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Backup Documents 11/24/1998 RREGULAR MEETING OF THE BCC NOVEMBER 24, 1998 NapLes DaiLy News NapLes, FL 3~102 Affidavit of Publication Naples Daily News State of Florida Co~nty of Collier B~fore the undersigned authority, personally i~pa~re~ A~geta Bryant, ~o on oath says that she serves as Assistant Secretary of the Naples Doily Na~, a daily newspaper p~bLtshed mt Naples, in Collier ~ty, Florida: that the attached copy of ~verti$ing was published in said newspaper on dates listed. Afft~t further ~,~ys that the said Naples Daily New~ is a flew~peper i~ltahed at Naples, in said Collier Cm~ty, Florida, and that the maid I~r has heretofore be~n conttnuc~sly published in maid Collier County, Florida, each ~y ~ ha~ ~ ~ltered es second class mail melter at tho p~st office in Nap[es, in said collier C~Jnt~, Florida, for a period of I year ~xt preceding the first pubLtcotto~ of the attmmhe~ ~ of ~dverttma~ent; and affiant further mays that she has neither paid nor prc~taed afly per,on, firm or co,oration any dfs~t, rL~oate, commissto~ or refund for the ~xJrpome of securing this advertisement for I~ltC~tton in the said nevspaper, PtJGL[SHED OK: 11/22 AO SPACE: 53,000 PILED ON: 11/~/98 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA Tuesday, November 24, 1998 9:00 a.m. NOTICE: /~LL PERSONS WISIIIN(; TO SPEAK ON ANY AGENI)A ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WlTIt TIIE COUNTY ADMINISTRATOR PRIOR TO TIlE PRESENTATION OF TIlE AGENDA ITEM TO lIE ADDRESSED. REQUESTS TO Al)DRESS TIIE BOARD ON SUIIJECTS WIlICII ARE NOT ON TIIIS AGENDA MUST BE SUBMITTED IN WRITING W1Tll EXPLANATION TO TIlE COUNTY ADMINISTRATOR AT I,EAST 13 I)AYS PRIOR TO TIlE DATE OF TIIE MEETING AND WILL Ill.; HEARD UNDER "PUBLIC PETITIONS". ANV PERSON WltO DECIDI-Lq TO APPEAL A DEC1SION OF TtlIS BOARD WILL NEED A RECORD OF TIIE PROCEEDINGS PERTAINING TIIERETO, AND TIIEREFORE MAY NEED TO ENSURE TItAT A VERBATIM RECORD OF TIlE PROCEEDINGS IS MADE. WHIClt RECORD INCLUDES TIlE TESTIMONV AND EVIDENCE UPON WtlICIt TIIE APPEAL IS TO BE BASEl). ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNI,ESS PERMISSION FOR AI)I)ITIONAL TIME IS (;RANTED B'Y TIlE CIIAIRMAN. ASSISTED LISTENIN(; I)EVICES FOR Till.; IIEARING IMPAIRED ARE AVAILAllLE IN TIlE COUNTY C(IMMISSIONERS' OFFICE. I.UNCII RECF~qS SCIIEDULED FOR 12:00 NOON TO 1:00 P,M. 1. INVOCATION. Father Joseph Spinelli, St. Elirz~beth Scion Catholic Church 2. PIA,~D(;E OF ALI,E(;IANCE 3. APPROVAl. OF A(;ENDAS A. APPROVAl, OF CONSENT AGENI)A. Approved and/or Adopted with changes 5/0 II. APPROVAL OF SUMMARV AGENDA. C. AI'PROVAL OF REGULAR AGENDA. 4. APPROVAL OF MINUTES Approved as presented - 5/0 A. November 3, 1998 - Regular meeting. 5. PROCLAMATIONS AND SERVICE A~.VARDS A. PROCLAMATIONS November 24, 1998 I) Proclamation proclaiming December 1, 1998 as World AIDS Day in Collier County. To be accepted by Ms. Andrea L. Taylor, HeaBh Educator, Co-Chalr, World Aids Day 1998. Adopted - 5/0 B. SERVICE AWARDS Presented 1} l'atricia McLaughlin, EMS - 5 years 2) Bradie Allen, Parks and Recreation - S years 3) Joanne Stanek, Road and Bridge - 5 years C. PRESENTATIONS 6. APPROVAL OF CLERK'S REPORT 7. I~UIILIC PETITIONS 8. COUNTY ADMINISTRATOR'S REPORT A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES B. PUBLIC WORKS C. PUBLIC SERVICES 11 Appoint a Commissioner to the Youth Activities Advisory Committee. Commissioner Constantine appointed - 5/0 MOVED FROM ITEM g16C2: 2) Authorize an amendment to the Parks and Recreation Advisory Board Ordinance to remove the specific representation from 1he specific representation from Marco Island and increase the representation from the Naples and Urban Park District. To Be Brought Back to the Board - 5/0 D. SUPPORT SERVICES E. COUNTY AI)MINISTRATOR I ) Adoption of resolution refunding the Collier County Water/Sewer District Revenue Bonds, Series 1991 and 1992. CWS-98-4 Adopted - 5/0 F. AIRPORT AUTHORITY COUNTY ATTORNEY'S REPORT BOARD OF COUNTY COMMISSIONERS 2 November 24, 1998 ADDED D. ADDED E. 11. Appointment of member lo the Tourist Development Couucil. Res. 98-473 appointing Rhona Saunders - Adopled 5/0 Appointment of member to the Immokalee Enterprise Zone Development Agency. Res. 98-474 appointing Floyd Crews - Adopted 5/0 Appointment of members to the Affordable Itousing CommLssion. Res. 98-475 Re-appointing Mark Linder and appointing Cbristine Chesser - Adopled 5/0 Discussion regarding No Parking Signs along llawaii Boulevard {Commissioner Norris) Staff to install the appropriate signage - 5/0 I)iscussion re East Naples Survey Conmaiss oner Norris) Staff lo rexicw contents of survey and prov de input (Consensus) OTIIER ITEMS A. OTItER CONSTITUTIONAL OFFICERS I ) Discussion of funding law enforcement services to Marco Island. Letter to be presented to Marco Island City Council regarding the BCC discussion of this date and the City of Marco o deal with the issue on December 7. 1998 and then to be discussed further at the BCC meeting of December 8, 1998. ADI)ED: 2~ Discussion ~itb BCC and Clerk of CourLs re Bond Refinancing (Comn~issioner Mac'Kie) Resolution of support to defend interest of Collier County in a class action suit and come back in two weeks regarding tecbnlcal issues 11. I'UBLIC COMMENT ON GENERAL TOPICS PUBLIC HEARINGS WILL BE ItEARD IMMEDIATELY FOLLOWING STAFF ITEMS 12. ADVERTISED PUBLIC HEARINGS - BCC A. CO.MPREIIENSIVE PLAN AMENDMENTS ZONING AMENDMENTS 3 November 24, 1998 II CONTINUED TO DECEMBER 8~ 1998. Petifiou PUD-98-13, R. Bruce Anderson of Young, van Assenderp & Varuadoe, P.A.., representing Collier Development Corporation. requesting a rezone from "A" Rural Agriculture to "PUD" and "PUD" lo "PUD Planned Unit Development to be known as Cullier 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 nurth of 111°' Avenue and south of the Cocohatchee River, in Section 21, Township 48 South. Range 25 East, Collier County. Florida, consisting of 267.-14 pills or minus acres. MOVED FROM ITEM #171) 21 Petition I'UD-90-19(2), Mr. Kenneth B. Cuyler of Roetzel & Andress, P.A., representing the Cleveland Clinic of Florida, Inc., requesting to rezone the property previously approved as a "PUD" namely the Astron Plaza PUD lo PUD having the effect of adding to the list of permitted uses and increasing the maximum building height for property lucated on the .~uth side of Pine Ridge Ruad (C.R. 896) and thc north side of l0th Street SW in Section 17, Township 49 South, Range 26 East. Collier County. Florida. consisting of 8.56 acres. ()rtl. 98-1 II) - Adopted x~ilh changes 4/1 (Commissioner Carter opposedl C. OTIIER 13. BOARD OF ZONING AI'PEAI.S A. AI)VERTISED PUBI.IC ItI']ARINGS 1) CONTINUED INDF~FINITELY: Petition V-98-19. Jay Malamphy. representing (;ulf Coast Development Group, L.C., requesting approval to increase the maximum permitted Boor area ratio of.45 to .66 to construct a building with a maximum of 225.291 square feet for an Independent Care Living Facility and Assisted Care Living Facility for property located to the south of Vanderbilt Beacb Road Extension. north of Arbor Boulevard, and ,nest of Vineyards Boulevard, further described as Tract S-I. Vineyards Unit 3, in Section 5, Township 49 South, Rauge 26 East. 2) Petition V-98-8, William L. lloover of Iloover I'lannlng. representing Roger D. Withers and OPM USA, Inc., requesting a variance of 65 feet from the required height of 185 feet to 250 feet for an existing communleations toss'er for property lncated at 5630 Taylor Road, within the J & C Industrial Park, in Section I I. Township 49 South, Range 25 East. Collier County. FL Rcs. 98-476 - Adopted 5/0 3) Petition CU-98.19 Arnaldo tlernandez of Arkitex 2, representing the Florida State l)epartment of Juvenile Justice, requesting Conditional Use "3" of the Publle Use "P" zoning district for a juvenile detention center for 2.5 acres of property located at the Collier County Government Center at the intersection of Airport-Pulling Road and U.S. 41 itn Section 12, Township 50 South, Range 25 East, Collier County, Florida. Res. 98-477 - Adopted 5/11 IL ()TILER 14. STAI-I S CO.MMUNICATIONS 4 November 24. 1998 15. A. BCC Workshop re Publlc Informatlon to be scheduled for December 18, 1998. B. LDC tlearlngs scheduled for December 2 and 16, 1998 at 5:05 P.M. C. Update on Lethal Yellowing. 16. D. Suggestion that height limitations be discussed during LDC hearings. E. Discussion re Revision 7 Funding. CONSENT AGENDA. All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item{s) will be removed from the Consent Agenda and considered separately. Approved and/or Adopted - 5/0 with changes COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 4) 5) 7) I) 2) Accept conveyance of easements for the placement of a lift station and installation of sanitary sewer lines. 3~ Petition CU-96-16E, Dr. Neno J. Spagna, representing Apostolic Assembly of Faith in Christ Jesus, requesting second extension ora Conditional Use for a church in the "E" Estates zoning district for property located on the east side of San Marco Boulevard approximately one mile north of Radio Road. Res. 98466 Request to extend the term of George H. Hernmnson to serve on tile Environmental Advisory Board nntil the successor Environmental Board is created. Res. 98-467 This item has been deleted. This item has been deleted. Adopt a resolution and approve a real estate sales agreement between Immokalee Habitat for Humanity, Inc., a Florida non-profit corporation, N/ledA Habitat for Humanity of Collier County, Inc., and Collier County. Res. 98468 Request to approve for recording the final plat of Grey Oaks Unit Twelve and approval of the performance security. 5 November 24, 1998 With Stipulations, Construction Maintenance Agreement and Performance Bond B. PUBLIC WORKS Il Award a Construction Contract to Kyle Construction, Inc. to construct the proposed Sperling Court Drainage Improvements Project #31302, Bid #98- 2886. In the amount of $41,I04.50 2} Approve a Budget Amendment for the purchase of traffic signal equipment necessary to make existing traffic signals and flashing beacons )'ear 2000 (Y2K) compatible. CONTINUED TO 12/8/98 3~ Authorize the Transportation Services Department to remove the non- warranted trafllc signal at the intersection of Goodlette-Frank Road and Royal Poinciana Drive. Re-appropriation of Tourist Development Tax Funding for Category Projects for FY 98/99. In the amount of $283,700.00 5) Request approval to use funds from Waste Tire Grant to co-sponsor running track at Gulf Coast High School. Approve Change Order Ten (10) to the Construction Contract with Mi/mir Construction, Inc. for the North County Regional Water Treatment Plant 8- MGD Expansion Project, Contract 97-2690R, Project 708591"/0828. In the amount of $103,047.00 7) CONTINUED FROM 11/10/98 - Approve a Road Impact Fee Credit in the amount of $2,802.74 for the former Chamber of Commerce building on U.S. 41 in the City of Naples. 8) Award County purchase of Reverse Osmosis Membrane Elements from Materials Supplier, Hydranautlca, for the North County Regional Water Treatment Plant 8-MGD Expansion Project, Bid 98-2875, Project 70859. In the amount of $677,040.00 C. PUBLIC SERVICES I ) A ward an agreement for scorekeeper services. To the Naples Scorekeepers Association MOVED TO ITEM #8C2 2} Authorize an amendment to the Parks and Recreation Advisory Board Ordinance to remove the specific representation from Marco Island and increase the representation from the Naples and urban park district. 3} Approve a change order to construct a lakeside gazebo. 6 November 24, 1998 To Professional Building Systems Inc. in the amount of $50,654.00 4) This item has been deleted. 5) Authorize the Chairman to execute agreements between Collier County and thc Collier County Veterans Council, and between Collier County and the Ford Motor Company, Inc., for continued use of a Ford test van. SUPPORT SERVICES 1 ) Approval and Execution or Satisfactions of Notice of Promise to Pay and Agreement to Extend Payment of Water and/or Sewer System Impact Fees. 2) Approval of Expenses Relating to the Supervisor of Elections Warehouse Move. 17. E. COUNTY ADMINISTRATOB 1 } Budget Amendment Report BA 99-046 F. BOARD OF COUNTY COMMISSIONERS G. MISCELLANEOUS CORRESI'ONDENCE 11 Miscellaneous itenu to file for record with action as directed. H. OTIIER CONSTITUTIONAL OFFICERS Il Recommendation to approve an increase of nine sworn Law Enforcement Officers in the 1998/1999 Sheriff's office budget for the United States Department of Justice Three Year Cops in Schools Grant Program. 2} Recommendation to adopt the budget amendment appropriating carry foraard and expenditure budgets for open purchase orders at the end of Fiscal Year 1997 in Fiscal Year 1998. 3) Approval of Arbitrage Calculation Agreement with Arthur Andersen, LLP. In an estimated maximum amount of $55,000.00 1. COUNTV ATTORNEY Recommendation that the Board of County Commissioners approve the Stipulated Final Judgment relative to the easement acquL~itlon on Parcel No. 526 in the lawsuit entitled Collier County v. David R. Clemens and Lttcille C. Clemens, et aL, Case No. 98-1393-CA {Livingston Road Extension, Golden (late Parkway to Radio Road) J. AIRPORT AUTttORITY SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEETTHE FOLLOWING CRITERIA: I) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY TIlE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTItORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO TIlE ITEM RECEIVED BY STAFF, TIlE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR TIlE BOARD, PRIOR 7 November 24, 1998 TO THE COMMENCEMENT OF TIlE BCC MEETING ON WHICH TIIE ITEMS ARE SCHEDULED TO BE tIEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. Adopt an Ordinance Amending Collier County Ordinance 92-22, as Amended, the Collier County Road Impact Fee Ordinance, by revising Appendix "B" to change the legal descriptions of Road Impact Fee Districts 2, 4 and 8. Ord. 98-92 Petition SV-98-3, N. Paul San Fillppo, ~sq. Of Seidensticker and San Filippo, P.A. representing Doane Limited Partnership requesting a 5 foot variance from the required setback of 15 feet established for signs to 10 feet for a pole sign to be located along 111 ~ Avenue in North Naples. Res. 98-469 An ordinance amending the title and Section One of Collier County Ordinance No. 98-80 to correct the same scrivener's error that occurs in four places; providing for inclusion in the Code Laws and Ordinances; providing an effective date. Ord. 98-93 MOVED TO ITEM g12B2 Petition PUD-90-19(2), Mr. Kenneth B. Cuyler of Roetzel & Andress, P.A., representing the Cleveland Clinic of Florida, Inc. requesting to rezone the property previously approved as a "PUD" namely the Astron Plaza PUD to PUD having the effect of adding to the Iisi of permitted uses and increasing the maximum building height for pr~l~erty located on the south side of Pine Ridge Road {C.R. 896) and the north side of 10" Street SW in Section 17, Township 49 South, Range 26 East, Collier County, Florida, consisting of 8.56 acres. Petition V-98-16, William L. Hoover, AICP, of ltoover Planning, representing Theodore J. Nylese, Jr., requesting a variance of 9 feet from the required rear yard setback of 25 feet to 16 feet for property located at 442 Rasemeade Lane, further descrilx, d as Lot 17, Rosemeade at Wyndemere, in Section 19, Township 49 South, Range 26 East, Collier County, Florida. Rcs. 98-470 CONTINUED FROM NOVEMBI~R J0TM ~IEI~TING; Petition PUD-89-6(3), George L. Varnadoe of Young, Van A~enderp & Varnadoe, P.A., representing Halstatt Partnership, requesting an amendment to the Grey Oaks PUD for the purpose of reducing the number of residential units from 1,936 to 1,136; increasing the number of golf holes from 45 to 54; relocating the site of the approved hotel from the northeast quadrant to the southeast quadrant, increasing the acreage designated for conservation, lakes and water management from 180.1 acres to 236.78 acres; deleting the internal project road overpass linking the northeast and southeast parcels across Golden Gate Parkway for property located in the northwest, northeast and southeast quadrants of Airport-Pulling Road (C.R. 31) and Golden Gate Parkway (C.R. 886), in Sections 24, 25 and 26, Township 49 South, Range 25 East, Collier County, Florida, containing 1,601+ acres. ICompanion to DOA-98-1) Ord. 98-94 Go CONTINUED FROM NOVEMBER l0TM MEETING: Resolution ofthe Board of County Commissioners of Co er County determining that revisions to the Grey Oaks 8 November 24. 1998 Ii. .l. Development Order doc~does not constitute a substantial deviation requiring further Development of Regional Impact review. Res. 98-471 CONTINUED FROM NOVEMBER 10TM MEETING: Petition DOA-98-1, George I.. Varnadoe of Young, Van A~enderp & Varnado¢, P.A., representing Italstalt Partncrshlp, requesting an amendment to the Grey Oaks DR; Development Order No. 90-3, for the purpose of reducing the number of residential units from 1,936 to 1,136; increasing the numher of golf Imles from 45 to 54: relocating the sile of the approved hotel from the northeast quadrant to the southeast quadrant; increasing the acreage deslgnatcd for conservation, lakes and water management from 180.1 acres to 2.36.78 acres; deleting the internal project road overpass linking the northeast and southeast parcels across Golden Gate Parkway for property located on the northwest, norlheast and southeast quadranlz of Airport. Pulling Road (C.R. 31) and (;olden Gate Parkway (C.R. 886), in Sections 24, 25 and 26, Township 49 South, Range 25 East, Collier County, Florida, containing 1,601_+ acres. {Companion to PUD-89-6{3)) Res. 98-47*~Dev. Order 98-2 Rccommcndatlon to adopt :tn ordinance amending Ordinance No. 92-60 relating to the [e~y ufa 2% Tourist Development Tax and an additional 1% tax throughont Collier County pursuant to Ihe Local Option Tourist Development Act. Section 125.0104, Florida Statutes, providing for amendment to Section Three concerning the use of tax revenues to allow expenditures for museums owned and operated by not for profit organlzalions and open to the public; providing Sir conflict and severabliity. {)rd. 98-95 RecommendaHon to adopt an ordinance amending Ordinance 92-18 which crealcd thc Tot~rist Development Council; amending Section Two to provide f,~r addition ufa non- ~uting member with professional experienre in tile promotion and marketing or special e~ents: providing for conflict and several>Hit),; providing for inclusion in the Collier Count) Code of Laws and ordinances: providing for an effective date. ()rtl. 98-96 Recommendation that the Board of County Commissioners of Cullier County adupt an ordinance repealing Collier County Ordinance No. 90-109, whlch established the Vanderbilt Beach Area Beautification Municipal Ser','ice Taxing Unit: providing for inclusion in Code of Laws and Ordinances; providing for conflict and severabillty; aud providing an effective date. Ord. 98.07 Recommendation that the Board of County Commissioners of Collier County adopt an ordinance repealing collier County Ordinance No. 80-54, which established the Mareo Island Community Center Municipal service Taxing and Benefit Unit; providing for inclusion in Code of Laws and Ordlnanees: providing for conflict and severabillty; and providing an effective date. ()rtl. 98-98 Recommendation that the Board of County Commissioners of Collier County adopt an ordinance repealing Collier County Ordinance No. 90-104, which established the Turnbury Subdivision Street Lighting Municipal Sera-ice Taxing Unit; providing for inclusion in Code of trows and ordinances: providing for conflict and severabil|ty; and providing an effective date. 9 November 24, 1998 Ord. 98-99 Recommendation that the Board of County Commissioners of Collier County adopt an ordinance repeallng Collier County Ordinance No. 80-20, which established the East Naples Fire llydrant Municipal Service Taxing District; providing for incluslon in Code of Laws and ordinances; providing for confllct and severahility; and providing an effective date. Ord. 98-10(} Recommendation that the Board of County Commissioners of Collier County adopt an ordinance repealing Collier County OrdiRance No. 76-58, as amended, which established the Westlake Municipal Services Taxing Un{t; providing for inclusion in Code of Laws and ordinances; providing for conflict and severability; and providing an effective date. Ord. 98-101 Recommendation Ihat the lloard of County Commissioners of Collier County adopt an ordinance repealing Collier County Ordinance No. 76-64, which established the Port- A u-Prince Municipal Services Taxing Unit; providing for inclusion in Code of Laws and ordinances; providing for conflict and severabillty; and providing an effective date. Ord. 98-102 Recomn~endation that the Board of County Commissioners of Collier County adopt an ordinance repealing Collier County Ordinance No. 90-110, which established the Vanderbilt Beach Area Street Lighting Municipal Service Taxing Unit; providing for inclusiun in Code of Laws and ordlnanees; providing for conflict and severability; and providing an effective date. Ord. 98-103 Recommendation that the Board of County Commissioners of Collier County adopt an ordinance repealing Collier County Ordinance No. 71-8, which established the Water Management District 6; providing for inclusion in Code of Laws and ordinances; providing for conflict and severahillty; and providing an effective date. Ord. 98-104 Recommendation that the Board of County Commissioners of Collier County adopt an ordinance repealing Collier County Ordinance No. 85-12, which established the Marco Island Community Park Munlcipal Service Taxing Unit; providing for inclusion in Code of Laws and ordinances; providing for conflict and severability; and providing an effective date. Ord. 98-105 Recommendation that the Board of County Commissioners of Collier County adopt an ordinance repealing Collier County Ordinance No. 87-12, which established the Berkshire Village (at Berkshire Lakes, Parcel B) Street Lighting Municipal Service Taxing Unit; providing for inclusion in Code of Laws and ordinances; providing for conflict and severabillty; and providing an effective date. Ord. 98-I06 Recommendation that the Board of County Commissioners of Collier County adopt an ordinance repealing Collier County Ordinance No. 79-103, as amended, which established the Sewer Area "B" South Half (East Naples) Munleipal Service Taxing 10 November 24, 1998 Unit; providing for inclusion in Code of Laws and ordinances; providing for conflict and severability; and providing an effective date. Ord. 98-107 Recommendation that thc Board of County Commissioners of Collier County adopt an ordinance repealing Collier County Ordinance No. 80-86, which established the Unincorporated County Area Municipal Service Taxing Unit-Road and Bridge; providing for inclusion in Code of Laws and ordinances; providing for conflict and severability; and providing an effective date. Ord. 98-108 Recommendation that the board of County Commissioners of Collier county adopt an ordinance repealing Collier County Ordinance No. 90-64, which established the Children's Support Ser~'ices District; providing for inclusion in Code of Laws and Ordinances; providing for conflict and severability; and providing an effective date. Ord. 98-109 18. ADJOURN INOUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE rqADE TO TIlE CQUNTY ADMINISTRATOR'S OFFICE AT 774-8383. 11 November24.1998 AGENDA OrIANGES NOVEMBER 2< 1998 BOARD OF COUNTY COMMISSIONER'S MEETING ~4DD: ITEM IO(DI - DISCUSSION REGARDING NO PARKING SIGNS ALONG HAWAH BOULEVARD (COMMISSIONER NORRIS. ADD: ITEM 10(E} - DISCUSSION WITH BCC AND CLERK OF COURTS REGARDING BOND REFINANCING. (COMMISSIONER MAC'KIE). CONTINUE TO 12/8/98 MEETING: ITEM 16(B)(3) AUTHORIZE THE TRANSPORTATION SERVICES DEPT. TO REMOVE THE NON-WARRANTED SIGNAL AT THE INTERSECTION OF GOODLETTE-FRANK ROAD AND ROYAL POINCIANA DRIVE. (COMMISSIONER CONSTANTINE). ~VOTE: ITEM 16(B)(2) - THE ROAD IMPACT FEE CREDIT, IF APPROVED, WOULD NOT BE TRANSFERABLE AND ANY SUBSEQUENT LAND USE WOULD NOT RECEIVE A REFUND FOR ANY EXCESS UNUSED ROAD IMPACT FEE CREDIT. ~VHE~EA$, ~VHE~EA$, PI~OCLA/AA TXON the 91obol spread o f H£V in£ec Nan and A£D$ necessita res a worldwide e£for~ to increase communication, education and action to stop the spread of HTV/ATDS; and, the Joint United Nation~ Pragramme on Hln//A£D$(UNA£D$} observe.~ December I of each ),ear as Worm Aids Dm/, a dm/to expand and strengthen the worldwide effort to ~'top the spread of HTV/AID$; and, UNA£D$ ~'timote~ that 30.6 million people are current~, /iWn~ with H£V/A£D$, with young people under the age of 2§ accountin9 far at /east hal£ of all new infections; and, the American Association for World Health is encouraging a better understanding of the challenge of HTV/A£D$ nat[onol~ as it rec~nized that the number of penple diagnosed with HTV ond A~D5 in the United 5tot~ conNn~ to incr~se, with 641, 086 AiDS cas~ re. reed (~ of Dec~b~r 31, 1~97}; an~ WHEREAS, Colh~r Court! ,31, 1998}: and, HIHEREA$, and NOW support to ,f and ~ of HIV/AID$ as a tiWti~ a,~d prevent the further DONE AND ORD~ED 7-H~ 24th Da), of November, 1998. BOARD OF COUNTY CO~I~T$S£ONER$ COLLIER COUN~ FLORTDA BA~RA B. BERRY. C~R~ RESOLUTION NO. CWS-98- 4 A KESOLUTION SUPPLEMENTING A RESOLUTION ENTITLED "A RESOLUTION AMENDING IN CERTAIN' RESPECTS AND RESTATING IN ITS ENTIRETY KESOLUTION NO. CWS-85-5 OF THE COLLIER COUNTY WATER-SEWER DISTRICT, ADOPTED ON JULY 30, 1985, AND ENTITLED: 'A RESOLUTION AUTHORIZING THE ISSUANCE BY THE COLLIER COUNTY WATER-SEWER DISTRICT OF NOT EXCEEDING $82,500,000 IN THE AGGREGATE PRINCIPAL AMOUNT OF WATER AND SEWER REVENUE BONDS, SERiES 1985 TO FINANCE THE COST OF ILEFUNDING CERTAIN OUTSTANDING OBLIGATIONS OF THE DISTRiCT AND CONSTRUCTING AND ACQUIRING CERTAIN ADDITIONS. EXTENSIONS AND IMPROVEMENTS TO THE DISTRICTS WATER AND SEXAqER SYSTEM: PLEDGING THE NET REVENUES AND SYSTEM DEVELOPMENT FEES TO SECURE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON SAID BONDS: PROVIDING FOR THE RIGHTS OF THE HOLDERS OF SAID BONDS: AND PROVIDING FOR AN EFFECTIVE DATE FOR THIS RESOLUTION' AND PROVIDING AN EFFECTIVE DATE:" AUTHORIZING THE REFUNDING OF ALL OF THE DISTRICT'S OUTSTANDING WATER AND SEWER REVENUE BONDS, SERIES 1991 .&ND A PORTION OF THE DISTRICT'S OUTSTANDING WATER AND SEWER REVENUE BONDS, SERIES 1992; AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $7.500.000 AGGREGATE PRINCIPAL AMOL.~T OF COLLIER COUNTY WATER-SEWER DISTKICT WATER AND SEWER REFU,Nr3ING REVENUE BONDS, SERIES 1998 IN ORDER TO REFUND SUCH SERIES 1992 BONDS AND THE ISSUANCE OF NOT EXCEEDING $25,000,000 AGGREGATE PRINCIPAL AMOUNT OF COLLIER COUNTY WATER-SEWER DISTRICT WATER AND SEWER REFUNDING REVENUE BONDS, SERIES 1999 IN ORDER TO REFUND SUCH SERIES 1991 BONDS; MAKING CERTAIN COVENANTS AND AGREEMENTS IN CON.,~ECTION WITH THE ISSUANCE OF SUCH BONDS; AUTHORiZING A NEGOTIATED SALE OF SAID BONDS; DELEGATING CERTAIN AUTHORITY TO THE CHAIt~MAN AND VICE-CHAff%MAN FOR THE AUTHORIZATION, EXECUTION AND DELIVERY OF PURCHASE CONTRACTS WITH RESPECT THERETO, AND THE APPROVAL OF THE TEK.MS AND DETAILS OF SAID BONDS; APPOINTING THE PAYING AGENT AND REGISTRAR FOR SAID BONDS; AUTHORIZING THE DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT AND THE EXECUTION AND DELIVERY OF OFFICIAL STATEMENTS WITH RESPECT THERETO; AUTHORIZING THE EXECUTION AND DELIVERY OF ESCROW DEPOSIT AGREEMENTS AND THE APPOINTMENT OF AN ESCROW AGENT; APPROVING THE EXECUTION AND DELIVERY OF CONTINUING DISCLOSURE CERTIFICATES; AUTHORIZING Mb~ICIPAL BOND INSURANCE FOR THE BONDS; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ACTING AS THE EX-OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT: SECTION 1. FINDINGS. It is hereby found and determined that: (A) On Jul3' 30, 1985. the Collier County Water-Sewer District (the "Issuer") duly adopted Resolution No. C\\'S-85-5, as amended and restated by Resolution No. CWS-85- duly adopted on December 26, 1985, as amended and supplemented (collectively, the "Resolution"), the title of which Resolution No. CWS-85-13 is quoted in the title of this Supplemental Resolution, for the purposes described therein, authorizing, among other things, the issuance of the Issuer's Collier Count3' Water-Sewer District Water and Sewer Revenue Bonds. Series 1985 (the "Series 1985 Bonds"), which Series 1985 Bonds subsequently have been refunded and are no longer outstanding under the Resolution. (B) The Issuer currently has outstanding pursuant to the Resolution its Collier County Water-Sewer District Water and Sewer Revenue Bonds, Series 1991 (the "Refunded Series 1991 Bonds"), its Collier County Water-Sewer District Water and Sewer Revenue Bonds, Series 1992 (the "Series 1992 Bonds"), its Collier County Water-Sewer District Taxable Water and Sewer Refunding Revenue Bonds. Series 1994A (the "Series 1994A 2 Bonds") and its Collier County Water-Sewer District Water and Sewer Refunding Revenue Bonds, Series 1994B (the "Series 1994B Bonds"). (C) The Refunded Series 1991 Bonds maturing on and after July 1, 2000 are subject to redemption at the option of the Issuer on July 1, 1999, the earliest permitted optional redemption date for such Bonds (the "Series 1991 Bonds Redemption Date"), at a redemption price of 102% of the principal amount redeemed plus interest accrued to the Series 1991 Bonds Redemption Date. (D) The Series 1992 Bonds maturing on and after July 1, 2003 (the "Refunded Series 1992 Bonds") are subject to redemption at the option of the Issuer on July 1, 2002, the earliest permitted optional redemption date for such Bonds (the "Series 1992 Bonds Redemption Date"), at a redemption price of 102% of the principal amount redeemed plus interest accrued to such Series 1992 Bonds Redemption Date. (E) Under the Internal Revenue Code of 1986, as amended, the Refunded Series 1991 Bonds may not be refunded using the proceeds of bonds the interest on which is excludable from gross income for federal income tax purposes if such refunding bonds are issued more than 90 days prior to the Series 1991 Bonds Redemption Date. (F) If the Issuer were permitted to refund the Refunded Series 1991 Bonds at current market interest rates, it could achieve substantial debt service savings with respect to such Bonds. (G) The Underv, xiters (as hereinafter defined) have indicated that they are willing to enter into the hereinafter defined Series 1999 Bonds Purchase Contract with the Issuer in advance of the Series 1991 Bonds Redemption Date pursuant to which Series 1999 Bonds Purchase Contract the Under~ziters will agree to purchase the Series 1999 Bonds (hereinafter defined) at interest rates that are based on current market interest rates and which take into account the delayed deliver)' of the Series 1999 Bonds despite the fact that the Series 1999 Bonds will not be issued and delivered until not earlier than 90 days prior to the Series 1991 Bonds Redemption Date. (H) The commitment of the Underwriters to purchase the Series 1999 Bonds at rates based upon current market interest rates (taking the delayed delivery into account) will permit the Issuer to achieve debt service savings that will approximate the savings the Issuer might have achieved had it been permitted to issue tax-exempt refunding bonds on the date of such commitment (taking the delayed delivery into account). (I) In light of the foregoing, in order to achieve debt service savings, the Issuer hereby determines to refund the Refunded Series 1991 Bonds and the Refunded Series 1992 Bonds (collectively, the "Refunded Bonds"). That portion of the Series 1992 Bonds which are not refunded in cormection with the issuance of the Series 1998 Bonds (as hereinafter defined), the Series 1994A Bonds and the Series 1994B Bonds shall be referred to as the "Outstanding Parity Bonds." (J) The Resolution provides for the issuance of Additional Bonds, payable on a parity with the Outstanding Parity Bonds, for the refunding of the Refunded Bonds, upon meeting certain requirements set forth in the Resolution. (K) There is hereby authorized the payment and refunding of the Refunded Bonds in order to achieve debt service savings, ail in the manner as provided by this Supplemental Resolution. For the payment and refunding of the Refunded Series 1992 Bonds the Issuer shall, as provided herein, deposit part of the proceeds derived from the sale of the Issuer's Collier Count, Water-Sewer District Water and Sewer Refunding Revenue Bonds, Series 1998 (the "Series 1998 Bonds"), together with other legally available moneys of the Issuer, in a special escrow deposit trust fund, to purchase direct U.S. Treasury obligations (the "Series 1992 Refunding Securities") which shall be sufficient, together with the investment earmngs therefrom and a cash deposit, to pay the Refunded Series 1992 Bonds as the same become due and payable or are redeemed prior to maturity, all as provided herein and the hereinafter described Series 1992 Escrow Deposit Agreement. For the payment and refunding of the Refunded Series 1991 Bonds the Issuer shall, as provided herein, deposit part of the proceeds derived fi.om the sale of the Issuer's Collier County Water-Sewer District Water and Sewer Refunding Revenue Bonds, Series 1999 (the "Series 1999 Bonds"). together with other legally available moneys of the Issuer. in a special escrow deposit trust fun& to purchase direct U.S. Treasury obligations (the "Series 1991 Refunding Securities") which shall be sufficient, together with the investment earnings therefrom and a cash deposit. to pa5· the Refunded Series 1991 Bonds as the same become due and payable or are redeemed prior to maturity, all as provided herein and the hereinafter described Series 1991 Escrow Deposit Agreement. Subsequent to the defeasance of the Refunded Bonds, the Refunded Bonds shall no longer be payable fi.om or be secured by any portion of the Pledged Funds. (L) In order to achieve debt serx4ce savings, the Issuer deems it to be in its best interest to issue its Series 1998 Bonds in order to effect the refunding of the Refunded Series 1992 Bonds and to issue its Series 1999 Bonds in order to effect the refunding of the Refunded Series 1991 Bonds. (M) Due to the potential volatility of the market for tax-exempt obligations such as the Series 1998 Bonds and the Series 1999 Bonds (collectively, the "Refunding Bonds") and the complexity of the transactions relating to such Refunding Bonds, it is in the best interest of the lssuer to sell the Refunding Bonds by a negotiated sale, allowing the Issuer 4 to enter the market at the most advantageous time, rather than at a specified advertised date, thereby permitting the Issuer to obtain the best possible price and interest rate for the Refunding Bonds. ('N) The Issuer anticipates receiving a favorable offer to purchase the Refunding Bonds from Rayrnond James & Associates, Inc. and Salomon Smith Barney, Inc. (collectively, the "Underv, viters"), all within the parameters set forth herein. (O) Inasmuch as the Issuer desires to sell the Refunding Bonds at the most advantageous time and not wait for a scheduled meeting of the Board of Count5, Commissioners of Collier County, Florida (the "Board") sitting as the ex-officio governing board of the Issuer, so long as the herein described parameters are met, the Issuer hereby determines to delegate the award and sale of the Refunding Bonds to the Chairman of the Board within such parameters, and, in his absence or unavailability, to the Vice-Chairman of the Board. (P) The form, terms and details of the Refunding Bonds shall be determined in accordance with this Supplemental Resolution. (Q) The covenants, pledges and conditions in the Resolution shall be applicable to the Refunding Bonds herein authorized and said Refunding Bonds shall be on a par/tv with and rank equally as to the lien on and source and secmSty for payment from the Ptedge~t Funds and in all other respects with the Outstanding Parity Bonds, and shall constitute "Bonds" w/thin the meaning of the Resolution. SECTION 2. DEFINITIONS. X3?nen used in this Supplemental Resolution. the terms defined in the Resolution shall have the meanings therein stated, except as such definitions shall be hereinafter amended and defined. SECTION 3. AUTHORITY FOR THIS S ' UPPLEMENTAL RESOLUTION. This Supplemental Resolution is adopted pursuant to the provisions of the Act. SECTION 4. AUTHORIZATION OF REFUNDING OF THE REFUNDED BONDS. The Issuer hereby authorizes the refunding of the Refunded Bonds pursuant to the terms of the Resolution and the hereinafter described Escrow Deposit Agreements. SECTION 5. DESCRIPTION OF THE REFUNDING BoNDs. The Issuer hereby authorizes the issuance of a series of Bonds in the aggregate principal amount not to R F1 exceed 5;7,500,000 to be known as the "Collier County Water-Sewer District Water and Sewer Refunding Revenue Bonds, Series 1998" (or such other designation as the Chairman may deterrmne), for the principal purpose of refunding the Refunded Series 1992 Bonds. In the event such Series 1998 Bonds are not issued until calendar year 1999, such Series 1998 Bonds shall be designated as "Collier County Water-Sewer District Water and Sewer Refunding Revenue Bonds, Series 1999A" (or such other designation as the Chairman may detcmdlle). The aggregate principal mount of Series 1998 Bonds to be issued pursuant to the Resolution shall be determined by the Chairman provided such aggregate principal amount does not exceed S25,000,000. The Series 1998 Bonds shall be dated as of December 1, 1998 (or such other date as shall be determined by the Chairman), shall be issued in the form of fully registered Bonds in the denomination of S5.000 or an), integral multiple thereof, shall be numbered consecutively from one upward in order of maturity preceded by the letter "R", shall bear interest fi-om their dated date, payable semi-annually, on July I and January 1 and of each year (the "Interest Dates"), commencing on Jul),' 1, 1999 (or such other date as shall be determined by the Chairman). The Issuer hereby authorizes the issuance of a series of Bonds in the aggregate principal amount not to exceed S25,000,000 to be 'known as the "Collier County Water- Sewer Dis~ct Water and Sewer Refunding Revenue Bonds. Series 1999," for the principal purpose of refunding the Refunded Series 1991 Bonds. In the event the Series 1998 Bonds are not issued until calendar year 1999, the Series 1999 Bonds shall be designated as "Collier Counb' Water-Sewer District Water and Sewer Refunding Revenue Bonds, Series 1999B" (or such other designation as the ChaLrman may determine). The aggregate principal amount of Series 1999 Bonds to be issued pursuant to the Resolution shall be determined by the Chairman provided such aggregate principal amount does not exceed S25,000,000. The Series 1999 Bonds shall be dated as of April 1. 1999 (or such other date as shall be determined by the Chairman). shall be issued in the form of full]" registered Bonds in the denomination of S5,000 or any integral multiple thereof, shall be numbered consecutivel.v from one upward in order of maturity preceded b)' the letter "R", shall bear interest from their dated date. payable semi-annually, on Jul],' 1 and JanuaD' 1 and of each )'ear (the "Interest Dates"). commencing on Jul],' 1. 1999 (or such other date as shall be determined by the Chairman). Interest on the Refunding Bonds shall be payable by check or draft of First Union National Bank, Jacksonville, Florida, as Registrar and Paying Agent, made payable to and mailed to the Holder in whose name such Bond shall be registered at the close of business on the date which shall be the fifteenth day (whether or not a business day) of the calendar month next preceding the Interest Date, or, at the request and expense of such Holder, by bank wire transfer to the account of such Holder. The principal of or Redemption Price, if applicable, on the Refunding Bonds is payable upon presentation and surrender of the Refunding Bonds at the designated corporate n-ust office of the Paying Agent. All payments of principal or Redemption Price, if applicable, and interest on the Refunding Bonds shall be payable in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. The Refunding Bonds shall bear interest at such rates and yields, shall mature on July 1 of each of the years and in the principal amounts corresponding to such years, and shall have such redemption provisions as determined by the Chairman subject to the conditions set forth in Section 6 hereof. All of the terms of the Series 1998 Bonds will be included in a Bond Purchase Contract which shall be in substantially the form attached hereto and made a part hereof as Exhibit A (the "Series 1998 Purchase Contract"). All of the terms of the Series 1999 Bonds will be included in a Forward Delivery Bond Purchase Contract wkich shall be in substantially the form attached hereto and made a part hereof as Exhibit B (the "Series 1999 Purchase Contract" and collectively with the Series 1998 Purchase Contract, the "Purchase Contracts"). The Chairman is hereby authorized to execute either or both of the Purchase Contracts in substantially the forms attached hereto as Exhibit A and Exhibit B with such modifications as she deems appropriate upon satisfaction of the respective conditions described in Sections 6 and 7 hereof. SECTION& CONDITIONS TO EXECUTION OF SERIES 1998 PURCI-L~SE CONTRACT. The Series 1998 Purchase Contract shall not be executed by the Chairman until such time as all of the following conditions have been satisfied: (A) Receipt by the Chairman ofa v, ritten offer to purchase the Series 1998 Bonds by the Underwriters substantially in the form of the Series 1998 Purchase Contract at~ached hereto as Exhibit A. said offer to provide for, among other things, (i) not exceeding 57.500,000 aggregate principal amount of Series 1998 Bonds, (ii) an underwriting discount (including management fee and expenses) not in excess of 0.75% of the par amount of the Series 1998 Bonds, (iii) a tree interest cost of not more than 4.75% per annum, as determined by the Issuer's Financial Ad~4sor and (iv) the maturities of the Series 1998 Bonds, with the final matur/b' being not later than July I, 2010. (B) With respect to optional redemption terms for the Series 1998 Bonds, if any, the f~t optional redemption date may be no later than July I, 2009 and no call premium may exceed 2% of the par amount of that portion ofthe Series 1998 Bonds to be redeemed. Term Bonds may be established with such Sinking Fund Installments as the Chairman deems appropriate. (C) Receipt by the Chairman of a disclosure statement and a truth-in-bonding statement of the Underwriter dated the date of the Series 1998 Purchase Contract and complying with Section 218.385, Florida Statutes. 7 Upon satisfaction of all the requirements set forth in this Section 6, the Chairman is authorized to execute and deliver the Series 1998 Purchase Contract containing terms complying with the provisions of this Section 6 and the Series 1998 Bonds shall be sold to the Underwriters pursuant to the provisions of such Series 1998 Purchase Contract. SECTION7. CONDITIONS TO EXECUTION OF SERIES 1999 PURCIL4,SE CONTRACT. The Series 1999 Purchase Contract shall not be executed by the Chairman until such time as all of the following conditions have been satisfied: (A) Receipt by the Chairman of a written offer to purchase the Series 1999 Bonds by the Underwriters substantially in the form of the Series 1999 Purchase Contract attached hereto as Exhibit B, said offer to provide for, among other things, (i) not exceeding $25,000,000 aggregate principal amount of Series 1999 Bonds, (ii) an underwriting discount (including management fee and expenses) not in excess of 0.60% of the par amount of the Series 1999 Bonds, (iii) a true interest cost of not more than 5.25% per annum, as determined by the Issuer's Financial Advisor, (iv) present value savings of at least 7.0% of the par amount of the Refunded Series 1991 Bonds, as determined by the Issuer's Financial Advisor, (v) the maturities of the Series 1999 Bonds, with the final maturity being not later than July 1, 2016, and (vi) a deliver), date for the Series 1999 Bonds which is no earlier than April 2, 1999 and no later than the Series 1991 Bonds Redemption Date. (B) With respect to optional redemption terms for the Series 1999 Bonds. if ans'. the first optional redemption date may be no later than July 1. 2009 and no call premium ma5' exceed 2% of the par amount of that po~on of the Series 1999 Bonds to be redeemed. Term Bonds may be established with such Sinking Fund Installments as the Chairman deems appropriate. (C) Receipt by the Chairman of a disclosure statement and a truth-in-bonding statement of the Under~xiter dated the date of the Series 1999 Purchase Contract and complying with Section 218385, Florida Statutes. Upon satisfaction of all the requirements set forth in this Section 7, the Chairman is authorized to execute and deliver the Series 1999 Purchase Contract containing terms complying with the provisions of this Section 7 and the Series 1999 Bonds shall be sold to the Underwriters pursuant to the provisions of such Series 1999 Purchase Contract. SECTION 8. REDEMPTION PROVISIONS. The Refunding Bonds ma.,,' be redeemed prior to their respective maturities as may be determined by the Chairman, in her discretion, pursuant to Sections 6 and 7 hereof and described in the Purchase Contracts. SECTION 9. BOOK-ENTRY. Notwithstanding the provisions set forth in Section 2.08 of the Resolution, the Series 1998 Bonds and the Series 1999 Bonds each shall be initially issued in the form of a separate single certificated fully registered Bond for each of the maturities of each seres of Refunding Bonds. Upon initial issuance, the ownership of each such Refunding Bond shall be registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee of The Depository Trust Company ("DTC"). Except as provided in tl'fis Section 9, all of the Outstanding Series 1998 Bonds and Series 1998 Bonds shall be registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee of DTC. As long as either series of the Refunding Bonds shall be registered in the name of Cede & Co., all pa.vments of interest on such series of Bonds shall be made by the Paying Agent by check or draft or by wire transfer to Cede & Co., as Holder of those Bonds. With respect to Refunding Bonds registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee of DTC. the Issuer, the Registrar and the Paying Agent shall have no responsibility or obligation to an.,,' participant in the DTC book- entry program or to an3' indirect participant (a "Participant"). Without limiting the immediately preceding sentence, the Issuer, the Registrar and the Paying Agent shall have no responsibili~' or obligation with respect to (A) the accuracy of the records of DTC, Cede & Co. or an5, Participant with respect to an3' ownership interest on the Refunding Bonds. (B) the deliver'5' to an5' Participant or any other Person other than a Refunding Bondholder, as shown in the registration books kept by the Registrar. of any notice with respect to the Refunding Bonds. including any notice of redemption, or (C) the payment to any Participant or any other Person, other than a Refunding Bondholder. as shown in the registration books kept by the Registrar, of any amount with respect to pnncipal of, redemption premium, if any. or interest on the Refunding Bonds. The Issuer, the Registrar and the Paying Agent max' treat and consider the Person in whose name each Bond is registered in the registration book's kept by the Registrar as the Holder and absolute owner of such Refunding Bond for the purpose of payment of principal, redemption premium, if an.,,', and interest with respect to such Refunding Bond. for the purpose of gi'~Sng notices of redemption and other matters with respect to such Refunding Bond. for the purpose of registering transfers with respect to such Refunding Bond, and for all other purposes whatsoever. The Paying Agent shall pay all principal of, redemption premium, if any, and interest on the Refunding Bonds only to or upon the order of the respective Holders, as shown in the registration books kept by the Registrar, or their respective attorneys duly authorized in writing, as provided herein and all such payments shall be valid and effective to fully satisfy and discharge the Issuer's obligations with respect to payment of principal, redemption premium, if any, and interest on the Refunding Bonds to the extent of the sum or sums so paid. No Person other than a Holder, as shown in the registration books kept by the Registrar, shall receive a certificated Refunding Bond evidencing the obligation of the Issuer to make payments of principal, redemption premium, if any, and interest pursuant to the provisions hereof. Upon deliver3, BF1 by DTC to the Issuer of wrinen notice to the effect that DTC has determined to substitute a ne',,,' nominee in place of Cede & Co., and subject to the provisions herein with respect to transfers during the 15 days next preceding an Interest Date or mailing of notice of redemption, the words "Cede & Co." in the Resolution shall refer to such new nominee of DTC: and upon receipt of such notice, the Issuer shall promptly deliver a copy of the same to the Registrar and the Paying Agent. Upon (A) receipt by the Issuer of written notice from DTC (i) to the effect that a continuation of the requirement that all of the Outstanding Series 1998 Bonds or Series 1999 Bonds be registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee of DTC, is not in the best interest of the beneficial owners of such series of Refunding Bonds or (ii) to the effect that DTC is unable or unwilling to discharge its responsibilities and no substitute depository willing to undertake the functions of DTC hereunder can be found which is willing and able to undertake such functions upon reasonable and customary terms, or (B) determination by the Issuer, in its sole discretion. that such book-enn3' only system is burdensome to the Issuer, the Series 1998 Bonds or Series 1999 Bonds. as the case may be, shall no longer be restricted to being registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee of DTC, but may be registered in whatever name or names Holders shall designate, in accordance with the provisions hereof. In such event, the Issuer shall issue and the Registrar shall authent/cate, transfer and exchange the Series 1998 Bonds or Series 1999 Bonds, as the case may be. of like principal amount and maturity, in denominations of $5,000 or any integral multiple thereof to the Holders thereof. The foregoing notwithstanding, until such time as participation in the book-en~' only system is discontinued, the provisions set forth in the Blanket Lener of Representations previously executed by the Issuer and delivered to DTC in order to induce DTC to act as securities depository for the Refunding Bonds shall apply to the payment of principal of and interest on the Refunding Bonds. SECTION 10. APPLICATION OF REFUNDING BOND PROCEEDS. The proceeds derived from the sale of the Refunding Bonds shall be applied by the lssuer simultaneously with the delivery, thereof as follows: (A) An amount equal to the accrued interest on the Refunding Bonds, if any, shall be deposited to the Interest Account and shall be used only for the purpose of paying the interest which shall become due on the Refunding Bonds. (B) A sufficient amount of Series 1998 Bond proceeds, together with other legally available moneys, shall be deposited irrevocably in trust in an escrow deposit trust fund established under the terms and provisions of the hereinafter defined Series 1992 Escrow Deposit Agreement and, other than a cash deposit, shall be invested in Series 1992 Refunding Securities in the manner set forth in the Series 1992 Escrow Deposit Agreement, 10 which investments shall mature at such times and in such amounts as shall be sufficient, together with such cash deposit, to pay the principal of or Redemption Price, if applicable, and interest on the Refunded Series 1992 Bonds as the same mature or are redeemed on the Series 1992 Bonds Redemption Date. (C) A sufficient amount of Series 1999 Bond proceeds, together with other legally available moneys, shall be deposited irrevocably in trust in an escrow deposit trust fund established under the terms and provisions of the hereinafter defined Series 1991 Escrow Deposit Agreement and, other than a cash deposit, shall be invested in Series 1991 Refunding Securities in the manner set forth in the Series 1991 Escrow Deposit Agreement, which investments shall mature at such times and in such amounts as shall be sufficient, with such cash deposit, to pay the principal of or Redemption Price, if applicable, and interest on the Refunded Series 1991 Bonds as the same mature or are redeemed on the Series 1991 Bonds Redemption Date. (D) The remaining Refunding Bond proceeds shall be applied to the payment of the premiums of any municipal bond insurance policies applicable to the Refunding Bonds or reserves established therefor and to the pas~ent of costs and expenses relating to the issuance of the Refunding Bonds. SECTION 11. PRELIMINARY OFFICIAL STATEMENT. The Issuer hereby authorizes the distr/bution and use of the Preliminary Official Statement in substantially the form at~ached hereto as Exhibit C in connection with offering the Refunding Bonds for sale. If between the date hereof and the mailing of the Preliminary Official Statement it is necessary to make insertions, modifications or changes in the Preliminary Official Statement, the Chairman is hereby authorized to approve such insertions, changes and modifications. The Chairman is hereby authorized to deem the Preliminary Official Statement "final" within the meaning of Rule 15c2-12 promulgated under the Securities Exchange Act of 1934 (the "Rule") in the form as mailed. Execution of a certificate by the Chairman deeming the Preliminary Official Statement "final" as described above shall be conclusive evidence of the approval of any insertions, changes or modifications. SECTION 12. OFFICIAL STATEMENT. Subject in all respects with the satisfaction of the conditions set forth in Sections 6 and 7 hereof, the Chairman is hereby authorized and directed to execute and deliver a final Official Statement, dated the date of the execution of the Purchase Conu'acts. which shall be in substantially the form of the Preliminary Official Statement, in the name and on behalf of the Issuer, and thereupon to cause such Official Statement to be delivered to the Underwriters with such changes, amendments, modifications, omissions and additions as may be approved by the Chairman. The Chairman is hereby authorized and directed to execute and deliver a subsequent final Official Statement, or supplement or addendum to the Official Statement, if it is determined 11 by the UnderWriters and Bond Counsel for the Issuer to be necessasy in order to comply with applicable federal securities laws, as a result of the delayed delivery of the Series 1999 Bonds, with such changes, amendments, modifications, omissions and additions as may be approved by the Chairman. Said Official Statements, including any such changes, amendments, modifications, omissions and additions as approved by the Chairman, and the information contained therein are hereby authorized to be used in connection with the sale of the Refunding Bonds to the public. Execution by the Chairman of the Official Statements shall be deemed to be conclusive evidence of approval of such changes. SECTION 13. AUTHORIZATION TO EXECUTE ESCROW DEPOSIT AGREEMENTS AND FORWARD ESCROW SECURITIES PURCHASE AGREEMENT. Subject in all respects to the satisfaction of the conditions set forth in Sect/ons 6 and 7 hereof, the Issuer hereby authorizes and directs the Chairman and Clerk to execute t~'o Escrow Deposit Agreements (the "Series 1991 Escrow Deposit Agreement" and the "Series 1992 Escrow Deposit Agreement" and collectively, the "Escrow Deposit Agreements") and to deliver the Escrow Deposit Agreements to First Union National Bank, Jacksonville. Florida. which is hereby appointed as escrow agent thereunder (the "Escrow Agent"). All of the provisions of the Escrow Deposit Agreements when executed and delivered by the lssuer as authorized herein and when duly authorized, executed and delivered bv the Escrow Agent. shall be deemed to be a part of this Supplemental Resolution as fully and to the same extent as if incorporated verbatim herein, and the Escrow Deposit Agreements shall be in substantially the form of the Series 1991 Escrow Deposit Agreement and the Series 1992 Escrow Deposit Agreement attached hereto as Exhibits D and E. respectively, with such changes, amendments, modifications, omissions and additions. including the date of such Escrow Deposit Agreements, as may be approved by said Chairman and Clerk. Execution by the Chairman and the Clerk of each Escrow Deposit Agreement shall be deemed to be conclusive evidence of approval of such changes. The Financial Advisor, the Underwriters, Bond Counsel and the Escrow Agent are hereby authorized and directed to execute and file all documents necessary, to purchase or subscribe to the Refunding Securities on behalf of the Issuer which relate to the Escrow Deposit Agreements. The Chairman and Clerk also are authorized and directed to execute and deliver any forward escrow securities purchase agreement which is required in connection with the purchase of the Series 1991 Refunding Securities. Such agreement shall be in form and substance satisfactory to the Issuer, Bond Counsel and the provider of such Securities. SECTION 14. TRANSFER OF MONEYS TO ESCROW DEPOSIT TRUST FUNDS. Subject in all respects to the satisfaction of the conditions set forth in Sections 6 and 7 hereof, excess moneys in the Sinking Fund not required by the terms of the Resolution to be on deposit therein and which are allocated to the Refunded Series 1991 Bonds and the Refunded Series 1992 Bonds shall be n'ansferred to the respective escrow deposit trust funds 12 established pursuant to the Escrow Deposit Agreements in accordance with the Escrow Deposit Agreements. SECTION 15. APPOINTMENT OF PAYING AGENT AND REGISTRAR. Subject in all respects with the satisfaction of the conditions set forth in Sections 6 and 7 hereof, First Union National Bank, Jacksonville, Florida, is hereby designated Registrar and Paying Agent for the Refunding Bonds. The Chairman and the Clerk are hereby authorized to enter into any aga'eement which may be necessary to effect the transactions contemplated by this Section 15 and by the Resolution. SECTION 16. INSURANCE. Subject in all respects to the satisfaction of the conditions set forth in Sections 6 and 7 hereo£ the Issuer hereby authorizes the payment of the principal of and interest on the Refunding Bonds to be insured pursuant to municipal bond insurance policies (the "Bond Insurance Policies") issued by Financial Guaranty Insurance Company (the "Insurer" or "FinanciaI Guarans"). The Chairman and the Clerk are hereby authorized to execute such documents and instruments necessary to cause Financial GuaranS' to insure the Refunding Bonds. \Vith respect to the Refunding Bonds. Financial Guaranty shall be deemed to be the "Insurer" as such term is used and defined in the Resolution. SECTION17. PROVISIONS RELATING TO BOND INSURANCE POLICIES. The following provisions relating to the Bond Insurance Policies issued by Financial Guarani' shall apply to the Refunding Bonds so long as either Bond Insurance Policy is in full force and effect and any Refunding Bonds shall remain Outstanding: (A) Information Provided to Financial Guaranty. Financial Guarani' shall be provided with the following information: (i) the Annual Budget for each Fiscal Year, the Annual Audit for each Fiscal Year. and a statement of the Net Revenues for each Fiscal Year. as soon as the same become available; (ii) an)' Official Statement prepared in connection with the issuance of Additional Bonds or Subordinated Indebtedness within 30 days of the sale thereof; (iii) notice of any draw upon or deficiency due to market fluctuation in the amount, ifa.ny, on deposit in the Reserve Account; (ix,) notice of the redemption, other than mandato~' sinking fund redemption, of any of the Refunding Bonds, including the principal amount, maturities and CUSIP numbers thereof', (v) simultaneously with the deliver)' of the Annual Audit: (a) the number of System users as of the end ofthe prev/ous Fiscal Year, (b) notification of the withdrawal of any System user comprising 4% or more of the System sales measured in terms of Net Revenues since the last reporting date, and (c) any sigmficant plant retirements or expansions planned or undertaken since the last reporting date; and (vi) such additional information as the Insurer may reasonably request from time to time 13 (B) Pa.vment Procedure Pursuant to Bond Insurance Policies. (i) If, on the third day preceding any interest payment date for the Series 1998 Bonds or the Series 1999 Bonds the Issuer does not have on deposit sufficient moneys available to pay all principal of and interest on the Series 1998 Bonds and the Series 1999 Bonds due on such date, the Issuer shall immediately notify the Paying Agent who shall immediately notify Financial Guaranty and State Street Bank and Trust Company, N.A., New York, New York or its successor as its Fiscal Agent (the "Fiscal Agent") of the amount of such deficiency. If, by said interest payment date, the Issuer has not provided the amount of such deficiency, the Issuer shall simultaneously make available to Financial Guaranty and to the Fiscal Agent the registration books for the series of Bonds to which such deficiency relates maintained by the Registrar. In addition: (a) The Reg/strar shall prov/de Financial Guaranty with a list of the Series 1998 Bondholders or Series 1999 Bondholders, as the case may be, entitled to receive principal or interest payments from Financial Guaranty under the terms of the applicable Bond Insurance Policy and shall make arrangements for Financial Guaranty and its Fiscal Agent (1) to mail checks or drafts to the Bondholders entitled to receive full or partial interest payments from Financial Guaranty and (2) to pa)' principal of the Series 1998 Bonds or Series 1999 Bonds. as the case ma)' be, surrendered to the Fiscal Agent by the Bondholders entitled to receive full or part/al principal payments from Financial Guaranty. (b) The Registrar shall, at the time it makes the registration books available to Financial Guaranty pursuant to (a) above, notify Series 1998 Bondholders or Series 1999 Bondholders, as the cae may be, entitled to receive the payment of principal of or interest on the Series 1998 Bonds or Series 1999 Bonds from Financial Guarani' (I) as to the fact of such entitlement, (2) that Financial Guaranty will remit to them all or part of the interest payments coming due subject to the terms of the applicable Bond Insurance Policy, (3) that, except as provided in paragraph (ii) below, in the event that an.',' such Bondholder is entitled to receive full pa.xq'nent of principal from Financial Guaranty, such Bondholder must tender his Seres 1998 Bond or Series 1999 Bond, as the case may be, with the instrument of u'ansfer in the form provided on the Bond executed in the name of Financial Guaranty, and (4) that, except as provided in paragraph (ii) below, in the event that such Bondholder is entitled to receive partial payment of principal from Financial Guaranty, such Bondholder must tender his Bond for payment fu-st to the Paying Agent, which shall note on such Bond the portion of principal paid by the Paying Agent, and then, with an acceptable form of assignment executed in the name of Financial Guaranty, to the Fiscal Agent, which will then pay the unpaid portion of principal to the Bondholder subject to the terms of the applicable Bond Insurance Policy. 14 (ii) In the event that the Paying Agent has notice that any payment of principal of or interest on a Series 1998 Bond or Series 1999 Bond, as the case may be, has been recovered fi.om a Bondholder pursuant to the United States Bankruptcy Code by a trustee in bankruptcy in accordance with the final, nonappealable order of a court having competent jurisdiction, the Paying Agent shall, at the time it provides notice to Financial Guaranty, notify all Series 1998 Bondholders or Series 1999 Bondholders, as the case may be, that in the event that any such Bondholder's payment is so recovered, such Bondholder will be entitled to payment fi.om Financial Guaranty to the extent of such recovery, and the Paying Agent shall furnish to Financial Guaranty its records evidencing the payments of principal of and interest on the Series 1998 Bonds or the Series 1999 Bonds, as the case may be, which have been made by the Paying Agent and subsequently recovered from Series 1998 Bondholders or Series 1999 Bondholders. as the case may be, and the dates on which such payments were made. (iii) Financial Guarani5' shall, to the extent it makes payment of principal of or interest on Series 1998 Bonds or Series 1999 Bonds, become subrogated to the fights of the recipients of such payments in accordance with the terms of the applicable Bond Insurance Policy and. to evidence such subrogation, (a) in the case of subrogation as to claims for past due interest, the Paying Agent shall note Financial Guaranty's fights as subrogee on the registration books maintained by the Registrar upon receipt fi'om Financial Guaranty of proof of the payment of interest thereon to the holders of such Bonds and (b) in the case of subrogation as to clams for past due principal, the Registrar shall note Financial Guaranty's fights as subrogee on the registration books for the applicable Series 1998 Bonds or Series 1999 Bonds maintained by the Registrar upon receipt of proof of the payment of principal thereof to the holders of such Bonds. Notvdthstanding anything in the Resolution or the Series 1998 Bonds or Series 1999 Bonds to the contrary, the Paying Agent shall make payment of such past due interest and past due principal directly to Financial Guaranty to the extent that Financial Guaranis' is a subrogee with respect thereto. (ix') The notice address for Financial GuaranD' and the Fiscal Agent shall be included: Financial Gum'ant)' Insurance Company 115 Broadway New York, New York 10006 Anention: Risk Management State Street Bank and Trust Company, N.A. 61 Broadway New York, New York 10006 Attention: Corporate Trust Department 15 (C) ~. (i) Norwithstanding satisfaction of other conditions to the issuance of Additional Bonds contained in the Resolution, no such issuance may occur (other than refunding Bonds which produce debt sen'ice sav/ngs for the Issuer) should any Event of Default have occurred and be continuing without the prior written consent of Financial Guaranty; (ii) notice of an)' redemption of Series 1998 Bonds or Series 1999 Bonds, other than mandatory sinking fund redemption and excepting an)' notice that refers to senes 1998 Bonds or Series 1999 Bonds, as the case may be, that are the subject of an advance refunding, shall state that such notice is conditional, i.e., that such redemption will occur only if sufficient funds are deposited with the Paying Agent on the applicable redemption date to pay the redemption price of the Bonds to be redeemed, otherwise, such notice shall be deemed rescinded; (iii) an)' successor Paying Agent for either the Series 1998 Bonds or the Series 1999 Bonds must have combined capital, surplus and undivided profits of at least S50 million, unless Financial Guaranty. shall other~xsse approve; (iv) no resignation or removal of the Pa)4ng Agent shall become effective until a successor has been appointed and has accepted the duties of Paying Agent: (v) Financial GuaranL-y shall be furnished with v, vinen notice of the resigmation or removal of the Paying Agent and the appointment of an.~ successor thereto: (xS) the Pa)ing Agent and an)' applicable receiver or trustee shall not take the Bond insurance Policies into account in determining whether the rights of Series 1998 or senes 1999 Bondholders are adversely affected by actions taken pursuant to the terms and provisions of the Resolution: (vii) the Issuer or the Paying Agent shall provide Financial Guaranty with immediate notice of an.,.' payment default and notice of an5' other default known to the Issuer within 30 days of their 'knowledge thereof: (viii) Financial Guaranty shall be included as a part2,.' in interest and as a part)' entitled to (a) notify the Issuer. the Paying Agent and an)' applicable receiver or trustee of the occurrence of an Event of Default and (b) request the Issuer. and an5' applicable receiver or trustee to intervene in judicial proceedings that affect the Series 1998 Bonds or the Series 1999 Bonds or the security therefor: the Issuer and an5' applicable receiver or trustee shall be required to accept notice of default from Financial Guaranty; (ix) for all purposes of.,-trticle VII of the Resolution (except the gixing of notice of defauh to Bondholders), Financial Guaranty shall be deemed to be the sole holder of the Series 1998 Bonds and the Series 1999 Bonds so long as it has not failed to comply with its obligations under the Bond Insurance Policies: (x) Financial Guarani' shall be proxided with a full transcript of proceedings relating to the execution of any Supplemental Resolution; (xi) in determining whether a payment default on the Series 1998 Bonds or the Series 1999 Bonds has occurred, no effect shall be given to payrnents made under the applicable Bond Insurance Policy; (xii) any Supplemental Resolution adopted by the Issuer pursuant to Section 8.02 of the Resolution shall be subject to the prior v, ritten consent of Financial Guarani' (any rating agency rating the Series 1998 Bonds or the Series 1999 Bonds shall receive notice of each such Supplemental Resolution and a cop5' thereof at least 15 days in advance of the adoption thereof); and (xiii) in the event of an advance refunding of the Series 1998 Bonds or the Series 1999 Bonds, the Issuer shall cause to be delivered a verification report of an independent nationally recognized certified public 16 accountant relating to the sufficiency of cash and/or Refunding Securities to pay the principal of, redemption premium, if any, and interest on the Bonds to be refunded, as the same become due or are redeemed. SECTION 18. SECONDARY MARKET DISCLOSURE. Subject in all respects to the satisfaction of the conditions set forth in Section 6 hereof, the Issuer hereby covenants and agrees that, in order to provide for compliance by the lssuer with the seconchry market disclosure requirements of the Rule, it will comply with and carry out all of the provisions of each of the Continuing Disclosure Certificates to be executed by the Issuer and dated the respective dated dates of the Series 1998 Bonds and the Series 1999 Bonds, as they may be amended fi.om time to time in accordance with the terms thereof. The Continuing Disclosure Certificates shall be substantially in the forms of Exhibit F hereto with such changes, amendments, modifications, omissions and additions as shall be approved by the Chairman who is hereby authorized to execute and delivew such Certificates. Notw/thstanding any other provision of the Resolution. failure of the Issuer to comply with such Continuing Disclosure Certificates shall not be considered an Event of Default under the Resolution; provided, however, to the extent pertained by la',',', the sole and exclusive remedy of any Series 1998 Bondholder or Series 1999 Bondholder for the enforcement of the provisions of the respective Continuing Disclosure Certificates shall be an action for mandamus or specific performance, as applicable, by court order, to cause the Issuer to comply with its obligations under this Section 18 and the respective Continuing Disclosure Certificates. For purposes of this Section 18, "Series 1998 Bondholder" and "Series 1999 Bondholder" shall mean any person who (A) has the power, directly or indirectly, to vote or consent with respect to. or to dispose of ownerskip of, any Series 1998 Bonds or Series 1999 Bonds. as the case may be (including persons holding such Bonds through nominees, depositories or other intermediaries), or (B) is treated as the owner of any such Bond for federal income tax purposes. SECTION 19. GENERAL AUTHORITY. The members of the Governing Board of the Issuer, the Clerk and the officers, anorneys and other agents or employees of the Issuer are hereby authorized to do all acts and things required of them by this Supplemental Resolution, the Resolution, the Official Statement, the Continuing Disclosure Certificates, the Escrow Deposit Agreements or the Purchase Contracts or desirable or consistent with the requirements hereof or the Resolution, the Official Statement. the Continuing Disclosure Certificates, the Escrow Deposit Agreements or the Purchase Contracts for the full punctual and complete performance of all the terms, covenants and agreements contained herein or in the Refunding Bonds, the Resolution, the Official Statement, the Continuing Disclosure Certificates. the Escrow Deposit Agreements and the Purchase Contracts and each member, employee, attorney and officer of the Issuer and the Clerk is hereby authorized and directed to execute and deliver any and all papers and instruments and to be and cause to be done any and all acts and things necessary or proper 17 I for carr2:dng out the transactions contemplated hereunder. The Issuer hereby authorizes its Financial Advisor and Bond Counsel to do all things necessa,'3' to acquire the Series 1991 Refunding Securities and the Series 1992 Refunding Securities. In the event the Chairman is absent or unavailable to perform any function or dub' hereunder, the Vice-Chairman is hereby authorized to perform any and all of such functions or duties. SECTION 20. SEVERABILITY AND INVALID PROVISIONS. If any one or more of the covenants, agreements or provisions herein contained shall be held contrary, to any express pro,,Ssion of law or contrary to the policy of express law, though not expressly prohibited or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements or provisions shall be null and void and shall be deemed separable from the remaining covenants, agreements or provisions and shall in no wa>' affect the validity of any of the other provisions hereof or of the Refunding Bonds. SECTION 21. RESOLUTION TO CONTINUE IN FORCE. Except as herein expressly provided, the Resolution and all the terms and proxssions thereof are and shall remain in full force and effect. SECTION 22. EFFECTIVE DATE. This Supplemental Resolution shall become effective immediately' upon its adoption. DULY ADOPTED, in Regular Session this 24th da5' of November, 1998. (SEAL) AT-TEST: COLLIER COUNTY WATER-SEWER DISTRICT Chairm~'~Bo~rcl of~ CounXi~ Com~is~l~s of Collier County Florida, ~;.a.s . the' Ex-Officj~ Chairman of the Governing Bg.ard of the Collier:' County Water-Sewer District '" ' +' : ,, -,Clerk of County Corniness)tm ;:. '. of Colher Count', Florida, as Ex-Officio 18 Clerk of the Governing Board of the Collier County Water-Sewer District APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Dis~ict Attorney Z~) 19 EXHIBIT A FORM OF SERIES 1998 PURCHASE CONTRACT ~BOND pI. FR(~tASE CONTRACT ,199g Re: $ Collier County Water-Sewer District, Water and Sewer Refunding Revenue Bonds, Series 1998 Collier County Water-Sewer District Govm"ument Complex 3301 East Tamiami Trail Naples, Florida 34112 Ladies and Gentlemen: Raymond James & Associates, Inc. (the "Representative"), on its own behalf and on behalf of Salomon Smith Barney, Inc. (collectively, the 'Underwriters") offers to enter into this Bond Purchase Contract (the "Contract") with you (the "Issuer"), which, upon your acceptance of this offer, will be binding upon you and upon the Underwriters. This offer is made subject to your acceptance on or before 8:00 p.m., ES.T., on the date hereof, and ifnot so accepted, will be subject to withdrawal by the Underwriters upon notice to the Issuer at any time prior to the acceptance hereof by you. 1. Purchase and Sale. Upon the terms and conditions and upon the basis of the representations, warranties and agreements set forth herein, the Underwriters hereby agree to purchase fi.om the Issuer on the Settlement Date (herein~er defined) for offering to the public, and' the Issuer hereby agrees to sell and deliver to the Underwriters for such purpose, all (but not less than all) of the Issuer's $ aggregate principal amount of Water and Sewer Refunding Revenue Bonds, Series 1998 (the "Bonds"). The Bonds shall be dated as of I, 199__, shall be issued in such principal amounts, shall bear such rates of interest, and shall not be subject to redexnption prior to maturity. Interest on the Bonds shall be payable semiannually on January 1 and July l ofeac..h year until maturity, commencing 1, 1999. The aggregate purchase price of the Bonds shall be $ . (which takes into account Ia net original issue discount] of $ and an Underwriters' discount of $ ), plus accrued interest on the Bonds from I, 199__ to the Settlement Date. The Bonds are being issued for the purpose of refunding the Issuer's Water and Sewer Revenue Bohds, Series 1992 which mature on and a~er July 1, 2003 (the "Refunded Bonds"), and paying the costs of issuance of the Bonds, including the cost ofpurchadng a municipal bond insurance policy (the "Policy"). The Bonds shall initially be offered to the public at such prices or yields (including discounts and premiums) as indicated on Schedule I attached hereto. The Bonds shall be issued pursuant to the Constitution and Laws of the State of Florida, including particularly Chapter 78-499, Laws of Florida., as ~mended and supplemented, in particular by Chapter 88-499, Laws of Florida, and other applicable provisions of law (collectively, the "Act"), and Resolution No. CWS-85-$ of the Issuer edopted on July 30, 1985, as restated, amended and supplemented (collectively, the ~RasolutionM). Any capitalized terms u~xl but not otherwise defined herein shall have the respective meanings assigned such terms in the Re~olution. The Underwriters agree to make a public offering of the Bonds at the initial offering prices or yields set forth in Schedule I attached hereto; provided, however, the Underwriters reserve the right to make concessions to dealers and to change such initial offering prices or yields as the Underwriters shall deem necessary in cormection with the marketing of the Bonds. The Representative has been duly authorized to execute this Contract. 2. Good Faith Deposit. Delivered to you herewith, as a good faith deposit, is a good faith check of the Representative payable to the order of the Issuer in the amount ors as security for the performance by the Underwriters of their obligation to accept and pay for the Bonds on the Settlement Date in accordance with the provisions hereof In the event that you accept this offer, said check will be held uncashed by the Issuer as a good faith deposit. At the Settlement, the check will be returned to the Representative. In the event you do not accept this offer, the check shall be immediately returned to the Representative. Ifthe Underwriters fail (olher than for a reason permitted hereunder) to accept and pa)' for the Bonds at the Settlement as provided herein, the check may be cashed by you and the proceeds retained by you as and for full liquidated damages for such failure and for any and all defaults hereunder on the part of the Underwriters. and the retention of such mounts shall constitute a full release and discharge of all claims and damages for such failure and for any and all such defaults hereunder on the part of the Underwriters In the event that the Issuer fails to deliver the Bonds at the Settlement, or if the Issuer is unable at or prior to the Settlement date to satisfy or cause to be satisfied the conditions to the obligations of the Underwriters contained in this Contract. or if the obligations of the Underwriters contained herein shall be cancelled or terminated for any reason permitted by this Contract, the Issuer shall be obligated to immediately return the check to the Underwriters. 3. Offering. It shall be a condition of your obligation to sell and deliver the Bonds to the Underwriters, and the obligation of the Underwriters to purchase and accept delivery of the Bonds, that the entire initial aggregate principal amount of the Bonds shall be sold and delivered by you and accepted and paid for by the Underwriters at the Settlement. 4. Preliminary Official Statement and Official Statement. The Issuer hereby confirms that it has heretofore made available to the Underwriters a Preliminary Official Statement of the Issuer relafing to the Bonds dated ,1998 (which, together with the cover page and appendices con~ therein, is herein called the "Preliminary Official Statement"), and ratifies and approves the distribution thereof to prospective purchasers and investors. Within seven business days of the acceptance hereof by the Issuer, the Issuer shall cause to be delivered such reasonable number of 2 conformo:l copies as the Underwriters shall request ofthe Official Statement, dated the date hereof (which, together with the cover page and appendices contained therein, is herein called the 'Official Statement'), executed on behalf of the Issuer by the Chairman or Vice Chairman, which shall be sufficient in number to comply with paragraph (bX4) of Rule 15c2- 12 of the Securities and Exchange Commission under the Seeuritles Exchange Act of 1934, as amended (the "Rule") and with Rule G- 32 and all other applicable rules of the Municipal Securities Rulemaldng Board (the "MSR.B"). The Issuer, by its acceptance hereof ratifies and approves the Preliminary Official Statement and ratifies and approves and authorizes the Underwriters to use the Official Statement and all documents described therein in connection with the public offering and the sale of the Bonds. In accordance with Section 218.385. Florida Statutes, the Underwriters hereby disclose the required information as prov/ded in Attachment I attached hereto, and the Issuer hereby discloses a truth-in-bonding statement in Section 6 hereof 5. Use of Documents. You hereby authorize the use by the Underwriters of (a) the Resolution, (b) the Preliminary Official Statement, (c) the Official Statement (including any supplements or amendments thereto), and (d) any other documents related to the transactions contemplated in the Official Statement in connection with the public offering, sale and distribution of the Bonds 6 Representations. Warranties and Agreements The Issuer hereby represents, warrants and agrees as £ollows: (a) As of the date of the Official Statement and the Settlement Date, the statements and information contained in the Official Statement will be true, correct and complete in all material respects and the Official Statement will not omit any statement or information which should be included therein for the purposes for which the Official Statement is to be used or which is necessary to make the statements or information contained in the Official Statement. in light of the circumstances under which they were made, not misleading. (b) Between the date of this Contract and the Settlement Date. other than as disclosed in the Official Statement, the Issuer will not execute any bonds, notes or obligations for borrowed money, other than the Bonds, or obligations which pledge either the full faith and credit of the Issuer or the Pledged Funds, without giving prior written notice thereof to the Underwriters. (c) The Issuer is, and will be on the Settlement Date, duly organized and validly existing as a local governmental body corporate and politic of the State of Florida, with the powers and authority set forth in the Act. (d) The Issuer has full legal right, power and authority to: (i) enter into this Contract, the Cominuing Disclosure Certificate to be dated such date as designated by the Issuer (the "Continuing Disclosure Certificate"), and the Escrow Deposit Agreement to be dated such date as agreed upon by the parties thereto (the "Escrow Agreement"), (ii) adopt the Resolution, (iii) sell, issue and deliver 3 the Bonds to the Underwriters as provided herein, and (iv) carry out and consummate the transactions contemplated by tiffs Contract, the Continuing Disclosure Certificate, the Escrow Agreement, the Resolution, and the Official Statement, and the Issuer has complied, and on the Settlement Date, will be in compliance, in all respects, with the terms of the Act and with the obligations on its part in connection with the issuance of the Bonds contained in the Resolution, the Bonds, this Contract, the Continuing Disclosure Certificate and the Escrow Agreement. (e) By all necessary official action, the Issuer has duly adopted the Resolution, has duly authorized and approved the Official Statement substantially in the form of the Preliminary Official Statement, has duly authorized and approved the execution and delivery of, and the performance by the Is.riser, of this Contract, the Continuing Disclosure Certificate, and the Escrow Agreement, and all other obligations on its part in connection with the issuance of the Bonds and the consummation by it of all other transactions contemplated by this Contract in connection with the issuance of the Bonds. (f') When delivered to and paid for by the Underv, Titers on the Settlement Date in accordance with the provisions of this Contract, the Bonds will have been duly authorized, executed, issued and delivered and will constitute valid and binding obligations of the Issuer in conformity with the Act and the ResoIution, and shall be entitled to the benefits of'the Resolution (g) The adoption of the Resolution and the authorization, execution and delivery of this Contract, the Continuing Disclosure Certificate, the Escrow Agreement and the Bonds, and compliance with the provisions hereof'and thereo£will not conflict with, or constitute a breach of or default under any Iaw, administrative regulation, consent decree, ordinance, resolution or any agreement or other instrument to which the Issuer was or is subject, as the case may be, nor will such adoption, execution, delivery, authorization or compliance result in the creation or imposition of any lien, charge or other security interest or encumbrance of any nature whatsoever upon any of the property or assets of the Issuer, or under the terms of any law, administrative regulation, ordinance, resolution or instrument, except as expressly provided by the Resolution (h) As of the date hereofand on the Settlement Date, the Issuer will be in compliance in all material respects with the covenants and agreements contained in the Resolution a.nd no event of default and no event which, with the lapse of time or giving of notice, or both, would constitute an event ofde£ault under the Resolution will have occurred or be continuing. (i) Except as provided in the Official Statement, all approvals, consents, authorizations and orders of any governmental anthodty or agency having jurisdiction in any matter which would constitute a condition precedent to the performance by the Issuer of its obligations hereunder and its obligations under the Resolution have been obtained and are in ~II force and effect. O) The Issuer is lawfully empowered to pledge and grant a lien upon the Pledged Funds for payment of the principal of and interest on the Bonds on a parity with the lien of the Issuer's Outstanding Parity Bonds (k) Except as disclosed in the Offficial Statement, to the best knowledge of the Issuer, as of the date hereof and the Settlement Date, there is no action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court, government agency, public board or body, pending or threatened against the Issuer, affecting or seeking to prohibit, restrain or enjoin the sa]e, isamnce or delivery ofthe Bonds or the collection of the Pledged Funds or the pledge of and lien on the Pledged Funds created by the Resolution or contesting or affecting, as to the Issuer, the validity or enforceability in any respect relating to the Bonds, the Resolution, this Contract, the Continuing Disclosure Certificate, or the Escrow Agreement, or contesting the tax-exempt status of interest on the Bonds or the Outstanding Parity Bonds, or contesting the completeness or accuracy of the Official Statement or any supplement or amendment to either, or contesting the powers of the Issuer or any authority for the issuance of the Bonds, the adoption ofthe Resolution or the execution and delivery by the Issuer of this Contract, the Continuing Disclosure Certificate or the Escrow Agreement. (I) The Issuer will furnish such information, execute such instruments and take such other action in cooperation with the Unde~'riters as the Underwriters may reasonably request in order to (i) q~lMify the Bonds for offer and sale under the "blue sky" or other securities laws and regulations of such states and other jurisdictions of the United States as the Unde~'riters may designate, and (ii) determine the eligibility of the Bonds for investment under the laws of such states and other jurisdictions, and will use its best efforts to continue such qualifications in effect so long as required for the distribution of the Bonds; provided, however, that the Issuer shall not be required to execute a general or special consent to service of process or qualify to do business in connection with any such qualification or determination in any jurisdiction. (m) The Issuer will not take or omit to take any action, which action or omission will in any way cause the proceeds from the sale of the Bonds to be applied in a manner contrary to that provided for in the Resolution and as described in the Official Statement. (n) Except as disclosed in the Official Statement. the Issuer and Collier County, Florida (the "County") are not, and have never been, in default any time after December 31. 1975, as to principal or interest with respect to an obligation issued or guaranteed by either. (o) Neither the Issuer nor the County have been notified of any listing or proposed listing by the Internal Revenue Service to the effect that either is a bond issuer whose arbitrage certifications may not be relied upon. (p) By certificate, as of its date, the Preliminary Official Statement was deemed "final" for purposes of the Rule, except for "permitted omissions" as therein defined by an official of the Issuer who was heretofore authorized to make such certification. (q) Any certificate signed by any official of the Issuer and delivered to the Underwriters shall be deemed to be a representation by the Issuer to the Underwriters as to the statements made therein. 8E1 (r) If, after the date of this Contract and until the earlier of(i) 90 days from the end of the "underwriting period" (as defined in the Rule) or (ii) the time when the Official Statement is available to any person from a nationally recognized repository, but in no case less than 25 days following the end of the underwriting period, any event shall occur which might or would cause the Official Statement, as then supplemented or amended, to contain any untrue statement ora material fact or to omit to state a material fact necessary to make the statements therein, in the light of the ciro. nn.stances under which they were made, not misleading, the Issuer shall notify the Underwriters thereof, and, if in the opinion of the Underwriters, such event requires the preparation and publication ora supplement or amendment to uhe Official Statement, the Issuer will at its own expense forthwith prepare and furnish to the .Underwriters a sufficient number of copies of such amendment or supplement (in form and substance satisfactory to Issuer and the Underwriters) which will supplement or amend the Official Statement, so that the Official Statement will not contain an untrue statement ora material fact or omit to state a material fact necessary in order to make the statements therein, in light of the circumstances existing at such time, not misleading (s) If the Official Statement is supplemented or amended as provided herein, at the time of such supplement or amendment thereto, the Official Statement, as so supplemented or amended, w/Il not cont~ any untrue statement ora material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading. Between the date hereof and the Settlement Date. the Issuer will not supplement or amend the Resolution~ this Contract, the Escrow Agreement, the Continuing Disclosure Certificate, or the Official Statement without the prior consent of the Underwriters (t) The representations, warranties and agreements ofthe Issuer contained herein shall be true and correct and complied with as of the date hereof and as of the Settlement Date, as if made on the Settlement Date (u) Subsequent to the respective dates as of which information is given in the Official Statement, and prior to the Settlement Date, except as set forth in or contemplated by the Official Statement, unless consented to by the Underwriters, (1) the Issuer has not incurred and shall not have incurred any material liabilities or obligations relating to the System, direct or contingent, except in the ordinary course of business, and has not entered and will not have entered into any material transaction relating to its System not in the ordinary course of business, (2) there has not been and will not have been any material increase in the long-term debt payable from Pledged Funds or decrease in the fund equity of the fund of the Issuer relating to the System, (3) there has not been and will not have been any material adverse change in the business or financial position or results of operations of the System, (4) no loss or damage (whether or not insured) to the property of the System has been or will have been sustained which materially and adversely affects the operations of the System, and (5) no legal or governmental proceeding affecting the System or the transactions contemplated by this Contract has been or will have been instituted or threatened which is material. 6 I (v) Other than as disclosed in the Preliminary Official Statement and the Official Statement. the Imaer h~ never fa/led to comply with any agreement to provide continuing disclosure information pursuant to the Rule. (w) The Issuer makes the following representations and statements to comply with Section 218.385(2) and (3), Florida Statutes, by making the following trmh-in-bonding statement. The Issuer is proposing to issue $ of its Bonds for the purposes of refunding the Issuer's Refunded Bonds, and paying the costs of issuance of the Bonds, including the cost of the Policy. The Bonds are expected to be repaid over a period of approximately __ years. At a true interest cost rate of __%, total interest paid over the life of the Bonds will be 5; (exclusive of accrued interest). The source of repayment for the Bonds, on parity and equal status with the Outstanding Parity Bonds, is the pledge of the Pledged Funds. Authorizing this obligation will result in approximate, ly $ annually of the Pledged Funds not being available to finance other services of the Issuer each year for approximately years; provided, however, that the amount of Pledged Funds which will be used to pay the debt service on the Bonds as a result of the refunding will be less on an annual basis as compared to the amount of Pledged Funds which would have been used to pay the debt service on the Refunded Bonds had the refunding not occurred (x) Relating to the Refunded Bonds and the Outstanding Parity Bonds, to the best knowledge of the Issuer, there is not an unfunded materially significant rebate liability of the Issuer owing the Internal Revenue Service (y) Since September 30, 1997 (the date of the Issuer's mos! recent audited financial statements) and since September 30, 1998 (the date of the Issuer's most recent unaudited financial statements), no material adverse change has occurred in the financial position and results of operations of the Issuer and the Issuer has not incurred any material liabilities other than in the ordinary course of business, except as set forth in the Official Statement 7. Settlement. At 9:00 a.m., prevailing time, on ,1998, or at such time on such earlier or later date as shall be mutually agreed upon, at the offices of Nabors, C,-iblin & Nicker*on, P.A., in Tampa~ Florida, or at such other place mutually agreed upon, you will deliver to the Underwriters, at the location and place to be agreed upon by you and the Underwriters, the Bonds, duly executed, together with the other documents, certificates and opinions herein mentioned in Section 8, and the Underwriters, will accept such delivery and pay at such location, as may be agreed upon by you and the Underwriters, the purchase price of the Bonds as set forth in Section 1 hereof, plus accrued interest on the Bonds from I, 199_ to the date of Settlement, by immediately available funds, payable to the order of the Issuer. This date is herein called the "Settlement Date," and such delivery and payment is herein called the "Settlement." The Bonds shall be made available to the Underwriters at least two business days before the Settlement for purposes of inspection at the offices of The Depository Trust Company ("DTC"), New York, New York, or at such other place mutually agreed upon. The Bonds shall be prepared and delivered as fully registered Bonds in the name of Cede & Co. 8. Settlement. The Underwriters have entered into this Contract in reliance upon the representations and warranties of the Issuer herein contained and the performance by the Issuer of 7 its obligations hereunder, both as of the date hereof and as of the time of Settlement. The obligations ofthe Underwriters under this Contract are and shall be subject to the following conditions: (a) The representations, warranties and agreements of the Issuer contained herein shall be true and correct and complied with as of the date hereof and as oftbe date of the Settlement, as if made on the date of the Settlement. Co) At the time of the Settlement. the Resolution shall be in full force and effect in accordance with its terms and shall not have been amended, modified or supplemented, and the Official Statement shall not have been supplemented or amended, except in any such case as may have been agreed to by the Underwriters. (c) At the time of the Settlement, all official action of the Issuer relating to this Contract and the Bonds shall be in full force and effect in accordance with their respective terms and shall not have been amended, modified or supplemented in any material respect, except in each case as may have been agreed to by the Underwriters (d) The Underwriters shall have the right to cancel the Contract contained herein to purchase, to accept delivery of and to pay for the Bonds by notifying you in writing of their intention to do so if (i) between the date hereof and the Settlement Date. legislation shall have been emacted by the Congress ofthe United States, or recommended to the Congress for passage by the President of the United States, or favorably reported for passage to either House of Congress by any Committee of such House, or passed by either House of Congress, or a decision shall have been rendered by a court of the United States or the United States Tax Court, or a ruling shall have been made or a regulation shall have been proposed or made by the Treasury Department of the United States or the Internal Revenue Service, with respect to the federal taxation of interest received on obligations of the general character of the Bonds, which, in the opinion of Counsel for the Underwriters has, or will have, the effect of making such interest subject to inclusion in gross income for purposes of federal income taxation, except to the extent such interest shall be includable in gross income on the date hereof, or (ii) between the date hereof and the Settlement Date. legislation shall be enacted or any action shall be taken by the Securities and Exchange Commission which, in the opinion of Counsel for the Underwriters, has the effect of requiring the contemplated issuance or distribution oftbe Bonds to be registered under the Securities Act of 1933, as amended, or of requiring the Resolution to be qualified under the Trust Indenture Act of 1939, as amended, or (iii) an event described in paragraph (r) of Section 6 hereof shall have occurred which requires an amendment or supplement to the Official Statement and which, in the reasonable opinion of the Underwriters. materially adversely affects the marketability of the Bonds or the market price thereof, or 8 (iv) in the opinion of the Underwriters, payment for and delivery of the Bonds is rendered impracticable or inadvisable because (Al trading in securities generally shall have boen suspended on ',he New York Stock Exchange, Inc., or (Bi a general banking moratorium shall have been established by Federal, New York or Florida authorities, or (c) a war or escalation ofwar involving the United States or other national calamity shall have occurred or been declared, or (v) an order, decree or injunction of any court of competent jurisdiction, or any order, ruling, regulation or administrative proceeding by any governmental body or board, shall have been issued or commenced, or any legislation enacted, with the purpose or effect of prohibiting the issuance, offering or sale of the Bonds as contemplated hereby or by the Official Statement or prohibiting the adoption, enactment or performance of the Resolution, or (vi) the Issuer has, without the prior written consent ofthe Underwriters, offered or issued any bonds, notes or other obligations for bo, rowed money, or incurred any material liabilities, direc~ or contingent, other than as described in the Official Statement in either case payable from the full faith and credit of the Issuer or the Pledged Funds, or (vii) the President of the United States, the Office of Management and Budget, the Department of lreasury, the Internal Revenue Service or any other governmental body, department, agency or commission ofthe United States or the State of'Florida shall take or propose to take any action or implement or propose regulations, rules or legislation which, in the reasonable judgment of the Underwriters, materially adversely affects the market price of the Bonds or causes any material information in the Official Statement, in light of the circumstances under which it appears, to be misleading in any material respect, or (viii) any executive order shall be announced, or any legislation, ordinance, rule or regulation shall be proposed by or introduced in, or be enacted by any governmental body, department, agency or commission of the United States or the State of Florida or the State of New York, having jurisdiction over the subject matter, or a decision by any court of competent jurisdiction within the United States or within the State of FIodda or the State of New York shall be rendered which, in the reasonable judgment of the Underwriters, materially adversely affects the market price of the Bonds or causes any information in the Official Statement to be misleading in any material respect, or (ix) prior to Settlement, either (A) Standard & Poor's Ratings Service or Moody's Investor Service, Inc. shall inform the Issuer or the Underwriters that the Bonds will not be rated at least 'AAA" and "Aaa," respectively, based on the issuance of the Policy, or (B) shall inform the Issuer or the Underwriters that the Bonds will not have an underlying rating of .... assuming that municipal bond insurance were not to be procured, or (C) the Insurer shall fail to deliver the Policy. (e) At or prior to the date ofthe Senlement, the Underwriters shall receive the following documents: (i) The Resolution certified by lhe Clerk of the Issuer under seal as having been duly adopted by the Issuer and as being in effect, and fully executed counterparts of this Contract, the Continuing Disclosure Certificate and the Escrow Agreement, with such supplements, moclifications or amendments as may have been agreed to by the Underwriters. (ii) A final approving opinion ofNabors, Giblin & Nickerson, P.A., Bond Counsel to the Issuer, addressed to you, dated the date of the Settlement, in substantially the form attached to the Official Statement as Appendix E-I. (iii) A letter ofNabors, Giblin & Nickersun, P.A. addressed to the Underwriters and the Insurer, and dated the date of Settlement, to the effect that their final approving opinion referred to in Section 8(e)(ii) hereof'may be relied upon by the Underwriters and the Insurer to the same extent as if such opinion were addressed to the Underwriters and the Insurer. (iv) An unqualified supplemental opinion ofNabors. Giblin & Nickerson, P.A. addressed to the Underwriters, and dated the date of Settlement, to the effect that, (i) the statements contained in the Official Statement under the captions "INTRODUCTION" (other than the information set forth under the subheadings "The County and the District," "Purpose of the Refunding Bonds," "Municipal Bond Insurance," and "Additional Information"), "DESCRIPTION OF THE REFUNDING 1998 BONDS", "REDEMPTION PROVISIONS," "PLAN OF FINANCING," "SECURITY FOR THE REFUNDING BONDS" "ADDITIONAL BONDS," "TAX EXEMPTION," and "APPENDIX A - SUM3/uaJ~Y OF CERTAIN PROVISIONS OF THE RESOLUTION", insofar as such information purports to summarize pomions of the Resolution, the Bonds, the Act and the Constitution and laws of the State of Florida and Federal tax law, constitutes a fair summary of the information purported to be summarized therein, (ii) the Official Statement has been duly authorized, executed and delivered by the Issuer, and the Issuer has consented to the use thereof by the Underwriters, (iii) the Bonds are exempt from registration under the Securities Act of 1933, as amended, and it is not necessary in connection with the sale of the Bonds to the public to register the Bonds under the Securities Act of 1933, as amended, and (iv) the Resolution is exempt from qualification under the Trust Indenture Act of 1939, as amended; (v) An unqualified opinion of David Weigel, Esq., Attorney to the Issuer, addressed to the Underwriters, and dated the date of the Settlement, to the effect that (A) the Issuer is a body corporate and politic in the State of Florida, duly organized and validly existing and has full legal right, power and authority to adopt and perform its obligations under the Resolution, and to authorize, execute and deliver and to perform its obligations under the Continuing Disclosure Certificate, the Escrow Agreement and this Contract, (B) the Issuer has duly adopted the Resolution, and has duly authorized, executed and delivered this Contract, the Escrow Agreement and the Continuing Disclosure Certificate, and assuming the due authorization, execution and delivery of this Contract and the Escrow Agreement by the other parties thereto, such instruments constitute legal, binding and valid obligations of the Issuer, enforceable in accordance with their terms; provided, however, the enforceability thereof may be subject to bankruptcy, insolvency, reorganization, moratorium and other similar laws affecting creditors' rights generally and subject, as to enforceability, to general 10 principles of equity and the exerdse of judicial discretion, (C) with respect to the information in the Official Statement and based upon his participation in the preparation of the Official Statement as Attorney to the Issuer, he has no reason to believe that the Official Statement (except for the financial and statistical data contained therein and except for information provided by the Insurer or DTC, as to which no v~ew need be expressed) contains any untrue statement ora material fact or omits to state a material fact required to be stated therein or necessary to make the statements made thm'ein, in fight of the circumstances under which they were made, not nfisleading, (D) the use of the Prelinfinary Official Statement by the Underwriters for the purpose of offering the Bonds has be~n duly authorized and ratified by the Issuer, CE) the Offidal Statement has bea~ duly authorized, executed and delivered by the Issuer, and the Issuer has consented to the use and distribution thereof by the Underwriters, (F) the adoption of the Resolution and the authorization, execution and delivery of the Continuing Disclosure Certificate, tiffs Contract, the Escrow Agreement and the Bonds, and compliance with the provisions hereof and thereof, will not conflict with, or constitute a breach of or default under, any law, administrative regulation, consent decree, ordinance, resolution or any agreement or other instrument to which the Issuer is subject nor will such enactment, adoption, execution, delivery, authorization or compliance result in the creation or imposition of an): lien, charge or other security interest or encumbrance of any nature whatsoever upon any of the property or assets of the Issuer. or under the terms of any law, administrative regulation, ordinance, resolution or instrument, except as expressly provided by the Resolution, (G) all approvals, consents, authorizations and orders of any governmental authority or agency having jurisdiction in any matter which would constitute a condition precedent to the performance by the Issuer of its obligations hereunder and the Resolution have been obtained and are in full force and effect. (H) the Issuer is lawfully empowered to pledge the Pledged Funds to the extent provided in the Resolution, (I) the water and sewer rates, the System Development Charges, and an)' Special Assessments were established in compliance with the Act and other applicable law. and the resolutions or ordinances establishing such rates, fees and/or assessments were duly adopted and/or enacted, as the case may be. and (J) except as disclosed in the Official Statement, to his knowledge after due inquiry, as of the date of his opinion, there is no action, suit. proceeding, inquiry or investigation, at law or in equity, before or by an)' court, government agency, public board or body, pending or. to the best of his knowledge, threatened against the Issuer, affecting or seeking to prohibit, restrain or enjoin the sale. issuance or delivery of the Bonds or the collection of the Pledged Funds to pay the principal of, premium, if any, and interest on the Bonds, or contesting or affecting as to the Issuer the validity or enforceability of the Act in any respect relating to authorization for the issuance of the Bonds, the Resolution, the Continuing Disclosure Certificate, the Escrow Agreement or lhJs Contract, or contesting the tax-exempt status of interest on the Bonds, or contesting the completeness or accuracy of the Official Statement or any supplements or amendments thereto, or contesting the powers of the Issuer or any authority for the issuance ofthe Bonds. the adoption ofthe Resolution, or the execution and delivery by the Issuer of this Contract, the Escrow Agreement or the Continuing Disclosure Certificate; notwithstanding the foregoing, Counsel to Issuer shall not be required to pass upon the applicability of any approvals, consents and orders as may be required under the Blue Sky or securities laws or legal investment laws of any state in connection with the offering and sale of the Bonds or in connection with the registration of the Bonds under the Federal securities laws. 11 (vi) A certificate dated the date ofthe Settlement and signed by the Chairman or Vice Chairman of the Issuer, or such other official satisfactory to the Underwriters, and in form and s~bstance satisfaaory to the Underwriters, to the effect that (A) the representations, warranties and covenants of the Issuer contained herein are true and correct to the best of his knowledge and belief in all material respects and are complied with as of the time of Set~en'~nt, and (B) the Chairman or Vice Chairman has no knowledge or reason to believe that the Offificial Statement as of its date, and as of the date of Settlement, other than the information provided by the Insurer and DTC, comains any untrue statement of a material fact or omits to state a material fact which should be included therein for the purposes for which the Official Statement is to be used, or which is necessary in order to make the statements contained therein, in light of the circumstances in which they were made, not misleading. (vii) A certificate of an authorized representative of First Union National Bank, Jacksonville. Florida (the "Bank"), as Bond Registrar and Paying Agent, to the effect that (A) the Bank is a national bank duly organized, validly existing and in good standing under the laws of the United States of America and is duly authorized to exercise trust powers in the State of Florida. (B) the Bank has all requisite authority, power, licenses, permits and franchises, and has full corporate power and legal authority to execute and perform its functions under the Resolution, (C) the performance by the Bank of its functions under Resolution will not result in any violation of the Articles of Association or Bylaws of the Bank, an)' court order to which the Bank is subject or any agreement, indenture or other obligation or instrument to which the Bank is a part~ or by ~hich the Bank s bound, and no approval or other action by any governmental authority or agency having supervisory authority over the Bank is required to be obtained by the Bank in order to perform its functions under the Resolution, (D) to the best ofsuch a~horized representative's knowledge, there is no action, suit, proceeding or investigation at law or in equity before any court, public board or body pending or, to his or her knowledge, threatened against or affecting the Bank wherein an unfavorable decision, ruling or finding on an issue raised bv any party thereto is likely to materially and adversely affect the ability of the Bank to perform'its obligations under the Resolution. and (E) the Bonds have been authenticated in accordance with the terms of the ResOlution (viii) A certificate of the Chairman or Vice Chairman of the Issuer deeming the Preliminary Official Statement "final" as of its date for purposes of the Rule, except for "permitted omissions" (the "Rule 15c2-12 Certificate") (ix) A verification report of as to the adequacy of the amounts placed in the escrow account pursuant to the Escrow Agreement to pay the redemption price of and accrued interest on the Refunded Bonds and the related yield calculations to be relied upon by Bond Counsel in delivery of its approving opinion (xi) A certificate of First Union National Bank, Jacksonville, Florida (the "Escrow Holder") dated the date of Settlement, to such effect as the Issuer and the Underwriters may reasonably request, including, without limitation, to the effect that (A) the Escrow Holder has all requisite authority, power, licenses, permits and franchises, and has full corporate power and legal authority to execute and perform its functions under the Escrow Agreement, CB) the acceptance by the Escrow Holder of the duties and obligations of the Escrow Holder under the Escrow Agreement and compliance with the provisions thereof, will not conflict with or constitute a breach of or default under any law or administrative regulation or, to the knowledge of the Escrow Holder, any consent decree or any agreement or other instrument to which the Escrow Holder is subjec~ or violate the organizational documents of the Escrow Holder. (C) all approvals, consents and orders of any governmental authority or agency having jurisdiction in the matter which would constitute a condition precedent to the performance by the Escrow Holder of its obligations under the Escrow Agreement have been obtained and are in full force and effect, (D) there is no litigation, proceeding or investigation relating to the Escrow Holder before or by any court, public board or body pending or threalened Against or affecting the Escrow Holder challenging the validity of, or in which an unfavorable decision, ruling or finding would materially adversely affect the Escrow Holder's ability to perform its duties under the Escrow Agreement or the transactions contemplated thereby, and (E) the duties and obligations of the Escrov,' Holder under the Escrow Agreement have been duly accepted by the Escrow Holder (xii) Evidence ofsatisfaction of the requirements of Section 6 02 of the Resolution for the issuance of the Bonds as Additional Bonds (xiii) The Policy issued by the Insurer (xiv) An opinion of general counsel to the Insurer and a certificate of an officer of the Insurer each dated the date of the Settlement and addressed to the Underwrilers, concerning the Insurer and the Policy and the information relating to the Insurer and the Polio5, contained in the Official Statement. and appropriate no default and tax cerlificates of the Insurer. in form and substance satisfactory to the Underwriters (xv) A letter of Standard & Poor's Ratings Service to the effect that the Bonds have been assigned a rating no less favorable than "AAA" based upon the issuance of the Policy. and a letter of Moody's Investors Service, Inc to the effect that the Bonds have been assigned a rating no less favorable than "Aaa" based upon the issuance of the Policy, each of which ratings shall be in effect as of the date of Settlement; and evidence satisfactory to the Underwriters to the effect that the Bonds have been assigned an underlying rating no less favorable than .... by assuming that no municipal bond insurance were to be procured (x-vi) Such additional legal opinions, certificates, instruments and other documents az the Undervaiters may reasonably request to evidence the truth and accuracy, as of the date hereof and as of the date of the Settlement, of the Issuer's representations and warranties contained herein and of the statements and information contained in the Official Statement and the due performance or satisfaction by the Issuer on or prior to the date of Settlement of all the agreements then to be performed and conditions then to be satisfied by it. If the Issuer shall be unable to satisfy the conditions to the obligations of the Underwriters to purchase, to accept delivery of and to pay for the Bonds contained in this Contract and the 13 Underwriters does not waive such inability in writing, or if the obligations of the Underwriters to purcha.~, to aecep! delivery of and to pay for the Bonds shall be terminated for any reason pern'fitted by this Contract, this Contract shall terminate, the good faith deposit described in Section 2 hereof shaft be returned to the Under~iters and neither the Underwriters nor the Issuer shall be under any further obligation hereunder except that the respective obligations of the Issuer and the Underwriters set forth in Section ] 1 hereof shall continue in full force and effect. 9. E~en~es. The Underwriters shall be under no obligation to pay, and the Issuer shall pay, any expense incident to the performance of the Issuer's obligations hereunder including, but not limited to: (al the cost of preparation, printing and delivery of the Resolution; (b) the cost of preparation and priming of the Bonds; (c) the fees and disbursements of Bond Counsel; (d) any fees and ~sbursen~nts of any consulting engineers; (el the fees and disbursements of William R. Hough 8,: Co., the financial advisor to the Issuer; (0 anY fees and disbursements of the Issuer's certified public accountants; (gl the fees and disbursements of any other experts, consultants or advisors retained by the Issuer; (h) fees for bond ratings; (il the fees and expenses of the Registrar, the Paying Agent and the Escrow Holder; and O) the costs of preparing, printing and delivering the Preliminary Official Statement, the Official Statement and any supplements or amendments thereto The Unde~'riters shall pay: (al the cost of preparing, printing and delivering this Purchase Contract; (b) the cost ofaJI "blue skT" and legal investment memoranda and related filing fees; (c) the fees and expenses of Counsel to the Underwriters; (d) all advertising expenses; and (el all other expenses incurred by them or any of them in connection with the public offering of the Bonds. In the event that either party shall have paid obligations ofthe other as ~ forth in this Section 9, adjustment shall be made at the time of the Settlement 10 Notices. Any notice or other communication to be given to you under this Contract may be given by mailing the same to the Collier County Water-Sewer District, 3301 East Tamiami Trail, Goverranent Complex, Naples, Florida. 33962. to the attention of the Finance Director, and any such notice or other commuNcation to be given to the Underwriters may be mailed to Raymond James & Associates, Inc., 220 Congress Park Drive, Suite 240, Delray Beach, Florida 33445, attention; Arthur H Ziev 11 Parties in Interest. This Contract is made solely for the benefit ofthe Issuer and the Underwriters and no other par~y or person shall acquire or have any right hereunder or by virtue hereof. All your representations, warranties and agreements in this Contract shall remain operative and in full force and effect and shall survive the delivery of the Bonds. 12. Waiver. Notwithstanding any provision herein to the contrary, the performance of any and all obligations of the Issuer hereunder and the performance of any and all conditions contained herein for the benefit of the Underwriters may be waived by the Underwriters, in their ~ole discretion, and the approval of the Underwriters when required hereunder or the determination of their satisfaction a~ to any document referred to herein shall be in writing, signed by an appropriate officer or officers of the Underwriters and delivered to you 13. No Liability. Neither the Issuer, nor any of the members thereof, nor any officer, agent or employee thereof, shall be charged personally by the Underwriters with any liability, or held 14 liable to the Underwriters under any term or provision o£this Contract because of its execution or attempted execution, or because o£any breach or attempted or alleged breach thereof. 14. Governing Law. This Contra~t, md the terms and conditions herein, sMll constitute the full mci complete agreement between the Isme~ and the Underwriters with respect to the purchase and sale of the Bonds. This Contract shall be governed by and construed in accordance with the laws of the Stale of Florida. Very truly yours, RAYMOND JAM~S & ASSOCIATES, INC. By: Authorized Representative ACCEPTED this day of , 1998 COLLIER COUNTY WATER-SEWER DISTRICT By: Chairman 15 ATTACHMENT I RAYMOND JAM~S & ASSOCIATES, INC. 220 Congress Pm'k, Suite 240 Delray Beach, Florida 33445 ,1998 Collier County Water-Sewer District Government Complex 3301 East Tamia. mi Trail Naples, Florida 34112 $ Collier County Water-Sewer District Water and Sewer Refunding Revenue Bonds, Series 1998 Ladies and Gentlemen; Pursuant to Section 218.385, Florida Statutes, the following information is provided in connection with the ~ale of the above-captioned obligations (the "Bonds") 1. The nature and estimated amount of expenses which the Underu,~iters expects to incur with respect to the Bonds is as follows Per $1.000 $ Amount Total 2. There are no tinders, as defined in Section 218.386, Florida Statutes, who have been retained or who will be paid by the Underwriters in connection with the issuance of the Bonds. 3. The amount of the Underwriters' discount expected to be realized with respect to the Bonds is $ per $1,000 ($ ) which includes $__ per $1,000 ($ ) for underwriting risk, $ per $1,000 ($ ) for average takedown, $ per $1,000 ($ ) for expenses and $__ per $1,000 ($ J for management fee. 4. No fee, bonus or other compert~tion is to be paid by the Underwriters in connection with the Bonds to any person not regularly employed or retained by it Attachment I o Page I 8Elm 5. The Underwriters are Raymond James & Associates, Inc., 220 Congress Park Drive, Suite 240, Delray Beach, Florida 33445, and SaJomon Smith Barney, Inc., ?77 South Flagler Drive, Suke 801, West PaJm Beach, Florida 33401. Very truly yours, RAYMOND JAMES & ASSOCIATES, INC. By:. Authorized Representative Attachment I - Page 2 ?~mount SCHEDULE I AMOUNTS, MATURITIES, INTEREST RATES AND PRICES OR YIELDS Collier County Water-Sewer District Water and Sewer Refunding Revenue Bonds, Series 1998 $ Serial Bonds Price Maturity Interest or Maturity Interest (July I ) Rate Yield Amount (July I ) Rate 8Elmq Price Yield (Accrued Interest to be Added) Schedule I -Page I EXHIBIT B FORM OF SERIES 1999 PURCHASE CONTRACT FQRWAP.]) DELIVERY BONO PURCHASE CONTRACT ,1995 Re: $ Collier County Water-Sewer District, Water and Sewer Refunding Revenue Bonds, Series 1999 Collier County Water-Sewer District Government Complex 3301 East Tamiami Trail Naples, Florida 34112 Ladies and Gentlemen: Raymond James & Associates, Inc. (the "Representative"), on its own behalf and on behalf of Salomon Smith Barney, Inc. (collectively, the 'Underwriters") offers to enter into this Forward Delivery Bond Purchase Contract (the "Contract") with you (the "Issuer"), which, upon your acceptance of this offer, will be binding upon you and upon the Underwriters. This offer is made subject to your acceptance on or before 8:00 p.m., ES.T., on the date hereof, and if not so accepted, will be subject to withdrawal by the Underwriters upon notice to the Issuer at any time prior to the acceptance hereof by you 1. Purchase and Sale. Upon the terms and conditions and upon the basis of the representations, warranties and agreements set forth herein, the Underwriters hereby agree to purchase from the Issuer on the Settlement Date (hereinafter defined) for offering to the public, and the Issuer hereby agrees to sell and deliver to the Underwriters for such purpose, all (but not less than ail) of the Issuer's $ aggregate principal amount of'Water and Sewer Refunding Revenue Bonds, Series 1999 (the "Bonds"). The Bonds shall be dated as of 1,199_, shall be issued in such principal amounts, shall bear such rates of interest, and shall be subject to redemption upon such terms as set forth in Schedule I attached hereto. Interest on the Bonds shall be payable semiaraacally on Januat)' 1 and July I of each year until maturity, commencing 1, 1999. The ~tff,~-egate purchase price of the Bonds shall be $ (which takes into account Ia net original issue discount] of $ and an Underwriters' discount of $ ), plus accrued interest on the Bonds from 1,199__ to the Settlement Date. The Bonds are bein8 issued for the purpose of refunding all ofthe Issuer's Water and Sewer Revenue Bonds, Series 1991 (the "Refunded Bonds"), and paying the costs of issuance of the Bonds, including the cost of purchasing a municipal bond insurance policy (the "Policy"). The Bonds shall initially be offered to the public at such prices or yields (including discounts and premiums) as indicated on Schedule I 8£1 atutched hereto. The Bonds shall be issued pursuant to the Constitution and Laws of the State of Florida, including particularly Chapter 78..489, Laws of Florida, as amended and supplemented, in particular by Chapter 88499, Laws of Florida, and other applicable provisions of law (collectively, the "Act"), and Resolution No. CWS-85-5 of the Issuer adopted on July 30, 1985, as restated, amended and supplemented (collectively, the "Resolution"). Any capitalized terms used but not otherwise defined herein shall have the respective meanings assigned such terms in the Resolution. The Underwriters agree to make a public offering ofthe Bonds at the initial offering prices or yields set forth in Schedule 1 attached hereto; provided, however, the Underwriters reserve the fight to make concessions to dealers and to change such initial offering prices or yields as the Underwriters shall deem necessary in connection with the marketing of the Bonds The Representative has been duly authorized to execute this Contract 2. Liquidated Damages. If the Underwriters fail (other than for a reason permitted hereunder) to accept and pay for the Bonds on the Settlement Date as provided herein, the Underwriters shall pay to the Issuer as full liquidated damages and not as a penalty, an amount equal to $ which is the estimated net present value savings resulting from the issuance of the Bonds for the purposes heretofore stated, increased by an amount, if any, determined by Bond Counsel to be necessary to prevent the Bonds or the Refunded Bonds from becoming "arbitrage bonds" under the Internal Revenue Code of 1986, as amended, as a result of the Underwriters' failure to so accept and pay for the Bonds: provided such amount shall not exceed $ (collectively, the "Liquidated Damages Payment"). Acceptance by the Issuer of the Liquidated Damages Payment from the Underwriters in case of such failure shall constitute a full release and discharge of all claims and damages for such failure and for any and all such defaults hereunder on the part of the Underwriters The Issuer and the Underwriters mutually acknowledge and confirm that i~ would be extremely difficult, if not impossible, to determine the exact amount of damages that would be suffered by the Issuer as a result of a failure of the Underwriters (other than for a reason pc, nfitted hereunder) to accept and pay for the Bonds on the Settlement Date as provided herein and that the liquidated damages provided herein are a reasonable good faith estimate of the actual damages that would be suffered and are not a penalty. 3. Offering. It shall be a condition of your obligation to sell and deliver the Bonds to the Underwriters, and the obligation of the Underwriters to purchase and accept delivery of the Bonds, that the entire initial aggregate principal amount of the Bonds shall be sold and delivered by you and accepted and paid for by the Underwriters at the Senlement. 4. Preliminary Offcial Statement, Official Statement and Settlement Offclal Statement. The Issuer hereby confirms that it has heretofore made available to the Underwriters a Preliminary Official Statement of the Issuer relating to the Bonds dated ,1998 (which, together with the cover page and appendices contained therein, is herein called the "Preliminary Official Statement'). and ratifies and approves the distribution thereof to prospective purchasers and investors. Within seven business days of the acceptance hereof by the Issuer, the Issuer shall cause to be delivered s~ch reasonable number of conformed copies as the Underwriters shall request of the Official Statement, dated the date hereof (which, together with the cover page and appendices comained therein, is herein called the "Official Statement"), executed on behalf of the Issuer by the Chairman or Vice Chairman, wNch shall be sufficient in number to comply with paragraph (bX4) of Rule 15c2- 12 of the Securities and Exchange Commission under the Securities Exchange Act o£ 1934, as amended (the "Rule") and with Rule G-32 and all other applicable rules ofthe Municipal Securities Rulemaking Board (the "MSRB"). No later than three (3) business days prior to Settlement, the Issuer shall cause to be delivered such reasonable number of conformed copies as the Underwriters shall request ofthe Settlement Oftlcial Statement (which, together with the cover page and appendices contaL-~:l therein, is herein called the "Settlement Official Statement"), executed on behalf of the Issuer by the Chairman or Vice Chairman, which shall be sufficient in number to comply with the Rule and with Rule G-32 and all other applicable rules of the MSRB. The Issuer, by its acceptance hereof ratifies and approves the Preliminary Official Statement and ratifies and approves and authorizes the Underwriters to use the Official Statement, the Settlement Official Statement and all documents described therein in connection with the public offering and the sale of the Bonds. in accordance with Section 218385, Florida Statutes, the Underwriters hereby disclose the required information as provided in Attachment I attached hereto, and the Issuer hereby discloses a truth-in-bonding statement in Section 6 hereof. 5. Use of Documents. You hereby authorize the use by the Underwriters of (a) the Resolution, Co) the Preliminary Official Statement, (c) the Official Statement (including any supplements or amendments thereto), (d) the Settlement Offficial Statement (including any supplements or amendments thereto), and (e) any other documents related to the transactions contemplated in the Official Statement and the Settlement Official Statement in connection with the public offering, sale and distribution of the Bonds 6. Representations, Warranties and Agreements The Issuer hereby represents, warrants and agrees as follows (a) As of the date of the Official Statement, the Pre-Closing Date (hereinafter defined), and the Settlement Date, the statements and information contained in the Official Statement and Settlement Official Statement, whichever is applicable, will be true, correct and complete in all material respects and the Official Statement and the Settlement Official Statement, whichever is applicable, will not omit any statement or information which should be included therein for the purposes for which the Official Statement and the Settlement Official Statement, whichever is applicable, are to be used or which is necessary to make the statements or information contained in the Official Statement and the Settlement Official Statement, whichever is applicable, in light ofthe circumstances under which they were made, not misleading (b) Between the date of this Contract and the Settlement Date, other than as disclosed in the Official Statement, the Issuer will not execute any bonds, notes or obligations for borrowed money, other than the Bonds and other than the Issuer's Water and Sewer Refunding Revenue 3 gElm Bonds, Series 1998 (or Series 1999A if such Bonds are delivered on or after January 1, 1999) (the "Series 1998 Bonds"), or obligations which pledge either the flail faith and credit ofthe Issuer or the Pledged Funds, without giving prior written notice thereof to the Underwriters. (c) The Issuer is, and will be on the Pre-Closing Date and the Settlement Date, duly organized and validly existing as a local governmental body corporate and politic of the State of Florida, with the powers and authority set forth in the Act. (d) The Issuer has full legal right, power and authority to: (i) enter into this Contract, the Continuing Disclosure Certificate to be dated such date as designated by the Issuer (the "Continuing Disclosure Certificate"), and the Escrow Deposit Agreement to be dated such date as agreed upon by the parties thereto (the "Escrow Agreement"), (ii) adopt the Resolution, (iii) sell, issue and deliver the Bonds to the Underwriters as provided herein, and (iv) carry out and consummate the transactions contemplated by this Contract, the Continuing Disclosure Certificate, the Escrow Agreement, the Resolution, the Official Statement and the Settlement Official Statement, and the Issuer has complied, and on the Pre.Closing Date and the Settlement Date, wilt be in compliance, in all respects, with the terms of the Act and with the obligations on its part in connection with the issuance of the Bonds contained in the Resolution, the Bonds, this Contract, the Continuing Disclosure Certificate and the Escrow Agreement (e) By all necessary official action, the Issuer has duly adopted the Resolution, has duly authorized and approved the Official Statement and the Settlement Official Statement, each subs~r~ly in the form of the Preliminary Official Statement. has duly authorized and approved the execution and delivery of, and the performance by the Issuer, of this Contract, the Continuing Disclosure Certificate, and the Escrow Agreement, and all other obligations on its part in connection with the issuance of the Bonds and the consummation by it of all other transactions contemplated by this Contract in connection with the issuance of the Bonds (f) When delivered to and paid for by the Underwriters on the Settlement Date in accordance with the provisions of this Contract. the Bonds will have been dui',' authorized, executed, issued and delivered and will constitute valid and binding obligations of the Issuer in conformity with the Act and the Resolution, and shall be entitled to the benefits of the Resolution. (g) The adoption of the Resolution and the authorization, execution and delivery of this Contract, the Continuing Disclosure Certificate, the Escrow Agreement and the Bonds, and compliance with the provisions hereof and thereof will not conflict with, or constitute a breach of or default under any law, administrative regulation, consent decree, ordinance, resolution or any agreement or other instrument to which the Issuer was or is subject, as the case may be, nor will such adoption, execution, delivery, authorization or compliance result in the creation or imposition of any lien, charge or other security interest or encumbrance of any nature whatsoever upon any of the property or assets of the Issuer, or under the terms of any law, administrative regulation, ordinance, resolution or instrument, except as expressly provided by the Resolution. 8£1 (h) As of the date hereof and on the Pre-Closing Date and the Settlement Date, the Issuer will be in compliance in all material respects with the covenants and agreements contained in the Resolution and no event of default and no event which, with the lapse of time or giving of notice, or both, wou~d constitute an event of&fault under the Resolution will have occurred or be continuing. (i) Except as provided in the Official Statement and the Settlement Official Statement, all ~pprovals, consents, authorizations and orders of any governmental authority or agency having jurisdiction in any matter which would constitute a condition precedent to the performance by the Issuer of its obligations hereunder and its obligations under the Resolution have been obtained and are in full force and effect 0) The Issuer is lawfully empowered to pledge and grant a lien upon the Pledged Funds for payment of the principal of and interest on the Bonds on a parity with the lien of the Issuer's Outstanding Parity Bonds and Series 1998 Bonds (k) Except as disclosed in the Official Statement and the Settlement Official Statement, to the best knowledge of the Issuer. as of the date hereof, the Pre-Closing Date and the Settlement Date, respectively, there is no action, suit. proceeding, inquiry or investigation, at law or in equity, before or by any court, government agency, public board or body. pending or threatened against the Issuer, affecting or seeking to prohibit, restrain or enjoin the sale. issuance or delivery of the Bonds or the collection of the Pledged Funds or the pledge of and lien on the Pledged Funds created by the Resolution or contesting or affecting, as to the Issuer. the validity or enforceability in any respect relating to the Bonds. the Resolution. this Contract. the Continuing Disclosure Certificate. or the Escrow Agreement. or contesting the tax-exempt status of interest on the Bonds, the Outstanding Parity Bonds. or the Series 1998 Bonds. or contesting the completeness or accuracy ofthe Official Statement or the Settlement Official Statement or any supplement or amendment to either, or contesting the powers of the Issuer or any authority for the issuance of the Bonds, the adoption of the Resolution or the execution and delivery by the lssuer of this Contract. the Continuing Disclosure Certificate or the Escrow Agreement. (1) The Issuer will furnish such information., execute such instruments and take such other action in cooperation with the Underwriters as the Underwriters may reasonably request in order to (i) qualify the Bonds for offer and sale under the 'blue sky" or other securities laws and regulations of such s~e~ and other jurisdictions of the United States as the Underwriters may designate, and (ii) detg,xfine the eligibility of the Bonds for investment under the laws of such states and other jurisdictions, ~ will use its best efforts to continue such qualifications in effect so long as required for the dis~ibufion of the Bonds; provided, however, that the Issuer shall not be required to execute a general or special consent to service of process or qualify to do business in connection with any such qualification or determination in any jurisdiction . . (m) The Issuer will not take or omit to take any action, which action or omission will in any way cause the proceeds from the sale of the Bonds to be applied in a manner contrary to that provided for in the Resolution and as described in the Official Statement and the Settlement Official Statement. (n) Except as disclosed in the Official Statement and the Settlement Official Statement, the Issuer and Collier County, Florida (the "County") are not, and have never been, in default any time after December 31, 1975, as to principal or interest with respect to an obligation issued or guaranteed by either. (o) Neither the Issuer nor the County have been notified of any listing or proposed listing by the Internal Revenue Service to the effeun that either is a bond issuer whose arbitrage certifications may not be relied upon. (p) By certificate, as of its date, the Prelimina~ Official Statement was deemed "final" for purposes of the Rule, except for "permitted omissions" as therein defined by an official of the Issuer who was heretofore authorized to make such certification (q) An3' certificate signed by any official of the Issuer and delivered to the Underwriters shall be deemed to be a representation by the Issuer to the Underwriters as to the statements made therein (r) If. after the date of this Contract and until the earlier of (i) 90 days from the end of the Xunderwriting period" (as defined in the Rule) or (ii) the time when the Settlement Official Statement is available to any person from a nationally recognized repository, but in no case less than 25 days following the end of the underwriting period, any event shall occur which might or would cause the Official Statement or the Settlement Official Statement, as then supplemented or amended, to contain any untrue statement ora material fact or to omit to state a material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading, the Issuer shall notify the Underwriters thereof, and, ifin the opinion of the Underwriters, such event requires the preparation and publication ora supplement or amendment to the Official Statement or the Settlement Official Statement, as the case may be, the Issuer will at its own expense forthwith prepare and f~rnish to the Underwriters a sufficient number of copies of such amendment or supplement (in form and substance satisfactory to Issuer and the Underwriters) which will supplement or amend the Official Statement or the Settlement Official Statement, as the case may be, so that the Official Statement or the Settlement Official Statement, whichever is applicable, will not contain an untrue statement of a material fact or omit to state a material fact necessary in order to make the statements therein, in light oftbe circumstances existing at such time, not misleading. (s) If the Official Statement or the Settlement Official Statement is supplemented or amended as provided herein, at the time of such supplement or amendment thereto, the Official Statement or the Senlement Official Statement, as the case may be, as so supplemented or amended, will not contain any untrue statement ora material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading. Between the date hereof and the Settlement Date, the Issuer will not supplement or 6 anm'~ the Resolution, this Contract, the Escrow Agreement, the Continuing Disclosure Certificate, the Official Statement or the Settlement Official Statement without the prior consent of the Underwriters. (t) The representations, warranties and agreements ofthe Issuer contained herein shall be true and correct and complied with as of the date hereof, as oftbe Pre-Closing Date, as if made on the Pre-Closing Date, and as of the Settlement Date, as if made on the Settlement Date. (u) Subsequent to the respective dates as of which information is given in the Official Statement and the Settlement Official Statement, and prior to the Pre-Closing Date and the Settlement Date, except as set forth in or contemplated by the Official Statement or the Settlement Official Statement, and except for the issuance of the Series 1998 Bonds, unless consented to by the Underwriters, (1)the Issuer has not incurred and shall not have incurred any material liabilities or obligations relating to the System, direct or contingent, except in the ordinary course of business, and has not entered and will not have entered into any material transaction relating to its System not in the ordinary course of business, (2) there has not been and will not have been any material increase in the long-term debt payable from Pledged Funds or decrease in the fund equity of the fund of the Issuer relating to the System, (3) there has not been and will not have been any material adverse change in the business or financial position or results of operations of the System, (4) no loss or damage (whether or not insured) to the property of the System has been or will have been sustained which materially and adversely affems the operations of the System, and (5) no legal or governmental proceeding affecting the System or the transactions contemplated by this Contract has been or ',,,'ill have been instituted or threatened which is material (v) Other than as disclosed in the Preliminary Official Statement, Official Statement and the Settlement Official Statement, the Issuer has never failed to compIy with any agreement to provide continuing disclosure information pursuant to the Rule (w) The Issuer makes the following representations and statements to comply with Section 218.385(2) and (3), Florida Statutes, by making the following truth-in-bonding statement. The Issuer is proposing to issue S of its Bonds for the purposes of refunding the Issuer's Refunded Bonds, and paying the costs of issuance of the Bonds, including the cost of the Policy. The Bonds are expected to be repaid over a period of approximately years. At a true interest cost rate of __.%, total interest paid over the life of the Bonds will be $ (exclusive of accrued interest). The source of repayment for the Bonds, on parity and equal status with the Outstanding Parity Bonds and the Series 1998 Bonds, is the pledge of the Pledged Funds. Authorizing this obligation will result in approximately $ annually of the Pledged Funds not being available to finance other services of the Issuer each year for approximately years; provided, however, that the amount of Pledged Funds which will be used to pay the debt service on the Bonds as a result of the refunding will be less on an annual basis as compared to the amount of Pledged Funds which would have been used to pay the debt service on the Refunded Bonds had the refunding not oea:urred. (x) Relating to the Refunded Bonds, the Outstanding Parity Bonds, and the Series 1998 Bonds, to the best knowledge of the Issuer, there is not an unfunded materially significant rebate liability of the Issuer owing the Internal Revenue Service. 7 (y) Since September 30, 1997 (the date of the Issuer's most recent audited financial statements), since September 30, 1998 (the date of the Issuer's most recent unaudited financial statements), and as of the Settlement Date no material adverse change has occurred in the financial position and results of operations of the Issuer and the Issuer has not incurred any material liabilities · other than in the ordinary course of business, except as set forth in the Official Statement 7. Pre-Closing and Settlement. At 9:00 a.m., prevailing local time, on 1998, or a~ such time on such earlier or later date as sha/l be mutually agreed upon, at the offices of Nabors, Giblin & Nickerson, P.A., in Tampa, Florida, or at such other place mutually agreed upon, you will deliver to the Underwriters the documents, certificates and opinions herein mentioned in Section 8 and the Underwriters will accept such delivery. This date is herein called the "Pre-Closing Date," and such delivery is herein called "Pre-Closing," At 9:00 a.m., prevailing time, on · 1999, or at such time on such earlier or later date as shall be mutually agreed upon, at the offices ofNabors, Giblin & Nickerson, P.A, in Tampa, Florida, or at such other place mutually agreed upon, you will deliver to the Undemaiters, at the location and place to be agreed upon by you and the Underwriters, the Bonds, duly executed, together with the other documents, certificates and opinions herein mentioned in Section 9, and the Underwriters will accept such delivery and pay at such location as may be agreed upon by you and the Underwriters the purchase price of the Bonds as set forth in Section 1 hereof, plus accrued interest on the Bonds from 1,199 to the date of Settlement. by immediately available funds, payable to the order of the Issuer. This-date is herein called the "Settlement Date," and such delivery and payment is herein called the "Settlement." The Bonds shall be made available to the Under~ters at least two business days before the Settlement for purposes of inspection at the offices of The Deposito%' Trust Company CDTC"), New York, New York, or at such other place mutually agreed upon The Bonds shall be prepared and delivered as fully registered Bond5 in the name of Cede & Co 8 Pre-Closing Conditions. The Underwriters have entered into this Contract in reliance upon the representations and warranties of the Issuer herein contained and the performance by the Issuer ofits obligations hereunder, both as of the date hereof and as of the time of Pre-Closing, Any obligations of the Underwriters under this Contract are and shall be subject to the following conditions' (a) The representations, warranties and agreements ofthe Issuer contained herein shall be true and correct and complied with as of the date hereof and as ofthe date of the Pre-Closing, as if made on the date of the Pre-Closing (b) At the time of the Pre-Closing, the Resolution shall be in full force and effect in accordance with its terms and shall not have been amended, modified or supplemented, and the Official Statement shall not have been mpplemented or amended, except in any such case as may have been agreed to by the Underwriters (c) At the time of the Pre-Closing, all offi~al action of the Issuer relating to this Contract shall be in full force and effect in accordance with their respective terms and shall not have been amended, modified or supplemented in any material respect, except in each case as may have been agreed to by the Underwriters 8 (d) documents: At or prior to the date of the Pre-Closing, the Underwriters shall receive the following (i) The Resolution certified by the Clerk of the Issuer under seal as having been duly adopted by the Issuer and as being in effect, with such supplements, modifications or amendments as may have been agreed to by the Underwriters. (ii) The Official Statement of the Issuer executed on behalf of the Issuer by its Chairman and Clerk; (iii) An unqualified opinion ofNabors, Giblin & Nickerson, P.A., addressed to the Underwriters, and dated the date of Pre-Closing, to the effect that, (i) the statements contained in the Official Statement under the captions "INTRODUCTION"' (other than the information set forth under the subheadings "The County and the District," "Purpose of the Refunding Bonds," "Municipal Bond Insurance." and "Additional Information"), "DESCRIPTION OF THE REFLrNDING BONDS". REDEIvfPTION PROVISIONS," "PLAN OF FINANCING," "SECURITY FOR THE REFUNDING BONDS" "ADDITIONAL BONDS," "TAX EXEMPTION." and "APPENDIX A - SUMMARY OF CERTAIN PRO~,rlSIONS OF THE RESOLUTION," insofar as such information purports to summarize portions of the Resolution, the Bonds, the Act and the Constitution and laws of the State of Florida and Federal tax law, constitutes a fair summary of the information purported to be summarized therein: and (ii) the Official Statement has been duly authorized. executed and delivered by the Issuer, and the Issuer has consented to the use thereof by the Underg, q-iters (iv) An unqualified opinion of David Weigel, Esq, Attorney to the Issuer, addressed to the Underwriters, and dated the date of the Pre-Closing, to the effect that (A) the Issuer is a body corporate and politic in the State of Florida, duly organized and validly existing and has full legal right, power and authority to adopt and perform its obligations under the Resolution, and to authorize, execute and deliver and to perform its obligations under the Continuing Disclosure Certificate and this Contract, (B) the Issuer has duly adopted the Resolution, and has duly authorized, executed and delivered this Contract, and assuming the due authorization, execution and delivery, of this Contract by the other parties thereto, such instrument constitutes a legal, binding and valid obligation of the Issuer, enforceable in accordance with its terms: provided, however, the enforceability thereof may be subject to bankruptcy, insolvency, reorganization, moratorium and other similar laws affecting creditors' rights generally and subject, as to enforceability, to general principles of equity and the exercise of judicial discretion, (C) with respect to the information in the Official Statement and based upon his participation in the preparation of the Official Statement as Counsel to the Issuer, he has no reason to believe that the Official Statement (except for the financial and statistical data contained therein and except for information provided by the Insurer or DTC, as to which no view need be expressed) contains any untrue statement cfa material fact or omits to state a material fact required to be stated therein or necessary to make the statements made therein, in light of the circumstances under which they were made, not misleading, (D) the use of the Preliminary Official Statement by the Underwriters for the purpose of offering the Bonds has been duly authorized and ratified by the Issuer, (E) the Official Statement has been duly authorized, executed and delivered by the Issuer, and the Issuer has consented to the use and distribution thereof by the Underwriters, CF) the adoption ofthe Resolution and the authoF, zation, execution and delivery of this Contract and compliance with the provisions hereof, will not conflict with, or constitute a breach of or default under, any law, administrative regulation, consent decree, ordinance, resolution or any agreement or other instrument to which the Issuer is subje~ nor will such enactment, adoption, execution, delivery, authorization or compliance result in the creation or imposition of any lien, charge or other seo. u-ity int~est or encumbrance of any nature whatsoever upon any of the property or assets of the Issuer, or under the terms of any law, administrative regulation, ordinance, resolution or instrument, except as expressly provided by the Resolution, (G) all approvals, consents, authorizations and orders of any governmental authority or agency having jurisdiction in any matter which would constitute a condition precedent to the performance by the Issuer of its obligations hereunder and the Resolution have been obtained and are in full force and effect, (FI) the Issuer is lawfully empowered to pledge the Pledged Funds to the extent provided in the Resolution, (I) the water and sewer rates, the System Development Fees, and any Special Assessments were established in compliance with the Act and other applicable law. and the resolutions or ordinances establishing such rates, fees and/or assessments were duly adopted and/or enacted, as the case may be, and (J) except as disclosed in the Official Statement, to his knowledge after due inquiry, as of the date of his opinion, there is no action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court, government agency, public board or body, pending or, to the best of his knowledge, threatened against the Issuer, affecting or seeking to prohibit, restrain or enjoin the sale, issuance or delivery of the Bonds or the collection of the Pledged Funds to pay the principal of, premium, if any, and interest on the Bonds, or contesting or affecting as to the Issuer the validity or enforceability ofthe Act in any respect relating to authorization for the issuance of the Bonds, the Resolution, or this Contract, or contesting the tax-exempt status of interest on the Bonds, or contesting the completeness or accuracy of the Official Statement or any supplements or amendments thereto, or contesting the powers ofthe Issuer or any authority for the issuance of the Bonds, the adoption of the Resolution, or the execution and delivery by the Issuer of this Contract; notwithstanding the foregoing, Counsel to the Issuer shall not be required to pass upon the applicability of any approvals, consents and orders as may be required under the Blue Sky or securities laws or legal investment laws of any state in connection with the offering and sale of the Bonds or in connection with the registration of the Bonds under the Federal securities laws (v) A certificate dated the date of the Pre-Closing and signed by the Chairman or Vice Chairman of the Issuer, or such other official satisfactory to the Underwriters, and in form and s~bstance satisfactory to the Underwriters, to the effect that (A) the representations, warranties and covenants of the Issuer contained herein are true and correct to the best of his knowledge and belief in all material respects and are complied with as of the time of Pre- Closing, and CB) the Chairman or Vice Chairman has no knowledge or reason to believe that the Official Statement as of its date, and as of the date of Pre-Closing, other than the information provided by the Insurer and DTC, contains any untrue statement ora material fact or omits to state a material fact which should be included therein for the purposes for which the Official Statement is to be used, or which is necessary in order to make the statements contained therein, in light of the circumstances in which they were made, not misleading. 10 (vi) A certificate of the Chairman or Vice Chairman ofthe Issuer deeming the Preliminary Official Statement "final" as of its date for purposes of the Rule, except for "permitted omissions" (the "Rule 15c2-12 Certificate") (vii) A verification report dated the dale of Pre-Closing of as to the adequacy of the amounts placed in the escrow account pursuant to the Escrow Agreement to pay the redemption price of and accrued interest on the Refunded Bonds to be relied upon by Bond Counsel in delivery of its approving opinion. (viii) An opinion of general counsel to the Insurer and a certificate of an officer of the Immrer dated the date of the Pre-Closing and addressed to the Underwriters. concerning the information relating to the Insurer and the Policy contained in the Official Statement, in form and substance satisfactory to the Underwriters (ix) Evidence of satisfaction ofthe requirements of Section 602 ofthe Resolution for the issuance ofthe Bonds as Additional Bonds assuming that Bonds were issued on the date of the Pre-Closing (x) Such additional legal opinions, certificates, instruments and other documents as the Underurriters may reasonably request to evidence the truth and accuracy, as of the date hereof and as of the date of the Pre-Closing, of the Issuer's representations and warranties contained herein and of the statements and information contained in the Official Statement and the due performance or satisfaction by the Issuer on or prior to the date of Pre-Closing of all the agreements then to be performed and conditions then to be satisfied by it 9. Settlement. The Underwriters have entered into this Contract in reliance upon the representations and warranties of the Issuer herein contained and the performance by the Issuer of its obligations her~nder, both as of the date hereof` and as of`the time of' Settlement. The obligations of'the Underwriters under this Contract are and shall be subject to the following conditions: (a) The representations, warranties and agreements of the Issuer contained herein shall be true and correct and complied with as of the date hereof and as of the date of the Settlement, as if made on the date of the Settlement (b) At the time of the Settlement, the Resolution shall be in full force and effect in accordance with its terms and shall not have been amended, modified or supplemented, and the Settlement Official Statement shall not have been supplemented or amended, except in any such case as may have been agreed to by the Underwriters (c) At the time of the Settlement, all official action of the Issuer relating to this Contract and the Bonds shall he in full force and effect in accordance with their respective terms and shall not have been mended, modified or supplemented in any material respect, except in each case as may have been agreed to by the Underwriters ll 8£1 (d) The Underwriters shall have the right to cancel the Contract contained herein to purchase, to accept delivery, of and to pay for the Bonds by notifying you in writing of their intention to do so if: (i) between the date hereof and the Settlement Date, legislation shall have been enacted by the Congress of the United States. or recommended to the Congress for passage by the President of the United States, or favorably reported for passage to either House of Congress by any Committee of such House, or passed by either House of Congress. or a decision shall have been rendered by a court of the United States or the United States Tax Court, or a rung shall have been made or a regulation shall have been proposed or made by the Treasury Department of the United States or the Internal Revenue Service, with respect to the federal taxation of interest received on obligations of the general character of the Bonds, which, in the opinion of Counsel for the Underwriters has, or will have, the effect of making such interest subject to inclusion in gross income for purposes of federal income taxation, except to the extent such interest shall be includable in gross income on the date hereof, or (ii) between the date hereof~d the Settlement, legislation shall be enacted or any action shall be taken by the Securities and Exchange Commission which, in the opinion of Counsel for the Underwriters, has the effect of requiring the contemplated issuance or distribution of the Bonds to be registered under the Securities Act of 1933, as amended, or of requiring the Resolution to be qualified under the Trust Indenture Act of 1939, as amended, or (iii) an event described in paragraph (r) of Section 6 hereof shall have occurred which requires an amendment or supplement to the Settlement Official Statement and which, in the reasonable opinion of the Underwriters. materially adversely affects the marketability of the Bonds or the market price thereof, or (ix') in the opinion of the Underwriters, payment for and delivery of the Bonds is rendered impracticable or inadvisable because (A) trading in securities generally shall have been suspended on the New York Stock Exchange, Inc, or (B) a general banking moratorium shall have been established by Federal, New York or Florida authorities, or (c) a war or escalation of war involving the United States or other national calamity shall have occurred or been declared, or (v) an order, decree or injunction of any court of competent jurisdiction, or any order, ruling, regulation or administrative proceeding by any governmental body or board, shall have been issued or commenced, or any legislation enacted, with the purpose or effect of prohibiting the issuance, offering or sale of the Bonds as contemplated hereby or by the Official Statement or the Settlement Official Statement or prohibiting the adoption, enactment or performance of the Resolution, or (vi) except for the Series 1998 Bonds, the Issuer has, without the prior written consent of the Underwriters, offered or issued any bonds, notes or other obligations for borrowed money, or incurred any material liabilities, direct or contingent, other than as 12 described in the Settlement Official Statement in either case payable from the full faith and credit ofthe Issuer or the Pledged Funds. or (vii) the President of the United States. the Office of Management and Budget. the Department of Treasury. the Internal Revenue Service or any other governmental body. department, agency or commission ofthe United States or the State of Florida shall take or propose to take any action or implement or propose regulations, rules or legislation which. in ',he reasonable judgment of the Underwriters. materially adversely affects the market price of the Bonds or causes any material information in the Official Statement or the Settlement Official Statement, in light of the circumstances under which it appears, to be misleading in any material respect, or (viii) any executive order shall be announced, or any legislation, ordinance, rule or regulation shall be proposed by or introduced in. or be enacted by any governmental body. department, agency or commission of the United States or the State of Florida or the State of New York. having jurisdiction over the subject matter, or a decision by an..., court of competent jurisdiction within the United States or within the State of Florida or the State of New York shall be rendered which, in the reasonable judgment of the Underwriters, materially adversely affects the market price of the Bonds or causes any information in the Settlement Official Statement to be misleading in any material respect, or (ix) prior to Settlement. either (A) Standard & Poor's Ratings Service or Moody's Investors Service. lnc. shall inform the Issuer or the Underwriters that the Bonds will not be rated at least "AAA" and "Aaa," respectively, based on the issuance of the Policy, or (B) shall inform the Issuer or the Underwriters that the Bonds will not have an underlying rating of .... assuming that municipal bond insurance were not to be procured, or (C) the Insurer shall fail to deliver the Policy (e) At or prior to the date ofthe Settlement, the Underwriters shall receive the following documents (including but not limited to a re&livery of all documents, certificates and opinions referred to in Section 8(d) hereof broughi down to the Settlement Date): (i) The Resolution certified by the Clerk ofthe Issuer under seal as having been duly adopted by the Issuer and as being in effect, and fully executed counterparts of this Contract, the Continuing Disclosure Certificate and the Escrow Agreement, with such supplements, modifications or amendments as may have been agreed to by the Underwriters. (ii) A final approving opinion of Nabors. Criblin & Nickerson, P.A., Bond Counsel to the Issuer, addressed to you, dated the date of the Settlement, in substantially the form attached to the Settlement Official Statement as Appendix E-2 (iii) A letter ofNabors, Giblin & Nickerson, P.A. addressed to the Underwriters and the Insurer, and dated the date of Settlement, to the effect that their final approving opinion referred to in Section 9(e)(ii) hereof may be relied upon by the Underwriters and the Insurer to the same extent as if such opinion were addressed to the Underwriters and the Insurer. 13 (iv) An unqualified supplemental opinion ofNabors, Giblin & Nickerson, P.A. addressed to the Underwriters. and dated the date of Settlement, to the effect teat, (i) the statements contained in the Official Statement under the captions "INTRODUCTION" (other than the information se~ forth under the subb,-~_di~ngs "The County and the Distri~," "Purpose of the Refunding Bonds," "Municipal Bond Insurance," and "Additional Information"), "DESCRIPTION OF THE REFUNDING 1998 BONDS", "ILEDEMPTION PROVISIONS." "PLAN OF FINANCING," "SECURITY FOR THE REFUNDING BONDS." "ADDITIONAL BONDS." "TAX EXEMPTION," and "APPENDIX A - SUMMARY OF CERTAIN PROVISIONS OF THE RESOLUTION," insofar as such information purports to summarize portions ofthe Resolution, the Bonds, the Act and the Constitution and laws of the State of Florida and Federal tax law, constitutes a fair summa~ o£the information purported to be summarized therein, (ii) the Settlement Official Statement has been duly authorized, executed and delivered by the Issuer, and the Issuer has consented to the use thereof by the Underwriters, (iii) the Bonds are exempt fi.om registration under the Securities Act of ] 933, as amended, and it is not necessary in connection with the sale of'the Bonds to the public to register the Bonds under the Securities Act of 1933, as amended, and (iv) the Resolution is exempt from qualification under the Trust Indenture Acl of' 1939, as amended; (v) An unqualified opinion of David Weigel, Esq, Attorney to the Issuer, addressed to the UnderWriters, and dated the date of the Settlement, to the e~ect that (A) the issuer is a body corporate and politic in the State of Florida. duly organized and validly existing and has full legal right, power and authority to adopt and perform its obligations under the Resolution. and to authorize, execute and deliver and to perform its obligations under the Continuing Disclosure Certificate, the Escrow Agreement and this Contract, (B) the Ismer has duly adopted the Resolution. and has duly authorized, executed and delivered this Contract. the Escrow Agreement and the Continuing Disclosure Certificate. and assuming the due authorization, execution and deliver'), of this Contract and the Escrow Agreement by the other parties thereto, such instruments constitute legal, binding and valid obligations of the Issuer, enforceable in accordance with their terms; provided, however, the enforceability thereof may be subject to bankruptcy, insolvency, reorganization, moratorium and other similar laws affecting creditors' rights generally and subject, as to enforceability, to general principles of equit3' and the exercise of judicial discretion, (C) with respect to the information in the Settlement Offficial Statement and based upon his participation in the preparation of the Settlement Official Statement as Attorney to the Issuer, he has no reason to believe that the Settlement Official Statement (except for the financial and statistical data contained therein and except for information provided by the Insurer or DTC, as to which no view need be expressed) contains any untrue statement of a material fact or omits to state a material fact required to be stated therein or necessary, to make the statements made therein, in light of the circumstances under which they were made, not misleading, CD) the use of the Preliminary Official Statement by the Underwriters for the purpose ofoffering the Bonds has been duly authorized and ratified by the Issuer, (E) the Settlement Official Statement has been duly authorized, executed and delivered by the Issuer, and the Issuer has consented to the use and distribution thereof by the Underwriters, (F) the adoption of the Resolution and the authorization, execution and delivery of the Continuing Disclosure Certificate, this Contract, the Escrow Agreement and the Bonds. and compliance with the provisions hereof and thereof, will not conflict with, or constitute a breach of or default under, any la,.,.', administrative 14 regulation, consent decree, ordinance, resolution or any agreement or other instrument to which the Issuer is subject nor will such enactment, adoption, execution, delivery, authorization or compliance result in the creation or imposition of any lien, charge or other security interest or encumbrance of any nature whatsoever upon any of the property or assets of the Issuer, or under the terms of any law, administrative regulation, ordinance, resolution or instrument, except as expressly provided by the Resolution, (G) all approvals, consents, authorizations and orders of any governmental authority or agency having jurisdiction in any matter which would constitute a condition precedent to the performance by the Issuer of its obligations hereunder and the Resolution have been obtained and are in full force and effecL (10 the Issuer is lawfully empowered to pledge the Pledged Funds to the extent provided in the Resolution, (I) the water and sewer rates, the System Development Charges, and any Special Assessments were established in compliance with the Act and other applicable law, and the resolutions or ordinances establishing such rates, fees and/or assessments were duly adopted and/or enacted, as the case may be. and (J) except as disclosed in the Settlement Official Statement, to his knowledge after due inquiry, as of the date of his opinion, there is no action, suit. proceeding, inquiry or investigation, at law or in equity, before or by any court, government agency, public board or body, pending or. to the best of his knowledge, threatened against the Issuer, affecting or seeking to prohibit, restrain or enjoin the sale, issuance or &liveD' of the Bonds or the collection of the Pledged Funds to pay the principal of, premium, if any. and interest on the Bonds, or contesting or affecting as to the Issuer the validity or enforceability of the Act in any respect relating to authorization for the issuance of the Bonds. the Resolution, the Continuing Disclosure Certificate. the Escrow Agreement or this Contract, or contesting the tax-exempt status of interest on the Bonds. or contesting the completeness or accuracy of the Settlement Official Statement or any supplements or amendments thereto, or contesting the powers of the Issuer or any authority for the issuance of the Bonds, the adoption of the Resolution, or the execution and delivery by the Issuer of this Contract. the Escrow Agreement or the Continuing Disclosure Certificate; notwithstanding the foregoing. Counsel to Issuer shall not be required to pass upon the applicability, of any approvals, consents and orders as may be required under the Blue Sky or securities laws or legal investment laws of any state in connection with the offering m~d sale of the Bonds or in connection with the registration of the Bonds under the Federal securities laws (vi) A certificate dated the date of the Settlement and signed by the Chairman or Vice Chairman of the Issuer, or such other official satisfactory to the Underwriters, and in form and substance satisfactory to the Underwriters, to the effect that (A) the representations, warranties and covenants of the Issuer contained herein are true and correct to the best of his knowledge and belief in all material respects and are complied with as of the time of Settlement, and (B) the Chairman or Vice Chairman has no knowledge or reason to believe that the Settlement Official Statement as of its date, and as ofthe date of Settlement, other than the information provided by the Insurer and DTC, contains any untrue statement ora material fact or omits to state a material fact which should be included therein for the purposes for which the Settlement Official Statement is to be used, or which is necessary in order to make the statements contained therein, in light of the circumstances in which they were made, not misleading 15 (vii) A certificate of an authorized representative of First Union National Bank, Ja:'ksonville, Florida (the 'Bank"), as Bond Registrar and Paying Agent, to the effect that (A) the Bank is a national bank duly organized, validly existing and in good standing under the laws of the United States of America and is duly authorized to exercise trust powers in the State of Florida, (B) the Bank has all requisite authority, power, licenses, permits and franchises, and has full corporate power and legal authority to execute and perform its functions under the Resolution, (C) the performance by the Bank of its functions under the Resolution will not result in any violation of the Articles of Association or Bylaws of the Bank, any court order to which the Bank is subject or any agreement, indenture or other obligation or instrument to which the Bank is a party or by which the Bank is bound, and no approval or other action by any governmental authority or agency having supervisory authority over the Bank is required to be obtained by the Bank in order to perform its functions under the Resolution, ('D) to the best &such authorized representative's knowledge, there is no action, suit, proceeding or investigation at law or in equity before any court, public board or body pending or, to his or her knowledge, threatened against or affecting the Bank wherein an unfavorable decision, ruling or finding on an issue raised by any party thereto is likely to materially and adversely affect the ability of the Bank to perform its obligations under the Resolution. and rE) the Bonds have been authenticated in accordance with the terms of the Resolution (viii) A certificate ofthe Chairman or Vice Chairman of the Issuer deeming the PreliminaD' Official Statement "final" as of its date for purposes of the Rule, except for "permitted omissions" (the "Rule 15c2-12 Certificate") (ix) A verification report of as to the adequacy of the amounts placed in the escrow account pursuant to the Escrow Agreement to pay the redemption price of and accrued interest on the Refunded Bonds to be relied upon by Bond Counsel in delivery ofiits approving opinion (xi) A certificate of First Union National Bank Jacksonville, Florida (the "Escrow Holder") dated the date of Settlement, to such effect as the Issuer and the Underwriters may reasonably request, including, vdthout limitation, to the effect that (A) the Escrow Holder has all requisite authority, power, licenses, permits and franchises, and has full corporate power and legal authority, to execute and perform its functions under the Escrow Agreement, (13) the acceptance by the Escrow Holder of the duties and obligations of the Escrow Holder under the Escrow Agreement, and compliance with the provisions thereof, will not conflict with or constitute a breach of or default under any law or administrative regulation or, to the knowledge of the Escrow Holder, any consent decree or any agreemenl or other instrument to which the Escrow Holder is subject or violate the organizational documents of the Escrow Holder, (C) all approvals, consents and orders of any governmental authority or agency having jurisdiction in the matter which would constitute a condition prece, xlent to the performance by the Escrow Holder of its obligations under the Escrow Agreement have been obtained and are in full force and effect. (D) there is no litigation, proceeding or investigation relating to the Escrow Holder before or by any court, public board or body pending or threatened against or affecting the Escrow Holder challenging the validity of, or in which an unfavorable decision, ruling or finding would materially adversely affect the Escrow Holder's 16 · bility to perform its duties under the E~crow Agreement or the transactions contemplated thereby, and (El the duties and obligations of the Escrow Holder under the Escrow Agreement have been duly accepted by the Escrow Holder. (xii) Evidence of satisfaction of the requirements of Section 6 02 of the Resolution for the issuance of the Bonds as Additional Bonds. (xiii) The Policy issued by the Insurer. (xiv) An opinion of general counsel to the Insurer and a certificate oran officer of the Insurer each dated the date of the Settlement and addressed to the Underwriters, concerning the Insurer and the Policy and the information relating to the Insurer and the Policy contained in the Settlement Official Statement, and appropriate no default and tax certificates of the Insurer, in form and substance satisfactory to the Underwriters. (xv) A letter of Standard & Poor's Ratings Service to the effect that the Bonds have been assigned a rating no less favorable than "AAA" based upon the issuance of the Policy, and a lener of Moody's Investors Service, thc to the effect that the Bonds have been assigned a rating no less favorable than "Aaa" based upon the issuance of the Policy, each of which ratings shall be in effect as of the date of Settlement: and evidence satisfactory to the Underwriters to the effect that the Bonds have been assigned an underlying rating no less favorable than .... by assuming that no municipal bond insurance were to be procured (xvi) Such additional legal opinions, certificates, instruments and other documents as the Under~xiters may reasonably request to evidence the truth and accuracy, as ofthe date hereof and as of the date of the Settlement, of the Issuer's representations and warranties contained herein and of the statements and information contained in the Settlement Official Statement and the due performance or satisfaction by the Issuer on or prior to the date of Settlement of all the agreements then to be performed and conditions then to be satisfied by it If the Issuer shall be unable to satis~, the conditions to the obligations ofthe Underwriters to purchase, to accept delivery of and to pay for the Bonds contained in this Contract and the Underwriters does not waive such inability in writing, or if the obligations of the Underwriters to purchase, to accept delivery ofand to pay for the Bonds shall be terminated for any reason permitted by this Contract, this Contract shall terminate, and neither the Underwriters nor the Issuer shall be under any further obligation hereunder except that the respective obligations of the Issuer and the Underwriters set forth in Section 12 hereof shall continue in full force and effect. 