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02/11/2014 (CR)Agenda Item No. ��.d Agenda Item Topic (For Public Comment, list toaic) Meeting Date: zziaC/ Name: - Address: Rep resentinglPetitioner: COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED BY ORDINANCE 2004 -05 AND 2007 -24, REQUIRES THAT ALL LOBBYIST SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT YOU ARE LIMITED TO THREE (3) MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR PUBLIC COMMENT IS NOT INTENDED TO BE A FORUM FOR SELF - PROMOTION. PUBLIC COMMENT SPEAKERS WHO ENGAGE IN ADVERTISING THEIR BUSINESS, PERSONAL POLITICKING OR OTHER FORMS OF SELF - PROMOTION WILL BE ASKED TO LEAVE THE PODIUM. PLACE COMPLETED FORM ON THE TABLE TO THE LEFT OF THE DAIS — PLEASE PRINT CLEARLY A$jUjjUd ILC111 wV. I(7U njj 1r11uU_Y%'W 7I I 'Ur 0 t wii•vvw�vv - (For Public Comment, list topic) Meeting Date: Q) i i T14- Name: Address: �— RepresentinglPetitioner: /+)) *' FrI Other: COLLIER COUNTY ORDINANCE NO. 2003-53, ASIAMENDED BY ORDINANCE 2004 -05 AND 2007 -24, REQUIRES THAT ALL LOBBYIST SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT YOU ARE LIMITED TO THREE (3) MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR ,.,r„RrM1Ar'k1T ninT IK1TCAtr=Tn QC n Gr)DI Inn GnR QPI F_PRnnnnTlnN PI IRi it COMMENT SPEAKERS WHO ENGAGE IN ADVERTISING Agenda Item No. 1 Agenda Item Topic Lv-- Pe I n1 c2 jr , (For Public Comment, list topic) Meeting Date: ( P I I� o / Name: V-p- Address: RepresentinglPetitioner: A 6 `f e ,I //? S Other: l64- R COLLIER COUNTY ORDINANCE NO. 2003-53, AS'AMENDED BY ORDINANCE 2004 -05 AND 2007 -24, REQUIRES THAT ALL LOBBYIST SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT YOU ARE LIMITED TO THREE (3) MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR PUBLIC COMMENT IS NOT INTENDED TO BE A FORUM FOR SELF - PROMOTION. PUBLIC COMMENT SPEAKERS WHO ENGAGE IN ADVERTISING TPPIP P1 PPRC(1NA1 P01 ITU'VIN(, (1P r)THFP F(1PNAC nP CFI F_PPr)hAnTI(1N VUII I PP ACKFrI TO I PAN /P THE Pooh iNA Agenda Item No. i6/5 Agenda Item Topic (For Public Comment, list topic) g Date: tlC t (� �� i ✓� Meeting 1.1 . Name: J i v1A v-) Address: �S�43_ Representing/Petitioner: re-S Other: COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED BY ORDINANCE 2004 -05 AND 2007 -24, REQUIRES THAT ALL LOBBYIST SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE Agenda Item No. of) Agenda Item Topic (For Public Comment, list topic) Meeting Date: 6k� I .q U ) q Name: r LI �S Address: '� C 4 �E— Po-n i Vl SC l e.' Representing/Petitioner:. 'A. 1 (--� Other: wl 5 C)L- COLLIER COUNTY ORDINANCE NO. 2003 -53, AS AMENDED BY ORDINANCE 2004 -05 AND 2007 -24, REQUIRES THAT ALL LOBBYIST SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT YOU ARE LIMITED TO THREE (3) MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR PUBLIC COMMENT IS NOT INTENDED TO BE A FORUM FOR SELF - PROMOTION. PUBLIC COMMENT SPEAKERS WHO ENGAGE IN ADVERTISING THEIR BUSINESS, PERSONAL POLITICKING OR OTHER FORMS OF SELF - PROMOTION WILL BE ASKED TO LEAVE THE PODIUM, PLACE COMPLETED FORM ON THE TABLE TO THE LEFT OF THE DAIS — PLEASE PRINT CLEARLY Agenda Item No. 1 c, 8 Agenda Item Topic L-o, (For Public Comment, list topic) Meeting Date: �'� i 1_ j C 14 Name: h -7)r6.� S Address: Representing/Petitioner: I r� �' q '� L,-, ro, WIS 16 �ez_' Other: ICU M'_5 COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED BY ORDINANCE 2004 -05 AND 2007 -24, REQUIRES THAT ALL LOBBYIST SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT YOU ARE LIMITED TO THREE (3) MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR PUBLIC COMMENT IS NOT INTENDED TO BE A FORUM FOR SELF - PROMOTION. PUBLIC COMMENT SPEAKERS WHO ENGAGE IN ADVERTISING THEIR BUSINESS, PERSONAL POLITICKING OR OTHER FORMS OF SELF - PROMOTION WILL BE ASKED TO LEAVE THE PODIUM. PLACE COMPLETED FORM ON THE TABLE TO THE LEFT OF THE DAIS - PLEASE PRINT CLEARLY Agenda Item No. D Agenda Item Topic (For Public Comment, list topic) Meeting Date: -7 f Name: r 41 Address: Representing/Petitioner: ����� L Other: COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED BY ORDINANCE 2004 -05 AND 2007 -24, REQUIRES THAT ALL LOBBYIST SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT YOU ARE LIMITED TO THREE (3) MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR PUBLIC COMMENT IS NOT INTENDED TO BE A FORUM FOR SELF - PROMOTION. PUBLIC COMMENT SPEAKERS WHO ENGAGE IN ADVERTISING THEIR BUSINESS, PERSONAL POLITICKING OR OTHER FORMS OF SELF - PROMOTION WILL BE ASKED TO LEAVE THE PODIUM. PLACE COMPLETED FORM ON THE TABLE TO THE LEFT OF THE DAIS -.PLEASE PRINT CLEARLY Agenda Item No. Agenda Item Topic L-A C(, (For Public Comment, list topic) Meeting Date: Name: 721 d Address: f' /I Representing/Petitioner: Cede L% , ri- )&-( COLLIER COUNTY ORDINANCE NO. 2003 -53, AS AMENDED BY ORDINANCE 2004 -05 AND 2007 -24, REQUIRES THAT ALL LOBBYIST SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT Other: YOU ARE LIMITED TO THREE (3) MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR PUBLIC COMMENT IS NOT INTENDED TO BE A FORUM FOR SELF - PROMOTION. PUBLIC COMMENT SPEAKERS WHO ENGAGE IN ADVERTISING THEIR BUSINESS, PERSONAL POLITICKING OR OTHER FORMS OF SELF - PROMOTION WILL BE ASKED TO LEAVE THE PODIUM. PLACE COMPLETED FORM ON THE TABLE TO THE LEFT OF THE DAIS -.PLEASE PRINT CLEARLY Agenda Item No. Agenda Item Topic (For Public Comment, list topic) Meeting Date: � %� /11 Name: -Oel Address: Representing/Petitioner:. Ce. ^M�1 `f �� r Other: r�i 3 COLLIER COUNTY ORDINANCE NO. 2003 -53, AS AMENDED BY ORDINANCE 2004 -05 AND 2007 -24, REQUIRES THAT ALL LOBBYIST SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT YOU ARE LIMITED TO THREE (3) MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR PUBLIC COMMENT IS NOT INTENDED TO BE A FORUM FOR SELF - PROMOTION. PUBLIC COMMENT SPEAKERS WHO ENGAGE IN ADVERTISING THEIR BUSINESS, PERSONAL POLITICKING OR OTHER FORMS OF SELF - PROMOTION WILL BE ASKED TO LEAVE THE PODIUM. PLACE COMPLETED FORM ON THE TABLE TO THE LEFT OF THE DAIS -.PLEASE PRINT CLEARLY 1 Agenda Item No. (2) Agenda Item Topic (For Public Comment, list topic) Meeting Date: ' 'MY .0 G Name :f / �� Q� r Address: Representing /Petitioner: PC Is (J6 Other• `SfI COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED BY ORDINANCE 2004 -05 AND 2007 -24, REQUIRES THAT ALL LOBBYIST SHALL, BEFORE ENGAGING ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT BOARD AT THE BOARD MINUTES AND RECORDS LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO HIE DEPARTMENT YOU ARE LIMITED TO THREE (3) MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR PUBLIC COMMENT IS NOT INTENDED TO BE A FORUM FOR SELF - PROMOTION. PUBLIC COMMENT SPEAKERS WHO ENGAGE IN ADVERTISING THEIR BUSINESS, PERSONAL POLITICKING OR OTHER FORMS OF SELF - PROMOTION WILL BE ASKED TO LEAVE THE PODIUM. PLACE COMPLETED FORM ON THE TABLE TO THE LEFT OF THE DAIS - PLEASE PRINT CLEARLY Agenda Item No.,jo b Agenda Item Topic (For Public Comment, list topic) Meeting Date: 2 / I I / / 'I Name: 7,N_, s nUG ye C' "4- Address: ic7 Representing /Petitioner: C i -1oz 4o c,recp Other: COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED BY ORDINANCE 2004 -05 AND 2007 -24, REQUIRES THAT ALL LOBBYIST SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT YOU ARE LIMITED TO THREE (3) MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR PUBLIC COMMENT IS NOT INTENDED TO BE A FORUM FOR SELF - PROMOTION. PUBLIC COMMENT SPEAKERS WHO ENGAGE IN ADVERTISING THEIR BUSINESS, PERSONAL POLITICKING OR OTHER FORMS OF SELF - PROMOTION WILL BF A�KFn TC1 1 FAVF THE pnnii inn Agenda Item No. Agenda Item Topic gyp, (For Public Comment, list topic) Meeting Date: �l Name: Address: Representing /Petitioner: Other: COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED BY ORDINANCE 2004 -05 AND 2007 -24, REQUIRES THAT ALL LOBBYIST SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT YOU ARE LIMITED TO THREE (3) MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR PUBLIC COMMENT IS NOT INTENDED TO BE A FORUM FOR SELF - PROMOTION. PUBLIC COMMENT SPEAKERS WHO ENGAGE IN ADVERTISING THEIR BUSINESS, PERSONAL POLITICKING OR OTHER FORMS OF SELF - PROMOTION WILL BE ASKED TO LEAVE THE PODIUM. PLACE COMPLETED FORM ON THE TABLE TO THE LEFT OF THE DAIS -.PLEASE PRINT CLEARLY f; Agenda Item No. ' Agenda Item Topic 4q �'� Mel 5a lo' (For Public Comment, list topic) Meeting Date: a // f � I Name: pf r— Address: Representing /Petitioner: e A /6ckSF gin/ 7;��r� Other: COLLIER COUNTY ORDINANCE NO. 2003 -53, AS AMENDED BY ORDINANCE 2004 -05 AND 2007 -24, REQUIRES THAT ALL LOBBYIST SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT YOU ARE LIMITED TO THREE (3) MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR PUBLIC COMMENT IS NOT INTENDED TO BE A FORUM FOR SELF - PROMOTION. PUBLIC COMMENT SPEAKERS WHO ENGAGE IN ADVERTISING THEIR BUSINESS, PERSONAL POLITICKING OR OTHER FORMS OF SELF - PROMOTION WILL BE ASKED TO LEAVE THE PODIUM. PLACE COMPLETED FORM ON THE TABLE TO THE LEFT OF THE DAIS - PLEASE PRINT CLEARLY Agenda Item No. / ),rD Meeting Date: Name: �14 Al ' Representing /Petitioner: Agenda Item Topic (For Public Comment, list topic) Address: f ` L,�l d Other: COLLIER COUNTY ORDINANCE N0.2003 -53, AS AMENDED BY ORDINA CE 2004 -05 AND 2007 -24, REQUIRES THAT ALL LOBBYIST SHALL, BEFORE ENGAGING ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT BOARD AT THE BOARD MINUTES AND RECORDS LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO HIE DEPARTMENT YOU ARE LIMITED TO THREE (3) MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR PUBLIC COMMENT IS NOT INTENDED TO BE A FORUM FOR SELF - PROMOTION. PUBLIC COMMENT SPEAKERS WHO ENGAGE IN ADVERTISING THEIR BUSINESS, PERSONAL POLITICKING OR OTHER FORMS OF SELF - PROMOTION WILL BE ASKED TO LEAVE THE PODIUM. PLACE COMPLETED FORM ON THE TABLE TO THE LEFT OF THE DAIS -.PLEASE PRINT CLEARLY Agenda Item No. Agenda Item Topic C �J (For Public Comment, list topic) �_ 5-a a Meeting Date: Name: �' �` /v' - f"- ° > Address: t Representing /Petitioner: CQp74e Sy r. � �s -v- 41 • • �� , Ik, / . Z__ Other: COLLIER COUNTY ORDINANCE NO. 2003 -53, AS AMENDED BY ORDINANCE 2004 -05 AND 2007 -24, REQUIRES THAT ALL LOBBYIST SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT YOU ARE LIMITED TO THREE (3) MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR PUBLIC COMMENT IS NOT INTENDED TO BE A FORUM FOR SELF - PROMOTION. PUBLIC COMMENT SPEAKERS WHO ENGAGE IN ADVERTISING THEIR BUSINESS, PERSONAL POLITICKING OR OTHER FORMS OF SELF - PROMOTION WILL BE ASKED TO LEAVE THE PODIUM. PLACE COMPLETED FORM ON THE TABLE TO THE LEFT OF THE DAIS -.PLEASE PRINT CLEARLY Agenda Item No. 10-6 Agenda Item Topic L& Psi I osu Ig-, pis 6 L4 (For Public Comment, list topic) Meeting Date: Name: k)n4 I a_4 6rttas Address: aO � L_�x C,�ji , as Lt I a � � o C(-, Representing /Petitioner: k a -ql (� -2fj1 6n' pis Other: COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED BY ORDINANCE 2004 -05 AND 2007 -24, REQUIRES THAT ALL LOBBYIST SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT YOU ARE LIMITED TO THREE (3) MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR PUBLIC COMMENT IS NOT INTENDED TO BE A FORUM FOR SELF - PROMOTION. PUBLIC COMMENT SPEAKERS WHO ENGAGE IN ADVERTISING THEIR BUSINESS, PERSONAL POLITICKING OR OTHER FORMS OF SELF - PROMOTION WILL BE ASKED TO LEAVE THE PODIUM. PLACE COMPLETED FORM ON THE TABLE TO THE LEFT OF THE DAIS - PLEASE PRINT CLEARLY Agenda Item No. /n,6 Agenda Item Topic ka v�o I (For Public Comment, list topic) Meeting Date: I I oZU 1 Name: Address: c�4-._� La- ele l i VLIs U GL/ Representing /Petitioner: � 1"Y1 Other: a, as' 8 COLLIER COUNTY ORDINANCE NO. 2003 -53, AS AMENDED BY ORDINANCE 2004 -05 AND 2007 -24, REQUIRES THAT ALL LOBBYIST SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT YOU ARE LIMITED TO THREE (3) MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR PUBLIC COMMENT IS NOT INTENDED TO BE A FORUM FOR SELF - PROMOTION. PUBLIC COMMENT SPEAKERS WHO ENGAGE IN ADVERTISING THEIR BUSINESS, PERSONAL POLITICKING OR OTHER FORMS OF SELF - PROMOTION WILL BE ASKED TO LEAVE THE PODIUM. PLACE COMPLETED FORM ON THE TABLE TO THE LEFT OF THE DAIS - PLEASE PRINT CLEARLY V�ioe� Agenda Item No. //� Agenda Item Topic (For Public Comment, list topic) Meeting Date: �U/'yoy� // 2-Cly Name: Address: Representing /Petitioner: �L Other: COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED BY ORDINANCE 2004 -05 AND 2007 -24, REQUIRES THAT ALL LOBBYIST SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT YOU ARE LIMITED TO THREE (3) MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR PUBLIC COMMENT IS NOT INTENDED TO BE A FORUM FOR SELF - PROMOTION. PUBLIC COMMENT SPEAKERS WHO ENGAGE IN ADVERTISING THEIR BUSINESS, PERSONAL POLITICKING OR OTHER FORMS OF SELF - PROMOTION WILL BE ASKED TO LEAVE THE PODIUM. PLACE COMPLETED FORM ON THE TABLE TO THE LEFT OF THE DAIS — PLEASE PRINT CLEARLY Agenda Item No.'. 6 Agenda Item Topic (For Public Comment list t opic) Meeting Date: :? j k k 1, q Name: '� Address:__ t-�vZt (� ' Representing/Petitioner:—' Other: COLLIER COUNTY ORDINANCE NO. 2003 -53, AS AMENDED BY ORDINANCE 2004 -05 AND 2007 -24, REQUIRES THAT ALL LOBBYIST SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT YOU ARE LIMITED TO THREE (3) MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR PUBLIC COMMENT IS NOT INTENDED TO BE A FORUM FOR SELF - PROMOTION. PUBLIC COMMENT SPEAKERS WHO ENGAGE IN ADVERTISING THEIR BUSINESS, PERSONAL POLITICKING OR OTHER FORMS OF SELF - PROMOTION WILL BE ASKED TO LEAVE THE PODIUM. PLACE COMPLETED FORM ON THE TABLE TO THE LEFT OF THE DAIS —.PLEASE PRINT CLEARLY Agenda Item No. Agenda Item Topic ��_�u G or s (For Public Comment, list topic) Meeting Date: Name: �. Address: Representing/Petitioner:— G- Other: COLLIER COUNTY ORDINANCE NO. 2003 -53, AS AMENDED BY ORDINANCE 2004 -05 AND 2007 -24, REQUIRES THAT ALL LOBBYIST SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT YOU ARE LIMITED TO THREE (3) MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR PUBLIC COMMENT IS NOT INTENDED TO BE A FORUM FOR SELF - PROMOTION. PUBLIC COMMENT SPEAKERS WHO ENGAGE IN ADVERTISING THEIR BUSINESS, PERSONAL POLITICKING OR OTHER FORMS OF SELF - PROMOTION WILL BE ASKED TO LEAVE THE PODIUM. PLACE COMPLETED FORM ON THE TABLE TO THE LEFT OF THE DAIS — PLEASE PRINT CLEARLY LM 0 U V ril a� 0 L U • W F� z 0 w H Z O a N 01 art v svwr h bm eb LarBtdt ayr*kl. COMOM wjtb Laum La yden Bt mvw ura Jsydem Request for 391)9 EastTemlartiT cz�> �aUG RX 231 P � t. Frank Halas Dear Mr Brock: The end of the fiscal year is approaching rapidly. As you know, we have beer. trying some new means to deepen our inventory of affordable housing in response to the cn:rtch throughout the community. We have expanded our use of CDBG and HOME funds to accomplish this. Also we arc using contracts with external entities to expend and facilitate appropriate use of these monies to benefit our epmmunity- Oiven the newsworthy problems (including mw or scandals) faced by other ecmmunides with simi'ar initiatives _. ampa and Miami among them my aw•arcneas level about thc potential for misuse of these fiends has been elevated- I want to be certain that we are getting off on the right I and have the appropriate controls and procedures in place. Several of my constituents have raised concerns about the potential for misus. of these monies and approached me for assurance that we am carefully mon.torina the award and Therefore, please consider this a formal request for an audit of these programs. There are many complex issues and regulations related to these funds Not being an auditor, I am unable to give them the full assurance I would like in addition, when our confident Sincere U , ing of I would ict? and Frame Halas Collier County Commissioner 0—a no., om� august 20, 2006 1, LCR} Cr ttlJp, tS ® Audit t ailtdtt 2 FranHemiS 8Y Tom kertnMq nisafct c Honorable Dwight E. Brock Fred w coyto ply 4 Collier County Clerk of the CircLat Court Jm coram 3301 Tamiami Trail East Dial" 5 P.O. Box 413044 Napes, FL 34101 -3044 Frank Halas Dear Mr Brock: The end of the fiscal year is approaching rapidly. As you know, we have beer. trying some new means to deepen our inventory of affordable housing in response to the cn:rtch throughout the community. We have expanded our use of CDBG and HOME funds to accomplish this. Also we arc using contracts with external entities to expend and facilitate appropriate use of these monies to benefit our epmmunity- Oiven the newsworthy problems (including mw or scandals) faced by other ecmmunides with simi'ar initiatives _. ampa and Miami among them my aw•arcneas level about thc potential for misuse of these fiends has been elevated- I want to be certain that we are getting off on the right I and have the appropriate controls and procedures in place. Several of my constituents have raised concerns about the potential for misus. of these monies and approached me for assurance that we am carefully mon.torina the award and Therefore, please consider this a formal request for an audit of these programs. There are many complex issues and regulations related to these funds Not being an auditor, I am unable to give them the full assurance I would like in addition, when our confident Sincere U , ing of I would ict? and Frame Halas Collier County Commissioner DW="W24M 1 Record o Record of Interview 1'urpasr�.� � ''-TQ duca�s the eonocr� thst Commissions Nails nrt+ailiutod m tics August 22" lobo to Dwight Brock. Clerk of Cotam In duct tem. C lunar flakes mqucated sin of i Interview ordall afi'ordslrk Iwu�tlg proQnm,S, t�1CLltftatly expmrtdtturc4 (e8ied to tl'�S` rnm,;, r nc3 m ly ex ands ire hied Commumty Development Block GtBrit a ld HUME pfogfnm . AA we'[ : 5 confreetS wtth eatemnl cliftipts and the oveiriGhmg c(at("SW cavuonn=r. i7be September 61h meelmg offrred an Opporttuuty io %i kthratmh polenval flak factors related to the County's atanag=mt of affordable housmg pmgrwt as "ll as discus the, appmaeh and rrr*.t.rt�6ot<rgy tt�t i Internal Audd will (� to the Cortlrsi Aferhod In- Perlin at 1 Office of Cotturussiottear Prank }Tales Cmtr>ty Adrnrnistrntioa DuAltdim Pfloor I Ca+trarl l lore 910006 j PaxtcJioanra Con - trimmer rlaak !talus. Cotltex Cau(ny Bowd of Commissiortem, Disasat 2. (239) 774 -S47i. Irntilshn[usf rnil.n,caV.l,ct Georgia Hiller. 1),,% tci 2 cODstltLa 1, 239 - 297.421 S. ah 1aen"¢omosSt.nCt Nick Hale, District 2 constituent�s9t_l�o Amhnny rea' =&—?. 41tcros1 Altdit MEnner, Col`ia Couaty Cleric or A Cin`sttiCVjrj,( 234) 74-St M fertsande au1u41:etk.col to f1.U5 COmmeo"CORTIcs 9 Cotmmmoncr Hein explained thnt he bas a num1w ofocmmmi stout the County's Commissioner 11alas explained his confusion about the role of an internal auditor compared to the role of the external auditor, KPMG in this ease. He also noted that the County Attorney's Office is of the belief that any internal audit would simply duplicate what is being done by the external auditor. Mr. Femandez explained how .KPMG as an external auditor operates at a much higher level than the internal auditor and does not drill down into the same level of detail. Ms. Hiller noted that materiality thresholds govern the work of the external auditor. na4(r4T 9 111011r. i ne Cle(e77ttnl.]It[m Ot MrVi" Jilt value Tdatbd to Me 59$1,604 tr— action is policy - related and not under the scope of this audit i lowever the Naples Daily News Article Excerpt #1 "Outside Audit to Check Payouts" 9/14/2006 Naples Daily News Outside audit to check payouts Commission requests prriwic firm in ongoiag dispuw with clerk of Cauns t)ver ilt, roic as cowsty auditor By Denim Zold sn Thursda }. September 14, : (jO6 Conecros about whcthci Collier County'3 affondahle 1Mug1% dollrus = timing spent appropnawly uriggered Cotrnt) Cotnrntssion aspptmvl Wednesday for an outside wadh of the oount�'s afiesrdable housing prmgmnt& But the majority of Coilicr commissionm agreed ihsi Clerk iif Courts might Ftro& is not %ho the% want to conduct it. nre cotmly € * 4 Brock btv heat in htigntv1n otcr frock's aathvrit? to conduct audits Rx moats. Jeff Cecil, an attorney with the Porter Wright Morris & Arthur law firm, is also the find ta kini treasurer and a board member of the Collier County Housing Development Corp. Cecil is also the registered agent for Cirrus Pointe and the attorney for Cirrus Pointe developer Jim Fields, Cecil said. Cirrus Pointe received $320,000 in tax dollars to build affordable housing in East Naples. The Housing Development Corp. also received $98,000 in startup funds from the County Commission.. Cecil prepared and was paid for the closing of the Cirrus Pointe land deal. He also will be doing the closings and condominium 'rj rrqursis •r4 H� documents when the units sell, he said. count% Ii-!- - -A,,.r "We are doing the condo does and sales closings when they occur," Cecil said, referring uch to the 108 condos that will be built at Cirrus Pointe, 32 of which will be affordable. audit of the afibTdable housing rands, Naples Daily News Article Excerpt #2 "Outside Audit to Check Payouts" 9/14/2006 Naples Daily News Outside audit to check pay'outg Commission rcqucvs Vivate firm in onpoing dispute: aidt Clk *rk of Ccmris over hEy rr +lc as county auditor Thutsdtiy. September Id, N06 Coitcema about whether Collier Cauntp's AtTordahle leouquigdollms tic btrng spent sppntipnately ttigatred County Commission appri)-al Wednesday fur an outssde aadi3 01, the county's affordable housing progxmurs But the majority of Collier commissiomm sgrred lion C erk cif Couris Dwight 8tt>ck is not >A ho they -want to condto -t it. The ecAmty attd &vck suave hean. in € igatien over )tuck's Authority to conduct audits lbr nwaths, -From a stnfis perspective, we don't have a problem with anybody conning in and taking a took at our stuff'." County Xlanager Jim tvtetdd told the lcAw%kttt marts its in a rrVtitrioas position '. Another Porter Wright attorney, Joe Foster, is the former president of the Collier County Housing Development Corp. Foster is also Mudd's personal attorney in a federal lawsuit. Foster said he resigned from the dousing Development Corp. to run against Halas in the District 2 Republican primary on Sept. 5. Halas won that race. spends. Brock fms been concemd that rjsrgrotil mtities, "fnrnds "o orgnntratiots and other coluntcer nccountg are ending up wit]t iDxpzycrs' in I.hcrn, leat�n6 WM no way to know Stow the money is bang spen-L He has example after c arnple ol'suel, incidents. Recent concerns orrr how the affordable housing funds sit being spina sari -wod Afier Commissioner Frank Halas sent a letter to Brock in August, asking him to conduct an audit of the affordable housing funds. Naples Daily News Article Excerpt #3 "Outside Audit to Check Payouts" 9/14/2006 Naples Daily News Outside audit to check payouts Commission requests private firm in ongoing dispute with Clerk of Couns over ho; retie as county audims By DgnLw fop ISM Thursday, September 14, 2M6 Concerns about whether Collier Counry's afford3blt 1"sing del.l.4rs rue being spent appropnately triggered County Commission approval %%Icdnmda r For an outside audit of the county's atfloardable housing prugmms. But the majority of Collier comratssioncrs agrccd that Clerk of Courts Mvight BrNk is trot who ties want to conduct it. The county and TtMk h;l%% been in littgnuon over Brock's authority to conduct audas for moaths. Halas said Wednesday night that he wants the audit to reveal where the tax dollars are going from the time they leave Washington, D.C., or ,Tallahassee until they provide help for those needing housing. I of tinnncial statement& Asked whether the Housing Development Corp. would be included in the audit, Mudd said: "Absolutely not. It's a 501(c )(3) (nonprofit). We have no right to audit them unless they volunteer," he said. ..... —.00 ".u. a .4..cI av :,i�. A ltl : wguNk, UkLng Ulm to con'l=1 a] I ,.edit of the affordable housing funds_ Naples Daily News Article Excerpt #4 "Outside Audit to Check Payouts" 9/14/2006 Naples Daily News Outside audit to check payouts Commission requests private farm in ongoing dispute with Clerk of Coarts over his roe as county auditor By P�esas Thursday. September Id, 2006 Concerns about whether Collier Count ?'s afibrdahle WOMB dollar% ate being spent appropriately Uiggered County Commission approval Wednesday for an outside a,tdii of the county's affordable housing progmttas. 13ut the majority of Collier commissioners; agreed that Clerk of Ciwris Dwight RTrXk i+ not who they want to conduct it. The cmly Land Brock lueve baen in litigation 0,,V Brock's authority to conduct audits kot moaths. "From a stafrs perspective„ we doti t have a problem with anybody cowing in and takirtp. a took at our sluff." County S4attagcr Jim Mudd told crammi sioneTq. -But the lawsui I puts ors in it t+rsrnrious po iti!in " finer though County Ater >rney Weigel told commissioners that Brock's conducting, "We are doing the condo docs and sales closings when they occur," Cecil said, referring to the 108 condos that will be built at Cirrus Pointe, 32 of which will be affordable. 'Ru., county contends Brock h.Ys the authonty to audit onk whc�r the commission requests it. Brock is an indelicnkruly elected constitutional of iizer ulao ansvers to ueytert He conteo is the Florida Constitution makes ham responsible for oil tart dollars the count} spends. l3tocit Iris been concerned than roonprolit entities, "fronds" of organizations acrd Other vnluntaer tueeounts are ending up with taxpayers' doltam in them. Icating him no way to krkiw hog the mo.ncy is being spent. kyle has exarnple alien example of such incidents. Receot concerns m-cr how the affordable pausing funds am- being; spent surfiaced after Commissioner Frank Halas sent a letter to Brock in August, askirtg hirer to conduct an audit of the affordable housing fttrtds, Grant Application Cirrus Pointe Marcy Krumbine later became Director of Collier County Housing & Human Services. Six months after the expiration of this agreement, and after inquiries by the Clerk about the outstanding $350K, Ms. Krumbine petitioned the BCC to extend the time frame of the agreement by an additional years. This delayed the return of funds to the county from the developer. As of January 2010: The agreement has expired-again. No funds have been returned. No development has occurred. Staie Read (piggP. ME- . eLC�i c 2, Was the prevlo s funded actvltyr sucoessftrlly completed'! Yesmo If No, please e)rplaln: a mumu quawmamons Or 811 Shaft VW wr71 be responsible for irr�erfing the aooDeed myieei. If aMlianat eta intn.M' adaloW br tails •,+r dgct m L! =uxoaft Jim FWds, Cirrus Pointe velQt r. has her RA In Human Service✓ and homebuying p through out the week at d dent Iocatlorw Over 560 tow and moderate income far Ales have become homeowners We her outreach. She speaks frequently to local and BIWA organizations negardhV the benefits of homebuyees education and affordable housirV Imm. In tho fall of 2605, Merry Is an irwited speaker to a natareal conference where she will share the success of one of her patt tershtps with a housing development In tmmokWee. Her Honor Loam program has won awards of program eta7e11ence, Marcy is Fannie Mae certified and also attended the HUD Trainer the Trainer Vllodwhop in August 2001. Additicrudb/, Marcy has treated a post- purct program to teach for the Colter Courtly SHIP . Katherute Patterson. Executive t?trecick- see atts&ed resume 4. Katherine PaMwson, Executive Director. HKWSI Q Pf*JMT RUMET Caner Court" FY 05-M Grant Appllratim • 17. CCHDO057 CCHDC Organization Chart ExMWt 4 Collier County Haudng D wjopU = Collier County Housing Development Board of Directors �R rrlm 1 "I D to Chrb Ct DdPaul Sociay 176 Jeepars Drika Naples. Florida 34112 P>omm (739) 775 -I657 F= (239) EMMI u2mmcast11e1 AnOmsy Denson 0 irp.12131A?5) 50314!' Skw Nodh N=k.s, Fltd& 34102 P6oae: (239) 821.9623 Fear (239) 4344245 Bioalk 1dnsanlj@RQM&mn0t MNY Ann Aabitat £wr iii 12/3I11bb) 11145 Thmiami Tbdk East NVIM Florida 34113 Phme: (239) 775 -0036 Far: (239) 7754477 Email: jL(iif�ssAAthoaial I1,2 earn Go1Ea CoM4 HiUdnB Acftft 1800 Fang W"tu way Immolmbx, Florida 34142 PbM {239) 6S7-3649 FM (239) 657 -7232 Email Loam M07 Tanwwab MV 12!31!07) Supervisor Ekzdaw Naples. Fl rbU 34112 -4902 Phone: {239} 774.8430 Fax: (239) 774.9468 Email: M T 1c1 #Pgi____ k y net Fnmk Ra bi arf (Prep. 12!31!05) Fifth Third Bank 2150 Goorllettc Road North Maples, Fbmida 34107 -4M Phr= (239) 435 -7635 Fa= (239) 659 -7994 Emm`l: )'imdcRndrimg+y( j-QDM Tttamw Ili. Tatoo (Exp.125 1f07) Fitch TMA Bw* 999 Vand "Uh Raub Rmad P.O. Box 413021 NsPbm Flaaida 34101.3021 Pbouw- (239) $91 -6347 FwL (239) 591449'0 Emrul: Tam M@V cxrm Emotive Director Kadmitne c. Pszmrsoa 8951(01 sum Sall Salle 2020 Naples. Florida 34102 Phone~ (239)434.2397 Farr (239) 430 -2387 pmm'1: 49&.21iemhdc or¢ LI, CCHDC Resolution with Cirrus Pointe Comm Cotmty Musing plat Corporation, a Fkrida not for profit aarponbon, (the "Corpmration") hereby takrss and adopts dze fblkVAng rtsolatim by ,mani um consent of the Board of TYustees/Dir+adors of the CmPoceaim at its May I2, 2005, meedn& in accordance with the Proviaiam of aPptiMNO law. and the Articles of bmq mtriion and by-laws of the Corporation: VVEWRRA8, the oorporadon Las idcutificd a rcal estate devekpmtmt prc&a to be WOM w Cirrus Pcwft when EMMkWd. could oft u8 to 32 writs of Certified as dnly adopted on the 12th day of May, 2005, by jcadmdw C P'atbeasan, the duty ek ted and scftg Boecutive Dhwor of the Carpoaatim Le I Corporate I _ Florida t COLLIER COUNTY G DEVELOPMENT CORPORATION Registration . ���_ :. HOUSINw. ..� PRINCIPAL ADDRESS 99510THSTS CCHDC Jeffrey Cecil Registered Agent Fog. C NAPLES FL 34102 Chmmpd 05A02R005 MAdING ADDRESS 895 10 TH Sr S 202 C NAPLES FL 34.02 Mangoa 0510=005 nommew fumca M Namber n,&rom N09ODD008.'67 383695928 8A22�+3 FL Registered Aunt Name & Address CECIL, w JEFRW 5801 PELICAN BAY -BLVD SUITE 300 NAPLES FL 34108 ri=,-41wqw1-cs SH �m n 1 s Corporate Registration Cirrus Pointe LLC J Cecil Registered Agent 0 0 Florida Limited Liability CnIRUS POINTE PARTNERS, LLC PRINCIPAL ADDRESS 15544 NION'FERO.O LANE L MZT #102 NAPLLS FL 341 Lf, Chaqod 0711 7MM MAI LING ADDRESS 15544 MONTEROSSO LANE UNITT # 102 NAPLES FL 34110 Chaned 021M006 Mcume"t Namb" FRI'letaber Date Fided L040OW75679 571222732 1W1912"6 Simie sbdm EMbc*%,e [We AC"VE NONE Tm, Registered Agent Name & Address CECrL, W. JEFFREY ESQ 5801 PELICAN BAY BLVD., STE 300 NAPLES FL 34109-2709 M erfflember Detail WOMIMM SO Loe ur, LOU =IELZTOO"I"t I ta Map • TE HOME and Community Development Block Grant Awards to Dallier County DESCRI --- _� - -- ......,...r•...... —W1 rV1QHVI I 4wvl ivvi 11100 W1UI I i w t' waa wtsion or uorporauons as a nonprofit entity with W. Jeffrey listed as the Registered Agent, Treasurer and Director. Mr. Cecl3 � the Partner4n- Charge of the law firm Porter, Wright, Monts & Arthur. 10119/2004 Cirrus Pointe Partners, LLC, a development company, registers with the Florida Division of Corporations with W, Jeffrey Cecil listed as the Registered Agent 9/812005 Affordable Housing Commission, an advisory arm of the Board of County Commissioners in which Mr. Cecil served as �e Chairman, voted to approve the Cirrus Pointe project 12!14/2005 1 Collier County and CCHDC finalize a HOME Agreement for $350,000 for Cirrus Pointe land acquisition and operating costs. 