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Backup Documents 12/15/1998 RREGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS DECEMBER 15, 1998 NapLes 0ally News Naples, FL 34102 Affidavit of Publication Naples Daily News BOARD OF COUtiTY COHHISSIONERS ATTN: HIATTA SIRLEAF PO BOX 413016 NAPLES FL 34101-3016 REFERENCE: O01230 #912733 57795550 NOTICE OF PUBLIC HEE State of Florida County of Collier Before the undersigned authority, personally appeared John Taylor, vho on oath says that he serve~ a~ ~ssistant rontrnller nf th- Nanl~ 0aily He~s, a daily newspaper published at Nap'les, in Collier County, Florida: that the attached copy of advertising ~as 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 coporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 12/13 AD SPACE: 55.000 INCH FILED ON: ~/l~/va .----- ~/~ ' Signature of Affiant ~"- ~, ,' S.or to .nd Subscrib before ,, 0120 NOTICE 0F MEETING ROARO OF COUt4T COMMISSIOtJER S~ COI,LI~.R FLOI~DA Decemb~ 15, FJOtiCe is hereby thor the Colliel Co~ant~ i)nc~d o( Co~n~v rtl '~%totler s will meet m. t~e !~ d's Chom~rs the Third ~:~ o~ ~e ministration (Ruildlno Fl ~ ~e C~lter County Gover nmer~l ness of Comer C~tv. the ~ove I~ ~me a~ ~e m~ Ovoilffile tO pre~s ond m~ be tolne~f ~ the o~ce of ~e County Adminlsfrolor r I~ of time. es ~ ~peol O ~151~ Of this O~d will n~d O re, c~d of the Or~tn~ pertnlnlno ther ~, theref~e mo~ ~ to tl~f a vermin in~ t5 mode, which cor~ ~ncludes the ~e~limony a,~d evl~nce ~lmn ~hlch the ~at to be Ixt~ed. BQ~RJ) OF COUNTY COIl IE~ COUNT1, DWIGHT [, B~OCK, ~Y; $ ~,reenKeny~ Dap ~v C COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA Tuesday, December 15, 1998 9:00 a.m. N()'FI(:I.:: Al.lo I'I,;I{S()NS WISIIIN(; TI) Si'I.;AK ON ANY A(;ENI)A ITI';,~I ,~ItIWI' RE(;IS'i'I.;I{ PRI()R TI) SI'EAKIN(;. SPEAKERS ~IUST RI'X;IS'I'I.:R WI'I'll TIlE COtINTY AI).MINIS'FRAT()R ['RIOR TI) Till.; I'RI';SI,;,NTATI()N ()F Till.; A(;ENi):\ ITI.;M TI) Ill.; ,.\I)I)RI';SSEI). RI,;QtlI.;WI'S TI) :\I)I)RI,;SS 'I'llE II()ARI) ()N SIqI.II-;('TS Wlll(;ll ARE N()T ()N Tills 3It~S'I' 151-; St!il~ll'l"i'l,~l) IN WRITIN(; WITII I';Xi'I.ANA'rI()N TI) TIlE ('()I'NTY · .\I),MIN1WI'R:\T()I{ ;VI' I.I,;,.\WI' 13 I)..\YS PRIOR TI) Till-; I)ATE ()F Tile MI",ETIN(; ANI) WII,I. lie lIE..\ Ri) I~NI)I,ii{ ,,i,irBl.l(. I'I'iTI'I'I()NS". ANY I'EI{S()N \VII() I)I';('il)I,;S 'I'() .,s. PI,EAI' A I)I'.'('ISION ()F Tills IlOARI) WII.i, NEEI) ,,\ RE('OI{I) ()F Till.; I'R()('I.;I.;I)IN(;S I'EI{TAININ(; TIIERET(), ANI) TIIEREFORE ?,lAY NEEI) T() ENSIJi{i..' TIIAT A VEI{llA'I'i,M i{I'.'('()RI) ()F TIlE PR()('EEi)ING$ IS /HAl)E. WIilCll RI'.'('()RI) IN(,I.I!I)ES TIlE TI'i.~'I'I.'~I()NY AND EVII)EN('E [.'P()N WIilCll 'Fill,; APPEAI. IS TI) lie IIt~SEI). Alol. RE(;ISTi.;RI.;I) l't.~lli. IC SI'i';AKERS WII.I. lie I.I.MITEI) TO FIVE (5) ,MINUTES UNI.I.;SS I'ERMISSi()N F()R AI)I)ITI()NAI. TI3IE IS (;RAN"FEI) BY TIlE CIIAIR,MAN. ASSISTED I.I.~TENIN(; I)EVI(;I.;S FOR TIlE IlEARIN(; I.MPAIRED ARE AVAIl.ABLE IN Till..' COUNTY C().XI3IISSI()NERS' ()I"FI(;E. i.I!N('II RE(fl.;SS SCilEI)UI.EI) FOR 12:00 NOON TO I:00 I'.,M. INV()('ATI(),N. Reverend (;ran! Thigpen, Ness' llope Ministries PI.EI)(;E ()l: AI.I.I'X;I:\N'(~E o ,.\I'PR()VAI. ()F ,,\( ;I';NI)..\S Approved and/or adopted with changes - 5/0 ..~,. :\i'I'R()V,\I, ()1.' ('(')N.";I'2N'T ..\(;I';NI)..\. II. ,\I'I'I{()V:\I, ()1.' ,";I ;.\I.",IA I{'~' AIq'I{()VAi, ()1-' RI'X;UI,AR A(;ENi)A. .,\ I'I'R( )VA 1, ()F ,~I IN U'I'I.:S Approved as presented - 5/0 A. Noveml)cr 24, 1998. Rt'gular meeting. i'ROCI.A,MA'I'I()NS ANi) SERVICE AWARDS I December 15, 1998 o A. PROCLA5IATIONS 1) I~roclamation proclainfing Everglades Cit.',', H, as Florida Oulslanding Rural C'onmmnlty of Ihe Year. To be accepted by Ms. Pauline Reeves, President, Friends of the .Museum of the Everglades anti Ms. Donna Ridewood, Museum Manager of Everglades City. Adopted - 5/0 B. SI.;RVI(,E AWARI)S Presented 1) Sam Saadch. Assistant to the County Administrator. 10 )'ears. 2) Gary Young, l'ublic ¥;orks Administration. 10 3,'ears. C. PRESENTATIONS Presented I ) l'resenlatiem hv Terry Wolfram, President of the Collier County Fair. APPROVAl. ()1-' (71.I';RK'S REP()RT A. ANA1.YSIS OF CIIAN(;ES TO RESERVES FOR CONTINGENCIES. I'UBI.IC PETITIONS Joe (;ennaro. Manager. Smflhwest Property Management regarding an agreement with the SheritT's Office for Traffic Control. Villages of Monlerey. Staff to pursue :,nd to be brought back as regular agenda item Il. J. l)avid ~lalh~ry, Sr. l'astor, First Assembly Ministries requesting temporary placen~t, nt of a building. · Staff directed to approve the request COUNTY A DM INISTRATOR'S RI':I'ORT ,\. C()M~IUNI'I'Y I)EVI':I.Oi'MENT & ENVIRON,MENTAI~ SERVICES I) Petition C-98.8, Collier Count)' Agricultural Fair & Exposition. Inc., requesting a pcrmi! lo conduct a carnival from January 8 through January 16, 1999 on the east side or C.R. 846, in Section 14, Township 48 South, Range 27 East. Carnival Permit 98-8 - Approved 510 2) Approval of a l.ease Agreement between Collier County and Collier Enterprises Realty (;roup, Inc. Approved - 5/I) B. PUIll,IC WORKS 10. WITI ! I) RA WN Il Consideration and approval of an irril~ation waler agreement between (,'oilier County nnd Collier Development Corporation. i'UBI.IC .SERVICES I). .SUI'I'¢)ICI' .SERVIfTES E. COUNTY AI)MINISTRATOR I ) l)iscussion and direction regarding County services and contracts with the City nf · Marco lsl;~nd. ' . 2) .St:iff to arrange joint meeting with tile City of Marco and Ibc Sheriff after the lhmrd's first meeting in January 1999 - $/~) ('()NTINt~I.;I) FROM TIlE I)i.X'EMIII.;R, 1998 MEETIN(;~ Slaff repot! on the potenti'41 impact of the Clerk of Courts "yield burning" lawsui!. TO lie IlEARI) WITll ITEM 10C AT 10:45AM. ..'sl)DEl) 3) Approve lludget Amendment to purchase Micros'ax to nllow staff to meet the Y2K ~'ork plan schedule {SlaWs Request) Tahled unlil tilt. end of the meeting - 510 Continued lo January 12, 1999- 5/0 AIRPORT AUTIlORITY COUNTY :\TTORNEY'S REI'ORT Report regal ding status of proposed Ethics Ordinance. Presented..SIalT to bring back resolution supporting lobbyist rules and rel~ulalions fnr elected officials - 51(I ' IIOARI) OF COUNT'C CO.M,MISSIONERS Apl)oinlnwnl of mend)ers to Ihe Pre-Kindergarten Interugencv Coordinaling Council ,,n Early (Jhildhood Services. Appointing I}eloris .sheridan, I'alricia (;ulley, and Robert Riley - 510 B. Appointn~ent of members to the Citizens Advisory Task Force. Ordinance provision waived regarding reappointment of Vivian Lager. Res. 98-500 appointing Vivian Lager and Karin English - Adopted .gl0 C. Reconsideration of Item I I{A}ll} discussion with the BCC and Clerk of Courts re bond refinancing heard at the November 14, 1998 Board meeting. 'F() BI'.' IIEARI) AT 10:45A.M. 3 December 15. 1998 Il. No Aclhm - it,ard support of Iht. CIvrk IConsensusl 1). Rec,mmendalhm lo declare a vacancy on Ih~ Collier Courtly Code Enforcement Board. Res. 9~-501 -Ad.pled ~/0 l':. l)iscussion rem~rdin~ individual County legislative programs and conlrucl Iobh~'i~ls. BCC identil]ed Revision ? implemenlalion as a kev issue for the County and make~ top priority For the 1999 l,egislativu Session - ~/0.' Chairman to send I~ller rurardin~ I.op h.le in inc.rp,ralion slalule and make changes lo slale Elhics ()TILER ITEMS A. ()TILER Cf)N,~'ITI'UTI()NAi, ()H.'ICERS l't!ll[,IC ('().~I.Xl ENT ()N (;ENERAI, TOPICS l)avid ,~healv rcRardinl,, Tourist l)evelopment l",vents PL;III,I.__~(; liI','ARIN(;,~ XVII,[, lie llI',':'~RD I.Xl.XlI':I}IA'FI.;I,y FOI,I,OWIN(; ,";TA FF i'I'I'L~IN 12. .'\i)%'I':I{'i'INI.:I) lq'lll,lf' IIE..\RIN¢;N. Ill'(7 .A. C().XII'RI.:ili.:N,~;IVE PI,AN A.XIENI).XlENTS Il. ZONI,N(; .'\.X i I':Nl)~ I ENTN Petition I'Ui)-98.16 R. Bruce Anderson of Younl~, ~'an Assenderp & Varnadoe. I'.A.. representing U.,~. i{ome Corporation. requesting a rezone from R3IF. 12¢ 10}, R.Xl F'- 6, R,";F'-4. and :~ to P[;D Planned Unit Development to be known as Cedar llammock (;oil & Country Club PUD for 799 single family and multi-family dwelling units :md an 18 hole golf course Iocaled south of I)avis Boulevard IN.R. 841 and ~'e.,,t of N.R. 95 I. in ,~ecllon 3, To~'nship 30 .~outh, Range 26 East, consistin$l of +I. 418 acres. Ordinance 98-115 - Adopted ~'ilh stipulations ()TILER 1 i 'l'hi.,~ lien! ha'~ I~t. en dt'lrtt, d. I'cliti,n V..'~(~ ¢)X-()23 Io ~';icalr a portion ora x~'ater~av ;l(Ij;let;lll t{) l,ots 12, 13, 17, 18 '.lad 19, ;~ccur(lhlR Ii) the Plat ()f "P:]hn River, hoers , a.~ recorded in Plat 3, }':*Re 27. Public Rt'cords of ['oilier {'Otllll.¥, J"lorida. located in ,~ectJon 22, Township 4R ,~outh, Range 23 I':ast. Resolution 98?,02- Adopled .~/l) C()N'i'INUEi) l NI)EFINI'I'I.:I,y ('¢)NTINI !!':1) I-'Re).\! I)E(.'E31BER 8, 19~:;. i'elition 1'U1)-98.13, R. Bruce Anderson ~f Young, van Assenderp & Var~adoe, P,A., representinl~ Collier Development Corporation, requestlnR a rezone from "A" Rural AgrJcullure lu "PUD" and PUl) to PUD, Planned Unit J)evelopment lo be known as Cailler Tract 4 lr~'ce mlx'r 15 13. 14. 15. 21, formerly Beachway I)UD, for a golf course and accessory and incidental facilities including a clubhouse, $0,000 square feet of C-3 conunercial uses and/or a hotel on property located between U.S. 41 on the east and Vanderbilt Drive on the west. lying north of 111(h Avenue and south of the Cocohatchee River, in Section 21, Township 48 South, Range 25 Fast, Collier County, Florida consisting of 267.44 + acres. I~()ARI) OF ZONING/tl)I)EAI.S .'\. Ai)VERTISEi) PUBI.IC ilE:\RIN(;S B. ¢)TIIER STA F I."S C()M ,%1 UN I (~,\ TI()NS Clerk's lawsuit :,gainst .Judge Starnes to be heard in court on Thursday. B()ARI) OF COUNTY C().%I*IISSIONERS' CO,M.XlUNICATIONS CONSENT AGENI)A - All matters listed under this item are considered to he routine and action will be taken by one motion without separate discussion of each item. If discu~,;ion is desired by a mend)er of the Board. that item(s) will be removed front the Consent Agenda and considered separalely. Approved and/or adopted with changes - 510 CO,%I,MUNITY I)I'~VI';I.OPMENT & ENVIRON.MENTAl. SERVICES I) Rrqncst to grant final acceptance of the roadsvay, drainage, water and sex~ er improvements for the final plat ¢)f"Quail West Unit ()ne. Rcplat Block C, Second Edition. Rcs. 98-488 2} Rcques! Io grant final acceptance of the roadway, drainage, water and se~s t,r improvements for the final plat of "Island Cove" Res. 98.489 3) Recommendation lo approve excavation permit No, 59.671 Creative Ilomes Ii Commercial Excavation located in Section 29, Township 47 South, Range 28 East; bounded on the north by vacant tract, on the east by vacant tract, on the sot, th by 66~' Avenue N.E. and on Ihe west by vacant tract. W/stipulations 4) :\pproval of amendment #1 for Contract (;C$30 with the Fh)rida Department of Environmental Prolection (FI)EP) 5 December i ~:. 1998 5) Reques! lo appr~ve for recording the fin:d plat of"Vanderbilt (;alleria Pha.~e One" W/stipulations 6} Request to apprm v for recording the final plat of"Tihuron. The Nornmn Estates at l'clican M:~rsh Unit 23", and approval of the performance security W/l'crforn~ance Bond, Construction and Maintenance Agreement and stii)ulati~ns. AI)I)EI) 7) ,.\i)I)EI) Approve h)r recording, the Final l'lat of"Sih'er l.akes", (('ommi~,~ioner Norris} W/Construction :md Maintenance Agreement 11. 8} Appr()ved for rec.rding, the Final i'l:tt of"While I,ake Corporate Park" and :\ I)proval of Perf-rm:mcc Security. (Sial'Us Request } W/l.eller of ('re(lit and ('onqruclion and Maintenance Agreement I'I, IIII,IC W()RKS I ) This item ha.s been delt'led. 2) 3) Approve :;n Inter;~gency :\grecment hetween Collier County and the State l:h)rid:~ l)cpartmcnt of Corrections, llendrv Correctional i~stitulion, for continued usc of inmate lahor in road maintenance activities. Recommendation to accept Surplus Bid S98-2858 for an Amtel l)ircct-loine 600 Series (Jail Screening Syslem. the amount of $205.¢1{} 41 Approve an Alternate Road Impact Fee for the l,ely Mustang (;olf Course based on a site-specific computatlnn. In Ihe amount of $20,454.85 5J Apl)rove l'rofcssim~al Services Agrcemcn! in lite amount of $37,601) R~}a(l~'av and Signal Improvements at immokalee Road and Wilson Boule~'ard. W/Wilson, 51tiler. II:trlon & l'cek. Inc. 6} ,\~vard Contracts for Bid Numhers 98-2865 and 98-2869 to enable the purchase of t, dditional ileach Cleaning Equipment for ,Maintenance of the Collier County. Naples and M:~rco l.qand Beaches. 7} Aw~irded to Florida Mnnicipal Equipment in the amount or $.M,870.001 and (;reel Ford Tractor Co. in the amount of $.M,562.00 Approve Tourist I)evelopment Category "A" Funding Applications for Beach Mainlenance and Inlet ,Management Projectn. D¢ccmlx, r 15, 1998 in the amount of $166,458.00 9) Approve Conservation Easement ~'ith tile Florida I)epartment of Environmental Protection regarding tile South County Regional Reclaimed Water StoraL:e P.nds. Pr,jeer 7411 ] I. ' Approve Petition TM 98-02 for Neighborhood Traffic ,Management lo traffic calm :, imrtion of Curling Avt'nue east of the entrance of Boca Pal~s of Naples t. thc ~ icinity or Winter View I)rive. ,\ward Bid #9~-2382 fnr construction of Prnposcd Pathway Projerl. 'i'o IIolHlt'ss, hie. Il) 121 13) 14} Cf)N'I'INIq.~i) T¢) !/1~9~_1: ,\pprove the l,ivingston Road Utility Facilities Rrimhurscmrnt and C(mtril)ution Agreement (Sta~s Request}. Authorizati()n to reimburse Water and Sewer Impact Fees. To .Mayflower Congregational [Ynited Church of Christ Request authorization to file lawsuit against Boyle Engineering Corporation fi)r clair:ts arising from tile design and construction of tile original North ('ountv Regional lVater Treatment Plan/. Project 70002. ..X I)j)rO~rt. ;I ha(fRei amcntJnlenl al)prol)riating reserves in the Solid Waste M:mdah)ry Collection Fund. In the .'mmunt of $57.834.111! PT!Iii.lC SI':R VI('I.:S I) A%%'ard the purch:Lxe of maintenance equipment for South Naples Communit, Park. From John l)cere Co. in thc amount of $56,571.84 i). SI;PI)ORT SI".R \'ICES l} .'\pprcn':d t~ A mend the Counly Purchasing Policy Res. 98-4911 21 Al)/)royal ora l.ease Agreement Between (:oilier County and State Senatnr Ilurt l,. Satlndcrs. - Res. 98-491 3) A I)I)roval ,f a l,ease Agreement Between (.:oilier County and State Representative Dudley (;oodlette. Rex. 98-492 7 December I" If. 4) Approval of a l.case ,\greement Between Collier County and Congre.~.~man Porter (;oss. ' Res. 98-493 5) 6} :\ pl)roval of a ('ollrctive Bargaining :\greement between the Board of Count; Commissionrrs and the lntrrnation;fl A~sociation or Fire F'i~:hlers. I,ocal 367iL ,\lq)royal of a Certificate of Puhlic Convenience and Necessity for the ('ollit, r County l':mcrgenc) ,Medical Services l)rp;irtmcnt. COUNTY A I)M IN IWrR..\ T() R II():\RI) ()F ('()I'N I'Y ('(I.XlMISSIONI.~RS \ I IS (q'~l.l...\ N Et) I '.,q 1) l.icn f~r Scr~.lco, oft}lc PuJ'~[ic Dclkntlcr 9,~{16 1 I-iNIM.,\. 9,S(I6?,$TMNIA. u0(~.:~.l~NINl..\. oaO2()l.'.NIN1A. ')sir4119NIM:\. 9,":()57().ININIA. 9,RIll 234MMA, 9M04317MMA. ~,~,'4¢)51 ,'¢ I M,\IA. 9,'i()5661NIMA. 9,'40519~MMA. 9a0~3 I ~),sf) 19~5 NlM A. ~)×1)35~ 7NIM:\. ~)~{M~u6NISI,.\. 9~¢M591MMA. 9,~(12458,MSIA. 2) Nlisccllanc~m~ item.,, h~ file l't~r record Will/action ;is directed. ()TILER C()NSTITI'TI()NAI, ()I"FI('ERN l) .-\pprov;d of a It'a~e agreement bel~veen ('oilier County and Alan and Palricia lh)ole. · For property on .~,rnohl ,.\x cnut, for use hv Ihe Sheriff's ()flqt'e x~ ilh tile fir,,t )ear;im'ltm] rt'/ll in tllt'amotulf of $22,02i).00 2) Reconlnwndalion that the Board approve a hudget amendment in Ihe amoun! of $17.58{} to cmer the increase in tile FY99 lax increment payment lo the Nqph.., Comnmnity Redcvrlopnwnt Agt'nt'y. ('()UNTY AI'I'()RNEY 1} Request by the Collier Counh' Industrial Development Authority for approxal ora resolution authorizing th~ Authority to i~ue revenue bonds to be used finance educational facilities for Seaerest School. Res. 98-494 l)cccmbcr I ~. 199,~ 17. 2J Rcquc.~! hv Ihe l lousing Finance Aulhority or Collier Counly for uppr~ al ,ff rcs,lulh)ns auth,rizin~ the .[uthority to isxue mulli-fanlily houxin~ rr~ rnur h.n(l~ I, hc used to ~nancr qtmlif~in~ aparlmcnl projccls. Rcs. 98-495: Re,. 98-496: and Rcs. 98-497 ](cc-mmrmlali.n t, approx e a i.cgal Services Agreement xHlh Fixrl & Xlamtirc Ic~:~l c-un\el I- rcprcscnt (OlllllV rclaling Io (Otllll)"s prol)rrlv acquisition Illlt'rk'sls ilichidin~ ?lltillt'lll Ill)lllilill prt)t'ct, dings fi;r Ihe hlllllok;llre rlJild Ff)llr- I:ming Project {l)rojcct No. 69101) ht'h~'een 1-75 and ('.R. 951 and for ;,hlrn (;atc Boulr~ ard Four.l,aning I'rojcct ( l'rojcct No. 63041 ) I)ct~q rrn ( '. R. and 2'* Stet, el 4) .it $20(I.00/hr. f,r non-trial work and $235.t)1)/hr for Jill trial ~sork. Rccommrndati,n that the Board of ('ounly Commissioners adopt a Resoluti,n l':stahlishin~ a t:nif, rm County Policy Imposing Fees for the Inspection. I'~xamin:~ti,n and i)uldication ,r Public Records Pursuant lo Suction 119.07. Rcs. g8-493 .i. ,-\ ! R I'() R T A [ :'i'! I ¢ ) R 1T Y SI '.'~I.\I:\RY .~,(;ENI)..s,. '1111N NI.'.("I'I()N IS I-'¢)R .\I)VI.]RTISI.;D t)[qll,i(· ! II.L's i,IlN(;.,,; ..\NI) .',11 '~ I' .XlI.~ET Till.: l-'¢)l,t,()'~','IN(; ('I~ FI'I.:RI..'~: Il ..s, Ri~('¢)~,I?slENDATIf)N I-'¢)R \I'I'R¢JV.\I, i.'R().~,I :';'I'.\FI:: 2) i'N.-\N'I.~I()I'.~; Ri.X.¢Ls, I.~Ii.]N.i)ATi¢)N I:()R AI'I~R()VAi, iI~l- Till.: ('()I,I~II(R ('(~I'N'I"Y I'I,A.NNIN(; ('¢).'q.~11,~.',;I¢),\' ()R ¢)TIIER ,\[:TII¢)RIZIN¢; .\(;F],N'('ll.L',; ¢)I.' :il,I, ?,I I.L~,IIJi.,'IL~ I'RI.:SI.]NT ..\.x;i) Vf)TIN(;; 3~ Ne) WRi'I'I I.hN OR ORAl. ¢)IU l':(71'l¢)N.k; T()Till.: iTI.L',I RI':(~EIVi.:I) IIY ST:'s !-'I.'. Till.: C()I,I,IER i'I,:\NNIN(; (~().XI.~,IISSI¢)N. ()TILER .'\tH'II()RIZIN'(; :~.(;I','NCII.],~ ()R Till.: II()ARI), T() Till.: ('().~l.'q I':N('I'L'slI.:N'T ()1" Till.: ii¢'(' .XlEI'71'IN¢; ¢)N WlliCll Till,: ITE.MS ,',RI.: ~¢'IIEDI'I,I.:I) 'i'O Iii.: llE.,\RI): ANI) 4~ .Ne) I.\'I)IVil)JL,[i,S ARE RE¢;IS'I'I.:RF:I) T¢),";I'1.'.\ k IN ()i'I'¢)SI'I'I()N '!'()Till,: ITEY. 1. .. Rcc,mmcndation t. adopt an ()rdlnance :mlcnding Collier (;ounly ¢}rdinance No. 90. I 1 I. anlcndrd. ~ hich crcalcd tile l'rlican Bay .Xlunicipal Service Taxing and Brnefit [,init: :mlcnding ,";cction ,',;cs cn to pros ide for tile rcduction of the size of the Pelican Bay Xlunicip:d Service 'J'axing and Jlencfit Unit Advisory ¢7omtniltee; amending Section Eleven to pros £or the reduction of the number of mcmber~, required for a quorum anti lo condu¢! bttsinv,,, and lo lake action: providing for inclusion in ('ode of I.a~.s and Ordinances: pros|ding conllict and .severabiiily: and hy prov|ding an elTeclive dale. ()rd. 98-113 .\n ()rdimmcr ('rc:,lin~: and l.Nt:lhli~hing lilt. (;m)dland/llorr's Island Fire ('ontrol l)islrict: I'rovidinR f.r Tillc and ('ih~li,,,i; I'r,,~ idinR lhJl,ndarirs of the District: I'ros iding f.r lilt' ('rcation and I':st;fldi~,hmcnt of the IHs:rid: I'r,x Ming for till.' (;overning Beard, Ibm'er,, and i)ulics; I~r. viding for ('on.,lruclion; Pro~ idin~ for ('onllicl ~nd .~everabilily; Providing for Inclusion in lilt' ('odt, of i.a~.~ ;,nd ()rdinant'e~; :,nd Providing un EITeclive I)ale. ()rd. 9~-114 ('()N'I'INI!F.I) I"R()~! I)E('I':~IilI.:R 8, 1991~. Pelition ASW.98.1, Blair A. Foley, P. E. of ('oaslal l.~nginccring Consullant.s, Inc. repr~'senling Anlhony Vojghl, requesling a 400 x~ aiver fr~m~ tile minimunl required separation nf Sift} feel between automolJile service slallons fi~r prol}erly located at 2934 'Fami:mfi Trail East {U.S. 41), further described as a 9 D¢cemlx, r 15. 1998 portion of l.ots I through 10 and Lots 36 through 42, Royal Palm Terrace Unit I. in Section 1 !, Township 50 South, Range 25 East, Collier County, Florida. Res. 98-499 18. ADJOURN IN UIRIES ON 'ERNINGCllAN(;ESTOTllEB AR ' GE , I IDBE !1 ' COUNTY ADMINISTRAT( R'S OF'i E T774-8~83. I0 l)¢ccml~.r I n. I AGENDA £TL4NGES Iff),.! RI) OF CO~tNTY C031..~IL~,¥IOIVER,¥' MEETING DECE.IIBER 15, I998 ~.VITIIDRA IlL. ITE3I 8(B) (I) - CONSII)ERA TION AND APPRO V,4L OF AN IRRIGATION WA TER ,,tGREEMENT BETWEEN COLLIER C¥)UNTY ,,I,¥1) COI. LIER I)EI'ELOP, IlENT CORPOIL4 77ON. (PETIITONER 'S REQUES7). CONTINUE INDEFINITF. LY ITE3I 12(C)(3) - I'ETITIO,¥ PUD-98-13, COLLIER DEVELOP, WENT CORPOI~.tTION RE(2UE. S'TLYG .4 REZONE FROM "A" RUIL.IL AGRICULTURE TO PUl) TO BE KNOII'N AS COLLIER TI~.tCT 21. (PETITIONER'S ~EO. UEST). ADD: ITE3! 16(..I)(7) -APPROI'I'~ FOR RECORDI. VG, TIlE FIN,.IL PLAT OF ",¥I1.1 'ER L4KES". (C03LIlL¥.¥1ONER NORRL¥). ADD: ITE.I! 16(..I)(,¥) - API'ROI'E I"OR RE£'ORI)I. VG, 77IE FLVAL PI~.IT OF "II7llI't': L,4KI:' CORI'ORA TI:' PA RK" .4.YD A I'PRO 15t L OF TIIE PERFORMANCE ,¥ECURI TE 6S'T,4 FF'S REQUE.¥1). !ti)D: ITl:?,! I6(0(!I -,.II'I'ROI"E BL'DGEI',.I.IIIiND,'~IENT TO I'UR(.7tA.¥E 3HCROI :.IX TO Al.l. Otf' ST,4t:F TO 31EET 7'IIE }'2K WORK PI~,IN ,¥(.¥IEDULE (,¥TAFF',¥ REQUESI). NOTE:S': ITEM 8(E)(2) -SIIOL'LI) REA D "CO. VTI, VUED FROM DECEMBER 8, 1999 MEETI,¥¢;". ITEM 16(II)(8) - A 311.VOR (_'IL.I.VGE IL.IS' BEE. V 3/..II)E TO 7YIE COiMYERI"ATIO.V EASEME. VT A,¥ FOLL 01~ · FOR (_7~.IRIFIC.IITO.V, ,.I.~.¥I(LYED ,V..I.IIE,¥ P..tRCEL %1" ,.I.",'D PARCEL "B" ..I.Vl) IL.IRC'EL "C" TO 7¥1E LEGAL DI'L¥CRiI~I'IO.Y. CII,.I,¥GED 7'lIE N,.I.WE ¢)F TIlE CIRCUIT £'O~'RT FROM "TIVENTIETit JUIII£'L4L CIRCUIT, l,V COLI. IER CO/_'.VT}"' 7Y) ".¥ECO,YD JUDICL.IL CIRCUIT, IN LEON COUNT}'". ITE. I! !6(D)(2~ - 77fE LV(.¥)RRECT RE. YOLUITON WAS ,,ITTA(.71ED TO Tile LF...ISE AGREEMILVT FOR 771L¥ 17'E31. 771E BO,.IRD 1ITLL ,,IPPROI"E' ON Tile CON,¥ENT AGENDA TIllS lTl!31 Il 7TII TIlE A PPROPRL4 TE RESOLUTION. PROCLA~4A TION WH ER EA $, WHEREAS, WH~EA$, Everg/ades City is a sma//thriving community of diverse interests and colarfu/ h/story within Co/il'er County; and, each year apph'cations are submitted and reviewed to determine the outstandin~ rural communities in the State of Flor/dry and, the Rural Economic Development Council of Florida has selected Evers/aries City as the 'F/or/da Outstandit~ Rural Community of the 3lear'; and, WHEREAS, WHEREAS, Enterprise Florida has joined in recognizing Everglades City as the 'Florida Outstandlhg Rural Community of the Year'; and, the Friends of the A4useum of the Evergladea are responsible for preparing and submittit~ the application that won the above designations for the Oty WHEREAS, the awa~ includes a grant of ~2,5~ which wilt be used by the Fri~d~ of the Ever~ladek ~useum fo(, lh~ betterment of the cOmmuni~ .. ~ .. .. '. ,~. ~ ~,~ NOW ?~Eg~ be H proclaimed by the Boa~ of Coun~ ~ommissioners of Colf;~ County, Florida, tho~ Evec9lod~ FLORIDA OUTSTANDING RURA£ CO~4~UNITY Of THE YEAR and is hereby recognized for this ach/evemen! and extends its appreciation to the Friends of the A4useaim of the Everglades for their efforts on behalf 0£ the Cily af Evemjlade$, the Museum of the Everglades a~ for dollier f~.' DONE AND ORDERED THIS ISth Day of December, lggS. O CLEI~K BOARD OF COUN Fy CO/H/R£55IONER5 COLLIER COUNTY, FLORIDA I~etmit .o. 98-8 '8A- PERMIT F'OR CARNIVAl. EXiiiBI,r,IoN £iATE OF' FL,).R:LA : COUNTy OF C! ~: :E.~: >;}iEPEAY, '%i..,:r Cr:.~:.t7 A'~i'-'ulture F~ir and Exposition, Inc., has mado r ezr..: :. ::.:, ,~s set iofth i~ Chdpter 10~ Art ici*~ ]2~ /wusemen..s c~rr;iv~ll . r ,':.::.~t:' :,,:. w! ii i., ~.ducted according to lawfu] Fequiremehts ~n<t WiiEPEA~, sa~:-: '~.lli,:r C~),;n~y Agriculture Fair and Exposition Inc., has r;OW, TH/:~SF~jb}, THiS FEP:.tlT IS HEREBy G~TED TO Co,lief County Agriculture and EXFos:~tor' ~nc., to conduct a c~rnival or exhibition [=om January 8 through January 16, 19~9, ::~ accordance with the terms a~d coDditio~s set forth in the ~;et~tioner's .~Fplic-'ion .,nu all related documents, attached hereto and ir, sorpcrated he:ein for 'h.: :olh.i:nc~ ~g':;,~ribed property: (See ~ttacned Exhibit "A') T~' :".:';'.' : ~',l'.',.t;: -: t'.,~n:..,,~~ F,~-, Sure'y Bond and O(~cu[;atiot,4] [.ic~hsn tr~e Clerk ,,: C, .rts .n an: ~,~ c~{: / Coun,y 'his day BOARD OF COUNTY cr)~l ~:; IONE~S: COLLIER COUNTY, FLORIDA: 18~-1 .J 98 ::'I'Z'ZON NO. iiREC:EI,V ED NOV 2 3 1998 I 1-9-~R :['[7'IONER'S HAME: C(~llier County Aqriculture Fair and ~~c. :TITIONER'S ADDRESS: 751 39th Ay. NE Naples, Florida 34120 .TELEPIIONE: (941) 455-1444 :~OPERTY OWNER'S NAME: Col______l.i.e.r._C_ounty Board of County Commissioner.q ,,OPERTY OWNER'.q AI~DnESS: 3301 East Tamiami Trail '~nnle,~, FI. 3412~ ........ .TELEPHONE: (04]) 774-83R3 XCAL DESCRIPTION OF SI;BJECT PROPERTY: see attache(] sheet L:;ERAL I,OCATION: }!~.,'v 846 and ~orth Gnlden Gate RIIENT ZONING: __!~Ur2t_ CURRENT USE: ATURE OF PETITIOH; _l.~in~{O), day hermit for A~nual FOLLOWING INFOIC~ATION IS INCLUDED IN ~HIS P~TXON :~N, SEE REVERSE SIDE.) ' 3.a. X 3.e.~),,, g 3 e.4)_ X 3.0.7)_ ~.b. ~ ~.~.~)., K ~.e.~) ~ ~.e.~)_ ~ ,. ~.~..,, Z~_ ~.~..~)~ ~.~.~). _~_~ ~.~.~)~ SIGNATURE OF PETITIONER (FOR EXPLANA- ~.'-.TI{ REVIEWED by Ronrd of County Commissioners:_~________. ,.''proved: · - Disapproved:___ < ~ditions of A)>prc~val: SZGNATUR~ OF COUNTY MANAGER Scplcmbcr 3i). 19'~X THE COLLIER COUNTY AGRICULTURAL FAIR and EXPOSITION, INC. Collier County Fair 751 39th Avenue N.E. Naples, FL 34120 (941) 455-1444 Fax: (941) 455-6701 RECEIVED NOV 2 3 1998 -1 J]oard ()/'(.,ollicr L',,tmly Co nmissioncrs 3301 I':asl 'T'amiami Trail Naph..'s. Flo 34103 Pt. Xl'l,a,~ SERVICES Attemion: Mr. Robcrl Mulhcr¢ Re: P,c,_lm..~,t For Coumv l"a[r Pcrmit Dear Mr. ,Mulhcrc, In accordance :¥ith ~t~c pr(Mshms of Collier County Ordinance No. 75-I !, we r~pectfi, ily submit the follou, ing infort:~:~t i,m and exhibits witnessing to our compliance to those requirements and our evidences of s~zch, i, ~hc fi)tm of a petition to obtain the subject permit. Sketch o1' site showing basic location of activities I~oard of Directors Evidence of public liability insurance Activity description l.cttcr confirming refuse service [,otter tbr private john use l.ctter confirming security from Sheriff I.cLtcr confirming emergency services Letter confirming fire safety l.and lease authorizing use of property located on I lighway 846, North (k)lden (;ate State l'ermit ' Tax exempt sheet t,\'c ~:: ~cquc~lin5 d~c {loard of Collier County CommJssioncra to waive the {bllowing r~uJremcnts o{'( ~;~ li::ancc ;t 75-i { as you have in thc past, becaus~ the Fair ^ssoeiat{on falls under the cla:-:~;:]::afion ofa mm-{~rofil organization. 2. 5.,.:ion I itc,:: .;.c. Non-reft, ndable Fcc .3. 2',,,'c~ion; hcrz', ;,~!. ()ccupatioflal Liccns~ in rex ic..v t~l' [}~c rcqucq, should any quest{o~ arisq please do not h~itate to contact me at Very 'I ruly 'ii~' ':" / I///' /,/.~ CollicrCoum~ . -'. Fair and ICxpo, i~i~,:~. · : 3rd !'.'.:!: A:ID EXPOSITIOn; PLAN~ SFJ~C[s County Fair ,~.'~:;[;Ai~Y P. th- 16th, 1999 ', ,"' 'l,t~, .*:ORTH C, OLDEM C, ATE ' i..\I' [.t'.q, FI,O~I DA 1-1:12 $¢~LC'~ t ° o JO0' ~8A- 8,8 O' ~: -< Z© >;0 Z'Z~ : i ACORD. CERTIFICAte OF LIABILITY INSURANCE..~'~.3!:.i~ ~, ~ :; .: ', .;: : PROOUCER ........ ; .;~; ': ', ' .' u ......... .,, 913.432.4400 I THIS CERTIFICATE IS ISSUED AS ,~'M ~dd~, ~[]~ VVllKerson irc , A,,~r~ ~ I~PORMATION , . ONLY AND CONFERS NO RIG~S U ~o Box ~ J HO~,. ,,,, c~,~,~ ~o~, ,o;°~ Shawnee Mission, KS 66201-2946 ~ ALTER THE COVE~GE AFFORDED BY THE p:~C~' I~ISURED Collier County Agri[:tll[ural Fair & Expo. 751 39th Avenue Northeast Naples FL 33964 A National Fire Insurance COMPANY B COMF'ANy C 9 8~ C0.VER~0ES ..: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN iSSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSU~NCE AFFORDED BY THE POLICIES DESCRIBED ttEREIN IS SU~ECT TO ALL THE TERMS. EXCLUSIONS ANO LeND TONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PA D C~ MS, LTR TYPE OF INSU~NC[ POlICY NUMBER POLLY EFFECT~E ~O[ICY ~PI~TION ~J133998752 EX C E.~S LIABILITY t ~--~ UMEIRELL~ FORM I OTHER TIULN uMan[t, tA ~'ORMJ ~ORK/RS COMREN~TION AND ~ EM,LOY ER,' L~a,t,~y il OFFiCeRS An~ : [ DAte 8/15/9P, DATE IMI~DD/'Yy 8/15/99 LIMITS , Gi.~_r~.~ ^C, onEG^r£. _ j $ 5000000 ?9.0__uc/s ' Fom",~:, aaa ~ S 1000000 .mom, ~,.;~.~ -[, ' ' '~oooooo .~,~c~,~nc ~ J s 1000000 ~[O EXP (~y o~e p~,so.) ~ S 5000 COMOINED $1/"iGLE tlMI l fROOIt¥ IN. JURY PROPERLY D~MAG[ ~yt_O onL~...D ~CC,OCNt OrllER T~ AUtO ONLY: EACH ACCIDEN r AGGREGATE [k [~Cl~ ~CCID[ N I EL.DISease_. POLICY LIMIT CERTIFICATE HOLDER CANCELLATION Collier County Goverrlt:lent Board of Collier COUl~l¥. A, CORD 25-S (I195] SItOIJLD ANY OF Tile ABOVE DESCRIBED POLICIES BE CANCELLED IElORE EXPIRATION DATE IIIEREOF. 111[ I.e~UiNG COMPANy WILL ENDEAVOR lO 10 DAYS WRITTEN NOlle[ TO TIlE cERTIfICATE tIOLDER NAMID TO Ttlf e ACORD CORPO~TION 1988 ACORD,. CERTIFICATE OF LIABILITY INSURANCE · ~bA TE PROOOC£R (210)829-7614 ~endel S. Kali ff Insurance P,O. Box 17122S San An[OhiO, EX 78217-122S FAX (210)829-7616 --- 08/27/1998 ?.~b~nFiCA]~ IS ISSUED"A$"A MAI lbN OF'~gF'O~ON" ONLY AND CONFERS NO RIGHTS UPON THE CERTIF CATE HOLOER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE CO~'PANY S~. Paul Surplus L~nes [n~. Co Attn: Peggy 8. Schulz Ext: A ~NSUREO Blue Crass Shows lnc CC'.',~Y General Star Indemnity Co. P 0 ~o~ 7S244 ~ C ' C 98 D CO L TR THIS IS TO CERTIFY T~OkT THE POLICIES OF I~SURANCE LISTED BELOW }lAVE BEEN ISSUED' TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIHEMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO ~{IC}I THIS CERTIFICATE LLAY BE ISSUED OR t,bxY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED ttEREIN IS SUBJECT TO ALL Tile IERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWNLLAY}tAVE BEEN REDUCED BY PAID CLAIMS TYPE O~ INSUP, JkNCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE {MMIDO~t'Y) DATE {MMIDO~"f) LIMITS GENERAL L IA ~{LI T~f X COM.".'E_RCIAL GE,NEPAL LLAUILIT¥ GCN£1LAL { { ('1 ~ S ~ 2 ~ ~ / PTI{SOMA[ O"'~IE ~ S & CON r~C fOR S P;;O f 0b/l J/1998 06/13/1999 X BROAD FORM [~CH OCCURRENCE S FIRE D~AGE (~y 10.000,000 t,000,000 1.000.000 1,000,000 $0.000 ALL G'.',?i,r D AUTOS E,~CES5 L IA BIL I'~t' COMOINED SINGLE LIMIT $ 000ILY INJURY (Pe¢ ¢~r Son) $ BODILY IN JUt{ Y ['ROPER fY DA~,{A(3 t. $ EX(, ,~',9096 0;/0811998 06/13/I999 EMPLOYERS' LIAOILITY THE PROPRI£ [ACH OCCUF~RENCE AGGREGA f [ $ 4.000,000 $ 4,000,000 $ TORY LIMITS ER EL EACH ACCIDENT $ EL 01SEASE · POt ICY [ H,,II t EL DIsr. AsF. rA [MPt O¥[ ~.; $ OESCRIPTION OF' OPERA flONS, LO~A TtONS,¥EHICLL.5,,SPECiAL ITEMS ADDITIONAL INSURED: EVENT DATEq: CERTIFICATE HOLDER IHI COLt. IER COUNTY FAIR ASSOCIATION; BOARD OF COUHTY COMMISSIONERS: COLLIER (]OHNTY COVERNMEN/; A~ RISP[CT% OI'ERAT[ONS Of: NAMED INSUR£D ] A-gq TIIR~UCtl ]-[G-gq III[ C:>I [ ].ER ('(;tiNt', IAI,,' AT TN: AqN WARD ?~1 3')J){ AV[NU[ ,i.~ . NAPL[:~. ft 33q61 JACORO 25-S {1/95) ,',',",,)L [AT ](IN CANCELLATION SHOULD ANY OF TIlE ABOVE DESCRIII[D POt. ICIES BE CANCELLED II[FORE T>{E EXPIRATION OAT/ THEREOF, THE ISSLJING COMPANY ~LL [N~EAVOR TO MAIL aUT FAILURE TO MAIL SLICH NOlle[ SHALL IMPOSE NO ORLIGA~ON OR LIA[IILIT ¢ OF ANY KIND UPON TIlE COMPANY. I1S AGENTS OR REPNESENTA~IVLS and EXPOSITION, INC. Collier County Fair 751 39th A¥onuo N.E. Naplos, FL. 33964 (813) 455.1444 Activity Descriptiou List I. Blue Grass Shows A. 25 Amusement Itens B. Concessions 1. Cotton Candy 2. Popcorn 3. Candy Apples C. Games For Prizes II. Dis[)!av Booths A. Red Cross g. Hah Radio C. Mental Health. D. Animal Care Civil Defence F. Ho:e Econinists G. Military H. Emergency Medical Services I. Wonen's Club J. Petting Zoo Iii. Exhibits A. Agriculture E. Livestock - AE/FFA C. Horticulture D. F.. F. Hobby G. Culinary H, Canning I. Clothing J. O~namental V. Concessions, l, ocal Clubs, Orr, anizations & Professional Groups A.iiot Dogs g. Hanburgers C. Sodas D. tiero Sandwich E. Candy F. Cake G. Ice Cream Il. Foreign Foods I. FruLL t,IG:4T COLLIEI{ CO UNTY FAIR 751 NE 39q'11 AVE COL ~ 941 430-1444 ANN WA~) ~a COLL I ER PAGE 0,: SERVICE AGREEMENT NON-HAZARDOUS ASTE 2268930 TR NAPI,~Lq-TEMP R,OLI,OI,'~- AP ACTIVE PIC KI. II' 01/05~}8 34120 I0?08/97 0 U06,gg 5 20 YD CON-I'AINER ON CAI,I, THI9 IS A LEGAl LY 8~IDING CO~,"RACT AND YOU AGREE TO ACCEPT THE SERV~F_S ~D EQUIPME~ AT C~GES ~0 FREQUEN~ INDITED ON TNIS AGREEMENT S'J[ JEC7 rO 1~'[{ TERMS ~,D COND~IONS SPECIFIED. C}~NG~S IN YCU~ SERVICE LOC~FiON V/FIHIN OUq SfRV;C[: AR~ g~J L ~;Or ~[FECT T)~TERMSO; T,~,3 a,:lF;[F.JE'¢r UNt[Sf;'e,'L PROViO~ ~CAyswRiTTEN~iiCECF TERN~;~T~N C O I,I~ I-Ut C f) t ;NT'Y FA IR NAPLES 941 .ISIS. 14-1-I ANN wArtD I75t Nlq 37r1! AVl-: 34i20 20 YI) _C(.)N~F:_~ rNIq_H__L IiAiJi.iNC PL~.SE DELIVI-:It 6 20I,W F;FFI-:C'I'IYq.; 01.06.99 PElt ANN WARD LE.&V~:$ i ON :'qI'FI-; ANN ~.VII,[. CA[.I, V.'III-LN SHE WA.%-rs Al.I, OV 'I'llE3! PI;I.I,ED ANI) CANCEl, JAY~EAN DONE 18.32 ~so,oo __ 1139,07 1029.'28 16:,11 *iii: T! IU. 12 A,'iD COND:IION$ A~F. PAtlT CF IIq!; AGFIE'£MFNI }'-g.*: I of I GUI,F I)tSP & WM OF COLI,IEIt CN'TY PO BOX ~;g85 (941) 33.1-4115 F~ (941) 334-~38 SERVICE AGREEMENT NON-HAZAFtDOLJS.,WASTE ' ;'. ' i. COLLIER COUNq'Y FAIR 2268912 PO PORT-O.LI;,'T . CU1.F j CN CANCEl, 701 NE 3VFII AVE 01t:10/98 NAPLES COL I"l., 941 453-L4-14 A,N,~ WARD TH~ TS A LEG~LY gl~lOIKO CON;&ACT ANC YOU AGUE TO AC~P[ THE 5ER~qCES THE TER~,IS OF T~S AOrtEEMENT ut&ESS ',YE F'~O','IDE 30 DAYS WRITTEN NOTICE oF TERMIr~TION. COI~ER COI/N-I~' FAIIt g.II 45~1444 A3~N: ANN ~'A RI) ANN WARD 751 NE g~'I{AVE NAPLES FI. 34120 8PECLAL EVENq' ACCOL;N~r FOR ANNUAl, FAIR DELIVER 20 UNITS TIIURS 1'5B8 CLF..~N UNITS DALLY 1,'8. I/[ c, KE~IOVE UNITS 1/17 & l/IR JAYNF. tN OILDEII D()NE THE TEHk;S A~',:Q C()t~[)lflOtiS A,qE PA[IT 0[' TI tl[J A(;lq.l:ktLN! Printed O,: 10,2t)gg 11:03 I:'~g,, ~.: 1 of I COUNTY GOVERNMENT C 98 :1301 E. TAM It\MI TRAIl, NAPI. ES, FI. 3,1112 (fl,111 77,1-8,15fl FAX (9.11 ) 775-,1.15,t A CI':RTIFIED BI.UE CHIP COM,MUNITY i'.mcrjcc cy .\h'~b, d ','~'.1, c....t ~71 lw h.,pp? to .ik'. I pr,,x'~tJc l'.tr.mwth~..'\dy;rated l.~fc .%t~ p,)rt c~wcr. B,,c fl~r thc <),[hcr (~,)tmtv I'~'", I'.ut it ~ ,,ur uHtlcrsr.lnd,~?, rh,H thE' }'.ur wdl rml tt,m~.j,lnuary 8~' I}ln~u?.h }:muaO. 1(,~, It't-t' ILIgc. ,'\c rm.t7 t)jx, r,m, ,ns ( :ha' f I)ctx~rtmcnr ,,:' i,',r t cnu,..<,'rv, c. RECEIVED NOV Z 3 12~.~ ~'At~G SERV~£s Collier County Govt. Complex Bldg. - J 3301 Tarniami Trail East. Naples. FL 34112 Toh:photm (AC 941) 77;1-443,1 98 October 8, 1998 Ms. Ann Ward C()I.I.II'~I-~ COUNTY I:AIR 13OARD 751 30th Avenue N.I.:. Naph.'s, FI. 34 120 NI.'.: Fair Security ,I:~nunrc,'q, I t)99 throtlgh,/ant~a~T 16, 1990 Dear M~d~ Thc Collier County Sh<:~fifl's Office will provide sccu~ty for thc 1999 Annual Collier County Fair ;~nd Agricultural Exhibit. ", ' , Security will be per our agrcen~cnt and contract which will bring the [Pair into compliance wilh Collier Cokllllv Ordinance Chapter 8 1/4, Section 5 (2). ' I look forward to wort.:ing with you at thc Fair lhi:s )'e'ar and if I (';In t)e of any ftlI'th(~F ;l~'i,";J,st;lllt:{:, t)l~;l.,,;(, C~tI[ lI1C. I)O -pHunI Sbt;riff er, Collier C¢ unty, Fh>rid:~ RECEIVED 140V 2 3 1223 PLANN~ SERVICES BIG CORKSCREW ISLAND FIRE CONTROL & RESCUE DISTRICT c, October 6, 1998 To The Collier County Fair Board: 132,11) imrm~k.dcc N,ildc~, Fh,rl,l., 1.l; <'}.Ill ,155.1204 This letter is to confirm that the Big Corkscrew Island Fire Control & Rescue District will supply fire protection services for the 1999 Collier County Fair. All applicable fire codes will have to be enforced and adhered to for the safety of all concerned. The amount of donation requested for personnel and equipment $100.00 per day. II I or my staff can be ol any further assistance, please call (941) 4,.55-1204. Sincerely ./ ,,/ _~- . /f, . FrAnk O. Ko¢~,~'ik, Fire Chief RECEIVED PLANNING SERVICEs 9.8 C0 .';. 1986, becveen the COLLIER COUNFy FAIR AND AGRICULTURAL EXPOSITION, INC., hereinafter referred to al "LE.SSE£", ~ad th~ BOARD OF COUNTY CON24ISSIONERS OF COLLIER COUNT~, FIX)RII~A h~ral~ftar referred ,. proper~X Io.:n~ed In Ornngetree. aka North Colde~ C~te~ for the pu~pos~ o{ O~er~rlnq ~ ~alr~ro. nd f~cllit~. ~" I T N E S S £ T 11 ,tRTIC[.£ .,'. D~mlse,! Premises In ccn~.lderstion of the payment of Feu~s, Jervicej [o ~he CO~niiy sod factliCle~ provided for Co__nit7 u~e ~ud the per~o~nce of the covena<t~ 'b~r~tna/tet ~et forth, LESSOR hereb~ le~e~ to L~SSEE ~nd I.E%gEE hereby :en~a tr~,~ LESSOR the propertF described In Exhibit "X", a'tt,;ch~d hereto and made a part hereof, and hereinafter called the "~e::.ae ] Preml~en", situated In the County of Colller ~nd State of .,,a, fcr: . purpose of operating, fairground facility, coast.teat ~lth tho :/crib (;ohlen Cate P.U.3. doc~cnc a~ recorded in the Official ~ec,~rd.; .~: Coltter County. Official Record Book 1180, Pages t56t through 1555. [hl~; pu:pOne 1~ to be considered a recreationalfacility bythe Cemra,~r~lt.,, L'~-I,,i, me=t Dlvlnlon ol CoIl[~r County. ~?Ti']i.S ' Term of T~, Fay. ami to hold ~or ~ ter= of flft~ e ' ~50t years, tO co~ence Jan,,,~rv 15, l?E; nt:d to ter~lnnte on January [~. 203~, ~r-=~,~..; :~ .... ;';n ,)I t)ne bollnr ($1.00) per annu~. ~11 of ~hlch shall chic Agreement ~/ter ninety (90) daTm vt:tten not:ce to LES~E~. unlewa the default be cured vlthln the notice period. Prior to ~klng ~nI ch~nge~. ~lter*~lons. *ddltlonu or l~proVe~ent~ ~o the Demised Premise,. other than tho~= sho~ and de~crlbed plan ~tt*ched. hereins~ter re~erred to ~, gxhlbl~ "B". ~tt~ched and ~de a par~ hereo[, LESSEE viii provld, to I.ESSOR, In vrLtlog, propoaals and plan, for alteratlona, ~prove=entn, changea or addltlo~ to the Oeelned Pre=lacs for LESSOR'S vrlttt, n approval, ~pecl~rlng the nature and extent of the dealred alterntlon, Improvement. chanse' or addition, along vlth the Contemplated ~tarr~ng and completion tl~ for such project. LESSOR Or Ira deelgnee vlll :hen have thirty ~lchtn vhlch to approve or deny In vrltlng ~ald requeec ~or chaagee, l~prove=en~i', ~[Cerntlona or ~ddttloas. l~ after thirty (30) da/~ there hn~ been no re~pon~e fr~ LESSOR or Itu designee to aald propo~ala piano, then euch allence ~halt be deemed aa deal~l to ouch requeet of LESSEE. I~ upon obtaining ur:tten cOnaenc and C~enclng aatd elteratlons, addlclon~ or lmprovement~, LESSEE fa:In Co cc=plete ica york urchin tile co=ple:Ion ~lme as approved b't LESSOR L~So~R ~y elecclon cc=ple~e .~id Changes. l=prove=ent~, nlt~r.~clonz, or addltton~. ~n7 costs are Incurred ?~y I.EGGOR a~ the resul~ of I.}'SGEE'S failure beg~n, ~t.,rt or complete the Propoaed project n.d by [.EgSOR's the propc~ed project, teen ~?~>n de=~nd and ~:~tln th:rty (30) daya LESSOR. No electlot~ to per~orm by [.ES~OR ~hall crm.tltote velvet o~ covenant or oblt,:ntl~n o~ I.ESS}:E or any future defa,~it.' Incl~dln< thn.;e d(..h': Ibrd and ~ao~.n In }:*hiblg "B", to observe A~e~lrn. State o( LEgSOR ac the end O~ the :e~ or ocher expiration o~ te~lniclon o~ this Levee In aa 8~d order and conditio~ as the7 ve~e vhen ~c~sooable year a~ Cear excepted; provided, h~ever, if prior to the no directs. L~SEE ahalL pro~pcl7 re~ve the ~ddl~lon~. l=provemen:~, ~iteratlou~, [~ture, and lnstallationa vhlch vere placed in. on or upon the Dc=iced Praise, by L~S~ ~d vhich ~re deeiguaCed In s~td notica, and rep,ir ,u~ da~ge occ~ssioued to the Demised pre=iaea by much and in defauiC thereoE, L~SOR ~ effect maid re~valn and repalre :E3ZER'S expense.. ,k~TICLE 6. Access Co Oemimed Premise, I. ESSGR, ira dul~ authorized ageuta, repremeutatives ,nd ,hsll hive'S'he right, after rea6o~ble uotice to LESSEE. to ~nter into ~nd upon the De~aed Plmiaes or any parc thereof at all reasonsble hour~ for the purpose of making repairs mud fur the purposes o[ tn,p~ccio~ for cc:pli~uce vlth the prOvimioua of thim Lease Agreement. AXTICLff 7. ~sai~ment and Subtectln~ LESSEE shall: not at any ti~e aaaigu this Agreement or any part therco~ vithout prto[ 'vrl~teu cousenC of LESSOR e'x~epc am othe~lme provided herelti. 'il LESSEE shall have full rights and responslbllic), to contract for the ~erlor~nce~. conce~lon6 and uses which nrc to be conducted at the ~emt';~d Premises. lu th~ event that a performance, activity or :e'l,tre~ thoC LESSEE sublet the Demised Premiae,s in vholr nc in ;'arC, tot .o,. e~eeding..elx'~ (6) ,~at~. nc snv con,,,'c,,ttve ~1~ (;,) ~onth :~:~. '.',ch sublet ~t,.tt b, ,uhJect to the term,, n,~,l cond'.~ :~u, o~ chi,, b- :esscr. ably ~ichhe/d.. Subleases for ~ period lens than ~lx (6) ,,m,,it be subject to th~ terms and condition~ of this Agree=emi bric shall' no~ requtr~ prior approval'of th, LESSOR.' ' I [nHt[]~ .......... I - 1III ^R~' [CLE B. Frc.~, c~ean, attractive and ~n ~ood condition nt e~ t~n,,, t[ con~tttut~ ~dd:ttnnnZ rent uhich aha11 be paid by L~SS~E ulth~n ten da?~ of r~re~t of vcitten notice o~ comte t~cutred by LRSSOR. A~TIC:.E 9. :n,l,~Itv a~d laaura~ce J.ESSLL 'tmv~nant~ ~nd s~ree~ that lc viii de~e~d, protect and 2~n.~lc';. ,Jaz.,<,. Injury coats, or charge, ~po~ed for ~ny vlolatioa of nny l~u or ~rdlnanee. uhether occasioned by the ae~lect of LF~Sg~ or tho~e holding under L~SEg. and t~t L~S~ viii at ,11 tl~a defend. pro~ect. I~d~mnl/y and may, amd keep hatmleam ~SOR ag:Ina: ~:d ~r~ cln~.~, lo~. injury, costa, damage o~ ezpe~e arimin8 ~C of or from any ~cc:dent ar ocher OCCurrence om or ab~t the Deetacd Preml~ea cauaImg ~nJury ca en~' p~r~an or peraona~ property vhoaoever and vhataOever, dur:::( th~ ~er~ of thl~ Leane or any extension hereof. ~e L~SgE to :.lke cut and ~-~Intatn uith a reputable insurance C~pmn7' at tt~ sole expend,, public liability Insurance age/nat property de.ge or p,'r'.en.t~ ~njury ~ttstng our of or grO~ln8 out of the u~e o~ or occurrlqg comprehenqt~.- ~eflerat.,~lbitttr~v~r~t~ , Col i~rr Ccuntv ro b~ pro'.'~d~d ~y L~5~ ~"l~d~d'"~d"tent~tred b7 a=,>unt ,,: proce,:tt,)n nl~orded Collier County b7 LESSEE ahall contlnuallI r.fle,-t a .r.'nd.r,I cOVerage amount aa required by the LESSOR'S Rtak C~lliar County shell be 1laced as an additional ioaured ~ said polic7' ( compan7 or Comp,nice authorized to encase In the buelaaf( ot ~eaec~l ~[abil~t7 Insurance in the State o[ ~lorida mod authocized to do business under the Isys of the State of rlorlda, rich the following quell[icatio=a aa tO management and [lnnnclal strength: The company must be rated no as to ~In~ncls! rat!ng in accorda:ce vtth the ~atent edition o~ Beet's ~e7 Rating Guide publ!~hed by A.~. Best Cc~psnr' Inc. ("~l't"'~c4~Uzn'cc}. prlot._to, the occupanct oE the D~m! a ~ LgSSEE agree~ :o make no changes, or caacellations of the In~uraace vl~hout thirty (]0) da~e prior vrltten notice to L~SOR. LESSEE shall also eas..~re thac the losurance coverage provided accordance rich this Lense shall require that the C~pany vrltl:g such insurance rolic? shell provide to LESSOR vtttten :otice c~mcellatlon ~hltty (30) d~>.s prior to the propomed cancellation. LESSOR re~erves the rtRht to r~n.,'h.blv am~nd the insurance requirc~nts b7 issuance of no:lcc In vritt ~l to :.ZSSEE. uhcreupoa receipt o( such notice L~JSSEE shall hav~ thirty (]0) days t:l vhich co obtain such additional I~ LESSEE c.~nn,~t obtain requlred insurance aa stated hernia ~oc petit,! m)~ to e.ce('d th~e ()) ~]nsecuttv,s this agr~,.:en: aft,ir thirty (30) days vtittea notice to LESSEE. u,~ie~,; th* default be cut~,t vithln the notice period. Under no circu:~cance r~y [.~5~F. operate i~ any capacity oo the Demised LESSOR. ^1[ uttlIclem mad ~e~'~[Cem. lnclud~n~ lo~t[aI hookup~ o( .hall be reeponstbl, ~or the dirrcc pa~ent to th~ ~ppropri4ta co~p~7 such uCilitie~ and ~ervicee arc available LESS()~ ~y require LFJS~ ARTICLE 11. Joint Un, o~ Demised LESSEE ~ree~ to allo~ LESSOR. aC mo co~¢ to I.ESSOR. to uae Pr,mia,e. vhe~ ~o~ occupied b7 L~SE~. Such u,~ ~7 Include. but noc l[mited to. 4-R activities, recrea~lonal pro)~r~=~ ~nd educational uaea. ~r[o~ ~o acheduJ~n8 oE even[s. LESSO~ ah, Il prov[de [o LFJS[E v~ici~g a propoaed echedule mod evens loc LESSEE'S w~ltten cpecl~ying t~e mad event to ta~ place. LESSEE or i~a designee vti[ chon ~ve thirty (30) dayn vichfn vhich Co approve or ~enr ~a ~itfng ~a[d requemt for use o~ Demised Premine~. I[ after thirty (30) dRym Chore has '~em mo ~esponae ~r~ LESSEE or Its dc,iKnee co ~ntd requeac, ch, e~ ~uch sElcnce shall be deemed am denial of m~ch request o~ LESSOR. [ rr~Kr ,_id__ shall nos Unreasonably uithhold tc~ con,eno ~o such requea~ed ~','enc or ~chedulin~ b7 LSSSO~. LESSOR ulll In no var cu:~i[c: o: comp(Ce ~ich LESSEE'S actlvltlee. LESSEE ~ree~ ~o alloy Collier County A~rlcul~ural Dcp4:C:~nt plant t~ees on Demised Premise~. Area~ :;hall b~ n;;rc~d urcn b7 both rarcles prior Co any planting on Demi me,l Pre=i.r,. Collier County ~:ic'JL:Ural Department as~u~en ~ ,u,, reapons~btlitv ',?r th, ~n.~ care of ~mid t~en. The~e trees are to h, '~';,',! [~arc~ Jnd study. 't~,: i:~ the re~ularl7 ~;c he,lu lcd Collie~ Co,tnc y ~'.~ I r . ext ~[,t :n the hand.hip and '~hlch case notice ~itt be given co :he LES'.;EE. in ~r!~ln~, hv the LESS()?.. LESSOR and LESSEE agree chat ~he u~e of the D.~i.ed Fr~:t~e~ .h.~ll be f.r ~he be.e/lC of the general public. To t)eC~er qel'.'e the needs of the bemuses LESSOR ~nd [.~S~E. F.cilltiem .ay include, but .re hoc they art for chi use o: the Keneral public. Said facilities s~*ll b~ an extension o~ o~he~ i=prove~ents conac~c~d on the De~sed Pg~laea and may be uciliced, ~here appropriate, to support LESSEE'S activities. LESSOR retains acce~ rights to enter upon the Demised Premises for the Premises shall he ~on~:~c~ed vi:him ~o (2) years fr~ :he dace o~ the ail ~inCer~nce coats o~ said lake, such ~/uCe~nc~ ~hall b~ perio~d by the LESSOR. Furthe~re ~ven:y ~ive percan~ (252) o[ :he mpo~ ~e~ved f~'~ the 1R~e shag: belong :o and be used b7 :he LESSOR. ~potl shall be used on Cbc Demised Prc~lses. ARTICLE 12. De~aulcm by Failure o~ LESSEE co co:ply v~ch any p~'ovialon o~ covenant of :hie Agree=chi shall coust:tu:e a de~auic. LESSOR ~y. aC ica op:lou, resinate thin Agreeaen: after ninety (90) days vriiceu notice Co L~S~, unless the defaul: be cured vithiu the noclce period (or ~ch clue a~ la reasonably requlrcd co correc~ such default). H~ever, occurrence o[ ami,' o[ :he (ollcvinR events shall constitute a de,muir b provisions o~ Article 12 h~:~ln; (~) Aba~donae~t of [)emi,ed ['remlnea. revocs~lo~ or dimsolutlom of ch.~rter, or dt'~ccncinuaClon of I.E~SEE'S opera,ion, excepc (b) Fal~l'icactun 5y [.,.,,., .... or any o~lcer or auChorlaed agenC Li~Z 5 F,~ of ar~v :el. orr req,il red to be furnished co LESSOR In che ,~'/enC o1' the 'occurrence of any o[ Che foregoing defaults aha[[ have the £~:ed[,te right to cancel thin Lease a~t reenter and re~ove al! Persons and prope¢c7 [rc~ the Den!amd ?reniaee. LESSOR mhnll In no event be charged with de[suit in the perfot'm~ece of any of ica obligations hcreuadsr unless and until L~SOR shal~ hmve ~al~ed ~o perform much obl~Ra~lo~m vich~ ch~t7 (30) dmTm (or much mddtC{onmI ct~e aa ~ ream°nab17 ~equtred ~o correct ~ch dmEmulc) miter notice co LESSOR b7 LESSEE proper~r mpec{Eytng vhere{o L~SOR ham Em[led CO petIor~ mny much obltgaCIoam. ARTICI.E l~. Notlce~ An7 notice vhlch I.~S~OR or L~ER ~y be required to 81~e to t~e other par~7 shall be In vrltln8 to the ocher patti aC the ~o[~ addrcsmes: Original ~o: t? H~anager 8uildiag "F" Real ?ropert7 H~nagement Department ]301Tamia'm'i ?rail East Building "D" Nap]em. Florida 33962 Collier County Fair ~Lud Asricultu~al F-Xp~ai~iou, P.O. Box 737 Naplea. Florid~ 33939 ARTICLE 15. Surrender of Premises LESSEE COVenants and agrees to deliver up and aUrreuder to LESSOR Possess!ca of the Demised ?reml6es and any improvements to the Demised Pre=isms upon expiration o{ this Lea6e, or £ta earlier te:'~1natiou aa herein 2rovided, broo= clean and in as Rood condition and repair aa the same shall be at the cora~encement of the term of chin Lease or ~,-y have been p,~t by LESSCP or LESSE~ d~rlng the continuance thereo~, ordtru~r7 year and :e,~r a:~,l '!~:.Ke ~,/ ~irc or the eleme;~ta beyond LESSEE'S con,roi excepted. ARIiCI. E [6. C°ndem~ntign Clause 1£ ~he vhoie property of the ~emised condemned by any competent authority for any publlc or qusmi-publlc u~e or Ft~rpc~. (h~n In that event this Le~e and the 'tet~ o[ thi~ Lamas 4PP,)rtione,I end p,ld t;{, CO'said d,~te or the tint. in vhich [.ESSEE'S (- , (- .= or Celibate' but the ten: Payable hereunde~ after the date on I.ESSE~ mba1: be required to murrender pOame~mlon of the r,rt of the Dec, led prc~ei IO t~ke~ or conde~ne~ Iha[1 be r~duceO Proport:~n~tr~y ~Ceria[ly iapai~ed, Vhichever iR e~rller. If the re~:c:t~g Pot,:on the De=[eed ['rem~le~ ~a hoc ~uff[c:eot for the c'pera:{~a of [[' (90) daya o[ the Caking of ,22 or port,on o~ the De~{~ed Pre~l~e~. Ia the event o~ a~y such t~k~ag or Ccnde~nAClon In ~hole or ~he eat:re avard ihall belong co LESSOR ~'lChouc any deducclou tn the Value of ch( unexpired ce~ o{ chiJ [.ease. or for anv eche: ~Cate or i=[ercac in the Demiaed J're=~aco nov or herefr, a~:~t '.'~r,:.~ fa ~urthcr=ore L~SEE hereby ~.1~. to r. hc LESSO~ all o: :cs CLC~r and Interest ~n ~:~d co any all ~uch .l'-'ard or a~nrc,, '-:thcu~ ,]::,.,. or all rights, e~taCe~ or any pate thcreo:. N°thlnR herein co.ca,ned be conoctued :o Pe~lt :he LESSOR to ~e '~Ppllca~ton c: clair or Any re-ccn~t~c:iou required aa a ~caulc o[ Rly [,IL[t~g :cnce~p[a:ed herein ~hall be aC cbc ~o1,, ,'o~c ~n(I c~pen~,, o{ [['c {f cc:penSated by the :nkinR ~uthority f~)r ~,aid re'cot:sc:,:ctlcn. D:ts ',.ease ehail be governed Fy ~mf corl?.Crut, d in ~lct'~;d~t;ce ~'.:h '.a'a,, o~ the State of Florida. AklICLE 1/. Caners[ Provt~Inn~ LESSOR and LESSEE recognize that Coil:er Co~nty (LLSSdR) acquired the [ICmlned Premises through . COnveyance by the Developer the OrangeCtee Planned Unit Development ({orally ~o~ a~ NOtCh Golden ~;~te) In accordance vlth ~eve ' lopment co~ltmentl applicable thereto, tC 1~ further recognl,ed that the potential al~ay~ exl~t, that the Developer o{ the OranRctrce P~aoncd Unit DeVelopment or a third party amy . '.~77 ...q , , ........... -.-,~y~o~e~hta..~ ..... ...., . , ' ' ' ' ' "~:'- ~ .... ~**Satt~ns- .l~,l~a,~.' ' · · >~.' '.~. t . · ', ' , .. :,..., set' forth PLanned Unl~ Development (PUD) D~cUment (kno~ as tbs "p~ ~y document) It ts therefore agread by LESSOR and LESS'~ - " ;:'' , ..th, c litigation to lustttuct{ ln'l Court '0 c°"pl~int'Jurl~dlctlon and' ' such ll-tlRmtlaa rcsuJ. Cs In · requlrenen~ tha~ Co[II,r Count7 (Lf. SSOR) r*conve7 the Den~lsed Prcml~e~ to [h~ Developer, chl~ l~*s~ ~hm%l b. c~cmlnm&~d l~dl~te%y upon ~uch c~convw%nnc~ mn,l ~LSSKK ~hmll r~ln,lul~b LESSEE ~u~Jy under~cmnd~ ~b~ ~hz police ~nd Im~ ~n~orc~m~ securl~7 protection provided b7 i~v ea~orce~cnc ~Renc~e~ ~or the ~bo~e rc~e~enced Demised Pre~tsea ~a 1la/ted to ch~t provided :o an7 other ~nd ~hn~ InvoLve no co~ or e~pense to LESSOR. LESSEE ~pre~s~y ~grees for ttm~LI, ~tu ~uccen~or and aa.~gna, to PeSt,tn ~ro= any uae of the Demised Premlse~ vhlch would /nterfere vtth or advergel7 aEfect the operaClon or ~nCenonce o~ LgSSOi'S operaclona oe adjacent proper:7 or where other operat:una ~hara c~n fac~llclea under o~e (1) rooE. t. ESSEE mh~ll not co~c, or m11~ to be co--toted, an7 v~te on the Demised Pre=tses. c:eace or alloy any nulgnnce on th~ Pemtned Premlaea LESSOR ~ha/1 not be requ/red co turn,nh the LKSSEE any tac:l~C~ea or but r,o: Il.wi:ed co, u~Cec, electrlcitT, llRht and power, gardening outdoor ~lntenance. I,ESSOR gh~ll no: be required to ~nke any alterations, rebulldlngn, repl2cen~nts, ch,mge~, *dditlon.. or rtpairn durlnt the ~nld ter= of thI~ Ihe LESSEE u/Il noc incur any indebtedne,u girthg a right to ~ cl~:a a~ lien an the Det~Lr)ed Preaises or upon ~he [.ES',;EE'S ln~ereac under the l.~ane. The ,x[~[ence of ~ny ~uch claim o( lieu [~r ~ p~rio,I in e~ces. s:xt'/ (60) day. after ~rttten notice thereof to I.E';'.;kE or ,t~tv (6Q) dayu I.[SSi~L ~iil c.u~e to be /lied a Notice nf Co~encement sho~ing I.FSSOR and pnrtl~s to receive nottteq under the tlechanlc'~ Lien I.au, All contracts In ot ch, Omni.ed ?r,~tse. ah. Il be at LESS£fi~S cxpenam0 and the product of' ~he york *hall become a part o[ the Demleed Pcemtata. A Ieodla~ Institution or bank, muthorl~ed to do bualotee In the State of Florida, ma7 aucceed to the rlghte o~ the LESSEE tn e pledse of Cred£t and ~&[! ~ot connt~tuta m de,muir uodet thte Lemme. Upon co=manceaent of the Inltlal term of thlm [.emma. LESSEE eha[[ operate e [a£rground fact~£ty ms deacrlbed above on the Dam[ned Pt¢~lmee In a bua:~eaallke and reputable m~oner. L£SfiEE covcnanta and agrees not to uae, occupy, aut[er or perelt s41d Oe~laed Pre~taca or any pact thereo~ to be uaed or occupied top any purpoa¢ other than deecrlbed above. ^RTiCI, E 18. Effective Date rhl~ Ltaee Agrceaent ~hall bec o=e et[active upon execution b7 both L[SSOR .n,! I.EJ;SEE. ;~'~ '~ITNgSS ~(/REOF, the partlea hereto have hereunder set forth their hnnd~ .nd 't,'eaLs. AS TO TI!E LESSOR: BOARD OF coLrNT~ CO,%~,(iSSiOHERS COLLIER COUNTY, FLORIDA SSE JR A~ to LESSOg ( iOR.r :~'AT~.: SF. AI.) COLLIER COUNTy FAIR ACRICULTURAL ~POSITIOH, I~;C. ,~Aa to LESSEE II ,$'TA 7'1£ 01" I'7.0RIDA I)I£I'A R TMENT OF A GRICUL TURI£ ,~ CONSU3IER SER VICES 7511.I.A ItA SSEF. (850) 487-4322 FAIR PERMIT No: 1869 October 1, 199,¥ Applicatiotz and payment of fee itl the atnount of $275.00 having been tnade to the bTorida Department of Agriculture and Consumer Services pursuant to lqorida Statutes 616. 15, for a permit to condttct a public fair or exposition, and having been determined tn be qualified by the Departtnent, this Fair Permit is hereby isst~ed to: Collier County Agrictiltttral Fair and F. xposition, Inc. 751 39th Aventte Northeast Naples. f'7orida 34120 to conduct a public fair or exposition at: 751 39th A ven,e Northea.~'t, ' , ?~aplt s, Florida for the dates of JanuaO' ,¥, 1999 through Janua~' 16, 1999. b',,rr~ 42t)60,~'-1)9~) t 93 ~lOB CRA WFORD COM3II.¥SIONER 01" AGRICUI. TURI". TAX EXEMPTION CERTIFICATE Having : ,-~ .} _n shown proc)l! that the Commissioner of Agriculture i~as issued Fair Permit 18j'2 to Collier County Aqricultural Pair and Ex~,osi. tion~ Inc. Name of Fair Association under Chapter 616, Florida Statutes, this TAX EXEMPTION CERTIFICATE is hereby issued to: Jim ;.h~ t'~ohv d/b/a Miahtv Blue ~rao.; ~-s Show~ Trade Name 2032 Tampa FL 336 095 Address City State This Certificate exempts said traveling show from payment of all Occupational Licenses while operating traveling shows, exhibitions, concessions and other amusement enterprises as defined in Section 616.12, Florida Statute.s, connection with the fair conducted by the above-named fair association at: 751 39ki: Aver:ue Northeask Place of Performance (Street or other location) Naples Collier City Count}, 01/'08/1999 Opening Date 01/16/1999 ~ Closi~ng Date Col lector C_~unty i NSTRLICTIONS: Form 1 !/94 Execute in quadruplicate as follows: White/Applicant Yellow/Tax Collector Pink/Sheriff Gold/Dept. of Agriculture & Consumer Servi(:,2:: Division of Marketing & Development 541 East Tennessee Street Tallahassee, [.'I, 32308 5 Issue Date 09/30/97 This Certifies That Florida Department oF Revenue I Consumer's Certificate of Exemptioni Issued Pursuant to Chapter 212, Florida Statutes Expiration Date Certificate Number 09/30/2002 21 -07-019878-70C Th~s Certificate ~s Non-transferable DR-14 R. 03/g7 Type of Organization FAIR ASSOC IAT IC.t; COLLIEF~ COUNT',' AGRICULTURAL FAIR AND NAPLES FL 33964-1410 Is Exempt From the Payment or' Sales and Use Tax on the Purchase or Lease of Tangible Personal Property, the Lease of Transient Rental Accommodations or Real Property. L.H. Fuchs Executive Director Iii1.% l.l'i..\Nl: ..\(;I~I!I!MliNI' cmcrcti inl,.~ ~hisk 2D -,.t;~,,' of .C.C~. hcI,.',c,.'l~ (',,~tltcr I'h'~l,.'rpriscs i~,c;dl,, (D',.ml-,. I~lc.. ;IS :\gcnl fc, r ('oilier I)c','cl,.~pmcm ,,,. h,~sc ~n;~iln't~ ad:h',.'.-:s is 31)1)3 'l'aml;uni 'l'rail N,.',rlh. NaF, lCS. I:loridn 341113. hcrcil'~al'lcl roiL'Ired lo ;~s "l,l'..'q,":,()N,", aud (.'()l.l,ll(l< ('()t 'N'l'h'. ;I i',olitical subdivisio~ ~l'thc SI'ate of Florida. v, hose nl;liling :lddrcss ix 33{11 t{;isl l';It~li;nlli 'l'r;~il, Nnplcs. Florida 34112, I~crcinal'~cr roiL'lied as "1.1!S.%1!I!". \VI FNIiSSI:.Ttl Ill COilSidcr;tlioH of Iht lllt~ttt:.ll co~.'Cll;.ltlls COlll;.lillcd l/crc;il, ;Hid olllCl' ~.:dual'dc CoIlSidCl'atiOtl, I]IC {*:~rlics ;tgi'CC ;tS :\P, I I('l.li I. !)_,,'nU 2 k'd J 'i's:!)li 5s7~ I I'i?;S()le, hc~cl~x Icascs to 1.1!551!1! ;llld I,I{,%N,I'iI! hcrchx' Ic:lscs Ii't~rll I 1::'4S()1~ I.t~(~(~ ~t. jtliil'C I~.'cl t}t':-;t'~;icc COllt;llllCd ill SLIiIC :: 145 ;11 3115(I North Jlorscsht~c I)rixc. N;lplcs, I'l~,ridll 34112. t~,..'rcin:ll'l,.'r rcl',..'r'rcd h~ ils Ibc "l)cznisc,,t I:'rcmi.scs'. lilt' Iht s,~lc I',tlr'i~t',s,..: ,il' ~,pcr;lltll7 ;~ ~0\ ',-'l'lllllt~'ll[ [ll'li,,'c I I'i.S.SI I! sh;tll h;l:c ;lllct hc, ld Iht I)crl~iScd PrCllliSCS for ;i three (3) .',car ICl'Ill COIllI'HCIICltlg .[zllllt:lr'x 15,. I')*)');Hld Icrllllll',ltill~,, Oil I)cccmhcr 31,21)III. I.I'iNNI'iI'i is ?';Hllcd Iht t~l',lioll, pl'oxidcd il is iIt~I ill dcl';tuh c~l' ;~ilX' of Ibc Ici'illS t~I' Ihis I.C;ISC. lo ;'CliO\'.' $;Irllc ;lllrlll;iJ]}'. ttTldcr lilt Ici'IllS ;llld COlltlili{~ns as pro\;dod hcrcil~, h5 Six ~lg Itl IJlc cxpir:tti,}t~ ,~1' thc leasehold cstutc ]~crcl~v created or thc tmc (I) )car rc~lcxx ;ti ]~cri~d'thcn in ct'I'ccl, haid notice period shall Ct}IllIllCI1CC [mm,on placcntcnt off thc xx'rittc~ Iici;cc ill zlll ol'llci;tJ depository ol'thc I :cited Slates Post Ol'licc, I{cgistcrcd or C'crlilicd Mail. Postage I>rcpi~id. l,liSSl!li may terminate this l,cusc n! any time hy providi~lg l.l~fiS()l{ with ninety I*)ll) tl;~xs Dm-ici x~m'illcz~ riot;cc Io I,I~SS()R at the address scl Ikarth ill this I,cnsc. Said not;cc sh:d:l become CI'I'L'CliXC tU~Ot~ thc d;mlc in xxhich Ibc l.l!SSlit! cilhcr hand-delivers said ll,~licc I,~ I.I{NN()R or tlp,m m HNNI(I{'N iM:JccmcHl t~l' said nolicc i;1 ;t~l oI'lSciitl dCJ~osllol'}' Ol' thc I 'l~Jtcd [CI'IllilI;IIk' IJlis [.CiiSC pm'ici It~ IIIc lu'l'lllillillitMl ditto scl I~l'lJl ill 11115 I.c;~su'. I.ILNNJ'.J sJlilll lllildC I,l thc l)c~tiscd I'rcmiscs liw m I{SSl(l{ hx, l,I!SS()l{. ,,kl thc CtllllmllCllt'ClllCrll o1' this I c;isc. thc H)~l)rOx cm~)c~ts shaml hc ;llllt)l'll/cd O['Cl' thc im~ilJlll Ihl'CC (3) ?t';ml' Icrlll. I 1!.'4St.:l'. hcrchv cO%CllalllS and ilL, z'rccs to pay :is }*:lsc I'Cl~l Ik~m thc )c~isctt I'rc~)isc, thc shall ~;cr'casc hv Ik*tlr' (4)[}crcclll l~r ca,ch C;IStlii~g ycilr lhcl'CilJ}Cr ;tmltl ;lllV l'CllUXk ;il Ici'IllS thcrcol'. 1~ addilio~l Io thc IHonlhlv toni. I,I!SSI','Ii shall I)c rcsptmsil)lc tier £'ommtm .,\rca ~I;IilIlCII:II1CC charges ("(',.XM"), xx hich includes electricity, is Io hc puid mtmthly in Iht illllOtllll OJ' Six /ltHlthmcd N/mlcty-Four I)ollars ;md 17 Cents (S604.17). This lmlount shall bo cl'lk'clivc until l)cccmbcr 31. I')')S. at sxhich lime I.IiNS()I{ shrill p~x'idc l,l!SSl!l! with thc new monthly (',,X51 charges bv March 1. 1~)~1.1 ;llld hy M;~rch I lk*r each c~lstting yc;~r thcrcaticr. Thc itlCl'Ci~sc ill ('.,\.",I char,.:'cs shall rct'icct those increases in operating costs and real cstnlc taxes. Sinc'c rea! cslalc tax increases are not able 1o be detcm~incd in ndvance, it is agreed by both panics that thc t'rcmiscs and that lhe opcraling costs in CAM shall nol be incrcitscd above ~x'c {5~ pcrccnl I~r I.ENNEE shnll pn_v all j:mitorinl, post control, v,'alcr, sc\,, er ;mtl Iclcph~nc pc'rlHillil~L,. Io Ih',.' [)~.ul~scd I'rcl~liSC's. ..ill other charges I'CIalcd lc; Iht (.H-,cr;lllOlt t~l' Iht I)cmisctl l'rc'nlist..s :~hal[ t~.' tciiI;tl ['):l)111ZlllS shall bc duc pa.\'al')lc in ad',';mcc thc'tci'mhci'c~F. IFthctcrnlsol'thislcaseshalt ..\bLTI('I.E 4 ..'5. l~ditScalit.,lTs.!0 [~J._~gx!J2r~miscs Prior to Ill:lkill~/ iH1v other cJlzlilgCS, allcr;.itions, atJdJti(}ns or improvcmcnls lo lilt' [)c~liscd sp='c~l¢'iHg in wr'~ti~g thc nature and cXlCllt O~' thc dcsircd allcratio~, illlprOvcmClll. C}lilll~C. Or request t~r changes, in~prox'cmcnls, allcrations or additions. LESSOR shall not tHlrcasonablv withhold ils ct~/isCill Io required or appropriate alterations. Jmprovumcnls. ch:roues or ntldilion~ proposed by I.ESSiiE. l fnflcr sixty{6(}) davsthere hasbccn no rcspo)tsc [rom'[.l!SSOR ()r its dcsi?cc to said proposals or plans, then such silence shall bc deemed as ;m npproval 1o such co~cnnms ;md agrees itl connection ,,vilh ;ltl',' Illainlcnallcc. rcF,:tlr ',',t)rk. Flor/da. County c~FCollicr, and nnv and ;ill govcmmcntal ;lgcncius. ..ill altcr:ttlons, im[*ro'.,'ci'nel~ts, and additions to said Demised P)cmiscs ;)lslallcd hv I.gSsEE shalI rumain thc propcrly of LESSEE and prior Iothctcrminationofthisl~casc rcncxval term thereof, or within lhirly (30) days lhcrcaflcr. LESSEE shall promptly remove actdi~/t~Hs, improvements, alterations, iS\lures a;ld installalions which wcrc plnccd in. (~t~ thc I)cmiscd Premises by LESSEE, and repair any damage occasioned to thc [)cruised Premises L[!SSEE'S expense. ..\RTI('i.E 5. '~,5~s~ig!~.lgnl and Subletting l.l'~SS[~)! cov,.'nanls nnd agrees nt, t to assign this I.casc or to sublt:t thc whole or ;rev oF thc Dcm/sod I'rcmi:;cs. or to permit any other pcrso~s Io oCCtl[~y Sit)I~C withotH thc consent c>f I.E55OR. .Any such assignment or subletling, even with Iht co)~scnl of shall not relier=' I.ESSEt5 From liability For pn)'mcnl of' rent or other sums hcrcin pro\ itlt:t[ From thc ohmigaii<m to keep and be botind by thc terms, conditions and covcnnnts of this pr,~xision~ oF this [.cnsc or Io be a cot}sc;~t to thc assignment oF this l.casc or sub]cltt)~ of' thc [)cnxiscd l>rcn~iscs, t lowcvcr. I.ESSE[{ shall bc pcn~itlcd. Wilho~il ~)o:icc Io [.ESSOI{. tC~ t:rilixc thc I)cz~isccl i'tcr~scs i~>r any other [)cparln,z-nt within thc .jurisdictio~ tH' thc I.l]SSt~l{ ~I' thc Thc l.l!.SSI![! \','ill nt :ill times CmT>' comprehensive central liatlilitv i)lsurancc to include bodily i~jury in an amou)ll not loss than thc sum of On~ Million Dollars and OO'1()O ('Chis I 8A - Ix,id .md N,rnc t~k thc [_I'iSSI:'E msurin uf IM. uhu. occupant'> ur maimcnancc of Ibc Demised Premises. including'loss of income.' Thu in~uran.'u policy or p(,licics shall conlam provisions prohibim~ Ibc mtditicalion or canccllalion of m~ur:mcc x~ti~out :tt ]cas[ flfinv 13(~) days prior wrillcn notice lo I,ESSOR. I.E~SEE shall duJ~cr sad pohcics or ccnificalcs thereof ~o LESSOR prior m I.I~SSEE'S occupancy of Ihu I}cm~sud Prcm~scs. ami thereafter, renewal policies or ccnificalcs ~l~:~II hc delivered ~hu ]udqIi~v ofl.l(SS[{E hereunder. I.ESSEE may provide this i~sur:mcc umlcr a bl;mnkcl policy p~ovi&:d saki insurance shall have a I.ESSOR'S protective liahililv cndorscmcm almchcd thurd~. ..\RI'ICI.l! 7. Maimcnall~ I.F. SSI!F. st',all. ;u ils sole cost ;md expense, keep fl'~c Dcnliscd Premises clean :n all times. Ifs:mi [¢cmiscd Premises arc not kept clean in thc opinion ol' [.ESS()I{. LESSHE'S nlana~cr wilt bu so advised in wrilmg. If corrcclix'c action is not taken Wilhin Ihirtv such notice. LESSOR will cause Ihs same 1o be cleaned and co~cclcd :IIld p3y ;Ill IlCCCSSa~' clc:ming costs and such costs shall COllSliltllc additional rcm which shall bc pzml i~x' I.ESSEE within thirty 13(~1 days of receipt of written notice of costs incurred bx I.}{SS()R. I.~SSE[: shal] obi:fin, al its CXpC~SC. a scrx'icc c(n~Iracl fl~r ~ai~lcn;incc of';mx hc;uin~' ::xpk,>uus. iiccnscs. ~nx'itc'cs or visitors shall be promptly rcpair~'d~w /::U!t:r: u:' I.KSSt'~[! lo comply v, hh am' provision or COVt.'ll;l[ll OI° this l.cas~, xha!l ZOrlSIilUI. C il tJct'ault, atl(i I_iiSS()I~, may. al its opmm. tClll]illiltC this Lease aft::r thinx ~3~) no~icc to l.l:%.'-;}!l{, unless thc dcf'ault bo cured within tile lloticc pcrio}t Ior su['h ;xlditicmal limo as is rcasor~ably required It; correct such ..\ R'I'I('I.I! u. D ~_:_fsm!Lby I.[iSS()R shall in no cvcnl bc char~cd wilh ¢lchmll in t}~c pcrfon'nancc of ;my of its ohiigatior:s hereunder unless and tmliI [-["]S~OR shall have riffled to pcrfimn such oblit:alions within thirty (.'mi days Ior such :dditional lime as is reasonably required I0 correct such t~cfimltl after m~ticc ~t, I.I!SSOR hv I.ESSI{I~ properly spcciffying wherein I.ESS()I< has Ihilcd lu purf'orm ;my such obligations. ..'\nv n,,~c~: v, hich l.l-i<,S()l< c,r [.F. SSE[5 mavbc required m give lo thc olhur par'l.x shall I.ILSSOR: ('oIIicr [mtcrpriscs Rcah', (irt',up. lnc. 3003 'I'amiami Trail N-rlh Naples. l:l,.~rid.a 34 i tLT (.'\gCllt For Collier .Dcvclt',plllclll ('orporalitml Ct.': ()l'iicc c,/'thc ('ounlv ..\ttorltcv I hms/n,:.: & Lirl',an h'upm,.'cmcr~l l)irccp.,, ('onlr~lunity l)cvclopmcnt and Enk'irtmmcntal Scrx'iccs Adminism.or ..\P,'I'I('I.E I 1. ,qlllrgildcr of Prcmis.~ 1.ti.SSI!I:. co,.'cnants and agrees to deliver up and surrender m I.F. SS()R possession of thc l)unm<.d I'rcmi.scs tUxm cxj',iralion of tiffs I.,.:;.~sc. or its earlier tufIllillatiOll ;.1.4 herein prov~d,:d. Ill as .?ood condition and repair as ll'~c samc shall bc a~ Ii]c commcnccmcm ofll~c Icnn oflhi~ I_casc or may have bccn pul by I.ESSOR or LESSEE during thc conlinuancc Ihcrcof, ordinar~' ~car and !,I{~SEE cxpru~sl)' a?Iccs for ilsclf, ils successor and as:gi,4ns. Io ~cl'~ain I'lmn ;mx usc oI' l.l!.'4Nt~E covcmmts and a,..:rccs not Io usc, occup5' sufi~'r or pormit said l)cmisgd ~ rcmmos or any part thereof Io be used or occupied lbr ally ptl~OSC CO~lJralw lo Jaw or lilt rules or rcm lalion~ AR'II('l.t. t3 l.iabiiilv f'(',r los~ ~-Dim'we .q~qOR or ils ;E4cnts. shall nol bc liable for ;!ny loss or d;unagc lo persons or properly resulting from ISrc. explosion, fidling plaslor, slcam, cas. etcclricilx', Walcr or ram which from ;my part of'thc Demised Prcnfiscs. or Ibc OflScc Building. or From Ibc pipes, appliances pJHlllhHIg worJiS lhcrcin, or from flit rool~ slrccl or SIIbSllr[;icc, o[ flOlD ;iD? other rk'suhmg from tiar]lpncss, or lilly Olhcr c'rmusc WJlalSocvcr. UtlJCSS CaLlSk'd hV of duc [o Iht' agents shall nol hu liable For interference with thc'Ii,hi, air or any J;llClll {]cJbcl ill thc r~'m~cs, ami l.t.NN() x shall mx bc liable ibr any dama,,c caused by olhcr lessees of Iht JguJJdmg. or pcrst tls in or about the [)om;sod Premises. or Ibc Officc [tuiJdinm oct pants orsmrcdallh~.nsk of' /S.%EFand l.EgSEEsix~lIhold iESS()R harmless from an~ claims arising uut of tJ;lIllil~c' lO Ibc Silllle, tllliCSS such damage shall bu caused hv thc x~llfu] negligence o~' I ENN()R. I.IiNSEE :~cknmxlcdgcs I}lil( Ibc poi;cc ami Jaxt cnlbrccmcm s':curi'v prmxk, d to txhvr bttsirlcSS or chic?rises situation in Collier ('OtllltV ;lIId lilly special sccuriw lllC;IStllCS dCClllUd [lk'CCSSil~' fibs additional protection ol'l}lc Dcmiscd l'rcmiscs shall bc at thc solo r~'spunsibilitvand cxpcnscofI.ESSEE. I.ESSEE agrccslolook solclvto I-ENSOR'S cst;nc and propcrl} in thc ()fficc [tuildinm or tt~c procceds lhcrcof, t~r thc SilliSl'aCllOII ol' I.[!5;SEE'S remedies for ti~c culiuction of a .iudgmcm or olhcr udiciaJ pr ~c'css requiring Ibc pa?lllCDl mcmcv by I.ESS(IR in lilL' Cvcql (~f any I)ct'auh by [.ESSC)R, and no other properly or assc:~ I.I~NN()R shuJI hc subicct to Jcvx. execution or other enforcement proccdurc for Ibc .,\h:TI[.'I.E 14. C'Jidp,s ,,M'~l~llg frolp_L_~SEE'S [_!sc 't o Ibc cxlcnl pcnniucd by kin'. I.ESSEE shall /ndcnlnifv ami hold I.ESSOR harmless aeains~ and l'r~,m :my and all claims arising fi'om [.ESSEE'S usc O(lhc Premises. or l?om Iht cond~ct of its imsincss, t~r ITom any activity, or work donc, pcnniucd or suffered in or ahOtll lbo Dctlliscd Pr'cruises. or lhu Office Building. alld I.ESS[!E shall ftlrlhcr imlcmnifv anti }luJd I.I:SS()R h;~rmlcss agaillSI ;tnd From :my and all claims arisinu l?om any Dcfinih in t'hc pcrJbrmancc of thc ~rqx'~lck'S If ;my aClioll t,r tm~cccdhlg is brought a~ainst IJiNSOR'hv rcasoll of suc}; cia;in. I.ESSEE. upon noltcu l?oru 1.ENS()R. shall dc~cnd t~c same at I.ESSI~WS expense bx counsel rcasonabh' s;~t~sfaclor-x lo /.ESS()R. I.ESSE[! shall ilgStllllC all risk of damage Itl pr'opcrlv t~r' mlury [o persons m. ti[lOll Or ilbOUI thc Demised Premises I~onl ;my cause OlhC~ than [.ESS~ICS ucgligcncc tar willful misconduct ami I.ESSiEE hcrclw waives }~lJ clain~s m rcspccl fl~crcof ;~Ta~nst - :SS()R I.KSSEE shall givc prompl not;cc to [.ESSOR in case ofcasua]lv or Jccitlcnts in ur abtml ibc l)cmiscd /)rcmiscs. ' In compliar~cc with $cclion 4(14.056. Florida fitalules, all panics arc hcrcbv m;ldc aware of lilt' follcm'ins: R:~dc, n ~s u naturally occurring radioaclivc ~as thief, when il has accumt~l~lcd in :t building in sufficient qu:mt~tics, may prcscnl hcallh risks to pcrsons who arc cxposcd Io il ovcr lime, [,cvcls of radun that cxcccd federal m~d st;tlc mfidelines have bccn found in buildinus in Florida. ..Xdditim~al inR~rmation regarding radon and radon tcstinu may be obtnincd from ~ollicr ('ountv l'uhlic }tc:flth I)cl~arln~cnt' ' ARTICLE 16. Effcclivc Pi~le This [.cast Agrccmcm shall become effective upon execution by both LI';SSOR :md I.F. SSEt£. ..\RT1CLE 17. Ciox3.,rning I~'~w This l.uasc .'\~zrccmcnl S}l;lJl }'~c ?vertical ;mtl COllSlrtlCd II1 m.'c(~rtl;mcc with ~/;~tc' ol' Flnntl;t. IX \VI'I'NI!S5 \Vll :t,.h()l., flit p;~nics heroic, havc hcrcundcr scl £orlh lhuir h;mds ;md sc,Is. ..\S 'l'O TIlE I.ESSEE: B'f: BOARD OF C'OUNT'f COMMISSIONI!R$. COLLI ER COUNT'f. FLOR I D..\ AS T()THE I.t~SSC)P,: ('OI.LIER EN'I'I-U~,PRISES I<t~AI.'I'Y GR() 'I'. N' JEFFREY M. BIRR, Prc'sidcnl Approvcd :ms lc, form and Icg:d sul'ficicncv: t-loth F. Ashton 11'10 \ 14' .3 ,L__._ :~'~"~' lC' ! I '~C'5 ENTR ~-~.j ', '.' FSU'T~] I- ~2'~ 14'5 ~15~, [;~'? / 11' 12'4 12' ;6'I¢ J 25' #140 ~¢'3/ lC'3 12'4 · I ~35 I III '.'"5 I(ESOI,UTI¢)N NO. A RI-~SOI,UTION APPOINTIN(; AND REAPi'()INTIN(; .~IE.MBEI~,S TO TIlE SMAIol, (TRIES ('().M.MI'NI'I'Y I)1-~ vl-:l ,O I'.M ENT BI,OCK (';RANT ('I'I'IZEN.~ AI)VISOR'Y TASK I"OI~CE. \\'t[l!l,tl!..\S. ('ollicr ('ounly Ordin;UlCC No. 9().(,0 cstahlishcd :1 Xmall ('ilics l)cvclopmcnJ IIlock Gram ('itixcns Advisoo' Task Force For Collier County; and WI II~REAS. Ordinance No. ~)0.6(I provides fi~r Iht appoimmcnl of fi~c members Ibr Wt '~RJ[.,~S Ibc Itt'ms ol'tx~o (2) members will expire creating vacancies on Ihis hoard: and W]IERIL. XN. Ibc [~oard of ('Ounly Commissioners prcviousI)proxidcd public X'()W. IItERIW()RI~, BE IT RESOI.VED I~Y TIlE B()ARD ()F ('().Xl,XlISSI()X'ERS OF ('()I.I.IER ('O[~N'I'Y. FI.ORIDA, [. Kar'cn I{. IZnglish, rcpr'cscnlmg Ibc category of,MinorJly, is hereby appoiulct to linc Small ('ilics ('OIIl111t111il5' DCvCIoi~HiClll J~k~ck (iriilll ('ifizcns Advisory Task Force Ibr a Iwo year [cml, said ~crm to expire or1 December 31. 2000. 2. Vivian 1). l.agcr, rcprcscming the calegoO, of Business Leader. is hereby reappointed ibc Small CMos Communily Developmcnl [?,lock Gnmt Citizens Advisory Task Force for a year term, said term lo expire on December 3 I, 2000'. tie i'l' I"[ ;RTl IER RESOI.VI!I) fllat Ibc Board of ('Otmly ('ommissioncrs of'Collier rcl;llm~: io ;t Ihnilulion ~1' Iwo cm~scculixc JCFIllS oJ' of IScc, flit lilt J~tlrposc oj' I'CilpJlOIIlllllCI/I [his Resolution adopted after motion, second and majority vote. [).,VI'El): I)cccmi~cr ,,\ I"i l!5 F; I)\\'i(H I'J' ~!. l~RO('~. Clcrk ',' Approved as I~ Ibrn~ and legal su flicicncy: l)avid ¢'. Wcigcl ('ounh' ,'\tloI'ncy BO,,\RD OF ('OUNf'f ('(),MklISSIONI!RS COI.LII:'R COUN'I"~', FI.ORID,,\ BARB, ARA B. I]ERRV, Chatr~',.fil"-~k - RF. SOI.UTION NO. 98-501 ,\ I~,iqSOI,ti'I'ION I)I':CI,ARIN(; A VACANCY ()N Till': ('()I,I.IER ('OUNTY ('ODE ENFOR('E31ENT BOAIID N()RTII. \VI II!I~,I!AS. ('oilier ('mum; Ordinance No. 92-80, as amcmlcd hy ()rdin;mcc X'o. provhlcs Ih:il thc ('oilier ('otmty Code Enfiwccmcnt Boards shall consist of seven mcmhcrs \VII[{RI!..\S. ('ollicr £'oumv Ordimmcc No. 86-41. as amended, provides that ;my hnard mcml~cr xxl~, is al,scm fi~r more than one-half of thc boarci's nlcclings in a given fiscal 5'car shall hc dcc~llcd Io Ii:I~C Icmlcrcd his resignation from such board; and Wf IERE..XS, thc ('haimmn of lilt Coclc Enlbrccmcnt Board Nomh has advised thc Board of County ('omn~issioncrs their I:nda GrifiSn. ail Ahcmalc mcmbcr, has fidlcd to comply wilh thc rcquircmcnls scl t},'lh in Ordimmcc No. 86-41, as alllcndcd, and has rcqucslcd that Iht Board of ('otmiv ('ommissior]crs declare that Iht scrll held by I,Jnda (ifil'lin bc vilC;llll Oil IhcJr IIoard. N()W. TIIERiWORI~. IH~ I'F RESOI.VI~D BY 'l'Ill~ It()ARD ()F ('O.XlNIISSI()XI.RS ()F ('()I,I.IKR ('()UNTV. FI,ORIDA, Ihat a/icr ct)llSidcrilNOll o1' I}lC vacant ~m thc ('oilier ('ountv [ 'ode [h~fi~rccmcnl Board North. This Rcsohttinn mh~plcd alicr IllOtJOll, SCCOIld alld m:t/ority vole. I)..\ Fl!l): I)cccnlbcr 15. 199S A'I"I'I:S I': D\VI(;I IT E. IiRO(_'K. ('lcrk S !g, nO r. ur. op.l ~pprov'cdds ~'o tbnn and legal su FI]c/choy: BOARD OF COUN'FY ('OMMISSIONIiRS C'OLLIER COUNTY. FI.OP, IDA IIAP, BA,.I*,A B. t:tI!RRY, ('haimum'-,X /. I)avid ('. Wci,..,cl ~--' - ('otiill V ,,\ l lo I'llCV [)('\V,kn John C. Noms D~slnct I James 0 Carter. Ph.D. Oistnct 2 Timo~y J. Constantine District 3 Pamela S Mac'Km D~stncI 4 Barbara B Berry DIslnct 5 330~ Easl Tan'nam~ Trad · Na!~le$, Flonda 34112.4977 (941 } 774-8097 · Fax (941 ) 774.3602 I)c'dr ~cIl~I[or ~;IHIldcrs: Thc purt')osc of this letter is [o I'ormallv advise you or'thc action taken Iw thc lloard of County L'ommisshmcrx aL thc InCCli~lg ol' l)cccmhcr l 5. 1998. It was thc COllSCllgklS Of thc Board infi)rm you that we mLw wish to discuss thc lblloxxin~ two issues at thc Janu:trv 13. lOqt) l.cgislativc l)clcgation ,Xlccling and Public l loafings: I. 'I'hcrc may t;c a glitch in thc ir~corpor:.ttion stattttc that docs not dclh'fitclv establish rcquircmcrus lbr ;i ncxv city to provMc for law cr~l'orccrncnt. 'four considcr:ltim~ of this request is greatly appreciated. Wc look Ik~rxvard to xx,wking xxith you in thc future ami. in thc i11C:ll/tilllC if x'm~ have any questions, or il' you IL'el that xvt c;m hc helpful \'crv truly yours. lktrbara B. Itcrry. ('hairman ' Commissioner. District S cc: l~t):.trd of Coullty Commissioners Bob Fernandez. County Administrator l)avid Wcigcl, County Attorney Naples Daily News Naples, FL 34102 Affidavit of Publication Naples Daily Nevs BOARD OF COUNTY COHM]SSIONERS ATTN: MIATTA SIRLEAF PO BOX 413016 NAPLES FL 34101-3016 REFEREN{E: 001230 #912501 57787115 91-102/PUD-98-16 NOT State of Florida (c, Jnty of Collier Before the undersigned authority, personally appeared John Taylor, who on oath says that he serves as Assistant Controller 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 m~tter 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 coporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 11/29 AO SPACE: 141.000 iNCH FILED ON: 11/30/98 Signature of Affiant S~rn to a~ Subscrib~ befo;e me this i~"Oa7 of /~"L~ 19~ .~-u~ A.M. The tttle COu~ITy LA~ID 06- , ~'~A OK COLLIEP 060~; BY ~E ZON,NG CLASS,. ~Ar~OE 2 S~ COt COUNTy, tMAN HT E. BROCK, ~'llle COLLIER COUNTY FLORIDA REQUEST FOR I.EGAI. ADVERTISING OF PUBI.IC IIEARINGS ']'n: ('lcrk tn thc []{i;ir(J: l:'lca.,..e i)l:,ce the follm~in~ ;ts a: NNN Nor111;ll Icg;fl Advcrti.qClllcnt {Display .,\dv. h.x:atio,~, tlc. ) [] Other: ~)r~,'t;~:nm,., [),.T,t/DP.': ('o ~ II )C'..':';Crv/PI;rotan, Petition No (If none. gixc brief dcscrq'~lion): PctHmncr: (Name~K: Addrcss)i [.:S t tom¢Cor12g, r;}imn.~_ln4gl .q.~x Mll¢C)prcss, Fort Myers. [:L 33';12 Name & Address el'any pcrsoms) to bc notHicd bx Clcrk's Ofi~cc: tlr more si)acc ~s nccdcd, alt;ich scp;iratc shcct) R Brucc ttc;mn~ ~x'forc NNN BC'(' BZA OIhcr Ncx~si,;lpcrls Io [~ Ilsc(J (('omplclc (mix il'llllpOrl;llll) NXN Naplcs Daily News Other ~ l.cgally Required Prol~scd Tcxt: (Include Icgal dcscnplion ~ common loc:Ilion & Size; PClilion No. PUD-9S-10~ R gnicc Anderson c,C Young,~mj Asmndcr~_.& %";~rnad(~e~., representing U S tieing Corer; on, r~ucsli0.q ;~ rezone from "RMF- ~)1'.' "RMF4C, "R~F~'~ and "A" IO "PUl)" Planncd Unit Dcvclopmcnl lo bc knou n as Ccdar }t;mun<k Golf;md Counln' Club PUD for 7')~_sj~2glc f:Umlv and nmhi-fimUlv (t,,,.clli~g milts and ;;n l,'q-holcgo~fcourse Iocatcd south of Davis t3oulcvard__L.~ J.{._.8__4) and ,,',cst of S R 95 l.,_Lun .Roe (',~ '~ Townsh~ qtl Soulh R;E~gc 2.9 East, consistin_q of 4 18 phis or minus acres - Comp:re:on pctition(s), ifanv & pro!:x::,scd hearing datc: Docs Pctllion Fcc inchdc advcrlising cost'~ ~'cs [] No If Ycs. what account should bc chargcd fi',r advertising costs Approved by: [.)r..'~s~on }Icad Dalc (7OUnl',. M;magcr Dale I.d ,'\ II;IdJl htClll:q I)ISTRIII I!'I'I()N INSTRIJCTI()NS I:nr hciirin~s bchirc ll('Cor 117...\: hlili;llin~li,.,rsm'! Ii~CmnlflClconecn.,. nmlnblain l)ixi.qnn I lead ;ipl>roxal before ~ul)mitlin~ Ir) (;I)unly ,M;]na,Acr. Nolo: Ir Ic~al (Jl)ctllll('lll iN in~()lvc(I, hc MJI'L' Ih;il ;1[I) IIL'CL'SNllr) IC~;II l'evic~, or rcqucM f()r s:lmc, ix sul)milfc(I to ('otJnt)..Xltllrncv I)cforc stJhmillinR lo Counlv 31:ln;IRm'. The hl;lll;l~Cr's office ~ ill distribute copies: ' · [] (;ount.,, .M;n];l~cr a~cnd;, file: In [] Rcqucstir~ i)ivision [] Oi"iL[in;ll Clerk's; Of'lice Olhcr hc;,rings: lnilialmt: Division hcad to approvc and sul)mil original lO Clerk's O~cc. rclmmng ;I copy For file I:O1.~ ('I.EilK'S OFFICI.; USE [);llc Rcccwcd /.' / ~: ' ; ' Date (11' Public hc;irmg: "' /' ' D;IIC ,,\dtcrllscd PAM PRRRF'r.! NAPLES DAILY NE~S 2~-4703 ELLIE HOFFMAN PHONE NO: {941} 77~-8G06 November 16, 1998 Hs. Pam Pert'ell Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to Consider Petition PUD-98-16, Cedar Hammock Golf & County Club PUD Dear Pam: Please advertise the above referenced notice one time on Sunday, November 29, 1998, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ellie Hoffman, Deputy Clerk Purchase Orde~ No. 912501 November 16, i998 Mr. R. Bruce Anderson Young, van Assenderp & Varnadoe, P.A. 801 Laurel Oak Drive, Suite 300 Naples, Fi, 34108 Re: Notice of Public }{earing to Consider Petition PUD--98-16. Cedar Ha~r~ock Golf & County Club PUD Dear Petitioner: Please be ac]vised that the above referenced petition wi. il b,:: considered by the Board of County Commissioners on Tuesday, December ~5, 1998, as indicaced on the enclosed notice. The ]egai ,uoLice pertaining ~_o this petition will be published in the }1aples Daily News on Sunday, November 29, 1998. Yo~: a:'e i:lv[ked t',o a~tend this public hear'inc.!. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure November 16 1992 U. S. Home ~',~uporation 10,191 Six M[ie Cypress Fort Hyer;;, .~.'T~ 33919 Re: Notice of Public }{earing to Consider Petition PUD-92-16, Cedar Hammock Golf & County Club PUD Dear Petitioner: Please be advised that the above referenced petition will considered t,',' the Board of County Commi.qsioners on December 15 !998, as indicated on the enclosed ,,~,_ice De:~,, :t[~g to this petition will be publ ,she~ '~ "'"' ' S Daily h~...; ;: unday, November 29, 1998. ':'e': are in'.*'',~d t:o n,~tend this public hearing. Ellie }{off:naP., Deputy Clerk Eric; losuYe .,' ~ ICl:, OF INTENT TO CONSTDER ORDINANCF, Notice is ho:,}by giver: that on 'ITJI;:SDAY, I)I':CI':MI~EI{ 15, 1998, Boardroom, 3rd Floor, Administration Building, Collier Government Center, 130[ East Tam.iam[ Trail, Naples, F]orida, of Counr. y Commissioners will consider the enactment- of a Ordinance The meeting will co~ence at 9:00 A.M. Ih,_ proposed Ordinance is as follows: AN ORDiNA:;CE AXENDI?:G ORDINANCE NU?.IBKR 9i-I02. T}fR ('('>[,r, IEF. -~,,..~.~iFICA'['ION OF TIlE ~fER[']IN [)ES('I~INKD JENA[, FRO>[ "FXF-12 (20)", "NMF-6", "RSF-,I", AND "A" 'N} "iXif}" ~'i,AN[IR;} GQhF COl/ESE i,OCATED SOUT}} OF DAVIS BOULEVARD {S.R. ~t.~) ..'t[JD WX:'i' ~'~.' S.R. 951 [;; SECTION 3, TO?!NSIfIp 50 SO{IT}}, I~AN(;R 26 EAST, .... :..~ I..,~, D/,.TH. Petition No. P[N}-98-16, R. Bruce Ander.~:orl & Varnadoe, P.?,. , :'oprosenting U.S. }rome rezone fo:' t-.he [:~rap}rtly dor:cribed above. Copies of the proposed Ordinance are on file witt: tho Clef'- [, ti:,, Board and are available for inspecZion. All interested invited to after:ct and be heard. NOTE: Ali persons wishing to speak on any agenda ittem with the County administrator prior to presentatiorl of to be addressed. Individt~al speakers '.vi. il be limited any i2em. The s,'ier'tien of an individt~al to :':peak et: i,,h.~',~ ,,f spokesperson for a g:'o~lp ,~:- oFganixatir-~n may }),, al ]o: t,,,; ~,' ..: - , speak on a:l i tom. ' ' '' '"":": Per:; )n: ?;i::hing ts() have written or graphic prior h,~ : ~,t, :,.~:;poc'kive public }l,2aring Itl any A::v p,~r':;on '..,'ire ctec:icte.~ to appeal a ctec'i::i,:n ~.,f' tiro N~;,~:d ,.,, :,.,,,.~f ko ens,::-,? l.haL ,t verhakim record of the proceedi, ngs is made, recorci i::cit:des: {he tesZimony anct evidence upon which the appc, a: based . ' : ' BOARD OF COUNTY CO~.[MtSSIONERS COELIER COUNTY, Fi,ORiDA BARBARA B. BERR'f, C}iAIi(r.L'~N DWIGHT E. BROCK, ULERK By: /s/Ellie Hoffman, Deputy Clerk (SEAL) ORu.,,z,~C.,,. ::O. "9- ,~..'::,hu.,,~ ~.~,,Dt:~AHCE ::UMBER }!-::2 .... ....... ',-. -AND 2EVE~n~,~ ,' ......... 2CDE ':603; 2':' 'i~[ANGi:;G -':= -~'~ ,'- ' ~:=~=z~ ~E~r~-- /ROPERiY NEON ............ =u REAL .... ~ ..... ,,, "RMF-6 "~SF-,;" AN . ' ..... D "S" TO "PUD" .~A~.,~ .... 'iNIT ~-'.-.,~ ..~O,,~, AS '--~' ~ :;-, ......... :OUNTRY CLUB ~UD F?R 7}9 SINGLE FAMILY AND :.:ULTi- FAMILY DWELLi:;G t";iTS AND AN !:-,:,~h~ ~:~[,F '~U LOCATED S~r'-~ ~ ............. 'TOWN ::2'' ~ ~' '.~ ' :S.:;SiST::;G S.F ,;'~- ACRES; .qH~ ~v FRO,¥,~ ....... S FFKS'7 i','E SATE, - ' '" ..... '"'~ ..~,rr. ac$.%, ~ .A , represe~E~. " S Home C ru~ aEl z~;- '_ne [~':arc ~' Counuy ~:o~issicners ~o chance ~he --cni~ :Las~tfiL'.~::lon cf the nareLn d~scribec real property; [:OW, ?HEREFORE ~= IT ORDAINED by the Board of Counny -o~zssLoners of Collier County, Florida: SECTION CZ;E: The ":ning classification of the herein described real property located in Section 2, Township 50 Sou~h, Range 26 East, S°l!:er County Florida, ~s changed from 'RMF-t2(10) , "RMF-6", "RSF-,i", ,,'d~D "A" to "PUD" Planned Uni~ Deve!opmen~ in accordance '..,'zth r.~e Cedar Ha~,ock Golf and ,-~un~ Club PUD Zocumen~, qttached hereuo as Exhibit "A" and incorporated by reference Zerein. '?he 'Official Zoning ~.clas }[ap Number 0603, as described tn Ordinance Number 9!-i02, :he Collier CounLy Land Z'eve!opmenL zee, 's heresy amended accordingly. JECTi S<1%';0: This Ordinance shall beccme effective upon filing with the Department cf State. PASSED AUD DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, :his day of 998. ATT£S7: i'WiGH? -.