10. Expenses. The Underwriters shall be under no obligation to pay, and the Issuer shall pay, any expense incident to the performance of the Issuer's obligations hereunder including, but not limited to: (a) the cost of preparation, printing and delivery of the Resolution; (b) the cost of preparation and printing of the Bonds; (c) the fees and disbursements of Bond Counsel; (d) any fees and disbursements of any consulting engineers; (e) the fees and disbursements of William R. Hough & Co., the financial advisor to the Issuer; (0 any fees and disbursements nfthe Issuer's certified public 17 accountants; (g) the fees and disbursements o£any other experts, consultants or advisors retnlned by the Ismer, (h) fees for bond ratings; 6) the fees and expenses of the Registrar, the Paying Agent and the Escrow Holder; and (j) the costs of preparing, printing and delivering the Preliminary Official Statement, the Official Statement, the Settlement Official S:.atement and any supplements or amendments thereto. The Underwriters shall pay: (a) the cost of preparing, printing and delivering this Purchase Contract; (b) the cost of all 'blue sky" and legal investment memoranda and related filing fees; (c) the fees and expenses of Counsel to the Underwriters; (d) all advertising expenses; and (e) all other expenses incurred by them or any ofthem in connection with the public offering of the Bonds. In the event that either party shall have paid obIigations of the other as set forth in this Section 10, adjustment shall be made at the time of the Settlement ] 1 Notices. Any notice or other communication to be given to you under this Contract may he given by mailing the same to the Collier County Water-Sewer District, 3301 East Tamiami Trail, Government Complex, Naples, Florida, 33962, to the attention of the Finance Director, and any such notice or other communication to he given to the Underwriters may be mailed to Raymond James & Associates. Inc., 220 Congress Park Drive, Suite 240. Delray Beach, Florida 33445, attention: Arthur H Ziev. 12. Parties in Interest. This Contract is made solely for the benefit of the Issuer and the Underwriters and no other party or person shall acquire or have any right hereunder or by virtue hereof All your representations, warranties and agreements in this Contract shall remain operative and in full force and effect and shall survive the delivery of the Bonds 13 Waiver. Notwithstanding any provision herein to the contrary, the performance of any and all obligations of the Issuer hereunder and the performance ofany and all conditions contained herein for the benefit of the Underwriters may be waived by the Underwriters, in their sole discretion. and the approval of the Underwriters when required hereunder or the determination of their satisfaction as to any document referred to herein shall be in writing, signed by an appropriate officer or officers ofthe Underwriters and delivered lo you t4 No Liability. Neither the Issuer, nor any of the members thereof, nor any officer, agent or ernployee thereof, shall be charged personally by the Underwriters with any liability, or held liable to the Underwriters under any term or provision of this Contract because of its execution or attempted execution, or because of any breach or attempted or alleged breach thereof. 15. Governing L~w. This Contract. and the terms and conditions herein, shall constitute the ~ and complete agreement between the Issuer and the Underwriters with respect to the purchase and sale o£the Bonds This Contract shall be governed by and construed in accordance with the laws of the State of Florida 18 Very truly yours, RAY'MOND JAMES & ASSOCIATES, INC. ACCEPTED this day of · 1998. By: Authorized Repre~s~ntative COLLIER COUNTY WATER-SEWER DISTRICT By: Chairman 19 ATTACHMENT I RAYMOND JAMES & ASSOCIATES, INC. 220 Congress Park, Suite 240 Delray Beach, Florida 33445 ,1998 Collier County Water-Sewer District Government Complex 3301 East Tamiami Trail Naples, Florida 34112 Re: $ Collier County Water-Sewer District Water and Sewer Refunding Revenue Bonds, Series 1999 Ladies and Gentlemen Pursuant to Section 218.385, Florida Statutes, the following information is provided in connection with the sale of the above-captioned obligations (the "Bonds"). 1. The nature and estimated amount ofexpenses which the Underwriters expects to incur with respect to the Bonds is as follows: Per $1.000 $ Amount Total 2. There are no finders, as defined in Section 218.386, Florida Statutes, who have been retained or who will be paid by the Underwriters in connection with the issuance of the Bonds. 3. The amount of the Underwriters' discount expected to be realized with respect to the Bonds is $ per $1,000 ($. ) which includes $ per $1,000 ($ ) for underwriting risk, $ per $1,000 (5; ) for average takedown, $ per $1,000 ($ ) for expenses and 5; per 5;1,000 ($ ) for management fee. 4. No fee, bonus or other compensation is to be paid by the Underwriters in connection with the Bonds to any person not regularly employed or retained by it Attachment I - Page I 5. The Underwriters are Raymond James & Associates, Inc., 220 Congress Park Drive, Suite 240, Delray Beach, Florida 33445, and Salomon Smith Barney, Inc., 777 South Flagler Drive, Suite 801, West Palm Beach, Florida 33401. Very truly yours, RAYMOND JAMES & ASSOCIATES, INC. By: Authorized Representative Attachment I ~ Page 2 SCHEDULEI AMOUNTS, MATURITIES, INTEREST RATES AND PRICES OR YIELDS Collier County Water-Sewer District Water and Sewer Refunding Revenue Bonds, Series 1999 fl~J33oun! $ Serial Bonds Price Maturity Interest or Maturity Interest (July l ) Rate Yield Amount (July l ) Rate Yield $ $ % Term Bonds due Jul)' 1, __ - Yield % % Term Bonds due July 1, __ - Yield % (Accrued Interest to be Added) REDEMPTION PROVISIONS Optional Redemption The Bonds maturing July 1, __ through , inclusive, are not subject to redemption prior to maturity. The Bonds maturing on July 1, __ and thereafter may, at the option of the Issuer, be called for redemption prior to maturity from any legally available source, in whole or in part on any date on or after July 1, , in s~ch selection of maturities as shall be determined by the Issuer, and by lot within a maturity, if less than an entire maturity is to be redeemed, at the following redemption prices (expressed as percentages of the principal amount to be redeemed) set forth below, plus accrued interest to the redemption date: Redemption Dates (Both dates inclusive) Redempfign Price Mandatory Redemption The Term Bonds maturing on July 1,. and July l, are subject to mandatory sinking fund redemption by operation of the Term Bonds Redemption AcCount in the Sinking Fund, in pan Schedule I - Page 1 by lot, prior to rmm,qty, al a price ofpar plus accrued interest to the date of redemption, in the years ~nd in the ~n~ounts as follows: l~,~ndat ory Redemption Date July I (*) i*) Final maturity Bonds due July 1, ink3 F n n Mandatory Redemption Date July 1 Bonds due July 1, Sinking Fund Installments i*) Final maturity Schedule I - Page 2 EXHIBIT C FORM OF PRELIMINARY OFFICIAL STATEMENT PRELIMINARY OFFICIAL STATEMENT DATED NOVEMBER NEW ]J~$1,IE - F~JLL BQOK-ENTRY In the opinion of Bond Counsel. under tm'jting statutes, regulan'on~, ruling~ and court decisions and subject to the candiaon$ desc~bed herein under '3'AX ~]ON. ~ interest an the Refunding Bands is (i) excludabl# from gras~ Income for feden~ income tax purposes, and {ii) not an item of tax preference for t~rposes of the Federal ahernaave minimum tax imposed on individuals ami corporations. Such interest, however, will be includable in the calculation ora corporation's alternative minimum taxable income and may be subject to other federal income ~ con~equence~ referr~ to herein under EXEMPTION. ~ Bond Coun:tel is further of tbe opinion that the Refunding Bonds and the income thereon are exempt frarn all prezent intangible personal proper~, taxez tmpozed pur~uant to Chapter 199. r'3or~da Statutes. COLLIER COUNTY WATER-SEWER DISTRICT (FLORIDA) $6,700,000 * Water and Sewer Refunding Revenue Bonds, Series 1998 $23,500,000 * Water and Sewer Refunding Revenue Bonds, Series 1999 Expec~d Series 1998 Bo~ds Dated Date: December 1, 1998 Due: Jul)' 1. as shown on the inside cover page Expected Series 1998 Bonds Delivery Date: December 17, 1998 Expected Series 1999 Bonds Dated Date: April 1, 1999 Expecied Series 1999 Bonds Delayed Deliveo' Date: April 6, 1999 The Water and Sewer Refunding Revenue Bonds. Series 1998 (the "Series 1998 Bonds") and the Water and Sev, er P,~undiag Rax'enue Bonds. Series 1999 (the "Series 1999 Bonds." and together with the Series 1998 Bonds. the 'Refunding Bonds") are being issued by the Collier Count).' Water-Sewer District (the "District") as fully registered bonds and ifut~l~' udll be reg~slered in Ihe name of Cede & Co.. as nominee of The Depositor3.' Trust Compaq'. New York. New York CDTC') Individual purct~.~es s~ll be made in book-entD' form only in denominations of $5,000 and integral multiples thereof Purchasers of thc Refunding Bonds will not receive physical delivery of certificates Tran..qers of ow;re'ship inleresl in the Refunding Bonds v, ill be effecled by DTC book-eniD' ~'stem as described herein. Inte~sl on the Refi. mding Bonds is line, able on Jul)' 1. 1999 and semiannually on each January I and July I thereafter. Principal o£ premium, if an:,. and interest on the Refunding Bonds ,,,,'ill be payable by First Union National Bank. Jacksonx'ille. Flor~da. as Paying Agent and Bond Registrar. The Series 1999 Bonds are subjccl to optional and mandaloD' redemption prior to their stated maturities as described herein Tiffs cover pagc contains information for quick reference only and is not a summar,.' of this issue. Investors must read the entire Official Statement to obtain information essential to Ihe making of an informed investment decision The Series 1998 Bonds are being issued, together v, ith certain other legally available funds of the District. to (i) refund cenmn of the DisLncl's currently outstanding Water and Sewer Revenue Bonds, Series 1992, and (ii) pa.',' certain c:osls of ie~,:~nce of the Refunding Bonds. The Series 1999 Bonds are being issued, together with certain other legalS,.' a,,-ailahle funds of the DisLricL to (i) t~und all of the District's currently outstanding Water and Sewer Revenue Bonds, Series 1991. and (ii) pay certain costs of issuance of the Refunding Bonds. The Refunding Bonds are being issued as Additional Bonds (as defined in the Resolution) on a parity with District's outslanding Water and Sewer Reveame Bonds. Series 1992 which rem~n OULqand~ng following the delivep,.' of the Series 1998 Bonds. Taxable Waler and Sewer P,:funding Re'.'enue Bonds. Series 1994 A. and Water and Sewer Refunding Rex'enue Bonds. Series 1994B (o:diect~,,'eh.'. the 'Prior District Bonds'). all issued b.v the Dislrict pursuanl Io the pro",'isions nf Resolutlon No. L'TRtS- 85-5 adopted on Jul.'.' 30. 1985. as restated, amended and supplemented (collecti,,.ely. the "Resolution'). ON PARITY AND EQUAL STATUS WITH THZ PRIOR DISTRICT BONDS, THE REFUND131G BONDS ARE SE~D BY A PLEDGE OF AND LIEN ON, THE PLEDGED FUNDS (AS DEFINED IN THE RY.,SOLUTION), AS PROVIDED IN THE ~LUT1ON. SEE "$ECURfI'Y FOR THX REFUNDING BONDS" HEREIN. 'file REFUNDI/~G BONDS SHALL NOT BE DEEMED TO CON~,~ I t OTE A GENERAL OBI. JGATION OR PLEDGE OF ~ lrAn'H AND CRE.Drr OF ~ DLVI3~IC'T, COl ~ ~I:R COUN'rY, 'FILE STATE OF FLORmA OR ~ POLITICAL SD]iDrV]SION OF ~ ~TAT~ OF FLORIDA FOR ~ PAYMENT OF TH~ REFUNDING BONDS. ~ REFUNDLNG ~ONDS A~D THE OBLIGATIONS EVIDENCED THEREBY DO NOT CONSTITU'r~ A LIEN UPON ANY PROPERTY OF ~ DI.~TI~JCT, COl ~ nCR COUNTY OR TH~ STATE OF FLORIDA, BUT SHALL CON~{ I l uTE A LIEN ONLY ON, AND PAYABL{~ SOLIDLY FROIVL THE PLEI)G£D FUNDS. The paymen! of the principal of and interest on the Series 1998 Bonds will be insured by a municipal bond insuran~ policy. Io be issued by ~imultaneously with the delivery of the Series 1998 Bonds. The I~.'ment ffthe primipal of and inter~n on the Series 1999 Bonds will be insum:l by. a municipal bond insurance palic)' to be issued by .-- simultaneously with the delivery of the Series 1999 Bonds. For a discussion of the terms and provisions of su~:h policies, including the limilations thereof. ~e 'MUNICIPAL BOND INSURANCE" {ln~erlLogo] The Refunding Bonds are offered when, o~, and if issued by the District and accepted by the Underwriters. subject to the approval as to their legali.tv by Nabors, Giblin St Nicktrson, P.A., Tampa. Florida, Bond Counsel. Certain legal matters will be passed on for the District by David C Weigel, Esq., Naples, Florida, Attorney to the District. Certain legal matters .'ill be passed upon for the Underwriters by their counsel, B .rvant, Miller and Olive. PM., Tt~a. Florida. If~lliam R. Hough 8. Co., .¥oples, Florida is acting as FinancialAtfi,isor to the District. It is expectedthat the Series 1998 Bonds .'ill be available for deliver, on or about December 17. 1998. IT IS EXPEuI ED THAT THE SERIES 1999 BONDS WILL BE AVAILABLE FOR DELIVERY ON OR ABOUT APRIL 6, 1999. SEE 'DELAYED DELIVERY RISKS" HEREIN. PROSPECTIVE PURCHASERS OF THE SERIES 1999 BONDS WILL BE REQUIRED TO EXECUTE AND DELIVER A DELAYED DELIVERY CONTRACT, THE FORM OF WHICH IS A3-rACHED HERETO AS APPENDIX Raymond James & Associates, Inc. Salomon Smith Barney Dated: , 1998 * Preliminan.'. subject lo change 8El RED H~.RING LANGUAGE: tO sell or a solicitation of an offer ~o buy, nor shall there be any sale of Ibc Refxu~ag Bol~ds in any jurisdiction in which such offer, solicitation or sale would be unlawful pr/or to registration. qt=li~cation or exemption un~er Lbe s~cur/tic~ laws of such jurisdi:tion. The Dish-ia has deemed this Prelirrfina~.' Official S~aterr~nt "final,' e. xc~ for certain pern~t~d omhsion~, wiflfin ~he contemplation of Rule 15c2-12 promulgated by ihe S~curities ~md Exchange Commir, aion. COLLIER COUNTY WATER-SEWER DISTRICT AmounI $ Water and Sewer Refunding Revenue Bonds, Series 1998 Amounts, Maturities, Interest Rates, and Prices or Yields $ Serial Bonds Price Maturity Interest or Maturity (July 1 ) R~le Yield Amount (July 1 ~ Interest Rate Price or (Accrued Interest to be Added) Amount $ Water and Sewer Refunding Revenue Bonds, Series 1999 Amounts, Maturities, Interest Rates, and Prices or Yields $ Serial Bonds Price Maturity Interest or Maturity (July 1 } Rate Yield Amount (July 1 } Interest l~te Price or Yield $ $ __ % Term Bonds due July 1. __ __% Term Bonds due July 1, __ - Price or Yield - Price or Yield % % (Accrued Interest to be Added) COLLIER COUNTY WATER-SEWER DISTRICT BOARD OF COUN'I~ COMMISSIONERS Jobs C. Norris Jim C.a~r Timo~y J. Constantine Pamela S. Mac'Kie Chairman Vice Chairman Commissioner Commissioner Commissioner COUNTY ADMINISTRATOR Robert F~-mand~z CLERK OF THE CIRCUIT COURT AND EX-OFf'lC'lO CLERK OF THE BOARD OF COUNTY COMMISSIONERS Dwight E. Brock DIRECTOR OF FINANCE AND ACCOUNTING James L. Mitchell, CIA. CFE, CBA PUBLIC WORKS ADMINISTRATOR Ed llschner COUNTY ATTORNEY/ATTORNEY TO THE DISTRICT David C. We, igel, Esq. BOND COUNSEL Nabors. Giblin & Nickerson P.A. Tampa, Florida 8El FINANCIAL ADVISOR William R. Hough & Co. Naples, Florida INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS KPMG Peat Marwick, LLP St. P~ersburg, Florida Elmq No deaJer, broker, salesman or other person has been authorized by the District to give any information or to make any representations in connection with the Refunding Bonds other than as contained in this Official Statement, and, if given or made, such information or representations must not be relied upon as having been authorized by the District. This Official Statement does not constitute an offer to sell or the solicitation of an offer to buy, nor shall there be any sale of the Refunding Bonds by any person in any jurisdiction in which it is unlawful for such person to make such offer, solicitation or sale. The information set forth herein has been obtained fi.om the District, DTC, the Insurer, and other sources which are believed to be reliable, but is not guaranteed as to accuracy or completeness, and is not to be construed as a representation by the District with respect to any information provided by others. The information and expressions of opinion stated herein are sub}ecl to change, and neither the delivery ofthls Official Statement nor any sale made hereunder shall create, under any circumstances, any implication that there has been no change in the mailers described herein since the date hereof. IN CONNECTION WITH THIS OFFERING, THE UNDERWRITERS MAY OVERALLOT OR EFFECT TRANSACTIONS THAT STABILIZE OR MAINTAIN THE MARKET PRICE OF THE REFUNDING BONDS AT LEVELS ABOVE THAT WHICH MIGHT OTHERWISE PREVAIL IN THE OPEN MARKET. SUCH STABILIZING, IF COMMENCED, MAY BE DISCONTINUED AT ANY TIME. All su~es herein of documents and agreements are qualified in their entirety by reference to such documents and agreements, and all summaries herein of the Refunding Bonds are qualified in their entiret3, by reference to the form thereof included in the aforesaid documents and agreements. NO REGISTRATION STATEMENT RELATING TO THE REFUNDING BONDS HAS BEEN FILED WITH THE SECURITIES AND EXCHANGE COMMISSION (THE "COMMISSION") OR WITH ANY STATE SECURITIES COMMISSION, IN MAKING ANY INVESTMENT DECISION, INVESTORS MUST RELY ON THEIR OWN EXA/viINATIONS OF THE DISTRICT AND THE TERMS OF THE OFFERING, INCLUDING THE MERITS A~D RISKS INVOLVED THE REFUNDING BONDS HAVE NOT BEEN APPROVED OR DISAPPROVED BY THE COMMISSION OR ANY STATE SECURITIES COMMISSION OR REGULATORY AUTHORITY. THE FOREGOING AUTHORITIES HAVE NOT PASSED UPON THE ACCURACY OR ADEQUACY OF THIS OFFICIAL STATEMENT, ANY REPRESENTATION TO THE CONTRARY MAY BE A CRIMINAL OFFENSE. [Remainder of page intentionally lef~ blank] TABLE OF CONTENTS Contents Pa~e INTRODUCTION .......................................................... The County and the District .............................................. 1 The Refunding Bonds ................................................... 2 Purpose o£the Refunding Bonds .......................................... 2 Security for the Refunding Bonds .......................................... 2 R~erv¢ Account ...................................................... 3 Municipal Bond Insurance ............................................... 3 Redemption Provisions .................................................. 3 Additional Bonds ...................................................... 4 Continuing Disclosure .................................................. 4 Additional Information .................................................. 4 DELAYED DELIVERY RISKS .................................... 4 Delayed Deliver3, 4 Bond Insurance Rating Risks 5 Secondary Market Risk 6 Market Value Risk 6 Issuance of Legal Opinion 6 DESCRIPTION OF THE REFUNDING BONDS ............................. 7 General 7 Payment o£the Bonds 7 Exchange and Registration of'Transfer Bonds ......................... 7 Ownership of Bonds 8 REDEMPTION PROVISIONS ................................... 8 Optional Redemption 8 Mandatory Redemption ............................................. 8 Notice of Redemption .................................... 9 BOOK-ENTRY ONLY SYSTEM ............................................. 10 PLAN OF FINANCING .............................. 12 SECURITY FOR THE REFUNDING BONDS ............................... 13 General ........................................................... 13 Rate Covenant ....................................................... 14 Disposition of Revenues ................................................ 14 Reserve Account ................................................... 15 Subordinated Indebtedness ............................................ 16 ADDITIONAL BONDS ......................................... 16 MUNICIPAL BOND INSURANCE ........................................ 17 8E1 ESTIMATED SOURCES AND USES OF FUNDs ................................ lg COMBINED DEBT SERVICE SCHEDULE .;, .................................... 20 THE COUNTY ............................................................ 21 General ............................................................ 2 ] Board of County Commissioners ......................................... 21 The County Administrator .............................................. 21 Budget Process ...................................................... 22 Annual Audit THE DISTRICT ........................................................... 22 B~kground ......................................................... 22 Powers ............................................................. 23 Management ........................................................ 23 Billings and Collections ................................................ 23 Financial Records .................................................... 24 THE SYSTEM Existing Water System ................................................ 26 Existing Sewer System ................................................. 2g Water Rates and Charges ............................................... 30 Sewer Rates and Charges ............................................... 3 l Reuse Irrigation Rates and Charges ....................................... 32 System Development Fees .............................................. 33 Capital Improvement Plan .............................................. 35 HISTORICAL REVENUES, EXPENSES AND DEBT SERVICE COVERAGE .................................... 37 TAX EXEMPTION Internal Revenue Code of 1986 ......................................... 38 Collateral Tax Consequences ....................................... 38 Florida Taxes Other Tax Matters Tax Treatment of Original Issue Discount ........................... 39 LITIGATION LEGAL MAI II;RS FINANCIAL STATEMENTS YEAR 2000 COMPLIANCE .................................................. 41 DISCLOSURE REQUIRED BY FLORIDA BLUE SKY REGULATIONS .............. 43 ENFORCEABILITY OF REMEDIES RA'ITNGS .............................................................. 44 FINANCIAL ADVISOR ..................................................... 44 VERIFICATION OF MATHEMATICAL COMPUTATIONS ........................ 44 UNDERWRITING ........................................................ 45 CONTINGENT FEES ..................................................... 45 INVESTMENT POLICY ................................................. 45 CONTINrUINO DISCLOSURE ................................................ 48 ALrrHORIZATION OF AND CERTIFICATION CONCERNING OFFICIAL STATEMENT .... MISCELLANEOUS APPENDIX A APPENDIX B APPENDIX D APPENDIX E- 1 APPENDIX E-2 APPENDIX F- 1 APPENDIX F-2 APPENDIX G APPENDIX H SUMMARY OF CERTAIN PROVISIONS OF THE RESOLUTION GENERAL INFORMATION CONCERNING COLLIER COUNTY, FLORIDA WATER-SEWER DISTRICTS OF COLLIER COUNTY AUDITED FINANCIAL STATEMENTS FOR FISCAL YEAR ENDED SEPTEMBER 30, 1997 WATER-SEWER DISTRICTS OF COLLIER COUNTY UNAUDITED FINANCIAL STATEMENTS FOR FISCAL YEAR ENDED SEPTEMBER 30, 1998 FORM OF BOND COUNSEL OPINION RELATING TO SERIES 1998 BONDS FORM OF BOND COUNSEL OPINION RELATING TO SERIES 1999 BONDS FORM OF CONTINUING DISCLOSURE CERTII:ICATE RELATING TO SERIES 1998 BONDS FORM OF CONTINUING DISCLOSURE CERTIFICATE RELATING TO SERIES 1999 BONDS SPECIMEN BOND INSURANCE POLICY FOR SERIES 1998 BONDS AND FOR SERIES 1999 BONDS FORM OF DELAYED DELIVERY CONTRACT RELATING TO SERIES 1999 BONDS OFFICIAL STATEMENT Relating To COLLIER COUNTY WATER-SEWER DISTRICT $6,700,000 * Water and Sewer Refunding Revenue Bonds, Serie~ 1998 $23,500,000" Water and Sewer Refunding Revenue Bonds, Series 1999 LNTRODUCTION This introduction is subject in all respects to the more complete information and definitions eomained or incorporated in this Official Statement and should not be considered to be a complete st~emem of the facts material to making an informed investment decision. The offering by the Collier County Water-Sewer District (the "District") of its $6,700,000' Water and Sewer Refunding Revenue Bonds, Series 1998 (the "Series 1998 Bonds") and its $23,500,000" Water and Sewer Refunding Revenue Bonds, Series 1999 (the "Series 1999 Bonds," and together with the Series 1998 Bonds, the "Refunding Bonds") to potential investors is made only by means of the entire Official Statement, including all appendices attached hereto. All capitalized undefined terms used in this introduaion shEl have the meanings ascribed to them in "APPENDIX A--Summary of Certain Provisions of The Resolution" attached hereto The County and the District Collier Count3., Florida (the "County") is located in the southwestern portion of the State of Florid& with the City of'Naples being the largest incorporate~ municipalit3' The County, whose 1997 estimated population was 202.903, derives its economy from wholesale and retail trade, government, tourism, contract construction, agriculture, cattle ranching and timber. Part of the Everglades Nas. iona] Park, the United States' only subtropical national park, comprises a portion of the County. See "APPEN~DIX C--General Information Concerning Collier County. Florida" attached hereto. The Collier County Water-Sewer District (the "District") is a body corporate and politic and political subdivision of the State of Florida. The Prior District Bonds (hereinafter defined), the Refunding Bonds and any Additional Bonds of the District are and will be issued pursuant to and under the authority of Resolution No. CWS-85-5 nfthe District, adopted July 30, 1985, as amended, resaued and supplemented (collectively, the "Resolution"), the Constitution of the State of Florida, Chapter 78-489, Laws of Florida, as amended by Chapter 88-499, Laws of Florida, and other applicable provisions oflaw. The District covers approximately 200 square miles of unincorporated Collier County. The Collier County Water-Sewer District Water and Sewer System is owned and operated by the District, the governing board of which is the Board. * Preliminary - subject to change The R~funding Bonds The Series 1998 Bonds, when issued, will be dated December 1, 1998, with interest payable on e~h Janum5, 1 and July 1, commencing on July 1, 1999, and will mature on July 1 in the years ~nd in the amounts and bear intere~ au the rates shown on the inside cover page of this Official Statement. The Series 1999 Bonds, when issued, will be dated April 1, 1999, with interest payable on each January 1 and July I, commencing on July 1, 1999, and will mature on July 1 in the years and in the amounts and bear interest au the rates shown on the inside cover page of this Official Statement. The Refunding Bonds are being issued in fully registered form in principal denominations of $5,000 or integ~ multiples thereofi and, when issued, ~ be registered in the name of Cede & Co., as nominee for The Depository Trust Company, New York, New York CDTC"). See "DESCRIPTION OF THE REFUNDING BONDS" and "BOOK-ENTRY ONLY SYSTEM" herein. IT IS EXPECTED THAT THE SERIES 1999 BONDS WILL BE AVAILABLE FOR DELIVERY ON OR ABOUT APRIL 6. 1999. SEE "DELAYED DELIVERY RISKS" HEREIn. PROSPECTIVE PURCHASERS OF THE SERIES 1999 BONDS WILL BE REQUIRED TO EXECUTE AND DELIVER A DELAYED DELWERY CONTRACT, THE FOR3! OF WHICH IS ATTACHED HERETO AS APPENDIX "H." Purpose of the Refunding Bonds The Series 1998 Bonds are being issued, together with certain other legally available funds of the District. to 6) refund certain of the District's currently outstanding Water and Sewer Revenue Bonds, Series 1992. and (ii) pay certain costs of issuance of the Refunding Bonds. The Series 1999 Bonds are being issued to provide funds, together with certain other legally available funds of the Dislrict. to (i) refund all of the District's currently outstanding Water and Sewer Revenue Bonds. Series 1991, and (ii) pay certain costs of issuance of the Refunding Bonds See "SOURCES AND USES OF FUNDS" and 'PLAN OF FINANCING" herein Security for the Refunding Bonds When each are issued, the Series 1998 Bonds and the Series 1999 Bonds will be issued as Additional Bonds (as defined in the Resolution) on a parity with District's outstanding Water and Sewer Revenue Bonds, Series 1992 which remain outstanding after the issuance of the Series 1998 Bonds, Taxable Water and Sewer Refunding Revenue Bonds. Series 1994& and Water and Sewer Refunding Revenue Bonds. Series 1994B (collectively, the "Prior District Bonds"), all issued by the District pursuant to the provisions of the Resolution. The principal of, premium, if any, and interest on the Refunding Bonds shall be secured equally and ratably with the Prior District Bonds by a pledge of and llen upon (i) the Net Revenues (Gross Revenues less Operating Expenses) to be derived from the operation of the District's Water and Sewer System, (ii) certain charges imposed by the District on Persons (as defined in the Resolution), including developers and large users, connecting to the District's Water and Sewer System or reserving capacity in the System, which represent u pro rata share of the costs of the System which are attributable to the increased demand such additional connections create upon the System: provided, however, that (A) such charges shall be net of any refunds to said Persons in ~_ccordance with applicable developer or use agreements, and (B) shall not include Connection Fees ("System Development Fees"), (iii) the proceeds from any and ail assessments against property benefitted by the System or any part thereof ("Speclsl Assessments"), provided that Speciai Assessments shall be subject to the provisions and lien and pledge of the Resolution only if and to the extent provision for inclusion as a part of the Pledged Funds has been made by a supplemental resolution to be adopted by the District ('Speciai Assessment Proceeds'), and (iv) until applied in accordance with the provisions of the Resolution, ail moneys, including investments, thereof, in the funds and accounts established under the Resolution, except for the Revenue Fund and the Operation and Maintenance Fund (collectively, 'Pledged Funds'). At the pre.at lime, the District has not designated any Speciai Assessments to be a part of Pledged Funds relating to the Prior District Bonds or the Refunding Bonds. See 'SECURITY FOR THE REFUNDING BONDS" herein. Reserve Account Following the issuance of the Series 1998 .Bonds, the Reserve Account will be fully funded in an amount equal to the Reserve Account Requirement for the Series 1998 Bonds and the Prior District Bonds, and then a~air~ following the issuance oftbe Series 1999 Bonds, the Reserve Account will be fully funded in an amount equal to the Reserve Account Requirement for the Series 1998 Bonds, the Series 1999 Bonds, and the Prior District Bonds, from moneys on deposit in certain funds and accoums established for the benefit of the Refunded 1991 Bonds, the Refunded 1992 Bonds and the Prior District Bonds. Municipal Bond Insurance Payment of the principal of and interest on the Series 1998 Bonds, when due, will be insured by a municipal bond insurance policy (the "1998 Policy") to be issued by (the "Insurer") simultaneously with the delivery of the Series 1998 Bonds. Under the terms of the 1998 Policy, the Insurer will guarantee the payment of the principal of and interest on the Series 1998 Bonds to the extent that the District should be unable to make such payments, when due, to Series 1998 Bondholders. The 1998 Policy will extend for the term of the Series 1998 Bonds and, once issued, cannot be canceled by the Insurer. Payment of the principal ofand interest on the Series 1999 Bonds, when due, will be insured by a municipal bond insurance policy (the "1999 Policy') to be ismed by the Insurer simultaneously with the delivery of the Series 1999 Bonds. Under the terms of the 1999 Policy, the Insurer will guarantee the payment of the principai of and interest on the Series 1999 Bonds to the extent that the District should be unable to make such payments, when due, to Series 1999 Bondholders. The 1999 Policy will extend for the term ofthe Serie~ 1999 Bonds and, once issued, cannot be canceled by the Insurer. See 'MUNICIPAL BOND INSURANCE' herein. Redemption Provisions The Series 1998 Bonds are not subject to redemption prior to maturity. The Series 1999 Bonds are subject to optional and mandatory redemption prior to their respective maturity dates. See 'gl:T~EMPTION PROVISIONS" herein. Additional Bonds In the fi~ture, the District may issue Additional Bonds payable from the Pledged Funds on a parity with the Prior District Bonds, the Series leO8 Bonds, and the Series 1999 Bonds. Such Additional Bonds may be issued only if the District first complie~ with certain conditions set forth in the Resolution. See "ADDITIONAL BONDS" herein and "APPENDIX A- Summary of Certain Provisions of the Resolution" attached hereto. Continuing Disclosure The District has covenanted for the benefit of Refianding Bondholders to provide certain financial information and operating data relating to the District and the Kefiinding Bonds in each year, and to provide notices of the occurrence of certain enumerated material events, in accordance with Rule 15c2-12 of the Securities and Exchange Commission. See "CONTINUING DISCLOSLrRE'' herein. Additional Information This Official Statement speaks only as of its date and the information contained herein is subject to change. This Official Statement contains certain information concerning the Insurer and its policies of municipal bond insurance on the Refi. mding Bonds, and DTC and its book-entry system. Such information has not been provided by the District and the District does not certify as to the accuracy or sufficiency of the disclosure practices or content of information provided by such parties and is not responsible for the information provided by such parties. A copy of the Resolution and all documents of the District referred to herein, including copies of the audited and unaudited financial statements of the District, may be obtained from Dwight E. Brock, Clerk of the Circuit Court of Collier County, Florida, 3301 E. Tamiami Trail, Building F, Naples, Florida 33962, Phone (941) 774-8404. DELAYED DELIVERY RISKS THERE ARE NUMEROUS CONDITIONS WHICH MUST BE SATISFIED PRIOR TO THE DELIVERY OF ~ SERIES 1999 BONDS, AND THE FOLLOWING IS NOT MEANT TO BE AN EXHAUSTIVE LIST OF ALL SUCH CONDITIONS. THERE CAN BE NO ASSURANCE THAT ALL OF THE CONDITIONS FOR THE DELIVERY OF THE SERIES 1999 BONDS WILL BE SATISFIED, AND NO ASSURANCE CAN BE GIVEN THAT THE SERIES 1999 BONDS WILL BE ISSUED Delayed Delivery The District anticipates that the Series 1999 Bonds will be issued and delivered on or about April 6, 1999 (the "Delivery Date"), approximately four (4) months from the date hereof Purchasers 4 of the Series 1999 Bonds will be required to immediately execute and deliver a Delayed Delivery Contract in connection with said purchase, the form of which is attached hereto as Appendix "H." Delivery of the Series 1998 Bonds is contingent upon delivery of the 1999 Policy by the Insurer, the delivery of certain certificates, reports and legal opinions, and the satisfaction of certain conditions as of the Delivery Date for the Series 1999 Bonds, as provided in the Forward Delivery Bond Purchase Contract between the District and the Underwriters related to the Series 1999 Bonds (the "Forward Purchase Contract"). The documents required to be delivered by the Forward Purchase Contract include, among other things, the opinion of Bond Counsel insubstantially the form set forth as APPENDIX E-2 attached hereto, certain additional opinions of Bond Counsel and the Attorney to the District, and certificates of the District as to the completeness and accuracy of the Official Statement, as amended and/or supplemented (as provided in the following sentence), prior to the delivery ofthe Series 1999 Bonds (the Official Statement, as amended and/or supplemented, being the "Supplemental Official Statement"). The Forward Purchase Contract requires that the District prepare and furnish to the Underwriters on or before the date occurring three (3) business days prior to the Delivery Date the Supplemental Official Statement, if required. During the period of time between the date hereof and the Delivery Date for the Series 1999 Bonds (the "Delayed Delivery Period"), material events or conditions could occur which are not described in this Official Statement and information contained in this Official Statement could change in a material respect Ercept for delivery of the Supplemental Official Statement as provided above. the Dtstrtct ts not otherwtse obltgated by the Forward Purchase Contract to update this Official Statement during the Delayed Dehver)' Pertod, except as other~qse required by applicable federal securities FAILURE TO COMPLETE THIE REQUIREMENTS FOR SETTLEMENT AND DELIVERY OF THE SERIES 1999 BONDS, INCLUDING FAILURE OF THE DISTRICT OR OTHER PARTIES TO DELIVER ANY OF THE DOCUMENTS REQUIRED BY THE FORWARD PURCHASE CONTRACT IN TItE FORM AND SUBSTANCE PROVIDED FOR IN SUCH FORWARD PURCHASE CONTRACT, UNLESS SUCH FAILURE IS WAIVED BY THE UNDERWRITERS, WILL MEAN THAT THE SERIES 1999 BONDS WILL NOT BE ISSUED AND DELIVERED. THE UNDERWRITERS HAVE THE RIGHT, BUT ARE UNDER NO OBLIGATION, TO WAIVE ANY SUCH FAILURE. Bond Insurance Rating Risks The 1999 Policy issued by the Insurer currently results in covered bond issues being rated "Aaa" by Moody's Investors Service, Inc. and "AAA" by Standard and Poor's Ratings Service. See "RATINGS" herein. The District has received a commitment for the delivery of the 1999 Policy by the Insurer on the Delivery Date. The Series 1999 Bonds will be rated on the Delivery Date based, in part, upon such 1999 Policy. No assurances can be given that the ratings ultimately assigned to the Series 1999 Bonds on the Delivery Date will not be different from those currently assigned to bond issues insured by the Insurer Secondary Market Risk T~e Underwriters are not obligaled to eslablish a secondary market in the Series 1999 Bonds and no as~urance~ can be given that a secondary market vail exis~ for the Series 1999 Bonds during the Delayed Delivery Period. Prospective purch~*rs of the Series 1999 Bonds ~hould assume that the Series 1999 Bonds will not be a liquid investment throughout the Delayed Delivery Period. ]Market Value Risk The m~rket value of the Series 1999 Bonds as of the Delivery Date nmy be mf'ected by a variety of factors, including, without linfitation, general market conditions, the ratings on the Series 1999 Bonds, the financial condition and business operations of the District, the System and the Insurer, then prevailing intere.,a rates, federal and state income tax and other laws, including proposed laws, and the relative value of tax-exempt obligations versus other types of investments, such as taxable obligations. The mm'ket value of the Series 1999 Bonds on the Delivery Date could be greater or less than the &greed upon purchase price therefor by the initial purchasers thereof, and the difference could be substantial. NEITHER THE DISTRICT NOR THE UNDERWRITERS MAKE ANY REPRESENTATION AS TO THE MARKET PRICE OF A SERIES 1999 BOND AS OF TH~ DELIVERY DATE THEREOF Issuance of Legal Opinion It is a condition to the issuance of the Series 1999 Bonds at the Delivery Date that Bond Counsel deliver their approving opinion in substantially the form attached hereto as APPENDIX E-2. The ability of Bond Counsel to deliver such opinion at the Delivery Date is subject to its review and analysis, as of the Delivery Date, of certain matters, including, among other things, the application of the proceeds of such Series 1999 Bonds and pertinent provisions of statutes, regulations, rulings and court derisions, including, but not necessarily limited to, federal income tax and securities laws then in effect or proposed to be in effect. In addition, in order to deliver such opinion, appropriate certifications and representations by or on behalf of the District and others must be delivered and made in connection with the issuance of the Series 1999 Bonds. Thus, no assurances can be given that there will be no change in any applicable law, regulations or rulings, or in interpretations thereof, prior to the time of the Delivery Date, that the circumstances and facts that are material to such opinion will not differ, at the time of the Delivery Date, from those currently expected, or that such ceaifaca~ns and representations will be delivered and made in connection with the issuance of Series 1999 Bonds, and, as a consequence, such opinion may not be rendered. DESCRIPTION OF ~ REFUNDING BONDS General The R~funding Bonds are being issued in fully registered form and will be registered initially in the nam~ of.Cede & Co., as the nominee'of,DTC. Individual purchases of,imerests in the Refunding Bonds will be made in book-entry form only. Purchasers o£ the Refunding Bonds offered hereby ("Beneficial Owners") will not receive physical delivery of, ~rtifi~tes. Transfers of ownership intere~.s in the Refunding Bonds will be effect, ed through a book. entry system as de~rihed below, See "BOOK-EN 1 KY ONLY SYSTEM" herein. The Series 1998 Bonds will be dated December I, 1998, and will mature on July 1 in the years and in the amounts and bear interest at the rates shown on the inside cover page of'this Official Statement. The Series 1999 Bonds will be dated April l, 1999, and will mature on July I in the years and in the amounts and bears interest at the rates shown on the inside cover page ot'this Official Statement. The Refunding Bonds are issuable in principal denominations of, $5,000 or integral multiples thereof. Interest on the Series 1998 Bonds is payable on each January 1 and July 1, commencing on July 1, 1999, and interest on the Series 1999 Bonds is payable on each January I and July 1, commencing on July 1, 1999 Payment of the Bonds The prindpal of the Refunding Bonds is payable when due upon presentation and surrender thereof only to the registered owner or his legal representative at the designated corporate trust office of First Union National Bank, Jacksonville, Florida, as paying agent (the "Paying Agent") for the Refunding Bonds. Interest on the Refunding Bonds will be paid by the Paying Agent on each interest payment date to the registered owner thereof, shown on the registration books of, the District maintained by First Union National Bank, Jacksonville, Florida, as bond registrar (the 'Bond Registrar") on the 15th day of the calendar month next preceding the interest payment date (whether or not a business day), by check or draft mailed to such registered owner at his address as it appears on such registration books; provided, however, that at the request and expense of, a Refunding Bondholder, interest shall be paid by bank wire transf,er for the account of.such Bondholder. For so long as the Refunding Bonds shall be held in the DTC book-entry system (without certificates), all such payments of'principal, premium, if any, and interest on the Refunding Bonds will be made to Cede & Co., a~ registered owner theren£ by the Paying Agent and payments to Beneficial Owners.will be the responsibility of,DTC and the DTC Participants. Exchange and Registration of Transfer Bonds See "BOOK-ENTRY ONLY SYSTEM" herein. In the event that the book-entry only system is discontinued, the following provisions would thereat~er apply. Refunding Bonds may be exchanged for a like aggregate principal amount of the Refunding Bonds or other authorized denominations of the same series, interest rate, and maturity. The Refunding Bonds may be transferred only upon an assigamem duly executed by the registered owner or the owner's attorney or lega~ representative in such form as may be satisfactory to the Bond Registrar, such transfer to be made on the registration books of the District kept by the Bond Registrar. Any registered owner requesting such registration, transfer, or exchange ora Refunding Bond may be required to pay for any taxes, fees, expenses, or other governmental charges required to be pa~d with respect thereto. The District and the Bond Registrar are not required to issue and transfer any Refunding Bond during the period beginning on the 15th day of the month next preceding any interest payment date or, in the ease of a proposed redemption of any Refunding Bond, during the 15 days next prez~ing the mailing of notice of such redemption and continuing until such redemption date. Ownership of Bonds The District, the Paying Agent, and the Bond Registrar shall deem and treat the person in whose name any Refunding Bond is regigered on the books maintained by the Bond Registrar as the absolute owner of such Refunding Bond, whether or not such Refunding Bond is overdue, for the ptapose of receiving payment thereof and for all other purposes whatsoever, and neither the District, the Paying Agent, nor the Bond Registrar will be affected by any notice to the contrary. Ali such paymems will be valid and effectual to satisfy and discharge the liability upon such Refunding Bond to the ex-tent of the sum or sums so paid REDEMPTION PROVISIONS Optional Redemption The Series 1998 Bonds are not subject to redemption prior to maturity The Series 1999 Bonds maturing July l, __ through , inclusive, are not subject to redemption prior to maturity. The Series 1999 Bonds maturing on July 1, __ and thereafter may, at the option of the District, be called for redemption prior to maturity from any legally available source, in whole or in part on any date on or a~er July 1, , in such selection ofmaturlties as shall be determined by the District, and by lot within a maturity, if less than an entire maturity is to be redeemed, at the following redemption prices (expressed as percentages of the principal amount to be redeemed) set forth below, plus accrued interest to the redemption date: Redemption Dates (Both dates inclusive) Redemption Price Mandatory Redemption The Series 1999 Term Bonds maturing on July 1, __ and July 1, . are subject to mandatory sinking fund redemption by operation of the Term Bonds Redeml~iion Account in the 8 Sinking Fund, in part by lot, prior to maturity, at a price of par plus accrued interest to the date of redemption, in the years and in the emounts as follows: Series 1999 Bonds due July 1, __ Mandatory Redemption Date J~ly I Sinkimz Fund Installments (') (") Final maturity Series 1999 Bonds due July I, __ Mandatory Redemption Date Jul3' I Sinking Fund Inl;$allm~r~t$ (*) Final maturity Notice of Redemption Notice of redemption of the Refunding Bonds shall be mailed first class, postage prepaid, by the Bond Registrar not less than thirty (30) days before the date fixed for redemption to the registered owners of any Refunding Bonds or portions of Refunding Bonds that are to be redeemed, at their addresses as they appear on the re~stration books kept by the Bond Registrar. Failure to mail notice to the registered owner of any Refunding Bonds which are to be redeemed shall not affect the validity of the proceedings for the redemption of Refunding Bonds. At the redemption date, interest shall cease to accrue on any of the Refunding Bonds duly called for redemption if payment of the redemption price has been duly made or provided for with legally available funds. Owners of such Refunding Bonds shall thereafter look solely to such funds for payment. As described under "BOOK-ENTRY ONLY SYSTEM" herein, for so long as the Refunding Bonds are registered in the name of DTC, Cede & Co., or any other nominee of DTC, notice of redemption of any Refunding Bond will be given by the Bond Registrar only to Cede & Co. or such 9 other nominee as registered owner thereof, who will then be solely responsible for selecting and notifying those DTC Participants who will in turn notify Beneficinl Owners to be affected by such redemption. BOOK-ENTRY ONLY SYSTEM The information in this section concerning DTC and DTC's book-entry system has been obtained from sources the Distrim ~ the Underwriters believe to be reliable. Such information has been provided by DTC, and neither the District nor the Underwriters take any responsibility for the accura6'y thereo£ DTC will act as securities depository for the Refunding Bonds. The Refunding Bonds will be issued as fully-registered bonds registered in the name of Cede & Co. (DTC's partnership nominee). One fully-registered bond certificate will be issued for each maturity of the Series 1998 Bonds and for each maturity of the Series 1999 Bonds in the aggregate principal amount of such maturity, and will be deposited with DTC DTC is a limited-purpose trust company organized under the New York Banking Law, a "banking organization" within the meaning of the New York Banking Law, a member of ibc Federal Reserve System, a "cleating corporation" within the meaning of the New York Uniform Commercial Code, and a "clearing agency" registered pursuant to the provisions of Section 17A of the Securities and Exchange Act of 1934. DTC holds securities that its participants ("Participants") deposit with DTC. DTC also facilitates the settlement among Participants of securities transactions such as transfers and pledges, and in deposited securities through electronic computerized book-entry changes in Participants' accounts, thereby eliminating the need for physical movement of securities certificates. "Direct Participants" means securities brokers and dealers, banks, trust companies, clearing corporations, and certain other organizations. DTC is owned by a number of its Direct Participants and by the New York Stock Exchange, Inc., the American Stock Exchange, Inc., and the National Association of Securities Dealers, Inc. Access to the DTC system is also available to others such as securities brokers and dealers, banks, and trust companies that clear through or maintain a custodial relationship with a Direct Participant, either directly or indirectly ("Indirect Participants"). The rules applicable to DTC and its Participants are on file with the Securities and Exchange Commission. Purchases of Refunding Bonds under the DTC system must be made by or through Direct Partidpants which will receive a credit for the Refunding Bonds on DTC's records. The ownership interest of each actual purchaser of each Refunding Bond ('Beneficial Owner") is in turn to be recorded on the Direct and Indirect Participants' records. Beneficial Owners will not receive written confirmation bom DTC of their purchase, but Beneficial Owners are expected to receive written confirmations providing details of the transactions, as well as periodic statements of their holdings, from the Direct or Indirect Participant through which the Beneficial Owner entered into the transaction. Transfers of ownership interests in the Refunding Bonds are to be accomplished by entries made on the books of Participants acting on behalf of Beneficial Owners. Beneficial Owners 10 not rec~ve certificates representing their ownership interests in Refunding Bonds, except in the evem that use ofthe book-entry system for the Refunding Bonds is discontinued. To facilitate subsequent transfers, all Refunding Bonds deposited by Participants with DTC are registered in the name of DTC's partnership nominee, Cede & Co The deposit of Refunding Bonds with DTC and their registration in the name of Cede & Co. effect no change in beneficial ownership. DTC has no knowledge of the actual Beneficial Owners of the Refunding Bonds; DTC's records reflect oniy the identity of the Direct Participants to whose accounts such Refunding Bonds are credited, which may or may not be the Beneficial Owners. The Participants will remain responsible for keeping account of their holdings on behalf of their customers. Conveyance of notices and other communications by DTC to Direct Participants, by Direct Participants to Indirect Participants, and by Direct Participants and Indirect Participants to Beneficial Owners will be governed by arrangements among them, subject to any statutory or regulatory requirements as may be in effect from time to time Redemption notices shall be sent to Cede & Co If less than all of the Refunding Bonds within an issue are being redeemed, DTC's practice is to de~ermine by lot the amount of the interest of each Direct Participant in such issue to be redeemed Neither DTC nor Cede & Co will consent or vote with respect to Refunding Bonds Under its usual procedures. DTC mails an omnibus proxy to the District as soon as possible after the record date. The omnibus proxy assigns Cede & Co.'s consenting or voting rights to those Direct Participants to whose accounts the Refunding Bonds are credited on the record date (identified in a listing attached to the omnibus proxy) Principal and interest payments on the Refunding Bonds will be made to DTC. DTC's practice is to credit Direct Participants' accounts on payment dates in accordance with their respective holdings shown on DTC's records unless DTC has reason to believe that it will not receive payment on the payment date Payments by Participants to Beneficial Owners will be governed by standing instructions and customary practices, as in the case with securities held for the accounts of customers in bearer form or registered in "street name," and will be the responsibility of such Participant and not of DTC, the District, or the Paying Agent, subject to any statutory or regulatory requirements as may be in effect from time to time. Payment of principal and interest to DTC is the responsibility of the District or the Paying Agent, disbursement of such payments to Direct Participants shall be the responsibility of DTC, and disbursement of such payments to the Beneficial Owners shall be the responsibility of Direct and Indirect Participants DTC may discontinue providing its services as securities depository with respect to the Refunding Bonds at any time by giving reasonable notice to the District and/or the Paying Agent. Under such circumstances, in the event that a successor securities depository is not obtained, Refunding Bond certificates are required to be printed and delivered The District may decide to discontinue use of the system of book-entry transfers through DTC 11 (or a successor seoariti~s dq:)ository). In that event, Refunding Bond ccnificates will be printed and delivered. PLAN OF FINANCING The District is refunding those of its Water and Sewer Revenue Bonds, Series 1992 which mature on and after July 1, 2003 (the 'Refunded 1992 Bonds') with Series 1998 Bond proceeds and other legally available funds of the District. Such moneys will be deposited in irrevocable escrow in an _~-~'ow deposit trust fund (the '1992 Escrow Fund') established with First Union National Bank, Jacksonville, Florida (the 'Escrow Agent') pursuant to an Escrow Deposit Agreement dated December 1, 199g (the '1992 Escrow Deposit Agreement') to pay the scheduled principal of, redemption premium, and accrued interest on the Refunded 1992 Bonds to the redemption date or the maturity date, whichever is applicable. Moneys initially deposited into the 1992 Escrow Fund will be applied to purchase non-callable direct obligations of the United States (the "Refunding Securities") to be plar...~.xl in the 1992 Escrow Fund, or will be held therein as uninvested cash, The Refunded 1992 Bonds are being irrevocably called for early redemption on July 1, 2002 at the appropriate redemption prices thereof. The ~tial cash deposit plus principal of and interest on the Refunding Securities on deposit with the. Escrow Agent in the 1992 Escrow Fund will be sufficient to pay the Refunded Bonds to their redemption date or the maturity date, whichever is applicable, according to schedules verified by See "VERIFICATION OF MATHEMATICAL COMPUTATIONS" herein. The District is refunding all of its Water and Sewer Revenue Bonds, Series 1991 (the 'Refunded 1991 Bonds') with Series 1999 Bond proceeds and other legally available funds of the District. Such moneys will be deposited in irrevocable escrow in an escrow deposit trust fund (the '1991 Escrow Fund") established with First Union National Bank, Jacksonville, Florida (the ~Escrow Agent') pursuant to an Escrow Deposit Agreement dated April 1, 1999 (the "1991 Escrow Deposit Agreement') to pay the scheduled principal of, redemption premium, if applicable, and accrued interest on the Refunded 1991 Bonds to the redemption date or the maturity date, whichever is applicable. Moneys initially deposited into the 1991 Escrow Fund will be applied to porchase Refunding Securities to be placed in the 1991 Escrow Fund, or will be held therein as uninvested cash. The callable Refunded 1991 Bonds are being irrevocably called for early redemption on July I, 1999 at the appropriate redemption prices thereof. The initial cash deposit plus principal of and interest on the Refunding Securities on deposit with the Escrow Agent in the 1991 Escrow Fund will be sufficient to pay the Refunded 1991 Bonds to their redemption date or the maturity date, whichever is applicable, according to schedules verified by . See "VERIFICATION OF MATHEMATICAL COMPUTATIONS" herein. 12 SECURITY FOR THE REFUNDING BONDS General The principal of. premium, if any. and interest on the Refunding Bonds, the Prior District Bonds mol all other Additional Bonds hereafter issued under the Resolution (hereinafter referred to as the "District Bonds") shall be secured ratably by a pledge of the lien upon (i) the Net Revenues (Gross Revenues less Operating Expenses) to be derived from the operation of the System ("Net Revenues"). (ii) the System Development Fees which represent certain charges imposed by the District on Persons (as defined in the Resolution), including developers and large users, connecting to the System or resev,~n8 capadty in the System, which represent a pro rata share of the costs of the System which are attributable to the increased demand such additional connections create upon the System; provided, however, that (A) such charges shall be net of any refunds to said Persons in accordance with applicable developer or use agreements, and 03) shall not include Connection Fees, (iii) the proceeds from any and all assessments against property benefitted by the System or any part thereof ("Special Assessments"), prov/ded that Special Assessments shall be subject to the provisions and hen and pledge of the Resolution only if and to the extent provision for inclusion as part of the Pledged Funds has been made by a supplemental resolution to be adopted by the District ("Special Assessment Proceeds"), and (iv) until applied in accordance with the provisions of the Resolution, all moneys, including investments thereof, in the funds and accounts established under the Resolution, except for the Revenue Fund and the Operation and Maintenance Fund (collectively, "Pledged Funds"). The gross revenues (the "Gross Revenues") of the System, as defined in the Resolution, include, among other things, ali rates, fees, rentals, charges and other income to be made and collected by the District for the use of the products, services and facilities to be provided by the System, and all earnings and income derived from the investment of moneys under the provisions of the Resolution which are transferred to the Revenue Fund or Interest Account. Gross Revenues shall not include (I) any Government Grants, (2) System Development Fees, and (3) Special Assessments, At the present time, the District has not designated any Special Assessments to be a part of Pledged Funds relating to the Prior District Bonds or the Refunding Bonds Generally, under Florida law, impact fees such as the System Development Fees may be validly imposed against new construction or development in order to fund capital improvements or capacity which are necessitated by such new construction or development to satisfy debt service for the bonds or other obligations issued for such purposes. Proceeds ofsuch System Development Fees may be used only for the capital improvements or capacity attributable to the new construction or development or to pay associated debt service. IMPACT FEE REVENUES SUCH AS THE SYSTEM DEVELOPMENT FEES FLUCTUATE WITH THE AMOUNT OF NEW CONSTRUCTION OR DEVELOPMENT WHICH OCCURS WITHIN THE DISTRICT. THEREFORE, THERE CAN BE NO ASSURANCES THAT SUCH REVENUE WILL NOT DECREASE OR BE ELIMINATED ALTOGETHER IN THE EVENT THAT NEW CONSTRUCTION, FOR WHATEVER REASON, MIGHT DECREASE OR CEASE ALTOGETHER WITHIN THE D1STRiCT 13 Pursuant to the Resolution, the District may issue Additional Bonds on a parity with the District Bonds at any time. The District ma), also create or permit to be created any charge or lien on the Pledged Funds ranking junior and subordinate to the charge or lien of the District Bonds. See "ADDITIONAL BONDS" herein and "APPENDIX A--Summary of Certain Provisions of the Resolution" attached hereto. THE REFUNDING BONDS SHALL NOT BE DEEMED TO CONSTITUTE A GENERAL OBLIGATION OR PLEDGE OF THE FAITH AND CREDIT OF THE DISTRICT, COLLIER COUNTY, THE STATE OF FLORIDA OR ANY POLITICAL SUBDIVISION OF THE STATE OF FLORIDA FOR THE PAYMENT OF THE REFUNDING BONDS. THE REFUNDING BONDS AND THE OBLIGATIONS EVIDENCED THEREBY DO NOT CONSTITUTE A LIEN UPON ANY PROPERTY OF THE DISTRICT, COLLIER COUNTY OR THE STATE OF FLORIDA, BUT SHALL CONSTITUTE A LIEN ONLY ON, AND PAYABLE SOLELY FROM, THE PLEDGED FUNDS. R~te Covenant The District covenants that in each Fiscal Year. it will fix. establish, and maintain such rates and collect such fees. rates, or other charges for the products, services and facilities of the System. and revise the same from time to time. whenever necessar3', as will always provide in each Fiscal Yeas. (A) Net Revenues. System Development Fees and Special Assessment Proceeds adequate at alt times to pay in each Fiscal Year at least one hundred twenty five percent (125%) of the Annual Debt Service on all outstanding District Bonds becoming due in such Fiscal Year. and (B) Net Revenues in each Fiscal Year adequate to pa3' at least one hundred percent (100%) of the Annual Debt Service on all outstanding District Bonds and any required deposits to the Reserve Account becoming due in such Fiscal Year. Such rates, fees. or other charges shall not be so reduced so as to be insufficient to provide adequate Net Revenues. System Development Fees and Special Assessment Proceeds for the purposes provided therefor by the Resolution Disposition of Revenues A The District h,%s covenanted to deposit all Gross Revenues into the Revenue Fund and all Special Assessment Proceeds into the Special Assessments Fund. Moneys in the Revenue Fund shall first be used each month to deposit in the Operation and Maintenance Fund such sums as are necessary to pay Operating Expenses for the ensuing month B. All moneys at any time on deposit in the Special Assessments Fund and any deposits remaining in the Revenue Fund after the aforementioned transferals to the Operation and Maintenance Fund shall be disposed of by the District, on or before the 25th day of each month, first from the Special Assessments Fund and then from the Revenue Fund as follows: first to the Interest Account, a sum equal to the interest accruing on all District Bonds for said month: second, to the Principal Account, a sum equal to the principal accruing on all District Bonds in said month; third, commencing in the month which is one year prior to the first Sinking Fund Installmem. to the Term Bonds Redemption Account a sum equal to the Sinking Fund Installment accruing in said month; fourth, to 14 the Reserve Account such sum, if any, as will be necessary to, within 24 months, restore the funds on deposit therein to an amount equal to the Reserve Account Requirement; fifth, to the Renewal and Replacement Fund such sums as shall be sufficient to pay one-twelfth (1/12) of five percent (5%) of the Gross Revenues derived from the System during the preceding Fiscal Year (or such other required amount as certified to by the Consulting Engineers) until the amount accumulated in such Fund is equal to the Renewal and Replacement Fund Requirement', sixth, such sums as may be necessary for the payment of any debt service on Subordinated Indebtedness in accordance with the proceedings authoriziag such Subordinated Indebtedness; seventh, to the Interest Account, the Principal Account and the Term Bonds Redemption Account, in that order, sufficient moneys such that the amounts on deposit therein shall equal, respectively, the interest, principal and Sinking Fund Installment next coming due on the District Bonds outstanding, except that no deposit need be made to the Principal Account or Term Bonds Redemption Account until a date one year preceding the due date of such principal amount or Sinking Fund Installment; and eighth, the balance of any Gross Revenues remaining in said Revenue Fund shall be deposited in the Surplus Fund and applied to the payment, on or prior to each principal and interest payment date for the District Bonds when the moneys in the Interest Account, the Principal Account and the Term Bonds Redemption Account shall be insufficient to pay the principal of and interest on the District Bonds coming due. Moneys not required to meet such a deficiency may be applied for any lav,~l purpose in connection with the System. C Income received from the investment and reinvestment of moneys on deposit in the Surplus Fund, the Renewal and Replacement Fund (to the extent such income and other amounts on deposit therein exceed the Renewal and Replacement Fund Requirement), and the Reserve Account (to the extent such income and other amounts on deposit therein exceed the Reserve Account Requirement) shall be transferred to the Revenue Fund and used in the same manner as the money on deposit therein See "APPENDIX A--Summer3' of Certain Provisions of the Resolution" attached hereto for a more complete description of the provisions of the Resolution providing for the disposition of revenues Reserve Account The Resolution provides for the establishment and maintenance of a Reserve Account in the Sinking Fund. There shall be on deposit in the Reserve Account, an amount sufficient to cause the amount on deposit in the Reserve Account to equal a sum equal to the lesser of(1) the Maximum Annual Debt Service on all outstanding District Bonds, or (2) 125% of the average annual debt service for all outstanding District Bonds (the "Reserve Account Requirement"). An amount of the funds on deposit in the Reserve Account for the benefit of the holders of the Refunded 1991 Bonds, the Refunded 1992 Bonds and Prior District Bonds equal to the Reserve Account Requirement shall be retained therein for the benefit of the Series 1998 Bondholders and the holders ofthe Prior District Bonds. Accordingly, upon the issuance of the Series 1998 Bonds, the balance in the Reserve Account will equal the Reserve Account Requirement of $ ., and upon the issuance of the Series 1999 Bonds. the balance in the Reserve Account will equal the Reserve Account Requirement of $ . In the event cfa deficiency in the Reserve Account, such deficiency shall be made up from 15 the first available Pledged Revenues after the payments required to be made to the Interest, Principal and Term Bonds Redemption Accounts; provided such deficiency must be made up within twenty four (24) months. Notwithstanding the foregoing, in lieu of the required deposits into the Reserve Account, the Dim'itt may -~,,,~' to he depoelted into the Reserve Account a surety bond or an insurance policy in an ~nount equ~l to the difference between the Reserve Account Requirement and the sums then on deposit in the Reserve Account, if any. Subordinated Indebtedness The District may, at any time or from time to time issue evidences of indebtedness payable in whole or in part out of Pledged Funds and which may be secured by a pledge of Pledged Funds subordinated in all respects to the pledge of the Pledged Funds created by the Resolution. The County and the District have approximately :523,374,002 of outstanding debt which is payable from a junior, inferior, and subordinate lien on the Net Revenues. Historically, the District has primarily paid such debt ~om special assessment proceeds which are not part of the Pledged Funds. A portion of such debt in the form of a loan from the Florida Department of Environmental Regulation in the principal amount of $26,278,931 (as of September 30, 1998, $22,769,002 of the $26,278,931 is outstanding) is, however, subject to acceleration in the case of an event of default under the agreement authorizing such loan. While any such acceleration might adversely affect the District's ability to meet the rate covenant applicable to the Refunding Bonds and might adversely affect the District's ability to pay the Refimding Bonds, the loan agreement ofthe District authorizing the loan contains a separate rate covenant to help ensure the availability of revenues for the payment of such obligations. Such loan agreement specifically provides that the District shall impose rates for the services of the District which will produce revenues pledged to such loan in an amount not less than 115% of debt service on ali bonded indebtedness of the District and not less than 125% of the annual payment under such loan agreement. ADDITIONAL BONDS The District may, fi.om time to time, issue Additional Bonds under the Resolution on a parity with the Series 1998 Bonds, the Series 1999 Bonds and the Prior District Bonds, subject to certain conditions set forth in the Resolution. Additional Bonds shall only be issued by the District for financing the cost of completion of a project, financing the cost of an additional project, or the completion thereof, or refunding any and all outstanding District Bonds or any subordinated indebtedness of the District. No Additional Bonds shall be issued unless: (I) Except in the case of Additional Bonds issued for the purpose of refunding outstanding District Bonds, the District shall certify that it is current in all deposits into the various funds and accounts established by the Resolution and that the District has complied with the covenants and agreements of the Resolution. 16 (2) An independent certdfied public accountant shall certify to the District that the amount of the NeI Revenues during the immediate preceding Fiscal Year or any twelve consecutive months selected by the District of the twenty-four months immediately preceding the issuance of said Additional Bonds, adjusted as provided in the Resolution, will (a) be equal to at least one hundred percent (100%) of'the Maximum Annual Debt Service of the outstanding District Bonds and the Additional Bonds then proposed to be issued, and (b) when added to the Special Assessment Proceeds and the System Development Fees, adjusted as herdnafier provided, received by the District during such 12-month period, be equal to at least one hundred twenty-five percent (125%) of the Maximum Annual Debt Service of the outstanding District Bonds and the Additional Bonds then proposed to be issued The Net Revenues, the System Development Fees and the Special Assessment Proceeds caloa~ed pursuant to the foregoing paragraphs may be adjusted by the independent certified public accountants upon the written advice of the Consulting Engineers, at the option of the District, as more fully set forth in the Resolution See "APPENDIX A - -Summary. of Certain Provisions of the Resolution" attached hereto In the event any Additional Bonds are issued for the purpose of refunding any District Bonds then outstanding, the conditions of paragraphs (l) and (2) above shall not apply, provided that the issuance of such Additional Bonds shall not result in an increase in the aggregate amount of principal of and interest on the outstanding District Bonds becoming due in the then current bond year and all subsequent bond years The conditions of said paragraphs (1) and (2) shall apply to Additional Bonds issued to refund Subordinated Indebtedness See "APPENDIX A--SummaD, of Certain Provisions of the Resolution--Additional Bonds" attached hereto for a more complete discussion o£the ability of the District to issue Additional Bonds and a discussion ofadjustments which may be made to the test described above. MUNICIPAL BOND INSURANCE The foUo~ing information under tNs heading has been furnished by (the "Insurer") for use in this Official Statement. ]To Come] THE INFORMATION RELATING TO THE INSURER CONTAINED ABOVE HAS BEEN FURNISHED BY THE INSURER. NO REPRESENTATION IS MADE BY THE DISTRICT OR ~ UNDERWRITERS AS TO TI--IE ACCURACY OR ADEQUACY OF SUCH INFORMATION OR THAT THERE HAS NOT BEEN ANY MATERIAL ADVERSE CHANGE IN SUCH INFORMATION SUBSEQUENT TO THE DATE OF SUCH INFORMATION. NEII'HER THE DISTRICT NOR THE UNDERWRITERS HAS MADE ANY INVESTIGATION INTO THE FINANCIAL CONDITION OF THE INSURER., AND NO REPRESENTATION IS MADE AS TO THE ABILITY OF THE INSURER TO MEET ITS OBLIGATIONS UNDER THE POLICY. 17 ESTIMATED SOURCI~S AND USES OF FUNDS The proceeds to be received fi.om the ~tle of the Series 1998 Bonds. including accrued interasl, are expected to be applied as follows: Principal Amount of Series 1998 Bonds .................... Plus Accrued Interest .................................. Plus Other Legally Available Moneys (1) ................... Less Original Issue Discount ............................ Total Sources .......................... USES: Deposit to Escrow Fund ................................ Deposit to Interest Account (2) ....................... Costs o£1ssuance (3) ................. Total Uses (1) (2) (3) Excess moneys on deposit in the Sinking Fund which are allocable to the Refunded 1992 Bonds. Consists of accrued interest. Includes costs of issuance incurred by the District. including, but not limited to, the premium for municipal bond insurance and underwriting discount [Remainder of page intentionally left blank] 18 t 8Elm The proceeds to be received from the sale of the Series 1999 Bonds, including accrued inte~ we expected to be applied ~s follows: Principal Amount of Series 1999 Bonds .................... Plus Accrued Interest .................................. Plus Other Legally Available Moneys (1) ................... Less Original Issue Discount ............................ Total Sources .............................. $ Deposit to Escrow Account .................. Deposit to Interest Account (2) .......................... Costs of Issuance (3) ...................... Total Uses (1) Excess moneys on deposit in the Sinking Fund which are allocable to the Refunded 1991 Bonds. (2) Consists of accrued interest. (3) Includes costs of issuance incurred by the District, including, but not limited to, the premium for municipal bond insurance and underwriting discount [Remainder of page intentionally lea blank] 19 I,, 8Elmm Year Ended July 1 1999 2OOO 2001 2002 2003 2OO4 2OO$ 20O6 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 COMBINED DEBT SERVICE SCHEDULE - - -Series 1998 Bonds - - - Principal Interest - - -Series 1999 Bonds - - - Principal Interest Prior Digrict Bonds $ $ :5 $ $ $ Combined Debt Service 2O 8E1 THE COUNTY General The Coun~ was established in 1923 by the Florida State Legislature from portions of Lee and Mora'oe Counties and its territorial limits, as they presently exist, contain approximately 1,994 square miles. In terms of land a~ea, it is the largest county in the State of Florida. The County is located on the southwest coast of the Florida peninsula directly west of the Miami-Fort Lauderdale area. In 1997, the County had a population of approximately 202,903. Principal industries within the County include tourism, ~riculture, forestry and fishing, rcta~l trades and construction. The City of Naples, the largest incorporated City in the County, is located in the we, tern portion of the County. The 1990 United States Census showed an increase in the population of Naples of 76.9% between the years 1980 and 1990, making it the fastest growing metropolitan area in the United States. During this same period, the County experienced an 8.2% growth rate. Additional general information with respect to the County is set forth in APPENDIX B attached hereto Board of County Commissioners The Board of County Commissioners (the "Board") is the principal legislative and governing body of the County. The Board consists of five County Commissioners; one from each of the five districts elected for terms of four years. All of the County Commissioners are residents of the Count),. The current members of the Board and their expiration of terms of office are: Commissioner Office Term Expires Barbara B. Berry John C. Norris Jim Carter Timothy J. Constantine Pamela S. Mac'Kie Chairman Vice Chairman Commissioner Commissioner Commissioner November 21, 2000 November 21, 2000 November 17, 2002 November 21, 2000 November 17, 2002 The County Administrator The chief administrative official of the County is the County Administrator. This official is directly responsible to the Board for administration and operation ofthe four administrative divisions under the Board and for execution of all Board policies. The County Administrator directs the administrative divisions for Environmental Services, Administrative Services, Community Development, Public Services, Emergency Services, Utilities and Transportation Services. The County Public Works Administrator, head of the Utilities Division of the County, reports directly to the County Administrator. The County Administrator is also responsible to the Board for the preparation of budgets for the control and expenditures of departments under his supervision throughout the budget year 21 Budget Process Thc Budget Director, as the County's Budget Officer, begins the budget proc, ess each February for the ensuing risc, al year (October I to September 30), with the distribution of budget request forms and instructions to departmems and division be~ds. County division heads and elected otYaeers submit their proposed expenditures beginning in April for compilation by the Budget Officer no later than July 1 of each year. Each submission is matched against available revenues, which c~dfied by the Budget Officer no later than August I. A balanced, proposed budget is presented to the Board for review within 1 $ days of receipt of an assessed value certification from the County's Property Appraiser which is duc by July 1. A tentative budget is thereupon adopted within 1 $ days. Subsequent to public hearings, a final budget is adopted. Final millage rates are adopted, usually by mid-September, and the County's Tax Collector prepares tax bills for mailing on or aRcr November 1. Upon valid adoption, all expenditures in the budget constitute appropriations, and amendments to the budget can be made only in accordance with the provisions of Chapter 129, Florida Statutes. Annual Audit }t Florida law require :hat an annual post audit of each county's accounts and records be completed witl'fin six months of the end o£each fiscal year by a firm of independent certified public accountants retained and paid for by the County. Auditors have conducted an annual post audit of the County's ac, counts and records for the fiscal year ended September 30, 1997. Copies of the audit report for fiscal year ended September 30, 1997 may be obtained from Dwight E. Brock, Clerk of thc Circuit Court of Collier County, Florida, 3301 E. Tamiami Trail, Building F, Naples, Florida 33962, Phone (941 ) 774-8404 THE DISTRICT Background In 1969, the citizens oi'the County adopted a referendum authorizing the Board to create thc District under Chapter 153, Part II, Florida Statutes, in order to plan, develop and operate public water and sewer facilities for existing and future development within the County. In 19'/8, the District was created put-rant to Chapter 78-489, Laws of Florida, as amended by Chapter gg-499, Laws of Florida (collectively, the 'Act"). The District is a body corporate and politic and a political subdivision of the State of Florida created and existing under the authority of and in full compliance with the Act for the purpose of providing water and sewer services and facilities to certain unincorporated areas of the County (the "System"). Se~ "THE SYSTEM" herein. The District covers approximately 200 square miles of unincorporated Collier County. The System is owned and operated by the District, the governing board of which is the Board. 22 ~owe~ The Di~ct has th~ pow~ to con.~mct, in.~ll, acquire amd to operate, improve, ~nlm'ge and reconstruct a wa~ ~d ~ver systern within the District and to have the ~¢lusive control ~d jurisdiction thereof, to isle its bonds to pay ~l or part of the cost of~ch improvements; to fix and colbert rates, f~s and other chm'ges to persons or property or both for the us~ ofth~ fanilki: and ~wic(~ provided; to lm~y special a~ssments for the payment of ~ble improvements; and to ~xluir~ by e~ninent domain such lands and rights thereon as it may deem necessary. Management The Collier County Public Works Division operates the public water and sewer facilities for the District. The Administrator ofthe Public Works Division reports to the County Administrator. The Division currently has 211 employees managing and operating the water and sewer utilities including adrnini~tior~ engineering, water operations and sewer operations. The sewer operations section consists of 108 staff people. The water operations section consists of 86 staff people. The Public Works Division also operates the public water and sewer facilities for the Marco Water and Sewer District and the Goodland Water District, which are completely separate and apart from the District. The following individuals comprise the senior management &the Public Works Division: Edllschner. Pubfic WorksAdmh#strator. Before joining the District in 1997, Mr. Ilschner served as the Assistant City Manager - Public Works and Utilities - for the City &Tyler, Texas from 1994 to his appointment as the Public Works Administrator for Collier County. From 1981 to 1994, Mr. Ilschner served as Director of Public Works for the City of Bryan College Station, Texas, and from 1979 to 1981, he taught Traffic Engineering and Traffic/Work Zone Safety while pursuing a Ma~ers Degree in Public Administration at Texas A&M University. He is a graduate of Texas A&M University with a Bachelor of Science Degree in Civil Engineering (BSCE) and a Masters Degree in Public Administration (IV[PA). Mr. llschner is a registered Professional Engineer in Texas. He is a member of the American Public Works Association and the International City/County Managers Association. EdwardN. Fhm. Director of Operations. Prior to joining the District in 1995, Mr. Finn was employed by the Collier County Board &County Commissioners as Senior Management and Budget Analyst. He is a graduate &the University &Massachusetts with a Bachelor of Science Degree in Business Administration. Mr. Finn is a member of the American Water Works Association and the Government Finance Officers Association. Billings and Collections In 1994, the County's Department &Revenue (DOR) assumed responsibility for billing and collecting the customer fees and charges levied in connection with the services provided by the District. Billings for water and sewer service are rendered monthly, are due when rendered and become delinquent 15 days thereafter. Service is discontinued if bills are not paid within 45 days. 23 Meters a~e read once a month. Billings are made on the basis of 35 staggered billing cycles per month. Hand held meter reading devices are now being utilized that have reduced the read-to-bill time from ten or twelve days down to three to five days. A lockbox and bank drafls have also increa.~d ed~ciency in proc_~-_~ng payments. Customer accounts are updated daily and deposits are made the same day of r<Hpt. Financial records of billings and receipts are maintained on a monthly basis. The El~partment of Revenue Director is Mr. John Yonkoslcy. Prior to assuming responsibility for the Revenue Department, Mr. Yonkosky was the Collier County Finance Direx:tor. Mr. Yonkosky is a Certified Public Accountant and is a member of the American Institute of Certified Public Accountants and the Government Finance Officers Association. Mr. Yonkosloy is the Chairman of the Florida Local Government Finance Commission. The Commission has issued in excess of $500 million in tax-exempt commercial paper for purposes of making loans to local governments since 1991 Financial Records The District maintains its financial records on a fiscal year basis ending September 30. APPENDIX C attached hereto includes the audited financial statements relating to the District for the fiscal year ending September 30,1997. APPENDIX D attached hereto includes the unaudited financial statements relating to the District for the fiscal year ending September 30,1998. See "FINANCIAL STATEMENTS" herein. THE SYSTEM The "System" is comprised of both water productio~ transmission, treatment and distribution facilities, and sewage collection, transmission, treatment and disposal facilities which are owned and operated by the District. The service area of the System is generally bounded on the north by the Lee County lines on the west by the GulfofMexJco and the corporate limits of the City of Naples, on the south by the Collier Seminole State Park, and on the east by County Road 951. The following table illustrates the historical growth of the System based on Equivalent Residential Connections ("ERC'S") and customer accounts as of each September 30~ Water No Water Sewer System System and Sewer Account Year ERC's(1) ERC's(1} Accounts (2) Growth 1991 21,395 27,863 19,061 1992 22,133 35,963 25,125 31.8% 1993 29,101 38,346 29,950 19.2% 1994 29,619 41,996 30,695 2.5% 1995 35,561 42,286 31,630 3.0% 24 1996 35,919 43,553 32,746 3.5% 1997 41,957 48,047 34,840 6.4% 1998 43,480 50,163 36,789 5.6% Source: (1) Collier County Public Works Division. An Equivalent Residential Connection ("ERC") is a rtandard level of aervice based on a typical single family home equivalency mhd is equal to 350 glad for water service and 280 glad for ~ver service. (2) Collier County Department of Revenue [Remainder of Page Intentionally Left Blank] 25 Existing Water System The District began production of potable water in 1983, with the Soulh County Regional Warn' Treatment Plant (SCRWTP) providing a design capacity of 4 million gallon~ per day (mgd). Since then, this facility has been expanded to provide 12 mgd of potable water. A second regional plant, the North County Regional Water Treatment Plant (NCRWTP), was completed in December 1993 with a design capacity of 12 mgd. These two plants obtain their raw water supply from the Golden Gate Well Yadd, which has a design capazity of 27 mgd. A raw water booster pump station and raw water transmission main axe used to deliver the raw water to the NCR~vI~' and the SCRWTP. The finished water from these plants is supplied to the regional distribution system with high sexvice pumps to meet the daily water requirements of the system. Four boo~ter pump stations and ground storage tanks axe located in the distribution system to maintain pre.ute and flow throuBhout. The SCRWTP was completed in August 1983 with a capacity of 4 mgd; now expanded to a current capacity of 12 mgd. The facility uses degasifiers, lime softening, recarbonation, and disinfection to treat the raw water. Five transfer pumps deliver finished water from the plant clearwell to a 2 million gallon 0riG) storage tank and a 6-MG storage tank. Six high service pumps deliver the finished water to the distribution system. Recent improvements to the facility include a chlorine scrubber system and a $1.4 million degasifier odor control system added to address public concern r,-!!fed to odor. The NCRWTP was completed in December 1993 with a design capacity of 12 mgd The facility is a membrane softening plant which uses uhrafiltration across permeable membranes to remove minerals. The process has an approximate 90 percent recovery rate. The process flow involves pretreatment of raw water with cartridge filters, chemical feed to lower the pH and stabilize scale forming constituents, membrane filtration, '&gasification, pH control and disinfection with chlorine and ammonia Finished water is placed in a 6-MO storage tank and delivered to the distribution system with high service pumps The high service pumps have a design capacity of 24 mgd to meet a hydraulic peak flow of twice the average design flow. The membrane softening filtration is accomplished using 6 filter trains with a design capacity of 2 mgd each at 90 percent efficiency. There are two deep injection wells with each having a design capacity of 6.3 mgd for disposal of concentrate. These wells are developed to a depth of 2,800 feet and discharges the concentrate to the Boulder Zone. These wells are also utilized for wet weather disposal of excess of North County Regional Wastewater NCRW 1 ~' reclaimed water. The NCRWTP was designed and constructed to provide for an 8 mgd expansion yielding a total plant capacity of 20 mgd This expansion is presently underway and is ~cheduled to be completed in March, 1999 The selected treatment process for the 8 mgd expansion is reverse osmosis ('R/O). The raw water will he supplied by 10 new wells, each with a capacity of I mgd. The wells will be located east of the NCRWTP along Vanderbilt Beach Road. The wells will be 700 to 800 feet deep and will withdraw water from the Lower Hawthorn (FIoridan) Aquifer. Water from 26 this zone is known to have a chloride level in the range of 2,000 milligrams per liter (rog/l). The tr~ plant expansion will be designed for chloride removal using RYO treatment and providing a recovery efficiency of 80 percent. The membrane softening process and R/O process water will likdy be blended to produce a composite finished water that m~s all current drinking water sumdards. A second 6 million gallon storage tank and a second injection well are b~ing constructed as part of the expansion The South Florida Waler Management Dislfict (SFWMD) Lower West Coast Water Supply Pta~ eacourages the use of the Lower Hawthorn (Floridan) Aquifer for public supply purposes. The Lower Hawthorne Aquifer is considered the preferred alternative for future large scale water supply devdopmem in western Collier Coumy. Large volumes of water are available from this source, it can be can be treated economically utilizin8 low pressure reverse osmosis membranes, and permitting water use from the aquifer is feasible under current and proposed regulations. In addition to supplying mw water for the NCRWTF expansion, the Lower Hawthorn Aquifer is planned to supply the planned 2003 SCRWTF 8 mgd reverse osmosis expansion project The present source of raw water is a well field Iocaled north of the Golden Gate Canal in the vicinity of 7's Street SW and 2''~ Street SE. The well field was established in 1983 with 5 wells providing a capacity of 5 mgd The well field has since been expanded to 27 wells with a total established capacity of 27 mgd, and is in the process of being expanded to 37 wells with a total established capacity of 37 mgd Raw water is supplied from wells ranging from 50 to 100 feet deep which withdraw water from the Lower Tamiami Aquifer. Water quality is good with varying hydrogen sulfide present, requiring degasification in the treatment process There is no indication of increasing chloride levels or any other contaminant at this well field The raw water booster pump station, located near the well field, uses four 300-horse power pumps to deliver water through a 30-inch diameter ductile iron raw water transmission main. This transmission main runs west along the north side of the Golden Gate Canal to County Road (CR) 951. At CR 951. a 30-inch main branches to the SCR%q'P, and a 36-inch main branches to the NCRWTP The raw water booster pump station has a supply capacity of 26.4 mgd The water distribution system consists ofvarious transmission and distribution mains, storage and pumping fac~ties The District currently owns and maintains approximately 563 miles of 4-inch through 48-inch transmission and distribution mains. Redundancy and flow loops have been provided in all three of the major service regions by running transmission mains along two or more main roadway corridors and interconnecting them at cross streets. Water is supplied to the distribution system by high service pumps at the two regional water treatment plants and at four regional booster pump sites. Ground storage tanks at the two treatment plant sites and at the booster pump sites provide system storage and reserve capacity to meet peak hourly demands in the distribution system. These booster pump systems and storage tanks are located at Isle of Capri, Manatee Road, Carica Road and Vanderbilt Drive. The Vanderbilt booster station is an in-line booster pump which operates as required to maintain system pressure in the 12- inch Vanderbilt Drive transmission main This station is used primarily for fire flows. The Cafica 27 Road booster station includes two 5 million gallon storage tanks and high service pumps to serve much of the North Naples distribution system. The Manatee Road storage and pump station includes a 2 million gallon storage tank and high service pumps to serve the South Naples region of the distribution system. The Isle of Capri storage and pump station includes a 0.25 million gallon storage tank and high service pumps to serve the Isles of Capri area. A major component of the SFWIvlD's water supply planning policy is the effort to diversify water supply sources and provide augmentation alternatives. The CCWSD Manatee road Aquifer Storage and Recovery system (ASR) is an example of an aJternative storage mechanism. ASR will allow for storage of excess mechanism, and will allow for storage of excess potable water during the wet ~-~on to provide 1.5 mgd to meet demands during the dry season. It will also allow the District to demonstrate and promote prudent management of water resources. The Manatee Road ASR is scheduled to be on line in Sanuar% 1999 Existing Sewer System The District's sewer system is divided into a North Wastewater Service Area and a South Wastewater Service Area The District currently operates and maintains three wastewater treatment facilities, along with certain associated collection and transmission, and effluent disposal systems. All plants meet permit requirements of the State of Florida Approximately 503 master pump stations and pump stations ate used to pump raw sewage to the wastewater treatment plans. After treatment, the wastewater is then delivered to vatious area golf courses for use as a means of irrigation. The effluent is stored in on-site ponds or ground storage ponds located at the golfcourses This system is operated from the treatment plants with a specific allocation of effluent based on irrigatable acreage The District's Wastewater Department has entered into a Consent Order with the State of Florida Department of Environmental Protection CFDEP') (OGC Case No. 95-0437). The Consent Order requires the construction of certain effluent disposal systems to ensure full compliance with all applicable FDEP rules and regulations To date the District has completed construction ofadditional effluent storage facilities, a deep injection well at the South County Regional Waste Water Treatment Plant and an effluent interconnect from the North County Regional Waste Water Treatment Plant to the deep injection wells located at the North County Regional Waste Water Treatment Plant. Staff is presently in the final stages of closing this matter, and does not anticipate the incurrence of any additional material liabilities relating to compliance with such Consent Order. North Count). Service Area. The North Service Area covers approximately 78 square miles. This area is bounded on the north by the Collier/Lee County line, on the south by Golden Gate Parkway, on the ea~ by the Urban Planning Boundary, and on the west by the City of Naples Service area and the Gulf of Mexico Future land use within this service area consists primarily of urban residential and estates residential. The area is served by the County-owned North County Regional Wastewater Treatment Facility (NCRWW 11-). located off Goodlette Frank Road, just south of Immokalee Road (CR-846) and the Pelican Bay Waste Water Treatment Plant in Pelican Bay (Pelican Bay WWTP) 28 The NCRWWTF has a design capacity of 8.5 mgd. This plant provides advanced secondary treatment through the activated sludge process. Current annual average daily flows at this facility are approximately 6.0 mgd. The primary source of effluent disposal is through irrigation ofseveral area golf courses, a community park and nearby residential community with any excess effluent going to the on-site percolation ponds and/or to the deep injection wells located at the NCRWTP. Lime stabilized sludge is currently disposed of at the County landfill. The NCRWWTF was originally constructed in 1982 as a contact stabilization package plant. Numerous additions and expansion have been implemented since including the recent expansion from 4.5 mgd to 8.5 mgd completed in 1995. The facility presently has a design capacity of 8.5 mgd. In general, advanced secondary treatment at the plant is accomplished using the conventional activated sludge process, clarification, fiJtration and chlorination. The solids handling system consists of sludge thickening, lime stabilization and pasteurization to meet Class AA criteria for marketing and distribution. The sludge is presently disposed of at the county landfill Pelican Bay is a planned development included in the Notch Service Area which utilizes its own treatment facility. This facility is presently activated as required to meet peak seasonal demands. The Pelican Bay WWTP has a capacity of 1.0 mgd and uses an oxidation ditch process. Any additional flow beyond 1.0 mgd are diverted to the NCRWWTF. Current annual average flows to the Pelican Bay WWTP are approximately 0.20 mgd. The planned expansion of the NCRWWTF will allow the Pelican Bay WWTP to be permanently taken off line See "THE SYSTEM - - Capital Improvement Plan" herein The County-owned collection system consists of approximately 260 miles of gravity sewers and force mains, 2`17 lift stations and pump stations. Service is provided to approximately 30 square mi]es of the service area Service connections total approximately 17~000 which serves 76 percent of the service area population and 39 percent ofthe tota~ land area South Count)' Service ,4rea The South Service Area covers approximately 58 square miles and is served by the SCRWWTF. The South Service Area is bounded on the north by Golden Gate Parkway, on the 5outh by environmentally sensitive lands, on the east by the Urban Planning Boundary and on the west by the City of Naples Services Area and environmentally sensitive lands. Future land use within this service area consists primarily of urban residential and areas of environmental concern. The area is served by the county-owned SCRWWTF, located just east of U.S. ,11 and south of Rattlesnake Hammock Road (CR-g6`1) The SCRWWTF has a design capacity ofS.0 mgd. This plant provides advanced secondary treatment through an extended aeration process. Current annual average daily flows at this facility are approximately 5.6 mgd. The primary source of effluent disposal is through irrigation of area golf courses with excess effluent diverted to the off-site percolation ponds and/or an on site deep injection well. Dewatered sludge is currently hauled to the county landfill for disposal. The SCR~rWTF was originally constructed in 1971 with a capacity of 0.2 mgd. The plant capacity was expanded to 05 mgd in 1977 and to 1.0 mgd in 1982 In 1985, the capacity was again 29 BE1 increased to 1.5 mgd. In January 1991, construction of the existing 8 mgd advanc~l secondary treatment facility was completed. In 1998, SCRWWTF underwent substantial improvement to address public concern related to odor and noise. These improvements included construction of a new headwords facility with odor control, construction of a new aeration basin and blower building, and conversion of the existing aeralion basin to an effluent storage tank. The SCRWWTF is designed to accommodate a future expansion to 16 mgd. In general, advanced secondary treatment at the plant is accomplished using the activated sludge process, clarification, filtration and chlorination. The solids handling system consists of sludge dewatering and hauling of the dewatered sludge to the county landfill. The county-owned collection system consists of approximately 300 miles of gravity mains and force mains and 256 IL~ stations and pump stations. Service is provided to approximately 28 square miles ofthe service area Service connections total approximately 16,500 which serves 65 percent of the service area population and 44 percent ofthe total land area Water Rates and Charges Water user fees are based upon metered water consumption The current rate structures, which was updated in September 1997, includes a sexvice availability and a volumetric or commodity charge for both water and sewer services The water rate structure incorporates an inverted block rate mechanism in the volumetric charge. As water use increases, the cost per thousand gallons increases, with the concept being to encourage conservation. Due to water supply problems in the South Florida area, the South Florida Water Management District has required conservation techniques to be employed, including conservation rate structures such as the one implemented by the District. A summary of the current water rates, as approved by the Collier Count), Board of County Commissioners in Ordinance No 97-4.8. which amended Ordinance No 91-80. are as follows: Water Rates (effective October 1. 1997} Momhlv User Fee Service Availability Charge Individually Metered and Irrigation 5/8 and 3/4 inch $12.00 I inch 24.00 I 1/4 inch 36.00 I 1/2 inch 44.00 2 inch 69.00 3 inch 134.00 · l inch 207.00 6 inch 411.00 8 inch 737.00 Multi-family (masler metered) First dwelling unit First dwelling umt Each additional dwelling unit S12.00 8,20 30 8 E1 Volume Charge Per 1,000 Gallon.s: P, tsid~ntial and Multi-family: I - 10,000 gallons 10,GO0 - 20.000 gallons Alxv,'e 20.000 gallons SI.45 1.82 2.25 Non-r~,i&:ntial: Fire block $1.45 in e.xc~___t of firsl block 2.05 h~ig~io~ ( s~:~u-a~ly All ut, age $2.05 Non-mskL-ntial Firsl Bloctc Usage Thr~hold: Gallons 5/8 and 3/4 inch 10,000 inch 25.000 IAI inch 40.000 1/2 inch 50.0~ inch 80,000 inch 160.000 inch 250,000 inch 500.000 inch 9OO.0OO Sewer Rates and Charges A summary of the sewer rates, as approved by the Collier County Board of County Commissioners in Ordinance No. 97-48, which amended Ordinance No. 91-80, are as follows: Sewer Rates (effective October 1. 19971 Monthly User F¢¢ Service Av~ilabiliv,.. Charge: Indi~.4dsmlly Metered Residential and Non-residential: 5/8 and 3/4 inch S17.00 I inch 35.00 I I/4 inch 53.00 I 1/2 inch 65,00 2 inch 101.00 3 inch 197.00 4 inch 305.00 6 inch 606.00 8 inch 1,087.00 Multi-family (rms~er melered) Fire dwelling unit Each ~tditional dwelling uni! Volume Charge Per 1.000 Gallons Residential and Multi-family Maximum 31 $17.00 12.00 $1.96 Billing 'r~t~hold: (per individual unit) Reuse Irrigation Rates and Charges 8El, 10,000 gallons A ~aTam~y of the reuse irrigation r~tes, as approved by the Collier County Board of County Commissioners in Ordinance No. 97-48, which ameaded Ordinance No. 91-80, are as follows: ]~ase In'intion Rata (effective October 1. 1997) ~ Awil~ility Charge: IMivid~lly Metertxl R~idential and Non-t~itle~flal: 5/8 ~md 3/4 inch I inch I 1/2 inch 2 inch 3 inch 4 inch Volmne Charge Per 1.000 Gallons: Full Service Reuse Master Metered Bulk service Reuse $4.35 ~ month 10.90 I:~ month 21.75 per month 43.50 pet month 87.00 per month 174.00 ~ month $0.13 0.13 [Remainder of page intentionally left blank] 32 COMPARISON OF CHARGES FOR MONTHLY UTILITY SERVICES WITH VARIOUS OTHER UTILITIES (I) (Ba~ed on u~age of 7,ooo Gallons) W~¢r Sewer Fee Combined Fee Collier County $24.85 $33.52 $58.37 SSU-Marco Shores 40.09 60.68 100.77 Charlotte County 47.90 47.45 95.35 SSU-Deep Creek 42.63 47.19 89.72 Florida Cities 39.79 44.91 84.70 Saozota County 31.65 48.97 80.62 City of North Port 29. l l 50.44 79.55 St. Lucie County 33.89 39.43 73.32 sgu-Marco Island 36.29 3253 68.82 Hillsborough County 2 ] .32 47.06 68.38 SSU-Lehigh (Lee County) 25.83 38.61 64.44 City of Venice 29,21 31.94 61.15 Lee County 23.86 36.79 60.65 Englewood Water District 23.20 37.23 60.43 City ofPunta Gorda 24 82 29.17 53.99 City of Cape Coral 2040 33.10 53.50 City of Fort Myers . 21.36 30.03 51.39 Orange Tree 22.72 27.78 50.50 City of Clearwater 18.04 22.04 40,08 Manatee County 1194 26.84 38.78 City of Bradenton 17.57 16.70 34.27 City of Naples 10.25 21 71 31.96 Source: Collier County. Florida Water. Sewer. & Reuse Utility Rate Study, March 1997, prepared by John A Mayer Associates (1) Charges reflect standard residential and commercial rates in effect during March, 1996. The usage rate of 7,000 gallons per month reflects the median usage of water by the Districts' customers. System Development Fees System Development Fees (generally referred to as impact fees) are intended to recover from new users of the System a portion of the costs associated with the expansion of the Water and Sewer Systems (treatment and transmission facilities). Impact fees are assessed on the basis of the customees meter size or, for some residential applications, a fee based on living area ~quare footage. These fees are paid for each new connection at the time the building permit is issued. The current System Development Fees (imposed pursuant to Ordinance No. 98-69) are as follows: 33 '8E1 Sy~em Development Fees (Effective O~ol~r 1, 1998) L~tINC ~lS OF FEE MEYE~ ERC WATER SPACE ALLOCATION $1~ IMPA~ IMPACT i/NGLg I~AMILY 0 ~o 4,999 PER UNIT 3/4" ~ ~ILY ~ ~,~ ~ PER ~ FL DEM~D O~CE ~ ~ ~ O~CE M~ ~E MULTI-FAMILY 751 to I.~O0 PER ~ Sq Ft. PER L?,'Tr ORDINANCE MO~H~ ~O~ 1.0 S1,275.00 S1.575.00 NON-i~SiDE. NTIAL: WAT£R METER SIZE WATER SE'~'ER or CCWSD EQUIVALENT IMPACT LM PACT METER SIZE FEE FEE 1.27500 S 1.575.00 6.375.00 $ 7.87500 I0.20~ O0 $ 12.600.00 20.~00 O0 S 25.200.00 31,875,00 S 39,375.00 63.7~0.00 S ?g.375.00 Annual System Development Fee revenues vax based upon growth. Under Florida law, impact fees, such as the System Development Fees, may only be expended to cove- the costs of expansion of the system necessary to service new customers. See "SECLrRITY FOR THE REFUNDING BONDS-General" herein for more information relating to System Development Fees. Pursuant to Count' ordinance, System Development Fees may be financed over a seven year period for existing structures required to connect the system at an interest rate promulgated by the District's Board. The current interest rate is 5.47%. The property owner is required to pay monthly installments as a pan of his water and sewer bill. 34 Comprehensive Plan In 1985, the Florida Legislature enacted the Local Government Comprehensive Planning and Land Development Regulation Act (the "Planning Act"). The Planning Act required all local govemmems to develop comprehensive plan~ designed to plan for and control the impact of growth. As applied to the County, the local plan includes the following elements: (1) future land use; (2) u~u~portation; (3) utilities; (4) economic development; (5) housing; (6) historic preservation; (7) conservation; (8) recreation and open space; (9) intergovernmental coordination; and (10) capital improvements. All local plans must be fundable, implementable and consistent with state and regional plans. They must discuss existing facilities, adopt levels of service to be provided and project future demands. The plans have the force of law (mandated by state statute and adopted by local ordinance), and are implemented through local development regulations, local activities and programs and intergovernmental agreements. The County adopted its current Comprehensive Plan (the "Plan") on January 10, 1989, and the Plan became effective as of that date. The Plan was approved by the Department of Community Affairs of the State of Florida. The Comprehensive Plan is updated and amended annually through the Comprehensive Plan Amendment Process. The Plan provides that the County is prohibited from issuing permits for new construction or development, residential or commercial, until the County determines that all necessary infrastructure including utilities are available at the appropriate levels of service concurrent with the construction and the County determines that the development of facilities is consistent with all elements of the Plan. Consequently, the County is required to more accurately project future needs and related capital improvements to ensure maintenance of standards set forth in the Plan. The County is permftted to amend the Plan twice a year after conducting a public hearing and subject to approval by the Department of Community Affairs. The System is and will continue to be in compliance with the adopted levels of service in the Comprehensive Plan. Therefore, the County does not anticipate that future development will be impeded. Capital Improvement Plan The District's five-year Capital Improvement Plan updated in 1998 calls for the acquisition and construction ofapproximately $75.8 million of growth related improvements to the System. The District intends to incur a $13 million State Revolving Fund Loan for the 1999 North County Regional Wastewater Treatment Facility (NCRWW rl-) 5 mgd expansion in Fiscal Year 1998-1999. In addition, the District intends to issue approximately $25 million of Additional Bonds in 2001 to finance the South County Regional Water Treatment Plant (SCRWTP) 7 mgd RJO expansion in Fiscal Year 2000-2001 Grow'th related improvements not fimded which proceeds of such Loan or 35 Additional Bonds will be funded through Revenues, System Development Fees or other legally available funds of the District [Remainder of page intentionally left blank] 36 HISTORICAL REVENUES, EXPENSES AND DEBT SERVICE COVERAGE .I The following table shows historical revenues, expenses and debt service coverage of the District for the fiscal years ended September 30, 1993 through 1997 (audited) and 1998 (unaudited). 1993 1994 1995 1996 1997 1998 (audited1 Caudited) (audited) (audited) ~ ~ Ogerating Revenues: Water Revenue $13,514,703 $14,833,006 $16,630,157 $17.329,063 $19,879,254 $17,636,091 Sew~' Rev.en,,,,. 10,989,796 12.103.770 14,022,824 14,961,044 16,498.128 20,072,617 M~'ter Tatting Charge 320.215 373,675 449.014 400,155 489,375 514,425 Miscellaneous Rewnue (2) 183,372 314,227 ~13,558 22~,324 605.116 768,592 Total Operating R~-venue $25,008,086 $27,624,678 $31,315.553 $32,915,586 $37.471,873 $38,991,725 Noa.,C~ting Revenue (3) 3,725,825 4.296.976 5.024.289 4.407.822 4.071.636 4.796.866 Gross R~nu¢ 528.733.911 $31.921,654 $36.339,842 $37.323.408 $41.543.509 $43.788.591 ix:ss: Operation and Maintenance Expense (excluding DepreOation) $12,558,817 $14,450,652 $16.333.833 $16,876,851 $18.086.138 $18.806.220 Net Revenue Available for Debt Senice ~ ~ $20.006.009 ~ $23_457_371 ~24.982.371 Tolal Debt Sen'ice $IIA48.435 $11.156.979 $11.156.978 $10.511.145 $10.062.461 $10.417.920 Net R~'¢nu¢ Debl Sen'ice Coverage 14 I% 156% 179% 1953; 233% 239% Pledged Funds: Sy~lem De~'elopment Fe~ (4) $7.854,569 $9.604.536 $7.615.513 $ 7.186,023 $11.518.183 $11,638.601 51a:dal A~sessment R~enues -o. -o- -o- -o- -0- -0- Total Pledged Funds Axailable for Ddn Senice (4) $24~029 66~ $27.~075 53~8 $27~621 52~2 527.6~32 SS~O ~ ~ Pledged Funds Debt Sevdce Coverage (4) 209% 242% 247% 262% 347% 351% 37 ! 7' TAX EXEMPTION Opinion of Bond Counsel In the opinion of Bond Counsel, the forms of which are attached hereto as APPENDIX E-I and APPENDIX E-2, the interest on the Refimding Bonds is excludable from gross income and is not a specific item of tax preference for federal income tax purposes under existing statutes, regulations, rulings and court decisions. However, interest on the Refunding Bonds is taken into account in determining adjusted current earnings for purposes of computing the alternative minimum tax imposed on corporations pumaant to the Internal Revenue Code of 1986, as amended (the 'Code'). Failure by the District to comply, subsequent to the issuance of the Refunding Bonds, with certain requirements of the Code regarding the use, expenditure and investment of Refunding Bond proceeds and the timely payment of certain investment earnings to the Treasury of the United States may cause interest on the Refunding Bonds to become includable in gross income for federal income tax purposes retroactive to their date of issue. The District has covenanted in the Resolution to comply with all provisions of the Code necessary to, among other things, maintain the exclusion from gross income of interest on the Refunding Bonds for purposes of federal income taxation. In rendering this opinion, Bond Counsel has assumed continuing compliance with such covenants Internal Revenue Code of 1986 The Code contains a number of provisions that apply to the Refunding Bonds, including, among other things, restrictions relating to the use ofinvestmem of the proceeds of the Refunding Bonds and the payment of certain arbitrage earnings in excess of the '*yield" on the Refunding Bonds to the Trea.vary of the United States. Noncompliance with such provisions may result in interest on the Refunding Bonds being included in gross income for federal income tax purposes retroactive to their date ofissue. Collateral Tax Consequences Except as described above, Bond Counsel will express no opinion regarding the federal income tax consequences resulting from the ownership of, receipt or accrual of interest on, or disposition of, the Refunding Bonds. Prospective purchasers of the Refunding Bonds should be aware that the ownership of the Refunding Bonds may result in other collateral federal tax consequences. For example, ownership of the Refunding Bonds may result in collateral federal tax consequences to various types of corporations relating to ( 1 ) denial of interest deduction to purchase or carry such Refunding Bonds, (2) the branch profits tax, and (3) the inclusion ofinterest on the Refunding Bonds in passive income for certain Subchapter S corporations. In addition, the interest on the Refunding Bonds may be included in gross income by recipients of certain Social Security and Railroad Retirement benefits. PURCHASE, OWNERSHIP, SALE OR DISPOSITION OF THE REFUNDING BONDS AND THE RECEI?T OR ACCRUAL OF THE INTEREST THEREON MAY HAVE ADVERSE FEDERAL TAX CONSEQUENCES FOR CERTAIN INDIVIDUAL OR CORPORATE 38 BONDHOLDEKS, INCLUDING, BUT NOT LIMITED TO, THE CONSEQUENCES DESCRIBED ABOVE. PROSPECTIVE REFUNDING BONDHOLDERS SHOULD CONSULT WITH THEIr. TAX SPECIALISTS FOR INFORMATION IN THAT REGARD. Florida Taxes In the opinion of Bond Counsel, the Refunding Bonds and the income thereon are exempt from all present intangible pe~onal property taxes imposed pursuam to Chapter 199, Florida Statutes. Other T~x Matters Interest on the Refunding Bonds may be subject to state or local income taxation under applicable state or local laws in other jurisdictions. Purchasers of the Refunding Bonds should consult their own tax advisors as to the income tax status of interest on the Refunding Bonds in their particular state or local jurisdictions. During recent years, legislative proposals have been introduced in Congress, and in some cases enacted, that altered certain federal tax consequences resulting from the ownership of obligations that are similar to the Refunding Bonds. In some cases, these proposals have contained provisions that altered these tax consequences on a retroactive basis. Such alteration of federal tax consequences may have affected the market value of obligations similar to the Refunding Bonds. From time to time, legislative proposals are pending which could have an effect on both the federal tax consequences resulting from ownership of the Refunding Bonds and their market value. No assurance can be given that additional legislative proposals will not be introduced or enacted that would or might apply to, or have an adverse effect upon. the Refunding Bonds. Tax Treatment of Original Issue Discount Bond Counsel is further of the opinion that the difference between the principal amount of the Refunding Bonds maturing through. , inclusive and on (collectively the "Discount Bonds") and the initial offering price to the public (excluding bond houses, brokers or similar persons or organizations acting in the capacity of under-writers or wholesalers) at which price a substantial amount ofsuch Discount Bonds of the same maturity was sold constitutes original issue discount which is excluded from gross income for federal income tax purposes to the ~ extent as interest on the Refunding Bonds. Further, such original issue discount accrues LetUarially on a constant interest rate basis over the term ofeach Discount Bond and the basis ofeach Discount Bond acquired at such initial offering price by an initial purchaser thereof will be incr~ by the amount of such accrued original issue discount. The accrual of original issue discount may be taken into *_ccc, unt as an increase in the amount of tax-exempt income for purposes of determining various other tax conse~ences o£owning the Discount Bonds, even though there will not be a corresponding cash payment. Owners of the Discount Bonds are advised that they should consult with their own advisors with respect to the state and local tax consequences of owning such Discount Bonds. 39 LITIGATION There is no pending or, to the knowledge of the District, any threatened litigation against the County or the District of any nature whatsoever which in any way questions or affects the validity of the Refunding Bonds, or any proceedings or transactions relating to their issuance, sale, execution, or delivery, or the adoption of the Resolution. Neither the creation, organization or existence, nor the title of the present members of the governing boards of either the County or the District, or other oi~cers of the County or the District is being contested. The County and the District experience claims, litigation, and various legal proceedings which indivlchm!ly are not expe~ed to h~ve a material adverse effect on the operations or fir,,,ncial condition of either, but may, in the aggregate, have a material impact thereon. In the opinion of both the County Attorney and Attorney to the District, however, the County and the District will either successfully defend such actions or otherwise resolve such matters without any material adverse consequences on the financial condition of the Count)'. the District or the System LEGAL MATTERS Certain legal matters in connection with the authorization, issuance, sale, execution, and delivery of the Refunding Bonds are subject to the approval ofNabors, Giblin & Nickerson, P.A, Tampa, Florida. Bond Counsel. the form of whose approving opinion is attached hereto as APPENDIX D. Certain legal matters will be passed upon for the District bv David C. Weigel, Esq., Attorney to the District Certain legal matters will be passed upon for the Underwriters by their Counsel. Bryant. Miller and Olive. P.A. Tampa, Florida Bond Counsel has not been engaged to, nor has it undertaken to, review (1) the accuracy, completeness or sufficiency of this Official Statement or any other ofl'ering material relating to the Refunding Bonds; provided, however, that Bond Counsel shall render an opinion to the Underwriters of the Refunding Bonds (upon which only the Underwriters may rely) relating to the fairness ofthe presentation of certain statements contained herein under the heading "TAX EXEMPTION" and certain statements wh/ch summarize provisions of the Resolution, the Refunding Bonds, the Act, and the Constitution of the State of Florida and federal tax law, and (2) the compliance with any federal or state law with regard to the sale or distribution of the Refunding Bonds. FINANCIAL STATEMENTS The financial statements of the Water and Sewer Districts of Collier County, which include the District, the Marco Water and Sewer Distfi~, and the Goodland Water District, for the fiscal year ended September 30, 1997. appended hereto as APPENDIX C. have been audited by independent auditors. Such audited financial statements of the District, including the auditor's report thereon, have been included in this Official Statement as public documents and the consent of the auditors was not requested. The auditors have not performed any services relating thereto, and are therefore not 40 associated with the issuance of the Refunding Bonds. In addition, the unaudited financial statements of the Water and Sewer Districts of Collier County, which include the District, the Marco Water and Sewer District, and the Goodland Water District, for the fiscal year ended September 30, 1998, have been appended hereto as APPENDIX D. The Refunding Bonds are solely obligations of the District and no revenues or assets of the Marco Water and Sewer District or the Goodland Water District reflected in such financial statements may be used to pay the principal of or interest on the Refunding Bonds. YEAR 2000 COMPLIANCE The Year 2000 issue is a multi-faceted business challenge for the County stemming from the County's pervasive reliance on computer-related technologies. As the Year 2000 approaches, computer systems worldwide will undergo a date transition that may cause major problems, interruptions and errors if corrective measures are not taken The problem will arise in software programs which use two-digit date codes (e.g., "00" rather than "2000"). In those instances, these codes will recognize the Year 2000 as the year 1900, causing many functions to malfunction or fail, or causing the production of inaccurate information The County and the District have been progressively preparing for the new millennium. Approximately three years ago, a Project 2000 Task Force was created. This Task Force was made up of representatives fi.om the various agencies of the County including the District. The Task Force was charged with creating a strategic plan to address the Year 2000 issues and to ensure business continuity throughout the system. The plan included an assessment of the affected systems and recommendations on replacement or remediation of those systems. In addition, the Task Force identi~ed those vendors upon which the County is reliant upon data and they were placed on notice of their own need to ensure Year 2000 compliance. To date, the core business processes, such as payroll, accounts payable, revenue, purchasing, budgeting, cash management, and financial management have been addressed and have been modified for Year 2000 compliance. The moc~cagons are in the final phases oftesting and are expected to be in production prior to the end of calendar year 1998. The modifications along with the testing is being done with in-house staffat no additional cost. The County has received correspondence from the State of Florida addressing their plan to ensure Year 2000 compliance. In addition, plans from financial institutions and other business relations of the County have been received. It is anticipated that the County will be fully Year 2000 compliant prior to March, 1999, which is the kickoff for the Fiscal Year 2000 budget As described under the heading "BOOK-ENTRY ONLY SYSTEM," DTC will act as securities depository for the Refunding Bonds. DTC management is aware that some computer applications, systems, and the like for processing data ("Computer Systems") that are dependent upon calendar dates, including dates before, on, and at, er January I, 2000, may encounter year 2000 41 problems. DTC has informed its Participants and other members of the financial community (the "Industry") that it believes that it has developed and is implementing a program so that its Computer Systems, a.s the same relate to the timely payment of distributlons (including principal and income payments) to security holders, book-entry deliveries, and settlement of trades withing DTC, will continue to fi.mc'don appropriately. This program includes a technical assessment, a remediation plan, and a tea'ting phase, all of which. DTC believes, are expected to be completed within appropriate time frames. However, DTC believes that its abifity to perform properly its services is also dependent upon other parties, including but not limited to issuers and their agents, as well third party vendors from whom DTC licenses software and hardware and third party vendors on whom DTC relies for information or the provisions of services, including telecommunication and electrical utility service providers, among others. DTC is in the process of contacting third party vendors fi.om whom DTC acquires services to deterrrfine the ex'lent of their efforts for year 2000 remediation and testing of their services. In addition, DTC believes that it will engage in such contingency planning as it may deem appropriate DTC has informed the Industg, that the foregoing information has been provided by DTC to the Industry for informational purposes only and is not intended to serve as a representation, warranty, or contract modification of any kind The Paying Agent/Escrow Agent has implemented a Corporate Year 2000 Project Team which has been meeting on a monthly basis since November, 1996 The project scope includes platforms, operating systems and facilities as well as customer and vendor interfaces, In February, 1997, the Project Team began analyzing and correcting computer hardware platforms and software programs, and they continue to review pre-printed forms, checks and other documents, and evaluate phone systems, elevators, ATM's, automatic door locks, of~ce equipment, and any other processes which require a computer ch~p or are date sensitive. The Paying Agent/Escrow Agent is also testing and implementing system modifications for both interrmlly developed and vendor supplied. To ensure success, the Paying Agent/Escrow Agent has built a separate certification test environment, and has been using this environment since May, 1998 to test all of its applications enabling the ability to roll into the year 1999 without impact Currently, the Paying Agent/Escrow Agent has completed applications that account for over 75 percent of all our lines of codes, and plans to have 90 percent of all applications corrected and implemented by September 30, 1998. Beginning in October, 1998 and through most of 1999, the Paying Agent/Escrow Agent intends to run multiple compliance tests to a~irm that all applications interface properly under date-simulated conditions. To reduce the risk that the Paying Agent/Escrow Agent will become non-compliant, it is using clean management practices to maintain a fially compliant systems environment Since late 1996, the Paying Agent/Escrow Agent has been working with its business partners to be sure no interruptions of service will occur as a result of the century change The Paying Agent/Escrow Agent is also monitoring efforts of its outside vendors/suppliers and customers, and implemented this process by sending out surveys to our hardware and software vendors/suppliers, who were asked to provide detailed information regarding their plans to achieve Year 2000 compliance. For additional information, the Paying Agent/Escrow Agent has a toll-free telephone number (I-$g8-Y2K-FUNB) 42 and a Year 2000 web page (www.firstunlon.com/library/y2k/) [Insert Y,ar 2000 compliance language r*~ Insurer] Although the County and the District are currently on schedule to meet ail objectives for Year 2000 compliance, there can be no assurance that compliance will be achieved in a timely manner. The District cannot, and does not, provide any assurance that significant commerciai customers of the System, the Insurer, the Paying Agent, the Escrow Agent, DTC, the State, or any other third parties making payments to or on behalf of the Distr{ct axe effectively dealing with Year 2000 issues as the Year 20b0 approaches, which could have materially adverse effects on the financial condition or operations of the County or the District, or the timely payment of principai and/or interest on the Refunding Bonds. Furthermore, even if significant commerciai customers of the System, the Paying Agent, the Escrow Agent, DTC, and the Insurer successfully address their respective Year 2000 issues on a timely basis, there can be no assurance that any third party with which such entities electronically interact will be Year 2000 compliant in a timely manner. At this time, the County and the District cannot determine the potential magnitude of the impact of Year 2000 noncompliance by any of the parties described above including themselves. DISCLOSURE REQUIRED BY FLORIDA BLUE SKY REGULATIONS Section 517.051, Florida Statutes, and the regulations promulgated thereunder (the "Disclosure Act") require that the District make full and fair disclosures ofany bonds or other debt obligations that it has issued or guaranteed and that are or have been in default as to principal or interest at any time after December 31, 1975 (including bonds or other debt obligations for which it has served only as a conduit issuer such as industrial development or private activity bonds issued on behalf of private businesses). The District is not, and since December 31, 1975 has not been, in default as to principal of and interest on any of its bonds or other debt obligations. ENFORCEABILITY OF REMEDIES The remedies available to the holders of the Refunding Bonds upon a monetary or covenant default under the Resolution are in many respects based upon judicial actions which are often subject to discretion and delay Under existing constitutional and statutory law and judiciai decisions, including specifically Title 11 of the United States Code, the remedies specified by the Federal bankruptcy code, the Resolution and the Refunding Bonds may not be readily available or may be limited. The various legal opinions to be delivered concurrently with the delivery of the Refunding Bonds (including Bond Counsel's approving opinion) will be qualified as to the enforceability of the various legal inatmments, by limitations imposed by general principles of equity, bankruptcy, reorganization, insolvency or other similar laws affecting the rights of creditors enacted before or aider such delivery 43 8 E1 o.4 RATINGS Moody's Investors Service, Inc. and Standard & Poor's Ratings Services have assigned ratings of "Aaa" and "AAA," respectively, to the Seri~s 1998 Bonds, with the understanding that, upon delivery &the Series 1998 Bonds, the 1998 Policy will be issued by the Insurer. Moody's Investors Service, Inc. and Standard & Poor's Ratings Services have assigned ratings of "Aaa" and "AAA," respectively, to the Series 1999 Bonds, with the understanding that, upon delivery of the Series 1999 Bonds, the 1999 Policy will be issued by the Insurer. Such ratings reflect only the views of s~ch organizations and any desired explanation of the significance of such ratings should be obtained from the rating agency furnishing the same, at the following addresses: Moody's Investors Service, Inc., 99 Church Street, New York, New York 10007; and Standard & Poor's l~tings Services, 25 Broadway, New York, New York 10004. Generally, a rating agency bases its rating on the information and materials furnished to it and on investigations, studies and assumptions of its own. There is no assurance such ratings will continue for any given period of time or that such ratings will not be revised downward or withdrawn entirely by the rating agencies, if in the judgment of such rating agencies, circumstances so warrant. Any such downward revision or withdrawal of such ratings may have an adverse effect on the market price &the Series 1998 Bonds and/or the Series 1999 Bonds. FINANCIAL ADVISOR William R. Hough & Co., Naples, Horida, is serving as Financial Advisor to the District with respect to the sale of the Refunding Bonds, and will not engage in any underwriting activities with regard to the issuance and sale of the Refunding Bonds. VERIFICATION OF MATHEMATICAL COMPUTATIONS The arithmetical accuracy of the mathematical computations supporting (i) the adequacy of the maturing principal amounts of and interest accrued on the Refunding Securities together with cash, if any, deposited in the 1992 Escrow Account with First Union National Bank, as Escrow Agent, to pay when due, the principal, redemption premium, and interest on the Refunded 1992 Bonds to be defeased as described herein, and (ii) computation of"yietd" on the Refunding Bonds and the Refunding Securities on deposit in the 1992 Escrow Fund, used by Bond Counsel to support the opinion that interest on the Series 1998 Bonds is excluded from gross income for federal income tax purposes, has been verified by , independent certified public accountants, as a condition of the delivery &the Series 1998 Bonds. The arithmetical accuracy of the mathematical computations supporting the adequacy &the maturing principal amounts &and interest accrued on the Refunding Securities together with cash, if any, deposited in the 1991 Escrow Account with First Union National Bank, as Escrow Agent, to pay when due, the principal, redemption premium, if applicable, and interest on the Refunded 1991 Bonds to be defeas~ as described herein, used by Bond Counsel to support the opinion that interest 44 on the Series 1999 Bonds is excluded from gross income for federal income tax purposes, has been verified by , independent certified public accountants, as a condition of the delivery of the Series 1999 Bonds UNDERWRITING The Series 1998 Bonds are being purchased by Raymond James & Associates, Inc. and Salomon Smith Barney Inc. (collectively, the "Underwriters"), at an aggregate purchase price of $ (which includes original issue discount of $ and Underwriters' discount ors ) plus accrued interest, subject to certain terms and conditions set forth in a Fonvard Deliveo' Bond Purchase Contract between the District and the Underwriters, including the approval of certain legal matters by Bond Counsel and the existence of no material adverse change in the condition of the District from that set forth in this Official Statement. The Series 1998 Bonds may be offered and sold to certain dealers at prices lower than such offering prices and such public offering prices may be changed from time to time by the Underwriters. The Series 1999 Bonds are being purchased by Raymond James & Associates, Inc. and Salomon Smith Barney Inc. (collectively, the "Underwriters"), at an aggregate purchase price of $ (which includes original issue discount of $ and Underwriters' discount of $ ) plus accrued interest, sulSject to certain terms and conditions set forth in a Bond Purchase Contract between the District and the Underwriters. including the approval of certain legal matters by Bond Counsel and the existence of no material adverse change in the condition of the Distria fi.om that set forth in this Official Statement. The Series 1999 Bonds may be offered and sold to certain dealers at prices lower than such offering prices and such public offering prices may be changed from time to time by the Underwriters. CONTINGENT FEES The District has retained Bond Counsel. the Financial Advisor, the Underwriters (who in turn retained Underwriters' Counsel), the Paying Agent and Bond Registrar, the Escrow Agent and the Verificalion Agent, with respect to the authorization, sale, execution and delivery of the Refunding Bonds. Payment of the fees of such professionals are each contingent upon the issuance of the Refunding Bonds INVESTMENT POLICY The moneys held in the funds and accounts under the Resolution may only be invested in Authorized Investments (as defined in the Resolution). The investment of surplus funds of the District are currently governed by the provisions of the County's Ordinance No. 87-65 and Resolution No. 95-552 which authorize investments for surplus public funds in the permitted investments described in Section 218.415, Florida Statutes. 45 Pursuant to Resolution No. 95-552, the Clerk of the Circuit Court (the "Clerk") has established a written investment policy for the such surplus funds. The investment policy establishes guidelines as to the type, maturity, composition and risk relating to the District's investment portfolio. Authorized investments pursuant to such investment policy include *.he following: 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. Florida Local Government Surplus Trust Fund (State Board of Administration ("SBA")); US Government Securities - Direct Obligations; US Federal Agencies - Backed by Full Faith and Credit of US Government; US Federal Instrumentalities - US Federal Agency Securities Not Backed by Full Faith and Credit of US Government, except for Student Loan Marketing Association; Certificates of Deposit - Collateralized with US Government Securities or Federal Agencies; Repurchase Agreements; Fixed Income Mutual Funds - Collateralized with US Government Securities or Federal Agencies; Domestic Bankers Acceptances - Rated "AA" or higher, and inventory based; Prime Commercial Paper - Rated "A-1" and "P-l," and backed by a letter of'credit rated "AA" or higher; Tax-Exempt Obligations - Rated "AA" or higher and issued by state or local governments; Now Account - Fully collateralized in accordance with Chapter 280, Florida Statutes (limited to Depository Ban'k/Concentration Bank); Variable Rate Seoafities only if the rate is a straight floating rate that is set in a direct, as opposed to inverse, relationship to a single index; and Mortgage Securities (CMOs) only if they are: a. Issued by US Federal Agencies or US Federal Instrumentalities, b. Pass the Federal Financial Investment Examination Council (FFIEC) test at time of purchase, and c. Have an average life of five (5) years or less and have an ~bsolute final maturity of no more than fit~een (15) years at zero PSA. The term 'zero PSA" means that all interest and principal payments are guarameed to be made by the stated final maturity assuming no prepayments. Specifically prohibited investments include the following: Interest only strips of mortgaged backed securities; Leveraged bonds; Structured notes or finandngs other than mortgage securities that meet the provisions of the investment policy (permit callable and step up coupons); Variable rate securities that set a rate based on an inverse relationship to an index; and Variable rate debt that sets a rate based on more than a single index. 46 The County purchased certain long term derivative type investments during the period berwe~ 1993 and the early part of 1994. This sector of the of the portfolio has an average life that exceeds the parameters specifed in the current invesuramt policy; provided however, that the average life of the current investment securities were grandfathered in order to preclude liquidation prior to maurity at a loss. The current market value of these instruments exceeds $23 million with an average life in excess of 20 years. To compensate for the lack of liquidity caused by this portion of the portfolio, current purchases are limited to short term instruments with an active market. Consequently, the averse life of the entire portfolio was 2.2 years as of September 30, 1998 which is well within the parameters of the County's investment policy. In addition, the County is aggressively monitoring the market for collaterallzed mortgage obligations in order to capture opportunities to liquidate any individual instruments that can be sold without sustaining a loss. Atthough the County is permitted to do so and may do so in the future, the County does not currently intend to liquidate such long term investments prior to the earlier of(i) maturity or final pay down (in which ease no loss will ever be realized from owning such securities), or (ii) when the market value approximates the original cost ofsuch securities The County currently has the ability to hold on to these securities as it has sufficient liquidity to satisS,.' its current requirements. The Clerk of the Circuit Court initiated legal action against two brokerage houses that sold the Count), the questionable instruments along with the County's twice removed erternal auditors. All of these complaints were settled in favor of the Clerk The objective of the investment policy is to match investment cash flow and maturity with known cash needs and anticipated cash flow requirements (ie, match assets to liabilities) to the ex-tent possible Investment of funds shall have final maturities of not more than five (5) years, except for: 1 2. 3. 4 6. SBA - no stated final maturity; Certificates of Deposit - I Year; Repurchase Agreements - 90 Days; Bankers Acceptances - 120 Days; Prime Commercial Paper - 120 Days; Fixed Income Mutual Funds - no stated final maturity. However, underlying US Government Securities and Federal Agencies have average maturity of 1 year; Mortgage Securities - average life of 5 years or less and have an absolute final maturity of no more than 15 years at zero PSA; and US Government Securities and Federal Agencies deposited into an escrow account in connection with the refunding ora County or District bond issue can have a final maturity of more than 5 years. Mortgage securities shall not be used to match liabilities that are reasonably definable as to amount and disbursement date. Mortgage securities can only be used to invest funds associated with reserves or liabilities that are not associated with a specifically identified cash flow schedule. Mortgage securities can be used to prudently enhance the return on the portfolio. 47 Any and all exceptions to the investment policy require a vote of the majority of Board. Furthermore, the Board may revise the aforementioned investment policy from time to time. CONTINUING DISCLOSURE The District has covenanted for the benefit of the Refunding Bondholders to provide certain financial information and operating rl.t. ~ to the District and the Refunding Bonds in each year, and to provide notices of the occurrence of certain enumerated material events, The District has agreed to file annual financial information and operating ri.f. and the audited financial ~atements with each naZionaily recognized munk~pal securities infonmtion repository theo approved by the Securities and Exchange Commission (the "NRMSIRs"), as well as any state information depository that is es~blished in the State (the "SID"). Currently, there are no such SIDs. The District has agreed to ~de notices of'material events, when and i£they occur, with the NRMSFRs or the Municipal Securities Rulemaking Board, and with the SIDs, ifany. The specific nature of the financial information, operating data, and of the type of events which trigger a disclosure obligation, and other details of' the undertaking are described in "APPENDIX G-]--Form of Continuing Disclosure Certificate relating to Series 1998 Bonds" and "APPENDIX G-2-- Form of Continuing Disclosure Certificate relating to Series 1999 Bonds" attached hereto. The relevant Continuing Disclosure Certificate shall be executed by the District prior to the issuance of the Series 1998 Bonds and the Series 1999 Bonds, respectively. These covenants have been made in order to assist the Underwriters in complying with the continuing disclosure requirements of Rule 15c2-12 promulgated by the Securities and Exchange Commission (the "Rule"). With respect to the Series 1998 Bonds and the Series 1999 Bonds, no party other than the District is obligated to provide, nor is expected to provide, any continuing disclosure information with respect to the Rule Neither the County nor the District has failed to comply with any prior agreements to provide continuing disclosure information pursuant to the Rule. AUTHORIZATION OF AND CERTIFICATION CONCERNING OFFICIAL STATEMENT The delivery ofthis Official Statement has been duly authorized by the District, At the time of delivery of the Series 1998 Bonds and again at the time of the Series 1999 Bonds, the Chairman of the District will furnish a certificate to the effect that he or she has no knowledge or reason to believe that the information in this Official Statement (other than information provided by DTC or the Insurer), as of its da~e and as of the date of delivery of the Series 1998 Bonds or the Series 1999 Bonds, whichever is applicable, makes any untrue statement ora material fact or omits to state a material fact necessary in order to make the statements made herein, in light of the clrcums~ances under which they are made, not misleading. 48 RElml MISCELLANEOUS The references, excerpts and summaries of all documents referred to herein do not purport to be complete statements of thc provisions of svch documents and reference is directed to all svch documents for full and complete statements of all matters of f'act relating to the Refunding Bonds, the security for, and the sources for repayment for the Refunding Bonds, and the rights and obligations of the holders thereof. Copies of such documents may be obtained from Dwight E. Brock, Clerk of the Ckcuit Court of Collier County, Florida, 3301 E. Tamiami Trail, Naples, Florida 3411:2, (941) 774-8404. [Remainder of page intentionally let blank] 8E1 TI~ information comained in this Official Statement has been compiled from ot~¢ial and other sources deemed to be reliable, and is beli~ed to be correct as of the date of the Official Statement, but is not guaranteed as to accuracy or completeness by, and is not to be construed as a representation by, the Underwriters. BOARD OF COUNTY COMMISSIONERS OF COI.I JFK COUNTY, FLOP. IDA, ACTING AS THE EX OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT By: Chairman 5O APPENDIX A SUMMARY OF CERTAIN PROVISIONS OF THE RESOLUTION COLLIER COUNTY, FLORIDA COMPARATIVE RATIOS OF BONDED DEBT TO TOTAL TAXABLE VALUATION AND PER CAPITA INDEBTEDNESS Estimated 1997 Population Total Taxable Valuation 1997 Direr General Obligation Debt a) As a Percent of Taxable Valuation b) Per Capita Direct and Overlapping General Obligation Debt a) As a percent of Taxable Valuation b) Per Capita Direct Non-Self Supporting Revenue and Direct General Obligation Debt a) As a percent of Taxable Valuation b) Per Capita Direct and Overlapping General Obligation and Non-Self Supporting Revenue Debt a) As a percent of Taxable Valuation b) Per Capita 202,903 $23,436,330,545 $3,680,000 0.0157% $18.14 $3,680,000 0.0157% $18.14 $183,611,744 0.7834% $904.92 $343,726,744 1.4666% $1,694.04 [Remainder of page intentionally left blank] B-II 1997. The following table contains the property tax rates for the tax years 1988 through (l) (2) COLLIER COUNTY, FLORIDA PROPERTY TAX RATES - ALL DIRECT AND OVERLAPPING GOVERNMENTS(1) (1988-1997 (Unaudited) COLLIER COUNTY QTI-IER Year Fun~ Fund ~ Fund 1~ 3.3070 0.7~28 OAS7: 1.~ ~.2070 g.02~ 1.7~31 14.9~1 Basis for propen3' tax rates is 1 mill per $1,000 ofassessed value. Property is assessed as of Jazmary I and taxes based on those assessments are levied according to the tax rate in effect that tax year and become due on November I. Therefore, assessments and tax levies applicable to a certain tax year are collected in the fiscal year ending during the following calendar year. Beginning w~th fiscal year 1995 the millage rates for capital projects are included in the General Fund millage rate. Source: Collier County Comprehensive Annual Financial Report for Fiscal Year ending September 30, 1997. APPENDIX C WATER-SEWER DISTRICTS OF COLLIER COUNTY AUDITED FINANCIAL STATEMENTS FOR FISCAL YEAR ENDED SEPTEMBER 30, 1997 APPENDIX D WATER-SEWER DISTRICTS OF COLLIER COUNTY UNAUDITED FINANCIAL STATEMENTS FOR FISCAL YEAR ENDED SEPTEMBER 30, 1998 APPENDIX E- I FORM OF BOND COUNSEL OPINION RELATI'NG TO SERIES 1998 BONDS APPENDIX E-2 FORM OF BOND COUNSEL OPINION RELATING TO SEKIES 1999 BONDS APPENDIX F- 1 FORM OF CONTINUING DISCLOSLrRE CERTIFICATE RELATING TO SERIES 1998 BONDS APPENDIX F-2 FORM OF CONTINUING DISCLOSURE CERTIFICATE RELATING TO SEKIES 1999 BONDS APPENDIX G SPECI2VlEN BOND INSURANCE POLICY FOR SERIES 1998 BONDS AND FOR SERIES 1999 BONDS · a. PPEIVDD( H FOP/Vi OF DELAYED DELFVERY CONTRACT RELATING TO s.ERIEs 1999 BONDS EXHIBIT D FORM OF SERIES 1991 ESCROW DEPOSIT AGREEMENT ESCROW DEPOSIT AGREEMENT ESCROW DEPOSIT AGREEMENT, dated as of April 1, 1999, by and between the COLLIER COUNTY WATER-SEWER DISTRICT (the "District"), and [^] FIRST UNION NATIONAL BANK, (the "Escrow Agent"), a national banking association organized and existing under the laws of the United States of America, having its designated corporate trust office in [^] ~,~0~F.,~, as escrow agent hereunder. WHEREAS, the District has heretofore issued its Collier County Water-Sewer Disu'ict Water and Sewer Revenue Bonds, Series 1991 (the "Series 1991 Bonds")pursuant to Resolution No. CWS-85-5 adopted on July 30, 1985, as amended and restated by Resolution No. CWS-85-13 adopted on December 26, 1985, as amended and supplemented (collectively, the "Resolution"); and WHEREAS, the Dismct has determined to exercise its option under the Resolution to refund all of the outstanding Series 1991 Bonds (the "Refunded Bonds"); and WHEREAS, the District has determined to issue its S Collier Count.',' Water-Sewer Dismct Water and Sewer Refunding Revenue Bonds, Series 1999 (the "Series 1999 Bonds") pursuant to the Resolution, a portion of the proceeds of which Series 1999 Bonds will be used to purchase certain United States Treasury obligations in order to provide payment for the Refunded Bonds and discharge and satisfy the pledges, liens and other obligations of the District under the Resolution in regard to such Refunded Bonds; and WHEREAS, the issuance of the Series 1999 Bonds. the purchase by the Escrow Agent of the hereinafter defined Escrow Securities. the deposit of such Escrow Securities into an escrow deposit trust fund to be held by the Escrow Agent. the discharge and satisfaction of the pledges, liens and other obligations of the District under the Resolution in regard to the Refunded Bonds shall occur as a simultaneous transaction; and WHEREAS, this Agreement is intended to effectuate such simultaneous transaction; NOV*', THEREFORE, in consideration of the foregoing and of the mutual covenants hereinafter set forth, the parties hereto agree as follows: SECTION 1. PREAMBLES. The District represents that the recitals stated above are true and correct, and the same are incorporated herein. SECTION2. RECEIPT OF RESOLUTION AND VERIFICATION REPORT. Receipt of a true and correct copy of the above-mentioned Resolution and this Agreement is hereby acknowledged by the Escrow Agent. The applicable and necessary provisions of the Resolution, including, without limitation, Section 9.01 thereof, are incorporated herein by reference. The Escrow Agent also acknowledges receipt of the vet. ficafion report of , a finn of independent public accountants, dated , (the "Verification Report"). Reference herein to or citation herein of any provisions of the Resolution or the Verification Report shall be deemed to incorporate the same as a pan hereof in the same manner and with the same effect as if the same were fully set forth herein. SECTION 3. DISCHARGE OF PLEDGE OF HOLDERS OF REFUNDED BONDS. In accordance with Section 9.01 of the Resolution, the Dish-itt by this writ/ng exercises its option to have the pledge of the Pledged Funds (as defined in the Resolution) and all covenants, agreements and other obligations of the District to the holders of the Refunded Bonds under the Resolution to cease, terminate and become void and be discharged and satisfied. SECTION 4. ESTABLISHMENT OF ESCROW FUND. There is hereby created and established with the Escrow Agent a special, segregated and irrevocable escrow deposit trust fund designated the "Collier County Water-Sewer District Water and Sewer Revenue Bonds, Series 1991 Escrow Deposit Trust Fund" (the "Escrow Fund"). The Escrow Fund shall be held in the custody of the Escrow Agent as a trust fund for the benefit of the holders of the Refunded Bonds, separate and apart from other funds and accounts of the District and the Escrow Agent. The Escrow Agent hereby accepts the Escrow Fund and acknowledges the receipt of and deposit to the credit of the Escrow Fund the sum of $ received fi.om the District from proceeds of the Series 1999 Bonds (thc "Bond Proceeds") and the sum of $ received from the District from certain moneys on deposit in the Sinking Fund established for the holders of the Refunded Bonds (the "District Moneys"). SECTION 5. DEPOSIT OF MONEYS AND SECURITIES IN ESCROW FUND. The Escrow Agent represents and acknowledges that, concurrently with the deposit of the Bond Proceeds and the Disu'ict Moneys under Section 4 above, it has used all of the Bond Proceeds and $ of the District Moneys to purchase on behalf of and for the account of the District certain ]United States Treasury obligations] (collectively, together with any other securities which may be on deposit, from time to time, in the Escrow Fund, the "Escrow Securities"), which are described in Schedule A hereto, and the Escrow Agent will deposit such Escrow Securities and $ of the Dis~ct Moneys (the "Cash Deposit") in the Escrow Fund. All Escrow Securities shall be noncallable, direct obligations 2 of the United States of.America for which the full faith and credit of the United States ha5 been pledged. In the event any of the Escrow Securities described in Schedule A hereto are not available for delivery on , 1999, the Escrow Agent may, upon the whtten direction of Bond Counsel, upon which the Escrow Agent shall conclusively rely, substitute other United States Treasury obligations and shall credit such other obligations to the appropriate Escrow Fund and hold such obligations until the aforementioned Escrow Securities have been delivered. Bond Counsel may, as a condition precedent to giving its direction, requite the Disthct to provide it with a revised Verification Report in regard to the adequacy of the Escrow Securities and the Cash Deposit, taking into account the substituted obligations to pay the Refunded Bonds in accordance with the terms hereof. The Escrow Agent shall in no manner be responsible or liable for failure or delay of Bond Counsel or the District to promptly approve the substitutions of other United States Treasury obligations for the Escrow Fund. SECTION 6. SUFFICIENCY OF ESCROW SECURITIES. In reliance upon the Verification Report, the District represents that the interest on and the principal amounts successively maturing on the Escrow Securities in accordance with their terms (v,-ithout consideration of any reinvestment of such maturing principal and interest), together with the Cash Deposit, are sufficient such that moneys will be available to the Escrow Agent in am.ounts sufficient and at the times required to pay the amounts of principal of, redemption prenuum, if any, and interest due and to become due on the Refunded Bonds as described in Schedule B attached hereto. If the Escrow Securities and Cash Deposit shall be insufficient to make such redemption pa)anents, the District shall timely deposit to the Escrow Fund, solely fi.om legally available funds of the District, such additional amounts as rna), be required to pa,',' the Refunded Bonds as described in Schedule B hereto. Notice of any insufficiency shall be given by the Escrow Agent to the District as promptly as possible, but the Escrow Agent shall in no manner be responsible for the District's failure to make such deposits. SECTION 7. ESCROW SECURITIES IN TRUST FOR HOLDERS OF REFUNDED BONDS. The deposit of the Escrow Securities and Cash Deposit in the Escrow Fund shall constitute an irrevocable deposit of Refunding Securities (as defined in the Resolution) and cash in trust solely for the payrnent of the principal of, redemption premium, ii'any, and interest on the Refunded Bonds at such times and in such amounts as set forth in Schedule B hereto, and the principal of and interest earnings on the Escrow Sectmties and the Cash Deposit shall be used solely for such purpose. 8E1 SECTION 8. ESCROW AGENT TO PAY REFUNDED BONDS FROM ESCROW FUND. The District hereby directs, and the Escrow Agent hereby agrees, that it will take all actions required to be taken by it under the provisions of the Resolution referenced in this Agreement, including the timely transfer of money to the Paying Agent for the Refunded Bonds [^](First Union N~lignal Bank/as provided in the Resolution, in order to effectuate this Agreement and to pay the Refunded Bonds in the amounts and at the times provided in Schedule B hereto. The Escrow Securities and Cash Deposit shall be used to pay the principal of, redemption premium, if any, and interest on the Refunded Bonds as the same may mature or be redeemed. If any payment date shall be a day on which either the holders of the Refunded Bonds or the Escrow Agent is not open for the acceptance or delivery of funds, then the Escrow Agent may make payment on the next business day. The liability of the Escrow Agent for the payment of the principal of, redemption premium, if any, and interest on the Refunded Bonds pursuant to this Agreement shall be limited to the application of the Escrow Securities and the interest earnings thereon, together with the Cash Deposit, available for such purposes in the Escrow Fund. SECTION 9. REINVESTMENT OF MONEYS AND SECURITIES IN ESCROW FUND. Moneys deposited in the Escrow Fund shall be invested only in the Escrow Securities listed in Schedule A hereto and, except as prov/ded in Section 5 hereof and this Section 9, neither the District nor the Escrow Agent shall otherwise invest or reinvest any moneys in the Escrow Fund, Except as pro~.4ded in Section 5 hereof and in this Section 9, the Escrow Agent may not sell or otherwise dispose of any or all of the Escrow Securities in the Escrow Fund and reinvest the proceeds thereof in other securities nor may it substitute securities for any of the Escrow Securities, except upon wvinen direction of the District and where, prior to any such reinvestment or subs~tution, the Escrow Agent has received from the Disn'ict the following: (a) a v,-rinen verification report by an independent certified public accountant or firm of independent certified public accountants, of recognized standing, appointed by the District, to the effect that after such reinvestment or substitution the principal amount of the Escrow Securities, together with the interest thereon and the Cash Deposit, will be sufficient to pay the Refunded Bonds as described in Schedule B hereto (such verification shall not be necessary in the event the District shall determine to reinvest cash in Escrow Securities which mature on or before the next principal mad/or interest payment date for the Refunded Bonds); and (b) a written opimon of nationally recognized Bond Counsel (as defined in the Resolution) to the effect that (i) such investment will not cause the Refunded 4 Bonds or the Series 1999 Bonds to be "arbitrage bonds" within the meaning of Section 148 of the Internal Revenue Code, as amended, and the regulations promulgated thereunder or otherwise cause the interest on such Refunded Bonds or Series 1999 Bonds to be included as gross income for purposes of federal income taxation, and (ii) such investment does not violate an3, provision of Florida law or of the Resolution. The above-described verification report need not be provided in the event the District purchases Escrow Securities with the proceeds of maturing Escrow Securities, and such purchased Escrow Securities mature on or before the next interest payment date for the applicable Refunded Bonds. All Escrow Securities into which moneys are reinvested pursuant to the terms of this Section 9 shall be direct, noncallable obligations of the United States of America for which the full faith and credit of the United States has been pledged. In the event the above-referenced verification concludes that there are surplus moneys in the Escrow Fund, such surplus moneys shall be released to the District upon the wrinen cLh'ection of the Chairman, the Clerk, or such other County official authorized by resolution to provide such direction. The Escrow Fund shall continue in effect until the date upon which the Escrow Agent makes the final payment to the holders of the Refunded Bonds in an amount sufficient to pa)' the Refunded Bonds, as described in Schedule B hereto, whereupon the Escrow Agent shall sell or redeem an)' Escrow Securities remaining in the Escrow Fund and shall remit to the District the proceeds thereof, together with all other money, if any, then remaining in the Escrow Fund. SECTION 10. REDEMPTION OF REFUNDED BONDS. The District hereby irrevocably instructs the Escrow Agent to cause the Registrar for the Refunded Bonds [^!(First Union National Bank) to give, on behalf of the Issuer, at the appropriate times the notice or notices, if any, required by the Resolution in connection with the redemption of the Refunded Bonds. The Refunded Bonds shall be redeemed on July 1, [^] 1999 at a redemption price equal to 102% of the principal amount thereof, plus accrued interest. [SECTION 11. DEFEASANCE NOTICE TO HOLDERS OF REFUNDED BONDS. Concurrently with the deposit of the Escrow Securities set forth in Section 5 hereof, the Refunded Bonds shall be deemed to have been paid within the meaning and with the effect expressed in Section 9.01 of the Resolution. Within 60 days of the deposit of moneys into the Escrow Fund the Escrow Agent, on behalf of the District, shall cause the Regismar for the Refunded Bonds [^](First Union National Bank) to be mailed lo the holders of the Refunded Bonds the notice in the form provided in Schedule C anached hereto.] SECTION 12. ESCROW FUND IRREVOCABLE. The Escrow Fund hereby created shall be irrevocable and the holders of the Refunded Bonds shall have an express lien on the Cash Deposit and all Escrow Sectwifies deposited in the Escrow Fund pursuant to the terms hereof and the interest earnings thereon until paid out, used and applied in accordance with this Agreement and the Resolution. Neither the District nor the Escrow Agent shall cause nor permit any other lien or interest whatsoever to be imposed upon the Escrow Fund. SECTION 13. AMENDMENTS TO AGREEMENT. This Agreement is made for the benefit of the District and the holders from time to time of the Refunded Bonds and it shall not be repealed, revoked, altered or amended without the written consent of all such holders and the v, xinen consent of the Escrow Agent; provided, however, that the District and the Escrow Agent may, without the consent of, or notice to, such holders, enter into such agreements supplemental to this Agreement as shall not adversely affect the fights of such holders and as shall not be inconsistent with the terms and provisions of this Agreement, for any one or more of the following purposes: (a) to cure any ambiguity or formal defect or omission in this Agreement; (b) to grant, or confer upon, the Escrow Agent for the benefit of the holders of the Refunded Bonds, any additional rights, remedies, powers or authority that ma), lawfully be granted to, or conferred upon, such holders or the Escrow Agent; and (c) to subject to this Agreement additional funds, securities or properties. The Escrow Agent shall be entitled to rely exclusively upon an unqualified opinion of nationally recogmzed Bond Counsel with respect to compliance with this Section 13, including the extent, if any, to which any change, modification or addition affects the rights of the holders of the Refunded Bonds, or that any instrument executed hereunder complies with the conditions and provisions of this Section 13. SECTION 14. FEES AND EXPENSES OF ESCROW AGENT; INDEMNIFICATION; LIABILITY. In consideration of the services rendered by the Escrow Agent under tiffs Agreement, the District agrees to and shall pay to the Escrow Agent the fees and expenses as shall be agreed to in writing by the parties hereto. The Escrow Agent shall have no hen whatsoever upon any of the Escrow Securities or the Cash Deposit in said Escrow Fund for the payment of such proper fees and expenses. The District further agrees to indemnify and save the Escrow Agent harmless, to the extent allowed by law, zgainst any liabilities which it may incur in the exercise and performance of its powers and 6 duties hereunder, and which are not due to its negligence or misconduct. Indemnification provided under this Section 14 shall survive the termination of this Agreement. Whenever the Escrow Agent shall deem it necessary or desirable that a matter be proved or established prior to taking, suffering or omitting any action under this Agreement, such matter may be deemed to be conclusively established by a certificate signed by an authorized officer of the District. The Escrow Agent may conclusively rely, as to the correctness of statements, conclusions and opinions therein, upon any certificate, report, opinion or other document fum/shed to the Escrow Agent pursuant to any provision of this Agreement', the Escrow Agent shall be protected and shall not be liable for acting or proceeding, in good faith, upon such reliance; and the Escrow Agent shall be under no duty to make any investigation or inquiry as to any statements contained or matters referred to in any such instrument. The Escrow Agent may consult with counsel, who may be counsel to the Di.sa'ict or independent counsel, with regard to legal questions, and the opinion of such counsel shall be full and complete authorization and protection in respect of any action taken or suffered by it hereunder in good faith in accordance herewith. Prior to retaining such independent counsel, the Escrow Agent shall notify the District of its intention. The Escrow Agent shall not be liable in connection with the performance of its duties hereunder except for its own negligence or misconduct. The Escrow Agent shall not be liable for any loss or any resulting taxability of interest on the Refunded Bonds or Series 1999 Bonds resulting fi.om any investment made pursuant to the terms and provisions of this Agreement. The Escrow Agent shall not be liable for the accuracy of the calculations as to the sufficiency ofmon~'s and of the principal amount of the Escrow Securities and the earnings thereon, to pay the Refunded Bonds. SECTION 15. REPORTING REQUIREMENTS OF ESCROW AGENT. As soon as practicable after July I, 1999, the Escrow Agent shall fox~'ard in v,~iting to the County a statement m detail of the acfi~4ty of the Escrow Fund since the date hereof. SECTION 16. RESIGNATION OR REMOVAL OF ESCROW AGENT. The Escrow Agent, at the time acting hereunder, may at any time resign and be discharged fi'om the duties and obligations hereby created by giving not less than 20 days' written notice to the District and mailing notice thereof, specifying the date when such resignation will take effect to the holders of the Refunded Bonds, but no such resignation shall take effect unless a successor Escrow Agent shall have been appointed by the holders of the Refunded Bonds or by the Dis~'ict as hereinafter provided and such successor Escrow Agent shall have accepted such appoinunent, in which event such resignation shall take effect immediately upon the appointment and acceptance ora successor Escrow Agent. 7 The Escrow Agent may be replaced at any time by an insla'ument or concurrent instruments in wring, delivered to the Escrow Agent at least 20 days prior to the scheduled replacement date, and signed by either the District or the holders of the Refunded Bonds. Such insn'ument shall provide for the appoinmaent of a successor Escrow Agent, which appointment shall occur simultaneously with the removal of the Escrow Agent. In the event the Escrow Agent hereunder shall resign or be removed, or be dissolved, or shall be in the course of dissolution or liquidation, or otherwise become incapable of acting hereunder, or in case the Escrow Agent shall be taken under the control of any public officer or officers, or ora receiver appointed by a court, a successor may be appointed by the holders of the Refunded Bonds by an insmament or concurrent insmunents in writing, signed by such holders, or by their attorneys in fact, duly authorized in writing; provided, nevertheless, that in any such event, the District shall appoint a temporary Escrow Agent to fill such vacancy until a successor Escrow Agent shall be appointed by the holders of the Refunded Bonds in the manner above provided, and any such temporary Escrow Agent so appoimed by the District shall immediately and without further act be superseded by the Escrow Agent so appointed by such holders. The Disn-ict shall mail notice of any such appointment made by it at the times and in the manner described in the first paragraph of this Section 16. In the event that no appointment of a successor Escrow Agent or a temporasy successor Escrow Agent shall have been made by such holders or the District pursuant to the foregoing provisions of this Section 16 within 20 days after g'rinen notice of resignation of the Escrow Agent has been given to the District, the holders of the Refunded Bonds or an)' retiring Escrow Agent may apply to any court of competent jurisdiction for the appointment of a successor Escrow Agent, and such court may thereupon, after such notice, if any, as it shall deem proper, appoint a successor Escrow Agent. In the event of replacement or resignation of the Escrow Agent, the Escrow Agent shall remit to the District the prorated portion of prepaid fees not yet incurred or payable, less any termination fees and expenses at the time of discharge, the District shall pay all accrued and unpaid fees and expenses of the Escrow Agent and the Escrow Agent shall have no further liability hereunder and the District shall indemnify and hold harmless Escrow Agent fi-om any such liability, including costs or expenses incurred by the Escrow Agent or its counsel. No successor Escrow Agent shall be appointed unless such successor Escrow Agent shall be a corporation with Irust powers organized under the banking laws of the United States or any State, and shall have at the time of appointment capital and surplus of not less than $30,000,000. Every successor Escrow Agent appointed hereunder shall execute, acknowledge and deliver to its predecessor and to the District an instrument in writing accepting such appoinunent hereunder and thereupon such successor Escrow Agent, without any further act, deed or conveyance, shall become fully vested with all the rights, immunities, powers, trusts, duties and obligations of its predecessor; but such predecessor shall nevertheless, on the whnen request of such successor Escrow Agent or the District execute and deliver an instrument ~xansferring to such successor Escrow Agent all the estates, properties, rights, powers and trust of such predecessor hereunder; and every predecessor Escrow Agent shall deliver all securities and moneys held by it to its successor; provided, however, that before any such delivery is required to be made, all fees, advances and expenses of the retiring or removed Escrow Agent shall be paid in full. Should any transfer, assignment or instrument in writing fi.om the Dis~ct be required by any successor Escrow Agent for more fully and certainly vesting in such successor Escrow Agent the estates, fights, powers and duties hereby vested or intended to be vested in the predecessor Escrow Agent, any such transfer, assignment and instruments in writing shall, on request, be executed, acknowledged and delivered by the District. Any corporation into which the Escrow Agent, or any successor to it in the trusts created by this Agreement, may be merged or convened or with which it or any successor to it may be consolidated, or any corporation resulting fi.om any merger, conversion, consolidation or tax-fi.ce reorganization to which the Escrow Agent or any successor to it shall be a part3' shall be the successor Escrow Agent under this Agreement without the execution or filing of any paper or any other act on the part of any of the parties hereto, anything herein to the contra-D' norwithstanding. SECTION 17. TERI~tINATION OF AGREEMENT. Except for provisions hereof which are stated to survive the tenmnation hereof, this Agreement shall terminate when all transfers and payments required to be made by the Escrow Agent under the provisions hereof shall have been made. Upon such terrmnafion, all moneys remaining in the Escrow Fund shall be released to the Disthct. SECTION 18. GOVER,~,ING LAW. This Agreement shall be governed by the applicable laws of the State of Florida. SECTION 19. SEVERABILITY. If any one or more of the covenants or agreements provided in this Agreement on the part of the District or the Escrow Agent to be performed should be determined by a court of competent jurisdiction to be contrary to law, such covenant or agreement shall be deemed and construed to be severable fi.om the remaining covenants and agreements herein contained and shall in no way affect the validity of the remaining provisions of this Agreement. 9 8El SECTION 20. COUNTERPARTS. This Agreement may be executed in several counterparts, all or any of which shall be regarded for all purposes as one original and shall constitute and be but one and the same insmunent. SECTION 21. NOTICES. Any notice, authorization, request or demand required or perm/ned to be given in accordance with the terms of this Agreement shall be in writing and sent by registered or certified mail addressed to: ["] First Union National Bank I"l [ "] Jacksonville. Florida 32231-0010 [^] Attention: Comorate Trust Denartment Collier County Water-Sewer District c/o Collier County, Florida Board of County Cormmissioners 3301 East Tamiami Trail Naples, Florida 33962 Attention: Finance Director 10 IN WITNESS WHEREOF, the parties hereto have each caused this Escrow Deposit Agreement to be executed by the~ duly authorized officers and appointed officials and their seals to be hereunder affixed and attested as of the date first written herein. COLLIER DISTRICT COUNTY WATER-SEWER ATTEST: Chairman, Board of County Commissioners of Collier County, Florida, es th¢::Ex-Officio Chalrman of the Governing Board of the Collier county Water-Sewer District Clerk, Board of County Commissioners of Collier County, Florida, as the Ex-Officio Clerk of the Governing Board of the Collier County Water- Sewer Disu'ict 1"] FIRST UNION NATIONAL BANK, as Escrow Agent (SEAL) By:. Authorized Signatory Il 8El~ SCHEDULEA ESCROW SECURITIES Bond Proceeds District Moneys A-! SCHEDULEB DEBT SERVICE REQUIREMENTS FOR REFUNDED BONDS B-! SCHEDULE C [FOPdSd OF NOTICE OF DEFEASANCE FOR REFUNDED BONDS Notice is hereby given pursuant to Resolution No. CWS-85-5 adopted on July 30, 1985, as amended and restated by Resolution No. CWS-85-13 adopted on December 26, 1985, as amended and supplemented (collectively, the "Resolution"), that all of the outstanding Collier County Water-Sewer District Water and Sewer Revenue Bonds, Series 1991 described below (the "Refunded Bonds") are deemed to be paid within the meaning of the Resolution and shall no longer be secured from the Pledged Funds (as defined in the Resolution) and shall be secured solely from the irrevocable deposit of cash and U.S. Treasm~ obligations made by the District with ["1 First Union National Bank. Jacksonville. ~ as Escrow Agent, in accordance with Section 9.01 of the Resolution. The Refunded Bonds maturing on or after July I, 2000 shall be redeemed on July 1, 1999 at a redemption price of 102% of the principal amount thereof, plus accrued interest.] C-I EXHIBIT E FORM OF SERIES 1992 ESCROW DEPOSIT AGREEMENT ESCROW DEPOSIT AGREEMENT ESCROW DEPOSIT AGREEMENT, dated as of December 1, 1998, by and between the COLLIER COUNTY WATER-SEWER DISTRICT (the "District"), and I^] FIRST UNION NATIONAL BAN~ (the "Escrow Agent"), a national banking association orpmized and existing under the laws of the United States of America, having its designated corporate trust office in [^] ~(d,~~, as escrow agent hereunder. WHEREAS, the District has heretofore issued its Collier County Water-Sewer District Water and Sewer Revenue Bonds, Series 1992 (the "Series 1992 Bonds")pursuant to Resolution No. CWS-85-5 adopted on July 30, 1985, as amended and restated by Resolution No. CWS-85-13 adopted on December 26, 1985, as amended and supplemented (collectively, the 'Resolution"); and WHEREAS, the District has determined to exercise its option under the Resolution to refund that portion of the outstanding Series 1992 Bonds which mature on or after Jul)' 1, 2003 (the "Refunded Bonds"); and WHEREAS, the Diswict has determined to issue its $ Collier Count3' Water-Sewer Disu'ict Water and Sewer Refunding Revenue Bonds, Series 1998 (the "Series 1998 Bonds") pursuant to the Resolution, a portion of the proceeds of which Series 1998 Bonds ~-ill be used to purchase certain United States Treasta3, obligations in order to provide payment for the Refunded Bonds and discharge and satisfy the pledges, liens and other obligations of the District under the Resolution in regard to such Refunded Bonds; and WHEREAS, the issuance of the Series 1998 Bonds, the purchase by the Escrow Agent of the hereinafter defined Escrow Securities, the deposit of such Escrow Securities into an escrow deposit trust fund to be held by the Escrow Agent, the discharge and satisfaction of the pledges, liens and other obligations of the District under the Resolution in regard to the Refunded Bonds shall occur as a simultaneous transaction; and WHEREAS, this Agreement is intended to effectuate such simultaneous Ixansaction; NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants hereinafter set forth, the parties hereto agree as follows: SECTION 1. PREAMBLES. The District represents that the recitals stated above are true and correct, and the same are incorporated herein. 8El SECTION2. RECEIPT OF RESOLUTION AND VERIFICATION REPORT. Receipt of a true and correct copy of the above-mentioned Resolution and this Agreement is hereby acknowledged by the Escrow Agent. The applicable and necessary provisions of the Resolution, including, without limitation, Section 9.01 thereof, are incorporated herein by reference. The Escrow Agent also acknowledges receipt of the verification report of , a firm of independent public accountants, dated ,1998 (the "Verification Report"). Reference herein to or citation herein of any provisions of the Resolution or the Verification Report shall be deemed to incorporate the same as a pan hereof in the same manner and with the same effect as if the same were fully set forth herein. SECTION 3. DISCHARGE OF PLEDGE OF HOLDERS OF REFUNDED BONDS. In accordance with Section 9.01 of the Resolution, the District by this writing exercises its option to have the pledge of the Pledged Funds (as defined in the Resolution) and all covenants, agreements and other obligations of the District to the holders of the Refunded Bonds under the Resolution to cease, terminate and become void and be discharged and satisfied. SECTION 4. ESTABLISHMENT OF ESCROW FUND. There is hereby created and established with the Escrow Agent a special, segregated and irrevocable escrow deposit trust fund designated the "Collier Count3' Water-Sewer District Water and Sewer Revenue Bonds, Series 1992 Escrow Deposit Trust Fund" (the "Escrow Fund"). The Escrow Fund shall be held in the custody of the Escrow Agent as a/:rust fund for the benefit of the holders of the Refunded Bonds, separate and apart from other funds and accounts of the Disnict and the Escrov,' Agent. The Escrow Agent hereby accepts the Escrow Fund and acknowledges the receipt of and deposit to the credit of the Escrow Fund the sum of $ received from the District from proceeds of the Series 1998 Bonds (the "Bond Proceeds") and the sum of S received from the District from certain moneys on deposit in the Sinking Fund established for the holders of the Refunded Bonds (the "District Moneys"). SECTION 5. DEPOSIT OF MONEYS ~N'D SECURITIES IN ESCROW FUND. The Escrow Agent represents and acknowledges that, concurrently with the deposit of the Bond Proceeds and the District Moneys under Section 4 above, it has used all of the Bond Proceeds and $ of the Dish'/ct Moneys to purchase on behalf of and for the account of the Dislrict certain [United States Treasury obligations["]] (collectively, together with any other securities which may be on deposit, from time to time, in the Escrow Fund, the "Escrow Securities"), which are described in Schedule A hereto, and the Escrow Agent will deposit such Escrow Securities and $ of the District Moneys (the "Cash 2 8El Deposit") in the Escrow Fund. All Escrow Securities shall be noncallable, direct obligations of the United States of America for which the full faith and credit of the United States has been pledged. In the event any of the Escrow Securities deschbed in Schedule A hereto are not available for delivery on ,1998, the Escrow Agent may, upon the whnen direction of Bond Counsel, upon which the Escrow Agent shall conclusively rely, substitute other United States Treasury obligations and shall credit such other obligations to the appropriate Escrow Fund and hold such obligations until the aforementioned Escrow Securities have been delivered. Bond Counsel may, as a condition precedent to giving its direction, require the Dis~'ict to provide it w/th a revised Verification Report in regard to the adequacy of the Escrow Securities and the Cash Deposit, taking into account the substituted obligations to pay the Refunded Bonds in accordance with the terms hereof. The Escrow Agent mall in no manner be responsible or liable for failure or delay of Bond Counsel or the District to promptly approve the substitutions of other United States Treasury obligations for the Escrow Fund. SECTION 6. SUFFICIENCY OF ESCROW SECURITIES. In reliance upon the Verification Report, the Disthct represents that the interest on and the principal amounts successively maturing on the Escrow Securities in accordance with their terms (without consideration of any reinvestment of such maturing principal and interest), together with the Cash Deposit, are sufficient such that moneys 4511 be available to the Escrow Agent in amounu sufficient and at the times required to pay the amounts of principal of, redemption premium, if any, and interest due and to become due on the Refunded Bonds as described in Schedule B attached hereto. If the Escrow Secuhfies and Cash Deposit shall be insufficient to make such redemption payments, the District shall timely deposit to the Escrow Fund, solely fi.om legally a~mlable funds of the Dismct, such additional amounts as may be required to pay the Refunded Bonds as described in Schedule B hereto. Notice of any insufficiency shall be given by the Escrow Agent to the District as promptly as possible, but the Escrow Agent shall in no manner be responsible for the Dislrict's failure to make such deposits. SECTION 7. ESCROW SECURITIES IN TRUST FOR HOLDERS OF REFUNDED BONDS. The deposit of the Escrow Securities and Cash Deposit in the Escrow Fund shall constitute an irrevocable deposit of Refunding Securities (as defined in the Resolution) and cash in trust solely for the payment of the principal of, redemption premium, if any, and interest on the Refunded Bonds at such times and in such amounts as set forth in Schedule B hereto, and the principal of and interest earnings on the Escrow Securities and the Cash Deposit shall be used solely for such purpose. 