12/2112005 Collier County makes a $320,000 payment to CCHDC for Cirrus Pointe land acquisition, for which the law firm of Potter, Wright, Morris & Arthur served as the settlement agent for the transaction and is slated to perform closings on each of the individual condo units once built. The owner of the Cirrus Pointe parcel is Cirrus Pointe Partners, the project developer. As mentioned earlier, Mr. Cecil is Registered Agent for Cirrus Pointe Partners and Registered Agent, Treasurer and Director of CCHDC, all while working for Porter, Wright, Mords & Arthur. This is seemingly a rnolabon of Federal regulatlons including 24 CFR 92.356. Please note that the County's Ethics Ordinance prohibits advisory board members from benefiting financially from their participation on the board. This relates to Mr. Cecil's participation on the Affordable Housing Commission. Wotatement ]PAM W OR W L m7Y 13*w =AM 0,' m"I..0 Setacment Staf meat �.s.n ors ws mevm��n.�r� Cirrus Pointe 1DM2.07rs101Q� `f � , -�,� �t.�.�.�. 4D VA * 01 i6 C�IDI�'OYNk r. w� .one lr�a.l�mt efwlrrf�Iwa tia�s/+Yaa�ArMUOmY�dti+O i�M�ew�ih. .rifeY - dpa�AlflRef�ill�'d �tN�11 Closing Wotatement ]PAM W OR W L m7Y 13*w =AM 0,' m"I..0 ;MIL�L-_A-f La 5l x 1 '4 1 b o''mLli.4 bit Ll I J.4 'k ME 77 I � go u 0411 V.-T-1 (Z-OALIZE-D" T, a 1.11(Ut —I* Z', 79 Lff; rl T. M T ',, Clerk's Response 2006 -4 Audit Comment r Rft- wwiendaborr- We recommend the County rwvidw ally future JV aTeements that are atssodated with CHao set -aside fund$ and ensure that the requ'rementa described above are met prior to the expenditwo of HOME funds. marulgemsrnt's Rwp4rtse, Collier County wt' continua to review all joint venturo („v) agreements as an Integral p :art of is avaluaton of KOME CHDO projects and the , ov—plia -)W with HUD Cetons The Clerk provided notification to the external auditor of a potential conflict of interest violation related to the HOME project (a rnixed- income condominium development) described in this finding. Documentation indicates that there may be a conflict of interest violation of 24 CFIR 92.356 associated with the grant expenditures. Collier County executed grant agreements for Cirrus Pointe and Copeland, representing HOME and Community Development Block Grant (CDBG) funds. W, Jeffrey Cecil served as Chairman of the Affordable Housing Commission, an advisory arm of the Board of County Commissioners, which reviewed and recommended approval of these grant projects. Mr. Cecil also served as a Board member of the non-profit entity receiving the grant funds (Collier County Housing Development Corporation), as well as Partner -in- charge for a law firm that has represented Mr. Jim Fields (Principal of Cirrus Pointe, LLP) in numerous other land deals and received payment for a number of legal services related to the Cirrus Pointe grant. Legal services included title insurance and attorney's fees. This law firm is slated to perform closings on each of the 108 individual units associated with Cirrus Pointe, which could yield benefits equating to hundreds of thousands of dollars. In essence, the law firm is representing both the non- profit entity receiving grant funds as well as the developer charged with constructing the units and recommending to the Board of County Commissioners, as an Advisory Board member for the Board of County Commissioners, that they approve this expenditure, Given the scenario described, there is a potential conflict of interest with 24 CPR 92.356 (HOME=) and 24 CFR Part 570 (C08G). Although the external auditor did not believe that the dollar value of the benefit received in this case warranted a management comment, it is our belief that dollar value is not a consideration for a potential violation of federal regulations, but the potential benefit involved is in fact material. :t ntial conf. -_E of Interest tdominlum devefapment) ire may be a oonfllct of rt expe- ditvres Cot;iff Copeland, reproserriing funds. W Jeffrey Cacil 8n adVl3ory arm of fI"ro Wended approve > of thess r of the non- profit entity it ccrpomton1, as vroll as Fields (Prncipal of Cirrus icnt for a number of fega' aludod Nlte insurance and each of the 198 indMdual equating to hundreds of I both the non profit entity aor tructinq the units and + Advisory Bowd member is mopendlture Gwen the % 24 CFR S2 366 (HDME) sr did not believe that the anegome ^t comment, it i 1 entiat violation of fodcrnl yet to breaK q°ound as of cis In December 2005 and completed by August 31. have been completed by ildinem was to have been the perceived ambiguity s and procedures wil I iso KPMG Final Audit Comment 2006 -4 C'lerk's Response Omitted OTTR, , Federal Agancy., U.S. Dapartmant of Housing and Urkm Devotoprnent Program: Homo InvoMmont Partnorships Program (NOME} CFDA N mber: 014.239 Crt:arfa: tiOME requl rtwn §92,220((, {1) states the foltowtng with respect to set -aside funds for Col- Inunity Developmtent Housing Organizations (CH00s) 'The funds must be pievidod to a cormimnun,ty housing development orgznlzation, tts R- beldlary, or a patlnorst6o of which It or Its subskilary is the macagk ~,g go-neral partner If a CHDO owns the project in partnership, tt or its %wholly owned for -profit or no"roiit subs diary must be The managing general parfner. In Wing in any of the ca Mies spec,f >ed. the community hous ng development organizeWn ,",M have offer ive project control," Cer,W%ons �� County entered unto an agroamont With CCROC on DeDember 14, 2005 to p'cmde the $320,000 of HOME funds ('including $115,300 of CHDO, set °snide funds) €air deyelenrint of a mixed - income co-,-domTnium projoct and $30,000 of (HOME funds to Spay CGHOO a developer fcc, The SM,000 was emgperAed on Decefrbei 155 20055 to acquire larA and the initial paymc -t of $7,500 of developor fees was paid. CCHDC ontered Into a jOmrit wentum (JV) agreement wdh James Flc clrrus Pointe Padnersi (rho Venturer) on November 30, 2005 to develop a multi - family cc°�,dom nium proiact. TWrty -two units in the projcet are to be sold to income -eligi a hoanebUyers. CCHDC'agreed to contribute S320 Q00 of HOME funds to the project. Dued upon oua raviaw of the JV agrooment, COHDC rm s nod dea nated as the manag ng gererat pertnor and did not Dave e' efti� P#eject control vt. t~e time HOME funds wore expended. T?, o „oint Venture Agreement states,, among other things. the fallowing: 71�o Venturer (as dofnad abase) "shall supervise and duct the Hod� felated to the Pm;ott. Venturer shall solely respo,7sible for and have cc- ,trol over all corkttrudion me: ns, methrods, Ifechniques sequences and procedu,ey end for coord'inat -g all ponlons, off the work undor 1^e oontract documents," JV agreemert also states %at'a fa "are of the parties to agree on any ssu,e nocossary fcr!YjoCk-_5'sful'y carrying lout i JV will result m submission of the guesb+on to rued ton_" H.U.D. Field Office 6 0 t U 9- DePM- mot Mf "Musing a-d Urban Devebpmerd J en IV,14mma Fold 0Mce Onckafl *0 Plaza Fedpal 2u1Ung 909 SE 19M7 Ave wa, Rm 500 Mh-i, FL 33,31 3042 DATE March :6.2048 MEMORANDUM TO- Rurk-thl J llerbm urwo- f `acid A4 FROM Community Planning and Dnvlalmtem Minim Fidel Office, 4DD SUBJECT HoCiric ComF'a :% 1v HL.48a)5 12 This- kqa is in MSPolnse to a hollme complainr reeeivcd by dbL- Office of Impegor Genera! COD(i) on kllumy 8.2009, rehrred to the OfrWe of 1 Icid Managemern on Jmtaary 14. 2006, and rece.ved by out office on January 17.200, ThcaoarpJaina gege o Possibleconftctti Uf tmerrst as it nrvotves the NOME and Community Dcvctot,mm% Bkx;, G am 1CDBG) award~ to Cc -`ber Cat r~y, ISSUES OR ALLEGATIONS TO BE ADDRBS1"D- The letter dated March 6, 2008 (attachment 1), from Collier County, County Attorney; Office addressing the two projects in question (Cirrus Point and Copeland) states that "in the event that it is determined that a conflict of interest occurred in connection with the two projects mentioned, the County respectfully requests an opportunity to consider whether it wishes to waive any such conflict and petition for an exception," From the review of the County's response and the applicable regulations, it appears that a Conflict of Interest may exist in this case. Therefore, we have requested the Field Office General Counsel to review the County's response and offer a determination as to the Conflict of Interest provisions. J— kyv<rem' and Immure my"' ro aQordabfe 6nacfnp /0,r—fr—" damwfaad M -- hudCm np w 1, x' '-n County Attorney's Letter to H.U.D. 916 r DAVID C. WEIGEL COW''It COLCM ArMRK9V 4301 M ror.ffi't Trtl Ryles R 741124407 3 tAd JiiO� P. A ,a,,.�, v$epltrrr m9! ffi2 8rW Innirst A. UdpWb hsci;cxi (7J933�7 t9 813MI OM4.4 i 041-- M Jaoge4Q� W Jctirc, k 0 Rmium E waud -! T6orenC Palmer M.a:eh 6.2009 Maloem M. sualnl -UsIog Boos A Tcub i ii LLS. Mai) wW Rabm N. Znhw, A, September 8, 2005, Affordable Housing Commission C "ARC ") meeting included agenda item five (5), which sought a vote on whether to recommend to the Board of County Commissioners approval of a density bonus for the Cirrus Pointe development. Eight of the nine members of the AHC were present at that meeting, including Jeffrey Cecil ( "Cecil ").' Mr. Cecil is the focus of the alleged conflict since at the time of the meeting he was a voting member of the AHC and also an attorney whose law firm represents Jim Fields ("Fields"), the developer of Cirrus Pointe. Deu Ms anl2-H,. i &M * &Jfla in MrOme W yaw Mnwy t3, 2(*k omen irde=10 Pis. Marcy Kn bine Also relevant in determining whether a conflict existed is the fact that Cecil and his law fuin agreed not to charge legal fees to Cirrus Pointe or the HDC for closings involving any of the 32 qualified affordable housing units; although Cecil has stated that his firm will provide title insurance for each unit, unless the buyers elect to not obtain such insurance or decide to obtain it from another source. Although unknown and not readily apparent from examining the closing - cldt - Art*k xr—d j1 considzr t° parson of the owfhtt of intetw z At a minimum, it appeam that a technical violation of Section 112.3143, Florida Statutes may have oacutted by Cecil's failure to timely repon and file a form 8B voting conflict raernorandum when he decided to refrain from voting on the agenda item Affiom+ida6h! hom bg greats Collier ordered to return $320,000 HUD wants money back after projects fail to break ground By tatJodske Abm eenewaocmo Over the neat two years, Collier County government will have to pay back more than $300,000 to the U.S. Department of Housing and Urban Development. Specifically, money that Collier County received through HUD's HOME pro- gram will be sent back to the age�n�+ �m�two iastai}nnents — Slb0,000in 2011 -12 and that amount spats in 2012 -13. But the reason county officials are payi ack the HOME furls, derma ed for affordable housing projects, seems to be in question. Collier County govern- ment used the HUD money to helppiurhase the land for Cirrus Pointe, a failed afford- able battsiag development in East Naples. The county en- tered into an amt with the Collier County Housing Development Corp. in De- cember 2005 to provide the money fortbe project, as well as WPM of HOME funds to pay the Housing Develop- ment Corp. a developer fee. The money was spent Dec. 13% 2005, to acquire the land. "The project did not goo vertical," said Margo Cas- torena, grants manager with the Houft Humanand Vet- erans Services Department. "Housing took a terrific dip across the nation.._ It was not feastble to go forward. The contractor could not bring the project to madwt. HOD ammy *paps 4A Rate promise Fed pledges i law interest n00*osdrraa8 rates Into 20A t( WASHINGTON — The Federal Fe- sending market serve offered super -low interest rates h 4� up p0 for two more years Tuesday - an t; unprece nred step to arrest an eco- < final hour after nom free fai(that dragged down the days of drastic stock market. Wall Street roared its r approval and finished a wild day with a t( declines Therapy t remarkably fast — the S' Dow Jones industrial average was still 1 down for the day with less than an d 1� 0 Brit's fiery unrest Pro*V burns Haar Reeves Camas in Croydon, south Tmxkm on'Itz sdw BrWA cities as authorities steed to ocateln tba country's worst curt e 8y)) j­c •tar a aar�t BACKGROUND *he Housing, Human and Veteran Services Department administers all affordable housing grant and assistance programs for Collier County. Collier County receives funding from several affordable housing programs administered by the U.S. Department of Housing and Urban Development (HUD), including the Home Investment Partnership (HOME) program. The HOME program provides funding to state and local governments to provide housing to low /moderate income households and covers expenses related to down payment assistance, operating expenses, and public education/training classes. In a letter dated August 20, 2006, Commissioner Frank Halas noted concern over the expanded use of HOME funds and contracts with external entities to increase the county's affordable housing inventory. Given the high risk inherent with affordable housing programs, Commissioner Halas wanted to be certain that the county had the appropriate controls and procedures in place. As a result, Commissioner Halas formally requested the Clerk to perform an audit of the county's affordable housing programs, especially programs using HOME funds. One contract brought to Commissioner Halas' attention by a constituent was between the county and the Collier County Housing Development Corporation (CCHDC) for the Cirrus Pointe Development. The CCHDC was founded in 2003 to help the community more adequately address the lack of affordable housing in Collier County. The proposed Cirrus Pointe Development was a 106 unit condominium construction project, with 32 units designated for moderate to low income residents. The CCHDC would own the 32 affordable housing units and contract with a developer to build the units. Upon completion, the CCHDC would manage and be responsible for locating and securing qualified individuals to purchase the affordable units. On December 15, 2005, Collier County awarded $320,000 in HOME funds to the CCHDC, which in turn gave the funds to the Developer for the land acquisition of the Cirrus Pointe Development. Clerk's staff met with Commissioner Halas to discuss the methodology of the audit. Commissioner Halas explained Obis confusion about the role of an internal auditor compared to an external auditor (e.g. KPMG). He had been advised y the county attorney's office that any internal audit would simply duplicate what was being done by the external auditor. Clerk's staff explained to Commissioner Halas that an external auditor uses higher materiality thresholds to govern the audit work performed, while an internal auditor considers risk and reviews internal controls with much greater scrutiny. Even though Commissioner Halas formally requested that the Clerk audit the county's affordable housing programs, the Clerk was denied the opportunity when the Board of County Commissioners (BCC), during the September 12 -13, 2006 meeting, approved 4 -1 to hire KPMG, the county's external auditor, to perform the audit. Commissioners Halas, Coyle, Coletta, and Fiala all voted to approve the hiring of KPMG, while Commissioner Henning dissented. Please note, at the time of Commissioner Halas's request, the county was in litigation against the Clerk over the Clerk's constitutional right to perform post- audits of county funds (Case #2D07- 4549). SUMMARY The purpose for this report is to provide an update on the events that have occurred through July 31, 2011. After being denied the opportunity to audit the county's affordable housing programs, the Clerk's Internal Audit staff reviewed information from the Clerk's Finance Department and documents available in state and county public records. The following is a timeline of events involving the CCHDC and Cirrus Pointe Development that was established by this review: • September 9, 2003, Item 1013 recommended that the BCC approve funding in the amount of $98,000 for the ARNL creation of the Housing Development Corporation (HDC). The approval included the HDC entering into a one -year contract with the BCC. The contract would establish measurable deliverables and benchmarks in order for the HDC to access the $98,000; 3 • September 22, 2003, the CCHDC filed with the Florida Division of Corporations as a non - profit entity with W. Jeffrey Cecil listed as the Registered Agent, Treasurer and Director. Mr. Cecil is an attorney with Porter, Wright, Morris, and Arthur; • March/April of 2004, the county entered into a contract with the CCHDC that defined 10 deliverables the CCHDC had to meet in order to receive the $98,000 in funding; • June 16, 2004, Collier County paid $68,000 to the CCHDC for start -up costs. Per the invoice, the CCHDC accomplished 7 of the 10 deliverables defined in the contract; • October 5, 2004, the CCHDC contacted Collier County regarding funding opportunities for an affordable housing project at the intersection of Thomasson and Bayshore Drives (aka Cirrus Pointe); • October 19, 2004, Cirrus Pointe Partners, LLC registered with the Florida Division of Corporations as non- profit entity with W. Jeffrey Cecil listed as the Registered Agent; • October 20, 2004, Collier County paid $20,000 to the CCHDC for start-up costs. Per the invoice, the CCHDC accomplished 2 of the remaining 3 deliverables defined in the contract; • December 8, 2005, Collier County certified the CCHDC as a Community Housing Development Organization (CHDO). The county noted in a letter dated February 6, 2006 that the certification would be provided to HUD's Miami office; • December 15, 2005, Collier County and the CCHDC finalized a HOME Subreceipient Agreement in the amount of $320,000 for the Cirrus Pointe Development land acquisition. As required by HUD, $115,000 (15 %) was designated as CHDO set - aside; • December 21, 2005, Collier County made the $320,000 payment to the CCHDC; • February 22, 2006, Collier County paid $7,500 to CCHDC for operating costs related to the closing of the Cirrus Pointe land acquisition. The source of funds was from the HOME program. The law firm of Porter, Wright, Morris, and Arthur acted as the settlement agent for the closing and received $8,555 for their services. As noted earlier, W. Jeffrey Cecil is the Registered Agent, Treasurer and Director for the CCHDC; the Registered Agent for Cirrus Pointe Partners, LLC; and an attorney with Porter, Wright, Morris, Arthur Law Firm. This created a conflict of interest; • February 28, 2006, Collier County paid $10,000 to CCHDC as final payment for start-up costs. Per the invoice, the CCHDC accomplished the one remaining deliverable defined in the contract; • August 22, 2006, the Clerk receives letter from Commissioner Halas formally requesting the Clerk to perform an audit of the county's affordable housing programs; • September 6, 2006, in an interview with Clerk's staff to discuss the approach and methodology of the audit, Commissioner Halas explained his confusion about the role of an internal auditor compared to an external auditor (e.g. KPMG). He had been advised by the county attorney's office that any internal audit would simply duplicate what was being done by the external auditor. Clerk's staff explained to Commissioner Halas that an external auditor uses higher materiality thresholds to govern the audit work performed, while an internal auditor considers risk and reviews internal controls with much greater scrutiny. • September 12 -13 2006, the BCC discussed the merits of having the Clerk or KPMG, the external auditor, audit the county's affordable housing programs. The BCC approved 4 -1 to hire KPMG to perform the audit. Commissioners Halas, Coyle, Coletta, and Fiala all voted to approve the hiring of KPMG, while Commissioner Henning dissented. • September 2006, KPMG released its Single Audit Report for Collier County. There were 20 findings noted in the report; 19 pertained to Collier County's administration of federal and state affordable housing programs, including the HOME program. Five findings were specific to the CCHDC /Cirrus Pointe Development. Of the 19 findings, 10 were considered to be material weaknesses. As a result, KPMG issued an adverse opinion on the county's compliance with the HOME program's requirements. However, KPMG did not include in the Single Audit Report the Clerk's response to a conflict of interest audit finding (2006 -4) on the basis that the financial impact did not meet materiality thresholds. The amount in question was the $320,000 in HOME funds awarded to the CCHDC; 4 • November 2007, Item IOX placed on BCC Agenda to extend the HOME Subrecipient Agreement between Collier County and the CCHDC. The HOME Subrecipient Agreement expired in May 2007 without any contractual milestones being completed; • January 2008, the Clerk received a letter from HUD's Director of Program Integrity noting that HUD had opened a case to investigate a possible conflict of interest regarding the award of HOME funds based on documentation provided by the Clerk; • March 26, 2008, the Collier County Attorney's Office was informed of HUD's investigation of a potential conflict of interest involving HOME funds awarded to Collier County; • April 13, 2010, Item 16K1 recommended the BCC approve filing a lawsuit against the CCHDC and Cirrus Pointe Developer to recover the $320,000; • November 9, 2010, Item 12A recommended the BCC approve a settlement offer proposed by the CCHDC. As part of the settlement, the county would receive a subordinate lien position to the mortgage on the Cirrus Pointe Development property. The BCC voted unanimously to accept the settlement offer. The lawsuit against the Cirrus Pointe Developer is still ongoing; • July 26, 2011, Item IOH recommended the BCC approve the Collier County 5 -Year HUD Consolidated Plan for FY 2011 -2016; One Year HUD Action Plan FY 2011 -2012 and the revised Citizen Participation Plan. Included in the Executive Summary was a brief two sentence statement that the One Year HUD Action Plan FY 2011 -2012 included an additional decrease of $160,000 in HOME funds to reimburse HUD for the Cirrus Pointe Development which was not completed. During the presentation to the BCC, county staff elaborated that this was an offer by HUD to decrease the county's HOME entitlement by $320,000 over a two year period ($160,000 per year) instead of the county using $320,000 in general funds to pay back HUD. The BCC approved the agenda item 4 -1, with Commissioners Coyle, Coletta, Fiala, and Henning approved the recommendation and Commissioner Hiller dissented. • April 9, 2013, Item 16.D.2 recommended the BCC approve substantial amendments to the FY2011 -2012 and FY2012 -2013 Action Plans for repayment of U.S. Department of Housing and Urban Development (HUD) HOME Initiative Partnership (HOME) funds for Activity #195 Cirrus Pointe (FY2005- 2006), and authorize necessary budget amendments. On October 16, 2012, the County received written notice from HUD with a Request for Voluntary Reduction for Ineligible Expenditures HOME Program stipulating a change to the original agreement and advising the County the entire amount of $320,000 would be deducted from FY2012- 2013 funds. The change will impact the availability of HOME program funds for FY2011 -2012 and FY 2012- 2013. The amendments increase HOME project funds by $160,000 in FY2011 -2012 and reduce FY2012 -2013 by $160,000. HHVS staff failed to establish a contractual relationship, award grant funds, and monitor progress of the CCHDC /Cirrus Pointe Development in accordance with federal regulations and HOME program requirements. As a result, HUD is now requiring the county to repay the $320,000 awarded to the CCHDC for the Cirrus Pointe Development land acquisition. SCOPE At the time of this initial review, the Clerk was in litigation with the county concerning the Clerk's constitutional right to post -audit county funds (Case #2DO7- 4549). As a result, the Clerk was limited to performing the following tasks: • Compiled information from the Clerk's Finance Department and documents available in state and county public records; • Interviewed HHVS and HUD staff; • Reviewed the HOME Subrecipient Agreement and related documents between the county and the CCHDC; • Reviewed minutes from BCC meetings related to affordable housing, CCHDC, and Cirrus Pointe; • Reviewed Code of Federal Regulations (CFR) and HUD HOME program requirements. 5 OBSERVATIONS The following observations consist of the five audit findings from KPMG's 2006 Single Audit Report related to the CCHDC /Cirrus Pointe Development. Included with the observations are management responses provided by HHVS and corrective action taken by HHVS. Also, included in finding 3) is the Clerk's response to the conflict of interest issue that was omitted from KPMG's 2006 Single Audit Report. 1) Funds awarded to CCHDC prior to receiving CHDO Certification. Finding � 006 -2 Federal Agency: U.S. Department of Housing and Urban Development Program: Home Investment Partnerships Program (HOME) CFDA Number: #14.239 Criteria: A Community Housing Development Organization (CHDO) is a private nonprofit community -based service organization formed for the purpose of developing affordable housing for the community it serves. A CHDO is a specific type of nonprofit entity that must meet certain requirements pertaining to legal status, organizational structure, capacity and experience. To qualify as a CHDO, a non - profit organization must meet the criteria listed in the HOME regulations (92.2) and further described in HUD's "Building HOME ". Conditions: We noted the following with respect to documentation of the requirements to qualify as a CHDO: Collier County Housing Development Corporation ( CCHDQ The "Building HOME" guide states the following: "A CHDO must provide a formal process for low income program beneficiaries to advise the CHDO on design, location of sites, development and management of affordable housing. The process must be described in writing, and must be included in the organization's by- laws or a board resolution." CCHDC's formal process was not included in either the organization's by -laws or a board resolution. As such, it does not appear that CCHDC met all of the CHDO criteria. • Although the County ultimately determined that CCHDC met the criteria associated with low - income board representation, documentation in the file did not initially support this conclusion. It appears that the controls associated with CHDO certification were not working effectively. General The County awarded $115,000 of CHDO funds to CCHDC on 12/14/05. The County did not formally certify CCHDC as a CHDO, however, until 02/06/06. The certification letter indicated the effective certification to be 12/08/05. As such, it appears the County awarded CHDO funds prior to obtaining all necessary CHDO documentation. A maximum of 1/3 of the board of a CHDO may consist of representatives of the public sector. Each CHDO provided the County with annual lists of its board members; however these lists did not identify members that would be considered "public sector ". This information was later provided to the County, who determined that the maximum limits were not exceeded in any case. Recommendation: We recommend formal policies and procedures with respect to CHDO certifications. The policies should address initial CHDO certification as well as CHDO re- certifications, and require completion of an annual checklist. For initial certifications, the County should have documentation to support each item on this checklist. Documentation required for re- certifications should also be described. To ensure proper controls are in place, we recommend coordination of CHDO documentation by one individual and review and approval by another. 6 Management's Response: Collier Countv Housine Development Comoration ( CCHDC) • Low Income Community Input: The by -laws of CCHDC include a statement of compliance that CCHDC would create a "process for low income community input." CCHDC did adopt by Board motion a formal written process for low income community input. CCHDC's actions since its inception have reinforced this policy. CCHDC has now adopted an official corporate resolution on January 11, 2007 validating that their official policy of low income community input has been in existence since creation of the organization. • Low income Board representation: As part of the County's CHDO Certification checklist process, low - income board participation is verified by staff. CCHDC has always and continues to maintain their required minimum number of low income board members. CHDO Certification Date: The certification process for CCHDC occurred over approximately a 9 month period. On December 8, 2005 county staff attended the Board meeting where the CCHDC adopted the two remaining policy items, thus completing all of the HUD checklist requirements for their CHDO certification status. General Collier County is confident that all three organizations have been appropriately certified as Community Housing Development Organizations (CHDOs) and that all expenditures are in compliance with HUD HOME regulations. The HUD CHDO Certification checklist will continue to be used annually for recertifying all organizations seeking CHDO status in Collier County. Corrective Action: A checklist has been developed into the agreement process. Management will review and approve IFall significant steps prior to disbursement. 2) CCHDC did not qualify as a project "Developer" as defined by the HOME program. Finding 2006 -3 Federal Agency: U.S. Department of Housing and Urban Development Program: Home Investment Partnerships Program (HOME) CFDA Number: #14.239 Criteria: Within 24 months after HUD notifies the participating jurisdiction (PJ) of HUD's execution of the HOME Investment Partnerships Agreement, the PJ must reserve not less than 15 percent of the HOME allocation for investment only in housing to be developed, sponsored, or owned by CHDOs. (24 CFR 92.300(a)). This 15% allocation is referred to as "set- aside" funds. The "Building HOME" guide states the following with respect to qualifying as a CHDO "developer": If the CHDO does not own the property, it must be under a contractual obligation with the owner to obtain financing and rehabilitate or construct the project. Under this scenario, the CHDO assumes all of the risks and rewards associated with being the project developer. A written agreement between the CHDO and the property owner must detail the CHDO's specific obligations. Conditions: The County entered into a contract with CCHDC on December 14, 2005 to provide $350,000 of HOME funds (including $115,000 of CHDO set -aside funds) for a mixed- income condominium development. CCHDC is termed as a "sponsor" in the contractual agreement. The County has indicated, however, that it believes CCHDC is fulfilling the capacity of a CHDO "developer" on this project. 