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Backup Documents 03/27/2001 RBOARD OF COUNTY COMMISSIONERS REGULAR MEETING MARCH 27, 2001 Naples Daily News Naples, FL 34102 Affidavit of Publication Naples Daily News BOARD OF COUNTY COMMISSIONERS CHRIS NORTON QO BOX 413016 NAPLES FL 34101 -3016 REFERENCE: 001230 #102611 58224382 NOTICE OF PUBLIC MEE State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as the Assistant. Corporate Secretary of the Naples Daily News, a daily newspaper publ.ished at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida; and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail. matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discou }t, rebate, commission or refund for the purpose of securing this advertisement for publiction in the said newspaper. PUBLISHED ON: 0325 AD SPACE: 55.000 INCH FILED ON: 03/26/01 _ -------------------- ----------------------------------- ------ -- - - - .. - Signature of Affiant 7�-- -- - Sworn to and subscribed before me this &3 day (�of�0 Personally 'known by me - -- E SUSAN D. FLORA M Comm ExP. 12/30/04 Y No. CC 983548 11 FWsauily t4M I I OVW 1.0 Board of County missioners will meet n the Board's Chambers on the Third Floor of a W. Harmon Turner Bu ltilno (Building F1 at the caller ounty Government Complex, Naples, Florl- da, to conduct the busi- ness of Collier County, at the above stated me and dote. of agenda for said mee no lwl l be press available to to the talned atttthemornce of the County Administrator, same allon, some pe- riod of time. Any person who decid- es to appeal a decision of this Board will need a re- cord of the proceedings pertaining thereto, and therefore may need to ensure that a verbatim record of the proceed - Ings is made, which .re- cord Includes the u wh ch the sapped Is to be based BOARD OF COUNTY COMMISSIONERS COLLIER JAMES D. CARTER, Ph. D CHAIRMAN `DW�IRK T E. BROCK, By,. /s/ Maureen Kenyon COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS "A AGENDA Tuesday, March 27, 2001 9:00 a.m. NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS ". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (941) 774 -8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. I March 27, 2001 1. INVOCATION — Reverend Susan Diamond, First Christian Church 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF AGENDAS Approved and/or Adopted with changes - 510 A. APPROVAL OF CONSENT AGENDA. B. APPROVAL OF SUMMARY AGENDA C. APPROVAL OF REGULAR AGENDA. 4. APPROVAL OF MINUTES Approved as presented - 5/0 A. February 27, 2001 Regular Meeting B. March 2, 2001 Transportation Workshop C. March 7, 2001 TDC Workshop 5. PROCLAMATIONS AND SERVICE AWARDS A. PROCLAMATIONS 1) Proclamation proclaiming the month of April 2001 as "Conservancy Volunteer Month ". To be accepted by Ms. Kathy Prosser, President and CEO of The Conservancy of Southwest Florida. Adopted - 510 2) Proclamation recognizing the Collier County Stormwater Department by the South Florida Water Management District as the recipient of a $49,000 funding award. To be accepted by John Boldt, Director of Stormwater Management. Adopted - 5/0 3) Proclamation proclaiming April 4, 2001 as "KICK BUTTS DAY" in Collier County. To be accepted by: Mr. Bob Troesch — "Students Working Against Tobacco ". Adopted - 5/0 4) Proclamation proclaiming March 30, 2001 as "Cleveland Clinic Florida Hospital - Naples Grand Opening Day ". To be accepted by Mr. Fielding Epstein, Administrator, Cleveland Clinic Florida Hospital - Naples. Adopted - 5/0 B. SERVICE AWARDS Presented 2 March 27, 2001 Five Year Attendees: 1) Reuben Marquez, Road and Bridge 2) Guy Hall, Domestic Animal Services 3) Bret Popma, Parks and Recreation Marilyn Griffin, Parks and Recreation Ten Year Attendees: 5Q David Fitts, Wastewater Fifteen Year Attendees: 6) Steve Ritter, Transportation 7) James Capps, Transportation C. PRESENTATIONS 1) Recommendation to recognize Robert DeCamp, Program Supervisor, Parks and Recreation Department, as Employee of the Month for March 2001. Recognized 6. APPROVAL OF CLERK'S REPORT A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES. 7. PUBLIC PETITIONS 8. COUNTY MANAGER'S REPORT A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Adopt Resolution opposing House Bill 949 and any other Legislation proposed to rescind the eminent domain authority of Collier County or to otherwise restrict or limit Collier County jurisdiction over local water and wastewater utilities. Res. 2001 -95 - Adopted 5/0 2) Petition recommendation to approve commercial excavation Permit No. AR -444 "Creative Homes III Commercial Excavation" located in Section 16, Township 48 South, Range 27 East, bounded on the north by vacant lot, on the south by 35th Avenue N.W. right -of -way, on the west by vacant lot, and on the east by vacant lot. 3 March 27, 2001 Approved - 5/0 Moved from Item #16A11: 3) Request to approve for recording the final plat of "Briarwood Unit Seven" Approved; staff to work with developer and homeowners' association and come to the Board in 30 days with a report - 5/0 4) Moved from Item #16Al2: 5) Request to approve for recording the final plat of "Briarwood Unit Nine" and approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. Approved; staff to work with developer and homeowners' association and come to the Board in 30 days with a report - 5/0 Moved from Item #16A13: 6) Request to approve for recording the final plat of "Briarwood Unit Ten" and approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. Approved; staff to work with developer and homeowners' association and come back to the Board in 30 days with a report - 510 B. TRANSPORTATION SERVICES Moved from Item #16133: 1) Approve committee ranking of firms for contract negotiations for Professional Engineering Services for Vanderbilt Beach Road. Collier County Project No. 63051, CIE No. 24. Staffs recommendation approved - 5/0 C. PUBLIC UTILITIES 1) Review staffs progress report on the negotiations with Waste Management, Inc. (WMI) and Immokalee Disposal Company (IDC), and select the Board's preferred options, and then authorize staff to complete the negotiations with WMI and IDC. Staffs recommendations accepted and staff to prepare ordinance regarding mandatory recycling - 5/0 2) Update to the Board of County Commissioners on the capacity issues with the North County Water Reclamation facility. Resolution 2001 -96 regarding Interlocal Agreement - Adopted 5/0 Hold Harmless - Approved 510 Consent Order without penalty - Approved 5/0 4 March 27, 2001 D. PUBLIC SERVICES E. SUPPORT SERVICES F. EMERGENCY SERVICES G. COUNTY MANAGER 1) THIS ITEM CONTINUED FROM 3/14/01 BCC MEETING. Review of the written and oral report of the Bayshore /Avalon Beautification MSTU Advisory Committee. Report Accepted 4/0 (Commissioner Carter out) H. AIRPORT AUTHORITY 9. COUNTY ATTORNEY'S REPORT — THESE ITEMS TO BE HEARD AT THE CONCLUSION OF THE REGULAR AGENDA A. Report on status of settlement negotiations in Collier County v. Marshall, Case No. 99- 2009- CA -TB, pending in the Twentieth Judicial Circuit Court (prescriptive easement claim for Miller Boulevard Extension) and request for Board direction. Staff to negotiate a road maintenance plan /temporary use agreement and bring back to the Board in 45 days (Consensus) B. Request for Board direction regarding Section 163.3215, FLA. Stat., verified complaint from Vanderbilt Shores Condominium Association, Inc., Vanderbilt Club Condominium Association, Inc., The Mansions Condominium Association, Inc., Gulf Cove Condominium Association, Inc., and Vanderbilt Beach and Bay Association, Inc., challenging the County's approval of SDP - 2000 -108 for the Vanderbilt Beachcomber Resort as inconsistent with the County's Comprehensive Plan. Previous decision approved. No legal basis to set aside - 4/1 (Commissioner Fiala opposed) C. Recommendation, pursuant to Collier County Resolution No. 95 -632, that the Board of County Commissioners authorize the office of the County Attorney and the Risk Management Department to retain outside counsel to represent an individual County employee sued in Ricketts v. Collier County, Case No. 2:01 - CV-76-FTM-29DNF, United States District Court for the Middle District of Florida, and waive the purchasing policy to the extent it applies to the selection of outside counsel. Staff recommendation approved; purchasing policy waived - 410 (Commissioner Carter out) s March 27, 2001 D. Closed attorney - client session pursuant to Section 286.011(8), Fla. Stat., to discuss settlement negotiations and /or strategy related to litigation expenditures in Kimberly D. Dalton v. Isle of Capri Fire and Rescue District, a division of Collier County, a local county government, Case No. 99- 534 - CIV - FTM- 29DNF, pending in the U.S. District Court, Middle District, Fort Myers Division. E. THIS IS COMPANION ITEM TO ITEM 9.D TO BE HEARD IMMEDIATELY AFTER ITEM 9.13. Request for Board direction regarding settlement negotiations and litigation expenditures in the case of Kimberly D. Dalton v. Isle of Capri Fire and Rescue District, a division of Collier County, Case No. 99- 534 - CIV -FTM- 29DNF, pending in the United States District Court for the Middle District of Florida. County Attorney to make a counter -offer in the amount of $7,801 - 4/0 (Commissioner Carter out) F. Closed attorney - client session pursuant to Section 286.011(8), Fla. Stat., to discuss settlement negotiations and /or strategy related to litigation expenditures in Maxie D. Holmes v. Collier County, a political subdivision of the State of Florida, Case No. 2:00 -CV- 262- FTM -24D, pending in the U.S. District Court, Middle District, Fort Myers Division. G. THIS IS COMPANION ITEM TO ITEM 9.F TO BE HEARD IMMEDIATELY AFTER ITEM Q.F. Request for Board direction regarding settlement negotiations and litigation expenditures in the case of Maxie D. Holmes v. Collier County, a political subdivision of the State of Florida, Case No. 2:00 -CV- 262- FTM -24D, pending in the United States District Court for the Middle District of Florida. County Attorney to seek additional discovery and report back to the Board in late April or early May - 4/0 (Commissioner Carter out) 10. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the Collier County Health Facilities Authority. Res. 2001 -97 appointing George C. Mohlke, Jr. and N. Rex Ashley - Adopted 4/0 (Commissioner Carter out) B. Discussion regarding shellfish farming in Everglades City. (Commissioner Coletta) BCC Support endorsed - 4/0 (Commissioner Carter out) 11. OTHER ITEMS A. OTHER CONSTITUTIONAL OFFICERS B. COMMUNITY REDEVELOPMENT AGENCY 6 March 27, 2001 1) THIS ITEM TO BE HEARD AT 1:00 P.M. Recommendation that the Community Redevelopment Agency Board approve a resolution adopting bylaws for the CRA and the local redevelopment advisory boards; appoint the Immokalee Enterprise Zone Development Agency as the local redevelopment advisory board for Immokalee; direct staff to advertise positions for the Bayshore /Gateway Triangle Local Advisory Board to be appointed by the CRA at a future meeting; and to elect a new Vice - Chairperson. Res. 2001 -98 - Adopted 410 (Commissioner Carter out). Commissioner Fiala appointed as Vice Chairman - 4/0 (Commissioner Carter out) C. PUBLIC COMMENT ON GENERAL TOPICS 1) Al Perkins on various topics 2) Emilio Biaz 3) Mr. Morrera PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS ------------------------------------------------------------------------------------------------------------------------- - - - - -- 12. ADVERTISED PUBLIC HEARINGS - BCC A. COMPREHENSIVE PLAN AMENDMENTS B. ZONING AMENDMENTS C. OTHER 13. BOARD OF ZONING APPEALS A. ADVERTISED PUBLIC HEARINGS B. OTHER 14. STAFF'S COMMUNICATIONS A. County Manager suggested that the Board mention up- coming events for advertising during open sessions in lieu of requesting same through the Public Information Office. B. County Manager to be on vacation from March 30 through April 6, 2001. 15. BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS 7 March 27, 2001 A. Naples Manor Clean -Up to take place on April 21, 2001 ------------------------------------------------------------------------------------------------------------------------------- 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. Approved and /or adopted with changes - 5/0 A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Execute satisfaction of lien established upon recording of an order reducing fine /lien in Collier County v. Homer Betancourt. 2) Request that the Board approve a resolution providing for the establishment of an Advisory Committee to provide input and assist staff with the restudy of The Golden Gate Area Master Plan. Res. 2001 -90 3) Petition CARNY- 2001 -AR -441, Peggy Ruby, Collier County Parks and Recreation Department, requesting permit to conduct a carnival (Country Jamboree) from April 6 through 7, 2001, on County -owned property at the Vineyards Community Park site located on Arbor Boulevard. CP- 2001 -05 and waiver of carnival fee, occupational license and surety bond 4) Request to approve for recording the final plat of "Cedar Hammock Unit Three" and approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. W /stipulations 5) Request that the Board of County Commissioners approve an additional Senior Planner position in the Comprehensive Planning Section, Planning Services Department, and the accompanying amendment to the adopted FY 01 County Budget. 6) Execute Satisfaction of Lien arising out of order imposing fine /lien in Code Enforcement Board case entitled Collier County v. William E. and Beverly M. Murphy. s March 27, 2001 7) Request to approve for recording the final plat of "Naples Elks Lodge #2010 ". 8) Request to approve for recording the final plat of "Tre Tierra" and approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. W /stipulations 9) Request to approve for recording the final plat of "Valencia Lakes Phase 1 -A" and approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. W /stipulations 10) Final acceptance of water utility facilities for Glen Eagle cart barn. Release of Utilities Performance Security to the Project Engineer of the Developer's Agent Moved to Item #8A3: 11) Request to approve for recording the final plat of "Briarwood Unit Seven ". Moved to Item #8A4: 12) Request to approve for recording the final plat of "Briarwood Unit Nine" and approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. Moved to Item #8A5 13) Request to approve for recording the final plat of "Briarwood Unit Ten" and approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. Added: 14) THIS ITEM WAS CONTINUED FROM THE MARCH 13, 2001 MEETING. Request to approve for recording the final plat of "Jubilation" and approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. W /stipulations 15) Recommendation that the Board of Collier County Commissioners approve the Release of Purported Lien for Public Nuisance - Resolution 98 -308. (Staff request) B. TRANSPORTATION SERVICES 1) Approve funding of four new vehicles within the Transportation Services Division and approve budget amendments to transfer funds for the new 9 March 27, 2001 vehicles. 2) Accept access and maintenance easements from the Fountains Condominiums that will facilitate the County in maintaining an existing drainage easement north of Rattlesnake- Hammock Road. Moved to Item #8131: 3) Approve committee ranking of firms for contract negotiations for Professional Engineering Services for Vanderbilt Beach Road. Collier County Project No. 63051, CIE No. 24.1 4) Approve a policy allowing County employees to purchase monthly bus passes through payroll deduction and that the County provide a 50% match as an employee benefit. C. PUBLIC UTILITIES 1) Approve Work Order PUED -MS -29 to Mitchell & Stark Construction Company, Inc. for Royal Palm Irrigation Pump Station Improvements, Contract 00 -3087, Project 73916. In the amount of $105,960 2) Approve re- appropriation budget amendments for the North County Regional Water Treatment Plant chemical feed piping replacement, Project 70890. 3) Accept a utility easement from Imperial Golf Club, Inc. that will facilitate the County in upgrading and improving an existing reclaimed water main, Project 74015. 4) Approve budget amendment to recognize transfer of monies from Fund 001 — Parks and Recreation to Fund 195. D. PUBLIC SERVICES 1) Award of Bid 00 -3198 to Leo's Sod to renovate the ball fields at Golden Gate Community Park. In the amount of $57,400 2) Authorize the Collier County Public Library to submit an application for a Library Services and Technology Act Grant, and authorize the Chairman of the BCC to sign certification for the grant. 3) Approve a purchase agreement to allow for a walkway, bike path and green space to be constructed for recreational purposes. 10 March 27, 2001 W /Jennifer M. Rowland and Marguerite R. Joy in the amount of $80,000 Continued Indefinitely: 4) Approve one easement agreement to allow for a walkway, bike path and green space to be constructed for recreational purposes. 5) Approve a Limited Use License Agreement between the Board of County Commissioners and the Naples Junior Chamber of Commerce, Inc., approving use of specified County -owned property for conducting a July 4th Fireworks Festival. To be held at Sugden Regional Park 6) Authorization to combine two part-time positions to one permanent full - time position. For the Outreach Coordinator position E. SUPPORT SERVICES 1) Request to recognize additional revenue in Cost Center 100130 and approve a budget amendment to transfer funds to Operating Expenses. For leasing a color printer for the Department of Public Information 2) Contract Amendment No. Two for RFP 97 -2675, "Pre- Employment Physicals and Drug Testing ". W /Community Health Partners F. EMERGENCY SERVICES 1) Approval to enter an agreement with the Florida Department of Community Affairs for the development of a terrorism annex to the Comprehensive Emergency Management Plan and conduct an exercise to validate the annex. Res. 2001 -91 2) Approval of the amended collective bargaining agreement between the Board of County Commissioners and the International Association of Fire Fighters, Local 3670. 3) Agreement approval and adoption of resolution authorizing the acceptance of said agreement between the State of Florida, Department of Community Affairs and Collier County for funds to be used for shelter enhancement at Gulf Coast High School. Res. 2001 -92 11 March 27, 2001 G. COUNTY MANAGER 1) Approval of Budget Amendment Report — Budget Amendment #01 -205; #01 -213; #01-226;#01-229. H. AIRPORT AUTHORITY I. BOARD OF COUNTY COMMISSIONERS J. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed. K. OTHER CONSTITUTIONAL OFFICERS 1) Approve payment of medical costs associated with Kevin Saunders from General Fund Reserves. In the amount of $164,099.81 L. COUNTY ATTORNEY 1) Approve the settlement providing payment by the Defendants to Collier County in a special assessment lien foreclosure action entitled Collier County v. Christina Davenport, et al., Case No.: 96- 2319 -CA. 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. A. An Ordinance amending Collier County Ordinance No. 2001 -03, the Collier County Coastal Advisory Committee; amending Section Three, appointment and composition, terms of office, attendance and filing of vacancies; providing for conflict and severability; providing for inclusion in Code of Laws and Ordinances; and providing for an effective date. Ord. 2001 -14 B. THIS ITEM REQUIRES THAT ALL PARTICIPANTS BE SWORN IN AND EX PARTE DISCLOSURE BE PROVIDED BY COMMISSION MEMBERS. PUD- 12 March 27, 2001 2000 -19, George L. Varnadoe, ESQ., of Young, Van Assenderp, Varnadoe and Anderson, P.A., representing Antaramian Capital Partners, LLC, requesting a rezone from "C-4" to "PUD" Planned Unit Development to be known as Sandpiper Village PUD, for a maximum of 180 multi - family dwelling units and a maximum of 45,000 commercial and general office uses, and recreational amenities, for property located on the south side of Tamiami Trail East (U.S. 41) in Section 11, Township 50 South, Range 25 East, Collier County, Florida, consisting of 14.99 + /- acres. Ord. 2001 -15 C. THIS ITEM REQUIRES THAT ALL PARTICIPANTS BE SWORN IN AND EX PARTE DISCLOSURE BE PROVIDED BY COMMISSION MEMBERS. V -2000- 34, Don Kirby and Susan Young Kirby, of Construction Courier Services, representing Handy Food Stores Incorporated, requesting a variance of 20 feet from the required 50 foot front yard setback requirement for a gas station canopy and fuel pumps to 30 feet for property located at 2902 Lake Trafford Road, Immokalee. Res. 2001 -93 D. THIS ITEM REQUIRES THAT ALL PARTICIPANTS BE SWORN IN AND EX PARTE DISCLOSURE BE PROVIDED BY COMMISSION MEMBERS. Petition V- 2000 -36, Craig R. Stephens of Stephens Design Group representing Adco Group requesting a 35 foot variance from the 50 foot rear yard requirement when abutting a residential property, to 15 feet for a property located on Railhead Boulevard and is further described as Lot 35, Railhead Industrial Park, Collier County, Florida. Res. 2001 -94 E. THIS ITEM REQUIRES THAT ALL PARTICIPANTS BE SWORN IN AND EX PARTE DISCLOSURE BE PROVIDED BY COMMISSION MEMBERS. Petition PUD- 99 -21, Mr. William Hoover of Hoover Planning, representing Lloyd G. Sheehan, Trustee, requesting a rezone from "A" Agricultural and "GC" Golf Course to "PUD" Planned Unit Development to be known as Castlewood at Imperial PUD allowing for 34 residential dwelling units for property located on the north side of Imperial Golf Course Boulevard and approximately one - quarter mile east of Tamiami Trail (US -41), in Section 14, Township 48 South, Range 25 East, Collier County, Florida, consisting of 21.16 acres more or less. Ord. 2001 -16 F. THIS ITEM REQUIRES THAT ALL PARTICIPANTS BE SWORN IN AND EX PARTE DISCLOSURE BE PROVIDED BY COMMISSION MEMBERS. Pud -98- 14(1), George L. Varnadoe of Young, van Assenderp, Varnadoe & Anderson, P.A., representing Granada Shoppes Associates, Ltd., requesting a rezone from "PUD" to "PUD" Planned Unit Development having the effect of amending the PUD document and PUD master plan to add a hotel as an authorized use and to reduce authorized retail and office space in lieu of said 175 -room hotel, for 13 March 27, 2001 property located on the southeast corner of U.S. 41 and Immokalee Road (S.R. 846) in Section 27, Township 48 South, Range 25 East, Collier County, Florida, consisting of 39.23 +/- acres. Ord. 2001 -17 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774 -8383. 14 March 27, 2001 �3 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING March 27, 2001 ADD: ITEM 16(A)15 - Recommendation that the Board of Collier County Commissioners approve the Release of Purported Lien for Public Nuisance - Resolution 98 -308. (Staff request) MOVE ITEM 16(B)3 TO 8(B)1: Approve committee ranking of firms for contract negotiations for Professional Engineering Services for Vanderbilt Beach Road. Collier County Project No. 63051, CIE No. 24. (Staff request.) CONTINUE INDEFINITELY: ITEM 16(D)4: Approve one easement agreement to allow for a walkway, bike path and green space to be constructed for recreational purposes. (Staff request.) PROCLAMATION 5A1 WHEREAS, ' The Conservancy of Southwest Florida is the region's leading non profit environmental organization; and, WHEREAS, The Conservancy has helped protect nearly 800, 000 acres of environmentally sensitive land since 1964, including Fakahatchee Strand, Belle Meade, South 6o 1den bate Estates, Rookery Bay, and 04 Cypress Preserve; and, WHEREAS, The Conservancy actively assists with state and federal /and acquisitions and restoration programs in the Greater Everglades Ecosystem and more than 5,500 members support The Conversancy of Southwest Florida; and more than 701D volunteers generously donate their time and expertise to The Conversancy of Southwest Florida; and, WHEREAS, The Conservancy helps shape environmental policy in South Florida by participating in and monitoring more than 125 Southwest Florida environmental issues annually, and, WHEREAS, in addition to playing a key roll in environmental advocacy and protection, The Conservancy operates, in support of its mission, the Nap /es Nature Center, the Briggs Nature Center, the Wildlife Rehabilitation Center, and the Sea Turtle Monitoring and Protection Prn ect, and, WHEREAS, WHEREAS, WHEREAS, WHEREAS, The Consei adults and over /ocal also in reaching thousands of 0, assist in the" dai " functioning of- Cdnmrvaney, as museum n? desk vo/u hers,, store sales persontJw%' WAdlife care givers, special dock i iasters_� boat cobtains mailers, r' hln004r coordinators, office business leaders 2 The Conservancy of BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, CARTER, Ph. D., CHAIRMAN County, Florida, PROCLAMATION 5A2 WHEREAS, the Collier County Stormwater Management Department had submitted an app /ication for the Big Cypress Basin Cooperative Water Resources Projects; and, WHEREAS, the South Florida Water Management District has evaluated all responses in accordance with the criteria specified in the solicitation; and, WHEREAS, after careful consideration of Collier County's application and written pmposal, the South Florida Water Management District's review committee has selected Collier County as one of eight projects for funding in fiscal year 2001; and, WHEREAS, South Florida Water Management District is presenting Collier County with a check in the amount of $49, 000 for funding of the Gateway TrAatylgajq project. a- rntY Commissioners of r Water funding Ph. D., CHAIRMAN OWI6 E. BROCK, lit PROCLAMA TION5 A3 WHEREAS, teen smoking is on the rise nationally, and has been reduced in the State of Florida, due to the "truth" campaign; and, WHEREAS, more • than 4 million kids aged 12 -17 are current smokers and 3, 000 young people become regular smokers each day, and, WHEREAS, the Centers for Disease Control predicts more than 5 million young people under the age of 18 alive today will die prematurely from smoking- related diseases, unless current rates are reversed; and, WHEREAS, smoking - related illnesses already kill more than 400, 000 Americans each year, representing more deaths than from AIDS, alcohol, car accidents, murders, suicides, drugs and fires combined, and, WHEREAS, many of WHEREAS, the WHEREAS, rLyfol� V of 40671 ;x se h of trT cour� ,,,,`flurrd in osrtfpn t6 , vent PA LAIIIII DONE AND ORDERED THIS ATTEST: W E. BROCK, CLERK �;F the Board of that Apr' BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLO4P6A .u"s D. CAWF.Q, Ph. D., PROCLAMATION SAT WHEREAS, Cleveland Clinic Florida Hospital - Naples, one of the newest hospitals in Florida, is setting a new standard in patient care. Our hospital blends state of the art technology with hotel -like accommodations and, of course, world -class healthcare to the people of Southwest Florida; and, WHEREAS, we call our philosophy "Healing Hospitality". this revolutionary approach to care puts into practice our belief that a patients physical comfort and satisfaction facilitate the healing process; and, WHEREAS, Cleveland Clinic Florida - Naples incorporates a progressive approach to healthcare at a single medical campus and includes an extensive array of healthcare resources at one site; and, WHEREAS, in addition to part of Thy, most resper 4 U. NOW THEREF+t-6e it proefaied by athFo,r a� Co /let* bounty, /orida, thytar/t DAY and that F the hospital emp% community lea services. AL DONE AND ORDERED THIS 27th Day of March 2401 EST: DWI6 E. BROCK, CLERK Florida - Naples is q of the oldest and Ag country. Each 40 .'r own strict -s of as Z1� nded to the %`residents and exceptional healthcare BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FL FDA D. CARTER, Ph. D., CHAIRMAN MEMORANDUM Date: March 28, 2001 From: Teri Michaels, Deputy Clerk Minutes & Records Department Re: Resolution No. 2001 -95 Enclosed please find one certified copy as referenced above, approved by the Board of County Commissioners on March 27, 2001 (Agenda Item #8A1). If you should have any questions, please feel free to contact me at 774 -8406. Thank you. Enclosure (1) I Al RESOLUTION NO. 2001- 9 5 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, OPPOSING LEGISLATION TO RESCIND THE EMINENT DOMAIN AUTHORITY OF COLLIER COUNTY OR TO OTHERWISE RESTRICT OR LIMIT COLLIER COUNTY JURISDICTION OVER LOCAL WATER AND WASTEWATER UTILITIES. WHEREAS, in response to the request of the citizens of Collier County, on February 26, 1996, the County assumed regulatory jurisdiction over the investor -owned water and wastewater utilities operating in the County; and WHEREAS, the Collier County Utility and Franchise Regulation Department has actively and rapidly responded to the needs of investor -owned utilities and their customers since the County assumed regulatory jurisdiction; and WHEREAS, the quality of service to investor -owned utilities and their customers has greatly improved since the County assumed local regulatory jurisdiction; and WHEREAS, the right of eminent domain is a necessary and required right of County government to ensure the provision of safe, efficient and sufficient water and wastewater service to County residents; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Collier County, Florida, in regular meeting held this 27th day of March 2001 as follows: 1. The Board of County Commissioners of Collier County opposes any legislation which would diminish the jurisdiction of Collier County over local investor -owned water and wastewater utilities operating within the County; 2. The Board of County Commissioners of Collier County opposes legislation to take away or in any manner diminish the eminent domain authority of the County over water and wastewater utilities which it regulates, as is currently proposed in House Bill 949. 3. The Board of County Commissioners of Collier County requests that Collier County's local legislative delegation actively oppose any legislation which would affect Collier County's authority to regulate investor -owned utilities or take away or diminish the County's eminent domain power over any water or wastewater utility it regulates. 4. The Clerk of the Board of County Commissioners is hereby directed to forward a certified copy of this resolution to the following: Y' The Honorable Jeb Bush, Governor The Capitol Tallahassee, Florida 32302 Mary Day Carriseo, Executive Director Florida Association of Counties P.O. Box 549 Tallahassee, Florida 32302 And the Collier County Legislative Delegation composed of: The Honorable Steven A. Geller, Senator The Honorable Burt L. Saunders, Senator The Honorable Rafael Arza, Representative The Honorable Dudley J. Goodlette, Representative The Honorable Carole Green, Representative The Honorable Joseph R. Spratt 8A1 This Resolution shall become effective immediately upon its adoption. ATTEST: DWIGHT E BROCK, CLERK By: Deputy Clerk Attest as to Chairman's signature only. Approved as to form And legal sufficiency: D Thomas C. Palmer Assistant County Attorney BOARD OF COUNTY CAMMISSIONERS COLLI NTY, A JAMES ARTER, PH.D., CHAIRMAN 8N5 CONSTRUCTION, MAINTENANCE AND ESCROW AGREEMENT FOR SUBDIVISION IMPROVEMENTS BRIARWOOD UNIT 9 (AMENDED COPY /REPLACEMENT FOR FEBRUARY 9TH, 2001 VERSION) lf M THIS AGREEMENT entered into thisAly —tay of 1 d- !2—Lt+ 200L by Briarwood Development Corporation (hereinafter "Developer "), THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, (hereinafter "The Board ") and Gulf Coast National Bank (hereinafter "Lender "). RECITALS: A. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board of a certain plat of a subdivision to be known as: Briarwood Units 9. B. The subdivision will include certain improvements which are required by Collier County ordinance, as set forth in a site construction cost estimate ( "Estimate ") prepared by Butler Engineering, Inc., a copy of which is attached hereto and incorporated herein as Exhibit 1. For purposes of this Agreement, the "Required Improvements" are limited to those described in the Estimate. C. Sections 3.2.6.5.6 and 3.2.9.1 of the Collier County Subdivision Code Division of the Unified Land Development Code requires the Developer to provide appropriate guarantees for the construction and maintenance of Required Improvements. D. Lender has entered into a construction loan agreement with Developer dated April 28, 2000 (the "Construction Loan ") to fund the cost of the Required Improvements. E. Developer and the Board have acknowledged that the amount Developer is required to guarantee pursuant to this Agreement is $199,422.00, and this amount represents 110% of the Developer's engineer's estimate of the construction costs for the Required Improvements. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer, the Board and the Lender do hereby covenant and agree as follows: 1. Developer will cause the water, sewer, roads, drainage and like facilities, the Required Improvements, to be constructed pursuant to specifications that have been approved by the Development Services Director within 24 months from the date of approval of said subdivision plat. 2. Developer hereby authorizes Lender to hold $199,422.00 from the Construction Loan, in escrow, pursuant to the terms of this Agreement. 3. Lender agrees to hold in escrow $199,422.00 from the Construction Loan, to be disbursed only pursuant to this Agreement. Lender acknowledges that this Agreement shall not constitute a draw against the Construction Loan fund, but that only such funds as are actually disbursed, whether pursuant to this Agreement or a provision of the Construction Loan, shall accrue interest. The escrowed funds shall be released to the Developer only upon written approval of the Development Services Director who shall approve the release of the funds on deposit not more than once a month to the Developer, in amounts due for work done to date based on the percentage completion of the work multiplied by the respective work costs less ten percent (10 %); and further, that upon completion of the work, the Development Services Director shall approve the release of any remainder of escrowed funds except to the extent of $18,129.00 which shall remain in escrow as a Developer guaranty of maintenance of the Required Improvements for a minimum period of one (1) year pursuant to Paragraph 10 of the Agreement. However, in the event that Developer shall fail to comply with the requirements of this Agreement, then the Lender agrees to pay to the County immediately upon demand the balance of the funds held in escrow by the Lender, as of the date of the demand, provided that upon payment of such balance to the County, the County will have executed and delivered to the Lender in exchange for such funds a statement to be signed by the Development Services Director to the effect that: a) Developer for more than sixty (60) days after written notification of such failure to comply with the requirements of this agreement; b) The County, or its authorized agent, will complete the work called for under the terms of the above - mentioned contract or will complete such portion of such work as the County, in its sole discretion shall deem necessary in the public interest to the extent of the funds then held in escrow; c) The escrow funds drawn down by the County shall be used for construction of the Required Improvements, engineering, legal and contingent costs and expenses, and to offset any damages, either direct or consequential, which the County may sustain on account of the failure of the Developer to carry out and execute the above - mentioned development work; and, d) The County will promptly repay to the Lender any portion of the funds drawn down and not expended in completion of the said development work. 5. Written notice to the Lender by the County specifying what amounts are to be paid to the Developer shall constitute authorization by the County to the Lender for release of the specified funds to the Developer. Payment by the Lender to the Developer of the amounts specified in the letter of authorization by the County to the Lender shall constitute a release by the County and Developer of the Lender for the funds disbursed in accordance with the letter of authorization from the County. 6. The Required Improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with the final project records have been furnished to be reviewed and approved by the Development Services Director for compliance with the Collier County Subdivision Regulations. The Development Services Director shall, within sixty (60) days of receipt of the statement of substantial completion, either: a) notify the Developer in writing of his preliminary approval of the improvements; or b) notify the Developer in writing of his refusal to approve the improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the Director of the Required Improvements. However, in no event shall the Development Services Director refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. 8. Should the funds held in escrow be insufficient to complete the Required Improvements, the Board, after duly considering the public interest, may at its option complete the Required Improvements and resort to any and all legal remedies against the Developer. • 9. Nothing in this Agreement shall make the Lender liable for any funds other than those placed in deposit by the Developer in accordance with the foregoing provision; provided, that the Lender does not release any monies to the Developer or to any other person except as stated in this Escrow Agreement. 10. The Developer shall maintain all Required Improvement for one year after preliminary approval by the Development Services Director. After the one year maintenance period by the Developer and upon submission of a written request for inspection, the Development Services Director shall inspect the Required Improvements and, if found to be still in compliance with the Code as reflected by final approval by the Board, the Lender's responsibility to the Board under this Agreement is terminated. The Developer's responsibility for maintenance of the Required Improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. 11. All of the terms, covenants and conditions herein contained are and shall be binding upon the respective successors and assigns of the Developer. IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement, to be executed by their duly authorized representatives this 41711 day of ftj&QhLI, 20m�. SIGNED, ALED AND DELIVERED THE P NCE OF: BRIARWOOD DEVELOPMENT CORPORATION im J. nary Butler, PE Tracey K. Bastys Y: William Spine-11, President COAST NATIONAL BANK > i3 c'c' C r` FMAe DiEOMri e+f Vice President > L� SAC , `IFfiT., ors " BOARD OF COUNTY COMMISSIONERS 411 '� * ", `� COLLIER COUNTY, FLORIDA -,I�,WIGHT E O 'CLERK By. pu James D. C ,PhD., airman �r f g ved'as`' . orrh tid legal sufficiency: a Cif (r- W i Tr DavidC.`W'ei e County Attorney ESTIMATE OF PROBABLE CONSTRUCTION COST 8A5 BRIARWOOD UNIT 9 DRAINAGE 15" RCP QTY. UNI' COST PRICE POTABLE WATER 18" RCP 158 LF $22.05 CONNECT TO EXISTING 1 EA $850.00 $850.00 8" PVC DR 18 397 LF $17.95 $7,126.15 8" PVC DR 14 0 LF $19.25 $0.00 8" GV 4 EA $875.00 $3,500.00 FIRE HYDRANT 2 EA $2,325.00 $4,650.00 8" BLOWOFF 0 EA $1,695.00 $0.00 TEMP. BSP 1 EA $1,150.00 $1,150.00 4" PVC CONDUIT 169 LF $5.75 $971.75 TESTING 1 EA $1,200.00 $1,200.00 TOTAL WATER REMOVE 36" RCP 123 EA $19,447.90 DRAINAGE 15" RCP 342 LF $19.50 $6,669.00 18" RCP 158 LF $22.05 $3,483.90 36" RCP 147 LF $56.50 $8,305.50 48" RCP 158 LF $79.10 $12,497.80 GRATE INLET 1 EA $1,585.00 $1,585.00 THROAT INLET 2 EA $1,795.00 $3,590.00 ]UNCTION BOX 2 EA $2,035.00 $4,070.00 15" HEADWALL 0 EA $1,260.00 $0.00 18" HEADWALL 0 EA $1,360.00 $0.00 36" HEADWALL 1 EA $2,375.00 $2,375.00 48" HEADWALL 1 EA $3,955.00 $3,955.00 REMOVE 36" RCP 123 EA $12.00 $1,476.00 REMOVE 48" RCP 0 EA $12.00 $0.00 REMOVE 36" HEADWALL 1 EA $1,150.00 $1,150.00 REMOVE 48" HEADWALL 1 EA $1,250.00 $1,250.00 TOTAL DRAINAGE $50,407.20 PAVING 1" ASPHALT S -III 3369 SY $2.25 $7,580.25 .5" ASPHALT S -III OVERLAY 3369 SY $2.15 $7,243.35 6" BASE 3369 SY $4.30 $14,486.70 12" STABILIZED SUBGRADE 4163 SY $2.25 $9,366.75 VALLEY GUTTER 1796 LF $5.40 $9,698.40 EARTHWORK SILT FENCE 1080 LF $1.50 $1,620.00 TYPE A CURB 8A5 900 LF $9.35 $8,415.00 TYPE E CURB 135 LF $8.50 $1,147.50 TYPE D CURB 80 LF $11.55 $924.00 HANDICAP RAMPS 0 LS $300.00 $0.00 STRIPING AND SIGNAGE 1 LS $2,500.00 $2,500.00 SOD STRIP 1 LS $560.00 $560.00 SEED /MULCH 1 LS $500.00 $500.00 SIDEWALK 876 LF $5.40 $4,730.40 PCP 1 LS $1,000.00 $1,000.00 TOTAL PAVING 1 EA $600.00 $68,152.35 EARTHWORK SILT FENCE 1080 LF $1.50 $1,620.00 CLEARING 0.8 AC $3,350.00 $2,680.00 EXOTIC REMOVAL 4.22 AC $4,500.00 $18,990.00 SOD LAKE SLOPES 0 SF $0.14 $0.00 PERIMETER SWALE /BERM 0 LF $5.00 $0.00 TOTAL EARTHWORK 3 EA $2,050.00 $23,290.00 SANITARY SEWER CONNECT TO EXIST 1 EA $1,100.00 $1,100.00 8" PVC 0 -6' 477 LF $15.85 $7,560.45 8" PVC 6 -8' 0 LF $19.25 $0.00 8" PVC 10 -12' 0 LF $23.75 $0.00 8" PVC 12 -14' 0 LF $30.65 $0.00 4' MANHOLE 0 -6' 3 EA $2,050.00 $6,150.00 4' MANHOLE 6 -8' 0 EA $2,825.00 $0.00 4' MANHOLE 8 -10' 0 EA $3,750.00 $0.00 6" PVC LATERAL 250 LF $11.90 $2,975.00 6" CLEANOUT 7 EA $230.00 $1,610.00 TV 1 EA $600.00 $600.00 BLASTING 0 LS $31,300.00 $0.00 TOTAL SANITARY SEWER $19,995.45 TOTAL $181,292.90 SUBDIVISION BOND 100% $181,292.90 10% $18,129.29 110% 1 $199,422.19 CONSTRUCTION, MAINTENANCE AND ESCROW AGREEMENT FOR SUBDIVISION IMPROVEMENTS BRIARWOOD UNIT 10 (AMENDED COPY /REPLACEMENT FOR FEBRUARY 9TH, 2001 VERSION) q4 THIS AGREEMENT entered into this07- i— day of MWA 2001 by Briarwood Development Corporation (hereinafter "Developer "), THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, (hereinafter "The Board ") and Gulf Coast National Bank (hereinafter "Lender "). RECITALS: A. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board of certain plat of a subdivision to be known as: Briarwood Unit 10. B. The subdivisions will include certain improvements which are required by Collier County ordinance, as set forth in a site construction cost estimate ( "Estimate ") prepared by Butler Engineering, Inc., a copy of which is attached hereto and incorporated herein as Exhibit 1. For purposes of this Agreement, the "Required Improvements" are limited to those described in the Estimate. C. Sections 3.2.6.5.6 and 3.2.9.1 of the Collier County Subdivision Code Division of the Unified Land Development Code requires the Developer to provide appropriate guarantees for the construction and maintenance of Required Improvements. D. Lender has entered into a construction loan agreement with Developer dated April 28, 2000 (the "Construction Loan ") to fund the cost of the Required Improvements. E. Developer and the Board have acknowledged that the amount Developer is required to guarantee pursuant to this Agreement is $450,553.00, and this amount represents 110% of the Developer's engineer's estimate of the construction costs for the Required Improvements. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer, the Board and the Lender do hereby covenant and agree as follows: 1. Developer will cause the water, sewer, roads, drainage and like facilities, the Required Improvements, to be constructed pursuant to specifications that have been approved by the Development Services Director within 24 months from the date of approval of said subdivision plat. 2. Developer hereby authorizes Lender to hold $450,553.00 from the Construction Loan, in escrow, pursuant to the terms of this Agreement. 3. Lender agrees to hold in escrow $450,553.00 from the Construction Loan, to be disbursed only pursuant to this Agreement. Lender acknowledges that this Agreement shall not constitute a draw against the Construction Loan fund, but that only such funds as are actually disbursed, whether pursuant to this Agreement or a provision of the Construction Loan, shall accrue interest. The escrowed funds shall be released to the Developer only upon written approval of the Development Services Director who shall approve the release of the funds on deposit not more than once a month to the Developer, in amounts due for work done to date based on the percentage completion of the work multiplied by the respective work costs less ten percent (10 %); and further, that upon completion of the work, the Development Services Director shall approve the release of any remainder of escrowed funds except to the extent of $40,959.00 which shall remain in escrow as a Developer guaranty of maintenance of the Required Improvements for a minimum period of one (1) year pursuant to Paragraph 10 of the Agreement. However, in the event that Developer shall fail to comply with the requirements of this Agreement, then the Lender agrees to pay to the County immediately upon demand the balance of the funds held in escrow by the Lender, as of the date of the demand, provided that upon payment of such balance to the County, the County will have executed and delivered to the Lender in exchange for such funds a statement to be signed by the Development Services Director to the effect that: a) Developer for more than sixty (60) days after written notification of such failure to comply with the requirements of this agreement; b) The County, or its authorized agent, will complete the work called for under the terms of the above - mentioned contract or will complete such portion of such work as the County, in its sole discretion shall deem necessary in the public interest to the extent of the funds then held in escrow; c) The escrow funds drawn down by the County shall be used for construction of the Required Improvements, engineering, legal and contingent costs and expenses, and to offset any damages, either direct or consequential, which the County may sustain on account of the failure of the Developer to carry out and execute the above - mentioned development work; and, d) The County will promptly repay to the Lender any portion of the funds drawn down and not expended in completion of the said development work. 5. Written notice to the Lender by the County specifying what amounts are to be paid to the Developer shall constitute authorization by the County to the Lender for release of the specified funds to the Developer. Payment by the Lender to the Developer of the amounts specified in the letter of authorization by the County to the Lender shall constitute a release by the County and Developer of the Lender for the funds disbursed in accordance with the letter of authorization from the County. 6. The Required Improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with the final project records have been furnished to be reviewed and approved by the Development Services Director for compliance with the Collier County Subdivision Regulations. 7. The Development Services Director shall, within sixty (60) days of receipt of the statement of substantial completion, either: a) notify the Developer in writing of his preliminary approval of the improvements; or b) notify the Developer in writing of his refusal to approve the improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the Director of the Required Improvements. However, in no event shall the Development Services Director refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. 8. Should the funds held in escrow be insufficient to complete the Required Improvements, the Board, after duly considering the public interest, may at its option complete the Required Improvements and resort to any and all legal remedies against the Developer. • Al 9. Nothing in this Agreement shall make the Lender liable for any funds other than those placed in deposit by the Developer in accordance with the foregoing provision; provided, that the Lender does not release any monies to the Developer or to any other person except as stated in this Escrow Agreement. 10. The Developer shall maintain all Required Improvement for one year after preliminary approval by the Development Services Director. After the one year maintenance period by the Developer and upon submission of a written request for inspection, the Development Services Director shall inspect the Required Improvements and, if found to be still in compliance with the Code as reflected by final approval by the Board, the Lender's responsibility to the Board under this Agreement is terminated. The Developer's responsibility for maintenance of the Required Improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. 11. All of the terms, covenants and conditions herein contained are and shall be binding upon the respective successors and assigns of the Developer. IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement, to be executed by their duly authorized representatives this day of m R , 20o t . SIGNED, EALED AND DELIVERED THE P ENCE OF: J. ary Butler, PE BRIARWOOD DEVELOPMENT CORPORATION By: od William Spinel i, President GULF COAST NATIONAL BANK t l By. President BOARD OF COUNTY COMMISSIONERS sC ,� COLLIER COUNTY, FLORID �D 1,IGH fi 1 B%6C1 ,4LERK By: t: eputy Chrk �' James D. er, PhD., Chairman `U t4 ckimaA S only. .d a t r and egal sufficiency: n`1 a'*.P y 'f av County Attorney CC_ ESTIMATE OF PROBABLE CONSTRUCTION COST BRIARWOOD UNIT 10 566 LF $ Ab 18" RCP 0 LF $22.05 $0.00 36" RCP QTY. UNIT COST PRICE POTABLE WATER 224 LF $ 79.10 $17,718.40 CONNECT TO EXISTING 1 EA $850.00 $850.00 8" PVC DR 18 2163 LF $17.95 $38,825.85 8" PVC DR 14 80 LF $19.25 $1,540.00 8" GV 3 EA $875.00 $2,625.00 FIRE HYDRANT 6 EA $2,325.00 $13,950.00 8" BLOWOFF 1 EA $1,695.00 $1,695.00 TEMP. BSP 2 EA $1,150.00 $2,300.00 4" PVC CONDUIT 411 LF $5.75 $2,363.25 TESTING 0 EA $1,200.00 $0.00 TOTAL WATER 0 EA $1,150.00 $64,149.10 DRAINAGE 15" RCP 566 LF $19.50 $11,037.00 18" RCP 0 LF $22.05 $0.00 36" RCP 0 LF $56.50 $0.00 48" RCP 224 LF $ 79.10 $17,718.40 GRATE INLET 3 EA $1,585.00 $4,755.00 THROAT INLET 6 EA $1,795.00 $10,770.00 ]UNCTION BOX 2 EA $2,035.00 $4,070.00 15" HEADWALL 2 EA $1,260.00 $2,520.00 18" HEADWALL 1 EA $1,360.00 $1,360.00 36" HEADWALL 0 EA $2,375.00 $0.00 48" HEADWALL 0 EA $3,955.00 $0.00 REMOVE 36" RCP 0 EA $12.00 $0.00 REMOVE 48" RCP 75 EA $12.00 $900.00 REMOVE 36" HEADWALL 0 EA $1,150.00 $0.00 REMOVE 48" HEADWALL 1 EA $1,250.00 $1,250.00 TOTAL DRAINAGE $54,380.40 PAVING 1" ASPHALT S -111 5281 SY $2.25 $11,882.25 .5" ASPHALT S -111 OVERLAY 5281 SY $2.15 $11,354.15 6" BASE 5281 SY $4.30 $22,708.30 12" STABILIZED SUBGRADE 6649 SY $2.25 $14,960.25 VALLEY GUTTER 3904 LF $5.40 $21,081.60 TYPE A CURB 8A6 TYPE E CURB TYPE D CURB HANDICAP RAMPS STRIPING AND SIGNAGE SOD STRIP SEED /MULCH SIDEWALK PCP TOTAL PAVING EARTHWORK SILT FENCE CLEARING EXOTIC REMOVAL SOD LAKE SLOPES PERIMETER SWALE /BERM TOTAL EARTHWORK SANITARY SEWER CONNECT TO EXIST 8" PVC 0 -6' 8" PVC 6 -8' 8" PVC 10 -12' 8" PVC 12 -14' 4' MANHOLE 0 -6' 4' MANHOLE 6 -8' 4' MANHOLE 8 -10' 6" PVC LATERAL 6" CLEANOUT TV BLASTING TOTAL SANITARY SEWER TOTAL SUBDIVISION BOND 100% 10% 110% 0 LF $9.35 1 5 LF $8.50 0 LF $11.55 2 LS $ 300.00 1 LS $3,980.00 1 LS $1,215.00 0 LS $1,000.00 1 897 LF $5.40 1 LS $1,000.00 1620 LF 18.05 AC 2.23 AC 39600 SF 1680 LF 1 EA 826 LF 391 LF 427 LF 259 LF 3 EA 1 EA 3 EA 740 LF 23 EA 0 EA 1 LS $1.50 $3,350.00 $4,500.00 $0.14 $ 5.00 $1,100.00 $15.85 $19.25 $23.75 $ 30.65 $2,050.00 $2,825.00 $3,750.00 $11.90 $230.00 $1,200.00 $31,300.00 $0.00 $42.50 $0.00 $600.00 $1,480.00 $1,215.00 $1,000.00 $10,243.80 $1,000.00 $97,567.85 $2,430.00 $60,467.50 $10,035.00 $5,544.00 $8,400.00 $86,876.50 $1,100.00 $13,092.10 $7,526.75 $10,141.25 $7,938.35 $6,150.00 $2,825.00 $11,250.00 $8,806.00 $ 5,290.00 $1,200.00 $31,300.00 $106,619.45 $409,593.301 $409,593.30 $40,959.33 $450,552.63 WOW INTERLOCAL AGREEMENT FOR EMERGENCY SEWER INTERCONNECT This Agreement is made and entered into between the City of Naples, Florida, a Florida municipal corporation (hereinafter "CITY" and the Board of County Commissioners of Collier County, Florida, as the Governing Body of Collier County and as Ex- Officio the Governing Board of the Collier County Water -Sewer District (hereinafter together referred to as the "COUNTY ". WHEREAS, COUNTY is currently experiencing an emergency situation created by hydraulic overload at its North County Water Reclamation Facility; and WHEREAS, CITY and COUNTY, as neighboring local governments, agree that it is in the best interest of the public's health and safety to provide adequate and reliable collection and treatment of sewage; and WHEREAS, CITY as a neighboring local government with existing sewer treatment facilities that may be capable of furnishing limited sewer service to COUNTY, agrees to enter into an agreement outlining the terms upon which CITY will furnish sewer service to COUNTY; and NOW, THEREFORE, it is agreed: 1. Subject to the terms of this Agreement, CITY agrees to provide to COUNTY such sewer service as is available within the CITY wastewater system that is over and above the needs and demands of the CITY and the customers of its sewer service area, provided the service does not adversely affect City's customers. 2. Sewer service under this Agreement will be provided through a temporary Interconnect at a mutually agreed upon location. The CITY prior to any construction will approve the design. All costs for design and construction of The Interconnect will be borne by the COUNTY. 3. Prior to completion of construction, COUNTY shall provide data to the CITY that provides reasonable assurance to the satisfaction of the CITY's Administrator that The Interconnect will not interfere with the CITY's ability to maintain regulatory compliance including, but not limited to, the presence of industrial wastes, heavy metals, or anything else that may degrade sludge or upset treatment plant processes at the CITY. 4. Subsequent to completion of construction of The Interconnect, the COUNTY will own and will be responsible for, maintenance, repair, removal, and /or replacement of that portion of The interconnect up to the isolation valve on the CITY's side. The CITY will own and control the isolation valve, but the COUNTY will be responsible for maintenance, repair, removal, or replacement of the valve. All costs related to this section will be borne by the County. 5. The Interconnect shall be designed to include provisions for a locking device on the isolation valves so that each party can have individual keyed access. Each party shall have sole access to its locking device for its valve operator which, when opened, provides sewer service to, or receives sewer service from, the other party. 6. Sewer service provided by CITY to COUNTY under the provisions of this Agreement shall be only that sewer service needed to provide temporary assistance in the event COUNTY has an emergency need for sewer service, subject to service availability in the CITY'S system. Sewer service shall be provided subject to the following conditions: 03/16/01 Page 1 8C2 r a. The two parties shall designate a member of its permanent staff who shall receive all requests, and who shall have the authority to summarily approve or disapprove the respective request(s). b. Each request for emergency sewer service shall be acted upon in good faith and in a prompt and timely manner by both parties. Time is of the essence in such matters. The CITY is not obligated to accept any specific volumes of wastewater, and termination of service shall occur when the emergency need for the respective emergency sewer service no longer exists, or when the CITY, in its absolute discretion, determines that an adverse impact is occurring or is likely to occur. C. The COUNTY shall exercise prompt and diligent efforts to eliminate its need for emergency sewer service. 7. It is mutually agreed that whenever sewer service is provided by the CITY under the terms of this Agreement, the COUNTY shall pay the CITY for all sewer service provided at the rate of $1.94 per thousand gallons plus a 25 percent surcharge, plus a base charge of $2,600 per month or portion of a month. 8. This Agreement shall remain in full force and effect for ninety (90) days from the date of this Agreement and shall be renewable upon mutual written agreement by both parties, except that ownership and control of The Interconnect shall remain in place as provided in Paragraph 4. 9. If any condition or provision contained in this Agreement is held to be invalid by any court of competent jurisdiction, such invalidity shall not affect any other condition or provision and does not materially prejudice either party in its respective rights and obligations contained in the remaining valid conditions or provisions of this Agreement. 10. No waiver of any breach of this Agreement shall be held to be a waiver of any other subsequent breach. 11. Disputes under this Agreement will be resolved through binding arbitration by an arbitrator to be appointed by the Chief Judge of the 20th Judicial Circuit Court. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the respective dates under each signature: COLLIER COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and through its Chairma thorized to execute same by Board Action on the C?02r day ofA; and CITY OF NAPLES through its CITY COUNCIL, signing by and through its Mayor, authorized to execute same by Council action on the Z_ ,t,\- day 2001. `DATED: 4."..e ,Z; 00/ BOARD OF COUNTY COMMISSIONERS OF, ATTEST:: COLLIER COUNTY, FLORIDA, AND AS THE Dwight B Brock, Clerk GOVERNING BODY OF COLLIER COUNTY e►,,,. G� Attest as -to Chairman's signature only. AND AS EX- OFFICIO THE GOVERNING BOARD OF COLLIER CO TYIWATER- SENOR , By: Date: , Ph.D., Chairman 03/16/01 Page 2 Approve as to form and legal sufficiency: f--1 Thomas C. Palmer, Assistant County Attorney ATTEST: City Clerk Approved as to form and legal sufficiency: r City Attorney 8C2 NAPLES CITY COUNCIL OF NAPLES, FLORIDA Bonnie R. MacKenzie, Mayor Date: f' 12- 3 1240 1 03/16/01 Page 3 8C2 I Book 116 - Page Agenda Item 20 meeting of 3/21/01 RESOLUTION 01 -9128 A RESOLUTION APPROVING AN INTERLOCAL Ate' FOR ENZRGEHCY SEWER INTERCONNECT BETWEEN THE CITY OF NAPLES AND COLLIER COMM; AUTHORIZING THE MAYOR TO EXECUTE TS$ AG=MgNT; AND PROVIDING AN ZFFECTIVE DATE. WHEREAS, the County is currently experiencing an emergency situation created by hydraulic overload at its North County Water Reclamation Facility; and WHEREAS, the City and the County, as neighboring local governments, agree that it is in the public's best interest to provide adequate and reliable collection and treatment of sewage; and WHEREAS, the City and the County desire to provide for sewer service needs for their respective wastewater collection and treatment systems during an emergency period of reduced availability from their normal sources; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OS NAPLES, FLORIDA: Section 1. That the Interlocal Agreement for Emergency Sewer Interconnect between the City of Naples and Collier County is hereby approved, a copy of which is attached hereto as Exhibit "A ", and the Mayor is authorized to execute the agreement. section 2. This resolution shall take effect immediately upon adoption. PASSED IN OPEN AND REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF NAPLES, FLORIDA, THIS 21ST DAY OF MARCH, 2001. Bonnie R. MacKenzie, MaybrJj Attest: Approved as to form and legality: A J� `rJ Tara A. Norman, City Clerk. Beverly Grady, Ci y Attorney M: \REF \COUNCIL \RES \01 -9128 Date filed with City Clerk: &-as- o/ APR, 2.2001 12:42PM DECKER & POLIAKOFF NO,0637 P. 3 Right of Entry/Temuorary Easement Agreement 8 C 2 TMS AGREEMENT is made and entered into this- -I day of � '`L 2001. by and between the Board of County Comnussioners for Collier County, Florida, a political subdivision of the State of Florida and ex- officio the governing board of the Collier County Water -Sewer District (hereinafter referred to as the "County ") and World Tennis Club, Inc. ("Owner"), to give, grant, bargain and release to County, a temporary easement to enter upon and use lands of the Owner as follows: Legal description: A parcel of land in the Southwest Quarter of Section 13, T49S, R25E, known as the "World Tennis Center." Mailing Address: 4802' Airport- Pulling Rd. N., Naples, Florida. Bound by: That portion of "Land" of the World Teams Center, West boundary the East R/W of Airport- Pulling Road property, East boundary the East boundary of the SFWMD canal casement, North boundary ceiterline of Europa Drive, South boundary a line 70 feet south of the centerline of Europa Drive, as shown on the Sketch provided as Exhibit A. THIS EASEMENT is granted upon for the purpose of temporary use of the existing bridge to support a temporary pipe across the drainage canal at the entrance to World Tennis Club, and also for access for construction, maintenance, removal, and restoration: Specifically, to install, operate and remove a temporary, emergency pipeline to interconnect the City and County wastewater collection systems. The existing wooden beams supporting the existing bridge at E)lropa Drive Tvill be used to support an aerial crossing over the SFWMD drainage canal. Construction will also involve excavation along the canal bank next to the bridge, vehicular and construction equipment access across the bridge, possible lane closure to traffic across the bridje but keeping at least one lane open to traffic at all tunes; also, installation and removal of a new piping. THIS TEMPORARY EASEMENT is being granted upon the condition that (1) the Work shall not extend beyond the limits outlined above; (2) that existing structures will be protected from damage; and (3) that existing improvements, including, but not limited to, structures, slopes, landscaping, and grades be maintained and fully restored to their pre- existing condition, or better than their pre - existing condition, upon removal of temporary interconnect. County shall provide the services of a Florida Registered Struc=. al Engineer as needed to certify that the bridge has been fully restored to better than, ox equal to, its tire- existing condition. County agrees to pay, or reimburse Owner, for any and all reasonable costs incurred by World Tennis Club, Inc., related to this Agreement within thirty days of receipt of appropriate supporting documentation. THIS TEMPORARY EASEMENT shall expire upon the removal of the temporary piping and complete restoration, or automatically witbiu one year from the date of this .A,greemc nt, whichever occurs first. County shall maintain the insurance coverages shown on EXHIBIT B attached hereto and shall cause Owner to be an additional insured with respect to the General Liability coverage shown on EXHIBIT B during the. term of this agreement. 04/02/01 iiON 12:21 [TX /R% No 98091 APR. 2.2001 12:42PM BECKER & POLIAKOFF i NO.0637 P. 4 C 2 OR: 2801 PG. 1796 The County hereby agrees to the extent permitted by law to judemnify and hold harmless the Owner, its successors and assigns, their elected and appointed officers, employees and/or agents, from any and all claims and/or suits whatsoever for damages to property and/or injuries to persons, including death, and from all judgments, court costs, attomoys' fees, fees of experts and witnesses, and from all other direct and/or related expenses arising out of the any of the access or uses bereby granted to the County. This Agreement shall be binding upon and inure to the benefit of the pasties hereto and their respective successors and/or assigns. IN WI'T'NESS WHEREOF, the parties hereto have executed this Right of Entry/Temporary Easement Agreement as of the day and year first written above. Signed in the presence of the following two witnesses: (Signature of Witness) v Printed nazn.e of Witness (Signature of Witness) 2, a.P 6"G�- printedname of Witness OWNER'S REPRYSENTATIVE By: . ine K„ Hembree, President of World Tennis Club, Inc. BOARD OF COUNTY COMMISSIONERS COLLIER. COUNTY, FLORIDA, A,5 ' GOVERNING BODY OF THE COUNTY AS EX- OFFICIO THE GOVERNX&6$10Y OF THE COLLIER COUNTY yVA'T FtTI » l l ' DISTRICT Hy:v� By. �es s to Chairaan's 7ameS Comer,PhM., Chairman Clerk signature only. 3 /17 /6/ Approved as to form and 1 gal sufficiency: v Thomas Palmer, Assistant County Attorney 2 05/02/01 MON 12:21 1TX./RX NO 98091 TddLi0T0 aON3xA.IM TNT o� N v a J V 3N1-1 'M'O'2! w 3 U U r3'W= AMId 1016T /C0 WV1S 31tl(1 EXHISIT A' OR; 2801 PG: 1797 1 *- o (,kiNf100 2!311100) S NIVN 30NOd OAd „9 l'1SIXj > J Z Q.�I O QI M Q O 4�y. I I own < U Vc O �rJ O �� o U� J N w W O N I O~ SRI i L� ' Z 4- 11J o O J O <(� 1- U N ( ON O I I p (S31dVN JO J 10) f N1VN 302104 ,O L *iSIX3 In I Z — NIVN ?J3!VW ,0Z'1SIX3 � OI _ _ Q 0 � LL- X O. _ WW I -~ hA o D > ..s- Z O `C W �.. W t1- O CC > >-j —� CO z Y Q �� - - - - -- O W U- U > —I i.f) W W ab'Ot� o Q U JNl Ind - L vodl iv o - ~o ° ? z W W - Z U1 z O U WV) W CL of CC 4 W CL = CO �w Z W rr�CC LLI ~ W \> W.x = CON~ Wp�( 1 OJ JW w > o IizO U I ~m > 'SN0 Ld U- U U� w 11 • Lf i z a- � Q I- CO X � CLO_ p ° r.CL X Y(nn U) 1 *- o (,kiNf100 2!311100) S NIVN 30NOd OAd „9 l'1SIXj > J Z Q.�I O QI M Q O 4�y. I I own < U Vc O �rJ O �� o U� J N w W O N I O~ SRI i L� ' Z 4- 11J o O J O <(� 1- U N ( ON O I I p (S31dVN JO J 10) f N1VN 302104 ,O L *iSIX3 In I Z — NIVN ?J3!VW ,0Z'1SIX3 � OI _ _ Q 0 � LL- X O. _ WW I -~ hA o D > ..s- Z O `C W �.. W t1- O CC > >-j —� CO z Y Q �� - - - - -- O W U- U > —I i.f) W W ab'Ot� o Q U JNl Ind - L vodl iv o - ~o ° ? of LL, i° �0 Ln wwm " OJ JW w > o U U� rorn. Sara H. Todd, AAI At: Insurance and Risk Mr nagernent Services, Inc. To: Marilyn EXHIBIT "Brr *** OR: 2801pPG%3/0111:43AkM :. r. F am ACORD CERTIFICATE 4F LIABILITY INSURANCE OP ID ST OA7!(MMlO COLLI 2 04/03/3/ 01 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Insurance and Risk Management ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Services, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 3200 Bailey Lane #105 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE Naples FL 34105 -8506 Phone: 941- 649 -1444 Fax:941- 649 -7933 INSURED INSURER P: Northfield Insurance Ccm3pany INSURER 8 Collier Couaty Government Risk Management Department 3301 Tamlaml Trail E, #F Naples FL 34112 N3URCR C: INSURER D: INSUREr, E'. • COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED- NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OFANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TOALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAYHAVE BEEN REDUCED BY PAID CLAIMS, INSR LTR TYPE OF INSURANCE POLICY NUMSlR POLICY EFFECTIVE DATE MIDONY ) POLICY EXPIRATION DATE MMI DlYY LIMITS GENERAL LIABILITY FACH Or:C11RRFACF s 2, 000, 000 • $ COMMERCIAL GENERAL LIABIUTY AA101264 10/01/00 10/01101 FIFE DAMAGE(Any -, rre) f CLAIMS MADE El OCCUR NED EXP (Anyone persoi) g 1,000 FCR30NAL&AOVINJURY 82,000,000 S.I.R. $100,000 GENERAL AGGREGATE g 6,000,000 G =N'L AGGREGATE UMITAPPLIES PER: PRODUCTS COMWCPA3G $ 2,000, 000 HJUCY PR T 71 Lou _.. AUTOIACOLELIABILITY CCM311JED SINGLE UMIT 11000,000 • $ ANY AUIO AA101264 10/01/00 10/01/01 (ES accident) r EODL"IN.URY - -- ALL OWP ED AUT0.c SCHEDULED AUTOS (Per persor) $ EODL"'IN.URY' ___.. H RFD AI rTOS NON- O'AMCD AUrO3 (Per aCCldentl $ Comprehensive ACV SUBJECT TO SIR OF FROPERTI DANAGE $ Collision ACV I$ $ $100,000 (Per acrid" GARAGE LIABILITY AUTO ONLY - EA ACCIDENT g OTHER. THAN EA ACC —AUTO y AUTO ONLY: AG'G EXCUSE LIABILITY EACH OCCURRENCE $ AG3REGA7E g OCCUR ❑ ClA1M5 MADE $ DEDUCTBLE g —... RETENTION S WORKERS COMPENSATION AND $ T— STATU- OTH- TORY LIMI-� ER - A EMPLOYERS'LIABILITY AA101264 10/01/00 10 /01 /01 E.L.EAC-IACCIDENT $ 400,000 S.I.R. .${100,000 C.L.D13CA3C- CACMPLOYCC $ 400,000 E.L. DISEASE - PCUCY LIMIT g 400 000 OTHER DGSCFUP'nON OF OPERATIONS ).00ATIONS"HICLBSMXCLUSIONS ADDED BY GNDORSOONTISPECI L PROVISIONS Porkers Compensation S.I.R. $150,000; General Liability S.I.R. $150,000; Automobile Liability S.I.R. $100,000. S.I.R.'s are included within the Limits of Liability shown. Additional Insured with respects to the General Liability. CERTIFICATE HOLDER 114 I ADDITIONAL INSURED;PISURERLETTER: CANCELLATION World Tennis Club, Inc. 4802 Airport Pulling Rd North Naples FL 34105 ACORD 25-5 (7197) WORLTE2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THGRUOF, THE ISSUING INSURER WILL UNDIAVOR TO MALL .10_ DAYC WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TD DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR REPRESENTATIYES, AUTHORIZED REPRESENTATIVE © ACORD CORPORATION 1988 � � CITIZENS FOR PUBLIC ACCESS AND USE 9 ii We the Undersigned recognize and support the need to maintain Florida's environment in Collier County. However, while numerous outdoor areas and parks exist in Collier County, not all needs and interests of the County's population are being considered. There is a large and growing segment of the population who enjoy camping, hunting and riding off -road vehicles. Current efforts to maintain the environment in Collier County will prohibit these activities by preventing access to areas where these activities are currently possible, or by taking away the areas themselves through buyout. We the Undersigned petition the United States Federal Government, the State of Florida, Florida Governor Jeb Bush, the Army Corp of Engineers, Southwest Florida Water Management, the Big Cypress Basin Board, the Department of Environmental Protection, the State of Florida Division of Forestry, the Florida Wildlife Federation, the Audubon Society, the Conservancy of Southwest Florida, the State of Florida Department of Agriculture, the Natural Resources Conservation Service, the Environmental Advisory Committee, the Collier County Planning Commission and the Board of Collier County Commissioners to stop prohibiting access to areas such as Picayune Strand State Forest, Southern Golden Gate Estates via Miller Road, Everglades Boulevard and Sabal Palm Road Extension, and to stop buying out areas such as Northern Golden Gate Estates for environmental conservancy purposes. DATE 1. 16( 2. 3. lc U 4.31�a1 s. 3 /r7 o� 3l U) ey 01 8. 3 Io. 13 //q o/ PRINT NANIE C L �A(cWc �A&o SleAte, HGu't i [7i1,/t ADDRESS ayo 5�r-oc n o- CCU (]h A) c-) ✓1 Q I - -Jeep e r ee t���z Z•�r-f ups 31 �r L n w'`'a4 Ukvz SIGN NAME ,fz i �c n �� -- �c2t4 &-705� Ft 1ci,vC� IMa roe v r Aft, fAm:lltw+ 1 6 A, b - er:5- 1br I CITIZENS FOR PUBLICOACCESS AND USE � + A We the Undersigned recognize and support the need to maintain Florida's environment in Collier County. However, while numerous outdoor areas and parks exist in Collier County, not all needs and interests of the County's population are being considered. There is a large and growing segment of the population who enjoy camping, hunting and riding off -road vehicles. Current efforts to maintain the environment in Collier County will prohibit these activities by preventing access to areas where these activities are currently possible, or by taking away the areas themselves through buyout. We the Undersigned petition the United States Federal Government, the State of Florida, Florida Governor Jeb Bush, the Army Corp of Engineers, Southwest Florida Water Management, the Big Cypress Basin Board, the Department of Environmental Protection, the State of Florida Division of Forestry, the Florida Wildlife Federation, the Audubon Society, the Conservancy of Southwest Florida, the State of Florida Department of Agriculture, the Natural Resources Conservation Service, the Environmental Advisory Committee, the Collier County Planning Commission and the Board of Collier County Commissioners to stop prohibiting access to areas such as Picayune Strand State Forest, Southem Golden Gate Estates via Miller Road, Everglades Boulevard and Sabal Palm Road Extension, and to stop buying out areas such as Northern Golden Gate Estates for environmental conservancy purposes. DATE 1. 2. 3. ✓ V i 4. 6. Y- /11 7. Ve/ s. 3— r � `a 9. 14. 15. �tID PRINT NAME ADDRESS 2WAd 071ij;W !n9AI, e.10-0 r rS t 6 1 4 SU Z 3372x' IvAl 4;L4 A.1 IV YKR- 70? 6 v� rf ff�i $ � fJLI e.vu f hl -S 3 U pax CITIZENS FOR PUBLIC ACCESS AND USE � 9A We the Undersigned recognize and support the need to maintain Florida's environment in Collier County. However, while numerous outdoor areas and parks exist in Collier County, not all needs and interests of the County's population are being considered. There is a large and growing segment of the population who enjoy camping, hunting and riding off -road vehicles. Current efforts to maintain the environment in Collier County will prohibit these activities by preventing access to areas where these activities are currently possible. or by taking away the areas themselves through buyout. We the Undersigned petition the United States Federal Government, the State of Florida, Florida Governor Jeb Bush, the Army Corp of Engineers, Southwest Florida Water Management, the Big Cypress Basin Board, the Department of Environmental Protection, the State of Florida Division of Forestry, the Florida Wildlife Federation, the Audubon Society, the Conservancy of Southwest Florida, the State of Florida Department of Agriculture, the Natural Resources Conservation Service, the Environmental Advisory Committee, the Collier County Planning Commission and the Board of Collier County Commissioners to stop prohibiting access to areas such as Picayune Strand State Forest, Southern Golden Gate Estates via Miller Road, Everglades Boulevard and Sabal Palm Road Extension, and to stop buying out areas such as Northern Golden Gate Estates for environmental conservancy purposes. DATE It 2. 2. 3 3 �� . 4. 5. 6. 7. J— // — Yam r a. 9. 10. 1 t — PRINT NAME ADDRESS ,�tJ A' �- �'uJ� Jb� 1y02Nt �✓� s RAP /Y *,vim yG/�IT'Fi�c� E 1i P G L vy-, Q" 2 ,/00y 0a kS b 2 PX L �yo ca /?-A �Jc % 11,4 fit 1 ;J-7 Z PJA emt-o t om 1? 11. -i I o 89tL4G4mj 4�I NNW L 12. 11—y/ - Cam,L 3k134l 14. 15. L` vl C CITIZENS FOR PUBLIC ACCESS AND USE � 9A We the Undersigned recognize and support the need to maintain Florida's environment in Collier County. However, while numerous outdoor areas and parks exist in Collier County, not all needs and interests of the County's population are being considered. There is a large and growing segment of the population who enjoy camping, hunting and riding off -road vehicles. Current efforts to maintain the environment in Collier County will prohibit these activities by preventing access to areas where these activities are currently possible, or by taking away the areas themselves through buyout. We the Undersigned petition the United States Federal Government, the State of Florida, Florida Governor Jeb Bush, the Army Corp of Engineers, Southwest Florida Water Management, the Big Cypress Basin Board, the Department of Environmental Protection, the State of Florida Division of Forestry, the Florida Wildlife Federation, the Audubon Society, the Conservancy of Southwest Florida, the State of Florida Department of Agriculture, the Natural Resources Conservation Service, the Environmental Advisory Committee, the Collier County Planning Commission and the Board of Collier County Commissioners to stop prohibiting access to areas such as Picayune Strand State Forest, Southern Golden Gate Estates via Miller Road, Everglades Boulevard and Sabal Palm Road Extension, and to stop buying out areas such as Northern Golden Gate Estates for environmental conservancy purposes. DATE 1. a/ 2. 4. 6� 5. 6. 0 ,, $. ro 07 9. Zip D f 10. 11. 3 o 12. t o 14. 15. 3 ►� o PRINT NA11NI IWO G. r; 0- &I-X70 ADDRESS " ,� 1�v &r it / Dql �-,! G Yr3 ,Cbar 53 17 ,4). CO3t,#U1vAJK( Z!4 /Omq '�✓ /� .3 3rd zcn-,�� ,7g,— LJ- 444 .,I V,�� -- Z4 o td eL 3(h3 -qr 4ne= L TV- / D so c �ox-T.crrrc.c J S ogros ` l L k, CITIZENS FOR PUBLIC ACCESS AND USE I 9A We the Undersigned recognize and support the need to maintain Florida's environment in Collier County. However, while numerous outdoor areas and parks exist in Collier County, not all needs and interests of the County's population are being considered. There is a large and growing segment of the population who enjoy camping, hunting and riding off -road vehicles. Current efforts to maintain the environment in Collier County will prohibit these activities by preventing access to areas where these activities are currently possible, or by taking away the areas themselves through buyout. We the Undersigned petition the United States Federal Government, the State of Florida, Florida Governor Jeb Bush, the Army Corp of Engineers, Southwest Florida Water Management, the Big Cypress Basin Board, the Department of Environmental Protection, the State of Florida Division of Forestry, the Florida Wildlife Federation, the Audubon Society, the Conservancy of Southwest Florida, the State of Florida Department of Agriculture, the Natural Resources Conservation Service, the Environmental Advisory Committee, the Collier County Planning Commission and the Board of Collier County Commissioners to stop prohibiting access to areas such as Picayune Strand State Forest, Southern Golden Gate Estates via Miller Road, Everglades Boulevard and Sabal Palm Road Extension, and to stop buying out areas such as Northern Golden Gate Estates for environmental conservancy purposes. DATE 1. 3- 0 2. 3,10 3. _ 0 4. 5. 3 - o 6.�� 7.3v �' 6 8. 9.,,3 10. 11. 12. 14. 15. PRINT NAME ARM ADDRESS SIGN NANIE A 3 C-//,Y Y Pa ���,�� /��,�>r /el-I . 7Y i a &, t; i:: 19L )q 4 ("% i u 600 (9�-V u - &ve � �c-\o &OR GV1� `SUJ 9, t� -Do Am 146"A) S" cCZ &o-rte A -� 41�Lt r-1�4 'y <�n 0XI r/ rM. / Td -, �; � CITIZENS FOR PUBLIC ACCESS AND USE 9A � We the Undersigned recognize and support the need to maintain Florida's environment in Collier County. However, while numerous outdoor areas and parks exist in Collier County, not all needs and interests of the County's population are being considered. There is a large and growing segment of the population who enjoy camping, hunting and riding off -road vehicles. Current efforts to maintain the environment in Collier County will prohibit these activities by preventing access to areas where these activities are currently possible, or by taking away the areas themselves through buyout. We the Undersigned petition the United States Federal Government, the State of Florida, Florida Governor Jeb Bush, the Army Corp of Engineers, Southwest Florida Water Management, the Big Cypress Basin Board, the Department of Environmental Protection, the State of Florida Division of Forestry, the Florida Wildlife Federation, the Audubon Society, the Conservancy of Southwest Florida, the State of Florida Department of Agriculture, the Natural Resources Conservation Service, the Environmental Advisory Committee, the Collier County Planning Commission and the Board of Collier County Commissioners to stop prohibiting access to areas such as Picayune Strand State Forest, Southern Golden Gate Estates via Miller Road, Everglades Boulevard and Sabal Palm Road Extension. and to stop buying out areas such as Northern Golden Gate Estates for environmental conservancy purposes. DATE PRINT NAME 2. 3. 6l C.� 1'1(1 z ADDRESS V I f, / s. �hh I 6. 7. o 8 �D ►��hh'e �rc5 I- n Om l A V:�ELA/\L 9. 10. 3-10 Pat i i armo 7b Gt V s CITIZENS FOR PUBLIC ACCESS AND USE. L 9 A We the Undersigned recognize and support the need to maintain Florida's environment in Collier County. However, while numerous outdoor areas and parks exist in Collier County, not all needs and interests of the County's population are being considered. There is a large and growing segment of the population who enjoy camping, hunting and riding off -road vehicles. Current efforts to maintain the environment in Collier County will prohibit these activities by preventing access to areas where these activities are currently possible, or by taking away the areas themselves through buyout. We the Undersigned petition the United States Federal Government, the State of Florida, Florida Governor Jeb Bush, the Army Corp of Engineers, Southwest Florida Water Management, the Big Cypress Basin Board, the Department of Environmental Protection, the State of Florida Division of Forestry, the Florida Wildlife Federation, the Audubon Society, the Conservancy of Southwest Florida, the State of Florida Department of Agriculture, the Natural Resources Conservation Service, the Environmental Advisory Committee, the Collier County Planning Commission and the Board of Collier County Commissioners to stop prohibiting access to areas such as Picayune Strand State Forest, Southern Golden Gate Estates via Miller Road, Everglades Boulevard and Sabal Palm Road Extension, and to stop buying out areas such as Northern Golden Gate Estates for environmental conservancy purposes. DATE l.3i 3. 4. 5. —�` 6. 3 I 7. 6 s. lo. 3 11. 12. 9—R'Ol 14. '-Cl —f) 15. PRINT NAME r� ELV4y M e-eA y /J• si%cJl?R 7 ���Nn JGOaS S sly r� mac_ S ©'C© ADDRESS /�> r2- - y -117r S�C XLN- 3IlooA 4 -Ss 4t/ 5439 Fe 0WMff1-10Wf!,,*K .0 =0-4 SS" l To,�G1 y s'bc�tC3.L �i.�d • - �r�.�--=— � -.-- -� 7KC V114 V—* SO rtSc,r 12ca DUI ` S't, hC-a� t l —(, pW i f CITIZENS FOR PUBLIC ACCESS AND USE 9 We the Undersigned recognize and support the need to maintain Florida's environment in Collier County. However, while numerous outdoor areas and parks exist in Collier County, not all needs and interests of the County's population are being considered. There is a large and growing segment of the population who enjoy camping, hunting and riding off -road vehicles. Current efforts to maintain the environment in Collier County will prohibit these activities by preventing access to areas where these activities are currently possible, or by taking away the areas themselves through buyout. We the Undersigned petition the United States Federal Government, the State of Florida, Florida Governor Jeb Bush, the Army Corp of Engineers, Southwest Florida Water Management, the Big Cypress Basin Board, the Department of Environmental Protection, the State of Florida Division of Forestry., the Florida Wildlife Federation, the Audubon Society, the Conservancy of Southwest Florida, the State of Florida Department of Agriculture, the Natural Resources Conservation Service, the Environmental Advisory Committee, the Collier County Planning Commission and the Board of Collier County Commissioners to stop prohibiting access to areas such as Picayune Strand State Forest, Southern Golden Gate Estates via Miller Road, Everglades Boulevard and Sabal Palm Road Extension, and to stop buying out areas such as Northern Golden Gate Estates for environmental conservancy purposes. DATE 2. 3 2- Of 3. ' 6N 4. 3 f o s. �'01 �} 6. V� s. 9.�r 10. Ito rsV 12. 3 14. PRINT NAME � r aZ-,C,) �- K-O !'r`r`.eJ Dos eoeK�e 15. 3 a � Lc +� ADDRESS c242o ,2i 2 3 3Y-f-A 54'1- WA. 1 rl "; �/cr q(65 --6r� 4-ve &i - r� it f i `j A CITIZENS FOR PUBLIC ACCESS AND USE We the Undersigned recognize and support the need to maintain Florida's environment in Collier County. However, while numerous outdoor areas and parks exist in Collier County, not all needs and interests of the County's population are being considered. There is a large and growing segment of the population who enjoy camping, hunting and riding off -road vehicles. Current efforts to maintain the environment in Collier County will prohibit these activities by preventing access to areas where these activities are currently possible, or by taking away the areas themselves through buyout. We the Undersigned petition the United States Federal Government, the State of Florida, Florida Governor Jeb Bush, the Army Corp of Engineers, Southwest Florida Water Management, the Big Cypress Basin Board, the Department of Environmental Protection, the State of Florida Division of Forestry, the Florida Wildlife Federation, the Audubon Society, the Conservancy of Southwest Florida, the State of Florida Department of Agriculture, the Natural Resources Conservation Service, the Environmental Advisory Committee, the Collier County Planning Commission and the Board of Collier County Commissioners to stop prohibiting access to areas such as Picayune Strand State Forest, Southern Golden Gate Estates via Miller Road, Everglades Boulevard and Sabal Palm Road Extension, and to stop buying out areas such as Northern Golden Gate Estates for environmental conservancy purposes. DATE 1. G 11xrov I 2. 7 — '2-0 —Oi 3. 4. -lt?l 5. 7. 7 .21 e 8. 3 1 1of 9.3i��� 10.� 11. 12✓ / V 14.�3I� -1 �oI 15. �l�( PRINT NAME ADDRESS 9J, 119 w" 5 w G-i2 e 6 oic Y l2 0 Lti e/L 2 7 ..t 6,Pc r?.4i1iii��v TAD 4 ,, h' / 72�- OJ Pr , C .� It ' SO vl /FEZ tl�� fosv /3-x SIGN NATVIE i � t9 ,A CITIZENS FOR PUBLIC ACCESS AND USE We the Undersigned recognize and support the need to maintain Florida's environment in Collier County. However, while numerous outdoor areas and parks exist in Collier County, not all needs and interests of the County's population are being considered. There is a large and growing segment of the population who enjoy camping, hunting and riding off -road vehicles. Current efforts to maintain the environment in Collier County will prohibit these activities by preventing access to areas where these activities are currently possible, or by taking away the areas themselves through buyout. We the Undersigned petition the United States Federal Government, the State of Florida, Florida Governor ]eb Bush, the Army Corp of Engineers, Southwest Florida Water Management, the Big Cypress Basin Board, the Department of Environmental Protection, the State of Florida Division of Forestry, the Florida Wildlife Federation, the Audubon Society, the Conservancy of Southwest Florida, the State of Florida Department of Agriculture, the Natural Resources Conservation Service, the Environmental Advisory Committee, the Collier County Planning Commission and the Board of Collier County Commissioners to stop prohibiting access to areas such as Picayune Strand State Forest, Southern Golden Gate Estates via Miller Road, Everglades Boulevard and Sabal Palm Road Extension, and to stop buying out areas such as Northern Golden Gate Estates for environmental conservancy purposes. DATE PRINT NAME , _3 -2 1, ay 2. 3. x-22 r 4. . 314�Wol 5. `/ f 6. 7.3 -� -01 8. -22 1 9. j 10.3'P 3 -,0/ 11.3�� -ot 12. ADDRESS lie, 6 It-k /J--� L", r 046exi, A3, C-- 0 aem ,!gorAl ;r2reeS4r,/. �2D !c?` - Aye,�tQ , /y 7.s` 177X s 7sw f:5-4A 7�v rp(n�h� Charles 14. 1"Y 15. J lot Rca 2Vl Va el4 SOr. SIGN NAryIE l� 7y � si�� 3�S r P1 • �aJ 7 S`T ((6 5Y ,5CJ L/ IV //-0- -.r'l-- tao P A� [ 2ra p gel r ce C CIL) CITIZENS FOR PUBLIC ACCESS AND USE We the Undersigned recognize and support the need to maintain Florida's environment in Collier County. However, while numerous outdoo, areas and parks exist in Collier County, not all needs and interests of the County's population are being considered. There is a large and growing segment of the population who enjoy camping, hunting and riding off -road vehicles. Current efforts to maintain the environment in Collier County will prohibit these activities by preventing access to areas where these activities are currently possible. or by taking away the areas themselves through buyout. We the Undersigned petition the United States Federal Government, the State of Florida, Florida Govemor Jeb Bush, the Army Corp of Engineers, Southwest Florida Water Management, the Big Cypress Basin Board, the Department of Environmental Protection, the State of Florida Division of Forestry, the Florida Wildlife Federation, the Audubon Society, the Conservancy of Southwest Florida, the State of Florida Department of Agriculture, the Natural Resources Conservation Service, the Environmental Advisory Committee, the Collier County Planning Commission and the Board of Collier County Commissioners to stop prohibiting access to areas such as Picayune Strand State Forest, Southern Golden Gate Estates via Miller Road, Everglades Boulevard and Sabal Palm Road Extension, and to stop buying out areas such as Northern Golden Gate Estates for environmental conservancy purposes. DATE 1. 2. 3. 1 4.%9 5._ 7.J ` s. .4-26 9. 10. 12. Z o 14. Y�20 15. Y01v PRINT NAME ADDRESS m rn t c.he-l.1 � 3LA (p i k!�Acre-'QE , 'C� 43 r i; I ar o>> S .23 Rt> < 5 970 �e-p Le,& IAD -1vA Sv njr �57� Stl,Aue.Sc�J mV -� V % m-aw � I i Hal r 4�1 ME T d cS.IC7 CITIZENS FOR PUBLIC ACCESS AND USE 9A _ We the Undersigned recognize and support the need to maintain Florida's environment in Collier County. However, while numerous outdoor areas and parks exist in Collier County, not all needs and interests of the County's population are being considered. There is a large and growing segment of the population who enjoy camping, hunting and riding off -road vehicles. Current efforts to maintain the environment in Collier County will prohibit these activities by preventing access to areas where these activities are currently possible, or by taking away the areas themselves through buyout. We the Undersigned petition the United States Federal Government, the State of Florida, Florida Governor Jeb'Dush, the Army Corp of Engineers, Southwest Florida Water Management, the Big Cypress Basin Board, the Department of Environmental Protection, the State of Florida Division of Forestry, the Florida Wildlife Federation, the Audubon Society, the Conservancy of Southwest Florida, the State of Florida Department of Agriculture, the Natural Resources Conservation Service, the Environmental Advisory Committee, the Collier County Planning Commission and the Board of Collier County Commissioners to stop prohibiting access to areas such as Picayune Strand State Forest, Southern Golden Gate Estates via Miller Road, Everglades Boulevard and Saba] Palm Road Extension, and to stop buying out areas such as Northern Golden Gate Estates for environmental conservancy purposes. DATE PRINT NAIWE ADDRESS SIGN NAME oE A -�4 iCN C,v Cam/ ? -� -► J - 2. �' Z E -L S Sit TL �K) S- -�a 3. 4. " tR(4 4up4er 02.50 0 CLVVN!y- A] 6. �. 3 I:?- g. 3 /[a.- 9. 10. 11.~ 12. 14. 15. �/ s - ?-,� r - 0- r r1r cc A, m;chP 1 ucd/w &(—ts le d Ciq rA C� a3ar 60- 01- /4v-Q- /0 c 3S8/ W" PfJE u a tf -id y'l 4, ,, AfT' r I � � �e CITIZENS FOR PUBLIC ACCESS AND USE g _ However, while numerous we the Undersigned recognize and support the ecd 10 nt t'u to :rests cf the �y's poPuet a County. being considered, There is a outdoor arcas and parks exist in Collier County, c in hurt and riding off-road vehicles. Current efforts to Maintain the lino aad growing segtnent of the populati on who enjoy g� envirournent in Collier County will prohibit these g ies by prevetting access to areas where these activities tiro currently possible. of by taking away the areas themselves through buyout. State of We the Undersigned petition the United States Federal Governamt, the Baair Po d�the DFlepartment of Snviroturt+ental protection, the of Engineers, Southwest Florida Water Maaagernent, the Big CYPmls State of Florida Division of Forestry, the Florida Wulife Federation, the Audubon Society, duo Conservancy of Adv�s� Comnuttte, the State of Florida Department of Agriculture, the Natural ReUier C,o oty (; 'mmis Service, the Collier County Planting Commission Gate Estates and via Miller oad Everglades Pmt evardand Saba Palm Road Exunsion, picayune Strand State Forest, Southern Golden and to stop buying out areas such as Northeni Golden Gate Estates for environmental conservancy purposes. c■'�� Nsass DATE 1. 3- BAD� z. 3 6 I 4.31D/ f'3 /4�/I-z a3 9. lo. -3, / T 41- 31 PRINT NAME APPRMS 58513th Vy F-q 14./ 15. Ss�a_ J AL 1 CITIZENS FOR PUBLIC ACCESS AND USE However, while numerous not all needs and iateresss c f the Counr�r's population are being considered. 1 hert is a Ve :ltie undersigned rewgsiize and support the need to tnaititaiu Flotnda's env�uroaraneat irk C ^.oilier county ,utdoor arena and parks exist in Collier County, and riding off-road vehicles. Current efforts to maintain the uge and growing segment of the population who enjoy camping, hutititig g :avirotttitettt in Collier County will prohibit these activities by preventing access to areas where these activities are currently possible, n 5y taking away the areas themselves through buyout. ment the State of'Florida, srtrneat of Bnvironmental Protection, the We the Undersigned petition the United Scs`tesemenc�che 9i Cypress B sirs Board, the Dp Florida Governor Jeb9ush, the Army Corp of Sogineers, Southwest Florida Water Man88 the Conservancy of Southwest Florida, State of Florida Division of Forestry, the Florida Wildlife Federation, the Audubon Society, the State of Florida Department of Agriculture, the Natural Resources my Ct Jades Service, the F.sivirosttrieatal Advisory Cornmirno, the Coilier County Plaiming Commission and the Board Cv�al'1r�4 li ler Roa3Ev lerglades 8rni everd and Sabal Palm Road Extension. picayune Strand State Forest, Southern Golden Gate Estates and to stop buying out areas such as Northern Golden Gate Estates for environmental conserv:utcy purposes. cQMN NAME RAC 1. lq-6 2. 4,/ a 3. :�b �L It14 I LO 6. 93 P ,t NAME ADDS§ r, S (-tkc'- So, _Iz- . Llak �o �C ll, 5; 5 s— _ a (.r�l.Ktle ��2' i IL i J�0 /yes i IU- �t 5/40 Z "I IC-, �1�1 �' �au - �-- - �- 9A '" CITIZENS FOR PUBLIC ACCESS AND USE t it Collier County However, while numerous not all neteds ass intsreats of the County's Population are beuig considered. There is a vote the Underslgnnct re,:ogx�iu: and suppon iPue need to msirr<ain F'la►ida's aiaruoasaner► outdoor areas snd parks exist in COliiar t,;.oiu�ty, it hued and iidia� oi'f- -road vehicles. Current affor% to moiwain the lergs od growing segm4nt of the papulatxon Who enjoy camp �, aavuoarne at in Collier County will prohibit titasn actin +res by preventing accn8t' to areas whex¢ these aCttvittb8 or3 currently pots' s. W yy taking away the areas themselves (tough buyout. Florida Governor ,k►bBtish. the Army Corp We the Undersigned Petition the United States Federal 0ove'm. t, she State Uf Florida, amt of g�,�orunental protection, the of Eo`lnaets, So Florida Water Managontrent, the S'S Cyp� Sasix L•i�ard, alts e the ConseavanaY of Southwest Flonda, radon Service, the Environmmtol Advisory Committee, Stan of Florida Division of Forestry. iba FSorida�WNtld'tii'= fear � Caanser•• then 3oci�y� t a state of Fkrido Depemnertt of Agriculture, � k Cptlier es Coy �tnrriissiont�ra to stop Prohibiting aaceas to areas such as the Coilier County platutittg Commission and the Hoard ^` Ades Boulevard nand Sobel palm Road Exteatioti. Picayune Strand Sate Forest, Southern Golden Gate Estates vu Miller Road, E'+etgl and to stop buying out areas such us Northern Golden Gate Estates for envirotinuental conser'vanc'y Fuposes. AULLM tw3. a� Otis 21., Li 3k 31 17 o c tit. a -- 11. o� li. 19 1 1� -�- 1S. 3t(q f y vivi 0*1 31 C, b 6 o Irby, 071e-�- 81 Vd W _.4 - c4M/ s ``,tom _- • , 19A CITIZENS FOR PUBLIC ACCESS AND USE HOwever, while numerous we ttte Undersign < :d re�ognite and summon the need to msiiYtaii� Florida's et, f � e Co n ty,s Collier �n a being ccnaidrred. There is a outdoor areas and parks exist :n Collier County, not all need$ and ,mere gnd .id' g ff road fvehicles- Current efforts 10 maintain the Inge and growing segrrsent �)f the population who enjoy camp ngevcnrin acc�:tts to areas where these activities are currently possible, environment in Collier County will prohibit these activ ties by preventing or by wing away the $toss themselves through buy0nt. Corp We the undersigned petition the United States Federal Govemtnortt, the State of Florida, Florida Governor B>nv Juba m the otecticn, the of Eoginee:s, Southwest Florida Water Management, the Sig Cypress Basin dtkbo , o L3aP State of Florida Division of Forestry, the Florida Wildlife Federation, the Audubon Society, to En � ntalAdvisory Committee, tie State of Florida Department of ASticulture, the Natural Resources Conservation Service, the Collier County planniutS Commission and the Bo&rd o'" Collier er Road, I�r'.tvmergkaaes Bottlevard srtd Sabal Pa0m Road Extension. Picayune Strand State Forest, Southern Golden GAtc and to stop buying ou: areas such us Nortlten► bolder. Gate Estates for enviraimental conservancy putposes. DATE F_1UNT NAME Api) S Slt'aN WANE t, Z, 3, s O I 4. Z/ O_._. s. 3 U ao�o� 5. 4. 3 -'�e.a ]0 ()D ©r 12 14. L Is w I,S ST JL) CITIZENS FOR PUBLIC ACCESS AND USE 9A We the Undersigned recognize and support the need to maintain Florida's environment in Collier County. However, while numerous outdoor areas and parks exist in Collier County, not all needs and interests of the County's population are being considered. There is a large and growing segment of the population who enjoy camping, hunting and riding off -road vehicles. Current efforts to maintain the environment in Collier County will prohibit these activities by preventing access to areas where these activities are currently possible, or by taking away the areas themselves through buyout. We the Undersigned petition the United States Federal Government, the State of Florida, Florida Governor Jeb Bush, the Army Cotp of Engineers, Southwest Florida Water Management, the Big Cypress Basin Board, the Department of Environmental Protection, the State of Florida Division of Forestry, the Florida Wildlife Federation, the Audubon Society, the Conservancy of Southwest Florida, the State of Florida Department of Agriculture, the Natural Resources Conservation Service, the Environmental Advisory Committee, the Collier County Planning Commission and the Board of Collier County Commissioners to stop prohibiting access to areas such as Picayune Strand State Forest, Southern Golden Gate Estates via Miller Road, Everglades Boulevard and Sabal Palm Road Extension, and to stop buying out areas such as Northern Golden Gate Estates for environmental conservancy purposes. DATE PRINT NAME ADDRESS CD 2. .Y / ©� �K,b el 3. 4. 5. 6. lU aol Lvc�S ��� l�/� �a,�/( 33 a 0 7. �- 8. 9. G Q e 11. 3 O I 121ed Qk A t -A a# f 0 m ,3 J 7 4VAfAU1 d6 12. 7 l d 14. J 15. 0 SIGN NAME /I CITIZENS FOR PUBLIC ACCESS AND USE I / A We the Undersigned recognize and support the need to maintain Florida's environment in Collier County. However, while numerous outdoor areas and parks exist in Collier County, not all needs and interests of the County's population are being considered. There is a large and growing segment of the population who enjoy camping, hunting and riding off -road vehicles. Current efforts to maintain the environment in Collier County will prohibit these activities by preventing access to areas where these activities are currently possible, or by taking away the areas themselves through buyout. We the Undersigned petition the United States Federal Government, the State of Florida, Florida Governor Jeb Bush, the Army Corp of Engineers, Southwest Florida Water Management, the Big Cypress Basin Board, the Department of Environmental Protection, the State of Florida Division of Forestry, the Florida Wildlife Federation, the Audubon Society, the Conservancy of Southwest Florida, the State of Florida Department of Agriculture, the Natural Resources Conservation Service, the Environmental Advisory Committee, the Collier County Planning Commission and the Board of Collier County Commissioners to stop prohibiting access to areas such as Picayune Strand State Forest, Southern Golden Gate Estates via Miller Road, Everglades Boulevard and Sabal Palm Road Extension, and to stop buying out areas such as Northern Golden Gate Estates for environmental conservancy purposes. DATE PRINT NAME ADDRESS 4�7 / /x, /� 2. �o o �,1�� --r:,2 fL tic k4 wo? 3. 31/0/0/ 4. U D / s. l 0 6 6. -�>' 10 -01 7. t'S 161 01 s. 4, a�—) 10.3 �JDO/ 11. -3 ) ()-UI 12. )-100 14. 3 15. lD D/ RMALorif, 10 „/, ,� 'fit cbQrl bzaLr se G I pc,. � I - SIGN N Wwrpffl f'D ,� &3d C,hda r� Pd �Bvx co3�C'- ���I6�F 1 1) i( /0 3 1? CITIZENS FOR PUBLIC ACCESS AND USE 9 A e the Undersigned recognize and support the need to maintain Florida's environment in Collier County. However, while numerous outdoor areas and parks exist in Collier County, not all needs and interests of the County's population are being considered. There is a large and growing segment of the population who enjoy camping, hunting and riding off -road vehicles. Current efforts to maintain the environment in Collier County will prohibit these activities by preventing access to areas where these activities are currently possible. or by taking away the areas themselves through buyout. We the Undersigned petition the United States Federal Government, the State of Florida, Florida Governor Jeb Bush, the Army Corp of Engineers, Southwest Florida Water Management, the Big Cypress Basin Board, the Department of Environmental Protection, the State of Florida Division of Forestry, the Florida Wildlife Federation, the Audubon Society, the Conservancy of Southwest Florida, the State of Florida Department of Agriculture, the Natural Resources Conservation Service, the Environmental Advisory Committee, the Collier County Planning Commission and the Board of Collier County Commissioners to stop prohibiting access to areas such as Picayune Strand State Forest, Southern Golden Gate Estates via Miller Road, Everglades Boulevard and Sabal Palm Road Extension. and to stop buying out areas such as Northern Golden Gate Estates for environmental conservancy purposes. DATE PRINT NAME ADDRESS 2. 3. 4. r7� �����"' �" -' T) �+T Tr'G /V E 5. f 6. 7. s. 3-�e. 2 Svy / Pr��� Or 9. 11. r --. --, iz ,TerreT- D:eS 96, 12. 3 �" iii Ct°>f1_ 1 5r3 r d 4ye V t 14. 3 A // e / Cr 15. TZ (n aq-,) CITIZENS FOR PUBLIC ACCESS AND USE A t9 Undersigned recognize and support the need to maintain Florida's environment in Collier County. However, while numerous areas and parks exist in Collier County, not all needs and interests of the County's population are being considered. There is a large d growing segment of the population who enjoy camping, hunting and riding off -road vehicles. Current efforts to maintain the environment in Collier County will prohibit these activities by preventing access to areas where these activities are currently possible. or by taking away the areas themselves through buyout. We the Undersigned petition the United States Federal Government, the State of Florida, Florida Governor Jeb Bush, the Army Corp of Engineers, Southwest Florida Water Management, the Big Cypress Basin Board, the Department of Environmental Protection, the State of Florida Division of Forestry, the Florida Wildlife Federation, the Audubon Society, the Conservancy of Southwest Florida, the State of Florida Department of Agriculture, the Natural Resources Conservation Service, the Environmental Advisory Committee. the Collier County Planning Commission and the Board of Collier County Commissioners to stop prohibiting access to areas such as Picayune Strand State Forest, Southern Golden Gate Estates via Miller Road, Everglades Boulevard and Sabal Palm Road Extension, and to stop buying out areas such as Northern Golden Gate Estates for environmental conservancy purposes. 12. S 23-0 14J -a —o/ 1s. �2-3 0L 206ert: -t 6Z Is 308 13 rel A u w w ire, V1 0045hm PF17//" �;,, PF • �4�f'lS�i ee < � :7tt DATE PRINT NAME ADDRESS 2. ��,,,,_ �s Y-Y\ 3. j'ZZ-o y �uell�f�� 3q;?O 'e6 A"uF for 4. 1z�'�� y021 s. 6. 7. 3 G J n �, e,� `21646) 8 Z Z6 #e, (ock, 8. 3- x3_01 >ti- r-o,�. -�r�� .�►. 2 to �2 3 Lczis'&-x- 9. 2- 3-u( %��'C iC />1�PcoN� r l % /!? C.9/G >e //9r e r/ 10. -e TLkg6Lv ail 3 rd�, 11.01 12. S 23-0 14J -a —o/ 1s. �2-3 0L 206ert: -t 6Z Is 308 13 rel A u w w ire, V1 0045hm PF17//" �;,, PF • �4�f'lS�i ee < � :7tt :�, +- CITIZENS FOR PUBLIC ACCESS AND USE We the Undersigned recognize and support the need to maintain Florida's environment in Collier County. However, while numerous outdoor areas and parks exist in Collier County, not all needs and interests of the County's population are being considered. There is a large and growing segment of the population who enjoy camping, hunting and riding off -road vehicles. Current efforts to maintain the environment in Collier County will prohibit these activities by preventing access to areas where these activities are currently possible, or by taking away the areas themselves through buyout. We the Undersigned petition the United States Federal Government, the State of Florida, Florida Governor Jeb Bush, the Army Corp of Engineers, Southwest Florida Water Management, the Big Cypress Basin Board, the Department of Environmental Protection; the State of Florida Division of Forestry, the Florida Wildlife Federation, the Audubon Society, the Conservancy of Southwest Florida. the State of Florida Department of Agriculture, the Natural Resources Conservation Service, the Environmental Advisory Committee. the Collier County Planning Commission and the Board of Collier County Commissioners to stop prohibiting access to areas such as Picayune Strand State Forest, Southern Golden Gate Estates via Miller Road, Everglades Boulevard and Sabal Palm Road Extension, and to stop buying out areas such as Northern Golden Gate Estates for environmental conservancy purposes. DATE 4 2. 3- i9 -oi 3. - If -0' 4. 5. 7. 41,231671 s. 9. �3 10. 11. 12. T 14. L�`7 15. - #\ PRINT NAME ADDRESS SIGN NAME r �4c Mill LJWA �A vyt e p r e m wt,aa , g(, L�d(\Vt-(- O- e"::5, , ' 7 C c:)�.3 7� tug `f T a I � 7h�{ 2 ti•-s.D r3 /1 :. °W i��t��ax •. . va ne r:,:. -fe' yr..3�YLy.'14:i''R�. 114 CITIZENS FOR PUBLIC ACCESS AND USE ` 9A We the Undersigned recognize and support the need to maintain Florida's environment in Collier County. However, while numerous outdoor areas and parks exist in Collier County, not all needs and interests of the County's population are being considered. There is a large and growing segment of the population who enjoy camping, hunting and riding off -road vehicles. Current efforts to maintain the environment in Collier County will prohibit these activities by preventing access to areas where these activities are currently possible, or by taking away the areas themselves through buyout. We the Undersigned petition the United States Federal Government, the State of Florida, Florida Governor Jeb Bush, the Army Corp of Engineers, Southwest Florida Water Management, the Big Cypress Basin Board, the Department of Environmental Protection, the State of Florida Division of Forestry, the Florida Wildlife Federation, the Audubon Society, the Conservancy of Southwest Florida, the State of Florida Department of Agriculture, the Natural Resources Conservation Service, the Environmental Advisory Committee, the Collier County Planning Commission and the Board of Collier County Commissioners to stop prohibiting access to areas such as Picayune Strand State Forest, Southern Golden Gate Estates via Miller Road, Everglades Boulevard and Sabal Palm Road Extension, and to stop buying out areas such as Northern Golden Gate Estates for environmental conservancy purposes. DATE PRINT NAME ADDRESS 2. i I I O 1 Ali G EI.X� rE57X y8�s wws 6 y •e .. 4. 3 I� O) 5. 3) Ia 1 6.31��) 9. 72j b 10. 5)lel b' 11. '3[i9a1 12. -ta b 14. 15. `J,m SIGN NAME c \ J S-Z 7s �-- l � V �r� �oGvy,✓G M81,C -V 60Wi Af, xa. ; 'o 0 .I � Y • L ,Vpao ApAl aL '64a 3 64 rQ-,oZ,0a1 0A Te __ 1 d CITIZENS FOR PUBLIC ACCESS AND USE d recognize and support the need to maintain Florida's environment in Collier County. However, while nunlerOW, 09d parks exist in Collier County, not all needs and interests of the County's population are being considered. There is a )suing segment of the population who enjoy camping, hunting and riding off -road vehicles. Current efforts to maintain the in Collier County will prohibit these activities by preventing access to areas where these activities are currently possible, away the areas themselves through buyout. We the Undersigned petition the United States Federal Government, the State of Florida, Florida Governor Jeb Bush, the Army Corp of Engineers, Southwest Florida Water Management, the Big Cypress Basin Board, the Department of Environmental Protection, the State of Florida Division of Forestry, the Florida Wildlife Federation, the Audubon Society, the Conservancy of Southwest Florida, the State of Florida Department of Agriculture, the Natural Resources Conservation Service, the Environmental Advisory Committer. the Collier County Planning Commission and the Board of Collier County Commissioners to stop prohibiting access to areas such as Picayune Strand State Forest, Southern Golden Gate Estates via Miller Road, Everglades Boulevard and Sabal Palm Road Extension. .end to stop buying out areas such as Northern Golden Gate Estates for environmental conservancy purposes. DATE 3, 3. PRINT NA2NIE ADDRESS a"') 4/ 2,Sc 143 Af 1c; JAS 1 MM oK�(e2 SIGN NANIE VA 4. 5. '2 JC?c. X/ 4Q ( d. d l Q C ee- 6. �`� (saw �� D-J Y V/7 S 7. = of _ �� �� �� _� 3 V/ 10.3 = _ i �sJ NER 7' 4 • voX 2.7 t 12. bya i C11 14. ✓ L L" / IICGf/G �UA<svSck% /vX 3( a oc CITIZENS FOR PUBLIC ACCESS AND USE 1 9 A bb e the Undersigned recognize and support the need to maintain Florida's environment in Collier Counry. However, while numerous outdoor areas and parks exist in Collier County, not all needs and interests of the County's population are being considered. There is a large and growing segment of the population who enjoy camping, hunting and riding off -road vehicles. Current efforts to maintain dir environment in Collier County will prohibit these activities by preventing access to areas where these activities are currently possible, or by taking away [he areas themselves through buyout. We the Undersigned petition the United States Federal Government, the State of Florida, Florida Governor Jeb Bush, the Army Corp of Engineers, Southwest Florida Water Management, the Big Cypress Basin Board, the Department of Environmental Protection, the State of Florida Division of Forestry, the Florida Wildlife Federation, the Audubon Society, the Conservancy of Southwest Florida, the State of Florida Department of Agriculture, the Natural Resources Conservation Service, the Environmental Advisory Committee. the Collier County Planning Commission and the Board of Collier County Commissioners to stop prohibiting access to areas such as Picayune Strand State Forest, Southern Golden Gate Estates via Miller Road, Everglades Boulevard and Sabal Palm Road Extension, and to stop buying out areas such as Northern Golden Gate Estates for environmental conservancy purposes. DATE PRINT NAINIE (Ihm a. 5. 6. lot V 7. 9. 3— Zc3 ADDRESS M- (� 0: /' L/ SIGN NANIE A-1 10. 21Y ��e 41 In APi r) `� EYE 12. c`� a <-Nz -y / /� 15.,V 0 I�/"�.J CITIZENS FOR PUBLIC ACCESS AND USE 9A • recognize and support the need to maintain Florida's environment in Collier County. However, while numcruu, arks exist in Collier County, not all needs and interests of the County's population are being considered. There is a rng segment of the population who enjoy camping, hunting and riding off -road vehicles. Current efforts to maintain dtc - rronment in Collier County will prohibit these activities by preventing access to areas where these activities are currently possrble, or by taking away the areas themselves through buyout. We the Undersigned petition the United States Federal Government, the State of Florida, Florida Governor Je-b Bush, the Army Corp of Engineers, Southwest Florida Water Management, the Big Cypress Basin Board, the Department of Environmental Protection, the State of Florida Division of Forestry, the Florida Wildlife Federation, the Audubon Society, the Conservancy of Southwest Florida, the State of Florida Department of Agriculture, the Natural Resources Conservation Service, the Environmental Advisory Commirtee, the Collier County Planning Commission and the Board of Collier County Commissioners to stop prohibiting access to areas such as Picayune Strand State Forest, Southern Golden Gate Estates via Miller Road, Everglades Boulevard and Sabal Palm Road Extension, and to stop buying out areas such as Northern Golden Gate Estates for environmental conservancy purposes_ DATE "er PRINT NAME ADDRESS 3. 4 L JGjl�,c V e s. i'Q�bi c cl�avc.z �: 6. 7. 3 t� a. 3 12—. a. 2 10. 3 12. 3-a�O 14. 3 aL °I�a1 Lt�arr�tn l /1 _ 7 - } /,_ "- I`LL C> Lam; Sc)-) i��, I od tj ,SIGN NAM If 31qo 6•6. 1IVC1 �I rN15. - o D� IV CITIZENS FOR PUBLIC ACCESS AND USE 9A e Undersigned recognize and support the need to maintain Florida's environment in Collier County. However, while numerous do outor areas and parks exist in Collier County, not all needs and interests of the County's population are being considered. There is a large and growing segment of the population who enjoy camping, hunting and riding off -road vehicles. Current efforts to maintain the environment in Collier County will prohibit these activities by preventing access to areas where these activities are currently possible, or by taking away the areas themselves through buyout. We the Undersigned petition the United States Federal Government, the State of Florida, Florida Governor Jeb Bush, the Army Corp of Engineers, Southwest Florida Water Management, the Big Cypress Basin Board, the Department of Environmental Protection, the State of Florida Division of Forestry, the Florida Wildlife Federation, the Audubon Society, the Conservancy of Southwest Florida, the State of Florida Department of Agriculture, the Natural Resources Conservation Service, the Environmental Advisory Committee, the Collier County Planning Commission and the Board of Collier County Commissioners to stop prohibiting access to areas such as Picayune Strand State Forest, Southern Golden Gate Estates via Miller Road, Everglades Boulevard and Sabal Palm Road Extension, and to stop buying out areas such as Northern Golden Gate Estates for environmental conservancy purposes. DATE PRINT NAME 2. <1 3. Y 4. 3_ i ADDRESS vo• BOX . 3126 c 11Qkc�le�k� �- soR, S QL-A 12-1 SIGN NAME s. nA 1 Z 1 6. AV �� M �. �� III I k� A x -TeHe. C! A 1 1 Q Z33 8. -.�r �I o -e . ?" X11 r 9. 10. " 12. 14. �L-- ls.t ff' to 1,4 sr aasJK 1 I t �t �j� CITIZENS FOR PUBLIC ACCESS AND USE 9A We the Undersigned recognize and support the need to maintain Florida's environment in Collier County. However, while numerous outdoor areas and parks exist in Collier County, not all needs and interests of the County's population are being considered. There is a large and growing segment of the population who enjoy camping, hunting and riding off -road vehicles. Current efforts to maintain the environment in Collier County will prohibit these activities by preventing access to areas where these activities are currently possible, or by taking away the areas themselves through buyout. We the Undersigned petition the United States Federal Government, the State of Florida, Florida Governor Jeb Bush, the Army Corp of Engineers, Southwest Florida Water Management, the Big Cypress Basin Board, the Department of Environmental Protection, the State of Florida Division of Forestry, the Florida Wildlife Federation, the Audubon Society, the Conservancy of Southwest Florida, the State of Florida Department of Agriculture, the Natural Resources Conservation Service, the Environmental Advisory Committee, the Collier County Planning Conunission and the Board of Collier County Commissioners to stop prohibiting access to areas such as Picayune Strand State Forest, Southern Golden Gate Estates via Miller Road, Everglades Boulevard and Sabal Palm Road Extension, and to stop buying out areas such as Northern Golden Gate Estates for environmental conservancy purposes. DATE PRINT NAME 1. )! 2. 1-1 3. 4. l . 5. 6. Vl 7. 3�got s. `3 93 10. ADDRESS f' 0130X'7 2 V I nlM a y1T Jesse,'Re.gPe- .3x6 3 5+k Av-, W �.nr�uaA,<5 Z��4 Cup (" l�lo 37S 11 ►lr rA r'l on I CCorMl e-kC 3591 13'" fi e Sw ti 11. . 12. 14. 5 -rD 15. P. , , Wr M � I ) fa8 le'Sts� lea g fo`�s� -5E SIGN NAME r .4- _.•�_ PUBLIC ACCESS CITIZENS FOR PUB C ACC 55 AND US E 9A the Undersigned Icco ntzc and support the need to maintain Florida's environment in Collier County. However, while nuntcrou, outdWi areas and parks exist in Collier County, not all needs and interests of the County's population are being considered. There is t large and growtng segment of the population who enjoy camping, hunting and riding off -road vehicles. Current efforts to maintain Elie cuvirottrnent in Collier County will prohibit these activities by preventing access to areas where these activities are currently posstblr. ur by taking away the areas themselves through buyout. We the Undersigned petition the United States Federal Government, the State of Florida, Florida Govemor !eb Bush, the .army Corp of Engineers, Southwest Florida Water Management, the Big Cypress Basin Board, the Deparmment of Environmental Protection, the State of Florida Division of Forestry, the Florida Wildlife Federation, the Audubon Society, the Conservancy of Southwest Florida, the State of Florida Department of Agriculture, the Natural Resources Conservation Service, the Environmental Advisory Cornmittee. the Collier County Planning Commission and the Board of Collier County Commissioners to stop prohibiting access to areas such as Picayune Strand State Forest, Southern Golden Gate Estates via Miller Road, Everglades Boulevard and Sabal Palm Road Extension. and to stop buying out areas such as Northern Golden Gate Estates for environmental conservancy purposes. DATE o� 2.3 3. 4. 3 I b 7. ;-2z 8. 3- -0 9. ` —b! 123 a / 14. 15. PRINT NAINIE ADDRESS SIGN NAME XM,41V.,1f1c,^r rol n A Gale S —7 MCAMI-o si- G'Gx�r�lo 1 .�.� i� HO 14�\ �qj + 1 lYle� MeS (I ) �Y�q �r� 40Ck ��euP« �� nT 19A CITIZENS FOR PUBLIC ACCESS AND USE We the Undersigned recognize and support the need to maintain Florida's environment in Collier County. However, while numerous ouCdoor areas and parks exist in Collier County, not all needs and interests of the County's population are being considered. There is a large and growing segment of the population who enjoy camping, hunting and riding off -road vehicles. Current efforts to maintain the environment in Collier County will prohibit these activities by preventing access to areas where these activities are currently possible. or by taking away the areas themselves through buyout. We the Undersigned petition the United States Federal Government, the State of Florida, Florida Governor Jeb Bush, the Army Corp of Engineers, Southwest Florida Water Management, the Big Cypress Basin Board, the Department of Environmental Protection, the State of Florida Division of Forestry, the Florida Wildlife Federation, the Audubon Society, the Conservancy of Southwest Florida, the State of Florida Department of Agriculture, the Natural Resources Conservation Service, the Environmental Advisory Committee. the Collier County Planning Commission and the Board of Collier County Commissioners to stop prohibiting access to areas such as Picayune Strand State Forest, Southern Golden Gate Estates via Miller Road, Everglades Boulevard and Saba] Palm Road Extension. and to stop buying out areas such as Northern Golden Gate Estates for environmental conservancy purposes. DATE 1. 3//,=� 2 A t 5.31�� 6. 37 N O t r 7 7.� =off 8. 9. 10. Is O 11.3 12.3'-/5 "O1 14 -3 /6 /0/ 15. /4 O PRINT NANIE r1V �' 42Ae- c- -y1s To 1-4 e mti s�1�5bk�.. for ,2.et, q -Aclwr, �tctnc'1-�-Z La���0 -7—// Z -)", f(e s e ✓ Zrc ?A 4, ,,-,t �, gaze- ywalefoey, �4,4),I&Kjv5 ADDRESS SIGN NAME �A %3(7X))�la-wA- • 0.1 2 fame -ilgdz S ale— NO 3) sf sr- s W - 7, 0 Yf �e Z ke �%�/ 0/� , CITIZENS FOR PUBLIC ACCESS AND USE r 9 A recognize and support the need to maintain Florida's environment in Collier County. However, while numerous ks exist in Collier County, not all needs and interests of the County's population are being considered. There is a segment of the population who enjoy camping, hunting and riding off -road vehicles. Current efforts to maintain thr ent in Collier County will prohibit these activities by preventing access to areas where these activities are currently possible, or by taking away the areas themselves through buyout. We the Undersigned petition the United States Federal Government, the State of Florida, Florida Governor 1eb Bush, the Army Corp of Engineers, Southwest Florida Water Management, the Big Cypress Basin Board, the Department of Environmental Protection, the State of Florida Division of Forestry, the Florida Wildlife Federation, the Audubon Society, the Conservancy of Southwest Florida, the State of Florida Department of Agriculture, the Natural Resources Conservation Service, the Environmental Advisory Committee, the Collier County Planning Commission and the Board of Collier County Commissioners to stop prohibiting access to areas such as Picayune Strand State Forest, Southern Golden Gate Estates via Miller Road, Everglades Boulevard and Sabal Palm Road Extensiou, and to stop buying out areas such as Northern Golden Gate Estates for environmental conservancy purposes. DATE PRINT NAME ADDRESS SIGN NA.NIE 3. 3 ' ' Q7 dZ, 4AacooiC 2,(- A4 - Stu, Q A �,�IAAL(5�SS 4. / C L� 5. S G' 6. 7. ✓ Oj / 17 9 ),,- 11A, t/ 1 10. 31//0/4 11. ivp� fCt Q��Zce' 12. &1iG 14. 15. �a L.- _ o'- '� Y1`7 ��•r� hc•.l .dam Cc) vuCLx � C 06) S//)c% /Y //- (� C&S . - A 7�9 Pry ce 51- �S 34!/ 3 (!T CITIZENS FOR PUBLIC ACCESS AND USE (, 9A We the Undersigned recognize and support the need to maintain Florida's environment in Collier County. However, while numerous outdoor areas and parks exist in Collier County, not all needs and interests of the County's population are being considered. There is a large and growing segment of the population who enjoy camping, hunting and riding off -road vehicles. Current efforts to maintain the environment in Collier County will prohibit these activities by preventing access to areas where these activities are currently possible, or by taking away the areas themselves through buyout. We the Undersigned petition the United States Federal Government, the State of Florida, Florida Governor Jeb Bush, the Army Corp of Engineers, Southwest Florida Water Management, the Big Cypress Basin Board, the Department of Environmental Protection, the State of Florida Division of Forestry, the Florida Wildlife Federation, the Audubon Society, the Conservancy of Southwest Florida, the State of Florida Department of Agriculture, the Natural Resources Conservation Service, the Environmental Advisory Committee, the Collier County Planning Commission and the Board of Collier County Commissioners to stop prohibiting access to areas such as Picayune Strand State Forest, Southern Golden Gate Estates via Miller Road, Everglades Boulevard and Sabal Palm Road Extension, and to stop buying out areas such as Northern Golden Gate Estates for environmental conservancy purposes. rya all]VO8.nuiy 1. 3 -H-o 2. 1q-0 3. - q" 4. 3-1 q -°l 5. 3-/9-01 6. 3 -11-oI 7. 9. 10. 11. 31i 12. 3 14 15 ADDRESS s ipll 71 82GIv 04-e/Wff- 6n,- T ,3q2-c) nth Rvc (/,,,"" og i 414-6.,5f 5,twt . 31/ /4H- s-r-WCF JczzSh )a13J 210 lose fol�,tt 3�� Mo�'Gu -v R�• 92 a/f�ySf �/� 1 CITIZENS FOR PUBLIC ACCESS AND USE 9 A We the Undersigned recognize and support the need to maintain Florida's environment in Collier County. However, while numerous outdoor areas and parks exist in Collier County, not all needs and interests of the County's population are being considered. There is a large and growing segment of the population who enjoy camping, hunting and riding off -road vehicles. Current efforts to maintain the environment in Collier County will prohibit these activities by preventing access to areas where these activities are currently possible, or by taking away the areas themselves through buyout. We the Undersigned petition the United States Federal Government, the State of Florida, Florida Governor Jeb Bush, the Army Corp of Engineers, Southwest Florida Water Management, the Big Cypress Basin Board, the Department of Environmental Protection, the State of Florida Division of Forestry, the Florida Wildlife Federation, the Audubon Society, the Conservancy of Southwest Florida, the State of Florida Department of Agriculture, the Natural Resources Conservation Service, the Environmental Advisory Committee, the Collier County Planning Commission and the Board of Collier County Commissioners to stop prohibiting access to areas such as Picayune Strand State Forest, Southern Golden Gate Estates via Miller Road, Everglades Boulevard and Sabal Palm Road Extension, and to stop buying out areas such as Northern Golden Gate Estates for environmental conservancy purposes. DATE 1. P 00/ 2. / 3. 4.� ! �l 5. 6. 1 /U l 7. q10 i 8. /C) 9. 10. l� 12. 14. 15. 3 0 PRINT NAME P � 4+ C _V zvter ADDRESS e(10H lqe, eV06,e1,1-,1c10 jF !' `O c nn /rdC GJ fee �l 12/P-MA so a too 04Nu -- de -; _4 ElER Q 6'L�?�AES G T/ &rY-t"Y'la e Elenodedes �-t- SIGN NANIE I (Y17 -0 9A ' 4. CITIZENS FOR PUBLIC ACCESS AND USE We the Undersigned recognize and support the need to maintain Florida's environment in Collier County. However, while numerous outdoor areas and parks exist in Collier County, not all needs and interests of the County's population are being considered. There is a large and growing segment of the population who enjoy camping, hunting and riding off -road vehicles. Current efforts to maintain the environment in Collier County will prohibit these activities by preventing access to areas where these activities are currently possible, or by taking away the areas themselves through buyout. We the Undersigned petition the United States Federal Government, the State of Florida, Florida Governor Jeb Bush, the Army Corp of Engineers, Southwest Florida Water Management, the Big Cypress Basin Board, the Department of Environmental Protection, the State of Florida Division of Forestry, the Florida Wildlife Federation, the Audubon Society, the Conservancy of Southwest Florida, the State of Florida Department of Agriculture, the Natural Resources Conservation Service, the Environmental Advisory Committee, the Collier County Planning Commission and the Board of Collier County Commissioners to stop prohibiting access to areas such as Picayune Strand State Forest, Southern Golden Gate Estates via Miller Road, Everglades Boulevard and Sabal Palm Road Extension, and to stop buying out areas such as Northern Golden Gate Estates for environmental conservancy purposes. DATE PRINT NAME ADDRESS /01 'Opel aky 1?d.. wit►! J, Z. - .Y 3. -- - - 4. _. S. 6. 7. 9. 10. SIGN NAME CITIZENS FOR PUBLIC ACCESS AND USE I 9A We the Undersigned "titisic and Support the need to maintain Florida's envirottrimm itr COHiar County. However, while numcrouS outdoor areas and panics exist in Collier County, not all needs and interests of the County's popKdation are being considered. '('here is a large and growing segment of the population who enjgy camping, hunting and riding of -road vebielos, Cu ramt ei'forts to maintain the aatvirorurtrpt to Collier County will prohibit these activities by preventing Accts to areas where ttteae aetivitiss are currently possible. i. or by taking away the area& thstnselves through buyout. We the llndersignod patition Cite United States Federal Government, the State of Florida, Florida Governor Jeb'Buda, the Army Cotp of Engineers, Southwest Florida Water Managerrtcnt, the Big Cypress Basal Board, the DOpat'moestt of Envirotam=tal protection, the State of Florida Division of Forestry, the Florida Wildlife Federation, the Audubon Society, the Conservancy of Southwest Florida, the State of 1'larida De�partrtsent of Agricuhure, the Natural Resources Conservation Service, the Envirotamezlta! Advisory Committee, the Collier County Plaguing Cormtnission and the Board of Collier County Commissioners to taop prohibiting access to areas such a.s Pieayune Strand State Forest, Southern Golden Gate Estates via Miller Road, Everglades boulevard and Sabal Palm Road Extension, and to stop buying out areas etch as Northern Golden Gate Estates for envirottnroental couaenratncy purposes, I.. W 0 f„ x, I� a� a �ry D- DATE Ir NAM -� '01 too SIGN � E r r CITIZENS FOR PUBLIC ACCESS AND "USE 9A We the Undemigned°tirYc Sgl and support the need to nutntain Florida's envirommut in Collier County, However, while nurmrous outdoor arras aril pants exist in Collier County. not all needs and interests of the Cotanty's population art; beiA& considered There is a u large and growing segmcttt of the population who enjoy camping, hunting and riding off -road vehicles. Current efforts to en tuttarn tits enviroru]t_rit in Collier County will prohibit these activities by preventing access to arena wherd these activities are currently possrble, or by taking away the areas themselves through buyout. We the Underaiped'petitiain• the United States Federal Govemment, the State of Florida, Florida Governor Jeb Bush, the Army C:orT of Enginccrs, Southwest Florida Water Management, the Big Cypress Basin Board, the bepartttient of Environmental Protection, the State of Florida Division of Forestry, the Florida Wildlife Federation, the Audubon Society, th* Conscrvancy of Southwest Floncla, the State of Florida Department of Agriculozo, the Natural Resources Conservation Service, the Environmental Advisory Committee, the Collier County Planaiag Commission and the Board of Collier County Commissioners to stop prohibiting access to arras such as Picayune Strand State Forest, Southern Golden Gate Estates via Miller Road, Everglades Boulevard and SaW Pohn Road Extension, and to stop buying out area such as Northern Golden Gatc Estates for enviranmental conservancy purposes. DA,ri lRiNT NAME l 3'- a. J�13 -01 7. g. 2. J L 6 Q{ i.� N L Cr At . G 1.1& 14.ic Ctn/[Ltc )rr wl,f ADDS ('ou'd W 4wy `'� :� . /Izz- 3 WOV7 3 C;i✓ .34/l t. -...9 ►T v 1z. SIGN NAME �- '116 7 d3.Ap 4C% ?SJ 4 J& f 0A' S i 0(,y a r CITIZENS FOR PUBLLC ACCESS AND USE 't 9A I 1\ We the Undersigned recognize and support the need to maintain Florida's environment in Collier County. However, while numerous outdoor areas and parks exist in Collier County, not all needs and interests of the County's population are being considered. There is a large and growing segment of the population who enjoy camping, hutting and riding off -road vehicles. Current efforts to maintain the environment in Collier County will prohibit these activities by preventing access to areas where these activities are currently possible, or by taking away the areas themselves through buyout. We the Undersigned petition the United States Federal Government, the State of Florida, Florida Governor Jeb Bush, the Army Corp of Engineers, Southwest Florida Water Management, the Big Cypress Basin Board, the Department of Environmental Protection, the State of Florida Division of Forestry, the Florida Wildlife Federation, the Audubon Society, the Conservan-.y of Southwest Florida, the State of Florida Department of Agriculture, the Natural Resources Conservation Service, the Environmental Advisory Committee, the Collier County Planning Commission and the Board of Collier County Commissioners to stop prohibiting access to areas such as Picayune Strand State Forest, Southern Golden Gate Estates via Miller Road, Everglades Boulevard and Sabal Palm Road Extension, and to stop buying out areas such as Northern Golden Gate Estates for environmental conservancy purposes. DATE PRINT NAME � � -_ 2. 5 -8 -ot 3. 3 4. 6.3_ // 9.1� -0� 10. 12. 14. 3- lq -cl 15. rc 3-N-0t e 141 - C- L) i sa- lWa G e c6fi� �e.e�[rsa�✓ ,54A50-t) �a flrS FA 3H l/ FL. 2c3 )VY/.rs, 19x3 � G�'r Cf �tli�tz ;. rz 3� zS �, 5"111 3Y11Z NI, SIGN NAME r, J 1 1L � rJ J 2[s-6 C-c 2—.e s f S ..� CITIZENS FOR PUBLIC ACCESS AND USE I„ We the Undersigned recognize and support the need to maintain Florida's environment in Collier County. However, while numerous outdoor areas and parks exist in Collier County, not all needs and interests of the County's population are being considered. There is a large and growing segment of the population who enjoy camping, hunting and riding off -road vehicles. Current efforts to maintain the environment in Collier County will prohibit these activities by preventing access to areas where these activities are currently possible. or by taking away the areas themselves through buyout. We the Undersigned petition the United States Federal Government, the State of Florida, Florida Governor Jeb Bush, the Amry Corp of Engineers, Southwest Florida Water Management, the Big Cypress Basin Board, the Department of Environmental Protection, the State of Florida Division of Forestry, the Florida Wildlife Federation, the Audubon Society, the Conservancy of Southwest Florida, the State of Florida Department of Agriculture, the Natural Resources Conservation Service, the Environmental Advisory Committee. the Collier County Planning Commission and the Board of Collier County Commissioners to stop prohibiting access to areas such as Picayune Strand State Forest, Southern Golden Gate Estates via Miller Road, Everglades Boulevard and Sabal Palm Road Extension, and to stop buying out areas such as Northern Golden Gate Estates for environmental conservancy purposes. DATE PRINT NA1VIE c � /. ,- I b. ADDRESS 57 40w tRoSE uN 41V, A) --J -T C) 1� Up 3t o c�k_I, l 7. 101 ��z.>��ra.ur:r� GAse- '4 3y�3 Z! �cA 6AR p Ai,. 1V g. 3 a 11 o�ri �P Q 7a vQ' q 10. L l+( /3 o k�oo� �.✓ �! 12. alp ' a1 C 15tH i r G1 ��r.J e Alz 14. l R�Fi 1 ��.ci SD CAK CoeAl. 1111 U (, 15. �?U� /"f�rCV VQ�v/ Ce p�� /a2U �a tic UJcrari�. -I SIGN NAME z2l-�2� -�I� /3 � CITIZENS FOR PUBLIC ACCESS AND USE 9A We the Undersigned recognize and support the need to maintain Florida's environment in Collier County. However, while numerous outdoor areas and parks exist in Collier County, not all needs and interests of the County's population are being considered. There is a large and growing segment of the population who enjoy camping, hunting and riding off -road vehicles. Current efforts to maintain the environment in Collier County will prohibit these activities by preventing access to areas where these activities are currently possible, or by taking away the areas themselves through buyout. We the Undersigned petition the United States Federal Government, the State of Florida, Florida Governor Jeb Bush, the Army Corp of Engineers, Southwest Florida Water Management, the Big Cypress Basin Board, the Department of Environmental Protection, the State of Florida Division of Forestry, the Florida Wildlife Federation, the Audubon Society, the Conservancy of Southwest Florida, the State of Florida Department of Agriculture, the Natural Resources Conservation Service, the Environmental Advisory Committee, the Collier County Planning Commission and the Board of Collier County Commissioners to stop prohibiting access to areas such as Picayune Strand State Forest, Southern Golden Gate Estates via Miller Road, Everglades Boulevard and Sabal Palm Road Extension. and to stop buying out areas such as Northern Golden Gat® Estates for environmental conservancy purposes. DATE PRINT NAME ADDRESS 3. C-410A c 4. �� C�� I moo �4fo � � y 3� Zed 5. 6. 8. 9. 10. 12. _14. SIGN NAME It 4&Lc- 5- , t' :l ;a SIGN NAME It 4&Lc- 5- , t' CITIZENS FOR PUBLIC ACCESS AND USE f 9 H We the Undersigned recognize and support the need to maintain Florida's environment in Collier County. However, while numerous outdoor areas and parks exist in Collier County, not all needs and interests of the County's population are being considered. There is a large and growing segment of the population who enjoy camping, hunting and riding off -road vehicles. Current efforts to maintain the environment in Collier County will prohibit these activities by preventing access to areas where these activities are currently possible, or by taking away the areas themselves through buyout. We the Undersigned petition the United States Federal Government, the State of Florida, Florida Governor 7eb Bush, the Army Corp of Engineers, Southwest Florida Water Management, the Big Cypress Basin Board, the Department of Environmental Protection, the State of Florida Division of Forestry, the Florida Wildlife Federation, the Audubon Society, the Conservancy of Southwest Florida, the State of Florida Department of Agriculture, the Natural Resources Conservation Service, the Environmental Advisory Committee, the Collier County Planning Commission and the Board of Collier County Commissioners to stop prohibiting access to areas such as Picayune Strand State Forest, Southern Golden Gate Estates via Miller Road, Everglades Boulevard and Sabal Palm Road Extension, and to stop buying out areas such as Northern Golden Gate Estates for environmental conservancy purposes. DATE 3. 4. 5. 3L14LI ( 31 8. —> V /,- 01 3 ;V 9. 10. 11. PRINT NAINIE i ADDRESS SIGN NAME p � /�'" - J: � � -t T� � �—- I e t-C -J /8 1 Iq f 2-�((��� 61- �f 12-7--T 14. 15.� 1 `A�-\ 1 � y s CITIZENS FOR PUBLIC ACCESS AND USE r 9 A We the Undersigned recognize and support the need to maintain Florida's environment in Collier County. However, while numerous outdoor areas and parks exist in Collier County, not all needs and interests of the County's population are being considered. There is a large and growing segment of the population who enjoy camping, hunting and riding off -road vehicles. Current efforts to maintain the environment in Collier County will prohibit these activities by preventing access to areas where these activities are currently possible, or by taking away the areas themselves through buyout. We the Undersigned petition the United States Federal Government, the State of Florida, Florida Governor Jeb Bush, the Army Corp of Engineers, Southwest Florida Water Management, the Big Cypress Basin Board, the Department of Environmental Protection, the State of Florida Division of Forestry, the Florida Wildlife Federation, the Audubon Society, the Conservancy of Southwest Florida, the State of Florida Department of Agriculture, the Natural Resources Conservation Service, the Environmental Advisory Committee, the Collier County Planning Commission and the Board of Collier County Commissioners to stop prohibiting access to areas such as Picayune Strand State Forest, Southern Golden Gate Estates via Miller Road, Everglades Boulevard and Sabal Palm Road Extension, and to stop buying out areas such as Northern Golden Gate Estates for environmental conservancy purposes. DATE 2. 3..-�l 4. LO� s. 6. 3 - `5.0/ 7.- 9. 11. I" o 12. `Z/ d/ 14. PRINT NAME ADDRESS SIGN NAME � 1a rr y u 3 c 7" SuJ /_ _,� / CITIZENS FOR PUBLIC ACCESS AND USE 1 9A We the Undersigned recognize and support the need to maintain Florida's environment in Collier County. However, while numerous outdoor areas and parks exist in Collier County, not all needs and interests of the County's population are being considered. There is a large and growing segment of the population who enjoy camping, hunting and riding off -road vehicles. Current efforts to maintain the environment in Collier County will prohibit these activities by preventing access to areas where these activities are currently possible, or by taking away the areas themselves through buyout. We the Undersigned petition the United States Federal Government, the State of Florida, Florida Governor Jeb Bush, the Army Corp of Engineers, Southwest Florida Water Management, the Big Cypress Basin Board, the Department of Environmental Protection, the State of Florida Division of Forestry, the Florida Wildlife Federation, the Audubon Society, the Conservancy of Southwest Florida, the State of Florida Department of Agriculture, the Natural Resources Conservation Service, the Environmental Advisory Committee. the Collier County Planning Commission and the Board of Collier County Commissioners to stop prohibiting access to areas such as Picayune Strand State Forest, Southern Golden Gate Estates via Miller Road, Everglades Boulevard and Sabal Palm Road Extension, and to stop buying out areas such as Northern Golden Gate Estates for environmental conservancy purposes. DATE 1. 3 wcn 2. 3. �l 4. PRINT NAME ADDRESS f�ti(lnl —� SIGN NAME 5. 6. 8. 3.11-01 9. ll -d 10. 3 j 1-0l I1. 12.3 11—c�1 14. 15. ,X �c �x CITIZENS FOR PUBLIC ACCESS AND USE 9A We the Undersigned recognize and support the need to maintain Florida's environment in Collier County. However, while numerous outdoor areas and parks exist in Collier County, not all needs and interests of the County's population are being considered. There is a large and growing segment of the population who enjoy camping, hunting and riding off -road vehicles. Current efforts to maintain the environment in Collier County will prohibit these activities by preventing access to areas where these activities are currently possible, or by taking away the areas themselves through buyout. We the Undersigned petition the United States Federal Government, the State of Florida, Florida Governor Jeb Bush, the Army Corp of Engineers, Southwest Florida Water Management, the Big Cypress Basin Board, the Department of Environmental Protection, the State of Florida Division of Forestry, the Florida Wildlife Federation, the Audubon Society, the Conservancy of Southwest Florida, the State of Florida Department of Agriculture, the Natural Resources Conservation Service, the Environmental Advisory Committee, the Collier County Planning Commission and the Board of Collier County Commissioners to stop prohibiting access to areas such as Picayune Strand State Forest, Southern Golden Gate Estates via Miller Road, Everglades Boulevard and Sabal Palm Road Extension, and to stop buying out areas such as Northern Golden Gate Estates for environmental conservancy purposes. DATE 2. 8-4:9-0 3. 1-2,2- Vl 4. 5. 6. 7. 8. 9. 10. PRINT NAME ADDRESS eij?i� ioS N,gpS rY 3120 Mu C'�iP ly'i9 . VA4L ST - 0.nye —L 5c.,j4,f,-L 334-6 .9-' AV, S'L (R ►% J/ 1% ferAS3 k1 ,, tl hC r es SIGN NAME `J � CITIZENS FOR PUBLIC ACCESS AND USE E 9 A We the Undersigned recognize and support the need to maintain Florida's environment in Collier County. However, while numerous outdoor areas and parks exist in Collier County, not all needs and interests of the County's population are being considered. There is a large and growing segment of the population who enjoy camping, hunting and riding off -road vehicles. Current efforts to maintain the environment in Collier County will prohibit these activities by preventing access to areas where these activities are currently possible, or by taking away the areas themselves through buyout. We the Undersigned petition the United States Federal Government, the State of Florida, Florida Governor Jeb Bush, the Army Corp of Engineers, Southwest Florida Water Management, the Big Cypress Basin Board, the Department of Environmental Protection, the State of Florida Division of Forestry, the Florida Wildlife Federation, the Audubon Society, the Conservancy of Southwest Florida, the State of Florida Department of Agriculture, the Natural Resources Conservation Service, the Environmental Advisory Committee, the Collier County Planning Commission and the Board of Collier County Commissioners to stop prohibiting access to areas such as Picayune Strand State Forest, Southern Golden Gate Estates via Miller Road, Everglades Boulevard and Sabal Palm Road Extension, and to stop buying out areas such as Northern Golden Gate Estates for environmental conservancy purposes. DATE PRINT NAME 1. 2.3 �n 3. 4. el 6. 7. 8. 9. ADDRESS N Im 9VVJeV A5.1A 1o.3-a6 DA-.!eE& 3 -�G 11. 12. 14. 15. 3S-Szy S2S'w �� (�4-A6�- Vass 33-) t 3,.1. kvcN--,� 0 Iv 5537 -27NSO 1 �15QT SIGN NANIE lt4IA 9A CITIZENS FOR PUBLIC ACCESS AND USE We the Undersigned recognize and support the need to maintain Florida's environment in Collier County. However, while numerous outdoor areas and parks exist in Collier County, not all needs and interests of the County's population are being considered. There is a large and growing segment of the population who enjoy camping, hunting and riding off -road vehicles. Current efforts to maintain the environment in Collier County will prohibit these activities by preventing access to areas where these activities are currently possible. or by taking away the areas themselves through buyout. We the Undersigned petition the United States Federal Government, the Stare of Florida, Florida Governor Jeb Bush, the Army Corp of Engineers, Southwest Florida Water Management, the Big Cypress Basin Board, the Department of Environmental Protection, the State of Florida Division of Forestry, the Florida Wildlife Federation, the Audubon Society, the Conservancy of Southwest Florida, the State of Florida Department of Agriculture, the Natural Resources Conservation Service, the Environmental Advisory Committee. the Collier County Planning Commission and the Board of Collier County Commissioners to stop prohibiting access to areas such as Picavune Strand State Forest, Southern Golden Gate Estates via Miller Road, Everglades Boulevard and Sabal Palm Road Extension, and to stop buying out areas such as Northem Golden Gate Estates for environmental conservancy purposes. DATE 1. a -i�Z 2. 3. � —/a 4. 3 ` 1 2- s.1� b. 3�_ 8. A 9.� 10. 3 -ZZ Il. 3 aLO) u. �Z3 l Is. PRINT NAME i -- XDDRESS 770 T 7.21 oU `�� -fir' _251e-!!�-- (nl2z 1�0' qd�0 3,�c ?1k Aul- 013 * '3 l� �7 0 W, Rwl W V- � n-� -------------- (Dr t9A ` 1- 9A r.. 1 v�` �` DEADLIN41 APR& 4 2001 3 t MAKE SURE ONLY ONE SIGNATURE GET EVERYONE TO SIGN, THIS EFFECTS EVERYONE, NOT JUST THE LANDOWNERS t 'j PLEASE DROP OFF SIGNED FORMS BY NO LATER THEN APRIL 4. 001 AT EITHER: GOLDEN GATE: 315 15TH ST NW(OFF THE BLVD) OR EAST NAPLES: 45 ESTHER ST (OFF RADIO RD) ANY QUESTIONS OR PROBLEMS PLEASE CALL EMILIO AT 436 -2018 LETS FIGHT TO KEEP OUR OUTDOOR RIGHTS IN COLLIER COUNTY. ci CITIZENS FOR PUBLIC ACCESS AND USE 9A We the Undersigned recognize and support the need to maintain Florida's environment in Collier County. However, while numerous outdoor areas and parks exist in Collier County, not all needs and interests of the County's population are being considered. There is a large and growing segment of the population who enjoy camping, hunting and riding off -road vehicles. Current efforts to maintain the environment in Collier County will prohibit these activities by preventing access to areas where these activities are currently possible, or by taking away the areas themselves through buyout. We Undersigned petition the United States Federal Government, the State of Florida, Florida Governor Jeb Bush, the Army Corp of Engineers, Southwest Florida Water Management, the Big Cypress Basin Board, the Department of Environmental Protection, the State of Florida Division of Forestry, the Florida Wildlife Federation, the Audubon Society, the Conservancy of Southwest Florida, the State of Florida Department of Agriculture, the Natural Resources Conservation Service, the Environmental Advisory Committee. the Collier County Planning Commission and the Board of Collier County Commissioners to stop prohibiting access to areas such as Picayune Strand State Forest, Southern Golden Gate Estates via Miller Road, Everglades Boulevard and Saba] Palm Road Extension, and to stop buying out areas such as Northern Golden Gate Estates for environmental conservancy purposes. DATE PRINT NAME ADDRESS SIGN NAME 2. 3. 5. 6. s. 9. 10. 11. 12. 14. 15. 1L 11 1 �. CITIZENS FOR PUBLIC ACCESS AND USE t 9A We the Undersigned recognize and support the need to maintain Florida's environment in Collier County. However, while numerous outdoor areas and parks exist in Collier County, not all needs and interests of the County's population are being considered. There is a large and growing segment of the population who enjoy camping, hunting and riding off -road vehicles. Current efforts to maintain the environment in Collier County will prohibit these activities by preventing access to areas where these activities are currently possible, or by taking away the areas themselves through buyout. We the Undersigned petition the United States Federal Government, the State of Florida, Florida Governor 1eb Bush, the Army Corp of Engineers, Southwest Florida Water Management, the Big Cypress Basin Board, the Department of Environmental Protection, the State of Florida Division of Forestry, the Florida Wildlife Federation, the Audubon Society, the Conservancy of Southwest Florida, the State of Florida Department of Agriculture, the Natural Resources Conservation Service, the Environmental Advisory Committee, the Collier County Planning Commission and the Board of Collier County Commissioners to stop prohibiting access to areas such as Picayune Strand State Forest, Southern Golden Gate Estates via Miller Road, Everglades Boulevard and Sabal Palm Road Extension, and to stop buying out areas such as Northern Golden Gate Estates for environmental conservancy purposes. DATE 3..�1�L1 s. 6. 10. 11. 12. 14. 15. PRINT NAME ADDRESS � / : wNi 'I ,4'-J 0 T SIGN N `T7 3 z�2.D/N0" --77� �O CITIZENS FOR PUBLIC ACCESS AND USE 9A We the Undersigned recognize and support the need to maintain Florida's environment in Collier County. However, while numerous outdoor areas and parks exist in Collier County, not all needs and interests of the County's population are being considered. There is a large and growing segment of the population who enjoy camping, hunting and riding off -road vehicles. Current efforts to maintain the environment in Collier County will prohibit these activities by preventing access to areas where these activities are currently possible, or by taking away the areas themselves through buyout. We the Undersigned petition the United States Federal Government, the State of Florida, Florida Governor Jeb Bush, the Army Corp of Engineers, Southwest Florida Water Management, the Big Cypress Basin Board, the Department of Environmental Protection, the State of Florida Division of Forestry, the Florida Wildlife Federation, the Audubon Society, the Conservancy of Southwest Florida, the State of Florida Department of Agriculture, the Natural Resources Conservation Service, the Environmental Advisory Committee. the Collier County Planning Commission and the Board of Collier County Commissioners to stop prohibiting access to areas such as Picayune Strand State Forest, Southern Golden Gate Estates via Miller Road, Everglades Boulevard and Sabal Palm Road Extension, and to stop buying out areas such as Northern Golden Gate Estates for environmental conservancy purposes. DATE PRINT NAME ITITIT110M SIGN NAME 3. 4. 7. 9 10. 11. 12. 14. 15. I� f - E S > A CITIZENS FOR PUBLIC ACC AND USE S We the Undersigned recognize and support the need to maintain Florida's environment in Collier County. However, while numerous outdoor areas and parks exist in Collier County, not all needs and interests of the County's population are being considered. There is a large and growing segment of the population who enjoy camping, hunting and riding off -road vehicles. Current efforts to maintain the environment in Collier County will prohibit these activities by preventing access to areas where these activities are currently possible, or by taking away the areas themselves through buyout. We the Undersigned petition the United States Federal Government, the State of Florida, Florida Governor 7eb Bush, the Army Corp of Engineers, Southwest Florida Water Management, the Big Cypress Basin Board, the Department of Environmental Protection, the State of Florida Division of Forestry, the Florida Wildlife Federation, the Audubon Society, the Conservancy of Southwest Florida, the State of Florida Department of Agriculture, the Natural Resources Conservation Service, the Environmental Advisory Committee, the Collier County Planning Commission and the Board of Collier County Commissioners to stop prohibiting access to areas such as Picayune Strand State Forest, Southern Golden Gate Estates via Miller Road, Everglades Boulevard and Sabal Palm Road Extension, and to stop buying out areas such as Northern Golden Gate Estates for environmental conservancy purposes. DATE 2. 3. 3 "46' 01 4. 3 -16 -o 5. 6. 3A0101 7. r V 8. 9. 10. 11. 12. 14. 15. PRINT NAME - ' QQJst.rl�. drau�i^ Gv; l I eamo 404C; Je Z 7111 1AAJ,,, Lit A E (0 q 6 (-) Go 1aa.. G.tt &A G�/zG /A.1 &dgr 11.<5 DGE.FAIACf SIGN NANIE �7JSiti -n4 ME CITIZENS FOR PUBLIC ACCESS AND USE We the Undersigned recognize and support the need to maintain Florida's environment in Collier County. However, while numerous outdoor areas and parks exist in Collier County, not all needs and interests of the County's population are being considered. There is a large and growing segment of the population who enjoy camping, hunting and riding off -road vehicles. Current efforts to maintain the environment in Collier County will prohibit these activities by preventing access to areas where these activities are currently possible, or by taking away the areas themselves through buyout. We the Undersigned petition the United States Federal Government, the State of Florida, Florida Governor Jeb Bush, the Army Corp of Engineers, Southwest Florida Water Management, the Big Cypress Basin Board, the Department of Environmental Protection, the State of Florida Division of Forestry, the Florida Wildlife Federation, the Audubon Society, the Conservancy of Southwest Florida, the State of Florida Department of Agriculture, the Natural Resources Conservation Service, the Environmental Advisory Committee, the Collier County Planning Commission and the Board of Collier County Commissioners to stop prohibiting access to areas such as Picayune Strand State Forest, Southern Golden Gate Estates via Miller Road, Everglades Boulevard and Sabal Palm Road Extension, and to stop buying out areas such as Northern Golden Gate Estates for environmental conservancy purposes. 3. 4. 5. 6. 7. 8. 9. 10. DATE PRINT NAME AD�DRESS/� SIGN NAME Cc 721 i 3-- lo? -C,� 3«"01 1� \-.--4- - U 1 3� jZ- 6( l ,� -v/ �o r da- 9- W.20q, \9,-1 1�0 3oX G. Q. ex::�x t 9u cc�k ,cl �- L<<3� 3 �y�3ir S. R -x`7 pc�/27' J Q&zt, &c � 1pi 3y l C' fro KaI��G r f C 3x/38" f 7; 5/z, C, I rte*--• is 9Af e el �S14 ��n��whrr� N �� F( 3 �c Z1, 1 6/ J` L `�i�•`C�S ''7 y�o�o�S�3 ehoik 3y/3� � 12A / �tio �l _74//3'8 TO f3o r S S3 ,Uerri c % Q 'Lan � // C 3� J 3.17.0 po L n�s�� �Ocvn . Sp lo Gc�rlSoyook- l 3 oX eo jpe (gnd�l Ihg kz-. gL Hr 3l a- a t -e-7-z,7 of 17 �WFWWA `7 71 I& 14101 l u n Q'I )e ft� M®R (( U I k A "r),V--? \I I nvl V-) K, c V-1\ I I (:n v� C,O' 49 M I,dCY P6 Ca���� � 8,c g 3////o/ S keLLdn 64e f 3q)5 77,; 717, CITIZENS FOR PUBLIC ACCESS AND USE C 9A nt in However, while numerous o ulation are being considered. Therz is a We the Undersigned recognize and support the nnotdall needs and interests of the County' polpuT ounty, outdoor areas and parks exist in Collier County, camping, hunting and riding off -road vehicles. Current efforts to maintain the large and growing segment of the population who enjoy environment in Collier County will prohibit these activities by preventing access to areas where these activities are currently possible. or by taking away the areas themselves through buyout. We the Undersigned petition the United States Federal Government, the State of Florida, Florida Governor Jeb Bush, the Army Corp of Engineers, Southwest Florida Water Management, the Big Cypress Basin Board, the Department of Environmental Protection, the State of Florida Division of Forestry, the Florida Wildlife Federation, the Audubon Society, the Conservancy of Southwest Florida, the State of Florida Department of Agriculture, the Natural Resources Conservation Service, the Environmental Advisory Committee, the Collier County Planning Commission and the Board of Collier County Cornmissioners to stop prohibiting access to areas such as Picayune Strand State Forest, Southern Golden Gate Estates via Miller Road, Everglades Boulevard and Sabal Palm Road Extension, and to stop buying out areas such as Northern Golden Gate Estates for environmental conservancy purposes. DATE 1. 3 ' Z3r p 2.. 3. 3 —zeV 4. a7�/. ell 5. X61, 6. � j� -a� 7. 8. -� -�� 12. 14. .3 —6 —G —ID 15. PRINT NAME Vickito J f LI/67 4,� ADDRESS &ku-J e51� - %+Ir►� f� me Meer lZo leer 300 7a `Sr' 5W NO jstt _s.vI N. k1. I-� r CITIZENS FOR PUBLIC ACCESS AND USE ► A We the Undersigned recognize and support the need to maintain Florida's environment in Collier County. However, while numerous outdoor areas and parks exist in Collier County, not all needs and interests of the County's population are being considered. There is a large and growing segment of the population who enjoy camping, hunting and riding off -road vehicles. Current efforts to maintain the environment in Collier County will prohibit these activities by preventing access to areas where these activities are currently possible. or by taking away the areas themselves through buyout. We the Undersigned petition the United States Federal Government, the State of Florida, Florida Governor Jeb Bush, the Army Corp of Engineers, Southwest Florida Water Management, the Big Cypress Basin Board, the Department of Environmental Protection, the State of Florida Division of Forestry, the Florida Wildlife Federation, the Audubon Society, the Conservancy of Southwest Florida, the State of Florida Department of Agriculture, the Natural Resources Conservation Service, the Environmental Advisory Committee, the Collier County Planning Commission and the Board of Collier County Commissioners to stop prohibiting access to areas such as Picayune Strand State Forest, Southern Golden Gate Estates via Miller Road, Everglades Boulevard and Sabal Palm Road Extension. and to stop buying out areas such as Northern Golden Gate Estates for environmental conservancy purposes. DATE PRINT NAME 1. 2. bl 3. .S I 4. s. 6. 690 a 7. C)/,) 9. 3I zi o f 1o. 3 2) Of 11. 2,111, 12. 1 14. � & 1s. Z( Gt �V _A5LaAA 7::�Ko C3 Pry i�EN! r, � ry r � � ADDRESS SIGN NAME IF F7 i _ICI r lZa,57, 41 -A31* 1 0�4 /vii ?i e5 r [ . 3y i 15,L/ /(� +" 3 YIA Sc�J S S, .-�+ VA 0 CITIZENS FOR PUBLIC ACCESS AND USE I 9A We the Undersigned recognize and support the need to maintain Florida's environment in Collier County. However, while numerous outdoor areas and parks exist in Collier County, not all needs and interests of the County's population are being considered. There is a large and growing segment of the population who enjoy camping, hunting and riding off -road vehicles. Current efforts to maintain the environment in Collier County will prohibit these activities by preventing access to areas where these activities are currently possible. or by taking away the areas themselves through buyout. We the Undersigned petition the United States Federal Government, the State of Florida, Florida Governor Jeb Bush, the Army Corp of Engineers, Southwest Florida Water Management, the Big Cypress Basin Board, the Department of Environmental Protection, the State of Florida Division of Forestry, the Florida Wildlife Federation, the Audubon Society, the Conservancy of Southwest Florida, the State of Florida Department of Agriculture, the Natural Resources Conservation Service, the Environmental Advisory Committee. the Collier County Planning Commission and the Board of Collier County Commissioners to stop prohibiting access to areas such as Picayune Strand State Forest, Southern Golden Gate Estates via Miller Road, Everglades Boulevard and Sabal Palm Road Extension. and to stop buying out areas such as Northern Golden Gate Estates for environmental conservancy purposes. DATE PRINT NAME ADDRESS SIGN NAME 1. 3. 4. 0/ ULCtP&.) Dos/ �, S s. °/ blee /o>' �,'4z S(71 /egl4w��d ©�; ✓� '� 6. � 6 C veLy,( I/rCH07— �3 ✓ Z&A 1 ,� lJ r; 62 a r 6 7. 3 -3-01 --ice ud s. uu. s. e a 9. 710 3 o 1 o Qv LPL. , 10. G 6rocl cle 1A1" I /J cw 11.3 g ! 14 lv d VIYOW b INS co,v u7/C'/I/ � f� (-019 12. �s O % Y (° �� / E U i� Z �� /d d G'17It ���c . liQ N1 14 S o C'�cSio k G�R�i� 990 eo o /I/J� e �• 1s. /Y1 iq R 119 GAO - .'.� �'r� A�vN JMMA 1��. . 9 A CITIZENS FOR PUBLIC ACCESS AND USE We the Undersigned recognize and support the need to maintain Florida's environment in Collier County. However, while numerous outdoor areas and parks exist in Collier County, not all needs and interests of the County's population are being considered. There is a large and growing segment of the population who enjoy camping, hunting and riding off -road vehicles. Current efforts to maintain the environment in Collier County will prohibit these activities by preventing access to areas where these activities are currently possible, or by taking away the areas themselves through buyout. We the Undersigned petition the United States Federal Government, the State of Florida, Florida Governor Jeb Bush, the Army Corp of Engineers, Southwest Florida Water Management, the Big Cypress Basin Board, the Department of Environmental Protection, the State of Florida Division of Forestry, the Florida Wildlife Federation, the Audubon Society, the Conservancy of Southwest Florida, the State of Florida Department of Agriculture, the Natural Resources Conservation Service, the Environmental Advisory Committee, the Collier County Planning Conunission and the Board of Collier County Commissioners to stop prohibiting access to areas such as Picayune Strand State Forest, Southern Golden Gate Estates via Miller Road, Everglades Boulevard and Sabal Palm Road Extension. and to stop buying out areas such as Northern Golden Gate Estates for environmental conservancy purposes. DATE 1. 370/ 2. 3. -3— 7'o 4. 3A /01 5. 6. 3 T G 7. a. 3 9. —8 l 10. :3: -S -D I 12. 14. 15. PRINT NAME Sh e rZ ,Q &)41,t �.- ":� s J C1 n,, S tV Go 1J e,j / 'r( 104: a �nlYekq ADDRESS 573 72CoO 5TM 51- "W. G� rU1'nd h h N �, G wiz � .s /c".Y�K•�+i�r.� 7-:? � 9J R L! DNV- 3S ?C� • • ' h , :� i 3 8�C> ,, 104J6LV4, � ( G4e�ja,�gc -A-Ver • 4 1 "V �, Vk W. - - t � ,e o, �, r7 E 9A Iq' CITIZENS FOR PUBLIC ACCESS AND USE We the Undersigned recognize and support the need to maintain Florida's environment in Collier County. However, while numerous outdoor areas and parks exist in Collier County, not all needs and interests of the County's population are being considered. There is a large and growing segment of the population who enjoy camping, hunting and riding off -road vehicles. Current efforts to maintain the environment in Collier County will prohibit these activities by preventing access to areas where these activities are currently possible. or by taking away the areas themselves through buyout. We the Undersigned petition the United States Federal Government, the State of Florida, Florida Governor Jeb Bush, the Army Corp of Engineers, Southwest Florida Water Management, the Big Cypress Basin Board, the Department of Environmental Protection, the State of Florida Division of Forestry, the Florida Wildlife Federation, the Audubon Society, the Conservancy of Southwest Florida, the State of Florida Department of Agriculture, the Natural Resources Conservation Service, the Environmental Advisory Committee. the Collier County Planning Commission and the Board of Collier County Commissioners to stop prohibiting access to areas such as Picayune Strand State Forest, Southern Golden Gate Estates via Miller Road, Everglades Boulevard and Sabal Palm Road Extension, and to stop buying out areas such as Northern Golden Gate Estates for environmental conservancy purposes. DATE PRINT NAME 2..3 -r1-4i 3. 3 -o 4. 3 17/1 6. �/ d/ -7. ;3 -? -e/ s. 3-7- 9. 3- 7- a Io. 3 -o1 -c)� 11. 3 O 12. � ON 14. ab-�"I -01 Lacblu 7v 5 t 0 Y) ffiml'%eA 3 5 515 d 3 VIS 4 VE s ADDRESS C--WJ00 6�-Z,- 315- lsw,srh, �,�+� � �C �• /Qua EG i' oc C„�ll s SIGN NAME a w Sdj kyskz� C-;,,c> \d. P>w& ati► 121`x` ts` i A +..-.. .�...�,...�rw.,n."r{�' ;etS;R:r� f '; r r;i:�D : •:�: *. . , � � .,,<KSi�fr.[ a',Er.:.._ ,. -.,.: , . :.: -� ,49 I o � MARA CITIZENS FOR PUBLIC ACCESS AND USE � 9A We the Undersigned recognize and support the need to maintain Florida's environment in Collier County. However, while numerous outdoor areas and parks exist in Collier County, not all needs and interests of the County's population are being considered. There is a large and growing segment of the population who enjoy camping, hunting and riding off -road vehicles. Current efforts to maintain the environment in Collier County will prohibit these activities by preventing access to areas where these activities are currently possible. or by taking away the areas themselves through buyout. We the Undersigned petition the United States Federal Government, the State of Florida, Florida Governor Jeb Bush, the Army Corp of Engineers, Southwest Florida Water Management, the Big Cypress Basin Board, the Department of Environmental Protection, the State of Florida Division of Forestry, the Florida Wildlife Federation, the Audubon Society, the Conservancy of Southwest Florida, the State of Florida Department of Agriculture, the Natural Resources Conservation Service, the Environmental Advisory Committee. the Collier County Planning Commission and the Board of Collier County Commissioners to stop prohibiting access to areas such as Picayune Strand State Forest, Southern Golden Gate Estates via Miller Road, Everglades Boulevard and Sabal Palm Road Extension, and to stop buying out areas such as Northern Golden Gate Estates for environmental conservancy purposes. r1XV1I51 1. 03 �a`oc 2. 3 0 q o/ 3. 4. �! 5. 3 a 6. �! 7. _b 1 10.- 12. I PRINT NAME �US,C�jaf -CO►J �OQcw�p� 1 c6`I a 'Y c/o C - -a' v �AWI ADDRESS SIGN NAME • ' L_l �i��ivr•��Jl r /,-- 5 U6013 e>rG /rcirmadc- ly 5c1) 13CVD n i(rt (511S.-CO 60kOffnU CO'r7l// CA, ;,, g O � 6, X 5��� Sf�P�Nsav ?e �- , ?s T-4 �>7 � /4/w; ;� r , 14. kI �y�3C i -�'� S�uREGAX113 C 77 5 3 it,L�v }� -0e�e ��5 4 f r_c c N CITIZENS FOR PUBLIC ACCESS AND USE 9A We the Undersigned recognize and support the need to maintain Florida's m�rironment in Coll er Cou are being considered. numerous �ts a outdoor areas and parks exist in Collier County, not all needs and interests of the County's population g large and growing segment of the population who enjoy camping, hunting and riding off -road vehicles. Current efforts to maintain the environment in Collier County will prohibit these activities by preventing access to areas where these activities am currently possible. or by taking away the areas themselves through buyout. We the Undersigned petition. the United States Federal Government, the State of Florida, Florida Governor 1eb Bush, the Army Corp of Engineers, Southwest Ftorida Water Management, the Big Cypress Basin :Board, the Department of Environmental Protection, the State of Florida Division of Forestry, the Florida Wildlife Federation, the Audubon Society, the Conservancy of Southwest Florida, the State of Florida Department of Agriculture, the Natural Resources Conservation Service, the Environmental Advisory Committee, the Collier County Plarming Con=ission and the Board of Collier County Commissioners to stop prohibiting access to areas such as Picayune Strand State Forest, Southern Golden Gate Estates via Miller Road., Everglades Boulevard and Saba] Palm Road Extension, and to stop buying ou: areas such as Northern Golden Gate Estates for environmental conservancy purposes. DATE 2. Z 3. 4. 5. 6. 8. 312 9. lo. 3 -Iz 12. 3-� Z PRINT NAME X �• Q� 0 . 'Do" Vier-,%e,r _ AIIDRESS �� 1J v7e"la! �G i� I ` — '64 7 ')2" --� 9A CITIZENS FOR PUBLIC ACCESS AND USE We the Undersigned recognize and support the need to maintain Florida's environment in Collier County. However, while numerous outdoor areas and parks exist in Collier County, not all needs and interests of the County's population are being considered. There is a large and growing segment of the population who enjoy camping, hunting and riding off -road vehicles. Current efforts to maintain the environment in Collier County will prohibit these activities by preventing access to areas where these activities are currently possible, or by taking away the areas themselves through buyout. We the Undersigned petition the United States Federal Government, the State of Florida, Florida Governor Jeb Bush, the Army Corp of Engineers, Southwest Florida Water Management, the Big Cypress Basin Board, the Department of Environmental Protection, the State of Florida Division of Forestry, the Florida Wildlife Federation, the Audubon Society, the Conservancy of Southwest Florida, the State of Florida Department of Agriculture, the Natural Resources Conservation Service, the Environmental Advisory Committee, the Collier County Planning Commission and the Board of Collier County Commissioners to stop prohibiting access to areas such as Picayune Strand State Forest, Southern Golden Gate Estates via Miller Road, Everglades Boulevard and Sabal Palm Road Extension, and to stop buying out areas such as Northern Golden Gate Estates for environmental conservancy purposes. DATE 1. -Jl bi 2. ( 0 3. 3- 11�d/ 5. 6. 3 % 7. 3 �/ L a. 9.3�- 10. 11. 3i2— 12. 14. 15. <3-I� PRINT NAME rmF1i�;-)!E i µz Kti j IM9114M ADDRESS !gl v(AkL) J)-EPA-'L5 M.a2 L! Z 1(j i 2.2,e b ST• Sc F, zl cc- HLnj N 7ATTW O^4-r 2-z),7 -T 1?I Sf. S, to. 06 5fM,4% �/�✓L �����/ o� 9 �D � NO.�✓�' SLR -�3U o'Zni 7-t &4 f`J G� o 02 /3ao3 SIGN NAME i L CITIZENS FOR PUBLIC ACCESS AND USE 9A We the Undersigned recognize and support the need to maintain Florida's environment in Collier County. However, while numerous outdoor areas and parks exist in Collier County, not all needs and interests of the County's population are being considered. There is a large and growing segment of the population who enjoy camping, hunting and riding off -road vehicles. Current efforts to maintain the environment in Collier County will prohibit these activities by preventing access to areas where these activities are currently possible, or by taking away the areas themselves through buyout. We the Undersigned petition the United States Federal Government, the State of Florida, Florida Governor Jeb Bush, the Army Corp of Engineers, Southwest Florida Water Management, the Big Cypress Basin Board, the Department of Environmental Protection, the State of Florida Division of Forestry, the Florida Wildlife Federation, the Audubon Society, the Conservancy of Southwest Florida, the State of Florida Department of Agriculture, the Natural Resources Conservation Service, the Environmental Advisory Committee. the Collier County Planning Commission and the Board of Collier County Commissioners to stop prohibiting access to areas such as Picayune Strand State Forest, Southern Golden Gate Estates via Miller Road, Everglades Boulevard and Sabal Palm Road Extension, and to stop buying out areas such as Northern Golden Gate Estates for environmental conservancy purposes. DATE PRINT NAMME 15 o o �! 3.3/11�� 1 4.9 Z40 7. 9. 31�a/,D( 10. � e 12. 14. ADDRESS ko � acl I % �` S� N- ci, q�07 J. bleCK tJPU,e(,F, T� w ►1 ti'fi lJ�A/UW #W-,46?425 15. 4— b1,fi Z 3? 2 p 27 7'1,QL"E . s SIGN NAME i CITIZENS FOR PUBLIC ACCESS AND USE � 9A We the Undersigned recognize and support the need to maintain Florida's environment in Collier County. However, while numerous outdoor areas and parks exist in Collier County, not all needs and interests of the County's population are being considered. There is a large and growing segment of the population who enjoy camping, hunting and riding off -road vehicles. Current efforts to maintain the environment in Collier County will prohibit these activities by preventing access to areas where these activities are currently possible, or by taking away the areas themselves through buyout. We the Undersigned petition the United States Federal Government, the State of Florida, Florida Governor Jeb Bush, the Army Corp of Engineers, Southwest Florida Water Management, the Big Cypress Basin Board, the Department of Environmental Protection, the State of Florida Division of Forestry, the Florida Wildlife Federation, the Audubon Society, the Conservancy of Southwest Florida, the State of Florida Department of Agriculture, the Natural Resources Conservation Service, the Environmental Advisory Committee. the Collier County Planning Commission and the Board of Collier County Commissioners to stop prohibiting access to areas such as Picayune Strand State Forest, Southern Golden Gate Estates via Miller Road, Everglades Boulevard and Sabal Palm Road Extension, and to stop buying out areas such as Northern Golden Gate Estates for environmental conservancy purposes. DATE PRINT NAME ADDRESS 2. to of /) /4 �%� 3� ats� 3. 4. J' Iti -c;l � ACA% 5. 6. `O� �,� -�•�- �` Lip S cc� 8. 9. io. 43 I1. �00 12. 3-10-01 �- 044P W ��JJ-f-3,Z 14. o-o f }14 -fiku.x `Z5. PEre'a 15. 3 "16 _d �7 �rci'tq 3SSS S$`` Ale SIGN NAME "J V- 'a MIAO., a 617 CITIZENS FOR PUBLIC ACCESS AND USE � 9A We the Undersigned recognize and support the need to maintain Florida's environment in Collier County. However, while numerous outdoor areas and parks exist in Collier County, not all needs and interests of the County's population are being considered. There is a large and growing segment of the population who enjoy camping, hunting and riding off -road vehicles. Current efforts to maintain the environment in Collier County will prohibit these activities by preventing access to areas where these activities are currently possible, or by taking away the areas themselves through buyout. We the Undersigned petition the United States Federal Government, the State of Florida, Florida Governor Jeb Bush, the Army Corp of Engineers, Southwest Florida Water Management, the Big Cypress Basin Board, the Department of Environmental Protection, the State of Florida Division of Forestry, the Florida Wildlife Federation, the Audubon Society, the Conservancy of Southwest Florida, the State of Florida Department of Agriculture, the Natural Resources Conservation Service, the Environmental Advisory Committee, the Collier County Planning Commission and the Board of Collier County Commissioners to stop prohibiting access to areas such as Picayune Strand State Forest, Southern Golden Gate Estates via Miller Road, Everglades Boulevard and Sabal Palm Road Extension, and to stop buying out areas such as Northern Golden Gate Estates for environmental conservancy purposes. DATE 2.� �t�0 3. 4. ,q1U! 5. 6. 61 ,3 0 c s. 3 9. 3- 10. 5 11. C� O I PRINT NAME LGI�-L �LLeiz fi my hav& ADDRESS 'Oo,iC re Sy ��- n��.' Law 320 10+ Sf ,sw A�o 1191 110) 1w LuiLSun Ve C ; S A P /YlA�L1 ��= So G� tis� -Proms �z 3 �i 7 q U6 ID-t y� 3 Sit Pal; R) , -F-&-2 C Ale SL 12. v 14. 15. I 0 RA MR:" py ► 9A CITIZENS FOR PUBLIC ACCESS AND USE We the Undersigned recognize and support the need to maintain Florida's environment in Collier County. However, while numerous outdoor areas and parks exist in Collier County, not all needs and interests of the County's population are being considered. There is a large and growing segment of the population who enjoy camping, hunting and riding off -road vehicles. Current efforts to maintain the environment in Collier County will prohibit these activities by preventing access to areas where these activities are currently possible. or by taking away the areas themselves through buyout. We the Undersigned petition the United States Federal Government, the State of Florida, Florida Governor Jeb Bush, the Army Corp of Engineers, Southwest Florida Water Management, the Big Cypress Basin Board, the Department of Environmental Protection, the State of Florida Division of Forestry, the Florida Wildlife Federation, the Audubon Society, the Conservancy of Southwest Florida, the State of Florida Department of Agriculture, the Natural Resources Conservation Service, the Environmental Advisory Committee, the Collier County Planning Commission and the Board of Collier County Commissioners to stop prohibiting access to areas such as Picayune Strand State Forest, Southern Golden Gate Estates via Miller Road, Everglades Boulevard and Sabal Palm Road Extension, and to stop buying out areas such as Northern Golden Gate Estates for environmental conservancy purposes. DATE 1. J Ir 2. 312 3. 4. s. 6. 0 7. Jg 8. 9. 10.� 11..3 12. 14. / *C)l I 15. 3)31p)- PRINT NAME ADDRESS SIGN NAME n vii ZZ C-" -Sf- SE 6000 IV poww st 'J "��`�v Le- 4et q 3',40 eJ, ,A ll4d�(� ��t� IL(�[� lvt� -5i� i P s rk (� (Al pi,v,I 6' +. —,— (16 � a,- � rg V e ya) M5 17� '7 Aue -Sw jq4Ca-) 3 5 Z( iy,' r(n t1r //ir- - rl CITIZENS FOR PUBLIC ACCESS AND USE 9A IJ We the Undersigned recognize and support the need to maintain Florida's environment in Collier County. However, while numerous outdoor areas and parks exist in Collier County, not all needs and interests of the County's population are being considered. There is a large and growing segment of the population who enjoy camping, hunting and riding off -road vehicles. Current efforts to maintain the environment in Collier County will prohibit these activities by preventing access to areas where these activities are currently possible, or by taking away the areas themselves through buyout. We the Undersigned petition the United States Federal Government, the State of Florida, Florida Governor Jeb Bush, the Army Corp of Engineers, Southwest Florida Water Management, the Big Cypress Basin Board, the Department of Environmental Protection, the State of Florida Division of Forestry, the Florida Wildlife Federation, the Audubon Society, the Conservancy of Southwest Florida, the State of Florida Department of Agriculture, the Natural Resources Conservation Service, the Environmental Advisory Committee. the Collier County Planning Commission and the Board of Collier County Commissioners to stop prohibiting access to areas such as Picayune Strand State Forest, Southern Golden Gate Estates via Miller Road, Everglades Boulevard and Sabal Palm Road Extension, and to stop buying out areas such as Northern Golden Gate Estates for environmental conservancy purposes. DATE PRINT NAME 2. 1 4 f 3. I �(inAQLHp� 4. x-11 -01 5. 6. 31 -63 -o AnnuF.cc R)1c�1. OLDS t 0):-73 &�- L .nn55tt..y�rS . a-s£ Av t JA 7. ,� � 13 D �- 2 kc-W 8. SCh . Jridfi n a"ht©/lI 9.�'t d %tILe "Irt 10. 11 12. 3 t13 �d 14. J l ci —,c 15. 3::_V 3 tl D/20 M 4144 Ailk, 1010 000 bsN 1440 Y l Ni C, le, ,S�o (J ScJ .,-i- G - ed Sys SIGN NAIViF. I t' CITIZENS FOR PUBLIC ACCESS AND USE i 9A We the Undersigned recognize and support the need to maintain Florida's environment in Collier County. However, while numerous outdoor areas and parks exist in Collier County, not all needs and interests of the County's population are being considered. There is a large and growing segment of the population who enjoy camping, hunting and riding off -road vehicles. Current efforts to maintain the environment in Collier County will prohibit these activities by preventing access to areas where these activities are currently possible. or by taking away the areas themselves through buyout. We the Undersigned petition the United States Federal Government, the State of Florida, Florida Governor Jeb Bush, the Army Corp of Engineers, Southwest Florida Water Management, the Big Cypress Basin Board, the Department of Environmental Protection, the State of Florida Division of Forestry, the Florida Wildlife Federation, the Audubon Society, the Conservancy of Southwest Florida, the State of Florida Department of Agriculture, the Natural Resources Conservation Service, the Environmental Advisory Committee, the Collier County Planning Commission and the Board of Collier County Commissioners to stop prohibiting access to areas such as Picayune Strand State Forest, Southern Golden Gate Estates via Miller Road, Everglades Boulevard and Sabal Palm Road Extension, and to stop buying out areas such as Northern Golden Gate Estates for environmental conservancy purposes. DATE 1. -3—/3-0/ 2. 3111104 3. 4. 3 I p 5. t (71 6. Hof S. 44 .l 9. 131A 01 10.d% 11. /q 12. 14. ✓ / j b PRINT NAME Dn S"I �y�2 r SuEA,cF��— -?M 9,4wS61- API" i o f SIGN NAME ga� f 350 ,1 4s , 15. A / c� ts.wb, �C-51�1 � 9A CITIZENS FOR PUBLIC ACCESS AND USE the Undersigned recognize and support the need to maintain Florida's environment in Collier County. However, while numerous outdoor areas and parks exist in Collier County, not all needs and interests of the County's population are being considered. There is a large and growing segment of the population who enjoy camping, hunting and riding off -road vehicles. Current efforts to maintain the environment in Collier County will prohibit these activities by preventing access to areas where these activities are currently possible, r ' or by taking away the areas themselves through buyout. We the Undersigned petition the United States Federal Government, the State of Florida, Florida Governor ]eb Bush, the Army Corp of Engineers, Southwest Florida Water Management, the Big Cypress Basin Board, the Department of Environmental Protection, the State of Florida Division of Forestry, the Florida Wildlife Federation, the Audubon Society, the Conservancy of Southwest Florida, the State of Florida Department of Agriculture, the Natural Resources Conservation Service, the Environmental Advisory Committee, the Collier County Planning Commission and the Board of Collier County Commissioners to stop prohibiting access to areas such as Picayune Strand State Forest, Southern Golden Gate Estates via Miller Road, Everglades Boulevard and Sabal Palm Road Extension, and to stop buying out areas such as Northern Golden Gate Estates for environmental conservancy purposes. DATE PRINT NAME ADDRESS SIGN NAME � did N g ra ICI I& S.l S� 3. 3 ? no+rnr . �) �� 5. 4001 d 0 \J C 6. x-12- e/ ---� �� �� rJ �i✓� C�,� �/-� 7. 12. 14. rn� let1CLjtyL� 15.SV C� J S CITIZENS FOR PUBLIC ACCESS AND USE C 9A We the Undersigned recognize and support the need to maintain Florida's environment in Collier County. However, while numerous outdoor areas and parks exist in Collier County, not all needs and interests of the County's population are being considered. There is a large and growing segment of the population who enjoy camping, hunting and riding off -road vehicles. Current efforts to maintain the environment in Collier County will prohibit these activities by preventing access to areas where these activities are currently possible, or by taking away the areas themselves through buyout. We the Undersigned petition the United States Federal Government, the State of Florida, Florida Governor Jeb Bush, the Army Corp of Engineers, Southwest Florida Water Management, the Big Cypress Basin Board, the Department of Environmental Protection, the State of Florida Division of Forestry, the Florida Wildlife Federation, the Audubon Society, the Conservancy of Southwest Florida, the State of Florida Department of Agriculture, the Natural Resources Conservation Service, the Environmental Advisory Committee, the Collier County Planning Commission and the Board of Collier County Commissioners to stop prohibiting access to areas such as Picayune Strand State Forest, Southern Golden Gate Estates via Miller Road, Everglades Boulevard and Sabal Palm Road Extension, and to stop buying out areas such as Northern Golden Gate Estates for environmental conservancy purposes. DATE 2.�'9r'D 3.f� IV 4. `� d 3 -o 6. 3 7. �1i0 /o 8. 10 �01 (Ott, 12. 14.� 15.3 . r lot' PRINT NAME ADDRESS Pi Ewa PC mtm I. r' (Q Ci � ltNLS Jed" �I�r T 2,0 .30 oog sic �6 01 CITIZENS FOR PUBLIC ACCESS AND USE 9A 1 r Nil We the Undersigned recognize and support the need to maintain Florida's environment in Collier County. However, while numerous outdoor areas and parks exist in Collier County, not all needs and interests of the County's population are being considered. There is a large and growing segment of the population who enjoy camping, hunting and riding off -road vehicles. Current efforts to maintain the environment in Collier County will prohibit these activities by preventing access to areas where these activities are currently possible, or by taking away the areas themselves through buyout. We the Undersigned petition the United States Federal Government, the State of Florida, Florida Governor Jeb Bush, the Army Corp of Engineers, Southwest Florida Water Management, the Big Cypress Basin Board, the Department of Environmental Protection, the State of Florida Division of Forestry, the Florida Wildlife Federation, the Audubon Society, the Conservancy of Southwest Florida, the State of Florida Department of Agriculture, the Natural Resources Conservation Service, the Environmental Advisory Committee, the Collier County Planning Commission and the Board of Collier County Commissioners to stop prohibiting access to areas such as Picayune Strand State Forest, Southern Golden Gate Estates via Miller Road, Everglades Boulevard and Sabal Palm Road Extension, and to stop buying out areas such as Northern Golden Gate Estates for environmental conservancy purposes. DATE PRINT NAME 2. 3. M 4. 5. 33/40�_ �:z 6. 3 *4 7. 8..� - 4� 9 10 fo', 12 14. 3 0 1 T19 caE scu&q ADDRESS ez ��o 5;*aVi�0 40&-0 L i I SCI) 451"'D SIGN NAME 4-1 4S o I 15 1 ,z5 16d y1f%n�mwr red 3N 1 AJe MM v c��� �c.1r�e�.a►a 33�) � 2v �e mtb `i- -t SA S J r� a� .....& �s. a+ iJYMrv,^.�v+1.J4.........__.... s.. •• y: CITIZENS FOR PUBLIC ACCESS AND USE j 9A We the Undersigned recognize and support the need to maintain Florida's environment in Collier County. However, while numerous outdoor areas and parks exist in Collier County, not all needs and interests of the County's population are being considered. There is a large and growing segment of the population who enjoy camping, hunting and riding off -road vehicles. Current efforts to maintain the environment in Collier County will prohibit these activities by preventing access to areas where these activities are currently possible, or by taking away the areas themselves through buyout. We the Undersigned petition the United States Federal Government, the State of Florida, Florida Governor JebBush, the Army Corp of Engineers, Southwest Florida Water Management, the Big Cypress Basin Board, the Department of Environmental Protection, the State of Florida Division of Forestry, the Florida Wildlife Federation, the Audubon Society, the Conservancy of Southwest Florida, the State of Florida Department of Agriculture, the Natural Resources Conservation Service, the Environmental Advisory Committee. the Collier County Planning Commission and the Board of Collier County Commissioners to stop prohibiting access to areas such as Picayune Strand State Forest, Southern Golden Gate Estates via Miller Road, Everglades Boulevard and Sabal Palm Road Extension, and to stop buying out areas such as Northern Golden Gate Estates for environmental conservancy purposes. DATE 1. 3 -7 -e-)/ 2. 3-q-01 3. / 4. 5. 3-q-01 6. 3 .-Q\ 7.�Q1 8. 9. 10. PRINT NAME _ ♦ RAMA I r • ADDRESS SIGN NAME s fip(ro I7 �. P /q�f 2-5MO Pove hl C t �2 ,3lW (-,A I�) u2E ) � A,1. KCIA tr � 7 CITIZENS FOR PUBLIC ACCESS AND USE 9A We the Undersigned recognize and support the need to maintain Florida's environment in Collier County. However, while numerous outdoor areas and parks exist in Collier County, not all needs and interests of the County's population are being considered. There is a large and growing segment of the population who enjoy camping, hunting and riding off -road vehicles. Current efforts to maintain the environment in Collier County will prohibit these activities by preventing access to areas where these activities are currently possible, or by taking away the areas themselves tlu-ough buyout. We the Undersigned petition the United States Federal Government, the State of Florida, Florida Governor JebBush, the Army Corp of Engineers, Southwest Florida Water Management, the Big Cypress Basin Board, the Department of Environmental Protection, the State of Florida Division of Forestry, the Florida Wildlife Federation, the Audubon Society, the Conservancv of Southwest Florida, the State of Florida Department of Agriculture, the Natural Resources Conservation Service, the Environmental Advisory Committee, the Collier County Planning Commission and the Board of Collier County Commissioners to stop prohibiting access to areas such as Picayune Strand State Forest, Southern Golden Gate Estates via Miller Road, Everglades Boulevard and Sabal Palm Road Extension, and to stop buying out areas such as Northern Golden Gate Estates for environmental conservancy purposes. 2. 3. 4. 5. 6. 7. DATE PRINT NAME ADDRESS SIGN NAME -3HQJ 3 f at 3- '7 -01 s. 9. lo. 05 0q 0� 12. 14. 3-q --o l 15. I^V l C4 AP, 41 t7 A Pyle t, 'f /,c 4444,q Cq�fil, ; dS _ 1-// �(11) / idle Ay w 3c-i-7 S' 1 tm 5t , c . W - wv Ct u, ( 7b 6r4- 51, t S �1 Ll o D o ya,�- C r spa CJ� lee 5A JkA�%RF Eead,r In, ii a- n- K t +2a -4c-- MOO L! A?� oil CITIZENS FOR PUBLIC ACCESS AND USE I 9A We the Undersigned recognize and support the need to maintain Florida's environment in Collier County. However, while numerous outdoor areas and parks exist in Collier County, not all needs and interests of the County's population are being considered. There is a large and growing segment of the population who enjoy camping, hunting and riding off -road vehicles. Current efforts to maintain the environment in Collier County will prohibit these activities by preventing access to areas where these activities are currently possible, or by taking away the areas themselves through buyout. We the Undersigned petition the United States Federal Government, the State of Florida, Florida Governor Jeb Bush, the Army Corp of Engineers, Southwest Florida Water Management, the Big Cypress Basin Board, the Department of Environmental Protection, the State of Florida Division of Forestry, the Florida Wildlife Federation, the Audubon Society, the Conservancy of Southwest Florida, the State of Florida Department of Agriculture, the Natural Resources Conservation Service, the Environmental Advisory Committee, the Collier County Planning Commission and the Board of Collier County Commissioners to stop prohibiting access to areas such as Picayune Strand State Forest, Southern Golden Gate Estates via Miller Road, Everglades Boulevard and Sabal Palm Road Extension, and to stop buying out areas such as Northern Golden Gate Estates for environmental conservancy purposes. DATE PRINT NAME 2. 31/7/01 3. 3t11B /c� ADDRESS SIGN NAME � r �J flaftl , 'ell 02 °w� a JC6C GyG rr Ste. - dal r 7. �1 8.� 9. 10. 148 T6 &ec `1 f c M 13 f ✓e. p1t Un.� �l n Af- x'_11 -�_ Fil ZcAf 15. lawJe(, *C-\ l C tiact CITIANS FOR PUBLIC ACCESS AND USE 9A We the Undersigned recognize and support the need to maintain Florida's environment in Collier County. However, while numerous outdoor areas and parks exist in Collier County, not all needs and interests of the County's population are being considered. There is a large and growing segment of the population who enjoy camping, hunting and riding off -road vehicles. Current efforts to maintain the environment in Collier County will prohibit these activities by preventing access to areas where these activities are currently possible. or by taking away the areas themselves through buyout. We the Undersigned petition the United States Federal Government, the State of Florida, Florida Governor Jeb Bush, the Army Corp of Engineers, Southwest Florida Water Management, the Big Cypress Basin Board, the Department of Environmental Protection, the State of Florida Division of Forestry, the Florida Wildlife Federation, the Audubon Society, the Conservancy of Southwest Florida, the State of Florida Department of Agriculture, the Natural Resources Conservation Service, the Environmental Advisory Committee. the Collier County Planning Conunission and the Board of Collier County Commissioners to stop prohibiting access to areas such as Picayune Strand State Forest, Southern Golden Gate Estates via Miller Road, Everglades Boulevard and Sabal Palm Road Extension, and to stop buying out areas such as Northern Golden Gate Estates for environmental conservancy purposes. DATE 1. i 2. 3. 4. 3A�1�4 5. 3 10 6. COY 7. 8. 9.(oc 10. Q� 113 e/ 14. 15. 9 PRINT NAME , ADDRESS ka)-Ij " S -rsel /,d "-/Weo � q(I,a / / Sr """ ST s F- 3 /) Z -4 �F44 H, r -T I y1`'Sf- NE � ` 9 II .r i' rh •r � �fD CB * CITIZENS FOR PUBLIC ACCESS AND USE "0/' 9 We the Undersigned recognize and support the need to maintain Florida's environment in Collier County. However, while numerous outdoor areas and parks exist in Collier County, not all needs and interests of the County's population are being considered. There is a large and growing segment of the population who enjoy camping, hunting and riding off -road vehicles. Current efforts to maintain [lie environment in Collier County will prohibit these activities by preventing access to areas where these activities are currently possible. or by taking away the areas themselves through buyout. We the Undersigned petition the United States Federal Government, the State of Florida, Florida Governor Jeb Bush, the Army Corp of Engineers, Southwest Florida Water Management, the Big Cypress Basin Board, the Department of Environmental Protection, the State of Florida Division of Forestry, the Florida Wildlife Federation, the Audubon Society, the Conservancy of Southwest Florida, the State of Florida Department of Agriculture, the Natural Resources Conservation Service, the Environmental Advisory Committee. the Collier County Planning Commission and the Board of Collier County Commissioners to stop prohibiting access to areas such as Picayune Strand State Forest, Southern Golden Gate Estates via Miller Road, Everglades Boulevard and Sabal Palm Road Extension, and to stop buying out areas such as Northern Golden Gate Estates for environmental conservancy purposes. DATE PRINT NAME 1. 3 1z ­0 j ADDRESS � 22ya/v1" s1'_ ,. -IZ� I j� s,►s31�.�, Y�3 'A4 7. 8. 9. SIGN NAME w �sC I eNr L66 & /at " L M,e <(SSA ye 1` -rte _D'emf f e G /_G �/ 14., 6' J UI A60F( -C 1-2- - aatle fines r 175 SiL•L.V �� /� 0 7H -5- i I�G b040 G.ss AJ, st & CITIZENS FOR PUBLIC ACCESS AND USE 9A 14 We the Undersigned recognize and support the need to maintain Florida's environment in Collier County. However, while numerous outdoor areas and parks exist in Collier County, not all needs and interests of the County's population are being considered. There is a large and growing segment of the population who enjoy camping, hunting and riding off -road vehicles. Current efforts to maintain the environment in Collier County will prohibit these activities by preventing access to areas where these activities are currently possible, or by taking away the areas themselves through buyout. We the Undersigned petition the United States Federal Government, the State of Florida, Florida Governor Jeb Bush, the Army Corp of Engineers, Southwest Florida Water Management, the Big Cypress Basin Board, the Department of Environmental Protection, the State of Florida Division of Forestry, the Florida Wildlife Federation, the Audubon Society, the Conservancy of Southwest Florida, the State of Florida Department of Agriculture, the Natural Resources Conservation Service, the Environmental Advisory Committee, the Collier County Planning Commission and the Board of Collier County Commissioners to stop prohibiting access to areas such as Picayune Strand State Forest, Southern Golden Gate Estates via Miller Road, Everglades Boulevard and Sabal Palm Road Extension, and to stop buying out areas such as Northern Golden Gate Estates for environmental conservancy purposes. DATE PRINT NAME 1. 3 u J41 2. 3 /3 �� �- WI-7 4. s 5. C-i r(h 6.� 3-01 8. 9. i3la 10..3 >> b i -�1 11. 14. ►' ADDRESS 3 ��y LT0h ti V &S cl,%s.2 .5-r 9s /JAP-V I & z l P "le /,J*. Ty 5-4 lz+i ^fia ;) -?C7 G YI4 if s/ SIGN NAIVIE P CITIZENS FOR PUBLIC ACCESS AND USE � We the Undersigned recognize and support the need to maintain Florida's environment in Collier County. However, while numerous outdoor areas and parks exist in Collier County, not all needs and interests of the County's population are being considered. There is a large and growing segment of the population who enjoy camping, hunting and riding off -road vehicles. Current efforts to maintain the environment in Collier County will prohibit these activities by preventing access to areas where these activities are currently possible, or by taking away the areas themselves through buyout. We the Undersigned petition the United States Federal Government, the State of Florida, Florida Governor Jeb Bush, the Army Corp of Engineers, Southwest Florida Water Management, the Big Cypress Basin Board, the Department of Environmental Protection, the State of Florida Division of Forestry, the Florida Wildlife Federation, the Audubon Society, the Conservancy of Southwest Florida, the State of Florida Department of Agriculture, the Natural Resources Conservation Service, the Environmental Advisory Committee, the Collier County Planning Commission and the Board of Collier County Commissioners to stop prohibiting access to areas such as Picayune Strand State Forest, Southern Golden Gate Estates via Miller Road, Everglades Boulevard and Sabal Palm Road Extension, and to stop buying out areas such as Northern Golden Gate Estates for environmental conservancy purposes. DATE PRINT NAME 1. 7 /('�tC-0 c 3. . 5<l�a / 5. 3&-fl/ 6. 3{ll 7. 8.03 0� 9. lo. 11. ? —o r 12. 3- 14. L 15. ! k ADDRESS 4�; �e 0 /1 y e- 14-1do > X 31 jVC (e f t, � �- S ,N.c (•t Us ru 11Q�� SA. S r, & _-- 'A 9 , Man I a �N(c �azfA=1 _?koC) 9`14616 =Ste' ��Mc �q C l�� ,57W sa /eA Y-�- SIGN NAME CITIZENS FOR PUBLIC ACCESS AND USE l /ethe ndersigne d recognize and support the need to maintain Florida's environment in Collier County. However, while numerous reas and parks exist in Collier County, not all needs and interests of the County's population are being considered. There is a large and growing segment of the population who enjoy camping, hunting and riding off -road vehicles. Current efforts to maintain the environment in Collier County will prohibit these activities by preventing access to areas where these activities are currently possible. or by taking away the areas themselves through buyout. We the Undersigned petition the United States Federal Government, the State of Florida, Florida Governor Jeb Bush, the Army Corp of Engineers, Southwest Florida Water Management, the Big Cypress Basin Board, the Department of Environmental Protection, the State of Florida Division of Forestry, the Florida Wildlife Federation, the Audubon Society, the Conservancy of Southwest Florida, the State of Florida Department of Agriculture, the Natural Resources Conservation Service, the Environmental Advisory Committee, the Collier County Planning Commission and the Board of Collier County Commissioners to stop prohibiting access to areas such as Picayune Strand State Forest, Southern Golden Gate Estates via Miller Road, Everglades Boulevard and Sabal Palm Road Extension, and to stop buying out areas such as Northern Golden Gate Estates for environmental conservancy purposes. DATE PRINT NAME I. 2. 3. 4. 5. ' f b. 3 � 7. h 8. 9. ADDRESS R2� �ani� l 9 ( I La �- c�,SF• S� Q�bvvfa.,J L/ r 1 I f,- -, " i f /.�i •,, 11. 12. 14.� 15. 1 'f„ jib 614_ pCVJ 5�_ aa�tZ*d�sc 0 E�-� 9 �,°°-- Sr'��� r1 3 qa /9�� ,WE - O AN ' __ U 7 SIGN NANIE WE CITIZENS FOR PUBLIC ACCESS AND USE 9A � ' I the Undersigned recognize and support the need to maintain Florida's environment in Collier County. However, while numerous outdoor areas and parks exist in Collier County, not all needs and interests of the County's population are being considered. There is a large and 'growing segment of the population who enjoy camping, hunting and riding off -road vehicles. Current efforts to maintain the environment in Collier County will prohibit these activities by preventing access to areas where these activities are currently possible. or by taking away the areas themselves through buyout. We the Undersigned petition the United States Federal Government, the State of Florida, Florida Governor 1eb Bush, the Army Corp of Engineers, Southwest Florida Water Management, the Big Cypress Basin Board, the Department of Environmental Protection, the State of Florida Division of Forestry, the Florida Wildlife Federation, the Audubon Society, the Conservancy of Southwest Florida, the State of Florida Department of Agriculture, the Natural Resources Conservation Service, the Environmental Advisory Committee. the Collier County Planning Conunission and the Board of Collier County Commissioners to stop prohibiting access to areas such as Picayune Strand State Forest, Southern Golden Gate Estates via Miller Road, Everglades Boulevard and Sabal Palm Road Extension, and to stop buying out areas such as Northern Golden Gate Estates for environmental conservancy purposes. DATE 1. 3- --o/ 2. 3.`C 4. 3-� Z 5. 3-0-0) 6. X14 -10( 7. 8. 9. C) 10. 10. 11. 3 -0- o1 12. - i -b 1 14. ' 0 -b , 15.3 13 -a ►. PRINT NAME Z-f;Z5 7 2 � -,P- , AIKc /, a2 E i rim u. ADDRESS 4?0 6ECT SH943 J '�uuntXl�lt6 amN TV AMR. f TO 3 O L A)((../ l sq 1 ` VKt I*tt U st`r 9ACITIZENS FOR PUBLIC ACCESS AND USE "`` We the Undersigned recognize and support the need to [maintain Florida's environment in Collier County. However, while numerous outdoor areas and parks exist in Collier County, not all needs and interests of the County's population are being considered. There is a large and growing segment of the population who enjoy camping, hunting and riding off -road vehicles. Current efforts to maintain dlc environment in Collier County will prohibit these activities by preventing access to areas where these activities are currently possible, or by taking away the areas themselves through buyout. We the Undersigned petition the United States Federal Government, the State of Florida, Florida Governor Jeb Bush, the Army Corp of Engineers, Southwest Florida Water Management, the Big Cypress Basin Board, the Department of Environmental Protection, the State of Florida Division of Forestry, the Florida Wildlife Federation, the Audubon Society, the Conservancy of Southwest Florida, the State of Florida Department of Agriculture, the Natural Resources Conservation Service, the Environmental Advisory Committee. the Collier County Planning Commission and the Board of Collier County Commissioners to stop prohibiting access to areas such as Picayune Strand State Forest, Southern Golden Gate Estates via Miller Road, Everglades Boulevard and Sabal Palm Road Extension, and to stop buying out areas such as Northern Golden Gate Estates for environmental conservancy purposes. DATE PRINT NAME ADDRESS 2. I SIGN NANIE Im CITIZENS FOR PUBLIC ACCESS AND USE We the rvindersigned recognize and support the need to maintain Florida's environment in Collier County. However, While numerous outdoor areas and parks exist in Coliier County, not all needs and interests of the County's population are being considered. Therc is a large and growing segrr►ent of the population who enjoy camping, hunting and riding off-road vehicles. Curtemt efforts to maintain the environment in Collier County will prohibit these activities by preventing access to areas where these activities are currently possible. or by taking away the areas themselves through buyout. We the Undersigned petition the United States Federal Grovenunent, the State of Florida, Florida Governor 7ebBush, the Army Corp of Engineers, Southwest Florida Water Management, the Big Cypress Basin Board, the Department of Enviroruneriml Protection, the State cf Florida Division of Forestry, the Florida Wildlife Federation, the Audubon Society, the Consetvaney of Southwest Florida, the State of Florida Depaeunent of Agriculture, the Natural Resources Conservation Service, the Environments) Advisory Committee, the Collier County Plarrning Commission and the Board of Collier County Commissioners to stop prohibiting access to areas such as Picayune Strand State Forest, Southern Golden Gate Estates via Miller Road, Everglades Boulevard and Sabal Palm it.oad Extension. and to stop buying out areas such as Northern Golden Gate Estates for environmental conservancy purposes, DATE 0 v 4. 5. 6. L 7. Yllf OZ 9. � u� 14� 0 0 15. ig• //. A/ PRINT NAME ADDRESS ii SIGN NAME R ot *;q l�j�a�eTt ijd ��/ 6d Q dX"",, %I -LAQ K- N da,tMDl'�C f % r►t /�, r .t r~ "T,i�tr.+ ILL /dov r - 1 m CITIZENS FOR PUBLIC ACCESS AND USE 9A Jf We the Undersigned recognize and support the need to maintain Florida's environment in Collier County. However, while numerous outdoor areas and parks exist in Collier County, not all needs and interests of the County's population are being considered, There is a large and growing segment of the population who enjoy camping, hunting and riding off road vehicles. Current efforts to maintain dic environment in Collier County will prohibit these activities by preventing access to areas where these activities are currently possible, or by taking away the areas themselves through buyout. We the Undersigned petition the United States Federal Government, the State of Florida, Florida Governor .lebBush, the Army Corp of Engineers, Southwest Florida Water Management, the Big Cypress Basin Board, the Department of Environmental Protection, the State of Florida Division of Forestry, the Florida Wildlife Federation, the Audubon Society, the Conservancy of Southwest Florida, the State of Florida Department of Agriculture, the Natural Resources Conservation Service, the Envirorimmtal Advisory Committee, ,he Collier County plaing Commission and the Board of Collier County Commissioners to stop prohibiting access to areas suc rur h as Picayune Strand State Forest, Southern Golden Gate Estates via Miller Road, Everglades Boulevard and Sabal Palm Road Extension, and to stop buyittg out areas such as Northern Golden Gate Estates for environnze »tal conservancy purposes. DATE PRINT NAME 1. . vim_ A✓ 3. 4. S. 6. 7. 9• _ — — 10. 14. 3djt $.14 ay( Al L� 1 rJ" �-� DJ CITIZENS FOR PUBLIC ACCESS AND USE 9A wJ We- the Undersigned recognize and support the need to maintain Florida's environment in Collier County. However, while numerous outdoor areas and parks exist in Collier County, not all needs and interests of the County's population are being considered. There is , large and browing segment of the population who enjoy camping, hunting and riding off -road vehicles. Current efforts to maintain dte environment in Collier County will prohibit these activities by preventing access to areas where these activities are currently possible. or by taking away the areas themselves through buyout. We the Undersigned petition the United States Federal Government, the State of Florida, Florida Governor Jeb Bush, the Army Corp of Engineers, Southwest Florida Water Management, the Big Cypress Basin Board, the Department of Environmental Protection, the State of Florida Division of Forestry, the Florida Wildlife Federation, the Audubon Society, the Conservancy of Southwest Florida, the State of Florida Department of Agriculture, the Natural Resources Conservation Service, the Environmental Advisory Committee. the Collier County Planning Commission and the Board of Collier County Commissioners to stop prohibiting access to areas such as Picayune Strand State Forest, Southern Golden Gate Estates via Miller Road, Everglades Boulevard and Sabal Palm Road Extension, and to stop buying out areas such as Northern Golden Gate Estates for environmental conservancy purposes. ATE PRINT NAME ADDRESS SIGN NAME Ci e �39� e4fleullio e j z% 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 14. 15. r ;. CITIZENS FOR PUBLIC ACCESS AND USE 9A 11 4 We the Undersigned recognize and support the need to maintain Florida's environment in Collier County. However, while numerous outdoor areas and parks exist in Collier County, not all needs and interests of the County's population are being considered. There is a [arse and growing segment of the population who enjoy camping, hunting and riding off -road vehicles. Current efforts to maintain the environment in Collier County will prohibit these activities by preventing access to areas where these activities are currently possible, or by taking away the areas themselves through buyout. We the Undersigned petition the United States Federal Government, the State of Florida, Florida Governor Jeb Bush, the Army Corp of Engineers, Southwest Florida Water Management, the Big Cypress Basin Board, the Department of Environmental Protection, the State of Florida Division of Forestry, the Florida Wildlife Federation, the Audubon Society, the Conservancy of Southwest Florida, the State of Florida Department of Agriculture, the Natural Resources Conservation Service, the Environmental Advisory Committee, the Collier County Planning Commission and the Board of Collier County Commissioners to stop prohibiting access to areas such as Picayune Strand State Forest, Southern Golden Gate Estates via Miller Road, Everglades Boulevard and Sabal Palm Road Extension, and to stop buying out areas such as Northern Golden Gate Estates for environmental conservancy purposes. DATE PRINT NAME ADDRESS SIGN N ANIE La l.1 ra and e rS S 12 f� o f a� �(%� e(c+,rta%; Ra, ! 137 2. 3. 4. 5. 6. 7. 9. 10. 11. 12. 14. 15. V CITIZENS FOR PUBLIC ACCESS AND USE I J We the Undersigned recognize and support the need to maintain Florida's environment in Collier County. However, while numerous uutdoor areas and parks exist in Collier County, not all needs and interests of the County's population are being considered. There is a large and growing segment of the population who enjoy camping, hunting and riding off -road vehicles. Current efforts to maintain the environment in Collier County will prohibit these activities by preventing access to areas where these activities are currently possible, or by taking away the areas themselves through buyout. We the Undersigned petition the United States Federal Government, the State of Florida, Florida Governor Jeb Bush, the Army Corp of Engineers, Southwest Florida Water Management, the Big Cypress Basin Board, the Department of Environmental Protection, the State of Florida Division of Forestry, the Florida Wildlife Federation, the Audubon Society, the Conservancy of Southwest Florida, the State of Florida Department of Agriculture, the Natural Resources Conservation Service, the Environmental Advisory Committee. the Collier County Planning Commission and the Board of Collier County Commissioners to stop prohibiting access to areas such as Picayune Strand State Forest, Southern Golden Gate Estates via Miller Road, Everglades Boulevard and Saba] Palm Road Extension, and to stop buying out areas such as Northern Golden Gate Estates for environmental conservancy purposes. DATE PRINT NAME 2. /1G' L 3. -1 U l An kioel I 4. 5 ._(` -Ot 'IC)onriLX- 61Ct1J;r. ADDRESS SIGN NAME MMISM W1 :i, M �tJ�ES 3�1 t t a 5.��q�O1 6. 3 hiloi 8. 3 —LI —a i 9. 10.3�A ' [ 12. -3�Z6 14 :— 15. DegfJe r7eicaW ov� x, +A 015 y.jG U 1 Live, ,ti�pl.J r? ►r y Zu7 CL�11 J r f ✓• I O�l Q" C, K D / 3q /!7 11111'i*I�p Z CITIZENS FOR PUBLIC ACCESS AND USE I 9A We the Undersigned recognize and support the need to maintain Florida's environment in Collier County. However, while numerous outdoor areas and parks exist in Collier County, not all needs and interests of the County's population are being considered. There is a large and growing segment of the population who enjoy camping, hunting and riding off -road vehicles. Current efforts to maintain the environment in Collier County will prohibit these activities by preventing access to areas where these activities are currently possible. or by taking away the areas themselves through buyout. We the Undersigned petition the United States Federal Government, the State of Florida, Florida Governor 7eb Bush, the Army Corp of Engineers, Southwest Florida Water Management, the Big Cypress Basin Board, the Department of Environmental Protection, the State of Florida Division of Forestry, the Florida Wildlife Federation, the Audubon Society, the Conservancy of Southwest Florida, the State of Florida Department of Agriculture, the Natural Resources Conservation Service, the Environmental Advisory Committee. the Collier County Planning Commission and the Board of Collier County Commissioners to stop prohibiting access to areas such as Picayune Strand State Forest, Southern Golden Gate Estates via Miller Road, Everglades Boulevard and Sabal Palm Road Extension. and to stop buying out areas such as Northern Golden Gate Estates for environmental conservancy purposes. DATE PRINT NAME al1. n� 2. 3. 3 - -Q:) -a( `Z:).,, ; � 4. ADDRESS F.J. , 1 , •1�- . N. 5. 6. 7. 8. \ 9. 10. 11. 12. ."14. 15. r%40 SIGN N kNIE CITIZENS FOR PUBLIC ACCESS AND USE t 9A -,I We the Undersigned recognize and support the need to maintain Florida's environment in Collier County. However, while numerous outdoor areas and parks exist in Collier County, not all needs and interests of the County's population are being considered. There is a large and growing segment of the population who enjoy camping, hunting and riding off -road vehicles. Current efforts to maintain the environment in Collier County will prohibit these activities by preventing access to areas where these activities are currently possible, or by taking away the areas themselves through buyout. We the Undersigned petition the United States Federal Government, the State of Florida, Florida Governor Jeb Bush, the Army Corp of Engineers, Southwest Florida Water Management, the Big Cypress Basin Board, the Department of Environmental Protection, the State of Florida Division of Forestry, the Florida Wildlife Federation, the Audubon Society, the Conservancy of Southwest Florida, the State of Florida Department of Agriculture, the Natural Resources Conservation Service, the Environmental Advisory Committee, the Collier County Planning Commission and the Board of Collier County Commissioners to stop prohibiting access to areas such as Picayune Strand State Forest, Southern Golden Gate Estates via Miller Road, Everglades Boulevard and Sabal Palm Road Extension, and to stop buying out areas such as Northern Golden Gate Estates for environmental conservancy purposes. DATE PRINT NAME ADDRESS SIGN NAME � 1. 3 —� -b �/l /y�f?i3 i��� L" l cJ 2. �4,.- 3. :1:.�. t. &Z--e ! 5 1`- ".f'..i Z y 711-) .�, �.-- - ✓ti'i "C Jam"'`- �(? r' „'.(;,'�t / , j 4. S. 6. 7. 8. 9. 10. 11. 12. 14. is CITIZENS FOR PUBLIC ACCESS AND USE L I We the Undersigned recognize and support the need to maintain Florida's environment in Collier County. However, while numerous outdoor areas and parks exist in Collier County, not all needs and interests of the County's population are being considered. There is a large and growing segment of the population w•ho enjoy camping, hunting and riding off -road vehicles. Current efforts to maintain the environment in Collier County will prohibit these activities by preventing access to areas where these activities are currently possible, or by taking away the areas themselves through buyout. Wt�the Undersigned petition the United States Federal Government, the State of Florida, Florida Governor Jeb Bush, the Army Corp of Engineers, Southwest Florida Water Management, the Big Cypress Basin Board, the Department of Environmental Protection, the State of Florida Division of Forestry, the Florida Wildlife Federation, the Audubon Society, the Conservancy of Southwest Florida. the State of Florida Department of Agriculture, the Natural Resources Conservation Service, the Environmental Advisory Committee, the Collier County Planning Conunission and the Board of Collier County Commissioners to stop prohibiting access to areas such as Picayune Strand State Forest, Southern Golden Gate Estates via Miller Road, Everglades Boulevard and Saba] Palm Road Extension, and to stop buying out areas such as Northern Golden Gate Estates for environmental conservancy purposes. DATE 1. 2. all 3. 4. 5.�3as e. �zs 7. 8. 9. 10. 11. 12. 14. 15. PRINT NAME ADDRESS SIGN NAME LON- fCACe :V- a rele -o G3 6v, SAO/ A, A e r 3�2d sue-' C _SAO! CITIZENS FOR PUBLIC ACCESS AND USE 9 We the Undersigned recognize and support the need to maintain Florida's environment in Collier County. However, while numerous outdoor areas and parks exist in Collier County, not all needs and interests of the County's population are being considered. There is a large and growing segment of the population who enjoy camping, hunting and riding off -road vehicles. Current efforts to maintain the environment in Collier County will prohibit these activities by preventing access to areas where these activities are currently possible, or by taking away the areas themselves through buyout. We the Undersigned petition the United States Federal Government, the State of Florida, Florida Governor Jeb Bush, the Army Corp of Engineers, Southwest Florida Water Management, the Big Cypress Basin Board, the Department of Environmental Protection, the State of Florida Division of Forestry, the Florida Wildlife Federation, the Audubon Society, the Conservancy of Southwest Florida, the State of Florida Department of Agriculture, the Natural Resources Conservation Service, the Environmental Advisory Committee, the Collier County Planning Conunission and the Board of Collier County Commissioners to stop prohibiting access to areas such as Picayune Strand State Forest, Southern Golden Gate Estates via Miller Road, Everglades Boulevard and Sabal Palm Road Extension, and to stop buying out areas such as Northern Golden Gate Estates for environmental conservancy purposes. DATE 1. )x�, to l 2. 3- a & - -3� 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 14. 