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Backup Docs 01/09/2013 (CR) o 0 rA d Y C Cii rd tv . d t" Ce:i 2 a a o Uri - ;, f 2 d �a c E o . , cr cm Q> -a' �. ei (-) G ..t O G V> b eD r a /1111 A s c MI y 1-\ rb b .O R C rn a ` = • - 1 :v = s0- ..i A •-7 n t• �— ' • a et im y o t r -e O A.-- 5- Z 5-et Fs. O t.21 rn 70 ft / cr 2 QQ S A ra F6 n 3 D G 12 3 m m „Ti m 3rrn 1D m z m v m o C OTn0 rt G) rn 3 > z0c = v tot rn m ((nm - T1 �3' m ri, v 3 rny � rt i r: rn p '-' z m m 3 -1 mz F - %'1C H O O m z z -1 * zz -1 '73 q O r cS) •=1 -1 rnW ° � ' l CO m i3i m � D - rn■ m mF z 7C D Cr) C --i n › _3 O ( H < z _ 72 O2 0 • a 0 ii a� n -1 v . n z O Hzz ri -1 3 rrnn- z ( R m m m co co " � 3 z Xj ` a o -I Z � rt l IN V z -I a 3 co u =0 ° �.c3z O � oo m Erna �- 74 a o° M O ° rn0 � Xi p Dorn Cr,_1 m o �A • • Elf 1* '-' �_ �D m 0 � � � ....—. (A .< D -1 -I ) -z1 rcrrn D * 1 A m m o > O n z r 't -i = 71 73r VI M N 00 p Z 70 0 W 'a x 0 T _ m z N C. 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(xi *1 o > _9 3z ° .< EU 3 -I D ° o -I I y flt m O z -ID • ;; a °° " fD (D O v rnD - h E 3 -I m O m 23, as = O 0zo N � m 2 mu, m C n La -I rnD_ co `A m m rn ,may Z 73 OT w .0 n � m zv) a a a , a rt rn n > cD > m rn > m 3 r -a m 3. m Z in v a 0 PA rt C O O 2 17 3 > z 0 c ! m 0 M m m � rn � v 3 ri m FA -I r z as G 3 rny ° rt r o m O m � zz 3 0 mG) n ' z 1 XI 7o z O O rn oQ H -1 = 1 o a z I m Hoc .nl mmi a .-3 rnww n nzu' O r w m Z > c a O X m � rn = O W o rn 70 D^ CO G `S a 0 X z -< a 5 c or. o M zn --i o 0 (nn n rt 0 -I 3 mFD z n 3 m a m m co corn G ( 0 co E! � zo° o G = CD Tao > 3 ° 0 o to M > c3z ° a N O z � °o 70 rt a DP 1 , CD O G m0- ,. c tir 3 -I m o , rn rn 0 uA-I V m Z � � � n c x _ = w ai CD = 3m --I-I rj 1;1 m m p CO - o0 0 Z ' OW T z � a a m p 4- A 3DO '0 3 m m rq /'1 n ,, NWrn 1-1 (ODD m 0 r 3 C Op8 rt p rn 17 a z - c 5 m 17 7o rn rnz 3 m m rnrn - I m -I r v c� m i-4 G� p 0 3 rnD _ =it 1 r Co 2 z = m 13 r;61 ' ' mr) - 6.) (-0 Z 0 * o Z Am m rN F _ ff� D m ° 1 Vv n w rnoow W u (7 cn r mzw M 7 � D 171 m Z --I (�DD 7) m -n rn N0 A 2 G coo ~ C ! E) 2 m w n 0 0 cn n Z 3 H .-. 'Z' n m �/� Z D N 3 a moo ° m G Z 3 -1 ° .� O co o � 3z ° .0 Di CL m 3 m c" rn ° r� N Ir C Z . -1 ° ? g Fir) 0 g rn o� _ lir • 70 m On v rn 0 0 0r C m Z oz rn cc)n G) co _, � of _ _ -i rn D m m rnoD O �� n ZDr -e V M o =m o z .m, - co V'',_ 0 I CO c nN a 0 rt t II o = o 7 Z > 3 > i m /1 A 3 � ~ m m Z mCI M -< N' rn v O v) rn L a r 3 n zoo = � v rn m rn j° z to 1'' m a m m c�i; rnR . 3 � 3 rn M M G) 0 � - rn M co 3 rnDxi _r r- m 0, o � m O m Nzz 3 xi ° rn � z - o- , , 70 o 0 70 z n A - S' Z z 0 3 ) s Z A NI zr. N 5 i to mi CIa W co n � u, b p" I r rnzw !" rn 70 G7 m _ c m o z u� 70 = � 0 to r- c coo v o > I � P °v u 0 0 - 3 m � z U , N. R. m �/f ° m Ft .� Z o xi z 3 -1c 3 v v z 1- u' m o -C1 3 z IN O m Nrmn5 m N :� N � imi O z -19 ID rim x a pON r+ al O o rno� _ar 3 A 73 n0 0 X rn y.� p � o co U) 'v m m mW >m 23 _ 71x1- 7C m >73 � O 0 Orn ', ':v 2 o ul u = m u) a z 'p i a rt aJ -v n cn n 73 Z > 3 r- O O CD > O rn m n rn 3rrn m rn p O C 0 --n n0 ,9. -I GI 3 0 RI > zpc = -n 3 2G) o o m 72 D- 1 G) m 13 3 r" �--� z � XI � zn � H z 0 � zz Z _ = = -< P °4 m m r ry -1 .. rno00o ° `Jv n m 3 mzW r �, -rnl m O3 t, TI rn = /�+ O C rn m 1� _ 03 U) ° rn C vz n o 0 xi _1> ac n 2 3 _I 1-i n -I 3 rn� z er_ i W 2 D -I N N M 0 (n X z °o rt 0 z 3010 O 0 c > � 3z a IN O rn ( rn ° c3D D N o T1 O 2 -10 !'• ° > pON al n7 3 70 73 ,r) LA 0( � 1 -I 'a m Z ° zrn n Nf r- 'rnv V' of r, _ 7175rr- m - ° p s f IM .ry 0 03 173 61 n . = c -I c m z cn a a U 0 rt Z -a os0 x z > 3 m3gF -° z m GI rn /1 m 3rrn iD m Z - '0-<o v) FR c� a z 1. 3 C 13, o 0 0 = -I v GI 'T' m m m Nrn 3 m o 3 RIDx _r r- rn -f �,,,. G1 61 0 o> m �` o m �jzz C a 1 IV 72 v --Inn z 3 0 7ozm Z o * zz 0 n - Z 2 I 74 _ 0 �({ t. _ C�� m m r- N "I C P v m Oo i 00 CD r, I 00 n r— r r z.!-A) '' z � DcD A, rri Fr; a' p = o coo c 0 >2 � 0 u o o a C Dc70 m N n --I o 0 U A z 3 = zy v' 4 -1 3 rn . z cD rnm co con up al -I > HNJ m o a (D 73 z m ° o 0 o > c3z ° fg o m ' N) rCD CD 1,1 Ti 0 zp„ 9 rt xi a o. al p 0 mom c a7 3 -I m O � rn I 0 Ozm CD 0 r.. v -' cn El. C -‹ D j �l CO -I -1I >Ill m m p D O m oO s 2 7o O W '0 = O -I co y ZN a 0 Pr l n 3DG "a 3 > 3 > m m � m 3`- rT, z - C o cn p0 n 3 m a g r 3 p zoo v 177 r. � rn � 3 m m 3 rnyo m�` 171 -i n� z 'N ,z o ' ' Z -1 = * > C= = rN m m rn -I � rrnnciW I h n W �Wi n ,�yw ‘\ I- z > V) ,..\., \\rn rn o oz 0 cou) o m -< D^ ao G `/ ° 0 ' n0 % 79 N a C xi � vo (11 n.n. z 3 rngz n r m m Woo m to -4 > -INO \\ 1 ' g 0 a 000 rt m 3 -1 > Li 6 n \ .12 o z -1 o rt CD > pJ xi pa N 3 Om � 70rn 2 O o �C ` ( 1 m Z rnzrn n. 11rnn .t)) IA m I-1 ° p 0' Z OT W '� 61 [7 = O -I C M Zin a a ta 0 rt A 3y ° 13 tO 3 rn m 3 we r ip m Z a r n O � mn = \ m 0 "v O O C. v a zOc = j a A. m m ( z kr 3 m m w '� v 3 rny ,-`�F, 1 rn r,73 m J O m ( ~ z R i 3 v rn � z li O O � zrnn I Z —1 * zz �- Z 2 = 0 m m = WO �� .. rn W n m nr .4 j Z. rn I- Z DV) \ �� r -I O 3 O m< m r MS -I m rTI m m co ° t. 4.1.10 m XI � a , > z 0 D a ° , O XI CA n _>i o 0 I. (1) `• -0 c n - O _1 z z r to -. -1 3 rn z '' n n "� m = m co CO n •� ri 00 -1 D -1 N r 0 O o a oo ° a (D v 0 z u' G > c3z 0 -7 � �� O m ern ° €._ V 1v 0 D ° NO n `.�- ', H zHo rim x a °oN i (D O a rn o? i1` = —1 m O 7°v m (7w ' / -1 (A v, i--, c r C yk m Z ° zrn �°tv r m „ in a cn C X.� _ _ � ai K rn m 3 co --I-I c— m ° O tom- Z Z OrnW G) n "< m z � a a to O rt n 3Dr0 "0 3 m m n m 3rrn Z �� a O 0 cn rnn ), G r xl rn � z to r_ ga 3 LI m N ::-/ (D r C7 3 rn > x ,* r=- AJ M m 1 2 0 R c � r m � 73 0 HG > a O G � zrn \ �' - Z - A D Z J ∎sin 2 'i = � � P c ' 1 ' - `" = m = r- N m m a W m 3 rn z. 0 rn r Z � DLDn A,� m C a' D kl e---- > -A x '�" r -f rn ° z _ 72 o, ° 'i a u m .< > . . w . v CI 0 xc � 'r v a C ° 1- 0 70 z 3 _, zD ?�. U n = 3 rn P n r cD 0o -1 D - NN 't m to > ° O �\ • Z 3 -1 b 0 CI> c3 > 0 i O. --, z rt O m mrn° r � 3 -.1 D o � H -0 O z -1 ° ?? tr A a ° Ov ID 73 m O° rn Fir C U) p A 0 u _% _ �F X 0 ° zrn M r G7 to C -< D -1 -1 z T � O --1_,A D co > r t rmr r"r ° p O 7D O vo a .t Z O n CO ' '� = U rn z � a a 0• A 3 > r .0 3 m m 3 r 16 m Z z I n -< v)oox ID y z r' O c 0 * GI M 3 a z0c = LI P mm 73 m z c� 3 -I-I -I r � z m m N O pp. a 3 mDO pp. r ~ z m O m -Iz = 3 p 0 • -i n �J ` H rnz N Q 2 m m _7 r.) .l 1. a � 'PU r r Z� F Z D of C m OCrn a u, EI-n m m p t r = 70 O� � a % / Oz � v° �, m 0 _i p m n --I 3 rn � z n a -1 G: D -I N C tD mmil O (/) ,-OZCI d ?� rt 0 0 z `-'1 in 0 XI -110 2 'G o• -I GI oo al yr '4) El\ H O Z -Io xi a 0p r.J O 0 rn D � -, m O , m Q= - A Z n i E, aD -I --I V, ;-Ca _ -I rrnn D �' m m z > e g n, � .. = z . ^` � N p -m 0 Z 70 OT W 'd 1 c - a a a pa 4 to O " o 0 d y rm No t7 4 y 2 'b 7d o eo C7 ril ril 2 mi c 'v y Z iir CA - • 3 o y "ti r-- r til y a ,.< r e k CD Cla CI /� o A C r ., eo 3 0 r1 CD ,4- - Cy � v'y� 0 Q • o 5 0-° y s 0 A a 4 , E E. 41. Y c o o a n ►C -. o' ...,(0 o 0. 2 x a et A a 2. oc s m m P- . Tr 0010 m > G) m /'1 n 3 rr- 3 rn c� m z up n ° � p7 � _� v° c r,74 gni• c Z ° C 11 A• > rnrnz 'JV 3 -i m p a-n 1 0 p m O m �z c 3 O rnGz Xi O 0 � zrn • �, N -I• = � � P Z _ F = r- ry rn J � o /l a 2 ri w L I t 03 (- w " F m N 7 D rn Z > cn I m m Crn V.1 O O z I I" ,, = °-n rn '< > z < a a O ° () p O On -- z (4 N n I-I z 3 = zy -I 3 rn� z m 00 -I D -I N CD tO a > - o ° rt M c z 3 � �° to = O m F1 I = - . O• O zoo '1 (1 ~ pOV fD (D■ k Er 3 -I m O rn .a m 2 °zm D -I -I ai -r<( C Li _ - rn - * 4) _ 71 � r w tri men N ° p Z 2 70 OT coo 13 (Th I GI c I _ ate 'c CO rt A 3yo 3 m m /'1 m 3rR rn Z WO , 7) O C � Tn ?LA 0 ,a., O r 3 a z � cc ' o r" v M � r '- 3 m m - v 3 rn y ° ..;. r rn ° m .v AP 3 z -1 = * � z0 z = 70 -w m m ib33 - ,� aea m 5 W _- n co �Wi r1 H VI r w rn 3 rnn' r.� '} rn 73z 0 r Z > n m zi m O < 3 ,, ., � ` XJ o = I -I 0 rn m m �f. '< = M O� 0 a ' I `./ m a ' W v a 0 XZ `" . 0 o ° r, o C D c 73 m � n -1o0 . cn , n • 3 rn� Z j Ti n m Z 0 c rn `x: ' 3 m a > ° 0 � 73 z ZHQ ? v 7o a c 3 > o ' .-I 0.73 Z rt o m Nrn ° m ' F D 0 N / -3v -I z -1 °o `_- :, '70 112 M v X > .4 .„O r , _ 73 O l ° -I m xrn O A cn yL -1 (f) (f) I Z mzrn n A m m o > 1." o �1 W a 71prrr- �' H �Y 2 Z Oc I _.N. 13 O ( _gg m a z �c 0 rt n zyl- 13 > G) m /'1 m .ern cD m z �'. v O C � .rn � rt a rn 3 a z0c = r G rn m rn � z � 3 rn M- III x Ap = rn O 3 di 0 z 0 .1: m Nu z - , O 0 v z rn > H z ADZ " Z -I = t4 -- O s m m -1 O No �F ny_ l _ m = WO .. ;; a W rn 5 w a I m 3 I- z�"' 'N rn ry 7 > D ' r z 7CDCn 3 �,'' m C -I9D m = n ° 4,„ m > `/ DZ � ° 5 c oco 74 z A -Dive n ri z -I 3 rn. z ' ,.. W -1 _,..>D -I N — ,w,• ._,, (D ICI Nf 7o Z o° i ,_5 CD p 2 Z -I 6n ' to .= ,O ° �m m : z ° 0 n t N v -I ° "f > pON In (D rn µ- O - cn 1:t m 0 UG) C x _ _ , CD m 3W -DI I" `• , -I Z . n A zD --. a m N ° b "<•.� = z �° ° co G) n I m z � a a ICI 0 rt 010 cD > G) m /1 n 3r ~ cD m Z ma O O . rnn r a Z I- C 200 m rnrnz 3 cn m . .1 m (n m �' z m 1-1 0 = -I M 0 ,3,, rn D 70 r": C r O m ~ z = m 70 0 -10D n 30 0 XXzrn VI - Z -I * DZ ' _ X 1 2 \� Z% m r N "�\ -I m rnWW ! n 1,3 x.r `� I- ~ W ` r Z. r Z � DvDi � m - m rn t cn = � z \ rim -1 0 m rnrn � 0 m 7o OWv) 0 a i. C Dcx m n Gov -I 3 r=nPz n = m ooaon ec 0 -I � ZD 0 Z 3O0 m .= O m ",-I m N� a , , 70 > Z -i O i 70 H p O v m u2 M G p rn0 � 70 0 0rn m O A o ,,' \ n V 1* -1 n n . m Z ozrn D-r a V -< D -I 111 m,nj A z 5 � ,\ O z OT co -a n I Co -I co a zu' a. 70 m a rt n 3 D G 73 3 m GI rn m /'� 3 r (D m Z 12 m -< rA. v O O cn mn a z r C O T o ni 3 a zoc E � v -15 xi rn m xmz i 3 m m o rn D 3 rnDX _r r O rn � zz 0 \ m G D 3 v rrn � z O I xzrn 1-1 Z * zz �� Z 1 o r N a z00 °o . 1\ ' A m Z T. ccD�� c/, J G OC3 —I 0 rnmm m 7o O� c a D > z� ° v a a oco 73 cn n moo c 0 � zz cn -1 3 rn . z �. W -i DAN fD tO a a o o ° �D 73 3 -I C. m = 0)p � 3 a o m ., s (I)O m cn n a 3 0 zI ° „--1 o rp p D r 0- itt do -I m 8 ° m \ M Z mz rn cD �° � � r v � M m rn ao —I r _ -zl � rn M CO a 0 r- y N o ,- O Z 70 OT CO 'O 2 c0 ‘ co a 0. v m A 3 D 0 3 m rn m z� rn m In A O v) rnn a 3 a z0Oo 3 m D rn rte' m r" ;° z .. 3 m � zO M rn m xi _r r rn O m tzz 3 m 12 3 -I rn �z Z O � Dm I H 2 7o z _< ! , Z mil a rn ( n w W rn � , $ii; rn H D r�°w m !� m O < F g� *. z g 0 rI a is 2 -< > z aC ° 1- 5 `' " ;. 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O v 6To ' O IT1 3 a z 0 c = M v rn � r � rn � -co % 3 m m N 0O rt v 3 WD , ,.r rn rn 'n G“") X O m i .v O m (7). 2 z = 3 v rnc) z .1 • 73 O O , zrn \ N 2 -1 ADZ (o 2 —I = O _ r, O m m 1 0 .= 1` 7 � ""' m n a- ^ rnooW 3 Er- rn � w m2 2 T=• (r) 11 A..... 73 m < n o O � 0 rn S n C o m m 0^ a .< n � W ri v v x � v a c D C 2 - m N n = a0 rn til A Z � zz q' -1 3 rn1- z c E a W --II D -Io o S cap (Q a a � o -N C. "t CD o v 7o > c 3 Z O ^ .c"'1 0 m 73 ran O . y' ^� tu 0 m cr) n, cD 3 -I D po �� 0 z _12 H > o " rill al O 0 0 C Cl) 4 m 0 ozm r r- -0 -, a' W -1 xi r ALI rn 3 -1 *0 D' w ° O u, 5 x7 0 03 n -< co a z � a ICI v rt I 1 O D 0 ,o a G) m /1 m Z r „ m 3 Z c� m Z C Op0n C.T. � p m 1. m Wrnz c\'�\ 3 m rin m Ems-+ Gzj 0 '_a -1 m a 3 _ Dx = r-G) ,_,0 :;IT M NIk„, 12 3 v rnG) z :: 4 O O � zrn '6 \ z Z -1 < > z 4 ^ r' ‘k = O V 4 m 1 a m m m 3 ; z.w 3 r r"• m Z � D � m 111 X:a cc�� O m O < 3 rn = 0m rn m p OLnW a z < a w iiis `D 0 Xn !. a oo N � � 0 U A� n Z � zz ;• -I 3 rn� z a = m wco n co -1 ° -10 E iD 0 O � , z5 rD a a oo � k = (D ✓ Z 3 c° '° = a O m Nrrno ti) M 3 0 z N-1c C H o O V N -i• m Oxm^ + h 3 O U) oU) C g % -1 (f) (f) i-i \ 'o �F m 0 mzm cf 3 -I nz CO ' o _ 71 x r- n m � r w p ZFil 70 OT 0 . I n ,_, o - c m zN a a v to (D 1 n 3D0 .a > rn rn /1 m morn cD m z V A p (7; °0 4 2 Q__.,9a z '" m 4 3 > zoo = -I v ow -mI r � rn � -1 m m w � 0O rP r v w rn D ID '* Q' r• `� 0 m G711Z 0 km m till 11 g 3 v rnc) z °n XI z o * zz � ® 2 -I = -R- O (� \`� "''• m rry -1 m _ _ W °w t C�, W aro ("") U1.LAJ r" Z X D Dcn m o m o rn Ny v� m -11 II � 0 mic O u) n —Div - cmn (� j _1 3 rn0z co) ��. w z D -c -1 ' N i 3 41, LC1 C O) a a 0 0 �D v O m ni10 m D 0 ril N ` - 0 � o � x 0 Dory ,■ i MN O rno � 3 x 73 80rn O o A 1 y � `C\ 'o �'F X 0 rnzrn 2 r _I Cu 7a _ � c W -1 --I rn D ® a CO 1 ° r0 ti) M 3 Z OT CO _ c - �_ M a 73 4 0 rt O = O m a O m M ,-'• rn G C OTp p m 3 a zoc .,�) m v r m � rn4 ' QV 3 m (� -1 r- z m ■ m w 0 O rr r -1 M v 3 rnyx _r r- ma 0 D G p H z d '�_ Xi Z = * zo - - Z x 72 m = '` I" _I m 3 '8 (^ a .. rn � w to el CO cr n � , - r z. r Z � D � � a ~ 4 Ei 023 4 1 Xi O m -I < rn C m rn0 I m . "' m o^ ° ?1 p a Dnao 0 p t v c X p C ° r X A H p 0 m —Z O --� z z r "a 3 = � D n o m Z perrnnn ,�� c� 3 W -I D -I o A' :.l ✓ Z 3 � 0` ` m = 10 izi I2. O• p , z 12 0 m rn fD 1.1 O z -I V°o M !"F C 0 rnD°� , 0 K _ -I m O � rn Z. m Z rnzrn n �F tn O r• TJ G� m nn 300 '" t co > r cn n I in a z Q . ✓ rt 0 0 > GI m O � tp • •• -. m A 31- (7) z ri mti O O � mn a o r C zTp m -A a rnrz in 3 m m cj°i� rn � 4 m ( ) Ill 3 � 0 � ="• WI D ° �; rn X 0 H0z 73 O O z rrn - Z -1 * zz _ p z-I_ x = r N ,77:M 171 -IOC) I - . . a W rn � w [ l CU .■ CI 1-.4 fir_ z. M m N 7 D r WI z 7C D (I) c'< '^ = � 0 r m rn = p o, ° a u 0 8 0z0 _, 0 5 A > C � ' ) m 7..- .� N O _1 ZZ -) „n -1 3 rn� z ID = rrnn co 0o m G � o GO -I > --I oN (D 0 o xi � � z , Cis -A\ ai O m rnrn ° o ° o ci c, '',\ H 3 Tr -I z -Io 72 eV N a ° ON TJ xi p p0 `m p rn -, = � � O T ' _ C > -I E V: -- ,,-- ["*- rn p D> A m oo _c-_-. ' � _ _ . i ' , , o i 71 1D a ° r-.4 , - = Ill 1.1 a ,_ o GI n -- = o .- M (n CO rn Z �� '` e O rt n 3D0 .0 3 GI m /'1 m 3rrn fD m Z ma O o w ril cc' 0 a r- 17 w C O T O ■ 3 a zPc 5 � v 61 m -mi r � rnz 'v 3 m m 0 3 rnyX rt \ rn O Gi ~ z 0 m ma 70 v HOz a O 0 X z rn F�1 -I _ 1 z o \�� Z 2 m = i- N "� m m 63 = 03 ° el . rn Ww c m N X 3> a rA r Z > (/) m _i2 ):. o r m N r- m rn ° _ X °� o \ u m a�o o 1 v o e, ( a ° xi 1,4 Z = zz -I 3 r"� z D = m CO 03 n m Z 3 -I0 (p v v zI-7. ." G > c3D O 3 m v' r" o m N O 2Ho o xi P~ N > °P N Q �0 /� O 73 vv rno� (� \ = l3 , m pox \ \\ o m 0wc to y� �F m-• 0 ° zrrri ' n co 2 r< ")".' —1 —1 % c\ a () _ Hrn > nil m rn p.,0 > - \ '1 _ X Z Z OOw 0 2 0 TA 135 a (-71 O. v 73 rP 1 \ = 0 p a r O D GI m _ m -< N m O I 3 c 000 = ) 1 0 RI a rnxz m m a -ml r cr.) 3 m 0 3 XD ° _p � r11 c� ~ 2 c r■ rn 13 3 G rn - z 70 zrn ? _ �_ o (n Z m m 0c rn = coo -I 3 rn � w . n °r° " 1- w r '� r c' r Z D � ) m rn Crn v 2 W � rnp c o >n � c y u Cl) c v , o 73 N n H o 0 En A 0 --1 z cn Z 3 = g > d -I 3 rn. z = m waon CiJ f' fD 0 Cn mzo PD M v '_D+: 73 2 3 -I0 v 3 m D o o � `� 1.1 w O z -1O m CD 7, a v O N {� O 0 rn 0�' C -I m O 'a rrrrn -' O En ul v crnn cn 4 1 0 pzrn cD in Z C _1 70 = —,c Ljt1 -Irn > Q Li 2 3 --I _4 _ zDr- cif 5 72 0 co m CO 12 GI n tfa I Oc --�I c a CI 0 rt. / O � 0 tv a m m n z > r 'G A m F- 3 m 2 mo m o �W � 2 a z r � T � ' c� 1 rn � z co 3 a a rn m rnrn � . 3 rn rn r `. z CD 0 3 rnyx rr- rn 12 3 0 rn0D n (' z - < zz I _ ° r Ji M m 03 ° ► n io t�rnWw , '. ~co `'c r) w F z T. cc› cn mm C m O < rn lV 73 Vf z = O W Vrn i p m 7o O.. a \./ v 0 )=-2. s<13 a a C D c m z 0 _i it cn L• -I 3 rn�z CD m X:0 Go --II D- 1 o M tD (Q O 0� zo ; G z 3 � 0 (0 3 O m o xi Fr o 3 -I Li.) H O z --� o a ooh I g Fp!. C a rn0 � 3 -I m 8 0 `-- O m O o N A 2 O ozm n) n. m G� cn D -I '-� no LI • -I r=n D —I m m o > 0 A ZD � CO > � op = Z OT CO 'n n I O c 73 a � � a rp m 3rrn (D m 2 v o c pm0 rt 3 a z � c = m v pj rnrnz I ,� 3 --II m m � rn � -I m rn -I r 0 3 rn > 0 r m o m ( zz = �, x v --1 G-0' IY, "...N...,..N., : o G z m -<-I Z O m m = I- N..)p L *N.....= oo y V rn Ww O• DJ r m 3 rnG-) > O rn G7 r z � D � m C m 03 70 -1 cn = � z r 0 I 73 o� W a u a '< > z -< vv 0 0n0 n � o - E n z 1-1 o _1 3 rn� z n = m 00 CO n ` cD W -I D -I rn 3 axi z . ` =' G z 3 -1 c°n (j) um x a czz o .� �. 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O m �jzz = 70 0 —1 G) z n (t S °� �(" Z0 D z ^� _. -I ) . , N Z -I I m = � � m m -I O Q (� a ^ T 00 w N " l co n ,� (Y1 w 3 m S—9... ):4' m OCZ C im ° m m rn r" l' I 72 ca (r) a m Dz � D `/ > °c o p 0 72 -", n -Dive cmn n z 3 = Fz .1. r_: m z 0CN -� � • 3 a 0 u) xz °o p � _ 71 2 3 -I0 to pi. p '1 0 p r34 O Fi o) --1'. z R. 0 - Doo cM (3 ' ., N .12 0 z -I oV \ 70 a ° oN O � v,'� O p m0� -- _ 3q t -O0m -I m v O ` •° �0 �= 0z iti m Z mGI v) m m m 0 › 3rn � g q n z D r m cc w ° 0 O 4,.. Z 70 m W 'a '� R=1 O I I i�1 ` azV, ; &- 0 O g, ..5,.... ia n 3DO - 3 GI m m 3rrn (1) rn 2 w O C 0Tp rt G 3 > z9c = -i v I-- m crrnn � 3 m n (A -I r- v 3 rn> FP. r— rn O G 0 m 3 mp rnnz m • s —1 m = s ( )D .. rn .?<:' I.. r- ,W z: M 3 rnn . 't 1-1 73 C 0 . .„ rl 0 m _, < ( L'E, s ` �a _ co ± \ `/ m � 2 v O n ' 3 r.,r C p r c (I) DC ' ,r O • = 3 rn G� ; n am m CO � � °., GO --I D -IoN \ c a > 0Oi XI 2 3 --I o m = v xi D3z O • .< Gm rn rn p ‘ .1 w cr) p N al —1 D o N CD 73 >O v rnD�= rn o cn c 1-1 U 'a 1,1 ? v 6,-) v) Di. 1.e CD -I -I1 ) kJ- M m m 0 D o q n z D i I CO a- ,D., p p 71 7i 2 70 Orn ww 'oa GI n -‹ I 0 in CO zv) a m m v FP ./ s I. X 'I: t' n (I) 0 Z c) m Ce 3 D r 33 m m ^ n V� 3 lc � � 3 Z z 12 m N. rn o m v 3 c� pO8- v rn i. ro a1- rnpci Cf m a m rr. � rn �. • o 3 m (� 0 3� rnDO � x 1-: rn o -I_. mm . +o -r m L.-1 .V -t �v z n\ � S z o � zz^ - 00 FI Xi 73 =-I _ � � oa � A — z rn WI 4 a ^ rn W w n O W SKr z w // '' I m 3 rn � W rn m '0 2 3 4 Ci 1 O u? < rn Q 11 N m O rn � '<ro °Q m -< 7).D -WGdi 1 a Q .../ R PI z Oa � zz P� r 0 r" zF ocm- �" 3 —o .? ?, 6zo 1 p NI Xm A/4 0 - - T ____ . = c.,,, z .. z _, CI)7,7 V3 in °N4 3 Doo a `� - o c� H N eg \J 3 �Q < 70 XI pn 6 3 m rn A C� p 4 m Z rne� n ^ 3D O-- m m rn -1 ° A *,mo >44.' g a m 05A p O O iX OO w rl a rE a � s nSyr vi 2 > m /'\ m 3rrn cD M z 1 v c C 0To c. 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Z �-I ma O C O , O0 al, rn ril 3 a z ° c -1 p m � rnz 3 m ' pc) ° rt -i O 3 rnaX i A r- O 1 Ono p . m 1) m vjza c; 73 • v -i c� 03 0 z m I►', Fri • z � o ,I1‘, Z m m -IOo K" -I m a e4.3 rrnn co W w ■ I W ..i C� ,� W rim m N X > '� rn 1 Oa3 M mO c) -I � z mim rn ° -1 rig m 0� W D a -� v z v tn n � 0 ° ai h n �• O _, ~ cn -1 3 rn� z �. m m cam► irk 0o -ZI D -'Io 2 a a oo ° _ M z 3 � 0 .� = cv > 12' 3z o ; `� Cm O m gym _ i ri :i IN 3 z ° H 73 o -Ai ,9 > °: f� 11F � -D n °° CI -I m rn = O cn v' . fp V 3 -I Q n z ) � o f R. CCI rn N ° p \ = 0 o C a z .pi z ° m c -fin C C. 72 IC a z v CD On = 0 m > C) rn n 3 � 1 3 m m n m 3r' ,i cD m Z 13 n 0 u, o° m a z r 3 > zo0 3 --1i v R1 rn � z XI 3 m Sri g3 rn m � o rt a 3 rny70 = ' I'17 O m ( ~ z= G m ND O 0 x z m Fi 2 X _ ° =' Z rn m N m rn W o a n r .. m z w ''` r m z DV) ` rn G -ID O m ° rn 1 rn m rn 0 r = O 0 � p c- m< a � z -< v a c Dcx m A —Ip ° CA A z 3 = zy s -' -1 3 rn,G) z t 0 co m --1-I > N m p o s �� S. 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Li C -< D � 2 0 m m rn o > ,, o 2 -71st- ,,0o a ° r t% z N N O it O Z 7° ° W h V I m O H A� c n z0 a It ist 0 rt 9-1 1411-1EI DETERMINATION OF USE ASSESSMENT TIRE STORE WITH MINOR AUTOMOTIVE REPAIRS WITHIN CREEKSIDE COMMERCE PARK CPUD BUSINESS DISTRICT JANUARY 4,2013 Prepared for: COLLIER'S RESERVE ASSOCIATION, INC. 11711 Collier's Reserve Drive Naples, Florida 34110 Prepared by: 101 IN (•)\: ENGINEERING 2350 Stanford Court Naples,Florida 34112 (239)434-0333 EB 642 20129246-000 /-S-/3 e- 6C Determination of Use Assessment: Tire Store with Minor Automotive Repairs within Creekside Commerce Park CPUD Business District Summary of Findings At its meeting of June 26, 2012, the Collier County Board of County Commissioners acting as the Board of Zoning Appeals approved a Summary Agenda Item determining that a Tire Store with Minor Automotive Repairs is a comparable and compatible land use to other permitted uses, and therefore, is a permitted use within the Business District designated area of the Creekside Commerce Park PUD ("CPUD"). This assessment involved a review of the applicant's request, staffs Executive Summary, and provisions of the CPUD, Land Development Code, and statutory notice requirements. The following pages provide an outline of findings that the Tire Store with Minor Automotive Repairs cannot be deemed comparable in nature to other uses in the Business District due to the nature of the permitted convenience store and gasoline filling station (limited to only one permitted), and cannot be deemed consistent with the Business District intent, and that the compatibility of the Tire Store with Minor Automotive Repairs has not been demonstrated within the Business District where it is proposed along the Immokalee Road corridor. The findings are organized according to following four main points addressing the incomparability, inconsistency, and incompatibility of the Tire Store with Minor Auto Repairs. Those four findings are followed by an explanation of statutory public notice requirements for changes in the actual list of permitted, conditional, or prohibited uses within a zoning category. 1. Comparability Test: "Convenience Store and Gasoline Filling Station only one allowed" not comparable to Tire Store with Minor Automotive Repairs 2. Inconsistency with the intent and purpose of the District 3. Definition of Compatibility and the Limitation of only one such use 4. Compatibility of the uses within C-3 vs. Incompatibility within C-2 conventional zoning districts Determination of Use Assessment: Tire Store with Minor Automotive Repairs within Creekside Commerce Park CPUD Business District Johnson Engineering, Inc. 1/4/13 Page 1 „,,,,„.,,6 1 Overview County records indicate a pre-application meeting for a Site Development Plan for Firestone Repair Center at 1171 Creekside Parkway was requested on April 18, 2012, at which time staff noted "2006 PUD doesn't appear to support this use” and "possible zoning action required as well." The applicant issued a request letter dated May 9, 2012 for an Administrative Determination to allow a Tire Store with Minor Automotive Repairs as a permitted use in the Business District area of the Creekside Commerce Park CPUD (Ordinance 06-50). The Pre-Application Meeting request information and the applicant's request letter for Administrative Determination are provided as Attachment 1. Section 2.21 of the CPUD identifies general permitted uses throughout the Creekside Commerce Park CPUD except in the Preserve Area. (See Attachment 2 for the Creekside Commerce Park CPUD Ordinance 06-50). The list of general permitted uses includes usual and customary uses, such as essential services, to be allowed throughout the CPUD. A secondary listing of uses is provided for each of the two Districts within the CPUD: the Industrial/Commerce District, and the Business District. The permitted uses for each District are identified by referring to the Standard Industrial Classification (SIC) Code, which the County references to help classify uses. The SIC Code for a Tire Store with Minor Automotive Repairs (SIC 5531) is not listed as a permitted use in the Business District area. The SIC 5531 description is provided as Attachment 3. Within the Business District Section of the CPUD, however, Section 4.3.A.14 authorizes the administrative approval process to permit uses that are not listed as permitted. In order to administratively approve a use that is not listed as permitted, it must be deemed comparable, consistent and compatible with the already approved, permitted uses. The applicant's request letter and staff's Executive Summary to the Board of County Commissioners (BOCC) assert the tests of comparability, consistency, and compatibility are evaluated relative to the entire CPUD. (See Attachment 4 for the staff's Executive Summary and the approving Resolution 12-120.) While the general permitted uses identified in Section 2.21 of the CPUD refer to permitted uses throughout the Creekside Commerce Park CPUD, the uses identified as permitted under Section 4.3.A are specific to the Business District, and the tests for comparability, consistency, and compatibly are specific to the Business District. Therefore, the corresponding analyses must be based Determination of Use Assessment: Tire Store with Minor Automotive Repairs within Creekside Commerce Park CPUD Business District Johnson Engineering,Inc. 1/4/13 Page 2 6c , , solely upon uses allowed in the Business District, not the entire CPUD. The proposed use must be: • comparable in nature to other uses that are listed as permitted (within the District) • otherwise clearly consistent with the intent and purpose statement of the District • determined to be compatible in the District. This Determination of Use Assessment Report involved a review of the applicant's request, staffs Executive Summary, and provisions of the CPUD, Land Development Code, and statutory notice requirements. The following pages provide an outline of findings concluding that the Tire Store with Minor Automotive Repairs cannot be deemed comparable in nature to other uses in the Business District due to the nature of the permitted convenience store and gasoline filling station (limited to only one permitted), and cannot be deemed consistent with the Business District's intent, and that the compatibility of the Tire Store with Minor Automotive Repairs has not been demonstrated within the Business District where it is proposed along Immokalee Road. These findings are outlined on the following pages, and are followed by an explanation of statutory public notice requirements for changes in the actual list of permitted, conditional, or prohibited uses within a zoning category. 1. Comparability Test: "Convenience Store and Gasoline Filling Station only one allowed"not comparable to Tire Store with Minor Automotive Repairs The Tire Store with Minor Automotive Repairs was represented by the applicant in his request letter dated May 9, 2012 as comparable to the permitted use of"Convenience Store and Gasoline Services Station" (SIC 5411 and 5541), however the permitted use listed in the CPUD Section 4.3.A.4 is not Gasoline Service Station, as stated by the applicant; it is stated differently and is more limited according to the listed use of "Convenience Store and Gasoline Filling Station only one (1) allowed." (Emphasis added by italics.) Gasoline Service Station is a SIC Group that includes various activities, that range from more intense uses, such as service stations, gasoline-retail, truck stops-retail and automobile service stations-retail, to less intense uses such as filling stations. Gasoline I The applicant's letter describes"Gasoline Service Station,"however the permitted use is listed in CPUD Section 4.3.A.4 as"Gasoline Filling Station." (Emphasis added by italics.)This document will refer to the Gasoline Filling Station use,as listed in the CPUD. Determination of Use Assessment: Tire Store with Minor Automotive Repairs within Creekside Commerce Park CPUD Business District Johnson Engineering,Inc. 1/4/13 Page 3 Filling Station is a less intense activity included within the SIC Group of Gasoline Service Station, and is listed as "Filling station, gasoline-retail." See Attachment 5 for the full text of the Gasoline Service Station (5541) description, which specifically states: Gasoline stations combined with other activities, such as grocery stores, convenience stores, or carwashes, are classified according to the primary activity. The listing of the permitted use as "Convenience Store and Gasoline Filling Station only one (1) allowed" within the CPUD is specific to the use of convenience store and associated gasoline filling station, and is specific to limit only one such use within the Business District. Staffs Executive Summary acknowledges the difference between Gasoline Service Station as a Group, and Gasoline Filling Station as an activity within the Group. Staff determines the wording is vague and unclear as to whether the Gasoline Filling Station wording was limiting to filling stations, or intended to allow for all Gasoline Service Station activities which can include more intense activities identified as service stations, gasoline-retail, truck stops-retail, and automobile service stations-retail. The use of the wording Gasoline Filling Station in the CPUD was not vague; it directly relates to the SIC activity of"Filling station, gasoline-retail," listed under the Gasoline Service Station Group. The fact the CPUD further restricts the use to only one Convenience Store and Gasoline Filling Station speaks to the intent to limit the use, which indicates the use is considered in its specific sense, not to be broadly interpreted. This indicates the intent was to limit intensity of use, and limit the District to only one such less intense facility. The Tire Store with Minor Automotive Repairs contemplates and allows the more intense repair-related uses that are associated with and allowed in the broader Gasoline Service Station Group, but are not associated or permitted with a Convenience Store and Gasoline Filling Station. The single Convenience Store and Filling Station permitted by right to be located within Creekside Commerce Park CPUD Business District does not include or allow automotive repair services. Thus, the proposed Tire Store with Minor Automotive Repairs is not a use that is comparable to the permitted Convenience Store Determination of Use Assessment: Tire Store with Minor Automotive Repairs within Creekside Commerce Park CPUD Business District Johnson Engineering, Inc. 1/4/13 Page 4 6c1 and Gasoline Filling Station, nor is it comparable to the less intense retail and office uses within the Business District. 2.Inconsistency with the intent and purpose of the District The applicant asserts and staff finds that the Tire Store with Minor Automotive Repairs is compatible with other uses permitted in the CPUD, noting that the tire store is less intense than many of the manufacturing and light industrial land uses permitted within the CPUD. However, as noted above, the CPUD is divided into two Districts, a +19.1-acre Business District, which is specifically located adjacent to Immokalee Road, and a +41.6-acre Industrial/Commerce District that is positioned internal to the site and along Goodlette-Frank Road. The CPUD's Business District is intended for office and retail uses, and specifies a list of such uses and their development standards. The CPUD's Industrial/Commerce District is intended for more intense industrial/commerce uses, with an associated specific list of uses and more demanding development standards. The compatibility test required to be analyzed for the proposed use is not with all other uses allowed throughout the CPUD, such as the more intense Industrial/Commerce District uses. Instead, the required test per the provision of CPUD Section 4.3.A, is for the proposed Tire Store with Minor Automotive Repairs to be demonstrated as compatible with the other uses in the Business District, which is characterized to be a retail and office district. While the proposed use was considered to be compatible with other uses within the Industrial/Commerce District, it was not demonstrated to be compatible and consistent in the proposed location of the Business District, which is intended for less intense, retail and office uses along Immokalee Road. Given the location of the subject site in the Urban Mixed Use District-Urban Residential Subdistrict per the Future Land Use Element, the retail and office character of development described in the CPUD for the Business District, the limitation provided for only one convenience store and gas filling station, and the provisions of LDC Section 5.05.05 to require separation between automobile service station uses (described in more detail under Item #4 below), the Tire Store with Minor Automotive Repairs is not compatible or consistent with the conditions,purpose and intent of the Business District. 3.Definition of"Compatibility"and the Limitation of only one such use Determination of Use Assessment: Tire Store with Minor Automotive Repairs within Creekside Commerce Park CPUD Business District Johnson Engineering, Inc. 1/4/13 Page 5 The applicant has asserted that Tire Store with Minor Automotive Repairs (SIC 5531) and Gasoline Service Station (SIC 5541) are both permitted uses in the C-3, Intermediate Commercial, conventional zoning district, and argues therefore, that the two uses are compatible with each other. Florida Statutes, Section 163.3164, Community Planning Act; definitions, in sub-section (9), and Collier County's Land Development Code ("LDC") Section 1.08.02, define "compatibility" as: a condition in which land uses or conditions can coexist in relative proximity to each other in a stable fashion over time such that no use or condition is unduly negatively impacted directly or indirectly by another use or condition. By virtue of approving the Tire Store with Minor Automotive Repairs as a compatible use to the permitted Gasoline Filling Station, the County's determination violates the CPUD. This is because, as noted above, the CPUD has expressly stated that only one "Gasoline Filling Station" is allowed (Section 4.3.A.4) in the Business District. The Tire Store with Minor Automotive Repairs was asserted and approved by staff and affirmed by the BZA to be similar to the services that commonly occur at a full service gasoline service station. Under the definition of "compatibility," the Tire Store with Minor Automotive Repairs has been deemed capable of coexisting in relative proximity to an already existing, neighboring Gasoline Filling Station, and if constructed would violate the limiting condition that only one of such uses is allowed in the Business District. The determination of use must also consider that the LDC regulates automobile service stations in the interest of protecting the health, safety and general welfare of the public, to ensure they do not adversely impact surrounding uses, especially residential uses. The approval of a Tire Store with Minor Automotive Repairs on the finding that such use is comparable and compatible with an adjoining automobile service station contradicts the intent of those LDC regulations, which should have been considered as part of a more thorough review of the impacts of the proposed automotive repair activity on the surrounding residential uses. This point is discussed in detail immediately below. 4. Compatibility of the uses within C-3 vs. Incompatibility within C-2 conventional zoning districts Determination of Use Assessment: Tire Store with Minor Automotive Repairs within Creekside Commerce Park CPUD Business District Johnson Engineering, Inc. 1/4/13 Page 6 6c The staffs compatibility determination affirmed by the BZA was based in part on finding that both auto and home supply stores (5531) and gasoline service stations (5541) are allowed by right in the C-3, Intermediate Commercial conventional zoning district, which is argued as reason to allow them in the CPUD as well. This analysis and finding did not take into account that the C-3 district is not representative of the project location and CPUD's location. Nor did it take into account the specifically required development restrictions that are applied to these uses when developed within the C-3 district to ensure these uses do not adversely impact adjacent land uses, especially residential land uses such as those that exist in the neighborhood of the subject site. The C-3 zoning district is described in LDC Section 2.03.03.0 (provided as Attachment 6) as preferably located at the intersection of two arterial-level streets, which is a locational standard met by most activity centers according to the description of the zoning district. Activity centers are set forth in the Future Land Use Element of the Growth Management Plan, and the subject site is not within an activity center. The subject site is within the Urban Mixed Use District-Urban Residential Subdistrict per the Future Land Use Element, and more appropriately suited for uses associated with the C- 2, Commercial Convenience, conventional zoning district, which does allow Gasoline Services Stations (SIC 5541, subject to further development standards of LDC Section 5.05.05) but does not allow auto and home supply stores (SIC 5531). See Attachment 7 for LDC Section 2.03.03.B, C-2 Zoning District, and Attachment 8 for LDC Section 5.05.05, Automobile Service Stations. Although auto and home supply stores are allowed within the more intense commercial C-3 zoning district, the district limits such uses to 5,000 square feet or less of gross floor area in the principal structure. This limitation was not contemplated in the determination of use for the proposed Tire Store with Minor Automotive Repair, or incorporated in the Zoning Verification Letter or BZA-approved determination for Creekside Commerce Park CPUD. Gasoline services stations, although permitted in the C-3 zoning district, are subject to LDC Section 5.05.05, which restricts location of automobile service station uses to a minimum separation of 500 feet (based on distance between nearest points). To the contrary of this LDC separation requirement, the Tire Store with Minor Automotive Repair use (determined to be compatible with and comparable to the already developed gasoline filling station use within the CPUD's Business District) was specifically allowed Determination of Use Assessment: Tire Store with Minor Automotive Repairs within Creekside Commerce Park CPUD Business District Johnson Engineering, Inc. 1/4/13 Page 7 te c on Parcel ID number 29331190725, which is immediately adjacent to the one existing convenience store with gasoline filling station, providing no separation. Therefore, the approval of use as comparable and compatible with the filling station contradicts the LDC provision intending to separate such uses, and it violates the regulation within the CPUD that limits the development of only one such use in the Business District. Had a thorough review of the appropriateness of the Tire Store with Minor Automotive Repairs use been conducted, the proposed use would have been deemed unlawful and inappropriate given the project's locational characteristics within the less intense Business District area that is most similar to the C-2, Commercial Convenience District, and it should have been deemed inappropriate to be located adjacent to a gasoline station when considering the LDC separation requirements for automobile service stations outlined in Section 5.05.05 of the Land Development Code, as well as the CPUD's restriction of only one such use in the Business District. 5. Public notice requirement deficiencies -by Patrick White, Porter Wright The "Legal Considerations" noted in the Executive Summary, Item 17 C., for the BOCC's June 26th meeting, states the preference of the County Attorney's Office for the determination to have been made through an application for an Official Interpretation as contemplated by the LDC. Similar prior actions of the BOCC have identified an Official Interpretation as the process for clarifying or adding uses to a PUD.2 An alternative process was sanctioned for this case as outlined in the Executive Summary. Here, the "administrative approval" was allowed to be made by means of a staff determination to verify zoning, i.e., a Zoning Verification Letter ("ZVL"), which was requested by the County Attorney's Office to be affirmed by the BOCC sitting as the Board of Zoning Appeals ("BZA"). The apparent purpose of this action by the BZA was not so much to approve the staffs ZVL determination itself, as to approve the "procedural variance" arising from the applicant and the staff failing to utilize the Official Interpretation process. Not only is that process "preferred," it is set forth in the LDC as the means to determine if a particular use is compatible, consistent, and comparable to those already allowed in a PUD. This assures that the type of adequate analysis that was not made in this case by 2 See,Gulf Coast American Blinds'exactly similar prior request establishing that an Official Interpretation was the proper procedural means to request an additional use in a PUD. Determination of Use Assessment: Tire Store with Minor Automotive Repairs within Creekside Commerce Park CPUD Business District Johnson Engineering, Inc. 1/4/13 Page 8 6C t staff is actually performed through the issuance of a detailed written analysis and conclusion. By comparison, a ZVL is intended as a procedural mechanism for staff to "verify" that a specific use or set of uses is allowed in a particular zoning district, including a PUD, by reviewing the County's records of what has been approved. A detailed comparative analysis is not contemplated, as is evident from a comparison of the respective fees charged by the County for these administrative services.3 Perhaps even more important as a safeguard in this case is that proper procedural due process is also afforded to the neighboring property owners by the Official Interpretation's notification requirements. By simply publishing a general notice the neighboring property owners were not notified, which circumvented their constitutional opportunity to be put on notice of such a use being developed, and denied them the opportunity to be heard by their elected officials. Proper notice of changing uses on land is required to comply with Section 125.66, Florida Statutes. Specifically, Florida Statutes Section 125.66(4)(b) sets out the minimum notice requirements for cases in which the zoning ordinance or resolution changes the actual list of permitted, conditional, or prohibited uses within a zoning category, or changes the actual zoning map designation of a parcel or parcels of land involving 10 contiguous acres or more. For such cases, the BOCC must provide for published notice of two public hearings on the proposed ordinance or resolution. The public hearings must be advertised in a newspaper of general circulation in the county, and the advertisement shall not be placed in that portion of the newspaper where legal notices and classified advertisements appear. In lieu of publishing these advertisements, the BOCC could have mailed an individual notice to each person owning real property within the area covered by the ordinance or resolution. That notice must clearly explain the proposed ordinance or resolution and shall notify the person of the time, place, and location of both public hearings on the proposed use change. The County's actions seem to be based upon the conclusion that there was no change to the actual list of permitted uses of the CPUD in the Business District because the Tire Store with Minor Automotive Repairs use was being found to meet the provisions of Section 4.3.A.14 of the CPUD, and as such wasn't a "new" use. And if that was the case, then perhaps the two public hearings and other statutory notice requirements would not 3 ZVL fee is approximately$100,Official Interpretation is a minimum of$1,500,plus advertising fees to provide published notice. Determination of Use Assessment: Tire Store with Minor Automotive Repairs within Creekside Commerce Park CPUD Business District Johnson Engineering,Inc. 1/4/13 Page 9 tie '' apply. This conclusion flies in the face of logic and common sense, however, because by its very application the landowner applicant is seeking to add another previously unstated use to the list of approved uses. This is true regardless of the means by which staff or the County Attorney believed most appropriate to reach the conclusion about how to review and approve the request. Although it appears that the County sought to follow Florida Statutes Section 125.66(2), setting forth the statutory requirement for ordinances or resolutions, initiated by other than the county, that change the actual zoning map designation of a parcel or parcels of land, which only requires a newspaper advertisement at least ten days prior to the BOCC meeting, there has been no change to the zoning atlas map designation, i.e., CPUD, sought by anyone. In fact, the zoning designation, CPUD, remains unchanged. Thus, this was not the proper means of providing the required statutory notice, and thus, the neighboring property owners have been denied procedural due process. Because the process used, regardless of the violations described above, must consider the proposed use that resulted from the BZA's approval to be an additionally specified use, that "new" use changes the actual list of uses within the CPUD zoning category. As a result, the statutory process to be followed requires advertising for two public hearings complying with Florida Statutes Section 125.66(4)(b), as outlined above, which did not occur in this case. The failure to follow the state statutory notice requirements renders the BZA's actions on June 26, 2012, null and void ab initio. Nuemont v. Florida, 451 F.3d 1284. Determination of Use Assessment: Tire Store with Minor Automotive Repairs within Creekside Commerce Park CPUD Business District Johnson Engineering,Inc. 1/4/13 Page 10 ATTACHMENT 1 PRE-APPLICATION MEETING INFORMATION FOR FIRESTONE REPAIR CENTER APPLICANT'S REQUEST LETTER FOR ADMINISTRATIVE DETERMINATION al f " i Wit. GMD Public Port Sign in/Register portal Home Prooertv Search PIPlanning Project Application Status — Summary Planning Project Application Number: PL20120000946 Project Name: Firestone Repair Center Links Application Types: Pre-Application Meeting(Status:Complete) Home Application Status: Open Property Search Property Owner's Full Name: CREEKSIDE WEST INC Description of Work: Pre-App:Site Development Plan Project Description: Proposed Firestone Repair Center in Crekside Commerce Park-possible zoning action required as well(2006 PUD doesn't appear to support this use)Location: Parcel Number: 29331190725 1171 CREEKSIDE PKWY Naples FL Full Name:Jay Matey,P.E.Email:Jay@avaloneng.com Locations: 29331190725 Address 1171 Creekside PKWY Project Status Date: 04/18/2012 Growth Management Division-Planning — Fees and Regulation 2800 N. Horseshoe Drive All Fees: $500.00-Pre-application Meeting Naples,FL 34104 $75.00-Fire Code Review-PREP Outstanding Fee Balance: $0.00 Phone. (239)252-2400 — Reviews There are no reviews for this planning project application. — Submittals There are no submittals for this planning project application. — Documents Name PL Payment Slio pre-a0P notes — Meeting Requests CityView Portal powered by MS Govern /14 GradyMinor Civil Engineers • Land Surveyors • Planners • Landscape Architects May 9,2012 Mr.Nick Casalanguida,Administrator Collier County Growth Management Division 2800 North Horseshoe Drive Naples,Fl 34104 Re: Creekside Commerce Park Administrative Determination on Permitted Uses Dear Mr. Casalanguida: Several months ago you met with Rich Yovanovich and me to discuss the potential of a tire store with minor automotive repairs locating in the Business District area of the Creekside Commerce Park PUD. As you are aware,the Creekside Commerce Park PUD permits a wide variety of light industrial, office, professional services, and retail businesses uses. Creekside Commerce Park is a master planned business park, which was developed to provide for light industrial and business uses within a planned business park setting. Permitted uses within the PUD are referenced by a Standard Industrial Classification (SIC); however, the specific SIC for a tire store with minor automotive repairs is not listed as a permitted use in the Creekside Commerce Park PUD. Section 4.3.A.14 of the PUD authorizes the Growth Management Administrator to permit uses not specifically listed as a permitted use in the PUD if the use is comparable with other uses permitted in the PUD, is consistent with the intent of the PUD, and it is deemed to be a compatible land use within the PUD. We believe that the proposed use is comparable, compatible and consistent with the Creekside Commerce Park PUD and can be administratively approved by you. A tire store with minor automotive repairs is identified as SIC 5531 under the general use category of auto and home supply stores. This use group permits automotive tire dealers, vehicle accessory and parts dealers and auto air conditioning sales and installation. The proposed tire store would sell and install automotive vehicle tires and perform other minor automotive repair services. The use is comparable to other permitted uses in the PUD. For example, the PUD permits convenience store and gasoline service station uses,which are identified as SIC 5411 and 5541 respectively and permit fuels sales and auto repair. SIC 5541 provides: Gasoline service stations primarily engaged in selling gasoline and lubricating oils. These establishments frequently sell other merchandise, such as tire, batteries and other automobile parts,or perform minor repair work. Q. Grady Minor&Associates, P.A. Ph. 239-947-1144 • Fx: 239-947-0375 3800 Via Del Rey EB 0005151 • LB 0005151 • LC 26000266 Bonita Springs, FL 34134 www.gradyminor.com Mr.Nick Casalanguida,Administrator Re: Creekside Commerce Park Administrative Determination on Permitted Uses May 9,2012 Page 2 The proposed tire store with minor automobile repairs use is comparable to the gasoline service station use permitted in that tire stores provide for tire installation and other minor automotive repair, similar to the services that commonly occur at a full service gasoline service station. A tire store with minor automobile repairs is distinguished from other more intensive auto repair SIC designations such as tire retreading and repair,which are identified under SIC group 7534. Group 7534 specifically would permit recapping, retreading and vulcanizing tires. Use group 5531, Auto and Home Supply and Gasoline Service Stations (5541) are permitted uses in the C-3, Intermediate Commercial zoning district. Uses such as tire retreading are permitted in the C-5,Heavy Commercial zoning district. The proposed tire store use with minor automobile repairs is also compatible with other uses permitted in the Creekside PUD. The tire store use is less intense that many of the manufacturing and light industrial land uses permitted within the PUD, and the tire store use has been previously determined to be compatible with other C-3 zoning district uses by their inclusion in this conventional zoning district. The proposed use will be subject to the County's architectural and site design guidelines, and landscape buffer standards, which will further insure compatibility of the proposed use with the other uses found in the PUD. It is my opinion that the proposed use meets the criteria established in Section 4.3.A.14 of the PUD and the use can be administratively authorized by you. I have attached a copy of the Creekside Commerce Park PUD and applicable SIC descriptions for your reference. If you require any additional information or wish to meet to discuss,please contact either Rich Yovanovich at 435-3535 or me. Sincerely, e D. Wayne Arnold,AICP Director of Planning Attachments cc: David K. Borden Richard D. Yovanovich a, c Standard Industrial Classification(SIC) 5531 Auto and Home Supply Stores Establishments primarily engaged in the retail sale of new automobile tires, batteries, and other automobile parts and accessories. Such establishments frequently sell a substantial amount of home appliances, radios, and television sets. Establishments dealing primarily in used parts are dassified in Wholesale Trade, Industry 5015. Establishments primarily engaged in both selling and installing such automotive parts as transmissions, mufflers, brake linings, and glass are dassified in Services, Industry Group 753. • Automobile accessory dealers-retail • Automobile air-conditioning equipment sale and installation-retail • Automobile parts dealers-retail • Battery dealers, automobile-retail • Speed shops-retail • Tire dealers,automotive-retail • Tire, battery, and accessory dealers-retail 5411 Grocery Stores Stores, commonly known as supermarkets,food stores, and grocery stores, primarily engaged in the retail sale of all sorts of canned foods and dry goods, such as tea, coffee, spices, sugar, and flour; fresh fruits and vegetables; and fresh and prepared meats,fish,and poultry. • Convenience food stores-retail • Food markets-retail • Frozen food and freezer plans, except meat-retail • Grocery stores,with or without fresh meat-retail • Supermarkets,grocery-retail 5541 Gasoline Service Stations Gasoline service stations primarily engaged in selling gasoline and lubricating oils.These establishments frequently sell other merchandise, such as tires, batteries,and other automobile parts,or perform minor repair work. Gasoline stations combined with other activities, such as grocery stores,convenience stores, or carwashes, are classified according to the primary activity. • Automobile service stations-retail • Filling stations, gasoline-retail • Gasoline and oil-retail • Marine service stations-retail • Service stations, gasoline-retail • Truck stops-retail r. , 6 1 7534 Tire Retreading and Repair Shops Establishments primarily engaged in repairing and retreading automotive tires. Establishments dassified here may either retread customers'tires or retread tires for sale or exchange to the user or the trade. • Rebuilding and retreading tires for the trade • Retreading tires • Tire recapping • Tire repair shops • Tire studding and restudding • Vulcanizing tires and tubes ATTACHMENT 2 CREEKSIDE COMMERCE PARK CPUD ORDINANCE 06-050 AN ORDINANCE OF THE BOARD OF COUNTY iti4C COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FOR A PROJECT KNOWN AS CREEKSIDE COMMERCE PARK FROM PUD TO COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) FOR A PROJECT TO BE KNOWN AS CREEKSIDE COMMERCE PARK CPUD LOCATED, IN SECTION 27, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 105 ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBERS 97-51 AND 06-41, THE FORMER CREEKSIDE COMMERCE PARK PUD AND CREEKSIDE COMMERCE PARK CPUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, D. Wayne Arnold of Q. Grady Minor, representing Creekside West, Inc., petitioned the Board of County Commissioners to change the zoning classification of the herein described real property, known as petition PUDA-2005-A-R-8832; f NOW, THEREFORE, BE IT ORDAINED BY the BOARD Or COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that; ✓ SECTION ONE: The zoning classification of the herein described real property located in Section 27, Township 48 South, Range 25 East, Collier County, Florida, is changed from "PUD" and/or "CPUD" to "CPUD" Commercial Planned Unit Development known as the Creekside Commerce Park CPUD in accordance with the CPUD Document, attached hereto as Exhibit "A", which is incorporated herein and by reference made part hereof. The appropriate zoning atlas map or maps, as described in Ordinance Number 04-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: Ordinance Number 97-51, known as the Creekside Commerce Park PUD, adopted on October 21, 1997, and Ordinance Number and 06-41, adopted on September 12, 2006, by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. 