7 Based upon the "Building HOME" guide and our review of the contract documents, it does not appear that CCHDC met the conditions to be considered a "developer ". CCHDC was not responsible for obtaining project financing and is not assuming all risks /rewards associated with being the developer. Additionally, CCHDS's specific obligations as a developer are only described in general terms in the joint venture agreement. Recommendation: We recommend thorough research and review of CHDO requirements prior to entering into a contractual agreement. Additional review and approval procedures should be developed with respect to CHDO expenditures to ensure that all conditions are met prior to the release of any CHDO funds. We recommend formal documentation of all CHDO requirements and controls. Management's Response: Collier County reviewed HUD HOME rules and made the determination that the Collier County Housing Development Corporation (CCHDC) was acting as a developer in the case of the Cirrus Pointe project. The joint venture agreement between CCHDC and Jim Fields states that both parties are responsible for the development of the project. This contractual agreement details the property owner and the CHDO's specific obligations to bring this project from conception to completion. "The parties desire to form a joint venture for the development and sale of the parcel according to this agreement. The parties hereby create a Joint Venture for the construction and sale of 108 residential condominium units on the parcel." In addition, the CHDO will be involved in efforts to secure additional financing for this project and the prequalification and sale of the affordable units. HUD encourages CHDO's to develop partnerships in order to more successfully develop, construct; finance and sell affordable housing. According to HUD regulations a CHDO is defined as a "Developer" when it "has a contractual obligation to a property owner to develop a project." In addition, "In the Developer role, the CHDO carries out some or all of the principal project development activities." (Building HOME pages 8 -12 and 8 -15). On January 16, 2007, staff requested clarification form the Miami HUD office on this matter. Corrective Action: Attend training on CCHDO's sponsored by the National Association for County, Community and Economic Development in June, 2007 and update the certification checklist and policies and procedures to reflect the training within 30 days. 3) CCHDC did not have effective project control of the Cirrus Pointe Development at the time HOME funds were expended. Finding 2 Federal Agency: U.S. Department of Housing and Urban Development Program: Home Investment Partnerships Program (HOME) CFDA Number: #14.239 Criteria: HOME regulation §92.220(a)(1) states the following with respect to set -aside funds for Community Development Housing Organizations (CHDOs): "The funds must be provided to a community housing development organization, its subsidiary, or a partnership of which it or its subsidiary is the managing general partner. If a CHDO owns the project in partnership, it or its wholly owned for -profit or non - profit subsidiary must be the managing general partner. In acting in any of the capacities specified, the community housing development organization must have effective project control." Conditions: The County entered into an agreement with CCHDC on December 14, 2005 to provide the $320,000 of HOME funds (including $115,000 of CHDO set -aside funds) for development of a mixed- income condominium project and $30,000 of HOME funds to pay CCHDC a developer fee. The $320,000 was expended on December 15, MW 2005 to acquire land and the initial payment of $7,500 of developer fees was paid. 0 CCHDC entered into a joint venture (JV) agreement with James Fields /Cirrus Pointe Partners (the Venturer) on November 30, 2005 to develop a multi - family condominium project. Thirty -two units in this project are to be sold to income - eligible homebuyers. CCHDC agreed to contribute $320,000 of HOME funds to the project. Wased upon our review of the JV agreement, CCHDC was not designated as the managing general partner and did not have effective project control at the time HOME funds were expended. The Joint Venture Agreement states, among other things, the following: The Venturer (as defined above) "shall supervise and direct the work related to the Project. Venturer shall be solely responsible for and have control over all construction means, methods, techniques, sequences and procedures and for coordinating all portions off the work under the contract documents." The JV agreement also states that "a failure of the parties to agree on any issue necessary for successfully carrying out the JV will result in submission of the question to mediation." Recommendation: We recommend the County review any future JV agreements that are associated with CHDO set - aside funds and ensure that the requirements described above are met prior to the expenditure of HOME funds. Management's Response: Collier County will continue to review all joint venture (JV) agreements as an integral part of its evaluation of HOME CHDO projects and their compliance with HUD regulations. The Clerk also responded to this audit finding, however, KPMG did not include it in the 2006 Single Audit Report. The Clerk's response was as follows: The Clerk provided notification. to the external auditor of a potential conflict of interest violation related to the HOME project (a mixed - income condominium development) described in this finding. Documentation indicates that there may be a conflict of interest violation of 24 CFR 92.356 associated with the grant expenditures. Collier County executed grant agreements for Cirrus Pointe and Copeland, representing HOME and Community Development Block Grant (CDBG) funds. W. Jeffrey Cecil served as Chairman of the Affordable Housing Commission, an advisory arm of the Board of County Commissioners, which reviewed and recommended approval of these grant projects. Mr. Cecil also served as a Board member of the non. - profit entity receiving the grant funds (Collier County Housing Development Corporation), as well as Partner -in- charge for a law firm that has represented Mr. Jim Fields (Principal of Cirrus Pointe, LLP) in numerous other land deals and received payment for a number of legal services related to the Cirrus Pointe grant. Legal services included title insurance and attorney's fees. This law, firm is .slated to perform closings on each of the 108 individual units associated with Cirrus Pointe, which could yield benefits equating to hundreds of thousands of dollars. In essence, the law firm is representing both the non- profit entity receiving grant funds as well as the developer charged with constructing the units and recommending to the Board of County Commissioners, as an Advisory Board member for the Board of County Commissioners, that they approve this expenditure. Given the scenario described there is a potential conflict of interest with 24 CFR 92.356 (HOME) and 24 CFR Part 570 (CDBG). Although the external auditor did not believe that the dollar value of the benefit received in this case warranted a management comment, it is our belief that dollar value is not a consideration for a potential violation of federal regulations, but the potential benefit involved is in fact material. What is also disturbing is that the Cirrus Pointe project has yet to break ground as of today, June 14, 2007, even though. the County distributed funds in December 2005 and the construction of the first three buildings was to have been completed by August 31, 2006; construction of the second three buildings was to have been completed by November 30, 2006 and construction of the final three buildings was to have been completed by February 28, 2007. Corrective Action: Staff modified language to eliminate the perceived ambiguity and attended Joint Venture training in April 2007. Policies and procedures will be updated to reflect the training by June 30, 2007. 9 4) The HOME Subrecipient Agreement did not enforce the future affordability for the Cirrus Pointe Development. Finding 2006 -12 Federal Agency: U.S. Department of Housing and Urban Development Program: Home Investment Partnerships Program (HOME) CFDA Number: #14.239 Criteria: HOME regulation §92.504(3) describes the provisions that must be in written agreements with a "for- profit or nonprofit housing owner, sponsor or developer". This regulation states, among other things, the following: Section (ii) Affordability: If the owner of developer is undertaking homeownership projects for sale to homebuyers in accordance with §92.254(a), the agreement must set forth the resale or recapture requirements which must be imposed on the housing. Section (vii) Enforcement of the agreement: The agreement must provide for a means of enforcement of the affordable housing requirements by the participating jurisdiction or the intended beneficiaries. This means of enforcement may include liens on real property, deed restrictions or covenants running with the land. The affordability requirements in §92.252 must be enforced by deed restriction." Conditions: We noted the following with respect to contractual agreements with non - profit housing developers: Collier County Housing g evelopment Corporation ( CCHDC) Section (ii) IF- L_ The HOME agreement (Part V, Sections D and E) states that CCHDC must comply with the affordability requirements Ak under 92.254. The agreement does not, however, specifically address the resale or recapture provisions of 92.254(a). Section (Vii) The County entered into an agreement on 12/14/05 to provide $350,000 of HOME funds for a mixed income condominium development. HOME funds totaling $320,000 were expended on December 19, 2005, however there was no "enforcement of the agreement" as described above. A promissory note and mortgage (including affordability requirements) were executed on November 2, 2006. General We noted other provisions (as described in §92.504(3)) that were not specifically addressed in the contractual agreements but per the County, were covered under an all encompassing statement that requires compliance with 24 CFR. Recommendation: We recommend the County carefully review the language of all HOME contracts to ensure compliance with 24 CFR 92.504. Written agreements should specifically address each provision as described in this HOME regulation. Management Response: Collier County will review all contractual agreements to ensure they comply with all requirements of 24 CFR including 92.504. Regarding the Big Cypress deed restrictions referenced above, the developer requested an additional change to reflect a revised legal description. This revision is in process and will be completed in March 2007. Corrective Action: Appropriate language was added to the agreement. All agreements are reviewed by the County Attorney's Office. Staff will pursue review by HUD source for compliance with HUD legal sufficiency. 10 5) An environmental review was not completed for the Cirrus Pointe Development. *F11indine2006 -13 Federal Agency: U.S. Department of Housing and Urban Development Program: Community Development Block Grant (CDBG) Home Investment Partnerships Program (HOME) CFDA Number: #14.218, #14.239 Criteria: HOME regulation § 92.352 requires that the environmental effects of each activity carried out with HOME funds be assessed in accordance with the provisions of 24 CFR Part 58 — "Environmental Review Procedures for Entities Assuming HUD Environmental Review Responsibilities." Completion of the environmental review process is mandatory before taking a physical action on a site, or making a commitment or expenditure of HUD or non -HUD funds for property acquisition, rehabilitation, conversion, lease, repair or construction activities. (HUD Notice CPD- 01 -11) The County must maintain a written record of the environmental review undertaken for each project (known as the Environmental Review Record or ERR), which includes documentation described in 24 CFR §58.38. Conditions: At the time of our initial audit testwork in August 2006, an environmental review had not been performed for the Collier County Housing Development Corporation. Land was acquired on December 19, 2005 using $320,000 of HOME funds. This project was subject to a full environmental assessment in accordance with 24 CFR 58.36. Recommendation: The County has now completed an Environmental Review Record for each of the above mentioned projects. Environmental reviews should be completed for each project prior to IDIS set -up and prior to expending any grant funds. To ensure completion of environmental assessments, we recommend implementation of oversight controls. After each ERR is completed, it should (1) be signed and dated by the appropriate staff member and (2) be reviewed and approved by management. The approved ERR should then be forwarded to the person responsible for IDIS set -up (to initiate this process) and subsequently placed in the appropriate file. We recommend the County update its policies and procedures to document all controls and processes associated with environmental reviews. Management Response: Collier County concurs with this finding and as indicated in the recommendation above has already implemented additional environmental practices and procedures. Consequently, our positive completion of all environmental reviews and implementation of additional practices and procedures has validated all HUD eligible activities and any and all questioned costs associated with these and future projects. Corrective Action: As stated above, additional environmental practices and procedures have been implemented. CONCLUSION As documented by the timeline established by the Clerk and KPMG's 2006 Single Audit Report, HHVS staff failed to establish a contractual relationship, award grant funds, and monitor progress of the CCHDC /Cirrus Pointe Development in accordance with federal regulations and HOME program requirements. As a result of these control weaknesses, HUD is now requiring the county to repay the $320,000 awarded to the CCHDC for the Cirrus Pointe Development land acquisition. The Clerk provided a response to KPMG's 2006 Representation Letter to further explain the conflict of interest issue (Observation #3) noted above. However, Chip Jones, KPMG Managing Partner, would not accept the Clerk's response, instead choosing to use the response provided by the county. 11 INS fa 4832633 OR 4914 PG 3275 RECORDED 5/2/2013 9:43 AM PAGES 19 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $163.00 This instrument Prepared by' Colleen M. Greene, Assistant County Attorney Office of the County Attorney 3299 Tamiami Trail East, Suite 800 Naples, Florida 34112 239 - 252.8400 AFFIDAVIT OF LOST ASSIGNMENT OF PROMISSORY NOTE AND SECOND MORTGAGE AND SECURITY AGREEMENT STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the ut Assistant County Attorney, follows: I. ie'rsi $O; e - -- d.auth rity personally`a�il - -- ".. 1. Affiant, Coll' gr 1] Collier County, a political sdi� capacity on its behalf. tiC? 0 COLLEEN M. GREENE, Ti, deposes and states as , counsel on behalf of s this Affidavit in such 2. On October 12, 1 18� lJousing Developm.; t1 "corporation of SW Florida, Inc., formerly known as Collier County, l3`ou t De-velappot eorporation, a Florida not - for - profit corporation ( "Assignor ") executed iA4t. , a political subdivision of the State of Florida, ( "Assignee ") an Assignment of Promissory Note and Second Mortgage and Security Agreement ( "Assignment" a copy is attached hereto as Exhibit "A ") conveying a certain Promissory Note dated November 2, 2006, in the original principal amount of Three Hundred Twenty Thousand and 00/100 Dollars ($320,000.00) ( "Note ") and said Note is secured by a Second Mortgage and Security Agreement dated November 2, 2006, given to Assignor, by Cirrus Pointe Partners, LLC, a Florida limited liability company, as recorded in Official Records Book 4137, Pages 159 -166, in the Public Records of Collier County, Florida ( "Second Mortgage "). [A copy of the Assignment is attached hereto as Exhibit `B" and is a true and correct copy of the original.] 3. The Assignment was a condition of a settlement in the lawsuit styled Collier County, a political subdivision of the State of Florida v. Collier County Housing Development Corporation, et al.; Case No. 10- 2532 -CA, filed in Collier County Circuit Court. (See letter attached hereto as Exhibit "C ".] 4. On November 9, 2010, the Board of Collier County Commissioners approved the settlement and acceptance of the Assignment. [See Board Recap and Executive Summary attached hereto as Composite Exhibit "D ".] Page 1 of2 OR 4914 PG 3276 5. Affiant has concluded that due to change in office personnel and excusable neglect the original Assignment of Promissory Note and Second Mortgage and Security Agreement has been lost, misplaced, or destroyed before same could be recorded. 6. The Assignee is the current owner of the Assignment and has not further assigned or transferred said Assignment to any other person or entity. 7. This affidavit is made to record this instrument executed and acknowledged by Collier County, a political subdivision of the State of Florida, in place of said lost, misplaced, or destroyed assignment. Dated this � day of AALZ 2013. The undersigned, being No Colleen M. Greene, appealed �' ef6r fpersonally known to me andjgg ikhv the above and foregoing docu�meof, "ar to the best of her knowledge. • ° "'•• PV�••i- SANDRA HERRERA P, `e- Notary Public -State of Florida • #€ My Comm. Expires Nov 20.2016 ,f� € Commission I EE 837583 lamed Thm* NatiorW Notary Aun. 10-2532- CAI2387 Page 2 of 2 0 � 4,EEN M. GREENE COUNTY ATTORNEY orida, hereby certifies that IWA and is she aliffixed her signature to therein are true and correct Public Name of Notary Typed, Printed, or Stamped I1 � ommission Expires f OR 4914 PG 3277 EXHIBIT b to PROMISSORY NOTE November:dc , 2006 $320,000.00 Naples, Collier County, Florida FOR VALUE RECEIVED, the undersigned (the "Borrower ") promises to pay to the order of Collier County Housing Development Corporation, a Florida not for profit corporation (the "Lender "), the principal sum of THREE HUNDRED TWENTY THOUSAND DOLLARS ($320,000.00), or so much thereof as shall have been advanced from time to time by the Lender to the Borrower and the Borrower further promises to pay to the Lender interest on the principal amount evidenced hereby from time to time outstanding at five percent (5.0 %) per annum. ..:'C�v'... Borrower shall have the rightt;y "fime 4frori?t•;t Ito time, to prepay'the unpaid principal, but with accrued interestA4t 4eiiate of such prepay ht Qn any amount prepaid. The entire principal balance plus acoueefinterest -s4all be due and`payable on December 31, 2010 ( "Maturity Date "); provided, /lbw er, thaY a Maturity Date shall be extended so long as the Borrower is diligently pursuing th p m f ' ' -af��a F rdable housing, as defined in that certain Joint Venture Agree datediasj oh; 3�0 dof November, 2005, between Borrower and Lender (herein ;rhot term of watch are by this reference incorporated herein as fully aslf4dw—ntren het'effi. 0 2 er, ,`that if Borrower fulfills the terms of the IV Agreement and`,,aa" ' letes construction or 2 ttraitspf ffordable housing and said units are encumbered by approph4t mortgages to Lender ac itS amount of $10,000.00 and each satisfactory to the County a of Collier County,. l rida;'or his or her designee, then this Note shall be deemed satisfied. 1. This note is referred to as & e" "1V`ote" m that certain Second Mortgage and Security Agreement (the "Mortgage ") of even date herewith from the Borrower to the Lender and is secured by and is subject to all of the benefits, terms and conditions of the Mortgage, together with any other instruments executed and delivered by the Borrower to the Lender as security for and securing the indebtedness evidenced by this Note and other obligations of the Borrower to the Lender (collectively "Obligations "). 2. The occurrence of any one or more of the following events, circumstances, or conditions shall constitute a default hereunder ( "Event of Default "): (a) failure of the Borrower to pay to the Leader promptly when the same shall become duo (whether at scheduled maturity, upon acceleration or otherwise) any portion of the Obligations, including, but not limited to, any installment of principal or of interest due under this Note or any other instrument evidencing or securing the Obligations or any fees owing to the Lender, or (b) the occurrence of any one or more Event of Default under the Mortgage or any other agreement between the Lender and the Borrower, or (c) a default under any loan, whether now existing or hereafter committed or made from the Lender (with or without participating lenders) and/or f m the Lender's affiliates or subsidiaries to the Borrower, or (d) a default under that certain Joint Venture Agreement dated as of the 30th day of November, 2005, between Borrowers and Lender (herein "JV Agreemenf'), the terms of which are by this reference incorporated herein as fully as if rewritten herein. At any - time after the occurrence of any such default, the indebtedness evidenced by this Note and/or any note(s) or other obligation(s) which may be taken in reaewal, extension, substitution, or OR 4914 PG 3278 1, �r i modification of all or any part of the indebtedness evidenced thereby and all other obligations of }3 PnP►nt1 =r f{e h c ve- n _tmri o„q� i g uncle, the T o n ®� =-- and/or the the Lender how,:oe _ -_ —: existing = =_ - - _mot �i .Sc Mortgage shall immediately become due and payable without demand upon or notice to the Borrower, and the Lender shall be entitled to exercise the other remedies set forth in the Loan Agreement, the Mortgage or as provided bylaw. 3. Upon the occifrrenee and during the continuance of any default hereunder, the Lender is authorized, without notice to the Borrower (the giving of notice being expressly waived by the Borrower) to set off and apply any indebtedness owing by the Lender to the Borrower against the indebtedness. evidenced by this Note, although then contingent or unmatured. The Lender agrees to notify the Borrower after any such setoff and application; provided, however, the failure to give such notice shall not affect the validity of such setoff and application. The rights of the Lender uncjer -Pf --r �3 are in addition to any other rights and remedies which the Lender may hay'eL 4, The Lender may tran�%f this Note and deliver Wtho transferee(s) all or any of the property then held by the Leader, as ,usecurify-- ,tbr,.thp-- {ndebtCd es evidenced by this Note ( "Collateral ") and the transferee(s)/shall shall thepgombecome vested witlli all the powers and rights herein given to the Lender vitlit� 'iii tbt I' -- — iscz��er skpll thereafter be forever relieved and fully discharged fro array labhit; or rr ilfi in the matter, but the Lender shall retain all rights and powe�r�'�Ty,gt�►cwith;espect to 3y Collateral not so transferred. S. The Borrower `tehy waives presen t or,'` " " ent, demand, notice of dishonor and protest and agrees4 ttt (i� any Collateralt; ►'d�/o�'rght of setoff securing any indebtedness evidenced by this Note 34q),+ ,,from time to In whole or in part, be exchanged or released, and any person liable O" 'K, • _ act:tq its ate maybe released --all without notice to or further reservations of ri is "eisttl�loirew gh g er, any indorser, surety or guarantor, and all without in any way affecting or releasing the liability of the Borrower, any indorser, surety or guarantor, and (ii) none of the terms or provisions hereof rfay be waived, altered, modified or amended except as the Lender may consent thereto in writing. 6. The Borrower hereby agrees to pay A out -of- pocket costs and expenses, including reasonable attorney's fees, incurred by the Lender in the collection of the indebtedness evidenced by this Note or in enforcing any of the rights, powers, remedies, and privileges of the Lender hereunder. As used in this Note, the term "attorney's fees" shall mean reasonable charges and expenses for legal services rendered to or on behalf of the Lender in connection with the collection of the indebtedness evidenced by this Note at any time whether prior to the commencement of judicial proceedings and/or thereafter at the trial and/or appellate level and/or in pre - and post judgment or bankruptcy proceedings. 7. Both principal and interest of this Note shall be payable in lawful currency of the United States of America to the Lender at 895 10th Street South, Suite 202C, Naples, FL 34102, in immediately available (same day) funds without deduction for or on account of any present or future taxes, duties or other charges levied or imposed on this Note, the proceeds hereof, or on ' the Borrower or holder hereof by any government, or any instrumentality, authority or political subdivision thereof. The Borrower agrees, upon the request of the Lender, to pay all such taxes, (other than taxes on or measured by net income of the holder hereof), duties, and other charges in addition to the principal and interest evidenced by this Note. 2 OR 4914 PG 3279 �i J 8. Nothing contained in this Note or any other instrument between the parties hereto shall be deemed to establish or require the payment of a rate of interest in excess of the rate (whether limited or unlimited) that may legally be charged on loans or extensions of credit made by any bank and/or lender or creditor under the laws (whether codified or not) of the State of Florida or of the United States whichever is higher or unlimited; as such applicable rate (or the absence of any rate limitation) now exists or may hereafter be increased (or the limitation, if any, on the legal rate of interest eliminated) by legislation or otherwise ( "Maximum Rate "). In the event that rate of interest so contracted to be paid should exceed the Maximum Rate, whether as a result of its fluctuation, acceleration of the maturity hereof or otherwise, the rate of interest to be paid hereunder shall be automatically reduced to the Maximum Rate and so much of any interest reserved, charged or taken as would cause the same to exceed the Maximum Rate shall be deemed not to be a credit against intervWj iirt';rathe�a prepayment on account of and be automatically credited against outs ut&ttciaLdriced hereby regardless of how the V ,..ti same may appear on the Lender' Qf;_`tt O=Mwer's ii0t i bf.,records or any memoranda of whatever nature evidencing the srartiei'Qrovided, however, no'sucli,applieation shall operate to cure or as a waiver of any EveniofDef ulfmoc asioniztg, acceleration. 9. Any amount of pri� 'pai�}dlvi� ��r'i "fetrii' %c_:*is� th is Note which is not paid when due, whether at stated instal att. ox`, shill bear interest from the �' ate then day when due until said amount,, .R4id✓,, 6__?_il, ga. `.. on gem n «st the Maximum R allowable by law. 10. The Borrower a ' �' at this Note shall brye'denic�td have been made under and shall be governed by the Iaws of th te:of Florida in all r�s ts,(except as to interest rates and other terms of lending which may 4 :e, tre�•,byµth lay+ f the United States), including matters of construction, validity, and perQrsience:` ` =any provisions of this Note shall be deemed unenforceable under applicable law, such provision shall be ineffective, but only to the extent of such unenforceability, without invalidating the remainder of such provision or-the remaining provisions of this Note. All of the terms and provisions of this Note shall be applicable to and be binding upon each and every maker, indorser, surety, guarantor, all other persons who are or may become liable for the payment hereof and their 'heirs, personal representatives, successors or assigns. Borrowees Address: 15544 Monterosso Lane Naples, Florida 34110 CIRRUS POINTE PARTNERS, LLC, a Florida limited liability company By: James fields, anaging Member DOCUMENTARY STAMPS IN THE AMOUNT REQUIRED BY LAW ARE AFFIXED TO THE MORTGAGE SECURING THIS NOTE AND CANCELLED PURSUANT TO LAW. ruriMtasu..ot OR 4914 PG 3280 This instrument prepared by: Thad Kirkpatrick, Esq. cohen&,grigSby 27200 Riverview Center Blvd. #309 _ , 6Uiiil6 4pi1i-'. j I'i�o6d� 3Q ASSIGNMENT OF PROMISSORY NOTE AND SECOND MORTGAGE AND SECURITY AGREEMENT This Assignment is made this ! dgy_ -o October, 2010, by Housing Development Corporation of SW Florida, Inc., former[ " - ,r wrrlpj-Cbllier County Housing Development Corporation, a Florida not - for -p fit C rporatioq, eW si�nor ( "Assignor "), in favor of Collier County, a political subd'ii r{of the State of Flo dt,. as Assignee ( "Assignee "). WHEREAS, Assignoris 2, 2006, in the original print Dollars ($320,000.00) ('N liability company (" Borrovyo Assignor. Note dated November Thousand and 00 /100 LLC, a Florida limited WHEREAS, the Note j red by that cer 6gjSddehd Mortgage and Security Agreement dated Novemb given by B kel t'a Assignor, as recorded in Official Records Book 4137, P�s f - 1•bb,._in -Ah�K P, t% Records of Collier County, Florida ( "Second Mortgage "). -- , If' . -�%`" WHEREAS. Assignor and Assignee desire to set forth the terms and conditions of the Assignment as more particularly set forth below. NOW, THEREFORE, for Ten and 00 /100 Dollars ($10.00) and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties hereto, and intending to be legally bound, they do hereby agree as follows: The above recitals are true and correct and incorporated herein by this reference. 2. Assignor hereby assigns, transfers and sets over to Assignee, all of Assignor's right, title and interest under the Note and Second Mortgage. 3. Assignor hereby represents and warrants to Assignee that Assignor is the sole and absolute owner of the Note and Second Mortgage. 4. Assignor hereby represents and warrants to Assignee that neither the Note, nor the Second Mortgage, have been modified or amended and that there are Page l of 2 EXHIBIT t / B ,. OR 4914 PG 3281 no outstanding assignments or pledges of Assignor's right, title and interest to the Second Mortgage or the Note. 5. Assignor hereby Confirms and acknowledges that it has not agreed with Borrower to any offset, reduction, settlement or other agreement with regard to the Note or Second Mortgage. 6. Assignor hereby acknowledges and confirms that on the date hereof, the principal balance under the Note is Three Hundred Twenty Thousand and 00 /100 Dollars ($320,000.00), and that no prepayments of principal or interest under the Note have heretofore been made. 7. This Assignment is made without recourse to Assignor. IN WITNESS WHEREOF, the unde ! dth - `4 caused this instrument to be signed and sealed an this ober- ...d�rZ WITNESSES:':' ASSIGNOR :, CORPORATION OF SW f W' ss # I ' Print,Namoalftahc Pasied �Cr�c±id �hai� \ _ Its: Its Presides `� (Type or Print Name) Witnoss r2/ 1 J (Type or Print Name) STATE OF FLORIDA COUNTY OF COWER The foregoing instrument was acknowledged before me this 'day of October, 2010 by Francesca Passers, as President of Housing Development Corporation of SW Florida, Inc. She is personally known to me. (SEAL) wv+cYQIMw WCaMMM82190 EXPOS: Saxe nba24.2312 Qii.