-. '2ROCK, Clerk BOARD CF COUNTY CCMMISS!ONERS COLLIER COUNTY, FLORIDA BY: BARBARA B. BERRY, Chairman Apprcved as 5o Form and Legal Sufficiency '~9~'~ar]orle ~.I. Student ~{ssis~an~ Counny Attorney ?UD-98-I60RDI:;ANCE/ EXHIBIT A CEI)AR ItAMMOCK GOLF AND COUNTRY CLUB A PLANNED UNIT DEVELOPMENT RE(iUI.AT1ONS ANI) SUPPORTING MASTER PLAN (;()VERNIN(; TIlE CEDAR IIAMMOCK GOLF ANI) COUNTRY CLUB, A I'I.ANNEI) UNIT I)EVELOPMENT PURSUANT TO PROVISIONS OF TIlE COLLIER COUNTY LAND DEVELOPMENT CODE Prepared For: U.S. IlO.ME CORPORATION Land Development Division 10491 Six Mile Cypress Parkway Fort Myers, Florida 33912 Prepared By a Team of Professionals: OCT 2 S R. Bruce Anderson, Esquire YOUNG, VAN ASSENDERP & VARNADOE, P.A. 801 Laurel Oak Drive, Suite 300 Naples, Florida 34108 I)ave Underhill, P.E. BANKS ENGINEERING, INC. 2150 Goodlette Road, Suite 701 Naples, Florida 34102 l Carron l)ay, AICP FLORIDA LANI) PLANNING, INC. 635(} 28'n Avenue S.W. Naples, Florida 34116 DA'ri:: REVIEXVEI) IIY CCPC DATE APi~ROVEi) BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAl, I OQ 7;98 Statement of Compliance Section 1 Section II Section III Section IV Section V Section VI TABLE OF CONTENTS Legal Description, Property Ownership and General Description Project Development Residential Development Standards Commons\Recreation Area Development Standards Preserve Area Development Commitments L, EXItlBIT A EXIIIBIT B EXltlBIT C TABLE I LIST OF EXHIBITS AND TABLES PUl) MASTER DEVELOPMENT PLAN RO,,\D\\:AY CROSS-SECTIONS ALTF_RNATIVE ROAD\VAY CROSS-SECTION DEVELOPMENT STANDARDS 10/2 7;,;a -i- STATEMENT OF COMPLIANCE Dcveloprncnt of the Cedar 1 fammock Golf and Cotmtr?' Club will be compli,'mce with the goals and objectives set forth in the Collier County Comprehensive Plm'~. A. The subject property for development is within the Urban Mixed Use Districu'Urban Residential Subdistrict ns identified on the Future Land Use Map as provided for in Objective I of the Future Land Use Element (FI,UE), and the uses contemplated arc consistent tlaercwith. B. Thc proposed density of the Cedar llammock Golfand Cottntp,' Club is approximately 1.9 units per acre for a total off 799 units. This total is significantly less than the maximum of ap?roximatcly 3350 units permitted by the FLUE I)cnsity Rating System. ACRI'b\G E 418.8 acres BASE I)ENSITY 4 dt~/gross acre AI)JUSTMENTS Proximity to Activity Center (more than 50% of the 3 dt~/gross acre project is within the density band) Direct access to 2 or more arterials (Davis and 951 ) I du/gross acre TOTAI~ UNITS 3,350 units Thc proposed project's 799 unit total is also significantly less thar~ thc maximum of approximately 1120 units permitted by the existing zoning. EXISTING ZONING DENSITY ACREAGE UNITS :\ 1 du/Sac 277.93 55.59 RSF-4 4 dWac 50.42 201.68 RSF-6 6 du/ac 10.44 62.64 RMF-12(I 0) 10 du/ac 80.01 800.10 TOTAL UNITS 418.80 1,120 units D. 17' Thc development will be compatible v.'ith and complementary to existing zmd planned surrounding land uses. Thc development of the Cedar tlammock Golfand Countp,.' Club ,,rill result in an efficient and economical extension of community facilities and services as required and Policy 3.1I. of the Future Land Use Element. Cedar I lammock Golf and Country Club implements Policy 5.6 of the Future Land Usc Element in that approximately 70 % of the project xvill be open space or reserved for conscrvation purposes. The Master Development Plan, with its exter~siv¢ natural, lake and golfcoursc open space areas, and with its low residential density. ,,rill insure that the developed project will be an enjoyable residential neighborhood. -iii- 1.1 1.2 1.3 1.4 I 0 2 7,"9~¢ SECTION I I)I{OPERTY OWNERSItlP AND DESCRIPTION I'URPOSE Thc purpose of this Section is to set forth the location and ownership of thc property, and tc, dcscrit',c thc existing conditions of tilt: property proposed to I')¢ de'.'clopcd under thc I:rojcct i::tluc et' thc Cedar l tammc)ck (3o1I' and Country Club. P i'),() P I'~ t~,T V ()WNERStI1p 'I'll,: st, b. jcct property is owned by Clyde C. Quinby. as Trustee and Thomas S. l)t:ffy. Trustee. Ch)sings wil! occur and properly division acquisition will be concluded at s~.lch tjx)lc as project development plans have been approved by the Cotmtv and other jurisdictional agencies. The project developer is U.S. Home Corporation. fiENERAL DESCP, IF'TION OF PROPERTY AREA :\. Tile -.- 418 acre project site is compromised of a portion of Section 3. Township 50 S. Range 26E. The irregularly shaped developrner~t parcel abuts Davis Boulevard on the north and SR 951 on the cast. The primnry development objective is ara 18-hole charr~pior~ship golf course and country club. together with a maximum of 799 single and muhiple family dwelling units. Maximum gross project density is 1.9 units per acre. B. Thc zoning classifications ortho subject property prior to tile date et'this approved PUD documer, t were approximately 80 acres zoned RMF-12(10). 10 acres z(mcd RMF-6.50 acres zoned RSF-4 and 278 acres zoned A-Agricultural. PlqYSICAL I)ESCRIPTION Elevations of the property range from 9.5 feet to I 1 feet above mcan sea le,.'el. Tile site contains extensive areas of jurisdictional wetlands including both submerged wetlands in I'agc I 1.5 which cypress and associated vegetation dominate, and transitional ',vetlands in xvhich thc predominant ','cgetation is a mix of pine ,and cypress and ,associated upland and wetland plants. The property is mainly covered with natural vegetation (except for unpaved vehicular trails which meander throughout thc area and except for exotic vegetation which has invaded portions of the area in a fairly extensive manner). Natural drainage is southwesterly. Water management plans for thc project are to utilize l~es which will result in thc post dcvelopn'~ent surir'ace water discharge volume being less than the pre- development discharge volume. PRO.JECT I)ESCR i F'TION Ccdm' Hammock Golf and Countn' Club is designed as a loxv density residential gated golf course community for the active adult market. Its extensive natural, la. kc and golf co.~rsc open space areas create an enjoyable residential ambiance. Residential enclaves wiil include single family detached homes, single family attached homes, zero lot linc. clu.iter development or multi-family. Each residential unit will be sen'cd with centrally provided potable water, sanitar5. s':wcr, electric power, and telephone. Additional sen'ices ,.,,'ill be provided as deemed appropriate. Diverse recreational amenity opportunities within Cedar Hammock Golf and Countn' Club include a beautiful Gordon Lewis designed I g-hole championship golf course. Thc clubhouse complex will contain two dining rooms, meeting rooms, fitness center, pool. cabana, spa. pro shop. aqua range and tennis courts. Three additional pools ,.,.'ill be interspersed throughout the neighborhoods. An entrnnce to the development will be provided on Davis Boulevard. The PUD Master Plan also includes an entrance to thc development on SR 951 as well as access to the maintenance area. I ti 27,98 Page 2 1.6 1.7 SHORT TITLE This Ordinance shall be known and cited as the '~ Cedar Hammock Golf and Counlo' Club Ph nncd Unit Devclopmcnt Ordinance". I,EGAI, DESCRIPTION 10.2798 Professional EnQineers, Planners & Land Surv~ko,-i DESCRIPTION OF A PARCEL OF LAND LYING IN SECTION 3, TOW'NS~ 50 SOUTH, RANGE 26 EAST COLLIER COUN'I'Y, FLORIDA A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLLIER. LYING IN SECTION 3, TO\VNSHIP 50 SOUTH, RANGE 26 EAST, AND BEING FURTHER BOUND AND DESCRIBED AS FOLLOWS: THE SOUTHWEST QUARTER OF SECTION 3, TOWNSt-IIP 50 SOUTIt, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS THE WEST HALF OF THE NORTHWEST QUARTER OF THE sOUTHWEST QUARTER OF SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. THE sOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LYING WEST OF ISLE OF CAPRI ROAD (STATE ROAD NO. 951 ), LESS AND EXCEPT A 25 FOOT WIDE DEDICATED RIGHT OF WAY AS RECORDED IF OFFICIAL RECORD BOOK 2015, PAGE 1500 THROUGH 1502 OF THE PUBLIC RECORDS OF COLLIER cOUNTY, FLORIDA. THE SOUTH~rEST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. THE NORTHWEST QUARTER OF SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, F2,0RIDA, LYING SOUTHEASTERLY OF DAVIS BOULEVARD (STATE ROAD NO. 84). SAID pARCEL CONTAINING 417.32 ACRES MORE OR LESS, SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD. 2.1 2.2 I 0 2 ? 9g SECTION II PROJECT DEVELOPMENT REQUIREMENTS PURP()SE Thc purpose of this Section is to delineate and gcnerally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of tile tracts included itl the Cedar t lammock Golf and Country Club devcloprr~ent. ,% well as other project relationships. (; ENER,.\I. ,'\. Regulations tbr development ortho Cedar tlammock Goll'and Country Club shall be in accordance with the contents of this document, PUD-Planned Unit Development District and other applicable sections and pans of the Collier Count.,,, Land Development Code and Growth Management Plan in effect at the time of development order application as provided in the Land Development Code anti Growfl-~ .Management Plan. Where these regulations fail to provide developmental standards, then the provisions of thc most similar district in thc County Land Development Code shall apply. I3. Unless otherwise noted, tile definitions of all terms shall be tile same as the definitions set forth in tile Collier Count.,,' Land Development Code in effect at the time of development order application, as providcd in thc Code. C. All conditions imposed and all graphic material presented depicting restrictions for thc development of the Cedar llammock Golf and Country Club shall become part of the regulations which govern thc manner in which tile PUD site may bc developed. D. Unless modified, waived, exempted or excepted by this PUD, the provisions of the Collier County Land Development Code, where applicable, remain in full Page .1 2.3 2.4 10'27,98 Force and effect with respect to thc development o~h¢ land which comprises this I-~. I)cvcloprnent permitted by lhe approval ofthis petition ,,rill be subject to a concurrency review under the provisions of Division 3.15, Adequate Public Facilities. from the County Land Development Code, at the earliest or next to occur of either final SDF' approval, final plat approval, or buikting permit issuance applicable to this dcvclopmc['~t. I)E.NCR_Ilq'lf)N OF_PRO,IECT PI.:\,V ANI) PRf)POSEI) [,AND I lSE,~; A. ]'he project development plan is graphically indicated by the PUl) Nlastcr l)cvcl~)pmcnt F'lan, attached as Exhibit "A". The plan indicates tracts which arc eligible l'or either single fixmilv or nlulti-family dwelling units, streets, an 1 g tmlc golfctmrs¢, a practice driving range, a golf course maintenance site xvith separate access from SR 951, a country club complex, a system of lakes and preserved natural :vctland and upland areas, an entry gate facility on Davis Boulevard and on SR 951. B. In addition to the plan clements shown on the PUD Master Development Plan. such easements and rights of way shall be established within the project site as mavbc necessaD. or desirable lbr the service, function, or convenience ol'thc project. C. Thc PI/I) Master Development Plan is also thc Subdivision Master Plan. I)F, SCI,III'Tif)N ()F PRf),IECT I)ENSITY OR INTENSITY OF I..\Ni) IISI.] Nc) nlore than 799 combined single and muhipl¢ family dwelling units shall be constructed in thc + 418 acre total project area. Ifall 799 dwelling units are constructed, gross project density will be 1.9 units per acre. Single and multiple thmily dwelling units si'mil not be constructed within tile same platted tract. Page 5 2.5 I/EI,ATEI) I'RO,IECT PLAN AF'PROVAL RE( UIREMENTS A. Prior to the recording ofa Rdcord F'lat, and/or Condmninium Plat lbr all or pan the PUD. final plans of'all required improvements shall receive approval o[ the appropriate Collier County governmental agency to insure compliance with the PUD Master De;'elopment Plan. the Collier County Subdivision Code. and thc platting laws of the State of Florida. tixhibit "tX", PUD Master Development Plan. constitutes the required PUD Development Plan. Subsequent to or cotlctlrrent with PUD approval, a Preliminary Subdivision Plat if applicable shall bt: submitted. Any division of pn~pcrty and thc development of the land shall be in compliance with Division 3.2 el'the Collier County Land Development Code, and the platting laws of the State of Florida. Co l). Thc provisions of Division 3.3 of the Collier Count>, Land Devclopruclu Code. xvhcn applicable, shall apply to the development of platted tracts, or parcels or' land as provided in said Division prior lo the issuance of a building permit or other development order. Thc development of any tract or parcel approved lbr residential development contempkuing fee simple ownership of land lbr each dwelling shall be required submit and receive approval ora Preliminary Subdivision [>lat in confi)rmancc with thc requirements of I)ivision 3,2 of the Collier County l.and Development Code prior to the submittal et'construction plans and final plat tbr any portion of thc tract or parcel. ,'\ppropriate instruments will be provided at the time of infrastructural improvements regarding :in',' dedications and method tbr providing perpetual maintenance ofconmmn facilities. 10,,27,98 2.6 F. The golfcourse and related support facilities, including construction trailers and golf course maintenance facilities, may be developed prior to the approval of Subdivision Construction Plans and Plat, subject to approval of an Earl),' Work Agreement by Collier County Development Services Staff. Use of the Cedar Hammock Golf and Country Club may not occur until the required plat is recorded, all'support infrastructure is completed ,'md preliminary acceptance for thc improvements is granted by the Board of County Commissioners for that phase of the development. MOl)El. tlOMES AND SALES FACILITIES Model homes, sales centers and other uses and structures related to thc promotion and sale of real estate such as but not limited to pavilions, viewing plattbrms, gazebos, parking areas, tents, and signs, shall be permitted principal uses throughout the Cedar I iammock (Solt'and Count~, Club subject to the requirements of Article 2. Division 2.6. Section 2.6.33.4, Article 2, Division 2.5, Section 2.5.5.1.3, Article 3, Division 3.2, Section 3.2.6.3.6. and other applicable sections of the code, and of the Collier Count.',, Land Development Code. The limitation of Section 2.6.33.4.1.5(a), regarding the number of model homes allowed prior to plat recordation shall be applicable to each development tract rather than each development phase. 10,'2 7/9g *,lodel homes/model home centers including sales centers shall be permitted in conjunction with tile promotion of the development subject to the lbllm,.'ing: .'\. blodels may be constructed after approval of a preliminary subdivision plat but prior to recording a final plat. B. Models may be permitted as "dr)., models" and must obtain conditional certificates of occupancy for model purposes only. Models may not be occupied until a permanent certificate of occupancy is issued. P:~gc 7 2.7 2.8 2.9 10/27,9R C. Models ma,,' not be utilized as "sales offices" without approx'al by and through thc Site Development Plan process, The SDP process shall not be required for dr,,' models pursuant to this section. I). ltl addition to usc of model homes as sales offices or centers, a sales office or center may be maintained on-site for the sales, marketing and administration of gol 1' course memberships. AMENDMENTS TO PUD DOCUMENTS OR PUD MASTER DEVELOPMEN I' PI,AN Amendments mav be made to the PUD as provided in the Collier Count,,,, Land Dex'clopmcnt Code. Section 2.7.3.5. ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA M.,\ I NTF., NA NCE \\'honorer the developer elects to create land area anddor recreation amenities whose o'.vncrship and maintenance responsibility is a common interest to all of the subsequent purchasers of property within said development in which the common interest is located, thc developer entity shall provide appropriate legal instruments for the establishn'~ent of a Propcrqy Ou. ners' Association and/or Community Development District whose function shall include provisions for the perpetual care and maintenance of all common facilities m~d open space subject further to tile provisions of thc Collier County Land Development Code. Section 2.2.20.3.8. STP, E ETS Platted project streets shall be private or owned by a Community Development District and shall be classified as local streets. Utilization of lands within all project rights-of.-way tbr landscaping, decorative cntranccv.'ays, and signage may be allowed subject to review and administrative approval bv the Collier County Community Development and Environmental Page 2.10 Services Administrator, or his designee, for engineering and safety considerations prior to installation. C. Offstrect parking required for multi-family uses shall be accessed by parking aisles or drive`.`.'ays. These parking aisles shall be separate from roads providing access to platted residential lots. Where parking aisles and roads abut. a green space area of not less than ten (10') feet in width ,.,.'ill be provided between the accesses, as measured from the pavement edge. .[,: A K E $ Lake Setbacks 1. Ail lake setbacks shall be measured from the lake top of bank. 2. The required setback to an.,,' property line or tract line internal to the Cedar t tammock Development shall be zero (0) feet 3. The minimum setback to an.,,' internal right-of-way, or roadway access easement shall be twenty (20) feet. 4. The minimum setback to an.,.' external right-of-way, roadway access easement or property line ma.,,' be twenty (20) feet if the right-oi:way, roadway access easement or property line is fenced.. Lakes may be excavated to a maximum depth of 20 feet. I.ake Slopes Slope reduction shall be allowed for a maximum of 40°/'o of the lake perimeter where vertical bulldmads, rock walls, rip rap or other slope protection measures are provided. Compensating littoral zone shall be provided where slope reduction is used on the lake perimeter. Hov,'ever, no compensating littoral zones shall be required `.','here slope reduction measures are used on islands within the lakes. I 0'27'98 Page 9 2.11 2.12 FILl. STORAGE This section is provided to allow the completion of the water management system including the filling of the residential areas prior to building permit issuance, as allowed in Section 3.2.8.3.6 of thc LDC. The excavation of the lakes is a requirement of the first construction phase in order to establish the surface water management system. The fill generated from on-site lake excavation is approximately adequate to achieve the proposed finish design grade. It is anticipated that rock will be generated by on-site lake and utility construction. In order to avoid off-site traffic impacts caused by the removal ofrock from the site· thc rock will be buried for no net loss ofmaterial. The residential areas may be cleared and filled when thc lake construction occurs. The filling of the residential areas is necessary to complete the surface water management system, and is a requirement ofthe SFWMD permit. ACCESS Thc project's principal access drive will be on Davis Boulevard with a secondary access on SR 951. Construction access will be on SR 951. A separate access for the golf course maintenance area is also on SR 951. 10:2 7,9g Page I0 SECTION III RESIDENTIAL DEVELOPMENT 3.1 3.2 3.3 10/27,'98 PURPOSE Thc purpose o£this Section is to identify specific development standards for areas designated as Tract "R" - Residential on the PUD Master Development Plan, Exhibit "A". MAXIMUM DWELLING UNITS A maximum of 799 dwelling units may be constructed in this +418 acre prQcct. USES PERMITTED No building or structure, or pan thereof, shall be erected, altered or used. or land used. in whole or in part, for other than the following: Principal Uses: I. Single-Family detached buildings. 2. Single-Family attached dv,'ellings, zero lot line and/or muhi-family dwellings. Accessory Uses: 1. ,,\ccessou, uses and structures customarily associated with single and multi- family residential projects. 2. Utility. water management and rights-of-way/access easements. 3. Water management facilitics/l~es. 4. Project sales and administrative offices, which may occur in a residential or recreational building and/or in a temporary building until such time as permanent structures are available, provided the appropriate temporary use permit is obtained prior to occupancy. Page II 3.4 3.5. 10/27/98 12 1 . 5. Model dwellings in the single family/multi-family tracts, during the period ot'project development and sales. 6. Signs as permitted by the Collier County Land Development Code in ct'IL'ct at thc time permits are requested, except as modified herein. DEVELOP5IENT STANDARDS A. General: Except as pro`,'ided lbr herein, all criteria set forth shall be understood to be in relation to individual parcel or lot boundary lines, or between structures. Front yard setbacks shall be measured from back of curb or edge of pavement, whichever is closer to tile structure. Condominium/q'~omeowners' association boundaries shall not bc utilized for determining development standards. ]'able I sets forth the additional specific de`,'elopmcnt standards applicable to the Permitted Uses. Off-street Parking and Loading Requirements: ,As required by Di`,'ision 2.3 of the Collier Count,,' Land Development Code in effect at the time of building permit application. CI.USTER I)EVELOPS'IENT In the event a housing project (including infrastructure), is designed with a common architectural theme, the Collier County Development Services Director may permit variations t¥om the previously listed residential development regulations. Prior to approval and subject to the provisions of Division 3.3 of the Collier Count.,,' Land Developmer~t Code. the Collier County Development Scr`,'ices Director shall insure that the plans arc appropriate for and compatible with the surrounding area. and the basic intent ofthe PUD standards arc complied with. Page 12 TABLE I DEVELOPMENT STANDARDS Development Single Standards Family Detached PRINCIPAL STRUCTURES Single Family Zero Lot Attached Line* Multi-Family Commons/ Recreation Uses Ylinimum Lot Area 7,000 S.F. 3,600 S.F. 3,600 S.F. 10.000 S.F. Lot Width Min. 70 Feet Min. 30 Feett Min. 50 Feet Min. 120 Min. 25 Feet2 Feet Min. Floor .,\rea t,500 S.F. 1,000 S.F. 1,000 S.F. 1,000 S.F. Front Yard 12 Feet 12 Feet 12 Feet 20 Feet Side Yard 5 Feets 5 Feets 0 Feets '~& I0 t:cct-~ I 0 Feets Rear Yard 10 Feets 10 Feets 10 Feets 20 Min. Distance Between Structures I0 Feet Max. Bldg. Height I0 Feet IO Feet 15 Feets 2 stories not 2 stories not 2 stories not 4 stories not to exceed 35 to exceed 35 to exceed 35 to exceed 65 feet 7 feet ? feet ? feet 7 ACCESSORY STRUCTURES NI,,\ N/,,\ N/A 50 t:cct 20 Fcc\* 25 Fcc\ 10 l:cct4 None.' 10 Fo& I 0 Feet 6(1 Feet ~ Front Yard S.P.S. S.P.S. Side Yard Rear Yard (attached) S.P.S. Rear Yard (detached) 20 Feet Max. Bldg, t feight 35 Feet'~ $.P.S.: Same as Principal Structure. Applicable to single story dwelling units. Applicable to two stop;' dwelling units. S.P.S. S.P.S. S.P.S. 10 Feet: S.P.S) S.P.S. S.P.S. S.P.S. 10 Feet~ S.P.S) S.P.S. S.P.S. I0 l:eet~ I 0 Feet~ S.P.S/ 15 Feet t5 Feet 20 Feet I0 l:ect' S.P.S.' 35 Fcc\s 35 Feets -~- Feets 40 F'cct Applicable only to thc golf course clubhouse, and only applicable from residential parcels, otherwise none (0'). Applicable to all other recreational buildings not associated xvith the golf course clubhouse. Where such recreational buildings are adjacent to golf course, none (0'), or lake - none (0') measured from the top of bank. Where adjacent to a golfcourse - none (0'), or lake - none (0') recast,red from the top of bank. 15 feet. or one-half the sum of the heights of the adjacent buildings, measured from exterior v,'alls, whichever is greater. Building height shall be measured from minimum finished floor elevation. 35 feet. or 2 stories, whichever is greater, above tile minimum finished floor elevation, except for attached screen eno lost,res, v. hich ma)' be the height of tile principal strt, cture. All zero lot line units in a series shall have the 0 foot side setback on the same side of\he lot. The zero setback side may change only ifadditional space is provided in the form ofnn easement, golf course crossing, or the like. I 0'27/98 I'a.uc 13 4.1 4.2 10/27/98 SECTION IV COMMONS/RECREATION AREA I'URPOSE Tile purpose o/'this Section is to set forth the devclopmer~t plan and development standards from the areas designated as Tract "CP.", Commons/Recreation ,,',,rea on Exhibit "A". Thc primary function and purpose ofthis Tract is to provide for access, project infrastructure, and aesthetically pleasing open areas intended to satisfy the residents' basic needs for a quality recreational opportunity. Any recreational, social, administrative or maintenance facility which may be indicated on the PUD Master Development Plan, Exhibit "A". shall bc considered conceptual, and the placement or'such facilities considered non-binding. Except in areas to be used for water impoundment, and principal or accessory use areas, all na:ural trees and other vegetation, as practicable, shall be protected and preserved. I I,qES PEIIglITTEI) No building or structure, or part thcreoI: shall be erected, altered or used. or land used. in whole or in part, for other than the following: A. Principal Uses: I. Golf courses and golf club facilities, including temporary and permanent golf clubhouses. 2. Tennis clubs, heahh spas. and other recreational clubs. 3. Structures which house social, recreational, project marketing, administrative. or security facilities. Community and golf course maintenance utility storage bt, ildings, chemical storage areas, maintenance buildings. buildings, essential services. irrigation water and effluent storage tanks and ponds, water and wastewater treatment plants, utilities pumping facilities and pump buildings, utility and maintenance staff offices. Page 14 5. Utility, water management and rights-of-way/access casements. 6. Lakes and water management facilities. 7. Conservation areas/mitigation areas. 8. Land use and'or landscape buffers, which may or ma.,,' not be easements. depending on the buffer use. 9. Signs as pein'fitted by the Collier County Land Development Code in effect at the time pem~its are requested, except as modified herein. 10. Open space uses and structures including, but not limited to nature trails. riding trails, fitness trails and shelters, boardxvalks, landscape nurseries g,'tzcbos, and picnic areas. 11, Pedestrian and bicycle paths, or other similar facilities constructed for purposes of access to, or passage through the commons area. 12. Small docks, piers or other such facilities constructed for proposes of lakc recreation, for residents of the project. 13. Shuffleboard courts, tennis courts, swimming pools, and other facilities intended for outdoor recreation, 14, l,akc excavations as permitted by Division 3,5 of ti~e Collier Cou,ty l.and l)evelopment Code. Accessory Uses: Accessory, incidental and subordinate commercial activities such as. but not limited to, those provided herein shall clearly be of such scope, size and proposed imensity that they ,'u'e sustainable only by the membership of the golf courses and clubhouse, 1. Clubhouse, pro-shop, snack bars, practice driving range, golf cart barns, rcstrooms/shcltcrs, and other customary accessory uses of golf courses, 10!27,'98 Page 4.3 I 0'2 7/9g 2. Small establishments, including golfand tennis equipment sales, restaurants, cocktail lounges, and similar uses, intended to exclusively serve patrons of the golf course and other permitted recreational facilities. 3. Customary accessory uses or structures incidental to recreational areas and. or facilities, including structures constructed for purposes of maintenance, storage, recreation or shelter with appropriate screening and landscaping. 4. Telecommunications facilities, including, but not limited to digital. liberoptic, microwave, satellite. UI tF. VHF. FM..,\M. short-wave, and other sending and receiving facilities and structures, subject to applicable permitting, and written approval by the developer or master hon~cowncrs' association. I)EVEI,OPMENT REGULATIONS A. Overall site design shall be harmonious in terms of landscaping, enclosure of structures, location ofaccess streets mid parking areas, and location and treatment of buffer areas. B. 'Fable I sets forth the additional specific development standards applicable to thc Pcm~itted Uses. C. l,ighting facilities shall be arranged in a manner which will protect roadwax s and neighboring properties from direct glare, or other interference. D. A Site Develo. pment Plan in compliance with Division 3.3 of the Collier County Land Development Code shall be required, except for uses authorized bb' the golf course Early \Vork Agreement, as set forth in Section 2.5 F of this document. E. Off-Street Parking and Loading: As required by the Collier County Land Development Code in effect at the time permits are requested. I'ag¢ 16 4.4 10;2 7198 BUFFER DEVELOPMENT REGULATIONS A. P,u ffcr l'ypcs: 1. Land use buffers shall be easements, generally located along the prc, jcct'~, perirneter, intended to protect residential land uses from possible impacts from adjacent off-site roadways an4/or off-site land uses. Land usc buft~'rs may also be utilized within the project boundaries, at the discretion et' thc developer. Land use buffers may be landscape buffers and. or earthen bcrms and. or fences/walls. 2. Landscape buffer; existing native plant types may be utilized and. or: 3. Earthen berms and, or; 4. Fences/walls: I0 feet above the finished ground level ofthe fence or wall. B. Buffer Development Standards: In addition to the development standards set forth below, thc provisions of Section 6.13 of this document shall also apply. 1. Land use buffers, bcnns, fences and walls may be constructed along the perimeter of the Cedar llammock Golf and Countrs,. Club PUD boundar, prior to Subdivision Platting and Site Development [)lan submittal. All such areas must be included in a landscape or buffer easement on Final Plats. or in a separate recorded instrument. Landscape plans shall be submitted to Development Sen'ices for approval prior to berm construction. 2. All other project property boundaries shall have land use buffer widths in compliance with Division 2.4 from Collier County's Land Development Code. 3. Except as provided tbr above, and in Section 6.13 of this document, buffer improvements shall be in conformance with Division 2.4 from Collier Page I 7 County's Land Development Code. Types and numbers of plantings for project perimeter land usc buffers shall be submitted with Construction Plans and Plat application(s). Plans shall depict how the perimeter land use buffers will be irrigated. 10/27; 98 5.1 5.2 SECTION V PRESERVE AREA .F'URPOSE The purpose of this Section is to set forth the development plan for areas designated as Tract "Preserve" Area on Exhibit "A", the PUD Master Development Plan. Thc primer?' function and purpose of this Tract is to preserve and protect vegetation and naturally functioning habitats, such as wetlands, in their natural state. USES PERMITTED No building or structure or pan thereof, shall be erected, altered or used. or land used. in ,.,,'hole or in pan. for other than the following, subject to regional. State and Federal permits, when required: - A. Principal Uses: I. l'rcscrvc 2. Mitigation areas and mitigation maintenance actMtics. 3. Passive recreation, nature trails, picnic facilities, gazebos and other similar USES. 4. Water management facilities. 5. Small docks, piers or other such facilities constructed for purposes of lake recreation, for residents of the project, subject to approval by permitting agencies. 6. Hiking trails, golfcart paths and/or boardwalks, riding trails and other such facilities constructed tbr the purpose of passage through or enjoyment of the site's natural attributes, subject to appropriate approval by permitting agencies. 7. Signs as permitted by the Collier County Land Development Code in effect at the time permits are requested, except as modified herein. 10/27/98 6.1 6.2 6.3 SECTION VI DEVELOPMENT COMMITMENTS PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. GENERAl. All facilities shall be constructed in strict accordance with Final Site Development Plans. Final Subdivision Plans and all applicable State and local laws, codes, and regulations applicable to this PUD. Except where specifically noted or stated otllerwise, the standards and specifications of the Land Development Code of Division 3.2 shall apply to this project even if the land within tile PUD is not to bc platted. Thc developer, his successor and assigns shall be responsible for tile commitments outlined in this document. PUI) MASTER DEVELOPMENT PLAN A. Exhibit "A". thc PUD Master Development Plan illustrates the proposed development and is conceptual in nature. Proposed tract, lot or land usc boundaries, or special land use boundaries shall not be construed to be final, and mav be var/cd at anytime at any subsequent approval phase including at thc time of final platting or site development plan application. Subject to tile provisions of Section 2.7.3.5 o£the [.and Development Code. amendments ma,,' be made from time to time. B. All necessar3.' easements, dedications, or other instruments shall be granted to insure tile continued operation and maintenance of all setwices and all common areas in the project. C. 'The Community Developmeat and Environmental Sen'ices Administrator. or his 10t27'98 [~,'lg¢ designee, shall be authorized to approve minor changes and refinements to the Cedar Hammock Golf and Country Club PUD Master Development Plan upon written request of' the developer. I. Tim following limitations shall apply to such requests: a. The minor change or refinement shall be consistent with thc Collier Count>' Gro'~,,~.h Management Plan and the Cedar Hammock Golf and Country Club PUD document. b. The minor change or refinement shall not constitute a substantial change pursuant to Subsection 2.7.3.5.1 of the Collier Count>' Land Dcvclol~ment Code. c. The minor chm~ge or refinement shall be compatible with adjacent land uses, and shall not create detrimental impacts to abutting land uses. water management facilities, and Preserve Areas v,'ithin, or external to the PUD boundaries. 2. The following shall be considered minor changes or refinements, subject to the limitations of Subsection 6.3.C. 1 of this document: a. Reconfiguration of Preserve Areas. jurisdictional wetland limits. and mitigation features as result of regulator-3. agency review and permitting. There shall be no overall decrease in Preserve Area. b. Reconfiguration of lakes, ponds, canals, or other water management facilities ,,,,'here such changes are consistent with the criteria of the South Florida Water Management District and Collier Count>'. c. Reconfiguration ofgolfcourse envelopes and design features. d. Internal realignment of rights-of-way other than a relocation of 10,'27i9R }'age 21 6.4 6.5 access points to the PUD. e. Reconfiguration of residential parcels when there is no proposed encroachment into Preserve Areas. 3. Minor changes and refinements, as described above, shall be reviewed by appropriate County staff to ensure compliance with all applicable County Ordinances and regulations prior to thc Administrator's consideration tbr approval. 4. Approval by the Administrator ora minor change or refinement may occur independently from and prior to any application for Subdivision or Site Development Plan approval, however, the Administrator. or his designcc's approval shall not constitute an authorization for development or implementation of the minor change or refinement without first obtaining all applicable County permits and approvals. SCltEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION :V An annual PUD monitoring report shall be submitted pursuant to Article 2. Division 2.7., Section 2.7.3.6 of the Land Development Code. [3. This PUD is subject to the Sunset Provisions of Aniclc 2, Division 2.7.. Section 2.7.3.4 of the Land Development Code. SUBSTITUTIONS TO SUBDIVISION REQIIIREMENTS .'\. Substitutions for Certain General Development Requirements The lbllowing subdivision requirements shall be substituted as tbllows: I LDC Section" '~ · .~.~.8.4.14: Sidewalks shall be constructed as shown on the road cross-sections attached as Exhibit "B". Sidewalks on single family lots will be constructed at the time ofindMdual building construction. IO'27,98 I.DC Section 3.2.8.3.19: Street name signs shall be approved by the Development Services Director but need not meet the U.S.D.O.T.F.H.W.A. Manual on Uniform Traffic Control Devices. Street pavement painting, street striping, and reflectix'e edging requirements shall be waived. However, stop bars will be required. LDC Section 3.2.8.4.16.5: Street right-of-way widths shall be as depicted in Exhibit LDC Section 3.2.8.4.16.6: The 1,000 foot long cul-de-sac street maximum shall be revised to allow a maximum of 2.500 lbot long cul-de- sac streets. LDC Section 3.2.8.4.16.9: The requirement that curved streets havc a minimum tangent of 75 feet at intersections shall be revised to allow 0 foot tangents. LDC Section 3.2.8.16.10: The requirement for tangents between street curves shall be waived. LDC Section 3.2.8.4.16.12.e: The requirement that grass be required all non-paved areas of thc right-of-way shall be waived to also allow thc installation of decorative planters and alternative ground cover. LDC Section 3.2.8.4.16.12.d: '[he requirement for an asphahic surl~cc course shall be waived to also allow thc usc of a surface course of paver bricks or decorative concrete pavement. See Exhibit "C" tbr the cross- section. I. DC Section 3.2.8.4.16.6: The minimum required right-of-way radii at cul-de-sacs shall be 55'. 10:27,'98 Page 23 · i2131 6.7 6.8 6.9 'rRANSPOIITATION A. PURPOSE The purpose of this Section is to set forth the traffic improvement rcquiremcnts which the project developer must undertake as an integral part of the project development. B. INIPROVENIENT REQUIREMENTS I. The developer shall provide left and right turn lanes on Davis Boulevard bclbrc an',' certificates of occupancy are issued. Construction of these lanes shall be in accordance with FDOT criteria. 2. The developer shall provide arterial level street lighting at thc project entrance in conjunction with its construction of thc entrance to thc project. 3. Gatehouse facilities shall be designed and located so as not to cause vehicles to be backed-up onto any public roadway. W A T E R :X ; IANA(,I'.MEN I Thc development will be designed according to South Florida \Vatcr ,X. lanagcmcnt criteria. Storm water runoff will be routed to on-site lakes for water quality and quantity treatment. Thc project is designed as three separate basins which will discharge to on-site wetlands. Discharge is limited to the requirements of Collier County Ordinance #90-10. UTILITIES .,\. PURI~OSE The purpose of this Section is to set forth the utilities requirements. 10'27.,'98 I'agc 2-1 REQUIREMENTS 1. Water distribution and sewage collection and transmission facilities to serve the project arc to be designed, constructed, conveyed, owned, and maintained in accordance with Collier County' Ordinance No. 88-76. as amended, and other applicable County roles and regulations. 2. All customers connecting tothe water distribution and scv,'age collection facilities ,.,,'ill be considered to be customers of thc County. and ,,,,'ill be billed bv the County in accordance with the County's established rates. Temporary construction ancL'or sales trailers ~nay usc septic tanks or holding tanks for waste disposal, subject to permitting under F.A.C. Rulc l0D-6, and may use potable or irrigation ,,,,'ells. 4. Golfcourse rest stations nnd maintenance buildings may be pein'fitted to usc septic tanks or holding tanks for waste dispesal, subject to peri'hitting under F.A.C. Rulel0D-6, and may use potable or irrigation ,,,,'ells. The on-site water distribution system serving the project must be connected to the Collier County' Wnter-Scwer District's water main available and adjaceht to tim project boundaries consistent with the main size and the requirements specified in the project's Utility Master Plan. and extended throughout tile project. During the design of these t;qcilities. dead-end mains shall bc minimized by looping tile internal pipeline network, where feasible. The County recognizes that there arc environmental constraints that ma.,,' prevent looping. The project's developer. }lis assigns, or successors ma,,' negotiate an agreement with tile Collier County Water-Sewer District tbr the use of o 10127198 I'ag¢ 25 6.11 treated effluent within the project for irrigation purposes for the golf course and/or common area. The developer, or a Community Development District established to serve thc project, shall be responsible for providing all on-site piping and pumping facilities from thc County's point of delivery to thc project, and shall negotiate with the County to provide full or partial on-site storage facilities, as required by the Florida Department of Environmental Protection CFDEF"') consistent with thc voltlme of treated wastewater to be utilized. ENVI R()NM ENTAL A. Purpose The purpose ofthls Section is to set forth the enviror~mental requirements for project. I3. I)cvclopcr Requirements 1. The developer shall be subject to Division 3.9 ortho I.DC (or thc tree/vegetation removal ordinance in existence at tile time of permitting rcquiri/~g the acquisition ora tree removal permit prior to any land clearing. A site clearing plan shall be submitted to tile Collier County I)cvelopment Services Director ("Director") for his review and approval prior to any v,'ork on the site. This plan may be submitted in phases to coincide with the development schedule. The site clearing plan shall clearly depict how the final site layout incorporates retained native vegetation to the maximum extent possible, and hov.' roads, buildings. lakes, parking lots. and other facilities have been oriented to accommodalc this goal. 10 '27/98 P;Wc Native species shall be utilized, where available, to the maximum extent possible in the site landscaping design. A landscaping plan ,,,.'ill be submitted to the Director for his review and approval. This plan will depict the incorporation of native species m'~d their mix with other species. if an.,,'. Thc goal of site landscaping shall be the reestablishment of native vegetation and habitat characteristics lost on thc site during construction or duc to past activities. All exotic plants, as defined in the Collier County IJand l)cvclopmcnt Code. shall be removed from development areas and. open space areas during each phase of construction. Following site development, a continuing maintenance program shall be implemented to prevent rcinvasion of the site by such exotic species. The maintenance plan. which describes control techniques and inspection intervnls shall be st, bmittcd to and approved by the SFWMD. Alignment of all golf cart paths may accommodate native habitat. Widths of paths through wetlands will be kept to an absolute minimum. Final alignment and configurations of water management stn~cturcs (lakes. swales) may be subject to minor field adjusm~cnts to minimize habita~ destruction. [1: during thc course of clearing or course aclivities, plant or animal species identified in the Florida Game and Fresh Water Fish Commission. Jul.,,' 1987 edition of"Official Lists of Endangered and Potentially Endangered Fauna and Flora in Florida" are identilied, a survey lbr thc presence and distribution of such protected species shall be conducted bv I 0/27~9g l'agc., 10,'27,98 o qualified personnel subject to approval by the Director. If warranted. project design shall be adjusted and/or individuals and/or populalions of protected plants and/or re'rituals relocated to preserve areas (or other appropriate areas approved by the Director) to insure thc survival of thc species. Retention/relocation efforts will include all species identified in thc sttD,'ey. Native plant mamrials which must be removed from lake, golf course. roadway and building construction sites shall be, to thc extent practicable, transplanted to appropriate areas of the project. Examples of plant species appropriate for transplanting include sabal palms (Sabal palmetto), wax myrtle (Mvrica certifcra), dahoon holly (Ilex cassinc), blcchnum fcms ([~lcchnum sp.), myrsinc (Mvrsine quianensis), and red bay (Persea borbonia). The objective of this requirement is that native plant material which would otherwise be destroyed shall be transplanted whenever such action conforms to sound landscaping practice. The basic criteria tbr this practice is that the plant material be of good quality, that it have good transplantability, and that there be a need tbr it in other areas of thc project. [:or parking lots in multi-family areas, the developer shall investigate tile use of paver bricks 9r other pervious or semi-pervious materials which can be used in lieu of traditional asphalt paving so as to reduce the amount or' impcrx'ious surfaces, chemical runoff, maintenance, and potential installation expense. In the event ora dispute concerning the application o£ the stipulations Page 28 6.10 6.12 above, mutual agreements must be reached between the Director and personnel of the Cedar Hammock Golf and Country Club. If mutual agreements cannot be reached, the matter will be brought before the EAB or whatever County environmental review board is in existence at the time of any dispute. This governing entity will act as an arbitrator for any disputes. If arbitration is futile, the matters will be brought bctbre the Board of County Commissioners (BCC), with the BCC to act as thc final arbitrator. HISTORIC OR ARCHAEOI, OGIC ARTIFACTS Pursuant to Section 2.2.25.8.1 of the LDC. if, during the course of site clearing. excavation or other construction activity an historic or archaeological artifact is found, all development within thc minimum area necessary to protect the discover' shall be immediately stopped and thc Collier Count>' Code Enforcement Department contacted. The Department will respond to any such notification in a timely and efficient manner so as to provide only minimal interruption to construction activities. SIGNS All signs shall be in accordance with Division 2.5 of Collier County's [,and Development Code in effect at the time of Site Development plan approval, with the following exceptions: Project Identification Signs shall be located in accordance with the Master Development Plan for Cedar l tammock Golf and Country Club. subject to thc following requirements: I. Such Project Identification Signs shall contain only the name of the development, the developer, the insignia, or motto of the development. ~: : and shall not contain promotional or sales material. 12131 10/27/98 Page 29 10;27t 98 2. Two Project Identification Signs shall be located at each entrance to Cedar Hammock Golf and Countr2,,' Club. 3. Project identification signs shall not exceed sixty (60) square feet each. excluding mounting surfi~ccs or structures. Where signage is affixed or ,an integral part of a wall or fence, thc lace of the sign ma.,,' protrude above the upper edge of the wall or fence, but remain subject to height restrictions. except as modified herein. 4. No project identification signs shall exceed tile height of ten (10) feet above the above thc lowest centerlinc grade of the nearest public or private right of way casement to the uppermost portion of the sign. 5. Project identification signs may be lighted, provided all lights are shielded in a manner which prevents glare on adjacent roadv,'ays, or into adjacent residences. Project Comer Monuments shall be located in accordance with the Master Development Plan for Cedar Hammock Golf and Country Club. subject to the following requirements: I. Such signs shall contain only thc project logo. 2. Project Comer Monuments shall not exceed sixteen (16) square feet each. excluding mountingsurfaccs or structures. Where signage is affixed or an integral part ora wall or fence, the thee of tile sign may protrude above thc upper edge of the wall or fence, but remain subject to height restrictions. except as modified herein. No project comer monument shall exceed the height often (10) feet above the lowest centerline grade of the nearest public or private right of way easement to the uppem'mst portion of the sign. Pa_cc 30 1. 2 B 1 .: '" 6.13 4. Project comer monuments may be lighted, provided all lights are shielded in a manner which prevents glare on adjacent roadways, or into adjacent residences. B. Project ?romotion Signs - Two ground or wall signs may be located both at thc project's frontage on Davis Boulevard m~d at the project's frontage on S.R. 951 for the purpose of promoting tile development or any major usc in thc development, subject to the following requirements: I. Any promotional signs shall not exceed 100 square feet. excluding mounting surfaces or structures.' 2. No promotional sign shall exceed a height of 10 feet above thc lowest ccnterline grade of the nearest public or private right of way easement to the uppermost portion of thc sign. 3. Promotional signs may be lighted, provided all lights are sifielded in a manner which prevents ~irect glare on adjacent roadways, or into adjacent residences. LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffers, bem]s, fences and walls are generally permitted as a principal use throughout the Cedar Hamnmck Golf and Country Club PUD. except in Preser','e Areas. The following smnclards shall apply: ,,\. Landscape berms shall have the following maximum side slopes: Grassed berms 4:1 Ground covered bcrms 3:1 Rip-Rap berms 1:1 Structural walled berms may be vertical 10,'27;98 Page 31 6.14 I0/27/98 5. Required buffer planting area 4:1 B. [t¢ight of Landscape Berms and Depth of Swales The maximum height of landscaped berm is four(4) feet, as measured from existing grade, ifa 3:1 slope is utilitized. The maximum depth ora swale may be four feet. as measured l'rom existing grade, if a 3:1 slope is utilized. Other~vise. a 4:1 slope shall be required for berms and swales. C. Fence or ,,,,'all maximum height The maximum height for all walls and fences around the perimeter of the development shall be ten(10) feet above the finished ground level of the walls aa~d fences. Walls and fences within the development shall conform with LDC requirements. C. Pedestrian sidewalks, golf cart paths, bike paths, water management facilities and structures ma.,,' be incorporated into the required landscape buffer areas, consistent with Section 2.4.7.3.4 of the LDC.. D. Within the project, landscaping (including palm trees, shrubs and ground cover). sidewalks/paths will be allowed within a utility easement. Shrubs and ground cover and paths are allowed within a utility easement. Palms ma.,,' be allowed within three(3) feet ora utility]ine. Canopy trees may be located seven (7) feet from the utility line. said seven (7) feet being measured t'rom the trunk of the tree to the center of the utility line. Reconstruction of side,,vallqpaths, or modification/reinsmllation of plant materials due to necessaD' maintenance of utility lines will be the responsibility of the developer, its successors, or assigns. LANDSCAPING FOR OFF-STREET PARKING AREAS All landscaping for off-street parking areas shall be in accordance with Division 2.4 of Section vi. l'ag¢ 13 6.15 the Collier County Land Development Code in effect at the time of building permit application. POLLING PLACES Pursuant to Section 2.6.30 of thc Land Development Code, provision shall be made for thc future use of building space within common arcas for the purposes of accommodating thc t'unction of an electoral polling place. 12B1 An Agreement between thc developer and the Supervisor of Elections for the provision of polling places shall be recorded in the official records of the Clerk of.the Circuit Court of' Collier County, which shall be binding upon any and all successors in interest that acquire ownership of such common areas including homeowners' associations. 10i27i98 Section VI, Page 14 Oct'-27-g8 04:49P Florida Land Planning P.02 CD Y 0 rw m u~ I T ORDINANCE NO. 98-115 Till.; ~IIII~'~)I.:t',~I~A'I'I';I~ AI~I'2~ ~t" ~'llI,l, ll';R t?.~l~i'l"f, I''~, i~'~' N,1i.:ili~i H(i Tilt< ()l"l"l C IAI, i',(~l Ilk; A'I'I,A',~ NAP ')~,~)~; l~'f ~:ItAIi(;III(i Till': 7, O~I[I,I(~ CI,A .... lf.'ir, NI'~i~tl ~ ~.' Till.: i!i(t-!.:::l ['I':::,'1,~ii~t.:i') RI<Al, l'f~()l'l.:ld"f l.'!.:~l,l "I,:Ht.'- ~. ( it,, ", "~.I1.'-~,", "it:;l.'-fl", NIP "A" 10 "Ptlt~" i"l,Nllii.:[~ i.'Ai,~II,'~' I,i'/l.:l,l,lllti 1ll41'l':~ Ali1) All ]~t-llOl,t.: (;~)1,t,' I,~)~'A'I'!.:I~ :',~)(1'[II [)[,' t~AVIS I~OUI,[;VARD tS.It, ~,ll I~AiI~it.: ;:ii I'iA:;T, C(.)l,l, II.:lt COUNTY, f,'I,()RII)~, ~:OIlI;IS'I'IIIG (]I" ,It~' ACRESI AND I~Y Pf{OVIDING I': i.' l.'l.:( :T l ',' I.: ',';tt[':l.'.l';A,q, t<, I~rLiC~: Anderson of Young, van t,~ .[ ,'I~',,' ,,~'.tI.,~,t iI~ ii,'~'l i~)l~ ,], 'l'own~t~i[) 50 "l';;?'-,l", AlIi) "A" I(~ "l'lll)" ['lallllqd Unit ',.,'itl; ~i~,~ ~:,s.l,~' II,~mln()~:k (i(~1[ and COUll[[y .~,t ~.'~ ....t ~,.,r,:,lo ,~s t'::.:hibi~ "A" and inco[po~a~.ed by i:. .:'ii::,in~:e llumi~e[ '~l-102, Lhe Collier County Land [)eveiopment' ':'~:is Orcii::,~:~c,~ s~all become effective upon . .-: ::,,q t' t. r, ont: oi ~t. at.e. PASSED AND DULY ADOPTED by the Board of County Commissioners ~h.s /O'~ day of ~ of Collier County, Florida, ~ ~ __, ! 99~,. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: si ~'ut~re ..'?proved as to Form an~ Legal Sufficiency BAR~RAB. BER]{Y, C~ai~__~n Marjorie M. Student Assistant County Attorney -2- 12B1 ., EXHIBIT A CEDAR iiANIMOCK GOLF AND COUN'FRY CLUB A PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING TIIE CEI)AR IIAMMOCK GOLF AND COUNTRY CLUB, A PLANNED UNIT DEVELOPblENT PURSUANT TO PROVISIONS OF TilE COLLIER COUNTY LAND DEVELOPMENT CODE Prepared For: U.S. IIOME CORPOICa, TION Land I)evelopment Division 10491 Six Mile Cypress Parkway Fort Myers, Florida 33912 Prepared By a Team of Professionals: R. Bruce Anderson, Esquire YOUNG, VAN ASSENDERP & VARNADOE, P.A. 801 Laurel ()ak Drive, Suite 300 Naples, Florida 34108 l)ave Underhill, P.E. BANKS ENGINEERING, INC. 2150 Goodlette Road, Suite 701 Naples, Florida 34102 Carron Day, AICP FLORIDA LAND PLANNING, INC. 6350 28'h Avenue S.W. Naples, Florida 34116 DATE REVIEWED BY CCPC I)ATEAPPROVEDBYBCC 12/1~/c~8 ORDINANCE NUMBER 98- 115 AMENDMENTS AND REPEAL 12,03,9g Statement of Compliance Scction 1 Section Il Section 111 Section IV Section V Section VI TABLE OF CONTENTS l.cgal Description. l'roperty O',vncrship and General Description I'roj¢ct Development Residential Development Standards Comn'~ons\Rccrcation Area Development Standards Prcscp,'c Area l)¢v¢lopmcnt Commitments LIST OF EXIlIBITS AND TABLES EXIIIBIT ,,\ EXItlBIT B EXIIIBIT C TABI. E I PUD MASTER DEVELOPMENT PLAN ROADWAY CROSS-SECTIONS AI.TERNATIVE ROADWAY CROSS-SECTION DEVELOPMENT STANDARDS 12;03;98 SYAYEMENT OF COmPLiAnCE Development of thc Cedar Hammock Oolfand Counlry Club will be compliance with tl~c goals and objectives set forth in thc Collier County Comprehensive Plan. A. Thc subject property for development is within the Urban blixed Usc District/Urban Residential Subdistrict as identified on thc Future Land Usc Map as provided fi)r in O~icctix'e I of the Future Land Usc Element (FLUE), and thc uses contemplated arc consistent therewith. B. Thc proposed density of thc Cedar l lammock Golfand Country Club is approximately 1.9 units per acre tbr a total of 799 units. This total is significantly less than the maximum of approximately 3350 units permitted by the FLUE Density Rating System. ACREA(;E 418.8 acres BASE DENSITY 4 dWgross acre AI),J USTbl ENTS l'roximity to Activity Center (more than 50% ofthe 3 du/gross acre project is within the density band) Direct access to 2 or more arterials (Davis and 951 ) i du/gross acre TOTAL UNITS 3,350 units The proposed pr{ lects 799 unit total is also significantly less than thc maximum approxim~:;.t, ly I 120 units permitted by the existing zoning. EXISTING ZONING DENSITY ACREA(;E UNITS A I du/Sac 277.93 55,59 RSt':-4 4 du/ac 50,42 201.68 RMF-6 6 du/ac 10,44 62,64 RM F- 12( 10) i 0 dw'ac 80.01 800. I 0 TOTAL UNITS 418.80 1,120 units -ii- 7..7. 1281 ]'he development will be compatible with and complementary to existing and planned surrounding land uses. The development of the Cedar t lammock Golfand Country Club will result in an eflicient and economical extension of community facilities and services as required in Policy 3. and Policy 3. I.L of the Future [.and Use Element. Cedar t lammock Golf nnd Country Club implements Policy 5.6 of the Future l.and Use Element in that approximately 70 % of the project will be open space or reserved tbr conservation purposes. The Master Development Plnn, with its extensive natural, lake and golt' course open space ;treas, and with its Iow residential densit3', will insure that the developed project will be an enjoyable residential neighborhood. -iii- SECTION I lq,~OF'ERTY OWNERSIIlP AND DESCRIPTION 1.1 PtII,IPOSE The purpose of this Section is to set lbrth the location and ownership of the property, and to describe tile existing conditions of the property proposed to be developed under tile project name of tile Cedar l tammock GolFand Country Club. i.2 PROPERTY OWNERSIIIP The subject property is owned by Clyde C. Quinby. as Trustee and Thonms S. Trustee. Closings will occur and property division acquisition will be concluded at such time as project development plans have been approvcd by the Cotmty and other jurisdictional agcncics. The project developer is U.S. florae Corporation. 1.3 GENERAL DESCRIPTION OF PROPERTY AREA A. The z 418 acre project site is compromised ora portion of Scction 3, Township 50 S, Range 26E. The irregularly shaped development parcel abuts Davis Boulevard on tile north and C.R. 951 on the east. The primary development objective is an 18-hole championship golf course and count~' club. together with a maximunl o[ 799 single and multiple family dwelling units. Maximum gross project density is 1.9 units per acrc. B. Thc zoning classilications ofthc subject property prior to thc dale o1' this approved PUD document were approximately 80 acres zoned RMF-I 2(10), 10 acres zoned RNIF-6, 50 acres zoned RSF-4 and 278 acres zoned A-Agricultural. 1.4 PIIYSICAI, DESCRIPTION Elevations of the property range from 9.5 feet to 11 fcct above mcan sca level. The site contains extensive areas of jurisdictional wetlands including both submerged wetlands irt which cypress and associated vegetation dominate, and transitional wetlands in which thc Page I 12/03/{}8 1..5 predominant vegetation is a mix of pine and cypress and associated upland and wetland plants. The property is mainly covered with natural vegetation (except for unpaved vehicular trails which meander throughout the area and except for exotic vegetation which has invaded portions ofthe area in a fairly extensive manner). Natural drainage is southwesterly. Water management plans for the project are to utilize lakes which will result in the post development surface water discharge volume being less than the pre-development discharge volume. PRO.IECT DESCRIPTION Cedar Hammock Golf and Country Clu~b is designed as a low density residential gated golf course community for the active adult market. Its extensive natural, lake and golf course open space areas create an enjoyable residential ambiance. Residential enclaves will include single family detached homes, single family attached homes, zero lot line. cluster development or multi-family. Each residential unit ,.rill be served with centrally provided potable water, sanitary sewer, electric power, and telephone. Additional sen'ices will be provided as deemed appropriate. Diverse recreational amenity opportunities within Cedar Hammock Golf and Country Club include a beautiful Gordon Lewis designed 18-hole championship golf course. The clubhouse complex will contain two dinning rooms, meeting rooms, fitness center, pool. cabana, spa. pro shop. aqua range and tennis courts. Three additional pools will be interspersed throughout the neighborhoods. An entrance to the development will be provided on Davis Boulevard. The PUD Master Plan also includes an entrance to the development on C.R. 951 as ',,.'ell as access to the maintenance area. 12/03,'98 Page 2 12B1 1.6 1.7 SIIORT TITLE . This Ordinance shall be known and cited ns thc" Cedar l lammock Golf and Coumry Club Planned Unit Development Ordsnanc~: .- i. EGAL DESCRIPTION Follows this section. 12103i98 I'agc 3 Professional Engineers, Fi~nnars & Land ~urVeyors DESCRI~PTION OF A PAKCEL OF LAND LYING IN SECTION 3, TOV, rNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COI. ZNTY, FLORIDA A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLOR.IDA, COUNTY OF COLLIER, LY1Y, IG IN SECTION 3, TOWNSHYP 50 SOUTH, RANGE 26 EAST, AND BEING FURTHER BOUND AND DESCRIBED AS FOLLOWS: THE SOUTHWEST QUARTER OF SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS THE WEST HALF OF THE NORTHWEST QUARTER OF THE SOUTHI,~ST QUARTER OF SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER cOLrNTY, FLORIDA, LYING WEST OF ISLE OF CAPRI ROAD (STATE ROAD NO. 951), LESS AND EXCEPT A 25 FOOT WIDE DEDICATED RIGHT OF WAY AS RECORDED IF OFFICIAL RECORD BOOK 2015, PAGE 1500 THROUGH 1502 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER. COUNTY, FLORIDA. THE NORTHWEST QUARTER OF SECTION 3, TOWNSHI. P 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LYING SOUTHEASTERLY OF DAVIS BOULEVARD (STATE ROAD NO. 84). SAID PARCEL CONT/,ffN-ING 417.32 ACRES MORE OR LESS, SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD. $:,~:cclxion~,wpdO~\ 12.~\ 126-~i 261_ I ~[.wpd 2.1 2.2 SECTION 11 PROJECT I)EVELOPMENT REQUIREMENTS PURPOSE The purpose of this Section is to delineate and generally describe thc project phm development, relationships to applicable Cou'nty ordinances, thc respective land uses of thc tracts included in thc Cedar ttarnmock Golf and Country Club development, as 'o, cll its other project relationships. (;ENERAI, A. Regulations for development of thc Cedar }lammock Golf and Country ('lub shall bc in accordance v.'ith the contents of this document, l'tll)-I'lamlcd Development District and other applicable sections and parts of thc (.;oilier Coumv Land Development Code and Growth Management Plan in et'feet at the time development order application as provided in thc I.and Development Code and Gr{m, th Management Plan. Where these regulations fail to provide dcx'clopmcntal standards, then tile provisions o£ tile most similar district in thc County l.and l)evelopmcnt Code shall apply. B, Unless otherv,'ise noted, the definitions of all terms shall be tile same ils thc definitions set lbrth in tile Collier County Land Dcvelopmcr~t Code in cflE'ct itt thc time of development order application, as provided in the Code. C. All conditions imposed and all graphic material presented depicting restrictions thc development of thc Cedar }lamrnock Golf and Country Club shall become part ofthe regulations which govern the manner in which thc PUD site may be developed. D. Unless modified, waived, exempted or excepted by this PUD. the provisions of thc Collier Count>' Land I)cvclopment Code. where applicable, remain in full lbrcc and effect with respect to the development of the land which comprises this PtJD. 12,1)3:98 I'agc 4 2.3 1'2. Development permilled by the approval of this petition will be subject It) a concu~cncy review under thc provisions of Division 3.15. Adequate Public Facilities. l'roln tl~c County I.and Development Code. at thc carltcsl or next to occur of eilhcr final SDP approval, final plat approval, or building permit issmmcc applicable to this development. I)ESCRIPTION OF PRO,IECT PI,AN AND Pi{OPOSED I,ANI) USES 2.4 :\. Thc project developmerlt plan is graphically indicated by thc PUl) Nlastcr l)cvclopmcnt Plan. altachcd as l~xhibit "A". Thc plan indicates tracts which arc eligible Ibr either single lhmilv or nmlti-fim~ily ch~clling units, streets, an 18 h,dc ?If course, a practice driving range, a golf course maintenance site xk ith scpltralc access from C.R. {)51. a country club complex, a system of lakes and preserved natural wetland and upland areas, an entry gate lhcility on Davis Boulevard and on C.R. 951. B. In addition to Iht plan clements shown on thc PtJI) Master [)cvclopmcnt Phm. such casc~llc~lts tl~lcl rights-old,ray shall be established within thc pn~jcct site as may bc necessary or desirable for the semite, thnction, or convenience of thc project. C. Thc PUl) Master Development Plan is also thc SubdMsion Master Plan. I)ESCRIPTION OF PRO,IECT DENSITY OR INTENSITY OF I,ANI) [~SE No more than 799 combined single and rnuhiple family dwelling units shall bc constructed in tl~c & 418 acre total prt~jcct area. If all 799 &veiling units arc constructed, gross prQcct density will he 1.9 units per acre. Single and multiple fitmilv dwelling units shall not bc constructed xxithin thc same platted tract. I'ugc 5 2.5 RELATEI) PRO,IECT PLAN APPi*,()VAI~ I~EQUIREMENTS A. Prior to thc recording of a Record Plat, and/or Condon'finium i'lat Ibr all or part of thc PUl), final plans of all required improvements shall receive approval of thc appropriate Collier County governmental agency to insure compliance with thc PUD Nlastcr Development Plan, the Collier County Subdivision Code, and thc platting ia~vs of the State of Florida. B. Exhibit "A". PLID Master Development Plan, constitutes thc required Development Plan. Nubscquent to or concurrent with PUl) approval, a Prcliminarx Subdivision Plat if applicable shall be submitted. Any division or' properly and thc development of the land shall be in compliance wilh Division 3.2 of the Collier County l.and Development Code. and the platting laws oFthe State of Florida. C. The provisions ol'l)ivision 3.3 ofthe Collier County I,and l)evclopmcnt Code. ~vhcn applicable, shall apply to the development of platted tracts, or parcels oF land provided in said Division prior to the issuance of a building permit or other development order. I). Thc development of any tract or parcct approved lbr residential dcvclopmcm contemplating Ibc simple ownership of land tbr each dwelling shall be required to submit and receive approval oFa Preliminary Subdivision Plat in conlbrmancc with thc requirements of Division 3.2 of'thc Collier County l.and l)cvclopmcnt Code prior to thc submittal oF construction plnns nnd tlnal plat tbr any portion oF thc tract or parcel. E. Appropriate instruments will be provided at the time ofinl?astructural improvements regarding any dedications and method tbr providing perpetual maintenance of common l~tcilities. 2.6 I:. The golf course and related support facilities, including construction trailers and golt' course maintenance t:acilities, may be developed prior to thc approval ot'Subdivision Construction Plans and Plat, subject to approval ot' an Early Work Agreement by Collier County Development Services Stafl~ Usc of thc Cedar l lammock (Jolt' and Country Club may not occur until thc required plat is recorded, all suppor~ int}astructure is completed and preliminary acceptance Ik~r thc improvements is granted by thc Board of County Commissioners tk~r that phase of thc development. 51OI)EI~ ilOMES AND SALES FACiIATIES Model homes, sales centers and other uses and sta~cturcs related to thc promotit~n and sale ~)l'rcal estate such as, but not limited to pavilions, vicwing plat tk~rms, gazebos, parking areas. tents, and signs, shall be permitted principal uses throughout the Cedar llammock (it)Il'and ('out,try Club subject to thc requirements of Article 2, Division 2.6, gcction 2.6.3.3.4. Article 2. l)ivisio~ 2.5. Section 2.5.5.1.3, Article 3. I)ivision 3.2. Section 3.2.6.3.6, and other applicable sections of the code, and of the Collier County l,and Development Code. '['hc limitation of Section 2.6.33.4. i .5(a), regarding thc number ofmodel homes allowed prior to plat recordation shall be applicable to each development tract rather than each development phase. Model homes/model home centers including sales centers shall be permitted in conjunction with thc promotion of thc development subject to thc IX)l lowing: ..X. Models may bc constructed al~er approval ol'a preliminary subdivisior~ plat but prior to recording a final plat. B. Models may be permitted as "dry models" and must obtain conditional certificates o~' occupancy fbr model pu~oscs only. Models may not bc occupied until a permanent certificate of occupancy is issued. 2.7 l). mcmbcrsh' AMENi)MENT Models may not be utilized as "sales offices" v,'ithout approval bv and through thc Site Development Plan process. Thc SI)P process shall not bc required for dr,,' models pursuant to this section. In addition~o use of rnodcl homes as sales offices or centers, a sales office or center ,aincd on-site For the sales, marketing and administration or'sol I'coursc 'O F'UI) I)OCUMENTS OR PUl) MASTER i)EVEi.()PblENT 2.8 PI,AN Arncr~dments may bc rnad¢ to the PUl) as provided in thc Collier County l.and I)cvelopmcr~t Code. Section 2.7.3.5. ASSOCIATION OF I'ROI' EI,t'I'Y OWNERS FOR COMbI()N 2.9 blAINTENANCE \Vhcncvcr thc developer elects to create land area and/or recreation amenities xvhosc ownership and maintenance responsibility is a common interest to all ol'thc subsequent purchasers of property within said development in which thc common interest is located, thc developer entity shall provide appropriate legal instruments liar thc establishment Property Owners' Association anWor Community Development District whose limction shall include provisions lbr the pc~ctual care and maintenance of all common fitcilitics and open space subject l~mhcr to the provisions of thc Collier County l,and l)cvclopmcnt Coclc. ~cction 2.2.20.3.8. STREETS A. Platted prqjcct streets shall be private or owned by a Community l)cvelopmcnt District and shall be classified as local streets. B. Utilization of lands within all project rights-ol%vay Ibr landscaping, dccoratixc cntranccways, and signagc may be allowed subject to review and administratix c 2.10 approval by thc Collier County Community Dcveh)pmcnt and Environmental Services Administrator, or his designee, for engineering and satL'tv considcrati prior to installation. C. Offstrcct parking required for multi-family uses shall be accessed by parking aisles or drivev,'ays. These parking aisles shall be separate from roads providing access to platted residential lots. Where parking aisles and roads abut. a green space area of not less than ten (10') feet in width will be provided between thc accesses, as measured from thc pavement edge. I.AKES A. I.ake Setbacks: 1. All lake setbacks shall be measured from thc lake top of bank. 2. Thc required setback to an2,' internal property line or tract linc internal to thc Cedar l lammock Development shall be zero (0) feet. 3. Thc minimum setback to any internal right-of-v;ay, or roadway access casement shall be twenty (20) feet. 4. The minimum setback to an.,,' right-of-way, roadway access casement external property line may be twenty (20) feet if thc right-of-v, ay. roadxvav access casement or external property linc is fenced. B. [,akcs mav be excavated to a maximum depth ,~1' 20 feet. C. l,ake Slopes: Upon tile approval of the Site Development Review l)ircctor, slope reduction shall bc allowed for a maximum of 40% of the lake perimeter where vertical bulkheads. rock walls, rip rap or other slope protection measures arc provided. Compensating littoral zone shall be provided where slope reduction is used on thc lake perimeter. 12,'03,98 I Iowever, no compensating littoral zones si'mil be required where slope reduction measures arc used oil islands within thc lakes, 2.11 FII,L STORA(;E This section is provided to allow the completion ot'the water management system includi~ thc lilling of thc residential areas prior to building permit issuance, as allowed 3.2.~.3,6 of thc I,I)C. Thc excavation of thc lakes is a requirement of Il'lc first phase in ordur to establish thc surfitce water management syslcn1. Thc ill[ gcncralcd on-site lake excavation is approximately adequate to achieve the proposed finish ~radc. It is anticipated that rock will be generated by on-site lake and utility constructiot~. I~ order to avoid ol'lLsi/e traffic impacts caused by thc removal ol'rock I~om thc silo, Ibc rock will be buried fi~r no net loss of material. Thc residential areas may bc cleared and filled whct~ thc lake construction occurs. Thc tilling o1' thc residential [lrcas ih tlcccssarv complete thc surlhcc water management system, and is a requirement ot'the SFWM D permit. 2.12 ACCESS Thc project's principal access drive will bc o~ Davis Boulcx'ard with a secondary C.R. 951. Construction access will be on C.R. 951. A separate access I~r thc gol{' maintenance area is also on C.R. 951. 12;03,9R 3.1 3.2 3.3 SECTION I11 RESIDENTIAL I)EVELOPMENT PUIIi'OSE The purpose ot'this Section is to identity' specitic development standards for areas designated as Tract "R" - Residential on thc PUD Nlastcr Development Plan, Exhibit "A". MAXIMUM i)WEI,I,IN(; tlNITS A maximum o1' 799 dwelling units may be constructed in this ~,II8 acre pro cot. [~SES I'ERM1Tq'EI) No building or structure, or part thcrcoL shall bc erected, altered or ~scd. or land used. in x~holc or in part, fi~r other than the tbllowing: A. Principal Uscs: I. Single-Family detached buildings. 2. Single-Family attached dwellings, zero lot line and/or multi-lhmilv dwellings. B. Accessory Uses: 1. Accessory uses and structures customarily associated ~ ith single and multi- lhmilv residential projects. 2. Utility. water management and rights-ol2way/access easements. 3. Water management thcilities/lakcs. 4. Project sales and administrative offices, which may occur in a residential or recreational building anWor in a temporary building until such lime as permnnent structures are available, provided the appropriate temporao' usc permit is obtained prior to occupancy. I I'agc II 3.4 12B1 5. Model dwelling, s in the sing,lc fanfily/muhi-family tracts, during` the period of project development and sales. 6. Signs as permitted by the ('oilier County I,and l)evelopmcnt Code in at the time permits are requested, except as modified herein. I)EVEIX)PMENT STANDARDS A. General: Except as provided for herein, all criteria set lbrth shall be understood to be relation to individual parcel or lot boundary lines, or between structures. Front yard setbacks shall be measured t~om back of curb or edge of pavement, whidlcvcr closer to thc structure. Condominiun~/homcowncrs' association boundaries shall not be utilized lbr determining development standards. B. Table I sets lbrth the additional specific development standards applicable I~ermittcd C. ()fBstrcet Parking and Loading Requirements: As required by l)ivision 2.3 of the Collier County l.and Devclopn~cnt Code in cflE'ct at thc time of building permit application. CLUSTER I)EVELOPM ENT In thc ex'tnt a housing project (including int?astructure), is designed with a common architectural theme, the Collier County Development Ncrvices [)irector may permit variations from the previously listed residential development regulations. Prior to approxal and subject to the provisions of Division 3.3 ofthe Collier County [.and l)cvelopment Code. thc Collier County Development Services Director shall insure that thc plans arc appropriate lbr and compatible with the surrounding area. and thc basic intent of thc PUl) standards arc complied with. Page 12 12/03/98 TABLE 1 I)EVELOPM ENT STANDARDS 12B] Single l)eveh)pment Family Standards ' Detached Single Family Zero Lot Attached Line" Multi-Family Commons/ Recreation Ilses PI,Il NCI PAL STRUCTU RES Minimum l,ot ..\rca 7,000 S.F. Min. 70 Feet l.ot \Vidth Min. Floor :\rca 1.500 S.i". 12 [:cct Side Yard 3,600 S.F. 3,600 S.F. 1(I,000 S.[:. Min. 30 l:ect~ Min. 50 l;ect Min. 120 Min. 25 Feet-' Feet 1,000 S.F. 1,000 S.F. 1,000 S.[:. 12 Fcct 12 Feet 20 l:cct Rear Yard Min. I)istancc Bcl~%cen Struclurcs Nlax. Bldg. lfcight 5 I:cet~ 5 l:ccts 0 l:ects "& 10 I:cc¢ 10 l:cct' 10 t:cct~ I 0 I:cet'~ I 0 Feet5 20 I:cct~ 10 Feet I0 Feet I0 Feet 15 2 stories not 2 stories not 2 stories not 4 stories not to exceed 35 to exceed 35 to exceed 35 to cxcccd 65 feet ? feet ? feet ? feet 7 A('¢'ESSORY STRUCTURES 50 l:cct~ 20 t:cct~ 25 I:cct: I0 I:cct~ l () ]"cet' ]:cci 60 I:cct: Yard Side Yard Rear Yard (attached) Rear Yard (detached) Max. Bldg. l fcight S.P.S. S.P.S. S.I).S. S.I).S. 1(3 I:cct' S.P.S.~ S.P.S. S.P.S. S.P.S. S.P.S. I0 l:cct' S.I)..q.~ S.P.S. S.P.S. S.P.S. I0 Feet' 10 l:¢et~ S.i).S.~ 20 I:cct 15 l:¢ct 15 Fcct 20 }:cot IO I"cct' o. f:cct~ o> Feetx 35 Fcctx o> l:cct~ 40 l:cct S.P,S.: S;[mc as Principal Structure. ,.\pplicablc to ,ingle story dx~clling units. Applicable ~o tx~o story dx~clling units. Applicable only to the golf course clubhouse, and only applicable from residential parcels, othcrx~ isc none (0') Applicable to all other recreational buildings not associated with the golf course clubhouse. Where such recreational buildings arc adjacent to golfcourse - none (0'), or lake - none (0') measured from thc top of bank. Where adjaccm to a golf course - none (0'), or lake - none (0') measured from thc top of bank. 15 l~ct, or one-half thc sum of thc heights o~thc adjacent buildings, measured tYom exterior walls, whichever is greater. Building height shall be measured from minimum finished floor elevation. 35 l~ct, or 2 stories, whichever is greater, above the minimum finished Iloor elevation, except fi~r attached screen enclosures, which may be the height of the principal structure. All zero lot linc units in a series shall have the 0 foot side setback on the same side oftlm lot. Thc zero setback side may change only ifa minimum 10 foot wide space is provided in the titan of an easement, golf course crossing, or thc like, which separate the lots. Page 13 12/113 98 4.1 4.2 12/03,98 SECTION IV COMMONS/RECREATION AREA Thc purpose of this Section is to set Forth thc development plan and development standards From thc areas designated as Tract "CR", Commons/Recreation Area on Exhibit "A". Thc primary function and purpose ofthis Tract is to provide for access, project inlTastructurc, and aesthetically pleasing open areas intended to satisfy thc residents' basic needs tbr a quality recreational oppcmunity. Any recreational, social, administrative or maintenance fi~cilitv which may be indicated on thc PUl) Nlastcr Development Plan. Exhibit "A". shall bc considered conceptual, and thc placement ol'such lhcilitics considered non-binding. I.'xccpt in areas t,, bc used tbr water impoundment, and principal or accessory usc areas, all natural trees and other vegetation, as practicable, shall be protected and preserved. USES PERMITTEI) No building or structure, or part fl~creot', shall be erected, altered or used. or land used. in whole or in part. tbr other than the t~llowing: A. Principal Uses: 1. GolEcourscs and golf club facilities, including temporary and pcrmancm golf' clubhouses. 't'ctmis clubs, health spas. and other rccrcati,mal clubs. 3. Structures which house social, recreational, project marketing, administrative. or security lhcilitics. 4. Community and golf course maintenance areas, maintenance buildings. utility storage buildings, chemical storage buildings, essential services. irrigalion water and effluent storage tanks and ponds, water and wastcwatcr treatment plants, utilities pumping Facilities and pump buildings, utility and maintenance stafl'offices. ~,~gc t4 5. Utility, water management and rights-of-way/access easements. 6. l,akcs and water management facilities. 7, Conservation areas/mitigation areas. 8. l,and usc and/or landscape buffers, which may tlr may not bc easements, depending on the buffer use. q. Signs as permitted by thc Collier County Land Development Code in effect at thc time permits are requested, except as modified herein. I(1. Open space uses and structures including, but not limited to nature ~rails. riding trails, fitness trails and shelters, boardxvalks, landscape nurseries gazebos, and picnic areas. 11. Pedestrian and bicycle paths, or other similar facilities constructed tBr purposes of access to. or passage through thc commons area. 12. Small docks, piers or other such facilities constructed lbr purposes of lake recreation, lbr residents ,)f the project. 13. Shufllcboard courts, tennis courts, swimnfing pools, and other ]'acilitics intended for outdoor recreation. 14. l,akc excavations as pemfitted by Division 3.5 ofthc Collier COUlltV l.and Development Code. ..\cccssor\' [Jscs: Accessory, inc idcntal and subordinate commercial activities such as, but not Ii mi ted to, those provided herein shall clearly be ofsuch scope, size and proposed intcnsiLv tl~at they arc sustainable only by the membership of thc golf courses and clubhouse. 1. Clubhouse. pro-shop, snack bars. practice driving range, golf carl barns, restrooms/shchers, and other customary accessory uses of golf' courses. 12/113 Page 15 4.3 2. Small establishments, including golfand tennis equipment sales, restaurants. cocktail lounges, and similar uses. intended to cxclusivcly serve patrons of tile golf course and other permitted recreational facilities. 3. Customary accessory uses or structures incidental to recreational areas and. or tk~cilities, including structures constructed for purposes of maintenance. storage, recreation or shelter with appropriate screening and landscaping. 4. Tclccommurfications facilities, including, but not limited to digital. fibcroptic, microwave, satellite. Ut IF. VI IF. I:M. :\NI. short-x\ ax e. and other sending and receiving facilities and structures, subject to 'applicable permitting, and written approval by thc developer or master association. I)EVEI,()i'blENT REGtlLATIONS ,\. ¢)verall site design stroll be harmonious itl terms of landscaping, enclosure of structures, location ofaccess streets and parking areas, and location and treatmem O[' butter areas. B. Table I sets lbrth the additional specific development standards applicable to the l'crmitted Uses. ('. l.ighting facilities shall be arranged in a manner which will protect road\va.\ s and neighboring properties from direct glare, or other interference. l). ..\ Site I)cvclopmcnt Plan in cornpliance with Divisio,~ 3.3 of thc Collier County I.and I)cvcloprncnt Code shall be required, cxccp! for uses authorized by thc golf course Early Work Agreement, as set forth in ,Section 2.5 F of this document. t{. ( )fi-Street Parking and l,oading: ..ks required by the Collier County Land I)evelopment Code in effect at thc time permits are requested. P:~gC I 12:03,'98 4.4 No buildings shall bc pcrnfittcd within one hundred fcct of thc existing right of way lbr Davis Boulevard. however, entry monuments or signs may be permitted. BtlFFER I)EVEI.()PblENT RE(;UI.ATIONS A. Buftkr Types: 1. l,and use buflbrs shall be casements, generally located along thc project's perimeter, intended to protect residential land uses IYom possible impacts l?om adjacent off-site roadways and/or ol'tLsite land uses. l,and usc bufl~rs may also be utilized within the project boundaries, at thc discretion of thc developer. I,and use hurters may be landscape buffers and. or earthen hcrms and, or tbnces/walls. 2~ l,andscapc buflbr: existing native plant types may be utilized and. or; 3 Harthcn bcrms and. or: 4. [:cnccs/walls: 10 t~ct above thc finished ground level of thc tkncc or wall. B. llul'l~r Development Standards: In addition to thc development standards set t~rth below, thc provisions of Section 6. t3 of this document shall also apply. I. l,and usc buflkrs, bem~s, Fences and walls may bc constructed along thc perimeter of thc Cedar l lammock Golf and Country ('lub PtJI) boundary prior to Subdivision Platting and Site Development PInn submittal. All such areas must be included in a landscape or buflkr easement on Final Plats. or in a separate recorded instrument. Landscape plans shall be submitted to I)cvclopmcnt Services [~r approval prior to berm construction. 3. All other project property boundaries shall have land usc buftk'r widths in compliance with Division 2.4 from Collier County's l,and Development Code. Page I 7 12,03 98 F. Except as provided for above, and in Section 6.13 of this document, bu fl'er improvements shall be in conformance with l)Msion 2.4 l?om Collier County's l,and Development Code. Types and numbers of plantings for project perimeter land usc bul'lZ, rs shall be submitted with Construction Plans and Plat application(s). I'lans shall &pict how the perimeter land use buflk, rs will be irriL2atcd. 2;03, Page 5.1 5.2 P [ll,tP()Sl': The purpose ofthis Se "l'rcscr', c"/\rca on l",x SECTION V i~'I~.ESERVE AREA 1281 is to set Ibrth the development plan Ibr areas designated as Tract [t "A". the PtJI) Master Development Plan. The primary and purpt~sc of this 'l'rac[ is to preserve ant[ protect vegetation and naturally functioning habitats, such as wetlands, in their natural state, USES PERMITTEI) No building or structure or part thereotL shall be erected, altered or used. or land used. Mmic or in pan. tk}r other than the tbllowing, subject to regional. Slate and Federal pcrmi~. when required: ,,X. t'rincipal t/scs: Preserve Mitigation areas and mitigation maintenance activities. 