6C ' This Ordinance shall become effective upon approval of PUDZ-2005-AR-8833 Naples Daily News BPPUD and filing with the Florida Department of State. PASSED AND DULY ADOPTED by super-majority vote by the Board of County Commissioners of Collier County, Florida, this `/day of C C lc•(� - 2006. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERIC COLLIER COUNTY, FLORIDA LC(5SC li tc»sit., t :_-,Q,cipuity Clerk FRANK HALAS, CHAIRMAN 4.1.4,a4 Approved as to form and legal sufficiency Marjorie M. Student-Stirling Assistant County Attorney PUDA-2605-AR-8832/MJD/sp This ordinance filed with the Secretary of Stat q's,Office thc, 6C CREEKSIDE COMMERCE PARK A PLANNED UNIT DEVELOPMENT PREPARED FOR BARRON COLLIER PARTNERSHIP CREEKSIDE COMMERCE PARK b6C A PLANNED UNIT DEVELOPMENT 106±Acres Located in Section 27 • Township 48 South,Range 25 East Collier County,Florida PREPARED FOR: BARRON COLLIER PARTNERSHIP 2640 Golden Gate Parkway Naples,FL 34105 PREPARED BY: WILSON,MILLER,BARTON&PEEK,INC. 3200 Bailey Lane, Suite 200 Naples,Florida 34105 YOUNG,VAN ASSENDERP&VARNADOE,P.A. 801 Laurel Oak Drive, Suite 300 Naples,Florida 34101 AMENDED DECEMBER 2005 BY: Q.GRADY MINOR AND ASSOCIATES,P.A. 3800 Via Del Rey Bonita Spring,Florida 34134 ROETZEL AND ANDRESS,L.P.A. 850 Park Shore Drive,3'l Floor Naples,Florida 34103 Amended PUD(clean).DOC TABLE OF CONTENTS PAGE STATEMENT OF COMPLIANCE AND SHORT TITLE SECTION I LEGAL DESCRIPTION,PROPERTY OWNERSHIP,& 1-1 GENERAL DESCRIPTION SECTION II COMMERCE PARK DEVELOPMENT 2-1 2.1 Purpose 2.2 General Description Of The Park and Proposed Land Uses 2.3 Compliance With County Ordinances 2.4 Community Development District 2.5 Land Uses 2.6 Lake Siting 2.7 Fill Storage 2.8 Use Of Right-Of-Way 2.9 Sales Office and Construction Office 2.10 Changes and Amendments To PUD Document Or PUD Master Plan 2.11 Preliminary Subdivision Plat Phasing 2.12 Open Space and Native Vegetation Retention Requirements 2.13 Surface Water Management 2.14 Environmental 2.15 Utilities 2.16 Transportation 2.17 Common Area Maintenance 2.18 Design Guidelines and Standards 2.19 Landscape Buffers,Berms,Fences and Walls 2.20 Signage 2.21 General Permitted Uses SECTION III INDUSTRIAL/COMMERCE DISTRICT 3-1 SECTION IV BUSINESS DISTRICT 4-1 SECTION V PRESERVE AREA 5-1 EXHIBIT A AERIAL PHOTOGRAPH,LOCATION MAP (WMB&P File No. RZ-255A) EXHIBIT B CREEKSIDE COMMERCE PARK MASTER PLAN (WMB&P File No. RZ-255B) Amended PUD(clean).DOC 1 STATEMENT OF COMPLIANCE The purpose of this section is to express the intent of the Barron Collier Partnership, hereinafter referred to as Barron Collier or the Developer, to create a Planned Unit Development (PUD) on 106± acres of land located in Section 27, Township 48 South, Range 25 East, Collier County, Florida. The name of this Planned Unit Development shall be Creekside Commerce Park. The development of Creekside Commerce Park will be in substantial compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan. The development will be consistent with the policies and land development regulations adopted thereunder of the Growth Management Plan Future Land Use Element and other applicable regulations for the following reasons: 1. The subject property is within the Urban Mixed Use District as identified on the Future Land Use Map which allows certain industrial and commercial uses. The Urban designation also allows support medical facilities, offices, clinics, treatment, research and rehabilitative centers and pharmacies provided they are located within 1/4 mile of the property boundary of an existing or approved hospital or medical center. 2. The existing Industrial zoning is considered consistent with the Future Land Use Element (FLUE)as provided for by Policy 5.9 and 5.11 of the FLUE. 3. The FLUE Urban-Industrial District allows for expansion of the industrial land use provided the rezone is in the form of a PUD, the site is adjacent to existing land designated or zoned industrial the land use is compatible with adjacent land uses and the necessary infrastructure is provided or in place. Creekside Commerce Park has expanded the industrial land use accordingly. 4. The FLUE Urban-Industrial District requires the uses along the boundaries of the project to be transitional. Creekside Commerce Park has included transitional uses accordingly. 5. Creekside Commerce Park is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the FLUE. 6. Improvements are planned to be in substantial compliance with applicable land development regulations as set forth in Objective 3 of the FLUE. 7. The development of Creekside Commerce Park will result in an efficient and economical extension of community facilities and services as required in Policies 3.1.H and L of the FLUE. 8. Creekside Commerce Park is a master planned, deed-restricted commerce park and is planned to encourage ingenuity, innovation and imagination as set forth in the Collier County Land Development Code(LDC),Planned Unit Development District. 9. This master planned park will incorporate elements from the existing Industrial, Business Park and Industrial PUD sections of the LDC. Amended PUD(clean).DOC 11 n 1C SHORT TITLE This ordinance shall be known and cited as the "CREEKSIDE COMMERCE PARK PLANNED UNIT DEVELOPMENT ORDINANCE". Amended PUD(clean).DOC 111 h6C SECTION I LEGAL DESCRIPTION,PROPERTY OWNERSHIP,AND GENERAL DESCRIPTION 1.1 PURPOSE The purpose of this section is to set forth the legal description and ownership of Creekside Commerce Park, and to describe the existing condition of the property proposed to be developed. 1.2 LEGAL DESCRIPTION All that part of Section 27,Township 48 South,Range 25 East,Collier County,Florida being more particularly described as follows; COMMENCING at the northwest corner of said Section 27; thence along the north line of said Section 27 South 89°45'21"East 1869.61 feet; thence leaving said line South 00°14'39"West 125.00 feet to a point on the south right of way line of Immokalee Road(S.R.846)and the POINT OF BEGINNING of the parcel herein described; thence along said right of way line in the following Six(6)described courses; 1)South 89°45'21"East 485.99 feet; 2)South 00°14'39"West 10.00 feet; 3)South 89°45'21"East 150.19 feet; 4)South 89°48'33"East 716.81 feet; 5)North 05°34'33"West 10.05 feet; 6)South 89°48'33"East 486.21 feet to a point on the west right of way line of Goodlette Road as recorded in Plat Book 3,page 58,Public Records of Collier County,Florida; thence along said line South 05°33'48"East 1767.02 feet; thence leaving said line South 89°20'53"West 51.18 feet; thence North 23°55'53"West 13.07 feet; thence northwesterly,30.71 feet along the arc of a circular curve concave to the northeast,having a radius of 80.00 feet,through a central angle of 21°59'52"and being subtended by a chord which bears North 12°55'57"West 30.53 feet; thence North 05°00'53"West 31.56 feet; thence North 36°19'20"West 32.02 feet; thence North 56°04'35"West 35.11 feet; thence North 80°39'15"West 32.53 feet; thence North 88°39'12"West 97.78 feet; thence North 86°04'40"West 45.79 feet; thence North 89°49'48"West 132.77 feet; thence North 69°40'10"West 37.23 feet; thence South 89°20'53"West 142.47 feet; thence South 84°59'26"West 24.66 feet; thence South 74°56'50"West 121.32 feet; thence South 79°49'59"West 45.93 feet; thence westerly and northwesterly,45.51 feet along the arc of a circular curve concave to the northeast, having a radius of 66.00 feet,through a central angle of 39°30'16"and being subtended by a chord which bears North 80°24'53"West 44.61 feet to a point of compound curvature; thence northwesterly,52.92 feet along the arc of a circular curve concave to the southwest,having a radius of 150.00 feet,through a central angle of 20°12'57"and being subtended by a chord which bears North 70°46'13"West 52.65 feet; thence North 80°52'42"West 36.59 feet; Amended PUD(clean).DOC 1-1 8/22!2006 thence westerly and southwesterly,46.18 feet along the arc of a circular curve concave to the southeast, having a radius of 80.00 feet,through a central angle of 33°04'14"and being subtended by a chord which bears South 82°35'11"West 45.54 feet to a point of compound curvature; thence southwesterly and westerly,38.16 feet along the arc of a circular curve concave to the northwest, having a radius of 60.00 feet,through a central angle of 36°26'19"and being subtended by a chord which bears South 84°16'14"West 37.52 feet to a point of compound curvature; thence westerly and northwesterly,68.85 feet along the arc of a circular curve concave to the southwest, having a radius of 305.00 feet,through a central angle of 12°55'59"and being subtended by a chord which bears North 83°58'36"West 68.70 feet; thence South 89°33'25"West 18.36 feet; thence South 89°39'19"West 71.63 feet; thence North 89°34'56"West 36.03 feet; thence South 86°06'41"West 42.94 feet; thence South 83°44'16"West 26.23 feet; thence South 51°01'13"West 27.49 feet; thence South 33°25'50"West 19.95 feet; thence South 15°40'05"West 20.54 feet; thence South 10°54'39"West 34.64 feet; thence South 89°20'14"West 101.06 feet; thence North 10°46'06"East 101.42 feet; thence North 89°20'53"East 65.45 feet; thence North 00°39'07"West 100.64 feet; thence South 89°20'53"West 503.78 feet; thence North 00°39'07"West 27.71 feet; thence North 72°58'55"West 131.30 feet; thence North 02°08'56"West 1473.29 feet to a point on the south right of way line of said lmmokalee Road(S.R. 846)and the POINT OF BEGINNING of the parcel herein described; Containing 69.48 acres more or less; Subject to easements and restrictions of record. Bearings are assumed and based on the north line of said Section 27 being South 89°49'40"East. All that part of Section 27,Township 48 South,Range 25 East,Collier County,Florida being more particularly described as follows; Commencing at the northeast corner of said Section 27; thence along the east line of said Section 27,South 01°09'43"East 125.00 feet to a point on the south right of way line of Imrnokalee Road(S.R.846)and the POINT OF BEGINNING of the parcel herein described; thence continue along said east line South 01°09'43"East 1189.62 feet; thence leaving said line South 89°48'50"West 677.35 feet; thence South 05°35'39"East 886.02 feet; thence South 89°48'50"West 400.00 feet to a point on the easterly right of way line of Goodlette Frank Road as Recorded in Plat Book 13,page 58,Public records of Collier County,Florida; thence along said line North 05°35'39"West 2088.10 feet to a point of the south right of way line of said Immokalee Road(S.R.846); thence along said line South 89°49'40"East 1168.55 feet; thence continue along said line South 89°12'58"East 1.85 feet to the POINT OF BEGINNING of the parcel herein described; Containing 38.9 acres more or less; Subject to easements and restrictions of record. Bearings are assumed and based on the north line of said Section 27 being South 89°46'26"East. Amended PUD(clean).DOC 1-2 8/22/2006 6C LESS A PORTION OF TRACTS"R"AND"LI"CREEKSIDE COMMERCE PARK WEST-UNIT ONE AS RECORDED IN PLAT BOOK 29 AT PAGES 57 THROUGH 58 OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA,BEING MORE PARTICULARY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHWESTERLYMOST CORNER OF TRACT"R"(CREEKSIDE WAY) CREEKSIDE COMMERCE PARK WEST-UNIT ONE AS RECORDED IN PLAT BOOK 29 AT PAGES 57 THROUGH 58 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN SOUTH 89°45'00" EAST,ALONG THE SOUTH RIGHT-OF-WAY OF IMMOKALEE ROAD FOR A DISTANCE OF 249.45 FEET; THENCE RUN SOUTH 00°25'51" WEST FOR A DISTANCE OF 107.22 FEET; THENCE RUN SOUTH 60°02'56" EAST FOR A DISTANCE OF 117.20 FEET; THENCE RUN SOUTH 82°32'14" EAST FOR A DISTANCE OF 119.17 FEET TO A POINT ON THE EAST LINE OF TRACT "L1" OF SAID CREEKSIDE COMMERCE PARK WEST-UNIT ONE, ALSO BEING THE WES LINE OF LOT 3 OF SAID CREEKSIDE COMMERCE PARK WEST-UNIT ONE; THENCE RUN SOUTH 00°07'39" EAST, ALONG SAID EAST LINE FOR A DISTANCE OF 111.93 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY OF SAID TRACT "R"; THENCE RUN NORTH 89°58'01" WEST, ALONG SAID NORTH RIGHT-OF-WAY FOR A DISTANCE OF 456.64 FEET TO A POINT ON THE WEST RIGHT-OF-WAY OF SAID TRACT "R"; THENCE RUN NORTH 02°19'57" WEST, ALONG SAID WEST RIGHT-OF-WAY FOR A DISTANCE OF 294.20 FEET TO THE POINT OF BEGINNING; CONTAINING 2.32 ACRES,MORE OR LESS. 1.3 PROPERTY OWNERSHIP The subject property is currently under the equitable ownership or control of Barron Collier Partnership,or its assigns,whose address is 2640 Golden Gate Parkway,Naples,FL 34105. 1.4 GENERAL DESCRIPTION OF PROPERTY A. The project site is located in Section 27, Township 48 South, Range 25 East, and is generally bordered on the west by Agriculturally zoned and developed property; on the north, across Immokalee Road by office and medical (North Collier Hospital) PUD zoned and developed property; on the east by Medical Office Park currently under development,County Park and County Wastewater Treatment Facility;and on the south by PUD and County Wastewater Treatment Facility. The location of the site is shown on Exhibit A Aerial Photograph,Location Map. B. The zoning classification of the subject property at the time of PUD application is I (Industrial)and A(Agricultural). C. Elevations within the site are approximately 7.5 to 9 feet-NGVD. Per FEMA Firm Map Panels No. 1200670193D, dated June 3, 1986, the Creekside Commerce Park property is located within Zones "AE-11" of the FEMA flood insurance rate. Topographic mapping is shown on Exhibit G. Amended PUD(clean).DOC 1-3 8/22/2006 Ilk 6 C D. The soil types on the site generally include Riviera limestone substratum, Copeland fine sand, Pineda fine sand, Immokalee fine sand, Myakka fine sand, Basinger fine sand,Riveria fine sand,Ft.Drum and Malabar fine sand,and Satellite fine sand. Soil Conservation Service mapping of soil types is shown on Exhibit D. E. Prior to development, vegetation on the site primarily consists of active croplands and small amounts of pine flatwoods. An isolated wetland system is located along the south side of Immokalee Road west of Goodlette-Frank Road. This wetland consists primarily of Brazilian pepper that surrounds a small willow area. The wetland on the east side of Goodlette-Frank Road consists primarily of cabbage palms. A portion of the historic water course within this wetland has been channelized. Brazilian pepper has infested the northern part of this wetland. A detailed vegetation mapping is shown on Exhibit C. F. The project site is located within the Pine Ridge Canal and West Branch Cocohatchee River sub-basins, as depicted within the Collier County Drainage Atlas (July, 1995). The Conceptual Stormwater Management Master Plan is shown on Exhibit H. 1.5 DEVELOPMENT OF REGIONAL IMPACT Creekside Commerce Park does not meet the minimum thresholds for a Development of Regional Impact(DRI),pursuant to Chapter 380.06, Florida Statutes, 1997,in that it is at or below 80%of all numerical thresholds in the guidelines and standards set forth therein. Amended PUD(clean).DOC 1-4 8/22/2006 1. 6c SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE The purpose of this Section is to generally describe the plan of development for Creekside Commerce Park (park), and to identify relationships to applicable County ordinances, policies, and procedures. 2.2 GENERAL DESCRIPTION OF THE PARK AND PROPOSED LAND USES A. Creekside Commerce Park will consist of predominately industrial, warehouse, wholesale, financial institutions, business and office uses, with limited amounts of retail uses. Creekside Commerce Park shall establish project-wide guidelines and standards to ensure a high and consistent level of quality for proposed features and facilities. B. The Master Plan is illustrated graphically on Exhibit B (WMB&P, Inc. File No. RZ- 225B). A Land Use Summary indicating approximate land use acreages is shown on the plan. The location, size, and configuration of individual tracts shall be determined at the time of Preliminary Subdivision Plat approval with minor adjustments at the time of Final Plat approval, in accordance with Section 3.2.7.2. of the Collier County Land Development Code(LDC). 23 COMPLIANCE WITH COUNTY ORDINANCES A. Regulations for development of Creekside Commerce Park shall be in accordance with the contents of this PUD Ordinance, and to the extent they are not inconsistent with this PUD Ordinance, applicable sections of the LDC and Collier County Growth Management Plan which are in effect at the time of issuance of any development order. Where this PUD Ordinance does not provide developmental standards, then the provisions of the specific section of the LDC that is otherwise applicable shall apply to which said regulations relate. B. Unless otherwise defined herein, or as necessarily implied by context,the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of development order application. C. Development permitted by the approval of this PUD will be subject to the Adequate Public Facilities Ordinance,Division 3.15 of the LDC. D. All conditions imposed herein or as represented on the Creekside Commerce Park Master Plan are part of the regulations which govern the manner in which the land may be developed. Amended PUD(clean).DOC 2-1 8/22/2006 I 4 E. The Site Development Plans Division of the LDC (Article 3, Division 3.3) shall apply to Creekside Commerce Park,except where an exemption is set forth herein or otherwise granted pursuant to LDC Section 3.3.4. F. The Developer shall submit to the County an annual PUD monitoring report in accordance with LDC Section 2.7.3.6. 2.4 COMMUNITY DEVELOPMENT DISTRICT A. The Developer may elect to establish a Community Development District (CDD) pursuant to Chapter 190, Florida Statutes, 1997, to provide and maintain infrastructure and community facilities needed to serve the park. A CDD would constitute a timely, efficient, effective, responsive and economic way to ensure the provision of facilities and infrastructure for the proposed development. Such infrastructure as may be constructed, managed and financed by the CDD shall be subject to, and shall not be inconsistent with, the Collier County Growth Management Plan and all applicable ordinances dealing with planning and permitting of Creekside Commerce Park. B. The land area is amenable to infrastructure provision by a district that has the powers set forth in the charter of a Community Development District under Section 190.006 through 190.041, Florida Statutes. Such a district is a legitimate alternative available both to the County and to the landowner for the timely and sustained provision of quality infrastructure under the terms and conditions of County development approval. 2.5 LAND USES A. The location of land uses are shown on the PUD Master Plan, Exhibit B. Changes and variations in building tracts, location and acreage of these uses shall be permitted at preliminary subdivision plat approval,preliminary site development plan approval and final site development plan approval to accommodate utilities, topography, vegetation,and other site and market conditions, subject to the provisions of Section 2.7.3.5. of the Collier County LDC. The specific location and size of individual tracts and the assignment of square footage or units shall be determined at the time of site development plan approval. B. Roads and other infrastructure may be either public, private or a combination of public and private, depending on location, design and purpose. The request for a road to be public shall be made by the Developer at the time of final subdivision plat approval. The Developer or its assignees shall be responsible for maintaining the roads, streets, drainage, common areas, water and sewer improvements where such systems are not dedicated to the County. Standards for roads shall be in compliance with the applicable provisions of the County Code regulating subdivisions, unless otherwise approved during subdivision approval. The Developer reserves the right Amended PUD(clean).DOC 2-2 8/22/2006 6C to request substitutions to Code design standards in accordance with Section 3.2.7.2. of the LDC. 2.6 LAKE SITING A. As depicted on the PUD Master Plan, lakes have been preliminary sited. The goal of this Master Plan is to achieve and overall aesthetic character for the park, to permit optimum use of the land, and to increase the efficiency of the water management network. Fill material from lakes is planned to be utilized within the park; however, excess fill material may be utilized off-site. The volume of material to be removed shall be limited to ten percent of the calculated excavation volume to a maximum of 20,000 cubic yards. If the applicant wishes to take more off-site, a commercial excavation permit will be required. Final lake area determination shall be in accordance with the South Florida Water Management District stormwater criteria and Section 3.5.7. of the LDC. 1. Setbacks: Excavations shall be located so that the control elevation shall adhere to the following minimum setback requirements, subject to approval of County staff at time of final construction plan approval: a) Twenty feet (20') from right-of-way of internal roads. The roads will be designed to (AASHTO) road standards and shall incorporate such factors as road alignment, travel speed, bank slope,road cross sections,and need for barriers. b) Forty feet (40') from Immokalee Road or Goodlette-Frank Road rights-of-way. Perimeter property lines will have a setback of twenty feet (20'). The roads will be designed to (AASHTO) road standards and shall incorporate such factors as road alignment, travel speed, bank slope,road cross sections and need for barriers. 2.7 FILL STORAGE A. Fill storage is generally permitted as a principal use throughout the Creekside Commerce Park PUD. Fill material generated from properties owned or leased by the Developer may be transported and stockpiled within areas which have been disturbed. Prior to stockpiling in these locations, the Developer shall notify the Community Development and Environmental Services Administrator per Section 3.2.8.3.6. of the LDC. The following standards shall apply: 1. Stockpile maximum height: Thirty-five feet(35') 2. Fill storage areas in excess of five feet (5') in height shall be separated from developed areas by fencing,excavated water bodies or other physical barriers if the side slope of the stockpile is steeper than 4 to 1 (i.e.3 to 1). Amended PUD(clean).DOC 2-3 8/22/2006 : 6c a) Soil erosion control shall be provided in accordance with LDC Division 3.7. 2.8 USE OF RIGHTS-OF-WAY Utilization of lands within all park rights-of-way for landscaping,decorative entrance ways, and signage shall be allowed subject to review and administrative approval by the Developer and the Community Development and Environmental Services Administrator for engineering and safety considerations during the development review process. 2.9 SALES OFFICE AND CONSTRUCTION OFFICE Sales offices, construction offices,and other uses and structures related to the promotion and sale of real estate such as, but not limited to, pavilions, parking areas, and signs, shall be permitted principal uses throughout Creekside Commerce Park. These uses may be either wet or dry facilities. These uses shall be subject to the requirements of Section 2.6.33.4., Section 3.2.6.3.6. and Division 3.3 of the LDC, with the exception that the temporary use permit shall be valid through the life of the project with no extension of the temporary use required. These uses may use septic tanks or holding tanks for waste disposal subject to permitting under F.A.C. 10D-6 and may use potable water or irrigation wells. 2.10 CHANGES AND AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN A. Changes and amendments may be made to this PUD Ordinance or PUD Master Plan as provided in Section 2.7.3.5. of the LDC. Minor changes and refinements as described herein may be made by the Developer in connection with any type of development or permit application required by the LDC. B. The Community Development and Environmental Services Administrator shall be authorized to approve minor changes and refinements to the Creekside Commerce Park Master Plan upon written request of the Developer or his assignee. C. The following limitations shall apply to such requests: 1) The minor change or refinement shall be consistent with the Collier County Growth Management Plan and the Creekside Commerce Park PUD document. 2) The minor change or refinement shall not constitute a substantial change pursuant to Section 2.7.3.5.1. of the LDC. 3) The minor change or refinement shall be compatible with external adjacent land uses and shall not create detrimental impacts to abutting land uses,water management facilities,and conservation areas within or external to the PUD. D. The following shall be deemed minor changes or refinements: Amended PUD(clean).DOC 2-4 8/22/2006 6c l) Reconfiguration of lakes,ponds, canals, or other water management facilities where such changes are consistent with the criteria of the South Florida Water Management District and Collier County. 2) Internal realignment of rights-of-ways. 3) Reconfiguration of parcels per Section 5.5 of this PUD. E. Minor changes and refinements as described above shall be reviewed by appropriate Collier County staff to ensure that said changes and refinements are otherwise in compliance with all applicable County Ordinances and regulations prior to the Community Development and Environmental Services Administrator's consideration for approval. F. Approval by the Community Development and Environmental Services Administrator of a minor change or refinement may occur independently from and prior to any application for Subdivision or Site Development Plan approval,however such approval shall not constitute an authorization for development or implementation of the minor change or refinement without first obtaining all other necessary County permits and approvals. 2.11 PRELIMINARY SUBDIVISION PLAT PHASING Submission, review, and approval of Preliminary Subdivision Plats for the park may be accomplished in phases to correspond with the planned development of the property. 2.12 OPEN SPACE AND NATIVE VEGETATION RETENTION REQUIREMENTS The PUD will fully comply with all sections of the LDC and meet the requirements of the Growth Management Plan relating to open space and retention of native vegetation. Amended PUD(clean).DOC 2-5 8/22/2006 ihh.6c 4. 2.13 SURFACE WATER MANAGEMENT In accordance with the Rules of the South Florida Water Management District (SFWMD), Chapters 40E-4 and 4-E-40, this project shall be designed for a storm event of 3-day duration and 25-year return frequency. The lake originally approved as Lake L- 1, Creekside Unit I Plat, shall continue to be operated and maintained in accordance with the approved plat and approved South Florida Water Management District Permit. 2.14 ENVIRONMENTAL Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permitting (ERP) Rules, and shall further be subject to review and approval by Collier County Planning Services Department Environmental Review Staff 2.15 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 approvals are requested. 2.16 TRANSPORTATION A. The Developer shall provide appropriate left and/or right turn lanes on Immokalee Road and Goodlette-Frank Road at the main park entrances. Such turn lanes shall be in place prior to the issuance of any Certificates of Occupancy for a use that utilizes the perspective/associated entrance. B. There shall be a full access intersection at the park's southern entrance on Goodlette Frank Road. When justified by traffic warrants, this intersection shall be signalized,notwithstanding its proximity to Immokalee Road. C. Future access points to Immokalee and Goodlette-Frank Roads are those shown on the Creekside Commerce Park Master Plan. D. Arterial level street lighting shall be provided by the Developer at the park's main entrance in conjunction with the development of this entrance. E. Road impact fees shall be paid in accordance with the provisions of Ordinance 92-22, as amended. F. The Developer shall provide the appropriate easements or reserve right of way so that the southerly access road west of Goodlette Frank Road may be interconnected to the properties to the west of Creekside Commerce Park. Amended PUD(clean).DOC 2-6 8/22/2006 6C G. The Developer shall provide a fair share contribution toward the capital cost of traffic signals at any project access when deemed warranted by Collier County. The signal shall be owned, operated and maintained by Collier County. H. The Developer agrees to complete construction of the segment of internal roadway that connects Goodlette-Frank Road to the I/C parcel (herein called "southern parcel") that is west of Goodlette Road and abuts Pelican Marsh prior to the first of the following to occur: 1) The issuance of a certificate of occupancy for the"southern parcel"; 2) The issuance of a certificate of occupancy on the second business parcel to be developed west of the Pine Ridge Drainage Easement; 3) Within 3 years of approval of this PUD;or 4) Within 9 months of obtaining "grant" money or other funds for construction of such infrastructure from an outside source. I. The I/C parcels west of the Pine Ridge Drainage Easement and immediately north of the south road shall connect for service and employee access at the time that the south road is extended to a point that they may connect. J. The Developer agrees to provide the County with an update of the Transportation Impact Statement(TIS) at the time of submittal of a Preliminary Subdivision Plat or Site Development Plan. K. The Goodlette-Frank Road southernmost access to the I/C parcel east of Goodlette-Frank Road shall be limited to a right-in/right-out access. 2.17 COMMON AREA MAINTENANCE Most common area maintenance will be provided by the CDD or by a Property Owner's Association (POA). The CDD or the POA, as applicable, shall be responsible for the operation, maintenance, and management of the surface water and stormwater management systems and reserves serving Creekside Commerce Park, in accordance with any applicable permits from the South Florida Water Management District. 2.18 DESIGN GUIDELINES AND STANDARDS A. The Collier County Planned Unit Development District is intended to encourage ingenuity, innovation and imagination in the planning,design and development or redevelopment of relatively large tracts of land under unified ownership as set forth in the LDC, Section 2.2.20. Amended PUD(clean).DOC 2-7 8/22/2006 11._ C B. Creekside Commerce Park is planned as a functionally interrelated business park under unified control. The Developer will establish community-wide guidelines and standards to ensure a high level of quality for both the common areas and the individual parcel developments. C. These guidelines will serve as a control for individual parcel development, and be referred to as The Declaration of Covenants, Conditions and Restrictions for Creekside Commerce Park. The level of quality defined in this document is directed towards the creation of an attractive business environment, and these standards are the basis for evaluation of projects submitted for review to the Property Association's Architectural and Landscaping Committee, referred to as the ALC. The standards in this document will include criteria for site planning, architectural design, lighting, landscaping, and graphics and signage. D. The specific design guidelines will act as supplemental standards to the requirements of this Planned Unit Development Ordinance, and other County codes, but in no way supersede them. 1. Common Areas The master design of the park's entries and signage, streetscapes, and open space areas will form a harmonious framework that visually links the entire park together. This unified appearance will enhance the image of the entire community. Internal roadways will provide efficient vehicular circulation with streetscapes that create pleasant neighborhood environments. Streetscape plans will be designed to establish a hierarchy of landscape improvements appropriate in scale and character with the function of the street and adjacent land uses. Along these streetscapes a pedestrian walkway system will be established to link each project with the overall community. 2. Individual Projects A. Site Planning: Each individual parcel project will provide a visually appealing, articulated, identifiable path of entry for pedestrians and vehicles from the street to the site and from the site to the buildings themselves. The orientation of a building or structure upon a site will not only reflect the project's functional need, but will also be responsive to the individual parcel's characteristics and be sensitive to adjacent land uses and the surrounding community. B. Architectural standards: The objective of the architectural standards will be to promote the creation of an attractive, value-apparent business environment. Design elements throughout a project must be consistent with the nature of the chosen style and building materials selected. Project design should endeavor to adhere to the Amended PUD(clean).DOC 2-8 8/22/2006 16C classical principles of design and avoid clichés, overly complex or garish motifs,while seeking to invoke a"timeless"quality. C. Lighting: The guidelines for lighting will establish a continuity of design for all lighting in the park which is consistent with the overall visual impression of the park. D. Landscaping: The purpose of landscape design guidelines within individual projects is to guide development toward harmonious and visually pleasing landscape that is cohesive with the overall master landscape plan. The Creekside landscape concept will have a naturalistic theme. Similar to the overall project's plant palette, individual sites will be dominated with plants that are native, xeric, or naturalized within Southwest Florida. Landscape designs will create a coherent theme which emphasizes plant material as a primary unifying element. 1. Landscape elements along public R.O.W.s will be complimentary to streetscape landscaping. Parcel entries will be designed to harmonize with adjacent streetscape landscaping, and clearly accentuate, the parcel entry. 2. Individual parking lots will be screened from the roadways as much as possible, without obscuring views of the building entrances. In addition, plant materials used around main entrances of buildings will visually cue visitors to—their location. E. Graphics/signage: The guidelines serve to provide continuity of design for all signage in the park which is consistent with the overall visual impression of the park. Parcel signage serves the identification needs of the individual tenants and user. 2.19 LANDSCAPE BUFFERS,BERMS,FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted as a principal use throughout Creekside Commerce Park. Required buffer treatments shall terminate at entrances to accommodate entrance treatments and at lakes to accommodate views into the park. The following standards shall apply: A. Landscape buffers contiguous to Immokalee Road R.O.W. will be installed at the time of subdivision improvement per construction phase and will have the following characteristics: 1) Minimum width of 20'-0",measured from the R.O.W. Amended PUD(clean).DOC 2-9 8/22/2006 6c := 2) Adjacent to Business District type uses within the Business District, trees will be native, xeric, or naturalized canopy trees, spaced at 25' on center (O.C.), planted at an initial height of 13'-14' overall (O.A.) with a 6' spread. In addition, a continuous 24" high shrub hedge shall be provided within the 20' buffer. B. Landscape buffers contiguous to Goodlette-Frank Road R.O.W. will be installed at the time of subdivision improvement per development phase and will have the following characteristics: 1) Minimum width of 20'-0",measured from the R.O.W. 2) Adjacent to Business District type uses within the Business and Industrial/Commerce (I/C) Districts, trees will be native, xeric, or naturalized canopy trees, spaced at 25' O.C.,planted at an initial height of 12' O.A., with a 6' spread. At the time of individual lot improvements,hedges will be placed at parking lot edges to satisfy the requirements of LDC Section 2.4.7.4. 3) Adjacent to industrial type uses within the Industrial/Commerce District, trees will be native, xeric or naturalized canopy trees, spaced at 25' O.C.,planted at an initial height of 12' O.A, with a 6' spread. Trees will be placed on a berm, 3 feet high and supplemented with a 5 foot high hedge consisting of but not limited to the following plant material: coco plum, viburnam, ficus. The intent will be to obtain 80% opacity within one year of planting for travelers on Goodlette-Frank Road. C. Landscape buffers surrounding the perimeter of the park will be installed at the time of subdivision improvement per construction phase. The buffers are referenced on Exhibit B, and proceed in a clockwise direction from the northeast corner of the project as follows: 1) The landscape buffer along the eastern most property boundary, north of the preserve area, as depicted on Exhibit B, shall consist of an Alternative "A" type buffer. Any preservation areas within this buffer may be credited toward buffering requirements. 2) The preserve area along the balance of the eastern most property boundary will serve as the buffer between uses. 3) The Developer will provide a five feet (5') wide Alternative "A" type buffer with trees planted fifty feet (50') on center between the business use and the preserve/lake area, as depicted on Exhibit B. Amended PUD(clean).DOC 2-10 8/22/2006 6tivF . 4) The Developer will provide a five feet (5') wide Alternative "A" type landscape buffer with trees planted fifty feet (50') on center along the eastern property boundary contiguous to the Collier County Sewage Treatment Plant. 5) The landscape buffer along the southern most property boundary, east of Goodlette-Frank Road, shall be a five feet (5') wide Alternative "A" type buffer with trees planted fifty feet (50') on center. An opaque hedge six feet (6') high will be planted to supplement the existing oak tree buffer planted by the County at the Collier County Sewage Treatment Plant. 6) The existing landscape berm/buffer from Goodlette Frank Road to the west side of the Pine Ridge Drainage Easement will be supplemented as follows: a type "A" buffer along the proposed lake; and the remaining area westward of the lake will be supplemented to consist of 50 sabal palms, 8'-14' O.A. and 4 Ficus nitida 12'-13' O.A. and 6'-8' wide; locations to be coordinated with the adjacent property owner. 7) The Developer will provide a ninety percent (90%) opaque landscape buffer and berm between the I/C District and the Pelican Marsh PUD from the west side of the Pine Ridge Drainage Easement to the existing berm to the west, that approximates the existing Pelican Marsh berm/buffer. This buffer will be installed concurrent with any PC construction west of the Pine Ridge Drainage Easement. The buffer shall meet ninety percent (90%) opacity within one(1)year of planting. 8) The Developer will supplement with additional trees the buffer along the remaining portion of the southern property line westward to achieve a ninety percent (90%) opaque buffer. This buffer will be installed concurrent with any I/C construction west of the Pine Ridge Drainage Easement. 9) The landscape buffer between the I/C District and the adjacent Agricultural District along the southern portion of the western property line will be an Alternative"A"type buffer. 10)The landscape buffer between the R.O.W. and the adjacent Agricultural District to the west will be an Alternative "A" type buffer and be incorporated into the R.O.W. D. Maximum fence or wall height internal to the PUD: Twelve feet(12'). E. Landscape buffers, berms, fences and walls will be constructed along the perimeter of the Creekside Commerce Park PUD boundary concurrent with subdivision and site development construction phase,except where noted in this document. Amended PUD(clean).DOC 2-11 8/22/2006 6C F. Sidewalks, water management systems, drainage structures, and utilities may be allowed in landscape buffers pursuant to review and approval of the Development Services Administrator. G. Landscape berms located within the Creekside Commerce Park PUD boundary and contiguous to a property line and/or right-of-way line may be constructed such that the toe of slope is located on the property line and/or encroaches into the right-of- way line when approved by the applicable owner or agency. 2.20 SIGNAGE A. GENERAL 1) Pursuant to Section 2.5.5.2.3.7. of the LDC, the following conditions provide for the required comprehensive sign plan for the Creekside Commerce Park 2) Each platted parcel shall be considered a separate parcel of land. 3) Signs and decorative landscaped entrance features within a County dedicated right-of-way, shall require a right-of way permit subject to the review and approval of the County. 4) All signs shall be located so as not to cause sight line obstructions. B. PARK ENTRY SIGNS 1) Major park entry signs shall be located as depicted on Exhibit B. Each sign will not exceed 160 square feet in size on any side and signs will be no longer than 25 feet in length and 8 feet in height. 2) Minor park entry signs shall be located as depicted Exhibit B. Each minor monument sign will not exceed 100 square feet in size on any side. Minor monument signs will be no larger than 20 feet in length and 6 feet in height. C. INTERNAL SIGNS 1) Directional or identification signs are allowed within the business park. Such signs may be used to identify the location or direction of approved uses such as sales centers, information centers,etc. Individual signs may be a maximum of 4 square feet per side in size, or signs maintaining a common architectural theme may be combined to form a menu board with a maximum size of 25 square feet per side, and a maximum height of 8 feet. No building permit is required unless such signs are combined to form a menu board. 2) Grand Opening signs: The Developer or parcel owner may display an on-site grand opening sign not exceeding 32 square feet on a side, and not exceeding Amended PUD(clean).DOC 2-12 8/22/2006 64 square feet total. Banner signs shall be anchored and may be displayed on- site for a period not exceeding 14 days within the first three months that the Developer/occupant is open for business. D. USER SIGNS 1) Wall, mansard, canopy or awning signs: One wall, mansard, canopy or awning sign may be permitted for each single-occupancy facility, or for each establishment in a multiple-occupancy facility. Corner units within multiple- occupancy facilities, or multi-frontage single-occupancy facilities shall be allowed two signs, but such signs shall not be combined for the purpose of placing the combined area on one wall. However, the combined area of those signs shall not exceed the maximum allowable display area for signs by this ordinance. a. The maximum allowable display area for signs may not be more than 15 percent of the total square footage of the visual facade of the building to which the sign will be attached and may not, in any case, exceed 200 square feet in area for any sign. 2) Monument and Pole signs: One (1) monument or pole sign is permitted for each lot or parcel for each external and internal road frontage(s). a. Maximum allowable sign area: 60 square feet per side, if two-sided b. Maximum allowable height: 15 feet for pole signs, 8 feet for monument signs. c. Internal road frontage setbacks: A minimum of fifteen feet (15') from the edge of pavement. Signs may encroach within the right-of-way subject to maintaining safe site distance triangles as per Section 2.4.4.16. of the LDC and when approved by the Community Development and Environmental Services Administrator and applicable utility. d. External road frontage setbacks: Pole signs shall be setback from any external right-of-way in accordance with the applicable section of the LDC. Monument signs may be permitted closer to the right-of-way subject to maintaining safe site distance triangles as per Section 2.4.4.16. of the LDC and when approved by the Community Development and Environmental Services Administrator and applicable utility. e. Spot or floodlights may be permitted provided said light shines only on the signs or landscaping and is shielded from motorists and adjacent residents. Amended PUD(clean).DOC 2-13 8/22/2006 6C f. Should the U.S. Postal Service purchase or lease land within Creekside Commerce Park, in addition to the user signs as permitted herein,they will be allowed one sign between Immokalee Road and the proposed lake adjacent to the west entry. E. TRAFFIC SIGNS Traffic signs such as street name signs, stop signs, speed limit signs, etc. may be designed to reflect a common architectural theme, in accordance with Section 3.2.8.3.19. of the LDC. 2.21 GENERAL PERMITTED USES A. Certain uses shall be considered general permitted uses throughout the Creekside Commerce Park PUD except in the Preserve Area. General permitted uses are those uses which generally serve the Developer and tenants of Creekside Commerce Park and are typically part of the common infrastructure. B. General Permitted Uses: 1. Essential services as set forth under LDC, Section 2.6.9.1. 