GOLDEN GATE BOULEVARD ~' . L EXIST. 50' R'W EASEMENT----~. ___. 300' I 30' I 25 FOOT ROAD RIGHT OF WAY DRAINAGE,SIDEWALK, UTILITY, & MAINTENANCE EASEMENT WEST PROPERTY LII'~-: NORTH HALF OF TRACT 16 TRACT 16 L330' · ~UTH PROPERTY LINE DE$CRIPT!ON: [;'~ THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE NORTH HALF OF TRACT 16, LESS THE EAST 30 FEETsTHEREOF, GOLDEN GATE ESTATES UNIT NO. 5 AS RECORDED IN PLAT BOOK 4, PAGE g7, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. NORTH PROPERTY LINE .~.[---- EXISTING RIGlIT OF WAY LINE -'"~ F.J~T PROPERTY LINE EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS AUTHORIZE THE MAKING OF AN OFFER OF JUDGMENT TO DEFENDANT, H.A. STREET, FOR PARCELS 910 & 911 IN THE AMOUNT OF $1100.00 IN THE LAWSUIT STYLED COLLIER COUNTY V. WlLLI. AM KINSLEY, ET~4L., CASE NO. 96-1315-CA OBJECTIVE: To approve and authorize the making of an Offer of Judgment pursuant to Fla. Stat. 73.032 to Defendant, H.A. Street, in the amount of $1100 as full compensation for the condemnation of Parcel Nos. 910 and 911 in Collier County v. William Kinsley, et al., Case No. 96-1315-CA. CONSIDERATIONS: On March 27, 1996, an eminent domain action was filed for the acquisition of non-exclusive perpetual utility easements and temporary construction easements for the construction of water pipelines and wells for the North Collier Regional Water Treatment Expansion Project (along Vanderbilt Beach Road Extension from the North Collier Regional Water Treatment Plant site easterly to 17th Street). On June 17, 1996, an Order of Taking was entered in by the Circuit Court as to Parcels 910 and 911 (utility easements), and on July 9, 1996, the good faith estimate of value for these parcels was deposited into the Court registry, thereby vesting title in these parcels in the Collier County. These parcels each comprise a twenty-five foot wide easement running along the northerly edge of the parent tracts and containing .379 acres. Parcels 910 and 911 both lie within a pre-existing eighty-foot wide drainage canal easement and has been appraised by the County's appraiser at $200 per parcel. This value reflects the location of Parcels 910 and 911 in an already heavily encumbered portion of the parent tract and is based on five percent (5%) of the fee simple value. The Offer of Judgment, a copy of which is attached, offers the property owner of these two parcels, H.A. Street, the sum of $1100 as full compensation for the property taken, including any severance damages, damages to remainder, costs to cure, or interest. This figure ~takes into account the basis for the appraised value and the potential risks in proceeding to trial. The making of the Offer of Judgment will require the property owner to carefully assess his claim for compensation. Mr. Street has thirty days fi'om the date of mailing the offer to accept. If Mr. Street accepts, the County will be required to deposit an additional $700 into the registry, and the total sum of funds on deposit, or $1100, will be paid to Mr. Street by Stipulated Final Judgment of the court. If Mr. Street rejects the offer, and fails to recover more than $1100 for Parcels 910 and 911, either through settlement or jury verdict, the County will not be required to pay any costs incurred by Mr. Street after the date of the offer's rejection. This would include any expert witness fees, such as appraisal fees. The County Attorney's Office has reviewed all considerations in making an Offer of Judgment and has calculated in good faith this offer of full compensation for the property interests taken. This office considers the terms of the Offer of Judgment to be reasonable. A~:.NDA AU,'3 0 1 2000 Pg. ~ FISCAL IMPACT: A budget amendment is needed to transfer $700 from Water Capital Reserves and appropriate in project 70828. Source of funds is User Fees. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: 2. 3. 4. Approve the terms of the Offer of Judgment and authorize its service on Defendant, H.A. Street; and Approve the budget amendment for the appropriation of $700.00 from Water Capital Reserves for Project 70828; and Authorize $700 to be paid into the Registry of the Court in the event the Offer of Judgment is accepted by H.A. Street; and Approve Stipulated Final Judgment based on the acceptance of the Offer of Judgment. SUBMITTED BY: ~ ~/~~ · //E~./ 2~:~tTa~tC~oadu~eyllAttomey Date: REVIEWED BY: Peter Schalt, Proj. Mgr. III Public Utilities Engineering ~~, I~fi~dm~i~trator Public Utilities APPROVED BY(: ,l ~_ ' ,," ~ - ~~:~ X'D~¥id C. W6igfil -- County Attorney Date: ~7---2 H:\public\litigation\eminentdomain\misc~kinslcy~exsummOJ.Street 2 AGENDA ITEM__ AUG 01 2000 pg. IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, and THE COLLIER COUNTY WATER- SEWER DISTRICT, Plaintiffs, VS. WILLIAM A. KINSLEY, et al., Defendants. TO: Case No. 96-1315-CA-01-DRM Parcel Nos. 910 & 911 OFFER OF JUDGMENT AS TO PARCELS 910 & 911 H. A. Street 4601 Gulfshore Boulevard North Unit No. 10 Naples, Florida 34103 Plaintiff, COLLIER COUNTY, FLORIDA, and THE COLLIER COUNTY WATER- SEWER DISTRICT, by and through its undersigned attorney, pursuant to Section 73.032, Florida Statutes, and Fla. R. Civ. P. 1.442, does hereby make this binding offer ofjudgrnent in this action for all compensation, including severance damages, business damages, costs to cure, together with the value of the taking, and any other claims of Defendant, H.A. Street, arising out of the taking of Parcels 910 and 911, in the amount of Five Hundred and Fifty Dollars ($550.00) for Parcel 910, and Five Hundred and Fifty Dollars ($550.00) for Parcel 911, for a total of Eleven Hundred Dollars ($1,100.00), which amount includes the good faith estimate of value for both parcels of $400, previously deposited pursuant to the Order of Taking. There are no non-monetary terms or other relevant conditions to this offer, except that this Offer does not include interest from the date of the Order of Taking. ,, AGENDA ITEM _ NO. _ -- -~., 01 2000 -3 This offer does not include attorney's fees and costs. Petitioner will pay all reasonable attorney's fees and costs of the Defendant which have accrued to this date, and which are to be assessed by the Court pursuant to §73.092, Fla. Stat. In the Event Defendant rejects this Offer, and the Final Judgment entered in this action fails to exceed this Offer, Petitioner, pursuant to §73.092(6), Fla. Stat., will object to all attorney's fees and costs accruing subsequent to the date of rejection as defined in §73.032 (1)(c), Fla. Stat. The construction plans and specifications for the project on which the offer is based have been previously and continue to be made available for the Defendant's review upon reasonable notice of such a request. Dated this ~day of August, 2000. Ellen T. Chadwell/FBN 983860 Assistant County Attorney Hamran Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Attorney for Petitioner CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been served via U.S. mail to H. A. Street, Esq., 4601 Gulfshore Boulevard North, Unit #10, Naples, FL 33940, on this day of August, 2000. Ellen T. Chadwell AGENDA ~ ALlCo ol 2000 EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE THE STIPULATED FINAL JUDGMENT RELATIVE TO THE EASEMENT ACQUISITION ON PARCEL NOS. 139 and 839 IN THE LAWSUIT ENTITLED COLLIER COUNTY v. RONALD G. BENDER AND MICHELE J. BENDER, TRUSTEES UNDER THAT CERTAIN DECLARATION OF TRUST DATED THE 17TM DAY OF MAY, 1991, et aL, CASE NO. 98-1394-CA (Livingston Road Extension - Golden Gate Boulevard to Radio Road) Project. ~.sIF..~CAY,.l_~ff~ 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 Nos. 139 and 839 for the Livingston Road Extension (Golden Gate Boulevard to Radio Road) project in the lawsuit entitled Collier County v. RonaM G. Bender and Michele J. Bender, Trustees Under That Certain Declaration of Trust Dated the 17ts of May, 1991, et al.., Case No. 98-1394-CA. CONSIDERATIONS: On July 23, 1998, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of easements for the Livingston Road Extension (Golden Gate Boulevard to Radio Road) project (Project No. 60061). On August 12, 1998, Collier County deposited with the Registry of the Court the sum of Thirty-four Thousand Three Hundred Fitly Dollars and NO/100 ($34,350.00) for Parcel Nos. 139 and 839 in accordance with the Order of Taking. Through negotiations, the parties have reached a settlement agreement whereby the property owners, Ronald G. Bender and Michele J. Bender, Trustees Under That Certain Declaration of Trust dated the 17th day of May, 1991, et al. will be fully and fairly compensated for the property interests taken for the public purposes enumerated in the resolutions 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 Forty-four Thousand Five Hundred Dollars ($44,500.00) to be paid to the Respondents as full compensation for the property rights taken as to Parcel Nos. 139 and 839. The Stipulated Final Judgment provides that Collier County shall deposit the additional amount of Ten Thousand One Hundred Fifty Dollars ($10,150.00) 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 AGENDA ITEM . AUG O l 2000 Pg. FISCAL IMPACT: Cost: $10,150.00; Fund: 313 - Road Construction Gas Tax Cost Center: 163673 - Surplus Gas Tax Road Construction Project Number: 60061 - Radio Road Extension - Golden Gate Boulevard to Radio Road GROWTH MANAGEMENT IMPACT: Consistent with the Collier County Growth Management Plan for CIE Project No. 53. 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 $10,150.00 into the Registry of the Court. I-I~di l~J X'~hton Assistant County Attorney Mitch Momtaz, Project Manager Transport~ati~ng Dept. nt,rim Tran~)6rtation Administrator Date: APPROVED BY: ~(~ ~2~._._~ Date:'~--~O- OC) ¢ r I~vid C. Weigel County Attorney h:GB\ExSum2000XBender-FSJ Parcels 139&839 2 AOENDA ITi~M . AU$ c 12000 IN TI~ ~ COURT OF ~ ~T[-I JUDICIAL IN ~ FOR COLLIE~ COUNTY, FLOl~IDA ltO1N~t.r~ ~. BHNDEIt and MICI~-~- ~. BHND]~ Tnumm Under ~ Cemin De~l~fioa ofThint Dttted the 1'/~ day of CAS~ NO. 98-1194-CA CIVIL ACTION P~S: 139/839 / STIyULATED 'F~q~ .~DGI~NT THIS CAU~ ~g ~ beam ~ C~ u~n Io~ M~on ~~em~ KON~ G, E~~ ~ ~~ L B~~ T~s Und~ ~ C~n D~afi~ ofTm~ ~ ~c 1~ day ~y, 1~1, ~r ~ ofa'Sfi~ F~ ~ud~c~ ~ p~, 139 ~ g39. ~d it ~~ m ~e ~ ~ ~ ~es M~ ~ Co~ ~di~ ~ ~ m~fion m ~ ~d to P~tion~ is ~e ~11 ~mp~tion due ~ ~ KON~ G. B~~ ~ ~~ ~. B~~ Tm~ U~ ~t ~ ~n ofT~ ~ ~ 1~ ~y of~y, 1991, ~ ~~ L B~~ ~ U~ ~ ~- ~~n ~ T~ d~ ~e 1~ ~y of ~y, 1~1, ~ ~ ~ ~m P~i~, CO~ CO~, ~~ ~ mm of Fo~-~ou~ ~on~d ~e Hnnd~ ~d N~ DoHa~ (~4~0.~) ~r g~9. ~ ~! ~~ ~ ~ ~p~ ~~ ~ ~ ~ ~~ ~1~ ~ ~ ~nd~. If le~ ~ ~ ~ p~p~ ~s ~ ~ for ~ o~ ~ AOENDA ITEM AU5 01 2000 parcels. it is/hrther SENT BY:Xerox Telecopier 7021 ; ?-18-00 : 2:43PM ; JOE FIXEL~ 19417740225;# 3 ORD%~]~I'~ tl~ tl~ Petitioncr shall d~ n ~ T~ ~oue~d ~e Hund~ ~ ~d Nofi00 Dohn (S10,1~.~ ~bj~ m ~e ~ ~ ~ Bo~ o~ ~ C~~o~ ~ ~ ~ of ~s 'C~ ~ 4~ ~ ~m ~ ~c of ~ ~ lud~; ~ it h ~ 0~~ ~ ~ CI~ of~ ~ ~1 disb~e ~ ~ of Foldout ~o~d F~ H~ ~d N~00 Do~ (~4~0.00~ ~s ~ ~m ~~y p~ m of Tm~ ~ ~ 1~ ~y of~y, 1~1 ~ fo~ m ~o ~d ~. ~¢, 2~ 66~ S~ SW, Na~c~ F~fidu 34~05, ~r~c b~efit of~~~ EONAT-~ O. B~~ ~ ~y, 1~1; nd h is ~ m~~ ~~ ~ p~l 839, a ~o~ ~~ ~U~. ~d m~nt~ ~~ n ~ ~ly d~b~ ~ ~bit "A" a~ ~ ~ ~~ b~ w~ v~t~ in P~o~ ~~ to ~ ~d~ of T~ ~ J~y ~, ~8, ~ ~e dc~dt of ~n~ ~y ~ ~ 2000. Jo~ W. Pbml, ~ Booklmeping - Chtr!~ to: PW]~D Aoct # 31316367360061 2 AO~.NDA ~ AUG O l 2000 SENT 5Y:Xer0x Telec0p~er 7021 ; 7-18-00 ; 2:43PM ; JOE F[XEL~ 1941~740225;# 4 JOINT MOTION FOR 8TI~I~TI~D I~AL ~]V[F~ Tmm=~ U~der T~ CartOn Declaz~tloa of Tm~t (brred the l?m d~y o~ May, ~991, hereby st~uls.m to t~c ~oregoi~ Stipul~ed Finsl 7udsment es m PL,'Ceh 139 end 839. Kon~/d G. Bemtcr, Trustee Pro Se R~sponden~ / Io~ W. Fixel, Esqu'u'~ Florid~ Bar//019'2026 FIXEL & MAOUm~ 211 South C-nd~ Street Tnllnhassee, Florida 32301 Telephone: (850) 681-1800 F~csim/le (850) 681-9017 and Florida Bar//0966770 Collier County Attorney's OfTIce 3301 Fast Tmnimni Trail Napier, Florid~ 34112-.4902 Telophonu: (941) 774-~400 Ffmsimile: (941) 774-0225 3 AGENDA ITEM . NO._~ AUG 0 1 2000 P¢.. ,-% SENT BY:Xerox Telecopier 7021 ; ?-18-00 ; 2:44PM JOE FIXEL~ 19417740225;~ 5 8 B 1 ' 5501 OFFICE 0£ CAPITAL PROJECTS -EAST TAMIAMI TRAIL NAPLES. FLORIDA (94-1) 774.--8192 ,,34-112 PROJECT NO .... PROJECT PARCEL NO. TAX PARCEL NO. 3B]OO]2OOO1_ ;AL DESCRIPTION ('NOT A ..SURVEY) roGd ~ AT ~ SO~{~K ~RNER OF T~ 2 OF ~ P~T ~OF, GOLD~ GA~ ~TA~ ~ff NO. 29. A~ R~CORD~ IN P~T B~K 7. PAG~ PUULIC RECOD5 OF ~LLIER CO~, FLORIDA; ~[ENC~ NOE~4 0 DEG~E$ 22 MI~S 13 SECO~5 W~ST ALONG ~IE WE~ LI~ OF S~D ~ 2 A DZST~CE OF 150.~ FE~; ~iENCE NORTH ~9 DEGREES 32 MIN~ 32 SE~S A~NG A LINE L~NG 180 ~ET SO~-~. AS M~ASU~D NOgTI i bl N E OF SN D ~A~ 2 A DISTANCE OF g4.17 FRET TO THE ~T CURVA~RE OF A NON-TANGE~ CURVE, CONCAVE TO ~-i~ W~T, HAVING A A~ A CHORD OF 150.o8 FE~ D~ARING SO~-I 2 D~GRU~S 21 ~ 09 SECONDS E~T; ~-IENCE 50~H ALONG SAID CUR~, A DISTAN~ OF 150.08 ~; TI IENCE ~O~-[ S9 DEGREES 32 MIN~S 32 ~ECOND5 ~! LINE OF 5AID TRA~ 2 A DISTANCE OF 99.36 ~~ TH5 BEG~NING; ~AID D~CRIDED ~ CO~AIN~G 14,~1 5QUA~ ~L~ (0.334 A~;. MORE OR NORTI.I 00 DEGRI.=,ES 22 MINUTES 13 SECONDS WEST. PARCEL 139 SENT BY:Xerox Telecooier 7021 ; 7-18-00 ; 2:44P# ; JOE FIXEL~ 19417740225;~ 6 8 B i Ot~'IC.E' OF CAPITAL P. ROJ~'CT,S' EAST TAMIAMI TRAIL NAPLES. FLORIDA 34-112 (94-1) 77zL--8192 137 ~J o o v o z SKETCH OF DESCRIPTION N.Sg':12' W yP.O,B. 99.~6' S,89'52'32"W. C--1 Curve number R=cllus = 7684.44'. ~ --- 01'07'09' At-'c: = 150.OG' Cho~c~ = 150.08' Chor"cl '])r9, l GENERAL NnTES l). P.n.C. lndlc=~es Poin~ o? Commencem~n~ ~) P.a.~L lndlcc~tes Point oF Beginning 3) Sec. Indic=tes ~ec~lon 4) Twp. ~n~ic=~es Township 3) Rge. Indicates R=noe 8) a~sls oF Bearings Is the Vest Line oF T~ct ~ being N,OO'~'i3'V. 9) No~ v=tld unless sloned ~nd se~Le~ with the embossed AGENDA ITEM AUG 01 2000 SENT BY:Xerox TelecomJet 7021 ; 7-18-00 ; 2:45PN ; JOE F[XEL~ 19417740225;e ? 3301 OFFICE OF CAPITAL P. ROJECT$ -FAST TAMIAMI TRAIL N^PLES, FLORIDA (94 ) 77 --8 92 8 B 1 :54.1 12 PROJECT NO,_ PROJECT PARCEL NO. , TAX PARCEL NO. LEGAL DESCRIPTION (NOT A SURVIEY~ -~1opc. draina=c, u~ili~y & mnin=unanc¢ ~a~cmun= COMME- NCII~iG AT TI41~ SOUTI-IWF~T CORNER OF TRACT 2 OF THE PLAT 'I'HER~OF GOLDEN GATE ESTATES UNIT NO. 2f? A~ I~CORDED IN I'ZLAT BOOt( 1.PAGE S1 OF T11E PU[~LIC RECORDS OF COEI~R COU~rl'Y, PL&DRIDA; T~IENCE NORTI I g9 DEGR 'F_.~ES 32 MINUTES 32 SECONDS EA~T ALONG 'I3-IE SOUTZ-I LIN[i OF T'R. ACT 2 A DISTANCE OF 9').3¢~ FEh--F TO TIlE POINT OF I3EGINNING; SAID POINT BEING TI-IE 13EGINNING OF HAVING A RADIUS OF 7684.44 f~ET, A CENTRAL ANGLE OF I DEGREE. 07 MI~RJ-(~$ 09 SECONDS, AND A CHORD OF 150.05 ~ET BEARING NOR'T'I-I 2 21 MINUTES ~9 SUCONDS ~; THENC= NOR~[ ~ONG SND C~ A DISTANCE ~ONG A ~E ~NG 150 FE~ NOR~!. AS M~S~FO PERPE~I~R ~.~ 50~ U~ OF SAID ~ 2 A DIST~CE OF 40.04 FE~ ~ ~ ~ OF C~VA~RE OF A NON-TANGE~ CUR~ ~N~ TO ~H WEK. HAV~G A ~DIUS OF ~24,44 ~. A CE~L ANGLE OF 0 DEGRE~ lG M~S 43 SECONDS, ~ A CHORD OF 37.~5 ~ET ~RING ~O~i 2 DEG~ES 45 ~S 37 5ECOND~ ~T; ~ENCE 5OUTI-i ALONG 5AID CUR~, A DI~ANCE OF 37.5~ ~; ~ENC~ ~O~ 2 DEGREES 29 MIN~S 19 SECONDS E~, A DI~ANCE OF [ [ 2.56 I~ET; ~<ENCE SOUTI-I 89 DEGREES 32 M~$ 32 SECONDS ~T ALONG ~ IE SO~ LINE OF ~ 2 A DI~ANCE OF 40.57 FE~ ~ ~E ~1~ OF ~EGINNING; SAID DESCRIBED AC~. MO~ OR LESS. 13A~15 OF 131~AR/T4GS IS 'T'H~ SOUTI-( LINi~ O~ NOR'n-| 19 DRGILEES 12 MINL1TF~ 32 SECONDS AGENDA ITeM . AUG 01 20OO 8 ",' '"' '~ ~iD .... ...~,~<.~::::..'..~ '....::~. ',..,'. '~:..'.,, ;, ~ ~.'. .. '.._..: ~,,.-' .- z~'~ , - .'. ,. SENT BY:Xerox Telecop£er 7021 ; ?-18-00 ; 2:45PM ; dOE FIXEL- lg417740225;~ 8 3301 OFFICE OF CAPITAL PROJECTS F_.AST TAM[AMi TRAIL NAPLES. FLORIDA 54-112 (94-1) 774.--8192 8 S 1 I SKETCH OF DESCRIPTION 94.37' C--2 /P.D.C. o. / 99.5G' S. 89'52' 52"W. ~0.57' P.[].B. GENERAL t) PJ:LC:. indlcG"tes Point oF Commenc:emem"t: 6~ R/~ in~lc~tes being CL,4r've rlt.4mher I R~ius = 7684.44' ~ = 01'07'09' Arc = 150.08' Chord = 150.08' Chord Brg. Curve nur~ber- P- RGclius = 77E4.44' /% = 00'16'43' Ar.c = 37.55' Chord = 37.55' Chord BrG. S,0~'45'37'E, AGENDA AU$ 0 1 2000 EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE THE STIPULATED FINAL JUDGMENT RELATIVE TO THE FEE SIMPLE ACQUISITION OF PARCEL NO. 141 IN THE LAWSUIT ENTITLED COLLIER COUNTY V. ANTHONY C. PURPERO, ET AL., CASE NO. 00-0141-CA (PINE RIDGE ROAD BETWEEN CR 31 AND LOGAN BOULEVARD). OBJECTIVE: That the Board of County Commissioners approve the Stipulated Final Judgment as full and final compensation to be paid for the fee simple acquisition of Parcel No. 141 for the Pine Ridge Road Project in the lawsuit entitled Collier County v. Anthony C. Purpero, et al., Case No. 00-0141-CA. CONSIDERATIONS: On April 5, 2000, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of this easement for the roadway improvements to Pine Ridge Road between C.R. 31 and Logan Boulevard (Project No. 60111). On April 13, 2000, Collier County deposited with the Registry of the Court the sum of Nine Hundred Dollars and 00/100 ($900.00) for Parcel No. 141 in accordance with the Order of Taking. Through negotiations, the parties have reached a settlement agreement whereby the property owners, Alex S. Huszti and Veronica B. Huszti, will be fully and fairly compensated for the property interests taken for the public purposes enumerated in the resolution of condemnation (Resolution No. 99-228). 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 Thousand Eight Hundred Dollars and 00/100 ($1,800.00) to be paid to the Respondents as full compensation for the property rights taken as to Parcel No. 141. To comply with the terms of the Stipulated Final Judgment, Nine Hundred Dollars and 00/100 ($900.00) 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: Cost: $900.00; to be obligated in the budget for FY 99/00. Fund: (313) Road Construction Gas Tax Cost: Center: (163673) Surplus Gas Tax Road Construction Project Number: (60111) Pine Ridge Road GROWTH MANAGEMENT IMPACT; Consistent with Growth Management Plan. AGENDA ITE~. AU°o o 1 2000 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 an additional $900.00 into the Registry of the Court. SUBMITTED BY: e~'di l~.~ ~shton- Assistant County Attorney Date: REVIEWED BY: -c Peter Hayden, Project l~anager, Transportation,Engine/gfing Dept. / j ~ , ./ REVIEWED BY: i.'/,/" 7~'-'.~?/// ,?', :~.~- Date: Mike 1VT9I~es, J~nterim Tr~spdn~tion Administrator APPROVED BY:_f~_ ~_.'__; / ;-g_ ~...,-.__:t.,~_~__ _ - kN2 ( David C. Weig¢l County Attorney Date: h :GB\ExSum2000~Purpero-SFJ-h fa 2 AGENDA ITEM AU3 0 1 2000 pg. IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT, IN AND FOR COLLIER COUNTY, FLORIDA COLLIER COUNTY, FLORIDA, political subdivision oFthe state of Florida, Petitioner, ANTHONY C. PURP~.RO, TRUSTEl!; et aI. Respondents. CASE NO.' 00-014 I-CA PARC'I~: 141 come upon Joint Motion made by Petitioner and Respondents, THIS CAUSE having ALEX S. HUSZTI and VERONICA B. HUSZTI, for the =try era Stipulated Final Judgment as to Parcel I41, it appearing to the Court that the parties were authorized to make ~ach Motion, and the Court finding that the compensation to be paid by Petitioner is the full compensation due to the Respondent~, ALIqX S. HUSZ~ and VERONICA B. HUSZTI, and the Court being fully advised in the premises, it is thereupon ORDERF~ AND ADJUDGED that Respondents, ~ S. HUSZTI and VERONICA B. HUSZTI, have and recover t~om the Petitioner, COLLIER COUNTY, FLORIDA, the sum of One l'bouslnd Eight Hundred lad No/100 Dollar~ ($1,800.00)for parcel 141. as full payment for the property intor~ts taken and for damages resulting to the remainder, if less than the entire property was taken, and for all other damages in connection with said parcel; it is further ORD~ that the Petitioner shall deposit an additional Nine Hundred ~,nd No/100 Do!lar~ ($~00.00), mabject to the approval of the Board of County Commissioners, into the SENT BY:Xerox Telecopie~ 7021 ; 7-18-00 ; 3'08PM ; JOE FIXEL* 19417740225;# 3 registry of this Court within 45 days from the date of the Stipulated Final Judgment; and it is ORDERED that the Clerk of Court ~all immediately disburse forthwith, the sum of One Thousand Eight Hundred and No/100 Dollars ($1,800.00) to Alex S. Huszti and V~ronica B. Husati, and forward same c/o Bill and Veronica Huszti, 4365 Division Road, Windsor, Ontario, Canada, N9A 613, upon doposit in the Court Reiistry; and it is further ORDERED that title to Parcel 141, fee simple, ~ being ~11y de~:ribed in P_xhibit "A" ~Xtached hereto and incorporated herein, which vested in Petitioner pursuant to the Order of Taking dated April 5, 2000, and tho deposit of money heretofore made, is approved, ratified, and confirmed; it is further ORDERED that no artornery fees or expert fccs shall bc awarded; it is further ORDERP~ that this Stipulated Final Judgment is to be recorded in the Official Records of Collier County. Florida. DONE AND ORDERED in Chambers at the Courthour,, Naples. Collier County, Florida on this. day of ,2000. Circuit Court Judge CKRTI]rlED COPY, T. Durlmm, Legal Asat., County AtMrney's OftIce Omr~ to ~ V~o~i~ Hu~ Al~ Hu~zti 2 AUG o 12oo0 pt._ 14 , or:xerox le!ecopier 702~ ; 7-18-00 ; 3:09PM dOE FZXEL~ 1941774~225;~ 4 JOINT MOTIOl~ FOR $TIP!~J-LATED FINAL JUDGM]~NT Petitioner and Respondents, ALEX S. HUSZTI and VERONICA B. HUSZTI, hereby stipulate to the fore8oin8 Stipulated Final Judgment as to Parcel 141. Alex $. Huszti Pro Se Renpondent / Veronica B. Hu~zti Pro Se Respondent Dated: ~*.~ ~L-~ ~/oe W. Fixel, Esquire Florida Bar #0192026 FD~J. & MAOUIRE 211 South Gadsden SWeet Tallahassee, Florida 32301 Telephone: (850) 681-1800 Facsimile (850) 681-9017 and Heidi Ashton, Esquire Florida Bar #0966770 Assistant CounV] A~tomey Collier County Attorney's Office 3301 East Tam/ami Trail Naples. Florida 34112-4902 Telephone: (941) 774-8400 Facsimile: (941) 774-0225 Dated: A~tomeys for Plaintiff AC~NDA ITi~M NO. _J-- -~ AU$ 01 2000 5 BY:Xerox Telecopier 7021 ; 7-18-00 ; 3:09PM ; JOE f IXEL- 3301 OFFICE OF CAPITAL PROJECTS EAST TAMIAMI 'TRAIL .NAPLES, FLORIDA (94'1) 774--8'192 194177,40225 34112 TAX PARCEL NO. NO. · SKETCH OF 'LEGAL DESCRIPTION ('NOT A SURVEY") road r~ght of wsy, s~dewalk, utility, drainaga & maintenance BEGrlq'XT ~ POINT OF fNT~RSECTION OF ~ NO~ ~G~ OF WAY L~ OF P~ R~GE RO~ (C-R96) ~ ~ EAST ~GIU OF WAY L~ OF L~ ~O~EVA~; ~NCE NOR~ 0 DEGAS 19 ~S 10 SECO~S E~T ~ONG S~ EAST ~G~ OF WA~ L~ OF L~ BO~EVA~, A DIST~CE OF 3~.00 ~ET; ~NCE L~A~G SAD ~T ~G~ OF WAY L~ SO~ 40 DEGAS 58 M~S % 9 SECO~S ~T, A DlST~ O~ 50.61 ~ TO ~ NOR~ ~G~ ~S ~5 SECO~S ~ST ~ONO S~ NOR~ ~G~ OF WAY L~ OF P~ ~GE RO~, A ~!ST~ OF 33.40 ~ TO ~ ~I~ OF BEG~G~ S~ DESC~ED ~U CO~A~G 0.015 A~E (635 SQUARE ~, MO~ OR LESS. BASIS OF B~GS IS ~ N:OR~ ~O~ OF WAY L~ OF P~ ~GE' RO~ BE~O NOR~ 89 DEG~ES 37 ~~ 4S SECO~S ~ST. PARCI~L i 41 AUG OI 2000 8B5 3301 O.~?IC~A' O.F' CAPITAL PROJ~V'CT$ EAST. TAMIAMI TRAIL NAPLES, FLORIDA 341 ] 2 (941) 774--8192 SKETCH OF DESCRIPTION 50.00' TRACT 1 8 ~- S. 40'58'19'*E, 50.62' N. 89'.~7'45"W. PINE RIDGE ROAD PARCEL 141 GENERAL NOTre 1) P.O.C, Indicates Poln~ o? ~omm~ncement ~) P.O.~, inctickles Poln~ oF Beginning 3) Sec. Indlcotes 4) Twp. IndlcG*es Township 5) ROe. Indicates R~nge ~) R/~ Indicates Elgh~-oF-w~y 7) All dls~nces ~re In ~eet ~nd decimals 8) 9~sls oF ~e~lngs Is the No~h Pine EldDe Ro~d being N,89'37'45'~. 93 No~ vGtld unless signed Grid seated with ~he embossed se~t oR ~he proFesslonGt tGnd surveyor THIS IS ONLY A SKETCH ICH£CKEO ~ 141 J AGENOArra~ ./ ~...LL~~~'-" 'j I AU'} 01 20O0 P~. 9 J 9HEET 2 OF 2' EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS ALLOW THE OFFICE OF THECOUNTY ATTORNEY ANDRISK MANAGEMENT DEPARTMENT TO MAKE AN OFFER OF JUDGMENT IN PO?P V. COLLIER COUNTY, CASE NO. 99-3286-CA~ PENDING IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT FOR COLLIER COUNTY, FLORIDA. OBIECTIVE: Obtain Board approval for the Office of the County Attorney and the Risk Management Department to make an offer of judgement to settle the case of Poppv. Collier County, Case No. 99-3286-CA, pending in the Circuit Court of the Twentieth Judicial Circuit for Collier County, Florida. CONSIDERATIONS: Jeffrey Popp, a former County employee has sued the County and two current County employees as well as a former County employee in the case of Poppv. Collier County, Case No. 99-3286-CA. Recently, Mr. Popp offered to settle his claims against the County and the three individual defendants, all of whom are being represented by attorneys paid for by the County, for $17,000.00. The Office of the County Attorney and the Risk Management Department believe that Mr. Popp's settlement offer should be rejected; however, the Office of the County Attorney and the Risk Management Department also believe that it is now appropriate to make a counteroffer in the form of an offer of judgment in the amount of $5,000.00. This offer of judgment would be designed to settle all of Mr. Popp's claims against the County as well as the three individual defendants. Should Mr. Popp refuse the offer of judgment, and should the County and the individual defendants prevail at trial, all of the defendants would be entitled to sanctions against Mr. Popp in the form of attorneys' fees. GROWTH MANAGEMENT IMPACT: None FISCAL IMPACT: As of this date, the County has incurred approximately $5,600.00 in expenses in defending against Mr. Popp's claims. Mr. Popp is prosecuting not only the claims filed in the Circuit Court but also is continuing to pursue an appeal of the denial of unemployment benefits. Assuming that all three individual defendants as well as the County must prepare for and go to trial, it is estimated that the County may incur additional attorneys' fees and costs of between $50,000.00 and $70,000.00. By making the offer of judgment at this point, and assuming Mr. Popp would accept that offer of judgment, the County's future expenses would be limited to $5,000.00. If Mr. Popp's offer of $1 7,000.00 were to be accepted, the County's expenses would be limited to that amount. At this time, funding for any settlement or judgment would come from the County's c..~ , ...... Retention Fund, i.e., Fund No. 516-121-650. NO._ 1 AUG 0 1 2000 p~. RECOMMENDATION: The Office of the County Attorney and the Risk Management Department recommend that the Board reject Mr. Popp's settlement offer of $17,000.00 and authorize the Office of the County Attorney and the Risk Management Department to make an offer of judgment on behalf of all defendants in the amount of $5,000.00 and further authorize the Chairman to execute all necessary settlement documents should the offer of judgment be accepted by Mr. Popp. Prepared by: · Michael W. Pettit, Assistant County Attorney Reviewed and 7/~/ Approved by: ,(~'//-~-~-- Date: /~ o ~'~f~Wal ke r, Risk Management Director Reviewed and Approved by: "R~miro - '" ' Manal~ch, Chief Assistant County Attorney Oate:~'-~,7- 2- o -~ 0 h:Debbie Armstrong\Executive Summaries\Popp 2 AGENn,A ITI~M AUr'o 0 1 2000 pg. EXECUTIVE SUMMARY AUTHORIZE CHAIRMAN TO EXECUTE PERPETUAL AND UNOBSTRUCTED UTILITY EASEMENT TO FLORIDA WATER SERVICES CORPORATION, A FLORIDA CORPORATION AT THE MARCO ISLAND EXECUTIVE AIRPORT OBJECTIVE: To grant and bestow unto Florida Water Services Corporation. its successors and assigns, a perpetual and unobstructed utility easement for water service to the new t-hangars. CONSIDERATION: The Authority is constructing a new aircraft t-hangar at Marco Airport, which requires a fire hydrant. In order to provide water to the fire hydrant, Florida Water Services Corporation requires an easement. GROWTH IMPACT: None FISCAL IMPACT: None PREPARED BY: RECOMMENDATION: Authorize the Chairman of the Board of County Commissioners to approve and execute the attached easement for Florida Water Services Corporation. ~ohn H. Drury, A.A.E., Ex~ector AGENDA ITEJVI% No. pg I WATER AND WASTEWATER UTILITY FACILITIES EASEMENT THIS EASEMENT deed, made and entered into this __ day of , 2000, by COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, whose post office address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "Grantor," to FLORIDA WATER SERVICES CORPORATION, whose post office address is , its successors and assigns, hereinafter referred to as "Grantee". WITNESSETH: Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, FLORIDA WATER SERVICES CORPORATION, a Florida Corporation, the receipt and sufficiency 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 for water and wastewater utility facility 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, restrictions, and reservations of record. This easement is not over or within homestead property. TO HAVE AND TO HOLD the same unto the Grantee together with the' right to enter upon said land, excavate, and place or remove materials for the purpose of constructing, operating, and maintaining water and/or wastewater utility facilities therein. Grantor and Grantee are used for singular or plural as the context requires. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk TIMOTHY J. CONSTANTINE, Chairman Approved as to form & ~e~i s~ ua'ff~c~ ~::-r,::;y Aaml~a~t County Attorney No._ ,U'3 PROJECT NO. PROJECT PARCEL NO. TAX PARCEL NO. LEGAL DESCRIPTION A parcel of !and 20 feet in width and 400 feet in length in Section 26, Township 51 South, Range 26 East, Collier County, Florida, being contiguous with, adjoining and lying east of the following described line: Commence at the northeast comer of said Section 26; Thence along the north line of said Section 26, N88°44'06"W, 1569.50 feet; Thence leaving said north line, S12°00'00"E, 123000 feet to the north boundary line of the Marco Island Executive Airport (said Airport boundary being described in Official Record Book 2034, Page 1260, Public Records of Collier County, Florida); Thence along the northerly and westerly boundary lines of said Airport the following three courses: S78°00'05"W, 150.00 feet; Thence S12°00'00"E, 220.00 feet; Thence S77°59'56"W, 350.00 feet to a point on the westerly boundary line of said Airport (said point being S12°00'00"E, 21.50 feet from the northeast comer of Tract "Q", according to the plat of"MARCO SHORES UNIT ONE", as recorded in Plat Book 14, Pages 33 through 38, Public Records of Collier County, Florida); Thence along the westerly boundary line of said Airport, S12°00'00"E, 320.00 feet to the Point of Beginning; Thence continue along the westerly bounda~ line of said Airport, S 12 °00'00~E, 400.00 feet to the Point of Ending. SCALE:~ ,'-' ;. :, .~ - PLANNING SER' , L. .. ~ 2800 NORTH H( DRAWN BY: ~ :' ,' ' ".L: -" ' © : EXECUTIVE SUMMARY PETITION: PUD-00-3, MS. KAREN BISHOP, OF PLANNING MANAGEMENT SERVICES, INC., REPRESENTING BARTON AND WENDY MCINTYRE, REQUESTING A REZONE FROM "A" RURAL AGRICULTURE TO "PUD" PLANNED UNIT DEVELOPMENT TO BE KNOWN AS NICAEA ACADEMY PUD FOR PROPERTY LOCATED ON THE NORTHEAST CORNER OF COLLIER BOULEVARD AND TREE FARM ROAD IN SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 119-ACRES. OBJECTIVE: This petition seeks to have the subject site rezoned from "A" Agriculture to "PUD" Planned Unit Development to be known as Nicaea Academy PUD that will consist of a private school, church, child care, assisted living facility, fire station and single family residential. CONSIDERATIONS: The proposed 119-acre project is intended to be a mixed-use development that is designed around a preserve area totaling 72-acres. The 44.5-acre community facility area (Parcel 1) allows for an assisted living facility (ALF), private school, day care facility, and a fire station. It should be noted that the ALF is limited to a Floor Area Ratio of 0.45 that is consistent with the Land Development Code. There is also a 3-acre residential area (Parcel 2) that is intended for ten single-family dwellings. The petitioner indicates that the primary objective is to develop a church with a private school with an enrollment of approximately 540 students. Since the subject site is accessed from Tree Farm Road, the developer shall be required to bring this road and culvert up to County standards. The surrounding properties to the north contain the developed Crystal Lake RV Resort PUD and lands that are zoned Agriculture along Acremaker Road. To the east and south are undeveloped lands that are zoned "A" Agriculture while to the west is Collier Boulevard and the undeveloped Wyndham Park PUD. It should be noted that the subject site is designated Urban (Urban-Mixed Use District~ Urban Residential Subdistrict), as identified on the Future Land Use Map of the Growth Management Plan (GMP). This Subdistrict permits a variety of residential development types at a base density of 4 units per acre. The PUD document and Master Plan indicate that the project is intended for 10 dwelling units at a density of 3.33 units per acre which is 0.67 units per acre less than the base density of 4 dwelling units per acre the project is eligible to receive. As a result, staff is of the opinion that the requested density is consistent with the FLUE of the Growth Management Plan. In addition, certain nonresidential uses are also permitted such as community facilities including parks, child care centers, group care facilities, assisted living facilities (with a floor area ratio not to exceed 0.45), public/private schools, and churches. Therefore, the proposed uses are allowed in the Urban Residential Sub-district. 3_ 2000 EXECUTIVE SUMMARY PETITION: PUD-00-3, MS. KAREN BISHOP, OF PLANNING MANAGEMENT SERVICES, INC., REPRESENTING BARTON AND WENDY MCINTYRE, REQUESTING A REZONE FROM "A" RURAL AGRICULTURE TO "PUD" PLANNED UNIT DEVELOPMENT TO BE KNOWN AS NICAEA ACADEMY PUD FOR PROPERTY LOCATED ON THE NORTHEAST CORNER OF COLLIER BOULEVARD AND TREE FARM ROAD IN SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 119-ACRES. OBJECTIVE: This petition seeks to have the subject site rezoned from "A" Agriculture to "PUD" Planned Unit Development to be known as Nicaea Academy PUD that will consist of a private school, church, child care, assisted living facility, fire station and single family residential. CONSIDERATIONS: The proposed 119-acre project is intended to be a mixed-use development that is designed around a preserve area totaling 72-acres. The 44.5-acre community facility area (Parcel 1) allows for an assisted living facility (ALF), private school, day care facility, and a fire station. It should be noted that the ALF is limited to a Floor Area Ratio of 0.45 that is consistent with the Land Development Code. There is also a 3-acre residential area (Parcel 2) that is intended for ten single-family dwellings. The petitioner indicates that the primary objective is to develop a church with a private school with an enrollment of approximately 540 students. Since the subject site is accessed from Tree Farm Road, the developer shall be required to bring this road and culvert up to County standards. The surrounding properties to the north contain the developed Crystal Lake RV Resort PUD and lands that are zoned Agriculture along Acremaker Road. To the east and south are undeveloped lands that are zoned "A" Agriculture while to the west is Collier Boulevard and the undeveloped Wyndham Park PUD. It should be noted that the subject site is designated Urban (Urban-Mixed Use Districtl Urban Residential Subdistrict), as identified on the Future Land Use Map of the Growth Management Plan (GMP). This Subdistrict permits a variety of residential development types at a base density of 4 units per acre. The PUD document and Master Plan indicate that the project is intended for 10 dwelling units at a density of 3.33 units per acre which is 0.67 units per acre less than the base density of 4 dwelling units per acre the project is eligible to receive. As a result, staff is of the opinion that the requested density is consistent with the FLUE of the Growth Management Plan. In addition, certain nonresidential uses are also permitted such as community facilities including parks, child care centers, group care facilities, assisted living facilities (with a floor area ratio not to exceed 0.45), public/private schools, and churches. Therefore, the proposed uses are allowed in the Urban Residential Sub-district. N~. ~ 2000 The Traffic Impact Study (TIS) indicates that the proposed project will generate approximately 1,904 weekday trips at build-out. Based on staff's analysis of the applicant's TIS, the project trips will not exceed the significance test (5 percent of the LOS "C" design roadway volume) on Collier Boulevard (CR-951). As a result, this petition is consistent with Policy 5.1 and 5.2 of the TCE. The current traffic count for the segment of CR-951 south of Immokalee Road is 12,217 and is operating at LOS "C". Conversely, Immokalee Road west of CR-951 is currently operating at LOS "D"; however, it is scheduled to bc improved to 4 lanes by 2001. Therefore, this petition is consistent with Policies 1.3 and 1.4, of the TCE. Lastly, Policy 7.2 of the TCE encourages the interconnection of local streets between developments when feasible. Since the project contains a preserve area along the north and east property lines, no usable interconnection appears to be feasible. With respect to compatibility with the adjacent land uses, the permitted uses are similar to the uses approved in the Mission Church PUD that is located on the northeast comer of Vanderbilt Beach Road and Collier Boulevard. To improve the relationship and compatibility with all future development that is expected to occur to the south and east, a Type "B" landscape buffer (15 feet wide) is provided along the adjacent property line. Furthermore, all community facility structures will have a minimum 20-foot Front Yard setback. Staff is of the opinion that the relationship of the proposed private school and church uses with the Crystal Lake PUD to the will not. create incompatibilities, therefore, no mitigation is required. 