3. Passive recreation, nature trails, picnic lhcilities, gazebos and other similar tlSCS. 4.Water management lhcilities. 5. Small docks, piers or other such facilities constructed tbr purposes off lake recreation, tbr residents of the project, subject to approval by permilting agencies. l liking trails, golf cart patios and/or boardwalks, riding trails and other such I~cilities conslructcd tbr the purpose of passage through or enjoyment of thc sile's natural attributes, subject to appropriate approval by permitting agencies. 7.Signs as permitted by lhe Collier Counly I,and l)evelopment ('ode in at II~e time permits are requested, except as modified herein. 6.1 6.2 6.3 SECTION V! i)I'~VELOPMENT COMMITMENTS The purpose of this Section is to set forth the developrnent commitments for the development of ti~e pro. ioof. GENERAl, All l~xcilitics shall be constructed in strict accordance with Final .Site I)cvclopmcnt Plans. Final Suhdix ision Plans alld all applicable State lllld h~cal Jax~s. crudes, and regulations applicable ~o this I't!l). Except where specifically noted or stated otherwise, thc standards and spccil~cations of tho l.and Development Code ofl)ivision 3.2 shall apply to this pro. itel even if thc lalld within the PUD is not to be platted. '['he developer, his successor alld assigns shall bc responsible tbr the comn~ilments outlined in this document. Pill) MASTEI/I)EVELOPMENT Iq. AN A. Exhibit "A". the PUD Master Development Plan illustrates the proposed development and is conceptual in nature. Proposed tract, lot or land usc boundaries. or special land use boundaries shall not be construed lo be tinal, and may be varied at anytime at any subsequent approval phase including at thc lime of final platting or site development plan application. Subject to thc provisions t~fNcclion 2.7,3.5 thc I.and Development Code. amendments may he made from time to time. All necessary casements, dedications, or other instruments shall be granted tt~ insure thc continued operation and maintenance of all services and all common areas in thc project. C. Thc Community Development and Environmental Services Administrator. or his designee, shall be authorized to approve minor changes and refinements to thc Cedar l lammock Golf and Count~ Club PUD Master i)evclopmcnt Plan upon written request of the developer, page 12103/98 12B1 Thc following limitations shall apply to such requests: a. The minor change or refinement shall bc consistent with thc ('oilier County Growlh Management Plan and thc Cedar i lammock (;ol fand Country Club PUl)document. b. The minor change or refinement shall not constitute a substantial change pursuant to Subsection 2.7.3.5. l of thc Collier (Totmlv t,and l)cvclopmcm Code. c. The minor change or refinement shall be compatible with adjaccm land uses. and shall not create detrimental impacts IO abutting land uses, water manasement facilities, and l'rcscrvc Areas within, or external to the PUD boundaries. Thc lbllowing shall be considered minor changes or rciincmcnts, subject to thc limitations of Subsection 6.3.C. 1 of this document: a. Reconfiguration of Preserve Areas,jurisdictional wetland limits, alld mitigation l~atures as result of regulalory agency review and permitting. There shall be no overall decrease in Preserve .,Xrca. b. Rcc~mtiguralion of lakes, ponds, canals, or other water management lk~cililies where such changes nrc consistent with the criteria of thc South Florida Water Management District and Collier County. c. Reconfiguration ofgolfcourse envelopes and design tbaturcs. d. Internal realignment ofrights-otLwny other than a relocation of access points to the PUD. c. Reconfiguration of residential parcels when there is m~ proposed encroachment into Presen'e Areas. Page 21 6.4 6.5 SCllEI)I:I,E Minor changes and refinements, as described above, shall be reviewed by appropriate County staff to ensure compliance with all applicable County Ordinances and regulations prior to the Administrator's consideration tbr approval. Approval by tl~e Administrator ora minor change or refinement may occur independently l>om and prior to any application lbr Subdivision or l)cvclopmcnt I'lan approval, however, the Administrator, or his designcc's approval shall not constitute an authorization Ik~r development implementation ofthe minor change or refinement without first obtaining all applicable County permits and approvals. OF I)EVEI,OPMENT/MONITORIN(; IiEP()RT ANI) S[~NSET PI,~OVI,"4 ION ,,\n annual PUl) monitoring report shall be submitted pursuant to Article 2, l)ivision 2.7.. Section 2.7.3.6 of the Land Development Code. B. 'I'his PUl) is subject to thc Sunset Provisions of Article 2, Division 2.7.. Section _.7..~.4 of the Land Development Code. StIF~STITttTIONS TO SUIIi)IVISION I{EOUII{EMENTS A. Substitutions tbr Certain Subdivision Requirements 'l'hc following subdivision requirements shall be substituted as folio\rs: I I.I)C ' ' "') · Sccuon .~._.8.4.14: Sidewnlks on single family lots xxill be constructed at thc time of indMdual building construction. '~ I,DC Section "~"" -. .~...~..~.19: Street name signs shall be approved by thc Development Services Director but need not meet the U.S.D.().T.F.I I.\V.A. Manual on [Jnifom'~ Traffic Control Devices. Street pavement painting. street striping, and reflective edging requirements shall be waived, l lowever. stop bars ,,,,'ill be required. I'a.~c 22 6.6 I.I)C Section 3.2.8.4.16.5: Street right-of-way widths shall be ns depicted in F. xhibit "B". [.DC Section 3.2.8.4.16.6: The 1,000 foot krug cul-de-sac street maximum st~all be revised to allow a maxin'mm of 2.500 t~ot long cul-de-sac streets. I.I)C Section 3.2.8.4.16.9: The requirement that curved streets have a minin',un~ tangent of' 75 feet at intersections shall bc revised to allow 0 foe! tangents. LI)C Section 3.2.8.16.10: Tile requirement lbr tangents between street ct,ryes shall be waived. - l.I)(' Section .~._.8.4.16.12.e: The requirement that grass bc required for all non-paved areas of the right-el:way shall bt: waived to also allow thc installation of decorative planters and alternative ground cover. I.DC Section 3.2.8.4.16.12.d: The requirement lk)r an asphahic surface course shall be waived to also allow the use ora surthce cot, rsc of paver bricks or decorative concrete pavement. See Exhibit "C" for the cross-section. [.I)C Section 3.2.8.4.16.6: Thc miniult, m required right-el:way radii at cul- de-sacs shall be 55'. TRANSi'OI/TATION Purpose: . 'Ibc purpose of this Section is to set forth tile traffic improvement requirements xxhich the project developer must undertake ns an integral part of the project development. Should the FI)eT select an alternative for tile planned relocation or expansion of S.R. 84 which affects the proposed project, and the FDOT acquires tile afl~'cted land, 12.,'03,98 Page 23 6.7 6.8 tt~c PUD Master Plan and applicable sections ofthe PUD document shall be amended to pray[dc for thc reservation of right-of-way for the relocated or expanded S.R. 84 provided the petitioner shall not be required to provide environmental mitigation as a result of said reservation. ('. Itnprovcmcnt Requirements: 1. 'l'i~c developer shall provide left and right turn lanes on Davis Boulevard bctk')re an.,,' certificates of occupancy are issued. (.'onstnlction ofthcsc lanes shall bc in accordance with FI)OT criteria. 2. Thc developer shall provide arterial level street lighting at thc pro cot entrance in conjunction with its construction of thc entrance to tire project. 3. Gatchouse facilities shall be designed and located so as not to cause vehicles to be backed-up onto any public roadway. WATER MANAGEMENT A. '['l~c development will be designed according to South Florida Water Management criteria. B. Storm water runoff will be routed to on-site lakes for water qualit5 and quantity treatment. The project is designed as three separate basins which will discharge to on-site wctl:mds. Discharge is limited to tile requirements of Collier Count5 ( )rd inancc 1/90-10. UTI LITi ES .,\. I'urposc: The purpose of this Section is to set forth the utilities requirements. B. Requirements: 1. Water distribution and sewage collection and transmission facilities to serve the project arc to be designed, constructed, conveyed, owned, and maintained J}at:¢ 2-1 in accordance with Collier Count}' Ordimmcc No. 88-76, as amended, and other applicable County aries and regulations. All customers connecting to the water distribution and sewage collcclion t%cilitics will be considered to be customers of the County, and will be billed by the County in accordance with the County's established rates. Temporary consmtction and'or sales trailers may usc septic tanks or holding tanks lbr x~'aste disposal, subject to permitting under F.A.C. Rule l ()I)-6. and may use polable or irrigation wells. (iolfcourse rest stations and maintenance bnildings lllay bc pcrmiucd to usc septic tanks or holding tanks tbr waste disposal, subject lo pcrmiuing under F.A.C. Rule 1013-6. and may use potable or irrigation wells. Thc on-site water distribution system serving thc pro.jeer must be connected to thc Collier County Water-Sewer District's water main available and ad.jaccnt to thc project boundaries consistent with thc main size and thc requirements specified in the project's Utility Master Plan. and extended throughout the project. During the design ofthese lk~cilities, dead-end mains shall be minimized by looping the internal pipeline network, where I~'asiblc. The County recognizes that there nrc environmental constraints that may prevent looping, '['he prqjcct's developer, his assigns, or successors may negotiate an agreement with the Collier County Water-Ncx¥cr District lbr thc usc or'treated effluent within thc project lbr i~igation purposes tbr thc golt'coursc and/or common area. The developer, or a Community l)cvclopmcnt District established to scn'e thc project, shall be responsible lbr providing all on-site piping and pumping facilities t}om the County's point ot'dclivco' to thc Page 25 6.9 6.10 12gl. project, and shall negotiate with thc County to provide full or pat',iai on-site storage facilities, as required by the Florida Dcparm~ent of l.;nviron,'nental Protection ("FI)Elf) consistent with the volume or'treated wastex\'atcr to bc utilized. tllSTORIC OR ARCllAEOLOGIC ARTIFACTS I'ursuam to Section 2.2.25.8.1 ol'tile l,l)(,', it', during the course of site clearing, cxcavatior~ t~r other coi~struction activity an historic or archaeological arti fact is t'outld, all development within the mi~imum area necessary to protect the discovery shall be immediz~tcly stopped agd thc ('~Alicr ('ounty Code l(nforccmct~t l)cpartmcnt comactcd. Thc I)cpartmcm xxill respond to any such notification in a timely and efficient manner so as to provide only minimal interruption to construction activities. ENVIRONMENTAL A. Purpose: The purpose of this Section is to set forth the environmcr~tal rcquiremems l'~r thc project. g. Developer Requirements: I. Thc developer shall be subject to l)ivision 3.9 or' tile I,DC lot the tree/vegetation removal ordinance in e×istcnce at the time of permitting), requiring tile acquisition of a tree removal permit prior to any land clearing. A site clearing plan shall be submitted to tile Collier County l)evch)pment Sen'ices Director ("Director") tbr his review and approval prior to any work on the site. This plan may be submitted in phases to coincide with thc development schedule. The site clearing plan shall clearly depict how thc final site layout incorporates retained native x'egctation to thc n'~aximum 12/O3,98 I'~lgc 26 12B1 extent possible, and ho,,,,' roads, buildings, lakes, parking lots. and other facilities have been oriented to accommodate this goal. All exotic plants, as defined in the Collier County l.and I)cvclopmcnt CA,dc. shall be removed from development areas and. open space areas during each phase of construction. Following site development, a continuing maintenance program shall be implemented to prevent rcinvasion of the site by such exotic species. The maintenance plan. which describes control techniques shall be submitted lo Current I~lanning I';nvimnmcntal 5tat'f tbr review add approval prior to linal site plan/construction plan t, pprm':,l. Alignment ofal[ golf cart paths may accommodate native habitat. Widths of paths through wetlands will be kept to an absolute minimum. Final alignrnent and configurations of water management structures (lakes. swales) may be subject to minor field adjustments to minimize habitat destruction. I£ during the course of clearing or course activities, plant or animal species identified in the Florida Game and Fresh Water Fish Commission. July 1987 edition of-Official Lists of Endangered and Potentially Endangered Fauna and Flora in Florida" are identi fled. a survey £or the presence and distribution of such protected species shall be conducted bb' qualified personnel subject to approval by thc Development Services Director. If warranted, project design shall bc adjusted and/or individuals and/or populations of protcclcd plants and/or animals relocated to preserve areas to insure thc survival of the species. Retcntiotgrclocation efforts will include all species identified in thc survey. 12/031og I'agc 27 Native plant materials which must be removed from lake. golf course. roadway and building construction sites shall be. to the extent practicable. transplanted to appropriate areas of the project. Examples of plant species appropriate tk)r transplanting include sabal palms (Sabal palmetto), wax myrdc (Myrica ccnifera), dahoon holly (Ilex cassine), blcchnum l~rns ([~lechnum sp.). myrsine (Myrsine quiancnsis), and red bay (Pcrsca borbonia). Thc objective of this requirement is that native plant material which would otherwise be destroyed shall be transplanted whenever such action cont~rms to sound landscaping practice. The basic criteria fi~r this practice is that the plant material be of good quality, that it have good transplantability, and that there be a need for it in other areas of thc project. For parking lots in muhi-lhmily areas, thc developer shall investigate thc usc of paver bricks or other pervious or semi-pervious matcrials which can bc used in lieu of traditional asphalt paving so as to reduce thc amount of impervious surthces, chemical runotL maintenance, and potential installation expense. [~nvironmcntal permitting shall be in accordance with thc state of Florida t(nvironmcntal Resource Permit rules and bc subject to review and approval by Current Planning Environmental Staff. Removal of exotic vegetation shall not be counted toward mitigation for impacts to Collier County jurisdictional wetlands. BuffErs shall be provided around wetlands, extending at least fiftcen (15) l~ct landward t~om the edge of wetland preserves in all places and averaging twenty-five (25) leer from the landward edge of wetlands. Where natural 2/03/98 10. II. 12. lzS1 buffers are not possible, structural buffers shall be provided in accordance with the state of Florida Environmental Resource Pcmfit rules and be subject to review and approval b>' Current Planning Enviromnental State All consen'ation areas shall be recorded on the plat with protective covenants per or similar to section 704.06 of the Florida statutes. Conscn'ation areas shall be dedicated on the plat to thc prQcct's homeowners' association or like entity Ibr oxvncrship and maintenance responsibilities and to Collier County with no responsibility IBr maintenance. Petitioner shall comply with thc guidelines and recommendations of thc t ;.N. Yish and Wildlit~ Sen'ice (USFWS) and Florida Game and Fresh Water Fish Commission (FGFWFC) regarding potential impacts to protected xvildlil~· species. Where protected species arc observed on site, a } labitat Management I'lan Ibr those protected species shall be submitted to Current Planning Environmental Staff for review and approval prior to final site pla~construction plan approval. In the event ora dispute concerning the application of thc stipulations above, nmtual agreement must be reached between thc Director a~ld personnel tfflhc Cedar [lammock Golf and Country Club. If mutual agreement cal~ilot Dc reached, the matter will be brought before thc EAB or whatever County environmental review board is in existence at thc time of any dispute. This governing entity will act as an arbitrator I~)r any disputes, if arbitration is fi~tilc, thc matters will bc brought before thc Board of County Commissioners (BCC), with the BCC to act as the final arbitrator. 12/03,"98 Page 29 6.11 6.12 SIGNS ,'Nil signs shall be in accordance with Division 2.5 of Collier County's Land Development ('ode in effect at the time of Sile Development plan approval. LANI)SCAPE BUFFERS, BERMS, FENCES AND WALLS l.andscapc buffers, berms, fences and ,,,,'ails are generally permitted as a principal usc throughout thc Cedar I lammock Golf and Country Club PUl). cxccpt in Preserve Areas. Thc following standards shall apply: A. t~crms shall have the lbllowing maximum side slopes: I. Grassed berms 4:1 2. l.andscaped berms 3:1 3. Rip-Rap berms 1'I 4. Structural walled berms may be vertical 5. Required buffer planting area 4:1 11. [lcight of l.andscape Berms and Depth of Swales: A 4:1 slope shall be required for berms an swnles, except in thc following conditions: 1. The maximum height ora berm is four(4) feet. as mcasurcd from existing grade, ifa 3'1 slope is utilized and the berm is landscaped. The maximum depth of a swale may be four feet. as measured from existing grade, ifa 3'1 landscaped slope is utilized. 2. A 3'1 slope is also permitted if the height of a slope is two (2) lL'e in height or less or if the open channel is two (2) feet in height or less. Fence or wall maxirnum height: Thc maximum hcight tbr all walls and fences around thc perimeter of thc development shall be ten (10) feet nbove the finished ground level of thc walls and 12/03,9g I'agc 3~ 6.13 6.14 fences. Walls and fences within the devclopnicnt shall conlbrrn with I.DC requirements. D. Pedestrian sidewalks, golf cart paths, bike paths, water management facilities and structures may be incorporated into tl~¢ required landscape but'tZ'r areas, consistent with Section _.4.7.~.4 of the LDC.. 1.2 Within the project, landscaping {including palm trees, shrubs and ground cover). sidewalks/paths ,.vill be allowed within a utility casement. Shrubs and ground cover and paths arc allowed within a utility casement. Palms may bc alloxx'cd xxithin three(3) fcct of a utility line. Canopy trees may be located seven(7) IL'ct frmn thc utility linc. said seven (7) feet being measured from the trunk of thc trcc to thc center of the utility line. l{cconstruction of sidewalk/paths, or rnodilication/rcinstallation of plant materials due to nccessaD' maintenance of utility lines will be the responsibility of the developer, its succcssors, or assigns. LANI)SCAPIN(; FOR OFF-STREET PARKING AREAS All landscaping for oft:street parking areas shall be in accordance with Division 2.4 of thc Collier County l.and l)cveloprnent Code in effect at thc time of building permit application. P()LLIN(; PLACES Pursuant to Y, ection _.6..,0 of the I.and l)cv¢lopment Code. provision shall bc made tbr thc future usc of building space within common areas Ibr the purposes of accommodating thc function of an electoral polling place. An Agreement between thc developer and Supervisor of lilcctions for thc provision of polling places shall be rccordcd in thc official records of thc Clerk ofthc Circuit Court of Collier County. wifich shall bc binding upon any and all successors in interest that acquire ownership of such common areas including Jlc~mcov,'r~crs' associations. 0ct-27-98 04:49P Florida Land Planning P.02 EXHIBIT "B" _~£0 & MULCH 1 / (TYP.) -- -- ' SO0 S'm~P -- 1' _2'._. _ 12' 4 . t2' __2-- SLC. C~E .CAratS j // ' ~C'~. ~ ~.6*._!~P..]-.VALLEY CIJ[TERLIFT 2 0.7~' TYPE S-Ill AS~:HALT ' SI[ DA~N~ ANO ~A01NG PLANS r~ C[N~RLIN[ [L[VAnONS TYPZCAL ~[NOR COLLECTOR ROAD SECT]ON NOT TO SCAL[ .,.SLC~' vAmf S / 5' LIFT 1 0 75' T~ VALL[Y curTER LIFT 2 075' ~2' STABILIZED SUBCR~O[ ~A~TY S[~R ' SEE ~X'¢~G AND ~DLNG PLANS r~ CCN~RLBN[ [LEVA~S TYPICAL MINOR COLLECTOR ROAD SECTION -- _'0' ur~L. £SM? .......... .... ~:)' RI,~HT Or WAY SEED & UULCH J 6' / ~ 2'S B L IlO SUg~ADC (UlNLBR 40) I ~R~ICArI~ ~A~N rORC[ MAIN ~ WATER MAiN ~PICAL ROAD SECTION INTERNAL TO RESIDENTIAl. TRACTS (~ 0 Z 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. 98-115 Which was adopted by the Board of County Commissioners on the 15th day of December, 1998, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 21st day of December, 1998. DWIGHT E. BROCK Clerk of Courts and ~lerk · Ex-officio to Board""of County Commissioner~ By: Naples DaiLy Hews Naples, FL 34102 Affidavit of Publication Naples Daily News BOARD OF COUNTY COMMISSIONERS ATTN: MIATTA SIRLEAF PO BOX 413016 NAPLES FL 34101-3016 REFERENCE: 001230 1011636106491 57792032 VAC-98-023 NOTICE OF State of Florida County of Collier Before the undersigned authority, personally appeared John Taylor, who on oath says that he serves as Assistant Controller of the Naples Dail] 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 Hews 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 I 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 coporation any discount, rebate, commission or refund for the purpose of securing this advertisement for p~Jblicati~ in the said newspaper. PUBLISHED ON: 11/29 12/06 AD SPACE: 94.000 INCH FILED ON' ,' 12/07/9s ......... ~ ..................................... +-+ ........................... S.rn to a~ Subscrib~ ~re me this ~?_ day of ~9~' VAC I'IOTICE 0F PUBLIC HEADING Notice M~ herebt given that the Roord of County Commlssl~rs of Collier C~n~, will hold o hearing on TU~5OAY, ........................... DECRieR ~5, lW~, In the Boardroom 3rd Floor AdmlnlCroflon Bu Id ng, C~I er Cou~ Government Cen~e~ 3301 East Tornlomt Troll, Nooles, Florid,a, Tt~e meeting will begin at 9:00 The Board will consid- er Petition No. VAC-- 9~.023 to v~e a ~- t ~ at o ~erwav ~lo- cent fo Io~ 12, t3, 17, 18 and 19, occor~n~ to ~e ~ ¢,f "Palm River e os receded In PI~ ~ 3 Page 27 P~I c Rec~ds o~ C~ er C~n~, FI~I~ L~ed In ~cflon ~2, Town~l~ 48 ~, a~ 25 E~t. NQTE: All per~on~ wlshtng to ~e~ on any agen~ Item nlu~f regis- ~er with ~e C~Jnfy mtnlMrotor PRIOR ~ {~ Hem to be i~lvt~l ~er5 will be limited to 5 mlm~e& ~ any item, The tl~ of on Individual to ~peok on ~holf al on ~. ~nlz~lon ~ ~ouP 15 en- couraged. If rec~nlzed by the Chairman, a spokesperson for o group or ~ganlzatlon mov ~ olloMed 10 min. , ~e$ to sp~k ~ on Hem. Persons wishing fo B~d ogen~ ~ckets must s~mH sold ~erl- al a minimum of ~ w~k~ prat lo ~e public hearing. In Intended to ~ c~sld- ered by ~e ~d ~11 minimum of ~v~ ~s gi~ fo the put,ftc h~. . All m~e~lol used In d will ~C~le O ~ ~ Oi ~e re. the O~d will ~d o re, c~ of ~e pr~e~l~ lnl~ ~e~, ensure ~ o versa rec~ of the pr~eed- I~s Is ~e which cord ncludes the te&fimony and evidence u~ which ~e o~l Io be ~sed. BOARO OF COUNTY COmmISSIONERS COLLIER COUNTY, FLORIDA BARBARA B. RERRY, CHAIRMAN OWIGHT E, BROCK, CLERK By:/s/Lisa Steele, De~ Clerk NO. 1314449 COLLIER COUNTY FLORIDA ' REQUEST FOR LEGAL ADVERTISING OF PUBLIC tIEARINGS To: Clerk to the Board: Please place the following as XXX Normal legal :\dvcmsement [] Other: ~ l)isplay Adv.. loc&trna, etc. ) ~ )rt~mam~g Dcpff Div: nn ~ ~ Person: Rkk Grigg ~,c~Z [)ate: 11-1~-9~ Pctmon No ~lt' none, ~vc brief description): VAC 98-023 (I~UI}LIi'I~EE I IO'~I. ) Pctmoncr: iNane & Ad.ess): GUEST SER~CES, ~C, 3055 PROSPER~Y A~ F~, ~G~ 22031 N:unc & Ad.ess of any ~rsonis) to ~ notified by Clerk's Office: (If mom space ~s needed, attach scpluatc I~ JEFF I)A~DSON, PE. DA~SON ENGINEERING 2 ~ SEE I.iST OF AIR~I'HNG PROPERTY O~ERS. 2009 TRADE CI~N'I'EI~ WAY NAI'I.ES. I:I.. 341I)9 (A(.JliN"I', Itc&ring before XXX BCC BZA Other'~ l{cquested [{eanng date: DECEMBER' ,':I-99'C Nc,,~spaperls) to be used: (Complete only if important): XbLX Naples Daily News Other' XXX I.cgally Required Proposed Text: (Include legal description & common location & Size: PETITION VAC 98-023 TO VACATE tx. PORI'ION OF A \VATERWAY ADJACENT TO LOTS 12, 13, 17, 18 AND 19. ACCORDING TO TIlE PLAT OF "PALM RIVER SHORES", AS RECORDED IN PLAT BOOK 3, PAGE 27. PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA, LOCATED IN SECTION 22, TOW'NSIIIP 48 SOUTII. RANGE 25 EAST. ('amp&moa petition(s), if any & proposed hCanng date: Docs Petition Fcc include advertising cost'/XXX Yes [] No If Yes, what account should be chark2cd lbr advcrus,ng cost~ 101-163610-649100 Rcvic'.,. cd by: Div~stt(n i lead Date - Approved bx': Count5' ^dmuustrator Date I :st .,\:tt,chmcnts: I) RESOI.U'IION WFI'lt LEGAl. I)ESCRIP'IqON OF WA'II!RWAY VACATION 2) LIST OF .,\BU-I'I'R~G PROPERTY OWNERS DISTRIBUTION INSTRUCTIONS A. For he,,rings before BCC or BZA: Initi~tlng person to complete one copy and obtain DMsion tlead approval before submitting to County Manager. Note: If legal document is Involved, be sure that -,nv necessary, legal res'iow, or request for same, Is submllted to County Attorney before submitting ~o County M'anager. The Manager's office will distribute copies: XXX County blah&get agenda file: XXX Requesting DMsion XXX Original to Clerk's Office i3 Other heanngs: £nitiating Division head to approve and submit original to Clerk's Office. retaining a copy tbr file FOR CLERK'S OFFICE USE ONLy:/ /" ' '~' ~///~')c~ ~ Date Received: .//i? .2/.9~ff' Date of Public hCanng:, '/, ')q'.. ',gl' [,ate Aa,'¢rUscd: PAM PERRELL NAPLES DATT.¥ b[F, Wfi 263-4703 ~.~c'~ -c · l~Cl~: LISA STEELE ~C~: COr.r.'n~ COIIN'I~ COu~'J.'~iOUSE (94', ~ 7;74-84os (941) 774-8406 Dwight E. Brock Clerk County of Collier CLERK OF THE CIRCUIT COURT COILIE~ COUN'[Y COUI~THOUSE PO. BOX 413044 NAPLES. FLORIDA 3410 I~ C~RCUI! COUR~ COUNTY COURT COUNIY RECORDEP CLERK BOARD OF COUNTY COMMISSIONERS November 23, 1998 Re: Notice of Public Hearing'to Consider Petition VAC-98-023 Doubletree Hotel Dear Property Owner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, December 15, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, November 29, 1998 and again on Sunday, December 6, 1998. If you should have any questions with regard to this petition, please contact Rick Grigg at 403-2462. You are invited to attend this public hearing. Very truly yours, DW Z G H~.~.~. ~BROCK, Lisa Steele, Deputy Clerk CLERK Enclosure OTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on ~3ESDAY, DEC~'iMBER ]5, 1998, in the Boardroom, 3rd Floor, Administration Buildinc~, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition VAC-98-023,to vacate a portion of a waterway adjacent to lots 12,13,17,18 and 19, according to the pla~ of "Palm River Shores" as recorded in Plat Book 3, Page 27, Public Records of Collier County, Florida, Located in Section 22, '?ownsh[!~ South, Range 25 East. NOTE: All persons wishing to speak on any agenda item m~;st ref!i:~t,}r with the County administrator prior to presentation of the agenda i:,?m to be addressed. Individual speakers will be limited to 5 minutes ~-,n any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, spokesperson for a group or organization may be allotted lO minute~ 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 materiai:~ intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior ~o the publi~' hearing. Al! 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 ensure that a verbatim record of the proceedings is made, which includes the testimony and evidence upon which the appeal i.~.~ BOARD OF COUNTY CONLMISSIONERS COLLIER COUNTY, FLORIDA BARBARA B. BERRY, Ct{AIRMAN DWIGHT E. BROCK, CLERK By: /s/Lisa Steele Deputy Clerk (SEAL) November 23, 1998 Ms. Pam Perrell Naples Daily News 1075 Central Avenue Naples, Florida 33940 Re: Not£ce of Public Hearing to consider Petition VAC-98-023 Doubletree Hotel Dear Pam: Please advertise the above referenced notice one time on Sunday, November 29, 1998, and again, on Sunday, December 6, 1998. Kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Lisa Steele Deputy Clerk Acct. 0101-163610-649100 November 23, 1998 Re: Notice of Public }{earing to Consider Petition VAC-98-02~ Doubletree Hotel Dear Property Owner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, December 15, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, November 29, 1998 and again on Sunday, December 6, 1998. If you should have any questions with regard to this petition, please contact Rick Grigg at 403-2462. You are invited to attend this public hearing. Very truly yours, DWIGHT E. BROCK, CI,ERK Lisa Steele, Deputy Clerk Enclosure November 23, 1998 Guest Services, Inc. 3055 Prosperity Avenue Fairfaz, Va 22031 Re: Notice of Public Hearing to consider Petition VAC-98-023 Doub' ~ ±e~ree Hotel Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, December 15, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, November 29, 1998, and again on Sunday, December 6, 1998. You are invited to attend this public hearing. Sincerely, Lisa Steele, Deputy Clerk Enclosure 12C9, November 23, 1998 Jeff Davidson, P.E. Davidson Engineering 2009 Trade Center Way Naples, FL 34109 Re: Notice of Public Hearing to consider Petition VAC-98-023 Doubletree Hotel Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, December 15, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, November 29, 1998, and again on Sunday, December 6, 1998. You are invited to attend this public hearing. Sincerely, Lisa Steele, Deputy Clerk Enclosure RESOI,I;T1ON NO. 98- RESOLUTION FOR PETITION VAC q8-023 TO VACATE :\ PORTION OF :\ \V:\TER\VAY ADJACENT TO LOTS 12. 13. 17. 18 AND Iq. ACCORDING 'FO TIlE PL,VF OF "PAI,M RIVER SliORES". :kS RECORDED IN PI,A'F BOOK 3. PAGE 27. PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. LOCATED IN SECTION 22. TO\VNSttlP 48 SOUTII. RANGE 25 EAST. \VttEREAS. pursuant to Section 177.101. Florida Statutes. Jell' Davidson. P E. as agent for Ihe petitioner. Guest Services [nc,.. docs hereby request Ibc xacamm of a pomon ot'a \\'atcmav adlaccnt to l.ots 12. 13. 17. 18 and 1'}. according to thc plat of"Pahn Ri\ct Shores". as recorded m Plat book 3. I'agc 27. Pubhc Records of ('oilier County. Florida. located m Section 22. Township 48 South. Range 25 East: and WItER[..'..\S. thc Board has this cia.,,' held a public hearing to consider vacating smd port,on of \Vatcmay. as more fi. dlv described bclmv. ,'md notice of said public hearing to vacate v. as glvcn as rcqmrcd by la~: and WI t ER EAS. thc granting of thc vacation x;-ill not adversely affect thc ovmcrship or right of con,.cn,cnt access of other property ou. ncrs. NOW. THEREFORE, BE IT RESOLVED BY TIlE BOARD OF COUNT'Y COMMISSIONERS OF COLLIER COUNTY. FLORIDA. lhat thc follov;ing bc and is hcrcbv vacated: Sec Exhibit "A" attached hereto and incorporated hcrcm BE IT FURTIIER RESOLVED. that thc Clerk to thc Board is hereby directed to record a ccruficd cop.',' of this Resolution in thc Public Records of Collier County. Florida. and to make proper notatmn of flus vacanon on thc recorded plat as referenced above. 'Dfis Resolution adopted after motion, second and majority vote thvoring samc. DATED A'I'FEST DW[GtlT I!. BROCK. Clerk Approved as to tbrm and legal sufficiency: Hcidi F. Ashto~ Assistant County :\ttorncy BOARD OF COUNTY COMMISSIONF. RS COLLIER COUNI'f. FI.ORIDA BY: BARBARA B. BERRY. Chairman 12C , MITCHELL B. THOMPSON, P. A. LAND SURVEYORS. PLANNERS. ENVIRONMENTAL CONSULTANTS 2FM5 1 s~ SI. N,W NAPLES. FLORiOA. 3.~t120 Telephone i941 ~ '"A24~O77 F~x (9.a. 1 ) 352.a3~ Legal Description Description of part of waterway as sho~vn on the Plat of Palm River Shores. Plat Book 3. page 27. Collier County, Horida Sh~ I of 2 VAC 98-023 Ail that part of waterxvay as shown on the Plat of Palm River Shores. Plat Book 3. page 27. Collier County, Florida. being more particular .iy described as follows: Beginning at the Northeast corner of Lot 19, as shown on the above mentioned Plat: Thence along the North line of lots 19 and 18 South 88°-59'- 30" West 110.00 Feet: Thence North 01°-00'-30'. West 40.00 Feet along the East line of Lots 18 and 17: Thence North 86°-03'-30" East 110.14 Feet along the South Line of Lots 13 and 12: Thence leaving said South line and across said waterway South 01°-00'-30'' East 45.64 Feet to the POINT OF BEGINNING of the parcel herein described: containing 4710. square feet more or less: Subject to easements and restrictions of record; bearings are assumed and based on the Northerly line of Lot 19 as being South 88°-59'-30'' West. By MITCI-[ELL B. THOMPSON , P.L.S. # 4957 Not valid unless embossed with the Professional's seal !3 [7 EDGE Z? BA~~ / N.86'OTgO'E. CANAL~- watenvay- 18 N.88 ~. 30 E. 210,00' S.88'55'30'V, VAC 9~-023 POINT OF ~EGINNING N.ORTHEAST CORNER LOT 19 PALM RIVER ESTATES PLAT ]]00K 3, PAGE 27. SURVEYOR'S NOTES ~ ~o ~t ~u~ 0 7 i O~w ~ ~ ~ end d~ ~. ~A~[C SCALE 5. p m p~ ~ . W~ C ~ ~ r = ~ N,~. m Not Ro4~, D.~ = ~NA~ ~8, - ~t~ ~ash (Inlet). ~H. -- ~t~ ~ * NOT i SURLY 0A~' Ofi/2B/9B '~ ~ N ~ / ~ C~e~O~ In Pl~t Book 3. ~ 27 S' [ ' [~ ~20' ' I of ~a nuhile recnrd, of Collie Cnuntv ~oddo k ~~ ' I~C~:o~'~ ~' '"~ - ~ ,~, ' ' H~ NO. : Patricia Bell. TR 2380 Vicloria Pkwy Hudson. O}1 44236 Palm River Shores I.ot 52 Stephen N. Boling 183 Cocohatchce St Naples. FL 341 I 0 Palm River Shores Lot 58 Collier Development Corp. 3003 'l'amiami l'rail N. Naples. FI. 34103 S22.T48S. R25E.PARCEL I Mark A. Dobbratz 193 Cocohatchee SI Naples. Ft. 341 I0 Palm River Shores Lot 60 Steve & Andrea Ellis 1775 Goldm (;ate Bird Naples. Fl. 34120 Palm River Shores l.ot 27 Francis and Brenda llamilton 187 Cocohatchee SL Naples. FL 341 I 0 Palm River Shores I.ot 50 Connie Jean 12m-am 157 Cocohatchee St Naples, Fl. 34110 Palm River Shores Lot 54 Steven B, [verson 24 River Ct. Naples. FI. 34110 Palm RiverShoresLot 28 }3errv and Janet Kerr 8224' War Horse ()rangevale. CA 95662 S2 I.T48S.R25E. PARCEL 2 James A. Keyser 12300 Tarnianfi Tr N Naples. FL 341 I 0 S22.T48S.R25E. PARCEL 2 Terri L.'mn King 1765 tlarbor l.n Naples, FL 34104 Palm River Shores l.ot 20 James and Brenda Merlz I I 7 Cocohatchec Naples, Fl. 341 I 0 Palm River Shores Lot 49 AKB I.TD 2247 Imperial Golf Course Bird Naples. FL 341 I 0 Palm River Shores l.ot 32-36 Rice V, and Sue A, Morris 171 Cocohatchee St Naples, FL 341 I0 Palm River Shores t. ot 56 -- 12CA : Bruce and Ranae Palt;endorf 165 Ctx:ohatchee St Naples. FL 34110 Palm River Shores Lot 55 BarN~ra Paris 452 SeaN.'e Ave Naples. FL .34108 Palm River Shores Lot $1 Sheny L. Rex 692 102nd Ave. N. Naples. FL 34108 Palm River Shores l,ot 23 Richard A. Sena 47 River Ct. Naples, FI, 341 I0 Palm River Shores l,ot 21 Ed & MargcD' Strtx:kcr 54 River Ct. Naples. FI. 341 I0 Palm River Shores I.o! 26 Richard L. itoffer. Christine Sue 88 River Ct. Naples, FL 34110 Palm River Shores Lot 24 Anthony& Tam Tran 7200 Bolling~.~' Rd.. Apt. 201 San Jose. CA 95129-2703 Palm River Shores Lot 25 Ernest C. Vann. Rebecca Wallace 227 C?press Way Naph.'.s. FL 341 I 0 Palm River Shores I,ot 22 Marilynn Wittenberg, TR 2791 Ardisia Ln Naples, FL 34109 Palm River Shores Lot 29 Gar-,, D. Wittenberg. I"R 2791 Ardisia Naples. FI. 34109 Palm River Shorts Lot 39 Anna White Gr/tten. TR Ralph Gritten, TR 792 110'a Av. N. Naples, Fl 34108 Palm river Shores Lot 57 l _C Z RESOLUTION NO. 98- 502 RESOI,UTION FOR PETITION VAC t)8-023 TO VACATE A PORTION OF A \VATER\VAY ADJACENT TO LOTS 12, 13. 17, 18 AND 19, AC('ORDING TO TIlE Iq.AT OF "PAI,M RIVER SItORES". AS RECORDL~D IN PLAT BOOK 3. PAGE 27. PUIILI(7 RF. CORDS OF COI,t,IER COUN'i~'. FI,ORIDA. I,OCATF. I) IN SF, CI'ION 22. TO\VNSHIP 4~ SOUTH, RANGE 25 EAST. \VIIliREAS. pursuant m Section 177~101, Florida Slatutcs. Jeff'l)avidson. P.l{. as agent for thc petitioner. Gucsl Services [nc... docs hcrcb.~ rcqucs~ Iht vacation of a portion ot'a ¥,'alcr~w,i} adl:l, ccnl lo l.ots 12. 13. 17. 18 and Ig. according to thc plat of"Pahn River Shores". as recorded m Plal hook 3. l)a~c 27. Public Records of ("oilier ('ounty. Florida, located ill Section 22, 'l'oxu~ship 4~ South. Range 25 East. and \VitliRI~:\S, tile Board has chis da.'.' hcld a pi,bile hcarinB Io considcr xacatin~ said I)ort.m of ~,Vmcn~a}. as more fully described below, and notice &said public hcari,lg to vacate was ~ivcn as required bx la~ and WI IEREAS. tile granting &the vacation will not adversely affect thc ov. ncrship or right of convenient access of'other property owners. NO\V. 'FIIEREFORE, BE IT RESOLVED BY TIlE BOARD OF COUNTY COMMISSIONERS OF COI.I.IER ('OUNTY. Ft. ORIDA. that thc follou, mg be and is hereby vacated: Sec Exhibit "A" altached hereto and incorporated hcrcm BI! IT FURTIIER RESOLVED. that thc Clerk to thc Board is hereby directed to record a certified copy of this Resolution m thc Public Records of Collier Cou,~ty. Florida. and to make proper notation of tills ~ acation on thc recorded plat as referenced above This Resolution adopted after motion, second and majority vote favoring same, BOARI) OF COUNI'Y ('OMMISSIONI£RS COLI.IER COUNTY. FI.ORII)A BAR'I~RA tl-BF..RRY.-"Chair~n ~ 2409396 OR: 2492 ?G: 2172 RSCORDSD in !2/17/98 a: O~:~A~ ].00 CU~ tO t~i BO~D I~TIR0~HC! lt~ ~00~ ~I? ?240 OR: 2492 PG: MITC_H_E .L .B. THOMPSON, P. A. LAND SURVEYORS. PLANNERS. ENVIRONMENTAL CONSULTANTS 255 1st StN.W NAPLES. FLORIDA, 34120 Fax (94~) 352-8078 2173 2C Legal Description Description of pan of waterway as shown on the Plat of Palm River Shores, Plat Book 3, page 27, Collier County, Florida Efluln! ".V' Sh~! I o1' 2 VAC 98-023 All fl~at part of waterway as shown on the Plat of Palm River Shores, Plat Book 3, page 27. Collier County, Florida, being more particularly described as follows: Be~nning at the Northeast comer of Lot 19, as shown on the above mentioned Plat: Thence along the North line oflots 19 and 18 South 88°-59'. 30" West 110.00 Feet: Thence North 01°-00'-30'' West 40.00 Feet along the East line of Lots 18 and 17; Thence North 86°-03'-30" East 110.14 Feet along the South Line of Lots 13 and 12: Thence leaving said South line and across said waterway South 01°-00'-30'' East 45.64 Feet to the POINT OF BEGINNING of the parcel herein described: containing 4710. square feet more or less; Subject to easements and restrictions of record: bearings are assumed and based on the Northerly line of Lot 19 as being South 88°-59'-30'' West. By /'~~~-- ~ MITCHELL B. THOMPSON, P.L.S. # 405? Not valid unless embossed with the Professional's seal. *** OR: 2492 PG: 2174 *** 17 18 ~] EDGE OF BAN~JI--~- / CANAL~- S.88'59'30'V, waterway -- [ ~,}ubH "\" %heel : ,,I : II0,00' / H.88 ~, 30 E. 2t0.00' POINT OF BEGINNING N.ORTHEAST CORNER L~T 19 ~ PALM RIVER EST^TES ~ PLAT BOI]K 3, PAGE 27 . LOT 20 SURVEYOR'S NOTES I. B~,m'inqe ~ ~ ~.~ the Rf~ht-of-W, ay Ihe of U.S. 4; ~ e~ ~e ~ot ~uee. O 7 1 O~mJ~j ~ h f~t and d~a~ ~f. 5. P - m~ U - U~. C - C~ F - R~ N.R. m Not Rad~, O.~ ~ ~NNA~ ~T 6. ~. - ~t 5/g' Ir~ 2h ~ ~ ~t~ M.8.[ 4057. 24' I~ 7. D~t~s (If ~y) o~ ~ ~ Na~ ~UC V~cal ~m. ~8. - ,~t~ ~o~ (Inlet). M.H. -- ~lt~ ~m * NOT DRAWN BY : S.LB. CH£OKED BY: M.B.T. DATE : 08/28/98 REi. D 800< ~ G~APHIC SCAL£ n~,: DAVLDSON ENGINEERING A portfon of Palm River Eatatee os recorded In Plot Rook .3, e 27 SCALE : 1 INCH - 30 FliT RtE NO. : Ilaples Daily News Naples, FL 34102 Affidavit of Publication Naples Daily News BC)ARO OF COUNTY C~MISSIONERS ATTH: HIATTA SIRLEAF PO BOX ~13016 NAPLES FL 34101-3016 REFERENCE: 001230 #912501 57776187 91-102/PUD-98-13 NOT 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 zt the post office in Naples, in said Collier County, Florida, for a period of I 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 coporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 11/08 AD SPACE: 155.0(X] INCH FILED ON: 11/09/98 Signature of Affiant ~worn to and Subscribed bef.~e me this ..'~)day of, /~J I Personally known by meC ' wishing lo %oea~ on o~v ndo item must re~l&. ~' with ~e CountV ~. mlnl~trofor PRIOR to present,Ion ~ the ~n- do item to be oddresse(l. I~ivlduOI ~peokers will I~ limited lo 5 mlnute~ on (~ly If~m. The ~electlon of an indi,,Idual fO ~)eok on J~hall Of Off ~nl:otlon m' or.JR IS encour~ed. If le(oQnize{l bY the Choir. mot1, O ~oke~)e,~on f~ O ~OUp O~ ~nlzotlon ~y ~ ollofled 10 min. ufe~ ~ ~oeok on on Item. Per~on$ wishing to h~e ~lffen ~ ~oph c n~erlol~ i~luded In BooId Oge nd~ pock et5 prlo~ lO fha r~5~eCtive p~lblic heoring. In ee~ed fo ~ by the B~r~ S~II ~ Sub. j m~ ~ the O~rl~e C~M~ ~taff O minimum Of ~even ~V~ pri~ to ~e ~11~ ~1~, All m~erl. ol u~ed In present~t~ ~f~e ~e ~d will ~. c~e ~ per~nenl ~ of ~e rec~ Any Per~n ~ho es to ~ea~ a decJsl~ of the B~d will need a re- c~d of the pr~eedl~s p~tolnln~ thereto Grid ~erefmez ~y ~ed to e~e ~ a v~m raced of fha ~e~lngs is ~e, which raced In. ¢lu~s ~e festl~y ond evlde~e ~ which the Ae~l IS ~5ed. RD Or COUNTY ~O~tS51ONEP 5 COLLIER COUNTY, FLORIDA aARBARA B, BERRY, CLERK N~e2~b~r 8 ~. 1~731 9 t · 102, PUD.98.1 ] NOTICE OF INTENT TO CONSK')ER Ore[)~tlANCE thor OI1 TU[SOAy, ~OVEMI3E~ 24, 1~8 the R~r~m. 3~d Collier Counlv ~ove~ n~ ment Ce~ller, 3301 EO~I T~mloml T~oll ~ r Ior Iclo, the ~omd County Commiss Oner~ menf of o COU~lf~ The titleof of ~e pr~ ~ed Ordl~nce Is o~ f~. AN ORDI~JANCE A~ENDI~G NANCE tlUMBEp g .102 T~i~ VEL OP~EtiT CO[)E WHICH INCLUDES COMPREHENSIVE ZONING PEGUL. A. TIONS FO~ THJ'. UNIN. CO~DORATED AREA OF COLLIE~ COUNTY, FLORIDA BY I"IC, THE OFFICIAL ZONtNO ATLAS MAP NUA/,BER 8521tJ ArID 8571S BY CHANGmFIG THE ZONING CATION OF THE HERE. I~ DESCRIBED REAL P~OPERTY FRO~ "A" RURAL AGRICULTURE TO "PUD" AHD "PUD" TO "PUD" U~JIT DE VELOP,ME NT KNOWN AS COLLIER TRACT 21, FOMERLY l/t flCHWfly PUD, A GOLF COURSE AND ACCESSORy A~IO INCI- DENTAL FACILITIES I~ICLUDINO A CLUB. HOU~ ~0 SQUARE FE~T 'O~' C.~ CO~- MERCIflL U~S AND, OR A HOTEL ON ~ROP- ERTY LOCATED TWEEN U.S,41 O~1 THE ~AST AND VAND~R. BILT DRIVE ON THE WEST, LYING NORTH OF 111TH AVE~IUE AND ~UTH OF THE C~OHATCHEE RIVER, Itl S~CTIO~I 21 TOwtJ. 25 EAST, COLL. ~P COUNT ~ F[.OPlDA CONS~STm~O Or ~ ACP~S: PPOVI[~ ~1(~, 90,45; AND BY PROVID- ING AN El FECTIv/ DATE. P etition No. PUD-ga-]3. R. CO er ~vel~menf AgriCulture to "PUD" ~d "PUD" to "PU~" Pl~ned Unit Derailment fo be k~wn ~ ~olller Trot ~1, f~merlv Beochwov PtlO. C~les ol ~he Ordinance ~e ~ file with ~e Cle[k fo the B~ d and me article f~ lion. All Interested be he~d, COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC ilEARINGS To: ('h'rk t{} the Board: i 2L: XXX Norll,al Ic~al Advcrlisemen! PClilion ~'o II f none. ~ivc brief dcscriplmn}: PUD.'~X- 1 ~ Petitioner: IN;talc & Addrcssl: Collier l)cvclopmcnt Corporation, .'~0¢)3 Norlh Tamiami Trail, Suile 41~1}, N;!ples, FI. 111l)3 Name & ,\ddrcss orany person[s) to be notified by Clerk's Office: (If more space is needed, attach scparalc sheet) R. Bn~ce ,\ndcrson~ Young, ,,':m Asscndcrp & Varnadoe, PiA., 81~1 Laurel Oak Drive, .S,,il¢ .3¢10, Naples, FL 3411)8 Hearing before XXX BCC BZA Other Rcqucslcd l tcari~g dale:_ . B;,scd on adx'crlisclncnl ;lppcaring 15 days Ix:fore he:rang h'c'.vstx¢crls) ~o bc used: (Complete only if imp<)rlanl): XXX N;iptcs [);~ilv Ncv.'s Other [] Legally Required Proposed Tcxl: t lnclt,dc legal dcscriplion & colnn,on location & Size: Pelilion No. PUD-g8-13, R Bruce Anderson of Asscndcrp & V:m~:~doc, P.A, rcprcsc,m]g Collier Dcvclopmenl Cor~ralion, requesting a. rezone From "A" Rural Agricuhurc "PUD" and "PUD" IO "PUD Planned Unit Developmenl Io ~ known as Collier Tracl 21, formerk' Bcach-'aW PUD, for a golf coum- ;~nd ncccsson' and incidental facilities inchlding a clubhouse, 50,000 square feel orC-3 commcrci{d uses an~or a hotel on pro~m' I~atcd ~twccn [J.S. 41 on the east and Vande~ilt Drive on thc west, Mng no~h oF I I Ith Avenue and so:~th of thc C~ohalche~. River, m Section 2 I, Township 48 South, Range 25 East, Collier County, FIo~da, consisting of 26744 plus or minus acres Companion ~tition(s). ifanv & pro~d heating date: D~s Pclition Fcc include advertising cost'? ~s ~ No IFYcs. what account should be charucd for ;Idvcmsing costs: I 3-138~12-649110 Rcvic,-cd by: ~ O~ D ( / , Approved by: / Difision Itead Date Counly Manager Dale List :\Il;lc Jmlellls: DISTRIBIITION INSTRIICTIONS For hca,-in~s I}cfore BCC or ilTA: Initi:,ting ller.xon tn complete I}ne coy and i}lil.'lin l)i','i..,;i~m Ilead ;ll}l}nr,.al befi~rc suhmitlin~ Ill Counly Ma,:t~cr. Si}lc: If legal document is ilmflred, he sure thai ;tin' llrccsx~ir)' I¢~il rcvic~, ~r request f.r same. is submitted to Cmml)' Atlor, rv hdorr suhmiltin~ lo Counlv Manager. TI~c Manli~er's office ~ill distribute copies: ' · [] Counly M;in:lger :,genthl flit': Clerk'.~ Office [] Origin:mi B Other hearings: Initiating DMslort head Io approve and submit origin:il lo Clerk's Office. retaining a cop.,,' for file FOR CI.ERK'S OFFICE IISE ONIX: Date Rcccix'cd:?/j;// , Dale of Public hearmt;:///9.¢//: Date Advert,sod: ,' (J. naludJ.n~ ~:h:Ls cove~:) ilililililililiilililililililliillillllilillillilililililliilii FROH~ --_______~ Ho~ -.~.~Es ~ uco~s~~__L- LOCATION~ Collier County Courthouse ',,' PHOHB'NO~ (813) 774-8406 11,'17,'98 I1:32 FAI 911613696~ ___..~LLI£R CO C0~L'NITY DE%' ~OOl.O0. CO].LIER COUNTY GOVEPuNMENT CO.',I.MUNITY DEVEL DPMENT .IZOD ENn.'IKON.MENTAL SI:RVICES DIVISION 2800 NORTH }{ORSESIIOE DRIVF NAPLES FLORIDA 34104 (9411 g4'.~-3266 or (941) 643-6968 CITY, STATE TOTAL PA~E~ IN2LUDIN~ COVER SHEET: SPECIAL I-NSTRU.'TION t Braiding Rex-Jew & Permsttmg '941) 403-2400 Natural Resotarces Code E=J'orcement '9411 403-2440 ~l~mng Semces Housm~ & Urb~ Improvement 941) 403-2330 Pollution Control [941) 732-2505 19411 403-2300 ~941~ 732.2502 11-'17:95 11:52 FAX 94154~6~$8 ~.O.J. LIER ¢0 COX~UNITY DEV YOUN,3, VAN J~$$ENDERP ~c V&RNADOE, ATTORNLT$ &f L~W Naples November 1:3, 199g Bob Fern~z~lez, Coanty M mage~ Collier County Govcmmm,t Complex Admln~-~rafion Building 3301 Taz~Jami Trail East Naples, Fl 341 ]2 POSt O~r,C[ Box [tttCO~c~ (850) ~l-~J4 DO~ Orr)cc ~0~ 7~7 Tctrco-,t~ (941) 597 · lOGO RE: Petition No. PUD-!'8-I 3 Collier Tract 21 Dcm- Mr. Fernandez: This letter is to request th;Lt thc above referenced PUD Amcndmcnt Application which h~s been advertised for comsidcratioa by the~issioners at 24, 1998, be continued to ,hc I~mber g. 199~') their hem"ing on November Aa you probably understan :1, this petition is, in effect, a downzoning of thc c~stiag Bcachway PUD. which would eliminate the currently allowed 800 units ~ substitute a golf course ~nd 3.4 acres of commercial. However, d is rezoning will not be able to go forwmd un/ess we Fred a source for irrigation water. Currentl2' we ate working with the PuNic Works Division in an effort to incre~e the effi~nt ~upply in ord¢r to provide irrigatioo water to this project. Until and tmless we are able to _come. to ?gme agreemet:t wi.th the Public Work~,Division reg~ding this matter, we will be unable to go:fo~,~rd ~4m ~s de~5.or~:' ' ' ' ..... ' /fyou have any qucstiorzs, plca~c do not hesitate to cont~gt me. Unless I heal ~om your office to the contrary on or before Wed. ~esday, N.ovember 1 g, 1998, I will assume this hcm'ing h~ been continued a~ requited. Thank you 'or your cooperation in this mam:r. Sincerely youxs. George L. V~oe F-~U'C£1Cgq-&NA~WpI'~Ec'rIoN.21 fcm~m~.~ lb 11 i191 v,1)d [martin c 'From: ~ino r Sent: Monday, November 16. 1998 12:54 PM To: pedone_b Cc: johnson_c; marlin_c Subject: PUD-98-13 Collier Tract 21 Please be advised we have had to continue this petition from Nov. 24 to DeC;'i~i October 30, 1998 Ms. Joyce Blazier Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to Consider Petition PUD-98-13 Dear Joyce: Please advertise the above referenced notice one time on Sunday, November 8, 1998, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ellie Hoffman, Deputy Clerk Purchase Order No. 912501 October 30, 1998 Collier Development Corporation 3003 North Tamiami Trail, Suite 400 Naples, FL 34103 Re: Notice of Public Hearing to Consider Petition PUD-98-13 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, November 24, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, November 8, 1998. You are invited to attend this public hearing. Sincerely, E!lie Hoffman, Deputy Clerk Enclosure 12C3 October 30, 1998 Mr. R. Bruce Anderson Young, van Assenderp & Varnadoe, P.A. 801 Laurel Oak Drive, Suite 300 Naples, FL 34108 Re: Notice of Public Hearing to Consider Petition PUD-98-13 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, November 24, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, November 8, 1998. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, NOVEMBER 24, 1.998, 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: ;~4 ORDINANCE AMENDING ORD.[NANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, ~LORiI)A BY A~,~ENDING THE OFFICIAL ZONING ATLAS MAP NUMBER ~521N AND ~52i~ CHANGING THE ZONING CLASSIFICATION OF T}{E HEREIN DESCRIBED REA[, PROPERTY FROM "A" RURAL AGRICULTURE TO "PUD" AND "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNO%FN AS COLLIER TRACT 21, FOR~,~ERLY BEAC}{WAY PUD, FOR A GOLF COURSE AND ACCESSORY AN[) INCIDENTAL FACILITIES INCLUDING A CLUBHOUSE, 50,000 SQUARE FEET OF C-3 CO~.~ERCIAL USES AND/OR A HOTEL ON PROPERTY LOCATED BETWEEN U.S. ON THE EAST AND VANDERBILT DRIVE ON THE WEST, LYING NORTH OF l llTH AVENUE AND SOUTH OF THE COCOHATCHEE RIVER, IN SECTION 21, 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 267.~14+ ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NU~{BER 90-45; AND BY PROVIDING AN EFFECTIVE DATE. Petition No. PUD-98-13, R. Bruce Anderson of Young, van Assenderp & Varnadoe, P.A., representing Collier Development Corporation, requesting a rezone from "A" Rural Agriculture to "PUD" and "PUD" to "PUD" Planned Unit Development to be known as Collier Tract 21 formerly Beachway PUD. 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 rec;ister with the County administrator prior to presentation of the agenda ~en~ 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, spokesperson for a group or organization may be allotted 10 minu~es 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 week:~ prior ~o the respective public hearing. In any case, written mater]a!~i~ intended to be considered by the Board shall be submitted to the appropriate County s~aff 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. 12C 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 BARBARA B. BERRY, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Ellie Hoffman, Deputy Clerk (SEAL) ORDINANCE NO. 98- AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNI~;CORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 8521N AND 8521S; BY CHANGISG THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" RURAL AGRICULTURE TO "PUD" AND "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS COLLIER TP~ACT 21, FORMERLY BEACHWAY PUD, FOR A GOLF COURSE AND ACCESSORY AND INCIDENTAL FACILiTiES INCLUDING A CLUBHOUSE, 50,000 SQUARE FEET OF C-3 COMMERCIAL USES AND/OR A HOTEL ON PROPERTY LOCATED BETWEEN U.S. 41 ON THE EAST AND VANDERBILT DRIVE ON THE WEST, LYING NORTH OF 111TM AVENUE AND SOUTH OF THE COCO;{ATCHEE RIVER, SECTION 21, TOWNSHIP 48 SOUTH, ~ANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTI~;G OF 267.44~ ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE - ~;UMBER 90-45; AND BY PROVIDING A~I EFFECTIVE DATE. WHEREAS, R. Bruce Anderson of Young, van Assenderp & Varnadoe, P.A., representing Collier Development Corporation, 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 Co~nmissioners of Collier Count),, Florida: SECTION ONE: The zoning classification of the herein described real property located in Section 21, Township 48 South, Ranue 25 East, Collier County, Florida, is changed from "A" Rural Agriculture to "PUD" and "PUD" to "PUD" Planned Unit Development in accordance w~th the Collier Tract 11, formerly Beachway PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map Number 8521N and 8521S, as described in Ordinance Number 91-102, the COllier County Land Development Code, are hereby amended accordingly. SECTION TWO: Ordinance Number 90-45, known as Beachway adopted on June 5, i990 b,/ the Board of County Com~nissioners c~ Collier County, ~s herem./ repealed in its entirety. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners cf Ccllier County, Florida, this _.. day of i998. ' ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BARBARA B. BERRY, Chairman Approved as to Form and Legal Sufficiency Marjorie M. Student Assistant County Attorney ' COI.I.IER TRACT 21 A I'I.ANNED tlNI'I' I)F. VI!I.OI'MI:.NT PREPARI~I) YOUNG. VAN ASSENDF. I~I' & VARNAI)OI!. P.A. 801 LAUREl. OAK DRIVF., SUI'I'I~ 300 NAPLES. FLORIDA 34108 October 27. 1991t [)NFl'; FII.I!I): I)ATE RliVISF. I): DATE REVIEWED BY CCI)C: I)A'rF. AI)I)I;',OVFA) BY BCC: ORDINANCE NUMIW. R: NF,("I'I()N I ~I!('TI()NII SI~C'I'IONili SECTION IV SECTION V SECTI()N Vi TAI~,I,F, OF CONTENTS I'ROIqiRTY OWNI:.RS! lip AND I)I!SCRIP'I'I¢)N i'ROJI!CT I)i!VI':I,OPMI!NT RliQt II RI..'M I.,'Ni'S COMMERCIAl. GOI,F COURSE AND LAKES RESERVF. GENERAL DEVELOPMENT COMMI'FMENTS I':XI IIBIT "A" I'11I) MAS'I'IiR PI.AN SECTION I PROPEI,FI'Y OWNERS! lip AND DF. SCRIP'I'I()N 1.1 PURP()SI~ The purpose of this Section is to sci tbrlh tile location and ownership ol'lhe properly, and Io describe thc existing conditions of the property proposed to be developed under the project name of (;oilier Tract 21 Planned t Init l)cvelopment. 1.2 I.l!(i,,\l. I)l!S('ltllrl'l()N i'AI'ICEI., N(). I A I'ARCF,[. OF I,AND I,YING IN SFCTION 2 I, TOWNSillP 48 ,";()[H'I [. RAN(ii! 25 I!AST, COI.I,II..~R COIIN'I'Y. FI,ORII)A. SAIl) PARCEL OF LAND BF, ING M()Rli PARTICUI,ARI,Y DESCRIBED AS FOLLOWS: COMMENCING AT 'HIE SOUTHEAST CORNER OF SAID SECTION 2 !: TI IF, NCF. NOR'H! 89o50'30- WES'F ALONG TIIE SOU'FItERLY LINE OF TI IE SOt/TI lEAST QtlARTF. R fSI!I/4) OF SAID SF. CTION 21 FOR A DISTANCF. OF 995.63 I:li[~'I': TI II(N('E I.EAVING SAID SOUTIIERI.Y I.INE NORTll 00009'30'' EAST [:OR A DISTANCt.; ()F 100.00 FF.[:T TO AN IN'FERSECTION WITtl A I.INE 100.00 FEET NORTI tF. RI.Y ()F ANI) }'ARAI.I.EI. WITII Till'.' SAIl) SOU'HIERI.Y I.[NE OF TIlE SOU'FltEAST QII.,kRTIiR (SE 1/4) OF SECTION 21; TItENCE NORTII 89°50'30" WEST ALONG SAIl) PARAI.I.Iil. I.INE FOR A DISTANCE OF 401.04 FEET TO 'FIIE POINT OF BEGINNING ()F TI t IERE[N D[:'SCRIBED PARCEL NO. 1; TttENCE NORTIt 89°50'30'' WEST CONTINUING ALONG SAID PARAI.I.EI. IANE F()R A DISTANCE OF 1260.82 FEET TO AN INTERSECTION WITII A LINE 30.00 FI.:F.T EASTF. RI.Y ()F AND PARALLEL WITtt 'Fl IE F. ASTI:RLY I.[NF. ()F TI I[.: S()t I'l'l IWI.iST QtJARTER (NWl/4) OF SAID SI';C'HON 21; TI-tENCE N()RTII 01°32'23'' WEST AI.ONG SAII) PARALLF. I. LINF. FOR A I)ISTAN('F. ()F 440.86 FEF. T; TI IENCE I.EAVING SAID PARALLEL LINE SOUTIt 88°27'37" WEST FOR A DISTAN('F. OF 30.00 FEET TO AN INTERSECTION WITII TIlE SAID EASTERLY I,INF, OF TI IE SOUTt I WEST QUARTER (SWI/4) OF SECTION 21; THENCE NORTIt OI °32'23" WEST ALONG SAID EASTERI.Y I.INE FOR A I)ISTAN('Ii ()F 890.00 FEET; TItF. NCE LEAVING SAID EASTERLY LINE NORTH 89o51'48" WEST AI,ONG A I.INli PARALLEL WITIt TIlE SOUTHERLY LINE OF SAID SOUTItWEST QUARTIiR OF SECTION 21 FOR A I)ISTANCE OF 1350.98 FEET TO AN INTF. RSECTION WI'H! '1'111.~ I(ASI'F, R1,Y I,INI.~ ()F TI IF, WEST ONI.,'-I IAI,F (WI/2)()F '11 IE SAIl) N()t ITl IWI(S'I' QIIARTEI~ (SWI/4) ()F SI~C'I'ION 21' TIII.:N('I{N{)R'I'IIO1 ,~47 WI~STAi,()N(iSAIi)I{AS-i'I~RI.Yi.iNi{ o~, ,, 621.76 I:I~I~T TO AN INI I.RSI:C I ION WITII A I.INE 399.71 FI~ET N()R'I'III~RI,Y ()F ANI) PARALI,EI, WITli TItE SOU'FIIERLY I,INE OF TIlE NORTll ONE-IIAI,F (N I/2) ()1: TIII.~ SOU'I'II ONE-I IAI,F (S I/2) OF TI IE NORTI IWEST QUARTER (NW I/4) OF TI I1~ SOU'Ft IWEST QUARTER (SW 1/4) OF SAID SECTION 21: 'I'IIENCI~ SOUTII 8q°57'lY' WEST ALONG SAIl) I'ARAI,I,EL I,INE FOR A I)IS'I'AN('I~ (~1: 1504.52 FEET TO AN INTERSECTION WITIi A I,INE 50.00 FILET EASTI.~RI,Y ~)I.' ANI) I'ARAI,I,EI. WITIlTIIE WESTERI,Y I,INE OF SAIl) SECTION 21, SAIl) i,INE I~EIN~;'I/II: I~ASTERI,Y RI(;I FI'-OF-WAY I,INE OF COUNTY ROAI)C-qOI: TIII~NCE NORTtl 02°1Yl7" WEST AI,()N(i ~AII) RIGIIT-()F-WAY I.INI~ Iq)R A I)ISTANCE ()I: 1473.46 FI.~ET 'I'() AN IN'I'I.~RSI.]('TI()N WITII A I,INI.~ 17~2.4~ I:1.~1.~ I' 21' TI IENCE I,EAVING SAIl) I~AS'I'I~RI,Y RI(;I IT-()I.'-WAY 1,1NE N()R'I'II ~:~3)'~5" I.~.,~ I AI,~)NG SAID I'ARAI.I,I~I, I,INE FOR A I)IS'I'AN('I~ ()F 15~.50 I.'1~1~'I' 'I'~ ..XN INTI~RSI~CTI()N WITII Ti tE S()UTIIERI.Y I,INE ()F BI II,K! IEAl) I,INI.: N~. 2 RI~('¢)R[)I~[) IN PI,AT B()()K 1, PA(i[.: 16 OF TII[.~ Pt/Iii,l(' RI.:('()RI)S ()1: ('()I,I,II~R ('~)~ tN'FY. I"[,()RII)A: TI IEN('I~ S~H Y['tl 20~30'21'' EAST AI,()NG SAII) I,INE F()R A I)IS'I'AN('I.~ (~1" .~7.72 I"l':l' I' T() A P()INI' ()l: ('tJRVAT~JRI~; T11ENC[~ S()UTI tERI,Y. SO~/'I'III~ASTI~RI,Y. I~AS'I'I~RI,Y, N()RTI [EASTI.:RI.Y ANI) NORTItERI,Y CONTINUING ALONG SAIl) I,INE AND AI,ONG SAID ('tlRVE. CONCAVE NOR'FI IERI,Y, I lAVING A RAI)iUS OF 400.00 I:I~1~'1', A C'I~N'IRAI, AN( 157043'50'' FOR AN ARC DISTANCE OF II01.17 FEETTO A POINT OF Ri~VERSI~ CURVATURE; TttENCE NORTIIERLY. NORTIIEASTERLY, EASTERLY, AND SOUTI IEASTERI,Y CONTINUING ALONG SAID LINE AND ALONG SAID CURVE. CONCAVE SOUTHEASTERLY, ItAVING A RADIUS OF 500.00 FEET. A CENTRAl, AN(;I,E ()i: 124°16'03'' FOR AN ARC DISTANCE OF 1084.44 FEET TO A POINT OF TANGEN('Y. TItENCE SOUTI1 53058'08.. EAS'F FOR A DISTANCE OF 505.81 I:i~ET T() AN [NTERSEC'FION WITII TIlE WESTERI.Y I,INI~ ¢)1: I,ANI)S I)ESCRII~I.:I)IN (~l.'I:l('l.,Xl, RECORD BOOK 1355. PA(iE 1011,PtJIiI,ICRI~C()Ri)S()FC()I.[,iER(,¢H;N.i.y. FI,ORIDA; TI IENCE SOUTll 00°39'10.. EAST AI,ONG SAIl) WESTERI.Y I.INE FOR A I)IS'['AN('I~ ~1: 1066.03 FEET TO TI IE SOUTI IWEST CORNER OF SAID I.ANI)S; T! IENCE NORTI 1 89°20'50'' EAST ALONG TI IE SOUT! IERI,Y I,INE OF SAID [.ANI)S FOR A DISTANCE OF 50.00 FEET TO AN INTI~RSI~CTION WITIi 'I'IIE WESTI.:RI.Y OF WAI,KERBII.T ROAD AS DESCRIBED IN I)EI~D BOOK 33. PAGE 279. PtlBI,I(' RE(;ORI)S OF COI,LIER COUNTY. FI,ORIDA: TI IENCE SOUTII 00°39'i0'' EAST ALONG SAID WESTERI, Y I,INE FOR A I)ISTANCI.: OF 60.00 FEET TO AN INTERSECTION WITll TIlE SOUTIIERLY LINE OF SAIl) WALKERBILT ROAD; !2C3 TI tF, NCF, NORTIt 80020'50" EAST Al,ON(; SAIl)SOIJTI II!RI.Y I,INI! I:¢')R A I)iS'I':\N( ()F 600.21 FI:.F.T: TI [tiNC[.7 N()RTi ! 8{)°21'48" I!AST C()NI'IN[ !lNG i AI.t)N(~ NAIl) NC )[ ITl iERI, Y I.INF F{ A DISTANCI.: ()F 731.07 FEIiT TO TIlE NORTI 1\VI.TNT CORNF, R OF I.ANI)S i)F,S('Rliti!I) IN OFFICIAl, P,I~CORI) BOOK 1219, PAGF. 1672. PUBI.IC RF, CORDN ()F COl INTY. FI,ORII)A: TI ItiNC'l.: S()[J'I'I [ 00°4Y07'' EAST AI,ON(} TI 11! \\'I!S'I'!!RI,Y I.INE ()F NAIl) I.ANI)S I.'()R A I)ISTANCF OF 300.00 FEET; T} IF. NCI.7 NORTlt 89o21'48'' EAST AI,ONG TI II! SOt ITt IERI,Y I.INF, ()F NAIl) I,ANI)S FOR A [)IS'FANCE OF 300.00 FF, F,T TO AN INTI.:RSF. CTION WITII TI 11! WI:,STIiRI,Y P,I(;t I]'-OF-WAY I.INt.: OF TAMIAMI TI,tAll. (I I.N. 41. S.R. 45): TI tENCF, SOUTI1 00°4Y07" EAST Al,ON(} S.,\II) \VIiSTF, P,I.Y RI(}I IT-()F.WAY I,INI.i F()P, J\ DISTANCE OF 505.65 FEET; TI IENCI:, I,F, AVING SAID WI'~STF, RLY I.INI.: SO[ITI! 89016'53'. WF. ST FOR A OF 55.53 FEET TO A POINT OF CUI~,VATURL:: TI IENCF. NORTI tWF, STERI,Y ALONG SAID CUR. VI.:. CONCAVE N()RTI II~ASTERI. Y. I tAVING A RADIUS OF 250.00 FEET. A CENTRAL ANGI,E OF 62055'02.. FOR AN AP, C DISTANCF. OF 274.53 FEET TO A POINT OF INTERSECTION WI'rll A N()N-TAN(;I!NT I,INF.: TI tENC[:, SOUT[i 00o09'30" WEST FOR A I)[STANCI:. ()1:631.93 [:EI~'i': TI tENCF NORTll 89o50'30'' WEST FOP, A I)ISTANCI.~ OF 154.92 FEF. T: TI [ENC[.7 SOUT[I 00o09'30" WEST FOR A DISTANCE OF 5.00 FI'TET: TI IENCI.: NOP, TI I 89°50'30'' WEST FOP, A DISTANC[.7 OF 801.02 FEI.TI': 'l't IENCF. SOl. FI'It 00042'02'' F, AST FOR A DISTANCF, OF 1210.87 FI!I:.T T() TI Iii I'()INI' OF BI:'(HNNING: CONTAINING 244.233 ACRES OF LAND, M()P,I~ ()R I.F. SS. SIJBJIiCT TO EAS[.:M[.:NTS AN[) RES'FRICTIONS OF RI'X;ORI). I'ARCEL NO. 2 A I'ARCEI, OF I,AND I,YING IN SECTION 21. TOWNSttlP 48 SOIJTII. RAN(;Ii 25 I.:AS'I'. COI,I,IF, R COUNTY, FI,ORIDA. SAID I ARCI:i, O1.' I,ANI) BEING MORI.i PAR. TICIJI,ARI.Y DESCRIBED AS FOLLOWS: COMMENCING AT TI 1E NORTIIEAST CORNER OF TI IE SOUTI lEAST QI. JAR. TI.:R (SI': 1/4) OF SAID SECTION 21; TIIENCE SOUTII 89°50'41'. WEST AI.ON(} TItF. NORTI tERI,Y I,INE OF SAID SOUTitEAST QUARTER (SE I/4) FOR A I)ISTANCF, OF 8 ! 8.47 FF, i~'I': TItENCE I,EAVING SAID NORTItF, RI,Y I,INF, NORTII 00040'47.' WEST F()R A I)ISTANCF, OF 12.87 FEET TO AN INTERSECTION WITIt TIlE NORTItF, RI,Y I,INt! ()F WAI.KERBII,T ROAD. TIlE POINT OF BEGINNING OFTI IE I IEREIN DESCRIB[:,I) PAR('[!I. NO. 2; 3 TI II.;NCI! S()UTI [ 89°21'48" WF, SI' AI,ONG SAIl) NORTI tERI,Y I.INF, F()R A I)IS'I'AN('I( 356.00 FEET lO AN INTERSECTION Wi'I'I! A I.INF, PARAI,I.F.I, WITll 'I'l IE RIGIIT-OF-WAY I,INE OF TAMIAMI TRAIl, (U.S. 41 - S. R. 45 ): TIlF. NCI~ I,I';AVING SAID NORTIIERLY I,INE NORTII 00°40'47.. \VI!ST AI.{~N(} PARALLEL lANE FOR A DISTANCE OF 599.13 FF, ETTO AN INTERSECI'ION WITit TI SOU'I'! IERI,Y LINE OF BUI,KI IEAI) lANE NO. 3. AS RI:,CORDF, D IN PI.AT BOOK I, 16. i)tJBI,IC RI','CORI)S OF COI,I,iF.t~. COUN'FY. FLORIDA, BF, ING A P()INT ()F INIERSF, CTION WIlil A NON-TANGENT CURVE FROM WllIC[! Till! RAI)IIIS BEARS NORTIt 20%6'08" EAST: TItI.~NCF, I:.ASIERI,Y AI.ONG SAIl) SOIITIIERI,Y I,INE AND AI.()N(i SAIl) ('t;I.',V[.~. CONCAVI:. NORTIII.~RI,Y. I IAVIN(i A R:\I)I[IS ()F 400.00 FF. ET...\ C[:.N'['RAI. AN(il.l( 1)1: 53°0Y24'' FOR AN ARC I)ISIANCE OF 370.41 I:t:I!T'I'() A I'()IN'[' (IF INTI.iRSIi(' l'l( )N \V['I'I [ A N()N-TANGI'~NT IANE WIlICIi IS I)AR/\I,I.I.~I, \\'l'l'll Till! AF()RI!SAII) \VI!S'I'tiRI.Y RI(ilIT-()F-\VAY I.INI'; ()I" 'I'ANIIAMI TRAIl. {I;.S. 41 - S, R TI IIiNCI'~ S()[ITII 00°40'47'' EAS'I' Al,ON(} SAil) PARAI.I,I!!, lANE I:()R A I)IS'i',,\N('I'~ {)1" 630.00 FI'~F.T l()TI IE POINT ()I: BEGINNIN(;' C()NTAININ(i 4.790 ACRF, S ()F I,AND. MORI~ ()R I,F. SS. StJIUF, CT TO F, ASEMI.,'NTS AND I~,I~STRICTI()NS ()1: RI';('()R[). I)ARCEI, NO. 3 A I'ARCi.;I, OF i,AND I,YING IN SECTION 21. T()WNSI lip 48 SOUTll. RANGI~ 25 EAS'I'. C()I.I,II.,'R COUNIY. FI,ORIDA, SAID PARCEl, OF I,ANI) BF. ING MORI~ PAR'FICIJI.ARI.Y I)ESCRIIIED AS FOI,I,OWS: COMMENCING AT TIlE SOUTIIEAST CORNER OF SAIl) SECTION 21:'1'11ENCE N()RTI ! 89050'30'' WEST AI,ONG TI IE SOUTI IERLY I,INE OF TIIE SOU'I'i lEAST QUARII!R (SI(I/4 OF SAID SECTION 21 FOR A DISTANCE OF 995.63 FEET: TI IENCi?. I,EAVING SAID SOUTI IERLY LINE NORTtl 00o09'30.' EAST FOR A DISTANCE OF 100.00 FF, ET TO AN INTERSECTION WITlt A LINE 100.00 FEET NORT11ERI,Y OF AND PARALLEl, Wllt l TI SAID SOUTltERLY LINE OF TIlE SOUTIIEAST QUARIER (SE I/4) OF SECTION 21. T! POINT ()F BEGINNIN(; OF TI IE I IF, REIN I)t:,.',;('RIBF, D i~ARCI!I. NO. I: TI IF, NCI.; NORTII 89°50'30'' WEST AI,ONG SAIl) I'ARAI,LEI, I,INE I:OR A I)ISTANCi.; ()F 401.04 FEET; 'l'! tENCE I,F, AVING SAIl) PARALI,EI, I,IN F, NORTI 100042'02" WF, ST I:()R A I)IS'I'AN('I( ()F 1210.87 FEET: Tt tENCE SOUTII 89%0'30" FAST FOR A DISTANCF, OF 801.(22 FEET: Tt IENCE NORTtt 00009'30" EAST FOR A DISTANCE OF 5.00 FEET: TttENCE SOUTII 89050'30" EAST FOR A DISTANCE OF 154.92 FEET: TItENCE NORTIt 00°09'30'' EAST FOR A DISTANCE OF 631.93 FEET TO A POINI' OF INTERSECTION WITlt A NON-TANGENT CURVE FROM WIIICII TIlE RADIUS POINT BEARS NORTH 62°11'56" EAST: 120 . 'FitF, NCE SOtJ'I'IlliASTERLY ALONG SAIl) CURVE, CONCAVE N()I~,'I'III':AS'I'I!RI.Y. IIA\'ING ,,\ RADItIS OF 250.00 FEET, A ('l!N'l'RAl, ANGI,E ()F 62o55'02.. F{)R ,,\N ARt' DISTANCF, OF 274.53 Fl!liT TO A POINT OF 'I'ANGENCY' TI IENCIi N()RTlt 89°16'53'' EAST FOR A DISTANCE OF 5'5.53 T11ENCF, S()UTII 00°4Y07'' EAST FOR A l)lS'rANCl! OF 505.1)8 FF.I!T: TI IENCI! NORTI! 80050'30.. WEST FOR A DISTANCE OF 442.82 Fl!l.'.'l': 'I't II:,N(.'I.~ S()II'FI i 45°09'30.. TItHNCE SOtJTtl 00009'30" THF, NCI.~ S()UTI 1 45009'30" TI I[:,NCi'~ S()! ITl[ 00°0t)'30" TItENCE SOUTll 45o09'30" 'I'tlENCF, SOUTit 00o09'30" \VEST FOIl. TO TI II! POINT OF BI".GINNING: \VEST FOR. tX I)IS'i'ANCI! OF 151.26 I:l','l!'l': WEST FOR A DISTAN('E OF 100.00 FI!F.'F: WEST FOR A I)IS'I','\NCI'~ OF 200.00 FEI'71': \VI'~ST FOR. A i)ISTANCF OF 390.00 l:lil!T: WEST FOR. A DISTANCE OF 190.00 I:EET: A I)ISTANCI': OF 338.00 FIiF, T: CONTAINING 18.415 ACRES OF LAND, MORI.; OR LESS. SUBJECT TO I';ASF, MENTS AND RESTRICTIONS OF RECORI). 1.3 PR()I~IiI{TY ('}\VN F..RSI lip The suhjcct property is currently owned by (. '{ill icr I)evelopment ('orporat ion, 3003 l'am imm Trail North. Naples, Florida .'1410.'i. 1.4 (iI';NER:\I. I)ESCRIPTIONS OF TIIE PR()PI.~RTY Thc project site is located between I I.S. 41 on tile eastern border and Vandcrhilt I)rive on tile western border, lying north of ! 1 lib Ave. and south ol'the Cocohalchcc River. The zoning classification of thc subject property prior to the date of this approved PUD document was PUD Ordinance No. 90-45 and A - Agrict, ht,ml. 1.5 I'! IYSI('AI, I)IiSCRIPTION The project site is a mixture of range hmd. upland forests, barren land and wetlands. 'Ibc wetlands border tile Cocohalchee River to tile norlh. Several small isolated seasonal x~cl prniries are lbund on the site. F. Icvations range from 3.0 to I0.0 feet with tile highest elevations on thc southeast corucr of the property which from there slopes downward to the northwest and the river. The soils arc a species of fine sands (Arzell. Charlotte. Immokalee, and St. l.ucie) and mangrove swamp .,\I.ONG the river. 1.6 STA'HiMI.;NT OF CONSISTENCY \VITi I TIIE GRO\VT11 MANA(iF, MI!NT PI.AN The development of'Collier Tract 21 as a Harmed Unit Development is consistenl with thc planning goals, objectives and policies ol'Collier County's Growth Management I'lan and complies wilh pertinent implementing ordinances. This HID reprcscnls a reduc~i~m of density, intensity and resultant impacts from tile 800 dwelling units authorized in t)rdinam.c No. 90-45 to no dwelling units. The 3.4 acre Commercial l'ract "('" is considered w, bc within tile Activity (.'enter by virtue ofthe ActMty Center 75% Rule ofthc i:umre I,aml I !,sc I~lcmcnt. and is, therefore, consistent with tile (;mwth Managcn'~ent l'lan. Tract "('" is a portion of l'arcel 3, a scparalc tax parcel that includes and overlaps thc Aclivitv ('cater. which is legally described in Section 1.2 of'the PI. ID document. Consistencv with thc goal requiring well planned and compatihlc land uses and ob cct ixcs which establish density levels nrc &signated in the plan. The proposetl project furthers these standards including tile use of creative Pill) design with useable open space and clusto housing. 1.7 Si I()RT TITI.I:. This Ordinance shall be known and cited ,as tile Collier Tract 2 ! P.t).l). 6 2.1 PURI'O~I:. SI'~C'i'ION II I'I~.OJF. CT I)[.~VI~,I,OPMF, NT REQUIREMIiN'FS The purpose of this Section is to delineate and generally describe thc project plan ,ff development, relationships to applicable County ordinances, the respective land uses of thc tracts included in thc project, as well as other project relationships. 2.2 (;I~NI£I~.A[, Do Regulations for developnlcnt ofthc (.'oilier Tract 21 lqH) shall be in accortlancc with tile contents of this document, PtJl)-iqanncd Unit Development l)istrict, applicable sections and pa~s ofthe Collier ('otlntv I,and Development ('ode and ('oilier ( (;rox~h Management Plan in cliO'ct at thc time of local tinal tlcxclopn~cnt order building permit application. XVhcre these regulations lhil to provide developmental standards, then the provisions of thc most similar district in ibc ('oilier ('ountv I.and Development ('ode shall apply. 1,1nlcss otherwise noted, the dclinitions c,f all terms shall be thc same ;is thc definitions set forth in tile Collier (.'ountv I,and Developn~ent (.'ode in el'IL'ct at tile date of adoption of this PUD. All conditions imposed and graphic nmtcrial presented depicting restrictions for thc development ofthe Collier Tract 21 PI ID shall become part of thc regulations which govern the manner in which the PUD site may be developed. Unless specifically Waived through any variance or waiver provisions from an,,' other applicable regulations, the provisions ofthose regulations not otherwise provified for in this PUD remain in f,.,ll force and effect. l)evclopment permitted by tile apprc, val of this I~titiors will bc subject to ;t concurrency review under the provisions of Division 3.15 Adequate Public l:acilities of thc Collier County l.and l)cvelopmcnt Code at the earliest, or next. to occur of either Final Site Development Plan approval, Final Plat approval, tlr building permit issuance applicable to this development. County open space requirements arc deemed satisfied bv thc golf cc, ursc. and m~ separate open space requirements shall be applied to the ~'ommercial Tract. 7 2.3 DESCRIPTION OF PROJECT Iq,AN AND PROPOSEI) I,AND USES The project Master Plan is illustrated graphically by F, xhibit "A". Pt l I} Master I'lan. There shall be Four (4) land use parcels. The master plan also i.~cludes ,.mcr management systems. The project parcels will be grouped according to the folhm.'ing land use categories: l,and Use Tracts "G": Golfcoursc.:t:170.5 acres "('": ('ommercial. 50.000 squa;¢ feet of gross leasable arcs'one hundred (I 0()) hotel or motel rooms. ±3.4 acres "1.": I,ake, +29 acres "RS": Reserve, ±64.5 acres TOTAl, '+267.4 acres In addition to thc various areas and specific items shown in F, xhibit "A", casements such as (utility. private, senti-public, etc.) shall be established andA~r vacated within or AI.ONG the properly, as may be necessary.. Minor modifications to Exhibit "A". may be pcm~ittcd at tile time of Site Development Plan approval, subject to the provisions of Section 2.7.3.5 of thc Collier County l,and Development Code or as otherwise permitted by thi.~ Document. 2.4 REI.ATED PROJECT PLAN APPROVAl, REQUIREMENTS Ao Exhibit "A", PUD Master Plan, constitutes the required P~ 11) Development Plan. Except as otherwise provided within this PUl) Document, any division of thc property and tile development of thc land shall be in compliance with tile Subdi vision Regulations and the platting laws of the State of Florida. Thc provisions of Division 3.3, Site l)cvclopmcnt Plans of thc l,and l)cvclopmcnt Code. when applicable, shall apply to the dcvelopment ofall platted tracts, or parcels of land as provided in said Division 3.3 prior to the issuance ora building pen'nit or other development order. Appropriate instruments ,,'.'ill be provided at the time o firfl'rastructural improvements regarding any dedications and the methodology for providing perpetual maintcnnncc ol'conmmn fi~cilitics. 2.5 AMENI)MI'iN'I'S TO l:'tJl) I)OCUMliNT ()R PUD MASTF. R PI.AN Amendments may be made to the PUl) as provided in Section 2,7.3.5 of thc I.and l)cvclopmcnt ('ode. Prior to thc recording of any Record Plats, final plans of thc required improvements shall receive thc approval of all appropriate Collier County governmental agencies to insure compliance with thc Master Plan. theCounty Subdivision l>,cgulatior~s and the pi;mint: I;m,x of the State of Florida, 2.6 I,ANI)SCAI'I.,' BIJI:FF, R There shall be a 15 foot vegetative buffer provided along U.S. 41, Illth Avenue Walkcrbilt Road and Vanderbilt I)rive at the project boundaries, \Vithin this buffer, project landscaping, including a combination of walls or fences and bem~s up to 14 K.,ct in height, no more than 8 feet of which may be wall or fi2nce shall be allov.'cd. If a parallel road is constructed along U.S. 41, there shall be no separate or additional landscape buli~'r requirements applied to said parallel road. 9 Il I I lll Illl Illlllll Ill Illlll Il Il I[ll I Ill II SECI'ION ill C()MM F.I~,C1AI, 3. I PUI~.I~OS I':. The purpose of this section is lo identify specific deveic, pn~ent standards Ihr the area ,~ bc developed on Exhibit "A" as Tract "C" ('ommercial. 3.2 MAXIM! IM SQt lAP, l! FO()TAGI.'. A maximum of 50.000 square feet of gross leasable area may be construcled (m Tract "( '". Ifa hotel with accessory uses is developed on Tract "C". the maximt,m square l'oot;~gc shiil l be reduced by 225 square feet ll)r ever)' hotel room. 3.3 USES I'I':RMI'ITF. I) No building or structure, or part thereof shall be erected, altered or used. or lands used. in whole or pan. for other than the foll6wing: A. Principal tJses I. All uses allowed as permitted and conditional uses in the ('-3 ;,oni,~g district. I lotcls and motels not to exceed 100 units. 3. Any uses pemfitted on (Jolf Course and l,akc Tracts. Any other use which is comparable in nature with tile foregoing uses which the Planning Services Manager detemfines to be compatible itl this district. B. Accessory Uses Customary accessory uses including meeting rooms and sit down restaurant fi~r hotel and motel. lO 3.4 I)F, VFI,OPMENT STANI)ARI)S (;choral: All yards and setbacks sMII be in relation to individual parcel boundaries. Minimum l,ot Area: 10,000 square feet. B. C. I). G. It. Minimum Lot Width: Minimun~ Yards: Front yard: 75 lkct 25 feet: 30 feet on tl.S. 41 plus 5 feet lbr each story in excess of one story. Side yard: 15 feet. Rear yard: 15 feet. Any yard abutting a residential parcel: 25 feel. Minimum Floor Areas: 700 square feel. Ofl:Strect Parking and Loading Requirements: As required by Collier County I,and l)cvelopmcnt Code in effect at the time of site development plan application. Maximum lteight: i. Principal and accessory structures - 50 feet. Access: Motor vehicle access to Tract C. which shall also serve as the access to thc golfcourse and club house, shall be limited to one access point on U.S. 41 that lines up with the northern entrance to Riverchase Shopping Center. This common access point ,,viii be signalized by the State of Florida l)cpartment of Transportation ("FDOT") pursuant to a s,~ttlcment agreement with thc current property owner. 11 4.1 S!!C'I'I()N IV (;()I.F COl IRSI:, AND I.AKI.;S I'IJI~,i~()SI:. Thc purpose oFthis Section is to set forth the regulations tbr the areas designated on l';xhibit "A" as Tracts "G" Golf Course and Tracts "I." i,ake. 4.2 I,]SF, S I'I';I~, M I'FI'F.I) No building or structure, or pan thcrcol: shall be erected, altered or used, or land ~r xvatcr used, in whole or in part, for other than the lbllowing: A. l'em~ittcd Principal Uses and Structures Golfcourses, biking, hiking, canoeing, and nature trails, bridges, boardwalks and overlooks. Parks, tennis and racquetball courls, basketball courts, exercise courses, and sv. imnfing pools, and an,,,' ~ihcr community ncigbborlmod rccrcati{mal l'acilities. Community recreation center buildings, recreational shelters, gazebos. clubhouse, restrooms, and wildlife sanctuaD'/managcmcnt areas. Water Management and essential sen'ices facilities, landscape bultk'rs, bombs. and walls or other permitted treatments as in this PUD. Any other recreational and open space activity or usc which is similar in nature with the foregoing uses and which the Planning Services l)irector determines to be compatible with the intent of this district. 6. Gates and gatehouses. 7. Child care centers, ifauthorized by Members. Utility facilities including a reverse osmosis Ihcility or similar Facility used to treat and/or produce water for irrigation of the golf course, golf cm~rsc maintenance and golf cart storage facilities. Sales Center for golfcourse memberships. 12 I~,, l'crmittcd Accessory Uses and Structures Accessory uses and structures customarily associated with the uses permitted in this district, provided that tim clubhc~use building shall not exceed square feet. Essential services arm facilities, including irrigation lhcilities. punlphouscs and 3. C'aretakers residence. 4. Sales offices/centers and property m,'magcmcnt offices. 5. 'l'cn~porary constructi(m office. 4.3 I) I'.' V I-~I .( )I'.,M F.N T S'I'ANI)AR.I)S A. ()retail site design shall be harmonicms in terms of landscaping, each,sure of structures, location of access streets and parking areas and location alld trollllllClll el' buflkr areas as determined by site development plan regulations. Buildings shall be set back a minimum of twenty five (25) feet from rigl~t-of-,.'ay. and 15 feet from any property lines. I,ighting facilities shall be arranged in a manner which will protect roadv, ays and neighboring properties from direct glare or other interference. D. Maximum height ofstructurcs: Fifty (50) feet. E. Minimum distance between principal structures: Fifteen (I 5) feet. F. Setback from lakes: Twenty (20) feet. (;. Minimum standards for parking, landscaping and lighting, shall be in accordance with applicable Collier County regulations in effect at the time of site development plan application. I1. 'l'be (;olfCoursc and Lake Tracts need not be platted. The Golf Course Tract lying north of Walkerbilt Road shall be subject to thc following standards if any structures are constructed thereon: 13 Masons' ,.,,'all or similar pre-fabricated wall at least 8 feet in height ahmg thc east and west property lines and set back at least 10 feet from said property lines. Within said east and ',,,'est setbacks, exterior to thc ,,vails. canopy trees at least 12 feet in height shall be planted twenty-five (25) f'cet on comer. Along the south properly linc, except for any drivcway, a tiftccn (15) landscape strip si'mil be installed to provide a 100% opacity rating within c, nc { 1 ) year of installation. 14 $.1 5.2 PURPOSE SECTION V RESERVE AREA Reserve Area - Thc purpose is to preserve anti protect vegetation in its natural state and limited recreational uses. It is designated Tract "RS" Resen'e on Exhibit "tX." t}SES PI'~RMITTI!I) No building or structure or part tl~ercol: shall be erected, altered or used. or land used. in whole or in part. Ibr other than the Ibllowing: Principal Uses I. ()pen spaces/nature preserves, gol fcart tee boxes and gol fcourse bridges ;uld paths. 2. Small docks, piers or other such facilities constructed lbr purposes o~' recreation for members of the project. 3. Passive recreation: hiking trails, boardwalks, overlooks. 4. These uses will be subject to receipt o£appropriate permits. 15 ............ qll - I 6.1 PI, IRI'OSI'~ SECTION VI GENERAL DF, VEI, OI'MI~N'F COMMITMI.~NTS Thc purposc of this Scction is to set lbrth thc general commitments for development of thc project. 6.2 P.U.D. MASTER PI.AN All facilities shall be constructed in accordance with linal site development plans. Iinal subdivision plans and all applicable state and local laws, codes and master regular ions except where specifically noted. A. The I'tJl) Master Plan (F, xhibit "A") is an illustrative preliminary devclopmcm plan. The design criteria and layout illustrated on the Master Plan and tile exhibits supporting this project shall be understood as flexible. Master Plan design changes shall be permitted subject to County statTadministrativc approval, when subject changes are consistent with the intent oF site development plan and subdivision master plan requirements of this project. All necessary casements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities. Eo Agreements, provisions, or covenants which govern the use, maintenance and continued protection of the PUD and common areas, will be provided. 6.3 SOl,ID WASTE DISPOSAL Arrangements and agreements shall be with tile approved waste disposal service to provide for solid waste collection setwice to all areas of the project. 6.4 TRANSPORTATION A. Golfcourse maintenance/sen, ice driveways shall be pemfitted on Vanderbilt Drive. ! I I'~' Avenue and Walkerbilt. 16 The developer shall provide street lighting at the project entrances, but lighting shall not be required for maintenance/service driveways. Il'gate houses are to bc used, they shall be located so as not to cause entering vehicles to bc backed up ontc~ any State or ('ounty mad. I). Road impact fees shall be in accordance with thc schedule c(mtaincd itl t)rtlinancc 92-22. tlr as it may be amended, and shall be paid at tile time building pem~its arc issued unless otherwise approved by tile P, oard of ('ountv ('ommissioncrs. WA'I'I'~R MANAGI~MI'~NT l)etailcd site drainage plans shall he subrrdttcd to Project Revicw.'qerviccs Ibr rcvicxv. No construction permits shall be issued unless and until apprtwal of thc prolmSCd construction in accordance with thc submitted plans is granted by Pro cot Rcvicxx Rcrx'iccs. l)csign and constructior~ ofail improvements shall be subject lo compliar~cc with thc apprc, priatc provisions of the Collier CountY I,and Development Code. An F. xcavation Permit ,,,,'ill be required for the proposed lake(s) in accordance xvith l)Msion 3.$ ot'the Land Developmer~t Code. l). ex, Conceptual pen'nit from South Florida Water Management l)istrict or. a c~p.v the permit application with supporting informati~n submitted to South Florida \\'atcr Management District and all subsequent correspondence shall bc provided prior conslruction plan approval. l'ctitioncr shall provide evidence by appropriate compulcr modeling and profile plotting that the exisling hydraulic grade line of Ibc Naples Park North l)tainagc Basin Ouffall north of I11'~ Avenue will not significantly impactcd by thc installation of the culvert pipes anti lake system in the proposed modified I~,asin t)utt'all across this proposed golf course project. 6.6 I(NVIR()NblF, NTAL Ao l'ctitioner shall be subject to Division 3.9, Vegetation Removal, Protcctitm and Prcse~'ation of the Land Development Code. A site clearing plan shall be submitted to Current Planning Environmental staff for their review and approval prior to any substantial work on thc site. This plan may be submitted in phases to coincide with the development schedule. The site clearing plan shall clearly depict how the final site layout incorporates retained native vegetation to thc maximum extent practical 17 i). ii. and Ilow roads, buildings, lakes, parking lots. and other facilities have been ,rientcd to accommodate tllis goal. Native species shall be utilized, where available, to thc rnaximt,m extent possible in the site landscaping design. A landscaping plan for the commercial tr:tct will be submitted to Current I'iarming Environnlentnl stalT for their review and their approval. This plan will depict tile incorporation ofnative species and their mi× xvi~h other species, il'any. The goal of'site landscaping shall be thc re-creation of native vegetation and habitat characteristics lost on the site during constructic, n ~r title to past activities. All exotic plants, as defined in the County Code. shall be rcmox'ed dttrit~g each ph;~sc ~1' constnlctJon l?om development areas, open space areas, and preserve I:olh~wing site dcvch~pmcnt, a maintenance program sh:fll hc impIcmc~tcd t~ prcx'c~t re-invasion of thc site by such exotic species. This plan. which will dcscril,c c~,ntr~l techniques and inspection intervals, shall be filed with ami approved I~x thc ('~rrcnt l'lanning l~nvironmcnlal I't~rstiant to Section 2.2.25.8. I ol'thc l.and Development ('~dc. il'. during thc c,~ursc ~l'site clearing, excavation ~r other construction activity an historic or archaeological artifact is found, all devcloprnent within the nlinimum area necessary to protect thc dixcovcry shall be immediately stopped anti Iht Collier ('otmlv ('ode l';nli~rccmcnt l)cpartment contacled. An)' future proposed dock construction shall comply with the Florida l)cpartn~cnt of Environmental Protection (I)EP)/Collier County Manatee Protection l'lan. il' turkey oaks arc discovered during tree removal pem'~itting, they shall transplanted to the upland preserve areas or utilized in project landscaping. Environmental permitting shall be in accordance with thc State of l:lorida F. nvironmental Resource Permit (l".RP) rules and regulations. :is \veil as thc Army Corps ofF. ngincers §4(14 Permitting l'rogram. Removal ol'cxotic vcgctati~m shall not be thc sole means of mitigation for inlpacts to Collier ('ounty jurisdictional wetlands. All conscrvatitm shall be recortled on any required plats with protective covenants per or similar to §704.06. Florida Stat~,~lq,~. In the event platting is not required. conservation easements shall be recorded for such areas, subject to uses and Ii m itations similar lo or per Florida Statutq Section 704.06. Conservation areas shall be maintained by the golf club. and these areas shall be dedicated to Collier County on plats or easements, as applicable, with no responsibility for maintenance. 