2. Water management facilities and related structures. 3. Temporary sewage treatment facilities. 4. Lakes including lakes with bulkheads or other architectural or structural bank treatments. 5. Guardhouses,gatehouses,and access control structures. 6. Temporary construction, sales, and administrative offices for the Developer and Developer's authorized contractors and consultants, including necessary access ways,parking areas and related uses. 7. Landscape features including, but not limited to, landscape buffers, berms, fences and walls subject to the standards set forth in Section 2.11 of this PUD. 8. Fill storage subject to the standards set forth in Section 2.7 of this PUD. Site filling and grading as set forth in Section 2.7 of this PUD. 9. Any other use which is comparable in nature with the foregoing uses and which the Community Development and Environmental Services Administrator determines to be compatible. Amended PUD(clean).DOC 2-14 8/22/2006 10. Sidewalks may occur within County required buffers if approved by the Community Development and Environmental Services Administrator. 11. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein are to be in accordance with the LDC provision in effect at the time of Site Development Plan Approval. 12. Creekside Commerce Park shall be permitted to develop with a maximum of 40 percent commercial uses. Commercial uses are defined as offices, health services, medical clinics, financial institutions, fitness centers, childcare centers, restaurants and retail sales in accordance with Section 3.3. C.2. hereof. Amended PUD(clean).DOC 2-15 8/22/2006 SECTION III INDUSTRIAL/COMMERCE DISTRICT 3.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within Creekside Commerce Park designated on the Master Plan as "I/C". 3.2 GENERAL DESCRIPTION Areas designated as "I/C" on the PUD Master Plan are intended to provide a maximum of 620,000 square feet of gross floor area of industrial/commerce uses on 41.6±net acres. The floor area ratio(FAR)for the designated industrial land uses shall not exceed.35. 3.3 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. The permitted principal uses and structures will generally consist of light manufacturing, wholesale, warehouse, processing and packaging, laboratories and clinics, research, design and product development, business services and corporate offices and headquarters. 1. Aircraft Parts and Auxiliary Equipment(Group 3728) 2. Apparel and Other Finished Products(Groups 2311-2399) 3. Building Contractors (Groups 1521-1542), except for general contractors for mobile home repair on site, modular housing and premanufactured housing assembled on site, dry cleaning plant construction, paper pulp mill construction,and truck and automobile assembly plant construction. 4. Business Services (Groups 7311-7313, 7319, 7322, 7323, 7331-7338, 7352, 7359-7389 except for industrial truck rental and leasing; plants, live: rental and leasing; toilets, portable: rental and leasing; employment agencies, except theatrical and motion picture; labor contractors (employment agencies) model registries; labor pools; manpower pools; modeling service; dogs, rental of: for protective service; automobile recovery service; automobile repossession service; bartering services for businesses; bondspersons; bottle exchanges; check validation service; contractors disbursement control; filling pressure containers (aerosol) with hair spray, insecticides, etc.; fire extinguishers, service of gas systems, contract conversion from manufactured to natural gas;metal slitting and shearing on a contract or fee basis produce weighing service, not connected with Amended PUD(clean).DOC 3-1 8/22/2006 transportation; scrap steel cutting on a contract or fee basis;solvents recovery service on a contract or fee basis; tobacco sheeting service on a contract or fee basis) 5. Child Day Care Services(Group 8351) 6. Communications (Groups 4812-4899 not including major communications towers related to cellular phone service, radio broadcasting, television broadcasting,radar or telephone service) 7. Computer and Office Equipment(Groups 3571-3579) 8. Construction; Special Trade Contractors (Groups 1711-1799 except for boiler erection and installation contractors; drainage system installations, cesspool and septic tank contractors; fuel oil burner installation and servicing contractors; gasoline hookup contractors; sewer hookups and connection for buildings contractors; epoxy application contractors; fireproofing buildings contractors; gasoline pump installation contractors; lead burning contractors; and mobile home site setup and tie down contractors) 9. Depository and Non-Depository Institutions(Groups 6011-6163) 10. Drugs and Medicines (Groups 2833-2836, except for adrenal derivatives: bulk, uncompounded; barbituric acid and derivatives: bulk, uncompounded; cocaine and derivatives; codeine and derivatives; gland derivatives: bulk, uncompounded; mercury chlorides, U.S.P; mercury compounds, medicinal: organic and inorganic;morphine and derivatives;opium derivatives) 11. Educational Services (Groups 8249-8299 except construction equipment operation schools; truck driving schools; automobile driving instruction; survival schools;vocational counseling) 12. Electronics and Other Electrical Equipment Manufacturing (Groups 3612, 3613, 3624, 3625, 3631, 3641-3676, 3678, 3679, 3694, 3695, 3699, except for airport lighting transformers, autotransformers, electric (power transformers) distribution transformers, electric; electric furnace transformers; lighting transformers, street and airport; transformers, reactor; atom smashers (particle accelerators; electron beam metal cutting, forming, and welding machines; electron linear accelerators; electrostatic particle accelerators)) 13. Engineering, Accounting, Research, Management and Related Services (Groups 8711-8748 except chemical laboratories, commercial research; automobile proving and testing grounds; metallurgical testing laboratories; pollution testing, except automotive emissions testing; radiation dosimetry laboratories; seed testing laboratories;veterinary testing laboratories) Amended PUD(clean).DOC 3-2 8/22/2006 6C 14. Fabricated Metal Products (Groups 3411-3432, 3442, 3444, 3446, 3452, 3469,3492,3495,3496,production of metal is prohibited) 15. Furniture and Fixtures Manufacturing(Groups 2511-2599) 16. Government Offices/Buildings (Groups 9111-9199, 9221, 9222, 9224-9229, 9311,9451,9511-9532,9611,9631-9661) 17. Industrial and Commercial Machinery (Groups 3524, 3546, 3553-3556, 3559, 3562, 3564-3566, 3581-3599 except for bronzing and dusting machines for printing trades; foundry type for printing; presses, printing - slugs printers'; ammunition and explosives loading machinery; brick making machines; cement making machinery; chemical kilns; control rod drive mechanisms for use on nuclear reactors; foundry machinery and equipment; frame straighteners, automotive (garage equipment); fur sewing machines; ginning machines, cotton; metal finishing equipment for plating, except rolling mill lines;metal pickling equipment,except rolling mill lines) 18. Leather and Leather Products(Groups 3131-3199) 19. Measuring, Analyzing, and Controlling Instruments; Photographic, Medical and Optical Goods: Watches and Clocks Manufacturing(Groups 3812-3843, 3845-3873) 20. Membership Organizations(Groups 8611-8631) 21. Miscellaneous Manufacturing Industries (Groups 3911-3999 except for dressing of furs: bleaching,blending,curring, scraping,and tanning; feathers: curling, dyeing, and renovating - for the trade; fur stripping; furs dressed: bleached, curried, scraped, tanned, and dyed; pelts: scraping, curring, tanning, bleaching and dyeing; plumes, feather; tear gas devices and equipment; veils made of hair) 22. Motion Picture Production(Groups 7812-7819) 23. Motor Freight Transportation(Groups 4214,4215) 24. Packing and Crating(Group 4783) 25. Paper and Allied Products(Groups 2652-2657,2673-2679) 26. Personal Services(Groups 7213, 7216, 7219, 7221) 27. Physical Fitness Facilities(Group 7991) 28. Plastic Materials and Synthetics(Groups 2833,2834) 29. Printing,Publishing and Allied Industries(Groups 2711-2791) Amended PUD(clean).DOC 3-3 8/22/2006 4CrhI 30. Professional Offices: including but not limited to, Travel Agencies (Group 4724); Insurance Agencies (Group 6411); Insurance Carriers (Groups 6311- 6399);Real Estate(Groups 6512,6514,6517,6519,6531,6541,6552,) 31. Rubber and Miscellaneous Plastic Products(Groups 3021, 3085, 3086, 3088, 3089) 32. Transportation Equipment(Group 3732,except for boats,fiberglass:building and repairing; boats: motorboats, sailboats, rowboats, and canoes - building and repairing; houseboats, building and repairing; motorboats, inboard and outboard:building and repairing) 33. United States Postal Service(Group 4311) 34. Warehousing and Storage (Group 4225, 4226, 5014 except oil and gas storage, petroleum and chemical bulk stations and automobile dead storage) only one (1) self-storage use allowed to be located adjacent to the Collier County Sewage Treatment Plant. 35. Wholesale Trade-Durable Goods (Groups 5021-5031, 5043-5049, 5063- 5074, 5078, 5091, 5092, 5094-5099 except for fencing, wood-wholesale; lumber:rough, dressed,and finished-wholesale;batteries,except automotive- wholesale; storage batteries,industrial-wholesale;unit substations-wholesale; boilers, power: industrial-wholesale; boilers, steam and hot water heating- wholesale; burners, fuel oil and distillate oil-wholesale; oil burners- wholesale) 36. Wholesale Trade-Nondurable Goods (Groups 5111-5143, 5145, 5147-5149, 5192, 5199 except for cats-wholesale; charcoal-wholesale; dogs-wholesale; fish, tropical-wholesale; furs, dressed-wholesale; greases, animal and vegetable-wholesale; ice, manufactured or natural-wholesale, leather and cut stock-wholesale; linseed oil-wholesale; oils, except cooking: animal and vegetable-wholesale; oilseed cake and meal-wholesale; rubber, crude- wholesale; sawdust-wholesale; vegetable cake and meal-wholesale; wigs- wholesale;worms-wholesale) 37. Any other use or service which is comparable in nature with the foregoing uses and is otherwise clearly consistent with the intent and purpose statement of the District and which the Community Development and Environmental Services Administrator determines to be compatible in this District. B. Restricted Principal Uses The following medical related uses must be located within a 1/4 mile radius of the hospital property boundary. Amended PUD(clean).DOC 3-4 8/22/2006 11116C Pi 1 1. Health Services,medical clinics and offices(Groups 8011-8049) 2. Medical Laboratories and research and Rehabilitative Centers (Groups 8071- 8092,8099) 3. Any other use or service which is comparable in nature with the foregoing uses and is otherwise clearly consistent with the intent and purpose statement of the District and which the Community Development and Environmental Services Administrator determines to be compatible in this District. C. Permitted Accessory Uses and Structures: 1. Uses and structures that are accessory and incidental to uses permitted in this district. 2. Retail and wholesale sales and/or display areas as accessory to the principal use, not to exceed an area greater than forty percent(40%) of the gross floor area of the permitted principal use. 3.4 DEVELOPMENT STANDARDS A. Minimum Lot Area: 20,000 S.F. B. Minimum Lot Width: 100 FT. C. Minimum Yard Requirements: 1. Front Yard, adjacent to Immokalee Road or Goodlette-Frank Road: Fifty feet(50') 2. Front Yard,Internal: Thirty feet(30') 3. Side Yard: Ten feet(10') Five feet(5')to internal property line along Pine Ridge canal drainage easement and FP&L easement 4. Waterfront: Zero feet (0') to bulkhead or rip-rap at top of bank, otherwise twenty feet(20') 5. Rear Yard: Twenty-five feet(25') 6. Minimum Building Setback from Perimeter Boundary of PUD: Fifty feet (50') D. Maximum Height: Thirty Five Feet (35'), including silos, storage tanks, elevator towers,satellite dishes,antennas,etc. Amended PUD(clean).DOC 3-5 8/22/2006 6c E. Outside storage or display shall be permitted and shall be screened from all internal and external public roadways with a fence or landscaping equivalent or combination thereof. Said fence, wall or landscaped screen shall be opaque in design. All manufacturing operations and equipment, including accessory process equipment such as compressors and air handlers shall be contained in an enclosed structure. F. All industrial building sides visible from roadways internal or external to the park shall have the appearance of a concrete material, such as, but not limited to, block, brick, tilt up concrete panels, stucco on lathe systems, etc. Corrugated steel sides visible from said roadways are prohibited; as well as exposed metal siding on any building west of Goodlette Frank Road. G. Business District type uses located within the I/C District along Goodlette-Frank Road will meet the Collier County Architectural Guidelines in Division 2.8. of the LDC. H. Industrial type uses abutting Goodlette-Frank Road shall meet the requirements of Section 2.19.B.3 hereof, alternatively, said uses shall have the option of utilizing the landscaped buffer applicable to business uses fronting Goodlette-Frank Road, provided the portion of the building facing Goodlette-Frank Road meets the following Architectural Guideline Sections of the LDC, therefore satisfying the intent of the building design section of the Architectural Guidelines in the opinion of the Community Development and Environmental Services Administrator: 1. Section 2.8.3.5.1.,Purpose and Intent 2. Section 2.8.3.5.4.,Facade Standard 3. Section 2.8.3.5.6.,Project Standards 4. Section 2.8.3.5.7.,Detail Features except for 2.8.3.5.7.2. 5. Section 2.8.3.5.12. Loading Areas: Buildings west of the Pine Ridge canal and adjacent to the Pelican Marsh boundary shall orient loading docks to the north, east or west. J. Noise: Uses within the I/C District shall not exceed 65 dBA between the hours of 7 a.m. and 10 p.m. Monday through Saturday, and 60 dBA after 10 p.m. to 6:59 a.m. and all of Sundays, as measured at the property boundary of the land use from which the sound emanates. K. Odor: No business shall cause or allow the emission of odorous air from any single source such as to result in odors which are detectable outside the parcel Amended PUD(clean).DOC 3-6 8/22/2006 6C boundaries. Best practical treatment, maintenance, and control currently available shall be utilized in order to maintain the lowest possible emission of odorous air. L. Lighting: Lighting shall be located so that no light is aimed directly toward a property designated residential if lighting is located within 200 feet of residential property. Light fixtures within parking areas shall not exceed 25 feet in height. M. Emissions: All sources of air emissions shall comply with rules set forth by the Environmental Protection Agency(Code of Federal Regulations, Title 40) and the Florida Department of Environmental Regulation (Florida Administrative Code, Chapter 17-2). No person shall operate a regulated source of air emissions without a valid operation permit issued by the Department of Environmental Regulation. Amended PUD(clean).DOC 3-7 8/22/2006 6C fi SECTION IV BUSINESS DISTRICT 4.1 PURPOSE The purpose of this section is to identify permitted uses and development standards for areas within Creekside Commerce Park designated on the Master Plan as"B". 4.2 GENERAL DESCRIPTION Areas designated as "B" on the PUD Master Plan are intended to provide a maximum of 190,000 square feet of floor area, including approximately 150,000 square feet of office uses and 40,000 square feet of retail uses on 19.1±net acres. The floor area ratio (FAR) for the designated business land uses shall not exceed.35. 4.3 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part,for other than the following: A. Permitted Principal Uses and Structures: 1. Building Contractors (Groups 1521-1542), except for general contractors for mobile home repair on site, modular housing and premanufactured housing assembled on site, dry cleaning plant construction, paper pulp mill construction,and truck and automobile assembly plant construction. 2. Business Services (Groups 7311-7313, 7319, 7322, 7323, 7331-7338, 7352, 7359-7389 except for industrial truck rental and leasing; plants, live: rental and leasing; toilets, portable: rental and leasing; employment agencies, except theatrical and motion picture; labor contractors (employment agencies) model registries; labor pools; manpower pools; modeling service; dogs, rental of: for protective service; automobile recovery service; automobile repossession service; bartering services for businesses; bondspersons; bottle exchanges; check validation service; contractors disbursement control; filling pressure containers (aerosol) with hair spray, insecticides, etc.; fire extinguishers, service of gas systems, contract conversion from manufactured to natural gas;metal slitting and shearing on a contract or fee basis produce weighing service, not connected with transportation; scrap steel cutting on a contract or fee basis;solvents recovery service on a contract or fee basis; tobacco sheeting service on a contract or fee basis) 3. Child Day Care Services(Group 8351) Amended PUD(clean).DOC 4-1 8/22/2006 iCH 4. Convenience Store (Group 5411) and Gasoline Filling Station(Group 5541) only one (1)allowed. 5. Communications (Groups 4812-4899), not including major communication towers related to cellular phone service, radio broadcasting, television broadcasting,radar or telephone service. 6. Depository and Non-Depository Institutions (Groups 6011-6163) including automatic teller machines 7. Drugs and Medicines (Groups 2833-2836 except for adrenal derivatives: bulk, uncompounded; barbituric acid and derivatives: bulk, uncompounded; cocaine and derivatives; codeine and derivatives; gland derivatives: bulk, uncompounded; mercury chlorides, U.S.P; mercury compounds, medicinal: organic and inorganic;morphine and derivatives;opium derivatives) 8. Eating Places(Group 5812)not including fast food and drive-thru restaurants 9. Educational Services (Groups 8249-8299 except construction equipment operation schools; truck driving schools; automobile driving instruction; survival schools; vocational counseling) 10. Engineering, Accounting, Research, Management and Related Services (Groups 8711-8748 except chemical laboratories, commercial research; automobile proving and testing grounds; metallurgical testing laboratories; pollution testing, except automotive emissions testing; radiation dosimetry laboratories; seed testing laboratories;veterinary testing laboratories) 11. Government Offices/Buildings (Groups 9111-9199, 9221, 9222, 9224-9229, 9311, 9451,9511-9532,9611,9631-9661) 12. Professional Offices: Travel Agencies (Group 4724); Insurance Agencies (Group 6411); Insurance Carriers (Groups 6311-6399); Real Estate (Groups 6512-6515, 6517, 6519, 6531, 6541, 6552, 6553); Holding and Other Investment Offices(Groups 6712-6799);Attorneys(Group 8111) 13. Physical Fitness Facilities(Group 7991) 14. Any other use or service which is comparable in nature with the foregoing uses and is otherwise clearly consistent with the intent and purpose statement of the District and which the Community Development and Environmental Services Administrator determines to be compatible in this District. B. Restricted Principal Uses The following medical related uses must be located within 1/4 mile radius of the hospital property boundary. Amended PUD(clean).DOC 4-2 8/22/2006 1. Drug Stores and Proprietary Stores (Group 5912) Only one (1) drug store allowed. 2. Health Services,Medical Clinics and Offices(Groups 8011-8049) 3. Medical Laboratories and research and Rehabilitative Centers(Groups 8071- 8099) 4. Any other use or service which is comparable in nature with the foregoing uses and is otherwise clearly consistent with the intent and purpose statement of the District and which the Community Development and Environmental Services Administrator determines to be compatible in this District. C. Permitted Accessory Uses and Structures 1. Accessory uses and structures customarily associated with principal uses permitted in this district. 2. Retail and wholesale sales and/or display areas as accessory to the principal use, not to exceed an area greater than forty percent(40%)of the gross floor area of the permitted principal use. 4.4 DEVELOPMENT STANDARDS A. Minimum Lot Area: 20,000 S.F. B. Minimum Lot Width: 100 FT. C. Minimum Yard Requirements: 1. Front Yard,Immokalee and Goodlette-Frank Roads: Fifty feet(50') 2. Front Yard,Internal Roads: Thirty feet(30') 3. Side Yard: Ten feet(10') Five feet (5') to internal property line along the Pine Ridge canal drainage easement and FP&L easement 4. Waterfront: Zero feet (0') to bulkhead or rip-rap at'top of bank, otherwise twenty feet(20') 5. Rear Yard: Twenty-five feet(25') 6. Minimum Building Setback from Perimeter Boundary of PUD: Amended PUD(clean).DOC 4-3 8/22/2006 1, I a) Fifty feet(50')for buildings up to thirty five feet,(35')in height. b) Three additional feet (3') for every one foot of building height over thirty five feet(35')adjoining residential districts. D. Maximum Height: Three stories over parking to a maximum of fifty feet (50') for buildings within 1/4 mile of the hospital property boundary except that no structure shall be greater than thirty-five feet (35'), on property west of the Pine Ridge Drainage Easement. E. Commercial design guidelines for facilities in the Business District shall be subject to the provisions of Division 2.8. Architectural and Site Design Standards and Site Design Standards for commercial buildings and projects. F. Outside storage or display shall be permitted and shall be screened from all internal and external public roadways with a fence at least seven feet in height above ground level, or landscaping equivalent or combination thereof. Said fence, wall or landscaped screen shall be opaque in design. Amended PUD(clean).DOC 4-4 8/22/2006 fit SECTION V PRESERVE AREA 5.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for the area within Creekside Commerce Park,designated on the Master Plan,as Preserve Area. 5.2 GENERAL DESCRIPTION . Areas designated as Preserve Area on the Master Plan are designed to accommodate natural systems existing or created as preserves and limited water management uses and functions. 5.3 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used,in whole or in part,for other than the following: A. Permitted Principal Uses and Structures 1. Boardwalks and nature trails(excluding asphalt paved trails). 2. Water management facilities. 3. Any other preserve 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 Area. 5.4 PRESERVE DISTRICT PRESERVATION EASEMENT A non-exclusive preservation easement or tract is required by LDC Section 3.2.8.4.7.3. for preservation lands included in the Preserve Area. The Developer, its successor or assign shall be responsible for the control and maintenance of lands within the Preserve Area. Exact location/boundary of the Preserve Area will be determined during the development permitting process with the South Florida Water Management District, Army Corps of Engineers,and Collier County. Amended PUD(clean).DOC 5-1 8/22/2006 iI 5.5 PRESERVE AREA ADJUSTMENTS The proposed native vegetation retention areas, depicted on the Creekside Commerce Park Master Plan, are intended for meeting the native vegetation requirements of the Collier County Growth Management Plan and the Collier County LDC. Adjustments may be made to the location of the preservations areas at the time of preliminary plat or site development plan approval. If adjustments are needed, per the Collier County LDC the Developer will have the option to increase the preservation in another area, enhance and preserve another area, or provide increased native landscape per the Collier County LDC. The proposed preservation areas, including 2.9 acres of wetlands and 4.1 acres of uplands, depicted on the Creekside Commerce Park master plan, are areas where the native vegetation requirements may be met as set forth in the Collier County LDC. Amended PUD(clean).DOC 5-2 8/22/2006 • F:\PR 1 . ,_ EL 1' 1 nii if " ° 'p ti — r iii . di I:!I ..we __ 44:• 17; _, Boa ° \ r I , , . Fr' liii i., l"i o cd 0 -40 - is e On[ill - Si � tt3 tteit��t tftt 1 111 __--=-- ____-- ------11- 11 ii ,, 1 i . s. ,. .. 1 s R „....:.......:.... 10 it tllOui1 't it t .g 1 M107 .-1-- ----.. > 44ea ' II 3 3 p 1 1 17 I "4: nti. gi 1 1 i. { t 1c11 d e 3 ! . pe IiiI� - ' 1 Q iR ... D-. .� �I�U� O . i flitifal 11 11., ,1::!.411...*.:. :.1-:::::::.!.;. , kill; 1113 5 11,..40P1 I P It 1 ell 7.-.1-... , ..:'7....7. ..T..i:i.)-1,..:,. .:71.7.T...z...,..„ .,.....,....,,:..:-.:...;,::-.4 1 1 ii ii 4 0 1 1 trr : . IA h i I -5g I i 6C1 850 PARK SHORE DRIVE TRNNON CENTRE-THIRD FLOOR I:( ) l � I 71 ( _ •� .ADDRESS DntEcr 239.649.6200 MAIN A LEGAL PROFESSIONAL ASSOCIATION 239.261.3659 FAX ban .coin September 15,2006 VIA HAND DELIVERY AND E-MAIL Mr.James V.Mudd, County Manager Collier County Government 3301 East Tamiami Trail Naples,FL 34112 Re: Request to Reconsider—Naples Daily News PUD(PUDZ-2005-AR-8833)and Creekside Commerce Park PUD Amendment(PUDA-2005-AR 8832) Dear County Manager Mudd: As the Petitioner's agent on both of the above-referenced items which were acted upon at the September 12, 2006 County Commission Meeting, I am filing this Request for Reconsideration of both items pursuant to Section 2-41 and Section 2-42 of the Collier County Code of Ordinances. Section 2-41 is applicable to the reconsideration of the approval of the Creekside PUD Amendment, and Section 2-42 is applicable to the request to reconsider the denial of the Naples Daily News PUD. The grounds for this reconsideration request are that there was a misunderstanding as to compliance of the Naples Daily News PUD with the Land Development Code and the Growth Management Plan; and the Amendment to the Creekside PUD was to rezone 2.3 acres of that PUD to become part of the denied Naples Daily News PUD. Both of these are companion items and should be considered together. It is my understanding from Joe Schmitt that if the reconsideration is approved at the September 26 County Commission meeting, that the earliest date both Petitions could be advertised and scheduled for hearings by the Commission is October 24. I would respectfully request that the County schedule and advertise the re-hearings on the merits for the October 24, 2006 County Commission meeting. Thank you very much for your attention to this matter. Should you have any questions,please do not hesitate to contact me. Sincerely, ciszyukile R.Bruce Anderson For the Firm RBA: CLsva,ANO TOMO AKRON coiuldsus aNa NAn WASHINGTON,D.C. TALLAHASSEE FORT MYERS NAPLES 308302.111878.0005 www.ralaw.corn 6C " Mr.James Mudd,et. al. September 15,2006 Page 2 cc: ALL VIA E-MAIL Commissioner Tom Henning Commissioner Fred Coyle Commissioner James Coletta Commissioner Donna Fiala Commissioner Frank Halas Mr.Paul Marinelli Mr.John Fish Mr. Wayne Arnold Mr.Joseph Schmitt Mr.Mike DeRuntz David C.Weigel,Esq. Marjorie Student-Stirling,Esq. 508302.111875.0005 Pin 11 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of : ORDINANCE 2006-50 Which was adopted by the Board of County Commissioners on the 24th day of October, 2006, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 30th day of October, 2006 . DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board of County Commissioners . By: Teresa Dillard, Deputy Clerk , ' 6C 'a ATTACHMENT 3 STANDARD INDUSTRIAL CLASSIFICATION (SIC) 5531 AUTO AND HOME SUPPLY STORES DESCRIPTION ii 06 6 M7+7 A to Z Index I En espanol I Contact Us I FAQs I About OSHA OSHA )S1 IA QuickTakes Newsletter taIRSS Feeds 0 Print This Page IlOTextSize *Was this page helpful? Occupational Safety&Health Administration We Can Help What's New I Offices Home Workers Regulations Enforcement Data&Statistics Training Publications Newsroom Small Business \ sHA Division G:Retail Trade Maior Group 55:Automotive Dealers And Gasoline Service Stations Industry Group 553:Auto And Home Supply Stores 5531 Auto and Home Supply Stores Establishments primarily engaged in the retail sale of new automobile tires,batteries,and other automobile parts and accessories.Such establishments frequently sell a substantial amount of home appliances,radios,and television sets.Establishments dealing primarily in used parts are classified in Wholesale Trade,Industry 5015.Establishments primarily engaged in both selling and installing such automotive parts as transmissions,mufflers,brake linings,and glass are classified in Services,Industry Group 753. • Automobile accessory dealers-retail • Automobile air-conditioning equipment sale and installation-retail • Automobile parts dealers-retail • Battery dealers,automobile-retail • Speed shops-retail • Tire dealers,automotive-retail • Tire,battery,and accessory dealers-retail [SIC Search I Division Structure I Maior Group Structure I OSHA Standards Cited] Freedom of Information Act I Privacy&Security Statement I Disclaimers I Customer Survey I Important Web Site Notices I International I Contact Us U.S.Department of Labor I Occupational Safety&Health Administration 1 200 Constitution Ave.,NW,Washington,DC 20210 Telephone:800-321-0SHA(6742) I TIT:877-889-5627 www.OSHA.gov ATTACHMENT 4 STAFF'S EXECUTIVE SUMMARY RESOLUTION 12-120 .f? ' 11 EXECUTIVE SUMMARY Recommendation to consider a Resolution of the Board of Zoning Appeals of Collier County, Florida determining that a tire store with minor automotive repairs is a comparable and compatible land use to other permitted uses, and therefore, is a permitted use within the Business District designated area of the Creekside Commerce Park CPUD, as authorized in Section 4.3.A.14 of Ordinance 06-50. The subject property is located in Section 27, Township 48 South, Range 25 East,Collier County,Florida. OBJECTIVE: To have the Board of Zoning Appeals (BZA) affirm a determination by the Growth Management Division (GMD) Administrator and zoning staff that retail tire sales with minor automotive repair is a comparable and compatible use in the Creekside Commerce Park Commercial Planned Unit Development (CPUD). Section 4.3.A.14 of the CPUD permits the Administrator to determine that other uses are "comparable in nature" to the uses specifically permitted in the CPUD. CONSIDERATIONS: The Creekside Commerce Park CPUD permits a variety of light industrial, office, professional services, and retail business uses. The CPUD includes an Industrial/Commercial District and a Business District. Permitted uses within the CPUD are referenced by a Standard Industrial Classification (SIC) code. Section 4.3.A.14 of the CPUD authorizes the former Community Development and Environmental Services (CDES) Administrator, now the GMD Administrator, to permit uses not specifically listed as a permitted use in the CPUD, if: • the use is comparable with other uses permitted in the CPUD, • the use is consistent with the intent of the CPUD, and • the use is deemed to be a compatible land use within the CPUD. A tire store with minor automotive repairs has been proposed as a use within the Business District of the Creekside CPUD. A tire store is identified as SIC 5531 under the general use category of auto and home supply stores. This use group permits automotive tire dealers, vehicle accessory and parts dealers and auto air conditioning sales and installation. The proposed tire store would sell and install automotive vehicle tires and perform other minor repair services for passenger vehicles. The 5531 Auto and Home Supply use is not specifically listed as a permitted use in the Creekside CPUD. The GMD Administrator, with staff research, has evaluated the proposed use and has determined that it is a comparable and compatible land use; therefore, it can be deemed to be a permitted use within the Creekside CPUD. In making this determination, staff notes that the CPUD permits convenience store and gasoline filling station uses, limited to one only, which are identified as SIC 5411 and 5541 respectively. Creekside Commerce Park CPUD 6-26-12 fit SIC 5541 states that gasoline service stations primarily engage in selling gasoline and lubricating oils. These establishments frequently sell other merchandise, such as tires, batteries and other automobile parts, or perform minor repair work(emphasis added). During the research for this request, the situation was raised that the CPUD does not describe the permitted use as "Gasoline Service Stations (Group 5541)" —which would be interpreted to permit all the sub-uses, including minor automotive repair. Instead, the use is described as "Gasoline Filling Stations (Group 5541)"—which would typically be only a gas station with no repair. However, this wording highlighted some inconsistent wording in the listed permitted uses: seven of the thirteen listed uses state the use (with SIC code) and then state "except for" or "not including" certain specific uses. Staff analysis determined that the "Gasoline Filling Station" wording was vague as to whether it included the other Group 5541 uses or was limited to a gas station only. Because of this vagary, the Administrator recommended conditions to the determination: • There shall be no direct access to Immokalee Road. • Bay doors/overhead doors shall not face Immokalee Road. • This determination is specific to Parcel ID number 29331190725. The proposed use is comparable to the gasoline service station use since tire stores provide for tire installation and other minor automotive repair, similar to the services that commonly occur at a full service gasoline service station. A tire store with minor automotive repair is distinguished from other more intensive auto repair SIC designations, such as tire retreading and repair, which are identified under SIC group 7534. Group 7534 specifically would permit recapping, retreading and vulcanizing tires. Use group 5531 (Auto and Home Supply) and 5541 (Gasoline Service Stations) are permitted uses in the C-3, Intermediate Commercial zoning district. Uses such as tire retreading are permitted only in the C-5, Heavy Commercial zoning district. The Administrator has also determined that the proposed use of retail tire sales with minor automotive repair is compatible with other uses permitted in the Creekside CPUD. The tire store use is less intense that many of the manufacturing and light industrial land uses permitted within the CPUD, and the tire store use has been previously determined to be compatible with other C- 3 zoning district uses by their inclusion in this conventional zoning district. The proposed use will be subject to the County's architectural and site design guidelines, and landscape buffer standards, which will further insure compatibility of the proposed use with the other uses found in the CPUD. After research and review with the zoning staff, the GMD Administrator concluded that retail tire sales with minor automotive repair, is a use comparable in nature to the listed permitted uses, and therefore, can be deemed a permitted use in the CPUD. It is the opinion of the GMD Administrator and Office of the County Attorney that the determination must be affirmed by the Board of Zoning Appeals before becoming official. White Lake Industrial Corporate Park PUD 2 6-12-12 rift- FISCAL IMPACT: The proposed land use for retail tire sales with minor automotive repair by and of itself will have no fiscal impact on Collier County. There is also no guarantee that a tire store will be established in the Creekside Commerce Park CPUD. In addition, if the use is approved, it will be located in an existing approved development; therefore, the existing land will not result in major impact to Collier County public facilities. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this determination. LEGAL CONSIDERATIONS: The preferred process for clarifying or adding uses to a PUD is through an Official Interpretation in accordance with Sections 2.03.00.A. and 1.06.01 of the LDC. However, if an alternate process is approved by the Board, the uses may be clarified through a zoning verification letter affirmed by the BZA as long as the owners are provided proper notice in accordance with Section 125. 66, FS. An affirmative vote of four is needed for Board approval. -HFAC RECOMMENDATION: That the BZA adopt the attached Resolution approving the use of retail tire store with minor automotive repair in the Creekside Commerce Park CPUD subject to the conditions in the resolution and authorize the Chairman to sign the Resolution. PREPARED BY: Fred Reischl, AICP, Senior Planner Land Development Services Department Attachments: 1)Applicant's request and response 2) Ordinance 06-50; Creekside Commerce Park CPUD 3) Resolution 4)Advertisement White Lake Industrial Corporate Park PUD 3 6-12-12 • C1P1* e-lr Couy Growth Management Division Planning & Regulation Land Development Services June 18, 2012 D. Wayne Arnold, AICP Q. Grady Minor&Assocites, P.A. 3800 Via Del Rey Bonita Springs, FL 34134 Re: Request regarding Creekside Commerce Park CPUD Administrative Determination in Section 27, Township 48 South, Range 25 East, Collier County, Florida. Dear Mr. Arnold: Thank you for your request for an Administrative Determination per Section 4.3.A.14 of the Creekside Commerce Park CPUD. This section of the CPUD permits the Administrator to determine if a use is consistent with the other uses in the CPUD. You requested verification of the use of a tire store with minor automotive repair on the subject site. Your letter cites research and concludes that a tire store with minor automotive repair is comparable with other uses in the CPUD, is consistent with the intent of the CPUD, and is a compatible land use within the CPUD. Based on the research and analysis presented, it is the opinion of the Growth Management Division Administrator (successor-in-authority to the Community Development and Environmental Services Administrator) that the following land use is a permitted use in the Creekside Commerce Park CPUD: Tire Store with Minor Automotive Repair, with the following conditions: • There shall be no direct access to Immokalee Road. • Bay doors/overhead doors shall not face Immokalee Road. • This determination is specific to Parcel ID number 29331190725. Please note: according to the Office of the County Attorney, this determination must be affirmed by the Board of Zoning Appeals before becoming official. You will be notified when a hearing is scheduled and when advertising fees are due. Please be advised that the information presented in this letter is based on the Collier County Land Development Code and/or Growth Management Plan in effect as of this date. It is possible that subsequent amendment(s) to either of these documents could affect the validity of this verification letter. It is also possible that development of the subject property could be affected by other issues not addressed in this letter, such as, but not limited to, concurrency F0` Department of Land Development Services•2800 North Horseshoe Drive•Naples,FL 34104.239-252-2400•www.colliergov.net f fit „ related to the provision of adequate public facilities, environmental impact, and other requirements of the Collier County Land Development Code or related ordinances. Should you require further information or have any questions, please do not hesitate to contact me at (239) 252-6064 or nickcasalanguida©colliergov.net. Sincerely, Raymond V. Bellows, Planning Manager Gr. h Management Division /),,4 ad 1. ick Casalanguida, Administ ator Growth Management Division cc: Mike Bosi, AICP, Zoning Director Fred Reischl, AICP, Senior Planner Peggy Jarrell, Addressing Section Laurie Beard, Commitment Tracking Itt RESOLUTION NO. 12- 12 0 A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA DETERMINING THAT A TIRE STORE WITH MINOR AUTOMOTIVE REPAIRS IS A COMPARABLE AND COMPATIBLE USE WITHIN THE BUSINESS DISTRICT DESIGNATED AREA OF THE CREEKSIDE COMMERCE PARK CPUD, AS AUTHORIZED IN SECTION 4.3.A.14 OF ORDINANCE 06-50.THE SUBJECT PROPERTY IS LOCATED IN SECTION 27, TOWNSHIP 48 SOUTH, RANGE 25 EAST, 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 (LDC) (Ordinance No. 04-41, as amended) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the rezoning of land to Planned Unit Development(PUD);and WHEREAS,on October 24,2006,by Ordinance 06-50,the Board of County Commissioners of Collier County approved a Commercial Planned Unit Development (CPUD) known as the Creekside Commerce Park CPUD for the subject property;and WHEREAS, Section 4.3.A of the Creekside Commerce Park CPUD provides for certain permitted uses, including Subsection 4.3.A.14, "any other use or service which is comparable in nature with the foregoing uses and is otherwise clearly consistent with the intent and purpose statement of the District and which the Community Development and Environmental Services Administrator determines to be compatible in this District";and WHEREAS, the Petitioner, D. Wayne Arnold, AICP, on behalf of the property owner, Creekside West, Inc., requested a determination as to the property described in Exhibit"A"that a tire store with minor automotive repair is a comparable and compatible use to the permitted uses of the business district area of the CPUD;and WHEREAS,the PUD permits"convenience store and gasoline filling station"uses;and WHEREAS, the Growth Management Division Administrator (successor to the Community Development and Environmental Services Administrator) determined that "retail tire sales with minor automotive repair"is a permitted use in the CPUD by Zoning Verification letter dated June 18,2012,attached as Exhibit"B";and WHEREAS, staff requests an affirmation of the Administrator's determination by the Board of Zoning Appeals that a time store with minor automotive repair is a comparable and compatible use within the business district designated area of the Creekside Commerce Park CPUD according to Section 4.3.A.14 of the CPUD;and Creekside Commerce Park CPUD Rev. 6/19/12 1 of 2 WHEREAS, the Board of Zoning Appeals has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by the Land Development Code, and has held a public hearing with due notice made, and all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered granting the request by Creekside West, Inc., as stated herein. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY,FLORIDA,that as to the property described in Exhibit"A": The Zoning Verification letter dated June 18, 2012 is affirmed; and a the store with minor automotive repair is a comparable and compatible use within the business district designated area of the Creekside Commerce Park CPUD according to Section 4.3.A.14 of the CPUD, subject to the following conditions: (a) The property described in Exhibit "A" shall not have a driveway connection to Immokalee Road; and (b) Any bay doors or overhead doors on buildings or structures located on the property described in Exhibit"A"shall not face Immokalee Road. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote, this Map day of 2012. ATTEST: ....... BOARD OF ZONING APPEALS DWIGHT.E. BROCK,'CLERK COLLIER COUNTY, FLORIDA • •By: lire.. . ....� .•r By: r.� . . Air NL is � QM.% Out erk FRED W. COYLE, Chairman ,_ 'Vulture oily.; ::• - Approved as to form and legal sufficiency: CLL v� Heidi Ashton-Cicko Managing Assistant County Attorney Attachment: Exhibit A—Legal Description Exhibit B—Zoning Verification Letter 12-CPS-01174/6 Creekside Commerce Park CPUD Rev.6/19/12 2 of 2 16C EXHIBIT A LEGAL DESCRIPTION LOT 3, UNIT ONE OF THE CREEKSIDE COMMERCE PARK WEST - UNIT ONE SUBDIVISION PLAT RECORDED IN PLAT BOOK 29, PAGES 57-58 OF THE PUBLIC RECORDS OF COLLIER COUNTY LESS AND EXCEPT THE PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 3662, PAGE 1812, ET SEQ. OF THE PUBLIC RECORDS OF COLLIER COUNTY AND THE EAST 32.84 FEET OF LOT 3 12-CPS-01174/7 r.,,,_ c .4 ,,„ 6 ColliZnr •oKHty Growth Management Division Planning & Regulation Land Development Services June 18, 2012 D. Wayne Arnold, AICP Q. Grady Minor&Assocites, P.A. 3800 Via Del Rey Bonita Springs, FL 34134 Re: Request regarding Creekside Commerce Park CPUD Administrative Determination in Section 27, Township 48 South, Range 25 East, Collier County, Florida. Dear Mr. Arnold: Thank you for your request for an Administrative Determination per Section 4.3.A.14 of the Creekside Commerce Park CPUD. This section of the CPUD permits the Administrator to determine if a use is consistent with the other uses in the CPUD. You requested verification of the use of a tire store with minor automotive repair on the subject site. Your letter cites research and concludes that a tire store with minor automotive repair is comparable with other uses in the CPUD, is consistent with the intent of the CPUD, and is a compatible land use within the CPUD. Based on the research and analysis presented, it is the opinion of the Growth Management Division Administrator (successor-in-authority to the Community Development and Environmental Services Administrator) that the following land use is a permitted use in the Creekside Commerce Park CPUD: Tire Store with Minor Automotive Repair,with the following conditions: • There shall be no direct access to Immokalee Road. • Bay doors/overhead doors shall not face Immokalee Road. • This determination is specific to Parcel ID number 29331190725. Please note: according to the Office of the County Attorney, this determination must be affirmed by the Board of Zoning Appeals before becoming official. You will be notified when a hearing is scheduled and when advertising fees are due. Please be advised that the information presented in this letter is based on the Collier County Land Development Code and/or Growth Management Plan in effect as of this date. It is possible that subsequent amendment(s)to either of these documents could affect the validity of this verification letter. It is also possible that development of the subject property could be affected by other issues not addressed in this letter, such as, but not limited to, concurrency ( r Department of Land Development Services•2800 North Horseshoe Drive•Naples,FL 34104•239-252-2400•www.colliergov.net Ezhlbk B Psge_1_of 1611 related to the provision of adequate public facilities, environmental impact, and other requirements of the Collier County Land Development Code or related ordinances. Should you require further information or have any questions, please do not hesitate to contact me at(239) 252-6064 or nickcasalanguida©colliergov.net. Sincerely, Raymond V. Bellows, Planning Manager G Management Division '*,< ,>,, , is k Casalanguida,Administ - or ' Growth Management Division cc: Mike Bosi,AICP, Zoning Director Fred Reischl,AICP, Senior Planner Peggy Jarrell, Addressing Section Laurie Beard, Commitment Tracking Esbibk Page of , ri ATTACHMENT 5 STANDARD INDUSTRIAL CLASSIFICATION (SIC) 5541 GASOLINE SERVICE STATION DESCRIPTION ii fri ft ,i, A to Z Index I En espanol I Contact Us I FAQs I About OSHA OSHA )S}]_\QuickTakes Newsletter ORSS Feeds ®Print This Page Q OText Size *Was this page helpful? Occupational Safety&Health Administration We Can Help What's New I Offices Home Workers Regulations Enforcement Data&Statistics Training Publications Newsroom Small Business OSHA Division G:Retail Trade Maior Group 55:Automotive Dealers And Gasoline Service Stations Industry Group 554:Gasoline Service Stations 5541 Gasoline Service Stations Gasoline service stations primarily engaged in selling gasoline and lubricating oils.These establishments frequently sell other merchandise,such as tires,batteries,and other automobile parts,or perform minor repair work.Gasoline stations combined with other activities,such as grocery stores,convenience stores,or carwashes,are classified according to the primary activity. • Automobile service stations-retail • Filling stations,gasoline-retail • Gasoline and oil-retail • Marine service stations-retail • Service stations,gasoline-retail • Truck stops-retail [SIC Search I Division Structure I Major Grouo Structure I OSHA Standards Cited] Freedom of Information Act I Privacy&Security Statement I Disclaimers I Customer Survey I Important Web Site Notices I International I Contact Us U.S.Department of labor I Occupational Safety&Health Administration 1 200 Constitution Ave.,NW,Washington,DC 20210 Telephone:800-321-051-IA(6742) I TN:877-889-5627 www.OSHA.gov n � P6C 0 , ATTACHMENT 6 LDC SECTION 2.03.03.0 C-3 ZONING DISTRICT u � 161t Commercial Intermediate District(C-3). The purpose and intent of the commercial intermediate district(C-3)is to provide for a wider variety of goods and services intended for areas expected to receive a higher degree of automobile traffic. The type and variety of goods and services are those that provide an opportunity for comparison shopping, have a trade area consisting of several neighborhoods, and are preferably located at the intersection of two-arterial level streets. Most activity centers meet this standard.This district is also intended to allow all of the uses permitted in the C-1 and C-2 zoning districts typically aggregated in planned shopping centers. This district is not intended to permit wholesaling type of uses, or land uses that have associated with them the need for outdoor storage of equipment and merchandise.A mixed-use project containing a residential component is permitted in this district subject to the criteria established herein.The C-3 district is permitted in accordance with the locational criteria for commercial and the goals,objectives, and policies as identified in the future land use element of the Collier County GMP. The maximum density permissible in the C-3 district and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP.The maximum density permissible or permitted in the C-3 district shall not exceed the density permissible under the density rating system. 