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 nearby residential zoning district. Additionally, the PUD Master Plan provides 2 primary land use parcels on-site that are accessed from Tree Farm Road. 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 Urban Residential Subdistrict. The proposed PUD Document also includes the same intensity of community facility uses that was approved in the nearby Mission Church PUD. 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 church and 600 student private school: · Fire Impact Fee: · Road Impact Fee: Correctional Facilities · EMS Impact Fee: $30,000.00 $190,000.00 $13,845.00 $132 perl,000 squarefeet 2 o 1 2000 The total amount of impact fees collected at build-out will total approximately $238,295.00. 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. 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 countywide 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. ENVIRONMENTAL ISSUES: The project site is currently vegetated primarily With wetland vegetation. Native habitats on site include pine flatwoods, pine/cypress, mixed wetland hardwoods, fleshwater marsh and palmetto prairie. Five soil types occur on site and include Holopaw Fine Sand Limestone and Oldsmar Fine Sand. Jurisdictional wetlands comprise 84 percent of the site while only 34 percent of the on-site wetlands will be impacted and lost through the proposed development of the property. The remaining non-impacted wetlands (66 percent) will be preserved and enhanced through the removal exotic vegetation. Lastly, 60 percent of the project will be designated preserve and buffer. This exceeds the 25 percent native vegetation requirement in Section 3.9.5.5.3 of the 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-00-3 subject to the conditions of approval that have been incorporated into the PUD document. AG ENI~J~I~E ~ AUG 0 1 2000 ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: The Planning Services Department Current Planning Environmental and Engineering staffs have reviewed the petitioner's Environmental Impact Statement (EIS). The ElS was reviewed and approved by the Environmental Advisory Council (EAC) during their May 3, 2000 meeting subject to stipulations that have incorporated into the PUD document. This includes the requirement that all environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission (CCPC) heard this petition on July 20, 2000. They unanimously voted 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 pwjects 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. PREPARED BY: LOWS, PRINCIPAL PLANNER PLANNING SECTION ' REVIEWED BY: CURRENT PLANNING SECTION ROBER L~IRECTOR PLANNING SERVICES DEPARTMENT COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE / PUD-00-03/EX SUMMARY/RVB/rb 4 AUG o 1 2000 MEMORANDUM TO: FROM: DATE: RE: COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES APRIL 28, 2000 PETITION NO: PUD-00-3, NICAEA ACADEMY PUD OWNER/AGENT: Agent: Ms. Karen Bishop Planning Management Services, Inc. Naples, Florida 34103 Owners: Mr. Barton & Wendy Mcintyre 2200 Santa Barbara Boulevard Naples, Florida 34110 REQUESTED ACTION: This petition seeks to have the herein described land rezoned from its current zoning classification of "A" Rural Agricultural to "PUD" Planned Unit Development district to be known as the Nicaea Academy PUD. GEOGRAPHIC LOCATION: The subject site is located on the northeast comer of Collier Boulevard (C.R. 951) and Tree Farm Road in Section 26, Township 48S, Range 26E. (See location map following page). PURPOSE/DESCRIPTION OF PROJECT: The proposed 119-acre project is intended to be a mixed-use development that is designed around a preserve area totaling 72-acres. The 44.5-acre community facility area (Parcel 1) allows for an assisted living facility (ALF), private school, day care facility, and a fire station. It should be noted that the ALF is limited to a Floor Area Ratio of 0.45 that is consistent with the Land Development Code. There is also a 3-acre residential area (Parcel 2) that is intended for single family dwelling types. The petitioner indicates that the primary objective is to develop a church with a private school with an enrollment of approximately 540 students. Since the subject site is accessed from Tree Farm A~ EN~.,~TF~ Road, the developer shall be required to bring this road and culvert up to County standan .s. n,. AUG o 1 2000 I pq. ,.~ J :..':. ::;;: '.': :'::i ~ I :':::':-:':':::':::::::,:,:-::',:, ,! '~-:-:-:-:-:.:-:.:.:.:-:-:-:.:. ~ I ,¢:..'.'.'.'.'.'.'.'.'/.':'.'.'.'o' ~ :::::::::::::::::::::::::::::::::::: ., j ,'.'.'.'.'.','.'.'.'.'.'.','.'.'.'.' , :::::::::::::::::::::::::::::::::::: !, ,:.:.:.:.:.:.:.:.:.~.:.:.:.:.:.:.:.: ~,,~ ..v.v.........;,~............., '.:.:.:.:.:.:.:.: ~;.;.:.:-:.:.:! ~ ============================= ' " ':::::'~:::::::: ~ .:.:.:.:.:...:. i ' >:.':'.':' ~, ...:.:.:.:.' m ::::::::::::: ---- | ::::::::::::f ; I :.:.:.:.>:.: = ..:::::::::::::: ~ ,,~, ::::::::::::::::::::::::::::::::::::::::::::::: ~ ':.:.:.:.:.:.:.:.:.:.:.:/.'.'.'/.'.'.'.'.'.'.~ m ::::::::::::::::.~::::::::::'.:::::::::::::::: , >:.:.:.:.:.:.:.:.~.:.:.:.:.:.:.:.:.:.:::.::! ::::::::::::::::::::::::::::::::::::::::::::: .~,_-~.~ .. ============================================= ["'"""'""'*""""'"°."°*'".*".*.'.' .':".'.'>:':--'~;.'.'.'-'-'.~-'.Z ,',,-'.'-'-'-' ~ ,,!j&~~..._ .~ -"'-~-'"'-~.:-,: .,,~_ ~_~ ~' = = ~'"'= SURROUNDING LAND USE AND ZONING:' Existing:The entire 119-acre site is zoned "A" Agricultural and is currently undeveloped. Surrounding: North-Developed RV Resort and lands zoned Agriculture along Acremaker Road. The gross density of the Crystal Lake PUD is 2.89 units per acre. East - Undeveloped land that is zoned "A" Agriculture. South -Undeveloped land that is zoned "A" Agriculture West- Collier Boulevard and the undeveloped Wyndham Park PUD. GROWTH MANAGEMENT PLAN CONSISTENCY: The subject site is designated Urban (Urban-Mixed Use District, Urban Residential Subdistrict), as identified on the Future Land Use Map of the Growth Management Plan (GMP). This Subdistrict permits a variety of residential development types at a base density of 4 units per acre pursuant to the Density Rating System of the Future Land Use Element (FLUE) of the GMP. A consistency analysis with applicable elements of the GMP is as follows: FLUE and Densi~ Rating System: The proposed residential density is consistent with the Density Rating System contained in the FLUE. The PUD document and Master Plan indicate that the project is intended for 10 dwelling units at a density of 3.33 units per acre which is 0.67 units per acre less than the base density of 4 dwelling units per acre the project is eligible to receive. As a result, staff is of the opinion that the requested density is consistent with the FLUE of the Growth Management Plan. In addition, certain nonresidential uses are also penniRed such as community facilities including parks, child care centers, group care facilities, assisted living facilities (with a floor area ratio not to exceed 0.45), public/private schools, and churches. Therefore, the proposed uses are allowed in the Urban Residential Sub-district. Traffic Circulation Element (TCE): The Traffic Impact Study (TIS) indicates that the proposed project will generate approximately 1,904 weekday trips at build-out. Based on staff's analysis of the applicant's TIS, the project trips will not exceed the significance test (5 percent of the LOS "C" design roadway volume) on Collier Boulevard (CR-951). As a result, this petition is consistent with Policy 5.1 and 5.2 of the TCE. The current traffic count for the segment of CR-951 south of Immokalee Road is 12,217 and is operating at LOS "C". Conversely, Immokalee Road west of CR- 951 is currently operating at LOS "D", however, it is scheduled to be improved to 4 lanes by 2001. (See Traffic Congestion Map) Therefore, this petition is consistent with Policies 1.3 and 1.4, of the TCE. Lastly, Policy 7.2 of the TCE encourages the interconnection of local streets between developments when feasible. Since the project is entirely surrounded by an existing residential/golf course community, no usable interconnection appears to be feasible. 2 AG£ND~A_ [T~ No. I/-/~r AUG o 1 2000 Conservation and Open Space - The PUD document indicates that a combination landscape, lakes, water management areas, and qualifying open space areas (72-acres) exceeds sixty (60) percent of the gross land area. The PUD will also achieve native vegetation preservation or re-vegetation requirements of the LDC and by re-vegetation of native species, therefore the Conservation and Open Space elements of the GMP will be achieved by the PUD development strategy. Utilities 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 these 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. 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. 3 AGEND~iTEiL No. ~ AUG 0 I 2000 EVALUATION FOR ENVIRONMENTAL, TRANSPORTATION AND INFRASTRUCTURE: The subject petition has been reviewed by the appropriate staff responsible 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 Transportation Department. The Environmental Impact Statement (EIS) indicates that the subject property is a low quality wetland area that is heavily invaded by exotic Melaleuca. The Environmental staff has reviewed the EIS and their conditions of approval have been incorporated into the PUD document. The Environmental Advisory Commission (EAC) reviewed this petition on May 3, 2000 and they have recommended approval subject to staff stipulations. This includes a requirement that a surface water management permit be obtained from the South Florida Water Management District. Other jurisdictional staff members have also made recommendations for modification of PUD to ensure compliance with LDC requirements and these modifications have also been includedqn the revised PUD. This includes a requirement that the petitioner provide evidence that they can use Tree Farm Road and to bring that access up to County Standards. 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 impacts of the proposed land use change, be they positive or negative, culminating in a staff recommendation based on that overview. The listed criteria are specifically noted in Section 2.7.2.5 and Section 2.7.3.2.5 of the LDC 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. The 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 appointed and elected 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 (See Exhibits "A" and Exhibit "B"). 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. This evaluation includes an analysis of past zoning actions in the project area. Notwithstanding the above, staff in reviewing the determinants for adequate findings to support a rezoning action advise as follows: Relationship to Future Land Uses - A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use planning, refers to the relationship of the proposed zoning action to the FLUE of the GMP. 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 near the existing Crystal Lake RV Subdivision to the north, partially developed agricultural land to the south, east and west. NAoOEN~E~ 4 AUG 0 1 ;~000 The PUD Master Plan iljustrates a development permitting 10 single-family dwelling lots on a 3-acre tract. The PUD also allows 600-student private school and church facility on a 44.5oacre tract, the resulting project density of 3.33 units per acre is less than the possible eligible density of 4 units per acre. Therefore, the proposed project density is consistent with the FLUE. Relationship to Existing Land Uses: The subject PUD is abuts the Crystal Lake RV Resort which allows a density of 2.86 units per acre. This RV development is buffered from the proposed school by the 78-acre preserve area. 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. To improve the relationship with adjacent land uses, the location of future structures are proposed to be integrated around the water management lakes and landscape buffers as depicted on the PUD Master Plan. The petitioner's stated intent is to primarily construct a private school, church, assisted living facility and I 0 single-family dwelling units. Since the properties to the south and east are partially developed with low intensity residential, the proposed school and church are compatible with the surrounding areas. · The PUD document also requires a front yard setback of 20 feet, a rear yard setback of 20 feet and 7.5 feet for the side yard setback. That is similar to the nearby residential units at Vanderbilt Pines. Therefore, staff is of the opinion that the proposed development is compatible with the adjacent properties. Furthermore, the application of PUD development standards and architectural theme requirements should remove any perception that there are any incompatibilities in dwelling types with adjacent land areas. Utility Infrastructure: Both a public sanitary sewer and municipal water supplies are available to the property and will be extended as a consequence of future platting. All development must comply with surface water management requirements invoked at the time of subdividing or SDP approval. Community Services: The subject property is readily accessible to a whole range of community infrastructure that is enhanced by its interface with Collier Boulevard. Shopping centers and medical offices of various specialties are all within a short driving distance. Regarding the matter of timing, it should be appreciated that urban residential and commercial development has been approved within the immediate area. 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 GMP. PUD Document and Master Plan: The PUD document is modeled after a County Planning Services Model PUD Document in terms of format, general provisions coveting references to GMP and LDC, format for addressing land uses and development standards and development commitments. The PUD also 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 PUD's, that by actual development practice has produced aesthetically pleasing communities. The PUD Master Plan is designed around a primary access point onto Tree Farm Road that connects with Collier Boulevard. To improve the relationship with adjacent land uses, the location of future development has been integrated around preserve areas and landscape buffers as depicted on the Master Plan. 5 AO E N.D,~ IT.I~M No. ~ AUG 0 1 2000 Po. STAFF RECOMMENDATION: That the Collier County Planning Commission (CCPC) recommends approval of Petition PUD-00-3 subject to the conditions that have been incorporated in the PUD document and as otherwise described by the Ordinance of Adoption and Exhibits thereto. DATE REVIEWED BY: RONK~D F. NINO, AICP, MANAGER CURRENT PLANNING SECTION ~,O~ERT $. MUL~RE, ~fdCP, PLANNING SERVICES DEPARTMENT ~D BY: VINCENT A. CAUTERO, AICP, ADMINISTRATOR COIvlMUN1TY DEV. AND ENVIRONMENTAL SVCS. o°- ooo DATE DATE DATE Petition Number: PUD-00-3 Staff Report for ~Iuly 20, 2000 CCPC meeting. COLLIER COUNTY PLANNING COMMISSION: RUSSELL A. BUDD, CHAIRMAN PUD-00-3/STAFF REPORT/RVB/rb 6 AGENtITeM .o. £ :;~'. AUG o 1 2ooo /2, _ APPLICATION FOR PUBLIC HEARING FOR:PUD REZON~'..~ IB'll C l r'l ll ll ll r'L,O PUD00-03 31 Petition No.: Date Petition Received: U[!l L.~k~ L.~ U LI ~ ,._~ Commission District: Planner Assigned: ,General Information: Name of Applicant(s) ABOVE TO BE COMPLETED BY STAFF Barton & Wendy Mcintyre Applicant's Mailing Address City Naples State Applicant's Telephone # 941-348-9080 Name of Agent Karen Bishop Agent's Mailing Address City Naples 2200 Santa Barbara Blvd Florida Zip 34116 Fax// 941-348-8670 Firm PMS, Inc.of Naples 2335 Tamiami Trail North, Suite 408 State Florida Zip 3.4103 Agent's Telephone # 941-435-9080 Fax # 941-435-9082 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 PUBLIC !lEARING FOR PUD REZONE - 10/98 PAGE 1 zooo Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Homeowner Association: Mailing Address N/A City State Zip Name of Homeowner Association: Mailing Address N/A City State , Zip Name of Homeowner Association: . N/A Mailing Address City State Zip Name of Master Association: Mailing Address N/A City State Zip Name of Civic Association: Mailing Address N/A City State ~ Zip 2. Disclosure of Interest Information: a. 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 Bart Mcintyre Wendy MeIn _tyre Percentage of Ownership 50% 50% APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 PAGE 2 OF ~ AGENDILJTE~M ~o. / ~-~-_ AU6 0'1 2000 b. 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 c. 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 d. If the property is in the name of a GENERAL or LIMFFED PARTNERSHIP, list the name of the general and/or limited parmers. Name and Address Percentage of Ownership e. If there is a CONTRACT FOR 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 Address Percentage of Ownership APPLICATION FOR PUBLIC !lEARING FOR PUD REZONE - 10/98 Date of Contract: AUG 0 3. ;>000 PAGE 30lr'!=~' f. If any contingency clause or contract terms involve additional individuals or officers, if a corporation, parmership, or'trust. Name and Address parties, list all g. Date subject property acquired ( ) leased ( ): If, Petitioner has option to buy, indicate date of option: terminates: , or anticipated closing date Term of leaseyrs./mos. and date option h. 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. 3.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 engineers certification or sealed survey may be required. Section: 26 Township: 48 South Range: 26 East Lot: Block: Subdivision: Plat Book Page #:~ Property I.D.#: Metes & Bounds Description: $ IA of S 1/2 0fS V2. S V, of N 1/2 of S V: ofS ~/z Less R/W . OR 1359 Page 243 4.Size of property: 1,030 ft. X 5,260 ft. = Total Sq. Ft. Acres 117 5.Address/genera! location of subject property_: On CR 951 South of C~stal Lake .Resort, NE comer of Tree Farm Road APPLICATION FOR PUBI.IC IIEARING FOR PUD REZONE - 10/98 PAGE 4 OF 6 AO E N D~A_J~TE.¥ .o. AUG o 1 2000 6. Adjacent zoning and !and use: Zoning A Land use Vacant N S PUD C~stal Lakes RV Resort. E A Vacant W PUD Residential 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). Section: Township: Range: Lot: Block: Subdivision: Plat Book Page #:~ Property I.D.#: Metes & Bounds Description: 7. ~Rezone Request: This application is requesting a rezone from the zoning district(s) to the PUD zoning district(s). Present Use of the Property: Vacant Proposed Use (or range of uses) of the property:Private School, Adult Living Facilities, Recreational uses to Private Seho01, Care Takers Residence and Storm Water Managment 8. ~Evaluafion 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 applidable criteria noted below. Provide a narrative statement describing the rezone request with specific retLzc;,cq~gg-- criteria noted below. Include any backup materials and documentation in s ~ppo~°'~ request. APPLICATION FOR PUBLIC !!EAI~ING FOl~ PUD REZONE - 10/98 PAGE 5 C AUG 0 I 2000 : !5 Pg'. /q- .--.r--_.-..---. STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST NAME OF APPLICANT: Bart Mcintyre 2. MAILING ADDRESS: 2200 Santa Barbara Boulevard CITY .,, Naples STATE Florida ZIP 34116 3. ADDRESS OF SUBJECT PROPERTY OF AVAILABLE): 4. LEGAL DESCRIPTION: Section: 26 Lot: Plat Book Metes & Bounds Description: , OR 1359 Page 943 Township: 48 South Range: 26 East Block: Subdivision: Page #: Property I.D.#: S 1/2 of S I/2 of S 1/2. S V~ of N I/5 of S % of S ¼ Less R/W TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): a. COUNTY UTILITY SYSTEM XX b. CITY UTILITY SYSTEM c. FRANCHISED UTILITY SYSTEM PROVIDE NAME d. PACKAGE TREATMENT PLANT (GPD capacity). e. SEPTIC SYSTEM TYPE OF WATER SERVICE TO BE PROVIDED: a. COUNTY UTILITY SYSTEM XX b. CITY UTILITY SYSTEM c. FRANCHISED UTILITY SYSTEM PROVIDE NAME d. PRIVATE SYSTEM (WELL) 7. TOTAL POPULATION TO BE SERVED: APPLICATION FOR PUBLIC 11EARING FOR I'UD REZONE - 10DR PUD PAGE 13 O AUG o 1 2000 16/..~ __ PEAK AND AVERAGE DAILY DEMANDS: A. WATER-PEAK AVERAGE DAILY B. SEWER-PEAK AVERAGE DAILY IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: . 10. NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of affluent and sludge disposal. Ifpemolation ponds are to be used, then pemolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. I1. COLLIER COUNTY UTILITY 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 at time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. 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. Utility PFovisiou Statement RIM 10117/97 APPLICATION FOR PUBLIC !lEARING FOR PUD REZONE - 10/98 PAGE !' NO. ~ AUG 0 1 ZOO0 \ Nov-17-99 10:38A Karen K. Bishop 435-9082 P.03 W~:;I. !~a,'t,%h'lntv,'e ind Wefid¥ McInltqillt.~ first du!y sworn, depose and s~' thor we/I am/are the owing'rs ~' the properO, descr&~ herin ~d which is the subject mauer o/the pn,posed 3ea~qng: [hot all the amwers to the questions in this application. including the disdoaun? interest i~[/brmation, all sketckes, data. and ot~er a'uppleme~wT matter attach~nt to and madc a fart qfi this aFplication, are honest and true m the btu'l q/'our knowledge and beHe]~ tmdergta,d that the ~fonnuaon requested on this application must be complete and accto'ote and that the consrot o/this ]brm. w~ther computer generated or CounO; printed shall not be altered. PttbUt' hearings wdl not be advertised until this applicativn is deemed cotnplett,. and all infi~rtnation has been xubmitted .~s prol~rty owner We. 7 furrher authorize Karen K. Biskqv ax our4ny represemative in any matters regarcling thi~ Petition. algnatur~ q! rrop~r? {,m'm ,' ' 157:ed ,r/Printed ,~amc ot Owm'r Britt 3,fd,ttvre Typed vr Printed Name Of Owner . et ,:f_..Nov. fh~ /~?regqin,4 tn.~'!rument u as oc~no~dedg~'d be~b,'e me this J ~ day & idefftt]h:'ation. .5ttt! ' o./ Flortaa · County of ('oilier ure of Nots0' Public - &arc Flo}'Ma) ' , M,:lis.~a Marie Concet~cian .tTb'im. Type. or 3'tamp Commissioned ,.%'wn¢ of Nots,?, Public) UTILITY DEDICATION STATEMENT TO COLLIER COUNTY COMMUNITY DEVELOPMENT The ut~d.~r~tgt~,)Cl dc hereby sw'ea~ or afi'~rm filet they are the fee si~lFle titJe holder~ a~d owners a#ached herel~. ~e croparty d~s. cril~ed herei~ ~$- the subject of a/l application for zo~g or ~ve~t. W~ hureby to d~)~,:a~ ~a Cgii~r County Utibtie~ the water ~stdbution and se~a~ ~11ect~n facilities. and ~e ~p~,rcpdute ub~]l~ ea~e~ents w~in ~e ~oject area upon coniplegen of g~e cotistru~o~ of t~ e~'e ~;c~,~da~ce ~th a~i appleable County o~dmel~ce~ ;~ effe~ at ~at ~. We e~o ~ree ~at the O~vngr' (~i~ature). ~7~ / i;irited Owner' f'si~n~ture) ~T,~'i'E Or FLORIDA COUNTY OF COLLIER S%'~orn to (o., alfirmed~ and subscnl~o~l before me tl~is .. o~' .~ (SEAl..) ~ay of d ~'~ (,(~... ,,9 CJ(~ r~ , who is personally known to me or who has produccel as identi!;ca~ion Notary ~,ublic (Name lyped, printed or ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF May 3, 2000 Item V. II. IlL NAME OF PETITIONER/PROJECT: Petition No.: Petition Name: Applicant/Developer: Engineering Consultant: Environmental Consultant: Planned Unit Development No. PUD-00-03 Nicaea Academy PUD Barton & Wendy Mcintyre Vanasse & Daylor, LLP Tun'ell & Associates, inc. LOCATION: The subject property is an undeveloped 119 acre parcel located on the east side of Collier Boulevard (C.R. 951), approximately ~A of a mile south of Immokalee Road, in Section 26, Tomship 48 South, Range 26 East, Collier County, Florida. Tree Farm Road lies along the south side of the property. DESCRIPTION OF SURROUNDING PROPERTIES: Surrounding properties are mostly undeveloped with some agricultural uses and single family residences in the area. Crystal Lake RV Resort is located immediately north of the subject property. ZONING DESCRIPTION PUD (Crystal Lake RV Subdivision Resort PUD) Agricultural Mostly Developed Partially Developed Agricultural Partially Developed Agricultural Undeveloped R.O.W. Agricultural County Road 951 Undeveloped AUG 0 1 2000 IV. PROJECT DESCRIPTION: Ve VI. :.~T~.subject. site is located in the northeast comer of Collier Boulevard (C-R. 951) and Tree Farm Road in Section 26, Township 48S, Range 26E. The proposed 119-acre project is intended to be a mixed-use development that is designed around a preserve area totaling 72-acres. The 3-acre residential area (Parcel 2) supports single family residential dwelling units while a 44.5-acre community facility area (Parcel 1) allows for an assisted living facility (ALF), private school, day care facility, and a fire station. It should be noted that the ALF is limited to a Floor Area Ratio of 0.45 that is consistent with the Land Development Code. The petitioner indicates that the primary objective is to develop a church with a private school with an enrollment of approximately 540 students. Lastly, the subject site is accessed from Tree Farm Road which provides access to Collier Boulevard. GROXVTH MANAGEMENT PLAN CONSISTENCY: The subject site is designated Urban (Urban-Mixed Use District, Urban Residential Subdistrict), as identified on the Future Land Use Map of the Growth Management Plan (GMP). This Subdistrict permits a variety of residential development types at a base density of 4 units per acre pursuant to the Density Rating System of the Future Land Use Element (FLUE) of the GMP. The proposed residential density is consistent with the Density Rating System contained in the FLUE as follows. The PUD document and Master Plan indicate that the project is intended for 10 dwelling units at a density of 0.13 units per acre which is 3.87 units per acre less than the base density of 4 dwelling units per acre the project is eligible to receive. As a result, staff is of the opinion that the requested density is consistent with the FLUE of the Growth Management Plan. In addition, certain nonresidential uses are also permitted such as community facilities including parks, child care centers, group care facilities, assisted living facilities (with a floor area ratio not to exceed 0.45), publie/private schools, and churches. Therefore, the proposed uses are allowed in the Urban Residential Sub- district. MAJOR ISSUES: Water Management: The surface water management for this site will be permitted by the South Florida Water Management District. Discharge from the site will be into the 951 Roadside Canal. Environmental: A UG 0 1 2000 Site Description: The project site is currently undeveloped and vegetated primarily with wetland x~,~tation. Native habitats on site include pine fiatwoods, pine/eypress,_mixed wetland hardwoods, freshwater marsh and palmetto prairie. Seasonal high water elevations were determined by using watermarks and lichen lines on various trees. These levels varied between 0 and 15 inches above ground level. The surveyed elevations ranged from 12.9 feet to 13.5 feet NGVD. The proposed control elevation for the project is 13.0 feet NGVD. Five soil types occur on the subject property. These include Holopaw Fine Sand Limestone Substratum (Unit 2), Oldsmar Fine Sand, Limestone Substratum (Unit 10), Oldsmar Fine Sand (Unit 16), Riviera Fine Sand, Limestone Substratum (Unit 18), and Holopaw and Okeelanta Soils, Depressional (Unit 23). Three of the soil types, Holopaw Fine Sand Limestone Substratum (Unit 2), Riviera Fine Sand, Limestone Substratum (Unit 18), and Holopaw and Okeelanta Soils, Depressional (Unit 23), are listed as hydric by the Natural Resources Conservation Service Wetlands: Jurisdictional wetlands comprise 84 percent (100.49 acres) of the total 119.47 project acres. 34.35 acres or 34 percent of the on-site wetlands will be impacted and lost through the proposed development of the property. The remaining non- impacted wetlands (66 percent) will be preserved and enhanced through the removal of exotic vegetation. Hydrology of the wetland will be maintained and the connection of this wetland to the existing off-site drainage system will not be affected. The preserved on-site wetlands will be placed under a conservation easement with the South Florida Water Management District and a mitigation and monitoring plan for the preserved wetlands will be developed in coordination with District staff during the Environmental Resource Permit application process. Upland vegetative communities include 13.95 acres of pine fiatwoods and 5.01 acres of palmetto prairie. Approximately 74 percent (13.95 acres) of the project site uplands will be directly impacted by construction activities. Two upland communities in the eastern portion of the project will be preserved as support for the surrounding wetland preserve. Preservation Requirements: of preserve and buffer area proposed. This exceeds the 25 pement vegetation retention requirement in section 3.9.5.5.3 of the Land Develo Code. According to the conceptual plan, 48.30 acres of the 119.45 acre site will be cleared or topographically modified in some manner with 71.1'5 acres (60 percent) AGE NDA,.,kTEK, I ~ment~o.Irl, · , .~/~lt_ AUG 0 ! 2000 VII. Listed Species: P~khr. eatened-and endangered species survey was conducted according to-E-lorida Game and-Freshwater Fish Commission Wildlife Methodology Guidelines. Fieldwork for the survey was concentrated between September 14'~ and October 4' of 1999 with a total of 42 hours spent on-site, evenly divided between early morning (6:00 am - 10:00 am), midday (10:00 am - 2:00 pm), and evening (4:00 - 8:00 pm) sessions. Additional time was spent on-site in January and March 2000 which brings the total survey time up to 54 hours. - ' Listed species observed included white ibis (Eudoeimus albus), snowy egret (E~retta thula), td-colored heron (Egretta tricolor) and woodstork OVlyeteria americana). Of the listed wildlife species observed, none were actually utilizing the subject property. All were either seen flying overhead or utilizing the canals adjacent to and nmning off site. Listed plant species observed on-site included several species of bromeliads (.Tillandsia spp.) and orchids (Epidendmm spp.). These were located in the mixed wetland hardwoods and pine/cypress areas. RECOMMENDATIONS: Staff recommends approval of Planned Unit Development No. PUD-00-03 "Nicaea Academy PUD" with the following stipulations: Water Management: A surface water management permit must be obtained from the South Florida Water Management District. No clearing or excavation is allowed until proper vegetation removal and excavation permits are obtained. Environmental: Amend section 8.3(C) of the PUD document as follows by deleting the Water management 2. Delete sections 8.4 and 8.5 from the PUD document. AUG 0 1 2000 PREPARED BY: SENIOR ENGINEER STEPHEN LENBERGER ENVIRONMENTAL SPECIALIST H REVIEWED BY: ~~vl s~.I.r,ows PRINCIPAL PLANNER THOMAS E. KUCK, P.E. ENGINEERING REVIEW MANAGER I~ONALD F. NINO, AICP CURRENT PLANNING MANAGER DATE /3.00 DATE DATE No. lr"-I ~ AUG 0 1 2000 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 8626S; BY.. CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" RURAL AGRICULTURE AND "A-ST" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS NICAEA ACADEMY LOCATED AT COLLIER BOULEVARD (C.R. 951) ON THE NORTHEAST CORNER OF TREE FARM ROAD AND COLLIER BOULEVARD (C.R. 951) IN SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 119+ ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHERE.. Karen Bishop of PMS. Inc. of Naples. representing Barton and Wendy Mcintyre. petitioned the Board of County Commissioners to change the zoning classification of the here/n 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 Alp/culture and "A-ST" to "PUD" Planned Un/t Development in accordance w/th the Niceaea PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map numbered 8626S, as described in Ord/nance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. ol- .4 ';%5 SECTION TWO: This Ordinance shall become effective upon filing with the Departmcnt of State. PASSED AND DULY ADOPTBD by the Board of County Commissioners of Collier County, lqoricla, this day of -., 2000. BOAKD OF COUNTY COMMISSIONBRS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT B. BROCK, Clerk BY: TIMOTHY .I.CONSTANTINE, CHAIRIVAN Appwved as to Form and Legal Sufficiency Marjo~¢ M. ,qtudc~t Assistant County Attorney -2- NICAEA ACADEMY 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: Barton & Wendy Mcintyre 2200 Santa Barbara Boulevard Naples, FL 34116 Prepared By: PMS, Inc. of Naples 2335 Tamiami Trail; Suite 408 Naples, Florida 34103 941 / 435-9080 DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL DOCUME~ DATE 05-16-00 EXHIBIT "A" AUG o 1 2.000 TABLE OF CONTENTS SECTION TABLE OF CONTENTS PAGE ii I H III IV v vI VH viii Ix x xI STATEMENT OF COMPLIANCE ................................................ PROPERTY OWNERSHIP, LEGAL DESCRIPTION AND SHORT TITLE ................................................................................... STATEMENT OF INTENT AND PROJECT DESCRIPTION ....... PROJECT DEVELOPMENT REQUIREMENTS .......................... RESIDENTIAL PERMITTED USES & DIMENSIONAL STANDARDS. COMMUNITY FACILITY PERMITTED USES .............................. PRESERVE DISTRICT ..................................................................... ENVIRONMENTAL STANDARDS ................................................ TRANSPORTATION STANDARDS ................................................ UTILITIES AND ENGINEERING REQUIREMENTS .................... WATER MANAGEMENT REQU-IREMENTS ................................ LIST OF EXHIBITS AND TABLES EXHIBIT "A" - PUD MASTER PLAN TABLE I - LAND USE SLIMMARY ................................................4.2 TABLE H - SUMMARY OF DEVELOPMENT STANDARDS.~.... 6.3 ii 2 3 4.1-4.5 5.1-5.2 6.1-6.3 7 8.1-8.2 9 10 11 · NO. ~ AUG 0 1 2000 SECTION I STATEMENT OF COMPLIANCE The development of approximately 119 acres of property in Collier County, as a Planned Unit Development to be known as Nicaea Academy will be in compliance with the goals, objectives and policies of Collier County as set forth in the Comprehensive Plan. The proposed Development will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for each of the elements of the Growth Management Plan for the following reasons: 1.1 The subject property is located within the Urban Residential Land Use designation as identified in the Collier County Land Use Map. Objective 1 requires new or revised uses of land to be consistent with the designations outlined on the Future Land Use Map. Policy 5.1 requires the rezoning to be consistent with the Collier County Growth Management Plan. Policy 5.2 requires proposed developments to be reviewed for compliance with the comprehensive plan. All these plan objectives and policies require the proposed rezoning to be located in the appropriate land use category and assessed for comprehensive plan consistency. 1.2 The Urban Residential Sub-district designation is intended to provide for higher residential densities in areas with relatively few natural resource constraints and where existing and planned public facilities are concentrated. The designation can also allow marinas, yacht clubs and related accessory and recreational uses that include boat storage, launching facilities, fueling activities, restaurants and health clubs. The Urban Residential designation includes both residential and nonresidential land uses and would appropriately include the community facilities type of development. 1.3 The total acreage of the Nicaea Academy PUD is 119+/- acres. The maximum number of dwelling units is ten (10) on a three- (3) acre tract, which results in a maximum density of approximately 3.33 units per acre. The project density of 3.33 dwelling units per acre is in compliance with the Future Land Use Element (FLUE) of the Growth Management Plan (GMP) which allows 4.0 units per acre as a base density. The remaining Development will primarily consist of a private religious school, education facilities, church and recreation facilities, day care, adult living facilities, and a fire station, therefore since community facilities are permitted uses in the Urban Residential area they are determined to be consistent with the Collier County Growth Management Plan. 1.4 The Project shall be in compliance with all applicable county regulations, including the Growth Management Plan. 1.5 The Project will be served by a full range of services and utilities provided by the County. 1.6 The Project will be compatible and complimentary with adjacent land uses through the internal arrangement of tracts, the placement of land use buffers, and the proposed development standards contained herein. 1.1 AGE N.Q~ ~M ~ No. /r I ./ AUG 0 1 2000 1.7 The Planned Unit Development includes open spaces, natural features and a lake, which will serve to enhance the Project and improve its compatibility to surrounding properties and land uses. 1.8 All final local development orders for this Project are subject to the Collier County Concurrency Management System, as implemented by the Adequate Public Facilities Ordinance. 