�c� G'�cu.r Signat r e (Type or print Name of Acknowledger) Housing Development Corporation of SW FWda Inc - Assignment of Note and Mortgage.00C Page 2 of 2 OR 4914 PG 3282 ,r i " ` a culture of C01, en rl sb performance tS kpricc @cohenla Fax 239. _0 �s ,.1w Kelley G. Price Via Facsimile and U.S. Mail Steven T. Williams, Esq. Assistant County Attorney Office of the County Attorney 3301 Tamlami Trail East Naples, FL 34112 -4902 Re: Collier County Case No. 90.0; Confldentlal Settlement Dear Mr. Williams: i October 21, 2010 Pursuant to your request re�acittg`tti�`sl ;lerx; enclosed please find the orizOn Assignment of Pi Security Agreement executed b ' [ancesca Passed in our recent e-mail communicat poi-, the delivery of upon the approval of the settle nir, have been Commissioners at the meeting on bt�a)b fr, -2010 material terms of the settlement are bh bj.il original instrument be returned to my office wit -7n thr in Any Proceeding cu sibnp, in +the above - referenced case, iissary NA,; and Second Mortgage and kq. qn Jeff of my clients. As indiclated ari inall -signed Instrument is conditional :qu qin §Jby the Board of Collier County ,# � `, bttiement is not approved, or if any :ommissioners, we will require that the (3) business days.' If you have any questions regarding this, please contact me. I look forward to the amicable resolution of this matter next week. Sincerely, COHEN & GRIGSBY, P.C. By Kelley G. Price KGP /shs Enclosure (as noted above) cc: Francesca Passed, Esq. (via e-mail) Kathy Patterson (via e-mail) IW4970 Loot EXH1131T C z7zoo Riverview Center Boulevard, Suite Sag • Bonita Springs, FL 341W4317 ` Mann 239.390.1900 • Fax 239. 390.1901 www.cohe-rdaw.com �i r.. �i. n E OR 4914 PG 3283 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS COM- REDEVELOPMENT AGENCY BOARD (CRAB) AIRPORT AUTHORITY Fred W. Frank Ha' Jim Coletta, ] Donna Fial AGENDA November 9,2010 lflCC Chairman Corgi' NOTICE: ALL PERSO n Vl REGISTER PRIOR TO WA COUNTY MANAGER P&dh' ITEM TO BE ADDRESSED. UP TO THREE (3) MINUTES CHAIRMAN. ;Sioner, District 4 Asioner, District 2 ',' ,AB Vice - Chairman 1, CRAB Chairman rr .bistrict 3 TO SAK O AAGENDA ITEMS MUST 3PEAKLTST REGISTER WITH THE E PRE; s TION OF THE AGENDA JRED SPEAKERS WILL RECEIVE ,S- ,JIM TIME TIME IS ADJUSTED BY THE COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED BY ORDINANCE 2004 -05 AND 2007 -24, REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE. SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS." Page 1 November 9, 2010 ExHl ,T OR 4914 PG 3284 11. E. Recommendation to accept reports and ratify staff - approved change orders and changes to work orders. Motion to approve w /exception to Item #6 (Goodland Boat Park), Item #9 (Handyman and Minor Carpentry Services) and Item #10 (Handyman and Minor Carpentry Services) - Approved 510 PUBLIC COMMENTS ON GENERAL TOPICS A. Mike Shoeman — regarding Item #6B 12. COUNTY ATTORNEY'S REPORT Moved from Item #16K2 (Per Agenda Change Sheet) A. Recommendation to ae ISf; ettlement offer proposed by Housing Development Corti 46 a, Inc., formerly known as Collier County House,*; �lopment Corpor ti it ��relating to litigation styled as Collier County. Aorida-v,Collier Coun HoVsmia Development IFU 14. for the Twenti0 j , 10 �' whereby Hous, Deeom 4'. t� right, title ails Wrest'to -mod" , security agr ern nt, in the principa Pointe Partndt°s.C, and direct t) additional action } cessary to in Approved - 510 in - OTHER CONSTITUTIONAL OFFICERS � no' pending in the Circuit Court it, Collier County, Florida, afiTof SW Florida, Inc., assigns all at aid second mortgage and . 7rcwW Cpf $320,000, given by Cirrus Attorney to take whatever 'this settlement. AIRPORT AUTHORITY AND /OR COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. Mr. Ochs — Moving Public Comment to before Staff Communication in the New Automated Board Agendas B. Commissioner Fiala — Report on low income housing in Collier County C. Commissioner Halos --A resolution naming the new recycling center the John Yonkosky Recycling Center — Consensus D. Commissioner Coletta — Thanks to Staff, Mario Diaz -Balart and Matt Hudson for their attendance at the Everglades Interchange meeting Page 8 November 9, 2010 OR 4914 PG 3285 EXECUTIVE SUMMARY Agenda Item No. 16K2 November 9, 2010 Page 1 of 9 Recommendation to accept the settlement offer proposed by Housing Development, Corporation of SW Florida, Inc., formerly known as Collier County Housing Development Corporation, relating to litigation styled as Collier County, Florida v. Collier County Housing Development Corporation, et at. (Case No,10- 2532 -CA) now pending in the Circuit Court for the Twentieth Judicial Circuit in and for Collier County, Florida, whereby Housing Development Corporation of SW Florida, Inc., assigns all right, title and interest to the promissory note and second mortgage and security agreement, in the principal amount of $320,000, given by Cirrus Pointe Partners, LLC, and direct the County Attorney to take whatever additional action is necessary to implement this settlement. OBJECTIVE: That the Board proposed by Housing Develop�r litigation styled as Collier Count et al., whereby HDCSWFLAssq note and second mortgage and all by Cirrus Pointe Partners LL;f action is necessary to impleme11 CONSIDERATIONS; CPJitek Coun Home Investment PartnershioPi gran for land acquisition and the \.d�opr agreement was effective on, additional time for completion. HDCSWFL failed to materially cor p $320,000 in grant funds from Collier were ever built. am"ti1i`o oard) accepts the settlement offer ration of S V r rida, Inc. ( "HDCSWFL ") relating to V. Collier Countyziousing Development Corporation, &.,Co.unty�all right; title�and interest to the promissory ;e,ment, in the principal amount of $320,000.00, given ,(ss',WFr--&W Attdfnev to take whatever additions! r Dcpartmenfof Ho4ingi� *,'Human Services awarded a ( HOME) Grant ?tg HDCS* L in the amount of $320,000 ent of affordalgj� / units in Collier County. The r 14, 2005 and at�ndj8 on July 1, 2007 to provide ie�feral.c �ett�bn�tvas December 31, 2009; however, �`_ ,%the agreement. HDCSWFL received Jouiity�wvh3b t�was used for land acquisition. No homes Section VI (A) of the grant agreement provides: "All HOME funds are subject to repayment in the event the PROJECT does not meet the Project Requirements as outlined above," In the event the subrecipient fails to perform, the agreement provides financial protection to Collier County by requiring repayment of funds. Furthermore, the subrecipient secured a mortgage against the subject property. This mortgage is recorded in Official Records Book 4137 Page 0159 of the public records of Collier County, Efforts to resolve this issue with the subrecipient were unsuccessful, and at its April 13, 2010 regular meeting, the Board authorized the County Attorney Office to file suit against HDCSWFL to recapture the funds for material non- compliance. In its settlement proposal HDCSWFL would assign all if its right, title and interest to the $320,000 promissory note and the above - referenced second mortgage and security agreement to Collier County. A copy of the executed Assignment is attached to this Executive Summary. Page 1 of t OR 4914 PG 3286 Agenda Item No. 16K2 November 9, 2010 Page 2 of 9 This settlement does not adversely impact the remaining litigation against James Fields and Cirrus Pointe. A specific term of the Settlement Agreement is that the Collier County Housing Development Corporation will make a designee available for the County to depose for use in the remainder of the litigation. FISCAL IMPACT: Currently, the County has extended $320,000 in HUD funds for the Cirrus Pointe project. This settlement represents an attempt to secure the County's interest in those funds. The existing $320,000 granted by the County was unsecured. HUD has stated that it will diminish future grants to the County in the amount of $320,000 if the County does not seek return of the funds granted to Collier County Housing Development Corporation. The securing of the existing promissory note is a step toward the ultimate recovery of the HUD funds. ,I,k,UA-L UeuvSiUMCNIiUNS' f:d e,Cl :i►1 th t2oynfjr.ptivmey has reviewed the proposed settlement offer and related do felt- en'tss-�nd this item is- legalty,`s ffcient for Board action. JAK RECOMMENDATION: That, t 'h�- B°oaid-bf- County,Commission6m accepts the settlement offer proposed by Housing Dev 6Iop*en(' - o"'ora ion of S Florida, in� , formerly known as Collier County Housing Develo�menf' rot gra1irar!', tngj o`�it #�tionj styled as Collier County, Florida v. Collier County ifffoltsin� li?erlel�p�ner�L/ 7\c atlon, : et at., whereby Housing Development Corporatioh * Florid ItNC. assigns "Collier, County all right, title and k C � >_a:s c4—Z, interest to the promissory, no p still second mortga &.e an seci iagrcement, in the principal amount of $320,000.00 i fib b Cirrus Pointe Part & g �, y LC; aut�'directs the County Attorney to take whatever additionalmts necessary to implirite t tlt� ttlement. PREPARED BY: Jeffrey AL. kb i, aunty 1�ti N 'J Page 2 of 2 OR 4914 PG 3287 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Agenda Item No. 16K2 November 9, 2010 Page 3 of 9 Item Number: 16K2 Item Summary: Recommendation to accept the settlement offer proposed by Housing Development Corporation of SW Florida, Inc., formerly known as Collier County Housing Development Corporation, relating to litigation styled as Collier County, Florida v. Coiner County Housing Devetopment Corporation, et al. (Case No.10- 2532•CA) now pending in the Circuit Court for the Twentleth Judicial Circuit In and for Collier County, Florida, whereby Housing Development Corporation of SW Florida, Inc., assigns all right, title and interest to the promissory note and second mortgage and security agreement, in the principal amount of $320,000, given by Cirrus Pointe Partners, LLC, and direct the County Attorney to take whatever additional action is necessary to implement this settlement Meeting Data: 11/912010 9:00:00 AM Prepared By�,r'" Jeff Klatzkow County At4orni / t Data ?; - - -• 1012512010 3:50 :19 PM Approved By Steven Williams Assistant � unly Att r4 Fry aXe t �. ! County Attorney Count>±A#t�me -y' f .1OJ26120101:11 PM Approved B OMB Coordinator y ` J Date f County Manager's office Office of Managlr�l nt t3udaQ,S - __ '�44 a 11(2/201011:35 AM Approved By Randy Greenwald Management/Budget Analyst Date Office of Management b Office of Management 3 Budget it/2120i01:28 PM Budget Approved By Leo E. Ochs, Jr. County Manager Date County Managers Office County Managers Office 1112/2010 3:30 PM OR 4914 PG 3288 Agenda Item No. 16K2 November 9. 2010` :. Page .4 of 9 , This instrument:prepardd - -by:: Thad Kirkpatrtgk,' Esq.. cohtrn&grjsbY. •v. 17200'Rh�c-6,i -W Qi Mer l INd. #308 Bonita:Springs, 0aoMa 34:134 •A3t10NMENT QF PROMISSORYrNOYE At+(D ;. - . _ = :�EGONG MORT�sAGE AND `SECURRIf�'A,�REEM£at::.::.,. '� • „� . "`THIS° ..� • rE�:: ASSig ri`t8r5t�is= ra�e�tti .^t3et-2A1O�b Nbi7 `• -�V Corporation of SW Florida, Inc , o i yr Y s it' r County Housing Development Corporation, a Florida not -, corporafion; ` not ("Assignor"), , �j►, ( g ) in favor at. Collier-.Coupty;.a polift6l:sGf�di�rtslQn ot':the:Stato of`F :Assignee ( "Assignee" J,. . ' : � . -WHBRFAS,.Assig nor Rh d�r f- ' 'e ' sory Note dated Naverhber 2, 2006iirt-.the original p l a octntf ofT r : u` r d we6ty Thousand r�6d.0o /I:0o::. Dollars. ($320,000.00] (N s' ?- die Poi r� a t s, LLQ 'd Ftodd6 limited - liability company ( "Bor 'j to Assignors /;:::7/ WHEREAS, the No ured by that certat t i Mortgages and-.Secvrity., Agreement doted Novem a 006, given by r to Assignor, --as -recorded: in Officiaf'Records, Book 4137'' <r e�, 5�tbbrlrr" tic. Records, of - Cotiler.:County,. Florida (Second Mortgage J. / WHEREAS; ind Amignee. ddslre.to-.set;fo_rfh_ the terms: -.a_ nd.iconditionibC.” the-Assignrfnent as;mgre particulddyset forth beJovrr _ :.., .:. - .. . -:_:.: ... _. :,•ice :.;�� ;..-r.��....�'._ -- - -- ='r.::;:..i • --.._._; ____. _..-- mac::.. , >. __ - _< -_ __: :__. •;•.. .....•• •:_"2 -.• .K.. e•_,'•;::.'se. ;'- �•� :i °'sr'4.3r °-. =THEREFG�Rr yr ` %n :and OfJ /tOp t?oilars ` {510.00) ai�l3;: otilefi: gooii.:afid valuable consideration, the receipt dnd adequacy of which is hereby acknowledged~ the parties hereto,: Arid intending to.be IegoOy bound, th @y do hereby agree as follows: 1'.• : .: -The_ cbova recitals are true 'and correct and incorporated: herein by this referencb. . • ... 2.• Assignor• hereby assigns, transfers- arid sets over to -Assignee, arf -of' Assignor'sAght,-title and Intere3t under the Note and Second Modgoge� . 3: :-Assignor: hereby represents and warrants'_ 6 Assignee fhat Assignor;is tfis3 $gle-:and absolute owmer of the :Note and Second Mortgdge.: 4. ' -Assignor hereby represents and warrants to Assignee that neither the Mate, nor the Second Mortgage, have been: modified or amended and that there are Page t oE2. OR 4914 PG 3289 - Ageridadtem No. 16i<2', - November -9; 2010:- , -Page 5 of.9 Tv no outstanding: asstgrirrie�ts; of pledge': af.;Assigno�'s: rigfit,:.titie and interest to the. Second Mortgd -;*t- iie'ititste.. 5... Assignor heiepy.confl"s.and ockridWiedges that it hds'not:agreed with':'. .: Borrower .to any offset; reduction, sefiflemeni 'or olf ee...C*ppiftnt-with reggr'd4 the Note orSecorid'Mortg age. . 6. .Assignor-hereby acknowledges anal corifirnis.that on the data heieof;:fihe pdncipal bnfdnce under the Note IvThree Hundred Twenty -TFiousand:gt'ict DQJi00.tJoltars :.. . ($S20;000.00), and that no prepaynients•,of principal or interest 'under the tote have: ° •:; :. herefofore:been made;: ; °nt: s r�nasle:v+ihovt recoi�s_tp;Aslgnot.:;y':• . ..... ..::7•.;. ' '= Thtsa�zstgnnie . i.. :. {, `7::.: -.._.: r=- ::.::.� :5:r? - �_:.._, •�- .••., - — -- • .. .: .. _.:. :..*_ - .n.,:.r.} —_ ,1ib�_ . , -- _'•3,Fje... �j�++•=�i�:7 ?_`.p "; .:• ...5t�::. - —�k= =� a�- tir?`•::;.i 5.'Y�_- '�.".°s.+. �,== iN WITNESS WHERE. , t+ e'er �� ed this instrument to be signed and seated on this, 6f October, ;I WITNESSES: �,`- HSS�iGN':K.: . . ... - S • - 141��I'f CO.RPQR{[TT.N� b.F•'- Vif -- "`_ •:•.•. Trin ,,t,,r, .,,.� • .Ifs`: "ns Pr` sr rat'`�j° : � .. -. -. . • . (Type or Print NarYrQ)• , � �jfi: - ''�>. • • •.. :::._• - STATE 6 FLORIDA !I. COl1NTY.0FCQWER - :was vcknov++le1 ed: =b tare.; ne_; The' fgtagoit rgstiuineiit :. 9 ttii9 -: `-'r! ::o' Octof3er ,.!010 byTraiti ._. P6sset), asPresidehfi: ofiHousi ngDevefopmetit _`__;otpciptlt�riof::• SW.Floddadnc. She�ls.j�er3onatty known to me _ (SEAL) ... - _ -= Signa e 'G (Type or•pdht Name of Acknowledger} •• urcousssoK�ooarra ' •E7�iES8rpmib�r2{76t2. - • luadfMUNe�.rAMdkOriiil� ' • . • HcinrnC:4e'[c�OR�r!e.i CorpofottOn i613 :Flo40 I mc - Assrgittrtenl oI,plo ►e ond:M6rt� age: . OR 4914 PG 3290 EXECUTIVE SUMMARY Agenda Item No. 16K2 November 9. 2010 Page 6of9 To authorize the Department of dousing and fiunaan Services to work with tha Co=unoy AEtoFUey to take all efforts to recapture U.S. Housing and Cuban Development ( "HUD ") Grant Funding provided to the Collier County Housing Development Corporation ( "CCHDC') including filing a lawsuit in the 20`" Judicial Circuit if necessary for failure to comply with the Grant Agreement to develop Cirrus Pointe and to seek direction on whether to fund CCHDC for future grant awards. OBJECTIVE: For the Board of County Comtnissiotlok.* � authorize the Department of Housing and Human Services to work with the County�Qj Mey to take all efforts to recapture HUD Grant Funding provided to CCHDC including a ?Wn a lawsuit in the 20 Judicial Circuit if necessary for failure to materially -,c ? y "WW. -thq terms of the grant agreement dated 0 December 14, 2005 and amended'-0-1k awards. 2017 t et�ter to f 1. �und CCHDC for future grant ;. , CONSIDERATIONS: Collicpto ty "TTepartnti.ht -of iio+ ing''t�nd Hu Services (HHS) awarded a Home Investorent P ersiu Giant to CCHDC in the amount of $320,000 for land acquisition a 0_.M ablje housing units in Collier County. The Agreement was effe' ive;oni �. _ . ` c ` ed ion Jul 1 2007 to provide �c�tt additional time for compIvtfti:o h �mpte� KD$cember 31, 2009. To date, CCHDC has failed to ma�elili l compl . � s d1 ili'�,J.1°g eement. CCHDC received $320,000 in grant funds frgrlx�iIier County which ued Bland acquisition. There is no construction started. CCHDC is now currently known a3#ieou=g_Ive1 }ptt}ri't corporation of Southwest Florida. Section Vl ( ) `of Iii' grant 4e? lnent proi*ides:-�Wf'HOIvlE funds are subject to repayment in the evC'# he PROJECT49. g not r eg the Project Requirements as outlined above." Prior to the Agreement with the County,. CCHDC entered into a Joint Venture Agreement with James J. Fields and Cirrus Pointe Partners, LLC ("Venturers") on November 30, 2005. This Agreement provided that the Venturer would own the parcel once acquired, and that CCHDC would contribute $320,000 toward acquisition. Based on the Agreement, the Venturer is responsible for all construction costs. The Agreement further provides- "Upon any breach by VENTURER of the terms.gtthis agreement which would prevent CCHDC from receiving, or would require CCHDC to 'refund, project expenses and/or developer fees it would have received.... VENTURER shall be responsible to return $320,000 CCHDC provided..." Collier County's demaad and cause of action will be against CCHDC based on breach of the grant agreement and amended agreement with the County. Federal regulations also give the granting agency, the County, the discretion to determine whether to fund the non - profit again based on past non - compliance. HHS seeks direction from the Board of County Commissioners on whether to continue to fund CCHDC in the future. Staff OR 4914 PG 3291 Agenda item No. 16K2 November 9, 2010 Page 7 of 9 recommends funding CCHDC for future non - construction projects. CCHDC has achieved success in other areas including budget and foreclosure counseling, CCHDC is the only certified education agency operating in the Naples area. FjSfAI, IMPACT: The cost of potential litigation is unknown. Filing fees and service are approximately $400. The case will be handled by the County Attorney's Office. GROWTH-MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: This item and related contract documents have been reviewed by the County Attorney's Office. Based on information available to date, CCHDC is in breach of the grant agreement with Collier County. HUD regulations require the County to attempt to recapture the funds for material non - compliance. This item is legally sufficient for Board action. —CMG 96, RECOMMENDATION: 1144�r` and of CouiVi 1,p l ssioncrs authorizes the County Attorney to work with the Dupa�ient of Housing and'luftii t,,Services to take all efforts to recapture U.S. Housing and;Urbah Developrn_ent "HIED ") Grapt Funding provided to the Colli r th County Housing DevelopmcntlCor bf'ation (,.CCfWQ) including, filing a lawsuit in the 20 Judicial Circuit if necessary fdr, Meth ,to,'. omp�y,, ith#, ,t Agreement to develop Cirrus Pointe and to seek direction oriw tq fir d�CCI7 for f7 ur¢ grant awards. PREPARED BY: Marcy bi , Directk Hetrs g an *Services t � 1 09- FAH - 00471!4 + �a 2 OR 4914 PG 3292 EXECUTWE SUMMARY Agenda Item No. 16K2 November 9, 2010 Page 8 of 9 Recommendation to authorize the County Attorney to file a lawsuit, on behalf of the Collier County Board of couu,c g €sie5ea6655a6eRib "ib, 61KO nai Me Colifler County Housing Development Corporation, now known as the Housing Development Corporation of Southwest )Florida, for failure to comply with the grant agreement to develop Cirrus Pointe. OBJECTIVE: That the Board of County Commissioners (Board) authorizes the County Attorney to file a lawsuit in the 20`' Judicial Circuit to recapture HUD grant funding provided to the Collier County Housing Development Corporation, now known as the Housing DcveIopment Corporation of Southwest Florida ("HDCSWFV pursuant to the grant agreement' dated December 14, 2005 and amended on July 1, 2007. CONSIDERATIONS: Collier Home Investment Partnership Pi for land acquisition and the d5 agreement was effective on ',-D additional time for comnletidn' . The date for final com materially comply with funds from Collier Courn t of Housing and Human Services awarded a 10' cP' ' 1 H,DCSWFL in the amount of $320,000 ,�lutE�6ra�rt<ja, , f of affordibit ii(hs ng units in Collier County. The theit 14, 2005 and aded on July 1, 2007 to provide eN Section VI (A) of the grant.' ement provides: "Ali' the event the PROJECT does ;t, Vmect the Project Rcgi the subrecipient fails to perfd .., t) c agreement provii by requiring repayment of fundijt- ore, the sti subject property. This mortgage tg ,r o id I to f ui public records of Collier County. HDCSWFL has failed to eeived $320,000 in grant mes were ever built, it are subject to repayment in isbutlined above." In the event it protection to Collier County secured a mortgage against the s Book 4137 Page 0159 of the At its February 9, 2010 regular meeting, the Board authorized the Department of Housing and Human Services to work with the County Attorney to take all efforts to .recapture the grant funding provided to the Collier County Housing Development Corporation to develop Cirrus Pointe. Efforts to resolve this issue with the subrecipient have been unsuccessful, and the County Attorney is seeking the Board's authorization to file the lawsuit. FISCAL IMPACT: Filing fees and service are approximately $400, Legal costs should be minor. The case will be handled by the County Attorney's Office. GROWTH MANAGEMENT IMPACT: None, LEGAL CONSIDERATIONS: This item and related contract documents have been reviewed by the County Attorney's Office. Based on information available to date, Collier County Housing Development Corporation is in breach of the grant agreement with Collier County. HUD regulations require the County to attempt to recapture the funds for material non- compliance. This item is legally sufficient for Board action. — STW *** OR 4914 PG 3293 *** Agenda item No. 16K2 November 9, 2010 Page 9 of 9 gF,COMMENDATIO That the Board of County Commissioners authorizes the County Attorney to file a lawsuit in the 20'h Judicial Circuit to recapture HUD grant funding provided to the Collier County Housing Development Corporation, now known as the Housing Development t!n 'A 'np —U— !A '$1M nr-al amended on July 1, 2007, Prepared by-, Steven T. Williams, Assistant County Attorney CP\10-000-00116\12 "0&/ C� OLSTICE RESIDENTIAL PUD A RESIDENTIAL PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE CIRRUS PA4NT€SOLSTICE RESIDENTIAL PUD, A RESIDENTIAL PLANNED UNIT DEVELOPMENT PURSUANT TO PROVIDISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: jAMF=S j. FIELDS NAPLES, FLO-RI-D-A 24 Cirrus Pointe Partners LLC 516 Commerce Drive, Suite 200 Apopka, Florida, 32703 PREPARED BY: W_I 1 IAM. L. HOOVER AICP uAAVC� DI Tilcs�irCi ANNING 4 DEVELOPMENT, INC. 2796 AIRPORT ROAD N., SUITE 94 . NAPLES, P6ARtBA 341 Ag D. WAYNE ARNOLD, AICP Q GRADY MINOR AND ASSOCIATES P.A. 3800 VIA DEL REY BONITA SPRINGS FLORIDA 34134 and RICHARD D. YOVANOVICH r±nnnl cTrc COLEMAN, YOVANOVICH & jOHNSANKOESTER, P.A. 4001 TAMIAMI TRAIL N., SUITE 300 NAPLES, FLORIDA 34103 DATE FILED Dersam-haer 2,2004 DATE REVISED August 2013 DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER TABLE OF CONTENTS TABLE OF CONTENTS LIST OF EXHIBITS AND TABLES STATEMENT OF COMPLIANCE SECTION I PROPERTY OWNERSHIP AND DESCRIPTION SECTION II PROJECT DEVELOPMENT REQUIREMENTS SECTION III RESIDENTIAL AREAS PLAN SECTION IV PRESERVE AREAS PLAN SECTION V DEVELOPMENT COMMITMENTS ii Words swdek thfeugh are deleted; words underlined are added. Solstice RPUD Revision 2 8 -7 -2013 PAGE 1 3 5 9 13 14 n E.- C E (4 LIST OF EXHIBITS AND TABLES EXHIBIT "A" PUD MASTER PLAN ■ - - , W d Cal . .- TABLE 1 DEVELOPMENT STANDARDS iii Words stmkdwugh are deleted; words underlined are added. Solstice RPUD Revision 2 8 -7 -2013 - MITT ._ r-T.TM m _ _ W.-MIN-1-1-1,11- _ - - - - • •• • Words swdek Offeugh are deleted; words underlined are added. Solstice RPUD Revision 2 8- 7 - -2013 - -- _ - - - - I ETTAn - -- - • •• • Words swdek Offeugh are deleted; words underlined are added. Solstice RPUD Revision 2 8- 7 - -2013 EIIC� Words stmele dvauo are deleted; words underlined are added. Solstice RPUD Revision 2 8- 7 - -2013 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.31 LEGAL DESCRIPTION The subject property being 9.92± acres, is located in Section 14, Township 50 South, Range 25 East and is fully described as, "All of Lot 103 of Naples Groves and Truck Company's Little Farms No. 2, according to the plat thereof, as recorded in Plat Book 1, at Page 27 -A, of the Public Records of Collier County, Florida." 1.32 PROPERTY OWNERSHIP The subject property is owned by StFeet, Suite .. • �11- &Cirrus Pointe Partners LLC, 516 Commerce Drive, Suite 200, ADopka, Florida, 1 1 _ _ ■ Words stet are deleted; words underlined are added. Solstice RPUD Revision 2 8- 7 - -2013 - - - - _ -- - - - - - IM M"Mm F111"] ... MMMAMLIM _ .. Muni *IN I ■ A! RON-0 Mo ■_ Words stmele &Feut are deleted; words underlined are added. Solstice RPUD Revision 2 8- 7 - -2013 SECTION II PROJECT DEVELOPMENT REQUIREMENTS Or ES 5 Words stmt are deleted; words underlined are added. Solstice RPUD Revision 2 8 -7- -2013 4_ rslationships- Or ES 5 Words stmt are deleted; words underlined are added. Solstice RPUD Revision 2 8 -7- -2013 _ 1, - - .. ■ _ - - .. ■ =Moll ■- - - - _ _ M=TM - - Or ES 5 Words stmt are deleted; words underlined are added. Solstice RPUD Revision 2 8 -7- -2013 F1 appliGable -aG eagee 2.41 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USES The maximum of 108 residential dwelling units may be constructed in the total project area. This is based on a gross acreage of 9.92 acres and a maximum of 10.89 dwelling units /per acre�_consistent with the Bayshore/Thomasson Drive Subdistrict of the Future Land Use Element of the Collier County Growth Management Plan. aGFe must be deye!Gped -R ar-,r--e-FdaRGe with an approved AftFdabl- Words stmek dweugh are deleted; words underlined are added. Solstice RPUD Revision 2 8- 7 - -2013 =TVr.TM IM am 37 - - - M. NO - - U- appliGable -aG eagee 2.41 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USES The maximum of 108 residential dwelling units may be constructed in the total project area. This is based on a gross acreage of 9.92 acres and a maximum of 10.89 dwelling units /per acre�_consistent with the Bayshore/Thomasson Drive Subdistrict of the Future Land Use Element of the Collier County Growth Management Plan. aGFe must be deye!Gped -R ar-,r--e-FdaRGe with an approved AftFdabl- Words stmek dweugh are deleted; words underlined are added. Solstice RPUD Revision 2 8- 7 - -2013 ■ ■ ■ MEMM AMMT Or 0,1011,1141 - AN 1111111111 _Z: t - Mot 20 t Words stfuek dwotgt are deleted; words underlined are added. Solstice RPUD Revision 2 8- 7 - -2013 - - - WIN I ■ - - - - - ■ ■ ■ - ■ - ■ - - - ■ - - - ■ - - IMMMMM MEMM AMMT Or 0,1011,1141 - AN 1111111111 _Z: t - Mot 20 t Words stfuek dwotgt are deleted; words underlined are added. Solstice RPUD Revision 2 8- 7 - -2013 E-1 Words stml thmu& are deleted; words underlined are added. Solstice RPUD Revision 2 8- 7 - -2013 3.1 3.2 3.3 SECTION III 0 RESIDENTIAL AREAS PLAN PURPOSE The purpose of this Section is to identify specific development standards for the residential areas as shown on Exhibit "A" RPUD Master Plan. MAXIMUM DWELLING UNITS The maximum of 108 residential dwelling units may be constructed in the total project area. This is based on a gross acreage of 9.92 acres and a maximum of 10.89 dwelling units /per acre, consistent with the Bayshore/Thomasson Drive Subdistrict of the Future Land Use Element of the Collier County Growth Management Plan. PERMITTED USES No building, 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: Multi- family dwellings. 2. Any other principal use which is comparable in nature with the foregoing list of permitted principal uses as determined by the Board of Zoning Appeals ("BZA ") by the process outlined in the Land Development Code (LDC). -- B. Permitted Accessory Uses and Structures: Customary accessory uses and structures including — GaFPGFt ,, garages, gazebos and utility buildings. 2. Recreational uses and facilities including swimming pools, tennis courts, volleyball courts, fishing esks, walking paths, picnic areas, recreation buildings, and basketball /shuffle board courts. 3. Temporary sales trailer and model units. 4. Gatehouse, gatehouses, and access control structures. Words stmek thmigh are deleted; words underlined are added. Solstice RPUD Revision 2 8 -7- -2013 Adhk qP 5. Interim and permanent utility and maintenance facilities necessary to service this RPUD. 6. Signage 3.4 DEVELOPMENT STANDARDS A. Table l sets forth the development standards for land uses within the QFFUS Solstice RPUD. El 40 10 Words stmele dwau t are deleted; words underlined are added. Solstice RPUD Revision 2 8- 7 - -2013 TABLE I RESIDENTIAL DEVELOPMENT STANDARDS STANDARDS MULTI- FAMILY Minimum Lot Area (per unit) NA Minimum Lot Width NA Front Yard Setback (1) 15'(2) Side Yard Setback (1) 1 -Story 7.5' 2 -Story 10' 3 -Story and 4 ftfyOver Parking 11.25' Rear Yard Setback (1) 10' Principal Structure 20' Accessory Structure 10' RPUD Boundary Setback (1 1 -Story and 2 -Story Homes 15' 3 -Story and 4 -Story Homes Accessory Structure Preserve Area Setback Principal Structure Accessory Structure or infrastructure 10' Lake Setback (4) Distance Between Structures Main /Principal 1-Story 15' 2 -Story 20' 3 -Story 22,5' Accessory Structures 10' 25' (3) 10' 25' 20' Maximum Height: Principal Building Zoned 48' -50' or 3 habitable stories over parking not to exceed 50' Actual 60' Accessory Building 4-25' Minimum Floor Area 4&9--950 Sq. Ft. 6aFage4terage -Area (1) Buildings, structures and pavements shall not encroach into required landscaped buffers. (2) The multi - family minimum front -yard setback shall be increased to 23 feet where both perpendicular parking and a 5 -foot wide sidewalk are located within such front yard setback. (3) All buildings with 3 habitable stories shall be set back a minimum of fifty feet from the eastern RPUD boundary . (4) Lake setbacks are measured from the control elevation established for the lake. 8. off Cd` }ree4 D rLinev n 11 Words sfi�� are deleted; words underlined are added. Solstice RPUD Revision 2 8 -7- -2013 • Arm-MME-7 ZAM -TIM MMM� - - - - M. "01-000-6- - - - -TIM MMM� NO _ell Signs shall be peffnitted as deSGObed within SeGfien 6.06.09 of the GgIlie Gounty Land Development Gede, B. Deviations: q* 12 Words stmt are deleted; words underlined are added. Solstice RPUD Revision 2 8- 7 - -2013 Ask Deviation 1 seeks relief from LDC Section 4.05.04.G, Parking Space Requirements, which requires that small -scale recreational amenities within multi - family proiects where a majority of the units are within 300' to provide parking at 25% of the normal parking requirements for recreational facilities, to allow the small scale recreational amenity to provide one parking space for short term drop off/pick -up and one ADA compliant space. 13 0 Words stmt are deleted; words underlined are added. Solstice RPUD Revision 2 8- 7 - -2013 El E 71 "'LA SECTION IV PRESERVE AREAS PLAN 4.1 PURPOSE The purpose of this Section is to identify specific development standards for the Preserve Areas as shown on Exhibit "A" PUD Master Plan. 4.2 PERMITTED USES No building, 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. Passive recreational areas. 2. Hiking, and nature trails, and boardwalks. 3. Water management structures. 4. Native preserves and wildlife sanctuaries. 14 Words stme, are deleted; words underlined are added. Solstice RPUD Revision 2 8- 7 - -2013 SECTION V DEVELOPMENT COMMITMENTS 5.31 RPUD MASTER PLAN A. Exhibit "A ", RPUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed area, tract, lot or land use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as final platting or site development plan approval. Subject to the provisions of Subsection 10.02.13E. of the Collier County Land Development Code, amendments may be made from time to time. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. 5.42 SCHEDULE OF DEVELOPMENT /MONITORING REPORT AND SUNSET PROVISION 15 Words smolt are deleted; words underlined are added. Solstice RPUD Revision 2 8- 7 - -2013 C El� I _ ON .. , - -- - - lot - - - - - -- - - - - - - - - rIv. r- .. 5.31 RPUD MASTER PLAN A. Exhibit "A ", RPUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed area, tract, lot or land use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as final platting or site development plan approval. Subject to the provisions of Subsection 10.02.13E. of the Collier County Land Development Code, amendments may be made from time to time. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. 5.42 SCHEDULE OF DEVELOPMENT /MONITORING REPORT AND SUNSET PROVISION 15 Words smolt are deleted; words underlined are added. Solstice RPUD Revision 2 8- 7 - -2013 C El� I _ ON .. , MIMI - - - - 5.31 RPUD MASTER PLAN A. Exhibit "A ", RPUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed area, tract, lot or land use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as final platting or site development plan approval. Subject to the provisions of Subsection 10.02.13E. of the Collier County Land Development Code, amendments may be made from time to time. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. 5.42 SCHEDULE OF DEVELOPMENT /MONITORING REPORT AND SUNSET PROVISION 15 Words smolt are deleted; words underlined are added. Solstice RPUD Revision 2 8- 7 - -2013 C El� I A. The landowners shall proceed and be governed according to the time limits pursuant to Section 10.02.13D. of the Land Development Code. B. Monitoring Report: An annual monitoring report shall be submitted pursuant to Section 10.02.13F. of the Collier County Land Development Code. Q. One entice thereinafter the Managing Entry) shall be responsible for PUD monitoring until close -out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close -out of the PUD. At the time of this PUD approval, the Managing Entity is Cirrus Pointe Partners LLC. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entitv, but the Managinq_Entity_ shall not be relieved of its responsibility under this Section. When the PUD is closed -out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. 5.63 WATER MANAGEMENT .. it I F . . - 5.63 WATER MANAGEMENT l _ _ D. Lake setbacks from the perimeter of the RPUD may be reduced to twenty - five (25) feet where a six (6) foot high fence or suitable substantial barrier is erected. 5.7-4 UTILITIES A. Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project shall be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 04 -31, as amended, and other applicable County rules and regulations. GB. Although the site is entirely within the Collier County Water /Sewer District, potable water is served by the City of Naples. Even though the site contains a 4 -inch force main, it shall not be used to provide service unless a hydraulic capacity report has been submitted and approved by the County Public Utilities Division. In lieu of connection to the aforementioned 4 -inch force main, connection to either the 12 -inch force main on Bayshore Drive or 12 -inch force main on Thomasson Drive shall be preferred. 5.95 TRAFFIC 17 0 Words sWaelE dweuo are deleted; words underlined are added. Solstice RPUD Revision 2 8 -7- -2013 - - a- _ 17 0 Words sWaelE dweuo are deleted; words underlined are added. Solstice RPUD Revision 2 8 -7- -2013 r M-00 r... ..,. _ . - - -_ - - - . -- - - - MT. moll FORM - .., ._ A. The sole point of ingress /egress to the RPUD shall be onto Thomasson Drive. No access shall be allowed on Bayshore Drive. 0 18 Words stRWE flueuO are deleted; words underlined are added. Solstice RPUD Revision 2 8- 7 - -2013 . - - -_ - - - . -- - - - MT. moll A. The sole point of ingress /egress to the RPUD shall be onto Thomasson Drive. No access shall be allowed on Bayshore Drive. 0 18 Words stRWE flueuO are deleted; words underlined are added. Solstice RPUD Revision 2 8- 7 - -2013 r -- The developer has provided Collier County with a right -of -way easement along a portion of Thomasson Drive for intersection improvements. This conveyance is recorded in Official Records Book 1090 Page 1697. 5.96 PLANNING NRIVOWNFEMEM.I.M.1 z M-11 opplopq NIFF-IMEAMTM. Mm -- The developer has provided Collier County with a right -of -way easement along a portion of Thomasson Drive for intersection improvements. This conveyance is recorded in Official Records Book 1090 Page 1697. 5.96 PLANNING G. The deVel9peF Shall pay W of the GOStS, as deteFFRined by the BaysheFe , developmeat -plan. A. All buildings, lighting, signage, landscaping and visible architectural infrastructure shall be architecturally and aesthetically unified. Said unified architectural theme shall include: a similar architectural design and use of similar materials and colors throughout all of the buildings, signs, and fences /wails to be erected on all of the subject parcels. Landscaping and streetscape materials shall also be similar in design throughout the subiect site. All roofs, except for carports, shall be peaked and finished in tile, metal, or architecturally - designed shingles (such as Timberline). B. A homeowner's association or similar entity will be established and will be responsible for maintenance of common elements. 9 C. The project developer will provide each building with secured vehicular and pedestrian entrances. D. Within seven (7) days of the closina for each unit, the Developer or successors, shall remit $2,962.96 to Collier County. This payment shall fully satisfy the repayment of the former $320,000 grant which was issued for acauisition of the subiect property for development of affordable housing. 5.407 ENVIRONMENTAL 0 20 Words swddE dweWh are deleted; words underlined are added. Solstice RPUD Revision 2 8- 7 - -2013 C7 - mtt �e 0 20 Words swddE dweWh are deleted; words underlined are added. Solstice RPUD Revision 2 8- 7 - -2013 r�n'� ' l - RUN - - - - zwl -r - T. Nam r l A minimum of 25% of the on -site native vegetation must be retained. 7.25± acres of native vegetation exists requiring_ preservation of 1.81± acres of native vegetation. A minimum of 1.81 acres of preserve areas are required to be provided on -site, emphasizing the largest contiguous area possible, as described in Section 3.05.07 of the Land Development Code. E17 of 22 Words srmek #*-eugh are deleted; words underlined are added. Solstice RPUD Revision 2 8- 7 - -2013 CRAIG R WOODWARD B=d Certified W Ew4w MARK). WOODWAIu) Boma C:en;6ed Real LIUW ANTHONY P. PIRES, JR b„aatCcMbc -Ca C:wng; and Local CKWnM71r J CHRISTOPHER LOMBARDO Bond Caa6od ImAnral and Funny Law ELEANOR W. IAri Adnvcoedm Rhode hBar OF Camel WOODWARD, PIRES & LOMBARDO, P.A. ATTORNEYS AT LAW February 10, 2014 Board of County Commissioners Via Hand Delivery & Email Collier County, Florida 3299 Tamiami Trail East, Suite 202 Naples, Florida 34112 Re: Agenda Item 10.13, February 11, 2014 Agenda; La Peninsula Seawall Municipal Services Benefit District (MSBU) ROBERT E. MURRELI Dear Commissioners: Of Counsel As you are aware from my presentation at your meetings of October JENNIFERLDEVRIES 8, 2013 and December 10, 2013 concerning the above referenced MSBU, I JENNIFER M TENNEY have been retained by the La Peninsula Condominium Association Inc., to MATTHEW a FLARES represent it and provide assistance requesting that the Board of County ,. TODD MURREU Commissioners of Collier County adopt an ordinance establishing the MSBU to fund La Peninsula seawall repairs and /or replacement. Since the date of the establishment of the MSBU by Ordinance No. 2013 -70 (the "MSBU Ordinance"), a public petition was filed by a non - resident of La Peninsula requesting that the County Commission reconsider and repeal the MSBU Ordinance and the initial assessment resolution, Resolution No. 2013 -292, that were adopted on December 10, 2013. The reconsideration is scheduled to be heard as Agenda Item 10.13 on February 11, 2014. 1 have been authorized by my client to request that the Board of REPLY TO: County Commissioners not repeal or rescind either Ordinance No. 2013 -70 or Resolution No. 2013 -292 and the following are some of the matters that I x❑ 320 TAMIAMISUIITE 200 will address on my client's behalf at the upcoming County Commission NAPLES, FL 34103 239 meetin g' 9 with the recognition that additional matters and materials may be -649 -6555 239 - 649 -7342 FAX presented at the meeting. 606 BALD EAGLE DRIVE SUITE 500 P.O. BOX ONNE E We respect the recommendation of the County Attorney p �7 that a MARCO ISLAND, FL 34146 validation proceeding should be filed, later on in the process, as to the 239 - 642 -6402 FAX MSBU purpose and financing. Nonetheless, in order to avoid waiting until a later date to initiate and pursue a validation proceeding, my client has Www.WPL LEGAL.�OM authorized me to propose an alternative method for obtaining a "third party " review of the issue that has been raised and asserted. The alternative, less expensive and shorter process or mechanism for having a review of the "public purpose issue" would be for the County Commission to direct the County Attorney to request a formal Attorney General's Opinion. On behalf of my client it is hereby requested that the County Commission direct the County Attorney to request a formal Attorney General's Opinion on the question as to whether the scope of the proposed project, i.e. the repair and or replacement of the seawall at La Peninsula within the boundaries of the MSBU, serves a valid public purpose under Florida law. Further, I have had an opportunity to review the on -line materials associated with this agenda item and concur with the opinions of both the County Attorney and Nabors Giblin & Nickerson that the creation of the MSBU and its purposes are legally supportable and defensible. In addition to the "public purpose" analysis contained in the agenda materials, I would suggest that any analysis relating to the public purpose should also recognize prior action(s) /program(s) of the County Commission authorizing or using tax increment financing (TIF) funds, which are County funds, public funds, to fund a portion of private seawall repairs in the Bayshore Gateway Triangle CRA (see attached "A ", excerpts of materials, Shoreline Stabilization Grant Program) as well as the well stated public purpose rationale articulated by the City of Punta Gonda (see attached "131. Thus it is requested that the Board of County Commissioners not repeal or rescind either Ordinance No. 2013 -70 or Resolution No. 2013- 292, to allow the continued existence of the MSBU and your MSBU Advisory Committee to address this public safety issue. Sincere /0, ly, A r, /1, Opp J � eJr.�i - APP/Ig Enclosure(s) cc w /encl: Jeff Matzkow ATTACHMENT "All Before Monday, February 10, 2014 After http: //bgtcra.com/wp- conte... Page 1 of 1 7:13:47 AM A • : ❑I COMMUNITY Rf Df V[ LOPM1N7 AGENCY Memorandum To: Finance From: Sue Trone (suetrone Acollie _ ov.net / 643 -1115) Date: Re: Payment of Shoreline Stabilization Grant The Bayshore Gateway Triangle CRA Board approved Shoreline Stabilization Grant 01/2008 for Mrs. Mary A. Luedtke for her property located at 2854 Becca Avenue, Naples, FL 34112. The local contact for Mrs. Luedtke is her husband, Mr. Randall Luedtke, who has her power of attorney (attached). The grant was approved on May 27, 2008, item 16GL The total grant amount to be paid is $5,000. Please find the following documents attached for your review: 1. The executed CRA Agreement; 2. Signed and notarized Payment Request Form; 3. Cancelled checks for all payments to contractors for CRA- approved work; and 4. After photos as verification of work completed. Please send Mrs. Luedtke a check for $5,000 to the following address: 2180 Snook Drive Naples, FL 34112 Please deduct the reimbursement funds from Fund 187/138325/884200. Thank you. BGATEWA TRIANGLE Ee David L Jackson Executive Director Jean Jourden Project Manager Sue Trone Operation Analyst 2740 Bayshore Drive, Unit 17 • Naples, Florida 34112 P: (239) 643 -1115 . F: (239) 775 -4456 www.colliercra.com Mrs. Mary A. Luedtke cw► Board Mr. Randy Luedtke Commissioner 6947 Madrid Drive James N. Colette Demotte, Indiana 46310 Commissioner Fred W. Coyle May 30, 2008 Commissioner Donna Fiala Chairman Dear Mrs, and Mr. Luedtke: Commissioner Frar* Hales This letter is being sent to you to notify you that your application for a Shoreline Commissioner Stabilization Grant was approved by the CRA on May 27th, 2008. I am enclosing a Tom Henning copy of the Agreement which specifies the terms of the grant. You may now Advisory commence work. Board Please note that you have been awarded $5,000 based on an estimated cost of Chairman Lindsey Thomas $65,000 to repair your seawall at 2854 Becca Avenue, Naples, Florida 34112. You Wca -chair have one year to complete the work (May 27, 2009) and submit your Project Jul Barry Summary Report Form and Payment Request Form (this requires of all receipts, Karen Beatty cancelled checks, credit card validations to be attached). Ron FovAe Please call me with any questions. Chuck Gunther Maurice Regards, Gutierrez Steve Main William Mears Bruce Preble Sue Trone Operations Analyst cry► staff David L Jackson Executive Director Jean Jourden Project Manager Sue Trone Operation Analyst 2740 Bayshore Drive, Unit 17 • Naples, Florida 34112 P: (239) 643 -1115 . F: (239) 775 -4456 www.colliercra.com mT m 10k1. COPY2008 GRANT AGREEMENT GRANT AGREEMENT BETWEEN CRA AND OWNER FOR SHORELINE STABILIZATION IMPROVEMENT FOR BAYSHORE/GATEWAY TRIANGLE REDEVELOPMENT AREA THIS AGREEMENT ENTERED this 'day of ba 9 by and between the Collier County Community Redevelopment Agen y (hereinafter referred to as "CRA11) and M a ry A. l-ue d l- jL e, (hereinafter referred to as "Owner"). WITNESSETH: WHEREAS, in Collier County Ordinance No. 2002 -38, the Board of County Commissioners delegated authority to the CRA to award and administer CRA grants including contracts with owners for CRA grants; and WHEREAS, CRA Resolution No. 07 -55 established the Shoreline Stabilization Improvement Grant; and WHEREAS, Owner has applied for a Shoreline Stabilization Grant in the amount of 5, 000.0 0 dollars; and WHEREAS, the CRA has determined that Owner meets the eligibility requirements and was approved for a grant award in the amount of S, U o a - ° ° dollars on YVA" "Al , MOW ("CRA Approval "), which is 8 % of the costs to const the shoreline improvements. NOW, THEREFORE, in consideration of the mutual covenants contained herein and other valuable consideration, the parties agree as follows: 1. Owner acknowledges to the CRA that Owner has received a copy of the Collier County Community Shoreline Stabilization Improvement Grant Program (hereinafter referred to as "Grant Program'), that Owner has read the Grant Program, and that Owner has had ample opportunity to discuss the Grant Program with Owner's counsel or advisor. Owner further acknowledges to the CRA that Owner understands and agrees to abide by all of the teams and conditions of the Grant Program. Owner agrees to the terms and conditions of the Grant Program. 2. Owner is the record owner of property described as Zg 6q ??e cca Av a, ""`k RAIAAiZ 3. Owner has agreed to make certain improvements to the property pursuant to the grant application submitted to the CRA dated M aM (o a1r)K attached hereto as Exhibit A and incorporated herein by reference. 4. Owner agrees to complete the construction of the Shoreline Stabilization Improvements within one (1) year of CRA Approval. Owner also agrees to fund at least 50% of the costs of the shoreline improvements. Shoreline Stabilization Grant Agreement FY2008 2008 GRANT AGREEMENT 5. CRA has approved a grant to Owner in the amount of t S 10 0 0 . o o to be administered pursuant to the terms of this Agreement based on an estimated cost of % (A000 , o o _. If the actual costs are less than the estimated costs to constrict the shoreline improvements and less than $5, 000, the grant amount shall be reduced dollar for dollar in matching CRA funds as determined by ratio of matching private funds required. 6. Unless prior disclosure is included in the grant application, no Owner, or any immediate relative of Owner, shall serve as a contractor or subcontractor for the construction of the shoreline improvements and no Owner, or any immediate relative of Owner, shall receive compensation for labor for the construction of the shoreline improvements. An immediate relative of Owner shall include mother, father, brother, sister, aunt, uncle and cousin or family member by marriage to include mother -in -law, father-in-law, brother-in-law and sister -in -law. 7. Owner agrees to obtain all necessary Corps of Engineers, Department of Environmental Protection permits and submit any required plans to the County's Community Development and Environmental Services Division. Upon completion of the work, Owner shall submit to the CRA staff a project summary report, two (2) 8 x 10 after photos, a list of materials and construction techniques used, a list of architects and/or contractors, and any other information specific to the project or requested by the CRA staff. The CRA, tbrough its staff, shall confirm that the shoreline improvements were constructed pursuant to the terms of the application approved by the CRA. 8. Within forty-five (45) days after confirmation that the shoreline improvements were constructed pursuant to the terms of the approved application, Owner shall be issued a check in the amount of the grant. However, if Owner fails to make the improvements pursuant to the terms of the approved application, or if the project is not completed within one (1) year of CRA approval, or if Owner fails to fund at least 50% of the cost of the shoreline improvements, the grant shall be deemed revoked and Owner shall be entitled to no funding. 9. This Agreement shall be governed and construed pursuant to the laws of the State of Florida. 10. This Agreement contains the entire agreement of the pasties and their representatives and agents, and incorporates all prior understandings, whether oral or written. No change, modification or amendment, or any representation, promise or condition, or any waiver, to this Agreement shall be binding unless in writing and signed by a duly authorized officer of the party to be charged. 11. This Agreement is personal to Owner, and may not be assigned or transferred by Owner or to Owner's respective heirs, personal representatives, successors or assigns without the prior written consent of the CRA. Shoreline Stabilization Grant Agreement FY2008 2 2008 GRANT AGREEMENT IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year first written above. -T Z5�?� Vi&esfi Signature s64 r f rz j 05--- Printedf[yWd Name (2) el Witness Si MnftdfI)qWNam Approved as to form and legal sufficiency: OWNER(s By. I - ):2- -IJ-4 , - OU Ramdal J-16nTlj- PL?A h1 ar A. �uE0t6lE Printed/Typed Name By: Printed(I)Ted Name COLLIER COUNTY CONDAUNITY REDEVIETLO AGENCY By: . , �11.ALA., Chairman 4W# 01 FLOR11DA 30umy of COWER $at I HEREBY CERTf7-Y THAT NO Is a ha Ud Xast _ 721. flie In ,dff@ct c0PY Ot a cocument on, MatJoACM. Student-Stirling BoArd Minutes and Reco s of Assistant County Attorney NITNrss my h1knO and 'mod Of WinE, 9ROf(,,K -A. Shoreline Stabilization Grant Agreement FY2009 1" COPY 1641 -2�ZV dg BAYSHORE G'TEW Y TRIANGLE APPLICATION I 01 /2008 Mary A. Luedtke 2854 Becca Avenue Naples, Florida 34112 r? Memo w File From: Sue Trone Date: 05/07/2008 RE: Mary A Luaid&s Power of Attorney hold by Rumbd L I.uedtice This Shoreline Stab7ization Grant is for a property in the name of Mary A. Lueddm Due to a fancily emergency she is unable to sign the documents. Her husband, Mr. Randal J. LuedtIM has her Power of Attorney and has signed the doaunents on her behalf The following two pages verify the Power of Attorney. 2008 GRANT APPLICATION SHORELINE STABILIZATION IMPROVEMENT GRANT PROGRAM General Provisions The Collier County Community Redevelopment Agency (CRA) created the Shoreline Stabilization Improvement Grant Program to provide financial assistance to residential and commercial property owners in the Bayshore(Gateway Triangle Redevelopment Area by offering financial assistance for shoreline stabilization (rip -rap, bulkhead or seawall) improvement projects. Improveenenta must be along one or more tides of the deeded property. All improvements must meet the criteria listed below as well as the current requirements of the land dayelopman code, budding code., construction kapections and permits, any applicable zoning overlays, and permits from US Army Corp of Engineers, Florida Department of Environmental Protection, and Collier County. The CRA is funded by 'Tax Increment Financing ('ice), a capture of Collier County's property taxes above the year 2000 property tax value. TIF is a unique tool that CRAB can use to leverage public finds and to promote private sector activity on the shoreline: • The Grant is a "limited" two (2) year program funded in fiscal years 2008 8t 2009 budgets. All approved applicants will have twelve (12) months to complete their project from the date of Collier County Community Redevelopment Agency approval. • For residential and commercial properties within the project boundary, the CRA will provide up to 50% but not to exceed $5,000.00 of the cost of installation and/ or maintenance of "RIP RAP," bulkheads and seawalls on subject property. The funding awarded will be leveraged by the personal financial contribution made by each applicant/property owner as well as the extent of' . ots to be made. All applications will include two written proposals from qualified coartractors to complete the improvements, and all required permits as required by Corps of Engineers (COB), Department of Environmental Protection (DEP) and Collier County. All proposed work must be approved before beginning any work. Grant funding is not r+etreactive. All work nw.st be eompleied wWWW one yaw of approval by CWA. APPficants are re dmd fo regraeft a meeting with staffPY for to salsnittal of application. All shoreline work to be completed under this program must be: • Reviewed and recommended for approval by the Bayshore Gateway Triangle C&A Local Advisory Board, • Pre - approved by any applicable county departments that would normally review awl improvements, and • Pre - approved by the CRA Board. Eligibility: All property owners with parcels within the projecct area are eligible for grant funds for installation and/or maintenance of "RIP RAP," bulkheads and seawalls. Properties must be within.the Haldeman Creek MSTLT boundary and also within the Rayshore Gate,%-ay TriakWe CRA boundary and abuuir% tidal c,ai,als itu tuding Haldrvuw Creak and its lrlbulmies. See attached project area reap. Excluded areas are lakes, ponds, water retention areas, swales and d—ni—nage. ditches. ShaaeUne Stalftsfion bq mavemmt Grout FY2008 2008 GRANT APPLICATION Project Evaluation: All projects will be evaluated based spa the following: • Possession of two licensed contractor bidslquotes • Possession of required permits (Corps of Engineers, Department of Enviro�nental Protection, and Collier County) • Ability to fund and begin work immediately • Ability to complete project within one year • Remedy of code enfi)rcemcat problems PROCESS Step 1: Applicant must make application to: First make application to the US Army Corp of Engineers for permit. The offices fir this area are US Army Corp of Fagineers, P.O.Box 4970, 701 San Marco Blvd, Jacksonville, FL 32232-0019. Telephone: 904- 232 -2241, Fax 904 -232 -1213. Application is available on line at WNYW.Lisace.arnly. mi it After permit issuance by US Army Corp ofEngineers, applicant will contact the Florida Department of Bnvi Protection and make application for permit. Offices located at: FDEP, South District, 2295 Victoria Avenue, Suite 364, Ft. Myers, FL 33902 -2549. Telephone: 239- 332 -6975. Application is available on line at ww►u.dep. state. ti.us /water /wetlands/eri2 fgrms,l►r ui Upon completion of permitting from US Army Corp of Engineers and Florida Department of Environmental Protection application will be made to the Collier Couaty Permitting Department located at 2800 North Horseshoe Drive, Naples, FL 34104. • Note: Some local contractors will provide all permitting for the contracted job. Additional fees could be applied to original estimate. Consult your contractor Step 2: • Shoreline Improvement Grant Application (all permits must be submitted with application) • Project Initiation and Completion Form • Two 8 x 10 color photos of the cdating shoreline ("before photos) • Sketch of proposed improvanents • Submit two (2) wrritten estimatedquotes from qualified/licensed contractors 2008 GRANT APPLICATION Step 3: CRA Staff and Advisory Board Review • CRA staff reviews application and then places the application on agenda of next Advisory Board meeting • Advisory Board checks project to make sure it meets all grant criteria and Redevelopment Plan criteria • Applicant is required to be present at the Advisory Board meeting to answer any questions that may arise during the review or to provide additional material if requested • If project meets all criteria, the Advisory Board maloes a recommendation to CPA to approve the application • Grant fiunding is limited to a one-time application per parcel Step 4: CRA Review and Approval • CRA staff prepares Shoreline Stabilization Improvement Grant Agreement for the CRA to review and approve • Applicant signs Shoreline Stabilization Improvement Grant Agreement • Application with Advisory Board recommendation and agreement placed on CRA aagenda for review and approval • CRA reviews Advisory Board recommendation and art dining regular meeting and approves or denies project Step 6: Project work • Applicant begins work and completes same in twelve (12) months Step 7: Project Completion and Submittal of Project Summary Report • Upon completion of work and after all inspections have been completed to insure work conforms to the wort that was proposed, applicant admits. o Project Summary Report," including description of completed improvements, two 8X10 color "after" photos, contractor invoices, lint of materials and construction techniques used, list of contractors and any additional information specific to the project. • Notarized ` Tayment Request Form" and all materials receipts and/or canceled checks as proof that all materials and contracted improvements have been paid Step 8: CRA Staff Submits Project Completion Report for Payment • CRA Staff visits site and documents improvements. • CRA Staff ft wards Complexion Report and documents to County for payment. Shordine Simon Impr wanait Grant FY2008 2008 GRANT APPLICATION SHORELINE STABILIZATION IIVIPROVEMENT GRANT APPLICATION Section 1: Applicant Information r7- 7 *Wk A ft� Legal Description of Site: �i o'• ola $ '�4�b 4 0 a �O 2yywer e Daytime Phone: L2M ) &q$ - 3 � Ahernate Phone: E-Mail Address: How tong have you owned this propeW a y e0,XS Number of Years in Business at Site Address: Occupational License Number: First Time Shoreline Stabilization Improvement Grant Applicant? Yes ONO If no, how many applications submitted? Grant(s) awarded? Yea F� No ,310 Mwzd a SWbUiz dw hgxovement Grant FY2009 4 Page 1 of 1 Property Record Aerial Sketcha� Current Ownerehlp Folio 14ml 26630200006 1 P Addremal MU BECCA AVE 0WOW1102 LUEDTKE MARY A 6647 MADRID DR DEMOTTE 81011111 IN 46310 - 2411 DEMERE LANDING LOTS 6 t 7 8111) No. 264100 DEMERE LANDING 1 SINGLE FAMILY RESIDEIfiIAL 111 14.1874 2007 Preliminary Tax Roll U t st Sales Histiory (Subject to Change) If all Vskm shown below equal 0 this parcel was srsabd after Ow Final Tax Roll Dais Book - POW Aaramt 0612006 $ M.000.00 0612000 $ 130 00 The Inlbrn atlon Is Updated Weakly. http://www.coUierWpw'w.com/Rw=dDetail.asp?Map=&FolioB>-O 029830200006 9/4/2007 Collier County Property Appraiser VM-SZE SMALL I VEU.UM I LARGE Introduction Layers 0 Legend Print Help FeedBack Page 1 of 1 Aerial Photography: January Urban - 2007 - Rural - 2007 Page Rerreahea at WrAW 10:2&09 AM Aed za sale OF httv:Il maps. collierappraiser. com /webmav/Map2.aspx?msize= S&folio= 29830200006 9/4/2007 2008 GRANT APPLICATION Section 2: Project Information ATTACH "BEFORE" PSOZW AT LEAST Two 8MO cam PHows, Omw mAY BE ADDED 70ACICURlTLPLYDE CRW TRESITE). Outline Proposed Improvements in Detail (attach additional sheets if necessary): List Materials to be Used and Construction Methods to be Utilized (i.e. Slope, type of rock, underlayment, bulkhead type, etc) (attach additional sheets if neogmy): 664, VA ) Yi.,. 7 .; C-rn, ;6 C!�.4� ti Uhl Vs dio sill "k A f, 1,311 ok kff,, It IV. as E. pr �71 NI jl I&A Aim wo f m m m pki 2008 GRANT APPLICATION Section 3: Project Cost Information Estimated Project Cost: • ALL WORK TO BE COMPLETED BYA LICENSED CONTRACTOR • APPLIG 47IONMUSTBAVBATLBASTTWO(2) WW77ENESTIMATBSOR QUOTBSATTACl9BD TO TSBAPPLIG4TYON • COPMOFFLORi]DNCOLLLgRCOUN77CONTRAC7VRSLICZWMAND COLLIER COUNTYOCCUPAT7ONAL LICENSE MUST BEATTACZM TiO ESTIAIATBS/QUOM Estimated Requested Rom CRA S 9/ 600 1 0 0 (up to 5066 of the total project cost (bulkheads, seaws4 rip rap, installation and/or repairs onlyl Up tR, but not exceeding $5,000.) COPIES OF ALL RACMI B AMYOR CULBD COW WILL BS RBQUEM LMV PROJECT COMPIMON AS PROOF THAT ALL lMMUAL4 AND CONTRACTED IMPROYBjW= BAYS BBBN PAIR NO RSIMBURSBMB f WILL BB MADE BY TBN CRA CWM ALL RECEIPTS ANDIOR CANCELED CR FMHAVBBBBNRBCEIVBDAND VARU MD. YoRCRAUn ONLY Total Estimated Project Cost: 0 65;1000"00 Request from CRA: W �;,( D 0 0. 6 0 $7 Percentage of Total: 7- rim.) Dee Dtft s /F /a $' 3h=Hw SWNIkWm Tmptovema t QM FY2M 6 2008 GRANT APPLICATION PROJECT INITIATION AND COMPLETION FORM (to be snbmifed with Shoreline Stabilization Improvement Grant Applicadon) I, m oa +. Cued+ , owner of the property looted at A%W 'Hzzc# -AUf UA4asTU bave the fimding and capability necessary to begin the shoreline improvements listed under Section 2 of the completed Shoreline Stabilization Improvement Grant application and have the ability to complete all improvemrois within one year of the approval of the Shoreline Stabilization Improvement Grant by the Collier County Community Redevelopment Agency. Signature of Owner NOTARY STATE OF: �D COUNTY OF: _p ► PLA RM The foregoing Owner Authorization F as maded before me this rP day of 200 by d4kg owner of the property located who: is personally known by me OR 3sp 0 who has produced t� L i0 ado C I as proof of identity. Afi'nc notary seal xoTi�nr @)=PU,r #DD501305 B:pfim DBC. 21, 2009 Da ffioercetazcsamMCa.nec SLorMM Sfa W1 zatiM Impivem=t Gad FY2008 A J--,w C, Wfaiy Public ignatun�e) Print Name f�Notary Public Commission No: My Commission expires: M=YL=d 2834 Seas S. Naples, Pi 235-3 -3707 D. S. L General Contractors, Inc., T/A Dock Savers TIA Dockswas 1417 S$ 47th Ter. Cape Coral, FL 33904 Phone: 239 -1676 ftc 239x42 -803 License * CGC1311928 &91* all mntoftb for the wooing s�aAw TO INCLUDE RENOVAL OFEWTI iG SEAWAiL AND DW. 1. Ind ell 47 c smwall wft IV x 5'x 6' cmcrele slabs. To imdudw All labor sod mdukk W install seeaxtl. Cop and ddx dw slog 4000 psi conpats mod epmW oomted mbar. @Ilidih - od W hrs tho jobd%ibrb*ckMlnSmod umft, >-�if . LIFT ri am- 1. > repisoa exietag li$. 2. Inimll (4I w p9hw Alt pii'mp to be (2 5cW psmsam treated piliAW 3. Wrap pflinp with S blade polywagL b WlWad with 1 V2" STAMBSB STWL Dada. i DOCK: �, X 30' TO INCA WE: 1. Install 8" npeu ~ sa mended fbr new dock 2. Install 2" 80(60com) ram& awn psmmm a ttuetod hashing and abiaSas. MOW] with 20D Id1>O and ill" t bolts. 