1. The following uses, as identified with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are permissible by right,or as accessory or conditional uses within the commercial intermediate district(C-3). a. Permitted uses. 1. Accounting (8721). 2. Adjustment and collection services(7322). 3. Advertising agencies(7311). 4. Animal specialty services, except veterinary(0752, excluding outside kenneling). 5. Apparel and accessory stores (5611-5699)with 5,000 square feet or less of gross floor area in the principal structure. 6. Architectural services (8712). 7. Auditing (8721). 8. Auto and home supply stores (5531)with 5,000 square feet or less of gross floor area in the principal structure. 9. Automobile Parking, automobile parking garages and parking structures (7521 —shall not be construed to permit the activity of"tow-in parking lots"). 10. Automotive services (7549)except that this shall not be construed to permit the activity of"wrecker service (towing) automobiles, road and towing service." 11 16t Banks, credit unions and trusts (6011-6099). 12. Barber shops(7241, except for barber schools). 13. Beauty shops (7231, except for beauty schools). 14. Bookkeeping services(8721). 15. Business associations(8611). 16. Business consulting services(8748). 17. Business credit institutions(6153-6159). 18. Business services—miscellaneous(7389, except auctioneering service, automobile recovery,automobile repossession, batik work, bottle exchanges, bronzing, cloth cutting, contractors'disbursement, cosmetic kits, cotton inspection, cotton sampler, directories-telephone, drive-away automobile, exhibits-building,filling pressure containers,field warehousing,fire extinguisher, floats-decoration,folding and refolding, gas systems, bottle labeling, liquidation services, metal slitting and shearing, packaging and labeling, patrol of electric transmission or gas lines, pipeline or powerline inspection, press clipping service, recording studios, repossession service, rug binding, salvaging of damaged merchandise, scrap steel cutting and slitting, shrinking textiles, solvent recovery,sponging textiles, swimming pool cleaning,tape slitting,texture designers, textile folding, tobacco sheeting, window trimming, and yacht brokers). 19. Child day care services(8351). 20. Churches. 21. Civic, social and fraternal associations(8641). 22. Commercial art and graphic design (7336). 23. Commercial photography(7335). 24. Computer and computer software stores (5734)with 5,000 square feet or less of gross floor area in the principal structure. 25. Computer programming, data processing and other services (7371-7379). 26. Credit reporting services (7323). 27. 1610 Direct mail advertising services (7331). 28. Drycleaning plants (7216, nonindustrial drycleaning only). 29. Drug stores(5912). 30. Eating places(5812 only)with 6,000 square feet or less in gross floor area in the principal structure.All establishments engaged in the retail sale of alcoholic beverages for on-premise consumption are subject to locational requirements of section 5.05.01 31. Educational plants. 32. Engineering services(8711). 33. Essential services, subject to section 2.01.03 34. Federal and federally-sponsored credit agencies (6111). 35. Food stores(groups 5411-5499)with 5,000 square feet or less of gross floor area in the principal structure. 36. Funeral services(7261, except crematories). 37. Garment pressing, and agents for laundries and drycleaners(7212). 38. Gasoline service stations (5541, subject to section 5.05.05). 39. General merchandise stores (5331-5399)with 5,000 square feet or less of gross floor area in the principal structure. 40. Glass stores(5231)with 5,000 square feet or less of gross floor area in the principal structure. 41. Group care facilities(category I and II, except for homeless shelters); care units,except for homeless shelters; nursing homes; assisted living facilities pursuant to F.S. §400.402 and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to F.S. §651 and ch.4-193 F.A.C.; all subject to section 5.05.04 42. Hardware stores (5251)with 1,800 square feet or less of gross floor area in the principal structure. 43. Health services, offices and clinics (8011-8049). 44 Home furniture and furnishings stores(5712-5719)with 5,000 square feet or less of gross floor area in the principal structure. 45. Home health care services(8082). 46. Household appliance stores (5722)with 5,000 square feet or less of gross floor area in the principal structure. 47. Insurance carriers, agents and brokers(6311-6399, 6411). 48. Labor unions(8631). 49. Landscape architects, consulting and planning (0781). 50. Laundries and drycleaning, coin operated—self service (7215). 51. Laundries,family and commercial (7211). 52. Legal services(8111). 53. Libraries(8231). 54. Loan brokers(6163). 55. Management services(8741 &8742). 56. Marinas (4493), subject to section 5.05.02 57. Membership organizations, miscellaneous (8699). 58. Mortgage bankers and loan correspondents(6162). 59. Museums and art galleries (8412). 60. Musical instrument stores(5736)with 5,000 square feet or less of gross floor area in the principal structure. 61. Paint stores (5231)with 5,000 square feet or less of gross floor area in the principal structure. , _ - ..;,, , : ,,. ii 62. Personal credit institutions (6141). 63. Personal services, miscellaneous(7299-babysitting bureaus, clothing rental, costume rental, dating service, debt counseling, depilatory salons, diet workshops, dress suit rental, electrolysis, genealogical investigation service,and hair removal only)with 5,000 square feet or less of gross floor area in the principal structure. 64. Personnel supply services (7361 &7363). 65. Photocopying and duplicating services(7334). 66. Photofinishing laboratories(7384). 67. Photographic studios, portrait(7221). 68. Physical fitness facilities (7991). 69. Political organizations(8651). 70. Professional membership organizations (8621). 71. Public administration (groups 9111-9199, 9229, 9311, 9411-9451, 9511-9532, 9611-9661). 72. Public relations services(8743). 73. Radio,television and consumer electronics stores (5731)with 5,000 square feet or less of gross floor area in the principal structure. 74. Radio,television and publishers advertising representatives (7313). 75. Real Estate(6531-6552). 76. Record and prerecorded tape stores (5735)with 5,000 square feet or less of gross floor area in the principal structure. 77. Religious organizations(8661). 78. Repair services-miscellaneous(7629-7631, 7699-bicycle repair, binocular repair, camera repair, key duplicating, lawmmnw r re.nair Ie.athe.r nnnric re.nair Inckcmith chnn nirti ire.framinn anri nnrke.thnnk re.nair nnlv) 79. Retail nurseries, lawn and garden supply stores(5261)with 5,000 square feet or less of gross floor area in the principal structure. 80. Retail services-miscellaneous (5921-5963 except pawnshops and building materials, 5992-5999 except auction rooms, awning shops, gravestones, hot tubs, monuments, swimming pools, tombstones and whirlpool baths)with 5,000 square feet or less of gross floor area in the principal structure. 81. Secretarial and court reporting services(7338). 82. Security and commodity brokers, dealer, exchanges and services(6211-6289). 83. Shoe repair shops and shoeshine parlors(7251). 84. Social services, individual and family(8322 activity centers, elderly or handicapped only; day care centers, adult and handicapped only). 85. Surveying services (8713). 86. Tax return preparation services (7291). 87. Travel agencies (4724, no other transportation services). 88. United State Postal Service (4311, except major distribution center). 89. Veterinary services(0742, excluding outdoor kenneling). 90. Videotape rental (7841)with 5,000 square feet or less of gross floor area in the principal structure. 91. Wallpaper stores (5231)with 5,000 square feet or less of gross floor area in the principal structure. 92. Any use which was permissible under the prior General Retail Commercial (GRC)zoning district, as identified by Zoning Ordinance adopted October 8, 1974, and which was lawfully existing prior to the adoption of this Code. 93. Any of the foregoing uses that are subject to a gross floor area limitation shall be permitted by right without the maximum floor area limitation if the use is developed as a component of a shopping center. 94. Any other commercial use or professional services which is comparable in nature with the foregoing uses including those that exclusively serve the administrative as opposed to the operational functions of a business and are associated purely with 6t, 95. Any other commercial or professional use which is comparable in nature with the (C-1)list of permitted uses and consistent with the purpose and intent statement of the district as determined by the board of zoning appeals pursuant to section 10.08.00 b. Accessory Uses. 1. Uses and structures that are accessory and incidental to the uses permitted as of right in the C-3 district. 2. Caretaker's residence, subject to section 5.03.05 3. Outside storage or display of merchandise when specifically permitted for a use, otherwise prohibited, subject to section 4.02.12 c. Conditional uses.The following uses are permissible as conditional uses in the commercial intermediate district(C-3), subject to the standards and procedures established in sections 4.02.02 and 10.08.00 1. Amusements and recreation services (7999-boat rental, miniature golf course, bicycle and moped rental, rental of beach chairs and accessories only). 2. Ancillary plants. 3. Bowling centers(7933). 4. Coin operated amusement devices (7993). 5. Courts(9211). 6. Dance Studios, schools and halls(7911). 7. Drinking places(5813)excluding bottle clubs. All establishments engaged in the retail sale of alcoholic beverages for on- premise consumption are subject to the locational requirements of section 5.05.01 8. Educational services(8221 &8222). 9. Fire protection (9224). 10. Food stores with greater than 5,000 square feet of gross floor area in the principal structure(groups 5411-5499). 11 Homeless shelters. 12. Hospitals (groups 8062-8069). 13. Legal counsel and prosecution (9222). 14. Mixed residential and commercial uses, subject to design criteria contained in section 4.02.38 except where superseded by the following criteria: A site development plan is approved pursuant to section 10.02.03 that is designed to protect the character of the residential uses and neighboring lands; ii. The commercial uses in the development may be limited in hours of operation, size of delivery trucks,and type of equipment; iii. The residential uses are designed so that they are compatible with the commercial uses; iv. Residential dwellings units are located above principal uses; v. Residential and commercial uses do not occupy the same floor of a building; vi. The number of residential dwellings units shall be controlled by the dimensional standards of the C-3 district,together with the specific requirement that in no instance shall the residential uses exceed 50 percent of the gross floor area of the building or the density permitted under the growth management plan; vii. Building height may not exceed two stories; viii. Each residential dwelling unit shall contain the following minimum floor areas: efficiency and one-bedroom, 450 square feet; two-bedroom,650 square feet;three-bedroom, 900 square feet; ix. The residential dwellings units shall be restricted to occupancy by the owners or lessees of the commercial units below; x. A minimum of thirty(30)percent of the mixed use development shall be maintained as open space. The following may be used to satisfy the open space requirements; areas used to satisfy water management requirements; landscaped areas; recreation areas; or setback areas not covered with impervious surface or used for parking (parking lot islands may not be used unless existing native vegetation is maintained); xi. The mixed commercial/residential structure shall be designed to enhance compatibility of the commercial and residential uses through such measures as, but not limited to, minimizing noise associated with commercial uses; directing commercial lighting away from residential units; and separating pedestrian and vehicular accessways and parking areas from residential units,to the greatest extent possible. 15. i6t Motion picture theaters, (7832-except drive-in). 16. Permitted food service (5812, eating places)uses with more than 6,000 square feet of gross floor area in the principal structure. 17. Permitted personal services, video rental or retail uses (excluding drug stores-5912)with more than 5,000 square feet of gross floor area in the principal structure. 18. Permitted use with less than 700 square feet gross floor area in the principal structure. 19. Public order and safety(9229). 20. Social services (8322-other than those permitted, 8331-8399) 21. Soup kitchens. 22. Theatrical producers and miscellaneous theatrical services (7922-community theaters only). 23. Vocational schools(8243-8299). 24. Any other intermediate commercial use which is comparable in nature with the foregoing list of permitted uses and consistent with the permitted uses and purpose and intent statement of the district, as determined by the board of zoning appeals pursuant to section 10.08.00 n n refit ATTACHMENT 7 LDC SECTION 2.03.03.B C-2 ZONING DISTRICT u Li r 6ft, P11,41 B. Commercial Convenience District(C-2). The purpose and intent of the commercial convenience district(C-2)is to provide lands where commercial establishments may be located to provide the small-scale shopping and personal needs of the surrounding residential land uses within convenient travel distance except to the extent that office uses carried forward from the C-1 district will expand the traditional neighborhood size. However,the intent of this district is that retail and service uses be of a nature that can be economically supported by the immediate residential environs.Therefore,the uses should allow for goods and services that households require on a daily basis, as opposed to those goods and services that households seek for the most favorable economic price and,therefore, require much larger trade areas. It is intended that the C-2 district implements the Collier County GMP within those areas designated agricultural/rural; estates neighborhood center district of the Golden Gate Master Plan;the neighborhood center district of the Immokalee Master Plan;and the urban mixed use district of the future land use element permitted in accordance with the locational criteria for commercial and the goals, objectives,and policies as identified in the future land use element of the Collier County GMP. The maximum density permissible in the C-2 district and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP. The maximum density permissible or permitted in a district shall not exceed the density permissible under the density rating system. 1. The following uses, as identified with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are permissible by right, or as accessory or conditional uses within the C-2 commercial convenience district. a. Permitted uses. 1. Accounting (8721). 2. Adjustment and collection services(7322). 3. Advertising agencies(7311). 4. Apparel and accessory stores(5611-5699)with 1,800 square feet or less of gross floor area in the principal structure. 5. Architectural services (8712). 6. Auditing (8721). 7. Automobile Parking, automobile parking garages and parking structures(7521 —shall not be construed to permit the activity of"tow-in parking lots"). 8. Banks,credit unions and trusts (6011-6099). 9. Barber shops(7241, except for barber schools). 10. Raai itv chnnc(7781 axrant for haauty crhnnIc) 16t 11. Bookkeeping services(8721). 12. Business consulting services(8748). 13. Business credit institutions(6153-6159). 14. Child day care services (8351). 15. Churches. 16. Civic, social and fraternal associations (8641). 17. Commercial art and graphic design (7336). 18. Commercial photography(7335). 19. Computer and computer software stores(5734)with 1,800 square feet or less of gross floor area in the principal structure. 20. Computer programming, data processing and other services (7371-7379). 21. Credit reporting services (7323). 22. Debt counseling (7299, no other miscellaneous services) 23. Direct mail advertising services(7331). 24. Eating places (5812,except contract feeding, dinner theaters, institutional food service, and industrial feeding)with 2,800 square feet or less of gross floor area in the principal structure). 25. Educational plants. 26. Engineering services(8711). 27. Essential services, subject to section 2.01.03 28. Food stores(groups 5411 -except supermarkets, 5421-5499)with 2,800 square feet or less of gross floor area in the principal structure. 29. Funeral services(7261, except crematories). 30. Garment pressing, and agents for laundries and drycleaners(7212). 31. Gasoline service stations (5541, subject to section 5.05.05). 32. General merchandise stores (5331-5399)with 1,800 square feet or less of gross floor area in the principal structure. 33. Glass stores(5231)with 1,800 square feet or less of gross floor area in the principal structure. 34. Group care facilities (category I and II, except for homeless shelters); care units,except for homeless shelters; nursing homes; assisted living facilities pursuant to F.S. §400.402 and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to F.S. §651 and ch.4-193 F.A.C.; all subject to section 5.05.04 35. Hardware stores (5251)with 1,800 square feet or less of gross floor area in the principal structure. 36. Health services, offices and clinics (8011-8049). 37. Home furniture and furnishings stores (5713-5719)with 1,800 square feet or less of gross floor area in the principal structure. 38. Home health care services(8082). 39. Insurance carriers, agents and brokers (6311-6399, 6411). 40. Landscape architects, consulting and planning (0781). 41. Laundries and drycleaning, coin operated—self service(7215). 42. Legal services(8111). 43. Libraries(8231, except regional libraries). 44. Loan brokers(6163). Management services(8741 &8742). 46. Mortgage bankers and loan correspondents(6162). 47. Musical instrument stores (5736)with 1,800 square feet or less of gross floor area in the principal structure. 48. Paint stores(5231)with 1,800 square feet or less of gross floor area in the principal structure. 49. Personal credit institutions (6141). 50. Photocopying and duplicating services (7334). 51. Photofinishing laboratories(7384). 52. Photographic studios, portrait(7221). 53. Physical fitness facilities(7991, permitted only when physically integrated and operated in conjunction with another permitted use in this district—no stand-alone facilities shall be permitted). 54. Public relations services (8743). 55. Radio,television and consumer electronics stores(5731)with 1,800 square feet or less of gross floor area in the principal structure. 56. Radio,television and publishers advertising representatives (7313). 57. Real Estate(6531-6552). 58. Record and prerecorded tape stores(5735)with 1,800 square feet or less of gross floor area in the principal structure. 59. Religious organizations (8661). 60. Repair services-miscellaneous(7629-7631, except aircraft, business and office machines, large appliances, and white goods such as refrigerators and washing machines). 61. Retail services-miscellaneous(5912, 5942-5961)with 1,800 square feet or less of gross floor area in the principal structure. R7 R6 :C Secretarial and court reporting services (7338). 63. Security and commodity brokers, dealer, exchanges and services (6211-6289). 64. Shoe repair shops and shoeshine parlors(7251). 65. Social services, individual and family(8322 activity centers, elderly or handicapped only; day care centers, adult and handicapped only). 66. Surveying services(8713). 67. Tax return preparation services (7291). 68. Travel agencies(4724, no other transportation services). 69. United State Postal Service(4311, except major distribution center). 70. Veterinary services(0742, excluding outdoor kenneling). 71. Videotape rental (7841)with 1,800 square feet or less of gross floor area in the principal structure. 72. Wallpaper stores (5231)with 1,800 square feet or less of gross floor area in the principal structure. 73. Any other commercial use or professional services which is comparable in nature with the foregoing uses including those that exclusively serve the administrative as opposed to the operational functions of a business and are associated purely with activities conducted in an office. 74. Any other commercial or professional use which is comparable in nature with the (C-1)list of permitted uses and consistent with the purpose and intent statement of the district as determined by the board of zoning appeals pursuant to section 10.08.00 b. Accessory Uses. 1. Uses and structures that are accessory and incidental to the customary uses permitted as of right in the C-2 district. 2. Where play areas are constructed as an accessory use to a permitted use,the following conditions shall apply: A minimum five and one-half(51/2)foot high reinforced fence shall be installed on all sides of the play area which are not open #n Oho nrinrineI c*r or*nre, ii. Ingress to and egress from the play area shall be made only from the principal structure, however an emergency exit from the play area shall be provided which does not empty into the principal structure. The play equipment shall be set back a minimum distance of five (5)feet from the required fence and from the principal structure. 3. Caretaker's residence, subject to section 5.03.05 4. Outside storage or display of merchandise when specifically permitted for a use, otherwise prohibited, subject to section 4.02.12 c. Conditional uses. The following uses are permissible as conditional uses in the commercial convenience district(C-2), subject to the standards and procedures established in section 10.08.00 1. Ancillary plants. 2. Educational services(8211, 8222). 3. Homeless shelters. 4. Mixed residential and commercial uses subject to design criteria contained in section 4.02.38 except where superseded by the following criteria: A site development plan is approved pursuant to section 10.02.03 that is designed to protect the character of the residential uses and neighboring lands; ii. The commercial uses in the development may be limited in hours of operation, size of delivery trucks, and type of equipment; The residential uses are designed so that they are compatible with the commercial uses; iv. Residential dwellings units are located above principal uses; v. Residential and commercial uses do not occupy the same floor of a building; vi. The number of residential dwellings units shall be controlled by the dimensional standards of the underlying district,together with the specific requirement that in no instance shall the residential uses exceed fifty(50%)percent of the gross floor area of the building or the density permitted under the growth management plan; vii. D..:1 1 .�� L...:..1.♦............a...........J a..... M\.n.....��. 16'c viii. Each residential dwelling unit shall contain the following minimum floor areas: efficiency and one-bedroom,450 square feet; two-bedroom, 650 square feet;three-bedroom, 900 square feet; ix. The residential dwellings units shall be restricted to occupancy by the owners or lessees of the commercial units below; x. A minimum of thirty(30)percent of the mixed use development shall be maintained as open space.The following may be used to satisfy the open space requirements;areas used to satisfy water management requirements; landscaped areas, recreation areas, or setback areas not covered with impervious surface or used for parking (parking lot islands may not be used unless existing native vegetation is maintained); xi. The mixed commercial/residential structure shall be designed to enhance compatibility of the commercial and residential uses through such measures as, but not limited to, minimizing noise associated with commercial uses;directing commercial lighting away from residential units; and separating pedestrian and vehicular accessways and parking areas from residential units,to the greatest extent possible. 5. Permitted personal service, video rental or retail uses with more than 1,800 square feet of gross floor area in the principal structure. 6. Permitted food service (eating places or food stores)uses with more than 2,800 square feet of gross floor area in the permitted principal structure. 7. Soup kitchens. 8. Any other convenience commercial use which is comparable in nature with the foregoing (C-2)list of permitted uses and consistent with the purpose and intent statement of the district, as determined by the board of zoning appeals pursuant to section 10.08.00 n n ATTACHMENT 8 LDC SECTION 5.05.05 AUTOMOBILE SERVICE STATIONS u Li t 6 t 5.05.05 - Automobile Service Stations ,tr A. The purpose of this section is to ensure that automobile service stations do not adversely impact adjacent land uses, especially residential land uses. The high levels of traffic, glare, and intensity of use associated with service stations, particularly those open twenty-four(24) hours, may be incompatible with surrounding uses, especially residential uses. Therefore, in the interest of protecting the health, safety, and general welfare of the public, the following regulations shall apply to the location, layout, drainage, operation, landscaping, parking, and permitted sales and service activities of automobile service stations. B. Table of site design requirements: Site Standards Minimum lot area (sq. ft.) 30,000 Minimum lot width (ft.) 150 Minimum lot depth (ft.) 180 Separation from adjacent automobile service stations (ft.) (based on 500 distance between nearest points) Minimum setbacks, all structures: 50 Front yard 40 Side yard 40 Rear yard C. Building architecture and signage requirements. 1. Building architecture shall meet the requirements of section 5.05.08 2. Signage for automobile service stations. The following are the only signs allowed in automobile service stations and convenience stores with gas pumps. a• Window, Wall, and other signs:As allowed in Section 5.06.00 of this Code. b. All canopies may have an illuminated corporate logo with a maximum area of 12 square feet shall be allowed on a canopy face which is adjacent to a dedicated street or highway. Otherwise, accent lighting, back lighting and accent striping are prohibited on canopy structures. c. One ground sign shall be permitted for each site and shall be placed within a 200 square foot landscaped area. Height is limited so that the top edge of the sign face is less than eight feet above grade. Maximum permitted area 60 square feet. d. Signage is prohibited above gas pumps. D. The following landscape requirements are in addition to the requirements of section 4.06.00 Landscaping and Buffering. 1. Right-of-way buffer landscaping: a. Landscaping adjacent to rights-of-way external to the development project shall be located within a landscape buffer easement which is a minimum of twenty- five (25)feet in width. Water management swales shall not be located within these buffer areas; however, water management facilities such as underground piping shall be permitted. b. 6c An undulating berm with a maximum slope of 3:1 shall be constructed along the entire length of the landscape buffer. The berm shall be constructed and maintained at a minimum average height of three (3)feet. The berm shall be planted with ground cover(other than grass), shrubs, hedges, trees, and palms. c. The required trees and palms shall be clustered in double rows with a minimum of three (3)trees per cluster. Canopy trees shall be planted a maximum of twenty(20)feet on center within a cluster. The use of palms within the right-of- way buffer shall be limited to landscaped areas adjacent to vehicular access points. Palms shall be planted in staggered heights, a minimum of three (3) palms per cluster, spaced at a maximum of eight(8)feet on center, with a minimum of a four(4)foot difference in height between each tree. Exceptions will be made for Roystonea spp. and Phoenix spp. (not including roebelenii) which may be planted one (1) palm per cluster. A maximum distance of twenty- five (25)feet between all types of tree clusters shall be maintained (See Illustration 1 below). d. All of the trees shall be a minimum of fourteen (14)feet in height at the time of installation. Trees shall have a minimum of a three and one-half(3%) inch caliper at twelve (12) inches above the ground and a six(6)foot spread. At installation, shrubs shall be a minimum of ten (10)gallon, five (5)feet in height, with a three (3)foot spread, planted four(4)feet on center. 2. Landscaping adjacent to all other property lines: a. Side property boundaries (other than those adjacent to rights-of-way)shall be planted with single row hedges consistent with the minimum requirements of section 4.06.00, Landscaping and Buffering. b. Rear property boundaries (other than those adjacent to road rights-of-way) shall be planted with a single row hedge. The hedge shall be a minimum height of four(4)feet at planting, planted at three (3)feet on center, and shall be maintained at a height of five (5)feet. C. Curbing shall be installed and constructed, consistent with minimum code requirements, between all paved areas and landscape areas. P6t ILLUSTRATION 1 III :., :?,''"�' ,- r + �:, r. ,r a. S44'VP•Kr u - 14 �^ TREE ITYP.) ..F° ya :Ali N,,..=:.1 _ ,- ..) .4 SIAgNC 414` 'riL, w ° 1 • ,RE" $10mo■■emmil ■■iai■ mrBalwU �r S �IE _ PALM ITVP.) — ti I � � •�a 26' WIDE_ CANOPY -171 ii ci 1 SUFFER I I y".Fc II LO:I BERM® 2' NT. .%�...�,I DOUBLE ROW®20' MAX 'i'f� 10 M 1 .4 DISTANCE BETWEEN TREES ,t a�WY MAX FROM l� � �J A T '� BETWEEN soT aI CLUSTERS �, MAX y t r' ._ 1w± � SPACING T N ti mu w yI`�' ,.r,,,_.71101:[ y � PALMS tias • .i7•IrsTAL-lt"--'' '.,AilitC ",*'g- el R.O.W. MAX GROUND op BETWEEN EDGE TREES INN. S PALMS PER CLUSTER AT PAVEMENT ENTRANCES AUTOMOBILE SERVICE STATION R.O.W. LANDSCAPE REQUIREMENTS AIL PIDPAIIED IV,CMOS Of GRAPINOS AMP TSCIRRCAL SUPPORT OOWMMTM R■LOPURIR AND SPORPONIMBUTAL SPMOOP OMSIOM OUT*SPOOR PID I0C4OQ44D RO Illustration 1.Auto Service Station R.O.W. Landscape Requirements E. Automobile service station sites shall be separated from adjacent residentially zoned or residentially developed properties by an architecturally designed six (6)foot high masonry wall or fence utilizing materials similar in color, module, and texture to those utilized for the building. Landscaping shall be planted on the residential side of the fence or wall. 1. The BZA may, by resolution, grant a waiver of part or all of the minimum separation requirements set forth herein if it is demonstrated by the applicant and determined by the BZA that the site proposed for development of an automobile service station is separated from another automobile service station by natural or man-made boundaries, structures, or other features which offset or limit the necessity for such minimum distance requirements. The BZA's decision to waive part or all of the distance requirements shall be based upon the following factors: tx, , a. Whether the nature and type of natural or manmade boundary, structure, or other feature lying between the proposed establishment and an existing automobile service station is determined by the BZA to lessen the impact of the proposed service station. Such boundary, structure, or other feature may include, but is not limited to, lakes, marshes, nondevelopable wetlands, designated preserve areas, canals, and a minimum of a four(4) lane arterial or collector right-of-way. b. Whether the automobile service station is only engaged in the servicing of automobiles during regular, daytime business hours, or, if in addition to or in lieu of servicing, the station sells food, gasoline, and other convenience items during daytime, nighttime, or on a twenty-four(24) hour basis. c. Whether the service station is located within a shopping center primarily accessed by a driveway, or if it fronts on and is accessed directly from a platted road right-of-way. d. Whether the granting of the distance waiver will have an adverse impact on adjacent land uses, especially residential land uses. F. Lighting. 1. All lighting facilities shall be directed away from adjoining properties. 2. On-site luminaries shall be of low level, indirect diffuse type, and shall not exceed a height of greater than twenty (20)feet above finished grade. 3. Lighting located underneath a canopy shall be of low level, indirect diffuse type designed to provide light only to the pump island areas located underneath said canopy. G. All restrooms shall be located inside or to the side or rear of the building. H. As required by section 5.03.04, a six (6)foot high enclosed trash area to be integrated with the design of the service station shall be provided. I. Storage tanks shall be located below grade. J. There shall be no outside displays of products, stacking of tires, or other merchandise. K. No automobile service station shall have an entrance or exit for vehicles within 200 feet along the same side of a street as a school, public playground, child care center, church, hospital, public library, or any institution for dependents or for children, except where such property is in another block. L. Color accent banding on gasoline canopy structures and all other structures is prohibited. Canopies shall be of one (1) color, consistent with the predominant color of the principal structure, if applicable. The color of all structures on-site shall be of soft earth tones or pastels. M. Each automobile service station shall provide the necessary infrastructure and pre-wiring in order to provide the capabilities for generator service in case of emergencies. N. In addition to the retail dispensing of automobile fuels and oil, only the following services may be rendered and sales made, except as indicated: 1. Sales and servicing of spark plugs, batteries, distributors, and distributor parts. 2. Sales, mounting, balancing, and repair of tires and wheel alignments, but not recapping of tires. 3. Sales and replacement of water hoses, fan belts, brake fluid, light bulbs, fuses, floor mats, wiper blades, grease retainers, wheel bearings, shock absorbers, mirrors, exhaust systems, and the like. 4. 16cc Provision of water, antifreeze, flushing of the cooling system, air conditioning recharge, and the like. 5. Providing and repairing fuel pumps and lines. 6. Minor motor adjustments not involving removal of the head or crankcase. 7. Greasing and lubrication. 8. Sales of cold drinks, candies, tobacco, and similar convenience goods for service station customers, but strictly and only as accessory and incidental to the principal business operation. 9. Provision of road maps and other information. 10. No mechanical work shall be allowed outside of the enclosed areas. 11. Oil drainage pits or appliances for such purpose or repair purposes shall be located within a wholly enclosed building. 12. Uses permissible at an automobile service station do not include major mechanical and body work, straightening of frames or body parts, steam cleaning, painting, welding, storage of automobiles (except as expressly permitted in subsection 13. below), commercial garage as an accessory use, or other work involving undue noise, glare, fumes, smoke, or other characteristics to an extent greater than normally found in such stations.An automobile service station is not a facility for the sale of automobile vehicles, a repair garage, a body shop, or a truck stop. 13. The temporary storage of vehicles shall be permitted if the vehicles are to be serviced at the service station or if the vehicles have been towed by the service station and are being held for servicing, for an insurance company, or for salvage. Any such vehicle (s), other than those vehicles serviced daily, shall be stored within an area surrounded by an opaque fence not less than six (6)feet high. Said vehicles shall not be stored longer than sixty (60)days. 14. Washing and polishing of automobiles and sale of automobile washing and polishing materials, but this only allows auto detailing as an accessory use. This provision does not allow carwashes except in those zoning districts where a carwash is a permitted use, and where such carwashes shall be subject to criteria specified in the zoning district. O. Procedural requirements are set forth in Chapter 10. P. Exceptions: 1. The site design standards set forth in 5.05.05 B. (table) shall not apply to, nor render non-conforming, any existing automobile service station or any automobile service station within a PUD in which a specific architectural rendering and site plan was approved as part of a rezoning action prior to July 5, 1998. 2. The site design standards set forth in 5.05.05 F.—M. or any other applicable development standard shall apply to existing automobile service stations pursuant to the provisions of 9.03.00 Nonconformities, and all other applicable sections of the Land Development Code. (Ord. No. 09-43, §3.A; Ord. No. 10-23, §3.JJ) n • tit ATTACHMENT 9 FLORIDA STATUTES SECTION 125.66 u ■ 16c Select Year: 20-173 Go I The 2012 Florida Statutes Title XI Chapter 125 View Entire COUNTY ORGANIZATION AND INTERGOVERNMENTAL COUNTY Chapter RELATIONS GOVERNMENT 125.66 Ordinances; enactment procedure; emergency ordinances; rezoning or change of land use ordinances or resolutions.— (1) In exercising the ordinance-making powers conferred by s. 1, Art. VIII of the State Constitution, counties shall adhere to the procedures prescribed herein. (2)(a) The regular enactment procedure shall be as follows: The board of county commissioners at any regular or special meeting may enact or amend any ordinance, except as provided in subsection (4), if notice of intent to consider such ordinance is given at least 10 days prior to said meeting by publication in a newspaper of general circulation in the county. A copy of such notice shall be kept available for public inspection during the regular business hours of the office of the clerk of the board of county commissioners. The notice of proposed enactment shall state the date, time, and place of the meeting; the title or titles of proposed ordinances; and the place or places within the county where such proposed ordinances may be inspected by the public. The notice shall also advise that interested parties may appear at the meeting and be heard with respect to the proposed ordinance. (b) Certified copies of ordinances or amendments thereto enacted under this regular enactment procedure shall be filed with the Department of State by the clerk of the board of county commissioners within 10 days after enactment by said board and shall take effect upon filing with the Department of State. However, any ordinance may prescribe a later effective date. (c) Whenever any ordinance has heretofore been enacted and a separate book of notices of intent was not kept by the clerk of the board of county commissioners, but a copy of the notice of intent was available for public inspection during the regular business hours of the clerk of the board of county commissioners, such ordinance is hereby validated. (3) The emergency enactment procedure shall be as follows: The board of county commissioners at any regular or special meeting may enact or amend any ordinance with a waiver of the notice requirements of subsection (2) by a four-fifths vote of the membership of such board, declaring that an emergency exists and that the immediate enactment of said ordinance is necessary. However, no emergency ordinance or resolution shall be enacted which establishes or amends the actual zoning map designation of a parcel or parcels of land or changes the actual list of permitted, conditional, or prohibited uses within a zoning category. Emergency enactment procedures for land use plans adopted pursuant to part II of chapter 163 shall be pursuant to that part. Certified copies of ordinances or amendments thereto enacted under this emergency enactment procedure by a county shall be filed with the Department of State by the clerk of the board of county commissioners as soon after enactment by said board as is practicable. An emergency ordinance enacted under this procedure shall be deemed to ,6tt be filed and shall take effect when a copy has been accepted by the postal authorities of the Government of the United States for special delivery by certified mail to the Department of State. (4) Ordinances or resolutions, initiated by other than the county, that change the actual zoning map designation of a parcel or parcels of land shall be enacted pursuant to subsection (2). Ordinances or resolutions that change the actual list of permitted, conditional, or prohibited uses within a zoning category, or ordinances or resolutions initiated by the county that change the actual zoning map designation of a parcel or parcels of land shall be enacted pursuant to the following procedure: (a) In cases in which the proposed ordinance or resolution changes the actual zoning map designation for a parcel or parcels of land involving less than 10 contiguous acres, the board of county commissioners, in addition to following the general notice requirements of subsection (2), shall direct its clerk to notify by mail each real property owner whose land the governmental agency will redesignate by enactment of the ordinance or resolution and whose address is known by reference to the latest ad valorem tax records. The notice shall state the substance of the proposed ordinance or resolution as it affects that property owner and shall set a time and place for one or more public hearings on such ordinance or resolution. Such notice shall be given at least 30 days prior to the date set for the public hearing, and a copy of such notice shall be kept available for public inspection during the regular business hours of the office of the clerk of the board of county commissioners. The board of county commissioners shall hold a public hearing on the proposed ordinance or resolution and may, upon the conclusion of the hearing, immediately adopt the ordinance or resolution. i(b) In cases in which the proposed ordinance or resolution changes the actual list of permitted, conditional, or prohibited uses within a zoning category, or changes the actual zoning map designation of a parcel or parcels of land involving 10 contiguous acres or more, the board of county commissioners shall provide for public notice and hearings as follows: 1. The board of county commissioners shall hold two advertised public hearings on the proposed ordinance or resolution. At least one hearing shall be held after 5 p.m. on a weekday, unless the board of county commissioners, by a majority plus one vote, elects to conduct that hearing at another time of day. The first public hearing shall be held at least 7 days after the day that the first advertisement is published. The second hearing shall be held at least 10 days after the first hearing and shall be advertised at least 5 days prior to the public hearing. 2. The required advertisements shall be no less than 2 columns wide by 10 inches long in a standard size or a tabloid size newspaper, and the headline in the advertisement shall be in a type no smaller than 18 point. The advertisement shall not be placed in that portion of the newspaper where legal notices and classified advertisements appear. The advertisement shall be placed in a newspaper of general paid circulation in the county and of general interest and readership in the community pursuant to chapter 50, not one of limited subject matter. It is the legislative intent that, whenever possible, the advertisement shall appear in a newspaper that is published at least 5 days a week unless the only newspaper in the community is published less than 5 days a week. The advertisement shall be in substantially the following form: NOTICE OF (TYPE OF) CHANGE The (name of local governmental unit) proposes to adopt the following by ordinance or resolution: (title of ordinance or resolution) . A public hearing on the ordinance or resolution will be held on (date and time) at (meeting place) . 16c Except for amendments which change the actual list of permitted, conditional, or prohibited uses within a zoning category, the advertisement shall contain a geographic location map which clearly indicates the area within the local government covered by the proposed ordinance or resolution. The map shall include major street names as a means of identification of the general area. In addition to being published in the newspaper, the map must be part of the online notice required pursuant to s. 50.0211. 3. In lieu of publishing the advertisements set out in this paragraph, the board of county commissioners may mail a notice to each person owning real property within the area covered by the ordinance or resolution. Such notice shall clearly explain the proposed ordinance or resolution and shall notify the person of the time, place, and location of both public hearings on the proposed ordinance or resolution. (5) Five years after the adoption of any ordinance or resolution adopted after the effective date of this act, no cause of action shall be commenced as to the validity of an ordinance or resolution based on the failure to strictly adhere to the provisions contained in this section. After 5 years, substantial compliance with the provisions contained in this section shall be a defense to an action to invalidate an ordinance or resolution for failure to comply with the provisions contained in this section. Without limitation, the common law doctrines of laches and waiver are valid defenses to any action challenging the validity of an ordinance or resolution based on failure to strictly adhere to the provisions contained in this section. Standing to initiate a challenge to the adoption of an ordinance or resolution based on a failure to strictly adhere to the provisions contained in this section shall be limited to a person who was entitled to actual or constructive notice at the time the ordinance or resolution was adopted. Nothing herein shall be construed to affect the standing requirements under part II of chapter 163. (6) The notice procedures required by this section are established as minimum notice procedures. History.—s. 1, ch. 69-32; ss. 10, 35, ch. 69-106; s. 1, ch. 70-422; s. 1,ch. 76-155; s. 1, ch. 77-331;s. 1,ch. 89-267; s. 1, ch. 90-152; s. 1, ch. 95-198; s. 2, ch. 95-310;s. 4, ch. 2012-212. 1Note.—Section 21, ch. 2012-212, provides that"[e]xcept as otherwise expressly provided in this act, this act shall take effect July 1, 2012, and shall apply to legal notices that must be published on or after that date." Copyright©1995-2012 The Florida Legislature • Privacy Statement • Contact Us *ft ATTACHMENT 10 NOTICE OF PUBLIC HEARING IN NAPLES DAILY NEWS u r 6 t Ir 220 » Friday,June 15,2012 ) NAPLES DAILY NEWS NOTICfOF PUBLIC HEARING • Notice is hereby given that on Tuesday, June 26, 2012; In the Board of County Commissioners meeting room, third floor, Collier Government Center, 3299 East •Tamlami Trail, Naples FL., the Board of Zoning Appeals(BZA) will consider the enactment Of a Resolution. The meeting will commence at 9:00 A.M. The title of the proposed Resolution is as follows A RESOLUTION OF THE BOARD OF ZONING .APPEALS OF COLLIER COUNTY, FLORIDA DETERMINING THAT-A,TIRE:STORE WITH MINOR AUTOMOTIVE REPAIRS IS A COMPARABLE AND COMPATIBLE LAND USE TO OTHER PERMITTED USES, AND THEREFORE, IS A :PERMITTED USE WITHIN THE BUSINESS DISTRICT'DESIGNATED AREA OF THE CREEKSIDE COMMERCE PARK. PUD, AS AUTHORIZED IN SECTION 4.3.A.14 OF ORDINANCE 06-50. THE SUBJECT PROPERTY IS LOCATED IN SECTION 27,TOWNSHIP 48 SOUTH,RANGE 25 EAST,COWER COUNTY,FLORIDA. A copy of the proposed Resolution is on file with the Clerk to the Board and is available for jnspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County manager prior to presentation of the agenda item to be. addressed. Individual speakers will be limited to,3 minutes on any item. The selection of any individual to speak on behalf of an organization:or group is encouraged. H. recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item, Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All materials used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal any 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 based. 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 3335 Tamlarni Trail East, Suite 101, Naples, FL 34112-5356i (239) 252=8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired'are available In the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLUER.COUNTY,FLORIDA FRED W.COYLE,CHAIRMAN DWIGHT E.BROCK,CLERK By: Martha Vergara • Deputy Clerk(SEAL) June 15.2012 • No_1952797 • 5 0/9 414(qt3 T 53 S I T 52 S I T 51 S I T 50 S T 49 S T 48 S I T 47 S T 48 S 4n ° 00. _�..�. N m C -,;. ' ,p0C-.,., r1==%---2.17...!_wrain 'IR rrT,, / ■i / + � p m O g / N 2 O p£ ^ R l m Pa 2 Y O ,4 , /� ,''//N � �• 4 � a$Sm C Z I N m its 0,1 °p 3 Al m 4� (�",�\1 u $D en 941; J`i .....'� 5, mum= 5 cA c w T N a '�! 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Zm°3> —1 16.7 c6' 1 \--- Z:ultjz- ...... , f, ,. „ _I 2'''' ■ V..g1 , .