1.2 2.1 2.2 2.3 2.4 2.5 SECTION II .PURPOSE, LEGAL DESCRIPTION, PROPERTY OWNERSHIP AND SHORT TITLE 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 Nicaea Academy. LEGAL DESCRIPTION The subject property being: A tract or parcel of land situated in the State of Florida, County of Collier, lying in Section 26, Township 48 South, Range 26 East, and being further bound and described as follows: The South I/2 of the South 1/2 of the South I/2 less the west 100' Thereoff and the south 1/2 of the north IA of the south 1A of the south I/2, less the west 100' Thereof: all in section 26 township 48 south, range 26 east, Collier County, Florida, OR 1359 PAGE 243 The parcel contains 119 acres, more or less. PROPERTY OWNERSHIP The subject property is under unified control through contracts for purchase. The purchasers are Barton and Wendy Mcintyre hereaRer called "Applicant or Developer". GENERAL DESCRIPTION OF PROPERTY AREA The Project site is located within Section 26, Township 48 S, Range 26 E, Collier County. The parcel of approximately 119 acres is located on CR. 951, south of Crystal Lake Resort, on the northeast corner of Tree Farm Road.. The zoning classification of the subject property is A/Agriculture and A- ST/Agriculture with a special treatment overlay. SHORT TITLE This Ordinance shall be known and cited as "Nicaea Academy Planned Unit Development Ordinance". 2.1 AGENp~T~IM No. r/..~ AUG 0 1 2000 SECTION III STATEMENT OF INTENT AND PROJECT DESCRIPTION 3.1 3.2 3.3 3.4 INTRODUCTION It is the Developer's intent to establish a Planned Unit Development meeting the requirements of the Collier County Land Development Code (LDC). PROJECT DESCRIPTION The project is comprised of 119_.+ acres. Access to the site is provided from Collier Boulevard (CR. 951) via Tree Farm. The Project will provide a selected range of facilities which will be school, day care, adult living facilities, recreational facilities, classrooms, a single family detached residence and a fire station which will be complimentary to the principal uses of the site. PLAN APPROVAL The location of the land uses is shown on the PUD Conceptual Master Plan. Changes and variations in building location shall be permitted via Site Development Plan (SDP) approval in accordance with Division 3.3 of the Land Development Code. Changes and variations in building tracts may be permitted during Site Development Plan approval if at the discretion of the Development Services Manager, or his designee, so long as such changes and variations are in conformance with the substantive and procedural requirements of the Collier County Land Development Code. LAND USE PLAN AND PROJECT PHASING The phasing schedule and development intensities are approximate and are based on the best information availability of need and funding. Future development includes a school, classrooms, adult living facilities, a single family detached residence, children's care center, 'recreational facilities, cable tower and a fire station. 3.1 AGE N ~A~T Ea~. ~.. AUG o 1 20. 8 SECTION IV 4.1 4.2 4.3 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 of the tracts included in the project, as well as other project relationships. GENERAL Regulations for development of Nicaea Academy 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 Comprehensive Plan in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improvements such as Final Subdivision Plat, Final Site Development Plan, Excavation Permit and Preliminary Work Authorization. Where the regulations of this PUD Document fail to provide developmental standards, then the provisions of the most similar district in the 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. Co All conditions imposed and all graphic material presented depicting restrictions for the development of Nicaea Academy 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 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 of the Land Development Code at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance applicable to this development. SITE CLEARING AND DRAINAGE Clearing grading, earthwork, and site drainage work shall be performed in accordance with the Collier County Land Development Code and the standards and commitments of this Document in effect at the time of construction plan approval. No. /r~ 4.1 AUG o 1 2000 4.4 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A: The project Master Plan, including the use of land for the acreage noted, is iljustrated graphically by Exhibit "A", PUD Master Plan. USE NICAEA ACADEMY LAND USE SUMMARY TABLE I MAXIMUM LAND USE INTENSITY SUMMARY Maximum Size/Units ACRES Community_ Facili _ty "Parcel I" Adult Living Facility (FAR 0.45) 5.3+/- School 600 Students 39.2+/- Preserve N/A 72.0+/- Residential "Parcel II" Residential 10 3.0+/- Open Space ~ 60% of site including Lakes, Preserves, Landscape Buffers, Open Areas & Recreational Areas) This acreage includes open space or recreational areas that may be located within the residential acreage. Table I is a schedule of the intended land uses, with the approximate acreage of the total Project indicated. The arrangement of these land areas is shown on the Master Plan (Exhibit "A"). The Master Development Plan is an iljustrative preliminary development plan. Design criteria and layout that is iljustrated on the Master Development Plan and other exhibits supporting this Project shall be .understood to be flexible so that final design may satisfy development objectives and be consistent with the Project's development, as set forth in this document. Modification to all boundaries may be permitted at the time of Preliminary Subdivision Plat or Site Development Plan approval, subject to the provisions of the Collier County Land Development Code or as otherwise permitted by this PUD Document. In addition to the various areas and specific items shown in Exhibit "A", such easements as necessary (utility, private, semi-public, etc.) shall be established within or along the various tracts or acreage as may be necessary. 4.2 AG END~& IT~EM NO. ~ / UG 0 1 2000 4.5 RELATED PROJECT PLAN APPROVAL REQUIREMENTS Ao Prior to the recording of a Record Plat for all or part of the PUD, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the PUD Master Plan, and as applicable, the Collier County Subdivision Code and the platting laws of the State of Florida. Exhibit "A", 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. Do Appropriate instruments will be provided at the time of infrastructure improvements regarding any dedications and methods for providing perpetual maintenance of common facilities. Except as provided herein, the design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County Land Development Code, Division 3.2. The development of any tract or parcel approved for mixed use development contemplating fee simple ownership of land for each dwelling unit shall be required to submit and receive approval of a Preliminary Subdivision Plat in · conformance with the requirements of Division 3.2 of the Collier County Land Development Code (LDC) prior to the submittal of construction plans and a final~ plat for any portion of the tract or parcel. 4.3 lAUG 0 1 21105 4.6 4.7 4.8 4.9 4.10 PROVISION FOR OFF-SITE REMOVAL OF EARTHEN MATERIAL The excavation of earthen material and its stockpiling in preparation of water management facilities or to otherwise develop water bodies is hereby permitted. If after consideration of fill activities on buildable portions of the project site, there is a surplus of earthen material, off-site disposal is also hereby permitted subject to the following conditions: A. Excavation activities shall comply with the definition of a "Development Excavation" pursuant to Section 3.5.5.1.3 of the Land Development Code (LDC), whereby off-site removal shall not exceed ten (10) percent of the total volume excavated up to a maximum of 20,000 cubic yards. DEVELOPMENT SC.,HED ,ULE The Applicant estimates completion of improvements to the property should occur by January 2010. 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. 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 of all of the subsequent purchasers of property within said Development in which the common interest is located, that Developer shall provide appropriate legal instruments for the establishment of a Property Owners' Association or another appropriate entity whose function shall include provisions for the perpetual care and maintenance of all common facilities and, open space subject further to the provisions of the Collier County Land Development Code, Section 2.2.20.3.8. OPEN SPACE REQUIREMENTS A combination of the lakes, landscape buffers and open space shall meet the 60 percent open space requirement for development as set forth in Section 2.6.32.2 of the Land Development Code. Open space shall include all pervious green space within development parcels and lots. 4.4 AGENDA..[TEM No. ~ 4.11 4.12 Common area maintenance, including the maintenance of common facilities, open spaces and water management facilities shall be the responsibility of the Developer, their successors or assigns. 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 compliance with applicable regulations in effect at the time of development approvals. HISTORICAL/ARCHAEOLOGICAL IMPACT -- 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, a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. 4.5 AGENO~T,,~M "o. /lUG o 1 2.000 5.1 5.2 5.3 SECTION V RESIDENTIAL PERMITTED USES AND DIMENSIONAL STANDARDS PURPOSE The purpose of this Section is to identify permitted uses and development standards for Residential Tracts with the Nicaea Academy PUD and designated on Exhibit "A", PUD Master Plan. GENERAL DESCRIPllON Development areas as shown on the PUD Master Plan, are designed to accommodate a full range of principal uses, essential services and accessory uses. Actual acreage of all development areas will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Article3, Division 3.3 and Division 3.2 respectively, of the Collier County Land Development Code. All development areas are designed to accommodate internal roadways, parking, open spaces, amenity areas, water management facilities, and other similar uses. PERMITtED USES AND STRUCTURES 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 A single family detached residence A single family attached residence Any other use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible. B. Accessory Uses Landscape features including but not limited to landscape buffers, benns, fences and architecturally designed walls. Lakes including lakes with bulkheads or other architectural or structural bank treatments. 3. Water management facilities and related structures. Any other use which is comparable in nature with the foregolf which the Development Services Director determines to be c( 5.1 uses and 5.4 5.5 C. Parking Requirements Development of parking areas shall comply with Division 2.3., Off-Street Parking and Loading, of the Land Development Code in effect at the time of building permit application. D. Accesso~ Structures Accessory structures shall be constructed simultaneously with or following the construction of the principal structure(s) except for temporary construction site offices. E. Lighting Lighting shall be located so that no light is aimed directly toward an off-site property used for residential purposes, which is located within two hundred (200) feet of the light source. LAKE SETBACKS AND EXCAVATIONS The required setback to external property lines shall be thirty (30') feet if fenced. The required setback to any property line, tract line or structure internal to the development or to any structure shall be zero (0') feet. Lakes may be excavated as development excavations to a maximum depth of twenty (20') feet. EXCAVATION AND VEGETATION REMOVAL Ao Improvement of the property shall be prohibited prior to issuance of a building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under the Land Development Code or other applicable County regulations. Exceptions to this requirement may be granted by the Community Development and Environmental Services Administrator for an approved Subdivision or Site Development Plan to~ provide for distribution of fill excavated on site or to permit construction of an approved water management system, to minimize stockpiles and hauling off-site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the standar~ of Section 3.2.8.3.6. of the Code. Removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Division 3.9 of the Land Development Code. 5.2 SECTION VI COMMUNITY FACILITIES PERMITTED USES AND DIMENSIONAL STANDARDS 6.1 PURPOSE The District is intended to implement the Future Land Use Element of the Growth Management Plan by permitting nonresidential land uses as generally identified in the Urban Designation of the Future Land Use Element. These uses can be characterized as public facilities, institutional uses, open space uses, recreational uses, water-related or dependent uses, and other such uses generally serving the community at large. The dimensional standards are intended to insure compatibility with existing or future nearby residential development. This zoning district is limited to properties within the Urban Mixed Use Land Use Designation as identified on the Future Land Use Map. 6.2 PERMITIrED USES AND STRUCTURES 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. Permitted Uses 2. 3. 4. 5. 6. 7. 9. 10. 11. 12. 13. Private school, academies, nursery school, high schools Adult living facility Child day care, group day care, preschools, Churches and house of worship. Civic and cultural facilities Museums. Parks and playgrounds, noncommercial recreation facilities, open space USES. Social and fraternal organizations. Educational services. Fire station, fire department, fire prevention offices and fare marshal's offices Emergency medical services. Open space and preserve area Any other use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible. 6.1 AGEND~'E~I ~o. .t' ! .rr AUG 0 1 zooo Accessory Uses Uses accessory to permitted uses. Accessory uses and structures that are accessory and incidental to the uses permitted as of right in the CF District as it exists in the Collier County Land Development Code as of the date of approval of this PUD. Parkin~ Rec~uirements Development of parking areas shall comply with Division 2.3., Off-Street Parking and Loading, of the Land Development Code in effect at the time of building permit application. Ac~esso _ry Structures Accessory structures shall be constructed simultaneously with or following the construction of the principal structure(s) except for temporary construction site offices. Lighting Lighting shall be located so that no light is aimed directly toward an off-site property used for residential purposes, which is located within two hundred (200) .feet of the light source. 6.2 AUGO12000 I ___J TABLE II DEVELOPMENT STANDARDS FOR MIXED USE RESIDENTIAL COMMUNITY FACILITY Single Family Single Family Adult Schooi/DaycareFire Station/ Attached Detached Living FacilltY EMS Category 1 2 3 4 5 Minimum Lot Area 7,000 SF 7,000 SF 87,120 SF 43,560 SF 10,000 SF Minimum Lot Width 70 70 200 100 80 Front Yard 20 20 20 20 25 F.~0nt y.a.rd. f0r. Sid~ 10 10 10 10 10 Entry Garage Side Yard 7.5 7.5 15 20 15 Rear Yard Principal 20 20 20 20 15 Rear Yard Accessory 10 10 10 10 10 Maximum Building 35 35 35 35 30 Height Distance Between N/A N/A 15 20 25 Principal Structures Floor Area Min. 1,200 SF 1,200 SF 5,000 SF* 2,000 SF 1000 SF NOTES: BI!: Building Height: Building height shall be the vertical distance measured from the first habit~ble finished floor elevation to the uppermost finished ceiling elevation of the structure. SBH: Sum of Building Height: Combined height of two adjacent buildings for the purposes of determining setback requirements. All distances are in feet unless otherwise noted. Walls and similar structures shall have a setback of five (5') feet along the Development's boundaries along public right-of-way and a setback of two (2) feet along the other perimeter tract boundary where not abutting internal development tracts and n maximum height of 12 feet as measured from the lowest centerline grade of the nearest public or private right-of-way or easement. * The Adult Living Facility (ALF) shall not exceed a Floor Area Ratio (FAR) of 0.4S as provided for in Section 2.6.116.2.1 of the Collier County Land Development Code. 6.3 7.1 7.2 7.3 SECTION VII PRESERVE DISTRICT PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within Nicaea Academy designated on Exhibit "A", PUD Master Plan as Preserve. GENERAL DESCRIPTION Areas designated as Preserve on the PUD Master Plan are designed to accommodate a full range of conservation and limited water management uses and functions. The primary purpose of the Preserve District is to retain viable naturally functioning wetland systems, to allow for the restoration and enhancement of impacted or degraded wetland systems, and to provide an open space amenity for the enjoyment of Nicaea Academy patrons and tenants. 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: Permitted Principal Uses and Structures: A. Passive recreational areas, boardwalks, and recreational shelters. B. Nature trails, excluding asphalt paved surfaces. C. Water management structures. D. Mitigation areas. Any other conservation and related open space activity or use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the Preserve District. 7.1 AGEN AUG o 1 ooo SECTION VIII ENVIRONMENTAL STANDARDS 8.1 PURPOSE The purpose of this Section is to set forth the environmental commitments of the Developer. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by Current Planning Section Staff. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. Bo The Petitioner shall comply with the guidelines and recommendations of the Florida Fish and Wildlife Conservation Commission (FFWCC) regarding impacts to protected wildlife species. Co 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 final site plan/construction plan approval. This plan shall include the methods and time schedule for removal of exotic vegetation within conservation/preservation areas. 8.1 AUG o 1 2000 SECTION IX TRANSPORTATION REQUIREMENTS 9.1 9.2 9.4 9.5 9.6 9.7 PURPOSE The purpose of this Section is to set forth the transportation commitments of the Developer. The Developer shall provide arterial street lighting at the project entrance. Said lighting shall be in place prior to the issuance of any Certificate of Occupancy. Internal access improvements shall not be subject to impact fee credits and shall be in place before any Certificates of Occupancy are issued. All traffic control devices used shall conform with the Manual on Uniform Traffic Control Devices as required by Chapter 316.0745, Florida Statutes. All median openings and driveway locations shall be in accordance with the Collier County Land Development Code and Access Management Policy, as amended. Median access and control shall remain under County control unless established via a right-of- way agreement between the Board of County Commissioners and the Developer. The project access location shall be approved prior to Site Development Plan submittal. At this time, the Developer shall provide evidence that it can utilize Tree Farm Road (a private road) for project access pending title search ownership results. Work within the Collier County right-of-way shall meet the requirements of Collier County Right-of-Way Ordinance No. 93-64. 9.1 AUG o 1 2000 PO. -~- - SECTION X UTILITIES AND ENGINEERING REQUIREMENTS 10.1 10.2 10.3 PURPOSE The purpose of this Section is to set forth the utilities and engineering commitments of the Project Developer. PURPOSE Water distribution, sewage collection and transmission lines to serve the Project are to be designed, constructed, conveyed and/or owned and maintained in accordance with Collier County Ordinance No. 97-17, as amended, and other applicable County rules and regulations. Bo All customers connecting to the water distribution and 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. ENGINEERING ho Detailed paving, grading, site drainage and utility plans shall be submitted to the Development Services Department 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 the Development Services Department. Bo Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County Land Development Code. The Developer and it's successors and assigns shall be required to satisfy the 'requirements of all County ordinances or codes in effect prior to or concurrent with any subsequent development order relating to this site Prior to Final Site Development Plan approval a right-of-way permit shall be obtained, if required. 10.1 AUG 0 1 gOO0 I ! ! ! ! ! ! ! ! EXECUTIVE SUMMARY PETITION CU-2000-06 DAVID W. RYNDERS, REPRESENTING JAMES K. KEISER, REQUESTING CONDITIONAL USE "14" OF THE "A" ZONING DISTRICT FOR A SOCIAL CLUB PER SECTION 2.2.2.3. FOR OUTDOOR SUNBATHING FOR PROPERTY LOCATED AT 1311 PET RANCH ROAD, IN SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 8.71 +/- ACRES. OBJECTIVE: The petitioner is seeking Conditional Use "14" of the "A" Rural Agricultural zoning district in order to allow for an existing Social Organization to remain on site. PURPOSE/DESCRIPTION OF PROJECT: The petitioner is proposing to legitimize an existing social club in which persons reportedly engage in social and recreational activities and who are not clothed. Existing facilities include: an enclosed pole barn with kitchen facilities, restroom facilities, an office, deck and hot tub; a sunbathing area adjacent to an existing lake; a dock and boat ramp facility; an outdoor barbecue pit/picnic area, and a parking area. The subject'property is a partially developed 8.71-acre site located between Whippoorwill Lane and 1-75, approximately one-half mile south of Pine Ridge Road. Approximately 2 +/- acres of the site consists of developed upland, the remaining portions of the site, approximately 6 +/- acres is comprised of a lake. Access to the site is provided from Whippoorwill Lane, Nighthawk Drive and a driveway located off of Pet Ranch Road. CONSIDERATIONS: The site fronts on a lake, which abuts 1-75 to the east. Access to the site is from Pet Ranch Road, which according to the property owner, is an improved, state owned and maintained access easement along the western property boundary of the site. Access to Pet Ranch Road is provided from Nighthawk Drive, an unimproved private, dirt/limerock road that intersects with Whippoorwill Lane. Several residential and mixed-use Planned Unit Developments (PUD) which front Whippoorwill Lane and the future Livingston Road extension have been approved and/or are planned to develop in that area. The Board of County Commissioners recently approved staff's recommendation to create an east/west link between Whippoorwill Lane and Livingston Road just north of the Wyndemere PUD, at the section line. The Traffic Circulation Element and the County's Trafficways Map will be amended to show this link and Whippoorwill Lane as an Urban Collector Roadway. Whippoorwill Lane (currently unimproved) will be improved to a 2-lane collector roadway once surrounding PUD's are developed. 2O00 PROS/CONS: The list below contains a summary of the evaluation of the criteria, which are specifically noted in Section 2.7.4.4. of the Land Development Code requiring staff evaluation and comment, and used as the basis for a recommendation for approval or denial by the Planning Commission to the Board of County Commissioners. PROS: The subject site is generally cleared and developed with scattered structures. Presently, all surrounding properties are undeveloped. A private road abuts the site to the west and 1-75 abuts the site to the east. According to the petitioner, activities that occur on site consist of sunbathing, outdoor bar-b-cues, a monthly potluck supper, and an occasional membership meeting. Some of these outdoor activities are generally customary to residential zoning districts and noise levels should not be detrimental to surrounding properties mainly because they are undeveloped. Additionally, there should be no glare, economic or odor effects associated with the use as requested. CONS: Approvals are in place to allow surrounding land to be developed for single family and multi-family residential developments. At buildout, the surrounding area will be developed with approximately 2,500 dwelling units. The element of privacy the club currently enjoys will be significantly diminished at the onset of development and may be difficult to achieve due to the proximity of surrounding, approved projects. Development of the surrounding area may likely increase the possibility of curious onlookers, necessitating security of the site. Compatibility may be difficult to achieve in terms of the need for privacy for both the users of the site and abutting property owners, and security of the subject site due to its proximity to planned future developments in the area, resulting in increased pedestrian and vehicular traffic in the area. FISCAL IMPACT: This conditional use request by and of itself will have no fiscal impact on the County. The use is already in existence. According to the Code Enforcement Department, a number of structures on site were built without first obtaining building permits. Recommendations stipulated as conditions of approval will require the property owner bring the site up to the current Land Development Code regulations. This will entail the approval of a Site Development Plan and the obtaining of any required building permits and inspections. From this respect, the County will realize some fiscal impact in association with the collection of fees associated with these types of processes. Additionally, it is staff's understanding that there are significant fines associated with the existing Code violations on the site. At the termination of all Code cases against the property owner, the County should realize some fiscal impact that is undetermined at this time. As currently zoned, the property owner would be eligible to construct one single family dwelling unit. The fiscal impacts associated with the construction of a single family dwelling unit are described as follows: AUG 0 1 2000 Page 2 of 2 of Exhibit D CU-2000-06 Within ninety (90) days of Conditional Use approval, the developer shall install a six (6) foot high perimeter fence and secure gate at the driveway. The fence shall be located along the north, south and west boundaries adjacent to the internal boundary of the required landscape buffer. Within ninety (90) days of Conditional Use approval, the property owner shall remove and properly dispose of or properly store all scrap metal, litter, tools, abandoned vehicles and campers from the subject site. AUG 0 1 2000 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. PLANNING SERVICES STAFF RECOMMENDATION: Staff recommends that Collier County Planning Commission recommend approval of Petition CU- 2000-06 subject to the stipulations as outlined in the i'esolution of adoption. EAC RECOMMENDATION: The petition was administratively reviewed on behalf of the EAC and staff addressed those matters jurisdictionally within their purview and to the extent necessary provisions were made part of the stipulations in the Resolution of Adoption. PLANNING COMMISSION RECOMMENDATION: At the Planning Commission meeting held on June 15, 2000, the Planning Commission voted unanimously to forward a recommendation for approval of CU-2000-06 to the Board of County Commissioners subject to staf?s stipulations as outlined in the resolution of adoption. AUG 0 1 2000 Current Agricultural Zoning District 8 acres / 1 sfdu per 5 acres = 1 sfdu 1 s.f. x $578.00 (parks) -= $578.00 1 s.f. x $180.52 (library) = $180.52 1 s.f. x .15 x 1000 sq ft (fire) = $150.00 1 s.f. x $1,778 (schools) = $1,788.00 1 s.f. x $1,379 (roads) = $1,379.00 1 s.f. x .005 x 1,000 (radon) = $5.00 1 s.f. x .005 x 1,000 (bldg code) = $5.00 1 s.f. x $1.50 (microfilm) = $1.50 1 s.f. x 14.00 (EMS)-- $14.00 Total 1 s.L du generate = $4,101.02 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. GROWTH MANAGEMENT IMPACT: This petition will have no impact on the County's Growth Management Plan. Traffic Circulation Element: Staff has reviewed the petitioner's request and has the following comment: The proposed use may generate approximately 15 to 25 trips per weekday and 28 to 42 trips on the weekend. Some special events may generate up to 80 trips. Based on this data, the site-generated traffic will not exceed the significance test standard (5 percent of the LOS "C" design volume) on Whippoorwill Road. In addition, this petition will not lower the level of service below any adopted LOS "D" standard within the project's radius of development influence (RDI). Therefore, the project is consistent with Policy 5.1 and 5.2 of the Traffic Circulation Element (TCE). Staff has reviewed the layout of the site plan from a planning and traffic safety standpoint and finds the following: The existing access points from Pet Ranch Road provides clear sight distance for users of the club and motorists using Pet Ranch Road and Nighthawk Lane. ENVIRONMENTAL ISSUES: There are no environmental issues that have been identified by staff upon review of this petition. This land use petition was not required to be heard before the EAC. AUG 0 1 2000 v PREPARED BY: USAN MURRAY, AICP ~ CHIEF PLANNER DATE REVIEWED BY: CURRENT PLANNING SECTION DATE RC~BE~T J. MULt/I~RE, AICI~, DIREC~R PLANNING SERVICES DEPARTMENT DATE APPROVED BY: ? VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEVELOPMENT & ENV. SVCS. DIVISION DATE Petition Number: CU-2000-06, Keiser NOTE: This Petition has been tentatively advertised for the August 1, 2000 BCC meeting. AUG 0 1 2000 majority of that landscaped area is infested with Brazilian Pepper. The pepper/landscape buffer also runs along the north and south property boundaries. The site fronts on a lake, which abuts 1-75 to the east. Access to the site is from Pet Ranch Road, which according to the property owner, is an improved, state owned and maintained access easement along the western property boundary of the site. Access to Pet Ranch Road is provided from Nighthawk Drive, an unimproved private, dirt/limerock road that intersects with Whippoorwill Lane. Several residential and mixed-use Planned Unit Developments (PUD) which front Whippoorwill Lane and the future Livingston Road extension have been approved and/or are planned to develop in that area. The Board of County Commissioners recently approved staff's recommendation to create an east/west link between Whippoorwill Lane and Livingston Road just north of the Wyndemere PUD, at the section line. The Traffic Circulation Element and the County's Trafficways Map will be amended to show this link and Whippoorwill Lane as an Urban Collector Roadway. Whippoorwill Lane (currently unimproved) will be improved to a 2- lane collector roadway once surrounding PUD's are developed. Sewage disposal and the potable water supply will be provided by on-site systems (well and septic). SURROUNDING LAND USE AND ZONING: Existing: The subject 8.71-acre site is currently.developed with an enclosed pole barn, an outdoor grill, docks, and unimproved parking area. Surrounding: North: The property to the north is zoned "PUD", Whippoorwill Lakes PUD which is approved for development of 518 dwelling units at a density of 6.74 dwelling units per acre. The land is currently undeveloped. South: The property immediately abutting the site to the south is zoned Agricultural, Further south, the property was recently rezoned to PUD (Whippoorwill Woods PUD) and has been approved for development of 462 dwelling units at a density of 5.51 dwelling units per acre and is currently undeveloped. East: The property to the east is comprised of a Lake and the 1-75 right-of-way. West: The property to the northwest was recently rezoned to PUD (Whippoorwill Lakes PUD) and has been approved for development of 518 dwelling units. The property to the southwest was recently rezoned to PUD (Whippoorwill Pines PUD) and has been approved for development of 180 dwelling units. GROWTH MANAGEMENT PLAN CONSISTENCY: This petition has been reviewed by the appropriate staff for compliance with the applicable elements of the Growth Management Plan (GMP) as noted below: Future Land Use Element: The subject site is designated Urban (Urban Mixed Use District, Urban Residential Subdistrict) on the Future Land Use Map of the Growth Management Plan. The Urban designation permits non- residential land uses, including parks, recreation and open space uses, and community fac I/'_:'::AC, E~' ~ .o. 2 AUG 0 1 2000 MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: PLANNING SERVICES DEPARTMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION DATE: MAY 19, 2000 PETITION NO: CU-2000-06, KEISER LANDING/SOUTHERN EXPOSURE AGENT/OWNER: Agent: David W. Rynders, Attorney-at-Law 305 Wedge Drive Naples, FL 34103 Owner: James K. Keiser c/o 305 Wedge Drive Naples, FL 34103 GEOGRAPHIC LOCATION: The subject site is located south of Pine Ridge Road on the east side of Pet Ranch Road at the end of Nighthawk Road, which presently connects to Whippoorwill Lane. Specifically in Section 18, Township 49 South, Range 26 East, Collier County Florida. REQUESTED ACTION: The petitioner is seeking Conditional Use "14" of the "A" Rural Agricultural zoning district in order to allow for an existing Social Organization to remain on site. PURPOSE/DESCRIPTION OF PROJECT: The subject property is a partially developed 8.71-acre site located between Whippoorwill Lane and 1- 75, approximately one-half mile south of Pine Ridge Road. Approximately 2 +/- acres of the site consists of developed upland, the remaining portions of the site, approximately 6 +/- acres is comprised of a lake. Access to the site is provided from Whippoorwill Lane, Nighthawk Drive and a driveway located offof Pet Ranch Road. The petitioner is proposing to legitimize an existing social club in which persons reportedly engage in social and recreational activities and who are not clothed. Existing facilities include: an enclosed pole barn with kitchen facilities, restroom facilities, an office, deck and hot tub; a sunbathing area adjacent to an existing lake; a dock and boat ramp facility; an outdoor barbecue pit/picnic area, and a parking area. There exists a 330 foot long Ficus and Coco Plhrn Hedge along Pet Ranch Road, howevery the I AUG 0 1 2000 CRITERIA EVALUATION: The Current Planning staff has coordinated 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 impacts of the proposed land use change, be they positive or negative, culminating in a staff recommendation based on that comprehensive overview. The below ~listed criteria are specifically noted in Section 2.7.4.4. of the Land Development Code thus requiring staff evaluation and comment, and shall be used as the basis for a recommendation for approval or denial by the Planning Commission to the Board of County Commissioners. Each of the potential impacts or considerations identified during the staff review are listed under each of the criterion noted below, and are categorized as either pro or con as 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. CONDITIONAL USE: a. Consistency with the Land Development Code and Growth Management Plan. Pro: The requested use is consistent with the applicable elements of the GMP and provisions of the LDC. Con: Not applicable in view of the consistency evaluation with the GMP and LDC. Summary Conclusion: The proposed use is authorized in the Urban (Urban Mixed Use District, Urban Residential Subdistrict) in the "A" Rural Agricultural zoning district, which provides for the requested uses as conditionally permitted uses. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire and/or catastrophe. bm Pro: Access to the site is from Pet Ranch Road which is located offof Nighthawk Drive, which is accessed from Whippoorwill Lane. Ingress and egress to the site is provided via a driveway connection located off of Pet Ranch Road. The location of the driveway entrance should not have a negative impact on traffic flow or access. Con: Access to the site is provided via a private road a portion of which is currently improved (Pet Ranch Road) and a portion of which is unimproved. The unimproved portion, Nighthawk Drive, is comprised of a 60-foot private access easement, which rims from Whippoorwill Lane to Pet Ranch Road for approximately 1/2 mile. Vehicles traveling to and from the site will generate dust and exacerbate maintenance problems on the existing dirt road. Due to the current lack of development surrounding the subject site, the impact of the dust on neighboring developed properties will be minimal. However, the recently approved Whippoorwill Lakes PUD abuts the north side of Nighthawk Drive and Whippoorwill Pines abuts the ~n,+~- ~;~ ^c J / AUG 0 I 2000 / including social and fraternal organizations. Policy 5.4 of the Future Land Use Element requires new land uses to be compatible with the surrounding area. A compatibility analysis is conducted as part of the conditional use petition review process and is explained herein. Based on the above analysis, staff concludes the proposed use for the subject site can be deemed consistent with the Future Land Use Element. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located outside an area of historic/archaeological probability as designated on the official Collier County Probability Map. 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 a 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. Traffic Circulation Element: staff has reviewed the petitioner's request and has the following comment: The proposed use may generate approximately 15 to 25 trips per weekday and 28 to 42 trips on the weekend. Some special events may generate up to 80 trips. Based on this data, the site-generated traffic will not exceed the significance test standard (5 percent of the LOS "C" design volume) on Whippoorwill Road. In addition, this petition will not lower the level of service below any adopted LOS "D" standard within the project's radius of development influence (RDI). Therefore, the project is consistent with Policy 5.1 and 5.2 of the Traffic Circulation Element (TCE). Staff has reviewed the layout of the site plan from a planning and traffic safety standpoint and finds the following: The existing access points from Pet Ranch Road provides clear sight distance for users of the club and motorists using Pet Ranch Road and Nighthawk Lane. Other Applicable Element: Other applicable elements are those typically evaluated at the time of subsequent development approvals and generally deal with infrastructure. To the extent that improvements to infrastructure and/or extension of available public utilities are required, these will be mandated at the time of approval of the required site development plan. EVALUATION FOR ENVIRONMENTAL, TRANSPORTATION AND INFRASTRUCTURE: The appropriate staff responsible has reviewed the subject 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 Transportation Services Division staff. 3 2000 de will be affected by noise related to the use of the subject site. Increased traffic volumes and higher levels of activity may occur should there be an increase in the utilization of the club above that which is currently occurring on the site. The installation of a significant landscape buffer and fencing may help mitigate these conditions to some extent. Compatibility with adjacent properties and other property in the district. Pro: The current activity level and type of uses which occur on site are generally of low intensity and could be considered compatible with surrounding properties because they are presently undeveloped. Con: The subject property at one time was located in what could be considered a relatively remote location of the County. Relative to the nature of the use in relationship to its surroundings, and the need of the club members for privacy, compatibility should also be evaluated in terms of the potential for visual and physical intrusion by non-club members. A significant number of planned projects in the area have been approved, and several projects in the area are pending approval. When rezoning approvals in this area are complete, approximately 2,500 dwelling units will be authorized for development. These planned developments surround the remaining Agriculturally zoned property abutting the lake including the subject site, thus, significantly diminishing the ability to achieve privacy, and greatly increasing the likelihood of physical and visual intrusion by non-club members. Development approvals for the three abutting PUDs (Whippoorwill Lakes, Whippoorwill Pines and Whippoorwill Woods) allow for 3-story multi-family development at a maximum height of 45 feet. Whippoorwill Lakes PUD abuts the subject site to the north and encompasses a portion of the same lake utilized by the club. Residential development areas shown on the PUD Master Plan indicate development will likely occur abutting the lake. Should multi-family development occur adjacent to the lake, privacy would be almost impossible to achieve on land without a mature landscape buffer of significant height and width to screen the properties from each other. This type of landscape buffer does not exist on the subject site nor does it exist on the neighboring property to the north. It would not be possible to instantly create such a buffer with landscape plantings. The ability to screen views from neighboring properties along the property boundaries through the lake will not be possible to achieve. The development planned for that area will significantly increase traffic to the area, which will likely increase the possibility of curious onlookers. For that reason, security of the site by way of a fence and gated entrance is necessary. Summary Conclusion: Approvals are in place to allow surrounding land to be developed for single family and multi-family residential developments. At buildout, the surrounding area will be developed with approximately 2,500 dwelling units. The element of privacy the club currently enjoys will be significantly diminished at the onset of development and may be difficult to achieve due to the proximity of surrounding, approved projects. Development of the surrounding area may likely increase the possibility of curious onlookers, necessitating security of the site. Compatibility may be difficult to achieve in terms of the need for privacy for both the users of the site and abutting property owners, and security of the subject site due to its proximity to planned future developments in the area, resulting in increased pedestrian and vehicular traffic in the area. ~ i'rraa 6 AUG 0 1 2000 Ce Nighthawk Drive. Future residential development planned for this PUD which abuts Nighthawk Drive may be negatively impacted from dust from the unimproved roadway surface. Summary Conclusion: The major points of ingress and egress to the improved portion of the site are already established and functioning due to the existence of the social club. Based on the existing layout of the site plan coupled with the condition of low traffic volumes and clear sight distances from access points, the access driveway from Pet Ranch Road should produce sufficient operating conditions. Access geometry and on-site traffic circulation will be subject to approval at the time of Site Development Plan approval. Since Nighthawk Drive functions as the primary access to residential land uses and the subject site, the additional trips from the social club may have a detrimental effect on Nighthawk Drive in terms of increased maintenance requirements, and may create additional dust and noise which could negatively affect other users of the road, or nearby planned residential communities. For these reasons, stipulations in the resolution of adoption are recommended in order to reduce these negative impacts. The effect the conditional use would have on neighboring properties in relation to noise, glare, economic or odor effects. Pro: The subject site is generally cleared and developed with scattered structures. Presently, all surrounding properties are undeveloped. A private road abuts the site to the west and 1-75 abuts the site to the east. According to the petitioner, activities that occur on site consist of sunbathing, outdoor bar-b-cues, a monthly potluck supper, and an occasional membership meeting. Some of these outdoor activities are generally customary to residential zoning districts and noise levels should not be detrimental to surrounding properties mainly because they are undeveloped. Additionally, there should be no glare, economic or odor effects associated with the use as requested. Con: To the north and west, property is zoned PUD and is undeveloped, but is approved for single family and multi-family development. Further south, the property is zoned PUD which allows for single family and multi-family development, although it is currently vacant. As these properties build out, there will be an increased likelihood that neighboring properties may be affected by noise or activities related to the use of the subject site. Increased traffic volumes and higher levels of activity may occur should the social club become utilized above th.e level at which it is currently operating. Although the current activity levels on site are relatively low when compared to the level of membership, the potential for increased usage of the site exists. According to the petitioner, the club presently has approximately 250 members, half of which are Collier County residents. Additionally, the site is also being used for outdoor storage of camping trailers and scrap metal that appears to be unrelated to the use of the site as a social organization. The use of the site for outdoor storage of scrap metal is unrelated to the requested conditional use and is not permitted by right in the Aghcultural zoning district. Summary Conclusion: Properties immediately abutting the site are presently undeveloped, however, surrounding properties to the north, west and south were recently approved to allow single family and multi-family development at densities of 5.51 to 7.1 dwelling units per acre. As these properties build out, there will be an increased likelihood that neighboring AUG 0 1 2000 // iii Within ninety (90) days of Conditional Use approval, the developer shall install a six (6) foot high perimeter fence and secure gate at the driveway. The fence shall be located along the north, south and west boundaries adjacent to the internal boundary of the required landscape buffer. Within ninety (90) days of Conditional Use approval, the property owner shall remove and properly dispose of or properly store all scrap metal, litter, tools, abandoned vehicles and campers from the subject site. 8 AUG 0 1 2000 STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission recommend approval of Petition CU-2000-06 for Conditional Use 14, Social and Fraternal organizations, subject to the following conditions: The Planning Services Department Director may approve minor changes in the location of the use within the building or structures and improvements authorized by the conditional use. Expansion of the uses identified and approved within this conditional use application, or major changes to the site plan submitted as part of this application, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Division 3.3, Site Development Plan Review and approval, of the Collier County Land Development Code (Ordinance No. 91-102). Do If, during the course of site clearing, excavation or other construction activity, an historic 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. c. An appropriate portion of native vegetation shall be retained on site as required in section 3.9.5.5.4. of the Collier County Land Development Code. Within 30 days of conditional use approval, the petitioner shall initiate an exotic vegetation removal/maintenance program for the subject property. This removal/maintenance program shall be implemented on a yearly basis at a minimum. The petitioner shall obtain Site Development Plan (SDP) approval for the site within six (6) months of Conditional Use approval by the Board of County Commissioners. Within sixty (60) days of approval of the Conditional Use petition by the Board of County Commissioners, the property owner shall submit a completed application for Site Development Plan approval to Collier County. f. Concurrent with the Site Development Plan approval process, the property owner shall apply for building permits for all non-permitted structures on site. The property owner shall obtain necessary inspections and a Certificate of Occupancy for the site. go Within ninety (90) days of Conditional Use approval, the developer shall install a minimum of a twenty (20) foot wide, Type D vegetative buffer along the west, north and south property boundaries. The buffer shall be designed to be 100 percent opaque at planting at a minimum height of twelve (12) feet. The developer shall retain existing native vegetation within these buffers to the greatest extent possible. The portion of Nighthawk Lane from its intersection with Whippoorwill Lane to Pet Ranch Road shall be maintained in a dust free condition. AUG 0 1 2000 APPLICATION FOR PUBLI5 HEARING FOR: COA~DITIONAL USE ~'~ Date Petition Received: ............... Petition No.: ABOVE TO BE COMPLETED BY STAFF General Information Applic~t'sTel~hone~ ~q ~ ~qq~ F~ ~,~,~ -~x~ / ciw ~ ~a ~/¢x zip ~ / v~ Agent's Telephone state ~'..C.. /-( Z %' ~..? T D Fax# 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 PUBLIC HEARING FOR CONDITIONAL USE - 6/98 PAG AUG o 12000 I OF I$ PREPARED BY: · SUSAN MURRAY, AICP CHIEF PLANNER DATE REVIEWED BY: RONALD F. NINO, AICP CURRENT PLANNING MANAGER DATE ROBE~R J. MULHERE, AICP PLANNING SERVICES DIRECTOR DATE APPROVED BY: >' ;/ / ,;' ~ - _...~_ 71 V~CENT A. CAUTERO, AICP, ~M~IST~TOR DATE COMM~ITY DEVELOPMENT & E~IRON. SVCS DIVISION Staff Report for the June 15, 2000. This petition is tentatively scheduled for the August 1, 2000 BCC meeting. COLLIER COUNTY PLANNING COMMISSION: l: I ? RUSSELL A. BUDD, CHAIRPERSON 9 /7/5 AUG 0 1 2000 If' the property. is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name, 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 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 eo If there is a CONTRACT FOR 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 Address Percentage of Ownership Date of Contract: APPLICATION FOR PUBLIC HEARING FOR CON!~rrlONAL us~. - 6/ss PA£ 2000 Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Homeowner Association: Mailing Address City State ~ Zip 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 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 ownerslffp intereat as well as the percentage of such interest. (Use additional sheets if necessary). Namedand Addres~ , Percentage of Ownership APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 6/98 6. Ad_iacent zoning and !and use: Zoning Land use N ~ L"" ,,Ld Does property owner own contiguous property to the subject prop~so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). Section: ~!/~ Township: Range: Lot: Block: Subdivision: Plat Book~ Page #: Property I.D.#: Metes & Bounds Description: Typ_e of Conditional Use: This application is requesting conditional use # I q the/~)~ district for cr~£ o~ us~)~,~ ~A l.. ~,..'t~oc,L ~t,~,v £~ rk'?,,,~,.~ of Present Use of the Property: Evaluation Criteria: Provide a narrative statement describing this request for conditional use. NOTE: Pursuant to Section 2.7.4. of the Collier County Land Development Code, staffs recommendation to the Planning Commission and the Planning Commission's recommendation to the Board of Zoning Appeals shall be based upon a finding that the granting of the conditional use will not adversely affect the public interest and that the specific requirements governing the individual conditional use, if any, have been met, and that further, satisfactory provision and arrangement have been made concerning the following matters, where applicable. Please provide detailed response to each of the criterion listed below. Specify how and why the request is consiste ~t ~a,~, o--- (Attach additional pages as may be necessary). P2 APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 6/911 2000 If any contingency clause or contract terms involve additional individuals or officers, if a corporation, parmership, or trust. Name and Address parties, list all go Date subject property acquired (t3deased ( ):/ff ~gS-~Term of lease If, Petitioner has option to buy, indicate date of option: terminates: , or anticipated closing date yr./mos. and date option Should any changes of ownership or changes in contracts for purchase 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 required. Section: t/~'"' Township: d./ 7 Range: Lot: Block: Subdivision: Plat Book Page #: Property I.D.#: Metes & Bounds Description:~xJ t/a, ~'~ Address/~ener.l location of ,ubj~t prope~; APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 6/98 PA~ 2000 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 !and use petitions on the sub_leer property_: To your knowledge, has a public hearing been held on tl'fis property within the last year? If so, what was the nature of that hearing? t~ ~ /~'.~_.._- Additional Submittal requirements: In addition to this completed application, the following must be submitted in older for your application to be deemed sufficient, unless otherwise waived during the preapplication meeting. a. A copy of the pre-application meeting notes; Eleven (I 1) copies 'of a 24" x 36" conceptual site plan [and one reduced 81/a" 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 structure(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], · locations of solid waste (refuse) containers and service function areas, · 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, · location of all signs and lighting including a narrative statement as to the type, character, and dimensions (such as height, area, etc.); An Environmental Impact Statement (EIS), as required by Section 3.8. of the Land Development Code (LDC). APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 6/98 PAGE AUG o 120OO OF 15 ao Describe how the project is consistent with the Collier County Land Development Code and Growth Management Plan (include information on how the request is consistent with the applicable section or portions of the future land use element): Describe the existing or planned means of ingress and egress to the property and proposed structure thereon with particular reference to automotive and pedestrian :ataf~stYtropanhde :: °nve~n~ t rai~ t~ ~an~,? ~°~trc,)~ and access in case of fire or Co Describe the effect the conditional use will have on neighboring properties in relation to noise, glare, economic impact and odor: // do Describe the site's and the proposed use's compatibility with adjacent properties and other properties in the district: ,~ ,~P .( ~,'" ~ ~.~, ',d,~.~ ~/"~' .-~)'~' ~'~-- e. Please provide any additional information which you may feel is relevant to this APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE- (i/98 P 2000 10. 11. 12. TOTAL POPULATION TO BE SERVED: PEAK AND AVERAGE DAILY DEMANDS: A. WATER-PEAK ,,J' ,* AVERAGE DAILY B. SEWER-PEAK ~' / ~'~ AVERAGE DAILY IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: ~'/, ~- . NARRATIVE STATEMENT: ~rovide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of effluent 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. ~¥__~_ ,~.2/.~/.. ~ 7-< f~...G~---- COLLIER COUNTY UTILITY 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 at time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: Unless waived or otherwise provide0 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. Uffii~y Provision Statement RJM 10117/97 APPLICATION FOR PUBLIC HEARING FOR CONDFFIONAL USE - 6/9~n PAGE ~ rr~ o 12000 Whether or not an ElS 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 and their boundaries. Such identification shall be consistent with Florida Department of Transportation Land Use Cover and Forms Classification System. Statement of utili~/progision.s (with allrequired attachments _mad 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 archaeological 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 CONDITIONAL USE - 6/95 PAGE 8 AUG 0 1 2000 15 We/I, .~/~ /x~c;_x' i.'. /(~'4._ being first duly sworn, depose and say that wefI am/are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to,_he 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 autnorize ttJ~ /~ V3/' z'~ C.U/ //~G/~.~//-hi'e:- /~ ~-to act as our/my representative in any matters regarding this Petition. ' ~ ~/~aiure of Property Owner Signature of Property Owner ~7/Jd . , /~ ~ r/x~ /(x_~ ~ '_(/f'C Typed or Printed Name of Owner Typed or Printed Name of Owner The for~egotng tnstrument was a.cimowledged before me thts ~- o.-~ of , ~-9tgo,~ 3y ._/~,~7~. i~. ~/..(£,~.. who gs personali. v known to me or has produced as identification. State of Florida County of Collier of Nqtaby Public ~td of Florida) // ~ APPLICATION FOR PUI!LIC l~EARING FOR CONDITIONAL USE -6/9l] (Print, Type, or Stamp Commissioned Name of Notary Public) AUG 0 1 2000 PAGE 5 OF 15 CONDITIONAL USE APPLICATION SUBMITTAL CHECKI,IST THIS COMPLETED CHECKLIST-IS TO BE SUBMITTED WITH APPLICATION PACKET! REQUIREMENTS # OF COPIES REQUIR D REQUIRED i. Completed Application 11 2. Copy of Deed(s) and list identifying Owner(s) and aH1 Partners if a Corporation 3. Completed Owner/Agent Affidavits, Notarized 1 4. Pre-application notes/minutes 11 5. Conceptual Site Plans 11 6. Environmental Impact Statement- (ELS) 4 7. Aerial Photograph - (with habitat areas identified)4 8. Completed Utility Provisions Statement (with required4 attachments and sketches) 9. Traffic Impact Statement- (TIS) 4 v 10. Historical & Archaeological Survey or Waiver 4 Application 11. Copies of State and/or Federal Permits 4 v 12. Architectural Rendering of Proposed Structure(s)4 13. Application Fee, Check shah be made payable to = Comer County Board of Commissioners 14. Other Requirements - As the authorized agent/applicant for this petition, I attest that all of the information indicat~l on this checklist is included in this submittal package. I understand that failure to includ~ all necessa~ submittal information may testfit /n the delay of process this petition. Applicant/Agent Signature APPLICATION FOR PUBLIC HEARENG FOR CONDITIONAL USE - 6/98 Date PAG 2000 This Resohmon adopted after motion, second and maloritv ~ote. Done this day of .200(i. BOARD OF ZONING APPEALS COLLIER COL~TY, FLORIDA ATTEST: DWIGHT E. BROCK. Clerk BY: TIMOTHY J. CONSTANTINE, CHAIRMAN Approved as to Form and Legal Sufficiency: Marje~rie M. Student Assistant County Attoney ~'admin,'CU-2000-06/ RESOLUTION,SM/im -2- AUG 0 1 2000 RESl'¢LUTION A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A SOCIAL CLUB CONT)ITIONAL USE "14" IN' THE "A" ZONING DISTRICT PURSUANT TO SECTION 2.2.2.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 18, TOWNSHIP 49 SOUTH. RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 8.71+_ ACRES. WHEREAS, the Legislature of the State of Florida in Chapter 6%1246, Laws of Florida. and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public: and WHEREAS. the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102~ which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided. and has considered the advisability of Conditional Use "14" of Sectio. 2.2.2.3 in an "A" Zone for a social club on the property hereinafter described, and has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement have been made concerning all applicable matters require. d by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning Commission; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE BE IT RESOLVED. BY THE BOARD OF ZONTNG .APPEALS of Collier County, Florida that: The petition filed by David W. Rynders, Attorney at Law, representing James K. Keiser. with respect to the property hereinafter described as: Exhibit "B" which is attached hereto and incorporated by reference herein be and the same is hereby approved for Conditional Use "14" of Section 2.2.2.3 of the "A" Zoning District for a social club in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the following conditions: Exhibit "D" which is attached hereto and incorporated by reference herein. BE IT FURTHER RESOLVED that this Resolution be recorded in the 2000 T CU-2000-06 Exhibit B N ~4 of N V2 ofNE iA of SE V4 of Section 18, Township 49S, Range 26E, less west 70 feet thereof and less 1-75 Right-of-Way. AGENOA rI'EM FINDING OF FACT 8Y 20LiiER 21~qTY PLP~NING COHHiSSiON FOR A CONDITIONAL USF~ PETITION FOR CU-2000-06 The = * ~o±1owing facts are found: Section 2.2.2.3.14 of the Land Development Code authorized the conditional use. Granting the conditional use will not adversely affect the public interest and will net adversely affect other property or uses in the same district or neighborhood because of: Consistency with the Land Development Code and Growth Management Plan: Yes No Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No Affects neighboring properties in relation to noise, glare, economic or odor effects: No affecu or Affect mitigated by Affect cannot be mitigated Compatibility with adjacent properties and other property in ~he district: Compatible use within district . Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: CHAIRMAN: g,,adrmn/Findings of Fact Chairman/CU-2000-O6,,SM/im EXHIBIT "A" AU$ 0 ] 2000 Page 1 of 2 of Exhibit D CU-2000-06 Subject to the following conditions: The Planning Ser~,ices Department Director may approve minor changes in the location of the use within the building or structures and improvements authorized by the conditional use. Expansion of the uses identified and approved within this conditional use application, or major changes to the site plan submitted as part of this application, shall require the subnfittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Division 3.3, Site Development Plan Review and approval, of the Collier County Land Development Code (Ordinance No. 91 - 102). If, during the course of site clearing, excavation or other construction activity, an historic 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. c. An appropriate portion of native vegetation shall be retained on site as required in section 3.9.5.5.4. of the Collier County Land Development Code. Within 30 days of conditional use approval, the petitioner shall initiate an exotic vegetation removal/maintenance program for the subject property. This removal/maintenance program shall be implemented on a yearly basis at a minimum. eo The petitioner shall obtain Site Development Plan (SDP) approval for the site within six (6) months of Conditional Use approval by the Board of County Commissioners. Within sixty (60) days of approval of the Conditional Use petition by the Board of County Commissioners, the property owner shall submit a completed application for Site Development Plan approval to Collier County. Concurrent with the Site Development Plan approval process, the property owner shall apply for building permits for all non-permitted structures on site. The property owner shall obtain necessary inspections and a Certificate of Occupancy for the site. go Within ninety (90) days of Conditional Use approval, the developer shall install a minimum of a twenty (20) foot wide, Type D vegetative buffer along the west, north and south property boundaries. The buffer shall be designed to be 100 percent opaque at planting at a minimum height of twelve (12) feet. The developer shall retain existing native vegetation within these buffers to the greatest extent possible. h. The portion of Nighthawk Lane from its intersection with Whippoorwill Lane to Pet Ranch Road shall be maintained in a dust free condition. AUG 0 1 2000 AUG 0 1 2000 EXECUTIVE SUMMARY PETITION CCSL-99-3, NB HOTEL LIMITED, REPRESENTING THE LAPLAYA RESORT BEACH CONCESSION, REQUESTING A COASTAL CONSTRUCTION SETBACK LINE VARIANCE TO ALLOW FOR CONSTRUCTION OF SHOWER/DECK, CABANA STORAGE BOXES, WAVERUNNER/SAILBOAT/KAYAKS/CHAIRS STORAGE AREA AND VOLLEYBALL NET POSTS AT THE LA PLAYA RESORT HOTEL AT LOTS 25 THROUGH 30 INCLUSIVE, BLOCK B, UNIT 1, CONNERS VANDERBILT BEACH ESTATES, SECTION 29, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: The petitioner requests a Coastal Construction Setback Line (CCSL) Variance of approximately one hundred fourteen (114+) feet for construction of shower/deck, cabana storage boxes, waverunner/sailboat/kayaks/chairs storage area and volleyball net posts (See Exhibit A). CONSIDERATIONS: The petitioner is proposing to construct a shower deck, cabana storage boxes, concession storage area, and volleyball net posts at the existing La Playa Resort Hotel, located at 9891 Gulfshore Drive on Vanderbilt beach, in Naples, Florida. The proposed improvements will be placed seaward of the existing seawall. However they will be landward of the most seaward edge of the curved seawall. At it's farthest extent the area of proposed impact lies approximately 114 feet seaward of the adopted Coastal Construction Setback Line (CCSL). The petition is consistent with the Collier County Land Development Code and Growth Management Plan - Conservation and Coastal Management Element. In consideration of the above, Staff finds the proposed construction to be consistent with the variance conditions of Collier County Ordinance No. 90-102, Division 3.13, as amended. FISCAL IMPACT: Approval of this petition would have no fiscal impact on the County. AGE N~J~. 1~4E M NO. lrl[_._ AUG o 1 2000 GROWTH MANAGEMENT IMPACT: OBJECTIVE (CONSERVATION AND COASTAL MANAGEMENT ELEMENT) 11.4 Until the Coastal Barrier and Beach System Management Plan is adopted (Objective 11.6), protect developed coastal barriers and developed shorelines by establishing mechanisms or projects which limit the effects of development and which help in the restoration of the natural functions of coastal barriers and affected beaches and dunes. POLICY 11.4.1 Promote environmentally acceptable and economically feasible restoration of the developed coastal barriers and the urban beach and dune systems. 11.4.2 Prohibit further shore hardening projects except where necessary to protect existing structures, considering the total beach system and adjacent properties. 11.4.6 Require native vegetation as landscaping in developed activities in developed coastal barrier systems and on the beach and dune systems. ENVIRONMENTAL ISSUES: This land is already developed and there is no remnant dune or restored dune vegetation on site. It would be beneficial to the shoreline for dune vegetation to be planted wherever possible to provide protection and stabilization to the system as a whole. The major environmental issue is the presence of Sea turtles that nest on this beach between May 1 and October 31 each year. The ultimate goal is to protect their nesting into the future. HISTORICAL/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. PLANNING SERVICES STAFF RECOMMENDATION: Staff recommends approval of Petition No. CCSL-99-3 subject to the following stipulations: All proposed improvements shall be designed in accordance with the standards of the Florida Department of Environmental Protection (FDEP) Bureau of Beaches and Coastal Systems and an approved FDEP permit shall be obtained, an, t provided, prior to issuance of a Collier County Building Permit. AUG 0 1 2:000 Construction activities shall not occur within one hundred (100) feet of the sea turtle nesting zone, defined by Collier County Land Development Code Division 3.10, between May 1 October 31, sea turtle nesting season, without first submitting and obtaining necessary FDEP permits and Collier County Construction in Sea Turtle Nesting Area Permits. Petitioner shall notify Current Planning Environmental Staff one week prior to commencing work seaward of the CSSL and shall again contact Staff within one week following completion of work seaward of the CCSL. Outdoor lighting associated with construction-'or development, within three hundred (300) feet of the high tide line, shall be in compliance with Division 3.10 of the Collier County Land Development Code. o Petitioner shall plant coastal dune vegetation wherever possible beyond the concrete sea wall. Re-vegetation shall be completed, prior to the issuance of a Certificate of Occupancy. o Minor revisions to Coastal Construction Setback Line Variance CCSL-99-3 (including changes in siting and structures) may be approved, in writing, by the Planning Services Director or his/her designee. EAC RECOMMENDATION: N/A. CCSL variances are not required to be heard by the EAC. CCPC RECOMMENDATION: N/A. CCSL variances are not required to be heard by the CCPC. PREPARED BY: BARBARA S. BURGES(~ SR. ENVIRONMENTAL SPECIALIST CURRENT PLANNING SECTION DATE AUG 0 1 2000 REVIEWED BY: RO'N NINO, AICP, MANAGER CURRENT PLANNING SECTION DATE R(3B~ERE, AICP, DIRECTOR PLANNING SERVICES DEPARTMENT '7/5 7fz, DATE VINCENT A. CAUTERO, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION executive summary/CCSL-99-3 AGE N[;~,~ ~.,,EM No. ~'i AUG 01 2000 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 RESOLUTION NO. 2000- RESOLUTION APPROVING WITH CONDITIONS PETITION CCSL-99-3, REQUESTING A VARIANCE FROM THE COASTAL CONSTRUCTION SETBACK LINE (CCSL) TO ALLOW FOR CONSTRUCTION OF SHOWER/DECK, CABANA STORAGE BOXES, WAVERUNNER/ SAILBOAT/KAYAKS/CHAIRS STORAGE AREA AND VOLLEYBALL NET POSTS AT THE LA PLAYA RESORT HOTEL AT LOTS 25 THROUGH 30 INCLUSIVE, BLOCK B, UNIT 1, CONNERS VANDERBILT BEACH ESTATES, SECTION 29, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, NB Hotel Limited, representing the La Playa Resort Beach Concession, requesting a Coastal Construction Setback Line variance to allow for beach concession related improvements at the La Playa Resort Hotel (Exhibit A); and WHEREAS, the subject property is located on the west side of Gulf Shore Drive approximately one-half mile north of Vanderbilt Drive at 9891 Gulf Shore Drive, Naples, Florida; and WHEREAS, the proposed improvements will extend no further out than 114 feet seaward of the adopted Coastal Construction Setback Line and will remain landward of the furthest edge of the existing concrete sea wall; and WHEREAS, the petition is consistent with the Collier County Land Development Code, Division 3.13, as amended; and WHEREAS, the petition is consistent with the Collier County Growth Management Plan - Conservation and Coastal Management Element. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: Variance Petition CCSL-99-3 be approved, subject to the following conditions: All proposed improvements shall be designed in accordance with the standards of the Florida Department of Environmental Protection (FDEP) Bureau of Beaches and Coastal Systems and an approved FDEP permit shall be obtained, and copies provided, prior to issuance of a Collier County Building Permit. Construction activities shall not occur within one hundred (100) feet of the sea turtle nesting zone, defined by Collier County Land Development Code Division 3.10, between May 1 - October 31, sea turtle nesting season, without first submitting and obtaining necessary FDEP permits and Collier County Construction in Sea Turtle Nesting Area Permits. Petitioner shall notify Current Planning Environmental Staff one week prior to commencing work seaward of the CSSL and shall again contact Staff within one week following completion of work seaward of the CCSL. Outdoor lighting associated with construction or development, within three hundred (300) feet of the high tide line, shall be in compliance with Division 3.10 of the Collier County Land Development Code. AUG 0 1 2000 1 2 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2o 2l 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 Petitioner shall plant some coastal dune vegetation wherever possible beyond the concrete sea wall. Re-vegetation shall be completed, prior to the issuance of a Certiticate o f Occupancy. Minor revisions to Coastal Construction Setback Line Variance CCSL-99-3 (including changes in siting and structures) may be approved, in writing, by the Planning Services Director or his/her designee. This Resolution adopted after motion, second and majority vote favoring same. DONE AND ORDERED this day of ,2000. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DATE: ATTEST: DWIGHT E. BROCK, Clerk BY: TIMOTHY J. CONSTANTINE, Chairman DEPUTY CLERK Approved as to Form and Legal Sufficiency: Ma~jor{erM. Student Assistant County Attorney No. ~ AUG 0 1 2000 EXECUTIVE SUMMARY PETITION CCSL-2000-1, GULF SEA ADVENTURES, REQUESTING A COASTAL CONSTRUCTION SETBACK LINE VARIANCE TO ALLOW FOR STORAGE AREA FOR WAVERUNNERS AND OTHER ASSOCIATED BEACH CONCESSION EQUIPMENT AT THE VANDERBILT INN ON THE GULF MOTEL AT LOT 6 AND THE NORTH PORTION OF LOT 5, BAKER-CARROLL POINT, UNIT 2, SECTION 29, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: The petitioner requests a Coastal Construction Setback Line (CCSL) Variance of approximately one hundred twenty (120+) feet for storage of wave-runners and other associated beach concession related equipment (See Exhibit A). CONSIDERATIONS: The petitioner is proposing to identify a wave-runner storage area and associated concession equipment storage area, at the existing Vanderbilt Inn On the Gulf Motel, located at 11000 Gulf Shore Drive on Vanderbilt Beach, in Naples Florida. The proposed impacts will be located landward the existing parking lot or on the existing paving. At its farthest extent the area of proposed impact lies approximately 120 feet seaward of the adopted Coastal Construction Setback Line (CCSL). The petition is consistent with the Collier County Land Development Code and Growth Management Plan - Conservation and Coastal Management Element. In consideration of the above, Staff finds the proposed construction to be consistent with the variance conditions of Collier County Ordinance No. 90-102, Division 3.13, as amended. FISCAL IMPACT: Approval of this petition would have no fiscal impact on the County. GROWTH MANAGEMENT IMPACT: OBJECTIVE (CONSERVATION AND COASTAL MANAGEMENT ELEME1~ ' Y AGENp.