3 SECTION 8. ESCROW AGENT TO PAY REFUNDED BONDS FROM ESCROW FUND. The District hereby directs, and the Escrow Agent hereby agrees, that it will take all actions required to be taken by it under the provisions of the Resolution referenced in this Agreement, including the timely transfer of money to the Paying Agent for the Refunded Bonds ["J(The Bank of New York) as provided in the Resolution, in order to effectuate this Agreement and to pay the Refunded Bonds in the amounts and at the times provided in Schedule B hereto. The Escrow Securities and Cash Deposit shall be used to pay the principal of, redemption premium, if any, and interest on the Refunded Bonds as the same may mature or be redeemed. If any payment date shall be a day on which either the holders of the Refunded Bonds or the Escrow Agent is not open for the acceptance or deliveD, of funds, then the Escrow Agent may make payment on the next business day. The liability of the Escrow Agent for the payment of the principal of, redemption premium, if any, and interest on the Refunded Bonds pursuant to this Agreement shall be limited to the applical/on of the Escrow Securities and the interest earnings thereon, together with the Cash Deposit, available for such purposes in the Escrow Fund. SECTION 9. REINVESTMENT OF MONEYS AND SECURITIES IN ESCROW FUND. Moneys deposited in the Escrow Fund shall be invested only in the Escrow Securities listed in Schedule A hereto and, except as provided in Section 5 hereof and this Section 9, neither the District nor the Escrow Agent shall otherwise invest or reinvest any moneys in the Escrow Fund. Except as provided in Section 5 hereof and in this Section 9, the Escrow Agent may not sell or otherwise dispose of any or all of the Escrow Securities in the Escrow Fund and reinvest the proceeds thereof in other securities nor may it substitute securities for any of the Escrow Securities, except upon written direction of the District and where, prior to any such reinveslrnent or subst/tufion, the Escrow Agent has received from the Dis~ct the following: (a) a gvitten verification report by an independent certified public accountant or firm of independent certified public accountants, of recognized standing, appointed by the District, to the effect that after such reinvestment or substitution the principal amount of the Escrow Secur/fies, together with the interest thereon and the Cash Deposit, will be sufficient to pay the Refunded Bonds as described in Schedule B hereto (such verification shall not be necessary in the event the District shall determine to reinvest cash in Escrow Securities which mature on or before the next principal and/or interest payment date for the Refunded Bonds); and Co) a written opinion of nationally recognized Bond Counsel (as defined in the Resolution) to the effect that (i) such investment will not cause the Refunded 4 8El Bonds or the Series 1998 Bonds to be "arbitrage bonds" within the meaning of Section 148 of the Intemal Revenue Code, as amended, and the regulations promulgated thereunder or otherwise cause the interest on such Refunded Bonds or Series 1998 Bonds to be included as gross income for purposes of federal income taxation, and (ii) such investment does not violate any provision of Florida law or of the Resolution. The above-described verification report need not be provided in the event the District purchases Escrow Securities with the proceeds of maturing Escrow Securities, and such purchased Escrow Securities mature on or before the next interest payment date for the applicable Refunded Bonds. All Escrow Securities into which moneys are reinvested pursuant to the terms of this Section 9 shall be direct, noncallable obligations of the United States of America for which the full faith and credit of the United States has been pledged. In the event the above-referenced verification concludes that there are surplus moneys in the Escrow Fund, such surplus moneys shall be released to the District upon the wrinen direction of the Chan'man, the Clerk, or such other Count' official authorized by resolution to provide such direction. The Escrow Fund shall continue in effect until the date upon which the Escrow Agent makes the final payment to the holders of the Refunded Bonds in an amount sufficient to pay the Refunded Bonds, as described in Schedule B hereto, whereupon the Escrow Agent shall sell or redeem an>, Escrow Securities remaining in the Escrow Fund and shall remit to the District the proceeds thereof, together with all other money, if any, then remaining in the Escrow Fund. SECTION 10. REDEMPTION OF REFUNDED BONDS. The District hereby irrevocably instructs the Escrow Agent to cause the Registrar for the Refunded Bonds l^](The Bank of New York) to give, on behalf of the Disuict, at the appropriate times the notice or notices, if any, required by the Resolution in connection with the redemption of the Refunded Bonds. The Refunded Bonds shall be redeemed on July I, 2002 at a redemption price equal to 102% of the principal amount thereof, plus accrued interest. SECTION 11. DEFEASANCE NOTICE TO HOLDERS OF REFUNDED BONDS. Concurrently with the deposit of the Escrow Securities set forth in Section 5 hereof, the Refunded Bonds shall be deemed to have been paid within the meaning and with the effect expressed in Section 9.01 of the Resolution. Within 60 days of the deposit of moneys into the Escrow Fund the Escrow Agent, on behalf of the Disnict, shall cause the Registrar for the Refunded Bonds ["J(The Bank of New York) to mail to the holders of the Refunded Bonds the notice in the form provided in Schedule C attached hereto. 5 SECTION 12. ESCROW FUND IRREVOCABLE. The Escrow Fund hereby created shall be irrevocable and the holders of the Refunded Bonds shall have an express lien on the Cash Deposit and all Escrow Securities deposited in the Escrow Fund pursuant to the tcmu~ hereof and the interest earnings thereon until paid out, used and applied in accordance with this Agreement and the Resolution. Neither the District nor the Escrow Agent shall cause nor permit any other lien or interest whatsoever to be imposed upon the Escrow Fund. SECTION 13. AMENDMENTS TO AGREEMENT. This Agreement is made for the benefit of the District and the holders from time to time of the Refunded Bonds and it shall not be repealed, revoked, altered or amended without the v,~tten consent of all such holders and the written consent of the Escrow Agent; provided, however, that the Dis~ct and the Escrow Agent may, without the consent of, or notice to, such holders, enter into such agreements supplemental to this Agreement as shall not adversely affect the fights of such holde~ and as shall not be inconsistent with the terms and provisions of this Agreement, for any one or more of the following purposes: (a) to cure any ambiguity or formal defect or omission in this Agreement; (b) to grant, or confer upon~ the Escrow Agent for the benefit of the holders of the Refunded Bonds, any additional fights, remedies, powers or authority that may lav,'fully be granted to, or conferred upon, such holders or the Escrow Agent; and (cl to subject to this Agreement additional funds, securities or propemes. The Escrow Agent shall be entitled to rely exclusively upon an unqualified opinion of nationally recognized Bond Counsel with respect to compliance with this Section 13, including the extent, if any, to which any change, modification or addition affects the rights of the holders of the Refunded Bonds, or that any instrument executed hereunder complies with the conditions and provisions of this Section 13. SECTION 14. FEES AND EXPENSES OF ESCROW AGENT; INDEMNIFICATION; LIABILITY. In consideration of the services rendered by the Escrow Agent under tiffs Agreement, the Dis~ct agrees to and shall pay to the Escrow Agent the fees and expenses as shall be agreed to in axitmg by the parties hereto. The Escrow Agent shall have no hen whatsoever upon any of the Escrow Securities or the Cash Deposit in sa.id Escrow Fund for the payment of such proper fees and expenses. The District further agrees to indemnify, and save the Escrow Agent harmless, to the extent allowed by law, against any habi/ities wttich it may incur in the exercise and performance of its powers and 6 duties hereunder, and which are not due to ~ts negligence or misconduct. Indemnification provided under this Section 14 shall survive the termination of this Agreement. Whenever the Escrow Agent shall deem it necessary or desirable that a matter be proved or established prior to taking, suffering or omitting any action under this Agreement, such matter may be deemed to be conclusively established by a certificate signed by an authorized officer of the Disu-ict. The Escrow Agent may conclusively rely, as to the correcmess of statements, conclusions and opinions therein, upon any certificate, report, opinion or other document furnished to the Escrow Agent pursuant to any provision of this Agreement; the Escrow Agent shall be protected and shall not be liable for acting or proceedm& in good faitk, upon such reliance; and the Escrow Agent shall be under no duty to make any investigation or inquiry as to any statements contained or matters referred to in any such instrument. The Escrow Agent may consult with counsel, who may be counsel to the Disu'ict or independent counsel, with regard to legal questions, and the opinion of such counsel shall be full and complete authorization and protection in respect of any action taken or suffered by it hereunder in good faith in accordance herewith. Prior to retaining such independent counsel, the Escrow Agent shall notify the Dis~ict of its intention. The Escrow Agent shatl not be liable in connection with the performance of its duties hereunder except for its own negligence or misconduct. The Escrow Agent shall not be liable for an3' loss or any resulting taxability of interest on the Refunded Bonds or Series 1998 Bonds resulting from an5' invesunent made pursuant to the terms and provisions of this Agreement. The Escrow Agent shall not be liable for the accuracy of the calculations as to the sufficiency of moneys and of the principal amount of the £scrow Securities and the earnings thereon, to pa)' the Refunded Bonds. SECTION 15. REPORTING REQUIREMENTS OF ESCROW AGENT. As soon as practicable after the first day of Ja.nuary 1 and July I of each year, commencing January 1, 1999, so long as the Escrow Fund is maintained under this Agreement, the Escrow Agent shall forward in writing to the County a statement in detail of the Escrow Securities held as of Januao' 1, and July I of that year, whichever is applicable, and the income and maturities thereof, and withdrawals of money from the Escrow Fund, since the last statement furnished pursuant to this Section 15. SECTION 16. RESIGNATION OR REMOVAL OF ESCROW AGENT. The Escrow Agent, at the time acting hereunder, may at any time resign and be discharged from the duties and obligations hereby created by giving not less than 60 days' written notice to the Disu'ict and mailing notice thereof, specifying the date when such resignation will take effect to the holders of the Refunded Bonds, but no such resignation shall take effect unless 7 a successor Escrow Agent shall have been appointed by the holders of the Refunded Bonds or by the District as hereinafter provided and such successor Escrow Agent shall have accepted such appointment, in which event such resignation shall take effect immediately upon the appointment and acceptance of a successor Escrow Agent. The Escrow Agent may be replaced at any time by an instrument or concurrent instruments in ~Titmg, delivered to the Escrow Agent at least 60 days prior to the scheduled replacement date, and signed by either the District or the holders of the Refunded Bonds. Such instaamaent shall prox4de for the appointment of a successor Escrow Agent, which appointment shall occur simultaneously with the removal of the Escrow Agent. In the event the Escrow Agent hereunder shall resign or be removed, or be dissolved, or shall be in the course of dissolution or liquidation, or otherwise become incapable of acting hereunder, or in case the Escrow Agent shall be taken under the control of any public officer or officers, or of a receiver appointed by a court, a successor may be appointed by the holders of the Refunded Bonds by an instrument or concurrent instruments in ~,witing, signed by such holders, or by their attorneys in fact, duly authorized in ,miring; provided, nevertheless, that in an.,,' such event, the District shall appoint a temporary Escrow Agent to fill such vacancy until a successor Escrow Agent shall be appointed by the holders of the Refunded Bonds in the manner above provided, and an)' such temporary Escrow Agent so appointed by the District shall immediately and without further act be superseded by the Escrow Agent so appointed by such holders. The District shall mail notice of any such appointment made by it at the tLmes and in the manner described in the first paragraph of this Section 16 in the event that no appointment of a successor Escrow Agent or a temporary successor Escrow Agent shall have been made by such holders or the District pursuant to the foregoing pro,.5sions of this Section 16 within 60 days after v, xiuen notice of resignation of the Escrow Agent has been given to the District, the holders of the Refunded Bonds or any retinng Escrow Agent may apply to any court of competent jurisdiction for the appointment of a successor Escrow Agent. and such court may thereupon, after such notice, if any, as it shall deem proper, appoint a successor Escrow Agent. In the event of replacement or resignation of the Escrow Agent, the Escrow Agent shall remit to the District the prorated portion of prepaid fees not yet incurred or payable, less any termination fees and expenses at the time of discharge, the Distxict shall pay all accrued and unpaid fees and expenses of the Escrow Agent and the Escrow Agent shall have no further liabili~' hereunder and the District shall indemnify and hold harmless Escrow Agent fi.om any such liability, including costs or expenses incurred by the Escrow Agent or its counsel. 8 ' BE1 mt a ~r, cessur Escrow Agent shalI have been appointed by the holders of the Refunded Bonds or by the District as hereinafter provided and such successor Escrow Agent shall have accepted such appointment, in which event such resignation shall take effect inunediately up<m the appoin~rnont and acccpt~ce ora successor Escrow AgL'nt. The Escrow Agent may be replaced at any ~ne by an instrument or concurrent insazanents in v. Titing. delivered to the Escrow Agent at least 60 days prior to the scheduled replacement date, and signed by either the District or the holders of the Refunded Bonds. Such instrament shall provide for the appointment of a successor Escrow Agent, which appointment shall occur s~multaneously with thc removal of the Escrow Agent. In the event the Escrow Agent hereunder shall resign or be removed, or be dissolved, or shall be in thc course of dissolution or liquidation, or otherwise become incapable of aCing hereunder, or in case the Escrow Agent shall be t~ken under the con~xol of any public officer or officers, or ora receiver appointed by a courL a successor may be appointed by the holders of the Refunded Bonds by an instalment or concurrent instruments in writing, signed by such holders, or by their attorneys in fact, duly authorized in v. Titing; provided, nevertheless, that in any such event, the District shall appoint a tempora~y Escrow Agent to fill such vacancy until a successor Escrow Agent shall be appointed by the holders of the Refunded Bonds in the manner above provided, and any such tempora~y Escrow Agent so appointed by the Disthct shall immediately and without further act be superseded by the Escrow Agent so appointed by such holders. The District shall mail notice of any such appointment made by it at the ~nes and in the manner described in the first p~agraph of this Sec'non 16 successor Escrow Agent shy have been made by such holders or the Dis~'ict pursuant to the foregoing pro,.isions of this Section 16 wi~n 60 days after ',..'rh~en notice of resignation of the Escrow Agent has been givt'n to the District, the holders of the Refunded Bonds or any retiring Escrow Agent may apply to any court of competent jurisdiction for the appointment ora successor Escrow Agent, and such com~ may thereupon, after such notice, if any, as it shall deem proper, appoint a successor Escrow Agent. In the event of replacernent or resignation of the Escrow Agent. the Escrow Agent shall remit to the District the prorated portion of prepaid fees not yet incurred or payable. less any termination fees and expenses at the time of dischasge, the District shall pay all accrued and unpaid fees and expenses ofthe Escrow Agent and the Escrow Agent shell have no fur&er liability hereunder and the District shall indenmify and hold harmless Escrow Agent bom any such liabiIi~', including costs or expenses incurred by the Escrow Agent or its counsel, lO rdeaze, substitution, or ale ofproperty ~::uring repayment of the Bonds; 11 ranngs changes ' 8£1 al a successor Escrow Agent shall have been appointed by the holders of the Refunded Bonds or by the District as hereinafter provided and such successor Escrow Agent shall have accepted such appointment, in which event such resignation shall take effect immediately upon the appointment and acceptance of a successor Escrow Agent. The Escrow Agent may be replaced at any time by an insmunent or concurrent insmanents in writing, dehvered to the Escrow Agent at least 60 days prior to the scheduled replacement date, and signed by either the District or the holders of the Refunded Bonds. Such insmunent shall provide for the appointment of a successor Escrow Agent, which appointment shall occur simultaneously with the removal of the Escrow Agent. In the event the Escrow Agent hereunder shall resign or be removed, or be dissolved, or shall be in the course of dissolution or liquidation, or otherwise become incapable of acting hereunder, or in case the Escrow Agent shall be taken under the conu'ol of any public officer or officers, or ora receiver appointed by a court, a successor may be appointed by the holders of the Refunded Bonds by an instrament or concurrent instruments in writing, signed by such holders, or by their attorneys in fact, duly authorized in writing; provided, nevertheless, that in any such event, the District shall al~point a temporary Escrow Agent to fill such vacancy until a successor Escrow Agent shall be appointed by the holders of the Refunded Bonds in the manner above provided, and any such temporary Escrow Agent so appointed by the District shall immediately and without further act be superseded by the Escrow Agent so appointed by such holders. The District shall mail notice of any such appointment made by it at the tunes and in the manner described in the first paragraph of this Section 16. In the event that no appointment of a successor Escrow Agent or a temporary successor Escrow Agent shall have been made by such holders or the District pursuant to the foregoing provisions of this Section 16 within 60 days after v, xinen notice of resignation of the Escrow Agent has been given to the District, the holders of the Refunded Bonds or any ret/ring Escrow Agent may apply to any court of competent jurisdiction for the appointment ora successor Escrow Agent, and such court may thereupon, after such notice, if any, as it shall deem proper, appoint a successor Escrow Agent. In the event of replacement or resignation of the Escrow Agent, the Escrow Agent shall remit to the District the prorated portion of prepaid fees not yet incurred or payable, less any termination fees and expenses at the time of discharge, the Dislxict shall pay all accrued and unpaid fees and expenses of the Escrow Agent and the Escrow Agent shall have no further liability hereunder and the District shall indemnify and hold han'nless Escrow Agent from any such liability, including costs or expenses incurred by the Escrow Agent or its counsel. 8 8£1 No successor Escrow Agent shall be appointed unless such successor Escrow Agent shall be a corporation with ~rust powers organized under the banking laws of the United States or any State, and shall have at the time of appointment capital and surplus of not less than $30,000,000. Every successor Escrow Agent appointed hereunder shall execute, acknowledge and deliver to its predecessor and to the District an instrument in writing accepting such appoin~nent hereunder and thereupon such successor Escrow Agent, without any further act, deed or conveyance, shall become fully vested with all the rights, immunities, powers, trusts, duties and obligations of its predecessor; but such predecessor shall nevertheless, on the w~nen request of such successor Escrow Agent or the District execute and deliver an instrument transferring to such successor Escrow Agent all the estates, properties, rights, powen and trust of such predecessor hereunder; and every predecessor Escrow Agent shall deliver all securities and moneys held by it to its successor; provided, however, that before any such delivery is required to be made, all fees, advances and expenses ofthe retiring or removed Escrow Agent shall be paid in full. Should any transfer, assignment or instrument in writing from the Dish-let be required by any successor Escrow Agent for more fully and certainly vesting in such successor Escroxv Agent the estates, rights, powers and duties hereby vested or intended to be vested in the predecessor Escrow Agent, any such transfer, assignment and instruments in writing shall, on request, be executed, acknowledged and delivered by the District. Any corporation into which the Escrow Agent, or any successor to it in the trusts created by this Agreement, may be merged or converted or with which it or any successor to it may be consolidated, or any corporation resulting from any merger, conversion, consolidation or tax-free reorganization to which the Escrow Agent or any successor to it shall be a parD' shall be the successor Escrow Agent under this Agreement without the execution or filing of any paper or any other act on the part of any of the parties hereto, anyr, hing herein to the contrary notwithstanding. SECTION 17. TERMINATION OF AGREEMENT. Except for provisions hereof which are stated to survive the termination hereof, this Agreement shall terminate when all transfers and payments requited to be made by the Escrow Agent under the provisions hereof shall have been made. Upon such termination, all moneys remaining in the Escrow Fund shall be released to the District. SECTION 18. GOVERNING LAW. This Agreement shall be governed by the applicable laws of the State of Florida. 9 SECTION 19. SEVERABILITY. If any one or more of the covenants or agr~:ments provided in this Agreement on the pan of the District or the Escrow Agent to be performed should be determined by a corn of competent jarisdiction to be contrary to law, such covenant or agreement shall be deemed and consu'ued to be severable from the remaining covenants and agreements herein contained and shall in no way affect the validity of the remaining provisions of this Agreement. SECTION 20. COUNTERPARTS. This Agreement may be executed in several counterparts, all or any of which shall be regarded for all purposes as one original and shall constitute and be but one and the same insmament. SECTION 21. )NOTICES. Any notice, authorization, request or demand required or permitted to be given in accordance with the terms of this Agreement shall be in vatiting and sent by registered or certified mail addressed to: [ ^] Jacksonville. Florida 32231-0010 Collier County Water-Sewer District c/o Collier County, Florida Board of County Commissioners 3301 East Tamiami Trail Naples, Florida 33962 Attention: Finance Director 10 IN WITNT~S WHEREOF, the parties hereto have each caused this Escrow Deposit Agr~ment to be executed by their duly authorized officers and appointed officials and their seals to be hereunder affixed and attested as of the date £trst written herein. (SEAL) ATTEST: Clerk, Board of County Commissioners of Collier County, Florida, as the Ex-Officio Clerk of the Governing Board of the Collier County Water- Sewer District COLLIER COUNTY WATER-SEWER DISTRICT Chairman, Board of County Commissioners of Collier County, Florida, as the Ex-Officio Chairman of the Governing Board of the Collier CoUnty Water-Sewer DisMct (SEAL) ["] FIRST L.m,'ION NATIONAL BANI{, as Escrow Agent By: Authorized Signatory 11 8£1 SCHEDULE A ESCROW SECURITIES Bond Proceeds District Moneys A-1 SCHEDULEB DEBT SERVICE REQUIREMENTS FOR REFUNDED BONDS B-I SCHEDULE C FORM OF NOTICE OF DEFEASANCE FOR REFUNDED BONDS Notice is hereby given pursuant to Resolution No. CWS-85-5 adopted on July 30, 1985, as amended and restated by Resolution No. CWS-85-13 adopted on December 26, 1985, as amended and supplemented (collectively, the "Resolution"), that the outstanding Collier County Water-Sewer District Water and Sewer Revenue Bonds, Series 1992 maturing on or after July I, 2003 and described below (the "Refunded Bonds") ~re deemed to be paid within the meaning of the Resolution and shall no longer be secured fi.om the Pledged Funds (as defined in the Resolution) and shall be secured solely fi.om the irrevocable deposit of cash and U.S. Treastuy obligations made by the District with [^] First Union National Bank, ~ as Escrow Agent, in accordance with Section 9.01 of the Resolution. The Refunded Bonds shall be redeemed on July l, 2002 at a redemption price of 102% of the principal amount thereof, plus accrued interest. C-I EXHIBIT F FORMS OF CONTINUING DISCLOSURE CERTIFICATES NTIN ~GDI RE ER A E This Continuing Disclosure Certificate (the "Disclosure Certificate") is executed and delivered by the Collier County Water-Sewer District (the "Issuer") in connection with the issuance of its $ Water and Sewer Refunding Revenue Bonds, Series 1999 (the "Bonds"). The Bonds are being issued pursuant to Resolution No. CWS-85-5 of the Issuer adopted on July 30, 1985, as restated, amended and supplemented (collectively, the "Resolution"). The Issuer covenants and ~grees as follows: SECTION 1. PURPOSE OF THE DISCLOSURE CERTIFICATE. This Disclosure Certi~cate is being execaed and delivered by the Issuer for the benefit of the Holders and Beneficial Owners of the Bonds and in order to assisi the Participating Underwriters in complying with the continuing disclosure requirements of Securities and Exchange Commission Rule 15¢2-12. SECTION 2. DEFINITIONS In addition to the definitions set forth in the Resolution which apply to any capitalized term used in this Disclosure Certificate, unless otherwise defined in this Section, the following capitalized terms shall have the following meanings: "Annual Report" shall mean any Annual Report provided by the Issuer pursuant to, and as described in, Sections 3 and 4 of this Disclosure Certificate. "Beneficial Owner" shall mean any person which (a) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, any Bonds (including persons holding Bonds through nominees, depositories or other intermediaries), or (b) is treated as the owner of any Bonds for federal income tax purposes "Dissemination Agent" shall mean the Issuer, or any successor Dissemination Agent, designated in writing by the Issuer and which has filed with the Issuer a written acceptance of such designation. "Listed Events" shall mean any of the events listed in Section 5(a) of this Disclosure Certificate. "National Repository' shall mean any Nationally Recogniz~ Municipal Securities Information Repository for purposes ofthe Rule The National Repositories currently approved by the Securities and Exchange Commission are set forth in Exhibil B. "Participating Underwriters" shall mean the original underwriters of the Bonds required to comply with the Rule in connection with offering of the Bonds. "Repository" shall mean each National Repository and each State Repository. "Rule" shall mean the continuing disclosure requirements of Rule 15c2-12 adopted by the Securities and Exchange Commission under the Securities Exchange Act of 1934, as the .same may be amended from time to time. 'State' shall mean the State of Florida. "State Repository" shall mean any public or private repository or entity designated by the State as a state information depository for the purpose of the Rule and recognized as such by the Se~'ities and Exchange Commission. A~ ofthe date of'this Certificate, there is no State Repository. SECTION 3. PROVISION OF ANNUAL REPORTS. (a) The Issuer shall, or shall cause the Dissemination Agent to. not later than each April 30~h, commencing April 30. 1998 with the report for the 1998 fiscal year, provide to each Repository an Annual Report which is consistent with the requirements of Section 4 of this Disclosure Certificate. The Annual Report may be submitted as a single document or as separate documents comprising a package, and may cross-reference other information as provided in Section 4 of this Disclosure Certificate; ~ that the audited financial statements of the Issuer may be submitted separately from the balance of the Annual Report and later than the date required above for the filing of the Annual Report if they are not available by that date. If the Issuer's fiscal year changes, it shall give notice of such change in the same manner as for a Listed Event under Section 5(c). (b) Not later than fifteen (15) Business Days prior to the date set forth in (a) above, the Issuer shall provide the Annual Report to the Dissemination Agent (if other than the Issuer). If the Issuer is unable to provide to the Repositories an Annual Report by the date required in subsection (a), the Issuer shall send a notice to (i) each National Repository or the Municipal Securities Rulemaking Board, and (ii) the State Repository in substantially the form attached as Exhibit A. (c) The Dissemination Agent shall: (i) determine each year prior to the date for providing the Annual Report the name and address of each National Repository and the State Repository, if any; and (ii) if the Dissemination Agent is other than the Issuer, file a report with the Issuer ~ng that the Annual Report has been provided pursuant to this Disclosure Certificate, stating the date it was provided and listing all the Repositories to which it was provided. SECTION 4. CONI~NT OF ANNUAL REPORTS. The Issuer's Annual Report shall contain or include by reference the following: (a) the audited financial statements of the Issuer for the prior fiscal year, prepared in ~ with generally accepted accounting principles u promulgated to apply to ~3~n~nental enfi6es from time to time by the Governmental Accounting Standards Board. Iftbe luue~s au~ted financial statements a~e not available by the time the Annual Report is required to be filed pure. mat to Sec6cm 3(&), the Annual Report shall contain unaudited flnaucial statements in a format similar to the Enancial statements contained in the final Official Statement dated , 1999 (the 'Official Statement"), and the audited financial statements shall he filed in the same manner u the Annual Report when they become available. (b) upc~tes to the following historical financial information and opeming data pre~emed in tabular form under the section entitled "THE SYSTEM" in the Official Statement: 3. 4. 5, Historical Sewer System and Water System Equivalent Residential Connections Water and Sewer Accounts; Current Water Rates and Charges; Current Sewer Rates and Charges; Current System Development Fees; and Historical Revenues, Expenses and Debt Service Coverage (last $ fiscal years). The information provided under Section 4('0) may be included by specific reference to other d~ including official statements of debt issues of the Issuer or related public entities, which have been submitted to each of the Repositories or the Securities and Exchange Commi~ion. If the document included by reference is a final official statement, it must be available from the Municipal Securities Rulemaking Board The Issuer shall clearly identify each such other document so included by refbrence SECTION 5. REPORTING OF SIGNIFICANT EVENTS (a) Pursuant to the provisions of this Section .5, the Issuer shall give, or ceu~e to be given, notice of the occurrence of any of the following events with respect to the Bonds, if mat~al: 2. 3. 4. 5. 6. 7. 8. 9. 10. I1 principal and interest payment delinquencies; non-payment related defaults; unscheduled draws on the debt sen, ice reserves re~lecting financial difltcu/ti~; unscheduled draws on credit enhancements reflecting financial substitution of ca'edit or liquidity providers, or their failure to perform; adverse tax opinions or events affecting the tax-exempt status ofthe Bonds; modifications to fights of the holders of the Bonds; Bond calls (other than scheduled mandatory redemption); defeasances; ~ease, substitution, or sale of property __~"o__,rin8 repayment ofthe Bonda; ratings changes 3 (b) Whenever the Issuer obtains knowledge ofthe occurrence ora Listed Event, the Isa. re' shall promptly determine if such event would be material under applicable federal ~ecufities laws; provided, however, that any event under clauses 4, 5, 6, I0 and I 1 above shall always be deemed to be material (c) If the Issuer determines that knowledge of the occurrence of a Listed Event would be material under applica~ble federal securities laws, the Issuer shall promptly file a notice of such occurrence with (i) each National Repository or the Municipal Securities Rulemaldng Bo~d, and (ii) the State Repository SECTION 6 TERMINATION OF REPORTING OBLIGATION The Issuer's obligations under this Disclosure Certificate shall terminate upon the legal defeasance, prior redemption or payment in full of all of the Bonds If such termination occurs prior to the final maturity of the Bonds, the Issuer shall [five notice of such termination in the same manner as for a Listed Event under Section 5(c) SECTION 7 DISSEMINATION AGENT The Issuer ma.,,', from time to time. appoint or engage a Dissemination Agent to assist it in carryi.'ng out its obligations under this Disclosure Certificate. and may discharge ny such Dissemination Agent. with or without appointing a successor Dissemination Agent The Dissemination Agent shall not be responsible in any manner for the content of any notice or report prepared by the Issuer pursuant to this Disclosure Certificate The initial Dissemination Agent shall be the Issuer SECTION 8 AM'EN~M'ENT: WAIVER Notwithstanding any other provision of this Disclosure Certificate, the Issuer may amend this Disclosure Certificate. and any provision of this Disclosure Certificate may be waived, provided that the follo~4ng conditions are satisfied (a) If the amendment or waiver relates to the provisions of Sections 3(a), 4, or 5(a), it may only be made in connection with a change in circumstances that arises from a change in legal requirements, change in law. or change in the identity, nature or status of the Issuer, or the type of business conducted; (b) The undertaking, as amended or taking into account such waiver, would, in the opinion of nationally recognized bond counsel, have complied with the requirements of the Rule at the time of the original issuance of the Bonds, after taking into account any amendments or interpretations of the Rule, as well as any change in circumstances; and (c) The amendment or waiver either (i) is approved by the holders or Beneficial Owners of the Bonds in the same manner as provided in the Resolution for amendments to the Resolution with the consent of holders or Beneficial Owners, or (ii) does not, in the opinion of nationally recognized bond counsel, materially impair the interests of the holders or Beneficial Owners of the Bonds 4 In the event of any amendment or waiver ora provision of this Disclosure Certificate, the l~uet shall describe such amendment in the ne~ Annual Report, and shall include, as applicable, & narrative explanation of the reason for the amendment or waiver and its impact on the type (or in the cue of a change of accounting principles, on the presentation) of financial information or operatin8 data bein8 presented by the Issuer. In addition, it'the amendment relates to the accounting principl~ to be followed in preparing financiaJ statements, (i) notice of such change shall be given in the ~ne manna' ~s for a Listed Event under Section $(c), and (ii) the Annual Report for the ye~' in which the change is made should present a comparison (in narrative form and also, it'feasible, in quantitative t'orm) bet~men the financial statements ~ prepared on the basis of the new accountin8 principles and those prepared on the basis of the former accounting principles SECTION 9, ADDITIONAL INFORMATION. Nothing in this Disclosure Certificate d~ll be deemed to prevent the Issuer from disseminating any other information, using the means of dissemination set forth in this Disclosure Certificate or any other means of communication, or including any other information in any Annual Report or notice of occurrence ora Listed Event, in addition to that which is required by this Disclosure Certificate Ir'the Issuer chooses to include any information in wy Annual Report or notice of occurrence ora Listed Event in addition to that which is specifically required by this Disclosure Certificate, the Issuer shall have no obligation under this Certificate to update such information or include it in any future Annual Report or notice of' occurrence of a Listed Event SECTION 10 DEFAULT In the event ora failure of the Issuer to comply with any provision ofthis Disclosure Certificate, any holder or Beneficial Owner of the Bonds may take such actions as may be necessary, and appropriate, including seeking mandamus or specific performance by court order, to cause the Issuer to comply with its obligations under this Disclosure Certificate; provided, however, the sole remedy under this Disclosure Certificate in the event of any failure of the Issuer to comply with the provisions of this Disclosure Certificate shall be an action to compel performance. A default under this Disclosure Certificate shall not be deemed an event ofdefaull under the Resolution SECTION I1 DUTIES. IMMUN'ITIES AND LIABILITIES OF DISSEMINATION AGENT. The Dissemination Agent shall have only such duties as are specifically set forth in this Disclosure Certificate, and the Issuer agrees to indemnify and save the Dissemination Agent, its officers, directors, employees and agents, harmless against loss, expense and liabilities which it may incur arising out or' or in the exercise or performance of its powers and duties hereunder, including the costs and expenses (including attorneys tees) or' defending against any claim of liability, but excluding liabilities due to the Dissemination Agent's negligence or wilful misconduct. The ob[i?tions oftbe Issuer under this Section shall survive resignation or removal of the Dissemination Agent and payment o£the Bonds [Remainder of page intentionally lea blank] SECTION 12. BENEFICIARIES. This Disclosure ~e shall inure ~olely to the of the luuet, the Dissemlrmtion Agent, the Part~clpating Underwriters and holdere and Beneflct.l Owners from time to time o{'the Bonds, and shall create no rights in any other pereon or entity. Dat~l aa ot' 1, 1998 COLLIER COUNTY WATER-SEWER DISTRICT Chairman 6 NOTICE OF FAILURE TO FI~E ANNUAL REPORT Name of luuer: Collier County Water. Sewer E~stfict Name of Bond Issue: Water and Sewer Refi~nding Revenue Bonds, Series 1998 (the 'Bonds") Date oflssuance: , ]998 NOTICE IS HI~ag=BY GIVEN that the liner hu not provided an Annual Report with respect to the above.named Bonds as required by Resolution No. CWS-85-5 of the luuet adopted on July 30, 1985, as restated, ~mended ~nd supplemented authorizing the issuance of the Bonds, and Sections 3 and 4(b) of the Continuing Disclosure Certificate dated as of , 1998. The Issuer anticipates that the Annual Report will be filed by Dated. [ISSUER NAME] By. Name: Title' Nsfional~ ~ Municipal Securities Informalion Repositories approved by the Securities and Exchange Commission: lBloombexg Municipal Repositories P.O. Box 840 Princeton, NJ 08542-0840 (rOe) 279-3200 Fax (609) 279-5962 Ernail: munis~bloomberg,com Thomson NRMSIR Attn: Municipal Disclosure 395 Hudson Street, 3rd Floor New York, NY 10014 ('212) 807-5001 (800) 689-8466 Fax (212) 989-2078 Email: Disclosure~muller corn Kenny Information Systems. lnc 65 Broadway - 16~' Floor New York, NY 10006 Attn: Kenny Repository Service (212) 77O-4595 Fax (212) 797-7994 DPC Data Inc One Executive Drive Fort Lee, NJ 07024 (201) 346-0701 Fax (201) 947-0107 Email: NRMSIRl~dpedata.com According to a Securities and Exchange Commission press release dated June 26, 1995, a list of names and addresses of all designated Nationally Recognized Municipal Securities Information Repositories as of any point in time is available by calling the SEC'a FAX On Demand Senate at (202) 942-8088 fi.om a telecopier machine and requesting document number 0206, RESOLUTION NO. 98-473 A RESOLUTION APPOINTING RHONDA E. SAUNDERS TO THE TOURIST DEVELOPMENT COUNCIL, WHEREAS, Collier County Ordinance No. 92-18 crcatcd thc Toudst Development Council and provides that the Council shall be composed of nine (9} members pursuant to Section 125.0104(4)(e), Florida Statutcs; and WHEREAS, there is currently a vacancy on this board for the category of non-owner/ operator; and WHEREAS, thc Board o£ County Commissioners previously provided public notice soliciting applications from interested parties. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Rhonda E. Saunders. representing the category of non-owner/operator, is hereby appointed to the Tourist Development Council to fulfill thc remainder of the vacant term, said term expiring April 21, 2000. This Resolution adopted after motion, second and majority vote. DATED: November 24, 1998 DWIGHT'E; BROCK, Clerk Attest as' to 'Chafraan's signature onlff. Approved ~ to form and legal sufficiency: David C. Weigel County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COLrNTY, FLORIDA RESOLUTION NO. 98-474 A RESOLUTION APPOINTING FLOYD CREWS TO TIlE IMMOKALEE ENTERPRISE ZONE DEVELOPMENT AGENCY WltEREAS, the Board of County Commissioners of Collier County, Florida adopted Ordinance No. 95-22 establishing the Immokalee Enterprise Zone Development Agency pursuant to Section 290.001, ct seq., Florida Statutes; and WHEREAS, Ordinance No. 95-22 provides that the lmmokalce Enterprise Zone Development Agency shall consist of not fewer than eight (8) or more than thirteen (13) members; and WHEREAS, there is currently a vacancy on this board; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. Floyd Crews, representing the business owner and resident categories, is hereby appointed to the Immokalee Enterprise Zone Development Agency to fulfill the remainder of the vacant term. said term to expire on April 4, 2001. This Resolution adopted after motion, second and majority vote. DATED: November 24, 1998 ATTEST: DWIG,~T E. BROCK, Clerk signature onl ~. Apprnved ~s to form and legal sufficiency: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA David C. Weigel County Attorney RESOLUTION NO. 98-475 A RESOLUTION APPOINTING AND REAPPOINTING MEMBERS TO THE AFFORDABLE HOUSING COMMISSION. WHEREAS. Collier County Ordinance No. 91-65 created the Affordable Housing Commission and provides that the County Commission shall appoint five (5} membera to the Affordable Housing Commission and the City of Naples shall appoint four (4) memb~-na to the Affordable Housing Commission; and WHEREAS. the tcro~s of two (2) membcr~ expired creating vacancies on this commission; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties. NOW. THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA. that: I. Mark L. Lindner is hereby reappointed to the Affordable Housing for a thr~ (3) year term, said term to expire on October 1, 2001, 2. Ctmstine E. Chesser is hereby appointed to the Affordable Housing for a three (3) year term, said term to expire on October 1, 2001. This Resolution adopted after motion, second and majority vote. DATED: November 24, 1998 aTTEST: DWIGHT Ei BR(~K, Clerk Attest as to Chairman's signature onl$, Approved as to ~and legalsufficiency; David C. Weigel ~ d~ County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BAR~RA-B. B-l~RRV,XChalr~ii~ , .k~n C. NOms O~SmCt 1 Jame~ O. Caler. Pn.D Diet,ct 2 ~s/~:tY3J, Constantine Pame~a S. Mac'Kie Dislrtct 4 Dl~t, tct 5 City of Marco Island Att: Chairman David Brandt 950 North Collier Boulevard Suite 308 Marco Island FL 34145 330t East Tamlaml Trail · Naples. F"~:~ida 34 $12-4977 (941) 774-8097 · FL (941) 774.3602 November 24, 1998 Dear Chairman Brandt: During today's regular meeting of the Board of County Commissioners, discussions were held with Sheriff Hunter regarding the ongoing issue of the funding of law enforcement services within the City of Marco Island. During that discussion we were informed by Marco Island City Manager Bill Moss that it is the intent of the City to develop and staff a police department in the current fiscal year. Mr. Moss also estimated that a functional law enforcement presence could not practically be in place prior to April 1, 1999. Given this information, it is clear that law enforcement service to the City of Marco Island will continue to be provided by the Collier County Sheriff at the very least through March 31. 1999. I have been directed by the Board of County Commissioners to formally request that the City of Marco Island contribute, from currently budgeted funds, its fair- share portion of the Shedfrs budget for this pedod. Based upon our previous analysis, this six-month contribution is $528,500. The Board of County Commissioners has operated in good faith and in a cooperative spirit in resolving the service delivery issues that have arisen pursuant to the Marco Island incorporation. It is my hope that the City will now assume the appropriate responsibility for the funding of law enforcement services within the city limits, Sincerely, Barbara B. Berry Chairman Board of Collier County Commissioners COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC IIEARINGS To: Clerk to the Board: Plea~ place the following o.~ a: .~CX Normal legal Ad'.'cmscmcnt (Dis'play Ad'.'. location, crc.) r-~ Othcr Petition No. (If none. §ivc bricl- description): PUD-90-19(2) Petitioner: (Name & Addrcssl: Clm'clnnd Clinic of Florida. Inc.. 3000 West C',-orcss Creek Reed. Ft. La~d,=~&sle. FL 33309 Name & Address o£any person(s) to bc notified by Clerk's Omce: (Il- more space Is needed, attach separate Yovanovich. Roctzcl & Andrcss, 850 Pork Shor~ Drive. Suite 300, Nnolcs. JF'L. ~4 Hearing before Xi~X BCC BZA Othcr RCqUCSled H~nng date: , Based on ;Idvcrll~COlCrll ~ppc,qrlng I.~ days Ix:rom heanng N¢~$papcrts) to bc used: {Complete only il' unportant): XY,~ .Naples Dail.~ ~cws Other [] Legally Required Proposed Text: (Include legal description & common Iocalion & Size' Companion pctmon(s), if,my & proposed hcanjdatc: ~ Petition Fcc lncJudc advcnisin§ cost? [] Yes [] No I£ Yes. %~ hal account shonld b¢ clmrgcd for advctlising costs: 113-138323-6491 l0 R°V~c,,'cd by: '~O ~(,.0- ~' ~/~"7':~',~ppro,.cd by: Division Head Date ~ Count.`,' Mam~ger Date List Attachments: DISTRIBI. TIQN IN~;TRU~TIONs For hearings before BCC or BZA: InhiafinR person to complete one coy and obtain Division ilead approval before submitting to County Manager. Note: If legal document is invoh'ed, be sure that any necessary lel~al review, or reques~ for same. is submitted to Count.`,' Attorney before submittinl[ to County Manager. The Manal~er's office will distribute copies: Clerk's O~ce ~ Ortl~nal B. Other hcanngs. Initiating Division head to approve and submit original {o Clerk's niece, retaining a copy for FOR CLERK'S OFFICE USE ONLY: Date Received: ?~,/..~,,~,.~t,?' Date of Public hearing: /,~,/,~ ~//~.~ Date Adv~-,ttJ=d: ORDINANCE 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 NUMBERED GGE25 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS ASTRON PLAZA, FOR PROPERTY LOCATED O~I THE SOUTH SiDE OF FINE RIDGE ROAD <C.R. 896) AND THE NORTNSIDE OF 10TM STREET S.W., iN SECTION 17, TOWNSHIP 49 SOUTH, P~NGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 8.56~ ACRES; PROVIDING FOR THE REPEAL OF-ORDINANCE NUMBER 90-69, AS AMENDED: AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Kenneth D. Cuyier c: Roetzei and Andress, P.A., represent:nE Tieueian~ Cllnlc cf Florida, [nc., petitioned the Board of County To~missicners 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 17, Township 49 South, Range 26 East, Collier County, Florida, is c~anged from "PUD" to "PUD" Planned Unit Development in accordance wlth the PUD Document, attached hereto as Exhibit "A", which is incorp~>rated herein and by reference made part hereof. The Official Zoning Atlas Map numbered $GE25, as described in Ordinance Nu~er 91-102, the Coil:ur County Land Development CoOe, SECTION TWO: Ordinance Number 90-69, as amended, is hereby amended accordingly. known as the Astron Plaza PUD, adopted on September Ii, 1990 by the Board of County ConLmissioners of Collier Ccunty, is hereby repealed in its entirety. SECTION THREE: This Ordinance snaii ~ecome erfectlve upon filing with the Department of State. 282 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this __ day of ., 1998. ATTEST: DWIGHT E. 3ROCK, 21erk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Approved as to Eorm and Legal Sufficiency Mar~e ~7 fth~eht Assistant County Attorney BY: BARBARA B. BERRY, Chairman A~l ~tON PLAZA A PLANNED UNIT DEVELOPI~fENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE ASTRON PLAZA, A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMEN~ CODE PREPARED FOR: CLEVELAND CLI~/IC OF FLORIDA, INC. 1 2B2. , PREPARED BY: THE V-GROUP OF FLORIDA, INC. 5150 TAMIA]~ TRAIL NORTH, SUlf£//303 NAPLF_.~, FLORIDA 34103 ROI=izEL & ANDRESS. A LEGAL PROFESSIONAL ASSOCIATION 850 PARK SHORE DRIVE NAPLF.,~, FLORIDA 34103 DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL EXHIBIT "A" LIST OF EXHOrtS AND TABLES STATEMENT OF COMPLIANCE SECTION I PROPERTY OWNERSI-I~ & DESCRIPTION SECTION II PROJECT DEVELOPMENT REQUIREMENTS SECTION III COIvIIVlERCIAL AREAS PLAN SECTION IV DEVELOPMENT COMMITMENTS i ii 1 7 LIST OF EXHIBITS AND TABLES EXHIBIT A Location Map/PUD Master Plan STATFSViENT OF COMPLL,~CE The development of this project will be in compliance with the planmn8 goals and objectives of Collier Counry as set forth in the Growth Management Plan. This compliance includes: 5. 6. 7, The subject property is located in an trea identified ~ an Activity Center in the Growth Management Plan for Collier County. Activity Cemers are the preferred locations for [he concentration of commercial and mixed use development activities. The subject tract is located on the southwest comer of the Pine Ridge Road ~nd Oaks Boulevard intersection. This strategic location allows the site superior acce~ for [he pi.cement of commercial activities. The project shall be in compliance with all applicable County regulations including the Growth Management Plan. The project will be served by a complete range of services and utilities M approved by [he County. The project is compatible with adjacent land uses through the imemal arrangemenl of structures, the placement of land use buffers, and the proposed development standards cont~aed herein. The Planned Unit Development includes open spaces and natural features which ~re preserved from future development in order to enhance [heir natural funaion~ and to serve u project amenities. All final local development orders for [his pwject ~'e subject to the Collier County Adequate Public Facilities Ordinance. SECTION I PROPERTY OWNER:sHiP AND DESCRIPTION 1.1 PURPOSE. The purpose of this Section is to set forth the location ~ ownership of thc property, and to describe the existing conditions of the propere] proposed to be developed under the project name of The Astrou Plaza PUD. 1.2 .~g~.~.~,p,~ The subject propewy being 8.$6 acres, is described as: Description of land surveyed being a part of Tract I0. Tract 25, and Tract 26 of Golden Gate Estates, Unit No. 33 (P.B.6, Page 70), Collier County, Florida. Containing 7.63 acres more or less a~ follows: All that part of Tract 10 of Golden Gate Estates Unit No. 33 according to the plat thereof as recorded in Plat Book 6, Page 70, Public Records of Collier County, Florida: LF~S AND F. XCEPTING therefrom the parcel described as Pa.-cci 138 in Official Records Book 850, Page 1597. Public Records of Collter County, Florida; subject to easements ~ restrictions of recorda; containing 1.59 acres more or less; All that p~-t of Tract 25 of Golden Gate Estates Unit No. 33 according to the plat thereof as recorded ia Plat Book 6, Page 70, Public Records of Collier County, Florida,; LR.RS AND EXCEFrI~G therefi'om that parcel deserl'b~d as Parcel II3-R in Official Records Book 970, Page 705, Public Records of Collinr County, Florida; subject to easement and restrictions of record; containing 2.94 acres more or less: All that part of Tract 26 of Golden Gate Estates Unit No. 33 ~ccording to the plat thereof as recorded in Plat Book 6. Page ?0, Public Record.~ of Collier Cotmty, Florida; LESS AND EXCEPTING therefrom that Pa~.el described as Pa.w~l 139 in Official Records Book 850. Page 1598, Public Records of Collier Coum'y, Florida; subject to enseme~s and restrictions of record; conemtnln~ 3.10 aci'l:~ mol~ or less. Thc north forty feet (40') of the south seventy feet (70') of Tract 10, Tract 25, Tract 26, of Golden Gate Estates Unit 3]. r~corded in O.R. Book 2224, Page 998. Collier County, Florida. 2B2 1.3 PR P RTY ~ . The subject property is currently under the ownership of Cleveland Clinic of Florida, Inc., a Florida not-for-profit corporation. 1.4 GENERAL DESCRIPTION OF PROPERTY AREA The project site is located in Section i?, Township 49 South, Range 25 East, The property is bordered to the noah by Pine Ridge Road. to the East by Oaks Boulevard, to the South by 10th Street SW and to the Wast by the 1-75 c~nal adjacent to Interstate 75. The zoning classification of the subject property prior to the date of this approved PUD Document was PUD. 1.5 PHY I . The project site is located within the South Florida Water Management District (SFWMD) and the surface water management system will be designed in accordance with SFWMD criteria. the west side of the site which will retain/detain the water prior to discharge into the 1-75 The project site currently consists of a mix of mainly pines and palmettos and other upland species. Soils as per the Soil Survey of Collier County, Florida. issued by the U.S. Depara'nent of Agricultural (Soil Conservation Service. March [954) show an approximate 50/50 mix of Boca Fine Sand and Malibar Fine Sand. The site is within Flood Insurance Rate Map Zone X. Thc building finish floor elevations and pavement elevations will be determined by routing of the I00 year and 25 year 3 day storm events. 1.6 The project is intended to comprise a hotel/motel, medical uses, commercial uses and other retail uses. 1.7 This Ordinance shall be known and cited as the "The Astron Plaza Planned Unit Development Ordinance." SECTION Il PROJECT DEVELOPM~_,NT REQ~ 2.1 PURPOSE. The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. 2.2 GENERAL. Regulations for development of the Astron Pl~a PUD shall be in m:cordance with the contents of this document, PUD-Planned Unit Development District and other applicable sections and parts of the Collier Cotmty La~d Development Cede and Growth Management Plan in effect at the time of buiidtn~ permit application. Where these regulations fail to provide developmental standards the~ the provisions of the most siml]~' district in the County Land Development Cede shall apply. UnJess otherwise noted, the definitions of all terms sbnil be the same as the definitions set forth in Colllet County Land Development Cede in effect at the time of building permit application. All conditions imposed and all graphic material presented depicting resections for the development of the Astrol~ Plaz~ PUD sh~ become past of the regulations which govern the manner in which the PUD site may be developed. Unless medified, waived or excepted by this PUD the provisions of other sections of the Land Development Cede where applicable remain ia full force and effect with ~t to the development of the land which comptLmes tills PUD. Developmem permhted by the approval of ~ petition will be mbject to a concurrency review under the provisions of DtvL~ion 3.1~ Adequ~e Public Facilities of the LDC at the ca:liest or r~xt to occur of either final SDP approve, final plit approval, or building permit issuance applicable to ttds developme~. DESCRFPTION OF PROJECT PLAN AND PROPOSED I. AND US'~-q A. The project Master Plan is illustrated graphically by Exhibit "A", PUD Master Development Plan. 3 2.4. DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USE The Astron Plaza PUD will be d~elopod aa a commercial PUD. The density or intensity of nsc will be determined bued upon the development stand.is set forth in ~ document and the applicable provisions of the Collier County Lind Development Code. 2.5. RELATED PROJECT PLAN APPROVAL REOUIREMENTS, Prior to the recording of a Record Plat, and/or Condominium Plat for all or pm of the PUD, final plans of all required improvemenm shall receive approval of the appropriate Collier County governmental agency to insure compliance with the PUD Master Plan, the Collier Coumy Subdivision Code and the plaiting laws of the State of Florida. Exhibit "A', PUD Master Plan, constitutes the required PUD Developmem Plan Subsequent to or concurrom with PUD approval, a Prelimlmry Subdivision Plat if applicable shall be sub,mined for the entire area covered by the PUD Master Plan. Any division of property and the development of the land shall be in compliance with Division 3.2 of the Collier County Land Development Code, and the platting laws of the State of Florida. The provisions of Division 3.3 of the Collier County Land Development Code, when applicable, shall apply to the development of all plaited tracts, or parcels of land as provided in said Division. Appropriate instruments will be provided at the time of infr~trucmral improvements regarding any dedications and method for providing perpetual maintenance of common facilities. 2*6. AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN. Amendments may be made to the PUD as provided in the Collier Cotmty Land Development Code, Section 2.7.3,5. 2.7 ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA MAIlqTENANCE. Whenever the developer elect~ to create land area and/or amenities whose ovmerlhip and maintenance responsibility is a common interest to all of the rabeequnat iRuglmaeta of property within said development in which the common imerest is I~L-0_, that developer entity shall provide appropriate legal instrumcota for the estlblishraunt of I Property Owners' Association or a reciprocal easement agreement among all property owners for the perpetual care and maintenailce of all common facilities and open space subject further to the provisions of the Collier County Land Development Code, Section 2.2.20,3.8. 3.1 1 2B2m . 3.2 Any community recr~uiun/public building/public room Io~!~ wi-,hln the A.su'on ps,-,~ Pt~D may ba t~ed for · polling place, if de,errata,4 nece~ary by tha Supervisor of Elections, in aceoMance with Section 2.6.30 of the Colller County Land Development Code. SECtiON In' COM~4ERCIAL AREAS PLAN Th~ purlx~se of this Section is to ideotify the type of Commercial Uses and development stnnanrd.s for the Astzon Plaza PUD. No building or structure or pan thereof, shall be erected, alt.red or med. or land u.~d, in whole or pan, for other than the following: A. Pfincioal U~ 1. Miscellaneous retail (Groups 5912, 5941-5949) 2. In.mrance and Real Estate Offices (Groups 6311-6399, 6411, 6512) 3. Hotels and Motels (Group 7011) 4. Legal Services (Group 8111) 5. Engineering, Accounting, Re~ea.,r.h, Management and related seladces (Group 8721-8749) 6. Apparo[ ami accessory gtor~ (Groups 5611, 5621, 5641, 56~1, 5661, 5699) 7. Depository Institutions (Groups 6021-6062) 8. Child Day Cal~ Services (Group 8351) 9. Group care facilitie~ (category Itnd H, except for homeless shelters); Florida gts~_~_, and Cbap~r 5SA-$ F.A.C; and cunttn~ln~ cax'a retirement communities purmant to C~apter 651, Florida $t,,~,,,~ and Chapter 4.192 F.A.C; all subject to §2.6.26 of th~ LDC. i0. 11. Individual and family services (Group 8322); activity centers for/he elderly and handicapped; adult day cate ~,-~ers; ~I~ day ca/e cen~ers, adult and handic~ped only. Eating places (Group 5812 only). All establishments engaged in retail sale of alcoholic beverages for on-premises consumption are subject to locational requirements of §2.6.10 of the LDC. 12. Health services (Groups 8011-8059); wellness center. B. ACCes$OD/ Uses 1. Parking lots 2. Signs 3. Other 3.4 DEVELOP1V~q~T STANDARDS. A. The following are the development standards within the PUD: I. ~ - Thiny-nthe Thousand (39.000) square feet. 2. ~ - One Hundred FIR'/feet (150'). 3. Minimuffl yard Reouirements (a) Co) (c) (d) (e) Front Yard - Fifteen feet (15') from the international road fight- of-way or road easement line. Side Ys_~I - One-half (1/2) of buildtn8 height with a ten fco~ (10') minlmttm. Building setback from the Pine Ridge Road and Oaks Boulevard fight-of-way - Twenty-five feet (25'), Building setback from the 1-75 CanaJ. Easement - Twenty-five feet (25'), Building Setback from 10th Avenue SW right-of-way - Fifty feet (50'). Distance Between Principal Structures - FiReen feet (15') or a distance equa~ to one-half (1/2) the sum of the building hetghts, whichever is greater. ~ - Five (5) habitable stories over one story of parkta8, not to exceed sixty feet over one story of parking. The building setback set forth in Section 3.4 (A)(3)(e) above sha~l be increased to one hundred twenty-five feet (125') between the 10th Avenue SW property line and any structure constructed to five (5) habitable stories over parking. Minimurll F]~or Area of Princioal Structure - One Thousand (1.000) squsze feet per building on the ground floor. Lighting: All lights sl~ll be located ~d oriented in such a manner so as not to produce glare onto adjacent roadways or nearby properlies. Prior to any site plan approvals or the s.le of any fractional pat~ of the project/site, the owners sh~l establish ~ record covenants ~:l/or deed restriction applicable to all of the properties under this PUD. These eovet~nts ~nd/or deed restrictions sltall set one consistent theme for ~trchkecmral design ~ sign~ge so that all individual parcel developments st~ll I~ve comp~t, ible character, color schemes, roof materi~ls, and stg~ge design. Said rc~.flations, covenants, and/or deed restrictions shall be of acceptably high stand,~ts ;md sh~ll be enforced by the owner and developer. All development shall comply with the architecmnd standards set forlh in the Collier Coun~ Land Development Code. PROVISION FOR OFF-SITE REMOVAL OF EARTHEN MATERIAL The excavation of earthen material and its stockpiling in prepar~ion of water manageman! facilities or to otherwise develop water bodies is hereby pei'~itted. If after consideration of f'fll activities on those buildable portions of the project site are such that there is a surplu~ of ea~hen material then its off-site disposal is also hereby permitted subject to the following conditions. Excavation activities shall comply with the definition of a *development excavation" pursuant to Division 3.5 of the Land Development Cede whereby off-site removal shall be limited to i0% of the total up to a maximum of 20,000 cubic yards. 2. Alt other provisions of said Division 3.5 are applicable. SECTION IV DEVELOPM~NT COM~,L~TM~ENTS 4.1 PURPOSE. The purpose of this Section is to set forth the development commitmems for the development of the project. All facilities shall be constructed in strict accordance with Final Site Development Plans. Final Subdivision Plan~ and all applicable State and local laws. codes, and regulations applicable to this PUD. Except where specifically noted ot stated otherwise, the standards and specification of the Land Development Code of Division 3.2 shall apply to this project even if the land within the PUD is not to be platted. The developer, his succ~or and assigns, shall be responsible for the commitments outlined in this document. The developer, his successor or assignee, shall agree to follow the Master Plan and the regulations of the PUD as adopted, and an)' other conditions ot modifications as may be agreed to in the rezonin8 of the property. In addition, any ~uccessot ot assignee in tide is bound by the commitments within this agreement. 4.3. PUD MASTER Exhibit 'A' PUD Master Plan illustrates the proposed development and is conceptual in nature. Subject to the provisions of Section 2.7.:3,5 of the Land Development Code amendments may be made from time to time. All nec~sai'7 easements, dedications, or other instmmants shall be grated to insure the continued operation and maintenance of all service utilities ted all common areas in the project. SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION. The proposed start date of the project is within three (3) years of approval of the PUD and completion date is within five (5) yeera of approval. This PUD shall be subject to the Sunset Provisions of Section 2.7.3.~. of ~e Land Developme~ Code. Monitorinl Renon: An annual monitoring report shall be submitted purmant to Section 2.7.3.6 of the Collier County I..aod Development Code. 4.5 TRANSPORTATION. Streets shall be private and located within a fifty foot (50') casement. Project design and constroction shall meet or exceed Collier County standards in effect at the time of construction plan approval. All traffic control devices used. excluding street signs, shall co~orm with the Manual on Uniform Traffic Control Devices (Chapter 316.0747 Florida Statutes). There shall be only one point of acne. s to the project from Oa~ Boulevasd ~d it shall be approximately centered on that fromage. There shill be no tight tums out onto Oaks Boulevard and no left turns onto the property off of Oaks Boulevard. The Developer shall construct a south-bound right turn lane on Oaks Boulcvard at the project entrance. E. Thc developer shall provide collector level street lighting at the project. The above improvements are co~idered 'site r~lared* as defined in tho Collier County Road Impact Fee Ordinan~ ~ shail not be applied as credit~ tow~xl any impact fees required by that Ordinance, They shall be in place befot~ any certificate of occupancy are issued. Payment of impact fees shall be hi accordance with the fee schedule as set forth hi the Collier County Road Impact Fee Ordinance. Work within Collier County right, of-way shall meet the requirement~ of Collier County Right-of-Way Ordinance No. 93-64. 4.6 WATER MANAGEMENT REGULATIONS. An excavation permit will be required for the proposed detention area hi accordance with Collier County Regulations and South Florida Water Management District. Detailed landscape and water management plans and water management calculations shall be submitted to show that the r~tuired quantity of water can be provided in the area jointly used as a land.scape and drainage easement. 4.7 ENGINEERING. Design and construction of all improvements shall be subject to compliance with appropriate provisions of the Collier County Land Development Codo. Division 3.2 Subdivisions. This project shall be required to meet all County Ordinances in effect at the time final construction documents are submitted for development approval. 4.8 UTILITIES. Water distribution, sewage collection and transrai~ion water facilities to serve the project are to be designed, cnn~tructcd, convoyed, owned and malma, in~ 'n accordance with Collier County Regulatious and Otdinanoes. All customen connecting to the water distribution and. sowago collection facilities to be constl%lcted will be customers of the County ~nd will be billed by the County in accordance with the County's established rates. The existing off-site water facilities of the District mu~t be evaluated for hydraulic capacity to serve this project and reinforced as r~:luired, if comistent with the County's Water Master Plan to insure that thc District's watec system can hydraulically provide a sufficient quantity of water to meet the anticipated demands of the project and thc District's existing committed capacity. 9 I 2B2 Appropriate easements for the projects internal w~at mad sewer ~y~mn shall be documented on the construction plans and shall be dedicated to the Collier County Water Sewer District. Construction drawings, technical specific,~ions and all peninem L~'onnm~on s[~ll be submitted in acco~d~co with the applinabl¢ Collier County o~ix~ce ~co in effect and shall be approved prior to the issuance of butldtalt permits. Power, telephone, cable television and any additional utilities that may initially or at some future date serve the projecL shall be installed .. pet Collier Coun~ Ordinances ~d in compliance with any other applicable suite or county laws, codes, and regulations. 4.9 ENVIRONMENTAL REGULATIONS. Aa appropriate pordon of native vegetation shall be retained on site u required in Section 3.9.5.5.4 of the Land Development Code. Aa exotic vegetation removal, monimri~g and maituenance (exotic free) plan for the site, with emphasis on areas of retalaed n~ivc vegetation, shall be submined to Current Planning Environmental SutY tot review and approval prior to flnzl site plan/construction plan approval. 4.10 ACC'F-~SORY ~U~m Accessory structures shall be constructed simultaneously with or following the construction of the principal stmcturo exccpt for a construction site offi'"' and model 4.11 SIGNS. All sign~ shall be in accordance with Division 2.5 of the Land Development Code, 4.12 Landscaping buffers shall be provided es follows: A. All internal landscape buffers shall be ten feet (10') wide. B. A twenty foot (20') wide landscape buffer easement shall be provided along Pine Ridge Road. C. A Type B landscape buffer shall be provided along 10th Avenue ~ Oaks Boulevard. In addition, a three foot (3') high hedge at tluee feet (3') on-cemet shall be planted on the right-of-way side of the wall and the trees shall be fourteen feet (14') to sixteen feet (16') in height. 10 ( :l.n,~.l.ud.lng ~ 2dl I!!i!illlli11111111111111111111111111111111111!!1111111111111111 TdQ~LTZO~I ILul,UDAZ~]i~IS . Iillilillllililllllllllllllllllilllililiill~iilllllllliilllilll ~al:e oont:t ..4- . . . October 30, 1998 Ms. Joyce Blazier Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to Consider Petition PUD-90-19(2) Dear Joyce: Please advertise the above referenced notice one time on Sunday, November 8, 1998, and kindly send the Affidavit of P~blication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ellie Hoffman, Deputy Clerk Purchase Order No. 912501 October 30, 1998 Cleveland Clinic of Florida, Inc. 3000 West Cypress Creek Road Ft. Lauderdale, FL 33309 Re: Notice of Public Hearing to Consider Petition PUD-90-19(2) 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 Dublished in the Naples Daily News on Sunday, Nove~r 8, 1998. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure 12B2 October 30, 1998 Mr. Kenneth B. Cuyler Roetzel and Andress, P.A. 850 Park Shore Drive, Suite 300 Naples, FL 34103 Re: Notice of Public Hearing to Consider Petition PUD-90-19(2) 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 T~Y~ NOVEMBER 24r 1998f in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED GGE25 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS ASTRON PLAZA, FOR PROPERTY LOCATED ON THE SOUTH SIDE OF PINE RIDGE ROAD (C.R. 896) AND THE NORTHSIDE OF 10TH STREET S.W., IN SECTION 17, TOWNSHIP 49 SOUTH, RA/gGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 8.56 * ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NIIMBER 90-69, AS AMENDED: AND BY PROVIDING AN EFFECTIVE DATE. Petition No. PUD-90-19(2), Kenneth B. Cuyler of Roetzel and Andress, P.A., representing Cleveland Clinic of Florida, Inc., requesting a rezone from "PUD" to "PUD" Planned Unit Development known as Astron Plaza 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: Ail persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COM~ISSIO}~ERS COLLIER COUNTY, FLORIDA BARBARA B. BERRY, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Ellie Hoffman, Deputy Clerk (SEAL) ,._ 1 2B2 AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT 'q©DE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UN£NCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED GGEPS HY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FRCM "PUD" TO "PUD" PLANNED UNIT DEVELOPFIENT ENOWN AS ASTRON PLAZA, FOR PROPERTY LOCATED ON THE SOUTH SIDE OF PINE RIDGE ROAD I].p. ~q6) AND THE NORTHSIDE OF 10TM STREET S.W., iN SECTION 1', TOWNSHIP 49 SOUTH, RANGE ?~ EAST, COI,LiER COUNTY, FLORIDA, CONSISTING OF 8.5a* ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 90-69, AS AMENDED; AND BY PHOVIDING AN EFFECTIVE DATE. WHEREAS, Kenneth B. Cu¥'ler of Roetzel and Andress, P.A., representing Cleveland Clinic o~ Florida, Inc., petitioned the Board of County Co~unissioners to change the zoning classification of the herein described real property; NOW THEREFORE BE IT ORDAINED BY ~HE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA; SECTION ONE: The Zoning ilasslfication of the herein described real property located in Seztlon 17, Township 49 South, Range 26 East, Collier County, Florida, is changed fromm "PUD" t~ "PUD" Planned Unit Development in accordance wi~ h the PUD Document, attached ho~etc as Exhibit "A", which ~S Incorporated he~eln an~ by te~,~ronce made ~..~t hereof. The Official Zoning A: i ~s NaF numbered ,;GK2%, as desct iben ~n Ordinance Number 91-102, the Col] ie~ O,unty Land [)ev.~lopmen~ Code, 1~ hot,,by amended accordingly. SECTION TWO: Ordinanc,~ Number 90-6% as amended, known as the Astron Plaza PUD, adopted on September 11, 1~90 by the Board o~ County Commissioners of Collier Countv, :s hereby repealed in its entirety. SECTION THREE: This Ordinance shall ~ecome effective upcn filing with the Department of State. · ' z2BZ PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ~ day of/'~~~ 1998. ATTEST: DWIGHT E, BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Appro{~ed as to Form and Legal Sufficiency BARBA~--B.~-~ERRY, Chairman Mar~'~e ~T fthdeht Assistant County Attorney ASTRON PLAZA A PLANNED UNIT DEVEI,OPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE ASTRON PLAZA, A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: CI,EVELAND CLINIC OF FLORIDA, INC. PREPARED BY: TIlE V-GROUP OF FLORIDA. INC. 5150 TAMIAMI TRAIL NORTH. SUITE #303 NAPLES. FLORIDA 34103 ROETZEL & ANDRESS. A LEGAL PROFESSIONAL ASSOCIATION 850 PARK SHORE DRIVE NAPLES, FLORIDA 34103 DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL EXHfBIT "A" 1 LIST OF EXHIBITS AND TABLES STATEMENT OF COMPLIANCE SECTION I PROPERTY OWNERSHIP & DESCRIPTION SECTION Il PROJECT DEVELOPMENT REQUIREMENTS SECTION III COMMERCIAL AREAS PLAN SECTION IV DEVELOPMENT COMMITMENTS i ii 1 3 5 7 LIST OF EXIlIBITS AND T.~l~l.~-q EXHIBIT A Location Map/PUD Master Plan III STATEME]WT OF COMPLIANCE The development of this project will be in compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan. This compliance includes: 5. 6. 7. The subject property is located in an area identified as an Activity Center in the Growth Management Plan for Collier County. Activity Centers are the preferred Iocatio~ for the concentration of commercial and mixed use development activities. Thc subject tract is located on the southwest corner of the Pine Ridge Road and Oaks Boulevard intersection. This strategic location allows the site superior access for the placement of cornmercial activities. The project shall be in compliance with all applicable County regulations including the Growth Management Plan. The project will be served by a complete range nf services and utilities as approved by the County. The project is compatible with adjacent land uses through the internal arrangement of structures. the placement of land use buffers, and the proposed development standards contained herein. The Pla[reed Unit Development includes open spaces and natural features which are preserved from future developmen~ in order to enhance their natural functions and to serve as project amenities. Ail final local development orders for this project are subject to the Collier County Adequate P~blic Facilities Ordinance. 12 2' SECTION 1 PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE. The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of The Astron Plaza PUD. 1.2 I The subject proper~y being 8.56 acres, is described as: Description of land surveyed being a part of Tract 10, Tract 25, and Tract 26 of Golden Gate Estates. Unit No. 33 (P.B.6, Page 70). Collier County, Florida, Containing 7.63 acres more or less as follows: All that part of Tract 10 of Golden Gate Estates Unit No. 33 according to the plat thereof as recorded in Plat Bock 6, Page 70, Public Records of Collier County, Florida: LESS AND EXCEPTING therefrom the parcel described as Parcel 138 in Official Records Book 850. Page 1597. Public Records of Collier County. Florida; subject to easements and restrictions of records; containing 1.59 acres more or less; All that part of Tract 25 of Golden Gate Estates Unit No. 33 according to the plat thereof as recorded in Plat Book 6, Page 70, Public Records of Collier County, Florida; LESS AND EXCEPTING therefrom that parcel described as Parcel 113-R in Official Records Book 970, Page 705, Public Records of Collier County, Florida; subject to easement and restrictions of record; containing 2.94. acres more or less: Ail that part of Tract 26 of Golden Gate Estates Unit No. 33 according to the plat thereof as recorded in Plat Book 6. Page 70. Public Records of Collier County, Florida; LESS AND EXCEPTING therefrom that parcel described as Parcel 139 in Official Records Book 850, Page 1598, Public Records of Collier County, Florida; subject to easements a. nd restrictions of record; containing 3.10 acres more or less. The north forty feet (40') of the south seventy feet (70') of Tract 10, Tract 25, Tract 26, of Golden Gate Estates Unit 33. recorded in O.R. Book 2224, Page 998, Collier County, Florida. 12B2 1.3 PROPERTY OWNE~I~;[ Il P. The subject property is currently under the owuership of Cleveland Clinic of Florida. Inc.. a Florida not-for-profit corporation. 1.4 GENERAL DESCRIPTION OF PROPERTY AREA. The project site is located in Section 17, Township 49 South, Range 25 East. The property is bordered to the north by Pine Ridge Road, to the East by Oaks Boulevard, to the South by 10th Street SW and to the West by thc 1-75 canal adjacent to Interstate 75. The zoning classification of the subject property prior to the date of this approved PUD Document was PUD. 1.5 PHYSICAL DF~CRIPTION The project site is located within the South Florida Water Management District {S F'~(i',,ID) and the surface water management system will be designed in accordar~e with SFWMD criteria. Stormwater runoff from the site will be directed to a surface water management area near the west side of the site which will retain/detain the water prior to discharge into the 1-75 canal The project s~te currently consists of a mix of mainly pines and palmettos and other upland species. Soils as per the Soil Survey of Collier County, Florida, issued by the U.S. Department of Agricultural (Soil Conservation Service, March 1954) show an approximate 50150 mix of Boca Fine Sand and Malibar Fine Sand. The site is within Flood Insurance Rate Map Zone X. The building finish floor elevations and pavement elevations will be determined by routing of the 100 year and 25 year 3 day storm events. 1..6 PROJECT DESCRIPTION. The project is intended to comprise a hotel/motel, medical uses. commercial uses and other retail uses. 1.7 SHORT TITLE. This Ordinance shall be known and cited as the 'The Astron Plaza Planned Unit Development Ordinance,' 2 12B2 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE. The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. 2.2 GENERAL Regulations for development of the Astron Plaza PUD shall be in accordance with the contents of this document, PUD-Planned Unit Development District and other applicable sections and pans of the Collier County l.and Development Code and Growth Management Plan in effect at the time of building permit application. Where these regulatiom fail to provide developmental standards then the provisions of the most similar district in the County Land Deve[optnent Code shall apply, Unless otherwise noled, the definitions of all terms shall be the same as the definitions set forth in Collier County Land Development Code in effect at the time of building permit application. All conditions imposed and all graphic material presented depicting restrictions for the development of the Astron Plaza PUD shall become part of the regulations which govern the manner in which the PUD site may be developed. Unle.~s modified, waived or excepted by this PUD the provisions of other sections of the Land Development Code where applicable remain in ball force and effect with respect to the development of the land which comprises this PUD. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15 Adequate Public Facilities of the LDC at the earliest or next to occur of either final SDP approval. final plat approval, or building permit issuance applicable to thi~ development. 2*3* DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES, A. The project Master Plan is illustrated graphically by Exhibit 'A", PUD Master Development Plan. 12B2 2..1. DESCRIPTION OF PROJECT DENSITY OR Ii',rI'ENSITY OF LAND USE The Astron Plaza PUD will be developed as a commercial PUD. The density or intensity of use will be determined based upon the development standards set forth in this document and the applicable provisions of the Collier County Land Development Code. 2.5. RELATED PROJECT PLAN APPROVAL REOUIREMENT$. Prior to the recording of a Record Plat, and/or Condominium Plat for all or part of the PUD, final plans of alt required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with /he PUD Masler Plan, Ihe Collier County Subdivision Code and the platting laws o~' the Stale of Florida. Exhibi~ "A", PUD Master Plan, constitutes the required PUD Development Plan Subsequent tu or concurrent with PUD approval, a Preliminary Subdivision Plat if applicable shall be submitted for the entire area covered by the PUD Master Plan. Any division of property and the development of the lam:l shall be in compliance with Division 3.2 of the Collier County Land Development Code. and the platting laws of the State of Florida. The provisions of Division 3.3 of the Collier County Land Developmant Code, when applicable, shall apply to the development o~' all platted tracts, or parcels or' land as provided in said Division. Appropriate instruments will be provided at the time of infra.structural improvements regarding any dedications and method for providing perpetual maintenance of common facilities. 2.6. AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAIN. Amendments may be made to the PUD as provided in the Collier County Land Development Code, Seclion 2.7.3.5. 2.7 ASSOCIATION OF PROPERTY OWNERS FOR COMMOiq ,AREA Whenever the developer elects to create land area and/or amenitiea whose ownership and maintenance responsibility is a common interest to all of the subsequent puroha~ers of prc?erty within said development in which the common interest is located, that developer entity shall provide appropriate legal instruments for the establishment of a Property Owners' Association or a reciprocal easement agreement among all property owners for the perpetual care and maintenance of all common facilities and open space subject further to the provisions of the Collier County Land Development Code, Section 2.2.20.3.8. 4 I Ill 2B2 Any community recreation/public building/public r~om located wihMn th~ A.~on Plaza PUD may be used for a polling place, if determined necessao, by the Supervisor of Elections, in accordance with Section 2.6.30 of the Collier County Land Development Code. SECTION Ill COMMERCIAL AREAS PLAN 3.1 The purpose of thi~ Section is to identify the type of Commercial Uses ~xi development standa~ for the Astron Plaza PUD. 3.2 No building or structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Pdncioal 1. Miscellaneous retail (Groups 5912, $941-5949) 2, [nsuraneo and Real Estate Offices (Groups 6311-6399, 5411, 6512) 3. Hotels and Motels (Group 7011) 4. Legal Services (Group 811 I) 5. Engineering, Accounting, Research, Management and related service$ (Group 8721-8749) 6. Apparel and accessory storns (Groups 5611, 5621, 5641, ";651, $661, 5699) 7. Depository Institutions (Groups 6021-6062) 8. Child Day Care Services (Group 8351) 9. Group care facilities (category I and II, except for homelnss shelters); care units; nursing homes; aa$isted living facilities pursuant to ~100,402, Florida Statutns, and Chapter 583,-5 F.A.C; ~ contt~uin$ cate retirement communities pursuant to Chapter 651, Florida Statutes and Chapter 4-193 F.A.C; all subject to §2.6.26 of the I. DC. 10. 11. Individual and family services (Group 8322): activity centers for the elderly and landicapped: adult day care centers: and day care centers. adult and handicapped only. Eating places (Group 5812 only), All establishments engaged in retail sale of alcoholic beverages for on-premises consumption are subject to locational requirements of §2.6.10 of the LDC. 12. Health services (Groups $011-8059); wellness center. B. Accessory Uses 1. Parking lots 2. Signs 3. Other 3.4 DEVELOPMI~NT STANDARDS. A. The following are the development standards within the PUD: 1. Minimum Lot Area - Thirty-nine Thousand (3%000) square feet. 2. Minimum Lot Width - One Hundred Fifty feet (150'). 3. Minimum Yard Renuirements (a) Front Yard - Fifteen feet (15') from the international road right- of-way or road easement line. (b) Side Yard - One-half (1/2) of building height with a ten foot (10') minimum. (c) Building setback from the Pine PJdge Road and Oaks Boulevard right-of, way - Twenty-five feet (25'). (d) Building setback from the 1-75 Canal Easement - Twenty-five feet (25'). (e) Building Setback from 10th Avenue SW right, of-way - Fifty feet (50') provided, however, a building setback of one hundred twenty-five feet (125') shall be required between the loth Avenue SW property line and any structure constructed to four or five stories in height. Distance Between Prineioal Structures - Fifteen feet (15') or a distance equal to one-half (1/2) the sum of the building heights, whichever ia greater. 5 Maximum Hciiht of Structures - Sixty feet (60'). Minimum Floor Area of Pfineioal Structure - One Thousand (I,O00) square feet per building on the ground floor. 6 Lighting: All lights shall be located and oriented in such a manner so as not to produce glare onto adjacent roadways or nearby properties, Prior to any site plan approvals or the sale of any fractional part of the project/site, the owners shall establish and record covenants and/or deed restriction applicable to all of the properties under this PUD. These covenants and/or deed restrictions shall set one consistent theme for architectural design and signage so that all individual parcel developments shall have compatible character, color schemes, roof materials, and signage design. Said regulations, covenants, and/or deed restrictions shall be of acceptably high standards and shall be enforced by the owner and developer. All development shall comply with the architectural standards set forth in the Collier County Land Development Code. PROVISION FOR OFF-SITE REMOVAL OF EARTHEN MATEI~AI, The excavation of earthen material and its stockpiling in preparation of water management facilities or to otherwise develop water bodies is hereby permitted. If after consideration of fill activities on those buildable portions of the project site are such that there is a surplus of earthen malerial then its off-site disposal is also hereby permitted subject to the following conditions. Excavation activities shall comply with the definition of a 'development excavation' pursuam to Division 3.5 of the Land Development Code whereby off-site removal shall be limited to I0% of the total up to a maximum of 20.000 cubic yards. 2. All other provisions of said Division 3.5 are applicable. SECTION IV DEVELOPMENT COMM ITMEN"FS 4.1 PLrRPOSE. The purpose of this Section is to set forth the development commitments for the development of the project. 4.2. GENERAl. Ail 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 otherwise, the standards and specifications of the Land Development Code of Division 3.2 shall apply to this project even if the land within the PUD is not to be platted. The developer, his successor 7 12B2 ' and assigns, shaU be responsible for the commitments outlined in this document. The developer, his successor or assignee, shall agree to follow the Master Plan and the regulations of the PUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor or assignee in title is bound by the commitments within this agreement. 4.3. PUD MASTER PLAN. Exhibit 'A' PUD Master Plan illustrates the proposed development and is conceptual in nature. Subject to the provisions of Section 2.7.3.5 of the Land Development Code amendments may be made from time to time. All necessaD' easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. S¢ttEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION. The proposed start date of the project is within three (3) years of approval of thc PUD and completion date is within five ($) years of approval. This PUD shall be subject to the Sunset Provisions of Section 2.7.3.4 of the Land Development Code. Monitorin~ Report: An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County Land Development Code. 4,5 TRANSPORTATION Streets shall be private and located within a fifty foot (50') easement. Project design and construction shall meet or exceed Collier County standards in effect at the time of construction plan approval. All traffic control devices used, excluding street signs, shall conform with the Manual on Uniform Traffic Control Devices (Chapter 316.0747 Florida Statutes). There shall be only one point of access to the project from Oaks Boulevard and it shall be approximately centered on that frontage. There shall be no right turns out onto Oaks Boulevard and no left turns onto the property off of Oaks Boulevard. D The Developer shall construct a south-bound right turn lane on Oaks Boulevard at the project entrance. E. The developer shall provide collector level street lighting at the project. Thc above improvements are considered 'site related" as defined in thc Collier County Road Impact Fee Ordinance and shall not be applied as credit~ toward any impact fees required by that Ordinance. They shall be in place before any certificate of occupancy arc issued. Payment of impact fees shall be in accordance with the fcc schedule as set forth in thc Collier County Road Impact Fcc Ordinance. Work within Collier County right-of-way shall meet the requirements of Collier County Right-of. Way Ordinance No. 93-64. 4.6 WATER MANAGEMENT REGULAT1QtNS. An excavation permit will be required for the proposed detention area in accordance with Collier County Regulations and South Florida Water Management District. Detailed landscape and water management plans and water management calculations shall be submitted to show that the required quantity of water can be provided in the area jointly used as a landscape and drainage easement. 4.7 ENG--. Design ~nd construction of all improvements shall be subject to compliance with appropriate provisions of the Collier County Land Development Code. Division 3 2 Subdivisions. This project shall be required to meet all County Ordinances in effect at the time final consmmtion documents are submitted for development approval. 4.8 UTILITIES. Water distribution, sewage collection and transmission water facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance wilh Collier County Regulations and Ordinances. 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. Thc existing off-site water facilities of the District must be evaluated for hydraulic capacity to serve this project and reinforced as required, if nece~ary. consistent with the County's Water Master Plan to insure that the District's water system can hydraulically provide a sufficient quantity of water to meet the anticipated demands of the project and the District's existing committed capacity. 9 · 12B2- '' Appropriate e~ements for the projects internal water and sewer system shall be documented on the construction plans and shall be dedicated to the Collier County Water Sewer District. Construction drawings, technical specifications aixi all pertinent information shall be submitted in accordance with the applicable Collier County ordinance then in effect and shall be approved prior to the issuance of building permits. Power. telephone, cable television and any additional utiliti~ that may initially or at some furore date serve the project, shall be installed as per Collier County Ordinances and in compliance with any other applicable state or county laws, codex, and regulations, 4.9 ENVIROI~,IENTAL REGULATIONS. An appropriate portion of native vegetation shall be retained on site as required in Section 3.9.5.5.4 of the Land Development Code. An exotic vegetation removal, monitoring and maintenance (exotic free) plan for the site. with emphasis on areas of retained native vegetation, shall be submitted to Current Planning Environmental Staff for review and approval prior to final site plan/construction plan approval. 4.10 ACCESSORY STRUCTURES. Accessory structures shall be constructed simultaneously with or following the construction of the principal structure except for a construction site office and model unit$. 4.11 siGNS. All signs shaII be in accordance with Division 2.~ of the La~d Development Code. 4.12 L PI B R. Landscaping buffers shall be provided as follows: A. All internal landscape buffers shall be ten feet (t0') wide. B. A twenty foot (20') wide landscape buffer easement shall be provided along Pine Ridge Road. C. A Type B landscape buffer shall be provided along 10th Avenue and Oaks Boulevard. In addition, a three foot (3') high hedge at three feet (3') on-cen~er shall be planted on the right-of-way side of the wall and the treas shall be fourteen feet (14') to sixteen feet (16') in height. 10 RECEI JUL 2, · Pt~NIN~ .' PI]D9 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. 98-110 Which was adopted by the Board of County Commissioners on the 24th day of November, 1998, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 25th day of November, 1998. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board'of ~aureen Kenyon DeDuty Clerk COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUIILIC IIEARINGS To: Clerk to the Board: Please place the follow, inR a~ a: ~ Normal legal Advcnisemcnl (Display Adv. location, clc.) [] Olher: Petition No. (Ii'none. give bricf description): V-98-~9 P~fitioner. (Name & Address): JaY Malamohv. Gulf Coast Dcvelo~menl Grouo. L.C. 4255 Gulf'Shore Blvd.. N.. Suite 1103. ~laolcs. F'lodda 34109 Name & Addrc~ on'any person(s) to bc notificd by. Clerk's Omcc: (If rnorc space is needed, attach separate sheet) H~ring before BCC ~ BZA Othcr Ncws~pcrfsHo be used: (Complete only if imponan0: ~ Naples Dai .ly New~ Other [] Legally Proposed Tc×t: (Include legal description & common Iocmion & Size: Petition No. V-gg-19. lay Malamnhv. re~resentine Coast Dc-,'cloomcnt Grouo. L.C.. rcoucstine nooroval to increase tho maximum oermitted ~our etna ratio of buildine vmh a maximum of 225.291 stature feet for an Indeeeadent Cam Livine Facility and .z :~==:..~.~. Cam IJvinn Facility o~'ouct t v located to the scut h of Vandc~oilt Beach Road Exlension. nmlh of Aflxmr Boulevard. and ~vesl of ~,,,,.,o,~ ~i~M further described as Tract S-1. Vinev-ards Unit 3. in Section $. Townshio 49 South. Ranee 26 ~ Companion pclition(s), it'any & proposed h~ng~¢: Do~ Petition Fee include advertising cos~? ~"Yes [] No If Yes. what account shou.ld be charged rot advertising costs: Di','is~on H~d Date Counly Manager Date List At~chments DISTRIBUTION INSTRUCTIONS A. For bearing~ before BCC or BZA: Initiating person to complete one coy end obtain Division Head approval before submitting to County Manager. Note: if legal document la Involved, be ntre that any neee~ary le~l review, or request for same, is mbmitted to County Attorney before ~ubmJtttng to Count~ Manager, The Manager's office will distrflmte copie~: [] Couuty Manager agenda file: to Clerk's brnce [] Original RESOLUTION NO. 98- RELATING TO PETITION NUMBER V-98-19, FOR A VARIANCE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, ~LORIDA. WHEREAS, the Legislature of the State of ~lorida in Chapter 125, Florida Statutes, has conferred on all counties i~ Florida the power to establish, coorcinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearing after no[ice as in said regulations made and provided, and has considered the advisability to increase the maximum permitted floor area ratio of .45 to .66 to construct a building with a maximum.of 225,291 square feet for an Independent Care Living Facility and Assisted Care Living Facility as shown on the attached plot plan, Exhibit "A", in a PUD Zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable ma~ters required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, ail interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented; NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County, Florida, that: The Petition V-98-19 filed by Jay Malamphy, representing Gulf Coast Development Group, L.C., with respect to the property hereinafter described as: Tract S-l, Vineyards Unit 3, as recorded in Plat Book 16,' Pages 2-5, of the Public Records of Collier County, Florida. be and the same hereby is approved to increase the maximum permitted floor area ratio of .45 to .66 to construct & building with a maxin~m of 225,291 square feet for an Independent Care Living Facility and Assisted Care Living Facility as shown on the attached plot plan, Exhibit "A", of ~he PUD Zoning District wherein said property is located. BE IT RESOLVED that this Resolution relating to Petition Number V-98-19 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done ~his day of , 1998. ATTEST: ROARD OF ZONING APPEALS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BARBARA B. Approved as to Form and Legal Sufficiency: Marjo~ie M. Student Assistant County Attorney BERRY, Chairman VANDgP..BIL? BgACH ROAD I[XT~4IIO# ~BUR.~- -~-~-~, , ,~,~ , r~r-~- t~-t,T~,G~ARCI..iiT~CTS' nqc IA r · £XHIBTT "A" r s P I · ~! ri i L~ ~ IIIIIIIIIIIIIIII!IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ii111111111111111111111111111111111111111111i111111111111111111 (82.3) 774-8408 , (ex3) 77~4-8~06 September 29, 1998 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: V-98-19 Gulf Coast Devlopment Group, L.C. Dear Judi: 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, Lisa Steele, Deputy Clerk Purchase No. 804611 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners Of Collier County, will hold a public hearing on TUESBAY, NO%g~R 24~ 1998f in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition No. V-98-19, Jay Malamphy, representing Gulf Coast Development Group, L.C. requesting approval to increase the maximum permitted floor area ratio of .45 to .66 to construct a building with a maximum of 225,291 square feet for an Independent Care Living Facility and Assisted Care Living Facility for property located to the south of Vanderbilt Beach Road Extension, north of Arbour Boulevard, and west of Vineyards Boulevard, further described as Tract S-l, Vineyards Unit 3, in Section 5, Township 49 South, Range 26 East. NOTE:All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the 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 the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto, and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. BOARD OF COUNTY COM~{ISSIONERS COLLIER COUNTY, FLORIDA BARBARA B. BERRY, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Lisa Steele, Deputy Clerk (SEAL) September 29, 1998 Jay Malamphy Gulf Coast Development Group, L.C. 4255 Gulf Shore Blvd. N. Suite 1103 Naples, FL 34103 Public Hearing to Consider Petition V-98-19 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of Count~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, Lisa Steele, Deputy Clerk Enclosure TO: ~ROM: SUBJ: 9/20/98 Mau~een Kenyon/Clerk to BCC Cecilia Martzn, glanning Technician v-99-19 {Susan Murray) Pleass te advised the CCPC date has changed for the above referenced petition, therefore the BCC date requested will be 11/24/99. The original ~egues=ed date was 11/10/99. Thanks ......... ISent: Thursday, November 05, 1998 1:46 PM To: pedone b Cc: Kenyon"Maureen; johnson_c; martin_¢ I Subject: V-98-19 The above referenced petition was continued Indeflneby by the petitioner ted~/* ~t the CCPC meeting. It will need to be removed from the scheduled BCC date of November 24, 1998. Thanks, Susan Community Development and Environmental Services Division Building Rtn~ew and Permit~ng Ib~u.sing and Urlnm Impro~Tment Planning Services Code £nforcement Natural Resources Pollution Control Memorandum TO: FROM: DATE: SUBJECT: Maureen Kenyon, Clerk to Board Connie lohnsor~ Administrative As$i~tan! Barbara Pedone, Executive Secrt'~ry Susan Murray, AICP, Chief Planner Novemb~' I I, 1998 V-98-19. Gulf Coast l)~velopmcnt Variance The above referenced petition has been continued indefinitely by the petitioner. It was originally Icheduled for · hearing in front of the Board of Coumy Commhsione~ on November 24, 1998. This memo has been previously sent in electnanic mail format. If you have any questions or need furlher in formatloa, please don't besihate to con~act me at 403-2400. PAH. P~BRFT,T NAPLES DAXLY ~E~S · ~:., ELLIE NOFFHAN (2~ler, tlx2x~ ,rm'd cove) ? f~z~ther ~ th~1c ~h~ hal nett~ [~d nor COLLIER COUNTY FLOIUDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC H~RING$ To:. Clerk to the Board: Please pl~e the following as st: XXX Normal ]cgni Adv~rd.~ment (Display Adv., loc~tion, etc.) OriginatinsDep~/Div: Comm. Dev. Serv./Planning P~son: ~ Date: ~.~.~g ~¥~ Petition No. (n'nonc. ~ brief description): ¥'9~'~ P~tioncc (Name & Addr~s): Rot~' D. Witbert. 9~1 ~en~nte Dt~,L Nnole~ FL 34103 ;' ~'~ Name & Addn:~ of any person(s) to be notified by Clerk's O~ce: (If mor~ ~ is __nee,~4__~ attach I~.'~arate sh~t) ~ Hoover Plannint. 3785 Air,on Rd.. N.. Suite B. Naples. FL 34105 Henrlngbefot~ BCC XXX BZA O0~et Newspaper(s) to be used: (Complete only if important) XXX Naples Daily News Based on nd~-flisement nppenflng I $ days Ix:rom beattn& ~ Te.xl: (Include legal descfi~on & common Incadon & Si~.' P~itJon No. V.98-8. Bill Hnover of l-louver Plnnnlnt r~tint ~ D. Witbef~ and OPM-USA-Ine..n~Int ~,~,,al of a 65 foot be~ Yadnnen from the rm~red I ~$ fes~ to 250 feet for an ~'~nt I~ ~:)ot ~ommuntc~tions to'~t Ioented it 5630 TaYlor Rnad. v~thin tim ! & C lndu~al I)ndc. In Section Township 49 South. I~n~e 25 E~st. Companion petition(s), finny & pmpesed heating date: D~s Petition Fee include adve~sing c~t? ~ [] No ffYes, what account should be charged for ndvefltstng co~: Division H Date Count~ Manager Data Li~ AflachmenL~: DISTRIBUTION INSTRUCTIONS A. For heartnp before BCC or BZA: Initiating per, on to eompkte one coy and obtain Divbi,~ He~d apprevnl helot, submitting to County Manager. Note: If lepl document is Involved, be rare that an}, nee~aary klm rtview, or request for name+ h mbmltted to County Attorney before mbmlttlnl to County Manager. The Mmm~a offke will dl~vibute copies: ~ County Manager agcnda file: to Ck:rk's Office 0 Requesting Division [] Original B, O~her bearings: Initiating Division bead to approve and submit original to Clerk's ~ te~ning I ~ for ~ : RESOLUTION NO. 98- RELATING TO PETITION NUMBER V-98-8, FOR A VARIANCE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of £1orida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which establishes regulations for the zoning of particular geographic divisions of the County, among which iS the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a 65-foot height variance from the required 185 feet to 250 feet for an existing 180 foot communications tower as shown on the attached plot plan, Exhibit "A#, in an "I" Industrial Zone for the property hereinafter described, and has found as a matter of faot that satisfactory provision and arrangement have been made concerning all applicable matters required by said ~egulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented; NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County, Florida, that: The Petition V-98-8 filed by Bill Hoover of Hoover Planning, representing Roger D. Withers and OPM-USA-Inc., with respect to the property hereinafter described as: Exhibit ~B" be and the same hereby is approved for a 65-foot height variance from the required 185 feet to 250 feet for an existing 180 foot communications tower as shown on the attached plot plan, Exhibit #A#, of the "I" Industrial Zoning District wherein said property is located, subject to the following conditions: 1. An exotic vegetation removal, monitoring and maintenance (exotic free) plan for the subject property shall be implemented on a yearly basis at a minim~ co~encing with the issuance of the Certificate Of Completion. 2. Artificial lighting required by the Federal Aviation Administration and/or the Federal Communications Commission shall be affixe~ to the tower. A red beacon shall be used instead of a white strobe light when technically possible. BE IT RESOLVED that this Resolution relating to Petition Number V-98-8 be recorded in the minutes Of this Board. This Resolution adopted after motion, second and majority vote. Done this da~ of , Z998. ATTEST: BOARD OF ZONING APPEALS DWIGHT E. BROCK, Clerk COLLIER COONTY, FLORIDA BARBARA B. BERRY, Chairman Approved as to Form and Legal Suffi~iency= Marj~rie M. Student Assistant County Attorney ~0 L8 I I~? LEGAL DESCRIPTION (O.R. 1240..Page 11~3. Collier County, The Sous 1/2 of the South 1/2 of t. halSW 1/4 of the NW I/4 of the SW 1/4. of Section 11. To~-nsnip 49 South. Rom]e 25 East; h/rog: ra~t of a m~d right---of-w<~y, deIcribet=l al foilo~I: "Ro~ r;gP~-of-woy th,ough the Wait 17~ of ~l.5o~u~.~we.~t .I/4 .of .Secflo.fl 11. Toxin,hip 4g dacfl~ o~ fol~w~: Run from the ~n oo~aa~ I1~ of.~e ~ 1/~ of ~ ~on 11 ~ ~* ~- ~,-~ ' E~ of the N~hwe~ c~er of the So~hw~ 1'/4' ~ ~ ~on ~. ' ~"~ '~ '~ EXRIDXT "B' I!!ii111111111111111111111111111111'i111111111111111111111111111 FAX MAILU DAXLT Ilmm 263-4864 liilifliililillllilllillilllilililil.liillll~iiilllillililililii coX].:Lez' countT C.ourt:house (8x3) (8x3) 774-8408 , 774-8406 ,,! October 2, 1998 Ms. Judi Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Legal Advertising for Petit~ons A-98-4, PUD-98-11, V-98~8, V-98-18, and SV-98-2 Dear Judi: Please 'k~11' the above-referenced ads which were all to be run in t--~October 11, 1998 edition of the paper. These petitions will be advertised for a meeting in Nov-m~er and new letters and notices will be forthcoming. Thank you. Sincerely, Ellie Hoffman, Deputy Clerk COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DMSION OFFICE OF THE ADMINISTRATOR MEMORANDUM DATE: Octobar 2, 1998 TO: FROM: Maureen Kenyon, Supervisor Clerk of Courts Vincent A. Cau ICP, Admlnls?afor CommunitT Development and Enwronmental Services SUBJECT: Request for Legal Advertising of Pubti~ Hearings This'memorandum serw.a as a request to madve~se the fonowing petitions for the November 10, 1998 meeting of the Board of Count~ Commlsslonsm. The petitions were originally advertised for the October 27, lg98 but as that meeting has been canceled, it is necessary to readvertise for November 10, 1998. V-98-18 SV-98-2 A-98-4 PUD-98-11 V.98-8 Thank you for your attention lo this matter and please feel free to call upon me or my staff If we can be of assl;tance. Bob Mulhem, AICP, Planning Services Director Cecilia Marlin, Pb~nning Technlclan lilliilili'lllilil, iilililiilillilillliliilillllillllllllilillili 11111111111111111111111111111111111111111111ii11111111111111111 (823) 77&-8408 , 77~.8~06 1)A2 m October 2, 1998 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue NaDles, Florida 34102 Re: V-98-8 Communication Tower Dear Judi: Please advertise the above referenced notice one time on Sunday, October 25, 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. 804611 1 3A2 1 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on 1998~ in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition No. V-98-8, Bill Hoover of Hoover Planning, representing Roger D. Withers and OPM-USA-Inc., rec~lesting approval of a 65 foot height variance from the required 185 feet to 250 feet for an existing 180 foot communications tower located at 5630 Taylor Road, within the J & C Industrial Park, in Section 11, Township 49 South, Range 25 East. NOTE:All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the 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 minimnm of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be sub~nitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto, and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BARBARA B. BERRY, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Lisa Steele, Deputy Clerk (SEAL) October 2,1998 Roger D. Withers 90 Seagate Drive Naples, FL 34103 RE: REVISED: Public Hearing to Consider Petition V-98-8 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, Novenlber 10, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 25,1998. You are invited to attend this public hearing. Sincerely, Lisa Steele, Deputy Clerk Enclosure October 2, 1998 Bill Hoover Hoover Planning 3785 Airport Road N. Suite B Naples, FL 34105 Re: ~-~$~ Public Hearing to Consider Petition V-98-8 Dear Petitioner: Please be advised that the above referenced Detition will be considered by the Board of County Commissioners on Tuesday, November 10, 1998, as indicated on the enclosed notice. The legal notice pertaining to this ~etition will be published in the Naples Daily News on Sunday, October 25,1998. You are invited to attend this public hearing. Sincerely, Lisa Steele, Deputy Clerk Enclosure ~0~05~0 11:03 FAX 04X0430008 COLLIER CO COJafl.~ITY DEV ~001 COMMUNITY DEVELOP ~ENT AND ENW'[RONMENTAL S£R%'~CES DIVISION CITY, STATE ~ TOT~ PAGES INCL~ING COVER SHEET~ = ~ SPECIAL INSTRUCTION: Co~w 'F'~forcem~nt : 9411 403-2400 NetuE al Resource~ ¢g411 732-2505 rg41J 403-2440 ?lanmn.,: Ser'~¢e~ ~94D 403-2300 t941) 40~.7330 Pollution C~nlrol (941) 732-2~02 10/05/08 11:03 FAX Im418438Jf88 COLLIER CO CO~%~ITY DEY ~)001 Oct. 02 98 03~42p tm. Hoove, (941) ,~,O3-9009 p.l HO 0 VER PLANNING Rezonings, PUD& Pi)g, Comfirional [l~e, Spechtl R~ ~; ~l~/~ni~ll~lb~ $~i~s & $~ P~ (in ~ ~) Mr. ~ RcbcM ColLier County Curry0. Plam~ 2800 N. ~ ~.~ N~s, ~ 34 I~ RE: OPM'$ Varlam · Petition fo,r T~ow~' This lett~' L~ to confirm our ~nver~fion petition I~ beard in fi, on! of the Cou~t,y Co,,~,,k.-~t~s on Novmaber 24, 1991. Th*-~s ia ~dvance for your coopcr~ion r~gnraln~, this maae~. If you h~vc m~y questions l~eel welcome to con~l fac. Sincerely, HOOVER PLANNING Bill Hoover, AICP Jim Malle~, A:CP, Via F~x Mark Ci~fell& Via F~x #561-393-2771 ALt.: C~.e,~i~Fto BC.' Please advectiee for the 11/24/98 BCC meeting, The previous memo requested this petition be advertised for 11/10/98, Petitioner is requesting 11/24. Thank YOU .... 3?S$.4irport Road North, Suite B, Napier, Florida 34105 · Pbofle:. 10/0S/o8 11:03 FAX 0,416436068 COLLIER CO CO)iXt~NITY DEV 1003 COMMUNITY DEVEI~.OPMENT AND ENVIRONMENTAL SERVICES DMSION OFFICE OF THE ADMINISTRATOR MEMORANDUM DATE: October 2. i098 TO: FROM: Maureen Kt~nyon, Supervisor Clerk of Co,JdS Vincent A. Gaut~O.FAlCP, Administrator Community Development and Environmental Services SUBJECT: Request for Legal Advertising of Public Hearings ' This memorandum serves as a request to readverfise the following petitions for ~he November 10, 1998 mee ~ng of the Board of County Commissioners. The petitions were originally adverUse¢ for the October 27, 1998 but as that meeting has been canceled, it is necessary to readvertise for November 10, 1998. V-98-18 SV-98-2 d.. ~, A-9~-4 Fr~ PUD-98-11 '~ ~ v_9. t t Thank you for your attenlion to this matter and please feel free to call upon me or my staff If we can be of assistance. xc: Bob Mulhere, AICP, Plant'lng Services Director Cecilia Martin, Pla lning Technician (Lnaludh~j t~t, CQVe~) illliliililllilillililillllilllillliliiiliililllilllilllliillll TOt 263-4864 IliilllillliIiilliilillllilliiIIiililliilli'iiiilliiliiilllillll PHONB'NO: (813) 774-8406 October 6, 1998 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to Consider Petition V-98-8 Dear Judi: 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 Hof fman, Deputy Clerk Purchase Order No. 804611 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public hear%ng on TUESDAY, NOVEMBER 24r 1998, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition No. V-98-8, Bill Hoover of Hoover Planning, representing Roger D. Withers and OPM-USA-Inc., requesting approval of a 65 foot height variance from the required 185 feet to 250 feet for an existing 180 foot communications tower located at 5630 Taylor Road, within the J & C Industrial Park, in Section 11, Township 49 South, Range 25 East. NOTE:Ail 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 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 the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto, and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BARBARA B. BERRY, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Lisa Steele, Deputy Clerk (SEAL) October 6, 1998 Bill Hoover Hoover Planning 3785 Airport Road N. Suite B Naples, FL 34105 Re: REVT~u Public Hearing to Consider Petition V-98-8 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, Lisa Steele, Deputy Clerk Enclosure October 6,1998 Roger D. Withers 90 Seagate Drive NaDles, FL 34103 RE: RE%'I~u3: Public Hearing to Consider Petition V-98-8 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 Dublic hearing. Sincerely, Lisa Steele, Deputy Clerk Enclosure RESOLUTION NO. 98-.4?6 RELATING TO PETITION NUMBER V-98-8, FOR A VARIANCE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, FloriJa Statute~, has conferred on ail counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which establishes regulations for the zoning of particular geographic divisions o5 the C3unty, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a 65-foot height variance from the required 185 feet to 250 feet for an existing 180 foot communications tower as shown on the attached plot plan, Exhibit "A", in an ~I" Industrial Zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Bcard in public meeting assembled, and the Board having considered all matters presented; NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County, Florida, that: The Petition V-98-8 filed by Bill Hoover of Hoover Planning, representing Roger D. Withers and OPM-USA-Inc., with respect to the property hereinafter described as: Exhibit be and the same hereby is approved for a 65-foot height variance from the required 185 feet to 250 feet for an existing 180 foot communications tower as shown on the attached plot plan, Exhibit "A", of the Industrial Zoning District wherein said property is located, subject to the following conditions: An exotic vegetation removal, monitoring and maintenance (exotic free) plan for the subject property shall be implemented on a yearly basis at a minimum commencing with the issuance of the Certificate of Completion. Artificial lighting required by the Federal Aviation Administration and/or the Federal Communications Commission shall be affixed to the tower. A red beacon shall be used instead of a white strobe light when technically possible. BE IT RESOLVED that this Resolution relating to Petition Number V-98-8 be recorded in the minutes Of this Board. This Resolution adopted after motion, second and majority vote. Done th~ ~/~ day of ~U--~%~'/ 1998 ATTEST: . ~ BOARD OF ZONING APPEALS DWIG~T.E. BROCK, C19. rk COLLIER COUNTY, FLORIDA lttest i~,~o ~a~"s Sumc cy: Marj~rie M. Student Assistant County Attorney trio C~P(O EXHIBIT "~" 13A2 LEGAL DESCRIPTION (O.R. 1240. Pogs 1~3, Colmls? County, FTorldo) The South 1/2 of the South I/2 of the~SW 1/4 of' the .N~ 1/4. of tho 5W.1/4 of SI~Uon 11. Townsr~iD 4g South, Ronge 2,5 Lr~,.t, lying! £ost of o rood rl(]ht-of-woy d~lcrlb~d os 'Rc~d r;ght-o¢-woy through the Wist 1/~ of ~eI Southwest t/4 of Section 11. Tmeneh;p 49 South. Ronge 25 East, which includes o Itrfp ond 30 feet eoch side o~ o center I~ne ~e~?~bed. o.s f.ollowe: Run from the Southwect corner of laid Section 1 es~ cos~er?y olong the Sou? .b~).undory~. I~e of Iold SecUon 11 to o po~t of b*nlnnln,~. thence run in o northerly d*rectmon o c~lt~nce of 2,~,~g feet, more or Ieee, to-~=poin~"on the NOrth boundory llne of the Southwest 1/~ of Iold Section 11, ecld point being 284 feet Eost of the Northwest corner of the Southwest ?/4 of Ioicl Section ~?. N&pLas, FL REFERENCE: 001230 80~11 5777~SL3 CU-;~-19 HOTZCE OF P County of CotLter 84fore th~ undersigned lut~ortty, personaLLy PUSCZ~ED ON: 11/06 COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF POBUC II£ARINC$ To: Clerk to the Board: Please place the follo,~ing as a: ~v,X Normal legal Ach'emsemenl [] other (Disp a.v Adv loc. at,on, crc ) Originating DcpU Div: ComraDe,' Sen'/Planmng Person: Petition No. { If none. giv~ brief description) ¢I~-9R-] 9 Petitioner: INamc & Address): Dctxartmen~ 9fJmcnile Justtce. Name & Addres~ of any person(s) to be nottfied ~' Clerk's om,ce: (If more '~pacc ~s needed, attach separate she~) firnaldo Hemandez. Arkitex 2, 4929 W~t ~%,Pre%L.~reet. 'Tam~xa. FL Heanng be/ore BCC XXX B~A Other N~ns) lo ~ ~: (Complete only if implant): ~ Napl~ Daily Nm~, ~r Based °n ad"~rtisemont app~'{~ '~ 'n8 I ~/d~'s before hearing. [] Legally Rmlu red Proposed Text: (Include legal description & common location & Size: ~ n ~ -98- 9 . n I Fl ' a n nil i 'n ' ' - ..... · r · I' 4 ' i i h ne $ Ii ' ' ' I '' ' Companion IX'lition($). if am.. & proposed heanng date: ~ Petition Fee include ach,=_~ising cost7 [~ [] No 11~-138312-649110 '~0 '~ 0~111,, [fYes-whataccountshouldbechargedforadverfisingeosts: Rm'ie~x::d Br,': ~ O ~ ~/' {O / / Approved by: Di','i$ion Head Date ' Count. Manager Date Lis~ Allachmenta: .DISTRIBUTION INSTRUCTIONS For hearing.~ before BCC or BZA,: Iniliating person to complete one coy and obtain Dlvtalon Head approval before submitting to County Manager. Note: If legal dOCument is involved, be sure that any necessary legal renew, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager'a office will dislHbute copies: ' · [] Count)' Manager agenda file: to Clerk's Office [] Requesting Division [] Orl~inal B. Other heanngs: Initiating Division head to approve and submit on$innl to Clerk's orate, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY: ' C / .a,e RESOLUTION 98- A RESOLUTICN PROVIDING FOR THE ESTABLISHMENT OF A JUVENILE DETENTION CENTER CONDITIONAL USE "3" IN THE "p" ZONING DISTRICT PURSUANT TO SECTION 2.2.18.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTy LOCATED iN SECTION 12, TOWNSHIP 50 SOUTH, PANGE 25 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Leg[slature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code {Ordinance No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of Conditional Use "3" of Section 2.2.18.3 in a "P" Public Use Zone for a juvenile detention center on the property hereinafter described, and has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning Commission; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE BE iT RESOLVED, BY THE BOARD OF ZONING APPEALS of Collier County, Florida that: -1- The petition filed by Arnaldo Hernandez of Arkitex 2 representing the Florida State Department cf Juvenile Justice with respect tc the property hereinafter described as: Exhibit "B" which is attached hereto and incorporated by reference herein be and the same is hereby approved for Conditional Use "3" of Section 2.2.1~.3 of the "p" Public Use Zoning District for a juvenile detent:on center in accordance with the Conceptual Master Plan (Exhibi~ "C") and subject to the following conditions: Exhibit "D" which is attached hereto and incorporated by reference herein. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this . day of , 1998. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, Clerk BY: BARBARA B. BERRY, Chairman Approved as to Form and Legal Sufficiency: Assistant County Attorney FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-98-19 The following facts are found: Section 2.2.18.3.3 of the Land Development Code authorized the conditional use. Granting the conditional use will not adversely affect the public interest and will not adversely effect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes No Bo ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fir9 or catastrophe: Adequate ingress & egress Yes No Affects neighboring properties in relation to noise, glare, economic or odor effects: __ No affect or Affect mitigated by __ Affect cannot be mitigated Compatibility with adjacent properties and other property in the district: Compatible use within district Yes --. No __ Based on the above findings, stipulations, (copy attached) approval this conditional use should, with (should not) be recommended for DATE: £xhihit A CU-98-19 ALL THAT PART OF A PARCSL OF,LAN'D LYING IA' SECTION 12, TOWNSHIP $0 SOUTH, RANGE 25 EAST, COLLIER COUN"IT. FLOR/DA, BEING MOKE PARTICL'L.~ILy DESCKIBED AS FOLLOWS: COMMENCI~'G AT THE SOUTHWEST CORNER OF SAID SECTION 12; THENCE ALONG THE WESTERLY L~"E OF SAID SECTION 12, NORTH 00o18'$0" WEST 2162.78 FEET; THENCE LEAVING SAID WESTERLY LINE OF SAID SECTION 12, NORTH 89°4 I'10" EAST 654.12 FEET TO A SOUTHWESTERLy COR.NER OF THOSE LANDS AS DESCRIBED IA' OFTICL-~L RECORD BOOK 99,1, AT PAGE 234; THENCE ALONG THE SOUTHERLY LINE OF SAID LAN'DS NORTH 87°07,17- EAST 41.92 FEET TO THE POINT OF BEGIN,'NING OF THE PARCEL HER.ErN BEING DESCRIBED; TI{ENCE CON-rIN'jE ALONG SAID SOUTHERLY LINE OF SAID LANDS NORTH 87°07'17" EAST 132.16 FEET; TF~ENCE LEAVING SAID SOUTHERLY LINE OF S;dD LANDS NORTH 42°I I'$1" EAST 182.69 FEET; THENCE NOKTH 8~°41'I 0" EAST 252,05 FEET TO THE BEGINNING OF A CIRCULAR CURVE CONCAVE NORTH~ESTERLY A~ND HAVinG A RADIUS OF 13.00 FEET; THENCE EASTERLy. NORTHEASTERLY. NORTHERi.y AND NOP-~TERLy .~J. ONG THE ARC OF SAiD CIRCULAR CURVE. THROUGH A CEN'rKAL ANGLE OF 123°$7'0S'' A~N ARC DISTANCE OF 28.12 FEET TO A PO~qqT OF TAN'GENCY; THENCE NORTH 34°15'$5" WEST $9.23 FEET TO THE BEG~NING OFA CIRCULAR Cb'RVE CONCAVE SOUTHWT~TERLY ANT) HAVI~'G A RADIUS OF [ 17.00 FEET; THENCE NORTHWeSTERLy A~ND '~ES~¥ ALONG ~ A~C OF SAiD CIRCULAR CURVE THROUGH A CENTRAL A~GLE OF 56'03'00" AN ARC DISTANCE OF 114.46 FEET TO A POI3,~T OF TANGENCY; T'F~NCE SOUTH 89°41 '06" WEST 288.26 FEET TO TI-'_E BEGINNING OF A CIRCULAR CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 103.00 FEET; THENCE WESTERLY, ' SOUT~vVE~TERLYiAND SO~¥ ALONG TH~ ARC OF SAiD CIRCT.rLA~ CUP. VE THROUGH A CL~NTI"-AL A_N'GL£ OF 91°0T15" AN ARC DISTANCE OF 163.81 FEET TO A POINT OF TA~GENCY; THENCE SOUTH 01 °26'10" EAST 156.64 FEET TO TH]~ POIN'r OF BEGIN~TNG OF THE PARCEL HEREIN DESCRIBED; CONTA/NLNG 1.92 ACRES OF LAND MOIRE OR LESS; SUBJECT TO EASEMENTS AND ~SI~ONS OF ~CO~. AGNOLI, B~ER & BR~AGE, ~C, PRO. SIGNAL ENG~E~, P~N~ AND L~N~ S~YORS . AGNOLI, R.S.M. NO. 5335 REF: .~BB DRAWING FILE NO. 5673 E:.hibit ~ CU-9~-i9 ALL THAT PART OF A PARCEL OF LAN'D LYING IN SECTION 12, TOWNSHI/ $0 SOUTH, RANGE EAST. COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCI'NG AT THE SOUTHWEST CORNER OF SAID SECTION 12; THENCE ALONG THE WESTE,KLY LINE OF SAID SECTION 12, NORTH 00'18'50" ~,~T=~T 2162.78 FEET; THENCE LEAVING SAID WESTERLY LLNE OF S.(E) SECTION 12, NORTH 89°a1'10' EAST 654.12 FEET TO A SOUTHWESTERLY CORNER OF THOSE LANDS AS DESCRIBED IN OFFICIAL RECORD BOOK 994, AT PAGE 23a; THENCE ALONG THE WESTERLY LINE OF SAID LANDS NORTI-100~18'$0' WEST 231.23 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; TI-LENCE CONTINUE ALONG SAID WESTERLY LINE NORTI'I 00°I~'$0" WEST 112.23 FEET; THENCE ALONG THE NORTHERLY LINE OF SAID LANDS NORTH 89°4 l'l 0" EAST 491.90 FEET; THENCE LEAVING SAID NORTHERLY LINE OF SAID LAN'DS SOUTH 00el 8'$0" EAST $1.$7 FEET Ti AN INTERSECTION V~qTH THE ARC OF A NON-TANGENT CIRCULAR CURVE CONCAVE SOUTHERLY AND WHOSE RADIUS PO12,/T BEARS SOUTH 22~4~'05" %VEST 158.00 FEET; THENCE WESTERLY ALONG THE ARC OF SAID CIRCULAR CURVE THROUGH A CENTRAL ANGLE OF 23°02'$9'' AX{ ARC DISTANCE OF 63.$6 FEET TO A POINT OF TANGENCY; THENCE SOUTH $9°a1'06'' WqEST 301.$7 FEET TO'IRE BEGFN~'NING OF A CIRCULAR CURVE CONQAVE SOUTHEASTERLY A.,WD HAVING A RADIUS OF 130.95 FEET; THENCE WESTERLY, SOUTHWESTERLY AND SOUTHERLY ALONG TIlE ARC OF SAID CIRcI.rLAR CURVE THROUGH ,a CEN I l<.(L ANGLE OF 65~,J9'23" AN ARC DISTANCE OF 150.aG, FEET TO AN FNTERSECTION WITH RADIAL LINE; THENCE LEAVIN'G THE ARC OF SAIl) CIRCULAR CURVE ALONG SAID RADIAL LINE NORTH 66"08'17" WEST 9.88 FEET TO THE POINT OF BEGIN~TNG OF TH~ PARCEL HEREIN DESCRIBED; CON~I'.~d'NING 0.$2 ACRES OF LA,ND MORE OR LESS; SUBJECT TO EASEME~-i"S Aa~'D RESTRICTIONS OF RECORD. AGNOLI. BARriER & BRUNDAGE, INC. PROFESSIONAL ENGINEERS, PLAN~ERS A,',;D LA,ND SUP, VEYORS AGNC,U//S. ,. NO. R.EF: A~B DR~SN~/~LE NO. 5673 Exhibit ~' CL'-C*,q- i 9 Exhibit D Subject to the following conditions: FAX (]:~C[,~)]~ ~23 co~() ~:~o: {941) 774-8408 PH~O: (941} 774-8406 October 14, 1998 Ms. Joyce Blazier Naples Daily News 1075 Central Avenue Naples, Florida 33940 Re: Notice of Public Hearing to Consider Petition CU-98-19 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. 804611 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on TUES~AY~ Norther 24f 1998, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition CU-98-19, Arnaldo Hernandez of Arkitex 2, representing the Florida State Department of Juvenile Justice, requesting Conditional Use "3' of the 'P' zoning district for a juvenile detention center for property located at the Collier County Government Center at the intersection of Airport-Pulling Road and U.S. 41 in Section 12, Tovauship 50 South, Range 25 East, Collier County, Florida, consisting of 2.5 plus or minus acres. NOTE: Ail 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 $ minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BARBARA B. BERRY, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Ellie Hoffman, Deputy Clerk (SEAL) October 14, 1998 Department of Juvenile Justice 2737 Centerview Drive, #114 Tallahassee, FL 32399 Re: Notice of Public Hearing to consider Petition CU-98-19 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 October 14, 1998 Mr. Arnaldo Hernandez Arkitex 2 4923 West C}~ress Street Tampa, FL 33607 Re: Notice of Public Hearing to consider Petition CU~98-19 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on T~esday, 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 RESOLUTION 98-.~?__z A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A JUVENILE DETENTION CENTER CONDITIONAL USE "3" IN THE "P" ZONING DISTRICT PURSUANT TO SECTION 2.2.18.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 12, TOWNSHXP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of Conditional Use "3" of Section 2.2.18.3 in a "P" Public Use Zone for a juvenile detention center on the property hereinafter described, and has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning Commission; and WHEREAS, all interested parties have been given Opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of Collier County, Florida that: The petition filed by Arnaldo Rernandez of Arkitex 2 representing the Florida State Department of Juvenile Justice with respect to the property hereinafter described as: Exhibit "B" which is attached hereto and incorporated by reference herein be and the same is hereby approved for Conditional Use "3" of Section 2.2.18.3 of the "P" Public Use Zoning District for a juvenile detention center in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the following conditions: Exhibit "D" which is attached hereto and incorporated by reference herein. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majcrity vote. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA DW,IGHT. . E. 'BROC~K,%.Clerk Apprdve~.c Form and Legal S~ficiency: - ,-.---~e ~. Marjc~-ie M. Student Assistant County Attorney -2- FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-98-19 The following facts are found: Section 2.2.18.3.3 of the Land Development Code authorized the conditional use. 2 o Granting the conditional use will not adversely affect the public interest and will not adversely affect other propert or uses in the same district or neighborhood because of: Consistency with the Land Development Code and Growth Management ~an: Yes No __ Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire o catastrophe: Adequate ingress & e~ress Yes -'~ . No __ Co Affects neighboring properties in relation to noise, g~re, economic or odor effects: No affect or __ Affect mitigated by __ Affect cannot be mitigated Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations,,_~opy attached) (should not) be recommended for approval ~{~3~a- . Exhibit A CU-98-19 LAND DESCRIPTION OF PARCEL "A" ALL THAT PART OF A PARCEL OF LAND LYING IN SECTION 12, TOWNSHIP $0 SOt~FH. RANGE 25 EAST, COLI,I~.R COUN~[3', FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 12; THENCE ALONG THE WESTERLY LINE OF SAID SECTION 12, NORTH 00°1 ~'$0' WEST 2162.7B FEET, THENCE LEAVING SAID WESTERLY LINE OF SAID SECTION 12, NORTH g9'41'10" EAST 6.~4.12 FEET TO A SOUTHWF. STERLY CORNER OF THOSE LANDS AS DESCRIBED IN OFFICIAL RECORD BOOK 994, AT PAGE 234; THENCE ALONG TIlE SOUTIfliELY LIHE OF SAID LANDS NORTH $7°07'17" EAST 41.92 'FEET TO TIR! POI2¢I' OF BEGII~INING OF TH~ PARCEL HEREIN BEING DESCRIBED; TI-IENCE CONTINUE ALONG SAID SOUTHERLY LINE OF SAiD LANDS NOR'I'll 87'07'17" EAST 132.16 FEET; THENCE I.PAVING SAID SOUTHERLY LINE OF SAID LANDS NORTH 42" 11'51" EAST 182.69 FEET; TI-H~CE NORTH B9°41'10' EAST 252.05 FEET TO THE BEGINNtNG OF A CIRCULAR CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 13.00 FEET, THENCE EASTERLY, NORTHEASTERLY, NORTHERLY AND NORTHWEETF_RLY ALONG TH~ ARC OF SAID CIRCULAR CURVE, THROUGH A CEN i'RAL ANGLE OF 123=$7'05" AN ARC DISTANCE OF 28.12 FEET (CHORD BEARING AND DISTANCE NORTH 27'42'38" EAST) TO A POINT OF TANGENCY; 'IT..I~qCE NORTH 34' 15'55" WEST 59.23 FEET TO TH~ BEGINNING OF A CIR~ CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 117.00 FEET, THENCE NORTH'WESTERLY AND WESTERLY ALONG THE ARC OF SAID CIRCUI.~R CURVE THROUGtl A CENTRAL ANGLE OF $6'03'00" AN ARC DISTANCE OF 114.46 FEET (CHORD BEARING AND DISTANCE NORTH 62' 1'T25" WEST) TO A POINT OF TANGENCY; THENCE SOUTli 89°41'06" WEST 28~,26 FEET TO ~ BEGiIqNINO OF A CIRCULAR CURVE CONCAVE SOUTI-IE~sTERLY AND HAVING A P.,ADIUS OF 103.00 FEET (CHORD BEARING AND DISTANCE SOUTH 44°07'2B" WEST), TIIENCE WESTERLY, soUTHWESTERLY AND sOUTHERLY ALONG THE ARC OF SAID CIRCULAR CURVE THROUGH A CENTRAL ANGLE OF 91 '07'15" AN ARC DISTANCE OF 163.81 FEET (CHORD BEARING AND DISTANCE SOUTH WEST) TO A POI]CT OF TANGENCY; THi~CE sOUTI'I 01'26'10" EAST I ~6.6a FEET TO THE POINT OF BEGINNING OF PARCEL ~ DESCRIBED; COI~rI'AIN~G 1.92 ACRES OF LAND MORE OR. LESS; SUBJECT TO EAS~ ~ RESTRICTIONS OF RECORD. 0P:91 866I/I,X/0 LAND DESCRIPTION OF PARCEL ALL THAT FART OF A PARCEL OF LAND LYINO IN SECTION ! 2, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIF,~ COUNTY, FLORIDA, BEINO MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCi~G AT TI~ SOUTHWEST CORNER OF SAID SECTION 12; TtlENCE ALONG ~ ~S~Y ~ OF S~ SEG~I~ON 12, NOR~ ~* 1 ~0" ~ST 2162,?8 ~, ~CE ~O S~ ~Y ~ OF S~ SE~ON 12, NOR~ ~9'41'10~ ~ST 654.12 ~T TO A SO~~Y CO~R OF I~OSE ~S AS D~C~ ~ O~C~ ~CO~ B~K ~, AT PAGE ~4; ~ ~NG ~ ~S~Y ~ OF ~ ~S NOR~ ~* 18'~0" ~ST ~ !.23 ~ TO ~ · ~ OF BEO~G OF ~ P~C~ ~ BE~O D~C~ED; 'f'H]Z~CE CONTINUE ALONG SAID WESTERLY LINE NORTH 00°i 8'50" WEST I 12.23 FEET, THENCE ALONG TH~ NORTH]ZRLY LGN'E OF SAH) LANDS NORTH 89°41"10" FAST 491.90 FEET, THENCE LEAVI~O SAID NORTIIF_.RLY LiNE OF SA~D LANDS SOUTH 00° I i'50" EAST 51.57 i,~_.E-r TO AN INTERSECTION Wi i'H THE ARC OF A NON- TA.NG~ CIRCULA~ CURVE CONCAVE SOnY AND WHOSE RADIUS POINT BEARS SOUTH 22'44'05" WEST 158.00 FEET, THENCE W'F. STERLY ALONG ~ ARC OF SAID CIRCULAR CURVE THROUOH A CENTRAL ANGLE OF 23'02'$9' AN ARC DISTANCE OF 63.56 FEET(CHORD BEARINO AND DISTANCE NORTH 78'4T25' WEST 63.13 ~F_~T) TO A POINT OF TANOENCY, THENCE SOUTH 89'41'06" W'EST 301.57 FEET TO TH~ BEGINNING OF A CIRCULAR CURVE CONCAVE SO~STERLY AND HAVING A RADIUS OF 130.95 FE~T, THENCE W]~STERLY, SOUTHWESTERLY AND SOURLY ALONG TH~ ARC OF SAID CIRCULAR CURVE THROUGH A CE. NTRAL ANGLE OF 65 °4~23" AN ARC DISTANCE OF 150.44 t-~e; i- (CHORD BEARINO AND DISTANCE SOUTH 56'46'24" WEST 142.30 tEE f) TO AN INTERSECTION Wlltt A RADIAL LINE; TI~;NCE LEAVING ~ ARC OF SAID CIRCULAR CURVE ALONG SAID RADIAL ~ NORTH 66°08'17" WEST 9.88 ~.EE ]' TO THE POINT OF BEGINNING OF THE PARCEL I-[F..RE IN DESCItH3ED; CONTA~G 0,52 ACRES OF LAND MORE OR LESS, SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD, Exhibit B CU-98-19 Exhibit D Subject to the following conditions: I. The landscape buffer along the nonhero boundary of the site shall be a Type C, 204oot- wide, opaque within one year, landscape buffer with a six-foot wall, hedge. ~'ence or berm, or combination thereoi~and two staggered rows of trees spaced no more than 30 t'eet on center. RESOLUTION 95-466 RELATING TO PETITION NO. CU-96-16 FOR EXTENSION OF CONDITIONAL USE OF PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all Counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which establishes comprehensive zoning regulations for the zoning of particular divisions of the County, among which is the granting and extending the time period of Conditional Uses; and WHEREAS, on November 12, 1996, the Board of Zoning Appeals enacted Resolution No. 96-513, attached hereto and incorporated herein, which granted a conditional use pursuant to Ordinance No. 91-102, for a church and church related facilities, on the below described property; and WHEREAS, on October 14, 1997, the Board of Zoning Appeals enacted Resolution No. 97-395, attached hereto and incorporated herein, which granted a one (1) year extension to the Provisional Use granted in Resolution No. 96-513; WHEREAS, Subsection 2.7.4.5 of the Land Development Code provides that the Board of Zoning Appeals may extend the one (1) year time period for a conditional use which has not been commenced; NOW, THEREFORE BE IT RESOLVED, by the Board of Zoning Appeals of Collier County, Florida that: The written request of Dr. Neno J. Spagna, President of Florida Urban Institute, Inc., representing Apostolic Assembly of Faith in Christ Jesus for the second of three (3) permitted one (1) year extensions, in interest of the following described property: The North ~ of the Southeast ~ of the Southwest ~ of the Northeast ~ of Section 31, Township 49 South, Range 26 East, less the west 30' reserved for right-of-way and utilities, Collier County, Florida. is hereby approved pursuant to Subsection 2.7.4.5 of the Land Development Code (Ordinance No. 91-102), and the expiration date for Resolution No. 96-513, attached hereto and incorporated herein as Exhibit #B", and all conditions applicable thereto, is hereby extended for one additional year until November 12, 1999. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board and in the records of the Petition for which the extension is granted. This Resolution adopted after motion, second and majority vote. Done this DWIGHt_ S. BROCK, CLEg'K BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA MARJOR~E M. STUDENT ASSISTANT COUNTY ATTORNEY CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this ? ? day of ~3~,~..-....-..../--~.~.--, 19/'/between Commercial Development Company hereinafter referred to as "Developer." and the Board of County Commissioners of Collier County. Florida, hereinafter referred to as the "Board," RECITALS A. Developer has, simultaneously'with the delivery of this Agreement, applied for the approval by the Board ora certain plat ora subdivision to be known as: North Collier Industrial Center B. Division 3.2 of the Collier County Land Development Code requires the Developer to post appropriate guarantees for the construction ofthe improvements required by said subdivision regulations, said guarantees to be incorporated in a bonded agreement for the construction of the required improvements. NOW. THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer and the Board do hereby covenant and agree as follows: Developer will cause to be constructed: A. Sewer Collection System B. Water Distribution System Roadway D Drainage System within 12 months from the date of approval said subdivision plat, said improvements hereinafter referred to as the required improvements. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A" and by reference made a pan hereo0 in the amount of .$437,770,60 which amount represents 10% of the total contract cost to complete construction plus 100% of the estimated cost to complete the required improvements at the date of this Agreement. In the event of default by the Developer or failure of the Developer to complete such improvements within the time required by the Land Development Code. Collier County, may call upon the subdivision performance security to insure satisfactory completion of the required improvements. The required improvements shall not be considered complete until a statement orsubstantial completion by Developer's engineer along with the final project records have been &mished to be reviewed and approved by the Development Services Director for compliance with the Collier County Land Development Code. The Development Serv~ees Direetor shall, within sixty (60) days ofreeeipt of the statement of substantial completion, either: a) notify the Developer in writing of his preliminary approval of the improvements; or b) notify the Developer in writing of his re~sal to approve improvements, therewith speci~,ing those conditions which thc Developer must fulfill in order to obtain the Director's approval or'the improvements. However, in no event shall the Development Services Director refuse preliminary approval o£ the improvements ir'they are in faro constructed and submitted £or approval in accordance with the requirements of'this Agreement. The Developer shall maintain all required improvements for a minimum period of one year after prdiminary approval by the Development Sen/ices Direaor. After the one year maintenance period by the Developer has terminated, the Developer shall petition the Development Services Director to inspect the required improvements. The Development Services Director or his designee shall inspect the improvements and, if found to be still in compliance with the Collier County Land Development Code as reflected by final approval by the Board, the Board shall release the remainin8 10% of the subdivision performance security. The Developer's responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. Six (6) months after the execution ofthis Agreement and once within every six (6) months thereafter the Developer may request the Development Se~ices D/reaor to reduce the dollar amount of the subdivision performance security on the basis o£work complete. Each request for a reduction in the dollar amount of'the subdivision performance security shall be accompanied by a statement of substantial complaion by the Developer's engineer together with the project records necessary for review by the Development Services Director. The Development Services Director may grant the request for a reduction in the amount of the subdivision performance security for the improvements completed as ofthe date of request. In the event the Developer shall fail or neglect to fulfill its obligations under this Agreement, upon certification of such failure, the County Administrator may call upon the subdivision performance security to secure satisfactory completion, repair and maintenance ofthe required improvements. The Board shall have the fight to construct and maintain, or cause to be constructed or maintained, pursuant to public advertisement and receipt and acceptance of bids. the improvements required herein. The Developer. as principal under the subdivision perforvnanee security, shall be liable to pay and to indemnify the Bo~L upon completion orsuch construction, the final total cost to the Board thereof, including, but not limited to. engineering, legal and contingent costs, together with any damages, either direct or consequential, which the Board may sustain on account of the failure of the Developer to fulfill all of the provisions orthis Agreement. All of the terms, covenants and conditions herein contained are and shall be binding upon the Deveioper and the respective successors and assigns of the Developer. IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to. be exec~ed by their duly authorized represemativesthis /7 dayof,~a.~ 19,.~f' . SIGNED, SEALED AND DELIVERED IN TH~ PRESENCE OF: Printed or.Typed~I~me ~rinted'or Typed Name Commercial Development Company a Florida General Parmership by its General Panner Executivle Development Corporation, a Florid/a~,orporat~n B.' Phillip Lewallen, President ATTEST: DWIGHT E BROCK, CLERK /Deputy Clerk Attest a~ to Chalrl~'$ s~n?.~Fe,o'nl Approved as to fprm a~d County ARom~ BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA North Collier Industrinl Center BID SCHEDULE OF CONSTRUCTION COSTS PROJECT TOTALS I. SITE CLEARING AND EARTHWORK II. SANITARY SEWER SYSTEM Iil. WATER DISTRIBUTION IV. STORM DRAINAGE SYSTEM V. ROADWAY CONSTRUCTION VI STREET LIGHTING I 1.000.00 TOTAL THESE COSTS ARE FOR REVIEW AND INSPECTION FEE CALCULATION ONLY 2 RESOLUTION NO. 98- A RESOLUTION TO EXTEND Tile TERM OF GEORGE W. llERMANSON TO SERVE ON TIlE ENVIRONMENTAL ADVISORY BOARD UNTIl, A SUCCESSOR BOARD IS CREATED. WHEREAS. Ordinance No. 92-102. as amended, thc Collier County Land Development Code, established the Environmental Advisory Board and provides that the Advisory Board shall consist of seven (7) mambers; and WHEREAS. thc term of Genrgc H. Hcrmanson expired on September .30. 1998, and lhcro has been two (2) resignations, thereby causing a total of three 13) vacancies on this Board: and 'ATIEREAS. on Augusl 4. 1998. Iht Board of County Commissioners approved slaws recommendation Io consolidate the Envimnmenlal Advisor)' Boerd and the Environmenlal Policy Technical Advisory Board into a single board; and WHEREAS, the Environmental Advisory Board will continue Io meet until thc successor board is croatcd; and WHEREAS. there may arise scheduling and/or other conflicts which could prevent some of thc remaining tbur (4) members from attending the scheduled meetings, thereby causing a lack of quorum: and WHEREAS. thc term of one (1) m~rnbet will need Io be extended in order to ensure that there will be a quorum for thc Environmental Advisory Board until the successor board is created. NOW. THEREFORE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA. that: L Thc Board of County Commissioners hereby declares that a valid public emergency exists v. ith regard to lhe potential lack ora quorum for meetings of the Environment Advisory Board until a successor board is cmaled. 2. The extension of thc term of I members is necessary to ensure a quorum for thc meetings of thc Environment Advisory Board during said period. 3. The term o£ thc George H. Hermanson is hereby extended until the sueceasor board is created. 4. The Board of County Commissioners of Collier County. by unanimous vote. hereby waives the provisions of Section Seven (b)(I) of Ordinance No. 8641. as amended, relating to a limitation of two consecutive terms of office, for the purpose of reappointment of George H. Hermanson to this Committee. This Resolution adopted after motion, second and majority vote. DATED: ~'~;-¢/~J' ATTEST: DW]GHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Approved as to form and legal sufficiency: Attest as to Chairman'S sl~ature onl,v, Heidi F. Ashton Assislan! County Auoroey HFA~n CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS PRIOR TO RECORDING OF PLAT THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUB_~IVISION IMPROVEMENTS PRIOR TO RECORDING OF PLAT entered into this ~ day of ~ 19 ~'.J" between Northbro.oke Develop.meat, Ltd. hereinafter, referred to as "Developer," and the I~oard of County Commissioners of Colher County. Florida, heretnafier referred to as the "Board." Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board of a certain plat of a subdivision to be known as: Cypress Woods Golf& Country Oub - Jasmine l..alte. Phase I. Division 3.2 o£the Collier County Land Development Code allows the Developer to construct the improvements required by said subdivision regulations prior to recording the final plat. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants herelnaRer set forth, Developer and the Board do hereby covenant and agree as follows: Developer will cause to be constructed: A. Sewer Collectio. n System B. Water Distribution System C. Drainage System D. Roadway within 12 months from the date of approval said subdivision plat, said improvements hereinafter referred to as the required improvements. Developer herewith agrees to construct said improvements prior to recording said subdivision plat and the Board of County Commissioners shall not approve the plat for ~-cording until said improvements have been completed. Upon completion of'~id improvements, the Developer shall tender its subdivision performance security in the amount of $ ~ w?h represents ten percent'of the total contract cost to complete constructton. Upon receipt of said ~bdivision performance security by the Development Services Director , the Developer may request the Board of County Commissioners to approve the subdivision plat for recording and grant preliminary approval of said plat. The required improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with the final project records have been ~urnished to be reviewed and approved by the Development Services Director for compliance with the Collier County Land Development Code, The Development Services Director shall, within sixty (60) days of receipt ot' the statement or' substantial completion, either: a) noti~' the Developer in writing of his preliminary approval of the improvements; or b) notiSy the Developer in writing of h~s refusal to approve improvements, therewith speciS/ing those conditions which the Developer must fulfill in order to obtain the Director's approval of the improvements. However, in no event shall the Development Services Director refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of'this Agreement. 6 The Developer shall maintain all required improvements for a minimum period of one year after preliminary approval by the Development Services Director. After the one year maintenance period by the Developer has terminated, the Developer shall petition the Development Services Director to inspect the required improvements. The Development Services Director or his designee shall inspect the improvements and, if t'ound to be still in compliance with the Collier County Land Development Code as reflected by final approval by the Board, the Board shall release the remaining 10% of' the subdivision performance security. The Developer's responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. In the event the Developer shall fail or neglect to fulfill its obligations under this Agreement, upon certification of such failure, the County Administrator may call upon the subdivision performance security to secure satisfactory completion, repair and.maintenance ofthe required improvements. The Board shall have the right to construct and maintain, or cause to be constructed or maintained, pursuant to public advertisement and receipt and acceptance of bids, the improvements required herein. The Developer, as principal under the subdivision performance security, shall be liable to pay and to indenu~Fj the Board, upon completion ofsuch construction, the final total cost to the Board thereof, including, but not limited to, engineering, legal and contingent costs, together with any damages, either direct or consequential, which the Board may sustain on account of the failure of the Developer to ~ulfill all of the provisions of this Agreement. All of the terms, covenants and conditions herein contained are and shall be binding upon the Developer and the respective successors and assigns oftbe Developer. IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to/be executed by their duly authorized representatives this t,/,~ day o£~ 19,fi//. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: Northbrooke Development Ltd. Bonita Grande Hotel Corp. as Managing General Partner Pdnted or Typed Name Printed or Typed Name' Frank W. Cooper, Vice President ATTEST: · DWIGHT E. BROCK, ~ '. '"'~De-pj,~-y Clerk '' ~.ttest as to. Cha~n'l r / signature ohl]. Approv~ ~ to fo~ and legal su~cien~: '/ L,/' '/" , D [,/ ~'~'D~ C,-Weig~l ' -- County ARomey BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA RESOLUTION NO, 98-4b~ RESOLUTION APPROVING A REAL ESTATE BALES AGREEMENT BETWEEN IMMOKALEE HABITAT FOR HUMANITY. INC., A FLORIDA NON-PROFIT CORPORATION, N/K/A HABITAT FOR HUMANITY OF COLLIER COUNTY, INC., AND COLLIER COUNTY FOR CONVEYANCE OF BLOCK 6. LOT 10, NAPLES MANOR EXTENSION WHEREAS, on March 14, 1996, Madene E. Cornacchia conveyed by Quitclaim Deed to Collier County, Lot 10, Block 6. Naples Manor Extension, as recorded in Plat Book 3, Page 101, Public Records of Collier County, Florida (the "Property"). WHEREAS, said deed was recorded in Official Records Book 2158, Page 2026 in the Public Records of CoIlier County. WHEREAS. lmmokalee Habitat For Humanity. Inc., a Flodda Non-Profit Corporation. n/kJa Habitat for Humanity of Collier County Inc.. that promotes public welfare is desirous of owning the property for the purpose of building affordable housing. WHEREAS Collier County desires to convey the property by Statutory Deed to Immokalee Habitat for Humanity, Inc., a Florida Non-Profit Corporation, n/k/a Habitat for Humanity of Collier County, Inc., for Ihe purpose of building affordable housing. NOW, THEREFORE, BE iT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. In accordance with Section 125.38, Florida Statutes, the Board of Collier County Commissioner's Board has determined that the property is no longer needed for County purposes and agrees that the property is needed by Immokalee Habitat for Humanity, lnc., a Florida Non-Profit Corporation, n/k/a Habitat for Humanity of Collier County, Inc., for the purpose of building affordable housing to promote public welfare. 2. The Board has determined it is in the best interest of Collier County to grant to Immokalee Habitat for Humanity, Inc., a Florida Non-Profit Corporation, n/Ida Habitat for Humanity of Collier County, Inc., by Statutory Deed the property for the sum of 55,000.00 which equates to the market value of the Property as determined by the Collier County Property Appraiser's assessment. 3. The Board does hereby approve the attached Reap Estate Sales Agreement. 4 The Chairman of the Board is hereby authorized to execute the attached Real Estate Sales Agreement. This Resolution adopted on this~day of second and majority vote. A~-rEST: DWIGHT ~. BROCK, Clerk BY:~~.-~ ,,, Deputy Clerk Attest'as to Chaiman'$ signature on]~, ~, e-.u.,. , 1998, after motion, BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Approved as to legal form and fufficiency,: , Heidi F. Ashton Assistant County Attorney PROJECT: Naples Manor Extension (HUI) FOLIO: 62204480008 REAL ESTATE SALES AGREEMENT THIS AGREEMENT made and entered into this ~d./~ day of~_,~19_'~', by and between COLLIER COUNTY, a political subdivision of the State of Flodda, whose mailing address Is 3301 Tamlaml Trail East, Naples, Florida 34112, herelneffer referred to as SELLER, and IMMOKALEE HABITAT FOR HUMANITY, INC., A FLORIDA NON- PROFIT CORPORATION, N/K/A HABITAT FOR HUMANITY OF COLLIER COUNTY, INC., whose mailing address is P.O. Box 1671, Immokalee, FL 34143, hereinafter referred to as BUYER. WHEREAS, SELLER desires to sell, and BUYER desires to pumhase, the property described as follows, to wit; Block 6. Lot 10, Naples Manor Extension as recorded in Plat Book 3 Page 101 of the Public Records of Collier County, Flodda NOW, THEREFORE, in consideration of the recitals, the mutual covenants hereinafter set forth and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed by and between the padies as follows: The real properly which is the subject of this Agreement and legally described above", (hereinafter referred to as "Property"). SELLER agrees to sell and convey the Property to BUYER, and BUYER agrees to purchase the Property from SELLER, at the price and upon the other terms and conditions hereinafter set forth: Title to the Premises shall be conveyed to BUYER by Statutory Deed. 4. E.U.E.CtdA,,S.E_P_B~E The Purchase Price ("Purchase Price") for the Premises shall be in the sum of $5,000 (Five Thousand Dollars and no/100), payable by BUYER to SELLER as follows: A. The sum of $5,000 (Five Thousand Dollars and no/100), shall be paid by the BUYER to the SELLER, in cash or certified check, at the time of closing. 5. DISCLAIMER OF WARRANTIES. "~L~{~c~L~.~j~;~ A. BUYER warrants and acknowledges to and agrees with SELLER that BUYER is purchasing the Premises in an "AS IS" condition and specifically and expressly without any warranties, representations or guarantees, either express or implied, of any kind, nature, or type whatsoever from or on behalf of the SELLER. B. BUYER acknowledges that BUYER has made and/or has been given an adequate opportunity to make such legal, factual and other inquiries and investigations as BUYER deems necessary, desirable or appropriate with respect to the Premises. C. Without in any way limiting the preceding paragraphs, BUYER acknowledges and agrees that it hereby waives, releases and discharges any claim that It has, might have had, or may have against the SELLER with respect to the condition of the Premises. D. Buyer represents and warrants that It has the power and authority to execute, deliver and perform this Agreement. 6, PRORATIONS AND ADJUSTMENTS A. The following Items shall be pmreted and adjusted between SELLER and BUYER as of midnight of the day preceding closing: 1. All installments of special assessments payable after the closing, whetl,,~r for work commenced as of the closing or otherwise, shall be paid exclusively by BUYER. 2. All other items required by any other provision of this Agreement to be prorated or adjusted. B. At the closing, the amount of proration and adjustments as aforesaid shall be determined or estimated to the extent practicable and the monetary adjustroent shall be made between SELLER and BUYER. All such prorations and adjustments shall be final. C. BUYER hereby agrees to indemnify and hold harmless SELLER from and against each obligation of SELLER for which, and to the extent that, credit has been given to BUYER at the time of closing. A. If BUYER defaults, SELLER has option to sue for specific performance and incidental and consequential damages or to retain deposit as liquidated damages. B. If SELLER defaults hereunder and such default has not bean cured within thirty (30) days after written notice of such default to SELLER, and provided BUYER is not in default, BUYER may terminate this Agreement, whereupon the Deposit shall be promptly returned to BUYER and neither party shall have any further liability or obligation to the other. Notwithstanding anything contained in this Agreement to the contrary, the foregoing shall be BUYER'S sole and exclusive remedy and shall preclude BUYER from the exercise of any other remedy. Any and all costs and expenses incurred by SELLER in connection with this transaction (excepting SELLER'S attorneys' fees), including, without limitation, recording fees, conveyance fees, settlement fees, closing costs, and transfer, documentary and intangible taxes of even/nature and kind whatsoever, shall be borne and paid by BUYER. A. BUYER agrees to indemnify and hold harmless SELLER against and from all claims, demands, causes of action, judgments and liabilities which may be asserted or recovered for fees, commissions or other compensation claimed to be due to any broker, finder or intermediary with whom BUYER may have dealt in connection with the transaction, including costs and reasonable attorneys' fees incident thereto. B. This provision shall survive closing. Closing shall take place during normal business hours at the County Attorney's Office, Collier County Courthouse, 3301 East Tamiami Trail, Naples, Florida, 34112 or such other location as SELLER may select, within sixty (60) days after execution of the Real Estate Sales Agreement between BUYER and SELLER. A. This written Agreement, including all exhibits attached hereto, shall constitute the entire agreement and understanding of the parties, and there ara no other prior or contemporaneous written or oral agreements, undertakings, promises, wan'anties or covenants not contained herein. B. This Agreement may be amended only by a written memorandum subsequently executed by all of the parties hereto. C. No waiver of any provision or condition of this Agreement by any paffy shall be valid unless in writing signed by both parties. No such waiver shall be taken as a waiver of any other or similar provision or of any future event, act or default. D. Time is of the essence of this Agreement. in the computation of any pedod of time provided for in this Agreement or by law, any date falling on a Saturday, Sunday or legal holiday shall be deemed to refer to the next day which is not a Saturday, Sunday or tegal holiday. E. In the event that any provision of this Agreement shall be unenforceable in whole or in part, such provision shall be limited to the extent necessary to render the same valid, or shall be excised from this Agreement, as circumstances require, and this Agreement shall be construed as if said provision had been Incorporated herein as so limited, or as if said provision had not been included herein, as the case may be. F. Headings of paragraphs are for convenience of reference only, and shall not be construed as a part of this Agreement. G. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, and their respective heirs, executors, personal representatives, successors and assigns, provided, however, that this Agreement may not be assigned by BUYER without the prior express written consent of SELLER, which consent may be withheld for any reason whatsoever. H. Any and all notices permitted or required to be given hereunder shall be in writing to the parties at the addresses set forth on page 1 and shall be either personally delivered to the party or shall be sent by United States mail, postage prepaid, registered or certified mail. Any such notice shall be deemed given and effective upon receipt or refusal of delivery thereof by the primary party to whom it is to be sent. I. This Agreement shall be governed and construed in accordance with the laws of the State of Florida. J. This Agreement may be executed in any number of counterparts, any or all of which may contain the signatures of less than all of the parties, and all of which shall be construed together as but a single instrument. K. In the event of the institution of legal proceedings in connection with the enforcement of this Agreement, the party prevailing therein shall be entitled to recover the costs and expenses incurred in connection therewith, including, without limitation, reasonable attorneys' fees. L. Possession of the Premises shall be delivered to the BUYER at closing. M. The word "Closing" or words of similar import as used in this Agreement, shall be construed to mean the originally fixed time and closing date specified herein or any adjourned time and date provided for herein or agreed to in wdting by the parties, or any earlier date permitted herein. N. This Agreement is between SELLER and BUYER and no other party shall, under any circumstances, be deemed to be a beneficiary of any of the terms and conditions to be performed by SELLER pursuant to this Agreement. O. All of the parties to this Agreement have participated fully in the negotiation and preparation hereof; and, accordingly, this Agreement shall not be more stdctly construed against any one of the parties hereto. P. Neither this Agreement nor any memorandum or evidence hereof shall be recorded in any public records by BUYER. If so recorded by BUYER, this Agreement shall be deemed ipso facto canceled and terminated, the Deposit shall thereupon be retained by or paid to SELLER as liquidated damages for such default, and BUYER shall have no further interest in the Premises, pursuant to this Agreement or otherwise. Q. Any pdor agreements, representations, understandings or oral statements, including, but not limited to rendering or representations contained in sales brochures, maps, sketches, advertising or sales materials, and oral statements of sales representatives, if not expressed in this Agreement, are void, have no effect, and have not been relied upon by BUYER. PROJECT: Naples Manor Extension (HUI) '[ 6 A 6 4~.' FOLIO: 62204480008 COUNTY, a political subdivision of the whcae Tamlaml Trail East, Naples, Florida 34112, (heralnafter called the Grantor), to IMMOKALEE HABITAT FOR HUMANITY, INC,, A FLORIDA NON-PROFIT CORPORATION, N/K/A HABITAT FOR HUMANITY OF COLLIER COUNTY, INC., whose post office address is P.O. Box 1671, Immokalee, FL 34143 (heralnaffer called the Grantee). (Whenever used herein the terms "Grantor' and "Grantee' Include all the parties to this instrument and their respective heirs, successors and assigns.) WITNESSETH that the Grantor, for and in consideration of the sum of Ten Dollars, ($10.00) to it in hand paid by the Grantee, (its heirs and assigns forever) receipt whereof is hereby acknowledged, has granted, bargained and sold to the Grantee, the following described land lying and being in Collier County. Florida: Block 6, Lot 10, Naples Manor Extension as recorded in Plat Book 3 Page 101 of the Public Records of Collier County, Florida Subject to easements, restrictions, and reservations of record. IN WITNESS WHEREOF the said Grantor has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chairman or Vice Chairman of said Board, the day and year aforesaid. Al-rEST: DWIGHT E. BROCK, Clerk ~'~T~r. ~ ~AmirmXnD~pu'y Clerk (OFFICIAL SEAL) BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Bar. rs B. Ch'alrm r;" , Approved as to form and legal sufficiency: Assistant County Attorney IN WITNESS WHEREOF, the parties have caused this Agreement to be executed aa of { the day and year first above written. AS TO SELLER: DATE: ATTEST: ~" D ,WIGHT E,,,'BR~OC~? Clerk ttest s~.f~, ~af .r~ ~ .: ' . , '~ep~Cle~ '", ~ ~,,~'-' AS TO DATE: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BarbWire I~. Berry, C'halrm~ln ~ WITNESSES: (Printed Name) ignature) Z,. (Pdnt~ Name) Immokalee Habitat for Humanity, Inc. a Florida Non-Profit Corporation, n/~'a Hablt~F~/uman'dy of ~i~ounty, Inc. Presldent/Vl~,~'m,aN~ STATE OF -~[~:y'i ~ COUNTY OF ~ Th? Real Estate Sa_l~es Agre. ement was aqkn. owJedged b~efore me t..b.hls ~.~ day of (~.2colo*~ .,l~,~_..by ?c~rY~cU~z~ ~/,~me),_~;=r,~ ~::~,~(Title) on behalf of Immokalee Habitat for Humanity, Inc., a Florida Non-Profit Corporation, nrk/a Habitat for Humanity of Collier county, Inc., who is personally known to me or who has produced '"~,','~ L~..~.. as Idmltificatlon. (NOTARIAL SEAL) Approved as to form and,legal su~cierlcy: Heldl F. Ashton Assistant county Attorney R~TARY PUBL~ (Slgna~ra) (Print or Type Name) Sertal/Comm ssion # My Commission Expires: CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAIN; gNANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTScntcredintothis,~t/,~t, dayof '~~ ,l~ll. betwa:n Gr~y Oaks D~v. lopmont Corporation, hereinafter referred to as "l%".~:lopcr". mxt thc Board of Count' Commissioners of Collier County, Florida, b:n:ina, ftcr referred to as "Thc Board". RECITALS: Dex~:lolx:r has, simultaneously, s~th thc dclis~:~' of this Agmcm~mL applied for lh~ approval by thc Board ora certain plat ora subdivision to bc kno~xn as: Gn.T Oaks Unit 12 Parcel 9. B. Division 3.2 of fl~c Collier Count, Land Ek:vclopmcnt Code require flu Developer to post apprupriat~ guaranto~ for th~ ~onstn,ction of thc impro,,,:monu required b.v said subdivision ragulations, said guarantees to b¢ incorporated in a bonded agreement for th~ construction ortho requin:d improv~raents. NOW, THEREFORE, in consideration of thc £oregoing premtses and mutual ~ovmants hereinafter ret forth. Develol~r and th~ Board do hereby covenant and agre~ as follows: I. Developer will ~ause to b¢ constructed: Thc paving, drainage, potable wator, irrigation sanitaD., se~,,~r and street lighting improvements for Gr~' Oaks Unit 12 Pana:l 9 ~thin t~nty-four (24) months tic, ii th~ dat~ of approval of said subdivision plaL said improvement hereinat~' ~ to as thc "r~quin:d impruvements." 2. tX.-veloper hcrcx~ith t~nders its subdivision performance seeudt)' (attached hen:to aa Exhibit and by rcf~nc~ rnad~ a part h~mo0 in thc amount ors 329,325.65 ~hich amount mpn:s~mts ten ~ic.~t (10%) of thc total contract cost to complete construction plus om: hundred p~rcent (100%) ofth~ ~stimat~l cost of to complct~ thc required improvcm~ts at th{: date of this Ag~-'nt. Page I of 4 3 In thc ~.'s~.'nt of default by the EX:vcinper or failure of' thc D~'vcloper to complctc such impro,,x:mc~ts within the time n:quin.'d by II~ L,'md IX'v~lopm~t Code. Collier County, ma), call upon ~ subdivision pcrformance sccurit)' to insure satisfactory, complctioa of'thc rcquin:d improvements, 4. Thc n.'quin,xl improvcnv~ts shall no( b¢ cousidcrcd compl~'~c until a statemcat of' substantial complction by Dcs~lopcr's ~gincer along ~,,-ith thc final projcct records hay,,: k',,.-n fumislxxl to be rcvic, s,,~d and approved by thc E)cs:clopmc~t Scr-,,ic~. Dircetor for compliance with rig Colli~.v County Land Dcvclopmcnt Code, 5. The D,.',,~:lopn'~.'nt Services Director shall, ~,,ithin six~' (60) days of n.,o,'ipt of th~ statcmoqt of' substantial compl~.'tion, either: a) notify thc I:k..,~:loper in xwiting of its pmliminm3.' approval of' tl~ imptos~:m~:nts; or b) no,iff,., thc Dcv~lopcr in X~Titing of iLS n:fusal to approw impro,.~'n~.~LS, dv,:ix.'with specifying Ihos~ conditions v,'hich thc Dcvelopcr must fulfill in ordcr to obtain thc Director's approval of thc ir. provcmcnLs, However. in no event shall ',,he Dcvclopmcnt Services Dircetor mfus~ pmliminmT, approval of thc impro'~mcnts ifthey arc in fact consm~ctnd and submitted for approval in accordance with thc requin.-mcnts of this Agn.'ernont. 6. The Dcvclopcr shall mainh'fin all required improvcmcnLS for a minimum period of one ycar after prcliminary appm',,'al by ~c 13~.'vclopmcnt Scrvio..~ Dircctor, After thc one .~ar maintcnanc~ period by thc Dcvcloper h~ terminated, thc Ek.'v~loper shall petition thc Ek.'vclopmcnt Services Din:trot to inspect ~ rcquircd improvanents. Thc Dcs~:Iopment Scn4ces Dircetor or his d~signa: shall inspcet thc improvtmonts ancL if'found to bc still in compliance v. ith thc Collicr Count)' Land Dcvclopmcnt Cndc as rcflceted by £mal approval by th(: Board. thc Board shall rclcas~ thc remaining tcn percent (10%) of' thc subdivision pcrformanc~ security, Thc D~.'v~loper's rcsponsibilit)' for maint~.'n,'mcc of thc rc.'quircd improvcn~'nLS shall continue unlt..'.'.'.'.'.'.'.'.~s or until ~c Board ~cccpts naintcnanco r~.sponsibility for and by th~ Count)'. 7. SLx (6) months afar thc ~xccution of 0ais Agra:mcat and ouc~ v, ithin ~ six (6) months thcrcafta' th~ [k'wlofx,-r ma), mClUCSt thc D~'clopmoat Sgrvices Director to ra:luc~ tim dollm' amount of` subdivision performance security on thc basis of s~ork compl~..~c(t. Each rcqucst for a rcdoction in thc dollar amount of ',he subdivision performance security slrdl I~ accompanictl by a statcmcnt of'substantial completion by Page 2 o1'4 thc Dc~lopcr's cnginccr togctho' with d~c project records ncccs.~..' for n,wh,'~v by thc Dcvclopmcnt Scrviccs Director. Thc [k.-vclopmcnt Scrviccs Dircctor may stunt thc n.xltmst for a reduction in the amount of thc sulxiivision performance security for thc impm&~,,mcnts comph,'ted as of thc datc of thc request. g. In thc event d~c Ek,~.~clolx,'r shall fail or ncglcct to fulfill its obligations unda' Ibis Agrccrnc~C upon cc~ficatioo of such failure thc County. Administrator rna.,,' call upon thc subdivision poq'omrmcc security to secure satisfanton/completion, repair and maintc~'u~ of thc nxluircd improvongmLq. TI~: Board shall ha~ the fight to construcl and maintain, or cause to bc cos~ruc~l or maintained, pursuit to public advcnis4,wn~,mt and receipt and accc'pt,'mcc of bids, thc impmv:,'mcnts n:quin:d bercin. Thc Developer, as pnnCipal under subdivision pcneon~qncc sccurity, shall be liable Io Ix~y and to indcnmifi.' thc BoarcL upon completion of such consUuction, the final total cost to O~c Board thcn:of, including, but not limited to, onginco'ing. Icsal and contingent costs, tog:,qhcr x~qfl~ any damages, cithcr dirccl or consequential, which thc Board may sustain on account of thc failurc o£tlx: [Xwclopcr to fulfill all ofihe pmwsions of ibis Agrconx:nt. 9. All of d~c terms, covcnants and conditions bert:in coutained arc and shall be binding upon the IXwclopcr and Ihc rcslx:cUvc successors and assigns of Ibc IXwclopcr. IN WITNESS WHEREOF, frae Board and thc [:~'clopcr ha,,¢ caused this Agrecmcnl Io be executed by Ibeir du,ly authorirxxl rqxcscntativcs this __ ~ of .199g~ Pnge 3 of 4 DEVELOPER: Signed. Scaled and Ek:li~wed in th~/presence of: Si~tum) :- , Printed ~ t2.. ~xt name Signatur6 7,~,, ,;",, ,b~ .. ,, .... . Printed or b'Ix:d name By: ~ James M Inl~ hinted o~ blx'd Vice-President of E~inecrlne and Comtmction Title A~ ir. SE Appro)~d as lo £orm~ and legal sufficiency: ?l.X, ./..i;' ...... D~,,kl C. Weigel, ~ir~ Collier Coun~ Allom%, BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA Page 4 of 4 AGREEMENT FOR SCOREKEEPER SERVICES This Agreement entered into this ,~.o~ day of November. 1998, by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as the "County", and the Naples Scorekeepers Association of Naples. Florida, hereinafter referred to as "NSA". In consideration ofthe covenants contained herein, thc panics hereto agree as follows: SECTION ! - NSA shall furnish Scorekeepers tbr all adult softball and youth basketball games conducted by the Collier County Parks and Recreation Department. SECTION II - The County shall pay NSA for furnishing scorekeepers the following rates payable as provided herein: A. ADULT SOFTBALl. - $7.50 per game. Approximately 1.500 games anticipated to be played December through November inclusive. B. YOUTH BASKETBALL GAMES - $6.50 per game. Approximately 120 games anticipated to be played January through February inclusive. The above standards are approximate in nature and NSA shall not obligate the County to a specific number of games, nor to a definite period of time within the calendar year in which said games will be played. The rates mentioned include extra innings, if necessary. SECTION III - NSA shall provide: A. Scorekeepers for all games. B. A pre-season list of registered scorekeepers for consideration by the County shall be furnished to the County before each season or league. C. The County shall have the authority to review the conduct and effectiveness of scorekeepers. The County. reserves the right to require NSA to replace any scorekeeper who is deficient in meeting standards established by the County.. SECTION IV - In the event of postponement or cancellation of a scheduled contest herein, the County shall bear no cost if the scorekeeper or a Board member of NSA IS NOTIFIED ONE ttOUR PRIOR TO GAME TIME. A. If the scorekeeper (s) are not notified of postponement or cancellation prior to arrival at the field for a scheduled contest, the scorekeeper (s) will be compensated for one game even though no game is played. B. In the event a contest which is in progress is canceled due to inclement weather, electrical outage, or circumstances beyond the County or NSA's control, scorekeepers will be paid for games completed and any games in progress at the time of cancellation. SECTION V - Thc Agreement shall be in effect from November (). 1998 through November (). 1999. Amendments to this Contract shall be in writing and signed by both panics. The County may, at its sole discretion, extend this Agreemcnt under all of thc terms and conditions contained in this Agreement for up to one additional year following expiration of the original term. SECTION VI - Payment of scorekeepers ,.viii be made in accordance with Collier County Purchasing and Finance Department procedures. NSA shall render to the County a biweekly statement, showing the number of games worked by its scorekeeper (s). The statement shall contain a certification by an officer of NSA that he/she has reviewed the statement and that the information contained therein is tree and correct. This statement shall be mailed to: Attn.: Athletic Supervisor Collier County Parks and Recreation Department 3300 Santa Barbara Boulevard Naples, Florida 34116 SECTION VII - It is expressly understood that NSA scorekeepers are independent contractors and not agents or employees of the County and therefore not entitled to benefits normally afforded employees of the County. This provision is not intended to apply to any County employee xvho acts as a scorekeeper. · SECTION VIII - NSA agrees to verbally notify the County's Athletic Supervisor as to time and location of organizational meetings one week prior to said meeting date. SECTION IX - All notices from the County to NSA shall be deemed duly served if mailed by registered or certified mail to NSA at the following address: NSA P. O. Box 10281 Naples, Florida 34101 All notices from NSA to the County shall be deemed duly served if mailed by registered or certified mail to the County to: Athletic Supervisor Collier County Parks and Recreation Department 3300 Santa Barbara Boulevard Naples, Florida 34116 NSA and the County may change the above mailing addresses at any time upon giving the other party v, xinen notification. SECTION X - If NSA fails to comply with any of the terms and conditions hereof and such default is not cured within five (5) days after written notice is given to NSA, the County may terminate this Agreement for any other reason or no reason, and at any time, within ten ( I 0) days after further written notification to NSA. SECTION XI - The NSA will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper immoral or offensive purpose, or for any purpose in violation of any federal, state, County or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event or such violation by NSA or if the County or its authorized representative shall deem any conduct on the part of NSA to be objectionable or improper, the County shall have the fight to suspend this Agreement with NSA should NSA fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. NSA further agrees not to continue performance under this Agreement during the suspension period until the violation has been corrected to the satisfaction of the County. SECTION XII - NSA agrees that there shall be no discrimination as to race, sex, color, creed, or natural origin. SECTION XIII - Nothing herein contain~ed shall create or be construed as creating a partnership between the County and the NSA or to constitute NSA as an agent of the County. SECTION XIV - This Agreement shall be administered on behalf of the County by the Parks and Recreation Department. SECTION XV - It is further understood and agreed, by and between the parties herein, that the within Agreement is subject to an item of annual appropriation contained in the County budget. SECTION XVi - NSA, its officers and members shall, through the signing of this document by an authorized party or agent, indemnify, hold harmless and defend Collier County and its agents and employees from all suits and actions, including attorney's fee~ and all costs of litigation and judgment of every name and description bought against the County as a result of loss, damage or injury to person or property by reason of any act or failure to act by NSA. its agents, servants or employees. 1N WITNESS WItEREOF, NSA and the County, have each. respectively, by an authorized perso, n or ~nt, hereunder set their hands and seals on thc date and year first above written. Attest as to Chairman's stgnature only. BOARD OF COUNTY COMMISSIONER COLLIER COUNTY, FLORIDA DATE: WITNESS l~th 1 c:~n Arlol:te Typed Name ~TNESS James R. T~omas, Athletic Typed Name NAPLES SCOREKEEPERS ASSOCIATION OF NAPLESS, FLORIDA Signature Pa% Cook_-on, President Typed Signature and Title Approved as to form and legal sufficiency: · 4ssistant County Attorney AGREEMENT FOR VETERANS TRANSPORTATION SERVICES THIS AGREEMENT is entered into this 24th day of November, 1998 at Naples, Collier County, Florida by and between Collier County Veterans Council, Inc., hereinafter referred to as "Veterans Council," and the Collier County Board of County Commissioners, a political subdivision of the State of Florida, hereinafter referred to as "County." WlTNESSETH: WHEREAS, there are more than 23,000 veterans residing within the Collier area; and WHEREAS, there is a critical need for transportation services for veterans in Collier County; and WHEREAS, the need for veteran transportation services cannot currently be met by the presently-existing veterans program of Collier County nor by the City of Naples; and WHEREAS, Community Transportation Systems, the transportation program funded by the State and County is not currently providing transportation to meet veterans' needs; and WHEREAS, the Collier County Board of County Commissioners has unanimously voted to work with the Veterans Council to immediately address veterans' transportation services needs by supporting the veterans' transportation services. NOW, THEREFORE, in consideration of the mutual promises, benefits, obligations and agreements hereinafter set forth, the County and the Veterans Council hereby agree as follows: lof 7 1. Collier County Veterans Council. Inc. There exists within the Collier County Veterans Council, Inc. a "Veterans Transportation Service" program with the followin8 goals and objectives: a. To enlist a corps of volunteer drivers and other staff. b. To provide a vehicle for the exclusive use of veterans and their dependents. c. To set up and staff a scheduling desk with the Office of the Department of Veterans Services. cl. e. veterans and their dependents. f. To provide veterans transportation provide all future necessary transportation, as required. 2. To provide transportation to and from medical facilities. To provide transportation services to accommodate the needs of services immediately and to Veterans Council Reouirements. The Veterans Council shall provide the following in order to assist in the operation of the Veterans Transportation Service Program: a. Tile Veterans Council shall enlist and maintain a file of addresses, phone numbers and copies of valid driver licenses for a corps of volunteer drivers and other staff to administer veterans transportation scheduling. b. The Veterans Council shall provide to the County a copy of the driver license of each Veterans Transportation Service Program driver prior to said driver operating any County owned or County provided vehicle. 2of 7 16C5 The County shall have the right to review all driving records of any Veterans Transportation Service driver for whom the Veterans Council has furnished a copy of said driver's license to the County. The County shall further have the right to accept or reject drivers proposed/furnished by the Veterans Council in accordance with the County's review of said driver's driving records and the driver qualification standards established by the County. c. The Veterans Council shall maintain vehicle records and documents as reasonably directed by the County pursuant to the Ford Motor Company Fleet Test Equipment Loan Agreement between Ford Motor Company and the County (including any amendments thereto) dated October 22, 1998. d. The Veterans Council shall set up and staff a scheduling desk within the Office of the Department of Veteran Services of Collier County. e. The Veterans Council shall maintain all financial records and reports relating to appropriated funds and funds paid under this Agreement. f. The Veterans Council shall maintain books, records, documents and other evidence using accepted accounting procedures which fully and properly reflect all direct costs of any nature expended in the performance of this Agreement. g. The Veterans Council shall allow inspection, review or audit of all financial records pertaining to the Veterans Transportation Service by County personnel upon reasonable notice. h. The Veterans Council shall retain all books, records and other documents relative to this Agreement for three years after payment. 3of 7 i. At all times during the term of this Agreement the Veterans Council shall maintain its legal ~not-for-profit" corporate status. The Veterans Council shall furnish United States Internal Revenue Service documentation confirming said status upon request of the County. 3. Collier County Reouirements. The County requirements regarding the Veterans Transportation Service shall be: and fuel programs. d. a. The County shall accept, as a bailment, the vehicle provided by Ford Motor Company pursuant to the Ford Motor Company Fleet Test Equipment Loan Agreement (including any amendments thereto) between Ford Motor Company and Collier County Board of County Commissioners dated October 22, 1998. b. The County shall require that such vehicle shall be used primarily to accommodate transportation needs of veterans and their dependents. The vehicle shall be used under the supervision and direction of the Veterans Council. The County shall also include the vehicle under its County insurance The County shall provide one parking space for the vehicle used in the Veterans Transportation Service. e. The County shall support the Veterans Transportation Service Program with a $750/month operating budget plus $1000 in insurance coverage (a total of $10,000 per year) to cover the operation and maintenance for the duration of the Agreement 4of 7 between the County and Ford. The County Finance Department shall create a separate cost center for expenses of the Veterans Transportation Service Program. f. Unexpended funds at the end of each fiscal year shall be returned to the County. 4. 2001. Term of A_ereemer11, The term of this Agreement is from November 24, 1998 to November 1, 5. Termination. Should either party be in material violation of any of the requirements of this Agreement, the other party may terminate this Agreement upon thirty (30) days notice to the other party. Either party may terminate this Agreement for convenience upon ninety (90) days written notice to the other party. 6. bmJ~sctiz~3a~, There shall be no discrimination on the basis of race, color, sex, religious background or national origin in the performance of this Agreement in regard to the provision of veterans transportation services. 