„....._ .., 9 —II ' ° 37,nO'n-r1 a t-- , 0 s, e, •••■••■ I - I ''77' s. ___------ - - 2., Po Z rrl Z . m n' 3 0" ' --r, n g ; I , F_,0 > 0 ,...., 5. -,' --r-, ---r- .8' 8 o 0 1 tine'*-a31".'" 0 -n T I e8 J', _ > ,.. _Jo-- , E 2 0 > -?-‘ Z 4, : 231 SANTA BARBARA BLVMPIFIr I _ r a _ ( ,*.uk' all z 0 I I I 0?,,' o in> ,— 'I" T Ei K Li2 L___=9:-------- ---------------"------ o 0 —I n < Pri ..'5- to , ). .:, 0 m 0 m 5 Z _ > =„7/---- t------,,, VT, V - 2 M t Z NN ,, _ Am rim , =Mk G9 t s .1' 1 0 S , . Item 103 January 8, 2013 EXECUTIVE SUMMARY Recommendation to approve agreements for planning, permitting, engineering services and construction phase services related to Clam Pass and approve associated budget amendments. OBJECTIVE: To authorize the necessary agreements with consultants and budget amendments to prepare for the immediate dredging of Clam Pass once all final permits have been issued. Commissioners on January 8, 2013 (Item 10R) CONSIDERATIONS: The Board of County dredging the recent closure of Clam Pass to constitute a valid public emergency requiring Bred g the pass as soon as practicable. On December 11, 2012,Item 10AC,the Board directed Turrell,Hall&Associates to prepare a work to the order under contract 10-5571 to update the existing a Bay rov datghea ttachPlan od t der from Board at the next meeting. Staff received, revie pP Turrell,Hall&Associates for$28,000 per Board approved contract 10-5571. Additional services related to the emergency dredging at Clam Pass, include a Pelican Bay Services Division (PBSD) staff app roved purchase order for surveying services to Agnoli, Barber and Brundage for $18,400 under Competitive Consultant Negotiation Act (CCNA) competitive solicitation and contract 09-5262. Pelican Bay Services Division staff is also requesting the approval of a purchase/work order with Humiston and Moore for $76,360 to finalize permit plans,as, complete construction drawings and provide construction theterms and hourly rates of this emergency Pass. County staff and Humiston and Moore agree engagement are to be consistent with those agreed to under contract 08-5124 Pursuant to Florida Statute 287.055 (3) (a) (1), the CCNA provisions for the procurement of professional services may be waived if a valid public emergency has been declared. The Board's Purchasing Policy XXI and VA 3 and 4 provides for the l that emergency.ergency and the waiver of competition to procure the necessary services to respond to FISCAL IMPACT: The quoted cost for planning, permitting, engineering services and construction phase services related to the emergency dredging of Clam Pass is $122,760. The estimate can be broken down as follows: Permit& Construction Inlet&Bay Construction Phase Firm Name Permitting Mgt. Plan Drawings Services Surveying Total Source of Funds (195) (320) (195) (195) ' (195) 28,000 Turrel , Hall &Associates 16,000 12,000 18,400 18,400 Agnoli, Barber&Brundage 76,360 23,650 52,710 Humiston and Moore 122,760 Total I if's e 10S January 8 , 2013 Presently the Turrell, Hall & Associates work order in the amount of$28,000 for dredge permitting and updating the Inlet and Bay Management Plan is funded from the Pelican Bay Services Fund (320). As shown above, a portion of the work is eligible for Tourist Development Tax (TDT) funding and is proposed to be reallocated to TDC Fund (195) once sufficient budget is established. The Agnoli, Barber and Brundage and Humiston and Moore work orders for surveying and engineering and construction phase services are eligible for Tourist Development Tax funding.. Staff is recommending a budget amendment be processed in TDC Beach Renourishment Fund (195) moving $110,760 plus a 5% contingency allowance from reserves into a funded program for Clam Pass Dredging and that the eligible component of the Turrell, Hall & Associates work order be moved from Pelican Bay Services Fund (320) to the newly established Clam Pass Dredging project in Fund(195). Dredging costs are not included in this executive summary. GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney. This item is in essence a companion item to Agenda Item 10-R. Item 10-R requests that "the Board of County Commissioners declares the recent closure of Clam Pass to constitute an emergency situation, requiring dredging the pass as soon as practicable; that in furtherance of this the Board directs the County Manager to obtain pricing information for this project from at least two prospective vendors, including any potential vendors with dredges already operating off the west coast of Florida, and that the County Manager negotiate and enter into an Agreement with the apparent low bidder, subject to ratification by the Board, preferably at the next Board meeting." The services requested by this Executive Summary are necessary for the dredging requested in Item 10-R. The public announcements and qualification procedures required by the Consultant's Competitive Negotiation Act do not apply "in cases of valid public emergencies certified by the agency head." Accordingly, this item is legally sufficient provided that the Board declared the emergency as requested in Item 10-R,and requires majority support for approval. —JAK RECOMMENDATION: That in furtherance of the Board's declared emergency for the dredging of Clam Pass and in accordance with Florida Statute 287.055 (3 (a) 1) and the Board's Purchasing Policy XXI and VA 3 and 4, the Board approves the PBSD staff initiated work orders to Turrell, Hall & Associates for $28,000 per Board approved contract 10-5571 and the surveying services related to Clam Pass to Agnoli, Barber per Board approved contract 09-5262; approves the purchase/work order to Humiston and Moore to complete the planning, permitting, engineering and construction phase services related to Clam Pass consistent with the terms and rates of contract 08- 5124; and approves all associated budget amendments. SUBMITTED BY: Commissioner Georgia Hiller,District 2 Attachments: 1. Turrell,Hall&Associates Work Order 2. Executed Purchase Order,Proposal and Work Order to Agnoli,Barber and Brundage 3. Proposed Work Order for Humiston and Moore 4. Contract Terms and Rates 08-5124 los Contract#08-5124 Fixed Term Physical and Biological Monitoring Services for Collier County Coastal Zone Management Projects FIXED TERM CONTRACT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made and entered into this o11.4" day of /VA mirc 2009, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "COUNTY" or "OWNER") and Humiston & Moore Engineers, P.A., authorized to do business in the State of Florida, whose business address is 5679 Strand Court, Naples,Florida 34110 (hereinafter referred to as the "CONSULTANT"). WI:TNESSETH: WHEREAS, it is in the best interests of OWNER to be able to obtain professional CONSULTANT physical and biological monitoring services expeditiously when a need arises in connection with a Collier County project; and WHEREAS, Section 287.055, Florida Statutes (Consultant's Competitive Negotiation Act), makes provisions for a fixed term contract with a firm to provide professional services to a political subdivision, such as the County; and . WHEREAS, OWNER has selected CONSULTANT in accordance with the provisions of Section 287.055, Florida Statutes, to provide professional physical and biological services on a fixed term basis as directed by OWNER for such projects and tasks as may be required from time to time by OWNER. • ilia` S NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows: ARTICLE 1 CONSULTANT'S RESPONSIBILITY. 1.1 From time to time upon the written request or direction of OWNER as hereinafter provided, CONSULTANT shall provide to OWNER professional physical and biological monitoring services for Coastal Zone Management Projects (hereinafter the "Services") as herein set forth. The term "Services" includes all Additional Services authorized by written Amendment or Change Order as hereafter provided. 1.2 All Services to be performed by CONSULTANT pursuant to this Agreement shall be in conformance with the scope of services, which shall be described in a Work Order issued pursuant to the procedures described herein. The form of the Work Order is set forth in attached Schedule A. Reference to the term 'Work Order" herein, with respect to authorization of Services, includes all written Amendments or Change Orders to any particular Work Order. CONSULTANT acknowledges and agrees that each individual Work Order shall not exceed $200,000 unless otherwise approved in writing by the Board of County Commissioners, and that the total initial compensation for all Work Orders issued under this Agreement shall not exceed $750,000 annually, unless otherwise approved in writing by the.Board of County Commissioners of Collier County. 1.2.1 All Services must be authorized in writing by OWNER in the form of a Work Order. CONSULTANT shall not provide any Services to OWNER unless and to the extent they are required in a written Work Order. Any Services provided by CONSULTANT without a written Work Order shall be at CONSULTANT'S own risk and OWNER shall have no liability for such Services. 2 1 0 S 1.2.2 As OWNER identifies certain Services it wishes CONSULTANT to provide pursuant to the terms of this Agreement, OWNER shall request a proposal from CONSULTANT for such Services, said proposal to be in compliance with the terms of this Agreement. If the parties reach an agreement - with respect to such Services, including, but not limited to the scope, compensation and schedule for performance of those Services, a Work Order shall be prepared which incorporates the terms of the understanding reached by the parties with respect to such Services and if both parties are in agreement therewith, they shall jointly execute the Work Order. 1.2.3 Upon execution of a Work Order as aforesaid, CONSULTANT agrees to promptly provide the Services required thereby, in accordance with the terms of this Agreement and the subject Work Order. 1.2.4 It is mutually understood and agreed that the nature, amount and frequency of the Services shall be determined solely by OWNER and that OWNER does not represent or guarantee unto CONSULTANT that any specific amount of Services will be requested or required of CONSULTANT pursuant to this Agreement. . 1.2.5 CONSULTANT shall have no authority to act as the agent of OWNER under this Agreement or any Work Order, or to obligate OWNER in any manner or way. 1.2.6 All duly executed Work Orders (including all written Amendments or Change Orders • thereto) are hereby incorporated into and made a part of this Agreement by reference. 1.3 The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement all such licenses as are required- to do business in the State of Florida and in Collier County, Florida, including, but not limited to, all licenses required by the respective state boards and other • 3 ics governmental agencies responsible for regulating and licensing the professional Services to be provided and performed by the CONSULTANT pursuant to this Agreement. 1.4 The CONSULTANT agrees that, when the Services to be provided hereunder relate to a professional service which, under Florida Statutes, requires a license, certificate of authorization or other form of legal entitlement to practice such Services, it shall employ and/or retain only qualified personnel to provide such Services to OWNER. 1.5 CONSULTANT hereby designates Kenneth K. Humiston, P.E. as its Principal in Charge (hereinafter referred to as the "Principal in Charge") with full authority to bind and obligate CONSULTANT on all matters arising out of or relating to this Agreement. In each Work Order CONSULTANT will designate a qualified licensed professional to serve as CONSULTANT'S project coordinator for the Services to be provided under that Work Order (hereinafter referred to as the "Project Coordinator"). The Project Coordinator is authorized and responsible to act on behalf of the CONSULTANT with respect to directing;coordinating and administering all aspects of the Services to be provided and performed under the Work Order. Further, the Project Coordinator has full authority to bind and obligate the CONSULTANT on all matters arising out of or relating to the Work Order. The CONSULTANT agrees that the Principal in Charge and the Project Coordinators shall devote whatever time is required to satisfactorily manage the services to be provided and performed by the CONSULTANT under the Work Order. CONSULTANT further agrees that the Principal in Charge and Project Coordinators shall not be removed by CONSULTANT without OWNER'S prior written approval, and if so removed must be immediately replaced with a person acceptable to OWNER. 1.6 CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request from OWNER to promptly remove and replace the Principal in Charge or any Project Coordinator, or any • 4 los other personnel employed or retained by the CONSULTANT, or any subconsuitants or subcontractors or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to provide and perform any of the Services pursuant to the requirements of this Agreement or any applicable Work Order, said request may be made with or without cause. Any personnel so removed must be immediately replaced with a person acceptable to OWNER. 1.7 The CONSULTANT represents to the OWNER that it has expertise and experience in the type of professional physical and biological monitoring services for Coastal Zone Management projects that will be required under this Agreement. The CONSULTANT agrees that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to the OWNER'S review and approval and shall be in accordance with the generally accepted standards of professional practice in the State of Florida, as well as in accordance with all applicable laws, statutes, ordinances, codes, rules, regulations and requirements of any governmental agencies, including the Florida. Building Code where applicable, which regulate or have jurisdiction over the Services to be provided and performed by CONSULTANT hereunder. In the event of any conflicts in these requirements, the CONSULTANT shall notify the OWNER of such conflict and utilize its best professional judgment to advise OWNER regarding resolution of each such conflict. OWNER'S approval of any design documents in no way relieves CONSULTANT of its obligation to deliver complete and accurate documents necessary for successful completion of the Services required under the subject Work Order. 1.7.1 The County reserves the right to deduct portions of the (monthly) invoiced (task) amount for the following: Tasks not completed within the expressed time frame, including required deliverables, incomplete and/or deficient documents, failure to comply with local, state and/or federal requirements and/or codes and ordinances applicable to Consultant's performance of the work as related to the project. This list is not deemed to be all-inclusive, and the County reserves the right to make sole 5 . ' • S • determination regarding deductions. After notification of deficiency, if the Consultant fails to correct the deficiency within the specified timeframe, these funds would be forfeited by the Consultant. The County may also deduct or charge the Consultant for services and/or items necessary to correct the deficiencies directly related to the Consultant's non-performance whether or not the County obtained substitute performance. 1.8 CONSULTANT agrees not.to divulge, furnish or make available to any third person, firm or organization, without OWNER'S prior written consent, or unless incident to the proper performance of the CONSULTANT'S obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non-public information concerning the Services to be rendered by CONSULTANT hereunder, and CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to comply with the provisions of this paragraph. CONSULTANT shall provide OWNER prompt written notice of any such subpoenas. 1.9 As directed by OWNER, all plans and drawings referencing a specific geographic area must be submitted in an AutoCad Digital Exchange File (DXF) format on a CD or DVD, drawn in the Florida State Plane East (US Feet) Coordinate System (NAD 83/90).The drawings should either reference specific established Survey Monumentation;such as Certified Section Corners (Half or Quarter Sections are also acceptable), or when implemented, derived from the RTK (Real-Time Kinematic) GPS Network as provided by OWNER. Information layers shall have common naming conventions (i.e. right-of-way- ROW, centerlines- CL, edge-of-pavement- EOP, etc), and adhere to industry standard CAD specifications. 6 ARTICLE 2 ADDITIONAL SERVICES OF CONSULTANT 2.1 If authorized in writing by Owner through an Amendment or Change Order to a Work Order, CONSULTANT shall furnish or obtain from others Additional Services beyond those Services originally authorized in the Work Order. The agreed upon scope, compensation and schedule for Additional Services shall be set forth in the Amendment or Change Order authorizing those Additional Services. With respect to the individuals with authority to authorize Additional Services under this Agreement, such authority will be as established in OWNER'S Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. Except in an emergency endangering life or property, any Additional Services must be approved in writing via an Amendment or Change Order to the subject Work Order prior to starting such services. OWNER will not be responsible for the costs of Additional Services commenced without such express prior written approval. Failure to obtain such prior written approval for Additional Services will be deemed: (i) a waiver of any claim by CONSULTANT for such Additional Services and (ii) an admission by CONSULTANT that such Work is not additional but rather a part of the Services originally required of CONSULTANT,under the subject Work Order. 2.2 If OWNER determines that a change in a Work Order is required because of the action taken by CONSULTANT in response to an emergency, an Amendment or Change Order shall be issued to document the consequences of the changes or variations, provided that CONSULTANT has delivered written notice to OWNER of the emergency within forty-eight (48) hours from when CONSULTANT knew or should have known of its occurrence. Failure to provide the forty-eight (48) hour written notice noted above, waives CONSULTANTS right it otherwise may have had to seek an adjustment to its compensation or time of performance under the subject Work Order. 7 0 s ARTICLE 3 OWNER'S RESPONSIBILITIES 3.1 As OWNER identifies certain Services it wishes CONSULTANTS, awarded under this agreement, to provide pursuant to the terms of this Agreement, OWNER shall request proposals from the awarded CONSULTANTS contracted under this agreement for such Services. Proposals will be submitted in the form of a written narrative, including a resource loaded spreadsheet, and a proposed schedule of work, said proposal to be in compliance with the terms of this Agreement. An informal selection committee of no less than three (3) staff members will review the proposals. Consideration will be given to proposals that responsibly maximize the net economic benefit to the County over the term of the project in order to meet budgetary requirements. Multiple projects can be reviewed simultaneously. The firm submitting the selected proposal(s) will be required to submit a cost loaded spreadsheet(s). If the parties reach an agreement with respect to such Services, including, but not limited to, the scope, compensation and schedule for performance of those Services, a Work Order shall be prepared which incorporates the terms of the understanding reached by the parties with respect to. such Services. Should the County be unable to negotiate a satisfactory Work Order with the selected firm, the County shall continue negotiations in accordance with F.S. 287.055, with the second firm. Work Orders may be assigned on a zone by zone basis,and may include multiple projects. 3.2 For each Work Order, OWNER shall designate in writing a project manager to act as OWNER'S representative with respect to the Services to be rendered under the Work Order (hereinafter referred to as the "Project Manager"). The Project Manager shall have authority to 8 • • 10S transmit instructions, receive information, interpret and define OWNER'S policies and decisions with respect to CONSULTANT'S Services under the Work Order. However, the Project Manager is not authorized to issue any verbal or written orders or instructions to the CONSULTANT that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever: (a) The scope of Services to be provided and performed by the CONSULTANT as set forth in the Work Order; (b) The time the CONSULTANT is obligated to commence and complete all such Services as set forth in the Work Order; or (c) The amount of compensation the OWNER is obligated or committed to pay the CONSULTANT as set forth in the.Work Order. 3.3 The Project Manager shall: (a) Review and make appropriate recommendations on all requests submitted by the CONSULTANT for payment for services and work provided and performed in accordance with this Agreement; (b) Provide all criteria and information requested by CONSULTANT as to OWNER'S requirements for the Services specified in the Work Order, including. design objectives .and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; (c) Upon request from CONSULTANT, assist CONSULTANT by placing at CONSULTANT'S disposal all available information in the OWNER'S possession. pertinent to the Services specified in the Work Order, including existing drawings, specifications, shop drawings, product literature, previous reports and any other data relative to the subject Work Order; 9 s (d) Arrange for access to and make all provisions for CONSULTANT to enter the site (if any) set forth in the Work Order to perform the Services to be provided by CONSULTANT under the subject Work Order; and (e) Provide notice to CONSULTANT of any deficiencies or defects discovered by the OWNER with respect to the Services to be rendered by CONSULTANT hereunder. ARTICLE 4 TIME 4.1 Each Work Order will have a time schedule ("Schedule") for.the performance of the Services required under the subject Work Order. Said Schedule shall be in a form and content satisfactory to OWNER. Services to be rendered by CONSULTANT shall be commenced, performed and completed in accordance with the Work Order and the Schedule. Time is of the essence with respect to the performance of the Services under each Work Order. 4.2 Should CONSULTANT be obstructed or delayed in the prosecution or completion of the Services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts of government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes or lock-outs, then CONSULTANT shall notify OWNER in writing within five (5) working days after commencement of such delay, stating the specific cause or causes thereof, or be deemed to have waived any right which CONSULTANT may have had to request a time extension for that specific delay. 4.3 Unless otherwise expressly provided in the Work Order, no interruption, interference,. inefficiency, suspension or delay in the commencement or progress of CONSULTANT'S Services from any cause whatsoever, including those for which OWNER may be responsible in whole or in 10 s part, shall relieve CONSULTANT of its duty to perform or give rise to any right to damages or additional compensation from OWNER. CONSULTANTS sole remedy against OWNER will be the right to seek an extension of time to the Schedule; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. • This paragraph shall expressly apply to.claims for early completion, as well as claims based on late completion. 4.4 Should the CONSULTANT fail to commence, provide, perform or complete any of the Services to be provided hereunder in a timely manner, in addition to any other rights or remedies available to the OWNER hereunder, the OWNER at its sole discretion and option may withhold any and all payments due and owing to the CONSULTANT under this Agreement (including any and all Work Orders) until such time as the CONSULTANT resumes performance of its obligations hereunder in such a manner so as to reasonably establish to the OWNER'S satisfaction that the CONSULTANT'S performance is or will shortly be back on schedule. 4.5 In no event shall any approval by OWNER authorizing CONSULTANT to continue performing Work under any particular Work Order or any payment issued by OWNER to CONSULTANT be deemed a waiver of any right or claim OWNER may have against CONSULTANT for delay or any other damages hereunder. 4.6 The period of service shall be from the date of execution of this Agreement for a period of twenty four (24) months from that date, or until such time as all outstanding Work Orders issued prior to the expiration of the Agreement period have been completed. This Agreement may be renewed for two additional terms of twelve (12) months, renewable annually. Any such annual renewal shall be agreed to, in writing, by both parties. 11 • • • 1D ARTICLE 5 COMPENSATION • 5.1 Compensation and the manner of payment of such compensation by the OWNER for Services rendered hereunder by CONSULTANT shall be as prescribed in each Work Order. CONSULTANT agrees to furnish to OWNER, after the end of each calendar month, or as specified in the Work Order, a comprehensive and itemized statement of charges for the Services performed and rendered by CONSULTANT during that time period, and for any OWNER authorized reimbursable expenses as herein below defined, incurred and/or paid by CONSULTANT during that time period. The monthly statement shall be in such form and supported by such documentation as may be required by OWNER. All such statements shall be on CONSULTANT'S letterhead and shall indicate the Agreement Number, Work Order Number, Purchase Order Number and Project Site description (if any). 5.2 The compensation (whether based upon a negotiated lump sum, time and materials, hourly with a cap or some other agreed to format) contained in each separate Work Order shall be based on the hourly rates as set forth and identified in Schedule B which is attached hereto, for the time reasonably expended by CONSULTANT'S personnel in performing the Services. The Rate Schedule may be updated by mutual agreement on an annual basis, in conjunction with the annual renewal of this Agreement provided for in paragraph 4.6 above, as directed by OWNER. 5.2.1 OWNER agrees to reimburse CONSULTANT for all necessary and reasonable reimbursable expenses incurred or •paid by CONSULTANT in connection with CONSULTANT'S performance of the Services, at its direct cost with no markup, to the extent such reimbursement is permitted in the Work Order and in accordance with Section 112.061, F.S., or as set forth below. 12 • • los 5.2.2 Reimbursable expenses shall be invoiced for the expenditures incurred by the CONSULTANT as follows: 5.2.2.1. Expenses of transportation and living when traveling in connection with each Work Order, except for local travel within Collier or Lee Counties, as provided in Section 112.061, F.S., and all Contract-related mileage for trips that are from/to destinations outside of Collier or Lee Counties approved by OWNER. 5.2.2.2 Expenses for reproducing documents that exceed the number of documents described in this Agreement and postage and handling of Drawings and Specifications, including duplicate sets at the completion of each Work Order for the OWNER'S review and approval. 5.2.2.3. Expense of overtime work requiring higher than regular rates approved in advance and in writing by OWNER. 5.2.2.4. Expense of models for the OWNER'S use. 5.2.2.5 Fees paid for securing approval of authorities having jurisdiction over the Work Order required under the applicable Work Order. 5.2.2.6 Other items on request and approved in writing by the OWNER. 5.2.3 CONSULTANT shall obtain the prior written approval of OWNER before incurring any of the aforesaid reimbursable expenses, and absent such prior approval, no expenses incurred by CONSULTANT will be deemed to be a reimbursable expense. 5.3 CONSULTANT shall bear and pay all overhead and other expenses, except for .authorized reimbursable expenses, incurred by CONSULTANT in the performance of the Services. 13 • 5.4 Prior to issuing any Work Order pursuant to this Agreement, OWNER may request that CONSULTANT in writing advise OWNER of(i) the estimated time of CONSULTANT'S personnel and the estimated fees thereof for the proposed work to be specified in the Work Order; and (ii) the estimated charge to OWNER for the reimbursable expenses applicable to the contemplated Services to be performed by CONSULTANT under the proposed Work Order. CONSULTANT shall promptly supply such estimate to OWNER based on CONSULTANT'S good faith analysis. 5.5 CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be utilized by CONSULTANT on any particular Work Order, CONSULTANT shall be limited to a maximum markup of five percent (5%) on the fees and expenses associated with such subconsultants and subcontractors. 5.6 Payments for Basic Services and Additional Basic Services as set forth herein or the Work Order shall be made upon presentation of the CONSULTANT'S itemized invoice approved by OWNER. . 5.7 Records of Reimbursable Expenses shall be kept on a generally recognized accounting basis. ARTICLE 6 OWNERSHIP OF DOCUMENTS 6.1 Upon the completion or termination of each Work Order, as directed by OWNER, CONSULTANT shall deliver to OWNER copies or originals of all records, documents, drawings, notes, tracings, plans, Auto CADD files, specifications, maps, evaluations, reports and.other technical data, other than working papers, prepared or developed by or for CONSULTANT under the applicable Work Order ("Project Documents"). OWNER shall specify whether the originals or copies of such . 14 . 1 0 s Project Documents are to be delivered by CONSULTANT. CONSULTANT shall be solely responsible for all costs associated with delivering to OWNER the Project Documents. CONSULTANT, at its own expense, may retain copies of the Project Documents for its files and internal use. 6.2 Notwithstanding anything in this Agreement to the contrary and without requiring OWNER to pay any additional* compensation, CONSULTANT hereby grants to OWNER a nonexclusive, irrevocable license in all of the Project Documents for OWNER'S use with respect to the applicable. authorized project or task. CONSULTANT warrants to OWNER that it has full right and authority to grant this license to OWNER. Further, CONSULTANT consents to OWNER'S use of the Project Documents to complete the subject project or task following CONSULTANT'S termination for any reason or to perform additions to or remodeling, replacement or renovations of the subject project or task. CONSULTANT also acknowledges OWNER may be making Project Documents available for review and information to various third parties and hereby consents to such use by OWNER. ARTICLE 7 MAINTENANCE OF RECORDS 7.1 CONSULTANT will keep adequate records and supporting documentation which concern or reflect the Services hereunder. The records and documentation will be retained by CONSULTANT for a minimum of five (5) years from (a) the date of termination of this Agreement or (b) the date the Work Order is completed, whichever is later, or such later date as may be required.by law. OWNER, or any duly authorized agents or representatives of OWNER, shall, free of charge, have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the five (5) year period noted above, or such later date as 15 • 103 may be required by law; provided, however, such activity shall be conducted only during normal business hours. 7.2 The records specified above in paragraph 7.1 include accurate time records, which CONSULTANT agrees to keep and maintain, from day to day, showing the time expended by each principal and employee of CONSULTANT in performing the Services and therein specifying the services performed by each, with all such time records to be kept within one-half of an hour: At the request of OWNER, or as specified in the Work Order, CONSULTANT shall furnish to OWNER any of the aforesaid time records, as well as invoices or proofs showing CONSULTANT'S incurrence and/or payment of any reimbursable expenses. • ARTICLE 8 INDEMNIFICATION 8.1 To the maximum extent permitted by law, CONSULTANT shall indemnify and hold harmless OWNER, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or anyone employed or utilized by the CONSULTANT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph 8.1. . I 16 S - ARTICLE 9 INSURANCE 9.1 CONSULTANT shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts described herein and further set forth in Schedule C to this Agreement. 9.2 All insurance shall be from responsible companies duly authorized to do business in the State of Florida. 9.3 All insurance policies required by this Agreement shall include the following provisions and conditions by endorsement to the policies: 9.3.1 All insurance policies, other than the Business Automobile policy, Professional Liability policy, and the Workers Compensation policy, provided by CONSULTANT to meet the requirements of this Agreement shall name Collier County Board of County Commissioners, Collier County, Florida, as • an additional insured as to the operations of CONSULTANT under this Agreement and shall contain a severability of interests provisions. 9.3.2 Companies issuing the insurance policy or policies shall have no recourse against OWNER for payment of premiums or assessments for any deductibles which all are at the sole responsibility and risk of CONSULTANT. 9.3.3 All insurance coverages of CONSULTANT shall be primary to any insurance or self- insurance program carried by OWNER, and the "Other Insurance" provisions of any policies obtained by CONSULTANT shall not apply to any insurance or self-insurance program carried by OWNER. • 17 • • 1 0 IS 9.3.4 The Certificates of Insurance, which are to be provided in an Occurrence Form patterned after the current I.S.O. form with no limiting endorsements, must reference and identify this Agreement. • 9.3.5 All insurance policies shall be fully performable in Collier County, Florida, and shall be construed in accordance with the laws of the State of Florida. 9.4 CONSULTANT, its subconsultants and OWNER shall waive all rights against each other for damages covered by insurance to the extent insurance proceeds are paid and received by OWNER, except such rights as they may have to the proceeds of such insurance held by any of them. 9.5 All insurance companies from. whom CONSULTANT obtains the insurance policies required hereunder must meet the following minimum requirements: 9.5.1 The insurance company must be duly licensed and authorized by the Department of Insurance of the State of Florida to transact the appropriate insurance business in the State of Florida. 9.5.2 The insurance company must have a current A. M. Best financial rating of "Class VI" or higher. ARTICLE 10 SERVICES BY CONSULTANT'S OWN STAFF 10.1 The Services to be performed hereunder shall be performed by CONSULTANTS own staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with, or use of the services of any other person or firm by CONSULTANT, as independent consultant or otherwise, shall be subject to the prior written approval of the OWNER. No provision of this Agreement shall, 18 . • • los however, be construed as constituting an agreement between the OWNER and any such other person or firm. Nor shall anything in this Agreement be deemed to give any such party or any third party any claim or right of action against the OWNER beyond such as may then otherwise exist without regard to this Agreement. 10.2 Attached to each Work Order shall be a Schedule that lists all of the key personnel CONSULTANT intends to assign to perform the Services required under that Work Order. Such personnel shall be committed to the project or task specified in the Work Order in accordance with the percentages noted in the attached Schedule. CONSULTANT shall also identify in that Schedule each subconsultant and subcontractor it intends to utilize with respect to the subject Work Order. All personnel, subconsultants and subcontractors identified in the Schedule shall not be removed or replaced without OWNER'S prior written consent. 10.3 CONSULTANT is liable for all the acts or omissions of its subconsultants or subcontractors. By appropriate written agreement, the CONSULTANT shall require each subconsultant or subcontractor, to the extent of the Services to be performed by the subconsultant or subcontractor, to be bound to the CONSULTANT by the terms of this Agreement and any subsequently issued Work Order, and to assume toward the CONSULTANT all the obligations and responsibilities which the. CONSULTANT, by this Agreement and any subsequently issued Work Order, assumes toward the OWNER. Each subconsultant or subcontract agreement shall preserve and protect the rights of the OWNER under this Agreement, and any subsequently issued Work Order, with respect to the Services to be performed by the subconsultant or subcontractor so that the subconsulting or subcontracting thereof will not prejudice such rights. Where appropriate, the CONSULTANT shall require each subconsultant or subcontractor to enter into similar agreements with its sub- subconsultants or sub-subcontractors. 19 • 1 0 S 10.4 CONSULTANT acknowledges and agrees that OWNER is a third party beneficiary of each contract entered into between CONSULTANT and each subconsultant or subcontractor, however nothing in this Agreement shall be construed to create any contractual relationship between OWNER and any subconsultant or subcontractor. ARTICLE 11 WAIVER OF CLAIMS 11.1 CONSULTANT'S acceptance of final payment for Services provide under any Work Order shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against OWNER arising out of the Work Order or otherwise related to those Services, and except those previously made in writing in accordance with the terms of this Agreement and identified by CONSULTANT in its final invoice for the subject Work Order as unsettled. Neither the acceptance of CONSULTANT'S Services nor payment by OWNER shall be deemed, to be a waiver of any of OWNER'S rights against CONSULTANT. ARTICLE 12 TERMINATION OR SUSPENSION 12.1 This Agreement is a fixed term contract for the professional services of CONSULTANT. It is agreed that either party hereto shall at any and all times have the right and option to terminate this Agreement by giving to the other party not less than thirty (30) days prior written notice of such termination. Upon this Agreement being so terminated by either party hereto, neither party hereto shall have any further rights or obligations under this Agreement subsequent to the date of termination, except that Services specified to be performed under a previously issued Work Order, shall proceed to completion under the terms of this Agreement. 20 ' Os • 12.2 CONSULTANT shall be considered in material default of this Agreement and such default will. be considered cause for OWNER to terminate this Agreement and any Work Orders in effect, in whole or in part, as further set forth in this section, for any of the following reasons: (a) CONSULTANT'S failure to begin Services under any particular Work Order within the times specified under that Work Order, or(b) CONSULTANT'S failure to properly and timely perform the Services to be provided hereunder or as directed by OWNER, or (c) the bankruptcy or insolvency or a general assignment.for the benefit of creditors by CONSULTANT or by any of CONSULTANTS principals, officers or directors, or(d) CONSULTANT'S failure to obey any laws, ordinances, regulations or other codes of conduct, or (e) CONSULTANT'S failure to perform or abide by the terms and conditions of this Agreement and any Work Orders in effect, or (f) for any other just cause. The OWNER may so terminate this Agreement and any Work Orders in effect, in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice of the material default. 12.3 If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it is determined for any reason that CONSULTANT was not in default, or that its default was excusable, or that OWNER otherwise was not entitled to the remedy against CONSULTANT provided for in paragraph 12.2, then the notice of termination given pursuant to paragraph 12.2 shall be deemed to be the notice of termination provided for.in paragraph 12.4, below, and CONSULTANT'S remedies against OWNER shall be the same as and be limited to those afforded CONSULTANT under paragraph 12.4 below. • . • 12.4 Notwithstanding anything herein to the contrary (including the provisions of paragraph 12.1 above), OWNER shall have the right to terminate this Agreement and any Work Orders in effect, in whole or in part, without cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such termination for convenience, CONSULTANT'S recovery against OWNER shall be 21 . 1 0 8 limited to that portion of the fee earned through the date of termination, for any Work Orders so cancelled,together with any retainage withheld and any costs reasonably incurred by CONSULTANT that are directly attributable to the termination, but CONSULTANT shall not be entitled to any other or further recovery against OWNER, including, but not limited to, anticipated fees or profits on Services not required to be performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably possible. 12.5 Upon termination and as directed by OWNER, the CONSULTANT shall deliver to the OWNER all original papers, records, documents, drawings, models, and other material set forth and described in this Agreement, including those described in Section 6, that are in CONSULTANT'S possession or under its control arising out of or relating to this Agreement or any Work Orders. 12.6 The OWNER shall have the power to suspend all or any portions of the Services to be provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior written notice of such suspension. If all or any portion of the Services to be rendered hereunder are so suspended, the CONSULTANTS sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in Article Four herein. 12.7 In the event (i) OWNER fails to make any undisputed payment to CONSULTANT within forty- five (45) days after such payment is due as set forth in the Work Order or such other time as required by Florida's Prompt Payment Act or (ii) OWNER otherwise persistently fails to fulfill some material obligation owed by OWNER to CONSULTANT under this Agreement or subsequently issued Work Order, and (ii) OWNER has failed to cure such default within fourteen (14) days of receiving written notice of same from CONSULTANT, then CONSULTANT may stop its performance under the subject Work Order until such default is cured, after giving OWNER a second fourteen (14) days written 22 • 103 notice of CONSULTANT'S intention to stop performance under the applicable.Work Order. If the Services are so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the CONSULTANT or its subconsultant or subcontractor or their agents or employees or any other persons performing portions of the Services under contract with the CONSULTANT, the CONSULTANT may terminate the subject Work Order by giving written notice to OWNER of CONSULTANT'S intent to terminate that Work Order. If OWNER does not cure its default within fourteen (14) days after receipt of CONSULTANT'S written notice, CONSULTANT may, upon fourteen (14) additional days' written notice to the OWNER, terminate the subject Work Order and recover from the Owner payment for Services performed through the termination date, but in no event shall CONSULTANT be entitled to payment for Services not performed or any other damages from Owner. ARTICLE 13 TRUTH IN NEGOTIATION REPRESENTATIONS 13.1 CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement or any subsequent Work Order. 13.2 In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the CONSULTANT agrees to execute the required Truth-In-Negotiation Certificate, attached hereto and incorporated herein as Schedule D, certifying that wage rates and other factual unit costs supporting the . 23 10,-s si compensation for .CONSULTANT'S services to be provided under this Agreement and each subsequent Work Order issued hereafter, if any, are accurate, complete and current at the time of the Agreement or such subsequent Work Order. The CONSULTANT agrees that the original price as set forth in each subsequent issued Work Order, if any, and any additions thereto shall be adjusted to exclude any significant sums by which the OWNER determines the price as set forth in the Work Order was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. All such adjustments shall be made within one (1) year following the end of the subject Work Order. ARTICLE 14 CONFLICT OF INTEREST 14.1 CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of Services required hereunder. CONSULTANT further represents that no persons having any such interest shall be employed to perform those Services. . ARTICLE 15 • MODIFICATION 15.1 No modification or change in this Agreement shall be valid or binding upon either party unless in writing and executed by the party or parties intended to be bound by it. • 24 • C OS ARTICLE 16 NOTICES AND ADDRESS OF RECORD 16.1 All notices required or made pursuant to this Agreement to be given by the CONSULTANT to the OWNER shall be in writing and shall be delivered by hand, by fax, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following OWNER'S address of record: Board of County Commissioners, Collier County Florida Purchasing Department, Purchasing Building 3301 Tamiami Trail East Naples, Fl. 34112 Attention: Stephen Y. Carnell, Purchasing/GS Director Fax: 239-732-0844 16.2 All notices required or made pursuant to this Agreement to be given by the OWNER to the CONSULTANT shall be made in writing and shall be delivered by hand, by fax or by the United States Postal Service• Department, first class mail service, postage prepaid, addressed to the following CONSULTANT'S address of record: Humiston & Moore Engineers, P.A. 5679 Strand Court Naples, Florida 34110 Telephone: 239-594-2021 Fax: 239-594-2025 Attn: Kenneth K. Humiston, P.E., President 16.3 Either party may change its address of record by written notice to the other party given in accordance with requirements of this Article. • 25 • ARTICLE 17 MISCELLANEOUS 17.1 CONSULTANT, in representing OWNER, shall promote the best interests of OWNER and assume towards OWNER a duty of the highest trust, confidence, and fair dealing. 17.2 No modification, waiver, suspension or termination of the Agreement or of any terms thereof shall impair the rights or liabilities of either party. 17.3 This Agreement is not assignable, or otherwise transferable in whole or in part,. by CONSULTANT without the prior written consent of OWNER. 17.4 Waivers by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. 17.5 The headings of the Articles, Schedules, Parts and Attachments as contained in this Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions in such Articles, Schedules, Parts and Attachments. 17.6 This Agreement, including the referenced Schedules and Attachments hereto, constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior agreements or understandings, written or oral, relating to the matter set forth herein, and any such prior agreements or understanding shall have no force or effect whatever on this Agreement. 17.7 Unless otherwise expressly noted herein, all representations and covenants of the parties shall survive the expiration or termination of this Agreement. • 26 LOS 17.8 This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 17.9 The terms and conditions of the following Schedules attached hereto are by this reference incorporated herein: Schedule A WORK ORDER FORM Schedule B RATE SCHEDULE Schedule C INSURANCE COVERAGE Schedule D TRUTH IN NEGOTIATION CERTIFICATE ARTICLE 18 • APPLICABLE LAW 18.1 This Agreement shall be governed by the laws, rules, and regulations of the State of Florida, and by such laws, rules and regulations of the United States as made applicable to Services funded by the United States government. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ARTICLE 19 SECURING AGREEMENT/PUBLIC ENTITY CRIMES 19.1 CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, 27 S individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any.other consideration contingent upon or resulting from the award or making of this Agreement. At the time this Agreement is executed, CONSULTANT shall sign and deliver to OWNER the Truth-In-Negotiation Certificate identified in Article 13 and attached hereto and made a part hereof as Schedule D. CONSULTANT'S compensation as set forth in each subsequently issued Work Order, if any, shall be adjusted to exclude any sums by which OWNER determines the compensation was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. 19.2 By its execution of this Agreement, CONSULTANT acknowledges that it has been informed by OWNER of and is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287:017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list." ARTICLE 20 DISPUTE RESOLUTION 20.1 Prior to the initiation of any action or proceeding permitted. by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT with full 28 . • S decision-making authority and by OWNER'S staff person who would make the presentation of any settlement reached during negotiations to OWNER for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of CONSULTANT with full decision-making authority and by OWNER'S staff person who would make the presentation of any settlement reached at mediation to OWNER'S board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 20.2 Any.suit or action brought by either party to this Agreement against the other party relating to • or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ARTICLE 21 IMMIGRATION LAW COMPLIANCE 21.1 By executing and entering into this agreement, the Consultant is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the•Consultant to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 29 • i ' IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement for Fixed Term Physical and Biological Monitoring Services for Collier County Coastal Zone Management Projects the day and year first written above. • ATTEST:..............,. BOARD OF COUNTY n ()X.,- COMMISSIONERS FOR al s' '' COLLIER COUNTY, FLORIDA, reit Date:':1,.