15. PRINT NAMF. Ole !1556 61 rr C, S c:n ADDRESS SIGN NAME 1-�401 al ton CITIZENS FOR PUBLIC ACCESS AND USE 9 A ligned recognize and support the need to maintain Florida's environment in Collier County. However, while numerous outdoor areas and parks exist in Collier County, not all needs and interests of the County's population are being considered. There is a large and - rowing segment of the population who enjoy camping, hunting and riding off -road vehicles. Current efforts to maintain the environment in Collier County will prohibit these activities by preventing access to areas where these activities are currently possible, or by taking away the areas themselves through buyout. We the Undersigned petition the United States Federal Government, the State of Florida, Florida Governor Jeb Bush, the Army Corp of Engineers, Southwest Florida Water Management, the Big Cypress Basin Board, the Department of Environmental Protection, the State of Florida Division of Forestry, the Florida Wildlife Federation, the Audubon Society, the Conservancy of Southwest Florida, the State of Florida Department of Agriculture, the Natural Resources Conservation Service, the Environmental Advisory Committee. the Collier County Planning Commission and the Board of Collier County Commissioners to stop prohibiting access to areas such as Picayune Strand State Forest, Southem Golden Gate Estates via Miller Road, Everglades Boulevard and Sabal Palm Road Extension, and to stop buying out areas such as Northern Golden Gate Estates for environmental conservancy purposes. DATE PRINT NANLE J 1. 3. S 4. �5 s. 3y 6. 7. �/IJ3 8. �S 9. 10. 11. 12. 14. 15. IL r ADDRESS SIGN NAME CITIZENS FOR PUBLIC ACCESS AND USE 9s We the Undersigned recognize and support the need to maintain Florida's environment in Collier County. However, while numerous outdoor areas and parks exist in Collier County, not all needs and interests of the County's population are being considered. There is a large and growing segment of the population who enjoy camping, hunting and riding off -road vehicles. Current efforts to maintain the environment in Collier County will prohibit these activities by preventing access to areas where these activities are currently possible, or by taking away the areas themselves through buyout. We the Undersigned petition the United States Federal Government, the State of Florida, Florida Governor Jeb Bush, the Army Corp of Engineers, Southwest Florida Water Management, the Big Cypress Basin Board, the Department of Environmental Protection, the State of Florida Division of Forestry, the Florida Wildlife Federation, the Audubon Society, the Conservancy of Southwest Florida, the State of Florida Department of Agriculture, the Natural Resources Conservation Service, the Environmental Advisory Committee, the Collier County Planning Conunission and the Board of Collier County Commissioners to stop prohibiting access to areas such as Picayune Strand State Forest, Southern Golden Gate Estates via Miller Road, Everglades Boulevard and Sabal Palm Road Extension, and to stop buying out areas such as Northern Golden Gate Estates for environmental conservancy purposes. DATE 1. J�4a1 2. 3 /2zle( 3. 4. ,2 /O 5. , U�z 6. /0 8. 9 (� 1 10. 3 tg, 11. I /Z- Z/O 12. 14.3 ON 15. PRINT NAME D Vu.st.S �p✓JG&>AJ i► p - �C�1tU�. -- aqu /d 199dersr,.,. ADDRESS &&" �,--, x"W.0Ar- s r-q,13 6-cooc C�- RAyef ; 1`rr;ol � t+sce h9M{ /CNAtL rcx $S S Cc. MC- G /-C/, 1114 l 3 �* 136? 7,0S ill rn cav \4eek 57' q4kQtA?—,5 e o �W�e �.r CITIZENS FOR PUBLIC ACCESS AND USE 9A :,A We the Undersigned recognize and support the need to maintain Florida's environment in Collier County. However, while numerous outdoor areas and parks exist in Collier County, not all needs and interests of the County's population are being considered. There is a large and growing segment of the population who enjoy camping, hunting and riding off -road vehicles. Current efforts to maintain the environment in Collier County will prohibit these activities by preventing access to areas where these activities are currently possible, or by taking away the areas themselves through buyout. We the Undersigned petition the United States Federal Government, the State of Florida, Florida Governor Jeb Bush, the Army Corp of Engineers, Southwest Florida Water Management, the Big Cypress Basin Board, the Department of Environmental Protection, the State of Florida Division of Forestry, the Florida Wildlife Federation, the Audubon Society, the Conservancy of Southwest Florida, the State of Florida Department of Agriculture, the Natural Resources Conservation Service, the Environmental Advisory Committee, the Collier County Planning Commission and the Board of Collier County Commissioners to stop prohibiting access to areas such as Picayune Strand State Forest, Southern Golden Gate Estates via Miller Road, Everglades Boulevard and Sabal Palm Road Extension. and to stop buying out areas such as Northern Golden Gate Estates for environmental conservancy purposes. DATE 1. �t 2. 3 �� 3 / 3. NO 4.3 01 5. 6. Ji 114i 7. g. 9. 10. 11. Z / � 0? 12. 14. 15. PRINT NAME -fA ^ 1461 100L�- ADDRESS 59C '1�51" cq;e (V _ 360 Cc' -7 91 -2 �Sy5" OZ(ZA(C ALA(os �� c3, 5�U1014e .ko v 6 ove Tc- 211 Z; �c.l J�err -a0� -17 lam` �b D ae-t1,,4& 4J�I�L - ?/ A � 5V r 11,74) 1ak15 -)2o SIGN NAME � ��IVZUK= A 4 ,ty--o C,"SL:10 Milo 1, - - , " , --- `� CITIZENS FOR PUBLIC ACCESS AND USE 9 A We the Undersigned recognize and support the need to maintain Florida's environment in Collier County. However, while numerous outdoor areas and parks exist in Collier County, not all needs and interests of the County's population are being considered. There is a large and growing segment of the population who enjoy camping, hunting and riding off -road vehicles. Current efforts to maintain the environment in Collier County will prohibit these activities by preventing access to areas where these activities are currently possible, or by taking away the areas themselves through buyout. We the Undersigned petition the United States Federal Government, the State of Florida, Florida Governor Jeb Bush, the Army Corp of Engineers, Southwest Florida Water Management, the Big Cypress Basin Board, the Department of Environmental Protection, the State of Florida Division of Forestry, the Florida Wildlife Federation, the Audubon Society, the Conservancy of Southwest Florida, the State of Florida Department of Agriculture, the Natural Resources Conservation Service, the Environmental Advisory Committee, the Collier County Planning Commission and the Board of Collier County Commissioners to stop prohibiting access to areas such as Picayune Strand State Forest, Southern Golden Gate Estates via Miller Road, Everglades Boulevard and Sabal Palm Road Extension, and to stop buying out areas such as Northern Golden Gate Estates for environmental conservancy purposes. DATE 1. 15— -0/ 2. 3. --� - 9 - Q/ 4.3- - o r 5. 3-1-6( 7_ 6. � Q 7. 3 g D s. 9. ?-J )DI 10.�'�'U/ 12. lJ / 14.3 Q� 115. Vel 1"5,1 jk\0 -, hk ?-1 (--o 1 PRINT NAME 7H��I�S /-, "P FIz,g VC-E S ta' ! .L e Le j5�vor,cfa Nob Le ADDRESS )t��� Q FC - �U 13--? knb(ns6n -B � tom, 3 y 3 9 h a x �tD _ Duce 1151 icl SIGN NAME ORMAWWA� 7Z-A�� 34134 ex) y AdtA 5,0X-23 ca j k.4.v c, - t y r- w � 9 �, CITIZENS FOR PUBLIC ACCESS AND USE We the Undersigned recognize and support the need to maintain Florida's environment in Collier County. However, while numerous outdoor areas and parks exist in Collier County, not all needs and interests of the County's population are being considered. There is a large and growing segment of the population who enjoy camping, hunting and riding off -road vehicles. Current efforts to maintain the environment in Collier County will prohibit these activities by preventing access to areas where these activities are currently possible, or by taking away the areas themselves through buyout. We the Undersigned petition the United States Federal Government, the State of Florida, Florida Governor Jeb Bush, the Army Corp of Engineers, Southwest Florida Water Management, the Big Cypress Basin Board, the Department of Environmental Protection, the State of Florida Division of Forestry, the Florida Wildlife Federation, the Audubon Society, the Conservancy of Southwest Florida, the State of Florida Department of Agriculture, the Natural Resources Conservation Service, the Environmental Advisory Committee. the Collier County Planning Commission and the Board of Collier County Commissioners to stop prohibiting access to areas such as Picayune Strand State Forest, Southern Golden Gate Estates via Miller Road, Everglades Boulevard and Sabal Palm Road Extension, and to stop buying out areas such as Northern Golden Gate Estates for environmental conservancy purposes. DATE PRINT NANIE .�/ i / �t � G • o f �K� �t'ss 3. 5. 6 -10 -b) 6. :5 —/(J J '0 � 7. 0 ��- g.� l O6 Z 9. l 00 r 10. —311610,1 0, 11. ( c/)� / 12. r b I 14. 15. O O _Ab � Ili go 1- 0 5 z4ZC;, �,J P F-L 33�c4s 047-13- -� 6JQP / E p >J 1 �S y D12:--# - c 8o' Corxtand Aye - bazibidr-, C�4,, Pt all �066� F-"t 34 �• 4�1 SIGN NAME A r , r--,% n 'n CITIZENS FOR PUBLIC ACCESS AND USE � 9A We the Undersigned recognize and support the need to maintain Florida's environment in Collier County, However, while numerous outdoor areas and parks exist in Collier County, not all needs and interests of the County's population are being considered. There is a large and growing segment of the population who enjoy camping, hunting and riding off -road vehicles. Current efforts to maintain the environment in Collier County will prohibit these activities by preventing access to areas where these activities are currently possible, or by taking away the areas themselves through buyout. We the Undersigned petition the United States Federal Government, the State of Florida, Florida Governor Jeb Bush, the Army Corp of Engineers, Southwest Florida Water Management, the Big Cypress Basin Board, the Department of Environmental Protection, the State of Florida Division of Forestry, the Florida Wildlife Federation, the Audubon Society, the Conservancy of Southwest Florida, the State of Florida Department of Agriculture, the Natural Resources Conservation Service, the Environmental Advisory Committee, the Collier County Planning Commission and the Board of Collier County Commissioners to stop prohibiting access to areas such as Picayune Strand State Forest, Southern Golden Gate Estates via Miller Road, Everglades Boulevard and Sabal Palm Road Extension, and to stop buying out areas such as Northern Golden Gate Estates for environmental conservancy purposes. DATE 1 1• 1 � },Cl� 2. C' 1 r 3. 4. -0 5. 6: PRINT NAME ADDRESS 15 A A� G4 a +c.. trice, Se 1 %7isA or(-' IeCj /0Q SIGN NAME 8. ;— 9. 11. 12. 14. 15. "7 i CITIZENS FOR PUBLIC ACCESS AND USE I 9A We the Undersigned recognize and support the need to maintain Florida's environment in Collier County. However, while numerous outdoor areas and parks exist in Collier County, not all needs and interests of the County's population are being considered. There is a large and growing segment of the population who enjoy camping, hunting and riding off -road vehicles. Current efforts to maintain the environment in Collier County will prohibit these activities by preventing access to areas where these activities are currently possible. or by taking away the areas themselves through buyout. We the Undersigned petition the United States Federal Government, the State of Florida, Florida Governor Jeb Bush, the Army Corp of Engineers, Southwest Florida Water Management, the Big Cypress Basin Board, the Department of Environmental Protection, the State of Florida Division of Forestry, the Florida Wildlife Federation, the Audubon Society, the Conservancy of Southwest Florida, the State of Florida Department of Agriculture, the Natural Resources Conservation Service, the Environmental Advisory Committee, the Collier County Planning Commission and the Board of Collier County Commissioners to stop prohibiting access to areas such as Picayune Strand State Forest, Southern Golden Gate Estates via Miller Road, Everglades Boulevard and Sabal Palm Road Extension, and to stop buying out areas such as Northern Golden Gate Estates for environmental conservancy purposes. DATE PRINT NAME 1. :3 0 (L hoc. f- aouC.iWS 2. 4. 3 —a61 CV'�n 5. 3+�'� t ��'ti� LXa�►he� 6. 31Z 8. 9. 10. 11. 12. 14. 15. ADDRESS C9 s f l SaN1�) AY�� yaao sW� A�£ NE Y3 NV�' SIGN NAME �����C1\ 71n r CITIZENS FOR PUBLIC ACCESS AND USE 9A We the Undersigned recognize and support the need to maintain Florida's environment in Collier County. However, while numerous outdoor areas and parks exist in Collier County, not all needs and interests of the County's population are being considered. There is a large and growing segment of the population who enjoy camping, hunting and riding off -road vehicles. Current efforts to maintain the environment in Collier County will prohibit these activities by preventing access to areas where these activities are currently possible, or by taking away the areas themselves through buyout. We the Undersigned petition the United States Federal Government, the State of Florida, Florida Governor Jeb Bush, the Army Corp of Engineers, Southwest Florida Water Management, the Big Cypress Basin Board, the Department of Environmental Protection, the State of Florida Division of Forestry, the Florida Wildlife Federation, the Audubon Society, the Conservancy of Southwest Florida, the State of Florida Department of Agriculture, the Natural Resources Conservation Service, the Environmental Advisory Committee, the Collier County Planning Commission and the Board of Collier County Commissioners to stop prohibiting access to areas such as Picayune Strand State Forest, Southern Golden Gate Estates via Miller Road, Everglades Boulevard and Sabal Palm Road Extension, and to stop buying out areas such as Northern Golden Gate Estates for environmental conservancy purp DATE 1. by 2k -o z. a 5. 7. 8. 9. 10. 11. 12. 14. 15. PRINT NAME ADDRESS 1 I C I, ASS rr-m CITIZENS FOR PUBLIC ACCESS AND USE � 9A We the Undersigned recognize and support the need to maintain Florida's environment in Collier County. However, while numerous outdoor areas and parks exist in Collier County, not all needs and interests of the County's population are being considered. There is a large and growing segment of the population who enjoy camping, hunting and riding off -road vehicles. Current efforts to maintain the environment in Collier County will prohibit these activities by preventing access to areas where these activities are currently possible, or by taking away the areas themselves through buyout. We the Undersigned petition the United States Federal Government, the State of Florida, Florida Governor Jeb Bush, the .army Corp of Engineers, Southwest Florida Water Management, the Big Cypress Basin Board, the Department of Environmental Protection, the State of Florida Division of Forestry, the Florida Wildlife Federation, the Audubon Society, the Conservancy of Southwest Florida, the State of Florida Department of Agriculture, the Natural Resources Conservation Service, the Environmental Advisory Committee. the Collier County Planning, Commission and the Board of Collier County Commissioners to stop prohibiting access to areas such as Picayune Strand State Forest, Southern Golden Gate Estates via Miller Road, Everglades Boulevard and Sabai Palm Road Extension, and to stop buying out areas such as Northem Golden Gate Estates for environmental conservancy purposes. DATE PRINT NA;rIE ADDRESS .f- �/co7�Ci C.ar� /yCl1��Sevi /�c) %tJ� �0�/�ce.M�rf :.c�`T; 3. --5 D.C% %` co l ;..?,1/- o / 6. 8. 9. 10. 11. 12. 14. 15. -7--Z� t�r U-XOC%-P- n po6c�fG0> els aG - I I-lAgee-Im 4 SIGN N.VNILE 1 �� CITIZENS FOR PUBLIC ACCESS AND USE 9A i.J, We the Undersigned recognize and support the need to maintain Florida's environment in Collier County. However, while numerous outdoor areas and parks exist in Collier County, not all needs and interests of the County's population are being considered. There is a large and growing segment of the population who enjoy camping, hunting and riding off -road vehicles. Current efforts to maintain the environment in Collier County will prohibit these activities by preventing access to areas where these activities are currently possible, or by taking away the areas themselves through buyout. We the Undersigned petition the United States Federal Government, the State of Florida, Florida Governor Jeb Bush, the Army Corp of Engineers, Southwest Florida Water Management, the Big Cypress Basin Board, the Department of Environmental Protection, the State of Florida Division of Forestry, the Florida Wildlife Federation, the Audubon Society, the Conservancy of Southwest Florida, the State of Florida Department of Agriculture, the Natural Resources Conservation Service, the Environmental Advisory Committee, the Collier County Planning Commission and the Board of Collier County Commissioners to stop prohibiting access to areas such as Picayune Strand State Forest, Southern Golden Gate Estates via Miller Road, Everglades Boulevard and Sabal Palm Road Extension, and to stop buying out areas such as Northern Golden Gate Estates for environmental conservancy purposes. DATE PRINT NAME l_ 1 2. La' d/ oQ'/l cif 3. j ur t �� ►� 4. 5. 6. 7. 8. 9. 10. 11. 12. 14. 15. ADDRESS '32&'�' 6 +,, gut �Sx _537 J , 1,J, , N NAMF, - "M Io d) ,zIt RECORDED OFFICIAL RECORD BOOK COLLIER COUV1'1', FLORIDA JAN Z5 114 PM'79 567350 DECLARATION OF CONDOMINIUM OF VANDERBILT BEACHCOMBER CONDOMINIUM R 3 93 PAGE 253 1 9B MADE this the day of_ 1978, by FRANK COMERIATO, TRUSTEE, hereinafter called Developer, for himself, his successors and assigns. WHEREIN the Developer makes the following declarations: 1. PURPOSE. The purpose of this Declaration is to submit the lands described in this instrument and improvements on such lands to the condominium form of ownership and use in the manner provided in Chapter 718, Florida Statutes, herein- after called the Condominium Act. 1.1 NAME AND ADDRESS. The name by which this condominium is to be VANDERBILT BEACHCOMBER CONDOMINIUM, located at 10620 Gulf Shore Dr., Naples, Fla. 1.2. THE LAND. The lands owned by Developer, which by this instrument are submitted to the condominium form of ownership, are the following described lands lying in Collier County, Florida: Lots 50 & 51, Block D, Re- subdivision of part of CONNER'S VANDERBILT BEACH ESTATES, Unit No. 1, according to Plat in Plat Book 3, Page 18, Public Records of Collier County, Florida. which lands are called "the land ". 2. DEFINITIONS. The terms used in this Declaration and in its exhibits shall have the meanings stated in the Condominium Act and as follows, unless the context otherwise requires: 2.1. Unit means the condominium unit or apartment which is the part of the condominium property which is subject to private ownership. 2.2. Unit owner means the owner of the condominium unit or apartment as defined herein. 2.3. Association means VANDERBILT BEACHCOMBER, INC. and its successors. 2.4. Common elements shall include the land on which the improvements are located. The tangible personal property required for the maintenance and operation of the condominium even though owned by the Association, the portions of the condominium property not included in the unit, as well as the items stated in the Condominium Act. Limited Common Elements means and includes those common elements which are reserved for the use of a certain unit or units to the exclusion of other units, and which consists of parking spaces and storage spaces identified as such on Exhibit "B" and balconies access for which may be gained only through a unit contiguous to that balcony. Condominium Exhibit B filed in Condominium Book 12 page 95. January 25, 1979. William J. Reagan, Clerk by Nancy Grunt EXHIBIT V I qILIS 0 9 B J 793 PAGE 25E . 2.5. Common expenses, include expenses of administration; expenses of maintenance, operation, repair or replacement of the common elements, and of the portions of units to be maintained by the Association, expenses declared to be such by this Declaration or by the By -Laws of the Association, and any valid charge against the condominium property as a whole. Common expenses shall likewise include expenses for taxes, insurance, and assessments made by VANDERBILT BEACHCOMBER, INC. pursuant to the Declaration of Condominium of VANDERBILT BEACHCOMBER CONDOMINIUM. 2.6. Condominium means the condominium created by this Declaration of Condominium. 2.7. Singular, Plural, Gender. Whenever the context so permits, the use of the plural shall include the singular, the singular the plural, and the use of any gender shall be deemed to include all genders. 2.8. Utility services as use in this Declaration and By -Laws, shall include but not be limited to electric power, gas, hot and cold water, heating, refrigeration, air conditioning and garbage and sewage disposal. 3. DEVELOPMENT PLAN. The condominium is described and established as follows: 3.1. Survey. A survey of the land showing the improvements on it is attached as Exhibit "A ". 3.2. Attached hereto as Exhibit "A" is an approximation of the location of the improvements to be constructed upon the land and which shows the approximate floor plans to be employed and their approximate location within the proposed condominium as represented to the Surveyor as being constructed by the Developer. The Developer reserves the right upon substantial completion of the improvements to be constructed upon the land to amend this Declaration of Condominium so as to attach a completed graphic description of the improvements in which the units are located together with a plot plan thereof establishing floor elevations apart- ment locations, and typical unit floor plans. Such amendment to substitute the completed Exhibit will be certified by a Land Surveyor authorized to practice in the State of Florida, with the certificate to state the construction of the improve- ments is substantially complete so that the material contained on said Exhibit "A" together with the provisions of this Declaration of Condominium is an accurate representation of the location and dimensions of the common elements and of each unit can be determined from said Exhibit "A" and this Declaration of Condominium. 3.3. Easements are reserved through the condominium property as may be required for utility services in order to serve the condominium adequately; provided,_however, such easements through a unit shall be only according to the plans and specifications for the apartment building, or as the building is constructed, unless approved in writing by the unit owner. 3.4. Improvements, General Description. Apartment buildings, house, landscaping, paving, swimming pool, docks, and related facilities. 3.5. Unit Boundaries. The unit boundaries are defined as follows: a. Upper and Lower Boundaries. -2- The upper and lower boundaries 1 9 B RED 793 PAGE 2.5.5 of the unit shall be the following boundaries extended to an intersection with the perimetrical boundaries: (1) Upper boundary... the horizontal plane of the undecorated finished ceiling. (2) Lower boundary... the horizontal plane of the undecorated finished floor. b. Perimetrical Boundaries. The perimetrical boundaries of the unit shall be the vertical plans of the undecorated, finished interior of the walls bounding the unit extended to intersections with each other and with the upper and lower boundaries. 4. THE UNIT. The units of the condominium are described more particularly and the rights and obligations of their owners established as follows: 4.1. Typical Unit Plans. Typical floor plans are attached as exhibits pursuant to paragraph 3.2. hereof. 4.2. Unit Numbers. For the purpose of identification each unit has been assigned a condominium number as set forth in Exhibit "B" attached hereto. Such numbers are: 1, 2, 3, 4, 5, & 6. 4.3. The undivided share owned by each apartment owner in the common elements, the common surplus and the fraction of sharing common expenses shall be as follows: Unit #1 = 2 /7th; Units 2, 3, 4, 5, & 6 = 1 /7th. 4.4. Voting rights. The owner of each unit or in the case of joint ownership, the owners collectively of a unit shall each have one vote. 5. MAINTENANCE, ALTERATION AND IMPROVEMENT. Responsibility for the maintenance of the condominium property, and restrictions upon its alteration and improvement, shall be as follows: 5.1. Units. a. By the Association. The Association shall maintain, repair and replace at the Associations' expense: (1) All portions of a unit, except interior wall, ceiling and floor - surfaces, and balconies, contributing to the support of the apartment building, which portions shall include but not be limited to loadbearing walls. (2) All conduits, ducts, plumbing, wiring, and other facilities for the furnishing of utility services contained in the portions of an apartment building maintained by the Association, and all such facilities contained within a unit that service part of parts of the condominium other than the unit within which it is contained; and (3) All incidental damage caused to an apartment by such -3- RE ..1 � 3 PAGE 20 y at the expense of the Association. The cost of any maintenance, repair or replace- * responsibility of the association, shall be s in that building in the same fractional shares in nit owner. The responsibility of the unit owner shall To maintain, repair and replace at his expense all e portions to be maintained, repaired and replaced by e -done without disturbing the rights of the other unit Not to paint or otherwise decorate or change the appear - erior of the apartment building. To promptly report to the Association any defect or need ciation is responsible. tion and Improvement. Neither a unit owner nor the eration in portions of a unit or apartment building that sociation, nor remove any portion of such, make any ng that would jeopardize the safety or soundness of the any easement, without first obtaining approval in . A copy of plans for all such work shall be filed the start of the work. If the complexity of the work nay require submission of plans prepared by an architect ate. aments. Association. The maintenance and operation of the asponsibility of the Association and a common expense. - '"ion and Improvement. After the completion of the Dmmon elements contemplated by this Declaration, there '"her improvement of the real property constituting the approval in writing by the owners of not less than ants except as provided by the By -Laws. Any such L not interfere with the rights of -any unit owners 3t of such work shall not be assessed against a bank, igs and loan association that acquires its title as upon the unit owned, unless such owner shall approve , and this shall be so whether the title is acquired : hrough foreclosure proceedings. The share of any assessed to the other unit owners in the shares that ants bear to each other. There shall be no change in : owner in the common elements altered or further iit owner-contributes-to the cost of such alteration !_making and collection.of assessments against unit -4- R r .193 PAGE 2 -7 9B owners for expenses shall be pursuant to the By -Laws and subject to the following provisions: 6.1. Each apartment owner shall be liable for his prorata share of the common expense. Where the mortgagee of a first mortgage of record or other purchaser of a unit obtains title to the other purchaser of a unit obtains title to the unit as a result of foreclosure of the first mortgage, or where such acquirer of title receives title as a result of a deed given in lieu of foreclosure, such acquirer of title, his successors and assigns shall not be liable for the share of common expenses or assessments by the Association pertaining to a unit chargeable to the former unit owner which became due prior to the acquisition of title, unless such share is secured by claim of lien for assessments that was recorded prior to the recording of the mortgage in question. Such unpaid share of common expenses or assessments shall be deemed to be such common expenses collectable from all of the unit owners including the acquirer of title, his successors and assigns. A first mortgagee, acquiring title as aforesaid, shall, during the period of its ownership of such a unit, whether or not such unit is occupied or unoccupied, be liable for its share of the common expenses. 6.2. Interest, Application of Payments. Assessments and installments on such assessments paid on or before ten days after the date when due shall not bear interest, but all sums not paid on or before ten days after the date when due shall bear interest at the rate of ten per cent (10 %) per annum from the date when due until paid. All payments upon account shall be first applied to interest and then to the assessment payments first due. 6.3. Lien for Assessments. The lien for unpaid assessments shall also secure reasonable attorneys' fees incurred by the Association incident to the collection of such assessments or enforcement of such lien. 6.4. Rental Pending Foreclosure. In any foreclosure of a lien for assessment, the owner of the unit subject to the lien shall be required to pay a reasonable rental for the unit and the Association shall be entitled to the appointment of a receiver to collect same. 6.5. Liens for assessments may be foreclosed in the manner provided by Chapter 718 of the Florida Statutes. 7. ASSOCIATION. The operation of the condominium shall be by VANDERBILT BEACHCOMBER, INC., a corporation not for profit, under the laws of the State of Florida, which shall fulfill its functions pursuant to the following provisions: 7.1. Articles of Incorporation. A copy of the Articles of Incorpora- tion of the Association is attached as Exhibit "B ". 7.2. The By -Laws of the Association shall be the By -Laws of the condominium, a copy of which is attached as Exhibit "C". 7.3. Limitation Upon Liability of Association. Notwithstanding the duty of the Association to maintain and repair parts of the condominium property, the Association shall not be liable to the unit owners for injury or damage, other than the cost of maintenance and repair, caused by any latent condition of the property to be maintained and repaired by the Association or caused by the elements or other -5- owners or persons. Obs u RED j,793 PAGE 250 7.4. Restraint Upon Assignment of Shares in Assets. The share of members in the funds and assets of the Association cannot be assigned, hypothecated or transferred in any manner except as an appurtenance to an apartment. 8. INSURANCE. The insurance other than title insurance that shall be carried upon the condominium property and the property of the unit owners shall be governed by the following provisions: 8.1. Authority to Purchase; Named Insured. All insurance policies upon the condominium property shall be purchased by the Association. The named insured shall be the Association individually and as agent for the unit owners, without naming them, and as agent for their mortgagees. Provision shall be made for the issuance of mortgagee endorsements and memoranda of insurance to the mortgagees of unit owners. 8.2. Coverage. a. Casualty. All buildings and improvements upon the land shall be insured in an amount equal to the maximin insurable replacement value, excluding foundation and excavation costs, and all personal property included in the common elements shall be insured for its value, all as determined annually by the Board of Directors of the Association. Such coverage shall afford protection against: (1) Loss or damage by fire or other hazards covered by a standard extended coverage endorsement, and (2) Such other risks as from time to time shall be custom- arily covered with respect to buildings similar in construction, located and used as the buildings on the lands, including but not limited to vandalism and malicious mischief. b. Public liability in such amounts and with such coverage as shall be required by the Board of Directors of the Association, including but not limited to hired automobiles and non -owned automobile coverage, and with cross liability endorsement to cover liabilities of the unit owners as a group to a unit owner. c. Workmen's compensation policy to meet the requirements of law. d. Such other insurance as the Board of Directors of the Assoc- iation shall determine from time to time to be desirable. 8.3. Premiums. Premiums upon insurance policies purchased by the Association shall be paid by the Association as a common expense. The cost of said insurance shall be pro -rated equally between the unit owners in each building. 8.4. Insurance Trustee; Shares of Proceeds. All insurance policies purchased by the Association shall be for the benefit of the Association and the unit owners and their mortgagees as their interests may appear, and shall provide M 9 8 ' 5 9 1H 93 PAGE 2. that all proceeds will be paid to the corporate association as trustee. The duty of the trustee shall be to receive such proceeds as are paid and hold the proceeds in trust for the purposes elsewhere stated in this instrument and for the benefit of the unit owners and their mortgagees, in the following shares, but which shares need not be set forth on the records of the trustee: a. Common Elements. Proceeds on account of damage to the common elements, other than one or more of the buildings, shall be held in undivided shares for each owners, such share being the same as the undivided share in the common elements appurtenant to his unit. b. Units. Proceeds on account of damage to one or more of the buildings shall be held in the following undivided shares: (1) When damage is to one of the buildings and such building is to be restored, then such proceeds are to be held for the owners of damaged units in such buildings in proportion to the cost of repairing the damage suffered by each unit owner, which cost shall be determined by the Association. (2) When the building is not to be restored, then as an undivided share for each unit owner in such building, such share being determined in the same manner as set out in Paragraph 14.4 of this Declaration. c. Mortgagees. In the event a mortgagee endorsement has been issued as to a unit, the share of the unit owner shall be held in trust for the mortgagee and the unit owner as their interests may appear; provided, however, that no mortgagee shall have any right to determine or participate in the determination as to whether or not any damage property shall be reconstructed or repaired, and no mort- gagee shall have any right to apply or have applied to the reduction of a mortgage debt any insurance proceeds except distributions of such proceeds made to the unit owner and mortgagee pursuant to the provisions of this Declaration. 8.5. Distribution of Proceeds. Proceeds of insurance policies received by the Trustee shall be distributed to or for the benefit of the beneficial owners in the following manner: a. Expense of the Trust. All expenses of the Trustee shall be paid first or provision made for such payment. b. Reconstruction or Repair. If the damage for which the proceeds are paid is to be repaired or reconstructed, the remaining proceeds shall be paid to defray the cost of such as elsewhere provided. Any proceeds remaining after defraying such costs shall be distributed to the beneficial owners, with remittances to unit owners and their mortgagees being payable jointly to them. This is a covenant for the benefit of any mortgagee of any unit and may be enforced by such mortgagee. c. Failure to Reconstruct or Repair. If it is determined in the manner elsewhere provided that the damage for which proceeds are paid shall not be reconstructed or repaired, the remaining proceeds shall be distributed to the beneficial owners, with remittances to unit owners and their mortgagees being payable jointly to them. This is a covenant for the benefit of any mortgagee of a unit and may be enforced by such mortgagee. -7- RED ; ?93 PAGE 260 .ation'as Agent. The Association is irrevocably appointed !r and for each owner of a mortgage or other lien upon a any other interest in the condominium property to adjust tage less than One Thousand ($1,000.00) Dollars, arising irchased by the Association and to execute and deliver �f claims. The Association is irrevocably appointed agent each owner of any other interest in the condominium ms for property damage in excess of One Thousand under insurance policies purchased by the Association. ss of One Thousand ($1,000.00) Dollars, the Association d deliver releases and to accept claims for the unit owners ther interest in the condominium property, provided the of all approved mortgages. This provision shall not be e Association any authority with regard to any claims for personal injury. V OR REPAIR AFTER CASUALTY. ination to Reconstruct or Repair. If any part of the De damaged by casualty, whether or not it shall be recon- De determined in the following manner: .ton Element. If the damaged improvement is a common :y shall be reconstructed, unless it is determined in !d that the condominium shall be terminated. -tment Building. Lesser Damage. If the damaged improvement is one or ngs and if units to which 50 percent of the common building or buildings are found by the Board of Directors antable, the damaged property shall be reconstructed or ys after the casualty it is to be determined by agreement ided that the condominium shall be terminated. Major Damage. If the damaged improvement is to one or ngs and if units in such building or buildings to which common elements appurtenant to such building or buildings rectors to be not tenantable, then the damaged property repaired and the condominium will be terminated without led, unless within 60 days after the casualty the owner of nents appurtenant to such building or buildings agree :tion or repair. _ id Specifications. Any reconstruction or repair must be ,Tith the plans and specification for the original building �d as exhibits; or if not, then according to plans and ie Board of Directors of the Association, and if the to apartment buildings, by the owners of not less than !nts, which approval shall not be unreasonably withheld. bility. If the damage is only to those parts of one -8- 9B `1 A[F 261 P unit for which the responsibility of maintenance and repair is that of the ult 9 owner, then the unit owner shall be responsible for reconstruction and repair after casualty. In all other instances the responsibility of reconstruction and repair after casualty shall be that of the Association. 9.4. Estimates of Costs. Immediately after a determination is made to rebuild or repair damage to property for which the association has the respons- ibility of reconstruction and repair, the Association shall obtain reliable and detailed estimates of the cost to rebuild or repair. 9.5. Assessments. If the proceeds of insurance are not sufficient to defray the estimated costs of reconstruction and repair by the Association, or if at any time during reconstruction and repair, or completion of reconstruction and repair, the funds for the payment of the costs of reconstruction and repair are insufficient, assessments shall be made against the unit owners who own the damaged units, and against all unit owners in the case of damage to common elements, in sufficient amounts to provide funds for the payment of such costs. Such assessments against unit owners for damage to units shall be in proportion to the cost of reconstruction and repair of their respective units. Such assessments on account of damage to common elements shall be in proportion to the owner's share in the common elements. Provided, however, in the event that the insurance proceeds are insufficient to pay the trustee's fees and expenses and to make needed repairs and any owner is unable to pay an assessment to make up such insufficiency, then such owner's mortgagee shall have the option to make up said insufficiency or to require the Association, the insurance trustee and the insurer to pay such mortgagee as its interests may appear from the insurance proceeds. 10. USE RESTRICTIONS. The use of the condominium property shall be in accordance with the following provisions as long as the condominium exists and the apartment building in useful condition exists upon the land. 10.1. Units. Each of the units shall be occupied only by a family, its servants and guests, as a residence and for no other purpose. No unit may be divided or subdivided into a smaller unit nor any portion sold or otherwise trans- ferred without first amending this Declaration to show the changes in the units to be affected. 10.2. Common Elements. The common elements shall be used only for the purposes for which they are intended. 10.3. Nuisances. No nuisances shall be allowed upon the condominium property, nor any use or practice that is the source of annoyance to residents or which interferes with the peaceful possession and proper use of the property by its residents. All parts of the condominium shall be kept in a clean and sanitary condition, and no rubbish, refuse or garbage allowed to accumulate nor any fire hazard allowed to exist. No unit owner shall permit any use of his unit or make any use of the common elements that will increase the cost of insurance upon the condominium property. 10.4. Lawful Use. No immoral, improper, offensive or unlawful use shall be made of the condominium property nor any part of it; and all valid laws, zoning ordinances and regulations of all governmental bodies having jurisdiction 9B RIC. 79 PAGE 262 shall be made of the condominium property nor any part of it; and all valid laws, zoning ordinances and regulations of all governmental bodies having jurisdiction shall be observed. The responsibility of meeting the requirements of governmental bodies for maintenance, modification or repair of the condominium property shall be the same as the responsibility for the maintenance and repair of the property concerned. 10.5. Leasing. No unit owner may lease his unit more than two (2) times per year. No unit owner may lease his unit without the prior written approval of the Board of Directors. 10.6. No pets may be kept in any condominium unit. Any original owner keeping a cat or dog in any unit may continue to so keep said cat or dog. However, upon the permanent removal of said cat or dog from the unit, by death or other- wise, said owner shall not be entitled to replace said cat or dog. 10.7. No signs, advertisements or notices of any type and no exterior antennas or aerials shall be erected upon the common elements. Provided, however, the Board of Directors in their regulations may vary this requirement. 10.8. Regulations. Reasonable regulations concerning the use of the properties so long as said regulations do not attempt to vary any of the terms of this Declaration of Condominium may be made and amended from time to time by the Association in the manner provided in its Articles of Incorporation and ByLaws. It is intended that such regulation shall pertain only to the use of the common elements by all unit owners and such regulation shall not infringe upon any rights, obligations or duties imposed upon a unit owner pursuant to this article. The rights, duties and obligations imposed pursuant to this article may be altered or amended only by amendment of this Declaration of Condominium as provided for herein. 10.9. Proviso. Provided, however, that until developer has completed all of the contemplated improvements and closed the sales of all of the units of the condominium, neither the unit owners nor the Association nor the use of the condominium property shall interfere with the completion of the contemplated improvements and sale of the units. Developer may make such use of the unsold units and common areas as may facilitate such completion and sale, including but not limited to maintenance of a sales office the showing of the Property and the display of signs. 10.10. Pool. All minor children must be accompanied by an adult and must be under that adults supervision when using the pool area. 10.11. Boat Docks. Unit owners may moor their boats at the wood docks or covered boat slip only when they are in residence at the condominium. Moorage space shall be assigned by the Board of Directors of the Association. 10.12. Occupancy. No more than 4 persons shall occupy units 2,3, 4, & 5 as permanent residents at any one time. No more than 8 persons may occupy units 1 & 6 as permanent residents at any one time. 10.13. Children. No children under sixteen (16) years old shall be permitted to live as permanent residents in a condominium unit, except said -10- V .7 93 PAGE 263 9Bi e permitted to visit as guests of unit owners not more frequently :ks in any three month period. MAINTENANCE OF COMMUNITY INTERESTS. In order to maintain a community -esidents who are financially responsible and thus protect the value of transfer of units by any owner other than the Developer shall be sub - )llowing provisions as long as the condominium exists upon the land, )ns each unit owner covenants to observe: 11.1. Transfers Subject to Approval. a. Sale. No unit owner may dispose of a unit or any interest in ale without approval of the Association except to a unit owner. b. Gift. If a unit owner shall acquire his title by gift, the f his ownership of his unit shall be subject to the approval of the C. Other Transfers. If any unit owner shall acquire his title not considered in the foregoing subsections, the continuance of his his unit shall be subject to the approval of the Association. 11.2. Approval of Association. The approval of the Association that `or the transfer of ownership of units shall be obtained in the following a. Notice to Association. (1) Sale. A unit owner intending to make a bona fide sale Dr any interest in it shall give to the Association notice of such 7sgether with the name and address of the intended purchaser and such other concerning the intended purchaser as the Association may reasonably ch notice at the unit owner's option may include a demand by the unit he Association furnish a purchaser of the unit if the proposed purchaser ved; and, if such demand is made, the notice shall be accompanied by an V of the proposed contract to sell. (2) Gift; Devise or other transfers. a Unit owner who his title by gift, devise, or by any other manner not previously con - .11 give to the Association notice of the acquiring of his title, together .formation concerning the unit owner as the Association may reasonably l a certified copy of the instrument evidencing the owner's title. (3) Failure to Give Notice. If the above required notice to :ion is not given, then at any time after receiving knowledge of a trans - rent transferring ownership or possession of a unit, the Association at its i without notice, may approve or disapprove the transaction or ownership. :iation disapproves the transaction or ownership, the Association shall Lf it had received the required notice on the date of such disapproval. b. Certificate of Approval. (1) Sale. If the proposed transaction is a sale, then -11- RR _ 393 PAGE 264 and information the Association must ansaction. If approved, the approval the president and secretary of the other transfers. If the unit gift, devise or in any other such notice and information the the continuance of the apartment the approval shall be stated in a retary of the Association. Owner or Purchaser. Inasmuch as ial purposes and a corporation t owner or purchaser of a unit is a corporation may be conditioned by be approved by the Association. .on. If the Association shall the matter shall be disposed of in transaction is a sale, and if the o demand, then within 30 days the Association shall deliver or reement to purchase the unit iation who will purchase and to following terms: )aid shall be that stated in the e shall be paid in cash. closed within 30 days after the the Association shall be executed =chaser. i shall fail to provide a purchaser provided, or if a purchaser s agreement to purchase, then nsaction shall be deemed to have a certificate of approval as ance; Other Transfers. If the Dy gift, devise, or inheritance, receipt from the unit owner of ied, the Association shall Mer an agreement to purchase 9BPAGE 265 the unit concerned by a purchaser approved by the Association who will purchase and to whom the unit owner must sell the unit upon the following terms: (1) The sale price shall be the fair market value determined by agreement between the seller and purchaser within 30 days from the delivery or mailing of such agreement. In the absence of agreement as to price, the price shall be determined by arbitration in accordance with the then existing rules of the American Arbitration Association, except that the arbitrators shall be two appraisers, one of whom shall be appointed by the Association and the other of whom shall be appointed by the unit owner, who shall base their determination upon an average of their appraisals of the unit; and a judgment of specific performance of the sale upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction. The expense of the arbitration shall be paid by the purchaser. (2) The purchase price shall be paid in cash. (3) The sale shall be closed within ten (10) days following the determination of the sale price. (4) A certificate of the Association shall be executed by its president and secretary approving the purchaser. (5) If the Association shall fail to provide a purchase as required by this instrument, or if a purchaser furnished by the Association shall default in his agreement to purchase, then notwithstanding the disapproval such ownership shall be deemed to have been approved, and the Association shall furnish a certificate of approval as elsewhere provided. 11.4. Mortgage. No unit owner may mortgage his unit nor any interest in it without the approval of the Association, except to a bank, life insurance company or a savings and loan association, or to a vendor to secure a portion or all of the purchase price. The approval of any other mortgagee may be upon conditions determined by the Association or may be arbitrarily withheld. 11.5. Exceptions. The foregoing provisions of this section entitled, "Maintenance of Community Interests" shall not apply to a transfer to or purchase by a bank, life insurance company or savings and loan association that acquired its title as the result of owning a mortgage upon the unit- concerned, and this shall be so whether the title is acquired by deed from the mortgagor, his successors or assigns or through foreclosure proceedings; nor shall such provisions apply to a transfer,-sale or lease by a bank, life insurance company, or savings and loan association that so acquired its title. Neither shall such provisions require the approval of a purchaser who acquires the title to a unit at a duly advertised public sale with open bidding provided by law, such as but not limited to execution sale, foreclosure sale, judicial sale or tax sale. 11.6. Unauthorized Transactions. Any sale, mortgage or lease not authorized pursuant to the terms of this Declaration shall be void unless sub- sequently approved by the Association. 12. COMPLIANCE AND DEFAULT. Each unit owner shall be governed by and -13- I 9B RR . ?93 PAGE 266 shall comply with the terms of the Declaration of Condominium, Articles of Incorp- oration and By -Laws and the Regulations adopted pursuant to those documents, and all of such as they may be amended from time to time. Failure of a unit owner to comply with such documents and regulations shall entitle the Association or other unit owners to the following relief in addition to the remedies provided by the Condominium Act: 12.1. Negligence. A unit owner shall be liable for the expense of any maintenance, repair or replacement rendered necessary by his negligence or by that of any member of his family or his or their guests, employees, agents or lessees, but only to the extent that such expense is not met by the proceeds of insurance carried by the Association. A unit owner shall pay the Association the amount of any increase in its insurance premiums occasioned by use, misuse, occupancy or abandonment of a unit or its appurtenances, or of the common elements, by the unit owner. 12.2. Costs and Attorney's Fees. In any proceeding arising because of an alleged failure of a unit owner or the Association to comply with the terms of the Declaration of Condominium, Articles of Incorporation of the Association, the By -Laws or the regulations adopted pursuant to them, and the documents and regulations as they may be amended from time to time, the prevailing party shall be entitled to recover the costs of the proceeding and such reasonable attorney's fees as may be awarded by the court. 12.3 No waiver of Rights. The failure of the Association or any apartment owner to enforce any covenant, restrictions, or other provisions of the Condominium Act, this Declaration, the Articles of Incorporation of the Assoc- iation, the By -Laws or the Regulations shall not constitute a waiver of the right to do so thereafter. 13. AMENDMENTS. Except as elsewhere provided otherwise, this Declara- tion of Condominium, may be amended in the following manner: 13.1. Notice. Notice of the subject matter of a proposed amend- ment shall be included in the notice of any meeting at which a proposed amendment is considered. 13.2. A resolution for the adoption of a proposed amendment may be proposed by either the Board of Directors of the Association or by members of the Association. Directors and members not present in person or by proxy at the meeting considering the amendment may express their approval in writing, provided such approval is delivered to the secretary at or prior to the meeting. Provided, however, such amendment shall not change the configuration or size of any unit in any material fashion or materially alter or modify the appurtenances to such unit, nor change the proportion or percentage by which the owner of a unit shares the common expenses and owns the common surplus, and common elements, unless the record owner thereof shall join in the execution of the amendment. Except as elsewhere provided, such approvals must either by by: a. Not less than 75 per cent of the entire membership of the Board of Directors and by not less than 75 per cent of the votes of the entire membership of the Association; or b. Not less than 80 per cent of the votes of the entire -14- if' 793 PACE 280 CERTIFICATE DESIGNATING PLACE OF BUSINESS OR D01•IICILE FOR THE SERVICE OF PROCESS WITHIN THIS STATE, NAMING AGENT UPON WHOM PROCESS MAY BE SERVED In pursuance of Chapter 48.091, Florida Statutes, the following is submitted, in compliance with said Act: That VANDERBILT BEACHCOMBER, INC. desiring to organize under the laws of the State of Florida with its principal office, as indicated in the Articles of Incorporation at City of Naples , County of Collier State of Florida, has named FRANK COMERIATO located at 10620 Gulf Shore Drive, (street address and number of building - no P.O. Box) City of Naples County of Collier State of Florida, as its agent to accept service of process within this state. ACKNOWLEDGMENT Having been named to accept service of process for the above stated corporation, at place designated in this certificate, T hereby accept to act in this capacity, and agree to comply with the provision of said Act relative to keeping open said office. By: rank kCComer ai to Resident Acent 19B (. sr -LAws R[� 793 PAGE 28- OF VANDERBILT BEACHCOMBER, INC. A Non - Profit Florida Corporation ARTICLE I - GENERAL Section 1. The Name: The name of the corporation shall be VANDERBILT BEACHCOMBER, INC. Section 2. The principal office of the Corporation shall be at 10620 Gulf Shore Drive, Naples, Florida. Section 3. Resident Agent: For the purpose of service of process the corporation shall designate a resident agent or agents, which designation may be changed from time to time, and his or their office shall be deemed an office of the corporation for the purpose of service of process. Section 4. Definitions: As used herein, the term "corporation" shall be the equivalent of "association" as defined in Florida Statute Chapter 718; and the reference as if set forth herein hoc verba. ARTICLE II - DIRECTORS Section 1. Number and Term: The number of directors which shall constitute the whole board shall be SIX (6). The initial Board of Directors shall serve until the first meeting of the members or until their respective successors shall be elected. All directors shall be members of the corporation except directors elected by the developer need not be members. Commencing with the first annual meeting of the members, the directors of the corporation will be elected by the members to hold office in each instance until the next annual meeting of the members or until their successors are elected, excepting that until unit owners other than the Developer own fifteen percent (15 %) or more units in the condominium, FRANK COMERIATO, TRUSTEE, the developer, shall have the right to elect all of the directors of this corporation, which directors need not be residents of the condominium, nor owners of a condominium parcel, nor members of the corporation, and to fill vacancies in the Board of Directors. After fifteen percent, (15 %) or more units have been sold by the developer the unit owners shall have the right to elect one -third (1/3) of the Board of Directors in accordance with Florida Statute 718.301. Those directors elected by the members of the corporation, as distinguished from those directors elected by the developer, shall be members of the corporation. The developer shall have the right to elect a majority of the Board of Directors until (a) three years after 50 percent of the units that will be ultimately operated by the corporation have been conveyed to purchasers; or (b) 19 NEB 791 PAGE P8 2 until three months after 90 percent of the units that will be ultimately operated by the corporation have been conveyed to purchasers; or (c) until the developer no longer holds units for sale in the ordinary course of business; whichever occurs first. However, the developer is entitled to elect at least one member of the Board of Directors as long as the Developer holds any unit for sale in the ordinary course of business. Section 2. Vacancy and Replacement: If the office of any directors becomes vacant by reason of death, resignation, retirement, disqualification, removal from office or otherwise, a majority of the remaining directors, though less than a quorum, at a special meeting of directors duly called for this purpose shall choose a successor or successors, who shall hold office for the unexpired term in respect to which such vacancy occurred. Section 3. Removal: Directors may be removed for cause by an affirmative vote of a majority of the members. No director shall continue to serve on the Board if, during his term of office, his membership in the corporation shall be terminated for any reason whatsoever. Section 4. First Board of Directors: The first Board of Directors shall consist of the following: FRANK COMERIATO, 10620 Gulf Shore Drive, Naples, Florida 33940 JERRY KOHL, 10620 Gulf Shore Drive, Naples, Florida 33940 JACK SHANNON, 10620 Gulf Shore Drive, Naples, Florida 33940 JACK HELMICK, 10620 Gulf Shore Drive, Naples, Florida 33940 SAM COMERIATO, 10620 Gulf Shore Drive, Naples, Florida 33940 EILEEN COMERIATO, 10620 Gulf Shore Drive, Naples, Florida who shall hold office and exercise all powers of the Board of Directors until the first meeting of the members, anything herein to the contrary notwithstanding; provided, any or all of said directors shall be subject to replacement in the event or resignation or death as above provided. - Section 5. Powers: The property and business of the corporation shall be managed by the Board of Directors, which may exercise all corporate powers not specifically prohibited by statute, the Certificate of Incorporation, or the Declara- tion of which these By -Laws are attached. The powers of the Board of Directors shall specifically'include, but not be limited to the following: A. To make and collect assessments and establish the time within which payment of same are due; B. To use and expend the assessments collected to maintain, care for -2- PAGE 267 t election of directors, the developer, se the number of units nor alter the ad, however, that no amendment shall discrim- st any unit or class or group of units, 11 consent; and no amendment shall change any zts appurtenant to it, nor increase the znless the record owner of the unit concerned such unit shall join in the execution of the make any change in the section entitled d "Reconstruction or repair after "casualty ", 3es upon the condominium shall join in the =ording. A copy of each amendment shall be Zat the amendment was duly adopted, which Eficers of the Association with the formal - De effective when such certificate and copy of is Records of Collier County, Florida. ninium may be tenninated in the following led by the Condominium Act: it is determined in the manner elsewhere tall not be reconstructed because of major zip will be terminated without agreement. condominium may be terminated at any time by Dwners of units and all record owners of a rmination is submitted to a meeting of the of the meeting giving notice of the proposed aners of not less than 100 per cent of owners of all mortgages upon the units are lays from the date of such meeting, then the to buy all of the units of the other owners Erom the date of such meeting. Such approvals Lon of the option, and if the option is aocable. The option shall be upon the tion. The option shall be exercised by aach of the record owners of the apartments to signed by the record owners of apartments who i agreement shall indicate which units will be and shall require the purchase of all units Lnation, but the agreement shall effect a and his purchaser. Le price for each unit shall be the fair 15- j, 793 PAGE 268 . ler and purchaser within 30 days in the absence of agreement as cordance with the then existing �t that the arbitrators shall be ,e seller and one of whom shall determination upon an average of specific performance of the be entered in any court of .ion shall be paid by the shall be paid in cash. closed within ten (10) days of the condominium in either of :icate of the Association is to the facts effecting the re upon being recorded in the stion. After termination of the )minium property and all assets I shares in the following erning termination cannot be 11 record owners of mortgages le or in part of any covenant or clause, phrase or word, or other e Articles of Incorporation, By- ffect the validity of the on of Condominium to the the right to sell units owned espective units agree that if common element encroaches upon maintenance of same, so long as multifamily structure is he owners of the condominium anon elements or limited common f 96 "' RIC • 793 PAf,E 269 t 9B ton shall be permitted, and tintenance thereof shall rcel may exempt himself from ses by waiver of the use and 3onment of his unit. )minium parcel shall return tx Assessor of Collier governmental officer or rein contained shall be t of contribution of any unt of any deviation by the and each unit owner shall separately assessed tion the interest of the on elements shall be I to the support of the )r the benefit of all its, ducts, plumbing, services to units and the furnishing, maintenance units and the common Ln traffic over, through irtions of the common d for such purpose and and across such portions 3 intended for such t of the Condominium Unit ler the aforesaid; or create in any person 'ty except to the extent ,arking purposes. S Declaration of O I 9 R<< 393 PACE 270 STATE OF FLORIDA COUNTY OF COLLIER I HEREBY CERTIFY that on this day, before me, an officer duly authorized to take acknowledgments, personally appeared FRANK COMERIATO President, the above named person in the capacities set forth above, who upon being duly sworn, acknowledged that he executed the foregoing for the uses and purposes set forth therein. WITNESS my hand and official seal this the �_ day of 9":t 1978. -18- ary Public Commission expires: (SEALT ' O cs V -18- ary Public Commission expires: pRr 793 PAGE 271 CERTIFICATE OF SURVEYOR Made this 22nd day of September, 1978. I, BRUCE D. GREEN, of Naples, Florida, certify as follows: 1. I am a surveyor authorized to practice in the State of Florida. 2. This Certificate is made as to Vanderbilt Beach- comber Condominium, located at Naples, Collier County, Florida, and in compliance with Section 718.104 (4) (e) Florida Statutes (1977). 3. That the construction of improvements is suffic- iently complete so that the survey, attached to the Declar- ation of Condominium as Exhibit B, together with the wording of the declaration, is a correct representation of the improvements described, and that there can be determined therefrom the identification, location and dimensions of the common elements and of each unit. BRUCE D. GREEN Florida Registered Surveygr No. 1270' W 272 2 ... • ... 1. < a CL ct cr ice.• - � I n 0 vm/� • lY .ate � � ;'-� °•i•�' � . ,' •y=am -� • � Imo: i- � � t • • . I1 • • i I • • �L r�� � vw.T 1 ` y• r • o - o a e - o r remaining directors. RH .793 PAGE 276 At the time that unit owners other than the Developer elect a majority of the members of the Board of Directors of the corporation the Developer shall relinquish control of the corporation and the unit owners shall accept control. Simultaneously the Developer shall deliver to the corporation all property of the unit owners and the corporation held or controlled by the developer in accordance with the Florida Statute 718.301. Notwithstanding the above, until each unit is sold one time, the developer shall have the complete and absolute right to determine to whom the unit shall be sold and to make said sale, without procuring the approval of (a) this corporation, or its officers or directors, and (b) the members of this corporation or the owners of the condominium parcels, and (c) any parties whomsoever. In addition to the foregoing the Developer shall have the complete and absolute right to rent any unit owned by the Developer upon such terms and for such period of time and upon such conditions as the Developer may determine without procuring the approval of (a) this corporation, or its officers or directors, and (b) the members of this corporation or the owners of the condominium parcels, and (c) any parties whomsoever. TENTH: The Board of Directors shall have all the powers and duties necessary for the administration of the affairs of the corporation and shall have all powers and duties referred to in the Declaration of Condominium the VANDERBILT BEACH- COMBER COMDOMINIUM and in the Statutes of the State of Florida respecting corporations not for profit, and all of the powers defined and set forth in the Condominium Act of the State of Florida. The powers of the Board of Directors shall include, but shall not be limited to, the following: (a) to elect the officers of the corp- oration, and (b) to administer the affairs of the corporation and the condominium property, and (c) to engage the services of the manager or managing agent for the property and to fix the terms of such management agreement and the compensation and the authority of the manager or managing agent, and (d) to promulgage such rules and regulations concerning the operation and use of the property or the common elements of the condominium property as may be consistent with the Declaration of Condominium and these Articles and to amend the same from time to time, and (e) to provide for the maintenance, repair and replacement of the common elements and authorize leases with respect thereto, and (f) to estimate and adopt an annual operating budget and to provide for the assessment and collection from the Unit Owners of their respective shares of the estimated expenses. Directors shall receive no compensation for their services except as expressly provided by resolution duly adopted by the members. The Board of Directors shall have no authority to approve or authorize any capital expenditure in excess of Ten Thousand dollars, ($10,000.00), nor to authorize the corporation to enter into any contract for a term of more than three (3) years except with the approval of a majority of the votes of the unit owners and /or members of this corporation. ELEVENTH: The initial By -Laws of this corporation are those annexed to the Declaration of Condominium of VANDERBILT BEACHCOMBER CONDOMINIUM and to be recorded among the Official Records of Collier County, Florida. Such By -Laws may be altered, amended, or added to by the members in the manner provided for in said initial By -Laws or any subsequent By -Laws and in conformity with the provisions and requirements of Chapter 617, Florida Statutes. TWELFTH: These articles of Incorporation may be altered, amended, changed, added to, or repealed, in the manner now prescribed by statute or herein or by the By -Laws of this corporation at any duly called meeting of the members of this -3- I l r' 1 r ti 9B [E 793 PAGE 273 Departtunt of -Okttty I certify that the attached is a true and correct copy of the Articles of Incorporation of VANDERBILT BEACHCOMBER, INC. , a corporation not for profit organized under the Laws of the State of Florida, filed on December 29, 1978, as shown by the records of this office. The charter number for this corporation is 745449. CER 101 12.78 OF 114 E S r� T r 1% ' COD WE T�J Giurn unbrr my 4and aub top Great beat of toe Eptate of Yloribo, at 0allttljttsspr, tier Lavital, this flip 8th bag of January, 1979. �+rrrrt�trU of �tatr +1 9B RF . 7 9� PAGE 277 corporation at any duly called meeting of the members of this corporation provided: (a) the notice of the meeting is given in the manner provided for in Section 4 -B of Article V of the initial By -Laws and it contains a full statement of the proposed alteration, amendment, change, addition, or repeal, and (b) there is an affirmative vote of seventy -five percent (75 %) of the members present in person or by proxy in favor of said alteration, amendment, change, addition, or repeal. THIRTEENTH: If a condominium parcel is owned by more than one (1) person the membership relating thereto shall nevertheless have only one (1) vote which shall be exercised by the owner or person designated in writing by the owners of that parcel as the one entitled to cast a vote for the membership concerned. FOURTEENTH: This corporation shall never have or issue shares of stock nor will it ever have or provide for non - voting membership. FIFTEENTH: In the event of the termination of said condominium under the provisions of Chapter 718, Florida Statutes, pursuant to the aforesaid Declaration of Condominium the distributive share to each unit owner shall be determined with the provisions of said declaration of Condominium. SIXTEENTH: From time to time and at least once annually the corporate officers shall furnish periodic reports to the members which shall include profit and loss statements and balance sheets prepared in accordance with sound business and accounting practice. The Board of Directors shall adopt an operating budget prior to the beginning of each fiscal year. All unit owners shall be given written notice of the time and place of the meeting of the Board of Directors which will consider the budget. The meeting shall be open to the unit owners. If an adopted budget requires assessment against the unit owners in any fiscal or calendar year exceeding 115 per- cent of the assessments for the preceding year, upon written application of 10 percent of the unit owners to the Board, the Board shall call a special meeting of the unit owners within 30 days upon not less than 10 days written notice to each unit owner. At the special meeting unit owners shall consider and enact a budget. However, as long as the developer is in control of the Board of Directors, _the Board shall not impose an assessment for any year greater than 115 per- cent of the prior fiscal or calendar year's assessment without approval of a majority. SEVENTEENTH: The corporation shall have all the powers set forth and described in Chapter 617.021, Florida Statutes, together with .:hose powers conferred by the aforesaid Declaration of Condominium. EIGHTEENTH: When words or phrases relating to the condominium to be created under said Declaration of Condominium are used herein or in the By -Laws of this corporation, the meaning thereof shall be determined by the present definitions and constructions placed thereon by or under Chapter 718, Florida Statutes. _ NINETEENTH: The names and addresses of the subscribers hereto are as follows: -4- )oration is incorporated as a corporation not for profit )ter 617 Florida Statutes. .pal office and post office address of the corporation : Drive, Naples, Florida. ,se for which the corporation is organized is to provide orida Condominium Act for the operation of VANDERBILT s of this corporation shall consist of all of the record rcels in the condominium. The owner of a condominium MBER CONDOMINIUM shall automatically be and become a The share of a member in the funds and assets of this ed, hypothecated or transferred in any manner except as minium parcel. A member will be entitled to one vote owned by him. Voting may be in person or by written proxy embership and may vote through an authorized officer or P in this corporation shall cease and terminate upon ition of the member's condominium parcel. or which this corporation is to exist is perpetual unless I pursuant to the provisions of the Declaration of ACHCOMBER CONDOMINIUM or pursuant to the relevant provisions irs of the corporation are to be managed by the following :sident, Secretary, Treasurer. ?rs who are to serve until the first election of the Frank Comeriato Jerry Kohl Jack Shannon Jack Helmick .1 serve until the first election of directors at the iembers of the corporation. The directors elected at at each subsequent annual meeting of the members shall tion who will hold office until the next annual meeting until their successors are elected and qualified. 9B N ARTICLES OF INCORPORATION r n ry OF afF 793 PAU (n:;0 � r DERBILT BEACHCOMBER, INC. �° �. r in -r n � 4 • )f the corporation is VANDERBILT BEACHCOMBER INCA )oration is incorporated as a corporation not for profit )ter 617 Florida Statutes. .pal office and post office address of the corporation : Drive, Naples, Florida. ,se for which the corporation is organized is to provide orida Condominium Act for the operation of VANDERBILT s of this corporation shall consist of all of the record rcels in the condominium. The owner of a condominium MBER CONDOMINIUM shall automatically be and become a The share of a member in the funds and assets of this ed, hypothecated or transferred in any manner except as minium parcel. A member will be entitled to one vote owned by him. Voting may be in person or by written proxy embership and may vote through an authorized officer or P in this corporation shall cease and terminate upon ition of the member's condominium parcel. or which this corporation is to exist is perpetual unless I pursuant to the provisions of the Declaration of ACHCOMBER CONDOMINIUM or pursuant to the relevant provisions irs of the corporation are to be managed by the following :sident, Secretary, Treasurer. ?rs who are to serve until the first election of the Frank Comeriato Jerry Kohl Jack Shannon Jack Helmick .1 serve until the first election of directors at the iembers of the corporation. The directors elected at at each subsequent annual meeting of the members shall tion who will hold office until the next annual meeting until their successors are elected and qualified. 9Eafc. 793 FACE 275 NINTH: This corporation shall be governed by a Board of Directors consisting of Six, (6) persons and the names and addresses of the persons who are to serve as Directors until the first annual meeting of the members are as follows: NAMES ADDRESSES Frank Comeriato 10620 Gulf Shore Drive, Naples, Florida 33940 Jerry Kohl 10620 Gulf Shore Drive, Naples, Florida 33940 Jack Shannon 10620 Gulf Shore Drive, Naples, Florida 33940 Jack Helmick 10620 Gulf Shore Drive, Naples, Florida 33940 Sam Comeriato 10620 Gulf Shore Drive, Naples, Florida 33940 Eileen Comeriato 10620 Gulf Shore Drive, Naples, Florida 33940 Commencing with the first annual meeting and at each subsequent annual meeting of the members of the corporation, the Directors of the corporation will be elected by the members and they will hold office in each instance until the next annual meeting of the members or until their successors are elected and qualified, excepting that until unit owners other than the developer own fifteen percent, (15 %) or more units in the condominium, FRANK COMERIATO, TRUSTEE the Developer, shall have the right to elect all of the Directors of this corporation, which Directors need not be residents of the Condominium, nor owners of a condominium parcel, nor members of the corporation, and to fill vacancies in the Board of Directors. After fifteen percent, (15 %) or more units have been sold by the developer the unit owners shall have the right to elect one -third of the Board of Directors in accordance with Florida Statute 718.301. Those Directors elected by the members of the corporation, as distinguished from those Directors elected by the developer, shall be members of the corporation. Directors of the corporation shall be elected at the annual meeting of the members in the manner determined by the By -Laws. Directors may be removed and vacancies on the Board of Directors shall be filled in the manner provided by the By -Laws. The Developer shall have the right to elect a majority of the Board of Directors until (a) three years after 50 percent of the units that will be ultimately operated by the corporation have been conveyed to purchasers; or (b) until three months after 90.percent of the units that will be ultimately operated by the corp- oration have been conveyed to purchasers; or (c) until the Developer no longer holds units for sale in the ordinary course of business; whichever occurs first. However, the Developer is entitled to elect at least one member of the Board of Directors as long as the Developer holds any unit for sale in the ordinary course of business. The first meeting of the members and the first election of directors may be restricted by the developer as provided for in the By -Laws to be adopted for the corporation. The directors named in these Articles shall serve until the first election of directors and any vacancies in their number shall be filled by the -2- 9B NAMES ADDRESSES R(C' 393 PnE J. Blan Taylor 210 Central Ave., Naples, Florida Daniel E. Conley 331 Erie Dr., Naples, Florida Janice W. Wardell- 1022 Capri Dr., Naples, Florida 278 TWENTIETH: Each director and officer of this corporation shall be indemnified by the corporation against all costs and expenses reasonably incurred or imposed upon him in connection with or arising out of any action, suit or proceedings in which he may be involved or to which he may be made a party by reason of his having been a director or officer of this corporation, such expense to include the cost of reasonable settlements (other than amounts paid to the corporation itself) made with a view of curtailment of costs of litigation. The corporation shall not, however, indemnify such director or officer with respect to matters as to which he shall be finally adjudged in any such action, suit or proceedings to be liable for negligence or misconduct in the performance of his duty as such director or officer, or in respect to any matter in which any settlement or compromise is effected if the total expense, including the cost of such settlement, shall substantially exceed the expense which might reasonably be incurred by such director or officer in conducting such litigation to final conclusion, and in no event shall anything herein contained be construed as authorizing this corporation to indemnify any such director or officer against any liability of the corporation to which he would otherwise Le subject by reason of willful malfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of his office. The foregoing right of indemnification shall be in addition to any other rights to which any such director or officer may be entitled as a matter of law or otherwise. We, the undersigned, being each of the incorporators hereinabove named, for the purpose of forming a corporation not for profit pursuant to Chapter 617, Florida Statutes, do hereb scri to this Certificate of Incorporation, and have here �at 0 3 s s the 7 day of 8. �J. an ay b Daniel E. Conley G7% nice W. Wardell -5- mwl� "' 793 PAGE 279 STATE OF FLORIDA COUNTY OF COLLIER Personally appeared before me J. BLAN TAYLOR, DANIEL E. CONLEY, and JANICE W. WARDELL to me known to be the person described in and who executed and subscribed to the foregoing instrument and acknowledged before me that they executed and sub- scribed to the same for the purposes herein expressed. IN WITNESS WHEREOF, I have her _unto set my hand and seal on this the /� day of �(", { ' 1 1 1978. Notary Public My Commission expires: ( SEAL) RED 793 PAGE 282 9 snits that will be ultimately led to purchasers; or (c) until the the ordinary course of business; Dper is entitled to elect at least a as the Developer holds any unit for nt: If the office of any directors ion, retirement, disqualification, y of the remaining directors, though directors duly called for this ors, who shall hold office for the ancy occurred. ay be removed for cause by an rs. No director shall continue to ffice, his membership in the corporation er. .ors: The first Board of Directors Drive, Naples, Florida 33940 , Naples, Florida 33940 ve, Naples, Florida 33940 ve, Naples, Florida 33940 ive, Naples, Florida 33940 Drive, Naples, Florida :rs of the Board of Directors until the :in to the contrary notwithstanding; Ll be subject to replacement in the event y and business of the corporation shall be ay exercise all corporate powers not rtificate of Incorporation, or the Declara- The powers of the Board of Directors ited to the following: nts and establish the time within which ments collected to maintain, care for 9 B Ru t3 PAGE 283. and preserve the units and condominium property, except those portions thereof which are required to be maintained, cared for and preserved by the unit owners; C. To purchase the necessary equipment and tools required in the maintenance, care and preservation referred to above; D. To enter into and upon the units when necessary and at as little inconvenience to the owner as possible in connection with such maint- enance, care and preservation; E. To insure and keep insured said condominium property, in the manner set forth in the Declaration, against loss from fire and /or other casualty, and the unit owners against public liability, and to purchase such other insurance as the Board of Directors may deem advisable; F. To collect delinquent assessments by suit or otherwise, abate nuisances and enjoin or seek damages from the unit owners for violations of these By -Laws and the terms and conditions of the Declaration; G. To employ such personnel as may be required for the maintenance and preservation of the property; H. To make reasonable rules and regulations for the occupancy of the condominium parcels; I. To acquire and /or rent and /or lease a condominium parcel in the name of the corporation or a designee. Section 6. Compensation: Neither directors nor officers shall receive compensation for their services as such. Section 7. Meeting: A. The first meeting of each board newly elected by the members shall be held immediately upon adjournment of the meeting at which they are elected provided a quorum shall then be present, or as soon thereafter as may be practicable. The annual meeting of the Board of Directors shall be held at the same place as the general members' meeting, and immediately after the adjournment of same; B. Special meetings shall be held whenever called by the direction of the President or a majority of the Board. The Secretary shall give notice of each special meeting either personally, by mail or telegram, at least three (3) days before the date of such meeting, but the directors may waive notice of the calling of the meeting; C. A majority of the Board shall be necessary and sufficient at all meetings to constitute a quorum for the transaction of business, and the act of a majority present at any meeting at which there is a quorum shall be the act of the Board. If a quorum shall not be present at the meeting, the Directors then present may adjourn the -3- nc 393 PAGE 284 announcement at the meeting until a order of business at all meetings of :ing; :es; siness; Board shall present no later than at t of the business and condition of the ing expenses of the corporation and the ICERS executive officers of the corporation =y and Treasurer, all of whom shall be lid officers may be united in "one '.so be the Secretary or an Assistant ;hall be a director ex officio, unless .nes, there may be more than one Vice 'he Board of Directors may appoint such essary, who shall hold office during e such authority and perform such by said Board. officers and agents shall be subject by action of the Board of Directors. subordinate officers and agents to C1 meetings of the members and active management of the business U orders and resolutions of the ill execute bonds, mortgages and ier the seal of the corporation; .ed by the signature of the Secretary. :ence and direction of all the other 1 see that their duties are performed �<< 793 PACE 285 Y 9 B r' 1 submit a report of the operations of the corporation for the to the Directors whenever called for by them, and to the the annual meeting, and from time to time shall report to the atters within his knowledge which the interest of the corp- require to be brought to their notice; 1 be an ex officio member of all committees, and shall have the ers and duties of supervision and management usually vested ce of the President of a corporation. The Secretary: retary shall keep the minutes of the members' and of the rectors meeting in one or more books provided for that 1 see that all notices are duly given in accordance with the of these By -Laws or as required by law; I be custodian of the corporate records and of the seal of .tion and shall see that the seal of the corporation is affixed ments, the execution of which on behalf of the corporation �eal is duly authorized in accordance with the provisions -Laws. .1 keep a register of the post office addresses of each member be furnished to the Secretary by such member; :ral, he shall perform all duties incident to the office of Lnd such other duties as from time to time may be assigned :he President or by the Board of Directors. The Treasurer: :asurer shall keep full and accurate accounts of receipts and its in books belonging to the corporation, and shall deposit all other valuable effects in the name and to the credit of the i in such depositories as may be designated by the Board of _1 disburse the funds of the corporation as ordered by the ig proper vouchers for such disbursements, and shall render 3ident and Directors, at the regular meetings of the Board, or iey may require it, an account of all his transactions as ind of the financial condition of the corporation; be required to give the corporation a bond in a sum and with sureties satisfactory to the Board, for the faithful performance Les in his office, and the restoration to the corporation, in death, resignation or removal from office, of all books, papers, honey or other property of whatever kind in his possession -5- (FF 393 PAGE 286 belonging to the corporation. The corporation shall pay all premiums for issuance of said bond. Section 8. Vacancies: If the office of the President, Vice President, or Treasurer becomes vacant by reason of death, resignation, disqualifica- herwise the remaining Directors, by a majority vote of the whole Board of may choose a successor or successors who shall hold office for the term in- respect to which such vacancy occurred. Section 9. Resignations: Any Director or other officer may resign his any time, such resignation to be made in writing, and to take effect from f its receipt by the corporation, unless some time be fixed in the n, and then from that date. The acceptance of a resignation shall not d to make it effective. ARTICLE IV - MEMBERSHIP Section 1. Definition: Each unit owner shall be a member of the a, and membership in the corporation shall be limited to owners of n parcels. A unit owner will cease to be a member of the corporation ale, transfer or disposition of the member's condominium parcel. Section 2. Transfer of Membership and Ownership: Membership in the z may be transferred only as an incident to the transfer of the 's condominium parcel, and his undivided interest in the common elements 3ominium, and such transfer shall be subject to the procedure set forth Laration. ARTICLE V - MEETINGS OF MEMBERSHIP Section 1. Place: All meetings of the corporation membership shall be office of the corporation in Naples, Florida or such other :ime as may be stated in a notice thereof. Section 2. Annual Meeting: �. The first annual meeting shall be called as herein provided for: 1. When unit owners other than the developer own fifteen percent (15 %) or more of the units that will be operated ultimately by an association, the unit owners other than the developer shall be entitled to elect not less than ore -third (1/3) of the members of the Board of Directors of the association. Unit owners other than the developer shall be entitled to elect not less than a majority of the members of the Board of Directors of an association three (3) years after sales by the developer have been closed of seventy -five percent (75 %) of the units that will be operated ultimately by the association, or three (3) months after sales have been closed by the developer of ninety percent (90 %) of the units that will be operated ultimately by the association, or when all of the units that will be operated ultimately by the association have been completed and some h 9B RED ?93 PACE 287 of them have been sold and none of the others are being offered for sale by the developer in the ordinary course of business, which ever shall first occur. The developer shall be entitled to elect not less than one (1) member of the Board of Directors of an association as long as the developer holds for sale in the ordinary course of bus- iness any units in a condominium or cooperative operated by the association. 2. Within sixty (60) days after unit owners other than the developer are entitled to elect a member or members of the Board of Directors of an association, the association shall call and give not less than thirty (30) days nor more than forty (40) days notice of a meeting of the unit owners for this purpose. Such meeting may be called and the notice given by any unit owner if the association fails to do so. B. Regular annual meetings subsequent to the first annual meeting shall be held on the 28th day of December, if said date is a holiday, or non- business day, and if a legal holiday, or non - business day, then on the next business day following; C. At the annual meeting, the members shall elect, by a plurality vote (cumulative voting prohibited) a Board of Directors, as provided for in Article II, Section 1, and transact such other business as may property come before the meeting; D. All annual meetings shall be held at the hour of 12:00 noon. E. Written notice of the annual meeting shall be served upon or mailed to each member entitled to vote thereat, at such address as appears on the books of the corporation, at least ten (10) days prior to the meeting. Section 3. Membership List: At least ten (10) days before every election of Directors, a complete list of members entitled to vote at said election, arranged numerically by apartment units, with the residence of each, shall be prepared by the Secretary. Such list shall be produced and kept for said ten (10) days and throughout the election at the office of the corporation, and shall'be'open to examination by any member throughout such time. Section 4. Special Meetings: A. Special meetings of the members, for any purposes, unless otherwise prescribed by statute or by the Certificate of Incorporation, may be called by the President, and shall be called by the President or Secretary at the request, in writing, of a majority of the Board of Directors or at the request, in writing, of fourteen (14) members. Such request shall state the purpose or purposes of the proposed meeting; B. Written notice of a special meeting of members, stating the time, place and object thereof, shall be served upon or mailed to each member entitled to vote thereat, at such address as appears on the books of the corporation, at least ten (10) days before such meeting; -7- 393 PACE 287 being offered for business, which ever Led to elect not less an association as nary course of bus - Dperated by the :r than the ors of the Board Shall call and i forty (40) days )urpose. Such meeting aner if the association inual meeting shall or non - business day, a plurality )rs, as provided business as may .2:00 noon. •ed upon or mailed ss as appears on rior to the meeting. efore every election d election, arranged 1 be prepared by the 0) days and throughout to examination by unless otherwise ration, may be esident or Secretary of Directors or at ch request shall ating the time, ad to each member n the books of the 3: R<< 793 PACE 288 1 9B : ransacted at all special meetings shall be confined to the t in the notice thereof. forum: Fifty -one percent (51 %) of the total number of .on, present in person or represented by written proxy, shall .1 constitute a quorum at all meetings of the members for the except as otherwise provided by statute, by the Certificate these By -Laws. If, however, such quorum shall not be present . eting of the members, the members entitled to vote thereat, )resented by written proxy, shall have power to adjourn the te, without notice other than announcement at the meeting, present or represented. At such adjourned meeting at which Lt or represented, any business may be transacted which :ed at the meeting originally called. )te Required to Transact Business: When a quorum is present of a majority of the members present, in person or )roxy, shall decide any question brought before the meeting, me upon which, by express provision of the statutes or of •poration or of these By -Laws, a different vote is required, !ss provision shall govern and control the decision of such .ght to Vote: Each unit owner shall be entitled to one ' the members, every member having the right to vote shall Jerson or by proxy. Such proxy shall only be valid for such ljourned meetings thereof. liver and Consent: Whenever the vote of members at a )ermitted by any provision of the statutes or the Cert- t or of the By -Laws to be taken in connection with any m, the meeting and vote of members may be dispensed with if .d have been entitled to vote upon the action of such were held shall consent in writing to such action being ARTICLE VI NOTICES .finition: Whenever under the provisions of the statutes or Lcorporation or of these By -Laws, notice is required to be member, it shall not be construed to mean personal notice; riven in writing by mail, by depositing the same in a post a postpaid sealed envelope addressed as appears on the !rvice of Notice Waiver: Whenever any notice is required •ovisions of the statutes or of the Certificate of Incorp- aws, a waiver thereof, in writing signed by the person or i notice, whether before or after the time stated therein, .valent thereof. ldress: The address for notice to the corporation is: )les, Florida. -8- Rr� 793 PACE 289. 9B ARTICLE VII FINANCES L. Fiscal Year: The corporation shall operate upon the calendar the 1st day of January and ending on the 31st day of December of 3rd of Directors is expressly authorized to change from a calendar of a fiscal year basis whenever deemed expedient for the best )rporation. 2. Checks or demands for money and notes of the corporation any two of the following officers: President, Secretary, or ich officer or such other person or persons as the Board of time to time designate. Determination of Assessments: toard of Directors shall adopt an operating budget prior to the of each fiscal year. All unit owners shall be given written the time and place of the meeting of the Board of Directors .1 consider the budget. The meeting shall be open to the unit If an adopted budget requires assessment against the .unit owners scal or calendar year exceeding 115 percent of the assessments reseeding year, upon written application_ of 10 percent of the rs to the Board, the Board shall call a special meeting of the unit thin, 30 days upon not less than 10 days written notice to each r. At the special meeting unit owners shall consider and enact However, as long as the developer is in control of the Board ors, the Board shall not impose an assessment for any year greater percent of the prior fiscal or calendar year's assessment without of a majority. Common expenses shall include expenses for the , maintenance, repair or replacement of the common elements and ed common elements, costs of carrying out the powers and duties of ration, all insurance premiums and expenses relating thereto, fire insurance, and any other expenses designated as common rom time to time by the Board of Directors of the corporation. of Directors is specifically empowered on behalf of the corporation ad collect assessments and to lease, maintain, repair and replace i elements and the limited common elements of the condominium. the payment of common expenses shall be assessed against the rs in the proportions of percentages of sharing common expenses Ln the Declaration. Said assessments shall be payable quarterly as ordered by the Board of Directors. Special assessments, :h be required by the Board of Directors, shall be levied and ze same manner as hereinbefore provided for regular assessment. :he Board of Directors has determined the amount of any assessment, :ary- Treasurer of the corporation shall mail or present a statement ;essment to each of the owners. All assessments shall be payable :retary- Treasurer of the corporation, and upon request, the -Treasurer shall give a receipt for each payment made to him. )ard of Directors may not authorize or make any additional or iprovements to the Condominium property at a cost in excess of ;and Dollars, ($5,000.00) without first securing a three - fourths WL R(E 793 PACE 290 constituting a quorum at the meeting called _ng said additions or improvements. VIII - SEAL shall have inscribed thereon the name of the ion, and the words "Non- Profit ". Said seal le thereof to be impressed, affixed, reproduced ICLE IX have or issue shares of stock and /or t ever have or provide for non- voting HOUSE RULES ►isions of these By -Laws, the following 7ith such additional rules and regulations Lrd of Directors, shall govern the use of the ,ct of all residents thereof. ium property shall be used only for or permit the use of their premises in turbing or be a nuisance to other owners, or ous to the reputation of the property; I be consistent with existing law, these Dnstitute a nuisance; business use or for any commercial use be obstructed, littered, defaced, or Iterations shall be made in any unit, ,ard of Directors; condominium unit. Any original owner it may continue to so keep said cat or ent removal of said cat or dog from the aid owner shall not be entitled to Df a unit shall post any advertisement i the condominium unit or the condominium in writing, by a majority of the Board ir IBM' RfS 799 PAGE 291 9B ,hall exercise extreme care to minimize :struments, radios, television sets and other person and parties occupying items may be hung from the windows or .n the windows of the units of the may only be cleaned within the units, condominium property; ieposited in the disposal installations hall install wiring for electrical all any type of television antenna, etc., except as authorized, in writing, ors. gars old shall be permitted to live '.um unit, except said children may 'it owners not more frequently than PY units 2, 3, 4, & 5 as permanent han 8 persons may occupy units 1 at the wood docks or covered boat at the condominium. Moorage space ictors of the Association. inied by an adult and must be under Pool area. ore than two (2) times per year. ut the prior written approval of LT - - - any sums, charges of assessments .any (30) days from the due date, the its Board of Directors, may enforce on to recover the sums, charges, or e with the Declaration and the closure is brought against the corporation, and as a result the unit is sold, then the unit corporation. cif ! 93 PAGE 2.9.2 ier of a unit by reason of foreclosure, :h time as a sale is consummated, it money due it for assessments and charges, )reclosure suit, including reasonable icurred in the resale of the unit, which ;ing expenses, real estate brokerage fees i refurbishing of the unit in question. :egoing items of expense shall be returned ) rovisions of the Declaration, corporate iereafter be construed, for thirty (30) ie unit owner to correct said breach or Lf or by and through its Board of Directors, violation or may enforce the provisions of :ake such other course of action, or other Late. brought against a unit owner, the losing ale attorney's fees and court costs. heirs, successors and assigns, agrees cult and abatement of nuisance, regardless the corporation and regardless of the Legal procedures. It is the intent of ) rporation a method and procedure which business -like business to collect those snits, and to preserve each unit owner's ale restraint and nuisance. SURRENDER E membership, the member or any other 3h the right of the member, shall :o the corporation in good repair, c other casualty excepted, and the c and to repossess the owned apartment. i interest, by operation by law or s and demand for possession if such be to of Florida, or the United States of AT OWNERSHIP Dre than one person, then all of the :tively to only one voice or ballot in ation, and the vote of such owners may ingle unit. If the owners are unable at any meeting, they shall lose their f the owners of such unit shall not be by proxy, the one or ones so present 9 B cost the vote of all such owners. 9 B REE 793 PAU 293 ARTICLE XIV - MISCELLANEOUS Section 1. The contract documents relating to this condominium and the :ship of a condominium parcel therein shall include the Declaration of Condominium rich these By -Laws are attached, these By -Laws, the Charter of the corporation, :he pertinent statutes pertaining thereto. Section 2. The corporation shall have the powers, rights and authority, uding the lien rights) set forth and provided in Florida Statute Chapter 718, ct to any limitations thereon imposed by its Charter or these By -Laws or the ration of Condominium as said instruments may be effective from time to time, ding any amendments thereto. Section 3. No unit owner or member, except as an officer of this ration, shall have authority to act for the corporation or bind it. Section 4. If any By -Laws or part thereof shall be adjudged invalid, the ;hall not affect the validity of any other By -Law or part thereof. ARTICLE XV - AMENDMENT These By -Laws may only be altered, amended or added to at any duly called g of the members; provided (1) that the notice of the meeting shall contain a tatement of the proposed amendment; and (2) that there is an affirmative vote enty -five percent (750) of the members present in person or by proxy in favor h alteration, amendment or addition to these By -Laws. CONSTRUCTION Whenever the masculine singular form of the promoun is used in these ;, it shall be construed to mean the masculine, feminine or neuter, singular -a1, wheveve:r_ the context so required. The foregoing were adopted as the By -Laws of VANDERBILT BEACHCOMBER, INC., ,rofit Florida corporation, under the laws of the State of Florida, first meeting of the Board of Directors on the day of _ 2 _Z_ -13- ecretary Recorded and vcr,neo In Otlirtul keccrca of _ COLLIER COUNT V, I-LUR4UA WILLIAM MARY IMAIFINLAY RK . D.C. CUL. L Y,rLOHJ REC. MAR Z3 12 17 PH '12 AMENDMENT TO THE DECLARATION OF CONDOMINIUM OF VANDERBILT BEACHCOMBER COMDOMINIUM KNOW ALL MEN BY THESE PRESENTS: 8O2 PAGE 18", 9B WHEREAS, FRANK COMERIATO, TRUSTEE, is the Developer of that certain condominium known as VANDERBILT BEACHCOMBER CONDOMINIUM the Declaration of which is recorded in O.R. Book 793, Pages 253 through 293 inclusive, Public Records of Collier County, Florida; and WHEREAS, said Developer deems that certain amendments should be made to the aforesaid Declaration of Condominiums and WHEREAS, the first election of directors has not been held and nothing herein increases the number of units nor alters the boundaries of the common elements; now, therefore, WITNESSETH: That the Declaration of Condominium of VANDERBILT BEACH- COMBER CONDOMINIUM be and the same is hereby amended as follows: 1. The execution of the Declaration (Page 17) and the Notary Acknowledgment of same (Page 18) are amended to show that FRANK COMERIATO executed the Declaration as TRUSTEE as set out in the first paragraph of the Declaration on Page 1. 2. Paragraph 4.4 is amended as follows: 4.4. Voting Rights. The owner of each unit or in the case of joint ownership, the owners collectively of a unit shall be members in the Association, and each shall have one vote. 3. All provisions under Paragraph 11 that require a certificate of approval shall be amended to provide that the certifi- cate of approval shall be executed only by the President of the Association. 4. Attached hereto as Exhibit "1" is an amended Surveyor's Certificate executed by Bruce D. Green, Florida Registered Surveyor No. 1270, which amends the Surveyor's Certificate recorded in O.R. Book 793, Page 271, Public Records of Collier County, Florida. � pro« su, rrsaau - - STATE OF FLORIDA COUNTY OF COLLIER 1U1A891= OF F REC. b 0 2 PAGE 18 7 I HEREBY CERTIFY that on this day, before me, an officer duly authorized to take acknowledgments, personally appeared FRANK COMERIATO, TRUSTEE, upon being duly sworn, acknowledged that he executed the foregoing for the uses and purposes set forth herein. WITNESS my hand and official seal this the 7 day of 7� -(17 , 1979. r G (stAL)1 Notar Public My Commission expires: 10-10-'29 JANICE W. WARDELL joins in the execution of this document solely for the purposes of acknowledging that FRANK CO21ERIATO executed the Declaration of Condominium of VANDERBILT BEACHCOMBER CONDOMINIUM as Trustee and not as President as shown on the Notary Acknowledgment. The description as President was a scryvener's error. 6;�C(iw _ Wardell STATE OF FLORIDA COUNTY OF COLLIER I HEREBY CERTIFY that on this day, before me, an officer duly authorized to take acknowledgments, personally appeared JANICE W. WARDELL, upon being duly sworn, acknowledged that she executed the foregoing for the uses and purposes set forth herein. WITNESS my hand and official seal this the —2 day of March, 1979. �SEAV) )'``'• 11 )� E.�1 Timl�ml Tr.11 ., Flor b• 1]W] 1• �onerM •1) / /)f•)�I I NotaU PubYic My Commission expires: 9B$p2 PAGE 18 i S 5. The graphic plot plan attached as Exhibit "B" to the Declaration of Condominium is amended to reflect that the graphic shall be entitled Exhibit "A ". The Articles of Incorpora- tion of VANDERBILT BEACHCOMBER, INC. shall be Exhibit "B" and the By -Laws of VANDERBILT BEACHCOMBER, INC. shall be Exhibit I.C.I. 6. Paragraph 1. is amended as follows: 1. PURPOSE. The purpose of this Declaration is to convert the land described in 1.2 hereof from the land trust form of ownership to a condominium form of ownership. In this regard, the Developer hereby submits the lands described in this instrument and improvements on such lands to the condominium form of owner- ship and use in the manner provided in Chapter 718, Florida Statutes, hereinafter called the Condominium Act. The condominium units created by this Declaration shall be deeded to the beneficiaries of the land trust as a distribution of their respective beneficial interests under the land trust, and there shall be no warranties given by Developer unless expressly stated in writing by him. All of the said beneficiaries shall consent to and join in the execution of this Declaration. 7. Paragraph 3.2. is amended as follows: 3.2. Attached hereto -as Exhibit "A" is an approxima- tion of the location of the improvements upon the land which shows the approximate floor plans and their approximate location within the condominium. Attached hereto is a certificate from Bruce Green, a Land Surveyor authorized to practice in the State of Florida, certifying that the construction of the improvements is substantially complete so that the materials contained on said Exhibit "A" to- gether with the provisions of this Declaration of Condominium is an accurate representation of the location and dimension of the common elements and of each unit. All other provisions and terms of the aforesaid Declara- tion of Condominium not hereby amended here are in full force and effect. IN WITNESS WHEREOF, the Developer has executed this Amend- ment on this the ?7 day of , 1979. / Eralnk Comeriato, Trustee REc: 802 PAGE 1380 CERTIFICATE OF CONDOMINIUM ASSOCIATION Comes now VANDERBILT BEACHCOMBER, INC. the Association ' ONDOMINIUM = harged with the responsibility of operating VANDERBILT BEACHCOMBER , by and through 9 its President and certifies that the oregoing Amendment was duly adopted by said Association. DATED this the — -L day of A / �<r••.- —7� 1979. • u Y VANDERBILT BEACHCOMBER, INC. BY�re i ent E OF FLOP.IDA TY OF COLLIER I ,ed t y CERTIFY that on this day, before me authorized to take acknowled 1 &, C _� _ acknowledgments personall an officer duly worn, acknowled es Y an ses and g that he as President, who upon Purposes set forth therein. executed the foregoin g for WITNESS my hand and official seal.this the 1979. a_ Qf'=7`: ca �- ary Public �v My Commission expires; ST:•� 0 ,4. 9 B :14 REC. 8 0 2 PAGE 18 8' AMENDED CERTIFICATE OF SURVEYOR Made this the 21sT day of March, 1979. I, BRUCE D. GREEN, of Naples, Florida, certify as follows: 1. I am a surveyor authorized to practice in the State of Florida. 2. This Amended Certificate is made as to Vanderbilt Beachcomber Condominium, located at Naples, Collier County, Florida, and in compliance with Section 718.104 (4)(e) Florida Statutes (1977) . 3. That the construction of improvements is substantially complete so that the survey, attached to the Declaration of Condo- minium as Exhibit B, together with the wording of the declaration, is an accurate representation of the improvements described, and that there can be determined therefrom the identification, location and dimensions of the common elements and of each unit. Bruce D. Green Florida Registered Surveyor No. 1270 Recorded and Verifled In C " , 'I Pvcordf of COLL TR r'!INTY, FLORIDA - Y'iLLIAM 1. REAGAN Clerk of Clrcwt Court This instrument prepared by; / Stanley A. McDonald. Atty. —" CERTIFICATE OF AMENDMENT TO �a30F1or� mi Trail N. -.i REC DECLARATION OF CONDOMINIUM AND BY -LAWS OF �j,fN n W r f PRM --7--f# VANDERBILT BEACHCOMBER CONDOMINIUM — - DOC INT to The undersigned, being all of the owners and all of the mortgagees and parties in interest of Vanderbilt Beachcomber Condominium, recorded at O.R. Book 793, Pages c c 253 through 293., and O.R. Book 802, Pages 1877 through 1881, c ( c Public Records of Collier County, Florida, hereby amend said C Declaration of Condominium and By -Laws for the purposes of _ subdividing Unit 1 into new Unit 1 and new Unit 7: 1. Paragraph 3.2 as it appears at O.R. Book 793, Page CO 6- 254 and amended at O.R. Book 802, Page 1878, Public Records a1= of Lollier toumty,.Florida, is amended to ircarporate as cry ' Exhibit A, supercedivig prior like exhibits the new Exhibit A, N � f attached hereto and made a part hereof, showing the division -31- ' Q ' M. of old Unit 1 as now being new Unit 1 and new Unit 7. 2. Paragraph 4.2 is amended to state: 4.2 Unit Numbers. For purposes of identification each unit has been assigned a condominium number as set forth in Exhibit A (as amended in 1987). Such numbers are: 1, 2, 3, 4, 5, 6, and 7. 3. Paragraph 4.3 is amended to state: 4.3 The undivided share owned by each apartment owner in the common elements, the common surplus and the fraction of sharing common expenses shall be 1 /7th per unit. = 4. Paragraph 14.4 is amended to state: 14.4 Shares of Owners After Termination. After termination of the condominium the apartment owners shall own the condominium property and all assets of the Association as tenants in common in undivided shares in the fallowing percentages: Unit 1 9.5% - Unit 2 12.6% Unit 3 12.6% Unit 4 10.1% Unit 5 12.6% { Unit 6 30.0% Unit 7 12.6% 5. Article X, Paragraph N is amended to state: N. No more that four person shall occupy Units 1, 2, 3, 4, 5, and 7, and /R §re than eight persons may occupy Unit 6, as permanent residents. EXECUTE6 in multiple counterparts effective at the date _ of recording hereof in the Public Records of Collier County, Florida. 1 If 001417 001782 1 OR BOOK PAGE Vanderbilt Beachcomber, Inc. B _ President i 'CSEAL) STATE OF COUNTY OF I HEREBY CERTIFY, That on this /o day of 1987, before. me personally appeared �/ffl,v%( S/ �MtRiaTG; President of Vanderbilt Beachcomber, Inc., a corporation, to r me known to be the person described in and who executed the foregoing instrument and acknowledged the execution thereof I as h/3 free act and deed as such officer, for the uses and purposes therein mentioned; and that —he affixed thereto the official seal of said corporation, and the said instrument is the act and deed of said corporation. WITNESS my signature and official seal in the County and State aforesaid. -- -- — Notary Public _...(.'NOTARIAL SEAL) My Commission Expires: IT.• PTIOT OWTG STATt nF AIIG wju Page 2 of 11 Pages GENERAL PROVISIONS 9 B ' ?:±.8.10.2 Sec. 1.8.5. Change in tenancy or ownership. There may be -a change in tenancy, ownership, or management of a nonconforming use pro- vided there is no change in the nature or character of such nonconforming use. Sec. 1.8.6. Change in use. If no structural alterations are made, any nonconforming use of a structure, or of a structure and premises in combination may be changed to another nonconforming use of the same character, or to a more restricted nonconforming use, provided the board of zoning appeals, upon application -to the development services director, shall find after public notice and hearing that the proposed use is equally or more appropriate to the district than the existing noncon- forming use and that the relation of the structure to surrounding properties is such that adverse effect on occupants and neighboring properties will not be greater than if the existing nonconforming use is continued. In permitting such change, the board of zoning appeals may require appropriate conditions and safeguards in accordance with the intent and purpose of this code. -_ Sec. 1.8.7. Casual, temporary, or illegal use. The casual, temporary, or illegal use of land or structures, or land and structures in combi- nation, shall not be sufficient to establish the existence of a nonconforming use or to create rights in the continuance of such use. Sec. 1.8.8. Uses under conditional use provisions not nonconforming uses. All uses lawfully existing on the effective date of this code which are permitted as a conditional use in a district under the terms of this code shall not be deemed a nonconforming use in such district, but shall without further action be deemed to have a conditional use permit. Sec. 1.8.9. Change to conforming use requires future conformity with district regu. lations. Where a structure, or structure and premises in combination, in or on which a nonconforming use is replaced by a permitted use shall thereafter conform to the regulations for the district iri- which the structure is located, and [sic] the nonconforming use shall not thereafter be resumed nor shall any other nonconforming use be permitted. Sec. 1.8.10. Nonconforming structures. Where a structure lawfully exists at the effective date of the adoption of this ordinance or relevant amendment that could not be built under this code by reason of restrictions on lot area, lot coverage, height, yards, location on the lot, or requirements other than use con - corning the structure, such structure maybe continued so long as it remains otherwise lawful, subject to the following provisions: 1.8.10.1. No such nonconforming structure may be enlarged or altered in a way which increases its nonconformity, but any structure or portion thereof may be al- tered to decrease its nonconformity; provided, however, that the alteration, expansion, or replacement of nonconforming single- family dwellings, duplexes or mobile homes shall be permitted in accordance with section 1.8.10.4. l .8.10.2. Should such nonconforming structure or nonconforming portion of a structure be destroyed by any means to an extent of more than 50 percent of its actual Supp No 1 LDC1:19 EXHIBIT 3 � �v 1.8.10.2 COLLIER COUNTY LAND DEVELOPMENT CODE 9B replacement cost at time of destruction, as determined by a cost estimate submitted to the site development review director,,it shall not be reconstructed except in conformity with provisions of this zoning code. 1.8.10.3. Should such structure be moved for any reason for any distance whatever, other than as a result of governmental action, it shall thereafter conform to the regulations for the district in which it is located after it is moved. 1.8.10.4. Nonconforming residential structures, which for the purpose of this section shall mean detached single - family dwellings, duplexes or mobile homes in existence at the effective date of this zoning code or its relevant amendment and in continuous residential use thereafter, may be altered, expanded, or replaced upon recommendation of the Collier County planning commission and approval of the board of zoning appeals by resolution. Notwithstanding the foregoing restrictions as to reconstruction, any residen- tial structure or structures in any residential zone district may be rebuilt after destruction to the prior extent, height and density of units per acre regardless of the percentage of destruction, subject to compliance with the applicable Building Code requirements in effect at the time of redevelopment. In the event of such rebuilding, all setbacks and other applicable district require- ments shall be met unless a variance therefor is obtained from the board of zoning appeals. For the purpose of this division, a hotel, motel, or boatel shall be considered to be a residential structure. Since the size and nature of the alteration, expansion or replacement of such nonconforming structures may vary widely, a site plan, and if applicable, preliminary building plans indicating the proposed alteration, expansion or replacement shall be presented with each petition. Prior to granting such alteration, expansion or replacement of a nonconforming, single - family dwelling, duplex or mobile home, the planning commission and the board of county commissioners shall consider and base its approval on the following standards and criteria: 1.8.10.4.1. The alteration, expansion or replacement will not increase the density of the parcel or lot on which the nonconforming single - family dwelling, duplex or mobile home is located; 1.8.10.4.2. The alteration, expansion or replacement will not exceed the building height requirements of the district most closely associated with the subject noncon- forming use; 1.8.10.4.3. The alteration, expansion or replacement will not further encroach upon any nonconforming setback; 1.8.10.4.4. The alteration, expansion or replacement will not decrease or further decrease the existing parking areas for the structure; 1.8.10.4.5. The alteration, expansion or replacement will not damage the character or quality of the neighborhood in which it is located or hinder the proper future development of the surrounding properties; and 1.8.10.4.6. Such alteration, expansion or replacement will not present a threat to the health, safety or welfare of the community or its resident. (Ord. No. 93 -89, § 3; Ord. No. 94 -58, § 3, 10- 21 -94) supp. No. 1 LDC1:20 GENERAL PROVISIONS 9B § 1.8.13 Sec. 1.8.11. Improvements or additions to nonconforming mobile homes. Improvements or additions to nonconforming mobile homes containing conforming uses, in the A agriculture district only, shall be permitted if the addition or improvement complies fully with the setback and other applicable regulations. 1.8.11.1. Issuance and reissuance of building permits when multiple mobile homes are located on a single parcel of land. Where specific zoning districts permit mobile home development and said lands have been substantially developed prior to the effective date of this code with multiple mobile homes under singular ownership without an approved site development plan, as required by division 3.3.of this code, no further building permits for the placement or replacement of mobile homes may be obtained except as defined below. 1.8.11.1.1. Mobile home replacement. Prior to issuance of any building permit for replace- ment of a mobile home, the property owner or authorized agent shall provide the site development review director, or his designee, with three copies of a scaled drawing of the subject parcel which indicates: 1. Proof of building permit issuance for structure being replaced. 2. The location of the structure to be replaced and its relationship to adja- cent mobile homes and parcel boundaries. 1.8.11.1.2. Additional mobile homes. Prior to issuance of a building permit for any addi- tional mobile home(s), the applicant or authorized agent shall obtain a site development plan, consistent with division 3.3 of the land development code. As part of the SDP application, building permit numbers of all existing mobile homes shall be submitted. 1.8.11.1.3. [Maximum density.] In no case shall the issuance or reissuance of building permits cause the density of the subject parcel to exceed that provided in the density rating system of the growth management plan or the Immokalee fu- ture Iand use map, except as may be provided in section 1.8.10.4 of this code. (Ord. No. 93 -89, § 3) Sec. 1.8.12. Destruction of major structure or structures. When nonconforming use status applies to a major structure or structures, or to a major structure or structures and premises in combination, removal or destruction of the structure or structure shall eliminate the nonconforming status of the land. "Destruction" of the struc- ture for purposes of this subsection is hereby defined as damage to the extent of more than 50 percent of the replacement cost at the time of the destruction. Upon removal or destruction as set out in this section, the use of land and structures shall therefore conform to the regulations for the district in which such land is located. Sec. 1.8.13. Repairs and maintenance. On any nonconforming structure or portion of a structure and on any structure containing a nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring, or plumbing to an extent not exceeding 20 percent of the current assessed valuation of the structure (or of the nonconforming portion of the structure if a'nonconforming portion of a structure is involved), LDC1:21 § 1.8.13 COLLIER COUNTY LAND DEVELOPMENT CODE 9B provided that the cubic content of the structure existing at the date it becomes nonconforming shall not be increased except subject further to the exception provided at section 1.8.10, herein. (Ord. No. 93 -89, § 3) Sec. 1.8.14. Nonconforming structures unsafe because of Iack of maintenance. If a nonconforming structure or portion of a structure, or any structure containing a noncon- forming use becomes physically unsafe or unlawful due to lack of repairs or maintenance, and is declared by the duly authorized official of Collier County to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired, or rebuilt except in confor- mity with the regulations of the district in which it is located. Sec. 1.8.15. Nonconforming structures unsafe for reasons other than lack of mainte. nance. If a nonconforming structure or portion of a structure, or any structure containing a noncon- forming use, becomes physically unsafe or unlawful for reasons other this lack of repairs or maintenance, nothing contained herein shall be deemed to prevent the strengthening or re- storing to a safe condition of such building or part thereof declared to the [be] unsafe by the authorized official of Collier County charged with the public safety; provided, however, that where such unsafeness or unlawfulness is the result of damage from destruction, the per- centage of damage limitations set out in section 1.8.12, as the case may be, shall apply. DIVISION 1.9. ENFORCEMENT Sec. 1.9.1. General. The provisions of this code shall be enforced by (P the Collier- County code enforcement board pursuant to the authority granted by F.S. § 162.01 et seq.,12) byAheIoard of county commis- sioners through its authority to enjoin and restrain any person violating the code, or (3) by Colffer County through the prosecution of violations in the name of the State of 'Florida pursuant to the authority granted by F.S. § 125.69. The_ county manager shall have the right to inspect those lands, waters, or structures affected by- this-code and to issue citations for violations. 1.9.1.1. The term "county manager" as used in this code shall mean the county man- ager or his designee. (Ord. No. 92 -73, § 2; Ord. No. 93 -89, § 3) Sec. 1.9.2. Violation. Whenever, by the provisions of this code, the performance of any act is required, or the performance of any act is prohibited, or whenever any regulation or limitation is imposed on the use or development of any land or water, or on the erection of a structure, a failure to comply with such provisions shall constitute a violation of this code. (Ord. No. 93 -89, § 3) Sec. 1.9.3. Complaints regarding violations. Whenever a violation of this code occurs, or is alleged to have occurred, any person may file a complaint. Such complaint stating fully the causes and basis thereof shall be filed with the county manager. The county manager, or.his designee, shall record properly such complaint, LDC1:22 GENERAL PROVISIONS ! 9B 1.8.2 mation and data shall be submitted within 30 days of the public notice specified in section 1.7.10 above. (Ord. No. 92.73, § 2) DIVISION 1.8. NONCONFORMITIES Sec. 1.8.1. Generally. - -- 1.8.1.1. Intent. Within the zoning districts established by the land development code or amendments that may later be adopted, there may exist lots, structures, uses of land, water and structures, and characteristics of use which were lawful before this code was adopted or amended, but which would be prohibited, regulated, or_restricted under the terms of this code or future amendments. It is-the intent of this division to permit these nonconformities to continue until -they are voluntarily`enovated or removed as required by this code, but not to encourage their survival. It is further the intent of the land development code that the nonconfor_mities shall not be enlarged upon, expanded, intensified, or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district. 1.8.1.2. Declaration. Nonconforming uses are declared by this division to be incompat- ible with permitted uses in -the districts involved. A nonconforming use of a structure, a nonconforming use of land or water, or a nonconforming use of structure, land or water in combination shall not be extended or enlarged after the effective date of this code or relevant amendment thereto by attachment on a structure or premises of additional signs intended to be seen from off the premises, or by the addition of other uses of a nature which would be prohib- ited generally in- the district involved, except as provided for within section 1.8.10.4. 1.8.1.3. Vested projects. To avoid undue hardship, nothing in this code shall be deemed to require a change in the plans, construction, or designated use of a building or property on which a building permit had been applied for prior to the effective date of adoption of relevant amendment of this code. In addition, no in this code shall be deemed to require a change in the plans, construction, or designated use of any property for which a development plan was lawfully required and approved.prior to the effective date of adoption of relevant amendment.of this code, provided that such plan shall expire two years from the date of said approval, or one year from the date of adoption of this code, "whichever shall first occur, if no actual construction has been com- menced; and thereafter, all development shall be in accordance with the zoning regulations then in effect. Any such approved plat or plan may be amended by approval of the board of county commissioners, provided the degree of nonconformity with this code shall not be in- creased. (Ord. No. 92 -73, § 2) Sec. 1.8.2. Nonconforming lots of record. In any district, any permitted or permissible structure may be erected, expanded, or altered on any lot of record at the effective date of adoption or relevant amendment to this code. A. The minimum yard requirements in any residential district except RMF -6 and E estates) shall be as for the most similar district to which such lot Supp. No. 2 LDC1:17 1.8.2 COLLIER COUNTY LAND DEVELOPMENT CODE � 9B of record most closely conforms in area, width and permitted use, except that when possible the greater of any yard requirement in either district shall apply, and except when specifically provided for in the district reg- ulations. B. The minimum side yard requirement in any commercial or industrial district shall be equal to the height of the proposed principal structure, or the minimum side yard requirement in the district, whichever is lesser. (Ord. No. 92.73, § 2) Sec. 1.8.3. Nonconforming uses of lands or waters or structures only. Where, at the effective date of adoption or relevant amendment of this code, lawful use of lands or waters exists which would not be permitted under this code, the use may be continued, so long as it remains otherwise lawful, provided: 1.8.3.1. Enlargement, increase, intensi fieation, alteration. N_o such nonconforming use shall be enlarged, intensified] increased, or extended to occupy a greater area of land, structure, or water than was occupied at the effective date of adoption or relevant amendment of this land development code, except a single - family, duplex, or mobile home use as provided for within section 1.8.10.4. 1.8.3.2. Movement. No such nonconforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use at the effective date of adoption or relevant amendment of this land development code. 1.8.3.3. Discontinuance. If any such nonconforming use ceases for any reason (except where governmental action impedes access to the premises) for a period of more than 180 consecutive days, any subsequent use of land shall conform to the regulations specified by this code for the district in which such land is located. Notwithstanding the above definitions of discontinuance relative to a nonconforming use of land or water or structure, where the use of land, water or a structure has ceased for a period of more than 90 consecutive days, and where such property or use is deficient in the required amount of paved, striped parking, including parking and access to the structure for the dis- abled; water management facilities; landscaping; and other site improvements as required in Div. 3.3 of this Code, prior to the recommencement of any use of land, water or structure, said deficiencies as may apply shall be remedied, to the greatest extent possible given the physical constraints on the property, via the appropriate administrative processes found in Div. 3.3, or as otherwise required by this Code. 1.8.3.4. Subdivision or structural additions. No land in nonconforming use shall be subdivided, nor shall any structures be added on such land except for the purposes and in a manner conforming to the regulations for the district in which such land is located; provided, however, that subdivision may be made which does not increase the degree of nonconformity of the use. 1.8.3.5. Nonconformities not involving the use of a principal structure. Nonconformities not involving the use of a principal structure, including, but not limited to, open storage, building supplies, vehicles, mobile homes, trailers, equipment supp. No. 2 LDC1:18 9B GENERAL PROVISIONS 1.8.4 and machinery storage, junkyard, commercial animal yards and the like, shall be discontinued within one year of the effective date of this code or relevant amendment of this code. (Ord. No. 95 -31, § 3, 4- 18 -95) Sec. 1.8.4. Extension of use in building manifestly designed for such use. Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the effective date of adoption or relevant amendment of this code. Any nonconforming use which occupied a portion of a building not originally designed or intended for such use shalK not_be extended to any.other part of the building.' No nonconforming use shall be extended to occupy any land outside the building, nor any additional building on the same lot or parcel, not used for such nonconforming use at the effective date of adoption or relevant amendment of this code. Supp. No. 2 LDC1:18.1 1.19.1.1 COLLIER COUNTY LAND DEVELOPMENT CODE 9B 1.19.1.1. Any amendments to the Collier County official zoning atlas may be made more often than twice during the calendar year. 1.19.1.2. Any amendments to the Access Management Plan maps (Appendix V) may be made more often than twice during the calendar year if related to, and if submitted and reyjewesLin conjunction with submittal and review of, the fol- lowingtypes o elooment orders Rezoning, PUD amendment, Development of Regional Impact (DRI) approval, DRI amendment, Conditional Use,- Si.tge Development Plan (SDP) approval, SDP amendment, subdivision approval (in- l1 iding plats, plans, and amendments), construction approval for infrastruc- ture (including water, sewer, grading, paving), and Building Permit (for single family dwelling only. 1.19.1.3. In the case of an emergency, amendments to this code may be made more often than twice during the calendar year if the additional code amendment receives the approval of all of the members of the board. For this purpose, "emergency" means any occurrence or threat thereof whether accidental or natural, caused by man, in war or peace, which results or may result in substantial injury or harm to the population or substantial damage to or loss of property or public funds. (Ord. No. 94 -58, § 3, 10- 21 -94) Sec. 1.19.2. Procedure. The procedure for amendment to this code shall be as provided in division 2.7. This code may only be amended in such a way as to preserve the consistency of the code with the growth management plan. DIVISION 1.20. CONFLICT WrM OTHER LAWS If the provisions of this code conflict with those of any other statute, code, local ordinance, resolution, regulation or other applicable federal, state or local law, the more strineent stan- dard, limitation or requirement shall govern or prevail to the extent of the conflict. DIVISION 1.21. SEVERABILITY It is the legislative intent of the board of county commissioners in adopting this code that all provisions hereof shall be liberally construed to protect and preserve the peace, health, safety, and general welfare of the inhabitants of the unincorporated portion of Collier County. It is the further intent of the board of county commissioners that this code shall stand, notwithstanding the invalidity of any part thereof, and that should any provision of this code be held to be unconstitutional or invalid by a court or tribunal of competent jurisdiction, such holding shall not be construed as affecting the validity of any of the remaining provisions. DIVISION 1.22. REPEALER. Sec. 1.22.1. Repealer. The following ordinances and laws are hereby repealed and replaced by the provisions of this code: Supp_ No. 1 LDC1:28 Y.. Collier County, Finride I permit Number 4339 Naples, Fla. - ��L�.y� — -- 1923 The undersigned applies For a permit to fA1111.f1- ALTER - REPAIR . MOVE) CTzz Did& to be use as RABidonee and agrees to conform to all the ordinances in force regulating the use, building, removing, repairing or altaring of any building or srructure within the A copy of the approved plans and specifications shall be kept at the building site during con- struction. 57 � X ' Haight 10 No. of Stories Size of Building 1 Building or structure robe feet from East line, feet from South line, 26 feet from West line, 816 _ feet from North line. The building or structure will face Plot Plan West vdnderbilt Reach 106+2 Gulf Shore Drive br,,o0 Building Permit $ Plumbing Permit b 7s 54 Electrical Permit S 4,95 57.1+5 Total $ D. j. Vaccaro Owner's Agent Owner _.--- ------- ---- -- — — Rutemberg Constr. Architect -- -__ -- .— _____ _ -_ Contractor — License Number 57.1+5 Th above application has been examined and is hereby approved subject to the payment of S _ as provided by the Collier County Building Code. PaymeraA A•dr.leMrer Building official This permit expires if construction is not started within 60 days from date issued. E X H PENALTY. Fee will be doubled if work is started without permit. — s - 1815 Floor Space Sq. Ft. utility _ Sq- Ft. x" Porch S9 Ft. Car Pone _. Sq. Ft. Other Sq• Ft- 559 3ota1 sq. Ft. 11+ j6^O.CO Estimated Cast b br,,o0 Building Permit $ Plumbing Permit b 7s 54 Electrical Permit S 4,95 57.1+5 Total $ D. j. Vaccaro Owner's Agent Owner _.--- ------- ---- -- — — Rutemberg Constr. Architect -- -__ -- .— _____ _ -_ Contractor — License Number 57.1+5 Th above application has been examined and is hereby approved subject to the payment of S _ as provided by the Collier County Building Code. PaymeraA A•dr.leMrer Building official This permit expires if construction is not started within 60 days from date issued. E X H PENALTY. Fee will be doubled if work is started without permit. — s - APKICATiON FOB WILDING hpMtT Collier County, Florld• 1 9B N ■pl.., Fla. _ T.._ .. 19_i 3 Permit Number � -- The undersigned applies for a permit h, tq !I ❑ .A r- LTER - REPAIR • MOVE) ?. bs Di. B to be use as 1%rovrtments and agrees to conform to all The ordinances in force regulating the use, building, mmovincg, repalring or altering of any building or srtvcture within the A copy of the approved plans and specifications shall be kept at the building site during Con - ,u.ction. 10 t 3618" X 9518" , Height _ No. of stories — Size of B.-ild(ng 2b feet from East line, Building or sirudvre b be feet from South line, 26 feet from West line, The building or structure will face Nest Plot Pian 92 feet from North line. :,hcTa Drive t07 ■'.Jv Building Permit $ Plumbing Permit S 13050 ti.orl Electrical Permit S Total 5 tat a5� $oritZia Trunc Inde Owner's Agent — Owner Rutenberg Contract o• Architect License Number 1iiaKU The above application has been examined and is hereby approved subject to the payment of S -- cheCIC as provided by the Collier County Building Code. Payment Received: earl A. ci==ar Building Official This permit expires if construction is not started within 60 days from date issued. PENALTY Fee will be doubled if work is started without permit. 5882 floor Space _ sq. ft. t l+6 Utility _ Sq. Ft- Porch - -. Sq, Ft. Car Ports sq. F=t_ Other Sq. Ft. 60 �8 Total . —_ Sq. Ft. 1+3 7600.00 Estimated Cost $ :,hcTa Drive t07 ■'.Jv Building Permit $ Plumbing Permit S 13050 ti.orl Electrical Permit S Total 5 tat a5� $oritZia Trunc Inde Owner's Agent — Owner Rutenberg Contract o• Architect License Number 1iiaKU The above application has been examined and is hereby approved subject to the payment of S -- cheCIC as provided by the Collier County Building Code. Payment Received: earl A. ci==ar Building Official This permit expires if construction is not started within 60 days from date issued. PENALTY Fee will be doubled if work is started without permit. APPLICATION FOR BUILDING PERMIT COLLIER COUNTY, FLORIDA 9B PERMIT NUMBER ` 02332 DATE NAME OF OWNER rt CONTRACTOR PHONE JOB ADDRESS mwe'p J4.411, CONTRACTOR ELECTRICAL CONTRACTOR ADDRESS ADDRESS _ ARCHITECT PLUMBING CONTRACTOR ADDRESS ! ADDRESS Q LOT, D 7f7 / BLOCK UNIT— Z — _SUBDIVISION OR METES AND BOUNDS J C: 7_. Permit tq Bnil - ]ter -Re air -Move / Bh Q Size x ei t�%�N�oof to ne A cop of the approved plate and spccifications shall be 4cpt at the building site during construction. M Use _ Building or Structure will face Existing Structure or Use __ Zoning - -- U Z ORDINANCE STANDARDS Z Lot Coverage Percentage Minimum Lut Area O n Front Yard Set Back - Rear Yard Set Back_ Side Yards Set Back_ Floor Space Utility -- i 7'!l Porch Car Port Sq. Feet ---Sq. Feet Sq. Feet Sq. Feet Other Sq. Feet Total % Sq. Feet Estimated Cost S m0 D. D o Building Permit S D V Electrical Permit S— Plumbing Permit S Septic Tank S Ro-- - Total S jr r cro Maximum Building Height Maximum Cot Coverage Minimum Front Yard Set Back Minimum Rear Yard Set Back _ l Mirumum Side Yard Set Back—__ Central Sewer Name— Central Water Name _ Well Permit No. Septic Tank Drainfield Septic Tank Nu. Plumbing Stub Sanitarian Sq. inches below finish floor grade The above applicadun has been examined and is hereby subject to the payment of S 4f) by as provided by the Collier County Building Code. Payment Received: - Building Offic This permit expires if work is not started within 6 months from date of issue. Permit void if zoning classification is violated. This L must not change to any other use without a new permit from the Zoning Director. Fee will be doubled if work is started without permit. The applicant further understands that the proposed use or structure may not be used or occupied until an approv Certificate of Occupancy is issued. Cctificate of Occupancy. Owner Agent Contractor 19 L1 U1 1C_. U U r Utility —Sq. Feet Porch Sq. Feet Car Port Sq. Feet Other Sq. Feet Total 9B Estimated Cost S_ p Sq. Feet Oar �4 Building Permit S APPLICATION FOR BUILDING PERMIT COLLIER COUNTY, FLORIDA 0 �0 ano=" PERMIT NUMBER__ DATE _ / NAME OF OWNER Z:,. �, v JOB ADDRESS CONTRACTOR PHONE CONTRACTOR d 'i ADDRESS ELECTRICAL CONTRACTOR ARCHITECT -ADDRESS ADDRESS PLUMBING CONTRACTOR --- _ADDRESS ~— LOT ' BLOCK y / UNIT U OR METES AND BOUNDS �_SUBD[VfSION J r/ _Z Permit to Build - Alter - Repair -Move rb a-T C . C Size `c.• -+— — r— _Height _ do. of Stones A copy of the approved plans and specifications shall be kept at the building site during construction. Use Existing Structure or Use V 7_ Z Lot Coverage Percent 0 Front Yard Set Back N Rear Yard Set Back- Side Yards Set Back Floor Space Utility —Sq. Feet Porch Sq. Feet Car Port Sq. Feet Other Sq. Feet Total Sq. Feet Estimated Cost S_ p Sq. Feet Oar �4 Building Permit S Electrical Permit S— 7 -� Plumbing Permit S Septic Tank S _�- Total S _Building or Structure will face Zoning ( " L..... ORDINANCE STANDARDS Minimum Lot Area Maximum Building Height !Maximum Lot Coverage Minimum Front Yard Set Back Minimum Pear Yard Set Back Minimum Side Yard Set Back_ Central Sewer Name Central Water Name Well Permit No. Septic Tank Drain field Septic Tank No_ Plumbing Stub Sanitarian Yes Yes Gallons Sq. Ft. inches bclow finish floor trade. The above application has been examined and is hereby subject to the O Y 1 payment of $ by as provided by the Collier County Building Code. Payment Received: Building Official Th permit expires if work is not started within 6 months from datc of issue. Permit void if zoning classi[iq[ion is violated. This use must not change to any other use without a new permit from the Zoning Director. Fee will be doubled if work is started without a permit. The applicant further understands that the proposed use or structure may not be u Certificate of Occupancy is issued. - sed or occupied until an approved Owner IMAGE01 : FL- 01- 4286 -2 03/16/2001 10:36:33pm E 2S i�ct 7" 'es HXOri d MCPEA< "totsw r: . a. 40..q Vial. oN.ae tud .,,..".,. - r,. "7 TV& A.enw tiomala CC . >,, .t81ATUTOtRY FORM 099.02 FS.) Made this 22nd day of - January ig 68, ldn"n wRttm AITKEN and HELEN AITKEN, husband and wife, and of the County or 10ILBERT MC INTOSH and BF i�F. MC ll },S a husband and w��, and PAUL BELL whose post of leg address is P 0. ' Box 265, Naples a the County of Collier . state of Florida , grantne',� jgWnMW *, That said grantor, for and In consideration of the sum Of ------------ ------- -------------- — - ----_ – TBB---------- ---------- --- ---- Dollam and other good and valuable coasideradons to Raid grantor in hand paid by said grantee, the recelpt whereof is hereby arj=w4edged, has granted, brrgataed and sold to the said grantee, and grantees heirs and assigri Forever, the fol. lowing. described laud, situate, lying and being in Collier t„ oanty, Florida, to -wit: Lot 49, Block n ", replat of part of Unit No. 1, CONNER'S VANDERBILT BEACH ESTATES, Plat Book 3, (X ulW w Page 1f1, Public. Records of Collier County, Florida; <l! SUBJECT to easements and covenants of record and littoral or riparian rights, if any. CAMC S7ATE OF FLORIDA cry -' - CA1 9 STATE OF,nO*GA CAMO STAR of. f1O1UDA DOCUMENTARY og `7 G '�.ODCUMENTACf DO[UMEMARY SUR TAX UK TAX SUR TAX - -� �> $5.58 a a a ;i.i0 81.10 wz CANC STATE OF RONIDA ;TAT! OF �FtORIDA CANT STATE Of FIORIOA DOCUMENTARY DOCUMENTARY DOCUMENTARY - SUR TAX !g.FL" 1 sus TAX sox rAZ w21111w,1llwrs Sti.50 -- . �3111DD Page 1 of 1 t 9B ' 1 and said grantor does hereby fully, warrant the title to said land, end will defend the same against the lawful cl aims of all persons whomsoever. • " Grantor" and'Smatee" are used for singular or plural, as content requires. �>K 3111Upgg W Msof; Grantor has hereunto to grantor's hand aid sad the day and year lint abawe written. Signed. sealed and delivered in our presence: G from � ce`n , (Seal) � -, �.,✓ e � � (Seal) (seal) /� e C o zz�LLt& e ilzk:5i (Sear Betty jjff i�clAtOSh — — STATE OF INDIANA COUNTYOF VIdO I HERBBY CERTIFY that'-on this day before n^. an officer duly qualified to -take adcmwledgments, personally appeared : <. WILLIAM AITKEN and,.FIBLEN AITKEN WILBERT MO INTOSH and .3BTTT d ,MCINTOSH,: to men known to be'the person ' M deacAed in and who executed: the foregoing. instrument and acknowledged before we thi►t the y eiec it the same '. - WTlffE55 my hand and oEscEal seal im the Count y and State last aforesaid this p9 °� day of 'January }ems y9 70 7.40tacy public t• QiFICle��!?t7FD CDLClt'RCCbT, akQ� &OOK V_ - R,..b..�a.��•........a.. J>ty'3 Bala scot] Th I :nztrUmenl v,AS 9mwnid"UY a eIOW[>1 eou„tr: rtow,e. ' C7 C,7r' ^.Rr • T e At!offwy MARDAET P ynou�aa IFio,w hertCurt 4 = EXHIBIT o.- A M UNIAGE01 : FL-01-4286-2 03/16/2001 10:36:33pm Page I of I 98 94;?29 e4S44 132077 MON &'MCPEAK ...A,,... s' !"t' Ptinaed fee JAWY-1 Tuk C..#"%? ras"I. Owl 65T Mth A,*a Sonth NAFLFA FLORMA 33940 o. VJ Pad (STATUTORY FORM — SECTION 600,02 F,S-) Made this 29th day of December 119 66. wrtutpru WALTER C. FORBACH and MARGARET FORBACH, husband and wife, of the County Of Collier State of Florida grantor•, and WILLIAM AITK!"'N and HELEN AITK3,N, husband and wife, an undivided interest, WILBERT MC INTOSH & BETTY J. MC INTOSH, husband and wife, an undivided whose -past oiRce address is R.R. #4, Ter?e Haute, Indiana interest of the cmulty of State Of grantee *ftjVMgVt#, Twa said grantor,. for and in consideration of the sum of ---------------------- - - - -- 79N ----------------------------- Dollars, and all er good and vnituible consideratinns; to said grantor in hand paid by said grantee, the receipt whereof Is here acknowledged, has granted, bargained and sold to the said grintee, and grantee's heirs anci assigns fcwrver, the fiii- kwing described land, situate, lying and being In Collier County, Florida, to—in. F)C!4� IE 'Lot 49, Block "D", replat of part of Unit No IaFLLJERJ:� CONNER'S IrANDERBILT BEACH ESTATES, Plat Book Page 18, Public Records of Collier County, Flcrkll*;17 '67 SUBJECT to easements and covqnants o:° record and. littoral or riparian rights, if any. `CGTT cvi cluRr L0RI0A STA:1'E-, FLOPIDA UQUUMINTAL" STAMP TAX end said grantor does hereby fully -1—int the title to said land, and'will defend the same apinst the lawful claims of 211 persona whomsoever. • `Grantor" and "grantee are used for singular Or plural, as context requires. Grantor has hereunto set gmntoes hand and sea) the day and year Srst above written. Signed,sea�ed and delivered in our,pretence: —(Seat) WaLta or 3A STATE OF FLORIDA COUNTY OF COLLIER HIEFLEBY CERTIFY that on this day before me, An officer duly qualified to take acknowledgmcnK persoually appeared WALTER TER C. FORBACH AND MARGARET FORBACH to me known to be the persons described in AM who executed the foregoing instrument and neknnwledged beforr me that , the. , y executed the same. WITNESS my hand and official seat in the County and State. last aforesaid this _29th day of ND. bar ig 66 4.. i,, 6c", Notary Public • T ot Notanf pue, Ponda at 4,ge My Commission E•.Pirts Nov. C 1967 0 L SCOTT IMAGE01 : FL- 01- 4286 -2 03/16/2001 10:36:33pm � 9� Page 1 of 1 ,• :..i 0 �' -:�lE •�•� f 1l?J�c: +aw 0"Icac - or 'Warranty Beef eis p.. ab'EH U[ 30U7N jjW 3nbpn=jr, madr this 6th day of }Barth . A. n. '.9 62 $ctturcu HENRY M. COX, 30iued by his Wife, ALBERTA COX and CL,FF °MD S. LIBBY, joined by his Wife, SUS $. LIBBY, of the meaty of Collier . State of Florida part ies of the first part, and WALTER C. FCRBACH slid MARGARET FORBACH, Busband and Wife, as an Estate by the Entirety with Right of Survivorship, whose post office address is Harmony Shores Trailer Park, East Napies, of the Coarnty of Collier , in the State of Florida . part ies of the second part, .WUWgg t4, That the said parties of the first par:. far and in consideration of the sum of TSN 310-00) - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dollars, and other good and valuable considerations to them in hand paid by said partiatbf the second part, the receipt whereof is hereby acknowledged, have granted, bargained and sold to the said nartietsof tine seco:ld part, their heirs and assigns forever, the following described land, situate, Iying and b.tng is the County of Collier in the State of Florida,- to-wit: t Lot 49 Block "D" replat, of part of Unit Na. 1, } CONNEWS VAND&RBILT BEACH WTATES, Plat Boot: 3, page 18, Collier County Records, Florida a L SUBJECT to easements and covenants of record anT littoral or riparian rights if Rico. u and the said part ills of the first part do hereby fi.e!!r warrant the title to said land, and will defend the same against the lawful claims of aU persons whomsoever. -- An Munras Ubtrust The said part ies of the first part ha ve bercunto set their hand and Hsary .. C r ..........._...._... . ?t6t.ctA. C<Cox -- ( Seal) . ( l ) rri_3-Ytortt ii b fie'��•' � •a�... � _ .......... .... (Seal ) STATE OF MAINE CQU \TY- OF CUMB8RLA3VII 1 HEREBY CERTIFY that on this day before me, an Officer duly quaii&d to take acknowledgnurn ersoIals a HENRY M. COX and ALBERTA COX, Husband and Wife, and p IC F1�0 S. LIBBY and SUS B: LIBBY, Husband and Wife, to me known to be the person s described in and who ezecuted % the T foregoing instrument and they -,,, , . acknowledged before me that tbtr executed the same, - - y WITNESS my hand and o8cial seal in the Cat�n�t'n>x S ' , " {Earr�id this � � �- day of q rez;,is«: ,eE�c deal)' Notary ' Publin �� ti �`! i� ; -. at. o'cktc3c u., and Recorded in .I "l tl ?,4' County. Depnty Clerk. ..a.r<.. +. aw w M•a..v, era aj + rn:t,rw znur.:r, nor.oa ti. jMAM,:tapE; *. SCOTT Llp.r ot.Go,it C,, RV .. t.� i. I 1 sivii 'No' , " 9 "=w•v a. X34 MU03j 902 1tibe>titltmv, Mas wa iath ,Mw ., -1-y A. D. 19.29-, BBTWZW. MCK ?R!1?lt?Jm. DIO•s�� a corponAl a estWne under the laws of the State of Florida hsving Hs prtaetpal piste of business In the County of Qollier sad State at - Florida party of two1w. ;,Z:t, •..a and CLZ7fOF�D 9. LZSB c omwn - ioae o orrec of the County of ter; - •beVland and State oL_ ■ina Pert'" of the second part, WITN SMTH, that the said party of the first part, for and in consideration of the sum of Ten Doll, &other yallable consi_d_er_at_lomllars to It in hand paid. the receipt whereof is hereby acknowledged, has granted, bargained, .cI,l, aliened, remised, releaeed, ooaveyed and con Armed, and by these presents doth grant, bargaln, wll, alien, remise, release, convey and confirm unto said par+ ice of the second part. and _thair heirs and assigns forever, all that certain parcel of land lying and being in the County of— Collier and State ot__._ —._ Florida more par- ticularly described u _ ..... .._ ................. _........__....- - -...- -- Lot._l.l.•, Bock_ - "R ". '.RS....VA??P II�T BEACH ESTATP3�,__.._. according.. to the map or . plat_.._ thereof, on. file_ and recorded in the Dublia .... rac�rd<L�L�ollirr - Page 8�� ALSOf Lot 4g„Block "D ", of the Replat of Unit # 1 CONNERS VANDERBILT BEACH ESTATES, according to ti:e map or plat_ — .. -.. _ ............ thereof on file and recorded - ...in- .._ the Public... records of Collier C.R_W?tY_,....Floriday in Plat — Book.. 3,._..Page...18.,. Subject to existing ease ments. restrictions and reservations of record and taxes for the calendar bear __..._..-- ._...._.._- -- .........._............ __ ................... ..._........_..._.......- - -..._ ._._...._..... — TOGETHER with all the tenements, hereditaments and appurtenances, wit' eve y privil (,ge, right, title, interest and estate, reversion, rem-.iader and easement thereto belunging or in any- wise appertaining; TO HAVE AND TO HOLD the same in fee simple forever. And the said party of the first part doth covenant with the said partiSfl of the second part that it is lawfully seized of the said premises; that they are free of all encumbrances, and that it has good right and lawful authority to sell the same; and the said party o.' the :first part does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. �iL 7 OIN WITNESS WHEREOF, the said party of the first part has caused :t. f=- .these presents to be signed it its name by its president, and its ycorporate seal to be affixed, attested by ita.Sac.- As-cr-Sea'y ,2z Treas. sib day and yea.- above written. -$ "� rate COh7NERS VA ?1DERDILT BEACH `E TATES INC. C,.Jfsat. Sec & areas, President. Signed, Sealed and Delivure Presenoe �j .... ...h% tci rrl I t L at 42 w684 hat's Of._1TA8U _--- __. -_) II Cauntg af— T_�R --. I I HEREBY CERTIFY, That on this— ._.1ath___day or MU . A. D. 19_5 before me personally appeared J Y—CLI Q3iA .....__ _ and ec.Aaat. DON 3. Aug _ -. -- -• respectively President and as of _.CONNER3 VANDERBILT BEACH ESTATES. INC. a corporation under the laws j Of the State of P14rida _, to me known to be the persona described in and who i executed the foregoing conveyance to— HFNF?V -M MY At rT.T7ZQRn S . j jggy-__ and severally acknowledged the execution thereof to be their free act and deed as such offi- cers, for the uses and purposes therein mentioned: and that they affixed thereto the official d seal of said corporation. and the said instrument is the act and deed of said corporation. r, WITNESS my signature and official seal at.. .a in the County of __Let_— _....._ ._._. and State of the day and year last aforesaid. v� 1� Met P•jbfr. Stns of gouda It l-V Y •.' Mp CDMM s E:prU lie 73. MW �` �.....w...... i.. r -+..... C. pUnt.1G a m a q o Mali o .� �.. 03 i � as C �i �► pWwr I a " R7, 'd s �, , "'s''"t`'.� AIt7 [Oi�i+0�D�1�CCC11f11i0fAgtt!■! - r J 9 B WARRANTY 'DEED "i ?IS INDENTURE, Made this 26th day of Aoril , A.D. 196E `�ctwecn PAUL BELL joined by his wife, KATHRY`: R. BELL, the Grantor,, and: An undivided twenty per cent (20%) interest to each of the folicwinq: SEYMOUR J. DEXTER, 3F.NJ. C. GETZEL.MAN, JOHN M. Mc,UEEN, -"+['L 3-ELL and Cb'RRY STOUP, as tenants in ccmmon without rights survivorshic, t:-.e "ran-ee, whose host office address is Post 'f`-7e Sox 265, ::antes, =lorida. ,I'" ".TESSETH, 'iat the Grantor, for and in consideration of the 5:m of :'EN DOLLARS A::D OTHER VALUABLE CO!TSIDERATIONS in hand paid `� the ''rantee, receipt -Thereof is hereby acknowledged, hereby cOnveys to the grantee the real orooerty in Collier County, Florida, c:escribed as: Lot 49, Block *"D", and Lots 49 and 50, - Block "A ", CONNER'S VANDERBILT BEACH ^r,� ESTATES, Resubdivision of Part of Unit {frl No. 1, according to plat thereof as 12�.y�68 recorded in Plat Book 3, pace 18, of ,lT the current Public Records of Collier -;,fir County, Florida. +w� SUBJECT to restrictions, reservations and easements.of record. And the said Grantor does covenant that the property is free of all encumbrances, that lawful seisin of and good title to convey that property are vested in the Grantor, and that the Grantor. hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever. Signed in the presence of: / y " tBrawI `__ b� P r , of Hell "+ N , IN 2r* w 141 STATE OF FLORIDA COUNTY OF COLLIER 1 I HEREBY CERTIFY that on this day personally appeared before me, an officer dull authorized to administer oaths and take acknow- ledgments, PAUL BELL joined by his wife, KATHRYN R. BELL, to me well Known to pe.the Berson described as Grantor and who executed the foregoinq deed, and acknowledged before me that said person executed the sane freely and voluntarily for the ourpose therein exnressed. 'dIT"ICSS my hand and .seal this 26th day of Anr%il�l A.D. 1968. ':btmry Public `1y commission expires: AWARE PUSUL SSAIE OF FLORIDA AT LARGE MY COMMISSION FIP!RES JAN. M 1471 STATE OF FLORIDA��y� - �Y^ SLATE W FLORIDA STATE Of /lORIOA iAM STATE Of FLORIDA OF FLORIDA DOCUMENTARY DOCUMENTARY STATE CU &WAY DOCUMENTARY DOCUMENTARY SUR TAX SUR TAX )OCU MENTARI we TA; SUR TAX SUR TAX STATE Of FLORIDA ;A11C STATE OE+1LORTDA STATE a FLORwA iApC srwTE or FLoRIw • --- - DOCUMEMAtT DOCUMENTARY STALE OF FLO�II WAMML SIIR TAX OOLUMMTMY DOIS METAX ; DOCUMB4EART SUR TAX SSM TAX F STIR TAX STIR TAX 31.10 31.10 31.10 31.10 31.1 STAR Of SROWA STATE OF ROMA STATE Of FLORIDA HATE OE FLOMPA . STAB! OREIOET 4 DOCUAmeaART DOCUMMTART DoCUR10RTART DOCUM64%" DOCSM~ARST . SUR TAX MID TAX SUR TAX t SLID TAX 7 M TARS { E31.10 31.10 31.10 d 311Ip W. 31 1.00 f. N. r 'rte :� ' ' •+' �' wn a 9_B 170842 LVarranty �eed THIS INDENTURE, 'lade h s 6th day of November, A D. 19 68 BENJ. C. GETZELMAN, joined by his wife, NANCY F. GETZELMAN the Grantor s And An undivided twenty per cent (20%) interest to: EUNICE J. GETZELIMAN the Grantee Nhose past office address is. 717 Highland Avenue, Elgin, Illinois 60120 Witnesseth, That ire Gran,-:r fcr and in ccnsideraton of the sum of TEN DOLLARS AND OTHER vA,'JABLE CONS,CERATIONS in nano paid by the Grantee, receipt whereof is hereby acknowledged, --ecr ccn,eys to the Grantee tire reel property In Collier County, Florida, described as: - -- -Lot 49, Block "D ', and Lots.49 and 50, Block "A ", CONNER'S VA:.DERBILT BEACH ESTATES, Resub, division of Part -of Unit No. 1, according to plat thereof as recorded in Plat Book 3, Page ` 18, of the current Public Records of Collier County, Florida.---- - SUBJECT to restrictions, reservations and easements of record. :J:. ;;p•t TOGETHER with all the Grantor's right, title and interest in and to that.certain Lease entered into with The Vanderbilt Club, Inc. °r '• ' - Sf "'TT as Lessee. "` C h �T The purpose of this Deed is to abolish a trust in which the Grantor held title to the above described property for and on behalf of the Grantee and to vest title in the beneficiary of said trust. •i `t! u• r� v D� COWARY I STATE FLORIDA ¢" DOCUMENTAc TAMP TAX �+ VOW- And V W 1 ' ^ r�Q..F15 aoe asp _ 0 3 0= ". _ SC.3 — _ •r. the said Grantor does covenant that the property is free of all encumbronces, that lawful seis of and good right to convey that property are vested to the Grantor, and that the G m rantor hereby fully warrants the title to said land and will defend the some against the lawful claims of all persons will - soever. S4MW N the prwern'e ef: � en� C. Getzelman (iiAL1 Nancy F. Getzelman e.�ere.e w orwed e„�r� ere r enuue c ww-. nemee STAIN Qi ILLINOIS MARGA r T. SCOTT cow, I j�Y that pee ��Y ai+i: �(Or! frM. all Of: ► dIJN a{llh�d i0•... adnriNew *aft and take e . H310.T, C. G=Szx n . and by his Tuft, » Fiir , GXf&ZLXW - ' to eta WON Ii to be t+M a Grentor and who anesllad thr��dnd ;and .» adtewwiadpad bdotrti. rem tAatt pad` e�eea,wd *0 tatntrhaaF - ;,,c ; n Aid �;111Y ll�etd aetd od 1►1� # .� �"'a . ~ ,r +'� - -• * ".. - __ . - -, .. _ __ -. -� -- -�..- a.�..h- �-13 -_i- �= - - -- T� 324 t�u 197 WARRANTY DEED �U THIS INDENTURE, Made this 4th day of August, A.D. 1969, Between EUNICE J. GETZEIJAAN, a spinster, the Grantor, anteBE J. C. GETZEIAffice post address is: 221 South Main Street, Algonquin, Illinois 60102. wITNESSETH. That the Grantor for and in consideration of the sum of TEN DOLLARS AND OTHER VALUABLE CONSIDERATIONS in hand paid by the Grantee, receipt whereof is hereby acknowledged, hereby conveys to the Grantee the real property in Collier County, Florida, described 3s: Lot .49, Bloc:< "D ", and Lots 49 and 50, Block "A", CONNER'S ';ANDERBILT BEACH ESTATES, Resub- -" 1 i. -ion of ?�r`_ of Unit No. �. _ccordin; to rLat t ere,: js recorded in Plat Book 3, Page 1;3, tie ccrrant Pnol_c Records of Collier - County. „_or_:3 3uBJECT `o res- r_ctions, - -;er-i bons and aseme ^.t� o_` r-2cord. .OGETHER ,�_': 311 _he Grantor's 4ht, `le and i. ^.-er "st .n and to t'n3t certain Lease entered i.._o with The Vanderbilt Club, Inc. as Leassee. Consideration for this Conveyance is the 'love and affection which the Grantor '.ras for ':rantee. And the said Grantor does covenant that the property is free of 311 encumbrances, that lawful seisin of and good right to convey that pro- perty are vested in the Grantor, and that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever. Signed in the presence of: STATE OF ILLINOIS ) SS COUNTY OF MCHENRY ) Eunice J. (SEAL) I HEREBY CERTIFY that on this day personally appeared, before me. an officer duly authorized to administer oaths and take acknowledgments EUNICE J. GETZEI1A". a spinster, to me well known to be the person de b e as Grantor and who executed the foregoing deed. and acknowledged. gce me thsrb said person executed the same freely and voluntarily for., 9B :as52, 1 4S3 a': 419 •. ..._.... ......J 7'J ..�.. Jam. .... September 20, 1972 Gran tO: 'H:S J.... .. JOA:7N J. ACQUE.N, husband and wise, ;OAR DEXTER, husband and wife, 3 NJ. C. GZ_2SL :IA:.Jand husband and wife, PAUL G. 37-LL and KA7,1iRYN R. 3ELLI, n. s:cnd- and CURRY W. STOUP and 30SAL:a B. STOUP, husband w.[a, _ _ consideration of 610.001 Ten Dollars, and other good and v,: J�c considerations in hand paid grant , bargain scil :en release convey and confirm unto T1iE 3A::a OF :cA? CS, a corporation, 796 Fifth Avenue Sout c. s _�`e the provisions of a trust agreement dated the 5ta day of known as Trust Number 50 -0299, the following described real estate in the- Couo.ty of rnllier and State of Florida to wit: :,ots_39 and 50,1Block A, and Lot 49, Block D,. a a part of CONKERS VA.YDERB::T BEACH ESTATES, Un.- No. CCC.- ding to plat thereof on file and recorded in, Plat --ook loco 18, of the publio records of Collier County, Florida. 1 71MENTARV .ei: VV �� FLJRi M JJRi­ ( CT T A ►W � ® �� 0 0. 5 5 JU3 _ �`•-o _KW SEAT, F_ _GR1ED A OOCUMiN ART STAMP TAXI taV aC e �Qf fEYENUE� - \j I. T 11'72 \ f? 3 i TO iiAVE A.No To av: J .::e said premises wi-.. -he car.er..ant.� hereditamenis and appurtenances t hereunto belonging or - 6 ,gay appertaining upon the trusts and for the uses and Purposes _arein dr... in said trust agreement set forth. Full power and authority is hereby granted to said tr"taa to improve, subdivide, protect, conserve, seal, lease, encu:ber arc otherwise manage and dispose of said premises or any part t..areof, to dedicate parks,'streets, highways or alleys and to vacate a r subdivision or part thereof, and to resubdivide saki ?ropart:r often as desired, to contract to sell, to grant Options to _�crcas" t to sell on any terms, to convey either with or wi hcut cony :_arat -c {j1 to convey said premises or any ?art t :.ereor to a successor Or successor& in trust and to grant to such successor or succasso_z trust all of the title, estate, powers and authorities vesta �a trustee, to donate, to dedicate, to mortgage, pledge or of :.ar•: -ea encumber said property, or any part thereof, to lease sail: ?mo=or =y, or any part thereof, from time to time, in possession or revars.on, by leases to commence in praesenti or futuro, and upon 6 ta__ -no for any period or periods of time, not exceeding _n tnaczse .. ._ . single demise the term Of 198 years, and to renew or extol.: - usos upon any terms and for any perioa or periods of ti.--a and a• -'tna, ! change or modify :eases and the terms and provisions _ c. _ any 4 t za or times hereafter, to contract zo make leases &---d �t., g_a..- za i options to lease and options to renew `.eases and o___ons j the whole or in any part of t:.e revers.o n and to c.•..a._ac_ v the mariner or f.x.ag _:,.a a.-.ount of ?resent or ._t';re Dentition. or to axc dace said property, or any part tnaraG_, ot:. real or persona_ pro ?erty, to gran- easements or :ar7a '_ a-.- zi. to release, convey or assign any _1g-, ,._tle or _n ta_ast or easement appurtenant r Sall -imam or any - deal w"- said property and every art - :areo= _- �ot:.c.r for SL:C ot::er consider rdL.GnS d5 -t WO'al_:. be raw _ :y Ow ni ng the same to deal. W.Z the same, W at.'. ar S.:..l r to Or :.___.._cnt from tfe way& oDOV6 spec. pled, at any m.e or t. -es .araa =tar. Thh VAbur*M w&s prepared bg Jsekoot�EaL B wer roughr an OG A~14 WOWS. Flongk . ­I V 9 B IS3 GI 3 0 r —ve oaa n complied -wit, or Lc o-D -9 expedienc." oz a..Y act of sari. z;z-s:ea , 3 to Into any 0: tnQ Z 2 :7--i 0: Saic. QV0_ decd, trust ia cr ot" -i L r Q n Z 2XCC Z­ 'y su,a tz,;sLee in relation to saic. r,2— estate any 0 vidonce in favor OZ every PersO.-, relying uPO�n Or C;" Ccnvc,,,ancL , !case or or..-.er inszr-­-­2nm , ;a; 5- czcaZca zest aq:t_,cment was in fc'rCC ezzact, Z .Z. 5"�cn =-.'.'eyance or oz:..er :.nszz,..mont was exec,.zec. W_:n Zz_SZS' ccnaiticns and in Zz-oc; 0Z in SO..' sa zr'_Zt.::e to t'X'2c-te a-C. tr_sm or ozn : S_ccassors in zz',. 6t -.ave Gee are Vested wiz.. a-- t:.2 ti Z_d I estate, zig-ts, :;owors, ;:;.es and ooligaticns Of its, -,is or Z,neiz predecassor zz*,;s7;. T.-.e ;.nza�:est cz eac,-. and every -enefic;­zy 'areundorand, Q. all -,__sons c ;:der or any O: t.-I;m 51-. all "Z-a O.-'_Y in Z.:I.a aarnin,3s, avails and proceeds aris; . ng zzo.m., t.-.e sale or ot..cr dis7osizion of said zeal estate, and stick interest is -.eze--y declared a a .rave to oa sersonal -property, and beneficiary herauz, ar sn -1 n v any title or interest, legal or eqL-.itable, in or to said real estate as only an. interest In t.-.e earnings, avails and proceeds z.hereo! as azoresaia. granzors.-.ar _-y conver-anz with said grantee z.--az -na grantors araawZ-u__y sa.zed Of said land fee si.mole; ,namegcod rq-t and lawf.:.- aazhor4ty to sell and convey said liind; z..a t zne granzorshezezy z-I-y warrant- the title to said land and w defend the s,— aqa_�.-.st t.14 :aw:fuj c'ai=s of all persons w. - -omscever; and t..at said land is free of all encuzbraLnces, except taxes accruing subsequent to December 31, 19 71 W:-NZSS the said granto:mhaveherevnto sattheirbazdat and seals the day and year first above written. S sealed aAf del'ivered in our C i7 — ence: ­­1 wag Prepared bw, IaCk— L Treadvw", Ernersm 8, FAN" 843 First Aven L'W-'WS U41 No', NICIOS, FWdI .r I rb ILLINOIS) c'Zdl' Cam... : ?Y . :,�: o:, c: .s f betor� -a, a: •1 au:`o::zac in -:e State aforesaid and .: tie Co "n.ty aforesaid - take acknowiecg-.ents -ersonal -y appeared John M. 6 Jo Ann J. McQueen Ct0 :.e known to be mne person(s) described in and w.-,o executed `JV�- AC3�taiag instrument and they acknowledged oe :ore me that they p;ed the same. - '••��W*7NESS my hand and official seal in the County and State last �j�lare;6Z�j this 201hday of September A.D. 1972. l,IC o —y ;�TATB OF ILLINOIS) 'COUNTY OF x A B S) I HEREBY CERTIFY that on this day, before me, an officcr dcly thor;zed in the State aforesaid and in the County aforesaid to J ake,f�wcknoX edgments, personally appeared Benj. C. s Nancy F. Getzelman ! tahT� . to be the person(s) described in and who executed the .instrument and they acknowledged before ma t :.at they Z game. .rtA,•'W ZfE$� my hand 'and official seal in County and State last , ,�'• (7� l�his20thday of September A.D. 197y� i FYOUNt�', :' (r z L= "�/'��y/",Jj(. � �� -� NOt1ry YuD 11C STATE OF ILLIMIl) COUNTY OF N A N !) I HEREBY CERTIFY that on this day, before r..e, an officer d.:ly authorized in the State aforesaid and in the County aforesaid to i take acknowledgments, personally appeared Seymour J. S Mae Davidson Dexter so me knows to be the person(s) described in and who executed the a {�TaQ A strumeni and they acknowledged before me that they same. s head and official seal in County and State last a 20th day of septumbrA.D. 97 ( G motafy Public 7. CERTIFY that on this day, before me, an officer duly ,}! the State aforesaid and in the County aforesaid to J ledgments, personally appeared Cu a *,y ry Sr o-/� to be the parson(�I) described in and who executed flue strument and be acknowledged before me that hoe same. iRTNBS3 my 4W and official seal in the County and State last ai8 - % day of 4e.. A.D., 1972. o Of y �. n,. �. Zi n Y CERTIFY that on this day, before me, an of::car duly 'in the State aforesaid and in the County aforesaid to aka acknowledgments, personally appeared Rotal —e 13 S-ro./O to me known to be the person(il described in and w;ao executed the foregoing instrument and S .4t acknowledged 'before me that add executed the same. WITNESS my hVd and official seal in the County and State last aforesaid this (, day of ©e i• A.D., 1972. -TV& kWrtsyl " ym OnPred by L E-Kwn !mow hii� Sae d 11.:i r t,�. 8� Awwr+t�No., N&VJ , FbrW& w Cam,.. bpo.e :ad 21. 1971 yr M �reN -C. L 1• . pl I,, ( e + t� C tf I 1: 1 e 1 t n� am _ter of �J•� zu 4G 2 STATE OF FLORIDA COUNTY OF COLLIER I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgements, Paul Bell and g personally appeared Kathryn R. Bell to me known to be the person(s) described in and who executed the foregoing instrument and they acknowledged before me that they executed the same. W,LTNESS my hand and official seal in the County and State last aforesaid this day of r „ ` A.D., 1972. i Nota7 PuvK, %te of M„d3 .,t lnn{v uy comnus,on ea+.+a ie0 . sondes Cy f,anL•-- -me C0. �rrr r arrr (►rr V � +3' rrM[T r. �e'Rt i >r ar+ r n+aw C�II I. r 1 L 9B 9B u TNS R-SIRLMU: r vo`s..., dry. 4lbapa r"• -!L.,w AT U':: t14R�4 t~j lees 9 "JU RUi aeee ntit. 39 u 3 IN -4 56:i563 SPECIAL WARRANTY. DEED r• .17,7 :i :11AA THIS INDENT , sad* and sneered into this 28th day of Dec ANK ember, 1978, by and between BARNET! B nY_M=S. as Trustee under Land Trust Agreement lumber 50-0299 wi[h powr and authority to protect, conserve, sell. lease, en- cumber or otherwise manage and dispose of real property, the Grantor. and THE VANDERBILT CLUB, INC., a non - profit Florida corporation, the Grantee, whose address is 10573 Gulf Shore Drive, Naples, Florida 33940. W I THE S 8 6' H TBAi the Grantor for and in consideration of the sum of Ten Dollars and other !or considerations in hand paid by the Grantee, receip. -,hereof is hereby acknorled(ted, hereby convoys to the Grantee all the Grantor's right, title, and intersatto the real property described as: Lots 49 and 50, Block A. and Lot 49, Block D, a resubdivtsion, a part of COMM'S VANDERBILT BEACH ESTATES ,..t No. 1, according to the plat thereof and recoro- , in Plat Book 3, Page 18, of the F-blic Records of Collier County, Florida. including all Lh* right, title, and interest of the Grantor under that Certain lease dated June 4, 1968, and recorded at O. R. Book 291, Page 146 -139 of the Public Re- -ids of Collier county, Piorida. To Have and to hold the sae - the Grants* in fee side. And the Grantor does hereby covenant with the Grantee at the time of the delivery of this de*d the premises were free F ree all encumbrances sad* by him, and that be will warrant and defend the ime of-in t rho lawful claim and demands of all pwreome claimin, by. through or under him. but against x.. sew other. IX MUM H883E0f, the Grantor has caused these presents gF to be ezecuted by the proper officer. therounto duly authorised as the day and year first -bove wrictea. s� Witnesses: BAMOBTT BATH[ OP NAPLES As Trustee T° _, 1 a. .i�!! .L. IUi;.5 STAR OF TWWIDA COUM 07 CDLLIE1 I Hzmy cnTITy TEAT m this day, before se, an officer duly authorised in the State and County a oreaaid to c ke ocksarledpests, personally appured 1 0 , well known to as to bed og "jMS TSAR OT nAPIZE, aasad in Cho forexoins instrument. and that he acknoulodged executing the ease freely and voluntarily under authority duly vr4ted in his by said car- pov&tiop and n tant of a goal affixed thereto is r"e true seal of said WIT IRES sy hand and official in the County And State lost aforesaid this 1J y of � c - i My Cosdssion Expire: x aaIS w see p ane r ws Hens rw n NOT a x P to �a AIR m 'MOIL ' i. w w� .. FOR YOUR - _ INFdR -M.ATI 62f922 FFC(I af)E� !TA `Q DECLARATION OF CONDOMINIUM 410 PN'79 of THE VANDERBILT CLUB. 1'([ �� F.4;� ��U A CONDOMINIUM ARTICLE I INTRODUCTION AND SUBMISSION This Declaration of Condominium is made this 31st day of Oecember 1979, by THE VANDERBILT CLUB, INC. A. Submission - The land described below and the improvements thereon are hereby submitted,to the condominium form of ownership and use in the manner provided by Chapter 718, Florida Statutes (1977). B. Name and Address - This condominium shall be identified as THE VANDERBILT CLUB, a condominium and its address is 10573 Gulf Shore Drive, Naples, Florida, 33940. C. Land - The land, which is owned in fee simple by THE VANDERBILT CLUB, INC., is situated in Collier County, Florida and is more particularly described as follows: Lots 49 and 50, Block A, and Lot 49, Block D, resubdivisions of a part of Conners Vanderbilt Beach Estates Unit No. 1, according to the Plat thereof on file and recorded in Plat Book 3, Page 18, of the Public Records of Collier County, Florida. and is further described on the survey and plot plan attached hereto as an exhibit. D. Applicability of Declaration of Condominium present and future owners, tenants, and all-bther persons who might use the facilities of the Condo- minium in any manner are subject to the provisions of this Declaration, and the acquisition or rental of any unit, or the act of occupancy of any unit; shall signify that the provisions of this Decla- ration of Condominium are accepted and ratified in all respects. HIS INSTRUMENT PREPARED BY: ohn F. Forsyth, Esq. -. Condominium Exhibit_A filed in 00 Sixth Avenue South Condominium Book 14 pages 113 -114 aples, Florida 33940 January 2, 1980 William J. Reagan, Clerk by Nancy Grunwald, D.C. ■ IMAGE01 : FL -01- 4328 -2 03/19/2001 11:29:34am Page 1 of 6 2756621 OR: 2783 PG: 2241 FOR YOUR '=�n" offing `'ter "I r'' `` n lac 111e M IS." INFORMATION 6.N life I.N Huts: an UM Cum 2115 lIr W 'R 11 #311 plus n34143 CERTIFICATE OF CONDOMINIUM ASSOCIATION OF TERMINATION OF VANDERBILT BEACHCOMBER CONDOMINIUM THE UNDERSIGNED. being the duly ele7ds acting President of Vanderbilt Beachcomber. Inc., a Florida Corporation Not for Profitereby certify th at at a special joint meeting of the Board of Direct - �4fbrth -_, called pursuant to all applicable notice held on t 100° of the Directors and 1009E of the Unit Owrtcrs were present, the below was approved and adopted by the votes indicated for the purpose of terminating the UWaration of Condominium of VANDERBILT BEACHCOMBER CONDOMINIUM. recorded in Official Records Book 793. page 253. inclusive. and as amended, Public Records of Collier County, Florida, which submitted the land described in said Declaration to the condominium form of ownership. 1. The following resolutions were approved by 11x1`'% of the entire membership of the Board of Directors and by 100% of the entire membership of the Association. RESOLVED: That the Declaration of Condominium of VANDERBILT BEACHCOMBER CONDOMINIUM, recorded in Official Records Book 793, page 253. inclusive. and as amended. Public Records of Collier County, Florida shall be terminated: and it is further RESOLVED: That the officers of the Corporation are hereby instructed and authorized to cause the termination evidenced by the attached Termination of Condominium be filed of public record together with the Certificate of Termination, as required by Law: and it is further RESOLVED:_ That.hettce(orward dW_1e_gaLd=ription_of the underlying lands owned in fce L-- by.IAQUAPORT, L.C' shall be the same as it existed prior to its dedication to the condominium form of ownership and shall be as follows: Lois So and S1, Block D. Re- subdivision of part of CONNER•S VANDERBILT BEACH ESTATES, Unit No. 1, according to the plat is Plat Book 3, page 19, of the Public Records of Collier County, Florida. �9f ice, 2001 Date EXHIBIT - q_ M 9B IMAGE01 : FL -01- 4328 -2 03/19/2001 11:29:34am Page 2 of 6 T— T OR: 2763 PG: 2242 . ". FCPWW b.,.: lane Yeager L%L*. E%gnirc 3375 Tuniani TIWI NOM Sidle 310 WWks. Fl. 33103 TERMINATION OF CONDOMINIUM Pursuant to &,cfion 1/n.l17, Florida Statutes, AQUAPORT, L.C., a Florida limited liability company. the fee simple owner of Unit.; New Unit No 1 Units-2.3.4.5. 6. and New Unit No. 7, constituting 1006/o of the condominium unit owners at VANDF.RBILT BEACHCOMBER CONDOMINIUM. do hereby consent to the Termination of the Declaration of Condominium of VANDERBILT BEACHCOMBER CONDOMINIUM. recorded in Official Records Book 793. page 253, inclusive, and as amended, Public Records of Collier County. Florida. which submits the land described in said Declaration to the condominium form of ownership. Hencefomard the legal description of the underlying lands o%ned in fee simple by AQUAPORT. L.C., shall be the same as it existed prior to its dedication to the condominium form of o%rnership and shall be as follows- Lots 50 and 51, Block D, Re- subdivision of part of CONNER•S VANDERBILT BEACH ESTATES, Usk No. 1, according to the plat in Plot Book 3, page 18, of the Public Records of Copier County, Florida. Signed. sealed and delivered OWNER OF ALL UNITS: in the presence of- AQUAPORT. L.C.. a Florida limited liability company BY: Prin ame: JT C F NORMAN C. BURKE. Manager i Mint Name: r/—/A C � �� c' • _'�— STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this �' day of 1 2001. by NORMAN C. BURKE as Manager of AQUAPORT. L.C., a Florida limited ' liability company, who is personally kno*w/to me. .Nod" Public (SEAL) Print Name: 1v. y Commission Expires i:x�s $WWwKM wpd,ralacadrconbar.� aea�►sle2 awrnrnt�.rnuaeu,r.�a IMAGE01 : FL -01- 4328 -2 03/19/2001 11:29:34am u VCA46K 0 --1 Iy� Printed Name STATE OF FLORIDA COUNTY OF COLLIER 9BPage 3 of 6 OR: 2783 PG: 2243 VANDERBILT BEACHCOMBER, INC., a Florida corporation not- for -profit By•C� J-,, N• �� N AN C. Btr xE. Presitlent (CORPORATE SEAL) 1 HEREBY CERTIFY that on this day, before me, an officer duly authorized in the Stan and County aforesaid to take acknowledgments, personally appeared NORMAN C BURKE. (one of the following should be checked, if none are checked, he is personally kwun to me) -X who is personally known to me, or _ has produced _ as identification, and who did not take an oath, and who is known to be the President of VANDERBILT BEACHCOMBER, INC., a Florida corporation not- for - profit, the Association named in the foregoing instrument and that he acknowledged executing the same, in the presence of two subscribing witnesses, freely and voluntarily under authority duly vested in him by said Association and that the seal affixed thereto is tlx true corporate seal of said Association. WITNESS my hand -rand _official seal in the State and County last afon�aid this - f f day of _Z_ t t r a- <- 2001. NOTARY PUBLIC (SEAL) Printed Name of Notary My Commission Number is: Ibis imtru rent prepared by: JANE YEAGER CHEFFY. Atuxocy at Law 2375 Tantiami Trail Nord(. Suite 310 Naples. Florida 34103 Pbow: (941) 263.1 1301 Fax: (941) 263 -3827 c: %wpda1nME- F0RMSXCERTW1C.AMl3 My Commission Expires: ElMr tpNMS91t)N • (R:116µ1 E1MRES:Stpta1bK25 20G3 i,dr ww re�ry tin. u . 9B �a�µ IMAGE01 : FL -01- 4328 -2 03/19/2001 11:29:34am Page OR: 2783 PG: 2244 tbx anuumm llepmf b! lane Yeager Oefry. Ewsw 23Y5 Unim Trail Noah wp&m Fl. 341113 CONSENT AND JOINDER OF MORTGAGEE TO TERMINATION OF CONDOMINIUM SOUTHEWCOMMUNITY BANK ( "Mortgagee "). hereby consents. pursuant to k ction /8.117 Fl aridaVwur es. to the Termination ofthcUeclarationofCondominiumofVA NDERBILT BEACHCOMBER CONDOMINIUM. recorded in Official Records Book 793. page 253. inclusive. and as amended. Public Records of Collier County. Florida. which submits the land described in said Declaration to the condominium form of ownership. Nothing herein shall be understood to be a release of the lien which encumbers the property described in that certain Mortgagee executed by- Aquaport. L.C. a limited liability company. in favor of Mortgagee. recorded in Official Records Book , page i ' . Public Records of Collier County. Florida. which alfcr the termination of the condominium shall be secured by the underlying real properly. Signed. sealed and delivered in the presence of. Pript'Name: Pr' Priht N c STATE OF FLORIDA COUNTY OF COLLIER MORTGAGEE: SOUTHERN COMMUNITY BANK TITLE: & The foregoing instrument was acknowledged before me this. day- of Au g - 21N10. b% irt_eXi1u am_ as l C� ��!� t. til L`[or Southern Community Bank. who is personally known to me. (SEAL) Mpdm'bcacbco=bWco ado ieennaafe Notary Public Print Name: t f . My Commission Expires: 1zlam My t:t7MAItxfibPN EWES 7w N�i�ilY�uia..o. 4 of 6 9R IMAGE01 : FL -01- 4328 -2 03/19/2001 11:29:34am Page 5 of 6 01: 2983 Pc: 2245 This „at prepwed t* rWW F 13&-Ma. FS60M Woodward, ram t Lon"da. r A. 901 [mad oak Min. sailc 710 Naples, FL 3.11 Oa (941) 366 3131 m,,$y W""LIL'01-Y ti JOAL 0-1 &@kL$JA �I :. ! 131I�T _11r H &W CONTRACTORS, INC., aN Ohio corporation ( "Mortgagee "), hereby consents, pursuant to Section 71 X.117. Florida Statures, to the Termination of the Declaration of Condominium of VANDERBILT BEACHCOMBER CONDOMINIUM, recorded in Official Records Book 793, page 253, inclusive, and as amended, Public Records of Collier County, Florida, which submits the land described in said Declaration to the condominium form of ownership. Nothing herein shall be understood to be a release of the lien which encumbers the property described in _that certain Purchase Money Mortgage executed by Ayuaport. L.C. a limited liability company, in favor of Mortgagee, recorded in Official Records Book 2712 , page 3205 Public Records of Lee County, Florida, which after the termination of the condominium shall be secured by the underlying teal property. Signed, sealed and delivered in the presence of: Print Name: _( (&1r E ajr &. 01r1 tZCjtfe k nt Name:. -1 ; _s MORTGAGEE: H &W CONTRACTORS, INC. Print Name: Title: (CORPORATE SEAL) STATE OF CA ,- D COUNTY OF `_'a A t' Tk The foregoing instrument as acknowledged before me this CC day of Ala CC !t, , 2000 by k' tk1W* & (Name)' 1 r %, d k lv {" (Title) of H&W Contractors,` - Inc., op behalf of the corporali , who is personally known tchmc and did not take an oath. _ -ILA r1t1691 8. Wrrw"W Lary Public aDa^' K" nt Name: Mr Caara+MIN IL 3goo Wo3 R.tL Commission No.: My Commission Expires: (SEAL) F.\USERS. WAIF DK,.FAS THAN'W&J -T l9RM 9BIt 4 IMAGE01 : FL -01- 4328 -2 03/19/2001 11:29:34am age 6 of 6 Aug -14 -00 10:00A d 941 263 3627 P.12 "t OR: 2783 PG: 2246 "t 9 R-A I I I+ l JACK B. HELMiC:K and KATHLFF.N A. HELNUCK t "Nlong m. W). hczvt'y a►nient. pursuant to Srrta,n 71-8- 117. 1•lursda Matser.i., to the Termination of the L7k da ration of Condmninium of VANOLRBILT fIF.ACIIC'OMBER CONU)NUNIUM. rea,r&d in Official Records Book 793. page 25 1, inclu%ive. and as ainen&d. Public Kccorda of C'nllier Cuunt-. , Florida. which xuhrnA% the I;md dcsmibcd in said Occlaration to the costknuinium fool al ownership. No4hing herein "I be undv -Mto %I to he a release of the lien which encumtw% the ptvperI� described is that certain Pun:hws& Vit"vee• Mortpgc cxL-added by Aquaport. L.C, a limited iiabiltt. coatl+art�, in I'av+x ctl' Vlartgugee. rccord��i in (llliciul Rrrcxds 13dx►k 2712 , p.Ige 3199 Public Rernrd- of Collier County. Florida. which after the Is.-m ination of the conJuminiwn chat) t+c svt:uved by the underlying teal propedY - SOW. x,.ded aid delivered in the pre%rncr of r Print T Print i\ttme. dd ?nut 4 r Pam. i.-z SCAI-LiOF bti��v COUNTY OF MORTGACF:F: Kathleen A. Helmick 'lbe foregoing instntment was w:kruswledi; d before me tht, 15 day of L6 - -r . 20M. by lack B. Helmick and Kathleen A. I lelmich. who ate pemmally known Iu me 4K ha%r pr%xkwcd e"t� �•• .ti 4b and c 1� �`. t _�tZY o�t'� 5 S aa,Jrrttiiic:+ti<n,. CIL Nptarf Pttl lx Print Name: �"^^ • {- L •U) v '►� Mr Contmi%%c' Fx isrs• ISI -.AI Notary Public. State of Ohio TAMIE E. WILSON My Commission Expires May 13.20 INIAGE01 : FL- 01- 4328 -2 03/19/2001 11:29:34am FOR YOUR JNFORMATION Page 1 of 6 2756621 M: 2783 PG: 2241 111=10 is 8171am �m of =LM 011ifflo iltf: an nhm cum U15 ?ARM R11111 mus n 34113 n 1K 111 21.11 W111 1.0 am 6.0 QK l.N CERTIFICATE OF CONDOMINIUM ASSOCIATION OF TERMINATION OF VANDERBILT BEACHCOMBER CONDOMINIUM THE UNDERSIGNED, being the duly elected and acting President of Vanderbilt Beachcomber. Inc., a Florida Corporation Not for Profit, does hereby certify that at a special joint meeting of the Board of Directors ---and -the-Unit _ Owners, called pursuant to all applicable notice regttirtsrrenss, held on,F.rbniary -.2 , 2001 where 100`% of the Directors and 100`% of the Unit Owners were present. the resoluimn-sef forth below was approved and adopted by the votes indicated for the purpose of terminating the Declaration of Condominium of VANDERBILT BEACHCOMBER CONDOMINIUM, recorded in Official Records Book 793. !rage 253. inclusive. and as amended, Public Records of Collier County, Florida, which submitted the land described in said Declaration to the condominium form of ownership. 1. The following resolutions were approved by lo0% of the entire membership of the Board of Directors and by l00% of the entire membership of the Association. RESOLVED: That the Declaration of Condominium of VANDERBILT BEACHCOMBER CONDOMINIUM, recorded in Official Records Book 793. page 253, inclusive, and as amended, Public Records of Collier County, Florida shall be terminated: and it is further RESOLVED: That the officers of the Corporation are hereby instructed and authorized to cause the termination evidenced by the attached Termination of Condominium be filed of public record together with the Certificate of Termination, as required by Law; and it is f ether RESOLVED:_ That henceforward the leg-al-description of the underlying lands owned in fee simple.by.AQUAPORT, L.C., shall be the same as it existed prior to its dedication to the condominium form of ownership and shall be as follows: Lots 5o and 51, Block D, Re- subdivision of part of CONNER'S VANDERBILT BEACH ESTATES, Unit No. 1, according to the plat in Plat Book 3, page 18, of the Public Records of Collier County, Florida. February — 2001 Date INIAGE01 : FL- 01- 4328 -2 03/19/2001 11:29:34am Page 2 of 6 OR: 2783 !G: 2242 -mis ia WcPamd b�: jam Yeapar LU ft. E3q%i- 2375 Tanisni Trill Not* Suit 310 W p1m FL 33103 TERMINATION OF CONDOMINIUM 396-Tel Pursuant to &Ctiol, f 1 n. l 1', Florida Siatutes. AQUAPORT, L.C., a Florida limited liability company. the fee simple owner of Unit., New Unit No 1 Units 2 3 4 S 6, and N, Lew Unit No. 7, constituting 1001/6 of the condominium unit owners at VANDERBILT BEACHCOMBER CONDOMINIUM. do hereby consent to the Termination of the Declaration of Condominium of VANDERBILT BEACHCOMBER CONDOMINIUM. recorded in Official Records Book 793, page 253, inclusive, and as amended. Public Records of Collier County. Florida. which submits the land described in said Declaration to the condominium form of ownership. Henceforward the legal description of the underlying lands owned in fee simple,- by AQUAPORT. L.C.. shall be the same .►s it existed prior to its dedication to the condominium form of ownership arid shall be as follows: Lots 50 and 51. Block D, Re- subdivision of part of CONNEWS VANDERBILT BEACH ESTATES, Unit No. 1, according to the plat in Plat Book 3, page 18, of the Public Records of Collier County, Florida. Signed_ stated and delivered OWNER OF ALL UNITS: in the presence of: AQUAPORT. L.C.. a Florida limited liability company BY: Prin ' a;rte: v� C `f F� NOIWAN C. BURKE. Manager Print Name: C I IA- STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this - day of , ! : • ,' 2001, by NORMAN C. BURKE as Manager of AQUAPORT. L.C., a Florida limited ' liability company, who is personally kno" /tn me. Nothry Public (SEAL) Print Name: w►rta�t Mmo My Commission Expires M. Exams S v+,.ft�s = .y+dms 1„eacb.o.nl�e� x•�.+ �em.aw.e� iwwTM,n�r,r�esune..ran IMAGE01 : FL- 01- 4328 -2 03/19/2001 11:29:34am S' 04 Printed Name STATE OF FLORIDA COUNTY OF COLLIER OA: 2783 PG: 2243 9B VANDERBILT BEACHCOMBER. INC., a Florida corporation not- for -profit By: e NORMAN C. BURKE. President (CORPORATE SEAL) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared NORMAN C. BURKE. (one of the following should be checked; if none are checked, he is personally known to me) 7X who is personally known to me, or _ has produced _ as identification. and who did not take an oath, and who is known to be the President of VANDERBILT BEACHCOMBER, INC., a Florida corporation not- for -profit, the Association named in the foregoing instrument and that he acknowledged executing the same, in the presence of two subscribing witnesses, freely and voluntarily under authority duly vested in him by said Association and that the seal affixed thereto is the true corporate seal of said Association. WITNESS my hand rd official seal in the State and County last aforesaid this Y day of 2001. NOTARY PUBLIC (SEAL) Printed Name of Notary My Commission Number is: This instrument prepared by: JANE YEAGER CHEFFY. Atuvney at 1.2w 2375 Tamiami Trail North. Suite 310 Naples. Florida 34103 ftnw: (94 s) 263 -1130 / Fax: (941) 263 -3827 c:�vgxb=URE -FOt MS%CFatTtFIC.AM3 My Commission Expires: IG1rL®I8M6E11 MY COMMISSION NCC$46149 f3IPM- SiiPOMW 29. M 3of6 .14 I IMAGE01 : FL- 01- 4328 -2 03/19/2001 11:29:34am nu ,ntrwoeat fwq%vw M Tans Ycarff C Kfh.. E%gnme 2375 Tam= Trul North Napkm F1.;4103 OR: 2783 PG: 2244 CONSENT AND JOINDER OF MORTGAGEE TO TERMINATION OF CONDOMINIUM - FAUB SOUTHERKOMMUNITY BAND ( "Mortgagee "). hereby consents. pursuant to ' aecliair '1x.11' Poridastututes .to the Termination ofthc Declamtionol 'CandominimnofVANDERBII.T BEACHCOMBER CONDOMINIUM. recorded in Official Records Book 793, page 253. inclusive. and as amendcd. Public Records of Collier County. Florida. which submits the land described in said Declaration to the condominium form of Ownership. Nothing herein shall be understood to be a release of the lien which encumbers the property described in that certain Mortgage executed b. Aquaport. L.C. a limited liaNlity company. in favor of Mortgagee. recorded in Official Records Book -A page ` i ' . Public Records of Collier County. Florida. which alter the termination of the condominium shall be secured by the underlying real propcm-. Signed. sealed and delivered in the presence of: ILI PrkwName: P ' t Nance: l I ,' ' - f. , "4 , • " STATE OF FLORIDA COUNTY OF COLLIER MORTGAGEE: SOUTHERN COMMUNITY 13ANK TITLE: �--- �•. <• r � � �'r r- i The foregoing instrument was acknowledged before me thisr da>, of r_ ubu�t _22110). b% as ti1 ,L�ToSauttterrl Communit. Bank. who is personalty known to me. (SEAL) Mpdan'bcwJwombern ndu lam+ua- Notary Public Print Name: e- My Commission Expires: Iar��ileei s MVCQWIISB @Cr,8"6 EWWftSWWW2&XW sor. uw ryar,, IYw unr.,,rs Page 4 of 6 IMAGE01 : FL- 01- 4323 -2 03/19/2001 11:29:34am Page 5 of 6 OR: 2783 PG: 2245 This imtrunent prepsed by Carrie F 1 a,ktmo. F%-Wiv woodwwd. Pm & t.otnbudu. P A. 101 tAwd Oak rkive. Stutr Ito Naples, FL 34 108 (941).%6-3131 a CONSENT ANQ JOINDER QF MORTGAGEE TO TERMINATION OF CONDOMINIUM H &W CONTRACTORS, INC., atv Ohio corporation ( "Mortgagee "), hereby consents, pursuant to Section 718.117. Florida Vatutm, to the Termination of the Declaration of Condominium of VANDERBILT BEACHCOMBER CONDOMINIUM, recorded in Official Records Book 793, page 253, inclusive, and as amended, Public Records of Collier County, Florida, which submits the land described in said Declaration to the condominium form of ownership. Nothing herein shall be understood to be a release of the lien which encumbers the property described in-that certain Purchase Money Mortgage executed by Ayuaport. L.C. a limited liability company, in favor of Mortgagee, recorded in Official Records Book 2712 , page 3205 Public Records of Lee County, Florida, which after the termination of the condominium shall be secured by the underlying real property. Si pwd, sealed and delivered in the presence of: Print Name: _(( alt E w1f &- 1144 t tEC IG nt Name: STATE OF C It -, 0 COUNTY OF "S1 A r MORTGAGEE: H &W CONTRACTORS, INC. Print Name: M- -/:--1 .F' Title: 1'% �-� • �i� r'- (CORPORATE SEAL) The foregoing instrument was acknowledged before me this ,� day of 464 ve 2000, by fu tt n,�� 1 _ ir, �tk 1 us (Name) 1 t is s , d r lu (Title) of H&W Contractors, Inc., on behalf of the corporation, who is personally known t me and did not take an oath. V1111011 66.. Ma►e''""" tary Public r0n^' PLO Commis " a nt Name: 1tp b..: .. , ... 38ca It Iuw m Commission No.: My Commission Expires: F : \USt:RS'.WAt�DA'.FAS rt1A N- W&J -TL -MM (SEAL) IMACE01 : FL- 01- 4328 -2 03/19/2001 11:29:34am Page 6 of 6 Aug -14 -00 10:00A d 941 263 3627 P.12 * ** OR: 2783 PG: 2245 * ** r 90 CIONSEN"T AND JOiN WK OF MORTGAGEE TO TERIYIINATLON OF ('UIrDOMiNIk ►i� JACK IL HELMICK and KATHLFF.N A. HEL.MIICl: t "t4.xtga�re" �. }ic:cb� c�n�t;Itt. pursuant to Seclum 718. 11'. Pluruka ,l awv.%, to the Termination a the lkxl aatian of Cimdtmninitun of VANDERBILT HFAC HC'UMBER CONTli)11-iINIUM. recmxdc -d in WrIcial Records Dook 793. page 251. inclu %ive. and as atmnded, Public Rccor& oWnllicr C Cunt% , F(arida. v�itia:h submit., the land dc=ibcd to said Dexim4tion to the cornknninium forty of ownership. Nothing herein Shall be ua&- lm%l to he a relcasc of dx; lien which cncumher+ the pjrcopcnt described in that Certain Purch:r.%r Money Mortgage mac.- .-uteri by Aquaport. L.C. a limited Iiabila% conVany. in 1avgrr td'Mortgagee. recorded in 011iciui Reccirds B(*k 2712 , s��gc 3199 Public Rrt-onds- of C'rrtlier County. Florida. which after the lerminaiidm of the conJuminiwn Owl] ho. sccurW by the underlying real property. Signal. s ided mW delivered in the Presence of MORTGAGEF.: 060 - - — Print Nume: �c,�.... �►. .\ �c 13. Melmia Prins Print Name. Pnnt Name- St'AIIOF COUNTY OF KatW= A. Helmick •lbc foregoing instnutmnt wa. acknnwirdged before: ntc th„ PS day of u 2000. by Jmk B. Hchnick and Kathleen A. Ilelmich. who arc personally kn-Ltwu to me 109 ha%e produced C"S� �J� > �b and r f��1.. tZV 0qL -) S S as ukrstilic:Mi��n. Cam....` L_�_S.�'#st• Netary Publj}C_ Print Name: 'iw.. <. C .1�.} �lr►1 -- My Commissciun F. con- - 1KI•..Al Notary Public, Stale of Ohio TAMtE E. 1.101-50H My Commission Expirvs May 13, 20 -- 10A RESOLUTION NO. 2001 -97 A RESOLUTION APPOINTING MEMBERS TO THE COLLIER COUNTY HEALTH FACILITIES AUTHORITY. WHEREAS, in accordance with Chapter 154, Florida Statutes, the Board of County Commissioners of Collier County created the Collier County Health Facilities Authority (the "Authority") by Ordinance No. 79 -95 on November 20, 1979; and WHEREAS, Ordinance No. 79 -95 provides that five (5) members shall be appointed to the Authority; and WHEREAS, there are currently vacancies on the Authority; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties; and WHEREAS, the Collier County Health Facilities Authority has provided the Board of County Commissioners with its recommendations for appointment. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. George C. Mohlke, Jr., is hereby appointed to the Collier County Health Facilities Authority for a 4 year term, said term to expire on March 27, 2005. 2. N. Rex Ashley is hereby appointed to the Collier County Health Facilities Authority for a 4 year term, said term to expire on March 27, 2005. 2. This Resolution shall constitute a Certificate of Appointment and shall be filed with the Clerk of the Circuit Court as provided by law. This Resolution adopted after motion, second and majority vote. DA.TE�-�, larch -2-7, 2001 ATTEST: :DWIGHT E. BR,6 I� Clerk < tt � l,. Attest " ai- tb-6airoan's signature only. Approved as to form and legal sufficiency: David C. Weigel County Attorney DCW/kn BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES Y�tARTER, Ph.D., Chairman 10B 3301 East Tamiami Trail • Naples, Florida 34112 -4977 Donna Fiala (941) 774 -8097 • Fax (941) 774 -3602 District 1 James D. Carter, Ph.D. April 4, 2001 District 2 Tom Henning District 3 Pamela S. Mac'Kie District 4 Jim Coletta District 5 The Honorable Terry L. Rhodes Commissioner of Agriculture The Capitol Tallahassee, FL 32399 -0800 Dear Commissioner Rhodes: While convened in regular session on March 27, 2001, the Collier County Board of Commissioners voted unanimously to support Mr. Robert Robinson in his efforts to obtain approval to lease state -owned submerged lands for aquacultural purposes. Everglades City is a waterfront community with direct access to the gulf and is well known as the Fishing and Stone Crab Capital of Southwest Florida. We feel that the adjacent approved shellfish harvesting area would be an excellent location for farming hard clams. This would be an alternative to the net fishing, which, as you know, has been banned in the State of Florida and would provide jobs for the fishermen who have been economically burdened by the net fishing ban. We respectfully request that the Board of Trustees of the Internal Improvement Trust Fund give positive consideration to approving Mr. Robert Robinson's request to lease state -owned submerged lands for aquacultural purposes. Very truly D.'earter, Ph.D., Chsi .issioner, District 2 JDC:sf Cc: Mr. Robert Robinson The Honorable Sammy Hamilton Everglades City Mayor CRA RESOLUTION NO. 2001 9 8 11B1 '4 A RESOLUTION OF THE COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY RELATING TO COMMUNITY REDEVELOPMENT; PROVIDING FOR MEMBERSHIP, TERMS, PURPOSE, DUTIES, ORGANIZATION AND RULES OF PROCEDURE FOR THE AGENCY; CREATING THE BAYSHORE /GATEWAY TRIANGLE LOCAL REDEVELOPMENT ADVISORY BOARD; CREATING THE IMMOKALEE LOCAL REDEVELOPMENT ADVISORY BOARD; PROVIDING FOR MEMBERSHIP, TERMS, PURPOSE, DUTIES, ORGANIZATION AND RULES OF PROCEDURE FOR THOSE ADVISORY BOARDS; PROVIDING FOR SEVERABIIITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners has adopted a resolution finding the existence of one or more blighted areas in the unincorporated area of the County and further finding that the rehabilitation, conservation or redevelopment or combination thereof, in such areas is necessary in the interest of the public health, safety, morals or welfare of the residents of Collier County, Florida; and WHEREAS, the Board of County Commissioners has further adopted a resolution declaring itself as the Collier County Community Redevelopment Agency to carry out and implement the redevelopment powers and actions contemplated by Part III, Chapter 163, Florida Statutes, within such areas; and WHEREAS, the Board of County Commissioners contemplated the creation of advisory boards for each component area of the community redevelopment area in the unincorporated area of Collier County, composed of citizens, residents, property owners and business owners or persons engaged in business in the area; and WHEREAS, the Board of County Commissioners further contemplated the need to establish membership, duties and responsibilities for the Agency and for each such advisory board; NOW, THEREFORE, BE IT RESOLVED BY THE COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY AS FOLLOWS: SECTION 1. Agency Bylaws: That there is hereby adopted bylaws for the Agency setting forth membership, terms, purposes, duties, organization and rules of procedures for the Agency, a copy of which is attached. SECTION 2. Advisory Board: That there is hereby created the `Bayshore /Gateway Triangle Local Redevelopment Advisory Board" and the "Immokalee Local Redevelopment Advisory Board" and bylaws for those Boards are adopted, a copy of which is attached. w 11 BI SECTION 3. Severability: If any section or portion of a section of this Resolution proves to be invalid, unlawful, or unconstitutional, it shall not be held to invalidate or impair the validity, force, or effect of any other section or part of this Resolution. SECTION 4: Effective Date: This Resolution shall become effective immediately upon its passage and adoption. SECTION 5: This Resolution adopted after motion, second and majority vote this 0?'7,d day of � 2001. ATTEST:'_ =` DWIGH'FE.'BROC& SECRETARY y Attest as to'4 airow 's signature only. Approved As to Form and Legal Sufficiency COMMUNITY REDEVELOPMENT AGENCY OF COLLIER COUNTY, FLORIDA BY: fi�� �fi PAMELA S. MAC' KIE, ChAlIWAN Heidi Ashton, Assistant County Attorney and CRA Legal Counsel 11 B 11 if BYLAWS OF THE COMMUNITY REDEVELOPMENT AGENCY OF COLLIER COUNTY, FLORIDA ARTICLE I. NAME AND PURPOSE SECTION 1. Name: This Community Redevelopment Agency shall be known as the "Collier County Community Redevelopment Agency" (the "CRA "), established pursuant to Resolution 2000 -83 adopted on March 14, 2000 by the Board of County Commissioners ( "BCC ") of Collier County, Florida (the "County ") pursuant to Part III, Chapter 163, Florida Statutes (the "Act "). SECTION 2. Redevelopment Area: The area of operation of the CRA consists of certain geographical areas listed below and for which a redevelopment plan was adopted by CRA Resolution 2000 -01 by the CRA and Resolution 2000 -181 by the BCC, and referred to therein as the Immokalee Component Redevelopment Area and the Bayshore /Gateway Component Redevelopment Area. Additional Component Redevelopment Areas may be added under separate resolutions by the CRA after all appropriate findings have been made and a redevelopment plan for those areas adopted by the CRA and BCC, all in accordance with the Act. SECTION 3. Purpose: The purpose of the CRA is to undertake and implement improvements as provided for in the Act and the adopted Redevelopment Plan; to promote and create favorable conditions for the development, redevelopment and revitalization of the area of operation of the CRA; and to receive input from its Advisory Boards, authorized by the Resolution No. 2000 -83, who adhere to separate bylaws adopted specifically for their purposes, and serve to represent the component areas of operation of the CRA. ARTICLE II. COMMUNITY REDEVELOPMENT AGENCY SECTION 1. Function: The CRA is established to carry out those purposes that are outlined in Article 1, Section 3. SECTION 2. Authority: The CRA, subject to the provisions of the Act and all other applicable provisions of law, shall have all powers customarily vested in a community redevelopment agency as provided in the Act. SECTION 3. Members and Terms: In accordance with Section 163.357(1), Florida Statutes, the Collier County Board of County Commissioners has declared itself to be the Collier County Community Redevelopment Agency as an additional duty of office. Reference to the members of the CRA as a whole shall be "CRA Board" or "CRA ". An individual member of the CRA shall be referred to as a "Commissioner." CRA Board terms shall be simultaneous with terms of members of the Board of County Commissioners. SECTION 4. Vacancies: Appointments to fill vacancies on the CRA shall be filled by the person filling the vacancy on the Board of County Commissioners. SECTION 5. Employees: The CRA may, as it from time to time determines, employ or retain by contract staff, personnel, technical experts, legal counsel, and other such agents and employees, permanent or temporary, as it requires, and determine their qualifications, duties and compensation. The 11 B1' i CRA may approve and authorize contracts with the County and other persons, firms and individuals to provide services for and on behalf of the CRA. ARTICLE III. OFFICERS SECTION 1. Officers: The officers of the CRA shall consist of a Chairman, Vice Chairman, and a Secretary, and such officers as the CRA may from time to time create. The Secretary shall be the Clerk of Courts to the Board of County Commissioners, but shall have no vote. SECTION 2. Qualifications: Officers shall be members of the CRA, except that the Secretary may, in the discretion of the CRA, be someone not a member of the CRA. SECTION 3. Role of Chairman: The Chairman shall preside at all meetings of the CRA, sign agreements, contracts, and instruments on behalf of the CRA, call special meetings as necessary and shall perform such other duties as are customary for the Chairman. SECTION 4. Role of Vice Chairman: The Vice Chairman shall act for the Chairman in the Chairman's absence. The Vice Chairman shall also perform such duties as are delegated by the Chairman. SECTION 5. Role of Secretary: The duties of the Secretary will be defined in a written agreement with the Clerk of Courts. Some of the duties may include: (a) keeping the minutes of the proceedings of the meetings of the CRA, (b) providing all notices in accordance with the provisions of these bylaws or as required by law, (c) posting or causing to be posted all meeting notices as required by County procedures and notify members, (d) maintaining custody of the CRA records, (e) attesting contracts and other CRA documents, and (f) in general performing all duties from time to time as may be prescribed by the Chairman of the CRA. SECTION 6. Officer Absences: In the absence of the Chairman and Vice Chairman, the quorum present shall select a Chairman for the meeting. SECTION 7. Election of Officers: Except for the Secretary, officers shall be elected at the Annual Meeting of the Agency. Election requires nomination from the floor and an affirmative vote by a majority of the CRA members present and voting on an annual basis, provided a quorum is present at such meeting. Officers shall be seated immediately upon their election. SECTION 8. Terms of Office: Each officer duly elected by the CRA shall serve a term of one year until the next annual appointment or election. All officers shall hold office until their successors have been elected or until their earlier resignation, removal from office or death. No person may simultaneously hold more than one office on the CRA. SECTION 9. Officer Vacancies: If a vacancy exists in any office, the CRA shall elect a new officer by the affirmative vote of a majority of the CRA members present and voting at a meeting of the CRA, to fill the incomplete term of the vacated office. SECTION 10. Removal or Resignation: tion: The CRA may remove an officer at any time with or without cause by the affirmative vote of a majority of the CRA members present and voting at a duly constituted meeting of the CRA. An officer may resign at any time by delivering notice thereof to the CRA. A resignation is effective when the notice is delivered to the CRA unless the notice specifies a later effective date and the CRA accepts the future effective date. The pending vacancy may be filled before the effective date provided that the successor does not take office until the effective date. Pa 11B1'. ARTICLE IV. COMMUNITY REDEVELOPMENT AGENCY ADVISORY BOARDS SECTION 1. Function: In accordance with Resolution 2000 -83, advisory boards are to be created for each component area of the community redevelopment area in the unincorporated area of Collier County, which shall be composed of citizens, property owners and business owners or persons engaged in business in the area. Separate bylaws for these advisory boards will be adopted by the CRA. These advisory boards will serve as the primary source of community input to the CRA staff and to the CRA itself. Each advisory board will consider and make recommendations to the CRA staff and the CRA concerning the Redevelopment Plan, amendments to the Redevelopment Plan, the redevelopment area work program and priorities and their implementation. The advisory board functions are advisory only and are to assist with the public input in the local redevelopment planning process. ARTICLE V. MEETINGS SECTION 1. Meetings: The Board shall schedule meetings as needed to carry out its duties in accordance with these Bylaws and shall follow the procedures outlined in Sections 2 -36 — 2 -41 of the Code of Laws and Ordinances of Collier County unless otherwise specified below. a) Annual: An Annual meeting of this Agency shall be held in the month of January of each year, and on the date and at the time and place to be determined by the Board, if other than at a regular meeting. b). Regular: Regular meetings of the CRA shall be held as necessary on either the second or the fourth Tuesday of each month to coincide with the regular meetings of the BCC or on such day as may be determined by the CRA. The CRA meetings will be held at a "time certain" identified on the BCC Agenda. SECTION 2: Meeting Procedures: The procedures for the meetings of the CRA will follow the procedures outlined for the BCC in Sections 2 -36 — 2 -41 of the Code of Laws and Ordinances of Collier County unless otherwise specified below. Meeting notice will be published in accordance with applicable laws. ARTICLE VI. ORDER OF BUSINESS SECTION 1. Order of Business: The order of business at regular meetings shall be: (a) Roll Call (b) Adoption of the Agenda (c) Adoption of Minutes from Previous Meeting (d) Communications a. Advisory Board communications b. Other communications (e) Consent (f) Old Business (g) New Business (h) Citizen Comments (i) Adjournment 1181 ARTICLE VII. CONTRACTS SECTION 1. Execution of Instruments: Legal instruments of the CRA shall be executed by the Chairman and attested to by the Secretary with the Clerk of Court's seal affixed thereto. In the absence of the Chairman, such instruments may be executed by the Vice Chairman. SECTION 2. Real Prpperty Acquisition and Disposition: The acquisition, conveyance and leasing of real property by the CRA shall be done in accordance with the Act. SECTION 3. Purchasing Procedures: Purchasing procedures will be in accordance with the Act. If the Act is silent then the procedures will be consistent with those authorized by the BCC for Collier County or such other procedures that the CRA Board may adopt. ARTICLE VIII. FISCAL MATTERS SECTION 1. Fiscal Year: The fiscal year of the CRA shall be the twelve year calendar month period commencing on October 1 and ending on September 30 of the following year. SECTION 2. Financial Reporting: The Secretary shall maintain financial records of all financial transactions made on behalf of the component areas of the redevelopment area. Staff assigned as liaison to the CRA shall provide a report of the income and expenditures of each component area to the CRA at the annual meeting and as otherwise requested by the CRA. ARTICLE IX. AMENDMENTS These Bylaws may be amended at any duly constituted meeting of the CRA by an affirmative vote by a majority of the CRA members present and voting after the proposed amendment has been listed on the agenda and submitted to the CRA for review and discussion. PASSED AND CERTIFED AS TO PASSAGE by the Collier County Community Redevelopment Agency this2746 day of ��s 2001. ATTEST: COMMUNITY REDEVELOPMENT AGENCY DWIGHT 5 BROCK, SECRETARY OF COLLIER COUNTY, FLORIDA BY �/�� BY: Attest as to Chairman S PAMELA S. MAC'KIE, CHAIRMAN signature only. Approved As to Form and Legal Sufficiency Heidi Ashton Assistant County Attorney and CRA Legal Counsel 4 BYLAWS OF THE COMMUNITY REDEVELOPMENT AGENCY LOCAL REDEVELOPMENT ADVISORY BOARDS OF COLLIER COUNTY, FLORIDA ARTICLE 1. NAME AND PURPOSE SECTION 1. Name: The local advisory board, one per each component redevelopment area, shall be known as "the name of the component redevelopment area in which the local planning board sits" Local Redevelopment Advisory Board. SECTION 2. Redevelopment Area: The area of operation of an advisory board consists of that certain geographical area identified in CRA Resolution 2000 -01 by the Community Redevelopment Agency (CRA) and Resolution 2000 -181 by the BCC, and referred to therein as the Immokalee Component Redevelopment Area and the Bayshore /Gateway Component Redevelopment Area. Additional redevelopment component areas may be designated by separate resolutions of the Community Redevelopment Agency of Collier County ( "CRA ") and the Collier County Board of County Commissioners ( "BCC") after all appropriate findings have been made and a redevelopment component plan for those areas is adopted by the CRA and BCC, all in accordance with Part III, Chapter 163, Florida Statutes (the "Act "). SECTION 3. Purpose: Each advisory board is intended to be the primary source of community input to the Collier County Community Redevelopment Agency (the "CRA ") and to the CRA staff. Each advisory board will consider and make recommendations to the CRA staff and the CRA concerning the Redevelopment Plan, amendments to the Redevelopment Plan, the redevelopment area work program and its implementation and any redevelopment projects proposed for the area of operation of the advisory board. The advisory board functions are advisory only and are to assist with the public input in the local redevelopment planning process. More specifically, the purpose and duties of each advisory board shall be as follows: (a) review the applicable component redevelopment area's redevelopment plan and when necessary recommend to the CRA any changes to the plan; (b) make recommendations to the CRA on plan implementation, including developing an annual work program, setting project priorities, and developing incentives to further the redevelopment efforts and carry out and effectuate the purposes and provisions of the Act in the component redevelopment area; (c) receive input from members of the public interested in redevelopment of the component redevelopment area and to report such information to the CRA; and (d) review and comment on any redevelopment projects proposed in the advisory board's component redevelopment area. 1161 ARTICLE II. ADVISORY BOARD SECTION 1. Function: Each advisory board is established to carry out those purposes that are outlined in Article 1, Section 3 hereof. SECTION 2. Authority; Standing Rules: ules: The advisory board shall be subject to the direct supervision of the CRA Board. The CRA staff shall assist each advisory board and shall serve as the liaison to the CRA Board. Each advisory board may prepare and adopt standing rules specific to that advisory board's component redevelopment area. Preparation, adoption and amendment of any such standing rules shall be at the discretion of the advisory board and must be consistent with these Bylaws, CRA Resolution 2000 -01 and BCC Resolution 2000 -181 which adopted the Redevelopment Plan, BCC Resolution 2000 -83 which declared the BCC to be the CRA and authorized the creation of the advisory boards, the adopted Redevelopment Plan and the Act. Proposed standing rules or amendments to such rules shall be submitted by the advisory board to the CRA for a determination of consistency with all of the above. Any proposed rules or amendments to the rules will be effective upon that determination. SECTION 3. Number of Members: The Board shall have an appropriate number of members to insure adequate representation of all aspects of the community in the component redevelopment area. This number may vary from component redevelopment area to component area. This number may be increased or decreased from time to time as recommended by the advisory board and appointed by the CRA board member for the applicable component redevelopment area. In no circumstances will the number of advisory board members be less than five. SECTION 4 Appointment and Qualifications: The CRA board member from the component redevelopment area shall appoint the advisory board members subject to Article Il, Section 5 for the Bayshore /Gateway component redevelopment area and Article II, Section 6 for the Immokalee component redevelopment area. All appointments are subject to approval by the CRA board. Consideration should be given to appointing members that have experience in the following professions: finance, banking, architecture, engineering, education, law enforcement, social work, real estate sales and development; planning or design and building construction. Each member of an advisory board shall engage in business in the component redevelopment area for that advisory board. For purposes of these bylaws, an individual who "engages in business" means an individual who owns real property or a business, practices a profession or performs a service for compensation or serves as an officer or director of a corporation or other business entity so engaged. Any group, committee or board existing at the time of adoption of these Bylaws may present its membership for appointment as long as consideration is given to balancing the advisory board with representatives from the above - recommended professions. SECTION 5 The Bayshore /Gateway Triangle Local Redevelopment Advisory Board Consideration should be given to appointing members of the advisory board for the Bayshore /Gateway component redevelopment area as follows: (a) One (1) Bayshore resident; (b) One (1) Gateway Triangle resident; (c) One (1) Bayshore business owner; (d) One (1) Tamiami Trail (US41) business owner; (e) One (1) Davis Boulevard (SR84) business owner; (f) One (1) Bayshore Municipal Service Taxing Unit (MSTU) representative; 11 B1 (g) One (1) at large representative who resides or engages in business, or both, in the Bayshore /Gateway Triangle Component Redevelopment Area; SECTION 6• Immokalee Local Redevelopment Advisory Board: In order to assure a comprehensive approach in the Immokalee community, the Immokalee Enterprise Zone Development Agency as created by the BCC pursuant to Collier County Ordinance 95 -22, as amended, shall be the Immokalee Local Redevelopment Advisory Board. The Immokalee Local Redevelopment Advisory Board shall adhere to the provisions of these bylaws, except as otherwise provided by Collier County Ordinance 95 -22, as amended. SECTION 7. Application Procedures: Applicants must be residents and electors of Collier County. Residents interested in applying to serve on an advisory board shall submit a letter requesting such appointment and containing a brief resume to the CRA. Guidelines for appointing the members to the advisory board will be consistent with those procedures outlined in BCC Resolution 94 -136. SECTION 8. Terms: Except for the Immokalee Local Redevelopment Advisory Board, advisory board members shall serve for two (2) year terms, with no more than two reappointments permitted. However, for purposes of staggering reappointments, three (3) of the initial members will have one (1) year terms as follows: Bayshore /Gateway Local Redevelopment Advisory Board- the Bayshore resident, the Gateway Triangle resident and the at large representative will each serve only a one (1) year term for the first year of the advisory board, with two (2) year terms from then on. The terms for the Immokalee Local Redevelopment Advisory Board will be consistent with the terms set forth in Collier County Ordinance 95 -22, as amended. SECTION 9. Vacancies: Vacancies occurring on any advisory board shall be publicized, but need not be advertised, in a publication of general circulation within the county; and vacancy notices are to be posted in the county libraries, the courthouse and on the internet. Appointments to fill vacancies on the advisory board shall be filled by the CRA Board member of the component redevelopment area. The term of an advisory board member appointed to fill a vacancy expires at the time the term of the original member would have expired. SECTION 10. Attendance Removal and Resi nag tion: It is the intent and strong desire of the CRA that there be full attendance of advisory board members at all meetings of the advisory board, recognizing, however, that it may be necessary for board members to be absent from a meeting due to unusual or emergency circumstances. The following requirements are established: Any advisory board member who is absent for more than two - thirds of the advisory board's meetings in a given fiscal year shall be deemed to have tendered his or her resignation from the advisory board. The CRA shall, as soon as practicable after such resignation, declare the position vacant and shall promptly fill the position. The affected advisory board member shall not serve at any meeting after his or her position is declared vacant by the CRA. 2. In the event that any advisory board member is absent from two consecutive advisory board meetings without a satisfactory excuse acceptable to the advisory board, the advisory board chairman shall state such fact at the next regularly scheduled advisory board meeting and shall thereafter notify, in writing, the CRA of the advisory board member's failure to attend without a satisfactory excuse. The CRA shall review the notification at a CRA meeting and shall declare the advisory board member's position to be vacant if the CRA concurs that the advisory board member was absent from two 1101 consecutive advisory board meetings without a satisfactory excuse and shall promptly fill that position pursuant to the provisions of Article Il, Section 9. For purposes of this Section 10, attendance means presence at the meeting no later than fifteen minutes after the meeting is called to order as verified by the Secretary on the attendance record. 