7. Amem.dme. a~ No modification, amendment or alteration to the temps and conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 5 of 7 8. Notices. All notices, requests, consents and other written communications required or permitted under this Agreement shall be in writing addressed as follows: If to the County: If to the Veterans Council: Veteran Services Attn: Peter Kraley, Director 3301 East Tamiami Trail, Building H Naples, Florida 34112 Collier County Veterans Council, Inc. Attn: Chairman 327 Ivywood lane Naples, Florida 341 t2 or such other address as any party may designate by notice complying with the terms herein stated. 9. Aizreernent Subject to Annual Ao~rooriation. Ti~o parties hereby expressly agree and understand that this Agreement is subject to an annual appropriation by the Collier County Board of County Commissioners. IN WITNESS WHEREOF, the parties, through their duly authorized representatives, hereby execute this Agreement on the day and year first above written. ATTEST: DWIGHT E. BROCK, Clerk ~ttest as to Chatr~n'$ s~gnature onlj. BOAR[.) Of COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA B,~ARA B. J~ERR'~ Chai~l'~an-~ 6 of 7 Witnesses: COLLIER COUNTY VETERANS COUNCIL, INC, Approved as to form and legal sufficiency: Chief ~sistan! County 7of 7 CONTRACT ~ F992 REQUEST #: AVT8115V 16C5 FORD MOTOR COMPANY FLEET TEST EQUIPMENT LOAN AND EVALUATION AGREEMENT THIS AGREEMENT is entered into this 22 day of October. 19 98, by and between FORD MOTOR COMPANY, a Delaware corporation (Ford), with offices at The American Road, Dearborn, Michigan, end C.,o~li~ County C0mmissiorlers, a Fi0rid~3 corporation (Borrower). with offices al 1 ' Bid(3. 'H'. Second Floor. Room 212. Naples Florida 341'~, RECITALS Ford is w~lling Io lend to Borrower certain equipment ("Equipment") described in Paragraph t hereof for lhe purpose of aiding Ford in evaluating various aspects of the products il manufactures and/or sells. Borrower is willing to accept the Equipment and use il for the purpose and in accordance with the terms and conditions of this Agreement. TERMS & CONDmONS Bailment. Ford and Borrower agree that this Agreement shall constitute a bailment of Ihe Equipmenl to Bon'ower. Ford hereby lends the following Equipment to the Borrower to be held and used by Bon'ower, as a bailee of the Equipment. in accordance with this Agreement: ITeM 1999 Windstar DESCRIPTION 2FMIA5141XBAO0013 IDENTIFICATION 590W311 P:\FLE ET~BAILM EN%VEH S EL FA.DOC (AV678F03) Issue Date: January, 1992 Revision Date: August 31. 1998 Author: John Dickerson, Snr. Atty., OGC Page 1 of 7 1 6{:5 CONTRACT ti: F992 REQUEST#: AVTI~115V Location and 3'file. Borrower shall utilize the Equipment in its fleel operations in the contk~uous 48 slates area tot the purpose of assisting Fon:l in evaluating ~ts products, The Equipment shall remain the property o! Ford. The Equipment shall at all times be properly used and maintained by Borrower and shall be marked 'Property ef Ford Motor Company". The Equipment shall not be removed from Ihe area referred lo above, without Ford's prior written approval, for any reason other Ihan delivery to Ford. Upon request by Ford. the Equipmenl shall be immediately delivered to Ford. Ford shall have the right to enter onto Borrower's premises at all reasonable times to inspect the Equipment and Borrowers records with respect thereto Borrower shall from time to time advise Ford of the location of the Equipment. Indemnity. Borrower shall defend, indemnity, and save harmless Ford and its subsidiaries and their respective officers, directors, agents, and employees (hereinafter collectively called 'lndemnitees") trom and against any and all losses, damages, claims, actions, costs and expenses, including, but not limited to, fees and expenses of legal counsel and expert witnesses, that may be imposed upon or incurred by or asserted or entered against the Indemn~tees. or any of them. by reason of actual or alleged: (r) injury to or death of persons (including. w~thout lim~at~on, any employee or employees of one or more of the Indemnitees or of ~orrower or of one or more of its contractors, subcontractors, vendors or agents); 00 loss of or damage to lhe property of any person or legal enl~ (including, without limitation, any property of any employee or employees of one or more of the Indemnitees or of Borrower or of one or more of its contractors, subcontractors, vendors or agents): or (iii) violation of any law, ordinance or regulation of any governmental authority (including, wffhout limitation, the United States of America or any of its states or localities, or Canada or any of its provinces or localities) by Borrower or by any of its contractors, subcontractors, vendors, agents or employees: as a result of or arising out of or in connection with the testing, evaluation, possession or use. by or on behalf of Borrower, of the Equipment, or the condition thereof: provided, however, that the foregoing agreement to indemnify and hold the Indemnitees harmless shall not be applicable to the extent that any such loss, damage, claim, action, suit, judgment, decree, order, cost or expense are attributable to the sole negligence or the willful or wantof~ misconduct of the Indernnitees. Borrower shall promptly notify Ford of any event covered by this Paragraph of which Borrower has actual notice, and Ford shall be entitled to participate in lhe defense of any claim for expenses. 4 Taxes, Fees, and Other Permits. Borrow shall pay all occupat~nal taxes and governmental charges imposed in connection wflh the use and operation of the Equipment. including any permits, special permits, licenses or taxes required by the business of Borrower, emissions tests, and all sales, use, excise, personal property, stale, provincial and mileage taxes, tolls, or any other taxes or fees ( and all Increases therein) currently in force or which hereafter may be enacted and become due and payable during the lease term with respect to the Equipment or its ownership, possession, rental, transportation or delivery. Borrower shall assume responsibility for ensunng that the Equipment has been propedy registered, including any required inspections or testing, in accordance with the laws ol P:\FLE E%BAILM ENT~VEHSELFA.DOC (AV678F03) Issue Date: January, 1992 Revision Date: August 31. 1998 Author: John Dickerson, Snr, Atty., OGC Page 2 of 7 1695 CONTRACT #: F992 REQUEST #: .~VT~I the jurisdiction where the Equipment wilt be primarily used. Except as ofhemifse provided herein. Ford shall obtain and provide Borrower with all necessary authorizations, permits, waivers or exemptions which may be required from a govemment agency to operate the Equipment on public highways. Borrower shall use. operate, and test the Equipmenl only in accordance wilh the lerms and provisions of any such authorization, permit, waiver or exemption, and expressly agrees Io indemnify and hold harmless Ford from and against any and all damages, suits, actions, claims. costs or expenses arising from. or connected with. any v~olation or noncompliance with any ol the terms and provisions of any such authorization, permit, waiver or exemption by Borrower or any of its agents or employees Insurance. Borrower states that to the extent it is either qualified as a self-insurer for automobile liability anG/or is self-insured for comprehensive general liability. Borrower agrees to meet the requirements afforded by commemial automobile liability and commercial general liab~ity insurance coverage as outlined below, with limits of not less than $1 million combined single limit each occurrence, as if such insurance had so been purchased. To the extent Borrower is insured, the following requirements for procuring and maintaining such insurance apply: Borrower. at its sole cost and expense, shall procure and maintain during the term of lhis Agreement. from insurers 1isled in a current 'Bests Insurance Guide' as possessing minimum policyholder's rating ol 'A-' and a financial category of 'VI'. commercial automobile liabi~y and commercial general rmbifity insurance covering body injury liability and properly damage liabirffy, including broad ~orm property damage liability and contractual liability coverage (either a blanket policy or a policy applying specifically to this Agreement). with limits of not less than $1 million combined single limit per occurrence of loss or damage. Such insurance coverage shall protect the Borrower. Ford and any person using, operating or otherwise having an interest in the Equipment and shall also meet the requirements of any so- called "no-fault' law now in effect or which hereafter may be enacted. Such insurance policy shall name Ford as an additional insured arxl shall provide that the policy may not be cancelled or materially altered without 30 days prior written notice to Ford. The insurance provided by Borrower will be primary insurance and will not be excess to or contr~utory with respect to insurance coverage, if any. provided by Ford. In addition. Ford shell be named as an additional insured on any excess or umbrella program purchased or maintained by Borrower. At or before delivery of the Equipment to Borrower. Borrower shell provide Ford with acceptable evidence ol insurance coverage in accordance with lhis Agreement by delivering certified copies of insurance policies that provide the required coverage, or certified copies o! existing insurance policies that have been endorsed to provide the required coverages, or certificates of insurance executed by the insurer or its authorized representative that certify the required coverages. The lumishing of such insurance shall not relieve Borrower from any liability or obligation for which it is othei",vise responsble to Ford. Ford shall be under no duty to examine any certificate provided by Borrower or to advise Borrower that its insurance coverage does not comply with the requirements set forth herein. Maintenance and R~[~;~ir~. Borrower shall inspect the Equipment upon delivery and by acceptance thereof is deemed to find the Equipment in good working order and concfdion. Borrower or its designee shall maintain the Equipment in good working order and condition, properly serviced and greased, and comply in every respect with the provisions of Paragraph 10 hereof, and of the manufacturer's owner manual that came with the Equipment. Ford or its designee shall make, and Ford shall pay for, all major repairs necessary to maintain the Equipment in good working order and P:',FLEET'BAILMENT~VEHSELFA.DOC (AV678F03) Author: John Dicker'son. Snr. Atty., OGC Issue Date: January. 1992 Page 3 of 7 Revision Date: August 31. 1998 16C5 CONTRACT #: F99~ REQUEST#: ^VT811~¥ condition. T'~le to all such repairs shall vest ~n Ford All repaim and servicing shell be done by qualified service personnel except that warranty work. to the extent practicable, shall be done a! Ihe shop ol the nearest authorized dealer in such make ol the Equipment. Borrower shall pay for all gasoline, oil and normal service required for the proper operatK)n of the Equipment and for all washing, parking, garage, highway road sen/ice, tolls and fines required or incurred in connection with the operation of the Equipment. Delivery and Return of I~quipment. Ford shall be responsible for delivery ol the Equipment to Borrower at Tamiami Ford Naolas. Ford shall not be respens~31e tot any delay in delivery ol the Equipment. Borrower shall return the Equipment to Ford, at a location designated by Ford, no later than the close ot business on October 21 st. 2001 Use ol Equipment. Bon'ower shall utilize Ihe Equipment for the purposes of modification, testing and/or evaluation as specified by Ford from time to time Borrower shall ufihze the Equipment in its normal fleet operations or as otherwise agreed by Ford in writing Borrower shall no{ use or operate the Equipment in violation of any federal, state, local or provincial law, rule, regulation or ordinance including those pertaining to the age and licensing ol drivers, the disclosure ol Ford's interest in the Equipment. or other requirements or limitations. Under no circumstances shall Borrower disconnect any odometer or other mileage recording device nor shall the Equipment be used or operated (a) in a manner subjecting if to depreciation above the normal depreciation associated with general commercial use. (b) for any illegal purpose or by a person tinder the influence of alcohol or narcotics. (c) in any manner or for any purpose that would cause any insurance specified in this Agreement to be suspended, cancelled, held inapplicable or increased in cost. or (d) outside the continental United States or Canada without Ford's express written permission. The Equipment shall be operated at all times in a sate. careful and lawful manner and by legally qualified drivers, The Equipment may be operated only by persons who are employees of the Borrower and stand in relations to Ihe Bon'ower as employee to employer. Further, the operation of the Equipment shall be conducted under the exclusive supervision, direction and control of Borrower. Under no circumstances shall an employee of Borrower be considered or held out as an agent, servant or employee of Ford. Inspeclion and Reports. Borrower agrees to allow Ford to inspect the Equipment and to otherwise observe it in fleet operation at such time and facility as Ford may specify. Borrower shall provide Ford with such mileage, maintenance, safety, operating or other inlormation or copies of any such records maintained by Borrower with respect to the Equipment as Ford or any governmental agency may require from lime to time. 10 Risk of L,0~. Borrower shall assume all risks ol toss with respect to the Equipment, including loss or damage that occurs despite Borrower's exercise ol reasonable care. but excluding normal wear and tear, from the time if is delivered by Ford to Borrower at Tamiami Ford and until the Equipment has been returned to Ford at its local district sales office or at such other local Ford dealership as Ford may designate In the event ol damage to the Equipment, Bor'~ower shall noilly Ford to that effect and follow such instructions as Ford may provide with respect to repair or disposal oi the Equipment. Bon'ower shell be responsible for payment of any repairs to the extent not covered by insurance inuring to the benefit of Ford. If any Equipment is lost, stolen, destroyed or is declared a total constructive loss (subject to Ford's agreement as to such condition), Born3wer shell promptly notify Ford thereof and hold any w~'eckage for disl:x~al by Ford. With respect to any k3et, stolen, or P:\FLEE%BAILMENT~VEHSELFA.DOC CAV678F03) Author: John Dickerson, Sar. Arty., OGC Issue Oate: January, 1992 Page 4 of 7 Revision Date: August 31. 1998 16C5 CONTRACT #: F99~ REQUEST#: AVT8115V destroyed Equipment, Borrower shall pay Ford (to the extent not covered by insurance inuring to the benefit of Ford) an amount equal to the wholesale market value for comparable Equipment in a condition similar to the list, stolen or destroyed Equipment immediately prior to any such liss. 11¸ Pro(~edure~, 9n A(;:~:ident.~. Within 24 hours of an accident, theft or conversion ol any Equipment, Borrower shall file a written repo~l to that effect with Ford and the insurer of such Equipment. Bon'ower shall promptly notify and furnish Ford with every demand, notice, summons, process and pleading received in every suit, action or claim arising with respect to the condition, use or operation of the Equipment, and cooperate with Ford and the insurer in defending the same, Ford reserves the right to examine any such Equipment. 12. Termination. Ford may terminate this Agreement at any time by giving 30 days ~ior wrftten notice lo Borrower, except that Ford may terminate this Agreement effective immediately upon written notice to Borrower. in the event Borrower fails to provide or maintain any insurence required hereunder, or in the event of the filing of any pelition by or againsl Borrower under any bankruptcy, reorganization, receivership law, or Borrowers making an assignment for the benefit of creditors, or if Borrower makes or suffers any voluntary or involuntary assignments, or attachment, lien, or ~ is made of or attached to the Equipment, or in the event Bon'ower otherwise fails to adhere to the terms and conditions of this Agreement. Borrower may terminate lhis Agreement at any time by giving 30 days prior written notice to Ford. Upon termination by either party, Borrower shell make all Equipment immediately available Ior return to Ford. The obligations and rights provided in Paragraphs 3, 10, 14 and 1 $ shall survive termination of this Agreement. 13. Assiqnment. Borrower is expressly prohibited from assigning this Agreement or delegating performance of any of its obligations hereunder without the prkh' written consent of Ford. Ford shall not be prohibited from selling, assigning, transferring or olher~Se encumbering any interast or righl hereunder with respect to the Equipment. Nothing conlained herein shall be ~eq:~'~ted as releasing Borrower from any of its obligations as specified in this Agreement. 14. Publicity. Neither party hereto shall identity the other parly as a joint venturer or othen'~ise characterize the arrangement between them as anything other than a bailment. Bon'ower shall not disclose or publicize to any third party:. (a) any description of the Equipment. technical specifications or other information about the Equipment; (b) the nature or terms of lhis Agreement; or (c) the results of any testing, inspection or evaluation of the Equipment by Ford or Borrower without Fom's prior written consent. Borrower shall take the necessary steps to familiarize ail appropriate employees of Borrower of its obligations under this Paragraph. Neither party shall use the other's name or Iogoa, in whole or in parf, for any puq~ose whatsoever. specifically including but not limited to any written, oral or pictorial endorsement, testimonial or advertisement, whether actual or implied, without such other paffy's pm3r written approval. 15. Force Maieure and No Conseouential Damaaes. Ford shall not be liable for any failure in per~om'~ing any provision hereof due to fire or other casually, iaber difficulty, governmental restriction or any cause beyond Ford's control. Borrower specifically warrants that lhe Equipment is not critical to the P:\FLEET~BAILMENT~VEHS ELFA.DOC (AV678F03) Issue Date: Janua~', 1992 Revision Date: August 31. 1998 Author: John Dickerson, Snr. Atty., OGC Page 5 of 7 CONTRACT ~: REQUEST #: ,~VTI~ ?~V operation of its business and the loss of use ol such Equg~ment. for any reason whatsoever, will have a reaterial adverse effect on its business. IN NO EVENT SHALL FORD BE LIABLE FOR ANY LOSS OF PROFITS, OTHER CONSEQUENTIAL DAMAGES OR INCONVENIENCE DUE TO EARLY TERMINATION OF THIS AGREEMENT, OR ANY THEFT, DAMAGE, LOS~, DELAY OR FAILURE OF DELIVERY OR DEFECT OR FAILURE OF THE EQUIPMENT, OR THE TIME CONSUMED IN RECOVERING. REPAIRING, SERVICING OR REPLACING THE SAME. 16. Entire Aareereent. Waiver and Notice. This Agreement constitutes the entire agreement between the parties and may only be amended, modified or supplemented by a written amendment executed by Ford and Borrower. Failure by Fo~d to enlome any term. provision or cond'~tion hereof, or Io exercise any of its rights hereunder, shell nol be construed as Ihereafter waiving any such terms, provisions, conditions or rights, In no event shall any course of dealing, custore or usage of Irede modify, alter or supplereent any of the terms or provisions contained hm'em. All notice~ specified or permitted herein shell be in writing, mailed postpaid U,S mail, or courier sen/ice, with return receipl requested. Execution of Ih~s documen! indicates agreemenl vath Ibe terres staled above and acceplance ol Ihe Equq:h'nent in good condition. The person signing for the Borrower warranls and represents that he or she is an officer or agent of the Borrower and ~s authortzed to execute this Agreement on its behaff IN WITNESS WHEREOF, the parties hereto heve caused this Agreement lo be executed by their authorized re~esentatives as of the date fil~ above wfillen. By: Barbara B Berw Manager or Above Its: Cheirman of the Board FORD MOTOR COMPANY .l Vehicle Dura~l~ E~in~ Added Ramiro Manabch, Chief Assistant County Attorney Dwight E. Brock, Clerk of the Coud A'r ST: -" DU]GHT £. !11 0(, CL£1 Attest to Chatman'$ I:~ ~{~ I~'~A~Li{~V E Fl S E L F A. DO C {AV678F03) Issue Dale: January. 1992 Revision Date: August 31, 1998 Author: John Oickerson, Snr. Atty., OOC Page 6 of 7 1 6{35 AMENDMENT TO THE FORD MOTOR COMPANY FLEET TEST EQUIPMENT LOAN AND EVALUATION AGREEMENT This Amendment to the Agreement for Veterans Transportation Services dated October 22, 1998 (hereinafler "Agreement") is made and entered into this.~l~ day of November, 1998 by and between Ford Motor Company, a Delaware corporation ("Ford") with offices at The American Road, Dearborn, Micl~igan, and the Collier County Board of County Commissioners, a political subdivision of the State of Florida, ("Borrower"), with offices at 3301 Tamiami Trail, East, Administration Building, Naples, Florida 34112. WITNESSETH: WHEREAS, Ford and Borrower have entered into an Agreement whereby Ford is willing to lend to Borrower certain equipment; and WHEREAS, Ford and Borrower agree that the Agreement should be modified to clarify Borrower's status under Florida law and to fully comply with other provisions of Florida law applicable to local government entities. NOW, THEREFORE, upon consideration of the mutual covenants and provisions contained herein, the par~ies agree as follows: 1. Amendment to Introductorv Para~raoh. The introductory paragraph of the Agreement, identifying the parties thereto, is hereby amended to read as follows: THIS AGREEMENT is entered into this 22 day of O~ober. 1998. by and between FORD MOTOR COMPANY, a Delaware corporation (Ford), with offices at The American Road, Dearbom, Michigan, and The Collier County Board of · ' , a political subdivision of the State of Florida (Borrower), with offices at 3301 Tamiami Trail, East, Administration Building, Naples, Florida 34112. I o1'4 16C5 Amendment to Section 3. Section 3 on Page 2 of the Agreement is hereby amended to read as follows: [J3d.e133J:L~. To the extent permitted by Florida law, Borrower shall defend, indemnify, and save harmless Ford and its subsidiaries and their respective officers, directors, agents, and employees (hereinafler collectively called "lndemnitees") from and against any and all losses, damages, claims, actions, costs and expenses, including, but not limited to, fees and expenses of legal counsel and expert witnesses, that may be imposed upon or incurred by or asserted or entered against the Indemnitees, or any of them, by reason of actual or alleged: (i) injury to or death of persons (including, without limitation, any employee or employees of one or more of the Indemnitees or of Borrower or of one or more of its contractors, subcontractors, vendors or agents); (ii) loss of or damage to the property of any person or legal entity (including, without limitation, any property of any employee or employees of one or more of the Indemnitees or of Borrower or of one or more of its contractors, subcontractors, vendors or agents); or (iii) violation of any law, ordinance or regulation of any governmental authority (including, without limitation, the United States of America or any of its states or localities, or Canada or any of its provinces or localities) by Borrower or by any of its contractors, subcontractors, vendors, agents or employees; as a result of or arising out of or in connection with the testing, evaluation, possession or use, by or on behalf of Borrower, of the Equipment, or the condition thereof; provided, however, that the foregoing agreement to indemnify and hold the Indemnitees harmless shall not be applicable to the extent that any such loss, damage, claim, action, suit, judgment, decree, order, cost or expense are attributable to the sole negligence or the willful or wanton misconduct of the Indemnitees. Borrower shall promptly notify Ford of any event covered by this Paragraph of which Borrower has actual notice, and Ford shall be entitled to participate in the defense of any claim for expenses. 2 ot'4 Amendment to Sectio0 Section 14 of the Agreement is amended to read as follows: Publicity. Neither party hereto shall identify the other par~y as a joint venturer or otherwise characterize the arrangement between them as anything other than a bailment. To the extent permitted by Chapter 119, Florida Statutes, the Florida Public Records Law, or other applicable laws, Borrower shall not disclose or publicize to any third party: (a) any description of the Equipment, technical specifications or other information about the Equipment; (b) the nature or terms of this Agreement; or (c) the results of any testing, inspection or evaluation of the Equipment by Ford or Borrower without Ford's prior written consent. Borrower shall take the necessary steps to familiarize all appropriate employees of Borrower of its obligations under this Paragraph. Neither party shall use the other's name or Iogos, in whole or in part, for any purpose whatsoever, specifically including but not limited to any written, oral or pictorial endorsement, testimonial or advertisement, whether actual or implied, without such other party's prior written approval. IN WITNESS WHEREOF, the parties hereto have executed this Amendment To The Ford Motor Company Fleet Test Equipment Loan and Evaluation Agreement on the day and year first written above. As amended herein, the Agreement remains in full force and effect. DATE D: ~.~ ATTEST:- DWIGHT E. BROCK, Clerk Attest as to Ckltrta'l signature o~l~. BOARD OF COUNTY CO~4MISSIONERS OF COLLIER COUNTY, FLORIDA BA~ARA B-.-BERR~, Chai~l~:~ 3 of 4 161;5 Witnesses: (1) (2) Sisnatum FORD MOTOR COMPANY Pnnmd/Tyl~l Name Ihinled/Tyl:x.d t~Ile Approved as to form and legal sufficiency: Chief Assistant County Attorney h:Ramiro~A~mement$~ ord Amendme~t-1998 4of4 Prepared by: ~ ,,~ Thomas C. Palmer ~Cl' Assistant County Att0mey Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941 ) 774-8400 *** 2400699 OR: 2484 PG: 3087 *** X!/Z~/~I a~ 03:(Tflx ~lGlff I, BIOC~, CLII[ COPIIS ,. "": 16B1 CLill TO ~EI SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX*OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT. was the owner and holder of a certain Agreement with the following: James Ross Nickel and Patricia Ruth N~ckel Husband and Wife 2364 Jackson Ave Naples. FI 34112 Bearing the date of the June 22, 1992, recorded in Official Record Book 1728 Page(s) 1432 through 1435. in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of One Thousand Five Hundred Dollars and Thirty Cents ($1,500.30), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Flodda. described as follows: LOT 5, BLOCK K, OF INOMAH SUBDIVISION, AS RECORDED AND PLATTED IN PLAT BOOK 2, PAGE 82, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA FOLIO NUMBER: 51696960001 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida. to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida. and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this ~1 q..~. day of "~; ,1998, 'ATTEST: DWIGHT E. BROCK, CLERK Attest as to Chel~'$ sl~ature on15. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, A$1~=T~-IE , GOVERNING BODY OF COLLII~R2.~. COUNTY AND AS Ex-oFFIcIO THE GOVERNING BOARD OFf, THE COU. ER -',"'-"'"'- ' ~,.': :.i~. ,, BARBARA B. BERRY, CHAIRMA~ Prepared by: Thomas C. Palmer ~ Assistant County AttOrney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2400700 OR: 2484 PG: 3088 *** UC Ill i. OO ~HI~ 1.00 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: Michael E. Rice, Jr. 1220 Delmar Lane Naples, FL 34104 Beadng the date of the June 9, 1992, recorded in Official Record Book 1724 Page(s) 1820 through 1823, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real p~operty. The Lien secures the pdncipel mum of One T'hou~and Five Hundred Dollam end Thirty Cents ($1,500.30), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 18, BLOCK C, BROOKSIDE SUBDIVISION, UNIT FOLIO NUMBER: 24831880006 Collier County, a political subdivision of the State of Flodda, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board thiS,3r~ day of ~s.~. , 1998. · ATTEST:..' "' DWIGHT E. BROCK, CLERK Attest as to Chalr'~n'S signature onlj'. BOARD OF COUNTY COMM~: COLLIER COUNTY, FLORtI3~:~'~T~A,', i" GOVERNING BODY OF COUNW AND AS ~-oFF(cI~ GO~RNING BOARD OF~ Prepared by: Thomas C. Palmer "~ P Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941 ) 774-8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY. FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: CLARENCE R. JOHNSON AND FLORENCE A. JOHNSON, HUSBAND AND WIFE, AN ESTATE BY THE ENTIRETIES WlTH FULL RIGHTS OF SURVIVORSHIP 3675 BAYSHORE NAPLES, FL 34112 Bearing the date of the MARCH 31, 1992, recorded in Official Record Book 1702 Page(s) 115 THROUGH 118, in the Office of the Clerk of the Cimuit Court of Collier County, State of Flodda, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of SIX THOUSAND NINE HUNDRED FORTY DOLLARS ($6,940.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 20, OAK RIDGE MANOR, AS PER MAP OR PLAT THEREOF RECORDED IN PLAT BOOK 4, PAGE 26 PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA FOLIO NUMBER: 64510640006 Collier County, a political subdivision of the State of Flodda, and the Collier County Water-Sewer District, a political subdivision of Ihe State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Flodda, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this~,.z.'~day of '-~/-". , 1998, ATTEST: , ~ DWIGHT E. BROCK, CLERK Attest as to Chal~a~'s slgaatu~e BOARD OF COUNTY COMMISSIONER8 "., COLLIER COUNTY, FLO~DA~ AS:THE. GOVERNING BODY OF COUJER ,,, COUNTY AND AS EX-OPFlClO:THE ~ GOVER.ING BOAR .., BARBARA B. BERRY, CHAIRMAN ..... Prepared by: ~ Thomas C. Palmer Assistant County Attorhey Office of County Attorney 3301 East Tamiami Trail Naples, Flodda 34112 (94t) 774-8400 *** 2400702 OR: 2484 PG: 3090 *** IiCOIOlD in OfPIClAL llCOIIDS o~ ~ttlII ~, ~k ftc m i.oo COPllS l,oJ SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER.SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: JULIA LEE HARRIS 2535 MANORCA NAPLES, FL 34112 Beadng the date of the JUNE 29, 1992, recorded in Official Record Book 1730 Page(s) 1112 THROUGH 1115, in the Office of the Clerk of the Circuit Court of Collier County, State of Flodda, which Agreement imposes · lien on the subject real property. The Lien secures the principal sum of ONE THOUSAND FIVE HUNDRED DOLLARS AND THIRTY CENTS (1,500.30), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Flodda, described as follows: LOTS 14, 15, AND 16, OF TAMIAMI HEIGHTS, A SUBDIVISION FOLIO NUMBER: 06102581000 Collier County. a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Flodda, hereby ecbnowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The C)erk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the 8oard of County Commissionem of Coltier County, Flodda, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this~',,'~.4:iey of "~ ~-~c. . 1998. ATI'EST: DWIGHT E. BROCK, CLERK Attest as to Chalrakta'$ sigaature 0a15. BOARD OF COUNTY COMMISSI'~NER~".,,. COLLIER COUNTY, FLOR~]~"/~ ~1'~1, E ...~..... GOVERNING BODY OF GOLL~R *'.,~i~. ~, ' COUNTY AND AS F_X-O .{~'~CIO THE'~i ' : GOVERNING BOARD O]~ 'rile COLMER COU WATER-S ' ~'TRI ~'. : BARBARA B. BERRY, CHAIRMAN Prepared by: Thomas C. Palmer ~r Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Fiorida 34112 (941) 774-8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNT7 COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-$EWt~R DISTRICT. was the owner and holder of · certain Agreement wffh the following: James J. Gruszka & Mary M. Gruszka Husband and Wife 3173 Gordon St. Naples, FI 34112 Bearing the date of the October 25, 1995, recorded in Official Re¢o~ Book 2114 Page(s) 1819 through 1823, in the Office of the Cie~ of ~ Circuit Ce~t O{ Coflfer County, State of F~onda, which Agreement Imposes a lien on the subject real property. The Lien secures the pdncipat sum of Three Thousand Eight Hundred and Nlllety-Six Dollars and Thirteen Cents ($3,896.13), plus accrued Interest and penalties, If any, and imposes ceffain obligatlo~s egainat real property situated Iff Collier County, Fto~la, described as follows: THE NORTH 70 FEET OF LOT 23, OF COLlEEn:0 GARDENS, A SUBDMSION ACCORDING TO THE PLAT THEREOF AS RECORDED IN pLAT BOOK 1, PAGES 30, OFTHE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA FOLIO NUMBER: 2s830800o0t Collier County, a political aubelv~inn of the State of Rodda, and the ~ Water-Sewer District, a political subdlvieiofl of the State of Roftda, hereby aefmowMdgee receipt of payment in full satisfaction of the Lien and hereby canceie the Lien. The Ciedx of the Circuit Court is hereby directed to record this .Satisfaction of Lien in the Official Records of Collier County, Florida. to acknowledge that the Lien ceases to exist, IN WITNESS WHEREOF, the Board of County Commissioners of Collier County. Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board thi~.*~ ~Cday of "~ e.~,.., ,1998. ATTEST: DWIGHT E. BROCK. CLERK Attest as to Chal~,I OARD OF COU.W ..... COLLIER COUNTY, FLORIOA,)~R*'I'HE~ -~ "- GO~RNING BODY OF ~IER' .;;~ ". co~ ~o ~ ~ ~E ~,~;, ~ G~RNINO BOARD ~ ~ ~IER,; ~ ~ ~R~ B. BERRY, C~IRMAN" Prepared by: Thomas c. Palmer Trl' Assistant County A~br~ey Office of County Attorney 3301 Easl Tamiami Trail Naples, Flodda 34112 (941) 774-8400 2400704 OR: 2484 PG: 3092 rial K m i. II SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOWALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY, FLORIDA. AS THE GOVERNING BOOY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT. was the owner and holder of a certain Agreement wifh the fo(Iow~ng~ DAVID N SEXTON, TRUSTEE 2781BAYViEW NAPLES. FL34112 Beadng the date of the AUGUST 21, 1992. recorded in Offttal R~xd ~ook 1746 Page(s) 1344 THROUGH 1347, in the OlT~e of the Clerk of the ClrcuR Court of Collier County, State of Flodda, which Agreement imposes a I~en On the subject real property. The Lien secures the principal sum of ONE THOUSAND 'P,/VO HUNDRED FIFTY NINE DOLLARS AND SIXTY SIX CENTS (1.259.66), plus accrued interest and penalties, if any. and imposes ceffat~ oblations against mai properly situated in Cailler County. Florida. descdhed as THE EAST 80 FEET OF THE WEST 1¶70 FEET OF LOT 42, NAPLES GROVES AND TRUCK COMPANY~ LII'rLE FARMS NO. 2, EXCEPTING THEREFROM THE NORTH '180 FEET AND THE SOUTH 30 FEET FOLIO NUMBER: 6'f83S40000S Collier County, a polriicel subdivision of Ule State of Flbdda, ~ Ihe COEMf County Water-Sewer District. a political subdivision of the State of Florida. hereby act~owledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuri Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County. Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF. the Board of County Commissioners of Collier County. Flonda, and as Ex-Officio the Goveming Board of the Collier County Water-Sewer District, acting through its Chain~an. al)recta execution and recording of this Satisfaction of L eh. by act on of the Board thia~' ~/,.,~ day of ~¢~'0~, .1998, ATTEST: OWIGHT E. BROCK, CLERK Atte$~ is.b) Chalra~t'S $ Ig~ature BOARD OF COUNTY COMI~IONER~"m COLLIER COUNTY, FLO .RIDA, AS THE '.. GOVERNING BODY OF COI..UER*.. '\ COUNTY AND AS EX-O~CIO THE.." GOVERNING BOARD OFll-IE.COI.UER. ,', cou~zY WATER.S~ ~]~ '~' SARBAR,~ B. BERRY. CHAIRI~IAN,!. ~, . L II I I Prepared by: Thomas C. Palmer Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples. FIodda 34112 (941) 774-8400 I 2400705 OR: 2484 PG: 3093 MC ~1 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT. was the owner and holder of a certain Agreement wffh the foflowing: JOHN KENNETH SHAW AND BARBARA A. SHAW. HUSBAND AND W~FE 916 BLUEBIRD ST NAPLES, FL 34104 Bearing the date of the JANUARY 3, 1992. recorded in Official Record Book 1676 Page(s) 1308 THROUGH 1311, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien o~ the subject real property The Lien secures the principal sum of ONE THOUSAND FIVE HUNDRED DOLLARS AND THIRTY CENTS ($1,500.30), plus accrued interest and penalties, if any. and imposes certain obligations against real property situated in Collier County, Florida. described as follows: LOT 7,,~.OCK D, FLAMINGO ESTATES FOLIO NUMBER: 32482120002 Collier County, a political subdivision of the State of FloriDa. and the Collier County Water-Sewer District. a political subdivision of the State of Florida. hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Couff is heroby directed to record this Satisfaction of Lion in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Flodda, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman. directs execution and recording of this Satisfaction of Lien, by action of the Board thie,~q'~r..day of ~'~ ~u... ,1998. ATTEST; ENV1OHT E. BROCK, CLERK s fgflature off]I, BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA,"A8 THE " GOVERNING BODY OF COU. IER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER 7 Prepared by Thomas C Palmer Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Flonda 34112 (941) 774-8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement wrth the fo,owing: LLOYD GSHEEHAN, SELLER, DIANA M. RAY RECLE, A MARRIED WOMAN. BUYER 5333 CA'CFS ST NAPLES. FL34112 Beanng the date of the OCTOBER 16, 1992, recorded in Official Record Book 1762 Page(s) 1600 THRUGH 1603, in the Office of the Clerk of the Circuit Court of Collier County, State of Flodda, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of ONE THOUSAND FIVE HUNDRED DOLLARS AND SEVENTY FIVE CENTS ($1,500.75), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Flodda, described as follows: LOT 32, BLOCK 7, NAPLES MANOR ADDITION FOLIO NUMBER: 62095320005 Collier County, a political subdivision of the State of F~odda, and the Collier County Water-Sewer District, a political subdivision of the State of Flodda, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cance~s the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Flodda. and as Ex.Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction ofLien, by action of the Board thia g ~' dayof '~o-~.. ,1998. ATTEST: DWIGHT E. BROCK, CLERK Attest as to s I~ature BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLOJ~IDA,:AS.THE GOVERNING BODY OF.~OLLIER COUNTY AND AS EX-OI~FIClO THE GOVERNING BOARD O~.;THE COLUER COU, J~ wA*rER-SI~I.C.T ' BARBARA B. BERRY, CHAIRMAN Prepared by: Thomas C Palmer ~ Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 2400707 OR: 2484 PO: 3095 I.II SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER ANDIOR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY. FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT. was the owner and homer of a certain Agreement with the following: LUCILLE L. SMITH GUAVE DR NAPLES. FL 34104 Beanng the date of the OCTOBER 4. 1991. recorded in Official Record Book 1656 Page(s) 1113 THROUGH 1116. in the Office of the Clerk of the Circuit Court of Cbllisr County. State of Flodda. which Agreement imposes a lien on the sub~ebl real property The Lien secures the principal sum of ONE THOUSAND TWO HUNDRED FIFTY NINE DOLL~.RS AND SIXTY SiX CENTS ($1.259.66}. plus accrued interest and penalties, if any. and imposes certain obligations against real property situated in Cbltier County. Florida. described as foltows: LOT 16, BLOCK C. COCONUT GROVE. UNIT NO. 3 FOLIO NUMBER: 26680320003 Collier County. a political subdiv~ion of the State of Flerlda. and the Collier County Water-Sewer Distdct, a political subdivision of the State of Flof~la. hereby ac~'lovdedges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby di~c"ted to record this Satisfaction of Lien in the Official Records of Collier County. Florida. to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF. the Board of County Commissioners of Collier County. Flodda, and as Ex-Officio the Goveming Board of the Collier County Water-Sewer Disthct. acting through its Chairman, (lirects execution and recording of this Satisfaction of Lien, by action of t he Board this.=.';'~./..~f,, day of ~'~ a,'~.,~ .1998. DW1GHT E. BROCK, CLERK Attest as to Chalraan's s~g~ature onlj'. BOARD OF COUNTY COMMIb~ION1ERS COLLIER COUNTY. FLORI~.~. AS THE GOVERNING BODY OF COLLIER . ' :'. COUNTY AND AS EX-OFFICIO 'i~lE" ~ · GOVERNING BOARD OF 1'1"1E COLLIER Prepared by: Thomas C. Palmer '~( Assistant County Attorney Office of County Atlomey 3301 East Tamiami Trail Naples, Florida 34112 (941) 774.84O0 II 2400708 OR: 2484 PG: 3095 IIC 1~ i,II SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of · coffaln Agreement with the foltowing: M. PETER SPRAITZ AND CINDY F. SPRAITZ, HUSBAND AND WIFE 2184 LONG BOAT NAPLES, FL 34104 Beadng the date of the NOVEMBER 4, 1991, recorded In Official Record Book 1660 Page(s) 1744 THROUGH 1747, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which A~ Imposes a ~n on the subject real property. The Lien secures the principal lUre of ONE THOUSAND SEVEN HUNDRED FORTY ONE DOLLARS AND TWENTY SIX CENTS ($1,741.26), plus accrued Interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: FAMILy( LI~I.N~ U~IT #2, MANATEE POINT, A CONDOMINIUM FOLIO NUMBER: Collier County, a political subdivision of the State of Florida, and ~ Collier County Water-Sewer Distdol, a political subd~sion of the State of Fldnda, hereby acknowledges receipt of payment in full satisfaction of the Lion and hereby cancels ~he Lion. The Cierk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County. Florida, to acknowledge that the Lien ceases to exist IN VWTNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board thia~...~ay of "~e.~-*. ,1998. ATrEST: DWIGHT E BROCK, CLERK Attest as to Chairman's aJgnitture on15, BOARD OF COUNTY cOU~I$~IONERS COLLIER COUNTY, FLO~.~' A~ THE GOVERNING BODY OF ~O{,UL~I COUNTY AND AS EX-OF*F:IClO ,THE GOVERNING BOARD O~: THEC(~I. LIER*.~* COUNTY WATER-~I~,NEI~STR'ICT '" .... BARBAFf. A 8. BERRY, CHAIRMAN Prepared by Thomas C. Palmer Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Napies~ Flodda 34112 (941) 774-8400 2400709 OR: 2484 PG: 3097 tlCO!~lD tS O~flCl~ ~ o~ ~LLIII ~.~, fL SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWeR DISTRICT, was the ow~ler and holder of a certain Agreement with the following: RAPHAEL ST LOUIS AND ANALIA ST, LOUIS TEXAS AVE NAPLES, FL 34112 Beanng the date of the AUGUST 3, 1992, recorded in Official Record Book 1742 Page(s) 69 THROUGH 72, in the Office of the Clerk Of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of ONE THOUSAND FIV~ HUNDRED DOLLARS AND SEVENTY FIVE CENTS ($1,500.75), plus acc~'ued interest and penalties, if any, and imposes certain obligations against real p~ sltuMed in Collier County, Fionde, described as follows: LOT 12, BLOCK 15, NAPLES MANOR LAKES FOLIO NUMBER: 62265280001 Collier County, a political subdivision of t~e State of Florida. end the Collier County Water-Sewer District. a political subdivision of the ~tste of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien, The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lfen cease~ to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Coliier County, Flodda. and as Ex-Officio the Goveming Board of the Coliier County Wster-Sewer District. acting through its Chairman. directs execution and recording of this Satisfaction of Lien. by achon of the Board this~'.'.'.'~ day of '/~ ~ . 1998. ATrEST: DWIGHT E. BROCK. CLERK Attest as to Chafrean's signature only, BOARD OF COUNTY COMMI~IONE~ ' -.. COLLIER COUNTY FLORII~ GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OI~THE COLLIER ." BARBARA B. BERRY, CHAIRMAN,,. Prepared by: Thomas C. Palmer 'TO ip Assistant County Attorney Office of County Attorney 3301 East Tamiami Trad Naples, Flodda 34112 (941) 774-8400 *** 2400710 OR: 2484 PG: 3098 MC RI t. II ~PXIS c..,., 1 6 D 1 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That Ihe BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA. AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER.SEWER DISTRICT. was the ow~ler and holder of a cedaln Agreement with the following: DAVID STEINBERG 5358 CATTS ST NAPLES, FL 34112 Beating the date of the SEPTEMBER 24, 1993, recorded in Official Record Book 1869 Page(e) 538 THROUGH 541, In the Office of the Clerk of the Ch'cult Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal lure of ONE THOUSAND TWO HUNDRED SIXTY DOLLARS AND FIVE CENTS ($1,280.05), plus accrued Intereet and penalties, if any, and imposes certain obligatione against real pf'operty situated in Coliter County, Flodda, described ae foliow~: LOT 15, BLOCK 6. OF THAT CERTAIN SUBDMSION KNOWN AS .APL. MANOR ADO.,O. did FOLIO NUMBER: 62084040001 Collier County, a political subdivision of the State of Florida. end the Collier County Water-Sewer District. a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Uen and hereby cancele the Lien. The Clerk of the Circuit Court is hereby directed to record thie Satisfaction of Lien in the Offciaf Records of Collier County, Florida. to acknowledge that the Lien ceases to exist. IN W1TNESS WHEREOF. the Board of County Commiseionere of Collier County. Flodda, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman. directs execution and recording of this Satisfaction of Lien, by action of the Board this,=,;~¢~, day of ~ , 1998. ATrEST: DWIGHT E. BROCK. CLERK Attest a~ to Chal~.s slgaature Ofll~, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORII~A, AS.THE,... GOVERNING BODY OF COLLIER .'~ COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF.THE:(~OLUER~ BARBARA B BERRY CHA Thomas C. Palmer Assistant County Attorney Office of County Attorney 3301 East Tarniami Trail Naples, Flodda 34112 (941) 774-8400 *** 2400711 OR: 2484 PG: 3099 IICOMID ti O~tlClAt IICQI~I o~ COLLIII CO~ITY, fi, ll/251tt it It:t?Pil OWl~* I. llO~l, CMl[ SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY. FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: BING FONG SU AND MEI YE SU, HUSBAND AND W~FE 2559 PINE ST NAPLES, FL34112 Bearing the date of the JULY 17, 1992. recoiled in Official Record Book 1736 Page(s) 1814 THROUGH 1817. in the Office of I/',e Clerk of the Circuit Couff of Collier County, State of Florida, w'nich Agreement imposes a lien on the subject real p~'oporiy. The Lien secures the principal sum of ONE THOUSAND ~ HUNDRED FIFTY NINE DOLLARS AND SIXTY SIX CENTS ($1,259.~6), plus accrued interest and penalties, ~f any, and imposes certain obligations against real property situated in Collier County. Flddda. described aa follows: SUBDIVlSION~ pLe~' l~a~t' I~ ~ >~ FOLIO NUMBER: 76210680008 Co[liar County. a political subdivision of the State of Fldffl:la, and the Collier County Water-Sewer District, a political aubdivleiofl of the State of Flof~a, hereby acknowledges receipt of payment in full satisfaction of the [.Jen told hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases Io exist. IN WITNESS WHEREOF, the Board of County Commissioners of Cotlier County, Floncia. and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien by action of the Board this~_..~ay of '"~..~. ,1998. ATTEST: DWIGHT E BROCK. CLERK Attest es to Chaf~.9 s fg~ature o~15. BOARD OF COUNTY COMI~iS~IONER$ .':~, ' COLLIER COUNTY, FLORIDA,.A$ THE ~ ~-' GOVERNING BODY OF COLJ.IER COUNTY AND AS EX-.OFFICIO THE GOVERNING BOARD OF THE COLLIER BARBARA B. BERRY, CHAIRMAN Prepared by: C. Parser TCfO Thomas Assistant County Atiomey Office of County Attorney 3301 East Tamiami Trail Naples. Flonda 34112 (941) 774.8~100 2400712 OR: 2484 ?O: 3100 1 6 51 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY. FLORIDA. AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWeR DISTRICT, was the owner and holder of a certain Agreement with the following: WILL~AM H. TAYLOR AND MAXINE H. TAYLOR. HIS W1FE 597 CAPE FLORIDA LANE NAPLES, FL 34104 Bearing the date of the FEBRUARY 3, 1992. recorded in Official Record Book 1684 Page(s) 2397 THROUGH 2400, in the Office of the Clerk of the Circuit Coud of Collier County, State of Florida, which Agmemeflt imposes a lien on the subject real property The Lien secures the pdncipat sum of ONE THOUSAND TWO HUNDRED FIFTY NINE DOLLARS AND SIXTY SIX CENTS ($1,259,66). plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County. Flodda, described as foitows: LOT 1t8, BLOCK B, NAPLES MOBILE ESTATES FOLIO NUMBER: 62366660005 Collier County. a political subdivision of Ihe State of Florida, and the Collier County Water-Sewer District. a political subdivision of the State of Florida. hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien The Clerk of the Cimuif Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, FIodda, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Flonda, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman. directs execution and recording of this Satisfaction of Lien, by action of the Board this ;;2~'~f.,day of "~ e-u-. ,1998. _Al'rEST: DW1GHT E. BROCK. CLERK Attest as to ChaimiA'$ signature onl]. BOARD OF COUNTY COMM .S~IONERS, COUJER COUNTY, ELORI~;~8 T'~E' ' GOVERNING BODY OF C ..OJ:LIER . COUNTY AND AS F.X-OFF~O THE GOVERNING BOARD OF THE COLLIER BARBARA B. BERRY, CHAIRMAN Prepared by: Thomas C. Palmer 'p..~ Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples. Flodda 34112 (941) 774-8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY. FLORIDA. AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT. was the owner and holder of e certain Agreement with the following: GLENN TERRY AND LYDIA TERRY. HUSBAND AND WIFE 103 7TH ST NAPLES. FL 34113 Beadng the date of the NOVEMBER 21. 1991. recorded in Official Record Book 1665 Puge(s) 1169 THROUGH 1172. in the Office of the Clerk of the Circuit Couff of Collier County. State of Florida. which Agreement imposes s lien on the subject real property. The Lien secures the principal sum of ONE THOUSAND TWO HUNDRED FIFTY NINE DOLLARS AND SIXTY SIX CENTS ($1.259.66). plus accrued interest and penalties, if any. and imposes certain obligations against mai property situated in Collier County. Flodda. described as follow~: LOTS ¶ AND 2, BLOCK 3, UNIT "O.2, TRAIL ACRESl/~1' '~ ~' ~/ ~0/~/ FOLIO NUMBER: 7716~35000S Collier County. a political subdivision of the State of Florida. and the Collier County Water-Sewer District. a pelitical subdivision of the State of Florida. hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County. Florida. to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF. the Board of County Commissioners of Collier County. Florida. and as Ex-Officio the Governing Board of the Collier County Watar-Sewer District. acting through its Chairman. directs execution and recording of this Satisfaction ofLien, byactionoftheBoardthis,~9~"~:Z, dayof "~o"~J-, .1998. ATTEST: DWIGHT E. BROCK. CLERK Attest as to Chafrman's Signature onl]. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLOR!~A. AS*THE' GOVERNING BODY OF COLLIER', ,' COUNTY AND AS EX-O .E'FICIO'THE GOVERNING BOARD CE THE COllIER. · -~1,..~.~.~ - ,% ~,:,r~o~,.,: , '... BARBARA B. BERRY, CHAIRMAN"""'" Prepared by: Thomas C Palmer 'iT.iD Assistant County Attorney Office of County Attorney 3301 East Tamiami Trait Naples. F1orida 34112 (~41) 774-~400 2400714 OR: 2484 PG: 3102 IIC01~I~ ti OfttCm I~C~I af ~1 ~, ~ [C ~ ~I!1 1.1 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOWALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA. AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT. was the owner and holder of a certain Agreement with the following: FRANCES THRELKELD, A W~DOW 1472 AIRPORT RD NAPLES, FL 34104 Beadng the date of the AUGUST 18. 1992, recorded in Official Record Book 1746 Page(s) 1796 THROUGH 1799. in the Office of the Clerk of the Circuit Court of Collier County, State of Flodda. which Agreement tmpeses a lien on the subject real property. The Lien secures the principal ~ of NINE THOUSAND EIGHT HUNDRED DOLLARS ($9.800.00), plus accrued interest and ponaities, if any. and imposes certain obligations against real property situat~e~l.~ Collier County. Fiorida, described as follows* LOTS .-., BLOC~ B, ROC~ CREE. PARK. AS RECORDED ,. P~T BOO. ~, PAGE 79, pua.,c RECORDS Or CaLL,ER COUNTY, FLORIDA FOLIO NUMBER: 70721S20006 Collier County, a political subdivision of Ihe State of Florida, end the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby e~ges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN V',qTNESS WHEREOF, the Board of County Commissioners of Collier County, Florida. and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this,,?~day of '7~e-~.~-~ ,1998. ATTEST: DW1GHT ,E. BROCK, CLERK "~ttest is' to Chatr~t'$ signetw'e SOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLUER ......... COUNTY AND AS EX-OFFI~O THE GOVERNING BOARD OF'THE COL].IER ~.~ B. BERRY, C~!R~. ~ Prepared by: Thomas C Palmer -'~k~ Assistant County Attorney Office of County Attomey 3301 East Tamiami Trail Naples. Flodda 34112 (941) 774-84OO 2400715 OR: 2484 PG: 3103 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY, FLORIDA. AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a cerie~ Agreement with the following: MICHAEL A TOMANY AND CHERYL K. TOMANY, HUSBAND AND VV1FE 955 HIDDEN TERRACE NAPLES, FL 34104 Bearing the date of the APRIL 26, 199~, recorded in Official Record Book 2177 Page(s) 226 THROUGH 230, in the Office of fie Clerk of the Circuit Coup1 of Collier County, State of Florida, whic~ Agreement impoees a lien off the aubject real property. The Lien secures the principal sum of ONE THOUSAND SEVEN HUNDRED EIGHTY THREE DOLLARS AND FIFTY FOUR CENTS ($1.783.54), plus a~ interest and penalties, if any. and imposes certain obltgatien~ against real property situated in Collier County, Florida, described as follows: LOT ~HIDDEN PINES SUBDySION FOLIO NUMBER: 49880160008 Collier County, · political subdivision Of the State of Florida, end the Collier County Water-Sewer District. a political aubdiv~iofl Of ida State Of Fleddi, hereby acknowledges recmpt of payment in fuit satisfaction of the Uefl and hereby cancels the Lien. The Clerk of the Circuit Court Is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, F~odda, to acknowledge that the Lien ceases to exist IN WITNESS WHEREOF, the Board of County Commissioners of Collier County. Flonda. and as Ex-Officio the Governing Board of the ColJier County Water-Sewer Distnct acting through its Chairman, directs execution and recording of this Satisfaction of Lien. by action of the Board this~ ~,.~ day of ~'~..~--. , 1998. ATTEST: DW1GHT E. BROCK, CLERK Attest ss to ChaSra/n'$ stgnsture on]~. BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLUE'~ COUNTY AND AS EX-OFFICIO THE ;' GOVERNING BOARD OF:THE COLUER BARBARA B. BERRY, CHAIRMAN Prepared by Thomas C. Palmer Assistant County Attdrh~y Office of County Attorney 3301 East Tamiami Trail Naples, Flodda 34112 (941) 774-8400 2400716 OR: 2484 PG: 3104 SATISFACTION OF NOTICE OF PROMIBE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY. FLORIDA. AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWeR DISTRICT. was the owner and holder,fi' a certain Agreement with the following: MICHAEL A. TOMANY AND CHERYL K. TOMANY. HUSBAND AND WIFE 4609 ORCHARD LN NAPLES. FL 34112 Beadng the date of the APRIL 26. 1996. recorded in Official Record Book 2177 Page(s) 231 THROUGH 235, in the Office of the Clerk of the Circuit Court of Collier County. State of Florida. which Agreement imposes · lien on the subject real property. The Lien secures the principal sum of THREE THOUSAND 'P/VD HUNDRED NINETY TWO DOLLARS AND THIRTY EIGHT CENTS ($3.292.38). plus acc~'ued interest and penalties, if any. and imposes certain obll~ against real p~oporty Situated in Collier County. Flodda. described as foitowt LOT 34, BLOCK 1, AVALON ESTATES UNIT t FOLIO NUMBER: 22521t6000it Colfier County. a political subdivision of the State of Rortda. and the Collier County Water-Sewer District. a political subdivision of the State of Florida. hereby acknovaedges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County. Florida. to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF. the Board of County Commissioners of Collier County. Florida, and as Ex-Officio the Governing Board Of the Collier County Water-Sewer District. acting through its Chairman. directs execution and recording of this Satisfaction of Lien. byactionoftheBoardthie..?9~f, dayof "?) ,-~-. .1998. ATTEST: ' DWIGHT E. BROCK. CLERK Attest as to Chalriae's signature on17. BOARD OF COUNTY COMMI.GI51~RS COLLIER COUNTY, FLORIQA, AS GOVERNING BODY OF CO~.LIER COUNTY AND AS EX-OFFiCIO THE~ , GOVERNING BOARD~,~ ~,.~ ..','0. ,'.-. OF ~I'HE COLLIER* CO,,~rTY BARBARA B. BERRY. CHAIRI~!~f,.,,~ Prepared by: _ Thomas C. Palmer -.~r~ Assistant County AttOrney Offrce of County Attorney 3301 East Tamiami Trail Naples, Flonda 34112 (941) 774-8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER ANDIOR EEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS; That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA. AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, wee the owner and holder of a certain Agreement with the following: Gervasio Torres, JR. 4305-4307 Thomasson Dr Naples. Fi 34112 Bearing the date of the November 8, 1991, recorded in Official Record Book 1662 Page(s) 781 through 784, in the Offi(~ of the Clerk of the CimuR Coult of Collier County, State of Florida. which Agreeme~ imposes a lien on the subject real property. The Lien secures the principal sum of Two Thousand Two Hundred Dollars ($2,200.00), plus accrued interest and penalties, if any, and imposes cerlain obligations against real property situated in Collier County, Florida, de~cflped as follows: LOT 33, BLOCK A. PfNEVIEW VILLAS FOLIO NUMBER: 67491320002 Collier County, a political subdivision of Ihe State of Florida, and the Collier County Water-Sewer District, a political subdivision of ttm State of Ronda, hereby aclmowiedges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Corot is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of county Commissioners of Collier County, Florida, and as Ex.Officio the Governing Board of the Collier County Water-Sewer District. acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this,.?~-~Z.day of '~ ~ ,1998. ATtESt: * /,, DWIGHT E. BROCK. CLERK Attest ss to Chairman's signature oa15. BOARD OF COUNTY COMM~SIONERS. COLLIER COUNTY. FLORIDA. AS THE GOVERNING BODY OF COLLI'--R COUNTY AND AS EX-OFFICV' THE_ GOVERNING BOARD OF THE COLLtER ~R~R~ B. BERRY. CH~IRM~N ...... Prepared by: Thomas C. Palmer '"~,~ Assistant County Attorne'y Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941 ) 774-8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOWALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY. FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was time owner and holder of a cedaln Agreement with the follov, fing: TROPICAL INVESTMENT, A FLORIDA CORPORATION 5454 CATTS ST NAPLES, FL 34112 Beadng the date of the JULY 28. 1994. recorded In Official Record Book 1972 Page(s) 109 THORUGH 112, in the Office of the Clerk of the Circuit Court of Collier County. State of Flodda, which Agreement Imposes e lien on the subject real property. The Lien secures the principal mum of ONE THOUSAND FIVE HUNDRED AND SEVENTY FIVE CENTS ($1.500.75), plus accTued inter~t and pe~laltJes, If any. and imposes certain obligations against real property aituated in C~ County, Florida, de~fibed es follows: LOT 2, BLOCK 16, NAPLES MANOR ADDITION FOLIO NUMBER: 62104640003 Collier County. a political subdivision ofl{~ State of Florida. and the COFW County Water-Sewer District. a political subdivision of the State of Florida. hereby acicnowledges receipt of payment in full satisfaction of the Uen and hereby cancels the Lien. The Cler~ of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County. Florida. to acknowledge that the Lien ceases to exist. IN W{TNESS WHEREOF, the Board of County commissioners of Collier County. Florida, and as Ex-Officio the Governing Board of the Co{tier County Water-Sewer District, acting through its Chairman. directs execution and recording of this Satisfaction of Lien, by action of the Board this..~,'V-,/,,~::~'day of '~ ~ ~ ,1998. ATTEST: DWIGHT E. BROCK, CLERK Attest as to Chalr~ · BOARD OF COUNTY COMMISSIONER~"'%. COLLIER COUNTY. FLORIDA;~.~,T~.?~ E ': GOVERNING BODY OF COIJ[.IER, COUNTY AND AS EX-OFFIC~IO'I'~E '.~, ~,. . ': GOVERNING BOARD OF THI~ C~R.LIER ' BARBARA B. BERRY. Prepared by: Thomas C~ Palmer ~-'l~va Assistant County Attdrney Office of County Attorney 3301 East Tamiami Trail Naples, Flodda 34112 (941 ) 774-84OO 2400719 OR: 2484 PG: 3107 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER.SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: WIFE JOSEPH FELIX TRUTW~N AND ROSE ANN TRU'I'W~N, HUSBAND AND 6345 LEE ANN LANE NAPLES. FL 34109 Bearing the date of the SEPTEMBER 24, 1993, recorded in Official Record Book 1869 Page(s) 550 THROUGH 553, in the Office of lhe Clerk of the Circuit Court of Collier County, State of Flodda, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of TWO THOUSAND T~NO HUNDRED FORTY DOLLARS ($2,240.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Flodda, described as follows: NORTHEAST tl4 OF THE NORTHEAST 114 OF THE NORTHEAST tl4, SECTION 24, TOWNSHIP 49 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA FOLIO NUMBER: 00319880005 Collier County, a pollticel subdivision of tt~ State of Florida. and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Coud is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Flbdda, to acknowledge that the Lien ceases to exist IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this ..?(r'.~r. day of ~,~- ,1998. ATTEST: . DWIGHT E~.~ROCK, CLERK Attest as to Chairman's signature grill. BOARD OF COUNTY COMMI.S~IO~,E. RS .. COLLIER COUNTY. FLORIDA,,A~'.THF~, GOVERNING BODY OF COLLIEI~" COUNTY AND AS EX-OFfICIO THE .' GOVERNING BOARD OF;THE COLLIEiR' ' BARBARA B. BERRY. CHAIRM~Ill~,~,: Prepared by: Thomas C, Palmer '~C/ Assistant County Atrorrtey Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 2400720 OR: 2484 3108 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOWALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA. AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: EMILIO VlNA, JR. AND GLADYS VINA, HUSBAND AND WIFE 3510 CALOOSA ST NAPLES. FL 34112 Beadng the date of the SEPTEMBER 25. 1991, recorded in Official Record Book 1654 Page(s) 1067 THROUGH 1070, Irt the Office of the Clerk of the Ckcuit Court of Collier County, State of Florida, which ,~ imposes · llen on the subject real pmparty. The Lien secures the pdnctt~ sum of ONE THOUSAND THREE HUNDRED FORTY DOLLARS ($1.340.00), ~ accrued Interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 20, BLOCK D, SOUTH TAMIAMI HEIGHTSL,ald'/' JJ,~/f"tt j~/l~ ~/~/ FOLIO NUMBER: 744t28000~2 Collier County, a political subdivieion of Ihe State of Florida, end the Collier County Water-Sewer District. a political aubdK~kxl of the State of Florida, hereby acknowledges receipt of payment in furl satisfaction of the ~ and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County. Florida. to acknowledge that the Lien ceases to exist. IN W1TNESS WHEREOF. the Board of County Commissioners of Colfier County. Florida. and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairrnen. directs execution and recording of this Satisfaction of Lien, by action of the Board thia,~i,~6t* day of '~e,t~ . 1998. ATTEST: DWI(3HT ElaM. ROCK. CLERK Attest aS to Chalraan's signature ofl15. BOARD OF COUNTY COMMI ,,~alQNER$,. COLLIER COUNTY, FLORID~ A~:THE, GOVERNING BODY OF coLLIER ' " COUNTY AND AS EX-OFFICIO.THE GOVERNING BOARD OF:THE COLLIER CO WATER ' ~'RICT :, Prepared by: Thomas C, Palmer Assistant County Affdmey Office of County Attorney 3801 East Tamiami Trail Naples. Florida 34112 (g41) 774-8400 *** 240072! OR: 2484 PG: 3109 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOWALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT. was the owner and holder of a certain Agreement with the following: ROGER C. WALSH 1283 DELMAR NAPLES, FL 34104 Bearing the date of the APRIL 30. 1992, recorded in Official Record Book 1711 Page(s) 2121 THROUGH 2124, in the Office of the Clerk of the Circuit Court of Co~ier County. State of Florida, which Agreemeflt imposes a lien on the subject mai property. The Lien secures the principal sum of ONE THOUSAND FIVE HUNDRED DOLLARS AND THIRTY CENTS ($1,500,30), plus accrued Interest and penalties, if any, and imposes certain obligations against real property aituate~ in Collier County, Florida, described as follows: BROOKSIDE SUBDMSION, UNIT I, BLOCK C, LOT $ FOLIO NUMBER: 2483t36000S Collier County, a political subcfNlsico of tile State Of Florida, and the Collle~' County Water-Sewer District, a political subdivision of I~e State of Florida, hereby ac~'lowlodges receipt of payment in full satisfaction of ~ I.Jeff and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist IN W~TNESS WHEREOF. the Board of County Commissionere of Col/ier County, Flodda, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District. acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this,,2~, day of "~ ~ .1998. A'II'EST: DWIGHT E. BROCK, CLERK stoflatu/e BOARD OF COUNTY COMMIS~NERS COLLIER COUNTY, FLORIDA, A~ THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFF~ClO THE GOVERNING BOARD OF THE COLLIER BARBARA B, BERRY, C~IRMAN Prepared by: Thomas C Palmer/-'"CI~ Assistant County Attbrney Office of County Attorney 3301 East Tamiami Trail Naples, Flodda 34112 (941) 774-8400 2400722 0R: 2484 PG: 3110 !1~101~ ti OFFICIAL IIC~N o! CQLLlll co~zrT, ~ 11/25/tl i~ 0I:4?P! BLIGHT I. BJOCI~ F. Itl IIC m 1.( SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the o~ner and holder of a certain Agreement with the fo~lOW~ng: DOUGLAS M, WARNER, lit, AND DIANE MARIE SCHWEIZER WARNER. HUSBAND AND WIFE FORMERLY KNOWN AS. DOUGLAS M. WARNER. III". A SINGLE PERSON, AND DIANE MARIE SCHWEIZER, A SINGLE PERSON, AS JOINT TENANTS W1TH RIGHTS OF SURVIVORSHIP 2204 SUNSET LANE NAPLES. FL 34104 Beadng the date of the MAY 14, 1992, recorded in Official Record Book 1716 Page(s) 208 THROUGH 211, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement Impo~es a lien on the aubject real property. The Lien secures the principal sum of ONE THOUSAND TWO HUNDRED FIFTY NINE DOLLARSAND SIXTY SIX CENTS (SI,259.66), plus accrued interest and penalties, if any, and imposes certain obligations againut mat property situated in Collier County, Florida, described as foflow$: LOT 9, SUNSET SUBDIVISION l pl'~f B~ ~'9 FOLIO NUMBER: 75610360000 Collier County. a political subdivision of the State of Fl(~da, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist IN VVITNESS WHEREOF, the Board of County CommismOners of Collier County, Florida. and as Ex-Officio Ihe Governing Board Of the Collier County Water-Sewer District. acting through its ChairTnan. directs execution and recording of this Satisfaction of Lien. by actton of the Board this~C~, dayof '7]o-.'~.. .1998 ATI'EST: DV~GHT E. BROCK, CLERK signature BOARD OF COUNTY COMMI.~.~)NERs COLLIER COUNTY. I~.ORIDA~ A~ 'THE GOVERNING BODY OF CO~JER COUNTY AND AS EX-OFFICIO 11'IE GOVERNING BOARD OF TH~ COLLIER COU~ WATER -~E:~E R/OJ,s'rRICT BARBARA B. BERRY. CHAIRMAN Prepared by: Thomas C. Palmer '[-~t/a Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 2400723 OR: 2484 PG: 3111 fl'' lll25/ll It Ol:tl~ ~ l, I~ CUB IlO [Il i,0i SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER ANOIOR SEWER SYSTEM IMPACT FEE KNOWALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: TERRANCE R. WEST AND SARAH E. WEST, HUSBAND AND WIFE 4383 FLAMINGO NAPLES, FL 34104 Beadng the date of the JUNE 26. 1991. recorded in Official Record Book 1627 Page(s) 1747 THROUGH 1750, in the Office of the Clerk of the Circuit Coufi of Collier County, State of Florida, which Agreement Imposes a lien off the subject real property The Lien secures the principal sum of ONE THOUSAND THREE HUNDRED FORTY DOLLARS (Sl,340.00), plus accrued interest end penalties, if any, and imposes caflain obligations against real properly situated in Collier County, Florida, described es follows: LOT 38 BLOCK H, FLAMINGO ESTATES FOLIO NUMBER: 32488920000 Collier County. a political subdivision of the State of Flonda. and the Collier County Water-Sewer District. a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court ia hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge Ihat the Lien ceases to exisL IN WITNESS WHEREOF. the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien. by action of the Board this ~ day of "~ ~ .1 ~98. A'I-rEST: DWIGHT E. BROCK. CLERK Attest ss to Chafrsa's slgnsture Prepared by: Thomas C Palmer /~? Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 2400724 OR: 2484 PG: 3112 UC RI i,II SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWeR DISTRICT, was the owner and holder of a certain Agreement with the folrowing: MABEL C. WINCHELL, A SINGLE WOMAN, AND RUTH L. W~NCHELL, A SINGLE WOMAN 982 CARDINAL ST NAPLES, FL 34104 Bearing the date of the DECEMBER 11, 1991, recorded in Official Record Book 1670 Page(s) 1955 THROUGH 1958, in the Office of the Clerk of the Circuit Court of Collier County, State of Flodda, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of ONE THOUSAND FIVE HUNDRED DOLLARS AND THIRTY CENTS ($1,500.30}, plus accrued interest and penalties, if any. and imposes certain obligations against real property situated in Collier County, Flodda. described as follows: LOT 8, BLOCK B, FLAMINGO ESTATES FOLIO NUMBER: 05502393600 Collier County, a political subdivision of the State of Florida. and the Collier County Water-Sewer District, a political subdivision of the State of Flodda. hereby acknowledges receipt of payment in full satisfaction of the Lien end hereby cancels the Lien, The Crerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida. to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF. the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien. by action of the Board this ,.?~Z, day of ~ ~ .1998. ATFEST: DW1GHT E. BROCK, CLERK Attest as to Chalmlan't signature on17. BOARD OF COUNTY COMMIS. SlONER~ .... COLLIER COUNTY, FLORID,(, AS THE. .' '".. GOVERNING BODY OF COLLIER , ' COUNTY AND AB EX-OFfiCIO THE. i'r GOVERNING BOARD O~ THE COLLIER ' · Prepared by: Thomas C. Palmer Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples. Flodda 34112 (941) 774-8400 *** 2400725 OR: 2484 PG: 3113 *** OICOIOID itt OlrlCI~ ItlCOIM of COLklll C~l~1.1L tic III i. II SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER.SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: LLOYD O.WRIGHT 5226 HOLLAND ST NAPLES, FL 34112 Bearing the date of the MARCH 17, 1993, recorded in Official Record Book 1806 Page(s) 1371 THROUGH 1374, in the Office of the Clerk of the Circuit Court of Collier County, State of Flodda, which Agreement imposes a lien on the subject real property The Lien secures the principal sum of ONE THOUSAND FIVE HUNDRED DOLLARS AND SEVENTY FIVE CENTS ($1,500.75), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Co,liar County, Florida. described as follows: LOT 7, BLOCK 9, NAPLES MANOR ANNEX FOLIO NUMBER: 62155560006 Collier County, a political subdivision of the State of Florida, and rite Collier County Water. Sewer District, a political subdivision of the State of Flodda, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, d.i.re~s execution and recording of this Satisfaction of Lien. by action of the Board this.~--.~'day of ""~"- ,1998. A't-rEST: DWIGHT E. BROCK, CLERK signature ofl15, BOARD OF COUNTY COLLIER COUNTY FLOR!DA. AS, THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD O~= THE COLLIER' C OU,~I~'Y WATER-SI~-~ .T'I~ I~C;F~ BARBARA B. BERRY, CHAII:~;,,~;,~~' Prepared by: Thomas C Palmer ri ~/" Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774.8400 2400726 OR: 2484 PG: 3114 ~ ~1 t,II :,,,,.., .,. 1 6 O 1 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA. AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX*OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: VV~FE CONARD WRIGHTSMAN AND CONNIE VVRIGHTSMAN, HUSBAND AND 5217 MITCHELL ST NAPLES. FL 34112 Bearing the date of the OCTOBER 14, 1993, recorded in Official Record Book 1875 Page(s) 525 THROUGH 528, in the Office of the Clerk of the Circuit Court of Collier County, State of Flodda, which Agreement imposes a lien on the subject real property. The Lien secures the pdncipat sum of TYVO THOUSAND THREE HUNDRED SIXTY THREE DOLLARS AND NINETY CENTS ($2,363.90). plus accrued interest and penalties. if any, and imposes cedain obligations against real property situated in Collier County. Florida, described as follows: LOT 37, BLOCK 6, NAPLES MANOR LAKES FOLIO NUMBER: 62255040002 Collier County, a political subdivision of Ihe State of Flodda. aed the Collier C3unty Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida. to acknowJedge that the Lien ceases to exist, IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex.Officio the Governing Board of the Colfier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action ol the Board this,,,~'~ day of "~o-u-- .1998. ATTEST: DWIGHT E. BROCK. CLERK Attest as to.Chalrm~m'$ signature on15. BOARD OF COUNTY COMMISSIONERS" COLLIER COUNTY. FLORID. K, AS THE GOVERNING SODY OF COLUER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF "~"'HE COLLIER BARBARA S. BERRY, CHAIRMAN,,, ~ , !: ' Prepared by. C. Palmer Thoreas Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 OR: 2484 PG: 3115 l.II SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA. AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: STANLEY WRONSKI. A SINGLE MAN 2660 LAKEVIEW DRIVE NAPLES. FL ~4112 Beadng the date of the JUNE 26, 1991. recorded in Official Record Book 1627 Page(s) 1743 THROUGH 1746, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of FOUR THOUSAND FOUR HUNDRED DOLLARS ($4.400.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: THE EAST 200 FEET OF THE WEST 64{) OF LOT 47, NAPLES GROVES & TRUCK COMPANY'S LITTLE FARMS, NO. 2 FOLIO NUMBER: 61836680003 Collier County, a political subdivision Of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County. Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of county Commissioners of Collier County, Flodda, and as Ex-Officio the Governing Board o{' the Collier County Water-Sewer District, acting through ~ts Chairman, directs execution and recording of this Satisfaction ofLien, byactionoftheBoardthis=,~/' dayof '~o-~-, .1998. A"CFEST; DWIGHT E. BROCK, CLERK Attest ~as to Chairman's sfgflatu~e onty. BOARD OF COUNTY COMM!SISIONERS COLLIER COUNTY, FLORIDA, AIS THE, GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER Prepared by: Thomas C Palmer Assistant County Attbrney Office of County Attorney 3301 East Tamiami Trail Naples. Florida 34112 (941) 774-8400 *** 2400728 OR: 2484 PG: 3116 itt SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY. FLORIDA. AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT. was the owner and holder of a certain Agreement with the following: HARRIETTE L PEEBLES. A SINGLE WOMAN 3980 NEW MOON CT NAPLES. FL 34112 Bearing the date of the JUNE 8. 1992. recorded in Official Record Book 1723 Page(s) 1849 THROUGH 1852. in the Office of the Clerk of the Circuit Court of Collier Counb/. State of Flodda. which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of ONE THOUSAND TVVO HUNDRED FIFTY NINE DOLLARS AND SIXTY SIX CENTS ($1.259.66). plus accrued interest and penalties, if any. and imposes certain obligations against real property situated in Collier County. Flodda. described as follows: LOT 28. LAKE KELLY, UNIT 2 FOLIO NUMBER: 53350880008 Collier County. a political subdivision of the State of FIodda. and the Collier County Water. Sewer District. a peliticel subdivision of the State of Flodda. hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County. Florida. to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF. the Board of County Commissioners of Collier County. Flodda. and as Ex-Officio the Governing Board of the Collier County Water-Sewer District. acting through its Chairman. directs execution and recording of this Satisfaction of Lien. by action of the Board this ~ ~./ day of ~,--. .1998. A'Fi'EST: DWIGHT E. BROCK. CLERK Attest aS to Chafraaa'$ signature BOARD OF COUNTY COMMISSIONERS'.' """""""" COLL ER COUNTY, FLORIDa, AS THE GOVERNING BODY OF COLLI£R ~ ~ COUNTY AND AS EX-OFF!CIO THE ' GOVERN NG BOARD OF THE COLLIER COU~L*TY WATER-S~0/EI¥~JST~CT ~:~.~...- BARBARA B. BERRY. CHAIRM~(]~t~j"~ Prepared by: Thomas C. Palmer /']'~/v Assistant County Attorney Office of County Attorney 3301 East Tarniami Trail Napies, Florida 34112 (941) 774-8400 2400729 OR: 2484 PG: 3117 ~ ~! I,II SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the follow~ng: HARRtETTE PEEBLES 4016 NEW MOON CT NAPLES, FL 34112 Beadng the date of the JUNE 8, 1992, recorded in Official Record Book 1723 Page(s) 1889 THROUGH 1892. in the Office of the Clerk of the Circuit Court of Collier County. State of Florida, which Agreement Impoee~ a lien on the subject real property. The Lien secures the principal sum Of ONE THOUSAND ~ HUNDRED FIFTY NINE AND SIXTY SIX CENTS ($1,259.66), plus accrued interest and penalties, if any, and imposes certain obligations against real properly situated in Collier County, Flodda, descdhed as follows: LOT 30, LAKE KELLY, UNIT 2 FOLIO NUMBER: 53350960009 Collier County, a political subdivision of the State Of Florida, and the Colliof County Water*Sewer District, a political subdivision Of the ~tate of Florida, hereby acknowledges receipt of payment in full satisfaction of the Uen and hereby cancels the Lien. The Clerk of the Circuit Coud is hereby directed lo record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Goveming Board of the Collier County Water-Sawer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien. by action of the Board this.39$1:x- day Of "~.-.a-*. ,1 ~J8. ATTEST: DWIGHT E. BROCK. CLERK ~[test as to Chal~'$ signature onl$. BOARD OF COUNTY COMMISSId~I'I~R'~"' .. COLLIER COUNTY, FLORIDA, A~ .THE GOVERNING BODY OF COLLIER,',' ?' " couNTy AND AS EX-OmCtO THE', GOVERNING BOARD OF_THE COLLIER s. SERRY. Prepared by: Thomas C. Palmer [~ Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2400730 OR: 2484 PG: 3118 *** SATiSFACTiON OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY. FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWeR DISTRICT, was the owner and holder of a certain Agreement with the following: CLARENCE L, PENNEY. WIDOWER OF ELIZABETH J. PENNEY 124 4TH ST, NAPLES. FL 34113 Beadng the date of the DECEMBER 5, 1991, recorded in Official Record Book 1668 Page(s) 2016 THROUGH 2019, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of ONE THOUSAND ONE HUNDRED DOLLARS ($1.100.00). plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT'2, BLOCK6, TRA'LAC"ESt/'l r FOLIO NUMBER: 77213640002 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District. a political subdivision of the State of Flodda, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court ia hereby directed to record this Satisfaction of Lien in the Official Records of Collier County. Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida. and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman. directs execution and recording of this Satisfaction of Lien, by action of the Board this .2~'~day of ~ ~ .1998. ATTEST: DWIGHT E, BROCK, CLERK Attest as to Chai?maa'$ signature on15. BOARD OF COUNTY COMM SSIONE[RS COLLIER COUNTY, FLOR DA~A$ THE': ' GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER BARBARA B. BERRY. CHAIRMAN Prepared by: C. Palmer ~-'~'~ Thomas Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples. Florida 34112 (941) 774-8400 *** 2400731 OR: 2484 PO: 3119 *** SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY. FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER.SEWER DISTRICT, was the ov,.ner and holder of a certain Agreement with the following: EDUARDO PEREIRO AND LUISA PEREIRO, HUSBAND AND VV~FE, AND YADIRA PEREIRO, A SINGLE WOMAN 3355 POINSE'CI'A AVE NAPLES. FL 34104 Bearing the date of the JULY 11, 1991. recorded in Official Record Book 1631 Page(s) 1739 THROUGH 1742, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. which Agreement imposes a lien on the subject rem property The Lien secures the principal sum of TWO THOUSAND TWO HUNDRED DOLLARS ($2+200.O0), plus accrued interest and penalties, if any. and imposes certain obligations against real property situated in Collier County. Florida, deschhed as follows: LOT 24 AND THE EAST tl2 OF LOT 25, BLOCK B~NAPLES VILLAS FOLIO NUMBER: 63501120002 Collier County, a poritical subdhrision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida. hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist IN W~TNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this ~day of '-~ ~ .1998. ATTEST: DWIGHT E. BROCK, CLERK At~t~st as to Chairman's signature BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, A~ THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF~'IE COLLIER CO~).NTY~'~ ~"'~' ~ ~ ' WATER-~~:,, BARBARA B BERRY, CHAIRMAN'" Prepared by: Thomas C~ Palmer '~ Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2 .e0732 OR: 2484 PG: 3120 IICOIOII t! OFFICIAL IJCUMS of ~LLIll ~, ~ cOf~Is 1,00 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY. FLORIDA. AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: ROBERT PORRAS AND JUANITA PORRAS, HIS WIFE 3131 FRANCIS AVE NAPLES. FL 34112 Bearing the date of the DECEMBER 5. 1991, recorded in Official Record Book 1668 Page(s) 2072 THROUGH 2075, in the Office of the Clerk of the Circuit Cou~t of Collier County, State of Flodda, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of ONE THOUSAND TWO HUNDRED FIFTY NINE DOLLARS AND SIXTY SIX CENTS ($1,259.66), plus accn~ed interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, FIohda, deschbed as follows: LOT, , /' "/: BLOCK 5, FIRST ADDmON TO NAPLI~S BETTER HOMES FOLIO NUMBER: 6'1492040009 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a I:~Olitical subdivision of the State of Ronda, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Flodda, to acknowledge that the Lien ceases to ex,st IN WITNESS WHEREOF. the Board of County Commissioners of Collier County, Florida. and as Ex-Officio the Governing Boa~ of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien. by action of the Board this -3O~.Z day of '"~ o-z.~.. ,1998. ATTEST: DWIGHT E. BROCK, CLERK AtteSt .~ 'fo' Chalmafl's signature BOARD OF COUNTY COMMISSIONERS''~. , . COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER BARBARA B. BERRY, CHAIRI~,~*;;i= . Prepared by: ~ Thomas C. Ralmer I~./" Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941 ) 774-8400 *** 2400733 OR: 2484 PG: 3121 *** UC nl I,II SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT. was the owner and holder of a certain Agreement with ~he following: ROBERT PORRAS ABD JUANITA PORRAS. HUSBAND AND WIFE 4089 COCONUT CIRCLE NAPLES, FL 34104 Bearing the date of the NOVEMBER 27. 1991, recorded in Official Record Book 1667 Page(s) 2107 THROUGH 2110, in the Office of the Clerk of the Circuit Court of Collier County, State of Flodda, which Agreement imposes a lien on the subject real property. The Lien secures the pfincipal aum of ONE THOUSAND TWO HUNDRED FIFTY NINE AND SIXTY S~X CENTS ($1,259.66}, plus accrued interest and ponaities, if any. and imposes certain obligations against real prope~/situated in Collier County, Florida, described as follows: LOT 7, BLOCK E, COCONUT GROVE, UNIT NO. 3 FOLIO NUMBER: 26682560007 Collier County, a political subdivision of the State of Flodda, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby ac~knowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist iN WITNESS WHEREOF. the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Soard of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this...o~l::~ day of ~"~e..u--. ,1998. AT[EST: DWIGHT E. BROCK. CLERK stgnature on].~. BOARD OF COUNTY COMMISSIONJ~R~'" COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLUER · COUNTY AND AS EX-OFFIClO,T~IE · ' GOVERNING BOARD OF til-lE COLLIER BARBARA B. BERRY, CHAIRNf~N~,.. Prepared by: ~. Thomas C Palmer ~C~ Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples Florida 34112 (94t) 774-8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY. FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT. was the owner and holder of a certain Agreement with the following: ROLAND A. POWELL AND LINNET'rE POVVELL. HUSBAND AND WIFE 5214-5218 GILCHRIST ST NAPLES, FL 34112 Bearing the date of the OCTOBER 8. 1993. recorded in Official Record Book 1873 Page(s) 623 THROUGH 626, in the Office of the Clerk of the Circuit Court of Collier County, State of Flodda. which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of TWO THOUSAND EIGHT HUNDRED FORTY FIVE DOLLARS AND SIXTY FIVE CENTS ($2.845,65). plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County. Florida, described as follows: Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Flodda, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Ftodda, to acknowledge that the Lien ceases to exist IN W1TNESS WHEREOF, the Board of County Commissioners of Collier County. Florida, and as Ex-Officio the Govemi~lg Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien. by action of the Board this ~2 ~/.,c~:Jay of "7) o-u- , 1998. ATTEST: DWIGHT E BROCK, CLERK Attest as to Chairman's si~ature o~ l.t. BOARD OF COUNTY COMM SS ONERS.... COLLIER COUNTY, FLORIDA. AS THE ' GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE '. GOVERNING BOARD OF;THE COLLIER ,',,,C.,~n~- ...:\~....~... BARBARA B, BERRY, Prepared by: Thomas C. Palmer ~'~"~ tO Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples Florida 34112 (94 f ) 774-8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: MARKLIN GLENN PRESCOTT AND EVONNE PRESCOTT, HUSBAND AND WIFE 3251 LUNAR STREET NAPLES. FL 34112 Beadng the date of the AUGUST 10, 1992. recorded in Official Record Book 1743 Page(s) 1812 THROUGH 1815. in the Office of the Clerk of the Circuit Court of Co~lier County, State of Flodda, which Agreement imposes a lien on the subject real property The Lien secures the principal sum of ONE THOUSAND FIVE HUNDRED DOLLARS AND SEVENTY FIVE CENTS ($1,500.75). plus accrued interest and penalties, d any. and imposes certain obligations against real property situated in Collier County, Florida, described es follows: LOT3, CR SSUBD S'O"I FOLIO NUMBER: 29430080008 Collier County, a political subdivision of the State of Flodda, and Ihe Collier County Water-Sewer District. a political subdivision of the State of Florida, hereby act(nowtadges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien, The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien m the Otficial Records of Collier County, Florida. to acknowledge that the Lien ceases to exist IN WITNESS WHEREOF, the Board of County Commissioners of Collier Count~, Florida. and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of L~en. by action of the Board this .~. day of '~o'~- ,1998. ATTEST: DWIGHT E. BROCK, CLERK ~ttest as to C-h~lr~4n'$ BOARD OF COUNTY COMMI,~SIONERS COLLIER COUNTY, FLORIDA, AS TRE GOVERNING BODY OF COLLIER :~, . COUNTY AND AS EX-OFFiCIO THE GO' R.,"G BOARD OF T.E co .w WATERfSWr LS ?T - Prepared by: ~ Thomas C Palmer / ~-~ Assistant County Att0mey Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941 ) 774-8400 *** 24 0736 OR: 2484 PG: 3124 1 6 D 1 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOWALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY. FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER.SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: WIFE JOHN ROADMANANDKATHRYN PARRISH ROADMAN, HUSBAND AND 2648 ESTEY AVE NAPLES, FL34104 Bearing the date of the JUNE 29, 1992, recorded in Official Record Book 1730 Page(s) 1176 THROUGH 1179, in the Office of the Cle~ of the Circuit Court of Collier County. State of Florida. which Agreement imposes a lien on the subject real properly. The Lien secures the principal sum of ONE THOUSAND TWO HUNDRED FIFTY NINE DOLLARS AND SIXTY SIX CENTS ($1,259.66), plus accrued interest and penalties, if any. and imposes certain obligations against real property situated in Collier County, Florida. described as follows: THE WEST 80 FEET OF THE EAST 110 FEET OF THE WEST HALF OF LOTS 25 AND 26, AND THE EAST 30 FEET OF THE WEST HALF OF LOT 26 OF THE NAPLES GROVES AND TRUCK COMPANY'S LITTLE FARMS NUMBER 2, NAPLES FLORIDA FOLIO NUMBER: 61832640004 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Flodda, hereby acknowledges recerpt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County. Flodda. to acknowledge that the Lien ceases to exist IN WITNESS WHEREOF. the Board of County Commissioners of Collier County, Florida. and as Ex-Officio the Governing Board of the Collier County Water*Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction ol Lien. by action of the Board this ~'.~'cley Of ~o'~'~. ,1998. ATTEST: DWIGHT E, BROCK, CLERK Attest as to s 1gnatum'e BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY, FLORIDA, A~THE ~ ~....'..~ GOVERNING BODY OF ~OLLIER COUN~ AND AS EX-O~ C O GO~RNING BOARD OF~E ~ CO~ WATER~I~c:~' ~R~ B. BERRY, Prepared by Thomas C Palmer '~ ~ Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples. Florida 34112 (941 ) 774-8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOWALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA. AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT. was the owner and holder of a certain Agreement with the follOW~ng: JAMES P. ROSEBOOM AND GLORY Y. ROSEBOOM, HUSBAND AND W1FE 3533 HIBISCUS NAPLES. FL 34114 Bearing the date of the FEBRUARY 18, 1992, recorded Jn Official Record Book 1688 Page(s) 487 THROUGH 490. in the Office of the Clerk of the Circuit Court of Collier County, Slate of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of ONE THOUSAND TWO HUNDRED FIFTY I'~INE DOLLARS AND SIXTY SIX CENTS ($1,259.66), plus accrued interest and penalties, if any and imposes certain obligations against real property situated in Collier County. Frorida, described as follows: THE WEST 112 OF L /J~P OT 17/ALL OF LOT 18, BLOCK F, NAPLES FOLIO NUMBER: 63503800003 Collier County, a political subdivision of the Stats of Flodda, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby aclmowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County. Florida, to acknowledge that the Lien ceases to exist IN WITNESS WHEREOF,/he Board of County Commissionem of Collier County, Florida. and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction o! Lien by action of the Board this ~day of 7J ~-,t~. .1998 ATTEST: DW1GHT E BROCK, CLERK Attes: es :o Chal~,$ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA,.A$"~HE ":' .... GOVERNING BODY OF COLt` ER . COUNTY AND AS EX'OFFICIO THE ' GOVERNING BOARD OF THE COLLIER COUNTY WATER-,~I/EJ~ISTRICT BARB:J~,A B; ~BERRY,~HAI~..,' .. Prepared by: Thomas C Palmer'~ Assistant County Atfomey Office of County Attorney 3301 East Tamiami Trail Naples Florida 34112 (941 ) 774-8400 2400738 OR: 2484 PG: 3126 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA. AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT. was the owner and holder of a certain Agreement with the lorlowing ANN RUSSELL. A SINGLE WOMAN 3918 COCONUT CIRCLE N NAPLES, FL 34104 Bearing the date of the SEPTEMBER 11, 1991, recorded in Official Record Book 1648 Page(s) 1301 THROUGH 1304. in the Office of the Clerk of the Circuit Court of Collier County, State of FIodda, which Agreement imposes a lien on the subject real property The Lien secures the principal sum of ONE THOUSAND ONE HUNDRED DOLLARS (51,100.00). plus accrued interest and penalties, if any. and imposes certain obligations against real properly situated in Collier County, Flodda, described as follows: LOT 17, BLOCK B, COCONUT GROVE, UNIT 2 FOLIO NUMBER: 2663520002 Collier County, a political subdivision of the State of Flodda, and the Collier County Water-Sewer Disthct, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County. Flodda. to acknowledge that the Lien ceases to IN WITNESS WHEREOF, the Board of County Commissioners of Collier County. Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien by action of the Board this ~¢,~ day of "~ ~--.-. .1998. ATTEST: DWIGHT E BROCK, CLERK A~t.e;t ss to Cha$~*S s Ign~t, ure ofl13. BOARD OF COUNTY COMMIS~i0NERS COLLIER COUNTY, FLORIDA, A~ THE GOVERNING BODY OF COLLIER ' COUNTY AND AS EX-OFFiCIO THF. GOVERNING BOARD OF THE.COLLIER COUNTY WATER-S~/ERf~TRICT BARBAR~ B. BERRY, CHAIRMAN Prepared by: Thomas C Palmer Assistant County Attdmey Office of County Attorney 3301 East Tamiami Trail Naples Florida 34112 (941) 774-8400 2400739 OR: 2484 PG: 3127 HC Ill 1 6D1 ..,o.::, m SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA. AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: W GARY SANDERS AND CASSANDRA A SANDERS, HUSBAND AND WIFE 4500 GULF STREAM NAPLES, FL 34112 Bearing the date of the DECEMBER 16, 1991, recorded in Official Record Book 1671 Page(s) 1658 THROUGH 1661, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of TWO THOUSAND EIGHT HUNDRED FORTY FOUR DOLLARS AND SEVENTY EIGHT CENTS ($2.844.78). plus accrued interest and penalties, if any, arid imposes certain obligations against real property situated in Collier County, Florida, described es follows: LOT 9, BLOCK 16, NAPLES SOUTH, UNIT I FOLIO NUMBER: 63103680005 Collier County, a political subdivision of the State of Florida, and the Collier County Waler-Sewer District, a political subdivision of the State of Flonda. hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist IN WITNESS WHEREOF, the Board of County Commissioners of CoBer County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer Districl acting through its Chairman. directs execution and recording of this Satisfaction of Lien by action of the Board this ~ ¢C~-day of -~0'z~ .1998 AYI-EST: DWIGHT E BROCK, CLERK ktL~st as to signature on15. BOARD OF COUNTY COMMIBSIONERS " COLLIER COUNTY FLORIDA, GOVERNING BODY OF COLL ER:~ COUNTY AND AS EX-OF~ClO 'I~E, GOVERNING BOARD OF YHE coLLIER BARBAI~ B. BERRY, CHAIRMAN .... Prepared by Thomas C Pa/mar ~/(~f Assistant County AttOrney Office of County Attorney 3301 East Tamiami Trail Naples, Flodda 34112 (941 ) 774-8400 2400'/40 OR: 2484 3128 !1¢ Ill LII ,,:=: 16D1 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER.SEWER DISTRICT, was the owner and holder of a certain Agreement with the follOW~ng: WESLEY H. SCHUHKNECHT AND JANIS I. SCHUHKNECHT, HUSBAND AND WIFE 4206 ENTERPRISE NAPLES, FL 34104 Beanng the date of the NOVEMBER 8. 1994. recorded in Official Record Book 2001 Page(s) 932 THROUGH 935. in the Off]ce of the Clerk of the Circuit Court of Collier County, State of F/odds, which Agreement imposes a lien on the sub~ real 13¢operty. The Lien secures the principal sum of SEVENTEEN THOUSAND FOUR HUNDRED TWENTY DOLLARS ($17.420.00). plus accm..,ed interest and penalties, ff any. and imposes certain obligations against real properb~ situated in Collier County. Florida. described as follows: UNITS 1 TO 14 INCLUSIVE, BUILDING A, ENTERPRISE COMMERCIAL CONDOMINIUM BUILDINGS "A# FOLIO NUMBER: 3'1t80040001 Collier County. a political subd'wision oflfle State of Florida. and the Coaer County Water-Sewer Disthct. a political subdivision of the State of Florida. he,by actmow~dges receipt of payment in fu~l satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County. Ronda. to acknowledge that the Lien ceases to ex~st IN WITNESS WHEREOF. the Board of County Commissioners of Collier County. Flor,da. and as Ex-Officio the Governing Board of the Collier County Water-Sewer D~stnct. acting through its Chairman. directs execution and recording of this Satisfaction of Lien by action of the Board this ../~--day of ~'1~- . 1998. ATTEST DVv3GHT E. BROCK. CLERK ~ttest as to ChaSr~a'$ signature onl.~. BOARD OF COUNTY COMMISSIO~IERS COLLIER COUNTY. FLORIDA. AS THE GOVERNING BODY OF COLLAR COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE. COlLIER BARBARA B. BERRY. CHAIRtv~.N Prepared by ThomasC Palmer '~/ Assistant County Attorney OIfice of County Attorney 3301 East Tam,ami Trail Naples. F~orida 34112 1941 ) 7?4-8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EX"TEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY. FLORIDA. AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWeR DISTRICT. was the owner and holder of a certain Agreement with the following; RICHARD W. GREEN AND BETTY J GREEN. HUSBAND AND W1FE 3430 CROTON RD NAPLES. FL 34104 Bearing the date of the FEBRUARY 3. 1992. recorded in Official Record Book 1684 Page(s) 2401 THROUGH 2404. in the Office of the Clerk of the Circuit Court of Collier County. State of Florida. which Agreement imposes a lien on the subject real property The Lien secures the principal sum of ONE THOUSAND TWO HUNDRED FIFTY NINE DOLLARS AND SIXTY SIX CENTS ($1.259 66). plus accrued interest and penalties, if any. and imposes certain obligations against real property situated in Collier County. Florida. described as foll~: See Exhibit A FOLIO NUMBER: 63504680002 Collier County. a political subdivision of the State of Florida. and the Collier County Water-Sewer District. a political subdivision of Ifle State of Florida. hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Coud is hereby directed to record this Satisfaction of Lien in Ihe Official Records of Collier County. Florida. 1o acknowledge that the Lien ceases to IN WITNESS WHEREOF. the Board of County Commissioners of Collier County. Florida. and as Ex-Officio the Governing Board of the Collier County Water-Sewer DistricL acting Ihtough its Chairman. directs execution and recording of this Satisfaction of Lien. by action of the Board this ~_..~day of '~ ,-~'. ,1998. ATTEST: DWIGHT E. BROCK. CLERK Attest ,{s to Cha{rman'$ s{gnature BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORI~iA. A~ .THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THECOLLIER COU~[~f WATER-SF~ER~!CT;, BARBARA B. BERRY. CHAIRMAN OR: 2484 PG: 3130 *** ' 16DI EXHIBIT A o[ ~7.12' to a ~[ut the~e ~0'30'~3W a d[lt~cl of 31.20', ~hence ~0'29'0S~ ~ dis~nce of 2.880 to vLch the Ealt lint o[ bt 1, thee c~tl~e Ut*29'O~ point o[ [n~eriecC[ou ~ch ~he Vest 1Lue of Prepared by: Thomas C, Palmer Assistar~t County Attorney Office of County Attorney 3301 East Tamiarni Trail Naples. Florida 34112 (9,41) 774-8400 2400742 OR: 2484 PG: 3131 ~,,"OUl~ In 0~zcz~ ucol~s n~ C~L~,nl cam, n ll/lttlll it, II:t?l'l F/I~T I. IIK'~, RiC ~11 1t.50 ~"=: 6 D 1 tit *iii SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT. was the owner and holder of a certain Agreement with the following: ROBERT L. HOWARD & JACQUELINE A. HOWARD. HUSBAND & W1FE 5365 CATTS ST NAPLES, FL 34112 Bearing the date of the AUGUST 21, 1992. recorded in Official Record Book 1746 Page(s) 1416 THROUGH 1419. in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property The Lien secures the principal sum of ONE THOUSAND FIVE HUNDRED DOLLARS AND SEVENTY FIVE CENTS ($1,500.75). plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County. Florida, described as follows: SEE EXHIBIT "A" FOLIO NUMBER: 62095040000 Collier County. a political subdivision of the State of Florida. and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien the Official Records of Collier County. Florida, to acknowledge that the Lien ceases to IN WITNESS VVHEREOF. the Board of County Commissioners of Collier County, Florida and as Ex-Officio the Governing Board of the Collier County Water-Sewer Distric~ acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this~,~t,day of ~,'~ ~"-, , 1998. ATTEST: DWIGHT E. BROCK. CLERK BOARD OF COUNTY COMMISSi0NE~S" COLLIER COUNTY. FLORIDA, AS~I'HE'' GOVERNIN BODY OF .c'OLUE. ,, COUNTY AND AS EX-OF; FIClO ,TI']~** GOVERNmNG BOARD O~ ~ COLLIER.' COUNTY WATE R-SE~'R ~TRICT BARBAF~ B. BERRY. CHAIRf~(AM~,,.~" [lilt[BIT A I ?1~6 001 ~ 19 PAGE oR BO0~ 1 6 O 1 '** OR: 2484 PG: ~132~' LEGAL D.ESCRII'FION: Lot 24 and the East 15 feet of Lot 25, Block 7, NAPLES MANOR ADDITION, according to plat in Plat Book 3, Pages 67 and 68, Public Records of Collier County, Florida. Here parttcu~ar~ described as ~k 3, Pmge:ST, ~ ~co~o o~ Collie= Coun~, Plot~, and a ~rtion o~ ~t 25, Bilk 7, ~S ~OR ADDXTX~, ~r pla~ recorded Plat ~k 3, Page 67, ~l~c ~l o~ ~llie~ ~ty, Florida, descried as ~ollMi ~ing at ~he easterly ~er of clid 25 where aim lot ad~oXne both Lot 24 and COttl Street, run Soutl 50'28'30" a distance O£ IS feetl thence run Perth 39(31030" ,Wilt a ~ d£stance of 135 £nct; ~hence ~ North S0028'~G" East a distance of , feet to tho westerly corner of laid lot 25 where said lot adJoinsl Lots 24, 16, and iT; thence run South 39e31'30" ~Slt e distance o! 135 feet to the Hint Of beginning. Prepared by ,...(.~ / Thomas C Palmer Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 2400?43 OR: 2484 PG: 3133 H/~/t! et 0!:47~ DWIG~i' l, DDOC[, Cf.lID IDC 711 10.SD CofIl~ 2.DD 1 601 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: THOMAS W. MANCINELLI & CAROL J. MANCINELLI. HUSBAND & WiFE 2664 CLIPPER WAY NAPLES. FL 34104 Beadng the date of the NOVEMBER 5, 1991. recorded in Official Record Book 1661 Page(s) 1337 THROUGH 1340. in the Office of the Clerk of the Circuit Court of Collier County. State of Flodda, which Agreement imposes a lien on the subject real property The Lien secures the principal sufn of ONE THOUSAND FIVE HUNDRED DOLLARS AND THIRTY CENTS ($1,500.30), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida. described as follows: SEE EXHIBIT "A" FOLIO NUMBER: 26735120006 Collier County. a political subdivision of the State of Florida, and the Collier County Water-Sewer District. a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien ir) the Official Records of Collier County. Flodda, to acknowledge that the Lien ceases to exist IN WITNESS WHEREOF. the Board of County Commissioners of Collier County, Florida. and as Ex-Officio the Governing Board of the Collier County Water-Sewer District acting through its Chairman. directs execution and recording of this Satisfaction of Lien. by action of the Board thisc,~day of ~/~ ~--~ .1998. ATTEST DWIGHT E BROCK, CLERK BOARD OF COUNTY COMI~IISSlO~ERS COLLIER COUNTY, FLORIDA,..~S ~FHE ' GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE . GOVERNING BOARD OF. THECOLLIER BARBARA B. BERRY, CHAIRMAN Attest as to Chairman'S signature OhiO. 'P~GE ....... ~T, 86, CO~ONU? RIVER OR 800~ PA~E 1601 Prepared by Thomas C Palmel¢~"~,~) Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples. Florida 34112 (941) 774-8400 2400744 OR: 2484 pC: 3135, Il/iS/Il it 0~:47f! ~I~T I. IIOCl, CLIII ilo fli 11,50 ~ltll SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOWALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEVVER DISTRICT, was the owner and holder of a certain Agreement with the following: WIFE RAYMOND T. HEFFERNAN AND HELEN M. HEFFERNAN, HUSBAND AND 5880 SHIRLEY ST NAPLES. FL 34109 Bearing the date of the FEBRUARY 13, 1995, recorded in Official Record Book 2032 Page(s) 388 THROUGH 392, in the Office of the Clerk of the Circuit Court of Collier County. State ot Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of ONE THOUSAND THREE HUNDRED FORTY DOLLARS (1.34000), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida. described as follows: SEE EXHIBIT A FOLIO NUMBER: 00255085003 Collier County, a political subdivision of the State of Flodda, and the Collier County Water-Sewer District, a political subdivision of the State of Florida. hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County. Florida, to acknowledge that the Lien ceases to exis[ IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien by action of the Board thise¢_.5~ day of ~..~.~.- .1998. ATTEST: DWIGHT E BROCK, CLERK Attest as to Chatr'mafl'$ signature only. BOARDOFCOU" COUM:SS:,O,, .J? ......... ,. COLLIER COUNTY FLOR DA, ~.~1:~';. ' '"' ~ ~RNING BODY OF CO~I~:r~ ~, '; ~ ~U~ ~O AS EX~FFICI~E' ~ ' ~.,,~ '* ~RNING BOARD OF ~E~ ..,., "4~ ¢~ - ... BAR~ BERRY CHAIRMAN>%~: ' ' ,,' *** OR: 2484 PG: 3131 *** EXHIBIT A' SOUTH 115 FEET OF THE NORTH 475 FEET OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 11, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, LESS WEST 30 FEET FOR ROAD RIGHT OF WAY. FOLIO NU~qBE}~: 00255085003 Prepared by; Thomas C Palmer Assistant County Attbrney O~ce of County Attorney 3301 East Tamiami Trail Naples Florida 34112 (941) 774-8400 2400745 OR: 2484 PG: 3137 qC ~!1 lO.SO C~HIS 2.00 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOWALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA. AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: GARY L. NICKELL AND GLORIA DIANNE NICKELL, HUSBAND AND WIFE 3397 TIMBERWOOD CIR NAPLES, FL 34105 Bearing the date of the OCTOBER 14, 1993. recorded in Official Record Book 1875 Page(s) 489 THROUGH 492, in the Office of the Clerk of the Circuit Court of Collier County. State of Florida, which Agreement imposes a lien on the subject real properly. The Lien secures the principal sum of ONE THOUSAND FIVE HUNDRED DOLLARS AND SEVENTY FIVE CENTS. plus accnJed interest and penaRies, if any. and imposes certain obligations against real property situated in Collier County, FIodda. described as follows: SEE ATTACHED EXHIBIT A FOLIO NUMBER: 00258965900 Collier County, a political subdivision of the State of FIodda, and the Collier County Water-Sewer District, a political subdivision of Ihe State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Flodda, to acknowledge that the Lien ceases to exist IN WITNESS WHEREOF. the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman. di~sts execution and recording of this Satisfaction of Lien. by action of the Board this,.2¢/c~, day of ~ ~ , 1998. ATTEST: DWIGHT E. BROCK, CLERK Attest as to Chairm~'$ signature on)~. BOARD OF COUNTY COMM ~IONERS g.,. COLLIER COUNTY, FLORII~'A~'I'~E GOVERNING BODY OF COLLIER ~ ' '" COUNTY AND AS EX-OFF]CIO .THE GOVERNING BOARD 0¢ -~..IE COLLIER COUNTY WATE R-~I~ ~TR~'~C~ BARBA~ B. BERRY, CHAIRMAN"'r,,~ Exhibit A *** OR: 2484 PG: 3138 *** 1601 ·mce ~ 89' 26'3l' Easl M~g Ihe s~lh~ly ~e ot.'IOM t.' e~ hMf of ~e n~lh MI of Ihe ~t hMf ef"lhe · fh~e c~l~e ~g eW e~fh~l~l~e S~fh. 89~ Ih~ce I.~g ~old I~th~y I~e N~th O' ~' 29' feet: - ,'..' ~. ;. thence N~fh ~' 40' 51' Eosl 31.04 tell .fo ~e9~9 of P~M ~97 ~e~ b.~ des~e~ thrace C~l~e H~fh ~' 40 ~1' [esl 31.04 feet; lhmce ~lh ~' 4~ 51' Welt 31.04 thrace Hwlh ~9' I~ ~' West 51,25 t,., t Prepared by: Thomas C. Palmer Assistant County Att§rney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 2400746 OR: 2484 PG: 3139 llCODID ii O~fXCI~ IIC0~$ o! CO~LIII Cuvth, ~L CO?Ill 1 601 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a cadain Agreement with ~he following: James R. Hawkins and Jane R. Hawkins, Husband and Wife 2424 Clipper Way Naples, FI 34104 Searing the date of the November 18, 1991, recorded in Official Record Book 1664 Page(s) 1732 through 1735, in the Office of the Clerk of the Circuff Court of Collier County. State of Flodda, which Agreement Imposes a lien on the eubject reel property. The Lien secures the pdnc/pal sum of Olle Thousand Five Hundred Dollars and Thirty Cents ($1.500 30). plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: SEE ATTACHED EXHIBIT A FOLIO NUMBER: 26735720008 Colr,er County. a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien end hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Floride, to acknowledge that the Lien ceases to exist IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida. and as Ex-Officio the Governing Board of the Collier County Water-Sewer Oistricl acting through its Chairman, directs execution and recording of this Satisfaction of Lien. by action of the Board this,..~ay of. ~,~"~-. ,1998. ATTEST: DWIGHT E BROCK, CLERK Attest as to CMIrI~'$ signature onJ]. BOARD OF COUNTY COMMi'$$1ONERS COLLIER COUNTY, FLORIDA, AS THE: GOVERNING BODY OF COLLIER COUNTY AND AS EX. OFFICIO TIlE GOVERNING BOARD OF.THE COLLIER COUNTY WAT E R -,~,NE ~I,,~,OI$.'i'RI C~',.. BARBARA B. BERRY, CHAIRI~AN {P~rcel I]7) .777 .~ L1.'/7 1 6gl ,: (~ltER COUNTY., JAM[$ C. GtL'~J, CL[RK Prepared by Thomas C Palmer Assistant County Attdmey Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 2400747 OR: 2484 PG: 3141 ~ ~1 II,SI SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMiSSiONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: TIMOTHY M, QUINLAN AND MARY JANE QUINLAN, HUSBAND AND WIFE 2616 LONGBOAT NAPLES, FL 34104 Bearing the date of the NOVEMBER 11. 1991, recorded in Official Record Book 1661 Page(s) 1301 THROUGH 1304, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real propec~y The Lien secures the pdnctpel sum of ONE THOUSAND FIVE HUNDRED DOLLARS AND THIRTY CENTS ($1.500.30), plus accrued interest and penalties, if any, and imposes cedain obligations against mai property situated in Collier County, FIodda, described as follows: SEE ATTACHED EXHIBIT A FOLIO NUMBER: 26732080000 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Men. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida and as Ex*Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien. by action of the Board this ,'~'~ day of ~ e-u.-- . 1998. ATTES'~:: DWIGHT E BROCK. CLERK Attest as to Chalrm~n'$ signature only. BOARD OF COUNTY COMMIS$IO'~' ..... COLLIER COUNTY, FLORIO~, A~ THE GOVERNING BODY OF CI~.LIER ~ ' COUNTY AND AS EX-OFFICIO THE' '~* GOVERNING BOARD OF~rHE COLLIER, , BARB..~RA e. BERRY. bHAIR"I~AI~.,~,;,, ,.,, ¢" *~* ~R: 2484 P.G: 3142 taEt 9~,41. ~ebt to the Place o£ Beginning; beiog a part 0£ Lot 34 a~d a pa~ oF LOS 35 o£ said CoconuR liver Unit #o. 1, Collier Prepared by ThomasC Pafmer'~ Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples Florida 34t12 (9411 774-8400 *** 2400748 OR: 2484 PG: 3143 Ilt fiji SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER CCUNTY AND AS EX*OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER*SEWER DISTRICT, was the owner and holder of a certain Agreement w~th me following BEVERLY A. HENRY 2923 GORDON ST NAPLES. FL34112 Bearing the date of the JULY 29, 1993, recorded in Official Record Book 1850 Page(si 2103 THROUGH 2108, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of TWO THOUSAND SIX HUNDRED FOUR DOLLARS AND SIXTY CENTS ($2,604.60), plus accrued interest and penalties, if any, and imposes ceaain obligations against real property situated in Collier County, Florida, described as follows: LOT 34, COL-LEE-CO GARDENS FOLIO NUMBER: 26831200008 Collier County, a political subdivision of Ihe State of Florida, end the Collier County Water-Sewer District. a politicel subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Flodda, to acknowledge that the Lien ceases to exist IN WITNESS WHEREOF, the Board of County Commissioners of Collier County. Florida. and as Ex-Officio the Governing Board of the Collier County Water-Sewer District acting through its Chairman. directs execution and recording of this Satisfaction of Lien by action of the Board this o2~day of "~e-u,-. , 1998. ATTEST: DWIGHT E BROCK, CLERK AriSes/: ,is to Chairman.s slgaature onlj', BOARD OF COUNTY com, iissJb~ss COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER " COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF TH.E COLLIER BARBARA B. BERRY, CHAIRMAN Prepared by Thomas C Palmer Assistant County Attorney Office of County Attorney 3301 Easl Tamiami Trail Naples, Florida 34112 (941) 774-8400 2400749 OR: 2484 PG: 3141 UC m Il,SI SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the foUowing: HITCHING POST CO-OP, INC., A FLORIDA CORPORATION, FORMERLY KNOWN AS HITCHING POST HOMEOWNERS ASSOCIATION 32 CHEYENNE TRAIL NAPLES FL 34113 8eanng the date of the FEBRUARY 16, 1993, recorded in Official Record Book 1798 Page(s) 228 THROUGH 231, in the Office of the Clerk of the Circuit Court of Collier County, State of Flodda. which Agreement impe~s a lien on the subject real property. The Lien secures the principal sum of ONE HUNDRED TWELVE THOUSAND SIXTY DOLLARS ($112,060.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Col~er County, Florida. described as follows: SEE ATTACHED EXHIBIT A FOLIO NUMBER: 50865000305 Cofrier County, a political subdivision of the State of Florida. and the Collier County Water-Sewer District. a political subdivision of th~ State of Florida, hereby acknowledges receipt of payment in tull satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court ia hereby directed to record this Satisfaction of Lien ~n the Official Records of Collier County. Florida, lo acknowledge that the Lien ceases to exist [N WITNESS WHEREOF, t~ Board of County Commissioners of Collier County. Florida and as Ex-Officio the Govemlng Board of the Collier County Water-Sewer Distnct, acting through its Chairman, directs execution and recording of this Satisfaction of Lien. by action of the Board this ,,~t, bt. day of '7~ ~ .1998. ATTEST: DWIGHT E BROCK. CLERK Attest as to signature Oniff. BOARD OF COUNTY COMMISSIO.,Nr~ COLLIER COUNTY, FLORIDA, GOVERNING BODY OF COLU¢I~' COUNTY AND ~ EX~FFI~ ~RBA~ B BERRY, CHAIRM, 2484 16D1 EXHIBIT A 0eacription o[ I{ltchin9 Post. iMobile IIc~,e Park) C~m~n~ncing at the SouthvQat corner of Secti~ 33, T~hip 50 South, ' Rang~ 26 East, ~lller Co~tF, Flo'rl~a, ~ Ilorth 02° 37' 1236~38 feot along the W~t ~un~ of said Section 33 ~ th~ Point of ~gi~lng; thenc~ ~ntinu~ North 0Zo 37' 04" ~at 1355.81 t~ West'% ~rner 6f said Section~ t~n~ North 02° 49'.40"'~st 646.73 Ol"~ast 1~9.74 feet to a ~[llt On t~ ~n~rllno.o$ Baref~t WJllia~ ~ad: thsn~ South 35° 34' 59" We~% 7.46 fe~t ~ a 'Point Of t~n~ 186.21 fee~ ~]on~.the ~.o~ ~ Cir~l~ C~, ~av~ E~terly, said ~ havihg a ~di~ of 170.~ fee~, ~rg Searing South 04~ 12'. 15'W~st 177.~ feet to the ~lnt of Tanged; then~ ~outh 27° 10' 29" East 438.37 feet to a Po~n~ ~ ~ the~ 438.96 feet along the ~c of a C~r~lar ~, ~ ~ ~ No~]~asterly, said ~ving a Radi~ of 2430.~ fee~, ~4 ~arl~. ~ 32° 20' 438.36 'fe~t to a P~lnt df Tan~n~ ~nc~ ~ntil~ ~o6g thg of ~ref~t Wllii~ Road Sou~'37o ~, 29" East ~5.43 fmet~ Nor~ 89° 59' ~2" West ~70~.73 feet ~ the Point of ~l~l~. C~tainin9 44.46 Gros~ acres ~rg or les~, 43.33 Net acres ~e o~ less. easterly 10.O0 feet re~ed for ~ IDgre~ and ~e=~ ~nt and the ~sterly 30.00 feet rese~ed for a ~ty R~d Right of Exhibit "A CGtLI£R COt)l~V, FLORIOA p¥1GJ4T [- BKOCI~, Prepared by: Thomas C, Palme~'(.;~ Assistant County Atto~ey Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 2400750 OR: 2484 PG: 3146 II~l~n lB OnZC~U, MCOnl o! COT, tln eOO~q, ~ ~11 ~,11 lira: SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY. FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEVVER DISTRICT. was the owner and holder of a certain Agreement with the following: BILL L. HERBST 6001 TAYLOR RD NAPLES, FL 34109 Bearing the date of the NOVEMBER 15, 1995, recorded in Official Record Book 2121 Page(s) 172 THROUGH 176, in the Office of the Clerk of the Circuit Court of Collier County. State of Florida. which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of TVVO THOUSAND EIGHT HUNDRED NINETY ONE DOLLARS AND SEVENTY EIGHT CENTS ($2,891.78), plus accrued interest and penalties, if any. and imposes certain obligations against real property affuated in Collier County. Florida. described as follows: SEE EXHIBIT A FOLIO NUMBER: 00247600001 Collier County, a political subdivision of the State of Florida. and the Collier County Water-Sewer District. a political subdivision of the State of Florida, hereby acknowledges receipt of payment in furl satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien m the Official Records of Collier County, Florida. to acknowledge that the Lien ceases to exist IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida. and as Ex-Officio the Governing Board of the Collier County Water-Sewer District. acting through its Chairman, directe execution and recording of thie Satisfaction of Lien. by action of the Board thi$,,2ct/t,C dayof ~ owJ,.. , 1998. ATTEST: DWIGHT E. BROCK. CLERK Attest as to Chalra,la'$ signature onlj. BOARD OF COUNTY COMMISSIONERS ..... COLLIER COUNTY, FLORIDA:, AS<THE ' ' GOVERNING BODY OF COLLi'F.~ ?.'~';, -* COUNTY AND AS EX-OFFIClO~THE. GOVERNING BOARD OFiTRE COLLIER · BARBARA B. BERRY. *** OR: 2484 PG: 3147 *** EXHIBIT A 1601 ' '] PARCEL 94 OF J & C INDUSTRIAL PARK, UNRECORDED, DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST 1/4 CORNER OF SECTION 11, TOWNSHIP 49 SOUTH, RANGE 25 EAST, CO[,I,IEI{ COUNTY, FLORIDA: T}lENCE ALONG Tile WEST LINE OF SAID SECTION 11, NORTH (30'I0' 36" WEST, 229.94 FEET FOR A PLACE OF BEGINNING; THENCE CONTINUING ALONG THE LAST DESCRIBED COURSE, 100.0{! FEET; THENCE NORTH 09' 2ii' 18" [",AS'['. 340.67 FEET ?O TIlE C~NTERLINE OF A ROAD; THENCE ALONG SAID CENT[<RIdNE SOU'I'II DU° 31' 42" EAST, 31.85 FEET, SOUTII 10043' 42" WES'F, 69.48 FEET; TIIENCE SOUTH 89028' 18" WEST, 327.73 FEET '1'() TIlE PLACE OF BEGINNING, [~EiNG PART OF Tile NORTIIWEST 1/4 OF SECTION 11, TOWNSIIIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. AS DESCRIBED IN T[tAT DOCUMENT RECORDED IN OR BOOK 1903, PAGE 2352, OF TIlE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO NUMBE}{: U02,]76!}000 i Prepared by Thomas C Palmer'~/ Assislant County AttbFn'ey Office of County Attorney 3301 East Tamiami Trail Naples. Florida 34112 (941) 774-8400 2400751 OR: 2484 PO: 3148 llCOlOID In O~IClAL UCOIDS of ~LLIII ~, ~ 1.01 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA. AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement wilh the following: GLORIA D. HURBEN AND MURRAY C. HURBEN, HUSBAND AND WIFE SHOREVIEW DR NAPLES, FL 34112 Bearing the date of the APRIL 30, 1992, recorded in Official Record Book 1711 Page(s) 2129 THROUGH 2132, in the Office of the Clerk of the Circuit Court of Coitier County, State el Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of ONE THOUSAND TWO HUNDRED FIFTY NINE DOLLARS AND SIXTY SlX CENTS ($1.259.66), plus accrued interest and penalties, if any. and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 17, BLOCK 2, GULF SHORES SUBDIVISION, A SUBDIVISION FOLIO NUMBER: 48171'160006 Collier County, a political subdivision of the State of Florida. and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby ec:Jmowledge$ receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien the Official Records of Collier County, Flodda, to acknowledge Ihat the Lien ceases to exrst IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water. Sewer District, acling through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this ..l(.h~::C day of '"'~,~u-~ . 1998. ATTEST: DWIGHT E BROCK, CLERK Attest as to Chalrean'$ signature onI3'. BOARD OF COUNTY COMMISSIONERS .... COLLIER COUNTY, FLORIDA.-'~S THE' GOVERNING BODY OF COI"LIER% .' , COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF *~'HE COLLIER COUNTY WATER-S~'VEI:~STRICT . BARBARA B. BERRY CHAIR~/.:;;~.m,,, '" IIIIIIII Prepared by ~ ~ ThomasC Palmer IGC' Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples. Florida 34112 (941) 774-8400 *** 2400752 OR: 2484 PG: 3149 IICOItDID ia OltlCIAL IICOID$ of COLLIIJ COUrTT, IL J.Jl ~llJ tO ~ ~AID lit HOJ SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: DONNA M HURD, A SINGLE WOMAN 403 COURTSIDE DR #103 NAPLES, FL 34105 Bearing the date of the JANUARY 3, 1992, recorded in Official Record Book 1676 Page(s) 1300 THROUGH 1303, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property The Lien secures the principal sum of ONE THOUSAND FIVE HUNDRED DOLLARS AND THIRTY CENTS ($1,500.30), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Flodda, described as follows: CONDOMINIUM UNIT D-103,COURT$1DE COMMONS OF WYNDEMERE, A CONDOMINIUM FOLIO NUMBER: 28781120003 Collier County, a political subdivision of the State of Flodda, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Flodda, to acknowledge that the Lien ceases to exist IN WITNESS WHEREOF. the Board of County Commissioners of Collier County, Florida. and as Ex-Officio the Governing Board of the Collier County Water-Sewer District. acting through its Chairman. directs execution and recording of this Satisfaction of Lien. by action ofthe Boardthis,,?¢'~c dayof "Tj,m.,--,. .1998. ATTEST DWIGHT E. BROCK, CLERK AtLest as to ChaJrm~j'$ Signature BOARD OF COUNTY COMMISSIONERS ' COLLIER COUNTY, FLORI.CA, A~ THE ' GOVERNING BODY OF COLLIER '. ~' COUNTY AND AS EX-OF'FIClO THE GOVERNING BOARD OE':THE COLLIER ~.~-'~,'..-- '""4 -,'%. ;:;,,, ~ . .,,,¢ BARBARA B. BERRY, CHAIRMAY~ Prepared by: ThomasC Palmer Assistant County Atfomey O~ce of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA. AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT. was the owner and holder of a certain Agreement with the following: ST JEAN JEAN AND MERITA JEAN. HUSBAND AND WIFE 5387-5389 CAROLINA AVE NAPLES, FL 34112 Bearing the date of the JUNE 21, 1994, recorded in Official Record Book 1960 Page(s) 1493 THROUGH 1496, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of 'rvvo THOUSAND THREE HUNDRED SIXTY THREE DOLLARS AND NINETY CENTS ($2.363.90). plus accrued interest and penalties. if any, and ~mposes certain obligations against real property situated in Coltier County, Florida, described as follows: LOT 25, BLOCK 7, NAPLES MANOR EXTENSION, A SUBDIVISION FOLIO NUMBER: 62205320002 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Flodda, hereby acknowledges receipt of payment in full satisfaction of the Lien end hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Flodda, to acknowledge that the Lien ceases to exist IN WITNESS WHEREOF. the Board of County Commissioners of Collier County. F!orida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien. by action of the Board this ~ccZZ, day of __~ c'U-', ,1998. ATTEST: DWIGHT E, BROCK, CLERK Attest as to Chafr~Mn'$ Signature onl]. BOARD OF COUNTY COMMI,~,~I'~)NER$ "'"',., COLLIER COUNTY. FLORIDA; AS THE '. " GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COU~ WATER-S~R/~ .~.,~T ... BARBARA B. BERRY. CHAIRM~N Prepared by: Thomas C Palmer .,~/O Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 I I] 2400754 OR: 2484 PG: 3151 IlCOl~lO iii OF~ICIAt IICO~l o[ COLLI~ ~ ~ IIC tip J.OI COHli I.II 16D1 IqO~ SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the fod~owing: HELEN KELLEY JOHNSON. A MARRIED VVOMAN, FRANK R. LEE, A WIDOWER 2632-2362A WEEKS AVE NAPLES. FL 34112 Bearing the date of the MARCH 5, 1992, recorded in Official Record Book 1693 Page(s) 1594 THROUGH 1597. in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the pnncipal sum of TVVO THOUSAND THREE HUNDRED SIXTY THREE DOLLARS AND EIGHTEEN CENTS ($2,363.18), plus accrued interest and penalties, if any, and imposes certain obligations against real properly situated in Collier County, Florida. described as follows: LOT 20, REBECCA WEEKS SUBDMSION FOLIO NUMBER: 81270640002 Collier County. a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Flodda, hereby acknowledges rece~r~t of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed lo record this Satisfaction of Lien ~n the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist tN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida. and as Ex-Officio the Governing Board of the Collier County Water-Sewer District. acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by achon of the Board this =2 (¢'.".~ay of ~ ¢'~. , 1998, Alq-EST: DWIGHT E. BROCK, CLERK Attest as to BOARDOFCOU. 'COMM SSIO RS '"' COLLIER COUNTY, FLORIDA, AS THE , , '~. GOVERNING BODY OF COLLIER' COUNTY AND AS EX-OFFICIO THE' GOVERNING BOARD OF THE:.COI.;L ER. '. · BARBARA B. BERRY. CHAIRMAN Prepared by: Thomas C, Palmer Assistant County Atforney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 2400755 OR: 2184 PG: 152,, .cmn t. mrc~AL ucom e! ~LLm COUW, ~ ,,:¢~ ~C Lei ~1~ ?0 ~ ~ 8401 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: LINDA L. JOHNSON, A SINGLE WOMAN 2793 CLIPPER WAY NAPLES, FL 34104 Bearing the date of the NOVEMBER 5, 1991, recorded in Official Record Book 1661 Page(s) 1317 THROUGH 1320, in the Office of the Clerk of the Circuit Court of Collier County, State of Flodda, which Agreement imposes a lien on the subject real property The Lien secures the principal sum of ONE THOUSAND THREE HUNDRED FORTY DOLLARS ($1,340.00}, plus eccmed interest and penalties, if any, and Imposes certain obri§ations against real property situated in Collier County, Ftodda, described as follows: SEE ATTACHED EXHIBIT A FOLIO NUMBER: 26734760001 Collier County, a political subdivision of the State of Flodda, and the Collier County Ware r-Sewer District, a political subdivision of the State of FIodda, hereby acknowledges recetpt of payment in full satisfaction of the Uell and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of ColJier County, Flodda. to acknowledge that the Lien ceases to exist IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District. acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by acdon of the Board this o,lf.~/, day of ~'~..~. .1998. ATTEST: DWIGHTE BROCK, CLERK · Attest as to Ch~SrJ~'$ $19aaLure 0'11,7, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA,'AS THE; GOVERNING BODY OF COLLIER ~ COUNTY AND AS EX-OFFICIO.,1~IE ,~/' GOVERNING BOARD OF THE COLI'IER'i '" EXIIIBIT "A' :PAGE ' *** OR: 248 , PG: 3153! ** OescrJp~ion o£ p~rt of Lot 76 and part of ~ 77 of Coco.-.ut P~.~'er' Unic ,"~o. I, ,'r.£. 9, P. $8) Collier Counc~ r!orida. PAJ~C££ 11~ Cc.~..encing at the Northeast Corner of $£CTIOZ; 3S, T¢;¢.';SBt~ jn SOUTH, R~'tGE 25 EAST, Collier CounC~, Florida; thence along the £a$¢ line of said Sec=ion $5, So~h O W~ree$- 41 feet-05 inches East 480.00 feet; thence South £9 degrees-41 feet-lO inches w-st 190.00 feet to Southeast Corner of ~ot 77, COCONUT RP~rR, UNiT NO. to the Plat thereof, as recorded in Plat ~ook $, at Page ~, of the Public Records of collier Count~, Florida, and the P~,~C£ ~£ of ~he Parcel herein de$cribe~; thence continuing South 89 degrees-41 ~eet-~O inches we$~ 90.41 feet; thence North 0 dc~]ree$-lS£eet-40 inches West l~O.O0 feet; thence North 89 degrees-41 fee~-~O inches East ~9.59 fee=: thence along the East l~ne of said ~ot ?? South 0 degzae$-4$ inches East I~0.00 fee~ tO the Place of ~eg~nnlng~ b~ing a part of Lot 76 and a par~ O~ ~ct 77 O[ said CoConut Unit 1, Collier Count~, Florida. Prepared by: ~ Thomas C. Palmer' J ~-¢ Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2400756 OR: 2484 PG: 3154 UCO~D il OFFICIAL IICOIM O! COLLIII ~, ~ te~n: c.. ,. 1 6 01 lit SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: MICHAEL J. KEHL, A SINGLE MAN 2166 LONG BOAT DRIVE NAPLES, FL 34104 Bearing the date of the APRIL 16, 1997, recorded in Official Record Book 2307 Page(s) 1996 THORUGH 2000, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of TWO THOUSAND FOUR HUNDRED EIGHTY SEVEN DOLLARS AND TWENTY ONE CENTS ($2,487.21), plus accrued interest and penalties, if any. and imposes certain obligations against real property situated in Collier County, Florida, described as follows: THAT CERTAIN CONDOMINIUM PARCEL COMPOSED OF FAMILY UNIT 3, MANATEE POINT, A CONDOMINIUM FOLIO NUMBER: 56450120005 Collier County. a political subdivision of the State of Flodda, and the Collier County Water-Sewer District, a political subdivision of the State of Flodda, hereby acknowledges receipt of payment in full satisfaction of the Lie~ and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exisL IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this ~l',j;C~ay of ~ ~.-o.--. ,1998. Al-TEST: DWIGHT E. BROCK, CLERK Attest at ~o Chafrmafl's sl~ature only,. BOARD OF COUNTY COMMISSIONERS "· COLLIER COUNTY, FLORIDA,.AS~E~ ' ~ ~;. - GOVERNING BODY OF COLLIERj'":? ',' ~ ¥ '"," COUNTY AND AS EX-OFFICf(~'{'~i', :, GOVERNING BOARD OF THE~bLLIER COU..b~'r~ WATER-S~-'~E~,'.Tt~JC.,T', ' ', BARBARA B. BERRY, CHAIRMAN Prepared by: Thomas C. Palmer Assistant County Attorney Office of County Attorney 3301 East Tamiami Trait Napfes, Florida 34112 (941) 774-8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNT',' WATER-SEWER DISTRICT, wgs ~t~ owner and holder of a certain Agreement with the following: CHARLES R. KELLER 2760 DAVIS BLVD NAPLES. FL 34104 Bearing the date of the JULY 21, 1992, recorded in Official Record Book 1738 Page(s) 879 THROUGH 882, in the Office Of the Clerk of the Circuit Court Of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of TWENTY FIVE THOUSAND FOUR HUNDRED FORTY DOLLARS ($25,440.00}, plus accrued Interest and penalties, if any, arid Imposes certain obligations against real properly situated In Collier County, Flodda, described as follows: LOTS 5, 6, 7, 8, 9, 10, 1t, t2~ 13, t4, ROCK CREEK PINES SUBDIVISION NO. 2~ AS PLATTED AND RECORDED IN PLAT BOOK 2, PACE 86, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO NUMBER: 70820080007 Collier County, a political subdivision of lbo State of Rorida, and ~ Coltler County Water-Sewer District, a political subdfvision of Ihe State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lira1 and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Fledda, to acknowledge that the Lien ceases to exist IN WITNESS 'WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board thiss~;~., day Of ~'~ ~-. ,1998. A3-rEST: DWIGH~E BROCK CLERK A[test ..1.o' Chal~'s signature o~15. BOARD OF COUNTY AND AS EX-OFFICIO GOVERNING BOARD OF THE ( Prepared by: Thomas C Palmer i'~.~ Assistant County Attbmey Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 2400758 OR: 2484 PG: 3156 g~ ~1 i,II SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLUER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was/he owner and holder of a certain Agreement with the following: Keyeslone Interlocking Paving Conb'actor, Inc., a Florida Corporation 3135 Terrace Avenue Naples, Florida 34104 Bearing the date of the August 10, 1993, recorded in Offficial Record Book 1854 Page(s) 1410 through 1413, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of Five thousand Eight Hundred Eighty Dollars ($$,880.00), plus accrued interest and penalties, if any, and Imposes certain obligations against real property situated in Collier County, Flodda, des~ibed as follows: LOTS 21, 22 AND 23, BLOCK B, ROCK CREEK PARK, ACCORDING TO THE PLAT RECORDED IN PLAT BOOK 1, PAGE 79, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, FOLIO NUMBER: 70721480007 Collier County, a political subdivision of the State of Florida, and Ihe Collier County Wa~er-Sewer District, a political subdivision of ~ State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier Count, Flonda, to acknowledge that the Lien ceases to exist IN WITNESS WHEREOF, the Board of County Commissioners of Collier County. Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this .,~.~.,~t..day of '~ ~--* ,1998. A%TEST: E. BR~DCK, CLERK DWIGHT Atte'st as to Chafra~,$ slgn4f, ure on]], BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, A~ THE GOVERNING BODY OF COLLIER, ' COUNTY AND AS EX-OFFICIQ THE GOVERNING BOARD OF THE;COI;UER CpU~NTY WATER/~EWl~J~DIS .t,~, idT. ~ BARBARA B. BERRY, CHAIRMAN Prepared by: Thomas C. Palmer Assistant County Attorney O~ce of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 2400759 OR: 2484 PG: 3157 7210 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR BEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: JOSEPH KRCHNAVI AND BARBARA A. KRCHNAVI, HUSBAND AND WIFE, AND STEPHAN JON KRCHNAVl, JOINT TENANTS WITH FULL RIGHTS OF SURVIVORSHIP 4412 ROSE AVE NAPLES, FL 34112 Bearing the date of the DECEMBER 11, 1991, recorded in Official Record Book 1670 Page(s) 1899 THROUGH 1902, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property, The Lien secures the principal sum of 'rwo THOUSAND SIX HUNDRED THREE DOLLARS AND EIGHTY ~ CENT~, plus accrued interest and penalties, if any. and imposes certain obligations against real propedy situated in Coitier County, Florida, described as follows: LOT 24, BLOCK A, OF THAT CERTAIN SUBDIVISION KNOWN AS PINE VIEW VILLAS FOLIO NUMBER: 67490960007 Collier County, a political subdivision of the State of Flodda, and the Coflier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Oh~cial Records of Collier County, Florida, to acknowledge that the Lien ceases to exist IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman. directs execution and recording of this Satisfaction of Lien, by action of the Board this .~/~v.. day of ~ .1998. ATTEST: DWIGHT E. BROCK, CLERK signature only, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY FLORIDA/AS THE : ', GOVERNING BODY OF COL[.IER ' COUNTY ANDA$ EX-OFFICIO THE ' "~ GOVERNING BOARD OF THE COLLIER ' COUNTY WATER-~BLEVV/SI~D~TRICT '* *~ BARBARA e. BERRY, CHAIRMAN ' :" '"'" Prepared by: Thomas C Palmer Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 2400760 OR: 2484 PG: 3158 IICOI~ID lB OFFIC~tI, IICOI~I ofCOLLIIICOU]I~, ~ SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY. FLORIDA. AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT. was the owner and holder of a certain Agreement w~th the follow,n§ EUGENIUSZ KULAWIK AND KAZIMIERA KULAW~K. HUSBAND AND WIFE 2480 LAKEVIEW DR NAPLES. FL 34112 Bearing the date of the SEPTEMBER 28. 1993. recorded in Official Record Book 1870 Page(s) 215 THROUGH 218. in the Office of the Clerk of the Circuit Court of Collier County. State of Flodda. whic~ Agreement imposes a lien on the subject real proper~y The Lien secures the principal sum of TWENTY THOUSAND ONE HUNDRED DOLLARS 120.100.00), plus accrued interest end penalties, if any. and imposes certain obligations against real property situated in Collier County. Florida, described as follows: SEE ATTACHED EXHIBIT A FOLIO NUMBER: 00395320000 Collier County, a political subdivision of the State of Flodda. and the Collier County Water-Sewer District. a political subdivision of the State of Flodda. hereby acknowledges receipt of payment in full satisfaction of the Lien end hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County. Flodda. to acknowledge that the Lien ceases to exist IN WITNESS WHEREOF. the Board of County Commissioners of Collier County. Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District. acting through its Chairman. directs execution and recording of this Satisfaction of Lien, by action of the Board this ,~ ~ day of "~e.u-. . 1998. ATTEST: , DWIGHT E. BROCK. CLERK At[est as to signature onl]. BOARD OF COUNTY COMMISSIONERS. :" COLLIER COUNTY. FLORIDA. A8 THE ,. . , . GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE ' ' GOVERNING BOARD OF THE COt. LIER ' COUNTY WATER V~ ISTRICT BARBARA B. BERRY, CHAIRMAN '::'.t..." 2484 PG: 3159 16D1 EXHIBIT "A" lng daecc£bed al C(:n,~wencing at [he ~or%h 1/4 corner of Sect[on FLorida! [hence along %he' No~%h-$ou%h Icc[ton tine o~ eatd SecZ[on ~¢, South ~a~c 1001.74 ~eet [0 tho Po/n[ o~ 8egtnntng o! the herein dears[bed parcel[ thence conttnvtng along the Nor%h-South quar~er S~tlon Prepared by Thomas C Palmer '~ ~ Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples. Florida 34112 (941) 774-8400 '** 2400761 OR: 2484 PG: 3160 I,II SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY. FLORIDA. AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT. was the owner and holder of a certain Agreemenl with the following R EARL LANIUS AND BETTY SS LANIUS. HUSBAND AND WIFE 3675 THOMASSON NAPLES. FL 34112 Bearing the date of the JUNE 17. 1992. recorded ~n Official Record Book 1727 Page(s) 961 THROUGH 964. in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. which Agreement imposes a lien on the sub~ real property. The Lien secures the principal sum of ONE THOUSAND SEVEN HUNDRED FORTY ONE DOLLARS AND TWENTY SIX CENTS ($1.741.26). plus accrued interest and penalties, if any. and *mposes certain obligations against real property siluated ~n Collier County. Florida. described as follows: LOTS 26.27. AND 28. REPLAT AVALON ESTATES. UNIT ONE. PLAT BOOK 4. PAGE 65. PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA FOLIO NUMBER: 22670760004 Collier County. a political subdivision of the State of Florida. and the Collier County Water-Sewer District. a political subdivision of the State of Florida. hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record th~s Satisfaction of Lien the Official Records of Collier County. Florida. to acknowledge that the Lien ceases to ex,st IN WITNESS WHEREOF. the Board of County Commissroners of Collier County. Florida. and as Ex-Officid the Governing Board of the Collier Counly Water-Sewer District. acting through its Chairman. directs execution and recording Of this Satisfaction of Lien. by action of the Board thispff~ day of "~ c.-~ .... 1998. ATTEST: DVV~GHT E. BROCK. CLERK ~; t,.~n a t ur a BOARD OF COUNTY COMMISSIONERS ~ "' COLLIER COUNTY. FLORIDA. AS THE ~'.: GOVERNING BODY OF COLE.EI~ COUNTY AND AS EX-OFFICIO THE. GOVERNING BOARD OF THE .COLLIER. C O..U ~rY WATER-~6.~I'~ICT'.. ' BARBARA B. BERRY, CHAIRMAN Prepared by Thomas C. Palmer i"i~l~ Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM iMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreemenl with the following: GEORGE M. LASKO JR. AND JOYCE C. LASKO. HUSBAND AND W1FE 5433 TRAMMEL NAPLES, FL 34112 Bearing the date of' the SEPTEMBER 28, 1992, recorded in Official Record Book 1756 Page(s) 1538 THROUGH 1541, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of ONE THOUSAND FIVE HUNDRED DOLLARS AND SEVENTY FIVE CENTS ($1,500.75), plus accrued interest and penalties, if any, and imposes certain obligaflofm against real property situated in Collier Cotfflty, Florida. described as follows: LOT 9, LESS THE NORTHEAST FIVE FEET, BLOCK 15, NAPLES MANOR LAKES FOLIO NUMBER: 62266160008 Collier County, a political subdivimon of the State of Flodda, and the Collier County Water-Sewer District, a political subdivision of the State of FIodda, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record Ibis Satisfaction of Lien ~n the Olficial Records of Collier County, Florida. to acknowledge that the Lien ceases to ex,st IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida. and as Ex-Officio the Governing Board of the Collier County Water-Sewer District. acbng through its Chairman, directs execution and recording of this Satisfaction ofL~en, by action of the Board thia. ~C--.~ay of -./~4-,~_.._, 1998. ATTES,T; DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMIGSlONE,RS COLLIER COUNTY. FLORIDA, AS THE GOVERNING BODY OF COLLIER '" COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER ~ '~; '~ ~" ,~;7.t,'i,',,',,,,,, BARBARA B, BERRY. CHAIRMAN' Attest as to Chalrm4~'$ sf~qature only. Prepared by: Thomas C Palmer '"~-~. Assistant County Attolney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 2400763 OR: 2484 PG: 3162 IlR ~ I,II ~llll I.II c.. 1 6 D l , ' SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: JOHN A. LESLIE 5345/5249 SHOLTZ ST NAPLES, FL 34112 Bearing the date of the DECEMBER 18. 1995, recorded in Official Record Book 2135 Page(s) 2021 THROUGH 2025. in the Office of the Clerk oi [he Circuit Court of Collier County. State of Florida, which Agreement imposes a lien on the subject real property The Lien secures the principal sum of FOUR THOUSAND FIVE HUNDRED SEVENTY EIGHT DOLLARS AND TEN CENTS ($4.578,10), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOTS 14 AND 15, BLOCK 9, NAPLES MANOR ANNEX (0 4 C'c FOLIO NUMBER: 62155880003162155840001 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District. a political subdivision of the State of FIodda, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien, The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien m [he Official Records of Collier County. Florida, to acknowledge that the Lien ceases to exist IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction ot Lien, by action of the Board this :9,"//,~ay ot __-~ ~-.~.-, _, 1998. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMI~..RIONER8 COLLIER COUNTY. FLORIDA, AS THEi GOVERNING BODY OF COLLIER ", ' COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATE R~EVVE~ISTRIC ~T BARBARA B. BERRY, CHAIRMAN ~ttest as to signature onl~a fr~an'$ Prepared by .-..'r7 ¢ Thomas C Palmer Assistant County Attdmey Office of County Attorney 330~ East Tamiami Trail Naples, Florida 34112 (941) 774-8400 2400764 OR: 2484 PG: 3163 sss SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That lhe BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY. FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement w~th the following MICHELLE M. MC DERMOTT AND CHARLES ME DERMOTT. WIFE AND HUSBAND 4403-440§ ROSE AVE NAPLES. FL 34112 Bearing the date of the AUGUST 10, 1992. recorded in Official Record Book 1743 Page(s) 1768 THROUGH 1771. in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property The Lien secures the principal sum of TWO THOtJSAND THREE HUNDRED SIXTY THREE DOLLARS AND EIGHTEEN CENTS ($2.363 18) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida. described as follows: LOT 25, BLOCK B, OF THAT CERTAIN SUBDIVISION KNOWN AS FOLIO NUMBER: 67492960005 Collier County, a political subdivision of the State of Fforida. and the Collier County Water-Sewer District, a political subdivision of the State of Florida. hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien ~n [he Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist IN WITNESS WHEREOF, the Board of County Commissioners of Collier County. Florida, and as Ex-Officio the Governing Board of the Colher County Water-Sewer D~strict, acting through its Chairman. directs execuhon and recording of this Satisfaction of L~en by action of the Board this~O~Z,day of ~,/,~t... 1998 ATTEST: DWIGHT E. BROCK, CLERK ~ttest as to Chalrm4~l'$ ~4gnatur~ only. BOARD OF COUNTY COMMI,~IONER~ COLLIER COUNTY. FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF ~ COLLIER BARBARA B BERRY. CHAIRMAI~'~d,tH~.~;'''' '' Prepared by: Thomas C, Palmer ! rLt/- Assistant County Attdrney Office of County Attorney 3301 East Tammmi Trail Naples, Florida 34112 (941) 774-8400 SATISFACTION OF NOTICE OF PROMISE TO PAY ANO AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: Thai the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS TF~E GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement wilh the following: EVANDER W. MOORE AND LISBETH L. MOOKE. HUSBAND AND 'WIFE AND WILLIAM H MITCHELL, JR. AND K PATRICIA H MITCHELL. HUSBAND AND WIFE 265t TERRACE AVE NAPLES, FL 34104 Bearing the date of the JANUARY 3, 1994, recoraed in Official Record Book 1908 Page(s) 43 THROUGH 46, in the Office of the Clerk et the C~rcuit Court of Collier County, State of Florida, which Agreement imposes a hen on the subject real properb/. The Lien secures the principal sum of FOUR THOUSAND FiVE t~UNDRED SEVENTY ONE DOLLARS AND SIXTY CENTS ($4,571,60), plus accrued interest and penalties, if any, and imposes certain obligations against real property s~tuated in Collier County, Florida, described as follows: THE WEST 100 FEET OF THE EAST 118 FEET OF THE SOUTHERLY 224.44 FEET OF THE WEST 1/2 OF LOT 27, NAPLES GROVES AND TRUCK COMPANY'S LII'I'LE FARMS NO. 2, LESS A 60 FOOT STRIP ALONG THE SOUTH SIDE OF DESCRIBED PROPERTY FOR ROAD. FOLIO NUMBER: 61833200003 Collier County, a political subdivision of the State et Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida. hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien, The Clerk et the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Flodda, to acknow!edge that the Lien ceases to exist IN WITNESS WHEREOF, the Board of County Commissioners of Collier County. Florida, and as Ex.Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman. directs execution and recording of this Satisfaction of Lien, by action of the Board this ,~.(~---day of "'-.,~ ¢-~-~' __, 1998. ATTEST: DWIGHT E. BROCK, CLERK ~ttest as to Chairman's BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIJ~k A~,THE GOVERNING BODY OF COM.IER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD Ol~ THE COLLIER C O.U~rTY WA T E R -jg'~WF.j~T~ J~c'r BARBARA B BERRY. CHAIRMAN Prepared by: Thomas C. Palmer "~ Assistant County Attdrney Office of County Attorney 330t East Tan'~iami Tra~l Naples FIonda 341t2 (941 ) 774-8400 2400766 OR: 2484 PG: 3165 UC ~ I.IJ SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That Ihe BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY. FLORIDA. AS T~E GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT. was the owner and holder Gl a certain Agreement with the following: Anna Onistrian Naples 2679 Becca Ave Napes, FI 34112 Beanng the dale of the January t4. 1993, reco~d.}d mn Official Record Book 1788 Page(s) 2376 through 2379. in the Office of the Clerk ~f the C~rcuit Court of Collier County. State of Florida. which Agreemenl imposes a I~en cr~ the subject real property. The Lien secures fhe principal sum of ONE THOUSAND SEVEN HUNDRED FORTY ONE AND EIGHTY CENTS (1.741 80). plus accrued interest and penalizes, if any. and imposes certain obligations agains[ real property situated ~n Collier Cc~unty. Florida, described as follows: LOT 36, REBECCA WEEKS SUBDIVISION, A SUBDIVISON RECORDED IN PLAT BOOK 2, PAGE 81, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA FOLIO NUMBER: 81271080001 Collier County, a political subdivision of the State of F Iorida. and the Collier Counly Water-Sewer District, a political subdivision of the State of Florida. hereby acknowledgea receipt of payment in full satisfaction of the Lien and hereby cancels the L~en. The Clerk of the Circuit Court is hereby directed to ,ecord th~s Satisfaction of Lien ~n the Official Records of Co er County. F orida, to acknow ridge that the Lien ceases to exist IN WITNESS WHEREOF. the Board of County Com~,~ssmoners of Collier County. Florida. and as Ex-Officio the Governing Beard of the Colht~, County Water-Sewer District. acting through its Chairman. directs execution and ~cord,~;g of this Satisfaction of Lien. by action of the Board this ~.~¢'~Z~lay of ~2}~-~',.* _. 1998 ATTEST: DWIGHT E BROCK. CLERK X[[es~- as to Chatrm~n.S ~ Igndture on BOARD OF COUNTY COMMISSIONERS"... COLLIER COUNTY. FLORIDA, AS THE GOVERNING ~]ODY OF COLLIER . COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER · BARBARA B BERRY, CHAIRMAN " Prepared by: Thomas C, Palmer Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 2400767 OR: 2484 PG: 3166 ~C Iii I.II SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: Thai the BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY. FLORIDA, AS TIlE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement wilh the following DAVID NEBUS AND ROBERT IVERSON 2831/2843 HOLLY AVE NAPLES, FL 34112 Bearing the date of the NOVEMBER 9, 1992, recorded in Official Record Book 1769 Page(s) 854 THROUGH 857. in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. which Agreement tCnposes a lien on the subject real property. The Lien secures the principal sum of FOUR THOUSAND FIVE HUNDRED SEVENTY ONE DOLLARS AND SIXTY CENTS ($4,571,60), plus accrued interest and penalties, if any. and imposes certain obligations against real property silualed in Collier County. Florida, described as follows: LOTS'I'2'"ANO4'HOLLYTERRACEt¢I~ '~'~/V~. p~"~I~ FOLIO NUMBER: 50890040000 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of FIobda, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed ID record Ihis Satisfaction of Lien m the Official Records of Collier County. Florida, to acknowledge that the Lien ceases to ex,st IN WITNESS WHEREOF, the Board of County Comm,ss~oners of Collier County. Florida. and as Ex-Officio the Governing Board of the Colher Counly Wafer-Sewer District. acting through its Chairman. directs execution and ~ecordmg of this Satisfaction of L~en, by action of the Board this ~ ~-day of ~ ._¢Z~_ _, 1998 A%fEST: DWIGHT E. BROCK. CLERK At[es[ as [o Chdlruafl'S Signature onl]. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA. AS THE 0 GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER BARBARA B BERRY, CHAIRMAN Prepared by. C Palmer Thomas Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (94t) 774-8400 2400768 OR: 2484 PG: 3167 I~IC~ D~ 1~ O!H¢IAL Ii,OlDS of ~LUII ~, ~ I,II SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOWALLMENBYTHESEPRESENTS That the BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY. FLORIDA. AS ~'HE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT. was the owner and holder of a certain Agreement with the following: PAUL ANKROM AND ANNA M ANKROM HUSBAND AND WiFE 3008 VAN BUREN AVE NAPLES. FL 34112 Bearing the date of the NOVEMBER 6, 1992, recorded m Official Record Book t 769 Page(s) 814 THROUGH 817, in fha Office of the Clerk of the Circuit Court of Collier County, State of Florida. which Agreement imposes a lien on Ihe subject real property. The Lien secures the principal sum of ONE THOUSAND TVVO HUNDRED SIXTY DOLLARS AND FIVE CENTS (SI.260.05). plus accrued ,nterest and penalties, if any, and imposes certain obligations against real property situated m Co:her County. Florida. described as follows: LOTS 23 AND 24, KELLY PLAZA FOLIO NUMBER: 52700840002 Colher County. a political subdivision of the State of Florida. and the Collier Counly Water-Sewer District. a political subdivision of the State of Flonda. hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby canoe s the Lien. The Clerk of the Circuit Court is hereby directed Io record this Satisfaction of Lien m the Official Records of Collier County. Florida. to acknov/lecge that the Lien ceases lo exist IN WITNESS WHEREOF. the Board of County Commissioners of Collier County. Florida. and as Ex-Officio the Governing Board of the Co!her County Water-Sewer District. acting through its Chairman, directs execuhon and recormng of this Satisfaction of Lien. by action of the Board this,~_~,__~day of ._~,~ ,~,_-: _ 1998 ATTEST: DWIGHT E. BROCK, CLERK Attest as to Chalrmafl'$ $ Jgnature onJff. BOARD Of COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA, A~ THE GOVERNING BODY OF COLLIER . COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COU. NTY WA TE R 7,S~.~ISTR. ICT BARBARA B BERRY, CHAIRMAN Prepared by Thomas C Palmer -~Cr Assistant County Attdrney Office of County Attorney 3301 East Tmmami Trail Naples, Florida 34t12 (941) 774-8400 2400769 OR: 2484 PG: 3168 ~C III i.ll ~III1 !.11 ,,,-.,,- 1 6D 1 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following FRED C, A~OOD AND TERRY A'rP~OOD HUSBAND AND WIFE 3247 LINWOOD AVE NAPLES. FL 34112 Bearing the date of the JULY 15, 1992, recorded tn Official Record Book 1735 Page(s) 1696 THROUGH 1699, in the Office of the Clerk of the Orcu,t Court of Collier County, State of Florida, which Agreement imposes a hen on the subject real property, The Lien secures the principal sum of ONE THOUSAND 1%¥O ttUNDRED FIFTY NINE DOLLARS AND SIXTY SIX CENTS ($1,259.66). plus accrued interest and penalties, if any, and imposes certain obligations against real property s~tuated in Collier County, Florida, described as follows: LOT 47 AND THE WEST 46 FEET OF LOT 48. BLOCK 3, FIRST ADDITION TO NAPLES BETTER HOMES FOLIO NUMBER: 61480720004 Collier County, a political subdivision of the State ol F!orida. and the Collier County Water-Sewer District. a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien end hereby cancels the Lien. The Clerk of the Circuit Court ~s hereby directed to record this SaTisfaction of Lien ~n the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist IN WITNESS WHEREOF, the Board of County Comrmss,oners of Collier County, F]orida, and as Ex-Officio the Governing Board ol the CoHior County Water-Sewer District, acting through its Chairman, directs execut~cn aad r,.'cord~ng of this Sahsfaction of Lien by acbon of the Board this ~'¢~- day of .~'/~Lk :_ ._ 1998 ATTEST: DWIGHT E, BROCK, CLERK Attest ~s to Chairman's signature onl]. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, ~ THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER BARBARA B BERRY, CHAIRMAN Prepared by Thomas C Palmer~l... Assistant County Attorney Office of County Attorney 3301 East Tam,ami Trail Naples. Florida 34112 (9.41) 774-8400 2400770 OR: 2484 PG: 3169 !~ ~ I.H SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS That !he BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY. FLORID.\ AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNIHG BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT. was the owner and holler ol a certain Agreement w~th the following STEVEN BAKER AND BARBARA J BAKER. BOTH SINGLE PERSONS 3926 MINDI AVE NAPLES. FL 34112 Bearing the date of the NOVEMBER 8. 1991. recorded .n Official Record Book 1662 Page(s) 797 THROUGH 800. in the Office of the Clerk ol the Circuit Court of Collier County. State of Flodda. which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of ONE THOUSAND FIVE HUNDRED DOLLARS AND THIRTY CENTS ($1.50030). plus accrued interest and per. alLies, d any. and imposes certain obhgations against real property situated in Colher CoL~r~!y. Florida. described as follows LOT 2. BLOCK B. PINE VIEW VILLAS SUBDIVISION. SECTION 13. TOWNSHIP $0 SOUTH. RANGE 25 EAST, COLLIER COUNTY. FLORIDA FOLIO NUMBER: 67'492080008 Collier County. a political subdivision o[' the Slate of Florida. and the Collier County Water-Sewer District. a political subdivision of the State of FLorida. hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby C~lr.¢e/s the L~en The Clerk of the Circuit Court ~s hereby dlrec:e J to r.Jcerd thrs Salistaction of L*en in Ihe Official Records of Collier County. Florida. to .lckrlov..lecP;e that the L~en ceases to ex,st IN WITNESS WHEREOF. the Board of County Comm,SSlo,ers of Collier County, Florida, and as Ex-OffiCio the Governing Board of the Colher C. ounly Water-Sewer Districl. acting through its Chairman. directs execubon and recordmg of this Satisi'actton of Lien. by action of the Board this ~.("Y~day of _~__/._:;:L'__ ~ 1998 ATTEST' DWIGHT E. BROCK. CLERK attest as to Chafra~tt'S $i~ature BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA. AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF: THE COLLIER COUNTY WATER- s. lr, ,ct BARBARA B BERRY, CHAIRMAN Prepared by, Thomas C. Palmer Assistant Cou~ ,y Attorney Office of County Attorney 3301 East Tarniami Trail Naples, Florida 34112 (941) 774-8400 2400771 OR: 2484 PG: 3170 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY. FLORIDA. AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT. was the owner and holder of a certain Agreement with the following: Elaine Hooven Bass, a single person. George O }toover'L a married person 3413 Go[die Lane Naples, FL 34112 Beadng the date of the January 17. 1992, recorded in Official Record Book 1680 Page(s) 730 through 73~. in the Office of the Clerk of the Circuit Court of Collier County. State of FIodda. which Agreement imposes a lien on the subject real property, The Lien secures the principal sum of One Thousand Two Hundred Fifty Nine and Sixty Six Cents ($1,259,66). plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Coflier County. Florida. described aa follows; THE SOUTH 113 FEET OF THE NORTH 193 FEET OF LOT 13. BLOCK A, GUILFORD ACRES FOLIO NUMBER: 47870600004 Collier County, a political subdivision of the State Bt F~orlda. and the Collier Coun~ Water-Sewer District. a political subdivision of the State of F!orida. hereby acknowledges. receipt of payment in full satisfaction of the Lien and hereby cancels the Lien, The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to 3ck,ow!ed!je ~hat the Lien ceases to exist IN WITNESS WHEREOF, the Board of Coumy Comm:ss,oners of CoJlier County. Florida, and as Ex-Officio the Governing Board of the Colher County Waler-Sewer DlStnct acting through its Chairman, directs execuhon md r~;,:ordmg of this Satisfaction of Lien, by action of the Board th ATTEST: DWIGHT E. BROCK, CLERK Attest as to Chalrlin II signature onIz' BOARD OF COUNTY COMMISSIONE~°'"'"%, COLLIER COUNTY, FLORIDA.AS THE GOVERNING BODY OF COL~'I. ER',' ' *,; ," COUNTY AND AS EX-OFF CIO THC: ,,,~,; J GOVERNING BOARD OF T~COLLIE~ ~,'~ · ,;"..! ' CO.J,I.NTY WATE R-,t'~WF_~J'~ISTRICT,. :, ~" BARBARA B BERRY. CHAIRMAn'* ..... Prepared by: Thomas C. Palmer Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples. FIonda 34112 (941) 774-8400 2..00772 OR: 2484 PG: 3171 I,fl SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOWALL MEN BY THESE PRESENTS That the BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY. FLORIDA. ^$ ~'HE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GC)VERNING B©ARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT. was the owner and h;!der ct a certain Agreemenl with the followmg JACK M. BEHLING AND ALLISON BEHLING. HUSBAND AND VV~FE. AS AN ESTATE BY THE ENTIRETIES 2332 FLORIDA AVE NAPLES. FL 34112 Bearing the date of the FEBRUARY 13. 1995, rec)a!ed in Official Record Book 2032 Page(s) 403 THROUGH 407. *n the Office ol the Clerk ol the C~rcuit Court of Collier County. State of Florida. which Agreement imposes a hen on lhe subject real property. The Lien secures the pnncipal sum of ONE THOUSAND SEVIN HUNDRED SIXTY ONE DOLLARS AND NINETY SlX CENTS ($1.761 96). plus accru.~d ,~terest and penalties, if any. and imposes certain obhgalions against real propcrty s,l:~a[ed ~n Collier County. Florida. described as follows: LOT 10, SUNSET HOMES FOLIO NUMBER: 7S760360002 Collier County. a political subdivision of the Stale of Flm~da. and the Collier County Water-Sewer District. a polihcal subdivision of the State of Florida. hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby c.mcels the Lien. The Clerk of the Circuit Coud is hereby direcled to record Ibis Satistacbon of Lien m the Ofhc~al Records of Col er County. Florida. to acknow~ed!~e mat the Lien ceases to exist. IN WITNESS WHEREOF. the Board of County Comm,s$,o,~ers of Collier County. Florida, and as Ex-Officio the Governing Board of the Colher Comity Water-Sewer Oistrict. acting through its Chairman. directs execut,on and ~c, ~,d,~g ct Ibis Satisfaction of Lien. by action of Ihe Board this .4 ¢,~"Z. day of ATTEST: DWIGHT E BROCK. CLERK Attest as to Chslr~n'! signature onl$. BOARD OF COUNTY COMMISSIONERS COLLrER COUN rY. FLORIDA, A8 THE. GOVERNING BODY OF COLLIER' COUNTY AND AS EX-OFFICIO THE GOVERNtNG BOARD OF THE COLLIER COUiNTY WATER ,,5'~W~4~2~ISTR~CT/i, BARBARA B t3£RRY, CHAIRMAN Prepared by Thomas C Palmer ,'"~ Assistant County Attgmey Office et County AItorney 330t East Tamiami Trad Naples, F[orida 34112 (941) 774-8400 2400773 OR: 248a, PG: 3172 iIf~I/~! K O?l~fx ~I¢1~/ I. II10~, ~ u~ nl 16D1 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOWALL MEN BY THESE PRESENTS That the I~OARD OF COUNTY COMMISSIONERS. COLLIER COUNTY, FLORIDA AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING [{OARD OF T:'iE COLLIER COUNTY WATER-SEWER DISTRICT. was the owne, and ho!der cf a ce~taln Agreement w~th the follow~ng GENE BIAGGI AND MAROLYN BIAGGI HUSBAi',~D AND WIFE 4838 PARROT AVE NAPLES. FL 34104 Bearing the date of the OCTOBER 16. 1991, recordc*d in OIhcial Record Book 1658 Page(s) 1689 THROUGH 1692. in the Office of lhe Clerk of the C~rcurt Court of Collier County, Slate of Flodda. which Agreement imposes a lan on Ihe subject real property, The Lien secures the pnncipal sum of ONE THOU'3,'\ND FIVE HUNDRED DOLLARS AND THIRTY CENTS ($1.500.30). plus accrued m:ore$~ and penalties, if any. and imposes certam obligations against real property s~tuated :~ Cc:her County. Florida, described as foilows LOT 11. BLOCK E, FLAMINGO ESTATES FOLIO NUMBER: 32483560009 Collier County. a poi hca subd v s on of the Sta e of FIo~ da, ;]nd the Collier Count~ Water-Sewer District. a political subdivision of the State of Florida. hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby car;:els the ben The Clerk of Ihe Circuit Court is hereby directed to rec{:rd Ih~s Sahsfaction of Lien ,n the Official Records of Collier County. Flodda. to ack~owledqe tha~ the Lien ceases ID exist IN WITNESS WHEREOF. the Board of County Comrnms~oners Of CollIer County. Florida, and as Ex-OfficIO the GOvernIng BOard Of the Coihe~ ~eunty Water*Sewer Dislrict, acbng through its Chairman. direct., execution m~d rec~rdm9 of this Satisfaction of Lien~ by action of the Board this ~/,~ay of _~ -?;.:._ ! 990 ATTEST: DWIGHT E BROCK. CLERK Att, qst as to $ l~atUr*e on BOARD OF COUN FY COMMISSIONERS COLLIER COUN FY, FLORIDA. AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WAT E R - ~ F~"~ISTRICT BARBARA B BERRY. CHAIRMAN Prepared by. Thomas C Palmer '"~r Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples. Florida 34112 (941) 774-8400 2400774 0R: 2484 PG: 3173 llc m i.ii COfll$ 1.11 1 6 O 1 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOWALL MEN BY THESE PRESENIS That the HOAR9 OF COUNTY COMMISSIONERS. COLLIER COUNTY. FLORIDA. AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING i~OARP, ~)F THE COLLIER COUNTY WATER-SEWER DISTRICT. was the OWner and he!der or a {,,tain Agreement with the following: ERCELL E BISHOP, AND MARY L BISHOP ~ Ugi /ND ?,;19 WIFE 3170 BARRETT NAPLES, FL 34112 Bearing the dale of the JANUARY 7, 1992. recorded in OIfic,gH Record Book 1677 Page(s) 1076 THROUGH 1079, in the Office o~ the Clerk of the C,cuit Court of Collier County, State of Florida, which Agreement m~poses a I..m on Ihe subject real property. The Lien secures the principal sum of FIVE THOUSAND EIGHT HUNDRED EIGHTY DOLLARS ($5,880.00), plus accrued interest and penalties, tf any, and imposes certain obligations against real property situated in Colher Cr~unt,/, FIon !a described as folJows: THE SOUTH 135 FEET OF INDIVIDUAL BLOCK A. OAK RIDGE MANOR FOLIO NUMBER: 64511120004 Collier County. a political subdivision of the State cf FIorida. and Ihe Co,let County Water-Sewer District, a political subdivision of the State of Ftor,da, hereby acknowfedge~ receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby d~recL~'d lo rec[;rd ibis Sm:sfactlon of Lien the Official Records o[ Collier County, Flodda. to acknowled,,;e tho', It',c Lien ceases to ex,st IN WITNESS WHEREOF, the Board of Coun:¥ Comm~f.s~oners of Collier County. Flonda. and as Ex-Officio the Governing Board of Ibc Colher Coun:y Y.,a:.~r-Sewer District. acting through its Chairman, directs executeD, and recermng BI ,.s Satisfaction of Lien, by action of the Board this.~u~day of _?. -~¥: ..... 1998 ATTEST: DWIGHT E. BROCK, CLERK signature only. BOARD OF COUNTY COMMISSIONERS COLLIER COUN fY. FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING B©ARD OF TH~ COLLIER CQUNTY WATER-%W5 ft',DISTRICT ~RBARA B BERRY, CiiAIRMAN Prepared by. Thomas C Palmer '"r~r Assislant Counly AttOrney Office of County Attorney 3301 East Tarnmmi Tra~l Naples. Florida 34112 (941) 774-8400 SATISFACTION OF NOTICE OF PROM:SE TO PAY AND AGREE~,~! !~T TO EXTEND PAYMENT OF WATER AND/OR SEWER SYST EM I~IPA{; T FEE KNOW ALL MEN BY THESEPRESENIS ;hatlheBOAfl : FCOUNTY COMMiSSiONERS. COLLIER COUNTY, FLORIDA. AS THE GO~,I~F', ,';G BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOAi., , F THE COLLIER COUNTY WATER-SEWER DISTRICT. was the owner and h ~kler ol ,~, ~,~n Agreement with the following: ERCELL BISHOP AND MARY L, BISHOP, HUSB:,ND/,Nt) ' ',' FE 3173 BARRE'Kr NAPLES, FL 34112 Bearing the date of the JANUARY 7. 1992, recorCed ~n Oth~ C. Record Book 1677 Page(s) 1080 THROUGH 1083. in the Office of the Clerk o[ the C,~cuit Court O[ Collier County, State of Florida. which Agreement ~mposes a hen cn Il',,,:, subject real property. The Lien secures the principal sum o[' SEVEN THOUSAND FIGHTY DOLLARS ($7,080.00). plus accrued interest arid penalties, if any, and ~rnpose~, - ,*am obligations against real property s~tuated in Collier County. Florida, described as ~,~ ~ws: SEE ATTACHED EXHIBIT A FOLIO NUMBER: 61841200008 Collier County, a political subdivision of the Slate ol Florida. a~,! 'he Collier County Water-Sewer District, a political subdivision of the State of Florida. hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court ia hereby directed to rer:ogd this S ms[actJo/1 of Lien in the Official Records of Collar County, Flodda, to acknowle 1Be that t~,r Lien ~esea to exist IN VWTNESS WHEREOF. Ihe Board of Coun',y Comm,ssior~er s ~;: Collier County. Florida, and as Ex-Officio the Governing Board o~ Ihe Cother 2oun~/ ~,~. ,:r~r-Sewer District acting through its Chairman. d~rects exec<:h~}~ and ir crdl; ] ~! :~,:s Satisfaction of Lien by action of the Board this ..~,~day of_ ' .~'~:,_'~ 19u3 ATTEST: DWIGHT E. BROCK. CLERK A[test as to sl~ature only. BOARD OF COUNTY COMMISSIONERS ' COLLIER COUNTY. FLORIDA, A~ THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO'THE GOVERNING BOARD OF THE COLLIER C?U TY WA T E R .s.'r ICT BARBARA B [J£RRY, CHAIRMAN Cro~e m~J Til~k Co's Little F,:r:n;.~,." ",_ .,.~ : ,,,ct,' .I. F~e 27, o£ t, he Publi: P. cccrd.~ ~,:* F,~',:~,r ( , Flor~:;u LD.'nc'_' ~..-sr, erlv. alt¢~g th: .'~,rti',.'rly l!:,, .f -:,h , '. 65.0 ,c.. ¢ ." for a Place of Ik-.gir.ai~: qh.v~:,: .%,::>,:'iv p~:'.... ~ cf t,'.' D.'51ic n- ,-~-, -¢ * ", .,.c,..,.-, C..~li':..'r r-. ..... . ,q...ri. :"fherce g;esterly pm-all:el ~,4Lh t~e 5,~Lb:r!:,* lire c::' .,., }L~or, 121.0 fe~t: lh:r,:e .~br'd'~ri~' p?..'-;.-'t '-'rd: ' :I ga~ 1ir~ 1~9.9 f~t to ~x~ North i~ o£ aid !.:: ii:: ' .~mh l'.:e 121.0 /'o:t co .~,..-"1.'~',., :ff" · '.',lcxr..l .'ntd v ' .%~... Prepared by: Thomas C. Palmer I("/' Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 2400776 OR: 2484 PG: 3176 UC01~ID P, 0~[~ICI.U, UC011J$ 0[ C0~,~,II! ~C ~l 10,50 CO?Ill l 72S0 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: LARRY D. BOCK AND MARGARET J, BOCK, HUSBAND AND WIFE 1951 J & C BLVD NAPLES, FL 34109 Bearing the date of the SEPTEMBER 16, 1993, recorded in Official Record Book 1866 Page(s) 1452 THROUGH 1455, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of TWO THOUSAND TWO HUNDRED FORTY DOLLARS ($2,24000), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: SEE ATTACHED EXHIBIT A FOLIO NUMBER: 00248280006 Colrier County, a political subdivision of the State of Frorida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Coud is hereby directed to record this Satisfaction of Lien ~n the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District. acting through its Chairman, directs execution and recording of this Satisfaction of Lien. by action of the Board this ,..~day of ~ o.-u-. , 1998. ATTEST: D .VVlGHT E. BROCK, CLERK Attest as to Chairman's Sfgnature onl, BOARD OF COUNTY COMMISSIONERS, '"", COLLIER COUNTY, FLORIDA, AS,~, E GOVERNING BODY OF CO.~LIERj,;' ', . ' COUNTY AND AS Ex-oFFi~Id~F¢".? .: GOVERNING BOARD OF.'l~ (~(~L~(ER;,~,i~, BARBARA B. BERRY. CHAIRMAN'~. . *** OR: 2484 o , ,G, 3177 16D1 Prepared by: Thomas C Parmer Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples. Florida 34112 {941) 774-8400 *** 2400777 OR: 2484 PG: 3178 ~lCOIOlO i~ D~[ICI~L UCOBO$ o[ COL~IU 1t/25/s8 a: 03:tlP~ D¥~G~T I, BROC~ LO0 Re:n: SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOWALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following ALAN P. BOLTON 11348 TAMIAMI TR E NAPLES, FL 34114 Bearing the date of the AUGUST 4, 1992, recorded in Official Record Book 1742 Page(s) 1003 THROUGH 1006, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property, The Lien secures the principal sum of NINE THOUSAND EIGHT HUNDRED SIXTY DOLLARS ($9.860 00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOTS 24 & 25, BLOCK B, MYRTLE COVE ACRES, UNIT I FOLIO NUMBER: 60782120002 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of Ihe Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien m the Official Recocds of Collier County', Florida. to acknowledge that the Lien ceases to exist IN WLTNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this~ day of ~'~ ¢%L, ,1998, ATTEST: DWIGHTE BROCK CLERK Attest as to Chafrmans Signature onlj. BOARD OF COUNTY COMMISSIONERS '. ' COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER .,'"': COUNTY AND AS EX-OFFICIQ THE GOVERNING BOARD OF THE, COLLIER COUNTY WATER-~WEcCD~DI~T, RJCT ' BARBARA B BERRY, CHAIRMAN Prepared by Thomas C. Palmer Assistant County AttOrney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2400778 OR: 2484 PG: 3179 COPII~ LO0 CLIi[ ?0 701 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: ROBERT L. BOWLSBEY AND MARY K, BOWLSBEY, HUSBAND AND WIFE 3663 DECCA AVE NAPLES FL 34112 Bearing the date of the DECEMBER 30, 1993, recorded in Official Record Book 1899 Page(s) 1900 THROUGH 1903, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of ONE THOUSAND FIVE HUNDRED DOLLARS AND SEVENTY FIVE CENTS ($1,500.75), plus accrued interest and penalties, if any. and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 35, REBECCA WEEKS SUBDIVISION FOLIO NUMBER: 81271040009 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien, The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to ex~st rN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida. and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this~,~C/~f4~ay Of "~ ~-2.~. , 1998, ATTEST: DWIGHT E. BROCK, CLERK Attest as to Chairman's signature only. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WAT E R -~,~W E~ ~?R,~.~Q T BARB/~'RA B. BERRY, CHAIRMAN Prepared by: ThomasC Palmer~ Assistant County Attbmey Offce of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (94t) 774-8400 2400779 OR: 2484 PG: 3180 UCO~ID IA O~I¢IAL ll¢OID~ of COLLII~ COUITY, ~L 11¢ ~11 tO.50 ¢0M15 2.00 ,iTI~O~I¢I {?8 ~L00S 1 I~ D 1 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a cedain Agreement with the following: LAWRENCE M. BOYK, A MARRIED PERSON 2405 LINWOOD AVE NAPLES, FL 34112 Bearing the date of the OCTOBER 28, 1993, recorded in Official Record Book 1878 Page(s) 2105 THROUGH 2108, in the Office of the Clerk of the Circuit Coud of Collier County, State of Florida, which Agreement imposes a lien on the subject real property, The Lien secures the principal sum of ELEVEN THOUSAND SEVEN HUNDRED SIXTY DOLLARS ($11,76000), plus accrued interest and penalties, if any, and imposes certain obligations against real properly situated in Collier County, Florida, described as follows: SEE ATTACHED EXHIBIT A FOLIO NUMBER: 61630320005 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien ~n the Official Records of Collier County Florida. to acknowledge that Ihe Lien ceases to ex~st tN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this~c,C~Oday of ~) ,~..- , ,1998 ATTES,~: DWIGHT E.' BROCK, CLERK Attes't as to Chairman's signature on].~. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF:THE COLLIER CO~UNTY WATER-DEWE~'~ISTRICT BARBARA B, BERRY, CHAIRMAN .... Prepared by: Thomas C. Palmer "7'~/'O Assistant County Att6mey Office of County Attorney 3301 East Tamiami Trail Naples. Florida 34112 (941) 774-8400 *** 2400780 OR: 2484 PG: 3182 *** RI¢ ~11 t,O0 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the foUowing: LESLIE BUIE AND KATHERINE S. BUIE. HUSBAND AND WIFE 5250 SHOLTZ ST NAPLES. FL 34112 Bearing the date of the AUGUST 3, 1992, recorded in Official Record Book 1742 Page(s) 13 THROUGH 16, in the Office of the Clerk of the Circuit Court of Collier County. State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of TWO THOUSAND THREE HUNDRED SIXTY THREE DOLLARS AND NINETY CENTS ($2,363.90). plus accrued interest and penalties, if any. and imposes cedain obligations against real property situated in Collier County. Florida. described as follows: LOT 13, BLOCK 10, NAPLES MANOR ANNEX FOLIO NUMBER: 62156800008 Collier County. a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida. hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien the Official Records of Co er County. F orida to acknowledge that the Lien ceases to extst IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida. and as Ex-Officio the Governing Board of the Collier County Water-Sewer District. acting through its Chairman. directs execution and recording of this Satisfaction of Lien. by action of the Board this o.? ¢~/¢,tday of ~,:~'-' , 1998. AU-EST: DWIGHT E. BROCK. CLERK Attest ~s to Chalrm~n's signature BOARD OF COUNTY COMMIS$i0N~R~ COLLIER COUNTY, FLOI~}~A,'~S;.T~E GOVERNING BODY OF (~OEL1ER ;,' COUNTY AND AS EX-O~FICIO :D-IE' GOVERNING BOARD OF THE COLLIER co?u'rY WATE ,. CT BARBARA B. BERRY, Prepared by Thomas C Palmer Assistant Couniy Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2400781 OR: 2484 PG: 3183 *** SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT. was the owner and holder of a certain Agreement with the following: BEATRICE J SENECALCADIEUX, A SINGLE WOMAN 2315 ANDREW DRIVE NAPLES. FL 34112 Bearing the date of the JUNE 22, 1992, recorded in Official Record Book 1728 Page(s) 1492 THROUGH 1495, in the Office of Ihe Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of ONE THOUSAND 'I~NO HUNDRED FIFTY NINE DOLLARS AND SIXTY SIX CENTS ($1,259.00), plus accrued interest and penalties, if any, and imposes cedain obligafions against real property situated in Collier County, Florida, described as forrows: SOUTH 1/2 OF LOT 2, AND ALL OF LOT 3, BLOCK B,WlLMER HEIGHTS SUBDIVISION, AS PER PLAT THEREOF RECORDED IN PLAT BOOK 4, PAGE 8, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA FOLIO NUMBER: 82640640000 Collier County a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien The Clerk of the Circuit Coud is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida. and as Ex-Officio the Governing Board of the Collier County Water-Sewer D~strict, acting through its Chairman, directs exect~on and recording of this Satisfaction of Lien by action of the Board this ,=~ ¢/C,L.day of ~)C'~L. , 1998 Al-TEST: DWIGHTE BROCK CLERK Attest ~s to Chairman'~ signature on).~. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COU. NTY WATE R -$~,WE R"'~ISTRICT . BARBARA B, BERRY, CHAIRMAN Prepared by: Thomas C Palmer ~/- Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples Florida 34t12 (94t) 774-8400 2400782 OR: 2484 PG: 3184 RICOOlO in O?~ICIA~ /3¢,OIDJ O[ COl~lll COg~Tf, It/~S/~ at O]:tT~ D¥~GIf I. JlO¢~, CLIff SATiSFACTiON OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following CAMAROB (1989) LIMITED. AN ONTARIO CORPORATION 6417 TIMBERWOOD CIRCLE NAPLES. FL 34105 8earing the date of lhe NOVEMBER 22, 1993, recorded in Official Record Book 1886 Page(s) 1900 THROUGH 1903. in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. which Agreement imposes aiien on the subject real property The Lien secures the principal sum of ONE THOUSAND FIVE HUNDRED DOLLARS AND SEVENTY FiVE CENTS ($1.50075). plus accrued interest and penalties. if any, and m~poses certain obligations against real propedy situated in Collier County. Florida. described as follows SEE EXHIBIT A FOLIO NUMBER: 00258966983 Collier County. a political subdivision of the State of Florida, and the Collier County Wa~er-Sewer District. a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County. Florida. to acknowledge that the Lien ceases to exist IN WITNESS WHEREOF the Board of County Commissioners of Collier County. Florida. and as Ex-Officio Ihe Governing Board of the Collier County Water-Sewer DisFict acting through its Chairman. directs execupO.~n and recording of this Satisfaction of Lien by action of the Board this ~(~7~;~_ day of ,4 ~ . 1998 ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMM!S~IONERS COLLIER COUNTY, FLORIDA, AS THE' GOVERN]NG BODY OF COLLIER .~" COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER cOUnTY WATE R-~F~WE(~,SgT.RI~C,T,F-~ I ."¢, ",.'~.r ' '" BARBARA B BERRY, CHAIRMAN' _ 16D1 EXHIBIT A DescrlpIIon of Porcel 3417 Por. t"of.~lh'e~,,~oulh'.half~qf~,lho:noMh~'l alf',of tile ')¥osl hell of the EosL' .Col~len.~Couni); ~orldo belng~ more p~r Icurlarly deecrlbed oe follows:'~ "'"' '" ' "." ?"' Commencing o~'.lh'o ~eou{h~eet co~ler of' eold eouU~ half Of norUt 'half of ~ll]es wee~'hall of U~e 'eouU~weet quarter of Section ~3, ea~d poln(~be/ng.'.'a~pohtl on tl~e weeleHy line of o I00' Collte~ County,conol ~flgH-of-way, '~.~ ... ~hence "Soulh"'sg~26":3I, Eael ~long, (he 'souUterly line of eold soulh ~half'of~U]e.;norlO ff~a f of U~e ~es{ hal. f of~lhe sou quoder of '.sec{lon"~IJ,":a~d~etoncet of,lO0.05 feet ~o on ln~orse~(lon ~'wlU~U~'~eaeterly-IIr~e 'of Jald .'cunol rlgh~-of-wo)~ [hence cot Unue o/offg' ea d eouU~orl~'.llno' Soull~ Bg' 2~' EoeF 40Y.'5l;"fe'e~~. ':' - ' " ~hence lea~ng said sou[Iterly line Nodh O' 28' 5I' Eaef 438. gi fee( (o [he Pain[ of g,~glnnlng of Parcel 3417 herein being descrlbed:rt~:..~ ': r , ' .,t. ..:..... ~ence con lnue Hodh 28' 51" [as[ 31.04 fee(; .[~ence ~9pJh 8g 31 og, E~( 5 25 fee[ [tenqe SouU~O,.28 51 Weet 31.04 fee[; , B.~ g!~g.~ o f .:~o~g ~I.. 3~ 17, .:~ ~eln ,.alee'crib e d sub]cc( (o easemen[e and res(tie(lone o~ record. Prepared by ThomasO Palmer Assistant County A(torney Office of County Attorney 3301 East Tamiami Trail Naples Florida 34112 (941) 774-8400 2400783 OR: 2484 PG: 3186 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT. was the owner and holder of a cedain Agreement with the following CAMPUS BOOK COMPANY, INC. A KANSAS CORPORATION 901 AIRPORT RD N NAPLES, FL 34104 Bearing the date of the OCTOBER 5, 1993, recorded in Official Record Book 1872 Page(s) 601 THROUGH 604. in the Office of the Clerk of the Circuit Court of Colrier County. State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of SIX THOUSAND SEVEN HUNDRED DOLLARS ($670000) plus accrued interest and penalties, if any, and ,mposes certain obligations against real property situated in Colrier County, Florida, described as follows: SEE ATTACHED EXHIBIT A FOLIO NUMBER: 00273200006 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District. a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Coud is hereby directed ID record this Satisfaction of Lien the Official Records of Collier County, Florida, to acknowledge that the Lien ceases ~o IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing 8oard of the Collier County Water-Sewer District. acting through its Chairman, direots execution and recording of this Satisfaction of Lien by action of the Board this ,~ ~:,Cday of '~ ~-. , 1998. ATTEST: DWIGHTE BROCK CLERK Jttest as to Chairman's s~gnature BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER- W ISTRICT BARBARA B. BERRY, CHAIRMAN I8~'2 '" 00060~ BOOK PA'G~( 6 i I I I I I I I I I North 151 feet of kha South 495.30 feet of tile West 1/2 of the West 1/2 of the West 1/2 of the Northwest 1/4 Of, Section 36, Township 49 South, Range 25 East, Less the West 50 feet, Collier County, Florida, AND East 10 feet of the North 193.30 feet of the South 688.60 feet of the West 1/2 of the West 1/2 of tile West 1/2 of the Northwest 1/4, Section 36, Township 49 South, Range 25 East, Less the North 30 feet thereof, as described in O.R. Book 1592, Page 1745, Collier County, Florida. Prepared by: Thomas C. Palmer Assistant County Attorn6y Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2400784 OR: 2484 PG: 3188 *** ~I¢ODID let~: IlT, lO,,I¢! ,T, ,~OOR 1 SO! lit SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER CQUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE CQLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: Orlando B. Cano and Maria Cano, Husband and Wife 5241 Caldwell Naples, F[ 34113 Bearing the date of the August 31,1992, recorded in Official Record Book 1748 Page(s) 2510 through 2513, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of One Thousand Two Hundred Sixty Dollars and Five Cents ($1,260 05), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier Countyl Florida, described as follows: LOT 16, BLOCK 5, NAPLES MANOR ANNEX, ACCORDING TO PLAT THEREOF fN PLAT BOOK 1, PAGE 110, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO NUMBER: 62152080000 Collier County, a political subdivision of the State of Florida, and the Collier Courtly Water-Sewer District, a political subdivision of the State of Flodda, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execuljion and recording of this Satisfaction of Lien, by action of the Board this~c/?::~day of_ ~. ~'--' · , 1998 ATTEST: DW G~I;T E; BROCK, CLERK ~ttest as ~1 Ch,~rr~n's s~gnature BOARD OF COUNTY COMMISSION'~S COLLIER COUNTY, FLORIDA, AS:THE,.' GOVERNING BODY OF COLLIERh CQUNTY AND AS EX-OFFICE0 THE GOVERNING BOARD OF THE]C{OLLIER C O.93J.,N TY WATE R/~WF:/~DISTRI CT ' BARBARA B. BERRY, CHAIRMAN .... Prepared by: Thomas C. PaImer Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples. Florida 34112 (941) 774-8400 *** 2400785 OR: 2484 PG: 3189 *** ~ICO!~ID l~ O~H~IAL UCODI of ¢OL~III ~ITI, ~L ¢0H15 1.00 I~tn: C~lll ~0 ?BI ~Olll) 1 (D B 1 I17 1240 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNQW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BQDY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE CQLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: ARNOLD M CANTRELL AND MELVA CANTRELL, HUSBAND AND WIFE 5434 TEXAS AVE NAPLES, FL 34112 Bearing the date of the AUGUST 30, 1993, recorded in Official Record Book 1860 Page(s) 1087 THROUGH 1090, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of ONE THOUSAND 'RNO HUNDRED SIXTY DOLLARS AND FIVE CENTS ($1,260.05), plus accrued interest and penalties, if any. and imposes certain obligations against reat property situated in Collier County, Florida described as follows: THE NORTH 1/2 OF LOT 8 AND THE SOUTH 1/2 OF LOT 9, BLOCK 18, NAPLES MANOR LAKES FOLIO NUMBER: 62266200006 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of th6 Lien and hereby cancels the Lien, The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board thiso?C',-/J~ day of ~ c-u-. , 1998, ATTEST: DWIGHT E. BRocK, CLERK Attest as to Chafrman's signature onlff. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE' GOVERNING BODY OF COLLIER ' COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER CO NTYWATE :. :. BARBARA B. BERRY, CHAIRMAN Prepared by: Thomas C PaImer ~"(.2/ Assistant County Attbrney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2400786 OR: 2484 PG: 3190 ***-, CO?IlS c.,,,o,. 1601 ~l? 12~0 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: MAUREEN T. CATLOW, A MARRIED WOMAN 5326 WARREN ST NAPLES, FL 34112 Bearing the date of the AUGUST 10, 1992, recorded in Official Record Book 1743 Page(s) 1776 THROUGH 1779, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of ONE THOUSAND FIVE HUNDRED DOLLARS AND THIRTY CENTS ($1,500.30). plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 7, BLOCK 4, NAPLES MANOR ANNEX A SUBDIVISION FOLIO NUMBER: 62151120000 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Corlier County, FIorida, to acknowledge that the Lien ceases to exist IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the CelIier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board thisbe/DC day of ~.. ¢--t.~. ,1998. ATTEST: DWt,G.I~T~ E BROCK, CLERK ,ttest as,,to' Chab'~an'$ s.fg~lat~F~ 0n lz. BOARD OF COUNTY COMMISSIONERS ' COLLIER COUNTY, FLORIDA; AS THE, i · GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO 'rH.E ,... GOVERNING BOARD OF THE COLLIER" ' COUNTY WATEPf~EW~E"~ BISTRI~,T,. ,~ ' : BARBARA B, BERRY, CHAIRMAN Prepared by: Thomas C, Palmer Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2400787 OR: 2484 PG: 3191 *** I1/25/9: at 03:~7~# O¥IG~! I. B~O¢I, ¢0~f15 ~I? SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOWALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a cedain Agreement with the folrowing: RONALD M, CITAK AND DEBORAH J, CITAK, HUSBAND AND WIFE 2145 HARDEE ST NAPLES FL 34112 Bearing the date of the MAY 20. 1992. recorded in Official Record Book 1718 Page(s) 454 THROUGH 457, in the Office of the Clerk of the Circuit Coud of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of ONE THOUSAND FIVE HUNDRED DOLLARS AND THIRTY CENTS ($1,500,30), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in CoIlier County, Florida, described as follows: LOT 4, BLOCK 14, NAPLES MANOR ADDITION FOLIO NUMBER: 62102880001 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District. acting through its Chairman, directs execution and recording of this Satisfaction of Lien. by action of the Board this,~.C?CZ-day of '~,..