„- IT:2%..\1 By: gp-z-vidt...., ,C.Q.t`�" - `-.,)1:"! -"- Don ala, Chairman Appr ed as to form and le I suffi ienc v /0( Aoo i t nt County Attorney be i"...5. Humiston &Moore Engineers, P.A. e_e_e_e_e_ :-—9.4.Le42:tia. By: if----. 44"1"4 ril-%. Witness Celia M.Fellows S Kenneth K. .Anmiprnn, P_F_ • Typed Name and Title • Typed Name and Title iC425,1at ,__ Witness S Kelli DeFedericis Typed Name and Title . • 30 . 10:3: • SCHEDULE A WORK ORDER Agreement for Fixed Term Physical and Biological Monitoring Services for Collier County Coastal Zone Management Projects, Dated: ,20 (RFP 08-5124) This Work Order is for professional describe services for work known as: Project Name: Project No: The work is specified in the proposal dated ",20 which is attached hereto and made a part of this Work Order. In accordance with Terms and Cor ditidns of the Agreement referenced above, this Work Order is assigned to: name of firm. • Scope of Work: As detailed in the attached proposal and the following: • * Taskl - * Task II • - . * Task III • Schedule of Work: Complete work within days from receipt of the Notice to Proceed which is accompanying this Work Order. Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the following method(s): Negotiated Lump Sum . Lump Sum Plus Reimbursable Costs Time & Material (established hourly rate—Schedule A) Cost Plus Fixed Fee, as provided in the attached proposal. (define which method will be used for which tasks) Task I . $ Task II $ Task III $ • TOTAL FEE $ Any change made subsequent to final department approval will be considered an additional service and bharged according to Schedule°A"of the original Contract Agreement. PREPARED BY: name and title Date APPROVED BY: Department Director, Department Name Date APPROVED BY: Division Administrator, Division Date • ACCEPTED BY: Company name . • Signature of Authorized Company Officer . . Date Type or Print Name and Title • A-1 • • • • i SCHEDULE B Contract No. 08-5124, Physical and Biological Monitoring Services for Coastal Zone Management Projects RATE SCHEDULE Principal Engineer $175.00/hr. Senior Engineer/Senior Analyst $145.00/hr. Project Director/Project Manager/Project Coordinator $125.00/hr. Engineer III/Engineering Production/QC $105.00/hr. Engineer II/Coastal Monitor $ 95.00/hr. Engineer I $ 90.00/hr. Senior Technician $ 85.00/hr. Environmental Science Technician $ 75.00/hr. Junior Technician/GIS Technician $ 75.00/hr. • Microsoft Project Technician $ 70.00/hr. Administration/Clerical $ 55.00/hr. Clerical $ 40.00/hr. This list is not intended to be all inclusive. Hourly rate fees for other categories of professional, support, and other services shall be mutually negotiated by the County and the firm on a project-by-project basis as needed. • B-1 O SCHEDULE C INSURANCE COVERAGE (1) The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If CONSULTANT has any self-insured retentions or deductibles under any of the below listed minimum required coverages, CONSULTANT must identify on the Certificate of Insurance the nature and amount of such self-insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be CONSULTANT'S sole responsibility. (2) The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater. (3) Coverages shall be maintained without interruption from the date of commencement of the Services until the date of completion of all Services required hereunder or as specified in this Agreement, whichever is longer. (4) Simultaneously with the execution and delivery of this Agreement by CONSULTANT, CONSULTANT has delivered properly executed Certificates of insurance (3 copies) acceptable to the.OWNER evidencing the fact that CONSULTANT has acquired and put in place the insurance coverages and limits required hereunder. In addition, certified, true and exact copies of all insurance polices required shall be provided to OWNER, on a timely basis, if requested by OWNER. Such certificates shall contain a provision that coverages afforded under the policies will not be canceled or c-1 • ills s allowed to expire until at least thirty (30) days prior written notice has been given to the OWNER. CONSULTANT shall also notify OWNER, in a like manner, Within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by CONSULTANT from its insurer, and nothing contained herein shall relieve CONSULTANT of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. (5) All insurance coverages of the CONSULTANT shall be primary to any insurance or self insurance program carried by the OWNER applicable to this Agreement. (6) The acceptance by OWNER of any Certificate of Insurance pursuant to the terms of this Agreement does not constitute approval or agreement by the OWNER that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement. (7) CONSULTANT shall require each of its subconsultants to procure and maintain, until the completion of the subconsultant's services, insurance of the types and to the limits specified in this Section except to the extent such insurance requirements for the subconsultant are expressly waived in writing by the OWNER. (8) Should at any time the CONSULTANT not maintain the insurance coverages required herein, the OWNER may terminate the Agreement and,any Work Orders issued pursuant to the Agreement or at its sole discretion shall be authorized to C-2 • 11/S purchase such coverages and charge the CONSULTANT for such coverages purchased. If CONSULTANT fails to reimburse OWNER for such costs within thirty(30) days after demand, OWNER has the right to offset these costs from any amount due CONSULTANT under this Agreement or any other agreement between OWNER and CONSULTANT. The OWNER shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company.or companies used. The decision of the OWNER to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Agreement. (9) If the initial, or any subsequently issued Certificate of Insurance expires prior, to the completion of the Services required hereunder or termination of the Agreement or any Work Order, the CONSULTANT shall furnish to the OWNER, in triplicate, renewal or replacement Certificate(s) of Insurance not later than three (3) business days after the renewal of the policy(ies). Failure of the Contractor to provide the OWNER with such renewal certificate(s) shall be deemed a material breach by CONSULTANT and OWNER may terminate the Agreement or any subsequently issued Work Order for cause. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Required by this Agreement? X Yes No (1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the CONSULTANT during the term of this Agreement for all employees . engaged in the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: C-3 . 1Os a. Worker's Compensation - Florida Statutory Requirements b. Employers' Liability (check one) $100,000 Each Accident $500,000 Disease Aggregate $100,000 Disease Each Employee �r X $1,000,000 Each Accident $1,000,000 Disease Aggregate $1,000,000 Disease Each Employee (2) The insurance company shall waive all claims rights against the OWNER and the policy shall be so endorsed. (3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. X Applicable Not Applicable (4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. X Applicable Not Applicable COMMERCIAL GENERAL LIABILITY Required by this Agreement? X Yes No (1) Commercial General Liability Insurance, written on an "occurrence" basis, shall be maintained by the CONSULTANT. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed C-4 • . • 1 O s t Operations and Products and Completed Operations Coverage. Products and Completed Operations coverage shall be maintained for a period of not less than five (5) years following the completion and acceptance by the OWNER of the work under this Agreement. Limits of Liability shall not be less than the following: General Aggregate $300,000 Products/Completed Operations Aggregate $300,000 Personal and Advertising Injury $300,000 Each Occurrence $300,000 Fire Damage $ 50,000 General Aggregate $500,000 Products/Completed Operations Aggregate $500,000 Personal and Advertising Injury $500,000 Each Occurrence $500,000 Fire Damage $ 50,000 X General Aggregate $2,000,000 Products/Completed Operations Aggregate $2,000,000 Personal and Advertising Injury $2,000,000 Each Occurrence $2,000,000 Fire Damage $ 50,000 (2) The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. 'This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE.applies separately to each of your projects away from premises owned by or rented to you." Applicable deductibles or self-insured retentions shall be the sole responsibility of CONSULTANT. Deductibles or self-insured retentions carried by the CONSULTANT shall be subject to the approval of the Risk Management Director or its designee. • C-5 . • los , • (3) The OWNER shall be named as an Additional Insured and the policy shall be endorsed that such coverage shall be primary to any similar coverage carried by the OWNER. (4) Coverage shall be included for explosion, collapse or underground property damage claims. (5) Watercraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSULTANT in limits of not less than the Commercial General Liability limit shown in subparagraph (1) above if applicable to the completion of the Services under this Agreement. X Applicable Not Applicable • (6) Aircraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSULTANT in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. Applicable X Not Applicable AUTOMOBILE LIABILITY INSURANCE Required by this Agreement? X Yes No (1) Automobile Liability Insurance shall be maintained by the CONSULTANT for the ownership, maintenance or use of any owned, non-owned or hired vehicle with limits of not less than: Bodily Injury & Property Damage-$ 500,000 C-6 I 0 S X Bodily Injury& Property Damage-$1,000,000 UMBRELLA LIABILITY (1) Umbrella Liability may be maintained as part of the liability insurance of the CONSULTANT and, if so, such policy shall be excess of the Employers' Liability, Commercial General Liability, and Automobile Liability coverages required herein and shall include all coverages on a "following form" basis. (2) The policy shall contain wording to the effect that, in the event of the exhaustion of any underlying limit due to the payment of claims, the Umbrella policy will "drop down"to apply as primary insurance. PROFESSIONAL LIABILITY INSURANCE • Required by this Agreement? X Yes No (1) Professional Liability Insurance shall be maintained by the CONSULTANT to insure its legal liability for claims arising out of the performance of professional services under this Agreement. CONSULTANT waives its right of recover against OWNER as to any claims under this insurance. Such insurance shall have limits of not less than: $ 500,000 each claim and in the aggregate $1,000,000 each claim and in the aggregate X $2,000,000 each claim and in the aggregate $5,000,000 each claim and in the aggregate C-7 0 1 I (2) Any deductible applicable to any claim shall be the sole responsibility of the CONSULTANT. Deductible amounts are subject to the approval of the OWNER. (3) The CONSULTANT shall continue this coverage for a period of not less than five (5) years following completion of all Services authorized under this Agreement. (4) The policy retroactive date will always be prior to the date services were first performed by CONSULTANT or OWNER under this Agreement, and the date will not be moved forward during the term of this Agreement and for five years thereafter. CONSULTANT shall promptly submit Certificates of Insurance providing for an unqualified written notice to OWNER of any cancellation of coverage or reduction in limits, other than the application of the aggregate limits provision. In addition, CONSULTANT shall also notify OWNER by certified mail, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by CONSULTANT from its insurer. • In the event of more than a twenty percent. (20%) reduction in the aggregate limit of any policy, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. CONSULTANT shall promptly submit a certified, true copy of the policy and any endorsements issued or to be issued on the policy if • requested by OWNER. VALUABLE PAPERS INSURANCE (1) • In the sole discretion of the County, on a work order by work order basis, CONSULTANT may be required to purchase valuable papers and records coverage for plans, specifications, drawings, reports, maps, books, blueprints, and other printed C-8 ' Os' documents in an amount sufficient to cover the cost of recreating or reconstructing valuable papers or records utilized during the term of this Agreement. PROJECT PROFESSIONAL LIABILITY (1) If OWNER notifies CONSULTANT that a project professional liability policy will be purchased, then CONSULTANT agrees to use its best efforts in cooperation with OWNER and OWNER'S insurance representative, to pursue the maximum credit available from the professional liability carrier for a reduction in the premium of CONSULTANT'S professional liability policy. : If no .credit is available from CONSULTANT'S current professional policy underwriter, then CONSULTANT agrees to pursue the maximum credit available on the next renewal policy, if a renewal occurs during the term of the project policy (and on any subsequent professional liability policies that renew during the term of the project policy). CONSULTANT agrees that any such credit will fully accrue to OWNER. Should no credit accrue to OWNER, OWNER and CONSULTANT, agree to negotiate in good faith a credit on behalf of OWNER for the provision of project-specific professional liability insurance policy in consideration for a reduction in CONSULTANT'S self-insured retention and the risk of uninsured or underinsured consultants. . (2) CONSULTANT agrees to provide the following information when requested by OWNER or OWNER'S Project Manager: • a. The date the professional liability insurance renews. b. Current policy limits. c. Current deductibles/self-insured retention. . d. Current underwriter. • C-9 . • 18S S e. Amount (in both dollars and percent) the underwriter will give as a credit if . the policy is replaced by an individual project policy. f. Cost of professional insurance as a percent of revenue. g. Affirmation that the-design firm will complete a timely project errors and omissions application. (3) If OWNER elects to purchase a project professional liability policy, CONSULTANT to be insured will be notified and OWNER will provide professional liability insurance, naming CONSULTANT and its professional subconsultants as named insureds. • • • c-10 I i CIient#:2510 • HUMIM003 ACORDTM CERTIFICATE OF LIABILITY INSURANCE 4/23/09 ° PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION • Suncoast Insurance Associates • • ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P.O.Box 22668 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Tampa,FL 33622-2668 813 289-5200 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Phoenix Insurance Company 25623 Humiston&Moore Engineers,P.A. INSURER B: Travelers Indemnity Company 25658 5679 Strand Court INSURER C: Travelers Casualty and Surety Co 19038 Naples,FL 34110 INSURER D: Beazley Insurance Company,Inc. 37540 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHERDOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE 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 CLAIMS. INSR ADD L POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR INSR TYPE OF INSURANCE POLICY NUMBER D 1 LUDO lei DATE M•D W A GENERAL LIABILITY 68081481927 02/06/09 02/06/10 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY - PRFMTSES(Ea RENTED $1.000,000 CLAIMS MADE El OCCUR MED EXP(My one person) $10,000 PERSONAL&ADV INJURY 61,000,000 GENERAL AGGREGATE • $2,000,000 GEM.AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 . 7 POLICY n TN:f n LOG B AUTOMOBILE LIABILITY BA9146L446 04/28/09 04/28/10 COMBINED SINGLE LIMIT $1,000,000 X ANY AUTO (Ea accident) _^ALL OWNED AUTOS BODILY INJURY $ _ SCHEDULED AUTOS (Per parson) X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) • PROPERTY DAMAGE $ (Per accident) GARAGELWBILITY AUTO ONLY-EA ACCIDENT $ R ANY AUTO OTHER THAN EA ACC $ • • AUTO ONLY: AGG $ B EXCESS/UMBRELLA LIABILITY CUP8412Y90A 02/06/09 02/06110 EACH OCCURRENCE $1,000,000 yOCCUR El CLAIMS MADE AGGREGATE $1,000,000 $ - DEDUCTIBLE _ $ X RETENTION $10000 $ C WORKERS COMPENSATION AND UB5826Y585 05/01/09 05/01/10 X I ORY LIMITS I rFR EMPLOYERS'LIABILITY E.L EACH ACCIDENT $500,000 OOFFICEER/MEMBER EXCLUDED?ECUiIVE E.L.DISEASE-EA EMPLOYEE $500,000 If yyees.describe under E.L DISEASE-POLICY UNIT s500,000 SPECIAL PROVISIONS below D OTHER Professional VI5SLZO9PNPA 04/16/09 04/16/10 $2,000,000 per claim Liability $2,000,000 annl aggr. DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Professional liability is written on a claims made and reported basis. RE:Contract 08-5124 • (See Attached Descriptions) • CERTIFICATE HOLDER • CANCELLATION • SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Collier County Board of County Commissioners DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL In DAYS WRITTEN Purchasing Building NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL 3301 East Tamiami Trail IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR Naples,FL 34112 REPRESENTATIVES. • AUjFjO_ -R �ei A - • . • ACORD 25(2001/08)1 of 3 #S185804/M184514 BPK e ACORD CORPORATION 1988 • G 4 IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer,and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. • • • • ACORD 25-5(2001/08) 2 of 3 #S185804/M184514 -- 1OSH1 S Y�' tt •� _'y rat <5 `'kg) • ! !21.4 1 s s..^�r•, ir l M } .-y„r"�,�"x •, �;•� .W The Certificate Holder is an Additional Insured with respects to the General Liability.Workers Compensation Includes USL&H coverage. • • • • • q� '=y �i'x.r�„- _ �°i.. vro�, "c'�"I='.4��.ys• S.�i'•�;:.:�..'�x..iA..-.r--• ••ASS,X.,'��>`."':°i`,•��'3;•''�4�«�•�ti:�H,`..""�`tZi• s' 'i�- ric;E.ixrx'�_' ?'9Y;,;�G�'�H .i�, t'^.'��..r�T��-G". �4��d.�a_'-�.'�'�;�:s?i�. ...�.''..�•'.�:+F�'�.w• • •��,r�yt��, .:x��nQ-4i'+ ice .. a' SNr.�4127'-�-`., i�:�:,.•L�iS �'i:_cc:ri.:.:.. AMS 25.3(2001/08) 3 of 3 #S185804/M184514 ' • . 0 S SCHEDULE D TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, Humiston & Moore Engineers, P.A. hereby certifies that wages, rates and other factual unit costs supporting the compensation for the services of the CONSULTANT to be provided under the Professional Services Agreement, concerning Fixed Term Physical and Biological Monitoring Services for Collier County Coastal Zone Management Projects are accurate, complete and current as of the time of contracting. Humiston & Moore Engineers, P.A. BY: TITLE: DATE: D-1 WORK ORDER/PURCHASE ORDER# CONTRACT#10-5571 CLAM PASS JOINT COASTAL PERMIT AND INLET&BAY MANAGEMENT PLAN UPDATE January 3,2013 Turrell,Hall&Associates,Inc. (THA)is pleased to provide this scope of work to Collier County via the Pelican Bays Services Division(PBSD). The purpose of this scope is to outline professional environmental permitting services to the PBSD for the dredging of Clam Pass. The work proposed will be conducted under Contract Number 10-5571 by THA and our subcontractor,Humiston and Moore Engineers. Based on recent telephone conversations with the federal permitting agencies (USACE and FWS), our understanding is that a new permit application will need to be submitted to the USACE with updated project conditions and further permit coordination may be required with FWS to complete the Biological Opinion for the project. Scope of Work TASK I: PERMITTING a) Permit Drawings: THA will coordinate updated permit drawings at the direction of the Pelican Bay Services Division (PBSD) for the dredging of Clam Pass. The permit exhibits will be based on updated hydrographic and beach profile data to be collected in January 2013 and on the most recent benthic resources surveys conducted in August 2012. b) DEP Permitting: H&M will coordinate with the staff of the DEP to update the existing DEP JCP permit(no.0296087-001 JC)as needed with the updated exhibits. This will include filing of permit modification on behalf of Collier County and meeting with the DEP staff. c) DEP Mixing Zone Variance:H&M will prepare and submit a mining zone variance request to DEP for the proposed dredging activity. d) USACE Permitting:THA and H&M will coordinate with the staff of the USACE to complete their review of the project(No. 0296087-001-JC) as needed based on the updated exhibits. This will include filing a new permit application on bel alf of Collier County, meetings with the USACE stag and responses to commenting parties as a result of the new application. e) USFWS and NMFS Coordination:THA will provide information to and coordinate with these agencies relative to their species and habitat guidelines.We will provide a technical review of the draft Biological Opinion from the FWS including an engineering evaluation by H&M (under a separate scope) of the project design. Attendance at two meetings with these agencies is included in the scope. Terrell,Hall&Associates,Inc. The scope does not include provisions for production of detailed environmental documents such as mitigation plans,Environmental Impact Statements,or Biological Assessments that could be requested by the reviewing agencies based on the updated application. We do not anticipate these documents being requested now since they were not requested as part of the previous.applications but will still need to verify this once the revised application has been submitted. TASK II: INLET AND BAY MANAGEMENT PLAN UPDATE Inlet and Bay Management Plan Update:THA and H&M will prepare the framework for an updated manAgement plan for the Clam Pass and Bay system. • H&M will prepare exhibits and supporting documentation relative to the design configuration of Clam Pass dredging for inclusion into the Plan. • THA will coordinate stakeholder input into the plan through three efforts. An initial call for written input from stakeholders and interested parties will be used to determine goals and objectives for the Plan. A workshop will be held once the framework for the plan has been completed to collect written and oral comments. A final workshop will be held once the Plan has been drafted and prior to being finalized. • THA will piopare documentation necessary for stakeholder input including initial invitation letter to participate,Plan outline,and Plan Draft. • THA will coordinate with the State and Federal permitting and review agencies as needed during the formulation of the Plan. Baseline information already available will be incorporated into Plan elements however; additional field data collection(such as fish and bird surveys)is not included in this scope. This scope does not include services for responding to legal objections,preparing for expert testimony,or preparing for litigation associated with the project If necessary,these services will be provided under a separate agreement with the County. Schedule The above scope is based on a 75 day schedule. Creation of the permit exhibits and submittal of the updated application to the DEP and USACE will take place within 10 days of approval to proceed. Subsequent coordination with the permitting agencies will be done as quickly as possible based on the agency's review times and comment periods. Coordination of the Management Plan will be done concurrently with the permitting. The initial invitation to participate will be sent out within 7 days of the notice to proceed. Management Plan outline and preliminary exhibits will be available for the first stakeholder workshop within 35 days of the invitation. Draft Plan will be available for the second stakeholder meeting within 35 days of the first stakeholder meeting. Turrell,Hall&Associates,Inc. 0 V Budget Compensation for the above scope of work will be based on charges as described in Exhibit"A"and will not exceed the amount listed without approval from PBSD. 328,000.00 Accepted By: Tirol iy C.Hall,Vice President Date Turrell,Hall&Associates,Inc. Approve Kyle Lukas?, Operations •:.er Date Pelican Bay Services Division Turrell,Hall&Associates,Inc. 1 0 S WORK ORDER/PURCHASE ORDER# CONTRACT#10-5571 CLAM PASS JOINT COASTAL PERMIT AND INLET&BAY MANAGEMENT PLAN UPDATE January 3,2013 Exhibit "A" Scope of Services: PERMITTING Task I a.—Permit Drawings .$2,350.00 Task I b.—DEP Permitting .$2,500.00 Task I c.—DEP Mixing Zone Variance ...$1,300.00 Task I d.—USACE Permitting $6,000.00 Task I e.—USFWS and NMFS Coordination .$3,850.00 MANAGEMENT PLAN Task II—Inlet and Bay Management Plan Update $12,000.00 Total Services ..$28,000.00 Tun-ell,Hall&Associates, Inc. 1 S Send all Invoices to: Collier County Board of County Commissioners J1.1 r�, Collier County Board of County Commissioners Purchasing Department Attn:Accounts Payable Phone:239-252-8407 '` 3299 Tamiami Trl E Ste 700 Fax: 239-732-0844 r. Naples FL 34112-5749 Tax Exempt 85-8012621830C-2 OR email to:bccapclerk @collierclerk.com Purchase Order number must appear on all related correspondence,shipping papers and invoices: Vendor# ,00090 EPurChase oderE � % ,,. AGNOLI BARBER&BRUNDAGE INC PC Number 4500141746 Date 12/21/2012 ATTN:D BRUNDAGE 7400 TAMIAMI TRAIL N,STE 200 Contact Person Pelican Bay Div NAPLES FL 34108-2599 Telephone 239-597-1749 Fax 239-597-1749 Please deliver to: PELICAN BAY SERVICES DIVISION Delivery Date: 09/30/2013 STE 605 801 LAUREL OAK DR NAPLES FL 34108 Terms of Payment Net 30 Days Currency USD �� --" {E:'�u�� ""°° �1 x �P�'��•� r � y�` Order Unit� 'Puce F'er�/nit �?'`�Ket Value-� ' 00010 Clam Pass Annual Survey 1 each 18,400.00 18,400.00 Release order against contract 4600002829 Item 00010 the berm „ .S+».n Frafi�x _° 3";.-gall g^ ;47$ ,r ie ,r r-r.v=�."''-", A I ;...y`�,�a's_. �.,`+'? �a-�'�-c�'`•��— �x2�'Sh. ir x�C��,� �� ,�+' �'�3 C' A-� et^ �"�, r q-c=C'-'�'w�`� a•`vs-*t r R ` USD I'8 400 00'. w r � z� f � �s otalnet value excl taxa, �,� t`•,.`'"�' �• y6'.3�y.=..z'.�X .4 4.4N�c1 :'r.'; f-.x I w �h�i q. �y c3 T-'�-�i�5--�k [3' �r �,.?-.3 s`'.f),`- to tT .�. as,.fit :.�.'�.`{r?-�>r��. �.,,.'�� .*�,,.rr__,-ti �"'�.r e�,+�.n.+.„ �:v �p4,r.�_'i rx .,�.,�.. VENDOR Terms and Conditions The VENDOR agrees to comply with all Purchase Order Terms and Conditions as outlined on the Collier County Purchasing Internet site: http://www.colliergov.net/Index.aspx?page=762(revision date 01/22/2008),including delivery and payment terms.Further the VENDOR agrees to: 1. Provide goods and services outlined in this Purchase Order with the prices,terms,delivery method and specifications listed above. 2. Notify department Immediately if order fulfillment cannot occur as specified. 3. Send all invoices to: Collier County Board of County Commissioners Attn:Accounts Payable 3299 Tamiami Tri E Ste 700 Naples FL 34112-5749 OR email to:bccapclerk @collierclerk.com The Purchase Order is authorized under direction of Collier County Board of County Commissioners by: Joanne Markiewicz,General Services/Purchasing Director Printed 01/03/2013 eg 10:29:12 320-183800-631400-51100.1 Page 1 of 1 1 0 S §3a2M'A GNOLI 2313 BARBER tlF"13' RUNDAGE, INC Professional Engineers, Planners&Land Surveyors 7400 Tarniami Trail North, Suite 200, Naples, FL 34108 Ph.(239) 597-3111 Fax(239) 566-2203 December 20, 2012 Mr. Kyle Lukasz Pelican bay Services Re: Clam Pass Annual Monitoring, Collier County, Florida ABB PN 12-1000-GPA/106 Dear Kyle: We are pleased to submit the following proposal for Professional Surveying Services on the above referenced project. Clam Pass Annual Monitoring: 1) We shall perform bathymetric monitoring of Cut 4 at Clam Pass from profile station 0+00 thru 18+00 forty two (42) cross sections. 2) We shall perform bathymetric monitoring of Cut 4 at Clam Pass from profile station 18+27 thru 36+00 twenty (20) cross sections. 3)We will survey beach profiles extending from 100 feet landward of the vegetation line seaward to wading depth at the four(4)DNR monuments north of the inlet and three (3) monuments south of the inlet, plus one (1) intermediate beach profile. This would include DNR reference monuments R-38 through R-44 a total of eight (8) profiles. The profiles will be taken along the same azimuth as the State DEP profiles. 4)We shall obtain profile elevations at 10'intervals±,along Stations 0+00 through 3+64.5, from the vegetation line,south through the Staging area.This will include profile elevations at Station 3+30. (See attached drawing.) 5)We shall obtain profile elevations seaward from Sta 0+00,on 50'stations, at 10' intervals, to a depth of -5.0' NAVD. (See attached drawing.) Our final deliverable will be an ASCII file containing raw x, y, and z profile data points to Humiston and Moore. Elevations will be based on NGVD29 Vertical Datum. 1 o Our final deliverable will be an ASCII file containing raw x, y, and z profile data points. Coordinates will be based on Florida State Plane 83/90 East Zone Datum. Elevations will be based on NAVD88 Datum. Our fee for providing the above services shall be a lump sum in the amount of $18,400.00. All services will be performed under the terms and conditions specified in the "County- Wide Engineering" Agreement between the Board of County Commissioners, Collier County, Florida and Agnoli, Barber& Brundage, Inc., Contract #09-5262-5. Sincerely, AGNOLI, BARBER& BRUNDAGE, INC. Go13uy P. Adams, P.S.M. Vice President of Surveying WORK 1 0 S ORDER Agreement for "County Wide Engineering Services" Contract#09-5262-SSM BCC App 3/9/2010 10.0 This Work Order is for professional engineering services for work known as Clam Pass Annual Survey The work is specified in the proposal dated December 20,2012,2012 which is attached hereto and made a part of this Work Order. In accordance with the Terms and Conditions of the Agreement referenced above this Work Order is assigned to Agnoli Barber and Brundage,Inc. Scope of Work: Task I I. Perform bathmetric monitoring of Cut #4 at Clam Pass at profile stations 0+00 thru 18+00, forty two cross sections. 2. Perform bathmetric monitoring of Cut #4 at Clam Pass at profile stations 18+27 thru 36+00, twenty cross sections. 3. Survey beach profiles extending from 100 feet landward of the vegetation line seaward to wading depth at the four(4) DNR monuments north of the inlet and three (3) monuments south of the inlet, plus one (1) intermediate beach profile. This would include DNR reference monuments R-38 through R-44 a total of eight (8) profiles. 4. Obtain profile elevation at 10' intervals +1-, along Stations 0+00 through 3464.5, from the vegetation line , south through the staging area. This shall include profile elevations at Station 3+30. 5. Obtain profile elevations seaward from Station 0-00, on 50' stations, at 10" intervals, to a depth of-5.0'NAVD. Schedule of Work: Complete work within 90 days from date of the Notice to Proceed authorizing start of work. Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the negotiated lump sum or time and material amount provided in the schedule below (if a task is time and material, so indicate and use the established hourly rate(s) as enumerated in Schedule "A" of the Agreement). (List all Tasks) Task I $ 18.400.00(Lump Sum) TOTAL FEE $ 18,400.00 Any change within monetary authority of this Work Order made subsequent to final department approval will a considered an additional service and charged according to Schedule "A" of e Agreement. AUTHORIZED BY: /il�f--- � G�,j� yle Lukasz, Operati s Manager Date ACCEPTED BY: Agnoli Barber and Brundage Inc_ Author' ed Company Officer Date ��POr HOClf-' e _i_ . Typ or Print Name and Title a ,. I 0 S � -=��-; ` : HUMISTON ,��4 5679 Strand Court t 1 MOORE Naples,FL 34110 J ENGINEERS 239-594 2021-voice ;;' �1 COASTAL 239-594-2025 Fax t r' n r ' Mgt__:; _ ENGINEERING DESIGN AND PERMITTING WORK ORDER/PURCHASE ORDER# January 3,2013 Humiston&Moore Engineers (H&M)is pleased to provide this scope of work to Collier County via the Pelican Bays Services Division(PBSD). The purpose of this scope is to outline professional services to be provided to the PBSD for dredging of Clam Pass (Project). The work proposed will be conducted consistent with the terns and rates of Contract Number 08-5124 by H&M. Services include the design, preparation of permit drawings,construction plans,technical specifications and construction phase services. Scope of Work TASK 1: DESIGN,PLANS AND SPECIFICATIONS a) Permit Drawings: H&M will prepare updated design and permit drawings at the direction of the Pelican Bay Services Division (PBSD) for the dredging of Clam Pass, The plans will be based on updated hydrographic and beach profile data to be collected in January 2013 and on the most recent benthic resources surveys conducted in August 2012. b) Construction Plans: Based on direction from the PBSD and the ongoing permitting, H&M will prepare details construction plans for the purpose of obtaining bids and construction the Project. c) Technical Specifications: Based on the final design, regulatory permits and construction plans, H&M will prepare technical specifications for the Project which will be used in conjunction with the Construction Plans in obtaining bids for the Project.These documents will be used by PBSD along with Collier County Contract Documents as part of the contract with the selected Contractor for the Project. Task 2: CONSTRUCTION PHASE SERVICES H&M will provide the necessary support to PBSD based on a time and materials basis as needed throughout the selection of a contractor, negotiating a price for the Project, conducting a pre-construction meeting, conducting construction observation services, on- site permitting compliance monitoring for turbidity and sand QA/QC placement, review of Humiston&Moore Engineers 1 0 S regulatory agencies; conducting construction observation services, on-site permitting compliance monitoring for turbidity and sand QA/QC placement, review of pay requests from the Contractor, post construction certifications and prepare the required post construction report to the regulatory agencies. The costs assume a declaration of emergency order to limit bid qualification and price negotiating with one contractor Schedule The above scope is based on a 50-day construction schedule. Creation of the permit drawings is based on completion of the survey by PBSD,which is underway at this time. Permit drawings for use in coordination with Collier County, the State of Florida Department of Environmental Protection, and the U.S. Army Corps of Engineers, along with the associated state and federal resource agencies such as Florida Fish and Wildlife Conservation Commission (FWC), National Marine Fisheries Service (NMFS) and the Fish and Wildlife Service (FWS), will be prepared within 10 days of receipt of the survey. Construction Plans and Technical Specifications will be completed within 30 days of confirmation of the acceptability of the design from the PBSD, DEP, and USACE.Any subsequent plan changes as deemed necessary will be completed as quickly as possible to avoid any delays in selecting a contractor and negotiating a construction price. Budeet Compensation for the above scope of work will be based on charges as described in Exhibit"A"and will not exceed the amount listed without approval from PBSD. $76,360.00 Accepted By: 1/3/13 Brett D.Moore,P.E.President Date Humiston&Moore Engineers Approved By: le Lukasz,Operations MAAR:ger Date Collier County Pelican Bay Services Division Humiston&Moore Engineers 1° s . WORK ORDER/PURCHASE ORDER# January 3,2013 Exhibit "A" Scope of Services: Task I: Design,Plans, Specifications (Lump Sum Costs) Task Ia.--Permit Drawings .$5,940.00 Task lb.—Construction Plans.. $10,090.00 Task Ic.—Technical Specifications ...$7,620.00 Subtotal for Task I(Lump Sum) $23,650.00 Task II: Construction Phase Services (Time and Materials) Based on 50 Construction Work Days Task IIa.—Bid Review,Pre-constr.Meeting,etc $3,880.00 Task IIb.—Construction Observation,Pay Review 339,850.00 Task IlIc.—Post Construction Report and Certification $8,980.00 Subtotal for Task II(Time and Materials) $52,710.00 Total Budget Tasks I and II: $76,360.00 Humiston&Moore Engineers 1OSi2 WORK ORDER FEE BREAKDOWN Humiston&Moore Engineers TASK 2:Construction Observation Rate Hours Amount Budget Principle Engineer $175.00 78.00 $13,650.00 Engineer III $105.00 36.00 $3,780.00 Engineer I $90.00 36.00 $3,240.00 $52,710.00 Junior Tech(Field) $75.00 400.00 $30,000.00 Senior Tech(AC2) $85.00 24.00 $2,040.00 • 16 Wet 4- II � EXECUTIVE SUMMARY Recommendation for the Board of County Commissioners to adopt a Resolution and approve a Lease Agreement with Congressman Trey Radel for use of County- owned office space for an initial two year term at a total revenue of$20. OBJECTIVE: To obtain approval from the Board of County Commissioners (Board) to accept and execute a Resolution and Lease Agreement for Congressman Trey Radel to utilize County-owned office space within the Administration Building at the main Government Center. CONSIDERATIONS: In order to have a local presence in the community, Congressman Trey Radel has requested utilization of office space contained in Suite 105 within the Administration Building at the main Government Center. The attached Lease Agreement reflects Congressman Radel's electoral term of two (2) years beginning January 3, 2013 to January 2, 2015. The Lease includes a renewal option for additional two-year terms pending the Congressman's re-election. The annual rental amount of $10 will be paid in advance. The County is responsible for all utilities, janitorial service, one cable television outlet and local telephone service to the leased space. The Congressman will be responsible for all long-distance telephone charges. As required by Florida Statute 125.38, a Resolution declaring that Suite 105 is not required for County use and available for lease to Congressman Radel is attached. FISCAL IMPACT: The annual rental fee of $10 will be paid in full for the two years, in advance, and shall be deposited into the General Fund (001). GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan. LEGAL CONSIDERATIONS: The proposed Resolution and Lease Agreement have been reviewed by the County Attorney's Office, are legally sufficient, and require a majority vote for approval. —JAK RECOMMENDATION: That the Board of County Commissioners accepts and approves the Resolution and Lease Agreement with Congressman Trey Radel and authorizes its Chairwoman to execute the attached Lease Agreement and Resolution. PREPARED BY: Michael Dowling, Sr. Property Management Specialist, Real Property Management, Facilities Management Department /Tern Adbtek RESOLUTION No. 2013 - RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, APPROVING A LEASE AGREEMENT BETWEEN COLLIER COUNTY AND CONGRESSMAN TREY RADEL FOR UTILIZATION OF OFFICE SPACE WITHIN THE ADMINISTRATION BUILDING. WHEREAS, Congressman Trey Radel (`Congressman') desires to lease an office space on the first floor of the Administration Building, Suite 105, owned by Collier County, a political subdivision of the State of Florida("Collier County"), in order to operate a United States government office. WHEREAS, the Lease Agreement provides for an initial two (2) year term which reflects the Congressman's election term. The Lease provides for automatic renewal terms, if the Congressman is re- elected, for additional two (2) year terms following the initial Lease term. The rent shall be Ten Dollars annually throughout the life of the Lease. WHEREAS, the Board of County Commissioners is satisfied that this property is required for the Congressman's use and is not needed for County purposes. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board of County Commissioners does approve the attached Lease Agreement between Collier County and Congressman Trey Radel, U.S. House of Representatives. 2. The Chairman of the Board of County Commissioners of Collier County, Florida, is hereby authorized to execute the attached Lease Agreement. This Resolution adopted this day of , 2013 after motion, second and majority vote. ATTEST: DWIGHT E.BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk GEORGIA A. HILLER, ESQ., CHAIRWOMAN Appro°e 6 ' to-for and legal sufficiency: 4 '° _ Jeffrey . latz ow, County Attorney 44'Gwl l 2 Lease # LEASE AGREEMENT THIS LEASE AGREEMENT entered into this day of , 2013, between United States Congressman Trey Radel, whose mailing address is 3299 East Tamiami Trail, Suite 105, Naples, Florida 34112, hereinafter referred to as "LESSEE", 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 "LESSOR". WITNES SETH In consideration of the mutual covenants contained herein, and other valuable consideration, the parties agree as follows: ARTICLE 1. Demised Premises LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR the property located at the Collier County Government Center, 3299 East Tamiami Trail, Suite 105, Naples, Florida 34112, hereinafter called the "Demised Premises", situated in the County of Collier and the State of Florida, for the sole purpose of operating a United States government office. ARTICLE 2. Term of Lease LESSEE shall have and hold the Demised Premises for a term of two (2)years, commencing on January 3, 2013 and ending January 2, 2015. LESSEE is granted the option, provided LESSEE is re- elected to the same office and is not in default of any of the terms of this Lease,to automatically renew same for additional terms of two (2) years which shall reflect the LESSEE'S term of office, under the same 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 be effective upon placement of the notice in an official depository of the United States Post Office,Registered or Certified Mail,Postage Prepaid. Any holding over the expiration of the terms of this Agreement with the consent of LESSOR shall be construed to be tenancy from month-to-month under the terms and conditions as provided herein,until such time as a new Lease Agreement can diligently be processed by LESSOR for the new term. LESSOR reserves the right to terminate this Lease, with or without cause, by providing LESSEE with thirty(30) days written notice to the address set forth in Article 14 of this Lease. Said notice shall be effective upon placement of the notice in an official depository of the United States Post Office, Registered or Certified Mail,Postage Prepaid. ARTICLE 3. Rent LESSEE hereby covenants and agrees to pay as rent for the Demised Premises the sum of Ten Dollars and 00/100 Cents ($10.00) per annum. The rent for the initial Lease term shall be paid in full thirty(30)days following the execution of this Lease by LESSOR. In the event LESSEE elects to renew this Lease, as provided for in ARTICLE 2, the rent stated above shall remain the same for the ensuing renewal term and shall be paid in full for the renewal term thereof and shall be paid within thirty(30)days for the commencement of the renewal term. 14014 (VO ARTICLE 4. Other Expenses and Charges 0 LESSOR shall pay all costs associated with the Demised Premises including, but not limited to, janitorial services and any and utility charges, except for long distance telephone charges which are addressed below. Utility charges shall include,but shall not be limited to,one(1)cable television outlet, electricity, light, heat, air conditioning, power, water, and sewer services used, rendered or supplied thereupon or in connection with the Demised Premises. LESSEE shall be billed by LESSOR for two (2)telephone voice lines. LESSOR shall bill, on a monthly basis, LESSEE'S Washington, D.C. office for all Suncom, telephone voice lines and long distance calls. LESSEE covenants to pay LESSOR for monthly Suncom, telephone voice lines and long distance charges, within thirty (30) days of receipt of invoice, in lawful money of the United States of America, at the address of LESSOR set forth in this Lease or at such other place as LESSOR may designate. 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 a denial to such request to LESSEE. LESSEE covenants and agrees in connection with any maintenance, repair work, erection, construction, improvement, addition or alteration of any authorized modifications, additions or improvements to the Demised Premises, to observe and comply with all then and future applicable laws, ordinances,rules, regulations, and requirements of the United States of America, State of Florida, County of Collier,and any and all governmental agencies. All alterations, improvements and additions to said Demised Premises 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 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 the same and making repairs or providing services therein, and for the purposes of inspection for compliance with the provisions of this Lease Agreement. 2 WirtcG ARTICLE 7. 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 to occupy same without the written consent of LESSOR. ARTICLE 8. Indemnity and Insurance The LESSEE is covered by protection of the Federal Tort Claim Act. ARTICLE 11.Maintenance LESSEE shall keep the Demised Premises clean at all times. ARTICLE 12. Default by LESSEE Failure of LESSEE to comply with any provision or covenant of this Lease shall constitute a default, and LESSOR may, at its option, terminate this Lease after providing written notice to LESSEE, as specified in Article 2 of this Lease, unless the default be cured within the notice period (or such additional time as is reasonably required to correct such default). ARTICLE 13.Default by LESSOR LESSOR shall in no event be charged with default in the performance of any of its obligations hereunder unless and until LESSOR shall have failed to perform such obligations within thirty(30) days (or such additional time as is reasonably required to correct such default) after notice to LESSOR by LESSEE properly specifying wherein LESSOR has failed to perform any such obligations. ARTICLE 14.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: LESSOR: LESSEE: Board of County Commissioners Congressman Trey Radel do Real Estate Services 3299 East Tamiami Trail, Suite 105 3335 East Tamiami Trail Naples,Florida 34112 Naples,Florida 34112 cc: Office of the County Attorney Facilities Management Department Director ARTICLE 15. Surrender of Premises LESSEE shall deliver up and surrender to LESSOR possession of the Demised Premises at the termination 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. • 3 140•144 CO ARTICLE 16. General Provisions LESSEE expressly agrees for itself, its successor and assigns, to refrain from any use of the Demised Premises which would interfere with or adversely affect the operation or maintenance of LESSOR'S standard operations where other operations share common facilities. (a) Rights not specifically granted the LESSEE by this Lease are hereby reserved to the LESSOR. (b) If applicable to this Lease, LESSEE agrees to pay all sales tax imposed on the rental of the Demised Premises where applicable under law. (c) LESSEE agrees to pay all intangible personal property taxes that may be imposed due to the creation, by this Lease, of a leasehold interest in the Demised Premises or LESSEE'S possession of said leasehold interest in the Demised Premises. ARTICLE 17. Left blank intentionally. ARTICLE 18.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 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 your County Public Health Department. ARTICLE 19.Extent of Liens All persons to whom these presents may come are put upon notice of the fact that the interest of the LESSOR in the Demised Premises shall not be subject to liens for improvements made by the LESSEE, and liens for improvements made by the LESSEE are specifically prohibited from attaching to or becoming a lien on the interest of the LESSOR in the Demised Premises or any part of either. This notice is given pursuant to the provisions of and in compliance with Section 713.10,Florida Statutes. ARTICLE 20. Effective Date This Lease shall become effective upon execution by both LESSOR and LESSEE. ARTICLE 21. Governing Law This Lease shall be governed and construed in accordance with the laws of the State of Florida. ARTICLE 22.District Office Lease As a requirement by the United States House of Representatives, a District Office Lease has been attached to this Lease as an Addendum. Signatures appear on the following page. 4 144411r IIC9 IN WITNESS WHEREOF,the parties hereto have hereunder set forth their hands and seals. AS TO THE LESSOR: DATED: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK,Clerk COLLIER COUNTY,FLORIDA BY: Deputy Clerk GEORGIA A.HILLER,ESQ., CHAIRWOMAN AS TO LESSEE: DATED: BY: WITNESS (signature) TREY RADEL,UNITED STATES CONGRESSMAN DISTRICT 19 (print name) WITNESS(signature) (print name) Approved .H : ' '' . legal sufficiency: 4414, Jeffrey A. a I;ow,County Attorney 5 v.S. .7fouse of representatives Washington,D.C.20515 District Office Lease (Page 1 of 2—113th Congress) Pursuant to 2 U.S.C. § 57,and the Regulations of the Committee on House Administration(as modified from time to time by Committee Order)relating to office space in home districts, (� •,�iL 0OGt,J�'7 , +T Po 1i Cn( SCc4 1, i'Vt . (.)'