~T~M ,o. AUG 0 1 2000 pq. [ 11.4 Until the Coastal Barrier and Beach System Management Plan is adopted (Objective 11.6), protect developed coastal barriers and developed shorelines by establishing mechanisms or projects which limit the effects of development and which help in the restoration of the natural functions of coastal barriers and affected beaches and dunes. POLICY 11.4.1 Promote environmentally acceptable and economically feasible restoration of the developed coastal barriers and the urban beach and dune systems. 11.4.2 Prohibit further shore hardening projects except where necessary to protect existing structures, considering the total beach system and adjacent properties. 11.4.6 Require native vegetation as landscaping in developed activities in developed coastal barrier systems and on the beach and dune systems. ENVIRONMENTAL ISSUES: This land is already developed and there is no remnant dune and very limited restored dune vegetation on site. It would be beneficial to the shoreline for dune vegetation to be planted wherever possible to provide protection and stabilization to the system as a whole. The major environmental issue is the presence of Sea turtles that nest on this beach between May 1 and October 31 each year. The ultimate goal is to protect their nesting into the future. 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. RECOMMENDATION: Staff recommends approval of Petition No. CCSL-2000-1 subject to the following stipulations: All proposed improvements shall be designed in accordance with the standards of the Florida Department of Environmental Protection (FDEP) Bureau of Beaches and Coastal Systems and an approved FDEP permit shall be obtained, and copies provided, prior to issuance of a Collier County Building Permit. Construction activities shall not occur within one hundred (100) feet of turtle nesting zone, defined by Collier County Land Development Code 3.10, between May 1 - October 31, sea turtle nesting season, with _the sea bivisi~~ >ut first gUG o 1 2000 o submitting and obtaining necessary FDEP permits and Collier County Construction in Sea Turtle Nesting Area Permits. Petitioner shall notify Current Planning Environmental Staff one week prior to commencing work seaward of the CSSL and shall again contact Staff within one week following completion of work seaward of the CCSL. Outdoor lighting associated with construction or development, within three hundred (300) feet of the high tide line, shall be in compliance with Division 3.10 of the Collier County Land Development Code. o Petitioner shall plant coastal dune vegetation in the re-vegetation area as identified on Exhibit A, and shall complete the work prior to the issuance of a Certificate of Occupancy. o Minor revisions to Coastal Construction Setback Line Variance CCSL-2000-1 (including changes in siting and structures) may be approved, in writing, by the Planning Services Director or his/her designee. EAC RECOMMENDATION: N/A. CCSL variances are not required to be heard by the EAC. CCPC RECOMMENDATION: N/A. CCSL variances are not required to be heard by the CCPC. PREPARED BY: BARBARA S. BURGESO~ SR. ENVIRONMENTAL SPECIALIST CURRENT PLANNING SECTION DATE AUB o 1 2000 REVIEWED BY: /RONALD F. NINO, AICP, MANAGER CURRENT PLANNING SECTION DATE ATE R~)BE~T J. MULHERE, AICP, DIRECTOR VINCENT A. CAUTERO, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION Executive Summary/CCSL-2000-1 AUG 0 1 2000 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 RESOLUTION NO. 2000- , RESOLUTION APPROVING WITH CONDITIONS PETITION CCSL-2000-1, REQUESTING A VARIANCE FROM THE COASTAL CONSTRUCTION SETBACK lANE (CCSL) TO IDENTIFY A STORAGE AREA FOR WAVERUNNERS AND OTHER ASSOCIATED BEACH CONCESSION EQUIPMENT AT THE VANDERBILT INN ON THE GULF MOTEL AT LOT 6 AND THE NORTH PORTION OF LOT 5, BAKER-CARROLL POINT, UNIT 2, SECTION 29, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, Gulf Sea Adventures is requesting a Coastal Construction Setback Line variance to identify a storage area for waverunners and other associated beach concession equipment at the Vanderbilt Inn On The Gulf Motel (Exhibit A); and WHEREAS, thc subject property is located at the northwest comer of Bluebill Avenue and Gulf Shore Drive. at 11000 Gulf Shore Drive, Naples, Florida; and WHEREAS, the proposed impacts will be located landward of the existing parking lot or on the existing paving; at its farthest extent the area of proposed impact lies approximately 120 feet seaward of the adopted Coastal Construction Setback Line (CCSL); and WHEREAS, the petition is consistent with the Collier County Land Development Code, Division 3.13, as amended; and WHEREAS, the petition is consistent with the Collier County Growth Management Plan - Conservation and Coastal Management Element. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 35 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: Variance Petition 36 CCSL-2000-1 be approved, subject to the following conditions: 37 1. 38 39 40 41 42 2. 43 44 45 46 47 48 3. 49 50 51 4. 52 53 54 All proposed improvements shall be designed in accordance with the standards of the Florida Department of Environmental Protection (FDEP) Bureau of Beaches and Coastal Systems and an approved FDEP permit shall be obtained, and copies provided, prior to issuance of a Collier County Building Permit. Construction activities shall not occur within one hundred (100) feet of the sea turtle nesting zone, defined by Collier County Land Development Code Division 3.10, between May 1 - October 31, sea turtle nesting season, without first submitting and obtaining necessary FDEP permits and Collier County Construction in Sea Turtle Nesting Area Permits. Petitioner shall notify Current Planning Environmental Staff one week prior to commencing work seaward of the CSSL and shall again contact Staff within one week following completion of work seaward of the CCSL. Outdoor lighting associated with construction or development, within three hundred (300) feet of the high tide line, shall be in compliance with Division 3.10 of the Collier County Land Development Code. AUG 0 I 2000 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 Petitioner shall plant coastal dune vegetation in the re-vegetation area as identified on Exhibit A, and shall complete the work prior to the issuance of a Certificate of Occupancy. Minor revisions to Coastal Construction Setback Line Variance CCSL-2000-1 (including changes in siting and structures) may be approved, in writing, by the Planning Services Director or his/her designee. This Resolution adopted after motion, second and majority vote favoring same. DONE AND ORDERED this day of ., 2000. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DATE: ATTEST: DWIGHT E. BROCK, Clerk BY: TIMOTHY J. CONSTANTINE, Chairman DEPUTY CLERK Approved as to Form and Legal Sufficiency: MarjorieJM. Student Assistant County Attorney AUG 0 t 2000 EXECUTIVE SUMMARY PETITION CCSL-2000-2, BRETT D. MOORE OF HUMISTON & MOORE ENGINEERS REPRESENTING THE HALSTATT PARTNERSHIP AND V~TESTGROUP LA PLAYA, LLC, REQUESTING A COASTAL CONSTRUCTION SETBACK LINE VARIANCE TO ALLOW FOR CONSTRUCTION OF A POOL, COVERED WALKWAY, FITNESS FACILITY, TIKI BAR AND GRILL, SECOND FLOOR BALCONY AND OTHER ASSOCIATED IMPROVEMENTS TO THE LA PLAYA RESORT HOTEL AT LOTS 25 THROUGH 30 INCLUSIVE, BLOCK B, UNIT 1, CONNERS VANDERBILT BEACH ESTATES, SECTION 29, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: The petitioner requests a Coastal Construction Setback Line (CCSL) Variance of approximately one hundred fourteen (114) feet for the construction of construction of a pool, covered walkway, fitness facility, tiki bar and grill, second floor balcony and other associated improvements to the La Playa Resort Hotel (See Exhibit A). CONSIDERATIONS: The petitioner is proposing to construct a pool, covered walkway, fitness facility, tiki bar and grill, second floor balcony and other associated improvements at the existing La Playa Resort Hotel, located at 9891 Gulf Shore Drive on Vanderbilt Beach, in Naples Florida. The proposed improvements will extend no further out than an existing concrete sea wall which at its farthest extent is 114 feet seaward of the adopted coastal construction setback line CCSL Previously approved structures have established a reasonably continuous and uniform construction line closer to the line of mean high water than the proposed improvements. The petition is consistent with the Collier County Land Development Code and Growth Management Plan - Conservation and Coastal Management Element. In consideration of the above, Staff finds the proposed construction to be consistent with the variance conditions of Collier County Ordinance No. 91-102, Division 3.13, as amended. FISCAL IMPACT: Approval of this petition would have no fiscal impact on the County. GROWTH MANAGEMENT IMPACT: OBJECTIVE (CONSERVATION AND COASTAL MANAGEMENT ELEMENT) AG EN~,~ ~T,E M No. ~ 0 1 2000 11.4 Until the Coastal Barrier and Beach System Management Plan is adopted (Objective 11.6), protect developed coastal barriers and developed shorelines by establishing mechanisms or projects which limit the effects of development and which help in the restoration of the natural functions of coastal barriers and affected beaches and dunes. POLICY 11.4.1 Promote environmentally acceptable and economically feasible restoration of the developed coastal barriers and the urban beach and dune systems. 11.4.2 Prohibit further shore hardening projects except where necessary to protect existing structures, considering the total beach system and adjacent properties. 11.4.6 Require native vegetation as landscaping in developed activities in developed coastal barrier systems and on the beach and dune systems. ENVIRONMENTAL ISSUES: This land is already developed and there is no remnant dune or restored dune vegetation on site. It would be beneficial to the shoreline for dune vegetation to be planted wherever possible to provide protection and stabilization to the system as a whole. The major environmental issue is the presence of Sea turtles that nest on this beach between May 1 and October 31 each year. The ultimate goal is to protect their nesting into the future. HISTORICAL/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. PLANNING SERVICES STAFF RECOMMENDATION: Staff recommends approval of Petition No. CCSLo2000-2 subject to the following stipulations: All proposed improvements shall be designed in accordance with the standards of the Florida Department of Environmental Protection (FDEP) Bureau of Beaches and Coastal Systems and an approved FDEP permit shall be obtained, and copies provided, prior to issuance of a Collier County Building Permit. Construction activities shall not occur within one hundred (100) feet of the sea turtle nesting zone, defined by Collier County Land Development Code Division 3.10, between May 1 - October 31, sea turtle nesting season, without first submitting and obtaining necessary FDEP permits and Collier County Construction in Sea Turtle Nesting Area Permits. AUG 0 1 2000 2 o Petitioner shall notify Current Planning Environmental Staff one week prior to commencing work seaward of the CSSL and shall again contact Staff within one week following completion of work seaward of the CCSL. Outdoor lighting associated with construction, or development within three hundred (300) feet of the high tide line, shall be in compliance with Division 3.10 of the Collier County Land Development Code. Petitioner shall utilize only native coastal dune vegetation for all on-site landscaping beyond the 1974 Coastal Construction Control Line. o Petitioner shall plant some coastal dune vegetation wherever possible beyond the concrete sea wall. Re-vegetation shall be completed, prior to the issuance of a Certificate o f Occupancy. o Petitioner shall remove all exotic vegetation from the subject property in accordance with Section 3.9.6.6 of the Collier County Land Development Code. Minor revisions to Coastal Construction Setback Line Variance CCSL-2000-2 (including changes in siting and structures) may be approved, in writing, by the Planning Services Director or his/her designee. EAC RECOMMENDATION: N/A. CCSL variances are not required to be heard by the EAC. CCPC RECOMMENDATION: N/A. CCSL variances are not required to be heard by the CCPC. PREPARED BY: BARBARA S. BURGESON:;/ SR. ENVIRONMENTAL SPECIALIST CURRENT PLANNING SECTION DATE 3 AUG 0 1 2000 REVIEWED BY: RO LD NINO, AIC , MANAGE~ CURRENT PLANNING SECTION DATE z~/J~-~.~-~--~ .7- / ? - ~ ROB(ERff J]MULHERE, AICP, DIRECTOR DATE PLANN1NC4, SERVICES DEPARTMENT VINCENT A. CAUTERO, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION executive summary/CCSL-2000-2 4 N~. ~ AUG 0 1 2000 rn r~ 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 34 35 36 37 38 39 40 RESOLUTION NO. 2000-~ RESOLUTION APPROVING WITH CONDITIONS PETITION CCSL-2000-2, REQUESTING A VARIANCE FROM THE COASTAL CONSTRUCTION SETBACK LINE (CCSL) TO ALLOW CONSTRUCTION OF A POOL, COVERED WALKWAY, FITNESS FACILITY, TIKI BAR AND GRILL, SECOND FLOOR BALCONY AND OTHER ASSOCIATED IMPROVEMENTS TO THE LA PLAYA RESORT HOTEL AT LOTS 25 THROUGH 30 INCLUSIVE, BLOCK B, UNIT 1, CONNERS VANDERBILT BEACH ESTATES, SECTION 29, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, Brett D. Moore of Humiston & Moore Engineers, representing The Halstatt Partnership and Westgroup La Playa, LLC; requests a variance from the Coastal Construction Setback Line (CCSL) as required by the Collier County Ordinance 91-102 Division 3.13, as amended, to allow construction of a pool, covered walkway, fitness facility, tiki bar and grill, second floor balcony and other associated improvements to the La Playa Resort Hotel (Exhibit A); and WHEREAS, the subject property is located on the west side of Gulf Shore Drive approximately one-half mile north of Vanderbilt Drive; and WHEREAS, the proposed improvements will extend no further out than an existing concrete sea wall which at its farthest extent is 114 feet seaward of the adopted coastal construction setback line CCSL; and WHEREAS, the subject property had a CCSL variance (CCSL-94-13) approved by the Board of County Commissioners by Resolution No. 94-705; and WHEREAS, the petition is consistent with the Collier County Land Development Code, Division 3.13, as amended; and WHEREAS, the petition is consistent with the Collier County Growth Management Plan - Conservation and Coastal Management Element. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 41 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: Variance Petition 42 CCSL-2000-2 be approved, subject to the following conditions: 43 1. 44 45 46 d7 48 2. 49 50 51 52 53 54 3. 55 56 All proposed improvements shall be designed in accordance with the standards of the Florida Department of Environmental Protection (FDEP) Bureau of Beaches and Coastal Systems and an approved FDEP permit shall be obtained, and copies provided, prior to issuance of a Collier County Building Permit. Construction activities shall not occur within one hundred (100) feet of the sea turtle nesting zone, defined by Collier County Land Development Code Division 3.10, between May 1 - October 31, sea turtle nesting season, without first submitting and obtaining necessary FDEP permits and Collier County Construction in Sea Turtle Nesting Area Permits. Petitioner shall notify Current Planning Environmental Staff one week prior to commencing work seaward of the CSSL and shall again contact Staff within one week following completion of work seaward of the CCSL. AUG o 1 2000 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 Outdoor lighting associated with construction, or development within three hundred (300) feet of the high tide line, shall be in compliance with Division 3.10 of the Collier County Land Development Code. Petitioner shall utilize only native coastal dune vegetation for all on-site landscaping beyond the 1974 Coastal Construction Control Line. Petitioner shall plant some coastal dune vegetation wherever possible beyond the concrete sea wall. Re-vegetation shall be completed, prior to the issuance of a Certificate of Occupancy. Petitioner shall remove all exotic vegetation from the subject property in accordance with Section 3.9.6.6 of the Collier County Land Development Code. Minor revisions to Coastal Construction Setback Line Variance CCSL-2000-2 (including changes in siting and structures) may be approved, in writing, by the Planning Services Director or his/her designee. This Resolution adopted after motion, second and majority vote favoring same. DONE AND ORDERED this day of ,2000. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DATE: ATTEST: BY: DWIGHT E. BROCK, Clerk TIMOTHY J. CONSTANTINE, Chairman DEPUTY CLERK Approved as to Form and Legal Sufficiency: Marjorie M. Student Assistant County Attorney AUG 0 1 2 000 EXECUTIVE SUMMARY PETITION CCSL-2000-3, ANNIS MITCHELL COCKNEY EDWARDS & ROEHN, REPRESENTING THE RITZ CARLTON, REQUESTING A COASTAL CONSTRUCTION SETBACK LINE VARIANCE TO IDENTIFY STORAGE AREAS FOR BEACH FURNITURE, WATER CRAFT AND ASSOCIATED BEACH CONCESSION EQUIPMENT, AND TO CONSTRUCT STORAGE BOXES, CONCESSION STANDS AND A MASSAGE TENT AT THE RITZ CARLTON HOTEL SITE AND ANNEX PARK SITE LOCATED IN SECTION 32, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: The petitioner requests a Coastal Construction Setback Line (CCSL) Variance of approximately one hundred ten (110+) feet to identify storage areas for beach furniture, water craft and associated beach concession equipment, and to construct storage boxes, concession stands and a massage tent (See Exhibit A). CONSIDERATIONS: The subject property is located at the northwestern corner of the Pelican Bay PUD, at 280 Vanderbilt Beach Road. The proposed impacts will be located landward of the existing concession stands and the seaward edge of the dune walkovers; at its farthest extent the area of proposed impact lies approximately 110 feet seaward of the adopted Coastal Construction Setback Line (CCSL). Exotic vegetation will be removed from the boundary of The Ritz Carlton property in accordance with The Collier County Land Development Code Section 3.9.6.6. The petition is consistent with the Collier County Land Development Code and Growth Management Plan - Conservation and Coastal Management Element. In consideration of the above, Staff finds the proposed construction to be consistent with the variance conditions of Collier County Ordinance No. 90-102, Division 3.13, as amended. AUG 0 1 2000 FISCAL IMPACT: Approval of this petition would have no fiscal impact on the County. GROWTH MANAGEMENT IMPACT: OBJECTIVE (CONSERVATION AND COASTAL MANAGEMENT ELEMENT) l~l.5For undeveloped shorelines, provide improved opportunities for recreational, educational, scientific, and esthetic enjoyment of coastal resources by protecting beaches and dunes and by utilizing or where necessary establishing construction standards which will minimize the impact of manmade structures on the beach and dune systems. POLICY 11.5.4 Prohibit construction of any structure seaward of the Coastal Construction Control Line. Exception shall be for passive recreational structures, access crossovers, and where enforcement would not allow any reasonable economic utilization of such property. In the latter event, require construction that minimizes interference with natural function of such beaches and dunes. '1~.5.5 Construction activities shall not interfere with the sea turtle nesting, shall preserve or replace any vegetation on the site, and shall maintain the natural beach profile and minimize interference with the natural beach dynamics and function. .5.'13 For all beach front land development related projects require dune stabilization and restoration improvements, the removal of exotic vegetation, and replacement with native vegetation as appropriate. ENVIRONMENTAL ISSUES: The Ritz Carlton has constructed a beach facility over a portion of the dune system at this location. At the time of these improvements, they were required to restore any areas of the dune which were devoid of dune vegetation. This was to ensure the integrity of the dune system at this site and to maintained it as well as possible, as a natural functioning system. It is essential to the shoreline for the existing dune vegetation to be maintained and for any sparse areas to be planted, to provide protection and stabilization to the system as a whole. The other major environmental issue is the presence of Sea turtles that nest on this beach between May 1 and October 31 each year. The ultimate goal is to protect their nesting into the future. HISTORICAL/ARCHAEOLOGICAL IMPACT: AUG 0 1 2,t)00 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. PLANNING SERVICES STAFF RECOMMENDATION: Staff recommends approval of Petition No. CCSL-2000-3 subject to the following stipulations: All proposed improvements shall be designed in .a.ccordance with the standards of the Florida Department of Environmental Protection (FDEP) Bureau of Beaches and Coastal Systems and an approved FDEP permit shall be obtained, and copies provided, prior to issuance of a Collier County Building Permit. Construction activities shall not occur within one hundred (100) feet of the sea turtle nesting zone, defined by Collier County Land Development Code Division 3.10, between May 1 - October 31, sea turtle nesting season, without first submitting and obtaining necessary FDEP permits and Collier County Construction in Sea Turtle Nesting Area Permits. o Petitioner shall notify Current Planning Environmental Staff one week prior to commencing work seaward of the CSSL and shall again contact Staff within one week following completion of work seaward of the CCSL. Outdoor lighting associated with construction, or development within three hundred (300) feet of the high tide line, shall be in compliance with Division 3.10 of the Collier County Land Development Code. Petitioner shall utilize only native coastal dune vegetation for all on-site landscaping beyond the 1974 Coastal Construction Control Line. Petitioner shall re-vegetate the dune where the dune is devoid of coasfal dune vegetation (appropriate to that specific area i.e. fore-dune or back dune). The re- vegetation shall be completed, according to a plan submitted to and approved by Collier County Current Planning Environmental Staff, prior to the issuance of a Certificate of Occupancy. Petitioner shall install appropriate signs in the re- vegetation area indicating that beach users are requested not to intrude into this re- vegetation area. Petitioner shall remove all exotic vegetation from the subject property in accordance with Section 3.9.6.6 of the Collier County Land Development Code. Minor revisions to Coastal Construction Setback Line Variance CCSL-2000-3 (including changes in siting and structures) may be approved, in writin _ by the Planning Services Director or his/her designee. ~.aE~j~ ~M AUG 0 1 2000 EAC RECOMMENDATION: N/A. CCSL variances are not required to be heard by the EAC. CCPC RECOMMENDATION: N/A. CCSL variances are not required to be heard by the CCPC. PREPARED BY: BARBARA S. BURGESDN SR. ENVIRONMENTAL SPECIALIST CURRENT PLANNING SECTION DATE REVIEWED BY: RON NINO, AICP, MANAGER CURRENT PLANNING SECTION DATE I~OBL~RT J. MULHERE, AICP, DIRECTOR PLANNING SERVICES DEPARTMENT DATE VINCENT A. CAUTERO, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION executive summary/CCSL-2000-3 ~°'/gr' AUG 0 1 2000 _..._~;. q- .-i ¢c '\AUG 0 1 2000 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 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 5o 51 52 53 54 55 RESOLUTION NO. 2000° RESOLUTION APPROVING WITH CONDITIONS PETITION CCSL-2000-3, REQUESTING A VARIANCE FROM THE COASTAL CONSTRUCTION SETBACK LINE (CCSL) TO IDENTIFY STORAGE AREAS FOR BEACH FURNITURE, WATER CRAFT AND ASSOCIATED BEACH CONCESSION EQUIPMENT, AND TO CONSTRUCT STORAGE BOXES, CONCESSION STANDS AND A MASSAGE TENT AT THE RITZ CARLTON HOTEL SITE AND ANNEX PARK SITE LOCATED IN SECTION 32, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, The Ritz Carlton is requesting a Coastal Construction Setback Line variance to identify storage areas for beach furniture, water craft, and associated beach concession equipment, and to construct storage boxes, concession stands and a massage tent at the Ritz Carlton Beach (Exhibit A); and WHEREAS, the subject property is located at 280 Vanderbilt Beach Road, Naples, Florida; and WHEREAS, the proposed impacts will be located landward of the existing concession stands and the seaward edge of the dune walkovers; at its farthest extent the area of proposed impact lies approximately 110 feet seaward of the adopted Coastal Construction Setback Line (CCSL); and WHEREAS, the petition is consistent with the Collier County Land Development Code, Division 3.13, as amended; and WHEREAS, the petition is consistent with the Collier County Growth Management Plan - Conservation and Coastal Management Element. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: Variance Petition CCSL-2000-3 be approved, subject to the following conditions: All proposed improvements shall be designed in accordance with the standards of the Florida Department of Environmental Protection (FDEP) Bureau of Beaches and Coastal Systems and an approved FDEP permit shall be obtained, and copies provided, prior to issuance of a Collier County Building Permit. Construction activities shall not occur within one hundred (100) feet of the sea turtle nesting zone, defined by Collier County Land Development Code Division 3.10, between May 1 - October 31, sea turtle nesting season, without first submitting and obtaining necessary FDEP permits and Collier County Construction in Sea Turtle Nesting Area Permits. Petitioner shall notify Current Planning Environmental Staff one week prior to commencing work seaward of the CSSL and shall again contact Staff within one week following completion of work seaward of the CCSL. Outdoor lighting associated with construction, or development within three hundred (300) feet of the high tide line, shall be in compliance with Division 3.10 of the Collier County Land Development Code. AUG 0 1 2000 1 2 3 4 6 ? $ 9 1o 11 12 14 16 17 19 20 21 22 24 26 27 25 29 ~o 34 ~6 37 39 40 41 44 46 47 48 49 50 52 5~ 54 55 56 57 Petitioner shall utilize only native coastal dune vegetation for all on-site landscaping beyond the 1974 Coastal Construction Control Line. Petitioner shall re-vegetate the dune where the dune is devoid of coastal dune vegetation (appropriate to that specific area i.e. fore-dune or back dune). The re- vegetation shall be completed, according to a plan submitted to and approved by Collier County Current Planning Environmental Staff, prior to the issuance of a Certificate of Occupancy. Petitioner shall install appropriate signs in the re- vegetation area indicating that 0each users are requested not to intrude into this re- vegetation area. Petitioner shall remove all exotic vegetation from the subject property in accordance with Section 3.9.6.6 of the Collier County Land Development Code. Minor revisions to Coastal Construction Setback Line Variance CCSL-2000-3 (including changes in siting and structures) may be approved, in writing, by the Planning Services Director or his/her designee. This Resolution adopted after motion, second and majority vote favoring same. DONE AND ORDERED this DATE: ATTEST: DWIGHT E. BROCK, Clerk day of ,2000. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: TIMOTHY J. CONSTANTINE, Chairman DEPUTY CLERK Approved as to Form and Legal Sufficiency: Marjoi~e M. Student' Assistant County Attorney AUG 0 1 2000 EXECUTIVE SUMMARY PETITION CCSL-2000-4A, BRETT D. MOORE, PE, OF HUMISTON AND MOORE ENGINEERS, REPRESENTING THE PELICAN BAY FOUNDATION, INC., REQUESTING A COASTAL CONSTRUCTION SETBACK LINE VARIANCE TO ALLOW FOR CONSTRUCTION OF UMBRELLA BOX PLATFORMS AND ASSOCIATED DUNE WALKOVERS, AND DESIGNATED AREAS FOR BEACH CONCESSION STORAGE, LOCATED AT THE PELICAN BAY NORTH BEACH FACILITIES, PELICAN BAY PLANNED UNIT DEVELOPMENT (SEE EXHIBIT A FOR LEGAL DESCRIPTION), SECTION 4, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FL. OBJECTIVE: The petitioner requests a Coastal Construction Setback Line (CCSL) Variance of approximately one hundred thirty (130+) feet for the construction of a umbrella box platforms and associated dune walkovers and designated areas for beach concession storage (See Exhibit B). CONSIDERATIONS: The subject property is located at the private North Beach Facility owned by Pelican Bay Foundation within the Pelican Bay PUD. The petitioner proposes to mitigate for the removal of'vegetation from the areas where the platforms and storage areas will be constructed, The petitioner will avoid or minimize impacts to the Gopher Tortoise population which exists on site by field locating proposed improvements. Exotic vegetation will be removed from the boundary of the North Beach Facility in accordance with the Collier County Land Development Code Section 3.9.6.6. The petition is consistent with the Collier County Land Development Code and Growth Management Plan - Conservation and Coastal Management Element. In consideration of the above, Staff finds the proposed construction to be consistent with the variance conditions of Collier County Ordinance No. 90-102, Division ~:13,no.ma~ amended. AUG 0 1 2000 FISCAL IMPACT: Approval of this petition would have no fiscal impact on the County. GROWTH MANAGEMENT IMPACT: OBJECTIVE (CONSERVATION AND COASTAL MANAGEMENT ELEMENT) 11.4 Until the Coastal Barrier and Beach System Management Plan is adopted (Objective 11.6), protect developed coastal barriers and developed shorelines by establishing mechanisms or projects which limit the effects of development and which help in the restoration of the natural functions of coastal barriers and affected beaches and dunes. POLICY 11.4.4 Require dune stabilization and restoration improvements in land development projects along beach areas. 11.4.5 Initiate and support beach and dune restoration and preservation programs where appropriate. 11.4.6 Require native vegetation as landscaping in developed activities in developed coastal barrier systems and on the beach and dune systems. OBJECTIVE (CONSERVATION AND COASTAL MANAGEMENT ELEMENT) 11.5 For undeveloped shorelines, provide improved opportunities for recreational, educational, scientific, and esthetic enjoyment of coastal resources by protecting beaches and dunes and by utilizing or where necessary establishing construction standards which will minimize the impact of manmade structures on the beach and dune systems. POLICY 11.5.4 Prohibit construction of any structure seaward of the Coastal Construction Control Line. Exception shall be for passive recreational structures access crossovers, and where enforcement would not allow any reasonable economic utilization of such property. In the latter event, require construction that minimizes interference with natural function of such beaches and dunes. 11.5.11 Construction activities shall not interfere with the sea turtle nesting, shall preserve or replace any vegetation on the site, and shall maintain the natural bi profile and minimize interference with the natural beach dynamics and functio ach I~.~a")~. 1. AUG 0 1 2000 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 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 59 6o 5. Petitioner shall utilize only native coastal dune vegetation for all on-site landscaping beyond the 1974 Coastal Construction Control Line. Petitioner shall re-vegetate the dune where the dune is devoid of coastal dune vegetation (appropriate to that specific area i.e. fore-dune or back dune). The re- vegetation shall be completed, according to a plan submitted to and approved by Collier County Current Planning Environmental Staff, prior to the issuance of a Certificate of Occupancy. In addition to re-vegetating the devoid areas of the dune, this plan shall include mitigation for areas of vegetation removed for construction of the platforms and storage areas. Non-native vegetation existing on the dune within the boundary of the Beach Facility parcel shall be removed and replaced with native vegetation. 7. Petitioner shall install appropriate signs in the re-vegetation area indicating that beach users are requested not to intrude into this re-vegetation area. Petitioner shall submit a Gopher Tortoise survey (and if necessary a plan to barricade the work area or a Gopher Tortoise relocation/management plan) to Collier County Current Planning Environmental Staff for review and approval, prior to any site improvements or obtaining any building permits. 9. Petitioner shall submit copies of all necessary agency permits (i.e. FGFWFC for Gopher Tortoise) prior to any site improvements or obtaining any building permits. .10. Petitioner shall field locate platforms and storage areas to avoid or minimize potential impacts to existing Gopher Tortoises and their burrows. Petitioner shall remove all exotic vegetation from the boundary of the North Beach Facility in accordance with the Collier County Land Development Code, Section 3.9.6.6. '12. Minor revisions to Coastal construction Setback Line Variance CCSL-2000-4A (including changes in siting and structures) may be approved, in writing, by the Planning Services Director or his/her designee. This Resolution adopted after motion, second and majority vote favoring same. DONE AND ORDERED this day of .,2000. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DATE: ATTEST: BY: DWIGHT E. BROCK, Clerk TIMOTHY J. CONSTANTINE, Chairman DEPUTY CLERK Approved as to Form and Legal Sufficiency: Marjafie M.