-t..--, , 1998. ATTEST: DWtGRT E.iBROCK, CLERK Attest ~'to signature BOARD OF COUNTY COM. M'IS, SlONERS COLLIER COUNTY, FLORIDA,.,AS;THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OCFICIO THE' GOVERNING BOARD oF THE COLLIER BARBARA B. BERRY, CHAIRMAN ' Prepared by: Thomas C Palmer '~ ¢' Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples Florida 34112 (941) 774-8400 *** 2400788 OR: 2484 PG: 3192 *** CO?IlS I.OG CLII£?0 H! B0llO 1 6D 1 ~I~ 1~0 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a cedain Agreement with the following: NIJOLE DULEBA CLAUSE, A REMARRIED WOMAN 4612 ACADIA NAPLES FL34112 Bearing the date of Ihe SEPTEMBER 2, 1993, recorded in Official Record Book 1862 Page(s) 1037 THROUGH 1040, in the Office of the Clerk of the Circuit Court of Collier County. State of Florida, which Agreement imposes a lien on Ihe subject rea~ properly The Lien secures the prtnc~pal sum of ONE THOUSAND TWO HUNDRED SIXTY DOLLARS AND FIVE CENTS ($1,26005), plus accrued interest and penalties if any, and imposes cedain obligations against real property situated in Collier County, Florida, described as follows LOT 7, BLOCK 6, AVALON ESTATE, UNIT I FOLIO NUMBER: 22624240004 Colher County, a political subdivision of the State of Florida, and the ColIier County Water-Sewer District a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full salisfaction of the Lien and hereby cancels the Lien The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien the Official Records of Collier County, Florida, to acknowledge that the Lien ceases Io ex~st IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer D~strict acting through its Chairman, directs execution and recording of this Satisfaction of Lien. by action of the Board this,-~day of ~'~--*- · , 1998 ATTEST: DWIGHTE BROCK, CLERK ~t~est as to Chairm,~'~ signature onIj,. BOARD OF COUNTY COMMISSIONERS. · '" COLLIER COUNTY, FLORIDAi A~.THI~ GOVERNING BODY OF COL~LIER COUNTY AND AS EX-OFFICIO'THE GOVERN,NG BOARD OF THE CO'HER C ~U)N TY WAT E R ~,~WF~. I.S.T~R~I CT BARBARA B. BERRY, CHAIRMAN Prepared by ThomasC Palmer-~C/'* Assistant County Attbrney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2400789 OR: 2484 PG: 3193 *** RIC ~11 LOG COP(IS 1,00 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the foliowin9 GAILE CLAYTON 2853/2855 VAN BUREN NAPt_ES, FL 34112 Bearing the date of the JUNE 29, 1992, recorded in Official Record Book 1730 Page(s) 1 t 04 THROUGH 1107, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of TWO THOUSAND EIGHT HUNDRED FORTY FOUR DOLLARS AND SEVENTY EIGHT CENTS ($2,84478), plus accrued interest and penalties if any. and imposes certain obligalions against real property situated in Collier County, Florida, described as follows: LOTS 47 AND 48, CRAIG'S SUBDIVISION FOLIO NUMBER: 29281360003 Collier County, a political subdivision of the State of F~orida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien the Official Records of Collier County, Florida, to acknowledge that tile Lien ceases to IN WITNESS WHEREOF, the Board of County Commissioners of ColIier County, Florida, and as Ex-Officio the Governing Board of the CeIlier County Water-Sewer District acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this,~/~,/J~ay of ~ cz.,.,--. , 1998 ATTEST: DWIGHT E BROCK CLERK Attest as to Chafrman's sfgnoture oni]. BOARD OF COUNTY COMM!$~IONERS: COLLIER COUNTY, FLORIDa,, AS THE GOVERNING BODY OF COLEIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER , r \.,.:,,;,,, ,, BARBARA B. BERRY, CHAIRMAN Prepared by Thomas C Palmer ICl'~'' Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2400790 OR: 2484 PG: 3194 iI¢OIDI~ In 0~¢~ ilC0~$ of ¢O~L~II COal?f, COPIl$ SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOWALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY, FLORIDA. AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and hotder of a certain Agreement with the following: WILLIAM COLLINS. JR..SONAGENTFOR ELIZABETH COLLINS, MOTHER (DECEASED) 5352 CALDWELL NAPLES FL 34112 Bearing Ihe date of Ihe JUNE 9, 1994. recorded in Official Record Book 1956 Page(s) 521 THROUGH 524, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. which Agreement imposes a lien on the subject real property, The Lien secures the principal sum of TWO THOUSAND EIGHT HUNDRED FORTY FIVE DOLLARS AND SIXTY FIVE CENTS ($2,84565), plus accrued interest and penalties, if any. and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 14, BLOCK 7, AMENDED PLAT OF NAPLES MANOR EXTENSION FOLIO NUMBER: 62204880006 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County. Florida, to acknowledge that the Lien ceases to IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District acting through its Chairman, directs execution and recording of this Satisfaction of Lien. by action of the Board this ~?O'~/J.-day of ~,~.--- . 1998. ATTESI::: , DWIGHT E.:BROCK, CLERK Attest as to Chairman's signature on I.y. · ,,'"'"' ,-\ s~ "",; ' BOARD OF COUNTY COMMISSIO,NERS: ":. ", COLLIER COUNTY FLORIDA .~Sf'~CtE'.; ' GOVERNING BODY OF COLLIER -" ': COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE~COLLIER ,': COUN WATER E , D,STRfOT" BARB~ B. BERRY, CHAIRMAN Prepared by: .._..~ ..,., ThomasC Palmer )0~ Assislant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples. Florida 34112 (941) 774-8400 *** 2400791 OR: 2484 PG: 3195 *** i SATtSFACTION OF NOT[CE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICiO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the folrowing: ELHANON COMBS AND SANDRA S. COMBS, HUSBAND AND WIFE 4053 HARVEST COURT NAPLES, FL 34112 Bearing the date of the FEBRUARY 15, 1994, recorded in Official Record Book 1915 Page(s) 70 THROUGH 73, in the Office of the Clerk of the Circuit Coud of Collier County S~ate of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the pnnc~pal sum of ONE THOUSAND FIVE HUNDRED DOLLARS AND SEVENTY FIVE CENTS ($1,500.75), plus accrued interest and penalties, if any, and ~mposes certain obligations against real property situated in Collier County, Florida, described as follows: LOTS 62 AND 63, LAKE KELLY, UNIT 2 FOLIO NUMBER: 53352080000 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien ~n the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist IN WITNESS WHEREOF, the Board of County Commissioners of CoIlier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District. acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this ~.~4~.<lay of '~¢l*_ , 1998 ATTEST: DWIGHT E. BROCK, CLERK Attest as to Chalr~Jan,s signature only. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COELIER. COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER. ' COUNTY WATER-~E~WE);~!;STR!CT ; : BARBARA B. BERRY, CHAIRMAN Prepared by: Thomas C. Palmer Assistant County Attbrdey Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774 8400 2400792 OR: 2484 PG: 3196 R~CO~D~D J~ O~ICIAL ~ICO~D$ of COLLIe! CO~?f, Rain: SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT was the owner and holder ora certain Agreement with the following: ANTHONYM D'AMORESR.,ANDELINOR H. EBELING, JOINT TENANTS WITH RIGHT OF SURVIVORSHIP 3402 TIMBERWOOD CIR NAPLES, FL 34105 Bearing the date of the OCTOBER 14, 1993, recorded in OfficiaI Record Book 1875 Page(s) 465 THROUGH 468, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida which Agreement imposes a lien on the subject real property The Lien secures the pnnolpal sum of ONE THOUSAND FIVE HUNDRED DOLLARS AND SEVENTY FiVE CENTS (Sl,500.75), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, FIorida, described as follows SEE ATTACHED SCHEDULE A FOLIO NUMBER: 00258966721 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full sabsfaction of the Lien and hereby cancels the Lien The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this~'~/~day of _ ~/')¢'a-~ ,1998. ATTEST: DWIGHTE BROCK, CLERK Attest ~s to Chairman S signature BOARD OF COUNTY COMMISSIONERS ', COLLIER COUNTY, FLORIDA, AS THE OOV RN,NG BODY OF CO,LISR COUNTY AND AS EX-OFFICIO .THE GOVERNING BOARD OF THE COLLIER C,OL~NTY WA T E m ~W E~r~, [,S, TSI C T ,. . BARBARA B BERRY, CHAIRMAN SCH~DULE "A" 16D1 Collier Canonry canal ri~ht--ol-~oy, Prepared by: Thomas C, Palmer -~ t'D Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2400793 OR: 2484 PG: 3198 *** ¢OPll$ 1,00 lit 1210 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMiSStONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a cedain Agreement with the following: ELMER M. DUNCIL AND BARBARA ELLEN DUNCIL HUSBAND AND WIFE 5341 CARLTON ST NAPLES, FL 34112 Bearing the date of the AUGUST 10, 1992, recorded in Official Record Book 1743 Page(s) 1700 THROUGH 1703, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of ONE THOUSAND TWO HUNDRED SIXTY AND FIVE CENTS ($1,260.05), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 11, BLOCK 10, NAPLES MANOR ADDITION FOLIO NUMBER: 62099120007 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this ~¢J~day of u2) ¢,~'-- · ,1998. A%T-EST:. ,DWIGHT E, B,[{OCK, CLERK BOARD OF COUNTY COMMISS ONE'S"'. COLLIER COUNTY, FLORID,~,¢AS,THI=~,~.;, . GOVERNING BODY OF C(~LLIER; COUNTY AND AS EX-OFF.'IClO[~'I/~.~'~.~, GOVERNING BOARD COqNTY WA T E R '~:~WF~,. ' ~,' .' !~~'' BARBARA B, BERRY Prepared by: Thomas C. Palmer '~¢ Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 R~COlOlO In O~ICI&L LICO~$ o[ COLL~I! COI~ITY, ~L 11/25/98 at 03:47PS D¥I6HT I. BIO¢I, CLllf ~lC Ill l,O0 ~etn: II? 7240 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFiCiO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: DAVID P, EMMETT AND JOAN M. EMMET~, HUSBAND AND WIFE 3072 LUNAR ST NAPLES. FL 34112 Bearing the date of the SEPTEMBER 10, 1992, recorded in Oft~cial Record Book 1752 Page(s) 437 THROUGH 440, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property The Lien secures the principal sum of ONE THOUSAND FiVE HUNDRED DOLLARS AND SEVENTY FIVE CENTS ($1,500.75), plus accrued interest and penalties, if any, and imposes cedain obligations against real property situated in Collier County, Florida, described as follows: LOT 25, LAKE KELLY, UNIT 2 FOLIO NUMBER: 53350760005 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, apoIitical subdivision of the State of Florida, hereby acknowledges receipt o! payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this ~UX::/-.day of ~ , 1998, ATTEST: DWIGHT E. ~ROCK, CLERK Attest as to Cha~r~n's BOARD OF COUNTY COMMIS~JONERS~ COLLIER COUNTY, FLOR GOVERN NG BODY OF COUNTY AND AS EX-OFFiCIO%HF-~%*¢I GOVERNING BOARD OF i~O~I~R Cfi)UN~ WATE~E~ DiST~ICt'~'~ BARBARA B. BERRY, CHAIRMAN,f~ Prepared by: Thomas C. Palmer"'[~ P Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2400795 OR: 2484 PG: 3200 *** l,OO SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOWALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: LUCKNER ETIENNE AND EKMINA ETIENNE, HUSBAND AND WIFE 3177 WOODSIDE AVENUE NAPLES, FL 34112 Bearing the date of the DECEMBER 12, 1994, recorded in Official Record Book 2011 Page(s) 1703 THROUGH 1707, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real properly. The Lien secures the principal sum of ONE THOUSAND EIGHT HUNDRED EIGHTY THREE DOLLARS AND FORTY SIX CENTS ($1,88346), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 124, OF THAT CERTArN SUBDIVISION KNOWN AS HALLENDALE FOLIO NUMBER: 48784520004 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of CoIlier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this,~4/?~.day of "77 ~ , 1998. A'F~EST .. DWIGHT El BROCK Attest as to Chatrm~n's Signature on 1.y. CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA~ A.S;THE..,,: GOVERNING BODY Of COUNTY AND AS EX-OFFJ.C.I'.OLrdE;f,~,:. GOVERNING BOARD OF "[.~E.C,,C)LEIEf:(. COUNTY WATE];~.SEVy~j~ DiSTRI(~ ' BARBARA B. BERRY, CHAIRMAN ,.." Prepared by: Thomas C. Palmer -]"~¢ Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 2400796 OR: 2484 PG: 3201 *** COPI]$ 1,00 I#YIROrHCl 4TH SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM II, PACT FEE KNOWALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY. FLORIDA. AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement wi{h the follow,rig: QUINCY A. FINGER AND JANlNE L. FINGER, HUSBAND AND WIFE 1383 BROOKSIDE DR NAPLES, FL 34104 Bearing the date of the SEPTEMBER 28, 1992, recorded in Official Record Book 1756 Page(s) 1586 THROUGH 1589, in the Office of the Clerk of the Circuit Court of Collier County. State of Florida, which Agreement imposes a lien on the subject real property The Lien secures the principal sum of ONE THOUSAND TWO HUNDRED SIXTY DOLLARS AND FIVE CENTS ($1,260~,05), plus accrued interest and penalties, if any. and imposes certain obligations against real property situated in Collier County, Florida. described as follows: LOT 29, BLOCK D, BROOKSIDE, UNIT 2 FOLIO NUNIBER: 24881160006 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District. a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF. the Board of County Commissioners of Coltier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien. by action of the Board this ,,.? ¥.z::~ day of "~ ¢~.,- , 1998. ATq-EST: DWIGHT E BROCK, CLERK BOARD OF COUNTY COMMISSIONERS :~.j'" COLLIER COUNTY FLORIDA, AS/l~; GOVERN NG BODY OF COLL Eff'¢':'"¢;:~ ,. COUNTY AND AS EX-OFFIC[(~ GOVERNING BOARD OF TIC6~COL!~ ER "'. C¢OU NTY WAT E RdS~ W~:~ '~l STI~ I(j f ' .' BARBARA B. BERRY, CHAIRMAN' tttest ~s to signature Prepared by: Thomas C~ Palmer "~ Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34'~12 (941 ) 774 -8400 *** 2400797 OR: 2484 PG: 3202 *** ~ICO~Oi~ J~ O~H¢IA~ U¢0~$ of CO~III ~OL'ITT, K COMIS 1.~0 CL,~I?O T,I H! SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY. FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICiO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a cedain Agreement with the following: JOHN D. FRANK;S, SR 3655 HIBISCUS ST NAPLES, FL 34104 Bearing the date of the JANUARY 7, 1992. recorded in Official Record Book 1677 Page(s) 278 THROUGH 281, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of TWO THOUSAND THREE HUNDRED SIXTY THREE DOLLARS AND EIGHTEEN CENTS ($2.363.18/. plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Cotlier County, Florida, described as ¢ollows: AN UNDIVIDED ONE-THIRD INTEREST IN LOT 11, BLOCK F, NAPLES VILLAS FOLIO NUMBER: 63503560000 Collier County, a pofitical subdivision of the State of Florida. and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist IN WITNESS WHEREOF. the Board of County Commissioners of Collier County. Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District. acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this e?_9~_~ay of ~'~ o.-t.,-.- , 1998, A%FEST: DWIGHT E. BROCK, CLERK Attest as to Cha)rman's signature on]3. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA"AS:THE'~;,.~. GOVERNING BODY OF COLLIER ;". COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATEP~EV~ DIST~R~I.C,T , BARBARA B. BERRY, CHAllRMAN Prepared by: Thomas C. Palmer ~-'~{~ Assistant County Attbrney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2400798 OR: 2484 PG: 3203 *** COPII~ SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: EMILIO GALAGARZA AND ZOILA GALAGARZA, HUSBAND AND WIFE 2464 DAVIS BLVD NAPLES, FL 34104 Bearing the date of the AUGUST 12, 1993, recorded in Official Record Book 1855 Page(s) 1928 THROUGH 1931, in lhe Office of the Clerk of the Circuit Coud of Collier County, State of Florida, which Agreement imposes a tien on the subject real property The Lien secures the principal sum of ONE THOUSAND NINE HUNDRED SIXTY DOLLARS ($1,960.00), plus accrued interest and penalties, if any, and imposes certain obligations against real properly situated in Collier County, Florida, described as follows: LOTS 19 AND 20, AVONDALE ESTATES FOLIO NUMBER: 22720640003 Collier County. a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in lhe Official Records of Co~lier County, Florida, to acknowledge that the Lien ceases to exist IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien. by action of ~he Board this.~CC~L day of '-~¢-!_~ , 1998 A'FTEST: DWIGHT E. BROCK, CLERK Attest as to Chairmjn'~ Signature only. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORiDA~ AS .THE' GOVERNING BODY OF COLI'IER/; COUNTY AND AS EX-OFFICIO,THE GOVERNING BOARD OF THE'COLLIER COUNTY WATE F~ EVV, EC;J DISTRI CT. BARBARA B. BERRY, CHAIRMAN Prepared by: Thomas C Palmer'-~¢ Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2400799 OR: 2484 PG: 3204 *** tl/25/~I:~03:ITf~DVlGH~i. Bl~I,¢Llll 1.00 c,,,,,0,,,,0,,, SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a cedain Agreement wi~h the following: MARIA L, GALAN, A SINGLE WOMAN 3415 OKEECHOBEE ST, NAPLES, FL 34112 Bearing the date of the SEPTEMBER 24, 1991, recorded in Official Record Book 1654 Page(s) 1031 THROUGH 1034, in lhe Office of the Clerk of the Circuit Court of Collier County, Stale of Florida, which Agreement imposes a lien on the subject real property The Lien secures the principal sum of ONE THOUSAND THREE HUNDRED FORTY DOLLARS (Sl,340 00), plus accrued interest and penalties, if any, and imposes cedain obligations agmnst real property situated in Collier County, Florida, described as to/lows: SOUTH TAMIAMI HEIGHTS, BLOCK D, LOT 9 FOLIO NUMBER: 744123600005 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision ot the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien The Clerk ot the Circuit Court is hereby directed to record this Satisfaction of Lien ~n the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist, IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by acdon of the Board this ¢~. day of "~ ~,-u_ , 1998. A~FFEST: DWIGHT E, BROCK, CLERK Attest a~ to Chairman's signature only. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, ASTHE, GOVERNING BODY OF COLLIER ,. COUNTY AND AS EX-OFFICIO THE . GOVERNING BOARD OF THE ~0LL'IER BARBARA B. BERRY, CHAIrMAN , Prepared by: Thomas C. Palmer ~"j¢ Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples. Florida 34112 (941) 774-8400 *** 2400800 OR: 2i84 PG: 3205 *** Re:e: c.. ,o,. ,OA,O 1 6 D 1 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOWALLMENBYTHESEPRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was lhe owner and holder of a certain Agreement with the following: HAROLDE GAY, ASINGLEMAN 5217 PERRY LANE NAPLES, FL 34113 Bearing the date of the NOVEMBER 16, 1992, recorded in Official Record Book 1771 Page(s) 1531 THROUGH 1534. in the Office of the Clerk of the Circuit Coud of Collier County. State of Florida. which Agreement imposes a tien on the subject real property. The Lien secures the principal sum of TWO THOUSAND SIX HUNDRED FOUR DOLLARS AND AND SIXTY CENTS ($2.604.60), plus accrued interest and penalties, if any. and imposes certain obligations against real property situated in Collier County Florida, described as follows LOT 18, BLOCK 8, NAPLES MANOR LAKES, A SUBDWIStON FOLIO NUMBER: 6225732005 Col;ier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien, The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist IN WITNESS WHEREOF. the Board of County Commissioners of Collier County, Florida. and as Ex-Officio the Governing Board of the Collier County Water-Sewer District. acting through its Chairman, directs execution and recording of this Satisfaction of Lien. by action of the Board this,=2, C, fgc day of "~ ~ . 1998. ATTEST: DWIGHT E. BROCK, CLERK Attest as to Ch4fr-~aa,$ signature BOARD OF COUNTY COMMISS]'~NERs COLLIER COUNTY, FLORIDA, AS*THE GOVERNING BODY OF COLLIER ' ,* COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATERA~CT BARBARA B. BERRY, CHAIRMA~m,,, Prepared by: Thomas C, Palmer "~[D Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2400801 OR: 2484 PG: 3206 *** II/25/H at 03:UPN OWZGHT J. BIO¢I, ¢LI1£ HC HI COHH IHHOHIC! If~ ~$OOR SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: WIFE LEANDRO NOEL GONZALEZ AND ARACELIS GONZALEZ, HUSBAND AND 192 3RD ST NAPLES, FL 34113 Bearing the date of the MAY 20, 1992, recorded in Official Record Book 1718 Page(s) 498 THROUGH 501, in the Office of the Clerk of the Circuit Court of Collier County. State of Florida, which Agreement imposes a lien on the subject real property, The Lien secures the principal sum of ONE THOUSAND FIVE HUNDRED DOLLARS AND THIRTY CENTS ($1,500.30), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Flodda. described as follows: LOTS 34 AND 35, BLOCK 3, TRAIL ACRES FOLIO NUMBER; 77212280007 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer Dislrict, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien, The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execu~?n and recording of this Satisfaction of Lien, by action of the Board this o~c/.,~day of -,/,/~-u---- , 1998, ATTEST: DWIGHTE BROCK, CLERK BOARD OF COUNTY COMMISSIoNER~" COLLIER COUNTY, FLORIDA¢'~,S IHE GOVERNING BODY OF COLLIER ': COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATE R-/~WF_./,~I~TRICT BARBARA B. BERRY, CHAIRMAN '~ ] II Prepared by: Thomas C. Paimer"'lOl~ Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34t12 (941) 774-8400 *** 2400802 OR: 2484 PG: 3207 *** COPII$ t.~] SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: ADRIAN GOODE AND SALLY GOODE. HUSBAND AND WIFE 4851 CATALINA DR NAPLES, FL 34112 Bearing the date of the FEBRUARY 18, 1992, recorded in O~cial Record Book 1688 Page(s) 483 THROUGH 486, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on Ihe subject real property, The Lien secures the pnnc~pal sum of ONE THOUSAND FIVE HUNDRED DOLLARS AND THIRTY CENTS ($1,500 30), plus accrued interest and penalties, if any, and imposes cedain obligations against real property situated in Collier County, Florida, described as follows: LOT 6, LESS THE WESTERLY 11 FEET, BLOCK 2, NAPLES SOUTH SUBDIVISION, UNIT #1, AS RECORDED IN PLAT BOOK 4, PAGES 89- 90, INCLUSIVE, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA FOLIO NUMBER: 63100480004 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this ~.dCZSCday of '--..~ ~z.t. _ ,1998, ATTEST: DWIGHT E. BROCK, CLERK Signature on~ ~ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA;'AS THE GOVERNING BODY OF COLLIER :':" ''~ COUNTY AND AS EX-OFFICIO THE ! .... GOVERNING BOARD OF THE COLLIEt~, BARBARA B, BERRY, CHAII~MAN' ' :' .. Prepared by: Thomas C. Palmer "7-'//~ Assistant County Attbrney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2400803 OR: 2484 PG: 3208 *** RBCO~OlO l~ O~BCIA~ UCORD~ of CO~II! COmFiT, I~ ll¢ ~11 i,O0 ¢OMIS I.O0 CURR,O TH, BOARD 1 60 1 INIBROUICI 4TH ~LOOR Il! 7240 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a cedain Agreement with the following: SYLVIA CHANDLER 8217 MARTIN NAPLES, FL 34112 Bearm~tJ:~'date'of the JULY 27, 1992, recorded in Official Record Book 1739 Page(s) 1113,"~n the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of ONE THOUSAND TWO HUNDRED FIFTY NINE DOLLARS AND SIXTY SIX CENTS ($1.259.66), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 22, BLOCK 3, NAPLES MANOR ADDITION FOLIO NUMBER: 62091600004 Collier County, a political subdivision of the State of Florida. and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien ~n the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist IN WITNESS WHEREOF, the Board of County Commissioners of ColIier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this ~ day of "7~ ¢-z.~. , 1998, AT%ES~:. ,'DWIGHT E'. BROCK, CLERK Attest as to Chairman's signature onlz. BOARD OF COUNTY COMMISS (~NERS . , COLLIER COUNTY FLORIDA: AS TIdE , '.. GOVERN NG BODY OF COUNTY AND AS GOVERNING BOARD OR~TH~F~,~OtLIER:4";r C~N~ WATE ~ew~ ~RI~CT;~ BARBARA B, BERRY, OHA R~AN Prepared by: ThomasC Palmer~'C/ Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 2400804 OR: 2484 PG: 3209 COMI$ LO0 l~?11OfH¢l I?~ ~LOOR 1 D 1 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a cedain Agreement with the following: CHERYL L HARTMAN, PERSONAL REPRESENTATIVE OF THE ESTATE OF MARK DOUGLAS DECEASED 3185 BARRETT AVE NAPLES FL 34112 Bearing the date of the JANUARY 5, 1995, recorded in Official Record Book 2019 Page(s) 2344 THROUGH 2348, in the Office of the Clerk of the Circuit Cour~ of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of ONE THOUSAND EIGHT HUNDRED FIFTY NINE DOLLARS AND SIXTY SEVEN CENTS (S1,859.67), plus accrued interest and penalties, if any and imposes certain obligations against real property situated in Collier County, Florida, described as follows: SEE ATTACHED EXHIBIT A FOLIO NUMBER: 00392640000 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Coud is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist IN WITNESS WHEREOF, the Board of County Commissioners of CoIlier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through ifs Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this o~ ~ day of '~ ~'~,~. , 1998, ATTEST: DWIGHT E. BROCK, CLERK ,.,. :,~( · /:,4~ ~,3',~';,' 4; ,-'--~,,~":'~'t. ~"~': --' Attest as to Chairman's &~gnature BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY FLORIDA,",~S,Tt~E ~,,~:. GOVERNING BODY OF COUNTY AND AS EX-OFF!CIO TH~.> GOVERNING BOARD OF THE COL~LIER COUNTY WAT E R;,g, EWF;rR~ D I STRI(~T'. BARBARA B, BERRY, CHAIRMAN .... EXHIBIT A *** OR: 2484 PG: 3210 *** i6£)1 Beginning at the Northwest Corner of the South 1/2 of the West 1/2 of the West 1/2 of the West 1/2 of the Northwest 1/4 of ectlon 13, S ' Township 50 South, Range 25 East; running thence at right angles from West line of said Section 13, East for 64 feet thence at right angles South 138 feet; thence West at [igOr'angles 64 feet; thence North at right angles 138 feet more or less to the point of beginning, Collier County, Florida, as described in that document recorded in OR Book 1100, Page 1646, of the Public Records of Collier County, Florida. FOLIO NU~IBER: 00392640000 Prepared by: Thomas C Palmer Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941 ) 774-8400 *** 2400805 OR: 2484 PG: 3211 *** DICODDIO In OFFIDIAL UCORD~ O[ COLLIll ¢CWI~, FL W1C I1! t,O0 COMBS 1.00 ~RK ?0 ~ BOARD IM?IROltlOI ~?W BLO0~ SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOWALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: BERT G. HAWKINS AND WANDA M. HAWKINS, HUSBAND AND WIFE 5370 SHOLTZ AT NAPLES, FL 34112 Bearing the date of the AUGUST 30, 1993, recorded in Official Record Book 1860 Page(s) 1095 THROUGH 1098, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of ONE THOUSAND FIVE HUNDRED DOLLARS AND SEVENTY FIVE CENTS ($1,500,75), plus accrued interest and penalties, if any, and imposes cedain obligations against real property situated in Collier County, Florida, described as follows: LOT 18, BLOCK 11, NAPLES MANOR ANNEX FOLIO NUMBER: 62157440001 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien, The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this ~q/'6~day of. ~ ,~.~. , 1998. AzlZFEsT: ,, DWIGH)- E. BR~)cK, CLERK Att~St"~S to Chalrman'~ Sfgnature on17' BOARD OF COUNTY COMMISSIONERSq~.i~ COLLIER COUNTY, FLORIDA, AS~?,~;,{; "! "". GOVERNING BODY OF COLLiEr'S?/ ;i'~'.,l'. COUNTY AND AS EX-OFFICIO:THE., GOVERNING BOARD OF TH~COL~¢¢;~ ~,' COUNTY WATE~SEW~ DJ~RI~T':,>~ ", f~ ~ ':, ...,' ,~ . :",?~ . ,¢' / BARBA~ B. BERRY, CHAPMAN: ,~,',,,~'., '" ' Prepared by ~ ThomasC Palmer I¢..¢) Assistanl County Attorney Office of County Attorney 3301 Easl Tamiami Trail Naples, Florida 34112 (941) 774-8400 2400806 OR: 2484 PG: 3212 1I/~5/~8 a~ 0]:117~ D~IG~T I. BROCD, C~DH COPII$ 2,00 7540 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a cedain Agreement with the following: BARBARA L LAMOUREUX. TRUSTEE 337 TIMBERWOOD CIRCLE NAPLES, FL 34105 Bearing the date of the DECEMBER 14, 1993, recorded in O~cial Record Book 1895 Page(s) 788 THROUGH 791, in the Office of the Clerk of the Circuit Coud of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of ONE THOUSAND FiVE HUNDRED DOLLARS AND SEVENTY FfVE CENTS ($1,500.75), pIus accrued interest and penalties, if any, and ~mposes cedain obligations against real property situated in Collier County, Florida, described as follows: SEE ATTACHED EXHIBIT A FOLIO NUMBER: 00258720006 Collier County a political subdivision of the State of Florida, and the Collier County Water-Sewer District. a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of Ihe Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer Dislrict, acting through its Chairman, directs execution and recording of this Satisfaction of Lien by action o1 the Board this ~./~X= day of. '~),'?- ___, 1998 ATTEST: DWIGHTE. BROCK CLERK BOARD OF COUNTY COMMISSIONERS i ' COLLIER COUNTY, FLORIDA, AS 'THE " · GOVERNING BODY OF COLLIER "; ': .... : , COUNTY AND AS EX-OFFICIO THE' !"," ' GOVERNING BOARD OF THE COLLIER' L~},"'' COUNTY WATEF~-~EW!L:h~ DISTI~IB']',.~,~'~ BARBARAB BERRY, CHAIRMAN 2484 PG: 3213 1 PART OF THE SOUTH tiALF OF lllE NORTIt HALF OF TIlE WEST IIALF OF IIi[ SOUTHWEST OUARIER OE SECTION ~3, IOWNSH'ZP q9 SOUTH, RANGE ~EAST, COLLIER COUNIY. FLORIDA, BEING MORE PANIICURLARIY D£SCRIBED IAS FOLLOWS: 'COMMENCING AT IHE SOUTIIWESI CORNER OF SAID SOUTII IIALF OF TIlE NORTH IIALF OF TIlE WEST tlALF OF TIlE SOUTNWEST OUARTER CE SECTION 13, SAID POINT BEING A POINI ON TIlE WESTERLY LINE OF A COLLIER COUNTY CAHAL RIDHT-OE-WAY~ THENCE SOUTH 89' 2~' ~" EAST ALONG Tile SOUIIIERLY LINE OF SAID SOUIH HALF OF THE HORIII HALF OF ltlE WEST IIALF OF TIlE SOUTttWEST DUARTER OF SECIION 1~, A DISTANCE OF ]OO.O5 FEET TO Ar] INTERSECTION WITH THE E'ASTERLY' LINE OF SAID CAHAL RIGHT-OF-WAY; THENCE CONTINUE SOUTH 89' 26' ~1" EAST ALONG SAID SOUTHERLY LINE A DISTANCE OF GHi.59 FEET~ THENCE LEAVING SAID SOUTHERLY LINE NORTR 1£i' 33' 29" EAST 205.3q FEET TO THE POINT OF BEGINNING OF PARCEL ~337 HEREIN BEING DESCRIBED; THENCE COHTINUE NORTH lq' ~' 29" EAST ~1,0~ FEET; THENCE NORTH 75' 26' ~1" WEST 51.25 FEETI THENCE SOUTH lq' $$' 29" ~EST31.0q FEETi THENCE SOUTH 75' 2G' 31" EAST '51,25 FEET TO THE POINT OF BEGINNING OF PARCEL $337 IIER£IN DESCRIBEDi CONTAINING 1591 SOUARE FEET OF LAIID MORE OF LESS; SUB3ECT TO EASEMENTS AND RESTRICTIONS OF RECORD. EXHIBIT A BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE NOVEMBER 24, 1998 1. MISCELLANEOUS iTEMS TO FILE FOR RECOILD WFFH ACTION AS DIRECTED: Clerk of Courts: Submitted for public record, pursuant to Florida Statutes. Chapter 136.06(I), the disbursements for the Board of County Commissioners for the period: A. November 2 - 6, 1998 3. Districts: South Florida Water Management District's The Big Cypress Basin Board Agenda of October 30, 1998 and Minutes of September §, 1998. South Florida Water Management District's Governing Board Meeting Agenda of November 12, 1998. Letter of October 26, 1998 from Charles L. Lester, Auditor General. State of Florida to Commissioner Barbara B. I3erry. Chair. along with a cop?' of Report No. 13311, An Operational Audit of the Soutl~ FIorida Water Management District. Minutes: Airport Authority Agenda of October 29, 1998 and N , ' ,hnutcso SeptemberoO. I998. Collier County Planning Commission Agenda of November 5. 1998 and Minutes of October 1, 1998. Environmental Advisory Board Agenda o1' November 4, 1998 and Nlinutes of October 7, 1998. Golden Gate Beautification Advisory Committee Minutes o[ October 13, 1998 and/\genda of November 10, 1998. Historical/Archeological Preservation Board Agenda ot' November 13, 1998 and Minutes of October 16, 1998. Library. Advisory Board Minutes of September 23, 1998 and Director's Report of September 15, 1998. Parks and Recreation Advisory Board Agenda of October 28~ of September 16, 1998 1998 {md Minutw AGENDA ITEM .o. /4, d / NOV 2q 1998 pg. / H. Pelican Bay MSTBU Advisory Committee Agenda of November 4, 1998 and Minutes of October 7, 1998. AGEND$~ J..T E M No. /~1 NOV 2 ~ 1998 Pg. ~ Date: 11/6/1998 To: Sue Filson Administrative Assistant/BCC From: Robert W. Bymc, CMA \ v~, General Operations ManageffC[erk's Finance Dcpalm~enI RE: Board of County Commissioners Disbursements Please find enclosed the disbursements for the Board of ('ounty Commissioners for the period November 2 through November 6, 1998, In accordance with Florida Statutes, Chapter 136.06( I ). ~,.c '.,~ould request that these reports be included as miscellaneous correspondence ti) Ibc Board of County ('omnlissioners anti made part of the record. If you have any questions regarding this matter, please telephouc me at 774-8481. Thank you for your cooperation. RWB Attachments BCC VENDOR MANUAL WARRANT LOG DATE NAME 11/2]98 State of Fla, Dept of HRS 11/3/98 Dwight E. Brock, Clerk 11/6/98 Doubletree Suites 11/6/98 Marco Chamber of Commerce AMOUNT 25.00 72.80 466.44 70,687.59 470809 470811 471193 471194 License Fee Child Support - Chain Conference - Martin Ads & Promotions ,-Sout-fl Florida Water Managemeri'f ~Disi~ict Big Cypress Badn · 6089 ;Irlcs l,:ul,' ' N~q~lcs, ["[. ~410,~ · (9,11) q97-1505 I";~x (9-11) 597-,1q87 · 5 m'~,n 721-792 } THE BIG CYPRESS BASIN BOARD OF THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT MEETING AGENDA 9:00 A.M. Friday, October 30, 1998 (:oilier Count3, Commission Chambers, Third Floor Collier County Government Center, Building F Naples, Florida CAI,I, TO ORDER This Meeting is Open to the Public. Hgncock Constantme Mac'K~o Berry 13 Pledge oF Allegiance C Approval of Mimttes of Big Cypress Basin Board Meeting of'September 8. 1998 AGENDA REVIEW Misc. C0rres: A B C ,Additions, Deletions. Substitutions to Agenda ,Approval ot'/\genda ,Abstentions Ilem~ NEW BUSINESS Copies lo: Considcramm oFGulfview Middle School Science Project Grealt Request Presentation an the Environmental Impact Statement £or Southwest Florida by the Corps of Engineers 3 Collier County Education Foundation 1998 Outstanding Partners in Education Presentation 4 Considcmation of' Authorization to Enter into a Contract x~qth Zcp Co strxction, lnc I'ot Construction of the Cocohatchee Canal Structure N~ 3, Comract No (58024 5 Consideration o£ Authorization to Enter mto a Contract with Gilbert Southern Corp. Cocohatchce Phase II[-B Excavation, Contract No 9022 Disuqo: Headquarter~ · 3301 Gun Club Road. P.O. Box 24680. \Vcs Pa m Be'ach. FL 3:H ] fl-4680 · (5(,1) 686-88f10, FL WATS 1-800-432-21M5 Big Cypress Basin Board Meeting Agenda October 30, 1998 Page 2 6 Brief O,:erview of Adopted FY 99 Big Cypress Basin Budget 7 Consideration of Approval of the Big Cypress Basin Metanie the Manatee Writing Contest OTHER BUSINESS 8 StaffReports A B C D E Disbursemenls Contract Account Report Financial Reports I tydrologic Report Staff Activity Report PUBLIC CO5'IMENT ,4t~),ot~e wi,rhut,~, to di.s'cuss mattet:s' of intere.¥l which are t~ot on the agenda .sJ~ould complete a .weaker card and .swhmit it lo Ire Btg (~pre,s'x Basin Repre.wntative prior to lhe.vtart t~ Puh/ic ('ommettt. At~y materia/.~Jr /]c~zrd cottvidercztiot~ must be,s~bmitted lo the /3ig, ( ~pt'e.x:~' ]Jarin Admim.vtratiott ()/rice at Ir'art 48 hour,v itt ad~nce (f .vcheduled meeting,. BOARD COMMENT ADJOURNMENT The next Big, Cypress B&;in Board meeting and retreat date is scheduled for Thursday, December 3, 1998 at the Mary Ellen ttawkins Building, 6089 Janes Lane, Naples, Florid& Please note that if a person decides to appe,-d any decision made by the Board with respect to any matter considered at the above cited meeting or heating, it w/Il be necessary to provide a record of the proceedings, and for such purpose, will need to ensure that a verbatim record of the proceedings is made by a certified court reporter Persons with disabilities who need assistance may contact Joyce Amaral, (94I) 597-1505, at least forty-eight (48) hours before the meeting to make appropriate arrangements If you are heating or speech impa/red, please contact the Big Cypress Basin by calling (561) 697-2574 Those persons who desire more information, or those wishing to submit written or physical evidence may contact Joyce Amaral, Big Cypress Basin, 6089 Janes Lane, Naples, Florida 34109, (941) 597-1505 SUBJECT TO BOARD APPROVAL MINUTES OF A REG[JI.AR MEETING OF Th'E BIG CYPP. ESS BASIN BOARD OF TIlE SOUTH FLORIDA WATER MANAGEMENT DISTRICT MARY ELLEN IfAWKINS BUILDING 6089 JANES LANE, NAP[.ES, FLORIDA September 8, 1998 The following Board Members were present: Claudia Davenport, Vice Chairman Ellin Goetz, Secretary Garrett Richter, Member Alan Korest. Member Fred N Thomas, Jr., Member Clarence S. Tears, Jr., Director, Big Cypress Basin CALl, TO ORDER The Big Cypress Basin Board meeting was called to order at 9:11 a.m. by Vice Chairman Davenport followed by the Invocation and Pledge of Allegiance to the Flag of the United States of America. Approval of Minutes On motion by Mr Thomas, seconded by Mr Richter, the Board approved the minutes for the June 26, t998 meeting On motion by Mr Richter, seconded by Ms Goetz, the Board approved the minutes for the July 31, 1998 meeting Additions, Deletions, Substitutions to the Agenda and Approval of Agenda On motion by Ms Goetz, seconded by Mr KoresL the Board changed the order of the agenda items Item one was postponed until later in the meeting when a new bulb could be ohtaincd for the slide projector Big Cypress Basra Board Minutes September g, 1908 Page 2 Abstentions There were no abstentions Cooperative Agreement with Collier County for Cocohatchee Canal Phase III-B Bridges, Replacement of Broken Back Road Bridge, Contract No. C-9039 Mr ]'ears said the Broken Back Road Bridge needs to be replaced to adequately convey design flows and provide the required level of flood protection. Collier County has agreed to construct the bridge, and the Basin will provide the County with $175,000 in construction fimds for this project Once the bridge is constructed, it will become the properly of Collier County On momm bv Mr Richter. seconded by Mr ]'honlas, Ihe 13oard authorized entering into a cooperative agreement with thc Collier County Board of County Commissioners for construction of a new bridge at Broken Back Road, crossing thc Cocohatchee Canal, in thc amount of $175.000 and authorized a budget transfer off 5I 75,000 from thc capital outlay account to the cooperative agreements account. 3. Resolution No. 98-8-2 Mr Tears recommended adopting structures SR 29 No. 6A and SR 29 No 6B and the related easements as "Works of the Basin." He said the Florida Department of ]'ransportation (FDOT) constructed the two water control structures in the State Road 29 Canal and dedicated an easement for these two structures to the Basin. On motion by Ms Goetz, seconded by Mr. Korest, the Board adopted Resolution No 98-8-2, Authorizing Big Cypress Basin to Accept Easements from FDOT and to Adopt as Works of the Basin Certain Water Control Structures Known as State Road 29 Canal Structure No 6A and State Road 29 Canal Structure No 6B in Collier County, Florida Adoption of Final Millage and Budget for FY 99, and Adoption of Resolution No. 98-8-3 Mr Tears said there were a few changes to the budget He proposed to shifft $993,578 from the Designated Capital Management Reserve to a line item for Managerial Reserve - Critical Restoration Projects Other changes include adjustments to Personal Services and corrections based on carryovers and revenue projections for FY 99. Mr 'rears also proposed placing a portion of investment income for FY 98 in the amount of Big Cypress Basin Board Minulcs September 8, 1998 Page 3 $568,682 in a Designated Capital Management Reserve account Ibr Southern Golden Gate Estates Restoration On motion by Ms Goctz, seconded by Mr Korest, the Board unanimously adopted the FY 99 final budget in the amount o£$10,217,126 and a millage of 0.278 mill, and adoption of Resolution No. 98-8-3, Recommendation to District Governing Board to Adopt Basin Budget and Request to Levy Ad Valorem ]''axes Within the Basin for Fiscal Year 1998-1999. as set forth in the statTreport. A copy of the adopted budget is attached as Exbihit A and made a pa~l o£ the Presentation on the Central and Southern Florida Project Comprehensive Review Study by Corps of Engineers Colonial Joe Miller, District Engineer £or tile Jacksonville District U. S Army Corps of Engineers, gave an overview on the Restudy The project will restore and preserve South Florida's natural ecosystems, while enhancing water supplies and maintaining flood control. The Board thanked Colonial Miller for his excellent presentation 5. Staff Reports A. Disbursements On motion by Mr. Thomas, seconded by Mr. Richter, the Board approved disbursements for May, June and July 1998. ADJOURNMENT The rneeting ,.vas adjourned. (Corporate Seal) Claudia Davenpo,x, Vice Chairman Ellin Goetz, Secretao' BIG CYPRESS BASIN FY 99 BUDGET AI)OP'I'[~I) St:'I'I'IiMBI!R 8. 1998 EXItlBIT A FUND 2{')3 BI(JC AGENCY HIGCYPI.{ESSHASINOPERAI'IONS ORt;ANIZ. ATION: 08tX) 13CB SI(RVI( H (;[(N'FER ANI) I. IEI.D SI A'II{)N OBJI[C'I 510l 51II 5210 5211 5220 5230 5240 5243 5245 5247 5249 5292 I't)FAI. I)ESCRIPTION Regular Salaries & Wages Overtime Retlrt.~ment Contributi,n (FRS) Suppk.m~ental Rctircmacm (1)cferrcd Comp) FICA 'Faxes Medical Insurance I)cnlal Insurance Vision Insurance Accidental Death & D~smcrnbcm~¢nt Ins l.ong Term Disability lnsur*mcc 15112 Insurance }irnploycc Cash Awards Personal Services 5306 5322 5333 53~4 5340 5345 5346 5346 5350 5353 5354 5359 5372 5382 5386 Professional Fccs(CCNA) ~ Construction t'rojecLs (1nspcctmns-A~rpo~l Rd N{nlh Amd Gate & Goldm Gate ~2 OO~cr Con,actual ~i~s (mJ~ ~lor draglin~cr~c certification $2,~) Comput~ Soflw~e Li~.~ S~i~s (Soflw~c. up~ades, re, la,monks) Maim & Repair Sen'i~-O&er Equipmmt Maint & Repair Sew-BuildmggGrounds Advemsing Expcn~Sc~'iccs Photo~aphic Se~i~s Mappin~Sm'cying Sm'i~s-ROW Map/Sur Sc~-Goldcm Gate Ae~al Sm' Dues & Mcm~b~ship &~ices [rainin~Conference Registratmn I ravel-Dist Busincss(Non-Trainin~ConO Professional [!xpefl Wit I:eeWCou~ Reporter Sc~x'iccs Emplo)~cnl Agency Sc~'ices [cased }!mployccs (Admtn suppoN) ~98 flmds in 5319-O~cr Contract Svcs) 806.888 13.393 135.013 3.(~9 62.784 91.203 5.862 1.003 294 2.288 3,139 500 1.126.036 5,000 5.500 1.297 14.420 600 5(IO 200.000 1.0OO 9.625 6.200 3OO 500 1.200 30.654 Page 1 of 6 III BIG CYPRESS BASIN FY 99 BUDGET ADOPTED SEPTEMBER 8, 1998 FUND 203 BIGC AGENCY BIG CYPRESS BASIN OPERATIONS ORGAN]ZA I'ION 0800 BCB SERVICE CENTER AND FIELD STATION OBJECt[ CODE 5390 5391 5392 5394 5~')5 5396 5~97 5398 5402 5403 5404 5406 5407 5408 5410 5411 5412 5413 5414 5415 5416 5417 5419 5420 5421 5422 5423 5424 5425 5426 5427 5501 5503 5590 5801 DESCRIPTION Janitorial Services Sccuntv Sccviccs (Firc Alarm) Wa.sic Disposal Scr,.'lces Freight C ommunication.~rFeicphonc Service GasolineiDicsel Fucl Oil/Lubrican ts/Solven Es Chemicals Maps & Blucpnnt.s [-looks & Reference Materials Subscriptions & Newspapers Parts. Supplies & Ex~-Agricultural Parts. Supplies & Expense -FIeet Parts, Supplies & Expense-Bldg/Cn'ounds Parts, Supplies & Expense-Computer Parks. Supplies & Exp-Electrlcal/Electronic Parts. Supplies & Expense-Other Equip Parts. Supplies & Expense-Laboratory Pan_,;. Supplies & Expmkse-Photographic Parts, Supplies & Expense-Office Culvert Pipe/Concrete Product.4 Fencing Materials [,umber & Wood Products Metal Products Small Tools, Equipment & Gauges Tires & Tubes Uniforms/SafetyShoes/Protect Equ p Purch Small Too]s, Equip & Gauges-Computer Rent/I.ease-Office/Bldg (temp ofc space at Immokalee Inn in major storm event) Rcndl.case - Equipment Other Misc Charges(Env. 'Ed. Programs) Coop Water Resource Proj-Everglades City Water Con.serv Plan (C-8707) Carryover Page 2 of 6 6,000 8~ 2,500 2,5~ 1,500 16,000 4,5~) 8.5~ 21,000 5,0OO 250,000 4,6~ 4~ 5~ 2,000 14.000 10,000 3,000 18,000 5~ 5~ 3.5~ 3,6~ 2,000 2,0~ 7,0~ 8.000 2,~0 3.000 1.120 50O 20.000 51,000 88.500 * BIG CYPRESS BASIN FY 99 BUDGET Al)OPTED SEPTEMItI~R 8. 1{t98 FUND: 203 BIGC AGI'.'NCY BIG CYIqiESS HASIN OPERAIIONS ~/RGANIZAIION O8OO[tCHSHRVICECENT}iRANDt:115I,I)SIAIIIiN OBJI!C'I CODE 5Xll 5821 6101 ] ( )'I'AI. I)ESCRIPTION C~x)p Walcr Resource Proj-Collier Ct/,' Water Quality Monitonng(C-9704) Interagency Expend-Stale of Fl. (con~act amendment - C-3133-A7) Inlcragcncy Expenditures-Federal (Extension of USI)A-NRCS Agreen~cmt data colkmtioa SGGE C-8702-A2) Interagency l~xpcnditures- Fedc'ral (USGS-I,ake Tr~Tord monlloring program C-I0752) Self Insurance Fund Charges Operating Expenses 565O 5651 5652 5654 TOTAL Automotive I:~qmp (Track $39.200 Amc, crane $14 [~3aLs (John l~at wi~ ~ailcr) Comput~ }t~dw~e (up~ ~d r~la~cmu) F~it~e & Equipm~l (2-way r~io r~l~ $ I 1.2~; f~r~f file cabin~ $ I. I ~: ~gine-g~ator $56.8701 folding ch~irs $5~): r~rding cqmpmcnt $5.~L vehicle lift weld~ $ 1.2~)) CaDtal Outlay TOTAl. Cypress Basra Operations * Carryover 45.(XX) 35 40.000 40.O(X) 71,278 1,202,194 53,700 6.5(¥) 21,813 78.870 160,883 2.489, Pnge 3 of 6 BIG CYPRESS BASIN FY 99 BUDGET ADOPTED SEPTEMBER 8, 1998 FUND II}l l)IWf AG[:'NCY BIG CYPRESS BASIN OPERATIONS ORGANIZATION 0g00 BCB SERVICE CENTER AND FIFJ.D STATION OBJEC] CODE I)ESCRIPTION 53.42 Ct in fer ence s.,q~ xhibiLs/F air s d(nvironthon $500: Science Fair I;250) 58(~1 Imcragcnc? Expenditures - l.ocal G,);' (;'.atcr resources school field studies) 58I I Interagcncy Expcnditm-es-State ODEP) Icontract amendment - (.'-3133-A7) · 5811 Intcragcnc) Expcnditurcs-Statc (I)EI') Icontract amendment - C-3 ] 33-A6) TOTAl. Operating Expenditures TOTAL B,g Cypress Ba.,~in 0pex~iions "' Casryover 75O 35.000 35,000 74,750 74,750 FUND: 202 OKEF. AGENCY BI(; CYPRESS BASIN OPERATIONS ORGAN1ZA II()N 0grid BCB SERVICE CENTF, R AND I:IEI.D STATI()N OBJECT CODE DESCRIPTION 51 II Overtime 5210 Retirement Contribution 522(I Fl(iA Taxes ~'O'1 Al. Pcrs~)na] Services I 0,000 1.645 765 12~410 T( )'IAI. [Sig Cyprcss Basin Opcrations 12,410 Page 4 of 6 BIG CYPRESS BASIN FY 99 BUDGET FUND 0720 Electronic Supporl & Data Acquisihon (materials for insXallation of 4 ~ge md 2 rainfall sites) I 120 Sm'~'ing & Eng Rc~mrccs Div (Pc~mal [ 150 Ri~t-of-Wa~ I)w~smn ([~cr~mal I 170 }~ng]nccmng & Prolcmt M~agm~t Div (Pct,>hal S~dccs) 1180 Crms~ctJon Division 0~mnal S~i~ S25,279: Professional F~s - Mat~als Tcsltn~Geot~M~ng Svc $24.~) 2020 I're~s~ M~agem~t Division (Trax Collector Fees. County Apprai~ Banking Fees) 5 ) 20 M~u Field Station (Jla.sm Supl~n) 9900 M~agcrtal R~[~'c - Crx)pcral~vc Water Rc~s ProjccCs 99(X) Crx~p~nfrm~ct~c Re~c - CR 951 9~ C(~p~nfr~s~ct~c Rc~'c - GG~I 9~ Conttngcmcy Re~c TOTAl. 20,265 45.743 20.814 156.263 92.828 127.809 12,410 350.OOO 465.524 256.500 65.OO0 1.613.156 Page 5 of 6 BIG CYPRESS BASIN FY 99 BUDGET ADOPTED SEPTEMBER 8, 1998 FUND 403CAPB ORGN 1130 1130 1170 11'70 I t 70 i 17o Il71) 1170 1170 DESCRIPTION Real I£stalc 1)Wision fl;md Ea.~mcnInl BClg CREW I,and Acqtnsition & As~<ial~ Cost~ C~<ohatch~ Sumeys (C-9~2) (',<ohatch~ Ph~< III-B (Excavation) C~<ohalch~ S~cl~e No ( ulvc~ Ru~la~mcnls - C~ohatchcc Ph:~ ill Bridges ~ uck~ l,~c S~clurc ( ~ohalch~ Ph~ IV fExcavalion) (',~hatchcc Pha~ IV Nutty { ~halchee Ph IV Cross SecDon U~ohalch~ Ph~ IV Bridge t Icnd~n Creek S~c M~ifica~on M~agc~al R~c-Cfitical R~oration FUND 403 IOTAI. REPOR1 TOIAI, CARRYOVER AND INVESTMENT INCOME F. STIMATED Al') VALOREM FUNDS NEED MII.I.AGI~ 85,0(~ I20,433 4,561 19,825 925,000 750.000 8O9.300 250,000 1.720.000 75.00O 25,0OO 2OO,OOO 993,578 6,027,697 10,2171126 4,485,621 5,731,505 0278 Page 6 of 6 th orida Water Management IM ric B~ard of County Co,missioners ( 2/~'/~ /, ~ thc/~u/~/h' /\ C; I-; :N 1 ),4 Mac '~.le __Iff / Berr~ -- ~ GOVERNING BOARD WORKSHOP/MEETING Thursday, November 12, 1998 9:00 A.M. B-1 Auditorium 3301 Gun Club Road West Palm Beach, FL 33406 This workshop/meeting is open to the public. Call TO ORDER Note: Any item which appears on the Regular Meeting Agenda of Friday, November 13, 1998 may be an item for discussion on this meeting agenda All or par of this meeting may be conducted as a teleconference in order to permit maximum pa,fficipation of Governing Board Members. In the event of emergency conditions due to imminent Trocical Storm or Hurricane. this meeting may be conducted by teleconference in order to take action on items listed on the Fdday, October 13 meeting agenda, including regulatory and non-regulatory items Board questions for staff about any items on Friday's Regular Meeting Agenda or today's Regulatory Consent Agenda. 8.5 Square Mile Area: Final consideration of the 6 alternatives developed by PEER Consultants and selection of one alternative by the Board for implementation. Alan Hall, Director, Ecosystem Restoration Department (1.5 hrs. P/1.5 hrs. D) Susan Olson, Project Manager, Mod-Waters Project Update on Talisman Property (45 min. P/15 min. D) VCflliam F Malone, Director, Construction & Land Management Department Approve the purchase of land interests containing 800 acres, more or less, in Palm Beach County, Everglades Agricultural Area. (15 min. P/15 min. D) William F. Malone, Director, Construction and Land Management Department ~,! i?,. C0rres: Governing Board Workshop November 12, 1998 Page Update on the Funding Strategies Contract Entitled: (10 min. P/10 min. D) "Summary of Tasks 1-2; Input on Tasks 3, 4 and 5" Jane Bucca, Sr. Economist, Policy, Economics and Business Division, Planning Department REGULATORY CONSENT AGENDA - 2:00 PM Note: The Board may not wish to discuss these items individually and may approve them as a group. Anyone wishing to speak on one of these issues should complete a green speaker card (for Regulatory Consent Agenda) and submit it to the District Representative in the lobby prior to consideration of the Regulatory Consent Agenda. This will permit the Chairman to pull such items for individual discussion later on the agenda. GOVERNING BOARD REGULATORY CONSENT AGENDA APPROVAL B. C. D. Additions, Deletions, Substitutions Abstentions Pull Regulatory Consent Agenda items for discussion Motion to Approve Regulatory Consent Agenda items, except for items pulled for discussion Consideration of Consent Agenda for Governing Board approval which includes Construction and Land Management items: Right of Way Occupancy Permit Applications Right of Way Occupancy Permit Modifications Consideration of Consent Agenda for Governing Board approval which includes Regulatory items: Water Use Permit Applications Surface Water Management Permit Applications (includes Conservation Easements) Environmental Resource Permit Applications (includes Conservation Easements) Consent Agreements Interagency Agreements End of Regulatory Consent Agenda Items Governing Board Workshop November 12. 1998 Page #3 REGULATORY DISCUSSION AGENDA ITEMS WATER USEJENVIRONMENTAL RESOURCE PERMITS Consideration of a request by JCB Golf Ventures, Inc. for the issuance of Water Use and Environmental Resource Permits for Golf Digest, Palm Beach County (staff recommendation is for approval). Ken Ammon, Deputy D/rector, Regulation Department PUBLIC COMMENT CLOSED DOOR SESSION AGENDA No backup for the following three items is included in this GB package: OFFICE OF COUNSEL Attorney-Client Session pursuant to Fla. Stat. Section 286.011(8)(1993) to discuss settlement negotiations or strategy related to litigation expenditures in Barley, Mullins, Wermeil, Reed, et. al. v. South Florida Water Manaqement District. 10. Attorney-Client Session pursuant to Fla. Stat. Section 286.011(8)(1993) to discuss settlement negotiations or strategy related to litigation expenditures in IT Corporation v. South Florida Water Manaqement District. 11. Attorney-Client Session pursuant to Fla. Stat. Section 286.011(8)(1993) to discuss settlement negotiations or strategy related to litigation expenditures in Basore of Florida, Inc. v. South Florida Water Manaqement District, Palm Beach Circuit Court Case No. CL 94-2334 AE, Fourth District Court of Appeals Case No. 97-3941. END CLOSED DOOR SESSION AGENDA ADJOURNMENT GOVERNING BOARD MEETING Friday, November 13, 1998 8:30 A.M. B-1 Auditorium 3301 Gun Club Road West Palm Beach, FL 33406 This meeting is open to the public. Note; Any item, which appears on the Workshop/Meeting Agenda of Thursday, November 12, 1998, may be an item for discussion or ach'on on this Meeting Agenda. Ail or par~ of this meeting may be conducted as a teleconference in order to permit maximum participation of Governing Board Members. CALL TO ORDER A. Inspiration: Andy Edwards B. Pledge of Allegiance to the Flag of the United States of America C. Presentations: · 25 Years Service Awards Presentation: Leland Brady, Specialist Scada Systems Technician, Operations & Maintenance Department Morris Rosen, Staff Environmental Scientist, Lower East Coast Planning, Planning Department · 35 Years Service Awards Presentation: Ralph Obannon, Survey Associate, Survey and Engineering Resources, Construction & Land Management Department · Ms. Miriam Singer, Chairwoman of the Human Resources Committee will recognize October's Employee of the Month: Victor Powell, Chief Consulting Engineer, Everglades Construction Project · Ms. Miriam Singer, Governing Board Member, will recognize the Spanish Publications Review Committee for their contributions in overseeing the District publications translated into Spanish. D. Approval of the Minutes of the Governing Board Workshop of October 14, 1998 and the Governing Board Regular Meeting of October 15, 1998. GOVERNING BOARD BUSINESS CONSENT AGENDA REVIEW Additions, Deletions, Substitutions Abstentions Confirm the Business Consent Agenda items pulled for discussion at Thursday Workshop. (Business Consent Agenda Items Begin on Page 6) C-;-;-;-;-;-K~eming Boar¢ Meeting November 13. 1998 Page 2 GOVERNING BOARD MEETING SCHEDULE 2. 3. 4. Consider Schedule for Upcoming Meetings. Consider Tentative Agenda for December Workshop. Accept the Audit Committee Report including Recommended Actions. Accept the Human Resources Committee Report including Recommended Actions. PUBLIC HEARING at 9:00 A.M. 'OPEN THE PUBLIC HEARING* CONSTRUCTION AND LAND MANAGEMENT DEPARTMENT 1999 Save Our Rivers Land Acquisition and Management Plan Project Boundary Revisions Fred Davis, Director, Land Stewardship Division, Construction & Land Management Department Approve the purchase of land interests containing 951.46 acres, more or less, in Martin County, Atlantic Ridge Ecosystem Project, and authorize a Resolution to the Board of Trustees of the Internal Improvement Trust Fund requesting reimbursement for one-half of this acquisition and associated costs, and authorize a Resolution to the Department of Environmental Protection requesting reimbursement for one-half of this acquisition and associated costs. VVi#iam F. Malone, Director, Construction and Land Management Department Approve the purchase of land interests containing 8.43 acres, more or less, in Miami-Dade County, 8.5 Square Mite Project, and authorize a Resolution to the Department of Environmental Protection requesting reimbursement for this acquisition and associated costs. VV'/lliam F. Malone, D/rector, Construction and Land Management Department Approve the purchase of land interests containing 99.48 acres, more or less, in St. Lucie County, North Fork St. Lucie River Project in partnership with St. Lucie County, and authorize a Resolution to the Department of Environmental Protection requesting reimbursement for this acquisition and associated costs and authorize a Resolution to the Board of Trustees of the Internal Improvement Trust Fund requesting reimbursement of this acquisition and associated costs. Chuck R. Rinaldi, Deputy Department Director-Land, Construction & Land Management Department Governing Board Mee[ing November 13. 1998 Page 3 Approve both First and Second amendments to the Acquisition Agreement with the Board of Trustees of the Internal Improvement Trust Fund for the join purchases of lands within the Okaloacoochee Slough CARL, Save Our Rivers Project, using District land acquisition procedures. Chuck R. Rinaldi, Deputy Department Director-Land, Construction & Land Management Department 10. Approve the purchase of land interests containing 12,747 acres, more or less, in Hendry and Collier Counties, Okaloacoochee Slough Project on behalf of the Florida Game and Freshwater Fish Commission and the Department of Forestry, approve 53 acres, more or less, surplus for exchange, and authorize Resolutions to the Trustees of the Internal Trust Fund requesting reimbursement for this acquisition and associated costs. Chuck R. Rinaldi, Deputy Department Director-Land, Construction & Land Management Department 11. Approve the purchase of land interests containing 14.32 ac~es, more or less, in Miami-Dade County, Model Lands and Southern Glades Projects, and authorize a Resolution to the Department of Environmental Protection requesting reimbursement for these acquisitions and associated cosLs. Chuck R. Rinaldi, Deputy Department Director-Land, Construct/on & Land Management Department 12. Approve the purchase of land interests containing 881.57 acres, more or less, in Miami-Dade County, L-31N Transition Lands Project, and authorize a Resolution to the Department of Environmental Protection requesting reimbursement for this acquisition and associated costs. Blair Little John, Division Director, Real Estate Division, Construction & Land Managemen! Department 13. Approve the purchase of land interests containing 115 acres, more or less, in Lee Counb/, CREW Project, and authorize a Resolution to the Board of Trustees of the Internal Improvement Trust Fund requesting reimbursement for this acquisition and associated costs. Blair LitfleJohn, Division Director, Real Estate Division, Construction & Land Management Department 14. Consider acquisition of SOR lands. *CLOSE THE PUBLIC HEARING* End of Public Hearing Governing Board Meeting November 13. 1998 Page 4 MORNING DISCUSSION AGENDA BUSINESS DISCUSSION AGENDA ITEMS REPORT FROM THE ADVISORY COMMITTEES 15. Environmental Advisory Committee's Position on "Development Rights". Dr. Fren Stallings, Chairman, Environmental Advisory Committee 16. OMBUDSMAN'S REPORT Richard E. Williams, District Ombudsman CONSTRUCTION AND LAND MANAGEMENT DEPARTMENT 17. A. Authorize entering into a contract with Hague Inc., in the amount of 1.7 million dollars for the purchase of property located at 2301 McGregor Blvd. to house the Fort Myers Service Center. Authorize the borrowing in an amount not to exceed 1.7 million dollars for the acquisition of the building property located at 2301 McGregor Blvd., consistent with terms and conditions of the line of credit with Nations Bank, NA. William F. Malone, Director, Construction & Land Management Department 18. B-50 Replacement Update Albert Basulto, Deputy Director-Construction, Construction & Land Management Department ECOSYSTEM RESTORATION DEPARTMENT 19. Everglades Construction Project Update Joseph A. Schweigart, Director, Everglades Construction Project Dr. Jennifer Jorge, Deputy Director, Everglades Construction Project U.S. Environmental Protection Agency Representative 20. Accept an easement from the Florida Department of Environmental Protection acting on behalf of the Board of Trustees of the Internal Improvement Trust Fund, located in western Palm Beach County, containing 4.35 acres, more or less, to support the diversion of stormwater runoff on CIoster Farms from Lake Okeechobee to Stormwater Treatment Area 2, Everglades Construction Project, and authorize staff to issue a license to CIoster Farms to use the easement pursuant to the Contract C-E003 between the District and Closter Farms, and the Everglades Forever Act. James J. Kunard, P.E., Design Manager, Everglades Construction Project C21. Authorize entering into a work order contract with CH2M Hill SE, Inc., for the managed wetlands supplemental technology project to examine the ability of managed wetlands to reduce phosphorus loads and concentrations in water, in the not-to-exceed amount of $1,560,000 of which $695,636 is budgeted in FY99 and the remainder is subject to Governing Board approval of the FY00 ($400,000) and FY01 ($464,364) budgets. (Contract Number C- E9634) Dr. Susan Grey, Sr. Supe~ising Environmental Scientist, Ecologically Engineered System Research Division, Ecosystem Restore#on Department October 1, 1998 within the PUD, subject to two conditions: That one, that it shall be no closer than two miles to the nearest activity center, and that it's also no closer to another PUD's commercial. Staff's analysis indicates that it's in excess of two miles to the Sabal Bay PUD activity center and also two miles from an activity center. The 10-acre commercial tract located on the -- along U.S. 41 is consistent with the Future Land Use Element policy 5.1 and 5.2, which is currently in compliance with the industrial under criteria provisions. That may be amended, so long as the intensity use is not increased. The Naples R & D Park allowed for 64 acres of industrial type uses. Those are being eliminated in this request. Therefore, staff deems the proposed changes to be not an increase in intensity of the use. However, the development of the commercial tract shall not be permitted until such time as the EAR based amendments to the Future Land Use Element of the Growth Management Plan is ratified and this language has been incorporated into the PUD document. The traffic generation review indicates that the project will generate about 8,743 trips. This is about 3,000 less trips per day, based on what the two existing PUDs could generate; therefore, there's no traffic impacts based on this request. This request also exceeds the open space requirement of the open space element of the Future Land Use Element. The comparison of existing and combined land uses, as noted in the staff report, basically the commercial uses, there's a reduction of -- or there is an increase of 29 dwelling units over the currently approved development. There's nine additional holes of golf and -- plus 10,000 square feet of resort/village commercial. The hotel/motel remains about the same, 'while there's a reduction of 64 acres of industrial commercial uses. The PUD document -- staff did receive some calls concerning construction access into the PUD. As you can see, Southwest Boulevard extends down into the project area. The PUD master plan indicates this area was a golf course. So there probably won't be any construction traffic in there. But staff is recommending that language be placed in the PUD document to prohibit the possibility of construction traffic using that road to build either the resort/village area here or any other part of the development. I'd be happy to answer any questions. CHAIRM3uN BRUET: Have you discussed that issue with the developer? MR. BELLOWS: Yeah, COFfMISSIONER PEDONE: COMI~ISSIONER PRIDDY: by -- if we approve this, I discussed it with Mr. Arnold. Mr. Chairman? Mr. Bellows, if I understand you correctly, we would in effect be eliminating 1,850 future dwelling units in the county? The possibility of 1,8507 Going from the possibility of three dwelling units per acre down to .5? ~R. BELLOWS: Yes. In that sense, yes. COMMISSIONER DAVIS: Mr. Bellows, the -- I recall when this was Page 23 October 1, 1998 (Ail speakers were duly sworn.} COM~ISSIONER PRIDDY: Mr. Chairman, I need to disclose that I had a phone conversation with a one Mr. Wayne Arnold in reference to this petition. COM}4ISSIONER URBANIK: I also. COMMISSIONER DAVIS: Me, too. COM/~ISSIONER BUDD: Likewise. CHAIR~J~N BRUET: I also had minor discussions. COM~4ISSIONER PEDONE: I didn't call him back. COM}~ISSIONER OATES: I didn't either. CO~MISSIONER ~P~AGE: They never called me to start with. CHAIRMAN BRUET: Fine. Go ahead, Ray. MR. BELLOWS: For the record, Ray Bellows, current planning staff. Petitioner Bruce Rankin, representing the Lely Development Corporation, they're requesting to amend the Lely Lakes PUD and the Naples R & D Park PUD to combine them into one unified PUD with the unified master plan. As you can see, the subject site is locased on the East Trail opposite Naples Manor. The PUD master plan is such that it combines the boundaries of the -- or incorporates the boundaries of the previous Naples R & D Park within the Lely Lakes PUD. The intent is to create a unified development between the two to create a -- what's called a village resort type of community -- resort/village type community located centrally within the PUD boundaries. This will contain residential units and some PUD neighborhood type commercial uses to sez-ve those residential communities. The new PUD will allow 749 single-family and multi-family dwelling units at a density of .5 units per acre. The resort/vil!sge tract is located south of the golf course space tract. The golf course areas will comprise approximately 73 acres -- or 762 acres and a conservation area of 73 acres. The surrounding uses, as you can see on the larger map here, to the east is RSF-4, single-family, RSF-3 and RMF-6 tract in here, Trail Acres down here. To the north is the Sabal Bay or Collier DRI PUD. And the C-4 commercial along Tamiami Trail and Naples Manor across the way. The previous Naples R & D Park boundary is right in here. It's now part of the new PUD. The future land use element indicates that the subject sites in ~he urban coastal fringe; therefore, the maximum density permitted in this area is four units per acre. It's also within the traffic congestion boundary, so the density is reduced by one dwelling unit for a maximum of three. The proposed density of .5 units per acre is consistent with that. The 10,000 square feet of independent commercial uses within the resort/village district is also consistent with the Growth Management Plan and the future land use element. For PUDs that are greater than 300 acres in size, or more than 1,000 dwelling units, they're allowed to have PUD commercial zoning Page 22 October 1, 1998 development. We can make it comply with today's code, except for the width of the landscaping. COMMISSIONER PRIDDY: And that was my question, that we weren't in effect -- CHAIRMAN BRUET: Going too far? COMMISSIONER PRIDDY: -- going too far and making him tear up the parking lot in order to squeeze this in. But if MR. BADAMTCHIAN: We do it like landscape to the extent possible or to the extent -- COMMISSIONER DAVIS: Well, I don't know, before everybody was saying they could bring it up to today's code. CHAIRN3kN BRUET: No, I -- yeah, I think we need to define it as today's code. I'm familiar with this site. It's not a disaster, but it just does need some updating, Russell. It's COMMISSIONER PRIDDY: I just wanted to make sure -- CHAIR/4A/q BRUET: Yes. COM}4ISSIONER PRIDDY: -- we weren't going too far the other way. CHAIP24A/q BRUET: It was a good point. MR. SMITH: Excuse me, Dean Smith again. CHAIRNJkN BRUET: Sorry, the pet -- I'm sorry, the public hearing is closed. MR. SMITH: Okay, I'm sorry. COMMISSIONER DAVIS: Well, if there's PLR. SMITH: I'm representing the -- COMMISSIONER DAVIS: Maybe I could -- I'll ask him the question. Can you bring it up to today's code? That's my motion. MR. SMITH: Well, except for the width of the buffer, yes. I was referring to bringing it up to code in terms of the amount of plant materials, because the actual width of the buffer requirement was different at the time that it was constructed. COMMISSIONER DAVIS: Okay. Okay, I'll amend my motion to, as you pointed out, Chahram, as is often the case with existing properties, as is feasible. And maybe where the -- that buffer a~ea is narrower, you could increase the opacity. COMMISSIONER BUDD: Or height. COMMISSIONER DAVIS: Or height. You know, for the benefit of the surrounding neighborhood. CHAIRMAN BRUET: Russell? COMMISSIONER BUDD: Second amends. CHAIRMAN BRUET: There is a motion to approve and seconded by Russell. Any further discussion? If not, all in favor? Opposed? (No response.) CHAIRMAN BRUET: Passes unanimously. Moving forward to petition nuraber PUD-98-3. And -- yes, just a second. Being a public hearing, all those wishing to speak to this issue, please stand, raise your right hand and repeat after the court reporter. Page 21 October 1, 1998 CHAIP/WJkN BRUET: Have you been sworn in, ma'am? MS. DZINGLESKI: No. CHAIRMAN BRUET: Okay, please raise your right hand and repeat after the court reporter. (Jacque Dzingelski was duly sworn.) THE REPORTER: If you would give me your name and spell your last name, and come up to the microphone, please. MS. DZINGLESKI: Jacque J-A-C-Q-U-E. D-Z-I-N-G-L-E-S-K-I. We've already hired -- I'm the manager for Victoria Lakes. We've already hired the carport company. They're the same people who built the other existing carports in the area, so they're going to be identical. CHAIRMAN BRUET: MS. DZINGLESKI: for the landscaping, and hiring one. CHAIR/iAN BRUET: landscaping in place Okay. We've already hired -- we've already gotten bids so we're just in the process of narrowing it down Our motion will probably be that you get the first, get it accepted by Development Services, and then move forward. MS. DZINGLESKI: That's fine. CHAIRM3uN BRUET: Anyone else care to speak to the issue? If not, I close the public hearing. COM}4ISSIONER DAVIS: Mr. Chairman, I'd like to make a motion that CHAIRPU~N BRUET: A second motion. COM~4ISSIONER DAVIS Yes. COM~4ISSIONER: -- we forward -- COPRMISSIONER OATES: Getting the hang of this thing, huh? COMMISSIONER DAVIS: -- Petition V-98-18 to I guess it's the BZA as amended by the new site plan that was presented to us by the petitioner's representative, with a nine -- September 30th revision date for reference, with the understanding that prior to the construction of these carports, which will match the existing ones at the project next door, that all landscaping will be brought up to current code. And I'd emphasize current code, not the code that was necessarily in place when this was constructed, but today's today code. COMMISSIONER BUDD: Second. CHAIRMAN BRUET: There is a motion to approve -- COMMISSIONER PRIDDY: Yeah, I just have -- ask one question there. And I'm 100 percent in agreement with what you're saying. Bringing it up to current code, is that going to create -- I mean, can they in fact do that, or do we need -- MR. BADAMTCHIAN: Yes, they can. COMMISSIONER PRIDDY: They can, okay. MR. BADA_MTCHIAN: The landscaping they have is in some areas five foot wide. That's hard to make it 10 foot wide, because of the parking spaces. The width-wise, we are going to have some problem; otherwise, shrubs already exist. And there are some areas that shrub missing (sic), and there are maybe 10 or 15 trees missing in the Page 20 October 1, 1998 MR. BADA~MTCHIAN: They verbally agreed to do that, correct. CHAIR/V=AN BRUET: Amd we could make a stipulation that the landscaping be in place prior to? MIR. BADAMTCHIAN: Prior to issuance of the building requirement for carports. CHAIRiWJuN BRUET: Up to current landscape codes? M~. BADA~MTCHIAN: Correct. CHAIRI~AN BRUET: And we will have no covered parking on Airport Road. So in a sense it would be all interior -- M~. BA]DAMTCHIAN: Adjacent to interior roads. CHAIR/4A/q BRUET: -- exlDosures. MR. BADA24TCHIAN: Correct. CO~L~ISSIONER PRIDDY: I think we can take care of the buffering. CHAIRM_AN BRUET: Yes, if we get the landscaping in place first, get it accepted by proper people, and move forward. Any other questions of the petitioner? COM/4ISSIONER TRAGESSER: Yes, Mr. Chair, I have a question. Are these carports proposed to be similar in design and character to the existing condo buildings, or are they going to be those -- which s5yle are they going to be? You can go a tot of different ways with these, and some of them are more pleasing to the eye than others. MIR. SMITH: Right. I have not seen the design on the carports. I'm assuming that they'll be very similar to the ones in Victoria Shores, which is actually sort of part of the same project. And they probably will be consistent with those. They are more of the corrugated metal roof type of system, and I'm assu/ning that they'll be similar, but I don't know that for a fact. CHAIR~ BRUET: Are there LDC requirements for carports? MiR. NINO: No, there aren't. CHAIP_MA/q BRUET: Okay. MR. NINO: But I think Commissioner Tragesser is -- CHAIR/~A/q BRUET: Could we say that they be -- Mfg. NINO: You're talking about panned roof versus something like a V roof -- CO~iMISSIONER TRAGESSER: Right. PiR. NINO: -- with the wood on it? COMMISSIONER TRAGESSER: Right. CHAIR/W~A/q BRUET: Could we also add that they be equal to or at least be equal to those that are already in place? Unless they're offensive also. MR. BA/~AMTCHIAN: Well, if they will be, quote, those already in place, those already in place were -- CbLAIRt~AN BRUET: Excuse me? P~R. BADAMTCHIAN: -- the cheapest quality carports for aluminum poles and corrugated metal on the roof. CHAIR_M3%N BRUET: It's about as good as they get. Okay, if there's anyone that cares to speak to this issue from the public, please step forward. MS. DZINGLESKI: But I haven't filled out a paper. COMMISSIONER OATES: She hasn't been sworn in. Page 19 October 1, 1998 our request and not re.c[uest the deviation along Airport Road. And I've prepared a plan that shows the actual locations that they would prefer to have the covered parking in that I'd like to -- CHAIRMAN BRUET: I would think that would be very helpful, if it's different than what we have. MR. SMITH: I'll pass them down. The revised plan that you have before you actually is one -- one space per unit. It's the preferred location by the association. And as you can see, there are no covered parking spaces adjacent to Airport Road on that plan. And they have limited the nuunber along the other two roadways as well, Nottingham having the most. But I think the concern about Airport Road is resolved by that. And that would be the plan that we would submit for approval by staff. As far as the landscaping goes, the manager for the association has verbally to me indicated that they are willing to bring the landscaping in those areas up to the current code. The project was built quite a long time ago. The landscaping codes were different at that time. And there -- they have expressed a willingness to bring the landscaping up to code in the areas where the covered parking will be located. CHAIRMAN BRUET: Have they relayed that to staff? That would have been -- I'm sure that would have been -- Mit. BAJDAMTCHIAN: Well, I had a phone call from the property manager saying that they are willing to upgrade the landscaping. That's what I have in the agreement sheet, this resolution, saying that should you approve this, they should upgrade the landscaping. COMLMISSIONER PRIDDY: Chahram, how does this change that's submitted by him -- we're eliminating the Airport Road. It appears that the covered parking next to Nottingham, Nottingham being basically an interior -- CHAIRMAN BRUET: Yes. COPfMISSIONER PRIDDY: -- roadway? MR. BADAMTCHIAN: This helps. Actually, you know, the letters I have received, two of them, they are talking about the Airport Road carports and lack of landscaping. However, it's still a variance, and there's no really hardship here. I know Florida sun is hot. That's the only hardship I can think of. However, as I said two years ago, the northern portion of the same development was granted a similar variance for carports. CHAIRMAN BRUET: The -- Chahram, the west side of Berkshire Street are all single-family homes? MR. BADAMTCHIAN: CHAIRMAN BRUET: MR. BADAMTCHIAN: CHAIRM3%N BRUET: MR. BADAMTCHIAN: requesting additional they just wanted landscaping to offer those carports. COMMISSIONER OATES: I think the developers -- or agreed to do that, correct? They're all single-family -- And you didn't hear anything from them? I had -- I assume you notified each one? Yes. I had a few phone calls and they were all landscaping. Didn't object to the carports, the manager has Page 18 October i, 1998 required 30-foot front yard to i0 feet along Airport Road and a 23-foot variance from the required 30 feet front yard setback to seven along Berkshire Street and Nottingham Drive, for carports. This is an existing condominium built in the Eighties, I believe, and now they are planning to add some carports. The northern portion of this development, which is located on Airport Road, is called Victoria Shores. They already have carports and a variance was approved in 1995 for those carports. The staff reviewed this petition and recommends denial. For one thing, they are requesting a 10 -- 20-foot variance from Airport Road, and I believe that's excessive. And they do not really need a variance on Airport Road. Those parking spaces are guest parking spaces and do not require carports. And furthermore, they do not comply with the requirements of Land Development Code. Therefore, staff's recommending denial. Staff has also received two letters of opposition: Two from association of single-family owners association, in the back, and one from a person living in the condominium itself. Excuse me, objections to your recommendation for CHAIRMAN BRUET: denial? MR. BADAMTCHIAN: CHAIRMAN BRUET: MR. BADAMTCHIAN: CHAIRMAN BRUET: MR. BADAMTCHIAN: No, objections -- Objections to -- -- this request. Okay, very good. And the -- one of them is also talking about the carports on Airport Road. And they're also talking about landscaping, which is in bad shape. And over the years some trees were dead and shrubs were removed and never replaced. And the letter in opposition coming from the condominium resident states that they had the vote and 29 out of 66 unit owners voted for this condominium, and he doesn't feel like he has to pay this much money for a carport that he has no need for it. If you have any questions. CHAIRMAN BRUET: Any questions of staff? Could we hear from the petitioner, please? COMMISSIONER TRAGESSER: Mr. Chair, I have one question for staff, and it probably could be answered by either. Does this change the footprint of the parking lot? MI~. BADAMTCHIAN: No, it does not change the footprint. COMMISSIONER TRAGESSER: Thank you. MR. SMITH: Good morning. For the record, my name is Dean Smith with Grady Minor and Associates, and I'm representing the Victoria Lakes Condominium Association. And I think that I can address some of the concerns that Chahram has brought up, the letters of opposition. The plan that was submitted with our request showed covered parking around the perimeter of the project to allow the association maximum flexibility in locating their covered parking. The intention wasn't to request more than one covered parking space per unit. And they don't actually have plans to cover any of the parking spaces along Airport Road, so we can resolve that concern by not -- changing Page 17 October 1, 1998 the bridge. It is much -- it's too close to the door, in a sense. It has to be farther out. It didn't matter how high it was. We had a flag pole out there and people didn't even see the flag until you got to the bridge, no matter -- and that flag pole had to be 30 feet high. There -- the mangroves are significant, much more than they were many years ago. CHAIRMAN BRUET: Any further questions? MR. NINO: Mr. Chairman, the fact that we could administratively approve five feet does not necessarily mean you can't grant a variance that would be -- that would deal with that issue and authorize a five-foot setback. CHAIRMAN BRUET: Thank you. Does anyone in the public care to speak to this issue? If not, I'll declare the public hearing closed. I'd like to add, I think this is just the perfect example of what a variance is for. We have mangroves blocking the view, the elevation of the property is below the road. I don't think it's setting a precedent of any kind, and I'm certainly going to support the -- a favorable motion. COMHISSIONER OATES: Mr. Chairman, I would move we submit Petition SV-98-2 to the board of zoning appeals with a recommendation of approval. COMMISSIONER BUDD: Second. COMMISSIONER WRAGE: I'll second that. CHAIRMAN BRUET: There was a motion to approve and seconded to move SV-98-2 to the BZA for approval. All those in favor? Opposed? (No response.) CHAIRMAN BRUET: Motion carries unanimously. MR. CARDILLO: Thank you very much. CHAIRMAN BRUET: I think they become an exhibit. MR. CARDILLO: Can I make -- I'll make copies. CHAIRMAN BRUET: Staff will work something with you. MR. CARDILLO: Okay, thank you very much. CHAIRPLAN BRUET: But they basically become an exhibit. MR. CARDILLO: What I'd like to do is give you the copies for the exhibit. Because this was actually an appraisal that I would rather you not have. I'll give you all those things. Thank you. CHAIRMAN BRUET: Moving forward, Petition V-98-18. Being -- once again, being a public hearing, all those wishing to speak to this issue, please stand, raise your right hand and repeat after the court reporter. (All speakers were duly sworn.) CHAIRMAN BRUET: Thank you. Once again, Chahram? MR. BADAMTCHIAN: Chahram Badamtchian from planning services staff. Mr. Dean Smith of Grady Minor and Associates, representing Victoria Lakes Condominium, is requesting a 20-foot variance from the Page 16 October 1, 1998 variances, because here we have a bridge with guardrait, we have mangroves, we have a creek. I mean, this is a special case. I don't think approving this is going to force us to approve other variances in the future. COMMISSIONER PRIDDY: Mr. Chairman? CHAIRMAN BRUET: Yes. COMMISSIONER PRIDDY: If we deny this, do they still have the ability to utilize that five-foot administrative variance? M~. BADAMTCHIAN: Yes. Mlq. CARDILLO: May I comment on that one -- this is about the precedent. CHAIRMAN BRUET: Sure. MIR. CARDILLO: Our property is below the bridge. It's not equal to the road. It's probably the only property along the trail that is probably five to seven feet below the road level, and then comes up again. That -- where our sign is. So it is -- it is unique to everything else out on the trail. Everything else is flat level to the -- thank you, George. I used to sit there and he would throw barbs. But I appreciate that. So it is unique in its position below the road level. And that's why -- that's one of the reasons for the hardship. CHAIRF~AN BRUET: Again, the building's been there for 25 years, so it was pre all of the flood elevation requirements -- MR. CARDILLO: Yeah. CHAIR243~N BRUET: -- that exist today. MR. CARDILLO: Actually, it's been there longer. We took an old motel, a four-unit motel and house, built by Doc Johnson, who still lives way in the back there, and we converted it 25 years ago. I think that building's been there for 40 years, and we just made it better looking, at that time, anyway. And he -- and he rides by there with pride, I have to tell you that. He loves that, what we've done to his home and considers us our -- his family lawyer. CHAIRMAN BRUET: Any further questions of the petitioner or staff? COSIMISSIONER URBANIK: I have a question. Is the present sign at the maximum size allowable under the present conditions? MR. CARDILLO: I don't know. COM~ISSIONER URBANIK: The existing sign. MR. CARDILLO: I don't know that answer. F~R. BA~DAMTCHIAN: I may be able to answer that. No, the present sign is, like, less than eight feet high. Today we allow 20 foot high signs. And it's probably 60 or 50 square feet and we allow 100 square feet. Now, they could have a 20-foot high sign with 100 square feet of copy area. COMMISSIONER URBANIK: MR. BADAMTCHIAN: Yes. COMMISSIONER URBANIK: problem? MR. CARDILLO: In the area that you're in right now? And that you find still would be a We've actually tested it. We tested coming across Page 15 October 1, 1998 CHAIPJ4AN BRUET: it gets a little scary when we talk about zero setbacks now as opposed to t5, but -- I'm sorry, go ahead. MR. CARDILLO: We -- yeah, I'm sorry. We have approached them. And they have -- there's a difference between trimming and removing. CHAIP~ BRUET: Yes. MR. CARDILLO: A~nd the level of trinuning has gotten higher and higher over the last 24 years. This sign was put there 24 or 25 years ago. It hasn't moved. And you still have 35 feet of lawn between the proposed area of sign and the bridge. CHAIP~ BRUET: Any other questions of the petitioner? COM/~ISSIONER WR3%GE: Yes, just a question of compromise. If perhaps we were to recommend a variance with -- maybe we can't even do this, to recommend a variance with the fact that when it's six-laned that it be brought in compliance with the LDC at that time? MR. CARDILLO: I think that's going on,right now. The six-laning of that bridge is going on right now. They re doing something to it, and they're not bringing it any closer to our building other than the new -- I would agree with that, because I don't think that would affect the distance between our sign and that bridge. Because the actual six-laning is going on the inside of the bridge. Now, they just added the seven-foot walkway right-of-way. That's the only modification towards our building. So I don't think it would have that much effect. CO~/~ISSIONER WP~AGE: Can you answer that, Chahra3n? MR. BAD~4TCHI;uN: I believe it's been six-laned to Airport Road, and from there on, they're adding bike paths and sidewalks, to my knowledge. It's a state project. I'm not that familiar with it. But I don't believe it's six lanes right now. COP[MISSIONER PRIDDY: If they're adding sidewalks to the outside, that means any future development of roadway is going to be towards the median. CHAIRMAN BRUET: Amd that's typically what they do. MR. BADAMTCHIAN: They have a wide median there. COP94ISSIONER WRAGE: i'm not familiar with the site. MR. BADAMTCHIAN: I should add that a few years ago we approved an administrative variance for the same sign, reducing the setback from 15 to five feet. So if they are asking to go to zero, that's why we are here; otherwise, we could have approved -- or we have already approved the variance to go five feet from the property line. COM/4ISSIONER PRIDDY: But the sign was never moved. That variance was never -- the administrative variance was never utilized? MR. BADA24TCHIAlq: Correct, they never used it. They -- C}{AIR~ BRUET: Any further questions? Staff? CO~ISSIONER TRAGESSER: I have one for staff. Given the petitioner's concern for visibility and the hardship that the vegetation that he can't do anything about or can't do to any degree is an issue for him, how wide would that open the door for similar situations existing in the county? P[R. BADAMTCHIA~N: Each variance is a special case. I don't believe approving this variance is going to have much bearing on new Page 14 October 1, 1998 again. Because if you look at our office, now you have to go down past All Flowers, make a right, make a right, make a right and come back in. We are the only business establish~nent right now being totally blocked off from access from Tamiami Trail directly. We're the only business establishment on Tamiami Trail that is totally blocked off from access. So it's hard to visualize it today. But when it is opened up again, that sign will still be on our driveway side, our grass side of our own driveway. And there is a 30-foot right-of-way that that we have lawned and we have mowed for the last 24 years. That Osceola Road, we're not even -- we're not asking to use it. We maintain it. And that's on the other side of the bushes on the other side of our driveway. And that can't possibly be a traffic hazard. So there is no traffic hazard whatsoever. The other thing is ~hat the t~vpe of -- the sign has to be elevated. Nobody can see the sign, period, but it has to be moved because people are looking for our office, they're coming in at a faster rate of speed than they used to. If you see the sign sooner, more prominently, you're going to slow down earlier as you get across that bridge to make the right on Osceola. So in all possible ways that sign is a benefit to both the public and of course to us, who wants a bigger visibility. The sign itself is attractive. I don't think that's a problem. It is less intrusive than any of the other signs along the highway. And unless there's some magical method of removing mangroves that I'm unaware of -- and I have tried every single method -- that the mangroves are still a predominant blocking of any visibility of the sign. So I am requesting a variance to move this sign to our property line; still going to be 35 feet away from an elevated bridge abutment, nobody could possibly be affected by that sign. We're asking it to be moved five feet closer to the edge of our driveway, still on our law-n, still away from the usage of Osceola by a good 30 feet, and still on the lawn side of the driveway. It is a beautiful sign. It gives us some visibility, particularly from the others coming from the east or from the south on the other side. But as a safety factor, going south from the west, or south from downtown. I cannot think of any other items to present to you at this time other than it makes common sense to allow us to have a sign that is less intrusive than other signs that have been permitted along here, particularly across the street and, I guess it's the Courthouse Shadows, both with the main sign for the Courthouse Shadows, which is closer, and certainly for the Hunan sign, which is half the distance away from the trail. Thank you. Are there any questions of me? CHAIRMAN BRUET: I would have one. The Florida Department of Environmental Protection does issue permits to trim mangroves. It is a constant problem, and it's probably not a solution, but if it could be considered in this, that would be helpful. MR. CARDILLO: We -- Page 13 October 1, !998 or close to 25 years now, and in the course of the 25 years, the conditions -- I certainly have been a student of the conditions in the area. The pictures I've presented to you give you some kind of glimpse of what the actual layout of the property is. And back in 1975, when we did open our office and built ~ur sign, there was nobody out here, so people just -- there was no traffic problem and there were no mangroves up that waterway and you could go fishing there. As a matter of fact, we used to fish off %he bridge when clients weren't coming in the office. If -- during that period of time, East Naples or South Naples has quadrupled in population, the speed limits have increased, and the mangroves, through their protection, have certainly multiplied. Now the only time you get to see our office and the sign is when you're just about halfway across that bridge going 45 to 60 miles an hour. So the first thing is, it's a safety factor. But that's not the key, because we're not promoting that. But that does challenge the one negative that they -- that the staff recommended against, and that is that it was a possible safety factor. If you look at the property, and I -- you'll see its unique position, it sits below the bridge and away from the bridge in a corner. The sign is, let's say, 15 feet from wherever the property line is, and then there's another 50 feet between the property line and the bridge, all maintained by us. We lawned it, we sprinkled it, nobody's ever used that property. And if anybody's ever been dow~ there in the last few months -- I doubt if anybody wants to go down that way in the last few months -- but it looks like the bridge over the River Quay, because it's totally taken apart, so you can't even go that way. If you want to get -- to see a picture of what it would have been like, or would be like, according to our proposal and was like years ago. So now you're over to the north side of the highway. But what you see is that the moving of that sign to the property line has no impact on any traffic or safety factor whatsoever, unless one contemplates someone hurdling off the bridge. The bridge itself is only being moved seven feet, and that's for the new, recently, since our petition, inclusion of a bicycle pedestrian area. For me to go to the courthouse, I've always had to walk across the highway, if I want to walk, and walk along the Wal-Mart area. Now we can get to the Chinese restaurant along the bridge with safety if we want to when they build that. But that's only seven feet. I checked the signs along the highway over here. Now, the sign for the Hunan Restaurant is 20 feet from the highway. We're talking about 35 to 40 feet, and no possible access by an automobile. Now, that's when we're talking about moving the bridge -- moving the sign closer to the bridge. The other aspect is moving the sign five feet closer to Osceola, which is not the -- if I had to say, that's not the most important part of our proposal, but it's still on our lawn. It's still on the lawn side of our driveway. There's no possible way that that is a safety hazard coming out of Osceola, if we ever get to use Osceola Page 12 October 1, 1998 {No response.} CHAIRFJ~N BRUET: Motion carries eight to two (sic). CO~[MISSIONER OATES: No, it can't be eight to two. CHAIRMAN BRUET: No, it's zero, I said. COMMISSIONER OATES: Oh, eight to zero? COMMISSIONER PRIDDY: Nine. COP[MISSIONER OATES: Nine. There's nine of us. CHAIRMA/q BRUET: We have nine. Still nine. It was nine before and it's still there. CO~94ISSIONER WR~GE: We need to get our chairman a calculator. CHAIRMAN BRUET: I know. That's what I need. COM/~ISSIONER OATES: Are you missing a finger or something? COMMISSIONER PEDONE: Just overwhelmed with -- CHAIRY~AN BRUET: Yes, I am overwhelmed. The next item on the agenda, SV-98-2. Being a public hearing, all those wishing to speak, please stand, raise your right hand. (All speakers were duly sworn.) COMMISSIONER DAVIS: Mr. Chairman? CHAI~ BRUET: Yes. COM}4ISSIONER DAVIS: I need to recuse myself from this petition. My company that I'm employed by has a bid pending that if this signed variance is approved, there would be a financial benefit from. CHAIRMAN BRUET: Okay. Thank you, Mr. Davis. Chahram? MIR. B~LDAMTCHIAN: Good morning, commissioners, Chahram Badamtchian. Mr. Cardillo, representing Cardillo, Keith and Bonaquist is requesting a 15-foot variance from the required setback of 15 feet established for signs to 0 feet along Tamiami Trail East and a five-foot variance from the required setback of 15, again, established for signs to 10 along Osceola Avenue for a pole sign. This property is located at 3550 East Tamiami Trail, across the street from the courthouse, and there is a creek and a bridge right before the building, and there are mangroves which are hiding the sign. And the petitioner is requesting this variance so they can have their sign closer to the road so it would be visible to southbound traffic on Tamiami Trail East. Staff reviewed this petition, and staff recommends denial because they -- staff believes that in the future they may be widening up U.S. 41, and right now there's a 55-foot right-of-way between the edge of the pavement and the property line, and that may be reduced in the future and the sign may be too close to the road. Therefore, staff recommendation is for denial of this petition. MiR. CARDILLO: Mr. Chairman, may I -- I have pictures. There should be enough to go around. I'll refer to this ancient picture, just for the purposes of visual. Mr. Chair, my name is John Cardillo and I represent the petitioner, which includes myself. And I thank the commission for having the opportunity to talk to you today. I've owned -- I have been an owner of this property for 25 years, Page 11 MR. BADAMTCHIAN: MR. SHETTLEWOOD: CHAIRMAN BRUET: forward, okay? MR. SHETTLEWOOD: CHAIR/~AN BRUET: October 1, 1998 from the ex~ert a little bit about the rationale of why sidewalks and interconnections with bike paths and things like that, and then from that maybe we could make an LDC amendment recommendation to the board. Maybe we could do that our first meeting in November, if they're available. CHAIRMAN BRUET: Excellent point. Could you schedule that? MR. NINO: I'd be happy to do that. I'll schedule that person for a meeting during your near future~ CHAIRMAN BRUET: Thank you. We still have this issue to address prior to the next meeting. Is there anyone in the public who cares to speak to this issue? If not, the public hearing is closed. Yes, come ahead. CO~MISSIONER OATES: He's not sworn. CHAIP~MAN BRUET: Did you stand and were you sworn in, sir? M~. SHETTLEWOOD: No. CHAIrmAN BRUET: Would you just -- please do that. Raise your right hand and repeat after the court reporter. (The witness was duly sworn.) CHAIRMAN BRUET: Come forward. THE REPORTER: May I have your name, please? MR. SHETTLEWOOD: Roy Shettlewood. THE REPORTER: Would you spell your last name? MR. SHETTLEWOOD: S-H-E-T-T-L-E-W-O-O-D. And I am from Miami. Yeah. I would like to find out when this establishment is going to start, like the golf course, the units, if they're going to be in the same area -- COM}4ISSIONER OATES: We don't have any -- CHAIRPL%N BRUET: We will have to have the petitioner give you an estimate of when the work is going to begin. And could you do that please? MS. RYAN: There is no golf course in this project. CHAIR/~AN BRUET: I'm sorry, I didn't hear him say golf course. MiR. SHETTLEWOOD: Yeah, on the letter there, it say golf course going in there on 749 units. CO~MISSIONER TRAGESSER: On a different petition. COMMISSIONER OATES: It's a different petition. It's a different petition, not this one. Oh. Wrong one. Yeah. We'll tell you when that petition comes Yes, sir. The public hearing is closed. Board? COM~ISSIONER PRIDDY: Mr. Chairman, I move that we recommend for approval petition PSP-98-9, following staff's recommendation. COMMISSIONER OATES: Following staff recommendation. Second. MIR. BADAMTCHIAN: Sidewalk on both side of the road, you mean? CHAIRPL~N BRUET: There is a motion and a second. All those in favor? Opposed? Page 10 October 1, 1998 lot 43, I it. ~4R. BADAMTCHI~4: They are actually planning to make believe, a playground area. COM~ISSIONER W-RAGE: One up at the point, lot 74? MS. RYAN: Yes, lot 74 is the correct lot. COMMISSIONER WR_AGE: Frankly, I can support, you know, staff's recommendation. I can also support it without the sidewalk. I understand the money issue. COMMISSIONER PRIDDY: Yeah, well, I have in the past on projects here in Naples certainly supported the one sidewalk issue where we were not dealing with, you know, a main road or a main thoroughfare through the project. So I could certainly live with the one sidewalk in this project. CHAIRMAN BRUET: All right. MR. NINO: Mr. Chairman, may I address the board? CHAIKMA~N BRUET: Certainly. ~R. NINO: With respect to that issue, I think we need to place it in some perspective. The county board amended the code some while ago that requires sidewalks on both sides, and that came out of the bicycle planning organization, primarily. And I think you'll agree with me that everyone who comes before you almost unilaterally asks for the elimination of sidewalks on one side. And traditionally you have granted it. It seems to me that you need to -- you ought to be looking at the implications of that decision. If that's how you really feel about it, then I would think you would recommend that the LDC be amended to limit -- to require sidewalks on one side only, unless there are some extenuating circumstances, such as Habitat For Humanity, who builds an affordable house for -- who serve a very important public purpose. Or in the absence, if you're not sure about that, might I suggest that we -- that you invite the bicycle bath coordinator to one of your meetings and tell you why they feel so strongly about it that they managed to convince the board to amend the LDC to do that, other than simply deal with each and every person on an individual basis. May I receive some direction in that regard? CHAIRMAN BRUET: We appreciate your comments. And I think we really do kind of weigh each one on its own merits. And I think this is -- this is a case. But I can appreciate your position on wanting some direction here. Maybe it is an opportunity to take a second look at the LDC, because every developer that has come in here has asked for relief from this requirement. I can't solve the problem right now other than going through this vote. But -- COMMISSIONER DAVIS: Mr. Chairman? CHAIRMAN BRUET: Yes, sir. COMMISSIONER DAVIS: How about if we take Mr. -- I think Mr. Nino's suggestion is a good one. Before we recommend to the Board of County Commissioners to change the land development code, let's hear Page 9 October 1, 1998 Almost all of our buyers -- if this were under HUD, which it is not, but almost all of our buyers would fall within the very iow income classification of HUD and, therefore, the cost is an important item. And this is a cost item. COI~MISSIONER OATES: How much of it going to add to? MR. SORENSON: I don't know the top of my head. the cost per front foot is I understand. that I have the answer to that, off COMMISSIONER OATES: Well, it seems as though if you're asking for a variance from the code that you ought to know what it's going to cost. MS. RYAN: If I remember correctly, the sidewalk runs about $10 a linear foot. COMMISSIONER OATES: And you have how many -- the lots are 70 feet wide? So you're talking about $700 a unit? MS. RYAN: Oh, per unit? MR. SORENSON: The lots are 66 feet wide, actually, and -- COMMISSIONER OATES: If it's $t0 a lineal foot, it would be $660. CHAIRMAN BRUET: Per lot. COMMISSIONER OATES: Per lot. CHAIRMAN BRUET: But they would have to put them in for the entire community. COMMISSIONER OATES: CHAIRMAN BRUET: That would be times the number of lots -- 600 times the number of lots. MR. SORENSON: Times the 85 lots. MS. RYAN: Right. COt4MISSIONER OATES: But you're going to recover the cost of the sidewalks back from the people that purchased them, aren't you? MR. SORENSON: Yes. We'll hopefully recover all of our cost back from the people that purchase them. We don't mark the product up. There's not a profit -- COMMISSIONER OATES: I understand. MR. SORENSON: -- involved on it. But yes, we have to recover all of the costs from, you know, pricing the product. COMMISSIONER W'RAGE: Based on the interior lots, it's about -- looks to me like about 25, $26,000. That's what the cost is. COMMISSIONER OATES: If it's $10 -- COMMISSIONER DAVIS: I'd be interested in hearing from Mr. Wrage and Mr. Priddy that know the Immokalee area far better than us, the perceived need for sidewalks on both sides of the street. It is a Habitat community -- or Habitat project, after all. COMMISSIONER W-RAGE: Well, two things. One, there is a money issue. And I appreciate Ed, and I've been out to that site. But I also live in a community made up of older folks that only has sidewalks on one side. And by and large, what I see in my community, they don't even cross the street. I don't know about -- kids play on the sidewalk. I would love to see another sidewalk here. The other thing, and I believe it's lot 74, Ed is committed to turning that into some type of a park rather than building a house on Page 8 October 1, 1998 You may recall seeing this petition six weeks ago as a rezone. This is to obtain a preliminary subdivision plat approval to subdivide 39.9 acres of property zoned village residential into 85 single-family lots in the Immokalee area owned by Habitat for Humanity of Collier County. They rezoned this land, as I said, six weeks ago, and now they are proposing to subdivide and build 85 homes -- actually, 84 homes. One of the lots is intended for playground area. They fully comply with all the requirements of the Land Development Code. The only exception is they are requesting sidewalk on one side of the road as opposed to two sides. The code requires sidewalks on both sides, unless waived by the Planning Commission. Sewer line is -- sewer is available. The sewer line is right at the property line. Water line is a few hundred feet back and will be extended to this property. Staff recommends approval of this preliminary subdivision plat subject to staff stipulations. CHAIP_MAN BRUET: Any further questions of staff? COP[MISSIONER TP~AGESSER: I just had one, and it deals with the elevation, and the relationship between the surface of the lake and the lots themselves. ?~at is the variation there? MR. BADAMTCHIAN: Maybe Laura can help you with that. MS. RYAN: Good morning. My name is Laura Ryan, I'm an engineer with Wilkerson and Associates, and I'm representing Habitat For Humanity. The project will be designed to the South Florida Water Management District criteria, although the project will not go to the South Florida Water Management District because it falls under their threshold for review. The county will be reviewing it but it will still be designed to that standard. And we have -- we are in the process of doing the calculations, and we will meet all the minimum requirements which require the roadways to be set at the minimum 25-year three-day storm event. And the elevation of the finished floors to be at the hundred year three-day storm event. COM}4ISSIONER TRAGESSER: Floor elevation, hundred year? MS. RYAN: Yes. COMMISSIONER TRAGESSER: Thank you. MS. RYAN: Any other questions? CHAIRMAN BRUET: Any further questions? COM}4ISSIONER WI{AGE: What's the reason for eliminating the other sidewalk? MS. RYAN: Basically financial. It's -- it's a small project. We've put the sidewalk around the outside of the loop. There's a loop road that goes around the entire project. There will only be one road crossing where the sidewalk has to cross the main entry road. Everything else is up to code. But it does save them a little bit of money to put the sidewalk on just one side of the road. MR. SORENSON: Could I address that issue? My name is Ed Sorenson, I'm president of Habitat. And to respond to that issue, most of our -- it is a financial issue. Page 7 October 1, 1998 over the minimum. And that's fully loaded. Now, it's going to be unusual to have a tower fully loaded, so I think what you'd find here, that even with -- if we had three or four cellular or paging companies in here, that the tower should be able to easily withstand 150 mile an hour winds. Adjacent buildings, unless they're new, were probably designed around the older standards, which would be about 90 mile an hour. So I think if a category III or IV hurricane came in here, with all the junkyards in here and the outdoor storage, those things are going to be flying before the tower comes down. So if you had a category IV storm, you might lose a tower, but there's not going to be anything on the ground left for the tower to fall on except rubble, really. CHAIRMAN BRUET: Any other questions of ,the petitioner? If not, any of those from the public who would like to speak to this issue, you may come forward. If there are none, I call the public hearing closed. COM}{ISSIONER DAVIS: Mr. Chairman, I'd like this opportunity to make a first motion in two years. I think I still remember how to do it. CHAIRMAN BRUET: Certainly move forward, please. COM}4ISSIONER DAVIS: I'll make a motion that we forward petition V-98-8 to the board of zoning appeals with a recommendation of approval. CHAIRNAN BRUET: There is a recommendation of approval -- CO~MISSIONER BUDD: Second. CHAIRMAN BRUET: Excuse me. There is a recommendation for approval and seconded by Mr. Budd. Ail those in favor? COP[MISSIONER PRIDDY: Aye. COM}4ISSIONER BUDD: Aye. COMMISSIONER PEDONE: Aye. COMMISSIONER WRAGE: Aye. COMMISSIONER DAVIS: Aye. COMMISSIONER OATES: Aye. COMMISSIONER URBANIK: Aye. CHAIRMAN BRUET: Aye. Ail those opposed? COMMISSIONER TRAGESSER: Nay. Motion carries seven to one. COM/4ISSIONER OATES: Eight. CHAIRMAN BRUET: Eight to one. One descending vote. Next agenda, petition number PSP-98-9. Being -- once again, being a public hearing, all those wishing to speak to this issue, please rise, raise your right hand and repeat after the court reporter. (Ail speakers were duly sworn.) CHAIRMAN BRUET: Thank you. MR. BADAMTCHIAN: Good morning, commissioners, Chahram Badamtchian from planning services staff. Page 6 October 1, 1998 COMfMISSIONER URBANIK: At its present height is there also no room -- Mit. REISCHL: It depends on which direction it fell. There are wooded areas around there. But yes, it could fall on a building right now. COP[MISSIONER WRAGE: Fred, just an informational question. What height does the FAA approve -- require; do you know? MR. REISCHL: I don't know. CHAIRMAN BRUET: Any further questions of staff? If not, would the petitioner care to address the board? MiR. HOOVER: Good morning, commissioners~ For the record, Bill Hoover of Hoover Planning, representing the petitioner's, OPM USA. They're out of Lakeland. OPM is a -- basically a vertical real estate company. It's a little bit different than GTE or Sprint that you see some of these towers come in. So what they -- when they go in with the tower, they -- they are very cooperative on renting it out, just like if you went to a shopping center and you had a small business and you wanted to lease something out. Compared to, let's say, if you go to a Sam's Club, you basically just got one person -- one business there, and that's all they do, so they're not in the business of really leasing. A lot of the cellular companies are not very cooperative on leasing a part of their tower to other people, so we have met the county requirements, have contacted all the tower owners within six miles that staff determined that we should contact, and that was two towers that are in J & C, and the one on Trade Center that caused all the commotion. Those are both around 280, 285. And we sent them certified mail asking them if they had the capability of meeting OPM's needs on the tower, and we got no response from either of those. Now, the key requirement, based on what happened at Trade Center Way maybe six years ago when the tower -- I think it's longer than that. Back when I used to work for the county, maybe eight years ago, where the tower went in right on the north side of Trade Center next to the residential. And so that's where we came out with the -- the Land Development Code requires you to be two and a half times the height of your tower from the nearest residential area. That would put us at a distance of, I think, a little over 600 feet that we need to be. Now, we're about twice that from the residential area. But I -- as far as the -- if a hurricane were to strike, I think you're going to find that the tower actually is the opposite. The only tower in the State of Florida that's came down that's a self-supporting cellular tower was in -- during Hurricane Andrew. And the reason it went down, a bus went out of control, took one of the guide wires down, and the other two are under tension. And with the hurricane winds, it did go down. But the towers are designed that they fall within 50 percent of the area of the height. However, if you look on this aerial photo, you're going to see there's three or four junkyards. Now, the tower's required to be designed to a wind speed of 110. OPM gets their towers 10 percent Page 5 October 1, 1998 ~R. REISCHL: Good morning, commissioners, Fred Reischl, planning services. This is a request for a height variance for an existing communication tower in the J & C Industrial Park. You can see the location on the map on the monitor. That dark square, that's the site of the existing tower, which is at 180 feet. 185 feet is the maximum permittable (sic) without a height variance, and the petitioner is requesting a variance to extend the height to 250 feet in order to provide -- I think the term is seamless connections between cellular communication towers. Now, there is a tower to the east, over here, and that is at 200 I believe 85 feet. However, there were discussions with the owner of that tower and they were not able to provide access to this cellular provider; therefore, they're requesting the variance to 250 feet in order to provide the communications for the cellular industry. I did receive a letter -- or a phone call in objection from the property owmer to the north. She was concerned that the addition in height would -- if, during a storm, the tower blew dow~ that it would fall on her property buildings. And I don't know if she is here, but she asked me to relay that information to you, that she did object to it. And you can see from this map that the nearest residential area is the Autumn Woods development, which is over 1,000 feet from the proposed cellular addition. And staff recommends approval of the addition in the industrial area. It seems to be an appropriate area for towers, especially this far from residential development. CHAIRMAN BRUET: I believe the FAA encourages development of towers within the vicinity of existing towers. MR. REISCHL: Yes. And this was reviewed by the Mosquito Control and Airport Authority, who had no objection. CHAIR/~AN BRUET: Any questions? Russell? COMMISSIONER PRIDDY: Fred, what -- what's our policy been in the past? We encourage shared use, but we -- how far can we go with that, and do you have any other details on why an agreement couldn't be worked out with the other tower? MR. REISCHL: As to my knowledge, it has to do with the construction of the tower and how many antennas it was built to support, if they've reached the maximum at that height. Now, different providers need different heights, to the best of my understanding, and if that height has already taken on the existing tower, then another tower will be required. I'm sure Mr. Hoover will be able to explain it in more detail. COMMISSIONER URBANIK: I have a question. If this tower -- if the additional 70 feet is added, and in a storm if this tower was to topple on its side, is there clearance for that to go dowln without hitting a building? MR. REISCHL: No. It probably would hit -- Mr. Hoover again has told me he's got more information on towers during Hurricane Andrew. He's got statistics on that, but -- Page 4 October 1, 1998 COM/4ISSIONER BRUET: That was basically, I think, our recommendation, right? COM~4ISSIONER PEEK)NE: Yes. CHAIRMAN DAVIS: Right. COM}4ISSIONER BRUET: Thank you. Okay, good to know we're on the right track. COM~ISSIONER WRAGE: They actually listen to us once in a while. CHAIRMAN DAVIS: Under chairman's report, I want to move the election of officers up to this point. Traditionally we've done it at the beginning of the meeting, and we certainly are not ones to depart from tradition. So with that, the chair would entertain a motion for election of officers. COMMISSIONER OATES: Mr. Chairman, I would move that we elect Mr. Michael Bruet as chairman, Mr. Russell Budd as vice-chairman and Mr. Mike Pedone as secretary. CHAIRMAN DAVIS: Is there a second to that motion? COMMISSIONER URBANIK: Second. CHAIRFuRN DAVIS: Motion by Mr. Oates, seconded by Ms. Urbanik. Discussion on the motion? I should ask if there's any other nominations. I apologize. Seeing none, all those in favor? Opposed? (No response.) CHAIRMAN DAVIS: Carries unanimously. COMMISSIONER OATES: Okay, we'll move. COM~ISSIONER DAVIS: With that, let's do some chair moving here. CHAIRM3kN BRUET: Well, thank you, fellow members. I look forward to this year and have enjoyed being the vice chair, and this step is well appreciated. I would also like to take this opportunity quickly to introduce a new member, Terri Tragesser. Terri, this is her first meeting. last COM/qISSIONER OATES: COMMISSIONER DAVIS: COMMISSIONER OATES: CHAIRMAN BRUET: Oh, one. COPSMISSIONER DAVIS: No, it's her second. Second. You weren't here the last meeting. excuse me. I understand. I did miss the She's an old hand at this. CHAIRMAN BRUET: I can see that. One other further housecleaning issue. Ail those wishing to speak to certain issues need to file a little application with Ron here to speak at any of the issues that are up and coming today, and Ron will then read your name off, and you can address those issues as they become apparent on the agenda. Any other little housecleaning before we get into the hearings? Apparently not. So with that, we'll start with petition number V-98-8. And this being a public hearing, if the court reporter would please sign in (sic) all those wishing to speak. Please stand and raise your right hand. {Ail speakers were duly sworn.) Page 3 October 1, 1998 CHAIR/ClAN DAVIS: Planning Commission Mr. Priddy? COMI~ISSIONER PRIDDY: Here. CPLAIRMAN DAVIS: MS. Urbanik? COMMISSIONER URBANIK: Present. CHAIP/WukN DAVIS: Mr. Budd? COMMISSIONER BUDD: Here. CPLAIRPIAN DAVIS: Mr. Bruet? COP[MISSIONER BRUET: Present. CHAIRM3~N DAVIS: Mr. Davis, here. Mr. Oates? COMMISSIONER OATES: Here. CHAIRMAN DAVIS: Mr. Pedone? COMMISSIONER PEDONE: Here. CHAIRMAN DAVIS: Mr. Wrage? COM/dISSIONER ~rRAGE: Here. CHAIRMAN DAVIS: Ms. Tragesser? COMMISSIONER TRAGESSER: Present. We'll call this meeting of the Collier County to order and beginning by calling the roll. CHAIR_MA/N DAVIS: Any addenda to the agenda? I think we have one set of minutes subject for approval. COMMISSIONER OATES: So moved, Your Chairmanship. COMMISSIONER ?~KAGE: Second. CHAIR/W3~N DAVIS: Motion of approval by Mr. Oates, seconded by Mr. Wrage. Discussion? All those in favor, signify by saying aye. Those opposed? (No response.) CHAIRMAN DAVIS: Carries unanimously. Planning Commission absences. I'll be missing our next meeting. Anyone else? Anything under a BCC report, Mr. Nino? MR. NINO: No, sir, I have nothing to report. CHAIRMAN DAVIS: Okay, I'd remind all those here today that may want to speak on any issue that there are sign-up slips over here on the chair. You'll need to fill those out and turn them in to Mr. Nino over here at the desk before the item is called. COMMISSIONER PRIDDY: Mr. Chairman, backing up to BCC report, what did the board do with the Better Roads Fill Pit, or has that been heard yet? MR. NINO: Chahram Badamtchian, what did the board do with your petition? I was on vacation. MR. BADAMTCHIAN: They approved it. It was approved. COMMISSIONER BRUET: And I got a second request. The -- on 41, we had that C-4 zoning, dealt with access off of the local streets? MR. NINO: Again, Chahram. MR. BADAMTCHIAN: They approved it without the access through the local street. COMMISSIONER BRUET: No acc -- no connection? MR. BADA24TCHIAN: No connection whatsoever to the back. Page 2 Consider Recommendations for Tra.n~miaal of 1998 Growth Management PI~n Amendmen~ to ~h¢ Depar~'nent of Corra'nunityAffaixs. (Coordinator: Comprehemsive Staff) 10. 11. 12. OLD BUSINESS NEW BUSINESS A. Election of Officers PUBLIC COMMENT ITEM DISCUSSION OF ADDENDA ADJOURN 10/1/98 CCPC AGENDA/md 3 Petition No. PSP-98-9. Laura Redondo Ryan, P.E.. of Wilkison & Associates, Inc., representing Habitat for Hurnamry of Collier County, Inc., requesting Prelimlnarv Subdivision Plat approval for Carson Lakes Subdivision. located on the no/nh side of Carson Road at the westem-mnst end, in Section 30, Township 46 South. Range 29 East, lmmokalee, Florida, consisting of 39.9_+ acres. (Coordinator: Chahsara Badamtchian I Petition No. SV-98-2, William D. Keith. Esqmse, representing Caxdillo, Keith & Bouaquist, P.A., requesting a 15 foot variance from the requn'ed front yard setback of 15 feet established for sig~ to 0 feet along U.S. 41 and a 5 foot valance from the requLred front setback of 15 feet eslablished for signs to i0 feet along Osceola Avenue for a pole sign located at 3050 F2at Tarmarm Trail on the northwest comer of U.S. 41 and Oscenla Avenue. m Sect/on 13, Towruship 50 South, Range 25 East. (Coordinator:. C'hatwam Badamtchian) Petition No. V-98-18, C. Dean Smith ofQ. Grady Minor and Associates, P.A., representing Victoria Lakes Condominium Association, requesting a 20 foot variance from the requited 30 foot front yard setback to 10 feet along Airport-Pulling Road and a 23 foot variance from the requited 30 foot front yard setback to 7 feet along Berkshire Street and Nottingham Drive for property located in Block 2 Victoria Park One, in Section 26, Township 48 South. Range 25 East. (Coordinator:. Chahram Badarntchian) Petition No. PUD-98-3, Bruce A. Ranlcin, R.L.A., of Wilson. Miller, Barton & Peek, Inc., representing Lely Development Corporation. requesting a rezone from PUD to pLrD. in order to merge the Lely Lakes PUD (Ordinance No. 93-32) and the Naples R & D Park PUD (Ordinance No. 8844) into a new Planned Unit Development referred to as Lely Lakes Golf Resor~ PUD which w/Il consist of 749 dwelling units, golf course, hotel/motel and convemence commercial uses for property located on the south side of U.S. 41 (Tarmami Trail) located in Sections 29, 30, 31, and 32, Tow-aship 50 Soutlt, Range 26 East and Section 5, Township 51 South. Range 26 East, Collier County, Florida. consisting of 1.559+ acres. (Coordinator: Ray Bellows) - Petition No. PUD-98-1 I, Robeta Duane of Hole, Montes & Associates, Inc., representing Steve Houston, requesting a rezone from "A' Rural Agricultm'al to "PUD" Plan.ned Unit development to be known as Tamiarm Professional Center for a mixed use development strategy to consist of re~51 and office uses on Pm'eels I and II nearest U.S. 41 North (Tamiami Trail North), and assisted living facilities (congregate care housing) on the easterly portion of the PUD Master Plan, located south of the intersection of U.S. 41 and Imperial Golf Course Boulevard on the east side of U.S. 41 North, in Section 15, Township 48 South, Range 25 East, consisting of 11.6_+ acres. (Coordinator: Ray Bellows) Petition No. DOA-98-1, George L. Varnadoe of Young, vanAssenderp & Vamadoe, P.A., representing Halstart Parmership, requesting an amendment to the Grey Oaks DRi Development Order No. 90-3, for the purpose of reducing the number of residential tm/ts from 1,936 to 1,136; increasing the number of golf holes from 45 to 54; relocating the sile of the approved hotel from the northeast quadrant to the southeast quadrant; increasing the acreage designated for corkservation, lakes and water management form 180.1 acres to 236.78 acres; deleting the internal project road overpass linking the northeast and southeast parcels across Golden Gate Parkway for properv/located in the northwest, northeast, and southeast qttadnmts of Ah'port- PullIng Road (C.R. 31) and Golden Gate Parkway (C.R. 886), in Sections 24, 25 and 26. Town,~hip 49 South, P. mnge 25 East. Collier County, Florida. containing 1,601+ acres. (Coordinato~ Ron NIno) (Companion to PUD-89-6(3)) - Petition No. PUD-g9-6(3), George L. Varnadoe of Young, vanAasenderp & Varnadoe, P.A., representing Halstart Partnership, requesting an amendment to the Grey Oaks PUD for the purl~ose of reducing the number of residential units from 1,936 to 1,136; Increasing the nurnbe'r of golf holes from 45 to 54; relocahng the site of the approved hotel from the northeast quadrant to the southeast quadrant, increasing the acreage designated for conservation, lakes and water management from 180.1 acres to 236.78 acres; deleting the internal project road overpass linking the northeast and southeast parcels across Golden Gate Parkway for property located in the northwest, northeast and southeast quadrants of Ail. imrt. Pulling Road (C.R. 31) and Golden Gate Parkway (C.R. 886), in Sections 24, 25 and 26, Township 49 South, Range 25 East, Collier County., Florida. containing 1,601_+ acres. (Coordinator: Ron Nino) (Compamon to DOA-98-1) 2 October 1, TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY PLANNING COMMISSION Naples, Florida, October 1st, 1998 1998 LET IT BE RE/~EMBERED, that the Collier County Plannin~~ Commission in and for the County of Collier, having conducted business herein, met on this date at 8:30 a.m. in REGULAR SESSION in Building 'F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Michael A. Davis Russell A. Budd Michael J. Bruet Edward J. Oates, Jr. Russell A. Priddy Michael Pedone Terri Tragesser Karen Urbanik Gary Wrage ALSO PRESENT: Ron Nino, Planning Marjorie M. Student, Assistant County Attorney Page 1 AGENDA COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 8:30 A.M., THURSDAY, OCTOBER 1, 1998 IN THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING, COUNTY GOVERNMENT CENTER, 3301 TAMIAMI TRAIL EAST, EAST NAPLES, FLORIDA: b[_O_T~ INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY ITEM. INDIVIDUALS SELEt..-ILD TO SPEAK ON BEHALF OF AN ORGANIZATION OR GROUP ARE ENCOURAGED AND MAY BE ALLO'I tED 10 MINUTES TO SPEAK ON AN ITEM ~ SO RECOGNIZED BY THE CHAIRMAN. PERSONS WISHING TO HAVE WRIIIkN OR GRAPHIC MATERIALS INCLUDED IN TH2E CCTC AGENDA PACKETS MUST SUBMIT SAID MAILRIAL A MINIMUM OF 3 WEEKS PRIOR TO THE RESPEC-iiVE PUBLIC HEARING. IN ANY CASE, WRIiiLN MATERIALS IN 1 LNDED TO BE CONSIDERED BY THE CCPC SHALL BE SUBMiI lED TO THE APPROPRIATE COUNTY STAFF A MINIMUM OF SEVEN DAYS PRiOR TO THE PUBLIC ti'EARING. ALL MATERIAL USED iN PP,-ESENTATIONS BEFORE TH:E CCPC WILL BECOME A PERMANENT PART OF THE RECORD AND WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS IF APPLICABLE. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCPC WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, /~hrD THEREFORE MAY NI?FD TO ENSURE THAT A VERBAT1]vl RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. I. ROLL CALL BY CLERK 2. ADDENDA TO THE AGENDA 3. APPROVAL OF MINUTES: 4. PLANNING COMMISSION ABSENCES: 5. BCC REPORT 6. CHAIRMAN'S REPORT 7. '~ ADVERTISED PUBLIC HEARINGS: A. Petition No. V-98-8, Bill Hoover of Hoover planning, representing Roger D. Withers and OPM-USA-Inc., requesting approval ora 65 foot height variance from the required 185 feet to 250 feet for an existing 185 foot communications tower located at 5630 Taylor Road, within the J & C Industrial Pm'k, in Section 11, Township 49 South, Range 25 East. (Coordinator: Fred Reisckl) 1 I0. I1. I2. OLD BUSINF. SS NEW BUSINESS PUBLIC COMMENT ITEM DISCUSSION OF ADDEND..',, ADJOURN 598 CCI*(' AGENDA. md 3 C Pctlt~on No fU-98-SE. ~.likc Landy of Butler (~ng~ncer~ng. Inc.. representing Waterways Joint Venture. requeslmg a 3 year extension of Ibc lemporary use pcrmn lot Model Homes located at 3323. 3327. 3331 and 3335 Mystic River [)rive. further described as ~.ot 2 Ihrough 5. Waterways o/' Naples. Unit One. in Section 14. To'..,.nsnm 48 South. Range 25 East. (Coordinator: Chahram Badamich/anl Petnion No Sx,'-98.3. N Paul San Filippo. t~squ~rc, of Seidenslicker and San Filippo. representing Doane l.~m~tcd Pa~ner',h~p. rcqucsttn~ il 5 t¥ol ~.ar~ancc Irom [hc required 15 foot setback established for signs to I0 leel In he It)ca(cd at 877 ill~ Avenue North. ~n Sec[~on 21. ~"~)wnship 48 South. Range 25 East. ~('oordmatar: Chahram Badam~ch~an~ Petition No PSP-98-14. Emilio J Robau. Pti. of RWA. Inc. representing William t. Higgs, requesting Prelimmarx. Subdivision Pint approval for White t.akc Corporalc Park. located al the Northeast quadrant ofi- 75 and CR. 95t. in Section 35.5ownship 49 South. Range 26 least, consisting of 14,:1_*_ acres. (Coordinator: Ron Ninol IContinued from September 17. 1998) Petition No. ¥-91S-19. Jay Nlalamph?. representing Grill Coast Development Group, L.C., requesting appro~.a~ to ~ncreasc the maximum permitted lloor area ratio of .45 to .60 to construct a building with a maximum of 204.933 square l~et for an Independent Care Li;'ing facility. Assisted Care Living Facility and nursing facilities l~)r propcr~y located to the s~mth ot Vanderbilt [~each Road Extension, north of Arbour I~c3ulcvard. and ~,',esl of Vineyardr, Boulevard. further uescribed as Tract S-I. Vineyards Unit 3. in Section 5. ;~wnsh~pa~)S~luth. Range 26 [iast. ICoordinator: Susan Nlurray; (Continued ~¥om October 15.1998) Petition No. BD-98-3 I. Ben Nelson. Jr.. of Nelson Marine Construction. Inc.. representing Paul Curcio, requesting a 15 foot boat dock extension to allow f~r a 35 foot boal dock and boat lift for property located at 241 Bay(font Drive, further described as Lot I I. Bay(font Gardens. in Section 6. Township 48 South, Range 2.5 Easl. (Coordinator: Fred Reischl) Petition No BD-98-32. ;rilles L. Scoficld. reprcscnling James M Boswell. Il, requesting a 33 foot boat dock extension to allow t~r a 53 foot boat dock and boat lift for propen?, located at 270 Third SU'eet, further described as a portion of Lot 16. Block F and Lot lt. block t-[. Linle Hickory Shores, Replat of Unit 3, in Section 5. Township 48 South. Range 25 East. (Coordinator: Ross Gochcnaur; Petition No. BD-98-34, Miles L. Scofield. representing Paul Boyce, requesting a 25 foot boat dock extension to allow for a 45 foot boat dock and boat lil~ for property located at 272 Third Su'eet, further described as a portion of Lol I& Block F, Rep/at of Und No 3. Litlle Hickory Shores (Lot A), in Section 5. Township 48 South. Range 25 East (Coordinator: RossGochenaur~ Petition No V-98-16. William L. Hoover. AICP. of Hoover Planning. representing Theodore J. Nylese, Jr., requesting a Variance of 9 feet from the required 25 foot rear yard setback to 16 feet for property located at 442 Rosemeade lane. further described as Lot I7, Rosemeade at Wyndemere. in Section 19, Township 49 South. Range 26 East. ICoordinator: Fred Reiscbl) Petition No. PUD-98-13. R. Bruce Anderson of Young. vanAssenderp & 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, for a golf course and accessory, and incidental facilities including a clubhouse. 50.000 square feet of C-3 commercial uses ancO'or a hotel on property' located between U.S ,~1 on the east and Vanderbih Drive on the West, lying north of I I1~ Avenue and south of lhe Cocohatchee River. in Section 2I. Township 48 South. Range 25 East. Collier County, Florida. consisting o( 267 -~._* acres (Coordinator: Ron Nino) JuvPetiti°n No. CU-98-19. Arnaldo. Hernandez of Arkitex 2. representing' the Florida State Deparm,,ent of emit Justice, requesting Condnionat [2sc "3" of the "P" zoning district for a juvenile detention center for properS:, located at the Collier County Government Center at the intersection of Airport-Pulling Road and (~'.S..Il. in Section 12. Township 50 South. Range 25 Easl. Collier Count).', Florida. consisting of 2.5~- acres. (Coordinator: Susan Murray) 2 A G E N D A COI.LIER COt;NTY I'L:\NNING COMMISSION \l'II,l. MEF. T ..IT g:30 ../M.. THURSDAY, NOVEMBER 5. 1908 IN 'FILE BOARD ()F COUNTY COMMISSIONERS MEETING ROOM. · IDMINISTR:\FION BUILDING. COI'NI-Y GOVERNMENT CENTER. 3301 TAMIAMI TRAIL EAST. i!.tS F N..XPI.ES. FLORIDA: N~)IE: INDIVIDUAl. SPEAKERSXVH_L BE LIMITED TO 5 MINUTESON ANY ITEM. INDIVIDUALS SELECTED 'FO SPEAK ON BEHALF OF AN ORGANIZATION OR GROUP ARE ENCOURAGED AND MAY BE ,\L[.OTI'ED 10 MINUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED BY TIlE CHAIRMAN. PERSONS WISIIING TO ttAVE WRITTEN OR GRAPttlC MATERIALS [NCI.UDED IN TIlE CCPC AGENDA PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM OF 3 WEEKS PRIOR TO ['lie P, ESPECTIVE PUBLIC [IEARING. IN ANY CASE. WRITTEN MA FERIALS INTENDED TO BE CONSIDERISD BY TIlE CCPC SIIALL BE SUBMI]TED -FO 'FILE APPROPRIATE COUN'IW STAFF A MINIMUM OF SEVEN DAYS PRIORTDTHEPUBI,ICItEARING. Al,l. MATERIAL USED IN PRESENTATIONS BEFORE ]-HE CCPC WILL BECOME A PERMANENT PART OF THE RECORD /\ND WILl, BE AVAILABLE FOR PRESENTATION TO TIlE BOARD OF COUNTY COMMISSIONERS IF APPLICABLE. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCPC WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO. AND TIIEREFORE MAY NEED 'FO ENSURE TttAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICtt THE APPEAL IS TO BE BASED. ROLL CALL BY CLERK ADDENDA 'FO THE AGENDA ~ons~onttn~ APPROVAL OF MINUTES October I. 19o.~ PI.ANNING COMMISSION ABSENCES: BCC REPORT CHAIRMAN'S REPOP, T .\I)VERTISED Pi IBI.IC I IE,,XRING%: Misc. Cortes: Date: //,/?-~./2~ .. Co go (~'ITy HALL COUNCIL CHAM~ERS 73~ EIGHTH STREI~T SOUTH 2.9 QCTQBER 1998~ 9:00 ~ Norris ~ancock I. Approve3OSeptember 1998 CommhteeMinm~ Constantine ELECTION OF QFFICE~g ~c '~ ~e Berry September Noise Summary Nighttime Noi.~ Summary Summary of Complaints by Type Operation SUB COMMII~EE REPORTS o Community Awareneas Sub-Committee montMy Report - Matbeis Quarterly Articles Draft Brochure NAA Meeting~ Sub - Committee Report - Schmidt 1. Committee Member briefings regarding neighborhood issues PUBLIC COMMENT~ AD41OURNMENT 16F l Any per, on who decides to appeal any decision made by this Comm',,ttee with respect to any matter considered at this me, ting will need to ensure that a verbatim r~ord of the prneeediag~ is made, which record includes the testimony and twidence upon which the appeal is to be beard. Misc. Cortes: Date: _/~/~ Item# Copies To: ,UAPLL:z ' A 112-. P 012.. ¥ dO'mPA TII ILiT'q dO'rl'mlT'F NOISE COMPATIBILITY COMMITFEE MEETING MINUTES 30 SEPTEMBER 1998 Meeting ;,,'as called to order by' Cha~rm;m Cannato at 2:18 PSI in the Airport Pilots Lounge Present were Vice Chairman Matheis, Mr Gene Schmidt, Mr Bill Brodt, Mr Joe Stude, Mr John Nocera Also present was Sis Lisa LeBlanc-Hutchings. Ms Gail Cureton and Ms Para Rinehart - NAA. Absent were: Sir Tom Ryan, Sis Becky Adams, Sir Matt Le,,dne. Sis Barbara Berry and Mr Steve Kingston - each excused ' INq'RODUCTIONS Mr Cannato introduced Mr Joe Stude to the Corem;tree MINUTES Mr. Stude made a monon to approve the 23 July 1998 minutes Sir Schmidt seconded. Minutes were approved as wnnen STAFF REPORT July Complaint Summary' · 16 tot~ complaints for 8,877 tot~ operations · 6 complaints generated during the night for 192 operations · 10 complaints generated during the day for 8,685 operations 5 Stage II/III jets Stage Ijet 2 Props 4 Mosquito Control 4 Hehcoplers · The complaints recmved were from I2 different families. 4 calls were generated by repeat callers. Nighttime Operations Summary · No Mandatory Stage 1 Curfew Violations · 192 Total Nighttime Operations 18 Stage II,Gl jets 124 Props Noise Compatibility ('ommittee Meeting Minutes J0 5;eptember 1998 Pa~e 2 24 Mosquito Control I 8 Sheriffs Office hehcopters 8 [/5, IS hehcopters Aulgust ('omplaint Summao, · 12 total complaints for 8.680 total operatfons · 6 complaints generated during the night for 189 operations · 6 complaints generated during the day for 8,491 operations 4 Stage l]/llI jets 2 Props 3 Mosquito Control 3 Unknown · The complmnts received were from 10 different families; 4 calls were generated by repeat callers Nighttime Operations Summary. · No Mandatory Stage I Curfew Violations · 189 Total Nighttime Operations 23 Stage [IAII jets 2 Air Ambulance jets I32 Props 14 Mosquito Control I4 Sheriffs Office helicopters 4 EMS helicopters The Committee and staff discussed Mosquito Control's future use of the Shorts aircraft. Staff has asked MC to adv/se when the DC-3's and Shorts will be flying at night so the noise levels can be monitored on both aircraft SUB COMMITI'EE REPORTS CornmuniO' Awareness Sub- Committee Monthly Report The Committee feels without money in the budget they can't be effective in getting articles published. Staff explained there is money available in the Communications Budget, however. the Committee ,aould need to request the Authori.ty approve disbursing the money. The Committee w/Il discuss the an~oant of money needed under "New Business." The Committee and staff discussed the letter that is being generated to send to the local high schools and Civic Organizations 16G! Noise ('ompatibiliL~ ('ommittee Meetim, Minutes 30 .<,eptember 1998 Page 3 .'¥.-t.-t Meetings A'ub-C~mm, ittee Report 5,Ir Schnndt read a pornon of h~s notes from the 28 August I c~98 Author:~' meeting regarding the Authorlts.'s budget discussion in relation to the Noise Committee The Committee ,,~,dl generate a letter to the Authoriw requesting that funds be allocated for use by the Norse Commmee for quarterly attic es, mall-outs and a no~se abatement brochure, elc The letter '*~I1 be ready, for AuthonLy review at the 28 October 1998 meeting NEW BUSINESS Committee member briefings regarding neighborhood issues Several Comminee members reported that they receive nmse comp[aunts from their neighbors. Mr Schmidt explained the Aqualane Shores area recently surveyed their homeowners and the mrport nmse/mrport growth was not on the top of their list of issues. Mr. Nocera stated that he feels that less than 1% of the population ~s unhappy with the mrport. After discussion, it was decided the Committee will report monthly on noise complmnts/comments they receive. Staff ~,fll then be able to keep the Authority informed Fund~ for FY99 The Committee% letter to the Authon .ty will be to request funds for four (4) articles and a tri- fold noise abatement brochure The Committee and staff discussed distribution of the noise abatement brochure. Distributing the brochure to the Cit5 and Count' res dents would be costly, therefore, distribution will be to ('i~' resident's only' Staff requested the October meeting be changed to 29 October 1998 The Committee agreed. Mr Cannato reminded the Committee that a new Chairman and Vice Chairman vail be chosen at the next meeting. Staff stated the Part 150 Amendment was advertised in the Federal Register on 03 September 998 the I80 da,,, t:meclock has started The Hehcopter brochures are completed Staff will dtsmbute them at the next meeting Meeting ,2,,as adjourned at 332 PM Recording Secretary. 2F ~'riday. OcT 15. 1998 PUBLIC NOTICE This notice announces that the Federal Aviation Administration rinds that the revised current and fiature noise exposure maps submitted by the City of Naples Airport .Authority. Florida t'or Naples ,Municipal .airport are in compliance with applicable requirements of FAR Part 150 effective September 3. 1998 Further, FAA is reviewing a proposed noise compatibility program revision that was submitted for Naples Municipal Airport in conjunction with the noise exposure maps, and that this program revision will be approved or disapproved on or before March 2, 1999. The public comment period ends November 2, 1998. This notice announces the availability of' this program revision for public review and comment. Copies of the revised exposure maps, the FAA's evaluation of the maps and the proposed noise compatibility program revision are available for examination at the following locations: Naples Airport Authority, 160 Aviation Drive North, Naples, FL 34104, and FAA - Orlando Airports District Office, 5950 Hazeltine National Drive, Suite 400, Orlando, FL 32822-5024. For further information, contact: Tom Picketing, (407) 812-6331 x 29. Numbero£ I £'omplaintsper i Total Number ! % of all Callers J %of all Callers ; Caller °£C°mplaints I - i Complaints 2 ; 2 4 ' 20 r 33 lotal Number o£Callers: 10 Total Number o£Complaints: 12 ~ SEPTEMBER Number of Complaints per Total Number 1%ofalICallers %of all Callers Caller of Complaints Complaints 7 I 7 87 35 I 11 11 13 55 Total Number of Callers: 8 Total Number of Complaints: 20 ncluded in th Total Number of Complaintsrece~ved. OCTOBER Number of Complaints per Total Number % of all Callers % ofall Callers Caller of Complaints Complaints Total Number of Callers: Total Number of Complaints: onymous caller included in the Total Number of Complaints received. NOVEMBER Numberor i Complaints per TotalNumber / %orallCallers %of all Callers Caller of Complaints Complaints ! - Total Number of Callers: Total Nmnber of Complaints: ers included in the Total Number of Complaints received. NOISE COMPLAINT I VIOLATION SUMMARY 247 0 0 2 4 3 7 7 2 2O C3IT'F (DF I'IAPLES AIRPORt AIJTI-IORITY *MEMORANDUM* TO: Ihmorable Chairman and :Members of the Authority FROM: Theodore D. Soliday Executive Director DATE: 20 October 1998 RE: ACTION ITEM 2 NOISE COMPATIBILITY COMMITTEE ACTION REQUESTED: Authority discussion of the duties of the attached letter sent by the Noise Compatibility Committee. Authority approval of allocation of funds for four quarterly articles to be published in the local newspaper, funds for the Community Noise Abatement Brochure and funds for mailing Each item will be submitted to the Authority prior to publication. BACKGROUND: The Noise Compatibility Committee has been meeting together and with their communities for the last eighteen months, in an effort to carry out the duties as outlined in Article V of the By-Laws With the recent changes in Authority membership, the Noise Compatibility Committee is requesting a clarification of the goals and objectives set forth by the previous membership. The Committee has also requested that funds be allocated for use by the Committee in Fiscal Year 1999 This funding was not included in the final approved budget and the Committee wishes to clarify its original request Last, the Comrmttee requests that the Authority review two letters that they wish to send to local high schools and civic associations, advising each group of their ability and willingness to educate and share corrmUttee concerns relating to airport noise FINANCIAL IMPACT: The FY 99 approved budget did not include funding for the Noise Committee The total cost of these items, including postage, will be approximately $12,200 Funds are available in the contingency fund or can be taken from the Communications Budget. ADMINISTRATION f94 ~) 643-0733;FAX 643-4084 OPERATIONS 643-0404/Ffi.~ 643-, 791 E-mad a~tpot ¢~r~p es riel 16Gl dAPLEq 16 October 1998 Naples Airport Authority 160 Aviation Drive North Naples. FL 34104 Re: Naples Airport Noise Compatibility Committee Dear Honorable Chairman Pennington and Members of the Naples Airport Authority: The Noise Compatibility Comrmttee, as a result of our most recent meeting on 30 September 1998, would like to clarify our goals and objectives relative to the those previously set forth in the Comrmttee By-Laws by former members of the Airport Authority We realize there are several new members now on the Authority, and we would like to continue on in our tasks in a manner which is mutually agreeable As established on 22 Januai? 1997, our duties, as outlined in Article V, are to, "... consider potential noise compatibility methods and recommended programs." Also Article V goes on to further state, "The Committee shall place emphasis upon obtaining input from the public as to the extent of the noise problem at the Naples Airport and make recommendations for pos.~ible rmttgation actions." (emphasis added) In attempting to perform these duties, funds were requested and approved last year by the NAA for the Committee to write six news articles, which were placed as "paid advertisements" in the Naples Daily News. Many positive responses were received from community members, even though we did receive some criticism relating to font size and article placement (to which we had no direct control). This year the comrrattee requested that money be included in the Fiscal Year 1999 budget for publishing materials, mailings, noise abatement brochures, and four (4) quarterly "paid advertisement" articles Even if the money was included in the budget, each of these items would also be pre-approved by the Authority (as were the previous articles). At the 28 August 1998 Airport Authority meeting, several points were raised concerning the Noise Committee and the budget requests. One Authority Member felt uncomfortable".. earmarking money to a sub-committee that we don't have any control over." As the Committee has no funds of it's own, and functions solely in an advisory capacity of the NAA, all funds and articles would be approved by the Authority in advance of the expenditure at the regular Airport Authority meetings Naples \~rpon X,)~< Compatibdiv, (.'ommmcc 20 October 1008 Page 2 In addition, another member expressed the view that no member of the community has been asked of their concerns about noise I'he Committee has attempted to be a "lightening rod" [br community' concerns about noise and has made repeated requests for community input at each of its meetinus and in each article published At each meeting, the Comrmttee has requested input from the most vociferous of the noise complainers, the "Citizens for Control of Airport Noise (CAd, O" This group has not contributed anything to the et,roms to control noise at the airport and seem to make no effort that isn't politicalb, motivated. We have also worked with several pilot groups including charter pilots, corporate pilots, helicopter pilots and local flight instructors, to develop noise abatement brochures so that each group is better informed regarding the community's noise issues Several committee members have conducted their own inforrrm/ surveys and receive monthly reports as to the number of complaints in each of their areas We have also included a list of additionxl areas that this group and airport staff have worked in over the last eighteen (18) months (Attachment A) Another viewpoint expressed by an Authority member ~vas to consider discontinuing the Quarterly Noise Report prepared by staff, "as no one except staff read it" This report may have been confused by the quarterly articles published in the newspaper, however, we feel that discontinuing this report would effectively "blind" the Airport ,Authority and the community to the extem of the noise problem, as well as to any indication of progress in mitigating the problem. In fact, absent any quantitative data, the noise issue becontes purely political and there would be no need for a committee such as ours As ,'vis. Schmidt of our Committee expressed at the 28 Auuust 1998 NAA meeting, the Committee does not wish to usurp publication relations duties from The NAA or NAA sta. ff We are merely attempting (by requesting funds for printing and publication) to establish a better di~ogue with the community to mitigate the noise issues. Most of the community is unaware of our existence and, therefore, we request that you reconsider funding the following items for this fiscal year: Four Quarterly articles to be published in the Naples Dally News $ 4.000 .S.'lalling to over 300 Home Owner Associations: 600 Noise Abatement Brochure 4,000 Mailing noise abatement brochure to I0,000 city homeo;vners 3,600 Total requested tbr FY 99 512,200 These funds would remain in the Conmmnications budget until a request is made by the Committee to staff Staffwould then tbrward the appropriate items to the Airport Authority for review and approval Naples Airport Noise Compatibility Committee 20 October 1998 Page 3 Secondly. we request that you review the attached letter which we composed to send to high ~chools and civic orgamzations We would like to speak to them regarding the progress of our group, to obtain input from them as to the extent of the noise problem at the Naples Airport and make recommetmk~tion fi)r ix~s.s-ible mitigation action.r. Aa appointed, non-political, volunteers, the Noise Compatibility Committee remains dedicated to examining ~md eliminating the noise issues at the Naples Airport, with the support of the Naples Airport Amhority. Committee members are happy to attend the next Airport Authority meeting to di~,cuss the~e issues with you, if you desire. Sincerely, Sam Cannato, Chairman $,('('OMPI.ISllMENTS OF THE NAPI.ES S. IRPORT NOISE ('OMPA¥1BII.ITY COM.%IITTI-iE 19()e- 1998 Recommended to the Naples Airport Authorit.~ a ban ou all Stage I jet operations. (,Jan 1998) + Suggested and assisted with the development of a Noise .Abatement Brochure for .let Aircraft Operators. + Suggested and assisted with the development of a Noise Abatement Brochure for Single and Light Twin Engine Aircraft Operators. 4- Met with 20 local flight school instructors and had the instructors agree to limit the number of multiple touch and go operations at Naples to 10, as well as conducting more training at other airports. Increased awareness level of instructors and student pilots. Attend NAA monthly meetings to provide committee representation. Requested local operators, such as London Helicopters, Naples Air Center and Collier Mosquito Control, attend monthly Noise Committee meetings in order to gain a better understanding of their operations. Recommended the Runway 5 departure turn to 360 not be implemented due to new community developments previously not included in the Part 150 Study. + Met with local corporate flight department operators and commuter airline chief pilots to discuss local noise issues and seek input to jet operator brochures. Met with Mosquito Control, EMS and Sheriff's Office pilots to address specific noise issues. Developed six public information articles published in the Naples Daily News. Ensured all mailings of news releases be sent to over 300 home owner associations. Traveled to Sarasota to observe the Sentinel Noise Monitoring System and attend Sarasota Quarterly Noise Committee 31eeting. Volunteered to speak to local neighborhood associations at monthly meetings regarding committee activity. Recommended NAA develop Standard Instrument Departures and Arrivals. Recommended purchase of a Precision Instrument Landing System, capable of curved approach and departure paths. Revised 10/I/98 + Developed comprehensive monthly and quarterly executive reports. Recommended an increase in the advertisement of the Preferential Runway Use Program. + Reviewed other noise abatement options, no! recom~nended or approved in the Part 1.q0 Study to determine feasibility. Committee Members met with ATC staff to review flight school operating procedures. + Recommended N , AA purchase 2 portable noise monitors and develop community program. Researched feasibility of requesting local real estate agents to voluntarily disclose airport location and advantages of a local community airport to potential new home buyers. Recommended a separate line item budget be included in the airport budget for noise committee. This would include communit? information, brochures, mailings and other PR items. or Developed a Noise Program brochure which describes the airport, the Noise Committee and the Noise Abatement Program. Revised 10/1/98 October 1998 DI ,FT Name School Address City/State/Zip Dea~- In March 1997, the Naples Airport Noise Compatibility Committee was established with I~n (10) r~:~idcnts apnointed frgm ~h~ CITY ~md C'OUNTY at large Upon appointment, the m~rnbers were asked to examine md eliminate noise issues at the Naples Airport. During the last 1% years, the committee's accomplishments have become quite extensive. Listed below are a few of the more important issues accomplished: Recommended to the Naples Airport AuthoriW a ban on all Stage I jet aircraft operations (January 1998) Suggested and assisted with the development of a Noise Abatement Brochure for Jet Aircraft Operators. Recommended the Runway 5 departure turn to 360 not be implemented due to new community developments previously not included in the Part 150 Study. Met with local corporate flight department operators and commuter airline chief pilots to discuss loc,sd noise issues and seek input to jet operator brochures. Developed six public information articles published in the Naples Daily News. Ensured ail mailings of news releases be sent to over 300 home owner associations. Recommended Naples Airport Authority purchase two (2) portable noise monitors and develop community program. To date, the committee has worked hard in its efforts, but at times have been thwarted due to the public's lack of knowledge on factors involved in the control of aircralZc noise. We have attempted to mitigate this situation through newspaper articles and meetings with civic groups At our most recent meeting, the committee discussed the possibility of educating the city and county's youth in relation to noise. Most young people find flying and av/ation interesting to them, so this could be a "natural" interest With that in mind, we are approaching the Principals of our area high schools to notify them that our committee members are available to speak to students on the subject of airport noise. The material discussed would be tailored to the audience's specific interests. We would be happy to have you review the material in advance so you can be satisfied the event would be truly worthwhile Please contact Lisa LeBlanc-Hutchings, Naples Airport ..¥:thority, Director, Airport Operations / Noise Abatement Officer, at 643-3773, if you feel this would benefit the students We are attempting to fownulate the Fall schedule for our cornmittee at this time and your input is very. important to us Sincerely, 5 OcTobc~ IO,~ DRAFT OrganJzat.)n Address Cit?'gtate, Zip Dear In March 1997. the Naples Airport Noise Compatibility Committee was established with t_e_n_(l_02~gsidents a~12ointed From the CITY and COUNTY at Large Upon appointment, the members were asked to examine and eliminate noise issues at the Naples Airport. During the last I ½ years, the committee's accomplishments have become quite extensive Listed below are a few oFthe more important issues accomplished: Recommended to the Naples Airport Authority a ban on all Stage I jet aircraft operations (January 1998) Suggested and assisted with the development ora Noise Abatement Brochure for Jet Aircraft Operators Recommended the Runway 5 departure turn to 360 not be implemented due to new community developments previously not included in the Part 150 Study Met with local corporate flight department operators and commuter airline chie£pilots to discuss local noise issues and seek input tojet operator brochures Developed six public information articles published in the Naples Daily News Ensured ail mailings of news releases be sent to over 300 home owner associations. Recommended Naples Airport Authority purchase two (2) portable noise monitors and develop community program To date, the committee has worked hard in its efforts, but at times have been thwarted due to the public's lack of knowledge on factors involved in the control of aircraft noise. We have attempted to mitigate this situation through newspaper articles and meetings with civic groups At this time, we are notifying local organizations that our committee members are available to speak to their group on the subject of airport noise Please contact Lisa LeBlanc-Hutchings, Naples Airport Authority. Director, Airport Operations / Noise Abatement Officer. at 643-3773. if you feel this would benefit your organization We are attempting to formulate the Fall schedule tbr our committee at'this time and your input is ;'eD' important to us Sincerely. OPERA TIONAL AUDIT OF THE SOUTtt FLORIDA WA TER MANAGEMENT DISTRICT For the Period October 1, 1996, Through September 30, 1997, and Selected District Actions Taken During the Period October 1, 1995, Through September 30, 1996 AUDIT REPORT SUMMA R Y This audit report summary highlights thc scope, objectives, methodology, and findings of audit report No. 13311. It is intended to present the findings of our report in a condensed fashion. The entire audit report should be read for a comprehensive understanding of our audit findings. SCOI'E/OIIJECTI VES The Auditor General. as part of Ibc Legislature's oversight responsibility for tT, cralions (ff governmental entities, makes {*pcrational audits to evaluate managemcnt's performance in administering assigned responsibilities in accordance with applicable laws. administrative mles. and other guidelines and to determine the extent to which the internal control, as designed and placed in operation, promotes and encourages the achievement of managcment's control objectives in the categories of compliance, economic and efficient operations, reliability of financial records and reports, and safeguarding of assets. The scope of this audit of the South Florida Water Management District focused primarily on expenditures and related activities lbr thc period October 1, 1996, through September 30, 1997. and selected District aclim~s taken during thc period October 1, 1995, through September 30. 1996. ~IlETIIODOLO(; y Wc conducted our audit in accordance with generally accepted auditing standards and applicable standards contained in Government Auditing Standards issued by the Comptroller General of the United States. FINDINGS Matters coming to our attention relating to noncompliance with various guidelines and those relating to significant deficiencies iu tile design or operation of the internal control for those operations audited are as follows: Budget Administration District reports of budgeted and actual expenditures tbr the i996-97 fiscal year did not provide a comparison of budgeted and actual expenditures (and commitments) by governmental fund type and purpose as specified in Section 373.536(1), Florida Statutes, for all object categories. (See paragraphs 32 through 38.) Land Acquisitions · Land Acquisitions in Excess of Appraised Value. (-)ur review of District land acquisitions disclosed several acquisitions where the purchase price exceeded the approved appraised value by a significant amount and the public records of the District did not adequately document the basis relied upon by tile District in agreeing to pay amounts in excess of the appraised value. Absent this information in the public records of the District, the public cannot make informed decisions regarding tile actions of District officials. (Sec paragraphs 41 through 44.) Latt Maxcy Acquisition. The Nature Conservancy (TNC) acted as the District's agent in negotiating the $34.5 million acquisition of two parcels of land: however, the District was unable to provide a signed agreement which established thc responsibilities of the District and TNC in each of these acquisitions and did not maintain documentation to demonstrate compliance with applicable laws, rules, contractual terms, and good business practices. (See paragraphs 45 through 50.) Our review of District records pertaining to the acquisition of the Prairie Parcel at a cost of approximately S22.2 million disclosed that District -2- records did not adequately explain the basis relied upon by the Governing Board in approving this acquisition. Neither the appraised value nor the purchase price of the property was adjusted as a result of significant estimated cleanup costs resulting from the discovery that the property had been used as a bombing range. (See paragraphs 51 through 59.) Communication bixpenditures The District did not maintain telephone logs or other records to document the authorized public purpose of domestic 10rig-distance telephone calls billed to the District during the fiscal year ended September 30. 1997. In addition, cellular telephone and calling card billings were not reviewed and approved by the users' supervisors. (See paragraphs 60 through 64.) Meritorious Service A wards As similarly noted in audit report No. 12821, paragraphs 72 through 77, the District granted awards to employees for performing what appeared to be routinely assigned responsibilities, did not require written proposals for awards, and adopted procedures which were considered discretionary rather than mandatory. (See paragraphs 65 through 71.) The Executive Director's written response to the audit findings recommendations included in audit report No. 13311 is presented as Exhibit C. and -3- THIS PA GE INTENTIONA LL Y LEFT BLANK. -4- Par. (2) OPERA TIONAL AUDIT OF TIlE SOUTII FLORIDA WA TER MANAGEMENT DISTRICT For the Period October I, 1996, Through September 30, 1997, and Selected District Actions Taken During the Period October 1, 1995, Through September 30, 1996 BA CKGR 0 UND Authority P, ecognizing that tile waters of thc State of Florida :irc amung its basic resources, tile Florida Legislature enacted thc t:lorida Water Resources Act of 1972 (Chapter 373, Florida Statutes). ?,,s pruvidcd for in Section 373.016, Florida Slatulcs, the Legislature declared that the Satt:'s polio.,, with regard to water resources includes the folh~wing: (1) to provide lbr Ihe management of water and related land resources: (2)to promote the conservation, devclopmenl, and proper utilization of surliicc and greund water: (3) to develop and regulate dams, impoundments, reservoirs, arid other works and to provide waler storage for beneficial purposes: (4)to prevent damage from l]oods, soiI crosknl, and excessive drainage: (5)to mininfizc degradation of water resources caused by thc discharge of stormwatcr; (6)to preserve natural resources, fish. and wildlife: (7)to promote the public policy for environmental control set forth in Section 403.021. Florida Statutes; (8) to promote recreational development, protect public lands, and assist in maintaining tile navigability of rivers and harbors: and (9) otherwise to promote thc hcahh, safety, and general welfare of the people of the State. Further recognizing that the water resource problems of thc State vary from region to region, both in magnitude and complexity, thc Florida Water P, esourccs Act of 1972 divided the State into live water ntanagement districts, including the South Florida Water Management District. The l,egislature has vested with the Florida Deparmlent of Environmental Protection (FDEP) the power and responsibility to accomplish tile conservation, protection, management, and control of the waters of the State. with sufficient flexibility and discretion. to accomplish these ends through delegation of appropriate powers to the governing boards of the various water management districts, to tile grcalest extent practicable. -5- (3) (4) (5) Certain powers and duties of tile gnverning boards of thc water management districts have been set flDrth in general law. For example. Section 373.083. Florida Statutes, provides authority flDr thc g~verning boards to contract, sue and bc sued. appoint and remove agents and employees, issue orders to implement or entbrcc laws aild regulatinns, and make surveys and investigations of water supplies and resources, and cooperate with other governmental agencies engaged in similar activities. Article VII. Sectirm 9 nf the State Constitution, and Section 373.503. Florida Statutes. empower thc water management districts to levy ad valorem taxes for district purposes. In addition to tile provers and duties specifically set forth by law. Section 373. 103, Florida Statutes. detincs certain other powers and duties which may be vested in the governing boards of thc water management districts at tile discretion of thc FDEP. Such delegations are made by administrative rule of tide FDEP and, for the South Florida Water Management District. are included in Department o1' Fnvironmcnta! Protection Rule 62-113.200(12}ta)1. Florida Administrative Code. District Boundaries The geographical b{~undaritzs nf tile South I:lorida Water Management District. which arc shown on Exhibit C. are defined in Section 373.069(2)(c), Florieh~ Statutes. The District comprises all or part of Broward, Charlottc. Collier. Dado. Glades. tlendry, Highlands. Lee, Martin. Monroe. Okccchobcc. Orange. Osceola. Pahn Beach. Polk. and St. Lucie Counties. Thc District cnc(mlpasscs 17,930 square miles or about 31 percent of the State's total hind area. Organizatiottal Structure As provided by Section 373.073. Florida Statutes. the District is governed by a Governing Board whose uinc members are appointed by thc Governor and confirmed by the Senate and who are required to reside within the District. Section 373.079(4)(a). Florida Statutes, authorizes the Governing Board to employ an Executive Director to administer the District's operations. The appointment of an Executive Director must be initially confirmed by the Florida Senate. Exhibit D presents an organizational chart for tile District as of September 30. 1997. The following individuals served as thc District's Governing Board and as Executive Director during the fiscal year ended September 30. 1997: -6- Valerie Boyd, Chairntaa to 3/1/97 Frank Williamson, Jr., Vice Chainnan to 3/1/97, C'hairmaa from 3/13/97 Eugene K. Pettis, Vice Chairmao from 3/13/97 William Hammond Miriam Singer Richard A. Machek t~Flliam E. Graham Vero M. Carter from 3/2/97 Mitchell 15q Berger from 3/2/97 Betsy Krant to 3/I/97 Nathaniel 1'. Reed to 3/1/97 Samuel E. Poole HL Executive Director cio. of Resideace Naples Okeechohee Ft. Laaderdale Ft. Myers Miami Delray Beach Mianti lakes Windermere bt. Laoderdale Ft. Ixmderdale llobe Sound (6) Section 373.0693(1)1a). Florida Statutes. authorizes thc water management districts to designate areas within a district as subdistricts or basins. In accordance with Section 373.0693(I)(a). Florida Statutes. South Florida Water Management District Rule 40E-1. I07, Florida /\dministrative Code. created two basin boards within the District: the Big Cypress Basin and the Okeechobee Basin. Section 373.0693(10)(a). Florida Statutes. provides that the Governing Board of the South Florida Water Managemenl District shall also serve as the Governing Board of the Okcechobee Basin. Section 373.0693(9), Florida Statutes, provides that the Governor shall appoint not fev,,er than five persons to serve as members of the Governing Board of the Big Cypress Basin. Thc following individuals served as the Governing Board for the Big Cypress Basin during thc fiscal year ended September 30. 1997: Valerie Boyd, (~Ttairman Ex Officio to 3/I/97 $i71liam Ilantmond, (.7tairman Iix Officio from 3/13/97 CTaudia Davenport Ellin Goet; Garrett S. Richter from 5/19/97 Alan Korest from 5/19/97 A. Glenn Simpson to 3/1/97 Clifford B. Barksdale to 3/1/97 City of Resideoce Naples Fort Myers Everglades (.Ft.)' Naples Naples Naples Naples Naples -7- (7) (8) (9) The I:I)EI~ is charged by Section 373.016(4). Florida Statutes. with general supervisory authority over ;ill water management districts, as well as the authority to exercise any power authorized to bc exercised by a water management district. Section 373,026, Florida Statutes. provides that :ts a matter of State policy and to tile greatest extent possible, tile FDEP may enter into intcragcncy or interlocal agreements with any agencies, including water marmgcmcnt districts, conducting programs related to or materially affecting the water resources of thc State. According to South Florida Water Managemcnl District records, one contract totaling ..535.314 existed between the FDEP and the District during thc riscal year ended September 3('). 1997. This contract provided bench elevations to water level gaging stations that arc used Ibr phosphorous load computations. Serf ace Water Improvement and Management Act Sections 373.451 through 373.4595. Florida Statutes. created the Surface Water Impr()vemcnt and Management (,SWIM) Act and established processes and criteria for the water management districts to develop and implement plans and programs fi:ir restoring and protecting priority water bodies of regional or Statewidc significance. Thc FDEP hits central responsibility for rcvicxving and approving priority lists, reviewing and approving water restoration and protection plans, and administering thc release of funds from thc Ecosystem Management and Restoration Trust Fund. The FDEP releases SWIM moneys to the District following receipt of a request from thc District's Governing Board ccrtil~,mg that the money is nccdcd for detailed planning tot. or implementation of. pi:ms approved pursuant to Sections 373.453. 373.455. and 373.456. Florida Statutes. The District's Special Revenue Fund is used t,,~ account for tile SWIM program. For tile fiscal year ended September 30. 1997. thc District reported expenditures totaling S2.223.133 for the SWIM program. Land Acquisitions Section 373.59(1). Florida Statutes, established within thc FI)EI' tile Water Management Lands Trust Fund (WMLTF). The WMUI'F is a nonlapsing fund whereby moneys are continually appropriated for the purposes of land acquisition, management, maintenance, capital improvements, payments in lieu of taxes, and administration of the WMLTF. The Legislature appropriates a lump-sum amount from the WMLTF tbr use by each of the State's -8- (10) (11) five water management districts. The FDEP calculates eacll district's share of tile lump-sum appropriation based Oll percentages cstahlislled ' ', ' ~ In Section ,~73.59(8). Florida Statutes. The FDEP reported a balancc available itl thc WML'I'F for the South Florida Water Management District of $17.403.257.85 at September 30. 1997. fro' the purposes of acquiriug lands necessary lbr water management, water supply, and the conservation and protection of water resources. The District may usc its annual allocation of the WMLTF appropriation as provided i~l Section 373.59(8)(a). Florida Statutes. lbr management, maintenance, and capital ixnprovcments ou thc lands. Pursuant m Section 373.59(2)(a). lqorida Statutes. thc District had prepared and filed with tim I,egislaturc and thc Secretary of the Fl)liP a five-year plan of Jand acquisitions. During file fiscal year ended September 30. 1997. thc amoum disbursed from file District's allocation of the WMLTF totnled S20.291.754.46. Scctitm 375.045. t:l~rida Slatulcs. created the l:lo~ida l'rcscrvation 2000 Trust Fund within thc f:Dt.~I' to carry out thc purposes of Sections 259.032. 259.101. and 375.031. Florida Stalulcs. Section 259,101(3)(b). l:lorida Statutes. provklcs that 30 percent of the moneys in lhis Fund is to bc distributed to the FDEP fi~r thc purchase of water nmnagement lands pursuant to Section 373.59. Florida Slalulcs. and iff lo bo distributed among thc water management districts. During thc fiscal year elided September 30, 1997, disbursements from the Florida Preservation 2~0 T~st Fund to linc South Florida Water Management District totaled S22.079.055.18. (12) Everglades Construction I'rt~_e_f_t The Florida Legislature passed the Everglades [:orcvcr Act (F, FA) in February 1994. Thc Act outlines the framework for thc restoration of thc Florida Everglades. There are seven (7) major clements, which constitute tim Everglades l'rogram. These elements are: Everglades Constn~ction Project: llydropcriod Rcstoratkm: Research and Monitoring: Regulation: Exotic Species ControI: Funding: and Annual Progress Report. The District and the FDEP have developed prqjcct management plans within the seven clements to comply with thc EFA. -9- (13) (14) (15) (16) According tn tile 1997 Everglades Annual Report. prepared by the District. tile EFA outlines a comprehensive plan to restore a significant portion of the remaining Everglades ecosystem through land acquisition, constmctiun, research, and regulation. The general goals are to improve water quality and quantity (hydropcriod) and to prevent tile spread of exotic species. Chapter 97-258. Laws of Florida, created a Joint l,cgislativc Committee on F. verglades Oversight effective July 1. 1997. This Committee is rcsponsiblc for monitoring all funding and expenditures, agrccmcnls, schedules of projects, land acquisitions, and plalls for acquisition, permits, and permit modifications associated with thc implementation of thc EFA. As part of thc I'Svcrgladcs Construction Project clement, the District completed construction of one of seven stormwatcr treatment areas (STAs). I.and acquisition fi)r a second STA was to have bccn completed by Jul.',' I, 1998: however, according to thc Director. Construction and I.and Management. the District had not completed Ibc land acquisition by the July I. 1998. deadline because of delays in receiving Federal funding. As of July 21, 1998. all parcels tbr the second STA had been acquired or prcscnlcd t,.) tile Board for approval, had offers pcnding, or were being appraised. Approxinlalely 47,250 acres arc needed for the Everglades Construction Project to construct tile WI'As and the hydroperiod restoration projects. The District acquired 13.727 acres of hind in 1997 for tile Everglades Construction Project. District financial statements for the year er~,,led September 30, 1997. reported total expenditures of S40.047.043 in tile Everglades Trust Ftmd. Of this total, $30,508,961 was identified for Construction and Land Management. Our ;radii included a review of three land acquisitions totaling 6.829 acres made as part of thc Everglades Conslrt:ction Project. These three hind acquisitions totaled S15,926,478 or approximately 52 percent of total Construction and I.and Management expenditures. ()tlr findings relative to these acquisitions are discussed under thc subheading Land Acquisitions. Related Audits Our audit did not extend to an examinatkm of thc District's financial statements as of and for the fiscal year ended September 30, 1997. On January 29, 1997, this Office issued audit report No. 13138. with accompanying general purpose financial statements of the State of -I0- Florida as of and for the fiscal year ended June 30, 1997. The District is a component unit o£ thc reporting entity of the State of Florida. The financial information relative to the District was included by the State Comptroller in thc general purpose financial statements that accompany that report. (17) Thc District's financial statements and Federal awards administered by the District for the fiscal year ended September 30. 1997. were audited by a certified public accounting firm and the audit reports are on file as public records in tile District's office. -11- STATE OF FLORIDA AUDITOR G I-:N ERAI, October 5. 1908 (18) (19) (20) REP 0 R T O/V COAIPI. DI NCE A ND I:V TER/V,.I L C0,'¥ ~17 0 L South Florida Water Management District (District) management is administering numerous water management-related wograms, activities. responsible for functions, and classes of Ir;Al]S:.IClioIlS ill uccordance with governing provisions of ]ax~s, administrative rules, and other guidelines. :\clclitional]3. the proper administrati{m of public funds requires that management establish and maintain internal control to provide reasonable assurance that specificcntit5 objcctivcswill bcachicved. Tbe Auditor General. as part of thc Legislature's oversight responsibility lbr operations off governmental entities, nlakcs operational audits to determine thc extent to which D/strict management has fidlSllcd those responsibilities. Thc sec)pc of this audit Ik~ctlscc] primarily on thc l)istricl's expenditures and related activities. Our audit included examinations of various expenditure transactions las xvcl] as events and conditions) and related District actions during thc period October l. 1996. through September 30. 1997, and selected District actions taken during thc period October 1, 1995, through September 30. 1906. Wc c~mductcci our audit in accordance v, ith generally accepted auditing standards and applicable standards contained in Govert~mettt Attditbt~, ~S¢attdarffv issued by the Comptroller General of the United States. ()ur audit o}2icctivcs lbr thc programs, activities, fimctions. 'lo cvaluatc the District's pcrlbrmancc m administering its assigned responsibilities in accorduncc x'.ith app]icable ]a,.vs. administrative rules, and other guidelines. To determine the extent to :vhich tile District's internal control, and selected relevant controls, promotes and encourages thc achievcn~cnt o1' managcmcnt's objectives in thc categories of compliance with applicable laws, admildstrativc rules, and other -12- (21) (22) (24) guidelines: the economic and efficient operation of thc District; thc reliability of financial records and reports: and the safeguarding of assets. · To determine whether tile District has corrected, or is in tile process of correcting, all deficiencies disclosed in tile print audit (report No. 12821). As a part of our audit, we exanliilcd, on a test basis, evidence supporting transactions (as well as events and conditions) which occurred: pcrfi~rmcd analytical procedures: reviewed managemcm's administrative constructions of law: and performed such other procedures as wc considered necessary iii thc circumstances. Our objective was m evaluate management's compliance with significant provisions of laws. administrative rules, and other guidelines governing those programs, activities. Functions, and classes oF transactions within thc scope of audit. Ilowcvcr. providing ;in opinion on compliance with those provisions was not an objective of our audit. Thc results of {)ur tests of compliance indicated that. with respect to the items tested, the District had generally complied with the si,gnifican[ provisions of laws. administrative rules. and (3thor guidelines governing those pr,~grams, activities. Functions. and classes of transactions within the scope of audit, Matters conlJllg to our attention relating to noncompliance with various guidelines fnr those operations audited are noted in the I:TNDINGS A ND RECOMMENDA 170NS section oF this report. In phmning and perFolming (~ur ;radii. wc considered Ibc l)istricl's internal control relevant to those programs, activities, Functions. and classes of transactions within tile scope of audit. Our purpose in cm~hidcring internal control was t~ dctcrnfinc thc nature, timing, alld extent of substantive audit tests and procedures necessary to thc accomplishment of our audit objectives, not to provide assLlrancc on internal colltro}, Wc ~loted certain matters involving tile design and operation of thc District's hltcrnal control fllat x~e c~mxidcr to bc reportable conditi{ms. RCl)Ottablc conditi~ans involve ulatters coining to our attention relating to significant deficiencies ill tile design or operation of internal control that. in our judgment, could adversely affect management's assurance of compliance with applicable laws. administrative rules, and other guidelines; the econmnic and efficient -13- (25) (26) operation of tile District; the reliability of linancial records and reports; and thc safeguarding of assets. Those matters coming to our attention for tile programs, activities, functions, and classes of transactions within tile scope of audit arc noted in thc I'7NI)INGS AND RECOMMENDATIONS section of this report. A material v,'cakncss is a condition in which tile design t)r operation of one or more of the internal control components docs not reduce to a relatively Iow level the risk that operating deficiencies, material in relation to tile financial records and resources of the programs. activities, functions, and classes of transactions being audited, may occur and not be detected within a timely period by employees in thc normal course of performing their assigned functions. Our consideration of internal control would not necessarily disclose ali matters in tile District's internal control that might be reportable conditions and, accordingly, would not necessarily disclose all reportable conditions that arc also considered to be material weaknesses, ttowever, we believe none of the reportable conditions described in tile FINDINGS AND RECOMMENDATIONS section of this report is a material weakness. This report is intended for tile information of the Legislative Auditing Committee, members of tile Florida Senate and tile Florida ttouse of Representatives. and applicable management. Copies of this report are available pursuant to Section 11.45(7), Florida Statutes, and its distribution is not limiled. Respectfully submitted. Charles L. I.e.,ster,· CPA Auditor General i -14- (27) (28) (29) FINDINGS A ND RECOMMENDA ITONS Expenditures - General Considerations A statutory entity, such ils thc South Florida Water Management District (District). possesses only such power and authority ils is expressly granted hy law or necessarily implied therefrom in order to carry out lin expressly grained po,,vcr and. il' there is reasonable doubt ils to thc existence of tile power, thc further cxc~cisc of ibc power should be arrested. Consequently, tile authority for expenditures must be found itl expressed provisions of law or necessarily implied therefrom in order to carry out an expressly granted power. The authority f.r District officials to cxpend moneys is sci Ibrth itl various provisions of the Florida Statutes. particularly Chapter 373. Florida Slatutcs: however, the discretionary authority to expend the public moneys appropriated for accomplishment of thc District's purposes is not unlimited. Expenditures must. to qualify as authorized expenditures, be shown to be authorized by law: reasonable in thc cJrcumslances and necessary to the accomplishment of thc authorized purposes of tile governmental unit; lind in thc pursuit of a public, rather than a private, purpose, These limitations require Dislrict officials seeking to expend public funds of the District to identify thc authority relied upon for the contemplated expenditure and to adequately describe how tile contemplated expenditure will further an authorized purpose of tile District. Thc ctocunlentation of lin expenditure in sufficient detail to establish tile authorized public purpose served, and how that particular expenditure serves to further the idcntil'ied public purpose, should bc prescm at the point in time when the voucher is presented to the officials empowered to make thc payment of pnblic funds. To provide documented assurances that District expenditures are for authorized public purposes. District management is responsible for establishing and maintaining internal control, including thc adoption of sound accounting practices, that ,,,,'ill provide for the proper recording, processing, sunmlarizing, and reporting of financial data. Internal control should include an accounting system to identify, assemble, analyze, classify, record, and report transactions and to maintain accountability for thc related assets and liabilities. To provide reasonable assurance that District objectives will be achieved, internal controls should be under ongoing supervision and review hy District management to determine whether they are -15- (30) (31) (32) (33) operating as intended and fire modified as appropriate fl~r changes in conditions. During the 1996-97 fiscal year. the District reported actual expenditures totaling 5294,820,524, for its gm,'ernmcntal fund types. The nature of our audit required that we fi)rm judgments concerning the propriety of District expenditures. Our uudit included an examination of thc policies, procedures, and records inherent ii1 thc accounting system, insofar as they pertain to expenditures of the District. Our audit disclosed some expenditures for wltich tile authorized public purpnse contemplated to be served by thc expenditure had nnt been established of record and which were not adequately documented to demonstrate that the an'mums expended were reasonably determiucd in relation to tile goods or services acquired. ()ur audit also disclosed internal control deficiencies related to the accumulation or retention of documcntatiou to evidence the authorization, approval, alld propriety of various categories of expenditure transactions. Our detailed findings and rccmmncndatk)ns concerniug noncompliance with governing laws. administrative rules, and other guidelines, as well as those detailed findings and recommendations concerning deficiencies in the design or operation of internal control for expenditures, are presented tinder appropriate subheadings below Budget Administration Re#orting Requirements District reports of budgeted and actual expenditures for the 1996-97 fiscal year did not provide a comparison nf budgeted and actual expenditures (and corumitments) by governmental fund t2,l?_C_ and_d ]?