3. Imba r x6"iaugW ilwWog wltt 3" STAINl= SPIIBI. ms+ews. 4. Cons mcW a mom dl debrla f ompupuly and main ain a cbaa wodcdie. s, I ci inwraaoe supplied upon m pat. (091.dtfl) 6. D wid pol ell sod pep►13Dr ari neoeagty pens>its. 7. Cmtamer pay all sad en�iaeednS ifeem and a� Deeded s work 8. All and my Idectried and Pmibing lobe done by art bwL HOLD cx AIm Owner spur bold boob , . harmim for may damage to swimming pw. mdogound nfidM apriddeu mod Daelhsti = apes W we doe dilipum to all snout of work pwftn ed. I owbosping sod ropiaoemma m rucnaia ampowl f11t► of the omw. DID 000 Seawall peals �be poomM to =&mL IP wrk is eaaooWed 000te= to bdn is &fhcu t ogoiptnahI topameWddl! t4m mdc ibr apqWftmftlwsn sdd'dnd $MAO perhow. VERS WILL BEAT OR MATCH ANY COMPETITORS PRICE D. S. Y. General Contractors, Inc., T/A Dock Savers T/A Docbu= 1417 3E 47th Ter. Cape Coral, FL 33904 Phone: 239.898.1676 Fax: 239.542.6803 Llama 4 COC1911928 b tY laiea9oe 1834 Do= A S. Naples, PI 139 -398 -3707 PAYMENT sS,000.00 With contra 1/3 0= hat8e 113 am@ panels hmtelb& Balance upon ogmpledm TOTAL . ......... I ............... .. .............. .. ... ...... ... �...... ........__...........S65.D00.04 1?/-Wfj VERB WILL BEAT OR MATCH ANY COMPETITORS PRICE o v � N r .Ct I D. S. L General Contractors, Inc., T/A Dock Savers T/A Dodmwm 1417 SH 47th Tec. Cape Coral, PL 33904 Phone: 339 -898 -1676 Flee 239- 342.6803 License d CGC1Si1928 TROPOSAL Ran kdt+ Liu"kt� 2854 SO= Ave S..Vt aplu, Bl i 239-3M3707 Suppl3+an andmaterWa for the ftsltowbW SKAWt U VKXAMB RBWVAL opmas3'm SEAWALL AND INSTALL NSW. 1. lydsall 4 of saaa►ali ndg ;10' x s' x 6' oamckete Babe. To twJu le: All labor and n@tmrida to install seapiall. Cap and tiebacks =I ng 4,000 pal cmw to and epoxy coated reW. Fill dirt la►nled to the Jabdte for ba"Mug and grading. Rip-ft tf mquhW. LIFT Alm Pum a& 1. Removo and mpiaoe ex bft mL 2. Taman (M TO" lift piliam AJl piliGp to be (2.saca) pcewun wmdW pe'liogs. 3. W. pilings with S bladk poly wrap, Inetalkd �ehh 1 IR" STAINLESS 3TBSI. DOCK: 9 X 30' TO INQ.UDE., 1. 412OK02" paliop as ne8dadibt ww doCL 2. G60og1 rough man paaadne tkrated headers and sbriopm IndaD with ls and 1R" arrays bola. 3. '7amyda(e" dec kigg with 3" STAII UZU STEEL, somwa. 4. rown aU ddwh bom omperly and aadasin a ciao wo�ite. 3. pe &Vm of insurance supplied neon rsgaat(tIl.6tM 6. ll pull dl andpay ix all neaem q pemdts, 7. y ail and any mgineeri g *w and wV needed smv�ey wank. & ctrled sad pbmbbog to be done by others, HOLD CLAUSE: Owner agoras hold DadWoeks hamdlm Rx may dsomp to pw. uadergtowW wMtia, VdDMM I p6f ft and replacement to rennin lo use des of dw doe in all arms d nark petftaded rapo�ilib of tLe owns: SCOMPIDelmobopounMiDahmL If rock is awouMcmd ao l i d, to bring is diet up*nmt iim psopsc haft Exam adMood $395.00 per boor. VER4 WILL BEAT OR MATE ANY COMPETITORS PRICE D. S. L. General Contractors, Inc., TIA Dock Savers T/A Dooimam 1417 BE 47th Ter. Cape Coral, FL 33904 Phanec 239-06 -1676 FM 239-304803 Lioeaae 6 CGMS11928 PROPOSAL 2834 So= Ave. S N"kk m 239. 398-3707 PAYMENT BQHMN]Lg; S5.000,00 wh6 signed o caa 1/3 ovm bwp arrim 113 once panelr mb ImMiled. Balsnoe Va oampledcm, "AVERS WILL BEAT OR MATCH ANY COMPETITORS PRICE i CA anon -1 w -- 2008 GRANT APPLICATION PAYMENT REQUEST FORM (PROJECT COSTS) / (Attach all receipts, invoices and/or cancelled checks) On 5 ! ° jam 0 ° the Collier County Community Redevelopment Agency approved a portion of the following improveaaents (50% of the total up to $5,000) to be fimded ftough the Shoreline Stabilization Im vement Chant Pro Improvement Cost WKS7000-00 Total �a o , Id COPIES OFALL RBCSIPTSAAMR C9NCURD CSEC&S WILL BE REQUIRED UPON PROJECT COMPLIMONASPROOFTHATALL MATBRULSAADD CO1yT UCMD AWROVBIIMM HAVE BBBNPAML NORSAIBUBSBMBNT WILL BBMADBBYTHE CX4 UNTIL COPIBSOFCBRTIFIClTB OF 0CCVPANCYHASBMWSUBM17M I hereby confam that all items listed above have been completed as per the Shoreline Stabilization Improvement Chant application submitted to the CRA and authorized by the Tbarefore, I am requesting the approved funding in the total amount of $ , , 0 d d `-' 0 as approved by the CRA. The foregoing Payment Request Form was executed before me this O day of C. 2009 by owner of the property located at / Z who: is personally known by me OR who has produced as proof of identity. Affix notary seal FJMV PMC41TATS (W FLOW Garda *C=04x0DD%1= &ph= DEC. 21, 2009 W==VMLMWB nMwco.= I 1rAw,:zRWA;*ZA1ri lNw Print Name of Notary Public Commission No: My Commission expires: Owndim Stabilizstim Improvement Groat FY2008 9 2008 GRANT APPLICATION PROJECT SUMMARY REPORT FORM (Submit after project completion) ATTACS "Amm" PHoms (INmmm AT LsA&T TWO 8X10 COLOR PHoT og 07ZW S MAY RE ADDED TO ACCURAMY DESCRIBE 27M SHORELINE List MaterWs and Construction Metkode used, espedally if unique medxmb were necessary to preserve or enhance some aspects of the improved site (attach additional sheets if necessary►): , Contact Information for Contractors Involved to Provide Proper Credit Provide any other important information specific to the project. All projects will be listed in the annual project report of the CRA so details and noteworthy information about the project is very critical. ', ' Owner Signature Date shoreline SWnTmadm b*mvenmW GrW FY2W8 8 ri �:.jUNTY ITEM NO.: 0 4k of V ,}M: FILE NO.. ROUTED TO: G 9-1 /v ` ? D Q [ I- 7 DO NOT WRITE ABOVE THIS SPACE (Orig. 9)89; Rev. 6/97) REQUEST FOR LEGAL SERVICES (Please type or print) Date: 05/07/2008 To: Office of the County Attorney, Attn: M. Student-Stirling From: Sue Trone Operations Analyst (Nam) (Title) CRA Bayshore Gateway (Division) (Department) Telephone # (Ve a Important): 643-1115 Re: Shoreline Stabilization Grant application for Mary A. Luedtke for her property at 2854 Becca Avenue. (Subject) BACKGROUND OF REQUEST/PROBLEM: (Describe problem and give background information - be specific concise, and arij qlLate., This Shoreline Stabilization Grant (SSG) is for a property in the name of Mary A. Luedike. She was unable to come here to sign off on the documents due to an on -going family emergency In Indiana; therefore, her husband, Randal J. Luedtke POAfor her. Mr. Luedike has Power of Attorney for Mrs. Mary Luedtke and I am enclosing the documentation of the (Are there documents or other Information needed to review this matter? 7ryes, attach and reference this information.) This item has/has not been previously submitted. A (If previously submitted provide County Attorney's Office I& No.) ,� ACTION REQUESTED: �� J (Be very specific. Identify exactly what you need in the way of legal services.) 1 need to get this into Nom by MAY 15, 2008. I want to get this on the May 27 agenda. Please review and sign the agreement. Call me when ready and I will pick it up. OTHER COMMENTS: Thank you. cc: David Jackson (AD requests must be copied to your appropriate Division Head or Constitutional Officer.) `alQ(v8 -�jl 1wu Agenda Item No. 1664 February 24, 2009 Page 1 of 16 EXECUTIVE SUMMARY To approve and execute Shoreline Stabilization Grant Agreement(s) between the Collier County Community Redevelopment Agency and a Grant AppHcant(s) within the Bayshore Gateway Triangle Community Redevelopment area. (2772 Riverview Drive) OBJECTIVE: To approve and execute a Shoreline Stabilization Grant Agreement(s) between the Collier County Community Redevelopment Agency (CRA) and a Grant Applicant(s) within the Bayshore Gateway Triangle Community Redevelopment area (2772 Riverview Drive). CONSIDERATIONS• Annually, the Community Redevelopment Agency's Shoreline Stabilization Grant Program is funded at a level that satisfies existing grant obligations from prior fiscal years and future grant opportunities. The purpose of the grant program is to provide an incentive to revitalize the area by providing a matching grant to encourage the private sector to upgrade/rehabilitate the shoreline of waterfront property. The grant requires applicants to provide a project cost-match of at least 50% with the remaining project dollars supported by Tax Increment dollars generated from the CRA District For FY 09, a total of $320,000 is budgeted for all grant programs. From this allocation, $302,500 is available for new projects and $17,500 is committed and due to previously approved applicants upon satisfaction of all grant stipulations. The Shoreline Stabilization Grant application submitted by William C. King, owner of the property at 2772 Riverview Drive, Naples Florida, 34112 was recommended for approval by the Bayshore/Gateway Triangle Community Redevelopment Local Advisory Board. LEGAL CONSIDERATIONS: This item has boon reviewed by the County Attorney Office and is sufficient for Board consideration and approval. This item is not quasi-judicial and therefore no ex parte disclosure is required. This item requires a simple majority vote. (MMSS) FISCAL IMPACT: Sufficient budget exists within the FY 09 Bayshore Gateway Triangle Fund (187) to satisfy this new grant application A Shoreline Stabilization Grant may fund up to 50% of the applicant's project cost up to a ceiling of $5,000. This shoreline stabilization project totals $28,405.00 and the grant request is $5,000 which is 17% of the estimated project cost GROWTH MANAGEMENT IWACT: Policy 4.7 of the Future Land Use Element of the Growth Management Plan states that redevelopment plans may be developed for specific areas within the County, inchiding the Bayshore Gateway Triangle CRA that may consider alternative land use plans, modifications to development standards, improvements to infrastructure and incentives to encourage redevelopment. RECOMMENDATION: That the CRA Board approves and authorizes for execution the Shoreline Stabilization Grant Agreement between the Community Redevelopment Agency and William C. King, owner of the property at 2772 Riverview Drive, Naples Florida, 34112 in the amount of $5,000.00. h epw W d by- Sue Trone on February 10, 2009 Operations Analyst, Bayshore/Gateway Triangle Community Redevelopment Agency - 1 - Agenda Item No. 1605 February 24, 2008 Page 1 of 14 EXECUTIVE SUMMARY To approve and execute Shoreline Stabilization Grant Agreement(s) between the Collier County Community Redevelopment Agency and a Grant Applicant(s) within the Bayshore Gateway Triangle Community Redevelopment area. (2736 Riverview Drive) OBJECTIVE: To approve and execute a Shoreline Stabilization Grant Agreement(s) between the Collier County Community Redevelopment Agency (CRA) and a Grant Applicant(s) within the Bayshore Gateway Triangle Community Redevelopment area (2736 Riverview Drive). CONSIDERATIONS: Annually, the Community Redevelopment Agency's Shoreline Stabilization Grant Program is funded at a level that satisfies existing grant obligations from prior fiscal years and future grant opportunities. The purpose of the grant program is to provide an incentive to revitalize the area by providing a matching grant to encourage the private sector to upgmde/rehabilitate the shoreline of waterfront property. The grant requires applicants to provide a project cost-match of at least 50% with the remaining project dollars supported by Tax Increment dollars generated from the CRA District. For FY 09, a total of $320,000 is budgeted for all grant programs. From this allocation, $302,500 is available for new projects and $17,500 is committed and due to previously approved applicants upon satisfaction of all grant stipulations. The Shoreline Stabilization Grant application submitted by William C. King, owner of the property at 2736 Riverview Drive, Naples Florida, 34112 was recommended for approval by the Bayshore/Gateway Triangle Community Redevelopment Local Advisory Board. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney Office and is sufficient for Board consideration and approval. This item is not quasi-judicial and therefore no ex parte disclosure is required. This item requires a simple majority vote. (MMSS) FISCAL EWPACT: Sufficient budget exists within the FY 09 Bayshore Gateway Triangle Fund (187) to satisfy this new grant application. A Shoreline Stabilization Grant may fund up to 50% of the applicant's project cost up to a ceiling of $5, 000. This shoreline stabilization project totals $28,470.00 and the grant request is $5,000 which is 17% of the estimated project cost. GROWTH MANAGEMENT DIPACT: Policy 4.7 of the Future Land Use Element of the Growth Management Plan states that redevelopment plans may be developed for specific areas within the County, including the Bayshore Gateway Triangle CRA that may consider alternative land use plans, modifications to development standards, improvements to infrastructure and incentives to encourage redevelopment. RECOMMENDATION: That the CRA Board approves and authorizes for execution the Shoreline Stabilization Grant Agreement between the Community Redevelopment Agency and William C. King, owner of the property at 2736 Riverview Drive, Naples Florida, 34112 in the amount of $5,000.00. Prepared by. Sue Trone on February 10, 2009 Operations Analyst, Bayshore/Gateway Triangle Community Redevelopment Agency -1- ORDINANCE NO. 0& 61 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO 2002 -38, AS AMENDED, THE COLLIER COUNTY REDEVELOPMENT GRANT PROGRAM ORDINANCE, PROVIDING FOR: ESTABLISHMENT BY ORDINANCE OF A MODIFIED SWEAT EQUITY GRANT PROGRAM; ESTABLISHMENT BY ORDINANCE OF A MODIFIED _ SHORELINE STABILIZATION GRANT PROGRAM; PROVIDING FOR THE ESTABLISHMENT OF THE NEWLY CREATED LANDSCAPE IMPROVEMENT GRANT PROGRAM; PROVIDING FOR THE ESTABLISHMENT OF THE NEWLY CREATED COMMERCIAL BUILDING IMPROVEMENT GRANT PROGRAM; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on March 14, 2000, the Hoard of County Commissioners (BCC) adopted Resolution No. 2000 -83 creating the Community Redevelopment Agency of Collier County, Florida (CRA); and WHEREAS, on March 14, 2000, the BCC adopted Resolution No. 2000 -82, which established and described the Bayshore/Gateway Triangle Community Redevelopment ArmApd the Immokelee Community Redevelopment Area; and WHEREAS, on June 13, 2000, the BCC adopted Ordinance No. 2000 -42 estaNishing:ibe Redevelopment That Fund which appropriated "incremental tax revenues" for minnitaiity ' 2 redevelopment purposes; and WHEREAS, on June 13, 2000, the BCC aPproved Resolution No. 2000 -181 adopting a Community Redevelopment Plan for the "Community Redevelopment Area," which included the Words AdMilmd are added; Words Wmak dweugh are deleted. Page 1 of 6 Bayshore/Gateway Triangle Community Redevelopment Area and the Immokalee Community Redevelopment Area; and WHEREAS, on July 30, 2002, the BCC adopted Ordinance No. 2002 -38, the "Collier County Redevelopment Grant Program Ordinance" creating a Site Improvement Grant aid Impact Fee Assistance Chant for the Bayshore/Gateway Triangle Community Redevelopment Area; and WHEREAS, on March 13, 2007, the CRA approved Resolution No. 2007 -55 creating the Shoreline Stabilization Improvement Grant Program and Sweat Equity Improvement Grant Program as amendments to the Site Improvement Grant Program originally established by Ordinance No. 2002 -38; and WHEREAS, the Bayshore/Gateway Triangle CRA desires to establish a modified Sweat Equity Improvement Grant Program for the Bayshore/Gateway Triangle Community Redevelopment Area by ordinance; and WHEREAS, the Bayshore/Gateway Triangle CRA desires to establish a modified Shoreline Stabilization Grant Program for the BayshoWGateway Triangle Community Redevelopment Area by ordinance; and WHEREAS, the Bayshore/Gateway Triangle CRA desires to encourage local area water conservation and to discourage landscaping with invasive pest plants within its CRA boundaries by creating the Landscape Improvement Grant Program to provide financial and technical assistance for residential landscape improvements and general area beautification; and WHEREAS, the Bayshore/Gateway Triangle CRA recognizes that representatives of businesses located within its CRA boundaries have expressed interest in improving commercial buildings but the cost of such improvements have prevented them from doing so, and as an Words undadjumd are added; Words s6rak dwev& are deleted. Page 2 of 6 incentive to commercial redevelopment desires to create a Commercial Building Improvement Grant; and WHEREAS, upon request of the Bayshore/Gateway Triangle CRA, the BCC desires to amend Ordinance No. 2002 -38, as amended, in order to re-establish by ordinance the Sweat Equity Improvement Grant Program and the Shoreline Stabilization Grant Program and to establish a Landscape Improvement Grant Program and Commercial Building Improvement Grant Program within the Bayshore/Gatnmy Triangle Community Redevelopment Area using a portion of the funds in the Redevelopment Trust Fund. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY CO1VIIvIISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Tick and Citation. This Ordinance shall be known and cited as the "Collier County Redevelopment Grant Program Ordinance ". SECTION TWO: Annual Appropriation. The Board of County C shall annually, during its budget process, allocate funding for grant programs from the Redevelopment Trust Fund for the community a clopnient area. The Board of County Commissions, in its discretion, may adjust the amount allocated for grant programs at any time during its fiscal year. SECTION THREE: Adoption of Site Improvement Grant sad Impact Fee Anistsace Grant Programs. The Site Improvement Grant and Impact Fee Assistance Grant programs are hereby adopted. A copy of said programs are annexed to this ordinance and adopted and made a part of Words underlined are added; Words wwk doom& are deleted. Page 3 of 6 1n..!yInL.11'_f i'3•!•S /' �•�SL /1i11:iv:�- ._._><-__.�. . 1,i y '.' T 777 __ s, u /�_.} .1 ♦1 I , , 11 I�,r ,!.il �ii !�! i�/ ,is ,, �1 1�l �_PC, LI 1/ • .I.rt 1! I I i 1 i L VA, 77: : !, i. 77-j I! .1 11 {��. .: 1�� .: 1 •1 ; 1,. a :._ .,:�r • n {11'.!1:_.1 � 1 i tii�!,_ �!. �;! _ 1 .!!!•ILI it e!. wi/,'J 1' 11_ 11 ft -f, II 1 1 1 ft 1 1. BmbomWvabww Trimde C-manafty Rmdrvdo�t Ai: _ f !0 nc 9 1 - r is I =- lull "n. t —,, I !, B sy wkTp xaW rf! --.L-. f an ' - Cr, 1!..!!.._1k !!.-?! ; 17] 7-7i,. :,• 177. M 1 I 17 -- o '11: 11 1 I.ai.71 1 11 1� _II_. M:I r� 11 I!{I L.111� -t1 15:11 1lL /I •Jt•_r.! le /. .� �.!�� S_ _1:1 :S'. J: �_'. it . • � ..1 Y1 . 1 11. 11.i/ �J i' 11 �_!l�. : / I r '. }:� al - r1 :�J �ZS:_ 11 ' I JS __I/ 11 -� • :_�!�•I�i�. -� ') ^'r 11 1�� I I!1- • i. 7 , _ _, i_I i l ft .i. � 7i'!._._ '1�...1.._'_. &MRZLvjqMM r._! I.i'� for 1. BxvsborvlGatoway T1_._ i ' _— '!_ li 1n..!yInL.11'_f i'3•!•S /' �•�SL /1i11:iv:�- ._._><-__.�. . AIL'_..!. -!l~ i.: .M M. 0 W-7 .tnA. i 777 J!.- ..i! n -7 1 _a . �_:' a! . SECTION P0 EIGHT: Adoption of the Facade Grant Program for the Immokalse Co unity Redevelopmoat Area. The Facade Chant Program for the Immokslee Community Redevelopment Area is hereby adopted. A copy of said program is annexed to this ordinance and adopted and made a part of this ordinance by reference. This Facade Grant Program may be amended by resolution of the SECTION FM =: Admiaistntba by CRA. The Board of County Commissioners delegates the administration of the grant programs to the CRA including, but not limited to, selection of recipients, contracting with owners and contract enforcement. The CRA shall approve all applicants for funding after the Board of County Commissioners allocates grant program funding for each fiscal year. The recipients of any grant funds shall be required to execute an agreement in a form approved by the County Attomey's Office for legal sufficiency and approved by the CRA. SECTION SM Ul: Couffid and Severability. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a Words wdsdind are added; words sou k dwevo are deicted. Page 5 of 6 separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION S9VM ELEVEN : Inclusion in the Code of Lmvs and Ordismees. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida The sections of the Ordinances may be renumbered or re- lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION WG1fR Vim: Effective Date. This Ordinance shall take effect upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this #71 day of D dy 110- M. ATTEST: D I & BROCK, Clerk .. •4% t as � ,' bites Clerk $ txti;;- ' A.9 Approved as to form and legal sufficiency: Mm4c& Student- Stirling t Assistant County Attorney BOARD OF COUNTY CONMIISSIONERS COLLIER COUNTY, FLORIDA This oodkwnce filtd with th's Vtory of St Offitti!1 dw of ...,..�J and «knowte+d4�yr�^,w of that Hli Wed,DLid�D dvY of tll0utf Words are added; Words skmak &me* are deleted. Page 6 of 6 EXHIBIT B L Shoreline Stabilization Grant Program The Shoreline Stabilization Grant (SSG) Program is a redevelopment initiative funded and administered by the Bayshore Gateway Triangle Community Redevelopment Agency (CRA) as partial reimbuasemerrt for installation or repair for shoreline stabilization improvements such as rip -rap, bulkheads, or seawalls. Overview of the Program The CRA encourages everyone with property located on Haldeman Creek to nuuntain a stabilized shoreline, slowing the rate of sedimentation in the canals. Owners and tenants of residential and commercial properties along Haldeman Creek within CRA boundaries are eligible to receive SSG funding for shoreline improvements. The SSG Program fiords only installation of or repair to rip- rap, bulkheads, or seawalls. Grantees are required to contribute a minimum of 50 percent of project costs with a maximum award of $5,000. Grantees have twelve months from the date of CRA approval to complete shoreline improvements. All improvements must be approved by the CRA before grantees commence improvements—no funding will be awarded for work commenced prior to CRA approval. Funds are disbursed after the completed improvements are approved by CRA staff as reirrrbursement. Applkaat MWbift Owners and tenants of residential and commercial properties on Haldeman Cn & may apply for SSG fimdmg. Properties (" property" is defined by parcel ID number through Collier County Property Appraiser) receiving SSG finding for improvements are eligible for only one award for the life of the program. Bids for Work Grantees must obtain a minimum of two cost estimates from contractors listed in the Collier County database of actively licensed marine seawall and dock construction contractors which can be found online at bgp;it os2 .co11iagW.net/webaousMsion/Con Cert/default.asttx. Bids from contractors not listed in this database will not be accepted for the SSG program. No funding will be awarded for "do-it yourself' improvements or to subcontractors. The amount of the grant will be determined by the lowest bidding contractor for each improvement though grantees may actually use any licensed contractor from the database. Permitting Most contractors handle permit applications and the CRA strongly encourages grantees to give careful consideration with regard to permitting. Applicants who wish to procure permits on their own must fast apply through the US Army Corps of Engineers at P.O. Box 4970, 701 San Marco Boulevard, Jacksonville, Florida 32232. Applications are available online at www.uswe.A=.mil. MI& Afar obtaining the appropriate permit above, applicants must apply for a permit through the Florida Department of Environmental Protection: FDEP South District, 2295 Victoria Avenue, Suite 364, Fort Myers, Florida 33902. Applications are available online at www.deo.state.tl.ua /water /wetlsnds/eroJforms.htm. Upon receiving the above two permits, applicants must apply for a permit from the Collier County Permitting Department at 2800 North Horseshoe Drive, Naples, Florida 34104. Project Requirements E ft%k Acdvides Only the bstallation of or repair to rip -nap, bulkheads, or seawalls is eligible for SSG funding under this program. No portion of SSG grants may be used to reimburse the grantee for construction of or repair to docks or other related amenities. Grantees who wish to oor�rerct improvements not funded through this program are encouraged to inquire about other grant programs offered by the CRA. Required Does Matioa for Rehabur sovat Grant funds are disbursed afar CRA staff verify that the improvements are complete (this includes review of necessary permits). To receive reimbursement, grantees must prove that payment for the work was paid DIRECTLY to ACTIVELY LICENSED CONTRACTORS LISTED IN THE ABOVE DATABASE by personal check or credit card in the name of the grantee. Under no circumstance will payment to subcontractors or unlicensed contractors be reimbursed. Grantees must provide receipts or invoices with the payment amount clearly indicated clearly along with cancelled checks and/or credit card validations. No reimbursement will be disbursed for work paid for with cash. Change Orders and Time Extensions Change Orden to Increase Funding Afar the SSG agreement is executed, if a grantee discovers previously undiscovered flaws in the shoreline a change order may be issued to increase funding not to exceed the maximum award available. Change orders must be requested in time for staff to process the request and secure approval. IMPORTANT: Change orders carmot be processed within the last two weeks of the grant period. Time Exteaskm The CRA understands that redevelopment projects can take more time to complete than is originally anticipated. For grantees who cannot complete their projects within one year, time extensions may be granted. Grantees needing extensions must request the within two months of grant expiration. No extensions can be granted within the last two weeks of the grant period. EWMRTANT: Grantees must verify that some activities associated with the improvements have been performed at least six months afar execution of the agreement- 2 ATTACHMENT WHY ARE SEAWALLS IMPORTANT? Seawalls perform multiple functions, all of which are important to property owners and to the City of Punta Gorda. The most important function is to protect private property from loss of land mass into the water due to erosion from drainage and wave action. Seawalls also serve navigational purposes by maintaining the proper water depth in a canal system. Another function is the seawall delineates the boundary between private property (the owner's land) and public property (the water which covers sovereign lands of a government entity). The seawall also is used to define the width of a waterway for dock and boat permitting. A properly maintained seawall will contribute to the stability of neighboring properties, provide structural support to roads and bridges and add to the value of the property. 7 .� ¥2 2 » \.. . w <y.......4k*\ � m ^ « ƒ§ .� y \ Now i r � � r� w 4 la am 125.01 Powers and duties. — (1) The legislative and governing body of a county shall have the power to carry on county government. To the extent not inconsistent with general or special law, this power includes, but is not restricted to, the power to: (q) Establish, and subsequently merge or abolish those created hereunder, municipal service taxing or benefit units for any part or all of the unincorporated area of the county, within which may be provided fire protection; law enforcement; beach erosion control; recreation service and facilities; water; alternative water supplies, including, but not limited to, reclaimed water and water from aquifer storage and recovery and desalination systems; streets; sidewalks; street lighting; garbage and trash collection and disposal; waste and sewage collection and disposal; drainage; transportation; indigent health care services; mental health care services; and other essential facilities and municipal services from funds derived from service charges. special assessments, or taxes within such unit only. Subject to the consent by ordinance of the governing body of the affected municipality given either annually or for a term of years, the boundaries of a municipal service taxing or benefit unit may include all or part of the boundaries of a municipality. If ad valorem taxes are levied to provide essential facilities and municipal services within the unit, the millage levied on any parcel of property for municipal purposes by all municipal service taxing units and the municipality may not exceed 10 mills. This paragraph authorizes all counties to levy additional taxes, within the limits fixed for municipal purposes, within such municipal service taxing units under the authority of the second sentence of s. 9(b), Art. VII of the State Constitution. (w) Perform any other acts not inconsistent with law, which acts are in the common interest of the people of the county, and exercise all powers and privileges not specifically prohibited by law. 170.01 Authority for providing improvements and levying and collecting special assessments against property benefited.— (1) Any municipality of this state may, by its governing authority: (f) Provide for the construction or reconstruction of seawalls; 197.3631 Non -ad valorem assessments; general provisions.— Non -ad valorem assessments as defined in s. 197.3632 may be collected pursuant to the method provided for in ss. 197.3632 and 197.3635. Non -ad valorem assessments may also be collected pursuant to any alternative method which is authorized by law, but such alternative method shall not require the tax collector or property appraiser to perform those services as provided for in ss. 197.3632 and 197.3635. However, a property appraiser or tax collector may contract with a local government to supply information and services necessary for any such alternative method. Section 197.3632 is additional authority for local governments to impose and collect non -ad valorem assessments supplemental to the home rule powers pursuant to ss. 125.01 and 166.021 and chapter 170, or any other law. Any county operating under a charter adopted pursuant to s. 11, Art. VIII of the Constitution of 1885, as amended, as referred to in s. 6(e), Art. VIII of the Constitution of 1968, as amended, may use any method authorized by law for imposing and collecting non -ad valorem assessments. I--,-�vn From: McKennaJack Sent: Monday, May 06, 2013 2:38 PM i3CL To: Dick Van Deelen Cc: Mike Pierpaoli; Dennis Nelson; Robert Gerard Gerard; Bob White; Eric Loth; Bob Wilcox; DeGramThomas; LetourneauJeffrey Subject: RE: Seawall Having read the reports and had several conversations with Code Enforcement inspectors as well as the Building Official, I have no reason to believe there to be eminent danger of the wall collapsing. As far as I can tell, you have had at least 4 firms look at the wall, all providing somewhat different (but none inappropriate) information. As we have discussed, and is clear, the wall is in need of repair and sooner is better than later as the cost will most likely rise as deterioration,continues. It seems to me that you are approaching this in a good and logical fashion. 