18 ]26 Buft'crs around wcllands shall be in accordance with Ihe liRP issued tbr this prt~icct. Current Planning l~nviromncntal Staff shall be provided with copies t~l' t I.S. Army ('orps {~['l~nginccrs permits prior to any conslrucl ion occurring in.j urisdicl tonal areas addrcssctl by such permits, ('onstruclion or early work pcrmils I~om linc South Fh)rida Water Management I)istrict shall bc presented prit)r to Final Silo l)lan/Construction Plan approval. I'ctitioncr shall coordinate protected wildlife species issues throu[2h the I(RI' and C()RPS ~404 pcm~it review process and comply with thc guidelines and recommendations of Ihe U.S. Fish alia Wildlil~ Service and Florida (lame and Freshwater [:ish Commission. Where a protcclcd species occur m~ si~c. a l labimt M:magcmcnt Plan fi~r those protecictl species shall be submilicd to ('urrcni I'lanning and lh~vironmcntal Slall' IBr review and approval prior tt~ Final 5itc l'lan/Constructitm Plan approval. 6.7 FIRF, PR()TF, CTION The project development shall comply with all applicable fire codes and regulations. Fire hydrants shall be installed in accordance with current regulations at tile time ofconstrttc~ion. 6.8 I:,N(iINI!I'~RIN(; ANI) iI'I'iI.ITiI~S Work within ('oilier ('ounty right-ot:way shall mcct thc requirements o1' Collier County Right-ol~Way Ordinance 82-01. Water distribution, sewage collection and transmission and interim xvatcr and/or sewage treatment fimilities lo serve the project are to be designed, ctmstructcd. ctmveyed, owned and maintained in accordance with Collier County ()rdimmcc 88-76, as amended, and other applicable County rules and regulations. All customers connecting to tile water distribution and sewage collection I'acilitics to be constructed will he customers of the County and will be billed by tile ('on~lty in accordance with the County's established rates. I), Construction drawings, technical specitications and all pertinent design information shall be submitted, in accordance with Collier County Ordinance ~)7-17 or amendments thereto, and shall be approved prior to the issuance of development construction approval. I)I';VI'~I.()PMI:,N'I' Si';QIJF. NCI:. AND SCi IEI')UI,I". The property is to be developed over an cstimaled 4 year lime period, lhis pro.}ecti~m of project development is no more than an estimate based on cu~ent marketing knowledge. Thc estimate may, of course, change depending upon lhturc ccononfic lhcmrs. 6.10 I'~AS I'~M F.N'I'S Easements shall be provided for water management areas, utilities and other purposes as required. 6.11 I.,,\KE SI'I'IN(} 6.12 As depicted on the P.t}.l). Master Plan (Exhibit "A"), lakes and natural areas have bccn preliminarily sited. The goals are to achieve an overall aesthetic character tbr the prt~icct, to permit optimum use of the land, and to increase the e~eiency of the water management network. "Accordingly the peainent setback requirements described in Ordinance No. 26, Section gA may be reduced with the approval of the authorized County official. Fill material t?om the lakes are planned lo be utilized within the project, t lowever, excess fill material, up to 10% of the total or a maxinmm of 20,000 cubic yards may be removed and utilized oflTsite subject lo the requirement of Ordinance No. gg-26, including but not limited to traffic impact t~es, etc. Removal of material in excess of 10% of total or maximum of 20,000 cubic yards must meet the requirements ora commercial excavation per Ordinance No. 88-26." To assure site specificity, construction plans must be submitted with excavation pennit submittal. SIGNAGF. The developer intends to create a unitbm~ly designed special signage and identilication system including, but not lin'filed to, subdivision and entrance signs for the project compliment the intended development themes and architectural styles. Project identification signs si'mil be allowed at the principal project entrances to the Pill) at I.J.S. 4 I. These may not exceed one hundred and fifty (150) square feet in total area at each entrance and shall not exceed a height of fifteen (15) feet above the established grade. Additionally, project entrance signs announcing the names of the planned golf cot, rse anti commercial site shall be allowed. Each identifiable project development shall be allowed one project entrance sign, not to exceed an area of eighty (80) square feet and a height often (10) feet above the established grade. 20 6.13 [ Itiliz=tion of thc public rights,of-way for landscaping decorative entrance ways, ~u~tl signagc shall be reviewed and approved by the Transportation Director prior to any installmions. I:.SSi~N'i'IAI. SERVICF. S I!sscnfial services are considered as an acceptable permitted use on all land usc categories within the project as approved ,,'ia the site development plan approval process. 6.14 I~.OAI)S Thc entrance to thc gol£cours¢ club shall be a driveway and not subject to thc provisions I.and Development Code Section 3.2. Roads within thc commercial tract ofthe development may be either pttblic or private roads. depending on location, capacity, and design. Gating and/or gatehouse may be located on driveways or private roads only. 6.15 PF. RIMETI!R TRI';ATM F. NTS Thc perimeter of thc project is intended to be buffered/screened from adjacent properties and rights-of-way by combination ofany or all ofthe following: vegetative buffers, bcrms, walls. fences or other materials in keeping with the aesthetic theme and quality c,t' thc proposed project. Additionally. it shall be allowed that gazebos, towers, arches, lbt,ntains or other architectural monuments be incorporated within the perimeter treatment and that setback and height restrictions shall be waived on these architectural elements, subject to review and approval ofthe County Engineers as they pertain to setbacks from rights-ol:v.'ay and l in¢-o ~: sight traffic requirements. The buffering/screening of the perimeter of thc project shall bc of such design that it will allow the runoff to flow as designed by thc water management system. {;'xIISI!RSq.ANA\Wpg\SI!CIION 21\PUl) REV 1026.wpd O~:lot~t /.7. 1~18 21 COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC IIEARINGS To: Clerk to the Board: Please I)lace the following as a: (Display Ad,.'., location, etc.) Petition No, (If none. give brief description): pUD-gg-)3 Petitioner: (Name & Address): Collier Dcv¢lopr, cnl CoL'~ration, 300.t NQrlh T0mi,'lrni Tr0il. $,it¢ 400, Naplcs. FI. 341o3 Name &Addrcss of an.,,' person(s) to be notified by Clerk's Office: (If more space is needed, attach ,separate sheet) R, Bnlcc Anderson, '~'q.n~. van Assendcrp & V,,qrnadoe, PA, g0J ,l,;)urcl Oak Drive. $,Jle 300, lqi~plcs. FL 34 Hearing before XXX BCC Rcqucstcd I. tcarmg dale: BZA Other Ncwspapcres) to be used: (Complete only if important): Based on advertisement appearing 15 days before hcanng XXX Naples Daily News Other [] Ia:gaily Required Proposed Tcxt: (Includc Icga[ dcscription& common location & Size: Petition No. PUD-98.13, R. Brace ^nderr~n of Yot,ng. van ~,sscndcrp & Varnodoe, PA,, repros;coting Collier Dcvclo.ment Con)oration. rctmestine a rezone from "A" R.~I Agricullu~c to "PUD" and "PUD" tO "PUD plonne(;S Unit Dcvclo~ncnt to be known ~$ Collier Tracl 2 I. formerly Bcachwavv PUD. for a Roll cot, r~e 0nd accessory and incidental facilitics loci.ding a clubhouse. 50.000 stature fcc[ or C-3 ¢0mmercial u~$ and/or a hotel on ~roperly loc4~tcd between U.$, 41 on the east and Vanderbilt Drive on II~e ',','cst. Ivimz north of 111')' Avenue and south of lhe Cocohal(;:hcv River, in Section 2 I, T0wnshil} 48 Sot. h. Range 25 East. Collier County. Florida. consistin~ of 267.44 ~lus or min~l; acres, Companion petition(s), if any & proposed heating date: Docs Petition Fcc include advertising cost? [~cs [] No If Yes. what account should be charged for advertising costs: [ 13-138312-649110 Division Hcad Date County Manager Date List Attachments: DISTRIBUTION INSTRUCTIONS An For hearings before BCC or BZA: Initiating person to complete one coy and obtain Dis'ision ilcad approval before submitling to Count)' Manager. Note: if legal document is involved, be sure that an)' necessaq' legal review, or request for san:e, is submitted to County Attorney before submitting to Count)' Manager. The Manager's office will distribute copies: I-'l County Manager agenda file: to [] Requesting Division [] Original Clerk's Office B. Other hearings: Initiating Division head Io approve and submit original lo Clerk's Office, retaining a copy for file. Date Receix~ Date of'Public Date December 29, 1998 .Ms. Pam Perrell Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to Consider Petition PUD-98-13 Dear Pam: Please advertise the above referenced notice one time on Sunday, January 10, 1999, and kindly send the Affidavit of Publication, duplicate, together with charges involved to this office. Thank you. Sincerely~ Ellie Hoffman, Deputy Clerk Purchase Order No. 912501 irl December 29, 1998 Collier Development Corporation 3003 North Tamiami Trail, Suite 400 Naples, FL 34103 Re: Notice of Public Hearing to Consider Petition PUD-98-13 Dear Petitioner: ¥ ~i~ Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, January 26, 1999, as'indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 10, 1999. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure December 29, 1998 Mr. R. Bruce Anderson Young, van AssenderD & Varnadoe, P.A. 801 Laurel Oak Drive, Suite 300 Naples, FL 3410~ Re: Notice of Public Hearing to Consider Petition PUD-98-13 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, January 26, 1999, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 10, 1999. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, JANUARY 26, 1999, 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 A~ENDING THE OFFICIAL ZONING ATLAS ~P NUMBER ~521N AND 8521S BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" RURAL AGRICULTURE TO "PUD" AND "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNO%~N AS COLLIER TRACT 21, FOrmERLY BEACHWAY PUD, FOR A GOLF COURSE AND ACCESSORY AND INCIDENTAL FACILITIES INCLUDING A CLUBHOUSE, 50,000 SQUARE FEET OF C-3 COMMERCIAL USES AND/OR A HOTEL ON PROPERTY LOCATED BETWEEN U.S. 41 ON THE EAST AND VANDERBILT DRIVE ON THE WEST, LYING NORTH OF lilTH AVENUE AND SOUTH OF THE COCOHATCHEE RIVER, IN SECTION 21, TO%'~SHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 267.44+ ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 90-45; AND BY PROVIDING AN EFFECTIVE DATE. Petition No. PUD-98-13, R. Bruce Anderson of Young, van Assenderl> & Varnadoe, P.A., representing Collier Development Corporation, requesting a rezone from "A" Rural Agriculture to "PUD" and "PUD" to "PUD" Planned Unit Development to be known as Collier Tract 21, formerly Beachway PUD. Copies of the proposed Ordinance are. on file with the Clerk to the Board and are available for inspection. All interested parties 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 par~ of the record. .................. IIIIII I I I II 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 COM~ISSIONERS COLLIER COUNTY, FLORIDA BARBARA B. BERRY, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Ellie Hoffman, Deputy Clerk (SEAL) 12C3 ORDINANCE NO. 98- 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 8521N AND 8521S; BY CHANGIKG THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" RURAL AGRICULTURE TO "PUD" AND "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS COLLIER TRACT 21, FORMERLY BEACHWAY PUD, FOR A GOLF COURSE AND ACCESSORY AND INCIDENTAL FACILITIES INCLUDING A CLUBHOUSE, 50,000 SQUARE FEET OF C-3 COMMERCIAL USES AND/OR A HOTEL ON PROPERTY LOCATED BETWEEN U.S. 41 ON THE EAST AND VANDERBILT DRIVE ON THE WEST, LYING NORTH OF 111TM AVENUE AND SOUTH OF THE COCOHATCHEE RIVER, IN SECTION 21, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTI}IG OF 267.44+ ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE - NUMBER 90-45; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, R. Bruce Anderson of Young, van Assenderp & Varnadoe, P.A., representing Collier Development Corporation, 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 21, Township 48 South, Range 25 East, Collier County, Florida, is changed from "A" Rural Agriculture to "PUD" and "PUD" to "PUD" Planned Unit Development in accordance with the Collier Tract 11, formerly Beachway PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map Nu~er 8521N and 8521S, as described in Ordinance Number 91-102, the Collier County Land Development Code, are hereby amended accordingly. SECTION TWO: Ordinance Number 90-45, known as Beachway adopted on June 5, 1990 by the Board of Coun=y Com~nissioners o~ Collier County, is hereby repealed in its entirety. 12C5 SECTION THREE: 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 , 1998. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, Clerk BY: BARBARA B. BERRY, Chairman Approved as to Form and Legal Sufficiency MarjorieM. Student Assistant County Attorney COLLIER TRACT 21 A PLANNED UNIT DEVELOPMENT PREPARED BY: YOUNG, VAN ASSENDERP & VARNADOE, P.A. 801 LAUREL OAK DRIVE, SUITE 300 NAPLES, FLORIDA 34 i 08 October 27, 1998 DATE FILED: DATE REVISED: DATE REVIEWED BY CCPC: DATE APPROVED BY BCC: ORDINANCE NUMBER: SECTION I SECTION !I SECTION !11 SECTION IV SECTION V SECTION VI TABLE OF CONTENTS PROPERTY OWNERSHIP AND DESCRIPTION PROJECT DEVELOPMENT REQUIREMENTS COMMERCIAL GOI,F COURSE AND LAKES RESr. RVE GEN~.RAL DEVELOPMENT COMMITMENTS 12C3 EXIIIBIT "A" PUD MASTER PLAN SECTION I PROPERTY OWNERSHIP AND DESCRIPTION i.I PURPOSE Thc purpose ofthis Section is to set forth thc location and ownership of thc property, and to describe the existing conditions of the property proposed to be developed under the project name of Collier Tract 21 Planned Unit Development. 1.2 I,EGAL DESCRIPTION PARCEl., NO. ! A PARCEl, OF I,AND I,YING IN SECTION 21. TOWNSItlP 48 SOUTIt. RANGE 25 EAST. COLLIER COUNTY. FI,ORIDA. SAID PARCEL OF LAND BEING MORE PARTICULARI,Y DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 21; TItENCE NORTH 89050'30'' WEST ALONG TttE SOUTtIERLY LINE OF THE SOUTttEAST QUARTER (SEI/4) OF SAID SECTION 21 FOR A DISTANCE OF 995.63 FEET: TItENCE LEAVING SAID SOUTHERLY LINE NORTH 00°09'30'' EAST FOR A DISTANCE OF 100.00 FEET TO AN INTERSECTION WITH A LINE 100.00 FEET NORTttERLY OF AND PARALLEL WITH TIlE SAID SOUTItERLY LINE OF THE SOUTHEAST QUARTER (SEI/4) OF SECTION 21; IHENCE NORTIt 89050'30'. WEST ALONG SAID PARALLEL LINE FOR A DISTANCE OF 401.04 FEET TO THE POINT OF BEGINNING OF TIlE HEREIN DESCRIBED PARCEL NO. 1; THENCE NORTH 89050'30'' WEST CONTINUING ALONG SAID PARALLEL LINE FOR A DISTANCE OF 1260.82 FEET TO AN INTERSECTION WITH A LINE 30.00 FEET EASTERLY OF AND PARALLEL WITH THE EASTERLY LINE OF TIlE SOUTIIWEST QUARTER (SWI/4) OF SAID SECTION 21; THENCE NORTH 01032'23.. WEST ALONG SAID PARALLEL LINE FOR A DISTANCE OF 440.86 FEET; TItENCE LEAVING SAID PARALLEL LINE SOUTIt 88°27'37" WEST FOR A DISTANCE OF 30.00 FEET TO AN INTERSECTION WITIt THE SAID EASTERLY LINE OF THE SOUTHWEST QUARTER (SWl/4) OF SECTION 21; THENCE NORTIt 01032'23'' WEST ALONG SAID EASTERLY LINE FOR A DISTANCE OF 890.00 FEET; TIIENCE LEAVING SAID EASTERLY LINE NORTH 89°51'48'' WEST ALONG A LINE PARALLEL WITH THE SOUTHERLY LINE OF SAID SOUTHWEST QUARTER OF SECTION 21 FOR A DISTANCE OF 1350.98 FEET TO AN INTERSECTION WITH THE 12(;'3 EASTERLY LINE OF TIlE WEST ONE-IIALF (WI/2) OF TIlE SAID SOUTIIWEST QUARTER (SWI/4) OF SF, CTION 21; TttENCF. N()RTIt 01°52'47'' WEST AI,ONG SAID EASTERLY I,INE FOR A DISTANCE O[: 621.76 I:F.I.~T ]'O AN INTERSF, CTION WITIt A LINE 399.71 FEET NORTIIF, RI, Y ()F AND PARAI.IoE[, WI'FII TIlE SOUTIIERI,Y LINE OF TIlE NORTll ONE-IIAI,F (N I/2) ()[: TIlE SOIJTI [ ONF.-I IAI.F (SI/2) OF TIlE NORTIIWEST QUARTI!R (NWl/4) ()F Tilt( S()[J'I'} IWEST QUARTER (SWI/4) OF SAID S['.'CTION 21; TI I[:.NCE SOUT[! 89°57'13" WEST ALONG SAID PARAI.I.EI. [.IN}:. FOR A I)IS'['ANCI.i ( 1304.52 [:F.F.T TO AN INTERSECTION WITll A LINE 50.00 [:EET EASTERI.Y ()1: ANI) PARAI.I.[!I. WITll THE WESTERLY I.INE OF SAID SECTION 21. SAID I.INE [tI.~IN(; Till.; F. ASTI.~RI.Y RI(i} tT-()F-WAY I.INE OF COUNTY ROAD C-901: 'l'l tF. NCIi N()RTtl 02°! 3'I 7" WEST AI.ONG SAID RIGI IT-OF-WAY I.INE F(')R A DIS'I'ANCt~ ()F 1473.46 FIiET TO AN IN'I'ERSECTION WITII A I.IN[:. 1752.45 FliliT S()t J'I'[ tIiRI.Y ()[: AN[)PARA[.I.[:.I. WI'HI TIIE NORTIIF. RI.Y l.INli ¢)1: SAIl) 21; Ti t[:.NCt~ I.EAVING SAID I'.'ASTI!RI.Y RIGItT-OF-WAY I.INF. NORTII 89°33'45'' EAST AI.ONG SAIl) I'ARAI.I. EL [.INF. FOR A DISTANCF. OF 1588.50 FI~L.'T Ti) AN INTI£RSI~CTION WlTll 'rile SOUTIIERI.Y LINE OF BULKIIEAD I.INE NO. 2 AS RECORDI.~I) IN PI.AT BOOK I, PAGE 16 OF TIlE PU[tLIC RIiCORI)S OF COI.I.II.!R C()tJNTY. FI.()RII)A; TIIENCE SOUTII 20°30'21" EAST ALONG SAID LINE FOR A DISTANCF. OF 37.72 FEET TO A POINT OF CURVATURE; Ti lENCIi SOUTI IERI.Y. SOUTI IEASTERI.Y. EASTERLY, NORTItEASTERI.Y AND NORTltF. RI.Y CONTINUING AI.ONG SAID I.INE AND ALONG SAID CURVE. CONCAVE NORTItl!RI.Y. ttAVING A RADI(IS OF 400.00 FF.L:T, A CENTRAl. AN(ii.ti ()F 157°43'50" FOR AN ARC DISTANCE OF 1101.17 FEF. T TO A POINT OF RF. V liRSF. CURVATURE: Tt IENCIi NORTItF. RI.Y, NORTttEASTERLY, EASTERLY, AND SOUTIiI';AS'I'I!I(I.Y CONTINUING ALONG SAID LINE AND ALONG SAID CURVE, CONCAVE SOUTttEASTERLY, ItAVING A RADIUS OF 500.00 FEET, A CENTRAL AN(il. Ii OF 124o16'03" FOR AN ARC DISTANCE OF 1084.44 FEET TO A POINT OF TANGIiNCY; TItENCE SOUTtt 53o58'08" EAST FOR A DISTANCE OF 505,81 FEET TO AN INTERSECTION WITtt TIlE WESTERLY I.INE OF I.ANDS DESCRIBED IN OFFICIAl, RECORD BOOK 1355, PAGE 1011,PI. JBI.ICRECORDSOFCOI.LIERCC)IINTY. FI.ORII)A; TtiENCE SOUTII 00°39'10'' EAST ALONG SAID WESTERLY LINE FOR A DISTANCI'; 1066.03 FEET TO TltE SOUTI[WEST CORNER OF SAID LANDS; TItENCE NORTtl 89o20'50" EAST ALONG TIlE SOUTIIERLY LINE OF SAIl) I.ANDS FOR A DISTANCE OF 50.00 FEET TO AN INTERSECTION WITll TIlE WFSTERLY LINE OF WALKERBILT ROAD AS DESCRIBED IN DEED BOOK 33, PAGE 279, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; TItENCE SOUTIt 00°39'!0" EAST ALONG SAID WESTERLY LINE FOR A DISTANCE ()}: 60.00 FEET TO AN INTERSECTION WITH TIlE SOUTttERLY IANE OF SAIl') WALKERBILT ROAD; THENCE NORTIt 89020'50" EAST ALONG SAID SOUTIIERLY I.INE FOR A DISTANCE OF 600.21 FEET; T11FNCE NORTIt 89°21'48" EAST CONTINUING ALONG SAID SOUTI IERI,Y I.INE FOR A DISTANCE OF 73 t.07 FEE'I' TO TIlE NORTIIWEST CORNER OF I.ANDS I)F. SCRIBI..'D II'! OFFICIAl. RECORD BOOK 1219, PAGE 1672, PUBLIC RECORDS OF COI.t.IER COUNTY, FI.ORIDA; TltENCE SOUTIt 00°4Y07" EAST ALONG TIlE WESTERLY LINE OF SAID I.ANDS F()R A DISTANCE OF 300.00 FEET; TttENCE NORTIt 89021'48'' EAST ALONG TIIE SOUTHERLY I,INE OF SAID I,ANDS FOR A DISTANCE OF 300.00 FEET TO AN INTERSECTION WITI! T! IE WESTF. RLY RIGItT-OF-WAY LINE OF TAMIAMI TRAIl, (U.S. 41, S.R. 45); TIlF. NCF. SOUTIt 00043'07" EAST ALONG SAID WESTERI,Y RIGI IT-OF.WAY 1.INF. A DISTANCE OF 505.65 FEET; TItENCF. I.EAVING SAID Wt:.STERI. Y I.INE SOUTI! 89o16'53" WEST FOR A DISTAN('I:. OF 55.53 FI'.'ET TO A POINT OF CURVATLIRE: T} IENCE N()RTttWESTERLY ALONG SAID CURVE, CONCAVE NORT! I!!ASTIiR[,Y, ItAVIN(} A RADIUS OF 250.00 FEET, A CENTRAl, ANGI.E OF 62o55'02.. F()R AN Ail(' I)ISTANCI.~ OF 274.53 FEET TO A POINT OF INTERSECTION WITil A NON-TANGENT l. INli; Tt I ENCE SOUTtt 00°09'30'' TttENCE NORTil 89o50'30" TItENCE SOtJTII 00o09'30'' Ttt[:.NCE NORTtt 89o50'30'' TttENCE SOUTtt 00o42'02" OF BFGINNING; WEST FOR A DISTANCE OF 63 i.93 FEET; WEST FOR A DISI'ANCE OF 154.92 FEI/T; WEST FOR A DISTANCE OF 5.00 FEET; WEST FOR A DISTANCE OF 801.92 FEET; EAST FOR A DISTANCE OF 1210.87 FEEl'TO TItE POINT CONTAINING 244.233 ACRES OF LAND, MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. PARCEL NO. 2 A PARCEL OF LAND LYING IN SECTION 21, TOWNSHIP 48 SOUTII, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, SAID PARCEL OF LAND BEING MORE PARTICI. II.ARI.Y DESCRIBED AS FOLLOWS: COMMF, NCING AT THE NORTHEAST CORNER OF TIlE SOUT11EAST QUARTER (SE 1/4) OF SAID SECTION 21; TIIENCE SOUTtt 89°50'41'' WEST AI,ONG TIlE NORTIIERLY LINE OF SAID SOUTItEAST QUARTER (SE I/4) FOR A DISTANCE OF 818.47 FEET; TItENCE LEAVING SAID NORTHERLY LINE NORTIt 00041)'47'' WEST FOR A DISTANCE OF 12.87 FEET TO AN INTERSECTION WlTIt TIlE NORIItERLY LINE OF WAI.KERBILT ROAD, TI IE POINT OF BEGINNING OF TIlE ttEREIN DESCRIBED PA RCF, I, NO. 2; 3 TItENCE SOUTtt 89°2 !'48" WEST ALONG SAID NORTIlERLY LINE FOR A DISTANCE OF 356.00 FEET TO AN INTF. RSECTION WITtl A LINE PARALI,EI. WITtl TIIF. WESTF. RI.Y RIGit'F-OF-WAY I.INF. OF TAMIAMI TRAIl. (lI.S. 41. S. R. 45 ); TItF. NCI~ I.F. AVING SAID NORTIIERI,Y I.INE NORTll 00°40'47'' WEST AI.()NG SAIl) PARAI.I.EL I.INF. FOR A I)ISTANCE OF 599.13 FEET TO AN INTERSECTION WI'FI! TI SO! ITt IERI.Y t.INF. OI' Ill II.KI lEAD I.INE NO. 3, AS RECORDED IN PI.A'F BOOK I, PA(ii..' 16, PUBI.IC RECORI)S ()F COLLIFR COUNTY, FLORIDA, BEING A I'OINT OF INTF. RSt.~CTION WITtl A NON-TANGENT CURVE FROM WItICll TIlE RADIUS POINT BEARS NORTlt 20°56'08" EAST; 'I'Ilt£NCF. EASTF. RI.Y AI.{)NG SAID SOUTtlERI.Y I.INE AND AI.¢)NG SAID CURVF.. CONCAVE NORTIlERI,Y. ilAVING A RADIUS OF 400.00 FEF, T, A CF. NTRAI. ANGI.Ii OF 53°0Y24'' FOR AN ARC DIS'FANCE OF 370.41 FEETTO A POINT OF INTERSF. CTION WITil A NON-TANG}.~NT I.INE WIlICII IS PARALLEL WITIi TifF. AFORF. SAII) WF. STI.iRI.Y RIG}IT-OF-WAY LINE OF TAMIAMI TRAIL (U.S. 41. S. R 45); TttF. NCE SOIJTtt 00040'47.. EAST ALONG SAID PARALI,EI, I.INE FOR A DISTANCE OF 630.00 FEF. T TO IItF POINT OF BEGINNING; CONTAINING 4.790 ACRF. S OF I.AND, MORE OR I.ESS. SUBJt..'CT TO EASEMENTS AND RESTRICTIONS OF RECORD. PARCEl, NO. 3 A PARCI'~I. OF I.AND I.Y1NG IN SECTION 21, TOWNSIlIP 48 SOUTll. RANGE 25 EASI'. COLI..IER COUNTY, FI.()RII)A, SAID PARCEl. OF I.AND BEING MORF. PARTICUI.ARI.Y DESCRIBEI) AS FOI.I.OWS: COMMENCING AT TIlE SOUTItEAST CORNER OF SAID SECTION 21; TtlENCE NORTtl 89050'30" WEST ALONG 1'11E SOUTHERLY LINE OF TIlE SOUTIIEASF QUARTER (SI". 1/4) OF SAIl) SECTION 21 FOR A DISTANCE OF 995.63 FEET; TIIENCE I.EAVING SAID SOU'I'ItERLY LINE NORT[t 00009'30'' EAST FOR A DISTANCE OF 100.00 FEET TO AN INTERSECTION WITtt A LINE 100.00 FEET NORTHERLY OF AND PARALLEL WITtt TI IE SAID SOUTttERLY LINE OF THE SOUTItEAST QUARTER (SEI/4) OF SECTION 21, TIlE POINT OF BEGINNING OF TIlE IIEREIN DESCRIBED PARCEI, NO. I; THENCE NORTIt 89050'30'' WEST ALONG SAID PARALLEL LINE FOR A DISTANCF, OF 401.04 FEET; TItENCE LEAVING SAID PARALLEL LINE NORTH 00042'02'' WEST FOR A DISTANCE OF 1210.87 FEET; THENCE SOUTH 89050'30'' EAST FOR A DISTANCE OF 801.92 FEET; THENCE NORTH 00o09'30" EAST FOR A DISTANCE OF 5.00 FEET; TItENCE SOUTIt 89050'30'' EAST FOR A DISTANCE OF 154.92 FEET: THENCE NORTH 00009'30" EAST FOR A DISTANCE OF 631.93 FEET TO A POINT OF INTERSECTION WITlt A NON-TANGENT CURVE FROM WllIClt TIlE RADIUS POINT BEARS NORTtt 62°11'56" EAST; 4 THENCE SOUTHEASTERLY ALONG SAID CURVE, CONCAVE NORTIIEASTERI,Y, ttAVING A RADIUS OF 250.00 FEET, A CENTRAL ANGLE OF 62°55'02" FOR AN ARC DISTANCE OF 2'/4.53 FEET TO A POINT OF TANGENCY; TttENCE NORTII 89016'53.. EAST FOR A DISTANCE OF 55.53 FEET; THENCE SOUTI I 00°4Y07'' EAST FOR, A DISTANCE OF 505.08 FEET; TItENCE TItENCE TItENCE SOUTll 00°09'30'' WEST FOR TItENCE SOIJTlt 45009'30'' WEST FOR THENCE SOUTll 00009'30'' WEST FOR THENCE SOUTll 45o09'30'' WEST FOR TItENCE SOUTIt 00°09'30" WEST FOR TO TIlE P()INT OF BFX~INNING; NORTIt 89°50'30" WEST FOR A DISTANCE OF 442.82 FEET; SOtJTll 45o09'30" WEST FOR A DISTANCE OF 151.26 FEET; A DISTANCE OF 100.00 FEET; A DISTANCE OF 200.00 FEET; A DISTANCE OF 390.00 FEET; A DISTANCE OF 190.00 FEET: A DISTANCE OF 33lt.00 FEET: CONTAINING 111.415 ACRES OF LAND, MORE OR LESS. SUBJECT T() EASEMENTS AND RF_.STRICTIONS OF RECORD. 1.3 PROPERTY OWNERSIIIP The subject property is currently owned by Collier Development Corporation. 3003 Tamiami Trail North, Naples, Florida 34103. 1.4 GENERAL DESCRIPTIONS OF THE PROPERTY The project site is located between U.S. 41 on the eastern border and Vanderbilt Drive on the western border, lying north of l ! lth Ave. and south ofthe Cocohatchee River. The zoning classification of the subject property prior to the date of this approved PUD document was PUD Ordinance No. 90-45 and A - Agricultural. 1.5 PI IYSICAL DESCRIPTION The project site is a mixture of range land, upland forests, barren land and wctlands, The wetlands border the Cocohatche¢ River to the north. Several small isolated seasonal wet prairies are found on the site. Elevations range from 3.0 to 10.0 feet with the highest elevations on the southeast comer of the property which from there slopes downward to the northwest and the river. The soils arc a species of fine sands (Am. ell, Charlotte, Immokalee, and St. Lucie) and mangrove swamp ALONG the river. 1.6 STATEMENT OF CONSISTENCY WITH TIlE GROWTIi MANAGF, MENT PI, AN The development of Collier Tract 21 as a Planned Unit Development is consistent with thc planning goals, objectives and policies of Collier County's Growth Management I'lan and complies with pertinent implementing ordinances. This PUl) represents a reduction of density, intensity and resultant impacts from tile 800 dwelling units authorized in Ordinance No. 90-45 to no dwelling units. The 3.4 acre Commercial Tract "C" is considered to be within tile Activity Center by virtue ofthe Activity Center 75% Rule ofthe Future Land Use Element, and is, therefore, consistent with the Growth Management Plan. Tract "C" is a portion of Parcel 3, a separate tax parcel that includes and overlaps the Activity Center, which is legally described in Section 1.2 ofthe PUD document. Consistency with the goal requiring we_Il planned and compatible land uses and objectives which establish density levels are designated in the plan. The proposed project furthers these standards including the use of creative PUD design with useable open space and cluster housing. 1.7 S! IORT TITI.E This Ordinance shall be known and cited as the Collier Tract 21 P.I/.D. 2.1 PURPOSE SECTION II PROJECT DEVELOPMENT REQUIREMENTS 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 ,.veil as other project relationships. 2.2 GENERAL Co Eo Regulations for development ofthe Collier Tract 21 PUD shall be in accordance with the contents of this document, PUD-Planned Unit Development District, applicable sections and parts ofthe Collier County Land Development Code and Collier County Grovah Management Plan in effect at the time of local final development order building permit application. Where these regulations fail to provide developmental standards, then the provisions ofthe most similar district in the Collier County Land Development Code shall apply. Unless otherwise noted, the definitions of all terms shall be thc same as the definitions set forth in the Collier County Land Development Code in effect at the date of adoption of this PUD. All conditions imposed and graphic material presented depicting restrictions for the development of the Collier Tract 21 PUD shall become part of the regulations which govern the manner in which the PUD site may be developed. Unless specifically waived through any variance or waiver provisions from any other applicable regulations, the provisions ofthose regulations not otherwise provided for in this PUD remain in full force and effect. 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. County open space requirements are deemed satisfied by the golf course, and no separate open space requirements shall be applied to the Commercial Tract. 2c3 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES Ao Co The project Master Plan is illustrated graphically by Exhibit "A", PUD Master Plan. There shall be four (4) land use parcels. The master plan also includcs water management systems. The project parcels will be grouped according to the following land use categories: band Use Tract.5 "G": Gol f course, 4-170.5 acres Commercial, 50,000 square feet of gross leasable area/one hundred (100) hotel or motel rooms, 4-3.4 acres "I.": Lake, 4-29 acres "RS": Reserve,~64.5 acres TOTAl. 4-267.4 acres In addition to the various areas and specific items shown in Exhibit "A', easements such as (utility, private, semi-public, etc.) shall be established and/or vacated within or ALONG the property, as may be necessary.. Minor modifications to Exhibit "A", may be permitted at the time of Site Development Plan approval, subject to the provisions of Section 2.7.3.5 of the Collier County Land Development Code or as otherwise permitted by this PUD Document. 2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS Exhibit "A", PUD Master Plan, constitutes the required PUD Development Plan. Except as otherwise provided within this PUD Document, any division of the property and the development ofthe land shall be in compliance with the Subdivision Regulations and the platting laws of the State of Florida. The provisions of Division 3.3, Site Development Plans of the Land Development Code, when applicable, shall apply to the development ofall 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. 8 2.5 2.6 Co Appropriate instruments will be provided at the time ofin£rastructural improvements regarding any dedications and the methodology for providing perpetual maintenance of common facilities. AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD as provided in Section 2.7.3.5 of the I,and Development Code. Prior to the recording of any Record Plats, final plans of the required improvements shall receive the approval of all appropriate Collier County governmental agencies to insure compliance with the Master Plan, the County Subdivision Regulntions and the platting laws of the State of Florida. I.ANDSCAPE BUFFER There shall be a 15 foot vegetative buffer provided along U.S. 41, ii Ith Avenue North, Walkerbilt Road and Vanderbilt Drive at the project boundaries. Within this buffer, project landscaping, including a combination ofwalls or fences and berms up to 14 feet in height, no more than 8 feet ofwhich may be wall or fence shall be allowed. Ifa parallel road is constructed along U.S. 41, there shall be no separate or additional landscape buffer requirements applied to said parallel road. 3.1 SECTION III COMMERCIAL PURPOSE The purpose of this section is to identify specific devdopmenl standards for the area to be developed on Exhibit "A" as Tract "C" Commercial, 3.2 MAXIMUM SQUARE FOOTAGE A maximum of 50,000 square feet of gross leasaole area may be constructed on Tract "('" Ifa hotel with accessory uses is developed on Tract "C", thc nmximurn square footage shali be reduced by 225 square feet for every hotel room. 3.3 USES PERM'ITTED No building or structure, or part thereofshall be erected, altered or used, or lands used, in whole or part, for other than the following: A. Principal Uses All uses allowed as permitted and conditional uses in the C-3 zoning district. ttotels and motels not to exceed I00 units. 3. Any uses permitted on GolfCourse and Lake Tracts. 4. Any other use which is comparable in nature with the foregoing uses which the Planning Services Manager determines to be compatible in this district. Accessory Uses Customary accessory uses including meeting rooms and sit down restaurant for hotel and motel. 10 3.4 DEVELOPMENT STANDARDS ho General: All yards and setbacks shall be in relation to individual parcel boundaries, Minimum Lot Area: I0,000 square feet. C. Minimum Lot Width: 75 feet D. Minimum Yards: Front yard: 25 feet; 30 feet on U.S. 41 plus $ feet for each story in excess ofonc story. Side yard: 15 feet. Rear yard: 15 feet. Any yard abutting a residential parcel: 25 feet. E. Minimum Floor Areas: 700 square feet. [2. Off-Street Parking and Loading Requirements: As required by Collier County l.and Development Code in effect at the time ofsite development plan application. G. Maximum Height: I. Principal and accessory structures - 50 feet. Access: Motor vehicle access to Tract C, which shall also serve as the access to thc golfcourse and club house, shall be limited to one access point on U.S. 41 that lines up with the northern entrance to Riverchase Shopping Center. This common access point will be signalized by the State of Florida Department of Transportation ("FDOT") pursuant to a settlement agreement with the current property owner. 11 4.1 SECTION IV GOLF COURSE AND LAKES PURPOSE The purpose ofthis Seclion is to set forlh the regulations for the areas designated on Exhibit "A" as Tracts "G" Golf Course and Tracts "Io" 1,ake. 4.2 USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures Gol fcourses, biking, hiking, canoeing, and nature trails, bridges, boardwalks and overlooks. Parks, tennis and racquetball courts, basketball courts, exercise courses, and swimming pools, and any other community neighborhood recreational facilities. Community recreation center buildings, recreational shelters, gazebos, clubhouse, restrooms, and wildlife sanctuary/management areas. Water Management and essential services facilities, landscape buffers, berms, and walls or other permitted treatments as in this PUD. Any other recreational and open space activity or use which is similar in nature with the foregoing uses and which the Planning Services Director determines to be compatible with the intent of this district. 6. Gates and gatchouses. 7. Child care centers, if authorized by Members. Utility facilities including a reverse osmosis facility or similar facility used to treat and/or produce water for irrigation of the golf course, golf course maintenance and golf cart storage facilities. 9. Sales Center for golfcourse memberships. 12 12C Permitted Accessory Uses and Structures Accessory uses and structures customarily associated with thc uses permitted in this district, provided that the clubhouse building shall not exceed 60,000 square feet. 2. Essential services and facilities, including irrigation pumphouses and facilities. ' 3. Caretakers residence. 4. Sales offices/centers and property management offices. 5. Temporary construction office. 4.3 DEVEI.OPMENT STANDARDS Co D. E. F. G. ()verali site &sign shall be harmonious in terms of landscaping, enclosure of structures, location of access streets and parking areas and location and treatment of buffer areas as determined by site development plan regulations. Il. I. Buildings shall be set back a minimum of twenty five (25) feet from right-of-way. and 15 feet from any property lines. Lighting facilities shall be arranged in a manner which will protect roadways and neighboring properties from direct glare or other interference. Maximum height of structures: Fifty (50) feet. Minimum distance between principal structures: Fifteen (I 5) feet. Setback fi.om lakes: Twenty (20) feet. Minimum standards for parking, landscaping and lighting, shall be in accordance with applicable Collier County regulations in effect at the time of site development plan application. The GoifCourse and Lake Tracts need not be platted. The Golf Course Tract lying north of Walkerbilt Road shall be subject to the following standards if any structures are constructed thereon: 13 Masonry wall or Similar pre-fabricated wall at least 8 feet in height along the east and west property lines and set back at least 10 feet from said property lines. Within said east and west setbacks, exterior to the walls, canopy trees at least ! 2 feet in height shall be planted twenty-five (25) feet on center. Along the south property line, except for any driveway, a fifteen (15~ fo,It landscape strip shall be installed to provide a 100% opacity rating within one ( 1 ) year of installation. 14 5.1 PURPOSE SECTION V RESERVE AREA Reserve Area- The purpose is to preserve and protect vegetation in its natural slate and allow limited recreational uses. It is designated Tract "RS" Reserve on Exhibit "A." 5.2 USES PERMITTED No building or structure or part thereof, shall be erected, altered or used, or land used, in whole or in pan, for other than the following: A. Principal Uses Open spaces/nature preserves, gol lean tee boxes and gol fcourse bridges and paths. o Small docks, piers or other such facilities constructed for purposes of recreation for members of the project. 3. Passive recreation: hiking trails, boardwalks, overlooks. 4. These uses will be subject to receipt of appropriate permits. 15 6.1 2C3 SECTION VI GENERAL DEVELOPMENT COMMITMENTS PIJRPOSE The purpose of this Section is to set forth the general commitments for development ofthe project. 6.2 P.U.D. MASTER PLAN All facilities shall be constructed in accordance with final site development plans, final subdivision plans and all applicable state and local laws, codes and master regulations except where specifically noted. The PUD Master Plan (Exhibit "A") is an illustrative preliminary development plan. The design criteria and layout illustrated on the Master Plan and the exhibits supporting this project shall be understood as flexible. Master Plan design changes shall be permitted subject to County staffadministrative approval, when subject changes are consistent with the intent of site development plan and subdivision master plan requirements of this project. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities. Agreements, provisions, or covenants which govern the use, maintenance and continued protection of the PUD and common areas, will be provided. 6.3 6.4 SOLID WASTE DISPOSAL Arrangements and agreements shall be with the approved waste disposal service to provide for solid waste collection service to all areas of the project. TRANSPORTATION A. Golfcourse maintenance/service driveways shall be permitted on Vandcrbilt Drive, I I 1~ Avenue and Walkerbilt. 16 6.5 The developer shall provide street lighting at the project entrances, but lighting shall not be required for maintenance/service driveways, I fgate houses are to be used, they shall be located so as not to cause entering vehicles to be backed up onto any State or County road. D. Road impact fees shall be in accordance with tl~e schedule contained in Ordinance 92-22, or as it may be amended, and shall be paid at the time building permits are issued unless otherwise approved by the Board of County Commissioners. WATER MANAGEMENT Co Ho Detai led site drainage plans shall be submitted to Project Review Services Ibr review. No construction pemfits shall be issued unless and until approval of tile proposed construction in accordance with the submitted plans is granted by Project Review Services. Design and construction ofall improvements shall be subject to compliance with the appropriate provisions of the Collier County Land Development Code. An Excavation Permit will be required for the proposed lake(s) itl accordance with Division 3.5 of the Land Development Code. A Conceptual permit from South Florida Water Management District or, a copy of the permit application with supporting information submitted to South Florida Water Management District and all subsequent correspondence shall be provided prior to construction plan approval. Petitioner shall provide evidence by appropriate computer modeling and profile plotting that the existing hydraulic grade line of the Naples Park North Drainage Basin Outfall north of !11'~ Avenue will not significantly impacted by the installation of the culvert pipes and lake system in the proposed modified Basin Outfall across this proposed golf course project. 6.6 ENVIRONMENTAL Petitioner shall be subject to Division 3.9, Vegetation Removal, Protection and Preservation of the Land Development Code. A site clearing plan shall be submitted to Current Planning Environmental staff for their review and approval prior to any substantial work on the site. This plan may be submitted in phases to coincide with the development schedule. Thc site clearing plan shall clearly depict how the final site layout incorporates retained native vegetation to the maximum extent practical 17 Eo 12. tt. and how roads, buildings, lakes, parking lots, and other facilities have been oriented to accommodate this goal. Native species shall be utilized, ,,','here available, to the maximum extent possible in the site landscaping design. A landscaping plan for the commercial tract will be submitted to Current Planning Environmental staff for their review and their approval. This plan will depict the incorporation ofnative species and Iheir mix with other species, ifany. The goal of site landscaping shall be the re-creation of native vegetation and habitat characteristics lost on the site during construction or due to past activities. All exotic plants, as defined in the County Code, shall be removed during each phase of construction from development areas, open space areas, and preserve areas. Following site development, a maintenance program shall be implemented to prevent re-invasion of the site by such exotic species. This plan, which will describe control techniques and inspection intervfils, shall be filed with and approved by the Currenl Planning F. nvironmental staff. F'ursuant to Section 2.2.25.8. ! of the Land Development Code, if. during thc course ofsite clearing, excavation or other construction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protect thc discover)' shall be immediately stopped and the Collier County Cc, de F. nforcement Department contacted. Any future proposed dock construction shall comply with thc Florida Department of F. nvironmcntal Protection (DEP)/Collier County Manatee Protection Plan. If turkey oaks are discovered during tree removal permitting, they shall bc transplanted to the upland preserve areas or utilized in project landscaping. Environmental permitting shall be in accordance with thc State of Florida Environmental Resource Permit (ERP) rules and regulations, as well as the U.S. Army Corps of Engineers §404 Permitting Program. Removal of exotic vegetation shall not be the sole means ofmitigation for impacts to Collier County jurisdictional wetlands. All conservation shall be recorded on any required plats with protective covenants per or similar to §704.06, Florida Statutes. In the event platting is not required. conservation easements shall be recorded for such areas, subject to uses and limitations similar to or per Florida Statute Section 704.06. Conservation areas shall be maintained by the golf club, and these areas shall be dedicated to Collier County on plats or casements, as applicable, with no responsibility for maintenance. 18 Jo Buffers around wetlands shall be in accordance with the ERP issued for this project. Current Planning Environmental Stafrshail be provided with copies of U.S. Army Corps of Engineers permits prior to any construction occurring in jurisdictional areas addressed by such permits. Construction or early work permits from the South Florida Water Management Disldc! shah be presented prior to Final Site Plan/Construction Plan approval. Petitioner shall coordinate protected wildlife species issues through thc ERP and CORPS §404 permit review process and comply with the guidelines and recommendations of the U'.S. Fish and Wildlife Service and Florida Game and Freshwater Fish Commission. Where a protected species occur on site, a l[abitat Management Plan for those protected species shall bc submitted to Current Planning and Environmental Stall' for review and approval prior to Final Site Plan/Construction Plan approval. 6.7 FIRE PROTECTION Tim project development shall comply with all applicable fire codes and regulations. Fire hydrants shall be installed in accordance with current regulations at the time ofconstrucfion. 6.8 ENGINEERING AND UTILITIES ho Work within Collier County right.of-way shall meet the requirements of Collier County Righ~-of-Way Ordinance 82-91. Co Water distribution, sewage collection and transmission and interim water and'or selvage 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. All customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accordance with the County's established rates. Construction drawings, technical specifications and all pertinent design information shall be submitted, in accordance with Collier County Ordinance 97-17 or amendments thereto, and shall be approved prior to the issuance of development construction approval. 19 6.9 DEVELOPMENT SEQUENCE AND SCItEDULE The property is to be developed over an estimated 4 year time period. This projection of project development is no more than an estimate based on current marketing knowledge. The estimate may, of course, change depending upon future economic factors. 6.10 EASEMENTS Easements shall be provided for water management areas, utilities and other purposes as required. 6.11 LAKE SITING As depicted on the P.U.D. Master Plan (Exhibit "A"), lakes and natural areas have been preliminarily sited. The goals are to achieve an overall aesthetic character tbr the project, to permit optimum use of the land, and to increase the efficiency of the water management network. "Accordingly the pertinent setback requirements described in Ordinance No. 88- 26, Section 8A may be reduced with the approval of the authorized County official. Fill material from the lakes are planned to be utilized within the project. However, excess fill material, up to 10% ofthe total or a maximum of 20,000 cubic yards may be removed and utilized off-site subject to the requirement of Ordinance No. 88-26, including but not limited to traffic impact fees, etc. Removal of material in excess of 10% of total or maximum of 20,000 cubic yards must meet the requirements of a commercial excavation per Ordinance No. 88-26." To assure site specificity, construction plans must be submitted with excavation permit submittal, 6.12 SIGNAGE The developer intends to create a uniformly designed special signage and identification system including, but not limited to, subdivision and entrance signs for the project to compliment the intended development themes and architectural styles. Project identification signs shall be allowed at the principal project entrances to the PUD at U.S. 4 I. These may not exceed one hundred and fifty (I 50) square feet in total area at each entrance and shall not exceed a height of fifteen (15) feet above the established grade. Additionally, project entrance signs announcing the names of the planned golf course and commercial site shall be allowed. Each identifiable project development shall be allowed one project entrance sign, not to exceed an area of eighty (80) square feet and a height often (10) feet above the established grade. 12C , Utilization ofthc public rights-of-way for landscaping decorative entrance ways, and signage shall be reviewed and approved by the Transportation Director prior to any installations. 6.13 ESSENTIAL SERVICES Essential services are considered as an acceptable permitted use on all land usc categories v,'ithin the project as approved via the site development plan approval process. 6.14 ROADS The entrance to the golfcourse club shall be a driveway and not subject to the provisions of Land Development Code Section 3.2. Roads within the commercial tract ofthe development may be either public or private roads. depending on location, capacity, and design. Gating and/or gatehousc may be located on driveways or private roads only. 6.15 PERIMETER TREATMENTS The perimeter o fthe project is intended to be buffered/screened from adjacent properties and rights-of-way by combination ofany or ali ofthe following; vegetative buffers, berms, walls, fences or other materials in keeping with the aesthetic theme and quality of the proposed project. Additionally, it shall be allowed that gazebos, towers, arches, fountains or other architectural monuments be incorporated within the perimeter treatment and that setback and height restrictions shall be waived on these architectural elements, subject to review and approval of the County Engineers as they pertain to setbacks from rights-of-way and line-of- sight traffic requirements. The buffeting/screening of the perimeter of the project shall be of such design that it will allow the runoff to flow as designed by the water management system. G:xUSERS~-ANA~,WPSLSECT1ON.21%eUD REV 1026.WlXl October 27. 1998 21 Naples I/lA FACSLSHLE AND ILIND DELI~/ER Y December 2, 1998 POSt Or,,et Box ~833 ?¢~t~-CNC '850~ 222 720, TCLgCO~'t" ~850~ 56~ 5uN ra~St B u,~o,~o ~AU~I~ 0A~ Om,vt. Su,tt ~OSt Orr,ct 80. 7~7 RE: Petition No. ['tJl')-08- 13 th)llier Tract 21 Dear .',.Ir. Fernandez: This letter is to request that the abovc rcfcrcnccd PUD Amendment Application which ,,,,'as to be considered b} Board of County Commissioner.,; at their hearing on December 8. 1998. be continued for one week to the mee of December 15, 1998. _ As you probably remember, this matter was previously continued from November 24.1998. to allow us to '.vork ~ Count.,,' Staff in an effort to increase the effluent supply in order to provide irrigation water to this project appears that '.ve have reached agreement with the County Staffon this issue. I {o'.vc'.'er. because of the Thanksgh holiday, we ha'.'e been unable to formalize the Agreement and allow sufficient time for revie'.v by County Staff the Count.,.' Attorney's Office. and still meet the December 8u' hearing date. We are no,,,.' proposing that both effluent agreement and the rcZoning be heard on the December 15. 1098 calendar of the Board of Cou Commissioners. Since i realize the December 15, 1998 meeting date is not a normal date tbr consideration of land use matter contacted Chairman Barbara Berry regarding this. She and I both think there are extenuating circumstances, nam, the Count.,,. Commission will not meet again until January, the matter under consideration is a downzoning, is n. controversial, and presently scheduled for the Summary Agenda. and needs to be considered at the same meet with the effluent agreement. [ would appreciate it if you would bring this matter to the Board's attention on Tuesday. and ask them to conti= this matter and have it scheduled for a hearing on December 15.1998. Ifyou have any questions, please do not hesitate to contact me. Thank you for .','om' cooperation in this matter Si~:y, ours. Ge orrk%~~.,~ ~.,usE~^,w,e.~,uo,mv,,, COLLIER CO COXXt'NIT¥ ~OOl 12C3 ~EVELOPI~ENT SF~iVICI~S DEPARTMENT PLANNING SERVICES SECTION DATE: TO: FROM: SUBJ: December 29, 1998 Clerk to ~CC Office Cecilia M~rtin, Planning Tech II Planning S~rvtces PUD-98-13 Collier T:act 21 Please advertise th~ above referenced petition for the BCC meeting on January 26, 1999. This was continued inde£initely at the December 15 meeting. It has gone past the 5 week advertising time limit, there£ore it. w~]] n~ed tn be readver~ised. CC: PUD-98-13 Adv. File Conni~ Johnson Barbaza Pedone 12C3 DEVELOPMENT SERVICES DEPARTMENT PLANNING SERVICES SECTION MEMORANDUM DATE: TO: FROM: ' D S J~J: December 29, 1998 Clerk to BCC Office Cecilia Martin, Planning Tech II Planning Services ?UD-98-13 C,'~llier Tract 21 Please disregard previous memo requesting this petitioI~ be advertised for the 1/26/99 BCC meeting. The status still continued indefinitly. CC: PUD-98-13 Adv. File Connie Johnson Barbara Pedone RESOI.UTION NO. 9g- 488 '~ ~ ,~ ]. ~ · RF. SOI.UTION AUTltORIZING FINAl. ACCEPTANCF. ()F TItOSI! ROADWAY., DRAINAGE. WATER AND SF. WF.R IMPROVEMENIS IN QUAIl. WF. ST UNIT ONE. REPI.AT BI.OCK C. SECOND ADDITION RELEASE OF TIlF. MAINTENANCE SECURITY, AND ACCEPTING TIlE MAINTENANCE RESPONSIBILITY' FOR TIlE ROADWAY, DRAINAGE, WA'rER AND SEWER IMPROVEMENTS TllAT ARE NOT REQUIRED TO BF. MAINTAINED BY Tile ItOMEOWNERS ASSOCIATION. \Vt l F. RF. AS. thc Board of ('ountv Commissioners of('ollicr ('ountv. I"hmd:~. on July 23. 19% approved thc plat of Quail \Vesl I.inil Ont, Replal Block ('. Sccoml i~ddilion for recording; ;uld WIll:RI:AS. thc developer has constructed and maintained thc road,,vav, drainage. and sewer inlprovcmcms in accordance wilh Iht approved plans and spccilicat]ons and required by thc/.and Dcvclopmcnl ('ode fi'oilier ('otmtv Ordinance No. 91-102. and thc Utilities Standards and I~roccdurcs Ordinance ((~llicr ('ounty ()rdinancc No. 07-17). and \VI II{RL:AS. thc developer has now requested final acceptance of thc roadv,';,y, drainage. water and sewer improvements and release of Ills nlai~ltcna~lce security; ;md \Vtt ER EAS. the Compliance Services Section of'the Dcvclopmcnt Services Department has inspected the roadway, drainage, water and smvcr improvements and is rccommcntlinu acceptance of said facilities. ~ NOW, TIIEREFORE, BE IT RFSOLVED BY TilE BOARD OF COUNT'f COMMISSIONERS OF COLI. IER COUNTY. FLORIDA. lhat filial acccplallCe hc granted for those road,,vay, drainage, water and sewer improvements in Quail West Ihfil ()nc. Rcplat lllock ('. Second Addition and authorize tilt2 ('lcrk to release Iht maintenance security. BE IT Fl.'RTl II'.'R RESOI.VED AND ORDERF. D thal thc ('ountv accept thc fi~lurc mailllC/liUlCC anti other attendant cosls Ibr thc roadway, drainage, water and scxvcr improvements that arc not required lo bC mamlaincd by thc homco~ncrs association. This Resolution adopted after motion, second and majority xote I'avormg same. AT'FI<SI': D",VIGIJT L". IIRO(.'K. CLERK Approved as lo fom~ and legal sufficiency: l lcidi f:. Ashlon Assislant Collier ('ounty Attorney BOARD OF ('Ot/N'I'Y ('()MMISSI()NERS COLLIER COUNTY. FI.ORII)A RESOLUTION NO. 98',189_ RESOLUTION AUTIlORIZING FINAL ACCEPTANCE OF TllOSE ROADWAY. DRAINAGE, WATER AND SEWER IMPROVEMENTS IN ISLAND COVE, REI.EASE ()F Till! MAINTENANCF. SECURITY, AND A('('I!P'I'IN¢; TI IE MAINTENAN('E R tiSPONSIBI LITY FOR 'FI IF. ROAI)WA Y. I)RAINA(iI~. WATER AND SE~VI!R IMPROVEMENTS TItAT ARE NOI RI!QtJIREI)T() II1! MAIN'FAINED BY TI IF. i lOM EOWNIiRS ASSOCIATION. WI I [! R EAS. tile Board o1' County ('onmfissioncrs o1' ('olIicr ('ou my. Florida. March 12. 1996 approved the plat of Island Cove fi, r recording: anti WIt[:.RI'~AS, thc dcvclopcr has construclcd and maintained thc roadway, drainage. water and sewer improvements in accordance with the approved phms and spcci fications and ils required by thc Land Development Code {Collier Cotmty Ordinance No. 91- as amended); and the Utilitics Standards and Proccdurcs Ordintmcc {Collier County Ordinancc No. 97.17), and \VI tEREAS, thc developer has now requested final acceptance of tile roadv,'av. drainage, water and sewer improvements and release of his maintenance security: an~l \VI tEREAS, the Compliance Se~'ices Section of Ihe l)cvclopmcnt Sen'ices Department has inspcclcd thc roadway, drainage, water alld sewer improvements and is rccommcnding accept:race of said filcilitics. NOW, TIIEREFORE, BE IT RESOLVED BY TIlE POARI) OF ('OUN I'Y COMMISSIONERS OF COLLIER COUNTY. FI.ORIDA. that Iinal acceptance bc granted for those roadway, drainage, water and sewer improvements in Ishmd ('ore. ami at,thorizc thc ('lcrk to release thc maintenance security. lie IT I'tJRTIIER RF. SOI.VED AND ORDF. RED that the County accepl thc ['uturc maintenance and other attendant costs fi'~r thc ro.'ldway, drainage. ~ atcr and scxvcr improvements that are not required to bt maintained by thc homcoxvncrs association This Rcsohtlion adopted allcr motion, second and ,mgorily ,,'otc fiworing same. r ,XTE: t&lts[% AT'rE'ST: DWIGItT E. BROCK, CLERK Approved as to I'oml and legal su ~ciency: lleidi F. Ashton .-\ss~stan! ('oilier County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA I)I.iP ('()N I'R..',,('T ,X'(). · ,\,\II'LX'I.),',.II.iNT Nr ) I I lti~ ('()N'I'P,:\('T ;l~. cnlcrc,.t Into on Ibc ~,'Sd'~ duy r,f ()cmh,..r. 1997 hulv,'¢cn d',..' FI,()RII),,\ I)I!I',,\R I .\II!N I ()1: I,iX'\,'II,~(),x,',\ii,~NT/\i' PR()'I I!("11()N (l~c~,.'inaftcr r',:fcrrc,.I Io :1¢, Ih,.' "l)':parlnl,,.,nl") and die (.'()I.I.II(R ~'()IiN'I"V I~(),,\RI) ()1: ('()I'NIY ('().\I~II>.;NI(),X'I.',p,N (hur,,:lr~;ifl,..,r rclL'rr.,.'d Io ;.r-; "( '11111 I';IC Illl'" )i ,, i1Ci'Ct~,V I'il'l'CCllVC ()ctohcr ], [gUY,, or lilt ~.ILIIc oI' c.\c,...'HllOll ~)1' .\~ncmJm',.'llt .'X'~'~. I, wJlicJl,,.'vcr (J~llC i~ Jalcr, lilt Ibr:~raI'~h no. ,X.,.\, ('ulc~urv I - ,\Imla~Clllmll of Iht tqc-,'\pprovaI, X'oI~.l n kr;.mv\"ohmmry purllon ~I' Iht J)cIro[ctllll ('Oil ~lllllll;l[iO 1 ('lU;llltl['~ ]~l'o~rJ[ll and ~lillC ('lC[lllllll Projccl ,~]-'lllal.~ClllCl/l, 15 hcrctw rc~cd Io mciu~lc Ibc I~lhm'~n~; ' ,\[] Ir:.tvc[ :~i~,.] ir,,,.'~]c:~,::l[ c',;?ct'r,,,.',~ I',~r 1he (',,ntr;1clo:' ,::~., inclm,],.',,[ rtl thc (';~,t¢~ory ..\ll;t.,:hrm.,iT[ l) - Nch,..'~hzlc oF R:lh...,, I~u' ('~dllcr ('t'qlllt.V. I~ hereby dclclc,I III IlK ¢lllll'utv. Ill ;IJl OtJltl:' I'C>;pCCI.s. thc ('Olltr.~icl of' \'.. J'iicJl Il'q,; IK :ltl .'\Ftlcr~,JIIl¢llI, ;llld ;lltaC llllClll~. I'~.'I;.IIJvc tJlcrch~, sh;lJJ EL'Ill:Jill I[1 !'HIF f','r,,.'C ;!ih] cl'I',._'Cl. ' IN \VI I'.X,l.iSS \VIIILRI.i()I:. Ibc l',arIIc,, hu,.c cau,,o.t lhi,, .'\mm~dmmu Io he duly cxcculcd linc duv mid VC:.I/' J..l~,I \~. /'IIiL'II t'~Cltl\\', ('()l.[ r ('()[ X'IY i~,()..\I,~l) ()t. ('()1 'N I'Y ('().\I \1 IS.SI( I'l ( )I,:ll),,\ I)IiI'.,\RT,NIIiN'i' ()F I'.X'\ IR()N.\II.,N IAI. I:'R()'I'I,X' I I()N ( h~cl, Jlt~rcnt~ of' PctroJctlfll ,'~tor;.l~, ~vslcrll,~ J );IIC ii[il[TM onlr;.tctx ..\~ AI'I'N( '1!/) ;.is h~ li'~rm ,:llll. l Icmllitv: l)lil' DEP ('ontract No. (;('$3(). ,,\mcr,,lmcnl No, I, F'a~c I of I FDEP Contract Number: GC 530 Contractor Name: Contract Manager: ~; ¢.o.rg~_yj[m az' FDEP Contract Manager: J%"LmP~rJdg.~'.r] Task Description' TASK ASSIGNMENT NOTIFICATION CATEGORY I SERVICES ; ,Fi.,.,' ., Task Assignmq.rli/~,~ ~m,t~,e~r.j ii F,', L' i ,.'. 1 Collier County Pollution Control Department SEP ~ ~ ';I, ,'-:,,, .~. ' i~,L I~,~ Phone ~." (Uso addilional pages if necessary) Perform Categoryl petroieumcontamination site cleanup services on 24 petroleum contaminated sites and as described in Attachment A, Scope of Services of FDEP Contract GC 530. Deliverable: Con;pletion of all activities, docL men!s, letters, data entry, etc., per Scope of Services listed in Attachment A of FDEP Contract GC 530 Task Assignment Type' Amount Not To Exceed Fee Schedule Total Task Assic2nmer~t Value 558,697.14 558,697.14 Due Date: 122500 I 4710 10.:132 FDEP C,ontr~ct ~',' ...... '~-~-~'~..~,L:. /J.F,.,,.~.~....c//L~ Cost Ce~rAa~,qis'L/:zu.~r . u eau Chief Dat/~ , Date "¢,' 'J Z . -¥ ~" Date 1 ('()N.'C'I'IgI.'CTI()N ..kNI) .~I,-klN'I'EN..~,NCI:. ,.k(;lgEICMENT F()R ~UIII)IVISI()N I ,Xl I' R()\'I']NI I.] N'I'.~ 6A6 Iii .',; ('()NHI'RI:C"I'I()N :md ,'xl.,\IX'I'I.iN..\N('I.i .\(iRI.iIi;XII(NT I"()R ,";t!lll)l\'l,',;l()N (_'o~!!tL!!!.ILiLJc'~. J.ill~ilcd J~;ll'll'iuFSh~!: llch.'ill;ll'h:r FCI'CIT',..'d lO ~IS "l)cvcloF, cr" and thc IM:lrd ~1' 't~',lIIl\ ( '~l~ll!ll'q:qiL'qlCl'.'q ~l'(.'~iiJcr ('~,.,~l,,. l"l~,'i,.l'J, hCI'L'iIILII'IcF r,..'lL'rrcd lo ;is thc "lM',u'cl". RI '( '11 .,\ 1 .,'.;: I)i',i.~i,,,~ q.2 of tile ('oilier (',)unix l.Hnd I)c,,',.:l~pmcr:t ('o:.{c rcqtlircs thc l)cvch)pcr p,,:,t Ul'T>r:,l'>riLttc gt~ar:Hm.'cs I'~r [ii:' ,.',,nNtructit~ ~I' thc imprt)vcrncnts required bv ct~nslruction OJ' Ibc FCqtlircd illlJ'll'O:'UlllClll.q. N()V\'. I'Itl'iI;,['it:()RI(. itl cunsMcr;ition of thc l'on...F,,in~ premises ,:tlld muttml COVCIIH('I!,.'; hcrcill;ll'tcr set l'~u'th. I)cvclol-,cr and thc lbeaM ch, hcrcb.x ,.'OVCll.Hllt ;ltld ;tgrcc as l'ollcm,'s: 2. l)cvclol'>cr hcro. vith Icr:d,.'rs its subdivisic:n p,.'rl'orrrmr~cc security (attached I'lcrcto ;Xllh}t. llll rcprcscrits I(Y!.,', of thc tot;il contract cost to conlpl:..'tc cc)nstructic)n plus I()()').;) c)f Iht ,..'slimatc cost to complete tl~.' rccluircd inlprt)\ cHH..'ntS ;it Iht date o{'lhis .'\~l'C'JlllCill. Il: thc C\lk.~[ll (,'}I' (.tclklull b~. tll,._' I):..\clt)l-)cr t)r I}llltll't,.' t)l· thc I)cvclopcr to Ctmlplctc such llli[':ro\clllCllts \\ithiH linc time r::quirc:.] I'w th,.: !:md [)c\'::lol'm.lcrlt code. collier cc)untv sul>smntial completion bv l)c\clol-,cr'.~ engineer ;~l,mg wilh thc l]nal i")rojccl records ha\'c t'>,.:cn I'urnishc,.t to hc rc\'icx\,.:d ;md ;U',provc,.I t',\ thc l)cvch)l-)mcnt .'qcrviccs dirccw, r 5. Iht I)c\'chu-mlcnl Fcr\'iccs l)ircch~r >;lmll. ',,.~tllin sixlv {()Ii) (.lays o1' rc¢cit'-,l o1' thc t l~)\\c\'cr, in no c\,.:nt shall thc l)c\'clopmc~i 5;¢n,'iccs l)in.:¢tor rOI'LISt prcliminarv ri. Ibc l)cvchT)cr shall rn;finn~in all required imr, r,)\.crncrHs l',.)r a rninimLun period of ',,.:;~r rrmintcn;mcc p,.'ri~)d bv thc l),.'\'ch',pcr I'ms I,.'rminatcd. thc I)cvch:)pcr shall pclitit,,n 9. 16 6 linc [),:xcl,~pmcnl Sc:xi,..'cs I)ir,.'clt,r to illspcct Iht r,.:quircd impr,.wcmcnls. Thc I)cx,..'it~p~ltc~lt .'qcr'kiccx I)ir,.'ct,~r ,~r Jllh ,.Icsi~nc,.: shall in.,,pcct thc imprtwcrncnts and. il' I'otlnd lo bc still il.l compli:mcc ,.,.itl.l thc Colli,.:r (_'our%' l.:md Development Code as t,.'l!cctcd hv final api',roval hv Ibc I:h,:m.I. thc Ik~urd shall release thc rcnmir~ing lot!;, ol'thc sul-,divisi,:n.l pcrl'~l'nlanc¢ sccurit,,. J'hc l)cvclcT, cr'..: r.,:spcmsihility lb[ maintenance Of IJlc rcquiro. I imt~r~wcmcnts sh',~ll c,,~t~ntu.' unless ~r until thc Ik~ard accepts lllailliCIl:lllCC responsibility I'or m.ld bx thc (.'~mntx. ~olllll:-, thc[caf to[ thc l')cvclt~t,t:r ~nax rO. lUCSt ~hc I)cvcl,.~pmcnt Services l)ircctor lo [,t:rlk~rlllLtncc ?CCLIritv si'mil I~c acc,,~nF, anioJ Iw ;~ staten.lent ~I' substamial COnlplclion by thc l)cvch>pcr's engineer together xxith ti'lc prtucct records ~lcccssarv lbr review by thc l)cxcloplncnl ."qcrviccs [)ircctor. l'hc I)cx'ch',l,n~cnt Scrx'iccs l)ircctor may grant thc ro. tucst lb[ a reduction in thc :li~t~.~tlttt of lilt ~t~bdix'ision lWrlbrmancc security lb[ thc impr,~vcmcnts completed ax of thc date oJ'thc request. nmintcnancc of thc required in~pr~,xcmcnts. '['l~c Board shall have thc right ;o construct :md maintain. {~r eLitiSt I0 bC Ct~llSlI'tlt'lCtJ Of maintained, plirsuant [o public adxcrtiscmcnt alld receipt and ;lcccptallCC oI' bids. Ibc improvcn~cnts required herein. Thc l)cvclopcr, ils princip:tl under thc subdivisi~m pcrlbrnlanCc security, shall bo liable to pay and to indcmnil'v thc I/{xu'd. up{m c~,ml,lction of sucl~ construction, thc linal tolal cos[ to thc [t~ard thcrcol', including, but m~t limited to. engineering, legal and contingent costs. on acc,,unt ~l' thc lhiltn'c {~I' thc J)cxcJopcl' I,} l'ttlfill all of thc provisions of this .Agrccn~cnl. All of thc terms, covenants and conditit,ns herein contained arc and shall be binding upon Ibc I)cxclt,pcr ;llld Ibc I'cspcclixc st cccbsors and ' ' ' ,tsSlUlIH oJ' thc I)cvclopcr. i~rinlud ,' \VCI Communities, Limited Partnership I)rinlcd NaiVe [llld 'llitlc V. P, I1(),.\ I), l) ()F ('()1 iN'FY ()1,' ('()l.l. IliR (.'()IJNT'f, FI,ORII)A I .I},(( HI.\ I ' I u,";.Ou,~it, I thun,n - I Il,,.' ,'"~H'IlI.iII J'e,,',.'lll,,.'l J'k'rrllll .~j*l~Jl,.',lliOil,,, and NUpl',,,~t I. 'Oll",|lll(llllll ~,l~ ,kJiliiltl,'llillll'l.' ,'~J~rl,'~,'lll~,'lll I~'q C()I,I,I L:R COUNTY LAND DEViiI_,OI'M[iNT CODE P['~R[:()RNI.,\NCI.~ l~( )ND BOND KN( )\V ..\l,l. PI~RS()NS [~,"r' 'I'It[JS[j PRESISNTS: that NO. 15-007-548 WCI Communities l,imitcd Partnership 2.1301 Walden Center [)ri,.',.: Bonita Springs. Florida 341.34 (hereinafter referred lo as "Or, ncr") and L ibcrtv M u lual Insurance Corn party [h~stc, n, Massachusetts (hcrci,~aftcr referred to its "Surety") arc held and lirmlv bound unto Collier County, Florida, (hereinafter referred to as "County") in thc total au~reuate sum ot"["wo I lundred Thirty Eiuht T'housand One lhmdrcd and Nine I)ollars ($238, [ 0(;.0()) in lav,'ful moncv of iht [Jnilcd States. for thc payment of which sum well and truly to he made. wc bind ourselves, our heirs, execuh:,rs, administrators, successors and assigns. join,l., :,n,J ~¢vcrally. t'irmlv hv Ihcsc presents. ()'.,.ncr and ~urclv arc used for sinm~lar or plural, as thc context requires. - 'I'II[{('()NDITIONOI:TIIt.,,;()i~ii.i(L,\T1ON is such thai whereas, tht Owner has submitted apprc,,.al hv lhc l:h~2rd ;~ ccrt:~in stJhdiviskm plat named 'l'ihuron-The Nc~rman ['~stalcs itt Pelican Marsh Unit 23 and that certain subdivision shall include spccilic i,I~provcmcnts which are required by Collier Coumv Ordinances and Resolutions (hereinafter "[.;md l)cvclopmcnt Regulations"). This obligation of thc Surety shall commence on thc date this Ikmd is executed and shall continue until thc date of thc linal acceptance by the Board o/'County Commissioners of the specific improvements described in the Land development regulations (hcrcinal~cr thc guaranty per/od). NOW TtlEREFORf£. accordance with thc [.ami I)cvclopmcnt Regulations during thc mmranty period established by thc Cotm[~. and thc Owner shall satisf'v all claims and dcnl;lnds i,currcd and shall fully indemnify and save harmless thc County From and against all costs and damages which h may suffer ~y reason ~fOwner's thilure to do so. and shall reimburse and repay the County all outlay and expense which the County may incur in making good any dcl)luh, then this obligation shall bc void. othc~visc to remain in fi~ll three anti effect. PROVII)ED FUIC['IIF~R. Ihat thc said Surety. for value received hereby, stipulates and agrees that no change, c×tcnsion of time, ahcration, addition or dch:tion to thc proposed specific improvements shall in any way al'feet its obligatic, n o,~ this fkmd. and it th*cs hereby u, aivc notice oFany such change, extension of time. ahcration, addition or dclctitm to) thc pre)posed spccilic improvements. PROVIDED FURTHER. that it is expressly ,agreed that the Bond shall be deemed amended automatically and immediately, without formal and separate amendments hereto, so as to bind the Owner and Surety to the f~ll and flithful perfo~ance in accordance with the Land Development Regulations. The lcm~ "AmcndmenL" whcrcvcr used in this Bond. and whether rc/~rr/ng lo this Bond, or other documents shall include any aheration, addition or modificatior~ of any character whatsoever. IN WITNESS Wt II!RI/OF, thc parties hereto have caused thix I'I{RFORN'IANCE [tONi) to be executed this 81h ctay ul' Oclobcr~ 1998 as of d~is/_~ day of~Cl~ Wimcss-Printed Name /Q /'r' ~ W itncss-SignattJre Witness Printed Name .1998. WC[ Corn munities Lira ired Partnership, a [3elawarc limited partnership Steven C. Adelman Vice President/Treasurer State()( ~ ~( o..~ County tit' _~~ Thc lbrcgoing irislrumcnt was ackno,.~.lcdgcd before mc by Stcxcn C. Adclrnan, Vice President/Treasurer on behalf of WCI Comrnui~itics [,imitcd I'artncrship. a [)elaxvarc limited pam~crship. Personally known__~___ or produced identification Type of idcntil]cation produced .... WI'INESS mv hand and official seal this ?I-/,,.. day _.~__~__ . _ of ' 1998. (Affix nolarv seal) ~'~-'~l,'~*x. LIt, DA E. HIGGINS My Corem [,q~. ~ By ~c~ ms ~. CC603722 (~C~UNTERS IGNATURE' · Licensed Kes kq-o~, Agent My Commission Expires: Notary I)rinlcd Name LIBERTY MUTUAL INSURANCE BY: NANCY Il. ZALESKI COMPANY A'PTOR NE Y- [ N- I;'AC T ?'~':ic z d .3 T..S *O'"E. OF A rO.NEV IS NOT VAL,D .N ESS ,T ,S .RI.. 'EO ON 3 9 8 2 5 9 Th~s Power of Attorney limits lhe acl of those named herein, and l~ey have no a~lhorily to bind the Company ~pl manner and to the e~tent herein staled. LIBE"TY MUTUAL iNSURANCE CO"PANV BOSTON, MASSACHUSE~S POWER OF A~ORNEY KNOW ALL PERSONS BY THESE PRESENTS: That LibeHy Mutual Insurance Company (lbo 'Company"), a ccr, stmno and ,mp~m:. HARRY A. DINGER, JR., JOHN D. MILLER, DIANA FIGUEROA, NATALIE REINGOLD, ALL OF THE CITY OF NEW YORK, STATE OF NEW YORK F1~ ~IMJON ............................ , ............. DOL. LAF~S tS 50,000 000" ........ ) eilCh, and lhe ~)~ecullon el such bonds Any o/hcer or olher O/hC*al Of lbo company au~honzed for Ihal pur~se in wnhng by the chmrman or the pres~donl, and SubleCl lo such hmdahons as lhe chmtman or lhe president may prosCnbe, shRII ,3ppO~nl Such ,lltorneyS.~n-facl. as may be necossaW lo acl ~n behalf of fhe com'¢~n '- ~ ..... , .... ~¢ ,.,,- ..... ,~m. > su~ .... ~ .~ ,near tns )~C ~vo powers Of atto ney. sba I have full power I0 bind ~,, y uy f ~e~r S~gn;llure and ext?CuIron of any such tr~sIrLir~o~ S ~l~d lo attach here o he seal of he COrn an When so x Pufsuanl [o Ar~Jc'.u XVl SeCjlOf~ % of thC [~'/-lit~% AsS~st~ii~I St'Ct0l;irv (~,lrni~l ~',' [:thOll IS hOtl,[>y IulhOrlZOd lO appo~nl Such allorneys .n.t ~ ~N WITNESS ~'It~ER~OF. th;s ~r~slrt~rm?nl h,15 bOOn subscribed by ds ;iultlorl,,ed r:¢hcer ~1~(I lbo torpor;He seal el Ihe said Liberty Mulual Insurance O Company has been ,lthxed :here~o in Plymouth Meehng PennsylvamR m,s . 2~h ~I dayo' July 19 97 -- LIBERfY MUTUAL INSURANC[ COMPANY ~ COMMONWEALFH OF PENNSYLVANIA ~/ COUNTYOF MOt;TOOMERY i~f :: r.t J '' .' . . ... , , .' %~ Company 81 ~ moetmng auty called ~nd held on tho 121n day O1M~ch. 1980 [hOUf;h m~lnually IN [ESTIMOt~Y V/HEREOF, I have r e re,nfo :;ubscrtbed my name ;~nd ;~ftlxed Ihe cnrporale seal et Ihe samd company, Ibis THIS POWER OF A~ORNEY MAY NOT BE USEO TO EXECUTE AtlY DOrJO WITtt Ail I~ICEPflON DATE AFTER . July 29 ,19 SURETY ACKNOWLEDGMENT NEW YORK Oounty of NEW YORK On OCTOBER 8, 1998, be[ore me personally came Diana Figueroa, Io me known who being by me duly sworn did depose and sa), lhat he/she resides in NEW YORK, NEW YORK, that he/she is Attorney-in-Fact of LIBERTY MUTUAL INSURANCE COMPANY, the corporation described in, and which executed the within inslrument: that he/she knows the seal of said corporation; that /he seal affixed by order of the Board of Directors of said corporation, and thai he/she signed his/her name thereto by like order; and that the said company has received from the Superintendent of Insurance of the State of New York, and that such cerlificale has not been revoked. '3 Ubert7 ,",lulu~,l Insurance Company Stalutog' Balance Shett (dollar~ in thousands) common & Pr~l'errt, cl Slocks ........ ~_ ..................................................................................................... . Real Est~le ................................................................................................................................................ Cash lc Shorl-Term in¥~:s~eni~ ...................................................................................................................... Other Inv,ested A.s.~ ................................................................................................................................ .Cubtota[ Ct5,% a6d Invited ,'"~.5,r~ [5 ................................................................................................................................ Premium in Czurse of Collation'. .................................................................................................................................. Reir,_suzance ?.c,:averabh~J on L,u'-ss and Loss Adjuscn',enc E.,.per'.5¢ Pavm,.,nts ....................................................... ir, l,:.rmsl. ~','ldencL~ and ~eaJ '-'-'-'-~:.ate income ENie and ,.\¢¢:-'.i, cd ................................................................................... Other ,.ks$¢ ~ ..................................................................................................................................................................... TOTALAF.)MIiiLDASSETS .......................... Liabililie~ and SurTrius Ae'ser','e (er Lo'ss~':s and I.os.~ Adju.s~merH ExF~.-.c~ .................................................................................................. Reserve (or L,'nea re. ed ,r'rt. rnium.~ ................................................................................................................................ geu'~Surancc Pay.~ble on Paid Loss and Lc%s ,-\djus:menl E,Fcr, s~ ..................................................................... Federal lnccme Tax and State ?~n',ium Tax Acc"ued ................................................................................................ OL,her Liabiiilies ................................................................................................................................................................ TOTAL LD\ D I L,'ThES ...................................................................................................................................................... Unassigned Su r'01us .......................................................................................................................................................... C;ua r:,n p/Funds ............................................................................................................................................................ Su~k~ ,~/ct~ .............................................................................................................................................................. TOTAL SUFLB LUS ........................................................................................................................................................... TOTAL Lb\BILe]E5 ,%.','D SUF~LUS ............................................................................................................ ('E~c]udes ?rcmium.~ more than .~ daw due) -"42.970 271.268 1b.o98,;'84 1~21.916 16&5,~7 19.~Z.I$1 I0.~08.483 ]6.1q4 91.Z',4 1,31936} 4.921~67 1.2~0 1,140~16 6.066~33 COhtMONW EA LTH OF ;.(ASSAC4 iUSE ~'TTS COUq',~'Y OF SUFFOLK SS. L'k'n~nb L~n~,ll. L, ei~G duly swcr'n. ~)n: ~al he ~ Vice P~id-nl and Complmiler ot Lm~ty Mutual [~urance Compan).; ~id Comgany i~ a mutual i~urance ~mpany duly organ~, e.,isfing and engaleJ ~ b~in~s as a sure~ by virlue of · e Commonw,.d~ ~~ ~d }'~s duly cemr li~l wiH~ all lhe r~u,~m~ts ol he aws ol ~id Commonwea [a~s o{ LLe .t~e c/ ....................................................................... ~ppi~cam~ lo ~(] L.~m~,any and ~ duJv qu~ lo act ~l rlde 31 o~ uh¢ L'mt~ Stat~ Tha~ the l'or~'go~g b a ,~uU, mae and c~rr,~,,t stalement o( the Fu',ancial condiliun ol said Company an U~e 31si (lay L"wc,'mbee. 19o7. Sworn to bc.,'or~ me ~hb .list day ct' March. 1998 Your Independent Bank Member FDIC Citizens . Community Bank C()I,I,IER (;()I'N'I'Y I,..\XI) I)EVI';I,()I)MI';NT ('()I)E I t~ RI.;",'( )( 'Alii .E ST..\NI)IIY I.E'I'TEI,~ ( )1: ('P,I';I)IT N(). 601636 INFI'I':R: ('i;~zcr,~ (',re;merely tk~nk ~l'l"lor~da (hcrc~nal'lcr"lssuc~"). 5,1l}l 'l'anuam~ Trail Ii.. .Naiflcs. FI. 34113. PI...~,CE OF EXI'IRY: ,.\t Issuer's coumcrs. I)..VI'E OF EXI'IRY: This Credit ~,hall t~c valid un~il November 10, t999. and shall thcrcalicr bc least 5~x~v (60) days prior [o ;my such anmvcr>arv dale. Ibc Issuer m,tZiics thc BcnclSc]aO, m ..\I'I'I.I('..\NT: ('omit,cst l)c','ch)pmcntl, US..\. [..('. Ihcrcinaftcr "Applicu,~t"), I001 Silver N 34114. l.akcs Blvd.. ~ uplcs, FI. BENEFI(71AI~,Y: Thc Board oI' t'otm, lv Ctmlrlllssltmcr>. ('oilier ~.'ountv, Florida (hereinafter "l!,cncficmry") c.I) ()l'fi¢c of Ibc' (*tmrflv :\lt,.)rncy. ('oll~cr t'ountv ('ourlhouse Complex. Naples. Florida. .-\.'~I()I:NT: 543.925.-17, (tLS.)up to an aggrcgalc tl'~crcof. ('P, EI)IT A\'..\II...\I/I.E ~VI'I'II: l.,sucr. I)()(.'I;.\IENTS I,II'iOI:IREI): ,.\\'..\11...\1~1,1.7 BY BENEI:ICIA, I~,Y'S I)i,L.',,I,'T(S) AT Sl(ili'F I)I,L.k\VN ()N TIlE ISSI;I,:I{ AND ..\(;('(),',II'..\NiI,:I) II'f IIENI'iFI(;IARY'S S'FATE,MI,:NT I'URI'()i,tTEI)I,Y ~1) I/Y Till': ('()I:N'I'Y .5I..\NAA(JI'TR, (?EI/TII"YING TIIAT: ('om-tucsl I)e\'c op~llCl-'~'~,>~jg,.\. I..(' has liHJcd Itl construct and.'or maintain lbo improvements assocuned with that ccrlain plat ,~1' a subdl\'Lslol~ kmm. n ;ts Silver l.akcs, l'has¢ 2-I'~ or a final lil:ql'~ck.'ll,,)ll satisl'actor,,' h)('t)llicr ('t)tllll,',' }1;.)5 llt.)l bCCll pcllormcd prior ti) thc date of expiry, satyr, factory ahcrnatl\'c performance sccurltv has ilt)l bCCll iwovidcd to and formally accepted by thc l~cnclSc~a~'." I)IL.\FI'(S) i)I,UkWN lrN1)l']l,~ 'Fills I,E'IWEi,I ()F ('REI)IT ,MUST Ill", ,MARKED: "Drawn under Citizens ('ommumty Bank of I:lorlda. ('rcdit No. ~'~(11636 dated November I0. 199S. The ortg~nal l.cl[cr ol'('rctht ami all amendments. ~l'an)', mus[ bc presented Ibr proper endorscmcnl. 51(/I l'illllhlllll Tt,ul l':,l.,,l * N,,l)h,.,,. I"h)rl(l,i 3,111:1 TI.ii.. (D,i I } T7,5,()7,t8 '['}tis ('rc,,i~L is suhjccl Lo Lh¢ Uml~)rm C'uSLc, n~s and Practice l*or Documenters' Credits (I ~,'<) Kc,.'iskm) IT'~tcrnalion~] Chm~d)cr tH'(?~,mmtcrcc Publicution No. 400. This l.cIIcr of r.'rcdit sets forth m full thc tcr'ms or' the Issuer's undertaking and such undertaking shall not m any ,,,,':~.v tlc modified, anlcn,.lcd, or amplified bi,' reference I0 an,, document, instrument, or agreement rcl'erenccd to herein c,r in which this Letter of Credit relates. ami arty stroh rct'crcncc shall llOt t~C ,t.tCCIllCd ts,') inc~..)rporalc hcrcin hy rcl'crc~tcc any document. instrument, or a.urccmcr~t. Is.suer hereby c~ua~ucs x','~tlr Bencl'~clarF that dral'tls) drawn under .',nd Iii compliance thc ~crms o1' this Credit will bc dui.,,' honored hy Issuer ti' presented within thc validity ot' th~s (: 'rcdit. (.'I'I'IZIiN~ ('(.).%1,%1t ;NI'I'Y I{AI'qK ()1: FI.OI~,II)A D:lvld l!. Klein, Scmor V~cc President 16 ? ('ONSTRII('TI()N AND MAINTENANCE AGREEMENT Iq)ii StiBI)IVISION IMPI/OVI':MENTS 'l'ttl.q ('J)N.q'I'P,t;('TI()N /..NJ) x.I..\INTFN~SN('i:. ,,',,GRI':F.I",II':NT F()R IMi'I4()VI:.NIF. N'I'~, ¢nt,..'fcd into flu,, ti.',' of .--)2(_.~.~.y,,'~" ~.. I')')S bct,,~.',,:n ('ontluCM I)*.'~chqm~cn! T;.S..,%., I,.('., A, k'lorid;, [,iinilt'd i,ial~ilit? ('omp;in). h¢~¢in;ll'lcr rcfi.'rrcd to "[X:xcloi.'r", ;Ind Iht Ilo:ltd of ('ounl; ('omnll,;sloncrs o1' (.'oilier ('ounty. Florid;i. hcr¢ln;ll'h:r rcfcrr~.'d 1o :\ l)¢x¢lol'x:r h;Is. slmuh;lnctmsh ~slth thc dChxcr).' o1' Ih~s Agl,.:t:nlcnl. ;Ippllt.'d for thc [)IXlSl*~I ~ ) OJ IJlc ('t~IIIcr ('~StIlllX [.;llld [)cxclopmc'nl IC[',llJ~lllOgS, ~lld L',[I;II~IlllCCS [0 J~ lnct)lj~)r;llcd I11 il Jx)ndcd ~mprovcmcnls hcrc~ndftu'r ~t k)rth. I~xcloj~'r ;md IJlC Ho;trd do hcrchn co~cIl:lll{ ~JJld ;I~FL'L' ~J~ follo~s lo ;is IJlc ICLJlIIICL] IIIIJ)fO~L'lllL'lllS thc r~qutr~d illlprox RI11ClllS ~ll IIl~' ~Jlu Of Jills in fl~c c~cnt o1' del;mit b', thc IN:~cloF~'r or I;i~lurc of Ibc [~clo~r to compiclc ~uch ~ml~r,~xCmCnls x~llh]n Iht ITII1C rcqmrcd bx thc l.and I~xclopmcnl ('txk. ('oll~cr ('Otllll~. rll;l~ cilll ll~ll thc [~[C[IIIIIILIII ;Ipp[O~ll iff' Ibc IIII[I[O~ClIICIllk I1- I]lC~ ~IrC III I';1~1 ~OIIM[IICICd 3lid ~L$bllllllcd I'or ilp[l[O~,l[ III frisk'ct Iht rcqmrcd ~ruproxcmcnls Thc l)cxclopmcnt ~crx~cx [)trot'tO[ or hts designee shall irish'ct thc 7 ~lx {(,) lllOlllhX ;lllCl Ibc Cxl'(llllOII Ol Illlh '~[',ICCIIICIll dlld Oll~C ~tlllllll cicr% xlx months there;il'Ici thc [k'%clo[~'[ tn.l~ rcqucq thc [~'%clupmcrll ~Cr%l~'C% [)llC~tor lo reduce thc dolLlr 2 ol 4 i6A? :il. I ~ll~'k~ ,If ~/llSkLjllL'll~i,il ~Jll~Jl [h~; J~.llk] JlJ,J~ $11XJ,llll lllI ,l~c~Ill~lJ Sll IJIc I,IIIIIfC s~l Ibc J)cxcJ~l~'r 'XII (s~ IJIC ICflllS ~t~XCll~lflls ;Irld L'Illl~Jlll~lllk hcrcIII ~(~lll;llllu'd ,irc ~ifld sh;tJJ .'\i'"{'~fO', Cd ;1', |0 l~.)rl~ ;IH',i [C?I t{():,,RI) ( )1- ( '()lJ'g'l'Y ('()MMiS;%I( )NERS ( )F ('()I,I.IER ('()I;NI'Y l'l.( 4 of 4 CONSTRUCTLON, MAINTENANCE AND ESCRON AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION, MAINTENANCE AND ESCROW AGREEMENT FOR S~B~VISI, ON IMPROVEMENTS entered into this ._~h of '~3_~f_~_~ua_~ ............ 1998 by WILLIAM T. HIGGS (hereinafter "Developer"), the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, (hereinafter the "Board") and AMSOUTH BANK (hereinafter "[~endor") . A. Developer has, simultaneously with the delivery of this Agreement, received approval from the Board for a certain subdivision to be known as: WIIITK I,AKE CORPORATI;: PARK B. The subdivision will include certain improvements which are require~t by Coil for county oudinances, as set forth in a site constuuction co'.;t- estim,'~t.e ("t;s%[mate") prep,~red by IiWA, Inc., n copy o[ which is attnched hereto nnd incorporated heroLn ns Exhibit 1. For purposes o[ this A~reement, the "liequired improvements" are limited to those described in the l.:stimate. C. Sections 3.2.6.5.6 and 3.2.9.1 of the Collier County Su~Jivision Code Division of the Land Development Code requires the Developer to provide appropriate guarantees for the construction and mnintenance of the Required Improvements. D. Lender has entered into a loan agreement with Developer and/or Developer's companies a4%d has available funds which Lender is willing to hold in escrow for the purposes set forth herein. E. Developer and the Board have acknowledged that the amount Developer is required to guarantee pursuant to this Agreement is ONF, ~IUNDRED FI FTY TIIOU~;AND FIVE tIUNI)RED TWENTY-FIVE AND 10/100 ($150, 525. 10) DOLl,ARS and thi~: nmount represents one hundred ten (110%) pet-cent of' the di Fference between the estimated cost of Reclui red Improvement:; per co~'t i I ic,~t ion el RiVA Inc. and tile Kconomic Dovelol)ment ltlock Gr,~nt o I :;IX IIUNI)IIt::I) NINt-:TY TIIOUSAND ( $690, 000. OO) I)OI,I,ARS wh i ch has boon set as ide for sa id improvements for this property. NOW, THEREFORE, it] con:; ider.,t', ion oI the /o:-egoing premises and mutual covenantn heueinafter ~et forth, Developer, the Board and the Lender do hereby covennnt ,~nd agree, as Fol lows: 1 . Do'.'oIot~oF wi l ', c:a~]sO the water, sewer, roads, d['aJnaqe ,~nd [ [kc f,'~ci ; it ies, tho Requ~t*ed improvements, to be constructed Develo[)menL ~;c~".'iccs Di~'ect-c[' ',,'[thin six ([~) month:; from the date of approval of s;tid sx~b(tiv~sion plat. 2. Devc:loper het'ei~y ,xutho:[:,,e,~ I.endet~ to ho[ct ONE ItUNDRLD FIFTY TIIOUSAHD FIV~ ttUN~RED TWENTY-FIVE AND lO/ lO0 ($t50, 525. ~0) DOI~I,ARS ['rom the [,oan, ~n escrow, pursuant to t:he terms of this Aqreoment. ~' :";: J": ,~t t""':: t<~ ~,> i ~.! l:', ~'::~: I'o'.v ()ri[: I{UHI)I.' KI~ FIFTY Lender acknowlod,jes that t~i:; Agreement shall not constitute ,~ draw against the Loan fund, but that only such funds as are actually d isbursed, whethor puvisuant To this Aqreemont or pursuant to the Loan agreement '.shall accrue interest. · ;. '['ho o:;cr'owe<t ~und:x shal] b,? released to the Developer only upon wr-J~ten d[)[~roval ot the Developmer%t Services Director u[~::~n coral) let. ion ',,'h~ ~;hal ] approve the release of the funds on ,tt~:.~:; ~: not ;::o:c t I~,ln on~:e a ;:x~nth to t ho [)evo 1 opov, i n amounts dLIO tot' wot'k dono t~ date l),~:;e,t on the porcentacje completion of the work muiti[)~ett i>y the respective work costs less ten (lOt) percent anti further, th,~t upon comple¢ ion ot the work, Lbo Development Se:"/ices Dir'c,.cru~r' ~;hal ] ,tj)[3t*ovo tho :'olea~;e of any remainder of esc:'owed I un~t:; .':.:copt to tho (?:.:tent ot E IGI{'I'Y TWO THOUSAND SIX tIUt/DRED EIGItTY-}.'OUIt A:iD [0/ luO (587.,~,84. 10) DOLl,ARS which shall romain in escrow as a Dove loper quar'anty ot maintenance of the Required Improvements for a minimum period o1 one (l) year pursuant to Paragraph t0 of this Acj~'eement. }{owevez', in the event that De'.'e:o[~of sh,~l [ [,ail to cox:ply ',,'Jt~l the t'c(luit*emonts ot this as ot the date ot the demand, pro,.,i~lc.d that upon payment of such balance to tho County, hbo County wi!l have executed and delivered by the Development Services Director to that eftect that: a. Developer tot' :noYe than sixty (61)) days after written notit ication ot '.;uch failure h,~s f,~i lod to comply with the t'equit'emonts of this Aq,,'v,_emont.,. b. thc, County, o:- itt; atzt-hot*ixed a{lent, wi 1 1 complete the work called tot under the terms ot the above mentioned conLract or ~ill complete such portion of such work as the County, in irs sole discretion, shall cleero necessary in the public interest to the ext:ent ot the I ur]ds then helot in esot'ow; c. t he c,.~;crow Iund:; drawn down by the County shal I be for' con:;truction of the Recluiro(t rmprovements, engineering, legal and conttnqc:nt c'osts a~',d expenses, and to ,offset ,:~ny damages, either direct or consequential, which the Count7 may sustain on account of the fa[]u['e of the Developer to carry out and execute the ,nbove-mont ~onpd (tovelc0!