-/ a , (Landlord's name) (Landlord's street address,city,state,ZIP code) ("Lessor"),and T120-{ (Z Ab L- ,a Member/Member-Elect of the U.S.House of Representatives("Lessee"),agree as follows: 1. Location. Lessor shall lease to Lessee square feet of office space locat'd at %,„.j re- i a .1 3a 9 ? (Office street address) in the city,state and ZIP code of /'j/J P/e 5; GL.1 V Z (Office city,state and ZIP) 2. Parking. The Lease includes(please check any and all that apply): 12' / parking spaces that are assigned :44 42- parking spaces that are unassigned ❑ General off-street parking on an as available basis ❑ No off-street parking 3. Term. Lessee shall have and hold the leased premises for the period beginning / -- 3 ,20 /z3 and ending / — Z , 20 / The term of this District Office Lease("LEASE")may not exceed two years and may not extend beyond January 2,2015,which is the end of the constitutional term of the Congress to which the Member is elected. 4. Rent. The monthly rent shall be ,and is payable in arrears on or before the last day of each calendar month. Rent payable under this LEASE shall be prorated on a daily basis for any fraction of a month of occupancy. 5. Early Termination. This Lease may be terminated by either party giving d days'prior written notice to the other party. The commencement date of such termination notice shall be the date such notice is delivered or,if mailed,the date such notice is postmarked. 6. Payments. During the term of this Lease,rent payments under Section 4 shall be remitted to the Lessor by the Chief Administrative Officer of the U.S.House of Representatives("CAO")on behalf of the Lessee. 7. District Office Lease Attachment for 113th Congress. The District Office Lease Attachment attached hereto is incorporated herein by reference,and this Lease shall have no force or effect unless and until accompanied by an executed District Office Lease Attachment for the 113th Congress. 8. Counterparts. This Lease may be executed in any number of counterparts and by facsimile copy,each of which shall be deemed to be an original but all of which together shall be deemed to be one and the same instrument. ei VS. Mouse of Representatives Washington,D.C.20515 District Office Lease (Page 2 of 2—113th Congress) 9. Section Headings. The section headings of this Lease are for convenience of reference only and shall not be deemed to limit or affect any of the provisions hereof. 10. Modifications. Any amendments,additions or modifications to this Lease inconsistent with Sections 1 through 9 above shall have no force or effect to the extent of such inconsistency. 11. Other. Additionally,the Lessor and the Lessee agree to the following: IN WITNESS WHEREOF,the parties have duly executed this District Office Lease as of the later date written below by the Lessor or the Lessee. Print Name(Lessor/Landlord) Print Name (Lessee) Lessor Signature Lessee Signature Date Date This District Office Lease must be accompanied by an executed District Office Lease Attachment. 'U.S. 7-rouse of Representatives Washington,D.C.20515 District Office Lease Attachment (Page 1 of 4—113th Congress) 1. Incorporated District Office Lease Attachment. Lessor(Landlord)and Lessee (Member/Member-Elect of the U.S.House of Representatives)agree that this District Office Lease Attachment("Attachment")is incorporated into and made part of the Lease("Lease")and, if applicable,District Office Lease Amendment("Amendment")to which it is attached. 2. Performance. Lessor expressly acknowledges that neither the U.S.House of Representatives ("House")nor its Officers are liable for the performance of the Lease. Lessor further expressly acknowledges that payments made by the Chief Administrative Officer of the House("CAO")to Lessor to satisfy Lessee's rent obligations under the Lease—which payments are made solely on behalf of Lessee in support of his/her official and representational duties as a Member of the House—shall create no legal obligation or liability on the part of the CAO or the House whatsoever. Lessee shall be solely responsible for the performance of the Lease and Lessor expressly agrees to look solely to Lessee for such performance. 3. Modifications. Any amendment to the Lease must be in writing and signed by the Lessor and Lessee. Lessor and Lessee also understand and acknowledge that the Administrative Counsel for the CAO("Administrative Counsel")must review and give approval of any amendment to the Lease prior to its execution. 4. Compliance with House Rules and Regulations. Lessor and Lessee understand and acknowledge that the Lease shall not be valid,and the CAO will not authorize the disbursement of funds to the Lessor,until the Administrative Counsel has reviewed the Lease to determine that it complies with the Rules of the House and the Regulations of the Committee on House Administration, and approved the Lease by signing on page 4 of this Attachment. 5. Payments. The Lease is a fixed term lease with monthly installments for which payment is due in arrears on or before the end of each calendar month. In the event of a payment dispute,Lessor agrees to contact the Office of Finance of the House at 202-225-7474 to attempt to resolve the dispute before contacting Lessee. 6. Void Provisions. Any provision in the Lease purporting to require the payment of a security deposit shall have no force or effect. Furthermore,any provision in the Lease purporting to vary the dollar amount of the rent specified in the Lease by any cost of living clause,operating expense clause,pro rata expense clause,escalation clause,or any other adjustment or measure during the term of the Lease shall have no force or effect. 7. Certain Charges. The parties agree that any charge for default,early termination or cancellation of the Lease which results from actions taken by or on behalf of the Lessee shall be the sole responsibility of the Lessee,and shall not be paid by the CAO on behalf of the Lessee. 8. Death,Resignation or Removal. In the event Lessee dies,resigns or is removed from office during the term of the Lease,the Clerk of the House may,at his or her sole option,either: (a) terminate the Lease by giving thirty(30)days' prior written notice to Lessor;or(b)assume the obligation of the Lease and continue to occupy the premises for a period not to exceed sixty(60) days following the certification of the election of the Lessee's successor. In the event the Clerk elects to terminate the Lease,the commencement date of such thirty(30)day termination notice shall be the date such notice is delivered to the Lessor or,if mailed,the date on which such notice is postmarked. • . IIJr US. 1louse of Representatives Washington, D.C. 20515 District Office Lease Attachment (Page 2 of 4— 113th Congress) 9. Term. The term of the Lease may not exceed the constitutional term of the Congress to which the Lessee has been elected. The Lease may be signed by the Member-Elect before taking office. Should the Member-Elect not take office to serve as a Member of the 113 'Congress,the Lease will be considered null and void. 10. Early Termination. If either Lessor or Lessee terminates the Lease under the terms of the Lease, the terminating party agrees to promptly file a copy of any termination notice with the Office of Finance,U.S.House of Representatives,B-245 Longworth House Office Building,Washington, D.C.20515,and with the Administrative Counsel,Office of the Chief Administrative Officer, U.S.House of Representatives,217 Ford House Office Building, Washington,D.C.20515. 11. Notification upon Occurrence of Certain Events. Lessor agrees to promptly notify Lessee in writing in the event Lessor sells,transfers, or otherwise disposes of the leased premises;in the event Lessor is placed in bankruptcy proceedings(whether voluntarily or involuntarily); in the event the leased premises is foreclosed upon; or in the event of any similar occurrence. Lessee shall promptly file a copy of any such notice with the Office of Finance,U.S.House of Representatives,B-245 Longworth House Office Building,Washington,D.C.20515. 12. Estoppel Certificates. Lessee agrees to sign an estoppel certificate relating to the leased premises(usually used in instances when the Lessor is selling or refinancing the building)upon the request of the Lessor. Such an estoppel certificate shall not require the review and approval of the Administrative Counsel. 13. Maintenance of Common Areas. Lessor agrees to maintain in good order,at its sole expense, all public and common areas of the building including,but not limited to,all sidewalks,parking areas,lobbies,elevators,escalators, entryways,exits,alleys and other like areas. 14. Maintenance of Structural Components. Lessor also agrees to maintain in good order,repair or replace as needed,at its sole expense,all structural and other components of the premises including,but not limited to,roofs,ceilings,walls(interior and exterior),floors,windows,doors, foundations,fixtures,and all mechanical,plumbing,electrical and air conditioning/heating systems or equipment(including window air conditioning units provided by the Lessor)serving the premises. 15. Lessor Liability for Failure to Maintain. Lessor shall be liable for any damage,either to persons or property,sustained by Lessee or any of his or her employees or guests,caused by Lessor's failure to fulfill its obligations under Sections 13 and 14. 16. Initial Alterations. Lessor shall make any initial alterations to the leased premises,as requested by Lessee and subject to Lessor's consent,which shall not be unreasonably withheld. The cost of such initial alterations shall be included in the annual rental rate. 17. Federal Tort Claims Act. Lessor agrees that the Federal Tort Claims Act,28 U.S.C. §§2671- 80, satisfies any and all obligations on the part of the Lessee to purchase private liability insurance. Lessee shall not be required to provide any certificates of insurance to Lessor. lit°44 lib VS. Mouse of Representatives Washington,D.C. 20515 District Office Lease Attachment (Page 3 of 4—113th Congress) 18. Limitation of Liability. Lessor agrees that neither Lessee nor the House nor any of the House's officers or employees will indemnify or hold harmless Lessor against any liability of Lessor to any third party that may arise during or as a result of the Lease or Lessee's tenancy. 19. Compliance with Laws. Lessor shall be solely responsible for complying with all applicable permitting and zoning ordinances or requirements,and with all local and state building codes, safety codes and handicap accessibility codes(including the Americans with Disabilities Act), both in the common areas of the building and the leased space of the Lessee. 20. Electronic Funds Transfer. Lessor agrees to accept monthly rent payments by Electronic Funds Transfer and agrees to provide the Office of Finance,U.S.House of Representatives,with all banking information necessary to facilitate such payments. 21. Refunds. Lessor shall promptly refund to the CAO,without formal demand,any payment made to the Lessor by the CAO for any period for which rent is not owed because the Lease has ended or been terminated. 22. Conflict. Should any provision of this Attachment be inconsistent with any provision of the attached Lease or attached Amendment,the provisions of this Attachment shall control,and those inconsistent provisions of the Lease or the Amendment shall have no force and effect to the extent of such inconsistency. 23. Construction. Unless the clear meaning requires otherwise,words of feminine,masculine or neuter gender include all other genders and,wherever appropriate,words in the singular include the plural and vice versa. 24. Fair Market Value. The Lease or Amendment is entered into at fair market value as the result of a bona fide,arms-length,marketplace transaction. The Lessor and Lessee certify that the parties are not relatives nor have had,or continue to have,a professional or legal relationship (except as a landlord and tenant). 25. District Certification. The Lessee certifies that the office space that is the subject of the Lease is located within the district the Lessee was elected to represent unless otherwise authorized by Regulations of the Committee on House Administration. 26. Counterparts. This Attachment may be executed in any number of counterparts and by facsimile copy,each of which shall be deemed to be an original but all of which together shall be deemed to be one and the same instrument. 27. Section Headings. The section headings of this Attachment are for convenience of reference only and shall not be deemed to limit or affect any of the provisions hereof. [Signature page follows.] AtIM ho,L1lb .1-Louse of Representatives Washington, D.C. 20515 District Office Lease Attachment (Page 4 of 4— 113th Congress) IN WITNESS WHEREOF,the parties have duly executed this District Office Lease Attachment as of the later date written below by the Lessor or the Lessee. Print Name(Lessor) Print Name(Lessee) Lessor Signature Lessee Signature Date Date From the Member's Office,who is the point of contact for questions? Name Phone( ) E-mail @mail.house.gov This District Office Lease Attachment and the attached Lease or Amendment have been reviewed and are approved,pursuant to Regulations of the Committee on House Administration. Signed Date ,20 (Administrative Counsel) Send completed forms to:Administrative Counsel,217 Ford House Office Building, Washington,D.C.20515. Copies may also be faxed to 202-225-6999 EXECUTIVE SUMMARY ( �_ !)k Recommendation to authorize a representative of the County Attorney's Office to bid on eight parcels on behalf of the County at code enforcement lien foreclosure sales scheduled by the Clerk in the case styled Board of County Commissioners of Collier County v. Henry J. Tesno, et aL,now pending in the Circuit Court of the Twentieth Judicial Circuit,in and for Collier County,Florida, Case No. 11-904-CA. OBJECTIVE: To obtain Board authorization for a representative of the County Attorney's Office to bid on eight parcels to be sold at separate foreclosure sales (currently set for January 17, 2013), as a result of a Summary Final Judgment in favor of the County in Collier County v. Henry J. Tesno, et aL, Case No. 11-904-CA. CONSIDERATIONS: On May 26, 2009 (Agenda Item 16K4) and April 27, 2010 (Agenda Item 16K1), the Board authorized the initiation of foreclosure proceedings against Henry Tesno and Jill Weaver in relation to twenty-two (22) code enforcement liens. The foreclosure action was filed on March 22, 2011. On December 14, 2012, the Court entered a Final Summary Judgment for Foreclosure in favor of the County, reciting a total sum due of$1,063,504.41 under the liens. A copy of the December 14th judgment is attached in the backup to this item. The judgment also directed the Clerk to sell eight of Tesno and Weaver's properties located off of Bayshore Drive, in unincorporated Collier County, to satisfy the liens. These sales are scheduled to take place on January 17, 2013. In the event the County obtains title to the properties,there is a strong likelihood that the County will be able to recoup any cleanup costs, as well as costs associated with the acquisition of these parcels, upon re-sale. There is also the potential for recovery of the County's costs via third- party bidders. Accordingly, the County's minimum bids will be calculated to recoup all hard costs expended by the County in relation to the foreclosure and underlying violations. FISCAL IMPACT: If the County takes title to any of the properties, nominal recording costs will be required. These costs are to be paid from the "Code Enforcement Board Fines"Revenue Account. Sufficient budget exists in the FY 2013 Fund (111) Code Enforcement Department budget to participate in this foreclosure sale. Any fiscal impact will likely be offset upon acquisition and/or sale of the properties. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: 1. Authorize a representative of the County Attorney's Office to bid on the subject parcels up to the amount of its fmal judgment at the foreclosure sale; and 2. Accept title to the parcels and authorize recording of title to the properties, upon confirmation of the sale by the Clerk and issuance of a Certificate of Title; and 3. Authorize staff to pay any fees, assessments, or expenses associated with the sale and recording of the Certificate of Title; and 4. Authorize staff to take necessary measures to abate the existing violations on the property and to thereafter surplus and sell the property in accordance with state and local laws. Prepared by: Jeff E. Wright,Assistant County Attorney INSTR 4778293 OR 4868 PG 769 RECORDED 12/21/2012 2:46 PM PAGES 8 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $69.50 1,2 ,E,...,„, .• , , , 6,,,, • • ic()A-- 4 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY,FLORIDA—CIVIL DIVISION BOARD OF COUNTY COMMISSIONERS, Fled iyppen Gad COLLIER COUNTY,FLORIDA, Dater ....Dwight E.Brock.Clerk J PIaintiff, Q!:M• Stok D.C, vs. CASE NO.: 11-00904-CA HENRY J.TESNO et al, Defendants. / RCa FINAL SUMM•_at_10=.emu 131 •II...y1'•_;a.*RECLOSURE or THIS ACTION came befo• th -. -. , December 14, 20 , on Plaintiff's MOTION FOR SUMMARY JUDGMENT for F.re• osure • . . e Court, havin: rev ewed the pleadings, affidavits, and other evidence of record, : d h. r g h:. •_ le an being otherwise fully advised in the premises,finds as follow-C, A. Service of proces 1 4 been properly se �t • p.`•• Defendants and the Court has jurisdiction over the parties and ov i ee bject matter of thi . ', •. B. Defendants, HENRY ti zar.. . '11, -VER, are the record owners of the Subject Properties(as further described in Para i . -, .elow)in this lawsuit. C. The County's interest in the code enforcement liens that are the subject of this action is paramount and superior to any right, title, interest, claims, liens, encumbrances, and equities of the Defendants, HENRY J. TESNO and JILL WEAVER, and all persons claiming any interest in the Subject Properties(as further described in Paragraph E,below)since the filing of the Lis Pendens. D. Certified copies of the Orders Imposing Fine/Lien ("Orders") rendered by the Collier County Code Enforcement Board and/or Special Magistrate were properly recorded in the Official Public Records of Collier County, and constitute valid liens upon the Subject Property. These Orders are as follows: 1. On September 4, 2009, by Order of the Special Magistrate of Collier County, Florida, a lien was imposed upon Weaver and Tesno, in the amount of$250.61; this lien was duly certified and recorded on September 18, 2009 in the Official Records of Collier County,Florida in OR Book 4492,Page 3355. OR 4868 PG 770 1 ilf . . • • 2. On November 2, 2007, by Order of the Special Magistrate of Collier County, Florida, a lien was imposed upon Weaver and Tesno, in the amount of$1,151.16;this lien was duly certified and recorded on November 27, 2007 in the Official Records of Collier County,Florida in OR Book 4305,Page 2843. 3. On October 17, 2008, by Order of the Special Magistrate of Collier County, Florida, a lien was imposed upon Weaver and Tesno, in the amount of$2,630.98;this lien was duly certified and recorded on October 21, 2008 in the Official Records of Collier County,Florida in OR Boo, 02,Page 11754. 4. On November r 11- R a- - •-cial Magistrate of Collier County, C Florida, a lien •' im.•:-= • := Weaver and -sn• in the amount of$874.69; this lien was duly ce ifi:• ••,..4 - •�f•..• .•i„= .- .. '7, 007 in the Official Records of Collier County, F . •. • 9 ' : .. 4: i"_ PO 4.5 f.F-4 r 5. On Nove• , 2007, by Order ,, - S..-, '-I Magistrate of Collier County, Florida,a lien was ' .0). .on Weaver = •. '- ,, in the amount of$29,856.29;this lien was duly certified and rr=4 1`dhe- -'ember 27, 2007 in the Official Records of Collier County,Florida in OR Book 4305,Page 2912. 6. On February 8, 2008, by Order of the Special Magistrate of Collier County, Florida, a lien was imposed upon Weaver and Tesno, in the amount of$149,719.65, with continuing fines to April 27, 2010 for a total lien as of that date of$196,825.65; this lien was duly certified and recorded on February 22, 2008 in the Official Records of Collier County,Florida in OR Book 4332,Page 679. 7. On November 2, 2007, by Order of the Special Magistrate of Collier County, Florida, a lien was imposed upon Weaver and Tesno, in the amount of$5,267.95;this lien was duly certified and recorded on November 27, 2007 in the Official Records of Collier County,Florida in OR Book 4305,Page 2693. 2 OR 4868 PG 771 12E tt ■ . • • 8. On January 15, 2008, by Order of the Special Magistrate of Collier County, Florida,a lien was imposed upon Weaver and Tesno, in the amount of$55,767.95,with Continuing fines to April 27, 2010 for a total lien as of that date of$187,267.95; this lien was duly certified and recorded on September 18, 2009 in the Official Records of Collier County,Florida in OR Book 4324,Page 2113. 9. On July 1,2008,by Order of the Special Magistrate of Collier County, Florida, a lien was imposed upon Weaver and Tesno, in the amount of$491.79; this lien was duly certified and recorded on Jul 2008 in the Official Records of Collier County, iR COt Florida in OR Book 43 • ' J° : •. ? 10. On Jan • 15 ••!_e: : Order of the " 'eel, Magistrate of Collier County, Florida,alien w•/' , .• ;•� = . in a amount of$31,317.30,with continuing fines -• • i, I •r ,•tal li‘n + 1 a date of$53,817.30;this lien r was duly certifie. it, corded on Jan • Tits 8, 21 folio the Official Records of Collier County,Florida in 0' tg.. 4324,Page 210'...1 . 11. On October 3, ZOO:, ro C e Special Magistrate of Collier County, Florida,a lien was imposed upon Weaver and Tesno, in the amount of$30,458.59;this lien was duly certified and recorded on October 9, 2008 in the Official Records of Collier County,Florida in OR Book 4399,Page 3517. 12. On September 4, 2009, by Order of the Special Magistrate of Collier County, Florida,a lien was imposed upon Weaver and Tesno, in the amount of$32,108.02;this lien was duly certified and recorded on September 18, 2009 in the Official Records of Collier County,Florida in OR Book 4492,Page 3351. 13. On November 2, 2007, by Order of the Special Magistrate of Collier County, Florida, a lien was imposed upon Weaver and Tesno, in the amount of$163.80; this 3 1 OR 4868 PG 772 .E • • lien was duly certified and recorded on November 27, 2007 in the Official Records of Collier County,Florida in OR Book 4305,Page 2646. 14. On July 1,2008,by Order of the Special Magistrate of Collier County,Florida, a lien was imposed upon Weaver and Tesno,in the amount of$50,341.79;this lien was duly certified and recorded on July 15, 2008 in the Official Records of Collier County, Florida in OR Book 4378,Page 820. 15. On April 3,2009,by Order of the Special Magistrate of Collier County,Florida, a lien was imposed upon Weaver andTesno,in the amount of$76,607.04;this lien was duly certified and reco •r• . • .n s vie ' Official Records of Collier County, Florida in OR Boo • • • Page 80. 16. On Jan 4 w: • .: .. • ial Magistrate of Collier County, I. Florida,a lien w:. . .• - ; •: • • e !, andll —ns,riza the amount of$31,314.82;this lien was duly ce 0-3. and recorded on 4 /46 008 in the Official Records of r Collier County,FIori. j► : Book 4324,P... • 0 . • 0-. 17. On November 7, 20#:, • .4,;• : # e Special Magistrate of Collier County, Florida,a lien was imposed upon Weaver and Tesno, in the amount of$42,247.04;this lien was duly certified and recorded on November 20, 2008 in the Official Records of Collier County,Florida in OR Book 4408,Page 3634. 18. On November 21, 2008, by Order of the Special Magistrate of Collier County, Florida,a lien was imposed upon Weaver and Tesno, in the amount of$76,400.25;this lien was duly certified and recorded on December 4, 2008 in the Official Records of Collier County,Florida in OR Book 4411,Page 1826. 19. On October 3, 2008, by Order of the Special Magistrate of Collier County, Florida, a lien was imposed upon Weaver and Tesno, in the amount of$241.29; this 4 1 OR 4868 PG 773 , . e • 12 -,E,'..,1 'c, 1.1' lien was duly certified and recorded on October 221, 2008 in the Official Records of Collier County,Florida in OR Book 4402,Page 1225. 21. On October 3, 2008, by Order of the Special Magistrate of Collier County, Florida,a lien was imposed upon Weaver and Tesno, in the amount of$17,367.87;this lien was duly certified and recorded on October 21, 2008 in the Official Records of Collier County,Florida in OR Book 4402,Page 1229. 22. On November 21, 2008, by Order of the Special Magistrate of Collier County, Florida, a lien was imposed upon -.ver and Tesno, in the amount of$26,597.77;this A_VR lien was duly certifies • : 1 • •e• o : -. 4, 4, 2008 in the Official Records of C Collier County,Fl. 'da ` • : •k 4411,Page 04. 23. On Nove be ..'r r: . c•.. • '. ci. Magistrate of Collier County, Florida, a lien w=: • •••-.0 : •Ie. f andri -.n•, e amount of$16,088.96;this lien was duly ce ',• and recorded on R i. f b , '008 in the Official Records of Collier County,Flori�... is► : Book 4411,P. ' : r'. • • E. Pursuant to § 162.09(3), F 7.>►. ., ese Orders imposed an enforceable lien against the following property(the"Subject Properties"),described as: Parcel A: LOT 77,LAKE KELLY,UNIT 2,IN ACCORDANCE WITH AND SUBJECT TO THE PLAT RECORDED IN PLAT BOOK 3,PAGE 93,PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA. Parcel B: LOT 15,KELLY PLAZA SUBDIVISION,IN ACCORDANCE WITH AND SUBJECT TO THE PLAT RECORDED IN PLAT BOOK 3,PAGE 95,PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA. Parcel E: LOT 78,LAKE KELLY,UNIT 2,IN ACCORDANCE WITH AND SUBJECT TO THE PLAT RECORDED IN PLAT BOOK 3,PAGE 93,PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA. Parcel F: MOBILE HOME AND LOT 16,KELLY PLAZA SUBDIVISION,IN ACCORDANCE WITH AND SUBJECT TO THE PLAT RECORDED IN PLAT BOOK 3,PAGE 95,PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA. 5 OR 4868 PG 774 , ". • • Parcel G: LOT 14,KELLY PLAZA SUBDIVISION,IN ACCORDANCE WITH AND SUBJECT TO THE PLAT RECORDED IN PLAT BOOK 3,PAGE 95,PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA. Parcel H: LOT 8,KELLY PLAZA,IN ACCORDANCE WITH AND SUBJECT TO THE PLAT RECORDED IN PLAT BOOK 3,PAGE 96,PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA. Parcel I: LOT 3,KELLY PLAZA,IN ACCORDANCE WITH AND SUBJECT TO THE PLAT RECORDED IN PLAT BOOK 3,PAGE 95,PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA. Parcel K: LOT 72,LAKE KELLY,UNIT 2,IN ACCORDANCE WITH AND SUBJECT TO THE PLAT RECORDED IN PLAT BOOK 3,PAGE 93,PUBLIC RECORDS OF COLLIER COUNTY:FLORIDA. COUk F. There are no other e 1. recorded against ••e -S ject Properties, which liens are superior to the County's code e •rc G. Plaintiff, Collier Co . '^ pr secution of this action in the amount of$3,452.50 (represent : 'o H ee l. e`; i iclavit of Diane Flagg(Exhibit B to the County's Motion). In a• ,n, 'lainti will e 4 nd •0 '" •osts for foreclosure processing ($70 per sale,for eight sales). Th •sts,combined,eq :: $',0 04. . H. Default was entered - 1 Defendants •• • 15,2011. I. As to each Defendant,the • s _'es of material fact,and Plaintiff,Collier County,is entitled to a judgment in its favor as a matter of law;accordingly,it is ORDERED AND ADJUDGED that Plaintiff's Motion for Summary Judgment for foreclosure against Defendants HENRY TESNO and JILL WEAVER, et al., and any person claiming an interest in the Subject Properties through them, is hereby GRANTED and a Final Summary Judgment for Foreclosure("The Judgment")is hereby entered in accordance with the following terms: 1. As of December 14, 2012, there is due and owing from Defendants, HENRY TESNO and JILL WEAVER, to the Plaintiff, the accrued sum of the code enforcement lien which equals $1,059,491.91,for which let execution issue. 2. Plaintiff,Collier County,is entitled to the costs incurred in this action,pursuant to § 162.10,Florida Statutes,in the amount of$4,012.50. 3. Plaintiff has code enforcement liens as a security interest to secure the payment of the aforesaid sums against the Subject Properties. Plaintiff's liens are prior,paramount,and superior to all 6 i OR 4868 PG 775 12 E _ t ,,-, • • rights, claim, liens, interest, encumbrances, and equities of the Defendants and all persons or entities claiming by,through,or under said Defendants or any one of them. 4. Unless the Defendants shall, at any time prior to the sale of the properties described herein,pay to Plaintiff the total sum of$1,063,504.41,with interest at the rate prescribed by law and the aforesaid costs and fees, the Clerk of Court, after publication of notice as required by law, shall sell each of the Subject Properties at eight (8) separate public sales, all to be held on 3'Onuci . Ill , 2013, at (I:00 o'clock,to the highest and best bidder(s) for cash, in the Third Floor Lobby, Collier County Courthouse Annex,Naples, Collier County,Florida, in accordance with § 45.031,Florida Statutes. The Subject Properties shall be sold free and clear of all right, title, interest, claim, lien, encumbrance, remainder reversion, homestead, dower, or equity of redemption whatsoever of the Defendants named -id •'i•ir, •ns or entities claiming interest in said properties,as of the date of filing of .% • 'ce of Lis Pen• • 5. Plaintiff is hereby -• = : bid at all eight • es • d apply against any debt made by it, the amount found to be • - '1.'n 'ff • • Jud-•• ent.T'ec •n 45.031(2), Florida Statutes, requires that the high bidder p•s. the • • 1 9 1 e ..f o iv Percent(5%)of the final bid. r I In the event that a successful • Z:'s • -• • - req:•.. , - ••sit in accordance with Florida Statutes with the Clerk, said bid t • yid and the sale s 4.:7:o o ••i - cond highest bidder, who shall also comply with Florida Statutes '11 re : on to the require. . •• . However, if the Plaintiff is the •successful bidder,it is excluded from •e,•;�•s .r ,,ell ' 6. Out of the proceeds arising from • - ••e of the property,the Clerk shall retain his fees and shall distribute the proceeds of the sale, so far as they are sufficient, by paying: first, all of the costs as determined herein; second, documentary stamps affixed to the Certificate of Sale; third, the total sum due to Plaintiff as set forth in this final judgment,plus interest at the rate prescribed by law from this date to the date of sale. If the Subject Properties shall sell, individually or collectively, for more than enough to pay the above-mentioned sums with interest, the Clerk shall retain the surplus and report to this Court for the Court to further order. The Clerk of the Court shall hold the surplus in the registry of this Court. Thereafter, upon motion and notice of hearing to all parties,the Court will adjudicate the rights hereto according to law and equity. 7. Upon the sales being held in accordance with Chapter 45 of the Florida Statutes, and upon the Clerk filing Certificates of Sale and Certificates of Title,the sales shall stand confirmed and title shall pass fully and completely to the purchasers named in the Certificates of Title free and clear of any right, title, interest, estate, claim, or equity of redemption of the Defendants or any person claiming, by, through, or under them, or any person claiming any interest in the Subject Properties, 7 *** OR 4868 PG 776 *** "' z 0 I . and the purchaser at the sale shall be let into possession of the property. Further, any and all persons whosoever claiming against the Subject Properties, by virtue of any liens or other interest unrecorded as of the date of the filing of Lis Pendens with the Clerk of this Court, shall be forever barred from asserting any such liens or other interest any such liens or other interest shall be discharged forever,in accordance with Florida Statutes. 8. Upon entry of this Judgment,Parcels C,D,J,and L, as described in Plaintiffs Motion for Summary Judgment,are hereby released from the liens described in Paragraph D,above. 9. This Court retains jurisdiction of this cause for purposes of making all other orders and judgments as may be necessary and appropriate herein, including, but not Iimited to, writs of assistance determining claims to any surplus and granting such other relief as may be appropriate. Section 162.09(3), Florida Statutes (20 . , ,,Rneee :=- for entry of a deficiency judgment in favor of the Plaintiff in the event th• . .ceeds of the s.1 • .a,:: . property are insufficient to pay the amounts due and owing Plaintiff a urs K • = •-:. Judgment. Up.n filing of the Certificate of Title, Defendants shall relinquish pos -ssi C e ` �;- Pro. DONE AND ORDERED a p o + : :• p =`=- ber,2012. T,,4, j 41_ io iffaaw / Le: i /irs 04, rH i�l .urt Judge oRfored copies to: C c\ Henry J.Tesno Jill J.Weaver 3117 Areca Avenue Naples,FL 34112 lJeff Bluestein,Esquire Marc L.Shapiro,P.A. 720 Goodlette Road N.-Ste.304 Naples,Florida 34102 Jeff E.Wright Assistant County Attorney ,, 3299 Tamiami Trail,East-Suite 800 Naples,Florida 34112 Bookkeeping f 0,000 O 8 Agenda Item No. 16K4 May 26,2009 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to authorize the Office of the County Attorney to initiate foreclosure proceedings pursuant to Section 162.09, Florida Statutes, in relation to ten (10) code enforcement liens, arising from Code Enforcement Special Magistrate Case Nos. 2006-081081,2006-110049,2007-020244,2007-030057,2007-040275,2007- 070378, 2007-070379, 2007-080081, 2007-080702, 2008-007987, entitled Board of County Commissioners, Collier County,Florida vs. Henry Tesno and Jill Weaver. OBJECTIVE: To obtain Board authorization for the Office of the County Attorney to initiate foreclosure proceedings pursuant to Section 162.09, Florida Statutes, in relation to ten (10) code enforcement liens (totaling $304,242.65) imposed against all real and personal property owned by Henry Tesno and Jill Weaver, for minimum housing and unlicensed vehicle ordinance violations at several properties in Collier County. CONSIDERATIONS: Together, Henry Tesno and Jill Weaver ("Tesno and Weaver") own twelve residential properties in Collier County. They have a long history of code enforcement violations, and in the past ten years, over twenty-five liens have been imposed against their real and personal property,mainly for minimum housing violations. According to Code Enforcement Department calculations, the total amount of outstanding fines exceeds one million dollars. Most of the ten liens at issue are the result of minimum housing violations, and include renting property to tenants without running water or electricity, and other violations involving unsafe structures. These violations create serious health and safety concerns. Additional details concerning the ten liens that are the subject of the proposed foreclosure action include the following: Case No. Amount OR Bk/Page OSM 2006-081081 $ 1,151.16 4305/2843 OSM 2006-110049 $ 2,630.98 4402/1175 OSM 2007-020244 $ 874.69 4305/2650 OSM 2007-030057 $ 26,562.59 4305/2912 OSM 2007-040275 $ 149,719.65 4332/0679 OSM 2007-070378 $ 5,267.95 4305/2693 OSM 2007-070379 $ 55,767.95 4324/2113 OSM 2007-080081 $ 491.79 4378/0816 OSM 2007-080702 $ 31,317.30 4324/2109 OSM 2008-007987 $ 30,458.59 4399/3517 TOTAL $304,242.65 Under Section 162.09, Florida Statutes, these liens are against all real and personal property owned by Tesno and Weaver. Because several of the violations at issue occurred at properties which are co-owned by Tesno and Weaver on Lunar Street and on 12Ej i Agenda Item No. 16K4 May 26,2009 Page 2 of 3 Van Buren Avenue,the initial targets of the proposed foreclosure action are: 3069 Lunar Street, 3145 Lunar Street, 3137 Lunar Street, and 3140 Van Buren. These properties are located just north of the intersection of Bayshore Drive and Thomasson Drive. Together, these four non-homestead properties are appraised at $244,204.00, according to the Collier County Property Appraiser 2008 Final Tax Roll. FISCAL IMPACT: The fiscal impact of initiating a foreclosure suit is approximately $360.00 (representing a $300.00 filing fee plus cost of service). Costs for maintaining the lawsuit (including, as necessary, any title review, copies, mailings, service, transcripts, and other routine litigation costs) should not exceed $500. The County should ultimately recover all costs in initiating and pursuing this lawsuit. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. ADDITIONAL LEGAL CONSIDERATIONS: This item is not quasi-judicial, and as such no ex parte disclosure is required. This item requires a simple majority vote, and is legally sufficient for Board action. -JW RECOMMENDATION: That the Board of County Commissioners authorize the Office of the County Attorney to initiate foreclosure proceedings against any and all of Tesno and Weaver's non-homestead property, in relation to the code enforcement liens referenced above,pursuant to Section 162.09 Florida Statutes. PREPARED BY: Jeff E. Wright, Assistant County Attorney E ' • n�. Agenda Item No. 16K1 April 27, 2010 Page 1 of 5 EXECUTIVE SUMMARY Recommendation to authorize the Office of the County Attorney to initiate foreclosure proceedings pursuant to Section 162.09,Florida Statutes, in relation to twenty-two(22)code enforcement liens, arising from Code Enforcement Special Magistrate Cases listed herein, all of which are entitled Board of County Commissioners, Collier County, Florida vs. Henry Tesno and Jill Weaver. OBJECTIVE: To obtain Board authorization to initiate foreclosure proceedings pursuant to Section 162.09, Florida Statutes, in relation to twenty-two (22) code enforcement liens (totaling $878,341.91) imposed against all real and personal property owned by Henry Tesno and Jill Weaver, for various code enforcement violations at several properties in Collier County. CONSIDERATIONS: Henry Tesno and Jill Weaver ("Tesno and Weaver") own eleven residential properties in Collier County. They have a long and extensive history of code enforcement violations. In the past ten years, over twenty-five liens have been imposed against their real and personal property, mainly for minimum housing and litter violations. Because violations have involved tenants living without running water or electricity, as well as unsafe structures,these violations have created serious health and safety, as well as aesthetic,concerns. Additional details concerning the liens that are the subject of proposed foreclosure proceedings include the following: Case No. Amount OR Bk/Page OSM-2006-070464 $ 250.61 4492/3355 OSM 2006-081081 $ 1,151.16 4305/2843 OSM 2006-110049 $ 2,630.98 4402/1175 OSM 2007-020244 $ 874.69 4305/2650 OSM 2007-030057 $ 29,826.59 4305/2912 OSM 2007-040275 $ 196,825.65 4332/0679 OSM 2007-070378 $ 5,267.95 4305/2693 OSM 2007-070379 $ 187,267.95 4324/2113 OSM 2007-080081 $ 491.79 4378/0816 OSM 2007-080702 $ 53,817.30 4324/2109 OSM 2008-007987 $ 30,458.59 4399/3517 OSM-CEPM-2008-0003253 $ 32,108.02 4492/3351 OSM-2007-050039 $ 163.80 4305/2646 OSM-2007-080079 $ 50,341.79 4378/820 OSM-CEPM-2008-0011071 $ 76,607.04 4445/1180 OSM-2007-080993 $ 31,314.82 4324/2105 OSM-CEPM-2008-0008890 $ 42,247.04 4408/3634 OSM-CEPM-2008-0003564 $ 76,400.25 4411/1827 OSM-CEV-2008-0007718 $ 241.29 4402/1225 OSM-CEPM-2008-0007719 $ 17,367.87 4402/1229 OSM-CEV-0007422 $ 26,597.77 4411/1804 OSM-CENA-2008-0007439 $ 16,088.96 4411/1809 TOTAL $878,341.91 12E ' Agenda Item No. 16K1 April 27,2010 Page 2 of 5 On May 26, 2009, under agenda item 16.K.4, the Board authorized the initiation of foreclosure proceedings against Tesno and Weaver, which authorization covered only ten (10) liens (see Executive Summary dated 5/26/09, included in the backup materials for this item). Since then, the County has filed a counterclaim asserting various code enforcement lien interests. Because there are twelve additional liens that are eligible for foreclosure, this item seeks authorization to foreclose any and all of the listed liens, via complaint or counterclaim, against any and all non- homestead properties owned by Tesno and/or Weaver. FISCAL IMPACT: The fiscal impact of initiating the proposed foreclosure proceeding is approximately $2,000.00 (representing a $905.00 filing fee, plus costs of service, publication, and other related costs). Costs for maintaining the lawsuit (including, as necessary, any title review,copies, mailings, service,transcripts, and other routine litigation costs) should not exceed $1,000. The County should ultimately recover all costs in initiating and pursuing this lawsuit. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. ADDITIONAL LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. -JW RECOMMENDATION: That the Board of County Commissioners authorize the Office of the County Attorney to initiate foreclosure proceedings against any and all of Tesno and Weaver's non-homestead property, in relation to the code enforcement liens referenced above, pursuant to Section 162.09 Florida Statutes. PREPARED BY: Jeff E. Wright,Assistant County Attorney MEMORANDUM TO: Commissioner Hiller, Chairperson Collier County Board of Commissioners FROM: Marvin Courtright DATE: January 6, 2013 SUBJECT: AGENDA ITEM: BCC MEETING — JANUARY 8, 2013 A review of the turbine engine fast-track program has produced multiple discrepancies in development of the facility. • The Fire Code official (Collier County Fire Control & Rescue District) was correct in requesting identification of the engine make, model and type prior to approval of the site development plan. • Research has revealed and is documented that the engine identified to the EDC by the developer falls under the Office of the Inspector General and H.R.1000 as a subject of review prior to utilization in any manner other than the Federal Government. • The engine itself falls under the U.S. Department of Transportation and Federal Aviation Administration Advisory Circular AC No. 20-142 addresses the prerequisite for review of all U.S. military turbine/turbo jet engines prior to being considered surplus. • The EDC addressed a requirement for providing fuel to the engine for testing. This matter is in violation of safety requirements requiring storage of and fueling procedures. • All of the references here are designed to prevent the engines and/or parts being made available to foreign countries. The references made here are documented and will be provided upon request. I personally believe that the turbine engine contractual agreement should be reviewed for compliance with the above referenced items. 1 _ . 1 OFFICE OF THE FIRE CODE OFFICIAL , Collier County Fire Control&Rescue Districts 700 North Horseshoe Drive _ `�" , Naples,Florida 34104a :-z. 3/15/2012 Thomas G.Cannon,Chairman East Naples Fire Control and Rescue District RE: Turbo Services Planning tracking number-SDPA—PL20110001144 Building Permit number-PRBD2012020235301 Building Application number-PRBD20120202353 Mr.Cannon, We have assembled a time line(tab 1)and attached copies of all review comments and written correspondence to date,associated with this project.Additionally,I have attached newspaper articles associated with this project which provide some additional information,I do recognize that the news media doesn't always get the facts right but I would expect the Executive Director Collier County Airport Authority,with his background(contained in the article),to be accurate in the details of this venture. The articles(tab 2)begin on February 22,2011-This article indicates an interest to build an .-.l engine testing facility at the Immokalee Regional Airport—NO mention of Aircraft Engines, states turbine engines.The next article is dated March 30,2011 and is a"guest commentary"by Chris Currey Executive Director Collier County Airport Authority.This article indicates that a "lease was signed with Turbo Services to construct a jet testing facility".The last article attached was published by`Business Development"on April 7,201 land was a reprint of a March 23, 2011 article.This article states the"construction of a new test facility for turbo gas generators overhauled from former aircraft engines"[emphasis added].Please note that we have not been included in the process yet. Our first inclusion into the process was a Pre-Application(PL—2011-1144(SDP))meeting on July 5a`,2011 (tab 3).This meeting is to try to identify issues of concern or to identify obvious deficiencies in the documents presented.In most pre-app meetings,including this one,we receive very limited information since the applicant is early in the project and is trying to find out what types of things will be required through the process.Most of the information provided is a verbal description accompanied by a very preliminary site plan and NO construction documents.You will note that at that meeting the applicant was provided a list of items that needed to be to be addressed to gain site plan approval.These were the same items that they were rejected for when the later officially submitted for Site Plan approval. OFFICE(239)687-5650-FAX(239)687-5651 fu,kge S-c_03 amit 15 • � s July 5,2011 Pre-Application Meeting(SEE ATTACHED MEETING NOTES) SDPA-Site Development Plan Amendment PL2011-1144,Turbo Services SDPA-Site Development Plan Amendment PL2011-1144,Turbo Services, Review 1 Date in:01/31/12 Date out:02/01/12 In Fire Code Office one business day. Rejected Building Permit PRBD20120202353,Turbo Services Original Review Date in:02/13/12 Date out:02/28/12 In Fire Code Office ten business days. Rejected 03/01/12,8:24 a.m.Michael Parker(Turbo Services)sends email response directly to me for one of the SDPA original review rejection comments. 03/01/12,8:40 a.m. Michael Parker(Turbo Services)sends a second email directly to me with some additional information in response to one of the SDPA original review rejection comments. 03/01/12,6:01 p.m.Ricco sends response to Mr. Parker's first email thanking him for his responses,but that the responses to the rejection comments must be submitted with the Correction re-submittals as this is the process that must be followed and as we no longer had the plans in our office. 03/01/12,6:02 p.m.Ricca sends response to Mr. Parker's second email thanking him again for his responses,and to see the explanation provided in my first email. SDPA-Site Development Plan Amendment PL2011-1144,Turbo Services, Review 2 Date in:03/08/12 Date out:03/08/12 In, reviewed,released same morning. Rejected 03/08/12,1:45 p.m.Michael Parker(Turbo Services)sends another email directly to me with narrative& summation explaining the purpose and use of their proposed building. I cannot determine if this email is in response to the rejection of the Review 2 for the SDPA review that was just performed this same morning or not,but it appears from the content of his email that he is referring to comments from both the Building Permit rejection of 02/28/2012 and the SDPA rejection on the morning of 03/08/2012. 4. F qt, 15 03/08/12,5:25 p.m. Michael Parker(Turbo Services)sends another email directly to me elaborating further on his examination of the most recent rejection comments which appears to involve both the Building Permit rejection of 02/28/2012 and the SDPA rejection on the morning of 03/08/2012. 03/08/12 Ricco had meetings throughout the day at 8:30 a.m.,1:30 p.m., 3:30 p.m.,then met with Evy at the Building Dept.from around 4:00 p.m to 4:30 p.m.,then met with Ed when it returned until about 5:15 p.m.,and then received emergency call from home which resulted in my leaving the office with Ed's approval at around 5:25 p.m.so I did not get to any of my afternoon emails and as I had Friday, March 9th off, I did not return to the office until Monday, March 12th 03/12/12 Ricco had discussions with Ed based on his conversations with various entities on Friday and over the weekend. 03/12/12 in the morning,the Fire Code Official telephones Michael Parker(Turbo Services)to discuss matters. 03/12/12, 11:21 a.m. Michael Parker(Turbo Services)sends an email directly to me extending his thanks for the phone call this morning and asks that I forward the email to Ed as Michael did not have Ed's email. The email contained a statement from Mr. Parker clarifying that they test to "prove normal operation"of the engine and not"tolerance limits." 03/12/12,3:51 p.m.Ricco sends response to Mr. Parker's email letting him know I've forwarded his email to the Fire Code Official and then I listed Ed's email for Mr. Parker to have for future reference. 03/12/12,4:02 p.m. Michael Parker(Turbo Services)sends an email thanking me. 03/13/12,7:57 a.m. Ricco sends a response email indicating"no problem, Michael." 03/13/12 in the early afternoon,several additional discussions with Ed ensued and went over portions of plans and rejection comments for the Building Permit Correction/1 re-review to ensure consistency with the earlier conversation Ed had with Michael regarding the outstanding issues and what will be required on both the SDPA and the Building Permit re-submittals. I4e44,t iif A-1 15 Building Permit PRBD20120202353,Turbo Services Correction/1 re-review Date in:03/08/12 Date out:03/13/12 In Fire Code Office three business days. Rejected (Review was completed on 03/12/12 but was held pending discussions held by the Fire Code Official with various entities) On 03/13/2012 between 3:30 p.m.and 4:20 p.m.,finalized review comments for Building Permit PRBD20120202353 following discussion with the Fire Code Official and his discussion with Michael Parker(Turbo Services)on the afternoon of 03/13/12. Also modified SDPA- PL2011-1144 permit comments to ensure consistency between the SDPA and the Building Permit comments following discussion with the Fire Code Official and his discussion with Michael Parker(Turbo Services)on the afternoon of 03/13/12. Drafted email to Michael Parker(Turbo Services)and attached rejection comments for Building Permit PRBD20120202353 and the modified rejection comments for SDPA-PL2011-1144 permit and sent 03/13/2012 at 4:29 p.m. 03/13/12, 9:08 p.m. Michael Parker(Turbo Services)sends an email thanking me for the information and questioning how to re-submit corrections. 