-Student- Assistant County Attorney AUI 0 1 2000 12. Petitioner shall notify Current Planning Environmental Staff one week prior to commencing work seaward of the CCSL and shall again contact Staff within one week following completion ofxvork seaward of the CCSL. Outdoor lighting associated with construction, or development within three hundred (300) feet of the high tide line, shall be in compliance with Division 3.10 of the Collier County Land Development Code. Petitioner shall utilize only native coastal dune vegetation for all on-site landscaping beyond the 1974 Coastal construction Control Line. Petitioner shall re-vegetate the dune where the dune is devoid of coastal dune vegetation (appropriate to that specific area i.e. fore-dune or back dune). The re- vegetation shall be completed, according to a plan submitted to and approved by Collier County Current Planning Environmental Staff, prior to the issuance of a Certificate of Occupancy. In addition to re-vegetating the devoid areas of the dune, this plan shall include mitigation for areas of vegetation removed for construction of the platforms and storage areas. Non-native vegetation existing on the dune within the boundary of the Beach Facility parcel shall be removed and replaced with native vegetation. Petitioner shall install appropriate signs in the re-vegetation area indicating that beach users are requested not to intrude into this re-vegetation area. Petitioner shall submit a Gopher Tortoise survey (and if necessary a plan to barricade the work area or a Gopher Tortoise relocation/management plan) to Collier County Current Planning Environmental Staff for review and approval, prior to any site improvements or obtaining any building permits. Petitioner shall submit copies of all necessary agency permits (i.e. FGFWFC for Gopher Tortoise) prior to any site improvements or obtaining any building permits. Petitioner shall field locate platforms and storage areas to avoid or minimize potential impacts to existing Gopher tortoise and their burrows. Petitioner shall remove all exotic vegetation from the boundary of the North Beach Facility in accordance with The Collier County Land Development Code Section 3.9.6.6. Minor revisions to Coastal construction Setback Line Variance CCSL-2000-4A (including changes in siting and structures) may be approved, in writing, by the Planning Services Director or his/her designee. AUG 0 1 2ooo 11.5.13 For all beach front land development related projects require dune stabilization and restoration improvements, the removal of exotic vegetation, and replacement with native vegetation as appropriate. ENVIRONMENTAL ISSUES: The Pelican Bay North Beach Facility has constructed a restaurant, decking and dune walkovers over a portion of the dune system at this location. At the time of these improvements, they were required to restore any area of the dune, which was devoid of dune vegetation. This was to ensure the integrity of the dune system at this site and to maintained it as well as possible, as a natural functioning system. It is essential to the shoreline for the existing dune vegetation to be maintained and for any sparse areas to be planted, to provide protection and stabilization to the system as a whole. To mitigate for the impacts to native dune vegetation removed during the construction of these improvements, non-native dune vegetation on this site will be replaced with native compatible dune vegetation. The other major environmental issue is the presence of Sea turtles that nest on this beach between May 1 and October 31 each year. The ultimate goal is to protect their nesting into the future. The location of the improvements on top of the dune will provide such assurances. HISTORICAL/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. PLANNING SERVICES STAFF RECOMMENDATION: Staff recommends approval of Petition No. CCSL-2000-4A subject to the following stipulations: All proposed improvements shall be designed in accordance with the standards of the Florida Department of Environmental Protection (FDEP) Division of Beaches and Shores and an approved FDEP permit shall be obtained, and copies provided, prior to issuance of a Collier County Building Permit. Construction activities shall not occur within one hundred (100) feet of the sea turtle nesting zone, defined by Collier County Land Development Code Division 3.10, between May 1 - October 31, sea turtle nesting season, without first submitting and obtaining FDEP and Collier County Construction in Sea Turtle Nesting Area Permits. AGEN~,~ I'/.E bl .o. £:,~ AUG 0 1 2ooo LEGAL DESCRIPTION PELICAN BAY - SOUTH BEACH All that part of Section 8, Township 49 South, Range 25 East, Collier County, Florida and being described as follows: Commencing at the northwest corner of Parcel "D", Pelican Bay Unit One according to the plat thereof as recorded in Plat Book 12, pages 47 thru 52, Collier County Public Records, Collier County, Florida; thence along the westerly line of said Parcel "D", South l°39'00" East 167.00 feet; thence South 77045'59" West 1866.52 feet to a point on the Florida Department of Natural Resources Coastal Construction Control Line and the POINT OF BEGINNING of the parcel herein described; thence continue along said Control Line South 4°11'15.7" East 618.31 feet; thence continue along said Control Line South 5052'49.9" East 425 feet more or less to the Mean High Water Line of Clam Pass: thence northwesterly along the Mean High Water Line of said Clam Pass and northwesterly along the Mean High Water Line of the Gulf of Mexico, 1150 feet more or less to a point which lies on a line that bears South 89026'00" west from the Point of Beginning; thence along said line North 89o26'00" East 181 feet more or less to the Point of Beginning of the parcel herein described; subject to easements and restriction of record. PELICAN BAY - NORTH BEACH Commencing at the Northeast corner of the Northwest one- quarter (NW1/4) of said Section 4, Township 49 South, Range 25 East; thence North 89038'59" West, along the North line of said Section 4, a distance of 2642.02 feet to the Northwest corner of said Section 4 and the Northeast corner of said Section 5; thence continue North 89°38'59" West, along the North line of said Section 5, a distance of 1283.47 feet to the intersection with the Florida Department of Natural Resources Coastal Construction Control Line, as recorded in COASTAL SET BACK BOOK 1, Pages 13-25; thence Southerly along said Coastal Construction Control Line the following courses: South 11a23'55.5" East a distance of 142.75 feet to a point on the Coastal Construction Control Line, said point being South 38°49'24.3" East, a distance of 322.15 feet form P.R.M. 64-78-A-07; thence South 10°39'14" East, a distance of 1027.72 feet; thence South 08°23'14.6" East, a distance of 1007.78 feet to a point, said point being South 86°54'27" East, a distance of 68.13 feet from Permanent Reference Monument R-35; thence South 08°09'45" East a distance of 419.48 feet to the POINT OF BEGINNING of the parcel described herein: thence continue South 08°09'45" East along said Control Line for 562.00 feet; thence leaving said Coastal Construction Control Line, proceed due West for approximately 228 feet to the Mean High Water Line of the Gulf of Mexico; thence proceed Northerly along the Mean High Water Line for approximately 562 feet; thence proceed due East for approximately 225 feet to the Point of Beginning on said Coastal Construction Control Line. AS PROVIDED BY CLIENT AUG 0 1 2000 EAC RECOMMENDATION: N/A. CCSL variances are not required to be heard by the EAC. CCPC RECOMMENDATION: N/A. CCSL variances are not required to be heard by the CCPC. PREPARED BY: BARBARA S. BURGESOtq SR. ENVIRONMENTAL SPECIALIST CURRENT PLANNING SECTION DATE REVIEWED BY: ',_ 7 ', -RONALD F. NINO, AICP, MANAGE~R CURRENT PLANNING SECTION DATE t~Ot~P~T J. MULHERE,-'~-~-~P, DIRECTOR PL~/,~//~G SERVICES DEPARTMENT DATE VINCENT A. CAUTERO, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION executive summary/CCSL-2000-4A AGENp~..JT,~M No. ~' ! r.~. AUG 0 1 200 ! 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 30 31 32 33 34 35 36 37 RESOLUTION NO. 2000- RESOLUTION APPROVING WITH CONDITIONS PETITION CCSL-2000-4A, REQUESTING A VAR1ANCE FROM THE COASTAL CONSTRUCTION SETBACK LINE (CCSL) TO ALLOW FOR CONSTRUCTION OF UMBRELLA BOX PLATFOR31S AND ASSOCIATED DUNE WALKOVERS, AND DESIGNATED AREAS FOR BEACH CONCESSION STORAGE, LOCATED AT THE PELICAN BAY NORTH BEACH FACILITIES, PELICAN BAY PLANNED UNIT DEVELOPMENT (SEE EXHIBIT A FOR LEGAL DESCRIPTION), SECTION 4, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FL. WHEREAS, Brett D. Moore of Humiston & Moore Engineers, representing The Pelican Bay Foundation Inc. requests a variance from the Coastal Construction Setback Line (CCSL) as required by the Collier County Ordinance 91-102 Division 3.13, as amended, to allow construction of umbrella box platforms and associated dune walkovers and designated areas for beach concession storage (Exhibit A); and WHEREAS, the subject property is located at the Pelican Bay North Beach Facility, Pelican Bay Planned Unit Development; and WHEREAS, the proposed improvements will extend no further out than approximately 130 feet seaward of the adopted coastal construction setback line CCSL; and WHEREAS, the subject property had a CCSL variance (CCSL-97-1A) approved by the Board of County Commissioners for structural improvements; and WHEREAS, the petition is consistent with the Collier County Land Development Code, Division 3.13, as amended; and WHEREAS, the petition is consistent with the Collier County Growth Management Plan - Conservation and Coastal Management Element. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 38 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: Variance Petition 39 CCSL-2000-4A be approved, subject to the following conditions: 40 41 42 43 44 45 2. 46 47 48 49 50 3. 51 52 53 54 4. 55 56 All proposed improvements shall be designed in accordance with the standards of the Florida Department of Environmental Protection (FDEP) Division of Beaches and Shores and an approved FDEP permit shall be obtained, and copies provided, prior to issuance of a Collier County Building Permit. Construction activities shall not occur within one hundred (100) feet of the sea turtle nesting zone, defined by Collier County Land Development Code Division 3.10, between May 1 - October 31, sea turtle nesting season, without first submitting and obtaining FDEP and Collier County Construction in Sea Turtle Nesting Area Permits. Petitioner shall notify Current Planning Environmental Staff one week prior to commencing work seaward of the CCSL and shall again contact Staff within one week following completion of work seaward of the CCSL. Outdoor lighting associated with construction, or development within three hundred (300) feet of the high tide line, shall be in compliance with Division 3.10 of the Collier County Land Development Code. o .1 0 0 0 0 o o ~ ~ AGE N.[:~ I~M AUG 0 EXECUTIVE SUMMARY PETITION CCSL-2000-4B, BRETT D. MOORE, PE, OF HUMISTON AND MOORE ENGINEERS, REPRESENTING THE PELICAN BAY FOUNDATION, INC., REQUESTING A COASTAL CONSTRUCTION SETBACK LINE VARIANCE TO ALLOW FOR CONSTRUCTION OF UMBRELLA BOX PLATFORMS AND ASSOCIATED DUNE WALKOVERS, AND DESIGNATED AREAS FOR BEACH CONCESSION STORAGE, LOCATED AT THE PELICAN BAY SOUTH BEACH FACILITIES, PELICAN BAY PLANNED UNIT DEVELOPMENT (SEE EXHIBIT A FOR LEGAL DESCRIPTION), SECTION 8, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FL. OBJECTIVE: The petitioner requests a Coastal Construction Setback Line (CCSL) Variance of approximately one hundred forty (140+) feet for the construction of a umbrella box platforms and associated dune walkovers and designated areas for beach concession storage (See Exhibit B). CONSIDERATIONS: The subject property is located at the private South Beach Facility owned by Pelican Bay Foundation within the Pelican Bay PUD. The petitioner proposes to mitigate for the removal of vegetation from the areas where the platforms and storage areas will be constructed. The petitioner will avoid or minimize impacts to the Gopher Tortoise population which exists on site by field locating proposed improvements. Exotic vegetation will be removed from the boundary of the South Beach Facility in accordance with the Collier County Land Development Code Section 3.9.6.6. The petition is consistent with the Collier County Land Development Code and Growth Management Plan - Conservation and Coastal Management Element. In consideration of the above, Staff finds the proposed construction to be consistent with the variance conditions of Collier County Ordinance No. 90-102, Division ~ ~ n~ amended. , , . AUG 0 1 2000 ~go ] _ FISCAL IMPACT: Approval of this petition would have no fiscal impact on the County. GROWTH MANAGEMENT IMPACT: OBJECTIVE (CONSERVATION AND COASTAL MANAGEMENT ELEMENT) 11.4 Until the Coastal Barrier and Beach System Management Plan is adopted (Objective 11.6), protect developed coastal barriers and developed shorelines by establishing mechanisms or projects which limit the effects of development and which help in the restoration of the natural functions of coastal barriers and affected beaches and dunes. POLICY 11.4.4 Require dune stabilization and restoration improvements in land development projects along beach areas. 11.4.5 Initiate and support beach and dune restoration and preservation programs where appropriate. 11.4.6 Require native vegetation as landscaping in developed activities in developed coastal barrier systems and on the beach and dune systems. OBJECTIVE (CONSERVATION AND COASTAL MANAGEMENT ELEMENT) 11.5 For undeveloped shorelines, provide improved opportunities for recreational, educational, scientific, and esthetic enjoyment of coastal resources by protecting beaches and dunes and by utilizing or where necessary establishing construction standards which will minimize the impact of manmade structures on the beach and dune systems. POLICY 11.5.4 Prohibit construction of any structure seaward of the Coastal Construction Control Line. Exception shall be for passive recreational structures access crossovers, and where enforcement would not allow any reasonable economic utilization of such property. In the latter event, require construction that minimizes interference with natural function of such beaches and dunes. 11.5.11 Construction activities shall not interfere with the sea turtle nesting, shall preserve or replace any vegetation on the site, and shall maintain the natural b, profile and minimize interference with the natural beach dynamics and functic AGI::N~ 1. AUG 0 1 2000 .5.'13 For all beach front land development related projects require dune stabilization and restoration improvements, the removal of exotic vegetation, and replacement with native vegetation as appropriate. ENVIRONMENTAL ISSUES: The Pelican Bay South Beach Facility has constructed a restaurant, store, decking and dune walkovers over a portion of the dune system at this location. At the time of these improvements, they were required to restore any area of the dune, which was devoid of dune vegetation. This was to ensure the integrity of the dune system at this site and to maintained it as well as possible, as a natural functioning system. It is essential to the shoreline for the existing dune vegetation to be maintained and for any sparse areas to be planted, to provide protection and stabilization to the system as a whole. To mitigate for the impacts to native dune vegetation removed during the construction of these improvements, non-native dune vegetation on this site will be replaced with native compatible dune vegetation. The other major environmental issue is the presence of Sea turtles that nest on this beach between May 1 and October 31 each year. The ultimate goal is to protect their nesting into the future. The location of the improvements on top of the dune will provide such assurances. HISTORICAL/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. PLANNING SERVICES STAFF RECOMMENDATION: Staff recommends approval of Petition No. CCSL-2000-4B subject to the following stipulations: All proposed improvements shall be designed in accordance with the standards of the Florida Department of Environmental Protection (FDEP) Division of Beaches and Shores and an approved FDEP permit shall be obtained, and copies provided, prior to issuance of a Collier County Building Permit. ~ Construction activities shall not occur within one hundred (100) feet of the sea turtle nesting zone, defined by Collier County Land Development Code Division 3.10, between May 1 - October 31, sea turtle nesting season, without first submitting and obtaining FDEP and Collier County Construction in Sea Turtle Nesting Area Permits. AGE I~'~ I~T~M No. AUG 0 1 ; oo0 10. 11. 12. Petitioner shall notify Current Planning Environmental Staff one week prior to commencing work seaward of the CCSL and shall again contact Staff within one week following completion of work seaward of the CCSL. Outdoor ligMing associated with construction, or development within three hundred (300) feet of the high tide line, shall be in compliance with Division 3.10 of the Collier County Land Development Code. Petitioner shall utilize only native coastal dune vegetation for all on-site landscaping beyond the 1974 Coastal construction Control Line. Petitioner shall re-vegetate the dune where the dune is devoid of coastal dune vegetation (appropriate to that specific area i.e. fore-dune or back dune). The re- vegetation shall be completed, according to a plan submitted to and approved by Collier County Current Planning Environmental Staff, prior to the issuance of a Certificate of Occupancy. In addition to re-vegetating the devoid areas of the dune, this plan shall include mitigation for areas of vegetation removed for construction of the platforms and storage areas. Non-native vegetation existing on the dune within the boundary of the Beach Facility parcel shall be removed and replaced with native vegetation. Petitioner shall install appropriate signs in the re-vegetation area indicating that beach users are requested not to intrude into this re-vegetation area. Petitioner shall submit a Gopher Tortoise survey (and if necessary a plan to barricade the work area or a Gopher Tortoise relocation/management plan) to Collier County Current Planning Environmental Staff for review and approval, prior to any site improvements or obtaining any building permits. Petitioner shall submit copies of all necessary agency permits (i.e. FGFWFC for Gopher Tortoise) prior to any site improvements or obtaining any building permits. Petitioner shall field locate platforms and storage areas to avoid or minimize potential impacts to existing Gopher tortoise and their burrows. Petitioner shall remove all exotic vegetation from the boundary of the South Beach Facility in accordance with The Collier County Land Development Code Section 3.9.6.6. Minor revisions to Coastal construction Setback Line Variance CCSL-2000-4B (including changes in siting and structures) may be approved, in writing, by the Planning Services Director or his/her designee. AGEND_~ ITEM No. Ir~l AUG 0 1 2000 EAC RECOMMENDATION: N/A. CCSL variances are not required to be heard by the EAC. CCPC RECOMMENDATION: N/A. CCSL variances are not required to be heard by the CCPC. PREPARED BY: BARBARA S. BURGESOI~ SR. ENVIRONMENTAL SPECIALIST CURRENT PLANNING SECTION DATE REVIEWED BY: ..,-'RONALD F. NINO, AICP, MANAGER CURRENT PLANNING SECTION DATE T - AICP, DIRECTOR DATE P L~QNN~G SERVICES DEPARTMENT VINCENT A. CAUTERO, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION executive summary/CCSL-2000-4B AGENQ/~ ~...~M No. I"7 AUG o 1 2000 LEGAL DESCRIPTION PELICAN BAY - SOUTH BEACH All that part of Section 8, Township 49 South, Range 25 East, Collier County, Florida and being described as follows: Commencing at the northwest corner of Parcel "D", Pelican Bay Unit One according to the plat thereof as recorded in Plat Book 12, pages 47 thru 52, Collier County Public Records, Collier County, Florida; thence along the westerly line of said Parcel "D", South l°39'00" East 167.00 feet; thence South 77°45'59" West 1866.52 feet to a point on the Florida Department of Natural Resources Coastal Construction Control Line and the POINT OF BEGINNING of the parcel herein described; thence continue along said Control Line South 4°11'15.7" East 618.31 feet; thence continue along said Control Line South 5°52'49.9" East 425 feet more or less to the Mean High Water Line of Clam Pass: thence northwesterly along the Mean High Water Line of said Clam Pass and northwesterly along the Mean High Water Line of the Gulf of Mexico, 1150 feet more or less to a point which lies on a line that bears South 89~26'00" West from the Point of Beginning; thence along said line North 89~26'00" East 181 feet more or less to the Point of Beginning of the parcel herein described; subject to easements and restriction of record. PELICAN BAY - NORTH BEACH Commencing at the Northeast corner of the Northwest one- quarter (NW1/4) of said Section 4, Township 49 South, Range 25 East; thence North 89~38'59" West, along the North line of said Section 4, a distance of 2642.02 feet to the Northwest corner of said Section 4 and the Northeast corner of said Section 5; thence continue North 89~38'59" West, along the North line of said Section 5, a distance of 1283.47 feet to the intersection with the Florida Department of Natural Resources Coastal Construction Control Line, as recorded in COASTAL SET BACK BOOK 1, Pages 13-25; thence Southerly along said Coastal Construction Control Line the following courses: South 11~23'55.5" East a distance of 142.75 feet to a point on the Coastal Construction Control Line, said point being South 38~49'24.3" East, a distance of 322.15 feet form P.R.M. 64-78-A-07; thence South 10"39'14" East, a distance of 1027.72 feet; thence South 08°23'14.6" East, a distance of 1007.78 feet to a point, said point being South 86~54'27" East, a distance of 68.13 feet from Permanent Reference Monument R-35; thence South 08"09'45" East a distance of 419.48 feet to the POINT OF BEGINNING of the parcel described herein: thence continue South 08°09'45" East along said Control Line for 562.00 feet; thence leaving said Coastal Construction Control Line, proceed due West for approximately 228 feet to the Mean High Water Line of the Gulf of Mexico; thence proceed Northerly along the Mean High Water Line for approximately 562 feet; thence proceed due East for approximately 225 feet to the Point of Beginning on said Coastal Construction Control Line. ~ AS PROVIDED BY CLIENT AG EN. DA ITHM AUG 0 ~Z E)qi:k L~ 0 X 0 C3 0 Pg. 1 2 3 4 $ 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 35 36 RESOLUTION NO. 2000-__ RESOLUTION APPROVING WITH CONDITIONS PETITION CCSL-2000-4B, REQUESTING A VARIANCE FROM THE COASTAL CONSTRUCTION SETBACK LINE (CCSL) TO ALLOW FOR CONSTRUCTION OF UMBRELLA BOX PLATFORMS AND ASSOCIATED DUNE WALKOVERS, AND DESIGNATED AREAS FOR BEACH CONCESSION STORAGE, LOCATED AT THE PELICAN BAY SOUTH BEACH FACILITIES, PELICAN BAY PLANNED UNIT DEVELOPMENT (SEE EXHIBIT A FOR LEGAL DESCRIPTION), SECTION 8, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FL. WHEREAS, Brett D. Moore of Humiston & Moore Engineers, representing The Pelican Bay Foundation Inc. requests a variance from the Coastal Construction Setback Line (CCSL) as required by the Collier County Ordinance 91-102 Division 3.13, as amended, to allow construction of umbrella box platforms and associated dune walkovers and designated areas for beach concession storage (Exhibit A); and WHEREAS, the subject property is located at the Pelican Bay South Beach Facility, Pelican Bay Planned Unit Development; and WHEREAS, the proposed improvements will extend no further out than approximately 140 feet seaward of the adopted coastal construction setback line CCSL; and WHEREAS, the subject property had a CCSL variance (CCSL-97-1B) approved by the Board of County Commissioners for structural improvements; and WHEREAS, the petition is consistent with the Collier County Land Development Code, Division 3.13, as amended; and WHEREAS, the petition is consistent with the Collier County Growth Management Plan - Conservation and Coastal Management Element. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 37 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: Variance Petition 38 CCSL-2000-4B be approved, subject to the following conditions: 39 1. 40 41 42 43 44 2. 45 46 47 48 49 3. 50 51 52 53 4. 54 55 56 All proposed improvements shall be designed in accordance with the standards of the Florida Department of Environmental Protection (FDEP) Division of Beaches and Shores and an approved FDEP permit shall be obtained, and copies provided, prior to issuance of a Collier County Building Permit. Construction activities shall not occur within one hundred (100) feet of the sea turtle nesting zone, defined by Collier County Land Development Code Division 3.10, between May 1 - October 31, sea turtle nesting season, without first submitting and obtaining FDEP and Collier County Construction in Sea Turtle Nesting Area Permits. Petitioner shall notify Current Planning Environmental Staff one week prior to commencing work seaward of the CCSL and shall again contact Staff within one week following completion of work seaward of the CCSL. Outdoor lighting associated with construction, or development within three hundred (300) feet of the high tide line, shall be in compliance with Division 3.10 of the Collier County Land Development Code. / UG 0 1 ZOO0 1 2 3 4 5 6 7 8 9 lo 11 12 13 14 15 16 17 18 19 2o 21 22 23 24 25 26 27 28 29 3o 31 32 33 34 35 36 37 38 39 4o 41 42 43 44 45 46 47 48 49 5o 51 52 53 54 55 56 57 58 59 60 Petitioner shall utilize only native coastal dune vegetation for all on-site landscaping beyond the 1974 Coastal Construction Control Line. Petitioner shall re-vegetate the dune where the dune is devoid of coastal dune vegetation (appropriate to that specific area i.e. fore-dune or back dune). The re- vegetation shall be completed, according to a plan submitted to and approved by Collier County Current Planning Environmental Staff, prior to the issuance of a Certificate of Occupancy. In addition to re-vegetating the devoid areas of the dune, this plan shall include mitigation for areas of vegetation removed for construction of the platforms and storage areas. Non-native vegetation existing on the dune within the boundary of the Beach Facility parcel shall be removed and replaced with native vegetation. Petitioner shall install appropriate signs in the re-vegetation area indicating that beach users are requested not to intrude into this re-vegetation area. Petitioner shall submit a Gopher Tortoise survey (and if necessary a plan to barricade the work area or a Gopher Tortoise relocation/management plan) to Collier County Current Planning Environmental Staff for review and approval, prior to any site improvements or obtaining any building permits. 9. Petitioner shall submit copies of all necessary agency permits (i.e. FGFWFC for Gopher Tortoise) prior to any site improvements or obtaining any building permits. 10. Petitioner shall field locate platforms and storage areas to avoid or minimize potential impacts to existing Gopher Tortoises and their burrows. Petitioner shall remove all exotic vegetation from the boundary of the South Beach Facility in accordance with the Collier County Land Development Code, Section 3.9.6.6. 12. Minor revisions to Coastal construction Setback Line Variance CCSL-2000-4B (including changes in siting and structures) may be approved, in writing, by the Planning Services Director or his/her designee. This Resolution adopted after motion, second and majority vote favoring same. DONE AND ORDERED this day of ,2000. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DATE: ATTEST: BY: DWIGHT E. BROCK, Clerk TIMOTHY J. CONSTANTINE, Chairman DEPUTY CLERK Approved as to Form and Legal Sufficiency: Marjori0 M. Student Assistant County Attorney AUG 0 1 2000 EXECUTIVE SUMMARY PETITION V-2000-11, J.D. ALLEN REPRESENTING BILL CHAPIN REQUESTING A 10 FOOT VARIANCE FROM THE REQUIRED COMBINED SIDE YARDS OF 20 PERCENT OF THE LOT WIDTH NOT TO EXCEED 50 FEET, TO ALLOW FOR 40 FOOT COMBINED SIDE YARDS FOR A PROPERTY LOCATED ON BUSINESS LANE AND IS FURTHER DESCRIBED AS LOTS 12 AND 13, NORTH COLLIER INDUSTRIAL CENTER, COLLIER COUNTY, FLORIDA. OBJECTIVE: The petitioner is requesting the above-described variance in order to develop an industrial site with reduced side setbacks. CONSIDERATIONS: The petitioner wishes to build an industrial building on these 2 lots. The combined width of these two lots is 260 feet. The Land development Code requires combined side yards of 20 percent of the lot width not to exceed 50 feet. By combining the two lots the resulting parcel is wider than it is deep. In the opinion of the applicant, they are being penalized by building on a parcel that is wider than usual industrial lots. There are no other non-residential zoning where the required side yard setback is as stringent as the industrial district is with wide lots. As an example all commercial districts require either 15 foot side setback or one half of the building height with a minimum of 15 feet. Staff did not receive any objections to .this request. During the Collier County Planning Commission's hearing no one spoke against this variance nor otherwise registered any objection. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: None. ENVIRONMENTAL ISSUES: None. AGE N p~k.jT,F.~ AUG 0 1 2000 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 CCPC AND EAC: Staff recommended that the CCPC forward this petition to the BZA with a recommendation for approval. This petition was exempt from the review by the EAC. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning commission reviewed V-2000-11 on June t 5, 2000 and by a vote of 8-0 recommended that the Board of Zoning Appeals approve this petition. 2 " ' AG E N ~).~.IT.E,~ NO. ~ AUG 0 ~ ~000 _Pg:. ~ AGENDA ITEM 7-A TO: FROM DATE: June 1, 2000 RE: PETITION V-2000-11 MEMORANDUM COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION AGENT/APPLICANT: Owner: Bill Chapin 10533 Tamiami Trail North Naples, FL. 34108 AGENT: J. D. Allen 267 Airport Road South Naples, FL. 34104 REQUESTED ACTION: The petitioner requests a 10-foot variance from the required combined side yards of 20 percent of the lot width not to exceed 50 feet, to allow for 40 foot combined side yards. GEOGRAPHIC LOCATION: The subject property is located on Business Lane and is further described as Lots 12 and 13, North Collier Industrial Center, Collier County, Florida. PURPOSE/DESCRIPTION OF PROJECT: The petitioner wishes to build an industrial building on these 2 lots. The combined width of these two lots is 260 feet. The Land development Code requires combined side yards of 20 percent of the lot width not to exceed 50 feet. By combining the two lots the resulting parcel is wider than it is deep. In the opinion of the applicant, they are being penalized by building on a parcel that is wider than usual industrial lots. There are no AG EN Dv~ JTF.~... NO. ~ AUG 0 i 2000 PREPARED BY: CHAHRAM BADAMTCHIAN, Ph.D., AICP PRINCIPAL PLANNER DATE REVIEWED BY: RONALD F. NINO, AICP, MANAGER CURRENT PLANNING SECTION J. MULHERE, AICP, DIRECTOR G SERVICES DATE DATE APPRO~~ VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 3 AUG 0 1 2000 other non-residential zoning where the required side yard setback is as stringent as the industrial district is with wide lots. As an example all commercial districts require either 15 foot side setback or one half of the building height with a minimum of 15 feet. SURROUNDING LAND USE AND ZONING: Subject property: Vacant property; zoned "1" Industrial Surrounding: North - Warehouse, zoned "1" Industrial East - Warehouse, zoned 'T' Industrial South - Warehouse, zoned 'T' Industrial West -Warehouse, zoned "1" Industrial 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. TRANSPORTATION, INFRASTRUCTURE AND ENVIRONMENT IMPACTS: 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 lot in question is not a usual industrial lot which is usually 100 to 150 foot wide. This property because of its width is required to provide a larger side yard setback than any other non-residential property of similar size. 2 AGENDAI.~ NO. ~ AUG 0 1 zooo ;I 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 property is vacant and can be built with larger setbacks than the applicant wishes. However, it is important to note that even with a variance, this site will provide 20~foot setback on each side, whereas, the adjoining sites contain a 13 foot side setback on each side. Will a literal interpretation of the provisions of this Land Development Code work unnecessary and undue hardship on the applicant? There is no land-related hardship. However, a literal interpretation of the provisions of the LDC will force the applicant to provide side yard setbacks almost twice the size of the side yard setbacks on neighboring properties. 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 a variance is not necessary to make possible the reasonable use of the land. 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 side yard than would be permitted for a similar size lot in the Industrial zoning district. 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, 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.? NO. 3 AUG 0 1 2000 other non-residential zoning where the required side yard setback is as stringent as the industrial district is with wide lots. As an example all commercial districts require either 15 foot side setback or one half of the building height with a minimum of 15 feet. SURROUNDING LAND USE AND ZONING: Subject property: Vacant property; zoned 'T' Industrial Surrounding: North - Warehouse, zoned "1" Industrial East - Warehouse, zoned "1" Industrial South - Warehouse, zoned 'T' Industrial West -Warehouse, zoned 'T' Industrial 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. TRANSPORTATION, INFRASTRUCTURE AND ENVIRONMENT IMPACTS: 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 lot in question is not a usual industrial Io~which are usually 100 to 150 foot wide. This property because of its width is required to provide a larger side yard setback than any other non-residential property of similar size. 2 AUG 0 1 Z000 PREPARED BY: Chahram Badamtchian, Ph.D., AICP Principal Planner R~V~EWEp BY: R~)'NAt_DLF! ~1~O, AICP CURRENT PLANNING MANAGER S .WC S APP?OVED BY: ~ Vi~.'~-'CAU T~~/~ COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR DATE '- h DATE DATE DATE Petition Number: V-2000-11 Staff report for the June15, 2000 CCPC meeting. This Petition has been scheduled for the August 1,2000 BZA Public Hearing. Collier County Planning Commission: RUSSELL A. BUDD, CHAIRMAN 5 AGENDA No. /t~'"/ I / AUG 0 1 zooo 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 this petition to the BZA with a recommendation for approval. AUG 0 I 2000 Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Homeowner Association: Mailing Address NA City State __ Zip. Name of Homeowner Association: Mailing Address City State __ Zip Name of'Homeowner Association: Mailing Address City State __ Zip Name of Master Association: Mailing Address NA City State ~ Zip Name of Civic Association: Mailing Address NA City State __ Zip PROPERTY DESCRIPTION: Legal Description of Subject Property: Subdivision: North Collier Industrial Center Unit Section 10 _Twp. 48 Range 25E Lot (s) _12,13__ Block (s) ~ Property I.D. # 64040000323 Metes & Bounds Description: Survey attached Address of Subject Property: Application for Variance Petition - 8/98 Business Lane Page 2 of AUG 0 1 2000 VARIANCE PETITION Petition No. (VARIANCE FROM SETBACK (S) REQUIRED FOR A PARTICULAR ZONING DISTRICT) !i ;,I ~. ~i (i ' Date Petition ReceDed: Pl=er Assigned: :~1 :/:~,~' Commission District: ABOVE TO BE COMPLETED BY STAFF GENERAL INFORMATION: Petitioner's Name: Petitioner's Address: Bill Chapin 10533 Tarniami Trail North Naples, FL Telephone: 430-3636 Agent's Name: Agent's Address: J.D. Allen 267 Airport Road South Naples, FL 34104 Telephone: 643-4600 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 Variance Petition - 8/98 Page I of AUG 0 t 2.000 ![, Nature of Petition 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. This petition seeks to reduce the required side yard setback of 50 feet total to 40 feet total., providing a 20-foot side yard setback on each side of the building. The basis of this request is that if the parcels were to develop individually instead of joining them as proposed, the side yard setback requirement would result in a 10' minimum side yard setback unless the building were placed on the property line, resulting in a setback of 0 feet. This proposal provides a greater side yard setback than would be achieved under an individual development scenario without increasing building height. mass. front or rear yard setbacks. The current requirement if applied literally would result in a greater side yard setback on large interior lots in Industrially zoned areas than is required in any commercial district from C-1 to the more intense C-5 zoning district (15'.) The variable side yard setback base on property width has no relationship to building height, or mass. In essence. a small lot measuring the minimum 100' width can place a 50' tall building on one property line, with 20' setback on the other side. or have a 10' setback for each side yard. This proposal doubles that minimum amount under the same height restraints. 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.) I.Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved. Yes. A 50-foot water management easement at the rear of the property reduces the buildable area b' 22%. Application for Variance Petition - 8/98 Page 4 of AGE N D.~..~TE.I~. AUG 0 1 2000 (If different from Petitioner's address) Current Zoning and Land use of Subject Parcel: vacant. I - Industrial. Property is currently Adjacent Zoning & Land Use: ZONING N I S I W I E I LAND USE Office Warehouse Minimum Yard Requirements for Subject Property: Front: 50 feet Comer Lot: Yes [~ Side: 20% of width up to 50 feet either 0' or a min. of 10' No X Rear: 15 feet Waterfront Lot: Yes 1-'] No X Application for Variance Petition - 8/98 Page 3 of 2000 6. Will granting the variance be in harmony' with the intent and purpose of this zoning code, and not be injurious to the nei~borhood, or otherwise detrimental to the public welfare. Yes. 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. Yes. Application for Variance Petition - 8/98 Page 6 ol AGE N D,~.IT..F~M No. ~ AUG 0 1 2000 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. NO. 3. 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 excessive setbacks contained in the LDC reduce buildable envelope while providing no positive benefits since these areas are typicall.v dedicated to impervious use such as driveways and parking. 4. 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. Will ganting 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. Application for Variance Petition - 8/98 Page 5 AGE NI~AJT. E.M. NO. ~ AUG o 1 2000 ~/:. N. ~ - ~,~_73 ~ ~being first au~V ~wor~. depose and say that am/are the owners of the property described herein and which is the subject matter of the propoxed 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 forra, 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// further authorize ], ~) .~LL~ to act as our/my representative in any matters regarding this Petition. Signature of Pr~'rty Owner Typed or Printed Name of Owner Signature of Property Owner Typed or Printed Name of Owner The foregoing instrument was boo a~ , ~ ~.E. Ci,a~n State of Florida County of Collier aaknowledg~before me this ~/q day of ~/~~ ~ personally known tom--e'er has produced' ' as identification~ CHRISTY CUMMINGS COMMISSION NO. CC.618237 App~ldo~ (or ¥1~ce ])eddon - S~)8 Name of Notary Public) Page 8 of 8 AUG o 1 VA RIA N CE PE TI TI 0 N APPLICATION SUBNIITTAL CHECKLIST THIS COMPLETED CHEC~IST IS TO BE SUBM]TTED WITH APPLICATION PACKET! REQUIREMENTS # COPIES REQUIRED I. Completed Application 15 t~' 2. Completed Owner/Agent Affidavit, Notarized 1 3. Pre-appiication notes/minutes 15 4. Survey of property, showing the encroachment 1 (measured in fee0 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, checks shall be made payable to- Collier County Board of'Commissioners 8. Other Requirements - _ As the authorized ~gcnt/applic~t for this petition. I attest ttmt ~11 of the information fixdic~ed on tixis checldi-,t is included in this submittal package. I under, and that failu~ to it~lud~ all necessary submittal infotreaSon may x'¢'Ap~lica~tYAg~nt Signature Application for Vatiam~ Petition - $/95 P~ge 7of$ RESOLUTION NO. 2000- RELATING TO PETITION NUMBER V-2000- 11, FOR A VARIANCE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a 10-foot variance from the required combined side yard setback of 50 feet to 40 feet as shown on the attached plot plan, Exhibit "A", in an "I" Industrial Zoning District for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made ct, ncerning 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-2000-11 filed by Jim Allen of J.D. Allen & Associates, Inc., representing Bill Chapin, with respect to the property hereinafter described as: Lots 12 and 13, North Collier Industrial Center, according to the Plat thereof as recorded in Plat Book 31, Pages 50 through 51, of the Public Records of Collier County, Florida. be and the same hereby is approved for a 10-foot variance from the required combined side yard setback of 50 feet to 40 feet as shown on the attached plot plan, Exhibit "A", of the 'T' Industrial Zoning District wherein said property is located. AUG 2000 AUG 0 ! ~,~ ..