>ment' work; and d. the County wi 1 1 prompt iy repay to the Lender any portion of the funds drawn down and not expended in completion el 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 [,ender for release of the specified fu~t,.; to the Developer. Payment by the I~ender to the Developer' o~ th~ ,~mo~nt,.; ~;pecifled in ,~ letter o~ ,~uti~or'~zat~on by with the letter of authorization from the County. 6. 'i'i~e re(tui~'ed Improvement,-; :;hal I not bo consicicre,J complete until a statement of substantial completion b}' Developer's engineer alon~t with the final project records have been furnishect to be reviewed and approved by the Dc, velopment ~;ervices Director for compliance with the Collier Count7 f;ubdivision requlations. 7. The Develof>ment :~crvice.s Dl~-ector shall, within either: (a) notity the Developer in writing of hfs preliminary approval o~ the improvement:;; or (b) notify the Developer writing ol h~:; rotu~;.~l top apl;to',.',_) the improvement[;, therewith specifyin9 those conditions which the Develope:' musZ [ulI il order to obtain the Director of the Required improvements. However, in no event shall the Development Services Uirector refuse preliminary approval of the i:nprovcmcnts if thcs' arc in fact constructeci and :~ubmirted for approval in accordance ',,'itl: the complete the Required I ml:rovement:;, the Board, alter duly con::iderinq the public inr,~rc::t, :m~'f ,~t- it:; option (:omplete the aqainst the Doveloper. 9. ,'Jori/in9 in t;hi:; /,.<;r~(,i:i~,nt- ::h,~l I :u.xk,~ ~*h¢, l,omler I iable tot any funds other than those l)tace~l in det)o:;it t)y thc Pcvcioper in ,~c:cordnnc,_. ;..'itlt th,.~ forego>inq }~r,)','i::i~)n; t)rovidc~t, t.h,~t the l,ender does not' rr~loa,.;c ,'~n~' c.:;~'t'(~',;(,~t m(-)nio'.; t-.(} the [)evc[opor or to any utti~er po:',.;on e>:col)t a:; ~;r~t'ed i r~ t i~ [::; }.::;crow Agl'(~cnlor~t . 10. The Developer shall maintain all Required Improvements for one (1) year after preliminary ,-ipproval by tile Development Services Director. After the one year maintenance period by the Developer and tlpon submi:;~ion of a written reque:-;t for in'_;pcction, the t)eve 1 ot)::~en t :;ervices Direct. or '.;hall inspect tile Required Improvements ant:, it [ound Zo be still in compli,~nce wit the Code as ref letted })y f~nal approval by Zhe ~foard, Zhe I,ender"s respons[bil it}, t.o the Board ureter this Agreement: is terminated. Th,2 Developer's resi~onsibi 1 ~ty t~or m,~intenance of the requ[re,] Improvements sba t ~ cont [nuo un~e:;s or unt ~ ~ tho Board accepts; mair~tennnc:e ro:;~onsibi l it}' for and by ~he County. contained are and shall be binding upon the Developer and hender, the respective successors and ass[cjns ot the Developer and Lender. IN WITNESS WHEREOF, the Board, the Developer and the Lender have caused thin Agreement to be executed by ~their duly authorized 1998 . WILLIA~ T. HIGGS AHSOUTH BANK ATT K:;T: DWIGHT E. BROCK CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA 'Ah:lc I .iLo XA'hilc l.akc (7~)rl~)r:~tc l'ark i'hasc Il I'reliminarv ()l~ini.. ,~1'( ']'LJ FIII ,:l;Ic ']'-[aJ [ n'l p rl~'vc r'n c n t.,, $d39,275.5{} $25,1166. III $664.34 i.60 Water and Sewer Review Fees 0.50% Potable Water and Sewer Costs Construction h~spection Fees 1.50% of Potable Water and Sewer Costs Subdivision Construction Docurnent Review Fees 0.4255'0 of Construction Costs Subdivisio,~ Inspection Fees 1.275% of Construction Cosls Total Review and Inspection Fees S1,068.70 S3,206.10 S2,823.45 S8,470.36 $15,568.61 'IX ~I A I. __! Rt..J; :','c I ,'.L,.' lLmk ×.~XX I f I ~,1 ')1)12.c) .II '; 1.1' $2() t)() $ I ,~.) ) $1 5 1,4 1 L 75.5o ~,Vi~ilc l,akc (:<)rl)()ralc l'a['k i'ha~c 11 'i'[lrn I ,;l IlL' 5, ;,S_'(, 52.7;S 2'; 51.5{)(I FLORID/\ DEPARTMENT OF CORRECTIONS ~ ,., T~ R,:.,G .... .-.. ..... u.I",C ~, ,~-UBLIC WORKS AGREEMENT T~' s J<:reemer',t made and er;;ered ir;~o this. t_..s~. _ da'.,, of ..,~f~L 19_.~ by arid bebczeen the State ,:f F;or,.:a Degad,'-:;e% of Corrections' institud~/facility, tt,~:~;i~_.6.,].~ .... hereinafter referred to as Cc're -' ors and C.C.R.H.D. _, hereinafter referred to as ,h~ Agency. is done so in aucordance v. .... "a::er s t".4.'~ ,:.',; q and Ruies of ',he O.,. ........ , of Corrections, Chapter s. 33-3.003, F.~' C ;-mate ',','crk Pro.~:ram and s. 33-3.017, F A C, Use of Inmates in Public Works _The ~:,.o_~ :/&._r ...... ,,. . ~ , ,, ...... , be value added or cost savings as · ;"e ......:-' ':t '.-,' '.::-:. !:cai agreement :s dut~r ..... u,., to :':: "':-: ." :"e ,SC:".::~L," ::, '.'/'~rk c-¢ .... ~¢~ - · ..... :~ Cost Savings -.:.. ........ -9 'c' :"ese ;:.3::'~s .*.:- ': -.:t._-': ¢,'~th a cD',eck (/) to :he ',et', of each .i'::L'L 2 -:~'.' "-.':;:2'-'~ ''":" :O'%~ 3'~ ' .......... · ~ :, ....... = .: · · -- :D,,,u left of the number. ,)( ":"-"<"'.'" :'" ...... :~:'3S fcr the v.'c'-: :Z L'..' :'e'f::tm, ed to provide a reasonab'n basis to ::-: .... "" '.' ".: ",? cresent a ca,~,...,~:r ,~ ,...?~ or persons. .... ~nmates each workday for the p_eriod_o¢ the {. '. reemenl, minim, 'm P's.':J9 !.._ '.'eh~c!es and _J. ..... Ccrrec:icnal Officers each v,'orkcay tr.. transport ~:':r'na;,as ';,~,-: .... ed to the Agency amd :3 2rc'nde supervision as agreed he 'ein. ~e res:':,r'.~.,'-v~ far the a~,p un=,.s.o., cf an escapee and hanchng o,' problem ,sma;es F:rov~de transpo~at~on from the work site to the correctional VaciHty for ...... ,a-¢,,, ~ .. a,,u lo work. or cause a disruption in the work sche:lule. x X ~e respor, s:s!e for administering all disciphna~ action taken against an inmate for Jr;frac',~cns committed while under the super,wsion of the Agency. treatment ..... c,' :,""uteri inmates and transportation of such 2 24 Page 2 check, v.h;ch '.'*:",.;des a criminal hist.nr,/check, end obtmn Jnst,tution,'fac,ht.v Suse' r',:endent or des, i.~nee prior lo author,.z~n~ ProvJde orientation and training to non-Corrections personnel approved to super*,'~se ~r}mates prior to the:r assum:ng supervisory responsibility of an inmate s':tlad Training will be in acccrdance with Corrections' guidelines for non- ca'roct;:::~s ;)ersonne! s'-.'~'erv',s:ng cf"e~ders. Provide refresher training each s'.;.ccoss?.,e :ra~m. ng year ';.:: f,' :'--:- ,.:.:eh,:',' in :!:e .-,, .--- .... ." ~' :h,e~r employees fails to provide proper Prc'.'~Ce ~nma:es v,'~:h a:l personal ~:ems of clothing appropriate for the season of ?'.e ',ear Prg,.',de ~":~.a:es for transpcr':a:rcn/wgrk at the appropriate times regardless of :e:-';:e-~:~:rc..-.r .,..~,,,en~ v,'ea:her ',;',lc:ss notified by the Agency of suspended ....... n~ DeF. artme": ::e:e.'.":~es that a squad shculd not c'~eck out. 7'-= .:.'-="tv acrees :3 prc'.,'¢~e for ,ncse ~terns so ca,~d v,,ith a check to the left of each a'zz.'z':,'.ate number ,:.,1I ....... ~,~ms are to be marked "N/A" to the left of the number. C.,..~_,lOnS ,.','~th a "'--, ,:,~ ,-.¢ sc, ~. ..... hcurs which inmates ,.'.,ill be worked in ',he establish=,'* ,,,--'.,,' ,, -- ~ ...... a., for the Agency and the transportation .;:,ny deviahon from :rTe established schedule must be reported to an Correc',~or;s, Prcv~de SL.'ner,':sion of mmates :n ascsrd ','.,~th Department of Corrections Rules 3::.2 ,"Tc-~:;:,:~:'ons Non-Ccrrec',,grts ::ersonnel may supervise minimum and r::ec..u,m custody ~nmates. Each such person must have a background check, which ~.ncluces criminal history check, and be approved by the institution/facility Superm~endent or designee and con',ple',e required orientadon/trainiqg in the s,.]per'v[s~on of inmates. P;cv'.ce transr:,omation of inmates to and from work it' such is not p' ,vided by ~,,~ ....... s as agreed to in Section I cf "; ,t,,s Agreement. Prc.'vde all tools, equipment, mater:a's and personal items such as glov¢.~, rubber L~cg.:S :',ard ha:s. etc., necessary 32,1, 3L:proprJa~e to perform the required work. 25 Page 3 E,~SUre :;',3; I,:ens:ng or perrr,~ts a'e obtained if required for the work to be ,..._-rf,..,, . 2 ?ru',,,.= necessa,'), super',':s'.:'n and guidance for projects which require 3 :':e:"'~tv.':',.chreL:u~retechn;cat -¢"' . '' . as_,...,an,..e tO complete the project. :'::t;f'/ Correo:~or, s ~r', tr, e event of an escape white the inmate is under the Agency ReDox any inappropriate behavior displayed by /'mate v,.i;o fails to De,'ff. orn'~ his tasks in an acceptable manner, ,:::-,ec:,c ~" .,e ,,.cd by inmates using forms r,,.~viaed by .,a,,v the nurnber of ha'Jrs "'"= C:~;e.z?:cs a."',d submit the form cn 3 ..ee.kly basis to Correcticns. m'-~a:e injuries, regarc:;ess cf ;',ow minor in nature, to correctio:,s as :...3,;~ re!ate:J cc;';: .~ '',$ made by an inmate shall be 52;:' 3S ;:,"3.:t:.:.] t:; .',!~C'S Of' emergency, first aid, within the scope s:rs., t..-~,~al Famine.~ ..,, be provided, request enlergcqcy health and assistance ret:::.?:ed to corrections. ,~r:',',:e ;roma:es ,,'.',ti~ a fifteen,,,,,'~.,,~_ res: break m the morn;rig and afternoon ..-_..:...=L,...:~,-_,:_.._.,_~,~ ......... .;':: ¢. ~'-~'1 ...... ncrma!ty_~.e_gLn aL.J12 _N_o~n ¢n¢ last at least thi~v fa0) minute._~._ ~r:':t'O:: 3:9: ,' .:'..,, a~,8 ,u- .... =r aSS S:SF,SO m cases where the squad su;e~isor IS each r,.~r:-Correctior, person approved to supervise inmates and other &por.,:Orha:e staff members to ar, e~'d orientation/training in the supervision of :,.or :3 assuming supe,"v~s's,q cf inmates, Cn.c~ tO alt~..n~ ~¢_o.nua'refresh_~£ .!.n_. ;'&~-._%JS_C'£_v~'_OF_Oj_j_'?Za:¢'% Onentation/training to be provided by the ..:-.get;c;, rte'e:',' agrees to be base Ocr. and shah indemmfy, defen~ and hoId Ccrres::.tr',s !:srm, less from ail c',a~m,s, s'.;~:s, jud§ments or damages inch :ling court costs 5~':3 a::2,,"~.ey's fees ansmg out ct' :::tent~onal acts, neg',igence or omissions by :ne ,:..g.:-t~c'/ ," ~:s supervision of m;r,a:es pursuant to this Agreement. If agency is an ,3~,er',C.,. Or su.'-,dr,'~s~cn of ?e S:.'-,:e of Florida, this paragraph sbt. II not be :n:erpre:ed as a',tenng the state s v,,a:ver of mlmumly in tort pursuant to Section a Statutes, or to cther,',':se Impose liabd,ty on Agency for which ~t ,..,cL. c ~'2: 3:."er.,,,se by la,,,,' be respons,s!e .',_'?.,'.",_p'i ?~,'_g_r~as~gnm..CF_~/P_rg.~¢_¢~_S_U.',iliziP9 inma~.~s are authorized ~p_:..,:..,_,.y_.~gur ~ do not use inmates as a~ force. 26 1682 Inmate Labor Agreement Page 4 Q~c_r_,*p._~.cia! r,¢n__,siderations rcgarding_~ i~ities of' the work squad that may bE III Depa~ment or the Agency may suspend th~s agreement or terminate this agreement with ~n:med~ate notice. ~n v.,hcle or in part. when the interests of the Department or Agency requires Agreed to 3nd s,gned thi~%;' }'"'~ ~ ,! ~ (Narne of ~gency Recelvk)~ Serv~ce~) 27 2409426 OR: 2492 PG: 2258 CONSERVATION EASEMENT 8 STATIC OF F1,OP, II)A C()[INTY ()F C()l,l,ltql,l KNOW Al,I, I'EI{S()NS 115' TIIiqSE PRESENTS that for and in consideration thc issuance of State of Florida Department of Environmental Protection Permit Nulnhcr 1127841)65 and [l.S. ArlllV Corps of [~nginccrs [*crlllil Htin}l~cr l t)t/002385 to I lighland Properties t~l' [,cc aild Collier, IAd.. and st~bscqucntly assigHcd to Collier C'~H~ty. I:h)ridn. r~s F.I).I(.P. I~crmit No. 113026~6q (hcrcinal~cr rcl~'rrcd to HS (~rantor) Jl:~x'c grilrllcd it)ibc hlHtc oJ' Flor/da [)cpartrncHt t)l' l'Znvirtmmcntal l~rotcction, 2600 ltlair Stone I{oad, Tallahasscc, I:lorida (hcrcinal~cr rclgrrcd to Hs (~raHtcc), a CoHscrvation lfascmcnt in accordance with Section 704.06. Florida Statutes (1987), in and over thc real Dropcrty in C't)llicr C'otmty. l"lorida, as scl f~rth in thc IcgHI description attached hereto Hs I(xhibit .,X. ,'ks tlSCcJ hcrcm, {he tcrrn (Jrantor shall hlcludc ally successor or assignee of Ibc (Jr:H]tor. and thc term (}rantcc shall include any successor or assignee ol'thc (JraHtcc. It is thc pHrposc arid intent of this Conscrvalion HascmcHt tt) assure IIIHt Ibc subject lands (with thc exception ofiiicludcd wclhmds which arc to be enhanced or /brevet predominantly in thc natural vegetative and hydrologic condition existing, at thc time of execution of this Conservation I]ascmcnt. Thc included wetlands which arc to enhanced or created shall Dc maintained or retained, tbrever in thc enhanced or created -1- OR: 2 92 c,.'~F~ctitions rcclt~ircd I)3. thc ;.~t'orcmcr~tior~cd permit(s). l(x~'cpt lk~r stich spccil~c ~lctix'itics ~ls :~tlthorizcd pt~rst~mt I{z~viro~mcm:~l I'rotcctio~ t)crmit F4tm~bcr 1127840(;5 ~l~d Armv C'<)rps t~t' I~t]gi~ccrs l'crmit Nt~mJ~cF 19()002385. i~cludi~g bt~t ~t)t limited to m~ir~tc~;mcc of xvctl~mcts z~s speciticd mitig~lio~ it~ s:tid permit, the t~)llowing activities I. C%~strt~cticm or pl;tci~g o1' bt~ild[~gs, ro;~cls, sigt~s, debris, hillbo;~rds or 2. Dtm~pi~g or plcxcing oFsoil, other st~bstanccs 3. l~cmt)x'~tl or dcstructio~ of trees, shrt~bs or t~thcr vegetation, with cxccptio~ 4. l(xcrtx'i~tit)~, clrcclgir~g or rcmt)x'z~/of lo~m~, point, gr;~vel, soil. rock or other m~tlcri:~[ stol*statute i~ stroh m~m~cr ~s to iii'IL'ct thc st~rl~cc: 5. Nt~rl}~cc t~sc. cxcc[,t I~)r I, uFl,t>scs thief permit thc limd {~r wr~tcr ~trcr~ tt~ rcmcti~ prcctt)mi~a~llv i~ its ~tt~r~l co~ditio~: 0. .'Xctix'itics dctrimc~tztl to drt~i~rtgc,/lood co~tr~l, w;~tcr co~]scrv:ttion. physic:il ~lpj~c:lr~t~cc ()1' sites or properties o1' ~mv J~iturcs ~)r ~spccts o1' Ibc l~rt~pcrt), h~lx i~ hist~)ric:~l. ~Jrch~lcolt~gic¢tl or ct~ltt~rtll sigt~il~c:mcc: PG: 2259 &U 8 -2- OR: 2492 ?G: t{xccptions authorized pursuant to thc referenced permits consist et'Iht usc a. Within thc tifly (50) Ibm-wide parcel (Parcel "A") o1' property described in Exhibit IL thc grantor hereby rcscrx'cs Collier County Watcr-%cxvcr l)istrict and declares as a rcstriclion against said property Ibrcvcr. all rights and privclcgcs permitted utility, draim~gc and walkxvay purposes by thc Collier County ordinances and resolutions concerning such property rights and that thc grantor shall l~rlhcr have Iht right lo construct, operate and mainlain a permanent, paved maintenance roadway and walk,ray: to construct, operate alld lllililllilill it drainage swale ails culvert system to provide emergency drainage l?om thc Pond "A" outlhll: alld tO construct, operate and maintain Collier Cotmtv tmdcrground utilities. 2260 8 Within thc twenty (20) foot-wide parcel (Parcel "B") of property described in l!xhibit "('". Ibc grantor hereby reserves to itscll'and thc Collier County \Vatcr-gc,.vcr [)istricl and declares as a restriction against said properly Forever. all rights ami privclcgcs permitted Ibr utility purposes bv Ibc (..?oilier County ordinances and FCSOIuIions concerning such property rights and that Ibc grantor shall Further have thc right to construct, operate and maintain Collier County underground utilities. \V'ithin thc twenty (20) Foot parcel (Parcel "G") of property OR: 2't92 PG' described in iixhibit "I)". thc grantor hcrcbv rcscrx'cs lo itself'and ti~c Collier County Water-Newer District and declares as a permitted l~)r such drainage purposes I~x' thc L'ollicr ~'otmtx' ordinances and resolutions concerning such property rights and that mai,Hain a drainage sxvalc and culvert syslcm to provide emergency drainage {?om thc Pond "A" out lhll. 2261 8 (;ranlor. on bchal I' oI' itscl I: and tls govcrning bodv o1' thc C'ollicr ('ountv Watcr- ficxvcr District. hc,'chv releases, relinquishes and tcrmi,m~cs any rights ol'Collicr ('ountv ~r thc ('~{licr ('~)tH:tv Xk'atcr-Scwcr l)istrict in thc cast thirty (30) l~ct of'thc sulZjcct It ~s t~dcrst{~od that thc granting o1' this (~onscrvatio~ l(ascmct~t entitles Grantee and thc :Xrmy Corps oF t~nginccrs or its authorized representatives to enter thc land described herein in a reasonable manner and at reasonable times in order to assttrc Thc (;rantor. on bchall'of itself'and ils successors or assigns, hereby agrees to hear all costs and liability relating to the operation and maintenance offthc lands subject to this C'onscrx'ation {{ascmcnt in thc natt~ral x'cgctalivc and hydrologic conditit~n existing at thc or crc;~tcd xvctlands in thc vegetative and hydrologic condition required by thc al~)rcmc~t ioncd permit, and Grantor docs hereby agree to inclcmni rS' and hold harmless thc (Jr:mtcc l?om same. Thc Conscrx'ation l(ascmcnt hereby granted a~d thc obligation to -4- OR: 2492 retain and maintain thc land forever prcdonfinantly in thc x'cgcativ¢ and hydrologic conditk)n as hcrcin spccil'icd shall run with thc hind and shall be binding upon thc PG: 2262 (~rantor and ils successors and as~igns and shall im~rc to thc benefit ot'thc (;ranlcc ami its successors and assigns. Thc terms ami conditions o1' this ('onscrvalion l~ascmcnt may bc cnlbrccd by thc (iramcc and thc/Xrmy Corps o1' Engineers by it[iunctivc relief and other appropriate available remedies, and (;rantor comscnts that x'cllttc fi*r such cnlbrccmcnt actions shall lic cxclusix'clv in thc ('ircuit Court For thc Sccomt Judicial ('ircuit. in I.ctm C'ounty, I:l~rida. In any cnlbrccmcnt action in which thc Grantee or thc Army Corps of Engineers prevails. Grantee or thc cXrmv Corps of Engineers shall bc entitled to recover reasonable attorney: IE'cs and costs in thc trial and appellate courts, in addition to thc cost ol'rcstoring thc land to thc natural xcgctatixc and hydrologic c{,mlition existing at thc time of'execution ol'this Conservation l':ascmcnt or to thc vegetative and hydrologic condition required by thc at~)rcmcntioncd pcrmitis). These remedies shall bc in addition to any other remedy. or penalty which may bc applicable under Chapter 373 and Chapter 4{)3. Florida Statutes. Any l~rbcarancc on behalF oF thc Grantee to exercise its rights in thc event of thc lhilurc ol'(~rantor 1o comply with thc provisions o/'this Conservation Easement shall not bc dccmcd or construed to bca waiver oFthc (Jrantcc's rights hereunder in thc event any subsequent fifilurc of thc Grantor to comply. 8 -5- OR: 2~92 2263 ~6B 8 IN \VI'I'NI,;~ \VII 1';I),I';()1:, (iramor ha.~ hurcunto scl (ira ~tor ~ hand and seal on and I~'~al sul'li~'cmc~ I~()ARI) ()F C()UNI'Y C()~IMISSI()NER,',i ()F C()I,I,IEI~ (:()lINTY, FI,()RII)A ttcidi [.'. Aslm~.. /\ :~si~,t;ml ('or m', ?, -6- 7////,J ~ t'hlt[..'l,: I, A l-~r'q,,I ,~l l,]llcl lyill~.l i:~ the Northwest I/,1 :;~,~'t i~ A.I, 'l'(n,'~gl~il~ 50 Soul:l~, llan(jo 26 East, C()I I ie~' (Jt)ur~ly, Florida (")mm"~'ill(.t ,~ I.l~? Fh)rll~w~?sl. ~:r)~'llo~' of Section 33, 'l'ow~sl~ip 50 ~o~I.1~, Ilan(je 26 l.:i~;I , (k, l l i(,r ('m~l.y, Florida, the~(:e SouLl~ 119" 33' ';3" F:ast In.61 l,,et, ator~g the North line of said Sect:ion 33 Lo the t.l~en(:e r:o~lLi~t)e Sot]th 89~ 33 ' 53" East 2608.20 feel alo~g said N<)rt.l~ line r)l Ser:t. ir ~ 3:t; 51" Wr).qt. ,10.26 feet.; I I" F:,~:;I lfl.'l().,ll) fr;ol.; 53" Wesl. 10,I,1.55 feel; 5,1" West; 63.52 feet; ,12" West '15.91 feet; 35" West 191..99 feeL; 27" East 32.47 feet; 33" l':asl; 16..ll feel.; 21" We.~l R5.,11 [eeL; ()(," blo.ql 2.0'1.,I I foot; 2.9" WeSL 26J,3,~.l feeL; 56" Wesl: 104.69 feel.; 20" Wesl. 77. ,15 feel; 55" Wesl. ,170.'il feet:; tl~r,~co ,~oul. l~ '15" 2,1' 03" West. 1112.30 feet; 48" Wesl: 50.55 feel.; 57" East 5'I.(/0 feet; 22" I~a~;t. 26.53 ,1'/" East H.Itl feet; 57" W~,sl ,162.9J feel.; l',,',~'i~l I)a.~r,(1 c}~ Nc)rf:l~ line of' ,qr)¢:t:ion 33, l)oing ,qot~l.h IIq' t3' "'1" I':,~; I.. ~' ['AR(,I'~[. I [ A I~nr'c:r:l ~f' laird lyi~v.t i~ tl~e Nc~t-t. llwc, nt. 1/,I of %r?ct. io~ 33, Township 50 South, Range 26 East, C'~I lief Co,~t.y, Floricta Co,umellcin~t aL I. llo Northwest corner of SecLion 33, Township 50 $~llli, Ra~lqe 26 lqn~;t., Col lir, r County, Flori(la; thence Sotlth ()2"" ,19' ri'/" Wo~t_ I,I'/ ~.'/,1 f'e(~L nlc)~q t. he West. l in,~ ~)f said SectLic)n 33; t:tle~l(:e Soukll '/7" 06' ,t[)" Earl 155. I I feet: t.o t. lle Point of thence Sot~tl~ 53" 12' 29" EasL 691.92 Feet; I:ilen¢:e NoFL~i 35" q'/' 03" East 9q8.32 feek; l.l~r~r;e So~II:I~ ~.q" 12' 08" East L.q.17 feet; ttlr,~l¢:o N();'I. li ,l'/' 29' 10" Enst: 2.?,1. 14 Feet to a poi/It oll il ctJrve; i~iotlt:e 231.,10 feel. alol~g Lite afc of a nontangential curve concave t~ the East: Ilavilig a radius of .1,t8.67 feet al~d a cent. r,][ angle o[ 29" 33' 00.5" s~l~teIi(led l~y a cl~ord whicl~ I~oars North 13" 55' 48" f()r' 22H.(I,1 ['o(~L; 06" East [';.'15 fe~t; I q" Wr,al 05. 03 ~r~eL; 02" W~?t;l 1'1'/.,1,I ['eel.; 1'1" bh,~l: q,1.74 feeL; 2n" Woat: 5S.65 fr~et:; I.I]erlr:e So~/.ll 54" ,17' 21" WesL 272.08 feet; l:l~enr:e Soulll 4';' 52' 2,1" West 336.78 feet; t. JlOrl(:~, S()I~I ~ ~f)" ,'13' 33" tqe~L 1,16. 13 feel~; I.llp~l~'e Norl. ll 75" ,I,I' 58" Nest: I'16.59 FeeL; tl,,~r'r, NoFI Il (~q" c~,/ , 'l';" Wr'y; 1 ] 34 . 7'1 I'oel. I o I lie I'~) i~t of I;f~(; i rill i rlq . Fl . (:eft . Nc}. 452(} Corp. l'O~. [,II 32,tl '^" ] 6B 8 0 16B 8 OR: 2492 PG: 2268 EXHIBIT "B" PARCEL "A" A parcel of land lying in the Northwest 1/4 of Section 33, Township 50 South, Range 26 East, Collier County, Florida The West 50 feet of the West 1/2 of Section 33, Township 50 South, Range 26 East Collier County, Florida, lying North of U.S. 41 (Tamiami Trail). David B. Bruns, PLS Fi. Cert. NB. 4520 Bearing based on North line of Section 33, being South 89~ 33' 53" East. b~ 8 SOUTH COUNTY REGIONAL RECLAIMED WATER STORAGE PONDS SKETCH OF I PARCF[ " OR: 2492 PG: 2270 1&B 8 EXHIBIT "C" PARCEL "B" A parcel of land lying in the Northwest 1/4 of Section 33, Township 50 South, Range 26 East, Collier County, Florida Commencing at the Northwest corner of Section 33, Township 50 South, Range 26 East, Collier County, Florida, thence South 2° 49' 57" West 10.01 feet along the West line of said Section 33, to the Point of Beginning of a 20 foot easement lying 10 feet each side of the following described line; thence continue South 89° 33' 53" East 550.00 feet parallel to the North line of Section 33; thence South 44° 33' 53" East 51.66 feet. B. Bruns, PLS Fi. Cert. No. 4520 Bearing based on North line of Section 33, being South 89° 33' 53" East. SOUTH COUNTY REGIONAL RECLAIMEDi WATER STORAGE PONDS I 8 L SKETCH OF I PARCCL IIII ,,.,' O SCALE Itel FEEl' OR: 2492 PG: 2272 8 PARCEL "C" A parcel of land lying in the Northwest 1/4 of Section 33, Township 50 South, Range 26 East, Collier County, Florida Commencing at the Northwest corner of Section 33, Township 50 South, Range 26 East, Collier County, Florida; thence South 19" 19' 23" East 499.79 feet to the Point: of Beginning of; thence South 44° 35' 57" East 19.42 feet; thence South 42° 03' 55" West 10.02 feet; thence South 45° 24' 03" West 216.49 feet; thence North 86° 52' 48" East 29.57 feet; thence North 45° 24' 03" East 204.80 feet to the Point of Beginning. David B. Bruns, PLS Fl. Cert. No. 4520 Bearing based on North line of Section 33 being South 89° 33' 53" East. SOUTH COUNTY REGIONAL RECLAIMED WATER STORAGE PONDS SKETCH OF ~ ,,PARCEL_ "C" i SCALE IN FEE¥: RESOLUTION NO. 98-_4_..~a RESOLUTION AMENDING COLLIER COUNTY RESOLUTION 95-353 AND THE PURCHASING POLICY REFERENCED THEREBY W!-tEREAS, Collier County Ordinance 87-25 provides for the establishn'~ent of a purchasing policy to govern all aspects of purchasing administration; and WHEREAS, The Board of County Commissioners on June 6, 1995 adopted a purchasin9 policy by Resolution 95-353 and subsequ(;n~ly amended said resolution on November 18, 1997 via Resolution 97-435; and WHEREAS, both the Citizen's Productivity Committee and County staff, seeking to obtain maximum value for the tax dollar, have recommended implementing a formal system for tracking, evaluating and considering tile past performance of contractors, vendors and other entities providing commodities and/or services to the County: and WHEREAS, Collier County has previously entered into agreement with the State Department of Community Affairs to participate in that agency's Small Cities Community Development Block Grant Economic Development program and desires to comply with the Grantor's program requirements. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: Resolution 95-353 is hereby amended by this Resolution as attached hereto and incorporated herein by reference. This Resolution adopted after motion, second and majority vote, favoring same. DATE: \~,,.,.b~',.~:;., , 1998 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, Clerk .... - ..... .....' ,..., F,,-, )'ne"""t" Clerk By: Bar~ra B. Berry,%hair~t~a-~.:_~ APPROVED AS TO FORM AND LEGAL SUFFICIENCY: David C. Weigel, County Attorney FORMAL COMPETITIVE THRESHOLD (Purchases in excess of S25,000) D. Use of Past Performance Data: In order to promote tho qualitative delivery of commodities and services, County departments shall record and consider the past performance of vendors in the award of contracts exceeding the formal competitive threshold. This objective shall bo accomplished as follows: 1. The Purchasing Department shall be responsible for each of tile following' Developing, implementing and maintaining appropriate administrative procedures, instructions and technologies necessary to collect and access vendor performance data. Ensuring that relevant past performance data is properly gathered and considered prior to award of subsequent contracts. 2. Using agencies shall be responsible for each of the following: ao Conducting periodic performance evaluations of vendors under contract with the County pursuant to the procedures established pursuant to subsection V.D.I.a. bo Considering the past performance of vendors during the evaluation of formal bids and proposals for subsequent contract awards as set forth in the administrative procedures referenced under subsection V.D.I.a. 10/98 VI. COMPETITIVE BID PROCESS Tie Bids: Where there are Iow tie bids, the award process shall first be subject to Section 287,087, F,S, Should a tie still exist among two or more bidders and if the purchase is funded in whole or in part wilh interagency grant funds, the tie shall be broken in accordance with the grant conditions or the grantor agency's procedure governing such matters. If no interagency grant funds are appropriated for the purchase and any one of the Iow qualilied vendors has a principal place of business located in Collier County, the bid shall be awarded to the local bidder. D. Reiection Of Bids And Neqotiation: If the lowest, qualified and-mosf responsive bid exceeds the budgeted amount and if the purchase is not funded in whole or in part with interagency grant dollars, the Purchasing Director may negotiate changes with the apparent lowest qualified and responsive bidder that will bring prices into budgeted limits subject to the final approval and acceptance of the Board. If the budgeted amount includes grant funds, the Purchasing Director shall be authorized to conduct such negotiations provided said actions are not prohibited by law or the grant conditions. SMALL DISADVANTAGED, MINORITY AND WOMEN BUSINESS ENTERPRISES Policy Statement. Collier County stands committed to providing equal opportunities to small, disadvantaged business enterprises (DBE), minority business enterprises (MBEs) and women business enterprises (WBEs) as well as to all vendors, consultants, contractors and subcontractors who seek to do business with the County. Pursuant to this policy, Collier County will require its vendors, consultants, contractors and subcontractors to provide qualified small businesses, DBEs, MBEs and WBEs with an equal opportunity to participate in the formal competitive processes for the procurement of commodities and services by the County. The Policy is not inlended to require or to allow partiality toward or discrimination against any small business, DBE, MBE WBE or any olher vendor, consultant, contractor or subcontractor on the basis of gender, race or national origin, or other such factors, but rather to help ensure that small businesses, DBEs, MBEs, WBEs and all qualified vendors, consultants, contractors and subcontractors have an equal oppodunity to participate in (he County's formal competitive processes. Nothing in this Policy shall be construed to provide for or require any preference or set-aside based on gender, race, national origin or any other such factor. Definitions. For purposes of this policy, the term "small business" shall have the same definition as set forlh under Section 288.703.(1), F.S. The term "DBE" shall include any "small business" as defined pursuant to Section 288.703(1) that is at least 51 percent owned or controlled by a person or persons defined as "socially and economically disadvantaged" individuals pursuant to Section 14-78.602(18), F A.C. The terms" MBE" and "WBE" shall be defined pursuant to Section 288,703(2,3), F,S. Reference to these definitions, however, shall in no way be construed to provide that the County has adopted or is subject to the provisions of the Statute or Code referenced herein. !_mplementing Measures. In an effort to implement this policy, the County may undertake tho following measures: 1. Designate the Purchasing Director to perform-(lulie,c,-,'~s-small-busmess a nd DBE-Goorchn(~tor--to-etle6tuate a d mtn is te r this poticy. Utilize outreach programs to identify, register and educate small businesses, DBEs, MBEs and WBEs to participate in the procurement/contract process including, but not limited to: a. Attending trade fairs which include small-l)usinesses--and-OBEs representatives from these enterprises. Attending meetings and social events wherein these enterprises sma/Fbusinesses~3rtd-DBE-s may be identified. c. Utilizing publications aimed at reaching these enterprises small businesse s-and-DBE-e. d. Utilizing directories and other reference sources that list small busiFtesses-and~)BEs; these enterprises. Publicizing this Policy to encourage these enterprises busmesses-and-DBEs to participate in tho County's i)rocuromont process. Other actions designed to to identify small-businesses and-JDBEs these enterprises who are seeking to provide commodities and services to the County. 3. Maintain a listing of smaH-busk4esses aFHC--~BEs- those enterprises. ,1. Disseminate information regarding competitive opportunities with the County in order to allow qualified small businesses. DBEs, MBEs and WBEs to participate in the County's procurement process. D. Conformity with Applicable Law. The provisions of this sr~'k'qlld.~sinesses---.ar~d t;;~6. Peli -y- section shall be conslrued in conformity with applicable state and federal law. To the extc,.nt that state law cc~nfli(;Is w~tr~ federal law, federal law shall supersede such state law. XXVlll. CONFLICT OF INTEREST When procuring commodities or services using County funds, each entity and employee under tho purview of tho Board of County Commissioners shall comply with all applicable state and federal laws concerning conflict of interest. For state or federal Community Development Block Grant-funded projects, entities and employees shall comply with the requirements of Part 85, Section 36(b)(3) of the Housing and Urban Development Code. 11/30/98 Lease # 764 1602 ' Bun L. Saund~, w~ mailing mddr~m ia 3301 ~ Tamiami Tuff, Naples. I:lorMa 34! ~2. heremafter ref~ed to ~ 'L~SEE', a~ COLLIER COUp, a ~litieal ~ivis~on of the State of Florida. whose ~iling add~s is 3301 ~st Tam,ami Tail, Napl~, Florida 34112. hereinafter refe~ed lo as 'LESSOR'. WITNESSETI! In consideration of the mutual covenants contained herein, and other valuable consideration the parties agree as follows: ARTICLE I. Demised Prerni~..5 LESSOR hereby leases to I.tLSSEE and I.ESSEE hereby leases from LESSOR the property located at the Collier County Government Cenler, Administration Building, Third Floor, 3301 East Tamiami Tail. Naples. Florida 34112, as shown in Exhibit "A" which is attached hereto and made a part of this Lease, hereinafter called the "Ik'mised Premises". situated in the ('ounly of Collier and the State of Flofida, for the sole purpose of operating a government office. ARTICLE 2. Term of Lea.~. On the date in which this Lease Agreement is executed by LESSOR, thc Lease Agreement between Representative Bun L. Saunders. dated February 14, 1995, shall become null and void and this Lease Agreement shall become effective with the terms and conditions set fonh herein. LESSEE shall have and hold the Demised Premises for a lenn of two (2? years, commencing on November 3, 1998 and ending November 2, 2000. LESSEE is granted the option, provided LESSF. E is ,o o. i, no, i. deg.,, or any or,he or,h s , ,ase. to renew one O. aaamonal term ol tour {4,1 years, under tim same terms and conditions as provided herein, by giving written notice of LESSEE'S intention to do so to the LESSOR not less than thirty (30) days prior to the expiation of the leasehold estate hereby created. Said notice shall be effective upon placement of the notice in an official depository of the United States Post Office, Registered or Certified Mail. Postage Prepaid. LESSOR resen'es the fight to terminate this Lease, with or without cause, by providing LF. SSEE with thirty (30) days written notice to the address set forth in Article 14 of this Lease. Said notice shall he effective upon placement of the notice in an official depository of the United States Post Office. Registered or Certified Mail, Postage Prepaid. ARTICLE 3. ~ LESSEE hereby covenants and agrees to pay as rent for Ihe Demised Premises thc sum of Ten Dollars and 00ll00 Cents {$10.00) per annum. The annual rent shall be paid in full thirty (30) days following the execution of this Lease by LESSOR. In the event LESSEE elects to renew this Lease. as provided for in ARTIC'I.E 2. the rent stated above shall remain the .came for the ensuing renewal term. ARTICLE 4. Other Ex_r, en~e. es and Charg~ LESSOR shall pay all costs associated with the Demised Premises including, but not limited to. janitorial services and any and utilily charges, except for long distance telephone charges which arc addressed below. Utility charges shall include, but shall not be limited to, electricity, light, heat, air conditioning, power, water, and :K'wer services used, rendered or supplied thereupon or in connection with the Demised Premises. LESSOR shall bill. on a monthly basis, LESSEE for all long distance calls. LESSEE covenants to pay LF-gSOR for monthly telephone long distance charges, within thirty (30) days of receipt of invoice, in lawful money of the United States of America. at the address of LESSOR set forth in this Lease or at such other place as LESSOR may designate, Prior to making any changes, alterations, additinns or improvements to the Demised Premises. LESSEE will provide to I.F. SSOR all proposals and plans for alterations, improvements, changes or additions to Ihe Demised Premises for LF~SSOR'S ~xitten approval, specifying in writing the nature and extent of the desired alteration, improvement, change, or addition, along with the contemplated starting and completion lime for such project. LESSOR or its designee will then have sixty (60) days within which to approve or deny in writing said request for changes, improvements, alterations or additions. LESSOR shall not unreasonably withhold its consent to required or appropriate alterations. improvements, changes or additions proposed by LESSEE. If after sixty (60) days there has been no response from LESS¢)R or its designee to said proposals or plans, then such silence shall bc deemed as a denial to such request to LF~$SEE. LESSEE covenants and agrees in connection with any maintenance, repair work. erection. construction, improvement, addition or alteration of any authorized modifications, additions or improvements to thc Demised Premises, to observe and comply with all then and future applicable laws. ordinances, rules, regulations, and requirements of Ihe United States of America. State of Florida. County of Collier, and any and all governmental agencies. All alterations, improvements and additions lo said Demised Premises shall at once, when made or installed, be deemed as attached to the freehold and to have become property of LESSOR. Prior to the termination of this l.ease or any renewal term thereof, or within thirty (30} days thereaftcr, if I.E.";SOR so directs. I.ESSEE shall promptly remove the additions, improvements, alterations, fixtures and installations which were placed in. on, or upon the Demised Premises by LESSI:E. and repair any damage occasioned to the Demised Premises by such removal; and in default thereof. LESSOR may complete said removals and repairs at LESSEE'S expense. LESSEE covenants and agrees not to use, occupy, suffer or permit said Demised i'rcmiscs or any part thereof to be used or occupied for any purpose contrary to law or the rules or regulations of an)' public authority. ARTICLE 6. Access to Demised Premises LESSOR. ~ts duly authorized agents, representatives and employees, shall have the right after reasonable notice to I.F. SSEE, to enler into and upon the Ik'mi~d Premi.~s or any part thereof at all reasonable hours for the purpose of examining the same and making repairs or providing services therein, and for the purposes of inspeclion for compliance with the provisions of this Lcase Agreement. ARTICLE 7. Assignment and Subletting LESSEE covenants and agrees not to assign this [..ease or to sublel thc whole or any part of ;he Demised Premises, or to permit any other persons to occupy same without thc WT;tten consent of LESSOR. Any such assignment or subletting, even wilh the consent of LESSOR. shall not relieve LESSEE from liability for payment of rent or other sums herein provided or from the obligation to keep and be bound by the terms, conditions and covenants of this Lease. The acceptance of rent from any other person shall not be deemed to be a waiver of any of the provisions of Ibis l.ease ~r to be a consent to the assignment of this Lease or subletting ofthe I)emi~d Premises. ARTICLE 8. Indemnity LESSEE, in consideration of Ten Dollars ($10.00). the receipt and sufficiency of which is hereby acknowledged, shall indemnify, defend and hold harmless I.ESSOR. 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 trail 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) LESSEE'S use of the Demised Premises, (B} any work or Ihing whatsoever done, or any conditions created (other than by LESSOR. its employees, agents or contractors} by or on behalf of LESSEE in or about the Demised Premises, (C) any conditions of the Demised Premises due Io or resulting from any default by LESSEE in the performance of LESSEE'S obligations under this Lease, or (D) any act, omission or negligence of LESSEE or its agents, contractors, employees, subtenants, licensee or invitees. In case any action or proceeding is brought against LESSOR by reasons of any one or more thereof, LESSEE shall pay all costs, attorneys' fees. expenses and liabilities resulting therefrom and shall defend such action or proceeding if LESSOR shall so request, at I.ESSEE'S expense, by counsel reasonably satisfactory to LESSOR. The LESSOR shall not he liable for any injury or damage to person or property caused by the elements or by other persons in Ihe Demised Premises, or from the street or sub-surface, or from an)' other place, or for any interference caused by operations by or for a governmental aut~hority in construction of any public or quasi*public works. Thc I.I~SOR shall not be liable for any damages to or loss of, including loss due to petty theft. any property, occumng on the Demised Premises orany part thereof, and the LESSEE agrees to hold the LESSOR harmless from any claims for damages, except wbere such damage or injury is the result of the gross negligence or wdlful misconduct oftbe L-----F~SOR or its employees. ARTICLE 9. Insurance LESSEE shall provide and ma,ntain general liability and property liabll,ty insurance policy(les) pursuant tn the provision of the Florida Insurance Risk Management Trust Fund and pursuant to thc provisions of Section 768.28. Florida Statutes. during the term of this Agreement. In addition. LESSEE shall provide and maintain Worker's Compensation Insurance covering all employees meeting Statutory. Limits in compliance with the applicable state and federal laws. The coverage shall include F. mployer's I.iability wi~h a minimum limit of One Hundred Thou~nd Dollars and No/leX) Cents ($]00,000.00} each accident. Evidence of such insurance shall be provided to Ibc Collier County Risk Management Department..t301 :East Tamiami Trail, Administration Building, Naples, Florida..34112. for approval prior to the commencement of Ibis lx'ase Agreement; and shall include a provision requiring thirty {.30) days prior written notice to Collier County erin County Risk Management Department in the event of cancellation or change~ in policy(les} coverage. The LESSEE acknowledges and agrees that no changes or cancellations to the insurance coverage will occur withou! thirty (30) days prior written notice to LESSOR. [.ESS[:'E shall ensure that LF~;SEE'S insurance provider ~*'il] be responsible for notifying the LI'~SSOR directly of any changes relaled to insurance coverage. I.ILSSEE shall also ensure that the insurance coverage provided in accordance with this agreement shall require that the company or companies ~,',TitJng such insurance policy(les) shall provide Io LESSOR written no, ice of cancellation thirty (30) days prior to the proposed cancellation. LF.~;SOR reserves the right to reasonably amend the insurance requirements by issuance of notice in writing to LESSEE, whereupon receipt of such notice Lessee shall have thirty (30) days m which to obtain such additional insurance. ARTICLE I0. ~laintenanc~,. I.ESSI?I.~ shall kccp the l)cmi.~..d l'remi<s clean at all lime.,; ARTICI.E I I. Defauh by I.ESIiEE. Failure of I.ESSEE to comply wilh any provision or covenant of this l.ease shall constitute a default and i. ES.~)R may, at its oplion, terminate this Lease after providing ~TUten notice to LF. SSEE. as ~peeified in Article 2 of thil l.ease, unles~ the default be. cured within thc notice period (or such additional time as is reasonably required to correct such default). ARTICI,E 12. Default by LESSOR LESSOR shall in no event be charged with default in thc peril)finance of any of its obligations hereunder unless and until L 'ESSOR shall have failed to perform such obligations within thirty (30) days (or such additional lime as is reasonably required to correct such default) after notice to LESSOR by LESSEE properly specifying wherein LESSOR has failed to perform any such obligations. ARTICLE 13. Notices Any notice which LESSOR or LESSEE may he required to give to Ibc other party shall be in writing to the other party at the following addresses: LESSOR: Board of County Commissioners e./o Real Property Mgmt. IX'pt. 3301 Fast Tamiami Trail Administration Building Naples. Florida 34112 I..ESSEE: Stale Senator Burl L. Saundcrs Administration Building. Third Floor 3301 East Tamiami Trail Naples, Florida 34112 cc: Office of thc County Attorney Facilities Management Department Director 1602 I.F. SSEE shall deliv~ up and surrend~ to LESSOR possession of thc Demised Premises at the termination of this i.case, or its earlier terminatio~ as hereto provided, broom clean and in as good condition and repair as thc same shall be at Ihe ¢ommencemenl of the term of this I.case or may have been put by LF~SSOR or LESSEE during the continuance thereof, ordinary wear and tear and damage by fire or thc ck'ments beyond LESSEE'S control excepted. ARTICI.E 15. General l'roviss~a~ LESSEE expressly agrees for itself, its successor and assigns, to refrain from any use of the Demised Premises which would interfere with or adversely affect the operation or maintenance of LESSOR'S standard operations where other operations share common facilities. (a) Rights not specifically granted the LESSEE by this Lease are hereby reserved to the I.ESSOR. (bi LESSEE agrees to pay all ~le~ tax imposed on the rental ofthe Demised l'rcmtscs where applicable under law. (c} LESSEE agrees to pay all intangible ~1 property taxes that may be ~mposed due to thc creation, by this l.ease, ora leasehold interest in the Demised Premises or I.ESSEE'S possession or.id leasehold interest in the Demised Premises. ARTICLE 16. Environmental Concern,~ LESSF. E represents, warrant~ and agrees to indemnify, reimburse, defend and hold harmless L 'ESSOR, from and against all co~ts (including attorneys fees) asserted against, imposed on or incurred by LESSOR directly or indirectly ~nt to or in connection with the application of any federal, state. local or common law relating to pollution or pro~ection of the environment. ARTICI.E I 7. ~ In compliance with Section 404.056, Florida Statutes, all parties are hereby made aware of thc following: Radon is a naturally occurring radioactive gas thai, when it has accumulated in a building in sufficient quantities, may present health risks to ix'rsofls who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your County Public lleahh Department. ARTICLE 18. I~2d.~I1L(~.Li~8~ All persons to whom these presents may come are pul upon notice of thc fact that the interest of the LESSOR in the Demised Premises shall not be subject to liens for improvements made by the LESSEE, and liens for improvements made by the LF.$SEE are specifically prohibited from attaching to or becoming a lien ou the interest of the LESSOR in the Demised Premises or any part of either. This notice is given pursuant to the provisions of and in compliance with Section 713.10. Florida Statutes. ARTICLE 19. I,~.glmyg..[3~ This Lease shall become effective upon execution by both LESSOR and I.ES.";I~E. ARTICLE 20..C~ 'llats Lease shall be governed and construed in accordance with the laws of the State of Florida. , IN Wi'IN:ESS WIIEREOF, the panics hereto have hereunder set forth their hands and seals. AS TO THE LESSOR: ow OnT E._ ,ocK. Cf k Sf~t~ore onl.v,' BOARD OF COUNTY COMMISSI()NERS COLLAR COUNTY, FI.ORIDA AS TO LESSEE: DATED: ~(/~)a ,~ ~ (print name) WITNESS (~tgnature) (print name) Approved as to form and legal ~ut'ficicncy: Iteidi F. Ashton Assis~an! County Attorney 1602 STATE SENATOR BURT L. SAUNDERS ~-~Anlstrat£~ Building , Third Floor Collier County Gov~rent Co~lex J. ou'~ I~I.:S()I,LJTI()N 9~- 40~ I~I.L',;()I.ITION ()F Till': I~()..\1~,1) ()1: ('()UN'I'Y ('().M~II~I()Ni.:I~,S, ('()1.1.11.:1( ('()L;NTY, Fl.()l,lll)..\, AI'I'I,I()VIN(; ,\ I.I.:ASI.: III.:'I'XVi.:I.:N ('()l.l.II.:11 ('()UNTV ,.\NI) .%'I'A'i'E I~,I.:I)I,II.:SI.:N'I':X'I'IVI.: l)t;l)l.l.:Y (;()()I)I.I.:'I'TK I:()!,I Till-: t:TII.17,..Vi'i()N ()1.' ()FI.'[('I.: SP..\('I.: \VITIIIN Till.: ..',I)~IINISTIL. VI'ION' liUiI.I)IN(;. \VI I1!1~t!.,\~, thc I.c'asc ,,\b, rccrncru prox idc.~ f~r :m inid'al Ixv~ (2) yc',u' term which r¢llccls ibc ILcprcscnl:~livCs clcclion form. Ibc l.casc pro:'idcs l~,~r n rcncx,,:tl Icftu. il'Ibc RcI~rcscnI:uivc is re-cicero. I. Ii~i' two (2);tddition;ll x'cm's l'ollo,,k in~ thc i,fiti',d I.casc term. \VIII'i' ' ' Ixl..,.\N, file [~;ouI'd of ('orally ('onuui.~sioncrs is s;~lisl]cd Ih:il Ibis ['~rtq'~crly IS X()\V 'I IJl!l~,l':k'()l~,l.i. I~1'i IT 1~,t!.5()1.\"I!1) 1~'~' 'l'[ll'i I'~(),,\RI) ()1: r,'()NI,\II~S,$1()NI!P,.S (')F C()[.I. II!I~ ('()UNT'~'. I:I.OP, IDA, thai' I. I'hc I';o;u'd of ('ounlv ('OIIlIIliSSioI1CFs ttoC,'; ;l]'~provc thc :ttt:tchcd hct',,,'ccn t.'ollicr ('~mntv ',md I,~cprcscm:mvc I)udlcv (kxxllcttc. I~;()..\RI) ()1: (.'OL iN'FY ('()I.I.II!R COUNT'K. I"l.Olt, ll)..\ 16D} Representative Dudley Ch~xllelle. whose mailing addres.n is 4001 North Tamiami Trail. Naples, Florida 34103, hereinafter reft:reed to as 'I.I~c~SEF.". and COI.LIER COLINFY. a political subdivision of thc State of Florida. ,nhose mailing address is 3301 l~sl Tamiami 'lYail, Naples. f:l~)nda 34112. hereinafter referred to as "I.F. SSOR". WITNESSETII In consideration of the muttml covenant.~ contained herein, and other xaluahh.' consideration. Ibc partie~ agree as follov~'s: ARTICI.F.I. Demised l'remiscs I.F. SS¢)R hereby Ic~ases t,) I.F. SSF. F. and I.F. SSF. E berchy Icases fr,n~ I.I:S.%()R thc properly located al thc ('other County Government ('enter. Administration Building. Scc4md l:h~r. 3301 Tamiaml Trail. Naples. Florida 34112. as shown in Exhibit "A" which is attached hereto and made a Ilar! of this l.ease, hereinafter called the "l)emised Premises', situated in Ihe ('ounty of ('olhcr and the State of Florida. for the .sole purrn~ of opcraling a United Slates government office. ARTICI.E 2. ~.~3~LRf~.~a~ I.F. SSF. E shall have and hold the Demised Premises for a term of Iwo (2))'ears. commencing on November 17. 1998. and ending November 16. 2000. LF,$SEE is granted the oplhm, provided I.F. SSF. E is re-elected to Ihe .came office and is not in default of any of the terms of this [ease. to renew same for one (1) additional Icrm of two (2l years, under the .name lerm~; and conditions as provMcd herein, by giving writttna notice of I.F. SSEE'S intention Io do so to the LESSOR not less than thirty (30) days prior Io the expiration of the leasehold t. stale hereby crealed. Said notice shall be effective upon placement of the notice in an official depository of the IJniled States Post Office, Registered or ('crtlficd Mail. I't~,,lage Prepaid. Any holding over the expiration of the terms of this Agreement with the con<st of I]:.SSOR shall he construed to be tenancy from month-to-month under the terms and conditions an provided hereto, untd such time as a new I.ease Agreement can diligently be processed by LES.S¢)R for thc new lerm. LILe, SOR reserves the right lo terminate Ihis Lease, with or without caul. by providing i.liSSEE with thirty (30} days written notice to Ihe address set forth in Article 14 of this l.case. Said notice shall be effective upon placement of the notice in an official deposm~ry of the I!nited .";tatc,~ Post Office. Registered or Cerlified Mail, Postage Prepaid. ARTICI.F. 3. E.Cal I.F. SSF. E hereby covenants and agrees to pay as rent for Ihe i)em,sed l'rem,scs the sum of Ten Dollars and OOllCff) {'ents {$10.OO) [x'r annum. Yhe annual rent shall bc p:iJd m full Ih~rly (30) cia}',; following the execution of this I.ease by LF. SSOR. In the event I.F. SSEF. elects to renew this l.ease, as provided for in AR'FI('I.E 2. the rent scl ti,r~h shall remain Ihe ~me fi~r the ensuing renewal term. ARTICLE 4. ~ther Ex.tx-rises and Charges I.I;SSOR shall pay all costs for electricity, air conditioning, water anti ~c~,,'cr services used. rendered or supplied to the Demised Premiss. The I.F. SSEF. shall be responsible for costs assoc,ated with janitorial services at the Demised Premises and any and all long distance telephone charges. LESSEE shall be billed by I.F. SSOR for long distance lelephonc service on a monthly basis. LESSEE covenants to pay I.ESSOR for said mrs'ice within thirly (30) days of rccc,pt of invoice, in lawful money of the United Slates of America, at the address of I.ESSOR scl fi~nh m this l.case or at such other place as LESSOR may designate. ARTICLE 5. 1603 l'rior to making any changes, alterations, additions or improvements to thc l)cmised l'rcml.~s. i. ESSEE ~'tll provide to LESSOR all proposals and plans for alterations, improvements, changes or additions to the Demised Premise~ for LESSOR*~ written approval, specifying in writing the nature and extent of the desired alteration, improvement, change, or addition, along with thc contemplated sta,'lmg and completion time for such project. LESSOR or its designee will Ihen have sixty (60) days within which to approve or deny in ,.&'riling raid request for change~, improvements, alterations or additions. LESSOR shall not unreasonably withhold its consent lo required or appropriate alterations, improvements, changes m' additions proposed by LESSEE. If after sixty (60) days there has been no response from I.ESS(}R or its designee to said proposals or plans, then such silence shall be deemed as a denial to such request to LESSEE. I.ESSEF. covenants and agrees in connection with any maintenance, repair work. erection. construction, improvement, addition or alteration of any authorized modifications, additions or improvements to the Demised Premise~. to ob~'e and comply with all then and future applicable laws. ordinances, rules, regulations, and requirements of the United States of America, State of Florida. County of Collier, and any and all governmental agencies. All alterations, improvements and additions to raid Demised Premises shall at once, when made or installed, he deemed as attached Io the freehold and to have become property of I.ESSOR. Prior to Ihe termination of this Lease or any renewal lerm thereof, or within thirty (30) days thereafter, if LESSOR so directs. LF. SSEE shall promptly remove Ihe additions, improvements, alterations, fixtures and installations which were placed in. on. or upon the Demised Premises by LESSEE, and repair an)' damage occasioned to the Demised Premises by such removal; and in default thcrcoL LESSOR may complete raid removals and repairs at LESSEE'S expense. LESSEE covenants ami agrees not to use, occupy, suffer or permit ~id Dem,.~d Premises or an)' part thereof to be used or occupied for any purpose contrary Io law or the rules or regulations of an)' public authorfly. ARTICLE 6. ACc_c~} I.I'~SSOR. its duly authorized agents, representatives and employces, shall have thc right after reasonable notice to LESSEE. to enter inlo and upon the Demised Premises or any part thereof at all reasonable hours for the purpo~ of examining the same and making repairs or providing ,~:rv~ccs therein, and for lhe purpos~ of inspocti~nl for compliance wllh thc provlsmns ofth~ I.ca~c Agreemcnl. ARTICLE 7. ~lallalml.~ii~ ~llmg LESSF. E covenants and agrees not to assign this I.ease or to sublct the wholc or an)' part of the Demised Premises. or to permit any other' per~}ns to occupy ~me without the writlen conscnl of LESSOR. ARTICLE 8. lxMe. ma~ LESSF. E, in consideration often Dollars (Sl0.00), the receipt and sufficiency of ,,,~ hich is hcrcby acknowledged, shall indemnify, defend and hold harmless LESSOR, its agents and employees from and against any and all liability (statutory or otherwise), damages, claims, suits, demands, judgments, cost~. interest and expenses (including. but not limited to, attorneys' fees and disbursements both at trail 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} LESSEE'S use of the Demised Premises, (B) any work or thing whatsocver done, or any conditions created (other than by LESSOR. its employees, agents or contractors} by or on behalf of LESSEE in or about the Dcm,sod Premises. (C) any conditions of the Demised Premises due to or resulting from any default by I.ESSEE in thc performance of LESSEE'S obligations under this Lease, or (D} any act. omission or negligence of I.ESSEE or its agents, contractors, employees, subtenants, licensee or invitees. In case any action or proceeding is brought against LESSOR by reasons of any one or more thereof, LESSEE shall pay all costs, attorneys' fees, expenses and liabilities resulting therefrom and shall defend such action or phc:ceding if LESSOR shall ~o request, at LESSEF.'S expense, by counsel reasonably ~,atisfactory to LESSOR. Thc LESSOR shall not he liable for any injury or damage to person or property caused by the elements or by other per?~ns in the Demised Premises, 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 in construction of any public or quasi-public works. The LESSOR shall not be liable for any damages to or loss of, including loss due to petty theft, any property, occurring on Ihe Demised Premises or any part thereof, and the ! ESSEE agrees to hold the I.ESSOR harmless from any claims for damagt~, except ~'here such damage or inJuD' is tile result o£ the gross negligence or willful ml~onduc, ofthe LESSOR or its employees.ARTiCLE 9. Insurance 16 D3 LESSEE shall provide and maintain general liability and property liability msurancc policy0cs) pursuant to the provisJml of the Florida Insurance Risk Management Trust Fund and pursuant to thc provisions of .e~'ction 76g.2g. Florida Statutes, during: the lerm of this Agreement. In addition. LESS['~[:~ shall provide and maintain Worker's Compensation Insurance covering ali cmployecs meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage shall include Employer's Liability with a minimum hmit of One llundred Thousand Dollars and Nffl00 Cents (SI00.000.00) each accident. Evidence of such insurance shall be provided to the Collier County Risk Management Department, 3301 East Tamiami 'Frail, Administration Building, Naples, Florida. 34112, for approval prior to the commencement of thi~ Lease Agreement; and shall include a provision requiring thirty (30) days P°ol' written notice to Collier County e/o County Risk Management Department in the event of cancellation or changes in policy(les) coverage. The LESSEE acknowledges and agrees that no changes or cancellatlon~ to the insurance coverage will occur without thirty (30! days prior ~s~tten notice lo I.F~gSOR. I.F. SSF~E shall ensure that I.ESSEE'S insurance provider will he responsible for notifying the Lessor directly of any changes related to insurance coverage. I.ESSEE shall also ensure that the insurance coverage pro~ided in accordance with this agreement shall require that the company or companies writing such insurance policy(ies) shall provide to LESSOR wrilten notice of cancellalion thirty (30) days Poor to the proposed cancellation. LESSOR reserves the right to reasonably amend the insurance requirements by issuance of notice in writing to LESSEE, whereupon receipt of ~ch notice LESSEE shall have thirty (30} days in ,~hich to obtain such additional insurance. ARTICLE !0. bialntenancc I.F. SSEF. shall keep the Demised Premises clean at all times. ARTICLE I 1. L~ILJ~L~di~ Failure of LESSEE to comply with any pro~asion or covenant of this I.case shall constitute a default and LF~$SOR may, at its potion, terminate this Lease after providing ~Titten notice to I.F. SSEE, as specified in Article 2 of thi~ Lease, unless the default he cured within the notice period (or such additional time as is reasonably required to correct .such default). ARTICI.E 12. [~ LESSOR shall ~n no event he charged w~th default in the performance of any of its obligations hereunder unless and until LESSOR shall have failed to perform such obligations within thirty (30) days (or such additional t~me as is reasonably required to correct such default) after notice to LESSOR by LESSEE properly specifying whereto LESSOR has failed to perform any such obligations. ARTICI.F. 13. Notices Any notice which L-ESSOR or LESSEE may be required to give to thc other party shall be m writing to the other party at the following addresses: LESSOR: Board of County Commissioners c/o Real ProperW Mgmt. Dept. 3301 East Tamiami 'Frail Administration Building Naples, Florida 34112 LESSEE: Representative Dudley Goodlctte 4001 North Tamiamt Trail. Suite 300 Naples. Florida 34103 Office of the County Attorney Facilities Management Department Director ARTICLE 14. Surrender of Premise~ LESSEE shall deliver up and surrender to LESSOR possession of the I)cmiscd Prcmises at the termination of this Lease, or ils earlier termination as herein provided, broom clean and in as good condition and repa,r as the same shall he at the commencement of the tcrm of this l.ca~ or may have been put by LESSOR or I.ESSEE during the continuaaee thereof, ordinary wear and tear and damage by fire or the clements beyond LESSEE .'S control excepted. ARTICLE 15. General Provi.,ons 16D3 LESSEE expressly agrees for itself, ils ~uecessor and assigns, to refrain from any use of the Demi.~'d Premises which would interfere with or adversely affect the operation or maintenance of LESSOR'S standard operations where other operations share common facilities. (a) Rights not spcofically granted the LESSEE by this Lease are hereby reservcd to Iht I.ESSOR. (c) I. 'ESSEE agrees to pay all sales tax imposed on the rental of the Demi:,ed Premises where applicable under law. LESSEE agrees to pay all intangible personal property taxes that may be imposed due to the creation, by this l.ease, of a leasehold interest in the Demi~d Premiss or I.F. SSEE'S possession of said leasehold interest in the Demised Premises. ARTICLE 16. Env,ronmental Concerns LESSEE represents, wan'ants and agrees lo indemnify, reimburse, defend and hold harmless L 'ESSOR, from and against all costs {including attorneys fees} asserted against, imposed on or incurred by LESSOR directly or indirectly pursuant to or m connection with the application of any federal, state, local or common law relating to pollution or protection of Ihe environment. ARTICLE 17. ~don Gas in compliance with Section 40~.056. Florida Statutes. all parties are hereby made aware of the following: Radon ~s a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health riski to persons who are exposed 1o it over t,me. Levels of radon Ihat exceed federal and state guidelines have been found in buil,lings in Florida. Additional information regarding radon and radon testing may be obtained from your County Public llealth Department. ARTICLE 1 g. ~ All persons Io whom these presents may come are put upon notice of the {'act that thc interest of the L .ESSOR in the Demised Premises shall no~ be subject to liens for improvements made by the LESSEE. and liens fin improvements made by the LESSEE are specifically prohibited from attaching to or becoming a lien on the interest of the LESSOR in the Demised Premises or any part of either. This notice is given pursuant to the provisions of and in compliance with Section 713. I O, Florida Statutes. ARTICLE 19. ~ This l.ease shall become effective upon execution by both LESSOR and LESSEE. ARTICLE 20. ~ly. gxxlmg. J.a~ This Ixase shall be governed and construed in accordance with the laws of the State of Florida. IN WITNESS WIIEREOF. the parties hereto have hereunder .~t fi~rth their hands and seals. AS TO TIlE LESSOR: DATED: "~ ~ _qe~ ATTEST:., DWIOJ{T E. BROCK, Clerk g .t - . tx-puty C~erk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA AS TO LILSSEE: DATED:_g~~ (print name) WITN -ESS~signatur¢) REPRESENTATIVE DUDLEY GOODLETi'E Approved as to form and legal sufficiency: Assistant County Attorney i6D]~ 0 0 16D4 RI~SOI,tiTION 9{',1- ,193 I,',I,;S()I,UTION OF Till': II(}Al.lI) OF COUNTY COMMISSIONERS, COI,i,II.~R C()[INTY, I:i,ORII)A, :\I'PROVING A I,EASE AGREF, 31ENT BETWEI.~N ('()i,I,ll.;R ('()UNTY AND CON(;RESSMAN PORTI,~R GOSS I:O1~, TIIE ('()NTINUI.:I) UTII,IZ..VI'ION OF OFFICE Si'ACE WITIIIN Till.; ,.\I).\IINIWI'R..VI'I()N BUII,I)IN(;. \Vt ltLI:.IL,\S, ('ongrcssman Porter Goss ("Ctmgrcssman") desires to cominu¢ to lease an office space on file second floor of thc Administralion Building owned by Collier County, a political subdivision o1' thc gillie o[' Florida ("('oilier County"), in order lo operate a United St;tics govcrnmcnl office. Wt IERIL,\S, thc Lease .,\grccmcnt provides for an initial m'o (2) year Icrm which rcllccls the CollgrcssllliUl'S election term. Thc l.casc provides Ibr a renewal term, if Iht Congressman is re-clotted, Ibr hvo (2) additional years lbllowing thc initial l,casc Icnn. V',"III{RE:\N, Ibc l~o;u'd o1' ('ounlv ('ommissioncrs is salisficd thai Ibis properU. is required for thc ('ongrcssmun's usc ami is nol needed for Courtly lmrposcs. NO\V TIIIiI~,I{FORt,~, I?,E IT RESOLVED BY TIlE BOAR. D OF COUNTY COMMISSIONI!RS OF COI.[.II.!R C(')UNT'~', FLOR[DA, that: I. Thc IIo:u'd of ('oumv ('ommissi(mcrs does approve thc allachcd [,case Agreement hct,.vccn ('oilier ('ountv mid ('ongrcssll'~all Porter Goss, tLS. Ihmsc of Representatives. 2. Thc ('h;firm:m of thc [io',u'd ol'Counl\' Commissioners ol'('ollicr ('ounly, Florida, is hereby authtn'i/cd to execute Iht: altachctl [.case ,'Xgrccmcnt. IIO.,\RI) OF ('OUNI'Y COMMISSIONI!RS ('OI.I.I[!R COUNT'f, FI.ORIDA / Approvcd its to form and h4gal suf'licicncy:. , ! · tlcidi F. ,'\sllhm Assistant ('OLIIIIV ,'XHOI'IICV Da. EQ: TO: From: December 22, 1998 Kathy McLarty, Administrative Assistant Special Services Department Ellie Hoffman, Deputy Clerk Minutes & Records Department Collective Bargaining Agreement Between the Board of County Commissioners and the International Association of Fire Fighters, Local 3670 Please find enclosed the original document as referenced above, Agenda Item #16D5, as approved by the Board of County Commissioners on December 15, 1998. Kindly forward this agreement to the Professional Firefighters of the Everglades International Association of Firefighters for the required signature and return the fully executed original to Minutes and Records. If you should have any questions, please contact me at: 774-8406. Thank you. Enclosure COLLECTIVE BARGAINING AGREEMENT BETWEEN COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AND PROFESSIONAL FIREFIGIITERS OF TIlE EVERGLADES INTERNATIONAL ASSOCIATION OF I;'IREFIGIITERS, LOCAL 3670 TABI,E OF CONTENTS ARTICLE I; PREAMBLE ......................................................................................................... 4 ARTICLE 2; RECOGNITION ................................................................................................... 5 ARTICLE 3: MANAGEMENT RIGttTS ................................................................................... 6 ARTICLE 4: STRIKF, PROItiBITIONANDWORKREQU1REMENTS ................................. 8 ARTICLE 5: NON DISCRIMINATION AND EMPLOYEE RIGHTS ...................................... 9 ARTICLE 6: DUES DEDUCTION .......................................................................................... 10 ARTICLE 7: UNION ACTIVITY ............................................................................................ 13 ARTICLE 8; UNION BUSINESS ........................................................................................... 14 ARTICLE 9: BULLETIN BOARD SPACE ............................................................................. 15 ARTICLE 10: EMPLOYEE STATUS ..................................................................................... 16 ARTICLE II; WORK PERIOD AND OVERTIME COMPENSATION ................................. 17 ARTICLE 12; SENIORITY ..................................................................................................... 18 ARTICLE 13; PROMOTIONS ................................................................................................ 19 ARTICLE 14: ASSIGNMENT DURING DISABILITY (Restricted Duty) ............................. 20 ARTICLE 15: DISCIPLINE AND DISCHARGE ....................................................................21 ARTICLE 16; GRIEVANCE AND ARBITRATION PROCEDURE ....................................... 23 ARTICLE 17; PERSONNEl. REDUCTION ............................................................................ 30 ARTICt. E 18: OUTSIDE ACTIVITIES .................................................................................. 31 ARTICLE 19: SlCKI.EAVE ARTICLE 20: BEREAVEMENT LEAVE ............................................................................... 37 ARTICLE 21: JURY DUTY AND COURT APPEARANCES ................................................. 38 TABLE OF (~ONT,F. NTS ARTICLE 22: MILITARY LEAVE ARTICLE 23: PART-TIME EMPLOYEES ............................................................................. 40 ARTICLE 24' HEALTH BENEFITS ....................................................................................... 41 ARTICLE25: LIFE INSURANCE ,ARTICLE26: PENSION PI.AN ARTICLE 27: HEALTtt AND SAFETY ARTICLE 28: SALARIES. ...................................................................................................... 6 ARTICLE 29: BASIC RATE OF PAY ARTICLE 30: SHIFTEXCItANGE ARTICLE31' POSTING OF SCHEDULES ARTICLE 32: WORKING OUT OF CLASSIFICATION ........................................................ 52 ARTICLE 33: UNIFORMS AND EQUIPMENT ..................................................................... 53 ARTICLE 34: EDUCATIONAL DIFFERENTIAL .................................................................. 5.5 ARTICLE 35' PARKING ARTICLE36: VACATION LEAVE. ARTICLE 37: SAVINGS CLAUSE ......................................................................................... 60 ARTICLE 38: ALCOtIOI. AND DRUG TESTiNG ................................................................. 61 ARTICLE 39 (LAST ARTICLE): DURATION .......................... . 63 ARTI~TLE I PREAM B LE Section I. 1 This Agreement is entered into by and between Ochopee Fire Control District, a dependent taxing district, whose governing board is the Board of County Commissioners of Collier County, Florida, (hereinafter referred to either as the "Employer" or the "County") and the Professional Firefighters of'the Everglades International Association of Fire Fighters, Local 3670, (hereinafter referred to as the "Union"). It is the purpose of this agrecmcnt to achieve and maintain harmonious relations between the Employer and the Union; to provide for equitable and peaceful adjustment of differences which may arise under this Agreement and to establish wages, hours, and other conditions of' emi~loyment. RECOGNITION .~¢tion 2~ 1~ The County hereby recognizes the Union as the exclusive bargaining agent for all employees of the Fire Department as certified by the Public Employees Relations Commission, Certification # 1138, OR-96-002. The appropriate bargaining unit is comprised as follows: INCLUDED: All employees of the Ochopee Fire Control District occupying the classifications of firefighter and lieutenant. EXCLUDED: All other employees of the Ochopee Fire Control District. 5 .ARTICLE 3 MANAGEMENT RIGliTS ~S¢ction 3, I Except as otherwise provided in this Agreement, the management of the Ochopee Fire Control District and the direction of its work force, including but not limited to tim exclusive rights to determine whether all or any part of the operations covered by this Agreement shall commence, cease, continue, reduce or increase; to remove the operation or any part thereof to any location; to establish new jobs; to abolish or change existing jobs; to increase or decrease the number of jobs or employees; to change materials, processes, products, service, equipment, work schedules and methods of operation: to introduce new materials, equipment, services or facilities; to assign work to be performed: to assign or reassign employees to shifts, create or abolish shifts and rotate shifts; to require employees to work overtime; to establish and change hiring procedures; to set the work schedules; to transfer employees from job to job or shift to shift, either on a permanent or temporary basis; to evaluate and direct the work ofthe employees covered by this Agreement; to maintain, enforce, rescind or change County policies, procedures, rules of conduct, orders, practices, directives and other operational procedures, policies and guides not inconsistent with this Agreement; to establish the standards ofconduct and work of' employees; to establish or change operational standards; to determine the services to be provided by the County; to discipline or discharge employees for just cause; to lay offemployees from duty for lack of work or for other operational reasons; to establish requirements for employment; to promote and demote employees and to have complete authority to exercise those rights and powers incidental necessary for the orderly and efficient operation of the District, shall be vested exclusively in the County. The Employer's failure to exercise any right hereby reserved to it or its exercising any right in a particular way shall not be deemed a waiver of its right to exercise such right nor preclude the Employer from exercising the same right in some other way not in conflict with the express provisions of this Agreement. ~e__ckion 3.2 There shall be complete recognition of thc right, responsibilities and prerogative of County management under this Agreement. This Agreement shall be so construed that there shall be no diminution or interference with such rights, responsibilities and prerogatives, except as expressly modified or limited by this Agreement. .SeCtion 3.3 If, in the sole discretion of the County Administrator, it is determined that a civil emergency condition exists, including but not limited to riots, civil disorders, hurricane conditions or other catastrophes, the provisions of this Agreement may be suspended by the County Administrator during the time ot' the declared emergency, provided that wage rates and monetary fringe benefits shall not be suspended. S__c.~tj o_0n 3 ._34 It is understood by the parties that ever7 incidental duty connected with the operations enumerated in job descriptions is not always specifically described and employees, at the discretion of management, may be required to perform other jobs related to public safi;ty fiJnctions not specifically contained in their job description. Se__.c!i0n 3:5 Deliver)' of County services in the most efficient, effective and courteous manner is of paramount importance. Accordingly, the Union agrees that it will instruct its members to work diligently in order that the services performed meet the above standards. Section 3.6 Those inherent managerial functions, prerogatives and policy-making rights which the Employer has not expressly modified or restricted by a specific provision of this Agreement are not in any way subject to the grievance and/or arbitration procedure contained herein. ~ection 3.7 In the spirit of continued harmonious relations between tile employees and the Emp oyer the Employer agrees to provide notice to the Union, in writing, of any change in County policies or rules of general application prior to implementation, which would affect members of the bargaining unit. The Union will have five (5) calendar days to ill,,: any objections to the proposed changes with the Employer, which shall consider said objections befi~re making its final decision. This Article does not remove the right of the Union to request impact bargaining on any management decision that is a mandatory subject of bargaining, as long as the Union's request is in writing. Any such request must be made within five (5) calendar days of notice of such change to the Union, or, if no notice is given, within five (5) calendar days of when the Union should have upon the exercise of due diligence become aware of such change. .A RTICI[~E 4 STRIKE PROIIIBITION AND WORK REQUIREMENTS Sectio.n 4. I The Union and bargaining unit members do not assert and will not assert or advocate any right to engage in any concerted work stoppage, slow down or strike, or to withhold services or otherwise hinder the County's operations. Each employee who holds a position with the Union occupies also a position of special trust and responsibility in maintaining and bringing about compliance with this Article and the strike prohibition of Section 447.505, Florida Statutes and the Constitution ofthe State of Florida, Article I, Section 6. Section 4.2 Any and all employees who engage in a strike or in any violation of the strike prohibition under the Florida Constitution or Chapter 447, Florida Statutes, or this Article shall be disciplined, up to and including discharge, by the County, and any such action by the County shall not be grievable or arbitrable under the provisions of Article 16 - Grievance and Arbitration Procedure, except to determine if the employee engaged in a violation of' this Article. There shall be no lockout by management during the term of this Agreement. ARTICLE NON DISCRIMINATION AND EMPLOYEE RIGiiTS Section 5.1 Neither the County nor the Union shall discriminate against any employee covered by this Agreement because of Union membership or nonmembership. Employee rights as provided by local, state and/or federal law are hereby preserved; provided that allegations of' discrimination based on race, sex, religion, national origin, disability, age or color will be resolved in the appropriate court or administrative agency and not under Article 16, the Grievance and Arbitration Procedure. ARTICLE 6 DUES DEDUCTION Section 6. I The County shall deduct front the pay of all Union members who authorize such deduction, the monthly dues payable to the Union. The County reserves the right to bill the Union for the initial setup cost of dues deduction if the Clerk of'the Court charges the County for this service in an amount not to exceed Seventy Five ($75) Dollars. Section 6.2 Payroll deduction shall be accomplished on the second pay period of each month. The County will only be responsible for deducting dues associated with the 26 paycheck schedule. There is no obligation for the County to deduct dues from specially prepared checks, such as early vacation pay. Section 6.3 Employees desiring the dues deduction shall authorize it by completing an appropriate form prescribed by the County. ']'he form is attached hereto as Exhibit I. Section 6.4 The Union agrees to indemnify the County, and hold it harmless, from and against any liability, real or asserted, of any kind or nature whatsoever, to any person or party, on account of the County's compliance or efforts to comply with this Article. The County has no obligation to inform employees of the amount of Union dues or change of such dues. Sec!i .on 6.5 It shall be the Union's obligation to keep the County at all times informed, by certification by the Secretary/Treasurer of the Union, of the amount of the uniform dues. Dues will only be deducted for employees who comply with Section I of this Article and who authorize deduction of dues by executing Exhibit 1. 10 ~fion 6 6~ The County's monthly transmission of dues money to the Union will be accompanied by a list of names of employees affected, and the amount transmitted with regard to each. Section 6.7_ The County will not deduct or transmit to the Union at any time any monies representing fines, fees, penalties, or special assessments. Section 6.8 The obligation to commence making deductions on account of any particular authorization shall become effective with respect to the calendar month following the month in which the authorization is received, provided it is received on or before the 20th of' the month by the County. ~;ec,tion 6.9 Any employee may withdraw from membership in the Union at any time upon 30 days written notice to the County and the Union. Upon receipt of such notification the County shall terminate dues as soon as practical. ' 11 AF, I'I('I.I(6-- i'iXIilBI'I' I COLLI.ER ('OUN]h' BOARD OF COUNTY COMMISSI()NE~ AUTIIOR17~CI'ION Ft~)R PAYROi,I, DE!)U<?I'IO~ OF UNi()N BUES ~ ~b ~:.~.~ ~t~: >:'<'~ · ' F:~* :: ..... .:-.:: ::~ '.' :IJ~e~ ~Jx ~ t~ CuE .~IS.I~ ~l.d 1~] Umon :,Uountv anu ~,~e Union-.This .~:...... ..... ::..::... ., <o~,,,) (,o[~.~ .~..lo~., m~d to thc Umof~?:;? :..,,~.:.:.:,~.. ;,. ,, .....:..::~,:..:, ~ ..~ "' =: ~: . ..... =;~:.'.;~'ff~',.~.'? t' ,: .:~i" : -<'><' '-"- ' -~: ' ' ' :. Coun~.y fi'om liability thereR, r.- NAME :.':; ;?:':: ' "':: :: '"::::~':' .... DATE 50CIAUSECUI~ITY NI..;Mf~ER ' ' S I G N,.\ "I'L'l.i l.i AUTtlORIZATION TO STOP PAYR()I~L 1)EDUC'I'JON OF I.!N!ON DUES ded] tctjng the:sum whJch Was des/gt~aled .~ahd cu; rent by the '['rcz:st~rcr of Local 3070/I.A. · :', :::, . - 12 .A RTI~LE 7 UNION ACTIVITY ~_ction 7.._3.1 There shall be no discrimination, interference, restraint, or coercion by the Employer against any employee for his activity on behalf of', or membership in, the Union. Nor shall there be any discrimination, interference, restraint, or coercion by thc Union or any Union member against an5, employee because of that employees refusal to join the Union or participate in Union activity. 13 UNION BUSINESS -section 8, 1 Meetings mutually set by the Employer and Union shall be set so as not to interfere with the Union spokesperson's work schedule. To this end, meetings will be scheduled during the Union spokesperson's off-duty hours unless this is mutually agreed to be impossible. .Section 8.__22 Union members shall be allowed to hold meetings at Fire Stations after 1900 hours provided such meetings do not interfere with training or any scheduled activities of the Department. 14 ARTI(~LE 9 BULLETIN BOARD SPACE ~cctior~ 9, I The Union may provide a bulletin board at its expense and the Employer restricts its use to notice of Union meetings/activities and meeting minutes. No political notices shall be displayed. A copy o£all notices to be posted will be provided pdor to posting to the Fire Chief'. IS ARTICI,E 10 EM PLOYEE STATUS .S. ectiqm I 0. I The employer shall maintain and post annually a current seniority list. This list shall be used whenever called for by specific articles and sections of' this agreement and in such other cases as may be agreed upon by the Employer and the Union. Once this list is received, the Union has five (5) business days to raise any issues as to the correctness of the list. Otherwise, the list will be accepted as correct for all purposes. 16 ARTICLE 11 WORK PERIOD AND OVERTIME COMPENSATION Section I I, ] Employees in the classifications Firefighter and Lieutenant Firefighter shall work one of the following regular schedules: A. Twenty-four (24) hours on duty followed by forty-eight (48) hours off duty in a repeating rotating schedule. B. Twelve (12) hours on duty followed by twelve (12) hours off duty on a rotating schedule. C. Ifany other shifts are started other than as set forth above, the County will advise the Union and, upon request, negotiate over the new shifts prior 1o the implementation. Section 11.2 Overtime will be paid in accordance with the Fair labor Standards Act and paid leaves will not be counted as time worked for the purposes of determining whether or not overtime is due. Paid time offofany kind shall not be counted as time worked. Section ii.3 Nothing in this article shall be interpreted as a guarantee of any number of hours of work per day or per week. Section 11.4 Nothing in this Article or in this Agreement shall be interpreted as prohibiting or in any way restricting non-bargaining unit members from performing bargaining unit work. Section_l 1.5 The pay period shall begin at Saturday 0830 hours and end 21 days later at Saturday 0830 hours. Time and one-half the employees' regular straight-time rate will be paid for hours actually worked in excess of one hundred fifty nine (159) during the pay period. 17 ARTICI,E 12 SENIORITY Section 12.1 Seniority is defined as continuous ser¥ice with the Ochopee Fire Control District and is that time actually spent on active payroll. The seniority date shall be an employee's last date of hire in the Ochopee Fire District. Prior service with Collier County Government or with any other public agency will not count except to the extent required by law. Employees with the same employment date shall be assigned to the seniority list by the lowest four digits of their social security number with the lowest number having greatest seniority. It is agreed that the seniority provisions of this Agreement shall not apply to employees who have not completed their probationary period; however, upon the satisfactory completion of his/her probationary period tile employee will be entered on the seniority list as of the original date of }lire. Section 12.2 The first six (6) months of employment with Ochopee Fire Control District shall be considered probation. An employee will be off'probation and considered a regular f'ull-time employee upon receipt ora "meets expectation or above" evaluation, which is performed after six (6) months of employment. The probationary period may be extended up to an additional three (3) months upon mutual agreement of the parties. During the extension of probation, a person can be evaluated and made a regular employee at any time. During the probationary period, including any mutually agreed upon extension, the probationary employee is not entitled to utilize the grievance and arbitration procedure under Article 16 ofthis contract. Section 12.3 Break in Continuous Eml?lo_~'ment When there has been a break in continuous employment for thirty (30) days or more, except for any approved leave or a layoff, the affected employee, upon reinstatement or re- employment, will be considered a new employee for all purposes under this contract. 