_u_rpose ;ts specified in ScctJ()n 373.536(I ). Floridu Statutes, for Section 373.536(1). Florida Statutes, requires each water management district to submit a proposed tentative budget to its governing board of directors by July 15' of each year and to hold a hearing by and beIk;re the governing board to adopt the final budget. The budget is required to set forth, classified by object and purposc, and by fund if so designated, the proposed expenditures of thc district for honcls or othcr debt. for construction, for acquisition of land. for operation and maintenance of the district works, for the conduct of the affairs of -I6- the district generally, and for other purposes, to which may be added an amount to be held as a reserve. Section 373,536(4), Florida Statutes. also provides that: The final budget for the district will be the operating and fiscal guide for tile district lbr the ensuing riscal year: Ilowe,.,er. transfers of funds may be made wiflfin thc budget by action et die governing board at a public meeting of Ibc governing board. Sboukl die district receive unanticipated funds alter thc adoption of tile final budget, tile final budget may be amended by includmg such funds, so krug as notice of intention to amend is published one time in one or more newspapers qualified to accept legal advertisements having a combined general circuhttion in thc counties in thc district. (34) (35) (36) 'Fbc District pursuaut to Section 373.536(5)(c), fqorida Smmles. shall by August 5th of each year. submit to thc Florida l)cparm~ent of l']nvironmenml Proteclion, lhe l~xecu/jve Office of ll~e Governor. and d~c chairpersons of d~e appropriation commiuecs their review, a tclllatlvc budgel lb;II includes, in part, for each program area. tile salary and benefits, expenses, opcraling capitol oullay. $lulllbcr et aulhorizcd positions, ;md other personal services for tile preceding fiscal year and tim current fiscal year. and die proposed amounts R)r thc upcoming fiscal year. Addilioually, d~c District is to submit n five-year capital improvement plan. Section 200065. Florida Smmlcs. requires that publi~_ hearings be advertised and held prior ~o the adoption of thc rinal budget. Thc District's budget fro' thc 1996-97 riscal year, was adapted on September 24. I996. During {be 1996-97 tiscal year. one budget amendment was approved by thc Governing Board and incorporamd into thc final budget. In audit report No. 12821. paragraphs 45 through 50. lbr tl~c 1994-95 fiscal year, we noted 12 iustances totaling S839,174.41, in which reported expenditures and commitments classified by object ,.vitbiu fund aud purpose as specified in Sccti(m 373.536(1), Florida Statutes. exceeded the approved budgetary autbority. Thc Executive Director, in response to that finding, stated that the statutes do not prescribe the level at which funds should be controlled and that the District established a level tfighcr than the object level. We -17- (37) (38) 1 rcconmmndcd that tile District propose to tile Florida l,cgislaturc appropriate changes to thc law if it felt that another level of budgetary control would be more appropriam in view of thc operating practices of thc District. In our current audit for thc fiscal year ended September 30. 1997. v,'c requested that Ibc District provide us with a comparison of budgeted arid actual expenditures (and commitments) by ?vcrmncntal fund type. purpose, and object as spccitlcd in Section 373.536(1). Florida Statutes. In response to our initial request, thc Director of Accounting and Financial Services provided us with a copy of the District's Budgetary Control Report (A702). Thc Director stated that this report "conforms to thc budgetary control policy and the way we report." The A702 presents a comparison of budgeted and actual expenditures (and commitments) by govcrnmemal fund type and dcpartmem only for the Salaries and Wages and the Capital Oullay object categories. Contractual Services, Commodities. and Current Charges object categories were combined and reported as Operating Expenditures, In response 1o our follow-up request Ik~r a breakdown ~}~ opcraling expenditures into Contractual Services. Cmnmoditics. and Current Charges object categories, the Chief Financial Officer. Office of Financial Management. slated that the A702 "sets out a comparison of budgeted and actual expenditures (and commimmnts) by individual fund. This report also classifies expenditures by purpose including those specifically identified in Section 373.536(I). Florida Statures. as well as those nm spccifically identified in tile statmes." itc further slated, "Thc Executive Offices (all ofliccs) and the Management Services I)cpartmcnt combine to represent the 'conduct of thc affairs of the District generally' category. This report also sets fl~rth budgeted and actual expenditures by object consislcnt with statutory requirement and Ibc Goveruiug II~mrd resolution adopting the FY96-97 budget.- While Ibis report sets fl~rth budgeted and actual expenditures by object ['or certain categories and may be useful in managing and controlling District expenditures, it does not provide a comparison of budgeted and actual expenditures (and cmnmim~cnts) by governmental fund type and purpose as specified in Section 373,536(1). Florida Statutes. for all object categories. 'Fo facilitate the budgetary comparisons, wc recommend that the District revise -18- (39) (4O) (41) current budgetary reporting procedures to comply with the specific rcquircmcnls of Section 373.536(1), Florida Sta utes. Land Acquis~_o_!~_~ Section 373.139(2). Florida Statutes. authorizes the governing board of the district to acquire fcc title to real property and casements therein by purchase, gift. devise, lease, eminent domain, or otherwise for llood control, water storage, water management, and preservation of wetlands, streams, and lakes, except [bat cnlillcn[ dnlllain p{)wcrs Illay bc uscd only for acquiring real property fi)r flood control and water storage or fi)r curing title defects or encumbrances to real property to be acquired from a willing seller. Section 373.139(5), Florida Statutes. provides that acquired lands may be nscd for recreatkmal purposes and whenever practicablc such lands shall be open to thc public for recrcatkmal purposes. As discussed in paragraphs 9 through II. Sectious 373.59(I) and 259.101(3)(b), Florida Slatulcs. aufl~orJzc Water Management l.ands Trust Fuud moneys and Florida I'rcservalkm 20~ Trust Fund moneys Io bc used for thc acqtlisition of land. I,and acquisition costs constituted a large portion of Ibc District's budget and the District reported land acquisitions totaling approxilnately $I08 million tilr tile 1996-97 fiscal year. Our review of District procedures fl~r tile acquisition of land disclosed that appraisals were obtained by thc District and thai appraisers were selected by tile District in accordance with l)cpartmcnl of tinviromncnta} l'rotcction Rule 62-402.O30(5), Florida Administrative Code, and District Policy 4.000-I,and Acquisition. lira. rover, our review of selected land acquisitions disclosed tile fifllowing dclicicncies. Land Acquis#ions itt lircess qf App_r_aised Value Ou-r--rcyj-cE'. °l;-D-!'-s!ric. L_!?_c_l_?_s:.qujs!l.!~5.d!sc_[9.sFd s~?m!!_!lcsluisilions where tile purcbasc price cxcccdcd Ibc approved appraised value by a .s_i~nifJcant amount and the public records of the District did not adequately document tbe basis relied upon by the District in agreeinf, to pay ammmts in excess of the appraised value. Absent this information in the public records of the District. thc publi~_~an~L~k. F2~k~_~aflypjed [Ig~j~on~ r~arding the actions of District officials. -19- (42) As a part of our audit, we reviewed ten land acquisitions totaling approximately $80 million made hv thc District during our audit period. For six acquisitions, the purchase price exceeded the approved appraised value by a significant amount and there was no documentation in the public records of thc District }o justify the basis relied upon by the District in agreeing to pay amounts significantly in excess of tile appraised value for these acquisitions. These acquisitions were as follows: Property .,',,CtlUi r cd Appraised I'urchasc Excess Value }'rice Amount Pcrcem Williams Ranch ProperD' t 1 ) Lykes Brothers Property (I) Larry G. Carrnll Property ( I ) S¢',uthpori Ranch Properly Montsdcoca/Farrish Property Sopcr/Modahl Properly Total 1,940,000 5 2.177,640 $ 237,(~.0 12.25% 9,770,000 11.630.838 1,860,838 19.05% 1,762,000 2,118.(XX) 356,000 20.20% 1,786,500 2,250.000 463,500 25.94% 2.361.280 2.8(,0.(,,40 496,360 20.99% 2.183.000 2.561.493 378.493 17.34 % 19.805.780 S 235~8611 $ 3.792,831 Nolc: (Ii t\cquisilions inadc ;ts parl t)f ibc E'~erg[adcs C'onMruclion I~rogr;tm. (43) (44) In response to our request for documentation to evidence thc basis relied upon by the District in approving these acquisitions, the District's Deputy l)ircctor of Construction and Land Management stated that the lack of docnrncntation was not an oversight but rather tile result of their concern over how to kccp settlement information confidential and out of thc hands of potential sellers. Notwithstanding the Director's concern that disclosing the reasons for the decision to proceed with a sale for an amount in excess of appraised value might place the District in a disadvantage when negotiating future acquisitions of land. the District has a responsibility to the taxpayers of 1his State in expending public funds entrusted to it to disclose all relevant lhctors involved in the decision-making process. Absent this information in the public records of tile District. the public cannot make inl?~rmcd decisions regarding the actions of District officials. Adequate documentation in this instance could take tile form of a written narrative of all the considerations that support a settlement amount. The components of such documentation could include the rclevant parcel details, the factors considered in the settlement, and the reasoning used in arriving at the settlement amount. This information would support the -20- (45) settlement mnount as being reasonable, prudent, and in tile best public interest of tile District. 'File cxtcnl nt* thc written documcnlatJoll should bc consistent with tile situation. circUlllSlitllCCs, filial thc ilnloLlllt or' lllOlley involved as dcterlnined by District personnel with final approval autht~rity. Wc rcct~nlmcnd that thc District Iakc thc steps necessary to provide sul-I'icient infi*rmatitm in ils public records to adcqualcly disclose the factors i-clied upon ill arriving at lhe dccisitm to make the :lbilVC-ll(~led acquisitions il1 :ImOUlltS ill excess appraised value. Lair Maxcr Acquisition Thc Nature Conscrvancv ('I'NCI acted :ts the District's ~l,z~t_in_Lkc. g~liating tile $34.5 million a_Ecquisitip_?__?.['_t_~5?2_p:~rccls nf land: however, the District was unable to provide a signed a,2rccmcnt which established the responsibilities off the District and TNC in each of these (46) (47) acquisitions and did m~[ maintain dt)ctmlcntation it) dcmm~strate compliance with aEplicahlc J.{tws._rulcs: coD!?ctt.!;!J_?E~p;~ :ij~_d_mm_d_ _b_~:.Lsj_nEs~t',£~cticc5. Thc District acquired a tract of land known :is tile I,att Maxcv property, which consists of a "River Parcel" and a "Prairie Parcel." at a total cosl ~ff apprnximatcly S34.5 million (approximately 76 percent was paid by thc St;itc and approximately 24 percent was paid by the District). Thc River Parcel consists of 11,674 acres situated akmg thc Kissimmee River in Osccnla and Okccchnbcc Counties and wiis acquired itl July 1996 fi)r approximately S12.3 millitm. Thc District him i*btaincd an appraisal dated Jantlary I. 1996, with an estimated value t)f 511.150.0(X) Iht thc River Parcel. Thc Prairie Parcel consists of 38,313 acres k~catcd cast of thc Ri~cr Parcel and entirely in Okccchnbcc Coullty. Thc Prairie Parcel was acquired in March 1997 {'or approximately S22.2 milli(m Thc District had obtained an apprais;d dated July 25. 1995. with a~l csii~natcd valt~c of 524.600.000 lbr thc Prairie Parcel. Thc Nature Ctmscrvancy (TNC). a nonprrfl'it c(~rpt~rafion which undertakes conservation projects involving land acquisitions with government agencies and uther nonprofit partner organizations, notified the District in November 1994 that TNC had initiated discussions with the Latt Maxcy Corporation concerning thc sale of various properties owned hy this corporatMn including thc Prairie Parcel. I)istricr/ correspondence indicated that TNC -21- (48) (49) (50) subsequently acted as the District's agent in the negotiations t(~ purchase hofll the River and Prairie Parcels. The District and 'I'NC executed an Assignment of Agrccmcm For Sale and l)urchasc for the River Parcel on February 15. 1996. :md for the Prairie t>arccl on April 11. 1996. These agreements essentially transferred thc purchase option acquired hv TNC to thc District. These agreements ~tls,~l cslahlished the lkzes It) be paid TNC ']'NC w:~s patti a fcc ot- S60,506 for the River Parcel and $155.000 for thc Prairie Parcel. ,,\cc~/rding lo District pcrsonncI, there was [~) other l()rn~al contractual arrangelllcllts between the District and TNC concerning thc responsibilities of thc parties in the acquisition tit these two parcels. We located an unsigned document entitled "MI ri,TI-PARTY ACQUISITION AGREEMENT" /dated July 16. I995) which idemificd thc Dislrict and TNC as thc contracting parties and included provisicms which identified thc parcels covered by the agreement: specified appraisal preparation responsibilities of thc pi,tries: assigned rcvicw. approval, and utilization of appraisal responsibilities: ctmtainecl a c(mfidemiality clause: and specified thc various uther responsibilities of thc parties revolved in these acquisitions. However. the District was unable to provide us a si?cd agreement containing such provisions. The District was also unable to demonstrate th:~t il ,)brained. reviewed, and determined that thc rcct>rds maintained by TNC supporting thc ncgr)tiations, subrnission of disclosure affidavits, and confidentiality of appraisal infi)rnlation and negotiations for this land acquisition ,.;'crc in compliance with applicable laws. rules, contractual terms, and good business practices prior to recommending the purchase to tilt- Governing Board. We rcconlnlcnd thai thc District develop appropriate pi'~ccdtH'c5 1o d(~cumcnt and cilst~rc that land acquisititms made by oonprofit organizations arc made in c{mlpliance with applicable Iaws. rules, contractual terms, alld good business pracliccs prior to recommending such acquisitions to thc G~,.'erning Board. Wc also recommend that for any future acquisitions where the District intends to use a nonprofit organizati(m ill the acquisition process, that the District enter into a contractual agreement with thc other [)arty which clearly identifies the responsibilities tit' each party. -22- (51) (52) Our review ~d' District rcc<~rds pcrt__ai_n_i!~__t2 the acquisition of the Prairie Parcel at a cost ot' aj2proxm~atclv 522.2 million disclosed that District records did not adcquatcly cxplain thc basis relied upon by tm Govcrnine Board in apprt vin~/ Ibis accuisition Neither thc ~praised value nor thc purchase price of the pr(~crtv was adjusted as a result of significant estimated cleanup costs rcsuhinu from thc discovcrx that thc.pi?petty had been used as a Prior t(, tile chasing on the Prairie Parcel. thc District hired a consultant to perform an environmental audit in June 1996. In September 1996. tl~e District's Senior Environ~ncntal Engineer i~sucd a memorandum which described his rcvic~ of this environmental audit. In this mcmor:mdum, thc Senior lmvironn~cntal Engineer slated. "During military training opcratJmls, a wide tarJclv of ol'dllilllCC lll;IV have bccn expended on [he property. Ordnance from ground based wcapt}ns include Icad. brass, stcc] and c,~ppcr rounds from rifles, anti-aircraft guns and 105mm artillery cam~ons, l.argc variclics of bombs were reportedly dropped ['r'onl aHcratl including Ilia/l) tit' which kkCrC lutalj5 experimental. Ordnance dropped from B*17s. B-24s. and B-26s were alit'coted itt specific targets, but coukl have [alldcd i1[ l'andolll dl~oU?lOm lilt bl~HlbiHg F;l[lgC /[ rcccntl5 cmnpmclcd (]raft Archive Search Rcpml indicates that in ;mddilJon to Ibc ah{we described ordnance, chcnlica[ warfare agcnl (live mustard) was used in a training cnvironnlcnt al Ibc site [lnlil thc site is deemed clear fi)r usc. thc site is considered impacted by hazard{ms n~alcria[ Based on dmso findings, thc District sNmld implement a 'no dig' policy acr~ss tlmsc River Parcels and thc Kissimmcc PraiFic Pal'cc] h,catcd m Area 5." 'ibc /Mchivcs Sc:Hob Rcp~)l't referred to was a report from d~c [hfi[cd 51;,cs Army Corps of Engineers dated May 1996. iitlctl Arch/vex Search Rel)m7 C(mc/u.w(ms wu/ Recommendazion.~ This l'cpor[ Doled [Jla[ the Prairie Parcel site was formerly used by thc United States Army Air ('re'ps as a praclicc bombing range during World War Il. Thc rcpon covered approximately I Il.OOOacres in Okeechobee, Highlands, aud Polk (gutnllics xkhich included thc cnllrc l'ratric Parcel Thc District's Senior ILnvirmmmntal ILnginccr further stated. "Ir'thc District pursues purchase of lands situated within Area 5. it is recommended that thc draft Archive Search Report be reviewed in detail to idcmify [he ordnance ntilizcd at thc site and identit}' those isolated areas (or ranges) where these hazards arc most likely to be fimnd. Additionally. thc District should pursue (53) (54) reevaluations (~1' thc ri~nking based i~I~ Ill,dings of thc ~\rchivc Search Report to include chemic~d warfare and intended modifScations t~, site usage and exposure. These higher ~itc clean-up pri~rity" Suhscqtlcll[ tll thc I)istrict's Scni,r JLilvironlncnlal }in?nt'cr"s rcc~mlncndati~,s, thc consultants who performed thc cnviroumcntal audit lot thc i)islrict provided a cost estimate ranging from S4.7 t(~ S11.6 million ~o c(~mplctc tmcxplr~dcd ~rdnancc siic clearing activities on a limiicd area within thc I)rairic l~arccl. Thc wid[~ r:~ngc fron~ S4.7 million to $11.6 million is attributable to thc amouat alld mcth{~d ~1' clearing. Ncilhcr amount clears the entire property but rather si)mc designated areas {'t~r p{~lcnlial trails ;uld misccllaucous park buildings. Thc District also attempted to ,~btain a higher priority r:mking lBr Iht site cleanup from thc [federal agencies charged wilh this rcsp{~[~sibilily. II(}wcver. based oa Thc Diqrict pr~*vidcd certain int'ormali~ relati,.'c I~ Ibis discard, cry Io thc appraiser. ttowcvcr, thc District did nt~t t~btain a~ updated appr/tis:~l t~) cYaJtlalC lilt possiblc effect on the appraised value ~f thc property after it was disc~vcrcd that thc pr{~pcrty had been used as a bombing range. In ;~ letter dated l:chruary 12. 19<;7. Ibc ;~pprai:;cr stated that he had reviewed thc (lat:t pro~Jdcd [t~ hiln concerning "thc discovery of unexploded coilvclltiona] ordnance fl~und ~ that par[ of thc Lair Maxcy Rai~ch bci~lg sold [o South Florida Water Nhnagcmcnt District and the Stale of Florida." As to thc cfi'cci this information would have tin his value csiilllitic. [lC stated. "I1' thc lift}perry is c]CinlCd up ill a rcasollllbJc alnoUlll oJ' time. thca it is in5 opini{>n that there should be little, it ;~nS. ~np~lct on thc value of thc pr~pcriy. Ot, vit~usI>, thc Clicker thc pr~>l)crty is c]c:l~c,.l tll~ - thc less imp;icl. Conversely, thc longer it takes t~ clc;~r thc pr~pcr~y ~l' ordna~cc- ibc in~rc adverse inlpacl should be cxpcclcd on value." Thc appraiser Ihrthcr stated. "With(~ut knowing a time table of when the property is to bc c]c:~rcd of thc ordna~ce a~ld thc aalotiilt {~l acreage Ih;it will be converted from native land t(~ improved pas[urcJand, il would bc imp{~ssiblc for mc to quantiI~ the impact on value of these new findings." -24- (55) (56) (57) The District's Governing Bnard approved thc purchase of thc Prairie Parcel on April 15, 1996. and tile transaction ,,','as finalized in March 1997. The Board of Trustees of the Internal Improvement Trust Fund (the Governor arid Cabinet). ¢~n March 1 I, 1997. approved the acquisition of the Prairie Parcel. Included in tile information provided to the Board of Trustees was a Staff Remarks docurnent that stated. "Thc I)istrict. along with the Divisions of State l,ands and Recreation and Parks. have evaluamd tile pt)tent)al risk associated with this aCCluisitit~ll. This cvaluation included con','crsiltions with thc environmental colltractor as well :ts a private t~rdnancc expert. Staff hits dctcrmiacd that the risk associated with ownership of this property is a manageable risk. A combination of avoidance, education and limited clearance will allow limited public access to and use of the property until a more comprehensive evaluation and clcanup can be conducted." Thc Staff Remarks also included thc t'~ll~}x~i~lg. "Whilc acquisitiml of this property will prcscm certain risks, staff believes these risks can bc adcquatcl5 managed to all(/w the property tr~ bc used safely by thc public. Il is staff's loci)ag that lite size of this parcel together with tile exceptionally high quality resources found on site warrant assuming a level of risk bey(md what might otherwise be acceptable." Notwithst;mding thc information presented to the Board of Trustees its discussed above, our review ~1 District rcc~rds pcrlai~ling Io thc acqu~silio~l (~I' thc I'rairic t>arcel at a cost of approximatcly S22.2 million disclosed that District rccr~rds did not adequately explain basis relied uprm bv thc Governing Board in appr(~ving this acquisition. More specifically. thc factors considered as they relate to thc discovery that thc property had been used as a homhing range, thc potential thal uncxpk~dcd {~rdn;tocc existed t~r] thc properly, cst)mated no~i~dcqua[elyexp]aincd in thc public rccords of thc District. I:urlhcrmorc. Districl records did no[ indicate whether or not any attempt was made by cilhcr the District or TNC nc?tiarc a reduced purchase price as a rcsuh of this dcvcl(*pmcnt. The River Parcel was included in the District's ph~nned acquisitions :)nd was necessary fl)r successful completion of thc Kissimmce Rest~ration Project. Thc Prairie Parcel was a discretionary purchase and. as such. the District had the option of either delaying the Prairie Parcel acquisition until more information could be obtained relative to the effect of the -25- disco,.,cry of the bombing range mi the value cstimalc (~1 fl~c prt~pcr'D' t~r not purchasing thc Prairie I'arccl. Thc Governin~ Board in arriving at its clccisi(m to proceed with lira purchase should have adequately disposed of all these factors. }~._.[g?n}~mn~ that thc Governing Board enter into its public records sufficient information t{~ :~dcquatcly explain its decision to pn~cccd wilh this acquisititm and. in so doing, addrcss each ,q' thc c~mccrns identified atmvc. (58) The Executive Director, in his v,'ritten response to this finding, stated that tile District's public records contain all factors relevant to the Prairie Parcel acquisition and that the Governing Board was presented with information on at least six occasions evidencing that the issues surrounding the property were thoronghly considered by the Governing Board. The Execntive Director further stated, with regard to the environmental issue, that tile (;overning Board was advised of tile cost of the clean-up a~ld the landuwner was not responsible for removing any uuexploded nrdmmce :md would not be reimhursed for an5 clcaIl-up COSTS incurred. The Executive I)irector staled that, ill view o£ these ~aCtS. there ',~as no attempt made to renegotiate the purchase. (59) Our review of the documentation provided hy the Executive l)Jrector, which had previously beea reviewed during lhe andit field work. did m~t disclose any additional i~[orln;ltion relatin~ lo tile impact of the environment;d cm~cerns on the fair market value of the property, which serves tm the hasis for the negotiation of a purchase price and is estimated through the acquisition of independent appraisals. The point of our finding is that, in the ahsence of appraisals that considered the impact of the environmental concern relating to the unexploded ordnance, the (;overning Board did not have an adequate docnmented basis fl}r ue~oli;llin~ lhe pm'chase price of the property. It is apparent that tile (;ovcrni~lg Bnard was aware of. and discussed, the environmental concerns related to the unexploded ordnance and consnlted with tile appraiser as discussed in paragraph 54: however, District pnhlic records do not indicate the basis for the decision not to attempt a renegotiatiou of the purchase price. (60) Commtttticatiott E.rDelzdilttres The District did not maintain telephone Io~s or other reconls to d()cmnent tile authorized public_purpose of d(_.2nDe~stic hm~-distancc telephone calls billed m the District during tile -26 (61) (62) (63) fiscal year ended Seplember 30, 1997. In adclition, cellular telephonic and calling card billin~verc noLrcv_!~,,_~Td and__!!ppmvcd .by.. the users' sup_c_uv_!EL~. 'File District's communication system included participation in tim SUNCOM Network which provides c~mmnmication services to State agencies, political subdivisions, municipalities, and nonprofit corporations, pursuant [o Section 282.1(')3. Florida Statutes. Also. tile District utilized independent vendors fl)r local, long-distance, and cellular telephone services. During thc fiscal ,vcar ended September 30. 1997. the District recorded $1,024.695.15 for communication expenditures. Thc District had implemented Celhdar lq~one Guidelines during thc audit period which included a rcquircmcm for thc users and their supervisors to review and certify thc monthly cellular billing 51alcmcn[5. Ahbougb cellular tclepbonc and calling card billings were sUblllillcd I{~ users J~l -rdcr to idclltiJ~v pcrsolla] calls and h~ elicit rcinlburscnlcllls 1o lbo District. we were inlbrmcd by District personnel tha~ thc billings were not reviewed by the users' supervisors lo dclcllllillc IRc pr-pricly ol IRc I)islric~ charges and thc completeness of thc billings identified as personal by users. Also. v,'c ,.','crc inlbrmed by District personnel that logs fl:)r domestic long-distance telephone calls or similar records identifying thc parties callcd and/or thc public purpose of the telephone calls were n.t maintained. A similar finding ;~as noted inour prior audit reports. most recently in audit rcporl No. 12821. paragraphs 62 through 66. In regards to our current findings fi~r thc 1996-97 fiscal year. thc Director. Infrastructure Management Division. stated in a nmmorandum dated April 27. 1998. that thc District does not maintain a log (written or othcrx~isc) of I.ng dislancc telephone calls aild that tim District views the maintenance of such logs as resource intensive and problematic and may cost the District nlorc to nlai~tain than would bc recovered in poh:nii;d abt~scs, il' lilly. Tile District had established guidelines to instruct employees of thc proper usc of District telecommunications resources, llowcvcr, tl~c guidelines did not require logging of long distance calls or supervisory review of telephone billings tier propriety. As a result, there is an increased risk that procedures may not be consistemly performed as required. Also. in Opinion No. 068-12. dalcd Januar} 25, 1968. thc Attorney General indicated that vouchers for payment of -27- (64) (65) (66) public funds should contain suflicicnt information in on.let for thc paying agency' to determine v,'hethcr thc requested payments arc authorized by law. We atzain recommend that tile I)istrict develop procedures which ,.,,'ill require, at a minimum. that thc person placing thc tclcphonc call. the party called, and thc purpose of thc telephone call be documcnmd for domestic long-distance telephcme calls made bv District personnel or provide supervisory rcvicv/s of thc telephone billinu s'- _ · atemcnts. Appropriate District personnel sho_uld_ usc this documentation in performing thc preaudit of thc domestic. long-distance billings at a miaimum on a sample basis. Thc Director of Infrastructure Management Division subsequently indicated in August 1998 that the District had implemented pr{~cedurcs for thc review of cellular and calling card billings which included a review of a sample of billings. We will review the effectiveness of these procedures in tBture audits ~1 tile District. Meritorious Sen,ice A wards As simil:_~[ID' noted in audit r~ort No. 12821z_~a~r:Dp~5_J~..tl)ro){~t~ff7. thc District granlcd awards~p c~plp2,ee~ f~)Ep~rfornojrOg }y12~[[ apl!q:or~_lp.?C' routi~!~l~5 ~sTjg~3et~Ee:sponsibilitics discretionary ralhcr than mandalorv. Section 373.604. Florida Statutes. authorizcs thc District's Gv~'crning Board to adopt and implement a program of meritorious service awards /'tlr District employees who make proposals xvhich are implemented and result in reducing District expenditures or improving District operations, who make exceptional co~ltribulion,, to Ibc efficiency of the District. or who lllake /,tiler improvcmciits ill thc operations of tilt_' l)~strict PtU'Stlant to this Jaw. tile District developed written policy, which provided general guidance regarding the scope. purpose, objectives, eligibility criteria, and payment of :F, vitrt],,. I)uring the audit period the District's Governing Board approved a budget appropriation nf S100.000 for meritorious service awards. A portion of this appropriation was allocated lo each department within the District and each department director decided hey,' to distribute the allocation. For example, thc Director of tile Regulation Department nominated all employees within the department except for senior supervisors and managers. -28- (67) {68) In audit report No. 12821. paragraph 74, daBzd October 29. 1996, for tile 1994-95 liscal year. we reported that the District awarded 44 cash awards totaling $32,269.90 net of applicable payroll deductions, to 37 District employees for meritorkms service. We noted that several of tile awards were granted to employees for activities, which appeared to be within the rrmlincsc~pcofdmdulicsofthecmployccs. Thc rcport also noted that, while the activitic for which thc awards wcrc gixcn nlay h;tvc rcsuhcd i~l significant cost savings to thc District and appeared to bc within thc scope tff activities authorized 2)r award consideration under District policy, it ~as not clear that tl~c practice of graining mcril awards to cmployecs fl)r meritorious perR~rmance of routinely assigned duties was consistent with d~c Legislative intent of Sccti(m 373.604. Florida Statutes. Thc report recommended that the District reconsider its cx~sting policicx for mcrilorious ~crxlcc awards [o address issues raised in thc report and also lo seek clari~calion as I,) thc intent of thc l.cgJslamrc as lo whether Section 373.6~. Florida Statutes. audmrizcs meritorious awards lo employees for peril)truing Ihcir routinely assigned responsibilities. In ~ur currcm audil for thc 1996-97 fiscal year. wc noted that linc District awarded 413 cash ..... o .......net of applicable pas'rt,II dcdttclions, m .*86 District employees for mcri~rim~s service I)cpartltlcnt/Of[icc [~nlcrprl~c Engineering (i{ivcr~tll~cnt and Pnblic Affair~ Ecoqyilcm Restoration OFfice of Connscl Service Centers Executive Office Water Resources Evahlation Off icc of Inspector General Conqrucdon and Land Manngcmcm Total Number of Number of Actual F~mph)ycc~, Meritorious Cash Net Award Awarded ,\wards Made Amount Cast~ B5 Thc l)isiricJ 6 6 1.200.0(} 2 2 712.{X} 76 85 10,550.(×1 27 27 3.531.00 33 33 3,300.0t) 14 14 1,500.00 7 7 3.185.00 103 103 4,505.00 I 1 I I 711.70 35 4 ! 9,497.80 [ I 500.00 42 __ 47 5.730.00 386 413 $ 49.822.50 -29- (69) (70) (71) Our rc,,'~cw ()l' I)istrict record:, &)cumcnling thc names ()f Ibc ,ommcc,, and thc ba>,es fbr the nomination,, for Iht awards in each department/off icc di';ch,,cd Ihat ibc I)istricl had generally effi)rt/pcrlormancc, cost savings, and parficipalion in vari(ms *pccial assignments. II1 response l() our request J'()r documc)ltaHon ol pu)p(,,,aJ,, ~,t~ppt)rtlnp thc aforcnlCniioncd awards, wu %kuru inf()rmcd in a IIIClllOralldtllll daicd NIa~ 13. I~gH. ['i'o[ll lilt Deputy with tSccti()n 373 ()()4. Fh)rida NlaRltcS]. Thc District'* [hnph,~cc Rccognhion program has been approved and all hind< adopted through the budgcl pr,,cc,s In addition, the awards were llladc tt) Clllp]t)yccs thal either [llildc pr()posals ihat ~tc~c adopted thai rcsuhcd in reducing districl expenditures ()r who in thc conduct of their a~-~nmcn)~ llladc or comributcd Poxtcr'< pFt~gl'itlll w:t~ di~contnlucd in tliscal year ]gt~S]" Ibc ti/)CtllllClllatlt)ll provided hv thc Di~trnct c,,r~kistctl of c()rrcsp(mdcncc whic]l tlcxcrib,?d thc pl()CcSs h)ll(>wcd bv each dcplmmcnt/~)t'licc in tlcciding who was h) receive thc ;tk~altl- While each dcpartmcm/oflicc proccs~ ~ar~cd to some degree, m lIB)SI instances. I[lC process included d~c usc of guidelines proposals as required by Section 373.01)-1. ['h)rah~ S[;tlulc:. ktcrc i!()l illc[udcd in thc illlk)rlllation prmidcd flu' ~u~r rcvickt Thc bases h)r tilt: awards dc>,crJbcd aht)vc, such ii>, cusl()mcr service, exemplary work peril)finance, a~ld panic~pativn in special assignmcnls, appear I,) bc ~*idfin thc routine >`cope practice of graining awards [o c)llp]o)'ccs for mcrimri,,u, perh)Irlla)lcc of rotltiRc[y assigned duties is conMstcilt with thc l.cgislativc intent of Scctit,[l 37361)4. Fh)rida Statutes. Thc recognition of an cmph>ycc's exceptional pcrf(>rmancc in d~cir r,,udnc]5 assigned duties cotxld be accomplished through salary increases provided h~r m ap[u't)pyiatc crtlpl()ycc evaluation procedures and pay plans As nt)tcd m paragraph 7(L thc l)cpttty l)irccmr. Management -30- Services Department. infi~rmed tis that tile District discontinued its meritorious service awards program m the 1997-98 fiscal year. (72) Prior Audit Findings For those programs, activities, functions, and classes of transactions within the scope of this audit, thc Dislrict has substantially corrected the deficiencies noted in audit report No. 12821. except as noted in tile preceding paragraphs of' this report. -31- (73) 6S1 ,., STATEMENT FROM AUDITED OFFICIAL In accordance with thc provisions of Section 11.45(7)(d), Florida Statutes. a list of audit findings and recommendations was submitted to thc South Florida Water Management District. Thc Executive Director's written response It) the audit findings and rccommcndatim~s included in this report is shown as Exhibit C. -32- EXIIIBIT -/I SOUTtt FLORIDA IVA TER MANAGI:)$IENT DISTRICT GEOGRAPIIICAL BOUNDARIES As of September 30, 1997 16Gl 4 ~. '~' '~' rln o ~Lake O~eec~o~e ' West Palm Beach Fort Myers Fort Lauderdale Miami Key West Thc South Florida \Vater Managemellt District comprises I)roward, Collier. Fhld¢. Glades. Ilcndry, Lee. Matin. M.m.c Palm Beach. and St [.LLCJc Counties. and parts of (harhmc. tli~hlands. Okecchohec. Orange. ()sccoln. and Polk Counties -34- EXtlIBIT- C SOUTIt FLORIDA WATER MANAGEMENT DL~Tt?ICT STATEMENT FROM AUDITED OFFICIAL For the Period October 1, 1996, Through September 30, 1997, attd Selected District Actions Taken During the Period October l, 1995, Through September 30, 1996 South Florida Water Management District Office of Auditor General I 1 I West Madison Street l'allahassec. FL 32302 ~Sanmel E P~Ie SEP/ds c Go',ermng Board -36- EXHIBIT- C (Continued) SOUTII FLORIDA }VA TER MANAGEMENT DISTRICT STATEMENT FROM AUDITED OFFICIAL For the Period October 1, 1996, Through September 30, 1997, attd Selected District Actions Taken During the Period October 1, 1995, Through September 30, 1996 Audit Report Par. No. (32-38) Budget Administration Finding and Recommendation District reports of budgeted and actual expenditures for fiscal years 1996 and 1997 did not provide a comparison of budgeted and actual expenditures and commitments by governmental fund type and purpose as specified in Section 373 536(1), Florida Statutes, for ali object categories. Thc Auditor General rccommendcd that the District revisc its current budgetary reporting procedures to comply with the specific requirements of SectJ(m 373 536(1) F.S. Response '[he District maintains that it is in full compliance with Section 373.536(1) FS The District has implemented changes recommended by the Auditor General to its budgetary reporting procedures beginning fiscal year 1999. Although these changes were not required to comply with the Statute. the Auditor General believes that the recommended reclassifications would provide a better matching of budgeted and actual expenditures. Accordingly, the District's fiscal year 1999 budget is classified by purpose and fund, which includes separately classifying contractual service amounts, based on the amount of proposed expenditures, (41441 Land Acquisitions in Excess of Appraised Value Finding and Recommendation Several District land acquisitions exceeded the approved appraisal value by a significant amount and the public records of the District did not adequately document the basis relied upon to pay amounts in excess of the appraised value. The Auditor General recommended that the District include sufficient information in its public records to adequately disclose the factors relied upon to make the acquisitions for amounts in excess of the appraised value. -3% EXIIIBIT- C (Continued) SOUTII FLORIDA WATER MANAGI£MENT I)ISTRICT S TA TEMENT FROM AUDITED OFFICIAL For the Period October I. 1996, Through Septentber 30, 1997, and Selected District Actions Taken Daring the Period October 1, 1995, Through September 30. 1996 Audit Report Par. No. (41-44 /45-50) Land Acquisitions in Excess of Appraised Value (continued) Response The land acquisitions in excess of appraisal value cited in the finding occurred from 18 to 30 months ago. Going back and recreating additional public records for these transactiuns wonld put a significant burden on lite District's already limited resources. The current public record includes written memoranda, and audio/video transcripts or? Governing Board presentations, which fully disclose the factors considered in making the acquisitions (Sec enclosed documentation) However. for fi~ture land acquisitinns, management concurs with the recommendation The District will continue to provide adequate information to thc public without compromising furore and ongoing land negotiations The public record for future acquisitions will include sufficient information fo, r the public to make an informed decision concerning the actions of District officials Such information ,.viii include the timeliness of the project anti the potential for delay resuhing from legal proceedings, the administrative and legal cost to the District in pursuing condemnation, potential for attorney fees and landowner costs Latt Maxcy Acquisition Finding and Recommendation A nonprofit orgamzalion negotiated thc acquisition of two parcels of land for the District However. the District was unable to provide a signed agreement, which establishes the responsibilities of the District and the nonprofit organization in each of these acquisitinns and did not maintain documentation to demonstrate compliance with applicable laws. rules, contractual terms and good business practices The Auditor General recommended that thc District develop procedures to document and ensure that land acquisitions made by nonprofit organizations representing the District comply with applicabl~, laws. rules, contractual terms and good business practices Also, for fi~ture acquisitions where the District intends to use a nonprofit organization in the acquisition process, the Auditor General recomtnends that the District enter into a contractual agreement with the other party which clearly identifies the responsibility of each party -38- IfXIIIBIT- C (Cotttinued) SOUTIt FLORIDA WA TER MANAGEMENT DISTRICT STATEMENT FROM AUDITED OFFICIAL I:or the Period October 1, 1996, T/trough Se/~temher 30, 1997, attd Selected District Actions Takcu Dttrittg the l'eriod October 1, 1995, Through September 30. 1996 Audit Rcp~)r~ Par. No (45-50) (51-571 [.att Maxcy Acquisition (continued) Management concurs with the recommendation. The cited arrangement ;vith the nonprofit organization was unusual and resulted from the exceptional circumstances of the acquisition. It is a District practice to enter into a written agreement with an organization that acts in an agency capacity In fact. the District had a signed cooperative agreement with the same nonprofit organization, dated February 1996. for the negotiation of other project lands that detai~s the responsib(litics of each party Prairie Parcel Acquisition Finding and Recommendation District records relating to the Prairie Parcel acquisition did not adequately explain the hasis relied upon hy the Governing Board in approving the acquishlon The Auditor General recommends that thc District's Governing Board enter into the public record suftlcient infbrmation to explain its decision to approve the Prairie Parcel acquisition Response The public records pertaining to the Prairie Parcel acquisition contain all the factors relevant to the purchase. The Governing Board was presented with information on at least six occasions evidencing the fact that all issues surrounding this property were thoroughly considered by the Governing Board. (See enclosed documentation) Regarding the environmental issue, the Governing Board was advised of the estimated cost of the cleanup both orally and in writing The United States Army Corps of Engineers formally acknowledged that thc federal government assumed responsibility for any cleanup The landowner was not responsible for removing the unexploded ordnance, if any, and they wouId not be reimbursed for any cleanup costs incurred In view of these facts, there was no attempt made to rencgotiate the purchase with the landowner -39- EXHIBIT- C (Continued) SOUTIt FLORIDA WATER MANAGEMENT DISTRICT STATEMENT FROM AUDITED OFFICIAL For the Period October 1, 1996, Through Septentber 30, 1997, and Selected District Actions Taken During the Period October 1, 1995, Through September 30, 1996 Audit Report Par. No. (51-57) Prairie Parcel Acquisitiou (continued) District staffs recommendation to the Governing Board to acquire the property contained all of the mentioned facts, which was the basis for Board decision to purchase the land. (60-64} Commonication Expenditnre l:'inding and Recommendation The District did not maintain telephone logs or other records to document the authorized public purpose of long distance telephone calls billed to the District. In addition, cellular telephone and calling card billings were not reviewed and approved by the user's supervisor '[he Auditor General recommends that the District develop procedures requiring the documented public purpose of domestic long-distance telephone calls The District should use this d(~cumentation to perform audits of domestic long-distance billings. Response The District does not maintain a log (written or otherwise) of long distance telephone calls. This procedure is viewed as resource intensive and will likely cost the District more to maintain than the potential recoveries, if any. Furthermore, the agency has guidelines, which instruct employees on the proper and appropriate use of District telecommunications resources The District implemented a new telephone system Aprd 18, 1998, which is capable of logging all telephone traffic; however, this information is not in a readily usable format. Hence, even if the telephone logs were to be maintained, they could not be reconciled to actual usage. We are in the process of evaluating technological solutions to monitor long-distance telephone usage while at the same time ensuring that the cost of such a solution does not outweigh the benefit. One option available is the NEC AiMWorx Call Auditing System costing approximately 5;80,000 to $100.000 (capital cost only). This auditing system would log telephone calls initiated from within the District and allow a systems administrator to review all telephone usage activity. -40- EXIIIBIT- C (Contitttted) SOUTII I"LORIDA WA TIfR MANAGEMENT DISTRICT STATEMENT FROM AUDITED OFFICIAL For the l'eHod October 1. 1996, Through September 30, 1997, attd Selected District Actions Taken During the Period October 1. 1995, Through September 30, 1996 Aud:l Report Par No (60-64) (65-71} Communication Expenditure (continued) To a lesser degree. BellSouth has recently introduced a billing program Oinhanccd Billing Services) that supplies information on telephone call activity in digital £ormat at a ~.x~st of roughly S200 00 per month Although. this system would have ,.'er5, limited usefulness fi~r audit purposes, it could provide the agency with general telephone usage information Thc District u, ill continue to evaluate cost effective ways to capture and monitor telephone usage Since February 1997. cellular phone bills have been sent directly to Department and Division Directors for their review The managers are to review and initial eacb bill before distributing them to their respective cmployccs Each montb a memorandum outlining the cellular pbone bill review process accompames the billing package sent to management ,Merilorious Service Av, ards Findin£ and Recommendation The District granted awards to employees for performing what appears to be routinely assigned responsibilities, did not require written proposals for awards, and adopted procedures which :,.'ere considered discretionary rather than mandatory In a previous audit repot1 (No. 12821) dated Oct bet 20. 1996. the Auditor General recommended that the District reconsider its exisling policies for meritorious service and seek clarification as to the intent of Section 373 604. Florida Statutes Respnnse The District discontinued thc 'limcr l'ou. crs Award program itl fiscal 3,ear 1998 Management disagrees v,'ith the conclusion that employees were recognized for performing routinely assigned duties The cited awards were made consistent svith Section 373,604 F S Employees were granted awards for contributions that resulted in either expenditure reductions or significant improvements to District operations, which the statute does not disallow -41- EXHIBIT- C (Continued) SOUTfl FLORIDA WATER MANAGEMENT DISTRICT STATEMENT FROM AUDITED OFFICIAL For the Period October 1, 1996, Through September 30, 1997, and Selected District Actions Taken During the Period October 1, 1995, Through September 30, 1996 A~.end~ Ap?rove the purchase of land interest.s containing 1.2lto. ~ acres, m,~re or le~. located in tlendQ' County. Evcrglade_~ Construction I'roject. Bill Malone. Item 42 i~ the Wilham~ parcel that you've been wrestling ~.llh Iol a number of months You gave us ,.omc direction last month We have this morning received - actually 5esterd~y received, a signed contra~ h is a~ you discussed wllh us lasl month - $ aa acre plus $50.~1 p~ymem that will help to ~ver ~me tdtbeir ex~nses They will have ~s~ss~on until September l. 1997 wilh ~mc options t() cominue that ~s~ssion A[right. is the~¢ a motion to approve~ N~at Reed..l~oar4bt~bek Nit Reed approves and Mr Graham seconds All those in favol Aye Motion carries wgh no objections Overhead Nhcm.n During [¥esentalion: Apptaised Value S ] .g-;O,OOO Offer $1.800 pel acre or $7, i77d~0 plus $50.0~ for re:mbursemcm of back t&xes, Possession Untd Septeml~t l, [¢~7 ~qlh option (o ex:end up :o tMee years, provided ~cupancy does nol ~mflJct with STA-5 constn~mlon -42- EXItlBIT- C (Continued) SOUTtl FLORIDA WATF. R MANAGEMENT DL~TRICT S TA TEMENT FROM AUDITED OFFICIAL For the Period October 1, 1996, Through September 30, 1997, and Selected District Actions Takett During the Period October 1, 1995, Through September 30, 1996 South Flonda Waler Management D~slflcl Contract or Agreemenl Award Request Form -43- I'L~IIIIHT- (? (Continued) SOU'ITI FLORIDA WA TER MANAGEMENT DIST'RICI' STATEMENT FROM AUDITED OFFICIAL For the Period October 1, 1996, Through September 30, 1997, and Selected District Actions Taken During the Period Octt~bcr l. 1995, Thrott,~h .S'c/)tetnhcr .10. 1996 -44- EXIIIBIT- C (Cot~linued) SOUTH FLORIDA WA TER MANAGEMENT DISTRICT STATEMENT FROM AUDITED OFFICIAL For the Period October I, 1996, Through September 30, 1997, (~od Selected District Actions Taken During the Period October 1, 1995, Through September 30, 1996 Fee 101.015 60~ 48 Sg75.741 O0 S0 O0 $1,~5,264 O0 -4.5- EXtlIBIT- C (Contittued) SOUTll FLORIDA WA TER MANAGEMENT DISTRICT STATEMENT FROM AUDITED OFFICIAL For the Period October 1, 1996, Through September 30, 1997, attd Selected District Actions Taken Dltritlg the Period October 1, 1995, Through September 30, 1996 STA 101-016, Lykes Brothem Decemher, 1996 Governing Board. [leto 56 5). Item 56 is ~ pat[age deal, all or nolhlng, so 1'11 talk aboul A. B, and C, and lhen ask far your approval on all Ihree Fifty-six involves thc remaining lands in STA-5 We have an -46- EXIIIBIT- C (Continued) SOUTII FLORIDA WA TER MANAGEMENT DISTRICT STATEMENT FROM AUDITED OFFICIAL For the Period October 1, 1996, Through September 30, 1997, and Selected District Actions Taken During the Period October 1, 1995, Through September 30, 1996 16Gl Page Question Okeelanta 'MIl pay I;350,000 for the rent - but did I hear you say lhat the reimbursement o£ real eslale l~.xcs v,'ould cat up about hal£of that'~ The lessee sDv_, And Ihey will pay thc taxes When Don Carson and 1 negoPaled this, I was operating on the premise that they ~,,ould pay Ibc la.xes Ite was operating on the premise that the 5350,(~ wa~ thc meal amunl of paymcn~ We did n~ discuss the issue specifics[y. It came up obviously at the final ~tages of cleaRing ofl~ ~ntract ]a~l night T~ir position is that ~350,~ i~ thc maximum ~al ~tlay that l~y can make and have Ih* deal work They will be required to apply for the appropriate agricu a cxcmpllon, but thc :ax burden will come out of'the $),50,000 An),, other questions, comments* All three oFthese deals you're lacing together here we're approving ,~ilh one moiion? -47- EXIIIBIT- C (Continued) .S'OUTII FLORIDA WA TER MANAGEMENT DISTRICT ,S'TA TEMENT FROM A UDITI:'D OFFICIAL For the Period October 1, 1996. Throu,~h ,S'eptember 30, 1997, attd .$'elected District A ctiotts Taketz Durittg the Period October 1, 1995, 'l'hrough .~eptember 30. 1996 -48- EXItlBIT- C (Continued) SOUTII FLORIDA WA TER MANAGEMENT DISTRICT S I)l TEMENT FROM AUDITED OFFICIAL For the Period October 1, 1996, Through September 30, 1997, attd Selected District Actions Taken During the Period October 1, 1995, Through September 30, 1996 -49- EXIIIIHT- C (Continued) SOUTIt FLORIDA WATER MANAGEMENT DISTRICT STATEMENT FROM AUDITED OFFICIAL For the Period October 1, 1993, Through September 30, 1997, atzd Selected District Actions Taken During the Period October 1, 1995, Through September 30, 1996 ACREAGE 3.907.95. Page ANALYSIS OP COST/IMPACTS -50- EXHIBIT- C (Continued) SOUTH FLORIDA WATER MANAGEMENT DISTRICT S TA TEMENT FROM AUDI TED OFFICIAL For the Period October 1, 1996, Through September 30, 1997, and Selected District Actions Taken During the Period October 1, 1995. ITtrough September 30, 1996 STA I03-010, LartT Carroll January' 1997 Govern n~ Ioard, ten 31B Agenda Tille: Approve the purchase of land interest~ containing 480 acres, more or les& in Palm Ileach Count', Everglade~ Construction I~roject, NTA-2, and apprnve the purchtt, e of land inter~*t* cantalning 1,223.18 acres, more or less, in Palm Beach CounO', Water ,%lanagement Area, and authorize r~olutionl to the Deparlment of Ent~ronmcntal Protection ande'or the Unlted,~tates Depa~-frnent of the Intet~or reque.~fng reimbursement equal to t~e total co~t of the acquisition and a*sociated 2 The remaining area is lhe pan tMt would be funded under the Farm Bill - the 1,2~ price that wc could negotiate with fa~ orable t¢~ In ou* )udgemenl, considering lhe litigation costs, delays, and so on, we think it's worth proceeding in this direction It facilitates the constm~ion ~hedule We have ~,mpl~ed the envirnnmenlal audit on the That's t~hy thc $100,000 It $100.00~J a ~ignificant enough figure Bill - it would be pest c des. feaiiizcrs and fungicides -51- EXHIBIT- C (Continued) SOUTH FLORIDA WATER MANAGEMENT DISTRICT STATEMENT FROM AUDITED OFFICIAL For the Period October 1, 1996, Through September 30, 1997, and Selected District Actions Taken During the Period October 1, 1995, Through September 30, 1996 ., o b 1 STA Z03-010. Latin/Carroll $I00.000 was the upper end o£what could be negotiated and it became a deal breaker got you another one is for us to pay ~l:ri¢ _BQ~ Board ChaJr~La~ ^lright. other question~ or is there more to Ihls Chuck~ ~e only other ~int is lhat I~ District ~11 pay t~ d~mcnta~ stamps and closing coszs since this is under thc federal relocation Motion by Mr Reed Second by Mr Hammor~ All Ihose in £a,or Aye No objcclion, -52- EXItlBIT- C (Contintted) SOUTII FLORIDA TVA TER MANAGEMENT DISTRICT S TA TEMENT FROM AUDI TED OFFICIAL For the Period October 1, 1996, Through Septentber 30, 1997, and Selected District Actions Taken During the Period October 1, 1995, Through September 30, 1996 6G1 -53- EXIIIBIT- C (Continued) SOUTH FLORIDA WATER MANAGEMENT DISTRICT STATEMENT FROM AUDITED OFFICIAL For the Period October 1, 1996, Through September 30, 1997, and Selected District Actions Taken During the Period October 1, 1995, Through September 30, 1996 -54- EXIIIB1T- C (Co,ti, tted) SOUTtl FLORIDA WA TER MA NA GEMENT DISTRICT STATEMENT FROM AUDITED OFFICIAL For the Period October I, 1996, Through September 30, 1997, and Selected District Actions Taken During the Period October 1, 1995, Through Septentber 30, 1996 -55- EXIIIBIT- C (Continued) SOUTH FLORIDA WATER MANA GEMENT DISTRICT STATEMENT FROM AUDITED OFFICIAL For the Period October 1, 1996, Through September 30, 1997, and Selected District Actions Taken Dttring the l'eriod October 1, 1995, Through Septetnber 30, 1996 KCOI. 200-002. 200-004, Southport Ranch February. 1997 Governing Board, I~¢m 43 Appro;.e the purcha_ve of land interests containing 1,42~ 62 acres, mare or le$~, in O~ceola and Polk Counties, ItT$~imtnee Chain of Lake_l ]¥oject, and authorl;e a resalutlon to the Department of Environmental I¥otectlon requevting reimbursement for thi~ acqui~itlon and a~oclated coat~ since 1989. and in July of this past year. we asked yo~ar permission to proceed with we told you we were ~ill wotkln8 on it. and in September I reported to you that we had We have Ibis morning achieved final agreemem on all the term~ and conditions '1 he prices for thc variou~ parccls are on lhe nverbead This ac4u~si6on i~ aboul 25% in excess of the appraised value. You't[ recall as we have become closer and closer tn the end of thc acquisition on the Kisslmmce River restoration :hal the vatue~ have been creeping upwards This is anolher c~¢ that, in my,Judgement, to proceed m eminent domain would not have been worthwhile siren the particular exposures that I thoughl we kad and the facts on this case On Ihe essential elements on the Lake KisaJmmee parcel, there is a cattle grazing As a separate issue, but one which is related, I want to taJk a b~t abou: a particular problem And I want to do this before you vote. There is a problem with motorized watercraft use of Reedy Creek above Dead River. On the overhead. Reedy Creek flows from ~oulh ~o north, I'm sorry, from north to south, and where the tail of my hand i~, it -56- EXIIIBIT'- C (Contintted) SOUTtl FLORIDA WATER MANAGEMENT DISTRICT STATEMENT FROM AUDITED OFFICIAL For the Period October 1, 1996, Throttgh September 30, 1997, and Selected District A orions Taket~ During lhe Period October 1, 1995, Through September 30, 1996 KCOI. 200-002, 200-004. Soulbporl Ranch Page 2 here There is a problem with the use of'Reedy Creek by motorized watercraft above the junction with Dead River. Concerns have been expressed by landowners, the conservation community, and others that use of this area by airboats, and other motorized watercraft is impacting a wood ~ork rookery. We intend to address Ibis issue during the upcoming revisions to the public use guide. It is possible that we may ask for emergency action by the Board prior to that time, but at this particular point in time we do not feel that is necessary. Our current intention in lhe public use guide revision process is thal our first draft of the 1998 proposals ',viii provide that Reedy Creek be closed to motorized watercraft aboYe Dead River This would protect the rookery and not prevent this boal traffic from getting between the lakes and the area Following a public process including public meetings we will bring our final recommendations to you for approval in accordance with the law and our roles And that should occur in September We have two of the three paaner's signatures Jn hand; we are awaiting the last one, which we should get tomorrow That individual is ill. We're recommending thai you approve this transaction contingent upon the receipt of the original executed signature pages Their atlorney has represented lhal all the parlncrs have agreed to Ibc terms, and the attorney has reviewed and approved the final document ~,~k~ r_i_e .I~ 95 d .L3_o_a r_d_C h a_ r_~ a n~ Okay, discussions? Nfs ginger Miriam S i n g e r~B_o. ~ r~ a\J e m~h.c~L~r We need this ~and. there is no question about it. Staffhas put a great deal o£work into getting us o this point. I know Bilt, and I really appreciate it. My issue is always when we go so far above appra sa value, even with a $35,000 reduction at closing that is noted in the CAARF - precedence You know this is a recurring issue with me - 1 don't know that you're ever going to be able to address my concerns, but it still poses a very uncomfortable precedent in terms of our land acquisition activities when we're working on restoration projects. There's no a.swer. I don't haYe a question, I just have a concern and I just feel that on behalf of the people that pay taxes tha~ we're purchasing property with I have to ',.'oicc that concern every couple of months because I feel uncomfortable with it I know it's a necessary responsibility but s I'eel uncomfortable witb it and I'll still hold and (second my motion?). I'll still vote for it, but it's just one of these things. Alright We have a motion and a second All those in favor Ave With no objections the motion carries. ' -57- EXItlBIT- C (Continued) SOUTH FLORIDA WATER MANAGEMENT DISTRICT STATEMENT FROM AUDITED OFFICIAL For the Period October I, 1996, Through Septentber 30, 1997, and Selected District Actions Taken During the Period October 1, 1995, Through September 30, 1996 KCOL 200-002, 200-004, Southporl Ranch Overhead Shown During Presentation: Total Appraised Price IracX No. Interest Acres 050-001 Fee 14622 $354,500 S 446,670 200-004 Fee 68970 $896,610 $1,129,729 200-002 Easement 59270 $535,390 $ 673,601 Page 3 -58- EXItlBIT- C (Contitztted) SOUTIt FLORIDA WA TER MANAGEMENT DISTRICT STATEMENT FROM AUDITED OFFICIAL For the Period October 1, 1996, Through September 30, 1997, and Selected District Actions Taken During the Period October 1, 1995, Through September 30, 1996 SOlJfll Ftor~a Wl~et Maflagl~lflt O~ct Contract or Agreement Award Request Form AGENDA TITLE I RECOMMENDED ACTION: Approve the purchase o[ !arx~ interesls confa~nk!g 1,428.62 acres, more ct less. in Otc, cola and PC4k Counties. Ki~mme~ Chain of Lai[es Pro~c~. and authodze a ResofuYon Io the ~parlmenl of Environ~,~ntal Pro~ecYon requesting MIS~ION ELEMENT(S) PROORAM NAME -50- EXIIIBIT- C (Continued) SOUTH FLORIDA WA TER MANAGEMENT DISTRICT STATEMENT FROM AUDITED OFFICIAL For the Period October 1, 1996, Through September 30, 1997, and Selected District Actions Taken During the Period October 1, 1995, Through September 30, 1996 16Gl IACREAGE 1.428.62. Page 2 PROJECT OF.~CRJPT]ON & IBACKGROUND (co~*d) EXItlBIT- C (Continued) SOU77t FLORIDA WA TER MANAGEMENT DISTRICT STATEMENT FROM AUDITED OFFICIAL For the Period October I, 199d, Through September 30, 1997, and Selected District Actions Taken During the Period October 1, 1995, Through Sel~tember 30, 1996 ACREAGE 1,428.62, Page 3 EXIIIBIT- C (Continued) SOUTII FLORIDA WATER MANAGEMENT DISTRICT STATEMENT FROM AUDITED OFFICIAL For the Period October I, 1996, Through September 30, 1997, and Selected District Actions Taken During the Period October 1, 1995, Through September 30, 1996 KR 102-005, 102-010, ?,lont~deoca R~nch blarch, 1996 Governing Bonrd, Item 2'/ Agenda Tille: Approve the purcha~e of land interests containing 1,62.t.$9 acres, more or lexs, located in Ili£hlands County. Pool C', Kisslrnn~ee River Restoration Project. subject to a le~ae with option to purchase 3,729 acres, more or less, and a lecae of 82 acres, ~nore o~ less. t~f .~'ave Our River~ Program landl Iocaled in IllgMand~ Count)', and and authorize a resolution to t~e Department of Environmental Pro~ection requesting reimfumement for thil acquisition and a~sociated Transcript: Item 27 is a request that yo~ approve the I~archase of land interests conlainlng over 1,600 acres Iocaled on the west side of the Kissimmee River. Thc largest remaining dark blue area. non-conlracted:for area. in the Kissimmce River Pools A, B. and C This is comphcaled, and you probably need to bear wiih me We've been working with ihin famdy since 1989 on this acquisition, and it is a family-ox,,'ned corporafion, and they are ve~ interested in retaining their ability to utilize their remainder lands for a cow/calf operation and we've been working very closely with them to try and make sure that happens The parcel to be acquired is shown on this overhead This embedded rectangle is a piece of land that we acquired some years ago and the Monts~eocas family will be leasing that parcel from us through thc year 2001 for cattle grazing porpo~es. You can see that the vast majority of the acquisition area is a fee acquisition area. There are some limited flowage easement areas on the weslem border of the properly The price is $2,860,6a0 That is 21% over the appraised value for this property It is a price that we would l'mve preferred to have been able to do better on, but when we took at the costs to litigate, and the risks that are associated ~,~lh the llfigafion, the polential for coming out substantially worse is Ihere, and we befieve that in the overaII scheme o£lhings this is a fair price to pay al Ihis point in this acquisition oflhls project They will relain a gr~ing reserv~tlon at fair market value, and I menIioned Ihe gr~ing lease there that provided for us to take title to the stvaclutes, improvements, and trees. We felt prohibition on cutting the oak trees without our approval We think that the Corps will re-ncgoliale Ibis with thc family The seller has retained titration rights with no addifionnl restrlclions other than those pro'.'ided by law There v. asa specific provision in the contract with regard to commercial uses v, hich would have prohibltcd thc use of their access right for commercial use We have elim[nated that provision and Ibis would allow them. could they get lhe necessary land use permissions and permils to have some commercial ope'ration on lbelr remainder land and then u~e the access right Ibat Ihey have to the River -62- I';XIIIBIT- C (Continued) SOUTH FLORIDA WATER MANAGEMENT DISTRICT STATEMENT FROM AUDITED OFFICIAL For the Period October 1, 1996, Through September 30, 1997, attd Selected District Actions Taken During the Period October 1, 1995. 77~rough September 30, 1996 KR 102-005,102-010, Mont`,deoca Ranch Page 2 for that commercial operation to move from their land to the Ri'.er We don't see that as a big deal. but it is something that thc Corps ,,'.'ill have to agree .^ith And again I think we're reasonably optimisllc that fi, at will happen. There's a slde note Ihere That area over whlch that acce,~s ea';eraer,t will rem;dh will be acquired with gave Our Rivers monies rather Ihan Preservauon 20c~1 monies because of again lhe impllcalions of the bonded funding source Sp~n7 5Villiam so no_ll0,,~f{l. Mc_n!l!cL Bill. what does that mean, commercial uses? What is their anticipated kind of use'~ I don'l think they have anylhing in mind I Ihink they just the example that ihcy used when we met in January, I Ihink. was th,~t if they wanted to sell rights to people to go frog-gigging, and use the boat basin as access to the River. that prohibition ~,,'ould kava prevented them from being able to do thai Now at the other end of thc spectram wc~uld be if they have in mind some sort ora marina - ~omc sort of a Rr.'er Ranch ~.perallon. and use this particular little boat basin for access. I don't believe that is tbetr intent al all l think they're just looking to not have any flcxibilily for the future cut-off There was a Iai of concern about the public use on the property and '.,.'e agreed that v'*thin a quarter ora mile north and ~outh of the ranch headqu,mers area ',~bere the foreman and the president. Mrs lassie Mon!sdeoca live. we've agreed if'~.c p'zt in a hiking trail, to keep ii as far away fram the home and as close to the Rixer as 'e.e cc~ld possibly do it They have reser.,ed rights to continue to drain offoflhetr prnpeIly lbere's 13 existing ditches They will continue to use those ditches to drain We have the right to plug those ditches, fill those ditches on our land. land that we have acquired, hut in doing so. we cannot diminish their ability to drain from their property t failed :o mention the pedestrian bridge We've agreed to consult with them on the pedestrian bridge where it crosses the boat basin. We wan! to make sore that we don't build that bridge too high or tau low in order to prevent or preclude their ability to use that basin with their boats The transaction also includes a five-year lease with an option to purchase of 2.274 acres of land formerly owned by the MacArthur family immediately Ia the south You've heard us refer to it as Hickory llammock lhis land was declared surplus by the Board back in 1989. We have been trying to swap it off for other needed River lands ever since. This is our first success, and as I said, it's an option to purchase, so it's not quite done, but I'm pretty optimistic that sometime during the ensuing rise years they will take it. The map is yesterday's map and the deal changed last night. They are only taking the area to the left at'my finger. Parcel one, Ibc area marked one, on the map. -63- EXHIBIT- C (Continued) SOUTtl FI. ORIDA WATER MANAGEMENT DLSTR1CT STATEMENT FROM AUDITED OFFICIAL For the Period October 1, 1996, Through September 30, 1997, and Selected District Actions Taken During the Period October 1, 1995, Through Se£temher 30, 1996 KR 102-005, 102-010, Montsdeoca Ranch They are paying us for that oplion - three dollars pet acre. pet year. ~hich works out to about I 4% oflhe purchase price Thete is very [hlle market data available that tells us what an option should cost for cow/calf operafionL but we lhink Ihls is equitable, based on the data we have been able to find We Ihought that Something between a hal,ca percent, a one percent would be reasonable, and we were able to negotiate about I 4%, I 3% or I 4%, over five years For the lease period, they will be paying fair m~srkel value for Ihe lea~e [haI's a very Iow tale for the first ~wo years - Ibc properly has deteriorated and Ihe value is ~ess in'the first iwo years - il goes up substantially in year~ 3, 4, and 5 The ~rice ~hat they will pay us reflects that In thc immediate vicinity ofthe headquarters, which is where Mrs Mon:sdcoca lives, and thc ranch foreman lives, which i~ up here at thc narrowc~ portion of thc property, the acqulshJnn line would have lilerally come into her back yard It would literally come within the fence, in her fenced-ln homestead backyard - ~ plot of a cc~uple of acres ,,Smd we ',,.'ere able to agree with them, the Corps of Englneers agreed, thc Kissimmee River project team agreed, to allow the Montsdeocas m fill the backvard up ~o elevation 45 - iCs and area of about 3 or ,4 ~cres - that they will be ~IIowed t~ fill. which will effectively remove that from Ibc acquisition area A umque situation on thi~ particular piece of land. and a unique solution to a problem lhat wmdd nol be available elsewhere, but it would not be reque~;led elsewhere because there ~rc no other homc~ that have Ihis pa:ficular kind of situalion A lot ofcredll to the Kissimmee River group which came up ~ith tha~ solution, and that wa,~ a potential roadblock and deal-breaker We've completed thc erlvironmental audit - there's no evidence of hazardous ma:erials Of this to~al acquJsilJon area, slightly over 1,457 acres are below what we call thc safe upland line So thc motion is that you approve the purchase, you approve the lease wilh option to purchase, you approve lhe lease of Ihe 82 acre re,~aangle thai ',,.'e purchased somebody else a number of years ago. that you authorize a resolution to DEP requesting reimbursement for lhJs acquisition and the associated costs So mo',ed ~lerie Boy_d._~2~rd (Thairm;~r~: Motion and a second Mr Williamson Question. Thc lease with opdon on the 2,274 acres, is on upland area, the remaining tract, we call il HickopJ Hammock. That upland tract has been sitting there now for at least five or six years waiting for lhis trade or another appropriate trade, and i:'s one of ~hose tracts that has brought a lot of criticism to the Districl because it s~t there basically waiting wilh no callle grazing on it or anything, it looks like jusl wasled land, a lot of EXHIBIT- C (Contb, ued) SO UTIt FLORIDA WATER MANA GEMENT DISTRICT STATEMENT FROM AUDITED OFFICIAL For the Period October 1, 1996, Through September 30, 1997, and Selected District Actions Taken During the Period October 1, 1995, Through Septentber 30, 1996 KR ~02-005, 102-010, MontsdeocaRanch Page 4 folks pm'ccive it that way. Now we're gonna do this lease with option on the 2,274 acres which means they will probably repair fences and graze it, and that's For how man)' years Bill? Five years Five yeats Maximum of fi;'e years. ~W, Yea. So we in effect have what I would consider serplus lands that we will, because o£ lhis trade, be sitting on inventory for five years and the District obviously can't do anylhing about that. ] guess you cou[d sell them subject to the lease but that wouldn't be wise. So I have a lot of mixed feelings about that but as you can tell by all the changes on this, even in five year's of negotiation at least, [ think on this one, it came right down to the deadline, so I just want to point out that we've got a 2,200 acre tract here lhat'a upland, a Jo! of it has improved pasture on it - not probably appropriate to keep for public ownership, unless some policy changes come atong. But still, maybe worth doing for this to make th{s work ~ill ¢rrah~m. Bgard Member; That's what they have an option to buy, right? They do. And thc lease on this upland acreage is different from thc lease that we entered into in the floodplain. Basically. the agreement for the upland is thc traditional cattle lease that the average landowner and the average caltle person enter into. They fertilize, they roll. they chop, they mow, they disc, they do whatever they think is in their best interest to maximize lheir return on the property. Even if lhese people do not exercise the optmn lo purchase it. at the end of the lease period it should be in a va$11y improved condition and it's value to us il'we sell it should be enhanced The option price is fixed over five years? It's fixed, but they're paying us about 14% oftha purchase price in order to hold that value fixed over that period Alrlght There's a motion and a second. -65- EXHIBIT- C (Continued) SOUTIt FLORIDA WA TER MANAGEMENT DISTRICT STATEMENT FROM AUDITED OFFICIAL For the Period October I, 1996, Through September 30, 1997, and Selected District Actions Taken During the Period October 1, 1995, Through September 30, 1996 1681' KR 102-005, 102-0}0, Montsdeoca Ranch Page 5 Overhead I Shown During Presentation: Essential Elements: Appraised Purchase Own_eL _A~t~L Valu~ Price Montsdeoca 1,567 $2,193,800 52,667,66I 56.69 (esmt) 55,480 67,437 Costto Cure 115,1)0_0 1~5,45~ TOTAL $2.364,280 $2,860,640 Grazing reservation until 12/31/2001 Grazing }ease of 82 acres of District lands surrounded by fee acquisition to 12/31/2001 Overhead 2 Shown During Presentation: Flowage Inundation Easemer~t changed - not approved by Corps Seller retain structures. Retain - timber not remove without written approval - Oak trees. Riparian rights retained by seJlcr, no restrictions on uses - possible issue with Corps - if so will need to renegotlate to limit these rights. District can purchase with SOP, funds. Access easement to and over egistlr5 boat basin. District to consult with seller in design ora pedestrian bridge across boat basin. }liking trail within 'A mile north or south of ranch headquarters to be located as near as practical to River. -66- EXHIBIT- C (Conti..ed) SOUTII FLORIDA WATER MANAGEMENT DISTRICT STATEMENT FROM AUDITED OFFICIAL For the Period October 1, 1996, Through September 30, 1997, and Selected District Actions Take. Doring the Period October 1, 1995, Thro.gh September 30, 1996 PROJECT DESCRIPTION & BACKGROUND [nf et ~s~ ~n ~'e~a~lr)~ lh~ water resource ~aJue$ C~ afTee flow~ Y~slmme~ R~vot has existed since Ihe channe{[zallon proJecl EXIIIIHT- C (Continued) SOUTII FLORIDA WATER MANAGEMENT DISTRICT S TA TEMENT FROM AUDITED OFFICIAL For the Period October 1, 1996, Through September 30, 1997, attd Selected District Actions Taken During the Period October 1, 1995, Through September 30, 1996 ACREAGE 1,623.59. Page 2 -68- IfXIIIBIT- C (Cotztinued) SOUTIt FLORIDA WATER MANAGEMENT DISTRICT STATEMENT FROM AUDITED OFFICIAL For the Period October 1, 1996. i Through September 30, 1997, attd Selected District Actiotts Take. Dttring the Period October 1, 1995, Through September 30, 1996 ACREAGE 1,623.59. Page 3 PROJECT DE$CRIPTIO~t & BACKGRC, UNO (Conl'¢l) ffr~e~'~d w~ho~ a~'ovaJ ~ Cofl~ to alk)w F>el~t ~ ~o the ~&s~nrm)e fo~ any lawf~ purj:x:~4~ rather- f~ i~ -69- EXtlIB1T- C (Continued) SOUTII FLORIDA WATER MANAGEMENT DISTRICT STATEMENT FROM AUDITED OFFICIAL For the Period October 1, 1996, Through September 30, 1997, attd Selected District Actions Taken During the Period October 1, 1995, Through September 30, 1996 ACREAGE 1,623.59, Page 4 ACTIONS ANO MILESTONES TO DATE Congress enacts the Walef Res<~Jrces ACt app~opdaIin~ funds ~ALYSIS OF COST/IMPAC~ T~ ~S ~l dir~y ~ I~ ~ic ~ler~ ~ fa~fl~ l~ ~ R~or Re~tion. The ~nef~s ~ I~ pr~o~ ~r Inr~r~l ~ Acr~ V~ Amgvn~ Mo~-.s, deoca Ranch, FIow. ESml KR102~10 5~.$9 $ 55.~ $ 67.437 TOTAL The purchase price Is 21.6% above the approved appraised v~ue. Negotiations w~h the Ss~ler have been long and diflicutt, There are 1,457,80 acres within these parcels that lie below the safe up~and line deslgnaled by the State which may be In accordance whh FedetaJ Re~Ocallon Assistance requirements, the Diatric: is paying closJnfl and recording costs. Bofh parcels are unimproved. -70- EXIIIBIT- C (Continued) SOUTH FLORIDA WA TER MANAGEMENT DIS TRICT STATEMENT FROM AUDITED OFFICIAL For the Period October I, 1996, Through September 30, 1997, and Selected District Actions Taken During the Period October I, 1995, Through September 30, 1996 ECB 200-936, Ilort Soper May, 1997 Governing Board, Item 33 Agenda Title: Authori~ a settlement agreement of an ins,erie condemnation counterclaim for an eminent domain action involving approximately 136.44 acre~ of land within the East Coast Buffer Strip de.*ignaled boundaries ~t.t,led.Youth Florida It/ater Management Di~trlct ~,. Hort A. .$'oper and ~71[iam 3fodahl, in the 17t} Circuit Court for Brot~'ard C'~unt). Ru~th_~lements: Ruth Clements flora OttSce of CounseL We're gonna listen to Soper and Miller right now, instead of later on this afternoon Thi~ is what we were scheduled to have the closed sessions on yesterday, and because oflhe timelines, we postponed that and decided we'd just discuss it in the open. These are two proper'ties that have been involved in eminent domain actions - they went to eminent domain from inverse condemnation with the agreement, excuse me. they went to eminent domain from inverse condemnation action with the agreement of the property owners. This morning I'm bringing to you a package settlement on both properties. The setllement would involve acquiring these properties, which are bolh within the designated boundaries of the East Coast Buffer Strip. They're located in Soulhwest Broward County. As you can see just north of the Dade - Broward County line. The settlement would be to acquire the properties at $18,000 an acre. Richard Machek, B_o__a.rd Member., Move to approve Board Member (undeI.gr__mi~ne~D5 Second RC: Thank you. ~onny Williamso_n,.._Board Chairman; Alright. For the public, that percipitous motion is because the Board has been fully briefed and 1 presume there s plen y information here for the public. Any discussion Board? Any questions? All in favor? All opposed? It is passed. EXHIBIT- C (Continued) SOUTIt FLORIDA WATER MA'NAGEMENT DISTRICT STATEMENT FROM AUDITED OFFICIAL For the Period October 1, 1996, Through September 30, 1997, and Selected District Actions Taken During the Period October 1, 1995, Through September 30, 1996 South Florida Water M:magc;l, cnt District MGT 10-04-16 TO: Governing Board MerrJ>urs THROOGI~: /~arbara Markham, GeIleral Counsel, Office of Counsel Ruth xnvolving land within the East Coast Buffer Strip designated boundaries styled }{orr A. SoBer 0nd W$~liam Modahl ./. South Florid.% Water_~Managem~nt Distr~{~, in the 17th Circuit Court for Browsed County, Cage ~0. CL 96-001810 [131 and approve and adopt a Be~olution authorizing eminent don~ain proceedings for the ac~xsition of certain lands owned ~/ Herr A. Scper and William Mcdahl, containing 136.44 acres, more or less, in Br~ard County, Eagr Coast Buffer Strip Project and authorize a Resolution to the The subject proper~y is owned by Herr A, Soper and Willia~ Modahl. The pro~rty 15 located in southwest Broward County on the ea~ ~de of U.S. 27 approximately one mile north of the C-9 Canal w~thin the corporate limits of the City of !{ir&~ar. The properly con~:sts of approximately 136.44 acre~ o~ vacant land and ls designated ~ithin the boundaries of the E,%~L Coast Buffez {See In February, 1996, %he property o'~ners filed suit against the District alleging that the water lcv~;s on his property constltu~ed an unlawful taking in the nature Of inverse condemnation. Ilumerous conversa~£ons between the partie~ re~ulted in an agreement to apprai~ the property for possible voluntary acquisition since it EXHIBIT- C (Continued) SOUTtl FLORIDA WATER MANAGEMENT DISTRICT STATEMENT FROM AUDITED OFFICIAL For the Period October 1, 1996, Through September 30, 1997, and Selected District Actions Taken During the Period October 1, 1995, Through September 30, 1996 EXIIIBIT- C (Coatitttted) SOUTII FLORIDA WA TER MANAGEMENT DISTRICT STA TF. MENT FROM AUDITED OFFICIAL For the Period October 1, 1996. Throt~L,h September ilO, 1997, attd Selected District Actioas Taken DaritL~, the I'eri~;d October 1, 1995, l'l~rt;agh ,$'c[;tcmbcr.~O, 1996 ZE--/ -74- EXIIIBIT- C (Continued) SOUTIt FLORIDA WA TER MANAGEMENT DISTRICT S 1'4 TEMENT FROM A UI)ITED OFFICIAL For the Period October 1, 1996, Through Septeotber 30, 1997, attd Selected District Actions Taken During the Period October 1, 1995. Through September 30. 1996 16G1 South Florid,a Water Management District ~ E fYI 0 R A N D U_~! 3./~arbara Markham, General Counsel RECOMMENDATION: BACKGROUND: Nove, rnber 29. 1996 and excluded the PtescoIt Place and Oator Bluff Vals from the EXHIBIT- C (Continued) SOUTtt FLORIDA WA TER MANAGEMENT DISTRICT .%' TA TEMEN T FROM AUDI TI".D OFI,'ICIA L For the Period October I, 1996, Through September 30, 1997, and Selected District Actions Taken During the Period October 1, 1995, Through September 30, 1996 BACKGROUND (conl'dh Governing Board Members Februal¥ 13, 1997 Page 2 exposure Jssue$.] -76- EXHIBIT- C (Continued) SOUTtt FLORIDA WA TER MANAGEMENT DISTRICT S TA TEMENT FROM AUDITED OFFICIAL For the Period October 1, 1996, Through September 30, 1997, attd Selected District Actions Taken During the Period October I, 1995, Through September 30, 1996 BACKGROUND (cont'd): Governing Board Members February 13, 1997 Page 3 determined by a survey. The Districl has the right 1o terminate tho agreement in the evenl the purchase price increases by greater than two percent. The survey obtained by the District increased the total acreage of the property an additional 1653 acres with a resulting increase in the purchase price by $947,169.O0. This equates to a 4.5 percent increase over tho cool racted sales price of $ 21,006,180.00. The District's 161 Agreement with the State requires that the State pay for such increase. However, we propose that the increased cost be shared with tho State and that the District pay 23.8% of the increase and the State pay 76.2% based on the District's and State's proposed ownership interest in the Property. The Amendment to the 16"i Agreement would reflect Ihese terms as well. The Closing Dale will be extended until March 14, 1997 by Third Amendment to tho Latt Maxcy "Prairie Parcer" Agreement, which amends the closing date in the Second Amendmenl. This will enable Governor and Cabinet review and consideration for approval of the Amendment to the 161 Agreement. The Nature Conservancy fee was negoliated to $155,000 from 1% of the purchase price, STAFF RECOMMENDATION: Staff recommends the following: 1) The Governing Board accept as the District's proportionate share, 23.8%, of the UXO clearance costs, if any, and of the potential liability based on the District's proposed ownership interesl in the Property. 2) The Governing Board approve increasing the purchase price in the amount of $947,169.00, This increase will be shared by the District arid the Sta~e on a 23.8%/76,2% basis, respectively. -77- EXHIBIT- C (Continued) SOUTH FLORIDA WA TER MANAGEMENT DISTRICT STATEMENT FROM AUDITED OFFICIAL For the Period October 1, 1996, Through September 30, 1997, and Selected District Actions Taken During the Period October 1, 1995, Through September 30, 1996 BACKGROUND {cant'd}: Governing Board Members February 13, 1997 Page 4 3i The Disttlct enter into a Third Amendmant to the Purchase and Sale Agreement for the Property extending the date of closing as provided in the Second Amendment to March 14, 1997. 41 The District close on the Property subiect to the following conditions precedent: a) the Governor and Cabinet agree by March 11. 1997 that the State accepl as the State's proportionale share, 76.2%, of i) the clearance costs, if any, iii the potontial liability, andiiil the $947,169.00 increase in the purchase price due to the acreage adjustment, and bi the Oislrict and the State enter into an Amendment to the 161 Agreement in accordance with these terms. c) the extension on the date of closing to March 14, 1997. 5) The Governing Board delegate to the Executive Direclor the authority to execute a Third Amendment to the Purchase and SaIe Agreement for the Property and the authority to execule an Amendment to the 161 Agreement ~'vith the State in accordance with these terms. This matter will be brought back to the Governing Board in the event the negotiated terms materially differ from this recommendation. WFM/ATC/BIP/Imt Staff Contact.. 561/687-6536; B/air Little John, Director, Real Estate D/w~ion, Construction and Land Management Department, 56t/687-6842 -78- EXHIBIT- C (Continued) SOUTtl FLORIDA WA TER MANAGEMENT DISTRICT STATEMENT FROM AUDITED OFFICIAL For the Period October 1, 1996, Through September 30, 1997, and Selected District Actions Taken During the Period October 1, 1995, Through September 30, 1996 ATTACHMENT This AHachment provides information regarding the responsibilities for clearance of the Property and personal injury. It is based on preliminary information and general legal principles. Any assessment of potential liability would require further review based on specific factual information and reseach of the applicable law. Site Remrdiation crews on air to ground bombing and gunnery ranges. The Property comes under the Formerly-Used Defense Sites, which is administered by the Huntsville Center. U.S. Army Corps of Engineers. The Huntsville Center has prepared an Archive Search Report which identifies the general flight pattern areas and bombing target locations, and includes information based on a preliminary site inspection and records search. The Huntsville Center has concluded in a letter to the District that development in the areas of the known targets and fligh~ patterns should be avoided and that unexploded ordnance ("UXO") clearance will be necessary in larger areas of disturbance due to the possible presence of subsurface ordnance. Any intrusive activities (construction or improvement of Park facilities, roadways and traits) would require clearance prior to excavation. Cleacsnce activities usually require sweeps of the area with metal detection instrumentation to recommended depths and removal of the detected UXO by trained personnel. A follow up procedure is then conducted for quality assurance and certification of clearance. A conceplual site clearing plan with associated costs was proiected, assuming UXO contractors and not Huntsville Center support The COSTS to clear sites are substantial ranging from ,$800 to ,$2700 per acre depending on the improvements and type of clearance necessary. Total estimated clearing costs may range as high as $4.7 million to ,$11.6 million, depending on the degree of improvements associated with park development, The Huntsville Center acknowledges the Federal Government's responsibility under the Defense Department's Environmental Restoration Program to assess the site and take appropriate action. It does not hold the landowner responsible for suchremediation. Unfortunately, under the present Federal program, a landowner cannot undertake remediatlon on its own and seek reimbursement from the Federal Government. However. the Defense Department is authorized to enter into Agreements with Governmental entities reimbursing such entities for services provided in assisting the -79- /';X/I/BIT- C (Continued) SOUTII FLORII)A WA TI'JR MANAGEMENT DLS'TRICT S TA TEMENT FROM AUDI TED OI"FICIA L For the Period October 1, 1996, Through September 30, 1997, (md Selected District Actions Taken Dttring the Pet~od October 1, 1995, Through September30, 1996 Department in the cleanup of SUCh sites. Engineering Evaluation/Cost Analys~s ("EE/CA*) which evaluates the site to determine The Defense Department has drafled a proposed Range Role which will create a new process for managing response actions et Jcl'mar military ranges, This proposed rule ~s m ~esponse to a proposed EnvircnmarllaJ Protec',tion Agency Military Munitions Rule wh[oh defers action by EPA on regulating such aclivity under tho Fedora[ Resource Conservation and Recovery ACL Under the p¢oposed gefense gepartmen[ rule, an actual risk assessment could be conducled based o~ public risk assessment modeling to make an informed ~isk management decision protecJive of human health and the onwronmen: and providing for public input andinvoIvemenL It is anticipated ~hat unde~ th~s approach the Ptoper~y would be elevated ~or further action. However, rutemaking will not be completed for at least a year and the Defense Department musJ still contend wi~h budgetary hmiJa~ons. a. Federal Responsibility Under the Federal Tort Claims Act, 28 U.S.C. it 1346(b) and 2674 (1996), the Federal Government is liable for personal injury or ~ea!h Caused by negligenl or Like most states, Florida follows the generally accepIed rule that the 2 -80- EXIIIB1T- C (Continued) SOUTH FLORII)A WA TER MANAGEMENT DISTRICT S TA TEMENT FROM AUDITED OI"I"ICIA I, For the Period October 1, 1996, Throtzgh September 30, 1997, and Selected District Actions Taken During the l'eHod October I, 1995, Through September 30, 1996 involved. The amounI of cate required increases with Ihe dath'.lerousness of the materials and thus with the likelihood of iniury. Government liable for personal iniuries resulting from explosive dovlcos on former manual inspection, inadequately policed the property before releasing it to private have found no Federal liability where military personnel conducted a decontamination b. Pri9r Lon9gwn~r R~,.,~onsibili[',/ Or?nariJy in non-residential transactions, a prior landowner is nol liable for injuries occurung on the property after the sale of the properIy absenl failure to diSClOSe a hidden conddions. While tbe Seller failed lo disclose the prior uso of Ihe Property as a bombing range, the Dislrict through its own due diligence has obtained some information pertaining to a hidden condition. c. ~'istrict Resogn~ibilii~ In general, [he District and the State as the new owner of the property will owe any person lawfully on the Properly a dUly of reasonable care [o pro[ecl that person from harm with regard to the condition of the properly. This duty Io an invltee includes [he duty Io use ordinary care in keeping the Property in a reasonably safe condition and to give timely notice of concealed perils which are known or should have been known. The care which the owner of the Property is bound to take ~s proporbonate to the probability of injury that may arise. -81- EXHIBIT- C (Continued) SOUTtl I"LORIDA WA TER MANAGEMENT DISTRICT STATEMENT FROM AUDITED OFFICIAL For the Period October I, 1996, Through September 30, 1997, and Selected District Actions Taken During the Period October 1, 1995, Throttgh September 30, 1996 KPE 100-001. l.alt ,Maxry Corp. April. 1996 Governing Board, Item 32 Approve the ?urcha~e of/and interest.* containing J6,659.95 acres, more or ~esl, in ()keechobet Count)', Ki.;Mmmtt Prairie Ecosystem t~roject, and authori:e ~ re~olulion to the Board of Trustees of the Internal Improvement Trane Fund requesting rdmburaement for thi. s acquisition and a~oclated ¢o~t~ and authorize a rtJohrtion to the Department of Environmental Protectitm requesting reimbur~ement for this ucquL;itlan and t~saciated co;ti BilJ.~la!~ne Item 32 i~ a recommendalion that you approve the acquisition of lands known a~ the Kiss/mince Prairie. owned by the Late Maxcy family, in Okeechobee County - 36,659 95 acres, mbject to a ~umey The purcha~ price i~ Just over $21 million The acquisition was negotiated by The Nature Con~tvancy - and they ~e ~he named buyer The seller re~mg the fight to drain from thc prope~y ~ Ihcy arc now They will remain in ~ssession and have cattle on the pm~y until the e~ of ihls year There are one, perhap~ a* many as thr~ cattle vail on the prope~y We n~d to su~'ey to d~ermlne exactly how many Those catlle dlpping vats will be a~lyzed, and then i~>lated and excluded from the lransactmn We will take, we and Ihe state will lake a conscmation easement over the lands where tbe vats are locate, and that ~5II include an o[~tion Io purchase tho*c lands at such time as they're eilher cleaned up. or determined that clean up is not necessary There is an environmental cleanup that will be the responsibility of the seller That has been capped at $25.0OO 00 If lbe amount oflhe cleanup exceeds that, either party may t erin/hate the agreement TIITF, the trances, will need to approve thls transaction and DEP will need to release funds for the tran~¢tion, The east share on this particular transaction will be roughly 76% State, and 24% District. This is a part of Ibc overall transacfon involving tbe Maxcy:, In February, you approved the acqulsition of thc [ands we needed for the River The overall transaction will end up being slightly over $17 million for Ibe water managrment distr{ct and slightly over $16 million for the State of Florida through the CARL program Thi$ partioJlar part of it will he 76 .- 24 We will do a 161 agreement - what'~ known as a 161 agreement, wilh the State, and the State and Ihe District v. ill share undivided interest in [bese lands proportionale 1o the money that has hcen pul into it And there's a condition that closing would require satisfactory ti:lc There's also a S25,0OO cap on tho: And we have included a prox~sicm m adjust the price depending on zhe results ora survey thief we will conduct at the public's expense So thal's it - we're excited about it This area will become a state park and ~he Division o£Rec and Parks and DEP will be the lead manager for this property ,Mrlghl Mr Reed, do you ;'.'ant to make a motion~ -82- 16G1 r EXttlBIT- C (Continued) SOUTH FLORIDA WATER MANAGEMENT DISTRICT STATEMENT FROM AUDITED OFFICIAL For the Period October 1, 1996, Throagh September 30, 1997, and Selected District Actions Taken During the Period October 1, 1995, Throagh September 30, 1996 KPE 100-001, l.atl ,Maxcy Corp. Page 2 Wi~h great pleasure Madame Chairman Overhead I A'hown During lYeJentation: Purchase Price $21.0~6. 180 Approved Appraised Value. $2.1,600,000 OO TNC i~ lhe named buyer Seller rclammg a catllc grazing rescn.'afion unlil 12 t/31/96 Callle dipping vats and a buffer zone '.,,'ill be excluded Overhead 2 Sht~wn During Presenlatlon: District wlI get a conservation easemenl and an exclusive option Io purchase Any environmental cleanup will be the responsibility of thc scller not to exceed 525,0000 In the event the cleanup exceeds 525 0~0, ehher pan',' may ern hale Ihe Closing condifioncd upon TIITF approving lhe transaction and DEP releasing funds for paymcnl of purchase price Approxlmalely $16 1 million plus closing costs (76%) from CARl. Trust funds and the balance (24%) from Walcr Management Lands Trust Fund Overhead 3 Sh#wn During Presentation: A funding acquisition agreement with DEP will be nece,~saO, The District and the State w~ll acquire an undivided inlerest in thc properly Closing is conditioned upon satisfactory lille with a $25,000 cap on cost to cure Either pony may lerminate agreement if costs exceed $25.090 Purchase price may increase or decrease by 2% subject lo a final survey at the District's expense -83- EXItlBIT- C (Continued) SOUTIt FLORIDA WATER MANAGEMENT DISTRICT STATEMENT FROM A UD1TED OFFICIAL For the Period October I, 1996, Through September 30, 1997, and Selected District Actions Taken During the Period October 1, 1995, Through September 30, 1996 -84- EXIIIBIT- C (Continued) ,$'0U171 FLORIDA WA TER MANAGEMENT DISTRICT S TA TEMEN T FR 031 AUDI TED OFFICIAL For the Period October 1, 1996, Through September 30, 1997, and Selected District Actions Taken Durittg the Period October 1, 1995, Through September 30, 1996 ACTIONS AND MILESTONES TO DATE ANALYSIS OF COST/IMPACTS -85- EXHIBIT- C (Conthtued) SOUTH FLORIDA WA TER MANAGEMENT DISTRICT STATEMENT FROM AUDITED OFFICIAL For the Period October I, 1996, Thro.gh September 30, 1997, arid Selected District Actions Taken During the Period October I, 1995, Through September 30, 1996 A.~ALYSIS OF COST/IMPACTS (toni'd) -86- EXHIBIT- C (Continued) SOUTIt FLORIDA WATER MANAGEMENT DISTRICT STATEMENT FROM AUDITED OFFICIAL For the Period October 1, 1996, Through September 30, 1997, and Selected District Actions Taken During the Period October 1, 1995, Throagh September 30, 1996 KPE 100-001, [.att Maxcy Corp. May, 1996 Governing Board, Item 48A Page 3 Agenda TiII~: A?prove Acquisition Agreement with Board of Trustees of the Internal Improvement Fund for thejolnt pureha~e t~f lands within the Kiaaimmee tYalrie Ecosystem Project, using District land acquisition procednr~ and authorlz~ a resolution to enter in to a Fundinl1,4cqui~ition Agreement with the Department of Envlronmental l¥otectlon for relect~e o f funds for payment of appraxlm~tel), 7~ percent of the purchase price from CARL Trust Fund~ Transcript: Item 48 is kindofahousckcepingitem We have broughtacoupteofagrecmcntsonlhe Late M~xcy properly on the R/vet in the past ~everal months In order to have the state panlcipate in those, we need to go through IbC process of executing what is known ar a 161 Agreement - 5o called because that was the number of Ibc }louse bill introduced and supported by Represenlatlve Rick Minton a year or two or three ~,go This agreement will go to the Truslees and be approved by them late* lhis month or in early June Basically it sets forlh Ihe way we are going to *plit up the [.art Misty dollar~ - we will pay I 0r.~/, of the costs for the River pasc¢ls, they will then pay 76% of the co.~s on the adjacent Kissimmee Prairie And when you add all of those up it will result in an overall 50-50 cost share on this 45 or 6 Ihou~a~d acres So there's really no money here - it is a step we need to take in order to make sure we get thc ~late money inlo this project. Motion is on the overhead So basically thi~ i$ approving the agreement that makes it a 50.50 Motion by Mr Hammond Second by Ms Sinser All in favor. All opposed No opposition It passes Overhead Shown During Presentation: 161 Agreement covers l.att Maxcy owned properly in Kissimmee River and Kissimmec Prairie I)istricl .~51l pa5 100% of costs for River parcel~, Trustees v.i;I pay 76%*- ,$16M) and Dis:rice will pay 24%*- (55M) for Prairie parcel Board must pass resolulion providing Tmslecs wnh a'.smances (Title. environmental cie) -87- EXIIIBIT- C (Continued) SOUTtl FLORIDA WA TER MANA GE34ENT DISTRICT STATEMENT FROM AUDITED OFFICIAL For the Period October 1, 1996, Through September 30, 1997, and Selected District A cfions Taken Durin,~ th e Period October 1, 1995, Through September 30, 1996 -88* EXIIIBIT- C (Continued) SOUTIt FLORIDA WA TER MANAGEMENT DISTRICT S TA TEMENT FR OM AUDI TED OFFICIAL For the Period October 1, 1996, Through September 30, 1997, attd Selected District Actions Taken During the Period October I. 1995, 'lTtrough September 30, 1996 ACREAGE N/A. Pa~;e 2 J PROJECT D£SCRIP'i'ION & BACKGROUND (conrd) E~,ec~iC~Jly. Eocflon 259 041 (16), F S, p~o~des that the Board c4 Tru~lee5 r".~y a~me Ig flc¢~p! an ur~JNidc~ inleresI in ALTERNATIVES TO THiS PROJECT/ACTION AND THE PROS AND CONE OF £ACH EXHIBIT- C (Continued) SOUTH FLORIDA WATER MANAGEMENT DISTRICT STATEMENT FROM AUDITED OFFICIAL For the Period October 1, 1996, Through September 30, 1997, and Selected District Actions Taken During the Period October 1, 1995, Through September 30, 1996 ACREAGE N/A. Page 3 MAJOR PROVISIONS OF ACQUISITION AQREEMENT~.~ -90- EXIIIBIT- C (Contintted) SOUTtl FLORIDA WA TER MANAGEMENT DISTRICT STATEMENT FROM AUI)ITED OFFICIAL l"or the Period October 1, 1996, Through Septentber 30, 1997, attd Selected District Actions Taken Dttring the Period October 1, 1995, Through September 30, 1996 KP£ 100-001, I.att Ma,¢y Corp. ['age 4 Agenda Tille: A??rove the folhr~'ing changes to both the Kimimmee River and Ki.~immee l'rairie agreement* with the Latt Ma_tO. Corporation. couple three additional points The closing date on the River has been set for September I6 The clo',ing date on the Prairie will be November 29 The reser,.'ation term --we had h~pcd lhat they would s~ay on thc pro,ny for an additional >eat - through calendar )'car '97 '[hey are not '~illlng lo do that, ~o they will be off the properly as of' December' 3 I. There are still two ','als in the property that we're buying on the Kissimmee Prairie portion of the acquisition, ahhough thai val is nol bclng acquired That vat ~.411 be carved You need a motion Bill* I do need a morton V_a efie_Bo.yd. B_o~r_d (~a__rman- A motion by Mr Reed Second by Mr Graham All Ihose m favor . o oblechon, the EXIIIBIT- C (Continued) SOUTIt FLORIDA WATER MANAGEMENT DISTRICT S TA TEMENT FR OM AUDI TED OFFICIAL For the Period October 1, 1996, Through September 30, 1997, and Selected District Actions Taken During the Period October 1, 1995, Through September 30, 199t~ South l'~lorida YVatcr Managcmcnt District -92- EXItlBIT- C (Continued) SOUTtt FLORIDA WATER MANAGEMENT DISTRICT STATEMENT FROM AUDITED OFFICIAL For the Period October 1, 1996, Through Septentber 30, 1997, and Selected District Actions Taken During th e Period October 1, 1995, Through September 30, 1996 KPE 100-001, Latt ..Maxcy Corp. December, 1996 Governing Board. Item 54 Page Agenda Title: Approve the Amendment to the Agreement fi)r Sale and Purchase for the Kissimmee Prairie properD. with Latt Marcy Co~oration, dated April 1 O, 1996, regarding environmental cleanup. Transcript: _Bill Malone. as I present them to you, I think they're straightforward If you have any discomforl, just let me know, we're perfectly willing to back off- ! can meet with you over lunchtJme and get you up to speed on them, then we could do them later ~n the da.',', if you would tike to do that Item 54 is an amendment to the contract whh Latt Maxcy regarding the Kissimmee Prairie You'll recall lhat we agreed to participate in the purchase of thc Prairie, and that we later found out that part of the Prairie had been used as a bombing range. And there's an unanswered question as to what is left out there and the extent to which it may need to get cleaned up This is particularly important on this parcel, because this is to be a state park. Obviously, if you've got that kind of problem, you can't use it for that kind of purpose. We have negotiated with thc 3. taxcy people an amendment to the contract to extend until mid-February, whatever the date is shown there. 1 guess it's Ull April I0. I'm sorry, until February 14, to give us time to finish looking at this particular problem ]'here is a potential dispute with the Maxey'$ over - they feel that we have used up our rights to try to bold them accountable for this problem We think that we have not so used up those rights, and so this amendment specifically acknowledges that neither party is giving anything up c~r getting anything ex-tea v,'ith regard It) those palticular issues We expect a signed copy of this amendment from the Maxcy peopJe about noon me. ] would ask your approval subject to the receipt of that If:ye don't get it or ifthere's a problem, then we'll come back Ibis afternoon move _~J.erie B_ozLd~_B o ~r d~C ha ir m a n; We have a motion and a second Discussions? All those in favor? No objections the motion carries -93- EXHIBIT- C (Conthtued) SOU?ti FLORIDA WA TER MANAGEMENT DISTRICT STATEMENT FROM AUDITED OFFICIAL For the Period October 1, 1996, Through September 30, 1997, and Selected District Actions Taken During the Period October 1, 1995, Through September 30, 1996 South I:lorlda Water Management District LASt Oq MEMORANDUM TO: FROM; DATE: -94- EXIIIBIT- C (Continued) SOUTIt FLORIDA WA TER MANAGEMENT DISTRICT STATEMENT FROM AUDITED OFFICIAL For the Period October 1, 1996, Throttgh September 30, 1997, and Selected District Actions Taken During the Period October 1, 1995, Through September 30, 1996 KPE 100-001. Lair blaxcy Corp. February. 1997 Governin~ Board. Item Page 6 Transcript: I wahl lo {a]k with you for a few momen{s abou[ the L.all Nfa~cy. Kissimmec Prairie parcel This is a p~ece o£ land in Okeechobee County. just easl o fthe Kisslmmee River. about 37.000 acres worth. You've been provided a memorandum, iI's [englhy. I'd llke to lead you lhrough d ill may and try to hi{ on lhe hJghbghls This is a pretty complex issue, and ~,e're basicaBy asking you to lake a litlle risk here Iodav We Ihink il is an appropriale ]eve[ o£risk, but {hcre is some exposure and you nced'lo hear aboul Ihat You approved the purchase of this land jn ..'~pril of 1996 The purchase price was $573 per acre. ~bich is 85% of die appraised value of $671 an acre in Augusl we extended lhe amendment to provide for closlng to occur by the end o£November and lo exclude some caltle ','als from fi*e lransacl/on t~. second amendmen[ svas done in November. uh December, which exlended the agreemenl to February 14 We had become aware through the environmen:al assessment process that thc site. the premises had been used as a bombing range d~ring World War 11 and there was a pelenfial for unexploded ordnance nn Ihe proper~y The Corps has provided us wdh lhair final report, and they have acknowledged that there Js federal responsibillty with regard io unexploded ordnance and Ihey have specifically acknowledged that Ihe responsibility for clearing this silo is not a landowner responslbi[ity However. it's a Iow priorltv in their o,,e~all scheme of things, and if the landowner goes first and clears Ihe propen~ lhen lhcre is no exislmg provision for federal reimbursement The Corps has advised Ihal development in the areas oflhe known targets and flight palterns should be avoided Can you repeat fha[ one more lime pleasc~ The Corps has ad~.'ised Ihat development Jn the areas oflhe kn.wn targcls and Ihe fiighl patterns should be avoided And further, that unexploded ordnance should be cleared in areas of major disturbance, and in areas where Ihere x, itl be an',' Intnlsi~ e construction activity And an intrusive consmac~on actLvily iS one ~hal goe~ into lhe ground to be accomplished The target ~eas on the property, and it's on the overhead, the target areas on the properly are the five red circles generally Incated on Ihe eastern portion of the parcel The flyways are identified in yellow, and you can see here, we have prepared, and this is our produc~. this is nol the Stale's product, but we've prepared a very conceptual scheme of what the development of this property as a State park might [ook like And v.e've tried to put in -05- EXtlIBIT- C (Continued) SOUTH FLORIDA WA TER MANAGEMENT DISTRICT S TA TEMENT FROM AUDITED OFFICIAL For the Period October 1, 1996, Through September 30, 1997, arid Selected District Actions Taken During the Period October 1, 1995, Through September 30, 1996 KPE 100-001, l..att Mosey Corp. Page 7 kind of~nfii~ t~e ~. ~ ab~me of conflict Y~ ~ ~e l think, flora wbefe the in my opin}o~ would ~r~lly ~r clo~r to thc dyer rather than farther away from thc Sonny W H I i a m ~9~B~.ar~t red d~s arc where y~ have alk~ated p(aential planning All right ~L We've had a con~.altant look at the prosected, potential cost of cleaning up this area, a~d we're talking about numbers that are in the range of $800 to $2,700 an acre, depending on tbe degree o f improvcmentl associated wilh the development '[be total estimated clearing costs, ifyo~ avnld the target a:'ea$ and the flyways, could be between $4 and $5 million - and thal'~, ba~d on 2.000 acres of development, which is probably a high number, at least in the shor~ term If there is an acc{den{ on the properly and thc landowner is sued. and the landowner loses. then o f course Ih. at }iabilit y would be ~.:bstantia{ We belicve that it is a good business declslon to share these exposures with the State of Florida We w*[I have, if we go through with thi~, z 23 8% undivided interest in {hat land, and '~.e believe, {bat a~ parlners with the state, that wo~ld be an appropriate way to di~de up the respensiL,*hty for the clearing ifil is done before the fe~s get around to it, and for any I;abthty IEat might ultimately acc~c And r.o, ~,~th regard to the unexplodo:l ordnance, we're recommending that you allow thc closing to go ahead and occur ~bject to the Governor and Cabinet agreeing to take on their ghare of this responsibility, ~'.hich would be 76 2 ~ And {hen there '.~ould have be a~ amendment to our ago'cement ~.{th the State ,\no:her issue on this property is thc sizc of the parcel itself Thc original appra ~l and -96- I~XIIIIIIT- C' (Continued) SOUTtl I"LORIDA WA TER ~ANAG£MENT DISTRICT STATEMENT FROM AUDITED OFFICIAl. For the Period October 1, 1996, Through September30, 1997, and Selected District Actions Taken During the Period October I. 1995. Through September 30, 1996 Pa~e 8 · ~hcn thc ~ur'.cy u. as completed, it was discovered that thcrc arc an additional 1.653 acres on thc site. above what we had originally ¢~limated This would rai~ the ~rchasc price by almost 5950.~. and t~t acreage adju~ment is a~ut 4 5% Tberc is a conlra~ual provision in our ccmtra~ wilh Ihe I~omr that allows us Io cancel Our agreement wnh :he Sta;c that we worked olJt For lhi$ parcel has us paying 55 million and them paying tbe rest Now that would mean that this acreage adjust ment. would. under the terms of'the existing agreement, be a 10~/0 State responsibility In the interest of partnership, sharing lhe cxposure on the unexplodo:f ordnance, we think it's also approprlale Io '*hare in the additional cost due lo Ibc acreage adjus~mcnz Thc closing date need* to be extended one more time, and d v..o, JId be extended unrl March 14. 1997. to allow time (or the Governor a~l Cabinel Io review lhi~ lransaclion And finally, the Nature Con~ervancy fcc, which wa~ o~igm.~lly contemplated lo be I¥*. ha~ been tcncgotialcd downward, and is now. ha~ been agreed lo be $155.rX}O ~ following conditions precedent, Thc Governor and Cahinc[ would agree by Match 11. that thc Stale accepts lhelr share of this lransaction. To include the liability and the clearance cosls and the increa~ m thc purchase price Fourlh. the District would enter inlo a third amendment with thc lando~'ncrs In make Ihe~c ad~uslmems in that lransaction - u. ilh lhe landowner thc ad)ustmcnls that have la do with thc purchase price and Iht clo~ing date. and finally. Ihat y(m delegate :o the Execurve Direclor. tbe authority to execute the third amendment lo the LIlI Maxcy. Prairie property agreement. ~ the authority lo ex~ule an amendment to our joim ~nding agreement ~'ith Ihe Slale of Florida We base had inlcnse discussions wllh DLP and ~he Division of Slate l.and~ My u~derstanding of'their current position is that they are winking Per~ is bert. he may bc willing And I know he'll help me if I gel out of pounds, but th.cy'rc working hard lo try and figu*¢ out a way to supporl Ihis They are very concerned about ~he. to daze. really -97- EXIIlBIT- C (Continued) SOUTIt FLORIDA WA TER MANAGEMENT DISTRICT STATEMENT FROM AUDITED OFFICIAL For the Period October 1, 1996, Through September 30, 1997, and Selected District Actions Taken During the Period October 1, 1995, Through September 30, 1996 Thank you Madam Chairman, members of IbC Board When we entered into the Thank you We appreciate ymJ working with us YmJ km~w. Flill. maybe we could defer With 50 years of cows pressing down on Ibis property, Iherc's probably no way somebody's gonna walk around and explode anything thal's unexploded On thc other hand. human bclngs have been known to find a pi¢ct: of metal slicking out ofth~ ground EXIIIBIT- C (Contiuued) SOUTII I"LORII)A WA 7'ER MANA (;EMIfNT I)ISTIUCT STA TEMI",NT FIeOM A UI)ITEI) OFFICIAL l.'or the Period October 1, 1996, Tbrott,gh Se?tember 30, 1997, and Selected District Actions Taken l)urin.~ the Period October 1, 1995, Through September 30, 1996 16 ? Barba!a ~!a~kham ll~bara M,~r kh,~m Barbara Markham No The ~nached ~rter~otandll~ rcgauhng federal r¢$p~m,lblh!le~ '~.lx,g lhal lhe federal EXHIBIT- C (Continued) SOUTII FLORIDA WATER MANAGEMENT DISTRICT STATEMENT FROM AUDITED OFFICIAL For the Period October 1, 1996, Through September 30, 1997, and ,Selected District Actions Taken During the Period October 1, 1995, Through September 30, 1996 KPE I00-001, [.~lt Maxcy Corp, Page II somehow missed one, then it would be a regular question of negligence - were they negligent, did they use ordinary care or didn't they? $o I think the federal government's }iability remains there, however, there's alwayY, the chance that somehow the landowners, DEP, and the DNIrict would be found responsible fi~r part of some liabilSt~,, and that's whal we're recommending shtydld be shared between DEP and the Dislrlct $o there ix a chance thai we would also be the {arge~ f here were an injury, as welt as the B_a~ ~ara3t~rJ~ ha m_. Yes. there is certainly that chance 'We would urge, no dczJbt, that the federal government be held responsible, unlc~s it had, by that time. conducted the sweep and had cleared the area of anylhing that it could find, but. there's always some risk. depending on the facts, that we may be held liable for a portion ot~it TetT3t, do you want to add lo that" Just want to add a couple things to that M~ Chairman In the }crier thal the attorney for the Corps 'mTOle to Mr Malone. she m~kes a slatement that Ihe DOD policy on unexploded ordnance is that it is {he respon~ibRity of'the Department of Defense In [he next sentence, it goes ahead This is item D Bill That's ~n a {etter that ] don't think the Board has This Js in a letter that Bill Malone received from Margaret Sim OhS. c)unsel for the Corps of Engineers Thank Then the next sentence, she goes on to point out. it's talking about clearing the property. so she doesn't expressly say that it's their liability for injuries to third p~rtles ] believe it would be, and if we were ever ~ued. we would certainly bring them [n as having the primary responsibility for foe injury On another interesting note, I asked M~ Simmons EXHIBIT- C (Continued) SOUTH FLORIDA WA TER MA NA GEMENT DISTRICT STATEMENT FROM AUDITED OFFICIAL For the Period October I, 1996, Through September 30, 1997, and Selected District Actions Taken During the Period October 1. 1995, Through September 30, 1996 KPE I00-001. I,att ,Maxcy Corp. Page 12 when I was talking h~ hcr yesterday. I ~aid well now since it ~ the te~ponsibiligy f~:r the federal government. I said we'd like to gel an indemnification, a hold-harmless agreement from Ihe federal government Well she laughed politely huh. righl and said the federal government like~ to get tho~ from other par~ies, but they don't Nladame Chairman. thank you I'm George Wdson with The Nature Conservancy not a liah;lity la~'yer, and it is imporlant [o talk abo~t the worst case. which I think I'm hearing in the discussion t~day I think il would be interesting to put a ~pJn on what has really happened out Iher¢ In tbe 50 plus years, the property ha~ been burned, tot fifty years, it has been grazed. Jt has been hunted, there has been ~ome di~cing [f you look at parl of ibc flight patterns that are south or,he properly, these ~o-ca[led dangerous areas. the Coquini 298 district put in hundreds of mile~ o£ddcha~ and toad~ Olbet properly owners that are ~uth oflhi~. Ihat had thi~ same type of dangerous area have done extensive land clearing and ditching, the Kis~immee canal wa~ p~I thto~gh here. and on the west of the River the Avon Park Bombing Range. which ha~ hall ordnance dropped fotanother4OtoSOyear$.i~awildfifemanagemematea People drive all over it. pet)pie hunt il [ think it would be good to gel a feeling. [ lhJnk you have a grealer risk of gettmghit by lighlning or b[tten by a rattlesnake out here than finding a bomb In the 50 ;.'ears of ranch ownership, and burning, and grazing, and dtivlng all sort~ of vehicles around, there have been no repot{ed incidences (Garbled ~nlences follow) The 5tare is going to use it in a land u~e that i~ actually more restrictive - people would be limited to driving on roads, there may be trails, facility centers, th~ngs like that. but 1 think they're talking about g~ing from a ~ery limited [anti u~e Io an even more limited land use -101~ EXtlIBIT- C (Continued) SOUTIt FLORIDA WATER MANAGEMENT DISTRICT STATEMENT FROM AUDITED OFFICIAL For the Period October 1, 1996, Through September 30, 1997, and Selected District Actions Taken Dttrittg the Period October 1, 1995, Through September 30, 1996 Bjl!3':la]gn¢ The other is ~,ith regard to priority for Ihe cleanup We inlend to work hard with the federal government, with out pa~Iners, to try and help them understand ~hat the ought to be hlgher for this piece of property We've gm pretly g~md access to some people that should be able to influence the action. Equally importantly, we bought Ibe parcel next to the RiYer. seven or eight thousand acres, Ind that's a 100% outs And that's a parcel that's needed for the Kissimmee River restoration V,'e think that we can prevail upon the Corps, if you will, Ihat this ought to be a pretty important thing to fixed in the overall scheme oflhlngs I don't think Ihere'~ any construction activities, per se. that would go on right there, but nevertheless, for a piece of land that's in the middle of the Kissimmee River Restoration project to not ge~ cleared doesn't seem to make a lot {~f sense I Ihink wc've got ~me ability to t,'y and influence the actn~n tt~ get this thing moved a;ong as quickly as v.e can Mr 5dalone, so Ihi~ modifies your earlier assessment in terms of thc Iow priority status of this proiect with the Corps. given the restoration o£the Kiss~mmec The priority is established by the Corps. and Ihelr priority For this properly as we speak is quite Iow. and I don't mean Io imply Ihat it's not. because it is, il i~ Io,~,. We believe that we have good arguments to use wiIh them to try to gel the priority raised, and we intend -102- EXttlBIT- C (Continued) .SOL'ITl I:LORII)A U, 71 TER M/tNAGEMENI' DISTRICI' .%' 1;,1 I'I';MI';NT FROM A UI)ITED OFFICLt L the Period October I. 1996. Through September 30. 1997. and Selected District Actions Takeo During lhe Period October 1. 1995. Through Se?tember 30. 1996 f'a~e 14 to use those arguments, use yotlr help, and an>bed? else lhal ~e can come up with to Ir,,,' arid prevail on them Wedon'Ilhink it's gonna take net.. dollars We think lhe dollars are in the federalpipcline \Velhink it's justamatterofrearr~mgingprioriuessothatthis v.r~rk gets done sooner and somebody else gets work d~me a little later I1'I cotdd pL~t our Vice-Chairman on the spol for a second and set: if he might contribute ,iome thoughts gi,,en his kno,aledgc ~ff~ha~ area Yeah. sure George Wilson said something mterestw, ga minute ago thal l hadn't thought o£and lhat is thai right across the River is a huge bombing range -- it's caUed a bombing range, it was even used up umil vet? recently - ali during thejet days. alter World \Var II. and yet it ~s open to the public Ihrough the hunting season People go in there, drive vehicles ali over the place, a more intensi,.e use in a wa;, Ihan is ever gonna happen here So if you want to tO'to assess risk, that's probably a pratt)good replicate of;vhat's g(m~a happen here, wdh ntahing ever having happened So it's not to sa,,' there's no risk at ali, but I think Ibc risk is so minimal that l'm ',.,.illing ti) accept the stafl;s recommendatior~ take our share o£thc risk i£DEP can find thcir ~;ay to do their share And they have some realgt~)dissues I'm not downpJa?ing those -- but l think that,s, in my opinion, acceptable F;)lIo',~.ing on though, high priority to the Corps if,,ve can gel thai done Clearing of an> areas where v,,e ma5. do intrusive work. and posting ofthose areas, or s~gnage oflh~se alt. as ',;here there may be increased risk ;;hen somebody comes on. and informing lho~¢ lhat cl)~ll: Oil that there areas v, here ordnances ha,.'e beell used. ",'a~le~ e Boyd, Boa_r_d__C_'bair~n~t~ Is that a motion Sonn,r') sv._' Got lot'> ofsecond~ ',:c ii '.ct 3.1t Hamm~.~d second il .,,,Il riuht .",nv fi,tiber discussion" All those in fa'.or" Ave \Vith r~(, ohjectb>n tTle nloti~m carries i03- Goveming Boar.d Meeting November 13. 1998 Page 5 C22. Authorize entering into a contract with the IT Corporation, for the S-5A Diversion Works project construction in the amount of $9,153,912 of which $7,358,825 is budgeted in FY99 and the remainder is subject to Governing Board approval of the FY00 ($1,795,086) budget. (Contract Number C-E207) Joseph A. Schweigart, Director, Everglades Construction Project 23. Conservation Reserve Enhancement Program (CREP) (15 min. P/lO min. D) Paul Warner, Lead Ecosystem Restoration Representative, Ecosystem Restoration Department OPERATIONS AND MAINTENANCE DEPARTMENT C24. Authorize entering into three separate work order contracts with the firms Applied Aquatic Management, Inc., Aquatic Vegetation Control, Inc., and Enviroglades, Inc., for ground application services in a total amount not to exceed $9,000,000, of which $3,000,000 is budgeted for FY99, and the remaining $6,000,000 is subject to Governing Board approval of the FY00 and FY01 budgets. (Contract Numbers C-10614, C-10615 and C-10616) Dan Thayer, D/rector, Vegetation Management, Operations & Maintenance Department PLANNING DEPARTMENT 25. Approve Minimum Flows and Levels Priority List and authorize transmittal to Department of Environmental Protection (10 min. P/15 min. D) Dean Powell, Deputy Director, Planning Department 26. Ag Reserve Update Dan Cao/, Director, Planning Department (5 min. P/5 min. D) 27. Lower East Coast Water Supply Plan Update (15 min. P/10 min. D) John Mulliken, Senior Supervising Planner, Lower East Coast Planning Division, Planning Department 28. Presentation of 1998 District Water Management Plan Annual Report (10 min. PI5 min. D) David Gilpin-Hudson, Lead Planner, Policy, Economics and Business Division, Planning Department 29. C & SF Restudy Update (10 min. PI10 min. D) Tom Teets, Sr. Supervising Planner, Lower East Coast Planning Department, Planning Department WATER RESOURCES EVALUATION DEPARTMENT 30. Key Findings from the Everglades Intedm Report (30 min. P/30 min. D) Garth Redfield, Lead Environmental Scientist, Water, Resources and Economics Governing Board Meeting November 13, 1~98 Pa~;e 6 REPORT FROM THE EXECUTIVE DIRECTOR 31. Water Management Highlights Samuel E. Poole III, Executive Director 32. Governing Board Follow-up Items Samuel E. Poole III, Executive Director 33. Briefing on Allocation of FY99 Funds for Critical Restoration Projects Michael Slayton, Deputy Executive Director 34. Water Conditions Report Tommy Strowd, D/rector- Operations, Operations & Maintenance Department 35. Update on Litigation Barbara Markham, General Counsel End of Morning Discussion Agenda BOARD COMMENT Opporfunlty for Board Members to discuss matters of interest which are not on the agenda BUSINESS CONSENT AGENDA -1:00 P.M. Note: The Board may not wish to discuss these items individually and may approve them as a group. Anyone wishing to speak on one of these issues should complete a pink speaker card (for Business Consent Agenda) and submit it to the District Reprasentat~/e in the lobby prior to consideration of the Business Consent Agenda. This will permit the Chairman to pull such items for individual discussion later on the agenda. D. Motion to Approve Business Consent Agenda items, except for items pulled for discussion DISCUSSION OF ANY ITEMS PULLED FROM BUSINESS CONSENT AGENDA BUSINESS CONSENT AGENDA ITEMS CONSTRUCTION AND LAND MANAGEMENT DEPARTMENT C36. Approve the Amendment as discussed below and authorize actions necessary for the District's S-5A Basin Runoff Diversion Project, including receipt and payment of private and District funds as specifically set forth below. S-5A Basin Diversion Project - Authorization of Amendment No. 1 to the agreement between the South Florida Water Management District and John L. and Patricia K. Hundley and Hundley Farms, Inc. Governing Board Meeting November13,1~98 Page 7 37. Approve the Agreement and the Amendment No. 1 to the Agreement between the South Florida Water Management District and New Hope Sugar, for the District's S-5A Basin Runoff Diversion Project, including receipt and payment of private and District funds. 38. Approve the Agreements discussed below, and authorize actions for various Right of Way Occupancy Permits and land acquisitions for the Cocohatchee Canal Phase 3 Improvements, as specifically set forth below. Mobil Oil Quail Plaza Property Owners Association, Inc. Quail Creek Property Owners Association, Inc. 39. Approve Right of Entry instrument to the District to use the private Cow Creek Ranch Road for access that allows the District to maintain rain gauge equipment of Federal Aviation Administration property in Martin County. 40. Approve declaring for Surplus and Exchange Lots 18 and 19, Isla Del Sol, Broward County, Flodda and approve the release of Right of Way Easement over Lots 28, 29, 30 and 31, Isla Del Sol, Broward County, Florida, to be exchanged for Lot 29 and a release of Right of First Refusal over Lot 18 Isla Del Sol, Broward County, Florida. Authorize entering into a 330 day new contract with Zep Construction, Inc., for construction of the Cocohatchee Canal Structure Number 3 in the amount of $798,000 of which $48,000 is unbudgeted, and authorize a budget transfer from the Cocohatchee Canal Phase 4 Improvements Project to the Cocohatchee Canal Structure Number 3 Project. (Contract Number C-8024) Authorize entering into an 8 month new contract with Ludlum Construction Co Inc for L-12 maintenance dredging in the amount of $798,861 for which funds are budgeted. (Contract Number C-9021 Authorize entering into a 365 day new contract with Gilbert Southern Corporation for construction of the Cocohatchee Canal Excavation Phase 3B located in Naples, Florida in the amount of $1,017,000 of which $92,000 is unbudgeted, and authorize a budget transfer from the Cocohatchee Canal Phase 4 Improvements Projects to the Cocohatchee Canal Phase 3 Excavation Project. (Contract Number C-9022) Authorize entedng into a 150 day new contract with Adrian Investment & Development, Inc. for South Loop Microwave Building Hardening, Phase 3 in the amount of $144,990 to be reimbursed to the District by FEMA at the rate of 50% for which funds are budgeted. (Contract Number C-9051) Authorize entering into a revenue contract with Israel Lopez for the lease of Rocky Glades agricultural land parcels 100-035, approximately 10.3 acres, and 100-138, approximately 10.25 acres, Miami-Dade County, Florida for the purpose of farming, in the amount of $181 per acre per year, for 20.55 acres, for a total annual revenue to the District of $3,720. (Contract Number C-9076) Governing Board Meeting November 13, 1'998 Page 8 Authorize an amendment to contract C-8306 with Greenhorne & Omara, Inc., for Area 2 (Palm Beach, Martin and St. Lucie counties) surveying & mapping miscellaneous services in an amount not to exceed $100,000 which is budgeted and to extend the term by 54 days. (Contract Number C-8306-A02) 47. Approve staff recommendations for releases of District canal, mineral and road reservations, releases of T.I.I.T.F. canal reservations, and issuances of non-use commitments. ECOSYSTEM RESTORATION DEPARTMENT Authorize entering into a five-year cooperative agreement with the U.S. Geological Survey Biological Resources Division for reimbursement of District costs in conjunction with the Critical Ecosystems Studies Initiative Program to determine the effects of water management on tree island health, wading bird population growth and survival, and ongoing restoration of the C-111 basin freshwater-mangrove transition zone in the amount of $125,182 for the first year of the project period - November 19, 1998 through September 30, 1999, which is unbudgeted; and authorize a budget transfer in the amount of $40,000 form the District's contingency fund to the Ecosystem Restoration Department, Everglades System Research Division, Parts, Supplier & Expenses - Other Equipment, Furniture and Interagency Expenditures - Public Universities; and authorize eight budget substitutions which total $85,182. (Contract Number C-E10679) FORT MYERS SERVICE CENTER 49. Authorize entedng into a Memorandum of Agreement with the Lee County Board of County Commissioners for the maintenance within the Estero River, Halfway Creek and Imperial River as recommended in the District's South Lee County Watershed Study. C50. Authorize an amendment to contract C-7784 with Coastal Environmental, a division of Post, Buckley, Schuh & Jernigan, for Estero BayNVatershed Management Plan to retroactively extend the term by 210 days to April 1, 1999 at no cost to the District. (Contract Number C- 7784-A01) MIAMI-DADE SERVICE CENTER C51. Authorize an amendment to a cooperative agreement subject to FIodda Department of Environmental Protection approval with Miami~Dade County Department of Environmental Resources Management (DERM), as a special procurement for development of the Stormwater Planning Component Phase II, in the budgeted amount of $150,000. (Contract Number C-8839-A01) OFFICE OF BUSINESS RESOURCES C52. Authorize an amendment with Signature Flight Support - Palm Beach, Inc., for aircraft office and hanger lease in an amount not to exceed $11,923.16 for which funds are budgeted, and to retroactively extend the term by 122 days. (Contract Number C-9387-A01) Governing Board Meeting November 13, 1998 Page 9 C53. Authorize an amendment to contract C-9388 with Signature Flight Support - Palm Beach, Inc., for aircraft maintenance in an amount not to exceed $60,000 for which funds are budgeted and to retroactive!y extend the term by 122 days. (Contract Number C-9388-A01) 4, Authorize the sale through sealed bid, and subsequent removal from the property records, the surplus property described in the backup. OFFICE OF GOVERNMENT & PUBLIC AFFAIRS C55. Authorize an amendment to contract C-8115 with Palm Beach County Water Utilities for System 3W multipurpose Floridan Aquifer well at no cost to the District and to retroactively extend the term by one year to February 28, 1999. (Contract Number C-8115~A01) C56. Authorize an amendment to contract C-9120 with U.S. Department Of Agriculture - Natural Resources Conservation Service, as a special procurement for mobile labs to increase funding in the amount of $326,500 and to extend the term by 1 year, for which funds are budgeted (Contract Number C-9120-A01) OFFICE OF COUNSEL C57. Authorize an amendment to contract C-9200 with Arnold M. Weiner, Esq., as a special procurement for legal representation and legal services in the case styled South Florida Water Management District v. Busbee, to increase funding in the amount of $50,000 for which funds are substituted. (Contract Number C-9200-A01) 58. Authorize the referral of a petition filed by Herbert J. Gdmshaw to the Division of Administrative Hearings for a formal administrative proceeding conducted pursuant to Section 120.569, Florida Statutes, regarding his appeal of the Grievance Review Board Determination upholding his separation of employment. 59. Deny with 14 days leave to amend the petition filed by Masters Group, Inc. contesting the award of Contract Number 9067, S-13A Culvert Repairs, Broward County, Florida. OFFICE OF ENTERPRISE ENGINEERING C60. Authorize entering into a 6 month contract with Fisk Information Technologies, the lowest responsive and responsible bidder, for the replacement of network cabling in locations of headquarters buildings B-1 and B-50, in the amount of $145,675, for which funds are budgeted. (Contract Number C-9412) C61. Authorize an amendment to contract C-8362 with Spot image Corp for satellite imagery in the amount of $193,450 and retroactively extend the term by 1 year, from October 1, 1998 to September 30, 1999, for which funds are budgeted. (Contract Number C-8362-A01) Governing Board Meeting November13,1998 Page 10 OFFICE OF FINANCIAL MANAGEMENT 62. Adoption of a Resolution reaffirming the appointment of Joseph M. Moore as Assistant Secretary and Assistant Treasurer of the Board; and appoints Aaron Basinger as Assistant Treasurer of the Board; and reaffirming the appointment of Stephen E. Grabe as Treasurer of the Board. 63. Approve Certificates of Correction of the Non-Ad Valorem Everglades Agricultural Privilege Tax Roll, and authorize the Executive Director, or his designee, to sign the Cedificate. 64. Approve Budget Transfers PLANNING DEPARTMENT C65. Authorize entering into a contract with Florida International University Southeast Environmental Research Program to continue monitoring effects of the L-31E flow redistribution project, for a two year period in an amount not to exceed $240,705 of which $124,800 is budgeted for FY99 and the remaining $115,905 is subject to Governing Board approval of the F-Y00 budget. (Contract Number C-10803) Authorize an amendment to contract C-8773 with Florida Department of Environmental Protection for hydrologic data collection to extend the term of the contract for 15 months at no additional cost to the District. (Contract Number C-8773-A01) 67. Approve the recommended list of Alternative Water Supply projects for funding support. The projects and amounts funded are found as part of the Governing Board backup matedal for this item. REGULATION DEPARTMENT 68. Authorize acceptance of $40,679.34 from Brittany Affordable Housing to be directed to Fund 211 for the acquisition, enhancement and perpetual management of 9 acres of wetlands within the Corkscrew Regional Ecosystem Watershed (CREW). This will provide the mitigation for wetlands impacts associated with United States Army Corps of Engineers (COE) permit #199700646 (IP-CC) which was issued July 9, 1998. 69. Approve transmittal of Department of Transportation (DOT) mitigation plans, which have been prepared by District staff, to the Secretary of the Department of Environmental Protection (DEP). The Secretary's approval of the plans will allow funding of the activities to be included in DOT's budget for FY2000. WATER RESOURCES EVALUATION DEPARTMENT C70. Authorize entedng into a 3 year cooperative agreement with the FIodda Department of Environmental Protection (FDEP) for the Peer Review of the South FIodda Mercury Science Program in the amount of $75,000, of which $40,000 is budgeted in FY '99, and the remaining $35,000 is subject to Governing Board approval of the FY '00 ($25,000) and FY '01 ($10,000) budgets. (Contract Number C-9694) Governing Board Meeting November 13, 1998 Page 11 C71. Authorize entering into a one year agreement with Florida Department of Environmental Protection (DEP) for the collection of groundwater samples and processing and review of groundwater data as part of the FDEP Ambient Groundwater Monitoring Program in the amount of $128,730, to be reimbursed to the District. (Contract Number C-10748) End of Business Consent Agenda items GENERAL PUBLIC COMMENT A/~yone wishing to discuss matters of interest which are not on the agenda should complete a pink speaker card and submit it to the District RepresentatYve in ~he lobby pdor lo the start of Public Comment. ADJOURNMENT 85014&7-9175 SIC 277-9175 AUDITOR { ENERAL STATE OF FLORIDA October 26, 1998 Honorable Barbara B. Berry, Chair Collier County BCC 3301 E. Tamiami Trail Naples, FL 34112 Dear Ms. Berry: Enclosed is a copy of Report No. 13311 an operational audit made of the expenditures of the South Florida Water Management District. It is for the period October l, 1996, through September 30, I997. and selected district actions taken during the period October 1, 1995, through September 30, 1996. Sincerely, Nor r 1 $ Charles L. Lesler Hancock CLL/ch Constantine M~c'~te Enclosure Berry Misc. Corres: . ltem~ ~.s To: 111 WEST MADISON STREET · POST OFFICE BOX 1735 · TALLAHASSEE, FLORIDA 32302-1735 TELEPHONE 850/488-5534 · S/C 278-5534 · FAX 850/488-6975 · S/C 278-6975 Report No. 13311 STATE OF FLORIDA AUDITOR GENERAL OPERA TIONA L ,4 UDI T OF TIlE SOUTIt FI. ORIDA WA TER MANAGEMENT DI,~;TRICT For/he Period October 1, 1996, Through September 30, 1997, a/rd Selected District Actions Taken During the Period October 1, 1995, Through September 30, 1996 STATE OF FLORIDA 13311 AUDITOR GENERAL OI'ERA TIO,~;4L AUDIT OF THE SOUTIt FLORIDA WA TER MANAGEMENT DISTRICT For the Period October 1, 1996, 77trough September 30, 1997, aitd Selected District Actions Taken During the t'eriod October 1, 1995, Through September 30, 1996 SOUTII FLORIDA WA TER MANAGEMENT DISTRICT Table of Content~ Page No. [.E*FTEI~. OF TRANS,',IIT'I A l. AUDIT REPORT SUMMARY. ................................................................................................................................. I REPORT ON COMPLIANCE AND INTERNAl. CONTROl ............................................................................ 12 FINDINGS AND RECOMMENDATIONS ............................................................................................................ I$ BUI×;E F A DXlINIS'I R,VFION ............................................................................................................................... 16 Rc'portitl.g Rc'ql/Iremt,tlL¥ LAND ACOIIIM II{INS ................................................................. ~ ............................................................................ Laml Acqui.*/titm.v tn lSrces$ t~ Apl~ramed l'~tlue 19 26 STATEMENT FROM AUDFFEI) OFFICIAl ....................................................................................................... 32 EXItlBITS ............. 33 S'FATE OF FLORII)A Aumtor Gener,u, T,xLt.^n,~,ssev. October 22. 1998 The President of the Senate. the Speaker of the l louse of P, cprcscntatives, and thc l,cgislative Auditing Committee Pursuant lo the provisions of Section II.45. Florida Statutes, and as part of the I.egislature's oversight responsibility For operations of special taxing dislricts, I have directed that an operational audit lie made of'tIle expenditures of the SOUTII FLORIDA 13'/~ TER M,4NAGEME;YT DLgTRICT For the Period October 1, 1996, Through September 30, 1997, and Selected District Actio,$ Ta~'en During the Period October 1, 1995, Throttgh September 30, 1996. The results of the audit of the Somh Florida Water Management District are presented herewith. Audit supervised by: Victor I. Igwc Audit made by: Carson D. Ramsay Rcspectfudly submitted, Charles I.. I.cster Auditor General October 1, 1998 continued, or Given an extension with the PUD sunsetting. And this -- isn't this pretty much what the Board of County Commissioners expected to Get back from those discussions? MR. BELLOWS: Yeah, I wasn't involved in the sunsettinG issues, but from my understanding, this is basically a result of those earlier lscusslons. COMMISSIONER DAVIS: Yeah, that was my understanding. And at a half unit an acre, as Mr. Priddy points out, we're not talking about a real high density project here. MR. BELLOWS: No, it's deemed less intensive than the existing two PI/Ds, if they were to be allowed to develop as is. CHAIRMAN BRUET: Anyone else with questions for the staff? Terri? COPfMISSIONER TRAGESSER: I have a couple. I saw some notes in here about the environmental review by the Environmental Advisory Board. MR. BELLOWS: Yes. COMMISSIONER TRAGESSER: That has not taken place yet? MR. BELLOWS: No. The petitioner requested that this Planning Commission date be moved up in advance. However, the comments in the staff report from the EAB has been taken under advisement, and those comments are being incorporated into the PUD document. But the EAB made some changes, and that was one of the things I wanted to bring up was any changes made by the EAB, we would want that -- those modifications placed into the PUD document. COMMISSIONER TRAGESSER: Has -- and this is one for the petitioner, and this relates to the golf course management. With the Rookery Bay area just below you, is there any plan to state-of-the-art this golf course management relating to Audubon type -- CHAIRMAN BRUET: If we could maybe just save that question until we hear from the petitioner? COMMISSIONER TRAGESSER: Okay. CHAIRMAN BRUET: And I think that would be very appropriate at that time. COMMISSIONER TRAGESSER: Thank you. I'm new. CHAIRFJ%N BRUET: I understand. I understand. Any other questions of staff? Would the petitioner care to address the board? MR. RAN-KIN: Thank you. I'm Bruce Rankin with Wilson-Miller, and I'm representing Lely Development. I can respond to your questions as I go through. I just had a few comments to summarize the presentation. I think -- can everyone see this? MR. NIN0: Bruce, can you put it on the wall, on the ledge? That way the -- it can be picked up. MR. RANI<IN: Sure. MR. NINO: Yeah. Overhead? Overhead projector? That's fine. MR. RANKIN: Okay. The over -- just as an overview, the idea of this development, and one of the things we were trying to do by combining the R & D Park was to expand the golf a little bit and create a family oriented, ecologically oriented resort community, so Page 24 October 1, 1998 to this plan. That's why it the natural systems are really critical looks the way it does. Does this -- COMMISSIONER DAVIS: On the wall. MR. ~;INO: On the wall, Bruce. ~R. RANKIN: This is the resort/village in the center. One golf course, and the other golf course. In relationship to Rookery Bay to the south, you can see that the bulk of the preservation land is being used as a buffer between the development and Rookery Bay. And then the design and management of the golf course. We're currently working with Ron Garl (phonetic) on the golf course design. He's already -- he already has an Audubon course under his belt, and that's one of the reasons he's on board. So the whole orientation of this is to be extremely sensitive to the natural environment. That's the theme that we're selling with it. So I think that speaks to that issue. CHAIRF~N BRUET: Excuse me, you're looking to become an Audubon certified course? MR. ?3kNKIN: I don't know that I can say that specifically yet, but that's the direction that we're going. It's that quality of course. ~ether it would actually be going for Audubon certification or not, I'd have to defer to the -- our client on that. But we want something that's heading in that direction, at least. Another important point. M/. Bellows mentioned the reduction in traffic, it's about a 26 percent reduction, which we think is very important, given the conditions on U.S. 41. Another thing that hasn't been mentioned but I think is important, we're working very closely with the county right now, the District 6 plan, which is attempting to alleviate some existing water management problems. And this also relates to Rookery Bay in terms of how we handle the water management and the runoff that goes to the bay. You can see from the plan than there's conservation area here and here. The plan is built around maintaining existing flowways. And this is going to be part of the District 6 plan, to use those for the off-site drainage, and then we will handle our on-site drainage totally -- or our water management totally on-site. This lake area -- this represents schematically the kind of lake area that we will be using. This is about 16 percent of the site, plus, in addition, some of the existing wetlands within the development area will be used for storage. So while we're showing them to be, I'll say, impacted, they'll be Dreserved. We're not sure of the exact configuration, but the ratios are very high, which should allow us to completely control any off-site runoff. And the last point I'd like to make really is on the environmental. This plan, as you can see, consolidates the conservation area into large contiguous tracts which contain a continuum from upland to both fresh water and saltwater wetland systems, a much better way to handle the uplands and -- or the preservation than in small parcels. Also, in the previous plan, the way it was laid out, we had to impact some habitat that supports a threat to endangered species. The Page 25 October 1, 1998 way this plan is laid out, there won't be any of that impact. For example, gofer tortoise will either be in the preserve area up on the top, or incorporated into the golf course so that there won't be any relocation required. So the approach is going to be actually having less impact overall on the environment. And I mentioned the golf course architect. So if there are any questions, I have the rest of our development team here. Russ Dancer is the environmental consultant. Steve Kempton, Ron Walter for handling the water management, and Wayne Arnold has been working on the technical aspects of the comprehensive -- or the planning compliance. So we can answer any other questions you might have. CHAIRMAN BRUET: Any other ~destions of the petitioner? Very good. COMMISSIONER TRAGESSER: On the wildlife issue, I noticed in your documents relating to fencing, in the conservation areas that you've identified in the dark green, will those be open for habitat activity? MiR. RANKIN: Habitat -- COMMISSIONER TRAGESSER: In other words, the movement of the natural wildlife that is in that area may continue to be in that area? MIR. RAN-KIN: That's the intent. Again, that's what we're trying to sell is that wildlife, so we wanted -- we want free movement through there. COMMISSIONER TRAGESSER: So they wouldn't have fencing in those areas? MR. RANKIN: No. CHAIRMAN BRUET: Any other questions of the petitioner? Anyone wishing to speak to this item, please step forward. MR. NINO: Mr. Chairman, I have two people signed in. Anna Douglas-Welch. MS. DOUGLAS-WELCH: Good morning. The Trail Acre community residents are extremely concerned -- CHAIRMAN BRUET: Excuse me. MS. DOUGLAS-WELCH: -- about the Lely Lakes -- CHAIRMAN BRUET: Excuse me, ma'am, could you state your name? MS. DOUGLAS-WELCH: Oh, I'm sorry, it's Anna Douglas-Welch, I live at 209 Porter Street. Resident of Trail Acres, which abuts up next to Lely Lakes. CHAIRMAN BRUET: Thank you. MS. DOUGLAS-WELCH: Okay. Trail Acres' community residents are -- we're all extremely concerned about the Lely Lakes petition for rezoning. 28 residents were unable to attend this morning's meeting, but they felt strongly enough to write notes so that they could not go unheard or unheeded. I have them. I'd like to leave them with you so that you could possibly scan through them. Our major concern is the use of Southwest Boulevard as an access road to Lely Lakes, either as a temporary construction access road and/or perhaps an entrance to Lely Lakes. Just to give you a little idea of what Southwest Boulevard is about, there are no sidewalks, there are no street lights. We have over 125 children in our community that are bused, which adds up to Page 26 October 1, 1998 eight school buses; two buses for the handicapped and one for TOPS. So daily, that means there are 22 school buses traveling up and down Southwest Boulevard. As a reference for the board, on May 20th, 1993, during the Collier County Commissioners' meeting, Lely Lakes agreed to terminate the use of Southwest and to replace it with a cul-de-sac turnaround. From what I understand with this new petitioning, rezoning petitioning, that has not been reestablished, so that's what we're ~- CHAIR/~3~N BRUET: We'll get that question answered as soon as you're done, ma'am. MS. DOUGLAS-WELCH: Okay. The second issue is flooding. Because of the waterfall or lack of it at the particular time, and the addition of all of this building, the roof drainage, pavement runoff, road runoff, road blockage, we are extremely concerned about what Water Management and how Lely Lakes is going to work with this water flooding problem that we already have existing. And if it's not handled correctly, we really and truly want Lely Lakes to be responsible for any additional flooding that occurs there. Last, but not least, just a small little note, we already have a water pressure problem. And our power situation is -- I mean, it's no~hing for us to be without Dower for four or five hours at a shot. And we're talking about adding additional homes, additional facilities, additional usage, which puts us again at questioning how this is going to affect our lifestyle. I guess that's where our problems exist right now. CHAIRMAN BRUET: We'll have -- we'll have the petitioner, ma'am, address those three items. MS. DOUGLAS-WELCH: Okay. CHAIRM3~N BRUET: Bruce, could you address those, please? MR. RAN-KIN: I'd be happy to. We have discussed the construction access on Southwest Boulevard, and recognize the neighbors' concern. And I think the staff recommendation that it be not used for construction access, we'll agree to that. The petitioner would like to maintain the ability to have it be available for emergency access only, which was in the original PUD, but no construction access, and it would not be an entrance to the property. As you can see, the plan relies upon an entrance from 41 and one -- CHAIRMAN BRUET: Just the one entrance? MR. RAN-KIN: The whole concept is built around that, so -- CHAIRF~N BRUET: Units per acre and everything are built from that? MR. RANKIN: Everything is built on that. So that we -- we really do not want to come in that way, and we're happy to give up the construction access. I think that will help. And I stated originally on -- or earlier, that we're working with District 6 in its attempt to alleviate some of those flooding problems. There will be some pumps installed that are necessary to accomplish that. So our plan is to accommodate the flow from off-site across this Page 27 October 1, 1998 property, independent of our own water management system. So that what we do will not interfere with moving that water across the property. And then what we do will be contained on-site and will meet all the standards of the Water Management District. If we need any more detail on that, Steve and Ron can go into it in a lot more depth. CHAIRMAN BRUET: I think that's appropriate for now. COMMISSIONER DAVIS: Mr. Chairman? So if I understand you correctly, what you're saying is the access the lady just -- or the street the lady just brought up, we would have an agreement that that is used for emergency vehicles only? MR. RAN'KIN: Only. COMI~ISSIONER DAVIS: Period. MR. RANKIN: Yes. MIR. BELLOWS: Yes, staff has no problem. COMMISSIONER DAVIS: Great. Thanks. CHAIRMAN BRUET: And the water pressure issues I know certainly are beyond where we are today. But in the future I assume, you know, these -- ' MR. RAN"KIN: Well, that's important to everyone. CHAIRMAN BRUET: -- areas will be addressed between you and the county? MR. RANKIN: That's right. CHAIRMAN BRUET: Okay. Ron, next speaker? MR. NINO: Roy Shettlewood. MR. SHETTLEWOOD: Mr. Chairman, I ask you to forgive me for the first time. I was -- CHAIRMAN BRUET: That's perfectly okay. MR. SHETTLEWOOD: -- jumping too fast. CHAIRMAN BRUET: But please spell your name once again for the reporter. MR. SHETTLEWOOD: I am Roy Shettlewood. S-H-E-T-T-L-E-W-O-O-D. CHAIRMAN BRUET: Thank you. MR. SHETTLEWOOD: Yes. In the same location here that he's talking about here, there is an easement for right-of-way there. And really, buyers are supposed to put the dirt road in there. And could me or anybody who have the money could start it, put the dirt road in or something like that? CHAIRFJuN BRUET: You're going to have to show me on the map where you are. I'm -- there's a -- you know, there's a whole process to go through, sir, about development of your land. And you probably need to spend some time with -- no, stay here -- spend some time with the staff here, and they can kind of walk you through the steps that you need to take to do those types of things. MR. SHETTLEWOOD: I see. CHAIRMAN BRUET: Okay? I can't -- I can't -- I'm sure you have many, many questions that are really very oriented towards the staff. They'll be able to sit down with you and walk you through that process. Page 28 October 1, 1998 M~. SHETTLEWOOD: Yes, sir, one more thing. Do you have any idea what -- how many units they can put on one acre? CHAIRMAN BRUET: Again, this varies. You need to spend some time with the staff to be more specific, because the units per acre change. MR. BELLOWS: Meet after the meeting today, I'll talk to you about it. MR. SHETTLEWOOD: Yes, sir, meet right here? MR. BELLOWS: Yes. MR. SHETTLEWOOD: Thank you, sir. CHAIRMAN BRUET: Thank you. MR. NINO: Glenn Terry. PIR. TERRY: Good morning. CHAIRMAN BRUET: Good morning. MR. TERRY: I've lived in Naples for 30 years, 15 years of it right now in Trail Acres at 103 Seventh Street, which is actually the last street as you're coming in off of Southwest Boulevard. My property would actually exactly -- actually backs right up to the development. My concerns is similar to the lady that spoke before me. Main concern is drainage. I attended the meeting also a couple of years ago, and what I'm hearing here this morning sounds to be a little bit different. We were told at that meeting that actually Trail Acres' drainage all the way across 41 into Naples Manor would improve due to this project, which that's a good thing for me. I'm not here trying to stop any development. That's what I do is construction. I've been here for 30 years, so I've seen it grow a little bit. But what I'm hearing now is we're going to try to retain it, we're going to have the water flow across our property. I don't hear anything about the drainage that we were talking about a couple years ago. And I'd like to hear -- you know, hear what could be addressed about that. And at that other meeting, the other concern was just using Southwest Boulevard as an entrance. And it was discussed, similar to what you're saying this morning, that that would be an emergency entrance, there'd be a cul-de-sac there. Also a locked gate that with the breakaway locks, I guess, for the fire department, ambulances or whatever, emergency services. But again, I guess my biggest concern is the drainage. It's a very low area. Like I say, I've lived there for 15 years. I've called every commissioner that I've had in the last 15 years. I'll be quite honest with you -- CHAIRMJkN BRUET: The water's the same height. MR. TERRY: Well, not only that, sir, is none of the ditches on my street in 15 years have been graded. Nothing's been done. It's going to be a mess, you know, if that water comes in on us. Thank you very much. CHAIRMAN BRUET: Ron? MR. NINO: Perhaps Steve Kempton could add some greater assurance that this development -- this project will not exacerbate the drainage Page 29 October 1, 1998 condition on any adjacent property. MR. KEMPTON: Good morning. Thank you. For the record, my name is Steve Kempton. I'm a professional engineer in the State of Florida. We've been working with OCPM for about a little less than a year with their District 6 plan. Basically, as Bruce pointed out, what we're going to do, there's an existing canal in here that's going to be improved with the District 6 to take some water from the other side of 41. And then there's a -- that ditch stops in here and there's a ditch that runs here. District 6 has some pumps that they're going to put in and they're going to pump water from across the street and from this area into this slew area to help enhance this wetland environment. Right now they're permitting that. They -- we do not have their schedule. That's been ongoing. OCPM has been working on that for at least five years. But what we are going to do, if we get ahead of District 6, it's really important for our permitting that we enhance this slew area, or at least keep it the same, because of the fact that Bruce went into the -- our biggest selling point is going to be the native environment here. We also are going to make sure that we take any water that comes along this boundary and this boundary and make sure it gets into here as a flowway. If we have to take it on-site through a couple of other wetlands, we will take it and we'll put it into this area. There's another little slew that comes over here. As to regards with all of the ditches that have not been maintained, we of course can't offer any solution to that. But we will make sure that their outfall points are maintained to today's standards, or upgraded. THE REPORTER: Spell your last name for me? MR. KEMPTON: K-E-M-P-T-O-N. MR. TERRY: Excuse me, so are you saying now that what I was told before, that the water drainage in -- CHAIRMAN BRUET: Sir -- MR. TERRY: -- the Trail Lakes area is not going to improve? CHAIRMA/~ BRUET: -- you'll have to come forward again, and just make it very quick, please. MR. TERRY: Yeah, I was just curious if what you're telling me now is different than what I was told two years ago, that the actual construction of this development would improve the water drainage in Trail Acres, not -- I certainly know that we're not going to have any water coming in on us, because that's going to be a problem, but is it going to stay the same, or do you -- are you changing what I was told before, that it would improve? MR. KEMPTON: Well, I'm not sure what you were told before. But what I'm saying, in conjunction with the county's project, which is known as the District 6 surface water management improvements, your drainage would improve. Our project alone is not going to alleviate all your drainage problems. Page 30 October 1, 1998 MR. TERRY: I'm not asking -- MR. KEMPTON: And we -- and we won't create any adverse problems. But with District 6, when we're working in good faith with OCPM right now, Robert Wily of staff, it will improve. But we don't control that permitting schedule. That's a county schedule. CHAIRMAN BRUET: Thank you. Any further speakers, Ron? MR. NINO: No. CHAIR/4A_N BRUET: MR. BANFELDER: CHAIRMAN BRUET: MR. BANFELDER: CHAIR_MAN BRUET: ~R. BANFELDER: You need to -- have you been sworn in, sir? Yeah. State your name, please. Eric Banfelder. And spell it, please, for the -- B-A-N-F-E-L-D-E-R. I'm a little concerned with down here -- CHAIRMAN BRUET: Sir, you need to either speak to this microphone or the one behind you, please. MR. BANFELDER: This thing? CHAIRMAN BRUET: Yes. MR. BANFELDER: I'm not very good at that. I'm concerned, I live down here. I'm here with the homeowners. We come in here, Griffin Road. What is going to happen here? Now, a natural drainage goes this way. And there's some canals in there that have not been maintained lately. But we are concerned if that is going to be totally natural and no drainage, then we absorb a lot of water coming down from the hitching post here which drains this way through our canal, and if it cannot continue -- CHAIRMAN BRUET: Sir, if I can just speak quickly for the developer, I think we've been told nothing is going to happen down there. That area would be preserved. MR. BANFELDER: Then we're going to drown. CHAIRMAN BRUET: Well, okay. MR. KEMPTON: May I address that? CHAIRMAN BRUET: Yes, please. MR. KEMPTON: Before the meeting we had another individual that is on Griffin Road, and Joe Ryan of Lely Development made an agreement that said that that particular gentleman would be more than -.- it would be more than appropriate to allow him to go and clear that existing farm ditch. There's an existing farm ditch that has a lot of exotics in it, and they're going to work that out where they'll go and clear that out this time. And then after that, it's going to be a function of the county and so forth. So that hopefully will alleviate your problem. MR. BANFELDER: Should that not be a function of the county now then? That takes us -- CHAIRMAN BRUET: But that wouldn't be the developer's problem. That would be something you need to take up with the county, sir. Is anyone else wishing to speak to this issue? If not, the public hearing is closed. CO~94ISSIONER OATES: Mr. Chairman, I move we forward PUD-98-3 to Page 31 October 1, 1998 the Board of County Commissioners with a recommendation of approval. COMMISSIONER URBANIK: Second. CHAIRMAN BRUET: There is a motion for approval and a second. All those in favor? Opposed? (No response.) CHAIRMAN BRUET: Motion carries -- COMMISSIONER TRAGESSER: I had a question on the -- CHAIRMAN BRUET: -- unanimously. COMMISSIONER TRAGESSER: -- motion. CHAIRF2kN BRUET: Excuse me. COMMISSIONER TRAGESSER: I have a question, a discussion after the first and the second. Can we do that? CHAIRMAN BRUET: Okay. Beg your pardon. COMMISSIONER TRAGESSER: Thank you. Just a big picture question, and it relates to transportation. When you look on the southern Collier County map, we're taking several sections of land and doing something with it. And then there's the potential for another development, which is -- has been in the past called Sabal Bay. And does the county look at this section of land as something where we will not long-term be needing additional roadways? Because we're dealing with large sections of land here, and we know what's happening to us in other parts of East Naples. MR. BELLOWS: Are you referring to interconnection of local roads to arterial roads, or just arterial roads spreading through these other sections? COMMISSIONER TRAGESSER: Yes. Are we -- do we have any long-term plans for any sort of secondary system? MR. BELLOWS: Not to these sections here, no. COMMISSIONER TRAGESSER: Okay. Thank you. CHAIRMAN BRUET: Any further discussion? COMMISSIONER OATES: Didn't we vote? We voted. CHAIRMAN BRUET: Sorry. Thank you. The motion approved unanimously. We had the vote, it was approved unanimously. Thank you very much. Next item, petition number PUD-98-11, Tamiami Professional Center. All those wishing to speak to this issue, being a public hearing, need to stand, raise your right hand and repeat after the court reporter. (All speakers were duly sworn.) CHAIRMAN BRUET: Thank you. Ray? MR. BELLOWS: For the record, Ray Bellows, current planning staff. Robert Duane is presenting a petition to rezone the subject site from agriculture to a Planned Unit Development to be known as Tamiami Professional Center PUD. As you can see, it's located off the North Trail on the east side, just north of Collier's Reserve. The petitioner is requesting to rezone 11.6 acres, which comprise of three tracts. Tract one and two will be for C-1/T type commercial Page 32 October 1, 1998 uses, and some C-2 uses. Tract three has been delineated for an adult living facility. As can you see on the master plan, the site is very long and narrow. It's about 200 feet wide, fronting on U.S. 41. The westernmost portion of the site, tracts one and two, are the commercial tracts. To the north of this site is an existing C-3 zoned property. As you go further east, there's a conservation area about the middle third of the PUD, and it continues on east. The ALF tract, tract three, which is south of Park Place West and Imperial West PUD. The PUD document allows up to 15,000 square feet of C-1 type T uses and C-2 uses, excluding homeless shelters, soup kitchens, gasoline service stations and drive-in fast food restaurants. Tract two will allow 25,000 square feet of C~I/T office uses, as noted above in the -- and in the PUD document. Also, I would like to pass out some updated PUD documents meant to be put in the packet, but the hurricane prevented that from occurring. The subject site is located in the urban mixed use area of the Future Land Use Element. It is adjacent to the existing C-3 commercial to the north. Therefore, the commercial under criteria will apply, and gaining the commercial uses approval in this PUD, since it's not within an activity center. It should be noted that like the previous petition, there's language in this PUD that when the language that's -- will be adopted in the Future Land Use Element EAR based amendments are ratified, then this commercial component will be in compliance with those -- with that revised language. The traffic impact review indicates that the site will generate approximately 1,625 trips during the peak hour, or during the highest peak trips, and 165 trips during the peak hour. This will not exceed five percent of the level of service C design volume on U.S. 41 and will not have a significant impact on traffic flow. The adjacent properties to the north, there's -- contain single-family residential, and I think it's probably better shown on this aerial. See, the property line comes down this way. You can see the single-family homes located to the north. To the south, Collier's Reserve, there is Horse Creek that travels basically along this line. And on the -- basically that's where this conservation area two is on the master plan. That separates the single-family homes that are being developed off this road here in Collier's Reserve. There's an FP&L easement that travels up the eastern side of the site, along here. The proposed buildings within the ALF tract that basically abuts this single-family area is limited to 25 feet, the -- which is less than some of the single-family residential districts permit in -- allows in the LDC. The maximum height in the western tracts for the commercial tracts, tracts one and two, is 35 feet, which is substantially less than the 50 feet permitted in the C-3 zoning district to the north. The project is -- meets the open space requirements of the Land Page 33 October 1, 1998 Development Code. Staff has received one letter in opposition from the Imperial Park Place Villas Association. Their concern that the development will -- creates noise and odors from these commercial uses that may be troublesome to the community. I'll be happy to answer any questions. CHAIRMAN BRUET: Ray, we received a letter from Naples Community Hospital that was addressed to Mike. COMMISSIONER OATES: No, no -- COMMISSIONER PEDONE: Naples Health Care. COMMISSIONER OATES: -~ no, Naples Health Care. CHAIRNJ~N BRUET: I'm sorry, Naples Health Care I beg your pardon. - Have you had a chance to look at that -- MR. BELLOWS: I haven't seen that. CHAIRMAN BRUET: -- talk about heights? All right, you might want to do that -- them. MR' BELLOWS: I believe the applicant has had discussions with CHAIRMAN BRUET: It says in here but to no avail, or at least to a limited amount of success. And we'll let the petitioner bring us up to date. MR. DUANE: For the record, Robert Duane from Hole, Montes and Associate. ' I did get a call from Mr. Campbell at 3:30 yesterday afternoon. I really didn't see the letter until I came here this morning, so I'm not sure I would characterize his comments in the same vein that he would. But anyway, if I can address his issues when I can get to them in my presentation. Thank you. I generally try to make these presentations very brief, but we do have some concerns from nearby residents, including the owner/operator of the health care facility. So I'm going to take a few more minutes than I normally do And I'd ppreclate it if you'd indulge me. I have here this morning Tom Taylor, the COE from my company, Hole, Montes and Associates. The project before you this morning was fast tracked because we're meeting an important economic development objective. We're trying to consolidate our corporate offices here. The office building that Mr. Bellows referred to is going to consolidate some of our offices from two or three other locations; therefore, we're bringing higher wage jobs into the community. So we got at least the benefit of getting here sooner than later, and we appreciate the staff having promptly processed this petition in 45 days or less. I think it's a record and I appreciate Mr. Bellows' help. I also have with me this morning Steve Frazier from Encore. He is going to be the developer or the end user of the rendering that I have depicted there, which will be the ACLF component of the project, which is the eastern portion of the property. I was apprised by Mr. Frazier this morning that he has made some minor or incidental changes to the site plan that we have before you. He met yesterday with the neighbors and shared those changes. They Page 34 October 1, 1998 essentially included relocating one of these cottage areas further to the west and sliding the commons building over a little further to the east. Mr. Frazier could discuss any of those changes further with you. They're not significant changes, they're certainly in harmony with the development standards that we've set forth here. Susan Paragus is also here from the EDC this morning to answer any questions you may have about that component of the project. With regard to the existing conditions of the property, as Mr. Bellows pointed out, the project is very narrow, and it's very long. It's about a half a mile in depth. We only have 200 feet in width. We're proposing 15-foot landscape buffers on either side of that envelope. We've got setbacks that vary from 25 feet with the ALF component to 15 feet to the commercial component. But when you take the setbacks, the buffer areas and the access requirements, we in effect used up about half of the property. And I think that's an important point to make, because we have a limited amount of flexibility in terms of moving buildings or this envelope around. Be that as it may, we've endeavored to try to have done the best that we can to be sensitive to nearby and adjacent properties. Mr. Bellows briefly discussed with you some of the land uses around the subject property. Since one of the objectors we have is the health care facility, I would like to point that out in this area right here. That property is presently zoned C-3 It's permitted a height of 50 feet. ' As Mr. Bellows also indicated to you, we're proposing our office building to be 35 feet in height. We've tried to create as much separation between the ALF facility, which is only 10 or 15 feet from that property line. We've created, given this 200-foot width here, almost 100 foot separation between them and ourselves, and I think that's an important distinction to make. There are other ways that we could have developed this property -- that I'll discuss with you in the conclusion of my presentation -- that could have had more impacts on adjacent property, but let me conclude on that note. Otherwise, we have single-family uses along our northern property line, and we have seven single-family lots in Collier Reserve. There are two conservation areas in the project. One is the conservation area for Horseshoe Creek. That's a common conservation area that's shared with the property to the south. So we have the benefit of combining the two conservation areas, which gives us some additional separation between the single-family lots and Collier's Reserve. In terms of open space, one of the objectors made some comments about our open space. Let me begin by saying that we're required to have 30 percent open space in this project. Just the two conservation areas, the 2.31 acres and the 2.2 acres and our 15-foot buffer requirements provide almost four acres of open space. That's not including the open space that's going to be in the ALF component of the project. So we've got about 50 percent of the project in open Page 35 October 1, 1998 space. Your Land Development Code requires mixed use projects less than 20 acres to have 15 percent native vegetation retainage. We're providing 22 percent or about 50 percent more than we're required by code. We also have increased the open space along U.S. 41. We're required to have a 15-foot buffer. We've increased that to 20 and added another 1,000 foot of landscaped area along 41. We're required to have a 10-foot buffer between the commercial and the ALF uses to the north of us. We're providing a 15-foot buffer. And I'm willing to offer a concession this morning that although only an A type buffer is required between commercial related type uses, which are trees on 25 foot centers, we will agree to put the type B buffer, which is 15-foot with a double row of hedge which provides six foot of opacity within a year along the northern boundary of the ALF tract to hopefully alleviate some of their concerns about landscaping to our parking area. Otherwise, I would submit to you that we either meet or far exceed the open space and landscaping requirements for the project. With regard to building heights, I'm willing to make another concession this morning. The neighborhood is still not comfortable adjacent to us with the 25-foot building heights, even though those are structures that are less than what they're permitted. We're willing to agree to lower that to one story, which I think is more than reasonable. With regard to development intensity, there may be some confusion. I want to be careful how I characterize this. But some of the neighbors have a preference to limit the number of beds in this pro3ect. As most of you know, the standards that are in the LDC allow you to have a .45 floor area ratio. That is in our ordinance. But as a practical matter, if you look at the master plan which is controlling here, our building coverage is only about half of the .45, so we're in the range of 20 to 25 percent coverage, with one-story limitation, and 15-foot buffers on either side of our envelope. There will also be a privacy wall that's going to be located within the buffer area that's going to be six feet. That's going to provide additional screening to the adjacent properties. This is a project for Alzheimer's patients, so it's important that we try to keep them within the area. So for security reasons, we're going to secure the entire perimeter of the property with a wall. With regard to the uses of the property, as Mr. Bellows has indicated to you, we have a small retail envelope here, and we have the office component. We've tried to locate that as far as we could, again, away from the ALF. Under your proposed comprehensive plan that I hope will be adopted in January, or shortly thereafter, we would technically be eligible for C-3 uses, because we're adjacent to C-3 uses. We have limited the retail tract to C-2 uses only. We've eliminated gasoline service stations and convenience stores and fast food restaurants, which are the kinds of more nuisance like uses that Page 36 October 1, 1998 some of the residents may not be of an understanding that we have gone to the lowest order of uses and limited the more intensive uses in that district. So I would submit to you that the office building, which goes from retail to office to basically open space on the golf course is preferable than having come in requesting retail to a depth of 600 feet, which we're allowed to request by code. I think what will be coming in here is certainly compatible and, by my mind, a well designed project. In summary, I'd like to just go over some of the changes that we're making in our proposal at this time. One has to do with the privacy wall. Mr. Frazier discussed that with the neighborhood yesterday. There's some desire to have the privacy wall built sooner than later. What they are going to do, my client is going to put a temporary construction fence up while the site is being cleared. As soon as the site is filled, we'll structure the ordinance; I'll work with Mr. Bellows to structure it in such a way that as soon as the filling is commenced, the privacy wall, the construction of it, will go up. Again, the reduction in the height from the two to one stories, as I mentioned. The NHC also had some concern about lighting, and we're certainly willing to add a provision that any lighting from the spine road will be shielded from the ALF building. And I believe those are the -- oh, and finally, we've agreed to increase the landscape buffer, the type B adjacent to the ALF, so we'll have the double row of hedges. So those are the four changes that I have to make to our proposal, and I'll be happy to answer any questions. And again, Mr. Taylor, Ms. Paragus and Mr. Frazier are here also. CHAIRM3%N BRUET: Bob, I do have one question. Could you clarify your one-story -- are you talking about tract three -- MR. DUANE: Yes. CHAIRM3%N BRUET: -- the limits of your one-story? MR. DUANE: Yes, sir, that will be one story. It will still be 35 feet for the office building and up to 35 feet for the retail building. CHAIRMAN BRUET: But everything in tract three to the east is a one-story? MR. DUANE: This -- this is the ALF -- CHAIRMAN BRUET: Yes. MR. DUANE: -- area which comprises about -- CHAIRMAN BRUET: Yes. MR. DUANE: -- five acres will be one story. CHAIRMAN BRUET: One story? MR. DUANE: Yes, sir. CHAIRMAN BRUET: It's a major step. COMMISSIONER PEDONE: It is. MR. DUANE: Well, I -- we had an end user. Sometimes you almost hate to start putting buildings and footprints down, but I thought the commission and the adjacent property owners would like to not be left Page 37 October 1, 1998 in an open box. And I apologize for some of the minor changes that have been made to the site plan that were called to my attention this morning, but that sometimes happens when you're going through permitting and design CHAIRMAN BRUET: Well, they're all positive to the surrounding communities, so I'm sure no one is upset by it. Does anyone have any further questions for the petitioner? MR. DUANE: Okay, thank you for your consideration. CHAIRMAN BRUET: Thank you. Anyone -- does anyone have any further questions for the petitioner? MR. NINO: We have some speakers. CHAIPd~kN BRUET: Yes. MR. NINO: Valerie Duarte. MS. DUARTE: Thank you. My name for the record is Valerie Duarte, spelled D-U-A-R-T-E. I thank the panel for allowing me to address you this morning, of which I have grave concern. The request for tract three, of which they would like to change, relates to parcel number two. The original plan for this is rural agricultural. We're talking about 200 feet of which this developer would like to use. It's a very, very narrow, extremely narrow piece of land. In my community of Imperial Park Place West, of which there are villas there, and we are Going to be impacted by this. The other community is Collier's Reserve. I know for myself that before I invested a lifetime savings of hundreds of thousands of dollars to be part of a community of which I built a brand new villa three years ago, I saw this tract of land and noticed that it was zoned agricultural, rural agricultural. I felt very confident and very comfortable with purchasing my tract of land and living in this community, feeling safe that it was going to be left as intended by preceding planning commissions. At this particular time, I feel that the request to change this is going to impact not only myself in our community and the neighbors of which I have, but the other community adjacent to Collier's Reserve. The only thing that I can draw your attention to might be just a simple example, saying that I feel that if you could just visualize, Park Place West is the golf course, Collier's Reserve as a Golf course, and someone coming to have a retail store like WalGreen's being built in the middle of it. That's exactly how I feel. I feel very impeded by this project, and I would appreciate you closely trying to not agree to having this parcel changed, and to keep it as such that was originally planned as rural agricultural. And thank you very much. COMMISSIONER OATES: Mrs. Duarte, do you understand that all land is originally agricultural land and it's the prerogative of I think anyone that buys land to be able to change that zoning to some other zoning? Do you understand that everything is -- in the county is Page 38 October 1, 1998 basically agri -- or was agricultural at one time? MS. DUARTE: I understand. I've been here for many, many years before I chose to move from the north down here. I understand that. But I think it is within the good conscious of everybody to look at this particular piece of land, knowing how narrow it is. I myself have nothing against this developer choosing to do retail in the front of it, which was originally planned. But this small envelope, this small building envelope that they choose to build is a narrow design, impacting many, many other issues. But I would like to just keep a focus on one issue. There are many issues that I'm sure other people that are here today are going to be speaking to you about. I would just like to keep the issue of the original intent, and that is why I chose to speak. Thank you for your time. COMMISSIONER PRIDDY: I would have one question. You want us to keep it as rural agricultural. Do you envision tractors running up and down this tract with a tomato farm or -- when you say keep it rural agricultural, what do you envision taking place on that land? MS. DUARTE: Well, what do I envision? Actually, what I really envision is keeping it as natural are a lot of our turtles, what we have in there are wonderful areas as possible. What we have in there have in there are bobcats, what we where hawks and eagles live. I think that this particular back parcel is going to be very environmentally impacted greatly, and I think that with all the building that has been going on in Naples, I can't but selfishly want to keep this as natural as possible. COMMISSIONER PRIDDY: You're wanting a preserve, not rural agricultural. MS. DUARTE: I wouldn't want to say that I want it as a preserve, but -- COMMISSIONER PRIDDY: But you can't grow tomatoes in trees, in woods. MS. DUARTE: That's not my issue. That's not my issue, sir. COMMISSIONER PRIDDY: But you see my point. You want -- MS. DUARTE: I understand -- COMMISSIONER PRIDDY: -- it ruled agricultural, but you don't want any agriculture to take place. MS. DUARTE: I don't -~ I don't have any objection to further plans of any agricultural company coming in there and doing whatever, as long as it does not impede the environmental situation of which I think that this parcel, this small parcel of 200 feet, does. CHAIRPU~N BRUET: Thank you. PiR. NINO: Edgar Ao Moorehead. CHAIRMAN BRUET: Could you have the next speaker, too, Ron, so they could just stand over -- MR. NINO: Yes. Walter Stephenson. CHAIRMAN BRUET: If you could stand over behind in line there and be ready to speak when he's done. And just try not to be redundant over issues that one other speaker perhaps brought up. MR. MOOREHEAD: I couldn't hear you. Page 39 October 1, 1998 same CHAIRMAN BRUET: When you speak, please don't address all of the issues that the other speakers -- MR. MOOREHEAD: I won't. CHAIRMAN BRUET: -- address. Okay, thank you very much. Your name, please? MR. MOOREHEAD: Mine are brief. CHAIRMAN BRUET: Great, we like those kind. MR. MOOREHEAD: I'm concerned -- CHAIRMAN BRUET: Could I have your name, please? MR. MOOREHEAD: Beg your pardon? CHAIRMAN BRUET: Your name, please. MR. MOOREHEAD: Oh, Ed Moorehead. CHAIRMAN BRUET: Moorehead? MR. MOOREHEAD: Yeah. CHAIRMAN BRUET: Thank you. MR. MOOREHEAD: I'm a resident of Park Place West. At the extreme end, east end of this, is where the county recently completed a stormwater project and put in parks, piles. And it ends right at the corner, which is the east end of this where the stormwater enters Horse Creek. It then turns -- CHAIRMAN BRUET: West. MR. MOOREHEAD: -- west into this project. And my concern is with the buildings being in that area, what is going to be the effect during a heavy rainfall of that? I think the county needs to take a look at that. The only other thing is the matter of density. I think it has to be kept commensurate with Park Place West and Collier Reserve. These are both low density, very low density areas. And I think those are matters of concern. I would love to see it stay as it was, sure. We enjoy -- we had bobcats back there. They did us a great service by eliminating muskogee ducks to a great extent. And you know that is very valuable. Okay, thank you very much. CHAIRMAN BRUET: Thank you. Yes, sir, please state your name. MR. STEPHENSON: Walter Stephenson, with a PH, please. I had the occasion to go to the county when I heard there was going to be a project behind us, and I fortunately met -- and met with Ray Bellows. I had a little delay in finding out about the details of the plan, but I found out a lot about Nebraska football. COMMISSIONER WRAGE: Go, Big Red. MR. STEPHENSON: We had a meeting yesterday with the future developer of this tract three, and I would have to say we were impressed with him and his willingness to meet with his new neighbors and to understand our concern. I would like to compliment Mrs. Duarte's description of the area and the feeling for it. And its disappearance is a great regret, because it's another piece of Collier County that is urban, it's a suburban, it's wildlife and it's nature's natural. And that kind of appearance is very rapidly disappearing. Page 40 October 1, 1998 CHAIRFJ~N BRUET: If I may add, though, just keep in mind~ 50 percent of the project is still being preserved, so -- MIR. STEPHENSON: Well -- CHAIRMAN BRUET: -- they have done a very good job at today's standards. MR. STEPHENSON: Well, yes, I think the plan represents the best effort of engineers and designers to use a very unusual piece of land of 200 feet by a half a mile long. CHAIRMAN BRUET: Very true. MR. STEPHENSON: Meeting with the developer and talking with the petitioner this morning, I think most of my personal concerns have been answered, but I want to make sure they're in this record, and ultimately to the commission. The petition before you talks about the land to the north is -- in Park Place West is lots, empty lots. It is lots, there's 14 lots border this thing here, but there's seven houses on the 14, and hopefully, the others will be built shortly. So we live there right adjacent to that property in one of those houses. The two-story question was brought up yesterday in the meeting and this morning, and we are pleased to see that change. And I agree, it is a major change, and we appreciate it. But I want it to be a part of the record so that it holds through in the rezoning, if it is rezoned. The buffer was discussed, and we feel the nature of the project needs a pretty solid buffer, because we're close. And in our rear of our house to the first building that these people are living in is at the max 50 feet. And so we think this buffering is important. I don't understand county codes, but it needs to be pretty solid. The new owner talks about building a brick wall to keep his patients from wandering away from their area. But we need that to be at least a little bit pleasant as we look back that way. So we're concerned about proper buffering. And the petitioner suggests a county code type B buffer, and it appears to be the right kind. That takes care of the buffering area. Traffic impact analysis, in your petition, table one shows nursing home, 200 beds. If our meeting yesterday with the new owner suggested hey, we're building a nursing home in here with 200 beds, I would feel that we would have had a different approach and a different attitude towards this project. I can't understand why the ordinance can't comprehend what the new owner's going to do. And he promised us he's going to build seven buildings, and it will be a max of 14 people to a building, so that's 100 people in seven buildings. And it's on the drawing. And I don't know why the ordinance can't comprehend that. That's my point. The -- two other things. Maybe this is automatic with ordinances on a development like this, but I think it should reflect timely build-out. We don't want the building going on there for the next five years. I think that somehow or other your influence ought to suggest a timely build-out because we're living so close to it. The question of lighting was brought up, and the new owner talked Page 41 1 gl, 1 October 1, 1998 to us about low level lighting so that there wouldn't be impact. And I think your approval ought to comprehend the lighting that doesn't interfere with the adjacent property. Our bedroom is 50 feet from where these areas are, so we're concerned about high level overhead lights. The -- probably another very strong feeling of myself, our residents and people I know up and down the Imperial Golf Course Boulevard, which is where the stoplights are on 41, going into Imperial Golf Estates, at build-out, which is rapidly approaching in that area, there will be as many as 5,000 people living down that road. This petition suggests that they're going to negotiate with the present owners a turn-out behind their -- the commercial buildings to exit on Imperial Golf Course Boulevard so they get an easy left turn. And we object to that very strongly. Why should a developer come in on this corner, has nothing to do with the development of Imperial Golf Course, and dump all their traffic onto a private road, Imperial Golf Course Boulevard? And I don't know whether you can approve or disapprove that, but I don't think it's right that they can just move in and dump their traffic on a private road. And that's my point, and I appreciate the opportunity to talk to you. We're impressed with the new owner of this land, the way he does business. I think you will be, too. CHAIRMAN BRUET: Thank you. Could you talk a little bit about the traffic, Ray? MR. BELLOWS: Yeah, the access point stub-out to the north would be through the commercial tract C-3 zoning to the north, which would connect to that Imperial Boulevard -- CHAIRMAN BRUET: Right, and come up to 41 -- MR. BELLOWS: -- where there's a median cut. And access currently, there is no median cut. Staff would prefer to see the interconnection to this commercial property to the north to allow for the trips to exit out to a median opening. However, if that agreement is not reached with the property owners to the north, then this site is right in, right out only for this site. CHAIRMAN BRUET: I see. MR. STEPHENSON: It won't only be exit, it will be entrance too. CHAIRMAN BRUET: But that will take the traffic back out to the light at the intersection, correct? MR. BELLOWS: Yeah, if this was approved, it would go up, and probably the air photo would show it best. The stub-out would come this way through and without -- MR. NINO: It's important to recognize that one of the policies in the transportation circulation element of the Growth Management Plan speaks to interco~nectivity and indeed encourages us all to connect roads to existing developments and to diffuse traffic patterns, giving them many more opportunities to get out of their projects. CHAIRMAN BRUET: Thank you. Page 42 Any more public speakers? Ron? MR. NINO: No. MR. DUANE: Just, if I may -- CHAIPMAN BRUET: Yes. October 1, 1998 MR. DUANE: -- respond to some of the speakers, please. Regarding Ms. Duarte, this project has been reviewed by the Environmental Advisory Board and it received a unanimous approval. Any endangered species, such as the gopher tortoises, which are contained on the property are going to be relocated in the conservation area. With regard to Mr. Morton's (sic) concern about drainage, the site presently drains into Forest Creek, which ultimately outfalls into the Cocohatchee River. Part of this conservation area that we're preserving actually maintains a flowway from properties to the north of us than it flows through our project and through Forest Creek and out. So we're trying to continue the historic drainage pattern through our project. Walter spoke of the type B buffer, and that is correct. What I'm going to do is prepare a cross-section of that buffer. I can't share it with you today. I'm going to have it available before the Board of County Commissioners. And I've given Walter my card and I would suggest he contact me so we can share the actual planning type scheme that we're using so he can feel more comfortable with it by the time we get to the board. I think that -- I can't help him on the limitation, the number of beds. I've explained what the requirements are. And we have no objection certainly to low intensity lighting throughout the project. And I just would acquiesce that I agree with Mr. Bellows and Mr. Nino that all of us are going to try to encourage shared access. We've had benefits, the transportation network, all around us. And I would encourage you to keep that intact. Thank you. CHAIRMAN BRUET: Thank you. Anyone else wishing to speak to this issue? If not, the public hearing is closed. COMMISSIONER OATES: Mr. Chairman, I would move that we recommend approval of Petition PUD-98-11, subject to the conditions in the PUD document itself. But further, by the things that Mr. Duane had talked about this morning about the low level lighting, the type B buffer, the one story in the southern unit, and that the wall would be built as soon as feasible after the -- has been filled. COMMISSIONER PEDONE: I'll second that. CHAIRMAN BRUET: There is a motion and a second. Is there any further discussion? COMMISSIONER WRAGE: I'm just disappointed. This would have made an ideal landing strip for those of us who live in North Naples. COMMISSIONER TRAGESSER: Just one clarification for the PUD document. On page seven, item two, I'm sure -- CHAIRMAN BRUET: Yes. COMMISSIONER TRAGESSER: It says 35 stories, but I know you mean 35 feet. MR. BELLOWS: Thirty-five feet. Page 43 October 1, 1998 COMMISSIONER OATES: Feet, yeah. CHAIRMAN BRUET: Any further discussion? If not, all those in favor? Opposed? (No response.) CHAIRMAN BRUET: It passes unanimously. Let's take a five-minute break. (Brief recess.) CHAIRMAN BRUET: Again, we'll call petition n~mber DOA-98-1, Grey Oaks, companion to PUD 89-6(3). And we will also discuss PUD-89-6(3), Grey Oaks, companion to DOA~98-1. We'll kind of discuss them collectively but call a vote on them individually. COMMISSIONER OATES: Mr. Chairman? CHAIRPIAN BRUET: Yes, sir. COMMISSIONER OATES: As my wife, spouse, is the sole beneficiary of the trust that control and own Grey Oaks, I am going to recuse myself obviously from this discussion. Thank you. CHAIRMAN BRUET: Thank you, Commissioner. I have had conversations with the petitioner about this application. COM~ISSIONER URBANIK: So have I. COMMISSIONER PRIDDY: I have had a conversation with -- no, haven't talked to you about this. Talked to him about something else. Sorry. CHAIRMAN BRUET: Very good. Ron, please. MR. NINO: Inasmuch as this -- COMMISSIONER THAGESSER: Excuse me, I have also had a conversation with a representative of the petitioner. CHAIRMAN BRUET: Gary? COMMISSIONER WRAGE: I was out. COMMISSIONER PEDONE: I didn't return the phone call. CHAIRMAN BRUET: Again. My gosh. COMMISSIONER PEEK)NE: I've been so busy. COMMISSIONER WRAGE: I think we need to swear, too, don't we? CHAIRM3%N BRUET: Yes. Being a public hearing -- thank you very much. Being a public hearing, all those wishing to speak to this issue, please stand, raise your right hand and repeat after the court reporter. (All speakers were duly sworn.) CHAIR/~AN BRUET: Thank you. Staff? MR. NINO: For the record, my name is Ron Nino. The petition that's before you seeks a recommendation from this Planning Commission to amend the Grey Oaks development of regional impact development order and the Grey Oaks PUD. I think you'll agree that the changes that are proposed are positive changes in the sense that in Collier County we view anything positive that drags down density. This project primarily affects the southeast quadrant of the Grey Oaks PUD, and converts what was essentially thought of as a nine-hole with a substantial number of dwelling unit type of development to an Page 44 October 1, 1998 18-hole development primarily consisting of a hotel, but nevertheless, some housing units along the easternmost side of the southeast quadrant. In essence, this amendment reduces the number of dwelling units in the Grey Oaks PUD from 1,936 units to 1,136 units, a decrease of 800 units; it increases the number of golf holes from 45 to 54, for nine additional holes; and it essentially shifts the commercial area that was intended for the southeast quadrant near the intersection to a more central location, and adds the provision for development of a hotel within that location. As usual, the petitioner has a much more -- much better illustrative representations than we're ever going to have, and I'm going to leave a large part of that discussion to the petitioner. This petition also would increase the amount of acreage designated for conservation lakes and water management from 180 acres to 236 acres, or an increase of nearly 57 acres. And it will delete a proposed overpass that would have connected the north side to the east side. Obviously, you recognize that what drove that issue was the need to take care of the golf course action that would be back and forth between the north and the south side. And the south side is now being really developed more as an independent section of the Grey Oaks development. Therefore, the need for the overpass is not as important as it might have been under the original development scenario. Obviously, all of these uses are -- the Grey Oaks is an approved development order. The changes do not change any of the development intensity or density. In fact, it lowers them. Therefore, it goes without saying that all of these changes are consistent with all related elements of the Growth Management Plan. And, in fact, you'll note in my staff report that there's a substantial reduction in traffic, which as you know is always a major consideration in these developments. So there is a direct -- not only direct decrease in intensity and density of development, but more important -- just as importantly, a decrease in the amount of traffic that will be generated by this project. The amount of the commercial area in the aggregate remains the same. I mean, we're not increasing commercial floor area from the original, with the exception of this -- the PUD will add 100,000 square feet of commercial floor space -- actually, I should say it will restore 100,000 square feet of commercial floor space from the original Grey Oaks PUD document approval. You'll recall not long ago when this petitioner asked to amend the PUD to allow a higher -- a taller hospital structure, that a caveat that was throw~ into the proposal was the reduction of 100,000 square feet of floor space. Well, they're now asking to restore that. Ironically, while the PUD was amended to delete the 100,000 square feet, the development order was never amended. So -- but in fact the development order -- the PUD by this amendment will really catch up to the development order in terms of the allowable amount of retail office and service floor space. Page 45 October 1, 1998 You know, when we look at zoning actions, we not only think in terms of consistency with the master plan, Growth Management Plan, but we're looking at basic rules -- basic planning criteria, such as criteria -- such as compatibility, is this change further going to create a problem with adjacent properties, is it compatible with adjacent properties, do I need to go any further? Obviously, if they're going to convert the property to a golf course largely, that they're going to increase the level of compatibility with existing properties. Is it timely? Certainly, it's timely. We're in an intensively developing urbanizing area; therefore, the qllestion of timing is obviously evident. All around this property there is development, so it's appropriate that the time is right for developing this land. A whole system, complete system of urban infrastructure is available to service that land. That is also a major milestone that pushes zoning, rezoning decisions. In short -- you know, I'm not going to belabor it, because I'm sure George has got more valuable information to impart to you than I have. This petition, if approved, would be entirely consistent with the Growth Management Plan. It's consistent with what are considered to be good planning decisions in Collier County, inasmuch as it reduces density and intensity of land use, and we recommend approval. MR. VAP~NADOE: For the record, George Varnadoe. This is one of those really hard petitions. You know, you're reducing density by 800 units, increasing open space and recreational areas by about 57 acres, as Ron said. The sole purpose of this is to allow the development of the southeast quadrant as a world-class golf resort. The Florida Panthers, who also own The Registry Resort and Edgewater Beach, are acquiring this property and will be developing that as a private golf course resort area in conjunction with their other properties. That's the entire southeast quadrant, except for the parcel that Ron mentioned that is east of the FP&L line, which is shown on the site plan over here in orange. I'm not going to make any other further comments, unless someone has any questions. I think this is a win-win situation. We do have some revised stipulations that we have worked out with staff, and staff and OCPM and planning staff and the petitioner are all in agreement with those revised stipulations and not the ones that were included in your package. I'll be glad to discuss any of those, if anyone wants to discuss it. But I will tell you that we are in agreement with the stipulations. MR. NINO: I need to go back on the record. I would also ask that you allow us to amend our staff report to remove the conditions of approval that had to do with our discussions with OCPM. We've reached closure. The document I've handed out to you is entirely -- has been agreed to by OC -- Ed Ilschner, public works. And I would like to amend the staff report to reflect that those are no longer problems. CHAIRF~IN BRUET: You've seen these? You've seen this, George? Page 46 October 1, 1998 MR. VARNADOE: Yes. And we're in agreement with those revisals. CHAIRMAN BRUET: Today I've heard OCPM mentioned a couple of times. Tell me about their role here. I identify them as building roads and buildings, and all of a sudden they seem to be in the loop. MR. NINO: Yes. Public works is in the loop, and OCPM is an arm of public works. It's really not referred to as OCPM any longer. It's publicworks/utilities.' ' ' CHAIRMAN BRUET: Oh, all right. But what role are they starting to play? MR. NINO: They review all -- they review projects to determine if there's any need for right-of-way, drainage facilities. If we have a county project coming up in the near future, i.e., the widening of Golden Gate Parkway, we k-now we have some drainage problems that we need to address in connection with this. And like any other concern that we have, we're entitled, as a result of approving a development order, to ask that certain things be provided and made available to the county, and we've reached that type of agreement here. CHAIR/HAN BRUET: Okay. So they don't get involved in every project, just those that -- MR. NINO: No, just those that have a -- COMMISSIONER PRIDDY: I notice the absence of Mr. Kant or his representative. I take it that the office of capital projects is going to be reviewing these? Are they going to have someone -- staff come in so that we can have our questions answered? MR. NINO: Where we have an unresolved problem, we will have a member of public works here, which, incidentally, includes transportation. COMMISSIONER DAVIS: So Mr. Nino, Mr. Kant's old role, when we had transportation questions, we now get somebody from public works here to answer if something -- MR. NINO: No, if it's transportation related, it will be Ed or someone representing Ed. And if it's water management or engineering, it will be someone -- it will be someone with that expertise from Mr. Ilschner' s staff. COMMISSIONER DAVIS: Well, more the point of my question was, we always enjoyed the company of Mr. Kant. As you know, transportation issues seem to come up with a fair amount of regularity. We don't see Mr. Kant anyraore. MR. NINO: I guess he's pretty busy. But he could very well have attended this meeting. We didn't -- we never specifically ask Ed to attend the meeting, unless we think there's a problem with transportation. Quite frankly, I didn't think there was a transportation issue here. But, for example, he will definitely be at the meeting at which we deal with the subsequent petition by Mr. Varnadoe. CHAIRMAN BRUET: We were just trying to understand their role. And it seemed new to the process to me. Is there any other questions of staff or the petitioner? COMMISSIONER TRAGESSER: I have one question for staff. You've just handed us a document. It's a revised doctunent? Page 47 October 1, 1998 MR. NINO: That document would revise the stipulations within the PUD document that you have for the Grey Oaks project. COM~4ISSIONER TRAGESSER: And the strikeouts are -- MR. NINO: The changes -- are the deletions. COMMISSIONER TRAGESSER: Deletions. MR. NINO: And the underscores are the additions. COMMISSIONER TRAGESSER: Okay, thank you. CHAIRPERSON BERRY: Any other questions? Does anyone care to speak to this issue? If not, I'll close the public hearing. COMMISSIONER PRIDDY: Mr. Chairman, I move that we recommend for approval, Petition PUD-89-6(3) (sic). CO~4ISSIONER URBANIK: I second it. CHAIRMAN BRUET: There was a motion by Mr. Russell, approved by Ms. Urbanik. Any further discussion? If not, all in favor? Opposed? (No response.) CHAIRFfl~N BRUET: Motion carries unanimously. MR. NINO: We need the -- MR. VARNADOE: Mr. Chairman, you have one more DOA. CHAIRMAN BRUET: Yes. COMMISSIONER PRIDDY: Mr. Chairman, I move that we recommend for approval item -- Petition DOA-98-1. I guess I got those out of order. COMMISSIONER URBANIK: Second. CHAIRMAN BRUET: Once again, a motion is made by Mr. Budd (sic), approved by Ms. Urbanik. Is there any further discussion? Is there any further dlscusslon. COMMISSIONER PRIDDY: Can you straighten our chairman out? COMMISSIONER BUDD: All Russells are not created equally. CHAIRMAN BRUET: Oh, I'm sorry. Yeah, I'm sorry about that. My God, I've got a long way to go here. Any further discussion? All those in favor? Opposed? (No response.) CHAIRMAN BRUET: Motion carries unanimously. COMMISSIONER PRIDDY: The petitioner, we know, would like to take the books back. MR. NINO: I've got news for you, they're not as concerned about paper as you are, which means I'm going to have to carry them back. I'll get them later. COMMISSIONER PRIDDY: Mr. Chairman, I need to disclose that on this next item, I had a conversation with a local attorney. Let me see, his name, Bruce Anderson. CHAIRMAN BRUET: Does anyone have any disclaimer? COMMISSIONER WI{AGE: So did I. COMMISSIONER OATES: I have to recuse myself again, Your Chairmanship. Page 48 October 1, 1998 I had a discussion as well with the COMMISSIONER TRAGESSER: petitioner. COM/4ISSIONER PEDONE: He didn't call me. COMMISSIONER BUDD: You don't return your calls. COMMISSIONER PEDONE: I know it. COMMISSIONER DAVIS: Mr. Chairman, I spoke I think a time or two with Wayne Arnold about this one. COMMISSIONER URBANIK: Yes, I spoke with Mr. Arnold also. CHAIRMAN BRUET: Well, I was on vacation. I was away, so i didn't speak to anyone. But anyhow, staff, how do you want to proceed? Do you want to just begin the discussions? MS. LAYNE: Lee Layne. CHAIRMAN BRUET: Yes, this is a public hearing, and -- COMMISSIONER DAVIS: Isn't this legislative? CHAIRMAN BRUET: Where are we? Is this just a workshop or legislative, Heidi? MS. ASHTON: It's legislative. COM14ISSIONER DAVIS: Don't need to swear with legislative, right? MS. LAYNE: Lee Layne, for the record, Mr. Chairman. These are petitions to consider recommendation for transmittal to DCA of the 1998 Growth Management Plan amendments. And at your September 17th public hearing, you heard the transportation element and recommended transmittal, you heard the capital improvements element and recommended transmittal, Petition CP-98-2 and recommended for transmittal, as recommended by staff, and Petition CP-98-04 recommended for transmittal. ' This morning Amy Taylor will present CP-98-01, and Michelle Mosca will present CP-98-03. At the conclusion of each of these, you'll make a straw ballot, just as you did the last time. After both of these petitions are completed, then we'll need a final recommendation, based on your action from the last meeting and this meeting. If you transmit or recommend not to transmit on those straw ballots, we need a final recommendation to transmit these to the board for transmittal to DCA. And if you need help on that final motion, we'll work with that at the end. CHAIRMA$; BRUET: Thank you. MS. TAYLOR: Hi, good morning. My name is Amy Taylor, for the record, I'm with the comprehensive planning section. The petition you have before you is CP-98-1, an amendment to the Growth Management Plan. The subject property is approximately 31 acres and is located on the northeast corner of Pine Ridge Road and Goodlette-Frank Road. The parcel lies within the North Naples planning community. The petitioner specifically seeks to amend the existing Future Land Use Element and map of the Collier County Growth Management Plan to allow the creation of a Goodlette/Pine Ridge commercial infill subdistrict to the urban commercial district for specified land, these 31 acres previously referred to; the proposed text change as language under the urban commercial district on page LUI-380 section B, as is Page 49 I October 1, 1998 indicated in your staff report. Essentially this new land use designation would allow retail and commercial office to include single-story retail and up to three-story professional or medical related offices. 