4. A member may resign at any time by delivering notice thereof to the advisory board and the CRA Chairman. A resignation is effective when the notice is delivered to the CRA Chairman unless the notice specifies a later effective date and the CRA board accepts the future effective date. The pending vacancy may be filled before the effective date provided that the successor does not participate at a meeting until the effective date. SECTION 11. Financial Disclosures: Advisory board members shall comply with the applicable financial disclosure requirements of laws of the State of Florida. ARTICLE III. OFFICERS SECTION 1. Officers: The officers of the each advisory board shall be a Chairman, Vice Chairman, and a Secretary. The Secretary shall be the individual assigned from County staff, but shall have no vote. SECTION 2. Role of Chairman: The Chairman shall preside at all meetings and hearings of the advisory board and shall have the duties normally conferred by parliamentary usage on such office. The Chairman shall call special meetings, serve as the advisory board liaison to the CRA, and shall perform such other duties as are customary for the Chairman. SECTION 3. Role of Vice Chairman: The Vice Chairman shall act for the Chairman in the Chairman's absence. The Vice Chairman shall also perform such duties as are delegated by the Chairman. SECTION 4. Role of Secretary: It is the duty of the secretary to (a) keep the minutes of the proceedings of the meetings of the advisory board, (b) provide all notices in accordance with the provisions of these bylaws or as required by law, (c) post or cause to be posted all meeting notices as required and notify members, (d) maintain custody of the advisory board records, and (e) in general perform all duties from time to time as may be prescribed by the Chairman or the advisory board. SECTION 5. Officer Absences: In the absence of the Chairman and Vice Chairman, the quorum present shall select a Chairman for the meeting. SECTION 6. Election of Officers: Except for the Secretary, officers shall be elected annually at the first regular meeting of the year. Election requires nomination from the floor and an affirmative vote by a majority of the advisory board members present and voting, provided a quorum is present at such meeting. Officers shall be seated immediately upon their election. SECTION 7. Terms of Office: Each officer duly elected by the advisory board shall serve a term of one year until the next annual election (or as otherwise determined by the standing rules of the advisory board). All officers shall hold office until their successors have been elected or until their earlier resignation, removal from office or death. No person may simultaneously hold more than one office on an advisory board to the CRA. 11-91 SECTION 8. Officer Vacancies: If a vacancy exists in any office, the advisory board shall elect a new officer by the affirmative vote of a majority of the advisory board members present and voting at a meeting of the advisory board, to fill the incomplete term of the vacated office. SECTION 9. Removal or Resignation: The advisory board may remove an officer at any time with or without cause by the affirmative vote of a majority of the advisory board members present and voting at a duly constituted meeting of the advisory board. An officer may resign at any time by delivering notice thereof to the advisory board. A resignation is effective when the notice is delivered to the advisory board unless the notice specifies a later effective date and the advisory board accepts the future effective date, the pending vacancy may be filled before the effective date provided that the successor does not take office until the effective date. ARTICLE IV. SUBCOMMITTEES SECTION 1. Creation: The advisory board may create, from time to time, such subcommittees as shall be necessary or desirable to carry out the functions, purposes, and objectives of the advisory board. Any such subcommittees shall be subordinate to the advisory board, shall be assigned a specific purpose and objective, and shall be given a date certain to complete its tasks, at which time the subcommittee shall be dissolved, unless said date is extended by the affirmative vote of a majority of the advisory board members present and voting at a duly constituted meeting of the advisory board. SECTION 2. Members: The members of such subcommittee shall be elected by the advisory board for such term and shall have qualifications as the advisory board may desire. SECTION 3. Removal: The advisory board may remove any subcommittee member with or without cause by the affirmative vote of a majority of advisory board members present and voting at any meeting of the advisory board. SECTION 4. Rules and Procedures: The subcommittees shall be subject to the same parliamentary procedures as the advisory board and Florida's Government in the Sunshine Law. ARTICLE V. MEETINGS SECTION 1. Meetings: Regular meetings of the advisory board shall be held on such day, time and place as may be determined by the advisory board, and at a minimum once a month. The purpose of the meetings is to discuss and to then prepare recommendations and advice to the CRA on matters brought before the advisory board. SECTION 2. Quorum and Voting_ At all regular or special meetings of an advisory board, a majority of the membership of the advisory board shall constitute a quorum. Voting shall be by voice unless a member of the advisory board requests a roll call. The roll shall be in alphabetical order with the first name called rotating with each motion upon which the vote is called. The Chairman shall always vote last. A record of the roll call shall be kept as part of the minutes. SECTION 3. Special Meetings: Special meetings may be called by the Chairman at anytime provided adequate notice is given pursuant to Article 5, Section 4 hereof. The Chairman may also call a special meeting when requested to do so in writing by a majority of the members of the advisory board or by a CRA staff member. The notice of such a meeting shall specify the purpose of such a meeting and no 5 11 B1 other business may be considered except by unanimous consent of the advisory board. All members of the advisory board shall be notified in advance of such special meetings by the Secretary. SECTION 4. Notice and Publication: The Secretary shall give notice and keep record of such notice of its meetings and the meetings of the subcommittees including the date, time, and location of each regular and special meeting. Notice shall be posted in the county courthouse and other appropriate locations as recommended by the advisory board and to the County Public Information Department for further distribution. SECTION 5. Open Meetings: All meetings of the advisory board or its subcommittees shall be open to the public and governed by the provisions of Florida's Government in the Sunshine Law. SECTION 6. Minutes: The minutes of all meetings shall be promptly recorded, and such records shall be open to public inspection, in accordance with applicable law. SECTION 7. Location: Meetings of an advisory board, or any of its subcommittees, shall be held in a location accessible to the public. SECTION 8. Meeting Agenda: The agenda for each meeting of an advisory board, or any of its subcommittees, shall be outlined by the Chairman and submitted to the Secretary for preparation. Any advisory board member in the case of an advisory board, or a subcommittee member in the case of a subcommittee, may place an item on the agenda by submitting it to the Chairman for forwarding to the Secretary prior to the deadline for publishing the notice of such meeting. SECTION 9. Order of Business: The order of business at regular meetings shall be: (a) Roll Call (b) Adoption of the Agenda (c) Adoption of Minutes from Previous Meeting (d) Communications (e) Old Business (f) New Business (g) Citizen Comments (h) Adjournment SECTION 10. To provide for the orderly and efficient conduct of its meetings, each advisory board shall follow Roberts Rules of Order. ARTICLE VI. CONFLICT The provisions of these bylaws shall apply to the Immokalee Local Redevelopment Advisory Board except as otherwise provided by Collier County Ordinance No. 95 -22, as amended. It is the intent of the CRA that Collier County Ordinance No. 86-41, as amended, shall not apply to the advisory boards. ARTICLE VII AMENDMENTS These Bylaws may be amended at any duly constituted meeting of the CRA by an affirmative vote by a majority of the CRA members present and voting after the proposed amendment has been listed on the agenda and submitted to the CRA for review and discussion. 1101 PASSED AND CERTIFED AS TO PASSAGE by the Collier County Community Redevelopment Agency this ? 7,46day of A44#6,200 ATTEST: . DWIGHT. E,. BROCK, SECRETARY BY:T- c -';N'• Attost., '6 Chairman's signature only. COMMUNITY REDEVELOPMENT AGENCY OF COLLIER COUNTY, FLORIDA BY: PAMELA S. MAC'KIE, CHA' MAN Approved As to Form and Legal Sufficiency i Heidi Ashton Assistant County Attorney and CRA Legal Counsel WA Prepared by, l Ese +.,9$re Ellen T. C'h3Jwe -I. Office of the County Attorney 3301 Eas{ 34112 Trail Naples, Florida (941) 774 -8400 * ** 2770310 OR: 2797 PG: 2510 * ** RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, 03/29/2001 at 09:18AN DWIGHT B. BROCK, CLERK RBC FEE COPIES Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR EXT 1240 SATISFACTION OF LIEN FL 6.00 1.00 16u 1 This is to certify that the claim of lien filed in the sum of Five Thousand Dollars ($5000.00), plus prosecutorial costs in the amount of Three Hundred Sixty Dollars and 50 1100 ($360.50), reduced to writing by Order Reducing Fine /Lien dated August 1, 2000, on behalf of Collier County, Florida, and recorded in O.R. Book 2706, Pages 2865 -2870, of the Public Records of Collier County, Florida, against the following described real property, and all other real property located in Collier County, which is owned by Homer Betancourt, along with costs incurred by Collier County as a result of this lien and recoverable pursuant to § 162. 10, Fla. Stat. (2000), has been satisfied in full. Section 5, Township 47 South, Range 29 East, Parcel 23 Folio No. 00129120007 The undersigned is authorized to and does hereby release its lien as to the whole of the above- described real property, and all other real property owned by Homer Betancourt, and consents to this lien being discharged of record. Dated this a%;eZ day of `?�a�- c.�C -� , 2001. ,�it�if!'IJ:F ATTEST:.: DWIGHT E. _BROCK, Clerk Deputy Clerk Attest as to Chairman's 3'"Atwt only. Approved as to form Mal sufficient Ellen T. Chadwell Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, F ORIDA By: _- James arter, Ph.D., Chairman RESOLUTION NO. 2001- 9 0 16 A 2 +, A RESOLUTION ESTABLISHING THE GOLDEN GATE AREA MASTER PLAN RESTUDY COMMITTEE WHEREAS, on February 13, 2001, the Board of County Commissioners directed the re- study of the Golden Gate Area Master Plan; and WHEREAS, County staff desires to have the Board of County Commissioners establish an ad hoc committee to assist staff in its restudy of the Golden Gate Area Master Plan. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Creation of the Ad Hoc Golden Gate Area Master Plan Restudy Advisory Committee. Pursuant to the provisions of Collier County Ordinance No. 86 -41, as amended, the Board of County Commissioners hereby creates the Golden Gate Area Master Plan Restudy Advisory Committee (the "Committee ") as an ad -hoc advisory committee. The Committee members shall serve a term of one year, which will commence on the effective date of the Resolution appointing said members and shall conclude 1 year thereafter. SECTION TWO: Appointment of Members and Failure to Attend Meetings. Membership of the Committee shall be sought and appointed in accordance with Collier County Ordinance No. 86 -41, as amended. The Committee shall consist of ten (10) members from a broad base of citizens and business owners in the regulatory area of the Golden Gate Area Master Plan. If any member of the Committee is absent from two (2) or more consecutive meetings without a satisfactory excuse, such member's position may be declared vacant by the Board of County Commissioners as prescribed by Collier County Ordinance No. 86 -41, as amended. SECTION THREE: Officers; Quorum; Compensation. The officers of the Committee shall be elected by the membership of the Committee and shall include a Chairman, Vice - Chairman and Secretary. The presence of a majority of the voting members shall constitute a quorum. The Committee may adopt rules and procedures for the transaction of business and shall keep records of meetings, findings and determinations. The members of the Committee shall serve without compensation, but may be reimbursed for travel, mileage and /or per diem expenses only if approved, in advance, by the Board of County Commissioners. SECTION FOUR: Functions, Powers and Duties of the Committee. The functions, powers and duties of the Committee shall be to: a. Assist in the development of any necessary Request for Proposals (RFPs) for consulting services; b. Aid and assist in the restudy of the Golden Gate Area Master Plan. This would include assisting staff with the review and development of policy recommendations from the Rural Fringe Committee and the Community Character Plan findings relative to the Golden Gate Area Master Plan; c. Identify and address issues relative to the Golden Gate Mobility Study, Commercial and Industrial Land Use Study, assessment of locational criteria for Conditional Uses/ 16A2 assessment of Conditional Use needs and the Golden Gate Parkway I -75 Interchange /adjacent land use plans; and d. Assist in the development of revised Goals, Objectives and Policies and Land Use Designation Descriptions for the Golden Gate Area Master Plan. All meetings shall be open to the public and shall be governed by the Florida Government in the Sunshine Law. All meetings shall be held after reasonable public notice is provided as to the location, time and subject matter of the meetings. This Resolution adopted this &2tday of a/t.tk./ , 2001 after motion, second and majority vote. ATTEST: r - HWIGHT E., BROCK, Clerk JV Attest as to Chairman's 090ature only. Approved as to form and legal sufficiency: Marjori M. Student Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: 5� JAMESX CARTER, Ph.D., Chairman Permit No.Ck— 2 0 01— 0 5 PERMIT FOR CARNIVAL EXHIBITION 16A3 STATE OF FLORIDA: COUNTY OF COLLIER: WHEREAS, Peg Ruby, of the Collier County Parks and Recreation Department, has made application to the Board of County Commissioners of Collier County, Florida, for a permit to conduct a carnival (County Jamboree) at the Vineyards Community Park; and WHEREAS, Peg Ruby, of the Collier County Parks and Recreation Department, has presented to the Board sufficient evidence that all criteria for the issuance of a permit to conduct a carnival (County Jamboree) as set forth in Chapter 10, Article II, Amusements and Entertainments, of the Collier County Code have been satisfied and that such carnival exhibition will be conducted according to lawful requirements and conditions; and WHEREAS, said Collier County Parks and Recreation Department, has requested a waiver of the, Surety Bond, Fee and Occupational License. NOW, THEREFORE, THIS PERMIT IS HEREBY GRANTED TO Collier County Parks and Recreation Department, to conduct a carnival (County Jamboree) April 6 through April 7, 2001, in accordance with the terms and conditions set forth in the petitioner's application and all related documents, attached hereto and incorporated herein for the following described property: (See attached Exhibit "A ") The request for waiver of Surety Bond, Fee and Occupational License is hereby approved. WITNESS my hand as Chairman of said Board and Seal of said County, attested by the Clerk of Courts in and for said: County this a %(, day of aA,e� , 2001. ATTEST: DWIGHT E. BROCK, Clerk Atte t as to Chairwa Os signature o"i* Approved as to orm and Legal Sufficiency: �,,�.,' MarjorieW. Student Assistant County Attorney BOARD OF COUNTY COMMISSIONERS: COLLIER COUNTY, FL IDA: JAMES ARTER, Ph.D., CHAIRMAN f PdgG 1 of 2 • DESCRIPTION OF LANDS COUNTY UTILITY EASEMENT FOR TRACT S -41 THE VINEYARDS UNIT 3 16A3 CD ic) A 15.00 FOOT WIDE STRIP OF LAND LOCATED IN THE VINEYARDS UNIT 31 AS RECORDED IN PLAT BOOK 16, PAGES 2 -51 IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING 7.50 FEET ON EITHER SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE NORTHWEST CORNER OF SECTION 5, TOWNSHIP 49 RANGE 26 EAST, COLLIER COUNTY, FLORIDA; SAID CORNER BEING ASPOINT ON THE SOUTH RIGHT -OF -WAY LINE OF VANDERBILT BEACH ROAD; THENCE ALONG SAID RIGHT -OF -WAY LINE SOUTH 89.55'24" 83.53 FEET TO THE POINT OF BFGiNNirr EAST, A DISTANCE OF A DISTANCE OF 2274.11 FEET; THENCE SOUTH 22C 51 2THEAST,8AODISTASST, OF 27.42 FEET; THENCE SOUTH 01.281001, EAST, A DISTANCE OF 70.70 FEET; THENCE SOUTH 2001815811 WEST, A DISTANCE OF 26.94 FEET; THENCE SOUTH 01.2810011 EAST, A DISTANCE OF 318.95 FEET TO THE SOUTH BOUNDARY OF TRACT S -4 AND THE END OF THE CENTERLINE; SUBJECT TO EASEMENTS, RESERVATIONS, OR RESTRICTIONS OF RECORD Aq z- 2049\TRS4U3 r. A m -� 16A3 CAR NY -2001- AR -441 NOTE: Please read reverse side Collier County Parks & Rec. Country Jamboree Before completing this Project: 2001020085 Petition. Date: 2/28/01 CARNIVAL OPERATION PETITION PETITION NO. DATE: AGENT FOR PETITIONER: CWN 4 1C PETITIONER'S NAME: r_a'/1, 6 S r 1'1111 Lg / IC M< � fd -, ,1 r)(-, If a corporation, whether or not a not - for - profit corporation: ; PROPERTY OWNER'S NAME: �� �y! ►1 �J "a/r/ PROPERTY OWNER'S ADDRESS:ia 1 %)I j,, �r &6ra- �ad U �J r l '�� TELEPHONE:�� LEGAL DESCRIPTION OF SUBJECT PROPERTY: �1 k-UKKhN I GUNINU n, CURRENT USE ITI NATURE OF PETON: ( r (14 ya') Q THE FOLLOWING INFORMATION IS INCLUDED IN THIS PETITION. (FOR EXPLANATION, SEE REVERSE SID S.) , / y '/ 3.a. j// 3.e.1) 3.e.4) 3.e.7) � 3.b 3.e.2 3.e.5) 3.e.8) 3.c. 3.e.3) 3.e.6) i/ 3.e.9) 3.d.� e.10) SIGNATURE4 AGENT FOR PETITIONER DATE REVIEWED by Board of County Commi ssioners: Approved: Disapproved: Conditions of Approval: SIGNATURE OF COUNTY ADmrmSTRATOR: Exerpt from Florida Administrative Code 64E -11, Food -Hygiene 16A3 64E- 11.009 — Temporary Food Service Events. Food service operations at temporary food service events shall comply with all applicable sanitary requirements of this rule, unless otherwise exempted in this section. (1) Notification (a) Temporary food service event sponsors or vendors shall notify the local county health department not less than three days prior to the scheduled event of the type of food service proposed and the time and location of the event. Notification may be completed orally, by telephone, in person, or in writing. (b) The local county health department shall keep a record of notifications received for proposed temporary food service events and shall provide appropriate educational material to the event sponsors or vendors. (2) Facilities — Specific requirements for the physical facility where the food service operation is to be conducted shall be based on the type food that is to be prepared or served, the length of the event, and the amount of food preparation that is to be conducted at the temporary facility. (a) If the food service operation is intended for the sale of only packaged, non - potentially hazardous food or drink, the food packages shall be protected from dust, dirt, and other sources of contamination during storage and serving. (b) overhead protection shall be provided at all food service operations when food is prepared or portioned on premises. (c) When potentially hazardous food is prepared at temporary food service events of more than 3 days, the physical structure where the food preparation occurs shall be protected from the entrance of flying insects and other vermin. (3) All food and beverages served at temporary food service events shall be from approved sources in accordance with provisions of section 64E- 11.003 of this chapter or prepared on premises. (4) All food served at temporary food service events shall be protected in accordance with provisions of section 64E- 11.004 of this chapter. (5) Food and food - contact surfaces shall be protected from contamination by customers and dust. Where necessary, effective shields or covers shall be provided. (6) Ice which will be consumed or which will come into contact with food shall be obtained from an approved source. The ice shall be held in a way that protects it from contamination until dispensed. (7) Storage of packaged food in contact with water or undrained ice is prohibited. Beverage containers may be stored in direct contact with ice when: 16A3 (a) The storage facility is equipped with adequate drains which preclude the accumulation of water during use; (b) The melt water is disposed of so as not to create a nuisance; and (c) The storage facility is kept clean. (8) When all necessary washing and sanitizing of utensils and equipment are conducted at an approved commissary or food service establishment, a utensil washing sink will not be required, except that an adequate supply of spare preparation and serving utensils are maintained in the establishment and used to replace those that become soiled. However, a sanitizer solution in a bucket or spray bottle to adequately sanitize the food preparation surfaces will be available at all times. (9) All food service operations which prepare food on premises shall provide an adequate supply of potable water for cleaning and employee handwashing. An adequate supply may be provided in clean portable containers equipped with on/off valves. Soap and single- service towels shall be available for handwashing and hand drying. (10) Equipment shall be installed in such a manner that the establishment can be kept clean and the food will not become contaminated. (11) Liquid waste which is not discharged into a sewerage system shall be disposed of in a manner that will not create a public health hazard or a sanitary nuisance. (12) Floor construction in establishments which prepare food on premises shall be of durable material. Dirt or gravel subflooring can be used when graded to drain, and covered with platforms, duckboards, plastic film, wood chips, shavings, or similar suitable material such as a sufficient cover of grass or turf to control dust. (13) Walls and ceilings, when required, shall be constructed to minimize the entrance of flies and dust. Ceilings may be of wood, canvas or other materials which protect the interior of the establishment from the elements and walls may be of such materials or of 16 mesh screening or equivalent. Doors to food preparation areas, when required, shall be solid or screened and shall be self- closing. Counter service openings, for facilities with wall enclosures, shall not be larger than necessary for the particular operation conducted and shall be kept closed at all times except when food is actually being served. (14) All food service operations at temporary food service events without effective facilities for cleaning and sanitizing tableware shall provide only single- service articles for use by the consumer. Specific Authority 381.0072 FS. Law Implemented 381.0072 FS. History —New 6 -1 -93, Formerly IOD- 13.0292, Amended 3- 15 -98. 16A3 A 3 INDIVIDUAL BOOTH NOTIFICATION FORM FOR TEMPORARY EVENTS Name of event: Name of booth: Person in charge of booth: Florida Administrative Code, Chapter 64E•11 requires all food to come from an approved source. All food storage, preparation and utensil cleaning for this event shall not be done in private homes. Location of advanced food .preparation: COr�PS�t D'YJ %G�j l Qi� How will food be transportedo event location? VI Method of keeping food hot alrlo/pr cold at event site: ILA -LL_J Food must be protected from dust, insects, flies, coughs, sneezes. How will you provide this protection? Describe typ� o�s�tru�#ure• iYri,��cC�l /lYY) `"f ,inn : L- i Adequate facilities and sul How wig you provide this? hsndwashing. 16A3 Failure to comply with applicable food service requirements in accordance with Chapter 64E -11, Florida Administrative Code, may result in enforcement action. Do you understand this completely? Yes �K No I certify that to the best of my knowledge and belief all of the statements contained herein and on any attachments are true, correct, complete, and made in good faith. I understand that these regulations include food intended for service to the public regardless of whether there is a charge for the food. I agree to assume responsibility for this establishment and I certify that said business will be conducted in compliance with the Florida Administrative Code, Chapter 64E -11. Signature of SPONSOR NOTIFICATION FORM FOR TEMPORARY EVENTS 16A3 Name of event Nru Address of event 2 �9' L&L &Oct IC W—, Date(s) of event Hours of operation 4 5 12 `IC/ 12 Sponsor of event C v Person in charge of food service Lx*o &eaf -0,U& Phone - N 3 Number of food and beverage booths UV� Estimated number of attenders expegted at the event at one time? Number of toilets to be provided: Portable: Male (s ) Permanent: Male (� ) Method of toilet waste disposal; Female (5 ) 0 �iz?Cj Female le ) Describe method of liquid kitchen vygs#e disp "l;, �, Number of solid waste disposal containers provided: 64 Describe faciliflas and method of hand ,n� . washi Describe facilities and method_ of utensil mg. rinsing and sanitizing: �A)o is / 2; 1 t C Source of potable water 16A3 As the sponsor of this event you are responsible to notify all food vendors of the temporary food service requirements. Failure to comp' f may subject the booths to be closed for publi health reason. Do you understand this completely? Yes No I certify that to the best of my knowledge and belief all of the statements contained herein and on any attachments are true, correct, complete, and made in good faith. I understand that these regulations include food intended for service to the public regardless of whether there is a charge for the food. I agree to assume responsibility for this event and certify that said business will be conducted in compliance with the Florida Administrative Code, Chapter 64E -11. r Date: Signature of onsor's gent JCi4 I U 1 6*4eriff Pon 'unter Collier County Sheriff's Office 3301 Tamiaml Trail East Building "J" Naples, FL 34112 Telephone (AC 941) 774 -4434 March S, 2001 Ms. Peg Ruby Collier County Parks and Recreation 3300 Santa Barbara Blvd. Naples, FL 34116 Dear Ms. Ruby; 1643 I have received and reviewed your plans for a 2 day country music event April. 6 8r, 7, 2001, at Vineyards Community Park. We will provide law enforcement service for your event, based on the proposed security plan. Thank you to please fax the hours as soon as you have them, so that I might begin scheduling. Sincerely, Lt. Karen C. Strickland Special Services Bureau RISK MANAGEMENT Fax:1- 941 - ?74 -8048 Mar 12 '01 11:38 P. 01/04 16A3 COLLIER COUNTY RISK MANAGEMENT 3301 Tamiami Trail East Naples, Florida. 34112 -4902 Telephone: (941) 774 -8415 Facsimile: (941) 774 -8048 E -Mail: ShereeMediavil '[oC@colliergov.net DATE: March 12, 2001 TO: Parks & Recreation Peg Ruby FACSIMILE #: 353 -1002 # OF PAGES: Two www FROM: Sheree L. Mediavilla, CLA Telephone. 8415 Senior Analyst SUBJECT: Certif itateof Liability Insurance - Country Jam fvm. aarn r,llo RISK at, Insurance BrnJ Rish M. agwneIntServices,, Inc. % S eree McJlavllI Mar 12 Fore: (9k1) 49.7933 Oato 3/12/01 0 11 :19 AM Part 16A3 ACORD_ CERTIFIdATE OF LIABILITY INSURANCE OPID 6T aATIIMMDDnrT COLLI 2 03112/01 FFADOUC OR Innuranae and Risk Etanagemen,t THIS CERTIFICATR 19 ISSUED AS A MATTER OF INFORMATION ONLY AND CONfZR3 NO RIGHTS UPON THE CERTIFlCATE Services, Inc. HOLDER. THIS CERTIFICATC DOES NOTAM6ND, EixTIENo OR 3200 Sailoy Lane 0105 ALTER THE COVERAGE AFFORDED RYTHE POUCIES BELOW. INSURERO AFFORDtaG COVERAGE Naples FL 34105 -0506 Phone: 941- 649 -1444 Fax: 941- 649 -7933 INNURED N3JRERR Northfield Insurance Company _ INSUREF R C011jor count � awmmant ➢us asinq D��pt INOUR;1 =C: 3301 Tami&*i Trail E, or Naples IrL ,34112 INsuRE D - - -- INeuaer. R rnvsmAOas THE POLICIES OF INffiJRANCE LISTED BELOW HAVE REEK ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY,PERIOD MIDICATED, NOTWITKSTANDING ANY MEOUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTMeR OOCUMENT WITH RESPeCT TO WHICH THIS cwRTLF(C MAY AY se ISSUED OR E INSURCC AFFORDED BY THE POLICIES DGSCRI BED HEREIN 18-S UBJECT TO ALL THG TERMa, UiCLIJSI'ONx AND CONDITIONS OF SUCH MAY PERTAIN, TH AN POLICIES. AGGkEOATE LIMITS SHOWN MNYKAVE BEEN REDUCED BY PAID CLAIMS, 1 1R LTR fO gUNCf POLICY NMeA POL 0. IFEeQTIVE~� rGLCY IDI LIMTV 3301 Bast Taniami Trail all- KPALUASILITY Maples FL 34112 MN►NJFaENTAnrea• FAT:HOCC1RgrKrF 12,000,000 MPEawnoe(- ,%—lrc) I A Z COwaCFaKOCrc- RALLABIUTY AA101264 1OI01100 10/01/01 CULM^NM�E 7 XCUR 1 1, 000 MUDEXP(MNene DerFPU FCi001AL&A0VINJURY _ 12,0'00,000 S.I.R. 4100,000 GENERKAGGTEDATE 1 6,000,000 OWLP.0041ECATE LILIIT/POLOW PER,_— PRODUCT: COMPICPAW _ s 2 000 000 - H(JI,ITJY PR;} LLX: -•.,�.— AUTOMONLf LIAe1LITr CGA31vED 91NO.J: LIMIT s 1 000 000 A S ANTAUIU AA101264 10 101 /00 10/01/01 ( F- CrIfern) ' — ' EOIiL" N,U7Y ALL OYR. ED 4UTen 1 1SZ+VM JLCO AVM9 (PN DersOf I ecoL�nLUx _ —.. 1 14 Wr1 At MR NJN.CPAONCO AUT03 (DEr ACdARSI PPOPERTYOwACr Z CompraMneiye! ACV SUBJECT TO 3IR OF 3 Collision ACV $100,000 (PYr awdWO 1 DARWIOLIAIILITr I AUTD WILY• EAAGCIDEN'r 1 -~ OTHER 1),MN EA ACC s ANY AUTO s A1. ?O OPILY: A,e e)cCE4111S LLOMLITY CAC4 OCCLRREP.CE I I Al"J C_GATE is OCCUR ED CLNMI NY`OE CEOUCTEILIP — RETENTION s g woMKeRf DOOipIH11TlOH AMC ,� wC IAT� eR 6M►LOWRE'LIA61UTr AA101Z64 10/01/00 10/01/01 1400,600 FL FAC-1 ACGOLNT B.I.A. 4100,000 _ 1400,000 ' CL.019CA0C.•CACHPLOYCC E . DISEA.QE - OOLICY UNIT 1140(),000 OTHHI Df to I11PTCN OF O ►eMTtONfLOCATIONWEN10lf Vf110CVNONf ADOe0 fT a /O;tNAOOiNT/fAfOy11.PROV1f1OW Ror)Derm Cox"usation S.I.R. 4150,000; General Liability S.I.R. $100,000; Automobile Liability S.I.R. 8100,000. S.I. It. 's are included Within the Limits of Liability shove. /Ref: Country Jam, Vineyards Community Park, 6231 Arbor 81vd., Napleo, ET held April 6 -7, 2001 V an11r ILIrI.T Lv.m fps ADOITIOIYI.IwfURGO; Pn-LfTTG1i: \. /V�b GLLAIIVn COLLCO2 0HOVLC ANY OF THe ADOVU DEOCNIND POLIOef ®E CANCELLID 11 TORT THE IXPRATION OAT& TN0-60. Y-1"V IHO'N "R WKL YN—.. — -- 1O— — —..ru Collier County Board of County CQ>I Ji alOSAarf NWTIu1 TO THE CERTIFICA11 a NOLDSM HAMEO TO TWO LOT. eVT FAILURE TO 00 f0 INALL 3301 Bast Taniami Trail INPOOE KO 09LIOA710H o LuPILITT OF ANY KIND 1100 THE 1116UPE L ITS AQONTS OR Maples FL 34112 MN►NJFaENTAnrea• AUTHOIa30 tiPIa�ENTATIYr 75.E 17iA71 maraan rnnanoaTInu 110111141 RISK MANAGEMENT Fax :1- 941 -774 -8048 Mar 12 '01 11 :39 P.03iO4 16A3 COLLIER COUNTY RISK MANAGEMENT 3301 Tamiami Trail East Naples, Florida 34112 -4902 Telephone: (94:1) 774 -8415 Facsimile: (941) 774 -8048 E -Mail: SheretMediavilla @colliergov.net DATE: March 12, 2001 TO: Parks Recreation Steve Pfcffers FACSIMILE #: 353 -1002 # OF PAGES: Two FROM: Sheree L. Mediavi lla, CLA Telephone: 8415 Senior Analyst SUBJECT: Certificate of Liability Lnsurance -Collier County Public Schools Friday 8:00 P.M. Ticket Information $5.00 In Advance $8.00 Advance Combination Ticket (Good for the entire event) Tickets go on sale on March 16' Collier County Community Parks Gator County 101.9 in Ft. Myers $8.00 at the gate Ample Free Parking Available On Site No Coolers or Alcohol Permitted Bring Your Blankets & Lawn Chairs Gator Country �0�gC w,,. 1o1.�FM� .eulhw�st Fletld.'. 2d In a Rsw ltNlon Vineyards Community Park 6231 Arbor Blvd, Naples, FL (941) 353 -0404 April - 7, 2001 Friday Gates Open at 5:00 P.M. Saturday Gates Open at 12:00 P.M. Entertainment Carnival Rides & Games (Friday - $10.00 All You Can Ride Special) Petting Zoo & Pony Rides Rock Wall & Mechanical Bull Food Saturday 8:00 P.M. 16A 4 COLLIER COUNTY LAND DEVELOPMENT CODE CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this,,29,t4 ­day of 'A µcm. , 2001 between U.S. Home Corporation hereinafter referred to as "Developer," and the Board of County Commissioners of Collier County, Florida, hereinafter referred to as the "Board." RECITALS: A. Developer has, simultaneously with the delivery of this Agreement, applied for the approval of the Board of a certain plat of a subdivision to be known as: Cedar Hammock - Unit 3. B. Division 3.2 of the Collier County Land Development Code requires the Developer to post appropriate guarantees for the construction of the improvements required by said subdivision regulations, said guarantees to be incorporated in a bonded agreement for the construction of the required improvements. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer and the Board do hereby covenant and agree as follows: 1. Developer will cause to be constructed: Subdivision improvements to serve Unit 3 at Cedar Hammock. These improvements will include water, sewer, roadway, and storm drainage and will be completed within 24 months from the date of approval said subdivision plat, said improvements hereinafter referred to as the required improvements. 2. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A" and by reference made a part hereof) in the amount of $ 243,823.61 which amount represents 10% of the total contract cost to complete construction plus 100% of the estimate cost of to complete the required improvements at the date of this Agreement. 3. In the event of default by the Developer or failure of the Developer to complete such improvements within the time required by the Land Development Code, Collier County, may call upon the subdivision performance security to insure satisfactory completion of the required improvements. 4. The required improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with the final project records have been furnished to be reviewed and approved by the Development Services Director for compliance with the Collier County Land Development Code. S:Uobs \I 2W1263\Documents \Unit 3\ County\ 1263 _Const &MaintAgreement- Unit3.doc 16A 4 5. The Development Services Director shall, within sixty (60) days of receipt of the statement of substantial completion, either: a) notify the Developer in writing of his preliminary approval of the improvements; or b) notify the Developer in writing of his refusal to approve the improvements, therewith specifying those conditions which the developer must fulfill in order to obtain the Director's approval of the improvements. However, in no event shall the Development Services Director refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. 6. The Developer shall maintain all required improvements for a minimum period of one year after preliminary approval by the Development Services Director. After the one -year maintenance period by the Developer has terminated, the Developer shall petition the Development Services Director to inspect the required improvements. The Development Services Director or his designee shall inspect the improvements and, if found to be still in compliance with the Collier County Land Development Code as reflected by final approval by the Board, the Board shall release the remaining 10% of the subdivision performance security. The Developer's responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. 7. Six (6) months after the execution of this Agreement and once within every six (6) months thereafter the Developer may request the Development Services Director to reduce the dollar amount of the subdivision performance security on the basis of work complete. Each request for a reduction in the dollar amount of the subdivision performance security shall be accompanied by a statement of substantial completion by the Developer's engineer together with the project records necessary for review by the Development Services Director. The Development Services Director may grant the request for a reduction in the amount of the subdivision performance security for the improvements completed as of the date of the request. 8. In the event the Developer shall fail or neglect to fulfill its obligation under this Agreement, upon certification of such failure, the County Administrator may call upon the subdivision performance security to secure satisfactory completion, repair and maintenance of the required improvements. The Board shall have the right to construct and maintain, or cause to be constructed and maintained, pursuant to public advertisement and receipt of acceptance of bids, the improvements required herein. The Developer, as principal under the subdivision performance security, shall be liable to pay and to indemnify the Board, upon completion of such construction, the final total cost to the Board thereof, including, but not limited to, engineering, legal and contingent costs, together with any damages, either direct or consequential, which the Board may sustain on account of the failure of the Developer to fulfill all of the provisions of this Agreement. 9. All of the terms, covenants, and conditions herein contained are and shall be binding upon the Developer and the respective successors and assigns of the developer. S:VobsU2od1263\Dowments \Unit 3\ County\ 1263 _Const &MaintAgreement- Unit3.doc 16A 4 IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this 217;t4, day of 1Aa•�•e .i , 2001. Witnesses to �C�fNi�E� Ite . P&AICE A. ME�0EL - ATTEST DWIGHT E. BROCX, CLERK a& rnan `s S 1 gnaurd �. proved s to form aud legal sufficiency: i Patrick G. White County Attorney By: U.S. Home Corporation Corporation By: Michael H. Hueniken - Vice President - Project Manager - Land BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORI By: Chai son - James D. Carter, PhD. (Ord. No. 92-73'2; Ord. No. 94-58,'3, 10- 21 -94; Ord. No. 96-2l,'3) S:Uobs \I2x \1263\Documents \Unit 3\ County\ 1263 _Const&MaintAgreement- Unit3.doc FIDELITY GUARANTY AND ACCEPTANCE CORP. 16A Box 2863, HOUSTON, TEXAS 77252 -2863 PHONE (713) 599 -2575, FAX (713) 599 -2570 IRREVOCABLE STANDBY LETTER OF CREDIT NO. 01074 BENEFICIARY: THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA (HEREINAFTER "BENEFICIARY ") COLLIER COUNTY COURTHOUSE COMPLEX, NAPLES, FLORIDA 33962: ATTN: PROJECT PLAN REVIEW DATE OF ISSUE: APRIL 24, 2001 PLACE OF EXPIRY: AT ISSUER'S COUNTERS DATE OF EXPIRY: THIS CREDIT SHALL BE VALID UNTIL APRIL 16, 2002, AND SHALL THEREAFTER BE AUTOMATICALLY RENEWED FOR SUCCESSIVE ONE -YEAR PERIODS ON THE ANNIVERSARY OF ITS ISSUE UNLESS AT LEAST SIXTY (60) DAYS PRIOR TO ANY SUCH ANNIVERSARY DATE, THE ISSUER NOTIFIES THE BENEFICIARY IN WRITING BY REGISTERED MAIL THAT THE ISSUER ELECTS NOT TO SO RENEW THIS CREDIT. APPLICANT: U.S. HOME CORPORATION, A DELAWARE CORPORATION AUTHORIZED TO DO BUSINESS IN THE STATE OF FLORIDA (HEREINAFTER "APPLICANT ") 10491 SIX MILE CYPRESS PARKWAY, FORT MYERS, FL 33912 AMOUNT: 8243,823.61 (U.S.) UP TO AN AGGREGATE THEREOF. CREDIT AVAILABLE ISSUER WITH: PAYMENT AGAINST DOCUMENTS DETAILED HEREIN AND BY: BENEFICIARY'S DRAFTS AT SIGHT DRAWN ON THE ISSUER. DOCUMENTS REQUIRED: AVAILABLE BY BENEFICIARY'S DRAFT(S) AT SIGHT DRAWN ON THE ISSUER AND ACCOMPANIED BY BENEFICIARY'S STATEMENT PURPORTEDLY SIGNED BY THE COUNTY MANAGER, CERTIFYING THAT: "U.S. HOME CORPORATION HAS FAILED TO PROPERTY COMPLETE THE REQUIRED SUBDIVISION IMPROVEMENTS FOR CEDAR HAMMOCK UNIT 3, TRACT F -I AS APPROVED." DRAFT(S) DRAWN UNDER THIS LETTER OF CREDIT MUST BE MARKED: "DRAWN UNDER FIDELITY GUARANTY AND ACCEPTANCE CORP. CREDIT NO. 01074 DATED APRIL 24, 2001." THE ORIGINAL LETTER OF CREDIT AND ALL AMENDMENTS, IF ANY, MUST BE PRESENTED FOR PROPER ENDORSEMENT. THIS LETTER OF CREDIT SETS FORTH-IN FULL THE TERMS OF THE ISSUER'S UNDERTAKING AND SUCH UNDERTAKING SHALL NOT IN ANY WAY BE MODIFIED, AMENDED, OR AMPLIFIED BY REFERENCE TO ANY DOCUMENTS, INSTRUMENT, OR AGREEMENT REFERENCED TO HEREIN OR IN WHICH THIS LETTER OF CREDIT RELATES, AND ANY SUCH REFERENCE SHALL NOT BE DEEMED TO INCORPORATE HEREIN BY REFERENCE ANY DOCUMENT, INSTRUMENT OR AGREEMENT. FIDELITY GUARANTY AND ACCEPTANCE CORP. Box 2863, HouSTON, TEXAS 77252 -2863 16A PHONE (713) 599 -2575, FAx (713) 599 -2570 = ISSUER HEREBY ENGAGES WITH BENEFICIARY THAT DRAFT(S) DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS OF THIS CREDIT WILL BE DULY HONORED BY ISSUER IF PRESENTED WITHIN THE VALIDITY OF THIS CREDIT. THIS CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS (1993 REVISION) INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. ` 500. FIDELITY GUARANTY AND ACCEPTANCE W IAM D. GUNTRUM, CE PRESIDENT - * ** 2770309 OR: 2797 PG: 2509 * ** RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL Prepared by 03/29/2001 at 09;18AN DWIGHT B. BROCK, CLIRK Ellen T. Chadwell, Es 'Y RIC FBI 6.00 Office of the County COPIBS 1.00 3301 East Tamiani Trail Retn: Naples, Floride, 34112 ( 941) 774 --3400 CLERK TO THE BOARD 16A 6 INTEROFFICE 4TH FLOOR BIT 7240 SATISFACTION OF LIEN This is to certify that the claim of lien in the sum of One Thousand Dollars ($1000.00), arising out of the Order Imposing Fine /Lien dated February 29, 2000, on behalf of Collier County, Florida, and recorded in O.R. Book 2704, Pages 0859, et. seq., of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property located in Collier County, which is owned by William E. Murphy and Beverly M. Murphy, has been satisfied in full. INOMAH BLK A Lots 13 and 14 LESS the West 10 feet of Lot 13 Folio No. 51690280108 The undersigned is authorized to and does hereby release its lien as to the whole of the above - described real property, and all other real and personal property owned by William E. Murphy and Beverly M. Murphy, and consents to this lien being discharged of record. Dated this a?;eY, day of %h aAtA., , 2001. ��7 t ATTtST: ` °DWIGIJT E. BROCK, Clerk By: Deputy Clerk Attest as to Chairman's s 19a it. On ly. Approved as to form legal sufficie cy: OF Ellen T. Chadwell Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, F ORIDA James arter, Ph.D., Chairman COLLIER COUNTY LAND DEVELOPMENT CODE 16A8 } CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDINISION IM- PROVEMENTS entered into this a %� day of �oh C&1 � , tr between Al vJ q z hereinafter referred to as "Developer," and the Board of County Commissioners of Collier County, Florida, hereinafter referred to as the "Board." RECITALS: A. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board of a certain plat of a subdivision to be known as: t a-,-_ j e M R q B. Division 3.2 of the Collier County Land Development Code requires the Developer to post appropriate guarantees for the construction of the improvements required by said subdi- vision regulations, said guarantees to be incorporated in a bonded agreement for the construc- tion of the required improvements. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer and the Board do hereby covenant and agree as follows: 1. Developer will cause to be constructed: CW U-C within months from the date of approval said subdivision plat, said improve- ments hereinafter referred to as the required improvements. 2. Develper herewith tenders its subdivision performance security (at- tache hereto as Exhibit "A and by reference made a part hereof) in the ax t of $64tr : �,o .which amount represents 10% of the total con- _, tra cost to 'complete construction plus 10010 of the estimate cost of to co lete therrequired improvements at the date of this Agreement. 3. In the event of default bi the Developer or failure of the Developer to complete such improvements within the time required by the Land De- velopment Code, Collier County, may call upon the subdivision perfor- mance security to insure satisfactory completion of the required improve - ments. 4. The required improvements shall not be considered complete until a state- ment of substantial completion by Developer's engineer along with the final project records have been furnished to be reviewed and approved by the Development Services Director for compliance with the Collier County Land Development Code. Supp. No. 1 T Q0 The Development Services Director shall, within sixty (60) days of receipt of the statement of substantial completion, either: a) notify the Developer in writing of his preliminary approval of the improvements; or b) notify the Developer in writing of his refusal to approve improvements, there- with specifying those conditions which the Developer must fulfill in order to obtain the Director's approval of the improvements. However, in no LDCA:10 4P APPENDIX A— STANDARD LEGAL DOCUMENTS 16A8 event shall the Development Services Director refuse preliminary ap- proval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. 6. The Developer shall maintain all required improvements for a minimum period of one year after preliminary approval by the Development Ser- vices Director. After the one year maintenance period by the Developer has terminated, the Developer shall petition the Development Services Director to inspect the required improvements. The Development Ser- vices Director or his designee shall inspect the improvements and, if found to be still in compliance with the Collier County Land Development Code as reflected by final approval by the Board, the Board shall release the remaining 10% of the subdivision performance security. The Devel- oper's responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. 7. Six (6) months after the execution of this Agreement and once within every six (6) months thereafter the Developer may request the Develop- ment Services Director to reduce the dollar amount of the subdivision performance security on the basis of work complete, Each request for a reduction in the dollar amount of the subdivision performance security shall be accompanied by a statement of substantial completion by the Developer's engineer together with the project records necessary for re- view by the Development Services Director. The Development Services Director may grant the request for a reduction in the amount of the subdivision performance security for the improvements completed as of the date of the request. 8. In the event the Developer shall fail or neglect to fulfill its obligations under this Agreement, upon certification of such failure, the County Ad- ministrator may call upon the subdivision performance security to secure satisfactory completion, repair and maintenance of the required improve- ments. The Board shall have the right to construct and maintain, or cause to be constructed or maintained, pursuant to public advertisement and receipt and acceptance, of bids, the improvements required herein. The Developer, as principal under the subdivision performance security, shall be liable to pay and to indemnify the Board, upon completion of such construction, the final total cost to the Board thereof, including, but not limited to, engineering, legal and contingent costs, together with any damages, either direct or consequential, which the Board may sustain on account of the failure of the Developer to fulfill all of the provisions of this Agreement. 9. All of the terms, covenants and conditions herein contained are an shall be binding upon the Developer and the respective successors and assigns of the Developer. IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this 17 _ day of , WAOI Supp. No. 1 LDCA:11 COLLIER COUN'T'Y LAND DEVELOPMENT CODE SIGNED, SEALED AND DELIVERED IN THE PRESENCE F: Printed or Typed Name IM0161 [Developer Name) By. Printed or Typed Name Title a�Frino� .Typed Name BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA 9 BIZOCK, CLERK •+ e E T `F By. Chairman `I Q) ) �r Dep ! S 3 -2 -oi Ybved to f and a AWency: County Attorney U LDCA:12 Supp. No. 1 16A9 DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFICE AS OF MAY 6, 2003 16A14 DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFICE AS OF MAY 6, 2003 16A15 This instrument prepared by: FOR CLMK �fflj`t OR 2796 PG 2001 Patrick G. White b Office of the County Attorney RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 3301 East Tamiami Trail 02/27/2001 at 11:16AR DWIGHT E. BR'�)CK, CLERK Naples, Florida 34112 % FEE 6.00 �O °lEa 1.G0 (941) 774 -8400 Re n: CLERK TO THE BOARD Property Folio No. 36000800009 INBROFF.CH- 4TH FLOOR EY.T 11240 RELEASE OF PURPORTED LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain purported Lien arising by Resolution No. 98 -308 against: Jeffery L. & Lisa M Crawford 4516 28th Pl. SW Naples, FL 34116 The purported lien was recorded on October 02, 1998 Official Record Book 2466, Page 2948, in the Official Records Office of the Clerk of the Circuit Court of Collier County, State of Florida. The lien purportedly secured the principal sum of One Hundred Seventy -Five dollars (175.00), plus accrued interest and penalties, if any, and purportedly imposed certain obligations against real property situated in Collier County, Florida, which property is described as follows: Lot 12, Block 101, GOLDEN GATE CITY, Unit 3, According to the plat thereof as recorded in Plat Book 5, Pages 97 to 105, Public Records of Collier County. REFERENCE: #70617 -011 Collier County, a political subdivision of the State of Florida, by execution of this Release of Purported Lien, acknowledges and hereby cancels any said Lien which may have been created by recording said resolution. Because ownership of the above referenced real property was conveyed to a new and different owner of record prior to recording said resolution, the purported lien never attached to the property. The Clerk of the Circuit Court is hereby directed to record this Release of Purported Lien in the Official Records of Collier County, Florida, to acknowledge that legally the lien never came into being and does not now exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of the Release of Purported Lien, by action of the Board this 917,-4bL day of ` 0-AA-A.,, , 2001. ATTEST: DWIGHT E'BROCK, Clerk 0 . Deputy Clerk Attest at "to, Chzir"ti si9natum only. T oved asl tb form: / Patrick G. White, Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Z Jam %06. Carter, Ph.D, C airman 6B2 PROJECT: Fountains /Riviera Golf Estates PARCEL: Fountains Unit 5 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement ") is made and entered into by and between THE FOUNTAINS UNIT NO. 5 CONDOMINIUM ASSOCIATION, INC., a Florida Corporation not for profit, (hereinafter referred to as "Owner "), whose mailing address is 4490 Chantelle Drive, Naples, FL 34112, and COLLIER COUNTY, a political subdivision of the State of Florida, (hereinafter referred to as "County "), whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112. WITNESSETH: WHEREAS, County has requested that Owner grant to the County an Access and Maintenance Easement for the right to enter upon said land, excavate, and place or remove materials for the purpose of accessing, constructing, operating and maintaining the existing adjacent drainage and utility facilities. The Access and Maintenance Easement shall be over, under, upon and across the lands described in Exhibit "A" (said Access and Maintenance Easement hereinafter referred to as the "Property "), which is attached hereto and made a part of this Agreement; WHEREAS, Owner desires to grant the Property to County for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Owner recognizes the benefit to Owner and desires to grant the Property to the County for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Property requested by County; and NOW, THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. Owner shall grant the Property via an Easement to County at no cost to the County, unless otherwise stated herein. 2. Owner is aware and understands that this Agreement is subject to the acceptance and approval by the Board of County Commissioners of Collier County, Florida. 3. The Closing ( "Closing ") of the transaction shall be held on or before ninety (90) days following execution of this Agreement by the County, unless extended by mutual written agreement of the parties hereto. 4. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and /or qualifications encumbering the Property, the execution of such instruments which will remove, release or subordinate such encumbrances from the Property upon their recording in the public records of Collier County, Florida. Owner shall provide such instruments, properly executed, to County on or before the date of Closing. 5. The County shall pay for all costs of recording the granting instrument in transaction in the Public Records of Collier County, Florida. Any and all other costs shall be paid by Owner. 6. Owner represents that the Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local environmental laws; that no i 16 82 , hazardous substances have been generated, stored, treated or transferred on the Property except as specifically disclosed to the County; that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property to be conveyed to the County, that the Owner has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 7. Owner shall indemnify, defend, save and hold harmless the County against and from, and to reimburse the County with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the County by reason or arising out of the breach of Owner's representation under Section 6. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 8. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and /or assignees, whenever the context so requires or admits. 9. To the greatest extent allowed by law, Grantee shall indemnify, save harmless and defend Grantor from and against all losses, claims, demands, payments, suits, actions, recoveries and judgments of every nature and description brought or recoverable against Grantor by reason of any act or omission of Grantee, its agents, consultants, employees or contractors in the execution of any work performed pursuant to this easement, and agrees to assume any related costs. 10. Granting of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and the written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 11. This Agreement is governed and construed in accordance with the laws of the State of Florida IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. DATE ACQUISITION APPROVED BY BCC: g a o/ AS TO CO IATY: ;4 DATED:.-,4` D ATTEST: DWIGHT E..•BROCK, Clerk ,FA4'vAICAW Deputy Clerk Attest as to Chairman's Signature Only. 2 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLOR BY: James arter, Ph.D, Chairman Wei 1 .1 AS TO OWNER: WITNESSES: First Witness (Signature) The Fountains Unit No. 5 Condominium Name: N �� e��S� Association, Inc., a Florida Corporation (Print or Type) not for profit / �y gy• ��c.c_ J � Second Witness (Signature) Name/Title Name: Df-v. � Rr-' ►1. Name: /_A.�R�= ���.�= T ��- ���{r✓ (Print or Type) (Print or type) Approved as to form and legal sufficiency: Robert Zach Assistant County Attorney 3682 PUBLIC *`ORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL (941) 774 -8192 ExHisrTft. NAPLES, FLORIDA 34112 PROJECT NO...... PARCEL NO...... LEGAL DESCRIPTION (NOT A SURVEY) FOLIO NO .............................. THE FOUNTAINS UNIT 5 THE WEST 30 FEET OF THE EAST 60 FEET OF THE NORTH 695.84 FEET OF THE SOUTH 1325.74 FEET ")F TRACT "K" OF THE PLAT THEREOF, RIVIERA COLONY GOLF ESTATES,TRACT MAP AS RECORDED IN PLAT BOOK 10, PAGES 104 -108 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND; THE NORTH 15 FEET OF THE SOUTH 35 FEET, OF TRACT "K" LYING IN SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST, OF THE PLAT THEREOF, RIVIERA COLONY GOLF ESTATES TRACT MAP AS RECORDED IN PLAT BOOK 10, PAGES 104 -108 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PREPARED BY�;� /���� j . ...... ................... ................ORGE R. RICHMOND PROFESSIONAL LAND SURVEYOR -FL. REG. # 2406 PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 --` SHEET 1 OF 1 PROJECT: FOUNTAINS /RIVIERA GOLF ESTATES PARCEL: FOUNTAINS UNIT 5 1682 EASEMENT THIS - EASEMENT, made and entered into this day of v I� Q 2001, by THE FOUNTAINS UNIT NO. 5 CONDOMINIUM ASSOCIATION, INC., a Florida Corporation not - for - profit, whose mailing address is 4490 Chantelle Drive, Naples, FL 34112 as Grantor to COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112, its successors and assigns, as Grantee. (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors and assigns.) WITNESSETH: Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a perpetual, non - exclusive, license, and privilege for access and maintenance purposes, on the following described lands located in Collier County, Florida, to wit: See attached Exhibit "A" which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. THIS IS NOT HOMESTEAD PROPERTY TO HAVE AND TO HOLD the same unto the Grantee, together with the right to enter upon said land, place, excavate, and take materials for the purpose of accessing, constructing, operating and maintaining the existing adjacent drainage and utility facilities. Grantor and Grantee are used for singular or plural, as the context requires. The easement granted herein shall constitute easements running with the land and shall burden the lands described above. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. IN THE PRESENCE OF: THE FOUNTAINS UNIT NO. 5 CONDOMINIUM ASSOCIATION, INC., a ;Florida Corporation not ffrr .profit Ci�resdent or Vice Pr 11 FIRST WITN ESS4Sig nature) Imo! V . S i w- (Print Name) SECS NCB WIGS �(Signate) IJ (Print Name) STATE OF FLORIDA COUNTY OF COLLIER 1682 The foregoing Easement was acknowledged be ore me this ---day of 2001, by 2A� +&) (Name/Title), on behalf of The Fountains"Unit No. 5 Condominium Association, Inc., a Florida Corporation not for profit, and ho i to Mdentr�ification r has produced pe ff o identification. (Affix notarial seal) rl-4 (Signature of Nota ) C/ Prepared by � F-sgclre cif tG: C �.�ti�A�Yy'� ttorney Florida (Print Name of Notary) Commission # My Commission Expires: �,,,y� ,••,, NOEL BFANSTEIN MY COMMISSION # CC 907216 s� EXPIRES: June 2, 2004 BMW nfu Nary PUhNG UiWowAw� C/ Prepared by � F-sgclre cif tG: C �.�ti�A�Yy'� ttorney Florida (Print Name of Notary) Commission # My Commission Expires: 1682 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL (941) 774 -8192 EXHIBIT�, P+p_L_. of NAPLES, FLORIDA 34112 PROJECT NO ......................... PARCEL NO...... LEGAL DESCRIPTION (NOT A SURVEY) FOLIO NO .............................. THE FOUNTAINS UNIT 5 THE WEST 30 FEET OF THE EAST 60 FEET OF THE NORTH 695.84 FEET OF THE SOUTH 1325.74 FEET ')F TRACT "K" OF THE PLAT THEREOF, RIVIERA COLONY GOLF ESTATES,TRACT MAP AS RECORDED IN PLAT BOOK 10, PAGES 104 -108 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND; THE NORTH 15 FEET OF THE SOUTH 35 FEET, OF TRACT "K" LYING IN SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST, OF THE PLAT THEREOF, RIVIERA COLONY GOLF ESTATES TRACT MAP AS RECORDED IN PLAT BOOK 10, PAGES 104 -108 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PREPARED BY. .r/.r... DATES /?G .x�'f. . GEORGE R. RICHMOND PROFESSIONAL LAND SURVEYOR -FL. REG. # 2406 PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112{ --` SHEET 1 OF 1 PROJECT: Fountains /Riviera Golf Estates 1682 PARCEL: Fountains Unit 3 DONATION AGREEMENT THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement ") is made and entered into by and between, THE FOUNTAINS UNIT III, INC., a Florida Corporation not - for - profit, a /k/a THE FOUNTAINS UNIT NO. 3, INC. (hereinafter referred to as "Owner "), whose mailing address is and COLLIER 17 COUNTY, a political subdivision of the State of Florida, (hereinafter referred to as "County "), whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112. n WITNESSETH: WHEREAS, County has requested that Owner convey to the County an Access and Maintenance Easement for the right to enter upon said land, excavate, and place or remove materials for the purpose of accessing, constructing, operating and maintaining the existing adjacent drainage and utility facilities. The Access and Maintenance Easement shall be over, under, upon and across the lands described in Exhibit "A" (said Access and Maintenance Easement hereinafter referred to as the "Property "), which is attached hereto and made a part of this Agreement; WHEREAS, Owner desires to convey the Property to County for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Property to the County for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Property requested by County; and NOW, THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. Owner shall convey the Property via an Easement to County at no cost to the County, unless otherwise stated herein. 2. Owner is aware and understands that this Agreement is subject to the acceptance and approval by the Board of County Commissioners of Collier County, Florida. 3. The Closing ( "Closing ") of the transaction shall be held on or before ninety (90) days following execution of this Agreement by the County, unless extended by mutual written agreement of the parties hereto. 4. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and /or qualifications encumbering the Property, the execution of such instruments which will remove, release or subordinate such encumbrances from the Property upon their recording in the public records of Collier County, Florida. Owner shall provide such instruments, properly executed, to County on or before the date of Closing. 5. The County shall pay for all costs of recording the conveyance instrument in transaction in the Public Records of Collier County, Florida. Any and all other costs shall be paid by Owner. 6. Owner represents that the Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local environmental laws; that no 1 1662 hazardous substances have been generated, stored, treated or transferred on the Property except as specifically disclosed to the County; that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property to be conveyed to the County, that the Owner has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 7. Owner shall indemnify, defend, save and hold harmless the County against and from, and to reimburse the County with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the County by reason or arising out of the breach of Owner's representation under Section 6. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 8. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and /or assignees, whenever the context so requires or admits. 9. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and the written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 10. This Agreement is governed and construed in accordance with the laws of the State of Florida IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. DATE ACQUISITION APPROVED BY BCC: nt 7 0 AS TO COUNTY: DATED:-,3 /G. 4 _ ATTEST: 1' BOARD OF COUNTY COM SSIONERS DWIGHT E. BROCK, Clerk COLLIER CO Y, FLO ` BY: 6�44o F-4' e, A" ,Deputy Clerk James . Carter, Ph.D, Chairman Attest as to Chairaan's signature only, E AS TO OWNERS: WITNE i a Fir t itness (Signature) Name: 1Kd erx+ Y- nn (j? e 5 (Print or Type) Second Witness (Ognature) Name: ��QVARy %T S LKA ZL2Z ✓ (Print or Type) Approved as to form and legal sufficiency: Robert Z chary Assistant County Attorney 1662 The Fountains Unit III, Inc., a Florida Corporation not - for - profit, a /k/a The Fountains Unit By. Namtoitle Name: C�yG��11 �. fOfc��LL (Print or type) PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL (941) 774 -8192 EXHIBIT Page---L— of,,,, i NAPLES, FLORIDA 34112 LEGAL DESCRIPTION (NOT A SURVEY) THE FOUNTAINS UNIT 3 PROJECT NO ......................... PARCEL NO...... FOLIO NO .............................. 1682 THE WEST 45 FEET OF THE EAST 75 FEET OF THE SOUTH 270 FEET OF TRACT "K" OF THE PLAT THEREOF, RIVIERA COLONY GOLF ESTATES TRACT MAP AS RECORDED IN PLAT BOOK 10, PAGES 104 -108 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PREPARED BY.... ....'f+/.....l DATE. d!. l 'i. C. 60RGE R. RICHMOND PROFESSIONAL LAND SURVEYOR -FL. REG. # 2406 PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 SHEET 1 OF 1 1662 PROJECT: FOUNTAINS /RIVIERA GOLF ESTATES PARCEL: FOUNTAINS UNIT 3 a 16�� EASEMENT THIS EASEMENT, made and entered into this �Z/ day of J0_ 4/" 2000, by THE FOUNTAINS UNIT III, INC., a Florida Corporation not - for - profit, a /k/a THE FOUNTAINS UNIT NO. 3, INC. whose address is • , as "Grantor" to COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112, its successors and assigns, as Grantee. (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors and assigns.) WITNESSETH: Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a perpetual, non - exclusive, license, and privilege for access and maintenance purposes, on the following described lands located in Collier County, Florida, to wit: See attached Exhibit "A" which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. THIS IS NOT HOMESTEAD PROPERTY TO HAVE AND TO HOLD the same unto the Grantee, together with the right to enter upon said land, place, excavate, and take materials for the purpose of accessing, constructing, operating and maintaining the existing adjacent drainage and utility facilities. Grantor and Grantee are used for singular or plural, as the context requires. The easement granted herein shall constitute easements running with the land and shall burden the lands described above. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. IN THE PRESENCE OF: THE FOUNTAINS UNIT III, INC., a Florida Corporation not - for - profit, a /k/a THE FOUNTAINS UNIT NO. 3, INC. le y V Pr ident or Vice President FIRIST WITNESS Signat re) IS I, o � L d- y 1'1 es (Print Name) ., A,�Wot4 c:\ SECOND WITNES (Signature) gdda a �F (Print Name) 1682 ' , STATE OF FLORIDA COUNTY OF COLLIER The foregoing Easement was acknowledged before me this -2-i5'- day of 2000, by �''a e v\ L• ('� �,�e i (Name/Title), on behalf of The Fountains Unit -K -!pr—; a Florida -CDrporation not-for-profit, a /k/a The Fountains Unit No. 3, Inc., andGach_o is personally known to m r has produced [type of Identification] as identification. (Affix notarial seal) I j - {` ---- (Signature of Notary) vP Ernest W. Kerskie 1�`�,Cm ion # CC 753115 (Print Name of Notary) * Ex o �hiRUUOZ Commission # V(:- 15 3 I I S �OF W ATLANTIC BONDWg ro My Commission Expires: _ 21— ZcJC, Prepared by: Robert N. Zachary, Esquire Office of the County Attorney 3341 East Tamiami Trail Naples, Florida 34112 (941) 774 -8400 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL (941) 774 -8192 EXHIBIT A Page —L— of l NAPLES, FLORIDA 34112 PROJECT NO ......................... PARCEL NO...... FOLIO NO .............................. LEGAL DESCRIPTION (NOT A SURVEY) 16B2, THE FOUNTAINS UNIT 3 THE WEST 45 FEET OF THE EAST 75 FEET OF THE SOUTH 270 FEET OF TRACT "K" OF THE PLAT THEREOF, RIVIERA COLONY GOLF ESTATES TRACT MAP AS RECORDED IN PLAT BOOK 10, PAGES 104 -108 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PREPARED BY ..... .....::.✓.......lRICH .... . ...........DATE.:r�ul..r`x. LBEORGE R. M OND PROFESSIONAL LAND SURVEYOR -FL. REG. # 2406 PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 SHEET 1 OF 1 16C1 DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFICE AS OF MAY 6, 2003 PROJECT: Imperial Service Connections Reclaimed Water Mains PARCEL: Imperial Golf Club, Inc. UTILITY EASEMENT 16C3 THIS EASEMENT, made and entered into this 13 day of OcroaER. , 2000, by IMPERIAL GOLF CLUB, INC., a Florida corporation, whose address is 1808 Imperial Golf Course Boulevard, Naples, Florida 34110, as Grantor and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT, 3301 East Tamiami Trail, Naples, Florida 34112, its successors and assigns, as Grantee. (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors or assigns.) WITNESSETH: Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, its successors and assigns, a non- exclusive easement, license, and privilege for utility and maintenance purposes, on the following described lands located in Collier County, Florida, to wit: See attached Exhibit "A" which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. THIS IS NOT HOMESTEAD PROPERTY TO HAVE AND TO HOLD the same unto the Grantee together with the right to enter upon said land, excavate, and place or remove materials including, but not limited to, pipes, service and pump stations, and other equipment or improvements appurtenant thereto or thereunder for the purpose of constructing, operating, and maintaining utility facilities thereon. Grantor and Grantee are used for singular or plural, as the context requires. The easement granted herein shall constitute easements running with the land and shall burden the lands described above. By acceptance of this Utility Easement, Grantee acknowledges that this easement is given subject to the Grantee's continued observance of all conditions set forth in the Agreement between Grantor and Grantee dated March 28, 1985 as recorded in Collier County Minute Book 86, Page 354. This Utility Easement shall automatically terminate upon expiration or earlier termination of the March 28, 1985 Agreement. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. IN THE PRESENCE OF: IMPERIAL GOLF CLUB, INC a Florida Qorvoration ,, 0 FIRST WITN S (Signature) �Ae¢ y Nto E. (Print Name) Afoe .-ni SECOND WITNESS (Signature) lKA4Tk! M MATI'ssod (Print Name) or Vice President STATE OF FLORIDA COUNTY OF COLLIER 16C3 The foregoing Utility Easement was acknowledgeo before me this 1-4 day of Z�la,b - , 2000, by�r eAw 6.1A1- -rov}r ANr14v74(Name/Title), on behalf of Imperial Golf Club, Inc., a Floridff corporation, and who is personally known to me orim WDdused [t)(Tp-e of idenUficatien] asidemWieafien. (Affix notarial seal) Signature of-No-taryT " " "'••. Deborah K. Lohan - � E iO�y - • zz"Ww ✓ •';Commission # CC 904725 (Print Name of Notary) Expires Much s, 2004 Commission # -7—" 9Dl� %T.5 Bonded Thru �''•••,,,,•`, Atlantic Bonding Co., Inc. My Commission Expires: 3 Approv d as to for & le;al sufficiency Assistant County Attolviey ���Gu EXHIBIT A Page_(_ of DESCRIPTION OF THE CENTERLINE LYING IN SECTION 14, TOWNSHIP COLLIER COUNTY, FLORIDA: 16C3 OF A 15 -FOOT STRIP OF LAND 48 SOUTH, RANGE 25 EAST, COMMENCING AT THE SOUTHEAST CORNER OF LOT 24, IMPERIAL GOLF ESTATES PHASE 1, A SUBDIVISION IN SAID SECTION 14 AND RECORDED IN PLAT BOOK 12, PAGES 62 -65, PUBLIC RECORDS, RUN SOUTH 21'07'08" EAST 72.64 FEET ALONG A LINE THAT IS A SOUTHERLY EXTEN11ON OF THE EAST LINE OF SAID LOT 24 TO THE POINT OF BEGINNING OF SAID CENTERLINE; THENCE SOU_ TH 84' 56'53" EAST 104.35 FEET TO A POINT OF CURVATURE; THENCE 69.31 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 177.50 FEET, A CHORD WHOSE LENGTH IS 68.87 FEET AND BEARS NORTH 83'51'58" EAST TO A POINT OF TANGENCY; THENCE NORTH 72'40'49" EAST 46.76 FEET; THENCE NORTH 65'31'43" EAST 76.47 FEET TO A POINT OF CURVATURE; THENCE 162.70 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 356.50 FEET, A CHORD WHOSE LENGTH IS 161.29 FEET AND BEARS NORTH 78'36'12" EAST TO A POINT OF TANGENCY; THENCE SOUTH 87'53'46" EAST 105.00 FEET; THENCE NORTH 88'16'52" EAST 104.38 FEET; THENCE SOUTH 50'10'34" EAST 55.20 FEET; THENCE SOUTH 72'40'34 EAST 293.13 FEET TO A POINT OF TERMINATION. BEARING BASED ON THE PLAT OF, IMPERIAL GOLF ESTATES PHASE 1. SEE SHEETS 2 AND 3 FOR SKETCH OF DESCRIPTION THIS IS NOT A SURVEY! SKETCH OF DESCRIPTION FOR COLLIER COUNTY PUBLIC WORKS DEPARTMENT REVISION: CORRECTED DESCRIPTION 3/2/99 CORRECTED DESCRIPTION 11/3/00 FILE: IGEDESCEI .DWG f�� �A- DAVID J. ATT, .S.M. (FOR THE FIRM) FLA. LIC. NO. 58344 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF . A FLORIDA LICENSED SURVEYOR AND "MAPPER WILKISON & %%AASSOCIATES INC. 0 CONSULTING ENGINEERS AND SURVEYORS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643 -2404 FAX NO. (941 643 -5173 FLORIDA BUSINESS LICENSE NO. LB5770 EXHIBIT A Paw--L-of-4— POINT OF BEGINNING iI W �I 1 M �eF O Oo ^ 1 N � O -0 cm ;0;0 U) D r LOT 24 z� 1 b C E E E PS� ' 1�0�, p8 5 � i ZgOA� POINT OF COMMENCEMENT SOUTHEAST CORNER OF LOT 24 IMPERIAL GOLF ESTATES PHASE 1 A - 22'22'19" R - 177.50' A = 69.31' CH = 66.87' Z C.B. N 83. 51'58" E GOLF COURSE N• 2 �\ i W 0 - 26ro8'57" R = 356.50' A = 162.70' CH — 161.29' C.B. = N 78'36'12" E MATCHLINE SEE SHEET 3OF3 THIS IS NOT A SURVEY! SKETCH OF DESCRIPTION FOR COLLIER COUNTY PUBLIC WORKS DEPARTMENT �1 ' 0 L.-- 15 7.6 III I W I 1 48 uS ao 01 ! cn FILE: IGEDESCE2.DWG SCALE: 1" - 60' r.f:i'A ,, — DELTA R — RADIUS A — ARC LENGTH CH — CHORD C.B. — CHORD BEARING (; — CENTERLINE GOLF COURSE PARKING SEE SHEET 1 OF 3 FOR DESCRIPTION WILKISON & VW%ASSOCIATES INC. 0 CONSULTING ENGINEERS AND SURVEYORS 3506 EXCHANGE AVE. NAPLES, 41 )) 3 FLA. 34104 (9FLO X RIDA BUSINE S LICENSE NO. LB5770 1 EXHIBIT A= 26'08'57" 1 16C3 -- P of R 356.50 1l' A = 162.70 1 1 SEE SHEET CH 162.29' ICI 20F3 C.B. = N 78'36'12" E Z I I MATCHUNE SCALE: 1" - 60' I a-y" W A - DELTA = I I R - RADIUS I A - ARC LENGTH CH - CHORD gi C.B. - CHORD BEARING 0^0 `-1 I — CENTERLINE N I I 15.0' GOLF COURSE 7.5' W I. �1 co I 00 G I 1 I Z c y4p OO 'I CLUB HOUSE AREA THIS IS NOT A SURVEY! // SKETCH OF DESCRIPTION w SEE SHEET 1 OF 3 FOR COLLIER COUNTY PUBLIC FOR DESCRIPTION WORKS DEPARTMENT .a / ,N/ y! / I POINT OF TERMINATION :AS�S I K I S O ICI & LAKE OC IATE S CONSULTING ENGINEERS AND SURVEYORS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643 -2404 FAX NO. (941 643 -5173 FLORIDA BUSINESS LICENSE NO. LB5770 FILE: IGEDESCE3.DWG 16D1 DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFICE AS OF MAY 6, 2003 1602'�� MEMORANDUM Date: March 28, 2001 To: Marilyn Norris Head of Extension Services, Library From: Teri Michaels, Deputy Clerk „�a j Minutes &Records Department Re: Application for a Library Services and Technology Act Grant Enclosed please find one original agreement as referenced above, approved by the Board of County Commissioners on March 27, 2001 (Agenda Item #16D2). If you should have any questions, please feel free to contact me at 774 -8406. Thank you. Enclosure (1) Florida Department of State, Division of Library and Information Services LSTA APPLICATION Application Due: March 15, 2001 1602 LIBRARY / ORGANIZATION NAME Collier County Public Library MAILING ADDRESS 650 Central Avenue, Naples, FL 34102 PHONE # 941 - 261 -8208 SUNCOM # FAX # 941- 649 -1293 CONTACT PERSON Marilyn Norris_ E -MAIL ADDRESS mnorris@collier- lib.org FEID OR SAMAS AND EO # 59- 6000558 CONTRACTING AGENCY NAME Collier CouM Board of Commissioners TYPE (check one): X Public K -12 Academic Multitype Library Consortium Special State Library CATEGORY (check one) X Access for Persons Having Difficulty Using Libraries Library Technology Connectivity and Services PROJECT NAME Seniors On -Line PROJECT New X Continuing LSTA FUNDS REQUESTED S $60,332 PRIORITY# 1 OF 1 APPLICATIONS SUBMITTED LIBRARY SERVICE AREA POPULATION 217_,580 NUMBER OF PERSONS TO BE SERVED BY PROJECT 2.000 TARGETED USER GROUP (Check all that apply) Children Youth Adults X Older Adults Mixed p Other, specify John W. Jones Z O Typed Name and Sign ture 'bra / r nector Date James D. Carter Ph. � Typed.Name and Signatur CC C an 7 Date Appro ved as to forin & )egal su . icie ncri IMP C=K Amistant County Attorney �st as to signature only. hairman's i d a W O 0 U H W) a m U p� a O O 0 0 z 0 a a ~ O on O p •'. O .0 1� � a� 0 fg, y o o '-K 0 0 0 0 o �$... w °,a C', � *off�• oog�� a gg,.5 O O i o 'n y cc gg110 � � ppNpp O �a '4 .N N 1 D 2 H 0 W U¢�3 a � `"mod � b ch 0,� P. C4 0 o � .o a w W) o o o 0 45 w a� w w w 3 0 w• 0 .� w w w^' w 5 w w w P o Z* a :m o �k ec sn, 4t ztt O V: a 4 3 o°A ¢, o ° o ° v� �' a w o lz O 0 o 3� 'S b U o ^on '� �' •� ti .b y cg °� 0?3 ion b 3 w ° 49 E" 1 U i..i ° ° a C7 ai e 9 •^ ;� a� p O a a� a a N C. NARRATIVE 1. Introduction 162 i In September of last year, the State Library of Florida awarded the Collier County Public Library a Library Services and Technology Grant to provide Library Service to Older Adults. The Library used the $49,445 in LSTA funds to initiate a new program called Seniors On -Line, The Friends of the Library of Collier County, Inc. contributed $10,000 towards this project, and the Library allocated $15,100 in matching funds. This was the first year of a projected two -year grant. Seniors On -Line addresses the special informational needs of Collier County's large and growing population of older adults. It brings the Library and its resources to residents of assisted/independent living facilities and members of senior and community centers who find it difficult to come to the Library. It gives older adults opportunities to learn to use technology and information to enhance their lives. Each of ten partnering facilities is receiving a workstation and computer with Internet access. A series of visual and hands -on programs will explain and showcase the Internet, and explain how to access the Collier County Library and other information on the World Wide Web. Seniors On -Line is off to a great start. The Library has hired Ronney Cox as the project coordinator for this grant. She has established an office for Seniors On -Line with its own phone number and email address, and has had business cards and LSTA labels printed. She is nurturing partnerships with local community centers, senior centers, and assisted/independent living facilities; and she has coordinated the purchase of services for Seniors On -Line, and the distribution and assembly of materials and equipment. Cox has formed a Project Advisory Board and they have already had their first meeting. She has researched the methodology and materials for creating a curriculum to provide computer training to older adults. She has created her own student workbooks, bibliographies and guides; and has developed lesson plans that will hold the interest of seniors with various levels of mental and physical abilities. This project has received excellent coverage in the media, both TV and newspaper. As a result, over 200 callers interested in participating have contacted the Library. A Seniors On -Line newsletter has been created and mailed to these callers and to the partnering facilities. While providing computer training and access to those in residential facilities and community centers is our main goal, we join with the partnering residential facilities in welcoming participants and visitors from'outside. However, most facilities are not physically equipped to handle such a large number of visitors, as we had respond. Cox chose the Golden Gate Community Center, the Buena Vida Retirement Home, Veterans Community Park, and the Collier County Public Library as sites to present introductory computer classes to these interested seniors. Classes were presented in February and March, and the positive response to these basic classes reinforced our view that there is a tremendous need to provide computer and Internet access to older adults. Goodlette Arms, Buena Vida Retirement Home, and Windsor Place received their workstations in January and computer workshops and training began in February. The following three partnering facilities, Arbor Trace, Bentley Care Center, and Brighton Gardens received their workstations in March. The final four installations at Roberts Center, Harborside Healthcare, Homewood Residence, and Golden Gate Community Center will take place in April. Computer classes and Internet training will continue throughout the summer. Difficulties in communicating with Sprint, and in securing final contracts and installation dates with them, slowed our progress during the first six months of the grant. Experience has been a great teacher, and we are now more adept at obtaining these contractual services. In the second year of the grant, we intend to install ten additional computer workstations. The majority of these will be placed with new partnering facilities; but we also intend to evaluate usage at the current sites, and place additional workstations where there is evidence of need. We will continue our three- tiered approach to computer/Internet training at these facilities, providing general introductions, small workshops, and one -on -one tutoring. 16D2 We have formally requested a $10,000 budget allocation in FY2002 from the Friends Of The Library of Collier County, Inc. to provide matching funds for the second year of the Seniors On -Line grant. This request has been approved. We have included a Letter of Partnership Commitment with the grant application. We appreciate the support the Friends provide for innovative Library projects like Seniors On -Line. Seniors On -Line will provide these older adults ongoing access to the information highway. Email, electronic greeting cards, stock reports, shopping, health information, and Library services will be at the fingertips of all seniors who are able to use these computers. You may reach Seniors On -Line at 941 - 455 -7656 and through email at seniors@collier-lib.org The Friends of the Library of Collier County started the first public library in the County in 1957 in partnership with the Woman's Club. A private philanthropist deeded an entire square block on Central Avenue in Naples, Florida for the exclusive use as a public library. The Friends led the fundraising and built the first public library building in Collier County. In 1992 the County renovated and expanded the current Headquarters Library to over 34,000 square feet. The Library now functions as a Department within the Public Services Division under the governance of the Board of County Commissioners of Collier County. A five member Library Advisory Board is appointed by the Commissioners to establish Library Policy and recommend courses of action concerning the future development of the Library system. Since 1957 the Library has grown in size to include seven branches in addition to the Headquarters Library. These branches are located in Immokalee, Everglades City, East Naples, Golden Gate, Golden Gate Estates, and North Naples. This year (2001) the County has begun construction of a new, 40,000 square foot Headquarters Library, centrally located in the unincorporated area of Collier County. The Friends continue to be a valuable partner for all Collier County Libraries. From its inception, the Collier County Public Library has been built on partnerships. While the number of community partnerships has grown and continues to change from year to year, what have remained constant are the Library's responsiveness to the needs of the community and the commitment to service of our active and dedicated local community groups. The Collier County Public Library System serves one of the largest counties east of the Mississippi River, a county that is larger than the states of Rhode Island and Delaware. Collier is bounded by the Gulf of Mexico on the west and Lee, Hendry, Broward, Dade and Monroe counties on the north, east and south. The County includes the incorporated cities of Naples, Marco Island and Everglades City, and the unincorporated areas of Immokalee, Golden Gate, Golden Gate Estates, East Naples and North Naples. Collier County continues to experience incredible population growth, increasing to approximately 210,000 today from a mere 38,000 in 1970. Collier County is listed yearly in the top ten growth areas of the nation and Florida. Projections show a population of 315,900 by the year 2015. Currently, Collier County Public Library has over 155,000 registered library patrons. Approximately 70% of the population have library cards. Of those with cards, 60% generally use their cards monthly. The Library system circulated over 2,000,000 items in FY 00. Some Collier communities use their neighborhood library branch more than others do. The more heavily used libraries are located on the coast and near the population centers of the County. Vanderbilt Beach Branch, Headquarters Library and the Marco Island Branch comprise the majority of Library circulation and Library visits. 4 Much of the growth in the County is attributed to the area's desirability as a retirement center. Over 55,000 residents, 25% of the population, are age 65 or older; over 75,000 are age 55 or older. The coast attracts the affluent and retirement populations. Population densities are heaviest along the Gulf shore from Marco in the south to the Lee County line in the north. A large belt of grassland and agricultural acreage extends across the northern end of the county. This rural ranch and truck farm area, including Immokalee, encompasses one of the largest winter vegetable growing and marketing sections in the country. Nearly 70% of Collier County jobs are in the lower paying fields of agriculture, retail trade and the service industries. Government jobs, finance and investment related businesses, manufacturing, wholesale trade and construction comprise the remaining 30% of the job market. While Collier County has become Florida's "richest" county, in terms of annual adjusted gross income, the average wage earner, however, earns only about $22,000 a year. As with population the banking and investment activities are centered along the coast. The higher educational levels are seen in the coastal retirement and professional communities. 79% of Collier County's population are High School graduates or higher. 22.3% are college graduates or higher. The statistics above paint a picture of contrasting populations in Collier County. On one side we see an affluent and well - educated population along the coast. In contrast, areas away from the coast like Immokalee, Golden Gate Estates and Everglades City have significantly high poverty rates. In response, the Library's roles and services vary from area to area. As stated in its Long -Range Plan, the Collier County Public Library sees itself as: • Community Information Center 16D2 • Preschoolers Door to Learning i • General Reference Library • Popular Material Library • Formal Education Support Center • Independent Learning Center • Research Center Besides these traditional roles, the Library has also adopted the following local roles: • Access to Modern Multi -media • Sponsor of Educational, Informational and Cultural Programs & Activities These roles support the Mission Statement that The Collier County Public Library will systematically collect, organize and disseminate in a timely and cost effective manner, a select collection of print and non print materials, and services for the informational, educational, recreational and cultural needs of the residents of Collier County. The Library offers fiction and non - fiction books, Best Sellers and Books on Tape; feature film and educational videos, music CD's and CD- ROM's; as well as Literacy, Foreign Language, Large Print, Florida and Genealogy collections to the Collier County Community. The Headquarters' Reference collection is the largest in the Library system. It contains encyclopedias, business directories, investment and medical information. The Library's Web site delivers Ebsco, Electric Library, First Search, GaleNet, Tax Forms, NoveList, Phone Directories and Encyclopedias to anyone who can access our site on -line. The Library's site, www.collier- lib.org, also allows customers with our Library card to reserve a book and check their record, in addition to accessing the catalog. The Library provides introductory classes about the Internet and regular classes on using our automated catalog. Both reference staff and trained computer professionals teach classes. The Library has Internet workstations available to the public at every location in the system. The public computers are filtered using WebSense, a selection tool allowing the Library to best respond to community needs and standards. Web sites are reviewed by categories, and customers and staff have the opportunity to request sites be added or reconsidered. The Library and the Friends of the Library offer a wide variety of adult and children's programs as well. Story times for toddlers and preschoolers, summer reading programs for elementary school age children, and programs for young adults are offered at every library location. Collier County Public Library and its Friends sponsor a yearly Festival of the Humanities, presenting a wide array of programs covering literature, music, art, history and travel. Monthly book discussions are offered throughout the Library system, as well as a variety of special programs, from fiction writing to how to write a business plan. 16D2 Through Outreach Services, the Library provides materials to the homebound and those in nursing homes, jails, hospitals and migrant camps. Mail -A -Book, a postage free service to patrons of any age is available to those who are physically unable to come to the Library. In FY 2000 Outreach Services presented over 70 programs for residents of independent and assisted living facilities. The vast majority of these programs were presented in 20 residential facilities and included Holiday specials, book discussion groups, painting and storytelling programs. Attendance figures for these programs were close to 2000. A number of these facilities also receive Large Print and Paperback donations from the Library. In FY 2000 the Library added two new services for the public. A community information and referral program was established in Immokalee. The Immokalee Library provides a one -stop resource for information on Collier Government, the Collier County Sheriff Department, the Clerk of Courts and Collier County Public Schools. Using an IRIS program, the Library is building a database for Immokalee residents, which will eventually be expanded to serve all the residents of Collier County. The Library received much support in the start -up of this project from FLAIRS, and especially from the West Palm Beach Library staff. A bilingual outreach specialist coordinates this program, and we are actively forming partnerships with agencies and organizations serving the Immokalee community. The second new service added in FY 2000 was a pilot Literacy Program based at the Marco Island Branch Library. This program was built on the initial volunteer efforts of the Friends of the Library of Collier County, Marco Island Chapter and has been incorporated as a Collier County Library Program. The Library hired a Literacy Coordinator who works with volunteer tutors in the areas of adult, family and workplace literacy teaching students to read, write and speak English. This 2 -year position was made possible through a generous donation from a local literacy supporter. After the program's first two years, it is scheduled to expand to other branches in the system and both the position and program will be incorporated into the Library's regular budget in FY 2002. The Library recognizes the growing importance of technology in providing electronic access to worldwide sources of information for Library users. The Library staff has greatly benefited from the training opportunities provided through SWFLN and www.learnatgateway.com. As use of technology will assist the Library in fulfilling its mission statement, the Library has developed a Long -Range Technology Plan, which it has integrated with its traditional Long -Range Plan. This Technology Plan enhances the ability of the Library to provide services for the informational, educational, recreational and cultural needs of the residents of Collier County in a timely and cost - effective manner. The Technology Plan also enables staff to systematically plan for the effective use of information technologies currently available and those yet to be developed. The Library goals for the Long -Range Technology Plan include: • Provide education for staff f'and the public in using electronic resources. • Optimize Library's use of automation software. • Expand patron and staff access to and knowledge of information resources beyond Collier County Public Library. 6 Related to these goals, the time -line and action plan for FY01 and FY02 include the following activities: • Add public access terminals to facilities other than formal branch libraries; i.e., Briggs Resource Center, Farm Workers Village (Immokalee), and other sites as deemed appropriate. • Add electronic records for holdings of Law Library and Agricultural Extension Services Library to CCPL database, as time permits. • Provide weekly public orientations at Headquarters Library. These include an introduction to electronic resources in the Reference Department. • Provide at least two World Wide Web classes for the public at each Branch Library annually. • Update Library Web Page. • Implement and support the LSTA Grant for Seniors On -Line. 1602 I All of the Collier County Public Library's services, goals and plans depend on its resources; and these resources are taxed in the extreme. Recent Florida Library statistics have shown that Collier County Public Library has the lowest Expenditure Per Capita of similar sized Library systems in the area. While Collier County has one of the lowest Books Per Capita measurement (1.4) for a population of its size in Florida, it also has the largest Circulation Per Capita (8.13) of any similar system in the state. This data indicates a very high level of reading skills and needs found within the Collier County general population. Since 1994 the Collier County Public Library has experienced tremendous growth. The Collier County Public Library ranks in the bottom 10% in the State of Florida when it comes to Library Square Feet Per Capita (.33). Circulation per year has increased by 500,000 items and citizen usage by 60 %. It is obvious that our citizens are highly educated and bring with them high expectations of library service and a life long history of library usage. More assets will be needed if the Library is expected to fully meet the expectations of the citizens. Collier County has the "perfect" Library population. This system's growth and accessibility will only be limited by the resources invested in it. 1; J 7 2. Need 16D2 An eMarketer study puts the number of older Americans (aged 55 and over) who use the Internet at 9.1 million in 2000, accounting for 22% of all adults online. This is up from 6.6 million in 1999. The study projects that 17.3 million older Americans will be online in 2003. According to Jupiter Communications, these older Americans spend 8.3 hours online, compared with 7.8 for college students, and 5.9 for teens. Commercially, E1derVision.Net, is a company that has designed a computer and virtual community for senior citizens. This e- services company for the senior living market provides a service designed to bring voice - activated email, agent- assisted online shopping, and Internet access to residents of retirement communities. The portable Touchtown console operates via wireless network. Users access Touchtown's online services and capabilities by touching the screen or talking into a microphone. Eldervision is also developing customized services that can remind users to take prescribed medicine, order refills or mark important dates. Jeffery Pepper, founder and CEO of E1derVision has said, the Internet "has been designed and built by young men for other young men. The rest of us, especially seniors, have had to adapt or be left behind." It is the purpose of Seniors On -Line to help older adults adapt. There are 26 retirement and life care communities in Collier County. Housing between three to four thousand residents, the level of care ranges from independent living to full time skilled nursing care. The average age in the retirement communities is 85. During these elderly years, many don't seem to get around as much as they once did. They sometimes fall asleep during the day, they have aches and pains, and they may only be able to walk short distances. Many must use a wheelchair or walker. Others struggle with low vision or poor hearing. Still others are experience memory problems. These older adults are content to have their meals prepared for them and participate in activities held right on the property where they live. In this way, they stay active and enjoy a more stimulating life than many older adults. The large number of older adults who participate in programs offered in the retirement communities demonstrates that older adults like to be stimulated. They like to learn new things. The retirement communities in Collier County provide a network for the Library to serve senior citizens, and more specifically, those senior citizens who would not be served if the Library did not come to them. In the Seniors On -Line Grant Application for the year 2000, Moorings Park, one of Collier County's largest senior communities, served as an example of how computer use among elderly individuals is growing, thriving, and enhancing lives in a variety of ways. In a recent interview, the Activity Director at Moorings Park revealed that more and more residents who are in their eighties are using computers. They are finding information on the World Wide Web. They are sending and receiving e-mail. As a result, the level of communication between the residents and their families, friends, and the world at large has been enhanced. The computer lab at Moorings Park has motivated many residents to purchase computers for their apartments. However, they still come to the computer lab. It has become a place for social interaction. They often share ideas, help one another learn to do things on the computer, or share information that they receive. For instance, the son of a resident is an astronomer who often a -mails information about what occurs in the night sky. This information is shared among a group of residents who stargaze in the evenings. As the interest in computer use increases among the hundreds of residents at Moorings Park and in other senior communities, the Library can be very instrumental in paving their path to learning by offering introductory classes. By providing basic information in a clear, simple manner, and by allowing plenty of time for questions, the skilled presenter can do much to take away the intimidation felt by many seniors who would like to learn to use a computer, but have little, if any, foundation. 16D2 As Collier County Public Library pilots the first year of the Seniors On -Line program, it has been met with great enthusiasm from the community. The first press release resulted in an article in the Sunday edition of the Naples Daily News, and two television news broadcasts. This publicity resulted in about 300 phone calls from senior citizens from all over Collier County who wanted to know how to participate in the Seniors On -Line program. The Seniors On -Line program will extend computer use time and instructional opportunities to senior citizens from the public at large. Plans are being considered, and will be discussed at an Advisory Committee meeting in April 2001, to include volunteer tutors in this program, to help serve the incredible number of people who are interested in participating in Seniors On -Line. Various issues concerning qualifications and safety will be discussed, and guidelines will be set. Partnering facilities agree to make time available for the Library to offer opportunities for senior citizens, who do not live at the facility, to participate in the Seniors On -Line program. Located in every section of Collier County, the partnering facilities offer easy access and comfortable surroundings for visiting seniors. Since many seniors no longer drive, and many that still do drive don't like to drive too far from home, easy access is important. Also, because the partnering facilities are senior communities, it makes it easy to focus the program on the senior citizens for which it is intended. For the areas where there are no senior communities, Seniors On -Line is considering senior day centers, churches, and community centers. Any facility that shows interest in addressing the technology needs of senior citizens, and who's facility lends itself to classroom type learning, will be considered. Seniors On -Line will remain inventive and open to new ideas in an effort to best serve the participants of the program. For the 2!d year Grant Application, facilities contacted include Manor Care at Lely Palms, Manor Care at Lakewood, The Chateau, Orchid Terrace, Canterbury House, Heritage Healthcare, Imperial Healthcare, Summer House, Merrill Gardens, My Place Senior Center, and the Jewish Congregation of Marco Island. In surveying these prospective partners, as well as in contacts with existing partners, the response is overwhelmingly positive and supportive of the Seniors On -Line program. As the interest in computer use among senior citizens has grown significantly during the past year, more and more Administrators and Activity Directors have become aware of the many ways in which computer technology and the Internet can enhance the lives of the residents at their communities. However, they too, are in the beginning phase of learning to use a computer. Although interested in launching a computer program, they feel unqualified and welcome the prospect of being a Seniors On -Line partner and being assisted in this effort. Seniors On -Line will offer training opportunities for administrators and caregivers. They can use their computer knowledge to help enhance the lives of residents who find it too overwhelming or difficult to use the computer themselves. Very sick, elderly persons often feel lonely and isolated. To receive e-mail messages and/or on -line greeting cards from family and friends could do much to brighten the day of these individuals. In canvassing skilled nursing care facilities for the I" year Grant, there was not a great deal of interest in the Seniors On -Line program. It was felt that the majority of the residents would not be capable of using a computer. Now there is more interest in serving the few residents who are able to use a computer. Education has shown caregivers how computers and the Internet can enhance the lives of their patients. Caregivers now see w 1602 that in facilities where the residents do not always use the computer, the Library can offer more instructional opportunities for older adults in the neighborhood. In conclusion, there is a great deal of interest now among the Administrators of Care Centers to participate in the Seniors On -Line program. By May 2001, all ten of the Seniors On -Line computers will be installed and some level of instruction will have been started at the ten locations. To date, there are 179 people on the Seniors On -Line mailing list and 150 people have participated in an introductory course, Computer Basics For The Beginner. Class participants were asked to complete a Student Information Sheet. Information was learned from these questionnaires that will be of use in planning future classes. About 1/3 of the participants are part-time residents and will be leaving for the summer. About 1/3 of the participants already own a computer, but of those, only a very small percentage are using their computer with any feeling of success or accomplishment. Many are afraid to turn it on. Most of the participants heard about the program from the article in the Naples Daily News. What do these older adults want to learn? The three most common responses were: 1. Learn to set -up an e-mail account and send and receive e-mail messages. 2. How to find information on the Internet. 3. How to write a letter (word processing programs). Almost all of those questioned are registered patrons of the Collier County Public Library, and would like to use the Library's website to access the catalog, as well as their Library account. Class participants were also asked to complete a survey at the end of the class. The results of the survey, in an overwhelming majority, stated that they found the class useful, feel less intimidated about using a computer, feel more comfortable about using computer language, and felt that the printed material (in large -print format) was appropriate for their needs. They wanted to know when and where the next class would be held. They are anxiously waiting. One comment that was expressed over and over at each location was how much they appreciated the simple explanations that were given. Two ladies wrote that they had learned more at the Seniors On -Line class in two hours, than they had learned in the entire six weeks course they had taken through Adult Education. Another comment that was made repeatedly was how most people who had tried to help them learn how to use a computer, were very knowledgeable about the computer, but did not know how to pass the knowledge on to a beginner. It seems that many instructors offer beginning courses, when in fact, a student must already know a good deal of basic computer terms and knowledge to understand what is being explained and succeed in the course. Many of the senior citizens have had absolutely no experience using computers whatsoever. This is the group that Seniors On -Line hopes to target. As senior citizens become the fastest growing group of computer users, the movement to serve these older adults grows as well. Seniors On -Line will continue to monitor this movement by exploring websites such as SeniorNet, New Journeys, AARP, the National Aging Information Center, ThirdAge, and Senior Cyborgs to gain both incentive and direction to bring computers and the Internet to the senior citizens of Collier County. Seniors On -Line will maintain lines of communication between the State Library, SWFLN, and other Library systems to share and compile information and ideas throughout this inventive stage of addressing the technology needs of Florida's Elders. 10 3. Inputs 16D2 The success of Seniors On -Line is built upon inputs from a variety of sources. Money, staff, facilities, equipment, supplies, services, volunteers and partners all play a role in supporting this project. Money from the LSTA grant ($61,482) and from Matching Funds from the Friends of the Library of Collier County ($20,500) will be used to fund Seniors On -Line. LSTA money will continue to fund a full -time Library Outreach Specialist II to develop and coordinate the project, and present the programs to older adults. The grant will fund contractual Services from Sprint, Earthlink and Total Communications Concepts. The Grant money will also pay for minor office/data equipment and minor furniture. Local Matching Funds will be used to pay for travel expenses to the residential facilities and community centers, and to the LSTA grant training workshop. They will also fund Computer Supplies, Publicity and Printing. The Friends of the Library will also fund most of the 10 Gateway Pentium III computers for use by the older adults in this project. Staff from the Collier County Library System will continue to be used to support Seniors On -Line, The Head of Extension Services will continue to provide grant supervision and employee supervision of the Library Outreach Specialist II position. Library IT staff will continue to provide support and back -up to the computers used by the seniors. Library Drivers will continue to transport furniture, supplies and equipment to the facilities of the grant partners. In providing this support, the Library will work towards the goals of its Long Range Technology Plan. Facilities for the computer workstations and activity rooms for group presentations will be provided by the resident facilities and community centers. The Collier County Public Library will make its meeting rooms available for introductory programs for seniors, and will continue to provide office space for the Library Outreach Specialist at the Estates Branch Library. Through this partnership the Library will provide broader Library access to older members of the community. Equipment available for the use of Seniors On -Line includes office furniture at the Collier County Public Library, as well as, a computer and printgr, Library delivery van, photocopier and video projector for developing Internet training programs for seniors. Supplies donated by the Collier County Public Library include paper, pens, toner, postage, fasteners, folders and tape. Services provided by the Library include the Library's Web page, www.collier- lihora and on -line reference services including NewsBank, Ebsco, First Search, and GaleNet; as well as phone and fax service. Volunteers for the Library enjoy more variety in the duties they perform and provide clerical support for Seniors On -Line. We also encourage hose volunteers with computer expertise to provide technical and instructional backup to the seniors involved in this program. Partners like the Friends of the Library of Collier County, Inc. are hard to find. They have financially supported our building programs, our yearly Festival of the Humanities, the development of special materials collections, book discussion groups, Outreach programs for seniors, and programs for our jails and migrant camps. Once again they have made a commitment where our Library has seen a need and have agreed to provide the matching funds for Seniors On -Line should our grant application be approved. 11 16D2 Collier County Public Library Outreach Services has only two full -time employees; but they are worth their weight in gold. In FY2000 they circulated over 11,000 items through the Mail -A -Book program, and collected donations of over 4,000 books, books -on -tape, and CD's to be used in our jails, boot camp, migrant camps, and assisted living facilities. They targeted services to seniors as a priority, presenting over 70 holiday and book discussion programs to over 1,300 seniors, both at the Library and at residential facilities. They have made the contacts that have created Partnerships with over 20 residential communities in Collier County. From these residential communities and from county community centers, we have chosen 10 sites to initiate Seniors -On -Line: Buena Vida, Goodlette Arms, Windsor Place, Arbor Trace, Bentley Care Center, Brighton Gardens, Roberts Center, Harborside Healthcare, Homewood Residence, and Golden Gate Community Center. These locations are benefiting from the equipment, services and activities associated with this grant. Outreach Services has also forged partnerships with Our Place (senior center), the Collier County Association of the Blind, Collier County Parks and Recreation, Services For Seniors (county program), the State Division of Blind Services, and Bethune Learning Center. Existing partnerships present us with an excellent base for the development and pursuit of this LSTA grant. Members of the grant's Project Advisory Group are chosen from our Partners. Such successful and existing working relationships facilitate every aspect of this project, and these Partners have shown us support and interest in involvement in Seniors On -Line. We have included letters of commitment from our partners in the project who see this grant as mutually beneficial to the Library, their organization, and the people they serve. 12 4. Action Plan 1602 With LSTA grant money and matching funds, the Library will continue to implement an information technology program for older adults named Seniors On -Line. Through this grant, the Collier County Public Library will enter into partnership with 8 -10 additional community centers, senior centers, and assisted/independent living facilities. The purpose of this partnership is to provide older adults in the community with education, training, and exposure to computerized Library information and the Internet. This program will place a computer workstation in each of the Partnering facilities complete with printer and Internet access. Accessibility is an important factor for this program, as most of these older adults have some special needs. Digital information may be difficult for some older adults to access because of physical disabilities. We will try to place the computer workstation in an area with little direct sunlight. Each workstation will be equipped with a 19" monitor for easier viewing, and headphones so that ambient sounds are limited and computer related audio is amplified. We will follow guidelines developed by the Washington Assistive Technology Alliance to allow for equal access computing. These guidelines include: • Provide clear floor space at least 30 inches wide by 48 inches deep at each workstation. • The table surface should be made of non - glare, low- friction materials. Open space under the table should be at least 30 inches wide and 19 inches deep. • The keyboard tray must move easily up and down for individual positioning. • The workstation chair should be adjustable; the distance from the seating surface to the work surface should be 10 '/z - 12 inches. The cushion material should not be slippery nor very coarse. A portable footrest should be available. The chair should include an adjustable backrest and seat angle for both forward leaning and reclining postures, and the chair should be easy to adjust while the individual is seated. There are many things we can do to make these computers more accessible to older adults with disabilities, including: • Make sure informational signs are printed large enough for all to read. • Use "Larger" or "Largest" tent size at View on the Toolbar. • Add Bigprint as an option. • Disable mouse and use keypad instead for those with mobility restrictions. • In Microsoft Word, change the zoom size of the text to 200% so visually impaired older adults can see what they type. • Familiarize staff and volunteers with the accessibility features, so they will feel comfortable showing them to older adults. The Library will continue to retain a full -time Library Outreach Specialist II to coordinate this program who will perform or supervise most of the organizational and operational activities. A copy of the County's formal Position Description for this job title is included in the Budget section of this document. This employee is required to possess teaching skills as well as computer and Internet experience. The employee in this position needs a proven record of successful communication and work experience with older adults. The Library Outreach Specialist II functions as a regular Collier County employee, with the attendant benefits and responsibilities of a county position. The Library Outreach Specialist II works out of the Library's 13 Extension Services section, and is supervised and supported by the Head of Extension Services. This employee interacts frequently with the Library IT staff, the Library's Volunteer Coordinator and with other staff in the Extension Services office. 1602 The Library Outreach Specialist II will: • Review existing Web sites, Libraries, and senior - related organizations like SeniorNet.com, Three Rivers Regional Library System, Friendly4Seniors. com, and the AgeLight Institute for valuable input on the structuring of this project. • Evaluate and update the training curriculum for the project during the first two months of the program • Present computer assisted instruction, workshops and programs 4 times per month to seniors at each of the Partnering facilities • Organize and facilitate the Project Advisory Group which meets at least 3 times a year and includes the involvement of older adults • Perform monthly liaison work between the Library and the administration of the Partnering facilities • Contract for wiring, telephone service and an ISP for the Partnering facilities • Coordinate and oversee the purchase and installation of computer workstations in the Partnering facilities • Supervise and train Net volunteers • Meet monthly for a planning meeting with supervisor (Head of Extension Services) • Attend the Capacity Building Workshop • Create and distribute fliers monthly to promote Senior's On -Line at the Partnering facilities • Train the staff of the Partnering facilities in basic computer maintenance and technical support at a minimum of four classes per location • Create and publish 1,000 copies of an informational brochure promoting the project • Publicize Seniors On -Line with the media including local and area newspapers, and TV • Complete the mid -year and annual reports for grant • Create and share a Seniors On -line program packet with SWFLN and their Computer Interest Group • Attend the FLA Conference to promote and publicize Library Outreach to Older Adults • Conduct evaluation surveys and interviews with participating older adults and grant partners. Training for Project Participants will take a three- tiered approach, based on the needs and interests of the participants. It will allow the Seniors to learn at their own speed, to repeat a level as often as they would like, and to progress from group instruction to more advanced searching with individualized training. This training will be presented in three separate levels — Informational, Educational, and Tutorial. The Informational Level will introduce participants, in groups, to the world of computer technology. This is a beginning level for Seniors with no computer experience. This fun and informative class will provide a basic guide to using computers. • Title: Beginning Computing For Seniors • Prerequisite: None • Objectives: To introduce Seniors to the basic components and terminology of a computer. To introduce Seniors to the use of a mouse and keystrokes. 14 • Audience & Issues: Medium -large sized group of Seniors (10 -40), with a cross - section of aptitudes, interests and abilities. Audience attention span may be limited, keep presentation moving, fluid. Have a volunteer assistant or facility staff member available. • Length: Program sessions will be designed to last somewhere between one and two hours. Sometimes questions posed by members of the audience can alter the direction the program and alter the time involved. • Lesson Content: 1. The Basic Components of a Computer: System Unit, Floppy Disks, Mouse, Monitor, Headphones and Speakers, Printer, and Keyboard. 2. Software Programs: Word Processing, Games, Graphics, E -Mail. 3. Mouse Basics: Moving the Mouse, Click, Double Click, Drag and Drop 1602 4. Keyboard Basics: Characters, Arrow Keys, Command Key, Ctrl Key, Delete Key, Enter and Escape Keys, Function Keys. 5. Basic Computer Terms and Definitions: Access, Help, Byte, Cable, Crash, Cursor, Desktop, Document, File, Folder, Icon, Menu Bar, Modem, Scanner, Undo, User ID, Zoom -In, etc. Audio Visual Aids / Handouts: Laptop, Video Projector, Videotapes, Handouts. Evaluation & Statistics: Evaluation will be by verbal survey. Seniors will be surveyed pre- and post - program as to computer interest, skill level, usefulness, knowledge, and enjoyment. The volunteer assistant or facility staff member will record the Seniors' verbal responses to the survey as well as their comments and observations. The Library Outreach Specialist will compile statistics reflecting number of programs, attendance and locations of programs. The Educational Level will benefit Seniors who may have some experience with computers or the Web but want to fill in gaps in knowledge through a more formal training session. Working in smaller groups and moving at a relaxed pace, individuals will learn useful and fun sites on the Web, how to do research, create an e -mail account, and use the Library's computer system to look up materials and place reserves. • Title: Basic Internet For Seniors • Prerequisite: Basic PC experience or Beginning Computers For Seniors program. • Objectives: To introduce Seniors to searching the World Wide Web. To introduce Seniors to sites that allow them to set up email addresses. To introduce Seniors to shopping and fun sites on the Web. To teach Seniors to use the Library's Web site to look up and reserve items, and introduce the Library's hyperlinks. • Audience & Issues: Small group of Seniors (5 -10). Seniors attending this program will have various levels of computer experience and questions. Have a volunteer assistant or facility staff member present. • Length: Program sessions will be designed to last from one to two hours. Sometimes questions posed by program attendees can alter the direction of the program and alter the time involved. Additional time may be allotted for individual or small group, hands -on instruction at the computer. • Lesson Content: 1. Brief History of the Computer Networks 2. Rules of the Internet (e -mail, passwords, security) 3. World Wide Web (search engines, web sites, surfing, hypertext, links) 4. Access to the Library's Website ( on -line catalog, on -line reference, logging into your Library account, links to other websites) • Audio Visual Aids / Handouts: Laptop, Video Projector, Exercises, Handouts • Evaluation & Statistics: Evaluation will be by survey and/or program exit interview completed with the assistance of the Library Outreach Specialist II, a volunteer assistant or facility staff member. The survey will rate program content and presentation; measure changes in the Seniors' knowledge, skills, behavior and condition; and count the number of Senior participants with new e-mail accounts. The exit interviews will also allow for personal comments and observations. The Library Outreach Specialist will compile statistics reflecting number of programs, attendance and locations of programs. 15 The Tutorial Level will give experienced Seniors one -on -one individualized instruction using word processing, publishing and spreadsheet software; as well as, slightly more advanced skill training in finding business and financial information, and using subject indexes and search engines. • Title: Advanced Searching and Microsoft Office for Seniors • Prerequisite: Basic Internet For Seniors program or basic experience on the Web. • Objectives: To give Seniors personal instruction in using a variety of search tools to find information on the Web. To give Seniors an introduction to the basics and tools of Microsoft Office software. To give Seniors one -on -one individualized computer assistance. • Audience & Issues: One or two Seniors at a time, with scheduled appointments. • Length: Sessions for individual tutoring will be given in 30 minute blocks. • Lesson Content: 1. Create an E -mail Account, and Send and Receive E -mail. 2. Surf the Net, and Learn More about Web Searching. 3. Review the Basic Tools of Word Processing and Microsoft Word. 4. Use Microsoft Publisher to Create Your Own Greeting Cards and other simple publications. 5. An Introduction to Spreadsheets, and the Basics of Microsoft Excel. Audio Visual Aids / Handouts: Software "Quick- References ", Handouts. Evaluation & Statistics: Evaluation will be by sign -in sheet, written evaluation completed with the assistance of the Library Outreach Specialist, a volunteer assistant or facility staff member. The survey will allow for personal comments and observations; and will rate the program's practicality to the Seniors' needs and interests. The survey will also inquire as to what other training the Seniors would like to see the Library offer. The Library Outreach Specialist will compile statistics reflecting number of programs, attendance and locations of programs. Learnatgateway.com will be available at each computer workstation for individualized and small group online training. This subscription will be paid by the grant for one year, with an option to be picked up by the partnering facility. The Partnering Facilities will support Library programs and Internet service for their residents/members. These Partners will ensure easy access and availability of the computer workstations for those residents/members capable and trained to use them. The Partnering facilities will use the Internet and on -line Library access to enhance their customers lives in other activities. These Partners will assist the Library in forming a Project Advisory Group, and in providing basic computer maintenance and technical support for the workstations including sign -up sheets and record keeping. The Project Advisory Group will allow Seniors On -Line to look at issues from a number of different perspectives. The Project Advisory Group broadly represents the elder residents in assisted /independent living facilities, elders using community centers, and general elderly library users. This group serves to advise the Library and the Library Outreach Specialist Project Coordinator as outlined below. • Membership. The minimum number of Advisory members shall be 4, and the maximum 7. In addition, the Library Director and the Extension Librarian may be designated as non - voting members of the Group. The Senior Outreach Specialist may appoint members from the following groups: - Community Partners - Library advocacy groups - Local computer clubs 16 - Senior library users - Local Senior Citizen groups 1602 - sidents of assisted/independent living facilities r Re - Library governing bodies • Oualifications. The Advisory Group members shall be 55 years of age or older, and broadly representative of seniors in all types of assisted or independent living facilities, and community centers. Group members shall be advocates of the Library, and have a genuine interest and a desire to participate in the Seniors On -Line project. Group members shall have previous computer and on- line experience, effective communication and listening skills, and the ability to adapt and be flexible to obtain the desired goal. • Term of O ice. Members of the Advisory Group shall serve for terms of one county fiscal year (October- September). Members shall be eligible for reappointment, but no one person shall serve for more than 2 consecutive full terms as a member of the Group. • Officers. The Project Advisory Group shall elect a chair and a vice -chair at the first meeting in October of each year of the project. The Library Outreach Specialist may be designated as Secretary for the group without voting privileges. • Functions. The Project Advisory Group shall advise the Library on the development of the LSTA Grant Project — Seniors On-Line. They shall assist the Library Outreach Specialist H in program planning and selecting topics for Library and Internet training. They will assist in the development of computer use policies including scheduling, headphone use, floppy disks, and printing. The Project Advisory Group shall advise the Library Outreach Specialist II on the evaluation of the LSTA project; and also have input in selection of future software and hardware and in decisions affecting accessibility. The Library may also seek the Advisory Group's advice on other matters related to library services in Collier County; and Advisory Group members are expected to advocate for improvement of library services to seniors. • Meetings. The Advisory Group shall meet at least three times a year (according to the Collier County Fiscal Year), one in October, April, and September. Additional meetings may be called as needed. Meetings are held during the workweek. Meeting location may vary (e.g., library, residential facility, community center, etc.). Members may be transported to the meeting location, or reimbursed for necessary travel expenses in accordance with State Law and procedures. Meetings may also be held by conference call. • Current Awareness. Collier County Library staff, especially the Library Outreach Specialist II, will assist Advisory Group members in maintaining current awareness of library technology trends, life- long learning projects, and access- for -all issues through the following means: - Using E -mail, including correspondence with SWFLN and the State Library, to communicate with Advisory Group members - Publishing Seniors On -Line grant information on the library system's web page (www.collier- lib.org). - Arranging site visits to Community Partnership locations for Advisory Group members - Appointing Advisory Group members as liaisons to other library and computer advocacy groups - Encouraging the Advisory Board to search on -line for successful web sites geared to seniors The Older Adults who are customers and/or residents of these Partnering facilities will receive: • Free and local use of a computer • Free On -line computer access to the Library and its services, and to the World Wide Web • Computer instruction and training at three levels: 1. General introductory programs to the Library on -line and the Internet 2. Hands -on Internet workshops in smaller groups 3. One -on -one individualized help • Input regarding Seniors On -Line through staff and the Project Advisory Group 17 • Greater social contact and life enhancement (chat rooms) • More family contact ( email) • Reduced daily stress (shopping on -line) • Access to distance learning opportunities 16D2 ,, 18 Project Calendar Overview: October 2001 16D2 • Library Outreach Specialist for Seniors On -Line renews employment. • Library Outreach Specialist reformulates Project Advisory Group of older adults; and conducts introductory/focus meeting with Group. • Library Outreach Specialist holds Seniors On -Line planning meeting with Supervisor. • Grant Partners and Library Outreach Specialist conduct Partnership Meetings (singly or as a group, 1 -2 times per month. • Library Outreach Specialist contracts with Sprint for phone line installation and activation for first 5 new facilities. • Library Outreach Specialist creates, prints and disseminates fliers and newsletters that promote Seniors On -Line to Partnering facilities. • Library Outreach Specialist evaluates and recreates evaluation survey of older adult participants. • Library Outreach Specialist evaluates and recreates forms for program's statistical records. • Library Outreach Specialist evaluates and updates training material and lesson plans for program classes. • Library Outreach Specialist creates and presents 2 computer or Internet programs at each of the first year Partners' facilities. November 2001 • Library Outreach Specialist holds Seniors On -Line planning meeting with Supervisor. • Extension Librarian and Library Outreach Specialist attend Capacity Building Workshop in Tallahassee. • Grant Partners and Library Outreach Specialist conduct Partnership Meetings (singly or as a group, 1 -2 times per month.) • Sprint installs phone lines at first 5 facilities. • Library Outreach Specialist :contracts with TCC for interior wiring retrofits for first 5 facilities. • Library Outreach Specialist and Library staff recruit Net Volunteers for Grant Partners' facilities. • Library Outreach Specialist purchases first 5 computer workstations. • Library Outreach Specialist arranges to have Seniors On -Line publicized in local and area newspapers and media. • Library Outreach Specialist creates and presents 2 computer or Internet programs at each of the first year Partners' facilities. • Library Outreach Specialist will set the procedure for maintaining inventory control over all furniture and equipment. December 2001 • Project Advisory Group meets with Library Outreach Specialist as needed. • Library Outreach Specialist holds Seniors On -Line planning meeting with Supervisor. • Grant Partners and Library Outreach Specialist conduct Partnership Meetings (singly or as a group, 1-2 times per month.) 19 1602 • Service contractor (TCC) installs telephone line for the computer in first 5 of the ten Project facilities. • Library Outreach Specialist and Library staff install first 5 of ten computers in grant Partners' facilities. • Library Outreach Specialist and Library staff train and schedule Net Volunteers for Grant Partners' facilities. • Library Outreach Specialist and Library IT staff train the staff of the Partner's facilities in basic computer maintenance and technical support as needed. • Library Outreach Specialist will create and publish an informational brochure promoting Seniors On -Line. • Library Outreach Specialist creates and presents 2 computer programs at the first 5 Partners' facilities. • Library Outreach Specialist contracts with Earthlink as ISP. • Library Outreach Specialist creates and presents 2 computer or Internet programs at each of the first year Partners' facilities. January 2002 • Library Outreach Specialist holds Seniors On -Line planning meeting with Supervisor. • Grant Partners and Library Outreach Specialist conduct Partnership Meetings (singly or as a group, 1-2 times per month.) • Library Outreach Specialist contracts with Sprint for the phone line installation for the second 5 workstations. • Library Outreach Specialist purchases second 5 computer workstations. • Library Outreach Specialist creates and presents 2 Internet programs at the first 5 Partners' facilities. • Library Outreach Specialist and Library staff train and schedule Net Volunteers for Grant Partners' facilities. • Library Outreach Specialist and Net Volunteers conduct bi- weekly hands -on Internet Workshops at each Partners' facilities. • Library Outreach Specialist and Library IT staff train the staff of the Partner's facilities in basic computer maintenance and technical support as needed. • Library Outreach Specialist arranges to have Seniors On -Line publicized in local and area newspapers and media. • Library Outreach Specialist creates and presents 2 computer or Internet programs at each of the first year Partners' facilities. • Library Outreach Specialist creates, prints and disseminates fliers and newsletters that promote Seniors On -Line to Partnering facilities. February 2002 • Project Advisory Group meets with Library Outreach Specialist as needed. • Sprint installs phone lines for second 5 computer workstations. • Library Outreach Specialist holds Seniors On -Line planning meeting with Supervisor. • Grant Partners and Library Outreach Specialist conduct Partnership Meetings (singly or as a group, 1-2 times per month.) • Library Outreach Specialist contracts with TCC to do retrofit wiring for second 5 workstations. 20 1.602 • Library Outreach Specialist and Library staff install second 5 of ten computers in grant Partners' facilities. • Library Outreach Specialist creates and presents 2 Internet programs at of the first 5 Partners' facilities. • Library Outreach Specialist and Library staff train and schedule Net Volunteers for Grant Partners' facilities. • Library Outreach Specialist and Net Volunteers conduct bi- weekly hands -on Internet Workshops at the first 5 Partners' facilities. • Library Outreach Specialist and Net Volunteers offer' /2 hour blocks of individual computer instruction to seniors in the program. • Library Outreach Specialist and Library staff train the staff of the second 5 Grant Partner's, once per week, in basic computer maintenance and technical support. • Library Outreach Specialist creates and presents 2 computer or Internet programs at each of the first year Partners' facilities. March 2002 • Library Outreach Specialist holds Seniors On -Line planning meeting with Supervisor. • Grant Partners and Library Outreach Specialist conduct Partnership Meetings (singly or as a group, 1-2 times per month.) • Library Outreach Specialist creates and presents 2 Internet programs at each Partners' facilities. • Library Outreach Specialist and Library staff train and schedule Net Volunteers for Grant Partners' facilities. • Library Outreach Specialist and Net Volunteers conduct bi- weekly hands -on Internet Workshops at each Partners' facilities. • Library Outreach Specialist and Net Volunteers offer ' /z hour blocks of individual computer instruction to seniors in the program. • Library Outreach Specialist and Library IT staff train the staff of the Partner's facilities in basic computer maintenance and technical support as needed. • Library Outreach Specialist arranges to have Seniors On -Line publicized in local and area newspapers. • Extension Librarian and Library Outreach Specialist complete mid -year report for Seniors On -Line. • Service contractor (TCC) installs telephone line for the computer in second five of the ten Project facilities. • Library contracts with Earthlink ISP for second five of the ten workstations. • Library Outreach Specialist creates and presents 2 computer or Internet programs at each of the first year Partners' facilities. • Library Outreach Specialist creates, prints and disseminates fliers and newsletters that promote Seniors On -Line to Partnering facilities. April 2002 • Project Advisory Group meets with Library Outreach Specialist. • Library Outreach Specialist holds Seniors On -Line planning meeting with Supervisor. • Grant Partners and Library Outreach Specialist conduct Partnership Meetings (singly or as a group, 1-2 times per month.) • Library Outreach Specialist creates and presents 2 Internet programs at each Partners' facilities. 21 1602 • Library Outreach Specialist and Library staff train and schedule Net Volunteers for Grant Partners' facilities. • Library Outreach Specialist and Net Volunteers conduct bi- weekly hands -on Internet Workshops at each Partners' facilities. • Library Outreach Specialist and Net Volunteers offer ' /Z hour blocks of individual computer instruction to seniors in the program. • Library Outreach Specialist and Library IT staff train the staff of the Partner's facilities in basic computer maintenance and technical support as needed. • Extension Librarian and Library Outreach Specialist submit mid -year report for project. • Library submits an Expanded Services Request to add the Seniors On -Line Library Outreach Specialist position to the Library's regular budget for FY2003. • Library Outreach Specialist attends FLA and promote outreach services to older adults. • Library Outreach Specialist creates and presents 2 computer or Internet programs at each of the first year Partners' facilities. May 2002 • Library Outreach Specialist holds Seniors On -Line planning meeting with Supervisor. • Grant Partners and Library Outreach Specialist conduct Partnership Meetings (singly or as a group, 1 -2 times per month.) • Library Outreach Specialist creates and presents 2 Internet programs at each Partners' facilities. • Library Outreach Specialist and Library staff train and schedule Net Volunteers for Grant Partners' facilities. • Library Outreach Specialist and Net Volunteers conduct bi- weekly hands -on Internet Workshops at each Partners' facilities. • Library Outreach Specialist and Net Volunteers offer ' /z hour blocks of individual computer instruction to seniors in the program. • Library Outreach Specialist and Library IT staff train the staff of the Partner's facilities in basic computer maintenance and technical support as needed. • Library Outreach Specialist arranges to have Seniors On -Line publicized in local and area newspapers. • Library Outreach Specialist creates and presents 2 computer or Internet programs at each of the first year Partners' facilities. June 2002 • Project Advisory Group meets with Library Outreach Specialist as needed. • Library Outreach Specialist holds Seniors On -Line planning meeting with Supervisor. • Grant Partners and Library Outreach Specialist conduct Partnership Meetings (singly or as a group, 1-2 times per month.) • Library Outreach Specialist creates and presents 2 Internet programs at each Partners' facilities. • Library Outreach Specialist and Library staff train and schedule Net Volunteers for Grant Partners' facilities. • Library Outreach Specialist and Net Volunteers conduct bi- weekly hands -on Internet Workshops at each Partners' facilities. • Library Outreach Specialist and Net Volunteers offer 'h hour blocks of individual computer instruction to seniors in the program. 22 • Library Outreach Specialist and Library IT staff train the staff of the Partner's facilities in basic computer maintenance and technical support as needed. • Library Outreach Specialist creates and presents 2 computer or Internet programs at each of the first year Partners' facilities. July 2002 16D2 • Library Outreach Specialist holds Seniors On -Line planning meeting with Supervisor. • Grant Partners and Library Outreach Specialist conduct Partnership Meetings (singly or as a group, 1-2 times per month.) • Library Outreach Specialist creates and presents 2 Internet programs at each Partners' facilities. • Library Outreach Specialist and Library staff train and schedule Net Volunteers for Grant Partners' facilities. • Library Outreach Specialist and Net Volunteers conduct bi- weekly hands -on Internet Workshops at each Partners' facilities. • Library Outreach Specialist and Net Volunteers offer '/2 hour blocks of individual computer instruction to seniors in the program. • Library Outreach Specialist and Library IT staff train the staff of the Partner's facilities in basic computer maintenance and technical support as needed. • Extension Librarian and Library Outreach Specialist create a Seniors On -Line Program packet (including lesson plans and training activities) and share with SWFLIN. • Library Outreach Specialist arranges to have Seniors On -Line publicized in local and area newspapers. • Library Outreach Specialist creates and presents 2 computer or Internet programs at each of the first year Partners' facilities. • Library Outreach Specialist creates, prints and disseminates fliers and newsletters that promote Seniors On -Line to Partnering facilities. August 2002 • Project Advisory Group meet's with Library Outreach Specialist to evaluate project. • Library Outreach Specialist holds Seniors On -Line planning meeting with Supervisor. • Grant Partners and Library Outreach Specialist conduct Partnership Meetings (singly or as a group, 1-2 times per month.) • Library Outreach Specialist creates and presents 2 Internet programs at each Partners' facilities. • Library Outreach Specialist and Library staff train and schedule Net Volunteers for Grant Partners' facilities. • Library Outreach Specialist and Net Volunteers conduct bi- weekly hands -on Internet Workshops at each Partners' facilities. • Library Outreach Specialist and Net Volunteers offer ' /z hour blocks of individual computer instruction to seniors in the program. • Library Outreach Specialist and Library IT staff train the staff of the Partner's facilities in basic computer maintenance and technical support as needed. • Administer grant survey to older adult participants. • Library Outreach Specialist creates and presents 2 computer or Internet programs at each of the first year Partners' facilities. 23 September 2002 • Library Outreach Specialist holds Seniors On -Line planning meeting with Supervisor. • Grant Partners and Library Outreach Specialist conduct Partnership Meetings (singly or as a group, 1-2 times per month). • Library Outreach Specialist creates and presents 2 Internet programs at each Partners' facilities. • Library Outreach Specialist and Library staff train and schedule Net Volunteers for Grant Partners' facilities. • Library Outreach Specialist and Net Volunteers conduct bi- weekly hands -on Internet Workshops at each Partners' facilities. • Library Outreach Specialist and Net Volunteers offer ' /z hour blocks of individual computer instruction to seniors in the program. • Library Outreach Specialist and Library IT staff train the staff of the Partner's facilities in basic computer maintenance and technical support as needed. • Extension Librarian and Library Outreach Specialist complete and submit annual report for project. • Library Outreach Specialist creates and presents 2 computer or Internet programs at each of the first year Partners' facilities. • The Library will review Seniors On -Line Based on its success and its compatibility with the Library's Long Range Plan, the Library will determine whether to request full funding of the program in the Library's FY03 County budget. 24 4. Evaluation 1602 As this is the first time that this type of project has been undertaken, evaluation will be constant and ongoing. We will evaluate whether the older adults who participate in Seniors On -Line use the information we provide to enhance their lives. We will also evaluate whether these older adults learn to use computers. We will measure changes in their knowledge, skills, behavior and condition. The Library Outreach Specialist will create forms to gather statistical data associated with the project. The Library Outreach Specialist will also create and conduct a survey to measure the older adults' response to the program. The survey will be multiple- choice in format, but allow for personal comments and observations. The survey will be administered in the last quarter of the grant year, and its results will become part of the annual report. The survey will measure any increase in the use by older adults of the Library and its services on -line. It will measure any increase in the ability of these older adults to find information. We will count the number of seniors who attend these programs in the Partnering facilities. We will also survey the number of participants who share their Internet experience with family and friends. We will measure the increase in computer use by these older adults, as well as any increase in their computer skills. We will tabulate the number of older adults who receive computer training through this project, and the number of older adults who open a new e-mail account as a result of this project. Finally, we will survey the older adults to find out how many participants simply enjoyed these Internet and Library programs. The Library Outreach Specialist and the Head of Extension Services will prepare the Annual Project Report for the Division of Library & Information Services. Copies of this report will be shared with all Seniors On -Line grant Partners, the Project Advisory Group, the Collier County Public Library, the Southwest Florida Library Network (SWFLN) and with the Collier.County Board of Commissioners. A copy of the Annual Project Report will be made available at the Partnering facilities for the review of all older adults who participated in the project. 25 Library Name Collier County Public Library Project Name Seniors On -Line (2001 -2002) BUDGET 1602 (Round all amounts to nearest dollar. Add additional lines if needed to include all information in a section.) CONTRACTUAL SERVICES (List each vendor) TCC (Retro- wiring) (10) $ 1- $ Saint DSL Activation & Installation (10) 1.790 rEarthlink & Data Line Service (10) x (12mos )x ($60 /mo) 7,200 TOTAL CONTRACTUAL SERVICES .............. ............................... $ 10.490 $ LIBRARY MATERIALS (Include type and numbers of materials to be purchased) N/A $ $ TOTAL LIBRARY MATERIALS ..................... ............................... $ $ SUPPLIES (List supplies needed) Printer Cartridges (20 color/20 black) $ $ Printer Paper 500 TOTALSUPPLIES ........................................... ............................... $ $ TRAVEL......................................................... ............................... $ $ EQUIPMENT (Equipment and fumiture with a useful life of at least one year and a unit cost of $1,000 or more) Computers (10) Pentium III $ $ _ 15.000 TOTAL EQUIPMENT ...................................... ............................... $ $ OTHER (Specify) - -lead20110) $ 110 $ Chairs (20) 1.000 Inki Printers (10) & Cables (10) 1.190 Power Strips (10) 150 Computer Tables (10) 1.300 Waste Baskets (20) 60 Publicitv & Printing 1,000 TOTAL OTHER ............................................... ............................... $ 3,810 $ 1.000 TOTAL ................................................... ............................... $ _ 61,482_ + $ _20,500_ $_ 81,982_ 26 LOCAL/STATE Library Outreach Specialist II 1 LSTA MATCH SALARIES & BENEFITS (Position Title) F.T.E. _Regular Salaries $ 30.830 $ Social Security 2,358 Retirement 2 8_ 21� Insurance 6,011 11 Workers Compensation 3.787 3% Collier County Merit Increase .................... ............................... 1,375 TOTALSALARIES .......................................... ............................... $ 47 182 $ CONTRACTUAL SERVICES (List each vendor) TCC (Retro- wiring) (10) $ 1- $ Saint DSL Activation & Installation (10) 1.790 rEarthlink & Data Line Service (10) x (12mos )x ($60 /mo) 7,200 TOTAL CONTRACTUAL SERVICES .............. ............................... $ 10.490 $ LIBRARY MATERIALS (Include type and numbers of materials to be purchased) N/A $ $ TOTAL LIBRARY MATERIALS ..................... ............................... $ $ SUPPLIES (List supplies needed) Printer Cartridges (20 color/20 black) $ $ Printer Paper 500 TOTALSUPPLIES ........................................... ............................... $ $ TRAVEL......................................................... ............................... $ $ EQUIPMENT (Equipment and fumiture with a useful life of at least one year and a unit cost of $1,000 or more) Computers (10) Pentium III $ $ _ 15.000 TOTAL EQUIPMENT ...................................... ............................... $ $ OTHER (Specify) - -lead20110) $ 110 $ Chairs (20) 1.000 Inki Printers (10) & Cables (10) 1.190 Power Strips (10) 150 Computer Tables (10) 1.300 Waste Baskets (20) 60 Publicitv & Printing 1,000 TOTAL OTHER ............................................... ............................... $ 3,810 $ 1.000 TOTAL ................................................... ............................... $ _ 61,482_ + $ _20,500_ $_ 81,982_ 26 D. BUDGET NARRATIVE 1602 The goal of Seniors On -Line is to provide older adults in the community access to education, training and exposure to computerized information through the Library and the Internet. The Library is reaching out into the community, to senior centers, community centers, and assisted/independent living facilities to serve groups of seniors with limited access to the Library. It is the objective of this year's grant application to target 8 -10 additional partnership facilities, and provide each of the facilities, for one year, with • Services of 1 FTE, Library Outreach Specialist II (ave. 3 hrs /wk). [Remaining 10 hrs/wk serving original 10 partnering facilities from first year of Seniors On -Line] • 1 computer workstation including software and printing capabilities • Data wiring and service • Internet service • Instructional and informational programs • Related office supplies and equipment • Technical Support • Training materials • Program publicity This program will require a variety of resources to be successful; staff, contractual services, supplies, travel, equipment and publicity all are necessary components of this project. In order to fund this program, the Library is proposing a total budget for one year of $81,982. The Library is requesting $61,482 in LSTA Grant money; The Collier County Library System will provide $10,500, and the Friends of the Library of Collier County are lending their financial support to this program with a commitment of $10,000 in matching funds. Salaries and Benefits With LSTA Grant money, the Library will employ one full -time employee to evaluate the current program, and to recreate, develop and deliver this program to older adults. This position will be titled, Library Outreach Specialist II, and will match the positioii'description and salary range of existing LOS II's in the Library system. Salary and benefits for this position are $45,807, and include regular salary, social security, retirement, life & health insurance and worker's compensation. The current employee in this position would be eligible for a Merit Increase in FY2002; therefore, $1,375 is included for this purpose, bringing Total Salaries to $47,182. This position is defined as performing professional analytical and technical work in a variety of outreach program areas including research, database development, program administration, community networking, and customer referral. The essential functions for Library Outreach Specialist include, but are not limited to: • Create and provide programs and activities to promote information and referral and outreach services • Implement current professional techniques in data and on -line searches and database development (ability to teach searching techniques to older adults) • Assist customers in the use of the Library and its services • Provide access to library services for individuals and groups who have special needs 27 Contractual Services The Library will contract with Total Communications Concepts (TCC), our regular vendor to provide for interior data cable at each location. The Library will also contract with Sprint to provide a telephone line and 12 months service at each location for the use of the computer workstation. Earthlink will provide 12 months of Internet service to each workstation. The Partnering facilities are committed to sustaining these services once the grant funding ends. Library Materials There are no costs for Library Materials for this project. All of the initial software is included in the base price of the computer hardware. Supplies Supplies that need to be budgeted for this project are limited to printer cartridges and printer paper. Based on our First Year Costs for one workstation, 2 boxes of 500 -sheet paper have been budgeted for each of the ten workstations. Accordingly, 2 color and 2 black printer cartridges have been budgeted for each of the ten workstations. These supplies are part of the Matching Funds. Travel Travel for the Library Outreach Specialist and the Chief Extension Librarian to attend the grant implementation workshop in Tallahassee is budgeted at as part of the LSTA grant. Travel for the Library Outreach Specialist to attend and participate in the Florida Library Association Conference is also budgeted. These travel expenses include: • Mileage ($.29 /mile) • Hotel (4 nights) • And Per Diem (6 days) Local travel for the grant to set up the computer workstations, perform the Internet programs, and hold advisory board meetings is budgeted at $1,800. This is an estimate of cost for weekly visits to a maximum of 20 partnering facilities @ $.29 per mile. This allows for average travel of 500 miles per month. The money for this travel will be provided through matching funds. Equipment 10 computers at a cost of $15,000 will be purchased with matching funds for the project. They will be the Gateway Professional V933 or a comparable product. The system will include a 933M& Pentium III Processor, with 20GB hard drive and 128MB SDRAM. The system will also include a 19 -inch color monitor for easier viewing. The application software will be Microsoft Office 2000 or newer. A service program is also included providing 3 years parts and labor limited warranty, 1 -year on -site service, and limited hardware & software tech support as long as we own the system. Other 28 16D2 ' The following items are budgeted as part of the LSTA grant. A printer is budgeted for each of the 10 proposed workstations. An HP DeskJet 648C or comparable inkjet printer will be purchased for each location at a cost of $99, plus 10 printer cables at $20 ea. Other minor equipment specified for the 10 workstations is listed and priced based on the actual current cost for one Seniors On -Line workstation. For each workstation this would include: • 1 headset @ $11 ea. And 1 power strip @ $15 ea. 1 computer table @ $130 ea. and 2 chairs @ $50 ea. 2 wastebaskets (1 recycle and 1 regular.) Funds for publicity and printing are also included in the LSTA grant request and budgeted under the category Other. These include funds for 1,000 copies of a professionally printed brochure ($800) and for fliers and other advertisements. 29 :i ro m .t� G1 Z iq owe in 16D2 a In 8 A a OD h h w O O A d wi h p cq o O OCI p N N �+ 00 O O e� p rj f�0 �AA CC, rf u ° o d w v .a r_9 � M Cl) W O N O � z � C �i a a � o 0 0. � 5 z p W ay EX � p � u c3�b8z co _ 8 M ~ a � n 0 E �r a z :i ro m .t� G1 Z iq owe in 16D2 a In 8 COLLIER COUNTY LIBRARY OUTREACH SPECIALIST I LIBRARY OUTREACH SPECIALIST II DEFINITION 16D2 ',, To perform professional analytical and technical work in a variety of outreach program areas including research, database development, program administration, community networking, and customer referral. DISTINGUISHING CHARACTERISTICS Library Outreach Specialist I —This is an entry level class in the Library Outreach Specialist series. Positions at this level typically perform similar duties as the Library Outreach Specialist II, but are not expected to perform with the same independence and judgment on matters related to established procedures and methods. This class is typically used as a training class in that positions may have only limited work experience. Library Outreach Specialist H —This is the full journey level class within the Library Outreach Specialist series. Positions at this level are flexibly staffed and are normally filled by advancement from the I level, or, when filled from the outside, require prior employee training and experience. Appointment to the II level requires that the employee be performing the full range of duties as assigned independently, and meet the qualification standards for the class. The Library Outreach Specialist II level receive only occasional instruction or assistance as new or unusual situations arise, perform the full range and scope of duties assigned to the class, and are fully aware of the operating procedures and policies of the work unit. SUPERVISION RECEIVED AND EXERCISED Library Outreach Specialist I Receives general supervision from a Librarian II or higher. Exercises no supervision, may direct volunteers. Library Outreach Specialist H Receives direction from a Librarian II or higher. Exercises no supervision, may direct library assistant staff or volunteers. COLLIER COUNTY Library Outreach Specialist (Continued) ESSENTIAL AND MARGINAL FUNCTION STATEMENTS — Essential and other important responsibilities and duties may include, but are not limited to, the following: Essential Functions: Research, develop, organize, and provide information and referral services. 2. Devise systems and methods for organizing and retrieving community and government information. 3. Create and provide programs and activities to promote information and referral and outreach services. 4. Compile formal and informal reports indicating progress of the work unit toward the library's objectives. 5. Answer requests for information from the public, outside agencies, and library and county employees. 6. Implement current professional techniques in data and on -line searches and database development. 7. Assist customers in the use of the Library and its services. 8. Organize and participate in staff and public meetings. 9. Assist those contacted I the course of the day in an effective, efficient, and professional manner. 10. Provide access to library services for individuals and groups who have special needs. 11. Plan, publicize, and present programs for all ages. Marainal Functions: Perform related duties as assigned. .r� COLLIER COUNTY Library Outreach Specialist (Continued QUALIFICATIONS Library Outreach Specialist I Knowledge of: The practical application of computer operations and procedures. Principles and practices of accurate record keeping. Principles and practices of providing effective customer service and public relations. Modem office procedures and practices. Basic research, electronic resources, and reference skills. Customer relations and interviewing techniques. Ability to: Analyze problems, identify alternative solutions, project consequences of proposed actions, and develop recommendations in support of goals. Establish and maintain effective working relations with library personnel, customers, and employees of community agencies and organizations. Learn Library/County operations and services. Collect, compile, and analyze information and data. Maintain a variety of files and records. Communicate clearly and concisely, both orally and in writing. Experience and Training Guidelines Any combination of experience that would likely provide the required knowledge is qualifying. A typical way to obtain the knowledge and abilities would be: Experience: Previous responsible customer service and /or community service and/or public relations experience. Training: High school diploma or equivalent. Related work and/or experience in social service is preferable. Requires knowledge of computers, excellent customer service skills, public speaking, and communication skills, including a strong knowledge of English usage. COLLIER COUNTY Library Outreach Specialist (Continueco Library Outreach Specialist II In addition to the qualifications for Library Outreach Specialist I: Knowledge of: Community and local organizations and agencies. State and federal programs and resources of benefit to the community. Principles and practices of library science. Techniques of analyzing client needs and interests. Ability to: Ems► , Communicate clearly and concisely, both orally and in writing. May require similar second language capabilities. Design and implement a variety of library and outreach activities, services, and programs. Prepare and present comprehensive reports. Experience and Training Guidelines: Any combination of experience that would likely provide the required knowledge is qualifying. A typical way to obtain the knowledge and abilities would be: Experience: One year of responsible professional outreach service experience, preferably within Collier County. Training: High school diploma or equivalent supplemented by work experience or college level courses in education, social services, or a closely related field. WORKING CONDITIONS Environmental Conditions: Office environment; exposure to computer screens. Quote Generated for Gateway Professional V933 -"Page 1 of 2 1602 1 Quote Number: 230202040FLORIDA Contract #: State Contract #250- 040 -99 -1 Fed LD# 46- 0458879 Date/Time: 02/02/2001 14:36 EST Sales Representative: 800- 779 -2000 Comments: Processor. Intel® Pentium® III Processor 933MHz Memory: 128MB SDRAM expandable to 256MB (Promotional price Through 2/09/01) Monitor: EV910 19inch Color Monitor (I8.Oinch viewable area) added: US$ 103 Case: Micro Tower Keyboard: Millennium 104+ keyboard Mouse: PS /2 Mouse and Gateway Mouse Pad Operating System: Microsoft® Windows 2000 Professional added: US$99 Expansion Slots: 4 PCI Floppy Drive:- 3.5inch 1.44MB diskette drive CD -ROM. 20X min. /48X max. CD -ROM drive Hard Drive: 20GB Ultra ATA hard drive Video: Integrated Intel® 3D Graphics Sound System: Integrated Business Audio Speakers: Cambridge SoundworksO GCS -300Tm Speakers added: US$18 Modem: 56K PCI Modem for Windows® 2000 or Windows® NT added: US$23 Network Adapter: Not Selected subtracted: US$9 Restoration Software: Go Back Standard Anti -Virus Software: Norton 2001 Application Software: Microsoft® Office 2000 Small Business Limited Warranty Program: 3 Years Parts & Labor Limited Warranty, 1 Year On- Site Service, Limited Hardware & Software Tech Support as long as you own your system Training: GatewayTN Online Training Subscription added: US$99 Base Price: US $1121 Configured Price:, US $1454 Quantity: 7 Total Prke:US $10178 Prices and specifications are subject to change without notice or obligation. Sales tax, shipping 6 handling will be collected where applicable: . Please Print and attach this quote to your purchase order. Terms and Conditions of sale and limited warranty http: / /www. gateway. com /cgi- bin/gen_quote.pl 2/2/2001 f� 1 Office Depot Online - Product SKU Level Page 1 of 2 Home Register Login Site Map Help 6 First Time Guest ro>lrt w * prro of Air04*0pf o small " Super Find aToner / InkOrder By My Saved 0 Item(s) Order $50.00 more Values Store Quickflnd Item # Lists Subtotal: $0.00for FREE DELIVERYI Home > Al Products > Technology > Stamps.com > [Printers & AII- In -Onesl > [Hewlett Packard InkJet Printersl > Hewlett Packard DeskJet 648C Color Printer Hewlett Packard DeskJet 648C Color Y:. >'> Printer HP's vibrant color printer for PC and Mac. When you need affordable versatility, look to the HP Desk3et 648C color printer. Connecting this printer to your PC or USB connect Mac is a snap. Plus, Included black and color cartridges mean you won't need to swap print cartridges - -in no time you'll be adding vibrant color and rich black text to all your home projects. List Price: $116.00 Our Price: $99.99 Units: each In stock Quantity: Product Details Item # 421831 Manufacturer C6466AA2L black.an,4 white print 600 x 600 dpi resolution black and white print 6 ppm speed cable included no color print 600 x 300 dpi resolution color print 3 ppm speed depth 16" Ethernet ready no .� It http : / /www. offi cedepot. com lshop /catal oglsku. asp ?B C =3 %3 A 16 %3 A 1604 %3 A 1604006 %3... 1/31/2001 40 �a VENDOR NUMBER: 194360 1987 ITDD INET 30 PURCHASE ORDER PAGE SEND INVOICES TO: 10373. BOARD OF COUNTY COMMISSIONERS ATTN: FINANCE DEPARTMENT 02/06/( P.O. BOX 413016 CaR06R )0ATE NAPLES, FLORIDA 34101 -3016 ORIGINAL DATE 02/06/1 SHIP TO NUMBER: 000051 1602 COLLIER COUNTY PUBLIC LIBRARY ESTATES - BRANCH 1266 GOLDEN GATE BOULEVARD, WEST 34112 NAPLES, FL „,T 33964 DESTINATION 129- 156110- 651930 -33014 7.00 EA 129.9900 909.9 SCHIEDER- POWER - COMPUTER WORKCENTER 1122 -38 MAPLE SR'S ON LINE GRANT riJ TAX EXEMPTION (FL.) NO. 21 -07 -019995 -53C TOTAL 09.93 This Order Subject to the Following Conditions This Purchase Order is considered to be a single contract. Payment will be made upon completion of total order. No partial payments will be made without proper aut horizatio Purchase Order Number must appear on all invoices, packages, or correspondence. The County reserves the right to cancel any portion of this order if not filled as specified. Defective goods will be promptly returned at your expense And credit taken. The Vendor agrees to reimbursement of travel expens@s in accordance with Florida Statute Chapter 112.061, Per Diem and Travel Expenses of Public Officers, employees ai authorized persons. Payment will be made only in accordance with this order, corrections or price adjustments must be authorized by the Purchasing Director prior to shipment of good Discounts of prompt payment will be computed from date of receipt of goods or from date of receipt of invoices, whichever is later. It is agreed, that goods delivered shall comply with all federal, state, or local laws relative thereto, and that the vendor shall defend actions or claims brought and save hamhle: the buyer from loss, cost, or damage by reason of actual or alleged infringements of letter patent. All shipments to be FOB Destination. I. Unless the Vendor indicates otherwise, initiation of work shall constitute acceptance of the Purchase Order ipoklqng all attachments. BY PU ASING AGENT F. ELD 1602 °URCHASE ORDER NO. FIELD PURCHASE ORDER 352571 l C . SEND INVOICE TO: BOARD OF COUNTY COMMISSIONERS ATTN: FINANCE DEPARTMENT P 0 BOX 413016 NAPLES- FL 33941-3016 -------------------------------------------------------------------------------- TOTAL AMOUNT: I REQUESTING DEPARTMENT: I BID NUMBER: I EXP. DATE: 299.94 I 1 561 10 I I --- - - - - -- ----------------------------------------------------------------------- =PO DATE: I REQUESTED BY: I TELEPHONE NUMBER:( 12/20/00 I LHP I ITHIS PURCHASE --------------------------------------------- ------------- - - - - -- (ORDER IS NOT PURCHASING USE ONLY [VALID IN EXCESS ::ATEGORY CODE: FPO TYPE: B IOF $500.00 iOLD (Y /N): N 1099: 1 -------------------------------------------------------------------------------- dENDOR NO.: 179920 I SHIP TO: 000030 SAM'S CLUB I COLLIER COUNTY PUBLIC LIBRARY 2550 IMMOKALEE ROAD I MAIN BRANCH - ^- - VAPLES FL 1 650 CENTRAL AVENUE 341101410 [ NAPLES, FLORIDA I I 34102 -------------------------------------------------------------------------------- REMARKS: I TAX EXEMPTION (FL.) NO. 21 -07- 019995 -53C I------------------------------------------ I TERMS: NET 30 IPURCHASING --------------------------------------------------------------- - - - - -I USE ONLY STOCK NO. I ACCOUNT TO CHARGE I QTY (UNIT PRICEIUOMI AMOUNT I - - - - - - - - - - - - - - - - - - - - -------------------------- - - - - -I COMMODITY DESCRIPTION I CODE --------------------------------------------------------------------------------- 129- 156110 - 651930 -33014 6.00 49.9900 EA 299.94 I TASK CHAIR WITH REMOVABLE ARMS I JUST: NEEDED FOR NEW OFFICE TOTAL 299.94 FIELD PURCHASE ORDER NUMBER APPEAR ON INVOICES, PACKAGES AND CORRESPONDENCE RECEIVED BY: DEPT. APPROVAL: (SIGNATURE) �LiGC�G� (SIGNATURE) THIS PURCHASE OR ER IS NOT VALID FOR PURCHASES IN EXC SS OF $500.00 16D2 I. PARTNERSHIPS 30 FRIENDS OF THE LIBRARY of COLLIER COUNTY INC. P.O. BOX 2921 Naples, Florida 34106 941 262 -8135 March 9, 2001 1602 Mr. John Jones, Director Collier County Public Library 650 Central Avenue Naples, Florida 34102 Dear Mr. Jones: The Friends of the Library of Collier County, Inc. recognize the value of improving access to the Library and its services to inform and enhance the lives of older adults. We support Senior ON -Line for the Collier County Public Library as a program partner. We will assist the Library in forming a Project Advisory Group, support its effort to provide older adults with education, training, and exposure to computerized library information and the Internet, and commit 10,000 in matching funds to this grant. Yours truly, Jay L. Wolff President Helping your library help you CANTERBURY HOUSE ASSISTED LIVINO 1602 DIANA L. GUALARIO, R.N. ADMLNLSTRATOR March 12, 2001 Ronney D. Cox Outreach Specialist II /Grant Coordinator Collier County Public Library Estates Branch 1266 Golden Gate Blvd. West Naples, FL 34120 Dear Ms. Cox: Thank you for considering Canterbury House as a participant in your outreach program, Seniors On -Line. My staff and I support your program whole - heartedly as it would greatly benefit our residents_ We will gladly provide the needed space for a workstation in our facility and work with the Library for a successful Program. I look forward to hearing from you and learning what we need to do to get started with Seniors On -Line. zf Sincerely, Diana L. Gualario LOCATIONS: 707 VINEYARDS BOULEVARA. NAPLES, FL 34119 (541) 455 -747- FAX (941) 353 -5073 10 SEVENTH STREET, BONITA SPRINGS, FL 34134 (941) 992- 85',!" FAX (941) 992-4513 BUSINESS MASL: 551 NEAPOLITAN LANE. NAPI.FS, PL 34103 TOTAL P.02 ManorCare at Lely Palms 1000 Leh, Palms Drive Naples, Florida 34113 941 - 775 -7661 941- 775 -9085 I-ax March 7. 2001 Ronney Cox Collier County Public Library [,:states Branch 1266 Golden Gate Blvd. West Naples FL. 34120 Dcar Ronney: FIT.// %lam 16D2 Thank you for the information regarding the Seniors On Line program. We would be very interested in becoming a Program Partner. The increased access to the Library materials and the internet in general should be very popular with our residents. We would be happy to make the computer accessible to our residents and the Library staff for their help in implementing the program. 'There is space available. probably in our Library, for the computer workstation as you described. Please let me know iftherc is anything else I can do to be helpful with implementing the program at our facility. I look forward to hearing from you. Sincerely. •II/ . � Ted Kolva Executive Director ManorCare at Lely Palms Retirement Center An HCR Manor Care Company ManorCare Health Services - Naples 3601 l.akcwOod Boulcv and Naples, Flonda 34112 (941)775 -7757 (941) 775 -5-148 Fay March 7, 2001 Collier County Public Library Estates Branch 1266 Golden Gate Blvd. West Naples, FL 34120 Att: Ronnie Cox Dear Ms. Cox, HCR•ManorCane \lf)_mw Cr Rchab 16D2 Thank you for your recent letter regarding the Seniors On -Line Grant that is available to the older adults in Collier County. We certainly support this project and your consideration of our facility for this grant. Although the majority of our residents would require assistance, a computer workstation with direct access to the library and internet would be another way of being in contact with the outside "world" for them. We appreciate this opportunity and look forward to hearing from you. Sincerely, Pam Behrens Director of Nursing Imperial Health Care Center March 9. 2001 Ronny D. Cox Outreach Specialist II/Grant Coordinator Collier County Public Library Estates Branch 1266 Golden Gate Blvd. West Naples, FL 34120 Dear Ms. Cox: Thank you sending me the information regarding computer access for my residents. I feel that our residents and staff would benefit from this program immensely. I will assist the Library in this effort by making the computer accessible, not only to the residents, but also to the community. Thank you for this consideration. Very Truly Yours, Allison E. Burwin Administrator 900 Imperial Golf Course Blvd. Naples, FL 34110 (941) 591 -48M coo HRIM91 HTIVRH IVTX5iAWT R7C7.TR*T*A YV4 QC:Rn MnW Tn /7T /en v -J, i/ i • V 1 "r-L) 10. 4 1 r:.& 0414144)04 ( 1.Gt,hblKl l l duubb 1] 002 Ms. Ronny Cox Seniors On -Line Program Collier County Public Library VIA FACSIi LE Dear RonneY 16D2 o SUMMER N-OUSE usisTEo uvixs On behalf of the residents hem at Summerhouse, I am excited to ex=d our crxumiunent via this letter in support of the Seniors On-L= Program, We fully understand the value in our residents having access to the irrtemet and to computer technology in general. Our intention, if chosen to participate, is to dedicate a convenient location in our community as our computer center fvr our residents to easily utilize. As friends of the library, we intend to make the computer center available for training and general use by selected groups of the library wW Seniors On -Line, Please feel free to contact me if you need fiuther information_ Again, ft& you for considering Summerhouse. We can't wait to participate. sincerely, Ieiba�Cr Straub >�itti� poor 101 Cows Woyfusr Noples, florW 34110 Phom 941 -514 -0300 F0941-514-0547 iic *4AL08546 Aw MAO MERRILL GARDENS 1602 a t N a p l e s March 7, 2001 Collier County Public Library 1266 Golden Gate Blvd., West Naples, Fl 34120 Attention: Ronney D. Cox Dear Ronney, Thank you for asking our Retirement Community to apply for The Seniors On -Line Grant and becoming a Program Partner. Our residents no longer drive, and rely on us for all their needs. They could enjoy access to the Library and it's services without ever having to leave home! We have just recently taken over this property and are always looking for ways to offer our facilities to the public. It would be a wonderful marketing tool for us to offer computer training to senior citizens in the area. Our community has two libraries that could be utilized as a permanent computer station for residents and other senior citizens. I am excited about the possible services this will bring to our residents and the Naples community. Sincerely, __ea� Bob Hazlett 44— General Manager 1710 SW HEALTH PARKWAY NAPLES, FL 34109 TEL: 941 -598 -1213 FAX 941- 596 -2335 WEB: www.merrillgardens.com UJr UO, U1 10. U 1 VAA 4211 Jac 14ba) MAA-rn JGUALL Itwo (martgadon of Auto 39W, ant. 991 Whumberry Drive Mww island, FL 34145 Plwne: 941- 64240800 Fax: 941 -642 -1031 March 8, 2001 Ms. Roney D. Cox Collier County Public Library 1266 Golden Gate Blvd., West Naples, FL 34120 Dear Ms. Cox; 4W u 1 Rabbi toward Greemesn. PIED, DD Canwhal Soloist Had Jaen ONipR■w 16D2 I have read with great interest you letter describing the "Seniors On- Line" program. I am currently president of the Jewish Corlgr`egation of Mam Island, a religious institution trade up largely of senior citizens. $ased on my 'limited knowledge of the level of computer once of our congregants, I would say a program of the nature you describe would be both very valuable and well received. Our facilities lend themselves well to a classroom tYpe learning that could include members of the larger community While any decision to participate in this We of program. (should it maW ighm) would have to be the deaWon of our flout ofDirectors, I can assure you Of Our interest in exploring it fifftim. 1 look forward to hearing from You. MAR -09 -2001 12:49 AM SENIOR CONNECTION NAPLES Senior Connections of S.W. F1. 555 Cowboy Way Labelle, Flgrida To: Whom it may concern 19414533143 P.01 16D2 ., 3 -7 -Q1 Senior Connections of S.W. Fl, is committed to a partnership with Collier County Public Library, to provide the "seniors in Line Program ". The seniors who come to Our Place Senior Center are very interested in becoming computer literate. Many of our seniors do not have access to the library and its services due 1�o distance, their handicaps and the lack of transportation. This program will allow them the opportunity to improve their quality of life through knowledge and communicating with family and friends. please feel free to contact me should you have any questions or need more information sincerely, 9 $$rbara Stratton Area Supervisor Senior Connections of S.W. P1. (9he Lteau ...to the March 2, 2001 Ms. Ronney D. Cox Outreach Specialist II/Grant Coordinator Collier County Public Library Estates Branch 1266 Golden Gate Blvd., West Naples FL 34120 RE: Seniors On -Line Dear Ms. Cox: )n9s a ( (_7 �, Cafiles ddon 16D2 Our facility would like to participate in the Seniors On -Line program. We have many residents who-would benefit from the access to the Library and it's services that this program would provide. We are willing to provide space for the computer workstation and would be happy to assist the Library by making the computer accessible to the Library so they may offer training opportunities to our residents, staff, and other senior citizens who may wish to participate in this program. Sincerely, lira ICI +� 4Regin#a H. Dnesbach Executive Director of Operations /Administrator RHD:llh 130 Moorings Park Drive Naples, Florida 34105 lC'EDIT4r�Oti ONTINWNG ARE �O tintIss� °� (941) 643 -9133 Fax (941) 643 -9134 r 1 I "Il tKJ DL11YU JtKVV Charlie Crist C om miss i one r March S, 2001 ILL - I "Idf UO U1 FLORIDA DEPART N NI ENT OF I:I MA ION Division of Blind Services Ms, Ronney Cox Collier County Public Library Estates Branch 1266 Golden Gate Blvd, w. Naples, Fl_ 34120 Dear Ms. Cone: 1r to NU.UIU r'.ul SheiTy L. Stranahvi District Administrator 16D2 i wnoxe- neanediy recommend dial. yuur LuU a PAuyy w al it i,,a µ,► di►,uca W D-cl vc the needs of the senior citizens In Collier County. My agency provides computer trainino to SAP whn are visually impaired in Co filler County. We have an excellent computer Instructor who works with our rilents in their own home on an Individual basis. More and more seniors are . becoming interested in learning how W use Computers especially to Communicate with friends and family members through e-mail and to look up a vast array of . information on the Internet. The software availabl+~ to visually Impaired people can enlarge the print, talk, or a combination of the two, as well as raping dictation ablilty. I fully support your efforts In enabling seniors to have access to computers and wish you continued success in your program. Sincerely, 4 Cindy Weinstock Senior Rehabilitation Specialist 2M \Flakier Avm=. Suite 207, Fe bursa. Florida 33916 - 941/ $ &7 34 - Tart Free i. M21U190 - FAX 941/27& -7351 Rod& TeUpho= Relay+ Syyttam CMD)1- M#15 -Mi 16D2 ., G. CERTIFICATION REGARDING DEBARMENT ETC. 31 16D2 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION LOWER TIER COVERED TRANSACTIONS This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 45 CFR 1183.35, Participants' responsibilities. The regulations were published as Part VII of the May 26, 1988 Federal Register (pages 19160- 19211). Copies of the regulations may be obtained by contacting the person to which this proposal is submitted. (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON REVERSE) (1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. (2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. *.t..` tip+► Imm i Attest as to Chairman's t: -' si9Aature only. f.ij( C•t 1r..T;�i �ijT �. -„ ... �.pprov s3 Mani County Aitarnes 30 INSTRUCTIONS FOR CERTIFICATION 1602 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion -Lower Tier Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List (Telephone Number). 8. Nothing contained in the foregoing 'shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntary excluded from participation in this transaction, in addition to other remedies available to the federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. ED Form GCS-M, 6/88 33 PROJECT: Golden Gate Walkway /00164 PARCEL: 606 FOLIO: 00297120007 PURCHASE AGREEMENT . 003 ' ,1 THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement ") is made and entered by and between JENNIFER M. ROWLAND, a single person, and MARGUERITE R. JOY, a single person, (hereinafter collectively referred to as the "Owner "), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, (hereinafter referred to as the "Purchaser "); WHEREAS, the Purchaser requires a fee estate in that land (hereinafter referred to as the "Property") located in Collier County, State of Florida, and being more particularly described as follows, to wit: THE EAST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Owner desires to convey the Property to the Purchaser on the terms and conditions set forth herein; and WHEREAS, the Purchaser has agreed to compensate the Owner for conveyance of the Property. NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. Owner shall convey the Property to Purchaser by warranty Deed for the sum of Eighty Thousand Dollars ($80,000.00). The Owner accepts the above payment as full compensation for the Property interests taken and for any damages resulting to the remainder, if less than the entire property was taken and for all other damages in connection with said Property, including any attorney fees and costs provided by Chapter 73, Florida Statutes. 2. Purchaser shall pay Owner for the Property by County Warrant (said transaction hereinafter referred to as the "Closing "). 3. Both Owner and Purchaser agree that time is of the essence in regard to the closing and that, therefore, said closing shall occur within sixty (60) days of the execution of this Agreement by Purchaser. At closing, Purchaser shall deliver the County Warrant to Owner and Owner shall deliver the required conveyance documents to Purchaser in a form acceptable to Purchaser. Owner shall remove, within forty -five (45) days after closing, any and all property, goods and chattels which are located on the Property. Purchaser shall provide a list of items to be removed, if any, at closing. Owner shall indemnify and hold Purchaser harmless from any costs in connection with the relocation of the identified items. 4. Owner shall pay its pro -rata share of taxes, assessments, or other term expenses of the Property, if applicable, through the day before the closing. 16D3 6. Owner shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. The Owner will, if title is found unmarketable, use diligent effort to correct defect(s) in the title within the time provided therefor including the bringing of necessary suits. Any and all documents to clear title to the Property shall be provided to Purchaser on or before the date of closing. 7. Owner represents that the Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the Property except as specifically disclosed to the County; that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property to be sold to the County, that the seller has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. This provision shall survive closing and is not deemed satisfied by conveyance of title. 8. Owner hereby agrees that it shall indemnify, defend, save and hold harmless the County against and from, and to reimburse the County with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the County by reason or arising out of the breach of owner's representation under Section 7. This provision shall survive closing and is not deemed satisfied by conveyance of title. 9. Conveyance of the Property, or any interest in the Property, by the Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and this written agreement, including all exhibits attached hereto, shall constitute the entire agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 10. Owner is aware and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 11. The Purchaser shall pay for all costs of recording the conveyance documents. All other costs associated with this transaction including, but not limited to, transfer, documentary and intangible taxes, and costs for any curative instruments shall be borne and paid by Owner. Owner shall be responsible for paying any costs and /or fees associated with the obtaining and recording of a Subordination, Consent & Joinder of Easement and /or Partial Release of the mortgage(s) recorded against the Property from the mortgagee(s). The cost of a title commitment shall be paid by Purchaser. 12. If the Owner holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before the Property held in such capacity is conveyed to Purchaser. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 13. This Agreement is governed and construed in accordance with the laws of the State of Florida. 14. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. Date Pro�ec Acquisition Approved by BCC: Z 7.6/ AS TO PURCHASER: DATED: ATTE$T'' DWIGHT E. BROCK, Clerk ! � Deputy Clerk A'ttest. as'-to Chairman's signaiti ure only. AS TO OWNER: DATED:_ I L2.3 le) i WITNESSES: I/ �� irs u , ��ti�� �— (Ft Witness Signature) IF-LLA --bVcRAK (Pripted Name) (Se and Witnes Si nature) Lu,,,4 rn, -, (Printed Name) (First Witness Signature) LE «it - -DVOKA K (Pri d Name) (Second Witness ignature) ,t /4- ��- (Printed Name) Approved as to form and legs" uffic' ncy: j Ellen T. Chadwell Assistant County Attorney i.i BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLO BY: JAME . CARTER, Ph.D., Chairman NIFER I ROWLAND ddress: 1436 NE 17th Terrace Ft. Lauderdale, FL 33304 A,qGUERITE Y A d ess: 1301 i er Reach Drive Apt. 310 Ft. Lauderdale, FL 33315 16D5 MEMORANDUM Date: March 28, 2001 To: Leo Ochs, Administrator Public Services From: Teri Michaels, Deputy Clerk Minutes & Records Department Re: Limited Use License Agreement Enclosed please find two original documents as referenced above, (Item #16D5), as approved by the Board of County Commissioners on March 27, 2001. Kindly forward these agreements to the City of Naples Junior Chamber of Commerce for the required signature, and return one (1) fully executed original to Minutes and Records. If you should have any questions, please call me at 774 -8406. Thank you. Enclosures (2) 16D5 LIMITED USE LICENSE AGREEMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, AND THE NAPLES JUNIOR CHAMBER OF COMMERCE, INC., A NOT - FOR - PROFIT FLORIDA CORPORATION, APPROVING USE OF SPECIFIED COUNTY - OWNED PROPERTY FOR CONDUCTING A JULY 4T" FIREWORKS FESTIVAL. This is entered into this day of ati� , 2001 by and between the Board of County Commissioners, Collier County, Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "Board ", and Naples Junior Chamber of Commerce, Inc. (Naples Jaycees) not - for - profit Florida corporation, whose mailing address is P.O. Box 10416, Naples, Florida 34102, hereinafter referred to as "Organization ". WHEREAS, the Organization requests the use of County -owned land for the purpose of holding activities for conducting a Naples Jaycees July 4th Festival and Fireworks Display to be held on July 4, 2001. WHEREAS, the Board is willing to approve the use of County -owned land for such purposes as are specified herein: NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. The Board hereby approves the use of a portion of County -owned property identified as Sugden Regional Park as shown in Exhibit "A" attached hereto and made a part hereof, hereinafter referred to as the "Property" for the purpose of holding activities for a July 4th Festival, hereinafter referred to as the "Event ". The Board hereby grants the Organization the right to photograph, record, televise, broadcast, distribute, exhibit, advertise and promote the Event. The Board has rights to use pictures for promotion of this program. Use of the Property by the Organization shall be from July 2"d through July Stn 2. The organization shall be responsible for all on and off -site Event operations and revenue as well as the administration of all revenue derived from the Event. The Organization shall have the sole right and responsibility with respect to the granting of concessions (such as food, beverages, programs), sponsorship and merchandising rights and the revenue therefrom subject to approval of the Public Services Administrator. 3. The Organization shall monitor, control and assume responsibility for all activities, vendors, licensees, and invitees associated with holding of the Event, such responsibility not being limited to trash collection and clean -up of the Property. Repair of damaged areas will be at the expense of the Organization. Board shall not be obligated or required to improve, repair, or maintain the Property or any part thereof in any manner whatsoever. 4. The Organization shall acquire all permits required by Collier County and any other governmental entity to conduct such an event and related activities on the Property. The Organization shall ensure clean up of the Property by close of business on July 5 th 5. Prior to making any changes, alterations, additions or improvements to the Property, the organization shall provide to the Parks and Recreation Department, in writing, all proposals and plans for alterations, improvements, changes or additions to the Property. The Organization covenants and agrees in connection with any maintenance, repair work, erection, construction, improvement, addition or alteration of any authorized modifications, additions or improvements to the Property, to observe and comply with all present and future laws, ordinances, rules, regulations, and requirements of the United States of America, State of Florida, County of Collier, and any and all governmental agencies. All permanent alterations, improvements, 1605 and additions to the Property shall, at once, when made or installed, be deemed as attached to the freehold and to have become the property of Collier County and shall remain for the benefit of the County at the end of the term set forth in this agreement in as good order and condition as they were when installed, reasonable wear and tear excepted; provided, however, if Board so directs, the Organization shall promptly remove all portable and non - permanent additions, improvements, alterations, fixtures and installations which were placed in, on, or upon the Property on behalf of the Organization, and repair any damage caused to the Property by such removal. 6. Organization agrees that the Event will be managed in such a way as to comply with all other Collier County ordinances, codes and Parks and Recreation Department policies. In particular, the event noise, except the fireworks themselves, will be managed to limit any sound amplification to meet the Collier County Noise Ordinance. There shall be no on -site sales, promotion, or consumption of, alcoholic beverages within the park boundaries. There shall be no on -site sales and promotion of any tobacco product within the park boundaries. 7. Organization agrees to: A. Provide on or before March- 30th to the Parks and Recreation Department and appropriate Development Services staff an application for a special events permit. A logistical schedule of events (e.g. deliveries, set -up, clean up, etc.) will be included within the special events permit application package. B. Meet on the Property on or before June 4, 2001 with representatives from the Collier County Parks and Recreation Department, the East Naples Fire Control District, the Collier County Sheriff's Department and Collier County EMS. The Organization will have or will have provided in advance of the meeting: 1. Fire Retardant Certificates and safety inspection for all tents to the East Naples Fire Department; 2. A copy of the certificates of all insurance required by this agreement, 3. A security, parking and pedestrian crossing plan agreed to in writing by the Collier County Sheriff's Department, 4. Written confirmation for on and required off -site fire protection from the East Naples Fire District and /or other authorized County Fire Districts, 5. Written confirmation for on -site Emergency Medical Services from the Collier County EMS Department, and 6. A copy of the organization's "Chairman's Planning Guide ". 8. Organization agrees to manage the Event as outlined within the Chairman's Planning Guide prepared by Organization. Such plans shall be made a part of this Agreement. Revisions to the Chairman's planning Guide after the meeting of June 4, 2001 referenced in paragraph seven (7 -B) will require the review and approval of the Public Services Administrator. Should inclement weather require cancellation of the event on July 4th, such a decision will be made in conjunction with the Organization and the Public Services Administrator as agreed to by the Organization and the Public Services Administrator, July 5, 2001. All subsequent dates of this agreement will be adjusted accordingly. 9. The Organization agrees that all persons involved with the handling of fireworks will be qualified personnel and all persons involved with the igniting of fireworks will be licensed pyro- technicians. In addition the Organization agrees that a professionally produced fireworks show with a minimum value of $25,000 will be provided. 10. Organization shall indemnify, defend and hold harmless Board, its agents and employees from and against any and all liability (statutory or otherwise), damages, claims, suits, demands, judgments, costs, interest and expenses (including, but not limited to, attorneys' fees and disbursements both at trial and appellate levels) arising, directly or indirectly, from any injury to, or death of, any person or persons or damage to property (including loss of use thereof) related to (A) Organization's use of the Property, (B) any work or thing whatsoever done or any condition created ibo5 1,; (other than solely by Board, its employees, agents or contractors) by or on behalf of Organization in, about, on or with the Property, (C) any condition of the Property due to or resulting from any default by Organization in the performance of Organization's obligations under this Agreement, and (D) any act, omission or negligence of Organization, its agents, contractors, employees, subtenants, licensees or invitees. In case any action or proceeding is brought against any of the above by reason of any one or more thereof, Organization shall pay all costs, attorneys' fees, expenses and liabilities resulting therefrom and shall defend such action or proceeding if Board shall so request, at Organization's expense, by counsel reasonably satisfactory to Board, except where such damage or injury is the result of the gross negligence or willful misconduct of the Board or its employees 11. The Organization accepts the property "as is." The Board shall not be liable for any injury or damage to any person or property caused by the elements or by other persons on the Property, or from the street or sub - surface, or from any other place, or for any interference caused by operations by or for a governmental authority. 12. The Board shall not be liable for any loss of property, including loss due to petty theft of any property occurring on the Property or any part thereof. The Organization agrees to hold the Board harmless from any claims for damages, except where such damage or injury is the result of the gross negligence or willful misconduct of the Board or its employees. 13. (a) Organization shall provide and maintain special event general liability and property liability insurance policy(ies), approved by the Collier County Risk Management Department for not less than One Million Dollars and No /Cents ($1,000,000) combined single limits during the term of this Agreement. Organization shall provide and maintain Worker's Compensation Insurance covering all employees meeting Statutory Limits in compliance with all applicable laws. (b) Collier County shall be listed as additional insured on the commercial general liability policy. Evidence of such insurance shall be provided to the Collier County Risk Management Department, 3301 East Tamiami Trail, Administration Building, Naples, Florida, 34112, for approval prior to the commencement of this Agreement; and shall include a provision requiring ten (10) days prior written notice to Collier County c/o County Risk Management Department in the event of cancellation or changes in policy(ies) coverage. Board reserves the right to reasonably amend the insurance requirements by issuance of notice in writing to Organization. Upon receipt of such notice, Organization shall have ten (10) days in which to obtain such additional insurance. 14. This Limited Use License Agreement shall be administered on behalf of the Board by and through the Collier County Parks and Recreation Department. 15. It is the responsibility of the Organization to properly notify the general public of closed roads and designated parking areas. In particular notification shall be provided to all homes located on Outer Drive, Lombardy Lane, Dale Avenue, Pineland Avenue, Cindy Avenue, Mohawk Place, Mindi Avenue, Rose Avenue, and Poplar Way. The Organization shall ensure that the park and all park facilities remain open and accessible to the public. 16. This Agreement is not assignable. Any attempt to assign shall be void ab initio. 17. The Rental Rate for the festival is $ 800, which was waived by the Board on October 10, 2000. 18. This Agreement represents a bare license for the Organization's use of the property and does not convey any estate in the Property or create any interest therein whatsoever. 19. The Organization represents and warrants to the Board that no hazardous materials will be discharged to the air, grounds, sewer, or to any septic system on the 1605 Property except fireworks are planned to be discharged in the air and on the ground according to plan. 20. The Organization shall be responsible for paying all taxes and charges associated with or resulting from the holding of this Event. 21. Pursuant to this Agreement, the Board shall provide twenty -five thousand dollars ($25,000) for the Festival. The funding is to be used for permit fees, park fees, entertainment fees, sheriff's department fees, carnival fees and /or fireworks fees. Funds will be paid on a reimbursement basis upon the submission of copies of paid invoices. All invoices will be signed by the President or Treasurer of the Naples Junior Chamber of Commerce attesting that the goods are services indicated by the invoice were received. 22. This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have made and executed this Limited Use License Agreement as of the day and year first above written. AS TO THE ORGANIZATION: NAPLES JUNIOR CHAMBER OF COMMERCE, INC. qtr e o Rob,n�r -1 , President itne (signatur ) (print me) Witness (signature) 01 LC (print name) AS TO THE COUNTY: ' ATTEST; BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DWIGMT,T E. BROCK, Clerk of Courts Qeputy Clerk Attest as to Chairgm•s Jame . Carter, Ph.D., Chairman signature only. �A;17 01 Approved as to form and legal sufficienc For: David C. Weigel County Attorney 4 16E 2 Contract Amendment No. 2 — 97 -2675 "Pre- Employment Physicals and Drug Testing" This amendment dated March 27, 2001 to the referenced Agreement shall be by and between the parties to the original agreement, Naples PHO d /b /a Community Health Partners (to be referred to as "Contractor ") and Collier county, Florida (to be referred to as "Owner'). Statement of Understanding RE: Contract No. 97 -2675 "Pre- Employment Physicals and Drug Testing" The parties named above have agreed upon the following changes to the above - mentioned contract: CDL PHYSICAL (DOT) $55.00 The Florida Department of Transportation medical physical is conducted which entails a brief medical history and physical exam. Vision is tested for near and far sightedness, horizontal vision and color blindness. A urine dipstick is conducted. A Medical Examiners Certificate (DOT Card) will be issued after successfully completing this physical. PRE - PLACEMENT PHYSICAL W /CDL PHYSICAL $78.00 The physician conducts a medical physical that evaluates the candidate's medical condition for employment and CDL medical certification. The candidate's medical history is reviewed. The physician completes the pre - employment physical form and the Florida Department of Transportation medical physical form. Laboratory results are reviewed. A vision screen and urine dipstick is conducted at no additional charge. The DOT card is issued. All other terms and conditions of the Agreement shall remain in force. 16E 2 IN WITNESS WHEREOF, the Contractor and the Owner have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date(s) indicated below. ATTEST: J Corporate 4creju4itaess By:4 �AcLi 3. oc� Dated: ATTEST: > R� D ght E. Brock, Clerk Attest as to Chairman's signature only. Approved as to form and Legal su iency: Robert Z hary Assistant County Attorney WON W. Co , ty Health Partners Allen S. Weiss, MD, Co- Chairman Community Health Partners Laurie Andrea, Co- Chairman Dated: I AA 16 i CORPORATE SEAL BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, F A By: James arter. Ph.D., Chairman � /z7 /d/ MEMORANDUM .6FI Date: March 28, 2001 To: Ken Pineau, Director Emergency Management Department From: Teri Michaels, Deputy Clerk Minutes & Records Department Re: Four Certified Copies of Resolution No. 2001 -91 and the Federally Funded Agreement Enclosed please find four (4) certified copies of Resolution No. 2001 -91 with four (4) original agreements attached which were approved by the Board of County Commissioners on March 27, 2001 (Agenda Item #16F1). Kindly forward the documents to DCA and return one fully executed original to Minutes and Records. If you should have any questions, please contact me at 774 -8406. Thank you. Enclosures RESOLUTION NO. Ol - 91 16FI RESOLUTION AUTHORIZING THE EXECUTION AND ACCEPTANCE OF AN AGREEMENT BETWEEN THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND COLLIER COUNTY WHEREAS, the United States Department of Justice, through the Florida Department of Community Affairs has made funds available to local jurisdictions for the creation of a Terrorism Annex to the Comprehensive Emergency Management Plan, the development of Standard Operating Procedures and the development of an exercise to validate the plan; and WHEREAS, the Florida Department of Community Affairs, by means of the attached Agreement # 01- EO- 01- 09 -21 -01 -013, has agreed to provide Collier County the sum of $ 50,000.00 for the completion of the Scope of Work in Attachment "A" of the Agreement. WHEREAS, the Board of County Commissioners of Collier County, Florida agree that the performance of the subject Agreement is in the best interest of Collier County; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that the Board approve Agreement # 01- EO- 01- 09 -21 -01 -013 between the State of Florida Department of Community Affairs and Collier County as presented to the Board for review and hereby authorize the Board's Chairman to execute the Agreement on behalf of Collier County. This Resolution adopted after motion, second and majority vote in favor of adoption this_9,-tV, day of �.�•c. -�, 2001 BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA By Jain . C airman ATTEST: Dwight E. Brock By: (Deputy Clerk Attest as to Chairsuan's Signature only. Approved as to form and Legal Sufficiency: � ( David"leigel 5T q� , County Attorney Revised: February 26, 2001 16F1'1 Contract Number: 01- EO- 01- 09 -21 -01 -013 CFDA Number: 83.552 FEDERALLY FUNDED AGREEMENT THIS AGREEMENT is entered into by and between the State of Florida, Department of Community Affairs, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Department "), and Collier County, (hereinafter referred to as the "Recipient "). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS: A. WHEREAS, the Recipient represents that it is fully qualified, possesses the requisite skills, knowledge, qualifications and experience to provide the services identified herein, and does offer to perform such services, and B. WHEREAS, the Department has a need for such services, has followed appropriate state procurement procedures, and does hereby accept the offer of the Recipient upon the terms and conditions hereinafter set forth, and C. WHEREAS, the Department has authority pursuant to Florida law to disburse the funds under this Agreement. NOW, THEREFORE, the Department and the Recipient do mutually agree as follows: (1) SCOPE OF WORK. The Recipient shall fully perform the obligations in accordance with the Budget and Scope of Work, Attachment A of this Agreement. (2) INCORPORATION OF LAWS RULES REGULATIONS AND POLICIES. Both the Recipient and the Department shall be governed by applicable State and Federal laws, rules and regulations. (3) PERIOD OF AGREEMENT. This Agreement shall begin upon execution by both parties and shall end September 30, 2001, unless terminated earlier in accordance with the provisions of paragraph (9) of this Agreement. (4) MODIFICATION OF CONTRACT, Either party may request modification of the provisions of this Agreement. Changes which are mutually agreed upon shall be valid only when reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement. All refunds or repayments to be made to the Department under this Agreement are to be made payable to the order of "Department of Community Affairs ", and mailed directly to the Department at the following address: Department of Community Affairs Cashier 16F1 Finance and Accounting 2555 Shumard Oak Boulevard Tallahassee FL 32399 -2100 (5) RECORDKEEPING (a) If applicable, Recipient's performance under this Agreement shall be subject to the federal "Common Rule: Uniform Administrative Requirements for State and Local Governments" (53 Federal Register 8034) and OMB Circular No. A -87, "Cost Principles for State and Local Governments ". (b) All original records pertinent to this Agreement shall be retained by the Recipient for three (3) years following the date of termination of this Agreement or of submission of the final close -out report, whichever is later, with the following exceptions: 1. If any litigation, claim or audit is started before the expiration of the three (3) year period and extends beyond the three (3) year period, the records will be maintained until all litigation, claims or audit findings involving the records have been resolved. 2. Records for the disposition of non - expendable personal property valued at $5,000 or more at the time of acquisition shall be retained for three (3) years after final disposition. 3. Records relating to real property acquisition shall be retained for three (3) years after closing of title. (c) All records, including supporting documentation of all costs, shall be sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Work (Attachment A) and all other applicable laws and regulations. (d) The Recipient, its employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times to the Department, its employees, and agents. "Reasonable" shall be construed according to the circumstances but ordinarily shall mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by the Department. (e) Any additional terms and conditions pertaining to property management and procurement under this Agreement are set forth in Attachment D. (6) REPORTS (a) At a minimum, the Recipient shall provide the Department with quarterly reports, and with a final close -out report, see Attachment B for a Sample Report Form. 2 16F1 (b) Quarterly reports are due to be received by the Department no later than thirty (30) days after the end of each quarter of the program year (beginning with the current quarter in which the Agreement is executed) and shall continue to be submitted each quarter until submission of the administrative close -out report. The ending dates for each quarter of the program year are March 31, June 30, September 30 and December 31. (c) The close -out report is due thirty (30) days after termination of this Agreement or upon completion of the activities contained in this Agreement. (d) If all required reports and copies, prescribed above, are not sent to the Department or are not completed in a manner acceptable to the Department, the Department may withhold further payments until they are completed or may take such other action as is set forth in paragraph (9). The Department may terminate the Agreement with a Recipient if reports are not received within thirty (30) days after written notice by the Department. "Acceptable to the Department" means that the work product was completed in accordance with generally accepted principles and is consistent with the Budget and Scope of Work. (e) Upon reasonable notice, the Recipient shall provide such additional program updates or information as may be required by the Department. (7) MONITORING. The Recipient shall constantly monitor its performance under this Agreement to ensure that time schedules are being met, the Budget and Scope of Work is being accomplished within specified time periods, and other performance goals are being achieved. Such review shall be made for each function or activity set forth in Attachment A to this Agreement. (8) LIABILITY. (a) Unless Recipient is a State agency or subdivision, the Recipient shall be solely responsible to parties with whom it shall deal in carrying out the terms of this Agreement, and shall save the Department harmless against all claims of whatever nature by third parties arising out of the performance of work under this Agreement. For purposes of this Agreement, Recipient agrees that it is not an employee or agent of the Department, but is an independent contractor. (b) Any Recipient who is a state agency or subdivision, as defined in Section 768.28, Florida Statutes, agrees to be fully responsible for its negligent acts or omissions or tortious acts which result in claims or suits against the Department, and agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. M (9) DEFAULT, TERMINATION. 