03/14/12,8:17 a.m. Ricco sends a response email indicating that Building Permit re-submittals go through the Building Department and the same process they submitted their original and Correction/1 re-submittal. And that the SDPA permit re-submittal needs to go through the Planning Department and gave them the names of two individuals who work for the Business Center under Growth Management (Michael Levy,Operations Coordinator and Everildo Ybaceta,Operations Supervisor)who could assist him with the re-submittal process. 03/14/12,8:59 a.m. Michael Parker(Turbo Services)sends an F.Y.I.email with three photos of enclosures used for operation of GG$engines. (SEE ATTACHED) 03/14/12,9:32 a.m. Ricco sends a response email thanking him for the information. 11.11.1000 Wendell H.Ford Aviation Investment and Reform Act for the 21st Century (Enrolled Bill(Sent to President)) 'See.38.Fraud involving aircraft or space vehicle parts in interstate or foreign commerce '(a) OFFENSES-Whoever, in or affecting interstate or foreign commerce, knowingly and with the intent to defraud-- '(1)(A) falsifies or conceals a material fact concerning any aircraft or space vehicle part; `(B)makes any materially fraudulent representation concerning any aircraft or space vehicle part; or (C)makes or uses any materially false writing, entry, certification, document, record, data plate, label, or electronic communication concerning any aircraft or space vehicle part; '(2)exports from or imports or introduces into the United States, sells,trades, installs on or in any aircraft or space vehicle any aircraft or space vehicle part using or by means of a fraudulent representation, document,record, certification, depiction, data plate, label, or electronic communication; or '(3) attempts or conspires to commit an offense described in paragraph(1)or (2), shall be punished as provided in subsection(b). '(b) PENALTIES-The punishment for an offense under subsection(a) is as follows: '(1)AVIATION QUALITY-If the offense relates to the aviation quality of a part and the part is installed in an aircraft or space vehicle,a fine of not more than$500,000, imprisonment for not more than 15 years,or both. (2)FAILURE TO OPERATE AS REPRESENTED-If,by reason of the failure of the part to operate as represented,the part to which the offense is related is the proximate cause of a malfunction or failure that results in serious bodily injury(as defined in section 1365), a fine of not more than$1,000,000, imprisonment for not more than 20 years, or both. '(3)FAILURE RESULTING IN DEATH-If,by reason of the failure of the part to operate as represented, the part to which the offense is related is the proximate cause of a malfunction or failure that results in the death of any person,a fine of not more than$1,000,000, imprisonment for any term of years or life, or both. '(4) OTHER CIRCUMSTANCES-In the case of an offense under subsection (a)not described in paragraph(1), (2), or(3)of this subsection, a fine under this title, imprisonment for not more than 10 years, or both. (5)ORGANIZATIONS-If the offense is committed by an organization,a fine of not more than-- 1F-+L ( c� .00 TRAA\ -4176 OIG Aviation Safety Investigations BACKGROUND SIGNIFICANT CASES For the 21" century, the top strategic goal of the • Fine Air Services was fined $3.5 million and Department of Transportation is to "Promote the Aeromar Airlines was fined $1.5 million by a public health and safety by working toward the Federal judge in Miami following their guilty elimination of transportation-related deaths, injuries, pleas. Fine Air was charged with obstruction of and property damage." In support of this goal, the justice and Aeromar, with 'falsification of Department's Office of Inspector General (OIG) has documents. The two cargo air carriers also must made aviation safety and the investigation of suspected serve 4 years'supervised probation and be under unapproved aircraft parts (SUP) one of its highest a court-approved, supervised air safety program investigative priorities. Because of the serious safety for their roles in a 1997 crash of Fine Airlines risks associated with SUPs, Congress made it a killing 5 people. Federal crime to intentionally misrepresent the condition of an aircraft part. • Two FAA Designated Mechanic Examiners employed by St. George Aviation were SUPs include counterfeit aircraft parts, and parts not convicted and jailed for administering false repaired or manufactured according to FAA approved testing of approximately 1500 students which standards. OIG works with the FBI,US Customs,and resulted in the students being falsely certificated the Defense Criminal Investigative Service to conduct as FAA aircraft mechanics. proactive undercover "stings" along with traditional investigations to combat the SUP problem. 010 also • The former owner of Cherry Air Specialties pled works closely with the FAA, which has regulatory guilty to making false statements and oversight of the aviation industry. conspiracy to mislead FAA officials on the airworthiness of helicopter parts he sold. One On April 5, 2000, President Clinton signed into law part caused the crash of a helicopter,killing the the Wendell H. Ford Aviation Investment and Reform pilot and his passenger. Act for the 21"Century. Section 506 of the Act,titled Prevention of Frauds Involving Aircraft or Space OIG CONTACTS Vehicle Parts in Interstate or Foreign Commerce, substantially increased the criminal penalties for those • David H. Gamble, Acting Assistant Inspector convicted of trafficking in substandard aircraft parts. General for Investigations(202)366-1967 INVESTIGATIVE STATISTICS(1990-present) • Harry Schaefer, Special Agent-in-Charge and National SUP Coordinator(202)366-0681 • Indictments: 281 • Convictions: 256 • Brian Dettelbach,Senior Counsel,Office of • Fines,Recoveries, Legislative and External Affairs(202)366-2083 Restitution: $74 million • David Barnes,Public Affairs Officer (202)366-6312 • Fraud Hotline: 1-800-424-9071 Email: Hotline a)oig.dot.gov i qp CA- COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS CERTIFICATE OF OCCUPANCY This Certificate is issued pursuant to the requirements of the Florida Building Code Section 110.1, use and occupancy, certifying that at the time of issuance this structure was in compliance with the various ordinances of the county regulating building construction for use for the following: PERMIT NBR: PRBD2012020235301 STATUS: Finaled CO TYPE: Occupancy ISSUED DATE: July 31, 2012 ADDRESS: 200 AIRPARK BLVD SUBDIVISION: LEGAL DESCRIPTION: 2 47 29 NW1/4 OF NW1/4, SECTION-TOWNSHIP-RANGE: 2-47 - 29 W1/2 OF SW1/4 OF NW1/4 61.29 AC UTILITY COMPANY: NUMBER OF METERS: 1 JOB DESC: Construct CBS testing facility simultaneous rev.3/27/12 PHASED PERMIT Name of the Building Official: THOMAS DEGRAM Edition of the Code under which the permit was issued: FBC 2007 w/2009 supplements Use and occupancy, in accordance with the provisions of Chapter 3 of the FBC: Type of Construction: Type VB (Unprotected) Design Occupant Load: Automatic sprinkler system is provided, whether the sprinkler system is required: Special stipulations and conditions of the building permit: • Acceptance Required Prior to CO Contact Engineering Services Inspections for more information OWNER: COLLIER CNTY ED SCOTT IMMOKALEE AIRPORT Note: A new certificate is required if the use of the building or premises is changed, or if alterations are made to the building or property described. A new certificate voids any certificate or prior date. 3/22/2011 Item 16.A.9. 6 EXECUTIVE SUMMARY Recommendation to approve the request by the Economic Development Council of Collier County to allow Turbo Services,Inc. to participate in the Fast Track Regulatory Process Program for the proposed construction of a test facility at the Immokalee Regional Airport OBJECTIVE: That the Board of County Commissioners (Board) approve the request by the Economic Development Council of Collier County (EDC) to allow Turbo Services, Inc. to participate in the Fast Track Regulatory Process Program (Fast Track) for the proposed construction of a test facility at the Immokalee Regional Airport. CONSIDERATIONS: On January 24, 2006, the Board adopted Resolution No. 2006-12,which superseded and replaced Resolution 2005-409, establishing the procedures and regulatory process for the Fast Track program, which is designed to expedite development review for qualified economic development projects. The Fast Track program has specific eligibility requirements including the number of full-time jobs to be created and the average wage of the jobs. Resolution 2006-12 is included as an attachment to this Executive Summary for reference purposes. On February 22, 2011, representatives from Turbo Services, Inc. made a presentation to the Board (Item 5C) providing an overview of their company and discussion related to the proposed test facility at the ImmokaIee Regional Airport. As discussed, Turbo Services, Inc., is located in •'■ Margate, FL. The company overhauls Pratt & Whitney FT4 Industrial Gas Generators (former jet aircraft engines). The company sells and leases the generators and provides parts, service and training to clients. The company is seeking to construct a facility at the Immokalee Regional Airport to test operate the gas generators. The company is proposing an initial capital investment of$680,000 related to construction and purchase of equipment. On February 24, 2011, the Economic Development Council submitted a request to allow Turbo Services, Inc. to participate in Fast Track which will allow the review process related to the proposed construction to be expedited. The requirements to participate in the Fast Track program, for projects in the Immokalee Rural Federal Enterprise Community and the lmmokalee Enterprise Zone are as follows: • Create a minimum of 5 new full time jobs • The new jobs must provide 50% or more of the current private sector average wage Based on the information above, Turbo Services, Inc. does not meet the job creation and average wage criteria to participate in Fast Track as they are not creating new jobs in this phase of the —. proposed project. The company's goal is to expand to include the testing of third party engines, which would then generate the need to expand employment to the Immokalee location to receive, Packet Page-870- 1'MI 3/22/2011 Item 16.A.9. set-up, test and ship engines. Therefore, the EDC has requested that Turbo Services, Inc. be allowed to participate in the Fast Track based on the overall benefits and merit of the project. Most notably as follows: • Increased Airport and FBO Revenue through the lease and fuel sales • Increases airport air and ground traffic • Immokalee Airport recognition through domestic and international clientele • Local contracting and construction services needed for project • Local supplies, shipping agencies and advertising will be used by Turbo Services, Inc. • Patronage of local restaurants and accommodations • Niche market company— demand for product/services despite economic downturn • Future local employment opportunities FISCAL IMPACT: There is no fiscal impact associated with this request. Fast Track provides expedited review processes for qualifying developments, but does not involve the award of incentive funds or any other County funding. The Operations Support and Regulatory Management Office of the Growth Management Division, in coordination with the staff from the EDC, is responsible for assisting Fast Track participants as well as monitoring program compliance. GROWTH MANAGEMENT IMPACT: This request is consistent with Objective 3 of the Economic Element of the Collier County Growth Management Plan which states: "Collier County will support programs which are designed to promote and encourage the recruitment of new industry as well as the expansion and retention of existing industries in order to diversify the County's economic base." LEGAL CONSIDERATIONS: This item is legally sufficient for Board action, and requires majority vote for approval. -JAK RECOMMENDATION: That the Board of County Commissioners approves the request by the Economic Development Council of Collier County to allow Turbo Services, Inc. to participate in the Fast Track Regulatory Process Program for the proposed construction of a test facility at the Immokalee Regional Airport. Prepared by: Amy Patterson, Impact Fee and Economic Development Manager Growth Management Division—Planning and Regulation Attachments: 1) Fast Track Application 2) Resolution 2006-12 Packet Page-871- N-A- I �- 3/22/2011 item 16.A.9. IC ECONOMIC I)E\ELOPMENI, UOUNCIL Growing Great Idea! Economic Stimulus Program Recommendation Form for Turbo Services Name of Business 1. Economic Stimulus Programs: ❑ Broadband Infrastructure Investment X Fast Track Permitting ❑ Fee Payment Assistance ❑ Job Creation L i Property 1 ax Stimulus _:.. Local Match for QTI 2. Collier County location: Wester t Collie' Cr,trrily- wesi of '7451 ' 1 Eastern C-.?illrr oast of g • ?( inirriokalee Enterprise Conirnunitv°, Enterprise Zone L Evcrgiddes City Enterprise 7_.une 3. Project qualifications: Number (ii r:,,rrei I t::rllie County employees,: u Avg Wage: 5r N'rnhei of new jobs resulting from protect. w Avg. Wage: $ it Total retained and new jobs ri Ave. Waaa: $ tr Packet Page-874- C12- 3/22/2011 Item 16.A.9. 5. Economic Impact Multipliers: NAICS Code: 221119 SIC Code: 4911 Earnings Multiplier: 1.5237 Employment Multiplier: 2.9736 Economic Development Council of Collier County Recommendation Prepared by: Beth Sterchi , (P,,ir� Name) (Signature) Date• Approved: �; ; '! �i �1 ff Sammie"Nerihecek,Pr'es9dent Date' Effective 03/08 Packet Page-875- tit-A4 O2_ ECONOMIC DEVELOPMENT COUNCIL OF COLLIER COUNTY 3/22/2011 Item 16.A.9. 3050 Horseshoe Drive North, Suite 120• Naples, FL 34104 Ia Phone(239)263-8989 • Fax(239)263-6021 www.eNapiesFiorida.com ECONOMIC DEVELOPMENT COUNCIL j Count);Florida Growing Great ideas Turbo Services, Inc. Executive Summary for Fast Track Regulatory Process Program February 22,2011 Background Turbo Services, Inc. was founded in 2002, located in Margate, Fl.the company repairs and overhauls Pratt&Whitney FT4 Industrial Gas Generators (former aircraft jet engines from B- 707 and DC-8). The company sells and leases the generators as well as providing parts and service and training to clients. Although a small company of 15 employees,Turbo Services excels in a niche industrial market, its clients range from domestic and international power companies to governments around the globe. The proposed Immokalee Industrial Gas Generator test site will create a new revenue stream for Turbo Services and will become a self-sufficient turbo services subsidiary. The company's goal is to maintain steady growth and development to include testing of 3rd party engines. This will allow Turbo Services in the future to employ local representatives to set-up,test and ship engines from Immokalee, Fl. The benefits of locating at the Immokalee Regional Airport are many; it will increase revenue for the airport in lease and fuel sales; increase airport air and ground traffic as well as enhance recognition as an airport to Turbo Services domestic& international clients. Turbo Services will require local contractors, supplies, shipping and advertising agencies and utilize area restaurants and accommodations. The establishment of this business unit in Collier County would be Turbo Services initial step in creating a subsidiary company and could eventually expand operations that would require full time staff to maintain the test site operations. Even though the company wants to expand in Immokalee the expansion plans are contingent on being able to quickly permit, lease and build a facility at the Airport. The EDC, therefore, recommends that the BCC grant Turbo Services, Inc. participation in the Fast Track Regulatory Process Program, as outlined above,to encourage Turbo Services to locate and create an Industrial Gas Generator Test Site at the Immokalee Regional Airport. Packet Page-876- , Feb 22 2011 1 : 35PM Turbo Services Inc. (954196- _-__ 3/22/2011 Item 16.A.9. GENERAL PROJECT OVERVIEW Turbo Services, Inc Name of Business • Immokalee Test Facility Project Title or Code Name t1-5 word description) FOR EDC USE ONLY • Date Received Date Revised Date Completed EDC Project Number Contact the Economic Development Council of Collier County to discuss.your project and application before submitting a formal proposal. The completed and signed application must be filed with: [Er ECONOMIC DEVELOPMENT COUNCIL of Gnflirr(;rweu,Florida Growing Great ideas 3050 North Horseshoe Drive, Suite 120 Naples, FL 34104 • Phone: 239.263-8989 Fax: 239-263-6021 / www.eNap(esFiorida corn dr Effective 10!07 Page 1 of B Client Approved (init ais) Packet Page -877- 14-4 ( cg-_ Feb 22 2011 1 : 35PM Turbo Services Inc. (954196^ 3/22/2011 Item 16.A.9. GENERAL PROJECT OVERVIEW 1. BUSINESS INFORMATION A. Nanne of Business Unit Turbo Services, Inc B. Mailing Address: 5449 NW 241°Street Sbset Address Margate FL 33063 City I Stare Zp Coda C. Name of Parent Company: SAME D. Prima ry Business Unit Contact: Tom Stout Tits : President I Director Mailing Address: 5449 MN 24w'Street _ Street A ddress Margate FL 33063 tty Stare Z.40 Code Telephone: 954-968-6336 Fax: 954-968-6337 Entail: tomiturboservices.net Website: www.turboservices.net E. Bu�iness Unit's Federal Employer identification Number; 54-2080097 F. Business Unit's Unemployment Compensation Number: 24983768 G. Bu iness Unit's Florida Sales Tax Registration Number: 16-8012912546-9 H. Collier County Business Tax Receipt Number: TBD I. Is the business unit minority owned? Yes1 No X If yes, explain: N/A J. What is the business unit's tax year(ex:Jan 1 to Dec 31): Jan 1 to Dec 31 2. PROJECT OVERVIEW A. Which of the following best describes this business unit: ❑ New business unit to Florida X New business unit to Collier County ❑ Existing Collier County business creating and 1 or retaining jobs If an expansion, how many jobs are currently in the expanding business unit? 1 B. How many individuals are employed at all Florida Locations? 15 C. Howls many individuals are employed at all Collier County locations? 0 D. Areany jobs being transferred from other Florida locations? Yes 4 X No ❑ If yes, how many jobs and from where? TBD (;-Y-// Effective 10!07! Page 2 of E Client Approved (Initials) • Packet Page-878- rq-4- 02_ Feb 22 2011 1 : 35PM Turbo Services Inc. 1954195" 3/22/2011 Item 16.A.9. GENERAL PROJECT OVERVIEW E. Giverq a full description of this project, including the primary business activities fulictions: Turbo Services' primary business is the overhaul of industrial gas generators, specifically, the Pratt&Whitney FT4. Units sometimes require operational testing prior to being returned to service with customers. Turbo Services is working towards building a test facility on immokalee Regional Airport property to test operate gas generators. F. What is the project's Targeted lndustry(ies): industrial Power Generation G. Break down the project's primary functions) and the corresponding wages: Business Unit Activities NAICS Project Annualized CodefSIC Code function Wage($) (-alai=10") Commercial & industrial 8'i 1310 100% TBD Machine And E.uipment H. What is the project's proposed location address; lmrr{okalee Regional Airport Str elAddress immokalee FL TBD City stare Zp Code What is the project's current location address(if different): N/A` street Andress N/A' _N/A N/A City State Zio Code I. is the project location within a current or proposed Brownfield site/area? Yes X No ❑ If yes, mach a copy of the official document designating the 6roweid area. is the project location in an Enterprise Zone? Yes X No ❑ If yes, which zone? immokalee Enterprise Zone J. Which of the following describes the applicant's operations(select all that apply): ❑ Multi-state business enterprise ❑ Multinational business enterprise X Florida business enterprise K. Which of the following describes this business unit(select all that apply): ❑ Regional headquarters office ❑ National headquarters office ❑ International headquarters office X This is not a dedicated headquarters office L. What is the estimated percentage of gross receipts or final sales resulting from this project that will be made outside of Florida (if sales is not a reasonable measure,use another basis for measure and provide explanation below): TBD% Explain, if necessary: Effective 1(07 Page 3 of 8 Client Approved (initials" Packet Page -879- 414-0(1 Feb 22 2011 1 : 35PM Turbo Services Inc. (954186r "" " - 3/22/2011 Item 16.A.9. GENERAL PROJECT OVERVIEW 3. JOB AND WAGE OVERVIEW A. Howl many jobs are expected to be created as part of this project? TBD B. If a existing business unit, how many jobs are expected to be 15. retained as part of this project?(jobs in jeopardy of leaving Collier MARGATE, County should only be included here;these jobs are not eligible for C1TI) FL C. What is the annualized average wage for existing Broward County employees indicated in 3b? $42,000 D. What is the anticipated annualized average wage (excluding benefits) of the new to Collier County Jobs created as part of this project?(Cash payments to the employees such as performance bonuses and overtime should be included.) TBD E. What is the annualized average value of benefits associated with each new job created as part of this project? TBD F. What benefits are included in this value?(health insurance,401(k)contributions, vacation and sick leave,etc.)TBD 4. CAPITAL INVESTMENT OVERVIEW A. Describe the capital investment in real and personal property(Examples: construction of new facility;remodeling of facility;upgrading, replacing, or buying new equipment. Do not include the value of land purchased for construction of a new building): Construction of New Facility, Purchasing of Equipment B. Will this facility be: X Leased space with renovations or build out ❑ Land purchase and construction of a new building ❑ Purchase of existing building(s)with renovations ❑ I Addition to existing building(s)(already owned) X Other(please describe in 4A above) C. Lis. .the anticipated amount and type of major capital investment to be made by the applicant in connection with this project (attach separate schedule if investment will be made over more than three years) Year1 t Year2 Year3 Land _ I $TBD $TBD TBD Construction 1 Renovations $150,000 TBD TBD Manufacturing Equipment $500,000 TBD TBD R&D E•ui•ment $N,`A TBD I TBD Other Equipment(oomputer equipment, officefurntture,etc.) $30,000 TBO TBD Total Capital investment ` $680,000 TBD TBD D. What is the estimated square footage of the new or expended facility? 2000 Effective 10107 I Page 4 of 8 Client Approved (iniiia s) Packet Page-880- f 14-sH cL Feb 22 2011 1 : 35PM Turbo Services Inc. (954196" a 3/22/2011 Item 16.A.9. GENERAL PROJECT OVERVIEW ASAP.Upon Board of County Commission E. When is the final location decision anticipated(date)? Approval ASAP, As soon as all F. What is the anticipated date construction will begin? permits are in place. G. What is the anticipated date operations will commence? ASAP S. COMPETITIVE LANDSCAPE A. What role will the Incentive(s)play in the business unit's decision to locate, expand,or remain in Collier County? Fast Track permitting is critical to our project to remain competitive in our marketplace. B. What other cities, states, or countries are being considered for this project? Kendall, FL C. What advantages or incentives offered by these locations do you consider impprtant In your decision? Lard Lease Rates, Construction Estimates And Assistance In Expediting Approval Processes I i D. lndiicate any additional internal or external competitive issues impacting this project's location decision? Working Relationships With Airport Management and Local Government&Related Agencies 6. ECONOMIC IMPACT AND CORPORATE RESPONSIBILITY A. Provide a brief synopsis of the special impacts the project is expected to stimulate in the community, the state,and the regional economy. Include the impact on indicators such as unemployment rate, poverty rate,and per capita income. (1000 words or more)*add sheets if necessary Increased Airport& FBO Revenue (Lease& Fuel Sales) New Opportunity For Local Contracting and Constriction Services Increase In Sales For Local Service Businesses, Restaurants & Hotels Future Local Employment Opportunities Increase in Collier County And Immokalee Airport Recognition Due To Turbo Services' International Clientele B. Provide a summary of past activities in Florida and in other states particularly as they relate to environmental or growth management impacts. For example, what kind of corporate citizen has the applicant been?Also list awards or commendatio Effective 10137; Page 5 of 5 Client Approved I (initials) Packet Page -881- A 14-A-( t'_ L. Feb 22 2011 1: 35PM Turbo Services Inc. [954196" - " -- 3/22/2011 Item 16.A.9. GENERAL PROJECT OVERVIEW Tu o Services'Primary Business Is A Service To Power Generating Clients Such As lorida Power&Light. Company Services & Products Conform To Manufacturer(Pratt&Whitney)Environmental Performance As Relates To Product Operation_ Turbo Services' Positive And Favorable Reputation And Market Share Is A Direct Result Of Its Management& Employees And Their Deification To Delivering A Reliable And Superior Product That Is Able To Supply Power As Promised. Turbo Services Guarantees Its Service And Products. C. List;and explain any criminal or civil fines or penalties or ongoing investigations that have been imposed upon the company, its executives, or Its affiliates and any recent bankruptcy proceedings of the applicant or its parent company. NONE D. Pro,irlde any additional information you wish to be considered as part of this Incentive application or items that may provide supplementary background info mation on your project or company. The specific reason Turbo Services is looking to build in Immokalee is to create a test}fa cility In which our product(overhauled gas generators)may be tested and returned to service with our clients. The proposed facility will enable Turbo Ser'ices to be autonomous and no longer subject to the stress involved in testing at ce petitor locations. Competitor test facilities are distant and in disrepair. Further, as a competitor,Turbo Services struggles with test schedules, inflated prices and poor service while attempting to work at a competitor's test facility. Initially, Turbo Services plans to test only its own product at Immokalee. This is estirrated at 2 tests per month. Once the test facility, processes and systems are proven, Turbo Services can elect to open itself to test 3`CI party generators as a self- sustaining business subsidiary. It is at this point Turbo Services will be able to hire }ocl representation to be trained to operate the facility and oversee operations. Groirrth will be linear, in synch with demand and contracts to test additional generators. Turbo Services clientele travel from locations as close as Fort Lauderdale to couritnes as far as Ghana and Australia to examine our progress and witness generator tests. Turbo Services maintains a small fleet of corporate aircraft to facititate in clientele movement and entertainment. Turbo Services'test facility at Immokalee Airport is important to our success because we can fly in/out with ease, thud benefiting local businesses including the FBO facility, fuel sales, local attractions, restaurants and accommodations. Each test will bring approximately 12 people by air and car. Each test will require at least 2 overnight stays. Turbo Services operates in a niche market, industrial commercial power generation, very much a necessity to power suppliers and countries. We are fortunate that pouter requirements are in demand regardless of the downturn in housing and construction markets and the recession as a whole. We;have attached our Power Point Presentation with more detailed information. Thank you Effective 10/071 Page 6 of 8 Client Approved (iri;ials) Packet Page-882- C- Feb 22 2011 1: 36PM Turbo Services Inc. (954196"' "'"'""' 3/22/2011 Item 16.A.9. GENERAL PROJECT OVERVIEW 7. CONFIDENTIALITY A. Your may request that your project Information (including information contained in this application) be confidential per F.S.288.075, Confidentiality of Rfecords for a 12 month period, with an additional 12 month extension avaitabie upon request for projects still under consideration. Please indicate your confidentiality preference: ❑, Yes X No 'Be sure to attach the proper incentive attachment sheet(sp`'r* • Effective 10!07! ?age 7 of 8 C1!erit Approved (initials) Packet Page-883- *QA-I CP-- Feb 22 2011 1 : 36PM Turbo Services Inc. 1954) 96" ------- 3/22/2011 Item 16.A.9. GENERAL PROJECT OVERVIEW 8. SIGNATURES Applf _ ;• 13)Completed By: Toth= st - Rrtowiedge,the inf. rnati• I •ed in this •pike orate. gn� !� Signature(Authorized Company Officer) _ REQUIRED Tom Stout Tom Stout _--— Name Name Presidelt I Director President/Director The 1 The Turbo Services, Inc Turbo Services, Inc Companji. Company SAME i - SAME Address,rf different than mailing address Address,if different than mailing address 954-968-6338 954-968-6338 Phone Nurrmbar Phone Number I 954-968-6337 954-968-6337 Fax Num[[ber Fax Number tom @tUrboservices.net tom @turboservices.net Email Adflress Email Address 1128/201111 1/28/2011 Date Data .._ i I SAME Name of contact person,if different than above SAME . Phone Number SAME i Address 1 SAME 1 Email Address .. Al° Effective 10/07! Page 8 of 8 Cient Approved (initials) Packet Page-884- X4-1 Cam, Feb 22 2011 1 : 36Pl1 Turbo Services Inc. [954 t s( 3/22/2011 Item 16.A.9. Economic Stimulus Program Attachment to the General Project Overview Turbo Services, Inc. Name of Business Most be a separate business unit or reporting unit of a Formers unit that is or will be registered with the State of P{anda for unempio mend compensation purposes. IMPORTA.4T NOTE: This application must be filed and the incentive approved prior to making the decision to expand an existing Collier County business unit or to locate a new business unit in Collier Coushty. 1. PROJECT INFORMATION AND EMPLOYMENT AND WAGE COMMITMENTS Phase i Number of net new full-time equivalent Collier Date by which jobs will County jobs created in the business unit be created 0 9/30/2012 TBD I ll -- III _TBQ--— 9/30/2013 --.. --- 9130120/4 Total ± _.. . A. For the purposes of certification, agreement, and claim review,indicate the average wage and corresponding threshold(percentage)to which you commit for all new jobs created: $TBD, which is at least TBD%of the average wage in Collier County. B. .:oilier County Business Tax Receipt Number: TBD- Not in Business in Collier Co. yet C. How many jobs are currently employed at all Collier County locations? 0 What is the annualized average wage (excluding benefits)of the employees indicated is lc.? :$0 2. LOCAL FINANCIAL. SUPPORT A identify the local government(s) anticipated to provide local financial support Turco Services would like to participate in Fast 1ack Permitting to expedite the construction of our new test facility E. lndicalte the s data ( )the approval is /are anticipated to be passed by the local government: March/April 2011 Has the applicant ever participated in an EDC-assisted Program?[- Yes X No If Yes, how many new and retained jobs were included in that project? 3 PROJECTINFORMATION A. Type of Project(check all that apply): • Rezone. Plat OSDP XBuildingg Permit ]Tenant Improvement Q Other • / C.-lint Atia•'oVL.- _(mirrors) Packet Page -885- ti141 02-- Feb 22 203 i ] :37PM Turbo Services inc. 954 " 3/22/2011 item 16.A.9. B. Site Folio Number: immokalee Regional Airport C. Projeci Street Address& Suite Number: TED, lrrimokalee Rec:ioria! Airport D. Legal 4iescription: TBD, Ica nokalee Regional Airport E. OwnereveloperName: Turbo Services, Inc. P Maine: 954-968-6338 Emil: tarrnP,turboservices.net Fax: 954-968-6337 F. Architectural Firm: Hawk Fulwiciec&Assoc. Contact:Jack Hawk I Phone: 954-360-3603 Email: Fax: G. Engineering Firm: TED Contact: _ Phone: Email: Fax: H. Contractor: TBD Contact: Phones: Er►eit; Other:.(if,. Ahorroclr, L and Piartine()i SU Ccrnta+ct: Phone: C`�"IFsI+ r' ±k B A CK GROUND CHECK t ... 9t,•. ,c c3`:,c,•;,rsvtt. __r�� o cefSrvl;arFt , , , � i. .:,i *[.,.{pg.. ;f,. •4e-I t r! ne{4Fy}f T:,.e;:1,C Ft:,t r k}k'C;9 ',' ,..hcnI..>p:..c:c'-. Packet Page-886- - IAA- ( 02_ Feb 22 2011. i : 37PM Turbo Services Inc. 3/22/2011 Item 16.A.9. (854 19�.. i 3. SIGNATURES - 21.,,..(----'. 2 - i •nature of Individual Completing this Date_ 41 Attachment x-6144 A.J.La.P. OF 2 Li t1-' sa*` -- N.A..o,.,� - 3 U,G. 3 i 51-1 - ct.6 e -6 3 a 8 Addne Phone Number •gf,.,l d 2 -. 45--- S'r nature447MO ed Compan Officer) Date —^ /1 EQtJi- Name and Title of Authorized Officer • / ' Y /7/reisal 03'09. (...,...:::::,,fsage 3o6�\ Ciierti Approved . 1."1t;ritiats) Packet Page -887- Feb 22 2011 1 : 3 7PM Turbo Services Inc. (95439 3/22/2011 Item 16.A.9. 1 Attacj'rnent A: Roles Fx Responsibilities General Res••nsibilities may vary from •roject to •r.":ct Owner/Developer Applicant —Meet all •ulrernents of Fast Track —Attend pre-application meeting with Regulatory'Process Program sufficient plans for quality review —Site setecdtion —Submit complete application that meets —Hire contractors, consultants, engineers, ' current LDC and other cods requirements architects I —Submit updates after receiving rejection —Submit Development Order application comments,within 20 business clays within 60 business days of acceptance as a — Attend scheduled meeting to discuss Fast Track project , outstanding issues as needed. —Attend pre-application meeting, if possible —Attend scheduled meeting to discuss outsfandin. Issues as needed. conornic Development Council Collier County Community of Collier County Development and Environmental —Attract and qualify businesses under the —Assign ScialfICoje Division is a g Fast Track program Special Projects Manager FContact the Special • Provide guidance on permitted use peciial Projects Manager as of site. soon as a 4ompany is qualified_ Organize pre-app --Attend the pre-application meeting. Lead P PP meeting Maintain consistent contact with Special • Handle a dispt Team Projects Manager to ensure tirneframes are Handle dispute mate decision by being met., involving appropriate decision —Monthly review status of projects, makers particularly those with issues or potential ` Shepard projects through the issues f process from start to finish/manage --Attend scheduled meeting to discuss project plan outstanding issues as needed, Main point of contact for EDC, —Copy all vested parties with applicant and owner arrespondence. Prepare monthly status reports/emphasis on exception; CY "red flag" items • • Schedule hearings and external meetings, as required i • Provide value-added services such as occasional site visits when under • construction_ --Develop project team • Attend pre-application meetir,c • Review submissions within stated number of business days ( • Attend scheduled meeting to discuss outstanding issues as needed. II' • Copy all vested parties with l_.._..._.. _ Correspondence. Re-As C3i�8 4Qt6 Client Apfxoven Packet Page -888- A 1M- ( C Feb 22 2011 1 : 37PM Turbo Services Inc. (954) 91 3/22/2011 Item 16.A.9. Attachment B: Potential Obstacles There are Certain known issues that can lead to a less than smooth approval process, as listed below. At the pre-application meeting (or before then if applicable) the Special Projects Manager will complete this section relative to the facts as presented at that time. Items that may cause a delay Anticipated Delay and related information Requires re-zoning: Site in existing PUD: Site contains wetlands: Site requires an Environmental impact Statement: LDC amendment required: Permits from outside agency: Utilities issues: t!ot6'. This:fist is not intended to be. exhauSrtvc of all items that trey u conflicts o toe approval process. but i5 eo identify those 177ost or.orilnon and those M .%S! ii f;ei}. slgrl+ticantly hold up MG swift approval of the project Project Notes (Special Projects Managerj __ . ___ ferns the Developer or Applicant wishes to disclose coricernir@q unusual . . _.-.. recuirernents: sevisee.ca%nF. • UN erg APLrOV3C l� �,.fll�lflf5J Packet Page -889- . i1 -1 C-12— Feb 22 2011 1 : 38PM Turbo Services Inc. (954i 9 3/22/2011 Item 16.A.9. i Attachment C: Proposed Timeline (to be completed at pre-application meeting) • Task Responsible Target date Pre-application meeting Special Projects Day 9 . Manager Submit complete SDP or PPL(within 60 days of FT Applicant Day 30 ' acceptance First review-SDP(7 business days) Project team Day 45 First review-PUD .. tJ (7 5 business days) y ) First re-eubfnittal-SDP or PUD[must address all Applicant Day 65 comments]i(20 business days) Second review- SDP or PUD(7 business days) Project Team I Apply for building permits Applicant First review!- building permits(25 business days) l Project Team First re-subinittal - building permits (20 business Applicant days) j Second review-building permits(25 business da Project Team -" s Y Approval-SDP A.••royal-Building permits —`—_ Anticipated iCO date 1 i We, the undersigned, fully accept our roles and responsibilities in this project and have offered all information in good faith and in an attempt to be thorough. We recognize that new information may be presented as the project moves through the review phases. We also recognize that until the review process begins it is not reasonable to identify every possible issue with a project. As any new material information is identified that may cause a change tbo this plan in any way, the Special Projects Manager is to be contacted to coordinate as needed. 0)44)er!Dereloper Name; S�-.e ice. _ Date: z - 5 • i ! Applicant Name: -5 w. v.c ...ta Date: L_ 1$ : i __� EDC.', Representative: Beth S ter'::?-ii-------- Cafe: 2.'22;" 1 Collier Co Onty Special Projeci:3 Manager Narne - - - Date: Nv� t Q . � r. / R_,/sea ClaiM ' +' Cie Approve '._.Eve'-CZ (initials) . .. Packet Page-890- x /44 , Ca? do .. 16G 114 FIRST AMENDMENT TO COLLIER COUNTY STANDARD FORM LONG-TERM GROUND LEASE AND SUB-LEASE AGREEMENT THIS AMENDMENT TO COLLIER COUNTY STANDARD FORM LONG-TERM GROUND LEASE AND SUB-LEASE AGREEMENT ("Amendment") is made and entered into this [7--\y-1 day of 1ti1c,. o`c_:. \- , 2012, by and between Turbo Services Inc., a corporation duly organized under the laws of Florida, (hereinafter referred to as "Lessee"), and the Board of County Commissioners of Collier County, Florida, acting in its capacity as the Collier County Airport Authority, (hereinafter referred to as"Lessor"), collectively stated as the"Parties." RECITALS: WHEREAS, the Parties entered into an agreement dated April 1, 2011 (hereinafter referred to as the"Ground Lease") a copy of which is attached hereto; and WHEREAS, Lessee leases property at the Immokalee Regional Airport for the construction /..7 of a jet engine testing facility; and WHEREAS, the Parties wish to amend Paragraph 5 (Lessee's Obligation to Build and Modification to Building)and Paragraph 25; and WHEREAS, Lessor wishes to add Paragraph 31 (Nondiscrimination Clause) and Paragraph 32 (Property Rights Reserved) in accordance with terms and conditions set forth by the Federal Aviation Administration(FAA). WITNESSETH NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration exchanged amongst the Parties, and in consideration of the covenants contained herein, the Parties agree as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below. Paragraph 5 of the Ground Lease, entitled Lessee's Obligation to Build and Modification to Building, is hereby amended to read as follows: 5. Lessee's Obligation to Build and Modifications to Building. Lessee shall design, permit and construct in compliance with all governmental regulations, at its sole cost and expense, a building to be solely utilized for the uses described in paragraph 4 above. The plans, specifications and building design for the Lessee's improvements to be constructed on the Leased Land are subject to reasonable approval by Lessor. Prior to applying for any building permit for improvements to the Leased Land, Lessee shall submit to Lessor for its approval such plans and specifications necessary to obtain a building permit for Lessee's intended improvements. Lessor shall have thirty (30) days after receipt of any submittal by Lessee to review Lessee's submittals and provide a written response as to whether the submittal is approved as submitted, not approved as submitted, or Lessor may provide Lessee with requested changes. If the submittal is not approved or if Lessor requests changes, Lessee shall submit revised plans that will meet with Lessor's approval or 4t-- j 16G 1 incorporate the requested changes into the plans. If Lessee determines not to revise its plans then Lessee may terminate this Ground Lease. Lessee may make nonmaterial changes to the approved plans from time to time to accommodate site issues or operating changes to Lessee's use of the Leased Land. Material changes from the approved plans will require Lessor's written approval, which approval shall not be unreasonably withheld. All plans shall be in conformity with Collier County standards. Construction must commence no later than one year eighteen months from the date of this Ground Lease. In the event Lessee does not commence construction within such period, then the Lessor shall have the right to terminate this Lease and neither party shall have any further obligations to the other party. Upon commencement of construction, Lessee shall diligently pursue said construction to completion and complete said construction on or before twenty-four (24) months from commencement, subject to delays beyond the control of the Lessee. Lessee shall be solely responsible for the costs of repairing any damage to Lessor's roads, water and sewer facilities or other infrastructure located within or outside the Leased Land resulting from construction or use by Lessee, its agents, officers or employees. Lessee must demonstrate to Lessor that it has sufficient funds necessary to complete any proposed project, and Lessor may require, as part of its approval, the posting of a construction bond or like security to assure completion of the proposed project. Notwithstanding anything to the contrary, it is expressly understood and agreed that Lessee has the right to terminate the Lease if, after the exercise of due diligence, it is unable to develop the contemplated building for any reason whatsoever. Paragraph 25 of the Ground Lease, is hereby amended to read as follows: 25. Except as otherwise provided herein, this Ground Lease shall only be amended by mutual written consent of the Parties hereto or by their successors in interest. Notices hereunder shall be given to the Parties set forth below and shall be made by hand delivery, facsimile, overnight delivery or by regular mail. If given by regular mail, the notice shall be deemed to have been given within a required time if deposited in the U.S. Mail, postage prepaid, within the time limit. For the purpose of calculating time limits which run from the giving of a particular notice the time shall be calculated from actual receipt of the notice. Time shall run only on business days which, for purposes of this Ground Lease shall be any day other than a Saturday, Sunday or legal public holiday. Notices shall be addressed as follows: If to Lessor: County Manager Collier County Manager's Office 3299 East Tamiami Trail Naples, Florida 34112 CC: ' . ..-- .. -- - 3335 East Tamiami Trail Naples, Florida 34112 Executive Director Collier County Airport Authority 2005 Mainsail Dr., Ste. I Naples, FL 34114 16G "� 1 If to Lessee: Tom Stout, President Turbo Services Inc. 1925 Banks Road Margate, FL 33063 Notice shall be deemed to have been given on the next successive business day to the date of the courier waybill if sent by nationally recognized overnight delivery service. Paragraph 31, entitled Nondiscrimination Clause, is hereby added to the Ground Lease to read as follows: 31. Nondiscrimination Clause., The Lessee for himself, his personal representative, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree that (1) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over or under such land and the furnishing of services thereon, no person on the grounds of race, color or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination, (3) that the tenant shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally assisted programs of the Department of Transportation-Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. That in the event of breach of any of the above nondiscrimination covenants, Airport Owner shall have the right to terminate the lease and to re-enter and as if said lease had never been made or issued. The provision shall not be effective until the procedures to Title 49, Code of Federal Regulations, Part 21 are followed and completed, including exercise or expiration of appeal rights. Paragraph 32, entitled Property Rights Reserved, is hereby added to the Ground Lease to read as follows: 32. Property Rights Reserved, This lease and all provisions hereof are subject and subordinate to the terms and conditions of the instruments and documents under which the Airport Owner acquired the subject property from the United States of America and shall be given only such effect as will not conflict or be inconsistent with the terms and conditions contained in the lease of said lands from the Airport Owner, and any existing or subsequent amendments thereto, and are subject to any ordinances, rules or regulations which have been, or may hereafter be adopted by the Airport Owner pertaining to the Immokalee Regional Airport. 2. Except as modified by this Amendment, the Ground Lease Agreement, shall remain in full force and effect. If there is a conflict between terms of this Amendment and the Ground Lease Agreement,the terms of this Amendment shall prevail. * /9Øf c1 • 16G 1 4 IN WITNESS WHEREOF,the Parties hereto caused this first Amendment to be executed by their appropriate officials, as of the date first above written. AS TO THE LESSEE: Turb. Services nc. �¢,( , y-�iyyJCc� By: Witness(signatur V Tom Stout, President and CEO c Oro– l Lic'cy(e v-v-‘0, Y-1 (Print name) , .'''' ->i" P.Pc—ts/D N Witness (signature) or ►5 v4o (Print name) AS TO THE LESSOR: ATTEST: BOARD OF COUNTY COMMISSIONERS — DWIGHT..R.BROCK, CLERK COLLIER COUNTY, FLORIDA, IN ITS '+D ^F c CAPACITY AS THE COLLIER COUNTY `p' co, AIRPORT AUTHORITY r i ,' 01004,411 uty C FRED W. COYLE, Chai an Ap.rov-d as to form an. leg.1 .ufficiency: li/li Jef i y .7:latzkow Co 1 y Attorney • l4Lf- 1 cat EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners, acting in its capacity as the Collier County Airport Authority, approve the attached Second Amendment to the Long-Term Ground Lease and Sub-Lease Agreement with Turbo Services,Inc. OBJECTIVE: To extend the termination date of the Long-Term Ground Lease and Sub-Lease Agreement with Turbo Services, Inc. for its jet engine testing facility at the Immokalee Regional Airport. CONSIDERATIONS: The Collier County Board of County Commissioners (BCC), acting in its capacity as the Airport Authority, approved a Long-Term Ground Lease and Sub-Lease Agreement (Ground Lease) between the Airport Authority (Lessor) and Turbo Services, Inc. (Lessee) to construct a jet engine testing facility at the Immokalee Regional Airport on March 22, 2011,Agenda Item 13A2. The BCC approved the First Amendment to the Ground Lease to extend the date by which construction had to begin, change the address for notices to be sent to, and incorporate clauses requested by the Federal Aviation Administration into the Ground Lease on March 27, 2012, Agenda Item 16G1. Because the Lessee made significant design changes to the facility to improve sound absorption, and securing the required permits for construction of the facility took longer than anticipated, construction of the facility commenced later than initially projected. Turbo Services received the Certificate of Occupancy(CO)for its facility on July 31,2012. The term of the Ground Lease commenced on April 1, 2011, and unless terminated earlier by the Parties,the Ground Lease shall terminate on the 5til year anniversary from the commencement date, with five annual options to renew for an additional term of one year. In order to provide sufficient time for Turbo Services to reach its break-even point and recoup its capital investment, the Parties wish to revise the termination date of the Ground Lease to July 31,2017 to coincide with five years from the date of the CO,with five annual options to renew for an additional term of one year. FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary. GROWTH MANAGEMENT IMPACT: None. ADVISORY BOARD RECOMMENDATION: At its November 5, 2012 meeting, the Airport Authority Advisory Board voted unanimously to recommend that the Board of County Commissioners approve the attached Second Amendment to the Long-Term Lease and Sub- Lease Agreement with Turbo Services, Inc. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is legally sufficient, and requires majority vote for approval.-JAK rL A C uz, RECOMMENDATION: That the Board of County Commissioners, in its capacity as the Collier County Airport Authority, approves the attached Second Amendment to the Long-Term Ground Lease with Turbo Services, Inc. at the Immokalee Regional Airport. PREPARED BY: Chris Curry, Airport Authority Executive Director