150,000 square feet of office space is the maximum, and 125,000 square feet of retail commercial uses will be permitted. Also, any individual retail tenant could be allowed up to 65,000 square feet of gross leasable area. The property is presently designated urban mixed use -- or urban residential subdistrict. Approximately 15 acres of this property is immediately adjacent to the Goodlette-Frank Road and Pine Ridge Road and is zoned RS3 and allows single-family homes at this time. The remaining 15 acres is along Goodlette-Frank Road and is zoned rural agricultural, and permits single-family homes and agricultural uses. The entire property is vacant at this time. To the north of the property are two planned church sites. They are not developed as yet. They are zoned -- the land is zoned rural agricultural. And further to the north of that is the Autumn Woods PUD. This property is designated urban mixed use, urban residential subdistrict. Pine Ridge subdivision lies to the west of the subject property and is zoned rural agricultural. To the east is the North Naples Fire Station, this is along Pine Ridge Road, and the Naples Area Board of Realtors, and they're both zoned C-1. The Pine Ridge middle school is to the west of the property and is zoned rural agricultural. The staff performed an analysis on this property to -- or this petition to include traffic impact and analysis of the petitioner's market analysis, and a review of the appropriateness and evaluation of the appropriateness of the change. Staff has made the following findings and conclusions: The current use is compatible with existing residential development within the Pine Ridge subdivision to the west and The Moorings Park PUD to the south, and Autumn Woods PUD to the north of the subject property. Like the subject property, both the Pine Ridge subdivision and Moorings Park PUD are adjacent to two major roadways, and the Autumn Woods PUD on Goodlette-Frank Road is also impacted by the 100-foot FP&L easement. Nonresidential uses are available to the -- to be developed on the site, such as private or public schools, churches, recreational and public facilities, adult living facilities, day care and social or fraternal organizations. These nonresidential uses are compatible with the uses immediately adjacent to the north and the east, which is the board of realtors and the fire station. The size and configuration of the property would not inhibit the development of these nonresidential uses, and would be consistent with the development pattern of immediately adjacent properties to the north and east. Further, staff finds that there is no current shortage of existing retail space in the primary trade area, and that there is an Page 50 October 1, 1998 adequate amount of vacant space appropriate for retail development in the future. The zoning of approximately 15 acres of the 31-acre property had been at one time C-l, and it had been reduced -- or changed to RSF-3 during the county-wide zoning reevaluation program. The magnitude and scale of the project of 275,000 square feet is -- it's significant to note that it is similar to the scale of an activity center development. Particularly, as an example, the Carillon Shopping Center, the Winn Dixie there has a grocery store of 52,000 square feet. This petition is asking for a maximum allowing 65,000 square feet for an individual tenant. So that kind of gives you an idea or a visualization of what could be potentially developed on this site. There remains residential and nonresidential options without changing the land use for the north 16 acres of the property. In addition, the site generated trips for this property would significantly impact Goodlette-Frank Road, which is projected to be deficient by 1999. The proposed -- the project as proposed would need to be phased, and -- to coincide with the improvements along Goodlette-Frank Road. Staff concludes that the uses under the Future Land Use Element are appropriate and include the following uses: Residential, up to, with density bonuses, 11 units per acre, and institutional uses. In addition to the above uses, office space development on this site would be appropriate based on the property's central location in the urban area. Staff recommends that the proposed change as submitted by the petitioner be changed to or amended to Goodlette/Pine Ridge office and institutional infill subdistrict, and that the language be amended to include -- to exclude retail up to 125,000 square feet and allow for office and institutional uses up to 250,000 square feet with support retail of 25,000 square feet. And the language that follows in your staff report is -- indicates this change. Thank you very much. CHAIRMAN BRUET: Any questions of staff? COMMISSIONER DAVIS: So are you saying what's in our staff report has changed? MS. TAYLOR: The petitioner -- the petitioner's request is in the first page. COMMISSIONER DAVIS: No, what your recommendation is. MS. TAYLOR: Right, the recommendation is changed from what the petitioner has asked for to reduce the amount of retail square feet. COMMISSIONER DAVIS: No, wait a minute. Excuse me. Is the staff report still correct in -- MS. TAYLOR: Yes. COMMISSIONER DAVIS: -- what it's saying -- MS. TAYLOR: Absolutely. COMMISSIONER DAVIS: -- you're recommending of staff? MS. TAYLOR: Yes. COMMISSIONER DAVIS: Nothing's changed? MS. TAYLOR: Nothing's changed. Page 51 October 1, 1998 COMI~ISSIONER DAVIS: Thank you. Just wanted to be sure. CHAIRPERSON BERRY: Any other questions? If not -- MiR. ANDERSON: Good morning, Mr. Chairman, members of the commission. My name is Bruce Anderson on behalf of the property owner. I'd like to introduce Mark Morton from Barron Collier Companies, Jeff Perry and Wayne Arnold from Wilson-Miller, and Julian Stokes from Appraisal Research Corporation of Naples. Included in your Planning Commission packet are the written professional opinions of Mr. Arnold, the planner on the project, and Mr. Stokes, the appraiser and market consultant, that this 31-acre parcel is not suitable from a land use perspective, nor economically feasible from a market demand perspective to be developed for residential uses because of its narrow configuration, the abutting nonresidential uses, the electromagnetic transmission lines, and the two abutting arterial roadways. In connection with this plan amendment, as you can see in the language that we submitted, we are negotiating with the Collier County School Board staff to provide them with an access road through the property to provide an entrance road from Goodlette Road to the Pine Ridge Middle School. Our original amendment proposal was for a 280,000 square foot neighborhood retail commercial and office development on the 31 acres, of which a maximtun of 180,000 square feet would be available for neighborhood retail uses. We are the only applicant for a comprehensive plan amendment that submitted a market study to support our request. This neighborhood retail center would serve the surrounding residential areas within a two-mile radius north, south and west of the subject property, which you now have to drive to U.S. 41 or to Airport Road for similar services. Approval of this amendment and development of the property would reduce the impacts on U.S. 41 and Airport Road, as well as Pine Ridge Road. A neighborhood shopping center of the size proposed with a grocery store anchor can be expected to capture at least 30 percent of its traffic from cars that are already passing by the site. And I just want to make a side comment about the comparison that staff made in their oral presentation about comparing what we're proposing to Carillon Plaza. It's like comparing apples to oranges. Carillon doesn't have any office component, as far as I've ever been aware of. And I believe Mr. Stokes can elaborate on that when he gets up to speak. We have worked very closely with the long-range planning staff throughout this process, even before the plan amendment was filed, to address their concerns and answer their questions. For instance, before we ever filed the application, we were requested to put a square footage limitation on the overall development, a limitation on the size of any primary retail anchor tenant, and to include building height limitations and a commitment to a unified development plan. These are all typically items that are addressed later in the process at the time an actual petition for rezoning is filed. However, in an Page 52 October 1, 1998 effort to be cooperative, we addressed all of these requests in the language of the plan amendment itself. At a meeting with the staff after the plan amendment was filed, we were requested to decrease the retail square footage from 180,000 square feet, and to concentrate the retail uses on the southern portion of the property, closest to the intersection of Goodlette and Pine Ridge. Again, we responded to staff's request with language offering to reduce the retail square footage allowance by almost one-third, from 180,000 to 125,000. The language that you have before you reflects that offered reduction, as well as the proposal that retail uses be concentrated on the southern portion of the property. We have also met with the presidents of the second district association and the Pine Ridge Civic Association, and we have agreed to meet with them again when a PUD rezone petition is eventually filed for this property. We are pleased that staff is recommending approval of part of our plan amendment. However, there does remain an area of disagreement with regard to the allowable retail square footage. We stand by our original market study, which the planning staff had some questions about. Again, in response to their questions, Mr. Stokes has delved into the staff's market analysis of his market study in great detail. In fact, his appraisal firm made a door-to-door search of all the developed and undeveloped commercially zoned locations that are cited by staff in support of their position. I'm going to ask Mr. Stokes to elaborate on his market study and to share with you his findings regarding a market analysis that was attempted by staff that serves as the basis for their lowered recommendation on neighborhood retail uses. Following Mr. Stokes, I'll have Jeff Perry to come up and address the transportation impacts and explain why a complimentary mix of retail and office uses at this location is much better for their surrounding transportation network than developing the site with office uses almost exclusively. Mr. Wayne Arnold is also available to answer any land use planning questions that you may have. And if you have any questions for me now or later, I'll be happy to try to answer them. Otherwise, I'd ask Julian Stokes to come up and speak to you. CHAIRMAN BRUET: Does the board want to address Bruce in any way, or do you want to hear from Julian? Okay, Julian. I have never seen you looking so good. MR. STOKES: Well, thank you, sir. I clean up pretty good, don't I? I'm not fishing today. Ladies and gentlemen, for the record, my name is Julian Stokes. I'm a consultant with Appraisal Research Corporation of Naples. First, let me address the issue that was brought up regarding Carillon Center, which is located in an activity center, as compared with the request that we've made for the 150,000 square feet of office and 125,000 square feet of retail. Page 53 October 1, 1998 There is no office component in the Carillon Center. I assume that you may be furnished with our answer to planning staff's memorandum, and in that we break down each component of Carillon. I guess that's a coincidence, but we do break down each component of Carillon. It is -- actually, Carillon is one of the only, if not the only true power center located in Collier County which is -- you know, a power center is more or less a hybrid of what we call a community regional center. To continue our original market study, dated April 15th, 1998, concluded to the need for 177,500 square feet of retail space within a two-mile radius at the present time, which would increase to 280,500 square feet by the year 2002. After we submitted the request, at the request of planning staff, we met with their representatives on two occasions in order to -- in order to present an explanation of the methodology regarding the development of the market study. Since that time and subsequent to the receipt of the planning staff's memorandum, we completed additional analyses in order to answer the concerns that they had regarding our market study. What we had decided is we brought in Stan Gebber, with Fishkind and Associates, not only to review our initial study, but also to further assist us with our analysis of county staff's study, and provide us some guidance with regard to the demand and supply analysis. Both Fishkind and Associates and Appraisal Research Corporation of Naples have concluded that the original market study was appropriate. However, we did proceed to analyze, as I've said, the supply analysis completed by planning staff. Essentially, the planning staff's supply analysis sought to include all retail oriented space, inclusive of the smaller freestanding and the smaller strip centers included in the two-mile radius. I'm referring to the small properties like Dan's Fans, the 7-Elevens, properties that this is not common practice in proper market analysis to include those, because they don't compete. They don't compete for the same retail dollars in the same way. And I'll get to that in a second. In order to properly analyze -- and this is in getting back to the response to the county staff's supply analysis -- in order to properly analyze both demand and supply, Fishkind and Associates determined and assisted us in coming up with total demand for retail space in both neighborhood and community centers, or the neighborhood and community retail component. Neighborhood and community retail may be defined as those retail uses which have daily and weekly expenditures. Not included in the demand and/or supply should be those uses that are considered regional in nature, and those particular uses might be -- or are defined as having monthly and/or one-time annual purchases. In order to include the supply -- when you get into analyzing retail properties, typically you're going to look at -- and we did a two-mile radius, remember, because we're looking at neighborhood Page 54 October 1, 1998 necessity; necessity for a neighborhood community type center. And in order to do that, we utilized in our demand analysis dollars expended in neighborhood stores. This is out of Urban Land Institute's dollars and sense of shopping centers. When you Get into a community regional use, those dollars per square foot may drop. A neighborhood center expends $225 per square foot, a community regional type use drops down to 175, 185. A specialty concern, like Waterside Shops, may go 750 to $1,000 a square foot, because they draw from such a large area. When you look at the smaller freestandinG strip centers, like a Dan's Fans, like the little 7-Elevens, the little strip centers, they're likely not Getting much over 50 to $75 per square foot expended within those -- you know, per square foot in those centers. Therefore, in order to keep an apple to an apple, so to speak, if you're Going to include all this freestanding space in your supply side, you need to adjust certain aspects of your demand side. Regardless, what we've done is we took the demand analysis completed by Fishkind and Associates, we did a land truth study, went to every facility that was included in the county's supply, and weeded out all the properties that were not retail. They had utilized, and appropriately so, the county tax assessor's list of land uses, both the improved and vacant. And if you Go door-to-door, you'll find out that some of those are HodGe's Funeral Home, the bowling center, Goodlette's Strikes and Spares. You'll find that a lot of the uses that were included and added in their square footage are not retail oriented. Regardless -- and not to belabor the issue, our subsequent analysis indicates a need for 198,285 square feet at the present time, and 301,651 square feet by the year 2005. Thank you. If you have any questions, I'll be Glad to answer them. CHAIRPL%N BRUET: Does staff have any questions? COMMISSIONER DAVIS: Yeah. Mr. Stokes, like in the case of Carillon, so part of what you're saying is you can consider the neighborhood commercial component, like the Grocery store and the drug store, but yet Circuit City, where hopefully I only have to Go once a year to buy a new appliance, is different? MR. STOKES: Yes. And in the subsequent study, we went through Carillon, for instance, we took out all regional space and we included any neighborhood community oriented space. COMMISSIONER DAVIS: Okay, thanks. CHAIRMA/g BRUET: Any further questions? COMMISSIONER TRAGESSER: Yes, Mr. Chairman. Just to Get a sense of the 125 of commercial. MR. STOKES: Yes, ma'am. COMMISSIONER TRAGESSER: Can you cite a local neighborhood center that might define that sort of size and use in existence? Like River Chase or -- MR. STOKES: I would think Neapolitan is a Good example, particularly in the two-mile radius. Page 55 October 1, 1998 COMMISSIONER TRAGESSER: Both sides or just the one side? MR. STOKES: Both sides. COMMISSIONER TRAGESSER: That would be -- so we could look at something about the -- if you combine those two, that -- MR. STOKES: Yes. COMMISSIONER TRAGESSER: -- would be about what you would be looking at in retail? MR. STOKES: Yeah, I'm not sure it's not a little bit more than 125,000 square feet. Hold on a second. I'm sure I have that here. How big is Neapolitan? 133,000 square feet is Neapolitan. I think if you look at this parcel and you exclude the land area designated for office space, you're looking at a parcel that based on current building to land ratios should easily support 180,000 square feet of retail space. And if I'm not mistaken, and I may be getting out of line, the idea with regard to developing this site was to develop it more along the lines of a neighborhood center; therefore, reducing it to the 125,000 square feet. CHAIRF~N BRUET: Any further questions? Thank you. MR. STOKES: Thank you. COMMISSIONER DAVIS: I wonder if the shopping center out in front of Vineyards isn't fairly close. Because that's got a Publix. COMMISSIONER TP~AGESSER: That's been retained as neighborhood commercial on two sides. COMMISSIONER DAVIS: Right. And using that quite a bit, if that isn't neighborhood commercial, I don't know what is. COMMISSIONER TRAGESSER: Works for you. COMMISSIONER DAVIS: Yes. MR. PERRY: Good morning, Mr. Chairman and commissioners. My name is Jeff Perry, I'm a certified planner with Wilson, Miller, Barton and Peek. You've heard described for you today the mix of land uses that we're talking about. You've also heard Julian Stokes describe the market justification that supports that mix. I would like to discuss with you what I believe are some of the positive traffic related issues surrounding our particular proposal. I'm providing you a couple of exhibits that you haven't seen before; one of which the aerial photograph is a small version of what I have up on the board here. The other is a table that we developed as a result of reviewing the county staff report and the recommendations that were made in there. As I reviewed the staff report, it appeared that some of the recommendations that were being made were perhaps based upon the -- a gross calculation or a general calculation of trip generation. It was clear that the land use mix dominated by predominantly professional office would generate at the driveways less traffic than the proposed mix that we had prepared. But we do believe that the staff analysis doesn't go far enough in determining some of the factors that a neighborhood shopping area like this brings to the transportation system. Following our review and general analysis of the staff report and Page 56 October 1, 1998 discussions with staff, we prepared the more detailed analysis. I want you to keep in mind that this kind of level of analysis is subject to a great deal of debate. Trip generation is something that I can tell you from experience or by example that offices -- for instance, an office building has a certain trip rate, an office -- same amount of square footage in an office park has yet another trip rate, medical offices have yet the third trip rate, each of which may be exceedingly higher. We're not here to debate the trip rates, we're here to try to demonstrate for you the positive benefits of the kinds of trips we're talking about generating, and what happens in the travel stream as opposed to when comparing one kind of product mix to another. In the analysis -- let me walk you first through the table. We've divided the table into the proposal that has been submitted as part of our recommendation, and then the lower middle, the staff recommended product mix. You'll see in the first column to the right of the description is the square footage mix proposed by each, and then we have another series of columns that I'll walk you through at this point. The gross trip generation is calculated again based on some assumption that there's a certain nua~ber of trips per square foot, or in this case thousand square feet. It generates what are called raw or gross trips. The next column to the right of that is something called internal capture. When you're -- when you are developing a mixed use development, whether it be mixed use commercial or mixed use commercial and residential, or any combination of mixed uses, there is some interchange between those uses. Trips that are coming from an office may go to lunch in the shopping center; shopping center businesses may have personal business at a particular business on-site. Certainly, when you throw in residential into a mixed use, a large mixed use development, there's an awful lot of internal capture. Further to the right we have something called pass-by capture. This is actually traffic that is on the highway already, it is being captured from the existing travel stream to stop at this particular location, as opposed to going further down the road to get to their original destination. It has the effect not only of reducing the amount of traffic that this product is actually generating, but it also shortens the trip length, because that trip didn't have to go that extra mile or so, which we'll talk about in a few moments. To the right of that is something called diverted length trips. These are trips that were not on the street out in front but were somewhere else in the network that for a very good reason diverted over to this particular location. And you'll see in a few moments that the bulk of these diverted length trips in our proposal come from traffic that is coming from the neighborhood, the immediate neighborhood, that is having to travel other routes or other roadways to get to their destinations to satisfy their shopping trips. In this particular analysis, what we do is we start with gross trip generation, we begin to subtract out these other factored trips, Page 57 October 1, 1998 and we end up with what are called net new external trips. These are the trips that this particular use is truly accountable for. These are the kinds of trips that your impact fee ordinance is based upon. This is what you assess the developer for when he is required to pay road impact fees. We've taken this one step further. We've looked not only at the driveway or the amount of traffic that's actually entering or exiting the project on the adjacent roadways, but we've also looked at how far those trips have to travel. Remember we talked about a neighborhood shopping center and how it attracts traffic to its site from the immediate area? What we've done, again from the county's impact fee ordinance, we've identified the typical or the average length of trip for a shopping trip, as well as an office trip. And as you might expect, the neighborhood shopping trip is much shorter than a personal business or an office type of trip. Employees will travel much farther distances to go to work as opposed to going to the grocery store or going to the drug store or someplace like that. You'll also travel farther to get to your bank or to your real estate office or your lawyer or whoever you want to go to. And an office establishment typically has a much longer trip length. So in the first example, using our proposal, we've got trip lengths multiplied by the number of trips that are being generated, and we come up with what's called vehicle miles of travel. Vehicle miles of travel is an important factor. It's a very good indicator of system performance, what's happening on the network, the actual miles of travel that people are driving. When you couple that with congestion, such as levels of service, you can actually see how many people are sitting in their cars traveling how many miles every day under what kinds of conditions. So vehicle miles of travel is a very, very good indicator of system performance that's also used in calculating emissions. The larger the vehicle miles of travel, the worse typically your system is performing. People are having to travel longer distances to find their destinations. So in the much larger scheme of things, when we're talking about where new highways should be and where new roads are going to interconnect, the best you can expect is the lowest vehicle miles of travel, because that means that your system is operating efficiently, getting people to and from where they want to go as quickly and as efficiently as possible. But that's a very big factor when it comes to air quality, because the more vehicles on the road traveling longer distances creates a greater level of air quality emissions. In the final analysis, what we see here in the table is that the VMT comparison shows that our particular proposal, even with conservative estimates for trip generation, where we used in our particular analysis almost a worst case trip generation for our scenario and the best case trip generation for the staff scenario, simply to demonstrate that we could still show that there was in fact a positive benefit globally or system-wide to the mix of uses that we Page 58 October 1, 1998 were proposing here. Now, clearly there's a difference between trip generation with one proposal and another. But you can't ignore -- you can't just look at the driveway trips or the trips immediately adjacent to the street. You need to look out beyond that limit and look more system-wide. In a more detailed kind of analysis, one that might be done perkaps at the point of rezoning, you would also look at a peak hour analysis. And I can tell you that the peak hour analysis will actually draw this difference of trip generation closer together, because shopping has a much lower peak to daily ratio than offices, which means that there are more people traveling during the peak hours of offices. In fact, as much as 30 percent of the office daily trips occur either -- in a combination of the morning and the p.m. peaks. Typically people arriving to work and people leaving work, that occurs during two predominantly peak hours. Thirty percent of the office trips will occur during those two hours. In the case of shopping, only 11 percent occurs within the peak hours, and only one percent in the morning. And the other 10 percent occurs in the evening peak hours. So that if you go into another level of detail, looking even closer at the peak hour traffic, you'd find that our trip generation numbers would probably get a lot closer. I think at this point what I'd like to do is walk you through a demonstration of some of the travel patterns and things that we expect to happen with this particular type of development. As we've shown in the aerial photograph, the -- and what we've done is we've taken a couple of examples of where residential units might be within the two-mile area coming to and from existing shopping trips and where -- how they might get to the particular place we're proposing here. In the Pine Ridge area -- or in the Autumn Woods section, typically there's a couple of different paths that someone might take, either coming out to U.S. 41 and going north, coming from the Autumn Woods development and going north up to the Pine Ridge area. These residents in this area could also come down to this particular intersection and out to here. There's another center over here, so there might be some trips like this. People will travel -- with the exception of choice of grocery stores, people will probably travel to the closest drug store or grocery store to get what it is that they need. We can clearly see that the travel for these residents in this particular neighborhood area will be much shorter. Oftentimes trips exceeding two and a half miles that can be reduced to less than a mile, in some cases to a quarter of a mile travel, instead of the one to two and a half miles that previously would have been expected. It also demonstrates the concepts of diverted trips as well as pass-by trips. Pass-by trips or diverted trips would be these trips that are presently using a section of highway like U.S. 41, would now travel down into a center using a different route. Pass-by trips would be those trips that are already passing by this particular center on Page 59 October 1, 1998 their way to another center, which are now made a lot shorter by the fact that they can now satisfy their trip at this particular location. In this particular example, coming out of the Big Cypress Golf and Country Club area, the shopping trips that would be satisfied at the Airport/Pine Ridge intersection would be perhaps one-tenth of the distance along that particular corridor because of this particular center right here. I think that this graphically demonstrates the benefits of these kinds of trip analyses. The pass-by trips, capturing those out of the existing travel stream, diverting length trips, the national average for this kind of development would be about 22 percent. I would suggest to you that we are probably going to capture more trips than the 22 percent. Shopping centers themselves can capture as high as 50 percent of the travel. Your impact fee ordinance assumes at least 46 percent capture of existing traffic. So trip generation is not the only factor that we have to look at. We have to look at a system-wide analysis. And I believe what we have here is compelling justification for the product mix that we have proposed. And if you have any particular questions, I'll be glad to try and answer them. CHAIKMAN BRUET: Jeff, I have a quick one. The -- you're going to construct an access road for the school, which I would assume would impact school bus traffic off of Pine Ridge Road and divert it more to the north, keeping it away from the intersection, is that -- MR. PERRY: That's correct. CHAIRF~N BRUET: And I assume that's reflected in your numbers, those kinds of projections? MR. PERRY: As you had indicated, the access road would be over here and the bus traffic, as well as other kinds of school traffic, would be entering here as opposed to being out here on Pine Ridge Road. What we were specifically dealing with was the traffic generated by our particular project. We didn't analyze any additional trips generated by the school, but diversion of those trips, certainly there would be perhaps less impact on this intersection as a result of our providing this particular intersection here for those trips that would be coming down Goodlette Road. But our trip generation numbers, these tables here, both in the county's analysis and in our analysis, did not look at anything outside the boundaries of this particular proposal. CHAIRMAN BRUET: I was looking at it as a public benefit, along with everything else that we're doing. MR. PERRY: The school certainly sees it as a public benefit. There's a lot of problems created by the entrance road that presently exists here. Our -- the other concern or the other benefit that we see in this, although we didn't mention it in the analysis, but since you brought it up, is that the school, early morning school traffic, and the lower early morning traffic associated with the shopping center, Page 60 October 1, 1998 which would also be using this particular entrance in part -- although there are other entrances to the project -- is a positive mix of those two uses, where you have a lot of trip generation being done by offices where everybody is trying to arrive at 8:00 in the morning, plus everybody coming to school at 8:00 in the morning, or 8:30, or whatever the hour of arrival is here, you have a greater tendency for trip interaction or difficulties at that location. CHAIR/W_AN BRUET: Mr. Priddy? COMMISSIONER PRIDDY: Jeff, staff mentioned that Goodlette-Frank was going to be deficient in a year or two. Bring us up to date, because I know there's plans for widening. Bring us up to date on that schedule, if you can. MR. PERRY: Sure. First of all, that pro -- this -- Goodlette Road will be deficient with or without this project. This particular project as proposed does not make this road go deficient. The difference -- in fact, the difference between our proposal and the staff proposal does not create a significant impact anyplace. The numbers are just so small. This particular project is predicted based on some recent projections which may in part be influenced by some traffic that is being diverted as far north as U.S. 41 area, using Pine Ridge Road and using -- coming up through Goodlette Road area here. This project is under design to be widened within this next three-year period. So from a concurrency standpoint or from a capacity standpoint, we don't see that as an issue. There's -- it's being resolved and -- COMMISSIONER PRIDDY: So from Vanderbilt to Pine Ridge is anticipated to be upgraded within the next three years? MR. PERRY: Within the next three years, yes. I don't have the exact construction schedule, but it's -- COMMISSIONER PRIDDY: And from Vanderbilt back to Immokalee Road is even -- MIR. PERRY: Is not in the work program. COM/4ISSIONER PRIDDY: Is not in the work program. CHAIR/~n2q BRUET: Any further questions? COM}4ISSIONER W-RAGE: I'm just curious to staff's response to this particular document that we've got. COMMISSIONER DAVIS: I'm sure we'll hear at the end. CHAIRMA/g BRUET: Terri, did you have any comment? MS. TAYLOR: Again, my name's Amy Taylor for the record. We received this item yesterday, and I've given it over to our transportation planning staff, Gavin Jones, and he'll be going over that with you in a moment. CHAIRMAN BRUET: This is staff's. MR. JONES: Good morning. My name is Gavin Jones, I'm a transportation planner with the Metropolitan Planning Organization. I was asked to review the analysis of the comparison of the two uses, one as proposed by the petitioner and one as recommended by staff, and I've handed out to you the table that I'm trying to bring into clarity on the visualizer. Page 61 16G1 October 1, 1998 The only -- the only really difference of opinion that staff has with the analysis presented to you is the use of the diverted length trips. When we do long-range transportation planning, we rely on like a few fundamental ideas. One is that trips are produced from the home and they are attracted to commercial land uses. And also, we rely on the notion that regardless of how many commercial uses you add to the network, the number of trips on the network is tied to the number of dwelling units. And that's what the assimilation model does. And that's just a reflection of the notion that people have an innate need to make a certain number of trips in a day or a week or a month, and if you -- everything being equal, if you added one new commercial activity to the county, that would not increase people's need to make trips. It might change the destination of their trips, but it doesn't increase their need to make trips. And the only thing that increases the number of trips in our county is the number of people who live here. And as new commercial activities open their doors, that may alter their trip-making -- their destination choices, but it will not increase their need to make trips. So following from that is the notion that all of the trips that would cross the driveway of a new commercial activity the day that it opens its doors, we're going somewhere else yesterday. And staff would propose that all of the trips in essence are diverted length trips. And what this table is doing is removing those diverted length trips. It does one other minor bookkeeping change. It adds one column, new external trips after the internally captured trips are removed. And then applies the pass-by capture percentage to that subtotal to create a column called net new external trips, which are then multiplied by the average trip length to arrive at those vehicle miles and travel figure. So the basic premise by staff is that all of the trips that are crossing the driveway, a driveway to counter of a new commercial activity, we're going somewhere else yesterday. And what this table is doing is quantifying the impact out the driveway. The internal capture trips are removed to reflect justifiably that some of those trips will be between the uses within the site. The pass-by capture is reflected, using the same numbers proposed by the applicant. But that is where the quantification of impact ends. And staff is suggesting that the net new external trips on the road right outside the driveway is what you find in the net new external trips column, that it is higher with the mix of uses proposed by the applicant, it is lower with the mix of uses proposed by staff, and that also the vehicle miles of travel using the same average trip length is lower with the mix of uses proposed by staff. COMMISSIONER PRIDDY: Mr. Chairman? CHAIRMAN BRUET: Yes. COM/~ISSIONER PRIDDY: The difference that we're talking about here is 10 percent or less. Is that significant to the overall picture of what we're talkinG about here? MR. JONES: I wasn't coming to argue significance, just to maybe Page 62 i6G1' · October 1, 1998 question the -- what the results would suggest in the analysis proposed by the applicant, that, you know, this mix of uses that would result in a lower number of external trips would somehow generate a greater number of vehicle miles of travel. COMMISSIONER PRIDDY: I think what I was getting at, though, irregardless of whether we look at their numbers or your numbers, we're down to, you know, a minor difference in what's going to be generated for this project. M]{. JONES: Well, the -- if the -- it depends. If the question is the impact on the road outside the site, you know, the day that the doors open and there's full use, what's shown -- what was shown by the applicant in here is daily trips. And Mr. Perry alluded to, you know, a further level of detail, a peak hour analysis. And in the peak hour, there are, you know, some -- the proportion of trip makers entering and exiting the uses is lopsided. You know, one direction in the morning, the other direction in the afternoon. That affects things like the internal capture rate or the number of internally captured trips. I did quickly and roughly a p.m. peak hour analysis using the same -- the same number of trips that were relied on in the numbers produced by the applicant. They provided to -- they provided to staff those daily trip numbers. They also provided p.m. peak hour trip numbers. And using those and figuring out how many of those trips would be captured internally and then applying the pass-by capture rate, the difference -~ the discrepancy between the two proposals was a little greater. It was a peak hour number, but it was in the 800 net new external trips for the proposed mix of uses, and a little over 500. So the -- you know, the percentage difference in the nun%ber of trips passing by the site was a little greater, if the peak hour was the period being analyzed. CHAIRMAN BRUET: I still think it's a very small difference to even be talking about. You're talking 800 trips a day on a four-lane highway, and I don't think -- two years from now, I don't think any of us are going to be able to realize -- M~. JOSFES: No, that 800 was a peak hour number. The peak hour number, yeah. The table before you and submitted by the applicant, those were daily nuntbers. The 500 to 800 discrepancy that I mentioned was a peak hour number. CHAIR~IAN BRUET: I see. Okay. I still -- COMMISSION-ER PRIDDY: That still brings your daily trip to an insignificant number, in my view. CHAIRMAN BRUET: Yeah, mine also. COMMISSIONER DAVIS: I'd like to ask a question. I agree -- what you said before about dwelling units indicate -- you know, have the -- are part of factoring of how many trips there are, and that makes all the sense in the world. Where is reflected in your chart the idea that we're all creatures of convenience? And if I have a new Publix store that's right on the road going to where I normally go to Publix, you know, Page 63 October 1, 1998 I'm pretty much going to pull in the new one because it's a whole lot closer. MR. JONES: Correct. COMMISSIONER DAVIS: How's that reflected in here? I can appreciate the -- you know, the trips are still the same, but common sense tells you some of them are definitely going to be shorter. MR. JONES: Yeah, it's not reflected in there. You know, it goes back to the comment I made, every trip that crosses the driveway into the new use was making a trip somewhere else yesterday. And it would be possible to, you know, create uses that would lower the total vehicle miles of travel if they gave some travelers the opportunity to make a shorter trip, that's true. COMMISSIONER DAVIS: Okay. MR. JONES: I would -- that would -- you know, I think that would lead to an argument against larger scale commercial development, which would have a tendency to, you know, sort of draw the life out of the scattered and smaller commercial developments that's made it possible to make shorter trips the day before. If a large-scale, you know, retailer opens up and through the attractiveness of their prices draws business away from the smaller retailers, who then -- whose businesses fail? The total number of trips again has not changed, but the destination has changed and the trip lengths have gotten longer, because the nearby retailer is no longer in existence. COMMISSIONER DAVIS: But I think that's just the point of neighborhood commercial that, you know, I drive over to the convenience of the Vineyards Shopping Center to boy groceries, hit the drug store and fill the car up with gas. Well, no, I take that back, I do that in town, it's a lot cheaper. But then when I -- Curt Ashley's not around. But when I need to buy a new television set and I want to go look at computers, you know, that's Carillon. That's the more regional type use. So I think that's just the point, of rather than me going to the Publix at Pine Ridge Crossings and driving right by the Publix in my neighborhood, you know, that's the sense of it all. I agree with you that it's got to be in scale, because if it isn't, you can't survive because of the price competition and those sorts of things. Although, convenience stores, the 7-Elevens, are a great example that we in America will pay a lot for convenience. COMMISSIONER WRAGE: I disagree with both staff and the petitioner. In my neighborhood, I've noticed the closer grocery stores get, the more trips there are. They're not as far, but they're making more trips. COMMISSIONER PRIDDY: When you live where I do, you plan well. You don't -- COMMISSIONER WP, AGE: See, I used to live there, and I understand that. CHAIRMAN BRUET: Any other questions of staff? Thank you. COMMISSIONER DAVIS: That's a good point, though. CHAIRMAN BRUET: Does the staff care to make any additional Page 64 October 1, 1998 comments or -- MS. TAYLOR: Just some clarifications. In the nature of -- excuse me, Amy Taylor, for the record. In the nature of what the county did as far as an analysis of the commercial market study that the petitioner prepared, we essentially were basing our analysis on the county 1997 commercial inventory. It is an inventory, it's not an analysis or study. What we did in our process of comparing apples to apples, however, with the petitioner was to take their two-mile defined area, market area, and gather up all the informa -- all the -- or identify all of the retail properties within that area. We further narrowed it down to try to come as close to their definition as possible of what type of retail they were planning on putting in there, this neighborhood type of commercial. When we did that, our numbers came very close to what they had initially produced. A~d by the way, the response -- their second response to our staff report we've just received this morning, so we'll be sure to take that into account and review that before we go to the board. But getting back to my original point, we did come up with very similar nurabers. I think theirs was an inventory of 1.5 million, we came up with a number of 1.63 million, to be exact. But in the case of this evaluation is the comprehensive plan amendment. Wq~at we considered -- we decided to consider the whole, the regional, the -- what they had excluded, the gas stations, the standalone restaurants, even the individual tenants. Because from a future perspective, from a macro perspective, these could all potentially eventually become, you know, down the road neighborhood commercial centers, possibly. I mean, not in any way in the near future, but from a future land use perspective, we needed to take that into consideration. And again, the site could be developed with a gas station, with a standalone restaurant, fast food restaurant, so we felt like those should be included, too. And as far as the Carillon issue, the only thing that I felt was significant and what I raised was the extent of the square footage of the individual tenant. 65,000 square feet is quite a large grocery store. It's -- I would imagine it's one of the largest, and to give you a comparison of what that could be on that side, and indicating that it's neighborhood commercial, and, as a matter of fact, there are no different links to any neighborhoods so that people would have to get into their cars to drive there, so you wouldn't actually be reducing any car trips. So -- and I don't think I have any more comments on Mr. Perry's analysis. I believe Mr. Jones took care of that. And if I can answer any questions, I'd be happy to. COMMISSIONER PRIDDY: I have a question maybe for Mr. Anderson. What is the largest retail unit that you need in this project? Is it 65,000 square feet or is it 50? MR. ANDERSON: We were just discussing that very question, Page 65 October 1, 1998 because our earlier research was that the 65 was the magic number. And in between now and when it goes to the board, we're going to ask Mr. Stokes to take a closer look at that. COMMISSIONER PRIDDY: Thank you. MR. ANDERSON: Thank you. COMMISSIONER WRAGE: Did that answer your question? COMMISSIONER PRIDDY: No, but -- CHAIRMAN BRUET: No, but that's what a good attorney does. MR. ANDERSON: What's that? Well, right now 65, yeah. COMMISSIONER PRIDDY: Okay. MR. ANDERSON: And I'm telling you that we're going to take another look at it. COMMISSIONER PRIDDY: And if it can be lower, you'll concede that at the next step? MR. ANDERSON: Yes, sir. Yes, sir. COMMISSIONER PRIDDY: Thank you. CHAIRMAN BRUET: Thank you. Ms. Tragesser? COMMISSIONER TRAGESSER: Thank you. Continuing with that thought, you know, one can appreciate the value of having neighborhood commercial in that particular area. Right now, Goodlette Road moves very well when -- from the standpoint of being a relief for Airport and U.S. 41. To put any kind of commercial generator, if you will, on that land use area would take away from the value that Goodlette offers at this time. And if you -- let's say you take 60 for a good sized superraarket, Publix, whatever, then that leaves you the 65. Is there any -- if you identify that you're going to use this for a residential neighborhood retail, are there defined categories of commercial that would be exclusive to that designation? In other words, have we gone to the degree that we are defining those? Like what if you took -- you put a Publix and a Bed, Bath and Beyond there? I mean, I guess that's my question. That's what we would not want to see there, speaking, you know, as a person in the public. That's a question, I think. MR. VARNADOE: George Varnadoe, for the record. Ms. Tragesser, let me try to address that. I probably do more in the field than some of these other people do. The 65,000 square feet is aimed right squarely at a grocery store. And yes, they build some that are smaller and yes, they build some that are larger. But the tendency that the developers that do shopping centers that I deal with is that they all are wanting the larger and larger grocery stores. That's what Publix and Winn Dixie and Albertson's are all aiming at is that all-inclusive mixture. You know, you go in there and they've got a pharmacy, they've got a bakery, they've got the fresh seafood. They're going to -- they're trying to keep you in that store as opposed to going next door to the drug store anymore or going to the local seafood market. The -- a Bed, Bath and Beyond would be characterized as a Page 66 October 1, 1998 regional use under the mixture that we're talking about here today, as a Circuit City, as a Wal-Mart, as a Lowe's, a Home Depot. That's not the type of uses we're trying to generate here. That's as close as I come to answering your question. I can -- COMMISSIONER TRAGESSER: So in anyone's mind, if they were -- if you came in and you're proposing this as a neighborhood -- you're categorizing this project with a particular tenant mix, defined by most people's understanding of that, and you've recognized that something that would be of a regional nature would be an inappropriate use for that? MR. VARNADOE: Yes, but I think that we've got to be very careful here that we don't get beyond the Growth Management Plan at this point in time. We're not in here rezoning and saying this is what we're proposing, we're in here with a Growth Management Plan amendment. And that's why it tickles me when we start talking about should it be 125,000 or 175,000 and what are the traffic impacts. By the time you get in here with a PUD, the traffic mix will have changed and the definitive uses will be proposed and you'll have a much better sense of what it is. And I think that's the time to n~ke sure that we don't get the kind of uses in there that you think are inappropriate on this site. And you do that through the laundry list, as you know from your SIC code, and the deletions and additions to that. And I think one thing that you need to look at, and I tend to be probably a little more practical than your planning staff. And I don't mean that as a slam at them, but I look at it from a more of a theoretical this is the big picture. When I look right up and down Pine Ridge Road, I can only think of one office that's there. That's a veterinarian office, and he's trying to sell that. I mean, I'm sorry, it's a retail street. And I think that's what they've tried to accommodate is putting retail on Pine Ridge and then the office more on Goodlette to preserve the kind of transportation things you're worried about. But I would suggest to you, without trying to evade the question, we have it in the language, it does say neighborhood commercial. I do think we have a standard there to hold the applicant to when he comes back in for his zoning and say I think this particular use is or is not appropriate in that location. COMMISSIONER TRAGESSER: Thank you. CHAIRMAN BRUET: Thank you, George. What's the pleasure of the board? COMMISSIONER BUDD: I'll just make a general comment. And I almost hate to say that I agree with Mr. Varnadoe -- could be I'm slipping here -- but it seems to me that this is a land use issue and we're trying to look at things in a very large perspective. And it seems to me the analysis we're doing, we really need to keep on going and decide what color signs we're going to put out front and, you know, what size shoes we're going to put in these stores. We need to back up. And I'm in complete favor of the petitioner's request. Page 67 October 1, 1998 COMMISSIONER PRIDDY: I, too, would support the petitioner's request. CHAIRMAN BRUET: Fine tune it during the process. COM~ISSIONER BUDD: Absolutely. COMMISSIONER WP, AGE: I'm in support of it. COMMISSIONER URBANIK: Yeah, I like the neighborhood idea of shopping. COMMISSIONER DAVIS: Terri brought up the point, and it's a good point. The assurances is right -- I think right in the staff report, their application. It very definitely talks about neighborhood uses and convenient to the surrounding neighborhoods. So at that future point, that's the marching order, you know. Don't talk about a Bed, Bath and Beyond, because that's regional. You know, we drive from all over the county to get there. The one on the trail is better, actually. So I support the -- I support it as presented by the petitioner. CHAIRMAN BRUET: You want to take a general roll call, straw vote, or just leave it at that? COMMISSIONER PRIDDY: That was it. COMMISSIONER WRAGE: That was it. CHAIR/MAN BRUET: Support of this board -- COMMISSIONER PRIDDY: Yes. CHAIRMkN BRUET: -- to the petitioner. COMMISSIONER PRIDDY: Yes. CHAIRMAN BRUET: Thank you. COMMISSIONER PRIDDY: Mr. Chairman, I need to excuse myself for about five minutes to make a phone call. CHAIRMAN BRUET: We still have a quorum, right? We'll hear the final issue. COMMISSIONER DAVIS: While everybody is coming up, Mr. Chairman, on this issue, I've provided copies that were sent to me, as the chairman, of a letter from the Golden Gate Civic Association, and then some additional letters of positions by apparently surrounding property owners and people that live in that general area of the county about their thoughts on this particular item before us. And also, in the way of disclosure, I attended the Golden Gate Estates Area Civic Association meeting September 16th. I was the speaker that night, and was able to hear all about this project, or at least in that forum to the residents there. CHAIRMAN BRUET: Very good. Thank you, Mr. Davis. The staff wishes to discuss petition CP-98-03. MS. MOSCA: Good afternoon. For the record Michelle Mosca, planning services staff. The comprehensive plan amendment 98-3 proposes to amend the Golden Gate Area Master Plan by expanding the neighborhood center at the -- at County Road 951 and Pine Ridge Road to include approximately five and a quarter acres at the northeast intersection of White Boulevard and Pine Ridge Road, specifically tract 150. This is located here. This expansion will allow the full array of conditional uses Page 68 October 1, 1998 described in the Estates' designation. Staff analyzed the subject site as a conditional use and concluded the following: Based on the need for additional conditional uses in the area, staff identified over 100 acres designated as conditional use sites in the Estates area; six acres on the opposite side of County Road 951, designated for conditional uses as well. And finally, within a five-mile radius, over 900 acres are available for potential conditional use sites. Therefore, a need does not exist at this location, staff has determined. Second, staff looked at traffic impact and determined that the conditional use at the subject site would not decrease the level of service standard. However, the -- however, an increase in traffic will be noticed in this area. Finally, due to access constraints to the property, this site may have the potential to cause stacking problems at the intersection of White Boulevard and County Road 951, if ingress points were allowed from White Boulevard to the subject site. Finally, staff looked at the subject site to determine whether a residential dwelling unit or units would be viable at this location. After reviewing an analysis from noise studies and traffic counts, staff has concluded that the subject site is suitable for residential development. Therefore, staff recommends that the Planning Commission forward petition 98-3 to the Board of County Commissioners with a reco~endation not to transmit to the Florida Department of Community Affairs. However, should the Planning Commission recommend transmittal, staff recommends the following text changes. And these are the items G and H. G would be to maintain the 75-foot landscape buffer, and H, allow ingress points only from Weber Boulevard. Thank you. COM~4ISSIONER DAVIS: Only from Weber Boulevard? MS. MOSCA: Yes. That runs adjacent to the property, tract 150. That would be on the east side, right where this -- right where the red boundary is. COMMISSIONER DAVIS: Right. CHAIPdW3kN BRUET: Any other questions of staff? Petitioner? MR. BOTNER: Yes, sir. Thank you, Mr. Chairman and members of the Planning Commission. My name is George Botner. I represent the petitioner, Fir. Hy Bershad and Anita Bershad. We have a three-part -- and we'll try to keep it brief -- presentation for you this morning. Michael Volpe, our counsel on the project, will give a general framework for the legal subject matter related to this land use petition. I will talk then about the technical planning aspects of the petition, and finally, we'll ask Mr. Bershad himself to address the personal issues. So with that, I will be shortly with Michael Volpe. MR. VOLPE: Good morning, Mr. Chairman, members of the board. For the record, my name is Michael Volpe of the law firm of Treiser, Kobza and Volpe. As Mr. Botner indicated, we are here this morning Page 69 October 1, 1998 representing Mr. and Mrs. Hy Bershad, who are the owners of the five-acre parcel of land which is located on the northeast corner of the intersection of County Road 951 and White Boulevard. I'm sure that all of the members of the board are familiar with that location, but let me just highlight a few points about that particular intersection. Of course, White Boulevard is the extension of Pine RidGe Road and runs east of 951. It is a fully signalized intersection. At that particular intersection, on the west side of 951, on your Golden Gate Master Plan, there are nodes on both the northwest corner and on the southwest corner which are designated as neighborhood center subdistricts, which allow certain types of commercial uses and conditional uses. That's on the west side of 951. The subject parcel is currently designated as estates on your future land use map. We were here last year and on behalf of the same petitioners. We requested an amendment to the Golden Gate Master Plan to include this particular parcel of land within the commercial -- within the commercial designation under the neighborhood center subdistrict. And we did receive the recommendation of approval from the Planning Commission. In the intervening period of time, between your recommendation that it be transmitted to DCA and the time when we were to appear before the Board of County Commissioners, we had occasion to review what uses would be appropriate and we also had an opportunity to speak with some of the residents in the area. As a result, the petitioner voluntarily withdrew his petition at that time. And we came back in the intervening period of time believing that we would be better prepared, as we are today, to make a request. In this instance, the request specifically is to amend the Golden Gate Master Plan to include this five-acre parcel and this five-acre parcel only, within the designation of our neighborhood center subdistrict, but limiting the use to which this particular parcel would be put to the conditional use of an assisted livinG facility; not a commercial use in the C-3 category, which is otherwise permitted as appropriate within that. So it is that specific conditional use which we envision as being compatible with the surrounding area, particularly east of 951. Just a couple of other quick points, and that is that in this intervening period of time, not only have we had a chance to better assess, we believe, an appropriate use for this particular parcel, but as well, in the intervening period of time the county has engaged in negotiations which I can represent to you in all likelihood will either under the power of eminent domain or by a voluntary sale result in the county acquiring .38 acres of this parcel for the specific purpose of expanding the White Boulevard/County Road 951 intersection. The county will be adding two turn lanes, a bike lane and drainage. The result of that takinG will be to render this particular parcel unable to be used for residential purposes without obtaining Page 70 October 1, 1998 three variances from the county. It will reduce the required number of acreage under the Golden Gate plan. Staff had alluded to the fact that one of the issues had to do with some traffic loading at that particular intersection, and I think what I've attempted to point out is that the county itself has begun to address that specific issue. As you'll hear from Mr. Botner, the question really is the question of the suitability of this particular five-acre parcel of land located at a major intersection on a four-lane divided highway for residential development. I would only make one further point and that is that under the estates designation, there are certain types of nonresidential uses which have been stated to be consistent with the goals, objectives and the policies of the Golden Gate Area Master Plan. And one of those is group housing, which includes an assisted living facility. So it's the residential character of that particular conditional use which we believe would be entirely consistent and compatible with the surrounding areas. I'm available, if there are any questions specifically as it relates to the facts that I've related to the board. Otherwise, if not, let me introduce -- or bring up Mr. Botner. MR. BOTNER: Thanks, Michael. Again, for the record, George Botner. The first part of my presentation remarks relate specifically in reaction to some of the comments that you've heard from staff. Incidentally, I think we've had a very interesting relationship with staff. I don't think there have been any causes for objection beyond the merits of the staff ultimate recommendations. And to that end, I would like to suggest to you that as to the overall traffic concerns that our petition has, we'd like to point out again that the level of service on White Boulevard, which is our existing primary frontage road, operates at existing level of service B. At the conclusion of the potential development for that property as an ACLF, it would continue to remain well within the confines of level of service B. So there is no additional traffic impact regarding the level of service on White Boulevard; albeit a few more trips are ascribed to the project as a result of going from a very low density single-family residential use to a very low impactive multi-family residential use. Secondly, as to traffic, our site is located -- the closest ACLF that I know of to this property is the Canterbury House at the Vineyards. Of the 75 rooms at the Vineyards, 50 are currently occupied. And of those 50 occupants, only one has a car. And we would hope that that would demonstrate to you that as it relates to multi-family residential traffic impacts, this particular type of residential would be very low in transportation impacts. We'd also like to point out relative to transportation that many estates' residential properties operate as home base for various types of business activities, cottage businesses, if you will, lawn care Page 71 October 1, 1998 services, painting and electrical contracting services, which would also suggest to you that the use from the standpoint of residential transportation ii,pacts is probably higher in fact than you might normally ascribe to a single-family residential district of this low intensity. The second point that we want to mention relative to staff's concerns relates to the need for an ACLF at this site. . We do concur with staff that there are many 9dditional acreages avail.able that could conceivably be used for conditional use adjacent to this site. And while Mr. Volpe puts up the two graphics, let me suggest to you that our site has a number of positive attributes that we feel make it far more superior to use for the ACLF consideration that we have. First of all, we feel like -- and let me just go to the maps. This first graphic that I want to show you shows 1-75, the dark black line here. Immokalee Road, the top tan line. Golden Gate Boulevard, this line. Our site, located here, on 951 and White Boulevard, which, as you know, turns into Pine Ridge Road. The other large dot that you see is the location of the Cleveland Clinic. Our site's located here. There are a number of other conditional use sites that would require no action relative to a comp. plan amendment that currently exists in what we feel is our direct market area, the area of the Estates located east of County Road 951. You see our site here. Represented in the red squares are the other sites that already exist that can be used for conditional uses. We would suggest that relative to those other potential site uses that our site has better access, better proximity to health care as it relates to its proximity. Only two miles away from the Cleveland Clinic site, better visibility, both to and from the site. From the site in the sense that one of the -- the primary forms of recreation of people who live in adult congregate care facilities is sitting on the porch, essentially watching the world go by. They'll have plenty of world to watch go by at this intersection, given the traffic impacts. And we'd also like to suggest to you that this site location, in comparison to the others that already exist, would have far less impact to estates residential. It simply sits at a place where it is less surrounded by existing residential. A third point that staff had a concern about when they reviewed this petition was the suitability of this piece of property, this five acres, now 4.11 acres of property, for estates residential, and the character and quality and tranquility of lifestyle that one ascribes to in estates type of residential lifestyle. First point is that we do not have a five-acre site available. Once the county takes the .38 acres that Mr. Volpe alluded to, we fall to an overall property size of 4.11 acres. It cannot without variance be used for residential at sizes less than that 4.11 acres, as you would no~mally be able to do throughout the estates; thus subdividing a five-acre lot into two two-and-a-quarter acre lots would require Page 72 October 1, 1998 several variances for us to be able to do that, which is not an imposition that is enjoyed by any of the other estates' lots, to be able to do the same thing. We are also surrounded by transportation on three sides: 951, White Boulevard and Weber Boulevard. We only have one interface with existing single-family residential, and that's the lot to the north. Also, please reconsider a point that Mr. Volpe made, that we are at the corner of a major four-way signalized intersection that is busy now and is projected to get only busier in the future. And then finally, and perhaps our biggest concern, is the result that noise impacts to this property as a result of the proximity to the transportation network that surrounds it. Staff had a consultant, an acoustical consultant, do some research on this property and measured some 65 and a half decibels of sound at the property and felt that that was within the confines of normal sound transmissions for residential use, citing the Federal Highway Administration standards for residential sound. We don't want to go into the quality of that particular source of a residential sound standard. We chose to use what we felt was by far the more credible resource, and that is the standard provided by the Southern Building Code Congress International that in their 1994 report said that single-family residential of any size, regardless of whether it's on quarter acre lots, you know, five to the acre or whatever, that the sound decibel level should be no higher than 60 decibels. So we have a 5.5 decibel differential between the standard that is more appropriately cited and the existing conditions on the site. And if you know anything about sound, every point and decibel that increases up or down the scale occurs as a logarithmic increase. So five and a half decibels is a big deal. We analyzed, at staff's request, several potential opportunities to barrier ourselves away from that sound. And I'm a landscape architect, we deal with sound barrier conditions all the time. And as we looked at this to separate ourselves from sound emanating onto the site from 951 and White Boulevard would require a combination of berm and wall or berm that was high enough to essentially shield the property from sound from passing truck traffic. To be able to do that effectively -- and this is in your report -- would require buffers that cost in the hundreds of thousands of dollars to do. It is simply not an economically feasible alternative. And finally, as it relates to our concerns for suitability, or lack thereof, of this site for use for residential, staff indicated that Weber Boulevard was perhaps an insignificant consideration. We suggest to you the following: When county transportation widens this intersection to add two more lanes in front of our client's property, the reason for that is to divert traffic from Golden Gate Boulevard, which, as you know, will shortly go into construction to alleviate some of that congestion down Weber Boulevard and other points even more easterly of us onto White Boulevard through our intersection. Page 73 16G October 1, 1998 We submit to you that the impacts on Weber Boulevard are not an insignificant factor. And further to that, Weber Boulevard is one of the few north-south routes that exist now and will probably be expanded in the future to accommodate the future growth in that area of the estates for north-south traffic, trying to get away from having to use County Road 951o And then I guess really there is a final concern relative to suitability, and it's ask yourself the question: Would you, if you wanted to move to the Estates, live on this corner? Is this where you would spend your money to go live in a five-acre estate lot? We suggest that your answer would be no. And the reason we suggest that is that of all of those lots that front 951 up and down 951, that first tier of lots, only 10 percent are currently used for residential purposes. And the reason is very simple. It's not a great place to live in the Estates. And it's a bigger issue that needs to be resolved beyond the confines of this petition. We are going to have to deal with some sort of transitional use that can separate the Estates area, the legitimate Estates lifestyle component of the Estates from the ever-growing transportation requirements and burdens placed upon those lots from 951. And the last issue that staff brought up that we feel like we have to address is the point regarding a future study to be conducted by the MPO. We know that the MPO has funded such a study to deal with an assessment of the traffic concerns and impacts in the Estates area, and we logged that study. We and probably staff would recognize and agree that that study will show exactly what we've been telling you this morning, that transportation is going to increase in intensity, and that these nodes, like this one, these major intersections, are going to be increasingly impacted over time. But we don't want to hold this project hostage waiting for the results that we already know what the outcomes are going to be to make a decision about an obvious land use conflict. Some final comments, if I may, and then I'll turn the podium over to Mr. Bershad. We feel that an ACLF would do well here, and we thought long and hard about the best kind of alternative use that might be out there that could ameliorate the concerns of Estates residents for protection of their lifestyle, but yet not cause a consideration of this site which is not actually a very good Estates residential property that is currently burdened by that designation. The ACLF was the least impactive of all the conditional uses, and we have asked specifically for an ACLF as a type of conditional use. And we thought about the other types of potential conditional uses, and all of those that we considered were more impactive: A church, a day care center, fraternal organizations and the like. Other kinds of educational facilities and health care facilities are included. An ACLF is residential, it is not commercial. We have to make sure that that's very clear in everybody's mind. Last year you Page 74 October 1, 1998 allowed us to go forward with your recommendation with the possibility of commercial use. We've turned our attention in other directions into the residential mode, into the least impactive forum that can operate as a reasonable transition between the transportation impacts and the rest of the Estates. And finally, this use does not disrupt the tranquility of the Estates, and why that can be a concern is beyond me, when you look at this graphic over here and you look at the red dots that could conceivably be impactive to a legitimate form of estates residential lifestyle versus this site. In short, we're proposing the least impactive use as an alternative to the only one that's allowed now. That is the sum total of our comments relative to the staff report. However, there are three staff recommendations in their report that we need to draw reference to because we have concerns with two of the three. If you can look at your findings and conclusions under staff recommendations, page -- CHAIRMAN BRUET: Seven. ~R. BOTNER: -- seven. We have -- we have a concern for staff recommendation number one where we had asked for a 25-foot side yard setback, which is allowed in the Estates area now, that it not have the same setback that is required for commercial uses adjacent to estates residential. And the reason is, is if you look at the diagram that we've prepared for this site, as a potential way to develop this property for the ACLF that we are talking about -- and I'll go back over to show you what the impact of a 75-foot side yard setback would be. This is 75 feet from the north adjacent residential property line. You can see what happens to this site, you know, if you require that kind of a setback. This is the 25-foot side yard setback, in the scheme, of course, which, granted, is not warranted that it would absolutely be the way the property is ultimately developed if it were to be developed as an ACLF. But this is the potential character that could be developed, a very residential, low-scale feeling kind of character for the site. So we feel that that 75-foot setback on the north side is extremely detrimental to the use of this property for anything other than a single-family detached residential unit. So we would respectfully request that our original request -- and I'll have to read this for you, because there's a strike-through related to a request that you are not being asked to consider. When this petition was originally submitted, it was submitted along with some other properties adjacent to it which have fallen by the wayside and are no longer part of this petition, so we're only talking about tract 150, which is this five-acre -- 4.11-acre parcel. We would like to allow that the 25-foot side yard setback be reinstituted in here due to the result of previous and future right-of-way dedications. Item number two, that driveways from adjacent parcels should line up. We don't have a problem with that. We think that that's going to Page 75 October 1, 1998 happen in any case. And the third -- you'll have to flip over to the next page. The third concern, ingress points for parcel 150, that's our parcel, shall be limited to Weber Boulevard. We would request that -- and we can structure any kind of language that you would be comfortable with, but we would like to see some limited access to White Boulevard for right in, right out only, but that the main entrance would be limited to the Weber Boulevard frontage. So with that, if anyone has any questions of my comments, I'd be happy to address them now, or I can come back after Mr. Bershad. Yes, sir7 CHAIRMAN BRUET: Mr. Priddy? COMMISSIONER PRIDDY: George, I know you want 25, and it's obvious that 75 is probably pretty detrimental there. Is there something in between there that you all can live with, 35 or 40? Does that -- HR. BOTNER: Well, in fact, if we built this particular scheme, we could get by with 45 feet. COMMISSIONER PRIDDY: Okay, thank you. CHAIRMAN BRUET: Any other questions. MR. BOTNER: Mr. Bershad? HR. BERSHAD: Okay, for the record, my name is Hy Bershad, and I want to thank you all for being so patient. If you're anything like me, you're starting to think about lunch at this time, so I'll only take a few minutes of your time. My -- I have a son and a daughter, each of whom are homeowners within the Estates and neither of whom could be here today. But I know that I speak for them when I say that I trust that the commission will give serious consideration to our petition. When my wife and I bought this five acres about 20 years ago, both Pine Ridge and County Road 951 were two-lane highways and I think probably all four corners were zoned the same way, all of them zoned for residential use. Today we see that the situation has changed dramatically, and where once we thought that we might build a home for our retirement, we found out that that really wasn't suitable for that kind of a use. On the west side, on the west two quadrants of this intersection, this major intersection, there's commercial zoning. And directly south of us, we have the model homes from All-American Homes. We are the only quadrant, the only quadrant in that intersection where the county seems to insist that there be a one-family home, and we don't think that that's a fair, reasonable or practical use for that particular piece of land. The second thing is that we did think about a potential use, a proper potential use for that particular property, and we did think that with assisted care living, that thai might have some very, very good potential because of the fact that it's a major intersection, easy to get to. It's about two miles away from the Cleveland Clinic, just a little bit more than that to 1-75, and it's right on the fringe of the Estates development. Right on the fringe. It's not in the Page 76 October 1, 1998 heart of it. It can maintain the same quality of life that people in the Estates have come to ask for. It can provide the growing senior citizen population that we have here with an opportunity to have assisted care living for those people who need to have some help in managing their lives with dignity and care, and we think that this is a good and suitable use for this particular area. And I thank you all and I would appreciate your consideration. Thank you. MS. MOSCA: If I may, I'd like to address some of Mr. Botner's concerns, if that's okay? CHAIRM3%N BRUET: Certainly. MS. MOSCA: I did want to mention again that there are six acres available on the opposite side of 951. This is the location here. And those are designated conditional use sites. Further, I don't want to argue the size of the parcel that's in question. According to the property appraiser records, it's approximately five and a quarter acres, which would not render this site not suitable for residential. Even if you were to split it, you could still do that. Further, there is a 100-foot canal in between this parcel and 951. I'd like to make that clear as well. And the sound study was conducted during peak hours, and that's why there is a decibel reading of 65. And that was done right from the canal. So there is an additional 60-foot easement, as well as a 30-foot required buffer, which would give them an additional 90 feet. It would be a viable location, again, for residential dwelling units. And that's all I have. Thank you. MR. BOTNER: Can I rebut the rebuttal? CHAIRMAN BRUET: Yeah, make it quick, George. I think you're winning this and I wouldn't want to see you lose it. MIR. BOTNER: I'm not going to let you. Believe me, I'm not going to let you. It does fall beneath the requirements for lot width for a two and a quarter acre sized lot. It's 150 feet, and we're less than 150 feet if we subdivide it. And the access becomes horrendous off of Weber Boulevard for the two narrow lots like that. Sound transmits better across water than just about any land form that we can come up with, so the canal doesn't help us at all mitigate the impact of sound. It exacerbates the problem. But with that, like you say, I don't want to deter you from a proper decision. Thank you. CHAIRMAN BRUET: That was only my opinion, George. MR. BOTNER: Your opinion. It's a very good opinion, by the way. CHAIRMAN BRUET: Are there any other speakers? MR. NINO: I have a Ron Block. Is that you? MR. BLOCK: Yeah, that's me. Good afternoon, at this point, anyway. I took off today to be here to tell you why I think this should be approved for a zoning change, requested by Mr. Bershad. Page 77 October 1, 1998 I'm not an executive. If I was retired, I wouldn't really be here, I'd be sitting on a beach. So this is important to me. A lot of my friends would be here, but 9:00 to 5:00 is generally the time of working. Some of them said they would write letters, so please expect some letters from them. This corner is just not safe for a one-family house. Today the traffic is fierce. Then when GE gets going, as it is out in the Estates, it's going to get even worse. This is a major intersection, and I know I wouldn't -- I have four little girls, and I would not, and I repeat not, want my children playing anywhere around this place. I don't see why Mr. Bershad -- this place -- this cannot be allowed at this facility to be built there for our senior citizens. I do have relatives getting older. I'm getting older too. Ain't we all? And I'd like, if at all possible, for them to have a nice place to go to and I can come visit them and still stay in the Estates. I do live in the Estates and I think it would be convenient for me and for them. Thank you very much. CHAIRMAN BRUET: Thank you. Ron, any further speakers? MR. NINO: No. COM}4ISSIONER PRIDDY: If we're taking a straw poll, seeing that none of us nor none of the long-range planning wants to build a house on that lot, I'd be in favor of this motion, but I would suggest that we do limit the side yard setback to maybe 40 feet, in fairness to the residential lots to the north. CHAIRMAN BRUET: That's a good step. COMMISSIONER PRIDDY: And I can support a right in, right out on White. COMMISSIONER URBANIK: I think it's a good transitional use. CHAIRMAN BRUET: Mr. Davis, I notice you're squirming a little over there. COMMISSIONER DAVIS: Yeah, I'm foursquare against the change. It should stay as it is. There's -- I notice something interesting, and maybe staff can help me with this. It's part of the Petitioners' Exhibit 1. On the page where they're talking about the implementation section -- or excuse me, the Golden Gate Master Plan, there's where the first strike-throughs from 15 to 10 acres occurs. Apparently part of this comp. plan amendment includes removing, due to the presence of a 50-foot canal, subsequent expansion of -- I guess that's supposed to be County Road 951 -- which will significantly reduce the amount of developable property directly east of County Road 951. That's part of the Golden Gate Master Plan, right? Is that -- MS. MOSCA: It is presently. It's not in the new plan. COMMISSIONER DAVIS: I'm sorry? MS. MOSCA: It is presently. The text is presently how it stands in the existing plan. However, in the new plan adopted October, '97, it no longer exists, that language. Page 78 October 1, 1998 COMMISSIONER DAVIS: Okay. Ail right. That was my question. No, I'm not for it. I agree with staff's analysis. CHAIRMAN BRUET: Any further? COMMISSIONER WRAGE: No, I support it. CHAIRMAN BRUET: Ms. Tragesser? COMMISSIONER TRAGESSER: I kind of equate this project to a personal experience that I had up on Vanderbilt Drive. There's a Canterbury House up there that is of a similar type of use in a residential neighborhood on a corner. And that's worked very well, for both the residents of the facility and the surrounding neighborhood. Because it sits on the corner, you don't have the traffic impact going to and fro through the neighborhood. It remains, you know, right there by the arterial. I can't imagine anyone wanting to build a home on that corner, so I would support the motion. COMMISSIONER DAVIS: If I can interject. I know I'm on the short end of this one, but -- CHAIRMAN BRUET: We noticed that. COMMISSIONER DAVIS: -- I live on 18th Avenue Southwest, which dead ends into a canal, which you go across the canal to 1-75, which right now they're talking about six-laning. And a home is being built -- let's see, I'm the fifth lot up from the end of the street. There's a home being built on the third lot up from the end of the street. I mean, visually, you can see cars go by on 1-75. I'm just around 4,000 square feet under air. Beautiful home, Boyette Design group. I would imagine what, 90 to $100 a square foot? So that part I argue with, but then we're crazy, I ~uess. COMMISSIONER WRAGE: What's the point? COM~ISSIONER DAVIS: Well, it's just that people will build -- CHAIRMAN BRUET: Will build on odd lots. COMMISSIONER DAVIS: -- will build -- will build on odd lots. COMMISSIONER WRAGE: Okay. CHAIRMAN BRUET: But I guess I also am going to support the petitioner. And reducing the buffer, I think is probably adequate, too, to handle the issue. But I quess just long-range, when a board is here five years from now, Michael, I just -- I just think an ACL in that corner is probably better than what could happen in five years from now, gas station, God knows what. And I think if they're willing to lock in that use as a conditional use, I just kind of lean that way. You know, if it were a gas station, if it were something more intensive, I would not support it, but I think that is pretty compatible with your neighborhood. Just again, coming from this seat. COMMISSIONER DAVIS: Well, George made a very good point, I think, and it's something that long-range planning staff I hope heard, which is to go from where there's commercial on the east side of 951 across the road right into estates with no transition makes it -- you make a good point, George, that makes no sense at all. And hopefully we'll be looking at that in the future as development patterns change. COMMISSIONER PRIDDY: I, like Mike, see this as a fitting Page 79 16Gl October 1, 1998 transition, you know, into that, realizing that I certainly wouldn't want to build a home -- and I realize there are those that, if the lot's cheap enough, would be glad to build a home there, but -- COMMISSIONER WRAGE: Well, I guess if I owned the lot next door, I would much rather have this than any type of commercial. COMMISSIONER DAVIS: Well, that's true. CHAIRMAN BRUET: That's true. COMMISSION~K PRIDDY: Well, we beat up on Mr. Davis enough. COMMISSIONER DAVIS: Yeah, thank you. MS. MOSCA: Excuse me, just for clarification, is Mr. Botner locking into an ALF -- CHAIRMAN BRUET: Yeah, that's a good point. MS. MOSCA: -- conditional uses? CHAIPJtAN BRUET: Is that all we're approving? I guess that is the question. Good question. MR. BOTNER: Well, I was confused that -- at staff's initial visit on this petition suggesting that any conditional use would be allowed. That's not the basis of this petition. This petition is attempting to designate an ACLF conditional use. COMMISSIONER PRIDDY: That's -- CHAIRMAN BRUET: That's the way I was taking this, but you raised the question. I wanted -- that's what my thinking is. You -- MR. BOTNER: Because we looked at churches and day care -- CHAIRMAN BRUET: -- folks are here to talk about an ACLF only, and no other use, just an ACLF. If that's the case, then I certainly support it also. I guess it's the feeling of the'board that it should be moved forward for process -- for review by the DCA. MR. BOTNER: Thank you. COMMISSIONER PRIDDY: Six to one. CHAIRMAN BRUET: Six to one. COMMISSIONER DAVIS: That's all right. CHAIRMAN BRUET: With that -- MS. LAYNE: Mr. Chairman? CHAIRMAN BRUET: Yes. MS. LAYNE: We'll need a motion to -- we'll need you to close the public hearing, and then I'll need a final motion and second to forward these to the board. CHAIRMAN BRUET: Okay, I will make a motion to close the public hearing. COMMISSIONER PRIDDY: Second -- no, you just close the public hearing. CHAIRMAN BRUET: I just close it, okay. COMMISSION~K PRIDDY: We give you that authority. CHAIRMAN BRUET: Thank you very much. COMMISSIONER PRIDDY: And with that, I would move that we pass all of these along to the board. CHAIRMAN BRUET: Both petitions? Is there a second? COMMISSIONER WI{AGE: I would second that. CHAIRMAN BRUET: All in favor? Page 80 October 1, 1998 Opposed? (No response.) CHAIRMAN BRUET: Passes unanimously. COMMISSIONER WRAGE: Does staff!want any of these? CHAIRMAN BRUET: We still have Some business to finish up here. COMMISSIONER PRIDDY: Yeah, andlI have one other thing I'd like to bring up. CHAIRMAN BRUET: Under old business or new business? COMMISSIONER PRIDDY: New business. COMMISSIONER TRAGESSER: Mr. Chair, I have a new business, too. I'm sorry. CHAIRMAN BRUET: Excuse me? COMMISSIONER TRAGESSER: I have one quick new business as well. CHAIRMAN BRUET: New business. I think old business we took care of. Under new business, go ahead, board? COMMISSIONER PRIDDY: Go ahead. COMMISSIONER TRAGESSER: Mine will be quick. We talked about, today, the carports that our condo association wanted to add. And you see this quite, well, frequently. And what happens is when the project goes in, no carports, it's priced lower, and then the people get in, their condo association, and they decide they want carports. The problem is, they meet no architectural designs that would enhance, not takeaway from, the existing surrounding con=aunity. How about that we take a look at this and see if we can develop some design standards for post-development carports? CHAIRFJtN BRUET: Excellent idea. COMMISSIONER PRIDDY: Have you been spending time with Tim Hancock? CHAIRMAN BRUET: Excellent. Ron, can you take a look at that and see what's -- what could be done? MR. NINO: What comes to my mind is that we -- none of our architectural standards apply to residential properties. CHAIRMAN BRUET: But that's not to say you can't create a -- MR. NINO: And we don't have architectural standards relative to any form of residential development. COMMISSIONER PRIDDY: I think we'd be opening -- getting into -- going down a road we don't want to go down with that -- COMMISSIONER WRAGE: Don't that market -- I mean, the people that live there market -- kind of drive that? MR. NINO: But frankly, I thought you were going to broach the subject that we have the parking within what is usually considered to be the setback area. And we end up -- we end up with a situation where they decide they now want to cover the parking and that introduces the notion of a structure, which needs to comply with setback requirements. So I thought you were going to suggest that maybe parking lots meet the setback requirement. So that in the event they want to cover them, they don't have a variance problem and they just go straight to covering them. Page 81 October 1, 1998 COMMISSIONER TRAGESSER: Well -- so when a condominium association comes in for a project, and they do -- let's say they do include carports, we have no restrictions as far as those should be somehow similar in architectural style to the existing condo? MR. NINO: No, we don't. COMMISSIONER TRAGESSER: So they can put up anything they want, as long as it meets code? MR. NINO: As long as it meets the -- COMMISSIONER URBANIK: Ron? MR. NINO: Yes. COMMISSIONER URBANIK: Do we have any criteria for wind loads on those carports? CHAIRi~J~N BRUET: Yes. MR. NINO: Yes. CHAIR/4AN BRUET: Through the permitting process. MR. NINO: They need a building permit and they need to meet building code requirements. COMMISSIONER DAVIS: It's actually the ones that come in'for a variance that we can say we'd like them to look like the building. It's the rest -- COMMISSIONER TRAGESSER: So we can do that? COMMISSIONER DAVIS: Yeah. It's the rest that -- CHAIRMAN BRUET: Only under a variance. COMMISSIONER DAVIS: 0nly under a variance. CHAI~ BRUET: They could be part of their site plan and the building permit, but not build them until a later date. And we would never be involved, I believe, is Michael's point. COMMISSIONER DAVIS: Uh-huh. COMMISSIONER TRAGESSER: So we have more of an opportunity handling it the way we did today to influence the -- CHAIRMAN BRUET: You're exactly right. COMMISSIONER TRAGESSER: Okay. CHAIRMAN BRUET: That really, though, is the first one in my three years. I don't recall many of these. COMMISSIONER PRIDDY: Yeah, we had -- COMMISSIONER BUDD: We had the other half of this -- COMMISSIONER PRIDDY: We had the parking in the commercial. We've had two parking. CHAIRMAN BRUET: Oh, for the bank. COMMISSIONER PRIDDY: And for something on the east side of 41 and the Castello Drive area. CHAIRMAN BRUET: Yes. COMMISSIONER BUDD: Right. The new center. CHAIRMAN BRUET: That would be three this three years. So that's how often they have come up in the past. COMMISSIONER PRIDDY: Next thing I wanted to bring up, Mike, and this is going to be difficult. And I know we're just transitioning into this, but the public needing to sign up and us -- you know, we're going to need to tighten up as time goes on with not letting people get up and fill out a form on their way up. Page 82 October 1, 1998 CHAIR/W3%N BRUET: Yeah, where are we? We ask them to do that and about half of them do it and the others raise their sliD and come uD. How do we -- COMMISSIONER PRIDDY: Well, yeah, you know, I don't know, because it's -- we also hate to exclude the public that's taking their time to come to be here, and yet we've got, you know, this set of standards that we're supposed to be following. CHAIRMAN BRUET: I'm open to suggestions. And we'll implement a/~y of them. COMMISSIONER WRAGE: The only suggestion I've got, and maybe for the time being, that you reiterate that at the start of each petition, if you want to speak, you have to sig~n up, you need to stand up now. COMMISSIONER PRIDDY: Everyone that's here that wants to speak stand up, and then at this point you need to make sure you've turned in -- CHAIRMAN BRUET: A slip? COMMISSIONER PRIDDY: Yeah, maybe that's -- COMMISSIONER DAVIS: Well, that and as Gary said, reiterate it through the meeting every once in a while, because -- COM~4ISSIONER WRAGE: We'd have to do it -- COMMISSIONER DAVIS: -- people arrive later. COMMISSIONER WRAGE: -- every petition, possibly. MR. NINO: It may be comforting!for you to know that it also happens at the board. CHAIRMAN BRUET: I was just going to ask that question. It still happens the same way. And they don't exclude them, I assume? MR. NINO: No, they don't. CHAIRMAN BRUET: They don't tell them they have to sit down? MR. NIN0: No, they don't. CHAIRMAN BRUET: But they are a little more organized. COMMISSIONER PRIDDY: Yeah, the other thing, too, is rather than the chairman asking if there's anyone in the public, maybe if you would just look to Ron to see if there's anyone that signed up. COMMISSIONER DAVIS: Do we have any more speakers. COMMISSIONER PRIDDY: Yeah, do we have any more speakers might, you know, cut out a little of that, too. Just a suggestion. COMMISSIONER DAVIS: Assuming that they'll do what they were supposed to. CHAIRMAN BRUET: No, I aDpreciate it. Meeting is adjourned. There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 1:05 p.m. COLLIER COUNTY PLANNING COMMISSION Page 83 October 1, 1998 16G1 . MICHAEL BRUET, CHAIRMAN These minutes approved by the Board on as presented or as corrected TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC., BY CHERIE' R. LEONE, NOTARY PUBLIC Page 84 COL~ ENVIRONMENTAL ADVISORY BOARD AGENDA ~ovember 4, 1998:9:00 a.m. COMMISSION BOARDROOM, THIRD FLOOR--ADMINISTRATION BUILDINC I. ROLL CALL II. APPROVAL OF MINUTES - October 7. 1998 III. ADDENDA Norris Hancock Constantine Mac 'Kte Berr.y IV. CONSENT/ADMINISTRATIVE APPROVAL AGENDA All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separntely. V. REGULAR AGENDA A. Planned Unit Development No. PUD-98-9 "Glen Eden on the Bay PUD" B. Planned Unit Development Amendment No. PUD-98-13 "Collier Tract 21 PUD" Planned Unit Development No. PUD-98-15 "Mauriel PUD" Planned Unit Development No. PUD-98-16 "Cedar Hammock Golf& Country Club PUD" Commercial Excavation No. EX 59.664 "Jackie Weeks Homesite & Commercial Excavation" VI. OLD BUSINESS Misc. Corres: Date: ////,,_/q~3 Item~ Copies To: EAB/EPTAB Consolidation - Proposed EAC Amendment to the current EAB Code. September 16. 1998 preliminary dratt for review and comment. £AB Agenda ................................................................................................ November 4, 1998 Page 2 VII. NEW BUSINESS VIII. ADJOURNMENT IX. WORKSHOP NOTES: A. [Board MembersJ: Notify the PLANNING SERVICES DEPARTMENT (403- 2400) no later than 5 P.M. on October 29, 1998, if you cannot attend this meeting or if you have conflict and thus will abstain fi.om voting on a partlcular petition. B. [General Public]: Any person who decides to appeal a decision of this board will need a record of the proceedings pertaining thereto; and therefore may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon w~ch the appeal is to be based. MINUTES OF THE ENVIRONMENTAL ADVISORY BOARD DATE: TIME: PLACE: October 7, 1998 9:00 a.m. 3R~ Floor Boardroom, Administration Building, Collier County Government Center, Naples, Florida EAB Dejong X Foley X Hill X Hinchcliff X STAFFPRESENT Ashton X Burgeson X Cmowski X Kuck Lenberger X Mulhere Seal X MINUTES BY: Stephen Lenberger, Environmental Specialist li CALLED TO ORDER AT: 9:00 a.m. ADJOURNED AT: 10:30 a.m. PRESIDING: Paul Hinchcliff, Chairman APPROVAL OF MINUTES: Motion made by Mr. Foley, seconded by Mr. Hill and carried 4/0, to approve minutes of September 2, 1998. ADDENDA TO THE AGENDA: Election of Chairman and Vice Chairman Motion made by Mr. Hill, seconded by Mr. Hinchcliffto elect Mr. Foley as Chairman. Motion made by Mr. Foley, seconded by Ms. Deiong to elect Mr. HilI as Vice Chairman. The motions were carried 4/0 for approval. ITEM: PETITION NO: Regular Agenda - Item V.A. Planned Unit Development No. PUD 98-9 "Glen Eden on the Bay" Environmental Advisory Board Minutes ................................... October 7, 1998 Page 2 multi-family subdivision. REPRESENTED BY: Mark Minor, Q. Grady Minor & Associates, P.A. MOTION: Made by Mr. Hill, seconded by Ms. Deiong and failed 2/1, for an informal recommendation of approval of Planned Unit Development No. PUD-98-9 "Glen Eden on the Bay" with staff's stipulations. No official motion was made due to lack ora quorum. Mr. Foley abstained from the vote. Water~: A copy of SFWMD Permit or Early Work Permit xvith staff report is required prior to construction plan approval. An Excavation Permit will be required for the proposed lake(s) in accordance w/th Division 3.5 of Collier County Ordinance No. 92-73 and SFWMD rules. Environ..~.men tal: A. The following language shall be added to the PUD document under Section 6.9: All approved Agency (SFWMD, ACOE, FGFWFC) permits shall be submitted prior to any final development order approval (Plat/Construction Plan, SDP...). All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans and shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Buffers shall be provided in accordance with 3.2.8.4.7.3 CCLDC. Buffers shall be provided around wetlands, extending at least fifteen (15) feet landward from the edge of wetland preserves in all places and averaging twenty-five (25) feet from the landward edge of wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resources Permit Rules and be subject to review and approval by Current Planning Environmental Staff. 4 o An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Current Planning Environmental Review Staff for review and approval prior to final site plan/constructlon plan approval. A schedule 16G1 4 Env~ronmenta~ Advisory Bo,~rd Minutes .............................................. October 7, ! 998 Page 3 for exotic removal within all preservation areas, shall be submitted ~vith the above mentioned plan. Environmental permitting shall be in accordance with the state of Florida Environmental Resource Permit rules and be subject to review and approval by Current Planning Environmental Review Staff. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. A Gopher tortoise relocation/management plan shall be submitted for review and approval at the time of SDP or construction plan submittal. The approved language shall be added to the Site Development Plan or Construction plan. Off-site relocation may be required if the applicant cannot provide adequate habitat for on-site relocation. The PUD Master Plan shall be amended to rename the tract on the eastern property line. currently labeled as Enhanced Uplands. This area shall be designated as an Upland Preserve. If this area was not included in the native vegetation category of the Project summary, then the acreages in that chart shall be amended to include this tract. ITEM: PETITION NO: .REQUESTING: REPRESENTED BY: Regular Agenda - Item V.B. Planned Unit Development No. PUD-98-7 "Wyndham Park PUD" The proposed project includes 442 residential units, lakes and 3.3 acres of preserve Dave Underhill, Banks Engineering, Inc. MOTION: Made by Ms. Deioml, seconded by Mr. lq'ill and carded 4/0, to approve Planned Unit Development No. PUD-98-7 "Wyndam Park PUD" with staff's stipulations: Water Management: 1. The project must obtain a SFWMD surface water management permit Environmental: Add the following stipulations to section 4.8 of the PUD document. Environmental permitting shall be in accordance with the state of Florida Environmental Resource Permit rules and be subject to review and approval by Current Environmental Advisor' Board Minutes ............................................... October 7, 1998 Page 4 Planning Environmental Staff. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. All conservation areas shall be recorded on the plat with protective covenants per or similar to section 704.06 of the Florida statues. Conservation areas shall be dedicated on the plat to the project's homeowners' association or like entity for ownership and maintenance responsibilities and to Collier County with no responsibility for maintenance. Buffers shall be provided around wetlands, extending at least fifteen (15) feet landward from the edge of wetland preserves in all places and averaging twenty-five (25) feet from the landward edge of wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the state of Florida Environmental Resource Permit rules and be subject to review and approval by Current Planning Environmental Staff. An exotic vegetation removal, monitoring, and maintenance (exotic free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Current Planning Environmental Staff for review and approval prior to final site plan/construction plan approval. Amend legend note number 3 on the PUD master plan to read as follows by deleting the ztru'ck thrc'.-'gk !a.':g'.:'ag: and adding the underlined language: A minimum of 25 percent of the existing native vegetation [no less than 2.75 acres) shall be retained and its location shall be identified in th: :ar!i::: of the :::Sm!~"! for at the time of preliminary subdivision plat (PSP) or fo~ site development plan (SDP) ap. preval submittal. Delete the FLUCCS legend information from the PUD master plan. ITEM: PETITION NO: REQUESTING: REPRESENTED BY: Regular Agenda - Item V.C. Planned Unit Development No. PUD-84-11 (2) "The Vincentian PUD" A PUD containing a mixture of land uses for commercial and residential/group housing.. Grog Stuart, Stuart & Associates 1 Envirom'~en~l Advi$o~ Bo~d Minutes ............................................... October ?. 1998 Page S MOTION: Made by Ms. DeJong, seconded by Mr. tlinchcliff and carried 4/0, to approve Planned Unit Development No. PUD-84-11(2) "The Vinccntian PUD" with staff's stipulations: Water Management: 1. That the project be approved with the stipulation that a South Florida Water Management District permit be obtained prior to the approval of any development orders. Environmental: Delete section 6.8 (G) and 6.8 (H) from the PUD document. ITEM: Regular Agenda - Item V.D pETITION NO: Planned Unit Development Amendment No. PuD-g8-3 "Lely Lakes Golf Resort PUD" REQUESTING: A destination golf resort, featuring a hotel and conference facility, 36 hole golf course, and a mixture of semi-private, single family, and multi-,family residences not to exceed 749 unit& ~ED BY: Bruce A. Rankin, Wilson, Miller, Barton & Peek, Inc. Russell Danser, Phoenix Environmental Group, Inc. Martin Roessler, Ph.D., Phoenix Environmental Group, Inc. MOTION: Made by Mr. Hill, seconded by Mr, Hinchcliffand carried 4/0, to approve Planned Unit Development Amendment No. PUD-98-3 "Lely Lakea Golf Resort PUD" with amended stipulations: Water Management: 1. The petitioner will obtain all necessary permits from SFWMD, ACOE and FDEP. The petitioner will coordinate his design with any basin studies or drainage master plans prepared by Collier County and in effect at the time &design. Environmental Advisory Board Minutes ............................................... October 7, 1998 Page 6 Environmenta!: Amend section 2.3(A) of the PUD document as follows by adding the underlined language. Regulations for development of Lely Lakes Golf Resort shall be in accordance with the contents of this PUD Ordinance and applicable sections of the LDC (to the extent they are not inconsistent with this PUD Ordinance) and Growth Mana~;ement Plan which are in effect at thc time of issuance of any development order to which said regulations relate which authorizes the construction of improvements such as but not limited to Final Subdivision Plat, Final Site Development Plan, Excavation Permit and Preliminary Work Authorization. Where this PUD Ordinance, or subsequently adopted Community Design Guidelines and Standards, does not provide developmental standards, then the provisions of the specific section of the LDC that is other.vise applicable shall apply. Amend section 2.18 of the PUD document as follows by deleting the Pursuant to Policy 6.4.6 of the Conservation and Coastal Management Element of the Collier County Growth Management Plan, 25% of the viable naturally functioning native vegetation on site shall be retained. -m. cf,.he pLrD. Amend section 7.4 of the PUD document as follows by deleting the The developer will establish a non-exclusive easement over lands required to be preserved under Section 3.2.8.4.7.3 of the Land Development Code. The developer may also dedicate or sell all or some portion of this land to an entity whose responsibility is for continued preservation and maintenance. No-sefimc~ 4. Add the following stipulations to the PUD document. Environmental permitting shall be in accordance with Florida Statutes. Wetland buffers shall be provided in accordance with Army Corps of Engineers and South Florida Water Management District rules. Environmental Advisory Board Minutes ............................................... October 7, 1998 Page 7 An exotic vegetation removal, monitoring, and maintenance (exotic free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Current Planning Environmental Staff for review and approval prior to final site plan/construction plan approval. A schedule for exotic vegetation removal within all conservation/preservation areas shall be submitted with the above mentioned plan. Petitioner shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USFWS) and Florida Game and Fresh Water Fish Commission (FGFWFC) regarding potential impacts to protected wildlife species. Where protected species are observed on site, a Habitat Management Plan for those protected species shall be submitted to Current Planning Environmental Staff for review and approval prior to final site plan/construction plan approval. ITEM: PETITION NO: THIS ITEM Regular Agenda - Item V.E Planned Unit Development Amendment No. PUD-98-13 "Collier Tract 21 PUD" WAS CONTINUED BY THE PETITIONER ITEM: Regular Agenda - Item V.F. PETITION NO: Conditional Use Petition No. CU-98-17 "Golf Club of the Everglades" REQUESTING: A public golf course with club house, ACOE wetland preserve, and lakes. REPRESENTED BY: Dwight Nadeau, MeAnly Engineering and Design, Inc. Park Lewis, W. Dexter Bender & Associates, Inc. MOTION: Made by Ms. Deiong, seconded by Mr. Hill and carded 4/0, to approve Conditional Use Petition No. CU-98-17" Golf Club of the Everglades" with staff's stipulations: Environmental: Permits or letters of exemption from the U.S. Army Corps of Engineers (ACOE) and the South Florida Water Management District (SFWMD) shall be presented prior to final site plan/construction plan approval. Environmental Advisory Board Minutes ............................................... October 7, 1998 Page 8 An appropriate portion of native vegetation shall be retained on site as required section 3.9.5.5.4.CCLDC. An exotic vegetation removal, monitoring, and maintenance (exotic free) plan for the site, with emphasis on areas of retained native vegetation, shall be submitted to Current Planning Environmental Staff for review and approval prior to final site plan/construction plan approval. A schedule for exotic vegetation removal within all areas of retained native vegetation shall be submitted with the above mentioned plan. Petitioner shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USFWS) and Florida Game and Fresh Water Fish Commission (FGFWFC) regarding potential impacts to protected wildlife species. Where protected species occur on site, a Habitat Management Plan for those protected species shall be submitted to Current Planning Environmental Staff for review and approval prior to final site plan/construction plan approval. OLD BUSINESS EAB/EPTAB Consolidation -Proposed EAC Amendment to the current EAB Code. September 16, 1998 preliminary draft for review and comment. This discussion was continued by staff. COMMENTS: For a complete record of the proceedings reader is directed to the tape recording of this meeting, located in the Office of the Clerk to the Board, 5~' Floor, Building "F", Collier County, Government Complex. There being no further business, the meeting was adjourned by order of the Chair. Environmental Advisory Board Blair Foley, Chairman ,Mi~h:\EAB Fom~ Minutes of October 13, 1998 NOV 0 3 199~ SUMMARY OF RECOMMENDATIONS AND MOTIONS: Board of County Co~iisfoners 3. Minutes of the September 8~' meeting:; Bonner Bacon motioned to accept the minutes as presented; seconded by Sabina Musci and carded unanimously 5. LANDSCAPE ARCHITECT'S REPORT Mike recommended that the Thryallis and Indian Hawthorn should be treated with sequestrene iron on a quadedy basis; that the mulch be turned and pulled away from the base of the plants; larger shrubs need to be pruned. There are no irrigation problems and minimal t. urf problems. Mike suggested increasing the fertilization schedule if the current one is not enough. Norris Hancock Constantine .ac'z~e aerry Misc. Cortes: Date: /F~/~ Item~ Copies To: Agenda - November 10, 1998 7. 8. 9. 10. 11. 12. Meeting called to order Roll Call Approval of Minutes - Meeting of October 13, 1998 Landscape Maintenance Report - Chuck 8uckley Landscape Architect's Report - Mille McGee PW/D Report - Micah MassaquoiI Transportation Administration Services Report - Russ Muller Committee Members' Repons Old Business New Business Public Comments Adjournment Next Meeting: December 8, 1998, 4:00 p.m. @ Golden Gate Community Center Minutes of October 13, 1998 1. Meeting called to order at 4:12 p.m. at th? Golden Gate Community Center. 2. Roll Call: Present: Cheryle Newman, i Bonnet Bacon, Sabine Musci, Charles McMahon, Mark Houghton, members; Vel Prince, Russ Muller, and Sheila Convery, Transportation Landscape Services; Micah Massaquoi, Public Works Engineering Department; Mike McGee, McGee & Associates; Chuck Buckley, Commercial Land Maintenance, Jacqueline Silano, recording secretary. Minutes of the September 8~' meeting; Bonner Bacon motioned to accept the minutes as presented; seconded by Sabina Musci and carried unanimously. LANDSCAPE MAINTENANCE REPORT A. Chuck Buckley advised that several trees were wind-damaged due to Hurricane Georges: one on median 15, two mahoganies on median 12, and one tree on median 10. There was also vehicle damage to a tree on median 21. Chuck noted that an emergency services crew must have trimmed tree limbs on the Parkway as he saw evidence of chainsaw butting on limbs. He has compiled a list of trees that should be replaced. Chuck noted that although street sweeping was discussed, it was left out of the newest maintenance contract. In September, the street-sweeping subcontractor picked up 2.5 tons of debris, which is not a lot and could be handled by a blower. He also stated that 951 has considerable sand and grit and may require sweeping more than once a month. Chuck advised that his subcontractor. Strip Rite. has the capability of handling the heavy volume of debris on C.R. g51 and quoted a price of S900 per month for all the roads in the maintenance contract. Val Prince will check with Road and Bridge to see how often they sweep 951. Russ Muller advised that the contractor, Arazoza Brothers, may be responsible for the street sweeping during construction. Chuck requested the Road and Bridge mowing schedule for the arterial roadways within the MSTU. Val will obtain the information. LANDSCAPE ARCHITECTS REPORT Mike distributed copies of the September Quarterly Report. He met with Chuck Buckley and has made recommendations regarding replacement trees. He suggested that Live Oaks be used in the noses of the medians and Tabebuia trees in the centers. Val will obtain pricing for the replacements and advised that the County is in the process of getting bids for mulch. B. Mike recommended that the Thryallis and Indian Hawthorn shoUld be treated with sequestrene iron on a quarterly basis that the mulch be turned and pulled away from the base of the plants; larger shrubs need to be pruned. There are no irrigation problems and minimal~,turf problems. Mike suggested increasing the fedilization schedule if the curre,nt one is not enough. PUBLIC WORKS ENGINEERING DEPARTMENT REPORT A. Micah Massaquoi advised that the County Attorney is currently reviewing the contract for C.R. 951 and would soon be underway. B. Micah reported that the medians have been sprayed and turned in preparation of the construction. Val advised that the area would be sprayed again if necessary. TRANSPORTATION LANDSCAPE SERVICES REPORT A. Russ advised that the Bonness coi~tract did not include maintenance of traffic (cones, barricades, etc.) and will cost and additional $700. Copies of the Budget Status dated October 1998 were distributed and reviewed. Sheila advised that most of the carryover would go toward the new construction; $15690 under Other Contractual Services has been set aside to maintain the internal roadways. C. Val provided a summary sheet for Fund 104. Copies of a letter from Mike McGee were distributed and reviewed. The letter outlined Mike's Fixed Term Professional Landscape Architectural Services Contract #98-2777 in the amount of $13.500. 8. OLD BUSINESS Cheryle advised that she sent a letter to Fire Chief Person regarding the need for a light on the Parkway to control traffic when the fire engines exit the station. She has not received a reply yet. Russ will follow up with Traffic Operations regarding a traffic study. 9. NEW BUSINESS Sabina noted that she was notified that her term will be up shortly and she provided the requested information. Apparently there has been advertisements for two openings although no one intends to resign. Russ will check with Sue Filson. As there was no further business to discuss, the meeting was adjourned at 5:15 p.m. The next scheduled meeting will be he!d on November 10 1998 at 4:00 p.m. at the Golden Gate Community Center. COLLIER COUNTY GOVERNMENT. COMMUNITY DEVEI.OPMtiNT AND ENVIRONMENTA , SERVICES I)IVISION 2800 NORTII tlORSESHOE DRIVE NAPLES, FL 34104 October 28, 1998 Ms. Christina Eggers CLG Coordinator Bureau of Historic Preservation R.A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399-0250 RE: Collier Count)' Preservation Board Nleeting Dear Ms. Eggcrs: This letter is to inform you that the Collier County tfistoric and Archaeological l'rcservation Board will hold a public hearing on Friday, November 13, 1998. I have enclosed a copy of the Agenda for your review and records. If you have any questions regarding these meetings, please do not hesitate to contact me ,t. 941-40~-246J. Very truly )'ours, · /) , Ray Bellows Principal Planner (CLG Coordinator) }listori¢ PrcscrvationlR VBhb cc: Vincent A. Cautero Sde FJl~on" Ron Nino Ron Jamro Nancy Siemion Preservation Board Norris Hancock Constantine Mac'Kte ,.V/ /' 8err~ Misc. Corres: Date: Itemff Copies To: Building Rc'.icw & Pcrmi:tin;z Code Enforcement ttouslng &. Urban Impro,.'emem (941)403-2400 (941)403-2440 (941)403-2330 Planning Sec'ices Potlullon Control (941)732-2505 (941) 403-2306 (741)732.2502 I AGENDA COLLIER COUNTY HISTORICAL/ARCHAEOLOGICAL PRESERVATION BOARD WILL MEET AT 9:00 A.M., FRIDAY, NOVEMBER 13, 1998, IN THE COMMUNITY DEVELOPMENT DIVISION/Collier COUNTY GOVERNMENT, 2800 N. HORSESHOE DRIVE, MEETING ROOM "C" NAPLES FLORIDA: NOTE: ~NY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, ~ICH RECORD INCLUDES THE TESTIMONY A~;D EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE HAPB WILL BECOME A PERMA=NENT PART OF THE RECORD. THESE MATERIALS WILL BE AVAILAJBLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS. 1. ADDENDA TO THE AGENDA 2 APPROVAL OF MINUTES: October 16, 1998 3 PLANNING SERVICES DEPILRTMENT REPORT: · 4 OLD BUSINESS: A. Nehrling's Tropical Garden B. Roberts Ranch Update C. Preservation Board Web Page D. Tamiami Trail Scenic Highway Update 5 NEW BUSINESS: A. Survey and Assessment Waiver B. Goodland Historic Sites 6. DISCUSSION OF ADDENDA 7. ADJOURN COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION 2800 NORTft HORSESIIOE DRIVE NAPLES, FL 34104 October 20, 1998 Ms. Christina Eggers CLG Coordinator Bureau of Historic Preservation P.A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399-0250 RE: Collier County Preservation Board Meeting Dear Ms. Egge~: This letter is to inform you that thc Collier Co,tmty Historic and Archaeological Preservation Board held a public hearing on Friday, October 16, 1998. I have enclosed a copy of the minutes for your review and rocor ~ds. If you have any questions regarding these meetings, please do not hesitate to contact me at: 941-403-2463. Very truly yours, Principal Planner (CLG Coordinator) cc: Vincent A. Cautcro Sue Filson Ron Nino Ron Jararo Nancy Sicmion Preservation Board HanCOck Misc. Cortes: Mac .~ ~e ~ Date: 8,r~ ~ Item~ Copies I0: Building Review & Permitting Code En foacen'~m Ilou~in8 & Uriah Imrnovcmcnl (941 ) 403-2400 Natural Resources (941) 732-2505 (941 ) 403.2440 Planning Services (941 ) 403-2300 (941 ) 403-2330 Pollutlon Control (941 ) 732-2502 COLLIER COUNTY HISTORICAL & ARCHAEOLOGICAL PRESERVATION BOARD Meeting of Oc6ober 16, 1998 Attendance: Pre,ent: Alexander Du,ek Joanne Quinn Thomas Franchino Bill Tyson John Thompson, Vi~-Cha~n Absent: Lorn J~n Young, Chairman Diane Gonzalez Staff: Ray Bellows Nancy Siemion Od~ers: The Preservation Board meeting was calhd te order at 9:00 AM. ADDENDA TO AGENDA: A. Santa Barbara Boulevard Ex{eh,ion APPROVAL OF MINUTES: The Preservation Board voted unanimously (5 to 0) to approve the September 18, 1998 ,-i,,utes subiect to {he following corredion: Under Discussion of Addenda (Item B) delete the name Joanne Quinn from that sentence. PLANNING SERVICES DEPARTMENT REPORT: A. Ray Bellows passed out copie, of/.he Data Sh~fi and the Si~ Inventery She~{s that define the sito type and provides the names of all the listaxt sites on the pr~habilit~ maps. This da~a can be used to determine the significance of a site and provides information concerning the local de,iguated site, and back~und data concerning previous survey OLD BUSINESS: A. Nehrlinl~'s Tropical Garden: John Thompso,n handed out a copy of an article that was printed in the August 29" edition of the News:Press concerning the garden. The article stated thai Jan Abemathie served as/he ~'oundskeeper at Caribbean Gardens in 1958 and is curr~ntl: hack at work at {he garden. Joanne Quinn voluntoered to call Diane Gonzalez in order to better coordlnato the t~tiempt to contac//he proper/y owner and to obtain a copy o£ Davi~t Driapsa's report on Nehrling'~ gaMen. B. Roberts Rs.ch Update: Ray Bellows vassed out a cop>' of an article from the Naples Dalb. News describing the tentative approval by Collier County Board of CounO Commissioners to spend $950,000 to pveaer*e 13 acres olr the histeric ranch. The Commissioners made the purcha,e {he remaining 9 acres contingent on the count's ability ta use tourist taxes to pay [or the project. It was also noted that the Land Development Code requires tha~. the property owner obtain a CerGficato Of Am~ropriai~ness from the Pre~rvation Board prior to the approval of any plans to preserve or redevelop this local historic site aa a working museum. C. Pre,erwation Board Web Page: John Thompson indicated that he will contact Bob Dedln nert week to set up a web site. He ahb dlsc~ssed how the sites are zenerally · tar~[. It was mentloned that the web site would contain {he agenda for each meeting, historic site locations, waiver application dato and also feature any articles and reports from the preservation board. NEW BUSINESS: A. Surve~r and Assessmen/Waiver:. The survey has not been completed at this time. It should be ready prior to the nex~ meeting. DISCUSSION OF ADDENDA: A. Santa Bani, ara Boulevard Extensiom John Thompson mentioned that {here are plans {o extend Santa Barl,ara Boulevard te Ratdeanake-Hammock Road. There is a posslbillt~ {hat an archaeological site ma~' be located within the proposed path. NEX'F MEETING: Frid.y, No.e,~bev 13, 1998 at 9:00 A.M. (Conference Room -E-) Historic Preserva 6on/M inu tea/RVB/rh 2 Naples, Florida, September 23, 1998 LET IT BE KNOWN, that the LIBRARY ADVISORY BOARD met on this date in regular session at 2:00 p.m. in the Main Library with the following members present: ~orris CHAIRMAN: Jaculyn K. Dering Hancock VICE-CHAIRMAN: Doris J. Lewis Const,,nttne. Syd Mellinger I'lac'K 1 e ~,," ./' Diane Williams Berr~ ABSENT: Sabina Musci John W. Jones, Library Director Marilyn Matthes, Assistant Director Luz Pietri, Sr. Secretary ALSO PRESENT: APPROVAL OF MINUTES Misc. Cortes: Item# Mrs. Dering asked for comments or corrections to the minutes of June 2~, I~JgT..°;I'here being none, Mrs. Lewis moved, seconded by Mrs. Mellinger and carded unanimously, that the minutes be approved as submitted. Mrs. Lewis moved, seconded by Mrs. Mellinger and carried unanimously, that the minutes of the Annual Meeting be approved as submitted. REPORTS OF OFFICERS - None COMMUNICATIONS Mrs. Dering reported having received a call from Mrs. Sally Lamb, (a former Friends' Board Member), who expressed concerns about the reservations procedures via the computer. UNFINISHED BUSINESS In reference to the Regional Library planning, Mr. Jones stated that everything is coming along fine and that the County is in the process of selecting an architect for this project. The Board reviewed the nominations that were submitted for the selection of the Library's Employee of the Month. After some consideration, Mrs. Mellinger moved, seconded by Mrs. Lewis and carried unanimously, to select Fran Hays as Employee of the Month for September 1998. Marilyn Matthes reported on the recent computer software move from the Government Center to the Headquarters Library. The Libr/ry was closed for two days, 9/18 & 9/19, to allow for the move. A series of workshops wire held for the Library staffat that time. As a result of this computer so,ware move, thee phone number to thc computer catalog via modem was changed to 263-8246. In reference to the 1999 budget, Mr. Jones rel~orted that no changes have been made, except to increase the budgeted funds for elec.tricity and water at the Marco Island Branch because of the new larger building. With the threat of a hurricane approaching the Naples area, the Board discussed closing the Marco Island Branch early on this day. Mrs. Mellinger moved, seconded by Mrs. Lewis and carried unanimously, to close the Marco Island Branch at 5:00 p.m. on 9/23/98. It carried. Mrs. Mellinger asked about the status of SWFLN's (Southwest Florida Library Network) Reciprocal Borrowing program among the state libraries. Marilyn Matthes was not present to respond to that question, so that item was moved to the agenda for next month. NEW BUSINESS The Chairman mentioned that the Library Policies have not been revised for a while and asked Mrs. Williams to head that project with the help ofMs. Musci and Mrs. Matthes. Mrs. Matthes handed out updated copies of the Long Range Plan. Mrs. Mellinger moved, seconded by Mrs. Lewis and carried unanimously, for approval of the updated Long Range Plan. GENERAL CONSIDERATIONS Mrs. Williams stated that the lighting at the lmmokalee Branch was not only still inadequate, but the workers had also left a lot of garbage behind which the Library's custodian had to clean up. Syd Mellinger commented that she would like to see a standardized form for all branches to report their activities for the month. Mrs. Pietri said she would present it to Mrs. Norris. Mrs. Mellinger also expressed her wish that, in lieu of the fact that Mrs. Jo Lozier will no longer be a part of the ESL Program at Marco, Mr. Jones continue to support that program. DIRECTOR'S REPORT - Attached REPORT OF THE FRIENDS - None ADJOURNMENT There being no further business to come before the Library Advisory Board, Mrs. Lewis moved, seconded by Mrs. Mellinger and carried unanimously, that the meeting be adjourned. Time: 3:00p.m. BUDGET DIRECTOR'S REPORT September 15, 1998 The budget has undergone the first public hearing with no changes. I feel certain that it will remain intact through the second hearing. The bottom line is that the Library budget is in good shape for the upcoming year. REGIONAL LIBRARY The BCC has now accepted the old animal control site as the location for this new facility. A preliminary site study has been completed and an R.F.P. issued to interested architects. An official architectural firm should be selected in October. NEW PERSONNEL Our new Reference Librarian is Harriet Protos and she came fi.om Tarpon Springs. Our new Extension Children's Librarian is Sally Payne, who had previously worked at the East Naples Branch as a Sen/or Library Assistant. With these two appointments, we are now at 100% In professional staff. CIRCULATION It now appears that our yearly circulation totals will equal last year's circulation. This is extremely positive since Marco was operating out of a small rental location (closed completely for 1 I/2 months) for much of the year. FRIENDS OF THE LIBRARY I have enclosed a copy of my budget request for the Friends for next fiscal year. They will meet in October for discussion, modification and approval. COMPUTERS We are moving our computers September 18~ and 19e, thus, the Library system will be closed on those dates. For the employees, a full day ofstafftraining is planned for September 18th. BOOKSALE Our fall book. sale will be held October 9 to 12. This sale will feature several hundred videos donated to the Library but unusable for the collection. I ! ! I I I I I I I i ! I I PARKS AND RECREATION ADVISORY BOARD AGE~DA October 28, 1998 The Parks and Recreation Advisgry Board meeting ~vill be held Wednesday, October 28, 1998, 2:00~ p.m. at lmmokalee Administration Office, 310 Alachua Street, Immokalee, Florida. I. CALL TO ORDER: II. PLEDGE OF ALLEGIANCE TO TIlE FLAG: III. INVOCATION: IV. APPROVAL OF MINUTES, September 16, 1998 Meeting A I-7 V. AWARD PRESENTATION: Jonathan Ingrain VI. NEW BUSINESS: I. Praise Jubilat'e- Karin English 2. Impact Fee Study 3. FRDAP Grant Presentation: · Clam Pass * Sugden Regional Park VII. REQUESTS FOR DISCUSSION- SPECIFIC UPDATE ITEM VIii. OLD BUSINESS B8 IX. REPORTS/UPDATES: I. Monthly Report (August) 2. BCC Recap 3. Golden Gate Fitness Update 4. South Naples Park Update 5. Adopt-A-Park Report 6. Parab Meeting Schedule X. ADJOURNMENT C 9-13 C14 D15 Df6 il I I ! I I I I I I I I PARKS AND RECREATION ADVISORY BOARD Mintites Septemberil6, 1998 Max Hasse Community Park 3520 Golden Gate Bouh~vard, Naples, Florida PRESENT: Joseph Zaks, Chairperson Timothy Blackford Karin English John Grice Edward "Ski" Olesky Gil Mueller ABSENT: Daphnie Bercher, Vice Chairperson ALSO PRESENT: Maria Ramsey, Director Murdo Smith, Recreation Manager John Dunnuck, Operations Coordinator Jacquie Hart, Secretary II John Good, Promoter Ii Dave Williams, Vice President of MIACC Ed Ferreira, President~ of MIACC Jacque Barr, Executive Secretary Butch Morgan, Member & Homeowners Association I. CALL TO ORDER: The meeting was called to order at 2:15 p.m. Il. PLEDGE OF ALLEGIANCE TO THE FLAG Ill. INVOCATION: by Jacqule Hart lv. APPROVAL OF MINUTES: August 19, 1998 meeting. Correction to the August 19, 1998 Minutes: Page 4 paragraph E - Chairman Zaks stated that the County just gave away the park to the City of Marco Island without any consideration of the best interest of the citizens. Motion by Timothy Blackford to approve August 19, 1998 minutes. Passed 6/0. V. NEW BUSINESS/PRESENTATIONS a. Addition to the Agenda!-Ms. Ramsey added Mr. John Good of i Marine Industries Association of Collier County to the agenda. b. Boat Show - Mr. John Good stated he is a Promoter for the Marine Il Industries Association of Collier County. The Mar/ne Industries __ owns the Naples Boat Show. Mr. Good has been in the Association also boat show business for over 20 years. Their organization would like to use Sugden Regional Park for thru year s s mw Mr. Good met with Tom Olliff and Maria Ramsey regarding the i possibilities of what could be done at Sugden Regional Park. Mr. Good would like to negotiate a contract with the County and the Marine Industries Association. .... The event w cons st of showcase boats and boat accessories display; however, items will not be for sale. Mr. Good stated that these are rm ..... p ar3, local business with companies that sell fishing rods and boats. The show a so will feature awareness education and food vendors Mr . ' ' ' Good s goal is to have seminars and to educate people on boating safety. Mr. Olesky inquired as to who will provide insurance Mr. Good stated that the Manne Industries Assocmt~on of Colher CotmW xvdl provide nsurance. Mr. Good stated that the vendors also have to .... ~ provide ~nsurance and tNs is one of the reasons why volunteers are not used because of the liabil ty involved ! Ms. Ramsey stated that one of the issues that needs to be &scussed is the boat show gate fee. Ms. Ramsey stated that the County w, ll have to be a cosponsor instead of having a rental agreement. fhe boat show wdl utilize approximately half the park and a bamcade would be installed around the boat show area· The other half of the park would be available to the general public· Ms. Ramsey stated that one of the reasons why tNs &scuss,on has taken place is to set precedence as to hmv future events ;viii be handled at Sugden Regional Park. Ms. Ramsey stated that if PAR. AB agrees to recommend th s type of event, workout the details such as how the park will be divided, then staler transporting people, and where the gate wi be located. I I I I I I I I I I Mr. Good reemphasized that the Marine Industries Association will be responsible for all expenses including any damages to the park facility and maintenance. ~ Mr. Olesky inquired if staff, could work with the Marine Industries Association and bring some figures to the next meeting. Mr. Good stated that time is limited. Mr. Good stated that he has rented the Lee County Civic Center for a 4 day show, which he pays a flat rate of $10,000. The Lee County Civic Center fees also includes personnel and maintenance expenses. Mr. Good had a show at the Collier County Fair Grounds and the Marine Industries Association ,,vas charged a :$6.000 rental fee. Motion by Gil Mueller to accept this project with respect that staff monitor it closely. Seconded by Karin English. Passed 6/0. Beach Parking Stickers - Ms. Ramsey distributed the executive summary showing different options. Staff would like to recommend option #2. Option #1: To allow anyone who has a Collier County license plate to park for free. Option//2: To have the tax collector g~ve a sticker when issuing a license plate. The stickers will be provided by the Parks and Recreation budget. Staff time has been spent issuing beach parking permit. Originally employees were hired as Program Leaders responsible for programs at the parks but too much time is spent issuing pcmfits and less time is spent planning programs. In the budget process staff requested I full time position and 2 part time employees to help alleviate that problem. In exchange a $5 processing fee would be charged to generate revenue to justify these positions but the County Administrator is asking that staff research other options for Board consideration. Mr. Blackford stated that his concern about this issue is that many Collier County residents pay the meter fees while attending the beach. Since they may not have the time to get a beach sticker, providing stickers to these patrons will reduce revenue. I 3 Mr. Mueller indicated that he had done some research and found out that i people who work in Collier County and live in Bonita or Lee County have their vehicles registered in Colfier County. Mr. Grice inquired if Parks and Recreation could designate one particular location to issue beach parking permits with additional staff and time scheduled. II Mr. Smith stated that this is a great idea but an example would be Veterans Community Park who issue 20,000 beach stickers for this fiscal )'ear. This would create a problem to ha',e" one location. Ms. Ramsey vdll continue to provide the City of Marco vdth beach parking stickers to be issued to residents. Chairman Zaks suggested that staff add an amendment to the executive summary. A letter would be attached to the executive summary sho~ving that the Parks and Recreation Advisory Board recommends that the beach parking meter fee be raised to $4.00 and hire personnel to handle issuance of parking stickers. This would cost far less than the risk of losing the Motion by Chair. ma.ri. Zaks to raise beac.h parking fee to $4.00 per person and not mstdute a $3.00 processing fee. Seconded by Tim Blackford. Passed 6/0. d. Food Grant Status - Mr.,Thomas reported that the Summer Food Program was a success again this summer. During the summer there were 15 food program sites. The Parks and Recreation Department served 49,596 breakfasts, 65,673 lunches, and 3,765 snacks. The total reimbursement of the program is $235,439.38 which doubled last years e. Fee Policy Status - Mr. Smith stated that staffproposes an amendment to the Fee Policy. The marketing fee has been eliminated. There has been a change in the percentage the County charges to contract ~nstructors and ~vhat the County receives in revenue from prog .r~s. The contract Instructors currently receive 70% and the County received 30% revenue programs class. The proposed amendment vail change the percentagefacilities, to 65% (instructor) - 35% (the Collier County) split, at County Fees for Marco Racquet Center will be eliminated from the Fee Policy I ii I I I ! I I I I I I I I I I The fees for thc Golden Gate Fitness Center will be raised once this new facility is open. The daily fei will be raised by $1.00, 3 months perm:t fees are $10.00, and the annual permit fees will be raised $40.00 which will include swimming at the p0ol. The corporate membership discount will be reduced by 10% to 20% off. Motion by Tim Blackford to approve the Fee Policy as proposed. Seconded by John Griee. Passed 6/0. IX. Old Business Impact Fee Policy Status - Mr. Dunnuck stated that he finally got all the information finalized for the Impact Fees. The Impact Fee Policy will be presented before the Parks and Recreation Advisory Board in October. i City of Marco Island/Frank Mackle Community Park- Mr. Mueller read a letter and expre~ssed that he was upset with the removal of equipment from Frank Mackle Community Park and the Racquet Center. The letter will be attached to the minute and be in the record. It was an arbitrary decision made by the Parks and Recreation Department and their immediate superior, it was unfair to the City of Marco, and the City of Marco was not properly' informed prior to the removal Furthermore, some removals took place in a devious and crafty manner. I refer to the $3,000 ice machine at the Racquet Center. It would seem to me that in the interest of mutual responsibility that there should have been some preliminary negotiations take place. This activity has created further tension betxveen the City and County, and has very much alarmed a number of County Commissioners. It is Unfortunate..." c. Landfill Options Status - The conceptual plans will go before the Board of County Commissioners on October 6, 1998. X. Monthly Report d..July Monthly Report- No Discussion. 1 e. BCC Recap - On the Board of County Commission recaps there was an item requesting to serve so~ drinks and snacks at the Vanderbilt Beach I I I I I I I I I I I I I I iI I jo Rs ho Concession. The Board author/zed this request on September 8, 1998. Regional Park Land - The Department has located 175 acres on Livingston Road. The cost is $37,500 per acre which is a total of $6 million dollars. The purchase is being negotiated. The property is at a good location. Golden Gate Fitness Expansion The project has started. According to schedule the Fitness Center will be completed by February 1, 1999. Ordinance 89-11 - Mr. Grice inquired on page E-14 why the proposed ordinance specifies a specifi'c (situated within the north and south geographic boundaries) boundary. Ms. Ramsey stated that there are some vendors that use the beach access which is about 4 feet wide. Ms, Ramsey stated that in order to do business the vendor needs to be in front of the agency that they have their contract with. Mr. Grlce stated that when you put such limitations it defeats the purpose. PARAB Meeting Schedt~le - Next meeting is scheduled at the Immokalee Administration Office. Adopt-A-Park Report - Mr. Olesky visited the .Immokalee Sporl.q Complex and found the following items needing repairs: · Lights needs to be replaced under the canopy in the main lobby. · 2 parking lights are not working at main entrance. · The carpet needs to be cleaned in the front lobby. · There is no lighting along the walkway, along the fence, to soccer field, between the pool. · Staffneeds to look into the installation of motion detector lighting. Dream Land Park: · Graffiti needs to be painted because it is still showing. · The water cooler leaks. · Remove trash on basketball court. · The grass is growing in the sand. · Playground equipment is missing parts. I I I I I I I I I I I I I I I I Lake Trafford Park - The gate needs to be repaired. Mr. Olesky closes gate once in a while. Mr. Olesky stated that by closing the gates, 90% ofthe crimes are stopped. · lmmokalee Community Park - All the trash was picked up. It looks good. There are some dead hedges that need to be replanted. There are minor repairs that need to be taken care of in the building. The wood on the bike rack needs to be replaced. The water spigot by the hand ball court needs to b~ fixed. The baseball field looks good, but there is one light out by th~ first base dugout. The walkway lights are all out. Basketball court finish is wore needs to be resurface., in the middle. The middle hoop needs to be tightened on the second basketball court. Drinking fountains water is hot. Mr. Smith stated all chilled water coolers have been removed from Immokalee due to continuous vandalism. Ms. Ramsey and Mr. Smith stated that staff will address these problems. Vineyard Community Park!- Mr. Blackford visited the Vineyards Community Park and everything looks great. Ms. Ramsey stated that she was not pleased with how the water park is working. Staffwill meet with contractors to repair the water park Chairman Zaks stated that there~is an area where the surface is coming out. Clam Pass Park - Mr. Blackford also visited Clam Pass. The tram dropped people at the lot and prpceed to pick up the Registry Hotels guests instead of the general public. :Mr. Blackford understands that one tram was to pick up hotel guests and bne is supposed to pick up the public. This is not happening! ~ Ms. Kamsey will have a talk with Jerry Thirion. Veteran Community Park - Chairman Zaks notice some pot holes at the side of the rink. Staffwill look into the matter. VIii. ADJOURNMENT Motion by Chairman Zaks to adjourn. Meeting adjourned at 4:30 P.M.. Passed 6/0. . : I I I I I I I I I I I I i I I I PARKS & RECRE .ATION, ADVISORY BOARD REQUEST FOR PRESENTATION TO BE PLACED ON AGENDA ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST SUBMIT A SUMMARY OF PRESENTATION PRIOR TO SPEAKING. REQUEST FOR ITEM TO BE PLACED ON PAP, AB AGENDA MUST BE SUBMITTED IN WRITING TO THE BOARD AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING. ALL PUBLIC SPEAKERS WILL BE LIMITED TO TEN (10) MINUTES UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAiRMAN, NAME OF SPEAKER: Karin English DATE: October 28, 1998 SUBJECT: Praise Jubilate' - Sugden Regional Park - June 19, 1999 ( possibly 19 or 20) PURPOSE: A Christian music concert and non-denominational, ecumenical service (Sunday June 20~, 1999. cross cultural SUMMARY OF PRESENTATION Pink Jeep Events - a subsidiary of Pink Jeep Communications will produce a Christian music concert and talent competition. The talent competition will be for ai'l church choirs statewide to compete. The concert will feature lqatignally known Christian artist. The ecumenical service will have a featured national speaker and performing artist. The event will be open to the public and will be free. A goodwill love offering may be taken. If additional space is needed please use blank sheet (B) 8 16Glm~ PARKS AND RECREATION ADVISORY BOARD MEETING SCHEDULE DA ~E l OCA ~70N /. October 28, 1998 Immokalee Administration Office, 310.4lachua.¥treet 2. November 18, 1998 Golden (;ate Commnnity Park, 3oOOSanta Barbara B/vd. 3. December 16, 1998 Veterans CommnniD,' Park, 190tJ//nmoka/ee Road Meeting dates could, be changed d.ue to holid, ays obse. rved. PARAB members will be nohfied 2 weeks prior to meeting date m the event of a change. PARAB meets every 4'h Wednesday of each month ** MEANS A DAlE OR A LOCATION }lAS BEEN CliANGED. I I I I I I I I I I I I I I I I I i I COLLIER COUNTY PARKS AND RECREATION DEPARTMENT RECREATION SECTION MONTHLY REPORT AUGUST i998 PARK/FACILI .l~ USERS .-, '1 REVENUE FACILITY CURRENT YEAR PRIOR YEAR ~ CURRENT YEAR PRIOR YEAR MTH YTD MTH YTD ~ MTH YTD MTH YTD GG AQUATIC 13,661 98.451 11,753 87,353 19,117 177,464 19,617 164,480 GG FITNESS 2,786 36,156 2,675 29,934 6,027 95,396 7,697 78,236 EAST NAPLES 48.591 554,464 57,697 562,390 5,527 65,733 3,351 61,755 ;RANK MACKLE 19,80C 299,291 7,500 172,311 ~ 801 92,821 907 83,07~ SG COMM CTR 40,472~ 350,688 11,505 152,877 ~1 12,950 222,807 10,006 151,458 IVETERANS CP 50,790 623.476 22.652 325.386 ~ 15,689 178.604 10.951 179.275 VINEYARDS CP 23.746 352.231 29.431 458.447 ['. 10.984 181.331 8.928 203.084 PELICAN BAY 10.814 90.981 5,313 134.471 i 500 10.000 0 6 GG COMM PARK 88,144 691.896 57.178 909.548 t C 0 0 0 ATHLETICS 0 0 2.811 26.973, .~ 21.938 140.636 21.262 164.555 RACQUET CTR 1,661 26,401 1.714 20,650 !i 7,058 97,066 7.685 81.892 IMMOKALEE CP 5.584 383.459 140,522 625.177:J 9.135 51.035 4.149 33.723 IMM SPORTS 11,047 178.925 23.872 173.835 5.805 55.508 5.280 40.934 FOOD PROG 40.000 146.925 146.925 Athletic users are already counted in park/facility user figures I I I I I I I I I I I I I I I I I I I RECREATION SECTION MONTHLY REPORT AUGUST 1998 GOLDEN GATE AQUATIC FACILITY GOLDEN GATE FITNESS CENTER Registered Class Parlicipants 1,253 Registered Class Participants 1 Facility Users 13,661 Facility Users 2,786 Proglam Hours -- "16.5 " Program Hou.,'~ 1 Program Participant Hours 2,067 Program Participant Hotu'~ I0 Revenue 19,117 Revenue 6,027 Special Events 0 Special Events 0 EAST NAPLES COMMUNITY PARK FRANK MACKLE COM3,I PARK Registered Class Participants 126 Registered Class Participants 21 Park Users 48,591 Park Users 19,800 Program Hours 125 Program Hours 8 I Program Participant flours 6.682 Program Participant Hours 7.752 Revenue 5.527 Revenue 801 Special Events 0 Special Events 0 GOLDEN GATE COMMUNITY CENTER RACQUETeCENTER Registered Class Participants 114 Registered Class Participants 38 Facility Users 40,472 Facili~ Users 1,661 Program Hours 196 Program Hours 38 Program Participant Hours 14,821 Program Participant Hours 38 Revenue 12,950 Revenue 7,058 Special Events 0 Special Events 0 VETERANS COMMUNITY PARK VINEYARDS COMMUNITY PARK Registered Class Participants 230 Registered Class Participants 409 Park Users 60.790 Park Users 23,746 Progr-am Hours 1,19 Program Hours 299 Program Participant Hours 10.878 Program Participant Hours 8.237 Revenue 15,689 Revenue 10,984 Special Events 0 Special Events 0 IMMOKALEE COIMMUNITY PARK IMMOKALEE SPORTS COMPLEX Registered Class Participants 60 Registered Class Participants 18 Park Users 5,584 Park Users 11,047 Program Hours 118 Program Hours 38 Program Participant Hours 9.755 Program Participant Hours 1,797 Revenue 9,135 Revenue 5,805 Special Events 100 Special Events 92 SUGDEN REGIONAL PARK Park Users Revenue (c) lO I I I I I I I I I I I I I I I I I I GOLDEN GATE AQUATIC & FITNESS CENTER REVENUE REPORT 16G1m MONTH I FY 1994/95 FY 1995/96 FY 1996/97 FY 1997198 I OCTOBER Pool 4,232 4,232 3,262 3,262 3,509 3,50S 6,924 6,924 Fitness n/a n/a n/a n/a 5,567 5,567 10,503 10,503 Totals 4,232 4_,23.2 .3.262.. 3.262 9,076 9,076 17,427 17,427 NOVEMBER Pool 3,679 7,911 2,978 6.240 3,122 6,631 4,107 11,031 Fitness n/a n/a 4,447 4,447 3,912 9,479 8,663 19,166 Totals 3,679 7,911 7,425 10,687 7,034 16,110 12,770 30,197 DECEMBER Pool 3.139 11,05¢ 1.294 7,534 3,889 10,520 5,067 16,098 Fitness n/a n/a 2,845 7.292 4,342 13,821 8,473 27,639 Totals 3.139 11,05C 4,139 14,826 8,231 24,341 13,540 43,737 JANUARY Pool 3,872 14,922 2.878 10,412 6,291 16,811 4,508 20,606 Fitness n/a n/a 7.714 15,006 14,867 28,688 13,856 41,495 Totals 3,872 14,922 10,592 25,418 21.158 45,499 18,364 62,101 FEBRUARY Pool 3.815 18,737 4,603 15,015 8,254 25.065 9,531 30,136 Fitness n/a n/a 4,082 19,088 8.191 36,8¢9 10,219 51,714 Totals 3,815 18,737 8.685 34,103 16,445 61,944 19,750 81,850 MARCH Pool 10,309 29.046 6,675 21,690 18,771 43,836 13,263 43,399 Fitness n/a nla 3,760 22.848 5,396 42,275 10,123 61.837 Totals 10,309 29,046 10,435 44,538 24,167 86.111 23,386 105,236 APRIL Pool 12,851 41,897 11.312 33,002 13,784 57,620 24,130 67,529 Fitness n/a n/a 5.204 28.052~ 6,978 49.253 6,444 68,281 Totals 12,851 41,897 16,516 61,05,41 20,762 106,873 30,574 135,810 MAY Pool 16.846 58,743 15.256 48,258 26,016 83,636 24,226 91,755 Fitness n/a n/a 4,030 32,082 6,919 56,172 6.399 74,680 Totals 16,846 58,743 19,286 80,34C 32,935 139.808 30,625 166,435 JUNE Pool 19,396 78,139 20.540 68.798 35,210 118,846 40,087 131,842 Fitness n/a n/a 3,318 35,400 8,077 64,249 7,973 82,653 Totals 19.396 78,139 23,858 104,198 43,287 183,095 48,060 214,495 JULY Pool 12.936 91,075 t8,424 87,222 26,017 144,863 26,995 158,837 Fitness n/a n/a 5,181 40.581 6,290 70,539 6.717 89,370 Totals 12,936 91.075 23,605 127,803 32,307 215,402 33,712 248,207 AUGUST Pool 11.664 102,739 17,195 104,416 19,617 164,480 19,117 177,954 Fitness n/a n/a 4,833 45,414 7.697 85,877 6,027 95,397 Totals 11.664 102,739 22.028 149,830 27.314 242.716 25,144 273,351 SEPTEMBER Pool 8,704 111,443 11,459 115.875 11.366 175.846 9,735 187,689 Fitness n/a n/a 10.078 55,492 7,641 85.877 8,699 104,096 Totals 8,704 111,443 21.537 171,367 19,007 261.723 18,434 291,785 I COLLIER COUNTY RACQUET CENTER REVENUE REPORT FY 1994~95 FY' 1995/96 FY 1996~97 FY 1997/98 MTH I '~]'D 'MTH. I -- Y'I'D MTH I YTD MTH I YTD OCTOBER 5,371 5,371 6,173 6,173 12,811 12,811 13,824 13,824 NOVEMBER 8,595 13,966 12,327 18,500 10,434 23,245 13,023 26,847 DECEMBER 6.722 20.688 5,418 23.918 6,989 30.234 7,100 33,947 JANUARY 10,432 31,120 10,001 33,919 9,600 39.834 14.474 48,421 MARCH 6,121 45.417 5.796 49,434 6,156 54,841 9,339 66,526 APRIL 5.016 50,433 6,587 56,021 6,287 61,128 6,654 73,180 MAY 4,328 54,761 3,817 59,838 4,149 65.277 6,668 79,848 JUNE 3,918 58,679 2,158 61,996 3,081 68,358 4,904 84,752 JULY 3,321 62,000 3,990 65,986 5,489 74,207 5,256 90,008 AUGUST 2,945 64,945 4,546 70,532~ 7,685 81,892 7,058 97,066 SEPTEMBER 4,182 69,127 6,830 77,362 8,429 90,321 (C) 12 i I I I BEACH AND WATER MONTHLY REPORT AUGUST 1998 USERS .,~ REVENUE CURRENT YEAR PRIOR YEAR CURRENT YEAR PRIOR YEAR MTH ' YTD ' MTH Y-rD .,,MTH YTD MTH YTD Z ~'ETERS (ACTUAL) ~kREFOOT 9.947 109,462 7,488 160,372 568 19,606 630 20,917 8B PRESERVE 5,586 178,62.., 12,758 228,105; ~ 5.667 98,742 6,093 154,929 .~LAM PASS 13.018 239,86C 34,286 329,26¢. , 3.454 44,247 3,397 51,030 RGERTAIL 22,011 261,09~ 22,166 332,78." ~; 11,283 186.40~ 13,475 192,603 /ANDERBILT 14.398 219,619 20,419 232,607 3,358 36,47.~ 1,517 25,551 J BCH RD METERS 0 C 0 1,171 13,528 1,970 17,483 IN GULF SHORE 5,193 59.772 10,497 129.045 288 2,841 190 2,424 SOUTH MARCO 3.689 69.546 3.712 63,323 2.583 25.106 1.992 25,80.¢ SUGOEN REGIONA None Avad 12,828 0 0 ~TOTAL~'" 73,642 1,180,807 ' "111,326 "&,1,475.507 28,472 426,949 ' 29,264 BAYVIEVV 10897 184.319 5.19~ 101,563 615 7.105 850 11.566 SR 951 2.980 65 178 5.493 55,038 0 0 0 0 CAXAMBAS 6405 77.826 5.085 67,826 0 0 0 LAKE TRAFFORD 15755 183.40.' 16507 177,682 0 0 0 COCOHATCHEE 13.535 491,81." 11.402 396,g1¢ 1.596 17,132 2,333 18,308 ;:TOTAL 49,572 1,002,542 43,683 799,01S 2,2111 24,238 3,183 29,876 ~ONCESSIONS 3OAT LAUNCH 1,315 11,933 1,491 15,874 ;ONCESSlONS 6,047 126,742 8,466 135,872 GRANDTOTAL 123,4141 2,183,350 155,0091 ;2,274~2( 39,9751' 600,32; ; 42,404l~',632,364 (c) z3 I I I I I I I I I I I I I BOARD OF COUNTY COMMISSIONERS PARKS AND RECREATION RECAPS: September / October 9/22/98 8C1 Beach Parking Options, Budgeted money for FY99 positions given with no additional cost. 9/22/98 16C1 Amend statute 89449 to create "home role". 9/22/98 16C5 Resolution turning over Marco Island Parks to the City of Marco Island. 9/22/98 16C6 Amend the Parks and Recreation Fee Policy. 10/6/98 5C1 Joe Boscagtia, Park, Ranger, "Employee of the Month" 10/6/98 16C2 . Approve summer camp transportation ag:fi-cement(1999) with school system. 10/13/98 5CI Presentation to the Board for Parks and Recreation's help participating in the summer "Run for Fun" program. I0/13/98 I2C2 Amend the Beach & Water Ordinance. (c) 14 PARKS AND RECREATION ADVISORY BOARD _.Minutes September 16, 1998 Max Hasse Community Park 3520 (';olden Gate Boulevard, Naples, Florida I'1'~ ES E N'I': ABSENT: .loscph Zaks, Clmirperson Timothy lllackfi)rd Karin English .Iohn (;rice Edward "Ski" Olesky (;il Mueller I)aphnic fletcher, Vice Chairperson ALSO I'I~,ESEN'I': Maria l(amscy, Director Muralo Smith, Recreation Manager John Dunnuck, Operations Coordinator · lacquie llart, Secretary Ii John Good, Promoter Dave Williams, Vice President of MIA(;(/ Ed Ferrcira, President of MIACC .lacquc Bart, Executive Secretary Butch Morgan, Member & lh)memvncrs Assucialion I. CALL TO ORI)ER: The meeting was called ~o order a! 2:15 p.m. II. PLED(;E OF ALLEGIANCE TO TilE FI,A(; III. INVOCATION: by Jacquic t lart Iv. APPl,tOVAL OF MINUTES: Augus! 19. 1998 meeting. Correction lo the August 19, 1998 Minutes: Page 4_ ara rah E - ( h rman Zaks st ' · ' . ' ~ .... atcd thal thc Cotmt5 .lUSt gave away thc park m thc Cily of Marc ~ Island wilhnut any consideration of thc best inlcrcst o ' ~c citizens Motion by Timothy minutes. Passed 6/0. V. NEW IIUSINESS/Pl,tESENTATIONS Blackford lo approve August 19, 1998 Misc. Cortes: Item// C ,~,~s To. a. Addition to the Agen,rl~ - Ms. Ramscy added Mr. John Good of Marine Industries Association of Collier County to the agenda. Boat Show - Mr. John Good stated hc is a Promoter for the Marine Industries Association of Collier County. The Marine Industries Association also owns the Naples Boat Show. Mr. Good has been in the boat show business for over 20 years. Their organization would like to usc Sugdcn Regional Park for this year's show. Mr. Good met with Tom Olliff and Mafia Rmnscy regarding the possibilities of what could be done at Sugdcn Regional Park. Mr. Good would like to negotiate a contract with the County and the Marine Industries Association. Thc event will consist of showcase boats, and boat accessories display; however, items will not be for sale. Mr. Good stated that these are primary local business with companies that sell fishing rods and boats. Thc show also will feature awareness education and food vendors. Mr. (kmd's goal is to have seminars and to educate people on boating safety. Mr. Olcsky inquired as to who will provide insurance. Mr. Good stated that thc Marine Industries Association of Collier County ,.rill provide insurance. Mr. Good stated that the vendors also have to provide insurance and this is one of thc reasons why volunteers are not used because of the liability involved. Ms. P, amsey stated that one of the issues that needs to be discussed is tile boat show gate fee. Ms. Ramscy stated that the County will have to be a cosponsor instead of having a rental agreement. Thc boat show will utilize approximately half the park and a barricade would bt installed around the boat show area. The other half of the park would be available to tile general public. Ms. Ramsey stated that one of tile reasons v,,hy this discussion has taken place is to set precedence as to hmv future cvcnts will be handled at $;ugdcn Regional Park. Ms. Ramscy stated that if PARAB agrees to recommend this type of event, then staff will workout thc details such as how the park will be divided. transporling people, and where the gate will be located. l Mr. Good rccmphasized that the Marine Industries Association will be responsible for all expenses including any damages to the park facility and maintenance. Mr. Olcsky inquired it' staff could work with the Marine Industries Association and bring some figures to the next meeting. Mr. Good stated that time is limited. Mr. Good stated that tie has rented thc Lee County Civic Center for a 4 day show. which lie pays a fiat rate of $10.000. ]'he Lee County Civic Center fees also includes personnel and maintenance expenses. Mr. Good had a show at the Collier County Fair (;rounds and thc Marine Industries Association was charged a $6.000 rental fcc. .Motion by Gil ,Mueilcr 1o accept this project with respect that staff monitor it closely. Seconded by Karin English. Passed 6/0. Beach Parkine Stickers - Ms. Ramsey distributed the executive summary showing different options. Staff would like to recommend option//2. Option #l: To allow anyone who has a Collier County license plate to park for free. Option//2: To have thc tax collector give a sticker when issuing a license plate. The stickers xvill be provided by the Parks and Recreation budget. Stair time has been spent issuing beach parking permit. Originally employees were hired as Program Leaders responsible for programs at the parks but too much time is spent issuing permits and less time is spent planning programs. In the budget process staff requested 1 full time position and 2 part time employees to help alleviate that problem. In exchange a $5 processing fee would be charged to generate revenue to .justify these positions but the County Administrator is asking that staff research other options for Board consideration. Mr. Blackford stated that his concern about this issue is that many Collier County residents pay the meter fees while attending thc beach. Since they may not have the time to get a beach sticker, providing stickers to these patrons will reduce revenue. Mr. Muellcr indicated that he had done sontc research and found out that people who work in Collier County and live in Bonita or Lee County have their vehicles registered in Collier Connty. Mr. Grice inquired if Parks and Recreation could designate one particular location to issue heach parking permits with additional staff and time scheduled. Mr. Smith stated that this is a great idea but an example xvould be Veterans Community Park who issue 20.000 beach stickers for this fiscal year. This wotfld create a problem to have one location. Ms. Ramsey ,.viii continue to provide the City of Marco with beach parking stickers to be issued to residents. ('hairman Zaks suggested that stall' add an amendment to the executive summaD'. A letter would be attached to tile executive summary showing Ihal the Parks. and Recreation Advisory Board recommends that the beach parking meter fee be raised to $4.00 and hire personnel to handle issuance uf parking stickers. This would cost far less than thc risk of losing the revenue. Motion by Chairman Zaks to raise beach parking fee to $4.00 per person and not institute a $5.00 processing fee. Seconded by Tim Illackford. Passed 6/0. Food Grant Status - Mr. Thomas reported that the Summer Food Program was a success again this summer. During the summer there were 15 food program sites. The Parks and Recreation Department served 49.596 breakfasts, 65.673 lunches, and 3,765 snacks. The total reimbursement of tile progran~ is $235.439.38 which doubled last years total. e. Fee Policy Status - Mr. Smith stated that staff proposes an amendment m tile Fcc Policy. The marketing fee has becn eliminated. There has been a change in thc percentage the County charges to contract instructors and what the County receives in revenue from programs. The contract Instructors currently receive 70% and thc County received 30% revenue programs class. The proposed amendment will change the percentage to 65% (instructor) - 35% (thc ('oilier County) split at County facilities. l:ecs for Marco Racquet Center will be eliminated from the Fee Policy. Thc fees for the Golden Gate Fitness Centcr will be raised once this new facility is open. The daily fee will be raised by $1.00, 3 months permit fees arc $10.00, and the annual permit fees will be raised $40.00 which will include swimming at the pool. Thc corporate membership discount will be reduced by 10% to 20% off. Motion by Tim Blackford to approve the Fee Policy as proposed. Seconded by .John Grice. Passed 6/0. IX. Old Business Impact Fee Policy Status - Mr. l)unnt,ck stated that he finally got all thc information finalized for the Impact l:ecs, The Impact Fee Policy will be presented before the Parks and Recreation Advisory Board in October. City of Marco Island/Frank Mackle Community Park - Mr. Mueller read a letter and expressed that he was upset with the removal of equipment from Frank Mackle Community Park and the Racquet Center. The letter will be attached to the minute and be in the record. It ',vas an arbitrary decision made by the Parks and Recreation Department and their immediate superior, it was unfair to the City of Marco, and the (.'it3' o£ Marco was not properly informed prior to the removal. Furthermore, some removals took place in a devious and crafty manner. 