16F1 , (a) If the necessary funds are not available to fund this Agreement as a result of action by Congress, the state Legislature, the Office of the Comptroller or the Office of Management and Budgeting, or if any of the following events occur ( "Events of Default "), all obligations on the part of the Department to make any further payment of funds hereunder shall, if the Department so elects, terminate and the Department may, at its option, exercise any of its remedies set forth herein, but the Department may make any payments or parts of payments after the happening of any Events of Default without thereby waiving the right to exercise such remedies, and without becoming liable to make any further payment: 1. If any warranty or representation made by the Recipient in this Agreement or any previous Agreement with the Department shall at any time be false or misleading in any respect, or if the Recipient shall fail to keep, observe or perform any of the terms or covenants contained in this Agreement or any previous agreement with the Department and has not cured such in timely fashion, or is unable or unwilling to meet its obligations thereunder; 2. If any material adverse change shall occur in the financial condition of the Recipient at any time during the term of this Agreement from the financial condition revealed in any reports filed or to be filed with the Department, and the Recipient fails to cure said material adverse change within thirty (30) days from the time the date written notice is sent by the Department; 3. If any reports required by this Agreement have not been submitted to the Department or have been submitted with incorrect, incomplete or insufficient information; or 4. If the Recipient has failed to perform and complete in timely fashion any of the services required under the Budget and Scope of Work attached hereto as Attachment A. (b) Upon the happening of an Event of Default, then the Department may, at its option, upon written notice to the Recipient and upon the Recipient's failure to timely cure, exercise any one or more of the following remedies, either concurrently or consecutively, and the pursuit of any one of the following remedies shall not preclude the Department from pursuing any other remedies contained herein or otherwise provided at law or in equity: 1. Terminate this Agreement, provided that the Recipient is given at least thirty (30) days prior written notice of such termination. The notice shall be effective when placed in the United States mail, first class mail, postage prepaid, by registered or certified mail - return receipt requested, to the address set forth in paragraph (10) herein; 2. Commence an appropriate legal or equitable action to enforce performance of this Agreement; 3. Withhold or suspend payment of all or any part of a request for payment; 4. Exercise any corrective or remedial actions, to include but not be limited to, requesting additional information from the Recipient to determine the reasons for or the extent of non - compliance or lack of performance, issuing a written warning to advise that more serious measures may be taken if the situation is not corrected, advising the Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or requiring the Recipient to reimburse the Department for the amount of costs incurred for any items determined to be ineligible; and 5. Exercise any other rights or remedies which may be otherwise available under law. 4 16F1 (c) The Department may terminate this Agreement for cause upon such written notice as is reasonable under the circumstances. Cause shall include, but not be limited to, misuse of funds; fraud; lack of compliance with applicable rules, laws and regulations; failure to perform in a timely manner; and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Florida Statutes, as amended. (d) Suspension or termination constitutes final agency action under Chapter 120, Florida Statutes, as amended. Notification of suspension or termination shall include notice of administrative hearing rights and time frames. (e) The Recipient shall return funds to the Department if found in non - compliance with laws, rules, regulations governing the use of the funds or this Agreement. (f) This Agreement may be terminated by the written mutual consent of the parties. (g) Notwithstanding the above, the Recipient shall not be relieved of liability to the Department by virtue of any breach of Agreement by the Recipient. The Department may, to the extent authorized by law, withhold any payments to the Recipient for purpose of set -off until such time as the exact amount of damages due the Department from the Recipient is determined. (10) NOTICE AND CONTACT. (a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery; first class, certified mail, return receipt requested; or e-mail to the representative identified below at the address set forth below and said notification attached to the original of this Agreement. (b) The name and address of the Department contract manager for this Agreement is: Dorann Loehr / Paul Brannigan, Contract Manager Department of Community Affairs /DEM 2555 Shumard Oak Boulevard Tallahassee, FL 32399 -2100 (850) 413 -9972 Fax: (850) 488 -5777 Email dorann.loehr @dca.state.fl.us (c) The name and address of the Representative of the Recipient responsible for the administration of this Agreement is: Mr. Ken Pineau Collier County 3301 E. Tamiami Trail Naples, Florida 34112 Telephone: 941- 774 -8444 Fax: Email: pineaukaamgples.net 16F1 (d) In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be rendered as provided in (10)(a) above. (11) OTHER PROVISIONS. (a) The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Recipient in this Agreement, in any subsequent submission or response to Department request, or in any submission or response to fulfill the requirements of this Agreement, and such information, representations, and materials are incorporated by reference. The lack of accuracy thereof or any material changes shall, at the option of the Department and with thirty (30) days written notice to the Recipient, cause the termination of this Agreement and the release of the Department from all its obligations to the Recipient. (b) This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict, and shall be deemed severable, but shall not invalidate any other provision of this Agreement. (c) No waiver by the Department of any right or remedy granted hereunder or failure to insist on strict performance by the Recipient shall affect or extend or act as a waiver of any other right or remedy of the Department hereunder, or affect the subsequent exercise of the same right or remedy by the Department for any further or subsequent default by the Recipient. Any power of approval or disapproval granted to the Department under the terms of this Agreement shall survive the terms and life of this Agreement as a whole. (d) The Agreement may be executed in any number of counterparts, any one of which may be taken as an original. (e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101 -336, 42 U.S.C. Section 12101 et sea.), if applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation, State and local government services, and in telecommunications. (f) A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of Category Two for a period of 36 months from the date of being placed on the convicted or discriminatory vendor list. D 16F1 (g) With respect to any Recipient which is not a local government or state agency, and which receives funds under this Agreement from the federal government, the Recipient certifies, to the best of its knowledge and belief, that it and its principals: 1. are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; 2. have not, within a three -year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of record s, making false statements, or receiving stolen property; 3. are not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph 11(g)2. of this certification; and 4. have not within a three -year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause or default. Where the Recipient is unable to certify to any of the statements in this certification, such Recipient shall attach an explanation to this Agreement. (12) AUDIT REQUIREMENTS. (a) The Recipient agrees to maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement. (b) These records shall be available at all reasonable times for inspection, review, or audit by state personnel and other personnel duly authorized by the Department. Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. (c) The Recipient shall also provide the Department with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement. (d) In the event that the Recipient expends $300,000 or more in Federal awards in its fiscal year, the Recipient must have a single or program - specific audit conducted in accordance with the provisions of OMB Circular A -133, as revised. In determining the Federal awards expended in its fiscal year, the Recipient shall consider all sources of Federal awards, including Federal funds received from the Department. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A -133, as revised. An audit of the Recipient conducted by the Auditor General in accordance with the provisions OMB Circular A -133, as revised, will meet the requirements of'this part. In connection with the above audit requirements, the Recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A- 133, as revised. 16F1 If the Recipient expends less than $300,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A -133, as revised, is not required. In the event that the Recipient expends less than $300,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A -133, as revised, the cost of the audit must be paid from non - Federal funds (i.e., the cost of such an audit must be paid from Recipient funds obtained from other than Federal entities). 1. The annual financial audit report shall include all management letters and the Recipient's response to all findings, including corrective actions to be taken. 2. The annual financial audit report shall include a schedule of financial assistance specifically identifying all Agreement and other revenue by sponsoring agency and Agreement number. 3. Copies of audit reports for audits conducted in accordance with OMB Circular A -133, as revised, and required by subparagraph (d) above shall be submitted, when required by Section 320 (d), OMB Circular A -133, as revised, by or on behalf of the Recipient directly to each of the following: a. The Department at each of the following addresses: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 -2100 and State of Florida Auditor General Attn: Ted J. Sauerbeck Room 574, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32302 -1450 b. The Federal Audit Clearinghouse designated in OMB Circular A -133, as revised (the number of copies required by Sections 320(d)(1) and (2), OMB Circular A -133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10" Street Jeffersonville, IN 47132 C. Other Federal agencies and pass- through entities in accordance with Sections 320 (e) and (f), OMB Circular A -133, as revised. 4. In the event that a copy of the audit report for an audit required by subparagraph (d) above and conducted in accordance with OMB Circular A -133, as revised, is not required to be submitted to the Department for the reasons pursuant to Section 320(e)(2), OMB Circular A -133, as revised, the Recipient shall submit the required written notification pursuant to Section 320(e)(2) and a copy of the Recipient's audited schedule of expenditures of Federal awards dir_ ej t to the following program address: 0 -�,.. Department of Community Affairs 16F1 Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 -2100 (e) In the event the audit shows that the entire funds disbursed hereunder, or any portion thereof, were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to the Department of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty (30) days after the Department has notified the Recipient of such non - compliance. (f) The Recipient shall retain all financial records, supporting documents, statistical records, and any other documents pertinent to this contract for a period of three (3) years after the date of submission of the final expenditures report. However, if litigation or an audit has been initiated prior to the expiration of the three -year period, the records shall be retained until the litigation or audit findings have been resolved. (g) The Recipient shall have all audits completed by an independent certified public accountant (IPA) who shall either be a certified public accountant or a public accountant licensed under Chapter 473, Florida Statutes. The IPA shall state that the audit complied with the applicable provisions noted above. (h) The audit is due seven (7) months after the end of the fiscal year of Recipient or by the date the audit report is issued by the State Auditor General, whichever is later. (13) SUBCONTRACTS. If the Recipient subcontracts any or all of the work required under this Agreement, a copy of the executed subcontract must be forwarded to the Department within thirty (30) days after execution of the subcontract. The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by all applicable state and federal laws and regulations, and (ii) the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. (14) TERMS AND CONDITIONS. The Agreement contains all the terms and conditions agreed upon by the parties. (15) ATTACHMENTS. (a) All Attachments to this Agreement are incorporated as if set oui fully herein. (b) In the event of any inconsistencies or conflict between the language of this Agreement and the Attachments hereto, the language of such Attachments shall be controlling, but only to the extent of such conflict or inconsistency. 9 (c) This Agreement has the fo f F1 lowing Attachments. A, B, C, D, an E (16) FUNDING /CONSIDERATION. This is a cost - reimbursement Agreement. The Recipient shall be reimbursed for costs incurred in the satisfactory performance of work hereunder in an amount not to exceed $50,000.00 subject to the availability of funds. The Recipient shall use the Sample Reporting form (Attachment B) to record expenditures. (17) STANDARD CONDITIONS. The Recipient agrees to be bound by the following standard conditions: (a) The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216, Florida Statutes or the Florida Constitution. (b) This Agreement can not be extended. (c) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. (d) If otherwise allowed under this Agreement, all bills for any travel expenses shall be submitted in accordance with s. 112.061, Florida Statutes. (e) The Department of Community Affairs reserves the right to unilaterally cancel this Agreement for refusal by the Recipient to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Recipient in conjunction with this Agreement. (f) If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Department or be applied against the Department's obligation to pay the contract amount. (g) The State of Florida will not intentionally award publicly - funded contracts to any Recipient who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ( "INA ")J. The Department shall consider the employment by any Recipient of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Department. (18) COPYRIGHT PATENT AND TRADEMARK. If applicable to this Agreement, refer to Attachment C for terms and conditions relating to copyrights, patents and trademarks. (19) PUBLICATIONS AND PUBLICITY. 10 16F1 If applicable to this Agreement, refer to Attachment E for terms and conditions relating to publications and publicity. (20) LOBBYING PROHIBITION. (a) No funds or other resources received from the Department in connection with this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. (b) The Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all sub - awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all sub - recipients shall certify and disclose accordingly. This certification is a material representative of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code fails to fi Any person the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. (2 1) LEGAL AUTHORIZATION. The Recipient certifies with respect to this Agreement that it possesses the legal authority to receive the funds to be provided under this Agreement and that, if applicable, its governing body has authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all covenants and assurances contained herein. The Recipient also certifies that the undersigned possesses the authority to legally execute and bind Recipient to the terms of this Agreement. (22) VENDOR PAYMENTS. 11 16F1 t, I Pursuant to Section 215.422, Florida Statutes the Department shall issue payments to vendors within (40) days after receipt of an acceptable invoice and receipt, inspection, and acceptance of goods and /or services provided in accordance with the terms and conditions of the Agreement. Failure to issue the warrant within forty (40) days shall result in the Department paying interest at a rate as established pursuant to Section 55.03(1) Florida Statutes. The interest penalty shall be paid within fifteen (15) days after issuing the warrant. Vendors experiencing problems obtaining timely payment(s) from a state agency may receive assistance by contacting the Vendor Ombudsman at (850) 488 -2924 or by calling the State Comptroller's Hotline at 1- 800 - 848 -3792. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their undersigned officials as duly authorized. RECIPIENT: COLLIER COUNTY Agency or Company BY: --94Zt-- James D. Carter, Ph.D., Chairman Board of County Commissioners Date: 70/ FEID# 59- 6000558 ATTEST: Dwight E. Brock, Clerk BY:, I Z (Deputy C er ) Attest as to Chairman's signature only. Approved as to Form a Leal fliciency FOR David Weigel County Attorney STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS M. Joseph F. Myers, Director Division of Emergency Management Attac hment A 16F Scope of Work and Budget I. Scope of Services All municipalities and other local jurisdictions located within Collier County will be encouraged and invited to participate to their maximum extent possible. A. Develop a terrorism annex in accordance with state and federal plans that will address the roles and responsibilities of all appropriate agencies in the event of a terrorist incident. 1. A draft Annex will be submitted to the Department for review prior to the finalization and incorporation of the Annex to the Comprehensive Emergency Management Plan. 2. Incorporate the Annex into the Comprehensive Emergency Management Plan. B. Develop and conduct a table top exercise to test the Terrorism Annex to determine applicability and the ability of first responders to implement the Annex. 1. Develop a play book and schedule timeline 2. Produce exercise materials and aids 3. Introduce and indoctrinate exercise participants 4. Conduct the Exercise 5. Evaluate the Exercise 6. Produce an After Action Report to include participants and evaluations 7. Incorporate 'Lessons Learned' into the Annex 8. Provide Exercise materials (play book, outline, participant list, and After Action Report) to the Department C. Develop Standard Operating Procedures for first responder personnel in the event of a terrorist incident. 1. Draft Standard Operating Procedures will be submitted to the Department for review. II. Budget Information The total funding allocated by the Department is $50,000.00. Funding is allocated for the development of a Terrorism Annex, Standard Operating Procedures and a Table top Exercise of the Annex. A. Payments will be reimbursed based on actual expenses not to exceed $50,000.00, as reported on, at most, a quarterly basis, and indicated by the submission of a report required by Paragraph 6.13. (see Attachment B also), and submission of an approved request for payment. B. A full accounting of the expenditure of the $50,000.00 will be contained in the final close out report as submitted to the Department. This report must be submitted within thirty (30) days of the termination of this Agreement. 13 16F1 Attachment B SAMPLE REPORT FORMAT 1. Project Finances: Include the dates of each report period as specified in the "From / To" column. Enter the amount of funds expended in each budget category during the period (figures should be consistent with invoice amounts). include a brief summary of financial activity during the period as well as an explanation of expenses charged to the "Other" category. First Quarter Report: Second Quarter Report: Third Quarter Report: Fourth Quarter Report: Final Report: 14 16F1 III. Project Activity Narrative: Include a brief description of planning activities during the work period. Be sure to include any meetings attended. Attach agendas from meetings, if appropriate. First Quarter Report: Second Quarter Report: Third Quarter Report: Fourth Quarter Report: Final Report: 15 16F1 Attachment C Copyright, Patent and Trademark (a) If the Recipient brings to the performance of this Agreement a pre- existing patent or copyright, the Recipient shall retain all rights and entitlements to that pre- existing patent or copyright unless the Agreement provides otherwise. (b) If any discovery or invention arises or is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected herewith, the Recipient shall refer the discovery or invention to the Department for a determination whether patent protection will be sought in the name of the State of Florida. Any and all patent rights accruing under or in connection with the performance of this Agreement are hereby reserved to the State of Florida. In the event that any books, manuals, films, or other copyrightable material are produced, the Recipient shall notify the Department. Any and all copyrights accruing under or in connection with the performance under this Agreement are hereby reserved to the State of Florida. (c) Within thirty (30) days of execution of this Agreement, the Recipient shall disclose all intellectual properties relevant to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any pre- existing intellectual property which is so disclosed. Failure to disclose will indicate that no such property exists. The Department shall then, under Paragraph (b), have the right to all patents and copyrights which occur during performance of the Agreement. it Attach 16F1 Attachment D Property Management and Procurement If the Scope of Work contemplates the acquisition of equipment, then Recipient agrees to use said equipment for emergency management purposes only, and to properly maintain and repair said equipment. Recipient shall establish adequate maintenance procedures to keep the equipment in proper working condition. Recipient shall establish a control system to insure adequate safeguards to prevent loss, damage or theft of the equipment. Recipient shall promptly advise the Department of any loss, damage or theft affecting said equipment. Recipient shall not sell, lease, rent, lend, encumber or dispose of said equipment without the written permission of the Department. In the event of a disaster, the Recipient shall make available all appropriate equipment purchased through this funding for use in said emergency. 17 At 16F1 Attachment E Publications and Publicity Recipient shall, in publicizing, advertising, or describing the project, state: "Sponsored by the State of Florida, Department of Community Affairs, Division of Emergency Management." If the project is referenced in written material, the words "State of Florida, Department of Community Affairs, Division of Emergency Management" shall appear in the same size letters or type as the name of the Recipient. 18 16F1 Invoice Number: INVOICE FOR SERVICES Contract Number: 01- EO- 01- 09 -21 -01 -013 TO: Florida Department of Community Affairs Division of Emergency Management Date Prepared: FROM: Mr. Ken Pineau Collier County Work Completed: (paraphrase the information provided on the Quarterly Report -Attachment B) Total Contract Award $ Amount of this Invoice $ Amount remaining on Contract $ Original Signature Date FEID Number * *TO BE COMPLETED BY DEPARTMENT ** Date Invoice Received: Date Project Received: Date Project Reviewed: Date Project Approved: Contract Manager Date 19 DEPARTMENT DEB BUSH Governor 16FIr STATE OF FLORIDA OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" May 9, 2001 Mr. Ken Pineau Collier County Emergency Management 3301 E. Tamiami Trail Naples, Florida 34112 Dear Mr. Ken Pineau: STEVEN M. SEIBERT Secretary Enclosed please find your executed Agreement (Number:01- EO- N2- 09 -21 -22 -013) with the Department of Community Affairs. This Agreement terminates on September 30, 2001, and unfortunately, we will not be able to extend this date. Please note that the contract number for the Agreement has changed. If you have any questions or concerns regarding this Agreement, please do not hesitate to contact me at (850)413 -9975. Sincerely, Paul J. rannigan, P nning Manager Division of Emergency Management PJB /jmg Enclosure 2 5 5 5 S H I U M A R D OAK BOULEVARD • TALLAHASSEE, FLORIDA 32399-2 1 00 Phone: 850.488.8466 /Suncom 278.8466 FAX: 850.921.0781/Suncom 291.0781 Internet address: http: / /www dca.state fl.us 16F1 RESOLUTION NO. 01 - 91 RESOLUTION AUTHORIZING THE EXECUTION AND ACCEPTANCE OF AN AGREEMENT BETWEEN THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND COLLIER COUNTY WHEREAS, the United States Department of Justice, through the Florida Department of Community Affairs has made funds available to local jurisdictions for the creation of a Terrorism Annex to the Comprehensive Emergency Management Plan, the development of Standard Operating Procedures and the development of an exercise to validate the plan; and WHEREAS, the Florida Department of Community Affairs, by means of the attached Agreement # 01- EO -01 -09 -21 -01 -013, has agreed to provide Collier County the sum of $ 50,000.00 for the completion of the Scope of Work in Attachment "A" of the Agreement. WHEREAS, the Board of County Commissioners of Collier County, Florida agree that the performance of the subject Agreement is in the best interest of Collier County; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that the Board approve Agreement # 01- EO- 01- 09 -21 -01 -013 between the State of Florida Department of Community Affairs and Collier County as presented to the Board for review and hereby authorize the Board's Chairman to execute the Agreement on behalf of Collier County. This Resolution adopted after motion, second and majority vote in favor of adoption this ,7 fit . day of :A rc� , 2001 BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA =y:tate cg FLORIDA • County c�fi COLLIER . By: EBY CERTIFY COLLIER THAT this is afros and Jain . C &.a rmancor.ect cagy of a document on fil �snd &Zecasd� of Collier County �,�rci fi�dut.� seal t , r hand and cf {�iat his ATTEST: Dwight E. Brock �_ day cf h.-- -- , DVVlG fT E. BROCK, CLERK OF COURTS (Deputy Clerk Attest as to Chairkian's :1goaturo only. Approved as to forna and Legal Sufficiency: 4 A1 1(k, G -(Alq R tc� David`VVeigel County Attorney 16F1 "a 5/21/01 FYI - PER KEN PINEAU, AGREEMENT NUMBER WAS CHANGED BY THE STATE -- FROM: 01- EO- 01- 09 -21 -01 -013 TO: 01- EO- N2- 09 -21 -22 -013 16F1 Contract Number: 01- EO- N2- 09 -21 -22 -013 . CFDA Number: 83.552 FEDERALLY FUNDED AGREEMENT THIS AGREEMENT is entered into by and between the State of Florida, Department of Community Affairs, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Department "), and Collier County, (hereinafter referred to as the "Recipient "). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS: A. WHEREAS, the Recipient represents that it is fully qualified, possesses the requisite skills, knowledge, qualifications and experience to provide the services identified herein, and does offer to perform such services, and B. WHEREAS, the Department has a need for such services, has followed appropriate state procurement procedures, and does hereby accept the offer of the Recipient upon the terms and conditions hereinafter set forth, and C. WHEREAS, the Department has authority pursuant to Florida law to disburse the funds under this Agreement. NOW, THEREFORE, the Department and the Recipient do mutually agree as follows: (1) SCOPE OF WORK. The Recipient shall fully perform the obligations in accordance with the Budget and Scope of Work, Attachment A of this Agreement. (2) INCORPORATION OF LAWS RULES REGULATIONS AND POLICIES. Both the Recipient and the Department shall be governed by applicable State and Federal laws, rules and regulations. (3) PERIOD OF AGREEMENT. This Agreement shall begin upon execution by both parties and shall end September 30, 2001, unless terminated earlier in accordance with the provisions of paragraph (9) of this Agreement. (4) MODIFICATION OF CONTRACT; REPAYMENTS Either party may request modification of the provisions of this Agreement. Changes which are mutually agreed upon shall be valid only when reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement. All refunds or repayments to be made to the Department under this Agreement are to be made payable to the order of "Department of Community Affairs ", and mailed directly to the Department at the following address: Department of Community Affairs # Cashier 16F1 Finance and Accounting 2555 Shumard Oak Boulevard Tallahassee FL 32399 -2100 (5) RECORDKEEPING (a) If applicable, Recipient's performance under this Agreement shall be subject to the federal "Common Rule: Uniform Administrative Requirements for State and Local Governments" (53 Federal Register 8034) and OMB Circular No. A -87, "Cost Principles for State and Local Governments ". (b) All original records pertinent to this Agreement shall be retained by the Recipient for three (3) years following the date of termination of this Agreement or of submission of the final close -out report, whichever is later, with the following exceptions: 1. If any litigation, claim or audit is started before the expiration of the three (3) year period and extends beyond the three (3) year period, the records will be maintained until all litigation, claims or audit findings involving the records have been resolved. 2. Records for the disposition of non - expendable personal property valued at $5,000 or more at the time of acquisition shall be retained for three (3) years after final disposition. 3. Records relating to real property acquisition shall be retained for three (3) years after closing of title. (c) All records, including supporting documentation of all costs, shall be sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Work (Attachment A) and all other applicable laws and regulations. (d) The Recipient, its employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times to the Department, its employees, and agents. "Reasonable" shall be construed according to the circumstances but ordinarily shall mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by the Department. (e) Any additional terms and conditions pertaining to property management and procurement under this Agreement are set forth in Attachment D. (6) REPORTS (a) At a minimum, the Recipient shall provide the Department with quarterly reports, and with a final close -out report, see Attachment B for a Sample Report Form. 2 16FI'i (b) Quarterly reports are due to be received by the Department no later than thirty (30) days after the end of each quarter of the program year (beginning with the current quarter in which the Agreement is executed) and shall continue to be submitted each quarter until submission of the administrative close -out report. The ending dates for each quarter of the program year are March 31, June 30, September 30 and December 31. (c) The close -out report is due thirty (30) days after termination of this Agreement or upon completion of the activities contained in this Agreement. (d) If all required reports and copies, prescribed above, are not sent to the Department or are not completed in a manner acceptable to the Department, the Department may withhold further payments until they are completed or may take such other action as is set forth in paragraph (9). The Department may terminate the Agreement with a Recipient if reports are not received within thirty (30) days after written notice by the Department. "Acceptable to the Department" means that the work product was completed in accordance with generally accepted principles and is consistent with the Budget and Scope of Work. (e) Upon reasonable notice, the Recipient shall provide such additional program updates or information as may be required by the Department. (7) MONITORING. The Recipient shall constantly monitor its performance under this Agreement to ensure that time schedules are being met, the Budget and Scope of Work is being accomplished within specified time periods, and other performance goals are being achieved. Such review shall be made for each function or activity set forth in Attachment A to this Agreement. (8) LIABILITY. (a) Unless Recipient is a State agency or subdivision, the Recipient shall be solely responsible to parties with whom it shall deal in carrying out the terms of this Agreement, and shall save the Department harmless against all claims of whatever nature by third parties arising out of the performance of work under this Agreement. For purposes of this Agreement, Recipient agrees that it is not an employee or agent of the Department, but is an independent contractor. (b) Any Recipient who is a state agency or subdivision, as defined in Section 768.28, Florida Statutes, agrees to be fully responsible for its negligent acts or omissions or tortious acts which result in claims or suits against the Department, and agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (9) DEFAULT: REMEDIES: TERMINATION. 16F1 (a) If the necessary funds are not available to fund this Agreement as a result of action by Congress, the state Legislature, the Office of the Comptroller or the Office of Management and Budgeting, or if any of the following events occur ( "Events of Default "), all obligations on the part of the Department to make any further payment of funds hereunder shall, if the Department so elects, terminate and the Department may, at its option, exercise any of its remedies set forth herein, but the Department may make any payments or parts of payments after the happening of any Events of Default without thereby waiving the right to exercise such remedies, and without becoming liable to make any further payment: 1. If any warranty or representation made by the Recipient in this Agreement or any previous Agreement with the Department shall at any time be false or misleading in any respect, or if the Recipient shall fail to keep, observe or perform any of the terms or covenants contained in this Agreement or any previous agreement with the Department and has not cured such in timely fashion, or is unable or unwilling to meet its obligations thereunder; 2. If any material adverse change shall occur in the financial condition of the Recipient at any time during the term of this Agreement from the financial condition revealed in any reports filed or to be filed with the Department, and the Recipient fails to cure said material adverse change within thirty (30) days from the time the date written notice is sent by the Department; 3. If any reports required by this Agreement have not been submitted to the Department or have been submitted with incorrect, incomplete or insufficient information; or 4. If the Recipient has failed to perform and complete in timely fashion any of the services required under the Budget and Scope of Work attached hereto as Attachment A. (b) Upon the happening of an Event of Default, then the Department may, at its option, upon written notice to the Recipient and upon the Recipient's failure to timely cure, exercise any one or more of the following remedies, either concurrently or consecutively, and the pursuit of any one of the following remedies shall not preclude the Department from pursuing any other remedies contained herein or otherwise provided at law or in equity: 1. Terminate this Agreement, provided that the Recipient is given at least thirty (30) days prior written notice of such termination. The notice shall be effective when placed in the United States mail, first class mail, postage prepaid, by registered or certified mail -return receipt requested, to the address set forth in paragraph (10) herein; 2. Commence an appropriate legal or equitable action to enforce performance of this Agreement; 3. Withhold or suspend payment of all or any part of a request for payment; 4. Exercise any corrective or remedial actions, to include but not be limited to, requesting additional information from the Recipient to determine the reasons for or the extent of non - compliance or lack of performance, issuing a written warning to advise that more serious measures may be taken if the situation is not corrected, advising the Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or requiring the Recipient to reimburse the Department for the amount of costs incurred for any items determined to be ineligible; and 5. Exercise any other rights or remedies which may be otherwise available under law. 4 16f1 (c) The Department may terminate this Agreement for cause upon such written notice as is reasonable under the circumstances. Cause shall include, but not be limited to, misuse of funds; fraud; lack of compliance with applicable rules, laws and regulations; failure to perform in a timely manner; and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Florida Statutes, as amended. (d) Suspension or termination constitutes final agency action under Chapter 120, Florida Statutes, as amended. Notification of suspension or termination shall include notice of administrative hearing rights and time frames. (e) The Recipient shall return funds to the Department if found in non - compliance with laws, rules, regulations governing the use of the funds or this Agreement. (f) This Agreement may be terminated by the written mutual consent of the parties. (g) Notwithstanding the above, the Recipient shall not be relieved of liability to the Department by virtue of any breach of Agreement by the Recipient. The Department may, to the extent authorized by law, withhold any payments to the Recipient for purpose of set -off until such time as the exact amount of damages due the Department from the Recipient is determined. (10) NOTICE AND CONTACT. (a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery; first class, certified mail, return receipt requested; or e -mail to the representative identified below at the address set forth below and said notification attached to the original of this Agreement. (b) The name and address of the Department contract manager for this Agreement is: Dorann Loehr / Paul Brannigan, Contract Manager Department of Community Affairs /DEM 2555 Shumard Oak Boulevard Tallahassee, FL 32399 -2100 (850) 413 -9972 Fax: (850) 488 -5777 Email dorann.loehr @dca.state.fl.us (c) The name and address of the Representative of the Recipient responsible for the administration of this Agreement is: Mr. Ken Pineau Collier County 3301 E. Tamiami Trail Naples, Florida 34112 Telephone: 941 - 774 -8444 Fax: Email: r)ineauk@ngples.net 5 16F1 (d) In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be rendered as provided in (10)(a) above. (11) OTHER PROVISIONS. (a) The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Recipient in this Agreement, in any subsequent submission or response to Department request, or in any submission or response to fulfill the requirements of this Agreement, and such information, representations, and materials are incorporated by reference. The lack of accuracy thereof or any material changes shall, at the option of the Department and with thirty (30) days written notice to the Recipient, cause the termination of this Agreement and the release of the Department from all its obligations to the Recipient. (b) This Agreement shall be construed under the Iaws of the State of Florida, and venue for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict, and shall be deemed severable, but shall not invalidate any other provision of this Agreement. (c) No waiver by the Department of any right or remedy granted hereunder or failure to insist on strict performance by the Recipient shall affect or extend or act as a waiver of any other right or remedy of the Department hereunder, or affect the subsequent exercise of the same right or remedy by the Department for any further or subsequent default by the Recipient. Any power of approval or disapproval granted to the Department under the terms of this Agreement shall survive the terms and life of this Agreement as a whole. (d) The Agreement may be executed in any number of counterparts, any one of which may be taken as an original. (e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101 -336, 42 U.S.C. Section 12101 et sea.), if applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation, State and local government services, and in telecommunications. (f) A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of Category Two for a period of 36 months from the date of being placed on the convicted or discriminatory vendor list. n. 16F1 (g) With respect to any Recipient which is not a local government or state agency, and which receives funds under this Agreement from the federal government, the Recipient certifies, to the best of its knowledge and belief, that it and its principals: 1. are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; 2. have not, within a three -year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. are not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph 11(g)2. of this certification; and 4. have not within a three -year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause or default. Where the Recipient is unable to certify to any of the statements in this certification, such Recipient shall attach an explanation to this Agreement. (12) AUDIT REQUIREMENTS. (a) The Recipient agrees to maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement. (b) These records shall be available at all reasonable times for inspection, review, or audit by state personnel and other personnel duly authorized by the Department. "Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. (c) The Recipient shall also provide the Department with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement. (d) In the event that the Recipient expends $300,000 or more in Federal awards in its fiscal year, the Recipient must have a single or program - specific audit conducted in accordance with the provisions of OMB Circular A -133, as revised. In determining the Federal awards expended in its fiscal year, the Recipient shall consider all sources of Federal awards, including Federal funds received from the Department. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A -133, as revised. An audit of the Recipient conducted by the Auditor General in accordance with the provisions OMB Circular A -133, as revised, will meet the requirements of this part. In connection with the above audit requirements, the Recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A- 133, as revised. 16F1 If the Recipient expends less than $300,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A -133, as revised, is not required. In the event that the Recipient expends less than $300,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A -133, as revised, the cost of the audit must be paid from non - Federal funds (i.e., the cost of such an audit must be paid from Recipient funds obtained from other than Federal entities). 1. The annual financial audit report shall include all management letters and the Recipient's response to all findings, including corrective actions to be taken. 2. The annual financial audit report shall include a schedule of financial assistance specifically identifying all Agreement and other revenue by sponsoring agency and Agreement number. 3. Copies of audit reports for audits conducted in accordance with OMB Circular A -133, as revised, and required by subparagraph (d) above shall be submitted, when required by Section 320 (d), OMB Circular A -133, as revised, by or on behalf of the Recipient directly to each of the following: a. The Department at each of the following addresses: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 -2100 and State of Florida Auditor General Attn: Ted J. Sauerbeck Room 574, Claude Pepper Building 11 I West Madison Street Tallahassee, Florida 32302 -1450 b. The Federal Audit Clearinghouse designated in OMB Circular A -133, as revised (the number of copies required by Sections 320(d)(1) and (2), OMB Circular A -133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East I Oh Street Jeffersonville, IN 47132 c. Other Federal agencies and pass - through entities in accordance with Sections 320 (e) and (f), OMB Circular A -133, as revised. 4. In the event that a copy of the audit report for an audit required by subparagraph (d) above and conducted in accordance with OMB Circular A -133, as revised, is not required to be submitted to the Department for the reasons pursuant to Section 320(e)(2), OMB Circular A -133, as revised, the Recipient shall submit the required written notification pursuant to Section 320(e)(2) and a copy of the Recipient's audited schedule of expenditures of Federal awards directly to the following program address: 1.1 16F1 Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 -2100 (e) In the event the audit shows that the entire funds disbursed hereunder, or any portion thereof, were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to the Department of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty (30) days after the Department has notified the Recipient of such non - compliance. (f) The Recipient shall retain all financial records, supporting documents, statistical records, and any other documents pertinent to this contract for a period of three (3) years after the date of submission of the final expenditures report. However, if litigation or an audit has been initiated prior to the expiration of the three -year period, the records shall be retained until the litigation or audit findings have been resolved. (g) The Recipient shall have all audits completed by an independent certified public accountant (IPA) who shall either be a certified public accountant or a public accountant licensed under Chapter 473, Florida Statutes. The IPA shall state that the audit complied with the applicable provisions noted above. (h) The audit is due seven (7) months after the end of the fiscal year of Recipient or by the date the audit report is issued by the State Auditor General, whichever is later. (13) SUBCONTRACTS. If the Recipient subcontracts any or all of the work required under this Agreement, a copy of the executed subcontract must be forwarded to the Department within thirty (30) days after execution of the subcontract. The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by all applicable state and federal laws and regulations, and (ii) the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. (14) TERMS AND CONDITIONS. The Agreement contains all the terms and conditions agreed upon by the parties. (15) ATTACHMENTS. (a) All Attachments to this Agreement are incorporated as if set out fully herein. (b) In the event of any inconsistencies or conflict between the language of this Agreement and the Attachments hereto, the language of such Attachments shall be controlling, but only to the extent of such conflict or inconsistency. 16F1 (c) This Agreement has the following Attachments: A, B. C. D, and E. (16) FUNDING /CONSIDERATION. This is a cost - reimbursement Agreement. The Recipient shall be reimbursed for costs incurred in the satisfactory performance of work hereunder in an amount not to exceed $50,000.00 subject to the availability of funds. The Recipient shall use the Sample Reporting form (Attachment B) to record expenditures. (17) STANDARD CONDITIONS. The Recipient agrees to be bound by the following standard conditions: (a) The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216, Florida Statutes, or the Florida Constitution. (b) This Agreement can not be extended. (c) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. (d) If otherwise allowed under this Agreement, all bills for any travel expenses shall be submitted in accordance with s. 112.061, Florida Statutes. (e) The Department of Community Affairs reserves the right to unilaterally cancel this Agreement for refusal by the Recipient to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Recipient in conjunction with this Agreement. (f) If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Department or be applied against the Department's obligation to pay the contract amount. (g) The State of Florida will not intentionally award publicly - funded contracts to any Recipient who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ( "INA ")]. The Department shall consider the employment by any Recipient of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Department. (18) COPYRIGHT, PATENT AND TRADEMARK If applicable to this Agreement, refer to Attachment C for terms and conditions relating to copyrights, patents and trademarks. (19) PUBLICATIONS AND PUBLICITY. 10 16F1 If applicable to this Agreement, refer to Attachment E for terms and conditions relating to publications and publicity. (20) LOBBYING PROHIBITION. (a) No funds or other resources received from the Department in connection with this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. (b) The Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all sub - awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all sub - recipients shall certify and disclose accordingly. This certification is a material representative of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. (21) LEGAL AUTHORIZATION. The Recipient certifies with respect to this Agreement that it possesses the legal authority to receive the funds to be provided under this Agreement and that, if applicable, its governing body has authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all covenants and assurances contained herein. The Recipient also certifies that the undersigned possesses the authority to legally execute and bind Recipient to the terms of this Agreement. (22) VENDOR PAYMENTS. 11 16FI Pursuant to Section 215.422, Florida Statutes, the Department shall issue payments to vendors within (40) days after receipt of an acceptable invoice and receipt, inspection, and acceptance of goods and /or services provided in accordance with the terms and conditions of the Agreement. Failure to issue the warrant within forty (40) days shall result in the Department paying interest at a rate as established pursuant to Section 55.03(1) Florida Statutes. The interest penalty shall be paid within fifteen (15) days after issuing the warrant. Vendors experiencing problems obtaining timely payment(s) from a state agency may receive assistance by contacting the Vendor Ombudsman at (850) 488 -2924 or by calling the State Comptroller's Hotline at 1- 800 - 848 -3792. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their undersigned officials as duly authorized. RECIPIENT: COLLIER COUNTY Agency or Company BY: James D. Carter, Ph.D., Chairman Board of County Commissioners Date:�7�0/ FEID# 59- 6000558 ATTEST: Dwight E. Brock, Clerk ut ( p Y Clerk) Attest ai to Cha tro4n s % Si,gRd re only. Approved as to Form a egal S fficiency ck CS W',l S,a� David Weige County Attorney STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS BY: Joseph F. Myers, Director Division of Emergency Management Attachment A 16FI Scope of Work and Budget 1. Scope of Services All municipalities and other local jurisdictions located within Collier County will be encouraged and invited to participate to their maximum extent possible. A. Develop a terrorism annex in accordance with state and federal plans that will address the roles and responsibilities of all appropriate agencies in the event of a terrorist incident. 1. A draft Annex will be submitted to the Department for review prior to the finalization and incorporation of the Annex to the Comprehensive Emergency Management Plan. 2. Incorporate the Annex into the Comprehensive Emergency Management Plan. B. Develop and conduct a table top exercise to test the Terrorism Annex to determine applicability and the ability of first responders to implement the Annex. 1. Develop a play book and schedule timeline 2. Produce exercise materials and aids 3. Introduce and indoctrinate exercise participants 4. Conduct the Exercise 5. Evaluate the Exercise 6. Produce an After Action Report to include participants and evaluations 7. Incorporate 'Lessons Learned' into the Annex 8. Provide Exercise materials (play book, outline, participant list, and After Action Report) to the Department C. Develop Standard Operating Procedures for first responder personnel in the event of a terrorist incident. 1. Draft Standard Operating Procedures will be submitted to the Department for review. II. Budget Information The total funding allocated by the Department is $50,000.00. Funding is allocated for the development of a Terrorism Annex, Standard Operating Procedures and a Table top Exercise of the Annex. A. Payments will be reimbursed based on actual expenses not to exceed $50,000.00, as reported on, at most, a quarterly basis, and indicated by the submission of a report required by Paragraph 6.13. (see Attachment B also), and submission of an approved request for payment. B. A full accounting of the expenditure of the $50,000.00 will be contained in the final close out report as submitted to the Department. This report must be submitted within thirty (30) days of the termination of this Agreement. 13 16F1 Attachment B SAMPLE REPORT FORMAT Proiect Finances: Include the dates of each report period as specified in the "From / To" column. Enter the amount of funds expended in each budget category during the period (figures should be consistent with invoice amounts). Reporting Quarter From / To Salary Travel Printing Supplies Other TOTALS 1 2 3 4 FINAL TOTALS II. Proiect Finance Narrative: Include a brief summary of financial activity during the period as well as an explanation of expenses charged to the "Other" category. First Quarter Report: Second Quarter Report: Third Quarter Report: Fourth Quarter Report: Final Report: 14 16F1 Proiect Activity Narrative: Include a brief description of planning activities during the work period. Be sure to include any meetings attended. Attach agendas from meetings, if appropriate. First Quarter Report: Second Quarter Report: Third Quarter Report: Fourth Quarter Report: Final Report: 15 16FI Attachment C Copyright, Patent and Trademark (a) If the Recipient brings to the performance of this Agreement a pre- existing patent or copyright, the Recipient shall retain all rights and entitlements to that pre - existing patent or copyright unless the Agreement provides otherwise. (b) If any discovery or invention arises or is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected herewith, the Recipient shall refer the discovery or invention to the Department for a determination whether patent protection will be sought in the name of the State of Florida. Any and all patent rights accruing under or in connection with the performance of this Agreement are hereby reserved to the State of Florida. In the event that any books, manuals, films, or other copyrightable material are produced, the Recipient shall notify the Department. Any and all copyrights accruing under or in connection with the performance under this Agreement are hereby reserved to the State of Florida. (c) Within thirty (30) days of execution of this Agreement, the Recipient shall disclose all intellectual properties relevant to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any pre- existing intellectual property which is so disclosed. Failure to disclose will indicate that no such property exists. The Department shall then, under Paragraph (b), have the right to all patents and copyrights which occur during performance of the Agreement. 16 Attachment D 16F1 Property Management and Procurement If the Scope of Work contemplates the acquisition of equipment, then Recipient agrees to use said equipment for emergency management purposes only, and to properly maintain and repair said equipment. Recipient shall establish adequate maintenance procedures to keep the equipment in proper working condition. Recipient shall establish a control system to insure adequate safeguards to prevent loss, damage or theft of the equipment. Recipient shall promptly advise the Department of any loss, damage or theft affecting said equipment. Recipient shall not sell, lease, rent, lend, encumber or dispose of said equipment without the written permission of the Department. In the event of a disaster, the Recipient shall make available all appropriate equipment purchased through this funding for use in said emergency. 17 Attachment E 16FI Publications and Publicity Recipient shall, in publicizing, advertising, or describing the project, state: "Sponsored by the State of Florida, Department of Community Affairs, Division of Emergency Management." If the project is referenced in written material, the words "State of Florida, Department of Community Affairs, Division of Emergency Management" shall appear in the same size letters or type as the name of the Recipient. 18 16F1 Invoice Number: INVOICE FOR SERVICES Contract Number: 01- EO- 01- 09 -21 -01 -013 TO: Florida Department of Community Affairs Division of Emergency Management Date Prepared: FROM: Mr. Ken Pineau Collier County Work Completed: (paraphrase the information provided on the Quarterly Report - Attachment B) Total Contract Award Amount of this Invoice Amount remaining on Contract Original Signature Date FEID Number 0 m m * *TO BE COMPLETED BY DEPARTMENT ** Date Invoice Received: Date Project Received: Date Project Reviewed: Date Project Approved: Contract Manager Date 19 16F2 DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFICE AS OF MAY 6, 2003 MEMORANDUM 16F3 Date: March 28, 2001 To: Ken Pineau, Director Emergency Management Department From: Teri Michaels, Deputy Clerk Minutes & Records Department Re: One Certified Copy of Resolution No. 2001 -92 and four Original Agreements between Department of Community Affairs and Collier County for funds for shelter enhancement at Gulf Coast High School Enclosed please find one (1) certified copy of Resolution No. 2001 -92 with four (4) original agreements attached which were approved by the Board of County Commissioners on March 27, 2001 (Agenda Item #16F3). Kindly forward the documents to DCA and return one fully executed original to Minutes and Records. If you should have any questions, please contact me at 774 -8406. Thank you. Enclosures RESOLUTION NO. Ol - 92 16 F3 I'- RESOLUTION AUTHORIZING THE EXECUTION AND ACCEPTANCE OF AN AGREEMENT BETWEEN THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND COLLIER COUNTY WHEREAS, the Federal Emergency Management Agency through its Hazard Mitigation Grant Program has made funds available to the Florida Department of Community Affairs for further dispersal to local jurisdictions to enhance local sheltering programs; and WHEREAS, the Florida Department of Community Affairs, by means of the attached Agreement # 01- HM- 6L- 09 -21 -15 -007, is agreeing to provide, by means of reimbursement for costs incurred by the County for the installation of hurricane protection devices at Gulf Coast High School, the sum of $ 9,945.00 WHEREAS, the Board of County Commissioners of Collier County agree that the performance of the subject Agreement is in the best interest of Collier County; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that the Board approve Agreement # 01- HM- 6L- 09 -21 -15 -007 between the State of Florida Department of Community Affairs and Collier County as presented to the Board for review, and hereby authorized the Board's chairman to execute the Agreement on behalf of Collier County. This Resolution adopted after motion, second and majority vote in favor of adoption this z day of March, 2001. BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, F DA By: Jam . Carter, Ph.D., Chairman ATTEST: Dwight E. Brock By. (Deputy Clerk) Attest 4SI-t® Chairm"'3 sijMAtore only. Approved as to form and Legal Sufficiency: David Weigel ��5 . C��, ��i'1• County Attorney r STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" JEB BUSH STEVEN M. SEIBERT Governor Secretary April 20, 2001 Mr. James Von Rinteln, Coordinator Emergency Management Collier County 3301 Tamiami Trail Naples, Florida 34112 Re: FEMA Project 1300 -0007 Gulf Coast High School Dear Mr. Von Rinteln: Enclosed is the executed Hazard Mitigation Grant Program (HMGP) contract (DCA No. 01 HM- 6L- 09 -21 -15 -007) between Collier County and the Department of Community Affairs. Upon completion of the work identified in the contract, a Request for Payment form (Attachment E) should be completed and submitted to the Department for processing in accordance with Paragraphs (4) and (16) of the Agreement. If you have any specific questions regarding the contract or the Request for Payment form, please call Sherie Carrington at 850/922 -5230. Sincerely, e h F. ers -Direct r p Y Division of Emergency Management JFM:ssc Enclosures 2555 SHUMARD OAK BOULEVARD • TALLAHASSEE, FLORIDA 32399 -2100 Phone: 850.488.8466/Suncom 278.8466 FAX: 850.921.0781/Suncom 291.0781 Internet address: http: / /www.dca.state.fl.us CRITICAL STATE CONCERN FIELD OFFICE COMMUNITY PLANNING EMERGENCY MANAGEMENT HOUSING & COMMUNITY DEVELOPMENT 2796 Overseas Highway, Suite 212 2555 Shumard Oak Boulevard 2555 Shumard Oak Boulevard 2555 Shumard Oak Boulevard Marathon, FL 33050 -2227 Tallahassee, IT 32399 -2100 Tallahassee, Fl. 32399 -2100 Tallahassee, FL 32399 -2100 (305) 289 -2402 (850) 488 -2356 (850) 413 -9969 (850) 488 -7956 16F 3 Contract Number:01 HM- 6L- 09 -21 -15 -007 CFDA Number: 83.548 AGREEMENT THIS AGREEMENT is entered into by and between the State of Florida, Department of Community Affairs, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Department "), and Collier County, (hereinafter referred to as the "Recipient "). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS: A. WHEREAS, Hurricane Irene produced disastrous weather conditions which had a devastating impact upon the State of Florida; and B. WHEREAS, the severity of the damage loss resulted in the declaration of an emergency by the Governor; and C. WHEREAS, The President of the United States has concurred and has declared a major disaster designated FEMA -DR- 1306 -FL; and D. WHEREAS, the Federal Emergency Management Agency (FEMA), as a result of the Presidential Declaration, has made available federal funds for hazard mitigation grants; and E. WHEREAS, the Recipient represents that it is fully qualified, possesses the requisite skills, knowledge, qualifications and experience to provide the services identified herein, and does offer to perform such services, and F. WHEREAS, the Department has a need for such services and does hereby accept the offer of the Recipient upon the terms and conditions hereinafter set forth, and G. WHEREAS, the Department has authority pursuant to Sections 252.35, 252.36, 252.37, 252.38 and 163.03, Florida Statutes (Fla. Stat.) and other pertinent Florida law to disburse the funds under this Agreement. NOW, THEREFORE, the Department and the Recipient do mutually agree as follows: (1) SCOPE OF WORK. The Recipient shall fully perform the obligations in accordance with the Budget and Scope of Work, Attachment A of this Agreement. Within thirty (30) days of execution of this Agreement, Recipient shall submit to the Department, for its approval, a detailed Scope of Work and a detailed line item Budget which shall govern the performance of the Recipient hereunder, and which shall be incorporated by reference in this Agreement through a modification signed by both parties. The Scope of Work must include specific interim due dates for each task or activity which is necessary to accomplish the project for which this grant is awarded. Failure to complete any task or activity by the due date set 16F 3 forth in the Scope of Work will be an Event of Default under Paragraph 9 herein. The Application of the Recipient for this grant, as approved by the Department, is hereby incorporated by reference, and the terms of that approved Application are binding upon the Recipient. (2) INCORPORATION OF LAWS RULES REGULATIONS AND POLICIES. Both the Recipient and the Department shall be governed by applicable State and Federal laws, rules and regulations, including but not limited to those identified in Attachment B. (3) PERIOD OF AGREEMENT. This Agreement_ shall begin upon execution by both parties, and shall end twenty -four (24) months from the date of execution, unless terminated earlier in accordance with the provisions of paragraph (9) of this Agreement. (4) MODIFICATION OF CONTRACT, REPAYMENTS. Either party may request modification of the provisions of this Agreement. Changes which are mutually agreed upon shall be valid only when reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement. Notwithstanding the foregoing, any budget changes which do not increase the overall cost of the project or change the scope of work do NOT require a written modification to this Agreement. All refunds or repayments to be made to the Department under this Agreement are to be made payable to the order of "Department of Community Affairs ", and mailed directly to the Department at the following address: Department of Community Affairs Cashier Finance and Accounting 2555 Shumard Oak Boulevard Tallahassee FL 32399 -2100 (5) RECORD KEEPING. (a) Recipient's performance under this Agreement shall be subject to 44 CFR Part 13 "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments" and OMB Circular No. A -87. (b) In the event that more than one project is funded under this Agreement, the funds received by the Recipient for each project may not be commingled, and the funds obligated or expended for each project must be accounted for separately, with separate record keeping for each project. E 16F 3 (c) All original records pertinent to this Agreement shall be retained by the Recipient for three years following the date of termination of this Agreement or of submission of the final close -out report, whichever is later. However, if any litigation, claim or audit is started before the expiration of the three year period and extends beyond the three year period, the records will be maintained until all litigation, claims or audit findings involving the records have been resolved. (d) All records, including supporting documentation of all program costs, shall be sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Work, Attachment A to this Agreement, and all applicable legal requirements. (e) The Recipient, its employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times to the Department, its employees, and agents. "Reasonable" shall be construed according to the circumstances but ordinarily shall mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by the Department. (6) REPORTS. (a) The Recipient shall provide quarterly progress reports to the Department, using the attached Quarterly Report Form, Attachment F. The first report is due on the first day of the federal quarter, after the date of execution of this Agreement and quarterly thereafter until the work has been completed and approved through final inspection. Thereafter, reports shall be due on January 1, April 1, July 1, and October 1. Reports shall indicate the status and completion date for each project funded, any problems or circumstances affecting completion dates, or the scope of work, or the project costs, and any other factors reasonably anticipated to result in noncompliance with the terms of the grant award. Interim inspections shall be scheduled by the Recipient prior to the final inspection and may be requested by the Department based on information supplied in the quarterly reports. The Department may require additional reports as needed. The Recipient shall, as soon as possible, provide any additional reports requested by the Department. The Department contact will be the state hazard mitigation officer for all reports and requests for reimbursement. (b) Recipient shall provide the Department with a close -out report on forms provided by the Department. The close -out report is due no later than sixty (60) days after termination of this Agreement or upon completion of the activities contained in this Agreement. 16F 3 (c) If all required reports and copies, prescribed above, are not sent to the Department or are not completed in a manner acceptable to the Department, the Department may withhold further payments until they are completed or may take such other action as set forth in paragraph (9). The Department may terminate the Agreement with a Recipient if reports are not received within 30 days after written notice by the Department. "Acceptable to the Department" means that the work product was completed in accordance with generally accepted principles and is consistent with the Budget and Scope of Work. (d) Upon reasonable notice, the Recipient shall provide such additional program updates or information as may be required by the Department. (7) MONITORING. The Recipient shall constantly monitor its performance under this Agreement to ensure that time schedules are being met, the Budget and Scope of Work is being accomplished within specified time periods, Recipient is complying with all terms and conditions of this Agreement, and other performance goals are being achieved. Such review shall be made for each function or activity set forth in Attachment A to this Agreement and each term and condition established herein. (8) LIABILITY. (a) Unless Recipient is a State agency or subdivision, the Recipient shall be solely responsible to parties with whom it shall deal in carrying out the terms of this Agreement, and shall save the Department harmless against all claims of whatever nature by third parties arising out of the performance of work under this Agreement. For purposes of this Agreement, Recipient agrees that it is not an employee or agent of the Department, but is an independent contractor. (b) Any Recipient who is a state agency or subdivision, as defined in Section 768.28, Fla. Stat., agrees to be fully responsible for its negligent acts or omissions or tortuous acts and agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (9) DEFAULT, TERMINATION. (a) If the necessary funds are not available to fund this agreement as a result of action by Congress, the state Legislature, the Office of the Comptroller or the Office of Management and Budgeting, or if any of the following events occur ( "Events of 4 16F 3 Default "), all obligations on the part of the Department to make any further payment of funds hereunder shall, if the Department so elects, terminate and the Department may, at its option, exercise ariy of its remedies set forth herein, but the Department may make any payments or parts of payments after the happening of any Events of Default without thereby waiving the right to exercise such remedies, and without becoming liable to make any further payment: If any warranty or representation made by the Recipient in this Agreement or any previous Agreement with the Department shall at any time be false or misleading in any respect, or if the Recipient shall fail to keep, observe or perform any of the terms or covenants contained in this Agreement or any previous agreement with the Department and has not cured such in timely fashion, or is unable or unwilling to meet its obligations thereunder; 2. If any material adverse change shall occur in the financial condition of the Recipient at any time during the term of this Agreement from the financial condition revealed in any reports filed or to be filed with the Department, and the Recipient fails to cure said material adverse change within thirty (30) days from the time the date written notice is sent by the Department. 3. If any reports required by this Agreement have not been submitted to the Department or have been submitted with incorrect, incomplete or insufficient information; or 4. If the Recipient has failed to perform and complete in timely fashion any of the services required under the Budget and Scope of Work attached hereto as Attachment A. (b) Upon the happening of an Event of Default, then the Department may, at its option, upon written notice to the Recipient and upon the Recipient's failure to timely cure, exercise any one or more of the following remedies, either concurrently or consecutively, and the pursuit of any one of the following remedies shall not preclude the Department from pursuing any other remedies contained herein or otherwise provided at law or in equity: 1. Terminate this Agreement, provided that the Recipient is given at least thirty (30) days prior written notice of such termination. The notice shall be effective when placed in the United States Mail, first class mail, postage prepaid, by registered or certified mail - return receipt requested, to the address set forth in paragraph (10) herein; 5 16F 3 2. Commence an appropriate legal or equitable action to enforce performance of this Agreement; 3. Withhold or suspend payment of all or any part of a request for payment; 4. Exercise any corrective or remedial actions, to include but not be limited to, requesting additional information from the Recipient to determine the reasons for or the extent of non - compliance or lack of performance, issuing a written warning to advise that more serious measures may be taken if the situation is not corrected, advising the Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or requiring the Recipient to reimburse the Department for the amount of costs incurred for any items determined to be ineligible; or 5. Exercise any other rights or remedies which may be otherwise available under law. (c) The Department may terminate this Agreement for cause upon such written notice as is reasonable under the circumstances. Cause shall include, but not be limited to, misuse of funds; fraud; lack of compliance with applicable rules, laws and regulations; failure to perform in a timely manner; and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Fla. Stat., as amended. (d) Suspension or termination constitutes final agency action under Chapter 120, Fla. Stat., as amended. Notification of suspension or termination shall include notice of administrative hearing rights and time frames. (e) The Recipient shall return funds to the Department if found in noncompliance with laws, rules, regulations governing the use of the funds or this Agreement. (f) This Agreement may be terminated by the written mutual consent of the parties. (g) Notwithstanding the above, the Recipient shall not be relieved of liability to the Department by virtue of any breach of the Agreement by the Recipient. The Department may, to the extent authorized by law, withhold any payments to the Recipient for purpose of set -off until such time as the exact amount of damages due the Department from the Recipient is determined. In the event that the Federal Emergency Management Agency (FEMA) de- obligates funds previously authorized under this Agreement, or under any other FEMA funded agreement administered by the Division of Emergency Management within the Department, then the Recipient shall immediately repay said funds to the Department. If C. 16F 3 Recipient fails to repay said funds, then Recipient authorizes the Department to recoup or set off said funds from funding otherwise available under this Agreement or under any other grant agreement with Recipient administered by the Department. (10) NOTICE AND CONTACT. (a) All Notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery, or first class, certified mail, return receipt requested, to the representative identified below at the address set forth below and said notification attached to the original of this Agreement. "Notices" shall mean communications regarding the addition of funding or projects, and the implementation of any action under Paragraph (9) of this Agreement. (b) The name and address of the Department contract manager for this Agreement is: Ms. Kathleen Marshall, Planning Manager Bureau of Recovery and Mitigation Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 -2100 Telephone: (850) 922 -5944 Fax: (850) 922 -1259 (c) The name and address of the Representative of the Recipient responsible for the administration of this Agreement is: Mr. James von Rinteln, Coordinator Emergency Management Collier County 3301 Tamiami Trail Naples, Florida 34112 Telephone: (941) 774 -8444 Fax: (941) 775 -5008 (d) In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be rendered as provided in Paragraph (10)(a) above. (11) OTHER PROVISIONS. (a) The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Recipient in its Application, this Agreement, in any subsequent submission or response to 7 16F 3 Department request, or in any submission or response to fulfill the requirements of this Agreement, and such information, representations, and materials are incorporated by reference. The lack of adcuracy thereof or any material changes shall, at the option of the Department and with thirty (30) days written notice to the Recipient, cause the termination of this Agreement and the release of the Department from all its obligations to the Recipient. (b) This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict, and shall be deemed severable, but shall not invalidate any other provision of this Agreement. (c) No waiver by the Department of any right or remedy granted hereunder or failure to insist on strict performance by the Recipient shall affect or extend or act as a waiver of any other right or remedy of the Department hereunder, or affect the subsequent exercise of the same right or remedy by the Department for any further or subsequent default by the Recipient. Any power of approval or disapproval granted to the Department under the terms of this Agreement shall survive the terms and life of this Agreement as a whole. (d) The Agreement may be executed in any number of counterparts, any one of which may be taken as an original. (e) A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of • public building or public work, may not submit bids on leases of real property to • public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of Category Two for a period of 36 months from the date of being placed on the convicted vendor or discriminatory vendor list. (f) With respect to any Recipient which is not a local government or state agency, and which receives funds under this agreement from the federal government, the Recipient certifies, to the best of its knowledge and belief, that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; E-* 16F 3 2. Have not, within a three -year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; Are not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph I I (g)2. of this certification; and 4. Have not within a three -year period preceding this agreement had one or more public transactions (federal, state or local) terminated for cause or default. Where the Recipient is unable to certify to any of the statements in this certification, such Recipient shall attach an explanation to this agreement. (12) AUDIT REQUIREMENTS. (a) The Recipient agrees to maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement. (b) These records shall be available at all reasonable times for inspection, review, or audit by state personnel and other personnel duly authorized by the Department. "Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. (c) The Recipient shall also provide the Department with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement. (d) In the event that the Recipient expends $300,000 or more in Federal awards in its fiscal year, the Recipient must have a single or program- specific audit conducted in accordance with the provisions of OMB Circular A -133, as revised. EXHIBIT 1 to this agreement indicates Federal funds awarded through the Department by this agreement. In determining the Federal awards expended in its fiscal year, the Recipient shall consider all sources of Federal awards, including Federal funds received from the Department. The determination of amounts of Federal awards 16F 3 expended should be in accordance with the guidelines established by OMB Circular A -133, as revised. An audit of the Recipient conducted by the Auditor General in accordance with the provisions OMB Circular A -133, as revised, will meet the requirements of this part. In connection with the above audit requirements, the Recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A -133, as revised. If the Recipient expends less than $300,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A -133, as revised, is not required. In the event that the Recipient expends less than $300,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A -133, as revised, the cost of the audit must be paid from non - Federal funds (i.e., the cost of such an audit must be paid from Recipient funds obtained from other than Federal entities). The annual financial audit report shall include all management letters and the Recipient's response to all findings, including corrective actions to be taken. 2. The annual financial audit report shall include a schedule of financial assistance specifically identifying all Agreement and other revenue by sponsoring agency and Agreement number. Copies of audit reports for audits conducted in accordance with OMB Circular A -133, as revised, and required by subparagraph (d) above shall be submitted, when required by Section .320 (d), OMB Circular A -133, as revised, by or on behalf of the Recipient directly to each of the following: (a) The Department at each of the following addresses: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 -2100 and 10 16F 3 State of Florida Auditor General Attn: Ted J. Sauerbeck Room 574, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32302 -1450 (b) The Federal Audit Clearinghouse designated in OMB Circular A -133, as revised (the number of copies required by Sections .320(d)(1) and (2), OMB Circular A -133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 (c) Other Federal agencies and pass - through entities in accordance with Sections .320 (e) and (f), OMB Circular A -133, as revised. 4. Pursuant to Section .320(f), OMB Circular A -133, as revised, the Recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A -133, as revised, and any management letters issued by the auditor, to the Department at the following program address: Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 -2100 (e) In the event the audit shows that the entire funds disbursed hereunder, or any portion thereof, were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to the Department of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty (30) days after the Department has notified the Recipient of such non - compliance. (f) The Recipient shall retain all financial records, supporting documents, statistical records, and any other documents pertinent to this contract for a period of three years after the date of submission of the final expenditures report. However, if litigation or an audit has been initiated prior to the expiration of the three -year period, the records shall be retained until the litigation or audit findings have been resolved. 11 16F 3 (g) The Recipient shall have all audits completed by an independent certified public accountant (IPA) who shall either be a certified public accountant or a public accountant licensed under Chapter 473, Fla. Stat. The IPA shall state that the audit complied with the applicable provisions noted above. (h) The audit is due seven (7) months after the end of the fiscal year of Recipient or by the date the audit report is issued by the state Auditor General, whichever is later. (i) An audit performed by the State Auditor General shall be deemed to satisfy the above audit requirements. (13) SUBCONTRACTS. (a) If the Recipient subcontracts any or all of the work required under this Agreement, the Recipient agrees to include in the subcontract that the subcontractor is bound by the terms and conditions of this Agreement with the Department. (b) The Recipient agrees to include in the subcontract that the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed by law. (c) If the Recipient subcontracts, a copy of the executed subcontract must be forwarded to the Department within five (5) days of execution. (d) Contractual arrangements shall in no way relieve the Recipient of its responsibilities to ensure that all funds issued pursuant to this grant be administered in accordance with all state and federal requirements. (14) TERMS AND CONDITIONS. The Agreement contains all the terms and conditions agreed upon by the parties. (15) ATTACHMENTS. (a) All attachments to this Agreement are incorporated as if set out fully herein. (b) In the event of any inconsistencies or conflict between the language of this Agreement and the attachments hereto, the language of such attachments shall be controlling, but only to the extent of such conflict or inconsistency. 12 (c) This Agreement has the following attachments: Attachment A Exhibit(s) Attachment B Attachment C Attachment D Attachment E Attachment F (16) FUNDING /CONSIDERATION. 16f 3 Budget and- Scope of Work CATEX Program Statutes and Regulations Lobbying Prohibition/Certification Statement of Assurances Request for Advance or Reimbursement Quarterly Report Form (a) This is a cost - reimbursement Agreement. The Recipient shall be reimbursed quarterly for costs incurred in the satisfactory performance of work hereunder in an amount not to exceed the amounts listed in Attachment A (Budget and Scope of Work), subject to the availability of funds. (b) Any advance payment under this Agreement is subject to Section 216.181(15), Fla. Stat. The amount which may be advanced may not exceed the expected cash needs of the Recipient within the first three (3) months, based upon the funds being equally disbursed throughout the contract term. For a federally funded contract, any advance payment is also subject to 44 CFR Part 13, Federal OMB Circular A -87 and the Cash Management Improvement Act of 1990. If an advance payment is requested, the budget data on which the request is based and a justification statement shall be submitted to the Department contract manager using Attachment E. Recipient shall specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. All funds shall be deposited in an interest bearing account. Any interest earned must be promptly, but at least quarterly, remitted to the Department. (c) All funds shall be requested on forms provided by the Department for that purpose which accompany this Agreement. (17) STANDARD CONDITIONS. The Recipient agrees to be bound by the following standard conditions: (a) The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216 and Section 252.37, Fla. Stat. or the Florida Constitution. (b) If otherwise allowed under this Agreement, extension of an Agreement for contractual services shall be in writing for a period not to exceed six (6) months 13 16F 3 and shall be subject to the same terms and conditions set forth in the initial Agreement. There shall be only one extension of the Agreement unless the failure to meet the criteria set forth in the Agreement for completion of the Agreement is due to events beyond the control of the Recipient. (c) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof. (d) If otherwise allowed under this Agreement, all bills for any travel expenses shall be submitted in accordance with Section 112.061, Fla. Stat. (e) The Department of Community Affairs reserves the right to unilaterally cancel this Agreement for refusal by the Recipient to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Fla. Stat., and made or received by the Recipient in conjunction with this Agreement. (f) If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Department or be applied against the Department's obligation to pay the contract amount. (g) The State of Florida will not intentionally award publicly - funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ( "INA ")]. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Department. (18) STATE LOBBYING PROHIBITION. No funds or other resources received from the Department in connection with this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. Refer to Attachment C for additional terms and provisions relating to lobbying. (19) LEGAL AUTHORIZATION. The Recipient certifies with respect to this Agreement that it possesses the legal authority to receive the funds to be provided under this Agreement and that, if applicable, its governing body has authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all covenants and assurances contained herein. The Recipient 14 16F 3 also certifies that the undersigned possesses the authority to legally execute and bind Recipient to the terms of this Agreement. (20) ASSURANCES. The Recipient shall comply with any Statement of Assurances incorporated as Attachment D. (21) SPECIAL CONDITIONS. Failure of the Recipient to comply with the program statutes and regulations in Attachments B and D of this Agreement shall be cause for the immediate suspension of payments or the immediate termination of this Agreement. (22) FUNDING and INSURANCE. The Department shall provide Hazard Mitigation Grant Program (HMGP) funds as described in Attachment A (Budget and Scope of Work) for eligible and allowable costs incurred in performing the project(s) identified in Attachment A. Eligible and allowable costs shall be determined in accordance with the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 44 Code of Federal Regulations (CFR) Part 206, 44 CFR Part 13, and other applicable HMGP guidance. Administrative costs shall be compensated in accordance with 44 CFR 206.439(b)(1)(ii). The Department may make an award of additional funds, and authorize funding for additional HMGP projects approved by FEMA, by subsequent modification delivered to the Recipient's Representative identified in paragraph 10. Should Recipient determine it does not wish to proceed based upon the award of additional funds and additional projects, then Recipient shall provide notice to the Department contact within thirty (30) days of receipt of the modification. Otherwise, Recipient shall provide its notice of acceptance and intent to proceed within forty -five (45) days of receipt of the modification. The terms of this Agreement shall be considered to have been modified to include the additional funds and project(s) upon receipt of the notice of acceptance and intent to proceed. The Recipient shall utilize the attached form entitled "Request for Advance or Reimbursement of Hazard Mitigation Grant Program Funds," Attachment E, to obtain funds under this Agreement. This form is hereby incorporated into this Agreement by reference. The final payment of funds will be made only after project completion, submission of all required documentation, final inspection, and a request for final reimbursement. Recipient agrees to promptly commence and to expeditiously complete the scope of work identified herein. All work shall be completed within two years of the execution of this Agreement, or prior to such deadline as established by the 15 16F 3 Federal Emergency Management Agency or the Scope of Work as approved by the Department, whichever is sooner. Recipient agrees, as a condition of receipt of funding pursuant to this Agreement, to obtain reasonably available, adequate, and necessary insurance for the type or types of hazard for which the major disaster was declared, accordance with the requirements of 44 CFR 206, Subpart I. Recipient agrees to obtain and maintain comprehensive liability and workers compensation insurance, as well as pertinent performance and bids bonds, for the construction period of the project. (23) DUPLICATION OF BENEFITS PROHIBITION. In accordance with the provisions of Section 312 of the Stafford Act, duplication of benefits is prohibited. The Recipient shall notify the Department, as soon as practicable, of the existence of any insurance coverage for the costs identified in the application, and of any entitlement to or recovery of funds from any other source for the project costs, including Small Business Administration funding, Minimum Home Repair funds, and other Federal, State and private funding. Allowable costs shall be reduced by the amount of duplicate sources available. The Recipient shall be liable to the Department to the extent that the Recipient or ultimate beneficiary receives duplicate benefits from any other source for the same purposes for which the Recipient or ultimate beneficiary has received payment from the Department. The Recipient shall immediately remit to the Department any duplication of benefits payment received by the Recipient. In the event the Department determines a duplication of benefits has occurred, Recipient hereby authorizes the Department or the Comptroller of the State of Florida to take offset action against any other available funding due the Recipient. The Comptroller is authorized to pay such offset to the Department upon written notice from the Department. In addition, Recipient shall ensure, as a condition of funding under this Agreement, that all required Privacy Act releases and Duplication of Benefit paperwork is completed. BE. 16F 3 IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their undersigned officials as duly authorized. RECIPIENT: BY: James D. arter, Ph.D., Chairman Board d County Commissioners Date: FEID# 59- 6000558 Federal Employer ID Number ATTEST: Dwight E. Brock, Clerk (Deputy Clerk) Attest as to Chairman's signature only. Approved as to Form and Legal Sufficiency V4�,.David Weigel County Attorney 17 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS: BY: tu-1 fa"'� k' Joseph F. Myers, Director Division of Emergency Management Date: (-/b� 'o/ 16f 3 Attachment A Budget and Scope of Work The Recipient shall fully perform the approved hazard mitigation project, as described in Attachment A (Budget and Scope of Work) attached to this Agreement, in accordance with the approved scope of work indicated therein, the estimate of costs indicated therein, the allocation of funds indicated therein, and the terms and conditions of this Agreement. Recipient shall not deviate from the approved project and the terms and conditions of this Agreement. Recipient shall comply with any and all applicable codes and standards in performing work funded under this Agreement, and shall provide any appropriate maintenance and security for the project. Any development permit issued by, or development activity undertaken by, the Recipient and any land use permitted by or engaged in by the Recipient, shall be consistent with the local comprehensive plan and land development regulations prepared and adopted pursuant to Chapter 163, Part Il, Florida Statutes. Funds shall be expended for, and development activities and land uses authorized for, only those uses which are permitted under the comprehensive plan and land development regulations. The Recipient shall be responsible for ensuring that any development permit issued and any development activity or land use undertaken is, where applicable, also authorized by the Water Management District, the Florida Department of Environmental Protection, the Florida Department of Health, the Florida Game and Fish Commission, and any federal, state, or local environmental or land use permitting authority, where required. Recipient agrees that any repair or construction shall be in accordance with applicable standards of safety, decency, and sanitation, and in conformity with applicable codes, specifications and standards. Recipient will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progress reports and such other information as may be required by the assistance awarding agency or state. If the hazard mitigation project described in Attachment A includes an acquisition or relocation project, then Recipient shall ensure that, as a condition of funding under this Agreement, the owner of the affected real property establishes the following deed covenants and restrictions, which shall run with and apply to any property acquired, accepted, or from which a structure will be removed pursuant to the project: (a) the property will be dedicated and maintained in perpetuity for a use that is compatible with open space, recreational, or wetlands management practices; (b) no new structure will be erected on property other than: (i) a public facility that is open on all sides and functionally related to a designated open space; A -1 16F 3 a restroom; or (iii) a structure that the Director of the Federal Emergency Management Agency approves in writing before the commencement of the construction of the structure; (c) after the date of the acquisition or relocation no application for disaster assistance for any purpose will be made to any Federal entity and no disaster assistance will be provided for the property by any Federal source; and (d) if any of these covenants and restrictions is violated by the owner or by some third party with the knowledge of the owner, fee simple title to the Property described herein shall be conveyed to the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida without further notice to the owner, its successors and assigns, and the owner, its successors and assigns shall forfeit all right, title and interest in and to the property. A -2 Attachment A 16V 3'1 Budget and Scope of Work I. The Subgrantee, Collier County, will retrofit the Gulf Coast High School to meet the American Red Cross Standards as follows: 1. The installation of a shutter system for three entryways and a front and two court yard entrances with Dade County Approved Product. The time frame for completing the project will be within twenty -four (24) months from the date of the fully executed contract. This is HMGP project 1300 -0007 funded under FEMA project 1306 -0003. Funding Summary Federal Share: S 9.945.00 (100.00 %) Total Project Cost: $ 9,945.00 Subgrantee Administrative Allowance up to $87.41 A -3 1 FEDERAL EMERGENCY MANAGEMENT AGENCY Region. IV -3003 Chamblee- Tucker Road Atlanta, Georgia 30341 April 15, 1997 GF 3 SUBJECT: Group Categorical Exclusion for Repairs, Reconstruction, Restoration, Elevation,y Basement Floodproofing, Retrofitting and/or Upgrading of Structures 1306 -DR -FL FEMA proposes to partially fund repairs, reconstruction, restoration, elevation, basement floodproofing, retrofitting and/or upgrading of structures, including homes, buildings, roads, bridges, culverts, and utility lines and facilities. These actions (projects) may qualify for FEMA assistance programs to reduce disaster- related losses and damages and threats to public health and safety. Actions that qualify for FEMA funding under disaster 1306 -FL, fit within the exclusion categories defined in 44 CFR § 10.8 (d)(2)(xiv) through (xvi), and meet the additional criteria defined below are categorically excluded from preparation of an Environmental Assessment or an Environmental Impact Statement. 44 CFR § 10.8 (d)(2)(xiv): "Granting of community -wide exceptions for floodproofed residential basements meeting the requirements of 44 CFR § 60.6 (c) under the National Flood Insurance Program;" 44 CFR § 10.8 (d)(2)(xv): "Repair, reconstruction, restoration, elevation, retrofitting, upgrading to current codes and standards, or replacement of any facility in a manner that substantially conforms to the preexisting design, function, and location;" 44 CFR § 10.8 (d)(2)(xvi): "Improvements to existing facilities and the construction of small scale hazard mitigation measures in existing developed areas with substantially completed infrastructure, when the immediate project area has already been disturbed, and when those actions do not alter basic functions, do not exceed the capacity of other system components, or modify intended land use; provided the operation of the completed project will not, of itself, have an adverse effect on the quality of the human environment. EXHIBIT la Group CATEX Ws 14 -16 16F 3 1306 -FL Page 2 of 3 April 15, 1997 For 1306 -FL, the following criteria must also be met to qualify for this exclusion: 1. Documentation that no extraordinary circumstances, as defined in 44 CFR § 10.8 (d)(3), exist in relation to the action. 2. All required State and/or Federal wetlands, waterways, stormwater, water quality, and other letters or permits have been obtained or will be obtained before project work starts. 3. The action will not notably change the hydrology or hydraulics upstream or downstream from the project site. 4. No State- or Federally- listed threatened or endangered species are present or use the habitat ` in the project area. 5. The structure must remain substantially within the existing footprint and conform to standard industry practices for design and construction. 6. The work must remain within the previous horizontal and vertical limits of disturbance. 7. No known cultural resources are present and there is a low probability of unknown cultural resources. 8. If the structure is listed or eligible to be listed on the National Register of Historic Places, the applicant must consult with the State Historic Preservation Officer before initiating work. 9. Hazardous or toxic materials, if present, are at levels within the regulatory limits not triggering action by Federal, State or local laws or regulations. (Household hazardous waste meeting the definition set forth at 40 CFR is to be handled in a manner which meets all the Federal, State and local laws and regulations.) 10. The presence of any condition or any material on site, that is regulated, is to be managed, handled and disposed of in accordance with Federal, State and local laws and regulations (e.g., underground tanks, asbestos, septic tanks). For each action proposed under this Group Categorical Exclusion ( CATEX), send either extracts of or the entire project file to the FEMA Region IV Regional Environmental Officer (REO). The materials that are sent should include the project location, nature and method of work, and certification (letters, permits, etc.) that each of the above criteria have been met. Upon review and approval, the REO will append this Group CATEX and the action will be deemed to have fulfilled the requirements of National Environmental Policy Act and may be funded if otherwise eligible. EXHIBIT lb 16F 3 1 Group CATEX Ws 14 -16 1306 -FL Page 3 of 3 April 15, 1997 Group CATEX Approved: z2-, 7,= - Regional Environmental Officer Date Prepared By Brett Bowen Date: 8/23/00 This Group Categorical Exclusion applies to HMGP #1306 -0002; Florida DCA; Florida Hurricane Evacuation Shelter Retrofit Project (THIS CATEX IS ONLY VALID FOR STRUCTURES LESS THAN 49 YEARS OLD) 4illiam traw Da3/ R ional Environmental Officer FILE RETURNED TO L.FRANK 8/23/00 EXHIBIT 1c 16F 3 Attachment B Program Statutes and Regulations The parties to this Agreement and the Hazard Mitigation Grant Program (HMGP) are generally governed by the following statutes and regulations: (1) The Robert T. Stafford Disaster Relief and Emergency Assistance Act; (2) 44 CFR Parts 7, 9,10,13, 14,17,18, 25, 206, 220, and 221, and any other applicable FEMA policy memoranda and guidance documents; (3) State of Florida Administrative Plan for the Hazard Mitigation Grant Program; (4) Hazard Mitigation Long -term Recovery Guidance; and (5) All applicable laws and regulations delineated in Attachment D of this Agreement If 1 6F 3 Attachment C Federal Lobbying Prohibitions The Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief. (a) No Federal appropriated funds have been paid of will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer of employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying, " in accordance with its instructions. (c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representative of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file this required certification shall be subject to a civil penalty of not less than $10,000 and not more than $ 100,000 for each such failure. RECIPIENT BY: i Signature 11-4 .Lames D. Carter, Ph.D., Chairman ATTEST: DWIGHT E. = BROCK, CLERK C -1 qDputy: C erk Attest as to Chairman's signature only. Imp, 4,� 1 6, Ilk oil 16F 3 Attachment D Statement of Assurances To the extent the following provisions apply to the award of assistance in this Agreement, as determined by the awarding agency, the Recipient hereby assures and certifies that: (a) It possesses legal authority to enter into this agreement, and to execute the proposed program; (b) Its governing body has duly adopted or passed as an official act a resolution, motion or similar action authorizing the execution of the hazard mitigation grant agreement with the Department, including all understandings and assurances contained therein, and directing and authorizing the Recipient's chief ADMINISTRATIVE officer or designee to act in connection with the application and to provide such additional information as may be required; (c) No member of or delegate to the Congress of the United States, and no Resident Commissioner, shall be admitted to any share or part of this agreement or to any benefit to arise from the same. No member, officer, or employee of the Recipient or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his tenure or for one year thereafter, shall have any interest direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under this agreement. The Recipient shall incorporate or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purpose state above; (d) All Recipient contracts for which the State Legislature is in any part a funding source, shall contain language to provide for termination with reasonable costs to be paid by the Recipient for eligible contract work completed prior to the date the notice of suspension of funding was received by the Recipient. Any cost incurred after a notice of suspension or termination is received by the Recipient may not be funded with funds provided under this Agreement unless previously approved in writing by the Department. All Recipient contracts shall contain provisions for termination for cause or convenience and shall provide for the method of payment in such event; (e) It will comply with: (1) Contract Work Hours and Safety Standards Act of 1962, 40 U.S.C. 327 et seq., requiring that mechanics and laborers (including watchmen and guards) employed on federally assisted contracts be paid wages of not less than one and one -half times their basic wage rates for all hours worked in excess of forty hours in a D -1 16F 3 work week; and (2) Federal Fair Labor Standards Act, 29 U.S.C. Section 201 et seq., requiring that covered employees be paid at least the minimum prescribed wage, and also that they be paid one and one -half times their basic wage rates for all hours worked in excess of the prescribed work -week. (f) It will comply with: (1) Title VI of the Civil Rights Act of 1964 (P.L. 88 -352), and the regulations issued pursuant thereto, which provides that no person in the United States shall on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Recipient receives Federal financial assistance and will immediately take any measures necessary to effectuate this assurance. If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the Recipient, this assurance shall obligate the Recipient, or in the case of any transfer of such property, any transferee, for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; (2) Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975, as amended (42 U.S.C.: 6101 -6107) which prohibits discrimination on the basis of age or with respect to otherwise qualified handicapped individuals as provided in Section 504 of the Rehabilitation Act of 1973; (3) Executive Order 11246 as amended by Executive Orders 11375 and 12086, and the regulations issued pursuant thereto, which provide that no person shall be discriminated against on the basis of race, color, religion, sex or national origin in all phases of employment during the performance of federal or federally assisted construction contracts; affirmative action to insure fair treatment in employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff /termination, rates of pay or other forms of compensation; and election for training and apprenticeship; (g) The Recipient agrees to comply with the Americans With Disabilities Act (Public aw 101 -336, 42 U.S.C. Section 12101 et se .), where applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation, State and local government services, and in telecommunications; D -2 16F 3 (h) It will establish safeguards to prohibit employees from using positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties pursuant to Section 112.313 and Section 112.3135, FS; (i) It will comply with the Anti - Kickback Act of 1986, 41 U.S.C. Section 51 which outlaws and prescribes penalties for "kickbacks" of wages in federally financed or assisted construction activities; (j) It will comply with the provisions of 18 USC 594, 598, 600 -605 (further known as the Hatch Act) which limits the political activities of employees; (k) It will comply with the flood insurance purchase and other requirements of the Flood Disaster Protection Act of 1973 as amended, 42 USC 4002 -4107, including requirements regarding the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area having special flood hazards. The phrase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance; (1) It will require every building or facility (other than a privately owned residential structure) designed, constructed, or altered with funds provided under this Agreement to comply with the "Uniform Federal Accessability Standards," (AS) which is Appendix A to 41 CFR Section 101 -19.6 for general type buildings and Appendix A to 24 CFR Part 40 for residential structures. The Recipient will be responsible for conducting inspections to ensure compliance with these specifications by the contractor; (m) It will, in connection with its performance of environmental assessments under the National Environmental Policy Act of 1969, comply with Section 106 of the National Historic Preservation Act of 1966 (U.S.C. 470), Executive Order 11593, 24 CFR Part 800, and the Preservation of Archaeological and Historical Data Act of 1966 (16 U.S.C. 469a -1, et seq.) by: (1) Consulting with the State Historic Preservation Office to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Section 800.8) by the proposed activity; and (2) Complying with all requirements established by the State to avoid or mitigate adverse effects upon such properties. lM 16F 3 (3) Abiding by the terms and conditions of the "Programmatic Agreement Among the Federal Emergency Management Agency, the Florida State Historic Preservation Office, the Florida Department of Community Affairs and the Advisory Council on Historic Preservation, (PA)" which addresses roles and responsibilities of Federal and State entities in implementing Section 106 of the National Historic Preservation Act (NHPA), 16 U.S.C. 470f, and implementing regulations in 36 CFR part 800. (4) When any of Recipient's projects funded under this Agreement may affect a historic property, as defined in 36 CFR 800. (2)(e), the Federal Emergency Management Agency (FEMA) may require Recipient to review the eligible scope of work in consultation with the State Historic Preservation Office (SHPO) and suggest methods of repair or construction that will conform with the recommended approaches set out in the Secretary of Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings 1992 (Standards), the Secretary of the Interior's Guidelines for Archeological Documentation (Guidelines) (48 Federal Register 44734 -37), or any other applicable Secretary of Interior standards. If FEMA determines that the eligible scope of work will not conform with the Standards, Recipient agrees to participate in consultations to develop, and, after execution by all parties, to abide by, a written agreement that establishes mitigation and recondition measures, including but not limited to, impacts to archeological sites, and the salvage, storage, and reuse of any significant architectural features that may otherwise be demolished. (5) Recipient agrees to notify FEMA and the Department if any project funded under this Agreement will involve ground disturbing activities, including, but not limited to: subsurface disturbance; removal of trees; excavation for footings and foundations; and installation of utilities (such as water, sewer, storm drains, electrical, gas, leach lines and septic tanks) except where these activities are restricted solely to areas previously disturbed by the installation, replacement or maintenance of such utilities. FEMA will request the SHPO's opinion on the potential that archeological properties may be present and be affected by such activities. The SHPO will advise Recipient on any feasible steps to be accomplished to avoid any National Register eligible archeological property or will make recommendations for the development of a treatment plan for the recovery of archeological data from the property. D -4 16F 3 If Recipient is unable to avoid the archeological property, develop, in consultation with the SHPO, a treatment plan consistent with the Guidelines and take into account the Advisory Council on Historic Preservation (Council) publication "Treatment of Archeological Properties ". Recipient shall forward information regarding the treatment plan to FEMA, the SHPO and the Council for review. If the SHPO and the Council do not object within 15 calendar days of receipt of the treatment plan, FEMA may direct Recipient to implement the treatment plan. If either the Council or the SHPO object, Recipient shall not proceed with the project until the objection is resolved. (6) Recipient shall notify the Department and FEMA as soon as practicable: (a) of any changes in the approved scope of work for a National Register eligible or listed property; (b) of all changes to a project that may result in a supplemental DSR or modify an HMGP project for a National Register eligible or listed property; (c) if it appears that a project funded under this Agreement will affect a previously unidentified property that may be eligible for inclusion in the National Register or affect a known historic property in an unanticipated manner. Recipient acknowledges that FEMA may require Recipient to stop construction in the vicinity of the discovery of a previously unidentified property that may be eligible for inclusion in the National Register or upon learning that construction may affect a known historic property in an unanticipated manner. Recipient further acknowledges that FEMA may require Recipient to take all reasonable measures to avoid or minimize harm to such property until FEMA concludes consultation with the SHPO. Recipient also acknowledges that FEMA will require, and Recipient shall comply with, modifications to the project scope of work necessary to implement recommendations to address the project and the property. (7) Recipient acknowledges that, unless FEMA specifically stipulates otherwise, it shall not receive funding for projects when, with intent to avoid the requirements of the PA or the NHPA, Recipient intentionally and significantly adversely affects a historic property, or having the legal power to prevent it, allowed such significant adverse affect to occur. (n) It will comply with Title IX of the Education Amendments of 1972, as amended (20 U.S.C.: 1681 -1683 and 1685 - 1686) which prohibits discrimination on the basis of sex; (o) It will comply with the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, (42 U.S.C. 4521- 45 -94) relating to nondiscrimination on the basis of alcohol abuse or alcoholism; MR, 16F 3 (p) It will comply with 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd -3 and 290 ee -3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (q) It will comply with Lead -Based Paint Poison Prevention Act (42 U.S.C.: 4821 et seq.) which prohibits the use of lead based paint in construction of rehabilitation or residential structures; (r) It will comply with the Energy Policy and Conservation Act (P.L. 94 -163; 42 U.S.C. 6201- 6422), and the provisions of the state Energy Conservation Plan adopted pursuant thereto; (s) It will comply with the Laboratory Animal Welfare Act of 1966, 7 U.S.C. 2131 -2159, pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by an award of assistance under this agreement; (t) It will comply with Title VIII of the Civil Rights Act of 1968, 42 U.S.C. 2000c and 42 3601 -3619, as amended, relating to non - discrimination in the sale, rental, or financing of housing, and Title VI of the Civil Rights Act of 1964 (P.L. 88 -352), which prohibits discrimination on the basis of race, color or nation origin; (u) It will comply with the Clean Air Act of 1955, as amended, 42 U.S.C. 7401 -7642; (v) It will comply with the Clean Water Act of 1977, as amended, 42 U.S.C. 7419 -7626; (w) It will comply with the Endangered Species Act of 1973, 16 U.S.C. 1531 -1544; (x) It will comply with the Intergovernmental Personnel Act of 1970, 42 U.S.C. 4728 -4763; (y) It will assist the awarding agency in assuring compliance with the National Historic Preservation Act of 1966, as amended, 16 U.S.C. 270; (z) It will comply with environmental standards which may be prescribed pursuant to the National Environmental Policy Act of 1969, 42 U.S.C. 4321 -4347; (aa) It will assist the awarding agency in assuring compliance with the Preservation of Archeological and Historical Preservation Act of 1966, 16 U.S.C. 469a, et seq; (bb) It will comply with the Rehabilitation Act of 1973, Section 504, 29 U.S.C. 794, regarding non - discrimination; Is]= 16F 3 (cc) It will comply with the environmental standards which may be prescribed pursuant to the Safe Drinking Water Act of 1974, 42 U.S.C. 300f -300j, regarding the protection of underground water sources; (dd) It will comply with the requirements of Titles II and III of the Uniform Relocation Assistance and Property Acquisition Policies Act of 1970, 42 U.S.C. 4621 -4638, which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs; (ee) It will comply with the Wild and Scenic Rivers Act of 1968, 16 U.S.C. 1271 -1287, related to protecting components or potential components of the national wild and scenic rivers system; (ff) It will comply with the following Executive Orders: EO 11514 (NEPA); EO 11738 (violating facilities); EO 1198 8 (Floodplain Management); EO 11990 (Wetlands); and EO 12898 (Environmental Justice); (gg) It will comply with the Coastal Barrier Resources Act of 1977, 16 U.S.C. 3510; (hh) It will assure project consistency with the approved State program developed under the Coastal Zone Management Act of 1972, 16 U.S.C. 1451 -1464; and (ii) It will comply with the Fish and Wildlife Coordination Act of 1958; 16 U.S.C. 661 -666. 6j) With respect to demolition activities, it will: 1. Create and make available documentation sufficient to demonstrate that the Recipient and its demolition contractor have sufficient manpower and equipment to comply with the obligations as outlined in this Agreement. 2. Return the property to its natural state as though no improvements had ever been contained thereon. 3. Furnish documentation of all qualified personnel, licenses and all equipment necessary to inspect buildings located in Recipient's jurisdiction to detect the presence of asbestos and lead in accordance with requirements of the U.S. Environmental Protection Agency, the Florida Department of Environmental Protection and the County Health Department. 4. Provide documentation of the inspection results for each structure to indicate: a.. Safety Hazards Present b. Health Hazards Present C. Hazardous Materials Present D -7 16F 3 5. Provide supervision over contractors or employees employed by Recipient to remove asbestos and lead from demolished or otherwise applicable structures. 6. Leave the demolished site clean, level and free of debris. 7. Notify the Department promptly of any unusual existing condition which hampers the contractors work. 8. Obtain all required permits. 9. Provide addresses and marked maps for each site where water wells and septic tanks are to be closed along with the number of wells and septic tanks located on each site. Provide documentation of closures. 10. Comply with mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94 -163). 11. Comply with all applicable standards, orders, or requirements issued under Section 112 and 306 of the Clean Air Act (42 U.S.C. 1857 (h), Section 508 of the Clean Water Act (33 U.S. 1368), Executive Order 11738, and the U.S. Environmental Protection Agency regulations (40 CFR Part 15 and 61). This clause shall be added to any subcontracts. 12. Provide documentation of public notices for demolition activities. D -8 Attachment E 16F 3 FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF EMERGENCY MANAGEMENT Request for Advance or Reimbursement of Hazard Mitigation Grant Program Funds SUBGRANTEE NAME: Collier County ADDRESS: CITY, STATE, ZIP CODE PAYMENT No: HMGP Tracking Number: 1300 -0007 DECLARATION NO: FEMA- 13 06-DR-FL DCA Agreement No: QIHM- 6L- 09 -21 -15 -007 Eligible Amount 100% Obligated FEMA 100% Previous Payments Current Request DCA Use Only Approved Comments TOTAL CURRENT REQUEST $ I certify that to the best of my knowledge and belief the above accounts are correct, and that all disbursements were made in accordance with all conditions of the DCA agreement and payment is due and has not been previously requested for these amounts. SUBGRANTEE SIGNATURE NAME AND TITLE DATE: TO BE COMPLETED BY DEPARTMENT OF COMMUNITY AFFAIRS APPROVED PROJECT TOTAL $ ADMINISTRATIVE COST $ APPROVED FOR PAYMENT $ GOVERNOR'S AUTHORIZED REPRESENTATIVE DATE E -1 FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS 16F DIVISION OF EMERGENCY MANAGEMENT SUMMARY OF DOCUMENTATION IN SUPPORT OF AMOUNT CLAIMED FOR ELIGIBLE DISASTER WORK UNDER THE HAZARD MITIGATION GRANT PROGRAM Applicant Collier County Disaster No.1306 DCA Agreement No. 01HM- 6L- 09 -21 -15 -007 HMGP Tracking #1300 -0007 Applicant's Reference No. (Warrant, Voucher, Claim Check, or Schedule No.) Date of delivery of articles, completion of work or performance services. DOCUMENTATION List Documentation (Applicant's payroll, material out of applicant's stock, applicant owned equipment and name of vendor or contractor) by category and line item in the approved project application and give a brief description of the articles or services. Applicant's Eligible Costs 100% TOTAL E -2 Attachment F 16F 3 FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF EMERGENCY MANAGEMENT QUARTERLY REPORT FORM SUBGRANTEE: Collier County PROJECT LOCATION: Retrofit DISASTER NUMBER: FEMA -DR- 1306 -FL Project Number #:1300 -0007 DCA ID #: 01HM- 6L- 09 -21 -15 -007 QUARTER ENDING: Percentage of Work Completed (may be confirmed by state inspectors): Project Proceeding on Schedule: [ ] Yes [ ] No Describe milestones achieved during this quarter: Provide a schedule for the remainder of work to project completion: Describe problems or circumstances affecting completion date, milestones, scope of work, and cost: Cost Status: [ ] Cost Unchanged [ ] Under Budget [ ] Over Budget Additional Comments/Elaboration: NOTE: Department of Community Affairs (DCA) staff may perform interim inspections and /or audits at any time. Events may occur between quarterly reports which have significant impact upon your project(s), such as anticipated overruns, changes in scope of work, etc. Please contact DCA as soon as these conditions become known, otherwise you may be found non - compliant with your subgrant award. Name and Phone Number of Person Completing This Form. F -1 BOARD OF COUNTY COMMISSIONERS 1611 MISCELLANEOUS CORRESPONDENCE March 27, 2001 FOR BOARD ACTION: 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. Districts: 1) Collier County Mosquito Control District — Annual Financial Report for FYE 1999 -2000 and Audit & Management Letter FYE 9/30/00 2) Cow Slough Water Control District — Annual Financial Report for FYE 1999- 2000 and Audit & Management Letter FYE 9/30/00 3) Heritage Greens Community Development District — Annual Financial Report for FYE 1999 -2000 and Audit & Management Letter FYE 9/30/00, Minutes of October 9, 2000 meeting and Financial Statement — unaudited — August 31, 2000 4) Naples Heritage Community Development District — Annual Financial Report for FYE 1999 -2000, Audit & Management Letter FYE 9/30/00, Schedule of Regular Meetings FY 2000 -2001 and Minutes of October 9, 2000 meeting 5) Mediterra South Community Development District — Minutes for the November 30, 2000 and January 24, 2001 meetings and Financial Statements Unaudited -10/31 /00 and 12/31 /00 6) Cedar Hammock Community Development District — Minutes for the October 9, 2000 meeting, Financial Statements Unaudited — 7/31/00 and Schedule of Regular Meetings FY 2000 -2001 7) Fiddler's Creek Community Development District — Minutes for the October 25, November 7 and December 6, 2000 meetings and Financial Statements Unaudited — 10 -31 -00 and December 31, 2000, Minutes for January 24, 2001 meeting 8) Big Cypress Basin Board of the South Florida Water Management District — Agenda of February 28, 2001 meeting 9) North Naples Fire Control & Rescue District — Schedule of Regular Meetings, Registered Agent and Registered Office, District Map and Facility Record B. Minutes: 1) Collier County Metropolitan Planning Organization — Agenda for January 26, 2001 H:Data/Format 16J1'+ 2) Select Committee on Community Character and Design — Notice of January 30 & 31, 2001 meetings 3) Hispanic Affairs Advisory Board — Agenda for February 22, 2001 meeting 4) Rural Fringe Assessment Area Oversight Committee — Notice of January 31 and February 14, 2001 meeting, and Agenda for January 31 and February 14, 2001 meetings and Minutes of January 17, 2001 meeting 5) Collier County Airport Authority — Agenda for February 12, 2001 meeting and Minutes of December 11, 2000 meeting 6) Isle of Capri Fire/Rescue Advisory Board — Agenda for February 1, 2001 meeting 7) Pelican Bay MSTBU Advisory Committee —Agenda for February 7, 2001, Minutes of January 3, 2001 meeting 8) Rural Lands Assessment Area Oversight committee — Agenda for February 26, 2001 meeting and Notice of February 26, 2001 meeting and Minutes of January 22, 2001 meeting 9) Emergency Medical Services Advisory Council — Agenda for February 28, 2001 meeting and Minutes of January 31, 2001 meeting 10) Collier County Metropolitan Planning Organization — Notice of February 23, 2001 meeting C. Other: 1) Collier County Fire Control & Rescue Districts — Summary of Plan Review Activity for December 2000 and the Average number of Days in Fire Plan Review. H:Data/Format MEMORANDUM TO: Sue Filson, Administrative Assistant Board of County Commissioners FROM: Derek Johnssen, General Accounting Manager Clerk of the Circuit Court/Finance Department DATE: February 15, 2001 16J1 ' Misc. Correspondence Agenda Date Agenda Item # doara of Count -Y Commissioners RE: Miscellaneous Correspondence - BCC Agenda Please place the following items on the next available BCC agenda and call me at extension 8350 with the date and Miscellaneous Correspondence agenda item number. Collier County Mosquito Control District 1. Pursuant to Florida Statutes Chapters 189 and 190, Collier County Mosquito Control District, has submitted the following: (a) (b) Thank you :\special \special Annual Financial Report for FYE 1999 -2000 Audit & Management Letter FYE 9/30/00 a� U / January 09, 2001 600 NORTH ROAD NAPLES, FLORIDA 34104 -3464 Telephone: (941) 436 -1000 Fax: (941) 436 -1005 www.collier-mosquito.org Clerk of the Circuit Court Finance Department c/o Dwight E. Brock 2671 Airport Road, Court Plaza III Naples, Florida 34105 Dear Mr. Brock: Enclosed for your files you will find: COMMISSIONERS: ROBERT D GEROY, CHAIRMAN ROBERT A. BOYER, SECRETARY JEANNE E BROOKER, TREASURER FRANCIS J. BI.ANCHARD JOHN N WINTERS DIRECTOR: FRANK W. VAN ESSEN, PhD 16J1 Annual Audit Report - Year ended September 30, 2000 (Which includes Auditor's Management Letter with District's Response) Annual Financial Report - Year ended September 30, 2000 This should complete filing requirements for the2000 -2001 budget and auditing process for the year ended September 30, 2000. Sincerely, Joan D. Owens Director, Administration Enclosures (listed above) Iri ca to a3i n O 4� o 0 C> n -n m y CD 03 I CL CD a N 0 0 O m c m C7 A�7 bd a M - r—I'll n O s• z O l=r. °v fD rw O Erl b C w w C� z 0 Ell ~ to G ~ 0 o Co C v a c � O N 0 CD O R f7 Y/ O 3 a A) a E a, g C � 4 C a• � �c n a Cc 0 _I As O a z 4� IC Im d O 16J1' 16J? D 0 0 0 T .v rn fv cn 0 � _n _n c X o 0 0 =r -• Lu c S3 CD cD �' n m D a CL co vi vi -D a m °• D 0 Cr m C 3 n cn a O O n G(DD U1 y CD n n co �, v y v �, c�D m 3 o z z " -i z U m m O W • O C O n a1 N O0i1 C CD 0 to = CD -n O t0 � t1! T1 O to CD O Iw 0 0 U 0 b a 3 � � IL O �' i v z D u �' L L 2 rb Z' it c . cD O .O•► p N c O $i P4 • c� C b CD m o 'v o• O a a g is a 40 3, �>w• v $ A N O fD ' o CL CD c n �'► °w � a ` Lp °* a ` a N C no ZI O C O n a1 N O0i1 C CD 0 to = CD -n O t0 � t1! T1 O to CD O Iw 0 0 U 0 b a 3 � � IL O �' i v z D u �' L L 2 Z' o 3. I N b O 7 O C O n a1 N O0i1 C CD 0 to = CD -n O t0 � t1! T1 O to CD O Iw 0 0 U 0 b a 3 � � IL O �' i v z D u �' L L r N f-' 0 0 O ( C N d 2 Z' o 3. N r N f-' 0 0 O ( C N d D C 'm �-.. c pm " m N T �' Cf � W O 3 r� 0 °-% �m O o a ma CL 3 N M C O ci m m p1 n O F-+ r-+ r• m n O y rt O 0 O p rt O r b r• ca rt rt r• A rt On � 41 pa d n — C N d CL T c CL 0 1 O H ro n a O V x o A W O rr m N � r O Ol O O O M °�' v o a a) r Y O m m pp w O m m co m 0 m M m m rt rn y C cn : w �.► CD rt m rn N T 00 Lo O O O O O � O h-+ N N 00 N t-- N %O 00 � N N N N O i I 1 i I t e e r c r n V G n R Z y O 7 m n C w � � 3 00 ►-+ r N v, 0 00 -f-I a O O C 3 D C 'm �-.. c pm " m N T �' Cf � W O 3 r� 0 °-% �m O o a ma CL 3 N M C O ci m m p1 n O F-+ r-+ r• m n O y rt O 0 O p rt O r b r• ca rt rt r• A rt On � 41 pa d n — C N d CL T c CL 0 1 O H ro n a O V x o A W O rr m N � r O Ol O O D c m m = x O _ IUD �a 1 N m V �1 O N o Iv m _ w 0 y < = a A = 3 a 3 $a'a°o m I0 � r r• y RI 2 a[C., C 0 0 — W fT r'1 n n 7 m d c N d 7 CL T c CL Gi O C Vf n .� Z c D Q 7 ID N � r r O O y O O o 1 x Co b mIl (`D Q r• h y Pt N w rt :j O r r• w O :3 O 0�0 W G cn ^� N m w n < �• o � In N T1 C C a 0 •wc °i w rn w 0 0 0 0 w N r-+ N OD �- V V1 V �O �O F-•� V W T N N v _ I i I I i i i i i I f 4 e n c n R u c D In 19 C'f C 7 w ~ N om -4 N l!7 ^J t0 F•r � N N v W 3 D c m m = x O _ IUD �a 1 N m V �1 O N o Iv m _ w 0 y < = a A = 3 a 3 $a'a°o m I0 � r r• y RI 2 a[C., C 0 0 — W fT r'1 n n 7 m d c N d 7 CL T c CL Gi O C Vf n .� Z c D Q 7 ID N � r r O O y O 16J1 COLLIER MOSQUITO CONTROL DISTRICT GENERAL PURPOSE FINANCIAL STATEMENTS, TOGETHER WITH REPORTS OF INDEPENDENT ACCOUNTANTS SEPTEMBER 30, 2000 TABLE OF CONTENTS Report of Independent Accountants General Purpose Financial Statements: 16J1 " PAGES 1 Combined Balance Sheet — All Fund Types and Account Groups 2 Statement of Revenues, Expenditures and Changes in Fund Balance- 3 General Fund Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual — General Fund 4 Notes to General Purpose Financial Statements 5 Independent Accountants' Report on Compliance and on Internal Control Over Financial Reporting Based on an Audit of General Purpose Financial Statements Performed in Accordance with Government Auditing Standards 11 Management Letter 13 I� Donald W. Ashley, P.A. Certified Public Accountant Report of Independent Accountants Board of Commissioners Collier Mosquito Control District Naples, Florida 16J1 366 East Olympia Avenue Punta Gorda, Florida 33950 Phone: 941.639.6600 Fax: 941.639.6115 We have audited the accompanying general purpose financial statements of the Collier Mosquito Control District as of and for the year ended September 30, 2000, as listed in the Table of Contents. These general purpose financial statements are the responsibility of the District's management. Our responsibility is to express an opinion on these general purpose financial statements based on our audit. We conducted our audit in accordance with generally accepted auditing standards and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States. Those standards require that we plan and perform our audit to obtain reasonable assurance about whether the general purpose financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the general purpose financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall general purpose financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. In our opinion, the general purpose financial statements referred to above present fairly, in all material respects, the financial position of the Collier Mosquito Control District as of September 30, 2000, and the results of its operations for the year then ended, in conformity with generally accepted accounting principles. In accordance with Government Auditing Standards, we have also issued our report dated October 27, 2000, -- on our consideration of the District's internal control over financial reporting and our tests of its compliance with certain provisions of laws, regulations and contracts. That report is an integral part of an audit performed in accordance with Government Auditing Standards and should be read in conjunction with this report in considering the results of our audit. Punta Gorda, Florida�°'^'"9� October 27, 2000 16J1 Collier Mosquito Control District Combined Balance Sheet - All Fund Types and Account Groups September 30, 2000 ASSETS AND OTHER DEBIT Cash Certificates of Deposit Inventories Property, plant and equipment Amount to be provided for retirement of long -term debt Total assets and other debit Governmental Fund Type Account Groups General General General Total Fund Fixed Assets Long -Term Debt (Memorandum Only) $ 598,515 $ 598,515 1,000,000 1,000,000 1,923,390 1,923,390 $ 8,748,812 8,748,812 $ 285,500 285,500 $ 3,521,905 $ 8,748,812 $ 285,500 $ 12,556,217 LIABILITIES AND FUND EQUITY LIABILITIES Accounts payable $ 15,055 Salaries and related taxes payable 30,270 Accrued compensated absences Total liabilities 45,325 FUND EQUITY Investment in general fixed assets Fund balances Reserved for inventory Unreserved, undesignated Total fund equity Total liabilities and fund equity $ 15,055 30,270 $ 285,500 285,500 285,500 330,825 8,748,812 8,748,812 1,923,390 1,923,390 1,553,190 1,553,190 3,476,580 8,748,812 - 12,225,392 $ 3,521,905 $ 8,748,812 $ 285,500 $ 12,556,217 The accompanying notes are an integral and essential part of these financial statements. i7 Collier Mosquito Control District - Statement of Revenues, Expenditures and Changes in Fund Balance - General Fund year ended September 30, 2000 ® Revenues Taxes Intergovernmental Interest Miscellaneous Total revenues Expenditures Current Physical environmental services Personal services Operating expenditures Capital outlay Total expenditures Excess of revenues over expenditures Proceeds from sale of assets Fund balance October 1, 1999 Increase in inventory reserve Fund balance, September 30, 2000 -- The accompanying notes are an integral and essential part of these financial statements. 3 16J1 $ 4,296,049 10,282 140,202 14,150 4,460,683 1,712,100 2,196,951 93,743 4,002,794 457,889 128,250 2,012,899 877,542 $ 3,476,580 Collier Mosquito Control District Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual - General Fund year ended September 30, 2000 Revenues Taxes Intergovernmental Interest Miscellaneous Total revenues Expenditures Current Physical environmental services Personal services Salaries and wages Payroll taxes and benefits Operating expenditures Travel, utilities, repairs and service Chemicals Gasoline, oil and lube Other supplies and materials Other operating expenditures Capital outlay Contingency Total expenditures Excess of revenues over (expenditures) Proceeds from sale of assets Fund Balance, October 1, 1999 Increase in inventory reserve Fund Balance, September 30, 2000 16J1 1,323,631 Variance 104,584 Favorable Budget Actual (Unfavorable) $ 4,296,049 $ 4,296,049 $ - 10,282 10,282 140,202 140,202 - 14,150 14,150 - 4,460,683 4,460,683 - 1,323,631 1,219,047 104,584 521,019 493,053 27,966 734,513 636,081 98,432 1,280,073 1,210,573 69,500 76,130 57,878 18,252 87,498 65,489 22,009 249,048 226,930 22,118 100,360 93,743 6,617 383,711 - 383,711 4,755,983 4,002,794 753,189 (295,300) 457,889 753,189 128,250 128,250 - 967,050 2,012,899 1,045,849 - 877,542 877,542 $ 800,000 $ 3,476,580 $ 2,676,580 The accompanying notes are an integral and essential part of these financial statements. 4 16J1 Collier Mosquito Control District Notes to General Purpose Financial Statements 1. Summary of Significant Accounting Policies: The following is a summary of the more significant accounting policies of the District: Defining the Governmental Reporting Entity: The Collier Mosquito Control District,(the District) is an independent special tax district created to perform mosquito control and suppression in Collier County, Florida, in accordance with Chapter 388, Florida Statutes. The District was created as the Naples Mosquito Control District by Chapter 63 -1234, Florida Statutes, and was changed to Collier Mosquito Control District by Chapter 76 -351, Florida Statutes. The business and affairs of the District are governed by a board of five commissioners who are elected for terms of four years. The District has adopted Governmental Accounting Standards Board (GASB) Statement Number 14, "Financial Reporting Entity." This statement requires the financial statements of the District (the primary government) to include its component units if any. A component unit is a legally separate organization for which the elected officials of the primary government are financially accountable. y Based on the criteria established in GASB 14, there are no component units included in the District's financial statements. Fund Accounting: The accounts of the District are organized on the basis of funds and account groups, each of which is considered a separate accounting entity. The operations of each fund are accounted for with a separate set of self - balancing accounts that comprise its assets, liabilities, fund equity, revenue and expenditures, as appropriate. Government resources are allocated to and accounted for in individual funds based upon the purpose for which they are to be spent and the means by which spending activities are controlled. The following fund types and account groups are used by the District: Governmental Fund Type General Fund - The General Fund is the general operating fund of the District. All financial resources which are not specifically restricted or designated as to use are recorded in the General Fund. Account Groups General Fixed Assets - This self - balancing account group is used to account for all fixed assets of the District, which have a cost of $750 or more and an estimated useful life of more than one year. General Long -Term Debt - This self - balancing account group is used to account for all long -term debt of the District. 16J1 Collier Mosquito Control District Notes to General Purpose Financial Statements 1. Summary of Significant Accounting Policies, continued Measurement Focus: Governmental Fund Type - The General Fund is accounted for on a "spending" or "financial flow" measurement focus. This means that only current assets and current liabilities are generally included on the balance sheet. Accordingly, the reported undesignated fund balance (net current assets) is considered a measure of available, spendable or appropriable resources. Governmental Fund Type operating statements present increases (revenue) and decreases (expenditures) in net current assets. Account Groups - The General Fixed Assets Account Group and the General Long -Term Debt Account Group are concerned only with the measurement of financial position. They are not involved with the measurement of results of operations. Basis of Accounting: Basis of accounting refers to when revenue and expenditures are recognized in the accounts and reported in the general purpose financial statements. Basis of accounting relates to the timing of the measurements made, regardless of the measurement focus applied. The modified accrual basis of accounting is followed by the Governmental Fund of the District, whereby revenue is recognized when it becomes measurable and available as net current assets. Taxpayer assessed income and gross receipts are considered "measurable" when in the hands of intermediary collecting governments and are recognized as revenue at that time. Expenditures are generally recognized under the modified accrual basis of accounting when the related fund liability is incurred. Exceptions to this general rule include: (1) principal and interest on general long -term debt, if any, which are recognized when due and (2) expenditures are not divided between years by the recording of prepaid expenses. Fixed Assets: Fixed assets used in Governmental Fund Type operations (general fixed assets) are accounted for in the General Fixed Assets Account Group, rather than in the Governmental Fund Type. No depreciation has been provided on general fixed assets. All fixed assets are valued at historical cost, or estimated historical cost if actual historical cost is not available. Donated fixed assets are valued at their estimated fair market values on the dates donated. Budgets and Budgetary Accounting: The following procedures are used by the District in establishing the budgetary data reflected in the general purpose financial statements: 1. During the summer, the Director submits to the Board of Commissioners for their consideration a proposed operating budget for the fiscal year commencing on October 1. The operating budget includes proposed expenditures and the means of financing them. 2. Public hearings are conducted to obtain taxpayer comments. — 3. Prior to October 1, the budget is adopted through a resolution by the Board of Commissioners. The budget is then approved by the Florida Department of Agriculture and Consumer Services, Bureau of Entomology and Pest Control. Lai 16J1 Collier Mosquito Control District Notes to General Purpose Financial Statements 1. Summary of Significant Accounting Policies, continued Budgets and Budgetary Accounting, continued 4. Budget transfers and amendments can be made throughout the year by approval of the Board of Commissioners and the Florida Department of Agriculture and Consumer Services, Bureau of Entomology and Pest Control. 5. Budget amounts, as shown in these general purpose financial statements are as amended by the Board of Commissioners and approved by the Florida Department of Agriculture and Consumer Services, Bureau of Entomology and Pest Control. 6. The budget for the Governmental Fund Type is adopted on a basis consistent with generally accepted accounting principles. 7. The level of control for appropriations is exercised at the functional level. Encumbrances: Encumbrance accounting, under which purchase orders, contracts and other commitments for the expenditure of monies are recorded in order to reserve that portion of the applicable appropriation, is not employed by the District because it is, at present, not necessary to assure effective budgetary control or to facilitate effective cash planning and control. Inventories: Inventory consisting primarily of expendable chemicals, fuel, and aircraft parts to be used in operations are stated at the lower of cost (first -in, first -out method) or market. The District utilizes the purchase method of accounting, which provides that expenditures are recognized when the inventory items are purchased. Reported inventories are equally offset by a fund balance reserve which indicates that they do not constitute "available spendable resources." Compensated Absences: The District's employees accumulate sick and annual leave based on years of continuous service. Upon termination of employment, employees can receive payment for accumulated annual leave, if they meet certain criteria. Accumulated sick and annual leave payable at September 30, 2000 was $285,500. The amount of compensated absences recorded as expenditures in the Governmental Fund Type is the amount accrued during the year that would normally be liquidated with expendable available financial resources. Only the current portion of the liability for compensated absences is recorded on the balance sheet of the Governmental Fund Type. The remainder of the liability, if any, is recorded in the General Long -Term Debt Account Group. At September 30, 2000 all accumulated compensated absences are considered long -term. Total Columns on Combined General Purpose Financial Statements - Overview: Total columns on combined general purpose financial statements are captioned "memorandum only" to indicate that they are presented only to facilitate financial analysis. Data in these columns do not present financial position or results of operations in conformity with generally accepted accounting principles. Neither is such data comparable to a consolidation. 16J1 Collier Mosquito Control District Notes to General Purpose Financial Statements -- 2. Cash and Investments: At September 30, 2000, the carrying amount of the District's deposits, including certificates of deposit, was $1,598,515, and the bank balance was $2,070,811. These deposits were entirely covered by Federal Depository Insurance or by collateral pursuant to the Florida Security For Public Deposits Act (Florida Statutes Chapter 280). Florida Statutes authorize investments in certificates of deposit, savings accounts, repurchase agreements, the Local Government Surplus Funds Trust Fund administered by the Florida State Board of Administration, obligations of the U.S. Government and government agencies unconditionally guaranteed by the U.S. Government. The District's investment policy permits the investment in investment savings accounts and certificates of deposit with state - certified, qualified public depositories. Cash and investments consisted of the following as of September 30, 2000: Interest bearing checking account Money market account Certificate of Deposit 3. Inventories: Inventories consisted of the following at September 30, 2000: Fuel and chemicals Aircraft and vehicle parts 4. Changes in General Fixed Assets: A summary of changes in general fixed assets follows: Carrying Bank Amount Balance $ 246,180 $ 393,954 352,335 76,857 1,000,000 1,600,000 $ 1,598,515 $ 2,070,811 $ 1,216,005 707,385 $ 1,923,390 W Balance Balance October 1, 1999 Additions Deletions September 30, 2000 Leasehold improvements $ 4,996,718 $ 2,800 $ 1,288 $ 4,998,230 Aircraft 2,502,052 - 27,070 2,474,982 Heavy equipment 80,755 - - 80,755 Vehicles 305,009 16,160 12,162 309,007 Tools and equipment 918,556 79,832 112,550 885,838 $ 8,803,090 $ 98,792 $ 153,070 $ 8,748,812 W 16J1 Collier Mosquito Control District Notes to General Purpose Financial Statements 5. Changes in General Long -Term Debt: The following is a summary of changes in the District's general long -term debt for the year ended September 30, 2000: Accrued compensated absences payable, October 1, 1999 $ 278,639 Net increase in accrued compensated absences payable 6,861 Accrued compensated absences payable, September 30, 2000 $ 285,500 6. Commitments and Contingencies: -- Long -Term Leases: The District is committed under a non - cancelable operating lease for the use of property. Total payments under the non - cancelable operating lease for the year ended September 30, 2000 were $40,300. The lease provides that rents shall be increased at three year intervals if the consumer price index increases during that three year period. Future minimum lease payments under non - cancelable operating leases having remaining terms in excess of one year as of September 30, 2000 are as follows: 2001 2002 2003 2004 2005 Thereafter Total future minimum lease payments 7. Property Taxes: $ 40,300 40,300 40,300 40,300 40,300 483,600 $ 685,100 Property taxes are levied on November 1 of each year, and are due and payable upon receipt of the notice of levy. The Collier County, Florida, Tax Collector's office bills and collects property taxes on behalf of the District. The tax rate levied upon all of the taxable property in Collier County for mosquito control for the fiscal year ended September 30, 2000 was $.1923 per $1,000 of assessed taxable property value. Property tax revenue is recognized currently in the fiscal year for which the taxes are levied. On May 1 of each year, unpaid taxes become a lien on the property. The past due tax certificates are sold at public auction prior to June 1, and the proceeds thus collected are remitted to the District. 9 16J1 Collier Mosquito Control District Notes to General Purpose Financial Statements 8. Retirement Plan: The District contributes to the Florida Retirement System (System), a cost - sharing multiple - employer PERS defined benefit plan controlled by the State Legislature and administered by the Florida Department of Administration, Division of Retirement. The System provides retirement and disability benefits, annual cost -of- living adjustments, a health insurance subsidy, and survivor benefits to plan members and beneficiaries, respectively. The System was established in 1970 by Chapter 121, Florida Statutes. Changes to the law can be made only by an act of Florida Legislature. Rules governing the operations and administration of the System may be found in Chapter 60S of the Florida Administrative Code. The Florida Retirement System Annual Report is a document printed for members of the Legislature and the public, reflecting the financial operation and condition of the state - administered retirement systems. The publication contains financial statements, actuarial comments, investment information, and statistical data on the System. A copy can be obtained by writing to Division of Retirement, Research, Education, & Policy Section, 2639 -C North Monroe Street, Tallahassee, Florida 32399 -1560. Funding Policy Presently, the System does not require contributions from covered members. The District is required to contribute an actuarially determined rate. The current rates, based on employees' gross earnings, are: regular employees, 9.15 %; senior management, 11.13 %; deferred retirement option program, 12.5 %; and elected officials, 16.99 %. The contribution requirements of the District are established and may be amended by the State Legislature. The District contributions to the System for the fiscal year ended September 30, 2000 were approximately $123,770, equal to the required contributions for that year. 10 .ME= Donald W. Ashley, P.A. Certified Public Accountant Independent Accountant's Report on Compliance and on Internal Control Over Financial Reporting Based on an Audit of General Purpose Financial Statements Performed in Accordance with Government Auditing Standards Board of Commissioners Collier Mosquito Control District Naples, Florida 16J1 366 East Olympia Avenue Punta Gorda, Florida 33950 Phone: 941.639.6600 Fax: 941.639.6115 We have audited the general purpose financial statements of the Collier Mosquito Control District (the District) as of and for the year ended September 30, 2000 and have issued our report thereon dated October 27, 2000. We conducted our audit in accordance with generally accepted auditing standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Compliance As part of obtaining reasonable assurance about whether the District's general purpose financial statements are free of material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, and contracts, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit and, accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance that are required to be reported under Government Auditing Standards. Internal Control Over Financial Reporting In planning and performing our audit, we considered the District's internal control over financial reporting in order to determine our auditing procedures for the purpose of expressing our opinion on the general purpose financial statements and not to provide assurance on the internal control over financial reporting. Our consideration of the internal control over financial reporting would not necessarily disclose all matters in the internal control over financial reporting that might be a material weakness. A material weakness is a condition in which the design or operation of one or more of he internal control components does not reduce to a relatively low level the risk that misstatements in amounts that would be material in relation to the financial statements being audited may occur and not be detected within a timely period by employees in the normal course of performing their assigned functions. We noted no matters involving the internal control over financial reporting and its operations that we consider to be material weaknesses. 11 16 Si Internal Control Over Financial Reporting, continued This report is intended solely for the information and use of management and Board of Commissioners of the Collier Mosquito Control District, the Auditor General of the State of Florida, and other state and federal audit agencies. However, this report is a matter of public record and its distribution is not limited. Punta Gorda, Florida October 27, 2000 12 w. ,RR. L� Donald W. Ashley, P.A. Certified Public Accountant Management Letter Board of Commissioners Collier Mosquito Control District Naples, Florida 16J1 366 East Olympia Avenue Punta Gorda, Florida 33950 Phone: 941.639.6600 Fax: 941.639.6115 We have audited the general purpose financial statements of the Collier Mosquito Control District (the "District ") as of and for the year ended September 30, 2000, and have issued our report thereon dated October 27, 2000. In connections with our audit, we are submitting the following report in accordance with Chapter 10.500 'Rules of the Auditor General - Local Governmental Entity Audits" (Revised September 30, 2000) and Section 11.45(3)(a)5., Florida Statutes. PRIOR YEAR COMMENTS WHICH CONTINUE TO APPLY None CURRENT YEAR COMMENTS During the 2000 session, the Legislature amended Chapter 218.415, Florida Statutes, in regard to the investment of public funds. We feel that the existing policy of the District is still adequate and within the provisions of the revised legislation. Due to the changes in the law and the large variety of investment vehicles that financial institutions now offer, the Board may wish to revisit its current policy and practices. We have included in this letter all comments which came to our attention during the course of our audit regarding Items 1 through 8 , as applicable, of the 'Rules of the Auditor General - Local Governmental Entity Audits," Rule 10.554, Section (1)(e). In regard to Item 2, nothing came to our attention to cause us to believe that at any time during the year the District met any of the criteria for being in a state of financial emergency as defined in Florida Statute 218.503(1). In regard to Item 3, the financial report filed with the Florida Department of Banking and Finance pursuant to Section 218.32(1)(a), Florida Statutes, is in agreement with the annual financial audit report for the year ended September 30, 2000. In regard to Item 4, the District has complied with Section 218.415, Florida Statutes, regarding the investment of public funds. This report is intended solely for the use of management of the Board of Commissioners of the Collier Mosquito Control District and the Auditor General of the State of Florida and should not be used for any other purpose. However, this report is a matter of public record and its distribution is not limited. Punta Gorda, Florida October 27, 2000 13 I it P TO: FROM DATE: RE: MEMORANDUM Sue Filson, Administrative Assistant Board of County Commissioners Derek Johnssen, General Accounting Manager Clerk of the Circuit Court/Finance Department 444fff February 15, 2001 Miscellaneous Correspondence - BCC Agenda ' -"* 16J-1 J-14 Misc. Correspondence Agenda Date Agenda Item # RECEIVED MA , . L. I Board of County Conunissioners Please place the following items on the next available BCC agenda and call me at extension 8350 with the date and Miscellaneous Correspondence agenda item number. Cow Slough Water Control District 1. Pursuant to Florida Statutes Chapters 189 and 190, Cow Slough Water Control District, has submitted the following: (a) Annual Financial Report for FYE 1999 -2000 (b) Audit & Management Letter FYE 9/30/00 Thank you 167Iq 2 Aspeciallspecial ti i C Z4LI4 !1'a Iry I]�v1'4(`ri 6 J1 January 26, 2001 Mr. James Giles Clerk of the Circuit Court Collier County 3301 Tamiami Trail Naples, Florida 33941 -3044 Dear Mr. Giles: In accordance with the requirements of Florida Statutes, Sections 11.45 and 218.32 (1) (b), enclosed please find one copy of the Annual Financial Report and one copy of the Annual Local Government Financial Report for fiscal year ended September 2000, for the Cow Slough Water Control District. Thank you. T rely, Dana Clement District Administrator Cow Slough Water Control District Enclosures (2) Certified Mail Number: 7099 3400 0007 2614 7522 AACSAUDrr.LEr W �I �1 0 C O N m U) n N O N I a CD a N O O O 'T1 _ m p1 n 0 N b z M m 0 co b w �'* o CD CD 0 C cn CD CD �. a � — c 0 v0, N r ry N EY N CD w O x m 0 N O SO !O 0 p1 0 G1 O <D 3 fD 0v 0 n� CL I �OC 'p 4 o � . o C 4 D on �a CX 'D C n m c^ n 2~ � O n; O C o Z to O Err 'D 1D O d Si JAN 3 1 MI 0 0 0 Z c R 3 U) M m � CD o' -a m m X .0 7' W m d m m 16J1 m 0 t E i 3 W 0 0 vi U m 0 0 N =r 0 m cD � =r 0 m Z c 3 3 Y a ° •v o cD — a a Ln n� co y Q y Eh v O (7 CAD n O 0 (�D Z c nZi ff b z M m 0 co b w �'* o CD CD 0 C cn CD CD �. a � — c 0 v0, N r ry N EY N CD w O x m 0 N O SO !O 0 p1 0 G1 O <D 3 fD 0v 0 n� CL I �OC 'p 4 o � . o C 4 D on �a CX 'D C n m c^ n 2~ � O n; O C o Z to O Err 'D 1D O d Si JAN 3 1 MI 0 0 0 Z c R 3 U) M m � CD o' -a m m X .0 7' W m d m m 16J1 x N M r P ° 0 0 <E- x s tz O O C a CL "D a M• w o ca CL m xx� 0 a N � Q fO � lD uo n W -41 N , „w o — � CL CD A) m -, M C � a J 40 g' CD w a o z z 0 0 m 0 t E i 3 W 0 0 vi U m 0 0 N =r 0 m cD � =r 0 m Z c 3 3 Y a ° •v o cD — a a Ln n� co y Q y Eh v O (7 CAD n O 0 (�D Z c nZi ff Z 'D � v CD ` r O q A c� -n z' �• rn N A Cl) o V o x N M r P ° 0 0 <E- x s tz O O C a CL "D a M• w o ca CL m xx� 0 a N � Q fO � lD uo n W -41 N , „w o — � CL CD A) m -, M C � a J 40 g' CD w a o z z 0 0 on "a 0 4 o a o. a G'. d m 0 t E i 3 W a CL A D FL x i Z 'D !y g ` r O q A c� -n z' �• N A Cl) o V o O Ln !O � r+ O to -n �. .Q o 2) a) 0 on "a 0 4 o a o. a G'. d H Q M �J rt 3 m cu ca rt n ' H @ 0 w � ~ 'n G (D J 0 0 v o 00 OD i i i i i i i i e i r z u a G R R Z O UO co n C ii N OD OD 3 Ln o w 0 u' a O, %D 0 rn U CL c 3 p b TI D I-' D a 16J TI )o _ 00 pa 0 m Jj co co w N I I I I I I 1 i t r i t 0 a C i a A "u "c R r C N 0 OD O N p� 3 d C 16J1' COW SLOUGH WATER CONTROL DISTRICT Annual Financial Report September 30, 2000 COW SLOUGH WATER CONTROL DISTRICT September 30, 2000 Table of Contents ?.6J1'- Pages Independent Auditors' Report 1 General Purpose Financial Statements Balance Sheet - General Fund 2 Statement of Revenues, Expenditures, and Changes in Fund Balance - General Fund 3 Statement of Revenues, Expenditures, and Changes in Fund Balance - Budget and Actual - General Fund 4 Notes to Financial Statements 5 -8 Letters of Comment to Management Report on Compliance and on Internal Control Over Financial Reporting 9 -10 Management Letter 11 -12 Auditee's Response to Auditors' Reports and Management Letter 13 BOY, MILLER, KISKER & PERRY, P.A. 16J1 CERTIFIED PUBLIC ACCOUNTANTS 401 SOUTH W.C. OWEN AVENUE P. O. BOX 488 CLEWISTON, FLORIDA 33440 (863) 983 -5144 (863) 983 -9164 FAX (863) 983 -3765 bmkpcpas@aol.com JOHN B. BOY, JR., C.P.A. DAVID N. MILLER, C.P.A. 'WILLIAM C. KISKER, JR., C.P.A. JOHN C. PERRY, C.P.A. INDEPENDENT AUDITORS' REPORT Board of Supervisors Cow Slough Water Control District LaBelle, Florida 90 YEOMANS AVENUE P. O. BOX 490 LABELLE, FLORIDA 33975 (863) 675 -3777 FAX (863) 675 -0576 bmkpcpas @aol.com MEMBERS AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS FLORIDA INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS We have audited the accompanying general purpose financial statements of Cow Slough Water Control District, as of and for the year ended September 30, 2000, as listed in the table of contents. These general purpose financial statements are the responsibility of the District's management. Our responsibility is to express an opinion on these general purpose financial statements based on our audit. We conducted our audit in accordance with generally accepted auditing standards and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the general purpose financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the general purpose financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall general purpose financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. In our opinion, the general purpose financial statements referred to above present fairly, in all material respects, the financial position of Cow Slough Water Control District, as of September 30, 2000, and the results of its operations for the year then ended in conformity with generally accepted accounting principles. In accordance with Government Auditing Standards, we have also issued our report dated November 20, 2000, on our consideration of Cow Slough Water Control District's internal control over financial reporting and our tests of its compliance with certain provisions of laws, regulations, contracts, and grants. /nX -1A-1) �%�� 9-- Nove Zer 20, 2000 COW SLOUGH WATER CONTROL DISTRICT Balance Sheet - General Fund September 30, 2000 L J ' Assets Investments $76,427 Due from other governments 660 Total assets $77'087 Liabilities and fund equity Liabilities -- Accounts payable $ 4,600 Fund equity -- Fund balance Reserved Reserved for subsequent year's expenditures 10,000 "- Unreserved Undesignated 62,487 Total fund equity 72,487 Total liabilities and fund equity $77,087 See accompanying notes. 2 COW SLOUGH WATER CONTROL DISTRICT Statement of Revenues, Expenditures, and Changes in Fund Balance - General Fund For the Year Ended September 30, 2000 1 6J 1 - r. Revenues Assessments - net of discounts $83,595 Interest 1,491 Total revenues 85,086 Expenditures Current Physical environment Canal maintenance 29,116 Attorney fees 21,007 Engineering fees 15,063 Administrator 11,471 Water quality analysis 3,020 Audit fees 3,000 Assessment fees 2,093 Insurance 1,553 r Dues 675 Postage 602 Office expenditures 378 Legal advertisements 204 Total expenditures 88,182 Excess of revenues under expenditures (3,096) Fund balance - October 1, 1999 75,583 Fund balance - September 30, 2000 $72,487 See accompanying notes. 3 COW SLOUGH WATER CONTROL DISTRICT Statement of Revenues, Expenditures, and Changes in Fund Balance - Budget and Actual - General Fund For the Year Ended September 30, 2000 Revenues Assessments - net of discounts Interest Total revenues Expenditures Current Physical environment Canal maintenance Attorney fees Engineering fees Administrator Water quality analysis Audit fees Assessment fees Insurance Dues Postage Office expenditures Legal advertisements Other Total expenditures Excess of revenues under expenditures Fund balance - October 1, 1999 Fund balance - September 30, 2000 16J1 36,000 22,362 17,500 11,111 3,102 3,000 6,830 1,553 710 600 600 205 6,800 110,373 $(25,001) See accompanying notes. 4 29,116 21,007 15,063 11,471 3,020 3,000 2,093 1,553 675 602 378 204 88,182 (3,096) 75,583 $72,487 6,884 1,355 2,437 (360) 82 4,737 35 (2) 222 1 6,800 22,191 $21,905 Variance - Favorable Budget Actual (Unfavorable) $ 85,372 $83,595 $(1,777) 1,491 1,491 85,372 85,086 (286) 36,000 22,362 17,500 11,111 3,102 3,000 6,830 1,553 710 600 600 205 6,800 110,373 $(25,001) See accompanying notes. 4 29,116 21,007 15,063 11,471 3,020 3,000 2,093 1,553 675 602 378 204 88,182 (3,096) 75,583 $72,487 6,884 1,355 2,437 (360) 82 4,737 35 (2) 222 1 6,800 22,191 $21,905 COW SLOUGH WATER CONTROL DISTRICT Notes to Financial Statements j �. September 30, 2000 6 J The accounting methods and procedures adopted by Cow Slough Water Control District conform to generally accepted accounting principles as applied to governmental entities. The following notes to the financial statements are an integral part of the District's Annual Financial Report. NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES Financial Reporting Entity Cow Slough Water Control District was created by Chapter 89 -426, Senate Bill No. 1511, Laws of Florida, Acts of 1989. The operations of the District are fundamentally governed by special acts pertaining to the District. The District is an independent special district created pursuant to the method authorized in Chapter 298 of the Florida Statutes. A three - member Board of Supervisors elected by the landowners of the District governs the District. The Board appoints a General Manager to administer the policies emanating from its statutory powers and authority. Government Accounting Standards Board (GASB) Statement 14 entitled "The Financial Reporting Entity" establishes criteria for determining which organizations should be included in a governmental financial reporting entity. Based upon application of these criteria, the District has determined that there are no additional governmental departments, agencies, institutions, commissions, public authorities or other governmental organizations operating within the jurisdiction of the Supervisors that would be considered component units to be included in the general purpose financial statements of Cow Slough Water Control District. Basis of Presentation - Fund Accounting The accounts of the District are organized on the basis of funds and account groups, each of which is considered a separate accounting entity. The operations of each fund are accounted for with a separate set of self - balancing accounts that comprise its assets, liabilities, fund equity, revenues, and expenditures. -- Government resources are allocated to and accounted for in individual funds based upon the purposes for which they are to be spent and the means by which spending activities are controlled. Currently, all financial resources of the District are accounted for in the General Fund. The General Fund is classified as a governmental fund type and is used to account for all revenue and expenditures applicable to the operations of the District which are not properly accounted for in another fund. Public Domain or "Infrastructure" Fixed Assets Public domain or "infrastructure" fixed assets of the District, which consist of canals, dikes, roads, and drainage systems, are not capitalized. 5 COW SLOUGH WATER CONTROL DISTRICT Notes to Financial Statements / September 30, 2000 {„fj NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (continued) Basis of Accounting Basis of accounting refers to when revenues and expenditures are recognized in the accounts and reported in the financial statements. Basis of accounting relates to the timing of the measurements made, regardless of the measurement focus applied. All governmental funds are accounted for using the modified accrual basis of accounting. Under this method, revenues are recognized in the accounting period when they become measurable and available as net current assets. Expenditures are generally recognized under the modified accrual basis of -° accounting when the related fund liability is incurred, if measurable, except expenditures for debt service, prepaid expenses, and other long -term obligations, which are recognized when paid. Budgets and Budgetary Accounting The District follows these procedures in establishing the budgetary data reflected in the financial statements: 1. During April, the Board of Supervisors submits proposed operating budgets for the upcoming fiscal year. The operating budgets include proposed expenditures and the means of financing them. 2. A public hearing is held to obtain taxpayer comments. 3. During May, the budgets are legally enacted through passage of a resolution. 4. All budget changes must be approved by the Board of Supervisors. 5. The budget for the General Fund was adopted on a basis consistent with generally accepted accounting principles. 6. Total budgeted amounts reflect all amendments approved by the Board of Supervisors. Line item changes made during the year were approved by the Board of Supervisors. Encumbrances Encumbrance accounting, under which purchase orders and other commitments for the expenditure of monies are recorded in order to reserve that portion of the applicable appropriation, is not employed in the District's accounting system. Investments Investments are stated at cost or amortized cost, which approximates market. 6 COW SLOUGH WATER CONTROL DISTRICT Notes to Financial Statements September 30, 2000 161j NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (continued) Totals Column on Combined Statement The totals column on the combined statement is captioned "Memorandum Only" to indicate that it is presented only to facilitate financial analysis. Data in this column does not present financial position and results of operations in conformity with generally accepted accounting principles. Also, such data is not comparable to a consolidation. Interfund eliminations have not been made in the aggregation of this data. NOTE 2 - ASSESSMENTS The assessment levy of the District is established by the Board of Supervisors, and becomes an enforceable lien on the property on January 1 of the following year. On May 27, 1999, the District levied an assessment of $9.77 per acre for the fiscal year ended September 30, 2000. All assessments are due and payable on November 1 of each year or as soon thereafter as the tax roll is delivered to the county tax collector. Liens are placed on property as of January 1. All unpaid assessments become delinquent on April 1 following the year in which they are assessed. Discounts are allowed for early payment at the rate of 4% in the month of November, 3% in the month of December, 2% in the month of January and 1% in the month of February. The assessments paid in March are without discount. On or prior to June 1 following the assessment year, certificates are sold for _ all delinquent taxes on real property. After sale, tax certificates bear interest of 18% per year or at any lower rate bid by the buyer. Application for a tax deed on any unredeemed tax certificates may be made by the certificate holder after a period of two years. Unsold certificates become the property of the District bearing interest at a rate of 18% per year. NOTE 3 - INVESTMENTS During the year, investments consisted of an interest - bearing bank account. These funds were entirely covered by federal depository insurance or by a collateral pool pledged to the State Treasurer by financial institutions which comply with the requirements of Florida Statutes and have been designated as qualified public depositories by the State Treasurer. The District's investments are categorized as either (1) insured or registered for which the securities are held by the District or its agent in the District's name, (2) uninsured and unregistered for which the securities are held by the broker or dealer, or its trust department or agent in the District's name, or (3) uninsured and unregistered for which the securities are held by the broker or dealer, or by its trust department or agent but not in the District's name. Categories Carrying Market 1 2 3 Amount Value Interest - bearing bank account $ 76,427 $ $ $ 76,427 $ 76,427 7 COW SLOUGH WATER CONTROL DISTRICT Notes to Financial Statements September 30, 2000 b �1 l NOTE 3 - INVESTMENTS (continued) Florida Statutes, Chapter 218.345, authorizes the District to invest in the Local Government Surplus Funds Trust Fund administered by the State Treasurer; negotiable direct obligations of or obligations unconditionally guaranteed by the U.S. Government; interest - bearing time deposits or savings accounts in financial institutions located in Florida and organized under Federal or Florida laws; obligations of the Federal Farm Credit Banks, the Federal Home Loan Mortgage Corporation, the Federal Home Loan Bank or its district banks, or obligations guaranteed by the Government National Mortgage Association; securities of any open -end or closed -end management type investment company or investment trust registered under the Investment Act of 1940 provided the portfolio is limited to United States Government obligations. NOTE 4 - RISK MANAGEMENT The District is exposed to various risks of loss related to torts, theft of, damage to, and destruction of assets and errors and omissions. The District is a member of the insurance program sponsored by the Florida League of Cities for general liability and public officials liability coverage. The program purchases excess and other specific coverages from third party carriers. Members of the program are billed annually for their portion of the coverage and are not assessable for unanticipated losses incurred by the program. Maximum liability coverage is $2,000,000. NOTE 5 - FUND BALANCE Reservations of the fund balances of the District are created to either (1) satisfy legal covenants that require that a portion of the fund balance be segregated, or (2) identify the portion of the fund balance that is not appropriable for future expenditures. A specific reservation of the fund balance - is as follows: Reserved for Subsequent Year's Expenditures This reserve was created to represent the portion of the fund balance that is reserved for expenditure within the next fiscal year. 8 BOY, MILLER, KISKER & PERRY, P.A. b J 1 CERTIFIED PUBLIC ACCOUNTANTS I. 401 SOUTH W.C. OWEN AVENUE 90 YEOMANS AVENUE P. O. BOX 488 P. O. BOX 490 CLEWISTON, FLORIDA 33440 LABELLE, FLORIDA 33975 (863) 983 -5144 (863) 675 -3777 (863) 983 -9164 FAX (863) 675 -0576 FAX (863) 983 -3765 bmkpcpas @ao1.com bmkpcpas @ao1.com MEMBERS JOHN B. BOY, JR., C.P.A. AMERICAN INSTITUTE OF DAVID N. MILLER, C.P.A. CERTIFIED PUBLIC ACCOUNTANTS WILLIAM C. KISKER, JR., C.P.A. FLORIDA INSTITUTE OF JOHN C. PERRY, C.P.A. CERTIFIED PUBLIC ACCOUNTANTS REPORT ON COMPLIANCE AND ON INTER'-;P.L CONTROL OVER FINANCIAL REPORTING BASED ON AN AUDIT OF FINANCIAL -- STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS Board of Supervisors Cow Slough Water Control District LaBelle, Florida We have audited the general purpose financial statements of Cow Slough Water Control District, as of and for the year ended September 30, 2000, and have issued our report thereon dated November 20, 2000. We conducted our audit in accordance with generally accepted auditing standards and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Compliance As part of obtaining reasonable assurance about whether Cow Slough Water Control District's general purpose financial statements are free of material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grants, noncompliance with which could have M._ a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit and, accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance that are required to be reported under Government Auditing Standards. Internal Control Over Financial Reportin In planning and performing our audit, we considered Cow Slough Water Control District's internal control over f inancial reporting in order to determine our auditing procedures for the purpose of expressing our opinion on the general purpose financial statements and nct to provide assurance on the internal control over financial reporting. Our consideration of the internal control over financial reporting would not necessarily disclose all matters in the internal control over financial reporting tat might be material weaknesses. A material 9 ,- 16JI Internal Control Over Financial Reporting (continued) 'i weakness is a condition in which the design or operation of one or more of the internal control components does not reduce to a relatively low level the risk that misstatements in amounts that would be material in relation to the general purpose financial statements being audited may occur and not be detected within a timely period by employees in the normal course of performing their assigned functions. We noted no matters involving the internal control over financial reporting and its operation that we consider to be material weaknesses. This report is intended for the information of Cow Slough Water Control District and management, and the State of Florida Office of the Auditor General. However, this report is a matter of public record and its distribution is not limited. Respectfully submitted, Ad November 20, 2000 10 BOY, MILLER, KISKER & PERRY, F.A. 16J1 CERTIFIED PUBLIC ACCOUNTANTS 401 SOUTH W.C. OWEN AVENUE P. O. BOX 488 CLEWISTON, FLORIDA 33440 (863) 983 -5144 (863) 983 -9164 FAX (863) 983 -3765 bmkpcpas @aol.com JOHN B. BOY, JR., C.P.A. DAVID N. MILLER, C.P.A. WILLIAM C. KISKER, JR., C.P.A. JOHN C. PERRY, C.P.A. INDEPENDENT AUDITORS' MANAGEMENT LETTER Board of Supervisors Cow Slough Water Control District LaBelle, Florida 90 YEOMANS AVENUE P. O. BOX 490 LABELLE, FLORIDA 33975 (863) 675 -3777 FAX (863) 675 -0576 bmkpcpas @aol.com MEMBERS AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS FLORIDA INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS We have audited the financial statements of Cow Slough Water Control District, whose headquarters is located in Arcadia, Florida, as of and for the fiscal year ended September 30, 2000, and have issued our report thereon dated November 20, 2000. We have issued our Report on Compliance and on Internal Control Over Financial Reporting dated November 20, 2000. Disclosures in that report, if any, should be considered in conjunction with this management letter. We conducted our audit in accordance with generally accepted auditing standards and the standards applicable to financial audits contained in Government Auditincr Standards, issued by the Comptroller General of the United States. Additionally, our audit was conducted in accordance with the provisions of Chapter 10.550, Rules of the Auditor General, which govern the conduct of local governmental entity audits performed in the State of Florida and require that certain items be addressed in this letter. The Rules of the Auditor General (Section 10.554 (1) (f) 1.) require that we comment as to whether or not irregularities in the preceding annual financial audit report have been corrected. There were no irregularities disclosed in the preceding annual financial audit report. The Rules of the Auditor General (Section 10.554 (1) (f) 2.) require that we comment as to whether or not recommendations made in the preceding annual financial audit - report have been followed. There were no recommendations made in the preceding annual financial audit report. As required by the Rules of the Auditor General (Section 10.554(1)(f)3.), the scope of our audit included a review of the provisions of Section 218.503(1), Florida Statutes, "Determination of Financial Emergency ". In connection with our audit, nothing came to our az�tention that caused us to believe that Cow Slough Water Control District is in a state of financial emergency as a consequence of the conditions described in Section 218.503(1), Florida Statutes. 11 16J1 As required by the Rules of the Auditor General (Section 10.554 (1) (f) 4.) , we determined that the annual financial report for Cow Slough Water Control District for the fiscal year ended September 30, 2000, was filed with the Department of Banking and Finance Pursuant to Section 218.32, Florida Statutes, and is in agreement with the annual financial audit report for the fiscal year ended September 30, 2000. The Rules of the Auditor General (Sections 10.554(1)(f)6.,7.,8.,9.) require disclosure of the following matters in the management letter, if not already addressed in the auditors' report on compliance and on internal control: recommendations to improve financial management, accounting procedures, and internal controls; violations of laws, rules, and regulations which may or may not materially affect the financial statements; illegal or improper expenditures which may or may not materially affect the financial statements; improper or inadequate accounting procedures (e.g., the omission of required disclosures from the financial statements); failures to properly record financial transactions; and other inaccuracies, irregularities, shortages, and defalcations discovered by the auditor. No matters were noted that required disclosure under Rules of the Auditor General (Sections 10.554(1)(f)6.,7.,8.,9.). The Rules of the Auditor General (Section 10.554(1)(f)10.) also require that the name or official title and legal authority for the primary government and each component unit of the reporting entity be disclosed in the management letter, unless disclosed in the notes to the financial statements. Cow Slough Water Control District was created by Chapter 89 -426, Senate Bill No. 1511, Laws of Florida, Acts of 1989. There are no other entities that are considered to be component units requiring disclosure in the general purpose financial statements of Cow Slough Water Control District. This management letter is intended solely for the information of Cow Slough Water Control District and management, and the State of Florida Office of the Auditor General. However, this report is a matter of public record and its distribution is not limited. Respectfully submitted, 6 otl &&— I Novefter 20, 2000 12 COW SLOUGH WATER CONTROL DISTRICT P.O. Box 1986 Arcadia, Florida 34265 November 20, 2000 AUDITEE'S RESPONSE TO AUDITORS' REPORTS AND MANAGEMENT LETTER William O. Monroe, CPA Auditor General State of Florida Dear Mr. Monroe: 16J1 The Rules of the Auditor General (Section 10.557(2)(g)) require the audit report to include a written statement of explanation, including corrective action to be taken, or a rebuttal regarding any deficiencies cited in the auditors' reports and management letter. There were no deficiencies cited in the current year auditors' reports or management letter. Si ere y, llas Townse16Y Su ervis r p o Cow Slough Water Control District MEMORANDUM TO: Sue Filson, Administrative Assistant Board of County Commissioners FROM: Derek Johnssen, General Accounting Manager Clerk of the Circuit Court/Finance Department DATE: February 15, 2001 16J1 Misc. Correspondence Agenda Date Agenda Item # RECEIVED Board of County Commissioners RE: Miscellaneous Correspondence - BCC Agenda Please place the following items on the next available BCC agenda and call me at extension 8350 with the date and Miscellaneous Correspondence agenda item number. Heritage Greens Community Development District 1. Pursuant to Florida Statutes Chapters 189 and 190, Heritage Greeens Community Development District, has submitted the following: (a) (b) Thank you Annual Financial Report for FYE 1999 -2000 Audit & Management Letter FYE 9/30/00 lspeciallspecial ;tuti'l# '/ j / �4 3 t. i, oy, dii s 110: Heritage Greens 16J1 Community Development District January 30, 2001 Clerk of the Circuit Court 2671 Airport Road, Court Plaza III P.O. Box 413016 Naples, Florida 34112 -3016 Attention: Mr. Derek Johnssen General Accounting Manager Subject: Heritage Greens Community Development District Fiscal Year 2000 Annual Financial Report of Units of Local Government Dear Mr. Johnssen: Pursuant to Florida Statues, Section 218.32(1)(b), enclosed please find the following: 1. General Purpose Financial Statements September 30, 2000. 3. Local Government Annual Financial Report. (2 copies) If you have any questions or require any additional information, please contact me. Yours sincerely, HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT 4LOJ, Z�� Karen D. Ellis Assistant Director of Financial Services Enclosures 210 North University Drive ... Suite 301 ... Coral Springs, Florida 33071...Telephone (954) 753 - 5841... 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Q c N CD 0 CD a- 2 G� a C') o 3 CD CD 3 w o CD CT Cr (n Ln r L" s T ca WD U a coo O coo CD A W N i a 0 0 - O O W N O O O N W ffi f!i fA W W Co n W 0 w 0 °0o 0 GO co N cn O O w O ffl fA -1 ffl co W A cn V CD Cn W Cn N al O O N O O co O CD fA 0 fA 0 fA 0 ffl 0 ffl 0 69 O EA fp ffl co 6j N Cn W CJii W W CWn W co co O O N 01 v CD Ln O O n 0 0 c w CD CD 0 0 7 D 0 0 0 CD 7 n FL Q CD ci CD a CD w m C, CD CD 7 c W CD — CD Z CD N Q :? o o w CD �. w m — m m Z3 rn c CD 0 3 CD w CD -o CD m o' a D � a � CD a < At a CL n 0 c 3 7 0 O a (D a K CD O o °i w a CL c C CD O N O O N 16J1 HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT COLLIER COUNTY, FLORIDA INDEPENDENT AUDITORS' REPORT AND GENERAL- PURPOSE FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2000 Grau &Company, PA. certified public accountants 6 HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT COLLIER COUNTY, FLORIDA TABLE OF CONTENTS 16J1 PAGE INDEPENDENT AUDITORS' REPORT .................... ............................... 1 GENERAL - PURPOSE FINANCIAL STATEMENTS Balance Sheet -All Governmental Fund Types and Account Groups ......................... 2 -3 Statement of Revenues, Expenditures and Changes in Fund Balances - All Governmental Fund Types .. ............................... 4 Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual - All Governmental Fund Types ......................... 5 NOTES TO FINANCIAL STATEMENTS ................ ............................... 6 -11 INDEPENDENT AUDITORS' REPORT ON COMPLIANCE AND ON INTERNAL CONTROL OVER FINANCIAL REPORTING BASED ON AN AUDIT OF GENERAL - PURPOSE FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS ........... ............................... 12 MANAGEMENT LETTER PURSUANT TO THE RULES OF THE AUDITOR GENERAL FOR THE STATE OF FLORIDA ... ............................... 13 -14 'Grau &Company,PA. certified public accountants " Grau &Company, PA. certified public accountants 2700 North Military Trail - Suite 350 Boca Raton, Florida 33431 (561) 994 -9299 - (800) 299 -4728 Fax (561) 994 -5823 www.graucpa.com 16J1 INDEPENDENT AUDITORS' REPORT To the Board of Supervisors Heritage Greens Community Development District Collier County, Florida We have audited the accompanying general - purpose financial statements of Heritage Greens Community Development District, Collier County, Florida ( "District') as of and for the fiscal year ended September 30, 2000, as listed in the Table of Contents. These general - purpose financial statements are the responsibility of the District's management. Our responsibility is to express an opinion on these general- purpose financial statements based on our audit. We conducted our audit in accordance with generally accepted auditing standards, and Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the general - purpose financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the general - purpose financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall general - purpose financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. In our opinion, the general - purpose financial statements referred to above present fairly, in all material respects, the financial position of the District, as of September 30, 2000, and the results of its operations for the fiscal year then ended, in conformity with generally accepted accounting principles. In accordance with Government Auditing Standards, we have also issued a report dated December 11, 2000, on our consideration of the Heritage Greens Community Development District's internal control over financial reporting and our tests of its compliance with certain provisions of laws, regulations, contracts and grants. This report is an integral part of an audit performed in accordance with Government Auditing Standards and should be read in conjunction with this report in considering the results of our audit. December 11, 2000 1611 % %% §k/ 2 % -W 2 &- k - k § § �M M� ��k 2 § o % 2 ® § § _ / - E 2 - § 4 J $ _ . E � \ e 0 2 o § \ e a o§ 2 2 �$« 4 o Aƒ 2 3 _ E _ kk q �kk\k§0 � k / § ~ ® 2 f C-4 r § ci _ oil k § [ C4 w o a 9 n �_ § w CD _ 0����� - § woujooCL w� °° Ck c 2 ■o ƒ� 7 Mu _ w� 2 ° 0CL LL � m z >�w■ KOSoco— ® C w 8C14§ f _ ■ ■ _3 <P� Sq<93 wk kk! ®It 1 04 ~ 7 R _ 20ui «�& E _ � � 0 0 /)k K$ § J � U r �� �2 �� 2 o §� w z _ 2 I � � © a &- � af%£af§ �M M� ��k 2 § o CO 2 ® § § _ / - E 2 - § 4 J $ _ . E e o §■ \ e 0 2 o § \ e a o§ 2 2 �$« 4 o Aƒ 2 2 m O O M LC r t0 O I gag 1.- _ ppI is n a O �0. p act p C0 0O < r O CO N �I � I O N N di O O O O O Mu c vi C6 La 0 0 � W U. M L (3 LL >Owo °. p W LL W! 9 N D ZC9oy'$ +�' �Z;zZ vaw Z =p =mI c �C>JV W OV coo co owaaW v _ j is �0 c �_ w0 a W o . a y c TO 0 LO m a Z� g Q � m W m O O M LC r t0 O V. I 0 C4 w m Oct Q Cp�i ppI is n a Vin; �0. p V. I I p N t00 a0 c e c N 7 3 W m� Uz- U- W ' A C Jim co a W d Za w cl 12 J p N _ �p Z r J 9 Li H 16J1 N C 75 �U C N C 'C O C U` 5 Qr a a o 0 3 4 U c i U V Ir of r rn o n i is n v v v � p act p r �I � I I � N I I p N t00 a0 c e c N 7 3 W m� Uz- U- W ' A C Jim co a W d Za w cl 12 J p N _ �p Z r J 9 Li H 16J1 N C 75 �U C N C 'C O C U` 5 Qr a a o 0 3 4 U c i U V Ir 16J1 N C 75 �U C N C 'C O C U` 5 Qr a a o 0 3 4 U c i U V Ir HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT, COLLIER COUNTY, FLORIDA STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES ALL GOVERNMENTAL FUND TYPES FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2000 (With Comparative Totals for September 30, 1999) REVENUES Maintenance assessments Special assessments Developer contributions Interest income Total Revenues EXPENDITURES Current General Government Debt service: Interest Principal retirement Capital Outlay Total Expenditures Debt Capital General Service Projects Fund Fund Fund 16J1 Total Memorandum Only 000 1999 $ 110,652 $ $ $ 110,652 $ 111,510 1,742,394 1,742,394 1,268,412 192,814 3.929 52.105 5.050 61,084 46.940 114.581 1.794.499 5.050 1.914.130 1.619.676 73,638 15,590 89,228 109,852 358,669 358,669 446,944 1,375,000 1,375,000 1,210,000 58 73.638 1.749.259 1.822.897 1.766.854 EXCESS (DEFICIENCY) OF REVENUES OVER (UNDER) EXPENDITURES 40,943 45,240 5,050 91,233 (147,178) FUND BALANCES - OCTOBER 1 39.062 1.107.692 91.781 1.238.535 1,385.713 FUND BALANCES - SEPTEMBER $ 80.005 ,� $ 1.329.768 $ 1.238.535 See notes to the financial statements �T�''� Grau &Company,PA. certified public accountants 4 v k 0 � Z k ■ IX oW0. — B &ws�:w JCCCLM W� jU.k o COUJ,O _ UU w it :U) ■ (o ■ §�§ §_j U) -J eLL 0« w�w?gU) §W�■ _ 1- w w �z / k § x k � 2 U) k k � zq R Lli L k Z k a _ z \ \ I § 0) § ■ � -V: a_ Q b 0 § § N G / w z 2 w ` S z k �g k E z a a f A 2 < % � J � b z z _ 2 b� i A © @ cn _ k �LO� m - _ s k § $ § k L \ 04 k § _ � - « _ k cn _ � q m _ L6 C6 0 m 0§§ 7 k L6 gi §C2 Ci R E m n ui Go (n 2 LO p Q � |d 7 $ k $ o § k $ k � k k \ c m 1611 k E a 2 � k 2 R $ 0 c $ n T U) zq R Lli Z k a , z \ \ w § ■ � § a_ Q b 0 § § k$ w w z z z w ` S z k �g k E z a a f A 2 2 % � J I a b z z & 2 b� i U- 1611 k E a 2 � k 2 R $ 0 c $ n T HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT COLLIER COUNTY, FLORIDA NOTES TO FINANCIAL STATEMENTS 16J1 NOTE 1 - THE DISTRICT Heritage Greens Community Development District ( "District ") was created on July 20, 1993 pursuant to the Uniform Community Development District Act of 1980, otherwise known as Chapter 190, Florida Statutes, by Collier County Ordinance 93 -39. The Act provides among other things, the power to manage basic services for community development, power to borrow money and issue bonds, and to levy and assess non -ad valorem assessments for the financing and delivery of capital infrastructure. The District was established for the purposes of financing and managing the acquisition, construction, maintenance and operation of a portion of the infrastructure necessary for community development within the District. The District is governed by the Board of Supervisors ( "Board ") which is composed of five members. The Supervisors are elected on a at large basis by the owners of the property within the District. Ownership of land within the District entitles the owner to one vote per acre. The Developer "U. S. Home Corporation" currently owns a majority of the land. Two of the Board members are affiliated with the Developer. The Board of Supervisors of the District exercise all powers granted to the District pursuant to Chapter 190, Florida Statutes. The Board has the final responsibility for: 1. Assessing and levying maintenance taxes and special assessments. 2. Approving budgets. 3. Exercising control over facilities and properties. 4. Controlling the use of funds generated by the District. 5. Approving the hiring and firing of key personnel. 6. Financing improvements. Reporting Entity The District's financial statements include the operations of all Organizations for which the District Board of Supervisors is considered to be financially accountable. There are no entities considered to be component units of the District; therefore, the financial statements include only the operations of the District. As a result "— of the facts and circumstances discussed above, the District is treated as a separate entity from that of Collier County. Budget Reauirements The District is required to establish a budgetary system and an approved Annual Budget. The District's budgeting process is based on estimates of cash receipts and cash expenditures which are approved by the Board. The budget approximates a basis consistent with generally accepted accounting principles. The District follows these procedures in establishing the budgetary data reflected in the financial statements. a) Each year the District's Manager submits to the District Board a proposed operating budget for the fiscal year commencing the following October 1. The operating budget includes proposed expenditures and means of financing them on the General Fund and Debt Service Fund. b) Public hearings are conducted to obtain taxpayer comments. c) Prior to October 1, the budget is legally adopted by the District Board. Grau &Company,PA. certified public accountants 6 16J1 NOTE 1 - THE DISTRICT (Continued) d) All budget changes must be approved by the District Board. e) The budget for the General Fund and Debt Service Fund are adopted on a basis consistentwith generally accepted accounting principles. f) Unused appropriation for annually budgeted funds lapse at the end of the year. g) The budget amounts shown in the financial statements are the final authorized amounts. No budget was prepared for the Capital Projects Fund as there were no expenditures during the year ended September 30, 2000. The Debt Service Fund budget was amended by increasing revenues by $1,431,512 °- and appropriations by $1,239,724. NOTE 2 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES Basis of Presentation The accounts of the District are organized on the basis of funds and account groups each of which is considered a separate accounting entity. The operations of each fund are accounted for with a separate set of self - balancing accounts that comprise its assets, liabilities, fund equity, revenues, and expenditures. The various funds are grouped in the financial statements in this report, into one fund type and two account group categories as follows: Governmental Funds General Fund The General Fund is the general operating fund of the District. It is used to account for all financial resources except those required to be accounted for in another fund. Debt Service Fund The Debt Service Fund is used to account for the accumulation of resources for the annual payment of principal and interest on long -term general obligation debt. Capital Projects Fund Capital Projects Fund accounts for financial resources to be used for the acquisition or construction of major capital facilities. Account Groug General Fixed Assets Account Group This account group is used to establish accounting control and accountability for the fixed assets of the District utilized in its general operations. _ General Long Term Debt Account Group The General Long Term Debt Account Group is used to account for long term liabilities to be financed from governmental fund types. Fixed Assets Public domain general fixed assets consisting of certain improvements including bridges and drainage systems are capitalized and are valued at historical cost. No depreciation has been provided on general fixed assets, nor has interest been capitalized. Basis of Accounting The accounting and financial reporting treatment applied to all funds is determined by its measurement focus. °— All Governmental Funds are accounted for on a spending measurement focus. Only current assets and current liabilities are generally included in their balance sheet. Their operating statements present sources (revenue and other financing sources) and uses (expenditures and other financing uses) of available spendable resources (net current assets) during the period. "T"" Grau &Company, PA. f � certified public accountants 7 16J1 NOTE 2 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) The modified accrual basis of accounting is used for all governmental fund types. Under this method, -- revenues are recorded when received in cash, except in cases where they are both measurable and available. "Measurable" means that the amount of transaction can be determined and "available" means that the amount of the transaction is collectible within the current period or soon enough thereafter to be used to pay liabilities of the current period. Expenditures are recorded when goods or services are received and actual liabilities are incurred. Disbursements for the purchase of capital assets providing future benefits are considered expenditures and are accounted for in the General Fixed Assets Account Group. Principal and interest on general long -term debt are recorded as fund liabilities when due. Those revenues susceptible to accrual are developer contributions, maintenance and special assessments and interest revenue. Investments Investments consisting of cash management accounts investing in short term government obligations are stated at cost which approximates fair value. Maintenance assessments The District levied a non -ad valorem maintenance assessment on all platted lots within the District. Maintenance assessments are levied each November 1 on property as of the previous January 1. The fiscal year for which taxes are levied begins on October 1 with a maximum discount available for payments through November 30 and becomes delinquent on April 1. The Collier County, Florida, Tax Collector's Office bills and collects maintenance taxes on behalf of the District. The maintenance assessment represents the amount -- collected from each lot owner for operating and maintenance expenditures of the District. Maintenance assessments levied for the year ended September 30, 2000 were $207.43 per unit. In conformance with governmental accounting principles, maintenance assessments relating to the current budget and collected within 60 days after the end of the budget period are recognized as revenue currently. Special assessments The District is required to impose special assessments on each parcel of benefitted land within the District in accordance with the bond indenture. Certain assessments are collected upon closing on each lot sold and are used to prepay a portion of the Bonds and to pay a portion of the interest owed. The District must also levy and collect additional annual assessments to provide funds for additional debt service on the portion of the bonds which are not paid for from the prepaid assessments. In conformance with governmental accounting principles, special assessments relating to the current budget and collected within 60 days after the end of the budget period are recognized as revenue currently. Encumbrances The District does not have a formalized encumbrance accounting system. However, substantially all - expenditures for consultants are performed under contracts. There are no significant outstanding encumbrances at September 30, 2000. Total Columns on Combined Statement Total columns on the combined statements are captioned "memorandum only" to indicate that they are presented only to facilitate financial analysis. Data in these columns do not present financial position or results of operations, in conformity with generally accepted accounting principles. Also, such data is not -- comparable to a consolidation. Grau &Company, PA. certified public accountants NOTE 2 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) 16JI Use of Estimates The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities, and disclosure of contingent assets and liabilities at the date of the financial statements, and the reported amounts of revenues and expenditures during the reporting period. Actual results could differ from those estimates. Reclassifications "- Certain reclassifications have been made to the 1999 presentation in order to conform with the 2000 presentation. .._ NOTE 3 - CASH AND INVESTMENTS Cash The District's cash balances were entirely covered by federal depository insurance or by a collateral pool pledged to the State Treasurer. Florida Statutes Chapter 280, "Florida Security for Public Deposits Act", all qualified depositories to deposit with the Treasurer or another banking institution eligible collateral equal to various percentages of the average daily balance for each month of all public deposits in excess of any applicable deposit insurance held. The percentage of eligible collateral (generally, U.S. Governmental and agency securities, state or local government debt, or corporate bonds) to public deposits is dependent upon the depository's financial history and its compliance with Chapter 280. In the event of a failure of a qualified public depository, the remaining public depositories would be responsible for covering any resulting losses. Investments The District has elected to proceed under the Alternative Investment Guidelines as set forth in Section 218.415 (15) Florida Statutes. Certain investments are required to be categorized to give an indication of the level of risk assumed by the entity at year end. The three categories of risk are: 1) Insured or registered, or securities held by the entity or its agent in the entities name. 2) Uninsured and unregistered, with securities held by the counter - party's trust department or agent in the entities name. 3) Uninsured and unregistered, with securities held by the counterparty or by its trust department or agent but not in the entities name. -- The District records all interest revenue related to investment activities in the respective funds. Cash management account CARRYING/ FAIR VALUE 1 027 968 The cash management account investments are not categorized because they are not evidenced by securities that exist in physical or book entry form. I Grau&Company,PA. � certified public accountants 9 NOTE 4 - GENERAL FIXED ASSETS 16JI Changes in general fixed assets during the year are summarized below: Balance Balance October 1 September 1999 Additions Deletions 30, 2000 Improvements 4 779 670 4 779 670 NOTE 5 - LONG TERM DEBT On January 1, 1997, the District issued $6,000,000 of Special Assessment Bonds, Series 1997, Term Bonds due on May 1, 2018 with a fixed interest rate of 8.25 %. The Bonds were issued to finance the acquisition and construction of certain improvements for the benefit of the District. Interest is paid semiannually on each May 1 and November 1, commencing May 1, 1997. Principal on the Serial Bonds is paid serially commencing May 1, 1998 through May 1, 2018. The following is a summary of bond transactions for the fiscal year ended September 30, 2000: General Long -Term Debt Account Group _- Balance, October 1, 1999 $ 4,545,000 Additions Deletions (1,375,000) Bond payable at September 30, 2000 3 170 000 At September 30, 2000, the scheduled debt service requirements on the long - term debt were as follows: — Year Ending September 30, Principal Interest Total 2001 $ 80,000 $ 254,925 $ 334,925 2002 85,000 247,913 332,913 _ 2003 95,000 240,075 335,075 2004 100,000 231,825 331,825 2005 110,000 222,750 332,750 2006 through 2018 2,700,000 1,591,013 4,291.013 Total 3 170 000 2 788 501 5 958 501 The Bonds are subject to redemption at the option of the District, in whole or in part at any time on or after r May 1, 2007 at a redemption price as set forth in the Bond Indenture. The Bonds are subject to extraordinary mandatory redemption prior to maturity in the manner determined by the Bond Registrar if certain events occurred as outlined in the Bond Indenture. This occurred during the year ended September 30, 2000 as the District collected assessments from the lot owners and prepaid $1,280,000 of the Bonds. See Note 6 -Subsequent Events for additional call amount subsequent to year end which was used to pay down the Bonds. The Bond Indenture requires that the District maintain adequate funds in a reserve account to meet the debt service reserve requirement as defined in the Indenture. The requirement has been met for fiscal year ended September 30, 2000. �Grau &Company,P.A. �i certified public accountants 10 w NOTE 5 - LONG TERM DEBT (Continued) 16J1 ' The Bond Indenture has certain restrictions and requirements relating principally to the use of proceeds to pay for the infrastructure improvements and the procedures to be followed by the District on assessments to property owners. The District agrees to levy special assessments in annual amounts adequate to provide -- payment of debt service and to meet the reserve requirements. The District is in compliance with the requirements of the Bond Indenture. NOTE 6 - SUBSEQUENT EVENTS On November 1, 2000 the District called $425,000 of the Special Assessment Bonds Series 1997 as allowed in the Bond Indenture. The redemption was an extraordinary mandatory redemption as described in the Bond -- Indenture. NOTE 7 - RISK MANAGEMENT The District is exposed to various risks of loss related to torts; theft of, damage to, and destruction of assets; errors and omissions; and natural disasters. These risks are covered by commercial insurance from independent third parties. Settled claims from these risks have not exceeded commercial insurance coverage for the past three years. NOTE 8 - PRIOR PERIOD ADJUSTMENT In prior years, the District reported special assessments receivable as well as the offsetting deferred revenue for special assessments that are to be levied. In accordance with generally accepted accounting principles the receivable and deferred revenue has been eliminated from the current financial statements. This change .._ in reporting had no effect on the District's statement of revenues, expenditures, and changes in fund balances. I �'" Grau &Company,PA. f � certified public accountants 11 Grau &Company, PA. certified public a ccountants 16J1 2700 North Military Trail - Suite 350 Boca Raton, Florida 33431 (561)994 -9299 - (800)299-4728 Fax(561)994 -5823 www.graucpa.com — INDEPENDENT AUDITORS' REPORT ON COMPLIANCE AND ON INTERNAL CONTROL OVER FINANCIAL REPORTING BASED ON AN AUDIT OF GENERAL- PURPOSE FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS To the Board of Supervisors _ Heritage Greens Community Development District Collier County, Florida We have audited the general- purpose financial statements of Heritage Greens Community Development District, -- Collier County, Florida as of and for the fiscal year ended September 30, 2000, and have issued our report thereon dated December 11, 2000. We conducted our audit in accordance with generally accepted auditing standards and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Compliance As part of obtaining reasonable assurance aboutwhetherthe Heritage Greens Community Development District's -- general - purpose financial statements are free of material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts and grants, noncompliance with which could have a direct and material effect on the determination of general - purpose financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit and, accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance that are required to be reported under Government Auditing Standards. Internal Control Over Financial Reporting In planning and performing our audit, we considered the Heritage Greens Community Development District's internal control overfinancial reporting in order to determine ourauditing procedures for the purpose of expressing our opinion on the general - purpose financial statements and not to provide assurance on the internal control over — financial reporting. Our consideration of the internal control over financial reporting would not necessarily disclose all matters in the internal control over financial reporting that might be material weaknesses. A material weakness is a condition in which the design or operation of one or more of the internal control components does not reduce to a relatively low level the risk that misstatements in amounts that would be material in relation to the general - purpose financial statements being audited may occur and not be detected within a timely period by employees in the normal course of performing their assigned functions. We noted no matters involving the internal control over financial reporting and its operation that we consider to be material weaknesses. — This report is intended for the information of the management, Board of Supervisors of Heritage Greens Community Development District, Collier County, Florida and the Auditor General of the State of Florida and is not intended to be and should not be used by anyone other than these specified parties. `December 11, 2000 12 Grau &Company, PA. certified public accountants 16J1 2700 North Military Trail - Suite 350 Boca Raton, Florida 33431 (561) 994 -9299 - (800) 2994728 Fax (561) 9945823 www.graucpa.com MANAGEMENT LETTER PURSUANT TO THE RULES OF THE AUDITOR GENERAL FOR THE STATE OF FLORIDA To the Board of Supervisors Heritage Greens Community Development District Collier County, Florida We have audited the accompanying general - purpose financial statements of Heritage Greens Community Development District (the "District') as of and for the year ended September 30, 2000, and have issued our report thereon dated December 11, 2000. We conducted our audit in accordance with generally accepted auditing standards and Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the general- purpose financial statements are free of material misstatement. The purpose of this letter is to comment on those matters described in Rule 10.554(1)(e) as required by the Rules of the Auditor General for the State of Florida. Accordingly, in connection with our audit of the general - purpose financial statements of the District, as described in the first paragraph, we report the following which is included on page 14: I. Current year findings and recommendations. II. Status of prior year findings and recommendations. III. Compliance with the Provisions of the Auditor General of the State of Florida. We previously reported on the District's internal control in our report dated December 11, 2000 on page 12. This report is intended for the information of the management, Board of Supervisors of Heritage Greens Community Development District, Collier County, Florida and the Auditor General of the State of Florida and is not intended to be and should not be used by anyone other than these specified parties. We wish to thank the Heritage Greens Community Development District and the personnel associated with — it, for the opportunity to be of service to them in this endeavor as well as future engagements and the courtesies extended to us. December 11, 2000 13 MANAGEMENT LETTER 1. CURRENT YEAR FINDINGS AND RECOMMENDATIONS 16JI None II. PRIOR YEAR FINDINGS AND RECOMMENDATIONS None III. COMPLIANCE WITH THE PROVISIONS OF THE AUDITOR GENERAL OF THE STATE OF FLORIDA. 1. There were no inaccuracies, shortages, defalcations, fraud, or violations of laws, rules, regulations, or contractual provisions reported in the previous annual financial audit, for the fiscal year ended September 30, 1999. -- 2. There were no recommendations made in the annual financial audit for the yearended September 30, 1999. 3. The financial report filed with the Department of Banking and Finance pursuant to Section 218.32(1)(a), Florida Statutes agrees with the September 30, 2000 financial audit report. 4. The District is not and was not in a state of financial emergency as a consequence of conditions described in section 218.503(1), Florida Statutes. 5. There were no current year recommendations. 6. There were no violation of laws, rules and regulations that have occurred, or are likely to have occurred and were discovered within the scope of the audit. 7. There were no illegal or improper expenditures discovered within the scope of the audit that may or may not materially affect the general - purpose financial statements. 8. There were no matters requiring correction that may or may not materially affect the general purpose financial statements. 9. The District complied with Section 218.415, Florida Statutes, regarding the investment of public funds. 10. The Heritage Greens Community Development District, Collier County, Florida was established under Uniform Community Development District Act, of 1980, otherwise known as Chapter 190, Florida Statutes, on July 20, 1993, and is controlled by an elective body consisting of five members of the Board of Supervisors. The District is financially independent as evidenced by the authority to make and approve its own budget, the power to tax, the authority to buy and sell property, and the authority to incur debt. HeritageGreensOOmpd "�'" Grau &Comjmny,P.A. f �, certified public accountants 14 16J1 HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT COLLIER COUNTY, FLORIDA INDEPENDENT AUDITORS' REPORT AND GENERAL- PURPOSE FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2000 I �'"" Grau &Company,P.A. f i. certified public accountants HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT COLLIER COUNTY, FLORIDA TABLE OF CONTENTS L J I )) (� J PAGE INDEPENDENT AUDITORS' REPORT .................... ............................... 1 GENERAL - PURPOSE FINANCIAL STATEMENTS Balance Sheet -All Governmental Fund Types and Account Groups ......................... 2 -3 Statement of Revenues, Expenditures and Changes in Fund Balances - All Governmental Fund Types .. ............................... 4 Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual - All Governmental Fund Types ......................... 5 NOTES TO FINANCIAL STATEMENTS ................ ............................... 6 -11 INDEPENDENT AUDITORS' REPORT ON COMPLIANCE AND ON INTERNAL CONTROL OVER FINANCIAL REPORTING BASED ON AN AUDIT OF GENERAL- PURPOSE FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS ........... ............................... 12 MANAGEMENT LETTER PURSUANT TO THE RULES OF THE AUDITOR GENERAL FOR THE STATE OF FLORIDA ... ............................... 13 -14 Grau &Company,PA. certified public accountants 11T Grau &Company, PA. certified public accountants 2700 North Military Trail - Suite 350 Boca Raton, Florida 33431 (561) 994 -9299 - (800) 299 -4728 Fax (561) 994 -5823 www.graucpa.com 16J1 INDEPENDENT AUDITORS' REPORT To the Board of Supervisors Heritage Greens Community Development District Collier County, Florida We have audited the accompanying general - purpose financial statements of Heritage Greens Community Development District, Collier County, Florida ( "District") as of and for the fiscal yearended September 30, 2000, as listed in the Table of Contents. These general - purpose financial statements are the responsibility of the District's management. Our responsibility is to express an opinion on these general - purpose financial statements based on our audit. We conducted our audit in accordance with generally accepted auditing standards, and Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the general - purpose financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the general - purpose financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall general - purpose financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. In our opinion, the general - purpose financial statements referred to above present fairly, in all material respects, the financial position of the District, as of September 30, 2000, and the results of its operations for the fiscal year then ended, in conformity with generally accepted accounting principles. In accordance with Government Auditing Standards, we have also issued a report dated December 11, 2000, on our consideration of the Heritage Greens Community Development District's internal controlover financial reporting and our tests of its compliance with certain provisions of laws, regulations, contracts -- and grants. This report is an integral part of an audit performed in accordance with Government Auditing Standards and should be read in conjunction with this report in considering the results of our audit. t% 64„ .J / rl December 11, 2000 rl i ci � E ■ k � k ■ � / 0 (D m 16JI % kI §k§ k § - _ 2 & e a 0 - K R § | LD -0. o $ C 0] 2 0 2� E n ` § f § f § e % a § 2■ f ° k @ a G ■ 0 $ k § 0 J 0 0 L E _ . 12� q tkkfk2f- \ 2 - - _ i q m � ¥ C� . § � � _ g J 0 § . _ . Le \ o 0) _ �� ƒ | � LL 2 f ■ - ����o� ® , woz�o� LuU. RG n LO �'ZoR2 _ �tw� .02 CL0 L w _0CL 6% �-ik � � � §Lq i oul LL IL ^ �_wZU) 2�k� ^ w0U< CL § _ © 0 & K k CD w U UJ 2 k7 _- � � Z w © z rl i ci � E ■ k � k ■ � / 0 (D m 16JI 0 J - $ � _ 2 & e a 2 LD -0. o $ a$$ 0] 2 0 2� E n ` § f § f § e % a § 2■ f ° k @ a G ■ 0 $ k § § 2 2 J 0 0 L rl i ci � E ■ k � k ■ � / 0 (D m 16JI V W N a � °z W M LL CL co) CL c:, >jWO° = uw U. 2 w N d .