56CA Jack McKenna P.E. County Engineer Growth Management Division (239) 252 -2911 - - - -- Original Message---- - From: Dick Van Deelen [mailto:vandeer02Qcomcast.net] Sent: Monday, May 06, 2013 1:57 PM To: McKennalack Cc: Mike Pierpaoli; Dennis Nelson; Robert Gerard Gerard; Dick Van Deelen; Bob White; Eric Loth; Bob Wilcox Subject: Seawall Mr McKenna, Persuant to our telephone conversation this afternoon, on behalf of the LaPeninsula Master Board I am asking for confirmation that neither Code Enforcement or any other county department has found any reason or evidence to believe that there is any imminent safety issue having to do with our seawall. You have been made aware that we are proceeding with Forge Engineering for mostly geotechnical testing and along with Turrell, Hall are now favoring a remedy for the wall largely using riprap. We are awaiting notice from the county that you are supportive of our direction. Thank you. Dick Van Deelen, President LaPeninsula Master Board TURRELL, HALL & ASSOCIATES, INC. MARINE & ENVIRONMENTAL CONSULTING 3584 Exchange Avenue, Suite B • Naples, Florida 34104 -3732 • (239) 643 -0166 • Fax (239) 643 -6632 December 22, 2011 Jim Kabcenell, Aircraft Investment LLC C/O George H. Hermanson, P.E. Senior Vice President/Principal Hole Montes, Inc. 950 Encore Way Naples, FL 34110 RE: SEAWALL ASSESSMENT, REPORT REVIEW AND RECOMMENDATIONS FOR LA PENINSULA, ISLES OF CAPRI Dear Mr. Kabcenell, Turrell, Hall and Associates recently reviewed seawall assessments by Coastal Engineering Consultants, dated August 6, 2010 and Turrell, Hall & Associates, Inc. by Mr. Rocky Scofield dated April 17, 2009. After reviewing the previous assessments, our staff conducted a site visit to analyze the condition of the seawall and compare our results to previous recommendations. We concur with the previous seawall analysis and most of the recommendations in both reports, however we have identified alternative construction methods that can save money in areas and phase the work over time. Our recommendations have been overlaid on an exhibit outlining the approximate areas for each condominium building. Seawall Recommendations: • From station 0 +00 to 0 +50 (Tract A) — Figure 1 • Remove existing rock along face of the seawall. • Add filter fabric in front of the seawall and along bottom, underneath where the rock armor will be set. • Replace the removed rock and add additional rock to entomb the seawall. This will support the entire wall with riprap. This creates habitat for aquatic life, reduces wave energy and is a value engineered approach to replacing an existing seawall. • We recommend installing riprap retaining piles within 1Oft of the seawall if DEP will not permit the riprap to protrude to the proper distance to entomb the wall. • Previous recommendations suggest replacing this portion of seawall with steel sheet Piling. Seawall Assessment, Recommendations and Budget Estimates La Peninsula December 2011 Page 2 of 9 Figure 1: Entomb seawall from 0 +00 to 0 +50 From station 0 +50 to 5 +23 (Twin Dolphins /Condominium Parcel 800 & 900) — Figure 2 o In areas where the depth of Capri Pass is to deep to obtain proper riprap slope we recommend installing new steel sheet panels or steel I -beams along the base of the existing boulders. o The panels or I -beams should be spaced to prohibit boulders migrating seaward. o Install filter fabric in front of the seawall face and along bottom. o Place rock armor along seawall to entomb the seawall. o By entombing the seawall with riprap it eliminates the need for a new seawall in this area. o The seawall in this area is adequate if future bottom scouring does not occur. The recommendations above are for a long terrn solution and an alternative to replacing the seawall. o Previous recommendations suggest replacing this portion of seawall with steel sheet Piling. Figure 2. Entomb seawall from 0 +50 to 5 +23 Seawall Assessment, Recommendations and Budget Estimates La Peninsula December 2011 Page 3 of 9 From station 5 +23 to 8 +00 (Twin Dolphins and Adjacent Retention Pond) — Figure 3 o Remove the existing rock in sections (to not compromise wall integrity) and install filter fabric from the seawall cap and replace the rock. o Install new steel sheet panels or steel I -beams along the base of the existing boulders. o The panels or I -beams should be spaced to prohibit boulders migrating seaward. o Refurbish rock where a 2 to 1 slope is not present. o By entombing the seawall with riprap it elinnates the need for a new seawall in this area. o Previous recommendations suggest replacing this portion of seawall with steel sheet Piling. Figure 3: Entomb seawall from 5 +23 to 8 +00 From station 8 +00 to 12 +10 (Condominium Parcel 600 & 500) --- Figure 4 o Install new steel sheet panels or steel I -beams along the base of the existing boulders. o The panels or I -beams should be spaced to prohibit boulders migrating seaward. o Add additional rock to elevate the revetment to the top of the seawall cap. o Repair the seawall cap, this can be accomplished by chipping away the concrete where bleeding is present and patching /sealing the areas with the proper epoxy. o Previous recommendations suggest replacing this portion of seawall with steel sheet piling. We reconnintennd that a properly engineered seawall should be installed as a second line of defense landward of the existing wall (if repair budget allows). Note: Although the rock acquired from the construction of the new Lowes on US -41 and Collier Blvd was placed on top of the existing rock, the slope and majority of rock size is not adequate for direct waves from the Gulf of Mexico. Properly sized rock and slopes will stabilize the revetment and entombing the seawall eliminates the need to install a new wall. Seawall Assessment, Recommendations and Budget Estimates La Peninsula December 2011 Page 4 of 9 Figure 4: Install rip rap retaining piles and entomb seawall from 8 +00 to 12 +10 From station 12 +10 to 25 +40 -- Figure 5 o Install steel sheet pile panels with a new cap landward of the existing concrete seawall. o Previous recon uzendations suggest replacing this portion of seawall tivith steel sheet Piling. Note: The depth of the water in Big Marco River is too deep to allow the seawall to be entombed with rip rap and to allow docks. The existing concrete seawall panels are not long enough for the depths of the river, therefore a new seawall must be constructed behind the existing one. Figure S: Install new steel seawall from 12 +10 to 25 +40 Seawall Assessment, Recommendations and Budget Estimates La Peninsula December 2011 Page S of 9 • Upland walking path o We do not recommend using any concrete matting as suggested by previous reports. Regular maintenance with the small 3 /a" drainage rock should continue to maintain a stable walkway. Seawall and Riprap Construction Phasing; While completing all portions of the seawall stabilization at the same time will minimize the mobilization costs for the project, it may be more feasible to stretch the project out in phases. Our proposed phasing plan is shown below and is described on the following pages to help spread out the costs. Figure 6: Phasing plan Seawall Assessment, Recommendations and Budget Estimates La Peninsula December 2011 Page 6of9 • Phase I (Condominium Parcels 500 & 600) — Install riprap retaining piles as suggested in the recommendations. The 27ft shown below is the protrusion distance our firm permitted, for La Peninsula, before Isles of Capri had been placed within the Aquatic Preserve. Figure 8 shows a depiction of our recommendations for Phase H. Figure 7: Phase II cross section • Phase II (Condominium Parcels 100, 200, 300, 400 & 500) — Install new seawall behind the existing concrete seawall as suggested in the recommendations. Figure 9 shows a depiction of our recommendations for Phase 111. OLD SEAWALL CAP IS REMOVED TO FORM AND POUR THE NEW CAP GRAVEL INSTALLED BETWEEN NEW AND OLD WALL EXISTING RIPRAP ;... RIPRAP THAT HAS FALLEN INTO CHANNEL Figure 8: Phase III cross section Seawall Assessment, Recommendations and Budget Estimates La Peninsula December 2011 Page 7 of 9 Phase HI (Tract A, Twin Dolphins & Adjacent Retention Pond) - Entomb the seawall with new filter fabric and rock armor as suggested in the recommendations. The riprap retaining piles will only be used in deeper areas where future scouring is a concern.. If the DEP will not permit the riprap to protrude further than 10 ft. from the seawall than we suggest using the retaining piles along the entire northern shoreline. This will allow the entire seawall to be entombed eliminating the need to install a new wall. Figure 7 shows a depiction of our recommendations for Phase I. Yearly monitoring of the water depth in front of the seawall is recommended to track any future scouring, this will determine the timefiame of when the repair is required. Figure 9: Phase I cross section While the construction can be phased, all of the surveying, engineering and permitting should be completed at the same time. Being prepared with the proper drawings and documents will ensure a timely bid process for construction or in the event of a seawall failure. We recommend yearly seawall assessments to monitor the condition of the wail. Although the wall is currently stable, the structural integrity is difficult to estimate. If a sever storm event were to hit the southwestern coast of Florida, the aged seawall is susceptible to failure. In addition to the seawall and riprap work we recommend the following: Rebuild the docks during Phase III construction to provide adequate access for constructing the seawall. Building the docks within their existing footprint will help reducing the time required for permitting. Replace the upland rock stabilizing the berm of the 600 building. Larger rock is needed to absorb wave energy from waves that crest over the seawall. Install an upland knee wall faced with rip rap to help protect the storm water retention pond between Twin Dolphins and the 600 building. We can provide consulting prices and construction estimates for this additional work if requested. Seawall Assessment, Recommendations and Budget Estimates La Peninsula December 2011 Page 8 of 9 Permitting, Engineering and Consti action Budget Estimates: Please find below our recommendations to permit, engineer and create bid documents for the seawall stabilization/replacement. La Peninsula Budget Estimates Phase # Description THA Budget Es 1 Updated bathymetry survey, will be used to establis $287,665 Survey current rock quantities to calculate the amount of $7,500 3 riprap required for construction. $437,310 Permitting Permit the new seawall, riprap retaining plies and $26,000 Total with 5% Contin enc riprap with state, federal and local agencies. $4,252,474 Conduct core borings (50ft deep) around project sit Core Borings to be used for engineering the seawall and riprap $6,000 retaining piles. Construction Drawing-, Detailed drawings including structural engineering. $115,000 Bid Documents Bid documents so the project and be quickly bid to $11,000 area contractors in the event of a seawall failure. Solicit bids from area contractors and recommend Bid Process which contractor to secure for the construction $4,500 (based off of price and relevant experience). Construction Oversigh Daily site visits during construction to ensure the and Compliance every portion of the project is built to specifications $50,000 and permits. (Based on 25 weeks of construction) Total $220,000 rabie 1: Permit and engineering budget reconmiendations The above prices are based on doing the project in one phase. If the project is phased over time the bid documents, bid process and oversight will cost more than what is estimated above. We recommend allocating the following amounts, shown below in Table 2, for construction. La Peninsula Budget Estimates Phase # Descri tion THA Budget Est. 1 Rip rap taining piles, epoxy and seal cap and entomb wall $287,665 2 Install new seawall $3,325,000 3 Rip rap retallning piles and entomb wall $437,310 Total 1 $4,049,975 Total with 5% Contin enc $4,252,474 Table 2: Construction budget reconunendations These prices do not include moving or replacing any utilities or docks. Portions of the docks may need to be removed to provide adequate access for installing the new seawall along the Big Marco River. Seawall Assessment, Recommendations and Budget Estimates La Peninsula December 2011 Page 9 of 9 Comparison between THA and Previous Reports and Recommendations: Our report outlines a value engineered approach to reinforcing the seawall rather than replace it as suggested by other sums. This will save La Peninsula money in the areas where entombing the existing wall is feasible. We reviewed the previous seawall replacement price estimates and feel the costs are not adequate. We have used pricing gathered from previous projects to establish a more realistic budget and have included a 5% contingency to allow for any future price fluctuation in the cost of steel. Below are two tables comparing our recommendations to previous recommendations (Table 3) and construction budgets (Table 4) from the recommendations. La Peninsula Seawall Recommendations Phase # THA Recommendation Previous Recommendation Phase 1 Rip rap retaining piles and entomb wall New seawall Phase 2 Install new steel seawall New seawall and concrete armor mat Phase 3 Rip rap retaining piles and entomb wall New seawall Upland Pathway Continue small gravel maintenance Armor mat pathw a Table 3: Comparison between seawall recommendations La Peninsula Seawall Bud et Comparisons Phase # THA Budget Est. Previous Budget Est. 1 $287,665 $615,000 2 $3,325,000 $2,839,000 3 $437,310 $990,000 Upland Path Continue Maint. $105,000 Total $4,049,975 $4,549,000 Total w/ Cont.1 $4,252,474 N/A Table 4: Comparison between budget estimates If you have any questions regarding this report please contact Todd Turrell, Joshua Maxwell, Butch Morgan or Rocky Scofield at our office. Regards, Joshua W. Maxwell, E.I.T. No COASTAL ENGINEERING CONSULTANTS INC. A CECI GROUP COMPANY August 6, 2010 Mr, Robert Comedato General Manager R & P property Management 265 Airport Road South Naples, Florida 34104 QF-Gj 0 Service Civlt Eagineertnp Planning Services Survey & Mapping Coastat Engineering t=nvironmenta[ Services Website, Wtivw.coasta[engineer[ng.cont Via email; rcomeriaW*''p- prop.com. Re: 1.a Pe)sb aids Condomiaium Seawall Assessment CIEC No. 09.093 Dear Robert: We are pleased to submit this lettae mport from the Inspeotion observations of tits concrete seawall and Aiprap protecting the condominium association property at the southeoamost point of isle of Capri. The iuspecdoxt was completed on Sane 24, 2010_ Thepurpose ofttds report is to assess the condition, to ostimate the remaining serviea life, and to evaluate altematives for maintenance. A total of 2,540 feet of seawall was included in this inspg0fion from the north propexty line at Tract A to the east side along the Mexeo Inver. The seawall was visually inspected above and b elowwater. Observations were conducted by an inspection tonm consisting of a proksslonal enginrer and a toelmioian. Utilities were not tested or Inspected; however, observa0ons were reported on apparent deficiencies during the inspection. A horizontal stationing system was establishad along the wall to facilitate the location of observed inspeoted conditions. This stationing originates at tbs north property line. Attachment A includes a drawing depicting this stationing and two drawings depleting typical cross seedon% Specific deficiencies on the scavrZ are tabulated in .Attachme,10 3. Photographs ace included as A,ttaolmaent C to depict the reported conditions. General inspection observations are described below. BACKGROUM Reportedly constructed in 1969 by Garland and Glerland, ;ino., the seawall is an anchored concrete retaining wall consisting of 6 -inch thick by 6 -foot wide by 14 -foot long, precast tongue and groove reinforced concrete paaels with a cast-in-place concrete oap bow. The NO mr. AobartComedato August 6,2010 Paget of seawall anchoriuZ consists of steel bars (tie rods) embedded in the cap beam that extend perpeadioular from ft cap beam landward to buried concrote aachez blocks (deadmea) at some distance b ehind the seawall. Spacing on the tie rods was not verlt%d. The tie rods and dvadmen were not accessible for inspection. Al Garland, who built the original seawall, reported the river depths along tho well at tine time of construction were 3 to 4 feet. Several repairs to tho Association's seawall have ooeurrcd since the property was developed In the mad 19801'x, however details we not available on earlier dates_ The most recent repair inoluded replacement of a segment of wall between Station 0+20 aad Station 5 +23. This work was reportedly conducted by Noplos Dook and Madne around 2001 and consisted of xemovaUreplacement of the original seawall, including new tiebacks, and increasing the wall elevation by one foot. Other worlr observed included installation of ripxap along the rase of the wall between Station 4 +27 to Station 25+40. Riiprap installation bas occurred several times at the same locations, as the rooks have been displaced or have settled. Multiple modifications have been performed on the cap beam occurring at different periods. It appears the entire original cap beam has beeA replaced. In an attempt to rcdueo overtopping, an overlay -was eonshueted between Stations 5+25 and 25+40. The overlay tblokness ,varies from 12 to 18 inches ldgh. The cap beano overlay was constructed after 2001. Between Station 7+00 and Statlon 25 +40 a replacement cap and replacement tiebacks were consttmoted on tho original pawls. The d ato of this work is unknown, The replacement cap is 2 feattall and encapsuiatesthe added tiebacks terminated wish a nut and a•4 inch by 4 inch by 2-£0 of long steel angle plate. Thoplate was installed through the lmol3oints immediately beneath ib8 original cap beam on the seaward slde of The panels. The old nap was then removed and a xeplacement cap was formed to eneapsulatethe tieback temninal hardware. IISPEG°i ON01351✓RVATIONS Concrete Seawaly Station 0+90 to Station 545 At Station 0 +00, um the norft property line, approximately fhe first 20 feet of seawall egnslsts of-the original seawall parcels. The exposed portions oftho panels were observed to be. an poor condition exhibiting horizontal cracks with rust bleed out. The top 18 fnollw of the panels has bean repaired by extending rho cast-fix-place cap beam. Extensive oracldng was observed onthe top surface ofthe cap beam. The seawall panels between Stations MO and 5 +25 appeased in good condition. Exposed conoreto sufacos above and below water were firm when sounded with an, luspoction hammer. No significant defects were found on iho panels. Panels wets installed out of plumb starting at Station 3 +00. As construction progressed, the angle of installation became moxe severe. At Station 5 +25 coAmete was poured in the triangular shaped gap between rite out of plumb panels and the oxasting panels, photo 7 in Attaobment C shows th is filled gap. Mhkobut C.amorieto August 6, 2010 Paga3 of A, jet probe was used to loonte and measure the bottom of the seawall panel. One probe was conducted at Station 0+54, Penetration of the panel below the channel bottom was determined to be 4.8 feet, A measurement from the top of the cap bean. to the channel bottom was observed to be 9.5 feel. The total length of the wall at this locatioa was measured to be 14.3 feet. The water depth at Station 0-50 was measured at 5.5 fleet. The water depth at Station 3+50 was measared as 6,8 feet leaving only 3.5 feet of panel penetration, Rvidence iodloatingthe channel bottom has scoured was observed, Concrete spilled from the casting of the cap beam, duting original conshuotfoo, adhered to tho panel at Station 3+75. The concrete formed to the shape of the existing eltarunel bottom at the tinge of construction. Observations made daring this inspection found the concrete adhered to the pan.al forming a shelf appxoximtely 18 incites above the current channel bottom, Tbis indicates the channel bottom bas experienced sigaitieant scour since the time o €construction. Joints between panels have been sealed vrith grout from the underside of ft cap beam to 2 feet below mean low water (MM). Below #his elevation there axe three locations whac-e open joints were observed allowing sediment to washout from babind the wam. Evidence indioates this section of wail bas rotated seaward at the top, potentially indicating problems with the tiebacks, The cap beam is net sttai& Photos 5 and 6 in Attachment C depict bows and associated eraol6ng of the nap, Backs indicative of stressed concrete appear in the bowed areas. C mlm are not of urdformwidth, indlcating deflection of the nap. Con crele Seawrrl4 Maliort 5 +25 fo Station 12 +10 The radius at the sonth est eoxmr of the property forms in this section of the The age of this section of wall is not known, The panels appear to ba of a different vintage than the panels along theriver. A 12 -inch thick overlay was cmatxucted on top of-the original cap beam. The overlay is not stmotural and is not believed to be tired into the original cap beam. The purpose of this overlay was to xaise the seawall elevation to reduce overtopping from extreme high fides, storm surge and waves. Small stones and gmvol have been placed immediately behind the cap beam. Storm waves breaking on the seawall, overtop the cap overlay and wash out tho sod mid landscaping. Reportedly, during the past winter, waves overtopped the wall and displaced the gravel and stones, pushing the gravel into the lmdsooping and stacking it against the adjacent building. Water from the overtopping waves is allowed to flow from behind the wall back to the Aver through catch baslw conducted to small outfall pipos peActrating the seawall panels. ldoftoleneies in the overlay ate notrclevant to the seawall conditioxa Tbexe were nnwterous open cracks and rust bleed outs observed, but these do not laepaetthe "Otion ot_ the seawall. The defects are aestftefie and do rot affectthe functionality of'tlae overlay nor the seawall. W. Robed Commisto August 6, 2910 Page 4 of 9 Strong currents and storm waves have scoured tbo cdm of bottom in £rant of flue seawall along this seollon of wa]I alloy og the toe of tba wallto kick seaward Tbo riprep placed In front of the wall compensates for the lost seed and the rIgrap may reduce scour at the base of the wall. A. large quantity of riprap has been placed in front of this section. of wall with no evidence of underlying filter cloth. The size of the rockpiaced in front Of the wail in this area is as imated to average 3 feet in diameter. The rock observed was not tightly placed or chinked. Many large rocks could be moved by band and -wore displaced ftom the wall lying on the channel bottom. Rooks were placed at an elevation even with the top of-the cap beano between Stations 8 +00 and 11 +25. Along this section, xeclos bave settled an average of 2 feet and between Stations 8+80 and 10+00 have settled veitivalty approximately 4 to 6 feet Wave action and current washing around the rooks has contributed to the sottlbg of the rocks. Because ofthepresence of riprep, no jetprobes were conducted to daterndne the embedment of the seawall panels into the channel bottom. Visual observations and measurements through the riprap Indicate die channel bottom was 9.5 to 10.5 feet below the original cap beam. As shown in the cross section of Sta6ou 12+00 included in Attachment A„ the penetration ofthe panels in this section of wall is less than 5 feet. 1 Begi dng at Station 6 +00, the parade throughout this section mekicked out at the toe. This would indicate the inadequate penetration of the panels. It was root apparent if the hall movement ocomred prior to or after (or both) pfacemont of the llmestono riprap. Tire seawall panels between. Stations 5 +25 and 12 +10 appeared in fair to poor condition. Exposed concrete suzfaow above and below wales were soft up to It2 inaIx deep whoa. sounded with au inspection hammer. The riprap in front of the wail bindered accessibility to inspect the panels. Where panels were visible, eight panels exhibited open %wjw. The widths of the oracks r=god ;atom 1/32 inch to 114 inch At Station 9+82 the 1/4 innh vertical crook in the center of the paaol is aligned with a expansion joint in the c%p. Tire cap has shifted 1/2 inch and the panel is broken along the plane of the creels. A construction joint iii the cap beam at Station 7+76 bas shifted horizontally 4 to 5 inches. The joint was placed dircotly above a joint between seawall panels. The panels have also abdited 4 to 5 inches, allowlogf ll frombehind the wall to washtbroughAw gap. Seawall panel constiuotion changes at Station 12 +10. The adjadent panels are not seated and an open gap 2 Inches wide was observed. The panels to the east were oast with a dff=nf: conorote mix and app ear older. A section of steel sheet pile was driven in front of the gap to prevent f 0 1 from washing out from behind the wall. A storm wateroutfahi pipe was Wssing aualuniinnrn flap at Station 63`75. IN Mr. Robert CoidMrito Augm6, 2010 Yaps of9 Conorele &ajwX Slriftan D +10 to .S rwImc 2,5+40 The seawall panda botwcea Stations 12 +10 and 25444 appow d in poor conditim. Exposed eoncrate sudaces above end below waW exhibited advance saWe attaato The delledoration has 4Muted tho assent matrix and the coarse aggregate, eroding the audaca of the panels an avemgo of 112 inch deep. At some locations, the parcels are deteriorated tap to 1 inch deep- '11m deftioration ofibe panels extends from.tiro cap beam down to 2 teat below@&LVj. A, j et pivbo was used to locate and measure the bottom of 6o seawall panel. One probe was coadtustotl at Station 20+10. Penoft- don of the panal 'below the ohannsl bottom was dcm rmimd to be 4.8 Feet A measurement from the top of the cap bem oveday to the channel bottom was obscrrad to be 11.2 feet Thetotal Icagth of the wall at We Wati= was mers orcd to ba 16.0 fact. The water depth at Station 03.50 was measured to *be 6.5 feet. The water depth at Station 23 +00 was mcaemed to be 9.2 feet loaving lees than 3 feet of panel pencration off slwwn in the cross section of Slation234-00 included in Attachment A. The drawmg oftho crass socdonat Station 23+00 also dc*ts the serious sr oint condition of the river bottom. Waiwz dcpft have scoured to none 30 feat within 30 feat of the wall. The ripxap placed in trout of the vrali provides some, eoavonsation for trio lost sand and flit leak may induce scour at the base of the waA. Iwio evidence of underlying Oar clout was obsormd undor this largo quantity of rtptap placed in front ofthis aeoftn of Wall. The size Of the rook placed IM f=t In this area is estimetod to avorsge 3 feet in diameter. The Yonic observed was xaot tightly placed or ohinkal. Mangy large rooks oould bo moved by bond and who observed displaced from the wall lying on the cbam¢el bottomo. Nunn Brous rocks plWecl along the too of the wall wets observed at rite the ofthe elope an the ehAnnel bottom Between Station 22 +10 and Station 23-1 -50, a vertical Settioment of the eatize sea4v011 sticltcWm. vas observed. The, sottiomont can bo detmted bya 0.7 foot dip intbc csp beam end overlay near the midpoint of the sootion of wall. SeePhoto 25 in Attachment C. A largo spaii caused by the erosion of poor qualk eomvto is too tnxiexalde of the Cap beam was observed. The sp& is TO feet long extending f ra Station 21 +98 to Station 22-x68. The shall has exposed rite reinforcing stool and the terminal on& of the tierods. Steel exposed by tho spoil is heavily cok7aded. locoing the seawall, it Britt sikcll of coxtoaete along the loll ,er edgo of the cap hmm masks the seveulty of the span from view. Photos 20 through 24 lu Attachment C show the typical conditiout. Opeu joi nt3 wlt6 gaps up to 2 inches and a boxizwatat shift batweatc seawall panels omided at two locations, $$tenon 12+10 and Station 20+93. Awe, horizontal shift indicatc movement of1ho wall reauhing ffam inadequate psaotradw issues pAox to roplaoomeut of the oap. Two other opwidW locations wero found With prof up to 2 inches. Shalt and fill was obsorved washing oarfrotn behind rile seawall at all four looatiow. Numoxons panel. ]ointa exhiiksted stseall spWr, increasing the dw of the gaps and permittlag tiveut more sediment to wash: out from behind the wall. Mr. Robot ComedRto August 6, 2010 1'W6oP9 Open cracks up to' /. Inch wide running diagonally and horizontally were observed in 13 panels. Several crack locations were. bleeding rust indicating corrosion of the xel farclug steel. These cracks were tocated from immediately below the cap beam to WW. Within We same section of wall, tits toes of this panels were observed to be ideked seaward. FACUM ASSTs.SS1VMM While the seawall, panels in the section of wall replaced in 200L (Sta 0+20 to Sta 5+23) are in good oondiflon, the minimal penetration 3s a signitieant issue The deficieneies noted in the cep beam indicate the wall has moved. piecing riprnp in front of the wall may hr3p stabilize it temporarily, but will uotprovide apmnanentsoiution. Sealing the joints between the seawall panels prevents the oqualization of the hydroststle pressure ftom behind tine wall. While the joints at�a aot completely scaled to the ch M01 bottom, over 75 pment of the exposed lengths of flit joints are sealed. Restriction of joints to allow drainage from the backside of the wall may inareaso tits late ►'al premures and result In extended durations of saturated soil. Cracking and bowing of the cap beam indicate the wall has moved. Given the inntimal ., penetration and noting the potential fbr the channel bottom to continue to scour, W)* of this section of wall may not be practical. The concrete seawall protecting the property from Station 5-+23 to 25+40 is in fair to poor condition and is macbing tho end of its usoful life. Scotions of the wail where the panel toss haveldcR edwaterward indicate inadcgmte penetration depth of the panels. Further scour of the channel bottoavill decrease tho wall's stability. Scadons o£fho wall notating waterward at the top indicate failure of-the debark system The most serious condition observed during this inspection was located near the east property line..A.I50 -toot section of wall ceuterod at Station23•+ W bas settled vedioo y as aresuit ofthe severe scour condition of the adjacent river bottom. O"ly about 3 feet of the seawall panel is believed to be penetrating the obsnuel bottom at tbls location. While about 7 feet of riprap was placed along the face of the wall, it does not provide the same protection as the equivalent depth of sand, This condition is depicted in the drawing fur Attachment A. If the scour of the chwmel bottom continues the risk o €the seawall Mlingisbigb. The entim length of wall is currently functioning as designed. However, the spalling and cracking in the cap beany as woll as the sulfate atffiok and orackimg itt the panels allows moisttaro and salt to penetrate the concrete Into the reheo icing steel. As the steel coxwdes Wd expands, the concrete will continue to omok and spall. This wall has reached a polat where the deterioradon rate will continue to accelerate exponentially. rupain to tho wall at this stage of deteriorationsfenot oostefieetive and vhJ1 provide minimal extenalon ofthe service life.. 1 1 W. Robert Comeriato August G, 2010 Pogo 1 of 9 Major factors in the seawall repair cost arc the design depth of the existing panels and the rook present that would impede the installation of the new panels, Panels installed at this property have inadequate length relative to the present depth of the channel. This is evident by the panels kicked out watexward at the toe of the wall. Horizontal cracking indicates the piles are being stressed by the lateral forces from the soils they arc retaining. We recommend increasing the design parameters of the wall to esoecd the existing wall, speoiiloally, the penetration depth and the capacity ofthe wallpauels. RECOMMENDATIONS SeWWI replaesment This structure was constructed 41 years ago, and is nearing the end of its design, life. Complicating the situation is the fact that the channel bottom adjar -cat to the, wall has significantly scoured. The large quantity of riprap placed in front of the wAR bas helped stabilize the wall. However, the channel has continued to scour. It is recommended that the seawall be replaced within the next four years. The cost to replace the existing conamto wall will vary depending onthe type of material used and the t;eoteohnioal conditions encountered. 