18 ARTI(~LE 13 PROMOTIONS Section 13.1 Promotions are offered in an effort to recognize and reward an employee for acceptance of increased responsibilities. A promotion occurs as a result ora competitive process for a vacant position. Department employees who meet the minimum requirements established in the position classification and successfully complete the promotional testing process will be given first consideration in filling the vacancy. Upon promotion to a classification with a higher pay grade, the employee shall receive a I0 percent (10%) pay increase or the base salary of the new position, whichever is greater, unless such increase would exceed the control point of the range for the class. Section 13.2 Any time an employee accepts a promotion to any position within the District, that employee shall be on probation for the first six months in the new position. At any time during the six month probationary period, the employee may be demoted without recourse provided the employee is returned to the employee's prior job classification without loss of seniority. A demoted employee will be paid at the rate the employee would have received had he/she not been promoted. The demoted employee will be provided a written explanation as to why he or she was demoted. 19 ARTICLE 14 ASSIGNMENT DURING DISABILITY (Restricted Duty) Any member of the bargaining unit that is unable to work shall receive compensation consistent with Workers' Compensation Laws, Federal Laws, and Disability Insurance. A bargaining unit member may be assigned to a restricted duty position, due to a temporary disability and, if so, shall be assigned a duty schedule consistent with the physician order and be compensated as if they worked their regular shift schedule regardless of the actual hours worked as long as there are accumulated leave hours banked to cover any nonproductive time. If assigned to temporary duty, accumulated leave will be utilized to maintain the bargaining unit member's normal salary. Compensation and fringe benefits will be paid in accordance with the normal gross weekly wage of' their regular position. The employer may coordinate such payment of' compensation with applicable Workers' Compensation Laws, Federal Laws, Disability Insurance, and other sources which contribute to or govern the payment of compensation. in no case shall such an employee receive compensation which shall exceed their normal compensation nor shall the employer extend such restricted duty assignment, if provided, beyond the date of maximum medical improvement. Temporarily disabled employees both due to disabilities occcurring on or off duty, shall return to temporary duties, if offered, or full time normal duties, subject to such release by their treating physician. The employer reserves the right to seek an independent medical opinion as it deems necessary with the cost of such independent medical examination to be borne by the Employer. Nothing in this section shall be construed to prevent or limit the employer in determining the type of temporary duty assignment or the number of hours per day or week for such assignment consistent with medical limitations. An employee under such temporary restricted duty assignment shall continue to be responsible for the payment of their employee contribution, ifany, under the County's group insurance program. 20 .A RTICI,E 15 DISCIPLINE AND DISCIIARGE Section 15. I No regular, full-time, non-probationary employee shall be disciplined or discharged without just cause. .S.¢ction 15.2 Whenever an employee who is a "Firefighter" as defined by Section 112.81(1), Florida. Statutes, is subject to "interrogation" as defined by Section 112.81(6), the '~rengnter s Bill of Rights" shall be implemented. $__ec. tion I 5~__._:3_ Disciplinary actions of the County consisting of suspensions without pay of more than 12 hours, involuntary demotions (except demotions while on promotional probation), and dismis~ls shall be subject to arbitration. 5_e ._4 The County retains the right to discipline any employee with just cause. An employee is not entitled to any particular number of warnings prior to the imposition old sc pline _Sgctio..r~ 15.5_ In determining the appropriateness of discipline, the County shall consider the seriousness and frequency of offenses, the employee's work performance; conduct and disciplinary record: attendance record: and any other factor relevant to fair and appropriate discipline. It is the intention of the County to use progressive discipline in an effort to rehabilitate employees. However, where circumstances warrant, immediate termination with just cause may be utilized. 21 S. ¢ction I Except in exceptional circumstances (i.e., when the employee's presence or continued presence on the County property may create a danger to County employees or the public), an employee shall have the right to an infom,al hearing prior to termination. The employee will receive a written notice of the time and place of the informal hearing. The written notice will include: (a) the charges (reasons for the disciplinary action) under consideration; and (b) the general facts which form the basis of the disciplinary action. An employee may request Union representation during any such hearing. 22 ARTICI,E t6 GRIEVANCE AND ARBITRATION PROCEDURE Section 16. [ In a mutual effort to provide a harmonious working relationship between the parties to this Agreement, it is agreed to and understood by bath parties that there shall be a procedure for the resolution of grievances between the parties arising from any alleged violation of a specific term of this Agreement. Section 16.2 Definition. For thc purpose of this Agreement, a grievance is defined as a dispute, claim or complaint that any employee or group of' employees may have as to tile interpretation, application, and/or alleged violation of some express provision of this Agreement which is subject to the Grievance Procedure. Sectign 16.3 Nothing in this Agreement shall be construed to prevent any employee from presenting, at any time, his/her own grievance in person or by a representative to the employer and having such grievances adjusted without the intervention of the bargaining agent; provided the adjustment is not inconsistent with the terms oFthis Agreement and a Union Steward is given the opportunity to be present at any meeting, if held, and provided further th~: any scheduled meeting, if any, will not be delayed For more than twenty-four hours to allow for the presence of a steward. The Union will be notified by the Employer of the disposition of the grievance within five (5) working days of the decision. If the grievant requests Union representation, the grievant will notify the Employer. It is tile responsibility of the grievant to notify the Union of any meeting called for the resolution ofgrievances, whether or not the employee desires to be represented by the Union. Section possible. mutual Every reasonable effor~ will be made by the parties to settle all grievances as soon as The time limits set forth shall be strictly complied with, and can only be extended by 23 ............ III- I Irlll -I IIIII ......... I agreement o1' the parties in writing. Any grievance shall be considered settled at the last level considered if the grievant fails to timely process his/her grievance. B. The Union ',,,'ill not be required to process grievances for ernployees who are not members of the Union. C. The commencing of legal proceedings against the County in a court of law or equity, or before the Public Employee Relations Commission, or any other administrative agency for misapplication or misinterpretation of the terms of this Agreement, shall be deemed an election of remedy and shall be deemed a waiver by said employee or the Union of its/their right to resort to the grievance and arbitration procedure contained itl this Article. D. If' tile subject of any grievance filed under this Article is presented directly to a County Commissioner or the Board of Commissioners for discussion or resolution, it shall be considered a waiver of arbitration fights as prescribed in this Article. l[owever, this shall not be construed to prevent any employee from discussing matters of public concern with appropriate public officials. All grievances, as outlined above, must be in writing and must contain the Rfllowing information: (1) Article and Section ofthe Agreement alleged to have been violated'. (2) A statement of the grievance, giving facts, dates and times of events, and specific violations with the remedy or adjustment desired; (3) Signature ofaggricved employee and date signed; and (4) Signature of the Union representative (must be a designated official or steward) if the grievant requests Union representation and is a IJnion member. Any grievance not containing the information set forth above or not timely submitted may be processed through the grievance procedure, but shall not be subject to arbitration absent the mutual consent of the parties The grievance must be submitted and completed in full as set forlh in L:xhibit 2 of this Agreement. S._¢.e_c t i__o_n 16.6 ,,.Grievances shall be processed in accordance with the following procedures: STEP I: The grievant shall present in writing his/her grievance to the Fire Chief or designee within seven (7) calendar days of the occurrence of the action giving rise to the grievance. Discussions will be informal for the purpose of settling differences in the simplest and most effective manner, The Fire Chief or designee shall reach a decision and communicate in writing to the grievant within seven ('7) calendar days from the date the grievance was presented to hinv'her. Failure of the Fire Chief or designee to timely respond shall be considered a denial of the grievance and shall entitle the grievant to appeal to Step 2. STEP 2: If the grievant does not settle his,4~er grievance in Step 1, the grievant, within seven (7) calendar days, may present it to the Emergency Services Administrator, or her/his designee. The Administrator or her/his designee shall investigate the alleged grievance as appropriate and may, within ten (10) calendar days of receipt of' the written grievance, conduct an informal hearing or meeting between hinv'herself', thc grievant, and others as necessary. The Administrator or her/his designee shall notify thc aggrieved employee in writing of tile decision not later than ten (10) calendar days following the conclusion of'the in'-'estigation and/or hearing of the grievance in Step 2. Failure of the Administrator to timely respond shall be considered a denial of the grievance and shall entitle the grievant to appeal to Step 3. STEP 3: If a grievance, as defined in Section 16.5 of this Article, has not been satisfactorily resolved within tile grievance procedures, the grievant may, within seven (7) calendar days after the response is received at Step 2 of thc Grievance Procedure, request a panel of seven arbitrators from the Federal Mediation and Conciliation Service. A cop), of the written request will be provided to the Administrator. Section 16.7 Upon receipt of the list, an arbitrator shall be selected from such panel by alternately striking names from this list (the grievant shall strike first) until the last name is reached. S__ection 16.8 The following general roles are applicable t~) this Article: A. Any grievance involving suspension or termination nlust be tiled within seven (7) days of the suspension or termination v,,ith the Administrator at Step 2. 25 B. The Union or employee may abandon or settle a grievance. Grievances settled under this Article shall be non-precedent setting and cannot be offered as evidence or precedent in any subsequent arbitration case unless the Union and the County mutually agree in writing that the grievance is precedent setting. C. No grievance can be amended or supplemented after the initial management response at Step 1 (Step 2 it1 it involves a suspension or termination) without the written consent of the Administrator. D. The arbitrator shall not have the power to add to, subtract from, moditS,' or alter the terms of this Agreement. E. The arbitrator shall have no power to establish wage scales, rates of pay for new jobs, or to change any wage, except ifhe is specifically empowered to do so by both parties. F. The arbitrator shall have only the power to rule on grievances arising under this Agreement, as defined under Section 16.2 and which comply with the requirements of Section 16.4 (A) and (C), Section 16.5 and the time limits established by this Article. G. The arbitrator shall determine each dispute in accordance with the terms of this Agreement and in accord with a Submission Agreement, if one can be agreed to. If there is no Submission Agreement, then the arbitrator will rely on the grievance under Section 16.5. tt. The arbitrator shall not receive into evidence nor rely upon any past practices that occurred prior to the date of execution of'this Agreement. I. In disciplinary and discharge cases, the arbitrator may not modify the action taken by the County absent clear and convincing evidence submitted by the grievant that shows either (I) the factual basis upon which the County relied in taking the disciplinary or discharge action was erroneous, or (2) clear and convincing evidence that the action taken by the County was excessive. J. The arbitrator shall deduct any unemployment compensation received by the grievant from back wages in a suspension or discharge case. K. The arbitrator's sole authority with regard to monetary awards is tile award of back pay. No interest, costs or other damages of any type whatsoever may be awarded. No back pay will be awarded for time prior to the date of'filing ofthe grievance. L. Only grievances based on events or occurrences which occur after the date of' the execution of the Agreement can be processed under this Article. 26 Section 16.9 There shall be no appeal fi-om the arbitrator's decision; it shall be final and binding on the Union and on all bargaining unit employees and on the County; provided, however, that the arbitrator's decision is not outside or beyond the scope of the arbitrator's jurisdiction and authority as set forth in this Agreement. Section 16.10 The costs for the arbitrator fees and expenses shall be borne equally by the parties. Expenses for witnesses, attorneys and requested ~,ranscripts shall be borne solely by the party requesting and/or utilizing them. Transcripts, if recorded by a court reporter, may only be obtained directly from a court reporter. 27 EXHIBIT 2 IAFF LOCAL 3670 GRIEVANCE PROCEDURE (Last Name) (First Name) (Middle Name) submit the following grievance which took place on at (Location) against (Class/Rank) (Date/Time of Day) Article(s) and Section(s) of the Labor Agreement alleged to have been violated (Name) Statement of Grievance: Date, Details, and Facts t, pon which grievance is based: Remedy or Solution requested: (Signature of Employee) (Da/e) 28 [[ ..... [[[[[[[[[ [ I[ ..... [ ....... Step 1 ) Step 2) Step 3) Discussion of Grievance with Fire Chief: Resolved [-'l Unresolved ~-] Date: Submitted to Step 2 - Date: Discussion of GFievanccwith Emergency Services Admini~;!r~t_o_r Resolved [] Unresolved [] Date: Submitted to Step 3 - Date: ~r0m the Fcdcr~,l Mediation and Conciliation ,$_cr,,'ic~: Date: 29 .ARTICLE 17 PERSONNEL REDUCTION Section 17.1 In the event of a reduction in force, the County will consider a number of relevant factors in determining selections for layoff, with the public interest to be of prime importance. Factors to be considered include, but are not limited to: A. The average rating on the performance evaluations for the last 3 years; Conduct/disciplinary record for the last 3 years; Attendance record for the last 3 years; and Seniority within classification. As between two employees in the bargaining unit, if the County in its sole discretion, determines factors A, B and C are relatively equal at the time of layoff; then seniority shall prevail. Section 17.2 Recall will be in reverse order of layoffs. No new bargaining unit employees will be hired by the County until all members of the bargaining unit who were laid offin the prior 6 months are offered recall, Within three (3) work days of a certified receipt date, laid off employees must signify in writing, their intention of returning to work, to the Emergency Services Administrator. Failure to respond to the notice within the prescribed time limits previously stated shall constitute a resignation by the employee. 30 ARTICLE 18 OUTSIDE ACTIVITIES Section 18.1 Employees shall at all times bear in mind that they are seen by the general public, while off duty as well as on duty, as personnel of the County and shall at all times conduct themselves in a professional manner. Section 18.2 Employees accepting employment with any other employer while employed by the County shall do so only so long as the employment is not a conflict of interest, In such instances, the employee's primary obligation shall continue to be to the County and he/she shall arrange his/her afl'airs accordingly. Before accepting outside employment of any kind, the employee must give a written notification to the Fire Chief. Outside employment must not prevent the employee from being mentally and physically able to work when the employee reports for duty with the County. 31 SICK LEAVE Section 19.1 A. Eligibility Ali regular and probationary employees shall be entitled to accrue and usc accumulated sick leave with pay from the date of hire. Under no circumstances shall temporary or other non- regular employees be eligible under this provision. B. Accrual of Sick Leave Regular employees hired after September 30, 199.3 shall accrue sick leave at the rate of.0462 hours for each normal schedule hour o£work with accrual not to exceed 3.69 hours per biweekly pay period and a total accrual per year o1'96 hours. Regular employees hired on or prior to September 30, 1993 shall accrue at the rate of.0577 hours for each normal scheduled hour of work with accrual riot to exceed 4.62 hours per biweekly pay period and a total accrual per year of' 120 hours. Employees may accrue an unlimited number of sick leave hours throughout titeir - .,County career. Sick leave shall be accrued on regular hours worked, earned annual leave taken, earned sick hours taken, holiday hours, jury duty and military leave. 5. Leave without pay and overtime hours are excluded from sick leave accrual. C. Use of Sick Leave I. The minimum charge for sick leave shall be in thirty (30) minute units. 32 2. Sick leave may be granted for the following purposes: Personal illness or injury. Appointments with medical, dental, or other recognized practitioners for consultation or treatment of the employee. Serious illness and/or disability in the employee's immediate family, for up to five (5) days for any one incident. (Note: Immediate family is defined as: spouse, mother, father, brother, sister, or children.) Disabilities arising out of pregnancy, childbirth, and recovery therefrom shall be treated as other temporary, non-job connected disabilities in terms of eligibility for sick leave, vacation, or leave of absence. Notification and Proof of Illness The employee or his/her representative shall be responsible for notifying the Lieutenant before work or within the first hour of the employee's normal workday on each day of absence. Failure to provide timely notice may be cause for denial ofsick leave pay for the period of time. The Fire Chief or designee is responsible for determining that sick leave is properly authorized and used in accordance with these rules. If more than one scheduled shift is missed, a doctor's excuse may be required When an employee has had an illness which requires hospitalization or results in absence from work for more than five (5) consecutive days, the employee shall provide a doctor's certificate stating that the employee may return to work to be eligible for sick leave pay. In cases of accident or injury, a medical leave may be granted without prior notice. If the leave is due to an accident that happens at work, the Department Director must notify the ttuman Resources Department and the Risk Management Department immediately. An employee is generally required tO first use all accrued sick leave; then, if approved by the Fire Chief or designee vacation leave, when out on leave for medical reasons. E. Sick Leave Pay Upon Termination 1. Employees of record on August 2, 1996 shall have their sick leave balances calculated and valued as ofthe end ofthe work day of Augttst 2, 1996. 2. The valuation shall be calculated as follows: Total hours sick leave accrued x % allowed upon separation (see chart below*) =tlours to be 33 paid (subject to 1,040 maximum) Hours to be paid x hourly rate = MAXIMUM SICK LEAVE PAYMENT A record ofthis calculation shall be noted in each employee's personnel file and a copy of the record shall be given to each employee. Upon separation in "good standing," each employee's total accrued sick leave will be calculated and valued in the same manner again. The employee shall be paid the lesser of the two values upon separation. No employee hired after August 2, 1994 shall receive payment for accrued sick leave upon separation. *Sick Leave Pay Upon Termination - employees hired prior to August 2, 1996. Years of Service: Perc~ntoge Paid at At least 2 years but less than 5 years At least 5 years but less than 10 years At least 10 years but less than 15 years At least 15 years but less than 20 years After 20 years 20% 25% 35% 40% 50% The maximum amount ofsick leave hours that may be paid to an employee at termination is 1,040 hours. Regular full and regular part time employees who are laid off from County service shall have the option of receiving payment tbr sick leave in accordance with this section at the time of layoffor retaining all sick leave hours for a period of six (6) months. In the event an ernployee is separated because of death, sick leave shall be paid in the final paycheck in the manner calculated above. Attendance Incentive Plan The Attendance Incentive Plan is designed to reward regular full and regular part tirne employees with good attendance records, on an annual basis, be permitting them to convert a portion of their accrued, unused sick leave to vacation and/or pay. For administrative purposes, the attendance record of each employee is reviewed by the }luman Resources Department on an annual basis from January I to the end of the last pay period of the calendar year. The attendance incentive will be tabulated by using the leave report provided by the Payroll Department. To be eligible for the incentive, an employee must have completed one (I) full year of employment on December 31. 34 3. The conversion of sick leave shall be in accordance with the following schedule: Sick Leave Used During Year Incentive None used - Perfect Attendance Convert 3 days sick leave to vacation or Convert 3 days sick leave to one day vacation and two day's pay. day or less used (normal workday) Convert 2 days to vacation. 2 days or less used (normal workday) Convert I day to annual vacation. More than 2 days used (normal workday) No hours may be converted. Employees who do not wish to convert unused sick leave may continue the accrued ours in their sick leave account provided the Human Resources Department is advised of'this choice in writing. Employee participation in the leave bank program will not impact their eligibility for the Attendance Incentive Program. Leave Bank An employee having used all his/her sick and vacation leave due to absence resulting from a serious illness, accident, or disability may receive sick and/or vacation donated on a voluntary basis by fellow employees in accordance with the following guidelines. An employee must contribute at least eight (8) hours ofaccrued sick and/or vacation to participate in the leave bank program. Other eligibility criteria include being a Regular Full- time or Part-time employee who has successfully completed their initial six month probationary period, having a current performance evaluation of meets standards or better, and a satisfactory sick leave record. Every six (6) months, the Human Resource,; Director will review the leave bank balance and determine ifsufticient time is available. Ifnot, a notice will be sent to all employees requiring further donations in order to continue their participation in the program. Normally, the donated time will be in four (4) or eight (ii) hour blocks depending upon the prior utilization of the bank. The Department Director, with the approval of the Division Administrator, may request the establishment of a leave bank account for an employee. This request must be submitted in writing to the Human Resources Director. The Human Resources Director shall present this request to the Employee Advisory Committee shall review the request in accordance with the eligibility criteria above, and recommend approval or denial. 35 Use of leave bank time shall not exceed three (3) calendar months. Exceptions to the above n~ust be recommended by the Employee Advisory Committee and approved by the County Administrator or his Designee. Leave bank donations are authorized by completing a Leave Bank Form signed and dated by the employee. As !ong as an employee is in pay status, the County will maintain its contribution to the health insurance program for the employee. Employee donations to the leave bank will not impact their eligibility for the Attendance Incentive Program. ARTl(~LE 20 BEREAVEMENT LEAVE ~;ecti_o.n 20 1 A. In the event ora death to a member of an employee's immediate family, bereavement leave with pay shall be granted. This is a separate leave account and is not charged against any other leave account. Bereavement leave shall not exceed three (3) days. For employees whose work week is over for~y (40) hours, bereavement leave may be taken as one (I) 24-hour shift or three (3) eight-hour days depending upon the circumstances. B. For purposes ofthis policy, family is defined as: husband, wife, mother, father, mother-in-law, father-in-law, brother, sister, brother-in-law, sister-in-law, children, foster children, step-parents, step-children, grandchildren, grandparents, aunt, uncle, or a close relative living with the employee. C. Additional days, if requested, may be granted to an employee and charged against the employee's accrued vacation leave. Sick leave may not be used for bereavement. D. Each employee requesting and receiving paid bereavement leave may be required to furnish evidence of the name and relationship ofthe family member involved. Such evidence might include a physician's statement, death, certificate, newspaper report, etc. 37 ARTICLE 21 JURY DUTY AND COURT APPEARANCES It is the practice of the County to provide paid time off for jury duty and appearances to facilitate our employee's availability to meet civic responsibilities. court A. An employee who is called for jury duty on a regularly scheduled work day shall be granted jury duty pay, upon presentation of a summons or subpoena. Any fees received t'or jury duty shall be returned to the County except for meals, travel, and lodging. B. An employee who is subpoenaed as a witness on a regularly scheduled work day not involving the employee's personal litigation shall be granted time off with pay, and any witness fees awarded shall be returned to the County. C. An employee who appears in Court as a witness, plaintifl} or defendant due to personal litigation or criminal charges shall be required to use vacation for any such absence t'rom work. If vacation is not available, the employee may use leave without pay. The employee would not be eligible fi)r reimbursement of any meals, lodging, or related travel expenses. D. An employee who is subpoenaed as a witness and/or appears in cc>un as a result of County business shall be granted time off' with pay, and any witness fees awarded, except for meals, travel, and lodging, shall be returned to the County. E. Employees required to attend Court on their day off as a result of County business shall be paid for their time, and any witness fees awarded, except for meals, travel, and lodging, shall be returned to the County. F. Employees who attend Court for only a portion of a regularly scheduled work day arc required to report to their supervisor and return to work after being excused or released by thc Court in order to be eligible for jury duty pay. G. In the event a County holiday occurs during the period of the jury duty, the employee shall receive pay for thc holiday and not jury duty pay. [I. Jury duty shall not be counted as time worked in calculating overtime pay. 38 ARTICLE 22 MILITARY LEAVE $¢gtion 22, I A. Reserve and National Guard Training A regular full-time employee who is a member of the United States Armed Forces, ReserYes or the National Guard, and who is ordered to engage in annual field training shall, upon presentation of a copy of official orders, be granted leave with pay to the extent required by state statute. An employee may not use any accrued vacation or personal leave while receiving paid military leave. Exceptions to the above may be approved by the Division Administrator. B. Recall to Active Military Duty Any regular full-time employee who is a member of an Armed Forces Reserve Unit or the National Guard, who is ordered to active duty will be granted a military leave of absence wilh pay for the first thirty (30) working days. Beyond this thirty (30) day period, the Count)' will supplement the military pay in an amount necessary to bring the total salary, inclusive of the base military pay, to the level earned at the time the employee was called to active duty, for a period of ninety (90) days. The County will continue to maintain the employee in full benefits status for the time frame specified above. C. Induction or Enlistment into Military Service Any regular full-time employee who enlists or is inducted into the armed services for active duty, shall be granted a military leave of absence without pay for the initial period of enlistment. All pay due the employee shall be paid at the time of the employee's separation from the County in accordance with applicable County policies. D. Reinstatement Upon discharge from active military service, an employee who wishes to return to County employment shall be reinstated in accordance with federal regulations applicable at the time of discharge. 39 ARTICLE 23 PART-TIME EMPLOYEES · 5~;¢ti_on 23, 1 The County reserves the right to hire and/or utilize pan-time and/or temporary employees, or volunteers to peri'orm bargaining unit work. These individuals will be used primarily to cover overtime requirements, cover for vacation and sick leave, or to otherwise supplement the regular employee compliment. The County reserves the right to assign employees within the Emergency Ser~4ces Depactment to perform bargaining unit work for the reasons stated above. Section 23.2 Temporary and pan-time employees shall serve at the will of' the County. Temporary and pan-time employees shall not be covered by any Article of the contract unless the Article or Section specifically includes temporary or pan-time employees. 40 ARTICLE 2_4 IIEALTil nENEFIT$ ,Section 24. [ Employees shall be eligible to participate in the Collier County Group Benefit Plan subject to the terms and conditions of the Plan as adopted by the Board of Commissioners effective January I, 1997 and as may be amended by the Board of Commissioners from time to time. Employees shall also be subject to the same prentium levels and payroll contribution requirements as may be adopted by the Board of Commissioners for non-union employees. The County agrees that, if there is any change in any benefits, premium levels, or payroll contribution requirements, those changes will be applicable to bargaining unit employees to the extent they are applicable to other non-exempt employees of the County. 41 .ARTICLE 25 LIFE INSURANCE Secti_Q~n 25. I The Employer shall provide group term life insurance protection for each Union member in an amount equal to the annual salary of the Union member. The Employer shall pay 100% of the premium for this coverage. Terms and conditions of such coverage shall be governed by the insurance company issuing underwriting and coverage. There will be compliance with Florida Statute relative to death benefits. 42 ARTICLE 26 PENSION PLAN Section 26, 1 During the term of this Agreement, eligible employees shall continue to pa~licipate in the Florida Retirement System, S__e_,ct i o n '~6 The County will contribute as required by the provisions ofthe plan. Se_c. ti__on__26.3 The County agrees to continue to provide employees an option to participate in the National Association of Counties (NACO) or the International City and County Management Association (ICMA) Deferred Compensation plans as currently offered, lfeither of both are stopped or modified for all other County employees, the same change will affect the bargaining unit. If an additional plan is offered to all other County employees, it will also be offered to the bargaining unit. 43 ARTICLE 27 iIEALTll AND SAFETY Section 27.1 The Employer agrees to provide reasonable standards of safety and health in the Fire Department in order to eliminate as much as possible: accidents, deaths, injuries, and illnesses in the fire service. Health and safety is a joint responsibility, therefore, employees must follow all safety standards. Section 27.2 There shall be a joint safety and health committee composed of an equal number of Employer and Union representatives. The Union representatives shall be selected by the Union. The roles and responsibilities o{' this committee shall be reviewed and approved by the County's Risk Management Director. 'Fhe Committee shall not have authority to engage in collective bargaining. Section 27.3 The Employer shall furnish and thereafter maintain at no cost to the employee all respiratory apparatus, gloves, helmets, protective clothing and other protective equipment, such as personal alarm devices, and personal flotation devices, necessary to preserve and protect the safety and health of fire lighters. Section 27.4 All protective clothing and equipment shall meet the standard, whether existing or promulgated during the term of this agreement, that provides minimum standards, if standards exist, (otherwise the County can provide the equipment of its choice) of worker protection from among federal, state, provincial or voluntary consensus standards. The Employer shall provide all employees with training in the safety and health problems of the work environment and the use and proper maintenance of protective equipment, protective clothing, respiratory apparatus and all other protective devices. The Employer agrees to provide a continuing program of safety and health for all employees to develop an ongoing safety awareness aptitude. In the event of the introduction of new technology or other changes in work processes, the employees affected shall be fully trained in all the health and safety aspects of the new procedure, work process or equipment. 44 Section 27,5 Only personnel who have been trained and certified by the manufacturer or applicable Federal Agency shall be permitted to perform maintenance and/or repairs on self-contained breathing apparatus. Section 2~7.6 The Employer will pro,,4de an Employee Assistance Program consistent with the program provided for all other County Emergency Services Personncl. 45 ARTICLE 28 SALARIES Section 28,1 The Salary schedule set out below shall for a part of, and be subject to all the provisions oF this Agreement. Classification Firefighter Fire Lieutenant Minimum Hourly Rate $8.935 $9.85 Section 28.2 Performance based merit pay may be offered to qualifying members of' the bargaining unit consistent with the annual pay for performance program established by the County Administrator for all County employees. Section 28.3 Qualifying members of thc bargaining unit will be entitled to receive pay plan market adjustments based upon the annual wage and salary market survey conducted by the tluman Resources Director and approved for implementation by the County Administrator. ~;~c:ti0n 28.4 In the event that a notice of reopening is filed under Article 40 (Duration) of the contract for the contract years 1999-2000, 2000-2001, or a new contract upon expiration of' this Agreement on September 30, 2001; there will be no changes in wages nor will wages be paid during any such negotiations before either party makes a proposal on wages. 46 ADDENDUM TO ARTICLE 28- SALARIES Firefighter: 8.935/hr. X 106 hrs. biweekly X 26 pays 13.4025 X 6 hrs. biweekly X 26 pays Annual Salary $24,624.86 $ 2.090.79 $26,715.65 Contract Schedule: 112 hrs. biweekly = 106 ~ straight time, 6(~ OT 8.935/hr. X I06 hrs. biweekly = $947.1 i 947.11 X 26 pays = 8.935/hr. X 6 hrs. (~ overtime rate = $80A15 80.415 X 26 pays: Total Annual Salary $24,624.86 $ 2.090,79 $26,715.65 Current Advantages: 8.935/hr. X 106 X 26 pays = 88 liD @ OT rate = Total Annual Salary = increase minimum manning to 3/days 56 more days per year Avg. increase for current firefighters = $3,300/yr. $24,624.86 $ 1,179,42. $25,804.28 47 ARTICLE 29 BASIC RATE OF PAY Section 29.1 Basic rate of pay equals annual salary divided by 2912 hours. 48 ARTICLE 30 SIIIFT EXCliANGE Section 30.1 The trading oftin.te between employees will be permitted in accordance with the following provisions: a) b) c) d) e) g) h) i) Employee's can exchange with each other within their rank and classification and are limited to two shift exchanges within a thirty day period, Shift exchanges for education/training may exceed this limitation if approved in advance by the Fire Chief or designee. All exchanges must be requested in writing on the Department shift exchange request form and approved or denied at the sole discretion of the-Fire Chief or designee. Employees are prohibited from paying another employee to work any portion of their shift. Only exchanges of time will be permitted. Shill exchange pay' backs must be scheduled at the same time as an initial shift exchange or otherwise follow the procedures of this Article. No employee may be scheduled to be on duty as a result of a shift exchange for more than forty-eight (48) consecutive hours when assigned to the 24/48 schedule. Employees will be responsible for all record keeping of proper exchanges as permitted by thc Fair Labor Standards Act. Shill exchanges for employees reporting late for work will not be permitted. An employee that enters into a shift exchange that causes the employee to leave work earl>' in order to meet the trade or duty obligation at another station shall ensure that the units are staffed without any overtime pay obligation to the County. Exchange request shall be submitted to the Department five calendar days in advance of the requested initial exchange. 49 1(01)5 Except for the residual exchange provided in Section 30.1 (h), a shift exchange must be Fully approved and signed by all the following in order, and placed on the roster prior to the substitution taking place. Exchange requests shall be submitted on the Department form 5 calendar days in advance of the requested exchange, STEPS FOR SIGNATURES AND APPRQVAL; 1. The employee wishing the shift exchange. 2. The employee agreeing to the exchange, 3. The shift supervisor (currently the Lieutenant) for employee initiating shift exchange. 4. ]'he shift supervisor (currently the Lieutenant) for employee agreeing to pay back shift exchange. 5. Last supervisor places shift exchange on roster. Section 30,2 An employee scheduled to work a shift exchange is not eligible for any type ot'paid leave. Section 30.3 In the event an employee scheduled to work for another does not report, the employee normally scheduled to work will be charged vacation leave or, if vacation leave is exhausted, will have his/her sick leave charged. Section 304 The Employer will not be responsible for any monetary loss incurred by any employee due to the failure of an employee to pay back shift exchange time for any reason. Employees owed shift exchanges must get exchanges paid back prior to the promotion of either employee involved in the shift exchange or forfeit the return exchange. 50 8RTI(~LE 31 POSTING OF SCIIEDULES Section 3 I.I Employees will be scheduled by management on an as-needed basis and will be advised of their schedule via a posted annual schedule and may be subject to change. 51 mm .................. IIIII ~ ARTICLE 32 WORKING OUT OF CLASSIFICATION Section 3 2. I An employee who is requested to perform work in a higher classification within the bargaining unit on a temporary basis of less than thirty consecutive calendar days shall do so with no increase in pay. Should the temporary assignment be expected to exceed thirty consecutive calendar days, the employee shall immediately receive up to 10% above his/her regular rate of pay or the base salary ofthe acting position for all hours worked in the higher classification. Upon completion of the temporary assignment, the employee's pay will return to the former rate. 52 ARTI~I,E 33 UNIFORMS AND EQUIPMENT Section 33.1 The County will furnish all new full-time and part-time employees in job classifications Firefighter and Lieutenants as set forth below: Three (3) Uniform pants Three (3) Uniform Shirts One (1) Badge One (1) Name Tag One (1) Bunker Gear Section 33.2 The employees in the above classifications will be provided replacement of uniforms as deemed necessary by the Fire Chief: To receive the uniforn~ replacements, the old uniforms and jump suit must be turned in. Section 33.3 Other equipment listed in Section 33.1 shall be replaced on an as-needed basis. Employees requesting equipment replacement may be required to exchange their old equipment in order to get it replaced. Equipment damaged due to negligence or loss shall be replaced at the employee's expense. Section 33~4 Employees shall be permitted to purchase, at employee cost, additional uniforms as outlined in this Article of the type and style and from a supplier selected by the County, if the employee requires or desires uniforms in excess of those provided in this Article. 53 Section 33.5 Employees are required to wear these uniforms and report to work in a clean and neat appearance. The employee will be required to wear a white crew neck t-shirt, black shoes or boots, and a black belt as a part of the issued uniform outlined in this Article. In addition, employees wearing low cut shoes will be required to wear solid dark blue or black socks. Employees must also report to work with a watch that contains a second counter and pens as required for paperwork. In extremely cold weather employees will be permitted to supplement their uniforms with long underwear (white or dark blue) and sweat shirt tops (dark blue) worn either under their uniform shirt as needed. Employees agree to supply the equipment listed in this Section at their own expense. .Section 33.6 No jewelry of any type may be worn while on duty except for a wedding ring, wrist watch and/or medic alert bracelet. No other jewelry will be permitted Permitted jewelry shall be appropriate to the tasks which are normal and customary for the employee's duties. The employer shall reimburse the employee for the loss of or damage to such permitted jewelry which occurs during the course and scope of employment subject to the reasonable and customary cost of its replacement or repair. In no case, however, shall the cost to repair or replace such permitted jewelry exceed $150 for a watch. Section 33.7 Employees will maintain their hair in a clean and groomed condition. Female employees who choose to have long hair shall keep it pulled back so as to prevent it from falling into an employee's face/eyes or touching their collar. Male hair must be cut above shirt collar; sideburns are permitted not to exceed middle of ear length. Employees will be clean shaven on duty, A mustache that does not come between the sealing surface of the face piece and the face is permissible. ~Section 33.8 When the employment relationship is terminated for whatever reason, the employee will be responsible for the return of all equipment furnished under this Article to the County. All equipment must be returned in good condition and all uniforms ,.viii be cleaned and pressed prior to receipt of the final County pay check. 54 ARTICLE 34 EDUCATIONAL DIFFERENTIAL Section 34,~ I The Employer will satisfy the current respective Florida Statute requirements and will remain consistent with future changes in the Florida Statutes. 55 ARTI(~LE 35 PARKING Section 35.1 The Employer will continue tile current practice of providing parking within defined parking spaces. No maintenance, washing, or waxing of vehicles shall occur on District property regardless of whether or not an employee is on or offduty. 56 ARTICLE 36 VACATION LEAVE Section 36.1 Eligibility All regular full-time and regular part-time employees shall be entitled to earn vacation leave, provided the time has been accrued at the beginning of the pay period for the time taken. Vacation is accrued from the date ofhire and is retroactive to the hire date upon successful completion of the probationary period. Under no circumstances shall temporary, contractual, emergency, or similar employees be entitled to vacation benefits. Section 36.2 Accn,~al Vacation leave lbr ARTICLE 35 PARKING Section 35. I The Employer will continue the current practice of providing parking within defined parking spaces. No maintenance, washing, or waxing of vehicles shall occur on District properly regardless of whether or not ~.n employee is on or offduty. ARTICLE 36 VACATION LEAVE Section 36.1 t.:ligJbility All regular full-time and regular part-time employees shall be entitled to earn vacation leave, provided the time has been accrued at the begirming of the pay period for the time taken. Vacation is accrued from the date of hire and is retroactive to the hire date upon successful completion of the probationary period, Under no circumstances shall temporary, contractual. emergency, or similar employees be entitled to vacation benefits. Section 36.2 Accrual of Vacatign Leave Vacation leave for regular full-time and regular part-time employees hired after September 30, 1993 shall be accrued from the date ofhire for each normally scheduled hour ofwork, based upon the following hourly rates: YEARS OF ttOURLY BIWEEKLY ANNUAL NUMBER OF EMPLOYMENT ACCRUAL ACCRUAL AMOUNT DAYS s'r - 4TM year .0385 3.08 hours 80 hours 10 year .0577 4.62 hours 120 hours 15 Vacation leave for regular full-time and regular part-time employees hired on or prior to September 30, 1993 shall be based upon the following hourly rates: YEARS OF HOURLY EMPLOYMENT ACCRUAL BIWEEKLY ANNUAL NUMBER OF ACCRUAL AMOUNT DAYS Isa. year .0385 3.08 hours 80 hours 10 2'~ year .0577 4.62 hours 120 hours 15 57 For regular part-time employees whose normal work week is twenty (20) hours or more, the hourly accrual rate is the same as for 40 hours per week employees. For example, a regular, part-time employee who is regularly scheduled to work twenty or more hours per week would earn five (5) days vacation per year the first year ofemployment. For employees whose normal work week is over forty (40) hours, the hourly accrual rate is the same as a forty (40) hour employee. Vacation leave shall accrue.- while an employee is on vacation leave, paid sick leave (i.e. the employee is using accrued sick leave), jury duty, and paid military leave. All other leave, whether with or without pay, is excluded when determining vacation accrual. Section 36.3 b,'~axin~un~ VacationA_gcrua_l_!{ou_r.s Vacation may be accrued to a maximum o£six weeks (240 hours). Leave in excess of 240 hours will be automatically converted to sick leave. Vacation may be extended beyond 240 hours to 360 hours when determined to be in the best interest of the County and with the prior written approval oft}lc County Administrator. Approval to extend beyond the 240 hour cap will be granted when: a) The: County must have the sewice of that employee for a period of time that would preclude the use of vacation and cause the employee's accrued leave to exceed 240 hours. b) The employee is in "good standing" arid was rated "meets standards" or better on their mo.,;t recent performance appraisal. c) The employee agrees in writing to take annually at least 80 hours of vacation during any year in which the employee's vacation exceeds 240 hours. Failure to do so will cause automatic conversion to sick leave. Section 36.4 Use of Vacation Vacation may be used for personal reasons not otherwise prohibited by the County. With th(: supervisor's approval, accrued vacation leave, will, i£available, be used for uncovered portions of sick leave if'all sick leave has been exhausted Section 36.5 Illness During Vaca!ion An employee who becomes sick while on an approved vacation may be allowed to use accrued sick leave credits to cover the period of illness. Upon the employee's return to work, the super'visor may require a medical certificate documenting the illness. 58 $~ctign 36,6 Sehedulin~ Use of' V~c~lign Employees shall select vacation dates £or annual leave before December 15 For thc Following calendar year. Vacation leave shall be awarded on a seniority basis. The County reserves the fight to refuse the requested dates and to assign vacations based on staffing requirements, anticipated workload, and current status of'operations and vacation opportunities £or all bargaining unit employees. Any requests after December 15 will be granted on a first requesdfirst granted basis. A more senior employee requesting vacation after December 15, may not bump a less senior employee who has been selected For vacation, .S¢ctio_n. 36,7. V_acatioq_Pa_.y_~. Advance Vacation leave must be taken in minimums oFtwelve hour increments For twenty-Four hour shill employees and twelve hour increments for twelve hour shill employees. Secfi._on 36.8 _V~a.ca.!iq_n_~.a_p_ Employees may accumulate vacation leave up to 240 hours. Each employee should carefully monitor his/her accrued hours and promptly notify the Fire Chief if they begin to approach this limit. Section 36.9 V~.c~ation pay Upon Terminatio_n Employees who resign, are laid off, or are otherwise separated or discharged from the County Service shall be entitled to be paid for any unused vacation balance earned. 59 ARTICLE 37 SAVINGS CLAUSE Section 37,1 If any provision of this Agreement, or the application of such provision, should be rendered or declared invalid by any court action or by reason of' any existing or subsequently enacted legislation, the remaining parts or portions or'this Agreement shall remain in full force and effect. The parties will meet as soon as possible to negotiate a mutually agreeable replacement provision. Section 37.2 Unless directly in conflict with a Section of this Agreement, the County's l luman Resources Policies and Procedures, as amended from time to time, shall apply to employees covered by this Agreement. In the event ora direct conflict, this Agreement shall govern. 60 ALCOIlOL AND DRUG TESTING Section 38.1_ Both the County and the Union recognize that drug and alcohol abuse is a growing problem among our nation's work force. The County and the Union also recognize the tremendous cost, both in terms of efficiency and in human suffering caused by needless work place accidents. Acknowledging the necessity for action, the following Alcohol and Drug Testing program is hereby initiated. S.e. ctio.n 38.2 In the event a member of management has a reasonable suspicion to believe that an employee is under the influence ofdrugs or alcohol on duty, he/she may require that the employee submit to an industry accepted breathalyzer test, blood test, urinalysis and/or other appropriate testing Reasonable suspicion may be based upon a variety of factors, including but not limited to acc dent, absenteeism, injury, conduct, performance, physical signs such as impaired reactions or judgment, slurred or exaggerated speech or lack of balance, as well as the smell or presence of alcohol or a controlled substance, or reports by other employees. Should the employee test positive to alcohol or drugs, the County will utilize a confirmatory process before taking further action. Such confirmatory process will utilize industry accepted testing procedures. Section 38..3 In the event an appr?riate management official as defined in Section 38.2 above requests that an employee submit to ~, breath, blood, urine and/or other tests, and tile employee refuses to submit to such test or tests, such refusal may result in disciplinary action, up to and including discharge. Section 38.4 In order to promote safety, health and security concerns, the Fire Chief and/or designee may search lockers, vehicles and other County-owned or supplied area. The Fire Chief and/or his designee reserves the right, based on reasonable suspicion, to search employee owned vehicles, hand bags, lunch boxes, and other containers or personal effects including outer clothing. At no time will any employee's clothing be searched by or in tile presence of a member of the opposite sex. An employee's refusal to cooperate with or submit to a search may result in disciplinary action up to and including discharge. 61 Seq:ti0. n 38.5 All employees who must use a prescription dnzg that causes adverse side effects (drowsiness or impair~ reflexes or reaction time) shall inforrn their supervisor in writing that they are taking such medication on the advice of a physician. It is the employee's responsibility to also inform their supervisor of the possible side effects of the drug on performance ~md expected duration of use., The prescribing physician must provide a statement that the employee can perform all of the employee's normal job functions, which will be provided to the employee's supervisor prior to starting work. ~qection 38.6 The cost of drug and alcohol screening tests required by the County will be paid by the County. Section 38.7 Thc County retains the right to discipline up to and including discharge any employee who uses, possesses, dispenses, sells or buys illegal drugs or narcotics, whether on or off duty, or who uses or possesses alcohol while on duty, or who reports to work under the influence of illegal drugs or alcohol. The existence of an Employee Assistance Program does not affect the right of the County to impose discipline, up to and including termination, for violating this Article. Section 38.8 Any employee who is convicted, pleads guilty or t~o lo cot~tettdre (no contest) to any criminal drug statute violation, whether on or off duty, must notify the Director of }tuman Resources no later than five (5) days after such conviction. Failure to do so will be cause for appropriate disciplinary action, up to and including termination. Once the County receives such information, thc County will make the appropriate determination as to what disciplinary action, if any, is to be taken. Section 38.9 If the County decides to institute random drug testing in the District after the execution of this contract, it will negotiate the impact of'this decision with the Union prior to implementation. 62 ARTICLE 39['LAST ART[CLEI DURATION ,S¢CtiQn 39.1 This Agreement will be in full force and effect as ofthe effective date of ratification of this Agreement by the parties and shall remain in full force and effect until midnight the 30'~ day of September, 2001. $¢cti0n 39.2 The parties will reopen the Agreement beginning in July, 1999 and again in July, 2000 for the express purpose of jointly renegotiating wages. Further, each party may also reopen two (2) additional Articles during each of the reopening periods. 63 FOR COLLIER COUNTY: ROBERT F. FERNANDEZ COLLIER COUNTY ADMINISTRATOR FOR TIlE UNION: ) 'ILAY LEi~IACKS, PRESIDENT PROFESSIONAL FIREFIGHTERS OF THE EVERGLADES IN':ERNATIONAL ASSOCIATION OF FIREFIGttTERS, LOCAL 3670 DATE: ','a_. ~o-'h~ WITNESS: Type o}' Print Name: WITNESS: Type or Print Name: THIS AGREEMENT IS SUBJECT TO RATIFICATION BY TIlE BARGAINING UNIT AND TIlE COLLIER COUNTY BOARD OF COMMISSIONERS. 64 ATTEST: i..OWlOt~? E. B~.OCK ~ :' .. Deputy Clerk Approved as to legal and sufficiency: COIoLIER COUNTY ATTOR~iy BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA 65 COLLIER COUNTY, FLORIDA Emergency Medical Services Permit// 1 Name of Service This Permit Expires December 31, Collier County Emerqency Medical Services 1999 Name of Owner or Manager Principal Address of Service CoIlier County Board of County Commissioners 3301 East Tamiami Trail Business Telephone Naples, Florida _(941 ) 774-8459 ,33962 Emergency Telephone 9-1 -1 Description of Services Area .The2,032 square mileencompassin.q Collier County Number of Ambulances on 24 hour duly: .Ei.qhleen (18),qround units, One (1) AL,<::; Enqine & One (1) Helicopter Number of Ambulances on standby duly: Five (5) (Allached description of each ar'nbulance lo be used in above service, including make, mode, year of manufaclure, molor and chassis number, and any color scheme, insignia, name, monogram, or other distinguishing characteristics used to designate ambulances in this service. A color photograph may subslilule for the descriplion of distinguishing characteristics. ) This permit, as provided in Ordinance 81-75 shall allow the above named Ambulance Service to operate Emergency Medical Services for a fee or charge for the following area(s): CollierCounly until the expiration date hereon, except that this permit may be revoked by the Board of County Commissioners of Collier County at any time the service named herein shall fail to comply with any local, state or federal laws or regulation applicable to the provision of Emergency Medical Services, Issued and approved this ATTEST: ~ ,DWIGHT E. BI~OCK, CLERK \! t , :..' 'i/,:'....~ day of- ~ .~6,:,~[z,L~.' 19 (it,,: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA · ....:~ h a irr~ah'":5~'~ - A~orm & legal sufficiency: 16D6 . , © SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER *** 2408916 OR: 249 PG: 0813 P.~CORD~D In O?FICIAL ~CO~DS of C2LLIB?. CC'iNN, fL 12/16/9B at 01:01FK DWIGHT ~. B~.OCK. Re~n: FOR CLERK'S USE ONI,'z' KNOW At,I, MEN BY TIIESE PI{ESENTS that COLLIER COUNTY, FLORIDA, ti}trough i~s BOARD OF COMbIISSIONERS, is the owner and ttolder of a certai~ lien against: ALONZO, t, bhRIA DELOSANGELES CASE .,U~dL:b,R: 9807262MMA DOB: 01/11/60 .... [,ices of the Public Defender, beaui:tg t}~e date of the 20'1'}{ {fa}' of OCTOBHR , 1998, :'ocord,Jd i:l office o~f t:~:o Cle:-k of the Circuit Court of Collier Count}' Wiorida securing the pui:ic~pa[ SU~ Of ' ' ' * u~:der ~.'i~lal dudgemet:u and Order recorded in Official Record book 2.175 page 0501 . The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lie:l, hereby st~rrendeus the same as canceled, and hereby directs tihat the Clerk of said Circuit Cour[ cancel chis lien of record. IN ;',~iTNiL'SS Wi{EREOF, '['he Boarci of County Commissto:iors of Coil Cot::tr.y, Flouid,~, hereby direcus that this Satisfaction of Lien be e:.:ecu[ed in its name by its Clan. 1 or Execti[ ed 2~iis - day .... 1998 . ATT E S -r,. ' f~OARD OF COUNTY COMMISSIONERS COL[,IER COUNTY, FLORIDA Clerk of Circuit Cot:u[ ~p~r~ved"a'~'t:o form legal sufficiency Assistant Celerity Attorney PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 4130,t4 NAPLES, FLORIDA 34101-3044 2408917 OR: 2492 PG: 0814 *** 12/i6/9~ a[ OI:OI?E ~IGflT [. BROC[, eLsE[ SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFEbrDER FOR CLERK'S US[.'] ONI,Y KNOW ALL MEN BY T}IESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against: BAEZ, GUILLER>IO [?OB: 07/15/76 CASE NIiMBER: 9704990MlVLA for serv[=es of the Public Defender, bearing the date of the 20TI{ day' of OCTOBER, 1998, recorded in office of the Clerk of the Circuit Couru of Collier County, Florida, securing the principal sum of ****TWENTY- FIVE***********DOLLARS, ~'"0 .... ,'," nd Order recordect ~n Official Record book 2,t75 u:~.der Fi~:a! ..... t.~._n,~,~ a ~ , page 0534 . The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lie:l, hereb,/ surrenders the"oJ~ame as canceled, and hereby directs that the Clerk of said Circuit Cour~ cancel this lien of record. !N WITNESS WiIEREOF, The Board of Count'/ Commissioners o[ Collie:' Cc,;nty, Florida, hereby directs that this Satisfaction of Lien be executed in its name by its Chairman. ATTEST: Clerk ~f C~rcu~t Cour~ · , ~. :.,-. /'R,, 1,,~..,.,. ' b.k[.:',~' ,..: .... ..;,,,,...~ "Approved'a~ to form legal su[ ficfency Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLI~IER COUNTY, FLORIDA [3Y: Barbara B. Berry Cha i rman PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER *** 2408918 OR: 2492 PG: 0815 FOR CLERK'S USE ONLY KNOW ALL MEN BY THESE PRESENTS that CO[,I,IER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owner arid holder of a certain lien against: BECHAND, CAROL LEON DOB: 12/24/43 CAS.:': :FJRBKP.: 980611.'tH!'iA for services of the Public Defender, bearing the clare off the 20T!{ :ia',.- cf ,~]O3.~:<, 1998 recorded in office of the Clerk of the Circuit Court Of Coi'.ler COtl~]hy, [.'lcrida, securing the principal sum of ****TWENTY- FIVE***********DOLLARS, under Final Judgement and Order recorded in Official Record book 2,t75, page 0500. lh~ Board o~ County Commiss' '~",~ of " , , ~ol ...... Collier County hereby ackr~owledaes full paymeP, u and satisfaction of said lie~, hereby surrenders the"~f~me as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Fio?-ida, hereby ct].~"'~"'-~..~s that this Satisfaction of Lien be executed in its name by its Chairman. ATTEST: ClePK of Circuit Court A~t"'+ . .,...:,.. :-:' ~ Approved'as'to lb'tm 1 ~..ga 1 suf ficienc.~ BOARD OF COUNTY COMMISSIONERS BY: Barbara B. Berry Cha i rman PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 *** 2408919 OR: 2492 PG: 0816 *** RBCORDBD in O~ICiA5 R~CORD~ o! COLLiBR COUNT'i, ~ ~C ~ ~.00 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER FOR CLERK'S USE ONLY LNOW ALL HEN BY Ti{ESE PRESENTS that COLLIER COUNTY, FhORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against: FeN, ALFREDO W!LLIA~ CASE }~UN!3ER: 9806787MMA DOS: 09/20/78 for sevvices of the Public Defender, bearing the date of tile 17T}{ day of SEPTEMBER, 1998, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****TWENTY-FIVE***********DOLLARS, under Final Judgement and Order recorded in Official Record book 2.t70, page 2297. Ti~e i~oa:'d off Cou:~!.v c.'ommissLco:~e:'s of Coil icr Cou~lt.y )~,?:'cby ack:;owl'c~igcs ~ kll L.11'3'"i~O!IE. a:l{! sakl~.a~kioz~ o~ sa~.,'A i' .4 ~.,~ ri , ~ercby suurendcrs Che same asca'~led, and hereby directs ~ha~ the Clerk of said Circui~ Cour~ cancel this lien of record. IN NITNESS WHEREOF, The Board of County Commissioners of Collier Count,/, Florida, hereby directs that this Satisfaction of Lien be executed in its name by its Chairman. ..... _, 1998 . Cle~. of Circui~ Cour~ : o;. Approved as' to form l~al sufficiency Assis[ant County Attorney BOARD OF COUNTY COI.lr. IISSIONEES BY: Barbara B. Berry Cha i rman PREPARED BY: CLI:.'RK OF T}iE CIRCUIT COURT P.O. BOX ,t].3044 NAPIA~S, Ft,ORIDA 3,t101-30,t4 *** 2408920 OR: 2492 PG: 0817 *** I~/1~/9~ ~L Ol:O[?~ D~IG~T B. BROCk, CL~RK ~etn: SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER P~O}{ CI,ERK'S USE ONI,Y KNOW AI.,L blEN BY TI{ESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COI.I[,IlSSIONERS, is tile owner and holder of a certain lien against: LOVITO, GENNARO WILLIAM - AKA LOVITO, GENERO W ILL! 9 6 0,i 5,t 5Mb!A DOB: 05/28/68 for services of the Public Defender, bearing the date of the 267't{ clay of SEPTEMBER, 1998, recorded i~ office of the Clerk of tt~e Circui5 Court cf Collier County, Florida, securing the principal sum of ****TWENTY- FIVE***********DOLLARS, .... ~-' F'inai Judgement and Ore:er reco~.d_¢, in Official Recor-ct ~w,o~' 2,~0i, page 0 i 6,t . The ~oard of County Ccu~missio:lers of Collier County hereby ack:~owledges ~' ~ a?uue:~t and satisfac~tio~ of said lien ~tereby surrc~ders t)~,2 same as car~celed, and hereby directs that [he Clerk o~ said Circuit Cour~ cancel Lhis lien of record. IN WITNESS WHEREOF, The Board of County Con]missior]ers of Collier Cou;:ty, Florida, hereby directs that this Satisfaction of Lien be Clerk of Circuit Court A~p;:c:,ved ' ' ' as CO [oi'n~ legal sufficiency. Assistant County A[tor~]ey [}OARD OF COijNTY coHr. Ii ss COI.,LI El{ COUlxt~v, ' ' BY: Barbara B. Berry Cha i rman PR[EPA[{ED CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER *** 2408921 OR: 2492 PG: 0818 *** 12/J6/98 al 0I:0[P~ DiIG~T E, BROCK, CLiRK RiC F!~ FOR CI,ERK'S USE ONI,Y F~OW A',[, HEN BY THESE PRESENTS that CO[,hIER COUNTY, FLORIDA, through its BCARD OF COMMISSIONERS, is the owner and holder of a certain lien against: MARTINEZ, EUGNIO DOB: 01/18/72 CASE NUMBER: 58 0 3 2,t ONMA for services of the Public Defender, bearing the date of the 5'i'}l day of J'...:.~..., lC~98, recorded in office of the Clerk of the Circuit Court; of Col!leu Cou:~ty, Florida, securing :he principal sum of ****TNENTY- FI VE***********DOLLARS, under Final J..idgement a!,.ct Ordc,:' recorded ira Official Record book 2431, oaao The B~ard of County C©mmissicners of Co! !ier County hereby acknowledaes full :.a'.,'meP, h and sah~sfaczion of sa:d llen, ltereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of recoud. !N ;';iTiiESS ;';tIEREOF, Thc Board 0£ Counzv Commissiorters of Coil:er Countv Vlor~da, hereby d',' ~ , · . . 1.ec~s that this Satisfaction of Lien be e:<ecut:ed in izs name b7 its Chairman. ATTEST: 'lC'le4:k of Circuit Court '~I.' ~" , ' '. , : ,r... ' P(pproved as td'fd'rm legal .sufficiency BY: Barbara B. Berry Ct~a i rman PREPARED BY: CLERK OF TIlE CIRCUIT COURT P.O. BOX 41304't NAPi,ES, FLORIDA 3't101-30.t.I *** 2408922 OR: 2492 PG: 0819 *** !2/16/98 at OI:0IFN D~I6~T ~. [L~CI, CL~ ~ H~ ~,00 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER FOR CLERK'S USE ONI,Y "'~ .... :[, M;:',~ 'F!IE~ t'RRS"'""c " C©' ).:!?, COLIN'['Y FI,ORIDA I:)~rotlcji~ r,N ~,'~ i~; ..... !3':' !:l F.~, t. ~:a ~_ .,),1 , , i"'3 ~?:AR[) OF' COHHiSSIONt' '" ' ~ .,k.,, ~s t)~e owner and )~older o[ a certain lien awainst: MESSINA, GEOFFREY PAUL AKA MESSINA, GEOFFREY P CASE NUHBER: 9805512MF~% DOB: 05/09/79 ~cr ~:,.:",'i.::~.- of the Pt:):Ii,: '-,,' .... ;-, , k,,a,'i,u~ tile date of ~he 7Tli d~ty ....... [ ..... ( ...F . ~:~. j,;,v.~..., -~"-'q~-., 2'eco:-d(,(i i:l of Eic,., of tile Clerk_ of tile Circuit Court o[ Co2~:er County, FZorzda, securzn9 :he pr:nc~pa~ sum o[ ****TWENT'f-FIVE***********DOLLARS, under Final Judgeme::t and Order recorcied in Official Record book 2455, page 0698. The Board of County Commissioners of Collier Cot~nty hereby acknow!'e~fl~es full ?a,:,me~]t and satis£action of said .lien, hereby surrenders thc s~ e as ca~'.celed, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. iN W!T::ESS ;'iI(EREO[:, l')t,.2 []oa:'d o[: County, Florida, hereby directs executed ir% its name by its ATTEST: .C[e:'k c: C~rcuit Court APproved as to form legal sufficiency Assistant County Attorney BOA[?[) OF COUNTY COMMISSIONERS BY: Barbara B. Berry Cha i rman PREPARED BY: CLERK OF TIlE CIRCUIT COURT P.O. BOX 't1304,t NAPLES, FLORIDA 34101-30,t,t SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER *** 2408923 OR: 2492 PG: 0820 *** Re~n CASHIBR FOR CLERK'S USE ONLY KNOW ALL HEN BY T[iESE PRESENTS t[lat COI,LtER COUNTY, FLORIDA, titrough its BCARD OF COMMISSIONERS, is tile owner and holder of a certain lien against: HENSfiA;';, ELLEN LOUISE AKA HANSHAW, ELLEN LOUISE CASE :;Lq'iNER: 9'?0871,1HHA [}OB: 09/26/55 for services of the Public De£ender, bearing tile date of the 9T}i da':' cf FEaRUERY, 1998, reccrcied ii1 office of the Clerk of the Circuit Courc of Ccl!ier County, Florida, securing the principal sum of ****TWEN'?Y- FIVE*** ********DOLl,ARS, .... .::al Jt:ciuenw~:',t aitci O:*der recorded ±~t Official[ Record [:ook 2391 page 18'~7. The Board of County Commissioners of Collier County hereby acknowl'Jdges full Fayluenz and satisfaction cf said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Courz cancel this li~l of record, IN '~ ..... ~FqS ~,l:~,':~.. WHEREOF, Tile Board of County Commissioners of Collier Count',,', Florida, hereby directs t}tat this Satisfaction of Lien be executed in its name by its Chairman. ATTEST: C!e~k cf Circuit: Court 'Approved as to form 1-ega 1 suffficiency Ass nt Counzy Attorney ~OARD OF COLJNTY COMMISSIONERS COI,LIER COUNTY~ FLG~RIDA BY: Barbara B. Berry Cha i rman PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 2408924 OR: 2492 PG: 0821 *** 1Z/16/98 at 01:0IP~ DV[GHT 2, ~?0C~, CL~K Retn: SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER FOP, C[,ERK'S USE ONLY ~qOW ALL MEN BY THESE PRESENTS that CO[,hIER COUNTY, FI,ORIDA, throu~i] its BOARD OF COMMISSIONERS, is the owner and holder of a certain l:en against: MORGAN, NICOLE DAN IELLE DOB: 05/29/75 CASE :,]U!,1~.!}iP.: 980-? 0,; 9HRA for services of tine Pub!it b_.ender, bearing the date of the 21ST da'..' of OCTOBER, !998, recorded in cffice of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****TWENTY- FIVE********* **DOLLARS, uP. der Final ,]udgement and Orde:' recorded in Official Record book 2,175, page 054.1. The Board o[ County Commission<,vs of Collier County hereby acknowledges fu!~ payment arid satisfaction of said lien, i:ereby surrenders t~le salne as canceled, and hereby directs that the Clei-k of said Circuit Court cancel this lien of record. WITNESS WHEREOF, The Boarct of County Commissioners of Col lief Cou::ty, Fl. orida, hereby directs t. hat this Satis[actio:: of I~io~i be executied in its name b,/ izs Ctiairman. A'F T .:il S T: · l- ." '[''' Clerk of Circuit Couru ~t£-'. :: ,' ,. "..'. legal sufficienc,/ AsS~!~n~ ~4~--- - County Attorney BOARD OF COUNTY COMMISSIONERS COLI,IEt{ COUNTY, FLORI[IA BY: Barbara g. Berry Cha i mia n PREPARED BY: CLERK OF TIlE CIRCUIT COURT P.O. BOX 4130,t4 NAPLES, FLORIDA 34101-304,t *** 2408925 OR: 2492 PG: 0822 *** RBCORDBD In O?FICIA5 R~CORD$ of COL~IBR COUN?], FL t2/16/98 al OI:OI~M D~IGH7 E. BROCK, SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER FOR CLERK'S USE ONLY BLNOW ALL [dEN BY THESE PRESENTS ti:at COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is ti~.c owner and holder of a certain lien against: ORTIZ, FELIPE DOB: 07/10/66 CASE NUMBER: 971035MMA for ser'.'i.c,?s; of the Pttbl ic I,~efender, bearing [.}~e date of the 9T}{ clay cf. F'.AR(?}{, ~998, recorded ir: office of the Clerk of the Circuiz Courz of Collie:' County, Florida, securing t}~e principal sum of ****TWENTY-FIVE**ee****e**DOLLAR9, under Final Judgement and Order recorded in Official Record book 2,tO2, page 03.11. The::,_a'~ rd of. County Cc<r~nl{ss:oners~ of Collier County hereby acknowledges full :~a'~'me::z and satJsfacuion of said lien, hereby surrenders a .__!"~d arid hereby d rectls c}la~ Uile Clerk of said Circuit Court IN WITNESS ;';HEREOF, The Board of County Commissioners of Collier Count'/, Florida, hereby directs that hi]is Satisfactio[] of Liet~ be execuhed in its name by its Chairman. Executed zhis l~~%'~ day of ~ , 1998. ATTEST Z' Cl~._r.,of Circuit. Court $ f .q,l,~~. :,..... Aoo.o~_d.. ,- ,~ as to form legal sufficiency AasLsLanC County BOARD OF COUNTY COMMISSIONERS BY: Barbara B. Bet Cha i rrna It PREPARED BY: CI~ERK OF THE CIRCUIT COURT P.O. BO:< 4130,t'1 NAPLES, FLORIDA 3't101-30,t,t SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER *** 2408926 OR: 2492 PG: 0823 *** RECOrDeD in OFFICIAL R~CO,~D$ of COiiI~R C~UKI~, FL 12/16/98 at OI:OIFM DW!GH~ E, BROCK, R~C E)~ ~. O0 CAS~t)R FOR CLERK'S USE ONLY ~W4OW ALI, MEN BY THESE PRESENTS tkat CO:,LIER COUNTY, FLORIDA, through its BOARD OF COHMISSIONERS, is t)~e owner and ):older of a certain lien against: RAMIREZ, ROIJ~NDO ROBERT AKA RAMIREZ, ROLY CASE NUHBER: 98 0,t 2 3 0 Mt~LA for ser'.'ices of the Public Defender, bearing the date of the 18TH day of AUGU~qT, 1998, recorded .in cf lice of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of * * * * T;','::b , f- FIVE*********** DOLLARS, under Final Judgement and Order recorded in Official Record book 2,t55, page 0724. The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the',s~me as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. l.q WITNESS WHEREOF, The Board of County Comn:Jssioners of Collier Count':', Florida, hereb7 directs that ti:is Satisfaction of Lien be e>:ecused in its name by its Chairman. Executed this 1~-t~j~ day of ~AfA~,, ATTEST: .... :. , , .,. ;~. : ..~t~ir,°t..r.~. .',,. A'oDroved as to form legal sufficiensy Assistant County Attorney , 1998. BOARD OF COUNTY COMMISSIONERS COLI, IER COUNTY, FLORIDA BY: Barbara B. Berry Chai rman PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 2408927 OR: 2492 PG: 0824 *** R~CORDfa in OFFICIAL R~CORDS 0f COLL!~ COU~Ti, FL 12/16/9~ 8L OI:OlPM DWIGHT ~. BROCk, CL~ R~C H~ 6,00 CASHIER ' SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER FOR CLERK'S USE ©NLY ~lO;'; ALL HEN BY 'F![ESE PRESENTS that COLLIER COUNTY, FLORIDA, tJtrough its [3OARD OF CO~<MISS!ONERS, is the owner and holder of a certain lien against: ZIEGLER, DAVID PAUL 9'70~!c~' '''~ ' !3013: ..... '~, .~ 05/28/58 for se':vices of t]~e Pub!:c Defender, bearing the date of the llTH day of FE[3RUARY, 1998, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of under Final Judgement and Order recorded in Official Record book 2396, page 1381. The Beard of County Commissioners of Collier County hereby acknowl'e~dges full payme~t and satisfaction of said lien, hereby surrenders ~he same as canceled, and hereby directs that the Clerk of said Circuit Court cancel ~his lien of record. Count'.', Florida, i:ereby directs that ~t~is Satisfaction of Lien be executed in its name by its Chairman. E:<ecuced t},~s Z~ day' of _~~ , 1998. ATTEST: Clerk of Circui: Court Approved as to form legal sufficiency Assistant County Attorney BOARD O[.' COUNTY COMHISSIONERS COL?Z!.~R COUNTY .~3~LO2%~I]A BY: Barbara B. Berry Chairman PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 4130,t4 NAPLES, FLORIDA 34101-3044 *** 2408928 OR: 2492 PG: 0825 *** RECORDED ~ O~ICIA~ RECORDS cf C~L~z.R C~N,:, FL 1~/16/9~ at 01:01~ DilGHT ~. BROCK, CLIRK ~ ~ ~,00 Re~n: SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFEhFDER FOR CLERK'S USE ONLY FhNOW ALL MEN BY THESE PRESENTS that COLLfER COUNTY, FLORIDA, thrcuai~ its BOARD OF COMMISSICNERS, is the owner and holder of a certain lien against: ALVARADO, TOMAS LARA CASE NU[.!!]ER: 9822012RMA DOB: 12/2,t/69 for services of the :.~t~t;[i.c b'efe::der, bearing the date of the 3[?D day of APR[L, 19Q8, rocoFdc~d i~l office of the Clerk of the Circui[ Court cf Collier Couztty, Florida, securing the principal sum of ****FORTY***********DOLLARS, u:tder F:::ai Jud.':!<:mc.~!: at:.-:! Ct;d<;:- rec©:',~f~.:i i:~ ©fficlal Record book 2-t16, ~'b~' .... Bcard o{ County Commissioners of Collier County hereby acknowl'~,'~c3_~-,~- f,:il pa',:'me:~.[ and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit tour: cancel this lien of record. , =.~r.~o WHEREOF, The ~:oard of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be ATTEST: / Clerk of Circuit 'Court Ap~:-oved as ~o form legal suf ficienc¥ Assi%stan[ County A~[orney BOA}{[) OF COUNTY COblHISSIONERS COLLIER COUNTY, FLORIDA BY: Barbara B. Berry Cica i rman PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 't1304't NAPLES, FLORIDA 34101-3044 *** 2408929 OR: 2492 PG: 0826 *** ~e~n: SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER FOR CLERK'S USE ONLY K.NOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is t!~e owner and holder of a certain lien against: BARNIKR, KEVIN d CASE ,"?UR?}KR: 98041!9F, MA DOB: 03/07/70 for services of the Public Defender, bearing the date of the 3RD day of AUGUST, !99~, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****TWENTY-FIVE***********DOLLARS, under Final Judcement arid Order recorded in Official Record book 2,t,18, page 3482. The Board cf County Commissioners of Coi!:er County hereby acknowledges full payment and satisfaction of said lien, hereby surrender's the same as ~ance]~r~ .... and }~erebv. directs that the Clerk of said Circuit Court cancel this lier~ of record. IN WITNESS W}{EREOF, The Beard cf County Commissioners of Collier County, Florida, hereby directs ii,at this Satisfaction of Lien be e:<ecu~ed i:: ils name b':' ics ATTEST:. Clerk of Circuit: Cou~'t: Appro,.,ed as r.o rnrm leaal suff~c ( ' Assistant County Attorney [.~OARD OF' COUNTY COMMISSIONERS COLLI:ER COUNTY, FLORIDA Bat'bard }~. Bet't y Cha i rrna n PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-30,t4 *** 2408930 OR: 2492 PG: 0827 *** RECORDED In OFFICIAL RICORDS of COLLIER COUNTY, FL 12/16/98 aL O[:OIPM D~IGHI ~. ~ROCK, CLERK Retn' SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER FOR CLERK'S USE ONLY KNOW ALL HEN BY TtIESE PRESENTS that COLLIER COUN'FY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against: BAUTISTA, SANTiAGO VIRGILIO-AKA BAUTISTA S~TIGO VIRGIL! 9805'?0.;H[.L,\ [;OB: 06 29/77 for services of the Public Defender, bear ng the date of the 12TH da}' of AUGUST, !995, recorded in office of the Clerk of the Circuit Court of Collier Ccunty, Florida, securing the principal sum of **** FORTY* * *********DOI,I,Af~S , u:kte: !.'i:~l dudu,.~':m.'nt a::d Ozde:.' recorded in Official Record book 2455, page 0580. The Board c'f Count'.'/ CommLssioners of Collier County hare, by acknowledges full payment and satisfaction of said lien, t~ereby surr~:nders tt~e same as canceled, a~d hereby directs that the Clerk of said Circuit Court cancel ~hls lien of record. IN ;'/iTNESS W}JEREOF, The 'lh;ard of County Commissioners of Coil ier County, Florida, hereby directs that this Satisfaction of I,ien be executed in its name by its Chairman. Executed r,,is _~'~- ~lay of ~ , 1998. ATTEST: Clerk.of Circui2 Cour~ ;~o';.": : ~.., "' ......:~: .~, 'Approved 'as zoi form !ega! sufficiency Assistant County Attorney BOARD OF COUNTY COMHISSIONERS BY: [L~:'bara B. Berry Cha i ['man PREPARED BY: CLERK OF THE CIRCUIT COtJRT P.O. t]OX ,t130,1,t NAPLES, FLORIDA 3.t101-3044 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER *** 2408931 OR: 2492 PG: 0828 ~lC H~ ~.00 Rein: FOR CLERK'S LISE ON[,Y ~U~O%'I Al,fi HEN RY IqiESE PRESENTS that COLLIER COUNTY, FLORIDA, t}~rough its BOARD CF CO[.:NiS$IOI:ERS, is ti:e owner and holder of a certain lien against: BELIN, JOEL AKA BELIN, JOEL ANDREW CASE ,';UHBER: 980123-1HRA DOB: 07/08/65 for ,: .......... ,-.s of the Publz,.r .)u,.eI:dr.,r, bea,'-:::g tile date or the 6T" day of A~:!-'.iL, !998, :-ecorcied izt office off Lhe Clerk o[ the Circuit Courz o[ Collier County, Florida, securing the principal sum of ****TWENTY-FIVE***********DOLLARS, under Final Judgement and Order recorded in Official Record book 2,t16, page 3102. Tile Board ©~: County Conmz .... ione~:s of Collier Cot]nty hereby ack:towlt;dges full pay:ue::t a:~c] satisfaction of said lJe~,, }~ereby surrenders tt~e same as canceled, aI:d hereby directs that the Clerk of said Circuit Court cancel this l lei1 of r~cord, ii~ NI'fNESS ",';}tEREOF 'i'tte Beard o~ County , ': . .... nm,ssio:~ers ot Col Counzy, Florida, hereby directs t:haz this Satisfaczion of Lien be execuLed i:: its ~]ame by ifs C~:airman. Executed '._~is X~ day of ~ , 1998. t%i ,..%.h>.. Clerk of Circuit Court Approved as to ~Orm legal SUf~ iciencv Ass~st~ County Attorney BOARD OF COUNTY COi'qHISSIONERS COI,[,i ER, C'OUNTY/,~ F[,~[ DA BY: Barbara B. Berry Chairman PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX ,113044 NAPLES, FLORIDA 34101-3044 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER *** 2408932 OR: 2492 PG: 0829 *** RB¢ORDBO in OlqlCIAL RBCOP, OS of COLLIIR COUNT',,', 12/16/98 at 01:0lPg4 DWIGHT i. BROCK, CLIRR RIC P~ ~, O0 FOR CLERK'S US[-; ONLY KNOW Al,!, M[.]N BY 'I'fIESE PRESENTS that COLLIER COUNTY, FLORIDA, th'~ough its BCA){D CF CC>U4ISSIONERS, is the owner and holder of a certain lien against: BENT!TEZ, JULIA.N RODRIGUES AKA RODRIGUEZ, JULIAN CASE [iUI,IBER: 9804317MF~ DOB: 01/06/50 for services of the Public Defender, bearing the date of the 7TI{ day of JUI/:', 1999, recorded iii office cf the Clerk cf the Circuit Court Collier Couuty, Florida, securing the principal sum of ****TWENTY- FIVE***********DOLLARS , under Final Judgement and Order recorded in Official Record book page 2797. 2442, The Board of County Commissioners of Collier County hereby' ack:~owl%~,~ges full payme:~t and satisfaction of ~aid ~en, hereby as canceled, and hereby direczs zhaz zhe Clerk of said Circuiz Courz cancel zlti:; lien of record. ,1 .... mSS ~,';HEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed in its name by its Chairman. ATTEST: Approved as to form legal' sufficiency Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: tk~rbara B. Berry Cha i rman PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 4130,;4 NAPLES, FLORIDA 34101-3044 *** 2408933 ~BCORDBD in O~I£ItL ~BCO~DS of COLLIER ¢OUNT~o FL IZ/l&/9~ aC Ol:Ol?~ D~IGH~ g. ~ROCR, CLgRR Re%n: CAShieR ~ OR: 2492 PG: 0830 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER FOR CLERK'S USE ONLY KNOW ALL MEN BY TiiESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and []older of a certain lien agair~s[: BOLYEA, MARCEL DiON CASE .U'JMBE!%: 9805181MiqA DOB; 02/23/77 for services of the Public Defender, bearing the date of the 13TI{ day of AUGUST, 1998, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****TWENTY- FI VE***********DOLLARS, under Final Judgement and Order recorded in Official Record book 2453, page 1426. The Rcard .-~f Counuy Commissione_rs o[ Collier County hereby acknowl~dges full payment and sazis£aczion of said lien, hereby surrenders the same as ........ lcd, and hereby directs that the Clerk of said Circuit Court canc..~ zh~s lien of record. :"'~ ;';r"';~uSS WHEREOF it,_ Board of Cotln,', Commis,~ioners of Collier County, Florida, hereby directs t}~at this Sa~isfacnion of Lien be executeci i~ its name by its Chairman. ATTEST: ~]erk of Approved as to form 1 e. ga 1 sufficiency Assistant. County Ahhorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Cha i rman PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-30,t4 *** 2408934 OR: 2492 PG: 0831 *** ~IC ~1~ ~,00 / SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER FOR CLERK'S USE ONLY KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against: BORREGO, ARNALDO W. CASE NUM,;~EE: 9805661MMA DOB; 05/i8/57 for services of the Public Defender, bearing the date of tile lST!t day cf AUGUST, 1998, recorded ir] off[ce of tile Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****TWENTY-FIVE***********DOLLARS, tinder Final Judgement and Order recorded in Official Record book 2455 page 072<7. ' The Boar.:i cf County Cou;missio:lers of Collier County hereby acknow['e'c]ges full payme.u~ arid satisfaction of said lien, hereby surrenders the saul,3 as cance!cd, and hereby directs that the Clerk of said Circui~ Cour~ cancel ti~,is lien cf reccrd. IN ','I -~,~n~.