-. o} Zoos �1—WlZm 3 Z >j,� W N;C 5O(9Vg W o 0 JQF— �C1 co) JILzca W 0 W a Q. Z N LU O C.) t W Z g 3 a m W c LD w � w LL CL J w O f� U- U- F C E N �U C m c N U) 0 yC N 16J1 oo n m c �n 1Tw ° O> ao r co C n tr) M O v (C n r co �cpo N p N� N QI CN r r v W � ACC g OD � C `�1 J f0 CO fK wil m m cc of rn a C7 LL v v 6s 0 0 n m � C) a LL u� u H M M N tf C m LL �I 04 Lo .- N Ln C m E LL— 69 40 8 pp N co a c L H d c LD w � w LL CL J w O f� U- U- F C E N �U C m c N U) 0 yC N 16J1 REVENUES Maintenance assessments _. Special assessments Developer contributions Interest income Total Revenues EXPENDITURES Current General Government Debt service: Interest Principal retirement Capital Outlay Total Expenditures HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT, COLLIER COUNTY, FLORIDA STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES ALL GOVERNMENTAL FUND TYPES FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2000 (With Comparative Totals for September 30, 1999) Debt Capital General Service Projects Fund Fund Fund 16J1 Total Memorandum Only 2000 1999 $ 110,652 $ $ $ 110,652 $ 111,510 1,742,394 1,742,394 1,268,412 192,814 3.929 52.105 5.050 61.084 46.940 114.581 1.794.499 5.050 1.914.130 1.619.676 73,638 15,590 358,669 1,375,000 73.638 1.749.259 89,228 109,852 358,669 446,944 1,375,000 1,210,000 58 1.822.897 1.766.854 EXCESS (DEFICIENCY) OF REVENUES OVER (UNDER) EXPENDITURES 40,943 45,240 5,050 91,233 (147,178) FUND BALANCES - OCTOBER 1 39.062 1.107.692 91.781 1.238.535 1.385.713 FUND BALANCES - SEPTEMBER $ 80.005 $1.152.932 $ 1.329.768 $ 1.238.535 See notes to the financial statements l �"' Grau &Company, PA. / certified public accountants 4 16J1 Z LL 0) 8 4m ° N N f�0 OMl It W r M U � a r M O N r r r r r W Q co H m uj c' M V' m ��Cl N M�; 4Na ti r- M Ci N M m r r r H J n O) c0 ^ My U pCpO NN M ONi N t0 ►� V O U m M M M °er f/i Q N lC6 O W O N Z a U. Ix C W W W v� N aWam Z 0 OGWO�W Z rn uaDy (p 10 �i 8 WOx��(mZa 1L r- °v N �i , O W J 3 r r lC U. U)LLCQ O�'UdW N ZQ O 'O JW W 0 v► 2V gaw u) U-) 0WLL OW6 crn Mi �. V_OZW 0) O N Cc�l -LLi0J o� N a +. V' F- 0 LU is w F Z H Ix N H V O � O = Z d W Zc U. m �y�1 ._ Y3 0 Z o F- c L Y a W , r« io W > U W 0 U (A $ j U'0 y► Q Z Z Z LLI y c O t a° 2 m '� '� LL LL HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT 16JI COLLIER COUNTY, FLORIDA NOTES TO FINANCIAL STATEMENTS NOTE 1 - THE DISTRICT Heritage Greens Community Development District ( "District') was created on July 20, 1993 pursuant to the Uniform Community Development District Act of 1980, otherwise known as Chapter 190, Florida Statutes, by Collier County Ordinance 93 -39. The Act provides among other things, the power to manage basic services for community development, power to borrow money and issue bonds, and to levy and assess non -ad valorem assessments for the financing and delivery of capital infrastructure. The District was established for the purposes of financing and managing the acquisition, construction, maintenance and operation of a portion of the infrastructure necessary for community development within the District. The District is governed by the Board of Supervisors ( "Board ") which is composed of five members. The Supervisors are elected on a at large basis by the owners of the property within the District. Ownership of land within the District entitles the owner to one vote per acre. The Developer "U. S. Home Corporation" currently owns a majority of the land. Two of the Board members are affiliated with the Developer. The Board of Supervisors of the District exercise all powers granted to the District pursuant to Chapter 190, Florida Statutes. The Board has the final responsibility for: 1. Assessing and levying maintenance taxes and special assessments. 2. Approving budgets. 3. Exercising control over facilities and properties. 4. Controlling the use of funds generated by the District. 5. Approving the hiring and firing of key personnel. 6. Financing improvements. -- Reporting Entity The District's financial statements include the operations of all Organizations for which the District Board of Supervisors is considered to be financially accountable. There are no entities considered to be component units of the District; therefore, the financial statements include only the operations of the District. As a result of the facts and circumstances discussed above, the District is treated as a separate entity from that of Collier County. Budoeet Requirements The District is required to establish a budgetary system and an approved Annual Budget. The District's budgeting process is based on estimates of cash receipts and cash expenditures which are approved by the Board. The budget approximates a basis consistent with generally accepted accounting principles. The District follows these procedures in establishing the budgetary data reflected in the financial statements. a) Each year the District's Manager submits to the District Board a proposed operating budget for the fiscal year commencing the following October 1. The operating budget includes proposed expenditures and means of financing them on the General Fund and Debt Service Fund. b) Public hearings are conducted to obtain taxpayer comments. c) Prior to October 1, the budget is legally adopted by the District Board. /Grau &Company, PA. S certified public accountants 6 NOTE 1 - THE DISTRICT (Continued) 16J1 d) All budget changes must be approved by the District Board. e) The budget for the General Fund and Debt Service Fund are adopted on a basis consistent with generally accepted accounting principles. f) Unused appropriation for annually budgeted funds lapse at the end of the year. g) The budget amounts shown in the financial statements are the final authorized amounts. No budget was prepared for the Capital Projects Fund as there were no expenditures during the year ended September 30, 2000. The Debt Service Fund budget was amended by increasing revenues by $1,431,512 and appropriations by $1,239,724. NOTE 2 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES Basis of Presentation The accounts of the District are organized on the basis of funds and account groups each of which is considered a separate accounting entity. The operations of each fund are accounted for with a separate set �- of self - balancing accounts that comprise its assets, liabilities, fund equity, revenues, and expenditures. The various funds are grouped in the financial statements in this report, into one fund type and two account group categories as follows: Governmental Funds General Fund -- The General Fund is the general operating fund of the District. It is used to account for all financial resources except those required to be accounted for in another fund. Debt Service Fund The Debt Service Fund is used to account for the accumulation of resources for the annual payment of principal and interest on long -term general obligation debt. Capital Projects Fund Capital Projects Fund accounts for financial resources to be used for the acquisition or construction of major capital facilities. Account Group General Fixed Assets Account Group This account group is used to establish accounting control and accountability for the fixed assets of the District utilized in its general operations. General Long Term Debt Account Group The General Long Term Debt Account Group is used to account for long term liabilities to be financed from governmental fund types. Fixed Assets Public domain general fixed assets consisting of certain improvements including bridges and drainage systems are capitalized and are valued at historical cost. No depreciation has been provided on general fixed assets, nor has interest been capitalized. Basis of Accountigg The accounting and financial reporting treatment applied to all funds is determined by its measurement focus. All Governmental Funds are accounted for on a spending measurement focus. Only current assets and current liabilities are generally included in their balance sheet. Their operating statements present sources (revenue and other financing sources) and uses (expenditures and other financing uses) of available spendable resources (net current assets) during the period. I Grau &Company,P.A. / �- certified public accountants 7 _ I NOTE 2 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) 6J1 -' The modified accrual basis of accounting is used for all governmental fund types. Under this method, revenues are recorded when received in cash, except in cases where they are both measurable and available. "Measurable" means that the amount of transaction can be determined and "available" means that the amount of the transaction is collectible within the current period or soon enough thereafter to be used to pay liabilities of the current period. Expenditures are recorded when goods or services are received and actual liabilities are incurred. Disbursements for the purchase of capital assets providing future benefits are considered expenditures and are accounted for in the General Fixed Assets Account Group. Principal and interest on general long -term debt are recorded as fund liabilities when due. Those revenues susceptible to accrual are developer contributions, maintenance and special assessments and interest revenue. Investments Investments consisting of cash management accounts investing in short term government obligations are stated at cost which approximates fair value. Maintenance assessments The District levied a non -ad valorem maintenance assessment on all platted lots within the District. _ Maintenance assessments are levied each November 1 on property as of the previous January 1. The fiscal yearfor which taxes are levied begins on October 1 with a maximum discount available for payments through November 30 and becomes delinquent on April 1. The Collier County, Florida, Tax Collector's Office bills and collects maintenance taxes on behalf of the District. The maintenance assessment represents the amount collected from each lot owner for operating and maintenance expenditures of the District. Maintenance assessments levied for the year ended September 30, 2000 were $207.43 per unit. In conformance with governmental accounting principles, maintenance assessments relating to the current budget and collected within 60 days after the end of the budget period are recognized as revenue currently. Special assessments The District is required to impose special assessments on each parcel of benefitted land within the District in accordance with the bond indenture. Certain assessments are collected upon closing on each lot sold and are used to prepay a portion of the Bonds and to pay a portion of the interest owed. The District must also levy and collect additional annual assessments to provide funds for additional debt service on the portion of the bonds which are not paid for from the prepaid assessments. In conformance with governmental accounting principles, special assessments relating to the current budget and collected within 60 days after the end of the budget period are recognized as revenue currently. Encumbrances The District does not have a formalized encumbrance accounting system. However, substantially all expenditures for consultants are performed under contracts. There are no significant outstanding encumbrances at September 30, 2000. Total Columns on Combined Statement Total columns on the combined statements are captioned "memorandum only" to indicate that they are presented only to facilitate financial analysis. Data in these columns do not present financial position or results of operations, in conformity with generally accepted accounting principles. Also, such data is not °-- comparable to a consolidation. l Grau &Company,P.A. _ j� �° certified public accountants 8 16J1 NOTE 2 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) Use of Estimates The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities, and disclosure of contingent assets and liabilities at the date of the financial statements, and the reported amounts of revenues and expenditures during the reporting period. Actual results could differ from those estimates. Reclassifications Certain reclassifications have been made to the 1999 presentation in order to conform with the 2000 presentation. NOTE 3 - CASH AND INVESTMENTS Cash The District's cash balances were entirely covered by federal depository insurance or by a collateral pool pledged to the State Treasurer. Florida Statutes Chapter 280, "Florida Security for Public Deposits Act", all qualified depositories to deposit with the Treasurer or another banking institution eligible collateral equal to various percentages of the average daily balance for each month of all public deposits in excess of any applicable deposit insurance held. The percentage of eligible collateral (generally, U.S. Governmental and agency securities, state or local government debt, or corporate bonds) to public deposits is dependent upon the depository's financial history and its compliance with Chapter 280. In the event of a failure of a qualified public depository, the remaining public depositories would be responsible for covering any resulting losses. Investments The District has elected to proceed under the Alternative Investment Guidelines as set forth in Section 218.415 (15) Florida Statutes. Certain investments are required to be categorized to give an indication of the level of risk assumed by the entity at year end. The three categories of risk are: 1) Insured or registered, or securities held by the entity or its agent in the entities name. 2) Uninsured and unregistered, with securities held by the counter - party's trust department or agent in the _ entities name. 3) Uninsured and unregistered, with securities held by the counterparty or by its trust department or agent but not in the entities name. -- The District records all interest revenue related to investment activities in the respective funds. Cash management account CARRYING/ FAIR VALUE 1 027 968 The cash management account investments are not categorized because they are not evidenced by securities that exist in physical or book entry form. l Grau &Company,P.A. / its certified public accountants 9 NOTE 4- GENERAL FIXED ASSETS 16J1 Changes in general fixed assets during the year are summarized below: Balance Balance October 1 September 1999 Additions Deletions 30, 2000 Improvements 4 779 670 4 779 670 -- NOTE 5 - LONG TERM DEBT On January 1, 1997, the District issued $6,000,000 of Special Assessment Bonds, Series 1997, Term Bonds due on May 1, 2018 with a fixed interest rate of 8.25 %. The Bonds were issued to finance the acquisition and construction of certain improvements for the benefit of the District. Interest is paid semiannually on each May 1 and November 1, commencing May 1, 1997. Principal on the Serial Bonds is paid serially commencing May 1, 1998 through May 1, 2018. The following is a summary of bond transactions for the fiscal year ended September 30, 2000: General Long -Term Debt Account Group Balance, October 1, 1999 Additions Deletions $ 4,545,000 (1,375,000) -- Bond payable at September 30, 2000 3 170 000 At September 30, 2000, the scheduled debt service requirements on the long - term debt were as follows: Year Ending September 30, Principal Interest Total 2001 $ 80,000 $ 254,925 $ 334,925 2002 85,000 247,913 332,913 2003 95,000 240,075 335,075 2004 100,000 231,825 331,825 2005 110,000 222,750 332,750 2006 through 2018 2,700,000 1,591,013 4,291,013 _ Total IZIL8,,501 5 958 501 The Bonds are subject to redemption at the option of the District, in whole or in part at any time on or after May 1, 2007 at a redemption price as set forth in the Bond Indenture. The Bonds are subject to extraordinary mandatory redemption prior to maturity in the manner determined by -- the Bond Registrar if certain events occurred as outlined in the Bond Indenture. This occurred during the year ended September 30, 2000 as the District collected assessments from the lot owners and prepaid $1,280,000 of the Bonds. See Note 6 - Subsequent Events for additional call amount subsequent to year end which was used to pay down the Bonds. The Bond Indenture requires that the District maintain adequate funds in a reserve account to meet the debt service reserve requirement as defined in the Indenture. The requirement has been met for fiscal year ended -- September 30, 2000. �T(" Grau &Company, PA. /� certified public accountants 10 6JI NOTE 5 - LONG TERM DEBT (Continued) The Bond Indenture has certain restrictions and requirements relating principally to the use of proceeds to pay for the infrastructure improvements and the procedures to be followed by the District on assessments to property owners. The District agrees to levy special assessments in annual amounts adequate to provide payment of debt service and to meet the reserve requirements. The District is in compliance with the requirements of the Bond Indenture. _ NOTE 6 - SUBSEQUENT EVENTS On November 1, 2000 the District called $425,000 of the Special Assessment Bonds Series 1997 as allowed in the Bond Indenture. The redemption was an extraordinary mandatory redemption as described in the Bond -- Indenture. NOTE 7 - RISK MANAGEMENT The District is exposed to various risks of loss related to torts; theft of, damage to, and destruction of assets; errors and omissions; and natural disasters. These risks are covered by commercial insurance from independent third parties. Settled claims from these risks have not exceeded commercial insurance coverage -- for the past three years. NOTE 8 - PRIOR PERIOD ADJUSTMENT In prior years, the District reported special assessments receivable as well as the offsetting deferred revenue for special assessments that are to be levied. In accordance with generally accepted accounting principles the receivable and deferred revenue has been eliminated from the current financial statements. This change in reporting had no effect on the District's statement of revenues, expenditures, and changes in fund balances. �T/Grau &Company,PA. f"� � certified public accountants 11 �! 1 I Grau &Company, PA. certified public accountants ?.6J1 2700 North Military Trail - Suite 350 Boca Raton, Florida 33431 (561) 994 -9299 - (800) 299 -4728 Fax (561) 994 -5823 www.graucpa.com INDEPENDENT AUDITORS' REPORT ON COMPLIANCE AND ON INTERNAL CONTROL OVER FINANCIAL REPORTING BASED ON AN AUDIT OF GENERAL- PURPOSE FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS To the Board of Supervisors Heritage Greens Community Development District Collier County, Florida We have audited the general - purpose financial statements of Heritage Greens Community Development District, Collier County, Florida as of and for the fiscal year ended September 30, 2000, and have issued our report thereon dated December 11, 2000. We conducted our audit in accordance with generally accepted auditing standards and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Compliance As part of obtaining reasonable assurance aboutwhetherthe Heritage Greens Community Development District's -- general - purpose financial statements are free of material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts and grants, noncompliance with which could have a direct and material effect on the determination of general - purpose financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit and, accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance that are required to be reported under Government Auditing Standards. Internal Control Over Financial Reporting In planning and performing our audit, we considered the Heritage Greens Community Development District's internal control over financial reporting in order to determine our auditing procedures for the purpose of expressing our opinion on the general - purpose financial statements and not to provide assurance on the internal control over financial reporting. Our consideration of the internal control over financial reporting would not necessarily disclose all matters in the internal control over financial reporting that might be material weaknesses. A material weakness is a condition in which the design or operation of one or more of the internal control components does not reduce to a relatively low level the risk that misstatements in amounts that would be material in relation to the general - purpose financial statements being audited may occur and not be detected within a timely period by employees in the normal course of performing their assigned functions. We noted no matters involving the internal control over financial reporting and its operation that we consider to be material weaknesses. This report is intended for the information of the management, Board of Supervisors of Heritage Greens Community Development District, Collier County, Florida and the Auditor General of the State of Florida and is not intended to be and should not be used by anyone other than these specified parties. �— '4_1 / /'rQJ ecember 11, , 2000 -- 12 �1 Grau &Company, PA. 2700 North Military Trail - Suite 350 certified public accountants Boca Raton, Florida 33431 (561)994- 9299•(800)299-4728 Fax(561)994 -5823 www.graucpa.com 16J1 MANAGEMENT LETTER PURSUANT TO THE RULES OF THE AUDITOR GENERAL FOR THE STATE OF FLORIDA To the Board of Supervisors Heritage Greens Community Development District Collier County, Florida We have audited the accompanying general - purpose financial statements of Heritage Greens Community Development District (the "District') as of and for the year ended September 30, 2000, and have issued our report thereon dated December 11, 2000. We conducted our audit in accordance with generally accepted auditing standards and Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the general - purpose financial statements are free of material misstatement. The purpose of this letter is to comment on those matters described in Rule 10.554(1)(e) as required by the Rules of the Auditor General for the State of Florida. Accordingly, in connection with our audit of the general - purpose financial statements of the District, as described in the first paragraph, we report the following which is included on page 14: I. Current year findings and recommendations. II. Status of prior year findings and recommendations. III. Compliance with the Provisions of the Auditor General of the State of Florida. We previously reported on the District's internal control in our report dated December 11, 2000 on page 12. This report is intended for the information of the management, Board of Supervisors of Heritage Greens Community Development District, Collier County, Florida and the Auditor General of the State of Florida and is not intended to be and should not be used by anyone other than these specified parties. We wish to thank the Heritage Greens Community Development District and the personnel associated with it, for the opportunity to be of service to them in this endeavor as well as future engagements and the courtesies extended to us. December 11, 2000 13 MANAGEMENT LETTER I. CURRENT YEAR FINDINGS AND RECOMMENDATIONS 1611 None PRIOR YEAR FINDINGS AND RECOMMENDATIONS None III. COMPLIANCE WITH THE PROVISIONS OF THE AUDITOR GENERAL OF THE STATE OF FLORIDA. 1. There were no inaccuracies, shortages, defalcations, fraud, or violations of laws, rules, regulations, or contractual provisions reported in the previous annual financial audit, for the fiscal year ended September 30, 1999. 2. There were no recommendations made in the annual financial auditfor the yearended September 30, 1999. 3. The financial report filed with the Department of Banking and Finance pursuant to Section 218.32(1)(a), Florida Statutes agrees with the September 30, 2000 financial audit report. 4. The District is not and was not in a state of financial emergency as a consequence of conditions described in section 218.503(1), Florida Statutes. 5. There were no current year recommendations. 6. There were no violation of laws, rules and regulations that have occurred, or are likely to have occurred and were discovered within the scope of the audit. 7. There were no illegal or improper expenditures discovered within the scope of the audit that may or may not materially affect the general - purpose financial statements. 8. There were no matters requiring correction that may or may not materially affect the general purpose financial statements. 9. The District complied with Section 218.415, Florida Statutes, regarding the investment of public funds. 10. The Heritage Greens Community Development District, Collier County, Florida was established under Uniform Community Development District Act, of 1980, otherwise known as Chapter 190, Florida Statutes, on July 20, 1993, and is controlled by an elective body consisting of five members of the Board of Supervisors. The District is financially independent as evidenced by the authority to make and approve its own budget, the power to tax, the authority to buy and sell property, and _ the authority to incur debt. HeritageGreens00.wpd I �'" Grau &Company, P.A. f � certified public accountants 14 MEMORANDUM TO: Sue Filson, Administrative Assistant Board of County Commissioners FROM: Derek Johnssen, General Accounting Manager Clerk of the Circuit Court/Finance Department DATE: March 8, 2001 RE: Miscellaneous Correspondence - BCC Agenda 16J1', Misc. Correspondence Agenda Date Agenda Item # MAR A �1f Board of County comm, 5.�,n(le, 4 Please place the following items on the next available BCC agenda and call me at extension 8350 with the date and Miscellaneous Correspondence agenda item number. Heritage Greens Community Development District 1. Pursuant to Florida Statutes Chapters 189 and 190, Heritage Greens Community Development District, has submitted the following: (a) Minutes for October 9, 2000 Meeting (b) Financial Statement - Unaudited - August 31, 2000 J(J 163 Thank you \special \special C-5 16J1 � � Severn Trent Environmental Services January 12, 2001 Severn Trent Environmental Services Inc Moyer & Associates 10300 N.W. 11th Manor Coral Springs, Florida 33071 Tel 954 753 0380 Fax 954 755 6701 Memorandum To: Clerk of the Circuit Court Finance Department c% Derrick Johnssen 2671 Airport Road, Court Plaza III P.O. Box 413016 Naples, Florida 34112 -3016 Mr. Thomas W. 011iff Collier County Manager Governmental Center ± 3301 East Tamiami Trail ' Administrative Bldg, Second Floor Naples, Florida 34112 JAN t � f Bruce Anderson, Esq. Young, van Assenderp, Varnadoe & Benton, P.A. P.O. Box 7907 Naples, Florida 33941 Reference: Minutes of Meeting held October 9, 2000 From: Gary L. Moyer Manager Enclosed for your records are copies of the Minutes of the Meeting held by the Board of Supervisors of Heritage Greens Community Development District as referenced above. GLMfir Enc. a part of 16JI 6 -w p AffliU 1 ES OF MEETING 7 HERITAGE GREENS CONY DEVELOPMENT DISTRICT The regular meeting of the Board of Supervisors of the Heritage Greens Community Development District was held Monday, October 9, 2000 at 1:00 p.m. in the Heritage Greens Community Center, 2215 Heritage Greens Drive, Naples, Florida. Present and constituting a quorum were: James Reinders Jan Snider John R. Campbell Also present were: James P. Ward James Carr Peter Wainwright Jim Gillam Chairman Supervisor Assistant Secretary Manager Engineer District Staff District Staff FIRST ORDER OF BUSINESS Roll Call Mr. Reinders called the meeting to order at 1:00 p.m. and stated that the record will reflect that all supervisors are present at roll call with the exception of Mr. Snyder. SECOND ORDER OF BUSINESS Acceptance of Resignation from Peter Comeau and Consideration of Appointment of Supervisor to Fill Unexpired Term of Office Mr. Ward stated the balance of the Board, by motion and second, can appoint someone to fill Mr. Comeau's unexpired term which ends in November, 2001. You may either do it today or at some point in the future. First, by motion, accept Mr. Comeau's resignation from the Board pursuant to his letter dated August 14, 2000. On MOTION by Mr. Reinders seconded by Mr. Campbell' with all in favor Peter Comeau's Resignation from the Board dated August 14, 2000, was accepted. Mr. Reinders asked does anyone have any thoughts for his replacement? October 9, 2000 16J1 Mr. Campbell stated I would like to nominate Mr. Michael Hueniken who is filling my old position at Collier County as a Project Manager for U.S. Home. He has a degree in engineering and finance. He has been with U.S. Home for a year and has been quite successful. Mr. Reinders asked are there any other comments? Is Mr. Hueniken willing to serve? Mr. Campbell responded yes he is. Right now he has gone over to Miami to take his General Contractors licensing exam. On MOTION by Mr. Campbell seconded by Ms. Snider with all in favor Mr. Michael Hueniken was appointed to fill the unexpired term of Mr. Peter Comeau. THIRD ORDER OF BUSINESS Approval of the Minutes of the July 10, 2000 Meeting Mr. Ward stated that each Board member had received a copy of the minutes of the July 10, 2000 meeting and requested any additions, corrections or deletions. There not being any, On MOTION by Mr. Campbell seconded by Mr. Reinders with all in favor the minutes of the July 10, 2000 meeting were approved. FOURTH ORDER OF BUSINESS Staff Reports A. Attorney There not being any, the next item followed. B. Engineer Mr. Carr stated the last time we talked we had the plans for the speed bumps in for review and those have since been approved by Collier County. We did send out bids to seventeen contractors. We received back three proposals. We had Conger Contracting Specialties, Inc. ($7,200), Bonness, Inc. ($8,035), and Griffith Paving, Inc. ($18,000) respond. Mr. Reinders asked does anyone have any thoughts or suggestions on this? Mr. Campbell asked what was the difference between the bids? Mr. Carr stated actually the proposal from Couger did not have very much detail on it. It just stated "construct the four speed bumps, striping, stenciling, 2 October 9, 2000 16J1 , and install signs as required ". The Bonness proposal actually looks more favorable. It has a complete breakdown of what they will include. I recommend Bonness, Inc. I have worked with them before and they do good work and their proposal seems to be the most complete. Mr. Reinders stated I have done fairly extensive work with them as well and I have always found them to be perfectly reliable. Is there any further discussion? Ms. Snider stated I agree with the choice of Bonness, Inc. Mr. Ward asked- was Bonness the lowest responsive and responsible bidder? Mr. Carr stated that is correct. On MOTION by Mr. Reinders seconded by Ms. Snider with all in favor the contract to construct speed bumps was awarded to Bonness, Inc. in the amount of $8,035. Mr. Reinders stated if you will so advise them and schedule the work at their earliest convenience, I would appreciate it. C. Manager - Meeting Dates for Fiscal year 2001 Mr. Ward stated enclosed in the packet is the meeting dates for the next Fiscal Year. We have scheduled October, January, March, and May, June and July because of your budget hearings. Unless you have a question, there is nothing that the Board needs to approve. FWM ORDER OF BUSINESS Supervisor's Requests and Audience Comments There not being any, the next item followed. SIXTH ORDER OF BUSINESS There not being any, on MOTIUN by lvlr with all in favor the Z22z!�,d /�, 4L Ja es P. Ward Secretary Consideration of Financial Statements and Claims Reports ell seconctect by ivls. adiourned at 1:10 P.M. Ji einders airman 3 L 611 } AGENDA HERITAGE GREENS CON WNITY DEVELOPMENT DISTRICT Monday Heritage Greens Community Center October 9, 2000 2215 Heritage Greens Drive 1:00 P.M. Naples, Florida 1. Roll Call 2. Acceptance of Resignation Submitted by Peter Comeau and Consideration of Appointment of Supervisor to Fill Unexpired Term of Office 3. Approval of the Minutes of the July 10, 2000 Meeting 4. Staff Reports A. Attorney B. Engineer C. Manager - Meeting Dates for Fiscal Year 2001 5. Supervisor's Requests and Audience Comments 6. Consideration of Financial Statements and Claims Reports 7. Adjournment Naples Daily News Naples, FL 34102 Affidavit of Publication Naples Daily News HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT - J. WARD 10300 NW 11TH MANOR CORAL SPRINGS FL 33071 REFERENCE: 027769 58129995 NOTICE OF MEETING HE State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as the Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Nspleo, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publiction in the said newspaper. PUBLISHED ON: 1002 AD SPACE: 52.000 INCH FILED ON: 10/02/00 ------- - - - - -- Signature of Affiant Sworn to and Subscribed before me this z�r� day ofd_ .. Personally known by m Chanel A McDonald * MY COMMISSION # CC850752 EXPIRES Tun„ 29, 2003 BONDED THP.0 TROY WN INSURANCE INC 16J1 nuv 'iuVcuw iuc uG �J ri► uo rium Jvuin rL LKAL) U rKn NU. Mfie(bUddJ r. U1 16J1 -j SOUTH FLORIDA LAND DIVISION MEMORANDUM TO: JAMES WiiRD FROM: PKI'MI COMEAU SUBJECT: RESIGNATION DATE: 08/14/00 CC.: JAMES CURRY I SUBMIT MY I.E fl'!?IL OH iti :SIGNATION EPFL(.TIVE AUCTUS1' 25, 2000 FOR TlW. FOLLOWING COMMUNITY I)XVl ?I.OPML'.NTDISTRICTS. • NAPLES KERI'1'AGI; COMMUNITY DLVELOPMENI DISIRIC71' • HERITAGE PALMS COMMUNITY DEVELOPMENT DIS'1'RIC; ' • s1t7NF.YHROOK COMMUNrl�YDEVELOPMJ?NT DISTRIL • CEDAR I JAMMOCK COMMUN11 Y 1)SVELOPWINT DISTRICT • HERI'TAGIr Gltl' -ZJS COMMUNITY DEVl:T.OPMI-.N'I' DISTRICT AUG 15 '00 14:S3 �p1-, nu. �/a 1, a�a-� d 79, —vim 7-3 9412780883 PAGE-01 ** TCTAL PACE-01 ** AGNOLI BARBER & Professional En Planners & Land Surve, 'SJ1'i 7400 Tamiarni Trail North, Suite 200, Naples, Florida 34108 Phone: (941)597 -3111 Fax: (941)566 -2203 1625 Hendry Street, Suite 101, Fort Myers, Florida 33901 Phone: (941)337 -3111 Fax: (941)334 -1175 MEMORANDUM Date: October 9, 2000 To: Mr. Jim Reinders From: Jim Carr Subject: Heritage Greens Speed Humps Bid, PN 7206 -CDD At the end of August we sent out proposal requests to seventeen contractors. (List attached.) We received three bids. Of the contractors responding, Cougar Contracting Specialties, Inc., had the lowest bid of $7,200.00. Bonness, Inc. had the next lowest bid at $8,035.00 and Griffith Paving, Inc. came in at $18,000.00. Attached are copies of all the bids. 1. American Stripe Seal 2331 Bruner Lane Fort Myers FL 489 -4999 2. Rick Bell Paving 2662 Riverview Drive. Naples FL 34112 775 -4772 3. J &M Asphalt Maintenance, Inc. 415 -0098 4. Southwest Florida Sealcoating & Striping 261 -4466 5. Able Asphalt & Paving Co., Inc. 139 Enchanting Blvd. Naples FL 417 -8796 6. Allstate Paving Naples 352 -1382 7. B &W Asphalt Paving & Sealcoat 649 -2807 8. South Florida Paving, Inc. 591 -1161 9. Stripe -Rite Asphalt Sealcoating 597 -7297 16J1 10. Gulfsands Contracting, Inc. 455 -6270 11. Perfection Paving of America, Inc. 42425 th St NW Naples FL 34120 348 -1425 12. Cougar Contracting Specialties, Inc. 6391 Arc Way, FL 591 -2717 13. South Florida Paving 10201 Tamiami Trail N Naples FL 591 -1161 14. Bonness Inc. 1990 Seward Avenue Naples FL 34109 597 -6221 15. Peninsula Paving & Contracting Naples 353 -4486 16. Davis Brothers Asphalt Sealcoating 324066 1h St SW 434 -6064 17. Griffith Paving Fort Myers 939 -7077 I.UubW 1-UN I KHCT iN6 d CONTRACTING 13350 RICKENBACKE Fax:941- 225 -0564 Rug 24 '00 1041 • site Pt�rA:� • Excavating • Seal Coating • Demolition SPECIALTIES. INC. R RARKWAY., FORT MYERS, FLORIDA 33913 941-225 -0565 PHONE DATE P. 01 • Coming • Asphalt Paving . Striping • Hauling FAX g41- 225-0564 PROPOSAL SUBMITTED TO 597 -3111 8 /Z4 /00 ,Qgnolli, Barber, &Brundage, Inc. -Attn: Jim Carr FAX NO Joe "%eritage Greens STREET 566 -2203 7400 Tamiami Tr. N. JOB LOCATION CITY. STATE AND ZIP COOS Immokalee Rd. / Naples Na les, Fl. 34.108 Cougar Contracting Specialties, Inc., proposes to provide labor and materials to perform the following: (Nil 1) Construct (4) speed bumps according to the print with S-3 asphalt. 2) ,Stripe & stencile each to print. 3) Install sign as required for each speed bump * *seven Thousand, Two Hundred Dollars & 00/100 ** 7,200.00 Tote) Price: dollars ($ ? Due Upon Completion Terms: Note. This proposal may b6 90 withdrawn by us if not accepted within days. 4lrrepfttnre of FrupnsAl — The above prices. specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified Payment will be made as outlined above. COUGA CONTRACTING /SPECIALTIES. INC. Authorized Signature �l Acceptance Signature — PROPOSAL August 25, 2000 SUBMITTED TO: Heritage Greens Community Development District c/o Agnoli, Barber & Brundage 7400 Tamiami Trail North, #200 Naples, FL 34108 PHONE: (941) 597 -3111 Fax: 566 -2203 PROPOSED WORK: NO. DESCRIPTION 1. Speed humps 2. Equipment mobilization 3. Remove existing "Stop" sign 4. Remove existing markings 5. Sign "B" w/2 3/8" bollard & 6 11x12" Type 3 object marker back to back 6. Sign "A" 30" yellow /black "Speed hump" 7. Amber /amber R.P.M. 8. White /amber R.P.M. 9. 12" White painted edge line (temporary) 10. 6" White painted crosswalk 11. 8' "Hump Stencil" painted 12. 12" White thermoplastic edge line BoNNEss iNc. Paving and Siwworit Contractor 1990 Seward Ave. Naples, Florida 34109 (941) 597 -6221 Fax 597 -7416 bonnessinc @aol.com PROJECT LOCATION: Heritage Greens CDD Speed Humps Immokalee Road 16J1 PLANS AND SPECIFICATIONS: Agnoli, Barber & Brundage, Inc.; Drawings 1 of 1; Dated March 16, 2000 Last revision 4/28/00 QTY UNIT PRICE EXTENDED 4 EA 880.00 3,520.00 1 EA 420.00 420.00 6 EA 5.50 33.00 4 EA 55.00 220.00 8 EA 193.00 1,544.00 8 EA 137.50 1,100.00 4 EA 4.50 18.00 8 EA 4.50 36.00 8 EA 16.50 132.00 4 EA 22.00 88.00 8 EA 66.00 528.00 8 EA 49.50 396.E TOTAL $8,035.00 Notes: A) Speed humps include milling a 12" wide +/- strip at opposite ends of the hump to create proper tie ins. B) New asphalt should cure for approximately 30 days before applying thermoplastic. 12" Wide painted (temporary) striping has been included over the speed humps. The thermoplastic edgeline to be applied after the curing process is completed. Page 1 of 2 BoNNEss INC. Pwing and Sltem& Contractors 1990 Seward Ave. Naples. Florida 34109 (941) 597 -6221 Fax 597 -7416 bonnessinc @aol.com Heritage Greens Community Development Heritage Greens CDD Speed Humps Page 2 of 2 16J1 Subject to prompt acceptance within 30 days and to all conditions stipulated on the reverse side, we agree to furnish materials and labor at the price(s) set forth above. DH /jg BONNESS INC. The undersigned has read and cepts this prosal and all its ter and conditions listed on the verse as a bind' g contract. By. Title: Date Aug -30 -00 02:13P Griffith Paving Inc. 10461 Southland Drive Bonita Springs, FL 34138 9419490403 I 6J 1 Since 1981 In SW Florida Naples (941) 949 -0400 Ft. Myers (941) 939 -7077 P.01 j Phone: (941)949 -0400 Fax: (941)949 -0403 Estimate #: 4635 Submitted To: AGNOLI BARBER BRUNDAGE INC Date: — 8/30100 Address: 7400 TAMAIMA TRAIL Phone: (941)597 -3111 Fax: (941)566 -2203 NAPLES, FL 33963 Job Name: HERITAGE GREENS i Job Location: NAPLES, FL Contact: JAMES A CARR Prop. Owned By: HG _ — — _. . - - - -.. _ - - -- . HERITAGE GREENS COMMUNNITY DEVELOPMENT DISTRICT 1. SPEED HUMPS - ROADWAY area (approx. 4 Each), work to include: ASPHALT SIGNS TRAFFIC S4,500.00/EA MARKING AS PER -PLAN 3 -I6 -2000 IS18,000.001 The total price for the HERITAGE GREENS COMMUNNITY DEVELOPMENT DISTRICT items is: 518,000.00 Special Notes: • New Pavement will tend to scuff or mark within the first twelve (12) months after placement due to the curing process of asphalt. • Any increase in the scope of work performed will result in a proportional increase in the price for this contract. ACCEPTANCE OF PROPOSAL: Payment will be made as outlined above. If it becomes necessary to enforce or interpret the provisions of this agreement, or to effect collection, the purchaser hereby agrees to pay any and all reasonable court costs and attorney's fees which are incurred by the Seller in such action, including all necessary costs of collection. In consideration of the Seller extending credit to the Purchaser, the undersigned jointly, severally and unconditionally personally guarantees payment when due of any and all indebtedness by the above named firm or individual and owed to Griffith Paving, if default in the payment hereto occurs. TERMS: Net cash upon completion and receipt of final invoice, no retainage to be held. A 25% deposit is required prior to commencement of work. ESTIMATE EXPIRATION: This estimate is valid for 31 days. MOBILIZATIONS: Price based on a 1 mobilization(s). ACCEPTED: CONFIRMED: riw above prices, spe ficaiions am mndt ions we sabs4tfory are are rweoy accepted Griffith Paving Inc. 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W4ll oc U) zmwwo U °' 0°`n`zzr��za w 0 ZD En 1-1 p, >OE- EW V) w x W H C++ H W w gUzzOE., W [ a H H E 0 OErpE�GrEW�' Hen a UEl z W Ucn H Oowa,wo O UUOOfxU E rA Ii N N N N O O .--1 N Ol Q1 00rnrnrnrn tn�o00o0 110w Cl) rnrnrn CID m m m m m M M M M M M Lo N Ln Ln Ln Ln 000000 0 00000 UCl) w w a w a a 0 0 E E Q ❑ W W 16J1 Ln V Ola fu nL, TW i r C o E F- 4W z W O C W C O H C O O v U 0 � N � M O � y C 3 C1 a 16J1 Heritage Greens Community Development District 16J 1 Series 1997 Special Assessment Bonds For the Month Ended August 31, 2000 Construction Year to Projects Date Amounts Overall Paid /Rec'd by Variance Source of Funds Budget Bond Funds (Fay.) - Unfay. Deposit to Construction Account Deposit to Construction Reserve Account Deposit to Capitalized Interest Account Deposit to Debt Service Reserve Account Costs of Issuance & Underwriters' Discount Interest from Debt Service Accounts Interest from Construction Accounts Total Sources $4,371,310.00 $4,371,310.00 $0.00 $231,065.00 $231,065.00 $0.00 $647,625.00 $647,625.00 $0.00 $600,000.00 $600,000.00 $0.00 $150,000.00 $150,000.00 $0.00 $75,813.11 $76,298.39 ($485.28) $127,759.24 $136,129.13 ($8,369.89) $6,203,572.35 $6,212,427.52 ($8,855.17) Construction Year to Uses of Funds Projects Date Amounts Overall Paid /Rec'd by Variance Casts Of Budget Bond Funds Fay. - ( Unfay.) Bond Counsel- Greenberg, Traurig et al $57,700.00 $57,700.00 $0.00 Trustee Fees- First Union National Bank $4,625.00 $4,625.00 $0.00 Trustee Counsel- Holland & Knight $5,150.00 $5,150.00 $0.00 District Counsel- Young, van Assenderp et al $54,400.00 $54,400.00 $0.00 Financial Consultant- Fishkind & Associates $12,000.00 $12,000.00 $0.00 District Manager- Gary L. Moyer, P.A. $43,000.00 $43,000.00 $0.00 Underwriter's Counsel- Nabors, Giblin,& Nickerson $15,000.00 $15,000.00 $0.00 Costs of Issuance & Underwriters' Discount $150,000.00 $150,000.00 $0.00 Deposit to Capitalized Interest Account $647,625.00 $647,625.00 $0.00 Deposit to Reserve Account $600,000.00 $600,000.00 $0.00 Contingencies $40,057.70 $40,057.70 $0.00 Total Costs of Issuance $1,629,557.70 $1,629,557.70 $0.00 Construction Costs Construction Year to Projects Date Amounts UnderoroundE /ectricity Overall Paid /Rec'd by Variance Budget Bond Funds Fay. - ( Unfay.) Utility Connections $35,661.00 $35,661.00 $0.00 Commercial Tariff 118 Lots $23,152.00 $23,152.00 $0.00 Morning Sun cul -de -sac $15,988.00 $15,988.00 $0.00 Underground Electricity Location $135,158.00 $135,158.00 $0.00 Total Underground Electricity $209,959.00 $209,959.00 $0.00 Acquisition of the Proiect- Phase I Ronto Development Corporation Part A $850,000.00 $850,000.00 $0.00 Part B $100,306.84 $100,306.84 $0.00 Part C $477,744.18 $477,744.18 $0.00 Total Phase 1 $1,428,051.02 $1,428,051.02 $0.00 Heritage Greens $53,040.51 16J1 Community Development District Sewer Lateral Modifications $4,161.60 Series 1997 Special Assessment Bonds $0.00 Force Main Locate & Test $1,632.00 Construction Year to Pump Down Sewer System Projects Date Amounts $0.00 Overall Paid /Rec'd by Variance Acauis- on of the Proied!! Phase II Budget Bond Funds Fay. - (Unfay.) $0.00 Replace Inlet Top Wall System- Vestem, Inc. $89,126.00 $89,126.00 $0.00 Additional Wall- Vestem, Inc. $8,148.00 $8,148.00 $0.00 Equipment Rental- Naples Rent -All, Fla. Contractor's, Hertz $8,610.95 $8,610.95 $0.00 Aluminum Fence- OK Welding $10,618.00 $10,618.00 $0.00 Bomanite Entrance Way - T& S Concrete & Bomanite $9,950.00 $9,950.00 $0.00 Landscape Mulch- Forestry Resources $3,888.71 $3,888.71 $0.00 Tree Transplanting & Landscape Installation- Turfmaster $55,551.37 $55,551.37 $0.00 Sod- Golden Gate Nursery, S. Florida Sod $14,052.00 $14,052.00 $0.00 Removal- Waste Management $3,130.63 $3,130.63 $0.00 Fountain- Golf Ventures $5,419.78 $5,419.78 $0.00 Electrical- Roberts Electrical $9,550.00 $9,550.00 $0.00 Entry Gate System- Action Automatic Door $16,419.40 $16,419.40 $0.00 Trees- Pro Tree Farms, Ray's Tree Farm, Green Cay Nursery $34,384.32 $34,384.32 $0.00 Irrigation System- Annco Services $32,617.00 $32,617.00 $0.00 Collier County Development- Guardhouse Construction $5,030.07 $5,030.07 $0.00 Painting of Guardhouse- B. McMahon $623.00 $623.00 $0.00 Plants- Statewide Palms, Clark's Nursery $13,357.61 $13,357.61 $0.00 Engineering Costs- Agnoli, Barber & Brundage $79,523.16 $79,523.16 $0.00 total Phase II $400,000.00 $400,000.00 $0.00 Engineering Agnoli, Barber & Brundage $35,954.25 $35,954.25 $0.00 Construction Related Legal and Other Fees Young, vanAssenderp & Varnadoe $33,275.24 $33,275.24 $0.00 Bondata- Surety Bond $4,925.00 $4,925.00 $0.00 Fishkind & Associates- Re Calculate Assessment Roll $5,000.00 $5,000.00 $0.00 water Distribution, Sewer Collection Roadway and Drainage Sanitary Sewer Phase 1A Lift Stations $53,040.51 $53,040.51 $0.00 Sewer Lateral Modifications $4,161.60 $4,161.60 $0.00 Force Main Locate & Test $1,632.00 $1,632.00 $0.00 Pump Down Sewer System $8,853.60 $8,853.60 $0.00 Waterline & Conduits Phase 1A Install Conduits $12,316.50 $12,316.50 $0.00 Install Addtl FP &L Conduits $8,835.75 $8,835.75 $0.00 2" Jumper Meter Assembly $3,060.00 $3,060.00 $0.00 Asbuilt Waterline Appurtenances $1,632.00 $1,632.00 $0.00 Chlorinate & Perform Tie -In $2,346.00 $2,346.00 $0.00 Pour Valve Pads & Hydrant Breakaways $1,530.00 $1,530.00 $0.00 Replace Inlet Top $550.00 $550.00 $0.00 Rework Base & Prime $18,060.00 $18,060.00 $0.00 3/4 Asphalt (1st lift) $18,782.40 $18,782.40 $0.00 3/4 Asphalt (2nd lift) $22,394.40 $0.00 $22,394.40 Density Tests $261.00 $261.00 $0.00 Final Grade R.O.W. $3,000.00 $3,000.00 $0.00 Bahia Sod $5,720.00 $5,720.00 $0.00 Hydroseed $2,816.10 $2,816.10 $0.00 Sanitary Phases 16 & 2 Lift Station Complete $148,410.00 $148,410.00 $0.00 PVC Sewer Line- Surface $61,003.14 $61,003.14 $0.00 PVC Sewer Line- 0' - 6' $27,978.60 $27,978.60 $0.00 PVC Sewer Line- 6' - 8' $17,136.00 $17,136.00 $0.00 Sanitary Manhole- 0' - 6' $12,852.00 $12,852.00 $0.00 Sanitary Manhole- 6' - 8' $7,344.00 $7,344.00 $0.00 Heritage Greens 1 j Community Development District JJ 1 Series 1997 Special Assessment Bonds Water Distribution, Sewer Collection Roadway and Drainage- continued Drainage Phases 1B & 2 15" RCP Construction Year to $0.00 Projects Date Amounts $6,705.48 Overall Paid /Rec'd by Variance $57,405.60 Budget Bond Funds Fay. - (Unfay.) Sanitary Phases 1B & 2 (continued) $0.00 36" RCP $12,053.34 Sanitary Manhole- 8' - 10' $9,792.00 $9,792.00 $0.00 Sanitary Manhole- 10' - 12' $5,508.00 $5,508.00 $0.00 6" PVC Sewer Service $83,387.04 $83,387.04 $0.00 4" PVC Force Main $22,001.40 $22,001.40 $0.00 6" PVC Force Main $642.60 $642.60 $0.00 8" PVC Force Main $4,207.50 $4,207.50 $0.00 6" Plug Valve $714.00 $714.00 $0.00 Blasting & Rock"Excavation $12,737.76 $12,737.76 $0.00 8" PVC Sewer $5,304.00 $5,304.00 $0.00 Water Phases 1B & 2 $0.00 Throat Inlet Top $10,704.00 10" Waterline $9,628.80 $9,628.80 $0.00 8" Waterline $46,308.00 $46,308.00 $0.00 6" Waterline $35,955.00 $35,955.00 $0.00 6" Waterline $2,662.20 $2,662.20 $0.00 10" Gate Valve Box $816.00 $816.00 $0.00 8" Gate Valve Box $4,692.00 $4,692.00 $0.00 6" Gate Valve Box $5,967.00 $5,967.00 $0.00 Fire Hydrant Assembly $47,736.00 $47,736.00 $0.00 Temp Bacti Sample $2,499.00 $2,499.00 $0.00 Perm Bacti Sample $1,989.00 $1,989.00 $0.00 3' PVC Water Conduits $15,279.60 $15,279.60 $0.00 Clubhouse Service Stub $463.00 $463.00 $0.00 Water Distribution, Sewer Collection Roadway and Drainage- continued Drainage Phases 1B & 2 15" RCP $4,781.76 $4,781.76 $0.00 18" RCP $6,705.48 $6,705.48 $0.00 24" RCP $57,405.60 $57,405.60 $0.00 30" RCP $51,408.00 $51,408.00 $0.00 36" RCP $12,053.34 $12,053.34 $0.00 14 x 23 ERCP $695.64 $695.64 $0.00 24 x 38 ERCP $2,423.52 $2,423.52 $0.00 Storm Manholes $14,535.00 $14,535.00 $0.00 Type A Inlet $17,952.00 $17,952.00 $0.00 Gutter Inlets $5,202.00 $5,202.00 $0.00 Type C Inlets $714.00 $714.00 $0.00 Blasting/ Rock Excavation $11,277.12 $11,277.12 $0.00 12" Stabilized Subgrade $23,973.75 $23,973.75 $0.00 2" Valley Gutter $64,856.00 $64,856.00 $0.00 Throat Inlet Top $10,704.00 $10,704.00 $0.00 4' Wide Sidewalk $42,383.25 $42,383.25 $0.00 Type A Curb $3,150.10 $3,150.10 $0.00 6" Limerock Base $89,747.00 $89,747.00 $0.00 3/4" Asphalt (1st lift) $40,001.52 $40,001.52 $0.00 3/4" Asphalt (2nd lift) $47,694.12 $8,787.74 $38,906.38 Density Tests $1,800.00 $1,800.00 $0.00 Final Grade R.O.W. $5,800.00 $5,800.00 $0.00 Signage & Striping $5,828.00 $5,828.00 $0.00 Bahia Sod $12,330.50 $12,330.50 $0.00 Hydroseed $6,070.50 $6,070.50 $0.00 Performance Bond $13,016.30 $13,016.30 $0.00 Change Order #1 Fill to Residential Areas Change Order #2 Modifications to Sanitary Collection Change Order #3 Residential Portion of Shared Drainage $825,000.00 $825,000.00 $0.00 ($7,857.12) ($7,857.12) $0.00 $43,043.70 $43,043.70 $0.00 Heritage Greens Community Development District 16JI Series 1997 Special Assessment Bonds Construction Year to Projects Date Amounts Overall Paid /Rec'd by Variance Budget Bond Funds Fay. - (Unfay.) Change Order #4 $4,487,035.79 $86,978.86 $6,203,572.35 Surveys $39,249.00 $39,249.00 $0.00 Change Order #5 Drainage Canal on East Property Line $39,945.00 $39,945.00 $0.00 Change Order #6 Omit 4' Wide Sidewalk ($42,383.25) ($42,383.25) $0.00 Change Order #7 Adjust Bond Costs $8,970.00 $8,970.00 $0.00 Change Order #8 Drainage Modifications at Lake # 11 $14,928.14 $14,928.14 $0.00 Change Order #9 Crestview Way Waterline $4,408.70 $4,408.70 $0.00 Change Order #10 Street & Canal Crossings- Conduits $39,999.01 $39,999.01 $0.00 Change Order #11 Gatehouse Parking $1,120.00 $1,120.00 $0.00 Change Order #12 Exotic Removal in So. & We.Pres. $47,732.00 $47,732.00 $0.00 Change Order #13 2nd Asphalt Lift 500' Entrance Road $4,757.88 $4,757.88 $0.00 Change Order #14 Littoral Shelf Plantings $11,006.00 $11,006.00 $0.00 Change Order #15 Additional Clearing at South Preserve $5,111.00 $5,111.00 $0.00 Change Order #16 Sod Lake Banks $25,870.00 $25,870.00 $0.00 Change Order #17 Various Items $55,758.00 $55,758.00 $0.00 Stored Materials $0.00 $0.00 $0.00 Total water Dist /Sewer Coli. $2,431,172.06 $2,369,871.28 $61,300.78 Future Proiects $25,678.08 $0.00 $25,678.08 Total Construction Costs rota/ Costs Overall Available Funds Remaining Construction Account $95,834.03 Construction Reserve Account $0.00 Total , $4,574,014.65 $4,487,035.79 $86,978.86 $6,203,572.35 $6,116,593.49 $86,978.86 $0.00 $95,834.03 ($95,834.03) N O 0 ro 0 E v G m u C7 I I I I I I I I I I I I I I I I I I I I I I I I I 1 I I I I I I I I I I I I I I I I O 1 I I N I I I S4 I I I N I 1 I -rl I 1 I u) I I I I N I I I N I I I 14 I O I I I � I 11 I I I 16J1 I I 1 1 1 1 1 1 1 1 I I I I I I I I I I I I I I I I I I I I 0 v l l l l l l l l l l I I I I I I I I I I O M 0 1 1 1 1 1 1 1 1 1 1 \ .• U I I 1 1 1 1 1 1 1 1 O (n I I 1 I 1 I I 1 I I N r-1 I I I I I I 1 I I I !� CL \ x H p H I I I I I I I I I I .. .. .. 1.) 0 0 0 0 0 0 0 0 0 0 0 HOOOOOOO N N N ' OyJ H 0 0 0 O MME 0 X0000 f0 RS -ri N r �D O O N (o 0 0 O , �D N N N V Q1 z N O 0 ro 0 E v G m u C7 I I I I I I I I I I I I I I I I I I I I I I I I I 1 I I I I I I I I I I I I I I I I O 1 I I N I I I S4 I I I N I 1 I -rl I 1 I u) I I I I N I I I N I I I 14 I O I I I � I 11 I I I 16J1 0 0 \ 2 z z> o�LQ Ln D !� CL \ x W H a W C7 E z \ H u, a co H C7 R: H a4 El H C H z W 0 U g 0 0 0 0 0 0 E+ \z000�C7000 W W W o\\ O\\\ x 0 g\000 W' OOo O U -W FC FC N H- O a H H .--1 g a a a z a x z qf1. v) G,\rr Eoorrr W 0 0 " a C7 N a C7 L7 114 C) E Q H >EQq FC u]QQq U H ,2, Q' z m CQ m m m m N O 0 ro 0 E v G m u C7 I I I I I I I I I I I I I I I I I I I I I I I I I 1 I I I I I I I I I I I I I I I I O 1 I I N I I I S4 I I I N I 1 I -rl I 1 I u) I I I I N I I I N I I I 14 I O I I I � I 11 I I I 16J1 W Cf) Q U o H 2 z z> o�LQ w� >Q aw wa DI Q Un D m H a Lo z U] a 0gy+wozwow z aCZ) 4❑m>�a H C H z W 0 roFCH£FCu] W U u, a o m U❑ a4 azawwaoaz�' a a a z a x z U p H 009 W OC7HOFC W aUFC3hh C7 E x� m U .- 1�mlDrao YI O y.i O ro z v r- 04 -'iO ODIC M r r-1 In 1DN H N M N N N N N N N N U N O 0 ro 0 E v G m u C7 I I I I I I I I I I I I I I I I I I I I I I I I I 1 I I I I I I I I I I I I I I I I O 1 I I N I I I S4 I I I N I 1 I -rl I 1 I u) I I I I N I I I N I I I 14 I O I I I � I 11 I I I 16J1 O LO C• .-1 ro O E ro u C7 I I I I 1 I I I I I I I I I I I I I � 1 I I I 1 I I rn I I N I I Ll I I � I I 11 I I ro I I f~ I I tT I I -rl I i � 1 I I I b I I N I I N I I >4 I O I I � I I J-1 I i � I I I I 16J1 1 1 1 1 1 1 1 1 1 1 1 1 I I I I I I I I I I I I 1~ I 1 1 1 1 1 N I I 1 1 1 1 I I I I I I 1 1 1 1 1 1 p pp O M 0 1 1 1 1 1 1 \ •• U I I I I I I C7 H O H I I I I I I .. .. .. 4J0 C'01 O r- CD C H mOw to z Ul J--) O 01 d• d• U-7 Q1 N ro /0 -r NHH10 O!` p, C]H HmN I J-1 N z w U Q E z H W Q H a U C7 u] H W x U \ cn H W o > z z CD O a o\ W h \ M !n C7 � N W E W \\zQ XX to �o W H W. 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U I I I I M r 1 1 1 1 z a I a O M I I I I H H H I I I I .. .. .. 4J C) m O 0 M O O O H a H 41 O Ea � 1-I r OD U') aq F r x 1) N U N z 0 0 O ao H 61 m O I El I I I 1 I I C I I I N I I I 14 I I I I I I I I I I I I I I v >a a 4J R5 v N N N O 16J1 0 0 O H H W z a I a rn a, w H W U] 0.i U W z O H a H acnu�U Ea O Q C7 w 0 Pe x 0 = U -, < (D U 4-) El a Ca ¢ U (D Mme"' Pa U] U O z W v c3) H ,a QH\o U W 0 0 0 a H N U O ao H 61 m O I El I I I 1 I I C I I I N I I I 14 I I I I I I I I I I I I I I v >a a 4J R5 v N N N O 16J1 N U] H U C) z H H z a w a a w 0 a w acnu�U +wwz zz�a cf) z 0 >+ } c) z H H H H U] VL4 Q C] z W Cn [n H w awwrz x o�ax Ul (JZZH I~ a ro wr ra xx ra 4 U � rirrc >•1 O 41 O m z v O N M H 0 fMMM 7 �. r- 4MM(''1M U O ao H 61 m O I El I I I 1 I I C I I I N I I I 14 I I I I I I I I I I I I I I v >a a 4J R5 v N N N O 16J1 H W x U O 0 H a U z W W Z 0 W CD H H W �+ xa u O V ro �4 /v a O W W W H U H (1i H O U] O H \ Q N O U \ W CD w H m Qc a W9 C � � o z �O P r H u000 U m N t� I \ Na0O 0 m O O O N " H W W El H H z 0 O U W O E z w H W FC a a ww 114 C) u C ro ro U co O z r- rLn ro M M H M M U ro O E v C N LI 0 U) v u a ro C >T U .b N N O +1 16J1 I I I 1 I I � I I C I I N I I O to I I I I O M O I I \ .. U I I c r I I N u I I \ I 1 N 0 0 N H H H I I W .. .. .. 11 N O Ol C "n o H N N N C O M ifl ro ro W 0 El r-I 11 N z H W x U O 0 H a U z W W Z 0 W CD H H W �+ xa u O V ro �4 /v a O W W W H U H (1i H O U] O H \ Q N O U \ W CD w H m Qc a W9 C � � o z �O P r H u000 U m N t� I \ Na0O 0 m O O O N " H W W El H H z 0 O U W O E z w H W FC a a ww 114 C) u C ro ro U co O z r- rLn ro M M H M M U ro O E v C N LI 0 U) v u a ro C >T U .b N N O +1 16J1 I 1 � I Go M O rl ro 0 E C ro fa 0 I I I I I I I I I 1 I I I I I 1 I I I I I I I I I I I I I I I I I I I I I I I 1 I I U) I O � I N I I I ro I 1 1 C I I I U1 I I I I I O I I I N I I I l4 I I 0 I 1 � I 1J I I I I I I 16,11. C I I I I I I I I El El H 0 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I I I I I I I I O.' O 1-1 0 1 I I I I I I I � U I I I I I 1 1 1 tin -4 I I I I I I 1 1 •-i N I I 1 I I I I I a E E FC r1 H O I 1 I I I I I I .. .. .. 41 w m -iO vOO kD C 1- N H 0 0 0 O D Ln O N O • � JJ E OC [� m O� lD O C O ro ro -1 H � -V CD 1 a QEE W M LnN W aw N i O z P;0: x0 O a X x a H H Q Q 7+ 7+ Enu)zW E Q z E, (D u W z QQo z U z w11 u) 3 0 w D+ o U) W u)7+E- E a4 L) CQ r� W W I O E W c) Ol awe - Pi f4 wwwaao0 w uwiuulwz W c4 u) 0 CuwHOQ 0 o W G+ H ul W 0 o E U) 0 co co F-4 w w, N U OU(D FCU ,-- zx4u w 0 o w m a a m El O W<C'J 07a FC U C PG � zwcn0Tu) >+ 0oac)o D,oU u) Nmoo to c D ro FCC O 07 W O ,� .--I .`i. H a Q M dl \ H H r1 U) U O O O W W N u N N rl a of =w E < Go M O rl ro 0 E C ro fa 0 I I I I I I I I I 1 I I I I I 1 I I I I I I I I I I I I I I I I I I I I I I I 1 I I U) I O � I N I I I ro I 1 1 C I I I U1 I I I I I O I I I N I I I l4 I I 0 I 1 � I 1J I I I I I I 16,11. El El H H H z q Q H C4 a E E FC O a aw 00 P;0: x0 ww cox X x a H H �tl 7+ 7+ Enu)zW E E, (D u W z zzzwmz aaao�° U) E a4 L) CQ u) ~ wwwaao0 w 0 za W F-4 w w, N U OU(D FCU El E C PG � W >+ r1 xx ro H U H ri N M M N N -V u 0 ,j o ro z On. co O m ra N M lD m m M M M M , M M M M M M M M M I M M M I I U Go M O rl ro 0 E C ro fa 0 I I I I I I I I I 1 I I I I I 1 I I I I I I I I I I I I I I I I I I I I I I I 1 I I U) I O � I N I I I ro I 1 1 C I I I U1 I I I I I O I I I N I I I l4 I I 0 I 1 � I 1J I I I I I I 16,11. MEMORANDUM TO: Sue Filson, Administrative Assistant Board of County Commissioners FROM: Derek Johnssen, General Accounting Manager I Clerk of the Circuit Court/Finance Department DATE: February 15, 2001 RE: Miscellaneous Correspondence - BCC Agenda 16J1 ' Misc. Correspondence Agenda Date Agenda Item # RECEIVED MAC fi ,r A D! soalr6 of county C"11"$sIoiler's Please place the following items on the next available BCC agenda and call me at extension 8350 with the date and Miscellaneous Correspondence agenda item number. Naples Heritage Community Development District 1. Pursuant to Florida Statutes Chapters 189 and 190, Naples Heritage Community Development District, has submitted the following: (a) Annual Financial Report for FYE 1999 -2000 (b) Audit & Management Letter FYE 9 /30/00 (c) Schedule of Regular Meetings FY 2000 -2001 (d) Minutes of October 9, 2000 Meeting Thank you lspeciallspecial 16J1'� obu" 10300 .N,.W.11th ✓ t=" • end Sp,&W, gimida 33071 • 9xep one: (954) 753 -0380 • 9ax: (954) 755 -6701 January 10, 2001 Clerk of the Circuit Court Finance Department c/o Derrick Johnssen 2671 Airport Road, Court Plaza III P.O. Box 413016 Naples, Florida 34112 -3016 Mr. Thomas W. 011iff Collier County Manager Governmental Center 3301 East Tamiami Trail Administrative Bldg, Second Floor Naples, Florida 34112 Bruce Anderson, Esq. Young, van Assenderp, 801 Laurel Oak Drive Suite 300 Naples, Florida 34108 Varnadoe & Anderson, P.A. Russ Baker CPA Schultz, Chaipel & Company 12660 World Plaza Lane Unit 73 Fort Myers, Florida 33907 Re: Naples Heritage Community Development District Minutes of October 9, 2000 meeting From: Gary L. Moyer, Manager Enclosed for your records is a copy of the minutes of the Naples Heritage C.D.D. meeting as referenced above. GLM /eh Enclosure AENUM OF 1 1 NAPLES EWAUTAGE C0AD4UNrrY DEVELOPKENT 1 The regular meeting of the Board of Supervisors of the Naples Heritage Community Development District was held Monday, October 09, 2000 at 9:00 a.m. at the Naples Heritage Golf and Country Club Clubhouse, 8150 Heritage Club Way, Naples, Florida. Present and constituting a quorum were: Alan Burns Peter J. Lombardi Peter V. Ramundo John Campbell Michael Hueniken Also present were: James P. Ward Jim Gillam Bruce Anderson Peter Wainright Dick Limbauch Glen Reisner Carl McLaughlin Jack Spitz Vice Chairman Assistant Secretary Assistant Secretary Assistant Secretary Assistant Secretary Manager Staff Attorney President, Arbor Lakes Association House Chairman, Board of Trustees, Naples Heritage Board of Trustees, Naples Heritage Resident Roll Call Mr. Ward called the meeting to order at 9:15 a.m. and stated all members of the Board are present at roll call. `1 DWI 1 1Z 11 Aooeptan�oe of Resrignation Submitted by Peter Comeau and Consideration of Appointment of Supervisor to Fill the Unexpired Term of Office Mr. Ward stated I have included in your agenda package a copy of a letter from Peter Comeau dated August 14, 2000 indicating that he is leaving the Board of Supervisors of this District. According to the statute, the balance of the Board can appoint someone to fill his unexpired term. His term is set to expire in November of 2001. You may discuss a simple motion, second, and a vote on that motion to fill Mr. Comeau's unexpired term. If you do choose to do that today, I 4 '— . October 09, 2000 16J1 Naples Heritage C.D.D. am prepared to swear in any individual who you choose as a new member of this Board. Mr. Lombardi asked should we first accept the resignation of Mr. Comeau? Mr. Ward responded that would be fine. On MOTION by Mr. Lombardi seconded by Mr. Burns with all in favor to accept Mr. Comeau's resignation was approved. Mr. Ramundo stated the appointment of an individual would be for the unexpired term which is in 2001, correct? Mr. Ward responded that is right. Mr. Ramundo stated and in 2001 there would still be appointments by the landowners. Is that also correct? Mr. Ward responded it would be a landowners election. Mr. Ramundo asked are there any recommendations coming from Mr. Burns and Mr. Campbell? Mr. Campbell stated yes. I would like to nominate Mr. Michael Hueniken to the Board. He is the Project Manager for U.S. Home in Collier County. Mr. Hueniken stated his name and spelled it for the record. Mr. Burns stated I second that motion. Mr. Lombardi stated if you remember from the minutes from the last meeting, we had a long discussion regarding new appointments and that sort of thing. One of the comments I made was whether it would be possible to have someone from the community on the Board. At that time Mr. Comeau said he would consider that because he was trying to eventually have all the Board of Supervisors be members or property owners of the community. I was wondering is that ever going to take place? Should it be delayed for any reason? Mr. Ward, I am looking to you for some advice as to how that should be handled. Mr. Ward stated this community has probably developed out a little quicker. The intent of the statute was to allow landowners to elect individual members of the Board at least through the sixth year from the date of establishment of the District itself which would be the 2003 election. There is nothing that would preclude you as a Board from electing a "resident ". It should be clear that the way in which the statute works, you are electing a landowner to serve on the Board and as long as U.S. Home is a landowner within the District, there is not Pq October 09, 2000 6 Naples Heritage C.D.D. much of a difference between a landowner and a resident. A landowner was intended to be on the Board for some period of time. You might want to consider U.S. Home's feelings and positions with respect to your appointment. Mr. Lombardi stated I would like to know their feeling on this before I vote. Mr. Campbell stated we still have a couple outstanding issues in this community. I think it would be advisable for U.S. Home to take care of these issues and also still have the majority of the members on the Board. Over a year ago I started the transfer process for all the permits on this property. Due to bureaucratic inertia, that process is still ongoing. This month I will have the Army Corps of Engineers in Naples Heritage to do their final inspection. I am working with the South Florida Water Management District to complete that and I am still working with the County on the final acceptance of all the facilities and the property. We are still working with the County on some other impact fee issues. Mr. Lombardi stated I thought that was resolved. Mr. Campbell stated we thought it was resolved also. Mr. Lombardi stated let's assume I vote for Mr. Hueniken, and eventually all the issues are resolved with the County and all the payments are made on bond requirements, etc. Would it then be possible at that time to have some more people from the community on this Board? Mr. Campbell responded yes. Mr. Ramundo stated I believe three of the Supervisors have terms expiring in 2001. Mr. Ward stated that is correct. Mr. Lombardi stated so we can expect when everything is cleared up we will then have more resignations coming and we can then reappoint some people who live and own in the community. Mr. Campbell responded that is correct. Mr. Lombardi stated I did not know we still had outstanding issues. I was under the assumption that everything had been cleared up when we resolved that impact fee problem. Apparently everything is not cleared up and I definitely would want U.S. Home personnel in control of the C.D.D. up until such time as all that is cleared up. Once it is cleared up, then I would like to see U.S. Home relinquish control of the C.D.D. Board. Have I explained myself properly? Mr. Campbell responded yes air. I agree with that. K? October 09, 2000 Naples Heritage C.D.D. Mr. Ward stated we have a motion and a second. Is there any further discussion? On MOTION by Mr. Camp ell seconded by Mr. Burns 16JI ' with all in favor to appoint Mr. Michael Hueniken to fill the unexpired term of Mr. Comeau was approved. Mr. Ward stated I am a Notary of the State of Florida and authorized to administer the Oath of Office. Mr. Ward administered the Oath of Office to Mr. Michael Hueniken. A copy of that Oath of Office is attached for the record. Mr. Ward stated I want to welcome you to the Board of Supervisors. I want to review the Sunshine Law with you. In Florida, government officials must do all of their business at open noticed public meetings. You may not communicate to another member of the Board about how you may vote on a matter which may come before the Board. You may not communicate to another member of the Board through your Staff or another member of the public about a matter which may foreseeably appear before the Board. Violations of the Sunshine Law are ethical violations of the statute and reflect on you as an individual and not on the Board. That means if you are ever charged with a violation of the law itself, in most instances, you will be required to defend yourself as an individual since you are presumed to have violated your office duties and responsibilities by violating the Sunshine Law to start with. At some point in the future, if you are ever found not guilty of those violations, then you can petition the Board to pay your legal expenses associated with that particular violation. I always tell Board members that the best way to insure that you are never charged with a violation of the Sunshine Law is just not to talk to other members of the Board. In all the years I have been in this business I have never had a member of the Board be charged with a violation and that is because they have conservatively followed that recommendation. Mr. Anderson and I are sitting here to help you. If you have questions you are free to call either one of us. We will be glad to advise you as to any of the requirements of your office or any of the constraints of the statutes which we operate under. The Statement of Financial Interest is required to be filled out and submitted to the Supervisor of Elections in the County in which you reside within thirty days of your being seated on this Board. Thirty days from today, if you live in Naples, you file it with the Supervisor of Elections here in 4 :i "m October 09, 2000 16J1 1 Naples Heritage C.D.D. Collier County. If you live in Ft. Myers or somewhere else, you would file it with the Supervisor of that County. If you have any questions, Mr. Anderson or myself can help you fill it out. We do not need a copy of it. You just need to file it. In June of each year, the Supervisor will send you a new form to fill out and return to that Supervisor's office. Tf = ORDER OF BUSINESS Approval of the Minutes of the July10, 2000 Meeting Mr. Ward stated each Board member has received a copy of the minutes of the July 10, 2000 meeting. Are there any additions, corrections and deletions? Mr. Ward stated I will change the signature page from your Chairman to your Vice Chairman, Mr. Burns. On MOTION by Mr. Ramun o seconded by Mr. Lombardi with all in favor the minutes of the July 10, 2000 meeting were approved. Mr. Ward stated we will have to do some rearranging of the Chairmanship, etc. We can do that when we get to my report. A. Attorney Mr. Anderson stated I have nothing to report. Mr. Campbell stated I would like for you to give a short report about the status of the impact fee issue. Mr. Anderson responded those of you who are in town may have noticed in the local section of the paper this morning. The headline stated the County's Community Development Administrator tendered his resignation on Friday. Also, it stated that the County Commissioners had added an item on Tuesday's agenda whereby they are going to reconsider the actions that they had taken at their September meetings relative to granting some of the Developers who own golf courses the right to have a hearing on an alternate impact fee submittal. What the article did not disclose but our sources have indicated to us, is that this is at the instigation of the Clerk of Courts who had refused to issue a check to the Developer of the Naples Grand County Club who had been granted approval of an alternative road impact fee that was lower than that Developer had originally paid. The County Attorney, in concert with the Clerk of Courts, is recommending October 09, 2000 V r 1 Naples Heritage C.D.D. , that the County Commission seek declaratory judgment. That is going to court and asking a court to tell the County whether they have to grant these hearings or whether they can go ahead and simply charge and collect the full impact fee and not need to give any of these golf course developers a hearing. The argument being that they waived it because the owners did not strictly comply with some of the requirements for a hearing that are contained within the road impact fee ordinance. Certainly some of the golf course operators may be challenging the County's actions in light of the fact that the County itself did not strictly comply with many of the requirements in the road impact fee ordinance as well. One of the primary avenues of attack against the County on this road impact fee issue may well be the fact that the ordinance required the County every three years to review the road impact fee ordinance and the study that formed the basis for all of the fees. This review is required by the ordinance itself to be conducted every three years. The ordinance in question was adopted in 1992. There was no review of the impact fee ordinance or the underlying study for a period of eight years. During that eight year period, the ordinance would have required there to be two such reviews. It is unknown of course what action the County Commission will wind up taking tomorrow but suffice it to say that the issue has been resurrected. We thought it had all been relatively put to bed but such is not the case. Mr. Campbell, is Naples Heritage the one that a check was tendered to the County Commission? Mr. Campbell responded yes. Mr. Anderson stated and that check was accepted on the record as I recall in full settlement of all the outstanding issues. We have subsequently determined that the County wasted no time in rushing to the bank to cash that check. Suffice it to say, the County Attorney will be reminded of that fact. Mr. Lombardi asked did we get a release at that time when that check was presented? Mr. Anderson stated this is not a C.D.D. issue. Mr. Ward stated paying the impact fees has nothing to do with the C.D.D. Mr. Anderson stated this is simply in response to one of the questions the Supervisors asked. B. Engineer There being none, the next item followed. October 09, 2000 Naples Heritage C.D.D. C. Manager - Meeting Dates for Fiscal Year 2001 16J1 Mr. Ward stated I have two items. First is your Notice of Meeting for Fiscal Year 2001 which is included in your agenda package. The statute requires the District to publish it pursuant to Chapter 189 each year. We have decided to do them quarterly and I have included the dates for your review. There is no action required of the Board. The next meeting is January 8, 2001. Mr. Ward stated with Mr. Comeau leaving and Mr. Campbell and now Mr. Hueniken coming on the Board, I would suggest that you reorganize the Board. Mr. Comeau was your Chairman. Mr. Burns is your Vice Chairman. Mr. Ramundo and Mr. Lombardi are Assistant Secretaries. At this point, you need to have someone as your Chairman and add Mr. Hueniken into whatever position you wish. It is up to the Board for these positions. We will do the Chairmanship first. Mr. Burns stated I make a motion that Mr. Campbell be nominated as Chairman of the Naples Heritage C.D.D. Mr. Hueniken stated I second that motion. Mr. Ward asked is there any further discussion by the Board? V11 111V 11V1\ Uj LVaL. "L&&Aa4 uvvvaaaavaa vJ +•+.. + +•+v��+w•+ with all in favor John Campbell was appointed Chairman. Mr. Ward stated I suggest you add Mr. Hueniken as an Assistant Secretary. On MOTION by Mr. Lombarai seconaea by inr. Ramundo with all in favor Michael Hueniken was ant)ointed Assistant Secretary. FIFTH ORDER OF BUSINESS Supervisors Requests and Audience Comments Mr. Dick Limbauch stated I am the Naples Heritage Board President of Terrace 2 at Arbor Lakes Association. I understand you cannot touch anything in the conservation preserve area or whatever you call it. I understand you can make a request through the Naples Board if there is a problem. Is that correct? For example, there are some dead trees that are eventually going to damage carports when they fall over. What is the way to rectify that? 7 October 09, 2000 Naples Heritage C.D.D. Mr. Campbell asked are those trees in Arbor Lakes? Mr. Limbauch stated yes. 16J1 Mr. Campbell stated those trees can be removed. Mr. Limbauch asked how do you go about doing that? Mr. Campbell stated for trees that pose a danger to property or people there is no problem with removing them. You cannot just go into a preserve area and pretty it up and start moving things around just for aesthetic reasons. Additionally, there can be no construction activity, no dredging, no filling, etc. in preserves. If we need to remove some dead trees that pose problems or dangers to property, we can have those removed. Mr. Limbauch asked what is the procedure? Mr. Campbell stated just have Jeff call me. Mr. Glen Reisner stated I am the House Chairman on the Board of Trustees, Naples Heritage. I am also on the Board at Southern Links. My question has to do with hole 13. To the north of that there is a lot of preserve cuttings that have been piled up and left there for a number of months. I am not sure if they belong to Naples Heritage or to Cedar Hammock. They constitute a fire hazard. Mr. Carl McLaughlin stated I also serve on the Board of Trustees for Naples Heritage. I think that was all mounted when Cedar Hammock began to clear out the exotics for hole 13. Mr. Campbell stated I think those are what are called log cabins and it is required per our permit. When we clear exotics, we stack them like that. Mr. Reisner asked and you leave them there? Mr. Campbell responded yes sir. It provides a habitat. S= ORDER OF BUSINESS Approval of Financial Statements and Claims Reports Mr. Ward stated no motion is required. Mr. Lombardi stated I have a question. The Fiscal Year ended September 30th. Mr. Ward responded yes. Mr. Lombardi stated I did not get the financial reports. They are probably still in the mail somewhere. What did we end up with for the Fund Balance at the end of the year? N October 09, 2000 16 , J 1 ' I Naples Heritage C.D.D. Mr. Ward responded I don't know. We have the August statements in the package. We have not closed yet for the month of September. Mr. Lombardi stated I was wondering how close you came to your projection. Mr. Burns stated I have a copy of that. Mr. Ward stated again, we are not closed. It is a little too early but it came in at $137,000 and we projected $141,000. We are pretty close to the projection. Mr. Lombardi stated that means as of year end we have approximately $137,000 in the Fund Balance. Mr. Ward stated I am sure that will change slightly after the auditors finish. Mr. Burns asked where it says the Arbitrage Rebate Calculations, I know it is required, but how many times a year is that required? Mr. Ward responded once. Mr. Burns stated so we have already spent $1450 of the $3200 budget. We will be under budget for that item. Mr. Lombardi stated there is to be made a payment made on our bonds on November 1st. Is that the last payment that we will be making? Mr. Ward stated no. There is about $1.1 Million in bond payments still due. I am sure we will be making more payments. We only have interest due on November 1st of roughly $20,000. There is about a million dollars remaining to be paid. Mr. Jack Spitz, a resident, asked does the C.D.D. have anything to do with the roads? The reason I ask is because we are looking to get golf carts here. Would we be precluded from getting golf carts on this road? Mr. Ward stated that is an interesting question. The question is can you ride golf carts up and down a public road? State law currently precludes golf carts from traversing public road rights -of -way. Mr. Ramundo asked are the roads within Naples Heritage defined as public roads? it? Mr. Ward responded yes. Mr. Lombardi asked will the public resurface those roads when they need Mr. Ward responded the roads are owned by the C.D.D. This particular District has an agreement with the Master Homeowners Association to maintain all of our infrastructure, which includes the roads. October 09, 2000 Naples Heritage C.D.D. I � -I 0 . Mr. Lombardi stated that means we still own them. Mr. Ward stated correct. We have always owned them and always will. Mr. Lombardi stated so we can do whatever we want on our roads. Mr. Ward stated but subject to what the law requires. Mr. Ramundo stated but compared to the public roads, such as 951 and Davis Boulevard, those roads everyone has access to. The only people who technically have access to our roads are the residents of Naples Heritage. Therefore, Naples Heritage should be able to determine its own ground rules. Mr. Lombardi stated I think this is something the Naples Heritage Board should determine. Mr. Ward stated let me clarify that for you. To the extent that this District is issued municipal bonds for the construction of its infrastructure, you have a requirement that your facilities remain open to all of the public. That includes anyone who wants to come into this community from outside Naples Heritage. That does not preclude you from establishing reasonable rules for the use of your facilities, including fee structures that individuals who are not within Naples Heritage pay their fair share of the cost of the operation and maintenance of that. Since you do not have any costs of operation because it is handled by the Master Homeowners Association, it would be somewhat difficult for you to establish that kind of a fee structure itself. Once those municipal bonds are fully paid off, the rules do change somewhat although there is not strong case law in Florida on the use of public facilities for a C.D.D. for a community such as this. You would have the ability to try to establish reasonable rules to allow Naples Heritage residents to utilize your road system. I would caution you to make sure that the Homeowners Association does not necessarily take on that responsibility. The agreement is for operations and maintenance and not for use of your facilities. If the question is can you limit the use of your system to just Naples Heritage, the answer is no. You can establish reasonable rules which must provide access. You cannot be arbitrary in rule adoption. It must be fair and consistent with what the residents of Naples Heritage pay, for example. Mr. Lombardi stated the question remains, can he run his golf cart on the roads in Naples Heritage? Mr. Ward responded State law currently precludes you from doing that. _U October 09, 2000 `I Dk*j DQJ 0 ' 91) q' Ij D1 . 1 ) J :161.1110 Naples Heritage C.D.D. Adjournment On MOTION by Mr. Ramundo seconded by Mr. Lombardi with all in favor the meeting was adjourned at 10:00 a.m. D J es P. Ward Secretary 11 16J1 AGENDA 16JI NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT Monday Naples Heritage Golf & Country Club Clubhouse October 9, 2000 8150 Heritage Club Way 9:00 A.M. Naples, Florida 1. Roll Call 2. Acceptance of Resignation Submitted by Peter Comeau and Consideration of Appointment of Supervisor to Fill Unexpired Term of Office 3. Approval of the Minutes of the July 10, 2000 Meeting 4. Staff Reports A. Attorney B. Engineer C. Manager - Meeting Dates for Fiscal Year 2001 5. Supervisors Requests and Audience Comments 6. Approval of Financial Statements and Claims Reports 7. Adjournment Naples Daily News Naples, FL 34102 Affidavit of Publication Naples Daily News NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT 210 N UNIVERSITY DR X1301 CORAL SPRINGS FL 33071 REFERENCE: 052512 58129997 NOTICE OF MEETING NA State of Florida County of Collier Before the undersigned authority, personally apped B. Lamb, who on oath says that she serves as the Assistant Corporate Secretary hof the aples, Daily News, a daily newspape. p P in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Deily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publiction in the said newspaper. PUBLISHED ON: 1002 AD SPACE: 61.000 INCH FILED ON: 10/02/00 Signature of Affiant s 2000 sworn to any subscr iUe; before rz :~i° l.�� day - Personally known by me C 16J1 Chanel A McDonald s ; #: r•. ±Y C0M11AISS;0N # CC850152 EXPIRES June 29, 2003 vF - ;ie�6p iHFU MOY OAIN INGURANCk INC, 16J1 nwkj , L C-6vv i uc - ve. - - ;j ri i ua nvitc avuin rL LMNIJ U rflA Nu. MlielbUddd P. ul 16J1 SOUTH FLORIDA LAND DIVISION MEMORANDUM TO: JAMES WARD FROM: 1161,K)l comil"'Au S U Hj UC T: RESIGNATION DATE: 08/14/00 CC.: JAMWS CURRY I SUBMIT MY LEITH)t OF RI'MONATION EFFECTIVE A000,51' 25, 2000 1--OR 17 lK FOLLOWING COMMUNITY I)W,"LOPMENT DISTRICTS. NAPIMS I-IMU'l"AGE COMMUNITY DEVELOPMWr INSIRIM' • 14ERXIAGE PALMS COMMUNITY DEVELOPMRNT DWIRICr • S'EONRYSTWOK COMMUNrl'Y DEVELOPMRNT DISTRICT • CEDAR I TAMMOCK COMMUNITY 1)1,-.VFl.0PM7NT DISTRICT HERITAG It G 11 LMNS COMM UNITY DEVJ-z.1.013 M I,',N'I* DISTRICT 0014A 1*10.1 RUG 15 '00 14:53 bo, .,, P,/, -d -2.9/. -04;2-3 9412780883 PAGE.01 ** TOTAL PAGE.01 Oath of Office Jt%�tri` a resident of the State of Florida and citizen of the United States of America, and being a Supervisor of the Naples Heritage Community Development District and a recipient of public funds on behalf of the District, do hereby solemnly swear or affirm that I will support the Constitution of the United States and of the State of Florida, and will faithfully, honestly and impartially discharge the duties devolving upon me in the office of Supervisor of the Naples Heritage Community Development District, Collier County, Florida. /o/ e bw Date NOTICE OF MEETINGS NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT 1611 The Board of Supervisors of the Naples Heritage Community Development District will hold their meetings for fiscal year 2001 at the Naples Heritage Golf and Country Club Clubhouse, 8150 Heritage Club Way, Naples, Florida at 9:00 a.m. on the second Monday of the month as follows: October 9, 2000 January 8, 2001 March 12, 2001 May 14, 2001 June 11, 2001 July 9, 2001 There may be occasions when one or more Supervisors will participate by telephone. At the meeting location there will be present a speaker telephone so that any interested person can attend the meeting at the meeting location and be fully informed of the discussions taking place either in person or by telephone communication. Any person requiring special accommodations at this meeting because of a disability or physical impairment should contact the District Office at (954) 753- 0380 at least five calendar days prior to the meeting. Each person who decides to appeal any action taken at these meetings is advised that person will need a record of the proceedings and that accordingly, the person may need to ensure that a verbatim record of the proceedings is made, including the testimony and evidence upon which such appeal is to be based. Gary L. Moyer Manager V a� �o •- w 0. 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I I I 16J1' O M O v N M N M 0 .. r O N N N r ro ro -,A a C1 E E w x U O Q ul a U w CD E 1--I a w x U a � N z [� O JJ ro » ro a O 1 t I I I C I 1 I I I 1 I I CO I I I I I 1 I 1 I 1 M I 1 O O JJ M O OZ) C O O O 7 000 v' O co M M JJ d' N z cn w w w o 0 E czcz) ow - .ixa N W W a� H z Z uzn U � O N U Q) CD �w rn � O 0 z a w a a w 0 z w ul ul E r-C z w C a ro H P. a U w >a w u� ,J C ro U rl C O z r4 ri N M ro�O lO U ro O E C ro u vl I I N I I N I I O }J rd I 1 C I tS I I f) I � 1 I I -0 I N I I N I I �rI I I S4 O � I I � I I Q, I 16J1 V1 N I 14 � I 4 I ro I � I ✓T I ri I Cl) I 'O I N I N I rl I N O ,r� I J-J I � I K4 16J1 I I I I I I i (~ I I I N I I I O ri I I I I I CD -W I I I \ •• CO) I 1 I M -W I I I I M I I I \ •• I I 1 r 01 N I I N .--I O I-I I 1 I N .. .. .. J-I N (n N O M O Ln in d N N 0 ro ro 'r rn 1- Q a Q F. N .--I i v z 0 0 N O O O N ro J-I W O a H Cl Q -cs w c w c§ w El a El r-4 w O U U q U 049 E z v W z C H U a N O O < Q000 U \ \ W Q z ' z R+ a W Cl cn 2 3 W W mz U) z�a a ro K4 w H D Q 1:4 >zaa z � cwi� ?� U7 11 W C a 9 z cG ro u U M O i 4j O ro z v � O, O D n M M M I U V1 N I 14 � I 4 I ro I � I ✓T I ri I Cl) I 'O I N I N I rl I N O ,r� I J-J I � I K4 16J1 FORM= 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS IANAXII:FINNISAXII: A .il' In`DI.I NA/(�MI: /P NAMEOf "/BOAAR///(U.C'OUNCIII C' OMMKil ON. AU1HORIIT//Y/�.//O►�RCOMMIII'EE MAILING ADDRf1\ 215i&Z, '9- l �33jv28 DATE ON WHICH VOTE OCCURRED THE HOARWCOUNCIL COMMI.S.SION.64THORITY OR COMMITTEE ON 1 WHICH 1 SERVE IS A UNIT OF. j O CITY O COUNTY Q�OTHERLOCALAGENCY COUNTY NAME MM I`ITICALS IV ivisio I MY POSITION IS: ❑ ELECTIVE O APPOINTIVE L, ,JAww. '. 6 J WHO MUST FILE FORM 86 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 192.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO ,MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR' TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: - • You should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. •, , .., • A copy of the form should be provided immediately to the other members of the agency. Ul -, ,f� Y 6 2�!" i `' MINUTES O _FFTCE • The form should be read publicly at the meeting prior to consideration of the matter in which you have a con Ict oT interest. � 16J1 IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You should disclose orally the nature of your conflict in the measure before participating. • You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF LOCAL OFFICER'S INTEREST 1, ¢ �C� e hereby disclose that on (a) A measure came or will come before my agency which (check one) inured to my special private gain; or inured to the special gain of Developer continuing conflict (b) The measure before my agency and the nature of my interest in the measure is as follows: Construction of infrastructure improvements by District, see Commission on Ethics Opinion 87 -66 Date Filed 02� � by whom I am retained. Si_nature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO ,'MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN r. r ... .... ...� .. .. ... ... ...,. ...._ Naples Heritage Community Development District 210 N. University Drive, Suite 301 Coral Springs, FL 33071 (954) 753 -5841 fax(954)345 -1292 January 24, 2001 Clerk of the Circuit Court 2671 Airport Road, Court Plaza III P.O. Box 413016 Naples, Florida 34112 -3016 Attention: Mr. Derek Johnssen General Accounting Manager Subject: Naples Heritage Community Development District Fiscal Year 2000 Annual Financial Report of Units of Local Government Dear Mr. Johnssen: Pursuant to Florida Statues, Section 218.32(1)(b), enclosed please find the following: 1. General Purpose Financial Statements September 30, 2000. 3. Local Government Annual Financial Report. If you have any questions or require any additional information, please contact me. Yours sincerely, NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT Karen D. Ellis Assistant Director, Financial Services Enclosures 16J1 T O yT' D 0 m 0 N O O T 0 C m m m a CD N O O Cl) w C 0 A d � 7 n fl1 A O� , w 0 d c so Q� m C m 16J1 d 0 N (D X d _D ) y (D n 13D ❑X a C (D 3� 7 m 'X m Z CD o C Q IL 9 � 0 D o 0 n a 3 -n `G S � w 0 3 �• < m a (D 0 N C,) 0 � Q cm n n � o to �' O � m z 01 m a CCD w m w m -n Q. m m 0 G y a N 0 m m o cD 3 W cn z 0 w I O� , w F=1 0 W c so Q� m C m 16J1 d 0 N p � X d _D ) y (D n n ❑X a (D 3� 7 m 'X -' Z CD o C Q IL 9 � 0 D o 0 0 a 3 -n `G � w 0 �• _ Z (D 0 N C,) O� � Q cm n n � to �' O � m z a m a D w m w m -n Q. m 0 G m a 0 0 m m o cD 3 cn z 7 O. tyn cn N (0D 3 n CL (n Z N -I Z tSD O C 3 Z ^" c w m 3 CD CD (3D 0 1 W T n 1 Ch A A y D w Z �. m O l7 W A � . w O N O fD Ut W 'O �G A � C 7 O N i' C w co N 2 �p E; N <' m a (7 N w o m.1�1 g (D m Z CD N �p �1 0 2 w N CD w 01 a c O S m m 0 0 3 Z l 0 a Iz o o m ., o 3 A m 0 0 0 F=1 0 W c so Q� m C m H d 0 N p � X d _D ) y (D n n ❑X a (D = 7 m 'X C iD Z CD o Z Q IL 9 � 0 Ri m w m k c so Q� m C m (� Q m d X d _D ) y (D n n ID O R (D C . 7 7 'X C iD Z CD Z' Z Q IL 9 � 0 O � to, jo a ' R c -n Cry c, C<D (D � to O 'x Z t A rrt �l m -n Q. tV 0 G m Ri m w m M so Q� m C m (� Q m d X d _D ) y (D n n ID O R Ri m w m M -n Q� 7 (� Q m d X d _D ) y (D n n ID O (D C . 7 'X C iD Z CD Z' Z Q Q 0 O Ri m w m M -n 7 (� Q m d X _ M _D ) y (D n n ID O (D C . 7 C iD Z CD Q Q Ri m w m T O CD D CA DT D 0 W CD c N CC IX 16J1 7 CD �< D c c m N T n w d M 7 CO m O a m S 0 ' O 0 • c — D 0 m 3 3 m 7 > z 3 FR I N o. m � O 1 m 1 o C) D ?' w > 0 n i 3 D T C C n °L CD m O D w c D .D cn D D n D :� C D N D) � a v m 0 to o CD 3 Z 10 c n' m Q CD m 7 I D t0 0 0 0 � d o °c' O 3 m N < 7 CD 2 m O m m Q w m S a cn y p' °c � c d C n N rNil m N N N R° CD m CD m 0 7 C CD N O 3 T c m rn rn rn rn C 7 CL rn w c o b O 0 o 0 0 0 c o D � 0 0 0 0 0 i rn c V N to O c O 69 i 0 to m i to 0 A ODD N 1 0 O O COD N ffl i � to O co co V 69 O �n 0 6) O C, i 0 69 O 69 OD A to to O v) A CSI 01 -P, co N O O En to 7 CD �< D c c m N T n w d M 7 CO m O a m S 0 ' O 0 • c — D 0 m 3 3 m 7 > z 3 FR I N o. m � O 1 m 1 o C) D ?' w > 0 n i 3 D T C C n °L CD m O D w c D .D cn D D n D :� C D N D) � a v m 0 to o CD 3 Z 10 c n' m Q CD m 7 I D t0 0 0 0 � d o °c' O 3 O ca TD D O w C CD OO N co ao 16J1 D n O 7 O O; tG O co 0 9i . 0 Q c m :3 n a z CL c CD co T d m w m a �S O r 0 0 O fD 3 3 0 7 Z w 3 fD n O m � T CL C O D 7 7 fD D P? O N D D 7 n D 3 D � � c 9 < a v m C) c 0 CD 3 N 7 d Q OD N 7 .. K [D cc O 0 O d a o°o 3 IN O v O m � 7 x m =r 11) CD f� n' C N. CL cb ° CD < Q c w o a 0) m °—' y O D CD CD CD N CD 2 0 3 a :. N_ CD d o N 7 < 7 w_ m w CD Z o' CD N fJ1 Cn ,n C WD O W OD W N N 7 CL o_ O Cl) O _ C _ N O O O 6 a A R 69 m A vi W V W to A G _ O p A O p W O O O V V O O cn Ln O O O A n c D vi 0 to w i w Hi Cl) cn O N tN0 V O O ° ° O O V JO i to O to I i O W O to O to 0 O to w to w A &9 Hi W .... CD T to to A to tr Cn (O Ln A W J W A P 0 O O p O J m O O O D n O 7 O O; tG O co 0 9i . 0 Q c m :3 n a z CL c CD co T d m w m a �S O r 0 0 O fD 3 3 0 7 Z w 3 fD n O m � T CL C O D 7 7 fD D P? O N D D 7 n D 3 D � � c 9 < a v m C) c 0 CD 3 N 7 d Q OD N 7 .. K [D cc O 0 O d a o°o 3 IN 16J1 NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT COLLIER COUNTY, FLORIDA INDEPENDENT AUDITORS' REPORT AND GENERAL- PURPOSE FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2000 Gra u &Compa ny, P. A. Y certified public a(cnuutunt.s NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT COLLIER COUNTY, FLORIDA TABLE OF CONTENTS � 6J1' M PAGE INDEPENDENT AUDITORS' REPORT .................... ............................... 1 GENERAL - PURPOSE FINANCIAL STATEMENTS Balance Sheet -All Governmental Fund Types and Account Groups ......................... 2 -3 Statement of Revenues, Expenditures and Changes in Fund Balances - All Governmental Fund Types .. ............................... 4 Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual - All Governmental Fund Types ......................... 5 NOTES TO FINANCIAL STATEMENTS ................ ............................... 6 -11 INDEPENDENT AUDITORS' REPORT ON COMPLIANCE AND ON INTERNAL CONTROL OVER FINANCIAL REPORTING -" BASED ON AN AUDIT OF GENERAL- PURPOSE FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS ........... ............................... 12 MANAGEMENT LETTER PURSUANT TO THE RULES OF THE AUDITOR GENERAL FOR THE STATE OF FLORIDA ... ............................... 13 -14 - �f Grau &Company,P.A. certified public aecnuntant.c 2700 North Military Trail • Suite 350 ® � Boca Raton, Florida 33431 Fax ( 994 -9299 • (800) 299 -4728 ':'tcertified public accountants Fax(graucp .com www.graucpa.com 16J1 INDEPENDENT AUDITORS' REPORT To the Board of Supervisors Naples Heritage Community Development District Collier County, Florida We have audited the accompanying general - purpose financial statements of Naples Heritage Community Development District, Collier County, Florida ( "District ") as of and for the fiscal year ended September 30, 2000, as listed in the Table of Contents. These general - purpose financial statements are the responsibility of the District's management. Our responsibility is to express an opinion on these general - purpose financial statements based on our audit. We conducted our audit in accordance with generally accepted auditing standards, and Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require thatwe plan and perform the audit to obtain reasonable assurance about whether the general - purpose financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the general - purpose financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall general - purpose financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. In our opinion, the general - purpose financial statements referred to above present fairly, in all material respects, the financial position of the District, as of September 30, 2000, and the results of its operations for the fiscal year then ended, in conformity with generally accepted accounting principles. In accordance with Government Auditing Standards, we have also issued a report dated December 11, 2000, on our consideration of the Naples Heritage Community Development District's internal control over financial reporting and ourtests of its compliance with certain provisions of laws, regulations, contracts and grants. This report is an integral part of an audit performed in accordance with Government Auditing Standards and should be read in conjunction with this report in considering the results of our audit. December 11, 2000 gj�Grau &Company,PA. ": certijied public nccuu»ttint.v 7 C O 9 16J1 N c a� (D �U C f0 c L� Q L 0 0 c N lU U) N I� M O In O CD M N I� s- N M - O O V � Ui O UQ O ti ti (A r O 81 M � (O r (D LL T C N O y N r N O N VO1 cn CD 0 O _ Q Q _ V) (9 fl O O O 0 10 '75 C '� O> O N O 0) M � I N U7 O LO N U') O N O N E N 'a co N .r 6 COO w N ti O O Cn N M O Lf) Q 0 a< 0 Q E< E U') N U) � O O +- LO O M Ln CNO �± W J E,9 Fes- d U) LO 0 LO 0 p r Z o Q c x vii I Cl C) rn W U ` C7 ti Q M M ery 0�1Q -dp m W O W 0 o C. W� N d O o Ln 0) LQ L o rn p }ZOV) a U .O a Li 69 Lu 69, Z = 0O M W 0 �OC�0 VJVUJf.. = LL � O E rI O M N N 0wJQCL d) c p O LL N N v9 W JF' ZU) ` E E O W Q a (� W Q. > o N M w o� I N O co 0 CD c M M W V = Z N 69 E13 W J 3 J Q IL m c[ z gj�Grau &Company,PA. ": certijied public nccuu»ttint.v 7 C O 9 16J1 N c a� (D �U C f0 c L� Q L 0 0 c N lU U) N LT 0 0 w N N O y O VO1 cn CD 0 O _ Q Q V) (9 fl O O O 0 10 '75 C '� O> .@ G CU O m C O E O N H E N y N N E N 'a O .+ C E 2 .r 6 w w O Cn N O Q 0 a< 0 Q E< gj�Grau &Company,PA. ": certijied public nccuu»ttint.v 7 C O 9 16J1 N c a� (D �U C f0 c L� Q L 0 0 c N lU U) N - -, f Grau &Company, PA. certified public accountants M O M O co O O (.0 CO O O LO O f0 t N M 0) OO co N x N O T I M DD Cl) cl O N r O Lr N N 16J1 U C C J a) �O O V LL N '... ca H C N N d p w E Z C m aai a) N N J c d «� o m j cu J Fn c O C 12 LO O � p LO - LO LO a N N. N ) O 0 O cc cOc N N N (00 LO N M � � OI (0 O O N d 7 O Lo O N 69 � E O C. O O O N N N a c LU LO LO LO p p r q C C 0 x Z C Z d ai c LL �I co rn M to M a J y (7 u> , as N a rn N � -J c- v rn rn rn cn aON W LL Z C O" N V 0 o LL v p W H c,) ,0 = m o U a. N Z=o = o ch �m �O(, Q F- � LO N � N N U 39 o CL C o �OWa U) V pW: E �, 2 JZy E 0 (7 N (D r N N C W U CD LL I = Z W J a CL m a z - -, f Grau &Company, PA. certified public accountants y Z a W x w C O N U C J a) �O O V LL N '... ca H C N N d p @ W d 0 H Z C m aai a) N N J c d a W E m o m j cu J Fn c o y c cg ..� J Q m > LL C LL O - -, f Grau &Company, PA. certified public accountants NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT, COLLIER COUNTY, FLORIDA STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES ALL GOVERNMENTAL FUND TYPES FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2000 (With Comparative Totals for September 30, 1999) REVENUES Maintenance assessments Special assessments Developer contributions Other income Interest income Total Revenues EXPENDITURES Current General Government Debt service: Interest Principal retirement Total Expenditures EXCESS (DEFICIENCY) OF REVENUES OVER (UNDER) EXPENDITURES OTHER FINANCING SOURCES (USES) Operating transfer in Operating transfer (out) Total other financing sources (uses) EXCESS (DEFICIENCY) OF REVENUES AND OTHER SOURCES OVER (UNDER) EXPENDITURES AND OTHER (USES) FUND BALANCES - OCTOBER 1 FUND BALANCES - SEPTEMBER 30 - �J fGrau &Company,P.A. certified public accountants ` 6J1 4 - Debt Capital Total General Service Projects Memorandum Only Fund Fund Fund 2000 1999 $ 121,259 $ $ $ 121,259 $ 126,116 (2,039,591) 848,969 848,969 3,492,276 2,806,053 84,545 84,545 $ 254,265 $ 11,700 $ 484,681 11,700 22,700 6,800 32,352 4,987 44,139 124,550 139,759 965,866 4,987 1,110,612 3,765,642 81,977 5,107 87,084 78,522 159,900 159,900 461,711 3,185,000 3,185,000 5,265,000 81,977 3,350,007 3,431,984 5,805,233 57,782 (2,384,141) 4,987 (2,321,372) (2,039,591) 5,000 (5,000) 1,384,389 (5,000) 5,000 (1,384,389) (5,000) 5,000 52,782 (2,379,141) 4,987 (2,321,372) (2,039,591) 82,040 2,633,406 90,607 2,806,053 4,845,644 $ 134,822 $ 254,265 $ 95,594 $ 484,681 $ 2,806,053 See notes to the financial statements 2 NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT, 16JI COLLIER COUNTY, FLORIDA STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES - BUDGET AND ACTUAL ALL GOVERNMENTAL FUND TYPES FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2000 ® GENERAL FUND DEBT SERVICE FUND Variance Variance Favorable Favorable Budget Actual (Unfavorable) Budget Actual (Unfavorable) REVENUES Maintenance assessments $ 127,045 $ 121,259 $ (5,786) $ $ $ Special assessments 848,969 848,969 °- Developer contributions 84,545 84,545 Other income 11,700 11,700 Interest income 6,800 6,800 32,352 32,352 Total Revenues 127,045 139,759 12,714 965,866 965,866 EXPENDITURES Current General Government 121,751 81,977 39,774 5,107 5,107 Debt service: ® Interest 159,900 159,900 Principal retirement 3,185,000 3,185,000 Total Expenditures 121,751 81,977 39,774 3,350,007 3,350,007 EXCESS (DEFICIENCY) OF REVENUES OVER (UNDER) EXPENDITURES 5,294 57,782 52,488 (2,384,141) (2,384,141) OTHER FINANCING SOURCES (USES) Operating transfer in 5,000 5,000 Operating transfer (out) (5,000) (5,000) Total other financing sources (uses) (5,000) (5,000) 5,000 5,000 EXCESS (DEFICIENCY) OF REVENUES AND OTHER SOURCES OVER (UNDER) EXPENDITURES AND OTHER (USES) $ 5,294 52,782 $ 47,488 $(2,384,141) (2,379,141) $ 5,000 FUND BALANCES - OCTOBER 1 82,040 2,633,406 FUND BALANCES - SEPTEMBER 30 $ 134,822 $ 254,265 ... See notes to the financial statements - Grau &Company, PA. 5 ?: certified public accountants NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT COLLIER COUNTY, FLORIDA NOTES TO FINANCIAL STATEMENTS 16JI NOTE 1 - THE DISTRICT Naples Heritage Community Development District ( "District ") was created on September 24, 1996 pursuant to the Uniform Community Development District Act of 1980, otherwise known as Chapter 190, Florida Statutes, by Collier County Ordinance 96 -57. The Act provides among other things, the power to manage basic services for community development, power to borrow money and issue bonds, and to levy and assess non -ad valorem assessments for the financing and delivery of capital infrastructure. The District was established for the purposes of financing and managing the acquisition, construction, maintenance and operation of a portion of the infrastructure necessary for community development within the District. The District is governed by the Board of Supervisors ( "Board ") which is composed of five members. The Supervisors are elected on a at large basis by the owners of the property within the District. Ownership of land within the District entitles the owner to one vote per acre. The Developer "U. S. Home Corporation." currently owns a majority of the land. Three of the Board members are affiliated with the Developer. The Board of Supervisors of the District exercise all powers granted to the District pursuant to Chapter 190, Florida Statutes. The Board has the final responsibility for: 1. Assessing and levying maintenance taxes and special assessments. 2. Approving budgets. 3. Exercising control over facilities and properties. 4. Controlling the use of funds generated by the District. 5. Approving the hiring and firing of key personnel. 6. Financing improvements. Reporting Entity The District's financial statements include the operations of all Organizations for which the District Board of Supervisors is considered to be financially accountable. There are no entities considered to be component units of the District; therefore, the financial statements include only the operations of the District. As a result of the facts and circumstances discussed above, the District is treated as a separate entity from that of Collier County. Budget Reguirements The District is required to establish a budgetary system and an approved Annual Budget. The District's budgeting process is based on estimates of cash receipts and cash expenditures which are approved by the Board. The budget approximates a basis consistent with generally accepted accounting principles. The District follows these procedures in establishing the budgetary data reflected in the financial statements. a) Each year the District's Manager submits to the District Board a proposed operating budget for the fiscal year commencing the following October 1. The operating budget includes proposed expenditures and means of financing them on the General Fund and Debt Service Fund. b) Public hearings are conducted to obtain taxpayer comments. c) Prior to October 1, the budget is legally adopted by the District Board. Grau &CompanyRA. 6 certified public accountants NOTE 1- THE DISTRICT (Continued) 16JI d) All budget changes must be approved by the District Board. e) The budget for the General Fund and Debt Service Fund are adopted on a basis consistent with generally accepted accounting principles. f) Unused appropriation for annually budgeted funds lapse at the end of the year. g) The budget amounts shown in the financial statements are the final authorized amounts. No budget was prepared for the Capital Projects Fund as there were no expenditures during the year ended September 30, 2000. The Debt Service Fund budget was amended by increasing revenues by $921,840 and appropriations by $2,653,956. NOTE 2 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES Basis of Presentation The accounts of the District are organized on the basis of funds and account groups each of which is considered a separate accounting entity. The operations of each fund are accounted for with a separate set of self - balancing accounts that comprise its assets, liabilities, fund equity, revenues, and expenditures. The various funds are grouped in the financial statements in this report, into one fund type and two account group categories as follows: Governmental Funds General Fund The General Fund is the general operating fund of the District. It is used to account for all financial resources except those required to be accounted for in another fund. Debt Service Fund The Debt Service Fund is used to account for the accumulation of resources for the annual payment of principal and interest on long -term general obligation debt. Capital Projects Fund Capital Projects Fund accounts for financial resources to be used for the acquisition or construction of major capital facilities. Account Group General Fixed Assets Account Group This account group is used to establish accounting control and accountability for the fixed assets of the District utilized in its general operations. General Long Term Debt Account Group The General Long Term Debt Account Group is used to account for long term liabilities to be financed from governmental fund types. Fixed Assets "-' Public domain general fixed assets consisting of certain improvements including bridges and drainage systems are capitalized and are valued at historical cost. No depreciation has been provided on general fixed assets, nor has interest been capitalized. Basis of Accounting The accounting and financial reporting treatment applied to all funds is determined by its measurement focus. All Governmental Funds are accounted for on a spending measurement focus. Only current assets and current liabilities are generally included in their balance sheet. Their operating statements present sources (revenue and other financing sources) and uses (expenditures and other financing uses) of available spendable resources (net current assets) during the period. Grau &Company, PA. JIM" certified public accountuuts 16J1 NOTE 2 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) The modified accrual basis of accounting is used for all governmental fund types. Under this method, revenues are recorded when received in cash, except in cases where they are both measurable and available. "Measurable" means that the amount of transaction can be determined and "available" means that the amount of the transaction is collectible within the current period or soon enough thereafter to be used to pay liabilities of the current period. Expenditures are recorded when goods or services are received and actual liabilities are incurred. Disbursements for the purchase of capital assets providing future benefits are considered expenditures and are accounted for in the General Fixed Assets Account Group. Principal and interest on general long -term debt are recorded as fund liabilities when due. Those revenues susceptible to accrual are developer contributions, maintenance and special assessments and interest revenue. Investments Investments consisting of cash management accounts investing in short term government obligations are stated at cost which approximates fair value. Maintenance assessments The District levied a non -ad valorem maintenance assessment on all platted lots within the District. Maintenance assessments are levied each November 1 on property as of the previous January 1. The fiscal -- year forwhich taxes are levied begins on October 1 with a maximum discount available for payments through November 30 and becomes delinquent on April 1. The Collier County, Florida, Tax Collector's Office bills and collects maintenance taxes on behalf of the District. The maintenance assessment represents the amount collected from each lot owner for operating and maintenance expenditures of the District. Maintenance assessments levied for the year ended September 30, 2000 were $155.69 per unit. In conformance with governmental accounting principles, maintenance assessments relating to the current budget and collected within 60 days after the end of the budget period are recognized as revenue currently. Special assessments The District is required to impose special assessments on each parcel of benefitted land within the District in accordance with the bond indenture. Certain assessments are collected upon closing on each lot sold and are used to prepay a portion of the Bonds and to pay a portion of the interest owed. The District must also levy and collect additional annual assessments to provide funds for additional debt service on the portion of the bonds which are not paid for from the prepaid assessments. In conformance with governmental accounting principles, special assessments relating to the current budget and collected within 60 days after the end of the budget period are recognized as revenue currently. Encumbrances The District does not have a formalized encumbrance accounting system. However, substantially all expenditures for consultants are performed under contracts. There are no significant outstanding encumbrances at September 30, 2000. Total Columns on Combined Statement -- Total columns on the combined statements are captioned "memorandum only" to indicate that they are presented only to facilitate financial analysis. Data in these columns do not present financial position or results of operations, in conformity with generally accepted accounting principles. Also, such data is not comparable to a consolidation. - qf Grau &Company,PA. 8 ,certilied public actountant.c NOTE 2 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) 16J1 Use of Estimates The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities, and disclosure of contingent assets and liabilities at the date of the financial statements, and the reported amounts of revenues and expenditures during the reporting period. Actual results could differ from those estimates. Reclassifications Certain reclassifications have been made to the 1999 presentation in order to conform with the 2000 presentation. NOTE 3 - CASH AND INVESTMENTS Cash The District's cash balances were entirely covered by federal depository insurance or by a collateral pool pledged to the State Treasurer. Florida Statutes Chapter 280, "Florida Security for Public Deposits Act', all qualified depositories to deposit with the Treasurer or another banking institution eligible collateral equal to various percentages of the average daily balance for each month of all public deposits in excess of any applicable deposit insurance held. The percentage of eligible collateral (generally, U.S. Governmental and agency securities, state or local government debt, or corporate bonds) to public deposits is dependent upon the depository's financial history and its compliance with Chapter 280. In the event of a failure of a qualified public depository, the remaining public depositories would be responsible for covering any resulting losses. Investments The District has elected to proceed under the Alternative Investment Guidelines as set forth in Section 218.415 (15) Florida Statutes. Certain investments are required to be categorized to give an indication of the level of risk assumed by the entity at year end. The three categories of risk are: 1) Insured or registered, or securities held by the entity or its agent in the entities name. 2) Uninsured and unregistered, with securities held by the counter - party's trust department or agent in the entities name. 3) Uninsured and unregistered, with securities held by the counterparty or by its trust department or agent but not in the entities name. The District records all interest revenue related to investment activities in the respective funds. CARRYING/ FAIR -- VALUE Cash management account 1481979 The cash management account investments are not categorized because they are not evidenced by securities that exist in physical or book entry form. Grau &Company, PA. 9 3certified public accountaut c NOTE 4 - GENERAL FIXED ASSETS 16J1 Changes in general fixed assets during the year are summarized below: Balance Balance October 1 September 1999 Additions Deletions 30, 2000 Improvements $13,960,015 $_ $13,960,015 The District has entered into a interlocal agreement with Collier County whereby, certain water and sewer facilities included in the improvements shown above with be conveyed to Collier County upon completion of all infrastructure improvements related to the project. NOTE 5 - LONG TERM DEBT On December 1, 1996, the District issued $16,430,000 of Special Assessment Revenue Bonds, Series 1996, Term Bonds due on November 1, 2001 with a fixed interest rate of 6.15 %. The Bonds were issued to finance the acquisition and construction of certain improvements for the benefit of the District. Interest is paid semiannually on each May 1 and November 1, commencing May 1, 1997. The following is a summary of bond transactions for the fiscal year ended September 30, 2000: General Long -Term Debt Account Group Balance, October 1, 1999 $ 3,810,000 Additions - Deletions (3,185,000) Bond payable at September 30, 2000 1_..§ 5000 At September 30, 2000, the scheduled debt service requirements on the long - term debt were as follows: Year Ending September 30, Principal Interest Total 2001 $ $ 38,438 $ 38,438 2002 625,000 3,203 628,203 Total L41,641 666 641 The Bonds are not subject to redemption at the option of the District. The Bonds are subject to extraordinary mandatory redemption prior to maturity in the manner determined by the Bond Registrar if certain events occurred as outlined in the Bond Indenture. This occurred during the year ended September 30, 2000 as the District collected assessments from the lot owners and prepaid $2,660,000 of the Bonds. See Note 6 -Subsequent Events for additional call amount subsequent to year end which was used to pay down the Bonds. The Bond Indenture requires that the District maintain adequate funds in a reserve account to meet the debt -- service reserve requirement as defined in the Indenture. The requirement has been met for fiscal year ended September 30, 2000. Grau &CompanPA. 10 y, I certified public accountants 16J1 NOTE 5 - LONG TERM DEBT (Continued) The Bond Indenture has certain restrictions and requirements relating principally to the use of proceeds to pay for the infrastructure improvements and the procedures to be followed by the District on assessments to properly owners. The District agrees to levy special assessments in annual amounts adequate to provide �. payment of debt service and to meet the reserve requirements. The District is in compliance with the requirements of the Bond Indenture. NOTE 6 - SUBSEQUENT EVENTS On November 1, 2000 the District called $205,000 of the Special Assessment Revenue Bonds, Series 1996 as allowed in the Bond Indenture. The redemption was an extraordinary mandatory redemption as described in the Bond Indenture. On November 1, 2000, the Developer provided $13,161 to the District which was used to pay a portion of the interest owed on the Special Assessment Revenue Bonds, Series 1996 Bonds. NOTE 7 - CONSTRUCTION FUND AGREEMENT The District has entered into an agreement with the Developer and with Collier County related to the construction and maintenance of certain improvements related to the golf course. The agreement requires that the District set aside $45,464 for the required improvements and that another ten percent $4,550 be set aside as a construction reserve. At September 30, 2000, these amounts are included in the investment amounts shown in the Capital Projects Fund. As of September 30, 2000, the required improvements have not been constructed. NOTE 8 - RISK MANAGEMENT The District is exposed to various risks of loss related to torts; theft of, damage to, and destruction of assets; errors and omissions; and natural disasters. These risks are covered by commercial insurance from independent third parties. Settled claims from these risks have not exceeded commercial insurance coverage for the past three years. NOTE 9 - PRIOR PERIOD ADJUSTMENT In prior years, the District reported special assessments receivable as well as the offsetting deferred revenue for special assessments that are to be levied. In accordance with generally accepted accounting principles u the receivable and deferred revenue has been eliminated from the current financial statements. This change in reporting had no effect on the District's statement of revenues, expenditures, and changes in fund balances. - �Jf Grau &Company,p.A. 11 certified public accountants - �I Grau &Company, P.A. certified public occountnnts 2700 North Military Trail - Suite 350 Boca Raton, Florida 33431 (561) 994 -9299 - (800) 299 -4728 Fax(561)994 -5823 www.graucpa.com 16J1 INDEPENDENT AUDITORS' REPORT ON COMPLIANCE AND ON INTERNAL CONTROL OVER FINANCIAL REPORTING BASED ON AN AUDIT OF GENERAL- PURPOSE FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS To the Board of Supervisors Naples Heritage Community Development District Collier County, Florida — We have audited the general - purpose financial statements of Naples Heritage Community Development District, Collier County, Florida as of and for the fiscal year ended September 30, 2000, and have issued our report thereon dated December 11, 2000. We conducted our audit in accordance with generally accepted auditing standards '- and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Compliance As part of obtaining reasonable assurance about whether the Naples Heritage Community Development District's general - purpose financial statements are free of material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts and grants, noncompliance with which could have a direct and material effect on the determination of general - purpose financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit and, accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance that are required to be reported under Government Auditing Standards. Internal Control Over Financial Reporting In planning and performing our audit, we considered the Naples Heritage Community Development District's -- internal control overfinancial reporting in order to determine our auditing procedures forthe purpose of expressing our opinion on the general - purpose financial statements and not to provide assurance on the internal control over financial reporting. Our consideration of the internal control over financial reporting would not necessarily disclose all matters in the internal control over financial reporting that might be material weaknesses. A material weakness — is a condition in which the design or operation of one or more of the internal control components does not reduce to a relatively low level the risk that misstatements in amounts that would be material in relation to the general - purpose financial statements being audited may occur and not be detected within a timely period by employees in the normal course of performing their assigned functions. We noted no matters involving the internal control over financial reporting and its operation that we consider to be material weaknesses. This report is intended for the information of the management, Board of Supervisors of Naples Heritage Community Development District, Collier County, Florida and the Auditor General of the State of Florida and is not intended to be and should not be used by anyone other than these specified parties. December 11, 2000 12 �1 Grau &Company, P.A. certified public accountants 2700 North Military Trail • Suite 350 Boca Raton, Florida 33431 (561) 994 -9299 • (800) 299 -4728 Fax(561)994 -5823 www.graucpa.com 16J1 MANAGEMENT LETTER PURSUANT TO THE RULES OF THE AUDITOR GENERAL FOR THE STATE OF FLORIDA To the Board of Supervisors Naples Heritage Community Development District Collier County, Florida We have audited the accompanying general - purpose financial statements of Naples Heritage Community Development District (the "District ") as of and for the fiscal year ended September 30, 2000, and have issued our report thereon dated December 11, 2000. We conducted our audit in accordance with generally accepted auditing standards and Government Auditing Standards, issued by the Comptroller General of the U nited States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the general - purpose financial statements are free of material misstatement. The purpose of this letter is to comment on those matters described in Rule 10.554(1)(e) as required by the Rules of the Auditor General for the State of Florida. Accordingly, in connection with our audit of the general - purpose financial statements of the District, as described in the first paragraph, we report the following which is included on page 14: 1. Current year findings and recommendations. II. Status of prior year findings and recommendations. III. Compliance with the Provisions of the Auditor General of the State of Florida. We previously reported on the District's internal control in our report dated December 11, 2000 on page 12. This report is intended for the information of the management, Board of Supervisors of Naples Heritage Community Development District, Collier County, Florida and the Auditor General of the State of Florida and is not intended to be and should not be used by anyone other than these specified parties. We wish to thank the Naples Heritage Community Development District and the personnel associated with it, for the opportunity to be of service to them in this endeavor as well as future engagements and the courtesies extended to us. December 11, 2000 13 MANAGEMENT LETTER I. CURRENT YEAR FINDINGS AND RECOMMENDATIONS 7611 None II. PRIOR YEAR FINDINGS AND RECOMMENDATIONS None III. COMPLIANCE WITH THE PROVISIONS OF THE AUDITOR GENERAL OF THE STATE OF FLORIDA. 1. There were no inaccuracies, shortages, defalcations, fraud, or violations of laws, rules, regulations, or contractual provisions reported in the previous annual financial audit, for the fiscal year ended September 30, 1999. 2. There were no recommendations made in the annual financial auditforthe year ended September 30, 1999. 3. The financial report filed with the Department of Banking and Finance pursuant to Section 218.32(1)(a), Florida Statutes agrees with the September 30, 2000 financial audit report. 4. The District is not and was not in a state of financial emergency as a consequence of conditions described in section 218.503(1), Florida Statutes. 5. There were no current year recommendations. 6. There were no violation of laws, rules and regulations that have occurred, or are likely to have occurred and were discovered within the scope of the audit. 7. There were no illegal or improper expenditures discovered within the scope of the audit that may or may not materially affect the general - purpose financial statements. 8. There were no matters requiring correction that may or may not materially affect the general purpose financial statements. 9. The District complied with Section 218.415, Florida Statutes, regarding the investment of public funds. 10. The Naples Heritage Community Development District, Collier County, Florida was established -° under Uniform Community Development District Act, of 1980, otherwise known as Chapter 190, Florida Statutes, on September 24, 1996, and is controlled by an elective body consisting of five members of the Board of Supervisors. The District is financially independent as evidenced by the authority to make and approve its own budget, the power to tax, the authority to buy and sell property, and the authority to incur debt. Naplesheritage00.wpd Grau &Company,P.A. 14 certified public at countants MEMORANDUM TO: Sue Filson, Administrative Assistant Board of County Commissioners FROM: Derek Johnssen, General Accounting Manager Clerk of the Circuit Court/Finance Department it DATE: February 15, 2001 16J1 Misc. Correspondence Agenda Date Agenda Item # MI AF, .1 10, it ICidI Board of ik'ountw Commissioners RE: Miscellaneous Correspondence - BCC Agenda Please place the following items on the next available BCC agenda and call me at extension 8350 with the date and Miscellaneous Correspondence agenda item number. Mediterra South Community Development District 1. Pursuant to Florida Statutes Chapters 189 and 190, Mediterra South Community Development District, has submitted the following: (a) Minutes for the November 30, 2000 Meeting (b) Financial Statements Unaudited - 10/31/00 Thank you �7 of :lspeciallspecial Mediterra South 16J1 ' a Community Development District 10300 N.W. 11th Manor • Coral Springs, Florida 33071 • Telephone: (954) 753 -0380 • Fax: (954) 755 -6701 January 29, 2001 Clerk of the Circuit Court Finance Department c/o James L. Mitchell 2671 Airport Road, Court Plaza III P.O. Box 413016 Naples, Florida 34112 -3016 Mr. Thomas W. 011iff Collier County Manager Governmental Center 3301 East Tamiami Trail Administrative Bldg, Second Floor Naples, Florida 34112 Dennis H. Derby, Jr. Municipal Credit Analyst First Union National Bank 255 South County Road, 2nd Floor Palm Beach, Florida 33480 -6300 Re: Mediterra South Community Development District Dear Mr. Johnssen, Mr. 011iff and Mr. Derby: Enclosed please find the minutes and attachments for the November 30, 2000 meeting of the Board of Supervisors of the Mediterra South Community Development District which were approved at the January 24, 2000 meeting. Si rely, n n ileen H 1 or James P. Ward, Manager JPW /eh /Enc. 73 R EINEi 1 1001 MINUTES OF MEETING MEDITERRA SOUTH COMMUNITY DEVELOPMENT DISTRICT The regular meeting of the Mediterra South Community Development District was held Thursday, November 30, 2000 at 1:00 P.M. in the Board Room of Colonial Bank, 889 111th Avenue North, Naples, Florida, 34108. Present and constituting a quorum were: Margaret Emblidge Tim Tonachio Charley Nevaril Also present were: Jim Gillam Dan Cox Steve Means Chairperson Assistant Secretary Assistant Secretary Moyer & Associates Attorney Wilson & Miller FIRST ORDER OF BUSES Roll Call Mr. Gillam called the meeting to order at 1:00 P.M. and stated that all Supervisors are present at roll call with the exception of Mr. Miars and Mr. Rodgers. SECOND ORDER OF BUSINESS Approval of the Minutes of the September 27, 2000 Meeting Mr. Gillam stated that each Board member had received a copy of the minutes of the September 27, 2000 meeting and requested any additions, corrections or deletions. Mr. Gillam stated I have a correction on Page 3. After the motion to transfer funds I mentioned that I would be back at the next meeting with a Resolution. It is my understanding that the motion for the transfer of funds did approve the Resolution. We will just insert Resolution 2000 -10 into the motion box. On MOTION by Mr. Nevaril seconded by Mr. Tonachio with all in favor the minutes of the September 27, 2000 meeting were approved as amended. THIRD ORDER OF BUSINESS Consideration of Assignment of Easement to Collier County November 30, 2000 Mediterra South C.D.D. Mr. Gillam stated Mr. Cox will handle this item. 16J 1 Mr. Cox stated there was an agreement between the Developer and the District in Collier County for the conveyance of the north/south Livingston Road improvements to Collier County in exchange for impact fee credits that the District would then convey to the builders in the Development. Associated with the north/south roadway, the County required an easement along the east side of the north/south roadway for utility and other purposes associated with their ownership of the road. When we did the step of transferring the roadway to the C.D.D. pending transferring it from the C.D.D. to the County, they also included in the conveyance to the C.D.D. a grant of easement which probably was unnecessary. The District has no use for it. 'We did not pay anything for it and the County has asked that we assign that easement to them. It is for the purpose of their utilities and other purposes related to Livingston Road. There is really no reason why we shouldn't at this point. We will need a motion approving the assignment of the easement authorizing the Chairperson to execute the documents necessary to effect the assignment. On MOTION by Mr. Tonachio seconded by Mr. Nevaril with all in favor Assignment of Easement to Collier County was approved. FOURM ORDER OF BUSINESS Staff Reports A. Attorney There not being any, the next item followed. B. Engineer There not being any, the next item followed. C. Manager Mr. Gillam stated your next meeting is scheduled for December 27, 2000 which falls in the Christmas week. Unless there are any special items that need to be on the agenda, maybe we can consider cancelling that meeting and meet again in January. Ms. Emblidge stated I recommend we cancel that meeting. I have not heard of any impending items. Mr. Means stated there may be change orders to consider. Ms. Emblidge stated I suggest we put this on hold until we can get input from the Manager. Pq November 30, 2000 Mediterra South C.D.D. Mr. Gillam stated I am not aware of anything that needs to be done but we can do that. We can keep the meeting as is and cancel a couple of weeks before if there is nothing to put on the agenda. 16J1 Financial Statements and Claims Reports Mr. Gillam stated if there are no questions then a motion is in order to approve the Claims Report and Financial Statements. On MOTION by Mr. Nevaril seconded by Mr. Tonachio with all in favor to accept the Financial Statements and apl2rove the Claims Report FIFTH ORDER OF BUSINESS Supervisor's Requests and Audience Comments There not being any, the next item followed. SIXTH ORDER OF BUSINESS Adjournment On MOTION by Ms. Emblidge seconded by Mr. Nevaril with all in favor the meeting was adjourned at 1:15 P.M. Assistant Secretary �3 Margaret 4im lidge Chairperson AGENDA 16J1 MEDITERRA SOUTH COMMUNITY DEVELOPMENT DISTRICT Thursday Board Room/Colonial Bank November 30, 2000 889 111th Avenue North 1:00 P.M. Naples, Florida 34108 1. Roll Call 2. Approval of the Minutes of the September 27, 2000 Meeting 3. Consideration of Assignment of Easement to Collier County 4. Staff Reports A. Attorney B. Engineer C. Manager - Financial Statements 5. Supervisor's Requests and Audience Comments 6. Adjournment Naples Daily News Naples, FL 34102 Affidavit of Publication Naples Daily News MEDITERRA SOUTH COMMUNITY DEVELOPMENT DISTRICT 10300 NW 11TH MANOR CORAL SPRINGS FL 33071 REFERENCE: 056434 56161919 NOTICE OF MEETING ME State of Florida County of CoLLier Before the undersigned authority, personally appeared Phil Lewis, who on oath says that he serves as the Editor and Vice President of the Naples Daily Mews, a daily newspaper published at Naples, in CoLLier County, Florida: that the attached copy of advertising was published in said newspaper on dates Listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said CoLLier County, Florida, each day and has been entered as second :Lass mail matter at the post off•;ce in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first pub!.ication of the attached copy of advertisement; and affiant further says that she has neither pa :d nor promised any person, firm or corporation any discount, rebate, commie,sion or refund for the purpose of securing this advertisement for publiction in the said newspaper. PUBLISHED ON: 1123 AD SPACE: 67.000 INCH FILED ON: 11f23f00 16J1 Signature of Affiant Sworn to and Subscribed before m! this day of � Personally known by me S4 PUB ;'41; ° Susan D Flora My Commission C0581717 Expires Dec. 10, 2000 C'7 r Rr YEN• Sent By: YVVA; DAVID L. COOK BOAM CaMrvzo RTAL MATK AT FURN[Y 941 597 1060; NOV -21 -00 10:OOAM; Page 2/6 WINDELS MARX LANE & MITTENDORF, LLP ATTORNEYS AT LAW BowrA BAY Extcurm Cmm a 3461 BONRA BAY BOULevARD Surm 221 BONn'A SrRwcs, FLORIDA 34134 TEL: (941) 947 -7450 FAX: (941) 947 -7451 9-MAM: DCOOK ®WINDEISMARXF[..COM MEMORANDUM TO: Margaret Emblidge FROM: David L. Cook DATE: October 26, 2000 RE: Assignment of Easement to Collier County R -CEI VED NOV 1 3.2000 004rUG -�L,�s NEW YORK, NY ?( W BRUNSVVICK. NJ 9TAMPORD, Cr 16J1 As part of the Mediterra South CDD's transfer of Livingston Road to Collier County which has now occurred, Long Bay Partners was supposed to grant to Collier County, for no money, an easement running along a portion of the East side of the North -South roadway. This easement was conveyed to the CDD at the first closing but in hindsight, probably should not have been. The CDD did not pay for the easement and it is my understanding does not need it. The CDD now needs to assign the Easement to Collier County. Enclosed is the Assignment of Easement form to accomplish this. This transfer was supposed to be on the September Board agenda for approval, so I assume it was and was approved- If so, please sign where indicated, have it notarized and witnessed, and return the original to me for forwarding to the County. If you have any questions feel free to consult with Dan Cox. Thank You. cc: Dan Cox (w/ encl.) Susan Watts (w /o encl.) NOU 21 2000 10:06 941 597 1060 PAGE.02 Sent By: YVVA; 941 597 1060; 1 NOV -21 -00 10:OOAM; Page 316 Prepared by and return to: David L. Cook, Esq. Windels Marx Lane & Mittendor& LLP 3461 Bonita Bay Blvd. #221 Bonita Springs, FL 34134 Property LD. (Strap) No: ASSIGNMENT OF EASEMENT 16J1 THIS ASSIGNMENT OF EASEMENT, is made and executed this day of by MEDITERRA SOUTH COMMUNITY DEVELOPMENT DISTRICT, "GRANTOR ", to COLLIER COUNTY, a political subdivision of the State of Florida, whose address is 3301 East Tamiami Trail, Naples, FL 34112, "GRANTEE ". WITNESSETH: Grantor, for and in consideration of Ten & 001100 Dollars ($10.00), and other valuable consideration paid by Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby assigns to Grrantee all of its right, title and interest in and to that certain Grant of Easement from Long Bay Partners LLC to Grantor, recorded in Official Record Book 2627, Page 1166, Public Records of Collier County, Florida, on the following described lands located in Collier County, Florida, to wit: See attached Exhibit "A" which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. This instrument shall be binding on, and inure to the benefit of, the successors and assigns of the parties hereto. IN WITNESS WHEREOF, the Grantor has executed this instrument or caused the same to be executed by its representatives, thereunto duly authorized, on the day and year first above written. Witnesses: Signature . Printed Name: Signature Printed Name: MEDITERRA SOUTH COMMUNITY DEVELOPMENT DISTRICT By Margaret Emblidge, Chairperson, Board of Supervisors Address: 210 North University Drive, Suite 301 Coral Springs, Florida 33071 NOU 21 2000 10:06 941 597 1060 PAGE-03 Sent By: YVVA; 941 597 1060; Nov -21 -00 10:OOAM; Page 416 STATE OF FLORIDA 16J1 COUNTY OF LEE The foregoing instrument was acknowledged before me this day of , by Margaret Emblidge, Chairperson, Board ofSupervisors, ofthe Mediterm South Community Development District, on behalf of the District. She is personally known to me. (Seal) S U. 6 M IILESMMhe+,oCDD�[lawt DW~SULL T*WWV0\AA818WW1 of &KWRn &WPd Notary Public Printed Name: NOU 21 2000 10:07 941 597 1060 PAGE.04 Sent By: YVVA; NOU 21 2000 10 07 941 597 1060; Nov 21 00 10:OOAM; Page 5/6 EXHIBIT "All J 6J.1 A FM CrIMMWMW, lus s am MM . w PAWNMLAAV 00== =m RMOX -eh= WK CM*IMK AT VW =00=W C� cr INK QUARM CF SRCMM IL IONNEW 48 F -low = 0=1 Mismodudw Wtwm lueft mw At a AM= IK- SWm LEE W VK SM"WAM gRUM W so U=m IL FM A OKK#JlCc 'W == mot I== IM K=-V=W EL ME A Ommum w Mm par, in Im = air PPJWL WL� HUM own= FM A OWUM OF 48M MW ft- man Fiat an A MUM W MM RM IMM MV oar�woit or aa� low MIA, oa�uNac or eat �trtww M A w -------=A Ommum W. A- GMV=wtjnm at A�ot lK wNt lw� gm w ft� or am. mmmuw -Aim— or lK smu A fulk I== I RIB now= or Is= w dPMIM Eft A• w OAM XR .4 MR A w MR A JIM A is 1fOfrE IN I pp Ir a us= cm IN ,w �— 1% I, NNFAL AWK 25 V= M= CMUM RUM AS am SAMIM RECORDERS MEMO: Legibility of Wriling. Typillf twPrinting unsWsfactory in 4 is (k)cummt Whin Mcciva 941 597 1060 PAGE.05 Sent By: YVVA; 941 597 1060; Nov -21 -00 10:00AM; Page 616 — RECORDER'S MEMO; l.agiNuty cal' Writing. TAxnAor Printing ummishic'tory in tffus downw& when mmive d. i q q � 4 rp R N M� rb �d IR a 6J 1 mmrr . Nan ,a us m vo won iso is a� 0 1 I I i I I t r p p s 3 S� A a I � ' _ � oosra� ■ i .ar pC>I _.._.._ ..�_---- _. -_��_ iOa0111T C Lei ••�••�_--- --.• -_ w VA W Ism NOV 21 2000 10 07 941 597 1060 PAGE. 06 rrow `V W 1 16J1 V 4 W Z Q. 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A da da dr da da dr (OP O O O O O O O O • O O O O O O O O O O O O O O O O O O O O O O O N O O N O N O O O O O O O O d, O O O d' N N N O O O Ln tn to O N O O N O N O O O O O O O O d O O 4 O 4 N N N O O O � Ul Ul H H H z H 0 0 H U1 U] r~aa wUww a El) 0� wwzz 0 0 H H H H N ul W W 0004 04 U U O O 11 r-1 H N OO �A .-1 O 0 m m LnW00 w o rn m OO OD OD OD Mmcnri Ln Ln Lr) Ln 0 O o O 0 0 O 0 m � W z cn w z w w a w Q N 8 o O 16J1' Mediterra South COMMUNITY DEVELOPMENT DISTRICT 16JI CAPITAL IMPROVEMENT REVENUE BONDS, SEI $30,495,000 For the Period Ended October 31, 2000 Construction Projects Overall Sources of Funds Budget Deposit to Construction Account Deposit to Cost of Issuance Account Deposit to Interest Account Deposit to 1999 A & B Reserve Accounts Funds for Underwriter's Fees Interest from Construction /Cost of Issuance Acct Total Source of Funds: Uses of Funds Costs of Issuance Underwriter's Discount Bond Counsel - Nabors, Giblin & Nickerson Bond Underwriter - Prager McCarthy & Sealy Financial Advisor - Fishkind & Associates Trustee Counsel - Holland & Knight Trustee Fee- First Union Nat'l Bank District Counsel - Young, vanAssenderp District Manager - Severn- Trent/Moyer Bond Printing - Bowne of Atlanta, Inc. Deposit to Interest Account Deposit to Reserve Accounts Total Costs of Issuance: DIES 1999 A & B Year to Date Totals Overall Amounts Paid/ Year to Date Received by Variance Bond Funds (Fay.) - Unfay. $24,344,152.59 $24,344,152.59 $0.00 $145,000.00 $145,000.00 $0.00 $3,419,052.55 $3,419,052.55 $0.00 $2,136,739.53 $2,136,739.53 $0.00 $457,425.00 $457,425.00 $0.00 $718,215.92 $718,215.92 $0.00 $31,220,585.59 $31,220,585.59 $0.00 Construction Projects Year to Date Totals Overall Amounts Paid/ Year to Date Overall Received by Variance Budget Bond Funds Fay. - (Unfay.) $457,425.00 $457,425.00 $0.00 $42,743.25 $42,743.25 $0.00 $5,000.00 $5,000.00 $0.00 $20,281.69 $20,281.69 $0.00 $5,250.00 $5,250.00 $0.00 $9,648.75 $9,648.75 $0.00 $25,000.00 $25,000.00 $0.00 $15,000.00 $15,000.00 $0.00 $6,280.00 $6,280.00 $0.00 $3,419,052.55 $3,419,052.55 $0.00 $2,136,739.53 $2,136,739.53 $0.00 $6,142,420.77 $6,142,420.77 $0.00 Mediterro South 16J1 COMMUNITY DEVELOPMENT DISTRICT CAPITAL IMPROVEMENT REVENUE BONDS, SERIES 1999 A & B $30,495,000 Construction Year to Date Totals Overall Use of Funds- (continued) Projects Amounts Paid/ Year to Date Overall Received by Variance Project Description Budget Bond Funds Fay. - (Unfay.) Water Management $5,590,137.09 $5,590,137.09 $0.00 Utilities $0.00 $0.00 $0.00 ROW Improvements $1,487,475.93 $1,487,475.93 $0.00 Perimeter Landscaping $0.00 $0.00 $0.00 Recreation & Parks $0.00 $0.00 $0.00 Wetland Mitigation $196,287.15 $196,287.15 $0.00 Off Site Improvements $4,457,145.73 $4,457,145.73 $0.00 Technical Fees $1,074,306.51 $1,074,306.51 $0.00 Land Acquisitions $5,522,125.00 $5,522,125.00 $0.00 Total Construction Costs: $18,327,477.41 $18,327,477.41 $0.00 TRANSFER TO PREPAYMENT ACCOUNT PER LOAN DOCUMENTS Future Projects: $3,589,500.00 $3,589,500.00 $0.00 $3,161,187.41 $0.00 $0.00 Total Expenditures: $27,631,085.59 $28,059,398.18 $0.00 Funds Remaining: Reconciliation to Bank Statement: Construction Account Cost of Issuance Account at 10/31/00 $3,161,187.41 161,187.41 $3,161,187.41 o� 00 H M H N O (N - --1 H bl J-J r� C7. 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P O Ln I I C (D r I CS J.-) O O N � ro ro � ul l a � E -, E r I I I 41 N I I O I I z I I I I I i I I I I I I I I I I I E W x U O 0 H a U ro 0 U x E O PG W E O W >+ I I N O 41 ro u v Q. o 0 p 0 0 0 z H C'U 0x .H a aj as � k4 H U U w a r� 0 0 U U z H W D 0 P4 C7 W U z cn z H a H tx W a H C ro ro H U N H O z rtm U p r-I ro 0 E b C ro u C7 U] N I I I f4 I I ::3 I 41 I I N I I I C I I I s I I rI I I I to I I I I I I b I I I N I I N I I I 44 I I O I JJ I 16J1 p M M H ro a� O F .O C ro S-I U ro a) u ro C N sa O 16J1 I 1 I I I I I I I 1 I J-1 I I I I C I I I I pin N I I 1 1 �I I I 1 I I I I p d• O I I I I \ •• U I I I I H a \ I I I I z H H H I I I I ° C O H 0) 00 W a 014 ° v) m co U W C] F H a1 x N F z p M M H ro a� O F .O C ro S-I U ro a) u ro C N sa O 16J1 W W W F U H a F z � H ° U W a a w W w ° v) m co U H a o p F x p p O F p \ \ z W C z rn rn 04 U rn rn °° °wwz a 04 Ln Ln w -.-I O 1— r O M }4 O M M O q U N rl f--i \ H u) \ I I Ln Xa O O O O N ,..7 Capc c\ U c o c p N N N ri p M M H ro a� O F .O C ro S-I U ro a) u ro C N sa O 16J1 Cu W El F H z O 3 U W z w ° O a El H x � ° F ° F X k a 0 a�rwwa 04 wwwFe °wwz a w -P C q � W N -• 1 Xa ro u U I u 0 -P o ro z v f� a Q -'1 ro N p rn rn rn m m U p M M H ro a� O F .O C ro S-I U ro a) u ro C N sa O 16J1 TO FROM DATE MEMORANDUM Sue Filson, Administrative Assistant Board of County Commissioners Derek Johnssen, General Accounting Manager(% Clerk of the Circuit Court/Finance Department `� ,r March 8, 2001 16J1 ' + Misc. Correspondence Agenda Date Agenda Item # RECEIVED 1: Bodrdl of Count -Y Commissioners RE: Miscellaneous Correspondence - BCC Agenda Please place the following items on the next available BCC agenda and call me at extension 8350 with the date and Miscellaneous Correspondence agenda item number. Mediterra South Community Development District 1. Pursuant to Florida Statutes Chapters 189 and 190, Mediterra South Community Development District, has submitted the following: (a) Minutes for the January 24, 2001 meeting of Board of Supervisors (b) Financial Statements Unaudited - 12/31/00 Thank you Item# 1(a 3" A5 copies TO: : \special \special 16J1 Mediterra South Communitij Development District 10300 N.W. 11 th Manor • Coral Springs, Florida 33071 • Telephone: (954) 753 -0380 • Fax: (954) 755 -6701 March 1, 2001 Clerk of the Circuit Court Finance Department c/o James L. Mitchell 2671 Airport Road, Court Plaza III P.O. Box 413016 Naples, Florida 34112 -3016 Mr. Thomas W. 011iff Collier County Manager Governmental Center 3301 East Tamiami Trail Administrative Bldg, Second Floor Naples, Florida 34112 Dennis H. Derby, Jr. Municipal Credit Analyst First Union National Bank 255 South County Road, 2nd Floor Palm Beach, Florida 33480 -6300 Re: Mediterra South Community Development District Dear Mr. Johnssen, Mr. 011iff and Mr. Derby: Enclosed please find the minutes and attachments for the January 24, 2001 meeting of the Board of Supervisors of the Mediterra South Community Development District which were approved at the February 28, 2001 meeting. Sincerely, i een Hall for James P. Ward, Manager JPW /eh /Enc. a MAR - 2001 MA 76 0 1 16J1 MINUTES OF MEETING -- -- ,- ,- _ MEDITER,RA SOUTH - - COMMUNITY DEVELOPMENT DISTRICT The regular meeting of the Mediterra South Community Development District was held Thursday, January 24, 2001 at 1:00 P.M. in the Board Room of Colonial Bank, 889 111th Avenue North, Naples, Florida, 34108. Present and constituting a quorum were: Margaret Emblidge Tim Tonachio Grady Miars Also present were: Jim Gillam Dan Cox Steve Means Steve Pietrzyk Chairperson Assistant Secretary Assistant Secretary Moyer & Associates Attorney Wilson & Miller Developer FHI,ST ORDER OF BUSINESS Roll Call Mr. Gillam called to order the regular meeting of the Mediterra South Community Development District at 1:00 P.M. and stated that all Supervisors are present at roll call with the exception of Mr. Nevaril and Mr. Rodgers. SECOND ORDER OF BUSINESS Approval of the Minutes of the November 24, 2000 Meeting Mr. Gillam stated that each Board member had received a copy of the minutes of the November 24, 2001 meeting and requested any additions, corrections or deletions. On MOTION by Mr. Tonachio seconded by Ms. Emblidge with all in favor the minutes of the November 24, 2000 meeting were approved. THIRD ORDER OF BUSINESS Consideration of Resolution 2001 -1 Rescinding Previously Adopted Investment Policy and Adopting Alternative Investment Program Mr. Gillam stated several years ago municipalities were investing in sophisticated investment modes such as the Derivative and several of the January 24, 2001 16J1 I Mediterra South C.D.D. municipalities lost significant dollars. The State of Florida put together legislation and guidelines for investments. Chapter 218 covers the investment procedure. This is mainly for surplus funds related to your General Funds. The bond funds are regulated by the bond document itself; it tells you what you can invest in. In your surplus funds, Chapter 218, which is enclosed in your packet, gives two different alternatives. One is a very sophisticated alternative, 218.415, 1- 16. If you were to follow that procedure, it would require you to have a written policy and a Board comprised of people who are experts in the field of finance. In the case of Community Development Districts, there isn't enough money to warrant that kind of procedure. Therefore, the alternative investment policy guideline is the one that we recommend. This is on the agenda because there was a change in the Statute that took it from 218.415 (15) to 218.415 (17). The Resolution outlines the four different investments that you can utilize currently. We are recommending amending this Resolution with one that stops after Number 2; The District hereby adopts the alternative investment guidelines for the investment of public funds in excess of the amounts needed to meet current operating expenses, in accordance with Section 218.415 (17), Florida Statutes. That will allow in the future, if that Statute changes, that we do not have to return with another resolution. With that change Resolution 2001 -1 is in order. Mr. Miars asked are you saying from then on it is subject to change based on when the Statute changes? Mr. Gillam responded yes, when the legislation changes, Mr. Miars stated this is what applies today. Mr. Gillam responded yes. Mr. Miars asked who regulates what the investment strategy is going to be within those four options? Mr. Gillam responded all of these are very risk free. Each has to be secured by our office. The financial people in our office monitor what investments they are using. The auditor, at the end of the year, makes sure we are following that procedure for your sake. Mr. Miars stated there is some form of risk premium that they are going to look for. When they look at the different investments they are going to take more of a perceived risk than generally would have been taken - obviously for a higher return. Mr. Gillam stated they are going to look for the highest return with the most secure investment package. The big thing is security for municipal funds. 2 January 24, 2001 16J1 4 Mediterra South C.D.D. Mr. Miars stated you can see they are not ones that you are going to make a lot of money from. Mr. Gillam stated most of what we are investing in are in and around the 6% level. When you make a step past that you get into an area where you would need more than just this guideline. You would need a more sophisticated policy. Mr. Miars asked why would they want to invest in different alternatives if they are only looking for the 6% return? Why not just invest in T -bills and things like that? Otherwise you are incurring risk. Mr. Gillam stated the four are very low risk type investments. That is the whole issue - to make sure you are not putting the District's money at risk by a sophisticated policy. You can go the other way but you would need a written policy and a Board of people who are monitoring those investments. Mr. Cox stated the question was why would we use the money market funds versus T -bill type situation. Most likely liquidity would come into play there. Mr. Tonachio asked how does this relate to construction draws? Mr. Cox responded this will not apply to your construction funds that were proceeds of the bond debt. The statute states that these investment objectives and guidelines do not apply to certain things, which include your bond monies which are governed by the bond indenture itself. On MOTION by Mr. Miars seconded by Mr. Tonachio with all in favor Resolution 2001 -1, Rescinding Previously Adopted Investment Policy and Adopting Alternative Investment Program was approved as amended. FOURTH ORDER OF BUSINESS Staff Reports A. Attorney There not being any, the next item followed. B. Engineer There not being any, the next item followed. C. Manager Mr. Gillam stated I have nothing other than your financial statements. Financial Statements and Claims Reports Mr. Gillam stated if there are no questions then a motion is in order to approve the Claims Report and Financial Statements. 91 January 24, 2001 Mediterra South C.D.D. On MOTION by Ms. Emblidge seconded by Mr. Miars with all in favor to accept the Financial Statements and approve the Claims Report. FIFTH ORDER OF BUSINESS Supervisor's Requests and Audience Comments There not being any, the next item followed. 16JI ournment j SIXTH ORDER OF BUSINESS Ad� On MOTION by Mr. Miars seconded by Mr. Tonachio with all in favor the meeting was adjourned at 1:15 P.M. Charley Nevaril Assistant Secretary 5 1 A�- Margar t Emblidge Chairperson AGENDA MEDITERRA SOUTH COMMUNITY DEVELOPMENT DISTRICT Wednesday January 24, 2001 1:00 P.M. 1. Roll Call 16J1 %4, Board Room/Colonial Bank 889 111th Avenue North Naples, Florida 34108 2. Approval of the Minutes of the November 30, 2000 Meeting 3. Consideration of Resolution 2001 -1 Rescinding Previously Adopted Investment Policy and Adopting Alternative Investment Program 4. Staff Reports A. Attorney B. Engineer C. Manager - Financial Statements 5. Supervisor's Requests and Audience Comments 6. Adjournment Naples Daily News Naples, FL 34102 Affidavit of Publication Naples Daily News MEDITERRA SOUTH COMMUNITY DEVELOPMENT DISTRICT 10300 NW 11TH MANOR CORAL SPRINGS FL 33071 REFERENCE: 056434 58189736 NOTICE OF MEETING ME State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as the Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates Listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for pubLiction in the said newspaper. PUBLISHED ON: 0117 AD SPACE: 67.000 INCH FILED ON: 01/17/01 Signature of Affiant Sworn to and Subscribed before me this da of 20� Personally known by me e SUSAN D. FLORA My Comm Eup. 12110/04 No. CC 983546 I P"%Wj y ftM a 06..1.06 16J1,'- �f jt� 16J1 Resolution 2001 -1 Resolution of the Board of Supervisors of the Mediterra South Community Development District, Repealing Previously Adopted Written Investment Policy, Adopting the Alternative Investment Guidelines for Investing Public Funds in Excess of Amounts Needed to Meet Current Operating Expenses, in Accordance with Section 218.415(17), Florida Statutes WHEREAS, the Board of Supervisors, hereinafter referred to as the 'Board" of the Mediterra South Community Development District, hereinafter referred to as "District ", previously adopted a written investment policy in accordance with Section 218.415, Florida Statutes, and WHEREAS, the Board desires to repeal the written investment policy and to adopt the alternative investment guidelines for the investment of public funds in excess of amounts needed to meet current operating expenses, in accordance with Section 218.415, Florida Statutes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE MEDITERRA SOUTH COMMUNITY DEVELOPMENT DISTRICT THE FOLLOWING: 1. The previously adopted written investment policy of the District is hereby repealed. 2. The District hereby adopts the alternative investment guidelines for the investment of public funds in excess of the amounts needed to meet current operating expenses, in accordance with Section 218.415(17), Florida Statues. 3. This Resolution shall become effective this 24th day of January, 2001 and be reflected in the Fiscal Year End 9/30/00 Financial Statements and Audit Report of the District. i argaret mblidge Chairman F mes P. 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G] a) O O O [14 Q O O 0 16J1 ���� o0 0 0 O C O O o o H M O O 1 O W O •• O i O aD O -4 dP • •• yJ O O O O O O O 0) N Q! (1) O O O O O O O CT -) 0 2T 0 0 0 0 0 0 'a ro H a 0 a p E p E i p o c o 0 m m m i oCDOO m n m E 0 0 0 0 o v o ?y M M m M CD CD O CO C) O m O ri -1 M H C7 O O U � H H b W N L O N O O N r N 4J O CD O O m 1� W y C O o 1D o 0 10 lD 10 C o o Tn o N m C H CD u 4j u O C Ln `n �j O U u M M M M � 41 U I C N N H a 1j C Uro `" w I ai rob C O a) 14 A. u x w a w i w s4 E O z D H O O C li E fx � W W U W W z 2 O I U) A a z W cu C � cn x a, Cn z�d z cz w E a x HoE a a W F f=+ z z H O O H H O 0 E E E E DJ a4 O p 0 0 O p z 0000 H D W c E U W h i O a a a p FC p H U � u H U O H rl H N 0 O O H H O O 0l T H CD o Ln w O O M O k� �D ( � CY) I .. .. m CD OD co El M M M M H 'CJ JJ Ln N Lf Ln p C 04 W C a O O O O � (i.p o000 Mediterra South 16J1 COMMUNITY DEVELOPMENT DISTRICT CAPITAL IMPROVEMENT REVENUE BONDS, SER $30,495,000 For the Period Ended December 31, 2000 Construction Projects Overall -ces of Funds Budget Deposit to Construction Account Deposit to Cost of Issuance Account Deposit to Interest Account Deposit to 1999 A & B Reserve Accounts Funds for Underwriter's Fees Interest from Construction /Cost of Issuance Ac Total Source of Funds Underwriter's Discouni Bond Counsel - Nabors, Giblin & Nickerson Bond Underwriter - Prager McCarthy & Sealy Financial Advisor - Fishkind & Associates Trustee Counsel - Holland & Knight Trustee Fee- First Union Nat'l Bank District Counsel - Young, vanAssenderp District Manager - Severn - Trent /Moyer Bond Printing - Bowne of Atlanta, Inc. Deposit to Interest Account Deposit to Reserve Accounts Total Costs of Issuance: IES 1999 A & B Year to Date Totals Overall Amounts Paid/ Year to Date Received by Variance Bond Funds (Fay.) - Unfay. $24,344,152.59 $24,344,152.59 $0.00 $145,000.00 $145,000.00 $0.00 $3,419,052.55 $3,419,052.55 $0.00 $2,136,739.53 $2,136,739.53 $0.00 $457,425.00 $457,425.00 $0.00 $757,300.50 $757,300.50 $0.00 $31,259,670.17 $31,259,670.17 $0.00 Construction Projects Overall Year to Date Totals Overall Amounts Paid/ Year to Date Received by Variance Budget Bond Funds Fay. - ( Unfay.) $457,425.00 $457,425.00 $0.00 $42,743.25 $42,743.25 $0.00 $5,000.00 $5,000.00 $0.00 $20,281.69 $20,281.69 $0.00 $5,250.00 $5,250.00 $0.00 $9,648.75 $9,648.75 $0.00 $25,000.00 $25,000.00 $0.00 $15,000.00 $15,000-00 $0.00 $6,280.00 $6,280.00 $0.00 $3,419,052.55 $3,419,052.55 $0.00 $2,136,739.53 $2,136,739.53 $0.00 $6,142,420.77 $6,142,420.77 $0.00 Mediterra South 16J1 COMMUNITY DEVELOPMENT DISTRICT CAPITAL IMPROVEMENT REVENUE BONDS, SERIES 1999 A & B $30,495,000 Total Construction Costs: TRANSFER TO PREPAYMENT ACCOUNT PER LOAN DOCUMENTS Future Projects: $18,693,284.23 $18,693,284.23 $0.00 $3,589,500.00 $3,589,500.00 $0.00 $2,834,465.17 $0.00 $0.00 Total Expenditures: $27,670,170.17 $28,425,205.00 $0.00 Funds Remaining: Construction Account Cost of Issuance Account at 12/31/00 $2,834,456.17 $0.00 $2,834,456.17 $2,834,465.17 Construction Year to Date Totals Overall Use of Funds- (continued) Projects Amounts Paid/ Year to Date Overall Received by Variance Project Descripfia_n Budget Bond Funds Fay. - (Unfay.) Water Management $5,590,137.09 $5,590,137.09 $0.00 Utilities $0.00 $0.00 $0.00 ROW Improvements $1,487,475.93 $1,487,475.93 $0.00 Perimeter Landscaping $0.00 $0.00 $0.00 Recreation & Parks $0.00 $0.00 $0.00 Wetland Mitigation $196,287.15 $196,287.15 $0.00 Off Site Improvements $4,822,952.55 $4,822,952.55 $0.00 Technical Fees $1,074,306.51 $1,074,306.51 $0.00 Land Acquisitions $5,522,125.00 $5,522,125.00 $0.00 Total Construction Costs: TRANSFER TO PREPAYMENT ACCOUNT PER LOAN DOCUMENTS Future Projects: $18,693,284.23 $18,693,284.23 $0.00 $3,589,500.00 $3,589,500.00 $0.00 $2,834,465.17 $0.00 $0.00 Total Expenditures: $27,670,170.17 $28,425,205.00 $0.00 Funds Remaining: Construction Account Cost of Issuance Account at 12/31/00 $2,834,456.17 $0.00 $2,834,456.17 $2,834,465.17 16J1 MEMORANDUM Misc. Correspondence Agenda Date Agenda Item # TO: Sue Filson, Administrative Assistant Board of County Commissioners RECEIVED FROM: Derek Johnssen, General Accounting Managef Clerk of the Circuit Court/Finance Department °`. 21 DATE: February 15, 2001 Board of County Commissioners RE: Miscellaneous Correspondence - BCC Agenda Please place the following items on the next available BCC agenda and call me at extension 8350 with the date and Miscellaneous Correspondence agenda item number. Cedar Hammock Community Development District 1. Pursuant to Florida Statutes Chapters 189 and 190, Cedar Hammock Community Development District, has submitted the following: (a) Minutes for the October 9, 2000 Meeting (b) Financial Statements Unaudited - 07/31/00 (c) Schedule of Regular Meetings FY 2000 -2001 Thank you '5/-�7/, lspeciallspecial M / OEM �arr�,�v *Er*'► rinsr!'�r!t�►Yf�►rm+�r �' rL.ic��X,.lO?�L January 12, 2001 Clerk of the Circuit Court Finance Department ✓ c% James L. Mitchell 2671 Airport Rd, Court Plaza III P.O. Box 413016 Naples, Florida 34112 -3016 Mr. Thomas W. 011iff Collier County Manager Governmental Center 3301 East Tamiam'Trail Administrative Bldg, Second Floor Naples, Florida 34112 Re: Cedar Hammock Community Development District Dear Mr. Mitchell and Mr. 011iff: 16J1' Enclosed please find the minutes and attachments for the October 9, 2000 Meeting of the Board of Supervisors of the Cedar Hammock Community Development District which were approved at the January 8, 2001 meeting. Sincerely, i een H or James P. Ward, Manager JPW /eh Enc. 1-f ^1 .. f�� , d 2001 MINUTES OF MEETING 16 J I t CEDAR HAMMOCK :• COMMUNITY DEVELOPMENT DISTRICT The regular meeting of the Cedar Hammock Community Development District was held Monday, October 09, 2000 at 11:00 A.M. at the offices of Young, van Assenderp, Varnadoe & Anderson, 801 Laurel Oak Drive, Suite 300, Naples, Florida. Present and constituting a quorum were: Joe Grimes John Stanley Constantine Benetis John Campbell Christopher C. McCurdy Also present were: James P. Ward Bruce Anderson Jim Gillam Peter Wainright Vice Chairman Assistant Secretary Assistant Secretary Assistant Secretary Assistant Secretary District Manager Attorney Severn Trent RECEIVED Severn Trent Board of C006ty FIRST ORDER OF BUSINESS Roll Call Mr. Ward called the meeting to order at 11:10 A.M. and stated that the record will reflect that all Supervisors are present at roll call. SECOND ORDER OF BUSINESS Acceptance of Resignation from Peter Comeau and Consideration of Appointment of Supervisor to Fill Unexpired Term of Office Mr. Ward stated the way in which the statute works, the balance of the Board can appoint someone to fill Mr. Comeau's unexpired term which ends in November, 2004. With a motion and a second it would be appropriate for you to do that. First, by motion, accept Mr. Comeau's resignation from the Board pursuant to his letter dated August 14, 2000. On MOTION by Mr. Benetis seconded by Mr. Camp9the with all in favor Peter Comeau's Resignation from Board dated August 14, 2000, was accepted. . ,s Ato October 09, 2000 Cedar Hammock C.D.D. On MOTION by Mr. Campbell seconded by Mr. Gr7wa with all in favor Mr. Christopher C. McCurdy appointed to fill the unexpired term of office. 16J1 Mr. Ward being a Notary Public of the State of Florida administered the Oath of Office to Mr. McCurdy. Mr. Ward stated I am going to provide to you an original copy of the Oath of Office. Please sign it, date it, and it will be made a part of the record of the District. I will also provide a Statement of Financial Interest, a Form 1 Financial Disclosure and a short booklet on the Sunshine Law and the Code of Ethics for public employees. The Form 1 Financial Disclosure is required to be filled out and returned to the Supervisor of Elections in the County in which you reside within thirty days from today. If you have any questions, Mr. Anderson or I can help you through the process. Being an elected public official of this District you must abide by a number of laws, one of which is the Sunshine Law. As a member of this Board you may not do any District business outside of an open noticed public meeting with your other Board members. You may not communicate to another member of the Board as to how you may vote on a matter which may appear before the Board nor may you use a member of your staff or another member of the public to communicate to the members of the Board about a matter which may foreseeably appear before you. If you have any questions with respect to this law, we have always told Board members to act conservatively. Do not discuss a matter which may appear before the Board. Call Mr. Anderson or myself and we will be happy to help you through the process. Violations of the law are ethical violations of the statute. They reflect on you as an individual and not on the Board. That means if you were ever charged with a violation of the Sunshine Law, more likely than not, you would be required to defend yourself. The District would not be in a position to defend you. If you are ever found innocent of the charges then you can petition the Board to repay your legal expenses associated with those Sunshine Law violation charges. If you just don't talk to other members of the Board about District business you will be in good shape. TMED ORDER OF BUSINESS Approval of the Minutes of the July 10, 2000 Meeting Mr. Ward stated that each Board member had received a copy of the minutes of the July 10, 2000 meeting and requested any additions, corrections or 7 October 09, 2000 Cedar Hammock C.D.D. deletions. The only change I will make is that we will replace Mr. Comeau's name with Mr. Grime's name on the signature page for this particular meeting. On MOTION by Mr. Campbell seconded by Mr. Stanley with all in favor the minutes of the July 10, 2000 meeting were approved as amended. 16J1 4 FOURTH ORDER OF BUSINESS Consideration of Interlocal Agreement Between the Property Appraiser, Tax Collector and the District for the Preparation and Submission of Non Ad Valorem Roll Mr. Ward stated some time ago you went through the procedure to require the Property Appraiser and Tax Collector of Collier County to allow you to place your non ad valorem assessments on the tax roll of Collier County. The final step in the process is for you to enter into an Interlocal Agreement between those two agencies for the purpose of executing what you have the right to do pursuant to Chapter 197. I have enclosed what has become a standard form agreement here in Collier County and it is important that we get the Agreement approved and signed to ensure that we can get this year's assessments on the County tax roll. If you have any questions with respect to the Agreement, I will be glad to answer them. Otherwise, it is recommended for your consideration. Mr. Stanley stated there is no other property owner other than U.S. Home, correct? Mr. Ward responded that is correct. Mr. Stanley stated so we still have to pay these fees to the two government agencies? Mr. Ward responded only to the extent that you actually levy an assessment on the roll. You don't pay anything currently and when you put something on the roll, those are the fees that you will pay. On MOTION by Mr. Stanley seconaed ay lvir. k ampuen with all in favor the Interlocal Agreement Between the Property Appraiser, Tax Collector and the District for the Preparation and Submission of Non Ad Valorem on Tax Rolls was approved. FIFTH ORDER OF BUSINESS A. Attorney K1 Staff Reports October 09, 2000 Cedar Hammock C.D.D. Mr. Anderson stated before we finish the meeting, we need to elect a new Chairman. B. Engineer There being none, the next item followed. 16J1 C. Manager Mr. Ward stated you need to elect a new Chairman and I will ask that you add Mr. McCurdy to your Board as an Assistant Secretary. You can either do that as one motion or two separate motions. On MOTION by Mr. Benetis seconded by Mr. Stanley with all in favor John Campbell was appointed Chairman of the Board of Supervisors and Chris McCurdy as Assistant Secretary. 1. Meeting Dates for Fiscal Year 2001 Mr. Ward stated I have enclosed the meeting dates for Fiscal Year 2001. There is no action required of the Board. It is published pursuant to law and is a requirement to the extent that you have a standard meeting date. They are handled on a quarterly basis with the exception of the months of May and June because that will be your budget season. Unless you have any questions, or you want to change them again, there is no action required of the Board. 2. Claims Report and Financial Statements There being no questions or comments, the next item followed. SIXTH ORDER OF BUSINESS There not being any, :R with all in favor the /I jo nes P. Ward Secretary 0 Supervisor's Requests and Audience Comments seconded by Mr. Camp Ldjourned at 11:20 A.M. Jo am C irman AGENDA 7 6 j 1 LJ 1 � CEDAR HAM MOCK COND413NITY DEVELOPMENT DISTRICT Monday Young, Van Assenderp Varnadoe & Anderson October 9, 2000 801 Laurel Oak Drive, 11:00 A.M. Suite 300 Naples, Florida 1. Roll Call 2. Acceptance of Resignation from Peter Comeau and Consideration of Appointment of Supervisor to Fill Unexpired Term of Office 3. Approval of the Minutes of the July 10, 2000 Meeting 4. Consideration of Interlocal Agreement Between the Property Appraiser, Tax Collector and the District for the Preparation and Submission of Non Ad Valorem Roll 5. Staff Reports A. Attorney B. Engineer C. Manager 1. Meeting Dates for Fiscal Year 2001 2. Claims Report and Financial Statements 6. Supervisor's Requests and Audience Comments 7. Adjournment Naples Daily News Naples, FL 34102 Affidavit of Publication Naples Daily News CEDAR HAMMOCK COMMUNITY DEVELOPMENT DISTRICT 10300 NW 11TH MANOR CORAL SPRINGS FL 33071 REFERENCE: 056685 58129996 NOTICE OF MEETING CE State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as the Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Maples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publiction in the said newspaper. PUBLISHED ON: 10/02 AD SPACE: 72.000 INCH FILED ON: 10/02/00 -------- - - - - -- ' 6111'- f Signature of Affiant Sworn to and Subscribed before me this ,q�-" day of L 20C P Personally known by me , -?;0' Chanel Chanel A. McDonald COMMISSION # CC850752 EXPIRES June 29, 2003 ',.;j BONDED THRU TROY FAIN INSURANCE INC AUG 15 100 17:17 FR MOYER AND ASSOCIATES 954 345 1292 TO 7960623 P.01i01 nuv ,� cvvv ►uc uc•:,u ri► uo nu►►c OVU►r► rL LHAU U rrlx nu. Mle(bubds N. 01 SOUTH FLORIDA LAND DIVISION MEMORANDUM TO: JAMES WARD FROM: P 11 R COML,AU 16J1 SUBJECT: RESIGNATION DATE: 08/14/00 CC.: JAMES CURRY I SUBMIT MY L.E'1'1'1r1t O)~ RI-.SIGNATION EFFECTIVE .AUGUS1' 25, 2000 POR T1 IF. FFOLLOWING COMMUNITY 1)FV1?).0PMT_.NTDISTRICTS. • NAPLES HE?RITAGI; COMMUNITY DEVELOPMENT DISlRIC'I' • HERITAGE PALMS COMMUNITY DEVELOPMENT I)ISTItICT • STONRYIiROOK COMMUNITY DEVELOPMRNT DISTRICT' • CRI) Alt I I AMMO CK COMMUNITY 1)hVFI.OPMrNT DISTRICT • HERITAG>'t GREENS COMMUNITY DEVRT,01'M1,,NT DISTRICT bo, nu. stv/o /I. o-� -� 79L —06 z3 I AUG 15 '00 14 =53 9412780883 PAGE.01 ** TOTAL PAGE-01 ** oath of office 16J1 a resident of the State of Florida and citizen of the United States of America, and being a Supervisor of the Cedar Hammock Community Development District and a recipient of public funds on behalf of the District, do hereby solemnly swear or affirm that I will support the Constitution of the United States and of the State of Florida, and will faithfully, honestly and impartially discharge the duties devolving upon me in the office of Supervisor of the Cedar Hammock Community Development District, Collier County, Florida. — 4�& (f 10-&11- ZrZ2 o Date INTERLOCAL AGREEMENT FOR THE PREPARATION AND SUBMISSION OF THE CEDAR HAMMOCK COMMUNITY DEVELOPMENT DISTRICT, NON -AD VALOREM ASSESSMENT ROLL AND THE RELATED UNIFORM COLLECTION AND ENFORCEMENT , THEREOF 16JI WHEREAS, the CEDAR HAMMOCK COMMUNITY DEVELOPMENT DISTRICT (hereinafter "DISTRICT ") was established pursuant to the provisions of Chapter 190, Florida Statutes, and the DISTRICT is authorized to levy non -ad valorem or special assessments including benefit assessments, maintenance assessments, and other such assessments; and WHEREAS, Section 189.4065, Florida Statutes, and Section 197.3631, Florida Statutes, also authorize this DISTRICT to collect non -ad valorem assessments; and WHEREAS, the Honorable Guy L. Carlton, is the County Tax Collector of Collier County (hereinafter "TAX COLLECTOR "), and therefore the County Constitutional Officer charged, as agent of the State, with the collection and enforcement of ad valorem taxes and non- ad valorem assessments levied by the County, the School Board and municipalities and any special districts within the County; and WHEREAS, the Honorable Abe Skinner, is the Collier County Property Appraiser (hereinafter "PROPERTY APPRAISER "), and therefore the County Constitutional Officer charged with determining the value of all property within the County, and with maintaining certain records connected therewith, specifically including the name of the owner, address and legal description of parcels of property on the tax rolls, and with providing certain services and information to taxing authorities under Section 190.021, Florida Statutes, and Section 197.3632, Florida Statutes; and WHEREAS, Section 197.3631, 197.3632, Florida Statutes, and Section 189.4065, Florida Statutes, provide that the DISTRICT may arrange for the collection and enforcement of non -ad valorem special assessments by the TAX COLLECTOR on the official tax notice as certified to the TAX COLLECTOR by the DISTRICT upon receipt by the DISTRICT from the Cedar Hammock Interlocal AgreementW81400.ks Page 1 of 9 16J1' PROPERTY APPRAISER of the name, address and legal description of each applicable parcel; and WHEREAS, Chapter 197, Florida Statutes, authorizes the DISTRICT, PROPERTY APPRAISER and TAX COLLECTOR to enter into an Agreement regarding the reimbursement of necessary administrative costs incurred by the PROPERTY APPRAISER and TAX COLLECTOR; and WHEREAS, pursuant to Section 197.3632, Florida Statutes, the PROPERTY APPRAISER may provide additional services for the DISTRICT over and above the requirement to provide the name, address and legal for each parcel of land upon which the non -ad valorem assessment is to be levied, and be reimbursed accordingly, including authority to act as the agent of the DISTRICT in fulfilling the duty of the DISTRICT both to prepare and to certify the non -ad valorem assessment roll to the TAX COLLECTOR by the 15th of September of each calendar year in compatible electronic medium tied to the property identification number on the tax roll of the PROPERTY APPRAISER; and WHEREAS, the use of the uniform non -ad valorem assessment methodology is more fair, more efficient and more accountable than the other alternatives available; and WHEREAS, the Board of Supervisors of the DISTRICT passed Resolution No. 2000 -20 on January 10, 2000, expressing its intent to use the uniform collection and enforcement of non- ad valorem assessments methodology in accordance with the procedures outlined in Section 197.3632, Florida Statutes, and has therefore elected to use the non -ad valorem assessment methodology in Section 197.3632, Florida Statutes, and has elected not to use the methodology in Section 190.021, Florida Statutes; and WHEREAS, the duty to certify the non -ad valorem assessment roll is in the Chairman of the Board of Supervisors of the DISTRICT; and WHEREAS, the DISTRICT wants the PROPERTY APPRAISER to serve as agent of the DISTRICT specifically to list, extend, prepare and certify the non -ad- valorem assessment roll of the DISTRICT; and Cedar HammockUnterlocal Agreemen6081400.ks Page 2 of 9 16J1 .1 WHEREAS, the TAX COLLECTOR, PROPERTY APPRAISER and DISTRICT are agencies of the State within the meaning of Chapter 189, Florida Statutes, and Chapter 163, Florida Statutes, and desire the joint powers which each will exercise separately under the terms of this Agreement; and WHEREAS, pursuant to Chapter 189, Florida Statutes, Chapter 163, Florida Statutes, and Chapter 190, Florida Statutes, there is ample statutory authority for interlocal and interagency agreements between the TAX COLLECTOR, PROPERTY APPRAISER and the DISTRICT; and WHEREAS, the TAX COLLECTOR and the PROPERTY APPRAISER agree to provide the services of their respective offices for the non -ad valorem assessments involved as set forth in statutory law, applicable rules, as amended, and in this Agreement; and WHEREAS, the DISTRICT desires to accept the services of the TAX COLLECTOR and PROPERTY APPRAISER as provided in this Agreement and further agrees to fulfill its duties and responsibilities under law and pursuant to this Agreement. The DISTRICT, PROPERTY APPRAISER, and TAX COLLECTOR hereby agree as follows: 1. Commencing with the 2000 calendar year, and all subsequent years, except as provided in paragraph seven (7), the PROPERTY APPRAISER, as agent for the DISTRICT shall list, prepare, submit and certify to the TAX COLLECTOR by September 15th, on compatible electronic medium, tied to the property identification number, the non -ad valorem assessment roll, and that the District shall comply with all applicable provisions of Chapter 197, Florida Statutes, and related rules, including, but not limited to, compliance with all advertisements and notices required in the election to use the non -ad valorem assessment methodology, levying, and roll adoption (subsequent years). 2. Because the DISTRICT, by the 10th of January, 2000 did furnish the legal description of the land area on which the non -ad valorem assessments be levied for calendar year 2000 to the PROPERTY APPRAISER, the PROPERTY APPRAISER shall determine accurately Cedar Hammockllnterlocal AgreemenM81400.ks Page 3 of 9 the name, address and legal description of each affected parcel and submi a in rm ion to A DISTRICT by the 1st of June, 2000; the PROPERTY APPRAISER shall also act as the agent for the DISTRICT (as Principal) to list, extend, and prepare the non -ad valorem assessment roll for and on behalf of the DISTRICT and certify it by the 15th of September, 2000 in the name of the DISTRICT to the TAX COLLECTOR in compatible electronic medium tied to the property identification number; provided, however, that the PROPERTY APPRAISER shall not be under any duty to act as agent of the DISTRICT in preparing and certifying to the TAX COLLECTOR the non -ad valorem assessment roll unless the DISTRICT shall have provided the PROPERTY APPRAISER, no later than August 1st of each calendar year as a condition precedent, the officially adopted per unit or parcel of property non -ad valorem assessments as officially adopted by the Board of Supervisors at a duly noticed meeting. 3. Pursuant to expressed authority in Section 197.3632, Florida Statutes, the TAX COLLECTOR shall be compensated at the rate of two percent (2 %) of the non -ad valorem assessments collected as compensation for all costs of the TAX COLLECTOR, which two percent (2 %) shall be withheld by the TAX COLLECTOR as payment prior to distribution to the DISTRICT of the funds collected. 4. The DISTRICT hereby agrees to compensate the PROPERTY APPRAISER for all necessary administrative costs as defined in Section 197.3632(2), Florida Statutes, incurred in filling both statutory and contractual duty of the PROPERTY APPRAISER under this Agreement and the DISTRICT shall compensate the PROPERTY APPRAISER at the rate of one and one- half percent (1.5 %) of the non -ad valorem assessment collected for setting up the non -ad valorem or special assessment roll and, annually thereafter, the amount of one and one -half percent (1.5 %) of the non -ad valorem assessment collected for the maintenance of each benefit unit (parcel of property). 5. If the actual costs of performing these services by the PROPERTY APPRAISER exceed the compensation referenced in paragraph four (4) above, then the compensation to be Cedar HammockUnterlocal AgreementW81400.ks Page 4 of 9 16J1 paid by the DISTRICT to the PROPERTY APPRAISER shall equal the actual cost of performing such services. 6. The parties to this Agreement agree to consult and cooperate as necessary and practical for the efficient and timely listing, preparation, submissions, certification, collection and enforcement against delinquencies of the DISTRICT non -ad valorem or special assessment rolls and levies including provision by the DISTRICT to the other parties of any staff assistance reasonably necessary, and required to effect the purposes of this Agreement. 7. The term of this Agreement shall commence with the 2000 non -ad valorem assessment rolls and shall continue and extend uninterrupted from year to year from the effective date as indicated below unless a notice of termination shall be issued by any party. A notice of termination shall be in writing and shall be delivered not less than ninety (90) days in advance of the commencement of the next fiscal year of the DISTRICT save and except during those years when the DISTRICT in timely fashion notifies the TAX COLLECTOR and the PROPERTY APPRAISER that it seeks to collect and enforce the assessments pursuant to other provisions of law. 8. In performing these services herein specifically provided, neither the TAX COLLECTOR nor the PROPERTY APPRAISER is in any way, express or implied, direct or indirect, responsible for proposing, imposing or levying any non -ad valorem special assessment and /or for determining whether any such special or non -ad valorem assessment levied by the DISTRICT is authorized, constitutional, legal and valid and the DISTRICT acknowledges that it is solely the responsibility of the DISTRICT to levy such assessments and to make sure they are authorized, legal, valid and constitutional. 9. All agreements previously entered into by and between the parties hereto in conflict herewith are hereby superseded to the extent of the conflict. 10. This Agreement shall become effective upon the signing of the Agreement by the TAX COLLECTOR, the PROPERTY APPRAISER, and the DISTRICT, and with the Cedar HammockUnterlocal AgreementW81400.ks Page 5 of 9 appropriate filing with the Clerk of the Circuit Court of Collier County, Florida, and shall supercede any and all prior Agreements. EXECUTED this lZ day of OTt–ke-(— , 2000. 16ji Attest- it %ess ,�- C,G11--r � -- Printed Name Witness Printed Name Witness -LL re wa rc s Printed Name �.G�-tL- /. Witness g•w�s Printed Name CEDAR HAMMOCK Its: / Chairman COLLIER COUNTY PROPERTY APPRAISER a By: ABE SKINNER Cedar HammockUnterlocal AgreementW81400.ks Page 6 of 9 STATE OF FLORIDA COUNTY OF COLLIER 16J1 The foregoing instrument was acknowledged before me this /j�— day of 2000, by JOHN CAMPBELL, as Chairman of the Cedar Hammock Community Development District, who is ersonally known to me r who has produced as identification. Sign /ure of Person T ing Acknowledgment (Affix Seal) 1'e-, //' Name of Acknowle ger Typed, Printed or Stamped OFFICIAL NOTARY SEAL E I'liCILLF F BARRETT ARY PUB i .It . � V ATF OF FLORIDA COMMISSq-,N nict. CC721216 COMMISSION EXP. MAR. 32002 STATE OF FLORIDA COUNTY OF COLLIER Title or Rank Serial Number, if any My Commission expires: The foregoing instrument was acknowledged before me thisoJ day of , 2000 by ABE SKINNER, as Property Appraiser for Collier County, Florida, who ' ersonally kno to me or who has produced as identification. JMV LIU* Signature of Pe Jon Taking Acknowledgment (Affix Seal) 611" 6 Name of�wledger Typed, Printed or Stamped e My CO N MMISSIO GCC9328H EXPIRES Title or Rank e August 14, 2004 Rfdy BONDED THRU TROY FAIN INSURANC4 INC Serial Number, if any My Commission expires: Cedar HammockUnterlocal Agreemen6081400.ks Page 8 of 9 Witness 16J1" a COLLIER COUNTY TAX COLLECTOR By: 4� 4GARLTON �.&lx Cedar Hammock Interlocal Agreemen6081400.ks Page 7 of 9 STATE OF FLORIDA COUNTY OF COLLIER 16J1 + The foregoing instrument was acknowledged before me this d3 day of 2000 by GUY L. CARLTON, as Tax Collector of Collier County, Florida, who is personally known to me r who has produced as identification. (Affix Seal) 7udith B. Glover : *; �j• ;,;- MY COMMISSION # CC711210 EXPIRES d.... September t, 2002 ie. THRU TROY FAIN INSURANCE WC X 'ze4� Sit4ture of Person Taking Acknowledgment 7jz�bo V4 A � ezU.o/Y Name of Acknowledger Typed, Printed or Stamped Title or Rank Serial Number, if any My Commission expires: Cedar HammockUnterlocal AgreementW81400.ks Page 9 of 9 NOTICE OF MEETINGS 16ji CEDAR HAMMOCK COMMUNITY DEVELOPMENT DISTRICT The Board of Supervisors of the Cedar Hammock Community Development District will hold their meetings for Fiscal Year 2001 at the offices of Young, van Assenderp Varnadoe & Anderson, 801 Laurel Oak Drive, Suite 300, Naples, Florida at 11:00 A.M. on the second Monday of the month as follows. October 9, 2000 January 8, 2001 March 12, 2001 May 14, 2001 June 11, 2001 July 9, 2001 There may be occasions when one or more Supervisors will participate by telephone. At the above location there will be present a speaker telephone so that any interested person can attend the meeting at the above location and be fully informed of the discussions taking place either in person or by telephone communication. Any person requiring special accommodations at this meeting because of a disability or physical impairment should contact the District Office at (954) 753- 0380 at least five calendar days prior to the meeting. Each person who decides to appeal any action taken at these meetings is advised that person will need a record of the proceedings and that accordingly, the person may need to ensure that a verbatim record of the proceedings is made, including the testimony and evidence upon which such appeal is to be based. Gary L. Moyer Manager 'i V � F: o a� L � V � 0 U Ln a� 4-J (n U (z c M■ '0 o cu o N (z M D 16J1 o� O H N m O Ln oo c ti O O N 4 O j tT JJ ro ro a o F I O O H F w O W x rn cn c w -o U C z v a 'o F( O W N -4 N i7. 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O 000000 W❑ 0 0 0 0 0 0 O O W O O ow J, 0 0 0 0 0 0 O O O 0 0 0 0 0 0 o O O 'p 0 0 0 0 0 0 O O O P7 ❑ E N i ❑ o rl 0 0 r M Q� M I I- O d> 0 0 I- 0 lD N CO N OJ E I j O o o M ri M }i M M O m Ol N m M O rI ul N In r m O ID m lD N N N cc OD 0 ON r r i I 000000 O Ln O A-) 0 0 0 0 0 0 O r O p 000000 O IT O 1� M 4) N to S4 U U) cn +n H o azow C7 H U °as w z OS w U) : a w w a w z z V) p z�C O z< cn w X w z d a m a z a w o WOFFtzw a a a C�. u z7 FCC, W O O OaE�jE+MO E E El U) E H 1 CG FC a 0 0 W a w o o U U O O a U E w �+ 16J1 rl rl r-1 N � N CD O rn M O o m rn m m . . 0 0 n D 0 0 0 0 M O I'D l0 m Ol 61 D� .. .. m oo m m m m M M M M M M b a! 1 LnU-)LO LnLn ui C O. 7N 000000 W❑ 0 0 0 0 0 0 16J1 V � 12tol oft"" E o L � V � 0 U a E m U U- O L N O U "0 O a) O N � M 16J1 Cedar Hammock Community Development District Series 1999 Capital Improvement Revenue Bonds (524,315,000) For the Month Ended July 31, 2000 Deposit to Construction Account Deposit to Cost of Issuance Deposit to Interest Account Deposit to Reserve Account Underwriter's Discount Interest Income Total Deposit of Capitalized Interest Deposit to Reserve Account Underwriter's Discount Original issue Discount Underwriter - Prager, McCarthy & Sealy Bond Counsel- Nabors, Giblin, Nickerson Financial Advisor- Fishkind & Associates District Counsel- Young, vanAssenderp Trust Counsel - Holland & Knight Trustee Fee - First Union National Bank District Manager - Severn Trent Environ Bond Printing - Bowne of Atlanta, Inc. 16J1 $2,513,176.54 Actual Variance Budget Year to Date (Fay.) - Unfay. $18,803,033.61 $18,803,033.61 $0.00 $125,000.00 $125,000.00 $0.00 $2,513,176.54 $2,513,176.54 $0.00 $2,431,500.00 $2,431,500.00 $0.00 $364,725.00 $364,725.00 $0.00 $124,867.66 $148,223.29 ($23,355.63) $24,362,302.81 $24,385,658.44 ($23,355.63) $8,103.75 Actual Variance Budget Year to Date Fay. - (Unfay.) $2,513,176.54 $2,513,176.54 $0.00 $2,431,500.00 $2,431,500.00 $0.00 $287,160.15 $287,160.15 $0.00 $77,564.85 $77,564.85 $0.00 $5,000.00 $5,000.00 $0.00 $42,951.75 $42,951.75 $0.00 $13,666.37 $13,666.37 $0.00 $25,000.00 $25,000.00 $0.00 $5,250.00 $5,250.00 $0.00 $8,103.75 $8,103.75 $0.00 $15,000.00 $15,000.00 $0.00 $5,130.00 $5,130.00 $0.00 Total costs of Issuance: $5,429,503.41 $5,429,503.41 $0.00 Cedar Hammock 16J1 Community Development District Series 1999 Capital Improvement Revenue Bonds ($24,315,000) Total Costs Acquisition Agreement #1 $18,801,000.00 Actual variance use of Funds- (continued) Construction Costs Budget Year to Date Fay. - (Unfay.) Air uisition Agreement #1 Roadway $1,284,000.00 $657,398.56 $626,601.44 Water & Sewer $1,300,000.00 $1,108,544.00 $191,456.00 Earthwork $7,037,000.00 $7,133,530.44 ($96,530.44) Water Management $980,000.00 $1,108,550.66 ($128,550.66) Landscaping & Irrigation $3,115,000.00 $987,242.00 $2,127,758.00 Security $320,000.00 $0.00 $320,000.00 Electric Service & Lighting $215,000.00 $362,936.00 ($147,936.00) Wetland Mitigation $2,810,000.00 $1,601,209.00 $1,208,791.00 Professional Fees $1,167,000.00 $912,743.25 $254,256.75 Miscellaneous $275,000.00 $149,183.00 $125,817.00 Contingencies $298,000.00 $0.00 $298,000.00 Total Costs Acquisition Agreement #1 $18,801,000.00 $14,021,336.91 $4,779,663.09 Future Projects $131,799.40 $0.00 $131,799.40 Total Construction Costs $18,932,799.40 $14,021,336.91 $4,911,462.49 Total Expenditures $24,362,302.81 $19,450,840.32 $4,911,462.49 Funds Remaining $4,934,818.12 Construction Account at 7/31/00 Cost of Issuance Account at 7/31/00 Total Funds Available $4,929,674.88 $ 5.143.24 8.12 I I I I I I I I I I I I W I N I �4 I u I ro I ,~ I iT 1 �rl I U I I 'b I N I N I S4 O ' I 4J � I < I 16J1 " I I I I I I i l 1 1 1 1 1 1 1 1 1 1 1 1 1 1 G I I I 1 1 1 1 N I 1 1 1 1 1 1 O u) 1 1 1 1 1 1 1 I I I I I I I O M O I 1 1 1 1 1 1 \ •• U I I I I I I I H z z O H M I I I 1 I I I H W E H O '--I I I I I I I I rn .. .. .. 4J OD M C• M M M O N G ri V H 0 m N O �n xaGrxa, t3, 4j 0 oCo rro n r x a W Q F N •-i O Sro Q O H -J c M N z I I I I I I I I I I I I W I N I �4 I u I ro I ,~ I iT 1 �rl I U I I 'b I N I N I S4 O ' I 4J � I < I 16J1 " I fY, H w W W ul I Ul H W w Q O O \ ro a Q o H z z O z a zwxUn H W E El z >�z E O xaGrxa, ca 114 v� HawD x a w zHz Sro Q O H z w w> CD z H\ m O o a a z z a Lr1 N O U a 0 Haze W \ \ \ \ W m o cn > 0x I w9z 4 F 0 E U' o W W W 0 zwww000 x x x O\ W O Q a4 rccEa4 14 0 0 Q � .Q, O u') Ln W U] H t-I W W O U W o o U) H ro m I 10 X 0 H u 2.OZ F4 FC QtD H > K4 E U H in Ln In Ln Ln Ln Ln w P U W I U I I I I I I I I I I I I W I N I �4 I u I ro I ,~ I iT 1 �rl I U I I 'b I N I N I S4 O ' I 4J � I < I 16J1 " I fY, H w W W ul I Ul H W w Q O O a Q r�E.4P� H z z O zwxUn W X KC H z >�z OOaW xaGrxa, v� HawD 3 >Qcn w zHz z w w> U7 u] E z a z z 0 Haze U o cn > 0x I w9z 4 awwo a C14 Q Q> �:) zwww000 x Q E rl M t-I O IJ O ro z u Q, Q ro r Ln lO W C Ol M H in Ln In Ln Ln Ln Ln U I I I I I I I I I I I I W I N I �4 I u I ro I ,~ I iT 1 �rl I U I I 'b I N I N I S4 O ' I 4J � I < I 16J1 " I O (A CD M ro O H C ro f-I C7 m a u a a� ro t~ aT .O N N 14 O 16J1 I I I I I I I I I I I JJ I I I I g l l l l N I I I I O M I I I I O O I I I I \ •• U I I I I c N I I I I \ 1 I I I r (D H I I I I I .. •. •• JJ W O) dW M CP 41 ro ro r M V r W ❑ E+ N J-) N z z i-+ H a U W \ x w U r� H O E aOOm W O \ O \ M R+ 04 in N\ \ \ O U) W q O W H U CD W W W W C-4 C/) U) x x o\ w U r v� -fimH O O q LL ru rn M W -rl O Ln u-I Cn ul j >4 m m a x N U OI OI �D H H aQ E+lOO tM0 U ❑ Odwd W W z N N p U H U) H ❑ E z I W I � W O CG rn a 3 � W H z � U a z q H H q FC fZ U q a4 o awwa a�Wg w0 w zrU x rz a Q � ro U a U N G' d' t` L1 O 41 O ro z >4 (1) F o. 1 O ro M 1-4 N O �ID kv �.o 110 U O (A CD M ro O H C ro f-I C7 m a u a a� ro t~ aT .O N N 14 O 16J1 oLn O H r m \ O r r ,—I o m r ro ro a ❑F ❑ ❑ It E, U I i co O O � x H FC a: a F U ❑ W U ❑ U x U O x a ❑ w � III c? 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COUNCII_ COMMULSION. AUTHORITY. OR COMMITTEE MnILING n 1)RGSS THE HOARD. COUNCIL_ COMMISSION. AUTHORITY OR C MMITrEE ON WHICH 1 SERVE I% A UNIT OF: LLZjW' 1-t QAtg__-'r' ha, A. O C1Il' Q COUNTY t3' OT}tER LOCAL. AGENCY CITY •� _ COUNTY r- NAME OF SUBDIVISION: 1. —Q ` \dam (-4 am DATE VOTE ON WHICH occu REU MY POSITION lS: mrELEcnvE o APPOINTIVE WHO MUST FILE FORM 86 16 J 1 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory.and non - advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statuces. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOI1N'TED OFFICERS: A person holding appointive councy, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. • A copy of the form should be provided immediately to the other members of the agency. • The form should be read publicly at the meeting prior to consideration Of the matter in which you have a conflict of interest. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You should disclose orally the nature of your conflict in the measure before participating. • You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF LOCAL OFFICER'S INTEREST ,- °~ # V -1. hereby disclose that on continuing conflict 19 (a) A Treasure came or will come before my agency which (check one) inured to my special private gain; or inured to the special gain of Developer , by whom I am retained. (b) The measure before my agency and the nature of my interest in the measure is as follows: Construction of infrastructure improvements by District, see Commission on Ethics Opinion 87 -66 Z / dC) Date Filed Sianat re NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1980, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND h1AY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY,, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS 1 All' NAhll: FIRS \Ahtl h1 1)I.li NAME NAMVF HOARD. CUt)NCII, PMM1.�JI0K.AUl'HURnY.OR C'OMMIlI'EE /y i on Linl1.1NG AI) I)RGtiS CIT ' DATE ON WHICH VOTE OCCURRED THE HOARD. COUNCIL COMMISSION. AUTHORITY OR COMMITTEE ON WHICH 1 SERVE IS A UNIT OP. r__ 55 0 CITY O COUNTY X OTHER LOCALAGENCY COUNTY NAM 0 POLITT CAL SU DIVISION: MY POSITION IS: O ELECTIVE 39 APPOINTIVE WHO MUST FILE FORM 8B 16J1 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committe` It applies equally to members of advisory and non- advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You should complete and file this form (before making any attempt to influence the decision) wjlf��e peersson sponsible" for recording the minutes of the meeting, �vho will incorporate the form in the minutes. Jff PAY 6 2 • A copy of the form should be provided immediately to the other members of the agency. MINUTES OFFICE • The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. 16J1 IF YOU MAKE NO ATTEMPT TO.INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You should disclose orally the nature of your conflict in the measure before participating. • You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF LOCAL OFFICER'S INTEREST hereby disclose that on cont inuing conflict (a) A measure came or will come before my agency which (check one) inured to my special private gain; or inured to the special gain of Developer _ by whom I am retained. (b) The measure before my agency and the nature of my interest in the measure is as follows: Date Filed Construction of infrastructure improvements by District, see Commission on Ethics Opinion 87 -66 ienature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT. RFMnva t no ci moonrcinri oon\.r - FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS I All' INAAI I: Ilk \1 \AAtF A 1)I )I.I: NAMI n I _I VU K NAME OF l3^UA_RD.( t1NCIl- C'UMMIti1{OK�, ,AnUIH�URIIY, OR C'OM MiII'EE �36 ��L! MAILING AL DRMS\ I �•1/ THE HOARD, COUNCIL COMMISSION. AUTHORITY OR COMMITTEE ON WHICH 1 SERVE 1S A UNITOF: 0 CITY O COUNTY OTHER LOCAL. AGENCY L CITY COUNTY fs 1 33�� NAME OF POLITICAL SUfi IVISIOI�, n m �, � f!/ nAl E ON WHICH VOTE OCCURRED MY POSITION IS: O ELECTIVE 0 APPOINTIVE I'✓ MCA.) cy &bNtQ, WHO MUST FILE FORM 8B i This form is for use by an y person serving at the c unt �, city, or other local level of government of a elected board, council, commission, authority, or committee. It applies equally to members of advisory and non- advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with a measure in whir# you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. ECEI 'E1) `MAY 1 6 200 • A copy of the form should be provided immediately to the other members of the agency. �I UTES OF IC • The form should be read publicly at the meeting prior to consideration of the matter in which you�ave a conflict of interest. IF YOU MADE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You should disclose orally the nature of your conflict in the measure before participating. • You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF LOCAL OFFICER'S INTEREST hereby disclose that on continuing conflict_: , 1 (a) A measure came or will come before my agency which (check one) r inured to my special private gain; or er inured to the special gain of Developer , by whom I am - reta _ . . ined. (b) The measure before my agency and the nature of my interest in the measure is as follows: Construction of infrastructure improvements by District, see Commission on Ethics Opinion 87 -66 Date Filed Sienature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES X113.317 (1985), A FAILURE TO ,MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN MEMORANDUM TO: Sue Filson, Administrative Assistant Board of County Commissioners n�( FROM: Derek Johnssen, General Accounting Manager �1�1 Clerk of the Circuit Court/Finance Department DATE: February 15, 2001 RE: Miscellaneous Correspondence - BCC Agenda Misc. Correspondence Agenda Date Agenda Item # Ni J,I�p 2601 MAR 1 2001 Board of County Zommissioners Board of County Commissioners Please place the following items on the next available BCC agenda and call me at extension 8350 with the date and Miscellaneous Correspondence agenda item number. Fiddler's Creek Community Development District 1. Pursuant to Florida Statutes Chapters 189 and 190, Fiddler's Creek Community Development District, has submitted the following: (a) Minutes for the October 25, November 7, & December 6, 2000 Meetings (b) Financial Statements Unaudited - 10/31/00 Thank you !(al' a, i UTIA I lspeciahspecial Fiddler's Creek Community Development District 10300 N.W. 11th Manor • Coral Springs, Florida 33071 • Telephone: (954) 753 -0380 • Fax: (954) 755 -6701 Date: January 29, 2001 Memorandum To: Clerk of the Circuit Court Finance Dept. c/o Derrick Johnssen 2671 Airport Rd., Court Plaza III P.O. Box 413016 Naples, Florida 34112 -3016 Mr. Robert Fernandez Collier County Manager Governmental Center 3301 East Tamiami Trail Administrative Bldg, Second Floor Naples, Florida 34112 Anthony Pires, Esq. Woodward, Pires & Lombardo 801 Laurel Oak Drive, Suite 710 Naples, Florida 34108 Russ Baker CPA Schultz, Chaipel & Company 12660 World Plaza Lane, Unit 73 Fort Myers, Florida 33907 Reference: Minutes of Meeting held December 6, 2000 From: Gary L. Moyer Manager 16J1 Enclosed for your records is a copy of the minutes of a meeting held by the Board of Supervisors of Fiddler's Creek Community Development District as referenced above. GLM /sf R ' ' E_: JAN 3 1?Jt11 RECEIVED JAN 3 1 2001 iNAN MINUTES OF MEETING 161j FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT The regular meeting of the Board of Supervisors of Fiddler's Creek Community Development District was held on Wednesday, December 6, 2000 at 10:00 A.M. at the Club and Spa at Fiddler's Creek, 3470 Club Center Boulevard, Naples, Florida. Present and constituting a quorum were: Grady Minor Paul Riegelhaupt Arthur Woodward Clifford Olson Larry Mullins Also present were: Jim Gillam Chuck Adams Tony Pires Terry Cole Mark Strain FIRST ORDER OF BUSINESS Chairman Vice Chairman Assistant Secretary Assistant Secretary Assistant Secretary District Staff District Staff Attorney Engineer Gulf Bay Properties Roll Call Mr. Minor called the meeting to order and stated the record will reflect that all Supervisors are present at roll call. SECOND ORDER OF BUSINESS Organizational Matters A . Oath of Office for Newly Elected Supervisors Mr. Adams being a Notary Public of the State of Florida, administered the Oath of Office to the Supervisors, a copy of the signed oath is attached hereto and made part of the public record. Mr. Riegelhaupt stated my name is misspelled please correct it. Mr. Adams stated we will make the change for you. B. Consideration of Resolution 2001 -1 Canvassing and Certifying the Results of the Landowners Election Mr. Gillam stated in your agenda packet is a copy of Resolution 2001 -1. There was an election held on November 7, 2000 and at the election Mr. Woodward and Mr. Riegelhaupt each received 500 votes. Mr. Mullins received 450 votes. The December 6, 2000 Fiddler's Creek C.D.D. four year terms will go to Mr. Woodward and Mr. Riegelhaupt. The two year term will go to Mr. Mullins. This resolution is in order and recommended for your consideration. On MOTION by Mr. Olson seconded by Mr. Riegelhaupt with all in favor Resolution 2001 -1 Canvassing and Certifying the Results of the Landowners Election was adopted. C. Election of Officers Mr. Minor stated a couple of years ago we talked about passing the Chairman's position around and it is supposed to go to Mr. Riegelhaupt this year. Is that correct? Mr. Woodward responded that is correct. Mr. Gillam stated I recommend that a motion be made nominating Mr. Riegelhaupt for Chairman. On MOTION by Mr. Woodward seconded by Mr. Olson with all in favor Mr. Riegelhaupt was appointed Chairman. On MOTION by Mr. Minor seconded by Mr. Mullins with all in favor Mr. Olson was appointed Vice Chairman. Mr. Gillam stated I recommend that a motion be made nominating the other Supervisors as Assistant Secretaries and Mr. Ward as Secretary and Treasurer. The Secretary is the person who is responsible for the minutes and files. The Treasurer is the person who is responsible for the financial matters. On MOTION by Mr. Minor seconded by Mr. Olson with all in favor Mr. Minor, Mr. Woodward and Mr. Mullins were appointed Assistant Secretaries. Mr. Ward was appointed Secretary and Treasurer. THIRD ORDER OF BUSINESS Approval of Minutes of the October 25, 2000 Meeting Mr. Minor stated that each Board member had received a copy of the minutes of the October 25, 2000 meeting and requested any additions, corrections or deletions. On MOTION by Mr. Woodward seconded by Mr. Olson with all in favor the minutes of the October 25, 2000 meeting were approved. December 6, 2000 I Q�11 IJ : Y. 1 k 4 1 DID 1 iF11ZID�`�� � � Fiddler's Creek C.D.D. 16J1 ' Consideration of Second Year Renewal of Lake Maintenance Contract Mr. Minor stated we have a memorandum from Mr. Adams stating that Aquagenix Inc. has been doing a satisfactory job and we have $45,000 budgeted. Their contract is for less then $35,000. Are you still happy with them? Mr. Adams responded I am still happy with their service and I will be adding to this contract some change orders in the next 30 to 60 days for some additional lakes. At this time it is in order for your consideration for a second year as provided for in your contract. Mr. Minor stated those are the lakes that Mr. Cole told us about at the last meeting. We went from 90 acres to 108, is that correct? Mr. Adams responded there are some additional lakes on the new golf course and we will bring that to you in future Board meetings. On MOTION by Mr. Mullins seconded by Mr. Woodward with all in favor the Contract with Aquagenix Inc., for Lake Maintenance has been renewed for a Second Year. FIFTH ORDER OF BUSINESS Consideration of Resolution 2001 -2 Rescinding Previously Adopted Investment Policy and Adopting Alternative Investment Guidelines Mr. Minor stated I think this comes from discussions between Mr. Ward and Mr. Riegelhaupt. Mr. Gillam stated in 1996 the State of Florida developed a Statute that would give control and direction for investments by municipalities. Prior to that, and I think most of you remember the situation that occurred, municipalities were investing in fairly sophisticated investment molds such as derivatives and from that many municipalities lost millions. The State of Florida developed a Statute that requires each municipality to develop an investment policy. There are two ways to do it; one is an expensive way that has about 16 points that you have to go through in putting together a written policy and having experts in place to monitor and control the policy. The other is to follow Section 218.415(17) of the Statute which gives you the four vehicles listed in the resolution. I request you to make one change to the resolution and delete A, B, C, D and just say in accordance with Section 218.415(17), which means that in the future if the state allows any other type of investment vehicles we do not have to come back to the Board with another resolution. Those vehicles could be used. This is my 3 December 6, 2000 16J1 Fiddler's Creek C.D.D. recommendation or it can be left as it is in the resolution. Are there any questions? Mr. Minor asked the four vehicles listed A, B, C, D are what we are going to limit ourselves to invest in, is that correct? Mr. Gillam responded that is correct only I am asking that we change it and instead of adding the A, B, C, D say it just as it states above in accordance with Section 218.415(17). If it is in accordance with the Statute and the Statute allows any other type of investment vehicles then we do not have to come back and change the resolution. Mr. Pires stated the four categories listed in the resolution are the same one's listed in Section 218.415(17). I think what the manager's office is indicating is to the extent the legislature allows bigger flexibility by amending Section 218.415(17) in the future, the District would have that flexibility. These four are exactly the same as in Section 218.415(17). Mr. Minor asked are they the only four now? They sound safe to me. Mr. Pires responded they can add, delete or modify anything and that would become part of the District's policy. Mr. Woodward stated I think the legislature will be looking more closely at this than we would. Mr. Pires stated I think it is in order and appropriate because as I recall when the legislature adopted this there were numerous hearings to determine what were appropriate vehicles and instruments for the local government. This is why they adopted the legislative enactment. Mr. Riegelhaupt stated it also reflects the Board's comment at the earlier meeting when I asked why don't we go directly to the United States Treasury bills. I would like to ask a couple of minor questions. It says we previously adopted a written investment policy and I have no memory of it. Mr. Pires stated my recollection is there was a similar resolution immediately after the adoption of the legislative enactment. Mr. Olson stated if it is not broken why fix it but I will go along with the group. Mr. Riegelhaupt stated what Mr. Gillam referred to is that this public law has two sections, one if you want to do a very detailed setup you can continue the way we were doing it. If you do not want a detailed written policy, written up by this Board then the only way you can go is this way. I would like to see a report perhaps twice a year in accordance with this public law, showing where our 4 16J1December 6, 2000 1 4 Fiddler's Creek C.D.D. money is. We are talking about $19 million this is not peanuts, where it is, how much does it earn, were there any fees that were paid to acquire these investments and just a short general report twice a year. I do not think this is unreasonable. Mr. Gillam stated that is fine I will try to provide that to you by the next meeting. Mr. Minor asked is this part of the resolution? Mr. Pires responded no. On MOTION by Mr. Woodward seconded by Mr. Riegelhaupt with all in favor Resolution 2001 -2, Repealing Previously Adopted Investment Guidelines, as amended was adopted. SIXTH ORDER OF BUSINESS Staff Reports A. Attorney There not being any, the next item followed. B. Engineer Mr. Cole stated the contractors still have a little bit of excavation work to complete with some of the lakes next to the golf course. We talked last month about areas that we added and the contractor is in the process of completing those lakes also. On the northern part of the project he is putting infrastructure for approximately 3,500 feet of road, north of Championship Drive. The rest is routine items. Mr. Minor asked what percentage have you completed on the $13 million that we are working on now. Are you close to 100 %? Mr. Cole responded I was looking at the very last page of the report. It shows the total construction cost is $13.6 million and the amount that has been paid is $8.7 million. That is probably about 60 %. Mr. Minor asked are we still looking at the $13.5 million? Mr. Cole responded yes. Mr. Minor asked where are we with time? I'm just wondering when the next bond issue will be. Mr. Strain responded we are looking at another bond issue in the middle of 2001. Mr. Minor stated about the time you will finish this. 61 December 6, 2000 '� �, * Fiddler's Creek C.D.D. Mr. Strain stated we will be overlapping with final approval, stuff like that but the bulk of the road work will be done in about 90 days. Mr. Minor asked are we about 100% in construction on the first bond issued? Mr. Strain responded no there is still a little bit left out that is being held back to finish up the second lift of asphalt. We do not want to put that down too early because then construction traffic can tear it out. We want a clean look. Mr. Minor stated the entrance is looking good. 16J1 C. Manager - Financial Statements and Claims Report Mr. Gillam stated I have the financial statements and claims report. Mr. Minor stated we are still calling the security, officers and director services. We talked about changing that to the word security. Did you say we would do it in 2001? Mr. Adams responded yes. Mr. Minor asked what is irrigation revenue, what is that from? Do we sell water to somebody? Mr. Adams responded we have some miscellaneous revenue coming in from our multi family parcels. Mr. Minor stated so we provide it to the master meter. Mr. Adams stated it is a flat fee per unit. Mr. Mullins stated I am wondering if security is the right word. We really are not offering security, what we are offering is control of access. The word security would infer that we are offering more than what we actually are and it could be a liability. Mr. Minor stated that is a good point and that is why he has called it Access Control Services for next year's budget and then he has it listed under other contractual. That is fine with me now that I know what it is. Is this term okay with you? Mr. Adams responded Access Control Services seems to work well. Mr. Minor asked is there any more discussion? Are we doing the claims docket too? Mr. Gillam responded the claims report needs to have a motion. Mr. Strain asked is item number 38 Action Automatic Door Co. for 50 transmitters on the claims report correct? There have been several bills put through from them and I put one of them on hold. I am not sure if it is that one or AN December 6, 2000 Fiddler's Creek C.D.D. not. If I did put a hold on it and it somehow got paid, I will look into it and let you know next month. I found out their price was wrong and our offices confirmed it. We need to have that straightened out. It may be a different bill than the one shown here. Further down is Collier Tire for a "99 Dodge truck tires." Do we have a truck? Mr. Adams responded no we do not. Mr. Strain stated somehow that was probably meant for the car. Mr. Minor asked do we have a car? Mr. Strain responded yes. 16J1 Mr. Adams stated Collier Tire is whom we use for tires. Mr. Strain stated you may want to check it because we have some Dodge trucks in the development. I want to get it correct. Mr. Adams stated I will check into it. We did have a credit memo from Action Automatic Door Co. offsetting the prior memo along with the corrected invoice. Mr. Strain stated that is what I was looking for because I still have it on my desk as active. Mr. Adams stated I received the credit memo because apparently it went to someone else. Mr. Minor asked are we holding Action Automatic Door Co.? Mr. Adams responded no I have a credit memo to offset the bad billing. What you have is an actual bill. Mr. Minor asked do you want us to leave the truck tires? Mr. Adams responded I will look into it and if it is appropriate to remove than we will. Mr. Minor asked do we leave them on for today's motion? Mr. Adams responded your motion should be contingent to staff looking into that and making the correction. Mr. Woodward asked you were talking about fountain repairs and I noticed that in one of the lakes the fountain seemed to have disappeared. Mr. Strain stated a couple of months ago the north fountains disappeared because they were in for repair and when they came back and installed and turned all the fountains back on, they found out the south fountains needed to be repaired. Mr. Woodward asked are they going to go back in? Mr. Strain responded yes. rA December 6, 2000 16J1 On MOTION by Mr. Mullins seconded by Mr. Olson with all in favor the Claims Docket Report was approved subject to staff looking into Collier Tires claim number 1788. SEVENTH ORDER OF BUSINESS Supervisor's Requests and Audience Comments Mr. Gillam stated since this is December 6, 2000 and the next regular meeting is scheduled for December 27, 2000. I recommend that the Board cancel the meeting and we meet again in January. Mr. Mullins stated in the last several months I missed three months and I guess there have been some conflicts, I do not think that it is fair to the Board. I want to say how much I have enjoyed being here and how much admiration I have for the Board and for everyone involved. Mr. Minor stated thank you. This is a letter to Fiddler Creek Community Development informing us of Mr. Mullins decision to resign as a member of the Board of Trustees effective after the meeting on December 6, 2000. His current responsibilities require that he give his full attention to his work at Estuary at Grey Oaks project. He has thoroughly enjoyed working on the Board with these wonderful members for whom I have had and retain the utmost respect. Is there anything that we need to do Mr. Pires? Mr. Pires responded yes you have to accept it and at the next Board meeting the Board under the Statute has to appoint a replacement. Mr. Woodward asked should we recommend somebody who we think would be good in the interim period. Mr. Gillam responded yes we will put it on the agenda item next month. EIGHTH ORDER OF BUSINESS Adjournment On MOTION by Mr. Woodward seconded by Mr. Mullins with all in favor the meeting was adjourned at 10:30. Grady Minor Assistant Secretary d o Paul Riegelhaupt Chairman 16J1 ' AGENDA FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT 7411 q-, Wednesday Club & Spa at Fiddler's Creek December 6, 2000 3470 Club Center Boulevard 10:00 A.M. Naples, Florida 1. Roll Call 2. Organizational Matters A. Oath of Office for Newly Elected Supervisors B. Consideration of Resolution 2001 -1 Canvassing and Certifying the Results of the Landowners Election C. Election of Officers 3. Approval of the Minutes of the October 25, 2000 Meeting 4. Consideration of Second Year Renewal of Lake Maintenance Contract 5. Consideration of Resolution 2001 -2 Rescinding Previously Adopted Investment Policy and Adopting Alternative Investment Guidelines 6. Staff Reports A. Attorney B. Engineer C. Manager - Financial Statements and Claims Report 7. Supervisor's Requests and Audience Comments 8. Adj ournment oath of office 16JI I, Paul Reigelhaupt, a resident of the State of Florida and citizen of the United States of America, and being a Supervisor of the Fiddler's Creek Community Development District and a recipient of public funds on behalf of the District, do hereby solemnly swear or affirm that I will support the Constitution of the United States and of the State of Florida, and will faithfully, honestly and impartially discharge the duties devolving upon me in the office of Supervisor of the Fiddler's Creek Community Development District, Collier County, Florida. Paul Reigelhaupt s 12 6 . F Date Sworn to (or affirmed) before me this 6th day of December, 2000 by Paul Reigelhaupt whose signature appears hereinabove. ( I,- (,DD. L 7, k� � 4 " - Notary Publi State of Florida CHESLEY E. APANIS, A. Notary Public, S ate o.f ftolda My comm. t xp� A ly 18, a103 Print My Commission expires Personally known _ or produced identification Type of identificati Oath of Office 16J 1 t _ I, Larry Mullings, a resident of the State of Florida and citizen of the United States of America, and being a Supervisor of the Fiddler's Creek Community Development District and a recipient of public funds on behalf of the District, do hereby solemnly swear or affirm that I will support the Constitution of the United States and of the State of Florida, and will faithfully, honestly and impartially discharge the duties devolving upon me in the office of Supervisor of the Fiddler's Creek Community Development District, Collier County, Florida. t2 -- (o — o6 Date Sworn to (or affirmed) before me this 6th day of December, 2000 by Larry Mullings whose signature appears hereinabove. o ry Pulllic State of Florida CHESLEY E. ADAMS, JR. Notary Public, USIate of Florida MY comili. coo. July 13, 2003 Print 14jf 4e1 CC855817 My Commission expires Personally known or produced identification Type of identification Oath of Office 1611 I, Arthur Woodward, a resident of the State of Florida and citizen of the United States of America, and being a Supervisor of the Fiddler's Creek Community Development District and a recipient of public funds on behalf of the District, do hereby solemnly swear or affirm that I will support the Constitution of the United States and of the State of Florida, and will faithfully, honestly and impartially discharge the duties devolving upon me in the office of Supervisor of the fiddler's Creek Community Development District, Collier County, Florida. Date Sworn to (or affirmed) before me this 6th day of December, 2000 by Arthur Woodward whose signature appears hereinabove. s Notary Public State of Florida C.NESi..EY E. !!DAMS, JR. lotarg�fic, 4f,3 ?e of Florida M,y corm. exp. J,,j!y 1 . 20p3 Prinfq *hli&' . C °Ca855817 My Commission expires Personally known or produced identification Type of identification 08/28/2000 09:32 19415929021 DISTRICT FIELD OFFIC PAGE 02 16J1 MOYER & ASSOCIATES MEMORANDUM TO: BOARD OF SUPERVISORS - FIDDLER'S CREEK FROM: CI-IESLEY E. ADAMS JR-- DIRECTOR OF OPERATIONS SUBJECT: CONSIDERATION OF SECOND YEAR RENEWAL OF LAKE MAWI-ENANCE CONIRAC -r DATE! 8/28/00 CC: File In October 1999, the District awarded it's lake maintenance contract to Aquagenix Inc.. The contract was for one year with an optional one year renewal. The initial year expires on October 1, 2000. The District has received satisfactory service from Aqua&er x over the past year and is recommending the award of the optional second year contract in the amount of $34,819.00. The District has budgeted $45,000 for this service for Fiscal Year 2001. If you should have any questions or require additional information please contact me at (941) 592 -5181. RFPLY TO! O 210 N. University Drive O 10300 N.W. 1101 Manor C 985 Pelican Marsh Blvd. n 17595 S. Tamiaml Trail Suite 301 Coral Springs, FL 33071 Naples, FL 34108 Suite 203 Coral Springs, FL 33071 Phone: (954) 753-0380 Phonc: (94I) 592 -5181 Ft. Myers, FL 33908 Phone- (954) 753 -5841 Fax: (954) 755 -6701 Fax! (941) 592 -9021 Phone! (941) 437 -7805 gp, yFax: (95p4g�)y 345 -12x92 Fax: (944y1�i) 437-7804 Working pCS?H'��..i��9BIFt+�i'�$�IIuc6® Ito' �q: �.^ ��Mi' fHN��Y% f:^# lI�kM7�iA�. �4 ����'.' TpF����M' F& 15�:' R7���' PY' 1. Np8" 6vG' MY�><" Yp9tyN�tl��i�ii�A' P, �7i` MpC� >��"RkS:'I'P.k2AR�3AAi'PM3i �''� Working together to serve our communities AUG 2e 2000 10:29 19415929021 PAGE.02 Resolution 2001 -2 1611 Resolution of the Board of Supervisors of the Fiddlers Creek Community Development District, Repealing Previously Adopted Written Investment Policy, Adopting the Alternative Investment Guidelines for Investing Public Funds in Excess of Amounts Needed to Meet Current Operating Expenses, in Accordance with Section 218.415(17), Florida Statutes WHEREAS, the Board of Supervisors, hereinafter referred to as the 'Board" of the Fiddlers Creek Community Development District, hereinafter referred to as "District ", previously adopted a written investment policy in accordance with Section 218.415, Florida Statutes, and WHEREAS, the Board desires to repeal the written investment policy and to adopt the alternative investment guidelines for the investment of public funds in excess of amounts needed to meet current operating expenses, in accordance with Section 218.415, Florida Statutes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE FIDDLERS CREEK COMMUNITY DEVELOPMENT DISTRICT THE FOLLOWING: 1. The previously adopted written investment policy of the District is hereby repealed. 