~ ~ m.m Z ~ ~ W ~ ~ ~T ~ ~ I ~ ~ ~ ~ ~ ~ W ~ ~ x ~ 00'~ ~ I 00'0~ 00'~I' O0'EB ' O0'BI ~ oo'aa I o~'6t oo'oa b I ' , o ~I0~9 __ Exhibit "A" v-~l~ AUG 0 ] 2000 BE IT RESOLVED that this Resolution relating to Petition Number V-2000-11 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, CHAIILMAN Ma~orl~ M. Student Assistant County Attorney G:tW-2000-11 RESOLUTION/CB/ts -2- AUG 0 1 2000 2.1,, EXECUTIVE SUMMARY PETITION V-2000-13, J.D. ALLEN REPRESENTING BILL CHAPIN REQUESTING A 10 FOOT VARIANCE FROM THE REQUIRED COMBINED SIDE YARDS OF 20 PERCENT OF THE LOT WIDTH NOT TO EXCEED 50 FEET, TO ALLOW FOR 40 FOOT COMBINED SIDE YARDS FOR A PROPERTY LOCATED ON COLLIER CENTER WAY AND IS FURTHER DESCRIBED AS LOT 7 AND THE EAST 60 FOOT OF LOT 6, NORTH COLLIER INDUSTRIAL CENTER, COLLIER COUNTY, FLORIDA. OBJECTIVE: The petitioner is requesting the above-described variance in order to develop an industrial site with reduced side setbacks. CONSIDERATIONS: The petitioner wishes to build an industrial building on these 2 lots. The combined width of these two lots is 260 feet. The Land development Code requires combined side yards of 20 percent of the lot width not to exceed 50 feet. By combining the two lots the resulting parcel is wider than it is deep. In the opinion of the applicant, they are being penalized by building on a parcel that is wider than usual industrial lots. There are no other non-residential zoning where the required side yard setback is as stringent as the industrial district is with wide lots. As an example all commercial districts require either 15 foot side setback or one half of the building height with a minimum of 15 feet. Staff did not receive any objections to this request. During the Collier County Planning Commission's hearing no one spoke against this variance nor otherwise registered any objection. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: None. ENVIRONMENTALISSUES: 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 AND EAC: Staff recommended that the CCPC forward this petition to the BZA with a recommendation for approval. This petition was exempt from the review by the EAC. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning commission reviewed V-2000-13 on June 15, 2000 and by a vote of 8-0 recommended that the Board of Zoning Appeals approve this petition. AGENDa. I..~T~.~ NO. ~ ~,U~ 0 ~ PREPARED BY: CHAHRAM BADAMTCHIAN, Ph.D., AICP PRINCIPAL PLANNER DATE REVIEWED BY: , ' --' .~ ~...~.'~ 'L ~ .~._/ ~' "~"> RONALD F. NINO, AICP, MANAGER~' CURRENT PLANNING SECTION DATE RO~ E R~~, AI Cp,~-~DI RECTOR PLANNING SERVICES DATE APPF~H3'~: VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES AGE N p~!l T-.~,,M NO. I'!:? '! AUG 0 i 200~ pg. '~ AGENDA ITEM 7-B TO: FROM DATE: June 1,2000 RE: PETITION V-2000-13 MEMORANDUM COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION AGENT/APPLICANT: Owner: Bill Chapin 10533 Tamiami Trail North Naples, FL. 34108 AGENT: J. D. Allen 267 Airport Road South Naples, FL. 34104 REQUESTED ACTION: The petitioner requests a 10-foot variance from the required combined side yards of 20 percent of the lot width not to exceed 50 feet to allow for 40 foot combined side yards. GEOGRAPHIC LOCATION: The subject property is located on Collier Center Way and is further described as Lot 7 and the east 60 foot of Lot 6, North Collier Industrial Center, Collier County, Florida. PURPOSE/DESCRIPTION OF PROJECT: The petitioner wishes to build an industrial building on these 2 lots. The combined width of these two lots is 260 feet. The Land development Code requires combined side yards of 20 percent of the lot width not to exceed 50 feet. By combining the two lots the resulting parcel is wider than it is deep. In the opinion of the applicant, they are being penalized by building on a parcel that is wider than usual industrial lots. There are no AUG 0 ]. Z000 ;I other non-residential zoning where the required side yard setback is as stringent as the industrial district is with wide lots. As an example all commercial districts require either 15 foot side setback or one half of the building height with a minimum of 15 feet. SURROUNDING LAND USE AND ZONING: Subject property: Vacant property; zoned "1" Industrial Surrounding: North - Warehouse, zoned "1" Industrial East - Warehouse, zoned "1" Industrial South - Warehouse, zoned "1" Indu{trial West -Warehouse, zoned "1" Industrial 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. TRANSPORTATION, INFRASTRUCTURE AND ENVIRONMENT IMPACTS: 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 lot in question is not a usual industrial lot which is usually 100 to 150 foot wide. This property because of its width is required to provide a larger side yard setback than any other non-residential property of similar size. AGEND~I~'EM .o. /'/~T AUG 0 1 2000 be 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 property is vacant and can be built with larger setbacks than the applicant wishes. However, it is important to note that even with a variance, this site will provide 20-foot setback on each side, whereas, the adjoining sites contain a 13 foot side setback on each side. Will a literal interpretation of the provisions of this Land Development Code work unnecessary and undue hardship on the applicant? There is no land-related hardship. However, a literal interpretation of the provisions of the LDC will force the applicant to provide side yard setbacks almost twice the size of the side yard setbacks on neighboring properties. 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 a variance is not necessary to make possible the reasonable use of the land. 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 side yard than would be permitted for a similar size lot in the Industrial zoning district. 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, 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.? NO. 3 AGE N D,~.~TF,..M AUG 0 J. 2000 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 this petition to the BZA with a recommendation for approval. AGENDA~TEM No. It/-1- AUG o 1 ~ooo PREPARED BY: Chahram Badamtchian, Ph.D., AICP Principal Planner DATE CURRENT PLANNING MANAGER R~U~ERE, AIC~ PLANNING SERVICES DIRECTOR VlN~~C TA.C~U~ERO, AICP ENVIRONMENTAL SERVICES ADMINISTRATOR DATE DATE Petition Number: V-2000-13 Staff report for the June15, 2000 CCPC meeting. This Petition has been scheduled for the August 1, 2000 BZA Public Hearing. Collier County Planning Commission: RUSSELL A. BUDD, CHAIRMAN 5 AGEN[~A~TEM .o. AUG 0 1 2000 P~. ~J VARIANCE PETITION (VARIANCE FROM SETBACK (S) REQUIRED FOR A PARTICULAR Petition No. Commission District: ABOVE TO BE COMPLETED BY STAFF GENERAL INFORMATION: Petitioner's Name: Bill Chapin Petitioner's Address: 10533 Tamiami Trail North Naples, FL Telephone: 430-3636 Agent's Name: Agent's Address: J.D. Allen 267 Airport Road South Naples, FL 34104 Telephone: 643-4600 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 Variance Petition - 8/98 Page AUG o 1 2000 Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Homeowner Association: Mailing Address NA City State ~ Zip Name of Homeowner Association: Mailing Address City State __ Zip. Name of Homeowner Association: Mailing Address City State __. Zip Name of Master Association: Mailing Address NA City State __ Zip Name of Civic Association: Mailing Address NA City State __ Zip PROPERTY DESCRIPTION: Legal Description of Subject Property: Subdivision: Unit Section 10 Twp. 48 Range 25E Lot (s) _6, 7 Property I.D. # Block (s) Metes & Bounds Description: Survey attached Address of Subject Property: Application for Variance Petition - 8/98 Collier Center Way Page No. L/'~/ AUG. 0 1 2000 of 8 / f (If different from Petitioner's address) Current Zoning and Land use of Subject Parcel: vacant. I - Industrial. Property is currently Adjacent Zoning & Land Use: ZONING N I S I W I E I LAND USE Office Warehouse Minimum Yard Requirements for Subject Property: Front: 50 feet Comer Lot: Yes Side: 20% of width up to 50 feet either 0' or a min. of 10' No X Rear: 15 feet Waterfront Lot: Yes ~-] No X- Application for Variance Petition - 8/98 Page AG ENDA~.TE M o 1 2000 of 8 Nature of Petition 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. This petition seeks to reduce the required side yard setback of 50 feet total to 40 feet total, providing a 20-foot side yard setback on each side of the building. The basis of this request is that if the parcels were to develop individually instead of joining them as proposed, the side yard setback requirement would result in a 10' minimum side yard setback unless the building were placed on the property line, resulting in a setback of 0 feet. This proposal provides a greater side yard setback than would be achieved under an individual development scenario without increasing building height, mass, front or rear yard setbacks. The current requirement if'applied literally would result in a greater side yard setback on large interior lots in Industrially zoned areas than is required in any commercial district from C-1 to the more intense Co5 zoning district (15'.) The variable side yard setback base on property width has no relationship to building height, or mass. In essence, a small lot measuring the minimum 100' width can place a 50' tall building on one property line, with 20' setback on the other side, or have a 10' setback for each side yard. This proposal doubles that minimum amount under the same height restraints. 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 circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved. Yes. A 50-foot water management easement at the rear of the property reduces the buildable Application for Variance Petition - 8/98 Page 4 'ea by .o. AUG 0 1 2000 of 8 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. No. 3. 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 excessive setbacks contained in the LDC reduce buildable envelope while providing no positive benefits since these areas are typically dedicated to impervious use such as driveways and parking. 4. 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. 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. Application for Variance Petition - 8/98 Page AUG 0 ! 2OO0 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. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf coarse, etc. NO. 8. Will granting the variance be consistent with the growth management plan. Yes. Application for Variance Petition - 8/98 Page AUG 012000 i of 8 pg. /~ ..... VARIANCE PETITION APPLICATION SUBMITTAL C1TECKLIST TIKIS COMPLETED CHECKLIST IS TO BE SUBMITTED ~ APPLICATION PACKET! REQUIREMENTS # o C, OPIES REQUIRe. D 1. Completed Application 2. "'Completed' Owner/Agent Affidavit, Notarized 3. Pre-applieation notes/minutes 4. Survey of property, showing the enc~'oachment (measured in fee0 5. Site Plan depicting the fo!lowi~g: 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 · ~. Application fee, checks shah be made payable to - Collier County Board of Commissioners 8. Other Requirements - _ As the authoriz~ agent/applicant for thin petition, I attest that all of the i~formation ~ndicated on this checklizt is included in tiffs submittal package. I understand that failure to include .a}l necessary submittal information may r~ault ~ t~e &by of processing of ' petition. Application for Variance Petition - 8/98 Page 7 c ,$ AUG 0 1 2000 lYe/I, ~. ~ - ~O_~} I~ ~I~ 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 propos. ed 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~. lYe/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 shah 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 Weft further authorize ], ~ ,~l,~l~ to act as our/my representative in any matters regarding this Petition. Signature of Prd~ty Owner Typed or Printe~l Name of Owner Signature of Property Owner Typed or Printed Name of Owner The foregoing ins~.trument was acknowledged~befor..e me .this ---~ . day of ~c~ , -~ .., by ~d.~. (J~D D~ D o~'~-personally known to m-~r has produced as identification. State of Florida County of Collier OFFICIAL NOTARY SEAL CI-IR~ CUMMINGS NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO. CC~18237 MY COMMIKS[ON EXP. FEB. 3,2001 Applk~tl~ for V~'im~ Petition - 8/98 (Print, Type, ~r $t~np Comz, ~issio~' . ~ ~, Name of Notary Public) AUG 0 1 2000 AUG 0 1 2000 RESOLUTION NO. 2000- RELATING TO PETITION NUMBER V-2000- 13, 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 heating after notice as in said regulations made and provided, and has considered the advisability of a 10-foot variance from the required combined side yard setback of 50 feet to 40 feet as shown on the attached plot plan, Exhibit "A", in an 'T' Industrial Zoning District 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-2000-13 filed by Jim Allen, of J.D. Allen & Associates, Inc., representing Bill Chapin, with respect to the property hereinafter described as: Lot 7 and the east 60 feet of Lot 6, North Collier Industrial Center, according to the Plat thereof as recorded in Plat Book 31, Pages 50 through 51, of the Public Records of Collier County, Florida. be and the same hereby is approved for a 10-foot variance from the required combined side yard setback of 50 feet to 40 feet as shown on the attached plot plan, Exhibit "A", of the 'T' Industrial Zoning District wherein said property is located. -1- ~0. ~ hUG 0 1 2000 BE IT RESOLVED that this Resolution relating to Petition Number V-2000-13 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: 'Ma~rjorli~ M. Student Assistant County Attorney G:/V-2000-13 RESOLUTION/CB/ts TIMOTHY J. CONSTANTINE, CHAIRMAN -2- AGE Np.~,~T.F~I No. AUG 0 1 2000 I~ OJ Z c q 3NOZ ~ ! ~ Nc EXECUTIVE SUMMARY PETITION SNR-2000-03, D. WAYNE ARNOLD, AICP, REPRESENTING WCl COMMUNITIES, INCORPORATED, REQUESTING A STREET NAME CHANGE FROM PELICAN MARSH BOULEVARD TO TIBURON BOULEVARD EAST, LOCATED IN THE PELICAN MARSH PUD, IN SECTION 36, TOWNSHIP 48 SOUTH, RANGE 25 EAST. OBJECTIVE: The Petitioner requests a street name change from Pelican Marsh Boulevard to Tiburon Boulevard East. CONSIDERATIONS: The Petitioner states that the proposed change would "more accurately identify that portion of Pelican Marsh PUD located east of Airport Road which is developed and marketed as Tiburon." The petitioner has met the requirements for a street name change. The single owner of property abutting the street in question has .granted his approval of the change. The proposed street name does not duplicate an existing street name and is not phonetically similar to an existing street name. FISCAL IMPACT: Fiscal impact the County to Administrator's agency will be incurred in the form of Staff time spent revising plats and addressing records. Fiscal impact to fire, police (Sheriff), Post Office, EMS, and 911 Emergency Services will be incurred in the form of costs to update records and maps. GROWTH MANAGEMENT IMPACT: The renaming of the street will have no impact on the Growth Management Plan. ENVIRONMENTAL ISSUES: Not applicable. AUG 0 1 2000 8 AUG o i~ HISTORICAL/ARCHAEOLOGICAL IMPACT: Not applicable. PLANNING SERVICES STAFF RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Petition SNR 2000-03, changing the name of Pelican Marsh Boulevard to Tiburon Boulevard East. EAC RECOMMENDATION: Not applicable. CCPC RECOMMENDATION: Not applicable (The CCPC does not hear Street Name Change petitions). AUG 0 1 2o00 PREPARED BY: F~O~S GOCHENAUR, PLANNER II CURRENT PLANNING REVIEWED BY: DATE INO, AIC , CURRENT PLANNING MANAGER PLANNING SERVICES DIRECTOR DATE DATE AP PR~:)VED~BY: - VI~CI~N~ A. CAUTLdR~', )~ICP, AD~v11NISTRATOR COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE SNRo2000-03 AUG 0 1 2000 1 2 3 4 5 6 7 8 9 lO 11 RESOLUTION NO. 2000- RESOLUTION RENAMING PELICAN MARSH BOULEVARD TO TIBURON BOULEVARD EAST, WHICH STREET IS LOCATED IN THE PELICAN MARSH PLANNED UNIT DEVELOPMENT, LOCATED IN SECTION 36, TOWNSHIP 4g SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. 12 WHEREAS, the Board of County Commissioners is authorized pursuant to authority of ~.3 Chapter 336.05, Florida Statutes, to name or rename streets and roads, except for cemain state ~4 roads; and 15 WHEREAS, the Board of County Commissioners has been requested to confirm the ~6 renaming of Pelican Marsh Boulevard to Tiburon Boulevard East. This street is located in z? Section 36, Township 48 South, Range 25 East, Collier County, Florida, in the Pelican Marsh ~.s Planned Unit Development, according to the plat thereof, recorded in Plat Books 30 and 32, ~.9 respectivley, Pages 73 through 75 and 57 through 59, respectivley, of the Official Records of 20 Collier County, Florida; 2 :, WHEREAS, there appears to be no street in Collier County with this name or any similar 22 sounding name; and 23 WHEREAS, it is necessary for identification purposes to confirm the name of this street, 24 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 2s COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 26 The name of this street is hereby changed from Pelican Marsh Boulevard to Tiburon 27 Boulevard East and is confirmed as such. 2 s BE IT FURTHER RESOLVED that this Resolution be recorded in the Public Records of 29 Collier County, Florida, and noted upon the maps of the streets and zoning atlas of Collier 30 County, and notations made on the referenced Plat. 3 ~ This Resolution adopted after motion, second and majority vote. 32 Done this day of ,2000. 33 34 ATTEST: 35 36 37 38 39 DWIGHT E. BROCK, Clerk 40 4 ~ Approved as to Form and Legal 42 Sufficiency: 43 45 Mario 't~e M. Student 46 Assistant County Attomey 47 4 8 g/admin/S N R-2000-03 Resolu tion/RG/ts BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: TIMOTHY J. CONSTANTINE, CHAIRMAN AUG 0 1 2000 Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers · Land Surveyors · Planners ~. GRADh MINOR, P.E. dARK W. MINOR, P.E. C. DEAN SMITH, P.E DAVID W. SCHMITT, P.E. MICHAEL J DELATE, P.E. February 1,2000 Mr. Ron Nino Current Planning Manager 2800 North Horseshoe Drive Naples, F1 34104 Re: Pelican Marsh Units 20 and 25 Street Name Change Application Dear Ron: D. WAYNE ARNOLD, A.I.C.P. ROBERT W. THINNES, A.I.C.P. ERiC V. SANDOVAL, P.S.M. THOMAS CHERNESKY, P.S.M. ALAN V. ROSEMAN On behalf of WCI, Inc., please accept this application for renaming the primary project entry r,,o, ad within that portion of ,P,,elican, Marsh PUD, lying ,e,,a~ ,o~5~. irport-Pulling Road, from Pelican Marsh Boulevard to 'Tiburon Boulevard ~ ~'his private roadway segment begins at Airport-Pulling Road and extends east to the boundary of the Pelican Marsh PUD through platted units 20 and 25 of Pelican Marsh. Approximately 500' of this roadway has been constructed, while approximately 1,700' has been platted but is not yet constructed. Properties abutting the roadway to the north and south are developed as golf course and lakes as part of the Tiburon Golf Course. WCI, Inc. and Tiburon Golf Ventures, Inc. are the two property owners of lands abutting the subject roadway. A letter of no objection from Tiburon Golf Ventures, Inc., has been included with the application materials. This name change from Pelican Marsh Boulevard to Tiburon Boulevard, f is proposed in order to more accurately identify that portion of the Pelican Marsh PUD located east of Airport Road which is developed and marketed as Tiburon. A location map, as well as a more detailed site plan of the roadway has been included with the application as supporting information. Please contact me if you have any comments or questions. Sincerely, /'7 D~ Wayne Ofnold, AICP Director of Planning C: WCI, Inc. Tiburon Golf Ventures, Inc. (941) 947-1144 · FAX (941) 947-0375 · E-Mail: QGMA@aol.com 3800 Via Del Rey · Bonita Springs, Florida 34134 ,o. AUG 0 1 2000 STREET NAME CHANGE PROCEDURES Collier CounW Ordinance No. 97-9 states that anyone wishing to rename a County street must submit a petition of fifty percent plus one of the property owners abutting the street to be renamed. The proposed name may' not duplicate an existing name. Applicants must verify with the Addressing Section of the Collier County Planning Department (403-2482) that the proposed name is not a duplication prior to submitting the application. The application should be forwarded with a cover letter describing the proposed change to: Ronald F. Nino Current Planning Manager Community Development Services 2800 North Horseshoe Drive Naples, FL 34104 The application must include the following: A petition signed by fifty percent plus one of the property owners abutting the street to be renamed. (A list of property owners should be obtained from the Collier Count3~' Property Appraisers Office). A site plan of the street to be renamed, showing the length of the street in tenths of miles, the location and number of street signs and the zoning of abutting properties. The legal description, including section, township, range and subdivision (as applicable), of the abutting properties. 4. The reason for requesting the change. An administrative fee of $200.00, plus $1.00 (one) for each property owner requiring notification of the proposed name change, plus a $125 Fire Prevention & control review fee (submit one check for entire amount made payable to Board of County Commissioners). Page I of 5 / UG 0 1 2000 AGENT'S NAME: AGENT'S FIRM: APPLICATION FOR STREET NAME CHANGE D. Wayne Arnold Q. Grad,,, Minor & Associates, P.A. Telephone No. (941) 947-1144 Fax No. (941) 947-0375 AGENT'S ADDRESS: 3800 Via Del Rey, Bonit.a Springs, Florida 34134 PETITIONER'S NAME: WCI Communities. Inc. Telephone No. (941) 947-2600 PETITIONER'S ADDRESS: 24301 Walden Center Drive. Bonita Springs, Florida 34134 COMPLETE THE FOLLOWING FOR ALL ASSOCIATION (S) AFFILIATED WITH THIS PETITION. (Provide additional sheets if necessary) Name of Homeowner Association: N/A Mailing Address: Name of Homeowner Association: Mailing Address: City State Zip, City State Zip. Name of Master Association: N/A Mailing Address: City State __.Zip Name of Civic Association: N/A Mailing Address: City State __.Zip COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION PLANNING SERVICES DEPARTMENT/CURRENT PLANNING 2800 NORTH HORSESHOE DRIVE - NAPLES, FLORIDA 34104 TELEPHONE (941) 403-2300, FAX (941) 643-6968 Page 2 of 5 AUG 0 1 2000 l:'go ~t/ PROPOSED CHANGE: CURRENT NAME OF STREET: PROPOSED STREET NAME: STREET IN QUESTION IS: Reason for proposed change: Tiburon Boulevard [] public or Proposed change Pelican Marsh Boulevard [] private will more accurately reflect the pro}ect served by the primar3, project entrance. That portion of the Pelican Marsh PUD lying east of Airport Road is identified b~' project signage identifying it as "Tiburon". The street name chanee from Pelican Marsh Boulevard to Tiburon Boulevard will be more appropriate for this portion of the project roadway and it will assist motorists in appropriately identifs'ing their intended destination. Approximate length of street: Total Number of property owners abutting street to be renamed:1 Total Number of property owners signing petition to change street name: Percentage of property owners signing petition: 100% 2,200' Number of parcels or lots abutting street: 2 Applicant [-] does, or [--] does not, (approximately $100.00 per sign) agree to pay cost of street sign replacement for public street, Page 3 of 5 AUG 0 1 2000 LOCATION: List legal description(s) of properties abutting the street to be renamed. (attach additional pages if necessary). A. Subdivision: Pelican Marsh B. Section: 36 Township: 48S Range: 25E Unit No. 20 Tract No. R B. Subdivision: Pelican Marsh A. Section: 36 Township: 48S Range: 25E Unit No. 25 Tract No. R B. Subdivision: C. Section: C. Subdivision: D. Section: Township: Range: Township: Range: Unit No. Tract No. Unit No. Tract No. E. Subdivision: E. Section: Township: Range: Unit No. Tract No. Page 4 of 5 AGE NDA~IIR~M L.~, AUG 0 1 2000 January 25, 2000 Collier County Development Services 2800 North Horseshoe Drive Naples, FL 34104 Re: Pelican Marsh Boulevard - Street Name Change To Whom It May Concern: Please be advised that as owner of the golf course parcels adjacent to the existing Pelican Marsh Boulevard lying east of Airport Road, Tiburon Golf Ventures Limited Partnership has no objection to the proposed name change from Pelican Marsh Boulevard to Tiburon Boulevard. Sincerely, Tiburon Golf Ventures Limited Partnership, a Delaware limited partnership By: Tiburon Golf Ventures, Inc., a Delaware J0-ry~/I~~. $chmoyer, President AGEND.'~ NO. ~ AUG 0 1 ZOO0 I EXECUTIVE SUMMARY PETITION VAC 00-012 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN ROAD RIGHT OF WAY, UTILITY AND DRAINAGE EASEMENTS LOCATED WITHIN THE SAN MARINO PUD PROJECT WHICH WAS CONVEYED TO THE COUNTY BY O.R. BOOK 306, PAGE 530 , PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND BEING LOCATED IN SECTION 11, TOWNSHIP 50 SOUTH, RANGE 26 EAST. OBJECTIVE: To approve Petition VAC 00-012 to extinguish the above-described road right of way, utility and drainage easements. CONSIDERATIONS: Petition VAC 00-012 has been received by Planning Services from Kenneth B. Cuyler., as agent for the petitioner, James D. Vogel, Trustee, requesting the vacation of the above-described Road Right of Way, Utility and Drainage Easements. The easements recorded in O.R. Book 306, Page 530 were created in 1969 in anticipation of this property being developed at that time. Development never occurred and the road was never cleared nor constructed. This right of way is not needed for the currently proposed San Marino PUD project.. Letters of no objection have been received from all pertinent agencies. Zoning is P.U.D. FISCAL IMPACT: Planning Services has collected a $1,000 "Petition to Vacate" fee from the petitioners which covers the County's cost of advertising, recording and processing the Petition. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners approve Petition VAC 00-012 for the vacation of the above-described Road Right of Way, Utility and Drainage Easements. PREPARED Russ Muller, Senior Enginber Engineering Review Services__ Thomas E. Kuck, P.E., Engineering Review Manager DATE: ~'- DATE: REVIEWED BY:~ ~o~ert/Mulhere, AICP /P~a/'ng~, S..,e~ervices De~ent Director ~rincc~i~ P~. Cauter0, AICP, ~-dministrator Community Development & Environmental Services DATE: AUG 0 1 2000 } - EXHIBIT "A" PAGE 1 OF 2 THIS IS NOT A SURVEY F.C.M. 4"X 4" r '-30'COLL'ERCOUN R/W' 'F: D'E' IIrl - V~/~ O~ BOOK ~06 P~ 5~0 /~ THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 ~ OF SECTION 11, TOWNSHIP 50 SOUTH,... ~ ' RANOE 26 EAST, COLLIER COUNt, FLORIDA ~ o. ~ PROPOSED EASEMENTS T0 BE VACt~ED ¢~ THE NORTH 50 FEET OF THE NORT!,WEST ~/4 ~ ~ OF THE NORTHEAST i/4, ~ ~ 7~ THE EAST 30 FEET OF THE WEST 1/2 OF THE [ I WEST 1/2 OF THE NORTHWEST i/4 0: THs , , NORTHEAST 1/4, - : THE WEST 50 :EET OF TH: EAS: ~/2 OF TH: ~ r WEST 1/2 OF THE NORTHWES: 1/4 OF THE :: ,, ~¢:, ' NORTHEAST i/4. ~ [ ~ THE EAST 30 FEET OF THE WEST i/2 0F T~E ~ NORTHEAST 1/4. THE WEST 30 FEET OF THE EAST 1/2 OF TH~ ~ ~ ~ EAST 1/2 OF THE NORTHWEST i/4 OF THE NORTHEAST 1/4. AND ~ ~ OF THE NORTHEAST 1/4 OF SECTION 11, TOWNSHIP 50 SOUTH, RANGE 25 EAST. ~~ COLLIER COUNt. FLORIDA. ~50' COLLIER COUN~ R/W. U.E. A D.E. / / NOT VALID WITHOUT THE SlG~TUR[ AND THE ORICtNAL ~ISED S~L 0r A 7LOZ,DI LICENSED SUR~YOR ~D MAPPER. '~ ~' CLIENT: Ls~¢~~ ~" = 200. INVESTMENT:;. I~'C~ :~'~'"~ ?: TITLE: EXHIBIT FOR EASEMENT VACAT DN ' ~cc e~,~o ~,~ o~ S~CT,O. 3050No~HomeshoeDdw, Su~e270 c~[:4~: ,~: RANGE 26 EAST. COLLIER COU d~, FLORIDA N~es, Ror~a ~1~ ROC ~-",":~.=,,,,-~.=- .. ~: :~ ,:,,.~: 98-0120 F.I.P. & CAP CEN 501,.3 EXHIBIT "A" PAGE 1 OF 1 THIS IS NOT A SURVEY FOREST GLEN OF NAPLES GOLF COURSE DEVELOPMENT NORTH LINE OF SECTION N 1/~ COR. F.C.M. 4"X 4" F-043 CAm LB-3241 30' COLLIER COUNTY R/W, U.E. & D.E. O.R. BOOK 306 PG. 530 (PROPOSED TO BE VACATED) THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 11, TOWNSHIP 50 SOUTH .... RANGE 26 EAST, COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION OF PROPOSED EASEMENTS TO BE VACATED THE NORTH 30 FEET OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4, AND THE EAST 30 FEET OF THE WEST i/2 OF THE WEST 1/2 OF THE NORTHEAST i/4 OF THE NORTHWEST i/4, AND THE WEST 30 FEET OF THE EAST 1/2 OF THE WEST I/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4, AND THE EAST 30 FEET OF THE WEST i/2 OF THE EAST i/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST i/4, AND THE WEST 30 FEET OF THE EAST 1/2 OF THE EAST i/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4, AND THE SOUTH 30 FEET OF THE NORTHEAST 1// //,OF THE NORTHWEST 1/~- OF SECTION 11, TOWNSHIP 50 SOUTH, RANGE 25 EAST, · COLLIER COUNTY, FLORIDA. 30' COLLIER COUNTY R/W, U.E. & D.E. O.R. BOOK 306 PG. 530 (PROPOSED TO BE VACATED) Z ROGER 6. ~a'~RTER. PROFESSIONAL SURVEYOR AND MA~::'.[R NOT VALID ~THOUT THE SIGNATURE ~D THE ORIGINAL 3050 Notl~ Horseshoe Ddve, Suite 270 Naples, Flodda 34104 (941) 649-1509 FAX: (941) 649-7056 E-Mail: www.consuit-rwa.com 5/25/00 1" = 200' RGC RGC ' ' :'2 2'5 CLIENT: TITLE: JASSEY REAL E INVESTMENTS, EXHIBIT FOR EASEMENT VACATION BEING PART OF SECTION 11, TOWN RANGE 26 EAST, COLUER COUNTY,, Aug 0 i 2000 :LORIDA Attachment "C" PETITION FORM FOR THE EXTINGUISHMENT OF PUBLIC DEDICATED EASEMENT RECORDED BY SEPARATE INSTRUMENT IN THE PUBLIC RECORDS (OTHER THAN ON A SUBDIVISION PLAT) ON PLATTED OR UNPLATTED LAND, EXCEPT FOR PUBLIC ROADS Date Received: Petition #: Petitioner (Owner): James D. Vogel, as Trustee Address: 3936 Tamiami Trail, North, City/State: Naples, Florida Telephone: (941) 262-2211 Zip Code: 34103 Agent: Kenneth B. Cuvler (Goodlette, Coleman & Johnson) Address: 4001 North Tamiami Trail, Suite 300 Telephone: (941) 435-3535 City/State: Naples, Florida Zip Code: 34103 Location of Subject Property: See Exhibit "B" Location: Section 11 Township 50S Range 26E Official Record Book 306 Page(s) 530-531 Current Zoning PUD (San Marino) Does this affect density? No Legal Description: See Exhibit "A" Reason for Request: To vacate unimproved and unneeded right-of-way, utility and drainage easements I hereby authorize Agent above to ~ese~ me for t~ition: ~ ?~natur~ ;f Pe'~ner ~p J.r~;a mJ~.e V'6 g e 1, Esquire Yes Yes No June 16, 2000 Date Trustee (Title) Please see "Policy and Procedure for the Extinguishment of Public Easements by Separate Instrument" for the list of supportive materials which must accompany this petition, and delivery or mail to: Community Development & Environmental Services Division Planning Services Department 2800 North Horseshoe Drive Naples, Florida 34104 (1) (2) (3) (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 parmership, limited parmership or other business entity, indicate the name of principals. List all other owners. Attachment "C" Page 4 of 4 AaF.~ ITEM AUG 0 1 2000 Richard M. Vogel James D. Vogel Joseph E. Ujczo VOGEL LAW OFFICE A PROFESSIONAL ASSOCIATION Suite B, Midwest Title Building 3936 Tamiami Trail North Naples, Florida 34103 July 14, 2000 Telephone (94 l) 262-221 I Facsimile (94 I) 262-8330 Collier County Attorneys Office 3001 East Tamiami Trail Naples, Florida Re~ Vacation of Easements recorded at OR Book 306, page 530, Public Records of Collier County, Florida, in Section 11, Township 50 South, Range 26 East, Collier County, Florida Dear Sirs: I have reviewed title evidence for the lands covered by the above described easements. From my review of this information I find nothing recorded in the Official Records Books of the Collier County Public Records that evidences that Collier County has ever accepted the above described easements. If you have any questions regarding this matter, please do not hesitate to contact me. G:~Cl LES\ 146\99017~COUNTY LTR AGEI~FEM AUG 0 1 2000 Sent by: Goodlette,CoZeman:&Johnson,PA 941 435 1218; 07/06/2000 10:21; #289; Page 3/5 I TWP. 50S.'RNG. 26E. o ,~Es, ,,= .. , I' · NOI~T~EAST QUADRANT ~ ~. ~z~ ,~ ~.-e IFil s~.~ TWP 4~ RN~24E COLLIER COUNTY F[OR~A S~ e&el t~ twP. 4~S.-~N~. N i n ! ! I I I I $O~JTHE;AST <~J l ~ [ ~)° ' ~ ' r ~ QUXDRANT SEE PA~ 13 OF TWP. SO$.-RNIZ 26E.' NO. ~#~" AUG 0 i 2000 8 Sent by: Goodlette,Coleman,&Johnson,PA 941 435 1218; 07/06/2000 10:20; #289; Page 2/5 GOODLETTE, COLEMAN & JOHNSON, P.A. Aq-YORNEYS AT LAW ILEVIN cS, COLEMAN J, DUDLEY GOOD~ KENNI'TFH R. JO1TNSON RICHARD D. YOVANOVIGH KF. NNETIt B. CUYLER HAROLD J. WEI~RF. III NORTHERN TRUST BANK BUILDING 4001 TAMIAMI TRAIL NORTH, $U[TE NAPLES, FLORIDA 5410) (941) 435-3535 (941) 43fi- ! 2 ! R FACSIMILE E-MAi I..: gcj(~s print mail.corn June 16, 2000 LINDA C. BRINKMAN SCOTT M. KL'TCHUM KEVIN R. I.O'I-I'F~5 VIA FAX: 643-6968 John R. Houldsworth, Senior Engineer Collier County Engineering Review Services 2800 North Horseshoe Drive Naples, Florida 34104 RE: Vacation of Unimproved Right-of-Way, Utility and Drainage Easements Located in the NE 1/4 of the NW 114 of Section 11, Township 50S, Range 26E, and the NW 1/4 of the NE 1/4 of Section 11, Township 50S, Range 26E, Collier County, Florida Dear John: This office represents Jim Vogel, Trustee, in reference to his petition to vacate unimproved right- of-way, utility and drainage easements dedicated in 1969 in the area referenced above. A copy of a locator map and easement sketch showing the easements to be vacated, is enclosed for your review. As you know, in order to process the vacation petition before the Board of County Commissioners, it is necessary for us to obtain a Letter of No Objection from you. No existing roadway, utility or drainage improvements are affected by this proposed vacation. We are attempting to schedule this easement vacation petition for Commission consideration on August 1, 2000, (their only meeting in August) and would appreciate your approval faxed back to this office at 435-1218 at your eadiest convenience in order to meet application and advertising time lines. If you have any questions regarding this matter, please contact me. Thank you in advance for your review and assistance in this matter. Sincerely, Kenneth B. Cuyler $mc ,~e no objection to the proposed vacation. John R. Houldsworth F :\DATA~WP DATA~LITIGAT E'~J a ssy~hOuldswo~lh .wl~ AG ENJ~.~ ITEM AUG o 1 2000 IDg· 'r~ RecezveO: 6/27/2000 13:04; ->Goo~[ette,CoZeaan,&Jo~nson,PA; #940; Page 1 FILE No.269 06x27 '00 [[:[2 ID:CC TERNSPORTATION F~X:774 5375 PaGE COLLIER COUNTY GOVERNMENT TRANSt, ORTAT1ON SERVI(,ES DEPARTMENT .lunc 27, 2()()() I<cnnctl't B. Cuylcr, Esq. Goodietic, C'olcman & Johnson. P.A. 4001 Tamimni Trail North, Suite 300 Naples, Fl. 34 330 I. E. '['AMIAMI TRIAL. NAPI,ES, FL 34112 {9,11) 774-H494 FAX: (941) 774-5.'475 HAXcd to cxpcditc dr.'.livery , A (:l.;l{Trl.'lJ;ll III.UI~ (:IlIP C()MMIINT'I'¥ 435:1218 Vacation of Llniml)rovcd Right-(if-Way, Utility and Drainagc I[ascmcnt.s Sccli(m 11,'1'5()S, R26E I)c;u' M,'. (';nyter: 'l'hanl~ you for your lcttcr dated June 16,200(I, $ub. lcct as above. This office has no obje. clion I() Ihc rcqucstcd vacation subject I~) c{mt'irmatlon that there is no dcmonstrttlcd ¢xisling or Futurc necd t'or prcscnt ()r future public acccss to the adjacc~ll propc~lics. [[ there are a~ly quc.sli(ms, or if y{,tl de~irc additional inl'ormaliml, plcasc contact me al 774-8494. Very truly yours, Edward J. KanE P:E. 'l'ranspor~a~ion Opcr:aions L')ircctor P, uss Muller, Scnior Engineer, Enginccring Rcvicw Section File' [~,oad Vacations AUG o 1 2000 R ece.l. vecl: 6/19/2000 9:36; - >GoocI'I ett e, Co'l eman, &J olinson, PA; ._Jun-].9-00 98: 47A Co'] '] ier County Pub'] ic Nks Sent Oy: G~oO[etTe,Co~.eman,&JotmSOn~P& g41 4;35 1216; 06/16/2000 #493; Page 2 P.02 GOODLETTE, COLEMAN & JOHNSON, PA. &TTORNEY5 AT LAW LINDA C. BRFN~MAN .~CO'~T M. KE'I'CHuM KI=:VrN R. LO't~ June 16,2000 John H. Boldt, P.S.M., P,E. Director Collier County Stormwater Management 3301 Tamiami Trail East Naples, Florida 34112 VIA FAX: 732-2526 RE: Vacation of Unimproved Right--of-Way, Utility and Drainage Easements Located in the NE I/4 of the NW 1/4 of Section 11, Township 50S, Range 26£, and the NW 114 of the NE 1t4 of Section 11, Township 50S, Range 26E. Collier County, Florida Dear John: This office represents Jim Vogel, Trustee, in reference to his petRion to vacate unimproved right- of-way. utility and drainage easements dedicated in 1969 in the area referenced above. A copy of a locator map and easement sketch showing the easements to be vacated, is enctosed for your review. As you know, in orderto process the vacation petition before the Board of County Commissioners. it is necessary for us to obtain a Letter of No Objection from you. No existing roadway, utility or drainage improvements are affected by this proposed vacation. We are attempting to schedule this easement vacation petition for Commission consideration on August 1, 2000, (.their only meeting in August) and would appreciate your approval fexed back to this office at 435-1218 at your eadiest convenience in groat to meet application and advertising time lines. If you have any questions regarding this matter. p{ease contact me Thank you in advance for your review and assistance in this matter. Sincerely, Kenneth B. Cuyler smc AGEleSS, iTEM F. ~DATA~WPOATAU_ITI GATE~JASSY~bO4dL WlJd AUG o 1 2o00 COLLIER COUNTY GOVERNMENT PUBLIC WORKS DIVISION June 19, 2000 Kenneth B. Cuyler Goodlette, Coleman & Johnson, P. A. 