~ WHEREOF, '!'he Board of County CommissioP, ers of Collier County, Flcrida, hereby directs that this Satisfaction of Lien be executed itl its name by its Chairman. Executed [.his ~ day <of _~ _, 1998. ATTEST: Clerk of Circuit Court :~'~t"'i-'"':' ;'~ '"' ~" '~'":."n'~ q 'r''' '~', . ~L6bz:oved aa' co form legal, sufficiency Assi~stant' County Attorney BOARD OF COUNTY COMMiSSiONERS BY: Barbara B. Berry Cha i rrna n PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX '113044 NAPLES, FLORIDA 3't101-30,t4 *** 2408935 OR: 2492 PG: 0832 *** R~CORDBD In O~tCtA5 R2CORD$ of COLLIBR COUNTI, FL ~etn: CASHIER SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENrDER FOR CLERK'S USE ONLY NNOW ALL, MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against: BURGESS, BONNIE L. AKA BURGESS, BONNIE LEE CASE NUNBER: 9805'198MMA DOB: 08/05/60 for- services of the Public Defender, bearing the date of the 18TH da}' of AU'GUS'F, !998, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****TWENTY-FIVE***********DOLLARS, under Final Judgement and Order recorded in Official Record book 2455 page 0721. ' The Board of County Commissioners of Collier County hereby acknow~,:~]ges f,~ii pa'/:ue:~u and satisfaction of said ]ie~, hereby surr-e~ders t~e same as ca~celed and herr~b,, directs that t~e Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed in its name by its Chairman. Execuzed this _~_~J~- AT'FEST: day of ~ C!&rk cf Circuiu Court ?~,~{ . ... , . . . ~,:p · , ... Apppoved as Zo form legal sufficiency Assis~an2 County AtZorney , 1998. BOARD OF COUNTY COMM!SSIONERS COLLIER COUNTY, FLORIDA B Y: Cha i rman PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-30,t4 *** 2408936 OR: 2492 PG: 0833 *** 12116/98 at 01:0IPE DWIGHT B. BROCK, CLERK ~C ~Z ~,00 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER FOR CLERK'S USE ONLY KNOW ALL MEN BY THESE PRESENTS that COhLIER COUNTY, FLORIDA, t}tr'ough its BOARD OF COHHISSIONERS, is the owner and holder of a certain lien against: CAMACHO, PEDRO - AKA CAMACHO, PETE CASE NUHBER: 9802312F'.iqA DOB: 09/09/65 fcr services of the Public Defender, bearing the date of the 18'N{ cfa}' of HA':', 1998, recorded i~ office of the Cle,"k of the Circuit Court of Collier Country, Florida, securing the principal sum of ****TWENTY-FIVE***********DOLLARS, under Final Judc;ement and Order recorded in Official Record book 2422, page 1369. The Board of County Commissioners of Collier County hereby acknowl~¢~s full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court IN :';I'i'NESS N!{[:iREOF, Tt~o Board 0£ Co',:~lt}, Comnlissior~ers of Collior Count}', Florida, hereby directs ~hat this Satisfaction of Lien be executed in its name by its Chairman. Executed ~his ~ day of ~ , 1998. ATTEST: Clerk of Circuic Cour~ lttr.,.,'.:: -.- ' ... , j App. roved as to form legal suf ficienc¥ Assi hant: County Atzhor~ey BOARD OF COUNT'f COMMISSIONERS COLI,IER COUNTY, FLORIDA BY: Barbara B. Berry Cha i rman PREPARED BY: CI,ERK OF T}IE CIRCUIT COURT P.O. BOX 4130,t4 NAPLES, FLORIDA 34101-30't4 2408937 OR: 2492 PG: 0834 *** Retn: SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER FOR CI,ERK'S USE ONLY KNOW ALL MEN BY TIIESE PRESENTS thnt COI,LIER COUNTY, FLORIDA, through its BOAR[) OF COIqHISSIONERS, is t:i~e owitcr and tlolder of a certailt lien against: CANTERO, Fu\FAEL CASE NUHBER: 980,t892MMA DOB: 01/26/74 for services of the Pt~b! ir: Defender, bearing the date of ti~e 3RD clay of AUGUST, 1998, recorded irt office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of **** FI FTY***********DOf,I,ARS , under Fi~:al Judgement and Order recorded in Official Record book 2,t48, page 348'/. The Boar(:) of Count':, Commissioners of Collier Cotlnty hereby acknowli~'dges ~ull payment and satisfaction of said lie~t, hereby our r _nd_ ~ ., the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNEL~S ;';tIEREOF, The Boa:xi of Cou,,t['.':' Commia:sioners of Collier ~-~u,,tF, Florida, hereby dLrect:q ut~at this Satisfaction of Lien be executed in its name by its Chairman. E::ecuted ~his .~-~- da}, of ~~,,x ATTEST: Clerk of Circui~ Court Approved as [o form legal suff icie~c'f Assistant County Attorney , 1998 . BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA B'f: Barbara B. Berry Cha i rman PREPARED BY: CLERK OF TIlE CIRCUIT COURT P.O. BOX 41304.t NAPLES, FLORIDA 34101-3044 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER *** 2408938 RICORDtD in OFFICIAL RBCORD$ o! COLLIE,o, ,'m,, - 12/16/98 at OI:O1PM D~!GH? 1. BKOCK, CLER! OR: 2492 PG: 0835 *** FOR CLERK'S USE ONLY ~NOW A!,L r.~EN BY THESE PRESENTS that COI,[,IER COUNTY, FLORIDA, through its BOARD OF COHMiSSIONERS, is the owner and )]older of a certain lien against: CUNARD, KURT ARTHUR CASE .... 9801935MMA DOB: 07/04/58 for services of the Public Defender, bearing the date of the 27TH day of MARCH, ] 998, ,- .,c ,e_orded ~n off{ce of the Clerk of the Circuit Court Collie'.- Ceunty, Flerida, securing the principal sum of * * * *TWENTY - F ! VE* ** * * ** * * **DOI,I,ARS , under Final Judgement and Order recorded in Official Record book 2,t16, page 2975. The Board of Count}, Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court WITNESS ",';tIERKOF, The Boa::'d of County Commissicl~ers of Collier oat [qfaction of I, ien be execuLed lz} LLS ~]ame by' ils C~lazrmail. ATTEST: Clerk of Circutt Court A~te~{: ~ ~.. :' ,' -,~,~ '~pproved as ~o form legal sufficiency Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER(~ f~, ~,COUN'I'Y~ FI,;.~IDA BY: Barbara B. Berry Cha i rman PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 41304,t NAPLES, FLORIDA 3,t101-304,t SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER 2408939 OR: 2492 PG: 0836 *** ~C H~ FOR CLERK'S USE ONLY KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against: DAVIS, ELIZABETH - A~\ DAVIS, ELIZABETH YVONNE CASE r~L.,I.,B.~,.: 98035.t 7hINA [}OB: 11/19/64 for services of the Public Defender, bearing the date of the 7TH da}, of JULY, 1998, recorded in office of the Clerk of [he Circuit Court of Collier County, Florida, securing the principal sum o~ undo?- Final Judgemer~.t and Order recorded in Official Record book 2.t55, page 0692. The Board o£ County Commissioners of Collier County hereby ackno;.;it~dges full payment and satisfaction of said lien, hereby surrenders the sarne as canceled, and hereby directs that [t~e Clerk of said Circui[ Ccur~ cancel this lien of record. ,',.~N~SS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby direczs ~hat this Satisfaction of Lien be executed in its name by its Chairman. E:.:ecuted tt~:s ~ cia}' of ~ , 1998. ATTEST: Clerk of Circuit Court Appro'/ed as t'.o form legal sufficiei~cy Asszscanc County Attorney BOARD OF COUNTY COMMISSIONERS COI,I~3.ER COUNTY ~-,FLOJa4 DA BY: Barbara B. Berry Cha i rman PREPARED BY: CLERK OF T}iE CIRCUIT COURT P.O. BOX ,t13044 NAPLES, FLORIDA 34101-3044 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER *** 2408940 OR: 2492 PG: 0837 *** RECORDED in OFFICIAL R3CGRD3 of COLLi.~R ~C FOR CLERK'S USE ONI,'f K~O;'; Ahb MEi,' BY Ti.['.a::, P~ESENTS that COI, L,I[.~'R COUNTY, FL, ORID?~, ils BOARD OF COM~4ISSIONERS, is the owner and holder of a certain aa~ainst: DI~,!AS, STEVEN JOSEPH CASE ~qt!PlBER: 980,t 996h~MA DOB: 0.t/28/73 for servicers of the Public Defender, bearing the date of the t2T}{ day' of AUGUST, ]998, recorded i~] office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of **************************** under Fimat JudgemenZ and Order recorded in Official Record book 2455, page 0578. The ~,o.qrc! of Co:.::ttty C:onuuiss~ior:ers of Co!; ier Country }tereby ackno..~.l,,~rd?es full paym. en,a a~td sabisfactic:t of said licit, hereby surremders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN ',.Ir, m~S WHEREOF The Board of Coun%y Commissiome~'s of Collier County, Florida, hereby directs that this Sa:isfaction of Lie:: be executed in its name by its Chairman. ;.T ..... : Cl_e, rk of Circuit Co.urt ~tt~s: '~.: i.' · ', i' '.:~'~ S t c:.~C. !',.,. .' . Approved ay; t:.o form legal surf iciez:cy Assistant County Attorney , 1998. BOARD OF COU~FI'Y COMM!SStO~;ERS COLLIER COUNTY, FLORIDA BY: Barbara B. Berry Cha i rman PREPAREI) BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 *** 2408941 OR: 2492 PG: 0838 I2,/16/9~ aL O!:Ol?N n...,-u- . ...... SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER FOR CLERK'S U.~- ON[,Y ?0NO:'; ALL MEN BY 'Fl{ESE PRESENTS ti~at COi,LIER COUNTY, FLORIDA, its BOARD OF COMMISSIONERS, is the owner and holder of a certain l~er: agains~: DOYLE, EDWARD GEORGE JR. CASE NUMBER: 980.t59!MMA DOB: 08/10/55 for ser'..ic,.~.~; of t}:,> ?ublic De£e:tde,:, bearing thc dnte of the 15'I'H day ~' ~ ...... ~ ~ice of ~he Clerk of the Circui~ Court of Cciiier CounZy, Florida, securing [he principal sum of ****TWENTY-FIVE***********DOLLARS, under Final Judgement and Order recorded in Official Record book 2,tq~ page 1.t.t3. , The Board of County Commisr;ioners of Collier County hereby full pa}'me~:t and satisfaction of said lien, hereby surrenders t}:e same as canceled, and hereby d:rects that the Clerk of said Circuit Court cancel this lien of record. iN WITNESS NHEREOF, The Board of County Commissioners of Collie:' Count,/, Florida, hereby d~,.-ects t~at: Lhis Satisfaction of I.,ie~t be executed in its name by its Chairman. E:':ecu:ed this ~~'~ ATTEST: / ,/ Clerk of Cl:-cuit ?~:. .':: ... , · , : ~'f n-.- ' ...... Approved as to form legal sufficiency Assistant County Attorney BY: l]arbara B. Berry Cha i rrna n PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX ,t130,t4 NAPLES, FLORIDA 34101-3044 *** 2408942 OR: 2492 PG: 0839 *** R~CO~D~D in OFFICIAL NCO~DS c[ COLLIBR COUN?~, FL 12/16/~8 a~ OI:OIP~ D~IGHT ~. EROCK, CLI~K ~tC ~ ~.00 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER FOR CLERK'S USE ONLY KNOW ALL MEN BY THESE PRESENTS that COI,LIER COUNTY, FLORIDA, its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against: ESCOBAR, ~\FAEL CASE NU'.MBER: 9802,t58MMA DOB: 09/07/69 for services of the Public Defender, bearing the date of the 18TH da5.' cf !,b\Y, 1998, recorded in cf lice cf the Clerk of the Circuit Court cf Collier Count},, Florida, securing the principal sum of ****TWENTY-FIVE***********DOLLARS, under Final Judgement and Order recorded in Official Record book MAY, page 98. The Boa,-,4 of County Cemmi:'s{ ~ - ........ o~ters o.. Collier Co'.:nty hereby ack:~o'..,'l'cfdges full pa,:'me::t and satisfaction of said lien, her'eby surrende:'s kite same e.:, and hereby directs thau Lhe Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed in its name by its Chairman. Executed ATTEST: Cle½k of Circuit Court Approved as to form legal sufficiency Ass~stanu..County Attorney da,.,, of_~ , 1998. BOARD OF COUNTY COMMISSIONERS COI,[,[ER COUNTY, FI,ORIDA BY: Barbara B. Berry Cha i rman PREPARED BY: CI,ERK OF 'FILE CIRCUIT COURT P.O, BOX 't130't4 NAPI,Ii:S, FLORIDA 3't101-30,t't R!CO~DID ~n O~ICIA~ ~CO~DS e[ CSCLiS~ CO,!iTT, ~L 12/15/~8 at OI:OI?R DWIGHT ~. B~O:~, CL~RK ~L~: SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFE~ER FOR CLERK'S USE ONLY KNOH ALL HEN BY THESE PRESENTS that COLLIER COLINTY, FLORIDA, th~'ough its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against: FREMOND, JOCELYN CASE NUMBER: 97090igMMA DOB: 11/01/70 for services of the Public Defender, bearing the date of the 9TH day of FEBRUARY, 1998, :;ecorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****TWENTY-FIVE***********DOLLARS, under Final Judgemenu and Order recorded in Official Record book 2392, page 0883. The Board of County Commissioners of Collier County hereby acknowl~2;~ges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier Coup. E},, Florida, hereby di~:ects that this Satisfaction of Lien be execu[ed in i~s name by its Chairman. Executed ~his ~ day of ~~__~ , 1998. AT'I~EST: Clerk of Circuit Court pp~ved as- to form l~gal sufficiency Ass'istan~ County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY-~ FI/C~IDA BY: Barbara [3. Berry Ctta i rman PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 *** 2408944 OR: 2492 PG: 0841 *** RBCOKDED !n OFFICIAL RICORDS c,E COLLIBR COUNTT, FL 12/16/~ ,{t OI:OIF~ D~tG~T ~, B~OC~, ~iC FI] 6,00 Rein: SATISFACTION OF LIEN FOP SERVICES OF THE PUBLIC DEFENDER FOR CLERK'S USE ONLY KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BCARD OF COMMISSIONERS, is the owner and holder of a certain lien against: GARZA, JOSE IS~EL CASE NUMBER: 9805187M~ DOB: 07/20/66 for services of the Public Defender, bearing the date of the 5TH da), of AUGUST, 1998, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****TWENTY-FIVE***********DOLLARS, under Final Judgement and Order recorded :n Official Record book 2,t55, page 0658. The Board of County Commissioners of Collier County hereby acknowl'e~dges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of Count}' Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed in its name by i~s Chairman, Executed this ~--~ da}, of ~~ , 1998. ATTEST: Clerk of Circuit Court .A~. ~.' '' ":" :~',"::~'~ 'Approved as to form legal sufficiency Assistant County A~torney BOARD OF COUNTY COMMISSIONERS BY: Barbara B. Berry Cha i rrna n PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 2408945 OR: 2492 PG: 0 42 RKORD~D in OFFICIAL R~CORDS o[ COLLtBR COUN?~, fL 12/16/98 at Oi:OI?M DWIGHT I. 8~OCK, CLB~ SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER FOR CLERK'S USE ONLY KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against: GIBSON, ROBERT A~ GIBSON, ROBERT P~Y CASE NUMBER: 9805513M~\ DOB: 12/18/48 for services of the Pt~b!ic Defender, bearing the date of ti%e 7TH day of JULY, 1998, recorded in office of the Clerk of the Circui[ Court of Collier County, Florida, securing the principal sum of ****TWENTY-FIVE***********DOLL~RS, under Fi:mi Judgement and Order recorded in Official Record book 2455, page 0662. The Board of County Commissioners of Collier County hereby acknowl'~dges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN }llTNESS WHEREOF, The Board of County Commissioners of Collier Count_y, Florida, hereby directs that this Satisfaction of Lien be executed in izs name bi, i~s Chairman. ATTEST: Clerk of Circuit Court '":A~roved as to form ...legal sufficiency Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COL~-T)ER COUNTY ~FL~DA BY: Barbara B. Berry Cha i rman PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 4130,t4 NAPLES, FLORIDA 34101-3044 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER 2408946 OR: 2492 PG: 0843 *** ?,KObOlD m O~iCIA~ ~,KOH,~ cf O.~L:!,~,' CC~.~,i'. ,:~. R~L~,: FOR CLERK'S USE ONLY YdqOW AL, L HEN BY T}{ES!< PRESENTS ti%at COLLIER COUNTY, FLORIDA, thrcug}l its BCARD OF CCHMISSiONERS, is the owner and holder off a certain lien against: GCNZALES, ELPIDIO - AKA GONZALEZ, ELPlDIO CASE NUMBER: 9~05514MMA DOB: 07/02/67 for services of the F,~blic Defender, bearing the date of the 77'}{ da':, Of ~' " 98 , ~[.,:, 19 recor~i,~d in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****TWENTY-F!VE***********DOLLARS, under U;nal Judgeme! page 0697. and Order recorded in Official Record book 2,t55, 'r¼~ Board ~f Co::ntv ':mmtssione:'s of Collier Cotl:tty hereby ackrlowledges Jul! paymen[ and sat:sfaction of said lien, ttereby surre~'.dors tile same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, T!:e Board of County Commissioner's of Collier Ccunsy, Florida, he~-ci.y directs thaL this Satisfactio~l oi Lien be execuEed in les name by iss Chairman. Executed this ~-'~- __day of L~I~Cg~P , 1998. ATTEST: tlerk of Circui~ Approved as to form 'legal sufficiency BOARI.) OF COJNI~ COMMISSIONERS BY: Barbara B. Berry Cha i rrna n PREPARED B'f: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-30,1,1 !~/1~,/13 ~t 01:01~ D~IGHT [. B~OC~, C~H SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER FO[? CI.,ERK'S USE ONI,Y KNOW Al,L, HEN BY TI!ESE PRESENTS that COLLIER COUNTY, FLORIDA, t)lrough its BOARD OF COMHISSIONERS, it; the cwner and holder of a certain l ir:n against: HENDERSON, CHARLES ALVIN ' ~' ~ be ,. :or services of t:he Public D.~ende,', aring the date of the 5Tu da}' of SEPTENBER, !.998, re_o~d.d~ - o. in offin,-__ 0£ t}~e Clerk of thc Ci-c~,i'~_.. Court of Collier County, Florida, securing the principal sum of ****TWENTY-FIVE***********DOLLARS, ur:der Fi.ua! ,l',:d'4e.'uent a::d O.-cio.,' recorded in Official Record book 2,t61, The Beard of Co::::ty Co:n::',issioners of Collier Country hereby ncknowP,Jdg,_',s ft:ll pa}'me::t and sazisfaction of said li.e~t, hc::'eby surrenders tit,: sam(: as canceled, and ):ereby directs t. haK the c::]erk of said Circuit Court cancel titis lie:t of record. , _ , Cot. n~ .... ioners of Collier' !N' ;qiTNESS WHEREOF The Board of no ~nty ,~ '~ Cou ~ , ' r.~i.' Florida, hereby directs that th~s Satisfaction of I,ien be executed in its name by its Chairman. N:.t<:ct:t...-,,.~ t.~::s ............~ .........~!'/ o: , 1998. ATTEST: Clerk of Circuit Court ~pproved as to form legal sufficie~cy Assistant County Attorney BOARD OF COUNTY COMMISSIONERS BY: Barbara B. Ber'ry Cha i rman PREPARED BY: CLERK OF TIlE CIRCUIT COURT P.O. BOX 4130,t,I NAPLES, FLORIDA 34101-30,1,t 2408948 OR: 2492 PG: 0845 CASHIt~ SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENI)ER FOR CLERK'S USE ONLY KNOW ALL MEN BY THESE PRESENTS that COI,I,IER COUNTY, FLORIDA, throt~9i~ its BOARD OF COMMISSIONERS, is the owllcr slid holder of a certai~ 1 [eIt against: }{ENDRICKSON, BRYAN ALLEN CASE NUMBER: 980727. 1MMA [)OB: 0,1/18/80 for services ?~ the Public I)efender, bearing t:)lc date of tire 20Tt! ,:lay cf OCTOBER, 1998, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****TWENTY-FIVE***********DOLI,ARS, under Final Jt~dgemeitt and Ordcr recorded in Official Record book 2.t76, page 0773. The Board of Cot~nty (7om. missioners of Collier Coui~ty hereby ackno'.vl-.'dges full payme~lL and saLisfaction of said liett, hereby suuretmlers Lite same as canceled, and hereby directs that the Clerk of said Circuit Couut cancel this lien of record. , ,' Commissiot:ers of Coltier i.'l ','I!T;IESS ',';}{EREOF The Board of Count,, County, Florida, hereb?' directs that this Satisfact.tort of I~iei~ be executed in its name by its Chairman. Executed this k~ day o[ _~_~ , 1998. ATTEST: CLerk of C~rcuit Court Approved as to form legal sufficiency Assistant County Attorney PRKPARFiD [~Y: CI,RRK OF TIlE CiRCUiT COURT P.O. BOX ,t130,1,t NAPLES, FLORIDA 3,t101-30,t,t 2408949 OR: 2492 PG: 0846 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER FOR CLERK'S USE ONLY ?kNOW Al,I, [.!E:~ g':' 'FiIESN PRESENTS that COI,I,IER COUNTY, FLORIDA, thrcuglt its BOARD O}.' COMMISSIONERS, is tile o;vner and holder of a certain lien against: }{ENNESSEY, MICHAEL FRANCIS - AKA HENNESSEY, MIKE CASE :;UMBER: 9G09987HMA DOB: 09/06/65 for services of the Public Defender, bearing tile date of the I6T: daW of SEPTEM!~i-iR, 199'7, recorded in office of] the Clerk of tt~e Circuit Court of Collier County, Florida, securing the principal sum of ****TWENTY- FIVE***********DOLhAR~q, under Final Judgement and Order recorded in Official Record book 2416, page 3 l 0 ~. The Board of County' Commissioners of Collier Count:¥ hereby' ack~towlodcjes full payment and satisfactio~ of said ]ion, l~er-eby surre~de~'r; tt~e same as canceled, and hereby directs that t~:e Clerk of said Circuit Court cancel this lien of record, !..U ":!~NE..S,, "' f~ WHEREOF, The Board of County Commisszoners' of Collier County, Flo:'lda, hereby directs tic. at this Satisfaction of [,ie~ be executed in its name by its Chairman. ATTEST: erk of Circuit Court: BY: Barbara B. Berry Cha i rman Approved as .to form legal sufficiency Assistant: County Attorney PREPARED BY: CLERK OF T}[E CIRCUIT COURT P.O. BOX 't1304'1 NAPI,t':S, FI,OR[DA 3,t101-30.t,I 2408950 OR: 2492 PG: 0847 *** CASHi~ SATISFACTION OF LIE~I FOR SERVICES OF THE PUBLIC DEFENDER FOR CLI'ZRK'S USE ONI~Y KNOW A!,h I4E,.'I B'E Tli[:iSE PRESENTS that CO',.!,IER COUNTY, F',,ORIDA, through its BOARD CF CO>iMiSSIONERS, is the o,,vnc:r and holder of a certain lien againsz: t!ERNANDEZ, CASE 9't08,t'/~>![.',A i30[~: ("-/' ! 0/65 for- so:-'.':c:es of the Public Defender, b,,arit:g the date of hhe 9Ti{ day off FEE~RUARY, 1998, recorded in office ,~f the Clerk of the Circuit Court of Collier County, Florida, securing t~te principal sum of ****TNENTY- FIVE**** *******DOLLARS, ,',,der w;::a~ T,,dc;<,m<::ttt and O:-d:::rr~.c,.'~ :~'i~d¢,.z in Official Recorct book ..'~391 pape 1582. The Board of County Commissioners of Collier County hereby ack~towl%~dges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS %'iIEREOF, The Board of Cottrtty Commissioners of Col lie~' Courlty, Florida, he~'eby directs that this Satisfactio~ of Lien b(. e:.:ecut:od ir~ its name by itts Chairman. ATTEST: /,4..,, , Clerk: of Circuit Court .Approved as to legal sufficiency Assistant County Attorney BOARD Of:' COUNTY COiqMISSIONERS COI~i,iER COUNTY, FI.,ORIiOA f , BY: Barbara B. Beury PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 41304,t NAPLES, FLORIDA 34101-3044 *** 2408951 OR: 2492 PG: 0848 !Z,'!6/3~ it ~!:0!~ D~IGHY E. ~ROCK, CL~R~ SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER FOR CLERK'S USE ONf,'f KNOW Al,I, MEU f~'f T}{ESE PRESENTS El:at COLI,IER COUNTY, FLORIDA, ttt:rou~3~t its BOARD OF COMMISSIONERS, is the owne.,: and holder of a certain lien against: HERNANDEZ, FRANK 9706703MMA DOB: O8/10/65 [ct .q,.:.:'vice:~ of the P~lbiic De£ender', bearing the date of the 8TH da}, of OC'FOf3EP., 1997, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of e***TWENTY-FIVE**********eDOLLARS, Final gu¢igeme~t and Order- ~'ecorded in Of£ic±a[ R@cor-d ~oo~: ,:3%o, full ::'~',., ...... :::' aud satisfaction, oS s;aid lien, hereby surrenders the same as canceled, and hereb}, directs that the Clerk of said Circuit Court ~an~ this lien of record. iN WITNESS WHERE'OF, The Board of Cou;;t'/ Commissioners of Coll iou County, Flo-~-ida, hereby directs titat this Satisfaction of Lien be executed in its name b?' its Chaiuma?.. E:.:ecu~:<~d t!:i~-ur/~ da,.,' of ~~_ , 1998. Clerk of Circuit Court Ap'proved .ns to for'm legal r;'~:f f ici o~:cv Assistant County Attorney i{Y: B.'~.,'bar'a B. C}~a i rman t-:['!EPAf~[']D BY: CLERK OF THE CIRCUIT COURT P.O. BOX 41304,t NAPLES, FLOR[DA 34 101-30,14 2408952 OR: 2492 PG: 0849 *** SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER FOR CLERK'S USE: ONLY KNOW ALL MEN BY THESE PRESENTS that CO[.,LIER COUNTY, FLORIDA, through its BOARD OF C©MMISSI©I;ERS, is the owner and holder o[ a corLai~ lien against: JEAN, SAINTSOI - AKA JEAN, SAINTSO CASE NUMBER: 9803351MMA DOB: 01/13/68 fez' services of the Public Defender, hearing the date of the 16T}{ da}' of JULY, 1998, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****TWENTY- FIVE***********DOLLARS, under Final Judgement and Order recorded irt Official Record book 2.t48, page 3,185. ,r~.,..;.:~ ~.n"a""; .......... o" r'o~:nt:v, Commis.nione:-s of Col 1 ier C:o~:t.y here, by, n(.' '..no.,,.ellU .:;' , ]''r c r ~ul~ ....... .- . ~.a/ ........ and satisfaction of said lion, )ler'oby surre~ders the sa:nc as canceled, and hereby directs ~hat tire Clerk of said Circui~ Cour~ cancel this lien of record. IN WITNESS W}{EREOF, The Board of Cotlnt)' Commissioners of Collier Count'/, Florida, hereby directs that tttis Satisfaction of I,ien be. e:.:ecuLed in its name by its Ct~airman. ,I ~ E:.:ecuted [:~tis ~ day of ~ 1998. A T T E S T: Cl'erk of Circuit Court · ~ Approved as to form legal sufftc:ency Asszscant County Attorney iIOARD OF COUNT'{ COMM[SS[O[;E.r~.q cor,; COUN'rYEbF '? BY: Barbara B. Berry Cha i rman PREPARED BY: CI,ERK OF TIlE CIRCUIT COURT P.O. BOX 4130't4 NAPLES, FLORIDA 3't101-30't4 ~C ~H SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER FOR, Chi:,[ K S USE ON KNOW AhL HEN BY TILES['] [?RF. SEN'I'.q ti:at COIJhII.iR COUNTY, FLORIDA, its BOARD OF COHHISSIONERS, is ~he owner and holder of a cerEain iie;i against: JOHNSON, CORNELL WAYNE ANTHONY - AKA JOHNSON, CORNEI,L 980351'?H;.!A DOB: 12/31/76 for se.-'.-icen of zhe Public D~,f. ender, ~:earing tl~e date of tl~e 7'I'!{ ciay of JULY, 1998, rccoFded irt office of t:i~,e Clerk of. the Circuit Cour5 of Collie,.' Ccun[y, Florida, securing tile principal sum of ****TWENTY-FIVE***********DOLLARS, under Final Judgement and Order recorded in Official Record book 24,tl, page 2169. The B©ard of County Commissic:!ers of C©llier Coun[y hereby acknowledges full pa}'ment and satisfacti©:', of said lien, hereby suruenders ~t]e same as ca::celed, and t~ereby d~rec:ts that t!~e Clerk of said Circuit Court cancel ti:is lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier Counzy, Florida, hereby directs that this Satisfaczion of Lien be execuzed in ils name by izs Ci~airman. ATT RS T :. Clerk o[ Circuit Court Approved as to forrr~' legal sufficiency Assistant County Attorney BOARD OF COUNTY COMMISSIONERS <-O~_,I,IF]R COUNTY, [;'I,ORIDA BY: Ba-rbar3- S. 'r -- Cha ~ rrna n PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 4130'i't NAPLES, FLORIDA 34101-3044 *** 2q08954 OR: 2492 PG: 0851 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER FOR C[,ERK'S USE KNOk~ ?,I.! MEH BY 'I'liESE ['NESF:N'I'S tidal (:OI,[,[ER COUtJTY, I.'LORi[JA, lJtrc2tlgl~ its !~O;.,F: OF COh!HISSIONERS, is the o',,;::er and holder of a certain lien against: JONES, CARLTON EUGENE CASE N_:.::!ER: 9805't38MMA DOB: 09/10/74 =or ~'- ....... of the Pub!:.c Defender, P, 9 ,- - ~ s ........ ' beari the date of tt~e 3PD day of AUi;t;: ", !998, rc<:c)rdcd in offic:c of the Cleuk of t~e Cir-cuit Court of Col!:er Counzy, Florida, securin~ the principal sum of ***'2.15; ***********DOLI,ARS, under i:':::,~l Judgement and Order recoYded in Official Record book 1239, i'he ~oa: i of County Commissioners of Collier Country t~ereby acknowledges full.ca.. ..... .ut and satisfaction of said l ie~, hereby .qt~rren¢]eFs ilK, s,amc, as canc,_~ied, and hereby directs that the Clerk of said Circuit Cou~'t cancel t::is lien of record. .., ....... ;,~t ~:s Sat: i ::;fact ion oF I,ien irt ils name by its Ci~airman. '',isk~ day of ~ , !998. ATTEST: C]e.-k of Ci¥cuik Courz ,(-~ {:,;t :.:., Approved as Zo [orm legal sufficiency Assistanz Counzy AZzorney BOARD O[: COUNTY COt'IMISSICNERS co~x-b'R ,co u ~ T ¥ ,~' ~.,Of::[,2'~,\ BY: :2a~'bara B. Berry Cha i rman PREPARED BY: CLERK OF T}IE CIRCUIT COURT P.O. BOX ,t130,I,t NAPLES, FLORIDA 3,t101-30.1-t 2408955 OR: 2492 PG: 0852 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFEN~DER FOR CLERK'S USE ONI,Y ~O?1 AL,[. HEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its EC';,F:~ OF COHMISStONERS, is the owner and holder of a certain lien agains%: KEELY, DCUGLAS VAUG~iN 9806275MHA DOB: 09/17/'tl for r~e:".':';e,~; of tl~e Pub] ic Defender, bearing hhe date of tl]e 17Tt{ da';' of SEP'fR>IBNR, 1998, recorded i:~ office of the Clerk of the C[r'cuit Cour[ c.' Collier County, Florida, securing zt~e principal sum of FORTY* ******'****DOI,LARS, up, der !-':::~! Jtl¢i,~jcmeItt and Ovder reco~-d<_~d irt Ofiicial Rccorct book page ~ 2 . . The Rca: i of CounZy Commissioners of Collier Coui]t:y ~tet'eby ack~to'..,'?ddges .'..:, : .'.;:'e~z and sa~;sfac~ion ef said ]zen, }tercby survendc, vs tire same as ca ...... ed, and t~ereb'/ divects zha'c uIte Clerk o[ said Circu:t CourL cancel ;:;is lien of record. iN r" 'r ';'" ~ i:l ::'.-. S WfiEREOF, The Boavd of Counuv Commissioners of Col lie~' Coun%',', Florida, hereby directs zhat zhis Satisfaction of Lien be e:<ecu:e ~ ::~ its name b'/ ils Chairtna:~. E:<ec,.~'~,:~ ~ ~:h:s i~ ciay of ~ ....... 1998. AT'?E~T: Clerk c,' Circuiz Cour'L Apprc,.'e,f as Lo ' legal su' ficiency ,qOARI) OF COUNTY CO?.IhlISSIONERS COI,I,iER COUNTY, _FLOP,.LDA 66. it':': Navbara B. Bcr.vy Ct~a i rman PREPARED BY: Ct,ERK OF THE CIRCUIT COURT P.O. BOX 't130't'1 NAPLES, FLORIDA 34101-3044 *** 2408956 OR: 2492 PG: 0853 *** HC HE ~,0~ 1 661 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER FO}{ CLERK'S USE ONLY KNOW ALi, MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its 5OA~..i~ OF COMHISSIONERS, is the o',vnet and holder of a certain lien against: KIRKI~AND, Jlhlbl'f DOYI,E AKA K[RKLAND, JIHhlY D. ~:q:: ..... .'.- :.';: · n802'; c, ' u',; ', [)OB: Oa/l't/59 for ser'."ces of the Public Defender, beari~g tl~e date of the 5'l'}{ day of 5EPT!.i>i~!*2R, 1998, recorded in office of the Clerk: of the Circuit Ccur2 cf Collier County, Florida, securing the principal sum of **' T,~E:,TY- FIVE***********DOLLARS , '..;::de:' F'.::nl Jkldg<?~ucIlt and Orde¥ recordeci in OffLcial Record book 2-t61, ':';',~.,.~ Boa:~, of County Commissioners of Col~.iet' County hereby acki~owl,,dc:,,s~ ..-- full pa'.'r:~e~:c and sacisfactiox of said lie~:, her'eby surrenders tl~e samct as canceled, and !tereby directs that tt:e Clerk of said Circuit Court cancel zhis lien of record. ;'ill':ii<Sc '"';? ~' ;:, ... ..... ~t.t.R~O. The Board of Cou:ttl,' Commissionc,',~ of Collie,,.' COL:rtE" ::':orida hereby directs that ~ilis SaEisfaccion of Lien b.e e:.:ecu~e ~ i:, its ~arne by its Chairman. :Z:.:ecu~,.. : t~,~s X~ clay cf ~ , 1998. ATT ['7 S T: ,Clerk c' Circuit Court BOARD OF COUNTY COblMISS!CNERS CO[,I,[ER COIJNTY, Fi,ORIDA BY: Barbara B. Berry Cha i rman Approve.i as to £orm legal s':f ficiency Asszsua::c County Attorney PREPARED BY: CLERK OF TI{E CIRCtJIT COURT P.O. BOX 't1304't NAPLES, FLORIDA 3't101-30't'I *** 2408957 OR: 2492 PG: 0854 **~ RICORDSD in OHICtAL RICOED$ of COLLIER COUNTT, EL 12/16/98 aL OI:OI~M D~IGHT ~. BROCK, CLIRK Rein: SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER il ,, {I,,/;l:I, ,,{ ' 'qlIll',' 1,,{{{ {:',. .I,J.I I Ii;Il *** 2408958 OR: 2492 ?G: 0855 *** I2/16/f5 at 0!:glPK DWIGHT B. BROCK, CLERK SATISFACTION OF LIEN FOR. SERVICES OF THE PUBLIC DEFENDER FOR CLERK'S USE ONLY KNOW ALL HEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COHHISSIONERS, is the owner and holder of a certain lien against: LOCKLEY, PATRIC!A WILLIAMS-AKA LOCKLEY, PATRICIA ELAINE CASE NU!-:!~ER: 9803980HMA DOB: 02/08/59 for services of the Public Defender, bearit~g the date of the 12'I'I{ da}, of AUGUST, 1998, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing tha principal sum of **************************** under F~na! Judgement and Order recorded in Official Record book 2.t55, page 0 5 7 6. '7~';e Soaud oi{ Conrit~y Commissio~ers of Collier County hereby ackgowledges full payment and sa~isfac[ion of said '[ ien, hereby surrenders t[:e same as canceled, and hereby directs that the Clerk of said Circuit Court cancel uhis lien of record. IN NIl'NESS WHEREOF, The Board of Count':' Commissioners of Col l Count,/, Florida, hereby directs "hat ~,:s Satisfaction of [,ion be executed in its n~me by its C}mi/man. ~xecu~ed ~nis ,1~ day o~ ~ , ~99s. ATTEST: Clerk of Circuit Court Aplbro',/ed as to form leg'al sufficiency Assistant County Attorney OARD os co :,TY BY: Barbara B. Berry Cha i rrna n PREPARED BY: CLERK OF Ti{E CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-304.t *** 2408959 OR: 2492 PG: 0856 *** ~ECORDiD in OFFICIAL ~KOED$ o[ COLLIi~ CO,NH, FL ~C F~ ~,00 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER FOR CLERK'S USE ONLY KNOW Al,l, MEN BY TIIESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owner aud holder of a certain lien against: LOUISSAINT, PIERRE YVES CASE ~UI.IBER: 9709292MMA DOB: 10/15/52 for services of the Public Defender, bearing the date of the 29TH day of JANUARY, 1998, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of under' Final Juc]geme:~t az~d Order recorded in Official Record book 2392, pa.ge 1293. The Board of County Commissioners of Collier County hereby acknowl'ddges full payme~t and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed in its name by .its Chairman. Executed this ,,X~ day of _~~ , 1998. ATTEST: £1e'rk of Circuit Court ~'~ t' · Approved as to form legal sufficiency As s'~ s t~a n~ ' C~o u~n t~n e y BOARD OF COUNTY COMMISSIONERS C 0 L/J.)E R COUNTY BY: Barbara B. Berry Chairman PREPARED BY: CLERK OF TI{E CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 *** 2408960 OR: 2492 PG: 0857 R)CORD:~D !n O,~FI¢IAI, R~[O~.['S cf ¢OLLI.L:, ¢OC'.NT¥, FL 1Z/16/gB ac OI:Oi~M DW'iOH~ 5, 2ROCK, 1 6G I . SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER FOR CLERK'S USE ONLY KNOW ALL MEN BY TIIESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against: LUGO, MANUEL - AKA RABOEL, MANUEL LUGO CASE NUMBER: 9705.t79HMA DOB: 11/18/68 for services of the Public Defender, bearing the date of the 5TH day of MARCH, 1998, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ***************************** under Final Judgement and Order recorded in Official Record book 2401, page 0127. The Board of County Commissioners of Collier County hereby acknowl'~ges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and ilereby directs ~hat the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby direcLs that this Satisfaction of Lie:] be executed in its name by its Chairman. E:,:e a':.: % e d ATTEST .clay of _O..~_ ..in~ C. terk of. Circuit Court 'Approved as to form legal sufficiency Assistant County Attorney , 1998 . BOARD OF COUNTY COMMISSIONERS CO[fD~ER COUNTY/~ FL~'~)[DA , BY: Barbara B. Berry Chairman PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 *** 2408961 OR: 2492 PG: 0858 *** SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER FOR CI,ERK'S tl¢'~' ,~,'. KNOW Al,L, HEN BY THESE PRESENTS [}lac COLLIER COUNTY, FLORIDA, i%s BOARD OF COHHISSIONERS, is t~te owner and holder of a cc~t,~i~: against: LUGO, FIt~'UEI, AF~A RABGEL, MANUEL I,UGO :f /,:,.'..F.::::, :DDt:, :'ec.?rdr::i it: <:,:::::,,re ::,f t.t~e Cler'k :.:[ t.::c' Circuiu Cc.',;:t: <_.f 'f_'ci!:er' '2'0:::::),, Florida, secu:'ing t. he principal sum o[ **~*FORT'f***********DOLLARS, '_;'~'~,"':' ::'!::al Jud,::ome::t: ai~,:.t .'::-,.Jo:' .t'cc;,'.::d,:,'.t :-, O[[iciaI R,:cor<t book ,:.t01 ::aa.. 0126. as canceled, and hereb,:' :iirects :ha: she Clerk of said Circui: Sou:': can~,. :h~s ~:.en of reccud. ::~ :'; :':':,'ESS '.'; : : ;Z .:: E C, F, The Cou:tLv, Florida, t:er'eby di:'ecc,s Et:at: ti:is Satisfactic:t of [,ion bc ':&-:-:eCtlLCCl irt ~ ts .,am_ , ........ ::'.', .... :::.,ti t:!:i$ d,~v ,.~.~. _ ........... :998. :.elf: o[ C::'cuiL CourL . ~ ; App:'o'.',:.:i as tn© [©tm legal .<:': [ f i ~ [ e::c'/ Assi Eant County Attorney 2408962 OR: 2492 PG: 0859 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER FOP, it~: N?2..F:] C~-' C'~O:.i~.I!SSIObJt<NS, ::; the c',,,uie~' a~td holder of a cc, flaunt lie~: aga ~;;st : LUX, TIMOTMY RICHARD '~ [.)OB: !l/O;/'ql 980.t 9 ,: .t ' I" l,', :;f J:","' ' ~-'~ '-~',-'~"~i~'~ ::: ()f :-:c,9 :::,f the Clerk cf the c2]z'cuit (i',';,.::-L cf r--.'-....,. ~'c',.::,t.',', Nlo:',cfa ~:"~ .... :"::,{ '~',-, s,'i::"i:~al sum of .... ~e:-,i o Cok~!:[:}' Co[:~,ruissio::~',:s of Coi lieu Cot~rtty hezreby ftc!~.t~a",':v;~tz. ~ artci sat~sfactior~~ of said lie::, }l(:re[.)}, sur~'e:tdet's the same as ca:tceled, and hereby directs that 'a~.e Clerk of said Circuit cancel this lien of record. ATT!i]ST: _, 1998 . 2408963 OR: 2492 PG: 0860 ~ IX ........... v SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER FOR Ci,[::RK'S USE CASE 980'7120MMA DOB: i 2/20/65 * * **T:,'iR:';TY- F [VK* * * * * * ** * * *~O[,I,AF..q , ':::tier :"[:::~l Ju,2::emo:tt, ,::::<i Crde:' :'ec,>:'ded ii: O££icfal P,e(:o:'(i b,::,::,: page 330 ] . [ul: p,:iy:ue:it, nru] satisfn~:t_in:~ c)[ saicJ i i~.::, !~c::~c,[)}, :;u~'rc.~:(i,,::: as ca:tee!eft, and hereby d:recus t:tat the Clerk of said Circuit cancel this i~,' of record. A T':' :,:: S T: App ro,;ed as form legal suffic:ie:tc',' COUN'I"f COI,IMISSIOt;EPS COUNTY, ~I,O R,L.I;A PR[CPARED BY: C[,ERK OF TIlE CIRCUIT COURT P.O. l~OX ,tl }0,t,i NA;.:I,h:S, [.'[,OFiiDA 3,t101 - 2408964 OR: 2492 PG: 0861 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER izs BOARD OF C'CMhlISSiONER~, is tJlo cw~ier and tlolder o[ ,] cc:-t, ain lien HAY, KF: ['i'~{ ROBERT .............. e P,.~ ] ~c' ,,c, fcitdcv, L'oa:-i:W t.l:o date c[ SF:?'i'NF',L~.;.:R, 199~, L'eco:'ded ::~ o£fi:',_, ,:,f t~e Clerk o[' zt:e Ci:'cu~t: tour: of Collier County, Fioutda, securing r_he principal st~:n · ' ,,,". ,.--. 1 .,. 2 08965 ORi 2 92 0862 CtSHIJR SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER FOR CI,ERK'.q U.qt::i KN©:,'i .,h!,? ?-1i'7!~ }~: F}li:if5~7 F'F.K.';E:iT:~ t',,.,t: (7Or t:'~.~ COLh'IT\', Ft. CRII)A ,.' ' ..,, ils BOAi<D OF CCN>iiSS '~ .... ' ' " ,. '"' aua i us'c: N:!Yi~EREY, !>, .r '- K':' .",i.?,~: ?,K?, r,!;Cfi%F. RP.':', }e f~'?[':' :z:.':.'t';:'.,;::.':: : 9'.;8 '.'PC,'~l'.']OCi 1:1 ©f( {,--,,, <:,'_ ,. ;,,r, .,':0-,--;- ,.-,F [!lO :171 : Col; :er Cc',:nL7, Flcr.':da, sec'.::'i::cj ti:,: .:,:'ir.c: pal sum c.~ ****mWV~Tf' -FIVE***********DOLf.ARc,. ':':" ; ' " .... ':"' :~""4 :;dtl 'E-'.~ alT?!. ICtll , i :; '' '; ; '''" ;':'''';"' :;ii,":{::l,li:'l,~' ' "" as cei:tceleci, and hereby directs ZitaZ zhe Clerk of said Circuit ca:;ce~ ~!~is iieIi o[ record. !:.: ;.;i'i'N::]:~S WiiEREOF, '['i~e Boa,~"d of k?<",;:;t'.' ,.'::;:t;:~is;s;lo:tC:'S O[ Coil lC:' O3UIiL'.', Florida, hereby ciirec:::; 'iu~:: t:il:s Satisfaction of I,ie~ b< ,., _ ......... ~ la'.' ~' Clerk ¢)f Circ~iit Court [ih': Bn['bat'a B. P}{[':i'Ah'l::D BY: C'I,[~:RK 0[" Tt{E CIRCUIT COURT P.O, }~OX ,t130't,t NAPI.ES, FLORIDA 3-t10L-30.t,t *** 2408966 OR: 2492 PG: 0863 12116133 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER F()R C[,RRK'~; tISF. ON[,Y · , ........... { COl iN'FY, F_NON Al,~ HEN N':' T!~ES!.: t'R!i]SEI,]T:~ t}!.~'c .... r T:.'~ t its BOA}<D OF COHH.[SSLONI'iF'.S, tS t.}te ov.'~ur and }toldero[ agains[: HCDONEi,I,, '"~"~, .. .... Ai<A MCDONE[,I, 'T'C,,, L' '; '.~ ! 5 r. N[.',A [')() !~:O 2 / 1 6/' 5 9 · f ' ;: ',',:~ t,.,",t'ir"i : ........ " r,' ' ~t'.' Cl'?r'~' el( t}te Circuz',: C'ou~.._ 'lol! :er <;o'd::ty, Fi.s:'.,:]~, secu:-:::~ ti~,? principal sum of **'*TWENTY-FIVE***********DOLLARS, JudE]emelit_ ,uitd O,,'(t<:r rocordc, d i:t O[[[cial Rc, c:or~! book 2.tt6, C;C:U~it'.}' '_C',~:':;~'~',~;~;i ':i,,rs <7~ :~ >i [ i('l (3 LiIlL'/ i!{~I'('?}y and her,,inv ~tirc,-'t s~ tt~:nt: t:~':<, rT;le~x of said Cirr:t~it Court: exectized iii its name by ils C~lairma:i. E::c-':",'tc:': t:~!is cia', ; .............. , 1998. ATT :X S T: (/lei'i,: o ...... uit Court ..} NY: lh:trbara f3. Ber'ry PREPARED BY: CI,RRK OF '['tIF: CIRCUIT COURT !:.O. t~()X NAPLES, FLORIDA 3't101-30't't 2408967 OR: 2492 PG: 0864 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER NI,iOW Ai,.I., HEN g':' Ti{ESE FR[.'.$ENTS t. itat ,..Ct .... IEit its BOARD 0:/ COMMISSIONERS, is Lbo owner agai::s~ : MILLER, CHRIS MATTi{EW CAS.:£ fi~J[':i:,!':R: Collie:' Courtly, Fl. orida, securing t~lo pui~tci, pal sum of under Fi:~al Judgement and ():'der r'eco:'ded in Official Record page 2~79. The Board of CotinLy Commtss:o~:ers o[ Col[te~' Courtly ~(,z'c~)y full payment and satisfacZion of said lien, hereby surrenders the same as ca~tceied, and t~ereby ~firect:s tt~az [:~e Clerk of said CircuiL Court: cancel this lien of record. ii: .... ;.~ :'I'[J:C::-:.-'; ;.i!{:..~,,r,,.):.'-"~ , !'~;c. }!.c:. ~ t'~i ,?f ,.:;:7,,.l:~t' v ('©mrn~ ,~:'-: icn':.'r.~;. ¢)f e:.:ecur_ed [r~. :.t:s name it),,,, :CS Chairma:t. [.::.:,:.c,.,,:.,'; ,'.,,:.q ~ ............. ri,,}' :>[ (~,¢¢~ ................ i:)98. ATT i:: S'i': Appr'ov'-:d as %0 form legal Assls[an[ CourtLy ALtorney ?.et.~: SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEPENDER FOR ,,.~.~x,.', 5 USE O?Jl/f ,~ -,r'% .... " ' FLORIDA KNOW Al.i. HEN BY '[}{ESw :'k.:. ENTS thau k~_,t.,,ER COUNTY, i~s BOARD OF COMMISSIONERS, is the c'...'ner anci holder o[ a cert. a~; against: MIRELES, HECTOR BAEZA CASE ?;'7.'.i~.ER: "3 "~1/2';/73 980,1660r,lhtA L,O~ : ~ lot s( :"'cc:: o,r' tthe i;t:blic '.,~fl,.,:u:ier, Pea: ~ng :;}~e date of t;t:e 5'i'ii d,ty of SEF"H>tBER, 1998, recorded .i~ office of the Clerk of thc Cit'c't~z Court ~:~ Collier Cou~:cy, Florida, secu~ri~g tl:e pri~tc.ipa[ sum c,~l ****TWE:]TY- FI VE***********DOLLARS , · ' . .... :.Cl3_..h-- ti a:::! (}ud(:r r<.cot'<l:,z(~ itt (-~f} i ia i Rocoz'd , page 1:234 . T::e Bc. aud of Coun:y Commissioners of Collier Co:.::cy hereby ack::ov.'t,c:dges c,.~: ,.:,....-,~.,t- a:td sat: [sfac.' io:t Of sa to! [ ie:t, ~:oYeby surrenders 21t:' san~e as canceled, and hereb'/ di:-ecss ti~au she Clerk cf said CircuLu cancel zhis lien of record. t~ ..... ~ ,i r,cts ti:aL ,iris Satisfactio:~ o[ County, Flo:-ida, r~,-~h,. ~t t':.:oC :t ,.ri itt it f; I:,:tq:c, ,,. Z:.tect:~ . i :.':its ATTE.q_ '1': CLerk o[ C~.rcuit .Cout't AooL'o',":~d t-<; to lorn legal st:f[iciency , 1998. BOARD OF COUNTY COM?.IISSIONEF. S CO!,I,[ER COUNTY, FI,ORiDA Cha i PREPARED BY: Ci,ERK OF TIlE CIRCUIT COURT P.O. BOX 't130't't NAPLES, FLORIDA 3.t101'30't't SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER FOR CLERK'___S USE ONL, Y · .., . ....... ..t~,S t t ......... ~ COUNTY, , ~ }OqO~'; ?'. t I,IL'i?'I BY 'I'}tESE ~:>u'cr',~m ha RR FI;ORIDA thtOtUlh agains'- : NONAGHAN, DAN!EL CA.'-]!.i :: 'XBE!.L: 05/20/60 · ~nd~" '~:.ear~nq t:'q," dato of the 7TI{ day for ~ ,~ t",, ~ c: (" :; ,o[ thc' t"ubliq [2,~:~v ..... - _ ' - - ,.)~ rcco,'clc,-J l~ C:~ l.t",' Ct~ ttl~2 Clerk of Lhe Circuit Court o[ Co~]ie:' CounCy, F~orida, securing ~he principal sum o[ ****'~;"~'~ ' - ! ' ~ ~ .... TE .~ co,<, .d in ' unde~- [.'ina! J:tdgerue:~'- and Oz'der ]'e ' "~''~ Oil icial Rec:ord .~oom 2,1,11 Dace :: i 70 . 't'i~e E:.rd of Count'/ Cov,',mis~ Loners cf Co!i~er Co~t}' t~ereb7 ackno'.,,'l'd~ges full :~':,mc~:t and satisfaction of said l le~, }tereby' st~r-rendc'rs title same as ca~:reled, and hereb':' ciirects that trite Clerk of said Circuit Court cancel :his lien of record. IN WITNESS Countl.', Florida, hereb'/ 4i:-e,:rt:s ti}tnt: ti}ils Satisfact:io[~ of [,io~1 be execuLed in its name b'/ [ts Chairman. E:.:o,::,;' "q ' ' .... l 5~ C~ ,',' O[ ~ , !998. A~II:,S:: Clerk .3ff Circuit Court Assis~an~ County A~orney PREPARED BY: CI,ERK OF THE CIRCUIT COURT P.O. BO:( 't130't'1 NAPLES, FLORIDA 3,t10~-30't't *** 2408970 OR: 2492 PG: 0867 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER FOR CI,ERK' .q K2,iO;'i ;..!_,'.. HEN BY TliFU;i'] !'F,I.;SE:~'TS that CO[,I,IER COUNTY, FI.,OttIDA, ~o,,;rq:c~'~r~' 'P" he and t~older of a certai~ lie', its BCAR:] OF ~ ..,.,. ......... v is t o',,'::~,'~ ,, against: CAEN ::"NNKR: of 5~'::':'".,:::.':~ ~09;~ z-eco",:,,,-I in office of the Clerk of Court of Collie-._- Ccunhy, Florida, securing Lite principal sum of ',:!kier F':::al Jt:dc~,,')::>.::L a:::'i ,",:'dc:' roco:'d,h'! il: Offer'iai Reco:-d book 2.t6~, page 1503. '";,c, :~.-'i.. .~. ~._. .... l : ' .->ru'ni s:¢i .... c,r~ c5 C ~l ~ ieF ('Otl:ttty }lql'(?b'/ ,'tc'rt:t:]'..,', .t, . as ca::celed, and i;,:rti;y ti:reels t]~at the Clerk oi said Circuit Court cancel this lien of record. Cler.k of Circuit Court ~ 1~ I..-, .-., ...... Assistant County Att~orney PRi:lt'AF, HD BY: CI,RRK OF TIlE CIRCUIT COURT P.O. BOX ,t130't't NAPI,ES, FhORiDA 3,t101- 304,1 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER 2408971 OR' 2492 PG'. 0868 ?SCQ?,Zs? ',n OL;~C!.~L :i[2.;i.~ ci CC'..[[5~ 2CU.~'f, ,;'.. ;'"'-';:, ........ ,' :'..";'~,. t;,':~: ]. ~,-'L,~!:. patio i.ld,'3. full as canceled, aitd }:crek, y directs t:ha' the Clerk of said Circuit Court cancel rh:s !left of record. *** 2408972 OR: 2492 PG' 0869 *** SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER }:'0}{ CI,}::}~K'S IJS}': agains[: OSTEEi~J, }{lC}lARD }tIL/EON ** * *T;'IEDJ'F'{ - F f VE** ** '" ******DO[,I,ARS, as ca~:cc~ied artd [~,i'eby alit'eeLs that [:i~e cia:i-h: of said Q'll.'CLIi[ cancel chis !ie~t of record. ATTEST: C;[,[.:i4K O[.' '['Iii.: C:It~(?LlI'I' i~.(), tsO;,[ ,t 130,t.t r4A[~l,t.:.q, }.'[,(')}~iDA 3,t101-30,t4 2408973 OR: 2492 PG: 0870 ~C~R~? :n O?[[C[~[..~;C~;~.,,~. :! ~:LL~?' ,~.,"~'"";.. SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER Court of Collie,: Count}', Florida, secu:-i::g the pr-incipal sum of ****FORTY* ****** *** *DOI,I,AI?S , 2408974 OR: 2492 PG: 0871 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER Collier Coui~cy, Flo:'ida, securing the pr[Hclpal sum of *TWENTY- FI VE'** *** *****DOI,I,ARS, PRE PAR}:/[) 13Y: OF TilP': C.[RC[JIT BOX ,t 130,t.1 NAPIA..iS, FI,ORI[)A ].tlOl - 2408975 OR: 2492 PG: 0872 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER FOR C.[,FiRK' S USE ONI,Y F. NOV; Al,L, r.lE~I BY TiIES[.~ PP.f'~SENTS that:. COI,I,!!(R COIR'JTY, F'L,CP, IDA, tl~vo, tl.z:it ~..I, u. ~S , L~',e ' agains~: RUBIN, ERIC PAUL 97:.0 ).i 1 '?blNA 1;OB: nq,t:]8t'7,~ --;,Z F[.:i~,!tr_:,,',.i~':', iu'9!~, ~.'eco:";ied :~, or'J::::,?, c.:; t;i~e t'leL'i-t oE t. ho C1:'cu:.t of Coli~e~' CourtLy, Flouida, securing ~)~e p~'incipal sum of **** FORTY** * * *** **** DOI,[,ARS, under Fir,,al j:id,':jem,a,r;t at~d C, rdo:- rec'o:'de~t ii10[£icia] Record book :,'.392, [:age 12L5. ':'!it' h;'h~l' i .r . ........ ..... ~ ... '. rr[l~i::::i,~'..':'.q, '~, '17 ~,I ~ ~,:-. 'h,::l/', ',,' )lor<'t:',', .I,'~tr~r)','.'~''(''~'I''<. ii:; Cji:' ','~ ,.'i ,ll~i :>.'~:i?.' i' ~,' ";: ' ~l:it "".' ~'~C'F:< .":[ ~;,<lid (~i l'r".:'. r- ("'C:t:I 1' 2408976 OR: 2492 PG: 0873 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER FOR CI,ERK'S Il.CE ONl,'r' its BOAR[; OF' CCNFIiSSiONERS, is Lite owner and ttolder of a certa;n lien against: SALTERS, MARIE ANN 9803-111FIFIA I)OB: 05/21/53 for services of the Public Defe~tde:', bearittg Lite daze cf the 20'1i{ day of JUl,Y, 1998, recorded in office of t.!te Clerk of the Circuit Collie:- C,:~unu'/, F!o,:i~la, sec,~:i::g Lhe pri~'~cipaL sum of page 3156. The Board of Co,.:nty Commissionez*s of Collier Count:y tter,?.by acknowlc, dges full pa,.,'me~t and sahisfactzio.,t of :said lie::, hereby surrendev.~ Lite sanx, ag canceled, and hereby directs ~b.a[ the Clerk of said Circuit Court cancel ~i~is lien of record. T..': .... t';!'i't:EL;S ;';HE;~FOF, Tb.e Bo~::d of Cot:ri,' v Conuuis~io~;ers of Collier.' Counuv Florida }:et'ob" direct:~ ~hat this Satisfaction ~f Lien be o:.:ecuttod irt [t:r~ nnm,:, b'?' ifs C~:ni Apprc'.',:'d a:.~ re form legal s:~ff:,:ier~cy BY: Barb,uYa !3. Be:','".,' ,'}:,~ i .[>R['.'PARED flY: CI.,E:RK OF THF, CIRCUi'!' COU!{'[' P.O. BOX 't130'1't NAPI,}':S, F[.,ORIDA 3't101-30.14 2408977 OR: 2492 PG: 0874 ~KODD tn O~ICIAL ~[C~$ *; ..... SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER I"OR ('I,ERK S USE ONI,Y IQiOW Al;:. ?.liE:: i~':' '!'!{F. Si.: !'!:KS!.i.~FF.q '.i}:att ¢'OI,I,tRR COUN'I"f, FI,ORIDA t:ttrcuah aga/ns:: SANC~[EZ DES,~T[AGO, BENITO CASE ~::;:,:1%[.:!{: 980186[]hlblA [)OB: 03/I9/66 for '3,?:".' : (::'s :.)f: t.}~,.:' !"'~:bl ic :)e! o,:dt: :', :':r:.~: ..... · ' " '~ i3,',a .. t ii~: c{,lt.e of tho ' ':':':: da',' of MAY, !998, recorded in office of Col: .... i~" :7oun,'v~., Flor'ida, secu,-ina, . * * * * FORT':'* * * * * * * * * * * DOI,I,A R.c; , under ["itial ,Judgement ar'mi el'de:- reco:'d:.,d irt Official Record page 1 7 3 i. full payment and sazisfaction of saici lie::, hereby surrertdeus as canceled, and hereby direczs that :he Clerk of said Circui: Cour: cancel ~i%i.s lien of record. e.'.tect:teci :z: i '.is; i'laIllt' by ils CJ~di rman. ~TT~o:: Clef-k :::,f c', rcui .... '~t 'Approved as to fo~.'m legal sufficiency Assist-, y ..~ :',~. Courlt Attorney , 1998 . qOA2') OF COUNTY ,.wI,i,~k:R COUNT',' C/ha i rman PP. EPARN[} N.Y: C[,ERK OF THE CIRCtJIT COURT i->.0. BOX ,It30,t.1 NAPLES, FLORIDA 34101-30,I.1 2408978 0R' 2492 ?G: 0875 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER ils kO~..:..~ ..... ~' .... O;: r'r'""[SSl(.5[]i:]~S~.,~ .......... is ,-~,,', O'.,,'zk~F and i/oido~.' o[ a ',,rtLai[~. l,er~, aga~,,',st: SULSER, AUGUSTINO GARZA 12/] 8/59 [Or se""'!":es o[ the p~h~ .,-; [),-l[,-,[lr.[(;,' ; r, _ ........ ).ar'inq t:~le date of SEPTE[.'.i/ER, !998, rec:or~!(~ ir'. cliff(re of the Clerk of tl~e Circuit Court off Collier County, Florida, securing the principal sum of * ** *TWENTY- FIVE* * * ** * * * * **DOLhARS , under Fi:tal Judgement and Order recorded in Of[iciai Record book 2461, page 1,19! . T}:e Board of County Commissioners of Collier County hereby ack:~owl~:.fdges full payment and satisfaction o[ said lien, hereby surrenders the same a~ canceled, and hereby direct~ that the Clerk of said Circuit Court cancel this lien of record. ATT Fi S T: f,{.:.,. ;,pp:-oved ~-,~ ::o form legal suL[kc~e~tcy AS~i~EarIU~LII~Ey Ali~ot'ne}' PREPAREI) BY: CLERK O[:' TIlE CIRC.'U[T COUP.",' P.O. BOX 'i130't'; NAPi,E~ , F LOI;~. I I)A 2408979 OR: 2492 PG: 0876 ReLn: SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER I.'©R CI,ERK'S tJ.qi'~ KNO;'; ?.,!.:. NE:: B':' THF. S[.: PEE.c:K~:':'F :!:at CC!,I,!ER CO~I'.:T':', FI,ORIDA, t:!tt',:')'~;,:}: :t:$ L:.r_ .:,. !: :.) 'L)F' C"3:.!i.llSSlONi::!t.<, ::: 't!:c (:'.,.':~._'r ,:~:~.d hol,~.,~' o[ ~ ~:cytatl~ ii,, agaip, s~: ~,':OJCIECHC;':SK!, THCHAS ,JR Co!!:e': CouI~U7, Florida, securzng the principal sum of * * * * T:':ENTY - FIVE* * * * * * * * * * * Dor,LARS, .... ',~,- ........ ~ :. ,ucc cci : Of fie~,ql Record book 2.1:5~-' ~age 3i:59. : ~: ;',':. ':'::5:::5S ',','ii!::E.r':',2:v, '['!'.'5~ ?>.~ '~i "" Cou:~ v . Cc'.:nz)', Florida, hcrebv ciiL'ect:s ~hat :}tis Satlsfac:t:on of Lion r'i,t.:P.K ~:i.' l'}tI': i-'.O, i~'13:': .i i 30,1-i NAPLES, FI,ORII)A 98(16114NINl/k 9806787NIN1A.96{)4545NINIA. gS0324()NINIA. 9805512Nl,N1A. 981)7049MM.,\. 9804119M%.IA 981)5661 M Xt,,\ 981)3547,%INIA 9805187NIN1A c)6099871',,I \IA 9,XII5438NI:XlA 971)t)292Xl%I..\ 971()654%INIA 980259-1NI,'XlA 971()35,1~X1..\. 9804230N1~1,.\, tt7092 9XI)5704MNIA. 9801234NINI..\. 9804317N1NI,,\. 9805198N1N1A 9805513N1%1,,\ q70S47RNINI..\ t171)5-17951%1..\ 9,'ql)l)4 ] 7%1N1,,\. t),'q()23 I 2,NI,,",.1A 9~1)4924MN1:\ 9800592 IN[ tN l,,\ 98()3411 ~X,l,\ I,.\. 9801865N1.\I.,\ ,IISCI-:I.I.ANI':()UF, I'I'F. M5 '1'()t"11.[:. F()R RI':C()I{I) WI'I'll ..\("I'I()N AS I)IRI.:(."I 1!l)- ('icrk ,It'(.' luffs: .q, ubl]~iltcd I'~)r I',tlblic rcc,)rd, pursu;mt tt) l"]l)riti/l .N.'I;iI[iIc:.:,. ('haptcr ..\ ,%~vcn~l~cr 23 - 27. ~%linutcs: I(mcrgcncy hlcdical %ct,. ices .,\dx'islet', (.'ouncil i~inutcs ol'%ct~tctnbcr '~ . I'~uX meeting a,'~d agenda of( )ch)bet ~8. 1998 f lislorical aim ,,\rchac~logic;ll DEC 15 1998 pg. / 1 6{;,; 111elllOl~lldLllll To~ From: RE: lJlk' IL'L'IJJ~J X iltlr CIII)FICI ~1 [li{l] MANUAL ?,/ARRAf'i T L_O(~ DATE ~ 23 08 NAME I'h~ll.]li(;l<N(;V MEi)i(~A,I, SI",I,D,,'ICES AI)VIS¢)IIY COIINCil, CEMS..\C) ('ouncil Members Present Bob l.aird Sheldon':Reed llrctl O(Jcngren Paul Gunther Mohr IN !"0 IUq A 1. M IN UTES Septeml~er 30, 1998 3301 I';A ST TA ,'s I IA ~ I i TRA I i, Absent or excused Mike Davis Fay Biles Gall l)ohm I)ianc B. l:lauu. ('hicl' Jcl1' Page John Yonkosky The regular monlhly meeting of the Collier County EMSAC Council was called lo order al 2;00 ~M. on Wednesday. geplember 30. 109g by Chairman. Bob I,aird. l)uc to a lack t~l'a qllortllll I10 tfll~cial meeting was held, a hricl'discussiml tbllowcd. Ncxl meeting will hc hckt on thc k~sl Wcchlcsday tfl'Oclobcr. 10/28/{)8. 16G t,'lisc. C0rres: Date: Item~ Copies To: 1 66 2 EM i':R(;ENCY *1 EI)i(:A 1, SERVICES A I)VISOIUV C()IINC! I, (E~ISA(:) A(; EN I)A ()clobcr 28, 1998 2:00 I).M. Ilealth Buihling 3r'' floor 3301 East Tami:~mi T,'ail ( i:\ ! ,I, '1'() () R l) I': R AI'I'I,I()\"AI, ()F 511Nlq'ES ()1,1) III~SIN'ESS NEW BIISINESS 1%1 INU'I'I.;S COI.I.II~R (;OUNT'Y HISTOP. ICAI. & AI{CHAI£OI.~()(;ICAL ~ IH'HgSI£RVATION I],OAP, D ~oerl ~ ~ a'Xlee(i,,g of Oc(oher 16, 1998 At(endance: l)~esen(: Alexander Du~ek Jeanne Quinn Thon,a.~ l;ranchino Bill 'Fy,on John Thompaon, gice-Chairmnn Constantine ~c'Kt~ S~aff: Ray Bellows Nancy'. ~jq~r~s: Date: Ahsen(: Lot,, Jea. ¥o,,ng, CA,airman I);,,,.. (;onzah-z O(l~ers: ltemtt Copies To: Tho I),-~se,-,-a,ion Bo~r,l ,,,,','ti.r. ,.-^,~ c.,Ih.,l ~,, ,,,',h.,. a~ 9:00.4,3'I. ']'h,- I)reser,-ation I½o.,.I ,'o(e,I ,,,,nr, in,ou.~ly {5 to 0Y to nl,pr,)ve (ho S.pl,,.d,~ 18, 1998 mi.utes sul,i,,,'( t,, the f,,Ih,,vi.g ,',,,',',','(i,)n: L;,,,h,,- I)is,:.ssi,,,, ,,f A,hh.,~,la tit,.,, B) ,h.h,(,. I>LANNIN(; ,";I';R'~ZI(;ES I)I£IL4, I{'I'31E1N-I' I~I~,I~O1{'i,: A. Ray Bello,,.,~ passe,I o,,~ copie.~ ,,f ti,.' I)~,(a SI, eel., n,,,l ~l,e Si{e In,-,.nto~. Sheets ti,n{ ,h. fi,,e ti,,, sit,, (YI,,' an,t I, rOvi,h,s ti.. nn,n,.s of all (he listed si(es o,, the I,rohal, ility mai,s. This ,lnta ,.~,, h,. ,,~,'d t,, d...,',.i,., d.. si~,,ifi,..,,,,,, of n site and provides information ()I~I) A. Nel, rling', 'l'r,,i,i,-M (;ar,h,,,i Joh,, ']'l,o,,,ps,,,~ ha,,,h.d out a prixl{ed ;. ti,,..&,,~,,s~ 29'" ,',liGo,, of ~h,. N,.,,.,-I)..., co,,,:,,r,~i,,~ *I,0 ha.l,.,,. Th,. a~icle ~a/e,l ~l,a~ .Jan .&l,e,',,n~h;,. ~,',~',',I n~ th~ ~,,,,,,,Isk,'el,or nt (]a,-il,l,,.,,,~ (;nr, len~ ;,, 1958 (~onz^lez ~n ,,,'tl~'r t,, I,etter co,,r~l~n^te tl~e ntt,.mpt to c'ont.~c( tl~e property oht.in a ,.ol,y ,,[ ] )nvi,[ ])ri.l,.~a's r('port on N~J,rli.~'. Roi,er(, l~.^,,,,h~ R^:. B,.lh,,,., ,,^.,.,,.,1 ,,,,t ^ ,:,,m' ,,f -,, article fr,,m the N.pl,,, l)aily ~',.,,.s ,[es,',.il, in~ ~1,,, n.,,(.(i,.,, -pl,,~,,'.l {,y (~ollier C~ountv l~,,.r,[ of (~ounty I),','elopm,.,,( C,,,h. r,.q,,i,.,.s ti,at lin. i,,~,l,erty ,,wm.r ol,tain a Certificate ()f I,resen'e or :-,.,h.,-,.h,p :lxis h,,.nl historic ,lie as n workin~ museum. (;. Pr,,.,.r~.(i,,. B,,^r,I W,,I,~: J,,h. Tho,,u,~,,,, i,,di~..(c,i d,.t 1,...ill ,:o.~.~ Bol, I)e,-lln next ,,'m,k t,, ,~,,t up a ,,','1, ~;t,,. H,, ~ls,, ,llscusse, l ]mw t],~ .~i(e, ~r,. ~en,'rally NEW B U,'5 INI~,B,q: I ) I ,"; C U S,"; I ( ).'N' ()F M IiM()P, ANI) tJM FROM: [).'VI'E: Suc Filson, Administralix'c Assistant Board of County Cc}pmfissioncrs Michael Dowling '~ Real Property Special Real Property Managcmcnt I)cpartmcnt January 4. 1999 Execution ol'a l,casc .'\gI'CClllClll Alan and Patricia I{oolc - Shcrifl's Oflic¢ Item 16 [I I. Dcccmhcr 15. 199S [:or execution by thc Chairman (BAI~,BAI>,A BERRY) o£ thc Board of County Commissioners. please fhld ;lttachcd a l.casc AgrcclllCllt hclwccll Collier ('ounly ;.llltJ Alan and I;atricia Boole. Thc Board of Courtly ('onmissioncrs approved lhis 1.case Aurccmcnt on Dcccmhcr lq 1998. i~cm 1611 I. ' " I , ' W ql [ ' ' ' -~1 ,' w m t n ~ c ....... ' ~ I)' h Thank you. ;\ttachmcz~t as stated l.c;Isc ti 'Fills I.Ib\Sli A(H~I!EXlENT cnlcr,.:ti itlto this /'~ day of ~,r'?~,~/,...,./j... 1998. he,ween AI;m ami l';,t,'icia I~o,,Ic ,vhose mailing address if~':/ii-'i.ag~,oi, .,\iTe~c~-~'~i~...~-7 FI,)Hda 541{),q. hcrcill:llicr referred Io ils "I.I!SSOR", ami ('OI.I.IER ('()LINTY, a polilical subdivision of thc Slate of Florida. whose mailing address is 3301 liasl TanlJami Trail. N;.q~Jcs, Florida 34112. hcrcilmflcr i'elbrrcd as "I.I!SSliE". \VI'I'NIiSSI!TII II1 c,msJdcratitm of Iht llltlltlill co~ci1;iIIIs COlll:.lmCd herein, :.lIld odlcr ~ahzablc consideration. Ill,,.' parties agl'CC as Ibllo~s: · .\RTICI,IL I. l)t:miscd Ih'cruises I.liSS()R herclw leases h) I.I:SSIiE and I.ESSEI: hereby leases I?om I.F. SS()R 840 square tbcl ofofliccspacc: 3.3(,0 square Igcl of workshop space: fi)ur {4} dcsignalcd parking spaces Iociflcd in Iht fronl el'Ibc huikting and that area Ibr vehicle parking along tt~e western side of thc huilding located al 3573 Al'llOld Avenue. Naples, Florida, hereinafter rclgrrcd to as thc "l)cmised Ih'cruises." ami I'm-flwr dcpicled nn Exhil~i~ "A" which is atlachcd and made a parl hcrco/~ fbr li~c sole purpose of operating ;I mainlcnancc garage Ihcility Ibr thc Shcril'l's OFfice. ..\ICl'ICl.l! 2. Tc' U I.ILSSI.iI.i shall ha~c ami hold Ibc DClmscd Prenliscs Ibr a Three (3) year term commencing .lilnU;u'v I. lg')9 ;Hid Icrnlinaling on Dcccmbcr 31.2(IO1. I.I!SSEI{ is granlcd thc el>lion, provided il is not in dclhuh of lilly of li~c lei'Ills of this J.casc, lo rcllcw sanlc Ibr ;m ;Idditional Three {3} years, under the Icn;~s and condilions as provided herein, hy giving ~vriucn )loHcc of I.ESgl!E'S hllcnlion Io dO SO lo lilt I.[~SSO[~ )1ol less lhan nJnclv {()o) days i~)'ior- lo Ibc cxp)ralio)l o~' IJlc [CilSCJloJtJ cslalc hcrchv crcalctJ. Said notice period shall COllllllCI1cc llpOll I}[;ICCIllClI[ of thc wriltcn nolice Iii all ()fli~ial depository of Iht J ~llilCtJ gillies Iq)si ()J'J~CC. J{cgJslcrctJ or ('Cl'IJJicd .~JiliJ, J)OSlagC Prepaid. I.I!SSI{I{ may Icrmixlalc lhis I.casc at any lime h5' providing I.ESSOR with one htmdrcd eighty (lgO} d;Ivs prior ~v)'ittcn nt)licc IO I.I!SSOR at Ibc address scl Ibl'lh in Ibis [.case. Said notice shall hccomc cl'l~'ciivu, upo)~ thc dale in which thc ImI'~SSl![( either harold-delivers said HOliCC lO l.liSS()l~ or upon I.l~SSt~lS'S pJitccmcnl o1' said IlOlicc in all oflici',fl dcposJhw? el' thc I 'nilcd Slates l)osl ()flScc. Rcgislcrcd m' ('crtilicd Shill, i~oslagc i~rcpaid. .,\ICI'ICI.[': 3. J'Lcnl and Olhcr ('hargtL,5 Ll!SSlil'~ hereby covcnanls ami agrees lo pay ils base rent Ibr lhe Demised Premises tho StHl~ o1' '['~cnlv-'l'~vo 'l'ht)usimd Twenty Dolhu's aiR( No ('chis (S22,021).(}0) Ibr thc first year of Iht l.casc ICl'Ill 10 bc p;lid in ctltlal IllOllthJv mslallmcnts el'One Thousillld Eight tlundrcd :l'lli~y- Five Dollars ;illtl ()()('ellis (S1.S35.()()). Following thc end of thc first Ihll %'car of tcnilllCX', thc amlu;il rcnlal anlouul Ibr Ibc second vc;u' shall bo 'l'~%rcntv-Two Thotisand 5ix I ltmth'cd iLl,htr DoJkH's lind t)() ('cHIs (522.~S~).00). and Ibr Ibc fl~h'd ,,'car ~l'thc l.casc, thc rcm shall bo Twcnt%7- Three 'l'hotis;md Five I luuth'cd 'l'~cnlv l)ollars and ()() ('chis (523.52) ()()) all Io be paid in ctjtml monlhly inslaJlmcnts. If I.I!S.',;I']IL clccls to i'c,~c~ lilt I.ciise Ibr :ill additional 'l'hrcc (3) years :is provided for above follmving lilt Iii'si Three (3] .Veill'S oJ' Iht I,case term, tile ;Innu;.ll rent shall be increased ill Jill illllOtlllJ lo be IlluluaJJ\' agt'cctJ UpOll. bill IloI ill Jill illllOllllJ lo exceed 'l'hreo {3) pcrccn! lA!SSI!l! sh~dl pm,' :~11 j:milori;[l clcclricily, pest control. ',','mcr. scv,'cr ;md cleptm chiirg,,:s i'~crminint2 I,~ Ibc I)cmiscd Premises. All olh,,.'r c]l:u'gcs rCkllcd Io Ibc opcralion ol' I)cmiscd Premises sh:dl I',c Iht rcslxmSil.,ility c,l'lhc I.t]SSOR. rcnl;tl payments sh;tll I',c duc ~m,.I payable in :.tdv;.mcc Oll thc lirsl d;~v of cvcrv calcr~,.lar thc Icrlll hcrcc, l'. If'Ibc tcrn~s of'this I.c;ts¢ sh;Jll cmm'ncr~,.'c lllultJl.~li,..,d hv thc mlml',cr ol'rcnt;tl davs ol'such l¥;~cti,t'm'dl m,m~lh. i"rJv, r m lll:lkJll~ iI~l.'.,' ~.~lJlcr cJKi11~cs, aJlcr~llJOllS. ;.Id~JJlJolls or JlllprovclllClllS lo lilt [)ClllJSCd Premises. I.I~.%I~E will provide m I.I~%SOR all proposals and plans Ibr ahcralJons. imp'ovcmcm~, chan~c~ or addhions m ~l~c I)cnlJscd Premises fi~r I.I]SS()R'S wrillcn approv;~t. spccil~'ing h~ ~vrJIin~ Ibc ~lalurc and CxlciH of lilt desired a cnuion. Jmprovcmcnl. ch:m~c, or ;Mdili,m. ahmg *vhh Iht ct~lllcllll~l;du, tt Sl;ll'l~ll~ mid cmnplclion dmc li~r such pro cci. I.I~SS~)R m' ~s dcsisncc s~ill lhcl~ h;;xc thmv I3II) days whlfin which Io approve or deny in wrimm said request Ihr ch;tll~U%, illlpl',lvcIllCIll%. ',Il c';lliOll~ ~11' mldilmns. ~;fid m~licc period( sh;dl COIlllllCI1CU upon placcmcnl ol' Iht ~rillcn In,lice ill ;tn ol'lici',d dcpoSilorv ~l' Ibc I hilled SI;tics Posl (}flicc. RcSistcrcd ~r ('cmlicd Xl~iI. P ~l~c Prclxfid. I.KX~()R shall m~l um'c;~s~mahlv wilhhold COllSClll Io rcquh'cd or ;q~proprimc ;IJlCl';tliollS. Hllp 'oVClllClllS cll~lll~c~ or mldilion~ proposed hy I.If~SI]E. If ;lticr sixlv ((pi) days Ihcrc has bccn no response I'nml I.I~X~()R m' its dcsi~ncc Io s;mt prolms:tls or phms. Ihcn such silence slmll bc dccmcd ~ts ;m ;~pprov;~l lo such rcqucSl ol' I.K~SIfE. l.l!.'q.q l! ['i c.tY..',..u~;ulLq ;m,.] ;~r¢,..'s in colmc,.'liOll ".','Jill ;lily Ill;.lillI'211HllC,2, CI'CCTi(II1. CtH1SII'TICIi(;I1, ilII[~I'¢)VCIllUlll. H(Jt]ititUl or ;lllCl';it[Oll o1' ;.lily ;ttllll,.N'i/,..',.[ lllO~.til']cHliOil:-;, ;~ddhi,~ms or m'q'm',',.cmcnls I,.~ Iht ['),,.'mis,..'d I'rcmiscs. I,.~ ,.~bscr,.'¢ and comply lilllll',.' :q~plh:;~hlc hms. ,mi ;moos rliK.'s. I'cst~l;llions. and rctltlir,,.,lllClll .'\lllClUC;.h .~,l;llC tll' I:h,rid:~. (',mmv ,,1'( ',,llicr. ;md ;my ;md all So',.',,.'rlllliclll~l] All :dlcrmhms. i,nprovclncms. ;md additions m said I)cmiscd Ih'cruises installed by I.ESSI!E shall rcm;dh Ibc pml~Crty of I.l{Sgi!l~ and prior to Iht lcrminatiOl~ of this I.casc or any renewal term thcrc~d~ or ~/Ihin thirty (3(0 days thcrcaficr, I.ESSI!E shall promptly remove thc ;~ddilions. improvcnwnls, allcr:flions, fixtures and installations which were placed in, on or upon I)clniscd ~'c nis,.s by I.l!SSl{I!. ami rep:fir ;my dimlagc occ;IsJoncd lo Iht Dcmisctl Premises ..\ICI'I( '[.1( 5. ..\ssi~_l~2m..i~l ;jIx~J~ubI~..ll~ L ESSI!Ii co,.c[xmls ami ;]SI'cos ilOl Io ;ISSigIl this I.casc or to sublet Ibc whole or lilly part ol' lilt [)cJllisctl PI'Cruises. or lo permit HIly olhcl' pcrsolls lO OCCUpy same without thc written conscnl o1' I.I!NS()I{. ..Xm' such ;IssigllmClll ~1' subletting, cvcn xvilh Iht COllSUIII or I.ESSOR. sh:tll Iltll relieve 1.1'~5S1.21~ Ihm~ li;[bility Ibr p;~y[llCnl of rcllt or other StllllS hc['cin provided or I}'olll I]lC ohlig~tli,m Io kccp and bc Immxl by Ibc Icl'ms. comtilions and c{~vclllllltS of II,is I.casc. '[}IU ;ICCC]ll;lllCC t~l' I'CIII f'l'(~lll ;lily Ill]lei' ~ICI'SOII slx[il ntlt Ilo dccmcd It) hc ;I ~Vil[VCl- ill' Hi1v of thc prox ishms of Ibis I c;tsc ~r h~ hc ;~ ctmscnI lo I}/C iISSi~lllllClll ~l' Ihis I.casc or subIcllim, of thc I)cmiscd lh'c ~iscs. Ihmcvcr. I.i~XSI~I~ sh;dl bc pcrmilIcd, wilhoul m~licc lo I.I~SSOR. to ulilixc ~l~c I)cmiscd I'rcmiscs fi~r ;mv olhcr I)cp;~rlmcnl widfin Iht im'isdiclio of ~l~c I.I~SSI~E il' thc l)cmiscd I'rcmiscs sh;dl no longer I~c nccdcd hv Ibc I)cp;u'tmcnl inlcndcd fi~r this [.cnsc. ARTICLI~ 6. Insura~ Thc I.I!SSI!Ii ',~.'ill ',il all times c:,rry comprchcr~sivc gcncr;.,I liabilily ir~sur;.mcc to i['~cludc Ixxlilv injury in :m ;HllOllll[ I1Ot IC.qS th:m Ibc sum oI' One Million Dollars :,mi ()WI0() Cents (q~J.ll/It).()fJlI.flf}) single twcm'['c[~cc. 'Iht t't~sl t~I' ali such premiums tm all StlCJl policies sh:tll bc p;fid ;llld borne bv thc 1.1~S51.~1~ i[~SUl'mg I.ILSX()R ;IIId I.I~SSI~E against lilly Ii:dfility arising Otlt of' Ibc risc. oCCtlpilllCy Ill' Ill;lilltCllilllCC of Iht l)ClllJSCtl [)I'CIlliSCS, i[lcludillg lOSS O~' illCOIllC. 'Fhc instn';mcc policy or policies sh:tll COIII;lill provisions prohilfiting thc modiflcmion or Cal~cclh[tion ~f' insur~lllcc witlnmI ill Ic;ISl lhh'tv { I )) tl;~x's prim' wi'iltciI notice to I.I~SS()R, I.I~SSI~I~ shall deliver said imlicics or CCrlificalcs Ihcrct)l' I. IJ!.SS()R prior lo I,IiS.SliI!'S occup;mcv t)l' Iht l)cmiscd Premises. aim Ihcrcal'Icr. renewal policies or ccrlificalcs shall be delivered ltl IiIiSSOR n.t less lh:m lhh'lv 130) &tvs prh',r h) cxpiratMn. 'Iht limit of'am,' such h'~sur;.mo,: shall m)l limit thc liahililv of I.l(.X~l!I! hcrcumtcr. I.I!SSF. I! may provide this hlsurancc under ;i blarlkct Imlicv Im)Vidcd saki insurance shall have a I.I!S.',;()R'S I',rolcclJvc liability cmh)rscmcrH alI;tcl'~o,I thcrctt~. I.liSSlil! sh:tll, :u ilx sole cc~st and cxpcnsc, kccp Iht l')cmiscd Ih'cruises clean al all limes. Il'said Demised l'rcmiscs arc m~t kepi clc;m iii thc opinion o1' I.ESSOR, I.ESSEIL'S manager will hc so advised in wl'iling. If cm'rcctivc action is not taken wilhin thirty {30) days of receipt o1' st;ch notice, {.I(SSOR will cm~sc Ibc sanlc Io he cleaned and corrected a~M I.I:SSt~E shall assume ami pay ail ,ccc~sarv clc;millg ct)slx and such cosls shall conslilulc additional rent which shall hc paid by I.t~SSI~i~ within Ihirlv (30) days of receipt t)t' wriltcn notice of costs incurred by I.ESSOR. I.I~SSI~I~ shall ohlaHI, al iix expense, a service contract Ibr n;aintcnancc ol'mw hcatin~ ;llld ail' cond/ti.nil~g s)'stcm xxhich services thc I)cmiscd I'rcmiscs alld said collh'act iS IO'COlllilll~l hi Iht w;u'r;mlv rcquircmcnls of said syslcm. All damage or in. jury Io thc Ol'licc Buildinm I)clniscd I'rcmiscs or thc ('OlBiilOll ,'Xrc[ts CilllSCd bv thc act or negligence of [.ESSI{E. il aucms. cmph*)'ccs, licenses, inx'ilccs m' ViSiIoI'S shall bc prolnptly repaired by ].l!SSlil! al ils sole COSl illld cXpCllSC ilild [o Ibc salislhcliOll of I.ESS(JR. I.ESS()R IlllIV I1Hlkc Stlch repairs which arc ;m~ Imm~ptly nladc by I.ESSI~E ;ultl cll;u'gc [.[~SSEI~ fi>r thc cosl II~crcof and I.[~SS[~[~ hereby agrees I,~ pay Stlch ;InloHnls Oll dClil;md ;is ,.Mldilio;~al J{ctll. I.I~SSI~E shall be rcstmnsiblc Ibr Iht ;mm lng ol' thc grass and mainlcmmcc of :my landscaping located in the J'l'OllI oJ' thc Imildin- ;dong .,XrnoId ,& venue. ~ .,\I),'I'ICLI! x. !)clh ~LIt 12,vi cs_~s .x l:ailurc of I.I!SSt!I! lo comply xvilh any proviskm or covenant of this I.casc shall COllSliltllc il dcl}luh, and I.I~SS()R may. itl ils option, lCrlllhlalc this Lease ill~Cl' lhirlv (~) days written notice to [.l{SSl!l!. tmlcss thc dclimh bc curctt wilhin Ibc notice period (hr such addilional time as is rcasouably required Io COITCCI such del}lull). ,.\RTICLI! 9. J.)climh Ib' l,cssor I.I:'SSOR shall in m', cxcnI bc char,.z'cd with dcl}ltlll in Ibc pcrlbrnlancc o1' ally of ils olHigali(ms hcrctmdcr unless ami tlllli/ I.I~S~()R shall have riffled Io per/btm such ol)l~;itions ilhin lhirlv {?)) days (or such addilional lime as is reasonably required Io corrccl such dcfimh) al~cr ;lolicc Io IA{SS(JR by I.I~SSKt~ properly spccil'vinu wherein I.ESSOR Jills Ihilcd Io pcrlbrnl such oh ig:tli~ ,s. ' ~ ..\ RTI('I,I'; It}. Am.' m~licc which I.I!SS()R tlr l.liSSt!l! lll;.ly be required It) give lo Ihe olhcr party shall bc in writing h) lilt OlJlcr Ii;ll-l)' ;11 thc t'olloxx lng ;ltldrcsscs: ' I.F. SSI!F,: Ilo;It'd of('otmlV ('O;)lnlissic)HCl'S c/o Rca] Properly .[[glnl. I)cpl. 33~1 'l'amiami Trail I~asl Adminislralion Building Naples, Florida 34112 I.I!SSOP,: :\lan Boole and I~;m-ici.a Boole 4711 I.agooll Naples, Florida 341 Ol'ficc ol'lhc ('ounlv .'\lhH'llC;' Shcri I'l's I )l'licc...\dmmislral i'.'c ..\sSiSlaiH ,,\I,U'ICI.IL .Su "cndcr Il' l'rclnisc8 l.l!SSl!l! coven;mis and agrees Icl deliver lip and surrender lo I.ESS()R possession of thc Demised Premises uptm expiration of Ihis l.casc, or ils earlier Icrminalion as herein providcd, in as gt~otJ coIltlilioll lind repair ;is thc s;iDlC S]I;III bc ill thc COllllllCllCOlllCIll of lilt ICl'Ill OflJliS [.case of lllily hill'c I1CCll pul by I.I':SN()R or I.ILSSI{E during thc continuance Ihcrcol} ordinary wear and lear aml ditma~zc by 15re or Iht clcmc~Hs cxCCplcd. I.I!SSI:'I! CXl~rcssh. aL'rccs Ibr itscll: iix succcssorant qssi,,Is lo 'ct?'tin "on ' x' usu o'lhc SCl J ClIIIScS sk Ich wot Ilurlu~u XXllJl ol ,IdxulsuJx ,llJuul lilt Ol)cldllOll or IllilIIIICIIHI1CC I.ILSSOR'S SlalRJard opcrilliOtls XVhCl'C other opcrafiOl:S share conltnon Ihcililics. I.I!SSI!t.~ covcnams and agrees nol to risc. occupy, suffer or Iwrmit said l)cmiscd Premises or a~ly part []lcrcof to bc L]scd or occupied fbr lilly pLH'poSC CLIlllI'iIFV IL) JHW or IBc rtlles o1' rcu. HlalJOllS any puhlic mHhoritv. ' ~ ,.\ RTICI .F. 13. t%h3J~_3rP4~)~ fi su~! !.JSS_S!51_:,'S_L',~g_~aEl_Zrg. m~i~s '1'o tl~c cxlcm i~crmillcd hv law. I.liSSF. I-.' shall imlcnmil:v and hold I.ESS()R h:u'mlcss against ;l)ld I~'oH1 Hi1v and all cl;thns arising fi'om I.IENSI~fE'S usc of thc Pr'cruises, or 1'1'o111 lilt conducl of ils btlsillcss, or I~'olll aliV ;~cliVily. or work don,s, permitted m' sttfi~rcd in or abotit thc I)clniscd Premises. or Iht' ()fl]cc Ihmilding. anti I.I'%SI~E shall flu'thor intlcnulil~, and ImM I,ESSOR hal'mnlcss against ami Ii'tUll HI1V aml all claims arising f'l't)lll lilly ddhLmll in t~c pcrlbrlllagcc tq' thc l.casc rcsullin~ l]'oln any act m' ncgligcucc of I.[ESSEIE, ils orficcrs, agents. Cnll31oyccs. guest or invilccs. If any actitm or proceeding is brought against I.ESSf)R lw reason of such clahn. I.I~SSEE. upon re)lice I)'om I.I(%S()R. shall dcl~'nd Ibc S;llllC al I,ENSI~I~'S expense by Cotlnscl rcasonabh, satisl~<torv In [.t~SS(}R. I.t'~NSEI( simlI assume all risk of dalllagc to property or in. jury 1o poi'stillS ill, HI*OH ()r ;Ibolll thc l)cnliscd Premises fi'om rely cause oilier Ih;ill I.ESS(3R'S ncMligcncc (n' xvilllhl IlliSCOIItltlCI ililtJ I.I(5SEI( hereby waives ~ll claims hi I'CSpccl thereof ii) ()r' ab(mi thc {)cruised f'rc[niscs. .,\RTICI.t! 14. R;~dgR ( _> In compliance ~ith .";CCli,m 404.056. Florida .~l;lltllCS. all p;trlics arc hcrchv made aware of thc 'o I lowing' P, adon is a n;lltlrallv (wcurring radioactive gas thal. when it has accunnflatcd i]1 ;i building in suflicient tlUalH/lics' nlay prcscnl health risks Io persons who arc cxposcd Io h over I/rile. I.cvcls of' r'adon that cxcccd I~dc)';l{ and sl;ltc gL:itlclhlcs have been Ibund in {miltlinus in Florida. ,'Mldiliona] h~lbrm;]lion rcgiu'ding r;Mon ami I';Icltlll lCSIinM may bc obhdncd I?om (Uollicr ('OtllllV I'uhlic I lcahh I)clx,mncr)z. /\RTICI.I! 15. I!l'_J~vli~x l) ,Ir This l.casc ,,\grccnlcm shall bcctnnc el'IL'clive t)pon execution by Imlh I.I!SSOR and ..\I,VI'I('I.I~ 16. Li~Yvrnil!~ Ism' This I.casc .,\grccmciH shall bc gt)xcr[tcd ami conslrucd {11 ilccordilllcc with Iht laws of thc SI;IIC of Florida. IN \VI'I'NIiSS WIII!RIi()F. thc parties hcrcto have hcrcurMcr scl Iht'Ih their hands and seals. ,.\S TO Till! I.liSSI!I{: ,,VI'TI!ST: I)\VIGIIT l:'. hll~,O('K. ('lcrk ; . ,. ' -~_~-.~.'..~...~az- . . '/'~ . l )opt)f)' ('~c~'k ItY: ItC/\liD OF COUNTY COMMISSIONIiRS. ('OI,I.I[-~R CO[JNTY, FI.ORID/\ AS TO THE LESSOR: DATED: ~ .2_ ~,-4. ? -c ATTEST: x, VI'~ 'IO BO'I'I I PA WILES: ~/ F / Print Name WITNESS (signature) Print Name / // ALAN BOOLE PATRICIA BOOLE Approved ;ts to lbrm and legal sufficiency: 'f ,r, ,r , , -. - , f ~ :.. :. Heidi F. Ashton Assistan! County Attorney RESOLU'FION NO. 98-4.__9_94__ A RESOI.tITION OF TIlE BOARD OF COUNTY COMMISSIONERS OF ('Ol.l. IIiR (()UN I'~, FLORIDA APPROVING THE ISSUANCE OF AN IND[.iSTRI/\I. REVENUE BOND IN AN AMOUNT NOT TO EXCEED S2.20(LI.,)O BY TIlE COLLIER COUNTY INDUSTRIAL DEVELOPMENT At.;'I'[ tORIT'~' WttI!REAS. on November 30, 1998 a public hearing was held by the Collier County Industrial Development/\uthoritv (tile "Authority") with regard lo thc issuance of Iht ,'\t~thority's Variable Rate h.tdustrial Revenue Bond. Series 1998 (Scacrest School. Inc. Project) in an aggregate principal amount not to exceed $2.200.000 (tile "Bond"); and WI IERE.,\S. Ibc proceeds of'fl~c Bond ,,'.'ill be used by Ibc Authorily lo make a loan Io Scacrcst School. Inc. {thc "School")to finance and refinance acquisilion, construction and cquiplfing of educational fi~cilitics fi*r thc School's private school lhcilitics located al 710o Dav~s Boulevard. Naples. Flor/da and paying thc costs of issuance of thc Bond (all of thc property financed or refinanced with proceeds of thc Bond w/Il be owned and operated by thc School); illld WIII!REAS. tile Bond will not be an obligation ortho CoLInJy. and ,,'.'ill be pavablc from ftmds of thc School; :md - \Vt IERliA.'.;. l:,urstmnl Io thc rcqt,ircmcms o£the Internal Revenue code of' 1986. as amended (thc "Code"). as a prerequisite to thc issuance of thc Bond it is necessary thai thc Board ol'Cotlrllv Commissioners of Collier Cotlrltv approve the issuance thereof after said public hearing; ' ' and WIII~:REAS. file Board of County Commissioners desires to cv/dcncc/ts approval of Ibc issuance of thc Bcmd solely to satisfy Ihe requirements of the Code. NOW, TItEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY THAT: Sect/on I. The Board of C'c..ur~lv Commissioners hercbv approves thc issuance of Iht solely tbr purposes ol'Scclion 147(f') o/'thc Code. Section 2. Tt~c Bond si.tall not constitute a debt. liability or obligation o£Collicr County. its Board of'County Commissioners, officers, agents or employees, or the State o£ Florida or any political subdivision thereoF, but shall be payable solely from the revenues provided therefore. and neither tile fifilb and crcdi~ nor any laxing power of Collier County, or the Slate of Florida or :my political subdivision thereof is pledged to the payment of the principal of, premium, ivan3,. and imcrest on thc Bond. No member of.tim Board of,County Commissioners of Collier Courtly or any ol'liccr, agent, or employee Ihcrcofshall be liable personally on thc Bond bv reason o1' ils Section 3. This approval shall in no ,.','ay be deemed to abrogate any regulations of Collier County. and thc Project contcmplatcd by this Resolution shall be subject It> all stlch rcgul:tlions, including, but not limhcd to, the Collier County Growth Manm3emcm Plan, all concurrency requirements contained ttaerein, and thc Collier COLJIIIV Land Development Code. Sect/on 4. If any section, paragraph, clause or provision of.this Resolution shall be held to bc invalid or inef.fectivc f,or any reason, tile rcrnaindcr oflhis Rcsolution shall continue in full force and effect, it being expressly hereby found and declared that tile remainder of, this Resolution would have been adopted despite thc invalidity or incf,f,cctivcness of such section, paragraph, clause or provision. Section 5. This Resolution shall take ef,f,ect immediately upon its adopticm. PASSED and Adopted this!~._ day of December. 1998. ATTI!ST: Dwight E. Brock, Clerk / [)cputy Clerk COLLIER COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS Barh i [/. Be.y, [SEAI_J Approved Lis to f'on'n and legal sufficiency: Dav.t ('. Wcigel, COLln~tOnlCy I612 RESOLUTION 98- 495 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLOR[DA, APPROVING THE ISSUANCE OF NOT EXCEEDING $8,000,000 HOUSING FINANCE AUTHORITY OF COLLIER COUNTY MULTI- FAMILY HOUSING REVENUE BONDS, SERIES 1999 (SADDLEBROOK VILLAGE PHASE II) PURSUANT TO CHAPTER 159 PART IV, FLORIDA STATUTES AS AMENDED. ' , BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: ' Section 1. Recitals. It is hereby found, ascertained, determined and declared that: A. The Housing Finance Authority of Collier County (the "Issuer") is a public corporation of the State of Florida, was duly created by Ord:nance No. 80-66 of the Board of County Commissioners of Collier Count-:., Florida, and is a body corporate and politic duly created and exls%lng as a local governmental body and a public instrumentality for ~.,- ]~urpose of assisting qualifying housing projects situated in Collier Count./, Florida (the "County"), under and by virtue of Chapter 159, Part IV, Florida Statutes, {the "Act"l, to provide for the issuance of and to issue and sell its obligations for lawful purposes under the Act. B. The Issuer has submitted to the Board of County Commissioners a copy of its Resolution (the "Resolution"),attached hereto as Exhibit A, '~'~h respecE ~o the issuance by it of not to exceed $8,000,000 Housing Finance Authority of Collier County Multi-Family Revenue Bonds, Series 1999 (Saddlebrook Village Phase II) (the "Bonds") . C. A public hearing was held on the Resolution on December 3, 1998, which public hearing was duly conducted by the Issuer upon reasonable public notfce, copies of said notice being attached to the Resolution, and at such hearing interested individuals were afforded the opportunity to express their views, both orally and in writing, on all maE~ers pertaining to the location and naEure of the proposed project and to ~he issuance of the Bonds. D. The Issuer has recommended and requested that the Board of County Commissioners approve the issuance of the Bonds so that the interest on the Bonds will be exempt from federal income taxation under applicable provisions of Section 147(a} of the Internal Revenue Code of 1986, as amended. E. The Resolution shows that the Issuer has acted in accordance with all applicable requirements of law, and that the issuance of the Bonds will serve significant public purposes as provided in the Act. F. The purpose of the Act will be effectively served, and it is necessary and desirable and in the best interest of the County that the issuance of the Bonds be approved by the Board of County Commissioners. G. The Bond shall not constitute a debt, liability or obligation of Collier County, its Board of County Commissioners, officers, agents or employees, or the State of Florida or any political subdivision thereof, but shall be payable solely from the revenues provided therefore, and neither the faith and credit nor any taxing power of Collier County, or the State of Florida or any political subdivision thereof is pledged to the payment of the principal of, premium, if any, and ~nterest on the Bond. No member of the Board of Count}, Commissioners of 'Collier County or any officer, agent, or employee thereof shall be liable personally on the Bond by reason of its issuance. Section 2. Approval of Issuance of the Bonds. The issuance of the Bonds as contemplated by the Resolution is hereby approved, however this approval shall in no way be deemed to abrogate any regulations of the County and the project contemplated by this resolution shall be subject to ali such regulations, including, but not limited to, the County's Growth Management Plan, all concurrency requirements contained therein and the Collier County Land Development Code. ~ Section 3. Repealing Clause. All resolutions or orders and parts thereof in conflict herewith, to the extent of such conflict are hereby superseded and repealed. , Section 4. Effective Date. Immediately upon its adoption. (SEAL] This Resolution shall take effect day of December, 1998. ATTEST: Dwigk[ E. Brock, Clerk % - Deputy Clerk COLLIER COUNTY, FLORIDA Barb~a B. Ber'ry, Chairma~ Board of County Commissioners of Collier County, Florida Approved as to form and legal sufficiency: David Weigel County Attorney EXitiBIT A 98-04 RESOLUTION REGARDING THE OFFICIAL ACTION OF THE HOUSING FINANCE AUTHORITY OF COLLIER COUNTY, FLORIDA, RELATIVE TO THE ISSUANCE OF NOT TO EXCEED $8,000,000 MULTIFAMILY HOUSING REVENUE BONDS FOR THE PURPOSE OF ACQUIRING, CONSTRUCTING AND EQUIPPING MULTIFAMILY RESIDENTIAL HOUSING FACILITIES FOR PERSONS OR FAMILIES OF LOW, MIDDLE OR MODERATE INCOME; AND FURTHER AUTHORIZING THE EXECUTION AND DELIVERY OF AN AGREEMENT BY ;tND BETWEEN THE AUTHORITY AND CEI SADDLEBROOK II,LTD.; PROVIDING AN EFFECTIVE DATE. WHEREAS, CEI Saddlebook II Ltd. [the "Company,.) has applied to the Housing Finance Authority of Collier County, Florida (the "Authority,.) , to (i) issue its multifamily housing revenue bonds in a prlncipal amount not to exceed S;3,000,000 (the "Bonds',) for the purpose of financing the acquisition, construction, equipping and development of multifamily residential housing facilities for persons or families of low, middle or moderate income to be loca[ed in Collier County (the "Project"), and (ii) to loan the proceeds of the Bonds to the Company pursuan~ to Chapter 159, Part IV, Florida Statutes, or such other provision or provisions of Florida law as the Authority may determine advisable (the "Ac[") ; and WHEREAS, a determination by the Authority to issue the Bonds under the Act, if so requested by the Company, in one or more issues or series not exceeding an aggregate principal amount of $8,000,000 and to loan the proceeds thereof available to finance the Project under a loan agreement or other financing agreement which will provide that payments thereunder be at least sufficient to pay the principal of and interest and redemption premium, if any, on such Bonds and such other c~sts in connection therewith as may be incurred by the Authority, will assist the Company and promote the purposes provided in the Act; and WHEREAS, the Company has entered into the Preliminary Agreement of even date herewith relating to the issuance of the Bonds; and WHEREAS, the Authority held a public hearing on the proposed issuance of the Bonds for the purposes herein stated on the date hereof, which public hearing was conducted in a manner that provided a reasonable opportunity for persons with differing views to be heard, both orally and in writing, on both the issuance of such Bonds and the location and nature of the portion of the Project to be financed with the proceeds therefrom. WHEREAS, it is intended that this Resolution shall constitute official action toward the issuance of the Bonds within the meaning of the applicable United States Treasury Regulations. IT IS, THEREFORE, DETERMINED AND RESOLVED BY THE HOUSING FINANCE AUTHORITY OF COLLIER COUNTy, FLORIDA, THAT: 1. Approval of the Project. The acquisition, construction, equipping and development of the Project and the financing thereof by ~he Authority through the issuance of the Bonds, pursuant to the Act, will promote the health and welfare of the citizens of Collier County and will thereby serve the public purposes of the Act. 2. Execution and Delivery of Preliminary Agreement. The Cha:rman or Vice-Chairman of the Authority hereby are authorized and directed to execute, for and on behalf of the Authority, the Pre[iminary Agreement of even date herewith between the Authority and 5he Company providing understandings relative to the proposed issuance of the Bonds by the Authority to finance the Project in an aggregate principal amount not to exceed the lesser of (a) $8,000,000, or (b) the cost of Lhe Project as determined by the Authority. ' 3. Authorization of the Bonds. There is hereby authorized to be issued and the Authority hereby determines to issue the Bonds, if so requested by the Company and subject to the conditions set forth in the Preliminary Agreement of even date · one or more issues or ser~ ;- ~- herewith, in ~° ~ ~ aggregate princi al to exceed $8,000,000 for the ~u ......... P amount no~ - ..~., . ~ ~p~c u~ rlnancinq the p ' ~esl.lbed. !n such Preliminary Agreement. The B~n~- . ~es~gnated "Housing Finance Authori~,, ~ ~-,~ · - . u~ sna~± De ~z ~ ~uz~er County Multifamily Housing Revenue Bonds Series 1999 (Saddlebrook Village Phase or such similar designation as the Authority may deem advisable. The rate of interest payable on the Bonds shall not exceed the rate permitted by law. 4. Reconunenda t ion Approval to Board of County Commissioners. The Authority hereby recommends the issuance of the Bonds and the financing of the Project for approval to the Board of County Commissioners of Collier County (the "Board"). The Authority hereby directs the Chairman, Vice-Chairman or Issuer's Counsel, either alone or jointly, at the expense of the Company, co seek approval for the issuance of the Bonds and the financing of the Project by the Board as the applicable elected representatives of Collier County under and pursuant to the Act and Section 147(f) of the Internal Revenue Code of 1986, as amended. 5. General Authorization. The Chairman, the Vice-Chairman, the Secretary and counsel for the Authority hereby are further auLhorlzed to proceed, upon execu5ion of the Preliminary Agreement, with the undertakings provided for therein on the part of the Authority and are further authorized to take such steps and actions as may be required and necessary in order to cause the Authority iss,ze the Bonds subject to the terms and conditions set forth the Preliminary Agreement authorized hereby. 6. Affirmative Action. This resolution is an affirmative actzon of the Authority toward the issuance of the Bonds, as con~emplated in said Preliminary Agreement, in accordance with the pur?oses of the laws of the State of Florida and the applicable United States Treasury Regulations. 7. Approval of Notice of Public Hearing. The form of notice of public hearing attached hereto as Exhibit "A" is hereby approved and Lhe publishing thereof ratified by the Authority. 8. Appointment of Counsel. The Authority appoints Nabors, Giblin and Nickerson, P.A., Tampa, Florida to act as bond counsel to [i]e Authority in connection with the issuance by the Authority of the Bonds. The firm of Donald A. Pickworth, P.A., Naples, Florida is the duly appointed Issuer's Counsel. 9. Limited Obligations. The Bonds and the interest thereon shall not constitute an indebtedness or pledge of the general cred~% or taxing power of Collier County, the State of Florida or any i~o!