2. The District hereby adopts the alternative investment guidelines for the investment of public funds in excess of the amounts needed to meet current operating expenses, in accordance with Section 218.415(17), Florida Statues. The District may invest in the following instruments and may divest itself of investments, at prevailing prices or rates: 16J1 3;�. This Resolution shall become effective this 6th day of December, 2000 and be reflected in the Fiscal Year End 9/30/00 Financial Statements and Audit Report of the District. r Paul Riegelhaupt Chairman /Az�o /�' "d J es P. Ward ecretary RESOLUTION 2001 -1 16J1 � A RESOLUTION CANVASSING AND CERTIFYING THE RESULTS OF THE LANDOWNERS ELECTION OF SUPERVISORS HELD PURSUANT TO SECTION 190.006(2), FLORIDA STATUTES WHEREAS, pursuant to Section 190.006(2), Florida Statute, a landowners meeting is required to be held on the first Tuesday in November every two years following the creation or re- establishment of a Community Development District for the purpose of electing three (3) of the five (5) Supervisors of the District; and WHEREAS, following proper publication of notice thereof, such landowners meeting was held November 7, 2000 at which the below recited persons were duly elected by virtue of the votes cast in their respective favor; and WHEREAS, the landowners by means of this Resolution desires to canvas the votes and declare and certify the results of said election; NOW, THEREFORE, BE IT RESOLVED BY THE LANDOWNERS AND BOARD OF SUPERVISORS OF THE FIDDLER'S COMMUNITY DEVELOPMENT DISTRICT; 1. The following persons are found, certified, and declared to have been duly elected as Supervisors of and for the District, having been elected by the votes cast in their favor as shown, to wit: Arthur Woodward 500 votes Paul Riegelhaupt 500 votes Larry Mullins 450 votes 2. In accordance with said statute, and by virtue of the number of votes cast for the respective Supervisors, they are declared to have been elected for the following terms of office: Arthur Woodward Paul Riegelhaup four (4) year term four (4) year term Larry Mullins two (2) year term 16J1'- 3. Said terms of office shall commence immediately upon the adoption of this Resolution. PASSED AND ADOPTED THIS, 6TH DAY OF DECEMBER, 2000. l,'.. -z , , -. 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O W w 4 O V E b 'v C 0 V L N C 0 Al 0 'U N = r- 'G M � o V 16J I Fiddler's Creek Community Development District Series 1996 Special Assessment Bonds For the Month Ended October 31, 2000 Source of Funds Deposit to Construction Account Deposit to Cost of Issuance Account Deposit to Capitalized Interest Account Deposit to Debt Service Reserve Account Costs of Issuance & Underwriters' Discount Interest from Cost of Issuance Account Interest from Construction Account (includes accrued interest) total sources Use of Funds Costs of Issuance Bond Counsel- White & Case District Counsel- Woodward, Pires et al Trustee Counsel- Nabors, Giblin & Nickerson Financial Consultant- Fishkind & Associates Costs of Issuance & Underwriters' Discount District Manager- Moyer & Associates Deposit to Capitalized Interest Account Deposit to Reserve Account Document Printing- Allied Printing 16J1 Construction Year to Projects Date Amounts Overall Paid /Rec'd by Variance Budget Bond Funds (Fay.) - Unfay. $15,100,000.00 $15,100,000.00 $0.00 $151,894.10 $151,894.10 $0.00 $2,701,580.90 $2,701,580.90 $0.00 $1,953,375.00 $1,953,375.00 $0.00 $303,150.00 $303,150.00 $0.00 $988.04 $988.04 $0.00 $647,692.17 $647,692.17 $0.00 $20,858,680.21 $20,858,680.21 $0.00 Construction Year to Projects Date Amounts Overall Paid /Rec'd by Variance Budget Bond Funds Fay. - (Unfay.) $101,966.60 $101,966.60 $0.00 $18,032.54 $18,032.54 $0.00 $5,000.00 $5,000.00 $0.00 $26,541.98 $26,541.98 $0.00 $345,254.17 $345,254.17 $0.00 $10,000.00 $10,000.00 $0.00 $2,701,580.90 $2,701,580.90 $0.00 $1,953,375.00 $1,953,375.00 $0.00 $1,676.00 $1,676.00 $0.00 total costs of issuance $5,163,427.19 $5,163,427.19 $0.00 Fiddler's Creek Community Development District Series 1996 Special Assessment Bonds Construction Costs Transferred Improvements Roadway Utilities - Water /Sewer /Irrigation Earthwork & Clearing Stormwater Management Roadway Lighting Landscaping Recreation, Parks & Security Offsite Improvements total transferred improvements Soft Costs Hole, Montes & Associates George Botner ASLA White & Case - (work for refunding 1996 bonds) 951 Land Holdings JV - Management Fee Law Engineering - Geotechnical total soft costs Phase IA Soft Costs Roadways Water Mains Sewer Mains Irrigation Mains Drainage Excavation Security Landscape Signage Guymann Construction 16J1 Construction Year to Projects Date Amounts Overall Paid /Rec'd by Variance Budget Bond Funds Fay. - (Unfay.) $163,019.67 $163,019.67 $0.00 $439,353.51 $439,353.51 $0.00 $2,519,567.53 $2,519,567.53 $0.00 $229,760.71 $229,760.71 $0.00 $83,111.67 $83,111.67 $0.00 $573,001.49 $573,001.49 $0.00 $131,230.63 $131,230.63 $0.00 $228,181.97 $228,181.97 $0.00 $4,367,227.18 $4,367,227.18 $0.00 $479,320.84 $479,320.84 $0.00 $10,249.08 $10,249.08 $0.00 $18,963.50 $18,963.50 $0.00 $440,327.68 $440,327.68 $0.00 $2,930.01 $2,930.01 $0.00 $951,791.11 $951,791.11 $0.00 200000 $4,536.09 $4,536.09 $0.00 302000 $44,606.85 $44,606.85 $0.00 302320 $0.00 $0.00 $0.00 303315 $0.00 $0.00 $0.00 303340 $1,850.00 $1,850.00 $0.00 304000 $0.00 $0.00 $0.00 306600 $2,000.00 $2,000.00 $0.00 308820 $113,809.60 $113,809.60 $0.00 308840 $563,096.52 $563,096.52 $0.00 308860 $60,895.16 $60,895.16 $0.00 Various $811,063.03 $811,063.03 $0.00 total Phase 1A $1,601,857.25 $1,601,857.25 $0.00 Construction Costs Phase IB Fiddler's Creek Community Development District Series 1996 Special Assessment Bonds Soft Costs Roadways Water Mains Sewer Mains Irrigation Mains Drainage Excavation Security Landscape Signage Guymann Construction total Phase 1B Phase 2 Soft Costs Roadways Water Mains Sewer Mains Irrigation Mains Drainage Excavation Security Landscape Signage Guymann Construction Future Projects total Phase 2 total construction costs total costs overall available remaining funds (Construction Account Cost of Issuance Account Total $208,838.22 $0.00 16J1 Construction Year to Projects Date Amounts Overall Paid /Rec'd by Variance Budget Bond Funds Fay. - (Unfay.) 200000 $72,114.43 $72,114.43 $0.00 302000 $37,427.50 $37,427.50 $0.00 302320 $0.00 $0.00 $0.00 303315 $0.00 $0.00 $0.00 303340 $0.00 $0.00 $0.00 304000 $1,200.00 $1,200.00 $0.00 306600 $36,069.78 $36,069.78 $0.00 308820 $95,220.00 $95,220.00 $0.00 308840 $2,200,834.01 $2,200,834.01 $0.00 308860 $99,867.58 $99,867.58 $0.00 Various $5,925,915.29 $5,925,915.29 $0.00 $8,468,648.59 $8,468,648.59 $0.00 200000 $0.00 $0.00 $0.00 302000 $0.00 $0.00 $0.00 302320 $0.00 $0.00 $0.00 303315 $0.00 $0.00 $0.00 303340 $0.00 $0.00 $0.00 304000 $0.00 $0.00 $0.00 306600 $0.00 $0.00 $0.00 308820 $0.00 $0.00 $0.00 308840 $0.00 $0.00 $0.00 308860 $0.00 $0.00 $0.00 Various $96,890.67 $96,890.67 $0.00 $96,890.67 $96,890.67 $0.00 $208,838.22 $0.00 $208,838.22 $15,486,414.80 $15,486,414.80 $0.00 $20,858,680.21 $20,649,841.99 $208,838.22 $208,838.22 Fiddler's Creek Community Development District Series 1999 Special Assessment Revenue Bonds For the Month Ended October 31, 2000 Source of Funds Deposit to Construction Account Deposit to Cost of Issuance Account Deposit to Capitalized Interest Account Deposit to 1999A Reserve Account Deposit to 1999B Reserve Account Costs of Issuance & Underwriters' Discount Interest Income (including Accrued Interest) total sources Use of Funds Costs of Issuance Deposit to Capitalized Interest Account Deposit to 1999A Reserve Account Deposit to 1999B Reserve Account Bond Counsel- White & Case District Counsel- Woodward, Pires and Lombardo Trustee - Suntrust Bank Trustee Counsel- Nabors, Giblin & Nickerson Financial Consultant- Fishkind & Associates, Inc. Underwriters' Discount District Manager- Severn Trent/Moyer & Assoc. Document Printing- Allied Printing, Inc. 16J1 Construction Year to Projects Date Amounts Overall Paid /Rec'd by Variance Budget Bond Funds (Fay.) - Unfay. $13,589,592.84 $13,589,592.84 $0.00 $175,000.00 $175,000.00 $0.00 $1,772,584.03 $1,772,584.03 $0.00 $791,231.55 $791,231.55 $0.00 $675,161.58 $675,161.58 $0.00 $241,430.00 $241,430.00 $0.00 $11,190.99 $621,519.16 ($610,328.17) $17,256,190.99 $17,866,519.16 ($610,328.17) Construction Year to Projects Date Amounts Overall Paid /Rec'd by Variance Budget Bond Funds Fay. - ( Unfay.) $1,772,584.03 $1,772,584.03 $0.00 $791,231.55 $791,231.55 $0.00 $675,161.58 $675,161.58 $0.00 $100,000.00 $100,000.00 $0.00 $11,075.80 $11,075.80 $0.00 $6,000.00 $6,000.00 $0.00 $2,500.00 $2,500.00 $0.00 $20,000.00 $20,000.00 $0.00 $211,128.51 $211,128.51 $0.00 $10,000.00 $10,000.00 $0.00 $4,115.01 $4,115.01 $0.00 total costs of issuance $3,603,796.48 $3,603,796.48 $0.00 total construction costs Fiddler's Creek $4,878,777.89 total costs overall $17,256,190.99 Community Development District $4,963,771.40 Series 1999 Special Assessment Bonds I Construction Year to Projects Date Amounts Construction Costs Overall Paid /Rec'd by Variance Code Budget Bond Funds Fay. - (Unfay.) General Development Soft Costs 200000 $941,584.00 $672,356.26 $269,227.74 Environmental 301000 $102,500.00 $111,655.50 ($9,155.50) Roadways 302000 $485,400.00 $185,970.70 $299,429.30 Tunnels 302215 $175,000.00 $219,747.22 ($44,747.22) Water Mains 302320 $185,614.00 $0.00 $185,614.00 Street Lighting 303300 $96,150.00 $143,436.00 ($47,286.00) Sewer Mains 303315 $359,619.00 $77,957.12 $281,661.88 Irrigation Mains 303340 $647,083.00 $34,810.00 $612,273.00 Drainage 304000 $935,085.00 $494,639.73 $440,445.27 Clearing 305000 $885,000.00 $246,288.45 $638,711.55 Excavation 306600 $7,223,806.00 $5,773,395.33 $1,450,410.67 Security 308820 $238,160.00 $136,912.30 $101,247.70 Fountains 308810 $112,400.00 $112,226.90 $173.10 Landscape 308840 $776,000.00 $258,378.00 $517,622.00 Signage 308860 $54,000.00 $18,518.32 $35,481.68 Median Landscape 308880 $350,000.00 $202,331.28 $147,668.72 total general development $13,567,401.00 $8,688,623.11 $4,878,777.89 Future Projects $84,993.51 $0.00 $84,993.51 total construction costs $13,567,401.00 $8,688,623.11 $4,878,777.89 total costs overall $17,256,190.99 $12,292,419.59 $4,963,771.40 available remaining funds $5,574,099.57 truction Account of Issuance Account Total $5,573,895.08 $204.49 Fiddler's Creek Community Development District 16J1 10300 N.W. 11th Manor Coral Springs, Florida 33071 • Telephone: (954) 753 -0380 Fax: (954) 755 -6701 Date: January 16, 2001 Memorandum To: Clerk of the Circuit Court Finance Dept. c/o Derrick Johnssen 2671 Airport Rd., Court Plaza III P.O. Box 413016 Naples, Florida 34112 -3016 Mr. Robert Fernandez Collier County Manager Governmental Center 3301 East Tamiami Trail Administrative Bldg, Second Floor Naples, Florida 34112 Anthony Pires, Esq. Woodward, Pires & Lombardo 801 Laurel Oak Drive, Suite 710 Naples, Florida 34108 Russ Baker CPA Schultz, Chaipel & Company 12660 World Plaza Lane, Unit 73 Fort Myers, Florida 33907 Reference: Minutes of Meetings held October 25, and November 7, 2000 From: Gary L. Moyer Manager Enclosed for your records is a copy of the minutes of meetings held by the Board of Supervisors of Fiddler's Creek Community Development District as referenced above. GLM /cno 16J1 MINUTES OF LANDOWNERS MEETING FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT The Landowners meeting of the Fiddler's Creek Community Development District was held Tuesday, November 7, 2000 at 8:00 a.m. in the Fiddler's Creek Spa & Club, 3470 Club Center Boulevard, Naples, Florida. Present were: James P. Ward Jim Gillam Mark Strain FIRST ORDER OF BUSINESS Call to Order Mr. Ward called the meeting to order at 8:00 am. This meeting was noticed in accordance with the provisions of Chapter 190 of the Florida Statutes. SECOND ORDER OF BUSINESS Determination of Number of Voting Units Represented Mr. Ward stated I have received a proxy from 951 Landholdings appointing Mark Strain to vote 1,008 unplatted acres and 65 plotted lots and a proxy from GBFC Development Limited, a Florida Limited Partnership, also appointing Mark Strain to vote 386 platted lots. Are there any other Landowners present, who intend to vote in today's Landowner's meeting? The record will reflect that there are no other individuals present. TfIIRD ORDER OF BUSINESS Election of a Chairman for the Purpose of Conducting the Landowners Meeting Mr. Ward stated Mr. Strain since you are the only individual here, the purpose of this item is to conduct today's Landowners meeting, with your consent, I would be glad to continue on in that role and finish this Landowners meeting for you, if that is satisfactory to you. Mr. Strain stated yes. FOURTH ORDER OF BUSINESS Nominations for the Position of Supervisor (3) Mr. Ward stated pursuant to the Statue creating the District, there are three Supervisors who are up for election today. The two individuals that have November 7, 2000 16J1 q ` receive the highest number of votes will serve a four year term and the third individual will serve a two year term. I would like to ask you to nominate three individuals to serve in the position of Supervisor. Mr. Strain stated I would like to nominate Arthur Woodward, Paul Riegelhaupt, and Larry Mullins. Mr. Ward stated at this time we will close the nominations. FIFTH ORDER OF BUSINESS I Casting of Ballots Mr. Ward stated I am going to provide to you a copy of the official ballot for the District. Mr. Strain I ask that you take a moment to fill that out casting your number of votes. SIXTH ORDER OF BUSINESS Ballot Tabulation Mr. Ward stated I have received the ballot from Mr. Strain. His votes indicate that he has voted 500 units for Mr. Woodward and Mr. Riegelhaupt, and 450 voting units for Mr. Mullings. Accordingly, at the next meeting of the Board of Supervisors of the District, we will canvass and certify these election results. Mr. Wooward and Mr. Riegelhaupt will serve a four year term, and Mr. Mullings will serve a two year term. SEVENTH ORDER OF BUSINESS Landowners Questions or Comments There not being any, The meeting ws adjourned at 8:05 A.M. 2 AGENDA t LANDOWNERS MEETING 16J1 FIDDLER'S CREEK 11 COMMUNITY DEVELOPMENT DISTRICT Tuesday Fiddler's Creek Spa & Club November 7, 2000 3470 Club Center Boulevard 8:00 AM Naples, Florida 1. Call to Order 2. Determination of Number of Voting Units Represented 3. Election of a Chairman for the Purpose of Conducting the Landowners Meeting 4. Nominations for the Position of Supervisor (3) 5. Casting of Ballots 6. Ballot Tabulation 7. Landowners Questions or Comments 8. Adjournment OFFICIAL BALLOT 16J1 FIDDLER'S CREEK CONIlVILTNITY DEVELOPMENT DISTRICT COLLIER COUNTY, FLORIDA LANDOWNERS MEETING November 7, 2000 The undersigned certifies that he is the owner of land in the Fiddler's Creek Community Development District (insert or attach legal description of property): S £ A TTA-� -���U qS -t �-� � � 4�oc 4 �vJb� 3$� and casts his vote(s) for the following: The two candidates receiving cndidate shall be elected votes shall two yearetermted for a four year term and the third Name of Candidate �► 2'C ten. - Yy ooc� W4T� Name: Lo �� �� � J Address: {�0 Glv�b �,¢+ 6 u a Number of Votes 600 �oQ N S0 16J1 LANDOWNER PROXY LANDOWNERS MEETING - NOVEMBER 7, 2000 FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT KNOW ALL MEN BY THESE PRESENTS, that the undersigned hereby constitutes and appoints: Mark Strain And each of them, attorneys and agents, with power of substitution in each of them for and in behalf of the undersigned, to vote as proxy at the meeting of the Landowners of the Fiddler's creek Community Development District to be held in the Fiddler's Creek Spa & Club, 3470 Club Center Boulevard, Naples, Florida, Thuesday, November 7, 2000 at 8:00 A.M.; said meeting published in a newspaper in Collier County; and at any adjournments thereof, according to the number of acres of unplatted land and/or platted lots own ed -by the undersigned. landowner Which.-the undersigned would be entitled to= -vote if -then personally present, upon any question, .:proposition, or resolutidn'. of any other. .rnatte_ r 'or thing which may - come before said meeting including; but -not limited to, the election of members of the Board of Supervisors and may vote in accordance with their discretion on all matters not known or determined at the time of solicitation of this proxy, which may legally come before the meeting. An-yproxy -heretofore given by the undersign meeting is hereby _ revoked. This proxy is to continue in force from the date hereof until the conclusion of the annual meeting and any adjournment or adjournments thereof, but may be revoked at any time by notice thereof; in writing, filed with the Secretary of the Fiddler's Creek Community Development District. 951 LAN HOLDINS G, —L Aubrey J. errao, a and not inilividual � Votes Entitled To: A Florida Limited Partnership attorney -in -fact Number of unplatted acres owned and entitled to vote: Number of platted lots owned and entitled to vote: 1008 65 LANDOWNER PROXY 16JJ LANDOWNERS MEETING. NOVEMBER 7, 2000 FIDDLER'S CREEK CON UJNITY DEVELOPNIENT DISTRICT KNOW ALL MEN BY THESE PRESENTS, that the undersigned hereby constitutes and appoints: Mark Strain And each of them, attorneys and agents, with power of substitution in each of them for and in behalf of the undersigned, to vote as proxy at the meeting of the Landowners of the Fiddler's creek Community Development District to be held in the Fiddler's Creek Spa & Club, 3470 Club Center Boulevard, Naples, Florida, Thuesday, November 7, 2000 at 8:00 A.M.; said meeting published in a newspaper in Collier County; and at any adjournments thereof, according to the number of acres of unplatted land and /or platted lots owned by the undersigned landowner uvhich the undersigned would -be entitled to, vote : if -then personally present; upon and question, pr -p or- .resolutidn or.� any of r .matter .or tlung..which may - comebefore.said meeting iricfuding, but not limited to; the election.ormembers_ of the Board of Supervisors and may vote _in accordance with their discretion on all matters not known or determined at the time of solicitation of this proxy, which may legally come before the meeting. Amy -proxy heretofore given by-the untl r said meeting-is hereby revoked. - This proxy is to continue in force from the date hereof until the conclusion of the annual meeting and any adjournment or adjournments thereof, but may be revoked .at any time by- notice thereof, in writing, filed with the Secretary of -the Fiddler's Creek Community Development District. GBFC D LOPMEN*attorney-in-fact ida Limited Partnership Aubrey J Ferra and not individ Votes Entitled To: Number of unplatted acres owned and entitled to vote: Number of platted lots owned and entitled to vote: 386 A NUTES OF MEETING FIDDLER'S CREEK 1611 COMMUNITY DEVELOPMENT DISTRICT The regular meeting of the Board of Supervisors of Fiddler's Creek Community Development District was held on Wednesday, October 25, 2000 at 10:00 A.M. at the Club and Spa at Fiddler's Creek, 3470 Club Center Boulevard, Naples, Florida Present and constituting a quorum were: Grady Minor Paul Riegelhaupt Arthur Woodward Clifford Olson Also present were: James P. Ward Jim Gillam Chuck Adams Tony Pires Terry Cole Mark Strain Chairman Vice Chairman Assistant Secretary Assistant Secretary District Manager Assistant Manager M & A, Director of Operations Attorney Engineer Gulf Bay Properties FIRST ORDER OF BUSINESS Roll Call Mr. Minor called the meeting to order at 10:00 A.M. and stated the record will reflect that all Supervisors are present at roll call with the exception of Mr. Mullins. SECOND ORDER OF BUSINESS Approval of the Minutes of the August 23, 2000 Meeting Mr. Minor stated that each Board member had received a copy of the minutes of the August 23, 2000 meeting and requested any corrections, additions or deletions. Mr. Minor stated on page 7, the second paragraph from the bottom, it says "anything special we need to do about the hurricane ?" I remember the question and I did not ask it. It might have been Mullins, but you can leave my name in there. Mr Minor asked are there any comments? October 25, 2000 1 w Fiddler's Creek C.D.D. Mr. 91son stated somebody was supposed to get us a memo on why the management fees were so high on page 7. Mr. Ward stated I will do that for you under my report. Mr. Strain stated the minutes start out in the first paragraph saying the meeting is held at the "corporate offices." Actually, it is at the Club & Spa at Fiddler's Creek. The corporate offices are at the end of the hall. I wanted to make that clarification. Mr. Minor stated at the Gulf Bay Club and Spa, same address. Mr. Strain stated the Club and Spa at Fiddler's Creek. Mr. Minor asked are there any other comments or corrections? On MOTION by Mr. Riegelhaupt seconded by Mr. Olson with all in favor the minutes of the August 23, 2000 meeting were approved as amended. THIRD ORDER OF BUSINESS Consideration of Amendments to Engineer's Report for Phase 2 Mr. Cole stated compared to the old report, we made very few changes here. On page 4 the second paragraph was added, "The purpose of this revision is to indicate additional excavation areas that are to be created and are intended to function and operate as part of the water management areas for this phase. The overall cost of the work will not exceed the original bond amount $13,567,400." That is the summary of the change. On page 12, section 3.3, the second sentence in the second paragraph reads, "In Phase 2 approximately 105 acres of lakes will be excavated resulting in approximately 1.8 million cubic yards of fill which will be used to complete roadways, berms, development tracts and the golf course." Those two numbers were changed - -105 acres used to be 90 acres, and the 1.8 million cubic yards used to be 1.5 million cubic yards. On page 7 is the PUD Zoning and Phasing Limits Map. That map was changed slightly to indicate the additional areas that were cleared and excavated. There are some minor changes. The extent of the amendments to the Engineer's Report was to add these additional excavation areas that were used to construct a portion of the stormwater management system. The net effect is no change in the amount of construction. Mr. Minor asked was the 15 acres of lake that you added, within what was always the Phase 2 boundary or did the boundary expand? 16J1 t I October 25, 2000 16J1 Fiddler's Creek C.D.D. t Mr. Cole responded the boundary expanded. They are within the C.D.D. boundary. The purpose of the change to this map was to add those areas as being in the cross hatch to Phase 2 construction areas. Mr. Minor stated the reason we are still within the original budget is because the prices came in better than you had estimated. Mr. Cole stated correct. Mr. Minor asked why is the number $13 million different from $17 million? Is this a phase we already bonded? Mr. Cole responded correct. Mr. Minor asked why do I think we bonded $17 million and now we are talking $13? Is this just construction? Mr. Ward responded this is just construction. If there are no further questions, this is an easy change to the Engineer's Report. All it requires is a motion and a second by the Board to approve the modifications that Mr. Cole outlined for you to your Engineer's Report dated September 2000. On MOTION by Mr. Woodward seconded by Mr. Olson with all in favor the revised Engineer's Report dated September 2000 was approved. FOURTH ORDER OF BUSINESS A. Attorney Mr. Pires stated other than routine items going on with the developer and reviewing plats, I have nothing else to report. B. Engineer Mr. Cole stated we have been reviewing pay requests from the contractors. A lot of the excavation is 95% completed. There are a couple lakes that are finishing the slopes. They are continuing to work on the extension of Fiddler's Creek Parkway which is going north from the clubhouse. They will begin work on Tracts 15 and 18, which is north of Championship Drive in the next month or SO. 3 October 25, 2000 Fiddler's Creek C.D.D. C. Manager 16J.1 Mr. Ward stated I want to clarify the discussion at the August 23rd meeting relative to the adoption of the Final Assessment Resolution for the second series of bonds. As background information, the way in which a Chapter 170 and a 197 non ad valorem assessment proceeding works - -and those are the operative statutes that were utilized for the levy of this assessment - -at the completion of construction, the Board must adopt an assessment resolution, making final the assessments on the property in providing all property owners an opportunity to pay that assessment within 30 days of notification. If you choose not to, it will appear on their November tax bills. The Statute is not finite in the determination of the completion of the facilities. Under the current law you have the ability to finalize your assessments and reserve whatever amount of money you have remaining in your construction account to complete the construction of that infrastructure as recommended to you by your engineer. Irrespective of whether or not there is not another dollar's worth of work to be done under an assessment program, the way the Statute operates - -based on your engineer's recommendation and your legislative determination based on the recommendations of your professional staff- -you have the authority to adopt this form of assessment resolution, making final the assessment proceedings, subject to the completion of those facilities as determined by your engineer. I want to apologize to you for the confusion that occurred at the last meeting with respect to that discussion. I wanted to clarify what you were doing, and you do have the legal authority under the Statute to do what you did and that is clearly what this staff recommended to you that you do. Secondly, I noticed in your meeting package that you asked about the distribution of our fee specifically. Our fee is comprised of a number of elements pursuant to the contract that we have with you. They fall into what I call "management" which is the administrative management of the District, the field management services, recording - -what I refer to as the clerking function and then the accounting function of a Community Development District. The fee is our aggregate fee per month for those four services. They break down roughly as follows: $2,200 per month for administrative management, $1,700 for field, $400 for recording and $2,200 for accounting. The accounting is somewhat higher than a minimal District because of the fact that we have two bond issues and assessment rolls that are done each year. That fee changes proportionally M October 25, 2000 _ Fiddler's Creek C.D.D. 1 &J depending upon the level of accounting work that do for a community each and every year. I can provide you a specific scope of work and services that we provide under those four generalized categories each year. That is the general breakdown that Mr. Olson had asked about in August. Mr. Minor asked why was it different? Because of the accounting? Mr. Ward responded yes. Mr. Minor asked does it happen once a year? Mr. Ward responded it probably happened this year because of the '99 bond issue coming online and that is why you saw the spike. Other than that, you have your financial statements and your claims reports included in your agenda package. There is no motion required, but if you have any questions I will be glad to answer them. We are starting our audit process for Fiddler's Creek this year. I have changed the auditing firm from what we utilized in the prior year based on a number of issues that came up during the audit process. I retained a firm that has substantially more expertise in the auditing of municipal governments. By contract, we have asked them to complete that audit and have it available in its final form by January 31st. I anticipate presenting that to you at your February meeting. If you have any questions on your preliminary September 30th financial statements, I will be glad to answer them for you. You did very well during the year. You came in within budget for both revenue and your expenditures in the major funds that we have talked about during the year. I am sure there will be some audit adjustments to this, subsequent to the audited September 30 reports. As soon as we finish the audit, we will update these financial statements for you to conform with the September 30 audited financials that are presented to you by your auditor. Mr. Minor asked does anyone have questions? Mr. Olson responded on the balance sheet you have $10,662 due from the Developer. What does that represent? Mr. Ward responded those are funds due for the off -role assessments. Since we bill the developer for land that is owned by the Developer, the assessments are not on the tax roll. It is the balance they owe us for that. Mr. Olson asked will they pay before year end? Mr. Ward responded we may have billed it actually in the month of September, so they will probably pay it in October or November. 5 October 25, 2000 16J11 Fiddler's Creek C.D.D. Mr. Strain stated it was billed and I presented it to our CFO. That is where it sits right now. It is going through the process. Mr. Minor stated on the claims docket, there are two checks for the Fiddler's Creek foundations for officer /director services? Mr. Olson stated I had a question on that too. Mr. Adams stated that is billed at the new monthly contract amount based on the increase that we had in the budget. That is the October billing amount. Mr. Minor asked is that security? Mr. Ward responded yes. Mr. Minor asked should it not say security? Mr. Adams stated it should not be in the current budget year, so I will make that adjustment. That should be in next year's budget. Mr. Minor asked can we call it security other than officer /director services? Mr. Adams responded yes. Mr. Minor stated the last page there is an item for Texas Two -Step School. What is that? Mr. Adams responded that is an annual school that is put on by the supplier of our master irrigation control system which is computerized. It is an annual program, and we send our handymen to get up to speed on new bells and whistles. Mr. Minor asked the handyman we just hired? Mr. Adams responded yes. Mr. Minor stated that is all I had. Do you need a motion to pay the bills? Mr. Ward responded no, sir. Mr. Olson stated I had a couple other questions. On the improvements and renovations program we are 324% over budget. That is under the landscape maintenance general fund. I think 1 asked this question last time too, and I think it was because we added some new landscaping; is that correct? Mr. Adams responded we did some major renovations of the plant material that had the yellow flowers on it. They were along the guard rails at the entrances to the guard house and also down at the garage just northeast of the entrance to the clubhouse. The plant material was deteriorating rapidly and needed to be replaced. Mr. Olson stated Mr. Ward, on the 1996 Debt Service Fund, we had interest of 356% over budget. Mr. Ward stated interest expense. October 25, 2000 6 Fiddler's Creek C.D.D. Mr. Olson stated I know it is only $5,000, but it is something that jumped out at me. Is that something that should have been accounted for or budgeted a little bit better? Mr. Ward asked are you talking about the principal prepayments? Mr. Olson responded page 13, interest income prepayment account. Mr. Ward stated on the next page where it says principal prepayment expense, you will see we budgeted $625,000. We budget the interest income based upon what the Developer tells us they anticipate prepaying during the year. If they pay more into that fund, you will get more interest income and that is why that interest income line is higher than what we originally budgeted. It is directly related to the fact that, in all likelihood, the project is going very well and they are actually prepaying debt faster than was originally anticipated. FIFTH ORDER OF BUSINESS Supervisor's Requests and Audience Comments There not being any, next item followed. SIXTH ORDER OF BUSINESS Adjournment On MOTION by Mr. Woodward seconded by Mr. Riegelhaupt with all in favor the meeting was adjourned at 10:20 A.M. Grady Minor cgAl2M Ata Paul Riegelhaupt �SS�S'C�►4iVT SE G2G- '�1°� -� 7 16J1 - AGENDA FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT Wednesday Club & Spa at Fiddler's Creek October 25, 2000 3470 Club Center Boulevard 10:00 A.M. Naples, Florida 1. Roll Call 2. Approval of the Minutes of the August 23, 2000 Meeting 3. Consideration of Amendments to Engineer's Report for Phase 2 4. Staff Reports A. Attorney B. Engineer C. Manager - Financial Statements and Claims Report 5. Supervisor's Requests and Audience Comments 6. Adjournment NOTE TO ALL MEETING ATTENDEES: Please identify yourself each time you speak to facilitate transcription of meeting minutes. Thank you for your assistance. Naples Daily News Naples, FL 34102 Affidavit of Publication Naples Daily News FIDDLER'S CREEK COMMUNITY DEV. DISTRICT - GARY MOYER 21C N UNIVERSITY DR #301 CORAL SPRINGS FL 33071 REFERENCE: 052301 5813711' Notice Of Meeting Fi State of Florida County of Collier Before the undersigned authority, personaLLy appeared B. Lamb, who on oath says that she serves as the Assistant Corporate Secretary of the Naples oaiLy News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates Listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Nap Les, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publiction in the said newspaper. PUBLISHED ON: 10/13 AD SPACE: 73.000 INCH FILED ON: 10/18/00 16J1 Signature of Affiant Sworn to and Su "scribcd before me this -N; day of 20 Personally known by i1e �PnY P&,( 'c SLI-1) D Flora My Commission CC581717 Expires Dec. 10, 2000 ��F OF f`Qf. 10 /18/00 WED 08:40 FAX 19412623074 HOLE MONTES 2002 16J1 REVISED ENGINEER'S REPORT FOR PHASE 2 OF THE FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT BOARD OF SUPERVISORS FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT ENGINEERS: HOLE, MONTES & ASSOCIATES 715 10'x' STREET SOUTH NAPLES, FLORIDA 34102 FINANCIAL ADVISOR: FISHKIND AND ASSOCIATES 2424 RESEARCH PARKWAY, SUITE 275 ORLANDO, FLORIDA 32826 September, 2000 OCT 19 2000 09:53 19412623074 PAGE.02 10 /18/00 DYED 08:41 FAX 19412623074 HOLE MONTES 2003 1611 TABLE OF CONTENTS SECTION PAGE NO. I . INTRODUCTION 1 2. DISTRICT BOUNDARY AND PROPERTIES SERVED 5 3. PROPOSED DISTRICT INFRASTRUCTURE 10 4. OPINION OF PROBABLE CONSTRUCTION COSTS 15 5. PERMITS 26 TABLES TABLE I - LAND USE SUMMARY 3 TABLE 2 - SUMMARY OF OPINION OF PROBABLE COSTS FOR THE DISTRICT INFRASTRUCTURE 16 TABLE 3 - DESCRIPTION OF DISTRICT INFRASTRUCTURE COMPONENTS AND OPINION OF PROBABLE COSTS 17 EXHIBITS EXHIBIT I - LOCATION MAP EXHIBIT 2 - DISTRICT BOUNDARY AND PROPERTIES SERVED EXHIBIT 3 - PUD ZONING AND CURRENT CONSTRUCTION 2 6 7 OCT 18 2000 09:54 19412623074 PAGE.03 10/18/00 WED 08:41 FAX 19412623074 HOLE MONTES 1. INTRODUCTION 1.1 Description of the Fiddler's Creek Community 16J1 Fiddler's Creek is an existing 3,764 acre master planned residential community located in Naples, Florida within Collier County, Florida (See Location Map- Exhibit 1). In 1996, the prilmry developer formed the Fiddler's Creek Community Development District (the District), which encompassed the entire acreage of the community at that time, totaling 1,389.77 acres. To date, the District is comprised of the original acreage. It is anticipated that the District will be expanded to add additional phases as development progresses. The Fiddler's Creek community will be fully amenitized and will offer a maximum of 6,000 residential units for the entire project, including single - family detached, patio and zero lot line, duplexes, single- family attached and townhouse, and multi- family dwellings; commercial areas; three 18 -hole golf courses; a stormwater management system; wetland preserves; full utility infrastructure; landscaped roadways; gated entries; and landscaped perimeter berms. A land use summary for the District is shown in Table 1. The District is proposed in order to construct, operate, and maintain the necessary infrastructure to service the Fiddler's Creek community. The Fiddler's Crcek community will be developed in phases in response to market demands. Five phases of major infrastructure construction are anticipated. Construction of Phase 1 began in December 1995 and consists of infrastructure to support approximately 1,100 residential units, exotic vegetation removal, and excavation of a portion of the "Creek" at Fiddler's Creek which is a marsh buffer and spreader swale system. Phases of subsequent construction will continue through year 2008 when the community is expected to be completed. The expected phasing is as follows: PHASE EXPECTED YEAR OF COMPLETION 1 1999 2 2001 3 12003 4 12006 s 12008 1 OCT 19 2000 09:54 19412623074 PAGE.04 Ia 004 SL- - -� Us •]: 10/18/00 WED 08:42 FAX 19412629074 HOLE MONTES [a 006 TABLE 1 LAND USE SUMMARY liffill'il, RESIDENTIAL FF 541.78 39.0 COMMERCIAL 33.62 2.4 PARKS 13.67 1.0 FC' S GOLF COURSE /CLUB / MAINTENANCE 141.60 10.2 CLUB CENTER 11.00 0.8 COMMUNITY FACILITY 6.03 0.4 RIGHT -OF -WAY 82.08 5.9 PRESERVE 243.37 17.5 LAKES 152.81 11.0 FIDDLER'S CREEK 82.55 5.9 MISC. (Open/Easements) 81.26 5.9 TOTAL 1,389.77 100.0 3 CCT 18 2000 09:55 19412623074 PAGE.06 10/18/00 WED 08:42 FAX 19412623074 HOLE MONTES 6JI. 1.2_ purpose and Scope of the Report The purpose of this report to provide a description of the Phase 2 capital improvements to be constructed and financed by the District; and an apportionment of the costs for the capital improvements, and their operation and maintenance. The financing and assessment methodology will be developed by the District's financial advisor. The purpose of this revision is to indicate additional excavation areas that are to be created and are intended to function and operate as part of the water management areas for this phase. The overall costs of the work will not exceed the original bond amount $13,567,400.00. 4 OCT 18 2000 09 :55 194126230 ?4 PAGE.O? Z007 10/18/00 WED 08:42 FAX 19412620074 HOLE MONTES 16J1 2. DISTRICT BOUNDARIES AND PROPERTIES SERVED 2.1 District Boundaries Exhibit 2 delineates the current boundaries of the District. In the future, additional project areas may be added to the District. The District is surrounded by residential, preserve, agricultural, public and undeveloped land uses including U.S. 41 to the north; Imperial Wilderness Mobile Home Park and agricultural uses to the east; state preserve lands to the south; State Road 951, Port-Au- Prince and Diamond Shores Mobile Home Parks to the west; and undeveloped and public lands to the northwest. 2.2 Description of Properties Served The District is located in Sections 11, 14, 15, 22, 23 and 24, Township 51 South, Range 26 East, Collier County, Florida. The existing land within the District consists of developed areas and fallow agricultural fields, wetlands, and forested open space. The terrain is flat with elevations ranging from 1 to 4 feet NGVD. Ground water is generally located at or above the surface to one foot below natural grade during the rainy season. During the dry season water table elevations may drop 2 to 3 feet. The entire property within the District is zoned "Planned Unit Development"(PUD) and is depicted as such on Exhibit 3. 5 OCT 18 2000 09:55 19412623074 PAGE.08 Z008 ^ "p "' �, NDLERPS CREEK COMMUNITY DEVELOPMENT DISTIH I 10/18/00 WED 08:40 FAX 19412620074 HOLE MONTES N 0 a t°n 0 010 • lee . �r�.ij.7j� fs , Jr /9r� • • i • � � a +e ?ZLO WN � n A o � • • • r PUD ZONING ® 715 10th Sirsof S., Naples. FL 34102 — Phone (941) 262-4o17 PHASING LIMITS OCT 19 2000 09:56 19412623074 PAGE.10 10 /18 /oo 1PED 08:43 FAX 19412623074 HOLE MONTES la 011 16J1 _ 2.3 Existing infrastructure The District is located within the Collier County Water -Sewer District which will provide water, wastewater and irrigation water services to the project. The Collier County Board of County Commissioners serve as Ex- Officio governing board of the Collier County Water -Sewer District. Potable water for the project will be provided by connection to and extension of existing County Water -Sewer District water mains. There are existing 12" diameter water mains located along Championship Drive, Club Center Boulevard and Fiddler's Creek Parkway within the Phase 1 District areas. Potable water will be provided by the Collier County Regional Water System. Wastewater from the commuiuty is being collected within the site and transported by force main to Master Pump Station 3.16 of the Collier County Water -Sewer District. The wastewater is then pumped via force main to the South County Regional Wastewater Treatment Facility. Irrigation water service will ultimately be provided by the County Water -Sewer District as reclaimed water becomes available from the South County Regional Wastewater Treatment Facility and from the proposed stormwater irrigation utility. Until the County Water -Sewer District is able to provide adequate reclaimed water from the South County Regional Wastewater Treatment Facility (and, if necessary in the future, to supplement the service), on -site irrigation water storage and pumping facilities will also be provided by the District. The District is located within the McIlvane Bay watershed. Existing runoff from the District flows overland to state preserve lands to the south. The preserve lands discharge into McIlvane Bay which is a tidal system. 0 OCT 18 2000 09:5E 19412623074 PAGE.11 10/18/00 WED 08:44 FAX 19412623074 HOLE MONTES Z012 16J1 The District is adjacent to two major roadway arterials including U.S.41 to the north and State Road 951 to the west. The District will have three major connections to these arterials within the original CDD boundaries. ' fq J 1 1, 1 04 The District is located within the franchise areas of Florida Power and Light, and Sprint United Telephone Service. Cable service is available from Time Warner. These utilities provide electrical power, telephone service, and television cable to the District. In summary, all utilities are available to the property or will be during the development of the infrastructure. 6 CCT 19 2000 09:57 19412623074 PAGE.12 10/18/00 WED 08:44 FAX 19412623074 HOLE MONTES 2013 3. PROPOSED PHASE 2 DISTRICT INFRASTRUCTURE 16JI Summary of the proposed Phase 2 District infrastructure The Phase 2 District infrastructure will generally consist of the following: 3.1 Roadways 3.2 Utilities 3.3 Earthwork and Clearing for Stormwater Management 3.4 Stormwater Management Facilities 3.5 Roadway Lighting 3.6 Landscaping 3.7 Security 3.8 Wetland Mitigation and Monitoring 3.9 Off -Site Improvements 3.1 Roadways The roadways within the Phase 2 District will consist of 2 -lane undivided and 4 -lane divided sections. The roadways will serve the various land uses within the District and will connect to existing Phase 1 roadways, The roadways will be constructed within platted rights -of -way. It is currently estimated that one mile of roadway will be constructed. The roadways will be constructed of stabilized subgrade, limerock base, asphalt paving, curbing, sidewalks, bike paths, signage, and striping. The roadways will also include landscaping and street lighting which are described in subsequent sections. The roadways will be designed and constructed in accordance with appropriate Collier County and PUD Standards. In addition, a golf cart tunnel which was constructed (but not funded) in phase 1 will be included in the Phase 2 Roadway component. The tunnel was constructed to facilitate the crossing of existing golf cart paths across Fiddler's Creek Parkway. 10 OCT 18 2000 09 :57 19412623074 PAGE.13 10/18/00 EYED 08:44 FAX 19412620074 3.2 Utilities HOLE MONTES Z014 16J1 ;6J1'r� The utilities within the Phase 2 District will consist of potable water, wastewater and irrigation systems which will be designed and constructed in accordance with appropriate Collier County Water -Sewer District and Florida Department of Environmental Protection standards. It is anticipated the water and wastewater facilities will be conveyed by the District to the Collier County Water -Sewer District by the District for ownership, operation, and maintenance after completion of construction. The potable water facilities will include distribution mains with required valuing, fire hydrants and water services to individual lots and development tracts. Connections to the existing County system will be made at Championship Drive and Fiddler's Creek Parkway within the Phase I District area. It is currently estimated that 6,200 lineal feet of water main will be constructed in Phase 2. The wastewater facilities will include gravity collection mains with individual lot sewer services, a collection system pump station, and force mains to connect to the existing Collier County facilities within the Phase 1 District area. It is currently estimated that 3,700 lineal feet of gravity collection system, 5,850 lineal feet of force main, and one pumping station will be constructed in Phase 2. The irrigation system for Phase 2 will include water from lakes and/or reclaimed water; an irrigation pumping facility; and irrigation transmission/distribution mains with services for lots and development parcels. Initially potable water will be used as an irrigation source until lakes and/or reclaimed water- stormwater becomes available. The irrigation pumping facility will deliver irrigation water to users within the District. It is estimated that 7,100 lineal feet of irrigation transmission/distribution main will be constructed in Phase 2. 11 OCT 18 2000 09:57 19412623074 PAGE.14 10/18/00 WED 08:44 FAX 19412623074 HOLE HONTES 16J1 3.3 Earthwork and Clearing for Stormwater Management Stormwater management lakes within the District will be excavated and the material will be used for fill of roadways, perimeter berms, golf course construction and development tracts. It is necessary to fill these components to provide minimum finished elevations for typical storm events and flood protection. Areas will be cleared to facilitate earthwork operations. The lakes will be excavated in accordance with the size and depth requirements of Collier County, South Florida Water Management District and the Deltona Settlement Agreement. In Phase 2 approximately 105 acres of lakes will be excavated resulting in approximately 1.8 million cubic yards of fill which will be used to complete roadways, berms, development tracts and the golf course. All excavated material will remain on the site as required by Collier County requirements. 3.4 Stormwater Management Facilities The District stormwater management system will consist of excavated stormwater management lakes, drainage pipes, catch basins, swales, berms and water control structures. Stormwater runoff from the areas within the District will be collected and transported to the Stormwater management lakes for water quality treatment and water quantity storage. The stormwater will discharge from water control structures to spreader swales which will discharge into preserve areas to the south. The stormwater management system will be designed in accordance with South Florida Water Management District standards for water quality treatment, water quantity storage and flood protection. 3.5 Roadway Lighting Street lighting will be constructed along the roadways within the District. Light poles will be spaced approximately every 160 feet along the 4 -lame sections and every 240 feet along the 2 -lane sections. It is currently estimated that 29 poles 12 OCT 16 2000 09:57 19412623074 PAGE.15 [it 015 10/18/00 WED 08:45 FAX 19412623074 HOLE MONTES 16J1 will be installed in Phase 2. Single or double luminaries will be installed as required. 3.6 Landsca in /Flardsca e 6 V 4 P g P Landscaping will be provided for the roadways, perimeter berms, and District entrances. This will include landscaping and entry monument upgrades to the main entrance at S.R. 951 and the north gatehouse on Championship Drive. In addition, during Phase 1, fountains were installed at the main entrance and a perimeter wall was installed along Championship Drive. These improvements will be funded by the Phase 2 bond. The landscaping will consist of sod, annual flowers, shrubs, ground cover, lake littoral plants, and trees. Existing native vegetation will be worked into the landscape plan where practical. 3.7 Security Security for the District will be provided with gatehouses at the main entrances, perimeter berms, walls and fences, and electronic security. The manned gatehouses will monitor access to and through the District. The community will be further secured by roving patrols and a combination of perimeter berms, walls, and fences. These facilities will be landscaped to blend into the environment. Special facilities such as remote security cameras and sensors may be utilized in some areas to alert District security personnel to unauthorized entry. The Phase 2 security component will include the funding of the north gatehouse on Championship Drive which was constructed during Phase 1. 3.8 Wetland Mitigation and Monitoring The Wetland mitigation within the District will consist of the construction and planting of aquatic littoral zones, removal of exotic plant species and enhancement of wetland hydroperiods within the wetland preserves and wildlife management area. 13 OCT 19 2000 09:52 19412623074 PAGE.16 la 016 10/18/00 WED 08:45 FAX 19412623074 HOLE MONTES 16J r 3.9 Off-Site Improvements Off -site improvements will include the installation of landscaping within the medians along State Road 951 approaching the main entrance to the community. 14 OCT 18 2000 09:59 19412623074 PAGE.17 Z017 10/18/00 WED 08:45 FAX 19412623074 HOLE MONTES 0 018 4. OPINION OF PROBABLE CONSTRUCTION COSTS 16J1 Table 2 presents a summary of the totals of probable costs for the Phase 2 District infrastructure. A portion of the infrastructure will be financed by the Developer with the remaining infrastructure to be financed by the District. Cost contingencies are as noted in the table. The Phase 2 cost is in 1999 dollars. Table 3 provides opinions of probable costs for the individual components of the District infrastructure for roadways; utilities (water, wastewater, and irrigation); earthwork and clearing; stormwater management; roadway lighting; landscaping; security; and wetland mitigation and monitoring. To the subtotals, 15 percent technical services are added which includes the planning, land surveying, engineering, environmental permitting, landscape architecture, and other consulting services necessary for the design, permitting, and services during construction for the District infrastructure, The costs do not include the legal, administrative, financing, operation, or maintenance services necessary to finance, construct, and operate the District infrastructure. 15 OCT 18 2000 09:58 19412623074 PAGE.18 10/18/00 WED 08:45 FAX 19412623074 HOLE MONTES z 019 16JI I°o o o °o o °o °o 0 00 o a o 0 0 0 0 0 o v_ ? P � � 69 69 669 69 to Lo LU Vi Q. D O : co Y 69 O a O N 69 Co Co C O N 60 v Co O m r %-j � O N O O � O O to 64 O O m <D 6R H x J a E c O w `0 M 0 0 0 0 y� 0 0 0 v 0 0 0 ri 0 0 0 v 0 0 0 0 0 0 0 to 69 0 6q 0 o 0 rn 0 0 0 r: 0 0 0 o U N IL 0 0 0 of N (i4 U y W co N D W in U J a C N 0) > 0 cN Cl O c --t o O Cir) T- S O v a O O Nr 0) 0), o O 0> O a v O 0 C) s O O N O O ° o) vm o O ti J O N Q IY1 OG W 1-- Q o. Q o N LL CD /=A to Z LL L V7 OCT 18 2000 09:58 19412623074 PAGE.19 w 0 co 0 a It to o 0 0 CO ti 0 0 0 c N 0 0 0 ° Y 0 0 0 � O 0 o 0 IA 0 v 0 N 0 © 0 0 0 0 0 0 0 0 0 q* OW a a r 0 � N 0 0 O 6 Lo 0 v O `° 04 0 o O N 6 04 0 0 O ti to Lf) 0 0 O 0 0 O N v 0 0 O ONO ° - 0 0 O w e 0 o O N to 0 v O cv c0 0 69 W J ❑ v� D c LL 'c C 0 � m atS m N CD x J a E c O w `0 M m a r- � Z r vi ro � t 0 0 N C N 0) > 0 cN C7 r r V L V7 OCT 18 2000 09:58 19412623074 PAGE.19 10/18/00 WED 08:46 FAX 19412623074 HOLE MONTES m W -j m OCT 19 2000 09:59 LU U N�N U) 09 U u- W ? J 0 m � Q V o N C V.. O a O W Z W 4 w OC.) ld. 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N r' O r- Lo tip fA Vk Ef3 49 c� z J U w °6 � Y = LL m ~ U_ LL = h L Q � f� Lloo O 0 d C7 to OCT 19 2000 09:59 19412623074 PAGE.22 rn a� UD m CL N H N a N v a� z y 10/18/00 RED 08:46 FAX 19412623074 HOLE MONTES Z023 G U U J Q 1- W a _F- �z U w a 2 a cn r Q cn n. in 9 2 V z O ul H Cl W m N w W u) 1- O a lx O r�go w z a d O U a w 0 v � a U. 16J1 I OCT 18 2000 09:59 19412623074 PR6E.23 0 N X N x N O N h i ICl m m L y 10 /18 /00 FRED 08:46 FAX 19412623074 O U M LU a LLI . LL. H U p CC O� U u- W z J p M p Q O 04 aW a. cf) LLQ as z ow W L1. a O N W J LL z W O d 4 U _z J Q HOLE MONTES 0 024 16J1 Pq OCT 18 2000 10:00 19412623074 PAGE.24 N co w x N h X N 0 N r f0 d d Z N °o °v °o °0 °o 0 m o w co 04 chi i 10/18/00 WED'08:47 FAX 19412623074 HOLE MONTES 12 025 C 0 0 0 °o_ o C co co M J � O v). m (n M V) 649, 0 �1 W N 1-- � d o N 69 ° °ems ° te, U) o0 N �r r (H a 0 ° D r ti U d) to Z O� z CL r... Z W O O Q m m t'V V m p O E UJ W a m 0 m < N a. O C U H }- Z Y Cn m 0 W A a Q v C C :3 O LL E (f1 c W H M a� U- w o 0 o CL M °Q9I 0 C co Ln 0 60 0 co Lc) 0 N N N ta Q 69 0 CA 0 to 0 ►°n 6% 0 O 0 O r r C ul) tDD C m N ta ta LU 0 V J _ a) m J Q m L0 0 CD °o_ u°) r- o 0 ca °o o .* °(;: m o D A U- OCT 19 2000 10:00 19412623074 PAGE. 25 N N CL in X N N X N O CN9 ti m m U) H w Z d) Q v C C :3 O LL E (f1 c W H M a� U- w m C3 H~ L) Z J Q 19412623074 PAGE. 25 N N CL in X N N X N O CN9 ti m m 10/18/00 RED 08:47 FAX 19412623074 HOLE MONTES Z026 r� w 0 U W a 1-- W U U) �a O LL ct U Z ui i Q ao 0 a U � O N I.L W La Oa Z O w Z W CL cr- Oy k W J 0 I-- LU z a O a W to I 6J 1'i OCT 19 2000 10:00 19412623074 PAGE-26 M N d Ql (O a N CV x O N m m m G Lie 0 C 0 cn J � 69 69 64 E9 Q: Co 69 69 69 1[3' (1)' (G CL ° o v m H L CL m Q O O O W 69 CD CD N O O O o m N tLo s 64 69 d9 o: °o °o v° oo T- O O O Cl N Iq 69 a N m N c m U U W .0 Cn t _ 0 U�0-;` co I 6J 1'i OCT 19 2000 10:00 19412623074 PAGE-26 M N d Ql (O a N CV x O N m m m G 10/18/00 WED 08:47 FAX 19412625074 HOLE MONTES [a 027 �r c U cY) w d U) O J m cr-w EL W U D Q � Z 0 U cV (f) Z w Z O CL O V z 22 O z ca oz^ o Z O � O Y w LLJ U LLI J d Ca ~ Z J � W 16J1 -4&a OCT 19 2000 10:00 19412623074 PAGE.27 N m to y N w X N 0 N M W m m L O O o 0 y Q O m o coo 0 to 0 O O O O O O O O y N N �100, N ca 69 69 6R L a CD ,w d H � t CL N co 6A °o C 90 f') 69 0 N_ 69 Lo 69 a °o o °o 0 d N L CT N 63 6 N 64 cli 69 C6 N 69 0.. N m y c O 69 o co (A o 4% O N 69 CL 0 0 0 0 r y fD N ffi N 69 609, co N 6R t c� z o! 0 U; c E c z O zz O o m w ,w c¢a ~ U y Z CD o x w C _c c fD to r r ccv ° co U W yy 7 a O 16J1 -4&a OCT 19 2000 10:00 19412623074 PAGE.27 N m to y N w X N 0 N M W m m L 10/18/00 WED 08:47 FAX 19412623074 0 U M J a F- W�y IL L❑ r 6i. F- O U LL �z J 0 CD ❑ m U O N W °' a LL = Oa z�e OW z�w 5" U O� LL W LL z LLI z d, 0 I-- W w 0 a LU ''F- v♦ 1 LL LL 0 HOLE MONTE5 tbJl m C u F- a OCT 19 2000 10:00 19412623074 PAGE.29 10028 N t7I m N x M N O m m .0 o0 00 o° C CD 0 0 m co � to Q co CV 69 69 o O V- O O b9 o a O c O O co m 69 69 69 a. � Cl O O o ' O O p w 0 69 69 6~9 m .0 0. p 609 p p M o 0 C 0 CA CO N m bpi L 69 64 n. CD ° o 0 Cl N 0 O O O 0 0 0 m `° a Do° o o O O O O r O O O O y O CO P. m h r r Nr to EA S 64 69 d3 CL Z W W O w Q W � u z w C) C1% u co m c U- ��. LL c C W c C w m J 0 FT O T- (n cn co m C u F- a OCT 19 2000 10:00 19412623074 PAGE.29 10028 N t7I m N x M N O m m .0 10/18 /00 WED 08:48 FAX 19412623074 PERMITS HOLE MOrTES Z 029 161 1 The following permits are required prior to the start of infrastructure construction: • State of Florida Department of Community Affairs Development of Regional Impact approval and Preliminary Development approval. • Collier County zoning approval. • Dredge and Fill by the United States Army Corps of Engineers. • Florida Department of Environmental Protection (FDEP) Water and Wastewater. • South Florida Water Management District Surface Water Management and Water Use. • Environmental Protection Agency NPDES. Local development orders (Collier County). • Florida Department of Transportation (FDOT) permit for median upgrades. The District Engineer will certify that all permits necessary to complete Phase 2 have either been obtained or, in its professional opinion, will be obtained and that there is no reason to believe that the necessary permits cannot be obtained for the entire development. ER OCT 18 2000 10:01 19412623074 PAGE.29 i i FIDDLER'S CREEK VOIDED CHECKS REPORT 1 6J1 VOIDED CHECK CHECK CHECK REASON FOR NUMBER AMT DATE DESCRIPTION VOID 1213 200.00 1/28/00 LARRY MULLINS MTG UNATTENDED 1253 200.00 3 /l /00 Q GRADY MINOR MTG CANCELLED 1254 200.00 3 /l /00 LARRY MULLINS MTG CANCELLED 1255 200.00 3 /l /00 CLIFFORD OLSON MTG CANCELLED 1256 200.00 3 /l /00 PAUL RIEGELHAUPT MTG CANCELLED 1258 200.00 3/1/00 ARTHUR WOODWARD MTG CANCELLED 1291 200.00 4/10/00 Q GRADY MINOR MTG CANCELLED 1292 200.00 4110/00 LARRY MULLINS MTG CANCELLED 1293 200.00 4 /10 /00 CLIFFORD OLSON MTG CANCELLED 1294 200.00 4/10/00 PAUL RIEGELHAUPT MTG CANCELLED 1298 200.00 4 /10 /00 ARTHUR WOODWARD MTG CANCELLED 1325 200.00 5 /l /00 ARTHUR WOODWARD MTG UNATTENDED 1361 165.75 5/31/00 KINKO'S PD BY GULF BAY 1471 200.00 9/13/00 Q GRADY MINOR MTG CANCELLED 1472 200.00 9/13/00 LARRY MULLINS MTG CANCELLED 1473 200.00 9/13/00 CLIFFORD OLSON MTG CANCELLED 1474 200.00 9/13/00 PAUL RIEGELHAUPT MTG CANCELLED 1475 200.00 9/13/00 ARTHUR WOODWARD MTG CANCELLED r 0 M M +j 0 E G ro u u ra ro a U) -0 Q) N O 1611 v I I I I I I I I I I I I 1 I I I I I I I I I i I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 1 I I I I 1 I I I I I I I I I I I I I I I I I I I I f I 1 1 i l l l l l l t I: 11 1 1 I 1 1 1 1 1 1 h 4 1 1 f l l l t 1 1 1 1 C I I I I I I I I I I I I a) I I I I I I I I I I I I O M I I I I I I 1 1 1 1 1 1 I I I I I I I I I I I I O N O I I I I 1 1 1 1 1 1 1 1 \ .. 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I N U1 m b m 0 0 0 0 b �7 0 U 0 0 ,� o ,� b 0 o b o 0 (d o � b N 0 0 u o o ai o w -W . rq O o ,--r E m N H H 00 00 N r l l� rl Hri N N N L N N 11 0 0 0 0 O O 00 00 o cn H 16J1 0 lid qj A rJ eS. f� 'N V D Z O W W O V CA c a c ro 'u G c c 0 V L 0 0 0 0 N o � M b � c � a a� 16J1 Fiddler's Creek Community Development District Series 1996 Special Assessment Bonds 16JI For the Month Ended September 30, 2000 Source of Funds Deposit to Construction Account Deposit to Cost of Issuance Account Deposit to Capitalized Interest Account Deposit to Debt Service Reserve Account Costs of Issuance & Underwriters' Discount Interest from Cost of Issuance Account Interest from Construction Account (includes accrued interest) total sources Use of Funds Costs of Issuance Bond Counsel- White & Case District Counsel- Woodward, Pires et al Trustee Counsel- Nabors, Giblin & Nickerson Financial Consultant- Fishkind & Associates Costs of Issuance & Underwriters' Discount District Manager- Moyer & Associates Deposit to Capitalized Interest Account Deposit to Reserve Account Document Printing- Allied Printing total costs of issuance Construction Year to Projects Date Amounts Overall Paid /Rec'd by Variance Budget Bond Funds (Fay.) - Unfay. $15,100,000.00 $15,100,000.00 $0.00 $151,894.10 $151,894.10 $0.00 $2,701,580.90 $2,701,580.90 $0.00 $1,953,375.00 $1,953,375.00 $0.00 $303,150.00 $303,150.00 $0.00 $988.04 $988.04 $0.00 $645,268.64 $645,268.64 $0.00 $20,856,256.68 $20,856,256.68 $0.00 Construction Year to Projects Date Amounts Overall Paid /Rec'd by Variance Budget Bond Funds Fay. - ( Unfay.) $101,966.60 $101,966.60 $0.00 $18,032.54 $18,032.54 $0.00 $5,000.00 $5,000.00 $0.00 $26,541.98 $26,541.98 $0.00 $345,254.17 $345,254.17 $0.00 $10,000.00 $10,000.00 $0.00 $2,701,580.90 $2,701,580.90 $0.00 $1,953,375.00 $1,953,375.00 $0.00 $1,676.00 $1,676.00 $0.00 $5,163,427.19 $5,163,427.19 $0.00 Fiddler's Creek Community Development District J 1 Series 1996 Special Assessment Bonds Construction Year to Construction Costs Transferred Improvements Roadway Utilities - Water /Sewer /Irrigation Earthwork & Clearing Stormwater Management Roadway Lighting Landscaping Recreation, Parks & Security Offsite Improvements total transferred improvements soft Costs Hole, Montes & Associates George Botner ASLA White & Case - (work for refunding 1996 bonds) 951 Land Holdings JV - Management Fee Law Engineering - Geotechnical total soft costs Phase IA $163,019.67 Soft Costs 200000 Roadways 302000 Water Mains 302320 Sewer Mains 303315 Irrigation Mains 303340 Drainage 304000 Excavation 306600 Security 308820 Landscape 308840 Signage 308860 Guymann Construction Various Projects Date Amounts Overall Paid /Rec'd by Variance Budget Bond Funds Fay. - (Unfay.) $163,019.67 $163,019.67 $0.00 $439,353.51 $439,353.51 $0.00 $2,519,567.53 $2,519,567.53 $0.00 $229,760.71 $229,760.71 $0.00 $83,111.67 $83,111.67 $0.00 $573,001.49 $573,001.49 $0.00 $131,230.63 $131,230.63 $0.00 $228,181.97 $228,181.97 $0.00 $4,367,227.18 $4,367,227.18 $0.00 $479,320.84 $479,320.84 $0.00 $10,249.08 $10,249.08 $0.00 $18,963.50 $18,963.50 $0.00 $440,327.68 $440,327.68 $0.00 $2,930.01 $2,930.01 $0.00 $951,791.11 $951,791.11 $0.00 $4,536.09 $4,536.09 $0.00 $44,606.85 $44,606.85 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,850.00 $1,850.00 $0.00 $0.00 $0.00 $0.00 $2,000.00 $2,000.00 $0.00 $113,809.60 $113,809.60 $0.00 $563,096.52 $563,096.52 $0.00 $60,895.16 $60,895.16 $0.00 $811,063.03 $811,063.03 $0.00 total Phase 1A $1,601,857.25 $1,601,857.25 $0.00 Fiddler's Creek Community Development District 1,6J1 Series 1996 S _ pedal Assessment Bonds Construction Year to Projects Date Amounts Construction Costs Overall Paid /Rec'd by Variance Budget Bond Funds Fay. - (Unfay.) Phase IB Soft Costs 200000 $72,114.43 $72,114.43 $0.00 Roadways 302000 $37,427.50 $37,427.50 $0.00 Water Mains 302320 $0.00 $0.00 $0.00 Sewer Mains 303315 $0.00 $0.00 $0.00 Irrigation Mains 303340 $0.00 $0.00 $0.00 Drainage 304000 $1,200.00 $1,200.00 $0.00 Excavation 306600 $36,069.78 $36,069.78 $0.00 Security 308820 $95,220.00 $95,220.00 $0.00 Landscape 308840 $2,200,834.01 $2,200,834.01 $0.00 Signage 308860 $99,867.58 $99,867.58 $0.00 Guymann Construction Various $5,925,915.29 $5,925,915.29 $0.00 total Phase 1B $8,468,648.59 $8,468,648.59 $0.00 Phase 2 Soft Costs 200000 $0.00 $0.00 $0.00 Roadways 302000 $0.00 $0.00 $0.00 Water Mains 302320 $0.00 $0.00 $0.00 Sewer Mains 303315 $0.00 $0.00 $0.00 Irrigation Mains 303340 $0.00 $0.00 $0.00 Drainage 304000 $0.00 $0.00 $0.00 Excavation 306600 $0.00 $0.00 $0.00 Security 308820 $0.00 $0.00 $0.00 Landscape 308840 $0.00 $0.00 $0.00 Signage 308860 $0.00 $0.00 $0.00 Guymann Construction Various $96,890.67 $96,890.67 $0.00 total Phase 2 $96,890.67 $96,890.67 $0.00 Future Projects total construction costs total costs overall available remaining funds truction Account of Issuance Account Total $206,414.69 $0.00 $206,414.69 $0.00 $206,414.69 $15,486,414.80 $15,486,414.80 $0.00 $20,856,256.68 $20,649,841.99 $206,414.69 $206,414.69 Fiddler's Creek Community Development District Series 1.999 Special Assessment Revenue Bonds For the Month Ended September 30, 2000 Source of Funds Deposit to Construction Account Deposit to Cost of Issuance Account Deposit to Capitalized Interest Account Deposit to 1999A Reserve Account Deposit to 1999B Reserve Account Costs of Issuance & Underwriters' Discount Interest Income (including Accrued Interest) total sources Use of Funds Costs of Issuance Deposit to Capitalized Interest Account Deposit to 1999A Reserve Account Deposit to 1999B Reserve Account Bond Counsel- White & Case District Counsel- Woodward, Pires and Lombardo Trustee - Suntrust Bank Trustee Counsel- Nabors, Giblin & Nickerson Financial Consultant- Fishkind & Associates, Inc. Underwriters' Discount District Manager- Severn Trent/Moyer & Assoc. Document Printing- Allied Printing, Inc. total costs of issuance 'bJl Construction Year to Projects Date Amounts Overall Paid /Rec'd by Variance Budget Bond Funds (Fay.) - Unfay. $13,589,592.84 $13,589,592.84 $0.00 $175,000.00 $175,000.00 $0.00 $1,772,584.03 $1,772,584.03 $0.00 $791,231.55 $791,231.55 $0.00 $675,161.58 $675,161.58 $0.00 $241,430.00 $241,430.00 $0.00 $11,190.99 $592,954.49 ($581,763.50) $17,256,190.99 $17,837,954.49 ($581,763.50) Construction Year to Projects Date Amounts Overall Paid /Rec'd by Variance Budget Bond Funds Fay. - ( Unfay.) $1,772,584.03 $1,772,584.03 $0.00 $791,231.55 $791,231.55 $0.00 $675,161.58 $675,161.58 $0.00 $100,000.00 $100,000.00 $0.00 $11,075.80 $11,075.80 $0.00 $6,000.00 $6,000.00 $0.00 $2,500.00 $2,500.00 $0.00 $20,000.00 $20,000.00 $0.00 $211,128.51 $211,128.51 $0.00 $10,000.00 $10,000.00 $0.00 $4,115.01 $4,115.01 $0.00 $3,603,796.48 $3,603,796.48 $0.00 Fiddler's Creek Community Development District 16JI Series 1999 Special Assessment Bonds Construction Year to Projects Date Amounts Construction Costs Overall Paid/Rec'd by Variance Code Budget Bond Funds Fay. - (Unfay.) Genera! Development Soft Costs 200000 $941,584.00 $640,267.80 $301,316.20 Environmental 301000 $102,500.00 $111,655.50 ($9,155.50) Roadways 302000 $485,400.00 $9,257.00 $476,143.00 Tunnels 302215 $175,000.00 $219,747.22 ($44,747.22) Water Mains 302320 $185,614.00 $0.00 $185,614.00 Street Lighting 303300 $96,150.00 $143,436.00 ($47,286.00) Sewer Mains 303315 $359,619.00 $77,957.12 $281,661.88 Irrigation Mains 303340 $647,083.00 $34,810.00 $612,273.00 Drainage 304000 $935,085.00 $494,639.73 $440,445.27 Clearing 305000 $885,000.00 $246,288.45 $638,711.55 Excavation 306600 $7,223,806.00 $5,761,402.18 $1,462,403.82 Security 308820 $238,160.00 912.30 $136, $101,247.70 Fountains 308810 $112,400.00 $112,226.90 $173.10 Landscape 308840 $776,000.00 $258,378.00 $517,622.00 Signage 308860 $54,000.00 $18,518.32 $35,481.68 Median Landscape 308880 $350,000.00 $202,304.73 $147,695.27 total general development $13,567,401.00 $8,467,801.25 $5,099,599.75 Future Projects $84,993.51 $0.00 $84,993.51 total construction costs $13,567,401.00 $8,467,801.25 $5,099,599.75 total costs overall $17,256,190.99 $12,071,597.73 $5,184,593.26 available remaining funds $5,766,356.76 truction Account of Issuance Account Total $5,766,241.80 $114.96 MEMORANDUM TO: Sue Filson, Administrative Assistant Board of County Commissioners FROM: Derek Johnssen, General Accounting Manager{ Clerk of the Circuit Court/Finance Department ``11 DATE: March 8, 2001 16J1 ' a Misc. Correspondence Agenda Date Agenda Item # RECr-,ivr""- MAk 6 80&'d of County Commissioners RE: Miscellaneous Correspondence - BCC Agenda Please place the following items on the next available BCC agenda and call me at extension 8350 with the date and Miscellaneous Correspondence agenda item number. Fiddler's Creek Community Development District 1. Pursuant to Florida Statutes Chapters 189 and 190, Fiddler's Creek Community Development District, has submitted the following: (a) Minutes for January 24, 2001 Meeting (b) Financial Statement - Unaudited - December 31, 2000 Thank you ij especial \special Fiddler's Creek Community Development District 10300 N.W. 11th Manor • Coral Springs, Florida 33071 • Telephone: (954) 753 -0380 • Fax: (954) 755 -6701 Date: Memorandum To: Reference: From: March 2, 2001 Clerk of the Circuit Court Finance Dept. c/o Derrick Johnssen 2671 Airport Rd., Court Plaza III P.O. Box 413016 Naples, Florida 34112 -3016 Mr. Robert Fernandez Collier County Manager Governmental Center 3301 East Tamiami Trail Administrative Bldg, Second Floor Naples, Florida 34112 Anthony Pires, Esq. Woodward, Pires & Lombardo 801 Laurel Oak Drive, Suite 710 Naples, Florida 34108 Russ Baker CPA Schultz, Chaipel & Company 12660 World Plaza Lane, Unit 73 Fort Myers, Florida 33907 Minutes of Meeting held January 24, 2001 Gary L. Moyer Manager 1001 I A)J1 �- Enclosed for your records is a copy of the minutes of a meeting held by the Board of Supervisors of Fiddler's Creek Community Development District as referenced above. GLM /eh 0 AHNUTES OF MEETING FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT The regular meeting of the Board of Supervisors of Fiddler's Creek Community Development District was held on Wednesday, January 24, 2001 at 10:00 A.M. at the Gulf Bay Club and Spa at Fiddler's Creek, 3470 Club Center Boulevard, Naples, Florida. Present and constituting a quorum were: I 6 J 1 , Paul Riegelhaupt Chairman Assistant Secretary a 0 Also present were: Clifford Olson Vice Chairman Grady Minor Assistant Secretary Arthur Woodward Assistant Secretary a 0 Also present were: James P. Ward District Manager Jim Gillam District Staff Chuck Adams District Staff Tony Pires Attorney Terry Cole Engineer Mark Strain Gulf Bay Properties FIRST ORDER OF BUSINESS Roll Call Mr. Ward called the meeting to order and stated the record will reflect that all Supervisors are present at roll call. SECOND ORDER OF BUSINESS Acceptance of Resignation Submitted by Larry Mullins and Consideration of Appointment of Supervisor to Fill the Unexpired Term of Office Mr. Ward stated I have received a letter dated December 5, 2000 from Mr. Mullins which I will read into the record. "By this letter I wish to inform my fellow Board members and you of my decision to resign as a member of the Board of Trustees of the Fiddler's Creek Community Development District effective after the meeting of December 6, 2000. My current responsibilities require that I give my full attention to the work that must be done to the Estuary at Grey Oaks 312-77101 January '24, 2001 Fiddler's Creek C.D.D. project. I have thoroughly enjoyed participating on the Board and working with its wonderful members for whom I have had and retain the utmost respect. Thanks for the manner in which you have expedited the work of the Board. Sincerely, Larry Mullins." A motion to accept his resignation would be in order. Mr. Riegelhaupt stated I would like to add an addendum to that thanking Mr. Mullins for his lengthy service to the Board and to the District, if we could add that to the motion. Mr. Ward stated I will be glad to do that. If you would like, I can get a small token plaque that says, "Thank you for your support on the Board." Mr. Riegelhaupt stated that would be very nice. Mr. Ward stated we will do that for you and I will assume the motion maker and the second would accept that amendment also. Mr. Riegelhaupt stated yes. 16JI f On MOTION by Mr. Minor seconded by Mr. Olson with all in favor the resignation of Mr. Larry Mullins and a small plaque to be presented to him for for his lengthy service to the Board was accepted. Mr. Ward stated the second part of this item is to consider the appointment of a Supervisor to fill the unexpired term of office. The way in which this Statute works, the balance of the Board appoints someone to fill Mr. Mullins' unexpired term which would be November of 2002. Generally, in the early years of a District such as what we have here, the Boards will look to the primary landowner for a recommendation for someone to serve on this Board. I do know that Gulf Bay is not ready to make a recommendation to you at this point in time. It does not preclude you from moving forward, but if you would like to wait for that recommendation, you can do that and I am sure they will be ready by your next meeting or, alternatively, you may discuss it today. It is your legislative determination as to how you want to handle that matter. Mr. Riegelhaupt stated I believe we should certainly wait for the next meeting. I think Gulf Bay should make an effort to make sure we have a name by the next meeting because I do not think the Board should go on with only four members. Mr. Ward stated I will coordinate it directly with Gulf Bay so we can have a recommendation for you at the next meeting. We will add that to your agenda. 7 January'24, 2001 Fiddler's Creek C.D.D. THIRD ORDER OF BUSINESS Approval of the Minutes of the December 6, 2000 Meeting Mr. Ward stated that each Board member had received a copy of the minutes of the December 6, 2000 meeting and requested any additions, corrections or deletions. Mr. Cole stated I have a correction on page 5 about seven or eight lines from the bottom it says, "That is probably about 6 %." It should say 60 %. Mr. Riegelhaupt stated on page 3 Mr. Gillam speaks about "sophisticated investment molds." It should read "modes." Please spell Mr. Riegelhaupt correctly on page 2 also. On MOTION by Mr. Riegelhaupt seconded by Mr. Woodward with all in favor the minutes of the December 6, 2000 meeting were approved. FOURTH ORDER OF BUSINESS Staff Reports A. Attorney There not being any, the next item followed. B. Engineer 16J1 1 Mr. Cole stated the contractor continues to work on the northern part of the project which is called Phase 2A, Unit 3. He has been putting in sanitary sewer, water lines and will be working on road construction in the next two months. He has also been working to complete the finishing touches on earthwork. Mr. Woodward asked where do you send the sewage for treatment? Mr. Cole responded to the master pump station that is located near the northwestern entrance on Championship Drive. It then goes to the South County Treatment Plant. C. Manager - Financial Statements and Claims Report Mr. Ward stated if you have any questions on your financial statements, I will be glad to answer them for you. I will advise you that your year ended September 30th and your audit is required pursuant to law. That is in the process and should be completed and I hope to be able to present that to you at your next Board meeting. Mr. Olson stated it also says claims report. I did not receive one. 3 January 24, 2001 16J1 + Fiddler's Creek C.D.D. Mr. Ward stated what we were doing is removing claims reports out of the packages since they are not required to be approved by the Board under the Statute. All you will be seeing is your financials from this point on. Mr. Olson asked why don't we see the claims reports? Mr. Ward responded you can see them if you want. They are after the fact. The money has already been spent and the bills have been paid, so unless you would like to look at exactly the "accounts payable list," I do not normally provide those to Boards at this point. Mr. Riegelhaupt stated please provide the same information we have always received, because Mr. Olson has been particularly sharp in pointing out some things and it has been very useful to this Board to find out what is going on. Even though it is after the fact, it gives us certain salient information how the money is spent and for what purposes. I think we would like to continue. Is this a problem for you? Mr. Ward responded it is not a big problem for me. I guess the consternation I have with it is that they are after the fact and the monies are being spent in accordance with the budget. Financial statements are generally there to provide you with an analysis of how you are operating the District from a financial perspective and the claims reports do not provide additional information than what you otherwise see in a set of financials. Based on history, if you would like to see that, I do not have a strong opinion about it. Mr. Riegelhaupt stated I would like to see it if the Board agrees. Mr. Olson stated on page 1 of the Revenue Expense Statement, Current versus Budget, you have property appraiser fees for $30,874.45, which is 1272% of budget. Can you tell us why that is so high? Mr. Ward responded let me explain the way in which this is normally handled. We budget an amount for the property appraiser tax collector and revenue reserve within the constraints of your General Fund and your Debt Service Fund budgets. Depending upon how the bill comes to us from the constitutional office, it is either shown as a specific expenditure which is here or as a reduction to the revenue which has been accounted for. I can see we only budgeted roughly $19,000 in total for those two funds. What they billed us was more than what we budgeted for this service each year, so we will probably end up having to adjust our budget upwards next year based upon the fees that they are now charging for this service from the property appraiser. H January 24, 2001 t Fiddler's Creek C.D.D. l�Jl .1 Mr. Riegelhaupt asked relative to this item and the general format, you have year -to -date and then you have year -to -date budget. What I would really like to see is not year -to -date budget but annual budget. I can figure out if you spend more than 8% or so that month, then you are overbudget. That would explain some of these items. I am not seeing the annual budget next to the number that we have here for year -to -date. Mr. Ward responded that is actually the annual budget. I know it says year -to -date. That is way the computer program prints it out, but I cannot change those titles. Mr. Riegelhaupt asked this is the annual budget? Mr. Ward responded yes. Mr. Riegelhaupt stated that is what was very confusing. Mr. Ward stated I have had other Board members say that and I requested our software company to change that, but when they deal with 300 governments, it is hard to get them to change a word on the top of a page. Mr. Riegelhaupt stated I understand. I do not know if there are any legal connotations relative to this. Mr. Ward stated no, there are none. Mr. Riegelhaupt stated the other request I made before is we must have a better term for soft costs. That does not define anything. Mr. Ward asked where is that word? Mr. Riegelhaupt responded I do not know. It creeps in here every once in a while. It is not the right word. It is trivial and sounds like we are in the ice cream business. There must be a proper term that delineates what you call "soft costs." It seems to be professional and administrative costs. Mr. Ward stated I was going to suggest either professional or professional engineering. If you like "professional," we will change the word to "professional." Mr. Olson stated it is kind of a catch -all for everything. Mr. Ward stated that is what it is. It is permitting and engineering design and fees that are paid to the regulatory agencies. Mr. Riegelhaupt asked no one else has ever been bothered by that term? Mr. Ward responded you are the first. Mr. Minor stated we use it a lot ourselves. I hear it a lot. If you are not in business, it does not say a lot. Mr. Riegelhaupt stated I have never seen it used for this purpose. 5 January' 24, 2001 `''1 Fiddler's Creek C.D.D. Mr. Olson stated while we are looking at this, the very last page looks like we will have a surplus. Mr. Ward asked do you want to change it or is it okay? I do not have opinions. Mr. Riegelhaupt responded if it is in common use. _ Mr. Ward stated it is common use in this industry. 16J1 Mr. Riegelhaupt stated then let us leave it. Mr. Ward stated Mr. Olson, I apologize. Mr. Olson asked on the last page, there will be available funds in the amount of $5,330.400.97 remaining when this project is done. Am I reading that correctly? Mr. Ward responded at the moment, yes. That is what you are reading. Mr. Olson asked is this a total projected -out finished project or is this where we are at this time? Mr. Ward responded it is where we are at this time. As additional projects are added from your Engineer's Report, then we will move those monies up into the specific expenditure line items which both Mr. Cole and Mr. Strain actually assist me in doing as we move through this project. Mr. Olson stated when you look at the construction project's overall budget and then you look at paid and received from the bond funds, these are matching up to the penny, but in real life they are not, are they? Mr. Strain responded I never got the paperwork in the beginning, so I cannot tell you what it is you are talking about. Mr. Ward asked you are getting copies of all this, aren't you? Mr. Strain responded I have until this. I do not have what you have in front of you. Mr. Riegelhaupt asked is there an oversight that you did not get it? Mr. Strain responded after the meeting I was going to ask if I could have copies of all he has received. Mr. Ward stated I did not receive mine either. I had to steal someone's, so I assume two of them are lost somewhere. Mr. Olson, the way this works is - -and Mr. Strain actually does a super job at helping us with this - -we do the budget and the actual because most of this is done as an acquisition from the developer. We take the money out of the bottom line, the $5.3 million, and move it up to actually keep it the same. Mr. Strain tracks the actual expenditures and Mr. Cole does also, as they relate to the Engineer's Report. I do not have that level of detail, so January'24, 2001 16J1 Fiddler's Creek C.D.D. that is why you see it just down in the bottom line for me. Because we do it as an acquisition, I actually do not know that information until we actually do the acquisition, but I rely on a certification from Mr. Cole that it is in line with the original budget that we have established. Then I match the budget to actual as we go through and do those acquisitions. Mr. Olson stated as a side notice, from somebody that was not aware of that and they are looking at it, it almost looks a little too perfect. Mr. Strain stated the contracts are unit - priced contracts. They are locked into prices at the time they are signed. You have $8 million dollars and the bond is for over $13 million, so there is still $5 million unaddressed in that first column that will be added as we work out the project moving forward. Overall, we are not exceeding the total $13 million bond. Mr. Olson stated last month Mr. Riegelhaupt brought up a report on where the investments are and Mr. Gillam said he would provide that to us at this meeting. Mr. Riegelhaupt stated he provided an individual letter to myself. Mr. Gillam asked did each of you receive one? I sent one out to everybody. I apologize. I mailed it to Mr. Riegelhaupt, but I carbon copied each of you. Mr. Olson asked if you just want to copy it and put it in next month's agenda, that would be great. FIFTH ORDER, OF BUSINESS Supervisor's Requests and Audience Comments There not being any, the next item followed. SIXTH ORDER OF BUSINESS Adjournment On MOTION by Mr. Minor seconded by Mr. Woodward with all in favor the meeting was adjourned. r � Grady Minor Paul RiegelhaupC Assistant Secretary Chairman 7 AGENDA FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT Wednesday January 24, 2001 10:00 A.M. 1. Roll Call 16,11 Club & Spa at Fiddler's Creek 3470 Club Center Boulevard Naples, Florida 2. Acceptance of Resignation Submitted by Larry Mullins and Consideration of Appointment of Supervisor to Fill the Unexpired Term of Office 3. Approval of the Minutes of the December 6, 2000 Meeting 4. Staff Reports A. Attorney B. Engineer C. Manager - Financial Statements and Claims Report 5. Supervisor's Requests and Audience Comments 6. Adjournment Naples Daily News Naples, FL 34102 Affidavit of Publication Naples Daily News FIDDLER'S CREEK COMMUNITY DEV. DISTRICT - GARY MOYER 210 N UNIVERSITY DR 11301 CORAL SPRINGS FL 33071 16J1 ' REFERENCE: 052301 58189734 Notice Of Meeting Fi State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as the Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publiction in the said newspaper. PUBLISHED ON: 0117 AD SPACE: 73.000 INCH FILED ON: 01/17/01 Signature of Affiant Sworn to and Subscribed before me this day of Personally known by me F Flo SUSAN D. FLORA i OtARY My Comm Exp. 12/10104 N suc + No. CC 983546 1 1 hnmwy Ym m I 1 oaw I.D. 20LI La y Mullins 3885 Huelva Court Naples, FL 34110 Work: 941.263.4446 Home: 941.597.3234 December 5, 2000 16J1 Mr. James P. Ward Fiddler's Creek Community Development District 10300 N.W. 11th Manor Coral Springs, Florida 33071 Dear Jim: By this letter I wish to inform my fellow board members and you of my decision to resign as a member of the Board of Trustees of the Fiddler's Creek Community Development District effective after the meeting of December 6, 2000. My current responsibilities require that I give my full attention to the work that must be done to the Estuary at Grey Oaks project. I have thoroughly enjoyed participating on the Board and working with its wonderful members for whom I have had and retain the utmost respect. Jim, Thanks for the manner in which you have expedited the work of the Board. Sing "ly, Larry "114 o� Am ;2 'N 0 W 4�. 0 W 0 V 16J1 .� CD N o o E N � C E c � o -i V. 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OD �o W N N O O Ln Ln 0o O N r rn �o (04 0 0 c Ln LO Ln r r N N Q zw D U wz a z a Om H U] F H U 5 W a O E rn E z U) 00 U U W w U) x £ W O O 5 U U z 71 w H H > w F E o: co U) W W xx a ww E- H H F z z O H H E- C) C) 0 0 rl N O O O O H H M M 00 O O 16J1 C) � r r 10 N O 1-I N U1 v iS JJ m M w 0 E bl N tl� t�1 N 41 C O u u o � O U � M 1-1 � C N N H E IU 41 C 41 b cn C v w m b C 0 v .-i au x v w w w u 0 v w c v v a C] D U x W W a U a W a n Q F-4 b w w 0 dp 4J v b m 1 E N Q I E 1 N JJ C O X tJ C v u u C U Q z w El H U W h O w a El E H a U rn m rn N O O (` 1 O b � C a F14 nv op dp �dp dP do dP 0 0 0 0 0 0 0 0 0 O O O O O O O 0 0 0 0 O O O O O O O O O O O GT O O 0' O C r o1- O0 rl O 13 r O N O O N J b J 1 l0 kO ww H r-1 N H E Q U N N w N wv,x O O In O r4 rl Cn U H O O O O O co O O r 0 0 r w r- 01 O 13 r r Ln r H W ww H r-1 N H rl fi O O m N Ol m CD C) rn rn ul \D O O w w Ql m O m /b W M M M M ut u, u) In a H l/] Q H W ww E Q U z o m � wv,x w w El a a4 z z (1) Cn U m z O O z w > w om ai ww W v > z z H Q O a4 Iq W O X FCC FC W O O D H O O Q4 w H E Un H H (n a P z z i z U U) El 00wo O w w L4 rl fi O O m N Ol m CD C) rn rn ul \D O O w w Ql m O m /b W M M M M ut u, u) In ,-1 m C) -Z7 �M io0-4 vvv W 0 H O CD H m F N W � x b� cry C wv z v Kc K4 0 W � N N I a H O W En H w, q w X 12) H a w U a Wz�I waw a�z' U W C) U) �4 fx O W 41 a ro a s� H 04 o G40m N m N Kt ID rn ri v� a r r ui N �p O l0 O w O 1l O Cl f•1 O m O m � r r r r r u u7 Ln N N N U) C9 z 0 a a a4 H a W x H O U) H z w w 0 O a w E H U v m CD m O r� 0 o ro CD u 0 m H 0 0 H ro V .,I a U H W U) co 0 w x H W W U �C w W W Q� z n (sr H 2 H w aw xEl W H W W W W a z n H Q) U �-1 (a ro ro 4J ro a O o ut ro O o U 11 O 00 rt 0 0 [u a 0 o El r m O1 m 0 0 > O O cq rn ri c c r r ui N ro a ro U b G ro N N -H a� .L2 ro a H ro 0 H 16J1 1-400 C) -T w IT 4J s AS ro -11 C4 q E- I O O ri m E N W .-+ W x er a] C W 'iJ U C a) a 0 O W H -r4 ai a H 0 w i P 00 1 w q I E � U I z C) O I q a U a aa� U W .. U W 4J a ro q H q 0 O H ¢ 11 m C) ° ° ° o ° O O o ° ui ui M M C M M m Go N O O O O O O Q O O O O O O O 0 0 O O O O O m O O z H O O O r r 'n Ln N ° M m op - 1 c ui m 'r w N M m to Q z a W U E- � w q o14 a zU rn FC a H° z>1 wo ulw q [O a z a W 0 U. H W Z W O q O E CQ W FC E vi w a Wz W zz Cu w Wa ow N z a ai U a q N iJ ro U) ro a ro ra FCC ra � C yJ v ro U H n C ro m ro 1J v ul ro ro 04 +� o° m ° o o m ro ° ° FC ° ° a a U ° o ri o o C o ro °° ro ° a ro ro ° ° v ° ° P ° W 1 17 o 0 E rn N 0 E E N m N M r Q ro H r N N N 7J U) aJ C; 0 0 0 ?1 o O° o° o m E 16J1 * - oi AM 'N c o z v y O., a C C W "- p c o c U O V CD CD N CO) d � c E 0 16J1 Fiddler's Creek Community Development District Series 1996 Special Assessment Bonds 1611 For the Month Ended December 31, 2000 Construction Year to Projects Date Amounts Overall Paid /Rec'd by Variance Budget Bond Funds (Fay.) - Unfay. Deposit to Construction Account $15,100,000.00 $15,100,000.00 $0.00 Deposit to Cost of Issuance Account $151,894.10 $151,894.10 $0.00 Deposit to Capitalized Interest Account $2,701,580.90 $2,701,580.90 $0.00 Deposit to Debt Service Reserve Account $1,953,375.00 $1,953,375.00 $0.00 Costs of Issuance & Underwriters' Discouni $303,150.00 $303,150.00 $0.00 Interest from Cost of Issuance Account $988.04 $988.04 $0.00 Interest from Construction Account (includes accrued inten $649,798.16 $649,798.16 $0.00 total sources Bond Counsel- White & Case District Counsel- Woodward, Pires et al Trustee Counsel- Nabors, Giblin & Nickerson Financial Consultant- Fishkind & Associates Costs of Issuance & Underwriters' Discouni District Manager- Moyer & Associates Deposit to Capitalized Interest Account Deposit to Reserve Account Document Printing- Allied Printing $20,860,786.20 $20,860,786.20 $0.00 Construction Year to Projects Date Amounts Overall Paid /Rec`d by Variance Budget Bond Funds Fay. - (Unfay.) $101,966.60 $101,966.60 $0.00 $18,032.54 $18,032.54 $0.00 $5,000.00 $5,000.00 $0.00 $26,541.98 $26,541.98 $0.00 $345,254.17 $345,254.17 $0.00 $10,000.00 $10,000.00 $0.00 $2,701,580.90 $2,701,580.90 $0.00 $1,953,375.00 $1,953,375.00 $0.00 $1,676.00 $1,676.00 $0.00 total costs of issuance $5,163,427.19 $5,163,427.19 $0.00 Fiddler's Creek Community Development District Series 1996 Special Assessment Bonds Roadway Utilities - Water /Sewer /Irrigation Earthwork & Clearing Stormwater Management Roadway Lighting Landscaping Recreation, Parks & Security Offsite Improvements total transferred improvements Hole, Montes & Associates George Botner ASLA White & Case - (work for refunding 1996 bonds) 951 Land Holdings JV - Management Fee Law Engineering - Geotechnical total soft costs Soft Costs 200000 Roadways 302000 Water Mains 302320 Sewer Mains 303315 Irrigation Mains 303340 Drainage 304000 Excavation 306600 Security 308820 Landscape 308840 Signage 308860 Guymann Construction Various 16J1 Construction Year to Projects Date Amounts Overall Paid /Rec'd by Variance Budget Bond Funds Fay. - (Unfay.) $163,019.67 $163,019.67 $0.00 $439,353.51 $439,353.51 $0.00 $2,519,567.53 $2,519,567.53 $0.00 $229,760.71 $229,760.71 $0.00 $83,111.67 $83,111.67 $0.00 $573,001.49 $573,001.49 $0.00 $131,230.63 $131,230.63 $0.00 $228,181.97 $228,181.97 $0.00 $4,367,227.18 $4,367,227.18 $0.00 $479,320.84 $479,320.84 $0.00 $10,249.08 $10,249.08 $0.00 $18,963.50 $18,963.50 $0.00 $440,327.68 $440,327.68 $0.00 $2,930.01 $2,930.01 $0.00 $951,791.11 $951,791.11 $0.00 $4,536.09 $4,536.09 $0.00 $44,606.85 $44,606.85 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,850.00 $1,850.00 $0.00 $0.00 $0.00 $0.00 $2,000.00 $2,000.00 $0.00 $113,809.60 $113,809.60 $0.00 $563,096.52 $563,096.52 $0.00 $60,895.16 $60,895.16 $0.00 $811,063.03 $811,063.03 $0.00 total Phase IA $1,601,857.25 $1,601,857.25 $0.00 Fiddler's Creek Community Development District Series 1996 Special Assessment Bonds Soft Costs Roadways Water Mains Sewer Mains Irrigation Mains Drainage Excavation Security Landscape Signage Guymann Construction total Phase 1B Soft Costs Roadways Water Mains Sewer Mains Irrigation Mains Drainage Excavation Security Landscape Signage Guymann Construction total Phase 2 total construction costs total costs overall available remaining funds Construction Account $210,944.21 Cost of Issuance Account $0.00 Total 16J1 Construction Year to Projects Date Amounts Overall Paid /Rec'd by Variance Budget Bond Funds Fay. - (Unfay.) 200000 $72,114.43 $72,114.43 $0.00 302000 $37,427.50 $37,427.50 $0.00 302320 $0.00 $0.00 $0.00 303315 $0.00 $0.00 $0.00 303340 $0.00 $0.00 $0.00 304000 $1,200.00 $1,200.00 $0.00 306600 $36,069.78 $36,069.78 $0.00 308820 $95,220.00 $95,220.00 $0.00 308840 $2,200,834.01 $2,200,834.01 $0.00 308860 $99,867.58 $99,867.58 $0.00 Various $5,925,915.29 $5,925,915.29 $0.00 $8,468,648.59 $8,468,648.59 $0.00 200000 $0.00 $0.00 $0.00 302000 $0.00 $0.00 $0.00 302320 $0.00 $0.00 $0.00 303315 $0.00 $0.00 $0.00 303340 $0.00 $0.00 $0.00 304000 $0.00 $0.00 $0.00 306600 $0.00 $0.00 $0.00 308820 $0.00 $0.00 $0.00 308840 $0.00 $0.00 $0.00 308860 $0.00 $0.00 $0.00 Various $96,890.67 $96,890.67 $0.00 $96,890.67 $96,890.67 $0.00 $210,944.21 $0.00 $210,944.21 $15,486,414.80 $15,486,414.80 $0.00 $20,860,786.20 $20,649,841.99 $210,944.21 $210,944.21 Fiddler's Creek Community Development District Series 1999 SPecial Assessment Revenue Bonds For the Month Ended November 30, 2000 Deposit to Construction Account Deposit to Cost of Issuance Account Deposit to Capitalized Interest Account Deposit to 1999A Reserve Account Deposit to 1999B Reserve Account Costs of Issuance & Underwriters' Discounl Interest Income (including Accrued Interest) total sources Deposit to Capitalized Interest Account Deposit to 1999A Reserve Account Deposit to 1999B Reserve Account Bond Counsel- White & Case District Counsel- Woodward, Pires and Lombardo Trustee - Suntrust Bank Trustee Counsel- Nabors, Giblin & Nickerson Financial Consultant- Fishkind & Associates, Inc. Underwriters' Discouni District Manager- Severn Trent /Moyer & Assoc. Document Printing- Allied Printing, Inc. 16J1 Construction Year to Projects Date Amounts Overall Paid /Rec'd by Variance Budget Bond Funds (Fay.) - Unfay. $13,589,592.84 $13,589,592.84 $0.00 $175,000.00 $175,000.00 $0.00 $1,772,584.03 $1,772,584.03 $0.00 $791,231.55 $791,231.55 $0.00 $675,161.58 $675,161.58 $0.00 $241,430.00 $241,430.00 $0.00 $11,190.99 $677,547.96 ($666,356.97) $17,256,190.99 $17,922,547.96 ($666,356.97) Construction Year to Projects Date Amounts Overall Paid /Rec'd by Variance Budget Bond Funds Fav, - ( Unfay.) $1,772,584.03 $1,772,584.03 $0.00 $791,231.55 $791,231.55 $0.00 $675,161.58 $675,161.58 $0.00 $100,000.00 $100,000.00 $0.00 $11,075.80 $11,075.80 $0.00 $6,000.00 $6,000.00 $0.00 $2,500.00 $2,500.00 $0.00 $20,000.00 $20,000.00 $0.00 $211,128.51 $211,128.51 $0.00 $10,000.00 $10,000.00 $0.00 $4,115.01 $4,115.01 $0.00 total costs of issuance $3,603,796.48 $3,603,796.48 $0.00 Fiddler's Creek Community Development District Series 1999 Special Assessment Bonds 16J1 total construction costs total costs overall available remaining funds (Construction Account Cost of Issuance Account Total $5,330,194.67 $206.30 $13,567,401.00 $8,988,350.51 $4,579,050.49 $17,256,190.99 $12,592,146.99 $4,664,044.00 $5,330,400.97 Construction Year to Projects Date Amounts Costs Overall Paid /Rec'd by Variance Constructfon Code Budget Bond Funds Fay. - (Unfay.) [general Developm__en1 200000 $941,584.00 $715,811.47 $225,772.53 Soft Costs Environmental 301000 $102,500.00 $121,655.50 ($19,155.50) Roadways 302000 $485,400.00 $185,970.70 $299,429.30 Tunnels 302215 $175,000.00 $219,747.22 ($44,747.22) Water Mains 302320 $185,614.00 $29,420.38 $156,193.62 Street Lighting 303300 $96,150.00 $143,436.00 ($47,286.00) Sewer Mains 303315 $359,619.00 $77,957.12 $281,661.88 Irrigation Mains 303340 $647,083.00 $34,810.00 $612,273.00 Drainage 304000 $935,085.00 $494,639.73 $440,445.27 Clearing 305000 $885,000.00 $292,591.87 $592,408.13 Excavation 306600 $7,223,806.00 $5,943,943.72 $1,279,862.28 Security 308820 $238,160.00 $136,912.30 $101,247.70 Fountains 308810 $112,400.00 $112,226.90 $173.10 Landscape 308840 $776,000.00 $258,378.00 $517,622.00 Signage 308860 $54,000.00 $18,518.32 $35,481.68 Median Landscape 308880 $350,000.00 $202,331.28 $147,668.72 total general development $13,567,401.00 $8,988,350.51 $4,579,050.49 Coihmm Prnior-tc $84,993.51 $0.00 $84,993.51 total construction costs total costs overall available remaining funds (Construction Account Cost of Issuance Account Total $5,330,194.67 $206.30 $13,567,401.00 $8,988,350.51 $4,579,050.49 $17,256,190.99 $12,592,146.99 $4,664,044.00 $5,330,400.97 Each comet, Recd Copy BIG CYPRESS BASIN DF TH Psm SOUTH FLORIDA WATER MANAGEMENT DISTRICT 6089 Janes Lane, Naples, FL 34109 (941) 597 -1505 • Suncom 721 -7920 • Fax (941) 597 -4987 • www.sfwmd.gov /organ/2_bcb.hmu THE BIG CYPRESS BASIN BOARD OF THE I SIDUTH FLORIDA WATER MANAGEMENT DISTRIC MEETING AGENDA c--� 7:00 P.M. 16J1 Wednesday, February 28, 2001 Collier County Commission Chambers, Third Floor Collier County Government Center, Building F Naples, Florida This Meeting is Open to the Public. All or part of this meeting may be conducted by means of or in conjunction with communications media technology, specifically by telephonic conference in order to permit maximum participation by Basin Board Members. REGULAR BUSINESS MEETING AND WORKSHOP ON SOUTHERN GOLDEN GATE ESTATES RESTORATION PROJECT MANAGEMENT PLAY WITH U'.S. ARMY CORPS OF ENGINEERS CALL TO ORDER A. Invocation B. Pledge of Allegiance to the Flag of the United States of America C. Approval of Minutes of Big Cypress Basin Board Meeting of January 26, 2001 AGENDA REVIEW Vlisc. Corres: A. Additions, Deletions, Substitutions to Agenda B. Approval of Agenda a U C. Abstentions date. NEW BUSINESS Item# Presentation on the 2000 - 2001 Drought Copses To: Presentation only: No action required. 2. Review of Fiscal Year 2000 Annual Report Presentation only: No action required. 3. Workshop on the Southern Golden Gate Estates Project Management Plan Presentation only: No action required. BIG CYPRESS BASIN GOVERNING BOARD DIRECTOR Trudi K. Williams, Chairperson, Ex officio - Ft. Myers Patricia Carroll, Secretary - Naples JoAnn Smallwood - Naples Clarence S. Tears, Jr. Mary Ellen Hawkins, Vice Chair - Naples Garrett S. Richter - Naples Fred N. Thomas, Jr. - Immokalee Agenda February 28, 2001 Page 2 OTHER BUSINESS 4. Staff Reports A. Disbursements Staff Recommendation: Staff recommends approval B. Contract Account Report C. Financial Reports D. Hydrologic Report E. Staff Activity Report PUBLIC COMMENT 16J1 Anyone wishing to discuss matters of interest which are not on the agenda should complete a speaker card and submit it to the Big Cypress Basin Representative prior to the start of Public Comment. Any material for Board consideration must be submitted to the Big Cypress Basin Administration Office at least 48 hours in advance of scheduled meeting. BOARD COMMENT ADJOURNMENT The next Big Cypress Basin Board meeting is scheduled for April 6, 2001, at the Collier County Commission Chambers, Third Floor, Collier County Government Center, Building F, Naples, Florida. Please note that if a person decides to appeal any decision made by the Board with respect to any matter considered at the above cited meeting or hearing, it will be necessary to provide a record of the proceedings, and for such purpose, will need to ensure that a verbatim record of the proceedings is made by a certified court reporter. Persons with disabilities who need assistance may contact Ann Christian, (941) 597 -1505, at least forty-eight (48) hours before the meeting to make appropriate arrangements. If you are hearing or speech impaired, please contact the Big Cypress Basin by calling (561) 697 -2574. Those persons who desire more information, or those wishing to submit written or physical evidence may contact Ann Christian, Big Cypress Basin, 6089 Janes Lane, Naples, Florida 34109, (941) 597 -1505. FROM DATE MEMORANDUM Sue Filson, Administrative Assistant Board of County Commissioners Derek Johnssen, General Accounting Manager Clerk of the Circuit Court/Finance Department March 8, 2001 16J1'; Misc. Correspondence Agenda Date Agenda Item # RECEIVED MAR 0 8 2001 Board of County Commissioners RE: Miscellaneous Correspondence - BCC Agenda Please place the following items on the next available BCC agenda and call me at extension 8350 with the date and Miscellaneous Correspondence agenda item number. North Naples Fire Control & Rescue District 1. Pursuant to Florida Statutes Chapters 189 and 190, North Naples Fire Control & Rescue District, has submitted the following: (a) Schedule of Regular Meetings (b) Registered Agent & Registered Office (c) District Map (d) Facility Record Thank you lspeciahspecial North NaplesFire Control & Rescue D'Isi r lict 1780 Immokalee Road • Naples, Florida 34110 (941) 597 -3222 • Fax (941) 597 -7082 February 7, 2001 16JI Mr. Derek Johnssen General Accounting Manger P. O. Box 413016 Naples, FL 34101 -3016 Dear Mr. Johnssen: Please find the enclosed reports that are required of Independent Special Districts reporting to local governments. I hop you find everything to be satisfactory. Please let me know if I can be of further assistance. Sincerely, Lisa Stefan 2 12001 Executive Assistant FINANCE North NaplesFire Control & Rescue DlisfrIct February 7, 2001 1780 Immokalee Road • Naples, Florida 34110 (941) 597 -3222 • Fax (941) 597 -7082 Mr. Derek Johnssen General Accounting Manger P. O. Box 413016 Naples, FL 34101 -3016 Dear Mr. Johnssen: 16J1 RE: Schedule of regular meeting for the North Naples Fire Control & Rescue District's Board of Fire Commissioners. The North Naples Fire Control & Rescue District's Board OF Fire Commissioners meet on the second Thursday of every month at 9:00 A.M. SPECIAL DISTRICT REPORTING . 16JI Section 189.416, Florida Statutes, requires that each special district in the state designate a registered office and a registered agent and file this information with the Department of Community Affairs and the local governing authority, Collier County Board of County Commissioners. Any changes in rogiotorod agont and rogietorod office rnuEt be reported to the above named 2gendes in the space below, please provide the correct name and address of your current registered agent: DISTRICT NAME REGISTERED AGENT REGISTERED OFFICE North Naples Fire Control & Resrue District Chief James W. Tobin 1441 Pine Ridge Road In addition, please provide the telephone 'number of your registered agent. PHONE NUMBER (941) 597 -3222 (941) 597 -7082 Indicate your district's status (dependent or independent) by marking an X in the appropriate space. (See Section 189.403, Florida Statutes, for definitions.) DEPENDENT INDEPENDENT X. If the actual location of your special district office is different from that of your registered agent, provide the district's business address in the space below: Please return this form, to the address below: Collier County Courthouse Finance Department ATTN:. Dere� Joh�ss�r7 P.O. Box 413016 Naples,, FL 33941.3016 JAN - 26-1995 11:19 FP.OM 911 OFFICE COLLIER CO SO. TO 95977032 P. b4.�. lk i3 W Ln i i - z r FACILITY RECORD NORTH NAPLES FIRE CONTROL & RESCUE DISTRICT TOTAL SQ FT: 9050 APPARATUS AND EQUIPMENT Date Updated: 02/15/01 FACILITY NAME STATION 40 PUMPERS: 0 ADDRESS 1441 Pine Ridge Road, Naples, FL 34109 UTILITY DESCRIPTION TANKERS: CAPACITY: FIRE STATION DEMAND: EMERGENCY RESPONSE FIRE & RESCUE LAND SIZE: 1.2 CONSTRUCTION TYPE: CBS BUILDING SIZE: LIVING QUARTERS: 3100 GARAGE: 3280 WORK AREA: 600 OFFICE: STORAGE: 1750 320 1 f TOTAL SQ FT: 9050 APPARATUS AND EQUIPMENT ENGINES: 1 LADDERS: PUMPERS: 0 SQUAD: HOSE: 0 UTILITY ANTIQUE: TANKERS: BRUSH: 0 COMMAND: WOODS: 0 STAFF: TOTAL APPARATUS: 1 STAFFING SHIFT SHIFT COMMANDER: 0 LIEUTENANT: 3 ENGINEERS: 6 FIRE FIGHTER: 3 TOTAL STAFF: 12 SERVICE AREA AREA SIZE: 18 Sq Miles AREA TYPE: Urban AREA POPULATION: 16,500 CALLS PER YEAR: 2,130 AVERAGE RESPONSE TIME: 4.00 Minutes If 41 FACILITY RECORD NORTH NAPLES FIRE CONTROL & RESCUE DISTRICT FACILITY NAME STATION 42 ADDRESS 7010 Immokalee Rd, Naples, FL 34119 DESCRIPTION Date Updated:02 15 01 CAPACITY: FIRE STATION DEMAND: EMERGENCY RESPONSE FIRE & RESCUE LAND SIZE: 2.5 CONSTRUCTION TYPE: CBS BUILDING SIZE: LIVING QUARTERS: 1680 GARAGE: 1741 WORK AREA: 0 16J1 + OFFICE: 60 STORAGE: 189 TOTAL SQ FT: APPARATUS AND EQUIPMENT ENGINES: 1 PUMPERS: 0 HOSE: 0 TANKERS: 0 BRUSH: 1 WOODS: 0 TOTAL APPARATUS: 2 STAFFING SHIFT FIRE PREVENTION LIEUTENANT: 3 ENGINEERS: 3 FIRE FIGHTER: 6 TOTAL STAFF: 12 SERVICE AREA AREA SIZE: 31 Sq Miles AREA TYPE: Urban AREA POPULATION: 8,000 CALLS PER YEAR: 900 AVERAGE RESPONSE TIME: 5.00 Minutes 3670 LADDERS: 0 SUPPORT: 0 UTILITY: 0 COMMAND: 0 STAFF: 0 ADMINISTRATION CLERICAL FACILITY RECORD NORTH NAPLES FIRE CONTROL & RESCUE DISTRICT FACILITY NAME STATION 43 ADDRESS 16325 Vanderbilt Dr, Bonita Shores, FL 34134 DESCRIPTION Date Updated:02 15 01 CAPACITY: FIRE STATION DEMAND: EMERGENCY RESPONSE FIRE & RESCUE LAND SIZE: .80 CONSTRUCTION TYPE: CBS BUILDING SIZE: LIVING QUARTERS: 3614 GARAGE: 3600 WORK AREA: 767 OFFICE: 96 STORAGE: 800 TOTAL SQ FT: 8877 APPARATUS AND EQUIPMENT ENGINES: 1 LADDERS: 0 PUMPERS: 1 SUPPORT: 0 HOSE: 0 UTILITY: 0 ANTIQUE 1 TANKERS: 0 BRUSH: 0 COMMAND: 0 WOODS: 0 STAFF: 0 TOTAL APPARATUS: 3 STAFFING SHIFT FIRE PREVENTION LIEUTENANT: 3 ENGINEERS: 3 FIRE FIGHTER: 3 TOTAL STAFF: 9 SERVICE AREA AREA SIZE: 10 Sq Miles AREA TYPE: Urban AREA POPULATION: 9,500 CALLS PER YEAR: 1050 AVERAGE RESPONSE TIME: 4.04 Minutes ADMINISTRATION 16J1 CLERICAL FACILITY RECORD NORTH NAPLES FIRE CONTROL & RESCUE DISTRICT FACILITY NAME STATION 44 Date Updated:02 15 01 ADDRESS 8970 Hammock Oak Dr., Naples, FL 34108 DESCRIPTION CAPACITY: FIRE STATION DEMAND: EMERGENCY RESPONSE FIRE & RESCUE LAND SIZE: 1 1/4 acres CONSTRUCTION TYPE: CBS BUILDING SIZE: LIVING QUARTERS: 6179 GARAGE: 3516 WORK AREA: 96 OFFICE: 270 STORAGE: 768 TOTAL SQ FT: 10,829 APPARATUS AND EQUIPMENT ENGINES: 0 PUMPERS: 0 HOSE: 0 TANKERS: 0 BRUSH: 1 WOODS: 0 BOAT: 2 ATC 1 TOTAL APPARATUS: 7 STAFFING SHIFT FIRE PREVENTION CAPTAIN 3 LIEUTENANT: 3 ENGINEERS: 6 FIRE FIGHTERS: 12 TOTAL STAFF: 24 SERVICE AREA AREA SIZE: 12 Sq Miles AREA TYPE: Urban AREA POPULATION: 19,000 CALLS PER YEAR: 1,700 AVERAGE RESPONSE TIME: 4.4 Minutes LADDERS: 1 SUPPORT: 1 UTILITY: 0 SQUAD: 1 COMMAND: 0 STAFF: 0 ADMINISTRATION 16J1 " CLERICAL FACILITY RECORD NORTH NAPLES FIRE CONTROL & RESCUE DISTRICT FACILITY NAME STATION 45 Date Updated: 02/15/01 ADDRESS 1780 Immokalee Road, Naples, FL 34110 DESCRIPTION CAPACITY: FIRE STATION DEMAND: EMERGENCY RESPONSE FIRE & RESCUE LAND SIZE: BUILDING SIZE TRAIN TOWER GENERAL BLDG. 6.5 acres LIVING QUARTERS: 7,619 GARAGE: 6,923 RESIDENTIAL 4,028 ASSEMBLY 2,707 TOTAL SQ FT: APPARATUS AND EQUIPMENT ENGINES: TOWER: 1 SQUAD: 1 UTILITY: 1 HAZ TRAILER: 3 TOTAL APPARATUS: STAFFING SHIFT SHIFT COMMANDER: I ENGINEER: 6 FIRE FIGHTER 6 ENGINEERS: 6 28 FIRE PREVENTION FIRE MARSHAL 1 CAPTAIN 2 INSPECTOR 6 TOTAL STAFF: 44 SERVICE AREA AREA SIZE: 17 Sq Miles AREA TYPE: Urban AREA POPULATION: 20,000 CALLS PER YEAR: AVERAGE RESPONSE TIME: 4 Minutes CONSTRUCTION TYPE 21,277 2,332 308 SRV: TRAINING VEHICLE FPB: COMMAND: STAFF: 9 ADMINISTRATION CHIEF 1 DIV. CHIEF 2 DEPUTY. CHIEF 1 BAT. CHIEF 2 CAPTAIN 1 LIEUTENANT 1 PUBLIC INFOR. 2 FINANCIAL OFFICER 1 EXECUTIVE ASST. I CBS 16J1 1 9 4 CLERICAL BOOKKEEPER I CLERICAL 3 FACILITY RECORD NORTH NAPLES FIRE CONTROL & RESCUE DISTRICT FACILITY NAME STATION 46 ADDRESS 3410 Pine Ridge Road DESCRIPTION CAPACITY: FIRE STATION LAND SIZE: 3.2 ACRES BUILDING SIZE: RESIDENTIAL STORAGE TOTAL SQ FT: 7,960 APPARATUS AND EQUIPMENT ENGINES: 1 BRUSH 1 TOTAL APPARATUS 2 STAFFING SHIFT FIRE PREVENTION CAPTAIN LIEUTENANT: 2 ENGINEERS: 3 FIRE FIGHTERS: 6 TOTAL STAFF: 12 SERVICE AREA AREA SIZE: 16 Sq Miles AREA TYPE: Urban AREA POPULATION: 17,000 CALLS PER YEAR: AVERAGE RESPONSE TIME: 4 Minutes Date Updated: 02 /15/01 DEMAND: EMERGENCY RESPONSE FIRE & RESCUE CONSTRUCTION TYPE: CBS 7960 ADMINISTRATION 16J1 CLERICAL Agenda Fiala Collier County Metropolitan Planning Organization Carter Henning Friday, January 26, 2001 Mac "Kie cokwe 1:00 P.M. Collier County Government Center Building "F ", 3rd Floor Board of County Commissioners Meeting Room ... Naples, Florida 16J1 Notice: This meeting of the Collier County Metropolitan Planning Organization (MPO) is open to the public and citizen input is encouraged. Any person wishing to speak on any scheduled item may do so upon recognition by the Chairman. Any person desiring to have an item placed on the agenda shall make a request in writing, with a description: and summarization of the item, to the MPO Coordinator at least 14 days prior to the date of the next scheduled meeting of the MPO. Any person who decides to appeal a decision of this board will need a record of the proceedings pertaining thereto, and therefore may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based 1. Addenda to the Agenda 2. Approval of Minutes of December 8, 2000 3. Public Hearing Long Range Transportation Plan Update 2025 Financially Feasible Network 4. Old Business None 5. New Business A. Amendment to the Transportation Improvement Program for FY 2001/02 to 2005/06 B. CTST Update C. 2001 MPO Meeting Schedule 6. FDOT Remarks 7. Miscellaneous Announcements and Correspondence - None 8. Adjourn 4 'ts�• CID" . Y 0 r Copies `�� Jan 25 01 06:01p Collier Coun Fiala ✓ Carter t7'7' Aloft Henning j Mec'Kie Coletta tv Government p.I Department of Public Information Contact: Deborah Wight, Coordinator Public Information 3301 East Tamiami Trail 774.8308 Naples, FL 34112 (941) 774.8999 16J 1 Jan. 25, 2001 FOR IMMEDIATE RELEASE The Select Committee on Community Character and Design a Jan. 0 at 2 p.m. in Conference Room E at the Community Development and Environmental Division, Collier County Development Services Center, 2800 N. Horseshoe Drive, Naples. The committee will be meeting with the Dover, Kohl and Partners, and Glatting Jackson firms to review drafts of the greenspace element and the mobility framework manual of the Community Character and Design Master Plan. The Select Committee on Community Character and Design also meet EnW dnesd y, Jan. 31 at 2 p.m. in Conference Room E at the Community Development Services Division, Collier County Development Services Center. The committee will be meeting with Dover, Kohl and Partners to review the draft of the urban and rural design manual of the Community Character and Design Master Plan. The meetings are open to the public. For more information, call Amy Taylor, principal planner with the Collier County Planning Services Department, at 403 -2300. Feb 16 01 10:35a p.2 NOTICE OF MEETING & AGENDA COLLIER COUNTY HISPANIC AFFAIRS ADVISORY BOARD Fiala THURSDAY, FEBRUARY 22, 2001 Carter '�� — 7:00 P.M. _,_. Henning _— Mac'Kie Golden Gate Community Center Annex Rooms 1 & 2 Colette 4701 Golden Gate Parkway Naples, Florida ******************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** NOTICES ** Public comments will be limited to 5 minutes unless permission for additional time is granted by the Chairman Collier County Ordinance No. 99 -22 requires that all lobbyists shall, before engaging in any lobbying activities (including, but not limited to, addressing the Board of County Commissioners) before the Board of County Commissioners and its advisory boards, register with the Clerk to the Board at the Board Minutes and Records Department. ******************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** AGENDA I. 7:00 P.M: Meeting called to order and determination of quorum. 16 V 1 lI. Approval of minutes of the January 25, 2001 meeting. III. Designation of terms of office of new members. IV. Election of a new Chairman, Vice Chairman, and Secretary. V. Determination of excusal of absences from January meeting VI. Discussions: Discussion regarding the acquiring of new members. VII. Presentations by Board members. VIII. New business and public comments. ** Discussion regarding future topics of interest. IX. Meeting adjourns. N4isc. Corres: Dater 2LO item# IL T/8 3 Copies To: 16J1 COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION January 24, 2001 Fiala Carter Henning Mac'Kie Caletta Meeting Notice PLANNING SERVICES DEPARTMENT 2800 NORTH HORSESHOE DRIVE NAPLES, FL 34104 Rural Fringe Assessment Area Oversight Committee A meeting of the Rural Fringe Area Assessment Oversight Committee has been scheduled for Wednesday, January 31, 2001 at 4:00 p.m. The meeting will be held at Development Services Center, Conference Room E, 2800 N. Horseshoe Drive, Naples, Florida. Enclosed please find an agenda for the meeting. If you have any questions regarding this matter, please contact me at the Collier County Planning Services Department (403- 2400). Linda Bedw yen Planning Technician misc. Corres: Date: Item# i t TI !--�L4 Copies To: PHONE (941) 403 -2400 FAX (941) b46 -0y00 W RURAL FRINGE AREA ASSESSMENT OVERSIGHT COMMITTEE MEETING DATE: MEETING TIME: LOCATION: I. CALL TO ORDER AGENDA January 31, 2001 4:00 p.m. Development Services Center, Conference Room "E ", 2800 N. Horseshoe Drive Naples, Florida II. APPROVAL OF MINUTES A) January 17, 2001 III. APPROVAL OF AGENDA IV. OLD BUSINESS 16J1 A) Continue to review and comment on the Conceptual Plan for the Rural Fringe, November 28, 2000. (Also, reference Natural Resources Protection Strategy, October 25,2000 and accompanying notes.) B) Update of Signs V. NEW BUSINESS A) North Belle Presentation (Bruce Anderson) VI. FUTURE MEETING DATES February 14, 2001 February 28, 2001 Comes: VII. GENERAL PUBLIC COMMENT Gate: VIII. ADJOURNMENT ltm# M-1 r c,, op, IP, s T; : _ 1611 RURAL FRINGE AREA ASSESSMENT OVERSIGHT COMMITTEE MINUTES JANUARY 17, 2001 Members Present Members Absent Ty Agoston Stephen Bortone(exc.) Tom Conrecode, Chairman Michael Lehn(resigned) David Ellis Chuck Mohlke(arrived about 5:10 p.m.) Gary Hayes Dawn Jantsch Patrick Miller Ray Pelletier Countv Staff Present Others Present Linda Bedtelyon, Planning Services Bruce Anderson Stan Litsinger, AICP, Comprehensive Planning Mngr. Vince Cautero Bill Lorenz, Natural Resources Director Robert Duane Margie Student, Assistant Co. Attorney Richard Woodruff CALL TO ORDER (Item I.) The meeting was held at Development Services Center, 2800 N. Horseshoe Drive, Naples, Florida, Conference room "E ". Chairman, Tom Conrecode called the meeting to order at 4:10 p.m. with a quorum present. APPROVAL OF MINUTES (Item II.) Ray Pelletier confirms committee members received his e-mail regarding amending December 13, 2000 meeting minutes, "Item V, New Business ". Ray motions minutes be approved with revision and motion passes 7:0. APPROVAL OF AGENDA (Item III.) Bill Lorenz moves that the agenda be amended to inplud �rq mmittee schedule discussion under "New Business ". After discussion 0 ments, the motion passes unanimously. OLD BUSINESS 16J1 Signs: Ray Pelletier questions the progress of the signs to be placed by the county to advertise the Rural Fringe Area. Stan Litsinger to check with Russ Muller as to when and where the signs will be placed. (Item IV.A) The Committee continued to discuss the November 28, 2000 Conceptual Plan document. The committee agreed that it was not comfortable with the boundaries of the existing NRPAs and agreed to attach the following note to its recommendations: ,'Note that the Committee still has some questions and will revisit this recommendation after seeing additional data and analysis for all the NRPAs." The Committee discussed "Functional Buffers" and agreed to the following recommendation with "open space" to be defined as the current definition in the Land Development Code: "Non- agricultura!__development_ within_ 300_ feet __of_a__na.ura!_reservation_ or__NRPA boundary_ shall__meet the _following_ criteria in__order_to reduce_ the impact of the development_on_the natural reservation or NRPA; 7 Required _open_ space _shat( be _ used_ to_ buffer _the _ natural_ reservation _ or _NRPA from_the_mosf intense uses of the project, 2The_ project_ shat !_demonstrate__protectronfr list_species__in _ proximity_to_the project_within the natural reservation_ or ......................... RWere applicable,_ provision_ shall be made _to_ accommodate_ the _movement _of_ wildlife _ through_ the _project _to_ the natural_reservat�on_or NRPA._" Added by__WDL after the_ 1 -17 -0 ?_meeting.; Useable_ open_ space sha!!_ be_ defined _as _active_ or passive_ recreation_ areas_ such _as playczrounds,_colf courses ;_ beach_ frontage ;_ waterways, _lagoons,_tloodplains, nature trails_and_ other_sim�lar open _spaces:.... pen_ space_ areas_ shall_ also include _those areas_ set_ aside_ for_preservabon_ of native _vegetation_ and _landscape_areas____Open water_ area__beyond _the_penmeter_ of_ fhe_ site,__street_ right -of way__ except _where dedicated _or _donated _for _public_ use,__driveway_s, oft- street_ parking_ areas,__and_ off: street_loading areas shall _not_be_counted_rn_determining usable_open_space (Collier County LDC). (Item IV.B) The committee agreed that it was premature to discuss these proposed policies. NEW BUSINESS (Item V.) Bill Lorenz distributes Rural Fringe schedule of Tasks and Projected Completion Dates to committee members. Several members stated they thought the committee could meet the schedule. Bruce Anderson to submit North Belle Mead data at future meeting. 16J1 Tom Conrecode asks if the vacancy left by Michael Lehn's resignation has been advertised and Linda Bedtelyon to follow up. Chuck Mohlke states that FEMA is reviewing mapping for Flood insurance and offers to bring data to next meeting. FUTURE MEETING DATES (Item VI.) February 14, 2001 February 28, 2001 GENERAL PUBLIC COMMENT (Item VII.) Richard Woodruff states that the WilsonMiller Phase I Land Cover Data is in its final version and offers to bring data from the Rural Lands study to a future Rural Fringe Committee meeting. He also invites interested parties to the Rural Lands Committee meeting on January 22, 2001 where a brief synopsis will be presented. ADJOURNMENT (Item VIII.) Tom Conrecode motions for the meeting to conclude; meeting adjourns at 6:00 p.m. *A taped and hard copy of these minutes, when approved in final form, are available at the Clerk of Courts, Minutes and Records Office, Building H, Collier County Government Complex. Fiala Carter -- Henning ,i.`A„ Mac'Kie 16JI Colette COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVIS_ION February , 2001 PLANNING SERVICES DEPARTMENT 2800 NORTH HORSESHOE DRIVE NAPLES, FL 34104 Meeting Notice Rural Fringe Assessment Area Oversight Committee A meeting of the Rural Fringe Area Assessment Oversight Committee has been scheduled for Wednesday, February 14, 2001 at 4:00 p.m. The meeting will be held at Development Services Center, Conference Room E, 2800 N. Horseshoe Drive, Naples, Florida. Enclosed please find an agenda for the meeting. If you have any questions regarding this matter, please contact me at the Collier County Planning Services Department (403- 2400). Linda Bsdte w Planning Technician PHONE 1 941 1 403-2100 V'isc. Corns: � U Date: FAX (99.1 ) 643 -6068 www.CO.Collier.fl.us Fiala Carter HernrtinD Mac'Kle V 161j "Draft Colette - 1 RURAL FRINGE AREA ASSESSMENT OVERSIGHT COMMITTEE AGENDA MEETING DATE: February 14, 2001 MEETING TIME: 4:00 p.m. LOCATION: Development Services Center, Conference Room "E ", 2800 N. Horseshoe Drive Naples, FL 34104 1. CALL TO ORDER 11. APPROVAL OF MINUTES A) January 31, 2001 III. APPROVAL OF AGENDA IV. OLD BUSINESS A) Continue to review and comment on the Draft (11- 28 -00) Conceptual Plan for The Rural Fringe and reference notes, NRP Strategy, 10- 25 -00) B) Discussion of North Belle Meade /Conservancy Actions C) Discussion of Florida Statute(s) Chapter #380 (Margie Student) V. NEW BUSINESS A) Flood Maps, GOP's (Chuck Mohlke) VI. FUTURE MEETING DATES L February 28, 2001 VII. GENERAL PUBLIC COMMENT VIII. ADJOURNMENT Fiala Carter Henning i--- Mac'Kie Colette COLLIER COUNTY AIRPORT AUTHORITY AGENDA �- DATE: February 12, 2001 161 PLACE: Marco Island Executive Airport, 2003 Mainsail Drive, Conference Room, Naples, FL TIME: 1:00pm Any person who decides to appeal a decision of this Airport Authority will need a record of the proceedings pertaining thereto and will need to ensure that a verbatim record of the proceedings is made, which record will include all testimony and evidence upon which the appeal is to be based. I. Call meeting to Order and Quorum Check II. Approval of Agenda III. Approval of December 11, 2001 Meeting Minutes IV. Administrative A. T.D.C. Program Results B. Business Plan Update C. Fuel Vender Selection V. Everglades Airpark VI. Immokalee Regional Airport A. $535,000 Fast Track Grant Cargo /Customs Building B. Skydive America Assignment of Lease VII. Marco Island Executive Airport A. FDOT Grant to Rehabilitate Parking Lot VIII Old Business A. M.O.U. Marco Airport IX. New Business X. Adjournment Copes To: 4T 113S Fiala ®_ Garter Henning Mec'Kle Colette COLLIER COUNTY AIRPORT AUTHORITY MINUTES OF DECEMBER 11, 2000 MEMBERS Monte Lazarus Gene Schmidt Herbert Noren PRESENT: Steve Price ABSENT: Ernest Spinelli STAFF: John Drury PUBLIC: Jill Greenfield Karl Geng Robert Zachary Larry Hannan Tom Palmer Gail Hambright Charles Krout I. MEETING CALLED TO ORDER AND QUORUM CHECK Meeting called to order at 1:00 p.m. and quorum was present. II. APPROVAL OF AGENDA Additions: IX -A Develop Committee to select fuel vendor Robin Doyle 16J1 Mike Bruet Mr. Lazarus moved to approve the Agenda with changes. Mr. Noren seconded the motion. Motion passed unanimously. III. APPROVAL OF MINUTES Mr. Lazarus moved to approve the minutes of November 13, 2000 meeting. Mr. Noren seconded the motion. Motion passed unanimously. IV. ADMINISTRATIVE A. Budget Committee A new Budget Committee was appointed. Mr. Price and Mr. Lazarus agreed to continue on Committee. Mr. Schmidt requested that Mr. Doyle be part of the Committee. Mr. Doyle accepted. Recommendation: The new Budget Committee consist of Mr. Price, Mr. Lazarus, and Mr. Doyle. Mr. Lazarus moved for approval of recommendation. Mr. Noren seconded the motion. Motion passed unanimously. C . a _ Z� / �'' te ltem# Copies ie. Collier County Airport Authority Minutes December 11, 2000 Page 2 B. Project Status Report Mr. Drury updated the Authority with a Project Status Report C. TDC Program Mr. Drury updated the Authority on the TDC Program. D. Retirement Contributions 16,/j Mr. Drury reported that the County offers Senior Management staff contributions to deferred compensation plans (Retirement IRA's) by matching the employee's contribution up to and not to exceed $1,5000 annually. The County offers Senior Management staff Florida Retirement benefits contributions at 12.13 %. Recommendation: That the Executive Director contract be amended to include the same retirement benefits as other County Senior Management staff. Mr. Price moved for approval of recommendation. Mr. Noren seconded the motion. Motion passed unanimously. V. EVERGLADES AIRPARK A. Tiki Hut Wild Life Observation Area Mr. Drury updated the Authority on the Tiki Hut Wild Life Observation Area at Everglades Airpark. VI. IMMOKALEE REGIONAL AIRPORT A. Airwork Lease Extension Mr. Drury reported that Airwork Enterprises of Florida, Inc. is requested an amendment to their lease with a 10 year extension. Discussion was held regarding their requested changes. Recommendation: At the end of their 2004 lease an increase of 2 cents per square foot, CPI annually based increase every year after 2004, they will be given 1 -year notice to relocate at new spot at Airport and their 10 year extension will begin this year. Mr. Doyle moved for approval of recommendation. Mr. Lazarus seconded the motion. Motion passed unanimously. Collier County Airport Authority Minutes December 11, 2000 Page 3 6J,1 VII. MARCO ISLAND EXECUTIVE AIRPORT A. Removal of Fill Mr. Drury updated the Authority on the removal of fill at the Marco Island Executive Airport. VIII. OLD BUSINESS A. Marco Taxiway M.O.U. Update Mr. Drury updated the Authority on the progress of the M.O.U. IX. NEW BUSINESS A. Develop Committee to Select Fuel Vendor Mr. Drury recommended the Chairman appoint a Fuel Vendor Committee. Mr. Geng and Mr. Spinelli were recommended. Recommendation: Appoint Mr. Geng and Mr. Spinelli to the Fuel Vendor Committee. Mr. Lazarus moved for approval of recommendation. Mr. Noren seconded the motion. Motion passed unanimously. The Authority Board commended the Director and staff on the communication and team work that has been shown throughout the year. Thanks and complements were also noted for the Holiday Luncheon for the outstanding job Mrs. Devis and Ms. Hambright did on making it a success. X. ADJOURNMENT Meeting adjourned at 1:55 p.m. Feb -07 -01 08:29 ICFD Sta 90 & EMS Sta 18 941 394 5862 Fiala Carter Henning Mac'Kie Coi® =i ISLES OF CAPRI FIRE / RESCUE ADVISORY BOARD AGENDA February 1,2001 CHIEF'S REPORT A. OPERATIONS REPORT B. VOLUNTEER REPORT C. TRAINING REPORT D. BUDGET REPORT OLD BUSINESS Update on impact fees Purchase of new pumper NEW BUSINESS Jet boat from city fire dept. P.02 16J1 BOARD AND CITIZENS' OPEN DISCUSSION Copies To: Fiala �.. Carter Henning Mac'Kie Colette COLLIER COUNTY GOVERNMENT _PELICAN BAY SERVICES DIVISION 801 LAUREL OAK DRIVE 16J1 � � � SUITE 605 NAPLES, FL 34108 (941) 597 -1749 NOTICE OF PUBLIC MEETING FAX: (941) 597 -4502 NOTICE IS HEREBY GIVEN OF A REGULAR MEETING OF THE PELICAN BAY MSTBU ADVISORY COMMITTEE AT THE FOUNDATION CENTER, 8962 HAMMOCK OAK DRIVE, NAPLES, FLORIDA 34108 ON FEBRUARY 7, 2001 at 3:00 P.M. AGENDA 1. Roll Call 2. Approval of the Minutes of the January 3, 2001 Regular Meeting 3. Pelican Bay Services District Transition Discussion 4. Administrator's Report - Clam Bay Restoration Program - Clam Bay Annual Monitoring & Improvement Schedule - Ecosystem Enhancements - Tidal Channels - Cattail Removal - Water Management System Analysis - Capital Projects - Street Lights - Street Signs - Entrance Signs - US 41 Berm Improvement - Community Issues CorreS: - US 41 Widening - US 41 Landscaping Dale: - Crown Colony Exotic Removal '] - Osprey Platform item# �� � f - Sidewalk Overlay Program - Financial Statement Review 5. Committee Requests Copies �0: 6. Audience Participation 7. Adjourn ADDITIONALLY, THIS NOTICE ADVISES THAT, IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE PELICAN BAY ADVISORY COMMITTEE, WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE WILL NEED A RECORD OF THE PROCEEDINGS AND THAT FOR SUCH PURPOSE, HE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. MINUTES OF THE PELICAN BAY MSTBU MEETING OF JANUlh, 2401 Naples, Florida LET IT BE KNOWN, that the Pelican Bay MSTBU Advisory Committee met in Regular Session on this date, January 3, 2001 at 3:00 P.M. at the Foundation Center, 8269 Hammock Oak Drive, Naples, Florida 34108 with the following members present: Mr. Lou Vlasho, Chairman (absent) Mr. Herb Hasson Mr. Joseph Bawduniak Mrs. Cornelia Kriegh Mr. Thomas Brown Mr. David Roellig Mr. James Carroll, Vice Chairman Dr. Alan Varley (absent) Mr. Edward Griffith (absent) Mr. George Werner Mr. Glen Harrell (absent) ALSO PRESENT: Approximately ten (10) Pelican Bay residents; Mr. Ed Kant, Collier County Transportation Operations Director; Mr. James P. Ward, Department Director, Pelican Bay Services Division; Mr. Kyle Lukasz, Field Manager, Pelican Bay Services Division and Mrs. Barbara Smith, Recording Secretary. AGENDA 1. Roll Call 2. Approval of the Minutes of the December 6, 2000 Regular Meeting 3. Pelican Bay Governance 4. Administrator's Report - Clam Bay Restoration Program - Ecosystem Enhancements - Tidal Channels - Cattail Removal - Capital Projects - Street Lights - Street Signs - Entrance Signs - Financial Statement Review 5. Audience Participation 6. Adjourn ROLL CALL 16J1 Mr. Carroll called the meeting to order and asked that the record show Messrs. Glen Harrell, Edward Griffith and Lou Vlasho with excused absences and Dr. Varley with an unexcused absence. APPROVAL OF THE MINUTES OF THE DECEMBER 6, 2000 REGULAR MEETING Page 4225, eighth line from the bottom, the sentence should read "By doing that it would "not" adversely impact the overall construction program for the US 41 median that the County is ibis^. Corres: working on." Date: -3-,a L Item# 10 18 4253 Copies To: 1 PELICAN BAY ADVISORY COMMITTEE 16J1" JANUARY 3, 2001 Mr. Hasson moved, seconded by Mr. Werner and approved unanimously the Minutes of the December 6, 2000 meeting, subject to the above change. PELICAN BAY GOVERNANCE Mr. Carroll reported that because of the holidays very little has happened since the last time we met. Mr. Ward stated that he does agree with the comment that there has really been very little that has occurred on all of our subjects today because of the holidays, but certainly this one. With respect to the question that came up at the last meeting as to your term expirations, the County Attorney has rewritten the Ordinance such that your terms will continue until your successors have been elected, pursuant to the provisions of the new Ordinance itself. Those of you whose terms were due to expire on January 29, 2001 have been given an additional sentence to carry out until those new terms come into being. Mr. Bawduniak asked if there were any details of the status with the County? I know that it has to go back to the County Commissioners for three issues, but do you know anything beyond that? Mr. Ward replied that he is not aware of any items going back to the County Commissioners other than one issue with the Clerk's office, which I think they are working on. The Ordinance looks to me like it is in relative final form with one minor change I have heard about. I have talked to the Supervisor of Elections and I know irrespective of her recounting all of the November ballots again for the newspapers, she is working on scheduling this election for you. Both Mr. Vlasho and I have contacted her and are working through those issues. As soon as she determines the date and how to do this election, whether it is a mail ballot or otherwise, I will certainly keep you apprized of that. Mr. Roellig asked if the Ordinance is in effect yet? Mr. Ward replied yes, the Ordinance is in effect. I believe the 8`h of December it became effective. 4252 PELICAN BAY ADVISORY COMMITTEE 16J1 '~ JANUARY 3, 2001 Mr. Roellig asked if there was an amendment to the Ordinance showing the additional wording you were talking about? Mr. Ward asked with respect to the way the board members terms expire? Mr. Roellig replied the Ordinance is fully in effect right now, as I understand it. Mr. Ward replied the Ordinance is fully in effect right now and if there is any change, it will come in the form of an amendment to this Ordinance itself. This Ordinance is in effect as it stands. Mr. Roellig stated that I believe Mr. O'Connor misspoke this morning. Mr. Bawduniak stated that he is a little confused at this moment. Mr. Roellig stated that it is his understanding that this Ordinance has been in effect since December 8th. Mr. Bawduniak asked what Mr. O'Connor meant when he was asked where does the Ordinance stand and he replied there are three minor issues in the wording that has to go back to the Board of County Commissioners? Mr. Roellig stated that I think he was misinformed. Mr. Ward explained that part of the way an Ordinance works is that when a County Commission adopts or passes an Ordinance it is filed with the Secretary of State's Office within a prescribed period of time under the law and that Ordinance becomes effective on the date that it is filed with the Secretary of State. That occurred within the prescribed time schedule and I believe it is a seven -day window from the date that it is adopted by the Commission before it's effective date, which is the filing date at the Secretary of State's Office. That occurs as a matter of law, not for any other reason. So it has occurred and becomes effective. If Mr. O'Connor has mentioned something or if there is something that needs to be changed to it, it goes back to the County Commission in the form of an Amendment to the Ordinance itself. The Ordinance that I provided to you is the adopted Ordinance of the Board of County Commissioners. Mr. Werner stated that he read the Draft Ordinance four or five times and asked if the final Ordinance had any changes? 4253 PELICAN BAY ADVISORY COMMITTEE JANUARY 3, 2001 16J1 Mr. Ward replied that my recollection was that there were some minor wording changes to deal with the issue of the board members terms expiring and that is really all I can recall. Mr. Roellig stated that the revision was to extend the life of this Committee until the new supervisors are elected. Mr. Carroll stated that the four members whose terms that were to expire and are now extended are Mr. Werner, Mr. Hasson, Dr. Varley and Mr. Griffith. Mr. Ward stated that Mr. Vlasho had mentioned that the Pelican Bay Property Owners Association is having a meeting and I believe you all received a copy of the newsletter. The meeting is Friday, January 5`h, at 4:30 PM in the Grand Ballroom of the Registry Resort. I assume the Pelican Bay Property Owners Association is putting on this meeting. My office has no involvement in it, but I did want to make you aware of that and I assume it is open to all residents of the community. Mr. Carroll stated that he read in the newspaper that the Beach Renourishment Committee is being changed and asked Mr. Roellig, how does that affect your position on the Committee? Mr. Roellig replied that it could ultimately. The County is looking at abolishing that Committee and forming a new one with three representatives from Marco Island, three from the City of Naples and three from the unincorporated area. My comment on that is if they can abolish this Committee, they can abolish that Committee. If they want me to resign they should just ask me. Mr. Carroll stated that I think your presence on that Committee has been helpful to us and I am sorry to hear that you may not be on it. Mr. Roellig replied that Ordinance is going somewhat like this one and it is somewhat of a political problem. Mr. Carroll stated that as you know, I have inherited the job of placing articles in the Pelican Bay Post. We had a rather extensive report on the Clam Bay Restoration given at the last meeting. I am wondering whether someone should write up some brief status report for the 4254 PELICAN BAY ADVISORY COMMITTEE 16J1 JANUARY 3, 2001 Post? I am raising that as a question as to whether you think that is a good idea? Can it all be done in one page or in a short amount of space? Mr. Hasson asked if we would be infringing on the Mangrove Action Committee? Mr. Carroll stated that I don't think we would be infringing. We have been working cooperatively with them. Mr. Hasson stated that the Mangrove Action Group is having their Annual Meeting and they write for the Post also. Mr. Carroll stated that would have to be coordinated, we don't want to both write the same things. We had an extensive report and I loaned my copies of those reports to Mrs. Potter so she could keep up to speed. It seems to me the principle information is flowing into this Committee. Mr. Hasson stated that my concern is that we don't have a duplication of effort. Mrs. Potter has already started with the first issue of that paper and she talked about the restoration of the mangroves. Frankly, I think it should have come from us. Mr. Carroll replied that is what is on my mind. We are the ones who sponsored and ran the entire thing, but we could certainly do that cooperatively with that Committee. I am not qualified to write that article and other than Dr. Varley or Mr. Roellig, I don't know if any of the rest of us is qualified. Shall I raise that question with Dr. Varley and Mr. Roellig to see if we ought to do something? Mr. Roellig replied that I think it would be useful to do an update. Mr. Ward replied I would be glad to do it if you should desire. Mr. Brown stated that there might be some allies that we have not tapped. We got into this restoration without knowing how much money would be spent and several million dollars later we still have dead mangroves. It is not in Pelican Bay, but it is in Pelican Bay because it is a County nature preserve area or something like that, and there are two people that might be an ally in trying to spend some dollars instead of taxing people in Pelican Bay. I think we have paid our fair share on what has been done there. Anything that is done in the future is for the benefit of the people who look out on them because I think the dying off has been halted. Two names, =255 PELICAN BAY ADVISORY COMMITTEE JANUARY 3. 2001 16J1' y one I know and that is the Collier County Airport Authority. The Airport Authority wants to cut down mangroves at the Marco Island Airport to put in a taxiway. The City of Naples people that want to close the Naples Airport should be the biggest boosters of getting that taxiway in to alleviate some of the aircraft at the Naples Airport. You go to the State and all they say is if you cut down these mangroves, what are you going to do? I have a great idea. They could restore the mangroves over here in the County preserve. That is one group that may want to fund this project and they get approval to build their taxiway and cut down mangroves because they are restoring mangroves somewhere else. Mr. Brown continued that the second, and I don't know the name of this group, is a developer that wants to put a marina on the east side of the Gordon River. If you put in a marina you are going to cut down some mangroves, but there are mangroves over here in the County where we are going to invest some money for restoration and not dump the load on the citizens of Pelican Bay that have paid through the nose enough. Whoever is in charge of this, these are two ideas and I am sure there are others. Why don't we use our heads and say what can we do to match two people up and let the County Airport Authority invest in additional mangroves out here and they get approval for their runway? Let some other developer who is going to cut down mangroves invest in the County preserve area Foundation, or our group. It has nothing to do with Pelican Bay, the Mr. Carroll asked Mr. Ward if he would draft a status report for the Pelican Bay Post? Mr. Ward replied in the affirmative. Mr. Carroll stated that he would like to see the article when you do. ADMINISTRATOR'S REPORT CLAM BAY RESTORATION PROGRAM ECOSYSTEM ENHANCEMENTS Mr. Ward reported that it has been a relatively quiet month because of the holiday schedule we have had this December. Mr. Riley's work is scheduled to be done during January, which is a month behind where we had anticipated doing it due to plant growth problems he has had where he is from. 4256 PELICAN BAY ADVISORY COMMITTEE 16J1 �. JANUARY 3, 2001 Mr. Werner stated that Mr. Turrell spoke in his report about planting some species of grass to see if they would grow in the dead area by the Strand. Has anything been done with that area or has it ended? Mr. Ward replied no. There are a number of issues with the planting of those materials other than mangroves in that area to turn it green. A portion of reviewing the storm water management system and a few other things that were recommended to you by Mr. Turrell are going to be put into an overall comprehensive review program and given you hopefully by your next meeting, showing not only your ongoing work items that we are doing each month but a status report on those larger items. As of this moment I have not done anything with respect to that. TIDAL CHANNELS Mr. Ward reported that Mr. Lewis is working on the design of the Phase III tidal channels and their locations. We expect that to occur over the next sixty to ninety days in terms of those Phase III channels. That is being done in concert with the off the subject issue we got onto last month where we are looking at some of the water management system in connection with those interior tidal channel cuts for Phase III. Once we finish that review of those tidal channels, we will provide to you Mr. Lewis's analysis and let you know when those will begin, the funding and how that will occur over time. CATTAIL REMOVAL Mr. Ward reported that the cattail removal in System III and IV would begin in April, after Easter. We will be doing it then because we need to close down the berm for a period of time to remove those cattails and that will provide the least amount of interference with the residents during the time of the year that they are here the most. Mr. Werner asked if the intention is to cut the cattails off a little above the water line and then zap them with a herbicide? Mr. Ward replied yes, we cut them off six inches above the water line and inject a chemical in the stem that will kill the entire plant. Mr. Werner asked then what do we do? Do we take the whole plant out or hope it rots? 4257 PELICAN BAY ADVISORY COMMITTEE ' JANUARY 3, 2001 Mr. Ward replied the entire plant would fall below the water line within a couple of months. Based upon Mr. Lewis's work on Phase III after that period of time we are going to take some elevations out there to find out what we have. As indicated to you previously, depending upon what those elevations looks like and the water quality, we are going to try to plant that with a species of plant that is more natural to the Clam Bay system, but that is a decision that will have to be made during the June, July, August time schedule. Mr. Werner asked if we had no intention after we remove the tops of the cattails to remove any of the bottoms? Mr. Ward replied no, the bottoms would decay. Mr. Hasson asked if we had a cost on that work? Mr. Ward replied $107,000 is the price to do that. Mr. Carroll asked if the replanting material has to be saltwater tolerant? Mr. Ward replied that I believe it does. One of the reasons we are taking the cattails out is that as we get more tidal action up in that northern area from these improvements and as tidal water comes in it will become saline which will kill cattails immediately. We would like the new plantings to be more salt tolerant. I think we are going to work on that in the context of working with Mr. Turrell on the fifty -four acre dead mangrove area about planting materials other than mangroves. He will be working on both of those projects with us during the summer of this year. CAPITAL PROJECTS STREET LIGHTS Mr. Ward reported that the street light work was obviously a little slower this month because of the holiday schedules. The contractor is working through the Phase I project which is scheduled to be finished during the middle of February of this year. From there he will pick up the Phase II project, which is the boulevard lighting. You will recall that Phase I is all of the single - family area. Phase II is the boulevard lighting and we should be finished with that the early part of this summer. He is about 50% of the way through right now. STREET SIGNS 4258 PELICAN BAY ADVISORY COMMITTEE JANUARY 3, 2001 6J1 'a Mr. Ward stated that as indicated to you before, we have solved the municipal sign insert problem. He will gear up again this month and that is about 50% complete. We will get those completed during the end of January of this year. ENTRANCE SIGNS Mr. Ward reported that two of the entrance signs are completed now, including all of the lighting and landscaping. We are working on the final entranceway, which should also be finished before the end of January this year. US 41 BERM PROGRAM Mr. Ward explained the way we are going to phase that project and I will provide you a more detailed schedule at your next meeting. We are going to work from Pelican Bay Boulevard north to Gulf Park Drive, which will be the Phase I area. We have $250,000 for that, which hopefully we will not use it all. The first 1,000 feet north from Pelican Bay Boulevard south, is a heavily infested area with a lot of exotic materials. In that particular location from US 41 back to those residences is all exotics. That particular section we are going to do in two phases. The Phase I area is going to be the removal of the exotics from the back of the people's homes heading towards US 41, about half way. Those will be removed and we are going to go in once we remove those and do some material plantings and let those plantings grow, which may take up to about one year. Once they do grow and we have some cover at those locations we are going to come in behind that and remove the balance of the exotics out to US 41 and then replant in that Phase I area at that time. The balance of that from 1,000 feet north of that intersection to Gulf Park Drive, which is essentially where the berm starts on US 41 going north, we will be working on that as a part of the Phase I area. Right now we anticipate beginning that work in the middle to latter part of February and having it finished for you probably at the end of March to early April. It is based upon those landscaping plans and programs you had previously seen. If you don't recall them or have misplaced them, I will be glad to send you a new copy of those plans. Mr. Werner asked if those exotics were on private property? Mr. Ward replied no, they are all on Foundation property. 4259 PELICAN BAY ADVISORY COMMITTEE JANUARY 3, 2001 16J1 Mr. Carroll stated that the question of streetlights keeps coming up. The street lights from Gulf Park Drive to Seagate Drive. We talked about it last meeting and as I read that the State has basically turned us down and is not very interested in doing anything. What I read in the Minutes is that the County is assuming responsibility for doing that. I guess I am uneasy with whether that is a commitment or a New Year's Resolution. Mr. Ward replied what I mentioned to you before was that FDOT, as part of this improvement program will not put in these street lights from Gulf Park Drive south to Seagate Drive. The Transportation Department has contacted FDOT and asked if they would be willing to do a Change Order to that contract or do a new contract with something about adding lights in that particular area and I am not aware that FDOT has responded to Transportation's requests at this point in time. At least I have seen no correspondence to that affect. I think what I mentioned to you before is that the County does have the ability and you would have the ability to request your County Commission to install those lights, irrespective of whether FDOT does those or not and you might want to do that as a part of the budget process that we will go through for your next Fiscal Year. That occurs when we start our budget process in essentially March or April of this year. Mr. Carroll asked Mr. Kant, can this Committee be of any help in pursuing with the State the idea of putting in lights to support your efforts, or don't you need our comments? Mr. Kant replied no I would never say that, we always need your help. I would support Mr. Ward's remarks; we have not heard back from FDOT. I did double check the Minutes and I don't see in there where it said that the County would do it, but I did see in there where if it were to be done the County is probably the best bet. As Mr. Ward said, we will be getting budget instructions next month and will probably start the actual budget work in March or April and at that point in time we will start making the "Wish List" of projects. We have a whole number of capital projects. It is still possible that we could get some participation from FDOT. We just don't know at this point. They have several different funding sources, one of which would be most appropriate is some safety funding because of the fact that streetlights are always an 4260 PELICAN BAY ADVISORY COMMITTEE 16J 1 JANUARY 3, 2001 1 improvement in the safety issue. There are several ways to approach it, but until we hear back from what they can and'will do for this project I cannot give you anything definite. any? Mr. Carroll asked if letters from the people of Pelican Bay to our State Senator would help Mr. Kant replied I could not say, I don't know. They certainly could not hurt, but I certainly don't know how much help they would be. Mr. Carroll stated that we were told a year or so ago that US 41 from Vanderbilt Beach Road south to Gulf Park Drive was at the front end of the schedule and would probably be done in February, 2001. As I drive up and down US 41 a February completion does not look too likely. Mr. Kant replied I don't know what has happened with their schedule and the last time we talked they were reasonably within schedule. Obviously it is a two -year project. The best I can do at this point is to get something definitive from them and report back to Mr. Ward. I am sure we can bring you up to date on both the north and south pieces for next month. I would agree that I don't think they are going to make February, but they probably will be substantially complete based on what I see by this summer, unless I am missing something. Mr. Werner stated that when we had the FDOT people here they reported it would be done by February. I think sometimes politics help and I would encourage the residents of Pelican Bay to write Mr. Goodlette and Mr. Saunders. Maybe that should be included in one of your articles for the Pelican Bay Post. Mr. Carroll stated that I share your point. It seems to me the State should be somewhat embarrassed about having a highway, which is lighted all along and then there is a one -mile gap with no lights. now. Mr. Kant replied that I can say that I am certainly glad that is not one of my projects right Mr. Roellig asked if there were going to be bike paths as part of this project? Mr. Ward replied that was asked last month and I do have the answer. The answer is no. There are no bike paths on the Pelican Bay side. There are sidewalks once you get north of Vanderbilt Beach Road. On the Pelican Bay side there is a five foot paved shoulder, which I am 4261 PELICAN BAY ADVISORY COMMITTEE JANUARY 3, 2001 16;11 .-T sure will be used for a number of things including riding your bikes, but it is not a delineated bike path. US 41 MEDIAN LANDSCAPING Mr. Ward reported that I know that Mr. Kant's department is working on the US 41 median landscaping and I think it is on the same schedule that I indicated to you at your last meeting. It is moving through its' normal course. Mr. Roellig asked that if on the median from Gulf Park Drive north the square footage was dramatically less than the section from Gulf Park Drive south? The median is so narrow that some areas look like there is a foot of grass for one hundred feet and appears to be a lot narrower than the south half. I would assume it would be less costly. The median is much wider from Seagate Drive to Gulf Park Drive but going north from Gulf Park Drive the median is at least ten feet narrower. Mr. Kant replied that is entirely possible. I am speculating without going back and looking at it, but my recollection of the section south of Gulf Park Drive is that there are no curbs or gutters on that median and I believe the section to the north does have curb and gutter. That does tend to narrow the median. Obviously that space is taken out of the median. Mr. Roellig stated that I understood that there would be the same amount of vegetation at both ends. To me that is not possible if there is considerably less square footage. others? Mr. Carroll asked about curb and gutter. Do we have some on part of US 41 and not on Mr. Kant stated that my recollection based on Mr. Roellig's comment was that portions of US 41 north of Gulf Park Drive have curb and gutter and portions south of Gulf Park Drive may not. I am trying to respond to you and at the same time I am speculating a little without going back out there and physically looking at it. Mr. Brown stated that as I recall, part of the enhancement south of Gulf Park Drive would be the addition of curbs and gutters because of the size of trees and /or irrigation. I recall curb and gutter was going to be installed from Gulf Park Drive south and that was part of the costs. FC:YA PELICAN BAY ADVISORY COMMITTEE JANUARY 3, 2001 16J1 Mr. Kant stated that might be part of the cost of landscaping, but not part of the project they are doing now. That would be part of the landscaping project. You are asking me for details of something I am not familiar with, but again I can check it out and have a definitive answer for you. Mr. Werner stated that the whole northern section is to be curbed as part of the contract. The section south includes $60,000- $90,000 for curb and gutter to be installed. Mr. Roellig asked how this affects the cost estimates, if it affects them at all? Mr. Kant replied you are curbing and adding fill. We just looked at a piece on Davis Boulevard and almost half of the cost was fill and curbing. For one thing you cannot use a roll -in curb, you have to use a vertical faced curb because of the size of the trees. When you go to vertical faced curb you are then jumping from $6.00 -$7.00 per foot to $12.00 - $13.00 a foot. FINANCIAL STATEMENT REVIEW Mr. Ward explained that we are only two months into our Fiscal Year and we are actually doing well. We have collected more of your assessments than I would have expected at this time of the year. That means we have had a lot of payments occur which took the 4% discount. Your Fund Balances are still on track or higher than we projected them to be through September 30 and where we projected them to be at this point in the Fiscal Year. MITIGATION Mr. Bawduniak stated that he listened to Mr. Brown's suggestion and at first blush it sounds like something so simple it can't possibly work, but I think it has some merit. I happen to get together with the Chairman of the County Airport Authority twice a week and I meet with the Executive Director of the Naples Airport Authority every other week. I think this is something that at least informally we should plum to see if there are any traps or minefields there. It is like chicken soup, it cannot harm and boy it might do a lot of good and I will look into that. Mitigation is certainly an issue with those people. GOVERNANCE SUBCOMMITTEE Mr. Roellig stated that he has a concern about something we did at the last meeting. Mr. Vlasho indicated that he wanted to meet with Mr. Ward, Commissioner Carter, etc. to negotiate 4263 16J1 PELICAN BAY ADVISORY COMMITTEE JANUARY 3, 2001 what facilities we take over and how the employees are going to be handled etc. I realize we have had the holidays, but the clock is running and it has run about 25 %. 1 am concerned that the way we left this was that Mr. Vlasho himself would handle it to avoid the Sunshine problem. In my view that may be a mistake and I think that we should have a sub - committee put together of members of this group to negotiate this and I think it should be negotiated in the sunshine. This Ordinance is purported to bring the Supervisors close to the people and the first thing we are doing is negotiating in the dark. Mr. Werner stated that he thought that was a good idea. Mr. Carroll stated that if we go to a Sub - committee we have to post notices to put it in the Sunshine. Mr. Bawduniak stated that the expense to us is that it is a bit cumbersome, but the benefit is to the people we are supposed to be working for. Mr. Roellig stated that wherever the meetings are held the community can attend. I think it would be good to have minutes of these meetings also and to have a record established would be another benefit. Mr. Werner asked if Mr. Vlasho would appoint the members? Mr. Roellig replied that, or our members could volunteer. Mr. Werner stated that I want to make it clear that we are not trying to circumvent Mr. Vlasho. Mr. Roellig replied I do not either, but again I don't want to wait until next month. Mr. Werner stated that I think there is a lot of validity to what you said Mr. Roellig. Mr. Roellig stated that Mrs. Smith could call the members to see if anyone wanted to volunteer. Mr. Carroll stated that he would talk to Mr. Vlasho. Mr. Ward explained that Mr. Carroll could not talk to Mr. Vlasho. I can, but you could not. Mr. Roellig moved, seconded by Mr. Bawduniak and approved unanimously that a Sub - committee be established to handle the Governance negotiations. 4264 PELICAN BAY ADVISORY COMMITTEE 16J 1 JANUARY 3. 2001 Mr. Carroll asked Mr. Ward to talk to Mr. Vlasho about the motion and to use his good judgment about how we get volunteers. Mr. Brown asked how many members should be on that Sub - committee? Mr. Roellig replied once you get out in the Sunshine if you have three or four Committee members, the other members of this Committee could attend without having a problem. Mr. Brown asked if we should say how many members should be on this Sub - committee? Mr. Ward replied you should let Mr. Vlasho make that decision. Mr. Werner stated that what Mr. Roellig said makes sense. Once you get it out into the Sunshine it doesn't make any difference if you have two or four members, the other members can attend as they wish. ST. RAPHAEL LIGHTING Mr. Roellig stated that we have talked about the lighting issue before and in my view it stands out like a sore thumb. It doesn't really bother me much from where I live because it is a long ways off, but I am concerned about the new building Cap Farrat. As I understand it, it is under the same ownership. Mr. Ward replied yes, it is Gulf Bay Development. Mr. Roellig asked if it is going to be lit up like a K -mart parking lot? I have a personal bias in this in that I don't like lit up buildings, but this would be the time to stick our nose into it, if there is a time, rather than wait until it is all done. Mr. Ward replied that he really does not know. I will be glad to ask the County's Planning and Zoning Department for the plans that show the lighting. I have no idea what the lighting on Cap Ferrat looks like. Mr. Brown asked if this was discussed way back and they said they would not have bright lights on it like the Brittany? I think that went all the way back to Mr. Young. Mr. Werner stated that might have been for St. Raphael. Mr. Ward stated that was a building that Gulf Bay Development built on Gulfshore Boulevard. I don't know what Cap Farrat looks like, but I will request the lighting plans to see what the building looks like. 4265 PELICAN BAY ADVISORY COMMITTEE 16J1 JANUARY 3, 2001 Mr. Carroll asked if there was some action taken as far as St. Raphael in that they were going to do something or change some bulbs? Mr. Ward replied they had received a number of comments from residents and others about the intensity of that lighting for that building. I don't think they agreed to do some changes but I think they were going to try to change some lighting on it to dim it a little. I think they have, but it is just a big building and the minute you light up a big building it is just going to be bright. Mr. Carroll stated that he feels the idea of getting to the people who are designing it early on rather than going to the fuss of not liking it afterward is a good idea. Mr. Ward replied we would do that. AUDIENCE PARTICIPATION US 41 BERM LANDSCAPING Ms. Joanne Hoban — 816 Turkey Oak Lane — Mr. Ward, you said that there is $250,000 to be used for improvements for the berm from the south end of Pelican Bay Boulevard to Gulf Park Drive. What amount of money and what is the time line to continue that from Gulf Park Drive to Vanderbilt Beach Road? Mr. Ward replied that we budgeted a total of $375,000 to handle from Pelican Bay Boulevard all the way north through Oakmont. We have $250,000 in our current year's budget and it is split relatively equally. The balance of it from Gulf Park Drive north to Vanderbilt Beach Road will be in the following Fiscal Year, which begins in October of 2001 and runs through September 2002. Ms. Hoban asked if there were less lineal feet from Gulf Park Drive to Vanderbilt Beach Road than there is from the Waterside area to Gulf Park Drive? Mr. Ward replied no, it happens to be a newer section so it does not require as much restoration and renovation as the south end does. Ms. Hoban asked when a report would be given in terms of what problems we have in terms of what needs to be updated or pulled out? Mr. Ward replied we actually did that a year ago, so we have what we call "Planned Sections" that define what that whole berm will look like when we finish it, including Gulf Park MI-1 PELICAN BAY ADVISORY COMMITTEE JANUARY 3, 2001 16J1 Drive to Vanderbilt Beach Road, which we can provide you a copy of if you would like them. Our current plan if this Committee approves the budget for next year would be to work on that particular section in our next Fiscal Year. Ms. Hoban asked what method the signs are being done? I don't care when my sign gets done, it just seems there is a new sign here, a new sign there, and it wasn't done alphabetically and I have tried to figure out how they did it? Mr. Ward replied I am not so sure I understand that either, but they sort of made all of the stop signs, then some of the street signs. Ms. Hoban stated that in Oakmont they did a whole bunch of the street signs and all of a sudden there is a street that still has the old signs. It makes no sense. Mr. Ward replied we keep track of what they are doing, but we did not put them on a particular area to be done. Ms. Hoban asked where the new streetlights have been installed so we can see what they look like? Mr. Ward replied they are on Bentwood Drive. Mr. Carroll stated that with the berm improvement from Gulf Park Drive to Vanderbilt Beach Road is there anything from Pelican Bay Boulevard north to Vanderbilt Beach Road where all of the commercial area is? Do we do anything to that berm? Mr. Ward replied no, there is no berm in that location. Mr. Carroll stated that entire commercial distance is not a part of this program. Mr. Ward replied that I think what Ms. Hoban was talking about is the area that fronts Oakmont. It is just to the end of the berm, which is clearly where the commercial starts. US 41 WIDENING Mr. Jim Hoban — 816 Oakmont — You mentioned that there is going to be a five foot paved shoulder, but no bike path along US 41. You also said something about a sidewalk, where is the sidewalk going to be? Mr. Ward replied the sidewalk is going to be north of Vanderbilt Beach Road along US 41. Not anywhere near Pelican Bay. 4267 PELICAN BAY ADVISORY COMMITTEE 16J1 3 JANUARY , 2001 Mr. Hoban asked if there is going to be any signs posted along the roadway such as "No Stopping except in Case of Emergency' or "No Parking "? From a security standpoint those signs might be warranted. Mr. Ward replied that I do not know what FDOT's standard signage looks like along US 41, but if you would like you could probably contact Mr. Lukasz. I think we have the plans. I don't know if those plans show the signage on them, they probably do. We can look on there for you and let you know. Mr. Bawduniak asked if the signs are not on there how difficult would it be to get some standard "No Stopping" or "Emergency Use Only" signs installed? Otherwise it is a parking lot. Mr. Ward replied that I honestly do not know on a State road how you go about doing that, so we would have to look into that, which I will do for you. US 41 MEDIAN LANDSCAPING Mr. Allen Grossman — Bridge -way - I was a little confused about something. A couple of years ago when I first heard they were talking about beautifying the median strip I stood up in a meeting and asked why are we paying for it. A development of this age usually does not go out and pay to do something public, especially on a State or County road. Is there a reason for it? There doesn't seem to be any real expert knowledge as to what you are going to do, what they are going to plant, how they are going to do it and really what it is going to cost. Then I was told it was a quid pro quo. The County is going to take over taking care of the mangroves, so we don't have to spend any more money on them and have nothing to do with it and it will increase our home value. I don't know after listening to you people today if the County is going to take over the mangroves and since I have been here for four years, the home values where I live have almost doubled without anybody touching the medians. In addition to that, why should we pay and not the people across the street? That does not seem fair at all. My career was spent as a developer, I used to compete with Westinghouse actually and I can't recall at anytime in forty years of developing that we ever paid for correcting a median on a County or State street. I don't care if it was California, Illinois, New Jersey or Florida. I did a lot of building in Florida. It struck me as very odd that we should be spending our money to do that. The confusion is have we in HM PELICAN BAY ADVISORY COMMITTEE 16J1* , JANUARY 3, 2001 fact given up control of the mangroves to the County as quid pro quo? The County will give us half the money for the median strip and take over control of the mangroves. It is not just me, I am the President of our Association, and I know most of our members heard that and think it is true. That is why there has not been a lot of hullabaloos of why are we spending our money to do something that the State and County should be doing? There was a big article in the Naples News about the County doing a big job on the east side of town and they are paying for it. This is an old development, fifteen years old and there is no reason why we should be paying for it. Mr. Werner explained that the Pelican Bay Property Owners Association originally brought this issue to us. They were going to try to fund the landscaping of the medians through donations or something like that. We looked at it and we didn't want to have anything to do with it because it appeared as if we were going to be responsible for the maintenance. Then the county divided into road districts that would be responsible for the maintenance of their areas. The Public Utilities Director came to us at a meeting at the County and he traded us $90,000 for the first year and about $60,000 a year for the next nine years of monitoring and maintenance in Clam Bay. Not necessarily that they were going to take it over and be responsible for everything, but they traded us that much. We committed about $500,000 to make the US 41 medians look better and in return they committed about $540,000 to us that we would have been spending anyway. Mr. Ward included that in addition to that, they upped the schedule for the landscaping on the US 41 median to well ahead of when it was planned to have been done. Mr. Grossman replied that under those circumstances I would say that is a perfectly acceptable explanation. Unfortunately that is not what people really have been told. Mr. Werner stated that if they come to these meetings that is what they have been told. Mr. Grossman replied that I am not putting Mr. O'Connor down, he has good intentions, but that is where we hear it when we go to Property Owners meetings. Mr. Roellig replied that sounds like another article for the Pelican Bay Post. SOIL ANALYSIS 4269 PELICAN BAY ADVISORY COMMITTEE 16J1 JANUARY 3, 2001 Ms. Kathy Worley — The Conservancy of Southwest Florida - At the last meeting Mr. Turrell had brought up the possibility of the Collier County Extension Service providing free soil analysis and I volunteered myself to do the collections. I talked to the Collier County Extension Service and they told me that the only thing that they will test for is Ph., which is not what I was after. I was after a full spectrum soil analysis. What they did do was put me in touch with the University of Florida in Gainesville and they are going to run some soil tests for me at a nominal cost, which The Conservancy will absorb. The problem is that they are on semester break so I will not get the soil kits, because they require I do it their method since they are going to be doing the analysis. As soon as I get their kits, which will probably be within the next two weeks, I will go up and collect the samples and send them out. Then it is on their timetable since they are working me into their analysis schedule. I wanted to let you know it is going to be done, I am just not sure when it will be done. When I get the results I will turn in a report to Mr. Ward. It will have to be in a report form. You will be spared my attendance at the next four meetings as I am going to FIU to get my Masters Degree and classes happen to fall on Wednesday afternoon. Any comments you get from me will be in writing at least through April. Ms. Lynn Armstrong — St. Lucia — This is about the exotics. I have a friend who was fined so much a day for not removing his exotics in North Naples. How come Gulf Bay Development has so many Brazilian Peppers on their land? Mr. Ward replied that is the subject of a Code Enforcement Action on that particular project and I do not know the status of that at this point in time. You can contact my office tomorrow and we will be able to let you know that. Ms. Armstrong asked if they are getting fined daily? Mr. Ward replied that he does not know the status of the violation notice. Ms. Armstrong stated that it has been years. Mr. Ward replied we understand that, but there is a Code Enforcement Action that is pending on that property. Ms. Armstrong explained that right now the Brazilian Peppers are blooming and can be easily identified. If they take them off any other part of the year they miss half of them. 4270 t i PELICAN BAY ADVISORY COMMITTEE 16-Jl . JANUARY 3, 2001 Mr. Carroll stated that Code Enforcement Action has been kicking around for months. Mr. Ward replied a year is more like it. Mr. Carroll asked do you know where that is? Is it lost in the shuffle? Mr. Ward replied no it is not lost it is in the works. I do not want to tell you what I heard a few months ago because it is stale information so I will find out the current status of that for you. Mr. Werner stated that we looked at this a year or so ago and actually it was going to be recommended that we budget to go and remove them. Then, a former member of this Committee filed a complaint with the County and that started this Code Enforcement stuff, which if you ever watch them on television it can be a year to a year and a half for resolution. While it is going through that process we had to necessarily back off. It doesn't make sense but that is the way it works. CATTAIL REMOVAL Mr. Frank Matthews — Chanteclair — I am sure it has been considered, but I wonder the rationale behind the decision to poison the roots of the cattails rather than wait for the saltwater to do the job for free? Mr. Ward replied that is the rationale. I don't know whether you have seen a cattail once it has been killed at its' full height in growth. It is very dead, very brown and it can take six to nine months for those materials to drop below the water line. For a number of reasons, including aesthetic reasons, we are going in there with a proactive approach toward the removal of those exotics. Mr. Matthews asked if you are going to remove them, why go to the expense of poisoning the roots and leaving the residual poison in that system for whatever unknown affects that you can always encounter? Mr. Ward replied if you don't do that they will just grow back again. The herbicide has no affect on the water column or any of the materials other than the cattail. Mr. Matthews asked Mr. Ward to put that in quotes. Mr. Ward replied I don't need to put that in quotes because the EPA tells us that, so I assume that Federal Agency does their job and will tell us the correct information. The herbicide 4271 PELICAN BAY ADVISORY COMMITTEE JANUARY 3, 2001 16J1 "� that is used on that is plant specific. It doesn't get into the water column and will kill that plant without harming anything around it. Mr. Matthews asked how soon would it be killed by the saltwater intrusion if you were to do nothing? Mr. Ward replied I have no idea. Whenever saltwater would hit them they will brown relatively quickly and they will grow back if saltwater recedes from that area. Mr. Carroll stated that there is no saltwater in that area right now. Mr. Ward replied no, but you are not in the rainy season either. Mr. Carroll stated that it takes a major storm to do it and we have not had a major storm in several years. Mr. Ward stated that I understand what Mr. Matthews is saying, but the flip side of the coin is that we did a test area and killed a very small area and I won't tell you the phone calls we got on how bad that area looked by just killing those materials. All we did was mow them down and they just stood there dead. It was phenomenal the number of phone calls we got from this community. I am not recommending to the Committee that they just let that area die and leave it that way because it will grow back. It will be six to nine months for those to drop below the water column and they will come back. Mr. Matthews stated that I understand that you said the plans would result in putting more saltwater in that area, not just a storm. Mr. Ward replied over time that is the intent. Mr. Matthews asked if there is a schedule intended for that? Mr. Ward replied I would not call it a firm schedule. We are in the Clam Bay Restoration Phase in that location so what we have been saying is that to the extent that we begin to see increased tidal action which we are seeing from these tidal cuts that we are doing there, that once saltwater hits that area they will turn brown and not look very good. I cannot tell you if that is tomorrow; a year from now or two years from now, but we are trying to be proactive in removing that material from the area. 4272 PELICAN BAY ADVISORY COMMITTEE 16J1 JANUARY 3, 2001 Mr. Matthews asked if I am correct in saying that the rationale is aesthetic and not environmental. Mr. Ward replied it is both. It is mostly aesthetic from my perspective for the community, but clearly cattails are considered an exotic in this State and desirable to remove in an ecosystem such as Clam Bay. Mr. Matthews asked if we have to remove them in an aesthetic manner? Mr. Ward replied we are removing them in an aesthetic manner. Mr. Matthews asked how does one get access to those reports for those of us living here and not a part of official management in any way? Mr. Ward replied that Mrs. Smith could probably provide those to you. VANDERBILT BEACH CONNECTION Mr. Jim Gage — Coronado — At the December Meeting your Chairman said that you would be proactive in analyzing the feasibility of going north to open the connection north. Are you planning to make some kind of a status report on that at the next meeting or the March meeting? I know a month is a short time, but is it possible to have something in sixty to ninety days? Mr. Werner stated that what was said at the last meeting was that WilsonMiller had already started some kind of study. A lot of us on the Committee were surprised to hear that. Mr. Gage asked if these are ongoing studies? Mr. Ward explained that what I indicated at the last meeting and it sort of got blown out of proportion and I do not want it to get blown out of proportion again, is that we are looking at alternative ways of moving water through the water management system. That was thought to be important by the environmentalists we have working on the system, both Mr. Turrell and Mr. Lewis. If that manifests itself into a connection through Vanderbilt, so be it. I never said that we were reconnecting the Pelican Bay system or looking at that as a way to reconnect it. What I said was we were looking at our water management system and more efficient ways to move water through our system into the Clam Bay System. To be frank, it is a very preliminary look because I 4273 PELICAN BAY ADVISORY COMMITTEE 16J1 JANUARY 3, 2001 1 think it is going to need significant more study in order to handle that, but I am not ready with any reports yet and I am not'prepared to indicate when we would be ready at this point in time. Mr. Gage stated that first of all I did not mean to infer that I am an advocate of opening it. I am an advocate of trying to solve the problems that you have. I find it difficult that you would have no idea. You mean five years from now you wouldn't have this done? You said you couldn't give us any idea of when you would have this report and I find this sort of incongruous. Mr. Ward replied my report is not focused on the Vanderbilt connection. I Mr. Gage stated I am not talking about the Vanderbilt connection. You said you have two groups of people making an analysis. When will there be a public report on what is going on? Mr. Ward replied again, I am not in a position to tell you that right now. As soon as I know that I will certainly let you all know. idea. Mr. Gage replied I find that incongruous as a taxpayer that the man would say he has no Mr. Hasson stated that we have nothing to do with it at this juncture. Mr. Ward explained that if you just give us another month or so we will have an idea of what we are going to be in a position to let the Committee know. I just don't know where they are in this review process just yet. report? Mr. Gage asked if it was possible at the next meeting that there could be some status Mr. Ward replied absolutely we will have a report then, but I just don't know right now. ADJOURN There being no further business, the meeting adjourned at 4:20 PM. Mr. Jim Carroll, Vice Chairman 4274 3. 4. PELICAN BAY SERVICES DISTRICT 16J1 TRANSITION ISSUES 1. PURPOSE — To achieve an orderly transition from the MSTBU to the recently created Pelican Bay Services District. 2. TRANSITION ISSUES A. Election of the Board of Supervisors scheduled for April 25, 2001. 1) Time Schedule, Procedures for Filing, Funding 2) Date of First Board Meeting — Swearing in the Board 3) Selection of Board by Seat or Group — Supervisor of election question 4) Will the Board of Supervisor's be elected on a partisan or non- partisan basis? ORDINANCE AMENDMENTS A. Remove the provisions related to the Clerk to the Board of County Commissioner's having responsibility for the funds of the District. (Requested by the Clerk) B. Change the year in which the election is being held to coincide with general elections in the County. (Requested by the Supervisor of Elections) ASSETS TO BE TRANSFERRED TO THE PELICAN BAY SERVICES DISTRICT A. Tangible personal property (Exhibit "A" Attached) B. Street Lighting System. (Exhibit "B ") (Estimated Value $1,00,000.00) C. Street Sign System. (Exhibit "C" Attached) (Estimated Value $225,000.00) D. Landscaping/Irrigation System (Estimated Value $3,000,000.00) E. Entrance Monuments (Estimated Value $300,000.00) F. Maintenance Site (Parcel O) (Exhibit "D" Attached) G. Public Roadway System and Associated Gas Tax Revenue (Exhibit "E" Attached) (36 miles) H. Clam Bay Conservation System (Exhibit "F" Attached) 16J1 --I I. Easement Plan (Exhibit "G ") J. Additional Easements Not Shown on Easement Plan (Exhibit "H ") K. Transf6r of the Lease for the current space at Sun Trust in Pelican Bay. L. Funds, including all Reserves, of the Pelican Bay Services Department from the following current funds: Fund 109 - Right of Way Beautification and Water Management Fund 110 - Security Fund 133 - Uninsured Assets Fund 320 - Clam Bay Restoration Fund 322 - Capital Projects (Irrigation, Landscaping, Berm Improvements, U.S. 41 Median Improvements) Fund 778 — Street Lighting 5. HUMAN RESOURCES A. Transfer the employees of the current Pelican Bay Services Department to the Pelican Bay Services District. Continuing to provide payroll services until the District becomes fully functional with operating accounts and payroll function. B. Benefit Programs available to current employees and method of continuing coverage. 1) Health/Dental Insurance 2) Retirement System (Florida Retirement System) 3) Workman's Compensation Insurance 4) Pebsco (Deferred Compensation Program) 5) Flex Medical Account 6) Vacation and Sick Leave C. Hiring Practices during the transition — Ability of the existing staff to move to another County Division, if they do not desire to be a part of the new District. At least three (3) current employees desire to move to another County Department. (Hiring Preference offered for these employees) 6. PURCHASING PROCEDURES A. Continuing of all existing contracts for services by interlocal agreement with Collier County. B. Contracts for Services Clam Bay Restoration System — Turrell and Associates Humiston and Moore 2 Robin Lewis and Associates 16JI y WilsonMiller, Engineer's Agnoli, Barber and Brundage Management Services Severn Trent Environmental Services Asset Acquisition Contracts Entrance Monument Contracts Lykins Signtek — Construction of the Monument Signs Simmonds Electric — Lighting Street Lighting System Replacements Raybro — Poles and Luminaires Simmonds Electric — Installation Street Sign Replacements Lykins Signtek — Materials and Installation Operating and Maintenance Service Contracts There are a number of standard contracts that the Department utilizes throughout the year for services throughout the Pelican Bay Community. These include such items as temporary labor, chemicals, pesticides, fertilizers, herbicides, uniforms, fuel, vehicle maintenance, water quality testing services, street sweeping, landscape materials, including plants and annuals, Floratam sod, mulch, street lighting supplies and luminaries. 3 TANGIBLE PERSONAL PROPERY SCHEDULE 1 PELICAN BAY SERVICES DIVISION J1 . (EXHIBIT "A ") (1/26/01) PROPERTY TAG DESCRIPTION VIN# PURCHASE PRICE 00910496 Toshiba Strata VI Telephone System $2,450.00 00910497 Conference Table 1,271.10 00991122 72x36 Maple Pedestal Desk w /Link Unit Chair 2,324.00 00991194 Lateral Files 2,365.00 00991124 Corner Credenza & Hutch 2,115.00 00910526 Motorola Base Station @ Main Office 1,479.25 00910527 Motorola HT440 Portable Radio 432ALY0864 1,000.00 00910530 Motorola HT440 Portable Radio 432AJS0884 1,000.00 00910531 Motorola HT440 Portable Radio 432ALC0561 1,000.00 00910532 Motorola HT440 Portable Radio 432AHU0060 1,000.00 00910533 Motorola HT440 Portable Radio 432AJS1435 1,000.00 00920396 Motorola HT600 UHF Portable Radio 649ARY2571 725.00 Dell Computer ON LEASE Dell Computer ON LEASE Dell Computer ON LEASE HP LaserJet 4050 Printer USBC009058 1,149.99 HP DeskJet 870CSE Printer 399.00 HP DeskJet 870CSE Printer 399.00 TCM- 5000EV Sony Cassette - Recorder 231506 780.00 00930562 Murata F -85 Laser Fax Machine 40003075 2,356.00 20000954 Dell Inspiron 7500 600 Mhz Pentium III Laptop YSNWW 3,776.00 00910494 Ford Backhoe w/ front end loader 624441 24,900.00 00920115 100 Gallon Skid Model Sprayer w/15' Spray Boom 2,516.82 00991123 100 Gallon Sprayer w/15 G /Min Pump 2,263.38 00930109 200 Gallon Sprayer — 9.5 GPM, 550 PSI, 5 HP w /Hose 2,056.64 00930164 50 Gallon Poly Tank Sprayer /reel & 100' Hose SPE0097 1,187.02 20000640 200 Gallon Frame Mounted Sprayer 2,945.00 00920656 2700 PSI Pressure Cleaner w /Honda Engine 021143 1,490.00 1 TANGIBLE PERSONAL PROPERY SCHEDULE 16J I PELICAN BAY SERVICES DIVISION (EXHIBIT "A I 2 (1/26/01) PROPERTY TAG DESCRIPTION VIN# PURCHASE PRICE 00930245 Kawasaki Mule 500 /w Trailer Hitch, Hour Meter, Box JKIAFBA12MB501627 3,945.00 00940054 1994 Ford Ranger 1FTCR11X7RUC96483 15,692.00 00960040 1996 Ford Ranger 4x2 Super Cab 1FTCR14U9TPA63065 14,220.00 00970003 Jeep Cherokee 1J4FT28SXTL316814 17,283.28 20000057 2000 Model CC20903 Chevy 2500 HD Pickup 1GBGC24R5YF470127 20,911.43 00920018 1992 Chevrolet C/2500 w /Utility Body 1GBGC24K3NE232751 15,570.32 00930003 1993 Chevrolet Flatbed Dump Truck 1GBJC34K2PE103821 16,875.33 00930008 1993 Chevrolet C3500 Flatbed Dump Truck 1GBJC34K8PE146284 15,572.84 00980020 1998 Ford Ranger w /Utility Bed 1FTYR10UOWUB10890 15,023.30 00980025 1998 Ford Ranger w /Extended Cab 1FTZR15U9WTA17224 16,935.31 20000043 2000 Chevy 2500 HD Pickup Truck 1GCGC24ROYR165077 18,072.00 20010047 Ford F250 Truck 4x2 Super Cab 1FTNX20L71EB43259 21,704.87 20010048 Ford Ranger 4x4 Super Cab 1FTYR15U11PA56211 17,784.03 20010018 Ford F -150 1FTRX18W31NA63633 21,178.45 20001323 XLB 4232 Workforce Bucket Lift 18,300.00 00930287 XLB Model 4232 Boom Lift 41066 -22 15,630.00 00940509 Kubota F2400 4WD Tractor w/ Front Mounted 72" Deck 16370 13,816.49 00940510 John Deere Tractor w/ Loader, Canopy & Strobe Light 130431 17,469.00 00980159 Brush Chipper 14,950.00 00921146 Mighty Bandit Brush Chipper w /6" capacity 2710 6,495.00 00940228 Evenrude 20HP Outboard Motor G03579238 1,750.00 00990458 25 HP Mercury 1999 OG915039 1,682.00 00921074 14' Carolina Skiff EKHF0305H293 2,516.82 00961218 Kawasaki Mule Gas Utility Vehicle 510398 7,579.50 00980261 2520 Kawasaki Mule 6,956.00 0980261A Kawasaki 550 Mule for PBSD 5,225.00 00920059 1992 Cherokee 16x6 Trailer J -2258 1,360.00 00920060 1992 Cherokee 16x6 Trailer J -2259 1,360.00 2 TANGIBLE PERSONAL PROPERY SCHEDULE PELICAN BAY SERVICES DIVISION (EXHIBIT "A ") PROPERTY TAG DESCRIPTION 20000132 7x16 Tandem Axle Utility Trailer w /Brakes 20000133 7X16 Tandem Axle Utility Trailer w /Brakes 0930108 Toro walk behind mower w/36" deck 00990171 Lazer Z -ZTR 25' HP 52 Mower 00991195 Exmark Turf Tracker HP II N/48" 16J1 (1/26/01) VIN# PURCHASE PRICE 4EDUS1625YT000066 1,353.50 4EDUS1626YT000173 20740 206322 3 2,895.00 2,097.00 6,439.92 3,859.00 6,439.92 6,439.92 1,195.00 682.00 620.99 860.00 695.96 649.00 1,900.00 1,900.00 927.09 1,150.00 1,150.00 1,150.00 Deck 00990331 ZTR Mower 25 HP 52' Mulching Kit 00990332 ZTR 25 HP Mulching Kit 00930202 Lesco Hydraulic Powered Fertilizer Spreader HSE0949 00940511 7' 7" Rake w / Wheels 00960201 Granular Blower for Lake Maintenance 00960536 Progressive Fault Finder 00940581 24 Station Remote Control Unit 00970256 Power Pruner 12" Bar 24CC 16' 00970419 Microtide Gauge 10430 00981281 Microtide Gauge 10500 00970620 DO Meter W /Oxygen & Temp Probe 97D0960/97C0976 20001145 CSI Croix Measurement & Control Module 20001146 CSI Croix Measurement & Control Module 20001147 CSI Croix Measurement & Control Module Minor Power Equipment (drills, weed whips, blowers, sprayers, etc.) Minor Tools & Supplies (rakes, shovels, picks, wrenches, sockets, etc.) 3 2,895.00 2,097.00 6,439.92 3,859.00 6,439.92 6,439.92 1,195.00 682.00 620.99 860.00 695.96 649.00 1,900.00 1,900.00 927.09 1,150.00 1,150.00 1,150.00 TANGIBLE PERSONAL PROPERY SCHEDULE PELICAN BAY SERVICES DIVISION PROPERTY TAG DESCRIPTION (EXHIBIT "A I VIN# 1611 # _ (1/26/01) PURCHASE PRICE Minor Office Furniture (desks, chairs, bookcases, storage cabinets, file cabinets, etc.) Minor Office Equipment & Supplies (adding machines, fax machine, transcribers, dictaphone & various office supplies, etc.) Landscape & Aquatic Chemical Inventory (aquatic chemicals, herbicides, fungicides, fertilizers, etc.) Irrigation Repair Inventory (heads, valves, clocks, fittings, etc) 4 SCALL: 1' =500' r 16J1 HERON - _ CHANTECEAIR It I 51 AICOEE 1� � ST TROPET� -- I 1 — FORUM IJFE BARE SI RAT FORD i � C:HMffEWUk 1 ` SERENDIPITY ST SIMONE REGISTRY RESORT cEFNCavE .� ✓� , C> 1, 3 Ar- n RAY VII I AS I (IF WRA WA C I ro t.F � i y4'1 )-:1 WAS l ml I was .HUFtcH RRp / uJ D F,. I ^j k� \K2' �r3; �4� !KS� � �J_ � ` ••. �� `� �.F iW n `.AYE F.'-, /MARCn 'WXN, p - y�u.: A ES r 5 0 X'r t Hl SU k MAW, LN t Qc' A.' (k2 V2j; 2 A2$ ;: IA ff AAA0 Rl GULF OF MEXICO C LAM BAY OWW 041 •AROK LX AA 4' OP 02 wj$ -I )f "A"% 16'. N I .1 v (X urn 161l it A4 'N'i ki A04t N Jc a� 1 \ / � ARC � � \ / ('i t wc;* I OWN H4 61 CAN FLAY WOODS 2 L A'� RRISkS -, _k, 'HE VILLAGE 4-0 AWY PARK ON i (A-4 AL r^ L F 16Ji a _--t_.- COWES 5 0 vn.r� ;µlm '�9y i• � �/ % \ ,'� / 2 Mi-Ow 14WI(w WA 'l 41 OW) 1 INt' f, YNIF 3) wwowr "D 14 0Nfl I$ A, 'wf 'A� O GOLF COURSE Z HAWNcToN CLOD 16J1' SAJ 0/C-AYA CIE Cft-,CEM NORTHEAST COMMERCIAL f QU CY K ILA Or O N =C�r D L Z N O & lA G � NONC-�9 C 0DC �-� C Co r .A C 0 00 z T r C OO � � � 1 ; rn ';cp ��O0 o mo^ � O 0- o 0mt ,o 4; p ° o m _ r n$ DA U «�Z D �D A .?. 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C ° r- Co >OD N rn 'T' i rr m cn r Zp m �� I,� = Z 4 D � O�Ir f � m �Qo Z D Fri = z cn m z_1 Z prnyD �DO�� D z �4 � >� iz D Z �° rfl ZO c �-��� En C) °D o rJ c Z 0 A° cmri< m N N �I� r- O Z = ZI -O r C z I C') A O -i O , ° cmn M — 00 m -Ti < -v O I m r'' z R° � �; o D ryl z ° 01 Zi oo, Z Z= p� o� �z Z � c_ JZ �m �z ° C/) ° m -� Z rrr Z C'i -11 � D D �f- D, ,p OC Z O N M L/) 0 z o LL- Vi z U{ � L ry i o _c ,n I z V) QW �0 Z= L.J o Q w CL p � ED I ■ o ��1 J O E- p V- z d� > I LL- cr z U oQ U M� z � W V) ° 0-0 _ ° �_ I— oo J a CL w �_3 0 -� _ Ca i� S� g -'o N a 4 �J � w am > 3W-' N mI 0 Z z CJ G� Zo� � z °a z J cr m j z }- (Z Q Q W 1(n a ° Q m Z 3 0 F-� W�c Q I Ui W� p °° Z ,_' _ �� o ci 00 z OC�LA m M� , J (nQ Q U En N.. L Z�� Z W Q �- J h- Z •- W I < 0 -1 LLJ W 141 O� W LLJ .A.IWZ � U �� a �Z li LL�.i ° in Q F=-• W -� Of 0Q Q ,J LLJ °a Z.J W (f) i _ m � to Q a f- O W O rn LAJ F- Y � [j J°w J m t Z J L.LJ a 00 (� M •' s Z W Z r O toz Z Q J Z Q a O y- W Zm Z O z t<i Z a Z tf) II - Z Y '1L I .. � Z� 0 c,3 Q -j z a. g 4 a -� w`U Y r. 0 d U ° > < W O ui m cn�a _, a �a o a fr > o om W a Q p N Q3AObddV t� M cr- O O MQ) N U _ U Q 0 N' O O ° m N m CL a w **40 Q W CL r� ui Z Z po W Z J UU O U W ° m CL m Q d ° W Z W Q d a D W N 0) N { az zG Q: �Z 0 Q N p PELICAN BAY STREET SIGN SYSTEM (EXHIBIT "C") 16J1 ' y DESCRIPTION QUANTITY Stop Sign & Street Name Signs 90 Stop Signs 45 Speed Limit Signs 45 Stop Ahead Signs 14 Miscellaneous Directional Signs 43 \4k* s 40• 11 w221 �, m I GOLF COURSE I 11 MAINTENANCE \ BUILDING I 1 1 � 1 1 fi 1 1� - - -1 11 1 x 1 1 N 1111 z 1 1 N 11 11� 1 1 � 11 IIz 1 11 11 1 1 11 +1 � 1 1 1 1 � 1 6✓ � ''p i I. J i i J \• l,F ' l JAN i`t Z�,-1 wilso Mille) 1 "� )POSED I )PERTY LINE 1.7 MIU_ION GALLON IRRIGATION WATER STORAGE LAGOON \ (FOR GOLF COURSE IRRIGATION) 16 1r G 1 d DIP (IRR) YARD PIPING BUILDINGS, STRUCTURES OR PAVEMENT A BUTTERFLY VALVE 1 V DIP (FM) — GATE VALVE CONTROL VALVE POT POTABLE WATER MAIN FM —1d DIP (p0 IRRIGATION WATER MAIN DRN SAN GW GROUNDWATER .�1d DIP (IRR) d CIP 08m) i I d CIP (DRN) z PVC (POT) 0.5 MILLION GALLON I d GP (GRIN) WATER ABOVE GRADE STORAGE ANK I if DIP (POT) CHEMICAL BUILDING Vcp I PROPERTY LINE TRACT LINE LEGEND OF EXISnNG FAC MES YARD PIPING BUILDINGS, STRUCTURES OR PAVEMENT A BUTTERFLY VALVE GATE VALVE sm W CONTROL VALVE POT POTABLE WATER MAIN FM IRR IRRIGATION WATER MAIN DRN SAN SANITARY SEWER LINE ABN GW GROUNDWATER SANITARY FORCE MAIN DRAIN LINE ABANDONED LINE _ _r PC � I DIGESTER iii 16�� 1 r J 161 ., b \ 190�S i \ \ 0� ��• ,�\ Ol ?O C'&, �Pf\9e i ?n n CZ, n, ' I 1 1 1 � M no 16J1 v /R= 40.00' 4-S723 ' CB= S /2• -S CD= 51.47 \ NI /--+- �I g -o 1 WW v CB- N7 �! CD = '0. T hry I W o` 1j %n M o :1 0 u r4% 1 4 M N ZI � Z N 1 cn k1 1 v 39.2 1 m see - /9 LU ti) 1 R' - -- 1 O rn1 W 1 1^ 1 z a //, o"u, I al v v os 1 aQw a�W 1 E45. 00 ' 1 \I 49. 98' qt yq.9e \9 36.20' n ao+ .O c,mo 1 Ma �MQ0 44v0,. 0 QOM mp uv 0 N 4 I I I I I I I I I I I I I I I I I I I � I I I I I I I I I I I I I I I i � I I I I I I I I I I I I I Y 16J1 v /R= 40.00' 4-S723 ' CB= S /2• -S CD= 51.47 \ NI /--+- �I g -o 1 WW v CB- N7 �! CD = '0. T hry I W o` 1j %n M o :1 0 u r4% 1 4 M N ZI � Z N 1 cn k1 1 v 39.2 1 m see - /9 LU ti) 1 R' - -- 1 O rn1 W 1 1^ 1 z a //, o"u, I al v v os 1 aQw a�W 1 E45. 00 ' 1 \I 49. 98' qt yq.9e \9 36.20' n ao+ .O c,mo 1 Ma �MQ0 44v0,. 0 QOM mp uv 0 N 4 4 41kF� so. 161, N I 2 A/Z16 ' /9'/9 "W v 0 I O a V I z S 78° /9' /9" E /4S 00" 19 "E 13752, p /2.00 f/- A( M S 28'19'19'E 179.98 9 16j1 N 28.19'19'W 995.06 BDUNpP� e5TERL\( GENERAL NOTES: 1. Dimensions are in feet and decimals thereof. 2. Bearings are based on P.B. 12, pages 74 -79. n4-- --;-.n rn rnrvac ara T. = Arc. Cn = Chard Distance, � 1 1 1631'� P.O.C. SOUTHERLYMOST CORNER OF PARCEL "0" LANOSCAPE PRIN TI -J) EASEMENT "B" JAN 3 1 2001 WilsonMiller, Inc, NOT A SURVEY 910-88 ADDED z cANDSCAPE ESMTS. ACCESS ESMT 0 LIT /L /TY ESMT WO. 17873 SEE 47,74CNEo FOR LEGAL DESCRIPT /DNS DATES FOR@ 9-/5.68 PELICAN BAY IMPROVEMENT D /STRICT SCALE - _�� 50 SKETCH OF LEGAL DESCRIPTIONS U D / / / / 1UW 15 PARKIM - -/ _ ~.~^ . ~~ � _ � 16JI OM.IRC-> HOTEL uw 16 LIBRA�il"\ F.1 MT.� W , U.S. 41 TAMIAMI TRAIL OAK LAKE IHf IV SANCTU BARRINGTON CLUB LAUREL OAKS T JAMESTOWN INGTON SAND POINTE LIN e LAS BRtSAS h, P K uw 13 0 ST ANDRW uw 9 uw 5 WATERFORD WATERFORD BARRINGM WILLOW MM O THE t i IMF Cl tip AT O VILLA LANTANA ISLE LA i, CAN RA ' PELICAN Il VERDE x DEAUVILLE POINTE VERDE CKSCERL_ � —j UW 2 WTERILACHEN li GRAND BAY PEEIKE CREEK CALAIS W 14 SAN MARINO PRACTICE AREA u. w 3 Cocom CARLTON P y CROWN COLONY LACE PARCEL WATERPARK ST. RAPFIAEL PLACE PARK PARCEL UNT 16-- INNER UPPER CLAM BAY CLAM BAY, CONSERVATION AREA Z I IINTESSA �TR,W() 11 J� GULF OF MEXICO ACTIVITY INITIALS/Eff. N0. DATE r �,/;���� aryWom - LwzbcWo Adb*c he N9pil--r-fkysm-Svm,.* -Bradmton, T, Baby LW Me XV • N4*A paj* 3a5w. Mom 9040-400. Fax � DESIGNED BY: SAM/302 01/01 DRAWN BY: JCR/319 01/01 CHECKED BY: ADMiN )MIN BY DATE DRAWN BY 'LMP. NO. ICHECKED By EMP. ND.1 _CONTRACT WM APPROVED BY: I 1 41 TAMIAMI TRAIL OU LAKE V"E "ADDITION PAW , C�k SANCTUAW BLK 'C' PiNfCRESI BLK LW 5 W ERQuK umt 2 \ INTERLAC PRACTICE AREA -40- GULF or MEXICO FIRST Lwm F, FOR THE Cum" Lliuml f. PASS PAW SOUTN BEACH PARK -LEI LINEAL LANE MILER( ,CH 16J�, ,END: PUBLIC ROADWAY -E 4 LANES = 17.6 MILES 2 LANES = 15.4 MILES 16J1'i PRINTED FEB 0 1 2001 WilsonMiller, Inc. i 16J1 FINANCIAL I> u.a. SUN DANK _W N 1..{� I� WATERSIDE SHOPS �k I W I _ ST. Vall Arcs CHURCH I DRIDGEWAY NLLAS - I 1 uw ow 111 l' Ba'f WLAS TIFARA MAR IF �ST. SIMONE SERD T. REGISTRY RESORT STRATFO2D ST. TPOPE' I a ST. NICOLE HERON o I I V ' DOCK OUTER CLAM BAY ,CH 16J�, ,END: PUBLIC ROADWAY -E 4 LANES = 17.6 MILES 2 LANES = 15.4 MILES 16J1'i PRINTED FEB 0 1 2001 WilsonMiller, Inc. `o w X W H O a 2 >m Um UJI CL GV l� N GV -i CIO 1-1 N L_ crJ L__ V_ .-, ,-, -, L` m L` .-i N N x m L-- O 000 �c�oc�0000000c��000-o0 o0Ce L-L—= r — XNCa 'tt Mc000 00 CD 00 1 1 1 i i i i i i i C'S m Q� l� 1CJ LfJ Q� Lo Lo Lo 10 LO Lo Lo N LO LO LO L[J LO LO LO LO N LO LO Ln LO LO LO LO GlJ ICJ di di in ka W O ^ a r 0 O W P64 � � w y ca 4� ct W Z w o F 4� cd cd a� O c� cd cd yC O Gil F a' U E' 4-, .� c� .c� b +� •� m zs a� M 44 tz + y G> U cd uo o a a z ° o cc (1) W c3 C3 C7 C7 C7 �� ` x a z Z .., r i:Y_ d . —1 c� cad G. C y p c1� cd o ox N o� U� U� CIO CIO cn HE__� �� > >> 33 T P91 C J _0 CD - L_ O '' _lz CV m x LO --i' - C,J CJ In CO d, L` C J CD O� Q� l� d O CV 00 iLJ GV 00 LLJ O �, Cq a� +, 0 0° U to W � a �' � � � v U C •�.,' p. GJ � � � ^ � � u �., Q � � `� O Oro O P, µi � � � �+' a � u Q " a 0. y y C cc L) o o O p Aa O o Q a u a o cz co o 0 o L l 1 O H• O C�•D•� e-r e-r lJ O z C* lJ O e� ■ O O.. e-r O b ..S CD n O b O I � F 4 (,3V •-3 w w n 0 a m 0 0 a b x L 0 �y 0 m ry _- N V � C w w 0 a C w � 0 a w c: y w C e o w C,° N 1E w ON C. 16J1 EASEMENTS NO. O.R. DESCRIPTION 24 911 33 -36 (THE GROSNEVOR) 25 860 574 -577 (THE DORCHESTER) 27 790 1806 D.E. ADJACENT TO GOLF COURSE 28 790 1807 D.E. ONE EAST 29 790 1808 D.E. ONE WEST 30 790 1809 D.E. 2 31 790 1811 -1833 DETENTION AREA 2, DRAINAGE SYSTEM II 32 790 1814 DETENTION AREA 4, SYSTEM 3 AND SYSTEM 4 33 790 1816 DETENTION AREA III, SYSTEM 1 AND 2 34 790 1817 DETENTION AREA III, SYSTEM 1 AND 2 35 790 1818 DETENTION AREA III, SYSTEM 1 AND 2 36 790 1819 DETENTION AREA III, SYSTEM 1 AND 2 39 1236 1729 D.E. 3 & 4, DRAINAGE SYS. VI (OUTSIDE RITZ 6 ANNEX) 40 1236 1730 LAKE NO. 1 - DRAINAGE SYS. V (OUTSIDE LIBRARY) 41 1236 1731 SWALE NO. 1 - DRAINAGE SYS. II 42 1236 1732 LAKE NO. 2 - DRAINAGE SYSTEM II 43 1236 1733 SWALE NO. 2 - DRAINAGE SYSTEM V 45 1236 1735 SWALE NO. 3 - DRAINAGE SYSTEM V 46 1236 1736 LAKE NO. 4 - DRAINAGE SYSTEM V 47 1236 1737 SWALE NO. 4 - DRAINAGE SYSTEM V 48 1236 1738 LAKE NO. 5 - DRAINAGE SYSTEM V 53 1236 1743 D.E. NO. 8, DRAINAGE SYSTEM VI 54 1236 1713 A.E. TO BERM (THE GLEN) 55 943 1865 D.E. (PART OF PARCELS "D" AND "J ", UNIT ONE) 56 1023 1775 D.E. (THE HERON) 57 1236 1708 A.E. & D.E. (PART OF PARCEL "0 ", UNIT ONE) 58 1232 699 A.E. & D.E. (REGISTRY) 59 1269 1896 A.E. 6 D.E. (ST. MAARTEN) 60 847 936 D.E. (PART OF PARCELS "G" 6 "H ", UNIT ONE) 61 1001 1868 D.E. ((7ULF VIEW PROP ) 62 1289 1684 A.E. & D.E. (LAKE AT WILLOWBROOK) 63 790 1831 D.E. (NORTH LINE OF BLOCK "A ") J+ 35 g.} .. 55 - . i i ti 33 - - ` -2�� 34 I ' Z t to I I I T h0 y ul .66 1 ,O ,O 10 r 6F` ��G ik `;77 1833 DESCRIPTION (THE GROSNEVOR) (THE DORCHESTER) D.E. ADJACENT TO GOLF COURSE D.E. ONE EAST D.E. ONE WEST D.E. 2 DETENTION AREA 2, DRAINAGE SYSTEM II DETENTION AREA 4, SYSTEM 3 AND SYSTEM 4 DETENTION AREA III, SYSTEM 1 AND 2 DETENTION AREA III, SYSTEM 1 AND 2 DETENTION AREA III, SYSTEM 1 AND 2 DETENTION AREA III, SYSTEM 1 AND 2 D.E. 3 & 4, DRAINAGE SYS. VI (OUTSIDE RITZ 6 ANNEX) LAKE NO. 1 - DRAINAGE SYS. V (OUTSIDE LIBRARY) SWALE NO. 1 - DRAINAGE SYS. II LAKE NO. 2 - DRAINAGE SYSTEM II SWALE NO. 2 - DRAINAGE SYSTEM V SWALE N0. 3 - DRAINAGE SYSTEM V LAKE NO. 4 - DRAINAGE SYSTEM V SWALE NO. 4 - DRAINAGE SYSTEM V LAKE NO. 5 - DRAINAGE SYSTEM V D.E. NO. 8, DRAINAGE SYSTEM VI A.E. TO BERM (THE GLEN) D.E. (PART OF PARCELS "D" AND "J ", UNIT ONE) D.E. (THE HERON) A.E. & D.E. (PART OF PARCEL "D ", UNIT ONE) A.E. & D.E. (REGISTRY) A.E. & D.E. (ST . MAARTEN) D.E. (PART OF PARCELS "G" & "H ", UNIT ONE) D.E. (GULF VIEW PROP.) A.E. & D.E. (LAKE AT WILLOWBROOK) D.E. (NORTH LINE OF BLOCK "A ") 33 Lu r7 W F-- Q CD Q L.LJ co 16J1, EASEMENTS NO. O-R. DESCRIPTION 63 790 1831 D.E. (NORTH LINE OF BLOCK ' 65 790 1834 DETENTION AREA III. SYS. 1 66 1049 1466 RETENTION AREA, (PARCEL "C" 67 1108 2260 A.E. & 12' D.E. (EASEMENT " 69 1207 1162 D.E. NO. 1 (PART OF PARCEL 70 1207 1164 D.E. NO. 2 (PART OF PARCEL, 71 1207 1152 D.E. NO. 3 (GEORGETOWN) 72 1207 1153 D.E. NO. 4 (GEORGETOWN) 73 1207 1154 D.E. NO. 5 (GEORGETOWN) 74 1207 1155 D.E. NO. 6 (GEORGETOWN) 75 1207 1156 D.E. NO. 7 (GEORGETOWN) 76 1207 1157 D.E. NO. 8 (GEORGETOWN). 77 1207 1158 D.E. NO. 9 (GEORGETOWN) 78 1207 1159 D.E. NO. 10 (GEORGETOWN) 81 1207 929 PARCEL "A" COMMON AREA (GEO1 82 1162, 2130 -2133 DETENTION AREA 1, SYSTEM 3 83 1236, 1726 -1743 LAKE 1, SYSTEM V. LIBRARY S 84 966 1874 D.E. COUNTY PARK 92 ( FROM PLAT) ALL OF TRACT "l 93 1001 1868 -1870 (FROM WEST.) PART OF PRCLS 94 1239 966 -967 (FROM WEST.) ? ?? 102 1389 1733 -1793 D.E. NO. 23 PART OF PARCEL I 103 1389 1730 -1732 D.E. NO. 24 PART OF PARCEL C, 200 935 1560 -1562 D.E. SUPERCEDES O.R. 790, 1£: 201 1231 209 -210 PARKING PARCEL s A ") & 2 UNIT ONE) C ", PELICAN LAKE VILL.) "D" UNIT FOUR) "D" UNIT FOUR) �GETOWN) ITE 1. - UNIT FIVE D & E, UNIT FIVE PBAY4 PBAY4 332 16J1'� EASEMENTS NO. DESCRIPTION 301 UNIT 13, O.R. 310 1492,1479 -1496, 12' PBIDDE BETWEEN LOTS 1512, 469 -475 311 1321,2376-2382. UNIT 10, LAKES 1492, 1479 -1496 1298, 722 -725 313 UNIT TWELVE GOLF COURSE 320 1321, 2376 -2382 EAST OF UNIT 9 321 1536, 1879 -1912 60' GRANDBAY 322 NO GRANT OF EASEMENT PBID SYSTEM VI, NO. 5 351 1236,1740 PBID SYSTEM VI, 15' ACCESS EASEMENT 352 1236, 1741 PBID SYSTEM VI. 15' NO.2 353 1236, 1742 PBID SYSTEM VI, 30' 354 1423, 044 -046 PBID SYSTEM VI, NO. 6 355 NO GRANT OF EASEMENT PBID SYSTEM VI, NO. 4 357 NO GRANT OF EASEMENT PBID SYSTEM VI, NO. 7 359 1536, 1879 -1912 GOLF COURSE 360 1519, 1463 -1468 UNIT 13 361 1536, 1879 -1912 UNIT TWO - DETENTION 400 1832, 762 -764 D.E. 401 1848, 096 -098 PORTION D.E. 1236, 1726 TO BE VACATED i Ile '" a ♦S91 i3 -55 r t 1 0 o i 1{ ♦SS t ` T t \ 2/ I ♦ 1N 1/ / { �� Ic UD LO u 1 0T Y '� / { \ / F Ys 4. rti per• ` + �'�♦ ✓ /`361 - ,� + 31 -f �s 1351 %� 0- 361- _ -36t- 3610- • •36 i Iti361 � � ♦36j v 1 i -3511 36t{ _. � {�, \ .�, ♦ � � ' �a1► i �'1- � ~'911 � ^h�°S 0� � 0 m .. � �� 69 /. 359 -0 c M \ f/ o l o° ti w / 0, -200- — 290 2 16J1 TAMTAMT TnA 0. R, E BETWEEN LOTS LAKES JE GOLF COURSE VIT 9 3AY =M VI, NO. 5 .M VI, 15' ACCESS EASEMENT :M VI, 15' NO.2 'M VI, 30' :M VI, NO. 6 :M V1, NO. 4 :M VI, NO. 7 3E DETENTION E. 1236, 1726 TO BE VACATED 16J1 '� GULF OF MEXICO 16J1 �- TAMIAMI TRAIL NORTH (U.S. 41) 16J1 ".:i EASEMENTS O.R. VACATIONS 1023 1773 -1774 1156 2024 -2025 1168 1772 -1773 1224 2311 -2313 1236 1705 -1707 1232 697 -698 1269 1894 -1695 943 801 -802 1108 2250 1289 1661 -1683 1001 1866 -1867 1049 1457 -1458 1207 1148 1049 1459 -1462 947 651 -853 943 1859 VACATES PART OF O.R. 943, P. 1865 (HERON) VACATES PART OF O.R. 1001, PGS. 1868 -1870 VACATES PART OF O.R. 1001, PGS. 1868 -1870 VACATES PART OF O.R. 943, PG. 1865 (THE GI. VACATES PART OF O.R. 943, PG. 1865 (THE GL VACATES PART OF O.R. 943, PG. 1865 (REGI''-,f VACATES PART OF O.R. 943, PG. 1865 (ST. Mn VACATES PART OF O.R. 790, PGS. 1796-1802 f VACATES O.R. 790, PG. 1610 6 O.R. 935. Pt, . VACATES PART OF O.R. 1001, PG. 1868 (WILL( VACATES O.R. 790, PG. 1813 VACATES O.R. 790, PG. 1812 (LAS BRISAS) VACATES O.R. 935, PGS. 1558 -1559 (GEORGFI, VACATES O.R. 943, PGS. 1860 -1864 VACATES PART OF O.R. 943, PGS. 1860 -1864 VACATES PART OF PARCELS "C ", "O" VACATES O.R. 1236, PAGE 1734 16J1 NOTE: THIS IS A C FACILITIES ABSTRACT NO 65 (HERON) :1868 -1870 (WALL ENCR.) `1868 -1870 (ST. ANDREWS) B65 (THE GLEN) 865 (THE GLEN) 865 (REGISTRY) 965 (ST. MAARTEN) 1796 -1802 & 1820 -1822 (R /W) A. 935, PG, 1560 X868 (WILLOWBROOK) 16JI ,- kinrr. 4 , ` NOTE: THIS IS A COMPOSITE DRAWING OF EASEMENTS FOR THE WATER MANAGEMENT FACILITIES OPERATED AND MAINTAINED BY THE PELICAN BAY SERVICES DISTRICT ABSTRACT NOT FURNISHED AT THIS DATE. 4 g t -0 31h r ` ~ �3 t \`r� ` i� Y i 46- Y � O � Q► ,Q a P / s � o I I � 1 Q + o _ \ 1 � 4� N ru - r� 1 + / N f 47' � •41- o � - c -At — ` p0 i * .op Lu H O Z ci Q m J cc W 0 Q 16JI'„� zi SCALE. 1' - 300' •Y '- 31h r ` ~ �3 t \`r� ` i� Y i 46- Y � O � Q► ,Q a P / s � o I I � 1 Q + o _ \ 1 � 4� N ru - r� 1 + / N f 47' � •41- o � - c -At — ` p0 i * .op Lu H O Z ci Q m J cc W 0 Q 16JI'„� zi SCALE. 1' - 300' •Y EXHIBIT "G" 16J1 , 16J1 ADDITIONAL EASEMENTS NOT SHOWN ON EASEMENT PLAN EXHIBIT "H" 16J1 1884005 OR: 2008 PG: 1155 acmio is Wrau acons d CUM qNN, a 12 /16 /91 at Min Diam i. 6a, am ac W OOC -.11 .w ats: Q=10WWD miinna in IL= QUITCLAIM nr_rn W 1115 o - f a�TCLiILi GEED sadt this A��_ day of 71 1.92 . by the noasd of County Commissioners of collier county, Flor da, as the successors to the Pelican Bay Improvement District, ORAI:TOR, and P.D.D. Associates of Naples, Ltd., a Florida Limited Dastaership, its successors and assigns, GRANTEE. R I T N E 9 S E T H: That the GRANTOR, for and in consideration of Petition AV 94 -008 mW the am of Ten Dollars ($10.00) and other valuable consideration to it LA hand paid by the GRANTEE, receipt of which -iis OV101ed, hereby remises, releases, and quitclaims fir, all right, title, interest, claim, and demand which the said WANTOR has in that certain portion of an sccels and dra '_ape easement interest in, of, and about the following described lands being located in Collier County, Florida, to -wit: A portion of an access and drainage easement described in Official Record Book 1536, Page 1912 of the Public Records of Collier County, Florida and further described in (8M Exhibit ^A" attached hereto and incorporated heroin by reference) IN WITNUS WHMMOF, the GRANTOR has caused these presents to be exeeutld in its name by the BOARD OF COUNTY COM IISSIONERB �y:. %bO Chairman or Vice Chairman of said Board, the �ikfaiasa 3 a _ day =�ROQC BOARD OF UNTY COMMISSIONERS Clerk CO WO Y, FL7Y# By. TI�SO Ti Y N INE, Chairman Prepared by: Heidi F. Ashton, Esquire Office of the icenty Attorney 33 11 East Tamiami Trail Uspies. Florida 33962 (813) 774 -8400 RD V� M /11894/1749.. x 16J1' i OR: 2008 PG: 1155 DESCRIPTION OF P.B.Z.D.D.B. ACCESS AND DRAINAGE EASEHENT TO BE RELEASED FROM COCOBAY AT PELICAN BAY DESCRIPTION Of A PARCEL OF LAND LYING IN THE SOUTHWESTERLY CORNER OF C0008AY AT PELICAN BAY, AS RECORDED IN PLAT BOOK 21, PAGES 70 AND PUBLIC RECORDS FLORIDA D FOLLOWSi 82GINNING AT THE SOUTHWEST CORNER OF COCOBAY AT.PELICAN BAY: THENCE ALONG THE EASTERLY RIGHT OF WAY LINE OF PELICAN BAY BOULEVARD (121' WIDE) BY A CURVE TO THE RIGHT THROUGH A CENTRAL JUWLS OF 02.39.33 ", HAVING A RADIUS DISTANCE OF 1080.00 FEET AND 082HO SUSTSNDED BY A CHORD WHICH BEARS NORTH 09'06'42" WEST A CHORD DISTANCE Of 80.12 FEET, FOR AN ARC LENGTH OF 50.13 FEET: THBNCB ALONG THE NORTH LINE OF THE 60 FOOT P.B.I . ACCESS AND DRAINAGE B"XHRHT IO.R. BOOK 1536 PAGE 19912) 12) THE YOUR TOLLOWING COURS854 THBBCB SOUTH 98*26.26" BART FOR A DISTANCE OF 91.41 FEET; THENCE NORTO 89018'23" EAST FOR A DISTANCE OF 81.51 FEET; THSBCB NORTH 88'23'03" EAST FOR A DISTANCE OF 121.09 FEET; THENCE NORTH 62*3$ *Zl" BAST FOR A DISTANCE OF 73.73 FEET, TO XXTE11SECT WITH TUB SOUTHERLY LINE OF COCOBAY AT PELICAN SAT, DISTANCE OfH3`8I81 fBSTHTOLTHELPOINTSOFT 5" WEST FOR A BEGINNING5 CONTAINING 7785 SQUARE PEST OR 0.179 ACRES, HORS OR LESS. l•_ W,ibit W, Page 1 of ¢ To DEEb n. 3 1 OR: 2008 PG: Ml QRUCRIPTIOH 1611 ACCESS Aliv PPA; nag c0ii"iO4f%.pvLIcAH frAt LYZAS I)U-T"jkAo-UT-"6ASTERLY CORVNR 21, PAGES 79 Awr. alcORDS L: -, i �� FLORIDA AND low's - OS couid]0 ....... rivW, v%WW- Ya RDS as rOLLOW`Ss By HaT;,V. AND - Pp�tl. "4'. P N 13ELICAATo jjjLr CORNER Pr-0, 091 )rl- .�AT PELICAN SAY, LINE oir 4 rxgtv- To INTERSECT WITS ` CE' AND DRAIXAG2 G SAID NORTHERLY YOR a DISTJOICV, -OP"- 11.66 FEET, TO rM?Tll OUT LINE AT PELICAN 13ATI lift. ORTIL.70-!'� . ;3&!42- EAST FOR A LINE H jg• 'POINT OF g.to 37, V&gT OR 0.001 ACRES.-,• HQRZ ..OR LESS. is Ddlibit "A", rage,3- of. 4 To 4?u.T C-LA##A t*DQ> F .t OR: 2006 PGI 1159 ' l 6,11 � -- W_ } (i GRAND BAY AT PELIGW O�.Y PEAT. GOOK 18. PAGES P.O.B. v -; a s�,:�• SOUTHEASTERLY MOST BAT GRAND AT P EUCAM � gay _ NM. C ;E•; r COCC�1`I AT PlucA •a rn N s. J ...,,...ate -- ..------ .. - - -- �_ - -- �t. s K.cv�70SE •�� —,� `- . , r; LAW pr * .. fe ca a s Cr aaa� i s •K'C><SS MV A4MMwY'GISILtNf AM TOWNSFW 'Ilq Z! 6t OA MW IlJf PAC[ "7917 ' ;�;3 :' ' ' ',tU �� '0 ^, ►+pair ES . F - �•;.;,����-�::;��R8�7's� This instrument was prepare Heidi F. Ashton Assistant County Attorney 3301 Tamiami Trail East Naples, FL. 34112 QUITCLAIM DEED ','i A 77J��! 17 r ;f 3 05 16J This QUITCLAIM DEED made this day of _, 1997 by the Board of County Commissioners of Collier Cour 'y, Florida, a uccessor to the POican Bay o : a Improvement District, Grantor, and Bay Colony, Gateway, Inc., a Florida Corpur�t : -n, it's C successors and assigns, GRANTEE. y ii WITNESSETH S That the GRANTOR for and in consideration of Petition AV- 96-030 and the sum of ten dollars (SI0.00) and other valuable consideration to it in hand paid by the GRANTEE, receipt C of which is hereby acknowledged, hereby remises, releases, and quitclaims unto GRANTEE —2 forever, ad right, title, interest, claim, and demand which the said GRANTOR has in that e certain portion of a drainage easement interest in, of and about the following described lands P o N being located in Collier County, Florida, to-wit: e or v A portion of the Grant of Easement as reco rded in O.R. Book 790, Page 1803 and O.R. Book 1419, Page 234 of the records of Collier County, Florida, and more particularly public described in g N o u =V (Exhibit "A" attached hereto and ^ incorporated herein by reference) D ..� IN WITNESS WHEREOF, the GRANTOR has caused these presents to be executed in it's name by the Board of County Commissioners acting by the Chairman or Vice Chairman of ® ml said Board, the day and year aforesaid. B BOARD OF COUNTY COMMISSIONERS u e w ATTEST: DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: imothy ancock, Chairman This instrument was prepare Heidi F. Ashton Assistant County Attorney 3301 Tamiami Trail East Naples, FL. 34112 � � OR: 2339 PG: 2255 16J1 nES ^pfPTION OF DRAINAGE EASEMENTS TO BE VACATED SEE SHEET 2 OF 2 SKETCH OF DRAINAGE EASEMENTS TO BE VACATED iNOT A SUR Y _ 4�67� cE1+�R LINE 5. PGS' 6 CFi c f - �_ / �p.B• � Of PAR Y UNIT TEN (120 0 IR/ EASTERLY LINE _ Pp�CAN BA SOULFVARp "wAY LINE AND �nUTY EASEMENT PFLJ SAY wES F �� 2D 7109 10.32 �•E w l 5 � �• P.B.I.D•D� ACATED 36 29-7.12 TO B i 419. PG• 2 L L.2 L3 TO ` 1" = SCALE s0' X75 BE VACA7IED 1 WV-iEAS7EftY CORNEA F PARCtI To _ U U I1NE DATA to �O. io S 76'33'00'W 11.96 A p N 0075'01'W 73.00 ■ No� N 76 *33'00'E 15.65 ,o O, N ■ O -1 ♦' 01 z W_ LEGFdQ P.CLC. - POINT OF COMMENCEMENT '� b '. I V P.O.B. - POINT OF BEGINNING o a P.BLD.D.E - PELICAN BAY IMPROVEMENT i Vj DISTRICT EASEMENT. Q F A ` am va W N � \i N {T a U � n O O I I EASTERLY LINE aF� I — O.R. 790. PG,S 1814 -1815 _ j� LZ - P.B.1.D.D.E. O.R. 790, PGS. 1814 -1815 BEARINGS ARE BASED ON THE EASTERLY LINE OF PARCEL 'C' BEING, SOUTH 1072'58' EAST AS SHOWN ON 1T}E PLAT OF PELICAN BAY um T , I Lo N AS RECORDED IN PLAT BOOK 1B, PAGES 5-13 PUBUC RECORDS COLLIER COUNTY FLOI"DA PREPARED BY: BY: r eCtJ R.S.M. NO. 5335 SCA DR BY: DATE: ,.EE!L 75. 1996 nw�� �„r�, pr�..�, � r.s .m..n•• CHECKCD BY: PROJECT N0.:�4 =1 ar. erw n.... n....�. "" w....w. = A A wr.wu FILE ND. ACAD NO: 57777 5D ~ �u SHEET 1 OF Z cm rr "A° "t OR: 2339 PG: 2256 * :x ^rS RIP7T0'1I OF DRAINAGE EASEMENTS TO BE VACATED ALL THAT PART OF PELICAN BAY IMPROVEMENT DISTRICT DRAINAGE EASEMENTS AS BEING A DESCRIBED GE 236. ANDCI AS BEING DELINEATED ON THE THE PPLA PELICANpBAY UNIT 9 F7EEN. AS RECORDED IN PLAT BOOK 18. PAGES 5 THROUGH 14 PUBLIC RECORDS OF COLDER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCING AT THE NORTHEASTERLY CORNER OF PARCEL 'C' OF SAID PLAT, THENCt SOUTH 1072'38' EAST ALONG THE EASTERLY LINE OF SALO PARCEL 'C' A DISTANCE OF 297.12 FEET TO THE POINT OF BEGINNING OF THE DRAINAGE EASEMENTS TO BE VACATE - THENCE CCNTpWE ALONG THE EASTERLY LINE OF SAID PARCEL 'C' SOUTH 1032'58' EAST 7.7 09 FEET: TNEIYOE LEAVING SAID EASTERLY LINE OF SAID PARCEL 'Cl SOUTH 7673'00' NEST 11.96 FEET TD THE BEGINNING OF A CIRCULAR CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 2 052.83 FEET: THENCE WESTERLY ALONG THE ARC OF SAID CIRCULAR CURVE. THROUGH A CENTRAL ANGLE OF 12'5159' AN ARC DISTANCE OF 460.99 FEET TO AN INTERSECTION MTN A EASTERLY LINE OF THOSE LANDS AS DESCRIBED IN OFFICIAL RECORD BOOK 790. PAGES 1814 THROUGH 1815. PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA: THENCE NORTH 0075'01' NEST ON A RADIAL LINE TO SAID CURVE A DISTANCE OF 7100 FEET TO AN INTERSECTION MTN THE ARC OF A CIRCULAR CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 1979.83 FEET' THENCE EASTERLY ALONG THE ARC OF SAID CIRCULAR CURVE, THROUGH A CENTRAL ANGLE OF 1231'59' AN ARC DISTANCE OF 444.59 FEET TO A POINT OF TANGENC7: THENCE NORTH 7673'00' EAST 15.65 FEET TO THE POINT OF BEGINNING OF THE DRAINAGE EASEMENTS TO BE VACATED. CONTAINING D.782 NET ACRES OF LAND MORE OR LESS SU9,ECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 16J1' CLERK TO TEE BOARD RICORDID in the OPPICIAI RECORDR`Of COLLIER COOM, 11 DOC•.10 IRTHROtPICI 4TE FLOOR 08101196 at 09:14AR DVIC97 1. BROC1, C14U COlIEE 11T 1240 F EASEMENT 16J1 r" .. This indenture made and executed this 2 7 day of Tu , I e , 1996, by and between Mako International Holdings Ltd., a British Virgin Islands corporation, hereinafter called GRANTOR; and Collier County, Florida, hereinafter called GRANTEE; WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, receipt of which is hereby acknowledged, the GRANTOR hereby grants to GRANTEE, its successors or assigns, an easement for access and drainage, including the construction, placement, maintenance, repair and replacement of drainage swales, lakes, embankments, structures, pipes, manholes and related appurtenances over, under, on and through the properties described on EXHIBIT "A" attached hereto and made a part hereof. TO HAVE AND TO HOLD the easement hereby granted unto said GRANTEE, its successors and assigns. GRANTEE, by acceptance of this easement agrees for itself, its successors and assigns, agrees to maintain the water management and drainage facilities within said easement and not interfere with the right of ingress or egress of GRANTOR, its successors and assigns, or any other party requiring access over the properties over which said easement is granted or to airy properties abutting the properties encumbered by this easement. GRANTEE agrees that it will, to the extent reasonable and possible under the circumstances, use care in performi 16J1 DESCRIPTION OF PROPOSED DRAINAGE EASEMENT NO. 10 A 15.00 FOOT WIDE DRAINAGE EASEMENT FOR PELICAN BAY 1MPROVEMENT DISTRICT OVER, UNDER AND ACROSS ALL THAT PART OF PARCEL D, PELICAN BAY UNIT FOUR, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 13, PAGES 30-32, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING 7.50 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE NORTHWEST CORNER OF SAID PARCEL D; THENCE SOUTH 14. 5725" EAST ALONG THE WESTERLY LINE OF SAID PARCEL D, A DISTANCE OF 1,068.27 FEET; THENCE SOUTH 29 °40'25" EAST ALONG THE SOUTHWESTERLY LINE OF SAID PARCEL D, A DISTANCE OF 443.38 FEET TO THE POINT OF BEGINNING OF THE CENTERLINE OF THE DRAINAGE EASEMENT HEREIN BEING DESCRIBED; THENCE NORTH 60° 19'35" EAST 150.00 FEET TO THE TERMINUS OF THE CENTERLINE OF THE DRAINAGE EASEMENT HEREIN DESCRIBED; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. AGNOLI, BARBER & BRUNDAGE, INC. Charles 1. D ar, P.L.S. No. 4096 Date 03-093 Y6.DES This instrument was prepared by Richard D. Yovanovich, Esquire Roetzel & Andress, A Legal Professional Association 850 Park Shore Drive Trianon Centre, Third Floor Naples, Florida 33940 (941) 261 -3659 IL, vv.+ r r/ vii. c.QIL. i v 0 J. +++ RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 08/01196 at 09:14AM DWIGHT E. BROCK, CLERK RIC FEE 15.00 COPIES 3.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR 117 1240 _Fzu.� U �Y 16J1 (Space above this line for recording data) PARTIAL RELEASE OF EASEMENT KNOW ALL MEN BY THESE PRESENTS: WHEREAS, Collier County as successor to the Pelican Bay Improvement District (the "Grantor ") is the owner of that certain access and drainage easement (the "Easement ") as described in the Grant of Easement recorded in the Public Records of Collier County, Florida on July 22, 1986 in Official Records Book 1207, Page 1159; WHEREAS, Mako International Holdings Ltd., a British Virgin Islands corporation, is the owner of that certain real property described in Exhibit "A" attached hereto (the "Property") which is subject to the Easement; WHEREAS, the Property is currently burdened by the entire fifteen (15) foot Easement two feet north of the southerly property line for the Property; WHEREAS, Grantor desires an easement for access and drainage on only the seven and one -half feet north of the southerly line of the Property and pursuant thereto Grantor has executed this Partial Release of Easement, and Mako International Holdings Ltd. has executed and delivered to Grantor a certain Grant of Easement for the seven and one -half feet; WHEREAS, it is the interest of the Grantor to release all rights, title and interest conferred upon Grantor by virtue of or arising from the Easement AS TO THE PROPERTY ONLY; WHEREAS, THIS RELEASE IS ONLY A PARTIAL RELEASE OF THE EASEMENT as it pertains only to the Property as described in Exhibit "A" attached hereto owned by Mako International Holdings Ltd., a British Virgin Islands corporation, by Warranty Deed recorded May 31, 1995 in the Public Records of Collier County, Florida at Official Records Book 2064, Page 164; anq WHEREAS, the Property is not the homestead property of the Grantor. 16JI'i NOW, THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor hereby vacates, releases, remises and quit - claims to Mako International Holdings Ltd., a British Virgin Islands corporation, ( "Grantee ") all right, title and interest conferred upon Grantor by virtue of or arising from the Easement and Grantor's right, title and ownership interest in the Property by virtue of the Easement. Grantor hereby vacates, releases, remises and forever quit - claims the same of record as to the Property. IN WITNESS WHEREOF, the said Grantor has hereunto set its hand this ,A "day of Wa7, 1996. Attest:,. , Dwight E. Brdck,,. -Clerk - By: r _ -STATEbOF FLORIDA - COUNTY OF COLLIER Board of County Commissioners of Collier County, Florida BY: -:5- C. Norris, Chairman AA ?v a as to for 1 gal s-Ifficiency Assistant: Coonty Attornu I HEREBY TIFY that on this day, before me, officer duly authorized on the State and County aforesaid to knowledgments, perso y appeared John C. Norris as Chairman of the Board of County Commis ' ers of Collie ounty, Florida, who is personally known to me or who has produced as identification, and acknowledged executing the same in the presence of o scribing witnesses freely and voluntarily under authority duly vested in him by sat orporation. 59361_1.WP5 r Notary Public NotaryName:_ (Type or Print) My Commission Expires: -,-% 2 EXHIBIT "A" 16J1 Part of parcel D, Pelican Bay Unit Four, according to the Plat thereof, as recorded in Plat Book 13, Pages 30 -32, Public Records of Collier County, Florida, and part of Parcel M, Pelican Bay Unit Two, according to the Plat thereof, as recorded in Plat Book 12, Pages 74 -79, Public Records of Collier County, Florida, being more particularly described as follows: Commencing at the Northwest corner of said Parcel D; thence South 14° 57' 25" East along the westerly line of said Parcel D, a distance of 1,068.27 feet; thence South 290 40'25" East along the southwesterly line of said Parcel D, a distance of 328.38 feet to the Point of Beginning of Parcel 22 herein being described; thence North 60° 19' 35" East 150.00 feet; thence South 29° 40' 25" East 115.00 feet; thence South 60° 19' 35" West 150.00 feet to an intersection with the southwesterly line of said Parcel D; thence continue South 600 19' 35" West 40.00 feet; thence North 29° 40' 25" West parallel with the southwesterly line of said Parcel D, a distance of 115.00 feet; thence North 60° 19' 35" East 40.00 feet to the Point of Beginning 2020651 OR: 2146 PG: 0138 UCOIDID in o11ICIAL 21cO,DI of COL1111 CC=, n 02106/96 at 07:211W DWIGHT I. 81 tt n IZ 14.00 ►,eQved Br. DOc -.70 .70 urda ti iAW" let,: Acanrr At it cuu TO TWI low 866 991h AMWO Nam IRII0111a STW 1LOO, N,ples. FlMda 77967 11? 8606 161 1 GRANT OF EASEMENT THIS EASEMENT, granted this, day of October, 1995, by CS-2 VENTUF F:, a Florida General Partnership, whose Post Office addres is: 5551 Ridgewood Drive, Suite : 1? Naples, Florida 33963, as Grantor, to the BOARD OF COUNTY COMWUSSIONERS OF � JLLIER COUNTY, FLORIDA, its sins and assigns, ( 'County "), as Grantee. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($ 10.00) and other good and valuable consideration, receipt of which is hereby acknowledged, the GRANTOR hereby grants to GRANTEE, its successors or assigns, an easement for the construction, maintenance, repair, replacement along with ingress and egress of water management facilities and related appurtenances over, under and through the properties described in Exhibit 'A' attached hereto and made a part hereof; TO HAVE AND TO HOLD the easement hereby granted unto said GRANTEE, its successors and assigns. GRANTEE by acceptance of this easement agrees for itself, its successors and assigns, to maintain said water management facilities within said easement and not to unreasonably interfere with the right of ingress or egress of GRANTOR, its successors and assigns, or any other parry requiring access to any of the properties over which said easement is granted. GRANTEE agrees that it will, to the extent reasonable and possible under the circumstances, use case in performing work within the properties encumbered by this easement. GRANTOR agrees for itself, its successors and assigns that it will be responsibile for the cost of any and all repairs, replacement, maintenance or restoration of landscaping, including sodding, roads, seawalls, fountains, buildings or walls or any other facilities that have been or will be located in the portions of the properties encumbered by this easement. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. CS -2 VENTL E, a Florida general partnership By. Royal ^ Build-x&-H, Inc. a Flcrida Corpora Its: Gen ,tier Wi ses: i By: I ed Name: "m Dq A r- R+.��d.�1 D. Coleman, �e�... Printed Name: S%*i#%& J.Bwa"e -a (Corporate Seal) STATE OF FLORIDA COUNTY OF COLLIER ACKNOWLEDGED BEFORE ME, an this N day of October. 1995, by SZPHEN D. COLEMAN, who is personally known to me, as President of CC0ffl3D3PM0' a Florida corporation, ( "CI ") as a corporate general partner of CS-2 VENTURE, a Florida general partnership (the "Venture "), on behalf of CI and the Venture. *Royal Palm Builders II, Inc. e LINDA A. LAW90" My Comm Esp. 3-10.95 Bonded By S-91- Ins No. Cc358724 BRETT A. BISHOP 16J1 PROFESSIONAL LAND SURVEYOR 14848 OLD 4 i, SUITE 4 NAPLES, FL 33963 TELEPHONE 813 - 597 -1315 FAX 813 -597 -5207 BREAKWATER AT PELICAN BAY LAKE, DRAINAGE, MAINTENANCE, ACCESS EASEMENT ( PARCEL "B" ) LEGAL DESCRIPTION A PORTION OF PARCEL "B ", PELICAN BAY, UNIT NINETEEN ACCORDING TO THE PLAT THEREOF RECORDED IN PLATBOOK 22, AT PAGES 15 AND 16 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF SECTION 33, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, THENCE S.0003739"E ALONG THE EASTERLY LINE OF SAID SOUTHEAST 1/4., A DISTANCE OF 119.35 FEET TO AN INTERSECTION WITH THE EXTENSION OF THE SOUTHERLY RIGHT OF WAY LINE OF VANDERBILT BEACH ROAD, THE SAME BEING AN INTERSECTION WITH THE EXTENSION OF THE NORTHERLY LINE OF TRACT "C ", PELICAN BAY UNIT SIXTEEN, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 18 AT PAGES 35 AND 36 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE N.80 °08'20 "W ALONG SAID SOUTHERLY RIGHT OF WAY LINE., A LASTANCE OF 2818.60 FEET TO AN INTERSECTION WITH THE EXTENSION OF THE EASTERLY LINE OF PARCEL "B" OF SAID PELICAN BAY UNIT NINETEEN; THENCE 5.02 °39'00 "W ALONG SAID EASTERLY LINE., A DISTANCE OF 354.15 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE S.02 °39'00 "W., A DISTANCE OF 502.21 FEET; THENCE S.80°0820 "E., A DISTANCE OF 163.41 FEET, THENCE S.56 °5357 "W., A DISTANCE OF 8.46 FEET TO A POINT ON A NON - TANGENTIAL. CURVE TO THE RIGHT, HAVING: A RADIUS OF 55.00 FEET, A CENTRAL ANGLE OF 16°23'10", A CHORD BEARING OF N.88019'55"W. AND A CHORD LENGTH OF 15.68 FEET; THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 15.73 FEET TO THE POINT OF TANGENCY OF SAID CURVE; THENCE N.80 °08'20"W., A DISTANCE OF 123.67 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT, HAVING: A RADIUS OF 28.00 FEET, A CENTRAL ANGLE OF 82 047'20 ", A CHORD BEARING OF N.38 044'40 "W. AND A CHORD LENGTH OF 37.03 FEET; THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 40.46 FEET TO THE POINT OF TANGENCY OF SAID CURVE; THENCE N.02 °39'00 "E., A DISTANCE OF 189.99 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT, HAVING: A RADIUS OF 7.00 FEET, A CENTRAL ANGLE OF r i 0 as ev .as v+ �v 0 w as 16J1 90 000'00 ", A CHORD BEARING OF N.42 °2 1'00 "W. AND A Cl IORD LENGTH Ol' +.5'l', FEET; THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 11.00 FEir :"T•) THE POINT OF TANGENCY OF SAID CURVE; '1'l IENCE N.87 "2 1'011 "W., A DISTANC: - JF 121.00 FEET, THENCE S.35 °01'57 "W., A DISTANCE OF 25.06 FEET; THENCE S.44 °25'49 "W., A DISTANCE. OF 10.14 FEFT; THENCE SAI "08'42 "W., A DISTANCE OF 41.82 FEET; THENCE S.35 "IT38 "W., A DISTANCE OF 79.88 FEET; THENCE S.60 °3735 "W., A DISTANCE- OF 66.49 FEET; THENCE S.37° 1 8'03 "W., A DISTANCE OF 5.15 FEET; THENCE S.60 °3735 "W., A DISTANCE OF 26.02 FEET; THENCE N.79 °5824 "W., A DISTANCE OF 22.23 FEET; THENCE S.87 °3646 "W., A DISTANCE OF 45.68 FEET, THENCE S.71 035'38 "W., A DISTANCE OF 61.33 FEET; THENCE S. 10 °3759 "W., A DISTANCE OF 44.23 FEET; THENCE N.89 °08'58 "W., A DISTANCE OF 58.77 FEET, N THENCE N.39 010'00 "W., A DISTANCE OF 26.11 FEET; THENCE S.89°08'58 "E., A DISTANCE OF 58.72 FEET; THENCE N.10 °3759 "E., A DISTANCE OF 39.15 FEET; THENCE N.71 035'38 "E., A DISTANCE OF 75.92 FEET; THENCE N.87 °36'46 "E., A DISTANCE OF 50.67 FEET; THENCE S.79 °5824 "L -., A DISTANCE OF 17.24 FEET; THENCE N.6003T35 "E., A DISTANCE OF 14.73 FEET; THENCE N.37 °18'03 "E., A DISTANCE OF 5.15 FEET; THENCE N.6003735 "E., A DISTANCE OF 66.11 FEET; THENCL- N.35 °12'38 "E., A DISTANCE OF 76.41 FEET, THENCE NA 1 °08'42 "E., A DISTANCE OF 43.43 FEET; THENCE N.44°2549 "E., A DISTANCE OF 9.07 FEET; THENCE N.35 °0 1'57"E., A DISTANCE OF 19.02 FEET TO A POINT ON A NON - TANGENTIAL CURVE TO THE I RIGHT, HAVING: A RADIUS OF 45.00 FEET, A CENTRAL ANGLE OF 29 05922 ", A CHORD BEARING OF N.39 058'01 "W. AND A CHORD LENGTH OF 23.29 FEET; THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 23.55 FEET TO THE POINT OF TANGENCY OF SAID CURVE; THENCE N.24 °58'19 "W., A DISTANCE OF 85.92 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT, HAVING: A RADIUS OF 45.00 FEET, A CENTRAL ANGLE OF 70 °43'24 ", A CHORD BEARING OF N.10 °2323 "E. AND A CHORD LENGTH OF 52.09 FEET; THENCE ALONG THE ARC OF SAID CURVE, AN ARC LET. "'TH OF 55.55 FEET TO TFIE POINT OF TANGENCY OF SAID CURVE; 'THENCE N.45 045'05 "E., A DISTANCE OF 21.14 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT, HAVING: A RADIUS OF 45.00 FEET, A CENTRAL ANGLE OF 58 °50'54 ", A CHORD BEARING OF N.75 "10'32 "E. AND A CHORD LENGTH OF 44.21 FEET; THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 46.22 FEET TO THE POINT OF TANGENCY OF SAID CURVE; THENCE S.75 °24'01 "E., A DISTANCE OF 111.44 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT, HAVING: A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 101 °5659 ", A CHORD BEARING OF N.53 °3729 "E. AND A CHORD LENGTH OF 38.84 FEET; THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 44.48 FEET TO T14E POINT OF TANGENCY OF SAID CURVE; THENCE N.02 °39'00 "E., A DISTANCE OF 80.40 FEET; THENCE N. 14"0020 "E., A DISTANCE OF 12.54 FEET; THENCE N.24 012'54 "E., A DISTANCE OF 13.96 FEET TO THE POINT OF BEGINNING, PARCEL CONTAINS 1.06 ACRES, MORE OR LESS. 0 N b 0 0 16J1 BEARfN'GS REFER TO PELICAN BAY, UNIT NINETEEN, ACCORDING TO THE PLAT THEREOF RECORDED IN PLATBOOK 22, AT PAGES 15 AND 16 OF THE P? 11LIC RECORDS OF COLLIER COUNTY, FLORIDA. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESTRICTTONS AND RES1 ' NATIONS 1 ' OF RECORD. r. 3 gnf. .L.S. #4760 nA *-:�9/2 � i y �'• 1 ID 0G9/T7N3: 3QLl E[�NT. PARCEL A AND PARCEL 0 ) W�§BD 07N3 e'oWALj U NOWTANGFMIAL CURVES AND I NES M R VI9 !, iAAXDM' ION CHANGED (SEE ATTACHED SKETCH) . N H� Q1 O + 3 i� Im"i - "4117 BF41.Ir - w V �afr •�•AJ.r.'- (IJL) Rl, �J40• 5r4'' H f pF IVA r l ?J4L7 Np. 5-861 d1� aTt� 6 1 I � v '� PAR( =, "A" PEUCAj. SAY .'� UNIT NINE PGS. PGS. £N -' \ a S 30 too P.B 1 ?. 15 -i6 ' I *a oa-I wr ware'I nruuao N [as lG....a.r Gr I PARCEL "B" 'DEL , I PELICAN BAY I ?� UNIT NINETEEN I t P.B. 12. PGS. r5- to , CURVE IABL£ RE 1 4 LINE TAB(£ aw I I w a «vJ» a.r Iruar _ KQJfr[aXMw1 p Kf(J —� so 30 �Vy N ►..+ .00, 01 O N iF 30 PELICAN 841 \ iao ,r a, °fir UNIT TENS ra prat OpgJ. "ll. /S. PGS. 64-67 0.. ow/ 4OOrr SXNMrtrsu 80 .6CttpOWAWUiM DIESCW'PXV BMW A.9wMv p a3 LAKE. DRAINAGE. MA.ItITENANCE, ACCESS EASEMEIIT PROFESSIONAL LAND SURVEYOR E PARCEL "B ", PELICAN BAi UNIT tllNETEEII • "... —M r. s i SECTION 33. TOWNSHIP 48 S .UTH, RANGE 25 EAST . a COLLIER COON h, FLORIDA wants, rnarroa )3n3 ceut so 30 �Vy N ►..+ .00, 01 O N iF 30 1923402 OR: 2044 PG: 2339 0 cc-111,1, 12:700 cull TO S86 BUD WOO D in the 0111CIAL RICOUS of COLL111 COOITT, IL COPI13 IL 00 • • IMROP1,U 5SI PLOOI 01107195 it 03:25PK DYIM I. BIOCI, CULL 1I! 8105 EASEMENT 16J1 �..� THIS EASEMENT, granted this � day of j'arr- A , 19915 , by CPB PARTNERS, LTD., a Florida limited partnership, as Grantor, to the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY, its successors and assigns, as Grantee. WITNESSETH For good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, Grantor, for itself and its successors and assigns, hereby grants, bargains, sells and conveys to Grantee, its successors and assigns, a non - exclusive perpetual easement over and across the real property situate, lying and being in the County of Collier, State of Florida, more particularly described in Exhibit "A" attached hereto and incorporated herein by referenced (the "Easement Area "). This Easement is granted for the purpose of access, ingress, egress, water management system maintenance, and installation and maintenance of drainage facilities. The Easement granted herein shall run with the land and shall inure to the benefit of Grantee, its successors and assigns, in perpetuity. Grantor warrants that Grantor has good right and authority to grant this Easement and will defend its title against the lawful claims of all persons whomsoever. IN WZTNEas wxxREOY, the Grantor has caused these presents to be executed the date and year first above written. a4e0 . SigrAture ,�iY6�-U9 TinPK�ikS Prin d Nam , i ature < n�,F YYI, �a�►�I Prim ame STATE OF FLORIDA COUNTY OF COLLIER CPS PARTNERS, LTD., A Florida limited partnership By: SCC of Naples, Inc. Its: General tner By: �jGa �ic.ha2� F. L'o�ace. Printed Name Its: ,QrySi The foregoing instrument was acknowledged befo me this 44h.. day of YYI��T/ , 199 , by ��i�. As President of SCC of Naples, Inc., a Florida corporation, as General Partner of CPS, Partners, Ltd. HeAshe is personally known to me. Notary ublic (SEAL) HPAA.MI91 N6EA � m,O.K „vs Notary Public (Printed or Typed) My commission expires: ME ATOAI'M w car.. ol0 a.Im ow�[s 0T. 1,".W u.rr,s,00 oom Mu � M.a..c OR: 2044 PG: 2340 • - -- -- W64 Mattes 8 A4 =Was, kr- E X H I S I T' A' Ee FL ktms bwa I Fkmsa I Swvsyms Page I o f 171 6 J 1 salt Spy HMA PROJECT 193.33 MAY 11, 1994 REF.DWG. IA -722 -2 SHEET 1 OF 2 PROPERTY DESCRIPTION PROPOSED DRAINAGE EASEMENT A PORTION OF PARCEL "B" OF PELICAN BAY UNIT SIXTEEN ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 18 AT PAGES 35 AND 36 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE MOST SOUTHWESTERLY CORNER OF PARCEL "B" OF PELICAN BAY UNIT SIXTEEN ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 18 AT PAGES 35 AND 36 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THE SAME BEING A POINT ON THE NORTHERLY RIGHT —OF —WAY LINE OF PELICAN BAY BOULEVARD, A 120.00 FOOT RIGHT —OF —WAY; THENCE RUN S. 59037139" E., ALONG THE SOUTHERLY BOUNDARY OF SAID PARCEL "B" AND ALONG SAID NORTHERLY RIGHT —OF —WAY LINE, FOR A DISTANCE OF 24.47 FEET TO* THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHEASTERLY; THENCE RUN SOUTHEASTERLY, ALONG THE SOUTHERLY BOUNDARY OF SAID PARCEL "B ", ALONG SAID NORTHERLY RIGHT —OF —WAY LINE, AND ALONG THE ARC OF SAID CUlrV TO THE LEFT, HAVING A'RADIUS OF 1725.94 FEET, THROUGH A CENTRAL ANGLE OF' 17048106 ", SUBTENDED BY A CHORD OF 534.09 FEET AT A BEARING OF S. 68- 31142" E., FOR A DISTANCE OF 536.25 FEET TO THE MOST SOUTHWESTERLY CORNER OF OAKMONT PARKWAY EXTENSION ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 21 AT PAGES 77 AND 78 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THE SAME BEING A POINT ON THE WESTERLY RIGHT —OF —WAY LINE OF OAKMONT PARKWAY AND A POINT OF COMPOUND CURVE; THENCE RUN EASTERLY AND NORTHEASTERLY, ALONG THE WESTERLY BOUNDARY OF SAID OAKMONT PARKWAY EXTENSION, ALONG SAID WESTERLY RIGHT —OF —WAY LINE AND ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 50.00 FEET, THROUGH A CENTRAL ANGLE OF 93.13157 ", SUBTENDED BY A CHORD OF 72.68 FEET AT A BEARING OF N. 55- 57'17" E., FOR A DISTANCE OF 81.36 FEET TO THE END OF SAID CURVE; THENCE RUN N. 09020118" E., ALONG THE WESTERLY BOUNDARY OF SAID OAKMONT PARKWAY EXTENSION AND ALONG SAID WESTERLY RIGHT —OF —WAY LINE, FOR A DISTANCE OF 147.33 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE EASTERLY; THENCE RUN NORTHERLY, ALONG THE WESTERLY BOUNDARY OF SAID OAKMONT PARKWAY EXTENSION, ALONG SAID WESTERLY RIGHT —OF —WAY LINE AND ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 111.00 FEET, THROUGH A CENTRAL ANGLE OF 34.37103 ", SUBTENDED BY A CHORD OF 66.05 FEET AT A BEARING OF N. 26038150" E., FOR A DISTANCE OF 67.07 FEET TO A POINT OF REVERSE CURVE; THENCE RUN NORTHERLY, ALONG THE WESTERLY BOUNDARY OF SAID OAKMONT PARKWAY EXTENSION, ALONG SAID WESTERLY RIGHT —OF —WAY LINE AND ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 127.40 FEET, THROUGH A CENTRAL ANGLE OF 12.41121 ", SUBTENDED BY A CHORD OF 28.16 FEET AT A BEARING OF N. 37- 36140" E., FOR A DISTANCE OF 28.21 FEET TO THE END OF SAID CURVE; THENCE RUN N. 31.16100" E., ALONG THE WESTERLY BOUNDARY OF SAID OAKMONT PARKWAY .EXTENSION AND ALONG SAID WESTERLY RIGHT —OF —WAY LINE, FOR A DISTANCE'OF 133.40 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE WESTERLY; THENCE RUN NORTHERLY, ALONG THE WESTERLY BOUNDARY OF SAID OAM40NT PARKWAY EXTENSION, ALONG SAID WESTERLY RIGHT —OF —WAY LINE AND ALONG . 10580 Abursft Sba-t I 8a"a Spi-4m Fulda 9423 I MIM 992.0795 I FAX M-q 942.7517 OR: 2044 PG: 2341 16J1 f HMA PROJECT , 1994 MAY 11, 1994 • REF.DWG. /A -722 -2 SHEET 2 OF 2 THE ARC OF SAID CURVt TO THE LEFT, HAVING A RADIUS OF 170.00 FEET, THROUGH A CENTRAL ANGLE OF 31- 53139 ", SUBTENDED BY A CHORD OF 93.41 FEET AT A BEARING OF N. 15- 19'11" E., FOR A DISTANCE OF 94.63 FEET TO THE END OF SAID CURVE; THENCE RUN N. 00- 37139" W., ALONG THE WESTERLY BOUNDARY OF SAID OAKMONT PARKWAY EXTENSION AND ALONG SAID WESTERLY RIGHT -OF -WAY LINE, FOR A DISTANCE OF 87.51 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN S. 64004104' W. FOR A DISTANCE OF 119.22 FEET; THENCE RUN S. 66- 48006" W. FOR A DISTANCE OF 145.76 FEET; THENCE RUN S. 21.48006" W. FOR A DISTANCE OF 132.59 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE SOUTMMSTERLY, WHOSE RADIUS POINT BEARS N. 73- 57109" W. A DISTANCE OF 96.00 FEET THEREFROM; THENCE RUN NORTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 96.00 FEET, THROUGH A CENTRAL ANGLE OF 32- 22128 ", SUBTENDED BY A CHORD OF 53.53 FEET AT A BEARING OF N. 00- 08'22" W., FOR A DISTANCE OF 54.24 FEET TO THE END OF SAID CURVE; THENCE RUN N. 21.48106" E. FOR A DISTANCE OF 91.22 FEET; THENCE RUN N. 66. 48106" E. FOR A DISTANCE OF 153.57 FEET; THENCE RUN N. 64. 04104" E. FOR A DISTANCE OF 7.71 FEET; THENCE RUN N. 40.48'57" W. FOR A DISTANCE OF 19.50 FEET; THENCE RUN N. 15051123" W. FOR A DISTANCE OF 104.43 FEET; THENCE RUN N. 44. 22'21" E. FOR A DISTANCE OF 14.35 FEET TO A POINT ON THE SOUTHWESTERLY BOUNDARY OF TRACT "3" OF NORTH BAY PLAZA AT PELICAN BAY ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 21 AT-PAGES 81 AND 82 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THENCE RUN S. 45- 37139" E., ALONG THE SOUTHWESTERLY BOUNDARY OF SAID TRACT "3", FOR A DISTANCE OF 15.00 FEET; THENCE RUN S. 44. 22121" W. FOR A DISTANCE OF 5.65 FEET; THENCE RUN S. 15051'23" E. FOR A DISTANCE OF 92.41 FEET; THENCE RUN S. 40048'57" E. FOR A DISTANCE OF 20.17 FEET; THENCE RUN N. 64- 04'04' E. FOR A DISTANCE OF 104.97 FEET TO A POINT ON THE WESTERLY BOUNDARY OF SAID OAKMONT PARKWAY EXTENSION, THE SAME BEING A POINT ON THE WESTERLY RIGHT -OF -WAY LINE OF OAKMONT PARKWAY; THENCE RUN S. 00- 37139" E., ALONG THE WESTERLY BOUNDARY OF SAID OAKMONT PARKWAY EXTENSION AND ALONG SAID WESTERLY RIGHT -OF -WAY LINE, FOR A DISTANCE OF 22.12 FEET TO THE POINT OF BEGINNING, CONTAINING 0.2179 ACRE, MORE OR LESS. SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS SHOWN HEREON REFER TO THE SOUTHERLY BOUNDARY OF PARCEL "B" ACCORDING TO THE PLAT OF PELICAN BAY UNIT SIXTEEN, PLAT BOOK 18 AT PAGES 35 AND 36, COLLIER COUNTY, FLORIDA, AS BEING S. 59- 37'39" E. HOLE, MONTES & ASSOCIATES, INC. BY /CLOtae�� THOMAS . GARRIS P.L.S. /3741 STATE OF FLORIDA Exhibit 'A', Page 2 of 17 Exhibit A, Page ] of 17 OR: 2044 PG: 2342 16J1 - r Ilk ps UAMBIANC at Pelican r 79 q � � ,1}1 reQ b� i AM OR: 2044 PG: 2343 Magee" s nssod.rae r,c EArres PlemRS s.r. M. m"" era sF.r,a Exhibit 'A', Page 4 of 17 HMA PROJECT 19 1994 MAY 11, 1994 611 REF.DWG. IA -722 -1 SHEET 1 OF 4 PROPERTY DESCRIPTION PROPOSED DRAIMwZ EASEMENT A PORTION OF PARCELS A AND B OF PELICAN BAY UNIT SIXTEEN ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 18 AT PAGES 35 AND 36 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMCE AT THE MOST SOUTHEASTERLY CORNER OF PARCEL "A" OF PELICAN BAY UNIT S13MEEN ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 18 AT PAGES 35 AND 36 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THE SAME BEING A POINT ON THE NORTHERLY RIGHT-OF -WAY LINE OF PELICAN BAY BOULEVARD, A 120 FOOT RIGHT -OF -WAY; THENCE RUN N. 59037139"• W., ALONG THE SOUTHERLY BOUNDARY OF SAID PARCEL "A" AND ALONG SAID NORTHERLY RIGHT -OF -WAY LINE, FOR A DISTANCE OF 433.94 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE CONCAVE TO THE SOUTHWEST; THENCE RUN NORTHWESTERLY, ALONG THE -'SOUTHERLY BOUNDARY OF SAID PA$OEL "A", ALONG SAID NORTHERLY RIGHT —OF —WAY LINE, AND ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 1600.00 FEET, THROUGH A CENTRAL ANGLE OF 05- 21134 ", SUBTENDED BY A CHORD OF 149.61 FEET AT A BEARING OF N. 62- 18126" W., FOR A DISTANCE OF 149.66 FEET TO A POINT OF REVERSE CURVE; THENCE RUN NORTHWESTERLY, ALONG THE SOUTHWESTERLY BOUNDARY OF SAID PARCEL "A" AND ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 50.00 FEET, THROUGH A CENTRAL ANGLE OF 86- 48113", SUBTENDED BY A CHORD OF 68.71 FEET AT A BEARING OF N. 21035107" W., FOR A DISTANCE OF 75.75 FEET TO THE END OF SAID CURVE; THENCE RUN N. 21049'00" E.., ALONG THE WESTERLY BOUNDARY OF PARCELS "A" AND "B" OF SAID PELICAN BAY UNIT 16, FOR A DISTANCE OF 512.25 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE TO THE WEST; THENCE RUN NORTHERLY, ALONG THE WESTERLY BOUNDARY OF SAID PARCEL "B ", AND ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 562.00 FEET, THROUGH A CENTRAL ANGLE OF 00- 44131 ", SUBTENDED BY A CHORD OF 7.28 FEET AT A BEARING OF N. 21- 26144" E., FOR A DISTANCE OF 7.28 FEET TO THE POINT OP BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE NORTHERLY, ALONG THE WESTERLY BOUNDARY OF SAID PARCEL "B" AND ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS.OF 562.00 FEET, THROUGH A CENTRAL ANGLE OF 01- 31151 ", SUBTENDED BY A CHORD OF 15.01 FEET AT A BEARING OF N. 20. 18133" E., FOR A DISTANCE OF 15.01 FEET TO THE END OF SAID CURVE; THENCE RUN S. 72011149" E. FOR A DISTANCE OF 20.49 FEET; THENCE RUN S. 21.49100" W. FOR A DISTANCE OF 140.07 FEET; THENCE RUN S..64- 58'32" E. FOR A DISTANCE OF 246.05 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE SOUTHEASTERLY, WHOSE RADIUS POINT BEARS S. 61043151" E. A DISTANCE OF 69.99 FEET THEREFROM; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 69.99 FEET, THROUGH A CENTRAL ANGLE OF 13019'43", SUBTENDED BY A CHORD OF 16.25 FEET AT A BEARING OF N. 34056001" E., FOR A DISTANCE OF 16.28 FEET TO THE END OF SAID CURVE; THENCE RUN N. 41035252" E. FOR A DISTANCE OF 59.04 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE WESTERLY; THENCE RUN WjM Abwm ft Sr-ee / Bach scarp„ Fiorkle M r ($t8 OY VM / FAX (ero190 .=7 6 J 1 OR: 2044 PG: 2344 HMA PROTECT 093.33 Exhibit "A Paee3 5 of 17 MAY 11, 1994 REF.DWG. OA-722-1 SHEET 2 OF 4 NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 15.00 FEET, THROUGH A CENTRAL ANGLE OF 81 °40'27 ", SUBTENDED BY A CHORD OF 19.62 FEET AT A BEARING OF N. 00.45139" E., FOR A DISTANCE OF 21.38 FEET TO TIM END OF SAID CURVE; THENCE RUN N. 40 004135" W. FOR A DISTANCE OF 96.67 PEET TO A POINT ON A CIRCULAR CURVE, CONCAVE EASTERLY, WHOSE RADIUS POINT BEARS N. 50.03114" E. A DISTANCE OF 72.05 FEET THEREFROM; THENCE RUN NORTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 72.05 FEET, THROUGH A•CE TrRAL ANGLE OF 123.24 :07 ", SUBTENDED BY A CHORD OF 126.87 FEET AT A BEARING OF N. 21.45118" E., FOR A DISTANCE OF 155.17 FEET TO THE END OF SAID CURVE; THENCE RUN N. 83.27121" E. FOR A DISTANCE OF 134.81 FEET; THENCE RUN N. 77.26148" E. FOR A DISTANCE OF 16.01 FEET; THENCE RUN N. 060411400 W. FOR A DISTANCE OF 146.21 FEET; THENCE RUN N.. 83.18'20^ E. FOR A DISTANCE OF 2]3.]1 FEET; THENCE RUN S. I7 °28'07" W. FOR A DISTANCE OF 16.44 FEET; THENCE RUN S. 83018020" W. FOR A DISTANCE OF 211.58 FEET; THENCE RUN S. 06041'40" E. FOR A DISTANCE OF 129.57 FEET; THENCE RUN N. 77.26'48" E. FOR A DISTANCE OF 42.70 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY, THENCE RUN EASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 69.00 FEET, THROUGH A CENTRAL ANGLE OF 100 °06037 ", SUBTENDED BY A CHORD OF 105.80 FEET AT A BEARING OF S.j52 °29'54" E., FOR A DISTANCE OF 120.56 FEET TO THE END OF SAID CURVE; THENCE RUN S. 02.26135" E. FOR A DISTANCE OF 47.68 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHWESTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 76.00 FEET, THROUGH A CENTRAL ANGLE OF 73.45'33 ", SUBTENDED BY A CHORD OF 91.22 FEET AT A BEARING OP S. 34.26111^ W., FOR A DISTANCE 0-7 97.84 FEET TO THE END OF SAID CMM; THENCE RUN S. 71 °18158" W. FOR A DIST;�NCE OF 69.02 FEET; THENCE RUN S. 18041102" E. FOR A DISTANCE OF 10.00 FEET; THENCE RUN S. 71018158" W. FOR A DISTANCE OF 49.80 FEET; THENCE RUN S. 26.18158" W. FOR A DISTANCE OF 74.24 FEET; THENCE RUN S. 18041102" E. FOR A DISTANCE OF 58.08 FEET; THENCE RU:I S. 71018158" W. FOR A DISTANCE OF 10.00 FEET; THENCE RUN S. 18 °41102" E. FOR A DISTANCE OF 70.58 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHEASTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO 72M LEFT• HAVING A RADIUS OF 40.00 FEET, THROUGH A CENTRAL ANGLE OF 43.36'19 ", SUBTENDED BY A CHORD OF 29.71 FEET AT A BEARING OF S. 40.29112" E., FOR A DISTANCE OF 30.44 FEET TO THE END OF SAID CURVE; THENCE RUN S. 62.17121" E. FOR A DISTANCE OF 72.43 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY; THENCE RUN SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 58.00 FEET, THROUGH A CENTRAL ANGLE OF 63 °28'27 ", SUBTENDED BY A CHORD OF 61.02 FEET AT A BEARING OF S. 30.33'08" E., FOR A DISTANCE OF 64.25 FEET TO THE END OF SAID CURVE; THENCE RUN S. 01 °11'06" W. FOR A DISTANCE OF 71.40 FEET; THENCE RUN S. 43048'54" E. FOR A DISTANCE OF 155.93 FEET; THENCE RUN S. 88.48'54" E. FOR A DISTANCE OF 74.24 FEET; THENCE RUN N. 46.11106" E. FOR A DISTANCE OF 75.22 FEET TO A POINT ON A-CIRCULAR CURVE, CONCAVE SOUTHWESTERLY, WHOSE RADIUS POINT BEARS S. 05.57124" W. A DISTANCE OF 96.00 FEET THEREFROM; THENCE RUN EASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 96.00 FEET, THROUGH A CENTRAL ANGLE OF 100.05127 ", SUBTENDED BY A CHORD OF 147.18 FEET AT A BEARING OF S. 33.59'52" E., FOR A DISTANCE OF 167.70 FEET TO THE m OR: 2044 PG: 2346 16J1 HMA PROJECT $91.33 Exhibit 'A', Page 6 of 17 MAY 11, 1994 REF.DWG. IA -722 -1 SHEET 3 OF 4 END OF. SAID CURVE; THENCE RUN S. 21 °48006" W. FOR A DISTANCE OF 20.21 FEET. TBBNCE RUN S. 23.11'54" E. FOR A DISTANCE OF 28.01 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHWESTERLY; THENCE RUN SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 70.00 FEET, TROUGH A CENTRAL ANGLE OF 134.20105 ", SUBTENDED BY A CHORD OF 129.03 FEET AT A BEARING OF S. 43058109" W., FOR A DISTANCE OF 164.12 FEET TO THE END OF SAID CURVE; TBENCE RUN N. 68.51'56" W. FOR A DISTANCE OF 93.53 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHEASTERLY; THENCE RUN WESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 214.00 FELL', TBROUGH A CENTRAL ANGLE OF 20.561010, SUBTENDED BY A CHORD OF 77.75 FEET AT A BEARING OF N. 58.23'56" W., FOR A DISTANCE OF 78.19 FEET TO THE END OTNCE RUN ; 58THENC35". 24051'480 E. ' FOR A DISTANCE. 46.78 FEET; A DISTANCEOF115.5 FEET N. 31030925" E. FOR A DISTANCE OF 21.84 FEET; THENCE RUN N. 58,29'35" W. FOR A DISTANCE OF 111.66 FEET; THENCE RUN S. 31 030125" W. FOR A DISTANCE OF 44.00 FEET; THENCE RUN N. 58029''350 W. FOR A DISTANCE OF 10.49 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHEASTERLY; THENCE RUN 66.00W8EET,LY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 66.00 FEET THROUGH A CENTRAL ANGLE OF 53 °19156 °, SUBTENDED BY A CHORD OF 59A4 FEET AT A BEARING OF N. 31.49'37" °T., FOR A DISTANCE OF 61.43 FEET TO TEE END OF SAID CURVE; THENCE RUN N. 05.09'39" W. FOR A DISTANCE OF 107.34 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY; THENCE RUN NorMMR .Y, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADMS OF 15.00 FEET, THROUGH A CENTRAL ANGLE OF 81 040128 ", SUBTENDED BY A CHORD OF 19.62 FEET AT A BEARING OF N. 45.59153" W., FOR A DISTANCE OF 21.38 FEET TO THE END OF SAID CURVE; THENCE RUN N. 86 050'07" W. FOR A DISTANCE OF 35.11 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE M +Y; TEMN(M RUN WESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, BAVINQ A RADIUS OF 70.00 FEET, THROUGH A CENTRAL ANGLE OF 62.091530, SUBTENDED BY A CHORD OF 72.28 FEET AT A BEARING OF' N. 55 °45111" W., FOR A DISTANT OF 75.95 FEET TO THE END OF SAID CURVE; THENCE RUN N. 24 040'14" W. FOR A DISTANCE OF 26.85 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE. EASTERLY; THENCE RUN NORTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 77.00 FEET, THROUGH A CENTRAL ANGLE OF 52048916°, SUBTENDED BY A CHORD OF 68.48 FEET AT A BEARING OF N. 01.43153° E., FOR A DISTANCE OF 70.96 FEET TO A POINT OF REV'RSE CURVE; T88NCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 7.00 FEET, THROUGH A CENTRAL ANGLE OF 39.41'15 ", SUBTENDED BY A CHORD OF 4.75 FEET AT A BEARING OF N. 08.17024" E., FOR A DISTANCE OF 4.855 FEET TO THE END OF SAID CURVE; THENCE RUN N. 11'33'14" W. FOR A DISTANCE OF 48.30 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE EASTERLY, WHOSE RADIUS POINT BEARS N. 78026'37" E. A DISTANCE OF 69.99 FEET THEREFROM; THENCE RUN NORTHERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 69.99 FEET, THROUGH A CENTRAL ANGLE OF 27 030'26", SUBTENDED BY A CHORD OF 33.28 FEET AT A BEARING OF N. 02.11'50" E., FOR A DISTANCE OF 33.60 FEET TO THE END OF SAID CURVE; THENCE RUN N. 64'58132" W. FOR A DISTANCE OF 261.00 FEET; THENCE RUN N. 21.49100" E. FOR A DISTANCE OF 138.16 FEET; THENCE RUN N. 72.11'49" W. FOR A DISTANCE OF 5.06 FEET TO THE POINT OF BEGINNING, OR: 2044 PG: 2347 Sxhibit "A", Page 9 of 17 t-4 411 1�: Ila at - Iff AR, H A rep VAMBIANCE AVU —1 MM= a oeutil 1 M� at Pelican Bay Hai% Montos & Associates, tu. A -1 --rs I Asmsa I Srveyars E x h i� it A � P�e 9rp t••i7 li 1,. ol PROPERTY DESCRIPTION PROPOSED ACCESS EASEMENT OR: 2044 PG: 2348 Naga R. wws am" smvs HMA PROJECT 193.33 7/22/94 REF.DWG. B- 1575 -1 SHEET 1 OF 8 A PORTT.ON OF PARCELS "A" AND "B" OF PELICAN BAY UNIT SIXTEEN ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOR 18 %T PAGES 35 AND 36 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE MOST SOUTHEASTERLY CORNER OF PARCEL "A" OF PELICAN BAY UNIT SIXTEEN ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 18 AT PAGES 35 AND 36 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THE SAME BEING A POINT ON THE NORTHERLY RIGHT -OF -WAY LINE OF PELICAN BAY BOULEVARD, A 120 FOOT RIGHT -OF -WAY; THENCE RUN N. 59.37139" W., ALONG THE SOUTHERLY BOUNDARY OF SAID PARCEL "A" AND ALONG SAID NORTHERLY RIGHT -OF -WAY LINE, FOR A DISTANCE OF 2.97 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE WESTERLY, WHOSE RADIUS POINT BEARS N. 43010'06" W. A DISTANCE OF 30.00 FEET THEREFROM AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 30.00 FEET, THROUGH A CENTRAL ANGLE OF 83.06148 ", SUBTENDED BY A CHORD OF 39.80 FEET AT A BEARING OF N. 05.16'30" E., FOR A DISTANCE OF 43.52 FEET TO A POINT OF COMPOUND CURVE; THENCE RUN NORTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF 51.36120", SUBTENDED BY A CHORD OF 21.76 FEET AT A BEARING OF N. 62'05'04" W., FOR A DISTANCE OF 22.52 FEET TO A POINT OF REVERSE CURVE; THENCE RUN WESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 110.00 FEET, THROUGH A CENTRAL ANGLE OF 28.15'35 ", SUBTENDED BY A CHORD OF 53.71 FEET AT A BEARING OF N. 73.45127" W., FOR A DISTANCE OF 54.25 FX= TO THE END OF SAID CURVE; THENCE RUN N. 59.37'39" W. FOR A DISTANCE OF 424.88 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE EASTERLY; THENCE RUN NORTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 110.00 FEET, THROUGH A CENTRAL. ANGLE OF 81 °26139 ", SUBTENDED BY A CHORD OF 143.53 FEET AT A BEARING OF N. 18 °54'20" W., FOR A DISTANCE OF 156.36 FEET TO THE END OF SAID CURVE; THENCE RUN N. 21 °49100" E. FOR A DISTANCE OF 241.36 FEET TO THE. BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE WESTERLY; THENCE RUN NORTHERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF 83006128 ", SUBTENDED BY A CHORD OF 33.17 FEET AT A BEARING OF N. 19- 44114" W., FOR A DISTANCE OF 36.26 FEET TO A POINT ON THE WESTERLY BOUNDARY OF SAID PARCEL "A "; THENCE RUN N. 21049100" E., ALONG THE WESTERLY BOUNDARY OF SAID PARCEL "A ", FOR A DISTANCE OF 26.69 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE NORTHWESTERLY, WHOSE RADIUS POINT BEARS N. 14955'28" E. A DISTANCE OF 25.00 FEET THEREFROM; THENCE RUN EASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF 83006'28 ", SUBTENDED BY A CHORD OF 33.17 FEET AT A BEARING OF N. 63022'14" E., FOR A DISTANCE OF 36.26 FEET TO THE END OF SAID CURVE; THENCE RUN N. 21 049100" E. FOR A DISTANCE OF 236.61 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHEASTERLY; THENCE RUN . 10360 AD vo" Sasw I earls ftWQs. FWift sled I aM 992 -MW I FAX MtA 992.222! 16Jl'q 'OR: 2044 PG: 2349 Exhibit 'A', page 10 of 17 H24A PROJECT 193.33 7/22/94 REF.DWG. B- 1575 -1 SHEET 2 OF 8 NORTHERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 110.00 FEET, THROUGH A CENTRAL ANGLE OF 61. 29020 ", SUBTENDED BY A CHORD OF 112.47 FEET AT A BEARING OF N. 52.33040" E., FOR A DISTANCE OF 118.05 FEET TO THE END OF SAID CURVE; THENCE RUN N. 83.18120" E. FOR A DISTANCE OF 374.52 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHERLY; THENCE RUN EASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 70.00 FEET, THROUGH A CENTRAL ANGLE OF 44.07'29 ", SUBTENDED BY A CHORD OF 52.59 FEET AT A BEARING OF S. 74 037155" E., FOR A DISTANCE OF 53.91 FEET TO THE END OF SAID CURVE; THENCE RUN S. 52.34111" E. FOR A DISTANCE OF 63.53 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY; THENCE RUN SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 110.00 FEET, THROUGH A CENTRAL ANGLE OF 53.28936 ", SUBTENDED BY A CHORD OF 98.98 FEET AT A BEARING OF S. 25'4 ^153" E., FOR A DISTANCE OF 102.67 FEET TO THE END OF SAID CURVE; THENCE RUN 5. 00.54'25" W. FOR A DISTANCE OF 145.81 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHEASTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 90.00 FEET, THROUGH A CENTRAL ANGLE OF 59'37'41 ", SUBTENDED BY A CHORD OF 89.49 FEET AT A BEARING OF S. 28.54126" E., FOR A DISTANCE OF 93.66 FEET TO THE END OF SAID CURVE; THENCE RUN S. 58.43116" E. FOR A DISTANCE OF 25.43 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY; THENCE RUN SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 95.00 FEET, THROUGH A CENTRAL ANGLE OF 40 044158 ", SUBTENDED BY A CHORD OF 66.15 FEET AT A BEARING OF S. 38020'47" E.; FOR A DISTANCE Ot 67.57 FEET TO THE END OF SAID CURVE; THENCE RUN S. 17 058118" E. FOR A DISTANCE OF 84.52 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHEASTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 190.00 FEET, THROUGH A CENTRAL ANGLE OF 45'11'58 ", SUBTENDED BY A CHORD OF 146.03 FEET AT A BEARING OF S. 40'34117" E., FOR A DISTANCE OF 149.89 FEET TO A POINT OF REVERSE CURVE; THENCE RUN SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 135.00 FEET, THROUGH A CENTRAL ANGLE OF 33059'15 ", SUBTENDED BY A CHORD OF 78.91 FEET AT A BEARING OF S. 46'10'39" E., FOR A DISTANCE OF 80.08 FEET TO THE END OF SAID CURVE; THENCE RUN S. 29011'02" E. FOR A DISTANCE OF 131.75 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE WESTERLY; THENCE RUN SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 120.00 FEET, THROUGH A CENTRAL ANGLE OF 60027102 ", SUBTENDED BY A CHORD OF 120.82 FEET AT A BEARING OF S. 01002129" W., FOR A DISTANCE OF 126.61 FEET TO THE END OF SAID CURVE; THENCE RUN S. 31016100" W. FOR A DISTANCE OF 73.22 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHWESTERLY; THENCE RUN Y, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 110.40 FEET, THROUGH A CENTRAL ANGLE OF 12041121 ", SUBTENDED BY A CHORD OF 24.40 FEET AT A BEARING OF S. 37036141" W., FOR A DISTANCE OF 24.45 FEET TO A POINT OF REVERSE CURVE; THENCE RUN SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 128.00 FEET, THROUGH A CENTRAL ANGLE OF 34037103 ", SUBTENDED BY A CHORD OF 76.17 FEET AT A BEARING OF S. 26'38150" W., FOR A DISTANCE OF 77.34 FEET TO THE END OF SAID CURVE; THENCE RUN S. 09020'18" W. FOR A DISTANCE OF 102.70 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHWESTERLY; THENCE RUN SOUTHERLY, OR: 2044 PG: 2350 Exhibit 'A ", Page 11 of 17 'a ! HMA PROJECT 7/22/94 REF.DWG. 611, SHEET 3 OF 8 •,,. ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 70.00 FEET, �fij ••TUtOQGH A CENTRAL ANGLE OF 94.36'59 -, SUBTENDED BY A CHORD OF 102.90 FEET AT '•A BEARING OF S. 56.38047- W., FOR A DISTANCE OF 115.60 FEET TO A POINT OF CMMUND CURVE; THENCE RUN WESTERLY, ALONG THE ARC OF SAID CURVE TO THE AIM, HAVING A RADIUS OF 1703.94 FEET, THROUGH A CENTRAL ANGLE OF 11.52'21 ", SUBTENDED By A CHORD OF 352.45 FEET AT A BEARING OF N. 70.06'33" W., FOR A DISTANCE OF 353.08 FEET TO A POINT OF COMPOUND CURVE; THENCE RUN NOgl'HWESTERLy, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 110.00 FEET, THROUGH A CENTRAL ANGLE OF 29.231090, SUBTENDED BY A CHORD OF 55.80 FEET AT A BEARING OF N. 49028048" W., FOR A DISTANCE OF 56.42 FEET TO A POINT OF REVERSE CURVET THENCE RUN NORTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 25.00 PEST, THROUGH A CENTRAL ANGLE OF -,. 500361570, SUBTENDED BY A CHORD OF 21.37 FEET AT A BEARING OF Xj..-60005142" W., FOR A DISTANCE OF 22.09 FEET TO A POINT OF COMPOUND CURVET THENCE RUN WESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT. HAVING A RADIUS OF -30. :30.00 FEET, THROUGH A CENTRAL ANGLE OF 82.36'00 -, SUBTENDED BY A CHORD O �.9:60 FEET AT A BEARING OF S. 53.17150- W., FOR A DISTANCE OF 43.25 FEET TO A POINT ON THE SOUTHERLY BOUNDARY OF PARCEL "B" OF SAID PELICAN BAY UNIT ;;; Ste, THE SAME BEING A POINT ON THE NORTHERLY RIGHT -OF -WAY LINE OF PELICAN v1 B1Cy BOVI.EVARD AND A POIINT ON A CIRCULAR CURVE, CONCAVE NORTHEASTERLY, WHOSE RAD1'US POINT BEARS N. 28.56' 04" E. A DISTANCE OF 1725.94 FEET THEREFROM; '-'Pj=CS RUN NORTHWESTERLY, ALONG THE SOUTHERLY BOUNDARY OF SAID PARCEL "B ", ±:'.....ALONG SAID NORTHERLY RIGHT-OF-WAY LINE AND ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 1725.94 FEET, THROUGH A CENTRAL ANGLE OF 01.26117 ", -SUBTENDED BY A CHORD OF 43.32 FEET AT A BEARING OF N. 60020147" W., FOR A :- DISTANCE OF 43.32 FEET TO THE END OF SAID CURVE; THENCE RUN N. 59037139" W., ALONG THE SOUTHERLY BOUNDARY OF SAID PARCEL "B" AND ALONG SAID NORTHERLY RIGHT-OF-WAy LINE, FOR A DISTANCE OF 27.44 FEET TO THE POINT OP BE(32NNIN4. ws AND EXCEPT A PORTION OF PARCELS "A* AND -B* OF PELICAN BAY UNIT SIXTEEN ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOR 1S AT PAGES 35 AND 36 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: �r COW WCE AT THE MOST SOUTHEASTERLY CORNER OF PARCEL "A" OF PELICAN BAY UNIT . .,= SZXTBEN ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOR 18 AT PAGES 3 .J.! AND 36 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THE SAME BEING A R! pOINT ON THE NORTIMLy RIGHT- OF -WAy LINE OF PELICAN BAY BOULEVARD, A 120 FOOT RIGHT -OF -WAY; THENCE RUN N. 590371390 W., ALONG THE SOUTHERLY BOUNDARY OF SAID PARCEL "A" AND ALONG SAID NORTHERLY RIGHT -OF -WAY LINE, FOR A DISTANCE OF 9.68 FEET; THENCE RUN N. 30022121" E. FOR A DISTANCE OF 42.00 FEET TO THE pOIlN'1' Or BBGSRN= OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN N. 59.37139" W. FOR A DISTANCE OF 156.86 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE EASTERLY; THENCE RUN NORTHWESTERLY, ALONG 'pH$ ARC OP„SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 30.00 FEET, THROUGH A CENTRAL ANGLE OF 90011130 ", SUBTENDED By A CHORD OF 42.50 FEET AT A BEARING OF N. 14.31'54* W., FOR A.DISTANCE OF 47.22 FEET TO THE END OF SAID CURVE; Exhibit "A ", Page 12 of 17 OR: 2044 PG: 2351 16,11 HMA PROJECT 193.33 7,22,94 REF.DWG. B- 1575 -1 SHEET 4 OF 8 THENCE RUN N. 30033151" E. FOR A DISTANCE OF 63.82 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHEASTERLY; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, RAVING A RADIUS OF 30.00 FEET, THROUGH A C=lTRAL ANGLE OF 42.52'35 ", SUBTENDED BY A CHORD OF 21.93 FEET AT A BEARING OF N. 52000'09" E., FOR A DISTANCE OF 22.45 FEET TO A POINT OF REVERSE CURVE; THENCE RUN EASTERLY, NORTHERLY, WESTERLY AND SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 45.00 FEET, THROUGH J, CENTRAL ANGLE OF 293 - 22127 ", SUBTENDED BY A CHORD OF 49.43 FEET AT A BEARING OF N. 73014147- W., FOR A DISTANCE OF 230.42 FEET TO A POINT OF REVERSE CURVE; THENCE RUN SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, SAVING A RADIUS OF 30.00 FEET, THROUGH A CENTRAL ANGLE OF 70.29152 ", SUBTENDED BY A CHORD OF 34.63 FEET AT A BEARING OF S. 04.41'05" E., FOR A DISTANCE OF 36.91 FEET TO THE END OF SAID CURVE; THENCE RUN'S. 30.33'51" W. FOR A DISTANCE OF 44.43 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHERLY; THENCE RUN SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 30.00 FEET, THROUGH A CENTRAL ANGLE OF 89048230 ", SUBTENDED BY A CHORD OF 42.36 FEET AT A BEARING OF S. 75- 28006" W., FOR A DISTANCE OF 47.02 FEET TO THE END OF SAID CURVE; THENCE RUN N. 59037'39" W. FOR A DISTANCE OF 188.02 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE EASTERLY; THENCE RUN NORTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 90.00 FEET, THROUGH A CENTRAL ANGLE OF 81- 26'39 ", SUBTENDED BY A CHORD OF 117.43 FEET AT A BEARING OF N. 18054120" W., FOR A DISTANCE OF 127.93 FEET TO THE END OF SAID CURVE; THENCE RUN N. 21049100" E. FOR A DISTANCE OF 240.50 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHEASTERLY; THENCE RUN NORTHERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 30.00 FEET, THROUGH A CENTRAL ANGLE OF 88. 35'58 ", SUBTENDED BY A CHORD OF 41.90 FEET AT A BEARING OF N. 66'06'59- E., FOR A DISTANCE OF 46.39 FEET TO THE END OF SAID CURVE; THENCE RUN S. 69- 35102" E. FOR A DISTANCE OF 43.69 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY; THENCE RUN EASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 30.00 FEET, THROUGH A CENTRAL ANGLE OF 57- 46'09 ", SUBTENDED BY A CHORD OF 28.98 FEET AT A BEARING OF S. 40- 41157" E., FOR A DISTANCE OF 30.25 FEET TO A POINT OF REVERSE CURVE; THENCE RUN SOUTHEASTERLY, NORTHERLY AND WESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 45.00 FEET, THROUGH A CENTRAL ANGLE OF 295- 32017 ", SUBTENDED BY A CHORD OF 48.00 FEET AT A BEARING OF N. 20- 24058" E., FOR A DISTANCE OF 232.12 FEET TO A POINT OF REVERSE CURVE; THENCE RUN SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 30.00 FEET, THROUGH A CENTRAL ANGLE OF 57- 46109 ", SUBTENDED BY A CHORD OF 28.98 FEET AT A BEARING OF S. 81031154" W., FOR A DISTANCE OF 30.25 FEET TO THE END OF SAID CURVE; THENCE RUN N. 69- 35102" W. FOR A DISTANCE OF 41.73 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHEASTERLY; THE RIGHT, HAVING A 91024102 ", SUBTENDED N. 23- 53901" W., FOR THENCE RUN N. 21.49'00 A TANGENTIAL CIRCULAR ALONG THE ARC OF SAID THENCE RUN WESTERLY, ALONG THE ARC OF SAID CURVE TO RADIUS OF 30.00 FEET, THROUGH A CENTRAL ANGLE OF BY A CHORD OF 42.54 FEET AT A BEARING OF A DISTANCE OF 47.86 FEET TO THE END OF SAID CURVE; " E. FOR A DISTANCE OF 233.79 FEET TO THE BEGINNING OF CURVE, CONCAVE SOUTHEASTERLY; THENCE RUN NORTHERLY, CURVE TO THE RIGHT, HAVING A RADIUS OF 90.00 FEET, 16J1 OR: 2044 PG: 2352 HMA PROJECT (93.33 7/22/94 Exhibit 'A ", Page 13 of 17 REF.DWG. B- 1575 -1 SHEET 5 OF 8 THROUGH A CENTRAL ANGLE OF 61'29120 ",SUBTENDED BY A CHORD OF 92.02 FEET AT A BEARING OF N. 52033'40" E., FOR A DISTANCE OF 96.59 FEET TO THE END OF SAID CURVE; THENCE RUN N. 83.18120" E. FOR A DISTANCE OF 374.52 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHERLY; THENCE RUN EASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 50.00 FEET, THROUGH A CENTRAL ANGLE OF 44.07'29 ", SUBTENDED BY A CHORD OF 37.56 FEET AT A BEARING OF S. 74'37955" E., FOR A DISTANCE OF 38.51 FEET TO THE END OF SAID CURVE; THENCE RUN S. 52034111" E. FOR A DISTANCE OF 63.53 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY; THENCE. RUN SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 90.00 FEET, THROUGH A CENTRAL ANGLE OF 53'28'36 ", SUBTENDED BY A CHORD OF 80.98 FEET AT A BEARING OF S. 25'49'53" E., FOR A DISTANCE OF 84.00 FEET TO THE END OF SAID CURVE; THENCE RUN S. 00 054125" W. FOR A DISTANCE OF 145.81 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE EASTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 110.00 FEET, THROUGH A CENTRAL ANGLE OF 08.18119", SUBTENDED BY A CHORD OF 15.93 FEET AT A BEARING OF S. 03'14'45" E., FOR A DISTANCE OF 15.95 FEET TO A POINT OF REVERSE CURVE; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 30.00 FEET, THROUGH A CENTRAL ANGLE OF 73023'54", SUBTENDED BY A CHORD OF 35.86 FEET AT A BEARING OF S. 29.18'03" W., FOR A DISTANCE OF 38.43 FEET TO THE END OF SAID CURVE; THENCE RUN S. 66.00'00" W. FOR A DISTANCE OF 14.50 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOLTTHEAS=,LY; THENCE RUN SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 170.00 FEET, THROUGH A CENTRAL ANGLE OF 34'16'10 ", SUBTENDEL BY A CHORD OF 100.17 FEET AT A BEARING OF S. 48.51'55" W., FOR A DISTANCE OF 101.68 FEET TO A POINT OF REVERSE CURVE; THENCE RUN SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 30.00 FEET, THROUGH A CENTRAL ANGLE OF 67'23105 ", SUBTENDED BY A CHORD OF 33.28 FEET AT A BEARING OF S. 65'25' 22" W., FOR A DISTANCE OF 35.28 FEET TO A POINT OF REVERSE CURVE; THENCE RUN WESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 70.00 FEET, THROUGH A CENTRAL ANGLE OF 27'47'57 ", SUBTENDED BY A CHORD OF 33.63 FEET AT A BEARING OF S. 85.12'56" W., FOR A DISTANCE OF 33.96 FEET TO THE END OF SAID CURVE; THENCE RUN S. 71 018158" W. FOR A DISTANCE OF 31.54 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHEASTERLY; THENCE RUN WESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 30.00 FEET, THROUGH A CENTRAL ANGLE OF 90'00100 ", SUBTENDED BY A CHORD OF 42.43 FEET AT A BEARING OF S. 26'18'58" W., FOR A DISTANCE OF 47.12 FEET TO THE END OF SAID CURVE; THENCE RUN S. 18.41102" E. FOR A DISTANCE OF 18.05 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHEASTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 30.00 FEET, THROUGH A CENTRAL ANGLE OF 90000'00 ", SUBTENDED BY A CHORD OF 42.43 FEET AT A BEARING OF S. 63 041102" E., FOR A DISTANCE OF 47.12 FEET TO THE END OF SAID CURVE; THENCE RUN N. 71'18158" E. FOR A DISTANCE OF 6.87 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHERLY; THENCE RUN EASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 110.00 FEET, THROUGH A CENTRAL ANGLE OF 49'51'25 ", SUBTENDED BY A CHORD OF 92.73 FEET AT A BEARING OF N. 46923115" E., FOR A DISTANCE OF 95.72 FEET TO A POINT OF REVERSE CURVE; THENCE RUN NORTHERLY, ALONG THE ARC OF SAID CURVE TO THE OR: 2044 PG; 2353 RIGHT, HAVING A RADIUS OF 150.00 FEET, THROUGH A CENTRAL ANGLE OF 44 °32'28 -, SUBTENDED BY A CHORD OF 113.69 FEET AT A BEARING OF N. 43 043046- E., FOR A DISTANCE OF 116.61 FEET TO THE END OF SAID CURVE; THENCE RUN N. 66.00100" E. FOR A DISTANCE OF 14.50 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHERLY; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 30.00 FEET, THROUGH A CENTRAL ANGLE OF 73.23154 -, SUBTENDED BY A CHORD OF 35.86 FEET AT A BEARING OF S. 77.18103- E., FOR A DISTANCE OF 38.43 FEET TO A POINT OF REVERSE CURVE; THENCE RUN SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 110.00 FEET, THROUGH A CENTRAL ANGLE OF 18'07111 -, SUBTENDED BY A CHORD OF 34.64 FEET AT A BEARING OF S. 49. 39'41 ".E., FOR A DISTANCE OF 34.79 FEET TO THE END OF SAID CURVE; THENCE RUN S. 58'43116" E. FOR A DISTANCE OF 25.43 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR - CURVE, CONCAVE SOUTHWESTERLY; THENCE RUN SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 75.00 FEET, THROUGH A CENTRAL ANGLE OF 40044158 ", SUBTENDED BY A CHORD OF 52.22 FEET AT A BEARING OF S. 38020'47- E., FOR A DISTANCE OF 53.34 FEET TO THE END OF SAID CURVE; THENCE RUN S. 17'58'180 E. FOR A DISTANCE OF 84.52 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHEASTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 210.00 FEET, THROUGH A CENTRAL ANGLE OF 15.32'06 -, SUBTENDED BY A CHORD OF 56.76 FEET AT A BEARING OF S. 25.44121- E., FOR A DISTANCE OF 56.94 FEET TO A POINT OF REVERSE CURVE; THENCE RUN SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 30.00 FEET, THROUGH A CENTRAL ANGLE OF 80.24121 ", SUBTENDED BY A CHORD OF 38.73 FEET AT A BEARING OF S. 06 °41'47- W., FOR A DISTANCE OF 42.10 FEET TO THE END OF SAID CURVE; THENCE RUN S. 46053158- W. FOR A DISTANCE OF 25.27 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NOSY; THENCE RUN SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 190.00 FEET, THROUGH A CENTRAL ANGLE OF 13'01'54 -, SUBTENDED BY A CHORD OF 43.12 FEET AT A BEARING OF S. 53'24155- W., FOR A DISTANCE OF 43.21 FEET TO THE END OF SAID CURVE; THENCE RUN S. 59055152" W. FOR A DISTANCE OF 16.09 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHERLY; THENCE RUN SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 30.00 FEET, THROUGH A CENTRAL ANGLE OF 69.54105 -, SUBTENDED BY A CHORD OF 34.37 FEET AT A BEARING OF N. 85.07106- W., FOR A DISTANCE OF 36.60 FEET TO A POINT OF REVERSE CURVE; THENCE RUN NORTHfiESTERLY, ALONG THE.ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 35.00 FEET, THROUGH A CENTRAL ANGLE OF 50'37'03 ", SUBTENDED BY A CHORD OF 29.92 FEET AT A BEARING OF N. 75'28'35- W., FOR A DISTANCE OF 30.92 FEET TO THE END OF SAID CURVE; THENCE RUN S. 79012153" W. FOR A DISTANCE OF 22.93 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHEASTERLY; THENCE RUN WESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 85.00 FEET, THROUGH A CENTRAL ANGLE OF 33001047 -, SUBTENDED BY A CHORD OF 48.33 FEET AT A BEARING OF S. 62'41' 59- W., FOR A DISTANCE OF 49.00 FEET TO THE END OF SAID CURVE; THENCE RUN S. 46011106" W. FOR A DISTANCE OF 27.06 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE EASTERLY; THENCE RUN SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 30.00 FEET, THROUGH A CENTRAL ANGLE OF 90000100 ". SUBTENDED BY A CHORD OF 42.43 FEET AT A BEARING OF Exhibit 'A', Page 14 of 17 -y HNA PROJECT 193.33 16 J 1 - 1575 -4 REF.DWG. B- 1575 -1 SHEET 6 OF 8 RIGHT, HAVING A RADIUS OF 150.00 FEET, THROUGH A CENTRAL ANGLE OF 44 °32'28 -, SUBTENDED BY A CHORD OF 113.69 FEET AT A BEARING OF N. 43 043046- E., FOR A DISTANCE OF 116.61 FEET TO THE END OF SAID CURVE; THENCE RUN N. 66.00100" E. FOR A DISTANCE OF 14.50 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHERLY; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 30.00 FEET, THROUGH A CENTRAL ANGLE OF 73.23154 -, SUBTENDED BY A CHORD OF 35.86 FEET AT A BEARING OF S. 77.18103- E., FOR A DISTANCE OF 38.43 FEET TO A POINT OF REVERSE CURVE; THENCE RUN SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 110.00 FEET, THROUGH A CENTRAL ANGLE OF 18'07111 -, SUBTENDED BY A CHORD OF 34.64 FEET AT A BEARING OF S. 49. 39'41 ".E., FOR A DISTANCE OF 34.79 FEET TO THE END OF SAID CURVE; THENCE RUN S. 58'43116" E. FOR A DISTANCE OF 25.43 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR - CURVE, CONCAVE SOUTHWESTERLY; THENCE RUN SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 75.00 FEET, THROUGH A CENTRAL ANGLE OF 40044158 ", SUBTENDED BY A CHORD OF 52.22 FEET AT A BEARING OF S. 38020'47- E., FOR A DISTANCE OF 53.34 FEET TO THE END OF SAID CURVE; THENCE RUN S. 17'58'180 E. FOR A DISTANCE OF 84.52 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHEASTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 210.00 FEET, THROUGH A CENTRAL ANGLE OF 15.32'06 -, SUBTENDED BY A CHORD OF 56.76 FEET AT A BEARING OF S. 25.44121- E., FOR A DISTANCE OF 56.94 FEET TO A POINT OF REVERSE CURVE; THENCE RUN SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 30.00 FEET, THROUGH A CENTRAL ANGLE OF 80.24121 ", SUBTENDED BY A CHORD OF 38.73 FEET AT A BEARING OF S. 06 °41'47- W., FOR A DISTANCE OF 42.10 FEET TO THE END OF SAID CURVE; THENCE RUN S. 46053158- W. FOR A DISTANCE OF 25.27 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NOSY; THENCE RUN SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 190.00 FEET, THROUGH A CENTRAL ANGLE OF 13'01'54 -, SUBTENDED BY A CHORD OF 43.12 FEET AT A BEARING OF S. 53'24155- W., FOR A DISTANCE OF 43.21 FEET TO THE END OF SAID CURVE; THENCE RUN S. 59055152" W. FOR A DISTANCE OF 16.09 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHERLY; THENCE RUN SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 30.00 FEET, THROUGH A CENTRAL ANGLE OF 69.54105 -, SUBTENDED BY A CHORD OF 34.37 FEET AT A BEARING OF N. 85.07106- W., FOR A DISTANCE OF 36.60 FEET TO A POINT OF REVERSE CURVE; THENCE RUN NORTHfiESTERLY, ALONG THE.ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 35.00 FEET, THROUGH A CENTRAL ANGLE OF 50'37'03 ", SUBTENDED BY A CHORD OF 29.92 FEET AT A BEARING OF N. 75'28'35- W., FOR A DISTANCE OF 30.92 FEET TO THE END OF SAID CURVE; THENCE RUN S. 79012153" W. FOR A DISTANCE OF 22.93 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHEASTERLY; THENCE RUN WESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 85.00 FEET, THROUGH A CENTRAL ANGLE OF 33001047 -, SUBTENDED BY A CHORD OF 48.33 FEET AT A BEARING OF S. 62'41' 59- W., FOR A DISTANCE OF 49.00 FEET TO THE END OF SAID CURVE; THENCE RUN S. 46011106" W. FOR A DISTANCE OF 27.06 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE EASTERLY; THENCE RUN SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 30.00 FEET, THROUGH A CENTRAL ANGLE OF 90000100 ". SUBTENDED BY A CHORD OF 42.43 FEET AT A BEARING OF '' � OR: za�g PG: z3s� 16J1 Exhibit 'A', Page 15 of 17 HMA PROJECT 193.33 7/22/94 REF.DWG. B- 1575 -1 SHEET 7 OF 8 S. 01011106" W., FOR A DISTANCE OF 47.12 FEET TO THE END OF SAID CURVE; THENCE RUN S. 43.48154" E. FOR A DISTANCE OF 18.05 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHERLY; THENCE RUN SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 30.00 FEET, THROUGH A CENTRAL ANGLE OF 90 °00'00 -, SUBTENDED BY A CHORD OF 42.43 FEET AT A BEARING OF S. 88.48154" E., FOR A DISTANCE OF 47.12 FEET TO THE END OF SAID CURVE; THENCE RUM N. 46.11106" E. FOR A DISTANCE OF 38.14 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHEASTERLY; THENCE RUN i NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 90.00 FEET, THROUGH A CENTRAL ANGLE OF 13'44146-, SUBTENDED BY A CHORD OF 21.54 FEET AT A BEARING OF N. 53.03'29- E., FOR A DISTANCE OF 21.59 FEET TO THE END OF SAID CURVE; THENCE RUN N. 59.551520 E. FOR A DISTANCE OF 84.78 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHWESTERLY; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 210.00 FEET, THROUGH A CENTRAL ANGLE OF 13 °01'54 -, SUBTENDED BY A CHORD OF 47.66 FEET AT A BEARING OF N. 53.24155- E., FOR A DISTANCE OF 47.76 FEET TO THE END OF SAID CURVE; THENCE RUN N. 46.53'58" E. FOR A DISTANCE OF 25.27 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHERLY; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 30.00 FEET, THROUGH A CENTRAL ANGLE OF 80.24121 -, SUBTENDED BY A CHORD OF 38.73 FEET AT A BEARING OF N. 87006'08" E., FOR A DISTANCE OF 42.10 FEET TO A POINT OF REVERSE CURVE; THENCE RUN SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 210.00 FEET, THROUGH A CENTRAL ANGLE OF 10.28135 ", SUBTENDED BY A CHORD OF 38.34 FEET AT A BEARING OF S. 57055159- E., FOR A DISTANCE OF 38.40 FEET TO A POINT OF REVERSE CURVE; THENCE RUN SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 115.00 FEET, THROUGH A CENTRAL ANGLE OF 33.59115 -, SUBTENDED BY A CHORD OF 67.22 FEET AT A BEARING OF S. 46010'39- E., FOR A DISTANCE OF 68.22 FEET TO THE END OF SAID CURVE; THENCE RUN S. 29.11102" E. FOR A DISTANCE OF 50.04 FEET; THENCE RUN S. 66 048106" W. FOR A DISTANCE OF 143.71 FEET; THENCE RUN S. 21.48'06" W. FOR A DISTANCE OF 91.22 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE WESTERLY, WHOSE RADIUS POINT BEARS S. 73.40'24- W. A DISTANCE OF 96.00 FEET THEREFROM; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TD THE RIGHT, HAVING A RADIUS OF 96.00 FEET, THROUGH A CENTRAL ANGLE OF 32022128", SUBTENDED BY A CHORD OF 53.53 FEET AT A BEARING OF S. 00008122- E., FOR A DISTANCE OF 54.24 FEET TO THE END OF SAID CURVE; THENCE RUN N. 21048106" E. FOR A DISTANCE OF 132.59 FEET; THENCE RUN N. 66.48106" E. FOR A DISTANCE OF 137.52 FEET; THENCE RUN S. 29011'02" E. FOR A DISTANCE OF 61.60 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE WESTERLY; THENCE RUN SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 100.00 FEET, THROUGH A CENTRAL ANGLE OF 60'27'02 -, SUBTENDED BY A CHORD OF 100.68 FEET AT A BEARING OF S. 01.02'29- W., FOR A DISTANCE OF 105.51 FEET TO THE END OF SAID CURVE; THENCE RUN S. 31 016'00- W. FOR A DISTANCE OF 73.22 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHWESTERLY; THENCE RUN SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 90.40 FEET, THROUGH A.CE TrRAL ANGLE OF 12.41'21 -, SUBTENDED BY A CHORD OF 19.98 FEET AT A BEARING OF S. 37 036'41- W., FOR A DISTANCE OF 20.02 FEET TO A POINT OF REVERSE CURVE; THENCE RUN SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE 16J I. OR: 2094 PG: 2359 Exhibit •A•, Page 16 of 17 HKA PROJECT 193,33 7/22/94 REF-DWG- B- 1575 -1 SHEET 8 OF 8 LEFT, HAVING A RADIUS OF 148.00 FEET, THROUGH A CENTRAL ANGLE OF 34.37'030, SUBTENDED BY A CHORD OF 88.07 FEET AT A BEARING OF S. 26038950° W., FOR A DISTANCE OF 89.42 FEET TO THE END OF SAID CURVE; THENCE RUN S. 09.20118" W. FOR A DISTANCE OF 102.70 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHWESTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 50.00 FEET, THROUGH A CENTRAL ANGLE OF 94.36159", SUBTENDED BY A CHORD OF 73.50 FEET AT A BEARING OF S. 56.38147" W., FOR A DISTANCE OF 82.57 FEET TO A POINT OF COMPOUND CURVE; TH3WCB RUN WESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 1683.94 FEET, THROUGH A CENTRAL ANGLE OF 11.52121", SUBTENDED BY A CHORD OF 348.31 FEET AT A BEARING OF N. 70-06.'33- W., FOR A DISTANCE OF 348.93 FEET TO A POINT OF COMPOUND CURVE; THENCE RUN NORTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 90.00 *FEET, THROUGH A CENTRAL ANGLE OF 41.03114", SUBTENDED BY A CHORD OF 63.12 FEET AT A BEARING OF N. 43.38'46- W., FOR A DISTANCE OF 64.49 FEET TO A POINT OF REVERSE CURVE; THENCE RUN NOSY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 110.00 FEET, THROUGH A CENTRAL ANGLE OF 20.42'24 ", SUBTENDED BY A CHORD OF 39.54 FEET AT A BEARING OF N. 33.28'21- W., FOR A DISTANCE OF 39.75 FEET TO THE END OF SAID CURVE; THENCE RUN N. 28.45135- E. FOR A DISTANCE OF 121.52 FEET; THENCE RUN N. 58 °29135" W. FOR A DISTANCE OF 15.02 FEET; THENCE RUN S. 28045135- W. FOR A DISTANCE OF 118.67 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE SOUTHWESTERLY, WHOSE RADIUS POINT BEARS S. 38.08110- W. A DISTANCE OF 110.00 FEET THEREFROM; THENCE RUN NORTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 110.00 FEET, THROUGH A CENTRAL ANGLE OF 46 037118 0, SUBTENDED BY A CHORD OF 87.06 FEET AT A BEARING OF N. 75.10'29• W., FOR A DISTANCE OF 89.51 FEET TO A POINT OF REVERSE CURVE; THENCE RUN WESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 90.00 FEET, THROUGH A CENTRAL ANGLE OF 38.51'29 -, SUBTENDED BY A CHORD OF 59.88 FEET AT A BEARING OF N. 79- 03'24" W., FOR A DISTANCE OF 61.04 FEET TO THE POINT OF BEGINNINg. SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE SOUTHERLY BOUNDARY OF PARCEL "A" OF PELICAN BAY UNIT 16 ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOR 18 AT PAGES 35 AND 36, COLLIER COUNTY, FLORIDA, AS BEING N. 59.37039- W. THIS PROPERTY COMPRISES 2.952 ACRES, MORE OR LESS. HOLE, MONTES 6 ASSOCIATES, INC. BY THOMAS J. GARRIS P.L.S. 03741 STATE OF FLORIDA �I OG Q 3 rr < a�m nn a n iI CH rppplr 1rr Z 9MRS aaee♦ ►1 Er7 n ♦[r (n wtw O 0 wwi (J a ww d mZ din U' CL (L[lp/�L4[rf CL IL `Oo•i il •w www Mggwi iggiw iiw iii iww iiiw2 in,jL.]f}L•.�1 ppia ll 999 $11 a eggs g.d u� r �R Aa $ . s aai -c"ci IHE Bad 686 Bad Bdd X333 s3s Bad BdII -Bad 8a'a OG Q 3 rr < a�m nn a n iI 16J1 rppplr 1rr Z 9MRS aaee♦ ►1 Er7 n ♦[r (n wtw O 0 wwi (J a ww d mZ din U' CL CL IL OG Q 3 rr < a�m nn a n iI r W w D N a H O Z s ©m d� Exhibit -A -, Paga 17 0! 17 rr _ M M M Cf Z O P CL U N W J a W J Q O U N W Y N N � I L�i�1 I I 1 `a V 2 2 w i rppplr 1rr rrr aaee♦ ►1 Er7 woo [c r1 ♦[r iwi wtw •ww wwi iww iii ww r W w D N a H O Z s ©m d� Exhibit -A -, Paga 17 0! 17 rr _ M M M Cf Z O P CL U N W J a W J Q O U N W Y N N � I L�i�1 I I 1 `a V 2 2 w i it 16J1 QUITCLAIM 1923398 OR: 2044 PG: 2272 neme is ornm nems of coung earn, n 04/03/95 at 03:251K DVIG" 1. BI=' CUB Be M ow. 70 .70 M?133 9.00 Rau: clin To 79I BOW I ames Sig PLOU U? $405 c:2?X' IMS QUITCLAIM DEED made this day of 19 bg a Boar d of county Commissioners of Collier Coup tA Florida, GRANTOR, and C-PA,, Partners, Ltd., its successors and assigns, GRANTEE. I T N E S S E T H: wit, -:the; GRANTOR, for and in consideration of the sum of Tan Dollars and other valuable consideration to it in hand paid by the GRANTEE, of which 14 hereby acknowledged, hereby remises, releases, and ."unto GRANTEE forever, all right, title, interest, claim, and demand said -GRANTOR has in that certain portion of a right -of=way drainage '-'U easement interest in, of, and about the following described lands _`ted in:-.Collier County. Florida, to-wit: .... .. (See Exhibit "A" attached hereto and incorporated herein by reference) GRANTOR has caused these presents to be executed in its OF, " COUNTY COMMISSIONERS acting by the Chairman or Vice d, Kdar ;�th6 day and year aforesaid. , BOARD OF COUNTT COMMISSIONERS low, COLLIER 90UNTYJ FLORIDA �C'Fc =:+ , ,tt C _ .141 /fiETTYE Y. S, ai;;irmal SX Prepared by, Heidi F. Ashton, EsIt. Office of the Count) KuWrntY 3301 East Tamiami Trail Naples, 7 Florida 33962 (813) 7444M r� s��.t iC �•Sc'i 1 _•... —..`' ,, a RO.{D ��$ sum ;s A w �« 16J1 - .a;!.7:%; :. vhf I •L ,g •� � 1. � q �1•u�i Pdff as•! r. � : r w 'r Ism ;. N POSH! SaIr N 4 F"TA1 SURVEY •f yet .Zp its tir. t .,, � &� \ � �\ &mob co ! s ;Z"A" 81 'GE SYSTEM V 0DRA-1 .Station 33, Township 48 South, Range 23 East, Coiner County; Florida more particularly de=y. y. as 't6,00tthud corner of the sou beast on"uarter Of Section 33 Township 48 South, Range 25 .8'tb8."3t--lhw;0f the southeast one - quarter of said Section 33 for 1156.73 fect; ed to the Point of Beginning Of the hereln described p arcel of land; feet; JbijT . . . . . . . . . ....... for"191. , 66 feet; Y- ,�PW43.13- feet 3 091 7f 91br 20.71, feet 10 the Point of Beginning _A allIS17- A 1611 , '46E 6E 7 ore OR: 2044 PG: 2279 ;Z"A" 81 'GE SYSTEM V 0DRA-1 .Station 33, Township 48 South, Range 23 East, Coiner County; Florida more particularly de=y. y. as 't6,00tthud corner of the sou beast on"uarter Of Section 33 Township 48 South, Range 25 .8'tb8."3t--lhw;0f the southeast one - quarter of said Section 33 for 1156.73 fect; ed to the Point of Beginning Of the hereln described p arcel of land; feet; JbijT . . . . . . . . . ....... for"191. , 66 feet; Y- ,�PW43.13- feet 3 091 7f 91br 20.71, feet 10 the Point of Beginning _A YZ saim"'t 1 1 MIM alW11517- A Nw?HrAsr CORNER SOUTHEAST 114 16J1 SECSECTION A NM R2ZE �z. worA SURVEY I 3* O at Nam*•; exam. in Ilow , A Mw saim"'t 1 1 MIM alW11517- A Nw?HrAsr CORNER SOUTHEAST 114 16J1 SECSECTION A NM R2ZE �z. worA SURVEY I 3* O at Nam*•; exam. in Ilow , A 61 48731 a 19 JUN -7 P, x-16 00 1622 COLLIER COUNTY R£COROED OR BOOK 001490 _ PAGE 16JI This indenture made and executed this 2131 day of May , 1991 by and between PELIC.iN BAY COOPERATIVE HOUSING CORPORATION, a REL;nLb,Florida Nonprofit corporation, hereinafter called GRANTOR; and the PR`.t Collier County Board of County Commissioners, as the successors in OOC .C_Sinterest to the Board of Supervisors of the Pelican Bay Improvement INT — District, hereinafter called GRANTEE: IND — WITNESSETH That for and in consideration of the sum of Ten Dollars ('10.00) and other good and valuable consideration, receipt of which is hereby aclrnawledyed, the GRANTOR hereby grants to GRANTEE, its successors and assigns, an easement over and through the property more particularly. described on Exhibit "A ", attached hereto and made a part hereof (hereinafter referred to as thv "Property*) for the purpose of ingress and egres- to and from GRANTEE'S Ovate_ management facilities. GRAR'1R further grants a right of access to GRANTEE through and across any privacy gates which may hereafter be established o- the Property, in order for GRANTEE to accomplish and carry out its functions as conterp_ -tad in this easement. TO HAVE AND TO HOLD the easement hereby granted unto said GRANTEE, its successors and assigns. GRANTEE, by acceptance of this easemert agrees for itself, its successors and assigns, to in no way interfere with the right of ingress or egrpri of GRANTOR, members of Pelican Bay Cooperative Housing Corporacion, their successors and assigns, or any other party requiring access to the Property over which this easement is granted or to any properties abutting the Property encumbered by this easement. GRANTEE agrees that it will, to the extent reasonable and possible under the circumstances, use reasonable care within the Property encumbered by this easement. GRANTOR agrees for itself, its Successors and assigns that it will be responsible for the cost of repairs, replacement, maintenance or restoration of improvements and landscaping on the Property. GRANTOR, its successors and assigns, shall allow free and open access over and across the Property, including labor, equipment and materials as deemed necessary by GRANTEE for purposes of performing its water management function. This is a private easement between GRANTOR and GRANTEE and neither the general public nor any purchase of the Property unencumbered by this easement shall acquire any right, title or interest in or to this easement. Further, this easement may be modified or vacated without written notice to the ganeral public or any purchase of the Property unencumbered by the easement. GRANTOR reserves the right for itself, its successors and assigns, to use the Property in any manner that does not prevent GRANTEE from exercising GRANTEE'S use and enjoyment of the easement hereby granted. IN WITNESS WHEREOF the GRANTOR has caused these presents to be executed in its name, and its corporate seal to be hereunto Recoved S ocumentarl St.rp Tax Received 3 Class "C" lnt3ngit;le Perscnat Propery Tax :OLLIER COUNTY CLERK OF COURTS 3y — --&, J-' c1 a. 0) D.0 001672 001491 OR BOOK PAGE affixed, by its proper officer thereunto duly authorized the day and year first above written. ?fitness j�F3tne s e STATE OF INDIANA COUNTY OF MARION PELICAN SAY COOPERATIVE 16J 1 HOUSING CORPORATION By: %y- Paul A. Shively, Vice President Attests / Bruce R. Farr, Secretary (SEAL) The foregoing Grant of Easement was acknowledged before me this 21st day of May , 1951, by Paul A. Shively and Bruce R. Farr, Vice President and Treasurer, and Secretary, respectively, of Pelican Bay Cooperative Housing Corporation, a Florida nonprofit corporation, on behalf of the corporation. ...�� 6AtA„ 5 . dt ri t. 4 n (t ti �.�PRi— Notary S. Nolderman (� Public and resident of _ ; "•:C� 10 Marion C:unty, Indiana 00 My Commisaion Expires s (a - 4 - G3 This document prepared by and should be returned tot James P. Ward, Administrator Pelican Bay Services Division 801 Laurel Oak Drive, Suite 510 Naples, FL 33963 (813) 597 -1749 forms \easement.frm i I i no 1622 OR BOOK s>rce r t or s PA GE DE SCR IP;IC;; (PROPOSED INGRESS AIvD EGRESS EASEMENT) 16J1 INGRESS AND EGRESS EASEMENT OVER PART OF PARCEL "D ". PELICAN 9Al' UNIT ONE, ACCORDING TO THE PLAT THEREOF. AS RECORDED IN PLAT BOOK 12, PAGES 47 THROUGH 5Z. COLLIER COUNTY PUBLIC RECORDS. COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID FARCEL "D ". SAID CORNER BEING; A POINT ON THE WE ST EF•L v RIGHT OF W-I'r LINE OF F E L i CAN BAY BOULEVARD: THENCE ALONG THE ZASTERLY LINE OF FA,D PARCEL "D" AND THE WESTERLY RIGHT OF WAY L114E OF PELICAN BAY BOULEVARD THE FOLLOWING FIVE COURSES: 1) SOUTHERLY ALONG 1HE AFC OF A CURVE. CONCAVE WESTERLY AND HIVING A RADIUS OF 1,140.00 FEET AND A CENTRAL ANGLE 6'41'24" A DISTANCE OF 133.11 FEET: 2) S14 °55. 15W A DISTANCE OF 315.00 FEET TO 1HE BEGINNING OF A CURVE. CONCAVE EASTERLY AND HAVING A RADIUS OF .1,260.00 FEET: 3) SOUTHERLY AL014G THE ARC OF SAIL CURVE, THROUGH A 7ENTRA'— ANGLE OF 27 030'30" AN ARC DISTAN,.= OF 604.76 FEET: 4) S12 °34'45 "E A DISTANCE OF 453.14 FEET TO THE BEGINNING OF A CURVE, CONCAVE EASTERLY AND HAVING A RADIUS OF 1,260.00 FEET: 5) SOUTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 23 °15'00" AN ARC OF DISTANCE 511.29 FEET: THENCE S35 °49P45"'E ALONG THE NORTHERLY LINE Of SAID .PARC!_L "L AND THE SOUTHWEST E. "_­ F-IGHT OF WAY LINE OF PELICAN BAY FOULEVARD. A DISTANCE C•,_ 319.25 FEET TO .1 POINT OF CUSP: SHID F01N) BEING 'HE BEGINNING OF A CURVE. CONCAVE SOUTHERLY AND HAVII.G A RADIUS OF 50.00 FEET: THENCE NORTHWESTERLY, WESTERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CE'N —kAL ANGLE OF 90 °00'00' AN ARC DISTANCE OF 78.54 FEET: (HENCE S54 °lU'15 'W A DISTANCE 10.0'' FEET TO THE POINT OF BEGINNING OF A CURVE. CONCAVE NORIHWESTERLY 'ND HAVING v RAU_US OF 679.12 FEE 1: 1HENCE SOUTHWESTERLY AND WESTERLY ALONG THE: ARC OF SAID CURVE. THROUGH A CENTRAL ANGLE OF 17 °00'00" AIJ ARC DISTANCE OF 207,43 FGLT: THENCE S71 °10'15 "W A DISTANCE OF44,14 FEET TO A 6EGINNING O= A CURVE CONCAVE SOUIHEESTERLY AND HC•VING A RADIUS OF 40.00 FEET: THENCE WESTERLY. SOUTHWESTERLY ANC SO'.I'.HERLY ALONG THE .RC Cyr' SAID CURVE THROUGH A CENTRAL AI•JGLE OF 62'21.35" AN ARC DISTANCE OF 43.54 FEET TO THE BEGINNING OF A REVE;:SE CURVE CONCAVE NORTHERLY ANU HAVING A RADIUS OF 57.0ci FEEL: THENCE SUUTHWESTERLY ALONG THE ARC OF A CURVE THROUGH A CENIkAL ANGLE OF 64't;9'SCr" AN ARC DISTANCE OF 64.66 FEET 70 1HE FOI111 OF BEGINNING OF THE INGRESS AND EGRESS EASEMENT MORE PARTICULARLY DE5CRIBED AS FOLLOWS: THENCE NORTHEASTERLY ALONG 1HE ARC OF SAIL CURVE, SAIL) ARC BEING THE RIGHT OF WAY OF THE CUL —DE —SAC OF GLENVIEW FLACE. THROUGH A CENTRAL ANGLE OF 70.31'55" A DISTANCE OF 70. 17 FEE-(: THENCE LEAVING SAID CURVE ON A NON TANGENT —NON RADIAL LINE SD_°4E'33 "W A DISTANCE OF 39.60 FEET TL A CURVE lU THE LEFT CUrgCAVE TO 7HE NORTHEAST HAVING A RADIUS OF 49.C�:r FEET: THENCE SOU',HLAS ERL( ALONG THE ARC OF SAID CURVE 1HROUGH A CEN'IRAL AkGLL OF 70'37-22" A DISTANCE OF 60.40 FEET: THENCE Sc6 °46'49 "E A DISTANCE OF 123.'i3 FEET 70 A CURVE. 10 THE RIGHT CONCi-rVE 70 1HE S.'JYH.'_ST HAVINC, A r GG1622 1) 0 14 93 16J1 OR BOOK PAGE SNCCT 2 OF S ' RADIUS OF 25.00 FEET: THENCE SOUTHWESTERLY ALONG THE ARC. OF SAID CURVE THROUGH A CENTRA'_ ANGLE 41'9 "48" A DISTANCE OE 18.11 FEET TO A POINT OF COMPOUND C:URVATUNE TO THE RIGHT CONCAVE TO THE WEST HAVING A RADIUS OF 456.36 FEET: THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE, OF 39 010'51" A DISTANCE OF 312.08 FEET TO A POINT OF COMPOUND CURVATURE 1 "O THE RIGHT CONCAVE TO THE NORTHWEST HAVING A RADIUS' OF 25.00 FEET: THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THOUGH A CENlRAI_ ANGLE OF 7401B'48" A DISTANCE OF 32.43 FEET: THE14CE S88' 1 1 ' G6 "W A DISTANCE OF 90.46 FEET TO A CURVE 70 THE LEFT CONCAVE 1'0 THE SOUTHEAST HAVING A RADIUS OF 45.00 FEET; THENL:E SOUTHWES"iERLN ALONG THE ARC OF SAID CURV= THROUGH A CENTRAL A14GLE OF 38'28'19" A DISTANCE OF 30.22 FEET TO A FOI14T OF REVERSE CURVATURE 'TO THE R16HT CONCAVE TO THE NOR'iH HAVING A RNUIUS OF 20.00 FEET: THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE Of 50 010'11" A DISTANCE OF 17.51 FEET: THENCE N80006'09 "W A DISTANCE OF 53.46 FEET TO A CURVE TO THE LEFT CONCAVE 'TO 'THE SOUTHEAST HAVING A RADIUS OF 8.00 FEET: THENCE SOUTHWESTERLY AC:ONG THE ARC OF SAID CURVE THROUGH A CENTF!'. ANGLE OF 89'53'16" A DISTANCE OF 12.35 FEET TO A P01NT OF REVERSE CURVATURE TO INE RIGHT CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 5.00 FEET: THENCE SOUTHERLY ALONG THE ARC: OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90-51'57" A DISTANCE OF 7.93 FEET TO A POINT OF COMPOUND CURVATURE 'TO THE RIGHT CONCAVE TO THE NORIHEASI HAVING A RADIUS 180.00 FE '7-. THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 77'18'45" A DISTANCE OF 242.86 FEET: IHENCE NOI °48'49 "W A DISTANCE OF 72.91 FEET: THENCE Nf28'11'11 "W A DISTANCE 32.50 FEET: THENCE Sol' 48'49"L A DISTANCE OF 30.90 FEEL TO A CURVE TO THE RIGHT C014CAVE TO THE NORTHWEST HAVING A RADIUS OF 10.00 FEET:,THENCE NORTHWESTERLY ALONG THE ARC. OF SAIU CURVE THROUGH A CENTRAL ANGLE OF 87.20'17" N DISTANCE OF 15.24 FEET: THENCE S1350'68'03 "W A OF LISTAPZE 131.70 F'EE'i TO A CURVE lO THE RIGHT CONCAVL TO THE NORTH HAVING A RADIUS OF 25.00 FEET: 'THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A = "NTRAI_ ANGLE OF 30'57'57" A DISTANCE OF 13.51 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY OF A PRIVATE ROAD: THENCE 57n'18'03 "W ALONG SAIU EASTERLY RIGHT OF WAY A DISTANCE OF 32.11 FEET TO A POINT ON A NUN- lANGENT CURVE 1.0 THE RIGHT CONCAVE TO 1'HE SOUTHEAST ITS RADIUS POINT LIES S37'24'32 "E A DISTANCE OF 50.00 FEET: THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL A14GLE 33 °02'35" A DISTANCE OF 28.84 FEET: THENLL N85 38'03 "E A DISTANCE OF 11H.12 FEET 70 A CURVE TO THE RIGHT CONCAVE lU THE SOUTHWASI HAVING A RADIUS OF 25.00 FEET: THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 89'09153" A DISTANCE OF 38.91 FEET TO A POINT OF REVERSE CURVATURE TO THE LEFT CONCAVE 'TO THE NORTHEAST HAVING A RADIUS OF 200.00 FEET: THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 74-56'47" A DISTANCE OF 261.61 FEET: THENCE S80'06'09 "E A DISTANCE OF 53.16 FEET TO A CURVE TO THE LEFT CONCAVE TO THE NORTHWEST HAVING A RAUIU:7 OF 50.00 FEET: THENCE NORTHEASTERLY ALONG THE ARC u&7 SAID CURVE a THROUGH A CENTRAL ANGLE OF 50 021'14" A DISTANCE OF 43.90 FEET: THENCE N49 042'36 "E A DISTANCE OF 6.94 FEET TO A CURVE 10 IHE RIGHT CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 21.00 FEET: THENCE: NORTHEASTERLY ALONG THE AFC OF SAID CURVE THROUGH A - ti Cf I .µ ti Cf I .µ ��v+i..ry �i�%.'^Rii�d1. .F. •h... '.! h.. _ FL .._? �, ..a., l,! '`0 1622 ' ' • • BOOK 16J1 , - SICET 3 OF S CENTRAL ANGLE OF 38 028'19" A DISTANCE OF 14.10 FEET: THENCE N88 °11 ' 11 "E A I1I5'TANCE: OF 00.47 FEET TO A CUP'JE TO THE LEFT CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 49.(,0 FEET: THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THRUUGH A CENTRAL ANGLE OF 74 018'49" A DISTANCE OF 63.56 FEET TO A POINT OF COMPOUND CURVATURE TO THE LEFT CONCAVE TO T6E WEST HAVING A RADIUS OF* 480.37 FEET: THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 39 010'51" A DISTANCE OF 328.49 FEET TO A POINT OF COMPOUND CURVATURE TO THE RIGHT CONCAVE TO THE SOUTHWEST ,HAVING A RADIUS OF 49.00 FEET: THENCE NORTHWESTERLY ALONG THE ARC-- OF SAID CURVE THROUGH A CENTRAk ANGLE OF 41'29'48" A DISTANCE up 35.49 FEET: THENCE N66 48'49 "W A DISTANCE OF 10.97 FEET TO A CURVE TO THE RIGHT CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 25.00 FEET: THENCE NORTHWESTERLY ALONG THE ARC OF.SAID CURVE THROUGH A CENTRAL ANGLE OF 104 °02'46" A DISTANCE OF 45.40 FEET: THENCE N43'O4'555"E A DISTANCE OF 18.48 FEET TO THE POINT "'F BEGINNING. CONTAINING 31.662 SQUARE FEET. = 0.727 ACRES MO„E. OR LESj SEE ATTACHED SYi7CH OF DESCRIPTION POINT OF coswE.NCF+4Eyr 1, 16J104 h sKE'TCN DESCRIPTION DATA POINT OF COMMENCEMENT 1. R• /.140.00' 0.06'41'24' A•333.11' 2. 514 33.13 "W 313.00' 3. R•1.26O.0O' D•27'3O100' A•604.76' 4. 512'34.43 "E 433.14' 3. R-1.260. OW D•23'15'00" A•311.29' 6. 833'49.43 "E 319.23' 7. R•5O.00' D•9O.0O'0O' ;•73.54' 8. 334'10'13 "W 10.00' 9. R•699.12' D -o17 *OO'00' A•207.43' f0. S71'1O'15 "W • 44.14' 11. R•40.00' D•62'21'35" A•43.54 12. R•37.00' D•64'59'to' A•64.66' POINT OF BEGINN140 13. R "37.001 0"70'31153" A•7O.17' 14. 5.03'48'33-W 39.63' 13. R•49.0O' 0.70 37'2Z' A•60.40' 16. 8.66'1849 "E 125.73' 17. R-25. D;41'29141-" D•41'29'4f•" A "lal.11' 18. R•456.36" 0.39 10'51' A•312.O8' 19. R•23.00'ID•74'18'48' A•32.43' 20. 5.88'i2'06'W 90.46' 21. R•45.O0• D•38'28.19" A- ZO.22' 22. R•2O.0O' D•50110111" A•17.31' 23. N.60r'O6'09 "W 33.46' 24. R•8.00' D•69'53'16' A•12.53' 23 R•5.00' D•Itl 31'57' A•7.93' 26. . R•100.0O' C�"7'IB'43" A•242.63' 27. N.O1'48'49 "f• 72.91' 28. 6.88'11'11'W 32.30' 29. 8.01'48'49 "E 30.90' 30. R•10.00' D•67:20'17' A•13.24' 31. S.SS'38.O3"W 131.70' 32. R•23.00` G•30:37'S7" A•13.51' 33. 8.03'10'03 "W 32.11' 34. R•3O.O0' D•33'02'33' A•28.84' 33. N.85,38'03•E 118.12' 36. R•23.0O' D•69- 09.33' A•38.91' 37. R•200.00' D•74'56'47' A•261.6f' 38. 8.80'06'09 "E 35.16' 39. R•5O.0O' D•50'11'14' A•43.80' 40. N.49'42'36'E 8.90' 41. R•21.00' D•38'28'19' A•14.10' 42. N.88'11'11'E 90.47' 43. R•49.0O' D•74'18'48' A•63.36' 44. R•480.37• 0.39'10.31' A•328.49' 43. R•49.O0' D•41'29.48' A•35.49' 46. N.66' 401 49 "W 102.97' .47. R•23.0O 'D•104'02'46' A•45.40' 48. N.43'04.55 "E •18.48' ShCE T 4 OF 3 ff / lI l I 1 i 1 _ MATCH LINE ISEE SWET S OF 31 MATCH LINE ISEE SWET 4 0r S! O ° O 1V 7C N O A '- M co to �. �..- t" �. ..� ±a�t"�+'t�r'nia••tl��.sm -.1 - = _ao-•aulr,�.,..:`��moi�il�`n•' ....Iwnners;�,:7x:�'i" �_..__. __ M.l TCN LINE fWE WfE7 3 Of II r �� • MA TCN LINE (SEE ShIECT 4 Of 3) \� / It ` % OO rV -• POrNT OF BEGINNING -X N 1 1 Z 1 1 1 1 J 1 1 / 1 � 1 1 1 1 1 1 j1 O 1 1 rl � O 1 PROPOSED I&AESS E T7l CD - - - - -- �"— EGAESS EAEEMEN7 Cy ' + q _a I 1 r = C. - I I +•- 1 I 1 I I r r V 1 ) r i • � 1�1 II 1701 + ?.c ....l.c r.0 Wlrltl�i 6t Ws+q�fCLAMOU ITOM r[oapaculrr n / STATE OF Q - DATE: 051 4/90 •• SCALf: r IOo' Gy} DOES NOT MNSTIZIJIE A BOUNDARY SURVEY Lmio 5, iOm DESCRIPTION PURPOSES ONLY JoB No. 90- 05-34C DARRELL r- GFRKEN rwo/css+wu w.o .ull.c�oll ,z,FrT 3 Or S CERTIFIED TO. PELICAN BAY IMPROVEMENT DISTRICT 01452733 M FEB-8 PH 337 00 159 1 00227 1 COLLIER COUNTY RECORDED OR BOOK 7 6J AGES GRANT OF EASEMENT oL REC `d...O� P7m. Doc �s 1NT — IND c M 6 z V 000 a �n o .. c > D .o o a UJ[n r .'f • O • o0 009! a� u -+ -6 6 e •0 r 3 (m�z Y v Y Y r a .a 0 M 0 U . M " M This indenture made and executed this 30thday of January, 1991, by and between THE CLUB AT PELICAN BAY, INC., hereinafter called GRANTOR; and COLLIER COUNTY, a political subdivision of the State of Florida, hereinafter called GRANTEE. W I T N E S S E T H That for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, receipt of which is hereby acknowledged, the GRANTOR hereby grants to GRANTEE, its successors or assigns, an easement for the purpose of construction, maintenance, repair and replacement of water, sewer and irrigation pipe and related appurtenances over, under on and through the property as more particularly described on Exhibit "A' attached hereto and made a pa:-* hereof. TO HA%E AND TO HOLD the easements hereby granted unto said GRANTEE, its successors and assigns. GRANTEE, by acceptance of these easements agrees for itself, its successors and assigns, to maintain said easements and in no way interfere at any time with the right of ingress or egress of GRANTOR, its successors and assigns, or any other party requiring access to any of the property over which said easements are granted. GRANTEE further agrees that it will at all times use extreme care to restore all grounds to as good or better condition than found prior to construction, maintenance and repair. IN HITNESS'HHEREOF the GRANTOR has caused these presents tc be executed in its name, and its corporate seal to be hereunto affixed, by its proper officer thereunto duly authorized the day and year first above written. signed, sealed %nd delivered THE CLUB A- PELICAN BAY INC. the presence c B Laurel Y. Site �Vice Hted Preside 801 Laurel Oak Drive, Naples. FL 33963 Nora J. Hogue STATE OF FLORIDA COUNTY OF COLLIER I HEREBY Cr':ai?Y that on this day, before me, an officer duly authorized by the State and County aforesaid to take acknowledgments, personally appeared Louis H. Hoegsted known to me to be the Executive Vice President of The Club at Pelican Bay, Inc. and that he acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily on behalf of the corporation. WITNESS my hand and official seal in the County and State last aforesaid this 30thday of January 1991. (SEAL) Notary Address: 801 Laurel Oak Dri aples. FL33963 My Commission Expires: Lw�1 Y tltTlaT w ta��ar aswe rosy 1]. 1trM does sm omm pme OCeOWeA• This instrument prepared by: Robert W. McClure Received $ ' SS -Documentary Stamp Tax 801 Laurel Oak Drive, suite 509�ece-ved S A Class'C';ntanr,1bte Naples, FL 33963 --personal Property Tax 5099.lys COLL CW�NTY CLERK OF COURTS By C71lOD�i 001591 002272 OR BOOK PAGE 161l J i T' LEGAL DESCRIPTION OF A PROPOSED 1S' UTIUTY CASELIENT A PORTION OF PARCE L'u' OF PELICAN BAY UNIT Two ACCORDING TO THE PUT r THEREOF. RECORDED IN PLAT BOOK 12 Al PAGES 74 THI:OUGH 19 OF THE PUBLIC RE CORDS OF COLLIER COUNT Y.►LORIDA, BEING YORE PARTICULARLY DESCRIBED ., AS►OLLOWS4 , BEGINAT THE NORTHE157 CORNER Of PARCEL'"' OF PELICAN BAY UNIT TWO, A^=RDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 12. AT PAGES 74 THROUGH 79 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THE SAL4E BEING A POINT ON THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF GULF PARK DRIVE, CA 120 FOOT R1GKT- Cf -WAYx THENCE RUN 5,1 /'57WE„ ALONG THE EAST LINE OF SAID PARCEL '14 . FOR A DISTANCE OF IS-3O FEET TO A POINT ON A CIRCULAR CURVE CONCAVE TO THE NORTHWEST, WHOSE RADIUS POINT BEARS N: 26.12'SC W. A DISTANCE OF IOIBJA4 FEET THERE►ROW. THENCE RUN SOUTKW(STERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT. HAVING A RADIUS OF 10M" FEET. THROUGH A CENTRAL ANGLE OF 06'16'3e',SUBTENDED OVA CHORD OF 1197DSFEET AT A BEARING OF S. 67':3'2Y W. FOR A DISTANCE Of 147.19 FE ET TO A POINT ON A CIRCULAR CURVE. CONCAVE 70 THE SOUTHEAST. WHOSE RADIUS POINT BEARS S. 85 WV E.A DISTANCE OF 25AOf EET THCR[►ROu, TK SAYE BEING A POINT ON THE EASTERLY A&GHT -Cf -WAY LME Of H'ELICAN BAY 14PROVELIENT DISTRICT XP2J.D) FASEL'Un RECORDED IN OR BOOK 790. Al PAGES 17" AND 1826 OF THE PUBLIC RECORDSOF COLLIER COUNTY, FLORIDA; THENCE RUN NORTHEASTERLY �•' ALONG THE ARC OF SAID CURVE TOTHE RIGHT. THE SAME BEING THE EASTERLY LINE OF SAID PAJM. EAStuENT, HAVING A RADIUS Of 2SD0 FEET. THROUGY A CENTRAL ANGLE OF 65.46'56', SUBTENDED BY A CHORD Of 27.13 FEET AT A E BEARING OF N, 77'57'1!' [. f OR A DISTANCE Of 23.70 F EET T O A POINT OF NEvERSL CURVE. THE SANE BE ING APOWT ON TM SOUTHERLY RIGHTT -OF. WAY LINE OF GULF ,-„ PARK DRIVE; THENCE RUN +NORTHEASTERLY ALONG THE ARC Of SAID CURVE 70 THE LEFT. HAVING A RADIUS OF 10344 FEET. THROUGH A CENTRAL, ANGLE Of 07'09'5('. SUFTENDE D BY A CHORD OF 125/16►[ [T, AT A BEARING of N• 67' I1•ar E. FOR A _-STANCE Of 125.5,4 FEET TO THE POINT Of BEGINNINO, CONTAj NoNG OmaF ACRE. LORE OR LESS :FNS PROPERTY IS SUB.ACT TO EASEMENTS, RESERVATIONS OR REST RIC71ONS OF RLCORD. BEARING REF E R TO THE PLAT OF PE UCAN BA V. U NII TW O. PLA7 BOOK 1; PAGES Tt _ THROUGH 79. COLLIER COUNTY. FLORIDA. SIGNED 10VOy90 HOLE. LOONIES 3 ASSOCIATES, INC. ' BY P.L S..3741 HOtaASJ. GA K STATE OF FLA. ay, ��- K: EXHIBIT 'A' 001591 002273 OR BOOK PAGE 16J1 == DCSCRXPTXON Or A PR0POSED 13, OTSLm EASENENT A POZnOX Or PARCEL -X- Or PELICAN BAY UNIT TWO ACCORDING TO TXE PLAT TMXDOF, RXCORDED X71 MAT DOOR 12 AT PAGES 74 THROUGH 79 Or T21E PUBLIC RFAORDS Or COLLIER COUNTY, FLORIDA, BEING %ORE PARTXCUXARLY DESCRIBED AS rOLLO"s COMZNCZ AT THE N0RTHEAST COXWM Or PARCEL -x' Or PZLIChK BAY UNIT TUB, ACCORDING To Txz PLAT Tvx REOr Rz^ORDED IN PUT BOOR 12, AT PAGES .4 TIM000H 79 Or TUN PUBLIC RECORDS Or COLLIER COUNTY. rLORXDA, Tux SANE BEING A POINT ON Tim SOUSSASTDRLY Rxcwr- Or-%Ay LXXX Or GULr PAPA MXVE (A 120 FOOT RXGET- or -KhY)1 TaEMCE RUN a. 14.57025" E., ALONG TIM EASY' LINE Or SAID PARCEL -x -, FOR A DISTANCE or 15.20 FEET TO A POrwT ON A CSRW7AR CURVE CONCAVE TO THE N0RTIMFEST, 11805E RADIUS POINT BEARS X. 26.12.37• W., A DISTANCE OF 1010.14 FELT TXERZM OH! T2=cx RUN SOVLYNESTERLY ALONG Taz ARC Or SAXD CUM TO T= RIGRT, XhVING A RAZ=Z or 1010.04 FEET, T70OUG3 A CZXTIAL AXCLL or 06.41149 1. SU&rZM ED MY A CHORD Or 119.02 rzrr AT A O7aRXN0 Or B. 46. 579440 Y., NOR A OISTANCZ or 119.09 rE=r TO Tim POrwr Or "EC ZXN. Or TEE PAPA= or LAND BatEI1f DESC32REDt }'2XCZ RUN B. 07.39'79• Z. NOR A DISTANCE Or 127.64 FELT TO A POINT to TRZ EAST LXMX Or A 50.0 Po0r PELICAN DAY I7DRDVEKEWr DXSTRICT (r.a.X.D.) EASnLZWT RZC0RD7.D IN O.R. BOOK 790 AT PACES 1799 TXROOGX 1026 Or THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN X. 1S'26006- W., ALONG TWE EAST LALL OF SAID P.B.I.D. EA.szKE T, rm A DXSTAIICE Or 62.77 rEZTI TaZNCE 2UX N. 02'39'19- W. FOR A DLSTAXCE Or 72.21 FEE? 70 A POINT OX A CIRCULAR CURVE CONCAVE TO THE NOATaNEST, WH0SE RADIUS POZYT BEARS X. 10.46'33• W. A DISTANCE Or 1010.44 FELT TR RZFROK) T?fEXCZ RUN NORTHEASTERLY. ALONG THE A= Or SAID CURVE To TKE LEST, HAVING A RADIUS Or 1010.64 rr1T, TXROWH A CENTRAL ANGLE OF 00'52'49 -, SUDTXXDZD BY A CHORD Or 15.65 NEXT AT A BEARING Or X. 70.43'02- Z., FOR A DISTANCE Or 15.65 rE_,T .o TM POINT Or D•._.CnMZ -✓, CONTAINING .04 ACRE. MORE OR 77_IS. THY3 FROrrnli IS SUBJECT To EASDD71TS, RESERVATIONS ox RZSTRICTIONs Or RZCORD. BEARINGS REFER TO :TEE PLAT Or PELICAN LAY, UNIT TWO, P1.76T BOOX 12 PAGES 74 TX ROQCM 79, COLLIER COUNTY, FLORIDA. SIGNED II /27/90 HOLZ, NONTES 6 ASSOCIATZS, INC. n _ z .- a ' P.L.S. 11741 TDaaae J. 4&rtim State of Fla. ExHU6IT 'A' 7 `- 014488'i i COLLIER COUNTY REC PRM �- DOC INT IND E G A 3 Z c a o 'e C J C ` H �` IN �0 0 51 W U• w w W 0 64 J u M JM 25 PH 259 001588 RECORDED OR BOOK GRANT OF EASEMENT 1611 ; 000653 PAGE This indenture made and executed day of February, 1990, by and between OAK LAKE SANCTUAR OF PELICAN .BAY, a Florida partnership, hereinafter called GRANTOR; and COLLIER COUNTY, a political subdivision of the State of Florida, hereinafter called GRANTEE. W I T N E S S E T H That for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, receipt of which is hereby acknowledged,' the GRANTOR hereby grants to GRANTEE, its successors or assigns, an easement for the purpose of construction, maintenance, repair and replacement of water, sewer and irrigation pipe and related appurtenances over, under on and through the property as more particularly described on Exhibit •A" attached hereto and made a part hereof. TO HAVE AND TO HOLD the easements hereby granted unto said GRANTEE, its successors and assigns. GRANTEE, by acceptance of these easements agrees for itself, its successors and assigns, to maintain said easements and in no way interfere at any time with the right of ingress or egress of GRANTOR, its successors and assigns, or any other party requiring access to any of the prop. -!rty over which said easements are granted. GRANTEE further agrees that it will at all times use extreme care to restore all grounds to as good or better condition than found prior to construction, maintenance and repair. IN WITNESS WHEREOF the GRANTOR has caused these presents to be executed in its name; and its corporate seal to be hereunto affixed, by its proper officer thereunto duly authorized the day and year firs^ above written. Signed, sealed and delivered in the presence of: STATE of FLORIDA COUNTY of COLLIER OAK LAKE SANCTUARY, a Florida partnership By; l Title:�,r. /.... I HEREBY CERTIFY that on this day, before me, an officer duly authorized by the state and County aforesaid to take acknovledgments, personally appeared * wf�ffrld_ known to Be to be the pnrrnrr of oak Lake Sanctuary, a Florida partnership and that he acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily on behalf of the partnership. WITNESS my hand and official seal in tre County and State last aforesaid this ,j_Uhday of Seoteeber , 1990. SEAL sa• ivvsae nM1 ry VORIVU JD ( ) ra6rrrLJD mp Mp,��,y m, Commission Expires: This instrument prepared b �T .,..w --0 by y' /�/ Robert W. McClure _ 801 Laurel oak Drive Suite 500 Naples, FL 3796 •.' F • /'�' • yea f,;;� Gi.il.•:: 5099.lys . - 1 Z N a A.i O P r+� O Z 1 m N D N N O 0 N 001588 OR BOOK 16J.1 000654 PAGE Exhibit "A" I � 1 1 ti � I � 1 m a r aan ' ma=r cd A r 9 � A N� • i U S � p��S o a ^ >Y oA > o y = Q x= s�i: N� � i o s O a r uA � � m° hi c ITS w m,y 3 . �•��!.'i� ¢�'r�"' h '= °�- �,�is�� �bP _ r:,<<: a s. =,�ss^ nab :} `gyp .^. .:.aJ`i� -' . - ',cY►:��'� -'^^ COfuw cox 'f s Nv1.0 Jt tS C16" 6" fv> 2216616 OR: 2339 PG: 2257 16J1 aRCo1DID is orliclu u=s Of WLLIU Cmn, R 00119!17 at 10:21M 11161f I.310CL. CUB W 111 19.30 Dot-.71 .11 Collis 4.11 1ata: tun TO TER BOARD VM imtr. HudEs �' IITRROFFICI M FLOOR Yrvien N. Ha>Kiags Esq. in 7240 801 Lund Oat Dove, 1500 Naples. FL 34108 DRMNAGE EASEMENT THIS EASF.IENT, granted this 2Zday of _2 4-�, 1997, by WCI COMMUMTIF.S LIN TED PARTNERSHIP, a Delaware limited partnership, whose address is 801 Daorol Oar Drive, Suite 500, Naples. Florida 34108 and MARBELLA AT PELICAN BAY, INC., a Florida corporation. whose address is 801 lased Oak Drive, Suite 500, Naples, Florida 34108 collectively as Grantor, to the BOARD OF COUNTY COM USSIONERS OF COLLDSB COUNTY, FLORIDA, its successors and assigns, whose address is 3301 East Tamiami Trail. Naples, FL 34112, as Grantee. WiTNESSETH: That the Grantor for and in consideration of the stmt of ten dollars ($10.00) and other valuable consideration paid by the Grantee. receipt of which is hereby aclatowledged, hereby conveys, grants, bargains and sells ttrtto the Grantee, its successors and assign, a perpetual, non - exclusive easement, license, and privilege to enter upon and to install and maintain drainage facilities on the following described lands being located in Collier County, Florida, to wit: (Sex the legal description attached hereto as Exhibit "A'.) TO HAVE AND TO HOLD the same unto the Grantee and its assigns, together with the right to enter upon said land, for the purpose of constructing, operating. and maintaining the drainage facilities. Grantor and Grantee are used for singular or plural, as the context requires. GRANTEE, by acceptance of this easement agrees for itself, its successors and assigns, to in no way interfere with the right of ingress or egress of GRANTOR, or any other party requiring access to the properties over which this easement is granted or to any properties abutting the properties encumbered by this easement. GRANTEE, agrees that it will, to the extent reasonable and possible under the circumstances. use reasonable rare within the properties encumbered by this easement. GRANTOR agrees for itself, its sacmasors and assigns that within all of the properties subject to this easement it will be responsible for the cost of any and all repairs, replacements, mss or restoration of improvements and landscaping except sodding, which repair and replacement required by GRANTEE'S activities shall be the responsibility of the GRANTEE. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the daft and year first above written. ON a 1 t �1�1 �► �' II• .� 0""j 141,-- Print Name: CAr— , A. E1-4&% Print ame: Vltw Ili. .s ,I _ T..w . t2 txV"MmvWMzols • OR: 2339 PG: 2258 MARBEL A AT PE1CAN BAY, INC., z a Florida corpora By: Pant N : f� dent —r Print s�— N e: G , N„ 1611 .� STATE OF FLORIDA COUNTY OF COUM R The foregoing Utility Easement was sworn and subscribed to (or aflnmed) before me by Jerry H. Schmoya. senior Vlct President of WQ Communities I Partnership, a Delaw= limited parmership, on behalf of the psrmership. He is personally lmowm to me. WITNESS my hand and official seal this 5 day of I Notary Public Laurel Y. Sitterly My Commission Expires: n" LAUREL 1-0 IDLY /!� yry COIOImDN I CC S1t1/7 STATE OF FLORIDA t�TO' „ ° ..n r,rft�or..rr COUNTY OF COL1�R The foregoing Utility Fasernem was sworn and subscribed to (or afruavd) befogs me by George R. Page. Presidem of Marbekla at Pelican Bay. Inc., on behalf of the corporation. He is personally known to me. I WITNESS my hand and official seal this day of L Notary -Public latad Y. Sittedy My Commission Expires: rt, LAUREL Y. %TTERLY I'4 A MTCWASS0MICCS7 W tj f7W'PES kern b. rM Zrt_!/ c.wr n.. rwn ner urwrUr I T * ** OR: 2339 PG: 2260 t:: ASCRIPTION OF PELICAN BAY SERVICES DIVISION DRAINAGE EASEMENT, A DRAINAGE EASEMENT OVER, UNDER AND ACROSS ALL THAT PART OF PARCEL "C" ACCORDING TO THE PLAT OF PELICAN BAY UNIT FIFTEEN, AS RECORDED IN PLAT BOOK 18, PAGES 5 THROUGH IJ, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEASTERLY CORNER OF SAID PARCEL "C" uF SAID PLAT; THENCE SOUTH 1032 "58" EAST ALONG THE EASTERLY LINE OF 541? PARCEL "C" A DISTANCE OF 319.55 FEET TO THE POINT OF BEGINNING :lr THE DRAINAGE EASEMENT HEREIN BEING DESCRIBED; THENCE CONTL4UE SOUTH 10'3258" EAST ALONG SAID EASTERLY LINE OF SAID PARCEL "C" A DISTANCE OF 53.74 FEET,• THENCE LEAVING SAID EASTERLY LINE OF SAID PARCEL "C" SOUTH 3427'02" WEST 130.67 FEET; THENCE SOUTH 8203'54" WEST 397.56 FEET TO AN INTERSECTION WTH AN EASTERLY LINE OF A PELICAN BAY IMPROVEMENT DISTRICT DRAINAGE EASEMENT AS RECORDED IN OFFICIAL RECORD BOOK 790, PAGES 1814 THROUGH 1815, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE NORTH 0035'01" WEST ALONG SAID EASTERLY LINE A DISTANCE OF 20.17 FEE T, THENCE LEAVING SAID EASTERLY LINE OF SAID LANDS NORTH 8203'54" EAST 361.79 FEET; THENCE NORTH 3427'02" EAST 176.28 FEET TO THE POINT OF BEGINNING OF THE DRAINAGE EASEMENT HEREIN DESCRIBED; CONTAINING 13, 425.54 SQUARE FEET OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 16J1 PREPARED BY: u 9Y. WA E D. NDU. R.S.M. NQ SM i SCALE: $. <' DRAWN BY: DATE: NOV 7. 1996 EXHIBIT "A " I OR: 2339 PG: 2259 16J1 I -SEE SHEET P ON OF PELICAN AY SERVICES D►VISION DRAINAGE EASEMENT.• SEE 2 OF Z. ,S1yFTGH OF PELICAN BAY SER^rcc n►v►SION DRAINAGE EASE NT N_OT A SU_RV�Y 1J � Ft }L1 T SCALE: _ 100' p.g 15. PGS R ) Y UNIT TEN EvgRp (12 =" PECAN gq BAY g�Ui- " p01NT G G T CA CEMENT gEGINNIN OMMEN rr INT OF CooAi+E� pA \sit p0 uI1R1N �"y tll� 319.55 \y \!� shy, S 1p'32,so E 5 10'32'58 E OF SLY C g }.7� W ti l� c^ Q I. LU L1. L 4 M zm �a u 4 NORINERLY UNE OF PARCEL 'C' 6 t r N U � CL co Q m o0 a 2 t1; a j P.B.I.D.D.E. O.R. 790, _@' PEUCAN BAY / , 1 SERVICES DIVISION 'DRAINAGE EASEMENT ii I. z� %^ APO a1 �. f PEUCA►+ BAY SERVICES ����IT `DRNNAGE 1 1 N p2017 l� i EASTERLY LINE OF PALD.D.E PGS. 1814 -1815 — O.R 1770- - PGS. 1288 -1?B9 HOT PLATTED :Q.R. 11ti6, PO. 16411 6EARINW ARE BASED ON THE NORTHERLY LINE OFrPAIICM UNIT FIFTEEN. BE= NORTH 79WW* EAST AS SHOWN ON iH£ PLAT OFR�� COLDER COUNTY FLORIDA. AS RECORDED IN FLAT BOOK 18. PAGES 5 THROVGII 13< PUBUC Y P.B.LO.D.E PELICAN BAY IMPROI0IEN DfSTRICT DRAB EASDIENT PREPARED 8 . mom ip Nou a T'��ftaMrl +ihwaCEi*yoR�, 1 M� _� pN}N.au br Cn•� �r � �� ti� 7� M +'► R �I /MIIAF'i.1. y `d. j �• .b� W7Y M•� W O M. w• IW� �� EXHIBIT °IA 4 BY: SCA DATE: NO_V� � DRAWN BY: PROJECT NO.: 715Q CHECKED BY: 1 OF 2 _ PROJECT: 65072 (VBR) PARCEL: 612 RICORDID in 0111CIAL RICORDS of COLLIER COUNTY, PL 08/25(95 at 11:29AX DNIGHT I. BROCI, CLIRI CONS 10500.00 RIC 111 19.50 Retn; REAL PROPIRTY 1IT 0991 INTIR OINCI SIDEWALKS LIGHTING, AND LANDSCAPE EASEMENT 11 THIS EASEMENT, made,'and entered into this I1—k day of c�..sk , 1921 by BAY INN, INC. , a Florida corporation, whose post- office address is 850 Park Shore Drive, #203, Naples, Florida 33940, as Grantor, to COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose post-office address is 3301 Tamiami Trail East, Naples, Florida 33962, as Grantee. (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors and assigns.) W I T N E S S E T H: Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a perpetual, non - exclusive easement, license, and privilege for sidewalk, lighting, landscape, and maintenance purposes, on the following described lands located in Collier County, Florida, to wit: See attached Exhibit "A" which is incorporated herein by reference. -+ Subject to easements, restrictions, and reservations of record. c3i rn 00 .�' TO HAVE AND TO HOLD the same unto the Grantee, together with the right to enter upon said land, excavate, and take materials for CL o the purpose of constructing and operating sidewalks, lighting, and CL. landscape facilities thereon. Grantor and Grantee are used for singular or plural, as the context requires. $ IN WITNESS WHEREOF, the Grantor has caused these presents to be 1~ executed the date and year first above written. w WITNESSES: Ba n, I c. �u BY. , . (Print N ) Title: P e ident/Vice Pres. Print Name arm i f �r-rj) r 1 Acknowledgment Page Follows Thls property has been acquired under threat of condemnation and is exerrlflt from eat OR: 2093 PG: 0330 Sidewalk, Lighting, and Landscape Easement Page 2 STATE OF l- tpX46a. COUNTY OF C t k .Cr- 16J1 The foregoing Sidewalk, Lighting, and Landscape Easement was ackW�-Qwledged b fore a this - -�5'r. day of pt.,.-� 5t , 19`1 by h',1, c�a i-C-, as rY e 1V c' PrC,; of Bay Inn, Inc., on behalf of t e corporatioH. He is personally known to me or who has produced V1 as identification. (Notarial Seal) Notary (P_tb c (Print Name (��� }A .. TRACY E ULRICH '�`� b" C:''r7P�ON /CC 289897 Serial No 1"7 My Commission Expires: -,Lac Undirwtero ;K ?Ti -, TRACY E ULRICH MY COMMISSION a CC 289997 aF EXPIRES: June 24, 1997 M`1 Rf. ^'� Bonded Thru Notery Pu08o UndenvAron Prepared hy: Heidi F. Ashton, Esquire Office of the Cr:unt; t,ttorney 3101 Last Tamiaoli irdil Naples, Florida 33962 (813) 774 -8400 .:J i L ZtiZ� 47Wh �Qo UK: 2093 PG: 0331 EXHIBIT "A" Page I of 2 PROJECT: N0. ,�072 PROJECT PARCEL N0: < / 2< TAX PARCEL NO. SECTION 33, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA LAND DESCRIPTION: SEE SHEET 2 OF 2 61l SKETCH OF LAND DESCRIPTION NOT A SURVEY N PAVILION SHOPPING CENTER D.B. 31, PG. 118 SCALE: 1' - 100' i$ �ANDER��L T eEA A T" (C R, C 8862 (l p p R p w ExrSnNC C OU R W, VN f ARCS P . s � EUCAN @A � T � S�Q0� ze `9 ?0 OSEO R. O. W, LINZ- 16 ! sob�rj'E° —�.`► _ 10' U.T.S. EASEMENT �0951*tp'� (P. B. 21, PG. 33) 5.00 E 15' COUNTY UTILITY 10' U.T.S. EASEMENT / EASEMENT O.R. 1181, PG. 1645 / O.R. 1895, PG. 1484 / 20' ACCESS EASEMENT 15, C U £ 11 FOR INGRESS AND EGRESS O.R. 1874, PG. 1104 1 LOT 1 J _3 Qo �c� Ln .0 ACCESS CA EA SEMEN T THE INN A T i TRACT "1 "— - PELICAN BAY NORTH BAY PLAZA (P.B. 21, PG. 33) i AT PELICAN BAY (P. B. 21, PGS, 81-62 BEARINGS ARE BASED ON THE SOUTHERLY RIGHT —OF —WAY LINE.OF VANDERBILT BEACH ROAD BEING S 80'08'20' E AS SHOWN ON THE PLAT OF PELICAN BAY, UNIT TEN, AS RECORDED IN PLAT BOOK 15, PAGES 64 -67 PUBLIC RECORDS, COWER COUN FLORIOA. P.O.B. @ POINT OF BEGINNING . PREPARED BY: P.O.C. - POINT OF COMMENCEMENT RI HT -OF -WAY NOLI BY: �. LR CHAR .S J. DUNBAR, P.L.S. NO. 4096 gill. SCALE: ies �seM pl DRAWN :yam_ DATE: SEPT. 20, 1994 Protrdoa�l ��ata«R, plana�rs, t Lnd •un��ors 1ws om.« rya t..r.� CHECKED BY,-- Caa_..__PRQJECT N0•.: 8459 ._ 4 ! Page 2 of 2 PROJECT: NU. +�- PROJECT PARCEL N0: TAX PARCEL NO. – SECTION 33, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA 16J1 ALL 'THAT PART OF LOT 1, THE INN AT PELICAN BAY ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 21, PAGE PUBLIC 33, DESCRIBED CCASLFOL COUNTY, FLORIDA, BEING MORE PATICULAR BEGINNING AT THE NORTHEASTERLY CORNER OF SAID LOT 1; THENCE NORTH 80'08'20" WEST ALONG THE NORTHERLY LINE OF SAID LOT 1, A DISTANCE •OF 419.20 FEET TO AN INTERSECTION WITH THE WESTERLY LINE OF SAID LOT 1; THENCE SOUTH 09'51'40" WEST ALONG SAID WESTERLY LINE A DISTANCE OF 5.00 FEET; THENCE LEAVING SAID WESTERLY LINE SOUTH 60'06'20" EAST 419.20 FEET TO AN INTERSECTION WITH EASTERLY LINE OF SAID LOT 1; DISTANCE OF 5.00• FEET " B TO EAST- ALONG SAID THE POINT OF EGINNINGYOFNTHE PARCEL HEREIN DESCRIBED; OR CONTAINING 2,096 FEET OF LAND SUBJECT TO EASEMENTSRAND RESTRICTIONS OFERECORD. LESS; BEARINGS ARE BASED ON THE SOUTHERLY RIGHT –OF –WAY UNE OF. VANDERBILT BEACH ROAD BEING S BOV8'20' E AS SHOW ON THE PLAT OF PELICAN BAY, UNIT TEN, AS RECORDED IN PUT BOOK 15, PAGES 64 -67 PUBLIC RECORDS, COWER COUNM FLORIDA. PREPARED BY: •• BY: LE NOU Di k SCALE: • DRASMN BY: iii UTiDAGE a� protwton�l �a�o+ • M "rn tit` 1141 fill CHECKED BY: 5 r.to �.w ttw h�l w o.+�a �iiif ttt"ru SHEET 2 OF 2 FILE NO:—Al 2`— DATE: SAP –""- -- 21 10 a PROJECT NO.: 6i52- ACAD N0: t )lI V4752 COLLIER COUNTY Project: 3.� �1 I! r, ,J A r. 7 r� 0 _r 1993 0' ' 9 PH 2: 1 U RECORDED Clam Pass Public Access 1679 GRANT OF EASEMENT 001056 PAGE THIS INDENTURE made and executed this 28th day of October 1 1993 by and between WESTINGHOUSE COMMUNITIES OF NAPLES, INC., a Florida corporation, whose address is 801 Laurel Oak Drive, Suite 500, Naples, Florida 33963 (hereinafter called "Grantor ") and COLLIER COUNTY, a political subdivision'of the State of Florida, whose address is 3301 East Tamiami Trail, Naples, Florida 33962 (hereinafter called "Grantee"). W I T N E 8 8 E T H: That for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, receipt of which is hereby acknowledged, the Grantor hereby grants to Grantee, a non - exclusive, perpetual easement for ingress and egress over and through the certain real property described on Exhibit "A" attached hereto (hereinafter called the "Property ") for the purpose of public access between Clam Pass Park and Outer Clam Bay. TO HAVE AND TO HOLD the easement hereby granted unto said Grantee, its successors and assigns. Grantee, by acceptance and use of this easement, agrees for itself, it successors and assigns, as follows: 1. Grantee shall not interfere with the rights of Grantor in and to the Property and adjacent lands. 2. To the extent permitted by law, Grantee shall defend, indemnify and hold Grantor harmless from any loss, damages, liability, obligations, costs, expenses and fees (including attorneys' fees as determined by a court and not a jury) resulting from any claims or causes of action by any individual or entity now or hereafter asserted against Grantor arising out of the use of the Property by any. member of the public. Provided, however, the foregoing obligations to defend, indemnify and hold harmless shall not apply to the claims or causes of actions of any individuals who are either invitees of Grantor or residents of Pelican Bay or Bay Colony, at the time such claims or causes of action arose. 3. Grantee shall pay for any and all costs associated with the construction of a boat ramp, including any environmental permitting costs, on the Property. 4. Grantee shall at all times, commencing with the date upon which Grantee begins utilizing the Property, carry general liability insurance and property damage insurance with a carrier or carriers reasonably acceptable to Grantor. The coverage limits of such insurance shall be in amounts which are, from time to time, customary and reasonable for the use of this easement. The policies for such insurance shall designate Grantor, its successors and assigns, as an additional insured and loss payee and shall contain a provision that the aforementioned coverage under such policies shall not be canceled or allowed to lapse without at least ten (10) days prior written notice to the Grantor, its successors and assigns. Upon Grantees' acceptance of this easement and after each renewal of the policies, Grantee shall promptly deliver to Grantor a Certificate of Insurance, which shall confirm the foregoing coverages and conditions. This easement shall run with the land and shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns, forever. This easement is non - exclusive, and Grantor reserves the right to convey other Received S -7)45 Docu.".entary Stamp Tax easements, rights .nd privileges to such ,-ner persons as Grantor may deem proper, that do not conflict with this Grant of Easement. IN WITNESS WHEREOF, I have hereunto set my hand and seal the. day and year first above written. n LX-J Witness (Signature) per•., Name: Virginia A. Tusler (Print or Type) Q. �C O O f,17 C) (0 -Q U:: Witness Siggnature) 1 Name: Laurel . Sitterly (Print or .Type) STATE OF FLORIDA COUNTY OF COLLIER WESTINGHOUSE COMMUNITIES OF L NAPLES, INC. o _ f j BY: - �J LOUIS H13F�GS' D Executi a Vi resident (Corporate Seal) The foregoing Grant of Easement was acknowledged before me this this 29th day of October , 1993 by Louis H. Hoegsted as Executive Vice President of Westinghouse Communities of Naples, Inc., a Florida corporation, on behalf of the corporation, and he is personally known to me or who has produced (type of identification) as identification. (Affix Notarial Seal) (Signature of Notary Pu ic) "^^^^, Carin A. Melby CARIy A t. "FLBY ? (Print Name of Notary Public) hllo;Stete of Finrlde; tay Comm. C: ^'12108198: NOTARY PUBLIC CommC Cczo. ••ts Serial /Commission • # : CC245135 iwwwvv,rowwrv�n�v,nti •"-I: My Commission Expires: 12/b/96 This instrument prepared by: Robert W. McClure 801 Laurel Oak Drive, Suite 500 Naples, FL 33963 - -2 -- riU tloctmw oo� by Ike 80C 7;1 PROJECT NO. PROJECT PARCEL NO TAX PARCEL NO. LEGAL DESCRIPTION: 16 A parcel of land in Section 9, Township 49 South, Range 25 East, Collier County, Florida, described as follows: Commencing at the southwesterlymost corner of Pelican Bay Unit One, as recorded in Plat Book 12, Pages 47 through 52, inclusive, of the Public Records of Collier County, Florida; thence along the north line of Seagate Unit One, as recorded in Plat Book 3, Page 85 of the Public Records of Collier County, Florida, south 89'30'59" west 242.23 feet to the POINT OF BEGINNING of the parcel herein described; thence continuing along said north line, South J 89.30159" West 121.61 feet; thence leaving said north line, North 00'29'01 "West 20.83�feet;thence South 84' East 86.37 feet;thence North 70' East 35.18 feet; thence North 81'56'13" East 90.43 feet; thence South 00'29'01" East 20.18 feet; thence South 81'56'13" West 87.77 feet; thence South 00'29'01" East 3'00 feet to the said north line of Seagate Unit One and the POINT OF BEGINNING. Containing 0.09 acres more or less, 1879 OU1058 SKETCH OF LEGAL DESCRIPTION NOT A SUROR BOOK PAGE fl N u e ? Sou South , East 90'43 0 ta" Ndreh 81'S� a, all 8G• Ease 86.77' �0• Norc j5'�8 r $ m $ r 0.09 acres more or less South 81'56'13' west ; L u • 87 .7 7' o y zo j South 89.30'59" west 121.61' south 89'30'59• uesc 242.23 w POINT OF BEGINNING oc Commencing at the I north line of SeeBato Unit One southwesterlynost corner •c of Pelican Bay Unit One o. O O s 0 N �OA tlro`gT ,'1`��li .. SCALE i+oT TO SCALE • DRAWN BY: RSG BY: �' DATE: : •- RICHARQ � ' 5IG. &' CHECKED BY: RSG PROFESSIONAL -t AN{�.SURVEYOR #2769 FILE NO.- TRANSPORTATION SERMCES DIVISION fl 16J1'i Questions for the Dept of Transportation (DOr representative. ;,?ai0 ' , Last pehruary the DOT representative m a report to ;he M57 BU .:otnmutee stated that the ieciinn of US41 from Guif Park to Vanderbi t Drive -maid he inished in eaniary of _001 is this stiil ;.-jur prediction^ if zot what :s your z. imc�td compietzcn fate ror thus �cction of the proiccv _) At that lime the we here told that the balance of the Wghwav to Wiggins pass road would be 5ntshed in November of 2001. Is this still your prediction? If rot what is .lour estimated cnmplction date for this section of the project? 3) We understand that :he entire highway mill be lighted. When wtil the Ggnting be completed? 4) We plan to have the rnedian section ofhighway Tom Gulf Park to Vanderbilt Dr :andscaoed. When will this work be able to begin? 4z'f -Will the DOT consider adding lighting to the highway ►'loth Gulf Park to Nne Zidgr!Seagate! 11' not, how do we proceed to get this section of the highway lighted? et After construction is complete, does DOT plan any noise studies to deternme if the decibel lcvcls nn the West : ide of the highway from Gulf Park to Vanderbilt Dr are within DoT limits:' 7) What will the speed irttits on the section of highway from Wiggins Pass road to Gulf Park be? 8) What linage will be installed? M, STBi: Committee __ - - I _. ---- . ......— . _._.,,,..._... ^ z a = c c o" , i o ci. L.- L..=,.A...._..__.._.. CI CT -4n T n T ❑.. _�_�. 0—] p a a- W CD c CD CD cD o ° CD CD a Qm r . rp r' C 0 .s '� CD p C CD CD CD C� C0D 0 CD 0 n 0 �. CD n rD rD rD 0 � Ay � � � o r• ,� or4 C0D (D v� CD o � cD o � o- �. � a o � • �. �° u 0 CD o • • • • • 1 161l l CD 0 0 o "' �. c a CD CD I . CD a CD W ZV M O CD oo CCD N W CCDD o 0 �. 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CCDD' 16J1 O i a� I I j 99 I' i A O �. f0l J W K K W N W: O U �',, v Ole N NI (T A W N; i O, t0 8 4 OI',. U it W', N .+i O; IF I [fill [fail a a 11 fill Z ....... ....... ....... .............. 16J1 _o m m ml+ m'.CC $',p m,. ml d mJ m CR d mJ m m m `s m m' M,',..1 m22 N m' m m m i a� I I j 99 I' i A O �. f0l J W K K W N W: O U �',, v Ole N NI (T A W N; i O, t0 8 4 OI',. U it W', N .+i O; IF I [fill [fail a a 11 fill Z ....... ....... ....... .............. 16J1 _o m m ml+ m'.CC $',p m,. ml d mJ m CR d mJ m m m `s m m' M,',..1 m22 N m' m m m N PELICAN BAY WE WARSI111Bq_ DDAIM OF MUM CMWY -1 M cmm m IE DATE: -_!101 TPAWWWATM M MVMM - WAMMEMN MMU7XMFWMW Ref SCALE f- 500' mum now n' r• WY" an A- PELICAN BAY SERVICES DIVISION CLAM BAY RESTORATION FUND DECEMBER 31, 2000 Page 1 16JI F.Y.'s 97 -99 F.Y. 2000 F.Y. 2001 Total Eip, Dec. 2000 Actual Budget Budget Budget To Date Balance Expenses EXPENDITURES Environmental Consult. Engineering Fees 50 $0 SZS,S7S $25,575 512,851 512,723 $10,850 Akemran, SenWfi% et. al. 5207,683 50 $0 $207,683 5207,683 $0 $0 Lewis Environmental Serv. $78,732 $0 50 578,732 $78,732 SO $0 Tackney & Associates $86,500 $0 $0 $86,500 $86,500 SO $0 Wilson, Miller, et. al. $67,675 $1,522 57,478 $76,675 $71,300 $5,375 $1,055 Dr. Samuel Snedeker $9,997 $0 50 $9,997 $9,997 $0 50 Hilbum Hilstad $10,550 $0 $29,700 $40,250 $10,550 529,700 50 Turrell $49,238 512,701 - $4,562 566,500 $61,939 54,561 $0 Other Expenditures 541,009 539,472 5154,800 $235,281 $87,874 5147,407 57,033 Sub -Total S551,384 S53,695 $222,114 5827,193 S627,426 S199,767 $18,938 Tidal Creeks 1,2 & 3 Engtnneer ft Construction Tackney $0 50 $0 50 $0 50 $0 Turrell 557,101 $1,899 SO 559,000 $59,000 $0 $0 Agnoli, Barber & Brundage 52,796 $0 50 52,796 52,796 $0 SO Engineering Design Tackney 50 SO $0 SO SO SO SO Turrell $26,790 50 50 $26,790 $26,790 50 50 AgnolL Barber & Bnundage $11,596 50 $0 $11,596 $11,596 SO $0 Capital Improvements 5134,830 $51,183 SO $186,013 5186,013 $0 $0 Sub -Total $233, 113 $53,082 $0 $286,195 S286,195 50 50 Clam Pan Main Channel Engineering Construction Tackney 50 50 $0 50 SO $0 $0 Turrell $74,291 $4,709 $0 579,000 $79,000 $0 $0 Agnolt, Barber & Brundage $5,900 $o $0 $5,900 $5,900 $o So Engineering Design Tackney $0 $0 SO 50 $o $0 $o Turrell $24,980 50 $0 $24,980 $24,980 $0 $0 Agnoli, Barber & Brundage 510,000 SO $0 $10,000 $10,000 $0 $0 Suedaker 50 50 $0 $0 $0 SO 50 Capital Improvements $251,530 $0 $0 _$251,530 $251,530 $0 $0 Sub -Total 5366,701 S4,709 So 5371,410 $371,410 So So Interior Tkid Creeks Engineering Construction WMB&P $0 510,990 50 510,990 $10,990 $0 $0 Turrell $1,503 51,497 $0 $3,000 $3,000 $0 50 Interior Tklal Creeks Engineering Design Lewis Enviroranentsl $17,450 $14,350 SO 531,800 $31,800 50 SO WMB&P 55,804 $6,816 $0 $12,620 $12,620 $0 $0 Enghmrtnng Consultants Lewis Environmental $27,409 $59,110 $27,750 $114,269 $104,361 $9,908 510,765 Capital Improvements 525,500 547,478 547,398 $120,376 572,978 547,398 $0 Sub -Total S77,666 S140,241 S75,148 $293,055 5235,749 $57,307 $10,765 Page 1 PELICAN BAY SERVICES DMSION CLAM BAY RESTORATION FUND DECEMBER 31, 2000 ACCOUNTSPAYABLE 16JI DATE INV. NO. AMOUNT THRU Hilburn Hilleatad 12129/97 35793 4i 29,700.00 F.Y.'s 97 -99 F.Y. 2000 F.Y. 2001 Total Exp. 8,690.15 Dec 2000 Lewis Emironmental Actual Budget Budget Budget To Date Balance Expenses Seagate Culverts S 10,886.45 12/31 /00 WilsonMiller 01116/01 38486 $ Engineering Construction 12/29/00 TOTAL INVOICES S 64,268.96 WMB &P SO $8,071 14, 58,285 58,071 $214 50 Enowerhrg Design WMB&P 59,108 53,277 SO $12,385 512,385 50 SO Capital Improvements SO 588,240 50 $88,240 S88,240 50 SO Serb -Total 591108 S99,5W S214 $108,910 S108,6% $214 SO Ecosystem Enhanoanents Fi viroumental Consultants SO S3 ,750 $2,000 $5,750 S3,750 52,000 SO Other Contractual Serv. SO 5o $10,000 $10,000 SO S10,000 SO Capital Improvements 50 $0 512,650 $12,650 S8,250 S4,400 $0 Sub -Totd SO 53,750 S24,650 528,400 $12,000 S16,400 SO FradMonmwater Analysis Engineering Fees SO $0 SO SO $0 $0 SO Enviro menW Consult. Fees $o $0 $1,000 $1,000 SO $1,000 $0 Turrell & Associates S26,455 556,045 SO SSZ500 582,500 SO SO Other Contractual Serv. SO SO $500 $500 $0 $500 50 Operating Supplies $0 So $5,000 $5,000 $0 $5,000 So Capital Improvements SO 50 $80,000 580,000 $14,490 565,510 514,490 Sub -Total $26,455 556,045 5861500 5169,000 $96,990 S72,010 S14,490 Capital Outlay Improvements Oeaaal $15,459 SO $2,000 517,459 516,409 S1,050 So Other Machinery & Equip. S4,727 513,986 $18,713 S18,713 SO SO Sub -Total 520,186 $13,986 $2,000 536,172 535,122 S1,050 $0 Other Fees & Charges Tax Collector $23,041 50 $0 $23,041 523,041 So $0 Property Appraiser $8,637 SO SO $8,637 58,637 $0 SO Revenue Reserve SO SO SO SO SO SO SO Sub -Total $31,678 $0 SO 531,678 S31,678 $0 SO TOTAL APPROPRIATIONS $1, 316,291 S425,096 5410,626 $2,152,013 51,805,266 5346,747 S44,193 Rolled Encumbrances which are hrclWed In Total Approp. 5157,326 ACCOUNTSPAYABLE Page 2 SERVICES DATE INV. NO. AMOUNT THRU Hilburn Hilleatad 12129/97 35793 S 29,700.00 12131/97 Agnoli, Barber & Brundage 12121/00 8485 $ 8,690.15 12/14/00 Lewis Emironmental 01 /03 /01 2003 $ 9,849.86 12131/00 Turrell & Associates 12/31/00 23 S 10,886.45 12/31 /00 WilsonMiller 01116/01 38486 $ 5,142.50 12/29/00 TOTAL INVOICES S 64,268.96 Page 2 COLLIER COUNTY PELICAN BAY SERVICES DIVISION STATEMENT OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALAN E t FOR THREE (3) MONTHS ENDING DECEMBER 31, 2000 6J1 GENERAL FUNDS Water Community Street nagement Beautification Lim Revenue $6,121 Tax Collector 55,394 Revenue Reserve Interest Income $4,875 $16,286 $4,967 $2,977 Plan Review Fee Income $0 $0 $0 $0 Interfund Transfers $0 $0 $0 $0 Miscellaneous Income SO $0 $0 $0 Assessment or Ad- Valorem Tax Levy $390,846 $1,013,002 $218,055 $159,988 Unappropriated Fund Balance SO $0 $0 $0 Total Revenue $395,721 $1,029,288 $223,022 $162,964 Other Fees & Charges Property Appraiser $6,121 Tax Collector 55,394 Revenue Reserve $0 Total Other Fees & Charges $11,515 NET REVENUE $384,206 Appropriations - Personal Services Budget Personal Services - Admin. $14,481 Personal Services - Field $26.914 Total Personal Services $41,395 Appropriations - Operations $0 Administration $0 Indirect Cost Reimbursements $57.350 Other Contractual Services $3.960 Telephone - Service Contracts $96 Telephone - Direct Line $501 Postage, Freight & Ups $379 Rent - Buildings S1.875 Rent - Equipment $164 Insurance - General $2.000 Office Equipment R &M $0 Data Processing - R &M $59 Printing or Binding - Outside Vendors $98 Clerks Recording Fees. Etc. $0 Legal Advertising $95 Office Supplies - General $157 Copying Charges $0 Minor Office Equipment SO Computer Software SO Other Training & Educational Exp. $0 Other Operating Supplies $0 Total Administration $66,733 $15,357 $3,968 $6,183 $19,695 $21627 $4,093 $0 $0 $0 $35,052 $6,595 $10,276 S12,011 $206.079 $8,843 $8,526 Prorated 535,334 $241.519 Total Rev /Ezp F.Y. 2001 Dec-00 Favorable Thru Dec. Budget Budget Unfavorable $29,105 $78,700 $19,675 S9.430 $0 $5,000 $0 SO $0 $0 $0 SO $0 $0 $0 SO $1,781,890 $2,331,800 $1,772,168 59.712 $0 $519.448 $0 S0 $1,810,995 I $2,934,948 $1,791,843 $19,152 $31,629 $47,400 $31,629 S0 $31,809 $71,200 $31,809 S0 $0 $0 $0 S0 S63,438 $118,600 $63,438 $0 S12,011 $206.079 $8,843 $8,526 n/a t': n/a ` _ 535,334 $241.519 $108,700 $893.900 $27.175 $223.475 (58.159) (S 18.0-1-3) $218,090 $17,369 $0 :: $276,853 $1,002,600 $250,650 ($26,203) $0 $4,500 n/a, $61,850 $123,700 $61,850 SO $4,650 $3,960 n/a S121570 $64.100 $16,025 $3.355 $96 $72 n/a I $264 $2.000 $500 5236 $501 $163 n/a,, $1,164 $7,000 $1.750 $586 $176 $107 n/a ; $661 $13.000 $3,250 $2.589 $1.932 $1.875 n/al.' ; $5.683 $23300 $5.825 51.32 $ 164 $164 n/a 5492 $3.900 $975 5483 $400 $0 n/a ,r' $2.400 $2.400 $600 (51.800) $0 $0 n/a $0 $200 $50 S50 $59 $59 n/a $177 $700 $175 (S2) $98 $0 n/a a ,, $195 $4.000 $1,000 $805 $0 $0 n/a $0 54.000 $1,000 $1.000 $95 $0 n/a z $190 $6.000 $1.500 $1.310 $207 $123 n/.. $487 $3.500 $875 $388 $0 $0 n/a $0 $1.400 $350 $350 $0 $0 n/a • $0 $600 $150 $150 $0 $0 n/a,. $0 $300 $75 S75 $0 $0 n/a, " $0 $400 $100 S 100 $0 $0 n/a <a. $0 $500 $125 S 125 $8,377 $11,022 $0 M $86,133 $261,000 $96,175 $10,042 Field Services Engineering & Consultants $576 $0 $0 n/a k $576 $11913 $2.978 $2.403 Berm & Swale Maintenance SO $0 $0 n/a $0 $5.000 $1.250 $1250 Water Quality Testing $0 $0 $0 n/a $0 $12.600 $3.150 53.150 Plan Review Services $0 $0 $0 n/a, _ $0 $5.000 $1250 S 1 250 Page 1 Page 2 COLLIER COUNTY PELICAN BAY SERVICES DIVISION STATEMENT OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE FOR THREE (3) MONTHS ENDING DECEMBER 31, 2000 16J �. ' GENERAL FUNDS Prorated Water Community Street Total Rev /Exp F.Y. 2001 Dec-00 Favorable Management Beautification Lights Security Thru Dec. Budget Budget Unfavorable Water Use Charges $0 $8,559 50 n/a ° " $8,559 $35,500 $8,875 5316 Replanting Program $0 $5,366 $0 n/a� $5,366 $40,375 $10.094 54.728 Other Contractual Services ($17,983) $30,047 $0 n/a $12.064 $162,060 540,515 S28.451 Motor Pool Rental $0 5106 $0 n/a a.- $106 5300 $75 (S31) Cellular Telephone $207 S124 $207 n/a ^: ' $538 $2.400 $600 S62 Postage, Freight & Ups $0 $0 $0 n/a ' ", $0 $300 S75 S 7 5 Electricity SO $263 $3,971 n/a $4,235 $261400 $6.600 S2.366 Trash & Dumpster Fees $1.378 $4,378 $0 n/a $5.756 $14.000 $3,500 (52.256) Rent Equipment $0 $1.495 50 n/a j $1.495 $10.600 $2,650 S1.155 Insurance General 54.600 $11.000 $0 n/a $15.600 $15.600 $1900 (S 11.700 ) Auto Insurance $1,600 $4.500 50 n/a '< $6.100 $6.100 $1.525 (54.575) Sprinkler System Maintenance $0 $5.197 50 n/a, " $5,197 $17.600 54,400 (5797) Maintenance - Landscaping $0 $7.666 $0 n/a 57.666 544.200 $11.050 53.384 Autos & Trucks R &M Outside Vendor $0 $0 $0 n/a " $0 $1.000 5250 $250 Fleet Maintenance - Labor $350 $766 $0 n/a $1.116 $7.200 $1.800 5684 Fleet Maintenance - Parts SO 5461 $0 n/a 5461 511.600 $2.900 52.439 Fleet Maint. Non 1SF SO SO $0 n/a' SO 52.200 $550 5550 Boat R &M SO $0 50 n/a SO SIM $25 S25 Other Equipment R &M $0 $0 50 n/a " $0 $1.800 5450 5450 Photo Processing $0 $0 $0 n/a ` " $0 5300 S75 S75 Licenses & Permits S53 5116 $0 n/a: 5169 $1.800 $450 $281 Uniform Rental 5182 5483 $0 n/a 5665 $9,200 $2.300 $1.635 Chemicals $8.890 $9.009 $0 n/a $17.899 $105.300 $26.325 58.426 Fuel & Lubricants - Outside 50 SO $0 n/a SO $600 S150 S150 Fuel & Lubricants - Inside $390 S1,265 $0 n/a .mil $1.654 $12.300 53.075 S 1.421 Minor Operating Equipment $652 $339 $0 n/a $991 $3.200 5800 ($191) Other Training & Educational $0 $0 $0 n/a _ j $0 $1200 $300 $300 Other Operating Supplies 5588 $6.835 5439 n/a $7.862 552.300 513.075 $5.213 Total Field Services $1,481 $97,975 $4,617 SO =1 $104,073 $620,048 5155,012 S50,939 Capital Outlay % Capital Expenditures $18.111 543219 $10 $0 A $61.340 5439.196 $109.799 548.459 Total Capital Outlay $18,111 $43,219 $10 SO F $61,340 5439,196 $109,799 548,459 01 Security 'S Personal Services $0 $0 $0 $0 $0 50 $0 SO Other Contractual Services $0 SO $0 $0 I 50 $310.400 $77.600 577.600 Total Security Operations $0 $0 $O $0 rq SO $310,400 $77,600 577,600 w TOTAL APPROPRLITIONS $127 720 $367,662 533,018 SO '�4 $528,400 $2,633,244 $689,236 $160,836 :t Net Income from Operations $256.486 $626.574 $183,409 i $152.689 y'' $1.219.157 $183.104 S 1.039.169 (S141.683) Fund Balance Ld 10/1/00 $413.915 $1.072.849 $332.631 $167.764 1 $1.987.159 $1.291.580 Fund Balance (a) December 31, 2000 $670,401 $1,699,423 $516,040 $320,453 t $3,206,316 $1,474,684 T.; Fund Balance Allocations Reserved for Operations $614.101 $1.535.323 $507.040 $318.453 52.974.916 $1243.284 Reserved for Capital Outlay $56.300 S164.100 $9.000 $2.000 5231.400 5231.400 Page 2 COLLIER COUNTY PELICAN BAY SERVICES DIVISION STATEMENT OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE FOR THREE (3) MONTHS ENDING DECEMBER 31, 2000 Net Income from Operations $43,025 CAPITAL PROJECTS FUNDS 16JI , $481,239 $990,706 $890,875 Fund Balance @ December 31, 2000 $524,263 $1,003,959 Prorated Fund Balance Allocations Clam Bay Uninsured Irr. & Land. Total Rev/Eap F.Y. 2001 Dec-00 Favorable Reserved for Capital Outlay System Assets Analysis Thru Dec. Budget Budget Unfavorable Revenue Developer Contributions - WCI $58,887 $0 $0 $58,887 $127,963.19 $58,887 $0 Interest Income $6,456 $13,252 $13,619 $33,328 $71,000.00 $17,750 $15,578 Interfund Transfers $41,200 $0 $75,000 $116,200 $454,800 $116,200 $0 Assessment or Ad- Valorem Tax Lew_ $0 $0 $296,961 $296,961 $385,600 $296,989 ($28) Unappropriated Fund Balance $0 $0 $0 $0 $1,106,752 $0 $0 Total Revenue $106,543 $13,252 $385,580 ' $505,376 $2,146,115 $489,826 $15,550 Other Fees & Charges Property Appraiser $0 $0 $4,542 $4,542 $7,700 $4,542 $0 Tax Collector $0 $0 $5,307 "c $5,307 $11,300 $5,307 $0 Revenue Reserve $0 $0 $0 $0 $36,500 $0 $0 Total Other Fees & Charges $0 $0 $9,849 $9,849 $55,500 $9,849 SO NET REVENUE11 $106,543 $13,252 $375,731 $495,527 $2,090,615 $479,977 $15,550 Appropriations: Engineering & Consultants $32,796 n/a $4,033 $36,828 $167,378 $41,845 $5,016 Other Services $7,033 n/a $23,909 $30,942 $1,101,188 $275,297 $244,356 Capital Outlay $23,690 $0 $0 $23,690 $822,048 $205,512 $181,822 TOTAL APPROPRIATIONS $63519 $0 $27.941 t $91.460 $2.090,615 $522,654 $431,194 Net Income from Operations $43,025 $13,252 $347,790 Fund Balance (a� 10 /1 /00 (Actual) $481,239 $990,706 $890,875 Fund Balance @ December 31, 2000 $524,263 $1,003,959 $1,238,665 Fund Balance Allocations Reserved for Operations $524,263 $0 $1,238,665 Reserved for Capital Outlay $0 $1,003,959 $0 $404,067 $0 $2,362,820 $1,758,200 $2,766,887 $1,758,200 $524,263 $0 $1,003,959 $1,758,200 Note: Fund Balance At 10 /1 /00 (Actual) includes Reserve for Encumbrances of $651,676 Page 3 ($42,677) ($415,644) Fiala Carter Henning CokWe 16J1 COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION February 12, 2001 PLANNING SERVICES DEPARTMENT 2800 NORTH HORSESHOE DRIVE NAPLES, FL 34104 Meeting Notice Rural Lands Area Assessment Oversight Committee The next meeting of the Rural Lands Assessment Area Oversight Committee is scheduled for February 26, 2001 at 6:30 p.m. The meeting will be held at the Corkscrew Middle School, 1165 Oil Well Road (C.R. 858), Naples, Florida. Enclosed please find an agenda for the meeting. If you have any questions regarding this matter, please contact me at the Collier County Planning Services Department (403- 2400). Sincerely, Linda Baud)) Planning Technician /lb Enclosure Vise. Corres: We: 3 � c� I+WO I (.a2- 113 d �Y PHONE (941) 403 -2400 FAX (941) 643 -6968 www.co.collier.fl.us Fiala Carter Henning 16J1 Mec'Kie *Draft COletta -° RURAL LANDS ASSESSMENT AREA OVERSIGHT COMMITTEE Q_ MEETING DATE: February 26, 2001 MEETING TIME: 6:30 p.m. LOCATION: Corkscrew Middle School Cafeteria 1165 Oil Well Road (C.R. 858) Naples, Florida I. CALL TO ORDER II. APPROVAL OF MINUTES A) January 22, 2001 III. APPROVAL OF AGENDA IV. OLD BUSINESS A) WilsonMiller Stage I: Final comments, questions, and approval V. NEW BUSINESS A) Overview of Immokalee Area Master Plan: David Weeks, AICP, Comprehensive Planning B) Review of Website VI. GENERAL PUBLIC COMMENT VII. FUTURE MEETING DATES VIII. ADJOURN *Draft Fiala 16JI Carter Henning Mac'Kle Colette COMMITTEE MINUTES January 22, 2001 MEMBERS PRESENT MEMBERS ABSENT Joe Boggs Floyd Crews Ron Hamel, Chairman Rodney Harvey James Howard Dawn Jantsch Andrew Mackie Grady Miars Ann Olesky David Santee Neno Spagna Sonya Tuten Stephen Bortone Fred Thomas(exc.) COUNTY STAFF PRESENT OTHERS PRESENT Linda Bedtelyon, Planning Services Tim Durham Bruce Johnson Commissioner Jim Coletta Bob Mulhere, AICP, Planning Director Tom Jones Margie Student, Assistant Co. Attorney Larry Keesey Bryan Paul David Weeks, AICP, Principal Planner Michael Simonik Amanda Stein Richard Woodruff CALL TO ORDER (Item I.) The meeting was held at Corkscrew Middle School, 1165 Oil Well Road (C.R. 858), Naples, Florida, with a quorum present. The meeting was called to order by Bob Mulhere at 6:30 p.m. Bob introduced chairman elect, Ron Hamel to the audience and Ron accepted the committee's nomination to act as chairman. APPROVAL OF MINUTES (Item II.) Rodney Harvey motions to approve the November 20, 2000 meeting minutes, James (Jim) Howard seconds, and the motion passes, 12:0. C-dte: __al --1 of APPROVAL OF AGENDA ltefal# /(a j / 0 '? Copies To: 16J? (Item III.) Chairman Ron Hamel asks for a motion to change the agenda item "C ", to "D" and discuss "Update on the NRPA Boundary court hearing" in its place. Ron also asks for an additional item to be added under "F ": "Role of Rural Lands Committee ". The remaining agenda items will be discussed in alphabetical order, following the change. Jim Howard makes a motion and Sonya Tuten seconds the motion; the committee passes the motion, 12:0. OLD BUSINESS (Item IV.A) Chairperson nomination acceptance: This agenda item was completed in the "Call to Order'. (Item IV.B) Committee vacancies: Bob Mulhere invites new member Joe Boggs to be recognized and informs committee that the remaining vacancy on the committee is being advertised by the Board of County Commissioners. Also at this time, Bob recognizes Commissioner Jim Coletta's attendance at this evening's meeting. Mr. Coletta comments that he is very interested in the committees' proceedings, but will refrain from interjecting, other than asking questions and being of assistance to the committee in whatever way he can. (Item IV.C) Update on NRPA (wetlands) Boundaries Legal standing: Ron Hamel asks for current information. Bob explains that the county was victorious in an administrative hearing challenging the county's interim amendments required by the Final Order, especially interim NRPA boundaries. Margie Student further comments that the DCA found the county's interim amendments in compliance and that additional challenges may occur. (Item IV.D) Discussion of County -wide Objectives and Policies for Wetlands, etc.: Bob states that the terminology "County- wide" is a misnomer and a more correct term would be "Urban Area "; Bob also suggests deferring any lengthy discussion to another meeting, as Bill Lorenz, Director of Natural Resources, is absent from this evening's meeting. He also reminds the committee that it is a "work in progress "; Natural Resources Department is working with the Environmental Advisory Committee and with representatives of property owners, and the Lands Committee can expect significant revisions within the next 30 -45 days. (Item IV.E) Discussion of WilsonMiller Presentation: Al Reynolds of WilsonMiller recaps the Stage 1 product (Data Collection) and submits memo(s) to committee members detailing Stage 2 scope of work, methodology and schedule. Stage 1 significant findings: Land Cover: Agricultural use comprises 48% of total area; Wetlands, 38 %; Land Use: Agricultural uses make up 58 %; grazing leases, 33 %, together comprising 91 % of total area. Public Lands: 13,000 acres; Conversion of (natural) lands to agricultural uses totaled 5,000 acres, not 35,000 acres as the former study indicated; 40,000 acres are in interim NRPA designation; 16J1 Areas of Critical Concern amount to 1/3 of the study area. Mr. Reynolds stresses to committee that this resulting data sets the foundation for the remainder of the study. (Pages 11 and 12 in a corrected form were distributed to the committee) Al continues to proceed into explanation of the Stage 2 portion of the study calling it "Land Use Alternatives "; he further states that this is the point were application is made to the models derived in Stage 1, including options and scenarios. Al Reynolds then proposes a schedule of events to begin with the committee's March 2001 meeting. He suggests WilsonMiller bring in agricultural experts to facilitate a workshop with the committee to demonstrate such things as, market(s), and how it relates to the study process; April 2001 meeting: to consist of a workshop of small groups May 2001 meeting: an Opportunities & Restraints Map will be presented June 2001, a draft of Stage 2 product will be available Mr. Reynolds also suggests that committee members acquaint themselves with the Immokalee Area Master Plan so they have an overview; Joe Boggs moves that the committee endorse and operate on the proposed schedule, with Floyd Crews second, the motion passes, 12:0; A motion to approve the Stage 2 methodology is entered by Nino Spagna, seconded by Ann Olesky, and opposed by Andrew Mackie, passes 11:1. (Item VI.F) Discussion of The Role of the Rural Lands Committee: suggested by Ron Hamel: Bob Mulhere invites the committee members to individually stand and introduce themselves; Bob explains that the Rural Assessments (Fringe and Lands) are a result of the Final Order from the Governor's Office; the Board of County Commissioners directed a bifurcated process and adopted two separate resolutions for the studies; the committees requirements are to "react" to the information brought to them by way of questions, comments, making recommendations, etc. Bob states that ultimately, the goal sought of the committees is the endorsement of the Comprehensive Plan Amendment(s), bringing the County into full compliance with regulatory and statutory demands of the State of Florida; beyond the minimum requirements, Bob explains that the objective is to develop the Growth Management Plan amendment(s) that do the "best job" at addressing the various concerns (environment, property rights, agriculture, etc.). NEW BUSINESS (Item V.) Discussion of Web -Site: Bob informs committee that the web -site for the Rural Assessment Areas is underway and should be ready for public use in 3 -4 weeks. Updates to follow. GENERAL PUBLIC COMMENT (Item VI.) Chairman Hamel calls for any public comment and Chris Straton of the League of Women Voters introduces herself and two other members in attendance. She 16J1 comments that she is following the progress of the Rural Assessment Committees (Lands and Fringe) as well as the Community Character & Design, Select Committee. FUTURE MEETING DATES (Item VII.) February 26, 2001 at Corkscrew Middle School, 6:30 p.m. ADJORNMENT (Item VIII.) The meeting was adjourned at 8:30 p.m. *A taped and hard copy of these minutes, when approved in final form, are available at the Clerk of Courts, Minutes and Records Office, Building F, Collier County Government Complex Fiala Carter Henning Mac'Kie Coleft EMERGENCY MEDICAL SERVICES ADVISORY COUNCIL (EMSAC) AGENDA February 28, 2001 2:00 P.M. Health building - 3 d floor 3301 East Tamiami Trail CALL TO ORDER APPROVAL OF MINUTES OLD BUSINESS NEW BUSINESS copic's TO: 16J1 Fiala Cartel / 16J Henning MColette EMERGENCY MEDICAL SERVICES ADVISORY COUNCIL ( EMSAC) MINUTES January 31, 2001 COUNCIL Bob Laird, Chairman — District 1 — At large - Present MEMBERS: Fay Bites, District 1 — Commission District — Absent Heather Rockcastle — District 1 — At Large — Present Tucky Ramsey — District 2 — Commission District — Present Vacant — District 3 — Commission District Dr. Michael Geraghty — District 4 — Commission District — Present Kathryn M. Godfrey — District 5 — Commission District — Present Gail Dolan — Naples Community Hospital — Absent Dr. Robert Zehr — Ceveland Hospital — Present Gary Young — Sheriffs Department — Present Sheldon Reed — City of Naples — Absent Stephanie Vick — Health Department — Present Bob Laird Chairman, called the regular monthly meeting of the Collier County EMSAC committee to order. Minutes of the December 31, 2000 meeting were approved. Chairman Laird introduced Dr. Zehr to the committee. OLD BUSINESS: The new medication Amiodarone has been received. All EMS Paramedic and Paramedic /firefighters have gone through their training, and the medication will go on the units and into service the first week of February. Governor Jeb Bush will be in Naples on February 12th along with former President and Barbara Bush for a literacy lecture. Representative Dudley Goodlette is working on the possibility of Governor Bush making the presentation of " 91 EMS DEPARTMENT IN THE NATION FOR 2000 The department is participating in the Collier County School program of "Career Shadowing ". This involves a student riding with a Command officer for the day. Gulf Coast High and Lely High recently had students who participated. Chief Flagg extended the invitation to the EMSAC committee members to ride with a Command Officer. At the Board of County Commissioners meeting on January 23, EMS Departmnt 1 �� dics, & Paramedic /Firefighters, were honored with the "Phoenix Award ". This awarc��' t.�C� Z7 O 11 :- a I � Tl 169 16J1 ' signifies that a patient, who died, is revived. North Naples Fire District personnel were offered the opportunity to be recognized but Chief Tobin declined. Also, at the Board of County Commissioners meeting, a proclamation was presented to the Immokalee Friendship House for being the 100`" AED site in Collier County. Several recent donations have been received for the AED program. The Cleveland Clinic recently donated an AED, an Estate has donated $5,000, and the Barron Collier Jr. Foundation donated $5,000. This makes a total received from Barron Collier Jr. Foundation of $20,000. NEW BUSINESS: Chairman Laird requested we have the next meeting at an EMS Station. Station 917 on Golden Gate Parkway and 13 Street is nearing completion. An open house will be held when the station is complete. The committee was briefed regarding the recent letters of correspondence from the North Naples Fire District. Partnerships: Correspondence from Jim Tobin, Fire Chief of the North Naples Fire District has advised that although the partnerships have been successful, they are discontinuing their participation as of February 19, 2001. Medical Direction: Correspondence from Chief Jim Tobin, North Naples Fire Department, to Dr. Tober, EMS Medical Director outlined his desire to develop a program for the fire districts to provide a higher level of service. Dr. Tober responded by letter to Chief Jim Tobin that a program had already been developed and was very successful. Leases: A letter received from the North Naples Fire District attorney advised that the rent for space which EMS is using on North Naples Fire District property would increase to $10.00 per square foot. This represents more than a 500% increase. The council was advised that the current leases provide for a rent increase every 5 years and this is not the 5"' year for any of the leases. Additionally, by lease agreement, the maximum increase provided for is 5 %. The North Naples Fire Chief, had indicated he would consider canceling the leases. If this occurs, 2 EMS stations would be evicted from their current locations. They could, if the Board of County Commissioners canceled the North Naples Fire District lease with the County for the Pelican Bay station, be immediately re- located to that location. Every effort will be made to seek the cooperation of the North Naples Fire District by upholding the current leases. Tuckey Ramsey made the motion "that we (the EMSAC Committee) develop a position paper to present to the County Commission." This was approved. Copies of correspondence provided to EMSAC members. FEBRUARY MEETING WILL BE HELD AT EMS HEADQUARTERS. MEETING ADJOURNED Agee 16J1 Fiala t/ Collier County Metropolitan Planning Organization Carter Friday, February 23, 2001 Henning Mac'Kie._ 1:00 P.M. Coletta Collier County Government Center Building "F ", 3rd Floor Board of County Commissioners Meeting Room Naples, Florida Notice: This meeting of the Collier County Metropolitan Planning Organization (MPO) is open to the public and citizen input is encouraged Any person wishing to speak on any scheduled item may do so upon recognition by the Chairman. Any person desiring to have an item placed on the agenda shall make a request in writing, with a description and summarization of the item, to the MPO Coordinator at least 14 days prior to the date of the next scheduled meeting of the MPO. Any person who decides to appeal a decision of this board will need a record of the proceedings pertaining thereto, and therefore may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 1. Addenda to the Agenda 2. Approval of Minutes of January 12 and January 26, 2001 3. Old Business None 4. New Business A. Amendment to the Transportation Improvement Program for FY 2001/02 to 2005/06 B. Amendment to the Unified Planning Work Program for 2000 -2001 C. Consideration of the Draft Unified Planning Work Program for 2001 -2002 Misc. Corres: 5. FDOT Remarks :5 j, L Date: _�� 6. Miscellaneous Announcements and Correspondence - item# FDOT Letter of Re- Submittal of Advance Notification Package Transmittal of State Infrastructure Bank Application Copies To: 7. Adjourn OFFICE OF THE FIRE CODE OFFICIAL Collier County Fire Control & Rescue Districts 2780 South Horseshoe Drive; Suite 3 Naples, Florida 34104 Fiala Carter Henning _ _ Mac'Kie Coletta - January 22, 2001 Via U.S. Regular Mail James Carter, Collier County Commissioner 3301 E. Tamiami Trail Naples, FL 34112 7rcl G ODE op �ry �ROUGN 16J1'i Re: Office of the Fire Code Official - December Plan Review Activity Reports Dear Honorable James Carter, Commissioner: Enclosed for your review, please find two reports for the Collier County Fire Code Official's Office; Summary of Plan Review Activity for December 2000 and the Average # of Days in Fire Plan Review. Please feel free to call me if you have any questions or comments. Yours in Fire Safety, Ed Riley Fire Code Official Encls. ER /Ir "ate. Z'1 c.rtn r ! LTl C 1 ED RILEY • OFFICE (941) 436 -3711 • FAX (941) 436 -3756 16J1 Office of the Fire Code Official Summary of Plan Review Activity for December 2000 # of Plans Reviewed by Fire 370 # of Plans Reviewed by Structural 374 # of SDP's Reviewed by Fire 59 Total # of Plans Reviewed 429 374 Average # of Plans Reviewed per day 23 20 # of ASAP Reviews per Ed Perico, 18 Johnnie Gebhardt and Jerry Ballard Examples include: Model 2 Mini Storages Tenant Improvement/Caf6 Install new wall /counter 5 screen cages per County Manager Remodel of Suite Temporary Construction Trailer County Library Mezzanine Addition Elevator Spray Booth (Fast Track) Several other Tenant Improvements # of Meetings Attended: Ed: 8 Bob: 14 Jackie: 1 Ochopee Inspections 12/04/00 9 am - 1 pm 4.0 hours 12/12/00 9 am - Noon 3.0 hours 12/15/00 9 am - Noon (2 person) 6.0 hours 12/19/00 8 am - Noon 4.0 hours 12/29/00 8 am - Noon 4.0 hours Total Man Hours 21.0 hours In addition to the above mentioned tasks, The Fire Code Official's Office fields numerous phone calls, walk -ins, field inspections and impromptu meetings. Office of the Fire Code Official 2780 S. Horseshoe Dr. Ste. 3 Naples, FL 34104 Y Office of the Fire Code Official Average # of Days in Fire Plan Review # of Days in Plan # of Plans Review Reviewed 0 ** 59 1 28 2 31 3 30 4 42 5 24 6 41 7 22 8 34 9 26 10 12 11 5 12 7 13 4 14 2 15 1 19 1 35 1 Total # of Plans 370 Total Days Average # of Days in Fire Review per plan: Total Plan Review Days 0 28 62 90 168 120 246 154 272 234 120 55 84 52 28 15 19 35 1782 Average # of days for plans reviewed within 10 days: * This figure was derived by taking the # of Days in Plan Review x the # of Plans Reviewed for the Total Plan Review Days, (see example below), then adding that column for the Total Days and dividing that figure by the Total # of plans. (1782 total days /370 total # of plans) 16J1 4.82 Days* 4.28 Days Example: 5 days in plan review x 24 plans for that day = 120 total plarl, review days. r * 0 days means same day plan review process - in that day, out that dey: Office of the Fire Code Official 2780 S. Horseshoe Dr. Ste. 3 Naples, FL 34104 t' I� 16L1 yLl SETTLEMENT AGREEMENT This Settlement Agreement ( "Agreement ") is entered into and made on this,?� day of �1�� -F*bFaai-f, 2001, by and between Collier County (the "County ") and Elmer E. Jeffers, Bruce C. Addison, and Emma Addison ( "Property Owners "), with respect to Circuit Court Case No. 96- 2319- CA- 01 -TB, originally filed in the Circuit Court of Collier County. WITNESSETH: WHEREAS, the County filed an action against the Property Owners in the Circuit Court of Collier County, Case No. 96- 2319- CA -01 -TB to foreclose a road paving special assessment lien imposed against the property owned by the Property Owners and more particularly described in Exhibit "B" to the Complaint; and WHEREAS, the special assessment was imposed pursuant to Resolution No. 83 -54 against real property within the Auto Ranch Road Paving Assessment District which property was specially benefited by the paving improvements to Auto Ranch Road; and . WHEREAS, the special assessment was imposed in 1983 and provided for the payment of said assessment in seven (7) annual installments at an annual interest rate of 8% until paid; and WHEREAS, the principal amount for the special assessment for each of the Property Owners was $4,167.23; and WHEREAS, the County and the Property Owners recognize the cost and risk involved in continued litigation of this matter; and 1 WHEREAS, the County and the Property Owners desire to compromise those claims set forth in the Complaint and all defenses filed in this lawsuit and to settle this lawsuit for all time; and 16L1 WHEREAS, the County and the Property Owners desire to reduce their settlement to writing and to be bound by the terms of this Agreement; and WHEREAS, the Property Owners have been represented by John W. Emerson, Esq. since the initiation of this lawsuit. NOW, THEREFORE, in consideration of the mutual covenants, promises and considerations set forth in this Agreement, the sufficiency of which is hereby acknowledged by the parties, and with the intent to be legally bound hereby, the County and the Property Owners mutually agree as follows: 1. The parties agree that the foregoing recitals are true and correct and said recitals are incorporated by reference into the terms of this Agreement. 2. Elmer E. Jeffers shall pay the sum of FIVE THOUSAND DOLLARS AND 00 /100 ($5,000.00) to the County within thirty (30) days of the execution of this Agreement by the Board of County Commissioners. 3. Bruce and Emma Addison shall pay the amount of FIVE THOUSAND TWO HUNDRED DOLLARS AND 00 /100 ($5,200.00) to the County within thirty (30) days of the execution of this Agreement by the Board of County Commissioners. 4. The County will file a Notice of Voluntary Dismissal With Prejudice as to each party upon receipt of payment from that party as set forth in Paragraphs 2 and 3 above. The parties agree that the failure of one of the Property Owners to pay shall not affect the County's dismissal of this suit as to any other parties who have paid in full. 5. The Property Owners represent and warrant to the County that they own the property more particularly described in Exhibit "B" to the Complaint as of the time of the execution of this Settlement Agreement. 16L1 6. This Agreement has been entered into freely and voluntarily by the Property Owners after having been apprised of all relevant information concerning this Agreement and the consequences thereof and after having received advice from their counsel, John W. Emerson. In executing this Agreement, the Property Owners do not rely on any inducements, promises, representations, other than those expressed in this Agreement. 7. The Property Owners expressly acknowledge and agree that the terms of this Agreement are subject to the approval of the Board of County Commissioners at a duly noticed public meeting of the Board and that the terms hereof shall not be binding on any party until formally accepted and approved by the Board of County Commissioners. 8. The Parties hereto agree that this Agreement supercedes and replaces all prior agreements and understanding and that it constitutes the entire agreement between the Property Owners and the County and that there exists no other agreements, oral or written, between them relating to any of the matters covered by this Agreement or any other matter whatsoever. 9. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original but all of which together shall constitute one and the same instrument. 10. In the event that any of the parties shall fail to make payment pursuant to the terms of this Agreement, said failure shall constitute a full and complete breach of this Agreement and the parties agree that upon said breach, the County may proceed with its foreclosure action against the breaching party. 11. This Agreement may be amended only by a written instrument specifically referring to this Agreement and executed with the same formalities as this Agreement. 3 12. This Agreement shall be governed by the laws of the State of Florida. 13. The Property Owners and the County agree that each of them shall bear their own attorney's fees and costs incurred in the preparation, prosecution or defense of this lawsuit. 6L1 IN WITNESS WHEREOF, the Property Owners and the County have executed this Agreement which consists of f: e ATTEST, 15WIGHT E BROCK, Clerk five pages, on the day and year first above written. r,w'est as to Chairman's signature only. WITNESSES: (1) Si ture Printed /Typed Name �)QD6 e-a , -?-/ 3 Printed /Typed Address BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: James Xotarter, Ph.D., Chairman w C .d �..i Elmer E. Jeffers, • _,�,� r /2-- (2Q Signature J�e50 Al Printed/Typed N e rA�I--)�- !lK Printed /Typed Address 4 WITNESSES: Signature 7 1) <, /, r 5 rq - Ld �= AJ Printed/Typed Name I (2) Printed /Typed Name L. - 1 11%. Printed/Typed Address WITNESSES: f signature P c�2� 5 'i - I l�0 �cl Printed/Typed Name M RM 16L 1 Bruce C. Addison, Property Owner g les, Fl- F y146 By: Emma Addison, Property wrier Printed/ p d Address (2) &/��L?1,4/A at re bA&A Rif- Printed/Typed Name 4�0 �A ave Printed/Typed Address Approved as to form and legal sufficiency: Ol Ellen T. Chadwell Assistant County Attorney h: Lit \EmDom\t)avenport \SettleAt.ree 5 COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: x Normal legal Advertisement (Display Adv., location, etc.) ❑ Other: l.' � •a�U�j N _., rs -� 17A Originating Dept/ Div: County Attorney's Office Person: David C. Weigel, County Attom Date: 03/07/01 Brief Description: Ordinance Amending Ordinance - ncc. Petitioner: (Name & Address): Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Hearing before x BCC BZA Other Requested Hearing date: (Based on advertisement appearing 10 days before hearing.) 03/27/01 Newspaper(s) to be used: (Complete only if important): x Naples Daily News ❑ Other ❑ Legally Required Proposed Text: (Include legal description & common location & Size: AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 2001- 03, THE COLLIER COUNTY COASTAL ADVISORY COMMITTEE; AMENDING SECTION THREE, APPOINTMENT AND COMPOSITION, TERMS OF OFFICE, ATTENDANCE AND FILLING OF VACANCIES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? x Yes ❑ No If Yes, what account should be charged for advertising costs: 408 - 210105- 649110 Revi ed by: David Weigel, County A o ey Division Head List Attachments: Ordinance Date Approved by: County Administrator Date DISTRIBUTION INSTRUCTIONS 17A A. For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before submitting to County Administrator. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: ❑ County Administrator agenda file: ❑ Requesting Division to Clerk's Office ❑ Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE O Date Received: a Date of Public hearing: Date Advertised: 3 -114 - O 1 ORDINANCE NO. 2001- 17A AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 2001 -03, THE COLLIER COUNTY COASTAL ADVISORY COMMITTEE; AMENDING SECTION THREE, APPOINTMENT AND COMPOSITION, TERMS OF OFFICE, ATTENDANCE AND FILLING OF VACANCIES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on February 13, 2001, Collier County adopted Ordinance No. 2001 -03 creating the Collier County Coastal Advisory Committee; and WHEREAS, the City of Naples has requested a revision to the language in Section Three, which has been approved by the Board of County Commissioners. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Amendment to Section Three of Collier County Ordinance No. 2001 -03. Section Three of Collier County Ordinance No. 2001 -03 is hereby amended to read as follows: SECTION THREE: Appointment and Composition; Terms of Office; Attendance And Filling Vacancies. The Committee shall be composed of nine (9) members whose representation shall consist of three (3) members from the unincorporated area of Collier County, three (3) members from the City of Naples and three (3) members from the City of Marco Island. Candidates for the Committee shall be sought in accordance with the provisions of Collier County Ordinance 86 -41, as amended, or by its successor ordinance, except that the appointments of members from the City off Naples and the City of Marco Island shall be appointed from a list containing one or more qualified applicants submitted by the respective governing bodies of those Cities. In- additienr the goveming bodies of the City of Naples and the City ef Mar-ee island May endorse and submit the names of individuals with fesumes for- considefation. Upon confirmation that said individuals meet the technical requirements and the general advisory board requirements specified below, the Board of County Commissioners shall appoint said individuals to this Committee. 1 Words Underlined are added; Words Stmek Thougli are deleted 17A The initial terms of office of the Committee shall be as follows: Three (3) members shall be for a term of two (2) years; Three (3) members shall be for a term of three (3) years; and Three (3) members shall be for a term of four (4) years. Thereafter, each appointment or reappointment shall be for a term of four (4) years. Terms shall be staggered between the City of Naples, the City of Marco Island and Collier County. Membership of this Committee shall be assembled based upon familiarity with coastal processes, inlet dynamics, coastal management programs, or demonstrated interest in such programs; relevant education and experience; leadership and involvement in community affairs; and willingness to attend meetings and to undertake and complete assignments. Members of the Committee shall be appointed by and serve at the pleasure of the Board of County Commissioners. However, prior to removing a City member, except for cause, the Board of County Commissioners shall notify the governing body of the affected City. Members shall meet the qualifications for membership and requirements as outlined in Section Five of Ordinance No. 86 -41, as amended, or by its successor ordinance. Appointment of members to the Committee shall be by resolution of the Board of County Commissioners, which resolution shall set forth the date of appointment and the term of office. Appointments to fill any vacancies on the Committee shall be for the remainder of the unexpired term of office. SECTION SEVEN: Conflict and Severability. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. 2 Words Underlined are added; Words Struck - 't1ieugh are deleted 17A SECTION EIGHT: Inclusion in the Code of Laws and Ordinances. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or relettered to accomplish such, and the word 'ordinance" may be changed to "section," "article," or any other appropriate word. SECTION NINE: Effective Date. This Ordinance shall become effective upon receipt of notice from the Secretary of State that this Ordinance has been filed with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this ATTEST: DWIGHT E. BROCK, Clerk Deputy Clerk Approved as to form and legal sufficiency: r amiro Manalich Chief Assistant County Attorney day of March, 2001. BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA. By: JAMES D. CARTER, Ph.D., Chairman 3 Words Underlined are added; Words Dtfuck — T1:eugh are deleted Teri Michaels From: Teri Michaels Sent: Monday, March 12, 2001 9:25 AM To: 'paperrell @napiesnews.com' Subject: Amend 2001 -03 17A C C Amend 2001- 03.doc Amend 2001 -03.doc 17A March 12, 2001 Ms. Pam Perrell Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Amending Ordinance No.2001 -03, the Collier County Coastal Advisory Committee Dear Pam: Please advertise the above referenced notice on Friday, March 16, 2001, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Teri Michaels, Deputy Clerk P.O. /Account # 408 - 210105- 649110 NOTICE OF INTENT TO CONSIDER ORDINANCE 17A Notice is hereby given that on TUESDAY, MARCH 27, 2001, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 2001 -03, THE COLLIER COUNTY COASTAL ADVISORY COMMITTEE; AMENDING SECTION THREE, APPOINTMENT AND COMPOSITION, TERMS OF OFFICE, ATTENDANCE AND FILLING OF VACANCIES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES D. CARTER, Ph.D., CHAIRMAN DWIGHT E. BROCK, CLERK By: /s /Teri Michaels, Deputy Clerk (SEAL) Teri Michaels From: System Administrator [postmaster @naplesnews.com] Sent: Monday, March 12, 2001 9:38 AM To: CarylM @clerk.colIier.fl.us Subject: Delivered: FW: Amend 2001 -03 0 FW: Amend 2001 -03 <<FW: Amend 2001 -03» Your message To: 'paperrell @naplesnews.com' Subject: FW: Amend 2001 -03 Sent: Mon, 12 Mar 2001 09:34:08 -0500 was delivered to the following recipient(s): Perrell, Pamela on Mon, 12 Mar 2001 09:38:25 -0500 17A Naples Daly i News Naples, FL 34102 Affidavit of Publication Naples Daily News BOARD OF COUNTY COMMISSIONERS MARGARET WATERS PO BOX 413016 NAPLES FL 34101 -3016 REFERENCE: 001230 4082101056491 58224653 2001 -03 NOTICE OF IN State of Florida County of Collier Before the undersigned authority, personally appeared 6. Lamb, who on oath says that she serves as the Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Colli ?r County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affianc further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further Rays that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publiction in the said newspaper. PUBLISHED ON: 03/16 AD SPACE: 110.000 INCH FILED ON: 03/16/01 17A 01 Signature of Affiant - -- ° — Sworn to and Subscribed before me this of ��� 20.0/ Personally Known by me 8jlPWWWVKVMjj0VWIjL SUSAN D. FLORA dtlyCommEV.IVIW04 Nlo. Cc 963546 r MAR l 2001 -03 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is herebyy_QIven that on TUESDAY, MARCH 27, 2001, In the Boardroom 3rd Floor, AdministrafSon Building, Collier County Govern- ment Center, 3301 East Tamlaml Trail Naples Florida, the hoard R County Commissioners will consider the enact- ment of a CouMv Ordi- nance. The meetFnp will commence at 9:00 A.M. The ttile of the proposed Ordinance is as follows: AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 2001 -03 THE COL- LIER COUNTY COAST- AL ADVISORY C O M M I T T E E' AMENDING SECTIOA THREE, APPOINT- MENT AND COMPOSI- TION, TERMS OF OFFICE, ATTEND- ANCE AND FILLING OF ID PRO- VIDING T ORSACN - SEVERABILITY; PRO- VIDING FOR INCLU- SION IN CODE OF LAWS AND ORDI- NANCES' AND PRO - VIDINd FOR AN EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for Inspec- flon. All interested parties are Invited to attend and be heard. NOTE: All persons wishing to speak on any r �e Co�- withth County prior to presentation itemt be addressed. Individual speakers will be limited to 5 minutes on any, andldiv dualetootsepookk on behalf of an organlzatlon or group Is encouraged If recognized by the hair - aa roupspokesperson in tioon may be allotted 10 min - utes to speak on an item. Persons wishing to have written or graphic materials Included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials in- tended to be considered by the Board shall be sub - mftted -to the - _opproopprrlate county staff a minlrnt+m of s en days prior to the public hearing. All materi- abefore the Board �ib�e- t omrocard Permanent part of Any person who decid- es to appeal p decision of the gird will need a re- cord of the proceedings pertaining thereto and therefore may need to ensure ttiat a verbatim record of the proceedings Is made which record In- cludes the testimony and evidence upon which the aal Is based B oo AeRD OF COUNTY COMMISSIONERS FFLORIDACOUNTY, JAMES D. CARTER, Ph.D. CHAIRMiAN DWI- E. BROCK, CLERK Cl Michaels, Deputy ( EALMar.16 No.1788949 l i o .1 ORDINANCE NO. 2001- 14 t AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 2001 -03, THE COLLIER COUNTY COASTAL ADVISORY COMMITTEE; AMENDING SECTION THREE, APPOINTMENT AND COMPOSITION, TERMS OF OFFICE, ATTENDANCE AND FILLING OF VACANCIES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on February 13, 2001, Collier County adopted Ordinance No. 2001 -03 creating the Collier County Coastal Advisory Committee; and WHEREAS, the City of Naples has requested a revision to the language in Section Three, which has been approved by the Board of County Commissioners. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Amendment to Section Three of Collier County Ordinance No. 2001 -03. Section Three of Collier County Ordinance No. 2001 -03 is hereby amended to read as follows: SECTION THREE: Appointment and Composition; Terms of Office; Attendance And Filling Vacancies. The Committee shall be composed of nine (9) members whose representation shall consist of three (3) members from the unincorporated area of Collier County, three (3) members from the City of Naples and three (3) members from the City of Marco Island. Candidates for the Committee shall be sought in accordance with the provisions of Collier County Ordinance 86 -41, as amended, or by its successor ordinance, except that the appointments of members from the City of f Naples and the City of Marco Island shall be appointed from a list containing one or more qualified applicants submitted by the respective governing bodies of those Cities. in addition, endorse and submit the nafnes of individuals with resufnes fer eensider Upon confirmation that said individuals meet the technical requirements and the general advisory board requirements specified below, the Board of County Commissioners shall appoint said individuals to this Committee. 1 Words Underlined are added; Words &mek Thoug13 are deleted 17A The initial terms of office of the Committee shall be as follows: Three (3) members shall be for a term of two (2) years; Three (3) members shall be for a term of three (3) years; and Three (3) members shall be for a term of four (4) years. Thereafter, each appointment or reappointment shall be for a term of four (4) years. Terms shall be staggered between the City of Naples, the City of Marco Island and Collier County. Membership of this Committee shall be assembled based upon familiarity with coastal processes, inlet dynamics, coastal management programs, or demonstrated interest in such programs; relevant education and experience; leadership and involvement in community affairs; and willingness to attend meetings and to undertake and complete assignments. Members of the Committee shall be appointed by and serve at the pleasure of the Board of County Commissioners. However, prior to removing, a City member, except for cause, the Board of County Commissioners shall notify the governing body of the affected Citk Members shall meet the qualifications for membership and requirements as outlined in Section Five of Ordinance No. 86 -41, as amended, or by its successor ordinance. Appointment of members to the Committee shall be by resolution of the Board of County Commissioners, which resolution shall set forth the date of appointment and the term of office. Appointments to fill any vacancies on the Committee shall be for the remainder of the unexpired term of office. SECTION SEVEN: Conflict and Severability. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. 2 Words Underlined are added; Words Stmek -'heePh are deleted SECTION EIGHT: Inclusion in the Code of Laws and Ordinances. ?4 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 relettered to accomplish such, and the word 'ordinance" may be changed to "section," "article," or any other appropriate word. SECTION NINE: Effective Date. This Ordinance shall become effective upon receipt of notice from the Secretary of State that this Ordinance has been filed with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this A,744 day of March, 2001. ATTEST: DWIGHT E. BROCK, Clerk By" Deputy Clerk Attest a$ to Chairma. -s Signature only. Approved as to form and legal sufficiency: amiro Manalich Chief Assistant County Attorney BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA. JAMES K 3 Words Underlined are added; Words Stmek - Thexgk are deleted 1 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 2001 -14 Which was adopted by the Board of County Commissioners on the 27th day of March, 2001, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 28th day of March, 2001. DWIGHT E. BROCK Clerk of Courts and Clerk ~'wk Ex- officio to Board of County Commissioners:;. By: Ellie Hoffman, M Deputy Clerk COLLIER COUNTY FLO W D A REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: 17B XXX Normal legal Advertisement ❑ Other. (Display Adv., location, etc.) Date: Originating Dept/ Div; Conun.Dev.Serv./Planning Person: -2000-19. Petition No. (If none, give brief description): PUD- 2000 -19. Sandpiper ' lage PUD Petitioner: (Name &Address): Mr. George L. Varnadoe, Esy.. 1'uung van Assenderp, Varnadoe &Anderson, P.A., 801Laurel Oak, Drive, Suite 300, Naples, FL 34108 C��/ s i�✓Ci S - d1o1 /V'��r3�tlOZ- Name & Address of any person(s) to be notified by Clerk's 011 icc: (1 f more space is needed, attach separate sheet) Hearing before BCC BZA Other Requested Hearing date: `3/27/01 _ Based on advertisement appearing 15 days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other ❑ Legally Required Proposed Text: (Include legal description & common location & Size: PUD- 2000 -19, George L. Varnadoe, Esq., of Young, van Assenderp, Varnadoe & Anderson, P.A., representing Antaramia,t Capital Partners, LLC, requesting a rezone from "C-4" to "PUD" Planned Unit Development to be known as fficeeuses�, land 1recreational t amenities, for property located d on dwelling south side of maximum of 45,00 corrunercial and general Tamiami Trail East (U. 4 ] ), in Section 11, Township 50 Soutli. rRange 25 East, Collier County, Florida, consisting of , 3 _ acre �.� Companion petition(s), if any V propos d hearing da Does Petition Fee include advertising cost? [9 'es ❑ No 11, Yes, what account should be charged for advertising costs: 113�}3�"by:,,, Approved by: eviewer = G �rISaie - -- County Manager Date Division Head List Attachments: DISTRIBti'{'{O INSTRUCTIONS A. For hearings before , Manager. BZ Note: tiIf legal document" isinvolved, be suredthat obtain n necessary legalrevi review, or request submitting to County for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: ❑ County Manager agenda file: to ❑Requesting Division ❑ Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONL Date of Public hearing: Date Advertised:.3 // o/ Date Received: �� ORDINANCE NO. 01- 178 AN ORDINANCE AMENDING ORDINANCE NUMBER 91 -102 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 0511 S; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "C -4" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS SANDPIPER VILLAGE PUD LOCATED ON THE SOUTH SIDE OF TAMIAMI TRAIL EAST (U.S.41) IN SECTION 11, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 13 ACRES AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, George L. Varnadoe of Young, van Assenderp, Varnadoe & Anderson, P. A., representing Antaramian Capital Partners, LLC, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: The zoning classification of the herein described real property located in Section 11, Township 50 South, Range 25 East, Collier County, Florida, is changed from "C -4" to "PUD" Planned Unit Development in accordance with the Sandpiper Village PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map numbered 0511 S, as described in Ordinance Number 91 -102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: This Ordinance shall become effective when the supporting amendment to the Future Land Use Element of the Collier County Growth Management Plan becomes legally effective pursuant to Subsection 163.3189(2)(a), Florida Statues. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of ATTEST: DWIGHT E. BROCK, CLERK Approved as to Form and Legal Sufficiency Marjorie M. Student Assistant County Attorney g/admin/PUD- 2000- 19 /RN /cw 2001. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA mm JAMES D. CARTER, PhD., CHAIRMAN • • a SANDPIPER VILLAGE 0 PLANNED UNIT DEVELOPMENT PREPARED BY: George L. Varnadoe, Esq. Young, van Assenderp, Varnadoe & Anderson, P.A. 801 Laurel Oak Drive, Suite 300 Naples, FL 34108 941 /597 -2814 Date Reviewed by CCPC Date Approved by BCC Ordinance Number 178 ; TABLE OF CONTENTS latement of Compliance 17B Section I Legal Description, Property Ownership and General Description Section II Project Development Section III Residential District Section IV Mixed Use District Section V General Development Commitments LIST OF EXHIBIT Exhibit "A" 0 2 t PUD Conceptual Master Plan i STATEMENT OF COMPLIANCE 170 e e purpose of this Section is to express the intent of Antaramian Capital Partners, LLC, inafter referred to as the "Developer ", to create a Planned Unit Development ( "PUD ") on fifteen (15) acres of land located in Section 11, Township 50 South, Range 25 East in Collier County, Florida. The name of this Planned Unit Development shall be Sandpiper Village. Development of Sandpiper Village will be in general compliance with the planning goals and objectives and policies of Collier County as set forth in the Growth Management Plan. The development will be consistent with the Growth Management Plan, Future Land Use Element and the applicable land development regulations for the following reasons: 1. Sandpiper Village is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. 2. The development of Sandpiper Village will result in an efficient and economical extension of community facilities and services as required in Policies 3. LH and L of the Future Land Use Element. 3. Sandpiper Village is designed as a functionally interrelated community and is planned • to encourage innovation as set forth in the Collier County Land Development Code Planned Unit Development District Section. 4. Sandpiper Village represents an infill community within the Urban District, thereby discouraging urban sprawl as required by Policy 5.3 of the Future Land Use Element. 5. Sandpiper Village furthers the objectives of Policy 5.5 ofthe Future Land Use Element by using existing lands zoned for urban intensity uses, as opposed to permitting development of other areas. 6. The Sandpiper Village project furthers and implements the goals and objectives of the Bayshore /Gateway Triangle Redevelopment Overlay District as follows: a. The project will constitute a redevelopment of an aged commercial center and a revitalization of part of the Bayshore /Gateway Triangle District. b. The project will provide a mixed use project, incorporating both residential and commercial uses in an urban environment. 11 C. The mixed use project is designed to be pedestrian and bicycle friendly, and to provide opportunity for residents of the project and the surrounding residential area to access the commercial uses without traveling onto major roadways. d. The mixed use project will provide access to existing neighborhoods and ease of access to adjoining neighborhood commercial projects. SHORT TITLE 17B l .� This ordinance shall be known and sited as the "Sandpiper Village Planned Unit Development Ordinance ". z iii SECTION ONE 7B F- 4EGAL DESCRIPTION, PROPERTY OWNERSHIP AND GENERAL DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location, legal description and ownership of the property, and to describe the existing conditions of the property proposed to be developed. 1.2 LEGAL DESCRIPTION Sandpiper Village, being approximately fifteen (15) acres, thirteen (13) acres of which are located within the jurisdiction of Collier County and two (2) acres of which are located within the jurisdiction of the City of Naples, is legally described as follows: ALL OF LOTS 107 & 108, GOLDEN SHORES SUBDIVISION, ACCORDING TO PLAT IN PLAT BOOK 3, PAGE 25, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. F."I 01 THE WEST '/2 OF THE NORTHWEST '/4 OF THE NORTHWEST '/4 OF SECTION 11, WNSHIP 50 SOUTH, RANGE 25 EAST, LYING SOUTH OF STATE ROAD NO. 90 AMIAMI TRAIL), EXCEPT THE SOUTH 264 FEET. ALL THAT PART OF THE SOUTH 264 FEET OF THE SOUTHWEST '/4 OF THE NORTHWEST' /4 OF THE NORTHWEST' /4 OF SECTION 11, TOWNSHIP 50 SOUTH, RANGE 25 EAST, IN COLLIER COUNTY, FLORIDA, LYING NORTH OF THE NORTH LINE OF WALKER'S SUBDIVISION AS DELINEATED ON A PLAT OF RECORD IN PLAT BOOK 1 AT PAGE 36, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LOTS 1 -8 INCLUSIVE COL - LEE -CO TERRACE, ACCORDING TO PLAT BOOK 1, PAGE 32, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. * *LESS ** THOSE PARCELS DESCRIBED O.R. BOOK 1969, PAGE 977 AND O.R. BOOK 2119, PAGE (0344 OF THE PUBLIC RECORDS OF COLLIER COUNTY. 1 -1 TOTAL ACREAGE = 14.99 ACRES. 176 4i 3 PROPERTY OWNERSHIP The subject property is currently under the equitable ownership or control of Antaramian Capital Partners, LLC, whose address is 365 Fifth Avenue South, Suite 201, Naples, Florida 34102. 1.4 GENERAL DESCRIPTION OF LOCATION OF PROPERTY A. The property is located on Tamiami Trail East (U.S. 41), and is bordered on the north by U.S. 41, on the west by Sandpiper Street, on the east by Fredrick Street, and on the south by residential development. B. The zoning classification of the subject property as of this submittal is C -4 (Collier County) and R3 -12 (City of Naples). C. The property constituting the project has been previously cleared of native vegetation, although vegetation has volunteered along the drainage ditch on the south side, and is currently partially developed with a commercial center. 1.5 APPLICABILITY 4Rlthough the PUD Conceptual Master Plan shows the proposed uses for the entire Sandpiper Village project, this Ordinance will only be applicable to and control uses on that part of the project within the jurisdiction of Collier County, Florida. L� 1 -2 SECTION TWO 0 PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE 176 The purpose of this Section is to generally describe the plan of development for Sandpiper Village PUD to identify relationships to applicable County ordinances, policies, and procedures. 2.2 GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. Sandpiper Village will include a variety of housing choices, together with convenience and service type commercial activities, general offices, and recreational amenities in a traditional urban design setting. B. A graphic illustration of the PUD Conceptual Master Plan is attached hereto as Exhibit "A ". A land use summary indicating approximate land use acreages is shown on the Plan. The location, size, and configuration of individual tracts shall be determined at the time of Preliminary Subdivision Plat approval in accordance with Article 3, Division 3.2, Section 3.2.7, of the Collier County Land Development Code. C. The project is designed to be pedestrian friendly with retail and office uses being convenient to the residential uses, while still allowing the ability to attract outside traffic for sustainability of commercial uses. D. The project is designed to make an efficient use of the land resources and full use of urban services. 2.3. COMPLIANCE WITH COUNTY ORDINANCES A. Regulations for development of Sandpiper Village shall be in accordance with the contents of this PUD ordinance and applicable sections of the Collier County Land Development Code (to the extent'they are not inconsistent with this PUD ordinance), which are in effect at the time of issuance of any development _order, to which said regulations relate which authorize the construction of improvements, such as, but not limited to, final subdivision plat, final site development plan, excavation permit, and preliminary work authorization. B. Unless otherwise defined herein, or as necessarily implied by context, definition of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the time of Development Order application. 2 -1 C. Development permitted by the approval of this PUD will be subject to concurrency review under the Adequate Public Facilities Ordinance Article 3, Division 3.15, of the Collier County Land Development Code. 17B D. Unless modified, waived or excepted by this PUD or by subsequent request, the provisions of other applicable sections of the Land Development Code remain in effect with respect to the development of the land which comprises this PUD. E. All conditions imposed herein or as represented on the PUD Conceptual Master Plan are part of the regulations which govern the manner in which the land may be developed. F. The Subdivisions Division of the Collier County Land Development Code (Article 3, Division 3.2) shall apply to Sandpiper Village PUD, except where an exemption is set forth herein or otherwise granted pursuant to Land Development Code Section 3.2.4. G. The Site Development Plans Division of the Collier County Land Development Code (Article 3, Division 3.3) shall apply to Sandpiper Village PUD, except where an exemption is set forth herein or otherwise granted pursuant to Land Development Code Section 3.3.4. • H. Multi -modal streets will be the norm within Sandpiper Village. In order to further the traditional urban design, careful street sizing will be utilized, and the Developer reserves the right to request substitutions to Code design standards in accordance with Article 3, Division 3.2, Section 3.2.7.2 of the Collier County Land Development Code. I. Parking shall be allowed on all streets within Sandpiper Village. Some streets designed for parking on both sides, and some may allow parking on only one side of the street. 2.4 LAKE SETBACK AND EXCAVATION The lake setback requirements described in Article 3, Division 3.5, Section 3.5.7.1 of the Collier County Land Development Code may be reduced with the administrative approval of the Collier County Development Services Director. All lakes greater than one (1) acre.may be excavated to the maximum commercial excavation depths set forth in Section 3.5.7.3.1., however removal of fill from Sandpiper Village PUD shall be limited to an amount up to 10 percent per lake (to a maximum of 20,000 cubic yards) of the total volume excavated unless a commercial excavation permit is received. • 2 -2 2.5 USE OF RIGHTS -OF -WAY 17B Utilization of lands within all project rights -of -way for landscaping, decorative entrance ways, and Wage may be allowed subject to review and administrative approval by the Developer and the Collier County Development Services Director for engineering and safety considerations during the development review process and prior to any installations.. 2.6 MODEL HOMES /SALES CENTERS Model homes, sales centers and other uses and structures related to the promotion and sale of real estate such as, but not limited to, pavilions, viewing platforms, gazebos, parking areas, tents, and signs, shall be permitted principal uses throughout Sandpiper Village Park project subject to the requirements of Article 2, Division 2.6, Section 2.6.33.4 and Article 3, Division 3.2, Section 3.2.6.3.6, of the Collier County Land Development Code. 2.7 CHANGES AND AMENDMENTS TO PUD DOCUMENT OR PUD CONCEPTUAL MASTER PLAN Changes and amendments may be made to this PUD Ordinance or PUD Conceptual Master Plan as provided in Article 2, Division 2.7, Section 2.7.3.5 of the Collier County Land Development Code. Minor changes and refinements as described in Section Five of this PUD document may made in connection with any type of development or permit application required by the Collier ounty Land Development Code. 2.8 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted as a principal use throughout Sandpiper Village PUD. The following standards shall apply: A. Landscape berms shall have the following maximum side slopes: 1. Grassed berms 3:1 2. Ground covered berms 2:1 3. Rip -Rap berms 1:1 4. Structural walled berms - vertical B. Fence or wall maximum height: six feet (6), as measured from the finished grade of the ground at the base of the fence or wall. For the purpose of this provision, finished grade shall be considered to be no greater than eighteen inches (18 ") above the highest crown elevation of the nearest existing road unless the fence or wall is constructed on a perimeter landscape berm. In these cases the wall shall not exceed 2 -3 six feet (6) in height from the top of berm elevation for berm elevation with an average side slope of 4:1 or less, and shall not exceed four feet (4') in height from the top of berm elevation for berms with an average side slope of greater than 4:1 (i.e. • 3:1). 17B C. Landscape buffers, berms, fences and walls may be constructed along the perimeter of the Sandpiper Village PUD boundary prior to preliminary subdivision plat and site development plan submittal, subj ect to approval of County Staff. All such areas must be included in a landscape easement on final plats, or in a separate recorded temporary easement, prior to final platting. D. Pedestrian sidewalks and/or bike paths, water management systems and drainage may be allowed in landscape buffers. E. Prior to construction of residential units along the southern boundary; Developer shall construct a six foot (6') high wall, with Type B landscaping across the southern boundary of the project, utilizing existing native vegetation where practicable. 2.9 DESIGN GUIDELINES AND STANDARDS The Collier County Planned Unit Development District is intended to encourage ingenuity, novation and imagination in the planning, design and redevelopment of tracts of land under nified ownership or control, as set forth in the Collier County Land Development Code, Article 2, Division 2.2, Section 2.2.20.1. Sandpiper Village is planned as a urban mixed use project containing low to medium density residential, convenience and service retail, office, and associated recreational facilities in an interrelated community under unified control. The project is designed to be pedestrian friendly with retail opportunities convenient to residences within the project and adjoining neighborhoods; although the commercial will be located such as to attract outside traffic for sustainability. The project is designed to make efficient use of land resources, full use of urban services, with detailed human scale design. Sandpiper Village is planned as a functionally related, urban style, mixed use project under unified control. As such, the elements of the development, including architecture, signage, landscaping, and lighting shall be coordinated and contain a unified theme. The Developer may also establish supplemental design guidelines and standards by means of recorded covenants, conditions, and restrictions, the existence of which shall be noted on the final 16bdivision plat or final site development plan. 2 -4 The commercial and mixed use aspects of the project are incorporated into buildings surrounding the "town square ". Parking for these uses shall be on the streets serving the town square, to the Idar of said buildings, and in the parking structure on Fredrick Street. Surface parking between ildings and U.S. 41, or in areas adjacent to U.S. 41, shall be limited to those instances of parking integrated into project streetscapes, and parking for recreational facilities. 2.10 GENERAL PERMITTED USES 17B Certain uses shall be considered general permitted uses throughout the Sandpiper Village PUD. General permitted uses are those uses which generally serve the Developer and residents of Sandpiper Village PUD and are typically part of the common infrastructure or are considered community facilities. A. General Permitted Uses: 1. Essential services as set forth under Collier County Land Development Code, Section 2.6.9.1. 2. Water management facilities and related structures. 3. Lakes including lakes with bulkheads or other architectural or structural bank treatments. 4. Community and neighborhood parks, recreational facilities, community centers. 5. Temporary construction, sales, and administrative offices for the Developer and Developer's authorized contractors and consultants, including necessary access ways, parking areas and related uses. 6. Landscape features including, but not limited to, landscape buffers, berms, fences and walls subject to the standards set forth in Section 2.8 of this PUD. 7. Any other use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible. B. Development Standards: Unless otherwise set forth in this document, the following development standards shall Is apply to structures: 2 -5 1. Setback from'back of curb or edge of pavement of any road - ten feet (10') except for gatehouses, access control structures, and entrance features which shall have no required setback. 176 2. Setback from external property boundaries - one half (%2) the height of the structure. 3. Minimum distance between structures which are part of an architecturally unified grouping - five feet (5'). 4. Minimum distance between unrelated structures - ten feet (10'). 5. Maximum height of structures - forty feet (40'). 6. Minimum floor area - None required. 7. Minimum lot or parcel area - None required. 8. Sidewalks, bikepaths, and cart paths may occur within County required buffers; however the width of the required buffer shall be increased proportionately to the width of the paved surface of the sidewalk, bikepath, or cartpath. 9. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within adopted Sandpiper Village PUD design guidelines and standards, are to be in accordance with Collier County Land Development Code in effect at the time of Site Development Plan Approval. 2.11 OPEN SPACE REQUIREMENTS A minimum of thirty percent (30 %) of the project's gross area shall be devoted to open space pursuant to Article 2, Division 2.6, and Section 2.6.32 of the Collier County Land Development Code. The total project is approximately fifteen (15) acres requiring a minimum of 4.5 acres to be retained as open space throughout the Sandpiper Village project. The thirty percent (30 %) open space requirement shall not apply to individual development parcels or tracts or lots. 2.12 NATIVE VEGETATION RETENTION REQUIREMENTS VAlthough the subject site has been previously cleared, some native vegetation exists along the 2 -6 drainage ditch on the south side of the property and as landscaping on the west side of the property. A portion of this vegetation shall be retained on site as required by Section 3.9.5.5 of e Collier County Land Development Code. Mitigation pursuant to this Section will be allowed 2.13 SIGNAGE 17B A. General - Except as specifically provided herein, signage shall be in accordance with the Collier County Land Development Code. B. Entry Signs 1. Major entry signs shall be allowed on both sides of the major entry on U.S. 41. Each sign shall not exceed 160 square feet in size on any side, and shall not exceed ten feet (10') in height, although entry signs may be part of architectural features common to the project that exceed ten feet (10') in height. 2. Minor entry signs are allowed on either side of each entrance road to Sandpiper Village. Such minor entry signs shall not exceed one - hundred (100) square feet in size on any side, and no entry sign shall exceed six feet (6') in height. Minor entry signs may be part of a larger architectural feature or monument iinto each entry into the project. C. Internal Signs 1. Directional identification signs are allowed within the project. Such signs may be used to identify the location or direction of approved uses, such as: commercial buildings, recreational facilities, sales centers, information centers, etc. Individual signs may be a maximum of four (4) square feet per side in size, or signs maintaining common architectural theme may be combined to form a menu board with a maximum size of twenty -four (24) square feet, and a maximum height of eight feet (8'). 2. A single external sign band may be applied to the side of each building containing any commercial or office activities, providing that it shall not exceed two feet (2') in vertical dimension by any length. The sign band may contain multiple individual signs, but all must refer to a tenant of the building. Signs shall consist of letters applied directly on the facade of the building. A maximum of two sign bands may be placed on the facade of each building. 0 3. Additional pedestrian signs or shingles may be attached to a building 2 -7 perpendicular to the facade, extending up to four feet (4') from the facade, or may be placed underneath an awning structure and attached to the awning • structure. These signs shall not exceed 18" x 4'. There may be one individual pedestrian sign for each business located on the first floor. 17B 4. In addition, the vertical drip of an awning may be stenciled with letters no more than eight inches (8 ") in vertical dimension by any length. This provision will only apply to structures containing commercial or recreational uses. 5. A perpendicular sign identifying primary entrance shall not exceed one foot (P) in vertical dimension, nor two feet (2') in horizontal dimension. 6. For any multi -story commercial or mixed use building, an entry plaque may be located on both sides of the first level entries. These entry plaques shall be no more than four (4) square feet, shall be attached to the building, and may contain the name of the building or tenant(s) occupying any upper floor space. D. Project identification signs 1. Two project identification sign may be located in proximity to the project's • boundaries on U.S. 41. Said project identification signs may contain architectural features, which will not be assessed as part of the sign of said proj ect. I* 2. A project identification sign may be two - sided, and shall not exceed 120 square feet on any side of each sign. 3. There shall be no setback requirements for such signs, as the purpose thereof is to direct traffic from multi -lane U.S. 41, and to identify the project to traffic traveling on U.S. 41. 2 -8 SECTION THREE RESIDENTIAL DISTRICT 0 178 �., .. 3.1 PURPOSE 1' The purpose of this Section is to identify permitted uses and development standards for areas within Sandpiper Village designated in the Conceptual Master Plan as "R ". 3.2 MAXIMUM DWELLING UNITS A maximum number of 180 residential dwelling units may be constructed in Sandpiper Village, including the portion of the project within the City. The number of units within the County shall be limited to 156 units. 3.3 GENERAL DESCRIPTION A. Areas designated as "R" on the Conceptual Master Plan are designed to accommodate a variety of low to medium density residential dwelling types: compatible non- residential uses, recreational facilities, essential services, and customary accessory uses. • B. The approximate acreage of the "R" District is designated on the Conceptual Master Plan. This acreage is based on conceptual designs and it is approximate. Actual acreages of all development tracts will be provided at the time a Site Development Plan, or a Preliminary Subdivision Plat approvals in accordance with Article 3, Division 3.3 and Division 3.2, respectively of the Collier County Land Development Code. Residential tracts are designed to accommodate internal roadways, alleys, open spaces, parks and amenity areas, recreational facilities, lakes and water management facilities, and other similar uses found in residential areas. 3.4 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used; or land used, in whole or part, for other than the following: A. Principal Uses: 1. Single Family Detached Dwellings. is 2. Single Family Patio and Zero Lot Line Dwellings. 3 -1 3. Two - family and Duplex Dwellings. 4. Single Family Attached and Townhouse Dwellings. 5. Multi- Family Dwellings including Garden Apartments. 6. Any other principal use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the "R" District. B. Accessory Uses and Structures: I. Accessory uses and structures customarily associated with principal uses permitted in this district. 2. Any other accessory use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the "R" District. 3.5 DEVELOPMENT STANDARDS • A. Table I sets forth the development standards for land uses within the "R" Residential District. • 3 -2 TABLE I Sandpiper Village DEVELOPMENT STANDARDS FOR 17B • "R" RESIDENTIAL AREAS PERMITTED USES AND STANDARDS SINGLE FAMILY DETACHED PATIO & ZERO LOT LINE TWO FAMILY & DUPLEX SINGLE FAMILY ATTACHED AND TOWNHOUSE MULTI FAMILY DWELLINGS Category 1 2 3 4 5 Front Yard 20 10 10 *3 10 10 Front Yard for Side Entry Garage 10 10 10 10 10 Side Yard 7.5 0 or 7.5 0 or 10' 25' Rear Yard Principal 20 10 10 10 10 Rear Yard Accessory 10 5 5 5 10 Rear Yard Special 10 5 5 5 .5 BH Maximum Building Height *2 35 35 35 40 42'4 Distance Between Princi al Structures 15 10 0 or 15 20' 25' Floor Area Min. (S.F.) 1500 SF 1200 SF 1200 SF 1200 SF 750 SF HH: Building Height All distances are in feet unless otherwise noted. *l_ Rear yards for principal structures on lots which abut lake and open space. Setback from lake for all principal and accessory uses may be zero feet (0') providing architectural bank treatment is incorporated into design and subject to written approval from Planning Services Department. Front yards shall be measured as follows: A. If the parcel is served by an external right -of -way, setback is measured from the adjacent right -of -way line... B. If the parcel is served by an internal road or accessory setback is measured from the back of curb (if curbed) or edge of pavement (if not curbed). -2 - Building height shall be the vertical distance measured from the first habitable finished floor elevation to the uppermost finished ceiling elevation of the structure. Parking is permitted under residential structures. '3 - Zero feet (0') or a minimum of five feet (5') on either side except that where the zero feet (0') yard option is utilized, the opposite side of the structure shall have a ten foot (10') yard. Zero feet (0') yards may be used on both sides of a structure provided that the opposite ten foot (10') yard is provided. Patios, pools and screen enclosures may encroach into the 10' yard and may attach to the adjoining dwelling provided an easement is granted from the djoining dwelling unit owner. i4 3 -3 `^- Limited to three (3) stories of units over one (1) level of parking, with each fourteen feet (14') of building height as measured by the standards of the Collier County Land Development Code considered one (1) story . • B. Site development standards for categories 1 - 4 uses apply to individual residential lot boundaries. Category 5 standards apply to platted parcel boundaries. 'j 4 C. Standards for g , s landscaping, , g arkin signs and other land uses where such standards are not p P g specified herein or within adopted Sandpiper Village PUD design guidelines and standards, are to be in accordance with Collier County Land Development Code in effect at the time of Site Development Plan Approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. D. Development standards for uses not specifically set forth in Table I shall be established during Site Development Plan Approval as set forth in Article 3, Division 3.3. of the Land Development Code in accordance with those standards of the zoning district which is most similar to the proposed use. E. In the case of residential structures with a common architectural theme, required property development regulations may be waived or reduced provided a site plan is approved by the Collier County Planning Commission in accordance with Article 2, Division 2.6, Section 2.6.27.4.6 of the Collier County Land Development Code. Common open space • requirements are deemed satisfied pursuant to Section 2.11 of this PUD. F. Off street parking required for residential uses may be accessed by parking aisles, alleys, or driveways which are separate from any roads which serves the development. On street parking shall be allowed all roads within the project. C G. Single family patio and zero lot line dwellings are identified separately from single family detached dwellings with conventional side yard requirements to distinguish these types for the purpose of applying development standards under Table 1. Patio and zero lot line dwellings shall be defined as any type of detached single family structure employing a zero or reduced side yard as set forth herein, and which conform to requirements of Collier County Land Development Code Article 2, Division 2.6, Subsection 2.6.27. H. Residential structures abutting Sandpiper Street shall be limited to two (2) stories over one (1) level of parking. 3 -4 SECTION FOUR MIXED USE DISTRICT 0 4.1 PURPOSE 17B The purpose of this section is to identify permitted uses and development standards within Sandpiper Village PUD designated on the Conceptual Master Plan as "MU". 4.2 GENERAL DESCRIPTION Areas designated as MU on the Conceptual Master Plan are designed to accommodate a limited range of retail, service, and office commercial uses; residential uses in the same structure with retail or office uses; and essential services and customary accessory uses to commercial or residential development. Buildings in the MU District shall contain commercial uses only, or a mix of residential and commercial uses; provided however, that both commercial square footage and residential units shall be constructed in the MU District. The approximate acreage of the MU District is indicated on the Conceptual Master Plan. This acreage is based on a conceptual design and is approximate. Actual acreage of all development tracts shall be provided at the time of Site Development Plan or Preliminary Division Plat approvals in accordance with Article 3, Division 3.3 and Division 3.2 respectively of the Collier County Land Development Code. MU tracts are lVesigned to accommodate internal roadways, open spaces, lakes and water management facilities, and other similar uses found in commercial districts in traditional urban development. 4.3 MAXIMUM SQUARE FOOTAGE/UNITS A maximum of 45,000 square feet gross floor area of retail and office uses may be constructed in Sandpiper Village, together with multi - family residential units, provided the total number of residential units in the Sandpiper Village project shall not exceed 180 units. 4.4 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: 1. Accounting, Auditing and Bookkeeping Services (Group 8721). 2. Amusements and Recreational Services (Groups 7911, 7922 community theaters only, 7991, 7993). 4 -1 3. Apparel and Accessory Stores (Groups 5611 - 5699). 17B 4. Hardware Stores (Group 5251). • 5. Business Services (Groups 7311, 7313, 7322 - 7338, 7361 - 7379,7384, 7389 except auctioneering, field warehousing, bottle labeling, packaging and labeling, salvaging of damaged merchandise, scrap steel cutting and slitting). 6. Childcare services (Group 8351). 7. Civic, social, and fraternal associations (Group 8641). 8. Depository Institutions (Groups 6011- 6099). 9. Drug Stores and proprietary stores (Groups 5912). 10. Eating and Drinking Establishments (Groups 5812, 5813, except for bottle clubs). 11. Engineering, Architectural, Accounting and Surveying Services (Groups 8711 -8713, 8721). • 12. Food Stores (Groups 5411 - 5499). 13. General Merchandise Stores (Groups 5311- 5399). 14. Group Care Facilities (Category I and II); Care Units, except for homeless shelters, Nursing Homes and Assisted Living Facilities (Groups 8051 excluding mental retardation hospitals, 8052, 8059). 15. Health Services (Groups 8011 -8049, 8082). 16. Home Furniture, Furnishing, and Equipment Stores (Groups 5712 - 5736). 17. Insurance Carriers, Agents and Brokers (Groups 6311 -6399, 6411). 18. Legal Services (Group 8111). 19. Management and Public Relation Services (Groups 8741 -8743, 8748). 20. Miscellaneous Retail (Groups 5912 -5963, except pawnshops and building materials, 4 -2 5992 -5999, except auction houses). 21. Multi- Family Dwellings, including Garden Apartments. 22. Non - Depository Credit Institutions (Groups 6111 - 6163). 17B � 23. Personal Services (Groups 7211, 7212, 7215, 7216 non - industrial dry cleaning only, 7221 - 7251, 7291). 24. Real Estate (Groups 6531, 6541) 25. Paint, glass and wallpaper stores (Group 5231). 26. Public Administration (Major Groups 91, 92, 93, 94, 95, 96). 27. Security and Commodity Brokers, Dealer, Exchanges and Services (Groups 6211- 6289). 28. United States Postal Service (Group 4311 except major distribution center). 29. Video Tape Rental (Group 7841). 30. Any other principal use which is comparable in nature with the foregoing uses (including general and professional offices not specifically listed above) and which the Development Services Director determines to be compatible in the "MU" district. B. Permitted Accessory Uses and Structures 1. Accessory uses and structures customarily associated with principal uses permitted in this district. 2. Any other accessory use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the "MU" district. 4.5 DEVELOPMENT STANDARDS A. In mixed use buildings, that is buildings containing residential together with commercial uses (retail, service and/or office), commercial uses are permitted on the first two (2) stories only; residential uses are permitted on the second story and above. 4 -3 B. Minimum yard requirements for mixed use buildings shall be those set forth for multi- family buildings in Table 1 hereof. C. Minimum yard requirements for buildings containing commercial uses only: 1. Front Yard: Ten feet (10') minimum. 2. Side Yard: Ten feet (10') 3. Rear Yard: Ten feet (10'). 4. Any yard abutting a residential parcel: Twenty feet (20'). 5. Any yard abutting a mixed use parcel: Ten feet (10'). 17B 6. Setback from a lake or water management feature for all principal and accessory structures may be zero feet (0') provided architectural bank treatment is incorporated into the design. 7. Setbacks from U.S. 41: Fifteen feet (15'). D. Exterior lighting shall be arranged in a manner which will protect roadways and residential properties from direct glare or unreasonable interference. E. Maximum height of structures shall be as follows: 1. Buildings containing only commercial uses are limited to maximum height of three (3) stories. 2. Buildings containing both residential and commercial uses are allowed a maximum height of four (4) stories. 3. For purposes of this Section, each fourteen feet (14') of building height shall be considered one story. For purposes of this Section building height shall be the vertical distance measured from the first habitable floor elevation to the uppermost finished ceiling elevation of the structure. F. Minimum distance between all other principal structures - Twenty feet (20'). • G. Minimum distance between all other accessory structures (excluding drive - through 4 -4 facilities) - Ten feet (10'). I 7B H. Minimum floor area - Seven hundred (700) square feet gross floor area on the ground floor. I. Maximum building footprint - Buildings containing commercial uses only are limited to the maximum building footprint of 20,000 square feet. J. The project is consistent with the objectives of the development standards of the Bayshore /Gateway Triangle Redevelopment Overlay as provided in Ordinance 2000 -87. Standards for parking, landscaping, signs and other land uses where such standards are not specifically set forth herein are to be in accordance with Collier County Land Development Code in effect at the time of Site Development Plan Approval. It is specifically understood that the design of this District is to be of an urban nature; it will encourage pedestrian access; allow shared parking; allow reduced width roadways and accessways, and other vestiges of traditional urban design. Deviations from the Collier County Land Development Code shall be subject to approval of the Development Services Director. K. The limitation or the location of parking as set forth in Section 2.3.4.11.9 of the Collier County Land Development Code shall not be applied to this project. L. The dimensional standards for roadways and parking spaces contained in Section 2.3.4.12 • of the Collier County Land Development Code shall not be applicable to this project; however, the dimensional standards shown on the Conceptual Master Plan shall control for purposes of this project. M. At least fifty percent (50 %) of the trees and shrubs used to fulfill the requirements of the Collier County Land Development Code shall be native South Florida species. N. In order to allow flexibility in the placement of trees in buffers, clustering or grouping of trees shall be allowed as long as the quantities of trees required in Section 2.4.7.4 is complied with, and subject to the approval of the County Landscape Architect. LM SECTION FIVE • GENERAL DEVELOPMENT COMMITMENTS 5.1 PURPOSE 17B The purpose of this Section is to set forth the development commitments of Developer within Sandpiper Village PUD. 5.2 GENERAL All facilities shall be constructed in accordance with the Final Site Development Plans, the Final Subdivision Plats, and all applicable state and local laws, codes and regulations relating to the subdivision of the land, except where specifically noted or otherwise set forth in this document, or as otherwise approved by Collier County. All state and federal permits shall be effective according to the stipulations and conditions of the permitting agencies. Final master plans, Final Site Development Plans or Final Subdivision Plats, and standards and specifications of the Collier County Land Development Code relating to the same shall apply to this project, except as otherwise set forth herein. In addition, the PUD Conceptual Master Plan and the regulations of the PUD document as adopted Prig with any other specific conditions or stipulations as may be agreed to in the rezone hearing efore the Board of County Commissioners, shall control and be applicable to development of the subject property. The Developer, its successors and assigns shall be bound by said documents, commitments, and stipulations. 5.3 CONCEPTUAL MASTER PLAN The PUD Conceptual Master Plan attached hereto as Exhibit "A" is an illustrative conceptual development plan. The design elements and layout illustrated on the PUD Conceptual Master Plan shall be understood to be flexible, so that the final design may satisfy the Developer's criteria and comply with all applicable requirements of this ordinance. The Development Services Director shall be authorized to approve minor changes and refinements to the PUD Conceptual Master Plan upon written request of the Developer. A. The following limitations shall apply to such requests: 1. The minor change or refinement shall be consistent with the Collier County Growth Management Plan. 5 -i 2. The minor change or refinement shall not constitute a substantial change pursuant to Article 2, Division 2.7, Subsection 2.7.3.5.1. of the Collier County Land Development Code. 17B 3. The minor change or refinement shall be compatible with adjacent land uses and shall not create detrimental impacts to abutting land uses, water management facilities, and Reserve areas within or external to the PUD. B. The following shall be considered minor changes or refinements, subject to the limitations of PUD Section 5.3.A: 1. Reconfiguration of lakes, ponds, or other water management facilities where such changes are consistent with the criteria of the South Florida Water Management District and Collier County. 2. Internal realignment of rights -of -way other than a relocation of external access points. 5.4 WATER MANAGEMENT A. An Excavation Permit will be required for proposed lake(s) in accordance with Division 3.5 of Collier County Ordinance No. 91 -102. • B. Design construction of all improvements shall be subject to compliance with the appropriate provisions of Division 3.2 of the Collier County Land Development Code. 5.5 UTILITIES A. The project will be served by central potable water distribution, fire protection and sewage collection facilities. B. Water distribution, sewage collection and transmission facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 88-76, as amended, and other applicable Collier County rules and regulations. 5.6 SUBDIVISION REQUIREMENTS AND STANDARD DESIGN SUBSTITUTIONS Sandpiper Village shall be required to conform to the subdivision improvement requirements set forth in Collier County Land Development Code Article 3, Division 3.2, Section 3.2.8.; unless otherwise stated in this PUD or at the time of Site Development Plan approval. The following Wbstitutions, to the improvements standards are approved for Final Subdivision Plat requirements. 5 -2 A. Sidewalks/bike paths shall be constructed in the locations set forth in the Conceptual Master Plan. • B. Streets shall conform with the right -of -way and pavement widths shown on the Conceptual Master Plan. 5.7 TRANSPORTATION 17B A. Developer shall provide appropriate left and/or right turn lanes at all community access points to public rights -of -way at the time of construction of each access. B. The Developer shall provide arterial level street lighting at all community access points to State, County, or City public rights -of -way at the time of construction of each access. C. The Developer shall provide a fair share contribution toward the capital cost of traffic signals at any community access points to a public right -of -way when deemed warranted by the County. These signals will be owned, operated and maintained by Collier County. D. Payment of Road Impact Fees shall be in accordance with the applicable ordinance as amended with the stipulation that payment shall occur at the time of building permit issuance or in accordance with the requirements of the Collier County Land Development • Code, Division, 3.15, Adequate Public Facilities. E. The PUD Conceptual Master Plan shows the location of all sidewalks /bike paths to be provided within the Sandpiper Village PUD. F. The PUD Conceptual Master Plan indicates the approximate location of access points to the Sandpiper Village project, and indicates full access or directional access. The location of these access points is subject to change, and will be finalized at the time of permitting. There will be public access to the Mixed Use District and its uses from all accesses to surrounding public streets or highways. 5.8 PARKING A. Because of the urban nature of the project and the interaction between the residential, commercial and recreational uses, and in order to minimize the impervious surface and preserve open space, shared parking will be allowed in Sandpiper Village. In the mixed use district, minimum parking requirements shall be eighty -five percent (85 %) of the required spaces for each individual use. • B. Parking for residential units may be provided in the mixed use district and parking for the 5 -3 mixed use district may be provided in the residential district. C. In the residential district, one - bedroom units shall be required to have a minimum of one • and one -half (1 V2 ) spaces per unit, and all other units shall have a minimum of two (2) spaces per unit. D. Because of urban nature of project, and in order to encourage utilization of sidewalks /bicycle paths, a minimum number of parking spaces (not to exceed 10) will be installed at the recreational facility. 5.9 ENVIRONMENTAL An exotic vegetation removal and maintenance plan shall be submitted to Current Planning Section Staff for review and approval prior to final site plan approval. lausersl LANA \Wp91ANTARAMIANICHULMSKY\PUD Document 2001 FINAL.wpd [February 21, 2001] is 5 -4 x H H H E SANDPIPER STREET _---- - - - - -- _ 40 �o 040 I 1 / 1 t 1 / 1 m • t• •``• ft •• tea• m X m a� o� cZ Z 0 F- r �1 F t I I C I \ I Z, rn e I I� I i I 1 1 1 co i / m ; / / / / - -- --------- ---- - - - - - -' m . at 4%p , 40 40 co •n./ _ I I I j I 1 I / t I t j � •, t c m c I 1 me n.....■■...n..■■.. /, t t I 1 1 f I i I I 40' / / / y 40' 41P i i c 0 Loxm ♦/ , m"Woo fvv to OWN mo FREDERICK STREET MM o P v g4ap » bQ'i$ a� � 1 � ! N m t �1 1 �1 F- r �1 F t I I C I \ I I I D Z I 1 1 1 co i / m ; / / / / - -- --------- ---- - - - - - -' m . at 4%p , 40 40 co •n./ _ I I I j I 1 I / t I t j � •, t c m c I 1 me n.....■■...n..■■.. /, t t I 1 1 f I i I I 40' / / / y 40' 41P i i c 0 Loxm ♦/ , m"Woo fvv to OWN mo FREDERICK STREET MM o P v g4ap » bQ'i$ a� � 1 � ! N M F %S Ellie J. Hoffman To: Subject: paperrell @naplesnews.com Petition PUD 2000 -19 Hi Pam, Please advertise the above referenced petition as per the attached. Thanks, W 71 PUD- 2000-19.doc PUD - 2000- 19.doc 176 February 20, 2001 17B ' Ms. Pam Perrell Naples Daily News 1075 Central Avenue Naples, FL 34102 Re: Notice of Public Hearing to Consider Petition PUD- 2000 -19 Dear Pam: Please advertise the above referenced petition on Sunday, March 11, 2001, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure Account No. 113 - 138312 - 649110 17B , NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, MARCH 27, 2001, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE AMENDING ORDINANCE NUMBER 91 -102, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 05115; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "C -4" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS SANDPIPER VILLAGE PUD LOCATED ON THE SOUTH SIDE OF TAMIAMI TRAIL COLLIER COUNTY, FLORIDA, TOWNSHIP SOUTH, RANGE 25 EAST, CONSISTING 13 ACRES AND BY PROVIDING AN EFFECTIVE DATE. Petition No. PUD- 2000 -19, George L. Varnadoe, Esq., of Young, van Assenderp, Varnadoe & Anderson, P.A., representing Antaramian Capital Partners, LLC, requesting a rezone from "C -4" to "PUD" Planned Unit Development to be known as Sandpiper Village PUD, for a maximum Of 180 multi - family dwelling units and a maximum of 45,000 sq. ft. gross floor area of commercial and general office uses, and recreational amenities. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization group encouraged. organizationrecognized by the Chairman, a spokesper son for a group or allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 7 B JAMES D. CARTER, Ph.D., CHAIRMAN DWIGHT E. BROCK, CLERK By: /s /Ellie Hoffman, Deputy Clerk (SEAL) ■ ■._llw.wN CIIIC d. ■v.n■■.... From: System Administrator [postmaster @napiesnews.com] Sent: Tuesday, February 20, 2001 2:49 PM To: Ellie.Hoffman @clerk. col Iier.fl.us Subject: Delivered: Petition PUD 2000 -19 Petition PUD 2000.19 «Petition PUD 2000 -19» Your message To: 'paperrell @naplesnews.com' Subject: Petition PUD 2000 -19 Sent: Tue, 20 Feb 2001 14:45:20 -0500 was delivered to the following recipient(s): Perrell, Pamela on Tue, 20 Feb 2001 14:49:22 -0500 176 176 February 20, 2001 George L. Varnadoe, Esquire Young, van Assenderp, Varnadoe & Anderson, P.A. 801 Laurel Oak Drive, Suite 300 Naples, FL 34108 Re: Notice of Public Hearing to Consider Petition PUD- 2000 -19 Dear Petitioner: Please be advised considered by the March 27, 2001, a notice pertaining Naples Daily News that the above referenced petition will be Board of County Commissioners on Tuesday, indicated on the enclosed notice. The legal to this petition will be published in the on Sunday, March 11, 2001. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Ellie Hoffman, Deputy Clerk Enclosure 17B February 20, 2001 Antaramian Capital Partners 365 5th Avenue South, Suite #201 Naples, FL 34102 aring to Consider Petition PUD- 2000 -19 Re: Notice of Public He Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, March 27, 2001, as indicated on the enclosedublished in h theega notice pertaining to this petition will be p Naples Daily News on Sunday, March 11, 2001. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Ellie Hoffman, Deputy Clerk Enclosure Naples Daily News Naples, FL 34102 Affidavit of Publication Naples Daily News BOARD OF COUNTY COMMISSIONERS MARGARET WATERS PO BOX 413016 NAPLES FL 34101 -3016 REFERENCE: 001230 1131383126491 58222985 PUD- 2000 -19 NOTICE 0 State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as the Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publiction in the said newspaper. PUBLISHED ON: 03/11 AD SPACE: 142.000 INCH FILED ON: 03/12/01 Signature of Affiant - -- Sworn to and Subscribed before me this day of 20� Personally known by me � pF r1� SUSAN D. FLORA My Comm Exp. 12/10104 ft cc 983546 11Pon"*sum IlitriesI-M 17B nonce. The commence The title of VIDING AN EFFEC- TIVE DATE. meHtlon W. PUD - 4000.19, George L. Varnadoe, Esq of Young, van As- se;3erp, Varnadoe & An- derson, P.A., representing Antaromlan Capital Part rezone u rom C -4 to "PUD" Planned Unit De- velopment to be known as Sandpiper Village PUD for a maximum of 184 multl - family dwellin units and a maximum of 45,000 sq. ft. gross floor area of commercial and are al used in presenrorrons before the Board will be- come a permanent part of the record Any person who dedd- as to appeal a decision of the Board will need a re- cord of the proceedings pertalnina thereto and therefore. may need to and the R COUNTY, TNOTE: All parsons wishing to speak an any agenda Mem must reels- ter �a Courtly ad- ministrwith afor prior to presprsW0A of the agen. do wilt inndNlduall spew be limited to 5 minutes on an v Item. The seleCllQn of !lam • behalf of an organization _ or group is encouraged. If recognized by the c hair• man, a spokesperson for MARa group or organization may be alkrtted 10 min. ut $ to speak on an item. F C.lr h,,;,wrsovAlftnw�traF80htli al used in presenrorrons before the Board will be- come a permanent part of the record Any person who dedd- as to appeal a decision of the Board will need a re- cord of the proceedings pertalnina thereto and therefore. may need to and the R COUNTY, ORDINANCE NO. 01- 15 ?B X140 1-1- AN ORDINANCE AMENDING ORDINANCE NUMBER 91 -102 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 0511S; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "C -4" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS SANDPIPER VILLAGE PUD LOCATED ON THE SOUTH SIDE OF TAMIAMI TRAIL EAST (U.S.41) IN SECTION 11, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 13 ACRES AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, George L. Varnadoe of Young, van Assenderp, Varnadoe & Anderson, P. A., representing Antaramian Capital Partners, LLC, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: The zoning classification of the herein described real property located in Section 11, Township 50 South, Range 25 East, Collier County, Florida, is changed from "C -4" to "PUD" Planned Unit Development in accordance with the Sandpiper Village PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map numbered 0511 S, as described in Ordinance Number 91 -102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: This Ordinance shall become effective when the supporting amendment to the Future Land Use Element of the Collier County Growth Management Plan becomes legally effective pursuant to Subsection 163.3189(2)(a), Florida Statues. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of AatA.< , , 2001. ATTEST D HT E,'BROCK, LERK AtteSt::at'to Chairman' $ slgnat, _only. Approved as to Form and Legal Sufficiency ._1-1(16e: M ' az%c � Marjori Student Assistant County Attorney g/admin /PUD- 2000- 19 /RN /cw BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORID BY.. JAMES . ARTER, Ph.D., C AIRMAN —1— SANDPIPER VILLAGE IV PLANNED UNIT DEVELOPMENT George L. Varnadoe, Esq. Young, van Assenderp, Varnadoe & Anderson, P.A. 801 Laurel Oak Drive, Suite 300 Naples, FL 34108 941/597 -2814 Date Reviewed by CCPC Date Approved by BCC Ordinance Number 03/27/01 2001 -15 17B � TABLE OF CONTENTS B Statement of Compliance Section I Legal Description, Property Ownership and General Description Section II Project Development Section III Residential District Section IV Mixed Use District Section V General Development Commitments LIST OF EXHIBIT Exhibit "A" PUD Conceptual Master Plan H STATEMENT OF COMPLIANCE The purpose of this Section is to express the intent of Antaramian Capital Partners, LLC, hereinafter referred to as the "Developer ", to create a Planned Unit Development ( "PUD ") on fifteen (15) acres of land located in Section 11, Township 50 South, Range 25 East in Collier County, Florida. The name of this Planned Unit Development shall be Sandpiper Village. Development of Sandpiper Village will be in compliance with the planning goals and objectives and policies of Collier County as set forth in the Growth Management Plan. The development will be consistent with the Growth Management Plan, Future Land Use Element and the applicable land development regulations for the following reasons: 1. Sandpiper Village is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. 2. The development of Sandpiper Village will result in an efficient and economical extension of community facilities and services as required in Policies 3. LH and L of the Future Land Use Element. 3. Sandpiper Village is designed as a functionally interrelated community and is planned to encourage innovation as set forth in the Collier County Land Development Code Planned Unit Development District Section. 4. Sandpiper Village represents an infill community within the Urban District, thereby discouraging urban sprawl as required by Policy 5.3 of the Future Land Use Element. 5. Sandpiper Village furthers the objectives of Policy 5.5 of the Future Land Use Element by using existing lands zoned for urban intensity uses, as opposed to permitting development of other areas. 6. The Sandpiper Village project furthers and implements the goals and objectives of the Bayshore /Gateway Triangle Redevelopment Overlay District as follows: a. The project will constitute a redevelopment of an aged commercial center and a revitalization of part of the Bayshore /Gateway Triangle District. b. The project will provide a mixed use project, incorporating both residential and commercial uses in an urban environment. ii C. The mixed use project is designed to be pedestrian and bicycle friendly, and to provide opportunity for residents of the project and the surrounding residential area to access the commercial uses without traveling onto major roadways. d. The mixed use project will provide access to existing neighborhoods and ease of access to adjoining neighborhood commercial projects. 178 SHORT TITLE This ordinance shall be known and sited as the "Sandpiper Village Planned Unit Development Ordinance ". iii SECTION ONE 178 LEGAL DESCRIPTION, PROPERTY OWNERSHIP AND GENERAL DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location, legal description and ownership of the property, and to describe the existing conditions of the property proposed to be developed. 1.2 LEGAL DESCRIPTION Sandpiper Village, being approximately fifteen (15) acres, thirteen (13) acres of which are located within the jurisdiction of Collier County and two (2) acres of which are located within the jurisdiction of the City of Naples, is legally described as follows: ALL OF LOTS 107 & 108, GOLDEN SHORES SUBDIVISION, ACCORDING TO PLAT IN PLAT BOOK 3, PAGE 25, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THE WEST '/z OF THE NORTHWEST '/4 OF THE TOWNSHIP 50 SOUTH, RANGE 25 EAST, LYING (TAMIAMI TRAIL), EXCEPT THE SOUTH 264 FEET. NORTHWEST %4 OF SECTION 11, SOUTH OF STATE ROAD NO. 90 ALL THAT PART OF THE SOUTH 264 FEET OF THE SOUTHWEST '/4 OF THE NORTHWEST V4 OF THE NORTHWEST/ 40F SECTION 11, TOWNSHIP 50 SOUTH, RANGE 25 EAST, IN COLLIER COUNTY, FLORIDA, LYING NORTH OF THE NORTH LINE OF WALKER'S SUBDIVISION AS DELINEATED ON A PLAT OF RECORD IN PLAT BOOK 1 AT PAGE 36, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LOTS 1 -8 INCLUSIVE COL - LEE -CO TERRACE, ACCORDING TO PLAT BOOK 1, PAGE 32, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. * *LESS ** THOSE PARCELS DESCRIBED O.R. BOOK 1969, PAGE 977 AND O.R. BOOK 2119, PAGE 1344 OF THE PUBLIC RECORDS OF COLLIER COUNTY. TOTAL ACREAGE = 14.99± ACRES. 1.3 PROPERTY OWNERSHIP 17B ..i I The subject property is currently under the equitable ownership or control of Antaramian Capital Partners, LLC, whose address is 365 Fifth Avenue South, Suite 201, Naples, Florida 34102. 