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 3301 E. TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 732-2575 FAX: (941) 732-2526 Re: Vacation of Unimproved Right-of Way, Utility and Drainage Easements Located in the NE ~'4 of the NW ¼ of Section 1 i, Township 50S, Range 20E, and the NW ¼ of the NE ¼ of Section 11, Township 50S, Range 26E, Collier County, Florida. Dear Mr. Cuyler: This office has reviewed your request to vacate the above-referenced property located in the NE '¼ of the NW 1/4 of Section 11, Township 50S, Range 26E, and the NW 1/4 of the NE 1/4 of Section 11, Township 50S, Range 26E, Collier County, Florida. 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 Engineering Technician II Paul Mattausch, Water Director Joseph Cheatham, Wastewater Director Rick Grigg, Land Surveyor, Community Development AGE ~, ~I'£M AUG 0 1 2000 pg. /0 3ent by: Goodlette~Coleman~&Johnson~PA 941 435 1218; 07/13/2000 17:05; #548; Page 212 6eoff 6r~tton 4105 15 Av. $.W. Naples, FI 34116 941-353-6040 Office 941-353-6082 FAX July 7, 2000 Mr. Kenneth Cuylcr C/oodlette, Coleman & Jol'~tson, P.A. 4001 Tamiami Trail North, Suite 300 Naples, FI 34103 RE: Vacation of Unimproved Right-of-way, Utility and Drainage Easemeres Located in the NE ¼ of the NW ~A of Section I 1, Township 50S, Range 26E, and the NW 'A of the NE tA of Section 1, Township 50S, Range 26E, Collier Cotmty, Florida Sir: This is to confim~ that Florida Power and Light Co. has no objection to the vacation of the specified dedicated cascmcnts in the specified parcels of land in Collier County Fl. FPL does not intend, however, to vacat.c or allow to be vacatcd any specific FPL casements, if any, which may have been recorded in the subject parcels of land. AG EI~ J?EM -- AUG o 1 2000 I I Sent by: Goodlette,CoLeman~&JohnsonsPA 941 435 1218; 07/14/2000 16:14; #754; Page 212 MediaOne' This is Broadband. This is the way. 301 Tower Road Naples, FI 34113 Collier:. 941-732-3834 Lee: 941-432-1fl01 Fax: 94 i-992-12~9 July 12, 2000 Mr. Kenneth Cuyler Goodlette, Coleman and Johnson, P.A. 4001 Tamiami Trail; North, Suite 300 Naples, Florida 34103 Vacation of an Unimproved Right-of-Way, Utility and Drainage Easemeres Located in the NE % ofthe NW V4 of Section 1 I, Township 50 South, Range 26 East, and the NW l/d of the NE 1/4 of Section i 1, Township 50 South, Range 26 East, Collier County Florida. Dear Mr. Cuyler: MediaOne® has reviewed the plans of the above referenced property. MediaOrm~ has no existing or proposed facilities within the scope of the location; therefore, we have no objection to the proposed easement petition. If you have any future concerns, please feel free to call me at (941) 732-3801. Sincerely, Oene Howell, Construction Manager EH/fjh AGEI~JTEM No. ~ AUG 0.1. 2000 ~.w I w ILl cs; I Lt- · C)I~JO r-i ,--1 T AUG 0 1 2000 e~t pO o -7..T,T,T~ - N n t' ~g m c i-,1 c)nJ c) rill ill rill z atica [g~e)# :¥a'uosuqop~,'ue,,,e'[oo'e:l.:l.e'~poo9<- ; LS: L L 000~/ L~/g C3 C] AUG 0 1 2000 nJ 150346 1~ ~o ~er ~7 ~or ~ vse ~ b~e~l~ o~ the [~er~l ~ic, ~ · AUG 0 1 2000- TO ~tT~ ~ TO BOLt) the a&~e u~to Co:l.lLer ¢ou~t7 ~or the purl~se~ T~ta ded~catt~ end the r~crctation of t~ e~ sh~ ~t ~e ~ ~ty, ~d~ or l~lb~ ~ ~le~ ~t~, ~ fo~ ~ct of the ~ ~ ~o acc~t the pr~y he~ ~.~reby d.~cated, nor obligate ~11ier C~ty ~ ~ ~ ~ore~d pr~rty ~ ~ m~er, nor ah~ acc~ce of ~ d~c~ ~ fo~ act of ~11~er C~ty obligate ~er ~ty ~ ~r~ ~t af~e~ p~e~y ~ ~ ~er. ~ ~ ~ ~ O~q ~ her~ si~ed its ~ ~ ~ ~ ccx~rf~ OF ~ AUG o ! zooo ~ ~ * "J' ';'~ ";' C~LUER COUHT¥ PHn~I fee Leq,~eel' Tllb Ovemnly Irvnd. Ode~le. Fieride C83 L~C 28 I~1 I: fiECOROF. D arrdnl: {$IATUIQ!~ I0~-$[CTION &l~l.02 F.$.) WIENER AND WALTON CO~L&L GABL~b~L F/~U~IDA CO~ G~CES ~D CO., of ~ C~ el Dade . S~e ol Florida Clyde C. Ql~inby, Trustee ~-~-~.,~,,,,i, 4588 Tamiami Trail N., Naples of ~ ~ of · Sto~. of Florida 33940 19 83. ~ftmrrl; !~,~Jl~J~, 1'h41 ~id 9,,nnt~'. fo~ o~ In c~e~ el ~ wm of TEN & NO/100th8 ........... · ~ ~ ~ ~ble c~ra~ ~ ~d gmnt~ M ~ ~M by mid gra.t~. ~e ~ w~,~ is ~y No::h 1/2 o~ SE ~/4 o~ S~ ~/4 oE ~ 1/4 o~ N~ ~/4 leas the ~est 30 ~eeC and Noct~ ~/2 o~ ~ 1/4 o[ SE ~/4 o~ ~ ~/4 o~ HE 1/4 ~ess the EaJt 30 ~eet, all Ln :oct~on 1~, '[~ship 50, Range 26, CollLer County, SU~Ct ~: Cona~tlons, :eatg~ctions, l~m~tatLons and easements o: record an~ taxes ~o~ 1983 an~ subsequent yeats. Pugchase Honey ~cst Hogcgage ~n the o:lg~na1 p:~ncipa~ amount o[ $~,250.00, bea:~ng ~nte~sc a: ~0~ per ann~. Received S. D~umcnta~y Stomp Tox Collier C~ty. FIo~ido WH~u~ J ~o~o~, Cler~ S~gnEd. Nob4:l ond de~.~d m our pr.~er4e, COI(AL GABLES LAND CO., a d~__.~ A,L~,LRe A.'resxclent (seol! [Seal) STATE OF FLORIDA COUNTY Of DRDB I HEalY CEITIFY lho! on I~ day belme m, on officer vv~ q~ol;lied JOaB ~, am Vice ~reaident of Coral Gables Land Co., a Florida corp., ~ mf h~ o~ olr, cial Nol in I~ C~n~ a~ SIo~ ~,1 01oremM~t ~y of Nove~er ' I~ 83, · · . .~,',.- AUG o 1 2000 CLY*~E C. OUINBY, TRUSTEE wh~m I~U offi~ address is: 4588 T~l~i Trail N., Naples, F1 ~n~ ~. ~1 Ihi Gtan~t. ~o~ and in ~,aideM~n ~ ~ sum o~ ~N ~ ~00TH[~ V~UA~E CONSIOE~TION$ in ha~ ~ by ~e G~mee. r~eip~ w~r~ is ~y ~1~. ..'~..II...-~L~.. H .'TT. ~ ~:~: 26 East, ~ss the Northwest 1/% o~ the Northeast 1/4 o~ '~l~!~ wes= ~/~ of ~he Sou~eas= Z/4 of the ~r=hwes= 1/4 ~11~l~lj: ~o=~ea~ I/~ of secaion 11, Township S0 Sou=h, :_1~~' 26 ga~, Collier Co~cy, Florida.- .............. 0 ...~. ~ oocu~a~s~axl And Ihe ,.hid Gran%'m' does co~enanl' that ~e.pr~rly Is free of all ~b~a~. t~t lawful Kr~ ~e lille IO ~id Io~ Q~ will dele~ ~e same Ogo~nsI Ihl lawful ClO,ms of all ~r~ ~ JOSEPH H. XIRSIIHO~ . ~mln ex~l~ AGENI Thb~ai~ntp~byGeOrve Vega, gaqutre LAW OFFICEI el VEO~ eAO~. NtC~LS. IT~LEY & M~TIN. P.~ TNIS INSTRUMENT PREPARED BY: ~anm O. V~L F.~q. Void Law Office, P.A. 3936 Tamiami Trail Nor~ Nap~. FIodda 34 (941) 262-2211 eRE 'A 'nOt O t.¥ W THotrr OPn ZO w~ DEED ale4~ ~e :.LDWEST TITLE ~ ~ l'am~aml Tr N 8uill A 2 08 28 0R: 2653 0957 ~-.11 ~11.11 THIS WARRANTY DEED made the /~ day of Mar~ 2000, by T. Maloney aAs/a Thsse~y Maleeey. heteinaf~ called ~- GRANTOR, to C'lm4es V. Ben~n, a ~ man. whose pos~ o~ce address is 4141 Isle:s of Ca~ Road, ~ FL 34114, heteinni~ called the GRANTT=E. the heirs, legal representatives ard a~si~ns of the individuals, and I~e suc~essor~ and assigns of comomio~). WTTN ESSETH: Tlm the ~an~, fo~ aad in com~letatien of the sum of $ I O.00 and other Collier County. Florida. viz: The North',w~ on~.<lUe~t (NW !/4) ofthe Northeast oee-qunrter (NE !/4) ofthe Nor~hwes~ or, e-quarter (NW I/4) of the Northea~ one-qumer (N'E 1/4) of Section ! !. Townd:ip SO South. P,,mge 26 East, all lyin~ and ~ in Collier County. Florida. Propert~ I.D.: 00411200004 TO HAVE AND TO HOLD the same in fee mimpie AND the grantor hetty covenants with said ~antee t!~ I~e Iraelm' is Ir~ffu!!y seized of stud isnd in fee si,npl¢: that the grantoe has Sood ri~,!~ md lawful autherity m sdl and convey said lawful clainu of~ll per~ons ~ -~4 that said land is f~e ofall ennanirms:~ e:~ept axes accruing subscqucm to Deer-tuber 31, 1999: ~ boiklin~ code and other rcsxrk:liom imposed by governmental authority; oumandin~ oil, g~s and mineral inletesu of tecs~L if any; and r~-i~ons ~1 e. uements common to the subdivisioa.V~.~~ ' ......'"'"'"'-' [AUG 0 1 2000 OR: 2653 PG: 0958 GRANTOR fur~er warrenu thai the w~in de~ribed ixope~/is nm htanestmd ProPertY no~ is it adja~nt to my ~ no~ do~ any n~mber of my family inside thereon, ~ ~ Ihe grant~r's is: " '~ ~ STA'[ E OF FLORIDA COUNTY OF COLLIER Tylxd or I~im0d Nao~e oir l',io~ AGEN[~J,TJ~ M No. ~ AUG 0 ! ~000 A.qSIGNMENT Oil' VACANT LAND CONTRACT tn ~ for aood and wluable c, onsi~on. I. ~tchad ~. Dnvin, Trytee. u A.~i~nor, tmnsfcr and, assign to Jam~ D. Vo~ml, '1~ 3936 Tamiami Trail North. Suite B, Naples, Florida ~cctivc: l',1ovc~nber'2S, 1998. ' ' ASSIGNOR: ~o. ~ AUG 0 1 2000 Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt Trans Number 203828 Date Post Date ~ 06/28/2000 12:24:25 PM 06/28/2000 Payment Slip Nbr j MS 72528 VOGEL LAW OFFICE New or Exist: N Payor · VOGEL LAW OFF Fee Information Fee Code Description i!GL Account 12TRVC REV ACCT/VAC EASEMENT-ROW 10116361032910000000 Amount!Waived $1000.00 $1000.00 i Total Pa~yment Code Account/Check Number CHECK 1841 Payments Memo: check 1841 petition to vacate easement San Marino PUD Total Cash Total Non-Cash Total Paid Amount $1ooo.oo $o-oot $1ooo.oo $1ooo.oo] Cashier/location: CORZO_M / 1 User: SPANGLER_T Collier County Board of County Commissioners CD-Plus for Windows 95/NT Printe( EXECUTIVE SUMMARY PETITION VAC 00-013 TO VACATE A 15' WIDE DRAINAGE EASEMENT ALONG THE TRACT LINE COMMON TO TRACTS "P" AND "Q", ACCORDING TO THE PLAT OF "NORTHBROOKE PLAZA", AS RECORDED IN PLAT BOOK 31, PAGES 65 THROUGH 66, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LOCATED IN SECTION 19, TOWNSHIP 48 SO~ RANGE 26 EAST. OBJECTIVE: To adopt a Resolution to vacate the above-described 15' wide Drainage Easement. CONSIDERATIONS: Petition VAC 00-013 has been received by the Planning Services Department from C. Lane Wood, Esq., from Quarles & Brady, LLP, as agent for the petitioner, RSH of Naples, Inc. requesting the vacation of the above-described 15' wide Drainage Easement to accommodate proposed construction. Letters of no objection have been received from all pertinent agencies. Zoning is P.U.D.. FISCAL IMPACT: Planning Services has collected a $1,000 "Petition to Vacate" fee from the petitioner 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 00-013 for the vacation of the above-described 15' wide Drainage Easement; an 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. Request the Clerk to the Board to make appropriate marginal notes on the recorded plat. PREPARED BY: Ru~ Mu't}er, Senior Engineer Thomas E. Kuck, P.E, Engineering Review M~ager ~VIE~D BY: o~ AIC~ P~~ Se,ices D~fm¢ctor ~PRO~D BY:~~' ~ Vincent A. Cautero, ~CP, A~inistrator Community Developmere & Enviromen~ Semces DATE: DATE: DATE: No. AUG 0 1 2000 I RESOLUTION NO. 2000- 2 ~..? RESOLUTION FOR PETITION VAC 00-013 TO VACATE A 15' WIDE DRAINAGE EASEMENT ALONG THE TRACT LINE COMMON TO TRACTS "P" AND "Q" ACCORDING TO THE PLAT OF "NORTHBROOKE PLAZA", AS RECORDED IN 6 PLAT BOOK 31, PAGES 65 THROUGH 66, PUBLIC RECORDS OF COLLIER 7 COL`NTY, FLORIDA. LOCATED IN SECTION 19,TOWNSHIP 48 SOUTH, 8 RANGE 26 EAST. 9 10 WHEREAS, pursuant to Section 177.101, Florida Statutes, C.Lane Wood, Esq, of Quades & Brady 11 LLP, as agent for the petmonet, RSH of Naples, Inc., does hereby request the vacation of a 15' wide Drainage 12 Easement along the tract line common to Tracts "P" and "Q", according to the plat of "Northbrooke Plaza", as 13 recorded in Plat Book 3 I, pages 65 through 66, Public Records of Collier County, Florida; and 14 WHEREAS, the Board has this day held a public hearing to consider vacating said 15' wide Drainage 15 Easement, as more fully described below, and notice of said public hearing to vacate was given as required by 16 law; and 17 WHEREAS, the granting of the vacation will not adversely affect the ownership or right of convenient 18 access of other property owners. 19 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS 20 OF COLLIER COUNTY, FLORIDA, that the follownag be and is hereby vacated: ~ See Exhibit "A" attached hereto and incorporated herein. 23 BE IT FLIRTHER RESOLVED, that the Clerk to the Board is hereby directed to record a certified 24 copy of this Resolution in the Official Records of Collier County, Florida, and to make proper notation of this 25 vacation on the recorded plat as referenced above. 26 This Resolution adopted after motion, second and majority vote favoring same. DATED: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA 27 28 29 30 31 32 33 34 35 36 37 38 39 Approved as to form and legal ~atnck G .-~hite Assistant County Attorney BY: TIMOTHY J. CONSTANTINE, Chairman AGEN,~T~M AUG 0 1 2000 Sketch and Legal Description for Platted 15' Drainage Easement (to b vacated ~~ ~~'~ ..... ~ ................ .-~ ~ ~ ~ ......... ~ ....... t~ ........ ~+ ..... ~-+~- ~u~A~g ~o~0 (CR. 8a6) / LINE T~BLE LEGEND ,,o.c ~, ~ ~, CURVE T4BLE w/ NO. THIS IS NOT A ~ LEGAL DESCRIPTION/SKETCH .~su.~o~. ~, ,E~ 0 1 ZOO ~ ' ~ACT "P" & ~ "Q~ NOR~BR~KE P~ ~2~ RAIL H~D BLVD. Attachment "B" PETITION FORM FOR VACATION OF PLATS OR PORTIONS OF PLATS OF SUBDIVIDED LAND Date Received: Petition #: t/ZC c~o - ~-~/'~ Petitioner: RSH of Naples, Inc. 32 Address: 10641 Airport-Pullin9 Road North, Ste,Telephone: (941) 593-3883 City/State: Naples, Florida Zip Code: 34109 Agent: Quarles & Brady LLP Address: 4501 Tamiami Trail North, Ste. 300 Telephone: (941) 262-5959 City/State: Naples, Florida Zip Code: 34103 Address of Subject Property: Northbrooke Plaza, Tracts O,P & Q (N. side of Immokal, lia. E. of 1-75) Location: Section 1_9 Township. 482 Range 26E Subdivision: Northbrooke- Plaza Tracts Legal Description: Ig0~ O, P, Q Block n/a Unit n/a Plat Book 3t Page(s) 65-66 Reason for Request: Vacate drainage easement common to Tracts P & Q in connecti~ with the combination of Tract P with portions of' Tracts u a U. Current Zoning: PUD Does this affect density? NQ hereby authorize Aeent above to represept me this Signature of Petitioner Robert S. Hardy, a-s President of RSH of Naples, Inc., a Florida corporation Yes [~ No Date Please see "Policy and Procedure for the Vacation and Annuiment of Plats or Portions of Plats of Subdivided Land" for the list of supportive materials which must accompany this petition, and deliver or mail to: Community Development & Environmental Services Division Planning Services Department 2800 North Horseshoe Dr. Naples, Florida 34104 O) (2) (3) (4) If applicant is a !and 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 principals. List all other owners. Attachment "B" Page 4 of 4 AUG 0 1 2000 2000 UNIFORM BUSINESS REPORT {UBR) DOCUMENT # 649462 1, Enbty Name RSH OF NAPLES, INC. Principal Place ol Business Mailing Ad0mss 4500 EXECUTIVE DR 4500 EXECUTIVE DR SUITE 330 SUITE 300 NAPLES FL 34119 NAPLES FL 34119-8908 US US 2. Principal Place of Bus~ness 3, Mailing Address Suite, Apt. #, eIc, Sade, Apt. #, etc City & Slate Zip City& Slate ICountry Zip Country FILED May 16, 2000 g:00 am Secretary of State 05-16-2000 90092 019 **'158.75 4. FEI Number 59-2128222 I /~t Applica,%e 5. Certificate of Status Desired ~ $8,75 Additional Fee RequireO 6. Name and Addrele ol Current Registered A~lenl JANET KELLY 4500 F..~CLmVE DR SUITE 30O NAPI FS FL 34119 Name 7. Name end Address of New Registered Agent Street Address (P.O. Box Number iS Not Acceptable) 0ily FL J Zip Code 8, The above named enli~y suemits this statement for the purpose of changing its regislered office or registered agent, or both, in the State of Florida. SIGNATURE 9. This corporation is eligible to satisfy its Intangrbte Tax filing requirement and elects to do so. (See cf~leTia on back) [] FILE NOW!I! FEE IS $150.00 After MAY 1,2000 Fee will be $550.00 10. Election Campaign Finarming $5.00 May Be Trust FunO Contribution. [] Added to Fees 11. TITLE NAME STREET CITY- ST- TITLE NAME STIq~ET ~ORESS CITY- ST- ZiP 1TrLE. NAIVE S7R,EET N~:Lq[SS CITY-ST-ZiP S*~r_Er ADDRESS CffY-ST. ZIP tiTLE NAME STREET NX~ES$ CfiY-$T-71P ~E Make Check Payable to Department of State OFFICERS AND DIRECTORS Po HARDY, ROBERT S 13056 POND APPLE DR.,S. NAPLES FL VPD HARDY, ROBERT PAUL 4500 EXECUTNE DR NAPLES FL V 45O0 .F. XECUTIVE DR NAPLES FL ST JANET KELLY 4500 EXECUTIVE DRIVE SUITE 300 NAPLES FL [] Delete [] Delete [] Delete [] Delete [-1 12. TITLE NAME STREET .~9ORE~ CITY-~-ZPP TITLE NAME STREET ~DRESS ed'Y- ST- ZIP TITLE NAME SIREE'[ CITY- ~t-ZlP NAME S1REEr ADDRESS ClW- $1- zip lilLE NAJi4E ~ ADORESS CITY-ST-ZIP 'tITLE NAME STREET ADDRESS CRY - ST- ZiP ADDiTIONS/CHANGES TO OFFICERS AND DIRECTORS IN 11 [] Change [] A~ditlon [] Change [] Chan~e r-I Addilion [] Change ~ Addit[on [] Clange r'-J ~dilion 13. I hereby ce,'t~ thai the information supplied with Ihis filing does not qualify for the exemption staled in SacYon 119,07(3)(i), Florida Statutes. I fudher certify that..l~ infer,to. alien indicated on this report o~ supplemental report is true and accurate and that my s~cnature shall have the same legal effect as if made under oath; that I am an orecar or oirecto? of tl"~ corporation or the receiver or In. Jstee empowered to execute this reporl as required by Chapter 607, Florida Statules; and that my name appears in Block 11 or Block 121 changed, or on an attachment with an address, with all other like empowered. SIGNATURE: -~,~oo.~,,~o,.,..o..~,..oo.~.o.o.~-,0.,.,. _AUG o 1 2000 N EXISTING DRAINAGE EASEMENT /~l'O BE VACATED TRACT 0 2 Site Plan for Tracts F. AS~N~NT VACATION O,P and 0 AGENOAJT. E~M ~ .~.Y~ u A Luuu 4501 Tamiami Trail North Suite 300 Naples, Honda 34103-3060. Tel 941.262.5959 Fax 94 1.434.q999 www. quark.,s.com Attorneys at Law in: Chicago (Quaties & Brady ~c) M~on Milwaukee · ~st P~m ~ach July 6, 2000 Ms. Janet Kelly Northbrooke Plaza Commercial Association, Inc. 4500 Executive Drive Naples, FL 34119 Re: Vacation of Platted Drainage Easement at Northbrooke Plaza Dear Ms. Kelly: Our firm represents RSH of Naples, Inc. ("RSH"), owner of Tracts "O", "P" and "Q" at Northbrooke Plaza. We have been engaged by RSH to act as the authorized agent in connection with RSH's petition to vacate a platted drainage easement currently straddling the common property line between Tracts "P" and "Q". Please refer to the attached Exhibit "A" depicting and describing the current location of the subject drainage easement. As you are aware, Collier County's petition process requires that certain utility providers and easement users acknowledge and consent to our client's vacation of the subject easement by means of issuing a "No Objection" Letter. Therefore, we respectfully request that you indicate your consent to the above-described vacation by signing this letter below and returning the same to our office. We have enclosed a postage-paid return envelope for your convenience and we thank you in advance for your prompt attention to this matter. Please do not hesitate to contact us if you should have any questions. Respectfully, QUARLES & BRADY ~LLP ,~' C. Lane Wood THE UNDERSIGNED does hereby consent and has no objection to the proposed vacation of the platted drainage easement between Tracts "P" & "Q" at Northbrooke Plaza, as described hereinabove and depicted in the attached Exhibit "~,". Signature: ~-, CLW/ts enclosures Printed name: Title: QBNAP'Q.23722.1 .o. AUG o 1 2000 q,501 Tarm:uni Trail North Suite 300 Naples, Honda 3q 103-30(gd Tel 941.262,595q Fax 941.43q q. t2x)9 www. qu',tdes.com July 6, 2000 Attorneys at Law in; Chicago (Quades & Bra~' u.c) Madison Milwaukee Phoenix I~st Palm Beach Mr. J.W. White Construction Services Florida Power and Light Company 4105 15t" Avenue S.W. Naples, FL 34116 Re: Vacation of Platted Drainage Easement at Northbrooke Plaza Dear Mr. White: Our firm represents RSH of Naples, Inc. ("RSH"), owner of Tracts "O", "P" and "Q" at Northbrooke Plaza. We have been engaged by RSH to act as the authorized agent in connection with RSH's petition to vacate a platted drainage easement currently straddling the common property line between Tracts "P" and "Q". Please refer to the attached Exhibit "A" depicting and describing the current location of the subject drainage easement. As you are aware, Collier County's petition process requires that certain utility providers and easement users acknowledge and consent to our client's vacation of the subject easement by means of issuing a "No Objection" Letter. Therefore, we respectfully request that you indicate your consent to the above-described vacation by signing this letter below and returning the same to our office. We have enclosed a postage-paid return envelope for your convenience and we thank you in advance for your prompt attention to this matter. Please do not hesitate to contact us if you should have any questions. Respectfully, QUARLES & C. Lane Wood THE UNDERSIGNED does hereby consent and has no objection to the proposed vacation of the platted drainage easement between Tracts "P" & "Q" at Northbrooke Plaza, as described hereinabove and depicted in the attached Exhibit "A". Signature: Printed na me:/,~C~H¢.~ C LW/ts enclosures QBNAt~223722 i AGENDA IT. EM AUG 0 1 2000 Sprint Jul)' 17, 2000 Mr. C. Lane Wood Quarles & Brady LLP 4501 Tamiami Trail North - Suite 300 Naples, Florida 34103-3060 RE: Vacation of Platted Drainage Easement at Northbrooke Plaza Dear Mr. Wood: Sprint-Florida, Inc. has no objection to your petition to vacate the drainage easement as described in the attached letter. If l can be of any further assistance, please contact me at 941-263-6216. Sincerely, i~c k~ Network Engineer II - E&C AHZ:ns Attach. cc: Easement File Chron File .o. ?/,', .o, UG 0 1 2000 Pg. COLLIER COUNTY GOVERNMENT PUBLIC WORKS DIVISION July 12, 2000 C. Lane Wood Quarles & Brady, LLP 4501 Tamiami Trail North, Suite 300 Naples, FL 34103-3060 Re: Northbrooke Plaza, Tracts P & Q Dear Mr. Wood: This office has reviewed your request to vacate the above-referenced easement located along the property line of Tracts P & Q in Northbrooke Plaza. 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 Engineering Technician II cc: Paul Mattausch, Water Director Joseph Cheatham, Wastewater Director Rick Grigg, Land Surveyor, Community Development 3301 E. TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 732-2575 FAX: (941) 732-2526 g:\diane\esmt vacation\northbrooke plaza, tracts p&q.doc AUG 0 1 2000 4501 Tamiami Trail North Suite 300 Naples, Florida 34103-3060 Tel 941.262.5959 Fax 941.434.4999 ~"~.quades.com IUo_rn eys~ at_Law_in: .... Chicago-(Quades & Brady LLC) --- Madison Milwaukee Pboen£~- West P~lrn Be~vb July 6, 2000 Mr. John R. Houldsworth Senior Engineer Collier County engineering Review Services 2800 North Horseshoe Drive Naples, FL 34104 Re: Vacation of Platted Drainage Easement at Northbrooke Plaza Dear Mr. Houldsworth: Our firm represents RSH of Naples, Inc. ("RSH"), owner of Tracts "0", "P" and "Q" at Northbrooke Plaza. We have been engaged by RSH to act as the authorized agent in connection with RSH's petition to vacate a platted drainage easement currently straddling the common property line between Tracts"P" and"Q". Please refer to the attached Exhibit"A" depicting and describing the current location of the subject drainage easement. As you are aware, Collier County's petition process requires that certain utility providers and easement users acknowledge and consent to our client's vacation of the subject easement by means of issuing a "No Objection" Letter. Therefore, we respectfully request that you indicate your consent to the above-described vacation by signing this letter below and returning the same to our office. We have enclosed a postage-paid return envelope for your convenience and we thank you in advance for your prompt attention to this matter. Please do not hesitate to contact us if you should have any questions. Respectfully, C. Lane Wood THE UNDERSIGNED does hereby consent and has no objection to the proposed vacation of the platted drainage easement between Tracts "P" & "Q" at NorthbrookI Plaza, as described hereinabove and depicted in the attached Exhibit "A". Signature: Printed name: CLW/ts enclosures QBNAP~223722. i AUG o 1 2000 4501 Tamlatin Trail North Suite 300 Naples, Honda 34103-3060 Tel 941.262.5959 Fax 941.~34.4999 www. quarl~.com Attorneys at Law Chicago (Quaties & Brady u,c) Mad~otl Milwaukee Phoenix' g~st Pdm ~ach July 6, 2000 Mr. Ed Kant, P.E., Director Transportation Department 3301 East Tamiami Trail Naples, FL 34112 Re.' Vacation of Platted Drainage Easement at Northbrooke Plaza Dear Mr. Kant: Our firm represents RSH of Naples, Inc. ("RSH"), owner of Tracts "O", "P" and "Of at;" Northbrooke Plaza. We have been engaged by RSH to act as the authorized agent in connec~ion: with RSH's petition to vacate a platted drainage easement currently straddling the common property line between Tracts "P" and "Q". Please refer to the attached Exhibit "A" depicting and describing the current location of the subject drainage easement. As you are aware, Collier County's petition process requires that certain utility providers and easement users acknowledge and consent to our client's vacation of the subject easement by means of issuing a "No Objection" Letter. Therefore, we respectfully request that you indicate your consent to the above-described vacation by signing this letter below and returning the same to our office. We have enclosed a postage-paid return envelope for your convenience and we thank you in advance for your prompt attention to this matter. Please do not hesitate to contact us if you should have any questions. Respectfully, QUARLES & BRADY LLP C. Lane Wood THE UNDERSIGNED does hereby consent and h,a,,s no ,,o, bj,ection to the proposed va~tion~e platted drainage easement between Tracts "P, & Q' at Northbrooke Plaza,,~s fie'scribed hereinabove and depicted in the attached Exhibit 'A". ~ Title: /f~. ~. PIT' CLW/ts enclosures QBNAP',223722.1 MediaOne This is Broadband. This is the way. 301 To~vcr Road Naples, F! 34113 Collier:. 941-732-3834 Lee: 941-432-1801 Fax: 941-992-1289 July 12, 2000 Mr. C. Lane Wood Quarles and Brady, LLP 4501 Tamiami Trail, North, Suite 300 Naples, Florida 34103-3060 RE: Vacation of Platted Drainage Easement at Northbrooke Plaza Dear Mr. Wood: MediaOne® has reviewed the plans of the above referenced property. MediaOne® has no existing or proposed facilities within the scope of the construction; therefore, we have no objection to the pr6posed project. If you have any future concerns, please feel fi'ee to call me at (941)732-3801. Sincerely, Gene Howell, Construction Manager EH/fjh County Public wks P.01 July 6, 2000 Mr. John H. Boidt, P,S M., P.E. Director Collier County Stormwater Management 3301 East Tamiami Trail Naples, FL 34112 Re: Vacation of Platted Drainage Easement at Northbrooke Plaza Dear Mr. Bold':, Our firm represents I~SH of Naples, Inc, ("RSH"), owner of Tracts "O", "P" and "O" at Northbrooke Plaza. We have been engaged by RSH to act as the authorized agenl m connection with RSH's petition to vacate a platted drainage easement currently straddlin9 the common property hne between Tracts "P" and"Q". Please refer to the attached Exhibit "A" dopicting and describing the current location of the subject drainage easement. As you are aware, Collier County's petition process requires that certain utility providers and easement users acknowledge and consertl to our clien~'s vacation of the subject easement by means of ~ssuing a "No Objection" Letter. Therefore, we respectfully request that you indicate your consent to the above-described vacation by signing this letter below and returning the same to our office. We have enclosed a postage.paid return envelope for your convenience and we thank you in advance for your prompt attention to this matter. P[ease do not hesitate to contact us if you should have any questions. Respectfully. QUARLES & BRADY LLP C. Lane Wood CLW/ts enclo.~ur~s THE UNDERSIGNED does hereby consen1 and has no objection to the proposed vacation of the platted drainage easemenz between Tracts "P" & "Q" at Northbrooke Plaza. as described hereinabove and depicted in the attached Exhibit "A". Printed name: . d' ~:r~D/'-"p ~ .TUL 2@ 2080 14:07 ~. ~r!t? . AUG 0 1 2000 LIST OF ABUTTING AND OTHER PROPERTY OWNERS WITHIN 250 FEET OF PROPOSED VACATION Name: Address: Zip Code: Parcel Number: Robert D. Will 700 Lamblance Circle, Apt. 102 Naples, FL 34108 63944000721 (Tract N & Easterly 63' Tract O, Northbrooke Plaza) Name: Address: Zip Code: Parcel Number: Name: Address: Zip Code: Parcel Number: Robert C. Walker, Judith E. Walker, David C. Walker & Pain Walker 2171 Oakes Boulevard Naples, FL 34119 63944000705 (Tract M & West 80' Tract L, Northbrooke Plaza) Northbrook Plaza Ventures, L.C. 3936 Tamiami Trail North, Suite B Naples, FL 34103 63944000909 (Tract S, Northbrooke Plaza) Name: Address: Zip Code: Parcel Numbers: RSH OF NAPLES, INC. 10641 Airport Road North, Suite 32 Naples, FL 34109 63944000284 (Tract C); 63944000543 (Tract G); 63944000569 (Tract H); 63944000585 (Tract I); 63944000789 (Tract Q); and 63944000983 (Tract U), all within Northbrooke Plaza QBNAP1 ~24579. AUG. 0 1 ZOO0 RE.TURN TO: STEWART & K EYES P.O. DRAWER 790 FORT MYERS, FL 33902-0?90 Tills INSTRU/~Ii.:NT pREPARED [JY: WILLIAM L. S'I'F. WAR'I; ESQUIRE STEWAR'I',~ KI~yI~$ P.O. DRAWER 790 FORT MYERS, FL. 33902-0790 PROPERTY AI'I'RAJSL:R'S PARCEL I.D. (FOI.IO) NUMUER(S): 00183800004,00184080001 & 00183920007 ) ) ) ) ) ) ) ) ) ) ) ) ) zo 7793 OR: 2418 PG: 1614 IOOOOO0,01 I1¢ /11 lt,~l i~00,N IllO0,U ,51'ECIAL WARILANTY DEED Tills SPECIAL \VAJLILANTY DEED Made this ~,-t,~ day of MAY, A.D., 1998, BETWEEN: RICIIAJLD K. DENNETT, Successor Truslec of Land Trusl No. 5405, (haed Augusl 22, 1986, of the County of Collier, in Ihc Stale of Florida, hereinafter called granlor, arid R. S. II. or Naples, Inc., a Florida corporation, whose correc~ address is 6289 Burnham Road, Naples, Florida 34119, of the County or Collie~, in the Stale of Florida, hereinafter called the grantee. WITNESSETH that the said grantor, for and in consideralton of Ihe sum often Dollars and other valuable considerations to him in hand paid by the said grantee, receipl whereof is hereby acknowledged, has granted, bargained anti sold Io Ihe said granlee, his heirs and assigns forever, Ihe following described land, situate lying and being in Ihe Cotlilly of Collier. Slate of Florida, Io-wil: A parcel of land located in the Southeast Quarter (SE ¼} of Seelion 19, Township 48 Soulh, Range 26 Easl, Collier Covnly, Florida, being more parlicularly described as follows: Commence at Ibc Soulheasl comer of Seclion 19, TownsIf;I) 48 South, R:~nge 26 EasL Collier County, Florida; Thence nm Soulh 89' 34' 36: Wcsl along Ihc South line of Seclion 19 for a distance of I00.00 feet; thence mn North 00~ 42' 54" West pnr;dlel wilh Ihe East line of Ihe Soulheasl QuaNer (SE ~A) of Ihe said Seclion 19 for a disl~ce of I00.00 feet Io a poinl on Ihe No~herly line or a 100.00 foot Counly Canal eas~menl ~d fl~e POINT OF BEGI~G of th~ parcel of land herein dcscfibed;'Thcncc continue No~h 00° 42' 54" West parallel wilh Ihe East lin~ of the Southeast Quarter (SE 'A) of Ihe said Seclion 19 for a distance of 1,243.75 feet; Thence nm Soulh 89~ 17' 06" Wesl for a dislance of 450.00 feel; Thence mn Norlh 45° 45' 00" Wesl for a disl~ce of 200.00 feet; Thence run Noah 28~ 38' 00" West for a dislance of 321.01 feet; Thence nm Noah 78~ 55' 38" Wesl For a disl~ce of 544.92 feet Io Ihe Norlheaslerly corner of a drainage casement recorded in Official"Record book 365 at page 414 of Ihe Public Records of Collier. County, Florida', Thence mn Soulb 01~ 37' 19" East along Ihe Easlerly line of said drainage easement for a Den-J40.LRSII-SWD AUG 0 17.000 dislance of 442.'73 feet to the beginning o1' a tangential circular curve concave Io the Ease Thence run Soulherly along Ih¢ axe of said cu~e ~o the left, s~nc being Ihe Easterly line of said drainage easemenl. having a radius of 2,650.79 feel II~ough a central angle of I0° 32' 08", subtended by a chord of 486.74 feet at a being of Soulh 06~ 53' 23" Easl, for a distance of 487.43 feet to the end of said cu~c; Thence ~n Soulh 12~ 09' 27" East along the Easterly line orsaid drainage ease~ncm for a distance of 675.77 feet; Thence nm Soulh 48~ 49' 40" Easl along Ihc Easlcrly linc of the said drainage easement for a distance of 279.67 feet to a point on the No~hcrly linc of a I00.00 foot County Canal Easement; Thence mn No~lh 89~ 34' 36" Easl along Ihc No~hcrly line of Ihc said 100.00 fool Counly Canal eascmcnl for a disl~cc of 873.61 feel ~o Ihe POINT OF BEGI~ING. LESS AND EXCEPTING a 100 fool ',vide slrip of land located in Ihe Easl Half (E I/a) of Section 18 and 19, Township 48 Soulh, Range 26 East, Collier County, Florida, more particularly described in that certain Deed £rom NalionsBank of Florida, N.A., Trustee under Land Trust 5405 Io Robert S, Hardy recorded in Official Records Book 1799, Page 2330, Public Records of Collier County, Florida. Subjccl Io casements, rcscrvalions or restrictions of record. Bearings shown herein refer to those shown on Ihc Slale of Florida Department of Transpoflalion Riehl-of-Way Map for Flo~da Stale Road No. 93 (Inletslate i-75) Section 03175-2401. Said property is vacanl and unimproved and is not Ihe HomesIcad of granlor. And Ihc said granlor does hereby warranl the lille Io said lands, and will defend the same, against the lawful claims of all persons whomsoever claiming or to claim Ihe same, by, litrough or under Ihc grantor herein. IN WITNESS WHEREOF, thc,,said granlor has bereunlo sel Iris hand and seal tbc day and year first above written. Signed, Sealed and Delivered in Ihe Presence of: STATE OF FLO~DA Trustee of Land Trust No. 5405, dated Augusl 22, 1986 3033 Riviera Drive Naples, Florida 34103 COUNTY OF bEE Tile foregoing Special Warranty Deed was acknowledged before mc Ibis day of MAY, 1998, by ~CH~ K~E~, Successor ~slcc of Land Tmsl No. 5405, daled Augusl 22, 1986, [~who is personally known Io mc or [ } who has produced lus Florida Drivers as .... License Number (SEAL] Bcn.~,40~,.RSII-RWI) AUG 0 i 2000 .o._/"J . _ Guy L. uarlton C.F.C. COLLIEK COUNTY TAX COLLECTOR COURTHOUSE-BLDG. C-1 NAPLES, FLORIDA 34112-4997 MILL CODE 98 ESCROW CODE 0000 R S H OF NAPLES INCOP~PORATION 4500 EXECUTIVE Drive NAPLES FL 341198939 TIMI: Tuesday, May 16, 2000 04:14 FAX: 9414344939 NU~ER OF PAGES (INCLUDING THIS PAGE) DISCOUNT EAP~NED ~dOUNT DUE VALUE ASSESSED 239,914 H~STD AGRI 2558 AGRICLTR237356 1999 COLLIER COUNTY NOTICE OF AD VALOP, EM TAXES A.}ID NON-AD VALOREM ASSESSMENTS 4% IN NOV 3% IN DEC 2% IN JA~I 1% IN FEB 0% IN MA~ 34. 25 34. 61 34. 97 35.32 35. 68 AUTHORITY AMOUNT AD VALOREM TAXES COUNTY 9.06 SCHOOL-STATE 13.21 SCMOOL-LOCAL 6.64 CITY .00 DEPENDENT 2.17 WATER MGT. 1.44 INDEP. SPECIAL 3.05 VOTER APPR. DEBT .11 TAXABLE 2,558 PROPERTY ID# LEGAL DISC. NORTHBROOKE PLAZA LOCATION: NANO~THBROOKE PLADR PAID - 03/31/00 35.68 R.EC# 17078 6 NON-AD VALOREM ASSESSP~ENTS COM]~INED TOTAL 35.68 63944000789 TRACT Q 2580 AUG 0 1 2000 Guy L. -~rlton C.F.C. COLLIER COUNTY TAX COLLECTOR COURTHOUSE-BLDG. C-1 NAPLES, FLORIDA 34112-4997 MILL CODE 98 ESCROW CODE 0000 ~ S H OF NAPLES INCOP~POP, ATION 4500 EXECUTIVE Drive NAPLES FL 341198939 TIMI: Friday, May 12, 2000 01:08 FAX: 9414344939 NUP~ER OF PAGES (INCLUDING THIS PAGE) DISCOUNT EARNED AMOUNT DUE VALUE ASSESSED 44,876 H~STD 478 AGRICLTR44398 1999 COLLIER COUNTY NOTICE OF AD VALOP~EM TAXES A]ID NON-AD VALOP~M ASSESSZ~NTS 4% IN NOV 3% IN DEC 2% IN JD2~ 1% IN FEB 0% IN 6. 41 6. 48 6. 55 6. 61 6. 68 AUTHORITY AMOUNT AD VALOP, EM TAXES TAXABLE 478 PROPERTY ID# LEGkL DISC. LOCATION: PAID - ~EC# COUNTY 1.70 SCHOOL-STATE 2.47 SCHOOL-LOCAL 1.24 CITY .00 DEPENDENT .41 WATER MGT. .27 INDEP. SPECIAL .57 VOTER APPR. DEBT .02 NON-AD VALOP~EP! ASSESSMINTS CO~INED TOTAL 6. 68 63944000747 NORTHBROOKE PLAZA TP, ACT O, NANO~THB ROOKE PLADn 2560 03/31/00 6. 68 17076 6 LESS ELY 63FT Guy L. ,~rlton C.F.C. COLLIER COUNTY TAX COLLECTOk COURTHOUSE-BLDG. C-1 NAPLES, FLORIDA 34112-4997 MILL CODE 98 ESCROW CODE 0000 R S H OF NAP/ES INCOP~POkATION 4500 EXECUTIVE Drive NAPLES FL 341198939 TIMI: Tuesday, May 16, 2000 04:11 PM FAX: 9414344939 NLq~BER OF PAGES (INCLUDING THIS PAGE) 1 DISCOUNT EAP, NED APIOUNT DUE VA~UE ASSESSED 119,094 H~STD 1270 AGRICLTRl17824 1999 COLLIER COUNTY NOTICE OF AD VALOREM TAXES A~;D NON-AD VALOP, EM ASSESSr~ENTS 4% IN NOV 3% IN DEC 2% IN JA~ 1% IN FEB 0% IN MAR 17. 00 17. 18 17. 36 17. 53 17. 71 AUTHORITY AMOUNT AD VALOREM TAXES COUNTY 4.50 SCHOOL-STATE 6.56 SCHOOL-LOCAL 3.30 CITY .00 DEPENDENT 1.08 ~JATER MGT. .71 INDEP. SPECIAL 1.51 VOTER APP~. DEBT .05 TAXABLE 1,27 0 PROPERTY ID# LEGAL DISC. NOP. THBROOKE PLAZA LOCATION: NANO~THBROOKE PLADP, PAID - 03/31/00 17. 71 P, EC# 17077 6 NON-AD VALOP, EM ASSESSMENTS COMBINED TOTAL 17.71 63944000763 2570 T P~ACT P AUG 0 1 2000 Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt Trans Number ' Date ' Post Date I Payment Slip Nbr ' 207220 ~07/17/2000 1:45:42 PM i07/17/2000 I, MS 73345 i R.S.H OF NAPLES, INC New or Exist: N Payor · R S H OF NAPLES Fee Information Fee Code : Description , GL Account 12TRVC ' REV ACCT/VAC EASEMENT-ROW 10116361032910000000 AmountlWaived $1ooo.oo i $1ooo.oo Total Payments Payment Code Account/Check Number CHECK 2222 Amount $1000.00 Memo: check no. 2222 VAC-2000-013 Total Cash Total Non-Cash Total Paid $0.00 $1000.00 $1000.00I Cashier/location: CORZO M / 1 User: SPANGLER T Collier County Board of County Commissioners CD-Plus for Windows 95/NT Printed:07