1 Based on our 3mowledge of the site, our exp6rience with concrete panels or steel sheet piling seawall alternatives and the associated costs, we have concluded the steel sheet piling alternative would serve as the most offeaiive construction material for this project. Comparisons of the materials considered for this projeot analyzed construction costs, malutenauce costs, matorlal strength and service life. We recommend leaving the existing wail in place if feasible and installing the new wall immediately landward. This may reduce the den 61Won and disposal costs and not impact tho largo quantity ofuiprap. The visible portion of the existing wall would be removed above water after the installation oftbe steel sheetpiling, In developing a project budget we interviewed several mmiva contractors. The eonMotors provided budgets for the project on two different materials to be considered for the repair. concrete and stee-L The budgets were developed from the following assumptions. The replacemont well would be IS feet tong with a castlrrpk= oonctete cap beam fir the section of wall along the bay from Station 0 +00 to Station 7 +00. As the water depth increases and the exposure to storm waves increases, between; Statiow 7+00 acrd 19•t-00, we recommend the length of the wall increase to 22 feet: At the east end of the property between Station 1.4+ -00 and Station 24+50 It is reaonu —nded to increase the seawall length to 35 fleet. The installation of the steel street pit ng with casein place concrete cap beam was estimated to range from $l, too to SAM? per linear foot This range relates to the varying wall p anetration depth. t, Mr. RAW Comerieto August 6, 2810 Page 8 0£9 These costs do not take into account the presence of natural subsurface rook We recommend collecting additional geoteeWool data to dotermine the depth of rook. We propose conducting a jot probe survey along tine seawall alignment and conducting core borings along the river. Any boring information avallable from the construction of the buildings would be helpful and could reduce the data collection costs. This information would enable us to evaluate the waU penetration depth, xoquiremants, Improve the construction alternative, and provide a preliminary opinion of probable construction cost. Vuctiier, this datawould be necessary for design and bidding. Assumirug borings do not encounter signiftom sabsuritm rock that would hinder the installation to the designed penetration depth; we estimate the conceptual construction budget for replacing the seawall to be $3,984,000. A breakdowaby station is as follows: From Statioua To Station Distance #t ten tlr fY 04-00 7 +00 700 18 7+00 19+04 1200 22 19+00 25440 640 35 3LI er gt{U, o00 stab _l, 3rl4,a0� These estimates do not include landscaping, utilities or dock renovations. Additional Information as dcKnbed abovewiil be required to provide amorer4ned estimate. .� S'coue•Protectton The seawrlc along the river is more susceptible to scour and wave action because of its proximity to the gulf- We, recommend scour protection be added in front of the wall betwmn Stations 12+00 and 25+40 to reduce or eliminato the possibility of the ehanml deepening and Increasing the exposed height of wall. Riprap designed with filter cloth is one possible solution. An alternative to installing riprep is articulating concrete armor mat. OVr expm lenoe with this material has demouastratW it has excellent scour protection Qualities and will also provide a bard anfice for madas growth to attach. The product is easier to Uu mport and quloker to install than riprap. 'The estimated budget to instal127,000 squakle #bet of armor mat at tike baso of the wall is $ q bo,WO . Storm .Protection Between Ration 5 +00 crud Ration d1 +00 Tire seawall protecting the property between SMUon 5+04 and Station 11+00 is susceptible to overtopping from storm. waves. This actuation needs to be addressed. Wafter and wave forces have oaused property damage and flooding To design a wall to withstand the wave forces and to be of adequate height to eliminate overtopping will be challenging and the comtk2uction costs will be ptobibidng. The current approach to manage this problem has had iituitod success and rcquires maintenance after each stony event. We rw=awend exploring the possibility of constructing a wave absorbing rock stmoturc seaward of the wall in this high onergy area of the property. 1 MGFobmtcbmxdniv Aw442010 pev90(9 Tito wsoobtitm is vw Axduua io be botiod vddVA ow of FWda'a aq govt M, tlm pemdtfrag p wm for this typo of st adtita in as squash VORM ZW ba oomple7t, Wo rrmo=d % oucco pUn be &9&rd dWottug dw pokwal bwAft of ttde muchm "d v a the vm am ft&w D' A& ft tbalr 3+upnt: 1 V ofWs* 000eptmaydVmdoniiempomofdaWaokm To add= the hwnadidsj=Wlm neck of Ilds so % vie zecomnMd tlta tWWfdlm of arty wpmie 7Aa mau vAl not provmt to wage firoom ovat9Vu& but v A vf&sWA the wave fnooes vvAbM bodt% dbpb"& VA mesa wM zaVIre mmmd mak t moto smd will ptavida s emoft laud WdIdag emOmA Thenfuta am gacmesl+isaad wiU aa4ia�e m albwr dc�acgos► ag po si se @ksomtof�ooapd�vimraaa'[a. �oeefmaeeedbud�ttofmtalt8 ,lOODsquua�to[e� mat beldad, 9w vmU k d~ 105,oa TW m W ad&w ee area betweas b 6+00 and 11400 vd&a id fa AvQsa*a*fmats. Wa qpr ie* ft opportoaity to bo o£samim Itym bwo smy' qPOOMM4 pioase do wt UmUsto call matC49j643 - M, aft Am12& w mod, P.LL �.l�tAdt7 R�atdoQ 3M6S. �rso�wGrivgDigkry�lorS� }at04�2taaMG�ljbi3+Ja3� puQ793iRT�ifi3.6wfb ' SBivAVA F1AfdD/� B�INOdil9T! 1 r� a 1 . ATTA,CHEIV'T A b i �� f i t 11 s ELEVATM (F7 NAVD) t FR o �► � •� � d ►a w i s a S ; � i 1�1 2 g ; 'j i i d r. 1 = 3 1 ATTACHM, ENT C Jq LA PENINSULA CONDOMINIUM SEAWALL PHOTOGRAPHS June 2010 Photo No. I - Station 0+00: Cracking of cap beam. NM .-.l ov., Photo No. 2 Station 0+00: Broken seawall panel %%was -epaired by extending cast-in-place cap beam. Panel below repair exhibit c racks with rust bleed outs. Page I of 13 r z .-.l ov., Photo No. 2 Station 0+00: Broken seawall panel %%was -epaired by extending cast-in-place cap beam. Panel below repair exhibit c racks with rust bleed outs. Page I of 13 Q0 La Peninsula Condominium June 2UlU ..... ..... mm Vu, Photo No. 5 - Station 4+50.- Photo looking east shows bows is cap beam indicating movement of wall. Z W" -Y J: -A Photo No. 6 - Station 3+60 to 4+50; Typical photo of liuniero is Cracks in top of cap beam. Cracks open oil outboard edge and closed on landward ide are indicative of movement in cap beam. t Page 3 of 13 La !'eninsulai Condominium Junc 2010 Photo No. 7 - Station 5 +25: Construction change, cap beans Photo No. 8 - Station 7 +50: Severe cracking of cap beam with rust bleed Ln Pcninsuln Condominium June 2010 Photo No. 9 - Station 7 +55: Severe cracking of cap beans overlay with rust bleed out. Photo No. 10 - Station 7 +76: Cap beam overlay shifted 1.5 itchcs. Page 5of13 -�� a� ,`i qtr s .: t �•p -'� ��'� e r � @r _• ir,��i��3Ly�.� }�.1 ��>� f it r �.•K .,_ t� k it Vii~ sty E It i`. Y• PM Fm 0 ORDINANCE N0, 85- 2 AN ORDINANCE RELATING TO THE CONSTRUCTION, RECON- o STRUCT40N, REPAIR, ALTERATION, PROJECTION AND J .- PROLONGATION OF SEAWALLS AND REVETMENTS IN THE X UN D7CORPORATED AREAS OF COLLIER COUNTY; PROVIDING p` °_' DErIINITIONS; PROVIDING THAT A FAILED SEAWALL OR `•: RE,VE�I'IJENT IS UNLAWFUL AND A PUBLIC NUISANCE; L PROVIDING FOR ENFORCEMENT JURISDICTION BY AMEND - > - -- ING SECTION THREE, SUBSECTION 2 OF ORDINANCE NO. 837-,1J;',.T0 PROVIDE THAT THE CODE ENFORCEMENT BOARD Or. COLLIER COUNTY SHALL HAVE JURISDICTION TO HEAR ANA DECIDE ALLEGED VIOLATIONS OF THIS ORDINANCE; PROVIDING FOR OTHER ENFORCEMENT REMEDIES AND PENAL- ' TIES; PROVIDING TECHNICAL SPECIFICATIONS FOR SEA- WALLS AND REVETMENTS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, there are many areas in the County which are adjacent to natural or man -made bodies of water; and WHEREAS, many of these Areas adjacent to bodies of water are bordered by seawalls and revetments; and WHEREAS, properly designed and constructed seawalls and revetments serve to protnct waterfront upland property and improvements located thereon against wave attack and serve to stabilize the position of the shoreline; and WHEREAS, Aeawalle and revetments have a tendency to fail rind fall into bodies of water be.causo of the passage of tune, strong winds, heavy rains, erosion, corrosion, and high and low tides among other reasons; and WHEREAS, seawalls and revetments which have failed or collapsed are a hazard to navigation in navigable bodies of water and a hazard to drainage and flood control in non - navigable bodies of water; and WHEREAS, a failed seawall or revetment with accompanying loss of fill, unless promptly replaced or repaired, may cause continuing loss of soil on adjoining properties which can seriously and adversely affect the stability of seawalls and revetments on those adjoining properties as well as the value of adjoining properties; and WHEREAS, a failed seawall or revetment deprives adjoining property owners of the additional strength that derives from the IOGK 019pvt23 common benefit of a continguous seawall or revetment; and WHEREAS, individual property owners are presently respon- sible for maintenance, repair, and replacement of seawalls and revetments along their property; and WHEREAS, there presently exists a threat to public health, safety, and welfare because of the failure of some individual property owners to maintain, repair, or replace their failed seawalls or ravet.mentsi NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: Section One: Definitions: As used in this Ordinance, the following words shall have the following meanings: "County ": means the unincorporated area of Collier County, Florida. "Seawall ": means any solid upright structure which sorver f.o separate real property and /or any improvements thereon from any natural or man -made body of water. "Failed seawall or revetment ": means a seawall or revetment that has failed structurally or that has moved from its original position or that does not serve to stabilize the position of the shoreline. "Revetment ": means a sloping structure which serves to separate real property and /or any improvements thereon from any natural or man -made body of water. Section Two: Failed Seawall Or Revetment Declared To Be UnlawT-uT And A Pu lc Nu lance. It is hereby declared unlawful and a public nuisance for any property owner in the County to permit, or to fail to repair or reconstruct, any failed seawall or revetment upon his property. Section Threes Enforcement Jurisdiction. In any area of the County where a Code Enforcement Board exists, such Code Enforcement Board shall have jurisdiction to enforce the provisions of this Ordinance, however the jurisdic- tion of the Code Enforcement Board shall not be exclusive. The Code Enforcement Board shall have such enforcement powers to be 2 604K 019 PA'.! 2464 MW exercised in such manner as may be provided by county ordinance or state statute, including the authority to levy a fine not to exceed two hundred fifty dollars 15250.001 for each day a viola- tion continues past the data set by the Code Enforcement Board's order for compliance. In connection therewith, Section Three, Subsection 2 of Ordinance 83 -43 which created the Code Enforce- merit Board of Collier County, is hereby amended by adding the following language: (j) Seawalls and Revetments - Collier County Ordinance No. 85 -2 and amendments thereto. Section Four: Other Enforcement Remedies And Penalties. Violation of the provisions of this Ordinance, or failure to comply with any of the provisions of this Ordinance shall consti- tute a misdemeanor. Any person who violates this Ordinance or fails to comply with any of the provisions cf thin Ordinance shall upon conviction thereof be fined or imprisoned, or both, as providod by law, and in addition shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense. In addition, the Board of County Commissioners may take any other lawful action in any court of competent jurisdictic-n as is necessary to prevent or remedy any failure or refusal to comply with any of the provisions of this Ordinance. Such othez lawful action shall include, but shall not be limited to, an equitable action for injunctive relief or action at law for damages or foreclosures of liens. Nothing contained in this Ordinance shall be construed to limit or otherwise adversely affect an adjoining property owner's right to seek redress for damages resulting from a failed seawall or revetment. Section Five: Technical Specifications For Seawalls And Revet:ronts. There is attached hereto and incorporated by reference herein a document entitled "Collier County Seawall and Revetment Regulations - Technical Specifications," consisting of pages one Loa[ 019 PA,A M 3 ..�.. .y.:. ....... .. .�...... .rte �.......,�......... _.- ...r- _.._.... _ _ ._. _.. __ ._..._.__.__....__.... -. �..,,.- ,,.,�°t� through nine, inclusive of design figures. All seawalls and revetments constructed, reconstructed, repaired, altered, pro- jected or prolonged in the County after the effective date of this Ordinance must meet or exceed these technical specifica- tions as follows: A. Minor repairs to the seawall or revetment which do not necessitate physical alteration to the existing structural support syatem are exempt from the technical specifications. D. Major repairs to the seawall or revetment which necessi- tate physical replacement of any portion of the structural support system, except sheet piling, shall comply with the appropriate material specification of the technical specifi- cations for the proposed repair only. C. Reconstruction of any seawall or revetment requiring the complete reinstallation of the sheet pile portion of the structural support system, or any new seawall or revetment section installed ndjacent to or indepondently from any existing seawall or revetment shill require complete con- formance with all sections of the technical specifications for that portion of seawall or revetment. Failure to comply with these technical specifications shall constitute a viulntion of this Ordinance. Section Six: Conflict and Severability. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, tl:e more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. Section Sevens Effective Date This Ordinance shall become effective upon receipt of notice 904K 01� PA"! 266 4 4bry hit POW from the Secretary of State that this Ordinance has bean filed with the Secretary of State. ATTEST 4&nu& rY 8, 1985 ATTEST `�'� KILLIAA, ,'.REAGAN, Clerk :w f Jippiooved is to form and eg 1 ss5�fficiencyt 1 ruts Anderson Assistant County Attorney STATE OF FLORIDA ) COUNTY OF COLLIER ) BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FREDE ICI( J. VOSS, Chairman I, WLLLIXM J. Itr=AN. Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true original of: ORDINANCE NO. 85 -2 which was adopted by the Board of County Comaiasioners during Regular Session the 8th day of January, 1985. WITNESS my hand and the offietnl seal of the Board of County Commissioners of Collier County, Florida, thin 8th day of January, 1985. WILLIAM J. RFACAN Thk enllnones fibd with the Clerk of Courts nrul Clerk SK Of ts•l OIiks th, County Ccn to Board of County Coa=i aioncrs and akr+owledgwrwnt of that fN rsp?"d of By Virgin Magri, Deputy crle t".Ar caw IDDII �• 5 COLLIER COUNTY SEAWALL AND REVETMENT REGULATIONS TECHNICAL SPECIFICATION SECTION li DESCRIPTION The work described in this Specification consists of the design evid construc- tion of waterfront upland property and building protection structures such as seawalls and revetments which serve to protect against wave attack and to sta- bilise the position of the shoreline. The Design and Construction standards herein described shall provide minimum requirements for all seawalls and revetments constructed, reconstructed, repaired, altered, projected or prolonged. SECTION 2s DESIGN CONSIDERATIONS A. General 1. All plans and specifications for seawalls and revetments shall be prepared by a Professional Engineer registered in the State of Florida. 2. Th• design of the structures shall Adequately address all possible moil, live, dead and hydrostatic loadings existing during the life of the structure. B. Criteria 1. Soil And site pArnmeters essential to the structural design are summarized on Figure 1. 2. The active failure soil wedge on the upland side of the stricture shall nanume snturated moll to the top cnp of the seawall /revetment. I. The low water depth on the waterward side of the structure shall be assumed to he a "low, low" tide. SECTION j; GENERAL REQUIREMENTS A. Location Seawalls shall be placed so that the waterward face of the wall is coincidental with the platted property or bulkhead line, if one exists, or at the intersection of the mean high water line with the existing shoreline. Revetments shall be placed so the exposed rock face intersects the platted property or bulkhead line et the mean high water line. B. Elevation The cap elevation for all seawalls and revetments fronting on protected tidal waters shall be equal to, or greater than, eleva- tion 4.5 feet N.G.V.D. (National Geodetic Vertical Datum) and equal to or greater than, 5.5 feet N.C.V.D. on open bays and channels. The elevation for all seawalls and revetments fronting on freshwater canals and lakes shall be equal to, or greater than, the local high water elevation as determined for a 25 year return frequency design storm avant. IOOR 019'A`.! January A. 1985 1 om FM C. Filling The only filling authorized herein shall be for backfill behind the seawalls or revetments and shall not extend any further water — ward than existing seawalls or revetments. The backfill shall be from upland sources and consist of suitable granular material from from toxic pollutants in other than trace quantitieo. At no time shall this Specification be construed to allow the filling of any County, State or Federal wetland. D. Code Enforcement 1. The County Manager, or his designated representative, shall review the plans and specifications to determine if all Appropriate Engineering Certifications are provided. Upon determination that all certifications are provided, the County Manager, or him designated representative, shall issue a Permit to perform such work. 2. At the conclusion of all permitted work relating to an indi- vidual seawall or revetment improvement, a certification by a Professional Engineer registered in the State of Florida shall be provided to the County Manager, or his designated representative, verifying compliance with the design and construction requirements of this Specification. F. Special Conditions The County Manager, or his designated representative, may waive/ Abate only thoxe requirements detailed herein that are in direct conflict with existing conditions at or adjacent to the property location for the proposed ■eawAll or revetment improvements. Substitutions may be authorized by the County Manager, or his designated representative, for seawalls or revetments constructed of material and /or by methods other than as detailed in this Ordinance only if the design considerations of Section 2 herein are complied with. Thin authorization does not allow substitution of any requirement detailed in Section 4 herein. SECTION 4: RESTRICTIVE SPECIFICATIONS A. General 1. The Standard Specifications of the Florida Department of Transportation for Road and Bridge Construction. Latest Edition. shall govern all construction, including materials and workmanship, where applicable. 2. The references to tie —back rods and anchors in the following subsections shall not be construed as a requirement by Collier County for that particular means of sheet piling support sys- tem but are included for Specification information purposes only. When utilized. the tie -back rods shall be straight between wall cap or waler and anchor plate. 3. Sheet piling shall be installed plumb in both the horizontal and vertical directions. p00K a19 �1' ! a►OV Jnnunry A. 1985 2 D. C 4. Sheet piling shall ponstrate into firm ground a minimum of 40% of the total length of the sheet pile but never lees than 4 feet. This penetration requirement may be abated in the avant the toe of the shoat pile can be embedded a miniumum of 12 inches in solid bedrock. 5. The toe -berm of all sheet pile seawalls shall be protected by a stone rip -rap revetment placed on a filter fabric erosion control blanket in accordance with Section 4.0 as follows: a. At locations where soils will not adequately resist toe -out failure by additional penetration depth alone; b. At locations where lateral tidal flows create excessive scour and erosion of the toe -berm; C. At any other location where the design Engineer deems it necessary for the preservation of the integrity of the seawall. Concrete Sheet Pile Senwalls I. All seawalls under this Section may be of concrete, utilizing the tongue And gronv., or other Approved method of construc- tion, with poured -in -place concrete cap. 2. Thi concrete shell have a minimum test strength of 3,000 psi after 28 days. 3. Each sheet piling stab shall have a minimum thickness of six inches and provide s minimum reinforcing steel cover of two And one -half (2y) inches of concrete. 4. The concrete cap shall not be less than 10 inches in thick- ness, nor lees than 16 inches in width, and contain one -half (�) inch expAnsion ,hints of pre - moldad sealer at all property lines but in no came more thnn 100 foot intervals. 5. All tie -hack rode shall be of a size, material and composi- tion to ensure a three -to -one (3:1) safety factor under the design criteria outlined in Section 2.A.2. Tie rods shall be Integral with the AIAb vertical reinforcing steel And be environmentally protected AgainAt corrosion by "hot -dip" galvanizing in Accordance with ASTM A -153, epoxy coating in accordance with ASTH A -775, or any other equivalent protection materiel. 6. Tie -rod anchors shall have not less than six square feet of vertical surface area perpendicular to the alignment of the tie -rod and be located within the area of full passive resis- tance. Aluminum Sheet Pile Seawalls 1. All seawalls under this Section may be of aluminum, with all members conforming to the appropriate ASTM standards so specified. 2. Sheet piles shall be fabricated from aluminum alloy 5052 -H141, conforming to ASTM D -209 alloy 5052 for chemical composition; also having a minimum thickness of 0.125 inches and a ainiaua ultimate tensile strength of 35,500 p.s.i. 1ok 019 °1.470 January 8, 1985 3 D. Revetments 1. The work under this :.ectiun is comprised of a heavy Armor facing of precarr, co -crete blocks, natural stones and boulders, bags filled with *and- cement mixture of grout, or some other durable facing material placed on a stable natural sloping shore. 2. The revetment ahall be placed on a smooth, even, compacted slope with a gradient not exceeding one foot vertical drop for every two feet of horizontal distance. 3. All revetments shall be placed on a woven plastic filter fabric in accordance with F.D.O.T. Specifications. Section 514. This fabric shall be overlaid by a layer of one inch to four inch stone which shall serve as a cushion for the armor layer protection. The fabric shall be folded over and anchored by larger rock at the toe of the revetment slope. 4. The stone revatment armor layer shall be comprised of boulders of suffi,.ient quantity and size to withstand all :ids and wave fort%+, but in no case be :ass than that specified by F.D.O.T. Specifications Section 530. 5. Alternative armor layers of protection w y be sand - cement bags interconnected by 04 reinforcing dovels, in accordance with F.D.O.T. Specifications Section 530, "Armorflex ", "Terrafix ", "Tri- lock" or any other approved interlocking. precast, modular concrete armor system. January R. 1985 4 3. Cap and joint extrusions shall be fabricated from aluminum alloy 6063 -T6, conforming to ASTM B -221 alloy 6063 for chemical composition; also having a minimum thickness of 0.15 Inches and a minimum ultimate tensile strength of 30,000 ' p.s.i. The cap shall be a minimum of six inches wide and five and three - quarters (5.75) inches deep. 4. Anchor rods and anchor plates shall be fabricated from • aluminum alloy 6061 -T6, conforming ASTM'B -221 alloy 6061 for chemical composition; also having a minimum thickness of 0.125 inches for anchor plates and a minimum diameter of 0.75 inches for anchor rods, both with a minimum ultimate tensile strength of 38,000 p.s.i. Anchor rods shall be designed to ensure a three -to -one (3t1) safety factor under the design criteria outlined in Section 2.A.2. S. Installation procedures shall follow the guidelines and methods required by the aluminum seawall manufact-irer. 6. If the aluminum material is brought in contact with concrete, A coating of clear nethscrylaro lacquer shall be applied to the aluminum contact surface to prevent corrosion. There shall be no dtasimilar metals or metal systems bonded to the wall. D. Revetments 1. The work under this :.ectiun is comprised of a heavy Armor facing of precarr, co -crete blocks, natural stones and boulders, bags filled with *and- cement mixture of grout, or some other durable facing material placed on a stable natural sloping shore. 2. The revetment ahall be placed on a smooth, even, compacted slope with a gradient not exceeding one foot vertical drop for every two feet of horizontal distance. 3. All revetments shall be placed on a woven plastic filter fabric in accordance with F.D.O.T. Specifications. Section 514. This fabric shall be overlaid by a layer of one inch to four inch stone which shall serve as a cushion for the armor layer protection. The fabric shall be folded over and anchored by larger rock at the toe of the revetment slope. 4. The stone revatment armor layer shall be comprised of boulders of suffi,.ient quantity and size to withstand all :ids and wave fort%+, but in no case be :ass than that specified by F.D.O.T. Specifications Section 530. 5. Alternative armor layers of protection w y be sand - cement bags interconnected by 04 reinforcing dovels, in accordance with F.D.O.T. Specifications Section 530, "Armorflex ", "Terrafix ", "Tri- lock" or any other approved interlocking. precast, modular concrete armor system. January R. 1985 4 'S �y. •r. 0 0 SECTION St PERFORMANCE REQUIREMENTS Thess Specifications detail minimum requirements for seawalls and revetments which are to be constructed in Collier County. Individual design is the respon- sibility of the landowner, based upon specific site conditions, type of shore stabilization structure desired, method of construction, and all other factors affecting the stability of the structure. These Specifications are minimum requirements only and are not intended to be a final design relating to a specific site or any other affecting conditions. MR 019 ►s'•+ s• U W � � a C w V L - ■ w A > C C A y r 0 u p •• N • — a[ V 4 a � ✓ 0 1 oil w r • Y = r o w 6 � ✓ J W t � A d s � P •_' 9 = 7 t� • c T [ C r a c < O C V R 1 O F- Q `\ N 2 o V � uj� v 0 CO •� 3 Zi ti l l V) w �• U o C U � y �' to ' Q • 2. } IL i s 1 Q o ww m ��{{ t �`'GZ UPI o-z8 a' r• N.N = 900K UAW! Z73 � a m r w Y i • � Y ± P P M w r • Y = r o w 6 � ✓ J W t � A d s � P •_' 9 = 7 t� • c T [ C r a c < O C V R 1 O F- Q `\ N 2 o V � uj� v 0 CO •� 3 Zi ti l l V) w �• U o C U � y �' to ' Q • 2. } IL i s 1 Q o ww m ��{{ t �`'GZ UPI o-z8 a' r• N.N = 900K UAW! Z73 � a m N .d ell � N X $gO �n (mill.) Z ( m D D I? 2 �p L N m A O m_ m Cz CO mm O O n G2i O j 0 O 09 mN = rao S O Y A 1 Iml z 3 :UI1 I 'A w� s� • p6 � �6_Min. o n 3� m 1�0 (mill.) Z ( m D D I? 2 �p L N m A O m_ m Cz CO mm O O n G2i O j 0 O 09 mN = rao S O Y A 1 Iml z 3 :UI1 I 'A w� s� • p6 � �6_Min. o n o -� 3 z m 1 L. cap �TO�• o 3 i • � SioD '� I— m CD Ln v n D ;p o -� 3 z m 1 L. cap �TO�• o 3 i • � SioD '� I— CD Ln v n D 10' 0. C. o -� 3 z m 1 L. cap �TO�• o 3 i • � SioD '� SOU 0i8r,.,274 07 p O n R i 0 3 o� Cp_ 3� w I— Z v n D 10' 0. C. (TYP G _ 2 l SOU 0i8r,.,274 07 p O n R i 0 3 o� Cp_ 3� w on PWR RV �o g D T Z m -� (TYP.) cc) D i 9CD x A o -� n X D D � r r D, Z Ln f -- D N Ln N m o g ;o y _C / �1 � � Q j a C% »; n � 1 +�j 600K A 8 a s z N . I stab►ish Vegetation . —Armor Rip-Rap of Bank _Rip -Rap Toe ," Protection Stone Filler Cushion. Filler Fabric TYPICAL STONE REVETMENT Establish Vegetation /tom Interlocking Blocks ,_Grovel Blanket on Filler Fabric — Flitsr Fabric A _Stone Toe Protection TYPICAL CONCRETE-BLOCK REVETMENTa zo O ¢J F- N W Z � L1J I A -- - A 0 o ►- 1 u J U. zo WU Q PLAN VIEW SECTION A-A U a a:iW JJJ } Oz O f- _ INTERLOCKING BLOCK m WO �p N N H n. 2 IDOK 019 rs`•'• M Figure 4 C) SOUTH FLORIDA AG COUNCIL COMMITTEE COMMITTEE MEETING 9:00 A.M. TO 12 NOON, NOVEMBER 19, 2013 HILLIARD BROTHERS CABIN, FLAG HOLE ROAD CLEWISTON, FLORIDA, ATTENDEES COMPANY COMMODITY Aaron Troyer Troyer Brothers Inc. Vegetables & Citrus Ben H. Griffin III - Ben Hill Griffin Inc. Cattle & Citrus Billy Heller Pacific Tomato Growers Ltd. Vegetables & Citrus Cecil Howell Self Vegetable Grower Charlie Lucas King Ranch Florida Citrus, Sugarcane, Vegetables, Landscape & Ornamental Christian Spilker Collier Enterprises Cattle, Citrus & Vegetables Chuck Obern Self Vegetable Grower Clay G. Wilson Latt Maxcy Corporation / ALICO Cattle, Citrus, Sugarcane & Vegetables Dallas Townsend Dorlas Ranch Cattle & Citrus David Wheeler Wheeler Farms Citrus DC McClure West Coast Farms Vegetables Dick Crockett Brian W. Paul Family Citrus Gene McAvoy Hendry County Extension Director NA Gene Mooney Bill Hill Griffin Inc. Citrus & Cattle Hugh English English Brothers Partnership Citrus Jamie Williams Lipman Produce Vegetables & Citrus J. D. Alexander ALICO Cattle, Citrus, Vegetables & Sugarcane Joe Hilliard Il Hilliard Brothers of Florida Cattle, Citrus & Vegetables Dr. Joe Joyce IFAS Executive Associate VP for Agriculture NA Joe M. Hilliard Hilliard Brothers of Florida Cattle, Citrus & Vegetables John Stitt Stitt Ranch Inc. Citrus Kate English Pavese Law Firm Citrus Katie Sproul Barron Collier Companies Cattle, Citrus & Vegetables Ken McDuffie U. S. Sugar Sugarcane Ken Smith ALICO Cattle, Citrus, Vegetables & Sugarcane Kent Shoemaker Lipman Produce Vegetables Michael S. Murphy Cooperative Producers Inc. Citrus Mike Sullivan Gargiulo Farms Vegetables Mike Taylor Collier Enterprises Cattle, Citrus & Vegetables Paul Meador Everglades Harvestion Citrus Rick Kress Southern Gardens Citrus Processing Citrus Ron Hamel Gulf Citrus Growers Association Citrus Ronald Edwards Evans Properties Inc. Citrus Tim Nance Collier County Board of Commissioners NA Tom Duda A. Duda & Sons Cattle & Citrus Tony Dimare Dimare Brothers Vegetables Wa ne Simmons LaBelle Fruit Company LLC Citrus