1.4 GENERAL DESCRIPTION OF LOCATION OF PROPERTY A. The property is located on Tamiami Trail East (U.S. 41), and is bordered on the north by U.S. 41, on the west by Sandpiper Street, on the east by Fredrick Street, and on the south by residential development. ' B. The zoning classification of the subject property as of this submittal is C -4 (Collier County) and R3 -12 (City of Naples). C. The property constituting the project has been previously cleared of native vegetation, although vegetation has volunteered along the drainage ditch on the south side, and is currently partially developed with a commercial center. 1.5 APPLICABILITY Although the PUD Conceptual Master Plan shows the proposed uses for the entire Sandpiper Village project, this Ordinance will only be applicable to and control uses on that part of the project within the jurisdiction of Collier County, Florida. 1 =2 SECTION TWO PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE 178 � The purpose of this Section is to generally describe the plan of development for Sandpiper Village PUD to identify relationships to applicable County ordinances, policies, and procedures. 2.2 GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. Sandpiper Village will include a variety of housing choices, together with convenience and service type commercial activities, general offices, and recreational amenities in a traditional urban design setting. B. A graphic illustration of the PUD Conceptual Master Plan is attached hereto as Exhibit "A ". A land use summary indicating approximate land use acreages is shown on the Plan. The location, size, and configuration of individual tracts shall be determined at the time of Preliminary Subdivision Plat approval in accordance with Article 3, Division 3.2, Section 3.2.7, of the Collier County Land Development Code. C. The project is designed to be pedestrian - friendly with retail and office uses being convenient to the residential uses, while still allowing the ability to attract outside traffic for sustainability of commercial uses. D. The project is designed to make an efficient use of the land resources and full use of urban services. 2.3. COMPLIANCE WITH COUNTY ORDINANCES A. Regulations for development of Sandpiper Village shall be in accordance with the contents of this PUD ordinance and applicable sections of the Collier County Land Development Code (to the extent they are not inconsistent with this PUD ordinance), which are in effect at the time of issuance of any development order, to which said regulations relate which authorize the construction of improvements, such as, but not limited to, final subdivision plat, final site development plan, excavation permit, and preliminary work authorization. B. Unless otherwise defined herein, or as necessarily implied by context, definition of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the time of Development Order application. 0 "i C. Development permitted by the approval of this PUD will be subject to concurrency review under the Adequate Public Facilities Ordinance Article 3, Division 3.15, of the Collier County Land Development Code. 176 a l D. Unless modified, waived or excepted by this PUD or by subsequent request, the provisions of other applicable sections of the Land Development Code remain in effect with respect to the development of the land which comprises this PUD. E. All conditions imposed herein or as represented on the PUD Conceptual Master Plan are part of the regulations which govern the manner in which the land may be developed.:. F. The Subdivisions Division of the Collier County Land Development Code (Article 3, Division 3.2) shall apply to Sandpiper Village PUD, except where an exemption is set forth herein or otherwise granted pursuant to Land Development Code Section 3.2.4. G. The Site Development Plans Division of the Collier County Land Development Code (Article 3, Division 3.3) shall apply to Sandpiper Village PUD, except where an exemption is set forth herein or otherwise granted pursuant to Land Development Code Section 3.3.4. H. Multi -modal streets will be the norm within Sandpiper Village. In order to further the traditional urban design, careful street sizing will be utilized, and the Developer reserves the right to request substitutions to Code design standards in accordance with Article 3, Division 3.2, Section 3.2.7.2 of the Collier County Land Development Code. I. Parking shall be allowed on all streets within Sandpiper Village. Some streets will be designed for parking on both sides, and some may allow parking on only one side of the street. 2.4 LAKE SETBACK AND EXCAVATION The lake setback requirements described in Article 3, Division 3.5, Section 3.5.7.1 of the Collier County Land Development Code may be reduced with the administrative approval of the Collier County Development Services Director. All lakes greater than one (1) acre may be excavated to the maximum commercial excavation depths set forth in Section 3.5.7.3.1., however removal of fill from Sandpiper Village PUD shall be limited to an amount up to 10 percent per lake (to a maximum of 20,000 cubic yards) of the total volume excavated unless a commercial excavation permit is received. 2 -2 2.5 USE OF RIGHTS -OF -WAY 1 TB`► Utilization of lands within all proj ect rights -of -way for landscaping, decorative entrance ways, and signage may be allowed subject to review and administrative approval by the Developer and the Collier County Development Services Director for engineering and safety considerations during the development review process and prior to any installations. 2.6 MODEL HOMES /SALES CENTERS Model homes, sales centers and other uses and structures related to the promotion and sale of real estate such as, but not limited to, pavilions, viewing platforms, gazebos, parking areas, tents, and signs, shall be permitted principal uses throughout Sandpiper Village Park project subject to the requirements of Article 2, Division 2.6, Section 2.6.33.4 and Article 3, Division 3.2, Section 3.2.6.3.6, of the Collier County Land Development Code. 2.7 CHANGES AND AMENDMENTS TO PUD DOCUMENT OR PUD CONCEPTUAL MASTER PLAN Changes and amendments may be made to this PUD Ordinance or PUD Conceptual Master Plan as provided in Article 2, Division 2.7, Section 2.7.3.5 of the Collier County Land Development Code. Minor changes and refinements as described in Section Five of this PUD document may be made in connection with any type of development or permit application required by the Collier County Land Development Code. 2.8 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted as a principal use throughout Sandpiper Village PUD. The following standards shall apply: A. Landscape berms shall have the following maximum side slopes: 1. Grassed berms 3:1 2. Ground covered berms 2:1 3. Rip -Rap berms 1:1 4. Structural walled berms - vertical B. Fence or wall maximum height: six feet (6), as measured from the finished grade of the ground at the base of the fence or wall. For the purpose of this provision, finished grade shall be considered to be no greater than eighteen inches (18") above the highest crown elevation of the nearest existing road unless the fence or wall is constructed on a perimeter landscape berm. In these cases the wall shall not exceed 2 -3 six feet (6') in height from the top of berm elevation for berm elevation with an average side slope of 4:1 or less, and shall not exceed four feet (4') in height from the top of berm elevation for berms with an average side slope of greater than 4:1 (i.e. 3:1). 17B *-"., C. Landscape buffers, berms, fences and walls may be constructed along the perimeter of the Sandpiper Village PUD boundary prior to preliminary subdivision plat and site development plan submittal, subject to approval of County Staff. All such areas must be included in a landscape easement on final plats, or in a separate recorded temporary easement, prior to final platting. D. Pedestrian sidewalks and/or bike paths, water management systems and drainage may be allowed in landscape buffers. F E. Prior to construction of residential units along the southern boundary, the Developer shall construct a six foot (6') high wall, with Type B landscaping across the southern boundary of the project, utilizing existing native vegetation where practicable. 2.9 DESIGN GUIDELINES AND STANDARDS The Collier County Planned Unit Development District is intended to encourage ingenuity, innovation and imagination in the planning, design and redevelopment of tracts of land under unified ownership or control, as set forth in the Collier County Land Development Code, Article 2, Division 2.2, Section 2.2.20.1. Sandpiper Village is planned as a urban mixed use project containing low to medium density residential, convenience and service retail, office, and associated recreational facilities in an interrelated community under unified control. The project is designed to be pedestrian friendly with retail opportunities convenient to residences within the project and adjoining neighborhoods; although the commercial areas will be located to provide visibility from U.S. 41 to attract customers from outside the project for sustainability. The project is designed to make efficient use of land resources, full use of urban services, with detailed human scale design. Sandpiper Village is planned as a functionally related, urban style, mixed use proj ect under unified control. As such, the elements of the development, including architecture, signage, landscaping, and lighting shall be coordinated and contain a unified theme. The Developer may also establish supplemental design guidelines and standards by means of recorded covenants, conditions, and restrictions, the existence of which shall be noted on the final subdivision plat or final site development plan. 2 -4 The commercial and mixed use aspects of the project are incorporated into buildings surrounding the "town square ". Parking for these uses shall be on the streets serving the town square, to the rear of said buildings, and in the parking structure on Fredrick Street. Surface parking facilities between buildings and U.S. 41, or in areas adjacent to U.S. 41, shall be limited to those instances of parking integrated into project streetscapes, and parking for recreational facilities. 2.10 GENERAL PERMITTED USES 17B V I Certain uses shall be considered general permitted uses throughout the Sandpiper Village PUD. General permitted uses are those uses which generally serve the Developer and residents of Sandpiper Village PUD and are typically part of the common infrastructure or are considered community facilities. A. General Permitted Uses: 1. Essential services as set forth under Collier County Land Development Code, Section 2.6.9.1. 2. Water management facilities and related structures. 3. Lakes including lakes with bulkheads or other architectural or structural bank treatments. 4. Community and neighborhood parks, recreational facilities, community centers. 5. Temporary construction, sales, and administrative offices for the Developer and the Developer's authorized contractors and consultants, including necessary access ways, parking areas and related uses. 6. Landscape features including, but not limited to, landscape buffers, berms, fences and walls subject to the standards set forth in Section 2.8 of this PUD. 7. Any other use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible. B. Development Standards: Unless otherwise set forth in this document, the following development standards shall apply to structures: . 2 -5 1. Setback from back of curb or edge of pavement of any road - ten feet (10') except for gatehouses, access control structures, and entrance features which shall have no required setback. D 1 .� 2. Setback from external property boundaries - one half ('/2) the height of the structure. 3. Minimum distance between structures which are part of an architecturally unified grouping - five feet (5'). 4. Minimum distance between unrelated structures - ten feet (10'). 5. Maximum height of structures - forty feet (40'). a 6. Minimum floor area - None required. 7. Minimum lot or parcel area - None required. 8. Sidewalks, bikepaths, and cart paths may occur within County required buffers; however the width of the required buffer shall be increased proportionately to the width of the paved surface of the sidewalk, bikepath, or cartpath. 9. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within adopted Sandpiper Village PUD design guidelines and standards, are to be in accordance with Collier County Land Development Code in effect at the time of site development plan approval. 2.11 OPEN SPACE REQUIREMENTS A minimum of thirty percent (30 %) of the project's gross area shall be devoted to open space pursuant to Article 2, Division 2.6, and Section 2.6.32 of the Collier County Land Development Code. The total project is approximately fifteen (15) acres requiring a minimum of 4.5 acres to be retained as open space throughout the Sandpiper Village project. The thirty percent (30 %) open space requirement shall not apply to individual development parcels or tracts or lots. 2.12 NATIVE VEGETATION RETENTION REQUIREMENTS Although the subject site has been previously cleared, some native vegetation exists along the drainage ditch on the south side of the property and as landscaping on the west side of the 2 -6 property. A portion of this vegetation shall be retained on site as required by Section 3.9.5.5 of the Collier County Land Development Code. Mitigation pursuant to this Section will be allowed. 2.13 SIGNAGE 178 , -f A. General - Except as specifically provided herein, signage shall be in accordance with the Collier County Land Development Code. B. Entry Signs 1. Major entry signs shall be allowed on both sides of the major entry on U.S. 41. Each sign shall not exceed 160 square feet in size on any side, and shall not exceed ten feet (10') in height, although entry signs may be part of architectural features common to the project that exceed ten feet (10') in height. 2. Minor entry signs are allowed on either side of each entrance road to Sandpiper Village. Such minor entry signs shall not exceed one - hundred (100) square feet in size on any side, and no entry sign shall exceed six feet (6) in height. Minor entry signs may be part of a larger architectural feature or monument that forms part of the entry into the project. C. Internal Signs 1. Directional identification signs are allowed within the project. Such signs may be used to identify the location or direction of approved uses, such as: commercial buildings, recreational facilities, sales centers, information centers, etc. Individual signs may be a maximum of four (4) square feet per side in size, or signs maintaining a common architectural theme may be combined to form a menu board with a maximum size of twenty -four (24) square feet, and a maximum height of eight feet (8'). 2. A single external sign band may be applied to the side of each building containing any commercial or office activities, providing that it shall not exceed two feet (2') in vertical dimension by any length. The sign band may contain multiple individual signs, but all must refer to a tenant of the building. Signs shall consist of letters applied directly on the facade of the building. A maximum of two sign bands may be placed on the facade of each building. 3. Additional pedestrian signs or shingles may be attached to a building perpendicular to the facade, extending up to four feet (4') from the facade, or 2 -7 may be placed underneath an awning structure and attached to the awning structure. These signs shall not exceed 18" by 4. There may be one individual pedestrian sign for each business located on the first floor. 178 4. In addition, the vertical drip of an awning may be stenciled with letters no more than eight inches (8 ") in vertical dimension by any length. This provision will only apply to structures containing commercial or recreational uses. 5. A perpendicular sign identifying the primary entrance shall not exceed one foot (1')...in vertical dimension, nor two feet (2') in horizontal dimension. 6. For any multi -story commercial or mixed use building, an entry plaque may be located on both sides of the first level entries. These entry plaques shall be no more than four (4) square feet, shall be attached to the building, and may contain the name of the building or tenant(s) occupying any upper floor space. D. Project identification signs 1. Two project identification signs may be located in proximity to the project's boundaries on U.S. 41. Said project identification signs may contain architectural features, which will not be assessed as part of the signage of said proj ect. 2. A project identification sign may be two - sided, and shall not exceed 120 square feet on any side of each sign. 3. There shall be no setback requirements for such signs, as the purpose thereof is to direct traffic from multi -lane U.S. 41, and to identify the project to traffic traveling on U.S. 41. 2 -8 SECTION THREE RESIDENTIAL DISTRICT 3.1 PURPOSE 176 The purpose of this Section is to identify permitted uses and development standards for areas within Sandpiper Village designated in the Conceptual Master Plan as "R ". 3.2 MAXIMUM DWELLING UNITS A maximum number of 180 residential dwelling units may be constructed in Sandpiper Village, including the portion of the project within the City. The number of units within the County shall be limited to 156 units. 3.3 GENERAL DESCRIPTION A. Areas designated as "R" on the Conceptual Master Plan are designed to accommodate a variety of low to medium density residential dwelling types: compatible non- residential uses, recreational facilities, essential services, and customary accessory uses. B. The approximate acreage of the "R" District is designated on the Conceptual Master Plan. This acreage is based on conceptual designs and it is approximate. Actual acreages of all development tracts will be provided at the time of site development plan, or preliminary subdivision plat approvals in accordance with Article 3, Division 3.3 and Division 3.2, respectively of the Collier County Land Development Code. Residential tracts are designed to accommodate internal roadways, alleys, open spaces, parks and amenity areas, recreational facilities, lakes and water management facilities, and other similar uses found in residential areas. 3.4 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Principal Uses: 1. Single Family Detached Dwellings. 2. Single Family Patio and Zero Lot Line Dwellings. 3. Two-family P and Duplex Dwellings. 178 1 g 4. Single Family Attached and Townhouse Dwellings. 5. Multi- Family Dwellings including Garden Apartments. 6. Any other principal use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the "R" District. Accessory Uses and Structures: S 1. Accessory uses and structures customarily associated with principal uses permitted in this District. 2. Any other accessory use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the "R" District. 3.5 DEVELOPMENT STANDARDS A. Table I sets forth the development standards for land uses within the "R" Residential District. 3 -2 11410Ma Sandpiper Village DEVELOPMENTSTANDARDSFOR "R" RESIDENTIAL AREAS 17g i PERMITTED USES AND STANDARDS SINGLE FAMILY DETACHED PATIO & ZERO LOT LINE TWO FAMILY & DUPLEX SINGLE FAMILY ATTACHED AND TOWNHOUSE MULTI FAMILY DWELLINGS Category 1 2 3 4 5 Front Yard 20 10 10 *3 10 10 Front Yard for Side Entry Garage 10 10 10 10 10 Side Yard 7.5 0 or 7.5 0 or 10' 25' Rear Yard Principal 20 10 10 10 10 Rear Yard Accessory 10 5 5 5 10 Rear Yard Special " 10 5 5 5 .5 BH Maximum Building Height *2 35 35 35 40 42 *4 Distance Between Principal Structures 15 10 0 or 15 20' 25' Floor Area Min. (S.F.) 1500 SF 1200 SF 1 1200 SF 1200 SF 750 SF BH: Building Height All distances are in feet unless otherwise noted. *' - Rear yards for principal structures on lots which abut lake and open space. Setback from lake for all principal and accessory uses may be zero feet (0') providing architectural bank treatment is incorporated into design and subject to written approval from Planning Services Department. Front yards shall be measured as follows: A. If the parcel is served by an external right -of -way, setback is measured from the adjacent right -of -way line. B. If the parcel is served by an internal road or driveways, setback is measured from the back of curb (if curbed) or edge of pavement (if not curbed). +2 - Building height shall be the vertical distance measured from the first habitable finished floor elevation to the uppermost finished ceiling elevation of the structure. Parking is permitted under residential structures. *3 - Zero feet (0') or a minimum of five feet (5') on either side except that where the zero foot (0') yard option is utilized, the opposite side of the structure shall have a ten foot (10') yard. Zero foot (0') yards may be used on both sides of a structure provided that the opposite ten feet (10') yard is provided. Patios, pools and screen enclosures may encroach into the ten feet (10') yard and may attach to the adjoining dwelling provided an easement is granted from the adjoining dwelling unit owner. *4- Limited to three (3) stories of units over one (1) level of parking, with each fourteen feet (14') of building height as measured by the standards of the Collier County Land Development Code considered one (1) story . 3 -3 B. Site development standards for categories 1 - 4 uses apply to individual residential lot boundaries. Category 5 standards apply to platted parcel boundaries. 17B , i C. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within adopted Sandpiper Village PUD design guidelines and standards, are to be in accordance with Collier County Land Development Code in effect at the time of Site Development Plan Approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. D. Development standards for uses not specifically set forth in Table I shall be established during Site Development Plan Approval as set forth in Article 3, Division 3.3. of the Land Development Code in accordance with those standards of the zoning district which:is most similar to the proposed use. E. In the case of residential structures with a common architectural theme, required property development regulations may be waived or reduced provided a site plan is approved by the Collier County Planning Commission in accordance with Article 2, Division 2.6, Section 2.6.27.4.6 of the Collier County Land Development Code. Common open space requirements are deemed satisfied pursuant to Section 2.11 of this PUD. F. Off - street parking facilities required for residential uses maybe accessed by parking aisles, alleys, or driveways which are separate from any roads which serves the development. On street parking shall be allowed all roads within the project. G. Single family patio and zero lot line dwellings are identified separately from single family detached dwellings with conventional side yard requirements to distinguish these types for the purpose of applying development standards under Table 1. Patio and zero lot line dwellings shall be defined as any type of detached single family structure employing a zero or reduced side yard as set forth herein, and which conform to requirements of Collier County Land Development Code Article 2, Division 2.6, Subsection 2.6.27. H. Residential structures abutting Sandpiper Street shall be limited to two (2) stories over one (1) level of parking. 3 -4 SECTION FOUR 178 MIXED USE DISTRICT 4.1 PURPOSE The purpose of this section is to identify permitted uses and development standards within Sandpiper Village PUD designated on the Conceptual Master Plan as "MU ". 4.2 GENERAL DESCRIPTION Areas designated as MU on the Conceptual Master Plan are designed to accommodate a limited range of retail, service, and office commercial uses; residential uses in the same structure with retail or office uses; and essential services and customary accessory uses to commercial or residential development. Buildings in the MU District shall contain commercial uses only, or a mix of residential and commercial uses; provided however, that both commercial space and residential units shall be constructed in the MU District. The approximate acreage of the MU District is indicated on the Conceptual Master Plan. This acreage is based on a conceptual design and is approximate. Actual acreage of all development tracts shall be provided at the time of site development plan or preliminary division plat approvals in accordance with Article 3, Division 3.3 and Division 3.2 respectively of the Collier County Land Development Code. MU tracts are designed to accommodate internal roadways, open spaces, lakes and water management facilities, and other similar uses found in commercial districts in traditional urban development. 4.3 MAXIMUM SQUARE FOOTAGE/UNITS A maximum of 45,000 square feet gross floor area of retail and office uses may be constructed in Sandpiper Village, together with multi - family residential units, provided the total number of residential units in the Sandpiper Village project shall not exceed 180 units. 4.4 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: 1. Accounting, Auditing and Bookkeeping Services (Group 8721). 2. Amusements and Recreational Services (Groups 7911, 7922 community theaters only, 7991, 7993). 4 -1 Stores (Groups 3. Apparel and Accessory (G p 5611-5699). 178 - f 4. Hardware Stores (Group 5251). 5. Business Services (Groups 7311, 7313, 7322 - 7338, 7361 - 7379,7384, 7389 except auctioneering, field warehousing, bottle labeling, packaging and labeling, salvaging of damaged merchandise, scrap steel cutting and slitting). 6. Childcare services (Group 83 51). 7. Civic, social, and fraternal associations (Group 8641). 8. Depository Institutions (Groups 6011- 6099). 9. Drug Stores and proprietary stores (Groups 5912). 10. Eating and Drinking Establishments (Groups 5812, 5813, except for bottle clubs). 11. Engineering, Architectural, Accounting and Surveying Services (Groups 8711 -8713, 8721). 12. Food Stores (Groups 5411 - 5499). 13. General Merchandise Stores (Groups 5311- 5399). 14. Group Care Facilities (Category I and II); Care Units, except for homeless shelters, Nursing Homes and Assisted Living Facilities. 15. Health Services (Groups 8011 -8049, 8082). 16. Home Furniture, Furnishing, and Equipment Stores (Groups 5712 - 5736). 17. Insurance Carriers, Agents and Brokers (Groups 6311 -6399, 6411). 18. Legal Services (Group 8111). 19. Management and Public Relation Services (Groups 8741 -8743, 8748). 20. Miscellaneous Retail (Groups 5912 -5963, except pawnshops and building materials, 5992 -5999, except auction houses). 4 -2 21. Multi-Family Dwellings, includin g Garden Apart ments. 1 ?8 22. Non - Depository Credit Institutions (Groups 6111- 6163). 23. Personal Services (Groups 7211, 7212, 7215, 7216 non - industrial dry cleaning only, 7221 - 7251, 7291). 24. Real Estate (Groups 6531, 6541). 25. Paint, glass and wallpaper stores (Group 5231). 26. Public Administration (Major Groups 91, 92, 93, 94, 95, 96). 27. Security and Commodity Brokers, Dealer, Exchanges and Services (Groups 6211- 6289). 28. United States Postal Service (Group 4311 except major distribution center). 29. Video Tape Rental (Group 7841). 30. Any other principal use which is comparable in nature with the foregoing uses (including general and professional offices not specifically listed above) and which the Development Services Director determines to be compatible in the "MU" district. B. Permitted Accessory Uses and Structures 1. Accessory uses and structures customarily associated with principal uses permitted in this district. 2. Any other accessory use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the "MU" district. 4.5 DEVELOPMENT STANDARDS A. In mixed use buildings, that is buildings containing residential together with commercial uses (retail, service and /or office), commercial uses are permitted on the first two (2) stories only; residential uses are permitted on the second story and above. 4 -3 B. Minimum yard requirements for mixed use buildings shall be those set forth for multi- family buildings in Table 1 -hereof. C. Minimum yard requirements for buildings containing commercial uses only: 1. Front Yard: Ten feet (10') minimum. 2. Side Yard: Ten feet (10'). 3. Rear Yard: Ten feet (10'). 4. Any yard abutting a residential parcel: Twenty feet (20'). 17B -, f 5. Any yard abutting a mixed use parcel: Ten feet (10'). 6. Setback from a lake or water management feature for all principal and accessory structures may be zero feet (0') provided architectural bank treatment is incorporated into the design. 7. Setbacks from U.S. 41: Minimum of fifteen feet (15') and maximum of twenty -five feet (25'). D. Exterior lighting shall be arranged in a manner which will protect roadways and residential properties from direct glare or unreasonable interference. E. Maximum height of structures shall be as follows: 1. Buildings containing only commercial uses are limited to maximum height of three (3) stories. 2. Buildings containing both residential and commercial uses are allowed a maximum height of four (4) stories. 3. For purposes of this Section, each fourteen feet (14') of building height shall be considered one story. For purposes of this Section building height shall be the vertical distance measured from the first habitable floor elevation to the uppermost finished ceiling elevation of the structure. F. Minimum distance between all other principal structures - Twenty feet (20'). 4 -4 G. Minimum distance between all other accessory structures (excluding drive - through facilities) - Ten feet (10'). 170 H. Minimum floor area - Seven hundred (700) square feet gross floor area on the ground floor. I. Maximum building footprint -Buildings containing commercial uses only are limited to the maximum building footprint of 20,000 square feet. J. The project is consistent with the objectives of the development standards of the Bayshore /Gateway Triangle Redevelopment Overlay as provided in Ordinance 2000 -87. Standards for parking, landscaping, signs and other land uses where such standards are not specifically set forth herein are to be in accordance with the Collier County Land Development Code in effect at the time of site development plan approval. It is specifically understood that the design of this District is to be of an urban nature; it will encourage pedestrian access; allow shared parking; allow reduced width roadways and accessways, and other vestiges of traditional urban design. Deviations from the Collier County Land Development Code to accomplish these objectives shall be subject to approval of the Development Services Director. K. The limitation on the location of parking as set forth in Section 2.3.4.11.9 of the Collier County Land Development Code shall not be applied to this project. L. The dimensional standards for roadways and parking spaces contained in Section 2.3.4.12 of the Collier County Land Development Code shall not be applicable to this project; however, the dimensional standards shown on the Conceptual Master Plan shall control for purposes of this project. M. At least fifty percent (50 %) of the trees and shrubs used to fulfill the requirements of the Collier County Land Development Code shall be native South Florida species. N. In order to allow flexibility in the placement of trees in buffer areas, clustering or grouping of trees shall be allowed as long as the quantities of trees required in Section 2.4.7.4 is complied with, and subject to the approval of the County Landscape Architect. 4 -5 SECTION FIVE I 7B GENERAL DEVELOPMENT COMMITMENTS 5.1 PURPOSE The purpose of this Section is to set forth the development commitments of Developer within Sandpiper Village PUD. 5.2 GENERAL All facilities shall be constructed in accordance with the final site development plans, the final subdivision plats, and all applicable state and local laws, codes and regulations relating to the subdivision of the land, except where specifically noted or otherwise set forth in this document, or as otherwise approved by Collier County. All state and federal permits shall be effective according to the stipulations and conditions of the permitting agencies. Final master plans, final site development plans or final subdivision plats, and standards and specifications of the Collier County Land Development Code relating to the same shall apply to this project, except as otherwise set forth herein. In addition, the PUD Conceptual Master Plan and the regulations of the PUD document as adopted along with any other specific conditions or stipulations as may be agreed to in the rezone hearing before the Board of County Commissioners, shall control and be applicable to development of the subject property. The Developer, its successors and assigns shall be bound by said documents, commitments, and stipulations. 5.3 CONCEPTUAL MASTER PLAN The PUD Conceptual Master Plan attached hereto as Exhibit "A" is an illustrative conceptual development plan. The design elements and layout illustrated on the PUD Conceptual Master Plan shall be understood to be flexible, so that the final design may satisfy the Developer's criteria and comply with all applicable requirements of this ordinance. The Development Services Director shall be authorized to approve minor changes and refinements to the PUD Conceptual Master Plan upon written request of the Developer. A. The following limitations shall apply to such requests: 1. The minor change or refinement shall be consistent with the Collier County Growth Management Plan. FMl 2. The minor change or refinement shall not constitute a substantial change pursuant to Article 2, Division 2.7, Subsection 2.7.3.5.1. of the Collier County Land Development Code. 17B 3. The minor change or refinement shall be compatible with adjacent land uses and shall not create detrimental impacts to abutting land uses, water management facilities, and reserve areas within or external to the PUD. B. The following shall be considered minor changes or refinements, subject to the limitations of PUD Section 5.3.A: 1. Reconfiguration of lakes, ponds, or other water management facilities where such changes are consistent with the criteria of the South Florida Water Management District and Collier County. 2. Internal realignment of rights -of -way other than a relocation of external access points. 5.4 WATER MANAGEMENT A. An Excavation Permit will be required for proposed lake(s) in accordance with Division 3.5 of the Collier County Land Development Code. B. Design construction of all improvements shall be subject to compliance with the appropriate provisions of Division 3.2 of the Collier County Land Development Code. 5.5 UTILITIES A. The project will be served by central potable water distribution, fire protection and sewage collection facilities. B. Water distribution, sewage collection and transmission facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 88-76, as amended, and other applicable Collier County rules and regulations. 5.6 SUBDIVISION REQUIREMENTS AND STANDARD DESIGN SUBSTITUTIONS Sandpiper Village shall be required to conform to the subdivision improvement requirements set forth in Collier County Land Development Code Article 3, Division 3.2, Section 3.2.8., unless otherwise stated in this PUD or at the time of site development plan approval. The following substitutions, to the improvements standards are approved for final subdivision plat requirements. S -2 A. Sidewalks/bike paths shall be constructed in the locations set forth in the Conceptual Master Plan, in substitution for the requirements of Section 3.2.8.4.14 and Appendix B of the Collier County Land Development Code. B. Streets shall conform with the right -of -way and pavement widths shown on the Conceptual Master Plan, in substitution for the requirements of Section 3.2.8.4.16 and Appendix B of the Collier County Land Development Code. 5.7 TRANSPORTATION 17B '1 A. The Developer shall provide appropriate left and /or right turn lanes at all community access points to public rights -of -way at the time of construction of each access. B. The Developer shall provide arterial level street lighting at all community access points to State, County, or City public rights -of -way at the time of construction of each access. C. The Developer shall provide a fair share contribution toward the capital cost of traffic signals at any community access points to a public right -of -way when deemed warranted by the County. These signals will be owned, operated and maintained by Collier County. D. Payment of road impact fees shall be in accordance with the applicable impact fee ordinance as it may be amended with the stipulation that payment shall occur at the time of building permit issuance or in accordance with the requirements of the Collier County Land Development Code, Division, 3.15, Adequate Public Facilities. E. The PUD Conceptual Master Plan shows the location of all sidewalks /bike paths to be provided within the Sandpiper Village PUD. F. The PUD Conceptual Master Plan indicates the approximate location of access points to the Sandpiper Village project, and indicates full access or directional access. The location of these access points is subject to change, and will be finalized at the time of permitting. There will be public access to the Mixed Use District and its uses from all accesses to surrounding public streets or highways. 5.8 PARKING A. Because of the urban nature of the project and the interaction between the residential, commercial and recreational uses, and in order to minimize the impervious surface and preserve open space, shared parking will be allowed in Sandpiper Village. In the Mixed Use District, minimum parking requirements shall be eighty -five percent (85 %) of the required spaces for each individual use. 5 -3 B. Parking for residential units may be provided in the Mixed Use District and parking for the Mixed Use District may be provided in the Residential District. C. In the Residential District, one - bedroom units shall be required to have a minimum of one and one -half (1 l/2) parking spaces per unit, and all other units shall have a minimum of two (2) parking spaces per unit. D. Because of urban nature of project, and in order to encourage utilization of sidewalksibicycle paths, a minimum number of parking spaces (not to exceed 10) will be installed at the recreational facility. 5.9 ENVIRONMENTAL 17B An exotic vegetation removal and maintenance plan shall be submitted to Current Planning Section Staff for review and approval prior to final site plan approval. F:\ users\ LANA \Wp9\ANTARAMIAN\CHULMSKY\PUD Final 3- 15- Ol.wpd [March 15, 2001 ] 5 -4 STATE OF FLORIDA) 178 COUNTY OF COLLIER) , I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 2001 -15 Which was adopted by the Board of County Commissioners on the 27th day of March, 2001, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 28th day of March, 2001. DWIGHT E. BROCK Clerk of Courts and Clerk Ex- officio to Board of County Commissioners By: Ellie Hoffman, Deputy Clerk SANDPIPER STREET • •10 _ I - ---- - - - - - -- --------------------- a------A----- I I �I w m m ;d N Z =` p C v .,� c 0 I I X .. H cn H I ' a� 40# to •••- •♦ m o m ; i C COU" =Nff FLOMA i - ---- - - - - - -- --------------------- a------A----- I I �I ---- t m to � m� • / / I♦♦ X m co m m ;d r =` ,1 1, 1 1, ®�� 1 I !G I I I .. H cn H I ' a� 40# to •••- •♦ ---- t m to � m� • / / I♦♦ l ; I / I m i ;, ' i i i Ono a moc C6 m9S _ _ — _ — _ — — — — 9 o-a FREDERICK STREET 4¢ x Hd gig 14 4a is nt 16 K IFHI ii�ll � A w ! I m r =` N ®�� rr M ► ;^ m RO vi .. . i 40# to •••- •♦ ; i cmo vm� COU" =Nff FLOMA i l ; I / I m i ;, ' i i i Ono a moc C6 m9S _ _ — _ — _ — — — — 9 o-a FREDERICK STREET 4¢ x Hd gig 14 4a is nt 16 K IFHI ii�ll � A w ! I CONCEPTUAL PUD MASTER PLAN r =` rr ii, rr M ► ;^ m RO vi .. . SANDPIPER VILLAGE COU" =Nff FLOMA COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: • a XXX Normal legal Advertisement E] Other: 17C' (Display Adv., location, etc.) ********************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Originating Dept/ Div: Comm.Dev.Serv./Planning Person: Z*Z7 Date: 9-5,01 Petition No. (If none, give brief description): V- 2000 -34 Petitioner: (Name & Address): Food Stores, Inc., P.O. Box 1808, Tampa, FL, 33601 -1808 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Don Kirby & Susan Young Kirby, Construction Courier Services, P.O. 678443, Orlando, FL 32867 Hearing before BCC XX BZA Other Requested Hearing date: March 27, 2001 Based on advertisement appearing 15 days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other R Legally Required Proposed Text: (Include legal description & common location & Size: V- 2000 -34, Don Kirby and Susan Young Kirby, of Construction Courier Services, representing Handy Food Stores Incorporated, requesting a variance of 20 feet from the required 50 foot front yard setback requirement for a gas station canopy and fuel pumps to 30 feet for property located at 2902 Lake Trafford Road, Immokalee. Companion petition(s), if any & proposed hearing date: N/A Does Petition Fee include advertising cost? XX Yes ` 0 ,No ` If Yes, what account should be charged for advertising costs: 113- 138312- 649110 e Approved by: Divisi e County Manager Date List Attachments: DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: F] County Manager agenda file: to Requesting Division Clerk's Office E] Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY: Date Received: Date of Public hearing: 3 R7 U Date Advertised: RESOLUTION NO. 01- RELATING TO PETITION NUMBER V -2000- 34, FOR A VARIANCE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER 17C COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91 -102) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a 20 -foot variance from the required front yard setback of 50 feet for fuel pumps and a canopy for an automobile service station to 30 feet as shown on the attached plot plan, Exhibit "A ", in a "C -3" Zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented; NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County, Florida, that: The Petition V- 2000 -34 filed by Don Kirby and Susan Young Kirby, representing Handy Food Stores, Incorporated, with respect to the property hereinafter described as: Exhibit `B" be and the same hereby is approved for a 20 -foot variance from the required front yard setback of 50 feet for fuel pumps and a canopy for an automobile service station to 30 feet as shown on the attached plot plan, Exhibit "A ", of the "C -3" Zoning District wherein said property is located, subject to the following conditions: 1. This variance is for the encroachment shown in Exhibit "A" only. Any other encroachment shall require a separate variance. -1- 2. In the case of the destruction of the encroaching structure, for any reason, to an extent equal to or greater than 50 percent of the actual replacement cost of the structure at the time of its destruction, any reconstruction shall conform to the provisions of the Collier County Land Development Code in effect at the time of reconstruction. 17C ' BE IT RESOLVED that this Resolution relating to Petition Number V- 2000 -34 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of , 2001. ATTEST: BOARD OF ZONING APPEALS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA Approved as to Form and Legal Sufficiency: �1 Marjo M. Student Assistant County Attorney g/admin/V- 2000- 34/FR/im -2- JAMES D. CARTER, Ph.D., CHAIRMAN Lisa Roedel To: paperrell @naplesnews.com Subject: V- 2000 -34 � 17C V- 2000.34.doc V- 2000.34.doc 17C February 8, 2001 Ms. Pam Perrell Naples Daily News 1075 Central Avenue Naples, FL 34102 Re: Notice of Public Hearing to Consider Petition V- 2000 -34 Dear Pam: Please advertise the above referenced petition on Sunday, March 11, 2001 and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Lisa Roedel, Deputy Clerk Enclosure Charge to: Account #113 - 138312 - 649110 17C NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, March 27, 2001, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition V- 2000 -34, Don Kirby and Susan Young Kirby, of Construction Courier Services, representing Handy Food Stores Incorporated, requesting a variance of 20 feet from the required 50 foot front yard setback requirement for a gas station canopy and fuel pumps to 30 feet for property located at 2902 Lake Trafford Road, Immokalee. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES D. CARTER, Ph.D., CHAIRMAN DWIGHT E. BROCK, CLERK By: /s /Lisa Roedel, Deputy Clerk (SEAL) Lisa Roedel From: System Administrator [postmaster @naplesnews.com] Sent: Thursday, February 08, 2001 2:06 PM To: LisaR @clerk. coil ier.fl.us Subject: Delivered: V- 2000 -34 V•2000 -34 «V- 2000 -34» Your message To: 'paperrell @naplesnews.com' Subject: V- 2000 -34 Sent: Thu, 8 Feb 2001 14:02:31 -0500 was delivered to the following recipient(s): Perrell, Pamela on Thu, 8 Feb 2001 14:06:10 -0500 1 17C 17C " February 8, 2001 Handy Food Stores, Inc. P.O. Box 1808 Tampa, FL 33601 -1808 Re: Notice of Public Hearing to Consider Petition V- 2000 -34 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, March 27, 2001, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, March 11, 2001. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Lisa Roedel, Deputy Clerk Enclosure 17C February 8, 2001 Don Kirby & Susan Young Kirby Construction Courier Services P.O. Box 678443 Orlando, FL 32867 Re: Notice of Public Hearing to Consider Petition V- 2000 -34 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, March 27, 2001, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, March 11, 2001. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Lisa Roedel, Deputy Clerk Enclosure �l.,Y,310fy.. h. �.; bpi C✓, 17C _ n n I` o n. + -- —. - PROPOSED ELECTRIC TRENCH TO CONTINUE TO 'PEAR OF BUILDING W Q NEW 3500 FIBERMESH � )�,y (V 25x85' CONCRETE PAD ❑sprx)t CV — PROPOSED 24'x83 10' CANOPY REM�%E EX. DISPENSER/ % AND ISLAND 50 CANOPY SETBACK ACTIVE 3 NEW 4'x12.5 ISLANDS --� RECOVERY�� - ° - W/TOKHEIM CENTURION WELL DISPENSERS (BLEND)r.:o - - -- - - � REMOVE EX. CURBING ° r- INSTALL NEW ASPHALT zi� - PAVEMENT e.a 1'ts;, �� o MoTt :)4prai: .. I9 ay .. .,..;. �. w nP . __... ,,. !t� — PROPOSED CURBING - MATCH EXISTING LAKE TRAFFORD ROAD-SR 850 An Exhibit "A" OF 17C A PARCEL OF LAND LYING IN SECTION 31, TOWNSHIP 46 SOUTH, RANGE COLLIER COUNTY, FLORIDA 29 EA DESCRIPTION AS RECORDED IN O.R. 1073 AT PG. 973: FROM THE EAST ONE QUARTER CORNER OF SECTION 31, TOWNSHIP 46 SOUTH, RANGE 29 EAST, IMMOKALEE, COLLIER COUNTY, FLORIDA, RUN N 1' 12'25 "W ALONG THE EAST LINE OF SAID SECTION 31 FOR 243.21 FEET; THENCE N88'42'22 "W FOR 30.03 FEET TO THE WEST LINE OF CARSON ROAD FOR A POINT OF BEGINNING; THENCE S1'12'25 "E ALONG SAID CARSON ROAD FOR 200.00 FEET TO THE NORTH RIGHT -OF -WAY LINE OF LAKE TRAFFORD ROAD; THENCE WESTERLY 200.08 FEET ALONG SAID RIGHT -OF -WAY LINE FOLLOWING THE ARC OF A CURVE CONCAVE TO THE NORTH AND HAVING A RADIUS OF 11419.2 FEET AND SUBTENDED BY A CHORD OF 200.08 FEET BEARING N88'42'22 "W; THENCE N1'12'25 "W FOR 200.00 FEET; THENCE S88'42'22 "E FOR 200.08 FEET TO THE POINT OF BEGINNING, COLLIER COUNTY, FLORIDA. o.. its Poe 0 Q f. E---XHIBI -r „B„ Naples Daily News Naples, FL 34102 ' Affidavit of Publication Naples Daily News BOARD OF COUNTY COMMISSIONERS MARGARET WATERS PO BOX 413016 NAPLES FL 34101 -3016 REFERENCE: 001230 1131383126491 58222067 V- 2000 -34 NOTICE OF State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as the Assistant Corporate Secretary of the Naples Daily Nevs, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates Listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publiction in the said newspaper. PUBLISHED ON: 0311 AD SPACE: 94.000 INCH FILED ON: 03/12/01 Signature of Affiant / - , - 'j -- Sworn to and Subscribed before me this AQ day of / 20a Personally known by me CC�y'r� 1aLcS�.� 9111pasm*1101NOWN11110111wil. SUSAN 0. FLORA My Comm Enp. I ZF1Q O4 NO CC �6 Q 17C 'N e cmaeniroFpfo IiaS to 3o feet for tv located at Lake Trafford ,nmokalee. I Persons wish- 0 speak on behalf of an wganlzallon or group is mcourTd, If recognized )y the Chair, a spppokeosrpgear- lizaHon maybe allotted id minutes to speak on an Item. Persons wishing to have written or graphic materials Included In the Board agenda packets must submit sa d material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials In- b a Board shall considered esub mated to the oppropriate County staff a min MUM of seven days prior to the public hearing. All WWI' al used In presentations before the Board will be- come a permanent port of the record Any person who decid- es to appeal a decision of the Board will need a re- cord of the proceedings EtinAw thereto and mev need to j MAR 6 [uu i k 17C 'N e cmaeniroFpfo IiaS to 3o feet for tv located at Lake Trafford ,nmokalee. I Persons wish- 0 speak on behalf of an wganlzallon or group is mcourTd, If recognized )y the Chair, a spppokeosrpgear- lizaHon maybe allotted id minutes to speak on an Item. Persons wishing to have written or graphic materials Included In the Board agenda packets must submit sa d material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials In- b a Board shall considered esub mated to the oppropriate County staff a min MUM of seven days prior to the public hearing. All WWI' al used In presentations before the Board will be- come a permanent port of the record Any person who decid- es to appeal a decision of the Board will need a re- cord of the proceedings EtinAw thereto and mev need to j MAR 6 [uu i RESOLUTIONNO.01- 93 RELATING TO PETITION NUMBER V -2000- 7 C ,. 34, FOR A VARIANCE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91 -102) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a 20 -foot variance from the required front yard setback of 50 feet for fuel pumps and a canopy for an automobile service station to 30 feet as shown on the attached plot plan, Exhibit "A ", in a "C -3" Zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented; NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County, Florida, that: The Petition V- 2000 -34 filed by Don Kirby and Susan Young Kirby, representing Handy Food Stores, Incorporated, with respect to the property hereinafter described as: Exhibit `B" be and the same hereby is approved for a 20 -foot variance from the required front yard setback of 50 feet for fuel pumps and a canopy for an automobile service station to 30 feet as shown on the attached plot plan, Exhibit "A ", of the "C -3" Zoning District wherein said property is located, subject to the following conditions: 1. This variance is for the encroachment shown in Exhibit "A" only. Any other encroachment shall require a separate variance. -1- 2. In the case of the destruction of the encroaching structure, for any reason, to an extent equal to or greater than 50 percent of the actual replacement cost of the structure at the time of its destruction, any reconstruction shall conform to the provisions of the Collier County Land Development Code in effect at the time of reconstruction. 17C � BE IT RESOLVED that this Resolution relating to Petition Number V- 2000 -34 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this c?� day of ax.-t.- , 2001. ATTEST: DWIGHT E. BROCK, CLERK Att4t -,',;'a6"to Chairman's Signature only. Approved as to Form and Legal Sufficiency: Marjork M. Student' Assistant County Attorney g/admin/V- 2000- 34 /FR/im -2- COLLIER BOARD OF ZONING APPEALS • FLORIDA y 17C I concrete ..,. .ti � •. � X43.9? -. --'_�1 _ y, f - -, .-.., 58.59' --- __fit, , 99.• 1 c � o N e I o © I V > n one story c.b.s. /brick J a .en�e 0.4' A C 6 Y .%t 100.0 a concrete tJ •I O standard parking spaces - hondilop space PROPOSED ELECTRIC -� TRENCH TO CONTINUE `��i TO REAR OF BUILDING V uj yy.. - c O N NEW 3500 fIBERMESH - -- asphalt 25'x85' CONCRETE PAD /N o _.. asphalt -'T"r II �- PROPOSED 24'x83 10 CANOPY A :1 II. , REMOVE EX. DISPENSE Q N j I AND ISLAND / ' existing 4 underground c �- • -. -. ' etoroge tanks _ — - _. - -•�' =` `. 1,�..g�".s�. ._ 50' CANOPY SETBACK °lo' —nRr1— w o 3 NEW 4'x12.5' ISLANDS - ACTIVE � � RQCOYERY lq� - ,\ W/TOKHEIM CENTURION (WELL c pad ., ,ry DISPENSERS (BLEND) ,: ., 58.13 .. 57.96 ------ �-- - - -- r- REMOVE EX. CURBING INSTALL NEW r ASPHALT ! Q • * PAVEMENT e el 1 y� �'a • o , , 7777741 7- n o -way — OfH Di -- -- H - t a,50 _. aa lake traRwd roo d - -- 5.5' ride bike pater --:.. \ PROPOSED CURBING c. a.p. 1 MATCH EXISTING e.o.p. LAKE TRAFFORD ROAD %"m 850_ - >asL–wC9t 1 :'t 9ettion. !ine Exhibit "A" SECTION OF 17C A PARCEL OF LAND LYING IN 31, TOWNSHIP 46 SOUTH, RANGE COLLIER COUNTY, FLORIDA 2 9 EA,z DESCRIPTION AS RECORDED IN O.R. 1073 AT PG. 973: FROM THE EAST ONE QUARTER CORNER OF SECTION 31, TOWNSHIP 46 SOUTH, RANGE 29 EAST, IMMOKALEE, COLLIER COUNTY, FLORIDA, RUN N 1' 12'25 "W ALONG THE EAST LINE OF SAID SECTION 31 FOR 243.21 FEET; THENCE N88'42'22 "W FOR 30.03 FEET TO THE WEST LINE OF CARSON ROAD FOR A POINT OF BEGINNING: THENCE S1'12'25 "E ALONG SAID CARSON ROAD FOR 200.00 FEET TO THE NORTH RIGHT -OF -WAY LINE OF LAKE TRAFFORD ROAD; THENCE WESTERLY 200.08 FEET ALONG SAID RIGHT -OF -WAY LINE FOLLOWING THE ARC OF A CURVE CONCAVE TO THE NORTH AND HAVING A RADIUS OF 11419.2 FEET AND SUBTENDED BY A CHORD OF 200.08 FEET BEARING N88'42'22 "W; THENCE N 1' 12'25 "W FOR 200.00 FEET; THENCE S88'42'22 "E FOR 200.08 FEET TO THE POINT OF BEGINNING, COLLIER COUNTY, FLORIDA. wAm pup EXHIBIT "B" COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: XXX Normal legal Advertisement E] Other: 170 (Display Adv., location, etc.) Originating Dept/ Div: Conun.Dev.Serv./Planning Person: GMn�w.� 3gpy� �,. Date: Z, 15, 01 Petition No. (If none, give brief description): V- 2000 -36 Petitioner: (Name & Address): ADCO Group, 1509 Rail Head Boulevard, Naples, FL 34110 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Mr. Craig R. Stephens, Stephens Design Group, 9148 Bonita Beach Road, Suite 202, Bonita Springs, FL 34135 Hearing before BCC BZA Other Requested Hearing date: March 27, 2001 Based on advertisement appearing 15 days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other ❑ Legally Required Proposed Text: (Include legal description & common location & Size: V- 2000 -36, Craig R. Stephens of Stephens Design Group, Inc., representing Allied Doors, Inc., requesting a 35 -foot variance from the required 50 foot rear yard setback to 15 feet for property located at 1509 Railhead Boulevard, further described as Lot 35, Railhead Industrial Park, in Section 10, Township 48 South, Range 25 East, Collier County, Florida. Companion petition(s), if any & proposed hearing date: N/A Does Petition Fee include advertising cost? es E) No If Yes, what account should be charged for advertising costs: 113 -1383 - 649110 '. view4 d by: Approved by: 2_15 -b1 Divisio He - Date County Manager Date ., List Attachments: DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: ❑ County Manager agenda file: to ❑ Requesting Division Clerk's Office ❑ Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE O Date Received: X Date of Public hearing: L Date Advertised: /J RESOLUTION NO. 01- RELATING TO PETITION NUMBER V -2000- 36, FOR A VARIANCE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. 170 WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91 -102) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a 35 foot variance from the required 50 foot rear yard setback to 15 feet as shown on the attached plot plan, Exhibit "A ", in an "I" Zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented; NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County, Florida, that: The Petition V- 2000 -36 filed by Craig R. Stephens of Stephens Design Group, Inc., representing Allied Doors, Inc., with respect to the property hereinafter described as: Lot 35, Railhead Industrial Park, as recorded in Plat Book 18, Pages 101 and 102 of the Official Records of Collier County, Florida. be and the same hereby is approved for a 35 foot variance from the required 50 foot rear yard setback to 15 feet as shown on the attached plot plan, Exhibit "A ", of the "I" Zoning District wherein said property is located. -1- BE IT RESOLVED that this Resolution relating to Petition Number V- 2000 -36 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. D Done this day of , 2001. 17 ATTEST: BOARD OF ZONING APPEALS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA Approved as to Form and Legal Sufficiency: rn Marjori M. Student ASSISTANT COUNTY ATTORNEY g/adminN- 2000- 36 /CB /im -2- JAMES D. CARTER, Ph.D., CHAIRMAN I• EXIS S.D.F ALLII 170 4 somor -00 AM Exhibit "A" pl JQI Z to 0 0 0 0 A ear �o. ia� Ellie J. Hoffman To: paperrell @naplesnews.com Subject: Petition V- 2000 -36 Hi Pam, Please advertise the above - referenced petition, as per the attached. Thanks and have a great day! Un BE V 2000-36.doc V•2000.36.doc 17D 17D February 20, 2001 Ms. Pam Perrell Naples Daily News 1075 Central Avenue Naples, FL 34102 Re: Notice of Public Hearing to Consider Petition V- 2000 -36 Dear Pam: Please advertise the above referenced petition on Sunday, March 11, 2000 and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, t Ellie Hoffman, Deputy Clerk Enclosure Account No. 113 - 138312 - 649110 17D ' NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, March 27, 2001, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition V- 2000 -36, Craig R. Design Group, Inc., representing Allied Doors, Inc., variance from the required 50 foot rear yard setback property located at 1509 Railhead Boulevard, further Railhead Industrial Park, in Section 10, Township 48 East, Collier County, Florida. Stephens of Stephens requesting a 35 -foot to 15 feet for described as Lot 35, South, Range 25 East, NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES D. CARTER, Ph.D., CHAIRMAN DWIGHT E. BROCK, CLERK By: /s /Ellie Hoffman, Deputy Clerk (SEAL) Ellie J. Hoffman From: System Administrator [postmaster @naplesnews.com] Sent: Tuesday, February 20, 2001 11:18 AM To: Ellie .Hoffman @clerk.collier.fl.us Subject: Delivered: Petition V- 2000 -36 , 7/ Petition V- 2000 -36 <<Petition V- 2000 -36» Your message To: 'paperrell @naplesnews.com' Subject: Petition V- 2000 -36 Sent: Tue, 20 Feb 2001 11:13:32 -0500 was delivered to the following recipient(s): Perrell, Pamela on Tue, 20 Feb 2001 11:17:32 -0500 1 17D 17D February 20, 2001 ADCO Group 1509 Railhead Boulevard Naples, FL 34110 Re: Notice of Public Hearing to Consider Petition V- 2000 -36 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, March 27, 2001, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, March 11, 2001. You are invited to attend this public hearing. sincerely, DWIGHT E. BROCK, CLERK Ellie Hoffman, Deputy Clerk Enclosure February 20, 2001 Mr. Craig R. Stephens Stephens Design Group 9148 Bonita Beach Road, Suite 202 Bonita Springs, FL 34135 Re: Notice of Public Hearing to Consider Petition V- 2000 -36 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, March 27, 2001, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, March 11, 2001. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Ellie Hoffman, Deputy Clerk Enclosure Naples Daily News Naples, FL 34102 Affidavit of Publication Naples Daily News BOARD OF COUNTY COMMISSIONERS MARGARET WATERS PO BOX 413016 NAPLES FL 34101 -3016 REFERENCE: 001230 1131383126491 58222941 V- 2000 -36 NOTICE OF State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as the Assistant Corporate Secretary of the Naples Daily Newq, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publiction in the said newspaper. PUBLISHED ON: 0311 AD SPACE: 96.000 INCH FILED ON: 03/12/01 Signature of Affiant I/ II -- Sworn to and Subscribed before me this / , day of��- 20 Personally known by me - — SUSAN D. FLORA ARv o My Comm Exp. IV11 04 cue��c No. CC 293546 1I►w".*K Mw 1IopwIQ MAR 16 hur 170 InIst afjon Bulldin0, or County Govern- Center, 3301 East laml Trail, Naples do. The meetlnp wiir 9 at 9:00 A.M. e Pe�tflon wV•R000 3 gig R. Stephens R ephens Design o Inc., represent - i upp Arlled Doors Inc. Guesting a T540 nonce from the re- Persons wish- on any agen- on any nem. 1 ne of an an behalfl of and Non or group Is Zed If recognized hale, a spokesper- a groupp or or may be al -as to speak on an ns wishing _to must submIt Id mate ®al a minimum of 3 weeks prior to the respective public hearing. In any case, wrlNen materials In- tended to be considered by the Board shall be sub - mHrod to the approapprr late County staff a minimum of seven days prior to the public hearing. All mae- btawefore he s dwl ll be- come a permanent part of the record Any person who decld- es to appeal a decision of }card Board the will nraee�dedings pertaining fh %rrQV and Thsrefore may need to ensure {hat a verbatim record of the proceedings Is made which record In- cludes ifie testimonll, and evidence upon which the appeal Is based. COMMIS IONERSTY COLLIER COUNTY, 7D RESOLUTION NO. 01- 9 4 RELATING TO PETITION NUMBER V -2000- 36, FOR A VARIANCE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91 -102) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a 35 foot variance from the required 50 foot rear yard setback to 15 feet as shown on the attached plot plan, Exhibit "A ", in an "I" Zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented; NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County, Florida, that: The Petition V- 2000 -36 filed by Craig R. Stephens of Stephens Design Group, Inc., representing Allied Doors, Inc., with respect to the property hereinafter described as: Lot 35, Railhead Industrial Park, as recorded in Plat Book 18, Pages 101 and 102 of the Official Records of Collier County, Florida. be and the same hereby is approved for a 35 foot variance from the required 50 foot rear yard setback to 15 feet as shown on the attached plot plan, Exhibit "A ", of the "I" Zoning District wherein said property is located and subject to the following stipulations: F=1=01% -1- 17D BE IT RESOLVED that this Resolution relating to Petition Number V- 2000 -36 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. k Done this .Z% day of 2001.. ATTEST: DWIGHT E.BROCK, CLERK 'Attest as i0"Chairman's p�p �ro eo Form and Legal Sufficiency: Marjori�)M. Student ASSISTANT COUNTY ATTORNEY g/adminN- 2000- 36 /CB /im -2- BOARD ' / • • APPEALS COLLIER • FLORIDA JAMES 1 r r Ph.D7, rHAIRMAN EXIS S.D.F ALLII scmDr -so V- 2000 -36 EXHIBIT "A" ul z 0 K 0 O Q O J 4 SITE sir �o. �a� CONDITIONS OF APPROVAL V- 2000 -36 17U This approval is conditioned upon the following stipulations: 1. No overhead doors shall be allowed at the rear of the building. 2. Any exterior lighting on the rear of the building must be shielded to prevent spilling over the property line. 3. Any exterior PA or sound system must be directed away from the property line. EXHIBIT "B" COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS "Colo' To: Clerk to the Board: Please place the following as a: XXX Normal legal Advertisement ❑ Other: 17 E (Display Adv., location, etc.) Originating Dept/ Div: Comm.Dev.Serv./Planning Person: / Date: Z' Z- O 1 Petition No. (If none, give brief description): PUD -99 -21 Petitioner: (Name & Address): Edward R Bryadf, Jr., P.A., 700 Eleventh St. South PH II, Naples, FL 34102; Lloyd G. & Nancy Sheehan, Trustee, 1751 Imperial Golf Course Blvd., Naples, FL 34110 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) William L.Hoover, AICP, Hoover Planning, 3785 Airport Rd North, Suite B, Naples, Florida 34105 Hearing before XX BCC BZA Other Requested Hearing date: 3/27/01 Based on advertisement appearing 15 days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other ❑ Legally Required Proposed Text: (Include legal description & common location & Size: PUD- 99 -21, William L. Hoover, AICP, of Hoover Planning, representing Edward R. Bryant, Jr., P.A., and Lloyd G. and Nancy Sheehan, Trustees, requesting a rezone from "A ", and G.C. Rural Agriculture to "PUD" Planned Unit Development to be known as Castlewood at Imperial PUD for a maximum of 34 single- family dwelling units for property located on the north side of Imperial Golf Course Boulevard, approximately 1.25 miles east of North Tamiami Trail, in Section 14, Township 48 South, Range 25 East, Collier County, Florida, consisting of 21.16± acres. Companion petition(s), if any & proposed hearing date: N/A Does Petition Fee include advertising cost? XX Yes ❑ No If Yes, what account should be charged for advertising costs: 9110 Revie ed by: • 2,-7-01 Division Hea List Attachments: Approved by: County Manager DISTRIBUTION INSTRUCTIONS Date A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: ❑ County Manager agenda file: to ❑ Requesting Division Clerk's Office ❑ Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY: Date Received: 27J9 Date of Public hearing: Date Advertised: 3 / D ORDINANCE NO. 01- AN ORDINANCE AMENDING ORDINANCE NUMBER 91 -102 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAPS NUMBERED 8514N AND 8514S; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" AGRICULTURE AND "GC" GOLF COURSE TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS CASTLEWOOD AT IMPERIAL PUD TO ALLOW FOR 34 SINGLE FAMILY DWELLING UNITS FOR PROPERTY LOCATED ON THE NORTH SIDE OF IMPERIAL GOLF COURSE BOULEVARD IN SECTION 14 TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 21.16+ ACRES; AND BY PROVIDING AN EFFECTIVE DATE. 17E WHEREAS, William L. Hoover of Hoover Planning, representing Edward R. Bryant, Jr., P.A., and Lloyd G. Sheehan, Trustees, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property; NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida: SECTION ONE: The zoning classification of the herein described real property located in Section 14, Township 48 South, Range 25 East, Collier County, Florida, is changed from "A" Agriculture to "PUD" Planned Unit Development in accordance with the Castlewood at Imperial PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Maps numbered 8514N and 8514S, as described in Ordinance Number 91 -102, the Collier County Land Development Code, are hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of ATTEST: DWIGHT E. BROCK, Clerk Approved as to Form and Legal Sufficiency MarjoAd M. Student Assistant County Attorney PUD -99 -21 O DINANCE/RB /i m 2001. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES D. CARTER, Ph.D., CHAIRMAN -1- 17E ' , CASTLEWOOD AT IMPERIAL PUD A PLANNED UNIT DEVELOPMENT PREPARED FOR: EDWARD R. BRYANT, JR, PA, TRUSTEE 700 ELEVENTH ST. SOUTH, PH II NAPLES, FLORIDA 34102 and LLOYD G. AND NANCY SHEEHAN, TRUSTEES 1751 IMPERIAL GOLF COURSE BOULEVARD NAPLES, FLORIDA 34110 PREPARED BY: WILLIAM L. HOOVER, AICP HOOVER PLANNING & DEV., INC. 3785 AIRPORT ROAD N., SUITE B NAPLES, FL 34105 and JEFF DAVIDSON, P.E. DAVIDSON ENGINEERING 1720 J. & C. BLVD., SUITE 3 NAPLES, FL 34109 DATE FILED August 9, 1999 DATE REVISED January 5, 2001 DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER EXHIBIT "A" TABLE OF CONTENTS TABLE OF CONTENTS LIST OF EXHIBITS STATEMENT OF COMPLIANCE SECTION I PROPERTY OWNERSHIP AND DESCRIPTION SECTION II PROJECT DEVELOPMENT REQUIREMENTS SECTION III RESIDENTIAL AREAS PLAN SECTION IV DEVELOPMENT COMMITMENTS f 17E ' r PAGE 1 2 4 7 10 LIST OF EXHIBITS EXHIBIT "A" PUD MASTER PLAN EXHIBIT "B" PUD WATER MANAGEMENT /UTILITY PLAN EXHIBIT "C" LEGAL DESCRIPTION in 17E STATEMENT OF COMPLIANCE 17E The development of approximately 21.16± acres of property in Collier County, as a Planned Unit Development to be known as Castlewood at Imperial PUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan. The residential facilities of Castlewood at Imperial PUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: 1. The subject property's location in relation to existing or proposed community facilities and services permits the development's residential density as described in Objective 2 of the Future Land Use Element. 2. The Project development is compatible and complimentary to surrounding land uses as required in Policy 5.4 of the Future Land Use Element. 3. Improvements are planned to be in compliance with applicable sections of the Collier County Land Development Code, as set forth in Objective 3 of the Future Land Use Element. 4. The Project development will result in an efficient and economical allocation of community facilities and services as required in Policies 3.1.H and 3.11 of the Future Land Use Element. 5. The Project development is planned to protect the functioning of natural drainage features and natural groundwater aquifer recharge areas as described in Objective 1.5 of the Drainage Sub - Element of the Public Facilities Element. 6. The Project is located within the Urban Residential Mixed Use. The projected density of 1.61 dwelling units per acre is in compliance with the Future Land Use Element of the Growth Management Plan based on the following relationships to required criteria: Base Density +4 dwelling units /acre Traffic Congestion Boundary - 1 dwelling units /acre Maximum Permitted Density 3 dwelling units /acre 7. All final local development orders for this Project are subject to Division 3.15, Adequate Public Facilities, of the Collier County Land Development Code. SECTION 17E # J PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of Castlewood at Imperial PUD. 1.2 LEGAL DESCRIPTION The subject property being 21.16± acres, is located in Section 14, Township 48 South, Range 25 East, and is fully described in Exhibit "C ". 1.3 PROPERTY OWNERSHIP The subject property is owned by 4 separate land trusts: Edward R. Bryant, Jr., P.A., 700 Eleventh St. South, PH II, Naples, Florida 34102 is trustee of 2 parcels, that are both 5.11 acres and in separate land trusts, and comprise approximately the eastern 1/2 of the PUD. Lloyd G. Sheehan, 1751 Imperial Golf Course Boulevard, Naples, Florida 34110 is trustee of a 10.22 -acre parcel that comprises approximately the western 1/2 of the PUD. Nancy Sheehan, 1751 Imperial Golf Course Boulevard, Naples, Florida 34110 is trustee of a 0.72 -acre parcel that is essentially the access parcel onto Imperial Golf Course Boulevard. 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The subject property is located on the north of Imperial Golf Course Boulevard, approximately 1.25 miles east of North Tamiami Trail, in unincorporated Collier County, Florida. B. The entire project site currently has Agricultural Zoning, with an estates type single - family home on the western half, and is proposed to be rezoned to PUD. 2 1.5 1.6 1.7 17E PHYSICAL DESCRIPTION The project site is primarily located within the Cocohatchee River Drainage Basin according to the Collier County Drainage Atlas. The proposed outfall for the Project is to the south through the existing Imperial Golf Course System. Natural ground elevation varies from 11.1 NGVD to 12.1 NGVD; average site elevation is 11.5 NGVD. The entire site is located within FEMA Flood Zone "X" with no base flood elevation specified. The water management system of the Project proposes the construction of a perimeter berm with crest elevation set at or above the 25 -year, 3 -day peak flood stage. Water quality pretreatment is proposed in the on -site lake system prior to discharge into the Imperial Golf Course system. The water management system will be permitted by South Florida Water Management District ( SFWMD). All rules and regulations of SFWMD and Collier County will be imposed upon this Project including but not limited to: storm attenuation with a peak discharge rate per Collier County and SFWMD rules; minimum roadway centerline, perimeter berm and finished floor elevations; water quality pre- treatment; and wetland hydrology maintenance. Per Collier County Soil Legend dated January 1990, the soil type found within the limits of the property is predominately #17 — Basinger Fine Sand. Site vegetation on the eastern half of the site consists primarily of Slash Pine and Saw Palmetto. The western half of the site has an existing single - family home on an estates type lot with scattered Slash Pines and mowed grass. PROJECT DESCRIPTION The Castlewood at Imperial PUD is a project composed of a maximum of 34 residential units. These residential units are planned on being developed as single - family detached homes. Residential land uses and signage are designed to be harmonious with one another in a natural setting by using common architecture, quality screening /buffering, and native vegetation, whenever feasible. SHORT TITLE This Ordinance shall be known and cited as "Castlewood at Imperial Planned Unit Development Ordinance ". 3 2.1 SECTION II PROJECT DEVELOPMENT REQUIREMENTS PURPOSE 17E The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the Project, as well as other project relationships. 2.2 GENERAL A. Regulations for development of Castlewood at Imperial PUD shall be in accordance with the contents of this document, PUD - Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code and Growth Management Plan in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improvements, such as but not limited to Final Subdivision Plat, Final Site Development Plan, Excavation Permit and Preliminary Work Authorization. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the Land Development Code shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the time of building permit application. C. All conditions imposed and graphic material presented depicting restrictions for the development of Castlewood at Imperial PUD shall become part of the regulations, which govern the manner in which the PUD site may be developed. D. All applicable regulations, unless specifically waived through a variance or separate provision provided for in this PUD Document, shall remain in full force and effect. E. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15 Adequate Public Facilities of the Collier County Land Development Code at the earliest, or next, to occur of either Final Site Development Plan approval, Final Plat approval, or building permit issuance applicable to this development. 2.3 2.4 2.5 W 17E "I, DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USES j A maximum of 34 dwelling units shall be constructed in the residential areas of the Project. The gross project area is 21.16± acres. The gross project density shall be a maximum of 1.61 units per acre. RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. The general configuration of the land uses are illustrated graphically on Exhibit "A ", PUD Master Plan, which constitutes the required PUD Development Plan. Any division of the property and the development of the land shall be in compliance with the PUD Master Plan, Division 3.2 Subdivisions of the Land Development Code, and the platting laws of the State of Florida. B. The provisions of Division 3.3, Site Development Plans of the Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division 3.3 prior to the issuance of a building permit or other development order. C. Appropriate instruments will be provided at the time of infrastructural improvements regarding any dedications to Collier County and the methodology for providing perpetual maintenance of common facilities. MODEL UNITS AND SALES FACILITIES A. In conjunction with the promotion of the development, residential units may be designated as models. Such model units shall be governed by Section 2.6.33.4 of the Collier County Land Development Code. B. Temporary sales trailers and construction trailers can be placed on the site after Site Development Plan approval and prior to the recording of Subdivision Plats, subject to the other requirements of Section 2.6.33.3 of the Land Development Code. PROVISION FOR OFF -SITE REMOVAL OF EARTHEN MATERIAL The excavation of earthen material and its stock - piling in preparation of water management facilities or to otherwise develop water bodies is hereby permitted. Off -site disposal is also hereby permitted subject to the following conditions. A. Excavation activities shall comply with the definition of a "Development Excavation" pursuant to Section 3.5.5.1.3 of the Land Development Code, 5 7 E whereby off -site removal shall be limited to 10% of the total volume excavated but not to exceed 20,000 cubic yards. All road impact fees must be paid prior to the removal of material for off -site transport. B. All other provisions of Division 3.5 Excavation of the Land Development Code shall apply. G SECTION III RESIDENTIAL AREAS PLAN 3.1 PURPOSE 17E4.4 The purpose of this Section is to identify specific development standards for the Residential Areas as shown on Exhibit "A ", PUD Master Plan. 3.2 MAXIMUM DWELLING UNITS The maximum number of residential dwelling units within the PUD shall be 34 units. 3.3 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. Single- family dwellings. 2. Any other use deemed comparable in nature by the Development Services Director. B. Permitted Accessory Uses and Structures 1. Customary accessory uses and structures including garages and utility buildings. 2. Recreational uses and facilities including swimming pools, tennis courts, volleyball courts, children's playground areas, tot lots, boat docks, walking paths, picnic areas, recreation buildings, verandahs, and basketball /shuffle board courts. 3. Temporary sales trailers and model units. 4. Gatehouse. 5. Essential services, including interim and permanent utility and maintenance facilities. 17E 0 6. Water management facilities, including such facilities within any Native Habitat Preserve Areas. 7. Recreational facilities, such as boardwalks, walking paths and picnic areas, within any Natural Habitat Preserve Areas, after the appropriate environmental review. 8. Supplemental landscape planting within Natural Habitat Preserve Areas, after the appropriate environmental review. 9. Any other accessory use deemed comparable by the Development Services Director. 3.4 DEVELOPMENT STANDARDS A. Minimum Lot Area: Twelve thousand (12,000) square feet. B. Minimum Lot Width: 1. Interior Lots: Eight -five (85) feet. 2. Corner Lots: Ninety -five (95) feet. 3. Cul -de -sac Lots: Seventy -five (75) feet. C. Minimum Yards: 1. Front Yards: Twenty -five (25) feet. 2. Rear Yards: Twenty (20) feet. 3. Side Yards: Seven and one -half (7.5) feet. D. Maximum Heiqht: 1. Principal Structures: Thirty -five (35) feet. 2. Accessory Structures: Twenty (20) feet. E. Minimum Floor Area.- 8 I7E - Eighteen hundred (1800) square feet of air - conditioned area. ► F. Off - Street Parking and Loading Requirements: As required by Division 2.3 of the Land Development Code in effect at the time of building permit application. G. Open Space /Natural Habitat Preserve Area Requirements 1. A minimum of sixty (60) percent open space, as described in Section 2.6.32 of the Land Development Code, shall be provided on -site. 2. A minimum of 3.7 acres of native vegetation shall be preserved on- site, including all 3 strata, and emphasizing the largest contiguous area possible. The PUD Master Plan identifies 2.6 acres. The remaining acreage (a minimum additional 1.1 acres) shall be identified on the site plan, at the time of the next development order submittal. If mitigation plantings will be used to make up any of the acreage, the landscape plans with mitigation -sized plantings (in accordance with Section 3.9.5.5.3 of the Collier County Land Development Code) shall also be submitted at that time. H. Landscaping and Buffering Requirements If landscape buffers are determined to be necessary adjacent to wetland preserve areas, they shall be separate from those preserve areas. 1. Architectural Standards 1. All lighting, signage, and landscaping shall be architecturally and aesthetically unified throughout the common areas of the subject site. 2. All pole lighting, internal to the Project, shall be architecturally designed and limited to a height of thirty (30) feet. J. Si ns Signs shall be permitted as described within Division 2.5 of the Collier County Land Development Code. V SECTION IV 17E DEVELOPMENT COMMITMENTS 4.1 PURPOSE The purpose of this Section is to set forth the commitments for the development of this Project. 4.2 GENERAL All facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdivision Plans and all applicable State and local laws, codes, and regulations applicable to this PUD, in effect at the time of Final Plat, Final Site Development Plan approval or building permit application as the case may be. Except where specifically noted or stated otherwise, the standards and specifications of the official County Land Development Code shall apply to this Project even if the land within the PUD is not to be platted. The Developer, his successor and assigns, shall be responsible for the commitments outlined in this document. The Developer, his successor or assignee, shall follow the PUD Master Plan and the regulations of this PUD as adopted and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor in title or assignee is subject to the commitments within this Agreement. 4.3 PUD MASTER PLAN A. Exhibit "A ", PUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed area, 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 Section 2.7.3.5 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. 10 4.4 SCHEDULE OF DEVELOPMENT /MONITORING REPORT .17E A Site Development Plan shall be submitted per County regulations in effect at time of site plan submittal. The Project is projected to be completed in one (1) or two (2) phases. A. The landowners shall proceed and be governed according to the time limits pursuant to Section 2.7.3.4 of the Land Development Code. B. Monitoring Report: An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County Land Development Code. • 4.5 ENGINEERING A. This Project shall be required to meet all County Ordinances in effect at the time final construction documents are submitted for development approval. B. Design and construction of all improvements shall be subject to compliance with appropriate provisions of the Collier County Land Development Code, Division 3.2. Subdivisions. 4.6 WATER MANAGEMENT A. A copy of the South Florida Water Management District ( SFWMD) Surface Water Permit Application shall be sent to Collier County Development Services with the Subdivision Construction Plan submittal. B. A copy of the SFWMD Surface Water Permit shall be submitted prior to Final Subdivision Construction Approval. C. An Excavation Permit will be required for the proposed lake(s) as described within Division 3.5 of the Collier County Land Development Code and SFWMD Rules. D. Lake setbacks from the perimeter of the PUD may be reduced to twenty - five (25) feet where a six (6) foot high fence or suitable substantial barrier is erected. The setback is measured from the lake control elevation. Nothing may be placed within the lake maintenance easement. E. Developer shall cooperate with the County Stormwater Management Department with the dedication of a drainage easement in the southeast 11 17E corner of the project to serve as an extension of the drainage facility located within the adjacent existing 100 foot drainage and utility easement in the Imperial Golf Estates Phase I Subdivision. F. The stormwater management system shall be designed in compliance with the North Livingston Road Drainage Basin. The Collier County Public Works Department will review the subject stormwater design for compatibility with that Basin, prior to construction plans approval. 4.7 UTILITIES Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the Project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 88 -76, as amended, and other applicable County rules and regulations. 4.8 TRAFFIC Road Impact Fees shall be paid in accordance with Ordinance 2000 -56, as amended, and shall be paid at the time building permits are issued unless otherwise approved by the Board of County Commissioners. 4.9 PLANNING Pursuant to Section 2.2.25.8.1 of the Land Development Code, if during the course of site clearing, excavation or other construction activity a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. 4.10 ENVIRONMENTAL A. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and Collier County wetland rules. B. All conservation areas shall be designated as conservation /preservation tracts or easements on all construction plans and shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Buffers shall be provided in accordance with Section 3.2.8.4.7.3 of the Collier County Land Development Code. In the event the Project does not require platting, all conservation areas shall be recorded as conservation /preservation tracts or easements 12 17E dedicated to an approved entity or to Collier County with no responsibility for maintenance and subject to the uses and limitations similar to or as per Section 704.06 of the Florida Statutes. C. An exotic vegetation removal, monitoring, and maintenance (exotic -free) plan for the site, with emphasis on the conservation /preservation areas, shall be submitted to Current Planning Environmental Staff for review and approval prior to Final Site Development Plan /Construction Plan approval. D. A minimum of 3.7 acres of native vegetation shall be preserved on -site, including all 3 strata, and emphasizing the largest contiguous area possible. The PUD Master Plan identifies 2.6 acres. The remaining acreage (a minimum additional 1.1 acres) shall be identified on the site plan, at the time of the next development order submittal. If mitigation plantings will be used to make up any of the acreage, the landscape plans with mitigation -sized plantings (in accordance with Section 3.9.5.5.3 of the Collier County Land Development Code) shall also be submitted at that time. 13 17E it a Him �i to 4-4 O O b� y aA8 ti b O cA51LEwooDATIMPERIAL DAVIDSON ENCINEERINC, INC. 0. CIVIL ENGIN R EE — EXHIBIT W PUM+u o0+1)M7 -MIO FAX OMi)wawa _ -- 17E 9 ' I M, NA>Df1P1A177HIpAW w O n � y r � V � o 'y 1 8 b �� .1' 111A rs rs el R V oATiM u -- DAVIDSON ENGINEERING, INC. - a CIVIL ENGINEER -- m�uCrvin�wpr�Twou�mnxi mor•c>tomav3ro,s1�s1u711A1nstin C/Y11411 �� PBMM-(941)!97.!916 PA=:OM3)$1d193 -._ - -- 02/08/01 13:04 FAX 9416436968 COLLIER CO COMMUNITY DF.V LEGAL DESCRIPTION Z002/002 17E The East 1/2 of the Southeast 1/4 of the Southwest 1/4 of the Northwest 1/4 of Section 14, Township 48 South, Range 25 East, Collier County, Florida. The West 1/2 of the East 1/2 of the South 1/2 of the Southwest 1/4 of the Northwest 1/4 of Section 14, Township 48 South, Range 25 East, Collier County, Florida. The Southwest 114 of the Southwest 1/4 of the Northwest 114 of Section 14, Township 48 South, Range 25 East, Collier County, Florida. Commencing at the Southwest corner of the East 1/2 of the Northwest 114 of Section 14. Township 48 South, Range 25 East, Sly 144.69 feet, South 81 °07"08 ", West 82" to a point of a curve to left along the arc of the curve 68', North 37 1156'30" West 184.74', North 88 057'50 ", East 2501, to the Point of Beginning. EXHIBIT "C" Lisa Roedel To: paperrell @naplesnews.com Subject: PUD -99 -21 C C 17E PUD 99.21.doc PUD- 99.11.doc 17E February 8, 2001 Ms. Pam Perrell Naples Daily News 1075 Central Avenue Naples, FL 34102 Re: Notice of Public Hearing to Consider Petition PUD -99 -21 Dear Pam: Please advertise the above referenced petition on Sunday, March 11, 2001 and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Lisa Roedel, Deputy Clerk Enclosure Charge to: Account ##113- 138312- 649110 NOTICE OF INTENT TO CONSIDER ORDINANCE F Notice is hereby given that on TUESDAY, MARCH 27, 2001, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE AMENDING ORDINANCE NUMBER 91 -102, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA; BY AMENDING THE OFFICIAL ZONING ATLAS MAPS NUMBERED 8514N AND 85145; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" AGRICULTURE AND "GC" GOLF COURSE TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS CASTLEWOOD AT IMPERIAL PUD TO ALLOW FOR 34 SINGLE - FAMILY DWELLING UNITS FOR PROPERTY LOCATED ON THE NORTH SIDE OF IMPERIAL GOLF COURSE BOULEVARD IN SECTION 14, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 21.16+/ - ACRES; AND BY PROVIDING AN EFFECTIVE DATE. Petition No. PUD- 99 -21, William L. Hoover, AICP, of Hoover Planning, representing Edward R. Bryant, Jr., P.A., and Lloyd G. and Nancy Sheehan, Trustees, requesting a rezone from "A" Agriculture and "GC" Golf Course to "PUD" Planned Unit Development to be known as Castlewood at Imperial PUD for a maximum of 34 single- family dwelling units for property located on the north side of Imperial Golf Course Boulevard, approximately 1.25 miles east of North Tamiami Trail, consisting of 21.16 + /- acres. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 7 C JAMES D. CARTER, Ph.D., CHAIRMAN •1• (- DWIGHT E. BROCK, CLERK By: /s /Lisa Roedel, Deputy Clerk (SEAL) Lisa Roedel From: System Administrator [postmaster @naplesnews.com] Sent: Thursday, February 08, 2001 2:03 PM To: LisaR @clerk.collier.fl.us Subject: Delivered: PUD -99 -21 LJ PU D•99.21 «PUD- 99 -21» Your message To: 'paperrell @napiesnews.com' Subject: PUD -99 -21 Sent: Thu, 8 Feb 2001 13:59:48 -0500 was delivered to the following recipient(s): Perrell, Pamela on Thu, 8 Feb 2001 14:03:29 -0500 17E 17E , 7�1. February 8, 2001 Edward R. Bryant, Jr., P.A. 700 Eleventh St. South PH II Naples, Florida 34102 Re: Notice of Public Hearing to Consider Petition PUD -99 -21 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, March 27, 2001, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, March 11, 2001. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Lisa Roedel, Deputy Clerk Enclosure 17E February 8, 2001 Lloyd G. & Nancy Sheehan, Trustee 1751 Imperial Golf Course Blvd. Naples, Florida 34110 Re: Notice of Public Hearing to Consider Petition PUD -99 -21 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, March 27, 2001, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, March 11, 2001. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Lisa Roedel, Deputy Clerk Enclosure 17E February 8, 2001 William L. Hoover, AICP Hoover Planning 3785 Airport Road North Suite B Naples, Florida 34105 Re: Notice of Public Hearing to Consider Petition PUD -99 -21 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, March 27, 2001, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, March 11, 2001. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Lisa Roedel, Deputy Clerk Enclosure Naples DaiLy News Naples, FL 34102 Affidavit of Publication Naples Daily News NOTICE OF'IN CONSIDER OR Notice Is hei that on. TI BOARD OF COUNTY COMMISSIONERS MARCH 27, 2I MARGARET WATERS Boardroom AdmintstratSon PO BOX 413016 Collier County NAPLES FL 34101 -3016 ment Center, Tamlami Tra Florida, the County Coma will consider ment of a Co REFERENCE: 001230 1131383126491 nonce. The m commence at 58222059 PUD -99 -21 NOTICE OF The title of thi Ordinance Is as AN ORD State of Florida NANCEINC County of Collier 91.102 THE Before the undersigned authority, personally COUNTY L appeared B. Lamb, who on oath says that she serves VELOPMEN IIS as the Assistant Corporate Secretary of the Naples HEC COM DaiLy News, a daily newspaper published at Naples, SIVE ZONIN in Collier County, Florida: that the attached U NIN C OR P copy of advertising was published in said AREA OF newspaper on dates listed. COUNTY BY AM&C Affiant further says that the said Naples Daily OFFICIAL Z< News is a newspaper published at Naples, in said LAS MAPS ED 8514N A Collier County, Florida, and that the said BY CHANG newspaper has heretofore been continuously ZONING CI published in said Collier County, Florida, each TION OF Th DESCRIBE day and has been entered as second class mail PROPERTY matter at the post office in Naples, in said AGRICULTL Collier county, fora period of 1 year yr , O GOLF PDE next preceding the first publication of they UNIT E attached copy of advertisement; and affiant K N O W CASTLEWO( further says that she has neither y paid nor PERIAL PUI promised Pny person, firm or corporation any LOW FOR 2 discount, rebate, commission or refund for the FAMILY C UNITS FOR purpose of securing this advertisement for TY LOCATE publiction in the said newspaper. NORTH SIDE RIAL GOLF BOULEVARE PUBLISHED ON: 0311 TION 14, TO SOUTH, R EAST C CONN � S CONSIST 21.16 + /• AC BY PROW EFFECTIVE AD SPACE: 152.000 INCH Petition No. � FILED ON: 03/12/01 of hoover Pic Signature of Affiant Sworn to &,d Subscribed before me this ! By of �L,L1L 3�L L0 Personally known by me C01A110'6 SUSAN 0. FLORA My Comm EV. 12JI0104 uc r No. CC 983546 I I ftwwilb "" l 108W I a Ono Nm Trustees, zone from and "GC" side Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for Inspec- tlon. All Interested parties are Invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must regis- ter with the County ad- ministrator prior to presentation of the agen- da Rem to be addr Individual speakers will be limited to 5 minutes on any Item. The selection of on Individual to speak on behalf of an organization or group Is encoura ged. if recognized by the Chair- man, a spokesperson for a group or or may be allottetl 10 rein- Wes to speak on an Item. Persons wishing to a minimum of 3 weeks prior to the respective public.. *aarinyi"rri�i any . 17E ORDINANCE NO.01- 16 7E .12# AN ORDINANCE AMENDING ORDINANCE NUMBER 91 -102 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAPS NUMBERED 8514N AND 8514S; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" AGRICULTURE AND "GC" GOLF COURSE TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS CASTLEWOOD AT IMPERIAL PUD TO ALLOW FOR 34 SINGLE FAMILY DWELLING UNITS FOR PROPERTY LOCATED ON THE NORTH SIDE OF IMPERIAL GOLF COURSE BOULEVARD IN SECTION 14 TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 21.16+ ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, William L. Hoover of Hoover Planning, representing Edward R. Bryant, Jr., P.A., and Lloyd G. Sheehan, Trustees, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property; NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida: SECTION ONE: The zoning classification of the herein described real property located in Section 14, Township 48 South, Range 25 East, Collier County, Florida, is changed from "A" Agriculture to "PUD" Planned Unit Development in accordance with the Castlewood at Imperial PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Maps numbered 8514N and 8514S, as described in Ordinance Number 91 -102, the Collier County Land Development Code, are hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this &? +day of %�'} �✓ , 2001. Attest as'o Chair'ina+n S BOARD OF COUNTY COMMISSIONERS signature tilt]. COLLIER COU TY, FLO 'ATTEST: DWIGHT E. BROCK, Clerk Approved as to Form and Legal Sufficiency MarjorU M. Student Assistant County Attorney PUD -99 -21 O D INANCE /RB /im JAMES D' -1- CASTLEWOOD AT IMPERIAL PUD A PLANNED UNIT DEVELOPMENT 1 7E PREPARED FOR: EDWARD R. BRYANT, JR, PA, TRUSTEE 700 ELEVENTH ST. SOUTH, PH II NAPLES, FLORIDA 34102 and LLOYD G. AND NANCY SHEEHAN, TRUSTEES 1751 IMPERIAL GOLF COURSE BOULEVARD NAPLES, FLORIDA 34110 PREPARED BY: WILLIAM L. HOOVER, AICP HOOVER PLANNING & DEV., INC. 3785 AIRPORT ROAD N., SUITE B NAPLES, FL 34105 and JEFF DAVIDSON, P.E. DAVIDSON ENGINEERING 1720 J. & C. BLVD., SUITE 3 NAPLES, FL 34109 DATE FILED DATE REVISED DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER EXHIBIT "A" August 9, 1999 January 5, 2001 03/27/01 2001 -16 TABLE OF CONTENTS TABLE OF CONTENTS LIST OF EXHIBITS STATEMENT OF COMPLIANCE SECTION I PROPERTY OWNERSHIP AND DESCRIPTION SECTION II PROJECT DEVELOPMENT REQUIREMENTS SECTION III RESIDENTIAL AREAS PLAN SECTION IV DEVELOPMENT COMMITMENTS ii 17 E "'11, PAGE ii 1 2 4 7 10 LIST OF EXHIBITS EXHIBIT "A" PUD MASTER PLAN EXHIBIT "B" PUD WATER MANAGEMENT /UTILITY PLAN EXHIBIT "C" LEGAL DESCRIPTION 17E "�q 17E - " I STATEMENT OF COMPLIANCE The development of approximately 21.16± acres of property in Collier County, as a Planned Unit Development to be known as Castlewood at Imperial PUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan. The residential facilities of Castlewood at Imperial PUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: 1. The subject property's location in relation to existing or proposed community facilities and services permits the development's residential density as described in Objective 2 of the Future Land Use Element. 2. The Project development is compatible and complimentary to surrounding land uses as required in Policy 5.4 of the Future Land Use Element. 3. Improvements are planned to be in compliance with applicable sections of the Collier County Land Development Code, as set forth in Objective 3 of the Future Land Use Element. 4. The Project development will result in an efficient and economical allocation of community facilities and services as required in Policies 3.1.H and 3.11 of the Future Land Use Element. 5. The Project development is planned to protect the functioning of natural drainage features and natural groundwater aquifer recharge areas as described in Objective 1.5 of the Drainage Sub - Element of the Public Facilities Element. 6. The Project is located within the Urban Residential Mixed Use. The projected density of 1.61 dwelling units per acre is in compliance with the Future Land Use Element of the Growth Management Plan based on the following relationships to required criteria: Base Density +4 dwelling units /acre Traffic Congestion Boundary - 1 dwelling units /acre Maximum Permitted Density 3 dwelling units /acre 7. All final local development orders for this Project are subject to Division 3.15, Adequate Public Facilities, of the Collier County Land Development Code. �7 F SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of Castlewood at Imperial PUD. 1.2 LEGAL DESCRIPTION The subject property being 21.16± acres, is located in Section 14, Township 48 South, Range 25 East, and is fully described in Exhibit "C ". 1.3 PROPERTY OWNERSHIP The subject property is owned by 4 separate land trusts: Edward R. Bryant, Jr., P.A., 700 Eleventh St. South, PH II, Naples, Florida 34102 is trustee of 2 parcels, that are both 5.11 acres and in separate land trusts, and comprise approximately the eastern 112 of the PUD. Lloyd G. Sheehan, 1751 Imperial Golf Course Boulevard, Naples, Florida 34110 is trustee of a 10.22 -acre parcel that comprises approximately the western 1/2 of the PUD. Nancy Sheehan, 1751 Imperial Golf Course Boulevard, Naples, Florida 34110 is trustee of a 0.72 -acre parcel that is essentially the access parcel onto Imperial Golf Course Boulevard. 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The subject property is located on the north of Imperial Golf Course Boulevard, approximately 1.25 miles east of North Tamiami Trail, in unincorporated Collier County, Florida. B. The entire project site currently has Agricultural Zoning, with an estates type single - family home on the western half, and is proposed to be rezoned to PUD. 2 17E 1.5 PHYSICAL DESCRIPTION The project site is primarily located within the Cocohatchee River Drainage Basin according to the Collier County Drainage Atlas. The proposed outfall for the Project is to the south through the existing Imperial Golf Course System. Natural ground elevation varies from 11.1 NGVD to 12.1 NGVD; average site elevation is 11.5 NGVD. The entire site is located within FEMA Flood Zone "X" with no base flood elevation specified. The water management system of the Project proposes the construction of a perimeter berm with crest elevation set at or above the 25 -year, 3 -day peak flood stage. Water quality pretreatment is proposed in the on -site lake system prior to discharge into the Imperial Golf Course system. The water management system will be permitted by South Florida Water Management District ( SFWMD). All rules and regulations of SFWMD and Collier County will be imposed upon this Project including but not limited to: storm attenuation with a peak discharge rate per Collier County and SFWMD rules; minimum roadway centerline, perimeter berm and finished floor elevations; water quality pre- treatment; and wetland hydrology maintenance. Per Collier County Soil Legend dated January 1990, the soil type found within the limits of the property is predominately #17 — Basinger Fine Sand. Site vegetation on the eastern half of the site consists primarily of Slash Pine and Saw Palmetto. The western half of the site has an existing single - family home on an estates type lot with scattered Slash Pines and mowed grass. 1.6 PROJECT DESCRIPTION The Castlewood at Imperial PUD is a project composed of a maximum of 34 residential units. These residential units are planned on being developed as single - family detached homes. Residential land uses and signage are designed to be harmonious with one another in a natural setting by using common architecture, quality screening /buffering, and native vegetation, whenever feasible. 1.7 SHORT TITLE This Ordinance shall be known and cited as "Castlewood at Imperial Planned Unit Development Ordinance ". SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the Project, as well as other project relationships. 2.2 GENERAL A. Regulations for development of Castlewood at Imperial PUD shall be in accordance with the contents of this document, PUD - Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code and Growth Management Plan in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improvements, such as but not limited to Final Subdivision Plat, Final Site Development Plan, Excavation Permit and Preliminary Work Authorization. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the Land Development Code shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the time of building permit application. C. All conditions imposed and graphic material presented depicting restrictions for the development of Castlewood at Imperial PUD shall become part of the regulations, which govern the manner in which the PUD site may be developed. D. All applicable regulations, unless specifically waived through a variance or separate provision provided for in this PUD Document, shall remain in full force and effect. E. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15 Adequate Public Facilities of the Collier County Land Development Code at the earliest, or next, to occur of either Final Site Development Plan approval, Final Plat approval, or building permit issuance applicable to this development. 17E 2.3 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USES A maximum of 34 dwelling units shall be constructed in the residential areas of the Project. The gross project area is 21.16± acres. The gross project density shall be a maximum of 1.61 units per acre. 2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. The general configuration of the land uses are illustrated graphically on Exhibit "A", PUD Master Plan, which constitutes the required PUD Development Plan. Any division of the property and the development of the land shall be in compliance with the PUD Master Plan, Division 3.2 Subdivisions of the Land Development Code, and the platting laws of the State of Florida. B. The provisions of Division 3.3, Site Development Plans of the Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division 3.3 prior to the issuance of a building permit or other development order. C. Appropriate instruments will be provided at the time of infrastructural improvements regarding any dedications to Collier County and the methodology for providing perpetual maintenance of common facilities. 2.5 MODEL UNITS AND SALES FACILITIES A. In conjunction with the promotion of the development, residential units may be designated as models. Such model units shall be governed by Section 2.6.33.4 of the Collier County Land Development Code. B. Temporary sales trailers and construction trailers can be placed on the site after Site Development Plan approval and prior to the recording of Subdivision Plats, subject to the other requirements of Section 2.6.33.3 of the Land Development Code. 2.6 PROVISION FOR OFF -SITE REMOVAL OF EARTHEN MATERIAL The excavation of earthen material and its stock- piling in preparation of water management facilities or to otherwise develop water bodies is hereby permitted. Off -site disposal is also hereby permitted subject to the following conditions. A. Excavation activities shall comply with the definition of a "Development Excavation" pursuant to Section 3.5.5.1.3 of the Land Development Code, 17E ''a whereby off -site removal shall be limited to 10% of the total volume excavated but not to exceed 20,000 cubic yards. All road impact fees must be paid prior to the removal of material for off -site transport. B. All other provisions of Division 3.5 Excavation of the Land Development Code shall apply. 6 SECTION III RESIDENTIAL AREAS PLAN 3.1 PURPOSE 17E The purpose of this Section is to identify specific development standards for the Residential Areas as shown on Exhibit "A ", PUD Master Plan. 3.2 MAXIMUM DWELLING UNITS The maximum number of residential dwelling units within the PUD shall be 34 units. 3.3 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. Single- family dwellings. 2. Any other use deemed comparable in nature by the Development Services Director. B. Permitted Accessory Uses and Structures: 1. Customary accessory uses and structures including garages and utility buildings. 2. Recreational uses and facilities including swimming pools, tennis courts, volleyball courts, children's playground areas, tot lots, boat docks, walking paths, picnic areas, recreation buildings, verandahs, and basketball /shuffle board courts. 3. Temporary sales trailers and model units. 4. Gatehouse. 5. Essential services, including interim and permanent utility and maintenance facilities. 17E "^ 6. Water management facilities, including such facilities within any Native Habitat Preserve Areas. 7. Recreational facilities, such as boardwalks, walking paths and picnic areas, within any Natural Habitat Preserve Areas, after the appropriate environmental review. 8. Supplemental landscape planting within Natural Habitat Preserve Areas, after the appropriate environmental review. 9. Any other accessory use deemed comparable by the Development Services Director. 3.4 DEVELOPMENT STANDARDS A. Minimum Lot Area: Twelve thousand (12,000) square feet. B. Minimum Lot Width: 1. Interior Lots: Eight -five (85) feet. 2. Corner Lots: Ninety -five (95) feet. 3. Cul -de -sac Lots: Seventy -five (75) feet. C. Minimum Yards: 1. Front Yards: Twenty -five (25) feet. 2. Rear Yards: Twenty (20) feet. 3. Side Yards: Seven and one -half (7.5) feet. D. Maximum Height: 1. Principal Structures: Thirty -five (35) feet. 2. Accessory Structures: Twenty (20) feet. E. Minimum Floor Area: Ll G H J. 17E As required by Division 2.3 of the Land Development Code in effect at the time of building permit application. Oven Space /Natural Habitat Preserve Area Requirements: 1. A minimum of sixty (60) percent open space, as described in Section 2.6.32 of the Land Development Code, shall be provided on -site. 2. A minimum of 3.7 acres of native vegetation shall be preserved on- site, including all 3 strata, and emphasizing the largest contiguous area possible. The PUD Master Plan identifies 2.6 acres. The remaining acreage (a minimum additional 1.1 acres) shall be identified on the site plan, at the time of the next development order submittal. If mitigation plantings will be used to make up any of the acreage, the landscape plans with mitigation -sized plantings (in accordance with Section 3.9.5.5.3 of the Collier County Land Development Code) shall also be submitted at that time. Landscaping and Buffering Requirements: 1. If landscape buffers are determined necessary adjacent to wetland preserve areas, they shall be separate from those preserve areas. 2. A fence shall be constructed by the developer, along both the northern and western PUD boundaries except within the canal easement, prior to the issuance of Certificates of Occupancy for any permanent structure within the project. Architectural Standards 1. All lighting, signage, and landscaping shall be architecturally and aesthetically unified throughout common areas of the subject site. 2. All pole lighting, internal to the Project, shall be architecturally designed and limited to a height of thirty (30) feet. Signs 1. Construction signs shall be limited to a single sign along Imperial Golf Course Boulevard, not exceeding an area of 20 square feet. 2. Other signs shall be permitted as described within Division 2.5 of the Collier County Land Development Code. 4.1 PURPOSE WJ 4.3 SECTION IV 7 DEVELOPMENT COMMITMENTS r E r The purpose of this Section is to set forth the commitments for the development of this Project. GENERAL All facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdivision Plans and all applicable State and local laws, codes, and regulations applicable to this PUD, in effect at the time of Final Plat, Final Site Development Plan approval or building permit application as the case may be. Except where specifically noted or stated otherwise, the standards and specifications of the official County Land Development Code shall apply to this Project even if the land within the PUD is not to be platted. The Developer, his successor and assigns, shall be responsible for the commitments outlined in this document. The Developer, his successor or assignee, shall follow the PUD Master Plan and the regulations of this PUD as adopted and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor in title or assignee is subject to the commitments within this Agreement. PUD MASTER PLAN A. Exhibit "A ", PUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed area, 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 Section 2.7.3.5 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. 10 4.4 4.5 4.6 SCHEDULE OF DEVELOPMENT /MONITORING REPORT ?E A Site Development Plan shall be submitted per County regulations in effect at time of site plan submittal. The Project is projected to be completed in one (1) or two (2) phases. A. The landowners shall proceed and be governed according to the time limits pursuant to Section 2.7.3.4 of the Land Development Code. B. Monitoring Report: An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County Land Development Code. ENGINEERING A. This Project shall be required to meet all County Ordinances in effect at the time final construction documents are submitted for development approval. B. Design and construction of all improvements shall be subject to compliance with appropriate provisions of the Collier County Land Development Code, Division 3.2. Subdivisions. WATER MANAGEMENT A. A copy of the South Florida Water Management District ( SFWMD) Surface Water Permit Application shall be sent to Collier County Development Services with the Subdivision Construction Plan submittal. B. A copy of the SFWMD Surface Water Permit shall be submitted prior to Final Subdivision Construction Approval. C. An Excavation Permit will be required for the proposed lake(s) as described within Division 3.5 of the Collier County Land Development Code and SFWMD Rules. D. Lake setbacks from the perimeter of the PUD may be reduced to twenty - five (25) feet where a six (6) foot high fence or suitable substantial barrier is erected. The setback is measured from the lake control elevation. Nothing may be placed within the lake maintenance easement. E. Developer shall cooperate with the County Stormwater Management Department with the dedication of a drainage easement in the southeast Ii 17E `1q, corner of the project to serve as an extension of the drainage facility located within the adjacent existing 100 foot drainage and utility easement in the Imperial Golf Estates Phase I Subdivision. F. The stormwater management system shall be designed in compliance with the North Livingston Road Drainage Basin. The Collier County Public Works Department will review the subject stormwater design for compatibility with that Basin, prior to construction plans approval. 4.7 UTILITIES Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the Project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 88 -76, as amended, and other applicable County rules and regulations. 4.8 TRAFFIC Road Impact Fees shall be paid in accordance with Ordinance 2000 -56, as amended, and shall be paid at the time building permits are issued unless otherwise approved by the Board of County Commissioners. 4.9 PLANNING Pursuant to Section 2.2.25.8.1 of the Land Development Code, if during the course of site clearing, excavation or other construction activity a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. 4.10 ENVIRONMENTAL A. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and Collier County wetland rules. B. All conservation areas shall be designated as conservation /preservation tracts or easements on all construction plans and shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Buffers shall be provided in accordance with Section 3.2.8.4.7.3 of the Collier County Land Development Code. In the event the Project does not require platting, all conservation areas shall be recorded as conservation /preservation tracts or easements 12 17E 4' dedicated to an approved entity or to Collier County with no responsibility for maintenance and subject to the uses and limitations similar to or as per Section 704.06 of the Florida Statutes. C. An exotic vegetation removal, monitoring, and maintenance (exotic -free) plan for the site, with emphasis on the conservation /preservation areas, shall be submitted to Current Planning Environmental Staff for review and approval prior to Final Site Development Plan /Construction Plan approval. D. A minimum of 3.7 acres of native vegetation shall be preserved on -site, including all 3 strata, and emphasizing the largest contiguous area possible. The PUD Master Plan identifies 2.6 acres. The remaining acreage (a minimum additional 1.1 acres) shall be identified on the site plan, at the time of the next development order submittal. If mitigation plantings will be used to make up any of the acreage, the landscape plans with mitigation -sized plantings (in accordance with Section 3.9.5.5.3 of the Collier County Land Development Code) shall also be submitted at that time. 13 E.LJ L_ vo-4 1II till! r CL fill! 9t t 6 Bt 0 I� I N R R �1 �o b a, y tl S` db rN11°'°�"" - - -- DAVIDSON ENGINEERING, INC."'" �•_ _ = �°�"'°�"®`- - � -- CAST EAM AT IMPERIAL. CIVIL ENGINEER - - - "°•- ^' EXHIBIT "R pID(IIY6: (941) 397.3916 PAIL• C041) 597Q193 _ —_ -- "�° DAVIDSON ENGINEERING, INC. UISTLANOODATIMPERIAL CIVII, ENGINEER mamp, wammunimpm 17MJ A CMULWMANUIM &- KANAL 'L 3010 CMI) 597,Wlfi VAX* C041) 07-51" renra EXHIBIT V *J rTl -A -A 17E -it I LEGAL DESCRIPTION The East 1/2 of the Southeast 1/4 of the Southwest 1/4 of the Northwest 1/4 of Section 14, Township 48 South, Range 25 East, Collier County, Florida. The West 1/2 of the East 112 of the South 1/2 of the Southwest 1/4 of the Northwest 1/4 of Section 14, Township 48 South, Range 25 East, Collier County, Florida. The Southwest 1/4 of the Southwest 1/4 of the Northwest 1/4 of Section 14, Township 48 South, Range 25 East, Collier County, Florida. Commencing at the Southwest corner of the East 1/2 of the Northwest 1/4 of Section 14, Township 48 South, Range 25 East, Sly 144.69 feet, South 81007'08", West 82" to a point of a curve to left along the arc of the curve 68', North 37 056'30" West 184.74', North 88 057'50 ", East 250', to the Point of Beginning. EXHIBIT "C" 17 ' vw aq STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 2001 -16 Which was adopted by the Board of County Commissioners on the 27th day of March, 2001, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 28th day of March, 2001. DWIGHT E. BROCK Clerk of Courts and - Clerk , Ex- officio to Boardof County Commissioners: -, By: Ellie Hoffman, Deputy Clerk COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: XXX Normal legal Advertisement (Display Adv., location, etc.) Ej Other: � � anima N laF ********************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * ******************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Originating Dept/ Div: Comm.Dev.Serv./Planning Pe Date: OZ•��`� Petition No. (If none, give brief description): PUD -98 -14(1) Petitioner: (Name & Address): Att: Paul J. Marinelli, Suite 115, 2640 Golden Gate Parkway, Naples, Fla. 34105 Att: W. Douglas Pitts Suite 1400 701 Brickell Avenue Miami, Fla. 33131 -2822 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Mr. George L. Vamadoe, Young, van Assenderp, Varnadoe & Anderson, P.A., 801 Laurel Oak Drive, Suite 300, Naples, FL 34108 Hearing before XXX BCC BZA Other Requested Hearing d e: March 27, 2001 sed on advertisement appe - g 15 days before hearing. Newspaper(s) to be use : (Complete only if important): XXX Naples Daily News Other E] Legally Required Proposed Text: (Include legal description & common location & Size: PUD- 98- 14(1), George L. Vamadoe of Young, van Assenderp, Varnadoe & Anderson, P.A., representing Granada Shoppes Associates, Ltd., requesting a rezone from "PUD" to "PUD" Planned Unit Development having the effect of amending the PUD document and PUD master plan to add a hotel as an authorized use and to reduce authorized retail and office space in lieu of said 175 -room hotel, for property located on the southeast corner of U.S. 41 and Immokalee Road (S.R. 846) in Section 27, Township 48 South, Range 25 East, Collier County, Florida, consisting of 39.23± acres. panion petition(s), if any & proposed hearing date: N/A Petition Fee include advertising cost Yes , o No If Yes, what account should be charged for advertising costs: 138312 - 649110 Approved by: ewed by: Head Date List Attachments: County Manager DISTRIBUTION INSTRUCTIONS Date A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file: to ❑ Requesting Division Clerk's Office Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY: Date Received: Date of Public hearing: d Date Advertised: �I �/ 7F ORDINANCE NO. 01- ` AN ORDINANCE AMENDING ORDINANCE NUMBER 91 -102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 8527N BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS THE GRANADA SHOPPES PUD FOR PROPERTY LOCATED ON THE SOUTHEAST CORNER OF U.S. 41 AND IMMOKALEE ROAD (S.R. 846), IN SECTION 27, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 39.23± ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 98 -91, AS AMENDED, THE FORMER "GRANADA SHOPPES" PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, George L. Varnadoe of Young, van Assenderp, Varnadoe & Anderson, P.A., representing Granada Shoppes Associates, Ltd., petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The Zoning Classification of the herein described real property located in Section 27, Township 48 South, Range 25 East, Collier County, Florida, is changed from "PUD" to "PUD" Planned Unit Development in accordance with the PUD Document, attached hereto as Exhibit "A ", which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Map numbered 8527N, as described in Ordinance Number 91 -102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: Ordinance Number 98 -91, as amended, known as the Granada Shoppes PUD, adopted on November 10, 1998, by the Board of County Commissioners of Collier County, Florida, is hereby repealed in its entirety. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. -1- 17F PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of ATTEST: DWIGHT E. BROCK, Clerk Approved as to Form and Legal Sufficiency Marjorie M. Student Assistant County Attorney G: /admin/PUD- 98- 14(1)/RN /im 2001. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA -2- JAMES D. CARTER, Ph.D., CHAIRMAN Ellie J. Hoffman To: paperrell @naplesnews.com Subject: Petition PUD -98 -14(1) Uff -1 7F PUD 98- 14(1).doc PUD•98.14(1).doc 17F ' February 26, 2001 Ms. Pam Perrell Naples Daily News 1075 Central Avenue Naples, FL 34102 Re: Notice of Public Hearing to Consider Petition PUD -98 -14(1) Dear Pam: Please advertise the above referenced notice on Sunday, March 11, 2000 and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, � Ellie Hoffman, Deputy Clerk Enclosure Charge to: Account 113- 138312- 649100 17F NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, March 27, 2001, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE AMENDING ORDINANCE NUMBER 91 -102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 8527N BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS THE GRANADA SHOPPES PUD FOR PROPERTY LOCATED ON THE SOUTHEAST CORNER OF U.S. 41 AND IMMOKALEE ROAD (S.R. 846), IN SECTION 27, TOWNSHIP 48 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA, CONSISTING OF 39.23+ ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 98 -91, AS AMENDED, THE FORMER "GRANADA SHOPPES" PUD; AND BY PROVIDING AN EFFECTIVE DATE. Petition No. PUD -98- 14(1), George L. Varnadoe of Young, van Assenderp, Varnadoe & Anderson, P.A., representing Granada Shoppes Associates, Ltd., requesting a rezone from "PUD" to "PUD" Planned Unit Development having the effect of amending the PUD document and PUD master plan to add a hotel as an authorized use and to reduce authorized retail and office space in lieu of said 175 -room hotel. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES D. CARTER, Ph.D., CHAIRMAN DWIGHT E. BROCK, CLERK By: /s /Ellie Hoffman, Deputy Clerk (SEAL) 17F Ellie J. Hoffman From: System Administrator [postmaster@ n aples n ews.com] Sent: Tuesday, February 27, 2001 9:07 AM To: ElIie .Hoffman @clerk.colIier.fl.us Subject: Delivered: Petition PUD -98 -14(1) 0 Peddon PUD-98 -140 ) <<Petition PUD -98- 14(1)» Your message To: 'paperrelI @naples news. com' Subject: Petition PUD -98 -14(1) Sent: Tue, 27 Feb 2001 08:33:36 -0500 was delivered to the following recipient(s): Perrell, Pamela on Tue, 27 Feb 2001 09:07:22 -0500 17F 17F ' y February 26, 2001 Mr. George L. Varnadoe Young, van Assenderp, Varnadoe & Anderson, P.A. 801 Laurel Oak Drive, Suite 300 Naples, FL 34108 Re: Notice of Public Hearing to Consider Petitions PUD -98 -14(1) Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, March 27, 2001, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, March 11, 2001. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Ellie Hoffman, Deputy Clerk Enclosure 17f February 26, 2001 Mr. Paul J. Marinelli 2640 Golden Gate Parkway, Suite 115 Naples, FL 34105 Re: Notice of Public Hearing to Consider Petitions PUD -98 -14(1) Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, March 27, 2001, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, March 11, 2001. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Ellie Hoffman, Deputy Clerk Enclosure February 26, 2001 Mr. W. Douglas Pitts 701 Brickell Avenue, Suite 1400 Miami, FL 33131 -2822 Re: Notice of Public Hearing to Consider Petitions PUD -98 -14(1) Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, March 27, 2001, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, March 11, 2001. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Ellie Hoffman, Deputy Clerk Enclosure Naples Daily News Naples, FL 34102 Affidavit of Publication Naples Daily News BOARD OF COUNTY COMMISSIONERS MARGARET WATERS PO BOX 413016 NAPLES FL 34101 -3016 REFERENCE: 001230 1131383126491 58222783 PUD -98 -140) NOTICE State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as the Assistant Corporate Secretary of the Naples Daily Ne +,,s, a daily newspaper published dt Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publiction in the said newspaper. PUBLISHED ON: 0311 AD SPACE: 149.000 INCH FILED ON: 03/12/01 PUD -98 -ICI ---------- - - - - -- NOTICE R RDI T TO CONSIDER ORDINANCE Notice is herebl[ given that on TUESDAY, March 27, 2001 in the Boardroom 3rd Floor, Adminisira$on Building, molt Ce y 330 Eo s Tomiaml Tral Naples Florida, the r R County Commissioners .� will corralder the enact - ment of a Courrtv Ordi- _� nonce. The meeeeMMnq will commence the 9 r A.M. 17F The tale of the proposed ordinance is as follows` nonINANCE Signature of Affiant Sworn to and Subscribed before me this 142 day �of�1'L�_LL2-� 20, Personally known by me --Sz:X p� rr SUSAN D. FLORA TAFr o My Comm Ev. 12/101x! w vuauc + No CC 9RSMG I I pour&* K-WM I I05W I.Q MAR 6 tuui r W GOL.I OUR COUNTY FLORIDA BY AMENDING THE LAASS MAAP NUMBERED 8527N BY CHANGING THE ZONING CLASSI- FICATION OF THE HEREIN DESCRIBED REAL PROPERTY "PUD" NPLANNED van s & ngf WP theme~ O PUD mastel a hotel as an se and to M I in dr w OW are ovanavie nA ­.P__ tlon. All hNerested parties are Invited to attend and beNhOOTEE: All persons wishing to spun* dwlth the Cou 1y ad. ministrator prior to a1 the agen- da 0M to be addressed. IndlAdual speakers will be limited to 5 minutes on any hemt The seltdiOn of an Individuai to speak on behalf of,an organizatloi a a any i In• County srcnr a come al rmanent part a the reco Any person who decid es to appeal a decision a the Board will need a_ re record in- wn1Or'r�l th NTY S rY, ER, iCK, GRANADA SHOPPES A PLANNED UNIT DEVELOPMENT 7F Ex!fIBIT "An GRAN*])* SHOPPES A P16ANNED UNIT DE 39.23± Acres Located in Section 27 Township 48 South, Range 25 East Collier County, Florida PREPARED FO PREPARED FOR' GRANADA SHOPPES ASSOCIATES LSD, LIMITED PREPARED . Amendment Prepared Bv: 17 F MILLER, BARTON & PEEK, 3200 Bailey Lane, Suite 200 Naples, Florida 34105 and- YOUNG vanASSENDERP &3*4RNADOE YOUNG, van ASSENDERP, VARNADOE & ANDERSON, P.A. 801 LAUREL OAK DRIVE, SUITE 300 NAPLES, FL 34101 7907 34108 DATE FILED 8/28/98 AUGUST, 1998 Amended Exhibit "A" DATE APPROVED BY c` PG BCC 11 -10 -98 n A TT A PPREWED Dy BGG ORDINANCE NUMBER 98 -91 DATE FILED AMENDED BY ORDINANCE ]L 7F TABLE OF CONTENTS PAGE STATEMENT OF COMPLIANCE ii i SHORT TITLE SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, & 1 -1 GENERAL DESCRIPTION SECTION II PROJECT DEVELOPMENT 2 -1 2.1 Purpose 2.2 General Description of the Project and Proposed Land Uses 2.3 Compliance with County Ordinances 2.4 Land Use Summary 2.5 Lake Siting 2.6 Fill Storage 2.7 Use of Right -of -Way 2.8 Sales Office and Construction Office 2.9 Changes and Amendments to PUD Document or PUD Master Plan 2.10 Preliminary Subdivision Plat Phasing 2.11 Open Space and Native Vegetation Retention Requirements 2.12 Surface Water Management 2.13 Environmental 2.14 Utilities 2.15 Transportation 2.16 Common Area Maintenance 2.17 Design Guidelines and Standards 2.18 Landscape Buffers, Berms, Fences and Walls 2.19 Signage 2.20 Public Places 2.20 General Permitted Uses SECTION III COMMERCIAL DEVELOPMENT 3 -1 3.1 Purpose 3.2 General Description 3.3 Permitted Uses and Sections 3.4 Development Standards EXHIBIT A GRANADA SHOPPES PUD MASTER PLAN. (WMB&P File No. EXHIBIT A -1 F 0690 008) SHOPPING AREA PEDESTRIAN WAY EXHIBIT A -2 PARKING AREA PEDESTRIAN WAY EXHIBIT A -3 PERIMETER PEDESTRIAN WAY EXHIBIT A -4 BUILDING SETBACK AND LANDSCAPE PLAN FOR NORTHWEST PORTION OF SITE BORDERING U.S. 41 EXHIBIT B LEGAL DESCRIPTION n 17F STATEMENT OF COMPLIANCE The purpose of this section is to express the intent of the Granada Shoppes Associates, Ltd., hereinafter referred to as the Developer, to create a Planned Unit Development (PUD) on 39.23± acres of land located in Section 27, Township 48 South, Range 25 East, Collier County, Florida. The name of this Planned Unit Development shall be Granada Shoppes. The development of this site will be in compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan. The development will be consistent with the policies and land development regulations adopted thereunder of the Growth Management Plan Future Land Use Element and other applicable regulations for the following reasons: 1. The subject property is within the Urban Commercial District, Mixed Use Activity Center Subdistrict as identified on the Future Land Use Map. This District is intended to accommodate the majority of all new commercial zoning in the County. The Mixed Use Activity Center Subdistrict boundaries are flexible, and the boundaries as shown of the FLUE Map may be modified through the use of the Master Planned Activity Center designation where the Developer maintains unified control of a majority of a quadrant in a Mixed Use Activity Center. The Developer owns the entirety of the Southeastern quadrant of Mixed Use Activity Center #2 and the proposed project boundaries represent the use of the Master Planned Activity Center concept. The proposed development is consistent with both the existing Collier County Comprehensive Plan and the reeently adopted plan amen4ments. Under the existing Plan, the project qualifies as a Master Planned Activity Center as it is a unified plan of development in the form of a PUD which eneompasses at least one ftill quadrant of allows flexibility in the boundaries, --*--- &K& joe4io, of uses permitted within an aetivity eenter, ineluding the edifieation of the square tonfiguration. beanies (includina modification during final site desian), mix and location of uses within a master planned activity center, and permits modification of the square configuration of activity center quadrants if the applicant has unified control of a majority of a quadrant. The Plan provides that 100% of the acreage within the activity center is eligible for commercial uses. 2. Granada Shoppes is compatible with and complementary to existing and zoned future land uses surrounding the project as required in Policy 5.4 of the FLUE. 3. Site and building improvements will be in compliance with applicable land development regulations as set forth in Objective 3 of the FLUE, unless and to the extent amended herein. 17F ii4. The development of Granada Shoppes will result in a well - designed commercial project, through coordinated and regulated signage, building design, vehicular and pedestrian access, and landscaping and will further the intent of Policies 3.1.E and F of the FLUE. 5. The development of Granada Shoppes will be designed in a manner consistent with Policy 4.6 and the factors applicable to the Mixed Use Activity Center Subdistrict, which address access management, and on -site traffic and pedestrian circulation, Meister . 6. Granada Shoppes does not meet the mirtimum thresholds criteria for a Development of Regional Impact (DRI), pursuant to Chapter 380.06, Florida Statutes, 1997, i that it is at development- pttrsttant 11%, r,"X�%,J! The Florida Department of Community Affairs (DCA) has reviewed and issued aee binding letter for the project. 87. The Granada Shoppes will be developed consistent with the Collier County Access Management Plans, as required in Section 2.6.38 of the Collier County Land Development Code. 98. Granada Shoppes has received a waiver from the historical /archeological survey and assessment requirements of Section 2.2.25.3.10 of the Land Development Code due to the site's location in a low potential area for containing historical /archeological artifacts. The developer will comply with Section 2.2.25.8.2 of the Land Development Code should accidental discovery of any historic or archeological site, significant artifact, or other indicator occur during site development or building construction. FM LM 17F SHORT TITLE This ordinance shall be known and cited as the "GRANADA SHOPPES PLANNED UNIT DEVELOPMENT ORDINANCE ". Im � r SECTION I 1 a/ 1 LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION 1.1 PURPOSE The purpose of this section is to set forth the legal description and ownership of Granada Shoppes, and to describe the existing condition of the property proposed to be developed. 1.2 LEGAL DESCRIPTION Please refer to Exhibit `B ". 1.3 PROPERTY OWNERSHIP The subject property is currently under the equitable ownership or control of 9eean Bottlevard , GRANADA SHOPPES ASSOCIATES. LTD., a Florida limited partnership, or its assigns, whose address is 2640 Golden Gate Parkway Suite 115, Naples, FL 34105, and Ocean Boulevard Partnership II, whose address is 2600 Golden Gate Parkway, Naples, F134105. 1.4 GENERAL DESCRIPTION OF PROPERTY A. The project site is located in Section 27, Township 48 South, Range 25 East, and is generally bordered on the west by U.S. 41 and commercially developed property. To the south lies the Bay Colony Golf Course, which is part of the Pelican Marsh DRI. To the east lies Agriculturally zoned and utilized property. Immediately north lies Immokalee Road, and commercially designated and developed Riverchase Shopping Center, which is part of the Collier Tract 22 DRI. B. The zoning classification of the subject property at the time of original PUD application is was A (Agricultural). C. Elevations within the site are approximately 7.5 to 9 feet -NGVD. Per FEMA Firm Map Panels No. 1200670193D, dated June 3, 1986, the Granada Shoppes property is located within Zones "AE -11" of the FEMA flood insurance rate map. D. The soil types on the site generally include Riviera limestone substratum, Copeland fine sand, Pineda fine sand, Immokalee fine sand, Myakka fine sand, Basinger fine sand, Rivieria fine sand, Ft. Drum and Malabar fine sand, and Satellite fine sand. I -1 z 7F E. Prior to development, vegetation on the site primarily consists of active croplands and small amounts of pine flatwoods along the north and west boundaries with varying degrees of Brazilian Pepper infestation. F. The project site is located within the Pine Ridge Canal and West Branch Cocohatchee River sub - basins, as depicted within the Collier County Drainage Atlas (July 1995). The South Florida Water Management District has required off -site discharge to the Pine Ridge Canal. 1 -2 17F ;, , SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE The purpose of this Section is to generally describe the plan of development for Granada Shoppes, and to identify relationships to applicable County ordinances, policies, and procedures. 2.2 GENERAL DESCRIPTION OF THE PROJECT AND PROPOSED LAND USES A. Granada Shoppes is a 39.23 acre mixed-use retail commercial and office development which will consist of general and specialty retail shops, restaurants, business and professional offices, a hotel and financial institutions. Granada Shoppes shall establish project -wide guidelines and standards to ensure a coordinated and. consistent level of quality for proposed features and facilities. B. The PUD Master Plan is illustrated graphically on Exhibit A 3e-.+ile N- - 0690 -008). A Land Use Summary indicating approximate land use acreages is shown on the plan. The location, size, and configuration of individual tracts shall be determined at the time of County development approvals in accordance with the Collier County Land Development Code (LDC). C. The Project shall contain a maximum of 300,000 square feet (gross building area) of retail commercial uses and a maximum of 90,000 square feet (gross building area) of office uses. A hotel containing a maximum of 175 room, units, or suites, may be constructed on the site If a hotel is constructed, the retail and office uses shall be reduced to 280 000 rog_ss square feet and 10,000 gross square feet, respectively. 2.3 COMPLIANCE WITH COUNTY ORDINANCES A. Regulations for development of Granada Shoppes shall, be in accordance with the contents of this PUD Ordinance, and to the extent they are not inconsistent with this PUD Ordinance ands applicable sections of the LDC; which is are in effect at the time of issuance of any development order. Where this PUD Ordinance does not provide development standards, then the provisions of the specific section of the LDC that is otherwise applicable shall apply. B. Unless otherwise defined herein, or as necessarily implied by context, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of development order application. II -1 17F C. Development permitted by the approval of this PUD will be subject to the Adequate Public Facilities Ordinance, Division 3.15 of the LDC. D. All conditions imposed herein or as represented on Granada Shoppes Master Plan are part of the regulations which govern the manner in which the land may be developed. E. The Developer shall submit to the County an annual PUD monitoring report in accordance with LDC Section 2.7.3.6. 2.4 LAND USES A. The location of land uses and general project configuration are shown on the PUD Master Plan, Exhibit A. Changes and variations in building tracts, location and acreage of these uses shall be permitted at time of County site development plan approval to accommodate utilities, topography, vegetation, and other site and market conditions, subject to the provisions of Section 2.7.3.5. of the Collier County LDC. The specific location and size of individual tracts and the assignment of square footage or units shall be determined at the time of County site development plan approval. B. Roads and other infrastructure may be either public, private or a combination of public and private, depending on location, design and purpose. The request for a road to be public shall be made by the Developer at the time of final County development approval. The Developer or its assignees shall be responsible for maintaining the roads, streets, drainage, common areas, and water and sewer improvements where such systems are not dedicated to the County. Standards for roads shall be in compliance with the applicable provisions of the County LDC, unless otherwise approved during County development approval. The Developer reserves the right to request substitutions to Code design standards in accordance with Section 3.2.7.2. of the LDC. 2.5 LAKE SITING, EXCAVATION AND SETBACK REQUIREMENTS A. As depicted on the PUD Master Plan, lakes have beeli preliminarily sited, with the ultimate location and configuration to be determined during the site development review stages of project development. The goal of this Master Plan is to achieve an overall aesthetic character for the project by designing the surface water management system lakes as an integral feature of the project, and to utilize the lakes as a waterfront amenity for the public as well as tenants of the project. In that regard, exceptions from slopes and setbacks may be requested during the site plan review process. II -2 17F B. Fill material from lakes is planned to be utilized within the project site; however, excess fill material may be transported off -site. The volume of material to be removed shall be limited to ten percent of the calculated excavation volume to a maximum of 20,000 cubic yards. If the Developer wishes to- remove additional material from the project site, a commercial excavation permit will be required. C. Lake banks and edge of water may be sculpted for aesthetic purposes and to complement the overall project theme and may use combinations of vertical bulkheads (rock, concrete, wood), vegetation and earthen berms for aesthetic purposes, consistent with the intent of Section 2.8.3.7.4 of the LDC. D. Final lake area determinations shall be in accordance with the South Florida Water Management District stormwater criteria and Section 3.5.7. of the LDC. 1. Setbacks: Lake excavations shall be located so that the control elevation shall adhere to the following minimum setback requirements, unless bulkheading is provided, per LDC and Florida Department of Transportation (FDOT) standards: a) Lakes and stormwater management features may be located adjacent to internal roads. The roads will be designed to (AASHTO) road standards and shall incorporate such factors as road alignment, travel speed, bank slope, road cross sections, and need for barriers. b) Lakes and stormwater management features shall be set back a minimum of twenty feet (20') from Immokalee Road or U.S. 41 rights -of -way, providing appropriate County and FDOT barriers are installed where required. 2.6 FILL STORAGE A. Fill storage is generally permitted as a principal use throughout the Granada Shoppes PUD during development phases of the project. The following standards shall apply for stockpiled excavation material: 1. Stockpile maximum height: Thirty -five feet (35') 2. Fill storage areas in excess of five feet (5') in height shall be separated from developed areas by fencing, excavated water bodies or other physical barriers if the side slope of the stockpile is steeper than 4:1. II -3 17F a) Soil erosion control shall be provided in accordance with LDC Division 3.7. 2.7 USE OF RIGHTS -OF -WAY The Developer may place landscaping, signage, lighting, water management facilities, berms, decorative walls and fences, utilities or decorative entry features within any public or private rights -of -way adjacent to or within the Granada Shoppes, if the applicable agency's permits and approvals are acquired. 2.8 SALES OFFICE AND CONSTRUCTION OFFICE Sales offices, construction offices, and other uses and structures related to the promotion, leasing and sale of real estate such as, but not limited to, pavilions, parking areas, and signs, shall be permitted principal uses throughout Granada Shoppes PUD. These uses may be either wet or dry facilities. These uses shall be subject to the requirements of Section 2.6.33.4. Section 3.2.6.3.6. and Division 3.3 of the LDC, with the exception that the temporary use permit shall be valid through the life of the project with no extension of the temporary use required. These uses may use temporary septic tanks or holding tanks for waste disposal subject to permitting under F.A.C. 10D -6 and may use potable water or irrigation wells, except that no septic systems or holding tanks shall be permitted upon issuance of the Certificate of Occupancy for the specific facility. 2.9 CHANGES AND AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN A. Changes and amendments may be made to this PUD Ordinance or PUD Master Plan as provided in Section 2.7.3.5. of the LDC. Minor changes and refinements as described herein may be made by the Developer in connection with any type of development or permit application required by the LDC. B. The Community Development and Environmental Services Administrator shall be authorized to approve minor changes and refinements to the Granada Shoppes Master Plan upon written request of the Developer or his assignee. C. The following limitations shall apply to such requests: 1. The minor change or refinement shall be consistent with the Collier County Growth Management Plan and Granada Shoppes PUD document. 2. The minor change or refinement shall not constitute a substantial change pursuant to Section 2.7.3.5.1. of the LDC. II -4 17F aw 3. The minor change or refinement shall be compatible with external adjacent land uses and shall not create detrimental impacts to abutting land uses, water management facilities, and conservation areas. D. The following shall be deemed minor changes or refinements: 1. Reconfiguration of lakes, ponds, canals, or other water management facilities where such changes are consistent with the criteria of the South Florida Water Management District and Collier County. 2. Internal realignment of rights -of -way or internal drives. 3. Reconfiguration of parcels per Section 2.4 of this PUD. E. Minor changes and refinements as described above shall be reviewed by appropriate Collier County staff to ensure that said changes and refinements are otherwise in compliance with all applicable County Ordinances and regulations prior to the Community Development and Environmental Services Administrator's consideration for approval. F. Written approval by the Community Development and Environmental Services Administrator of a minor change or refinement may occur independently from and prior to any application for Subdivision or Site Development Plan approval, however such approval shall not constitute an authorization for development or implementation of the minor change or refinement without first obtaining all other necessary County permits and approvals. 2.10 PRELIMINARY SUBDIVISION PLAT PHASING In the event platting is required, submission, review, and approval of Preliminary Subdivision Plats for the project may be accomplished in phases to correspond with the planned development of the property. 2.11 OPEN SPACE AND NATIVE VEGETATION RETENTION REQUIREMENTS The PUD will comply with Section 2.6.32 and Division 3.9 of the LDC relating to open space and retention of native vegetation. 2.12 SURFACE WATER MANAGEMENT Pursuant to delegation from the SFWMD, Collier County will issue the surface water management permit for the water management system which will be designed in accordance with the Rules of the South Florida Water Management District (SFWMD), Chapters 40E -4 and 4 -E -40. II -5 17f 2.13 ENVIRONMENTAL A. An Environmental Impact Statement waiver was requested by the Developer and approved by the Collier County Planning Services Department, Environmental Review Section staff due to prior agricultural activities on the site, pursuant to Section 3.8.9 of the Land Development Code. B. Other permits will be obtained from applicable State, Federal and Local agencies as appropriate. 2.14 UTILITIES All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in compliance with applicable regulations in effect at the time approvals are requested. 2.15 TRANSPORTATION A. The Developer shall provide appropriate left and/or right turn lanes on Immokalee Road and U.S. 41 at the project entrances. Such turn lanes shall be in place prior to the issuance of any Certificates of Occupancy for a use that utilizes the perspective /associated entrance. B. There shall be full access, signalized intersections at the project's eastern entrance on Immokalee Road and U.S. 41 entrance at 107th Avenue. The Developer shall provide a fair share contribution toward the capital cost of traffic signals. C. Future access points to Immokalee Road and U.S. 41 are those shown on the Granada Shoppes Master Plan. Access to U.S. 41 is subject to approval and permitting by FDOT and locations may be modified from those shown on the site plan as determined during the permitting process. D. Arterial level street lighting shall be provided by the Developer at the project's main entrances in conjunction with the development of these entrances. E. Road impact fees and credits shall be in accordance with the provisions of Ordinance 92 -22, as amended. F. County staff will prepare an amendment to the County Transportation Plan to include as a County minor collector road a roadway that would link U.S. 41, east to Goodlette -Frank Road through the Granada Shoppes entrance and PUD then to the south road in the Creekside Commerce Park PUD, in a manner compatible with the adjacent properties. When said roadway is officially added to the County's transportation network, the County and Developer shall enter into an agreement whereby developer shall grant (at no cost to the County) a sixty -four II -6 17F (64) foot road right -of -way easement for said roadway from U.S. 41 to Goodlette -Frank Road, and shall be required to construct the County road so it is completed no later than sixty (60) days after a certificate of occupancy is issued for the Granada Shoppes Center. Said agreement shall provide that the Developer will receive impact fee credits for the design and construction of said improvements from U.S. 41 to Goodlette -Frank Road. G. If Board of County Commissioners decides to grant Naples Park's request to block access from U.S. 41 to 107' Avenue North and 108'h Avenue North as per the plans requested by Naples Park and made a part of the record in this proceeding, Developer agrees to pay for the closing of 107'h and 108" Avenues North if said closure is pursuant to said plan and is accomplished prior to November of 2003. 2.16 COMMON AREA MAINTENANCE Common area maintenance, including maintenance of the surface water management system, will be provided by the Developer. 2.17 DESIGN GUIDELINES AND STANDARDS A. The Collier County Planned Unit Development District is intended to encourage ingenuity, innovation and imagination in the planning, design and development or redevelopment of relatively large tracts of land under unified ownership as set forth in the LDC, Section 2.2.20. B. Granada Shoppes PUD is planned as a functionally interrelated commercial site under unified control. The Developer will establish guidelines and standards to ensure quality for both the common areas and the individual parcel developments. All development will meet and enhance LDC Division 2.8, Architectural and Site Design Standards and Guidelines. C. The Granada Shoppes PUD will feature an integrated and compatible architectural building style or theme, which will be incorporated into the primary retail center, and all free standing uses. Massing of building facades will be reduced by transitioning building heights, widths and _colors, and adding architectural elements such as loggias, canopies, corner towers, archways, or columns, which will form courtyard -like areas, appropriately scaled for public gathering spaces. These treatments will create visual interest and variety, while providing visitors to the project, a pedestrian- friendly atmosphere. Building architectural styles shall be compatible and complementary throughout project, and shall feature unifying and complementary elements such roof treatments, signage, landscaping and building materials and building colors. II -7 17f "1� D. The Granada Shoppes PUD will be a fully integrated planned site, where attention to the overall site design is achieved by providing well designed and integrated vehicular use areas, pedestrian paths, and architecturally unified signage, landscaping, and lighting throughout the site. 1. Common Areas a) Internal roadways will provide efficient vehicular circulation and will be designed with streetscapes that create pedestrian- friendly environments. Streetscape plans will be designed to establish a hierarchy of vehicular and pedestrian flow with landscape improvements appropriate in scale and character with the function of the street and adjacent land uses. The intent is to link uses throughout the project by designing appropriately located and scaled pedestrian and vehicular circulation routes. b) Project architectural features will be developed within common areas of the project and will be coordinated in design, color, and style. Architectural features shall be permitted throughout the site. C) Lake banks and water management features will be designed with edge offsets to complement the building architectural style and landscape features of the project. 2. Free - Standing Uses a) Site Planning: Each free - standing use will provide a visually appealing, articulated, identifiable path of entry for pedestrians and vehicles from the internal drive to the site and from the site to the buildings themselves. The orientation of a building or structure upon a site will not only reflect the project's functional need, but will also be responsive to the individual parcel's characteristics and relationship to the project and vehicle and pedestrian access ways. When adjacent to a project lake, buildings may be oriented to the lake feature and may provide ,decks, walkways, and/or seating areas adjacent to or over the water feature, depending upon the compatibility of such features with the type of business located on the parcel. b) Architectural standards: Design elements for free - standing use shall be compatible and complementary with the architectural theme of the project, including building materials, roof materials, colors, signage, lighting, and landscaping. 11 -8 17F C) Building lighting design will be architecturally treated in the style of the building architecture. Similarly styled pedestrian level lighting fixtures will be located along all pedestrian pathways. d) Landscaping: Landscape design guidelines for free - standing uses will create a harmonious and visually pleasing landscape that is cohesive and complementary to the overall master landscape plan. The Granada Shoppes PUD landscape concept will feature combinations of native plants and ornamental varieties which will be designed to define and accent pedestrian and vehicular spaces, as well as enhance the building architectural style. Landscape designs will create a coherent theme, which emphasizes plant material as a primary unifying element. (1) Landscape elements along public rights -of -way will be complementary to streetscape landscaping. Hedge material required to be installed to separate parking areas from rights -of -way shall be installed adjacent to the parking areas. Parcel entries will be designed to harmonize with adjacent streetscape landscaping, and clearly accentuate, the parcel entry. (2) Landscaping materials will be utilized to define the main site and building entrances. e) Graphics /signage: Sign graphics serve to provide continuity of design for all signage in the project, consistent with the overall visual impression of the project. All monument signage shall be housed within an architecturally uniform sign structure. 2.18 LANDSCAPING, BERMS, FENCES AND WALLS Landscaping, berms, fences and walls are permitted as a principal use throughout Granada Shoppes. Required buffer treatments shall terminate at entrances to accommodate entrance treatments and at lakes to accommodate views into the project. The following standards shall apply: A. Landscape buffers contiguous to Immokalee Road rights -of -wy way and U.S 41 rights -of -way will be installed at the time of site development or subdivision improvement and will have the following characteristics: 1. Minimum width of 20' -0 ", measured from the property line. The minimum number of required trees shall be calculated at 1 tree per 25' linear feet. Plantings shall not be required to be planted on 25' centers in a linear manner, but may be clustered or planted in irregular patterns to H-9 17F provide greater buffers in certain areas and to provide view corridors of key project features in order to create greater visual interest. 2. The height of required trees within the buffers shall be 12' on average. Canopy trees shall have a 6' canopy spread at the time of planting. 3. Hedges, where required by the Collier County Land Development Code (LDC) shall be installed in accordance with LDC Division 2.4, Landscaping and Buffering. B. Landscape buffers contiguous to the agriculturally zoned parcel immediately east of the Granada Shoppes shall be a Type "A" buffer and will be installed at the time of site development or subdivision improvement and will have the following characteristics: 1. Minimum width of 10', measured from the property line. The minimum number of required trees shall be calculated at 1 tree per 30 linear feet. 2. Canopy trees will be planted at an initial height of 12' on average, with a 6' spread. C. Landscape buffers contiguous to the Pelican Marsh PUD shall be Type "A" buffers. D. Landscape buffers, berms, fences and walls may be constructed along the perimeter of the Granada Shoppes PUD boundary concurrent with site development or subdivision improvement. E. Sidewalks, signage, water management systems, drainage structures, project architectural features, and utilities shall be permitted within landscape buffers. F. Landscape berms located within the Granada Shoppes PUD boundary and contiguous to a property line and/or right -of -way line may be constructed such that they encroach into the right -of -way when approved by the applicable owner or agency. 2.19 SIGNAGE A. GENERAL 1. All ground mounted project and free - standing use signs shall be of consistent architectural style and shall feature like building materials and sign structures. Sign structures will be uniform in size, color and building material. Pole signs shall be prohibited. II -10 17F 2. Pursuant to Sections 2.8.3.6.2.1 of the LDC, the following conditions provide for the required comprehensive sign plan for the Granada Shoppes. All sign regulation, pursuant to Collier County Division 2.5 shall apply unless such regulations are in conflict with any conditions established in this PUD, in which case the PUD Document shall govern. a) Free - standing use parcels shall be considered a separate single use parcel of land for the purposes of this PUD so that signage may comply with the LDC requirements. b) Signs and decorative landscaped entrance features within a County dedicated right -of -way shall require a right -of way permit subject to the review and approval of the County and FDOT where applicable. C) A minimum setback of 5' from edge of pavement shall be required, except that no sign shall be located so as to create a vehicular line of site obstruction. d) All project sign structures may feature architectural treatments which shall be permitted to extend above the maximum height of the sign specified herein. B. PROJECT IDENTIFICATION SIGNS 1. One project directory sign, with a maximum of 250 square feet of sign copy per side and a maximum sign copy height of 25', shall be permitted per public right -of -way frontage. The directory sign may be permitted within the medians of project entry drives generally depicted on the Master Plan. 2. Project identification signs shall be located as generally depicted on the PUD Master Plan. Project identification signs shall be monument or wall mounted signs and feature only the project name, insignia or motto of the development. 3. Project identification sign copy will not exceed 100 square feet in size on any side, and shall not exceed a maximum height of 10' above finished grade, except for architectural detail treatments. 4. No minimum setback shall be required, except that no sign shall be so located so as to create vehicular line of site obstructions. C. FREE - STANDING USE MONUMENT SIGNS 11 -11 17F Each free - standing use shall be permitted one monument sign per public road or private drive frontage. 2. Maximum permissible sign copy shall be 100 square feet per side for public road frontage and 80' for private road frontage. 3. For public road frontage, the maximum height of the sign copy shall be 10' above finished grade. Architectural details of the sign structure may project above the 10' height; however, no part of the sign or sign structure shall exceed 12' in height above finished grade. 4. For private drive frontage, the maximum height of the sign copy shall be 8' above finished grade. Architectural details of the sign structure may project above the 8' height; however, no part of the sign or sign structure shall exceed 10' in height above finished grade. D. TRAFFIC SIGNS Traffic signs such as street name signs, stop signs, and speed limit signs, may be designed to reflect an alternative specification and common architectural theme upon approval by the Development Services Director, in accordance with Section 3.2.8.3.19. of the LDC. 2.20 PUBLIC PLACES A. GENERAL. The Granada Shoppes will provide a variety of publicly accessible amenities which will further the project's commitment to complement and enhance Collier County's Architectural and Site Design Guidelines, and serve to provide a sense of place for the community. B. PUBLIC ARCHITECTURAL FEATURES A publicly accessible architectural feature such as a pergola, pavilion, gazebo, courtyard, observation deck or similar feature shall be constructed at the intersection of Immokalee Road and U.S. 41. Such feature shall be architecturally unified with the project's overall design theme and linked to the project's pedestrian pathway network. The public space shall be a minimum of 300 square feet in size and provide seating for the public and patrons of Granada Shoppes. The feature may have project identification signage which will meet the sign copy criteria of 2.1913 of this PUD. 11 -12 17F 2. Decorative architectural features shall be permitted throughout the Granada Shoppes PUD, and shall be permitted within or adjacent to pedestrian pathways. C. PEDESTRIAN PATHWAY NETWORK 1. A pedestrian way network shall be established throughout the project as shown conceptually on the PUD Master Plan. The pedestrian system will serve to link the primary shopping and office areas with free - standing uses at the perimeter of the project site, by providing a landscaped walkway protected from vehicular traffic movements. Any required breaks in the pedestrian network for vehicular access to the site shall be identified through use of pavers, signage, or other traffic calming techniques deemed appropriate to reduce the speed of vehicles and provide safe pedestrian movements throughout the site. a) Shopping Area Pedestrian Way The shopping area pedestrian way (Exhibit A -1) shall be a wide intermittently covered walkway, featuring pavers or stamped concrete surfaces. This pedestrian way shall include architectural features such as fountains, courtyards, arbors or similar design features, and decorative landscape plantings. This pathway shall have a minimum unobstructed pedestrian way of 10' average width. Seating and decorative landscape plantings shall be provided intermittently along the pathway and at all primary tenant entrances. b) Parking Area Pedestrian Way The parking area pedestrian way (Exhibit A -2) shall be located generally within the parking area as shown on the PUD Master Plan. This pedestrian way system will be designed to promote safe and convenient linkage from the parking areas to both the perimeter free - standing uses and the shopping area. Vehicular crossings will be identified with signage, landscaping and clearly marked through use of varied pavement treatments or other traffic calming techniques. This pedestrian way system shall be a minimum of 14' in width, with a minimum 6' wide paver, stamped concrete or banded concrete pedestrian pathway. This pedestrian pathway way will feature canopy trees or palms with ground level landscape plantings. Canopy trees or palms will be planted within adjacent parking landscape islands. Canopy trees or palms shall be planted along the pedestrian way system and shall be a minimum II -13 17F 12' high with a 6' spread for canopy trees and equivalent specification for shade palms, at the time of planting. C) Perimeter Pedestrian Way The perimeter pedestrian way (Exhibit A -3) system is designed to link free - standing uses with the parking and shopping area pedestrian way as shown on the PUD Master Plan. Vehicular crossings will be identified with signage, landscaping and clearly marked through use of varied pavement treatments or other traffic calming techniques. This pedestrian way system will be a minimum of 15' wide and will feature a meandering 6' wide paver, stamped concrete or concrete path with meandering landscape treatments. Seating shall be provided intermittently along the pathway system, adjacent to public use areas. 2.21 GENERAL PERMITTED USES A. Certain uses shall be considered general permitted uses throughout the Granada Shoppes PUD. General permitted uses are those uses, which generally serve the Developer and tenants of Granada Shoppes and are typically part of the common infrastructure. B. General Permitted Uses: 1. Essential services as set forth under LDC, Section 2.6.9.1. 2. Water management facilities and related structures. 3. Temporary sewage treatment facilities. 4. Lakes including lakes with bulkheads or other architectural or structural bank treatments. 5. Architectural features and elements including walls, fences, arbors, gazebos, streetscape amenity features and the like. 6. Temporary construction, sales, and administrative offices for the Developer and Developer's authorized contractors and consultants, including necessary access ways, parking areas and related uses. 7. Landscape features including, but not limited to, landscape buffers, berms, fences and walls subject to the standards set forth in Section 2.11 of this PUD. II -14 17f 8. Fill storage subject to the standards set forth in Section 2.7 of this PUD. Site filling and grading as set forth in Section 2.7 of this PUD. 9. Any other use which is comparable in nature with the foregoing uses and which the Community Development and Environmental Services Administrator determines to be compatible. 10. Kiosk vendors 11. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein are to be in accordance with the LDC provision in effect at the time of Site Development Plan Approval. 12. Shared parking between the primary retail facility and free - standing uses, including the hotel and office uses, shall be permitted throughout the site. Each free - standing use shall not be required to provide 100% of the LDC minimum parking on the project site; however, the total parking provided for the Granada Shoppes shall meet or exceed the minimum parking required for the combined land uses. II -15 SECTION III COMMERCIAL 3.1 PURPOSE 17F The purpose of this section is to identify permitted uses and development standards for areas within Granada Shoppes designated on the Master Plan as Retail ate, Office and Hotel uses. _ 3.2 GENERAL DESCRIPTION Areas designated as "R/O" and "R/O/H" on the PUD Master Plan are intended to provide a maximum of 300,000 square feet (gross building area) of retail;; ffiee aft and service uses, and a maximum of 90,000 square feet (gross building area) of general and professional office uses on a maximum of 32 acres. Areas iridieat "^ A hotel containing a maximum of 175 rooms units or suites may be located on the parcel designated "R/O/H" on the PUD Master Plan are intended exeltisively for general aftd professional offiee uses mid permit a Maximum of 90,000 square feet (gross building If the hotel is developed on the site, the maximum amounts of retail /service and office uses located in areas designated "R/O" on the PUD Master Plan shall be reduced to 280,000 square feet and 10,000 square feet respectively. If the parcel designated "R/O/H" on the PUD Master Plan is developed with a hotel use no floor area ratio shall be applicable to it. Eating and Drinking Places shall not exceed 25% of the project's total retail commercial square footage, unless additional parking spaces are provided for restaurant uses; however, eating and drinking places accessory to the hotel use shall not be included in this limitation. 3.3 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: 1. All permitted uses in the C -4 Zoning District of the Collier County Land Development Code, as of August 28, 1998 except: a)) Agricultural Services (groups 0711 -0783) b) Amusements and Recreation (Outdoor - groups 7948, 7992, 7996 and 7999) ME 17f ',, 17f' C) Automotive Repair Facilities (7532 -7539) d) Hospitals (8062 -8069) e) Membership Organizations (8611 -8699) f) Outdoor Retail Nurseries, Lawn and Garden Supply Stores (526 1) g) Marinas (4493) h) Pawnshops (5932) i) Group Care Facilities 2. Kiosk Vendors 3. Retail Home and Garden Centers (5211, 5251) B. Permitted Accessory Uses and Structures 1. Accessory uses and structures customarily associated with principal uses permitted in this district. 2. Outdoor dining shall be permitted as an accessory use to the hotel and to a restaurant, provided adequate pedestrian accessibility is provided. 3.4 DEVELOPMENT STANDARDS A. Minimum Lot Area: 20,000 S.F. B. Minimum Lot Width: 100 FT. C. Minimum Yard Requirements: 1. Principal Permitted Uses a) Immokalee Rd. and U.S. 41: Forty feet (40'), except that the minimum building setback in the northwest portion of the site bordering U.S. 41 shall be as depicted on Exhibit A -4 b) Internal Frontage Drives: Fifteen feet (15') C) Distance Between Free Standing Uses: Thirty feet (30') III -2 17F .1 d) Waterfront: Zero feet (0') to bulkhead or riprap at top of bank e) Minimum Building Setback from Non - Right -of -Way Perimeter Project Boundary of PUD: i. Thirty feet (30') for buildings up to 50' in height ii. Fifty feet (50') for buildings greater than 50' in height. 2) Accessory Structure Setbacks: a). Front Yard: i. Roofed parking facilities- Twenty feet (20') b) Side Yard: i. Common Architectural Features- Zero feet (0') ii. Roofed parking facilities- Ten feet (10') C) Lake Bank: i. Common Architectural Features -Zero feet (0') ii. Seating areas- Zero feet (0') 3) Streetscane amenity features: no minimum setback is required D. Maximum Height: 1. Retail Buildings: Two - stories, not to exceed fifty feet (50') 2. Office Buildings: Four - stories, not to exceed sixty feet (60') 3. Hotel: Not to exceed sixty feet 60') 4. Architectural features: Seventy -five feet (75') 111 -3 17F This redlined draft, generated by CompareRite (TM) - The Instant Redliner, shows the differences between - original document : F: \USERS\BETSY\WP9\BARRON COLLIER \GRANADA SHOPPES \GRANADA SHOPPES STORM ORG .WPD and revised document: F: \USERS\BETSY\WP9 \BARRON COLLIER \GRANADA SHOPPES \GRANADA SHOPPES STORM CLEAN REV.] 130.00.WPD CompareRite found 63 change(s) in the text Deletions appear as Strikethrough text Additions appear as Underline text III -4 ORDINANCE NO.O 1- 17 17F Ig AN ORDINANCE AMENDING ORDINANCE NUMBER 91 -102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 8527N BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS THE GRANADA SHOPPES PUD FOR PROPERTY LOCATED ON THE SOUTHEAST CORNER OF U.S. 41 AND IMMOKALEE ROAD (S.R. 846), IN SECTION 27, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 39.23± ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 98 -91, AS AMENDED, THE FORMER "GRANADA SHOPPES" PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, George L. Varnadoe of Young, van Assenderp, Varnadoe & Anderson, P.A., representing Granada Shoppes Associates, Ltd., petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The Zoning Classification of the herein described real property located in Section 27, Township 48 South, Range 25 East, Collier County, Florida, is changed from "PUD" to "PUD" Planned Unit Development in accordance with the PUD Document, attached hereto as Exhibit "A ", which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Map numbered 8527N, as described in Ordinance Number 91 -102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: Ordinance Number 98 -91, as amended, known as the Granada Shoppes PUD, adopted on November 10, 1998, by the Board of County Commissioners of Collier County, Florida, is hereby repealed in its entirety. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. -1- 17F PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, thisv Oe4 day of _ TaAe� , 2001. ATTEST: DWIGHT E. BR,OCK, Clerk Attl s `ta Chafryran s Sig atui ply:; Approveds `to Form and Legal Sufficiency Marjorie bA. Student Assistant County Attorney GladminTUD -98- 14(1) /RN /im BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: 44— JAM D. CARTER, Ph.D., CHAIRMAN -2- GRANADA SHOPPES 17 F A PLANNED UNIT DEVELOPMENT 39.23± Acres Located in Section 27 Township 48 South, Range 25 East Collier County, Florida PREPARED FOR: GRANADA SHOPPES ASSOCIATES, LIMITED Amendment Prepared By: YOUNG, van ASSENDERP, VARNADOE & ANDERSON, P.A. 801 LAUREL OAK DRIVE, SUITE 300 NAPLES, FL 34108 AUGUST, 1998 Amended Exhibit "A" DATE APPROVED BY BCC 11 -10 -98 ORDINANCE NUMBER 98 -91 DATE FILED AMENDED BY ORDINANCE jdal -i7 TABLE OF CONTENTS 17F "gip PAGE STATEMENT OF COMPLIANCE ` SHORT TITLE SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, & 1 -1 GENERAL DESCRIPTION SECTION II PROJECT DEVELOPMENT 2 -1 2.1 Purpose 2.2 General Description of the Project and Proposed Land Uses 2.3 Compliance with County Ordinances 2.4 Land Use Summary 2.5 Lake Siting 2.6 Fill Storage 2.7 Use of Right -of -Way 2.8 Sales Office and Construction Office 2.9 Changes and Amendments to PUD Document or PUD Master Plan 2.10 Preliminary Subdivision Plat Phasing 2.11 Open Space and Native Vegetation Retention Requirements 2.12 Surface Water Management 2.13 Environmental 2.14 Utilities 2.15 Transportation 2.16 Common Area Maintenance 2.17 Design Guidelines and Standards 2.18 Landscape Buffers, Berms, Fences and Walls 2.19 Signage 2.20 Public Places 2.20 General Permitted Uses SECTION III COMMERCIAL DEVELOPMENT 3 -1 3.1 Purpose 3.2 General Description 3.3 Permitted Uses and Sections 3.4 Development Standards EXHIBIT A GRANADA SHOPPES PUD MASTER PLAN EXHIBIT A -1 SHOPPING AREA PEDESTRIAN WAY EXHIBIT A -2 PARKING AREA PEDESTRIAN WAY EXHIBIT A -3 PERIMETER PEDESTRIAN WAY EXHIBIT A -4 BUILDING SETBACK AND LANDSCAPE PLAN FOR NORTHWEST PORTION OF SITE BORDERING U.S. 41 EXHIBIT B LEGAL DESCRIPTION STATEMENT OF COMPLIANCE 7F The purpose of this section is to express the intent of the Granada Shoppes Associates, Ltd., hereinafter referred to as the Developer, to create a Planned Unit Development (PUD) on 39.23± acres of land located in Section 27, Township 48 South, Range 25 East, Collier County, Florida. The name of this Planned Unit Development shall be Granada Shoppes. The development of this site will be in compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan. The development will be consistent with the policies and land development regulations adopted thereunder of the Growth Management Plan Future Land Use Element and other applicable regulations for the following reasons: 1. The subject property is within the Urban Commercial District, Mixed Use Activity Center Subdistrict as identified on the Future Land Use Map. This District is intended to accommodate the majority of all new commercial zoning in the County. The Mixed Use Activity Center Subdistrict boundaries are flexible, and the boundaries as shown of the FLUE Map may be modified through the use of the Master Planned Activity Center designation where the Developer maintains unified control of a majority of a quadrant in a Mixed Use Activity Center. The Developer owns the entirety of the Southeastern quadrant of Mixed Use Activity Center #2 and the proposed project boundaries represent the use of the Master Planned Activity Center concept. The proposed development is consistent with the existing Collier County Comprehensive Plan. Under the Plan, the project qualifies as a Master Planned Activity Center as it is a unified plan of development in the form of a PUD which allows flexibility in the boundaries (including modification during final site design), mix and location of uses within a master planned activity center, and permits modification of the square configuration of activity center quadrants if the applicant has unified control of a majority of a quadrant. The Plan provides that 100% of the acreage within the activity center is eligible for commercial uses. 2. Granada Shoppes is compatible with and complementary to existing and zoned future land uses surrounding the project as required in Policy 5.4 of the FLUE. 3. Site and building improvements will be in compliance with applicable land development regulations as set forth in Objective 3 of the FLUE, unless and to the extent amended herein. 4. The development of Granada Shoppes will result in a well- designed commercial project, through coordinated and regulated signage, building design, vehicular and pedestrian access, and landscaping and will further the intent of Policies 3.1.E and F of the FLUE. 5. The development of Granada Shoppes will be designed in a manner consistent with Policy 4.6 and the factors applicable to the Mixed Use Activity Center Subdistrict, which address access management, and on -site traffic and pedestrian circulation. 6. Granada Shoppes does not meet the criteria for a Development of Regional Impact (DRI), pursuant to Chapter 380.06, Florida Statutes, 2000. The Florida Department of Community Affairs (DCA) has reviewed and issued a binding letter for the project. 7. The Granada Shoppes will be developed consistent with the Collier County Access Management Plans, as required in Section 2.6.38 of the Collier County Land Development Code. 8. Granada Shoppes has received a waiver from the historical /archeological survey and assessment requirements of Section 2.2.25.3.10 of the Land Development Code due to the site's location in a low potential area for containing historical /archeological artifacts. The developer will comply with Section 2.2.25.8.2 of the Land Development Code should accidental discovery of any historic or archeological site, significant artifact, or other indicator occur during site development or building construction. 17F M 17F SHORT TITLE This ordinance shall be known and cited as the "GRANADA SHOPPES PLANNED UNIT DEVELOPMENT ORDINANCE ". 7F SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION 1.1 PURPOSE The purpose of this section is to set forth the legal description and ownership of Granada Shoppes, and to describe the existing condition of the property proposed to be developed. 1.2 LEGAL DESCRIPTION Please refer to Exhibit `B ". 1.3 PROPERTY OWNERSHIP The subject property is currently under the equitable ownership or control of GRANADA SHOPPES ASSOCIATES, LTD., a Florida limited partnership, or its assigns, whose address is 2640 Golden Gate Parkway Suite 115, Naples, FL 34105, and Ocean Boulevard Partnership II, whose address is 2600 Golden Gate Parkway, Naples, Fl 34105. 1.4 GENERAL DESCRIPTION OF PROPERTY A. The project site is located in Section 27, Township 48 South, Range 25 East, and is generally bordered on the west by U.S. 41 and commercially developed property. To the south lies the Bay Colony Golf Course, which is part of the Pelican Marsh DRI. To the east lies Agriculturally zoned and utilized property. Immediately north lies Immokalee Road, and commercially designated and developed Riverchase Shopping Center, which is part of the Collier Tract 22 DRI. B. The zoning classification of the subject property at the time of original PUD application was A (Agricultural). C. Elevations within the site are approximately 7.5 to 9 feet -NGVD. Per FEMA Firm Map Panels No. 1200670193D, dated June 3, 1986, the Granada Shoppes property is located within Zones "AE -11 " of the FEMA flood insurance rate map. D. The soil types on the site generally include Riviera limestone substratum, Copeland fine sand, Pineda fine sand, Immokalee fine sand, Myakka fine sand, Basinger fine sand, Rivieria fine sand, Ft. Drum and Malabar fine sand, and Satellite fine sand. 17F E. Prior to development, vegetation on the site primarily consists of active croplands and small amounts of pine flatwoods along the north and west boundaries with varying degrees of Brazilian Pepper infestation. F. The project site is located within the Pine Ridge Canal and West Branch Cocohatchee River sub - basins, as depicted within the Collier County Drainage Atlas (July 1995). The South Florida Water Management District has required off -site discharge to the Pine Ridge Canal. I -2 SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE 17F 1 The purpose of this Section is to generally describe the plan of development for Granada Shoppes, and to identify relationships to applicable County ordinances, policies, and procedures. 2.2 GENERAL DESCRIPTION OF THE PROJECT AND PROPOSED LAND USES A. Granada Shoppes is a 39.23 acre mixed -use retail commercial and office development which will consist of general and specialty retail shops, restaurants, business and professional offices, a hotel and financial institutions. Granada Shoppes shall establish project -wide guidelines and standards to ensure a coordinated and consistent level of quality for proposed features and facilities. B. The PUD Master Plan is illustrated graphically on Exhibit A. A Land Use Summary indicating approximate land use acreages is shown on the plan. The location, size, and configuration of individual tracts shall be determined at the time of County development approvals in accordance with the Collier County Land Development Code (LDC). C. The Project shall contain a maximum of 300,000 square feet (gross building area) of retail commercial uses and a maximum of 90,000 square feet (gross building area) of office uses. A hotel, containing a maximum of 175 room, units, or suites, may be constructed on the site. If a hotel is constructed, the retail and office uses shall be reduced to 280,000 gross square feet and 10,000 gross square feet, respectively. 2.3 COMPLIANCE WITH COUNTY ORDINANCES A. Regulations for development of Granada Shoppes shall be in accordance with the contents of this PUD Ordinance, and to the extent they are not inconsistent with this PUD Ordinance, applicable sections of the LDC which are in effect at the time of issuance of any development order. Where this PUD Ordinance does not provide development standards, then the provisions of the specific section of the LDC that is otherwise applicable shall apply. B. Unless otherwise defined herein, or as necessarily implied by context, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of development order application. II -1 17F lie it C. Development permitted by the approval of this PUD will be subject to the Adequate Public Facilities Ordinance, Division 3.15 of the LDC. D. All conditions imposed herein or as represented on Granada Shoppes Master Plan are part of the regulations which govern the manner in which the land may be developed. E. The Developer shall submit to the County an annual PUD monitoring report in accordance with LDC Section 2.7.3.6. 2.4 LAND USES A. The location of land uses and general project configuration are shown on the PUD Master Plan, Exhibit A. Changes and variations in building tracts, location and acreage of these uses shall be permitted at time of County site development plan approval to accommodate utilities, topography, vegetation, and other site and market conditions, subject to the provisions of Section 2.7.3.5. of the Collier County LDC. The specific location and size of individual tracts and the assignment of square footage or units shall be determined at the time of County site development plan approval. B. Roads and other infrastructure may be either public, private or a combination of public and private, depending on location, design and purpose. The request for a road to be public shall be made by the Developer at the time of final County development approval. The Developer or its assignees shall be responsible for maintaining the roads, streets, drainage, common areas, and water and sewer improvements where such systems are not dedicated to the County. Standards for roads shall be in compliance with the applicable provisions of the County LDC, unless otherwise approved during County development approval. The Developer reserves the right to request substitutions to Code design standards in accordance with Section 3.2.7.2. of the LDC. 2.5 LAKE SITING, EXCAVATION AND SETBACK REQUIREMENTS A. As depicted on the PUD Master Plan, lakes have been preliminarily sited, with the ultimate location and configuration to be determined during the site development review stages of project development. The goal of this Master Plan is to achieve an overall aesthetic character for the project by designing the surface water management system lakes as an integral feature of the project, and to utilize the lakes as a waterfront amenity for the public as well as tenants of the project. In that regard, exceptions from slopes and setbacks may be requested during the site plan review process. II -2 17F ', { B. Fill material from lakes is planned to be utilized within the project site; however, excess fill material may be transported off -site. The volume of material to be removed shall be limited to ten percent of the calculated excavation volume to a maximum of 20,000 cubic yards. If the Developer wishes to remove additional material from the project site, a commercial excavation permit will be required. C. Lake banks and edge of water may be sculpted for aesthetic purposes and to complement the overall project theme and may use combinations of vertical bulkheads (rock, concrete, wood), vegetation and earthen berms for aesthetic purposes, consistent with the intent of Section 2.8.3.7.4 of the LDC. D. Final lake area determinations shall be in accordance with the South Florida Water Management District stormwater criteria and Section 3.5.7. of the LDC. 1. Setbacks: Lake excavations shall be located so that the control elevation shall adhere to the following minimum setback requirements, unless bulkheading is provided, per LDC and Florida Department of Transportation (FDOT) standards: a) Lakes and stormwater management features may be located adjacent to internal roads. The roads will be designed to (AASHTO) road standards and shall incorporate such factors as road alignment, travel speed, bank slope, road cross sections, and need for barriers. b) Lakes and stormwater management features shall be set back a minimum of twenty feet (20') from Immokalee Road or U.S. 41 rights -of -way, providing appropriate County and FDOT barriers are installed where required. 2.6 FILL STORAGE A. Fill storage is generally permitted as a principal use throughout the Granada Shoppes PUD during development phases of the project. The following standards shall apply for stockpiled excavation material: 1. Stockpile maximum height: Thirty -five feet (35') 2. Fill storage areas in excess of five feet (5') in height shall be separated from developed areas by fencing, excavated water bodies or other physical barriers if the side slope of the stockpile is steeper than 4:1. a) Soil erosion control shall be provided in accordance with LDC Division 3.7. 45j 17F 2.7 USE OF RIGHTS -OF -WAY The Developer may place landscaping, signage, lighting, water management facilities, berms, decorative walls and fences, utilities or decorative entry features within any public or private rights -of -way adjacent to or within the Granada Shoppes, if the applicable agency's permits and approvals are acquired. 2.8 SALES OFFICE AND CONSTRUCTION OFFICE Sales offices, construction offices, and other uses and structures related to the promotion, leasing and sale of real estate such as, but not limited to, pavilions, parking areas, and signs, shall be permitted principal uses throughout Granada Shoppes PUD. These uses may be either wet or dry facilities. These uses shall be subject to the requirements of Section 2.6.33.4. Section 3.2.6.3.6. and Division 3.3 of the LDC, with the exception that the temporary use permit shall be valid through the life of the project with no extension of the temporary use required. These uses may use temporary septic tanks or holding tanks for waste disposal subject to permitting under F.A.C. 10D -6 and may use potable water or irrigation wells, except that no septic systems or holding tanks shall be permitted upon issuance of the Certificate of Occupancy for the specific facility. 2.9 CHANGES AND AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN A. Changes and amendments may be made to this PUD Ordinance or PUD Master Plan as provided in Section 2.7.3.5. of the LDC. Minor changes and refinements as described herein may be made by the Developer in connection with any type of development or permit application required by the LDC. B. The Community Development and Environmental Services Administrator shall be authorized to approve minor changes and refinements to the Granada Shoppes Master Plan upon written request of the Developer or his assignee. C. The following limitations shall apply to such requests: 1. The minor change or refinement shall be consistent with the Collier County Growth Management Plan and Granada Shoppes PUD document. 2. The minor change or refinement shall not constitute a substantial change pursuant to Section 2.7.3.5.1. of the LDC. 3. The minor change or refinement shall be compatible with external adjacent land uses and shall not create detrimental impacts to abutting land uses, water management facilities, and conservation areas. D. The following shall be deemed minor changes or refinements: 1I -4 17 F �'! 4 ol 1. Reconfiguration of lakes, ponds, canals, or other water management facilities where such changes are consistent with the criteria of the South Florida Water Management District and Collier County. 2. Internal realignment of rights -of -way or internal drives. 3. Reconfiguration of parcels per Section 2.4 of this PUD. E. Minor changes and refinements as described above shall be reviewed by appropriate Collier County staff to ensure that said changes and refinements are otherwise in compliance with all applicable County Ordinances and regulations prior to the Community Development and Environmental Services Administrator's consideration for approval. F. Written approval by the Community Development and Environmental Services Administrator of a minor change or refinement may occur independently from and prior to any application for Subdivision or Site Development Plan approval, however such approval shall not constitute an authorization for development or implementation of the minor change or refinement without first obtaining all other necessary County permits and approvals. 2.10 PRELIMINARY SUBDIVISION PLAT PHASING In the event platting is required, submission, review, and approval of Preliminary Subdivision Plats for the project may be accomplished in phases to correspond with the planned development of the property. 2.11 OPEN SPACE AND NATIVE VEGETATION RETENTION REQUIREMENTS The PUD will comply with Section 2.6.32 and Division 3.9 of the LDC relating to open space and retention of native vegetation. 2.12 SURFACE WATER MANAGEMENT Pursuant to delegation from the SFWMD, Collier County will issue the surface water management permit for the water management system which will be designed in accordance with the Rules of the South Florida Water Management District (SFWMD), Chapters 40E -4 and 4 -E -40. 2.13 ENVIRONMENTAL A. An Environmental Impact Statement waiver was requested by the Developer and approved by the Collier County Planning Services Department, Environmental 451 17F Section staff due to prior agricultural activities on the site, pursuant to Section 3.8.9 of the Land Development Code. B. Other permits will be obtained from applicable State, Federal and Local agencies as appropriate. 2.14 UTILITIES All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in compliance with applicable regulations in effect at the time approvals are requested. 2.15 TRANSPORTATION A. The Developer shall provide appropriate left and/or right turn lanes on Immokalee Road and U.S. 41 at the project entrances. Such turn lanes shall be in place prior to the issuance of any Certificates of Occupancy for a use that utilizes the perspective /associated entrance. B. There shall be full access, signalized intersections at the project's eastern entrance on Immokalee Road and U.S. 41 entrance at 107th Avenue. The Developer shall provide a fair share contribution toward the capital cost of traffic signals. C. Future access points to Immokalee Road and U.S. 41 are those shown on the Granada Shoppes Master Plan. Access to U.S. 41 is subject to approval and permitting by FDOT and locations may be modified from those shown on the site plan as determined during the permitting process. D. Arterial level street lighting shall be provided by the Developer at the project's main entrances in conjunction with the development of these entrances. E. Road impact fees and credits shall be in accordance with the provisions of the applicable Collier County Land Development Code Ordinance controlling the amounts of road impact fees and credits. F. County staff will prepare an amendment to the County Transportation Plan to include as a County minor collector road a roadway that would link U.S. 41, east to Goodlette -Frank Road through the Granada Shoppes entrance and PUD then to the south road in the Creekside Commerce Park PUD, in a manner compatible with the adjacent properties. When said roadway is officially added to the County's transportation network, the County and Developer shall enter into an agreement whereby developer shall grant (at no cost to the County) a sixty -four (64) foot road right -of -way easement for said roadway from U.S. 41 to Goodlette- Frank Road, and shall be required to construct the County road so it is completed no later than sixty (60) days after a certificate of occupancy is issued for the Wo 17F ',! Granada Shoppes Center. Said agreement shall provide that the Developer will receive impact fee credits for the design and construction of said improvements from U.S. 41 to Goodlette -Frank Road. G. If Board of County Commissioners decides to grant Naples Park's request to block access from U.S. 41 to 107`' Avenue North and 108`'' Avenue North as per the plans requested by Naples Park and made a part of the record in this proceeding, Developer agrees to pay for the closing of 107`' and 1086 Avenues North if said closure is pursuant to said plan and is accomplished prior to November of 2003. 2.16 COMMON AREA MAINTENANCE Common area maintenance, including maintenance of the surface water management system, will be provided by the Developer. 2.17 DESIGN GUIDELINES AND STANDARDS A. The Collier County Planned Unit Development District is intended to encourage ingenuity, innovation and imagination in the planning, design and development or redevelopment of relatively large tracts of land under unified ownership as set forth in the LDC, Section 2.2.20. B. Granada Shoppes PUD is planned as a functionally interrelated commercial site under unified control. The Developer will establish guidelines and standards to ensure quality for both the common areas and the individual parcel developments. All development will meet and enhance LDC Division 2.8, Architectural and Site Design Standards and Guidelines. C. The Granada Shoppes PUD will feature an integrated and compatible architectural building style or theme, which will be incorporated into the primary retail center, and all free standing uses. Massing of building facades will be reduced by transitioning building heights, widths and colors, and adding architectural elements such as loggias, canopies, corner towers, archways, or columns, which will form courtyard -like areas, appropriately scaled for public gathering spaces. These treatments will create visual interest and variety, while providing visitors to the project, a pedestrian- friendly atmosphere. Building architectural styles shall be compatible and complementary throughout project, and shall feature unifying and complementary elements such roof treatments, signage, landscaping and building materials and building colors. D. The Granada Shoppes PUD will be a fully integrated planned site, where attention to the overall site design is achieved by providing well designed and integrated vehicular use areas, pedestrian paths, and architecturally unified signage, landscaping, and lighting throughout the site. 11 -7 17F'lll Common Areas a) Internal roadways will provide efficient vehicular circulation and will be designed with streetscapes that create pedestrian- friendly environments. Streetscape plans will be designed to establish a hierarchy of vehicular and pedestrian flow with landscape improvements appropriate in scale and character with the function of the street and adjacent land uses. The intent is to link uses throughout the project by designing appropriately located and scaled pedestrian and vehicular circulation routes. b) Project architectural features will be developed within common areas of the project and will be coordinated in design, color, and style. Architectural features shall be permitted throughout the site. C) Lake banks and water management features will be designed with edge offsets to complement the building architectural style and landscape features of the project. 2. Free - Standing Uses a) Site Planning: Each free - standing use will provide a visually appealing, articulated, identifiable path of entry for pedestrians and vehicles from the internal drive to the site and from the site to the buildings themselves. The orientation of a building or structure upon a site will not only reflect the project's functional need, but will also be responsive to the individual parcel's characteristics and relationship to the project and vehicle and pedestrian access ways. When adjacent to a project lake, buildings may be oriented to the lake feature and may provide decks, walkways, and/or seating areas adjacent to or over the water feature, depending upon the compatibility of such features with the type of business located on the parcel. b) Architectural standards: Design elements for free - standing use shall be compatible and complementary with the architectural theme of the project, including building materials, roof materials, colors, signage, lighting, and landscaping. C) Building lighting design will be architecturally treated in the style of the building architecture. Similarly styled pedestrian level lighting fixtures will be located along all pedestrian pathways. Lighting fixtures illuminating the parking area south of the hotel building shall be located on poles no more than 20' -0" in height II -8 17F and shielded to minimize light intrusion crossing the south property line. d) Landscaping: Landscape design guidelines for free - standing uses will create a harmonious and visually pleasing landscape that is cohesive and complementary to the overall master landscape plan. The Granada Shoppes PUD landscape concept will feature combinations of native plants and ornamental varieties which will be designed to define and accent pedestrian and vehicular spaces, as well as enhance the building architectural style. Landscape designs will create a coherent theme, which emphasizes plant material as a primary unifying element. (1) Landscape elements along public rights -of -way will be complementary to streetscape landscaping. Hedge material required to be installed to separate parking areas from rights -of -way shall be installed adjacent to the parking areas. Parcel entries will be designed to harmonize with adjacent streetscape landscaping, and clearly accentuate, the parcel entry. (2) Landscaping materials will be utilized to define the main site and building entrances. e) Graphics /signage: Sign graphics serve to provide continuity of design for all signage in the project, consistent with the overall visual impression of the project. All monument signage shall be housed within an architecturally uniform sign structure. 2.18 LANDSCAPING, BERMS, FENCES AND WALLS Landscaping, berms, fences and walls are permitted as a principal use throughout Granada Shoppes. Required buffer treatments shall terminate at entrances to accommodate entrance treatments and at lakes to accommodate views into the project. The following standards shall apply: A. Landscape buffers contiguous to Immokalee Road rights -of -way and U.S 41 rights -of -way will be installed at the time of site development or subdivision improvement and will have the following characteristics: 1. Minimum width of 20' -0 ", measured from the property line. The landscape buffer shall be a minimum of 25' -0" along U.S. 41 between Immokalee Road and the northern project entrance, as depicted in Exhibit A -4. The minimum number of required trees shall be calculated at 1 tree per 25' linear feet. Plantings shall not be required to be planted on 25' I1 -9 17F I centers in a linear manner, but may be clustered or planted in irregular patterns to provide greater buffers in certain areas and to provide view corridors of key project features in order to create greater visual interest. 2. The height of required trees within the buffers shall be 12' on average. Canopy trees shall have a 6' canopy spread at the time of planting. 3. Hedges, where required by the Collier County Land Development Code (LDC) shall be installed in accordance with LDC Division 2.4, Landscaping and Buffering. B. Landscape buffers contiguous to the agriculturally zoned parcel immediately east of the Granada Shoppes shall be a Type "A" buffer and will be installed at the time of site development or subdivision improvement and will have the following characteristics: 1. Minimum width of 10', measured from the property line. The minimum number of required trees shall be calculated at 1 tree per 30 linear feet. 2. Canopy trees will be planted at an initial height of 12' on average, with a 6' spread. C. Landscape buffers contiguous to the Pelican Marsh PUD shall be Type "A" buffers. D. Landscape buffers, berms, fences and walls may be constructed along the perimeter of the Granada Shoppes PUD boundary concurrent with site development or subdivision improvement. E. Sidewalks, signage, water management systems, drainage structures, project architectural features, and utilities shall be permitted within landscape buffers. F. Landscape berms located within the Granada Shoppes PUD boundary and contiguous to a property line and/or right -of -way line may be constructed such that they encroach into the right -of -way when approved by the applicable owner or agency. II -10 17F +, 2.19 SIGNAGE A. GENERAL All ground mounted project and free - standing use signs shall be of consistent architectural style and shall feature like building materials and sign structures. Sign structures will be uniform in size, color and building material. Pole signs shall be prohibited. 2. Pursuant to Sections 2.8.3.6.2.1 of the LDC, the following conditions provide for the required comprehensive sign plan for the Granada Shoppes. All sign regulation, pursuant to Collier County Division 2.5 shall apply unless such regulations are in conflict with any conditions established in this PUD, in which case the PUD Document shall govern. a) Free - standing use parcels shall be considered a separate single use parcel of land for the purposes of this PUD so that signage may comply with the LDC requirements. b) Signs and decorative landscaped entrance features within a County dedicated right -of -way shall require a right -of way permit subject to the review and approval of the County and FDOT where applicable. C) A minimum setback of 5' from edge of pavement shall be required, except that no sign shall be located so as to create a vehicular line of site obstruction. d) All project sign structures may feature architectural treatments which shall be permitted to extend above the maximum height of the sign specified herein. B. PROJECT IDENTIFICATION SIGNS One project directory sign, with a maximum of 250 square feet of sign copy per side and a maximum sign copy height of 25', shall be permitted per public right -of -way frontage. The directory sign may be permitted within the medians of project entry drives generally depicted on the Master Plan. 2. Project identification signs shall be located as generally depicted on the PUD Master Plan. Project identification signs shall be monument or wall mounted signs and feature only the project name, insignia or motto of the development. 1I -11 17F 3. Project identification sign copy will not exceed 100 square feet in size on any side, and shall not exceed a maximum height of 10' above finished grade, except for architectural detail treatments. 4. No minimum setback shall be required, except that no sign shall be so located so as to create vehicular line of site obstructions. C. FREE - STANDING USE MONUMENT SIGNS 1. Each free - standing use shall be permitted one monument sign per public road or private drive frontage. 2. Maximum permissible sign copy shall be 100 square feet per side for public road frontage and 80' for private road frontage. 3. For public road frontage, the maximum height of the sign copy shall be 10' above finished grade. Architectural details of the sign structure may project above the 10' height; however, no part of the sign or sign structure shall exceed 12' in height above finished grade. 4. For private drive frontage, the maximum height of the sign copy shall be 8' above finished grade. Architectural details of the sign structure may project above the 8' height; however, no part of the sign or sign structure shall exceed 10' in height above finished grade. D. TRAFFIC SIGNS Traffic signs such as street name signs, stop signs, and speed limit signs, may be designed to reflect an alternative specification and common architectural theme upon approval by the Development Services Director, in accordance with Section 3.2.8.3.19. of the LDC. 2.20 PUBLIC PLACES A. GENERAL. The Granada Shoppes will provide a variety of publicly accessible amenities which will further the project's commitment to complement and enhance Collier County's Architectural and Site Design Guidelines, and serve to provide a sense of place for the community. B. PUBLIC ARCHITECTURAL FEATURES 1. A publicly accessible architectural feature such as a pergola, pavilion, gazebo, courtyard, observation deck or similar feature shall be constructed II -12 7 7F •�� at the intersection of Immokalee Road and U.S. 41. Such feature shall be architecturally unified with the project's overall design theme and linked to the project's pedestrian pathway network. The public space shall be a minimum of 300 square feet in size and provide seating for the public and patrons of Granada Shoppes. The feature may have project identification signage which will meet the sign copy criteria of 2.1913 of this PUD. 2. Decorative architectural features shall be permitted throughout the Granada Shoppes PUD, and shall be permitted within or adjacent to pedestrian pathways. C. PEDESTRIAN PATHWAY NETWORK 1. A pedestrian way network shall be established throughout the project as shown conceptually on the PUD Master Plan. The pedestrian system will serve to link the primary shopping and office areas with free - standing uses at the perimeter of the project site, by providing a landscaped walkway protected from vehicular traffic movements. Any required breaks in the pedestrian network for vehicular access to the site shall be identified through use of pavers, signage, or other traffic calming techniques deemed appropriate to reduce the speed of vehicles and provide safe pedestrian movements throughout the site. a) Shopping Area Pedestrian Way The shopping area pedestrian way (Exhibit A -1) shall be a wide intermittently covered walkway, featuring pavers or stamped concrete surfaces. This pedestrian way shall include architectural features such as fountains, courtyards, arbors or similar design features, and decorative landscape plantings. This pathway shall have a minimum unobstructed pedestrian way of 10' average width. Seating and decorative landscape plantings shall be provided intermittently along the pathway and at all primary tenant entrances. b) Parking Area Pedestrian Way The parking area pedestrian way (Exhibit A -2) shall be located generally within the parking area as shown on the PUD Master Plan. This pedestrian way system will be designed to promote safe and convenient linkage from the parking areas to both the perimeter free - standing uses and the shopping area. Vehicular crossings will be identified with signage, landscaping and clearly marked through use of varied pavement treatments or other traffic calming techniques. This pedestrian way system shall be a II -13 17F minimum of 14' in width, with a minimum 6' wide paver, stamped concrete or banded concrete pedestrian pathway. This pedestrian pathway way will feature canopy trees or palms with ground level landscape plantings. Canopy trees or palms will be planted within adjacent parking landscape islands. Canopy trees or palms shall be planted along the pedestrian way system and shall be a minimum 12' high with a 6' spread for canopy trees and equivalent specification for shade palms, at the time of planting. C) Perimeter Pedestrian Way The perimeter pedestrian way (Exhibit A -3) system is designed to link free - standing uses with the parking and shopping area pedestrian way as shown on the PUD Master Plan. Vehicular crossings will be identified with signage, landscaping and clearly marked through use of varied pavement treatments or other traffic calming techniques. This pedestrian way system will be a minimum of 15' wide and will feature a meandering 6' wide paver, stamped concrete or concrete path with meandering landscape treatments. Seating shall be provided intermittently along the pathway system, adjacent to public use areas. 2.21 GENERAL PERMITTED USES A. Certain uses shall be considered general permitted uses throughout the Granada Shoppes PUD. General permitted uses are those uses, which generally serve the Developer and tenants of Granada Shoppes and are typically part of the common infrastructure. B. General Permitted Uses: Essential services as set forth under LDC, Section 2.6.9.1. 2. Water management facilities and related structures. 3. Temporary sewage treatment facilities. 4. Lakes including lakes with bulkheads or other architectural or structural bank treatments. 5. Architectural features and elements including walls, fences, arbors, gazebos, streetscape amenity features and the like. II -14 17F 6. Temporary construction, sales, and administrative offices for the Developer and Developer's authorized contractors and consultants, including necessary access ways, parking areas and related uses. 7. Landscape features including, but not limited to, landscape buffers, berms, fences and walls subject to the standards set forth in Section 2.11 of this PUD. 8. Fill storage subject to the standards set forth in Section 2.7 of this PUD. Site filling and grading as set forth in Section 2.7 of this PUD. 9. Any other use which is comparable in nature with the foregoing uses and which the Community Development and Environmental Services Administrator determines to be compatible. 10. Kiosk vendors 11. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein are to be in accordance with the LDC provision in effect at the time of Site Development Plan Approval. 12. Shared parking between the primary retail facility and free - standing uses, including the hotel and office uses, shall be permitted throughout the site. Each free - standing use shall not be required to provide 100% of the LDC minimum parking on the project site; however, the total parking provided for the Granada Shoppes shall meet or exceed the minimum parking required for the combined land uses. II -15 SECTION III COMMERCIAL 3.1 PURPOSE 17F The purpose of this section is to identify permitted uses and development standards for areas within Granada Shoppes designated on the Master Plan as Retail, Office and Hotel uses. 3.2 GENERAL DESCRIPTION Areas designated as "R/O" and "R/O/H" on the PUD Master Plan are intended to provide a maximum of 300,000 square feet (gross building area) of retail and service uses, and a maximum of 90,000 square feet (gross building area) of general and professional office uses on a maximum of 32 acres. A hotel containing a maximum of 175 rooms, units or suites may be located on the parcel designated "R/O/H" on the PUD Master Plan. If the hotel is developed on the site, the maximum amounts of retail /service and office uses located in areas designated "R/O" on the PUD Master Plan shall be reduced to 280,000 square feet and 10,000 square feet respectively. If the parcel designated "R/O/H" on the PUD Master Plan is developed with a hotel use, no floor area ratio shall be applicable to it. Eating and Drinking Places shall not exceed 25% of the project's total retail commercial square footage, unless additional parking spaces are provided for restaurant uses; however, eating and drinking places accessory to the hotel use shall not be included in this limitation. 3.3 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: All permitted uses in the C -4 Zoning District of the Collier County Land Development Code, as of March 27, 2001, except: a) Agricultural Services (groups 0711 -0783) b) Amusements and Recreation (Outdoor - groups 7948, 7992, 7996 and 7999) C) Automotive Repair Facilities (7532 -7539) d) Hospitals (8062 -8069) HE 17F '11 e) Membership Organizations (8611 -8699) f) Outdoor Retail Nurseries, Lawn and Garden Supply Stores (5261) g) Marinas (4493) h) Pawnshops (5932) i) Group Care Facilities 2. Kiosk Vendors 3. Retail Home and Garden Centers (5211, 525 1) B. Permitted Accessory Uses and Structures 1. Accessory uses and structures customarily associated with principal uses permitted in this district. 2. Outdoor dining shall be permitted as an accessory use to the hotel and to a restaurant, provided adequate pedestrian accessibility is provided. 3.4 DEVELOPMENT STANDARDS A. Minimum Lot Area: 20,000 S.F. B. Minimum Lot Width: 100 FT. C. Minimum Yard Requirements: 1. Principal Permitted Uses a) Immokalee Rd. and U.S. 41: Forty feet (40'), except that the minimum building setback in the northwest portion of the site bordering U.S. 41 shall be as depicted on Exhibit A -4. b) Internal Frontage Drives: Fifteen feet (15') C) Distance Between Free Standing Uses: Thirty feet (30') d) Waterfront: Zero feet (0') to bulkhead or riprap at top of bank e 17F e) Minimum Building Setback from Non - Right -of -Way Perimeter Project Boundary of PUD: i. Thirty feet (30') for buildings up to 50' in height ii. Fifty feet (50') for buildings greater than 50' in height. iii. Eighty feet (80') for the wall of the hotel building facing the south project boundary. 2) Accessory Structure Setbacks: a). Front Yard: i. Roofed parking facilities- Twenty feet (20') b) Side Yard: i. Common Architectural Features- Zero feet (0') ii. Roofed parking facilities- Ten feet (10') C) Lake Bank: i. Common Architectural Features -Zero feet (0') ii. Seating areas- Zero feet (0') d) Any hotel swimming pool shall be set back a minimum of 150' -0" from the south project boundary. 3) Streetscape amenity features: no minimum setback is required. D. Maximum Height: 1. Retail Buildings: Two - stories, not to exceed fifty feet (50') 2. Office Buildings: Four - stories, not to exceed sixty feet (60') 3. Hotel: Not to exceed sixty feet (60') 4. Architectural features: Seventy -five feet (75'), except that architectural features on the hotel building shall not exceed seventy -three feet (73'). I11-3 20 eg 1> 200,30 j � a! F � ' . If 114 17F -- ,:. ggo9VTl'Sl M- MAURB OBLAM GRANADA SHOPPES PREPAFO:) FOR GRANADA BHOpM ASSOCATM UWM WILSON * MILLER .... .. .... 20 eg 1> 200,30 j � a! F � ' . If 114 17F -- ,:. ggo9VTl'Sl M- MAURB OBLAM GRANADA SHOPPES PREPAFO:) FOR GRANADA BHOpM ASSOCATM UWM WILSON * MILLER I� m A O 4 n C, (P I N m (1 0 z D D N Z D rn D m v m N D Z D 17F 3 1 ��1 a (1 D �v 4 m N �D EXHIBIT A -1 @may= 2.,q w,L 7 xi Z z Z Vf m 'a c m A 'a $ 0 a .7 y 71 l V Q 17F 3 1 ��1 a (1 D �v 4 m N �D EXHIBIT A -1 @may= 2.,q w,L a 17F EXHIBIT A-2 V Wfillirl 17F 'A EXHIBIT A-3 M M ca O m ca m 17F 'A EXHIBIT A-3 - _- - - 17F ��I EXHIBIT B 1 7F : ; OESCRIP TION A tract or parcel of land lying in Section 27, Township 48 South, Range 25 East, Collier County, Florida which tract or parcel is described as follows: From the northwest corner of Section 27, Township 48 South. Ran e 25 East. Collier County, Florida run S.00'38'43 "E. along the g west line of the northwest 1/4 of said section 27 for 125.02 feet to a its intersection with the southerly right -of -way line of Immokolee Road (CR -846) and the POINT OF BEGINNING. thence run N.44'38'23 "E. along the southerly right -of -way line of said Immokalee Road for 34.99 feet; thence the southerly right -of -way line f said Imm kolee R.oadEforl 57 .45 feet; thence run S.86'53'15 "E. along the southerly right -of -way line of said Immokalee Road for 500.61 feet; thence run S.89'45 00 "E. along the southerly right -of -way line of said Immokalee Road for 134.22 feet; th 224.63 feet to a point of curvureence run S.00'00'00 "E. for the arc of a curve to the right of radius 85.00 feet (deltaa at 90 00'00" (chord 120.21 feet) (chord bearing S.45'00'00 "W.) f to the end of said curve; thence run S00'00'00 "E or 1830.5 feet 91 eet to a point of curvature; thence southwesterly along the arc of a curve to the right of radius 50.00 feet (delta 86'54'07" (chord bearing S.4327'03 "W. ) (chord 68.77 feet) eet thence run S.86'54'07 "W, for 258.32f eteto ao aointoint of tangency, of thence westerly alon the arc of a curve to the right of radiusr 936.00 feet (delta 06'23'14 "� (chord 104.29 feet for 104.34 feet to the end of said curve; thence runr�S- 113'26 324W6 fo , 348.97 feet; thence run S.69714'15 "W for 258.29 feet; thence run S.00'39'15 "E. for 25.00 feet; thence run S.89'20'45 "W. for 396.46 feet to a point on the west line of said Section 27 and the easterly right -of -wc line of U.S. 41 (S.R. 45) Tomaimi Trail; thence run N.00'38'43 "W, along the west line of said Section 27 and said easterly right -of -way line of U.S. 41 for 1670.23 feet to the POINT OF BEGINNING. containing 39.23 acres more or less or 1.708.858.58 square feet more or le: Bearings hereinobcove mentioned are based on the west Line of Section 27. Township 48 South. Range 25 East 'as being N.00'38043 "W. Subject to easements. reservations and restrictions of record NOTES: 1. THIS IS NOT A SURVEY. 2. BASIS OF BEARINGS IS THE NORTH 1/4 OF SECTION 27. TOWNSHIP LINE OF THE NORTHWEST BEING S. 89'45'00" E. 48 SOUTH. RANGE 25 EAST 3 SUBJECT TO EASEMENTS. RESERVATIONS AND RESTRICTIONS OF oat-man 17F i I STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 2001 -17 Which was adopted by the Board of County Commissioners on the 27th day of March, 2001, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 30th day of March, 2001. DWIGHT E. BROCK Clerk of Courts and Clerk' ' Ex- officio to Board of County Commissioners..: By: Ellie Hoffman, Deputy Clerk