~tical subdivision cr agency thereof but shall be payable solely from the revenue pledged therefor pursuant to a loan agreement or other financing agreement entered into by and between the Authority and the Company prior to or contemporaneously with the issuance of the Bonds. -3- 10. Limited Approval. The approval given herein shall not be construed as an approval of any necessary zoning applications nor for any other regulatory permits relating to the Project and the Authority shall not be construed by reason of its adoption of this resolution to have waived any right of the County or estopping the County from asserting any rights or responsibilities it may have in that regard. This Resolution shall take effect immediately. ADOPTED this 3 ~ day of December, 1998. (SEAL) HOUSING FINANCE AUTHORITY OF COLLIER COUNTY, FLORIDA ATTEST: By: ZS/ Chairman Secretary -4- .:-- : Exhibit A NapLes Daily News Naples, FL 34102 Affidavit of Publication Naples Detly News PICKWORTH, DONALD P.A. 5150 TAHIAMI TRL N #602 NAPLES FL 34103 REFERENCE: 010784 57?80873 Notice of Public Hea State of FLorida County of Collier Before the undersigned authority/ personally appeared Angels Bryant, who on oath aeya that she sarvei as Assistant Secretary of the Naples Daily Neus, a daily neuspaper published at Naples, in Collier County, Florida: that the attached copy of advertising wes 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 aa second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year sex/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 capers/ton any discount, rebate, coIaiSston or refund for the p~rpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 11/18 AD SPACE: 184.000 INCH FILED OH: 11/18/98 Suorn to and Subscribed me before this ~ day.~o,f 1.614 ~FIIy Of ¢0 Ilar County RESOLUTION 98-496 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER C©UNTY, FLORIDA, APPROVING THE ISSUANCE OF NOT EXCEEDING $8,000,000 HOUSING FINANCE AUTHORITY OF COLLIER COUNTY MULTI- FAMILY HOUSING REVENUE BONDS, SERIES 1999 (WHISTLER'S GREEN APARTMENTS) PURSUANT TO CHAPTER 159, PART IV, FLORIDA STATUTES, AS AMENDED. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER CO~JNT'r', FLORIDA: Section 1. Recitals. It is hereby found ascertained determined and declared that: ' , - A. The Housing Finance Authority of Collier County (the "Issuer") is a public corporation of the Stat of Florida, was duly created by Ord:nance No. 80-66 of the Bcard o~ County Commissioners of Collie ~n~y, Florla~, and is a body corporate and nolitic ~ ..... C,.IS[iII~ as a local novernm---~ ' - - · ~ uuzy creaueo anc ~, . . ~ ' =~,.a~ DOGy and a public instrumental]t, {oz' ~,ne purpose or assisting qualifvinc housing, ~r~ .... - - ' } '- uoun~y, Florida (the "Cou ...... ~ .... J s~cua~eo in Col]~er ' ,,~ ~ , unuer aha Dy virtue of Chapter 159, Part !V, Florida Statutes, (the "Act"), [o provide for the issuance of and issue and sell its obligations for lawful purposes under the Act. B. The Issuer has submitted to the Board of Count>, Commlssione a ~'-"~v of its Resolution (e~ ,. rs A. '.,.' respecu to the issuance by it of not to exceed $8,000,000 Housing i. th "Resolu~lon ),attached hereto as Exhibit Finance Authority of Coll.~er County M~{iti-Family Revenue Bonds, Ser~es 1999 {Whistler's Green Aparuments) {the "Bonds"). ~ C. A public hearing was held on the Reso ' ~99~, which Dublic hea,-~p~ w~ ~.~, ~ lut~on on Dece~er 3, .... ~ ~= uu~Y conGucted by th reas~ · · e I ~nable public notice coni~s o{ ~-~ - . _ ~ souer upon Resolution, and at such hea~{~--' - = ~u. no-ice Delng attached to ~he ~n9 ~nuerested individuals ,were a ~he opportunity to express their views, both orall ........ fforded ? s.perta n ng to the location and nature , t - ' ' ~ ~c ropo ro3e to tho ~-- ' P seG ~uance of the Bonds P cz and D. The Issuer has recommended and requested that the Board of Counzy Commission:ers approve the issuance of the Bonds so that the interest on the ~.,onds will be exempt from federal income taxation under applicable provisions of Section 147(a) of the Internal Revenue Code of 1986, as amended. E. The Resolution shows that the Issuer has acted in accordance with all applicable requirements of law, and that the issuance of the Bonds will serve significant public purposes as provided in the Act. F. The purpose of the Act will be effectively served, and it is necessary and desirable and in the best interest of the County that the issuance of the Bonds be approved by the Board of County Commissioners. G. The Bond shall not constitute a debt, liability or obligat:on of Collier County, its Board of County Commissioners, officers, agents or employees, or the State of Florida or any political subdivision thereof, but shall be payable solely from the revenues provided ti]erefore, and neither the faith and credit nor any taxing power of Co!lief County, or the State of Florida or any political subdivision thoreof is pledged to the payment of the principal of, premium, if any, a:w: :nterest on the Pond. No member of the Board of County Commissioners of Co!l~er County or any office:-, agent, or employee thereof shall be i;a::le personally on the Bond by reason of its issuance. Section 2. Approval of Issuance of the Bonds. The issuance of the Bcnds as contemplated by the Resolution is hereby approved, however this app:-oval shall in no way be deemed to abrogate any regulations of the Cot~;~t), and the project contemplated by ~his resolution shall be subject to ~11 such regulations, including, but not limited [o, the County's Gro'...'[h Management Plan, all concurrency requirements contained therein, and the Collier County Land Developmenz Code. Section 3. Repealing Clause. All resolutions or orders and parts the:.'eof in conflict herewith, to the extent of such conflict are hereby superseded and repealed Section 4. Effective Date. immediately upon its adoption. PASSED AND ADOPTED THIS (SEAL) This Resolution shall take effec~ day of December, 1998. ATTEST Dwiqh~ E. Brock, Clerk Deputy Clerk COLLIER COUNTY, FLORIDA BarbaX'za B. Berr~',','-"~C~'~t~-~. Board of County Commissioners of Collier County, Florida Approved as to form and legal sufficiency: David Weigel Count)., Attorney 98-05 RESOLUTION REGARDING THE OFFICIAL ACTION OF THE HOUSING FINANCE AUTHORITY OF COLLIER COUNTY, FLORIDA, RELATIVE TO THE ISSUANCE OF NOT TO EXCEED $8,000,000 MULTIFAMILY HOUSING REVENUE BONDS FOR THE PURPOSE OF ACQUIRING, CONSTRUCTING AND EQUIPPING MULTIFAMILY RESIDENTIAL H©USING FACILITIES FOR PERSONS OR FAMILIES OF LOW, MIDDLE OR MODERATE INCOME; AND FURTHER AUTHORIZING THE EXECUTION AND DELIVERY OF AN AGREEMENT BY AND BETWEEN THE AUTHORITY AND WHISTLER'S GREEN, LTD.; PROVIDING AN EFFECTIVE DATE. WHEREAS, Whistler's Green Ltd (the "Company,,) has applied to ~ne Housing Finance Authority of Collier County, Florida (the "A'.:'~horlty") , to (i) issue its multifamily housing revenue bonds in a ::r~nci~a! amount not to exceed $8,000,000 (the "Bonds") for the pur[;ose of financing the acquisition, construction, equipping and development of multifamily residential housing facilities for persons or families of Iow, middle or moderate income to be located !n Co]!~er Counuy (the "Project"), and (ii) to loan the proceeds of uhe Bonds ~o [he Company pursuant co Chapter 159~ Parc IV, Florida S~a~:u[es, or such other provision or provisions of Florida law as the Authority may determine advisable (the "Act"); and · WHEREAS, a determination by the Authority to issue the Bonds uncer the Act, if so requested by the Company, in one or more issues or series not exceeding an aggregate principal amount of $8,500,000 and to loan the proceeds thereof available to finance zhe Project under a loan agreemenc or other financing agreement wh:::h will provide that payments thereunder be at leas~ suff~clen~ to ~ay the principal of and interest and redemption premium, :f anv, on such Bonds and such other costs in connection therewith as may be incurred by the Authority, will assist the Company and ~romote the purposes provided :n the Act; and WHEREAS, the Company has entered into the Preliminary Ac,- .... men~ of date ~ ....... even herewith relating to the issuance of ti~e Bonds; and WHEREAS, the Authority held a public hearing on the proposed issuance of the Bonds for the purposes herein stated on the date hez-eof, which public hearing was conducted in a manner ~han t~"?;ided a reasonable opportunity tot persons with dif£ering v~ews ~o ;z,e heard, both orally and in writing, on both ~he issuance of suci~ Bonds and t. he tocatzon an~ nature of the portion of ~he ?reject to be financed with ti~e proceeds ti~erefrom. WHEREAS, zt is ~ntended that this Resolution shall constitute official action toward the ~ssuance of the Bonds within ~he meaning of '-he applicable United States Treasury Regulations. IT IS, THEREFORE, DETERMINED AND RESOLVED BY THE HOUSING FINANCE AUTHORITY OF COLLIER COUNTY, FLORIDA, THAT: 1. Approval of the Project. The acquisition, construct:on, equipping and developmen~ of ~he Project and the financing thereof bv '~he Authority [brough ~he ~ssuance of [he Bonds, pursuant ~o the A~:~ , ',.'ill. promote ~he healti~ and welfare of the c~.tizens of Collier C<~:;~%~'.. and will thereby serve the public purposes of the Act. 2. Execution and Delivery of Preliminary Agreement. The ~n,_~ ~'man or Vice-Chairman cf the Authority hereby are authorized and directed [o execute, for and on behalf of the Authority, Lhe Preliminary Agreement of even date herewith between the Auuhor~[v and 5he Company providing understandings relative to the proposed ~ssuance of the Bonds by the Au~hori5y to finance the ?rojec~ in an agg: ,3gate principal amount no~ ~o exceed the lesser of {a) $8,"0C,000, or (b) the cost of tine Project as determ?~ned by the 3. Authorization of the Bonds. There is hereby authorized to be issued and the Authority hereby determines ~.o ~ssue the 5o.nds, if so requested by [.he Compan'/ and subject ~o the conditions set forth in the Preliminary Agreement of even date herewith, one or more issues or series in an aggregate principal amount to ,~xceed $8, 000,000 for the purpose of financing the Project described in such Preliminary Agreement. The Bonds shall be dest~na~ed "Housing Finance Authority of Collier County Multi family Housing Revenue Bonds Series 1999 (Wi~istler's Green Apartments)', or such similar designation as the Authority may deem advisable. The rate of interest payable on the Bonds shall not exceed the rate perm:tied by law. Recommendation for Approval to Board of County 'ii Commissioners. The A':thority hereby recommends the issuance of the Bo:~ds and the financing of the Project for approval to thc Board of County Commissioners of Coliier County (the "Board") . The Authority hereby directs the Chairman, Vice-Chairman or Issuer's Cou:]set, either alone er jointly, at the expense of the Company, see}: approval for the issuance ef the Bonds and the financing ef the Project by the Board as the applicable elected representatlves of ~iollier County under and pursuant to tile Act and Section of E~he In~ernal Revenue Code of 1986, as amended. 5. General Authorization. The Chairman, the Vice-Chairman, the Secretary and counsel for the Authority hereby are further authorized to proceed, upon execution of the Preliminary Agreement, wi~'h the undertakings provided for therein on ~he par~ of the Au'.~hority and are further authorized to take such steps and actions as :~a¥' be required and necessary in order [o cause the Author!tv ~o 'ss~e r. he Bonds sub}ect to ~he terms and conditions se~ forth ~n %ne Prei~minary Agreement authorized hereby. 6. Affirraative Action. This resolution is an affirmative act 'on of the Authority toward the issuance of the Bonds, as cont~emp!ated in said Preliminary Agreement, in accordance with the purposes of the laws of the State of Florida and the applicable Un:r~ed States Treasury Regulations. 7. Approval of Notice of Public Hearing. The form of noE~ce of public hearing attached hereto as Exhibit "A" is hereby approved arid Ehe publishing thereof ratified by the Authority. 8. Appointment of Counsel. The Authority appoints Nabors Gi~' , ~.,~n and Nickerson, P.A., Tampa, Florida to act as bond counsel uo %he Authority in connection with the ~ssuance by the Authority of ~he Bonds. The firm of Donald A. Pickworth, P.A., Naples, Ficr'da is the duly appointed Issuer's Counsel. 9. Limited Obligations. The Bonds and the interest thereon sha'i not constitute an indebtedness or pledge of the general cred't or taxing power of Collier County, the State of Florida or any political subdivision or agency thereof but shall be payable solely from the revenue pledged therefor pursuant to a loan agreement or other financing agreement entered into by and between the Authority and the Company prior to or contemporaneously with the issuance of the Bonds. 10. Limited Approval. The approval given herein shall not be construed as an approval of any necessary zoning applications nor for any other regulatory permits relating to the Pro3ect and the Authority shall not be construed by reason of its adoption of this resolution to have waived any right cf the County or estopping the County from asserting any rights or responsibilities it may have in that regard. This Resolution shall take effect immediately. ADOPTED this ~ day of December, 1998. (SEAL) HOUSING FINANCE AUTHORITY OF COLLIER COUNTY, FLORIDA /s/ Chairman ATTEST: /si Sec..~tary -4- :" " Exhibit A Naples Daily Newa NapLee, FL 34102 Affidavit of Publication Naples Dally Newa PICKgORTH, DONALD P.A. 5150 TAHIAHi TRL N #602 NAPLES FL 34103 REFERENCE: 010784 57780873 Notice of Public Hea Stats of Florida County of Collier Before the undersigned authority, personally appeared Angels Bryant, who on oath says that she sorve, aa Assistant Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising wes published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published et Naples, in said Collier County/ Florida, end that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered ae second class mai[ met,er 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 coporation any discount, rebate, commission or refund for the purpoma of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 11/18 AD SPACE: 184.000 INCH FILED ON: 11/18/98 Signature of Affiant../~/~E-~ Z~~. Suorn to and Subscribed before ae this Personally known by me ~w'z day of /U z/ ¢ sgbml! wrltlen .N, hearing mcly r~ty Au- TO AT SUaH CORD OH iS IMONY TO BE lilies Pot- or than 147(f) Of NO. 1300640 RESOLUTION 98- 497 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, APPROVING THE ISSU;LNCE OF NOT EXCEEDING $3,900,000 HOUSING FINANCE AUTHORITY OF COLLIER COUNTY MULTI- FAMILY HOUSING REVENUE BONDS, SERIES 1999 (WILD PINES APARTMENTS) PURSUANT TO CHAPTER 159, PART IV, FLORIDA STATUTES, AS A~MENDED. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: Section 1. Recitals. and declared that: It is hereby found, ascertained, determined A. The Housing Finance Authority of Collier Count}. (the "Issuer") is a public corporation of the State of Florida, was duly created by Ordinance No. 80-66 of the Board of County Commissioners of Collier County, Florida, and is a body corporate and politic duly created and exlst~ng as a local governmental body and a public instrumentality for the purpose of assisting qualifying housing projects situated in Collier County, Florida (the "County"), under and by virtue of Chapter 159, Par2 IV, Florida Statutes, (the "Acz") , to provide for the issuance cf and to issue and sell its obligations for lawful purposes under the Act. B. The Issuer has submitted to the Board of County Commissioners a copy of its Resolution (the "Resolution"),attached hereto as Exhibit A, with respect to the issuance by it of not to exceed $3,900,000 Housing Finance Authority of Collier County Multi-Family Revenue Bonds, Series 1999 ~Wild Pines Apartments) (the "Bonds"). C. A public hearing was held on the Resolution on December 1998, which public hearing was duly conducted by the Issuer upon reasonable public notice, copies of said notice being attached to the Resolution, and at such hearing interested individuals were afforded the opportunity to express their views, both orally and in writing, on all matters pertaining to the location and nature of the proposed project and to the issuance cf the Bonds. D. The Issuer has recommended and requested that the Board cf County Commissioners approve the issuance of the Bonds so that the ~n~.erest on the Bonds will be exempt from federal income taxation under apptlcable provisions of Section !47(a) of the £nternal Revenue Code of 1986, as amended. E. The Resolution st~,ows that the Issuer has acted in accordance with all applicable requirements of law, and ti]at the ~ssuance of the Bonds will serve significant public purposes as provided in the Act. F. The purpose of the Act will be effectively served, and it is necessary and desirable and in the best interest of the County that the issuance of the Bonds be approved by the Board of County Commissioners. G. The Bond shall not constitute a debt, liability or obligation cf Collier County, its Board of County Commissioners, officers, agents or employees, or the State of Florida or any political subdivision thereof, but shall be payable solely from the revenues provided therefore, and neither the fai%h and credit nor any taxing power of Co!' ~er County, or the State of Florida or any political subdivision thereof is pledged to the payment of the principal of, premium, if any, and ~nterest on the Bond. No member of the Board of County Commissioners of Collier County or any officer, agent, or employee thereof shall be iiat~e personally on ~he Bond by reason of its issuance. Section 2. Approval of Issuance of the Bonds. The issuance of the Bonds as contemplated by the Resolution is hereby approved, however this approval shall in no way' be deemed to abrogate any regulations of the County and the project contemplated by this resolution shall be subjec~ to all such regulations, including, but not limited to, the County's Growti] Management Plan, all concurrency requirements contained therein, and the Collier County Land Development Code. Section 3. Repealing Clause. All resolutions or orders and parts the-~ ~ r~o, in conflict herewith, to the extent of such conflict are hereby superseded and repealed. ' Section 4. Effective Date. immediately upon its adoption. PA~SED ,~D ~DOPTED T~S F-'.~ -' This Resolution shall take effect day of December, 1998 ( SEAl, ATYEST: D'wigi~- E. Brock, Clerk Deputy Clerk COLLIER COUNTY, FLORIDA Barbara B. Berry, Cha~rmark. '~ Board of Count), Commissioners of Collier County, Florida Approved as to form and legal sufficiency: . .// David Weigel Coun ~_ y At ~_orney EXIliBIT A 98-06 RESOLUTION REGARDING THE OFFICIAL ACTION OF THE HOUSING FIHANCE AUTHORITY OF COLLIER COUNTY, FLORIDA, RELATIVE TO THE ISSU/LNCE OF NOT TO EXCEED $3,900,000 MULTIFAMILY HOUSING REVENUE BONDS FOR THE PURPOSE OF ACQUIRING, CONSTRUCTING AND EQUIPPING MULTI FAM I Ly RESIDENTIAL HOUSING FACILITIES FOR PERSONS OR FAMILIES OF LOW, MIDDLE OR MODERATE INCOME; ;uND FURTHER AUTHORIZING THE EXECUTION AND DELIVERY OF AN AGREEMENT BY A24D BETWEEN THE AUTHORITY AND NICHOLSON LIMITED PARTNERSHIP; PROVIDING AN EFFECTIVE DATE. WHEREAS, Nicholson Limited Partnership (the "Company") has app~ .~ed to the Housing Finance Authority of Collier County, Florida (~he "Authority"), to (i) issue i~s mulLifamily housing revenue bonds ~n a principal amount not Eo exceed $3,900,000 (the "Bonds"} for the purpose of financing ~he acquisition, construcLlon, equ;pping and development of multifamily residential housing fac; i~ties for persons or families of iow, middle or moderaze income Eo be located in Collier County (the "Project"), and (ii) co loa:; the proceeds of the Bonds ~o the Company pursuan~ to Chap~e~- !59, Part IV, Florida Sta~utes, or such other provision or orcv's]or~s of Florida law as 2he Authority may de~ermine ad'v2~aOi~- ,~ '~cE ) ; and WHEREAS, a de~ermlnation by the Authority co issue the Bonds und~-,r the Act, if so requested by the Company, ~.u one or mere issues or series not exceeding an aggregate principal amount of $3 ':'~0 000 and Eo loan the p_o~e.e~Js thereof available to finance the ?roject under a loan agreement or other financzn...3 agreemenz whlc'!z will provide tha~ paymenhs thereunder be at least sufficienT. to :: ~ hhe principal of and 2n~eresE and redemption premium, z;f any, on such Bonds and such other costs in connection therewith as may be incurred by the Authority, will assist, hhe Company and promote the purposes provided in the Act; and WHEREAS, the Company has entered into the Prelim:nar,/ Ag:-c-..':'~e.uE of even date herewith relating to the issuance of ~he ; and WHEREAS, the Authority held a public hearing on the proposed isst:ance of the Bonds for the purposes herein stated on the date hereof, which public hearing was conducted in a manner that prcv:ded a reasonable opportunity for persons with differing views to he heard, both orally and in wr!ting, on both the issuance of suck Bonds and the location and nature of the portion of the Prc]ect to be financed with the proceeds therefrom. WHEREAS, it is intended that this Resolution shall constitute off'cia! action toward the issuance of the Bonds within ti~e mean~n~ of '!~.e applicable United States Treasury Regulations. IT IS, THEREFORE, DETERMINED ~2qD RESOLVED BY THE HOUSING FINAlqCE AUTHORITY OF COLLIER COUAFfY, FLORIDA, THAT: 1. Approval of the Project. The acquisition, construction, equipping and development of the Project and the financing thereof by ine Authority through the issuance of the Bonds, pursuant to the Act, will promote the health and welfare of the citizens of Cell:er Cc.u::t:y and w~l! thereby serve the public purposes of the Act. 2. Execution and Delivery of Preliminary Agreement. The Cha:.~man or Vice-Chairman of the Authority hereby are authorized and directed to execute, for and on behalf of the Authority, the ...... g~eemen~ ef even date herewith between ~he Authority and ~:he Company providing understandings relative to the proposed iss.~ance of the Bonds by the Authority to finance the Project in an aggregate principal amoun~ not to exceed ~he lesser of (al $3, }'30,000, er' {b) the cost ef the Project, as determined by Aut}:or~.ty. 3. Authorization of the Bonds. There is hereby authorized to ke J ssued and the Authori tx, hereby determines to issue the B©nis, if so requested by the Company and subject to the conditions set ~-orth in the Prellminary Agreement of even date herewith, one er more issues or series in an aggregate principal amount tc ezceed $3, 900,000 for the purpose of f~nancing the Prelect described in such Preliminary Agreement. The Bonds shatl be designated "Housing Finance Authority of Collier County Multifamily Housing Revenue Bonds Series 1999 (Wild Pines Apartments)" or such sim'. !ar designation as the Authority may deem advisable. The rate of 2:]retest payable on the Bonds shall not exceed the rate permitted by law. -2- 4. Reconunendation for Approval to Board of County Commissioners. The Authority hereby recommends the issuance of the Bor. cis and the financing cf the Pro3ect for approval to the Board of _c~.r.L'/ Comm~ ssioners of Col 1 ier County (the "Board") Au".~.~:or~ty hereby directs [he Chairman, Vice-Chairman or Issuer's Cou::sel, either alone or jointly, at the expense of the Company, to seek approval for the issuance of the Bonds and the financing of the Project by the Board as ~he applicable elected representativos of Collier County under and pursuant to the Act and Sec%ion of 'he Internal Revenue Code of 1986, as amended. 5. General Authorization. The Chairman, ~he Vice-Chairman, %?w= Secretary and counsel for 5he Authority hereby are fur5her au%kor~zed to proceed, upon execution of the ?rel~m~nary Agreement, witi'; the undertakings p.~'ovided for therein on the part of the Authority and are further authorized to take such steps and actions as rr. ay be required and necessary in order to cause the Authority ~ssue the Bonds subject to the ~erms and conditions set fort?-: [he ?reiiminary Agreement authorized hereby. 6. Affirmative Action. Thzs r~solut~on ~s an affirmative ,un... Authority 5oward Nhe issuance of Ehe Bonds, a~: cent e:hs[a~ed ~n said Preliminary Agreement, ]n accordance with t'.he pur:::.oses of the laws ef [he S5a[e ef F]ericia and the applicab:e Un''ed SEa[es !'reasury Regular:ohs. ' 7. Approval of Notice of Public Hearing. The form of no~ice cf n',~blic hearing attached here%o as Exh~bi~ "A" is hereby approved and zhe publishing thereof ratified by the Authority. 8. Appointment of Counsel.. The Au~.hor~ty appoints Nabors Gi.b!~n and Nickerson P A ~ ~ ~ ~ , .... ~amDa, , lorida to ach as bond ccunsei ~c !.b,e Authority in connection wl~h ~he issuance by the Au~hc, ri~y of l}!e Bonds. The firm of Donald A. Pickworth, P.A. , Naples, Flo: ~da is the duly appoinzed Issuer's Counsel. 9. Limited Obligations. The Bonds and the interest thereon shall not constitute an indebtedness or pledge of the genera~ cred~[~ or taxing power of Collier County, the State of Florida or any Foiitical subdivision or agency thereof but shall be payable solely from the revenue pledged therefor pursuant to a loan agreement or other financing agreement entered into by and between the Authority and the Company prior to or contemporaneously with the issuance of the Bonds. 10. Limited Approval. The approval given herein shall not be construed as an approval of any necessary zoning applications nor for any other regulatory permits relating to the Pro]ecl and 5he Authority shall not be construed by reason of its adoption of Ibis resolution to have waived any right of the County or es[opping the County from asserting any rights or responsibilities it may have in tha%i regard. '['his Resolution shall take effect immediately. DOPT D this day of December, i998. (SEAL) HOUSING FINANCE AUTHORITY OF COLLIER COUNTY, FLORIDA Is/ Chairman ATT~iST: Secretary -4- Exhibit A Naples Oaily Ne~s HapLee, FL 3~02 Affidavit of Publication Naples Oatly Ne~e PlCKWORTH, 0ONALD P.A. 5150 TAMIAHI TRL N #602 NAPLES FL 34103 REFERENCE: 010784 57780873 Notice of Public Hea State of Florida County of Collier Before the undersigned authority, personally appeared Angels Bryant, who on oath says that she serves as Assistant Secretary of the Naples Daily Ne~s, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising uae published In said newspaper on dates Listed. Affiant further aaya that the said ~aplee Daily News is a newspaper published at Naples, in said Collier Countyt Florida, end that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered ~s ascend claes mail matter et the post office in Naples, in said Collier County, Florida, for a period of I year next preceding the first publication of the attached copy of advertisement/ end affiant further says that she has neither paid nor promised any parson, firm or coporation any dtscount~ rebate, commission or refund for the purpose of securing this advertisement for publication in the said new~paper. PUBLISHED ON; 11/18 AO SPACE: 184.000 INCH FILEO ON: 11/1§/98 Suorn to and Subscrtbad bafore ma this _~day of //L//c~/ 19.~ ~' /,~;A~'tJ,~ 3oyce E. 81azler K. .., MYCOMMISSION # CC702521 EXPIRES [~{ { ~r~ 10, 2002 ~e hearing may ol;Ity,Of CL. Olller County IOOFII'~O, ' for the Au- :)JlitJos oler them action 147(t) ~r No. 1300640 I,EG.-\I, SEI,IVICES ,.\GI/EE3,1ENT THIS LEGAL SERVICES AGREE.\lENT made and entered into this/O'-~ day of .~ 1998, by and between the Board of County Commiss oners, (hereinafter referred to as the "Board" and/or "County"), and the law firm ofFixel & Maguire, 21 I South Gadsden Street, Tallahassee, Florida "'~"'" .~__~vl, (hcrcii~at'!.cr referred to as "Counsel"). WI'I'NI:.S S ETt-t: Thc parties hereto, in consideration of the premises and the covenants comained herein, mutt~ally agree as I. Counsel is hereby retained by the Board to represent and assist the Comity relating County's prope~y acquisition interests including eminent domain proceedings for thc Immokalee Road Four-Laning Project (Project No 69101)betwecnl.?StoCR. 95i and for the Golden Gate Boulevard Fotlr-l_anin,, Project (Project No. 6.> 941) between CR. 951 a~ld q,,d Street S.E 2. Counsel, upon authority of the County Auorney, is to prepare ail legal documents, correspondence, communications, etc. and to attend all negotiation meetings, settlement conferences, coua hearings and trial(s) necessary during any eminent domain proceedings For Project No 69101 and Project No 63041. 3. The Board, through its Ot~Sce of Capital Projects Nlanagcment hereby agrees to pay Counsel as compensation tbr legai services at Counsel's discounted rate ot'S235.00 per hour for all trial ~votk and $200.00 per hour tbr non-trial work. Counsel shall be compensated at S60.00 per hour for paralegals providing services hereunder -1. The Board hereby agrees to reimburse Counsel for actual costs ~ncurred including costs of mailing, copies, facsimiles, telephone expense and document transmittal expenses (e.g., "Federal Express", etc.) incurred pursunnt to this Agreement, provided that such costs are supported by appropriate documentation submitted with the invoice or statement For legal services to the County Page I of 4 Attorney. Counsel's travel expenses are expressly excluded from this Agreement unless approved in advance by the County Attorney. 5. A statement or invoice for legal services and direct costs incurred by Counsel shall be billed to the County Attorney on a monthly or qua~erly basis at the discretion offCounsel. All invoices shall contain, as a minimum, the t~lloxvir~g inlbrmation; 1) The proper name ofthe payee as it appears in the Agreement; 2) The date offthe invoice; and 3) The description ofservices and the time period in which billable services were rendered. All payments and the resolutionofany disputes regarding such are subject to and shall be processed in accordance with Chapter 218, Part VII, otherwise known as "The Florida Prompt Payment Act." The County shall pay all invoices submitted in accordance wi~h thc provisions ofgcction 218.74, FioridaStatutes. lethe (Fount>' fidis to pay any ink'oice ~br legal services within the time pttriod specified in Section 218.74, Florida Statutes, Counsel shall ha~'c the right to invoice lot it~tcrcst on thc unpaid invoice at the rate of one percent (1%) per month compounded montl~ly commencing thirty (30) days atter tim due date. 6 Counsel shall be solely responsible to panics with whom it shall deal in carrying out the terms et'this Agreement arid shall not subcontract its rcspot~sibilitics to thc Board under this Agreement Counsel shalI carry Lawyer's Prolbssional Liability insurance in an amount not less thnnSl.O00,OO0peroccurrence. Aninst~rancecorJificatoevidencingthisl.awyer,sProlbssional Liability insurance requirement shall be tendered to the Collier County Risk alanagement Department within tburtecn (I,1) days el'the date of this Agreement. (.'t~rrcm, valid insurance policy(its) meeting tJ~e reqt~irement herein identified shall be maintained by Counsel dtMng the duration of this Agreement. Renewal certificate(s) shall be sent to the County thirty (30) days prior to the expiration date(s) on nny such policy(les). There shall be a thMy (30) day notification to the Board in the event oFcancellation or modification ofnny stipulated insurance coverage. Page 2 of 4 7. Counsel shall protect, defend, indemnify, and hold the Board and ils otticers, employees, and agents harmless From and against any and all losses, penalties, damages, professional Fees, including attorney fees and all costs of litigation and judgmenls arising out oFanv willt~l or intentional misconduct, negli~cnt acts or error or omissk)n of'Counsel, its subconsuhants, subcontractors, agents or employees, arising out of ar incidental to the perfbmmnce of this Agreement or work performed thereunder, including any claim(s) brought against the County, its oflScers, employees, or agents by any employee of Counsel, any subcor~sultants, subcomractor, or anvot:e direc~ly or indirectly employed byanvot'them Cour2sel'seblig~io~lumterlhisprovisi~n shall not be limited in any way by the agreed-upon total contract Fee specified in this Agreement or the Counsel's limit o~ or lack o15 suft~cient insurance protection. The parxies agree ~hat one percent (1%) of the total compensation to Counsel For perlbrmance of services authorized by this Agreement is specific considera~itm tbr Counsel's indemnification oFthe County 8. Counsel agrees to obtain and pay tbr all permits and licenses necessary For the conduct oF its business and ngrees to comply with ail laws governing the responsibility oFan employer with respect to persons emp/oyed by Counsel Counsel shall also be solely responsible for payment of any and all taxes levied on Counsel Inaddi~ion, Counsd shall comply with all n:les, regulaIions and laxvs oFCollier County, 1he State of Florida. or the U. S. Government now in tbrce or hereafter adopted 9 It is mutually ag~'eed between the part~cs that all nuthorization tbr legal services shall originate with the County Attorney. 10 Either party may terminate this Agreement For convenience with a minimum oflhir~y (30) days written notice to the other pany. The pamies shall deal with each other in good Faith during ~he thMy (30) day period after any notice ot'intent to terminate tbr convenience has been Pagc 3 of 4 given. 'l'he County reserves the right to terminate this Agreement immediately, for cause, upon written notice to Counsel. I I. This Agreement shall be effective upon execution by' the Board and Counsel. IN \VITNESS \VIIEREOF, Counsel and the l:loard, have each, respectively, by [in authorized person or agent, hereuncter set their hands and seals on the date and year first above written. W1]'NESSES: FIXEL & MAGUIR[-~ ' (Printed witness signature) (Printed witness sig. n~ure) ATTEST; DWIGIfT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COLINTY. FLORID.,\ · :tr.'.:'t .. r_j C!;',tlrz,~n's Approved as to form and legal sufficiency: David C. Weigel County Attorney Page 4 of 4 RESOLUTION NO. 98- 498 RESOI,UT!ON ESTAIII,ISIlING A UNII.'OI~,:II COUNTY I'OIACY IhlPOSING FEES FOI{ TIlE INSPECTION, EXAMINATION AND I)Ui'LICATION OF I'UIILIC RECORDS PUi{SUANT TO SECTION 119.07, FLORID,,I .Y?',.ITUTE,~: WIIEREAS, Seclion 119.07(I), /.7oridu .~'f~tlulcx, authorizes thc custod}an of public records to ci~arge a fcc lbr copying public records p~ovided upon request: and WIIEREAS, Section l l9.07(I)(b), I'?ori~ht .¥tozule.v, allows ibr the imposition of a special service charge tbr public records requests which require extensive use of cle,'ical or supe~'iso~ labor; and WIIEREAS, The Board ot'Cot,my Commissioners has ttcter,nined tha~ a policy should be created establishing the allowable copying IL'cs and defining win. is ex~ensive use al'clerical or supervisog, {abc)r: and WIIEREAS, The Board of County Commissioners has determined l}~at such a policy is necessa,y in order to create uniCormity in application oF those /gcs and to guide s~aff in determining when imposition of such tbcs is accepud)le and appropriate (legally sutEcient); and WIIEREAS, The Board ol'Cotmty Commissioners has fi)und that it is whhin ihc public's best intcresl fi)r the County to impose such a Ibc in order to cover tl~e actual cost oF duplication and Io cover Ibc aclua{ cost oF extensive clerical or supervisory time required to respond to a public records request. NOW, TIIEREI,'OI~E, lie IT IIES()I,VEI) BY TIlE COM3,11SSIONERS OF COI.I.II-:R COUNT'Y, I:I.ORII):\, thai I. Stall'shall charge the follo,,,,'h~ Ik'cs for duplication of public records: II()AI~,D OF COUNTY A. less 15 cents per one-sided copy which is 14 inches by 8 I/2 inches or F3. an additional 5 cents for each two-sided duplicated copy. C. $1.00 per copy fi)r a certified copy ora public record. D The acmal cost of' duplication lbr all other copies. "Actual cost of duplication" is defined in §l1907(1), I"/oridu ,¥1(lllllex, as, "the cost of the material and supplies used to duplicate the record." but it does not include the labor cost and overhead cost associated xvhh such dul)licalion. Stall' may, hoxvever, charge tbr the reasonable labor and overhead costs associated with copying county maps or aerial photographs suppliect by county constilutional officers. 161;4 2. If the nalure or volunle of public rcc,)~'ds requested to be inspected, examined, or' copied is SLlCJl as to rg(ltlil'c cxlcnsJvc LISt et' hlJ~)rnlalJoI1 tccJlllolo~y resources or extensive clerical or supRrvisoQ' assisl~nce by pcrsonnd of lilt Counly oJ]~cc, dcp~nlenl or ~ency hwolved, or both, thc otticc, deparm~cnt or ~cncy shMI clmr~e, duplicaion, a special service charge, wl~ich shall be reasonable and shall be based on lJl~ cosI incurred ~or such exlcnsJve LISO O~ inl~mnalJon tcchnoJo~y personnd providing ti~e service tlmt is acttl'alJv hlcurred by the agency or attributable to thc agency t~r the clerical and superviso~3. assistance required, or both "Information technology resources" shall have the same meaning as "Exlcnsive usc" shall be (Icfincd as ruquMng more than an hour of clerical or supe~'iso~ time 1o locate, review lbr confidential inlbrmalion, copy and refile thc rcqucslcd malerial. Time incurred shall be based Ul)On tlm nature or volume of the request and nut solely by lhe location oF the requested documcnls. 3. This Rcsolulion al)plies to all c)fl]ccs, agencies and clcparimenls authorized and organized as Collier County government el'the l]oard of Collier County Commissioners 4 This Resolution shall be effective and implemenled as et'tho dam ol'adopJion Resolution aciopled Ii,is ~ :)~(]ay of ~~:.: ..... 1098, after motion, second and majority vote in lh',,'or el'adoption. ATTEST: Clerk Depmv Clerk Approved as Io form and legal sufficiency: David C. Wcigcl County Attorney I~,O..\I,LI) OF COUNTY COXlMISSIONERS OF COI.LltiR COUNTY. F[.O.)IUD,,\ Ity: IL. XKi½,,\RA B. BI:.RI,LY, ChaT/-rl4.,~t.~4~ h public M¢ll~*a.'l,tesolutio,', public r~'¢or& Naples DaiLy News Naples, FL 34102 Affidavit of Publication Naples Daily News BOARD OF COUNTY COMMISSIONERS ATTN: MIATTA SiRLEAF PO 1~3X 413016 NAPLES FL 34101-3016 REFERENCE: 001230 1091826016491 57790160 90-111 NOTICE OF State of Florida County of Collier Before the undersigned authority, personally appeared John Taylor, who on oath says that he serves as ,\ss~stant Controller of the Naples ~ail~ 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 I 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 coporation any discount, rebate, commission or refund for the purpose of securing this advertisement for I~Jblication in the said newspaper. PUBLISHED ON: 12/04 AD SPACE: 120.OOO INCH FILED ON: 12/04/98 ...................... :-:~ ................ 7F ................................ PersooaLly known by me ,' , - t '~' · " '." ' '- ,/ 90-111 NOTICE OF INTENT TO CONSIDER ORDINANCE ~'~otlce Is hereby given that on TUESDAY DECEMBER 1S 1998, ir; he Boardroom, :]rd Floor, Administration Building, Collier Countv Government Center ~01 East Tomiomi ~'roll, Naples, Florldo, the Board or County Com. missioners will consider the enactment at a Coun- ~r~0 will commence tha; AN ORDINANCE AMEND~HG COt. LIER COUNTY ORDINANCE HO. 90-111, AS AMENDED, WHICH CREATED THE PELI- CAN BAY MUNICIPAL SERVICE TAXING AND BENEFIT UNIT: AMENDING SECTION SEVEN TO PROVIDE FOR THE REDUCTION OF THE SIZE OF THE PELICAN BAY MUNIC. IPAL SERVICES TAXING AND BENE. FIT UNIT ADVISORY COMMITTEE; AMENDING SECTION ELEVEN TO PROVIDE FOR A REDUCTION IN THE NUMBER OF MEMBERS REQUIRED FOR A QUORUM AND TO CONDUCT BUSI. NESS AND TO TAKE ACTION: PROVIDING FOR CONFLICT; PRO. VIDING FOR SI~VERA. BILIT Y: AND PROVIDING FOR AN EFFECTIVE DATE. (ire available for Jnspec- biOTE: All persons rninlstr afar PRtOR to da Hem to be addressed. be limited to $ rntntdes on rec~nlzed by fl~e Choir. may be allotted 10 rain- Board agenda pockets m~ted to the opprmpFlate pertaining thereto ond oppeol Is Ix)seQ. BOARD OF COUNTY COA. tMISSIONERS COLLIER COUNTY, FLORIDA BARBARA B. BERRY DWIGHT E. BROCK, CLERK By:/s ,' Ellle Hoflrn,~n Deputy Clerk (~[::~ A L) 17A i'l\(;I ~IN'C C()L~R COI~ O~ANCE NO. 9~111, A5 AMENDED, WHICH C~ATED THE P~I,ICAN BAY ~NIC~AI. SERVICE TA~NG ~D BENE~T I/NIT; A~NDING SEC~ON SEV~ TO PROVIDE FOR '1'~ ~DUC~ON OF THE SIZE O~' THE PEI.ICAN BAY ~CIP~ ~ERVI~ T~NC ~D BE~'r [INIT AD~S()RY COM~EE; AMENDING SE~ION ELEVEN TO PRO~E FOR A ~DUiZ'ION IN THK N~BER OF ~E~ ~Q~D FOR A QUOH~ BUSINESS ~ND T~ TA~ A~ON; PRO~ING ~R IN~.IISION IN (;ODE OF ~WS AND O~INANCES; PRO~(; FOR CONi,~I~; PROVIDIN(; FOR SEVERAB~I~; AND PRO~IN(: ~R ~' E~%C~IVE DA~. ''~*Y '~*~ '*'*'f'xY * ..*.eo,,.*.**,~,..*....,.,,.,*.*,, .... DaCe ..... C~ty ~ec ..... ~&Co.-. 17~ ' Pet£Cl~ R*o. )to ]g~lber. Ozd:~t~an~,~ i]~enc~AJ~g Ordi~-nce Xu. 10-111 '-~) County A~tornmy'~ Office He,aring before, [XX] ~CC £ ] IZ.~. ]l.l~li~:ed heer~g 41be* 1,3/15/91 Blind om Id¥trC4-14311~L appelr4ng 10 d.~,~'a, bcfo~¥, Nel~l~a~er(m] bo be al·d* {ccm~]ebe only if or l~elly zeq~ix.d ( ] I } OChe~ ~g~ieG Teg~, (r~cl-~e ~egal delczlpcio. · c~m~3a loo&~loa A i~.e), A~ O]~)INA~CE A~.E~DINC COLLIER COUN'[~ ORDINANCE NO. 90-I11~ AS /~YIENDED, WHICH CREATED THE PE4[CAN BAY ~fU~C[PAL SERVICE TAXING AND BENEFIT UNIT; ~D[NG SECTION ~E~N TO PRO.DE FOR '1'~ ~DUC~IO~ OF T~E SIZE OF THE PELIC~ BAY ~CIP~ SER~CE CO~EE; ~~[NG SE~IO~ ELEWEN TO PRO~E FOR A ~DU~ION T~ ~BER OF ~E~ ~Q~:D FOR A QUORU~ ~D TO CO~UCT BUSI~E~ ~ TO TA~ A~IO~; PRO~INO FOR ]NC~U~IO~ IN CODE OF LAWS ~D O~~'C~; PROZAC FOR CON~I~; P~O~D~C FOR SE~~; AND PROWIDINC FOR ~ EFFECT[~ DATF- ~o.~.. ~0~-[~ - ~ ~ ~.9~. ............... {.~.~%~..~..~.~:~.t..7:~:L:'~.l ...... D~viJ~on Weld DiCI~ Co~ty ~gec Dntm (including this cover) !!!II1111111111111111111111111111111111111111111111111111111111 LOC. lkTIOI~: NA(?~ES DAILY NEWS i!!!11111111~.'-ilIi111111111111111111111111111111111111111111111 FRO}{: LISA STEELE LOCATION: Collier County courthouse FA.X 1{O: (813) 774-8408 ~ PHONE 'NO: (813) 774 -8406_ Time sent: No';ember 23, 1998 Hs. Pam Purell Naples Daily News 1075 Central Avenue Naples, Florida 34102 Ordinance amending Ordinance 90-111 regarding the Pelican Bay :.:~:nicipal Service Taxing D,2a r Pam: Please advertise the above referenced notice one time on Friday, December 4, 1998, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Lisa Steele, Deputy Clerk Purchase No. I09-182601--649100-0 NOTICE OF INTENT TO CONSIDER ORDINANCE r~onice is hereby given that on TUESDAY, DECEMBER 15, 1998, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of Co,~nky Commissi. oners will con:Jider tho enactmenL eL a County Ordinance. The meeting will commence at 9:00 A.M. The title of the propo.~sed Ordinance is as follows: A:i ORDINANCE ;d4ENDING COLLIER COUNTY ORDINANCE NO. 90-111, AS Ai':E~',~DED, ?IHIC~{ CRE;:TED THE PELICAN BAY ldUN[CIPA[, SERVICE TAXING AND 5E['/EFIT UNIT; ;ddENDING SECTION SEVEN TO PROVIDE F(}R T~{E REDUCTION OF THE SIZE OF 'FIFE PELICAN BAY MUIqICIPAL SERVICES TAXING AND EE[qEFIT UNIT ADVISORY CON~dITTEE; ;~ENDING SECTION ELEVEN TO PROVIDE FQR A REDUCTIOn; I~l 'Fife [lUMBER OF MEMBERS Rb;O{JIEED FOR A QUORUM AF~D TG CONDUCT BUSINESS AND TO TAKE ACTION; PROVIDING EOR INCLUSION IN CODE OF LAWS AND ORDINAHCES; PROVIDING FOR CONFLICT; PROVIIDNG FOR SEVERABILTIY; AND PROVIDING FOR AN EFFECTIVE DATE. Copie:~ o£ the proposed Ordinance a:'e on file with the Clerk [o the Board and are available for inspection. Ali. interest:ed parties are invited to at5end and be heard. NOTE: Al ! persons wi:-~hing to .speak or: any aqenda item must register with :):e C~Junty administrator pr~or r_o presentation of the agenda item to be ,,'ddressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an ©rgani:'.ation or group is encouraged. If recognized by the Chairman, a spoke::;per.son for a group or organization may be allotted 10 minutes to speak ,~.n an item. Pq. rsons wishing to have writr, en or graphic materials included in the B,.>~rd agenda packezs must submit said ma!;erial a minimum of 3 weeks prior %0 the respective public hearing. In arty case, written materials inten¢ied ~o be considered by the Board shall be submitted to the appropriaLe County staff a minimum of seven days prior to the public heari:~.(~. All material used in presentations before the Board will become a permanent part of the record. ..'..ny person who decides to appeal a deci:u[on off the Board will a rec,~'ct of the proceedi~tgs peutaining ~heretto to ensure that a verba~.im record of ~he proceedings .i:; made, wh.ich record includes thp Lestimony and evidence based. BOAR[) GF CGUNTY COMI4TSSTONER.% COLLIER COUNTY, FLORIDA BARBARA B. BERRY, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Lisa Steele, Deputy Clerk (SEAL) ¢)I~I)INAN(~E N(). 9X- :\N ()I~I)IN:\N('E ,,\311(NI)iN('; COI,I,II,:I{ (;()lINTY ()I{I)IN:\N(~E NO. 90-111, .,\S ANIENI)i,:I), \VIIICII (~I~I'bVI'EI) Till,; I'EI.I(L,\N BAY MIINI(~II',\I. S EI{VI(:I.: TAXIN(; ANI) IIENI,:FIT [JNI'I'; A:%II.:NI)IN(; SECTION SEVEN TC) i'ROVII)I,: F()R TIlE III':I)t~(;TIf)N ()F TIlE SIZE ()F TIlE I'I".I,I(;..\N B,\V ~1 UNI(711',,\I, S I(It, VI(~l,~ 'I'AXIN(; ,\ N'I) II I,:N I.:I.TI' UNIT ,.\ I)VISOIU¥ (~() ~I ~11'I'TI,:I.:; :\31ENI)IN(; SI.:(FI'ION EI.EVF. N TO l'l~,OVIl)l,~ FOP, :\ I~,I,:I)tJ(;'I'ION IN *I'IIE NtIMIII,:I~, OF 31E;%II~EI~,S I~,I(QI;IIIEI) FOI), ,\ (.)t~()Rt;~l AND TO ('ONI)U(FI' IllISINES.N AND T() 'I',.\1,~1.~ A('TI()N~ I'I~()VII)IN(~ F()I{ I.N(~I,USI()N IN ('()I)E ()F I,AWS ,,\NI) ()I),I)IN,\N(~ES; I'I,t()VIDIN(; FOI), (~()NI:I.I(~'I'; PPt¢)VII)IN(; I,'O i~, S I,~V I.~IL,\ !111,I'I'V; AND PI~OVII)IN(; F()R AN I.~I,'FI,~('TIVE I)ATE. N()\V 'I'III':I.tl.;I.'¢)I,tI.L lie IT ()I~tl)..\INI.:I) IIY Till.: ('()~I:~II.$.'.;I():N'I.:I{S {)1.' ('{)l.l.ll.:l,t ('()ILNTV. I"I.{}1{il}..\. Ih;il: FI':("I'I()N (),N E: ..\mcluhllcnl h~ ."4uclhm .%ex'ch ol'('~)llicr ('~tllllV ()FdJIlaUCC N ~ 111. ;l~ ;imcmlcd. .Sccmm .'..;cron ,1' (',llicr ('(mmv {)rdin;mc¢ No. 0f)-I I I. ;ts ;lmcndccl. is hcrchv SI':("i'I¢)N SEVEN: ('rc~sti(m ~l'li~c PcJiC;ll1 Jill)' Municip;d .'Service 'l';~xitlg ;uul ('~mcurrcnl whh Ibc pass;~:c ,q' llds ()rdim, ncc. ,-t~ 'lee~-(-I-:~t i!_thiyt~'~'I! LlJ) mcmhcr mh'ism'v c,mmincc kn.w,~ :,s Ibc Pclicm~ I~;:~v rxluuiC'ilXd Service Taxing and [h.'ncl]l l;llil .,\dvi~,rv ('~um'nillcc (hcrchmlicr "('~munillcc") ~:¢ hcl'chv crc;lied. · k;l'l("l'l¢).N 'I'W(): .'\mcndmcm Io .'Sccli,n t[Icvcn cq'Collicr (',unlv ()rdin;mcc N,. On- I I l, ;~s ;mlCndL, tJ. Sccli(m ILIcvcn (d' ('-Ilicr (.'tmnlv (')rdm:mcc No. ~)()-I I I, ;~s :tmcmlcd. i>¢ hcrchv ;tlllClltJCd ;tS SI':("I'I()N I':I.EVEN: ()l'l~ccrs; (.)IIt~FHI11; Rules ot'l)mccdurc, .'\) .'\l ils c;lrlicsl t~l'~pc'ff'ItlTIil~'' thc mcmhcrship of ~l~u commil~cc sh;dl clod ;~ ch;m'm:m :md vice ch:drm;m l'mm aTU,m~ Ibc mcmhcrs. ()l'liccrs' terms shall hc Ibr one [l) >'cra', wifl~ cli~ilfilily Ii~r rc-clccli~n. Ill Thc prc.~cncc ~1' ei~h;-(~,l ~:~_'_CI1 (~) ~I' Im~l'c mcmhcrs dmtl ;.Idhi(m. ;m ;~l'l~rm;~livc v~Ic o1' ei~hI-(~) or-more ;LJJI~j~ of Ibc zncmhcr~ prcsunI shull hc neccssarv in order to take action, reg, aedleg~ [IIQfC nlc~rs proart sha!~c required I9 ;l~pl thc Iludgct fi)r Ibc LMiI, (') 'l't~c C'ommiltcc shall, hv m;t orily vote of' Iht CTllirc mcmhcrship. adopt rulcs of procedure fi)r ibc [rml~lclion meetings, rcsolulions, fimlings and SKCTIONI.'OUR: h~clusioninCodcofl.awsandOrdin;mccs Thc provisim~s ol' II,is Ordinance shall hccomc and hc made a parl of Iht I.awsand OrdimulCcsol'CoIlicr County. Florida. Thescclionsoflhcordinancc mavhc rcnumhcrcd or rclctlcrcd Io ;~ccomplish such. and thc word "ordin;mcc" may hc chan~cd h) "scclion", "arlicIc", or :my olhcr appropri;~lc word. ~I';C'i'ION FIVE: ('onflict and Scvcr:~hilhv. In Ibc cvcnl this ()rdin:mcc conflicts xx or t~lhcr applicable law, Ibc morc rcstriclivc shall apply. If any phr;~sc or porlion of this Ordhmncc is hcld inv;did or unconslilmion;fl hv :my couM of'competent jurisdiction s~ch porlJon shall hc dccmcd ;~ scpar~flc. (listinc~ ;md indcpcndcnl provision and such sh;~II not aFl~cl Ibc vMidily ~d'lhc rcm;finin$; porlion. ~I';CTION SIX: Ef'l~ctivc Date This Ordin:mcc shMI hccm~c cFl~ctivc t4~on Illing with I)cl)arlmcn PASSEl) ANI) I)UI,Y AI)OPTI.~D hy thc Board ol'('mmty C'ollicr County, FMrkla. lhis ~ dayol'~ ....... , ATTI~ST: IIO..XItI) OF COUNTY COMMISSIONERS I)WIGI IT H. t'IROCK, ('I.ERK COI.I.IER COUNTY, FI.OI~IDA \Vord.s l, llldcdiltcd ;irc additions, x,~ords slru~3k-throklgh arc deletions. ORI)INANCE NO. 98- !13 AN ()RI)INANCE AMENDING COLLIER COUNTY ORI)INANCE NO. 90-111. ,.kS AMENDED, WIIICI! (;REATEI) TIlE I'EI.IC,,\N liAY MUNICII'AI. SERVICE TAXING AND BENEFIT UNIT; .,\MENI)ING SECTION SEVEN TO PROVil)E I:()1-~ TIlE REi)UCTION ()F TIlE SIZE OF TIlE I'EI.I('AN BAY MUNI('II'AI. SERVICE TAXIN(; ANI) IIENEFIT UNIT AI)VISORY COMMITTEE; AMI.;NI)IN(; SI.X?TION EI.EVEN TO I)ROVII)E !:OI4 A REI)UCTION IN TIlE NUMBER OF MEMBERS REQUIREI) FOR A QUORUM AND TO CONI)UC*I' IIUSINESS AND T()TAKE :\CTION; F'IIOVII)IN(; I:O1,, INCI.I. YSION IN ('OI)E OF I.AWS AND ()I,',I)INANCES; PROVII)ING FOil CONFI.I(71' AND SEV EIL.\IH I A'I'Y: AND F'ROVII)IN(; FOl,t AN I'~FFE('TIVE I)ATE. N()\",' q'IIERI-;I.'()RE. IH.: IT ()I{I)..\INEI) BV TIlE BOARI) ()F ('()UNT'I' ('O,\IMISSIONEIIS OF ('()l.l.IER ('()I;NTY. FIA}Rll)A, that: SE('TION ONE: .,\mcndmcnt m Section Seven ol'Co}licr ('otmlv Ordinance I 1 I. ',m mncntlcd. .";cction Seven of ('oilier ('ountv ()rdtn;mcc No. 90-1 I I. its ;Hucmlcd. is hcrcbx amended as I'olhm's: SI'X;TIONSEVEN: ('rcalhmol'thcl'clic;m Bay Municipal .qcrx'icc'l':~×ing and Benefit t.;nit adx isc, rv ('ommiltcc. ('oncurrcnl with Ibc F, aSsagc o1' this Ordimmcc. ~ nlCmhcr advisory COTnmittce km~xvn ;is thc Pclican Bay Municipal Set\icc l'axing ;tild l~Cllcl]l Ullit Advisory ('ommiucc (hcrcinaticr "('Ollllllillcc") hcrchv SECTION 'I"~VO: Alnclldnlclll to Section Elcx'cn of('ollicr ('ouiuy Ordinance 90- I I I. ils ;llllcil{.Icd. Section Eleven of ('ollicr ('oumv {)rdinanc¢ 540. 90-111, ;is ;tmcndcd. is hcrdw :m'lcndcd as lblh',ws: SECTION EI,E\'I(N: Ol'ficcrs:Quorum;RulcsoFProccdurc. ,'\) :\1 its carlicsl opFmrlunhy' thc membership ~1' Ibc ctmuniticc shall elect a cJlairlllall m~d vice chairman J'rolll HIllOlI~ lite IllClllbcrs. ()flqccrs' terms shall bc for one {1) year. with eligibility Ibr re-election. Thc presence of ,--4-~!tl IS) $¢VClI (.7) or more members shall CoIlSliltll¢ a qtlt)rlllll O1' thc ('ollllBittcc II¢cessary lo take action and transact business. In addilion, an aflirmativc ','otc o1' e/ghl 18} or-me, re a m~iori[y of thc mcmbcrs present shall Words [iLtdcrling,,l arc add/lions, vior,Js .~ru-d.t-4hrou. gh arc dclctitms. hc necessary in ordcr Io take action, regard-!es~s of :vhe:her eigh! (g) fl~'e4.-.qm:.~p~ee i~r~rer~{ :~ met:lng, except that all affirmative vote of scvgl1 more members present shall be required to adopt thc Budget [hr thc Unit, C) The Committee shall, hv ma.jority vole of linc cnlirc membership. adOpl rules ot' procedure Ibr the IransaclJon of business and shall keep a record of meetings, resolutions, findings and determinations. SECTION FOUR: h~ctusioninCodcofl.awsandOrdinances Thc provisions of II, is Ordimmcc shall bcconl¢ and be made a part of thc ('ode of l.aws ;mtl ()rdinanccs tfl' ('oilier ('otnlty. Florida. Thc SeCliOns o1' thc ordinance may hc rcnumbcrcd or rclcHcrcd Io acconlp]is}l such. ;uld [he word "ordinance" may bc changed m "section". "article", or any off,er approprialc word. SE~C'i'ION FIVE: ('onllicJ and Scverabililv. In Ibc CVmll Ibis ()rdJllallCe conllicls with aHv other ordinance of Collier ('OUIIIV or OJ]ler applicable law, Iht more rcslrJcJJvc shill] ilppJy. I[ally phr;lsc or portion ol'lJliS C)rcJillallCC is held illV~lJid or tlllCOllSliltlliOll,,ll bv ;lily cotlrl (/[ compclcnl p~r'tion shall be deemed a separate, dislinct and independent provision and such holding shall not al'I~cl file validity oJ'ihc remaining portion. SECTION SIX: I]l'l~clJvc [);lie This Ordinance shall become ct'tgcfivc LlpOil filing wJlJl [)cpm'Inl¢nl PASSEl) ANI) I)UI,Y AI)OPT[I) by lhe Board of ('OLIll[y ('tmnnissioners (.'oilier ('ounly. Florida. tiffs __~="L ..... day o1'~.~. ,-k'I'I'EST: BO.,kRI) OF COUNTY (70~I,~IISSIONKRS I)WIGIIT E. BROCK. C'I.ERK COI.I.IHR COUNTY, FI.ORIDA Att/;,St ,t~ to Ch~tt'~r~ , · '\J)provCd ;.IS IO l'orLlf legal SLII'fiCiCllCV: David \Vcigel, County AttorT~ey Words underlined are additions. ~ords strt:ck :!:rough arc deletions. STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E BROCK, Clerk of Courts in and for the 'Pwentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 98-113 W~ich was adopted by the Board of Cou~]ty Commissioners on the 15th day of December, 1998, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 16th day of December, 1998. DWIGHT E. BROCK · Clerk of Courts and Cl'erk Ex-officio to Board?~f' County CommissionDrs Naples Daily News Naples, FL 34102 Affidavit of Publication Naples Daily News BOARD OF COUNTY COHH[SSIONERS ATTN: MIATTA SlRLEAF PO BOX 413016 NAPLES FL 34101-3016 REFERENCE: 001230 #001-121110 57790113 HORRS iSLAND NOTICE State of Florida County of Collier Before the undersigned authority, personally appeared John Taylor, who on oath says that he serves as Assistant Controm. le, of the News, a daily newspaper published at Nap'les, in Collier County, Florida: that the attached copy o.f adv.ertising was published in said newspaper on Gates Listed, Affiant further says that the said Naples Daily News is a newspaper published al: 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 coporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 12/04 AD SPACE: 116.000 iNCH FILED ON: 12/04/98 Signature of Affiant Sworn to and Subscribed,be/O/re me this,.'//~T~L' day o/f/Z-~ f.'(. Personally known by me ~//~t(~,4C~y'. ! _,,~'6~ 0110 ORmN CES AND PETIT]ONS HORR'S ISLAND NOTICE OF INTENT TO CONSIDER O~DIN~NCE DECEMBER 15, t~, AN O~DINAtlCE CRE. ATINO ~N~ J-I~HINO THE O00OLAND'HORR'5 ISLAND FI~E CON. TROL DISTRICT: PRO. VII)lNG F-OR TITLL AND CITATION. ','IDIN G FOR THE CO~J~TRtJ( T CN' Pe0 '.'IDINO ~O~ CON. 5~ON JPi l HE CODE mOV ~ a~Joffed 10 min- [~O~RD OF COUNTY COMMISSION/~ S COLLIE~ COUNTY FLORIDA ' BARBARA U. BE~Y, CHAIRMAN DWIGHT E, BROCK, CLERK Depu~ Clerk December 4 No. 131~44 COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC ItEARINGS To: Clerk Io Ihc Board: Please place Ihe follo~'ing as a: X Nom'~al legal Advertisement (Display Adv.. location, etc.) [] Other: Originating l)cpt.' I)iv: Support Services Div. Person: Leo E. Ochs Date: 12/2/98 Petition No. (Il' mme. give brief'description): Petitioner: (Name & Address): Name & Address of any pcrsml(s) to, he notified h:' (.'fork's Ofl icc: (I f more space is needed, altach separate shccll l leafing bcfbrc XX IICC HZA Requestedlicaringdate:(Bascdonadvcrt~scmcntappcarmg 10da~sbclbrchearing. 12/15/98 Newspaper(si m be used: (Complete only if important): x Naples Daily News ~ Other ~ I.cgally Required ProposedTcxt: (I clud~le~aldescription~commonlocation& gize: AN ORDINANCE CRi{ATiNG ANDESTAiJI,iSiilNG GOODLAND/tI()RR'g IgI,AND FIRE CONFRO[. DISTRICT; PROVIDING FOR TITLE AND CITATION; PROVH)ING [3OUNI)ARH~g ()I: TI[i-: D/STRICT; PROVIDING FOR '['IH~ CREA'['[ON AND ESFAI~I,[gIiMENT O[' TIlE DISTRICT; PROVIDING F()R F[II{G()VERNiNG~OARD. P()WERSANDD[U,[Eg; I'ROVH)IN(] F~)RCr)Ng'IRU(''-ION: PROVIDING F'OR CONFLI(U ANI) gEVI~RAI3[[,F['y; PROVIDING FOR INCIAfSI()N IN 'DIE COI)~{ ()F I.AWN AND ORDINANCEg; AND PROVIDING AN [ff:FECTIVE DATE. Companion pet ion(s) if any & proposed hearing date: N/A Does Petition l"ceincludeadve~isingcosl?~ Yes X No IfYcs. what account should be chnrged fi>radvenisingcosts: 001-121110 i~sion Administrator or Designee Dale 'Lit ~s Attachments: DISTRIBUTION ISSTRUCTIOSS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtaiu Division tlead approval before submitting to County Manager. Nole: Iflegaldocument isinvoh,ed, be sure that anv necessary legal review, orrequest for same, is submitted to County Atlornev before submitting to County Manager. T~e Manager's office will distribute copies: ' ' · [] County Manager agenda file: Io Clerk's Office [] Requesting I)ivision [] Original B. Other hearings: Initiating Division head m approve and submit original to Clerk's Office, retaining a copy for tile. Date Received: ../~j._~ Date of I'ublic hearing: Dale Advertised: ' ''~ NAPLES DA II.y .YEWS ~ I~tO: 263-4703 · ~: LISA STEELE (941) 774-8406 2?8 December 2, 1.998 Ms. Pam Petrel]. Naples Daily News 1075 Central Avenue Naples, Florida 34102 Ne: Gec~dland/Horr's island Fire Control Dist:ricL Dear Pam: Please advertise the above refere:]ced notice one time on Friday, December 4, 1.998 and kindly send the Affidavit of Publication, in dup!icaze, together with charges involved to this office. Thank you. Sincerely, Lisa Steele, Deputy Clerk Purchase No. 001-121110 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice i.s hereby given that on ~ESDAY, DECEMI3ER 15, 1.998, in the Boardroom, 3rd Floor, ?:dminisr. ration 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 a~ 9:00 A.H. Ti~e ii[lo o£ the proposed Ordinance is as follows: AN ORDINANCE CREATING AND ESTABLISHING THE GOODLA;q;)/wOR~,S rSLAND ~rlN. E CONTROL DiSTRiC'F; PROVID.~i.~G FOR I iTLE AND CIT..YI'ION; PROVIDING BOUi'ii.;'ARIES OF THE DISTRICT; PROVIDING FOR THE CREATION AND E~':'r~LiSHHENT OF THE DISTRICT; PROVIDING FOR THE qnVEpN-rNG ;~- , POWER.~ ~:~) DU'PiES; PROVIDING FOR CONSTRUCTION; PROVI. DiNG FOR CONFLICT AND SEVEPAB/LTy; PNOV!DiNG FOR INCLUSION IN THN CODE OF LAWS AND OP. DINANCES; AND PRC)VIDING AN EFFECTIVE DATE. Copies o' "the prooo:;c.d Orciinance are on ~ile ,.'it?, thc, C]---'* Board a:-.d are available ::or inspechio::. All inter-estc:~] part-.i,,:; are inviaed to attend and be heard. -' NOTE: Al ~ .)~,~-.,.~., . , ~ - : ......... s '.';Istli:ig tO speak on any agenda i tom rnusL rc.~;isteu with the Courtly admini:~rator rior tto es ' . ~..-- pr entation of ~he agexda ts_em [e be addressed, individ~al speakers w{ii be limited ue 5 min~:tes on any item. The selection of an individual to speak on behai~' e': an organization er group is encouraged. If recognized by the C]~airman, a spokespersen fer a gro~:p er erganizaz;en may be a[ietted l0 minutes tn speak on an i Eefn. - -. Persons wishincj to have written or graphic materials included ir: the Beard agenda packets mush subr:it said material a minimum ef 3 weeks prior r_o the respective ['-,~blic hearing, in an;}, ca.'-;e, writtten materials inhended Le be considered bv the Noard shall be submitted appreprlahe County staff a minimum of seven days prier te the public hearing. Al! material used in presentations befere th{} Board will become a permanent, part of the record. Any person who decic]es Co appeal a decision of Lbo Board '...'ill ::eeci a record of the proceedings pertaining thereto and uherefioro, may need to ensure. Lhat a verbatim record of r_he proceedingr; is; macto, which record includes the testimony and ,-,,;idence upon which the appent is based. '- ' ' BOARD OF COUNTY COIG4ISSIONERS COLLIER COUNTY, FLORIDA BARBARA E. BERRY, CHAIRb~N DWIGHT E. BROCK, CLERK By: /s/Lisa Steele, Deputy Clerk { SEAL ) ORI)INANCE NO. 98- AN ORI)INANCE CREATING AND ES'F/~BIASIIING TIlE GOOI)I.ANI) / IIORR'S ISI.ANI) FIRF` CONTROl. DISTRICT; I'ROVIDIN(; FOIl TI'FIA.~ AND CITATION; I'IZOVll)ING BOUNDARIF,S OF TIIF, DISTRICT; PROVll)ING FOR TIIF, CREATION AND F`STABLISIIMI'~NT OF TIIF` I~IS'I'RICT; PROVIDING FOR 'Fill': GOVERNING BOARD, PO\~,ERS AND I)UTIF`S; I'I~OVII)ING FOR CONSTRUCTION; F'ROVII)ING FOR INCLUSION IN COI)F. OF I.A",VS AND ORDINANCES; I'I~O\'IDIN(; FOlk CONFI,ICT AND SEVF'RABILITY; ANI) PROVll)I NG AN F, FFECTI VF` I),.\TE. \VItEREAS. upon thc incorporation o£ fl:c City of Marco Island, risc Board of County Commissioners has determined thal it is m thc best inlcrcsts of Ibc rcsidcnts of Goodland and llorr's Island and thc citizens of Collier County that a llrc control district for and comprising thc area known as Goodland and I loft's Island bc created and cstahlishcd NOW.'HIERISFORE. BE H' ORDAINED BY '['lll] BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FI.ORIDA that: SECTION ONE: TH'I.E AND CITATION This Ordinm~cc shall bc known as thc "GoodLmd / [lords Island Fi~c Conrail I)islr:cl ' SECTION TWO: HOUNDARIES OF TIlE DISTRICT Thc Goodland / llorr's Island Fire Conlrol Dis~Ecl {s hereby created whiff, thc boundaries described as follows: '['hat pt~rlttm o1' Sccllo~ls IN and 19, Tm~nship 52 South, Ra[tgc 27 Collier Courtly. Florida lying so.th of (;oodin.d Bay, west oF Coon Kcx Pass ami north of' Ilhlc l liil ('reck, commofdv km~xxn as Goodlaml: AND That porlmn of "llon's fsi:md A K ..X Kev Marco" as recorded m Plat Book 2 I. pages 5 lhrouEh 19. Ptdflic Records of Collier County. Florida. lying south o[l)luc I lill Crock SECTION 'FIIIU~E: CREATION AND I~S'FAI~I.ISI [MENT OF TI IE DISTRICT Pursuant to Scclion 12501. Florida Stalutcs. there is hereby created and established thc Goodland / I loft's Island Fire Control District SECTION FOUR: GOVERNING I~OARI); I'OWISRS AND DUTIES: A. Thc governing board of thc district shall bc t}~c Board of County Commissioners xvilh thc power and duty to conduct thc alEfirs of thc district with thc powers prescribed by Section 12fi.0l(l)(q). Florida Statutes. mcludir~g, but nol limited to. thc power to equip, operate and mainlam fire department smxiccs within linc district: to buy. lease, sell. exchange, or otherwise acquire, hold and dispose of cqmpmcnt and olhcr personal or real property; lo employ and discharge CmlflOyCCs ami authorize them lo enter upon private and public property at reasonable times lo respect, combat and investigate possible and actual fire Paffc Iof2 hazards and occurrences: t'o promul~alc rules and rc~ulalJons ~or thc prcvcmion and con~rol of f~rc and Io otherwise prolcct persons and property x~ ithin thc district. B Llpon adoption of thc dismct bud~c~ bx thc Board St shall cause Iht budget to be rccordccl m Iht Board minutes and shall cause to bc Icxicd on all property wilhin Iht district a millage su~cicnt to fired thc budget not cxcccdmg two mills in any one year to bc assessed and collected as though counly taxes. C. Thc Board of County Commissioners shM] cause to (]) Issued all warrants Ibr services, cquipmcnl, materials and other cxp~nscs mcurr~d by thc district and approved fi~r [mymcnt by tl~ L,.OVCrning board. (2) On or b~forc thc end of each fiscal yc;u ;m amlua] rcl~On of thc receipts and expenditures ofIl~c dislrict as required by Chapter 21X, Pa~ II, Florida SECTION FIVE: CONSTRUCTION: This Ordinance shall he lib~rMIv construed to elTcctunt¢ its public pt~rposc SECT/ON SIX: INCI.USION IN TIlE CODE OE I.AWS ANI) ORDINANCE Thc provisions of this Ordi~mncc sl~a[1 become and bc made a part oF thc Code oF I.aws and Ordinances of C'~flhcr County. Florida. Thc sccmms of Ibc Ordinance amy bc rcnumbcrcd or re-lettered lo accomplish SIICh, 3lid IbC word "ordinance' may bc chnngcd lo "scclion.' "article," or any other appropriate word SECTION SEVEN: CONFI.ICT .,~NI) SEVER..XI~II.ITV In thc c~unt dns Orditmncc co~/]tcts ~uh any otl~cr Ordinance oF Collier County or other applicable Igw, thc more rcsmclivc shall apply If;my phrase or portion of Ibc Ordinance is held invM~d or tmconslHt~honal b~ ~' court of co~npclctH ~nlJg(l~c[iot~. Sllch porlion shall be deemed a separate, distinct and independent provision and s.ch hokting shall not aflL'ct d~c validity of thc remaining portion SECTION EIGI iT: EFFECTIVE DATE ~is Ordinance shall become efl~ctwe upon filing with thc Depamnent PASSED AND DULY ADOPTi]D by lieu Board of County Commissioners of' Collier County, Florida. this day o~ . I ATFE£T: D\VIGI tT 1:'. BROCK. Clerk FIO..\ P,D OF COUNTY COMMISSIONERS C¢)[.1.1ER COUNTY, FLORIDA Approved as to form and legal s,l'ficiuncy: David C \Vcigcl - d~J--- County Attorney B,,\ R BAIL,\ B. BERRY, Chairman Page 2 of 2 ORDINANCE ~N'O. 98- I ].4 AN ORDINANCE CRE..'CI'I,\'(; :\,\'1) ESTA, BLISIIIN(; TIlE GOODI.AND / IIORR'S ISI.ANI) I-'IRE CONTROl. DISTRICT; PROVIDING FOR TITI.E ANI) CITATION; PROVIDING BOUNDARIES OF TIlE DISTRICT; PROVIDING FOR TIlE CREATION ^RI) ESTABI.I.~IIMENT OF TIlE I)ISTRICT; PROVIDING FOR TIlE GOVERNING BOARD, POWERS A. ND DUTIES; PI?,OVIDIN(; FOR C(),'~'STI,~UCTION; PROVIDING FOR INCLUSION IN CODE OF I.:\WS AND ORDINANCES; PROVII)ING FOR CONFI.ICT ANI) SEVERABII. ITY; AND PROVIDING AN EFFt':CTIVE I)ATE. WI IEREAS. upon thc incorl)or~tio~~ of ~hc Cra, of Nlar¢o Island. thc Board of County Commissioners has dclcrmincd Ihal il is in ll~e bcsl in~cr~'sls of Ibc residents of Goodland and Ilorr's Island and Iht citizens ol'Collicr ('ounl~ Ih:H a fire control d~slricl Ibr and comprising Ibc area kno~n as Goodland and Itorr's Island bc crca~cd and cst;fl~lishcd NOW, TIIER~WORE. 13E IT ORI)AINED I~' TIlE I]OARD OF COUNTY CONI,~IISSIONERS OF COLLIER COUNTY, FLORIDA SECTION ONE: TITI.E AND CIT,,VI'ION This Ordinance, sh:fll bc kno~n ;is Iht "G~odl:md / I Iorr's Island Fire Conlrol D~slricl." SECTION ~%VO: BOUNDARIES OF TI IE DISTRICT Thc Good/and / I lorr's lsl:md Fire Con~rol I)~s:rict is hereby created ~ilhin thc boundaries d~'scribcd as Follows; 'l'h;~ porl~on ol'Scctions I~ arid IU. 'l'o~slfil~ 52 South, Range 27 East. Collier CotnHy. Florida lying south ol'Goodl:md Bay. wc'st oF Coon Kev Pass :md north o1' l~l~:c I lill ('reck. commonl) knt)~ll ;Is Goodl;md: AND Thai portion of "l[~rr's IsLmd A K A Kc~ ,~h~rco' as recorded m Plat Book 2 I. I)a~'s 5 lhrou~h 1~). Pubhc Records oF Cc.llicr ('ounly, Florida. lying south ol'lJlL~c Ilill Crock SECTION '['1 IREE; CI(EATION AND I(S'F,.XlILISI I,Xl ENT OF TI IE I)ISTR ICT Pursuam to Section 12501. Florida gl:~tulcs. Ihcrc is h~'rcbv created and established Ibc Goodland / I Iorr's Island Fire Control I)islricl SECTION FOUR; GOVERNING HOAI(D. I~OWERS ANI) A. Thc govermng board of thc dislric'l sh:fll bc tl~c I]oard of Cotmtv Commissmncrs with thc poxver and duty to conduct tll~ all,firs of tl~c district with thc powers prescribed by 125.0 I(1)(q). Florid:~ Statutes, including, bul nol limited to, thc power to equip, operate and maintain fire department st'trices x~thm thc district; to buy, lease, sell. exchange, or otherwise acquire, hold and dispose of cquipmk, nl and othe'r personal or real property; to property ;~t rcasonabl~ times Io respect, comb:~t and i~cstigatc possihlc ;md actual fire Page I o['2 hazards and occurrences: to promulgate ruK's :md regulations Ibr Iht prc~cmmn and control of fire and ~o ~lhc~sc pro,cci persons ;md propcrIy ~iflfin [l~c dislricL B. Upon adoption cffthc district budget by thc Board it shall cause thc budget to bc recorded in linc Board IlIHILIICS alld sh:fll cause to bc lex lcd on all property within thc district a millage sul~cicnt 1o fired Iht budget not cxcccdm~ t~o mills in any one )car to bc assessed and collected as though counl~ C Thc Board ol'Counly Commissioners sh'.LII c:msc (I) Issued all ~arrants fbr scrxiccs, cquipntcnL materials and other expenses incurred b) thc district and approved Ibr payment by thc goxcrnmg board (2) On or bclk~rc thc end of each fiscal }cm-:m mmual report of thc receipts and expenditures of thc district as required by ('h:q~tcr SECTION FIVE ('ONS'I'RtI('TION This O~dm:mcc shall bc libcralI)col~strucd to cl']~'ctttatc its public purpose SECTION SIX: INCLUSION IN '['tie CODE OF I.AWS AND ORDINANCE Thc prov~smns of tlUs ()rdm;mcc shall bccumc ami bc made a i)arl of thc Code of l.a~s and Ordinances of Colhcr Count7. Florida. Thc scctmns oF thc Ordm:mcc ma~ bc rcnumbcrcd or re-lettered to accomplish such. and thc ~(,rd appropriate ~ ord. SECTION SEVEN CONFI.ICTANI) SI~VERAI]Ii.iTY In thc event tiffs Ordll13ncc conllicts ~lh :my other Ordinance oF Collier Courtly or other apphcablclaw, thc morcrcstricti~c shallappl7 IFan~ pht:~scor port,on of thc Ordmnncc is held invalid O[ tH~COIIglJttlJlOJlal I)N ;Ill~ courl of competent jur~sdicticm, such portion shall bc dccmcd a separate. d~stmct and independent pro~sion and such holding sh;fl] not at'lZ'ct thc validil~ of thc remaining pomon SECTION EIGI IT. [~VFECTIVI~ DATE This Ordinano; shall become cl'fcclwc upon filing xkith thc I)cpartmcnt of Slate PASSED ANI) DUI.Y AI)Olrl'l]l) by thc Bo:u-d of ('otltlty Cmnmissmncrs of Collier Cotl~ly. Florida, this ,~_ d:t7 of _ ~,.~(~,,~... A'I'I'ES'I': DWIGIITE l]RO('K.('lc~k :3 :,'j;, !. ~ L. -.. Appro,,cd as to form and legal sul'l'~cicnc,, David C \Vcigcl County Attor~lcy II().,\RD OF COUNTY COMMISSIONERS ('OI.I.II!R C()LINTY. I:I.OI(II)A Page 2 o]'2 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. 98-114 Which was adopted by the Board of County Commissioners on the 15th day of December, 1998, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 16th day of December, 1998. DWIGHT E. BROCK ,. .... .. Clerk of Courts and clerk ". Ex-officio to Board'of'.:" County Commie,s ( Y: Maureen Kenyon / Deputy Clerk Naples Daily News Naples, FL 34102 Affidavit of Publication Naples Daily Hews BOARD OF COUNTY COHMISSIONERS ATTN: MIATTA SiRLEAF PO BOX 413016 NAPLES FL 34101-3016 REFERENCE: 001230 912501 57786719 ASW-98-1 NOTICE OF P State of Florida County of Collier Before the undersigned authority, personally appeared John Taylor, who on oath says that he serves as Assistant Controller 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 Uaples, in said Collier County, FloFida, 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 coporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 11/29 AD SPACE: 102.000 INCH FILED ON: 11/30/98 Sworn to and Subscribed b~for.~ m~ this .__~_l day of /~iC-~ 19q~ ASW.98. I NOTICE OF PUBLIC HEARING Notice t5 hereby given that the Board of Counh/ Commissioners o¢ Collier County will hold o public hearing on TUESDAY DECEMBER IS,- 1998, the Boardroom, .~rd Foor Administration Building, Collier County GOvernment Center 330~ East Tomlomi ~roll, NODles, Florida. The meeting will begin ~ 9:~ The B~rd will c~5id. ~r Petition No ASW.98 1, Blair A. Foley P E. o~ C~slo Eng neerlng Con. ~ullo~t5, Inc., represent. lng Anthony Volgt, re~ue~flng a 400 lion of 5~ feet between aufDm~ile servi~e sta. HOnS for Pr~ertv ~o(~ed ~ ~24 Tomlaml Trail lOt5 I through 10 and lot5 mintsh otor PRIOR fo be HmJted Io 5 minute5 olloHed TO mdn~es to musf submit s~ld al a minimum ol 2 weeks intended ~o be c~sJd. ere~ by the ~rd ~haJl be Submi~ed to the ~. pr,~rJ~e County st~ o retore, may need to Cord Jnclud~ the BOARD OF COUNTY COM,MISSIONER S COLLIER COUNTy, FLORIDA BARBARA B. BERRY CNAIRMAN DWIGHT E OROCK CLERK ' Deputy Clerk (SEAL) November ~ ~Jo. 1307382 # OF PAGES .... (including this cover) llllliillilllJilllllllilliilillillllliilillilllliillllllllilill / TO: ~o-Y-c-e_z,--./~ _. ----------: LOCATION: FAX NO.: N~ES DALLY NEWS illilllllilI.-"llillllllllllllllllllllllllllllllllillllllillllill FROM: _ LISA STEELE LOCATION: Collier County coUrthoUse FAX NO: (813) 774-8408 : ..--....__. PHO~Z'NO: (813) 774-8406 Day'sent: ~ · Time sent: November 2, 1998 Ms. Joyce Blaizer Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: ASW-98-t Automobile Service Stations Dear Joyce: Please advertise the above referenced notice one time on Sunday, November 22, 1998, and kindly send the Affidavit of Publication, ir: duplicate, together with charges involved to this office. Thank you. Sincerely, Lisa Steele, Deputy Clerk Purchase No. 912501 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Co~nissioners of Collier County, will hold a public hearing on 'INJESDAY, DECEMBER 8, 1998, in the Boardroom, 3rd Floor, Administration Building, Colli'er ~ountY Government Center, 3301 East Tamiami Trail, Naples Florida The meeting will begin at 9:00 A.M. The Board will consider Petition No. ASW-98-1, Blair A. Foley, P.E. of Coastal Engineeering Consultants, Inc., representing Anthony Voigt, requesting a 400 foot waiver from the minimum required separation of 500 feet between automobile service stations for property located 2934 Tamiami Trail East (U.S. 41), luther described as a portion of lots 1 through 10 and lots 36 through 42, Royal Palm Terrace Unit Section 1!, Township 50 South, Range 25 East. ' .N. OTE:All persons wishi~g to speak on any agenda item mu~_:t~ reg[steu the County administrator prior ~o presentatio.n of the agenda L~em t:o be addressed. Individual speakers will be limited to 9 minutes on any i~em. The selection of an individual to speak on behalf organization or group is encouraged. If recognized by t~e Chairma:~, a spokesman for a group or organization may be allotted 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. Ail material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of u,he 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. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BARBARA B. BERRY, CHAIR~N DWIGHT E. BROCK, CLERK By: /s/Lisa Steele, Deputy Clerk ( SEAL ) November 12, 199~ Ms. Pam Perrell Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: NoT. ice of Public Hearing to Consider Petition Automobile Service Stations Dear Pam: The above referenced petition was originally scheduled for adveu~ising on November 22, 1998. Please kill ~.hat ad ~nd advertise ~his petition one time on Su3~day,. No_vember 29, 1998, a~d send [he At'fidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ellie Hoffman, Deputy Clerk Purchase Order No. 912501 NOTICE OF PUBLIC HEARING Notice is hereby giver] that the Board of County Commissioners of Collier County, will hold a public hearing on TUESDAY, DECEMBER 15, 1998, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trai], Naples, Florida. The meeting will begin at 9:00 A.M. The Board ,,.,'ill consider Petition No. Asw-ga-1, Bi. air A. Foley, P.E. of Coastal Engi~'~eering Consultants, Inc., representing Anthony Voigt, requesting a 400 foot waiver from the minimum required separation 500 feet between automobile service stations for propert:y ]ocatod at 2934 Tamiami Trail East (U.S. 41), further described as a portion of Lots 1 through i0 and Lots 36 through 42, Royal Palm Terrace Unit 1 in Section 11, Township 50 South, Range 25 East. ' NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior Co presentation of ~he 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 spokesman 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 ~;he appropriate County staff a minimum of seven days prior to the public hearing. Ail 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 '~he proceedings pertaining thereto, and ~.herelore, may need to ensure that a verbatim record of the proceedings is made, which record includes the tes~:lmony and evidence upon which t-he appeal is to be based. BOARD OF COUNTY COMI~IISSIONERS COLLIER COUNTY, FLORIDA BARBARA B. BERRY, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/El!lc Hoffman, Deputy Clerk ( SEAL ) COI.LIER COUNTY FLORI REQUEST FOR I.EGAI. ADVERTISING OF PULILIC IIEARINGS T4): Clerk to thc IJo;trd: ])lease pi:icc the £olh)~sin~ NNN Norm:ti legal Ad;'crtlsCnlCni [] Other IDisphly Adv. location. '?C Originalmg Dcpt/[)ix': Comm. Dcv. Scn'/Pl;mlnllg P¢lition No {If none. give brief description): AS~V-gS-I Petitioner: IN:mm & Addrcssl: Amhonv \'oi ,Ig[:_. ~,'q'__)l Tnmi:mU Tr;lil t'~:~lcs FI. Name & Address ofany pcrsonIs) lo bc notified by Clerk's Office: {Il' more space is needed. ;iii;ich scp;Irato shccl} Blair A Foley. P E. Coastal Eng~nccriL1~ Consull:m!5,_lnc, 3 ll)(~ S. tlorscshoc Drix'c~ N_~lcs, [:1~ 3411'14 llcarmgbcforc BCC XXX BZA Olhcr Nmvspnpcrls) Io be used: (Comp/cie olllv if Illlporl;llll): XXX Naples Daily Nc\rs Olhcr [lascd on ;Idvcrliscn:cnl appc;~r~ ng 15 days bcforc hc;Irirlg. [] Leg;dly Required Proposed Text: {Include legal dcscrqxion & common Ioc;mon ,~: Si/c: Petition No. AS\V-gx-I BI;ur A Folcxc~)E of Coast;Il ~?~msull/m~r~sm~tj~ Anthony Vo~rc~a 400 Foot waiver from thc minimtn~aration o~ 500 foci ~lwccn ;mtomobilc sen'ice Stnlions fo~~ located al 2934 Tami;imi Trml Has--further descried as a ~nion o[I.ots Ihro~h lO--nd l.ols Y6 lhroug!~ ~. Rov;fl Pnhn Terrace Unil I. in Section II ~o~v~[fi~50 Sout~ 25 EasL Companion pclinon(s), ifanv& proposed hoarin ,,~c: Docs Pclilion Fcc include ;Idvcrtising cost? ~'cs ~ No If h'cs. ~ hat account should bc charged for advertising costs: 113-138312-649110 Division llcad Dale / Courtb' M;magcr Dale Lisl All;lch]Hcnls: I)ISTRIBIFFI()N I N.q,'FR U(J'FI() NS Forhc:u-i.~sbcforeBCCor BZA: inili:llingpcrsunlllCmnldcleonecoy;Lmlobl;Lin Division Ile;id;qq~rovalbefore submitting tn County M:m;l~rr. Nnt¢: If legal dncumcnt is involved, besuretl it any neccssarylegal rcview, orrequest for~amt.'.issulmfitlcdtoCmmty,.Xltorncy hcfnresubmiltink~lo C~mnty,M:ma~cr. Thc 3,1an;Iger'sofficewitldislribute cop~es: [] County 3,1an:~ger ;l~cnda file: Io Clerk's O£~ce [] Requcslin~ I)ivisio,I [] ()ri~inal B. OIhcr hearings: lnili;Hlng Division head lo ;tpprovc :Hid snbmit original Io Clerk's OFfice. rclaining ;~ cop.',' for file. 'ORC! ERK SOFFICE USE ONI Dale Received: [);itc of Public hc;Irin,.,:~- Date Advcrliscd: ~,~,t /~.,'.. Community Devclopmcn! and Environmenlal Services Division Building Review aml Permittit~g ?[att tl t'tt,~ ,g'crl'icc,x Memorandum TO: FROM: DATE: SUBJECT: Mat~rccn Kenyon and Barbara Pcdone Susan Murray, AICP, Chief Planner November 9. 1998 AS W-98-1 The above referenced petition scheduled to appear before the Board on Tuesday, December 8, 1998 as been rescheduled for Tuesday, December 15, 1998. If you have any questions or need further information, please don't hesitate to contact me at 403-2400. Cc: Connie Johnson Advertising File FA~ p^~! pEpp~t,l' NAPLES DAILY NEWS # OF PAGES ELL[E HOFFMAN LOCA~: CO~ C0~ C0URTfIOUSE FAX No: (941) ?~4-s4os PHONE NO: (941) 774-840g November 2, 1998 Anthony Voigt 2891 Tamiami Trail East Naples, FL 34112 Public Hearing to Consider Petition ASW-98-1 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, December 8,1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, November 22,1998. You are invited to attend this public hearing. Sincerely, Lisa Steele, Deputy Clerk Enclosure November 12, 1998 Mr. Anthony Voigt 2891 Tamiami Trail East ~'~aD ~ es FL 341i. 2 Re: Public }{earing to Consider Petition ASW-98-1 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, December 15, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be publishcd the Naples Daily News on Sunday, November 29, 1998. You are invited to ahtend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure November 2, 1998 Blair A.Foley, P.E. Coastal Engineering Consultants, Inc. 3106 S. Horseshoe Drive Naples, FL 34104 Public Hearing to Consider Petition ASW-98-1 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, December 8,1998, as indicazed on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, November 22,1998. You are invited to attend this public heari~g Sincerely, Lisa Steele, Deputy Clerk Enclosure November 12, 1998 Mr. Blair A. Foley, P.E. Coastal Engineering Consultants, 3106 S. Horseshoe Drive Naples, FL 34104 Inc. Re: Public Hearinq to Consider Petition ASW-98-1 Dear Petitioner: Please be advised that the above referenced petition wi. ll be considered by the Board of County Commissioners on Tuesday, December 15, 1998, as indicated on the enclosed nor. ice. The legal notice pertaining to thJs petition will be published the N ap~es Daily News on Sunday, November 29, 1998. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure RESOLUTION NO, 98- RELATING TO PETITION NUMBER ASW-98-t FOR A 400 FOOT WAIVER FROM TI{E MINIMUM ?.EQUIRED SEPARATION OF 500 FEET BETWEEN AUTOMOBILE SERVICE STATIONS FOR PROPERTY HEREII'IAFTER DESCRIBED IN COLLIER COUNTY, ?LOR i DA. WHEREAS, ':he 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 ti~e public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ord. No. 91-102) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting cf variances; and WHEREAS, Subsection 2.6.28.4. of the Land Development Code for the unincorporated area of Collier County empowers the Board of Zoning Appeals to hear requests to waive the minimum required separation of 500 feet between automobile service stations; and WHEREAS, Subsection 2.6.28.4. of the Land Development Code for the unincorporated area of Collier County further provides the criteria by which said evaluation to waive all or part of the minimum distance requirement shall be made; 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 granting the waiver of the 500 foot separation requirement between service stations for a service station located on 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 2.6.28.4. of the Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given an opportunity to be heard by this Board in public meeting assembled and the Board having considered ail matters presented; -l- 1 ?('; NOW, T~n~ BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County, Florida, that: The Petition ASW-98-1 represented by Blair A. Foley, P.E., of '~oas~a~ Engineering Consultants, Inc., on behalf o£ Anthony Voiqt, with respect to the property hereinafter described as: A portion of Lots 1 through 10 and Lots 36 throuoh 42, Royal Palm Terrace Unit !, as recorded in Piat Book !, Page 35, of the Public Records of Collier County, Florida. be and the same hereby is approved for a waiver of 400 ~ = ~e~.t from the minimum separation requLremen~ for service stations of 500 feet oet'...,een the above described property and the lot on which the nearest s .... ce station establishment is ~o . ~ cared, with a re£ult~ng required minimum separation requirement of 100 feet, subject to the following conditions: i. Development of the site shall comply with Section 2.6.28 of the Land Development Code. BE iT RESOLVED that this Resolution relating to Petition Number ASW-~9-: be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this __ _ day of , 1998. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BARBARA B. BERRY, CHAIRMAN APPROVED AS TO FORM AND LEGAL SUFFICIENCY: . MAR~ ASSISTANT COUNTY ATTORNEY f/ASW- ~ 9 - I -2- RESOLUTION t~O. 98--jq9_ RELATING TO PETITION NUMBER ASW-98-1 FOR A 400 FOOT WAIVER FROM THE MINIMUM REQUIRED SEPARATION OF 500 FEET BETWEEN AUTOMOBILE SERVICE STATIONS FOR PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. ~'THEREAS, 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 thc public; and WHEREAS, the County pursuant thereto has adopted a Land DeveloDment Code {Ord. No. 91-102} which establishes ~egulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, Subsection 2.6.28.4. of the Land Development Code for the unincorporated area of Collier County empowers the Board of Zoning Appeals to hear requests to waive the minimum required separation of 500 feet between automobile service stations; and WHEREAS, Subsection 2.6.28.4. of the Land Development Code for the unincorporated area of Collier County further provides the criteria by which said evaluation to waive all or part of the minimum distance requirement shall be made~ 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 granting the waiver of the 500 foot separation requirement between service stations for a service station located on 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 2.6.28.~. of the Land Development Code for the unincorporated area of Collier County; an{] WHEREAS, all interested parties have been given an 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, Nlorida, that: The Petition ASW-98-1 represented by Blair A. Foley, P.E., of Coastal Engineering Consultants, Inc., on behalf of Anthony Voigt, with respect to tile property hereinafter described as: A portion of Lots 1 through 10 and Lots 36 through 42, Royal Palm Terrace Unit 1, as recorded in Plat Book 1, Page 35, of the Public ~ecords of Collier County, Florida. be and the same hereby is approved for a waiver of 400 feet from the minimum separation requirement for service stations of 500 feet between the above described property and the lot cn which the nearest service station establishment is located, with a resulting required minimum separation requirement of 100 feet, subject to the following conditions: i. D'~'.'~m'~.~'t of the site shall comply with Section 2.6.28 of the Land Development Code. BE IT RESOLVED that this Resolution relating to Petition Number ASW-98-1 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Cone this _n?~__i__ day of ' , !998. ATTEST: ,, DWIGHT E. BROCK, CLERK BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA "APPROVED AS TO POP,['] AND LEGAL SUFF1:C:ENC'f: MARJORIE M. STUDEN'~ -- - ASSISTANT COUNTY ATTORNEY -2-