1 refer to the $3,000 ice machine at the Racquet Center. It would seem to me that in the interest of mutual responsibility that there should have been some preliminary negotiations take place. l'his activity has created further tension between the City and County, and has very much alarmed a number of County Commissioners. It is Unfortunate..." c. Landfill Options Status - The conceptual plans will go before the Board of County Commissioners on October 6. 1998. X. Monthly Report d. ,July Monthly Report - No Discussion. 16Gl BCC Recap - On thc Board of County Commission recaps there was an item requesting to serve soft drinks and snacks at the Vanderbilt Beach Concession. Thc Board authorized this request on September 8, 1998. Regional Park Land - The Department has located 175 acres on Livingston Road. The cost is $37.500 per acre which is a total of $6 million dollars. Tile purchase is being negotiated. Thc property is at a good location. Golden Gate Fitness Expansion - Thc project has started. According to schedule thc Fitness Center will be completed by February 1, 1999, h. Ordinance 89-11 - Mr. (;rice inquired on page E-14 why the proposed ordinance specifies a specific (situated within thc north and south geographic boundaries) boundarY. Ms. Ranlscy stated that there arc some vendors thai use tile beach access which is about 4 feet xvide, Ms. Ramsey stated that in order to do business thc vendor needs to be in front of thc agency that they have their contract with. Mr. Gricc stated that wbco you put such limitations it defeats the purpose. PARAB Meeting Schedule - Next meeting is scheduled at the hnmokalcc Administration Office. Adopt-A-Park Report - Mr. Olesky visited thc lmmokalee Sports Complex and found the following items needing repairs: · Lights needs to be replaced under the canopy in thc main lobby. · 2 parking lights arc not working at main entrance. · The carpet needs to be cleaned in the front lobby. · There is no lighting along the walkway, along the fence, to soccer ticld, between thc pool. · Staffnccds to look into the installation of motion detector lighting. Dream Land Park: · Graffiti needs to be painted because it is still showing. · The water cooler leaks. · Remove trash on basketball court · The grass is growing in the sand. · Playground equipment is missing parts. Lake Trafford Park - The gate needs to be repaired. Mr. Olesky closes gate once in a while. Mr. OIcsky stated that by closing the gates. 90% of the crimes are stopped. Immokalee Community Park - All thc trash was picked up. It Ioo 'ks good. There are some dead hedges that need to be replanted. There arc minor repairs that need to be taken care of in the building. The v;ood on the bike rack needs to be replaced. The water spigot by the hand ball court needs to be fixed. The baseball field looks good, but there is one light out by the first base dugout. Thc walkway lights are all out. Basketball court finish is ,,,,'ore needs to be resurface., in the middle. The middle hoop needs to bc tightened on tile second basket&,ll courl. Drinking fountains water is hot. Mr. Smith stated all chilled water coolers have been removed from hnmokalee due to continuous vandalism. Ms. Ramscy and Mr. Smith stated that staff will address these problems. Vineyard Communit), Park - Mr. Blacklbrd visited tile Vineyards ('ommunity Park and everything loc, ks great. Ms. Ramsey stated that she ,.,,,ms not pleased with how the water park is working. Staff will meet with contractors to repair tile water park (.;hairman Zaks stated that there is an area v;hcre the surface is coming out. Clam Pass Park - Mr. Blackford also visited Clam Pass. The tram dropped people at the lot and proceed to pick up the Registry Hotels guests instead of the general public. Mr. Blackford understands that one tram was to pick up hotel guests and one is supposed to pick up the public. This is not happening! Ms. Ramscy will have a talk with Jerry Thirion. Veteran Community Park - Chairman Zaks notice some pol holes al tile side of thc rink. Staff v,,ill look into the matter. VIII. AD.IOURNMENT Motion by Chairman Zalc,~ to adjourn. Meeting adjourned at 4:30 P.M.. Passed 6/0. RECEiVl ,. .me' COI.I,IER COUNTY GOVERNMENT Nov 0 3 1998 ~o~rd of' ~uunLj ~omm$$Joners pEL1C..AN BAY SERVICES DIVISION 801 LAUREL OAK DRIVE SUITE 605 NAPLES, FL 34108 (941) 597-1749 FAX (94t) 597-4502 NOTICE OF PUBLIC MEETING A CERTIPI£D BLUE CHIP COMMUNITY NOTICE IS ltEREBY GIVEN OF A REGULAR MEETING OF THE PELICAN BAY MSTBU ADVISORY COMMITTEE AT THE FOUNDATION CENTER, 8962 HAMMOCK OAK DRIVE, NAPLES, FLORIDA 34108 ON November 4, 1995 at 3:00 P.,M. AGENDA Roll Call Approval of the October ?, 1998 Meeting Minutes Collier County Sbcrifl's Office A. Community Policing Update Review of Amendment to Ordinance 90-111, as amended, to begin reducing the size of the Advisory Committee from fifteen (15) members to thirteen (13) members, reducing the quorum requirement to seven (7) n'iembers, and reducing the number o£ votes required to transact business to a majority oftbose present, except a 4/Sths vote of those members present would be required to adopt the Pelican Bay Municipal Service Taxing and Benefit Unit Budget. ~orrts /¢//-- 5 Sub-committee Reports. Hancock A) Clam Bay Constantine_ I. Freshwater/Stormwater Study Report Mac'Kte 2 Design Stares Report Berry -- B) Long Range Phmning 6 Committee Requests 7. Adjourn ADDITIONALLY, TFIIS NOTICE ADVISES TltAT. IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY TIlE PEI.ICAN BAY ADVISORY COMMITTEE, WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE WILL NEED A RECORD OF TIlE PROCEEDINGS AND THAT FOR SUCH PURPOSE, HE MAY NEED TO ENSURF. 'FIIAT A VERBATIM RECORD OF TIlE PROCEEDINGS IS MADE, WttlCH RECORD INCLUDES TIlE TESTIMONY AND EVIDENCE UPON \VHICH THE APPEAL IS TO BE B/\SED Misc. C0rre$: Date:.///g~/') / / Item/ Copies Naples, l%r/da October 7. 1998 LET IT BE KNOWN, that the Pelican Bay MSTBU Advisory Committee met in Regular Session on this date at 3:00 P.M. al tile Foundation Center, 8962 Hammock Oak Drive, Naples with tile following membcr~ present: Dr. Alan Varley, Chair:nan Mr. George Werner, Vice Chairman Mr. Thomas Brown Mr..lames Carroll Mr. Edv,'ard Griffith Mr. Glen Harrell Mt. Herbert Hasson Mr. John Hoyt Mrs. Cornelia Kreigh Mrs. Maureen McCarthy (Absent) Mrs. Corn Obley Mr. Anthony Pires Mr. David Reellig Mr. Bernon Young ALSO PRESENT: Approximalely 20 Pelican Bay residents; Mr. Ed llsehner, Division Administrator, Collier Count.',' Public Works: Mr. James P. Ward. Department Director; Mr. Kyle Luknsz. Department Field Manager and Mrs. Barbara Smilh. Recording Secrelap,... AGENDA: 1. Roll Call 2. Approval of the September 2. 1998 Meeting Minules 3. Consultant Slat-up Review 4 Consideration of providing directions lO the Board of County Commissioners relative to thc terms or off'ice for the five Advisory Board positions which will expire on January 29, 1990. 5. Committee Reports A. Clam Bay Sub-committee B. Long Range Planning Sub-committee 6. Committee Requests 7. Adjourn ROLL CALL: Mr. Wcrncr called Ihe meeting to order and asked that thc Record show Mrs. Manrecn McCarthy with an excused absence. APPROVAL OF MINUTES OF TIlE SEPTEMBER 2~ 1998 MEETING lair. Werner moved, seconded by Mr. Carroll and approvedI lunanimously the Minutes of the September 2, 1998 Meeti.~.. SIIERIFF'S REPORT Deputy Scolt Proper reported that through the insight of many individuals and meelings which have been held, Ihe Sheri~s Office is trying to redirect our efforts to personalize our sen'ices for Ibc Pelican Bay conmmnity. Some of (hat we are endeavoring lo address is Ihal we are. vdthin Ihis community, eslablishJng a belier conllnLHlil)' policing atmosphere ralher than.just a patrol alU~osphere. We 3201 PELICAN BAY ADVISORY COMM~ 11 I=£ OCTOBER 7. 199x Dcput.'. Proper replied il~:l! fltrongho. I Collier Co.nty Ihcy ;ire endeavoring Io hit all colnnltlnillcs, whether il I$ Ncigh~rh~ Watch or ~mc~y thai is Ibc prcsidcn[ of Ihcir community organi/;lfion and m Ibis C3~ ~C ~i]] (~ 10 gel [0 ~m~nc ~ilhin Pcllcan Bay Ihat is willing ~o ~ up to a~ I~sl ~ a ccnlrali/cd place for ~oplc to go. I will contact thc Foundalion lo ~c if there iS an)~x~y lhcy ~n put ~1 on thc Cable access TV I ~11 pul il in Iht next monlh's nc~ slcllcr Io Icl ~oplc know ~]~at this Mrs Oblcy 5l~lcd th;il sllc ~ould rccom~nd tirol Dcpul) Proof lalk Io Mr. av~ilablc Ihcrc E~c~ onc ~s supped Io ha~c ll~cir piclurc lakcn from a~ul now to d~c cnd o~ Ibc y~r for Dcpuly Proof rcphcd ilt;~l was his mlcnlion Tirol wouId probably ~ an cxccllcnl ~cau~ ~oplc do ha~c IO go Ihcrc for d~cir mcm~rship cards and a placc whcrc ~oplc go a Io[ of Illi[]~s Ho~ull~. ~i ~s nOl going IO o~c~ur~n Ihcm al all. Mrs Oblc~ askcd if~c ha~c Io COnlrol Mr Ward rcplicd Ih;il ~tc do nol I~ Iht Foultdation. ~or wha~c~cr rcason c31t'l. ~c ccnainly will ~i up our officc Io do Ilk;il or m;~kc ;m ;Hlcrnnt~c silc for individuals IO do th;il Dcpt~I~ Pto~t rcphcd fl~;~l hc ~ccc=~cd d,s mrormalion Ihi5 morl6ng ;ind Ihoughl gcncrall) IbC ~opic ~[10 h~c hcrc m IbC ~lltlCr lclld I0 [E illnrc cldcrl) Ih;ill Ibc ~oplc Ih;II live here )'car Mr Wctncr asked ;t~ul Ibc Nc~slclfcr ~put) Proi~r rcphcd Ibis ~;is a Irl;ll IIC~slcllCr to gel )otlr ,repression Wc arc going to have to do iiol kflo~l Ih;it olir gllb-~l;illOfl i~ capnblc of ~ndmg oHt mass m;nimgs Io all of thc Pc[icall Bay OCTOBER 7. lg,;x Mr. Wcrncr stated Ihat '.~,e are bt~dgelcd for a couple of mailings and I kno,.,.' Dr. Varlcy docs not lalk ','cD' ranch, so hc docsn'l :vale ','¢~, long and v,'¢ conld probably pul Ihis in Iht same envelope. Dcpub Proper cxphuncd Ibc nc:,, rcporl 'which ',',as dc'vised £or rcporling violalions CONSULTANT START-UP R£VIEW Dr. Varlc.', reported Ibm Ihc Clam Bay RcslOralton ~s ',,.ell nnden',a) and v,'c arc prcscnlly in lhc process of gelling Ibc fiual dcs~gus read)' for lhc conslrucl~on bidding process undcnva?. Wc have Scr~'iccs Di~ ~sion 19')~ ;il I I)~) p X1 Ia discuss Iht .~md~, Propo~,;ds ,kit T~rrcll rcporled Ih:~l ,klr thmuslon ;md Ihc ~.r~c)ors arc In lh¢ field Ioday doin,~ nddiliomll J)O[lll~ ',~O[k ;utd Ill;Il ~honld be ~rapp~d ~p ~,llJlili IIic lie~.l ',;tek Thc 5111~,'¢)'ors ;irc sollill~ tip lheir f.'li' as ~RIIili~ lh¢ plans read) Io ~o IhrOllgh Ihe rCVle~ process ~£ore Ibc) ~o ouI 1o bid. M)' smlT is bidding Mr. Wer,er slated that at the last meetiug Mr. tlumislo~t raps ki,d o£ suggesting that ~: Ttould do ProJect N2 and lhcn ~rhnps phn~ proJ~t ~1 until we ~ how Projecl ~2. which is o~ning Clam Pass works Il ap~nrs here Ihal ~: nrc going to sla~ ~tll pro~ects at the s~lnc lime. Mr. Turrcll replied thai x~c knox~ cxnclly what we x~nnt lo do oul there and die id~ is to gel thai ~om~ and monitor Ibc inner cuts and ~ssibly make ~mc adjuslnlcnls, bul be in a position to move fight ahead ~ilh lhosc We decided as thc original plan ~lid do il thal way, ~ in a ~sition ~hcm we move n[hl inlo lhal. mn}~ ~vcn have il bid ~ [hal t~ do noi lose any lime. yel ~Jvc our~k'cs a lilll¢ Op~tlnlly I0 look al ~h;ll die ellis oil[ on Ih¢ ~acll do ;md is Ihn~ ~oin~ io influence Ihosc up~r ctllS alon~ do Ih;il Ih;il'~ Mr Turrcll replied that I know that is a polit~call.v charged isst~c. I feel tirol once we do milial culs and gel the lidal information. Ihal we ~an I~k at Ihat t~ Now we have a ~ller idea of whal ~¥e are going lo accomplish by s~nding hundreds of Ihol~qi~ds of dollars, or whalevcr thai ~comes down al Seagale M;15bc Ihcre will be ;~ dcsig~l m~ificalion {hal comes olll of lhal dat;i or i;la)~ x~c will find oul thai il is iioi Ih;il critical ;llld OllCC ag;lin Iha{ Call gO IO Ihc Sub-commitlcc and let )'ou Inake a decision on how s~e priced s~ilh Ih;il projecl Il is g~ Ihal we wail. ~lcy xvalll lo do Ihat in tile summer which obvlousl) iil;ikcs scll~ It x~o~lld be ;~ nightnlare lo'lng lo do ii during Ihe seasoll dox~ll lhcre. B>' the x~e gel 1o [hal xsc x~ll have nlorc illCOflllallOII ;llld fCC] X~C can Illakc lillle ~ltcr decisions. Mr R~'[Ii~ ~iadc Iht polllI Ill;Il X~]I;II I~C rcall} ~anI IO do in addition lo o~ning thc pass alld ii;lltlrall) alld Iht ~ civil) has lo be high c~o~gh conlillg through Ihal Clll Io xx;isIi ii Olll or else Ibc cJlallllC] Mr C;Irroll asked Ibc Imphc;nto~: of Iht ficag;nc ct:hefts7 Mr R~'lhg roi)lied Ill;il lilt Sc;ig;lle cIIJX'cfls ;idd lo IJlc ;llnoltlll of tidal flow If )oil ;idd Se;igale Mr Ttirrcll explained Ih:il tile lillli;iJ projects sho~cd ;l~lll ;I 2ti'J{, influence, bnl we fha? find Otll after x~c dredge alld I;Ikc Iid;d IllC;IslSrelllelllS alld ~ing dollc H1 coordination x~iiJl Ibc ~r~ll who did thc Inil~aJ calctJJal:oil~. I}l;ll it ftla) OfllX J~ ollc-h;llf of one l~rccnl thai we gain b)' doing this. That is thc kind of dala. ahhot~gh Ihe stabdil) of Clam P;tss and thc cross-seclion ~s lo[all3' de~ndenl on Ihe lidal prism which Iii;Il. Iff SOlll¢ form or fashion should add Io PELICAN BAY ADVISORY COMMITTEE OCTOBER ?. I Dr Yarlc.~ slatcd Ihal bc fccls linc inlcnlJon is Io follo~¥ Ibc PI;m ns i~ was originally dcsigncd. b) ~nc mir:~clc something bnp~acd ;~nd il ap~ars tl~e Seagate culverts arc not neccssau', thcn ccnainly we would not just go ahead and do it blindly Bul. thc plan is Io do Ibc Sea, gale culverts. Mr Wcrncr ;~skcd if Mr TnrrclI bad ~lJd hc ~;Is st:~ning work on thc frcsbsYnlcr studies? Nlr Turrcll rcplicd Ih;tl there is a meeting at I'(~o PNI on Mot~day to get this study information figured o~t cx:~cl[5. ;dfl~o~gh x~c ;~rc re:fly ~o st:m. Mr Wcrncr stated Ih;il lie :lnd Mr W;~rd disagree about Ibis. bat [ believe by looking at FDEP Permit. Ih:il xx;IS Issued Jid) (, Wc h;~x'c a one bnndred txxcnl5 d:13 xxindox¥, x~llJcll makes il duc around Noxcmbcr 5'h or 6'h D~s Ill;II glxc ~oII ~llOllgh IJnlc'~ Nlr 'hlrrcll replied Ih;il ;d'lcr Nlon(l:~) xxc will ~ Frcll) 7ot~l'on;iblc xxilh Ih;~t XVt have kid dialog x~lh linc :~gcnclcs ;md cxc~bod) ~s llcxsblc There ~s alobod3 r~;~(l) Io drop Ihc gil~mllcl on ns. Wc x~Jll make sl~rc Ill;il xxc 1~ ~o cxl~dllc Ibc dCl:lils o~ Ib;~l an~; mak,~ stlrc xxc do ~lol gel in[o ho{ ~alcr ;~ny of thc agc~c~cs ~c;n~ of thc Illlllllg Mr. Wcr~cr asked J~lbc FDEP Pcrmll ~;Is Ibc controlling Mr ~V;lrd replied in Iht :~rm:~t~xc Thc dalc of~ss~,c on Ibc Pcrmil ~s Jidy 6. 199R. Dr V;~rlc5 st;lied th;~l thc p~ogr;tm ~s anoxmg ;tlo~g :~nd Feels Ihal Nit Tnrrcll has done a job so far and x~c ~andcrsl:~nd Ihls Is going lo ~ a light sqncczc lo gel Ibis dollC ~[orc file tnfllcs come back ll~is year CONSIDERATION OF PROVIDING DIRECTION TO 'FILE BOARD IF COtJNTY CO~IJ~IIS.C, IONERS RELATIVE TO TIlE TER/~IS OF OFFICE FOR TIlE FIVE ADVISORY BOARD POSITIONS WIIICII WILl. EXPIRE ON JANItARY 29. 1999 Dr V;,rlc;, cxplamcd Ih;It Ihcr¢ Jl;~s b~cn some disctJssion Ill collllnltlCC o1! Ibing$ Ihal ',¥¢ nlJ~Jlt do lo illlproxe Ibc oj~2r;lliOllS of this ;idx isog grotlp Onc of file ileitis Ih:ii has ~cII disols~d is whether IJlg Bo;~rd ;is il ~s now COIISIJllllCd xHIh ~[ICCII IllCIIl~fs iS kind of large alld ~mwicJdy. SOIIIChOW IJlis got I0 Ibc Bollrd of Collllly Collllnisslon~rs ;lad goI sllofl ClrCllilCd arollild c~cgb~y ;lnd I ~lig¥~ Mr. Ward PELICAN BAY ADVISORY COMMI'FFEE 1 6 G 1 ]~*' OCTOBER 7, 199~ Mr. Ward explained thai Ihe Long Range Sub-commillee had a discussion about it this morning arm Ill.',' commcn~ ~as Ihal al least ~tilh res~cl fo the Jantla~' 29. 1999 ap~inlmcnls thal are coming up. thc Board of Connty Commissioners had indicaled that they are looking for ~mc dircclion from thc AdvisoO' ColnlllillCC as Io ~hetber or not you want to change the com~sition of Ibc Advi~D. Commiltee it<IL This came a~ut as a rcsuh of Mr Salzmao submitting an application Io fill the unexpired term of Mr. Flal{o ~hich was JanuaO' 29. 1999. Wilh Ihat I x~ould ask that you have lhe appropriate discussion Dr. V;lrlc) replied Ihal xtc d~d dj<ass Ibis hcrc and we feb Ihal ~causc Mr Elalto's term expired In Januao'. ~1 d~d not make a Iol of sense Io ap~mt some~d) new jnsl for a lhrce monlh ~riod aad Ihal xtc x~otJld t~;nl ;md Ih:il it;is ;i []o;irc] dcciMon Mr Ward replied Ih;il is Inlc ;llld is thc direction Ihal I had glxcn Io Ms. Filson. Iht Board liaison Thc memo that I gol back was Ihat Iht Commission had dcc~dcd lo hold Ihe application m a~)allcg l~nd:ng Iht Adx isoO COIllllllllO¢'S dec~sion xshclher to dox~nsize thc conmnllce Thai is xxhal this is on )our agenda I~ay Dr Varlc5 staled lhal Ihcrc ~s an E-mail from ?u on September 2 lhal )ou were advising them Io Mr Ward replied righL R~r J;lamlO 29. 1999 Mr Wcrncr explained Ihal ils part of thc Long Range Commmcc xtc appoinlcd Mrs. McCnnhy ~o ]~ik ill Iht IltllllbCr Of IllCnl~rS xtC [l;IXC. xxhclhcr or ,ol thc) sholJld be ;Ip~)lllled Or clcclcd ;lad ~vcr;ll olhcr lhmgs As far as Ibc sl/c of Ibc Ad~ :soo ~oard. she came back x~ilh Ibc suggeSliOn Ih;il she lhoughl ~1 t~ould ~ a g~ mml[~r of nme Nme mClllbcrs would bca JtllJo more clToctive or c~cicnl, a lillle meel~ng held ~fore Ibis meelmg ~here a discnssion was held on Ihis item Some of ns [¢[l Ihal nine was a g~ ntlllll~r, bill thonghl i1 xxol~ld make sense Io go abonl ;llld recommend lo the Board lhal we priced hkc Ibis There arc fiflecn ~oard sIols of~lfich Ihree are bus:ness related and Iwelve are rcsidenls. We Itave fixe ICfmS Ihal will ~ o~n m J;lfltlaO 1999. fixc Icrms in Ibc )car 2001 and five lernls ill the year PELICAN BAY ADVISORYCO~IMITTEE 1 6G ~ ~ OCTOBER 7. 19')g 2(,~2. O.r rccommcndmion is Ih;it thc fivc Icrrns '.','hic]l corec :~;ulablc in kmua~' 1999 of ~d~ich four nrc rcsidcnts and onc is a busincss mtercsl. Ih;il ~c np~int Ihrcc. T~o ~ould ~ rcsidcnts aud onc busincss rcprc~lltilllOU Ot~r J3o;ircl ~xotJld IJlci1 Jl;l~C I]li~ll ItIClllb~'lS. ICll rcsldcllli;l[ ;llld Ihrcc business. We Iii;ii is [lie IJlllikllig ()[ IbC ~Ui~*COIUIIIIIICU XJf Pitts ;{sked ~lr Werner for clnrlrlC;llion pu~scs. Ih;il ii PELICAN BAY ADVISORY COMMIT'FEE 1 6 OCTOBER 7. Mr Wcrocr staled thai hc ~ould like lo sec Ihc Ordinance changed lo Ihirtecn members Then it it seems Io bc dcsirnblc lo fl~nhcr reduce il. this Committee has two )'cars to [~kc up ils mind they want to rcdtmc it to clcvcn or mnc c~'cnlually. This was onc way to pha~ it down cl.ninaling s~x lcrms Mr Pitts expressed th;ti another thought lo Ihc rcqtJircmcnl of seven ;l~rzn;HJvc voles lo lake ac,on, right now it mkcs mght out of fifteen Ma)~ il x~ou[d ~ lOtlghcr lo gel sc~cn ouI of there a lhm~ght Iojust ~l)mg a illa.]ord5 of those prc~nt as ~ing thc xoliitg requirement once )ou achJcx'c Mr Wcrncr replied th;it was disct~sscd and Ihcrc t~as IlO gJfOllg 5Hppo~ OIIC [~;I3 or Iht olhcr Wc ~crc ;lclu;dl} go.[~ lo tabJc Ih;H ,Hid Mr Ward sHggcslcd Ihal this takes a little ~l~ilc to get tiffs throHgJl. so i~ Ibc Ordm;mcc ~s ~Olitg Jo J~ changed. Jet's do il all ~1 once Wc stilled on seven There is no slrong ~cclJng one ~;i)' or Ibc ofl~cr, as ;~ ittallcr et ~;icl. [ IJllHk i~ )o[i )talc a qtIonHll, a lnajorlb of those Mr P,rcs ~lalcd I]tal }Oll could ah~aFs ~1 lbo qllortlln ;11 eight or llJnc Dr X';~rlc) Staled thal ho had Jl Ill his Illind Itt;il Mr Ward told him Ih;Il lite talcs ;md rcguh~lions IhaJ go~crll ;iii of [Jlcgc klllds o(colHililllCcs rcqu,rcd ;m :Jbsoh[tc ~olc Do I rcnlcmbcr ~rong'~ Mr ~V;ird rcphcd Ih;it If }Oil arc sitting al thc labJc :md a itlOlfOfl is filadc, )Oil afc required Io Dr Varlc~ ~l;JlCd lJl;ll ]1~ Itl~all[ Ihcrc Jlad [o ~ aJJ ;Ibfohllc llllliibcr HlajorJl} et l]lC IoJaJ iltllltbcr Mr PJrcs Slaled Iha( IJlc Bo;~rd of Colllll} COIIIIIJISSIOIIC[5 Il;iS a rcquJrclncnl lJllll Ibc m;ljorily OE Mr Carroll asked if ;~ prox~ ~olc couJd ~ Mr Ward rcplicd Ih;il il could nOl '~2lu PELICAN BAY ADVISORY COMMITTEE osER 7. done. Mr Carroll asked ifu I¢lcphomc `,cie could be used' Mr Ward replied .~cs. ;is long as there is a qiJonlrn in Ibc room Mr }Iuison slated lh3l il nl~kcs ~115o lo him Io hn~c a smaller CoulnliIIoc, A Io[ more could gcc Nits Oblcy said Ihal `,d~cn Iht COllllllillCC ',Ills firsl proposed il was inlcndcd Io be ;i small Conllnillee aod ;liked v,h~. il x~;Is increased Io fifteen members'~ Mr Ward replied thal [lc docs nol recall The Pelican Ba~. hnprovcmenl District was fi:'c Inclnb~2fs ;llld I tilSr)~Cl il hud soloclhiug lo do ~',ilh Iht dcvclorx2r's illtOr~s[, bolh Gulf Bay aud WCI. along 'aHh Ihc commcrcml InlcrcsI5 I',;llUlllg SOIlle rcprescntatlo, on the ConunJttce That is probabb ',ill} tile nlllnbcr x~;is IHCi'c;iscd bul I doll'l klIo`,~ Ih;Il for gllr¢ Thc Orlgill;ll illmlber `,~;IS nine Ill 1991 Mr Grl[l'Hh asked fflhc l~l'lecrl ,a;li ;I c;ip or if Ihc Ordiilanc¢ required I~flccn on tile ConuniltCC" Mr \V;~rd rcphcd Ih;il il x~;15 ;111 .'\lllcudnl¢lll IO thc Ordll1;luCc Ih;It COllCUrtClll x~illl passage of Ibc Ordul;mcc. ;l fifteen IllClllbff[ .,'`,d', IsODs COllllllittcc %MI'~ cst;Iblishcd Il C;lll b~ [cs~; il' tile position stu}s Dr \'arle~. ;liked ifthul ,,',n'~ co,s~dcrcd? knm~ Mrs. Filson keeps Ir;ick o£~d,ch ~f v, hich Dr Varlc) Staled Ih;il H gels ;I t'ql compliCalCd bec;nme solnc ix2opJc can be both Mr. Werucr is bod~ PELICAN BAY ADVISORY COMMITq'EE OCTOBER 7. I998 Mr Werncr replied no. leave ~t as il ~s. It is giving Ihc business community Ibc same representation ns Ihcy have bad Ail ssc x~ould likc Io do ~s amend tim Ordinance to reduce IbC size of Iht Commillee and I ~sould also like n ~o read Ihal busil~eSs ca~ ~ condnclcd ~ith a majority oflhe mem~rs and afftrmalivc action can ~ taken b) a majority of [hose present Mr Pitts asked Ibc qtlo~lm rcqulfcnlcIll llox~ Mr Ward replied that thc quorum requirements arc eight and cighl affirnlativc votes for action Mr P~rcs slated Ibal if il Is changed Ibc malonl5 xxoold then Im seven and a m~gorily would Mr Rocllig replied tim! hc is concerned aboul mo;'mg affirmmixc action £rom cight to £our, Slep olio. slarllng next 5car 5ou could hm.c :} inc¢lillg 'U. ilh se~,c'n people and il ;'.ould lake rally four members Io ~ppro', c somclhmg Mis ObJ¢]. Staled recalling some of Iht *.olcs v.c Ired it v. ould m;lke sense Io slick v, ith Iht prcscm and to I;Ike ;1¢11oii rcqmrcs eight ;tJJ'lrnlative voles Thal is v,h5 I think Ihc normal practice of *.,,crc hcre and four ".'oled lo do SOlllelhillg. lJlen four people v. ilhm all Pelican Bay could ix: saying v.e Dr x.';~rl¢)agreed OCTOBER 7. 1991t Mr. Pircs disagreed saying ~1 is a collegial body There is Ibc opponunil? for OlhCrS IO be prcscni telephonically, cvcn Ihoullh {hey may b~ out oflown You have cighl people c,isting the roles for ,ill of ,.he people in Pelican Bay righl no~ Mr H`irrc[I sl;llcd lhal if }ou look al our voling record and do il x~ilh juSl a m,i. jorily of lhosc prcscnl, it Icl or ~ olcs wc x,olcd "no" wo,ld b~ "}'es". hs! molh ~ould h`ive been a good example. Three people voted "no" lind severs ~olcd ".'.'cs" alld ;ill orlho$c ih;~l '.~crc ,el hcrc aclna]l)' Voled "no". Mr W;~rd st;lied Ih;il `ioolher idc`i is Ih.il on blldgclcd lllllllcrs or I~ll;,Icia[ Ina[lets ?oil coll]d Col,misslo~ rcq,~r¢~ ;~ 4/S ~olc A ,~;~Ior,~. pre.~i, for ,on,al ,cms ;,~d 4/~ of lhose prcs¢,l for ~mmi,~a~b' ~o tec~,t,~.,d ~. tl~t. II~,~t~l ~ &~,tv C)~,,,i.~.~'i.,~.t.~ [ J~llluttrr ] 999 tllld ti mttjt~tifl' rtff~ tf t~ O.~'e pre.se.t tt~ ptt~'.~' t: motit,l J CO,'~J 3J ITI'E E REPORT.g LONG RANGE PLANNING CO[|~|[|-[E[ II.S. 41 h.1EDIAN LANDSC/~PING Mr Wcr,cr cxpl`iillcd Ih:Il iltlOlhCr iSSllC Ih;il I~;fi I;llkcd `ibolll ;il lilt Lo,g R`ingc Sllb-COIlllllilJCC Mcclmg ~;~s x~hclhcr or riel thc [}cheil, It:ix ficrx :cc. [)lt. [SlOll sRo,Id k H~olx'cd ,~ thc US 41 mcdi:,~ PELICAN BAY ADVISORY COMMI '1 OCTOBER 7. 199g we want lo lalk Io Naplcscapc ~ hicll is a Counb'-widc program and sec ~l~cre Ibis fl~rce miles of highway wonld fil imo fl~e overall program Thc d~ision ~ ~o I~k al il. bul nmhing was Io ~ done m fl~is time. Dr Vnrlc) asked it fl woold ~ inappropriate Io ~rilc ~o Mr. llschner or Iht Bard of Coumy Commissioners and ask Ihcm for an opinion and ~i~ncc in how wc are lhinking a~ul this? I galhercd from Mr ll~hncr's comnlcnls IIInl he fch il ~s going m lake ~mc time ~fo~ it ~2s resolved on a Conm-~qdc basis Mr Ilfchner slalcd lhal lhere is no ~rrenl ~li~' ~dlh rei~cl Io how we fund. ~lh short and long lernl, lilt issiic of median inalnlenallcc in Collier Connly. Olle Of file lhings we are going Io address lJlill liStlC T]I~rC arc a IoI of dcx'cJOplllCnl$ laking place where IJlcy Walll Jo pill I~cdJan Hnprovcmcnls and lurn Iho~ mcr Io IIic Collnly tot long Icrnl InaJniCilancc, Thai is going lo problcmal~c ~'g qlllckl} and ~c h;l~¢ no l~a} IO fling IJl~lll and coJlld k 11 real signifi~nl Jmpacl ftOlll Ih~ pro~y I;1~ ~l;llJd[~illl. gas I;1~ iland~ml or MSTBU Slalldpolnl Wc arc sun'cying all over IJlc Slal~ o~ Florida and lJl¢ ~oulhc;l~lcrn ~)alOn o[ Iht Uiiil¢d Slalcs ;iSkJllg ~oplc how IJlcy address Ihis JSSll¢, Once SOlllC conccpl~ for Ibc ~sfih~Jll} oJ' fllndlng long IQrnl Thai inJgJll address your issnc, bill ~ arc nol ready al llllS ~1111 Io ~1) I~hal lhosc fllndJng oplJons lnighJ ~ Dr Varlc~ asked if an area ot IJlc Colln[} had alrcad} pill itl land.aping in Ihc nlodian wJlh Ibc Mr JJschncr replied IhAI i[ []1c ~(}[lll[l FI;Id agreed [o I;]kc SOlllC[llillg ovcr and IllaJllJllill il alld dl~crcnl ~o;Ird c;llllc oll ~l;ir(J ;llld dtcldcd lo cJlallgC IJiR Italic} J ;1111 ilol 511r¢ J alll prepared Io lhal qucslJOll for }Oll All CXl~llllg Board c:mnol colnmJl a ~lllllrc Board Io all)lllJng olhQr Ihall a IRgaJ IiiSlnlnlRnl J~ a colllrilcl il,id b¢¢ll Slgllcd. lJull ~ould nol k []1~ casc. alld could nol ~ changed iiiIJ¢is b~ Mr Yoling Slalcd Ill;il Ibc ];Illd~c;iplflg ~C :irc COllC~rncd ~iJ[i is iJoJ a CollllJy-~Jdc ~h,ion '~214 16Gl PELICAN BAY ADVISORY COMMITTEE OCTOBER 7. 199g ago. thai thc Co.nb musl cnlct rolo n contrnc~ wilh 1he SI,ate v, hich req.ircs the Counb. Io mnintain thc median. Mr Ilschncr rcplicd II,al a corrcc[ Mr Yo.ng sl,'.cd Ihal m csscncc Ihcrc is a comrncl bcu, vccn Ibc Co.nb' nnd [he Sinle. Whcn 1 rcafl Ihc Mira,cs . looked as if ?,ou '.'.crc rmxing up Pclican Bay wilh Iht Counb'-',,,idc progrnm and pollo' Mr W;itd replied lhal hc I]lillk$ IlK: difference was Ih;ii iF ~,c ',','Rill itl and lnslallcd lalldscapill~. Ih¢ i~;illc ',~as, ',~ho ~¢ls Io p;i.', J'or Ibc i11flllll¢ll;lllCc. IlOl iI¢ccsilirJl~ lib'Il IhR CouiIJ.v WOllJd do ,~-~I 'l'oHIlg ~,l;l[Rd IJHiI lh¢ ('OiiHI} ¢oIIJd IJl¢ll COII1¢ J~;ICk flrJ(J ;1~.¢'~ I1~ J'OF IJhql ,k. Jr ~,t,';Itd agrccd. ['Hli ;'~Jl;lf ~lr [J~'hllcr is IDdlcllllll[ IS IJlll[ Ill,J} ;IFC IP,.'Jng fo COIHC tip ~Jlh ;I 321~ PELICAN BAY ADVISORY COMMITTEE OCFOBER 7. 199g Dr Varlcy asked if Ibc Slal~s righl nos., was IQ pt~l il on lite back burner. ',~.alch il and II,ink aboul il? Mr Brown replied )'cs. bul our Sub-cornmillCC get a handle on Il Mr. Carroll slated thai Ibc suggcslion Io proceed V, ilh Icasl get lhal one SClllcd Wc can nol go ahc. nd ,,vilh money if,.~,c don't know '.','ho is going Io mainlain Mr W;~rd cxplmncd Ih;ti Itl ICrl,;1S of',Vbal Mr Bro',`.n ~s lalking ;~boitl. Mr. Ilschncr rcmindcd mc thai thc Cotllll? is going Io bc ptlllmg II1 $1cc'*,'cs ["or boll1 ',',mcr ;1nd clcclnc ~Htich is required aztd Iii;ti SOlves one big problem ,.', hlch Is thc :Iron Io bc ',~idencd. t~ot Ibc cxtstittg nrc;i Mr I{;~,,~.¢m ;tskcd ~]~ ','.c ;irc (Ji.e, crtf111n;itlftg'~ SoHtc Ilted~;IttS ;irc being nlninlaincd b) thc (~Olllll.~ ;Ind OlJlcrs ;irc llOl Ill¢~:Jllt~ I ~ iii J'~ El:id Io brm~ ~,oJi ;, I'ull rcporl on ',~.Jl;ll ~,[,c (Jo I'lllld. lin',~, ;uld ~ h) il Js I'lmdcd Ih;il ',~;i} I C'*'eg'J~.J.',' 'w3111s lite tnedi;lll Oil Ibc pHhhc ro;~d I;lltd$capcd la look hk¢ T~h31 ii docs Ill Ih¢ Cib of Naples Tltc COIIIII) I~, ClillCltiJ? goIIt~ JJlroJJ~Jl il pi'occss ;Ind I cio lint Ihink program li~.'llt~ lo i(l~.:ltllJ'~ ;ill of Ih¢ rn;td~;t.~,s. ;',ilo IS IIt311tl;tlltllt~ IJtcllt. Itoh.; is il b~illg paid for ,1nd Inccling 3216 PELICAN BAY ADVISORY C'ONI,MI'VF[~E 1 6 ~ ? JJ~ OCTOBER 7. 1 Mr. Ilsclmer rcplicd Ihal hc Coldd providc lh~s. Mr GrilTilb asked ir ~,c h;~vc ~cn d¢l~icd nlainlcn;mcc mi lids projccl'~ Mr. II~hncr replied Ih;il rlo~y Iq;IS nl;IdC an)' dcnial al IhJs ~lnl ~Vc arc probably nol ~oing lo rccommcnd ;in% nc%~ projects In Ibc riO;ltd ;Il IIiis IJliIC J~c;In~c nj' llJosc JOIl~ lorn1 hudgcl impacls. Wc mi~hl Iliad lho~ Tidal is Ihc llnic ;il wh:ch IJl~ can inakc IIio~ dcc~sions %~hcrc a projccl likc )'ours COMMI~EE SEAGRASS PROIII.KM PELICAN BAY ADVISORY C('~MMI1-FEE OCTOBER ?. 199X Mr llschncr rcplicd lhal ~I is bctng col]cclcd and haldcd lo thc Inndfill and Ircalcd likc all o{l~cr biological znass al $1439 pcr ~o~ We are go,ng Io ~ submi~m~ ~o ~MA for rcimburscmcn~ o~this cos~ and ceflfiinly ~ould ~ more th;m ]t;~ppy Io mcludc your cosls ;~ss~ialed x~itl~ tl~al m onr applicalion. AUSTRALIAN PINE RE~IOVAI. Dr Varley explained lhal Mr Lukasz and be havc received a Iol of calls regarding Iht demi~ of Ihe last of the A~slral~an Pincs Il sccms tn center around fl~c one or Ix~o I;dl pines on the t~ach jusl noah of xshere lhc ~lil~al~ nrc Mr Lnknsz explained tirol Ihcre were c~ght or nme along Ihc pnss and anolhcr cighl or nine to Ibc lloflh o~ Iii;It ;~rc;I There ~crc ~oplc comm~ inlo Ibc o~cc last ~cck ~il]1 Ih~ concern n~m tl~o~ Mrs Oblc~ asked irfl~e Conm~ ~ould nllo~ u~ Io keep fl~em'~ 321g PELICAN BAY ADVISORY COMb, Iii OCTOBER ?. 1998 utly thc ones Soulh al Clam Pass havc 1o bc removed Thc Founclalion ivcnl in and rnodificd Ibc permit rOI' [BciF l'aciiitlcs and that ',vas a rcquircrncnt of Ibc pcrfnil Thc oncs norlh of Ibc pass. thc CoIinly has nol bccn pushing Ibis ]ssac greatly, I flliak lira.', arc supposed Io bc rcmovcci b) code. bill [ think iryou Mr Pircs asked iflbal properb xxas ox~ned b} Ifc Counlx'~ Mr W;ird replied Illal H ~s ptobabb ~s m~ncd b.'. Ibc ('otlnl~, Mr Pitts slaled lhal if ~1 ~s. it ~s a code rcqmrcmcnl and Ihc?. arc not pusbhlg right no,,,,', if Mr Ilschner cxplmncd lhal Ibc ('otull) Is nol pushing ~1 nglH now and Brazilian Peppers ;irc of 1 I/2 to hilt remove Ibc Itlri, t. ,~tand t~f Au.strttliatl J~'tleS tin tfie J Ilorlhc, ttt portioll t~ Pelicun liar ficacb. Tfie di.s.s'ctlti.# rott,.~ .'t'rt' J Mt H;Issoa sI;aed Ihal c~cah,alh )ou ina.~ ba~¢ Io lose Ihcm. bal unlfl x~c do. lel's enjo} lll¢,i STREET LIi-;IIT POI.ES Mr 9.'crncr smd lb;It hc h/l~ seca street ;i [ol of slr¢cl lighl poles dmz, and replaced ;md asked ~s hal was bappenu]g Ihcrc? Mr Lukas/ St;lled lb;il there ~crc %o111c IICll Jx~lcs Ih;il I~c SI;lrlcd lo c]l;lag¢ onJ dllc lo rOlli,g around Ibc ba~ We had badgcled Io replace Ihosc ~le~ Mrs Obit5 asked if aa5 progress x~:ls bciag nladc on ch;ragtag om lighl ~lcs to ;mOlbCr design, Mr Ward replied Ihal ~c had lalkcd a~lll illaking Ihal a pan of tl~e long term capilal miprovcmcnl program for dial s)'slcm ~ Inch comes up next )car Dr. Varlc> asked if Ihey ~erc rcl~rrmg lo thc large slreCl lighls or Ibc shofl ones'? Mr Ward mphcd Iht short ones ;fie alrcadx laken care of and IJle~ are lite fall ones ~illg PELICAN BAY ADVISORY COMMITTEE OCTOBER 7. I998 TRAFFIC SIGNAL Mr. Carroll asked thc slatus of thc traffic signal at Pelican Bay Boulevard North and US 41 ? Mr. llschncr replied Ih,al Iha polcs arc ~nas! ann lypc poles and arc duc to arrive in November. around November 5 Wc anlic~pnlc haqng Ihose installed and fully olx:r;~fional by ]anttary I. 1999. YEAR 2ofllt TURNOVER Mr. V¢crncr asked if thc COIIII[.% Is,'aS prepared for Ihc year 2000 computer problems and by associnlion. Ihc Pclicnn Ba.v Scr".'~ccs Division') Mr Ilschncr replied Ihal Collier Cotln[y iS ,and has bccn ;iv. nrc of thc problem and has taken thc approprmlc slep~ lo cllsHre Ih;ir Ollr S~SICIII$ ;Irc goHIg lo b~ rcad~ b~ ill;. m~lc Otlr COIICCrll ;Il IIIJS poJllJ IS ollr sllpphcr~, ;ilia olhers Ih;il lie Jl;l~ c IO deIx:lld ilpOll ;llld x~c ;ir¢ :lJ~o ir~lll~ Jo address Ih31 ils ~elJ WOll'l b~ able IO ¢onlrol Ih;il excep[ rcSlrlCllll~ IJlal s.'.e Olll) do bllslncss '.',llJl people ~lllo IHl's ~ |)rep;ired l'or Ih31 ADJOURN There bi~ing lid J'llrtller bllstness. Ihe llleellllg ;ldjOllrllcd /1[ 4 ~J} P NJ Dr Alan Varlcy. Ch;llrtll;in TO: FROM: DATE: SUBJECT: Pelican Bay Advisor5.' Committee James P. Ward Oc{ober 29. 1998 Amcndmcn! lo Ordinance 90-1 I I At Ibc Oclober 7, 1998 mccling of IbC Pclican Bay MSTBU Adviso~ CommilleC. Ibc CommillCC rccommcndcd lo Ibc Board of Cotlnly Commissmners Ihal Ordinance 90-111. as amcndcd. crcaling IbC Pclican Bay MSTBU be amended lo accomplish Ibc folloxsing: Torcducclhcs~zcoflhcAdxtsoo Commmccfromfiflccn(1511olhirlccn(131 To reduce Ibc number of'~.olcs rcquircd lo Iransacl business Io a majority o£1hos¢ present, cxccpt a 4LS's ,,'otc o1' those members prcscnl would be reqnired lo adopt Ibc Pelican Bay Municipal Sen'icc Taxing and Benefit Unil Bndget. This downsizmg ~s inlcndcd Io be accomplished since flmre will be five terms expiring on Santmry 29. 1999. For your mformalion and considcrafion. Ibc following fable will providc Io you Ibc S~ifiC numar of vo~cs rcqmrcd Io pass a monon on Ibe fl~r and for thc motion to approve thc budgcl of thc Pelion Bay MS~U. Thc mblc ~lo~g is prcscnlcd Io yon ba~ u~n thc numar of momars pm~nt at thc in~ting. Motion passes with Ibis numhcr of Vnlcs Nnmhcr Present A B 13 7 11 12 6 I1 6 9 I0 5 9 5 8 4 7 7 4 6 (A) For an} ncm :xccpt thc approval o£thc Budgct. (B) For approv,fl of Ihc B,dgct Naples. Florida October 7, 1998 LET IT BE KNOWN. thai tile Long Range Planning Sub-committee of the Pelican Bay MSTBU Advisoq' Committee mci on Ihis dale at 2:00 P.M.. at tile Foundation Center, 8962 Hammock Oak Drive. Naples with Ihe follov, Sng members presenl: Mr. Gcorgc Wcrncr Mr. James Carter Mr. John Hoyt Mrs. Maureen McCarlhy (Absent) Mr. HenD' HaLnel Mr. Tom Brown ALSO PRESENT: Two (2) Pelican Bay residents; Mr. James P. Ward. Pelican Bay Sev,'ices Division. Departmem Director: and Mrs. Barbara Smilb. Recording SecrctaD'. AGENDA: 1. Roll Call 2. Report of Governance CoLnnlillee 3 Report of US 4 1 Median Land.aping Commillee 4 CommillCC Requests 5 Adjonrn ROLL CALl.:. Mr \Vcrner called Iht :nccm~g Io order and asked Ihal the Record £how Mrs Maurecn McCarlh) wJlh an excused absence. REPORT OF GOVERNANCE COMMITTEE INDEPENDENT DISTRICT ver:~tL~ DEPENDENT DISTRICT Mr Wcrner reported thai ill Mrs. McCarthy's research. Mr Ward explained Ilml in order to become an Indepcndcm DiSmCl you need thc approval of 100% of Iht Pelican Bay landowners. We arc not pursuing Ihal an.',' further Mr Wcrncr stated thai Mrs McCarthy Ihen researched Bonila Ba) and Ibcir governance. Al Bonita Bay. their FoLmdallon and MSTBU ;irc rolled inlo one cnlJly under thc homeowners associalion. If :~c are going IO pursue Ihal ;1115 fllrtlter, there x~oald nccd 1o ~r< some indicalJon fronL lhe Foundation assessmcnls? Mr Ward replied Ibal bis underslanding is Ih;it Llst~idl.~ the docnlnenl thai crealed Ibc enlily lells allov,'s for an ;id xaloreLn based kind ora lax and it cerl;lillly Call never go or~ a lax bill. PELICAN BAY MSTBU/LONG RANGE PLANNING SUB-COMMIT'TEE OCTOBER 7. 199~ Mr. Hamcl slatcd fha! £rom ,,~ ha! he ]las heard hc docs not bclicvc thcr¢ is too much inlcrcst on the pan of Ihc Found,']lion lo cn[cr into this [ypc of cndc;P,'or ~,{r. Wcrncr siatcd ~'c th;~l ~ill ;lllo',',r NiT. Hamcl's ans~cr lo sland ~mlcss so~nclhing clsc would rolc. PELI~AN BAY AD¥[SOR¥ CO~I~IITTEE SIZE Mr Wcrncr cxplaincd lhat hc fccls a fifteen mcmbcr Board is IOO largc and apparcnlb' ~Irs. ~]dch ~'mdd fl~cn rcducc thc mcmbcrship Io Ihirlccn In ibc ~,¢;lr ]l)ol. fill Ihrcc lcrms, which ~vmlld ,~,lr. I[o}l rnmc(I, scc~Jn(lcd I)y ~,lr. II;imcl nmi ;llH)r'ovcd iJn n rotc or four (4) l~) one (I) thai ;i rccmnmcndalion he made lo thc Pc[Jc;in Bay Advls~)g' Commillcc Ih;il Ibc CommJllcc hc rcduccd in sizc from ~r~ccn (15) lo Ihi~ccn (13) in 1~99. From Thi~ccn (13) Io clevcn in Iht )'car Z00I and from clc~cn (11) Io ~line (9) in the year 2002. Thc aplminlecs for 1999 woold he t~vo (2) rcsidcnts and one (I) busincss. The votin~ majority ~'ould I)c chnn~cd to sc'yen (?) affirms(irc vine's to I)ZSs ~ moli~)n. Thc dix~cntinR vote ~:s czsl hy ~lr. Brm~'n. PELICAN BAY MSTBU/LONG RANGE PLANNING SUB-COMMI'V'FEE OCTOBER 7. 1998 It was determined that no action v,'ould be taken on Ibc method by ',,,hich tile Advisory Members are appointed and changing it Io an elected board. REPORT OF TIlE US.~I MEDIAN LANDSCAPING COMMITTEE Mr. ttoyl reported that conlrol of Ibc project, timc-w~sc, moncy-x~ssc, design and hard costs arc a major concern of thc Board Mr Ho.~! explained Ihal hc had :lskcd Nlr Bro'`xn lo head Ihis sub- Mr Bro:',n ~cporlcd Ihal hc nlct ',silh Mr, Bother v, ho ~s thc Archilccl I'or tile Median Landscaping Program for Naplcscapc and learned thc past histor,.' and currcnl rcquircmcms of thc median landscaping progr;tm m Collier Counl.v ,%Ir Brown explained Ih~s progr:.. Io ~hc Sub-comnlillcc. Mr \Vcrncr slated l]l;it Ibc id¢;l nghl nov,' is lo .t;~m~am ;~ ~:ol.tccllo~l ,,~th N;~plcscapc and thc Pelican Bay Properly O','*ncrs and make no recommendations to lhc Advisory COIIIIililICC ill this time since Ihe rcsponsibilil.', for maintenance of Iht US 41 median ','.'as Imccrtam Mr. Wcrncr asked Mr. Bro',',n lo reporl al thc Adviso,'3' Commill¢c ,%feeling Ihal il is prcmalurc Io Illake ally decisions b;ised on Ibc n.mbcr of tlllkox*,llS Ilia( :xc have prcscntl5 haxc. ADJOURN There bcmg no funhcr business. Iht nleelJng adjourned at 2'55 P M Mr George \','crncr. Ch~.rman tape o1' thc I)r~ccedings arc a'¥;filahle fl~r thc Public Rcc~lrdx. Naples. FIorid,a October 12. 1998 LET IT BE KNOWN. that the Clam Bay Subq:ommittec of the Pelican Bay MSTBU Adh.sop,.. Committee mci on Ihis date at 1:00 P.M. at the Foundalion Center, 8962 Hammock Oak Drive, Naples with Iht following mcmixrs present: M. David Rocllig, Chairman Mr. Edward Grillhh Mr. James Carroll Dr. Alan Varley Mr. Mac Itatchcr (Absenl) Mr. Leslie Brown ALSO PRESENT: Three (3) Pclican Bay rcsidcnls; Mr. Todd Turrcll, Turrcll & Associates, Mr. James P. Ward. Pelican Bay Services Division Dcpnrlmcm Dircclor and Mrs Barb,am Smith. Recording Sccrctap,.' AGENDA: I. Roll Call 2. Discussion of Initial Draft of Sludy Propos;Hs 3. Commillee Requests 4. Adjourn ROLL (~ALL Mr Rocllig called thc meeting Io order ;md asked Ih;ti Ihc Record show Mr. M,ac Halchcr `.',ith an excused ,absence. DISCUSSION OF INITIAL DRAFT OF STIJD¥ PROPOSALS Mr. Turrcll explained Iht Proposed Stod.~ #1 Vcgct,aHon An,alysis ,aod/or Irrigation Rcqnircmcnts potlion of Ibc Dr,a£l Sludy Propos;tls Il ;s,as dclermmed ,afler discussion, ih,al 'a ilh reg,ard Io Ihe scope of ;~ork For $1ud.x # J. language v,'ould Ix ,added ;~boul thc '~CgCl,aHoo ;in,al.`. sis ,and Irrlg,alion reqnJrcmetlls for Ibc Club al Pelican Bay. Mr. Turr¢ll expl,aincd Ibc Proposed Shldy #2 Rclardmg Upl,and W,aler Flows into CI;un Bay. It ',',as dcmrntmcd Ih;il ilcm 2. to rcse,arch effects of disch,argmg ilo,,,.' inlo Vandcrbih L,agoon should Ix incloded in lite ¢Olllexl o1' Ibc scope of ,aork Ih,at ~¢ ;irc responsible for in lilt Permit. subjeCl Io rcv~c:v ,and a generalized ~Tp:o,ach should bc t;Ikcn Mr Turrcll discussed Shldy #3 Reducing Walcr Flo;', from Perimeter Berm Arc;`. to Clam Bay. It v,,as dclcrnlmcd Ih,al ,".'Ir. Turrcll v, ould mlook al the ",ViIson. Miller Report and see il' Ihe questions can IX answered £rom Ih,al sludy IO ;d]o;v Inorc ',',atcr Io bc held upland rot a longer period of mac. 10 CLAM I~AY SUB-COMMI l 1LE/ADV1SORY COMMI 11LE OCTOBER 12. 1998 Mr. Turrcll Slated Ihat ncxt lie would come up v,'ilh his lCllCr Io FDEP thai is suggesting the scope of our sludJcs. Then al Iht next rattling a revised scope of ',york could be submillcd Io you absent Ihc fees. Mr. Gr]ffilh slated thai so~nc o£ II~e items are dcpcndcnt upen Ihe results of thc projccts which arc being done. so Ihal ','.ould say Ihal some of il could no( bc done in Ihe 18(I da.',' time frame lhat ;ve have and ',viii ha',c lo be spelled out Io lhe agency becauso of Ibc dcpendcnc? of v,'bal ',ye re lr).'ing lo include. Mr. Turrell explained Sludv #4 Ground'.,,;~Icr Flo','.s Il sounds as if the conclusions are being reached ',~ifl~ Ibc Club at Pelican Bay and are file kinds of conclusions I need Io gel FDEP s~lisfied ',,.ilh us. be ii 'e. ilbdra,.,, from the lakes or shallov, ground'aaler 'aelIs. Eilher oil,3 is :'ch;il ] flliuk FDEP ,.~ill Mr Ward staled Ihal The Club ~s proceeding dov. n Ibc ro:~d lo '~'.ilhdra',v waler from thal lake s.',stcm lo usc as ~rr~gat~on for Ibc golf courso Remembering ibc v, alcr m;magcmcn[ syslem IIml is ',vilhiu Ibc golf course ~s Ibe ',',alcr managcmenl s?stcm for a Iol of Pclic~m Bay iocludi~g lh:~t area v,'cll oulside of II~e golf courso One thing I ~nnt Io hake sure we lake a look ;~1 is Ihal lhcrc has Io be a £nir dislribulior~ oflhat resource io ever?body ~iflun Pchcau Ba.~. bolh Ihe Club and rcsidcntkfl componenls. Whal I don't ~',anl Io h;lppea ~s The Club proceed do:~n Ibc roul¢ of tramg ~o do :~ modific;mon lo our permil aud Ihal's office commuml.', long ~¢rm. so fl~e disltibnlion oftha! resource h;~s gol Io be fair Dr Varies lefl the mcclmg al 2:lu~ PM. and prior Io leaving sm~cd fl~at he feels Ibis ~s Ihe righl approach and v, ould cerlainly favor and cndorso what Mr. Turrcll has proposed ~oday. Irngalion is basic:ally Iht samle deal :~s Smd.~ f14 I believe Wilson. Miller also looked ,~t lhe lakes as add~liomql storage Ihal ~e can create in Ihese lakes. Once again Ihis has lo be worded care£ully so Ihat we do nol box oursohes rolo somclhing fl~al The Club is nol going io do I1 Mr. Carroll asked if Mr. Turtc[l could gel his numbers lo line up ~Jlh Ihe numbers in Ih¢ Permit? Mr. Turrell replied tirol he would look al Ihal again so thai there is no confusion. Mr Ward slated Ihat if c~.'c~'on¢ is happy with lhe scope, based upon the changes Ihal we have :r~de. we can bring il before Ibc full Advisor?.' Bo;ltd. Mr. Wcrncr asked ifv, c had time Io do Ihal. il is duc around No',cmbcr 5. which is 120 dnys frO]l: when Ihc Pcnnil was ~ssued Mr Turrcll shqled Ih,q[ ~,ou do nolv, nnl IO bas[ Ihal There is a Sub-commillcc on Oclobcr 22 and [ can ha~c ii1) rc~rlllcn scope ;Ind ,~ draJ'~ IclIcr Io FDEP lo }ou prior lo Ihal mC¢lmg. Mr Roclli§ sl:~icd lh;u i,, ~ould bca good idca lo lake ~1 bc£orc Ihc AdvisoQ Bo::rd ~t [hc~r ncx~ mcc[ing M r Wcrltcr replied Hu. H~c nCXl Advl~ Doard ~Iccting ~ ~o~cm~r 4 In A[t~usl Ibc Adv~' ~o;lrd endorsed Mr TurrcH to do I]~c~c st~dic~ ¥oH ccn;tu1ly h:l~c IbC ;iulhoru~ ~o IcH Mr Turrclt [o go ;~hc;~d i~)ou arc sat~s~cd ~mcc Ihcrc i~ n~ di~crcncc m thc dollar mt~oun[ ~ppro~cd. [hc~c should ~ no problem ~r R~JJ~g replied Ih;. ~s ~mc. ~ ~s ~nc ~uncd 5m ~ basically Ibc same ~o~ Htal ~s in IhcJr ~rlicr pro~l ~r C:~rreH asked Mr R~llig ~ hc ~as uncom[onab~c a~ going ~orc Ibc full Board? Mr E~lhg sLUed fl~:H ~lr Wcrncr ~ Vice Chmrm;m o~l~c Pelican Bay Advi~' Bo;~rd and i~ hc [s comfortable. I mu com[onablc Mr. (;r~fith mos'ed..*t,~'tlnfft, tl ~V Mr. C~rroll ttHtl ,tppr.s.edI uttanimouslF to tq~l~rttre the $cope for ~,'t~rh ss'hich is,tls res'leas'ed .'ith I Turrcl[ ~ ~sxoc[atcx .sttbjt'ct to the dtscttv.~ltm ]te/d obout certain I 1 Mr. Turrcll Slalcd lhal hc ,.,,ould gel his dra£1 loiter to Mr Ward for distribulion prior October 22. 1998 mccl~ng ADJOURN 12 CLAM BAY SUB-COMMI'i I fiE/ADVISORY COMMI I ! ~-E OCTOBER 12. 1998 Thcrc being no further business, tl{c ~neeting adjourned al 2:15 P.M. David Rocllig, CI)airman The above is a summary of the business actions of the Sub-committee and a complete audi{) cassette tape of the proceedings are available for the Public Recnrlls. 1661 October 20, 1998 Mr. Tim Hancock Board of County Commissioners 3301 Tamiami Trail East Naples, FL 34112 Dear Commissioner Hancock: The Pelican Bay Services Division Advisory Board has been contacted by several Pelican Bay resident groups, including the Property Owners Association and the Foundation, requesting that PBSD participate in landscaping the US 41 median adjacent to Pelican Bay Their idea was that PBSD would pay for the landscaping and Collier County would take care of the continuing maintenance -- a joint effort between Collier County and Pelican Bay, similar to that which the county has in place with several other communities. When this issue was raised at an Advisory Board meeting, Ed llschner apprised us that county staffis currently reviewing the county's existing landscape maintenance commitments and they will submit recommendations for future maintenance agreements to the commissioners in the near future My sense is that our Advisory Board would be willing to survey Pelican Bay residents to determine ifthere is sufficient interest within the community to pay for the landscaping. But, before presenting any viable proposals to the community, we will need an idea of'the finaneiai commitment required, including who would be responsible for the median maintenance. While I believe that a landscaped median would benefit Pelican Bay -- as well as Pine Ridge, Collier County, and the City of Naples - I think that it would be very difficult, if not impossible, to garner any positive support from Pelican Bay residents for funding both the landscaping and the maintenance of the median Please do not regard this letter as an offer nor as a commitment by PBSD to be involved in the landscaping of the US 41 median. Before the Advisory Board recommends that we spend money on the median, we would want to be sure that there is strong community support for the effort. PBSD October 20, 1998 US 41 Median Page -2- W t . e don t expect special treatment from the County, but we wou d appreciate the same .consideration that has been extended previously to other ne ghborhoods. Please keep this m mind as you review the staff's new landscape maintenance proposals. Thank you for your consideration. eWely' Commissioner Barbara Berry Commissioner Tim Constantine Commissioner Para Mac~ie Commissioner John Norris Jim Carter Ed Ilschner Jim Ward PBSD Board O~Comzn~d~O~P~ingJ~vu:es e~mq 71xl. ;,2 ~Jmbl~e:~ C, D, Z ar, d G) a~ I~e Code af Fede~J RejuMl~r~ AFT, EST: . ,.... P.01 J C~,-mN~m4na/~mm~ Collier ~ty Sheriff's Office, }3301 T~i~i Trail ~~/~N~S ~n ~ls ~_G~/~N~5~i ~~~~ ~la S. ~c'Kie~ ~llier ~ty ~ ~i~ owZ~'E. B~, ~ ' 7- [' ' ~t~st as' ~ ~l~'s COLLIER COU~ S]~ERIFF'S OFFICE COPS GRANTS RETEITTION PLA/~ The Collier County Sheriff's Office (CCSO) assumes a progressively larger share of an officer's salary and fringe benefits each year over the three years of the COPS kHEAD, COPS UNIVERSAL, and COPS in Schools grants, leading to full-time retention of the officer at the conclusion of the grant. CCSO has assurances from the local Board of County Co~lnissioners that officers will be retained. Executive summaries are submitted by the CCSO to the Board of County Commissioners requesting increases in the number of CCSO budgeted positions on COPS .~-LE~, COPS UNIVERSAL Hiring, COPS TO COMBAT DOMESTIC VIOLENCE PROGRAM, and COPS in Schools grants. The Board has approved all requests for current and subsequent year budget increases. New recruits were not hired under the COPS MORE '95, COPS MORE '96, and COPS MORE '98 grants as funding certified officers was unallowable under these programs. Any full-time equivalencies (FTEs) as a result of the COPS MORE grants are by currently employed Deputies. When COPS grant project and program periods are over, the CCSO will continue to fund the costs of maintaining, upgrading and/or replacing grant f~nded equipment/technolo~£ in order to support community policing as effectively as possible. CCSO has a very aggressive and successful grant research program that has resulted in continued funding of many grant projects. It is the Sheriff's Office intention to proceed with this method to fund additional agency positions and maintain and procure technoloT//equip~nt enhancements and upgrades of currently funded grant programs. Federal funding will be pursued. Non-federal funding sources such as state grants, additional law enforcement funding from private sources, including corporate, nonprofit and foundation donations and grants will be sought. Should the referenced funds not be available, solicitation of funds from the confiscated trust funds will be sought. Should any of these funds not be provided, COPS positions and costs of maintaining COPS programs will be included in applicable f~scal year CCSO operating budgets. Activities will continue on curren~ grants after grant funds end. With experience, planned training, maintenance and enhancements, activities should even increase after a grant period ends because of farailiarity of the project programs and advancements and speed associated with ~echnology. Approved by: ~ Collier County Board Chairwoman'., jh/a :crepl2 11/98 revision ,c~un~r, Sheriff November 9. 19~ A~t~t~nt County Attorney Jam~ D. Ca't~, Ph.D. Fa_xed to 202-615-9612 UPS NextDay Air N438 3454 54 4 April 13, 1999 COPS Universal Hiring Program U.S. Depart~nt of Justice 1100 Vermont Avenue, NW Washington, DC 20530 Attn: James R. Houghton Grant Advisor Re: COPS in Schools Dear Mr. Houghton: Pursuant to your recent request from the Collier County Sheriff's Office Grant Coordinator Joyce Houran, this letter serves as a request for COPS in Schools (CIS) funding in the ~unt of $1,125,000 to support nine positions as outlined in the Collier County Board approved CIS application presented to the Board on November 24, 1998. The original cover letter submitted with the CIS application was signed by Sheriff Don Hunter. This letter also sez-ves as the Board's executed grant application cover letter. Please call Joyce Houran, Grant Coordinator at 941-793-9346 if you have any questions. Chairwoman, Collier County Board of Conmtissioners Enclosures jh/a:cisl2 AGREEMENT THIS AGREEMENT, made and entered into on this .?-.~fl:' day of Y~al'~V1998, by and between Arthur Andersen, LLP, hereinafter called the "Contractor" and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "Count}'": WITNESSETH: COMMENCEMENT. The Contractor shall commence the work upon execution of this Agreement. The initial contract shall be for a three (3) year period, commencing on execution of this Agreement, and terminating on December 31, 2001. The County, at its discretion, shall have thc option to request renewal for tv,'o (2) additional one (1) year periods. STATEMENT OF WORK. The Contractor shall provide Arbitrage Rebate Requirements Sen, ices for Collier County in accordance with the terms and conditions of the specifications of RFP #98-2852 anci the contractor's proposal hereto attached and incorporated herein by reference including Appendix D, Contractor's Cost Proposal, as well as additional services as required and mutually agreed upon by County and Contractor. ' The County is responsible I.r the completeness and accuracy of the financial in/ormation pr.vided lo the Contractor for the arbitrage con'~putatinns. SCHEDULE. The Contractor agrees to complete the services as required pursuant to this Agreement within the time period(s) established by mutual agreement between Contractor anti the Finance Director or his designee for completion of the various tasks of the proiect. In order to tacilitate complianct, with final con~putation date requirenlents, the County agrees to pr. vide notification to Contract.r .t redemptions anti retirements withi~ seven (7) days .~ such redcmption or retirement I'he County shall provide a minimum of ten (I0) business days notice of the date that the required ~'omputational information ';hall Ix, available in order to facilitate scheduling and travel arrangemen~ of Contractor's persom~el, 98-2852 l'he County shall have all required information available to Contractor a minimum of thirty (30) days prior to any required dates in order to allow reasonable time for the professional completion of each assignment. The Contractor shall not be responsible for delays caused by the County in meeting the scheduled deliverables. To the extent required, Contractor shall prepare extension requests for the County's signature if full anti complete information is not available at a minimum of thirty (30) days prior to the filing date or other requested date. Any interest which accrues as a result of such an extension request shall not be deemed to be due to any error, omission, negligent act or willful miscomlucl on the part of the Contractm' THE CONTRACT SUM. ]'he Count'.' shall pay the Contractor for the performance of this Agreement an estimated maximum amount of fifty-five thousand dollars (S55,000.00) for tile l~C~ ,'",rNtra,e,e Rebate c_',d~ulations I'his amount is based on the prke~, set f.rth m iht' Contract,,r s proposal, ..ubp.,ct to Change Orders as approved in advance i~`. flw (.'.untv Pavment tor the subsequent Arbitrage Rebate Calculations, Years lt~'l and 2{~10, and luture Arbitrage Rehate Calculations, ,.','ill be based on the price'4 set hu'th in the coiltractor's proposal and changes to the Scope of ~.rvices as mutually negotiated [xrtween the County and C.ntractor. Other Reimbursable Expenses shall tx, billed as per Item 5, "Compensation", in a maximum amount not to exceed two thousand dollars ($2,000.00) per year. COMPENSATION. The County shall pa)' the Contractor for the performance of this Agreement upon completion of the work as accepted and approved by the Finance Director or his designee pursuant to the price ~hedule offered by the contractor in his proposal, together with the cost of any other charges/fees submitted in the proposal. Payments shall be made to the Contractor when requested as work progresses, but not more frequently than once per month. Payment will he made upon receipt of a proper invoice and in compliance with Section 218.70, Fla. Stats., otherwise known as the "Florida Prompt Payment Act". Scheduled payments for tuture year Arbitra~.;e Rebate Calculations will Ix, mutually agreed to by the f.'OUlltV .llld the Uontractor based ~m when tilt' work is scheduleti to take place. Travel Expenses Travel Expenses shall not exceed two thousand dollars ($2000.00) per year unless approved in advance in writing by the County. Travel expenses shall be reimbursed at the rates used by Collier County for its employees as per .Section 112.061 Fla. Stats. 2 Reimbursements shall be at the fo ow ng rates. 98-2852 Mileage: Breakfast: Lunch: Dinner: Air fare: Rental car: Lodging: Parking: Taxi or Airport Limousine: $ .29 per mile $3.00 $12.00 Actual ticket cost Actual rental cost Actual cost of lodging at single occupancy rate Actual cost of parking Actual cost of either taxi or airport limousine Contractor shall be responsible for all other costs anti expenses associated with activities undertaken pursuant to this Agreement. NOTICES. All notict~ from the County to the Contractor shall be deemed dui), served if mailed b~ re," · , ' .' g~stcred or certified mail to the Contractor at the following Address: Ms. Joan DiMarco Arthur Andersen, LLP 1601 Market St. Philadelphia, PA 19103 All Notices from the Contractor to the County shall be deemed duly served if mailed by registered or certified mail to the County to' Collier County Government Center Purchasing Department - General Services Building 3301 Tamiami Trail, East Naples, Florida 34112 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. Ail notices under this Service Agreement must be in writing. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, Fla. Stats., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for ali such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible 10. 11. 98-28~2 for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. NO IMPROPER USE. The Contractor will not use, or suffer or permit any person to use in any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of an)' gc~vernmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of thc Count), within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation duriug the suspension period until the violation has been corrected to the satisfaction of the County. TERMINATION. Should the contractor be found to have failed to perform his services in a manner satisfactory to the County as per the requirements of this Agreement, the Count,',, may terminate said agreement immediately for cause; further the County may terminate this Agreement for convenience witl~ a seven (7) day written notice. The Count.',, shall bt. sole judge of non-performance. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, co ur, creed or national origin. 12. INSURANCE. The Contractor shall provide insurance as follows: Commercial General Liability: Coverage shall have minimum limits of $500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and ProperS' Damage Liability. This shall include Premises and Operations; Independent contractors; Products and Completed Operations and Contractual Liability. B. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers~ Liability with a minimum limit of $500,000 for each accident. C. Professional Liability: Coverage shall have minimum limits of $1,000,000. 13. 14. 15. I H3 98-2852 ~uirements.: Collier County shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall tx. maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County 30 days prior to any expiration date. There shall tx, a 30 day notification to the CotSnty in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. INDEMNIFICATION. The Contractor shall indemnify, defend and hold harmless the County and its officers, employees, agents and instrumentalities from and against all claims or suits (including attorney's fees anti costs of defense) asserted or prosecuted by third parties arising out of Contractor's failure to satisfy i~ obligations under this agreement, through error, omission, negligent act or willful miscondocl of the Contractor or its employees, or that of its su~ontractors or their employees, if any, provided however, that the Contractor is given reasonable notice of, and the opportunity to defend, settle and compromise any such claim. Nothing contained herein, however, is intended to confer on any third party any rights or ~nefits hereunder. Addition,fllx, AA'~ maximum liability relating to scrvict.~ rt'ndered under tho t'II$;,Igelilt.nt pt'rJormed t~n' thc County shall be limited to ,my penalties ,l~sesst,d [w thc IRS and excess interest (where'the excess h~k'rest is ~alculated as the (a) cxct'ss of t}w INS charged rate over (b) the earnings rate for the (Tmmtv's commingled tunds lot the salne covered period (c) divided by lhe IRS charged rate (d) limes fl~e IRS assessed interest) and/or related costs proximately caused by lilt' conducl of AA as mentioned above. In connection therewith, the County agrees lo cooperale with representatives of AA to ameliorate or eliminak, such penalties, interest and/or reasonable costs. In no event shall AA ~ liable k~r consequential, special, incidental or puNfive loss, damage or expense (including without limitation, lost profits, oppor~nity costs, elco. Arthur Andersen LLP ('AA') will indemnify, defend and hold harness Collier County (the "County") with respect to ~dily injury and damage to plant or equipment caused by AA's rendering of its services. AA will also inde~y, defend and hold harmless the County for any intellectual property i~ringement. CONTRA~ ADMINISTRATION, This Agreement shall ~ administered on ~half of the County by the Finance Department. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: Contractor's Proposal, Insurance Certificate, RFP #98--2852. 9g.28,2 1 6H3 ' 16. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners, IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. D~ight 15.. Br~ck; C. letk Datekl: './.,p(/ a ,r ?- '(SEAL) BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Attest as to ChaJrnan'$ Signature on]I. Arthur Andersen, LLP Contractor First Witness ?Type/print witness name'l' Second WztnesS .T'~'.,/~o,o Z' c4c',e $ 7~ ?Type/print wimess name? Signa tu re Joan M. DiMarco, Partner Typed signature and title CORPORATE SEAL (corporations only) Approved as to form and legal sufficiency as t. Collier County: Ra""t'fixro M~nalich,h,h~l~'iei Assistant County Attorney 6 COLLIER COUNTY GOVERNMENT 7 · Administrative Services Division Purchasing Department 3301 E. Tamiami Trail Naples, Florida 34112 Telephone: 941/774-8990 FAX: 941/732-0844 e-rnaih taramcgraw@colliergov, net April 29, 2002 BondResource Partners, LP 1601 Market Street Philadelphia PA 19103-2499 Attn: Joan M. DiMarco Arthur Andersen LLP 1601 Market Street Philadelphia PA 19103-2499 Attn: Joan M. DLMarco for Eric P. Edelstein Ladies and Gentlemen: Enclosed please find two fully executed originals of the Confirmation of Assignment & Assumption and Consent Thereto, applicable to our Agreement dated November 24, 1998, as renewed through December 31, 2002. When and if BondResource Partners changes office location, please give us notice of new address. Sincerely, CONFIRMATION OF ASSIGNMENT & ASSUMPTION AND CONSENT THERETO This Confirmation and Consent is dated as of February 28, 2002, and is by and among Arthur Andersen LLP ("Andersen"), BondResource Partners, LP ("Assignee") and Collier County, a political subdivision of the State of Florida ("County"). WHEREAS, Andersen and County are parties to an Agreement dated November 24, 1998, as renewed through December 31, 2002 by letter dated October 23, 2001 (the "County Arbitrage Agreement"); and WHEREAS, pursuant to that certain Assignment and Assumption Agreement dated February 19, 2002 by and among Andersen, Assignee and Assignee's affiliate, Ballard Spahr Andrews & Ingersoll, LLP (the "February Assignment"), Andersen has assigned to Assignee, and Assignee has assumed from Andersen, many arbitrage agreements including, by intention of the parties, the County Arbitrage Agreement; NOW, THEREFORE, the parties hereto represent to each other and agree with each other as follows: 1. Andersen has assigned the County Arbitrage Agreement to Assignee, and Assignee has assumed the County Arbitrage Agreement from Andersen, pursuant to the February Assignment. The reference numbered "4" in Exhibit B thereof is intended to be a reference to the County Arbitrage Agreement. 2. County consents to this assignment of the County Arbitrage Agreement. County authorizes Andersen to disclose County's confidential information contained in Andersen's workpapers and elsewhere in Andersen's files to Assignee to allow Assignee to continue providing the services under the County Arbitrage Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Confirmation and Consent to be executed below by their duly authorized representatives. ~-A~ANDERSEN Narffe: ~[athleen D. Glass Title: Principal BONDRESOURCE PARTNERS, LP Nam :~/Joan M. DiMarco Title: Managing Partner COLLIER COUNTY, a political subdivision of the State of Florida By: ~~'t Name: Stephen ?. Carnel~f~ Title: Purchasing Director THU ~$:01 FAX 267 6___T$ 6670 ANDERSEN BondResou ce Partners, LP Fax To Company F~x number Date Number of pages Colli~' County Ma~h 28, 2OO2 11 Joan DiMm'co From Philadelphia Offi~ location ~ pdorlty I~ Immediate I-~ Non, al [] Ovemlght !~] Send with attsohed dlstrlb~on list It Unreadable or IncompSete please call 267.675-7428 SubJecb'spe~qal Instructions plqlladelphia, PA 19103 Tel 267.675-7426 FaX 26T.675-8670 p ri¥11eged/conflclential i~lformatlon may be contained In this facsimile and is Intended only for the use o! the addresses. If yOU are not the addressee, or person responsible for delivering to the person addressed, you may not ~opy or deliver this to anyone else. If you rece'rve this faoslmite lay mistake, please notify us immediatelY by miaphone. Thank you. 03/28/02 THO 15:01 FAX 267 675 6670 ANDERSEN ASSIGNMENT AND ASSUMPTION AGREEMFJTF 16H 3 THIS ASSl~ AND ASSUIvlPTION AOREEMENT (this "Agreement') is entered into by and among Arthur Andersen LLP ("Andersen"), BondI~source Partners, LP (thc 'Assize") and Ballard Spahr Andrews & Ingersoll, LLP ("Ballar~'~) this 19th day of February, 2002. RECITALS WHEREAS, Andersen desires to discontinue its municipal bond arbitrage computation and consulting service line known as thc Municipal Bond Services Group (tim "Proctice"); and WHEREAS, Assignee, an affiliate of Ballard, desires to talin over the Practice. NOW, ~OI~E, in consideration of the foregoing, the covenants, terms and conditions set forth herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties aH;me as follows: AGREEMENT 1. Client Contracts (a) On or prior to February 28, 2002 (the "F~ective Date'S, An~ shall resign from and terminate all client engegements which are currently scrviced by the Practice (the "Terminated Contracts'~), except for the Assigned Contracts (as defined below). Ali of thc Terminated Contracts are identified in ~ attached hereto. With respect to any client engagements that have been so terminated, Assignee shall be free to pursue and enter into new relationships and/or contractual arran~emems with such clients on such terms and conditions as may be agreed between Assignee and such clieats. (b) Andm'sen hereby assigns smi deles~tes to Assignee all of Andersen's fights, duties and obligations set forth in the client contracts identified in Exhibit B attached hereto (the "~lssisned Con,acts"), subject to Anderscn's having obtained client conses~t to such assignment, where necessary. (c) Assignee hereby assumes all of Andersen's duties and obligations that are set forth in the · Assigned Contracts. Assignee shell provide all services and fully perform all other obligations set forth in the Assigned Contracts in accordance with the terms and conditions set forth therein. Prom and after the Effective Date, Andersen shall have uo further duty to provide any services or perform any other obligations under the Assigned Contracts. (d) Andersen Shall use its best efforts to obtain any consents from its clients which arc necessary to assign the Assigned Contracts to Assignee on or before the Effective Date. In the event any such conseuts are not obtained, the parties shall negotiate in good faith to agree upon a subcontracting or other appropriate alternate arrangement with respect to thc Assigned Contracts. 03/28/02 THO 15:02 FAX 267 675 6670 ANDERSEN ~oo~ (e) Notwithstandin~ any confidentiality restrictions contained in this Agreement or elsewhere, upon request from a client who is party to an Assigned Contract, Andersen may, and Assignee shall, provide such client with an cx~cuiexl copy of this Agreement. (f) Assignee may contact clients of the Practic~ to discuss with them thc possibility of Assignee providing the services previously provided by Andersen; ,provided, however, that Assignee shall inform Andersen in advance of all such contacts and shall consult with Anders~n with respect to the nature and timing of such comac~s, Assignee shall honor all reasonable requests made by Andersen in this regard. Andersen acknowledges and asr=es that Assignee and/or certain Personnel have had such discussions with clients of~hc Practice prior to the date of this Agrcemcut and O~t Andersen had given its oral consent to such discussions. 2. Books and Records (a) Andersen shall retain ell original documents and files relating to the Practice. Assignee shall be entitled to copies of all documents and files which am rmsonably necessary in order to enable Assignee to continue providin~ services previously provided by the Practice, (b) Assignee shall ~ permitted Fensonable access (including the right m nuke copies) es needed to ell origiml documents and files re-i-ed by Andersen during Andersen's normal tmsincss hours and upon reasonabb notice. (c) Notwithstanding the foregoing, Assignee shall receive copies of end be grunted access to documents and flies contahlng client confidential/nformstion only upon Andcrsen's receipt of written authorization from its clients. (d) Andersen shall pay all reasonable costs relating to copies made on or before the Effective Date. Assignee shall be responsible for all copying costs incurmt attar the Effective Date. 3. Peruonnd (s) Notwithstanding any noncompetition or nonsolicitation provisions in effect between Andersen end the Andersen personnel identified in ~ attached berate (thc "Personnel"), or between Andersen and Assignee or Bellm'd, Andersen hereby consents to Ass/gnee's cxtmuting offers of employment to and/or ~ of any or ell of the Personnel. With respec~ to Personnel who are hired by Assignee, Andersen waives any noncompetition and nonsolic/tation restrictions applicable to such Personnel to the following cxlm~ (i) such Personnc! may solicit other of the Personnel to work for Assignee; (ii) such Personnel may perform for Andersen clients pwfessionai services of the type that were pwvided by th~ Practice (but not by other Andersen service lines) prior to thc Effective Date; (iii) such Personnel may solicit Andersen clients for the purpose of performing professional services of the type that were provided by the Practice immediately pr/or to the Effective Da~e. With respe~ to Joan DiMarco, an Andersen panmer, the foregoing waiver shall be effected by means of a letter in the form aliached as Exhibi! D attached hereto, which shall be delivered ~o Ms. DiMarco on or before the Effeetivc Date. With respect to all other individual Personnel, th~ waiver of non~oml~ition and nonsolicitation restrictions contained herein shall remain in effect only for so long as such Personnel remain employed by Assignee. Except as provided in this paragraph, ell post-employment covenants, restrictions and 2 ~3/28/02 'i~U 15:02 FAX 267 675 6670 AND~RS;N 16H 3 004 obligations to which the Personnel who are hired by Assignee ired agreed in connection ~ their association with Andersen shall mnain in full force and effect for the terms specified in the individuals' employment (or parmership) relatio,~ships with Andersen, none of which will continue for more than eighteen (18) months after thc £ff~ctivc Date. With respect to Mary Ann Esposito, who has been opm-afing as an independent contractor to Andersen, Andersen will endeavor with her to enter into an alp~mnent, effective as of the F.l~ctive Date, to terminate that certain Consultant Asreement between Andersen and Ms. Esposito, dated Novem50r 1, 2001 and Andersen will raise no objection to Assigeee's ext~adin~ an offer of employment to and hiring of, or entering into other 0ontractual arrangements with, Ms. Bsposito. Co) Andersen maims no representations or warramias concerning the Pm~mel or Ms. Esposito, includins without limitation, that any or ali of the Personnel or Ms. Esposito will accept employment or remain with Assignee. (c). Assi~nee's d~isions to extend offers of employmant or to hire individual Personnel or Ms. Esposito shall be made in Assignee's sole discretion. Assignee acknowledges that Andersen has made no recommendations or othm-wise influenced Assignee's hiring decisions. Assignee shall have no obligation to make offers to or hire ali of the Personnel or Ms. Esposito and may, in its solo discretion, malco offers to and him less thsn all of the Pm'sonnel and Ms. Esposito. (d) Nothing in this Agreement shall be construed as creating a joint employer relationship lmtween Andersen and Assignee ~ Ballerd at any time for any purpose. (o) Andersen shall be solely responsiMe for. (i) payment of all wages and other remuneration to which the Personnel ar~ entitled through the Effective Date; (ii).payment for all accrued but unused vacation, sick time and oth~r paid time off to which the Personnel are entitled through the Effective Date; and (iii) provision of health plan continuation coverage in accordance w/th COBRA. 4. Intellectual Property (a) Andersen hereby grants to Assignee a royalty-free, worldwide, petpouml, non-exclusive right and license to use the Intangible Assets, "Intangible ,tssets' shall include all CtlS~mi_2~d so/~Vare ~00ls (e.g., . spreadsheet.% databases, macros, and the like), methodologies, processes, know-how and other inmilectual property necessary to the conduct of the Practice. The foregoing license shs!! not include any (a) "offthc shelf' software applications (e.g:, Word, Excel, Access, and the like); (b) intellectual property for which Andersen does not have the right to license or sublicense (and Andersen shall have no obligation to seek or obtain any such right); or (c) other assets which are not currently utilized in the Practice.. (b) Assignee and Ballard shall acquire no right, title or int~ms~ in and shall not use Andersen's name, tradename, trademarks, service maflcs, proprietary words, brand names, symbols or loges in any publication, press release, marketing material, web site or otherwise without Andersen's ~xpress prior written approval, which may 50 granted or withheld in Andersen*s sole discretion. The foregoing approval must 5= provided by Aodersen's Director of Brand Management and Marketing Operations or his/her designee or successor (currently Su=~nne Gylfe). Notwithstanding th~ foregoing, for a period of sixty (60) days after the Effective Date, Assignee may, without Andersen's consent, refer to itself, the 0~/18/02 THU 15:02 FAX 267 675 6670 ANDERSEN 16H 005 Practice and the Personnel as having been formerly associated with Ancle~sen; providev~ however, tha~ such rci'erences shall be limited to communications with existing or prospective clients and shall not be made in any widely dissmninated marketing matmials, advertisements or the like. S. Allocation of Fees (a) With respect to clients serviced by the Practice from its San Antonio, Trams office, Andersen and Assignee shall allocate the fees earned from such client according to the chart attached he, m~ as ~. On the Effective Date, Andersen shall pay to Assignee the sum of $18,500.00 for amounts billed by Andersen in excess of its agreed upon allocable share of fees. (b) With respect to clienu serviced by the Practice from i~s Philadelphia, Pennsylvania office, Assignee shall be entitled to retain up to $50,000.00 of' unbilled work in process for services performed, but not billed or collected, prior to the Effective Date. Il' Assignee collects any amounts in excess of $$0,000, Assignee shall promptly mimburs~ Andersen for ali actual payroll costs associated with such excess billinss, as reasonably determined by Andersen. Upon rcxlUeSt, Andersen shall provide reasonable documentation to support its determination of actual payroll costs. (c) If either Andersen or Assignee received payments from clients for fees that, under paragraph (a) or CO) above, are properly allocable to the other party, then Andersen or Assignee, as the cas~ may be, shall promptly pay such collected amounts to the other party. ,. (d) With respect to any accounts receivable or unbilled receivables, whettmr blued before or afire' the thTcctive Date, of which Andersen is entitled to an allocable portion under this Section 5, Assignee shall usc commercially reasonable effoffs, at no cost to Andersen, to collect all such amounts owed. 6. No Representations or Warranties Andersen makes no representations or warranties whatsoever concernin5 the Practice, including without limitalion, its past, present or future operations, financial statements, profitability, projections, prospects, assets, liabilities, cliants, partners, employees or otherwise. 7. Indemnificetion~ No Liubility (a) Except as provided in parapuphs Co) and (0 below, Assignee and Ballard, jointly and severally, shall indenmify, defend and hold Andersen harmless against all claims, damages, losses, coStS and expenses, including without lbnitation, reasonable attorneys' fees (collectively, "Losses"), which result from third party claims arisin$ out of or related to the Practice and which relate to acts or omissions which occurr~ on or afte~ tho Effective Date. (b) Notwithstanding the foregoing paragraph (a), with respect only to client contracts performed by the Practice from its San Antonio, Texas office, all of which are identified on ~ Assignee shall indemnify, defend end hold Andersen harmless against all Losses which resuk from fl~ird party claims arising out of'or related to only those client contracts identified on ~ attached hereto, regardless of' whether such Losses relate to acts or omissions occurring prior to, on or afar the Effective Date, 4 03/2~/02 THU 15:03 FAX 267 675 6670 ANDERSEN 16H 3 006 (c) Assignee shall indemnify defend and hold Andersen harmless against all Losses which result from employment claims aSainst Andersen arising out of or related to all decisions by Assignee (or by any a~eatt, promoter, organizer, founder or other person acting on Assignee's tlum prestmt or future b~halO to ~xtand offers to, not extend offers to, hire or not hire any or,he Personnel. (d) Except as pro.vide~! in paragraph (e) bdow, Anderson shall indemnify, defend and hold Assignee and Ballard harmless against all Losses which result from third party cbdm~ ariSin~ out of or related to the Pra~ice and which relate to acts or omissions which occurred prior to the ~ve Date, (e) Notwithstanding the fore{{oin8 paragraph (d), Andm~an shall indenmii~y, defend and hold Assignee harmless asainst all Losses whi~ result from third party claims arising out of or related to that curtain arrangement letter between Anderson and Chela Financial, Inc., dated September 18, 2001, regardless of wh~-ther such Losses rolatu to acts or omissions occurring prior to, on or after the £ffectiv~ (f) To receive the foregoing indemnification, the party seeking indemnification slud] promptly notify the other par~ies) in writing of a claim or suit and provide reasonable cooperation (et thc other parties' expense) and full authority to defend or settle the claim or suit; provided, however, that neither party shall be bound by any settlement agreement ente~d into without its prior written consent (g) Except as ~sly s~t forth in this Agreement, neith~ Assisnee nor Ballard is assuming any liabilities of Anderson and nothing in this Agreement is intend~cl, or shall bo c.0~ed, to produce a contrary result. (g) EXCEFr FOR ITS INDBMNIFICATION OBLIGATIONS SET I~ORTH ttERF.~, IN NO EVl/NT SH~.tt AND~ HAVE ANY MONETARY LIABILITY TO ASSIGNEE OR BALLARD ARISINO PROM OR RF. LATINO IN ANY WAY TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR STATUTE (INCLUDINO WITHOUT lIMITATION, NEOLIGENCE), OR OTHERWISE, ASSIGI~E AND BALLARD ACK~OWLP. DGB AND AOB.~I~ THAT ~ FOREGOINO SENTENCE REPI~'N'I'S TH~ AOR]~.D AND BAROAINBD-FOR UNDERSTANDINO OF THE PARTIES AND IS I~-.~SONABL~ IN LIGHT OF ~ PACT THAT ANDF~J~S]~ IS I~CEIVING NO PINANCIAL CONSIDI/P, ATION WITH RESPECT TO THE PRACTIC~. 8. Noncompetition For a period of two (2) years following thc Effective Date, Andomm agrees that it shall not provide Restricted Services to any Restricted Clients. For purposes of the foregoing, "~.e~tricred Services" shall moan arbitraga and consulting services of the type provided by the Practice within thc United States within tim one-year period immediately preceding the Effective Date and "Restricted Clie. t~" shall mean those clients of the Practi~ that arc identified on ~ euached hereto. 03/~8/02 THU 15:03 FAX 267 675 6670 ANDERSEN 16H 3 007 9. General (a) The tezms and conditions of that ~rtain Confidentiality A~'~',ment ~ Andersen and Ballsrd, dated November 27, 2001, shall remain in full forc~ and =fie, ct for a period of two (2) years following the FAY~vc Dam. Assigne~ hereby agrevs to be bound by thc terms of such Confidentiality Agreoment as if it were an original signatory thereto. The terms of this Agr~cment shall constimto Confidential Information for purposes of the ComCidentiality Agr~mant. (b) None of the Personnel shall have any authority to act or ,-~ke any representations or warranties on Aa. ders~n's behalf with ~espe~t to any matters pertaining to this Agreement. (c) Except as expressly set forth in Section 8 hereof, nothing in this Agreement shall limit or restrict either party from entering into or continuing any agreement, arrangement, relationship or other business opportunity, regardless of whether such arrangement would be similar to or competitive with the Practice. (d) All notices required m be given under this Agreement shall be sent to the addresses s~t forth 5elow. Such notioes shall b~ deemed to have been reocivcd (i) five business days a~ter deposit with the United States Postal Servio~ ff sent via certified mail with return re~.ipt requested; (ii) one business day after deposit with Federai Express or other reputable overnight courier servia; or (iii) one business day after ~rm~mission via electronic mail or facsimile providm] a rr~eipt confirmation is received and a hard cbpy is sent via one of thc fomgoin$ me~hods. Arthur Andersen LLP Attention: Eric P, Hdclstein 105 Eisenhower Parkway Roselend, NJ 07068 with a copy m: Ar~ttr Andem~n LLP At'~on: Omeral Counsel 33 W~at Monro~ Street Chicago, IL 60603 BondR~sour~ Partners, LP Attention: loan M. DiMarco c/o Ballard Spahr Andrews & Ingersoll, LLP 1735 Market Stm~ $1~ Floor Philadelphia, PA 19103 6 03/~8/02 THU 15:04 FA~ 267 675 6670 ANDERSEN 16H 008 3 "with a copy to: Sugsrman & Ms~ Attention: Louis N. Marks Robert Morris Building, I l~ Floor 100 North 17i Street Philadelphia, PA 19103 If to Ballard: Balisrd Spahr A~dmws & I~gm~oll, LLP Atter~ion: David L. Cohen 1735 Market Street, 51" Floor Philadelphis, PA 19103 with a copy to: Ballard Spain' Andrews & Ingm'soll, LLP Att~fion: John B. Wright, ii 1735 ~ Street, 51" Floor Philadelphia, PA 19103 (c) This Agreement shall be govemed by and construed in nccordance with the laws of the State of Illinois without reference to its ehoic~ of law roles. (f) This Agreement may not be modified except in writing signed by both parties. (5) If any of the provisions of this A~anent is held invalid, such provisions shall be deemed severed and the remainins provisions shall relnn!n in full for~ and effect. (h) Failure of any party to ortforce, in any one or more instanoes, any of the terms or conditions of this A~reement shall not be construed as a waiver of the future performance of any such terms or conditions. (i) This Agreement sets forth the entire understanding between the parties hewto and supersedes all prior asreements, arrangements and communications, whether oral or written, with respect to the subje~ matter hereof. No other asreemen~s, representations, warnmties or other matters, whether oral or written, shall be deemed to bind the partics hereto with respect to the subject matter hereof. 0) This A~-ement may be executed in one or more counterparts, each of which shall be deemed an original. (k) On or before the Effective Date, Assignee and Andersen shall enter into one or mor~ written agreements covering Assign~'s tempornry use of space and services at Andersen's facilities in Philadelphia, Pennsylvania nnd San Antonio, Texas. 7 I~oog IN WrI~SS WHBI~OI~, thc pmlies here~ haw excoutrd hkis A~rccm~nt as of the date first above Name: Eric P. Edelsmin Title: Pmlner BoNDP~OUI~CBPAI~TNEI~, LP By: BONDE~OUP-¢EPA~, LLC, its g~n,w~l psrmer Nme: lorn M. ~zo Title: Mv.,mg~g Pm'tne~ ,md By: _ Name: ~ M. Stcwar~ Title: Managing Partner BALLA~ SPAgl~ ANDES & INGBP, SOL,L, LLP By: Name: David L. Colma Title: Chairman 03/25/02 THU 15:04 FAX 267 675 6670 ANDERSEN 010 IN WITNBSS WHE~OI~, the parties hcreto have executed this Agmemcnt as of ~hc datc first above A~Tm~ AN~m~N LLP By: Name: Bric P. Edelstein Title: Partner B ONDI~SOU~C,V. PA~TNSI~, LP By: BONDI~SOURCE PA~Tt~SP.S, LLC, its general partner Name: Dianne M. St,:wart Title: Mavaging Partner BALLAI~ SPAHP. ANDI~WS & LNGBI~OLL, LLP By:_ Name: David L, Cohen Title: Chairman 03/28/02 THU 15:05 FAX 267 675 6670 ANDERSEN IN WITNESS WHBP.~OF, f~¢ parties hereto have cxccuied this A~,ement as of the date first abovc 3 By:_ Name: Eric P. Edclstein Title; Partner BONDR~OUI~CSPAI~TNE23, LP By: BONDRBSOUI~C2 PAI~, LLC, its ~cocral partncr Nalrm: ~Ioan M. DiMarco Title: Managing Partner and By:. Name: Di--ne M. Stewar~ Title: Man.gins Partner 03/Z8/02 15:05 FAX 267 675 6670 ANDERSEN 3 ~012 ~CmBIT B ASSIGNED CONTRACTS 1. professional Services A~reement between the City of Chicago (D~partment of Finance) and Arthur Anderson LLP, dated October 10, 2000. 2. Agreement for Arbi'n-aga Services between the City of Houston, Texas and Arthur Andersen T.LP. 3. Engagement letter between Collier County, Florida and Ardmr Andersen LLP, dated November 24, 1998. 4. Engagement letter between Ocena County, NJ nad Arthur Andersen LLP, dnted April 9, 2001. 5. Stat~ Contraot for Personal Services (Over $10,000,00) between University of Louisville nad Arthur Andersen LLP dsted October 1, 2001. N~pLe$, FL ~0~ 1 COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: x Normal legal Adve~t.~ment (Display Adv., location, etc.) [] Other: Originating Dept/Div: Transportation/Public Works Petition No. (If none. give brief descriplionl: n./a Person: Edxvard I. Kant. PE Date: 10/21/98 Petitioner: (Name & Address): n/a Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) n/a Hearing before x BCC BZA Other Requested Heanng date: (Based on adverlisement appearing I ays before heanng. /1 '// Newspaper, s) to be used: IComplete only. ff imporlam): x Naples Dally News x Other x Legally Required Proposed Text: (include legal descr/ptinn & common location & Size: Adopt an Ordinance amending Collier County Ordinance 92-22. as amended, the Collier County Road Impact Fee Ordinance. by revising Appendix "B" to change the legal descriptions of Road Impact Fee Districu 2.4 and 8. ' ~ Companion petition(s), if any & proposed heanng date: n/a Does Pehtion Fee include adveruslng cost'? [] Yes [] 163610-649100 ~.gY~-: ~/~ ~/ Reviewed by: .~.._~'~ ~_ ~ - 3~ -~' ~ Robert F. Fernandez Dive,on Head Date Coun~ Manager Date L~I Amc~en~: Exe~tive Su~a~; Map of existing Road Impact Fee Dist~cts; Map of Pro~sed Road I~act Fee DisMcu; Memo ~ June 17. 1998; Ordinance No If '~ es. '.,,'ha account should be charged for advertising costs: I 0 l- Approved by: DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one co)' and obtain D/vision Head approval before submitting to County Manager. Note: If legal document is involved, be sure that an)' necessary legal review, or request for same, is submitted to County Attorney before submitting to Count,,' Manager. The Manager's office will distribute cople~: ' x County Manager agenda file: to Clerk's Office x Requesting Division x Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY: lllllilllllllJllliiliilllllilllllllllllllllllllllllllllllllllll LOC~TION: ~ ~_/, ~= ~o.: J~~ COHHE:NTS .' ~ ~ ii111111111111111111111111111111111111111111111IIIIIII111111II, LOCATION: Collier County Courthouse FAX NO: (813) 77~-8408 PHONE'NO: (813) 77&~8406 nt: 1 7Amm November 3, 1998 Ms. Joyce Blazier Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to Consider an Amendment to Ordinance 92-22 Dear Joyce: Please advertise the above referenced notice one time on Friday, November i3, 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. 912984 NOTICE OF INTENT TO CONSIDER ORDINANC'~; Notice is hereby given that on TUESDAY, NOVEMBER 24, 1998, in the Boardroom, 3rd Floor, AdministratiOn Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 92-22, AS AMENDED, BY REVISING APPENDIX B TO CHANGE THE LEGAL DESCRIPTIONS TO ROAD IMPACT FEE DISTRICT 2, ROAD IMPACT FEE DISTRICT 4, AND ROAD IMPACT FEE DISTRICT 8; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. N(YrE: All persons wishing to speak on any agenda item must register with the County administrator ~rior to presentation of the agenda item to be addressed. Individual Speakers will be limited to 5 minutes on any item. The selection of an individual to Speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COM]4ISSIONERS COLLIER COUNTY, FLORIDA BARBARA B. BERRY, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Ellie Hoffman, Deputy Clerk (SEAL) ORDINANCE NO. 98- --- 1 AN ORDINANCE AMENDING COLI.IER COUNTY ORDINANCE NO. 92-22, AS AMENDED BY REVISING APPENDIX B TO CIIANGE THE LEGAL DESCRIPTIONS TO ROAD IMPACT FEE DISTRICT 2, ROAD IMPACT FEE DIS'IT, ICr 4, AND ROAD IMPACT FEE DISTR1CT 8; PROVIDING FOR CONFLICT AND SEVERABIL[TY; PROVIDING FOR INCLUSION IN TIlE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS. on April ]6, 1992, Ibc Board of County Commissioners adopled Ordinance No. 92-22, entitled Ihe Rnad Impacl Fee Ordinance; and WHEREAS. ~hc Board of Counly Commissioners desires Io change Iht Impact Fcc District boundaries. NOW, TIIEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, Ihal: SECTION ONE: AMENDMENT TO APPENDIX B OF COUNTY ORDINANCE 92-22, AS AMENDED, TO CUANGE THE LEGAl. DESCRIPTIONS TO ROAD IMPACT FEE DISTRICT 2, ROAD IMPACT FEE DISTRICT 4 AND ROAD IMPACT FEE DISTRICT g. Appendix B oFCounly Ordinance No. 92-22, as amended, shall he amended as follows: See Appendix B altached. SECTION TWO: CONFLICT AND SEVERABII.ITY. In Ihe event Ibis Ordinance conflicl$ with any other ordinance of Col fief County or o~her applicable law, ~he more reslrictive shall apply. If any phrase or portion of Ibc ordinance is held invalid or unconstituliona[ by any courl of competenl jurisdiclion, such porlion shall be deemed a separate, distinct and independent provision and such holding shall not alTect Ibc validii'y of Ibc remaining SECTION THREE: 1NC[.US[ON IN TIlE CODE OF I,AWS AND ORDINANCES. Tho provisions oFIhis Ordinance shall become and he made a pall of thc Code of Laws nnd Ordinances oFCollier Counly, Florida. 'Die seclions oflhe Ordinance may be renumbered or rcleltcred ~o accomplish such, and thc word "ordinance" may be changed to "section", "arlicle", or any other appropriale word. SECTION FOUR: EFFECTIVE DATE. This Ordinance shall become effective upon filing wilh Ihe Deparlmenl oFSlate. PASSED AND DULY ADOPTED hy Ihe Board oFCounty Commissioners of Collier County, Florida, this_ -- dayoF , 1998. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COI.LIER COtINTY, FLORIDA Approved as to form anti legal sufficiency: ~ ~lcidi E. Ash~on ~ i 5 3 INDIC.ATE$ DISTRICT NUMBER INOIC.ATES DISTRICT BOUND.ART WestErn ColliEr (:ountu Florida O¢lg~nal :~. ?. ATTACHMENT NO. -- PAGE I.~O~ROE COUNTY II{DICAT[S gOAD IMPACT FEE DISTRICT MOHBmm TO: RE: DATE: COMMUNITY DEVELOPMENT AND ENVIRONIqENTAL SERV-/CES ENGINEERING REVIEW SERVICES Edward Kant, P.E. Transportation Services Director Thomas E. Kuck, P.E. '~ Engineering Review Services Manager June 27, 1998 ~d, we would llke to suggest that Transportation Services consider taking i~ediate action to change the boundary of Road Impact Fee District No. 8. Currently areas b~ing developed and proposed to be developed lying east cf C.R. 951 and nor:h of U.S. 41 are exempt from paying Road Impact Fees. £xamples of these projects include the fcIlowlng: ~ood...,d Lakes: Currently bein$ developed - 450 residential units - ~o Road impact Fee Loss Revenue ~ $400,000 Curren:ly under permitting stage No Road Impact Fee Loss Revenue · S?50,000 residential units - Golf Course - 45 holes Los~ ~evenue · $3,600,000 Proposed Pro]eot by Vineyard, s - Est:mated 1400 residential un,ts Currently exempt from Road impact Fees Loss Pevenue * $1,500,0C0 The ~receding examples reinforce the need to :hange the Road Impact Fee DLstrict ooundarles. At=ached is a sketch cf a recD,=ended change which wo~id ex=end Road Impact ~ee boundaries 4 miles east of C.R. 951 and 4 miles north of U.S. 41. D~s%rlrt 4 and Dlstric~ 2 boundaries could be extended to include If you should have any questions ant/or if we may be of assistance, please co: Vincent A. Cautero, Administrator Robert Mu!here, Planning Services Director [A A I 5'ql' NO. ORDINANCE NO. 95- AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 92-22, AS AMENDED BY REVISING APPENDIX B TO CHANGE THE LEGAL DESCRIPTIONS TO ROAD IMPACT FEE DISTRJCT 2. ROAD IMPACT FEE DISTRICT 4. AND ROAD IMPACT FEE DISTRICT 8; PROVIDING FOR CONFLIC'r AND SEVERABILITY; PROVIDING FOR INCLUSION IN TttE CODE OF LAWS AND ORDINANCES; A~'qD PROVIDING FOR AN EFFECTIVE 9 DATE. ; I WII EREA.$. on April 16. 1992. thc I~ard of Coonly Comnaissionei-$ adopted Ordinance No. 12 92-22. tmtltled the Road Impact Fee Ordinance; and l} WHEREAS, the Board of County Commi~ioner~ desires lo change the Impact Fee District NOW. TIIEREFORE, BE IT ORDAINED BY TIlE BOARD OF COI.~'TY COMMISSIONERS OF COLLIER COUNTY. FLOMDA. that: SECTION ONE: ,LMENDMENT TO APPENDIX B OF COUNTY ORDINANCE 92-22, AS AM ENDED. TO CHANGE TIlE LEGAL DESCRIlVT'IONS TO ROAD IMPACT FEE DISTRICT 2. ROAD IMPAC-r FEE DISTRICt 4 AND ROAD LMPACT FEE DISTRICT 20 Ap~-ndia B of Co~ty Otdm,~'~c No. 92-2~ as amcmtcd, shall be amended as follows: SE{'IION TWO CONFLICt AND SEVERABILITY 2) In the e~,ent thl~ (.,h'thnar~ce confl~ctl ~,ith any other ocdinance of Collier County or other 2a apphcable law. thc mote r~tnc'~tv¢ ~hall apply. If any phras~ or portion of the ordinance is held invalid or unconstitutional by any cotu't of competent juri~iiction, such portion shall be deemed a ~epatate. dllll< a~d iMe~'~deri! p~'ovisJoll arid ~ch holding ~,hal[ not affex:t the validJty of the remaining 21 SECtION TIIREE INCLUSION IN TIlE CODE OF LAWS AND ORDINANCES. 29 The pro~ lIl(~r~ of thst Oral,mince shall become and be n~d¢ a part of thc Code of Laws and 30 (-)tdm~m:¢~ of Colh~' Coun{y, Floc~da. Thc ~ectiorm nf thc Ordinance may be rrnumbered } I to accomplish ~uch. and the wo~d 'otd~rmno¢' may be changed to 'section'. 'article', or any other J2 appropriate wold. )) SECTION FOUR: EFFECTIVE DATE. ~4 'J his OrdiJa.arlcc ~hall become cffect~ve upon filing ~.lth thc Department of Slate. L' PASSED AND DULY ADOi'rTED by the Boa.rd of Count.',' C'ommi~ioners of Collier Count.'.', !t, Florida. this ____ day of_ . 1998 A~FEST: DWIGIIT E BROCK. Clerk 41 By: .... Ap~'oved ~ ~o fon'n and legal ~ fficicnc~, .,~$i~.ant Co~mty Attorney. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ITA'N lllll I I II L I IIII J , I 1 &pnendi, x El! -. ~ ROAD IMPACT FEE DISTRiCT 2 LEGAL DESCRIPTION 1 ?A' MI. o.n. '~,'. c~., r'~.:Mr, ...... c~....;a~. ,~ .... ~ .... ~- -~-~ ~:.~ ~r e~,:~.. 2221 20 ! ::!~ .-.:?.!r- g ' !9; ,~ ,~: ~,.~r ~r .t.~.:X!~; ,~.. :]~...~ ,~_ r',..,e .-,r ,,¢..: ..... s...,., o~ e ...... ~,.: .... Beein al the r)oinl of intersection of Counw Road 951 and Pine Ridee Road 8961: thence run southerly alo,g County Road 9~I to the intersection of Interstate {S.R. 931: lhenc¢ southeasterly aod ~aster}y alonR Imerstate 75 to the northeast co,et Of Section 5. Townshio 50 South. Ran~ze 27 East: thence southern alon~ the east line of Sections 5.8 and 17 lo the southeasl comer of Seclion 17. said Townshio and Range: thence easterly alonsz the south line of Sections 17 and 15 to the southeast comer Section 13. Townshiv 50 South. Ran~,e 26 East theace western alon~ the south line 9f oo B-1 Sections 13. 14. 15. 16. 17 and 18. Townshio 50 South. Range 26 Ea~; to thc nQrthwe~t comer of Section 19. Township 50 South. Ranc,¢ 26 East: thence southerly alonR the west linc of Sections 19. 30 and 31 to thc Southca~ comer of Section 36. Townshiv 50 South. Ran£e 25 East: thence westerly alomt thc south line 9£ said Section )6 to thc .~outhwest comer of Segtio~l ,30; lh~ce north~l¥ alor;g the west line of said Section 36 to the northeast comer of Section 35. Townshit~ 50 South. Ranee 25 East; thence westerly alone thc north line of said Sgction$ ,35 and 34 to thc mean high water line of the (~ulf of Mexico: thc-ncc meander northwesterly alorlg ~id mean high water linc to the westerly nroloneation of Sca~tat¢ Drive: thence easterly along Sea,ate Drive and Pine Rid~z¢ Road t t ~o ' ' Los and excent all land~ Ivine within the municioal boundaries of the City of Nanle$. I ROAD IMPACT FEE DISTRICT 4 LEGAL DESCRIPTION ~S Be~in at (hc ~int of int~(iop of thc north linc o~ S~tion 34. To~shJ South. R~uc 25 I~t. CoIli~ ~ountv, FIo~da ~d the mcan hi~ ~at~ line Of the Mexico: thcncc ~n c~tcrlv along Ih~ ~Q~h linc of said Section 34 and S~tion ~ said To~shi~ and Ran~c to ~hc no~hc~t com~ of said S~tion 35: th~cc ~uth~lv alg~ thc c~t linc of~id S~tion 35 lo thc ~uthwcst comcr of Section 36. To.ship ~0 South. R~c 25 E~t: th~cc C~t~ly along thc ~uth linc of S~fion 36 to thc ~u~c~t c~ 'i. of Section 36; thc'ncc northerly al~log thc ca~1 lines of .~ections ,36, 2~, and 24 to the northwest corper of Section 19. Township 50 South. Range 26 East; thence c~t~ly along thc north lines of Sections 19. 20. 21.22.23, ~d 24, Township 50 South. Ranf[c 26 East 19 thc northwest com~ of ~ecfion 19. Tovmshio 50 South. Ram, c 27 East; thence easterly alons~ thc north line of .~tig~ 19 and 20 t¢ thc ngrthcast Comer Of said Section 20: three .southerly along thc east linc of said Sectign 2¢) to thc northwe~;t comer of ~;ection 28; Ihcncc easterly along thc north linc o£ said $ccdon 28 to thc northeast comer of Sc'ction 2~; Ihcncc soulhcflY along thc cast li~¢ of ~cction 28 to the northwest comer of Section .3-1; thence easterly alum, lhe north line of Section .34 to thc northeas! comer or' Section 3-1; thc-ncc $outhcl'J¥ alons~ the east line of ~cction ,34 to the n~rthwes~ comer of Section 2. Township 51 South. Range 27 East: thence easterly alon,, the north line of said Section 2 to thc norther, st comer of Section 2; thence southerly along thc earl line 9_£ Section ~ Io Ibc southwest comer of Section I: thence e~sterl¥ alomz the so~th line Section I, Townshin 51 South. Range 2.7 East I0 thc northwest comer of Section 7. Townshio 51 South, Range 28 East' thence e~,.,~erlv alons~ the north line of said Section 7 to the northcasl comer of Seclion ?~ thence southerly :,lons~ the east line of Section 7 go !he northeast cor~cr of Seclion 18: th~ce continue southcrh' alons~ thc e~t line ol' Section 18 to thc nonhc~t comer of Section 19. Township 51 South. Ramze 28 EaSt; thence westerly along Ibc north line of said $~tion 19 to thc northwest comer I 9; thence soulherlv alem, the west line of ~;~tion 19 to thc northeast comer of Section =5. Township 51 South. Ran,,e 2.7 East' Ihcnce westerly alomz the north line of said Section 25 to the northwest comer of Section 25; thence southerly alomz the west line ot' Section 25 to the southea$! comer of S~tion ~6; thence westerly alomz the south line of B-4 Section 26 to the cenlerline of State Ro~ 90 {U.S.41 ): thence northwesterly alon,, ai4 cemerline of State Road 90 to the ~int of ir~tersection of State Road 92~ thence southwesterly alon~ the centetline of State Rvad 92 to the centerline 0f t~e lBi~ Marco River:. thence meander r, outhel~'lerlv alon~ the centerline of the Big Marco River t9 the southern tit~ of Cave Romano: thence mean~t~ northwesterly alon~ the mean hiv. h walcr line of the Gulf of Mexico to the ~oinl of beginning. IIII 17Aa i. ROAD IMPACT FEE DISTRICT 8 LEGAL DESCRIPTION ................ ~ ..................................... ~ ...... ~ ..... ~::=~:: cf E'.'crg~ City. Be~in al thc ~inl of inter~tion of Oil Well Road {C.R. 858} and the w~t line of H~dm County: thee ~uth~lv. ~t~lv ~d ~uth~lv alonR Colli~d~ CounW line: lo the w~t line of D~e County: three ~utherlv alon~ the Colli~ad¢ Coun~ line to the Mo~ County line: thee w~t~Iv alon~ the Colli~on~¢ Coun~ line tO the m~ hieh wat~ line of the Golf of Mexico; thence northwardly to the ~u~ ti~ 1 7A"m State Ro~ 92: th~cc no~h~t~lv alon~ thc c~t~linc o~ ~tatc R~ad 92 tO ~a;c 90 (U.S.41): thence ~uthc~tcrlv alon~ State Road 90 to thc ~uthwcst com~ of ~CCti~ 26. To.shiv 51 South. Range 27 ~; th~cc ~t~lv alon~ thc ~uth linc of S~tion 26 to thc ~uthc~x com~ of S~tion 26; th~cc noah~lv alone thc c~t linc Of ~cc~i~n 26 thc northwest com~ of S~tion 25. To~shiv 51 South. Range 27 E~t; thence e~tcrly ~n~ thc no~h linc of S~don 25 Io Ihc ~uthc~l comer of S~tion 24. Townshiv 51 South. Ranuc 27 E~I: Ih~cc no~h~lv alone thc c~l linc Of ~ection 24 to thc poahw~t com~ of S~lion 19. Townshiv ~1 ~ulh. Rmec 28 E~I: th~cc c~t~lv alon~ ~c ~o~h linc of S~6on lo lo ibc ~ulhc~l comer of Scclion 18, Township 51 South. R~e~ 28 E~t: lhcncc no~h~lv alon~ thc c~t linc of S~lion 18 and Section 7. Townshio South. Range 28 E~I lo thc nonhc~l com~ or.id Section 7; thence westerly alon~ Ihe north linc or ~id S~lion 7 to Ibc lo thc nonhc~/comer of Section 12. To--hip South. R~ec 27 casl: th~cc con0nu~ w~lv alonu thc north of said S~tion 12 ~o the wulhc~l com~ or s~lion 2. Townshin 51 South. Range 27 E~t: three no~h~lv alopg thc cml linc of said S~tion 2 to thc ~ulhc~t com~ of S~tion 35. To~hio 50 South. Range 27 E~t: three w~t~lv alonR thc ~uth line of said S~tion 35 to thc com~ orS~tion 34. To.shiv 50 South, Range 27 E~t; thence nonh~lv alon~ thc ~t linc of ~id S~tion 34 lo thc ~uthc~I comer of ~cction 27, Townshi~ 50 Sou~. ~e 27 E~t: th~cc w~tcrlv alonu thc no~h linc of Sccuon 27 lo thc ~uthc~t com~ S~tion 28: thee nonh~lv alon~ Ihc c~t linc of said S~tion 28 to ibc nonhc~t com~ of S~lion 28: three w~lv alon~ thc no~h linc of S~tion 28 to thc ~u~ ~mcr B-7 1 7A4m . of Section 20. Townshio .~0 South. Ranec 27 East: thcncc northerly alone thc cast linc~ <;)f Sections 20. 17. 8 and 5 of Townshio 50 South. Ranec 27 East. to thc ccntcxlinc 0f Interstate 75 (S.R.931: thencc ~'~erlv alomz thc ccmerlinc o~'~r~t~q'~tate 7:~ to th~ e~t linc of Ranec 28: thence northerly alon,, thc cast linc o£ said RanEc 28 to thc ccntcrlinc of aforcsaid Oil Well Road (C.R.8581: thence easterly alone thc ccntcrlinc of said Oil well Road to thc ooint o£bc~zinnine. Less and exccot all lands Ivimt within the municir~al boundaries of Ever£1ades City. W~st~rn Collier C:ount~l Florida 17A~ LEE 8 L ORDINANCE NO. 98- AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 92-22. AS AMENDED BY REVISING APPENDIX B TO CHANGE THE LEGAL DESCRIPTIONS TO ROAD IMPACT FEE DISTRICT 2, ROAD IMPACT FEE DISTRICT 4, AND ROAD IMPACT FEE DISTRICT 8; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES: AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on April 16, 1992. thc Board of County Commissioners adopted Ordinance No. 92-22, entitled the Road Impact Fee Ordinance; and WtIEREAS. the Board of County Commissioners desires to change thc Impact Fee District boundaries. NOW, THEREFORE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: AMENDMENT TO APPENDIX B OF COUNTY ORDINANCE 92-22, AS AMENDED, TO CHANGE THE LEGAL DESCRIPTIONS TO ROAD IMPACT FEE DISTRICT 2, ROAD IMPACT FEE DISTRICT 4 AND ROAD IMPACT FEE DISTRICT 8. Appendix B of County Ordinance No. 92-22, as amended, shall be amended as follows: See Appendix B attached. SECTION TWO: CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with my other ordinance of Collier County or other applicable law, the more restrictive shall apply. Ifany phras~ or portion of the ordinance is held invalid or uncon~.itutional by any court of compolent juri~lictiou, auch portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. Thc provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County. Florida. Thc sections of thc Ordinance may be renumbercd or rclettered to accomplish such. and thc word 'ordinance' may be changed to 'section~. "articlc~, or any other appropriate word. SECTION FOUR: EFFECTIVE DATE. This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board o£County Commissioners of Collier County. Florida, this ~,7,~ day of~'~ 1998. .,'3,'ITEST: DWIGHT E. BROCK, Clerk App~v~ ~ t~ ~]~, ~c~l suffici~qy: H~di F. A~i~mt Count~ Altom~ 1 BOARD OF COUNTY COMMISSIONERS _ . ~ ROAD IMPACT FEE DISTRICT 2 LEGAL DESCRIPTION . . ..... ~,~,. -~...,-=,. .~. .... ,.---, ...... c ~';^n 22. Tcm=:~p Bcein at thc ~inI of inio~ciion of County Road 951 and Pine Ridec Road (~.R, g96}: th~cc mn ~uth~lv alonl Coun~ Road 951 ~o ibc ini~tion of Int~talg (S.R. 93}: thence ~uthe~t~[y ~d gmt~ly alpng Intestate 75 to thc noah~ S~tion 5. To~mshiv 50 South. R~e 27 ~t; Ih~ce ~utherlv alone Sections 5.8 and 17 to the ~uthe~t ¢om~ of Section 17. said To.shiv ~d three e~t~lv alon~ the ~uth line of S<tions 17 ~0 18 to the ~uth~t com~ S~ion 13. T~mshiv 50 ~uth. R~Re ~6 ~; three westair alon~ B-1 Sections 13. 14. IS. 16. 17 and 18. Townshio 50 South. Range 26 East: to the northwest comer of Section 19. Townshio S0 South. Ranl[e 26 East: thence southerly alorig thc west linc of Sections 19. 30 and 31 to thc s~ulheasl comer of Section 36. Townshio $0 South, Ranee 25 East: thence westerly alone the south line of said Section 36 to the s~uthwest comer of Section 36: thence northerly aloni the west line of said Section 36 to the northeast comer of Section 35. Township .50 South. Ram, e 25 East: thence westertv alonv thc north linc of said Sections 3,5 and ,34 tO the mean hi~ water line of the Gulf of Mexico: thence meander northwesterly alone said mean hiv. h water line to the westerly vroloneation of Seastate Drive: thence easterly alone Sea£ate Drive and Pine PJdff¢ Road Less and excent all lands Ivine within the municival boundaries of the City 9f Naples. ROAD IMPACT FEE DISTRICT 4 LEGAL DESCRIPTION T~;:'7.':!:i;: .~O e..":.:'.h, R:.':.g: 2~ E=:. Ce!!!~ Ce'-.':.',)', F!e.'-i:~: a.':.-4 the ;~'-'::.% e£th: nc i. ,~. .... t .... Ce-'.-.:}' ~ ~n4 n,: ~, .-..,,._., .... e .... D ~..~ nn {~ t ~e.,, ,,. ,t. ..... e ....~,._4 ,,,~ ..... ,. ...... , .... c ....~'--" -n2; :.'::.-.:: :.!cng £:::: P.:::~ n',, ....,,. ..... ,_,.. :er'_ :_er ..:.-.."'ne":' , ,~.----.. ..... . :!:.~g .t._.... ':.'::--:: sC ;he C'-!f ef M:::!::, .':::':h'.':.-';...-::.'? :__. Begin at thc point 9f int~tign of Ibc north line of Section 34. Township Sou~h. Ranec 25 East. Collier County. Florida and thc mcan high water linc of thc Gulf0f Mexico: thc'ncc mn easterly alon, thc north linc of said Section ~4 and Section 3S said Townshio and Ran,c to thc northeast comer of ~id Section 35: thence southerly thc cast linc of said Se¢ti0n ~;~ tO thc ~uthwesi cgm,;r of Section 36. Townshi,~ 50 South. Ranee 2S East: thence easterly alon£ thc sguth linc of Section 36 to thc southeast comer " 17A ,,,,; of ~ection ,t6; thence northerly alon~ thc cast lines of Sccfions 36. 25. and 24 to northwest comer o['Scction ]9, Township 50 South, Range 26 Eastl thence easterly along thc north lines of Sections 19. 20. 21.22, 23. and 24. Townshio 50 South. Ranlze to the northwest comer o£Secfion 19. Township 50 South. Range 27 E~t; thence casto.]¥ alonlz thc north linc Of Sections 19 and 20 tO thc northeast como. o£ said ~;¢Cfion 20; thence ~outhcrly along thc cast tine of said Section 20 to thc northwest comer q£ Section 25; thcncc easterly alon~, the north linc of said Section 28 to the northeast como' o£ Section 28: thc'ncc southo-lv alonv the east line of ~;~Ction 28 to the northwest comer of Section 34: thence easterly alon~ the norlh line o£ Section 34 to thc northeast como. of Section 34: thcncc southcrJv alonv thc cast line of Section 34 to thc northwest comG 91' Section 2. Township 51 South. Ramtc 27 East: thence castcrlv alon~ thc north line of said Section 2 to thc northeast como. of Section 2: thence southerly alomt thc ca~t linc of Section 2 to thc southwest comer of Section 1: thc-ncc easterly alon~ the south line Section I. Townshio 51 South. Ram, c 27 ~.nt tO thc northwesl comer o£ S~:lion Townshin 51 South. Ran~te 28 East; thence easlo.lv along the north line of said S~:lion 7 io thc norlhcast comer of Section 7; thence southerly alon~ thc cast line of S~ction 7 thc northeast comer of Section 18: thence continuc southerly alon~ thc ca.nt line of ,~ection I8 to thc norlhca~t comer Of :~ection 19, Township 51 South, Range 28 Ea~; thc'ncc westerly alonit the north tine of.~aid ~;cgtion 19 to the northwest comer of Section 19: thence southo.lv alomt the west line of Section 19 to the northeast comet of Section 25. Townshin 51 South. Ran£e 27 East: them;e westerly aloha the north line of said Section 25 to the northwest como' of Section 25; thence southo'lv alon~ the wv'st line of Section 25 to the .~utheast comer of Section 26: thence wcsto'lv alon~ the south line of I?A Section 26 to thc centerlinc of State Road 90 (U.S.41); thence northwesterly along said centcrlinc of State Rg):gt 90 tO thc point of intersection of State Rgad 921 thence southwesterly alon~; the centcrlinc of State Road 92 to the centerline of thc Bi~ Marco River:. thcncc meanglcr r, outheasterlv alonlt thc ccnterline of thc Big Mare<:) R~ver to th,' southern rio of Ca~ Romano: thence mean<tCl' B<)rthwesterlv alone thc mcan hi,th wat-'r line of the Gulf of Mexico to thc tx)iht of beginning,. 17A ROAD IMPACT FEE DISTRICT 8 LEGAL DESCRI?T]ON ......... · .......................... , ........ ,:-...:.::.:..s:. :> ...... · .......................................... 8etin at the ~int o£intcrscction o£0~1Wcll Road (C.R. $58) ~d the west lin~ ~I' Hcndrv County: thence southerly, easterly and southerly along Collicr/Hendrv Count, line: to thc wesl line o£ Dad¢ County: thence southerly alone thc CollierfD~e Cour~ty line Io thc Moru'oc County linc; thence westerly alon,, thc Collier/Moru'oc County lirl¢ thc mcan hie. h water line o£lhc Oul£ o£ Mexico: thence norlhwcst~iv to the southern tip 17A '"' i of Cat~e Romano; thence northeasterly to the centcrline of thc Big Marco River; thence meander northeasterly along the centerline Of the Big Marco River to the centerline of State Road 92; thence northeasterly along the centerlJne of State Road 92 to State Road 90 ¢U.S.41 ); thence SOutheasterly alon~ State Road 90 to the southwest comer of Section 26. Township 51 South. Ranee 27 East: thence easterly alomz the south line of Section 26 $o the southeast comer of Section 26; thence northerly along the east line of Section 26 tn the northwest comer of Section 25. Township 51 South, Ran~,e 27 East; thence easterly alone the north line of Section 2,5 to the southeast comer Of Section 24, Township 51 South. Ranee 27 East: lhence northerly along the east line of Section 24 to the northwest comer of Swtior~ 19, Township 51 South, R~ge 28 East: thence easterly alon~, the north line of Section 19 to the southeast corner of Section 18. Townshio 51 South. Ranee East: thence northerly along thc cast line of Section 18 arid Section 7. Township ,51 South. Ranee 28 East to the northeast comer of said Section 7: thence westerly alone the north line of said Sectiop 7 to lh~' t9 the I~ortheast comer of Section 12. Township ;51 South. Ran,,e 27 c~t: thence conlinue westerly alon~ the north of said Section 12 tO the southeast comer of Section 2. Townshin ,51 South. Range 27 East: thence northerly alont, the east line of said Section 2 to the ~utheast comer of Section 3,5. Townshit) 50 South Ranve 27 East: thence westerly along the ,south line of said Section 35 to the southeast comer o£$ection 34, Tov,'nship 50 South, Range 27 East; thence northerly alonlz the line of said Section 34 to the southeast comer of Section 27, Townshio 50 South, Ran~- 27 East; thence westerly alone the n(?rth line o1' Section 27 to the southeast comer of Section 28: thence northerly alon~ the east line of said Section 28 to the northeast comer of Section 25; thence westerly alon,, the poi'th line of Section 28 to the southeast comer ' ' ' c er he e ' o · 20 7 d fT' ut an 27 as to the ¢ t i e f I t 7 . * t c t t cent line o ntcrstate to t east inc · a ' o i e2 to thec line of · ·W ' a t ' ' ' el t ~ ' i in. · ' ' u i ' al bou ' f v lades W~st~rn ~ Colli~ Count~l ~' Florida Ri~OE 17t~ I~DICIT~ ~,011) I.~PACI PI[ DI$~ICT ~ 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. 98-92 Which was adopted by the Board of County Commissioners on the 24th day of November, 1998, during Regular Session. WITNESS m~ hand and the official seal of the Board of County Commissioners of Collier County, Florida. this 25th day of November, 1998. DWIGHT E. BROCK._. Clerk of Courts and.~ierk '- Ex-officio to Board .6f B .~ureen Kenyon' , .. ' ~' ~ Deputy Clerk~ '.'.~. FO I0~ &1~016 OH: 11/0~ COLLI£R COUNTY FLORIDA REQUEST FOR LEGAL ^DVERTISING OF PUBLIC IIEARING.% To: Clerk tn Ihe Board: Please place thc f~dlm*in~ a,s a: XXX Nam'ell Icg~ll Ad','crhscmcnf {Displa', Ad'*' location, crc ) ~ ()lbcr Originating Dcl~/D,v Corem Do Scr~ /Planning Pct~,n v~, ~ '~:;~.~l,t.,.~,~,,..~ Dalc lOI 14! Pclitioncr tNamc & Addr~s) [_)~a__n~_ [.Lm_~lc~d_P_rLncr~,h pL-._~ Ni~_~_lg~T_crrn~.cc. N;~DIc$. FL ~4 IO~ Na~ & A~ of an) ~nil) Io N ~1~ ~ Clerk's ()fficc Hr marc space ~s ~c~. allah ~[c s~l} N. Paul FJ}i~. E~u~rc, ~J~bcr &_~n F~.~O~O~ ~n~,al ('cm~r~ 21 ~ ctlc Road. ~ui~c 305. NaDir, ~ 34102 XXX Naples Dajb Ncsss OH~cr [] Lz:g,'lll~,' Required ~ Tcx~ (1~1~ lcfii ~npuon & comn~n I~,on A S~zc ~lOn No SV-9~-3. N. Paul ~n Fili~. E~uim. of ~n~kcr fl~ ~ln Fih~. f~llnk ~q~ Lamll~d Pan-7~p, r~l~Ung a 5 f~ vana~ f~ I~ ~ui~ ~lii~ for signs To l0 f~ 19 ~ I~l~ al g77 I I I~ A~n~ ~h~lgn~, T~nLhip 48 ~th. ~n~ 2~ C~nion ~m~(s). ffany & pr~ ~rtng ~ P~iI~ F~ I~l~ ~vcmssng ~ ~ ~ No If Yes. ~sb.~l ;~c~nl ~t~ld ~ cbarg~ for ~:.tslng DlvlsJon Head Dale Llsl Altachrncnls {.'oiJnl~. ~.l,lnagcr Date .DI~;TRIBUTION INSTRUCTIONS .4. For hearin~.~ before BCC or BT~.: Initiating pcr~m to coml)lct¢ nnc cos and obtain Division licad approval ~fore mbmittin~ to C~nt~ M~nager. Note: If legal d~umcnt is insohcd, b; sure thai aris n~essa~ legal ~ or ~quot for ~me. Is mbmltted In C~mnt? Atto~e? Iwforc suhmillinR to ('~mnl) Nlanagcr. The ~lanagcr's o~ce will dist~bute cop~: [] Count) ManaRer agenda flit': Clerk '~ Oflice L~ Requc~.linl[ I)i~,i~ion [] Original B O~her heanngs Inmatm8 Dtsls~on I~qd Io :Jpprox c and submJI ongmnl Io Clcrk's Office. relainmg a copy. for file FOR CLERK'S OFFICE USE ONLY: RESOLUTION NO. 98- RELATI~;G TO ~ETITION NUMBER SV-98-3, FOR A SIGN VARIANCE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, ~oordinate and enforce zoning and such business regulations as are necessary for the protection of the public, and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances, and WHEREAS, the Board of Zoning Appeals being the duly elected constituted 8oard of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a 5 foot variance from the 15-foot setback established for signs to 10~feet as shown on the attached plot plan, Exhibit "A", in a C-3 zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County, and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled and the Board having considered all matters presented, NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County, Florida, that: The Petition SV-3 filed by N. Paul San Fllippo, Esquire of Seidensticker and San Filippo, representing Doane Limited Partnership with respect to the property hereinafter described as: Exhibit "B" be and the same hereby is approved for a 5 foot variance from the 15- foot setback established for signs to 10-feet as shown on the attached plot plan, E×hibit "A", of the C-3 zoning district wherein said property is lccated, subject to the following conditions: The height of the sign shall not exceed I0 feet and the copy area of the sign shall not exceed 50 square feet. BE iT PESOLVED that this Resolution relating to Petition Nu~%ber SV-98-3 be recorded in the minutes o~ 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: MarJc~ie M. Student Assistant County Attorney -2- EXHIBIT "A" F~ A.~STA~ ~' l~.O2 ~l~Ef fO AN-~R~C~ ~IH PR~aAn~ ~ n~E ~S~Y RI~Y-~-WAY LIHE ~ TAhiti mail ~SIAN~ ~ g4.01 FEET ~0 AH ~C~ Bg~'30' ~ST C~NUINC AL~G SAID ~'RLY RIGHF- ~-WAY lAND. IH~'NC~ NORTH ,R~"~O'JO' ~SI' CONflNUINC ALONG SAID NORT}.II~RL Y tTICHT-OF'-WA LINE f~ A ~STXNCE ~ 15.55 FEET: ~N~ ~,45~0'22' ~SI C~r~UINC ALPC ~10 N~ERLY RIGHI-OF-WAY ~N~ N~r~ abe'S' ~ST C~rWU~NC ALPC SAID N~ERLY RICHT-~-WAY ~ r~ A ~STAN~ ~ 132.~ ~ LEA~NC SAID N~E~LY LINf N~TH ~'4J'07' ~S[ F~ A DISTANCE 247. e2 ~N~ S~TH ~'4J'07' ~AST ~ A ~SfANC~ ~ 2.~ ~N~ N~flt 8gqfi'SJ' ~AST FOR A DISTAN~ ~ IB.~ [~N~ S~TH 00'4J'07' EAST ~ A DISTANt' ~ 2J2.42 FEE r ~NNING: CONTAINING D. 926 ACAES O~ LAND. &IO~E ~R LESS, SL~I~Cr TO EASEMENTS AND REsmlcnONS Or R~CORD. AONOId. BARBER k DR'tJNDACE, iNC. ~)t*ES~ONAL [NCINE.'ERS, PL~NERS~ND LAND SURVEYORS (including this c~ver) ]~l_.lllillilliJlllilllilliliilllllllllilllllllllllllllllilllllll Iliillllillilllilllllllllllllllllllilillllllilllilllillllllilll LiSA STEELE LOCATION: Collier County Courthouse FAX NO: (813) 77&-8~08 , PHONE 'NO: (813) 774-8406 Dat~-~ont: October 16, 1998 Ms. Joyce Blazier Naples Daily News 1075 Central Avenue Naples. Florida 34102 Re: SV-98-3 for signs (Doane Limited Partnership) Dear Joyce: Please advertise the above referenced notice one time on Sunday, November 8, i998, and kindly send the Affidavit of Publication, duplicate, together with charges involved to this office. Thank you. Sincerely, Lisa Steele, Deputy Purchase No. 804611 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County, '^'ill hold a public' hearing on TUESDAY NOV]~B. ER 24, 1998, in the Boardroom, 3rd Floor, A~ministration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 The Board will consider Petition Ho. SV-9~-3, N. Paul San Filippo, Esquire, of Seidensticker and San Filippo, representing Doane Limited Partnership, requesting a 5 foot variance from the required 15 foot setback established for signs to ~0 feet to be located at 877 lllth Avenue North in Section 21, ~,~onsh]p 4~ South, Range 25 East. ~DTE: All persons wishing re spe,~k on any agenda item must register ~ the County administrator r~ to presentation of the agenda item to be addressed, individu,Jl speake:s will be limited to 5 minutes on any item. The selection et an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or org~nlzation may be allotted 10 minutes to speak on an item. Persons wishing to hav.~ wr itten o~ qraphic materials included in the Board agenda packets m~]st ~]bmit sai~] material a minimum of 3 weeks prior to the respective [)ublic kear ~ng, In an>' case, written materials intended to be considered by :he Board g;hai1 be submitted to the appropriate County staff ~ mlnlmum of seven days prior to the public hearing. All material used in presentatio:~s before the Board will become a permanent part o! the record. Any person who decides to appeal a declsion 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 testim~ny and eviden~'~ ~]pon which the appeal is to be based. BOARD OF COUNTY CO~ISSiOt~ERI~ COLLIER COUNTY, FLORIDA BARBARA B. BERRY, CHAIP3~AN DWIGHT E. BROCK, CLERK By: /s/Lisa Steele, D~.pt~t¥ Cle:k (SEAL) October 16, i998 Doane Limited Partnership 750 Myrtle Terrace Naples, FL 34102 RE: Public Hearing to q'~n:;ider Petition SV-98-3 Dear Petitioner: Please be advised that the above referenced petition will be considered ~ 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 .qt]n~f~y, ~;~v~mber 8,1998. You are invited to dtt{?~:,i t)l~[; ;)t]~ll~' he~t~ing. Sincerely, Lisa Steele, Deputy Enclosure October 16, 1998 N.Paul San Filippo, Esquire Seidensticker & San Filippo Parkway Financial Center 2150 Goodlette Road Suite 305 Naples, FL 34102 RE: Public Hearing to Consider Petition SV-98-3 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, Lisa Steele, Deputy Clerk Enclosure RELATING TO PETITION NUMBER SV-98-3, FOR A SIGN VARIANCE ON PROPERTY HEREINAFTER DESCRIBED iN COLLIER COUNTY, FLORIDA. WHEREAS, 'he L~gisiature ->~ the State of Florida in Chapter 125, Florida Statutes, has c~,n~erred ~n all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection cf the public, and WHEPEA$, the County pursuant thereto has adopted a Land Development Code (O~d~n,]nce Uc. ~1-I02] which establishes regulations for the zoning cf ~r+icu!ar geographic divisions of the County, among WHEREAS, the Board ©f Zoning Appeals being the duly elected constituted Board o~ the area hereby affected, has held a public hearing after notice ~s ~n s~id regulations made and provided, and has considered the ~dvisatil!ty o~ a 5 foot variance fro~ the 15-foot setback established for s~g:]~; ~-, ~O-feet as shown on the attached plot plan, Ezhibit "A", in a C-{ zone for the property hereinafter described, and has ~ound .~s a matter of fact that satisfactory provision ~nd arrangement have been made concerning all applicable ~atters required by said regulations and in accordance with Section 2.?.5 of the Z'~n]nq Reg'~latlons of said Land Development Code for the WHEREAS, ~!i [nteres-ed pa[ties have been given opportunity to be heard by this Board in public meeting assembled and the Board having considered all matters presented, NOW THEREFORE BE IT PESOLVED BY THE BOARD OF ZONING APPEALS of Collier County, Florida, that: The Petition SV-3 filed by Il. Paul San Filippo, Esquire of Seidensticker and San Fillppo, representing Doane Limited Partnership with respect to the property hereinafter described as: Exhibit "B" be and the same hereby is approved for a 5 foot variance from the 15- foot setback established for signs to 10-feet as shown on the attached plot plan, Exhibit "A", of the C-3 zoning district wherein said property is located, subject to the following conditions: The height of the sign shall not exceed 10 feet and the copy area of the sign shall not exceed 50 square feet. BE IT RESOLVED that this Resolution relating to Petition Number $V-98-3 be recorded in the minutes of this Board. This Resolution adopted after motion, second and t~aJority vote. Done this ~ day of ~'~ , 1998. AT~:' ' ~' BOARD OF ZONING APPEALS ~T E. BR~K, ~lerk COLLIER COUNTY, ~ORIDA -2* EXHIBIT "A" 20' 25" ,cRON? // MEDICAL SPACE FOR LEASE Occupancy Summer 1998 Tenant Panels Are 48"x18" as shown here Tenant Panels Are 48"x18" as shown here Tenant Panels Are 48"x18" as shown here scale 3/4"---I'0" OAH is 10' SI&NS & 8111N66 ~~.T~ A ~S7~ ~ g4.01 FEET TO ~ ~C~ M~ ~g ~Y. RI~F-*~-WAY LINE ~ Itl~ A~N~ ~ ~ST A~G' S~ N~ERLY RI~iI- ~ - WAY IINE ~ A ~STAN~. g~N~ N~ 89~'30' ~ST C~NUINC ALPC SAIO N~ERLY ~O PARdi ~' lAND. ~'~' ~5~ C~INUINC ALPC SAID N~ERL Y L~ F~ A ~STAN~ ~ 1~.55 FEET: ~ ~,4~0'22' ~SI C~U~G AL~G ~lO N~ERLY RICHT-~-WAY L~ F~ A ~ST~ ~ 21.22 NORTH 89'~0'J0' ~$T CONTINUING ALONC ~lO N~ERL Y RICH;-~- WA Y L[A~ S~ N~RL Y ~ 8916'~' EAST I'~ A ~s;AHcE ~ ~4~7~ ~EET; ' ~TH ~'4~'07' EAST F~ A ~ST~ ~ Z~ FEET; ~nf ~16'~' EAST F~ A ~STAN~ S~ ~'4J'07' EAST F~ A DISTAN~ CONTABglNG rt926 ACRES OF LAND. UO~E ~R LESS. SUI~F. Cr TO EASEUEHI'S AND RESTRICTIONS OF /~CORO. ~t~ h~ty~ melee, FL 3~1e° !~F EI~J4CE: 001Z~O 912~66 57775916 9S-~C)/ER~O~ ~OTICE 0 State of FLc~lde Ce.~ty of CoLlier CoLtter ~s lLo~$,~,, ~ that the ~td pemel#d e~y p~r~, flea m' c,;~,~-~tie~ e~y pubttcatt(m tfl the e41d nevefx~er. PT~L~ ~: 11#~ COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC tlEARINGS To: Clerk to the Board: Please place the following as a: x Normal legal Adver~i~emem I'-] Other: (Display Adv., Iocatioo, etc.) Community Development ~ - ~' ' - Petition No. (If none, give brief description): Collier County StructuraVBuilding and tlu~cane Code Ordinance Petitioner: ('Name & Address): Collier County Government Community. Deve opment Division 2g00 N. Ilorseshoe Drive Naples, Florida 34104 Name & Address o£any person(s) to be no fled by Clerk's Offce: (If more space is needed, attach separate sheet) Hearing before x BCC BZA t Olher Requcsted I leafing date: November 99g (Ba~ed on advertisemem appearing 15 days before hearing. Newspaper(s) to be u,~ed: (Complete onl) ifimportanty x Naples Daily News D O~hcr Legally Required Proposed Text: (Include legal dc~riptmn & commnn Io(alion & Size: AN ORDINANCE AbIENI)ING THE TITt. E AND SECTION ONE OF COLLIER COUNTY ORDINANCE NO 98-S0 TO CORRECT TItE SAblE SCRIVENER'S ERROR THAT OCCURS IN FOUR PLACES; PROVIDIN(; FOR INCLUSION tN THE CODE OF I.AWS AND ORDINANCF. S: PROVIDING AN EFFECTIVE D ATt'~. Companion petition(s), if any & proposed hcaring date' Does Petition Fcc include advertising cost.) X Yes [] No If Yes, what account should be charged for adverlising costs: Purchase Order ~"912866 113-138930-649100 ~' :vlcwcd by: Approsed by: Division Ilead Dale Count)' Manager List Attachments: ' DISTRIBUTION INSTRU(;TrlONS . A. For hearings before Bce or BZA: Initiating person to complete one coy and obtain Division He~d approval before submitting Io County i~,lanager. Note: if legal document Ls in¥olved, be sure that any necessary lepl review, or request for same, is sobmilled lo Counly Attorney before submitting lo County/~lanager. The blanager's office will distribute copies: [-} Couo~ ~,lzoager agenda file: to I--I Requesting Disision I'-I Original Clerk's Office B. Other heatings: Initialing Division head to approve and submit o~ginal to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY: /. 17C ORDINANCE NO. 98- AN ORDINANCE AMENDING THE TITLE AND SECTION ONE OF COLLIER COUNTY ORDINANCE NO. 98-80 TO CORRECT THE SAME SCRIVENER'S ERROR THAT OCCURS IN FOUR PLACES; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING AN EFFECTIVE DATE. WHEREAS, on September 22, 1998, the Board of County Commissioners of Collier County adopted Ordinance No. 98-80, to amend the "Collier County Structural/Building and Hurricane Ordinance" which erroneously purports to amend Ordinance No. 95-21 rather than the correct Ordinance, being Ordinance No. 95-20; and WItEREAS, in Ordinance No. 98-80 the first line in the title, plus the only Sentence immediately following the "NOW, THEREFORE" clause, plus the first (introductory) sentence of SECTION ONE therein, and finally the first sentence in the second paragraph of Section ONE, are hereby amended to correct those four scrivener's error references to Ordinance No. 95-21, whereby those four errors are hereby amended in each of the four instances to read Ordinance "No. 95-20". NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: S.ECT,1ON' ONE. FOUR SCRIVENER'S ERROR .AMENDMENTS TO CORRECT TIlE TITLE AND SECTION ONE OF COLLIER COUNTY ORDINANCE NO. 98-80. The first sentence in the Title of Collier County Ordinance No. 98-80 is hereby amended to read: "AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE .x!©. 95 21, NO. 95-20. BEING THE COLLIER COUNTY STRUCTURAL/BUILDING AND HURRICANE ORDINANCE...,"; Also, the only sentence following the "NOW, THEREFORE" clause is hereby amended to read as follows: "Collier County Ordinance .x!e. 95 No. 95-20 as amended by Ordinance No. 96-26 is hereby amended as follows:"; otd$ underhned are added, wo~:l~ ............. ~.. are deleted. Also, the first (introductoo') sentence of Section ONE of Ordinance No. 98-80 is hereby amended to read as follows: "Section One of Ordinance F.%. 95 2! No. 95- 20, as amended by Ordinance No. 96-26, is hereby amended as follows:"; Finally, thc first sentence of the second paragraph o£Scction ONE of Ordinance No. 98-80 is hereby amended as fiflln;',s: "The following text is hereby deleted from Seclion One of Collier Count3' Ordinance ."!:~. 95 2! No. 95-20, as amended:...." SECTION TWO. INCLUSION IN TIlE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Code of l.a,,vs and Ordinances of Collier County, Florida. The sections of this Ordinance ma)' be renumbcrcd or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or other appropriate word. SECTION Ttl REE. EFFECTIVE I)ATE. This Ordinance shall become effective upon filing with the Department of State, of Collier Count)', Florida, this __ I'ASSED AND DULY ADOPTED by the Board of County Commissioners day of ,1998. A~[TEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: Deputy Clerk BARBARA B. BERRY, Chairman Approved as to form and le~gal sufficienqy: Thoma~ C. Palmer Assistant County Attorney Words underlined are added; words tic'z:!: :k:*::3~ are deleted. oo iii1111111111~!111111111111111111111111111111111111111111111111 ~0 ~ JOYCE ~{ W~ l'~ LES DAILY 2§~. -486~, .. llllillllllll~llllllllllllllllllllllllllllliliillilllllllilllll LISA STEELE ._. LOC~L.~XO~: ~ollier County .MO: (81'1) 77a.-8~08 FHOmt'HO: (83.:3) 776-8606 October 27, 1998 Ms. Joyce Blazier Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Ordinance amending the Title and Section one of Collier Count) 98-80 Dear Joyce: Please advertise the above referenced notice one time on Sunday, November 8, 1998, and kindly send the Affidavit of Publication, duplicate, together with charges involved to this office. Thank you. Sincerely, Lisa Steele, Deputy Clerk Purchase No. 912866 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, NOVEMBER 24~ 1998~ in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Boar( 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 THE TITLE AND SECTION ONE OF COLLIER COUNTY ORDINANCE NO. 98-80 TO CORRECT THE SAME SCRIVENER'S ERROR THAT OCCURS IN FOUR PLACES; PROVIDING FOR INCLUSION IN THE CODE OF LAWl AND ORDINANCES; PROVIDING AN EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: Ail persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda ire! 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 minutes speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a mini~m/m of 3 wee} prior to the respective public hearing. In any case, written material intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will ne~ a record of the proceedings pertaining thereto and therefore, may nee( 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 COU~NTY COM~4ISSIONERS COLLIER CO~TY, FLORIDA BARBARA B. BERRY, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Lisa Steele, Deputy Clerk (SEAL) 17C ORDINANCE NO. 98- AN ORI)INANCE AMENDING TIlE TITLE AND SECTION ONE OF COLLIER COUNTY ORDINANCE NO. 98-80 TO COF, RECT TIlE SAME SCRIVENER'S ERROR THAT OCCURS IN FOUR PLACES; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING AN EFFECTIVE DATE. WIIEREAS. on September ~_, 1998, Ibc Board of County Commissioners of Collier County adopted Ordinance No. 98-80, to amend the "Collier County Structural/Building and I lurricane Ordinance" which erroneously purports to amend Ordinance No. 95-21 rather than the correct Ordinance, being Ordinance No. 95-20; and WIIEREAS, in Ordinance No. 98-80 the first line in the title, plus the only Sentence immediately fbllowing tbe "NOW. THEREFORE" clause, plus the first (introductoo') sentence of sEcrIoN ONE therein, and finally the first sentence in the second paragraph of Section ()NE, arc hereby amended to correct those four scrivener's error references to Ordinance No. 95-21, whereby those four errors are hereby amended in each of the four instances to read Ordinance "No. 95-20". NOW, TIIEREFOI.IE, lie IT ORDAINED BY THE BOARD OF COUNTY COMM ISSI()NEIC'-; OF COLLIER COUNTY, FLORIDA that: SEC-FION ONE. FOUR SCRIVENEICS ERROR AMENDMENTS TO CORRECT 'FILE TITLE AND SECTION ()NE OF COLLIER COUNTY ORDINANCE NO. 98-80. I'he first sentence in thc Title of Collier County Ordinance No. 98-80 is hereby amended to read: "AN ORDINANCE AMENDING COI.I.IER ('()tJNTY ()RDINANCI~ ,";O. 95 21. NO. 95-20, BEING THE COLI. IER COUNTY STRUCTURAL/BUILDING AND HURRICANE ORI)INANCE...."; Also, thc only sentence following the "NOW, THEREFORE" clause is hereby amended to read as Ibllows: "Collier County Ordinance ,x!~. 95 2! No. 95-20 as amended by Ordinance No. 96-26 is hereby amended as tbllows ' Also, the first (introductory) sentence of Section ONE &Ordinance No. 98-80 is hereby amended to read as follows: "Section One of Ordinance 5!c. 95 2! No. 95- 20, as amended by Ordinance No. 96~26, is hereby amended as follows:"; Finally, the first sentence of the second paragraph of Section ONE of Ordinance No. 98-80 is hereby amended as follows: "The following text is hereby deleted from Section One of Collier County Ordinance Mc. 95 21 No. 95-20., as amended:....' 17C '"' ', SECTION TWO. INCLUSION IN TilE CODE OF LAWS AND ORDINANCES. Thc provisions of this Ordinance shall become and be made a part of thc Code of Laws and Ordinances of Collier County, Florida. The sections of this Ordinance may be renumbcrcd or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article". or other appropriate word. SECTION TIIREE. EFFECTIVE DATE. This Ordinance shall become effective upon filing with the Department of State. PASSEl) AND DULY ADOPTED by the Board of County Commissioners ofCollierCounty, FIorida, this ..2fi,/ dayof ~..~-~~/ , 1998. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk OF COLLIER COUNTY, FLORIDA ~ /r Deputy CleriC' / BA"RBARA B. Bl~~ ;/t~t as to Chal~A~t'$ s ~,~,n~ ture on I j,, ApprOved as to form and~legal sufficienqy: Thomas C. Palmer Assistant County Attorney Words underlined are added; words :2r'-':~: .u.: c. ;: g.":, are deleted. STATE OF FLORIDA) COU~rrY 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. 98-93 Which was adopted by the Board of County Commissioners on the 24th day of November, 1998, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 25th day of Novemk~r, 1998. DWIGHT E. BROCK . . -., , Clerk of Courts and Clerk' Ex-officio to Board.of County Commissioner~ ~By: Maureen Kenyon,, ~'. ... ..,' Deputy 'Clerk,_ . ~ , Affidavit of P~bLtcatto~ IEF EII~ICE: 0C712:S0 91 Z501 ~7T76205 V-98-16 NOTZCE OF I~J INJBLZ~D ~: 11/1~ 7E fMl CoLLI~ C~u~cy, F~CIa 4~2 Posemeade Lan~ Naples,Fla. 24105 2785 ~irport Road N, Suite B, Na~les,Fla. 34105 Peri:Ion Ho. '/-98-I6, William L. Hoover, AICP, of Hoover Planning, representing Theodore ,T. Nylese, Jr., requesting a Variance of 9 feet from the required 25 foot rear yard setback to 16 feet for property iocate~ at 442 Posemea~e Lane, further described as Lot 17, Rosemea~e ~t Wyn~emere, in Section i?, ?~wnsnl~ 49 South, Range 26 East. ............................................... (3) RESOLUTION NO. 98- RELATING TO ?ETIT!ON NUMBER V-98-16, FOR A VARIANCE ON PROPERTY HEREINAFTER DESCRIBED iN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on ali counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection Df the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code {Ordinance Ho. 91-!02] which establishes regulations for the zoning cf particular geographic ~l';~slons of the County, among which is the WHEREAS, the Board o~ Zoning Appeals, being the duly elected COnStituted Board of the area hereby affected, has held a public hearing after notice as ~n said reguiatlons made and provided, and has considered the advisability of a 9-foot variance from the required rear yard setback of 25 feet to ]6 feet as znown on the attached plot plan, Exhibit "A", in a PUD Zone for the property hereinafter described, and has found as a concerning all applicable matters required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented; NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County, Florida, that: The Petition V-98-16 filed by William L. Hoover, AICP, of Hoover P!annlng, representing Theodore J. Nylese, Jr. with respect to the Lot 17, Rosemeade at Wyndemere as recorded in Plat Book 15, Pages i00-I01, of the Public Records of Collier County, Florida. be and the same hereby is approved for a 9-foot variance from the required rear yard setback of 25 feet to 16 feet as shown on the attached -1- plot plan, Exhibit "A", of the PUD Zoning District wherein said property is located, subject to the following conditions: This variance is for the encroachment depicted in Exhibit only. Any other encroachment shall require a new variance. BE IT RESOLVED that this Resolution relating to Petition Number V-98-i6 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: ]or~e M. Student Assistant County Attorney -2- RECEIVED JUL $ 0 ~fe It 98-16 EXHIBIT "A" i. (~nclud.tn~ rix.ts cove::) Iiililllllllllliliililiiliilllllllllllillllilllliiililill. illiii liliiliilllilillilillliillllilllillilillillilililiiiliilii[ilii FROH~ LOCATIONI PHONB'NO: (813) Collier County COurthoUse 774-8408 , 1 7 II1 I} October 30, 1998 Ms. Joyce Blazier Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public HearinG to Consider Petition V-98-16 Dear Joyce: Please advertise the above referenced notice one time on Sunday, November 8. 1998, and kindly send the Affidavit of Publication, duplicate, together with charges involved to this offfce. Thank you. Sincerely, Ellie Hoffman, Deputy Clerk Purchase Order No. 912501 in NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on TUESDAY~ NOVEMBER 24, 1998, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition V-98-16, William L. Hoover, AICP, of Hoover Planning, representing Theodore J. Nylese, Jr., requesting a variance of 9 feet from the required 25 foot rear yard setback to 16 feet for property located at 442 Rosemeade Lane, further described as Lot 17, Rosemeade at Wyndemere, in Section 19, Township 49 South, Range 26 East, as recorded in Plat Book 15, Pages 100-101, of the Public Records of Collier County, Florida.. ~OTE: All persons wishing to speak on any agenda item must register ~ the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COU~;TY CO~ISSIONERS COLLIER COUNTY, FLORIDA BARBARA B. BERRY, CHAIRMAN DWIGHT E. BROCK, CLERK BY: /s/Ellie Hoffman, Deputy Clerk (SEAL) October 30, 1998 Mr. Theodore J. Nylese, Jr. 442 Rosemeade Lane Naples, FL 34105 Re: Notice of Public Hearing to Consider Petition V-98-16 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Co~missioners 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 October 30, 1998 Mr. William L. Hoover, AtCP Hoover Planning 3785 Airport Road North, Suite B Naples, FL 34105 Re: Notice of Public Hearing to Consider Petition V-98-16 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 RESOLUTION NO. 98-_43_Q RELATING TO PETITION NUMBER V-98~16, FOP A VAPIANCE ON PROPERTY HEREI~IAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and ,.n{ -~, . .o.__ zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Cc~e (Ordinance No. 91-102) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as In said regulations made and provided, and has considered the advisability of a 9-foot variance from the required rear yard setback of 25 feet to 16 feet as shown on the attached plot plan, Exhibit "A", in a PUD Zone for the property hereinafter described, and has found as a matter of fact t~at satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered a.] ~,.~%ters presented; NOW THEPEFCP£ BE ]T RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County, ?iorida, that: The Petit ion V-9~-16 filed by William L. Hoover, AICP, of Hoover Planning, representing Theodore J. I~ylese, Jr. with respect to the property hereJna~ter described as: Lot I7, ~os,~meade at Wyndemere as recorded in Plat Book 15, Pages IOC-101, of the Public Records of Collier County, Florida. be and the same hereby is approved for a 9-foot variance from the required rear yard setback cf 25 feet to 16 feet as shown on the attached plot plan, £xhibit "A", of the PUD Zoning District wherein said propervy is located, subject to the following conditions: This variance is for the encroachment depicted in Exhibit "A' only. Any other encroachment shall require a new variance. BE IT RESOLVED that this Resolution relating to Petition Number V-98-16 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. ATTEST: -.-~ / BOARD OF ZONING APPEALS DWIdHT E..BROC~K, Clerk COLLIER COUNTY, FLORIDA MarJor~e M. StuSent -- Assistant Count7 Attorney RECEIVED JUL ,~ 0 / t " 7F'" nspte~ h'lty ~ BOMO Of C~KT'Y CCfftISSZOI~S'S PO 10X &1~0t6 IMJ~,~S FL · s F F.J~4C[: CO~ Z30 Cotm~ of Cottt~- ~o~ tf~ ~nd~'m~gn~d authority, p~s~mtty ll~ I. tMd~, t~o o~ oath e~,t tF~t eJ~ ~ ~nlty mew, · d~tty ~ pX~tl~d et Cottl~ Co~3,, fLorida: t~t the ett~d~d ~,&4Xi 10, ZOOZ FLORIDA follmvlng ~ a: x~ Td~,0~-,e FL 32399 and M;. ~=='--~ T~,],.~L DI~I C~,,u':~..~-.,. S~v~'-~. PO Box 3455. N. Fl. ~.~'-'~--,. pT_. 3391S=3455 Newspapers} lO be used: ¢Com~,'l~ if imt~ee~m): E] i.~p~ P.a~med X~X~X Naples D~Jy Nc~s Pmpaecd Tact: ~ pc~ion(s), if&m/& Ix~gaecd h:L'inI ~ CommnJon to DOA-~-I ORDINANCE 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 MAPS NUMBERED 9524N, 9524S, 9525N, 9525S AND 9526N BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS GREY OAKS, FOR PROPERTY LOCATED INN THE NORTHWEST, NORTHEAST, AND SOUTHEAST QUADRANTS OF AIRPORT-PULLING ROAD fC.R. 31) AND GOLDEN GATE PARKWAY (C.R. 886), IN SECTIONS 24, 25 and 26, TOWNSHIP 49 SOUTH, PANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 1601+ ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 97-45, AS AMENDED, THE FOP14ER GREY OAKS PUD; AND BY PROViDiNG A~; EFFECTIVE DATE. WHEREAS, Qeorge L. Varnadoe of Young, van Assenderp & Varnadoe, P.A., represen%~n~ Halsta~t Partnership, petitioned the Board of County Commissioners to change the zoning classification of the herein described real proper%y; :lOW THEREFORE BE iT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIEP COUNTY, FLORIDA; SECTION ONE: The Zoning Classlficatlon of the herein described real property located in £ectlon~ 24, 25 and 26 , Township 49 South, Range 25 East, Collier County, Florida, is changed from "PUD" to "PUD" Planned Unit Deveicpmen' :n ~crorJanco with the PUD Document, attached hereto as E×hl~:t "A", wf~ich is Incorp©ra~ed herein and by reference made part herezf. The Cf~c:al Zonlnq Atlas Maps numbered 9524N, 9524S, 9525N, 9525£ and ~52~N, ~s ~escrlbe~ in Cr~inance [;umber 91-102, the Collier County Lan~ f~evelopment Code, are hereby amended accordingly. SECTION TWO: -1- 1 7F SEC?iO~ THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Comiesioners of Collier County, Florida, this day of , 1998. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, ~ORIDA Approved as to Form and Legal Sufficiency Mai~o~e M. Student Assistant County Attorney BY: BARBARA B. BERRY, Chairman -2- PLANNED UNIT DEVELOPMENT DOCUMENT FOR GREY OAKS PREPARED BY: GEORGE VARNADOF., ESQUIRE YOUNG. VAN ASSENDERP AND VARNADOE $01 Lzu~l Oak Drive Naples, Flotlda 34108 DATE FILED DATE APPROVED BY BCC ORDINANCE NUMBER AMENDED BY ORDINANCE AMENDED BY ORDINANCE Exhibit I INDEX List of Maps, Exhibits. and Tables Statement of Compliance and Short Title SECTION i Property Ownership and Legal Description SECTION Il Project Development SECTION III Residential SECTION IV Golf Course/Recreation/Park/Right-of-Way SECTION V Conservation/Open Space SECTION VI Commercial SECTION VII General Development Commitments PAOE ii iii i-1 2-1 3-1 4-1 5-1 6-1 7-I A H TABLE I TABLE I1 TABLE III Location Map PUD Master Plan LIST OF MAPS AND TABLF_.S MAPS TABL 'ES l.and Usc Summ,~ry Project Absorption Schedule Estimate Development St,mdards ii STATEMENT OF COMPLIANCE It is the intent of the Halstatt Partnership. A Florida General Partnership to create a Planned Unit Development (PUD) to be known as Grey Oaks Planned Unit Development, on 1.601,39 acres of land located in Section 24, and 25, Township 49 South, Range 25 East, Collier County, Florida, and Section 26. Township 49 South. Range 25 East, City of Naples. Florida. The residential, recreational and commercial facilities oVFHE ttALSTATT DRI/PUD are consistent with the growlh policies, land development regulations, and applicable comprehensive planning objectives of the City of Naples and Collier County for the following reasons: I) The subject property is located within the City and County Urban service areas and there are adequate available community facilities and services to support the proposed residential density and commercial intensity. 2) The City of Naples made a determination that the part of Grey Oaks in the City is consistent with the goals, objectives and policies of the Comprehensive Plan and h'md development regulations adopted by thc City. 3) With regard to that part of Grey Oaks within the County: a) The project development is compatible and complementary to the surrounding land uses and future uses allowed by the Future Land Use Element. b) Improvements are planned to be in substantial compliance with applicable land development regulations as set forth in Objective 3 of the Future Land U~e Element. c) The project development will result in an efficient and economical extension of community facilities and services as required by Policies 3. I .H. and 3.1 .L. of the Future Land Use Element. d) The project development is planned to incorporate natural systems for water management tn accordance with their natural functions and capabilities as required by Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. e) The projected density of less than two (2) dwelling units per acre is less than that allowed under the Future Land Us~ Element since the project includes three (3) quadrants of an Activity Center and a density band. iii The subject project occupies the northwest, southeast and northeast quadrams of the Activity Center located at the intersection of Airport and Golden Gate Parkway. This strategic location allows the site superior access for the placement of commercial activities. g) .The project includes extensive open spaces in the form of golf corn-sea and incorporates natural features to provide a high quality of life for its residents. SHORT TITLE This ordinance shall be known and cited as the "GREY OAKS Planned Unit Development Ordinance". SECTION I PROPERTY OWNERSHIP & LEGAL DESCRIPTION 1.01 PROPERTY OWNERSHIP The subject property is currently owned by thc Halstatt Pacmership which is composed of: Lloyd G. ttendry, Harold S. Lynmn and Edith Collier Sproul, (a/k/a Juliet C. Sproul), as Tnmee$ of the Edith Collier Sproul Trust und~ agr~mem dated December 29, 1969, ~ as confirmed by Agreement of Termination of Tmsle~ship dated Jurm I, 1982, Harold S. Lynton, Lamar Gable and Juliet C. Sproul, as Trustees for Juliet C. Spwul under the will of Ban-on Collier, Jr., deceased, and as confmned by Change of Trustees dated June 7. 19S2. a~d filed June 15. 1952, in Probate No. 76-33, ofthe Probate, Records of Collier County, Florid~ 1.02 LEGAL DESCRIPTION All that part of Section 24, Township 49 South, Range 25 Emi, Collier County, Fl{n/da, lying easily of that I00 foot canal right-of-way as described in O.IL Book 154, page 6, Public P.~cords of Collier County, Florida; ALSO All that part of Section 25, Township 49 South, Range 25 East, Collier County, Florida, lying eastedy of that 100 foot canal right-of-way as ___de~'i_ 'bed in O.R. Book 154, page 6, O.R. Book 873, page 1879 and O.R. Book 873, page 1882, all ofth~ Public R_~coids ofcoliier County, Florida; LESS Golden Gate Parkway (C,-$86) u &ma-ibed in O.R. Book 465, pag,~ 275, and O.IL Book 465, la~e 275, Public R___~L~Ma of Collier County, Florida; ALSO LESS tho~ lands as d~m'bed in O.R. Book 194, !~¢ 603 and O.R. Book 640, page 229, Public Pa:cords of Collie' Cotmty, Florida. ALSO All that part of Section 26, Township 49 South, Rang~ 25 East, ColIi~ Cotmty, Florida, lying sszs~y of Airport-Pulli~ Road (C-al) and nortlmty of Goldea Oat~ Parkway (12-886) located within the City of Napl~s; LESS that portion then~f as described in O.R. Book 539, page 370, Public Rtoord$ of abov~ propen'y subject to easements and r~trietion$ of record; containing 1,601.39 net m mor~ or less. 1-I 2.01 PURPOSE , SECTION II PROJECT DEVELOPMENT The purpose of this Section is to generally describe the plan of the development and delineate the general conditions that will apply to the project. 2.02 INTRODUCTION Grey Oaks is a 1,601.39 acre mixed use residential development and golf course comraunity with a "town center", and o~er retail and office development located in Collier County. The property is generally located in the northwes% northeast and southeast quadrants of the inm'~ction o f Airport Road ~xl Golde~ Cmt~ Paxk-way. Th~ propaW is bo~ on the esst by Livingston Road; on thc south by th~ Golden Oate Canal; on the west by the Gordon River Ware:shed; and on the north by the Coach House Land Residontial Properties in the west quadrant, and the World Tennis Center in the northeast quadrlmt. The northwest quadrant of the property is in thc incorlxn~ted City of Naples and constitutes ap~,,oximately 354 of the I,fi01 acres. The remainder of the property is located in th~ unlncorlmmted are~ of Collier County. The project is of a size to be a Development of Regional Impact (DRI) and an Application for D~velopment Approval (ADA) has bee~ filed pursmm to Ctmptet 380.0~, Florida S~n-~ (1988). Becau~ the City a~l County recognize tl~ the pwject has be~n phumed and will be &'vdoped as a unified ~ community, ~ City ~ld ~ ]ll~Ve ~ that a single local govemmem (Collier County) d~mld have the reqxmsibilltT' for revie~n~ the planned development and issuing ~ Developmem Order purstamt to Section 350.0~, Florida Statutes and for sdopfi,,.~ the zo~%~ (PUD Ontimmee) for the ~ l~oject, including that portion that lies within the City of Naples. la furt~-~ .-~e of file goal ofliavi%~ Dcvdopmeat Ord~ for the project, the Developer and the City of Naples have erected into a DEVELOPMENT AG~ and the city of Naples and Collier County bare erected into an "INTERLOCAL GOVERNMENT AOREEMEN'I~ with regard to the project. The DEVELOPMENT AGREEMENT sets forth the maximum int~xslties ofland uses for the property within the City ~ provides that the City agr~s to ~cept m~l Mopt (if at.,~,.,priate) any Development Order and PUD zoning issued by the County that does not · xcee_d the intensities of land uses set forth in said DEVELOPMENT AGIZ~. This DEVELOPME2qT AGREEMENT allows the County to ~wiew the ~ project as a sing~ intngr~_!_~J planned community and approve a single set of dcvelopm~mt standards for the entire project by adopting a single PUD Ordinance and Development Order for the 2-1 I I III II II ! Thc INTERLOCAL GOVERNMENT AGREEMENT between thc City of Naples and the Count)' of Collier incorporates said DEVELOPMENT AGREEMENT and further provides that the City and County agree that the County shall conduct the rezoning and DRI review for the entire 1,601 acre project, including that portion of the project within the jurisdiction of the City of Naples. A copy oftbe INTERLOCAL GOVERNMENT AGREEMENT and the DEVELOPMENT AGREEMENT are made a part of this PUD by reference thereto. The County, City and the Developer have all agreed that the 354 acres within the jurisdiction of the City is an integral part of the overall Halstatt DR1 Community and it is therefore, essential to the viability of the planned community that the PUD and DRI plan approved b) Collier County be in effect and remain in effect for the entirety of the project and not just the portion of the project lying xdthin the jurisdiction of the County of Collier. 2.03 I.AND USES Table I is a schedule of the intended land uses types, with total dwelling units, acreage, and total square feet commercial indicated. The arrangement of these land use types is shown on Map Ii. Planned Unit Development Master Plan. Changes and variations in design and acreages shall be permitted during each subdivision phase at final design to accommodate topography, vegetation, and other site conditions. The final size of thc recreation and open space lands will depend on the actual requirements for conservation areas, water management, golf course layout, roadway pattern, and dwelling unit size and configuration. At thc time of Subdivision review and approval for each subdivision phase, thc location, size and configuration of land use tracts shall be identified, along with thc assignment of permitted residential or commercial land use types. The assignment of maximum allowed residential density and/or commercial gross leasable floor area shall also occur at thc time of subdivision review and approval. If the maximum allowed residential density or commercial gross leasable area is not fully used within that subdivision phase ofthc project, the unused remainder may be assigned to another phase(s) of thc project. Final determination of thc total multi-family residential or commercial use shall bc determined at time of Site Development Plan approval. For each succeeding subdivision and/or Site Development Plan, a table shall be included which summarizes the total dwelling units and commercial floor area tha~ has been previously assigned and total assigned for the pending approval, in order to facilitate the County's monitoring of the project. 2-2 2.04 PROJECT DENSITY The total acreage of Grey Oaks Planned Unit Development is approximately 1,601.39 acres. The maximum number of dwelling unita to be built on the total acreage is 1,900. The number of dwelling units per gross acre is approximately 1.2. The density on individual parcels of land throughout thc project will var)' according to the type of housing placed on each parcel of land but shall comply with guidelines established in this document. 2.05 PERMITTED VARIATIONS OF DWELLING UNITS All properties designated for residential uses may be developed at the maximum number of dwelling units allocated, provided that the total number of dwelling units shall not exceed 1.900. Table [ identifies the maximum units by project quadrant. 2.06 DEVF. LOPMENT SEQUENCE AND SCIIEDULED Thc dcvcloper ',viii commence thc project within thc northeast quadrant. Within each quadrant, thc amount and location of each subsequent development area will be dictated by logical and economical development constraints and by market demand. Table II indicates, by project year, the estimated absorption of units, and commercial square footage. The absorption schedule is an estimate and not guaranteed. Actual absorption rotes are governed by market demand. 2.07 EASEMENTS FOR UTII. ITIES All nccess, ao' ca. sm'ncnts, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all sen'icc utilities in substantial compliance with applicable regulations in effect at the time of development. 2.08 COLLIER COUNTY AND CITY OF NAPLES SUBDIVISION APPROVAL The review and approval o f subdivision ma_s'ter plans and construction plans shall follow the design and development standards oftbe Collier Count)' Ordinances regulating subdivisions in effect at the time of development; and shall be reviewed and approved in accordance with the procedures set forth by the City of Naplns for that portion of the project within the City, and the standards and procedures set forth by Collier County for that portion oft. he project under County jurisdiction. The intent and effect of this Section is to have a single set of substantive standards apply to subdivision master plans to the location of the particular property in question, bu tot allow each local govemmem to apply its procedtual proc. ess for approval of said plans. The developer resemes the fight to request exceptions and modifications to the standards set forth in applicable regulations. Where this docm'nent makes reference to a specific type of subdivision approval (e.g. Subdivision Master Plan 2-3 Approval or platting) this reference shall be construed to mean the applicable Collier County procedure or approval in effect at the time of development. 2.09 LAKE SITING As depicted on the PUD Master I'lan. lakes and natural retention areas have been sited adjacent to existing and planned roadways, property lines, and throughout the golf course. The goal is to achieve an overall aesthetic character for the project, to permit optimum use of the land. provide buffeting to uses within and surrounding the project, protect native vegetation, and to increase the efficiency ofthe water management network. Accordingly, the requirements described in Ordinance 88-26, Section SA, 8B and 8C, may be reduced subj~t to the approval of the County Engineer at the time of Subdivision and/or Excavation permit approval. Fill material from lakes is planned to be utilized within the project, however excess fill material, not to exceed 10"/, or maximum 20,000 cubic yards may be utilized off-site, subject to the provisions of the Collier County excavation ordinance in effect at the time of development. Removal of fill material in excess of 10% of total or 20.000 cubic yards must meet the requirements ora commercial excavation per Ordinance 88-26. Final lake area dctelmination shall be in accordance with the South Florida Water Management District stormwater criteria and Ordinance 88-26. 2.10 DEDICATION AND MAIN'! ENANCE OF FACILITIES Roads and other infrastructure may be either public or private, depending on location, capacity, and design. Developer shall create approptiatc homeowner and/or condominium associations or identify other entities which will be responsible for maintaining the roads, streets, drainage, water and ~wer improvements where ~uch w/stems are not dedicated to the County or City. Standm-ds for roads shall be in compliance with the applicable provisions of Collier County Ordinances regulating subdivisions, unless otherwise approved as an exception during Subdivision Approval. 2.11 SITE DEVELOPMENT PLAN APPROVAL The provisions of Section 3.3 of the Zoning Ordinance shall apply to the development of platted tracts or parcels of land as provided in said Section 3.3 prior to the issuance ora building permit or other development order. Approval of commercial tracts in the City of Naples jurisdiction shall follow the General Development and Site Plan (GDSP) process. 2.12 MODEL ttOMES AND MODEL UNITS Model ttomes and units shall be permitted within this project subject to the following provisions: a. Models may be constructed prior to approval ora plat. 2-4 Models may be permitted as "dry model:," and must obtain a conditional certificate of occupancy for model purposes only. Models may not be permanently occupied until a permanent certificate of occupancy is issued. Models may not be utilized as "sales offices" without approval by and through the Site Development Plan process. The SDP process shall not be required for dry models pursuant to this Section. Prior to recorded plats, metes and bounds legal descriptions shall be provided to and accepted by Collier Count), as sufficient for building permit issuance. Said metes and bounds legal descriptions must meet proposed plat configurations and all models constructed pursuant hereto shall conform to applicable minimum square footages, setbacks, and the like as set forth herein. Temporary access and utilit), easements may be provided in lieu of dedicated right- of-v.'ays for temporary sen'ice to model homes or units. Sales, marketing, and administrative functions are permitted to occur in designated model homes or units within thc project only as provided herein. 2.13 CONSTRUCTION DEVELOPMENT STANDARDS The standards for thc construction of all project infrastructure, such as, but not limited to roads, utilities, wastewater treatment, water management facilities, and other site improvements such as but not limited to clearing, grading, excavation, landscaping and all similar types of site improvements, except for habitable buildings and stmcata-~$, shall meet .the minimum standards set forth by Collier County in the applicable ordinance or regulation ,n effect at time of developmem. City of Naples construction s~andards shall be used for water and sewer systems under City jurisdiction. The procedures for the review ami approval ofproject infrastructure and site improvements shall tn: that process in effect at the time of review and approval in aceordance with the City of Naples regulations for that pat of the project within City jurisdiction, and Collier County regulations for that pan of thc project within County jurisdiction. The standards and development permit procedures for all habitable structures shall be in accordance with the appropriate City or County jurisdiction's requirements in effect at the time of building permit application. 2.14 SALES CENTERS "Sales Centers" may be constructed prior to recording of a plat. "$al¢$ C~'nt~t~" may be serviced by a temporary utility system (i.e. dry well and septic tank/dminfi¢ld) 2-5 prior to availability of central utility systems at which time connection to the cent~I system will be made. Interim ftre protection facilities, in accordance with NFPA requirements or as approved by the appropriate fire district are required unless a permanent water system is available to serve the Center. Review and approval of'Sales Centers" shall follow thc requirements of the Site Development Plan process (Zoning Ordinance Section 3.3) or wb-t,wer approval procedure is in effect at that time. A metes and bounds legal description shall be provided as part of thc application. Access to the "Sales Center" shall be provided by a paved road or temporary driveway which meets applicable County standards as determined by thc County Engineer. A water management plan must be provided which accommodates the runoff from the "Sales Center", the required pazking and access road/driveway and any other impervious surfaces. The system shall be designed to fit in with the master water management system for the entire devclopmcm. At thc time of building permit application for a "Sales Center" a temporary use permit shall be obtained. ~'Sales Centers" may not be occupied until a Certificate of Occupancy is issued. Models must obtain a conditional Certificate of Occupancy for model purpoat$ only. Models may not be occupied until a permanent Certificate of Occupancy is issued. 2.15 IMPACT FEES Development within the project shah b~ subject to all lawfully adopted impact fees in effect at the time of development. 2-6 THE GREY OAKS PUD TABLE I LAND USE SUMMARY Northeast and Southeast Quadrants (Collier County) Residential (I 936 uait$) Commercial/Office (956,091 S.F.G.L.A.) Golf Co~on/Park/Right-o f-Way Conservation/LakedWatrc Management Sub-Total Northwest Quadrant (City of Naples) Residential (764 units) Commercial/Office (347,000 S.F.G.L.A.) Golf Coutse/Rtxreation/Park/Ri ght-o f- Way Conservation/Lake/Water Management Sub-Total 310.9± 90.4± 609.39+ 236.78± 1,247.4 122.0± 30.0~ I 15.4± 86.6~ 354.0 Note: All a~'reage$ are digitized apptoximat~ a~'eage$ and a~ subject to change and variation. Note: The Northe~ Quadrant ihall have a total commercial/office ~mte footage of 956,091 S.F. G.L.A. 2-7 THE GREY OAKS PUD TABLE II PROJECT ABSORPTION SCHEDULE ESTIMATE PROJECT YEAR I-6 (1989 - 1995) La~ Use No. Hotel Square Designation Units Poaoms Feet (GLA) Residential 94 Commercial and Office Hotel 0 Golf Course * I ° Golf Course = 18 holes with phased club facilities PROJECT YEAR 7-13 (1996 - 2001) CUMULATIVE Land Use No. Hotel Designation Units Rooms Residential 963 Commercial and Office Hotel 250 Golf Course * 3 ° Golf Course - 54 holes with phased club facilities !Second golf course may be constructed prior to project year 7, and may b¢ built in 9-ho1¢ ,nerement$. club facilities may be built in phases to coincide with the golf course construction.) 2-8 TABLE II (Cont'd) PROJECT ABSORPTION SCHEDULE ESTIMATES PROJECT YEAR 14-20 CUMULATIVE Land U~e No. Hotel Square Designation Units Rooms Feet (GLA) Residential 1900 Commercial and Office 1.303.091 I iotel 250 Golf Course ° 4 Use * Golf Cotaze = 72 holes with f~ll club facilities (3rd golf course may be co~ after year 14, and may be built in 9-ho1¢ increments, club facilities may be built in phases to coincide with the golf cours~ construction.) Project years shall be adjusted to correspond with thc commencement of development. The above development program outlines multi-use categories which will be ssalgned to the various development pods ~own off Map Iq. 'l'hese land u~ ca~,"gories will allow for a true mixed use development to occur and allow the "Developer" to reapond to an ever changing market over the next 20 year~ with ma m3ticipat~d bulldout at year 2010. The absorption ~chedulc assumes that buildout of the residential, town center and the majority of the office and commercial may occur in the first 12 ye,ara. 2-9 17F'"1 3.01 PURPOSE SF_,~['[ON III P, ESIDEIWrIAL LAND USE The ptwpose of this Section is to set forth the regulations for the ar~s designated on Map H, Planned Unit Development Maser Plan, aa "R" or Residential. 3.02 MAXIMUM DWELLING UNITS A maximum number of 1,900 dwelling units may be constructed on lands designat~ as "R" or Residential. The 25~ acre parcel deaignated "R" on the PUD Master Plan located on Livingston Road, south of Golden Gat~ Parkway may be devoted to Assisted Living Facilities at a Floor-to-Area Ratio not to exceed .45. 3.03 GENERAL D'ESCRIPTION Areas designated as "R" or Residential on the Master Land Use Plan axe designed to ac. eommodat~ a full range of residential dwelling types. Af..p, oximate configurations of land use trac~ have been indicated on the P.U.D. Master Plan, in order to indicate relative size and distribution ofthe residential usea. These acreages are based on conceptual desi&m~ and mu.st be considered to be approxlm.t~. Actual acreages of all development tn~ts will be provided at the time of platting. Residential tra~ ar~ 3.04 PERMITTED PPdNCIPAL USES AND STRUCTURES i) Dctae. lzd ~ ~ ~c ~y Mm~ cl~ ~ ~ lot ~ ~ ~o hom~ townhouaea, multi-family dwdllng,; ncighboenood rexa'~:atio~ faciliti~, churchea and other places of worship, and assisted living facilitiea. 2) Water mm~?.em~t facilitiea; essential servicea (in accordance with Section 2.6.9 of th~ Zoning Ordimm~). I.~lt~. including lakes with ~awall and oth~ typ~ of 3) playground, picnic are~ and other types of facilities intended for ouidoor recreation. 3-1 1 7F"" mi; 4) Any other usc which is comparable in nature with thc foregoing uses and which thc Collier County Planning Services M~nagcr or thc City Commurdty Development Director dcte~.iines Io be compatible in thc district. 3.05 PERMITFED ACCESSORY USES AND STRUCTURES l) Accessory uses and structures customarily associated with uses permitted in this distadct. 2) Essential services and facilities. 3) Recreational facilities accessory to a residential structure. 4) Any other accessory uses or structures which are comparable in nature with the £orcgoing uses and which the Collier County Planning Services Manger or the City Community Development Director determines to be compatible in the district. 3.06 DEVELOPMENt[' STANDARDS Table III sets forth the development standards for land uses within thc "R" Residential District. Site development smd,aa-ds for category 1.2. and 3. uses apply to individual lot boundaries; standards for category 4 uses apply to platted development parcel boundaries. Front yard setbacks shall be measured as follows: I) If the parcel is served by a City or County dedicated public fight-of-way, setback is measured from the exisling right-of-way line. 2) If the parcel is served by a private drive, setback is measured from back of curb or edge of paveraent, whichever is closer to the structure. 3) Single family detached (Category I only) front setbacks shall be meastmM from thc public or private mad right-of-way line. Standards for parking, landscaping, signs, guard houses, entrance gates and other land uses not specified herein ate to be in accordance with Collier County Zonin~ and Siguage regulations in effect at the time permits are requested unless otherwise specified herein. Unless otherwise indicated, setback, heights, and floor area standards apply to principal 3-2 'I 7F Dcvelopment ~'tandatds for residential uses not specifically set forth in Table III ,~hall be e.s~blis~ during Subdivision Master Plan or Site Development Plan Approval as set forth under Sections 2.03 and 2.11 of this document. Setbacks and buffer requirements from and along the north property line wi thin the northwest quadrant adjacent to lob on Coach House Lane shall be as follows: (a) One story single family structure: Principal - 25' Accessory - 15' (b) One story multi-family or two story structure: Principal - 50' Accessory - 50' (c) Two story structure greater than 30' in height: Principal - 75' Accessory. 75' Three story structm-e: Principal - 175' Accessory - 175' Fo~ story sU'uctore: Principai - 400' Accessory - 400' Vehicula~ u.~ arras, including garages and cm'por~ - 50' (m~ to th~ structure or edge of pavement). A 15' wide, as measured perpendiculaz to said north border, and 25 foot high land~ buffer shall be provided and maintained which is 80% opaque as ,m~asured in every and any 25 foot by 25 foot section. The buffer shall be installed prior to construction of homes. The number of dwelling units per acre shall not exceed 7 units per n~t aer~ m~ within a band of land 175 feet wide p~railel to said norlh boundary. (d) (g) (h) 3-3 t:c f (i) Principal building structures sh~l~ I not include more than 4 dwelling units within 175 ~ fi~-t of ~id north bo~l~. , *Two story saback LS measured to the ~cond ~y port, on of the structure. One gory portion is to be measta'ed as a one story ~tructure, if it is a ~ingle family stng:Ra~. 3-4 DEVELOPMENT STANDARDS "R" Residential Are. ms TABLE III SINGLE SINGLE FAMILY FAMILY DETACHED DETACHED CATEGORY I *4 2 *4 PATIO, ZLL, OR 'I~'O FAMILY CLUSTER, ATTACHED/ MULTI-FAMILY OR DUPLEX TOWN HOUSE 3 '4 4 '4 VILLAS MINIMUM SITE 9000 5000 3500 I AC AREA S F/Lot S F/Lot S F/Lot SITE W1DTI t 75' 50' 35' 150. MIN. AVG. SITE DEPTIt 120' 100. 100. 150. MIN. AVG. FRONT YARD 25' 20' 20.* I 20' P St:IBACK SIDE YARD 7.5' 5' 0 or a 20' P St: 1 BACK minimum O' GC of 5' 5 *4 *5 2500 16' N/A 0. REAR YARD 20' P 15' P 15' P 20' P Si=-I BACK PRIN- CIPAL 10' GC 10. GC 10. GC 0. GC REAR YARD 10.P 10.P 10.P 10.P SE'i BACK ACSRY. 0' GC 0. GC 0' GC 0' GC MAX. BtgLDING HEIGIfr STORIES ABOVE PARKING 2 2 2 6 '2 DIST. BETWEEN PR/NCIPAL STIL 15' 10. 0' or 5' FLOOR AREA MINIMUM (S.F.) 1200 15' *3 - I story 25' '3 - 2-3 story 30' *3 - 4 stories & higher 1000 900 750 10'P IO'P 2 SITE DEPTH AVERAGE: Determined by dividing the site area by the site width. 3-5 SITE WI DTI I: The average distance between straight lines connecting front and rear parcel lines at each side of the site. measured as straight lines between the foremost points of the side parcel lines in the front (at the point of the inter~ction with the front parcel line) and the rearmost point of the parcel lines at the rear (point o fintersection with the rem- parcel line}. May be reduced on cul-de-sac lots. P. Perimeter of Internal Sites GC = Golf Course. or Lake Front Sites "I This setback may be reduced to 12' for side entry garage Three story maximum v. ithin the City of Naples for less than 8 units per acre. Four story maximum within the City of Naples for 8 units per acre or greater. *3 or I.r2 the sum of the adjacent buildings, whichever is greater. *4 During the County approval process, tracts shall be designated and approved as a specific category. The approved specific category shall not be changed unless the entire tract is consistent with the new category. Any change from an approved category to another shall be accomplished as per Section 2.7.3.5 ofthe Collier County Land Development Code. In the context here used 'villas' means development that occurs on a platted lot where the lots tend to form a clustered home siting scheme accessed by an irregularly shaped private roadway system. 3-6 4.01 PURPOSE SECTION IV GOLF COURSE/RECREATION/PARK/RIGHT-OF-WAY The purpos~ of this Section is to ~'t forth thc rcgn!.fions for thc areas ,t~ignated on Map H Planned Unit Development Master Plan as, golf course, clubhouse, driving range, parks, fight-of-ways; dedicat,d easements and taillty cortidot~. 4.02 PERMITT'ED USES AND STRUC"HJRF~ 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. Pcrmittcd Principal Uses and Structures 1) Golf Course(s) 2) Tennis Club and facilities 3) Water management facilities; essential services (in accordance with Section 2.6.9 of the Zoning Ordinance). Lakes, including lakes with seawall and other types of architectural bank treatment. 4) Open space reereatioaal activities, community par~, and similar uses, including but not limited to shuffleboard courk% t~qnia courts, awlmmlng pools, boat dncks and ramp, canoe launches, fmh lng pi~'a, boat storage, boach observation platforms, boardwalks, play~oand, picnic areas and other types of fadlities intend~ for outdoor recr~fon. 5) Community center/clubhouse(s). 6) Storage, maintenance yards, and landscaping nu~es within FP&L essengats, fight-of-ways, and open space. Subject to ~,p. ocal of the persom or entities in who~e favor the easement or fight-of-way runs. 7) Project Information and Sales Center s) Any other u~c which is comparable in nature with the foregoing uses and which the Collier County Planning Services Manager or the City Community Development Director d~termines to be compatible in the diatfica. 4-1 1 7F "11 B. Permitted Accessory Uses and Structurcs Accessory uses customarily associated with the principal uses permitted in this district including but not limited to: I) Pro-shop, practice driving range, cml barn and other customary accessory uses of golf courses, or other recreational facilities, including maintenance area and pump houses, golf course rain shelters, restrooms, and snack bars. 2) Small commercial establishments, including gift shops, golf and tennis equipment sales, restaurants, cocktail lounges, and similar uses intended to serve pau-ons of the golf course or other permitted recreational facilities, subject to the provisions of the applicable supplementary district regulations of the Zoning Ordinance of Collier County. 3) Vehiclc wash facility. 4.03 DEVELOPMENT STANDARDS I) Overall site design shall be harmonious in terms of landscaping, enclosure of structures, location of access streets and parking areas and location and treaunent of buffer areas. 2) Buildings shall be set back a minimum often (Iff) feet from parcel boundaries, except for common boundaries between golf course, recreation and park uses, and water management facilities, in which case the setback is z~ro (0) feel 3) Maximum height of stnmures: Fifty (50) feet, unless abutting a residentially zoned parcel, then thirty five (353 feet. 4) Minimum distance between principal buildings: Five (5') feet - I and 2 story buildings that are a part of an architecturally unified grouping of structures. Ten ( I 0') feet - I story. Twenty (20) feet - 2 story. 4-2 7) Setback for structures from parcel boundaries abutting residential areas: Twenty (20') fcct- principal structures. Ten (10') feet - accessory structures. Parking for the community center/clubhouse shall be one space per every two hundred (200) square feet of gross floor area, v,'hich shall be considered inclusive of required golf course parking. Standards for parking, landscaping, signs, guard houses, enlxance gates and other land uses not speci fled herein are to be in accordance with Collier County Zoning and Signage regulations in effect at the time pe,mits are requesled unless otherwise specified herein. Unless otherwise indicated, setback, heights, and floor area standards apply to principal structures. A 20' landscape buffer shall be provided along Golden Gate Parkway within the northwest quadrant adjacent to the golf course corridor. 4-.3 5.01 5.02A 5.02B SECTION V CONSERVATION AND OPEN SPACE AREAS PURPOSE The purpose of this Section is to set forth the regulations for areas designated as conservation and open space. PERMITTED USES AND STRUCTURES - CONSERVATION AREAS 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: I ) Passive recreational areas, boardwalks, observation platforms. 2) Biking. biking, health and nature trails, canoe launches, golf cart paths. 3) Water management facilities, roadway crossings and utility eroasings. 4) Lighting and signage. 5) Any other activity or use which is comparable in nature with the foregoing uses and which the Collier County Plarming Services Manager or the City Community Development Director determines to be compatible with the intent of tiffs district. PER.MIl'TED USES AND STRUCTURES - OPEN SPACE AREAS No building or ~xucture, or pan thereof, shall be erected, altered or used, or land or water used. in whole or in part. for other than the following: 1 ) Parks. passive recreational areas, boardwalks, observation platforms. 2) Biking. hiking, health and nature trails, boat docks, fishing piers, canoe launches, boat storage, golf cart paths. 3) Equesu4.an paths. 4) Water management facilities and lakes, as approved by the South Florida Water Management District, roadway crossings and utility crowings. 5-1 5) Recreational shelters, active park facilities, and restrooms, offstreet pm'king, lighting and signagc. 6) Any other activin' or use which is comparable in nature with the foregoing uses and which the Collier County Planning Services Manager or the City Community Development Director det,;~iiines to be compatible with the intent of this district. 5.03 DEVELOPMENT STANDARDS I ) Overall site design shall be harmonious with the azea's natural characteristics. 2) All work proposed in wetland areas designated on the Masler Plan shall b~ reviewed and approved by the Collier County environmental staff and appropriate county, state or federal regulatory or jurisdictional agency prior to the commencement of any such activity. 3) Thc County may request copies of permits from all appropriate regulatory agencies or jurisdictional agency prior to construction plan approval. Conservation areas are subject to jurisdictional agencies review and lis~ed usages do not guarantee that those usages will be approved. 4) Standards for parking, landscaping, signs, guard houses, entrance gates and other land uses not speci fled herein are to be in accordance with Collier County Zoning and Signage regulations in effec~ at the time permits are requested unless otherwise specified herein. 5-2 6.01 17F ,ail SECTION VI COMMERCIAL PURPOSE The purpose of this section is to set forth the regulations for the area designated on Map H PUD Master Plan. as "C" Commercial "O/C" Office Commercial, "C/H' Commercial Hotel, "O' Office. and "Town Center". These axe areas located within a designated activity center, therefore permitted uses for these tracts are intended to be inclusive of nil types allowed by the City of Naples and the Collier County Zoning Ordinance. 6.02 PERMI I ~ ED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used. in whole or in part. for other than the following: I ) Permitted Principal Uses and Structures for C, O/C, C/H, and Town Center Tracts: (a) Antique shops; appliance stores; art studios; art supply shops; automobile parts stores: automobile service stations without repairs (See Section 2.6.28)* I: awning shops. (b) Bakery shops including baking; bait and tackle shops*2; banks and financial institutions, including drive-in windows; barber and beauty shops; bath supply stores; bicycle sales and services; blueprint shops; bookbind~, book stores; business machine services; business offices, building maintenance services and building supplies. (c) Cabim't shops, canteen ~vices, building maintenance services, building supplies, carpet and floor covering sales - which may include storage and irtstallation: em wash; child care centers; chm'ches and other places of worship (See Section 2.6.10)'1; clothing gores; cocktail lounges (See Section 2.6.10)'1; commercial schools; confectionery and cargly stores, concessions and vendors; civic and cultural facilities colleges, universities and schools; convalescent centers and nursing homes; computer sales and services*Z (d) Delicatessens; &-'parlment stores; drug stores; dry cleaning, collecting and delivery; dry goods stores: drapep/shops; department stores. (c) Electrical supply stores; express office; employment agencies; equipment rcmals repair and sales including lawn mowers and pov~r saws. 6-1 (0 (g) (h) (i) (J) (k) (I) (m) (n) (o) (p) Farmers market*2, fish stores - retail only; florist shops; fi-atcmal and social clubs (Sec Section 2.6.10)* 1: food markets; furniture stores; furrier shops. Garden supply stores - outside display in side and rear yards*2; gift shops; glass and mirror sales - including storage and installation; gourmet shops; gunsmiths. ttardwarc gores: health food store: homes for the aged; hospitals and hospices: hotels, motels and transient lodging facilities; hobby supply stores. Ice cream stores, indoor commercial recreation, interior decorating showrooms. Jewelry stores. Laundries: laboratories, film research and testing; leather goods; luggage stortm; linen supply shops; lithograph; laboratories; liquor stores; locksmiths; lakes and water bodies with seawalls and architectural bank treatments, or conventional lake banks. Markets - food; markets - meat; medical offices and clinics; millinery shops; motion picture theaters; museums; music stores; mortgage brokers. New car dealerships, outside display permitted; news stores; night clubs*2 (See Section 2.6.10)* I; Office- general - business, and professional; office supply ~tores. Paint and wall paper stores; post offices; pet shops; photographic equipment stores; potm, y stores*2; printing*2; publishing and mimeograph service shops*2; private clubs*2 (Sec Section 2.6.10)el; plumbing shopa nnd supplies. Radio, television and appliance sales and services; radio stations (offices and studios), and auxilia~ mm.m~tters and _ree_~ving eq~pmems, but not principal transmission tower; resea~h d~ign and develo~,,,um~ ~ estate offices; rest homes; restm.-ants -including dfiw-in or fast food n:$tau/~nta and full service (See Section 2.6. I 0)* 1; retail sales of used goods; all uses permitted in Section III and IV of this document - subject to development s~x~l~,rds identified in those Sections. 6-2 2) ~q) Small scale retail sales other than shopping centers; shoe sales and repair; shopping centers (See Section 3.3)'1; souvenir gores; stationery stores; supermarkets: sanatoriums; and interim sewage treatment plant*2. (r) Tailor shops; taxidermists; tile sales - ceramic tile; tobacco shops; toy shops; tropical fish gores; telephone exchange shops: transportation, communication and utility offices. (s) Variety stores; vehicle rentals, veterinarian offices and clinics - no outside kennels. Watch and precision instrument sales and repair shops. (u) Any other commercial use or professional service which is comparable in nature ~.Ath the foregoing uses and which the Collier County Planning Services Manager or the City Community Development Director determines to be compatible in the district. (v) Any other commercial uses set forth in the City of Naples Development Agreement. Permitted Uses and Structures for "O" (Office) Tracts: (a) A~ Studios (b) Banks and financial institutions, including drive-in windows; book stores; business offices. (c) Child care oenter~; churches and other places of worship (see Section 2.6.10); commercial schools; civic and cultural facilities; colleges, universities and schools. (d) Express office; employment agencies. (e) Fraternal and social clubs (See Section 2.6.10)' 1. (f) Homes for the aged; hospitals and hospices. (g) Laboratories; lakes and water bodies v,4th seawalls and architectural bank treatments, or conventional lake banks. (h) Medical offices and clinics; morlgage brokers. 6-3 6.03 17F ' (i) Office - general - business, and professional: office supply stores. {j) Private clubs°2 (See Section 2.6.10). Ik) Radio stations (offices and studios, and auxiliary transmitters and receiving equipment, but not principal transmission tower): research design and development: real estate offices: all uses permitted in Section III and IV of this document - subject to development standards ideati fled in those Sections. (I) Transportation. communication and utility offices. (m) Veterinarian officcs and clinics - no outside kennels. In) Any other commercial use or professional service which is comparable in nature with the foregoing uses and which the Collier County Planning .Services Manager or the City Community Development Director determines to bc compatible in the district. 3 } Permitted Accessory Uses and Structures: Accessory uses and structures customarily associated with the uses permitted in this district. Ca) Caretaker's residence (See Section 2.6.16)*. Development Stahdards I ) Minimum Lot Area: Ten thousand (10,000) square feet. 2) Minimum Lot Width: One hundred feet (I00'). 3) Minimum Setback Requirements (Internal): (a) Front setback - Twenty feet (20'). (b) Side setback - None, or a minimum of five feet 15') with unobstructed passage from front to rear yard. (c) Rear setback - Fifteen feet (15'). (d) Waterfront setback-Zero feet (0') to seawall, bulkhead, or rip rap, otherwise fifteen feet (15'). (c) Parcels with two frontages may reduce one front setback by ten feet (10'). 6-4 4) 5) 6) 7) S) 9) 10) Il) 12) Minimum ~-~.backs and buffers from external right, of-ways: (a) Golden Gate Pail:way - Fifty foot (503 setback, Twenty foot (203 landscape buffer. (b) Aiqx~ Road and Livingston Road - Twenty foot (20') pins two feet (2') for every one foot (I') of building height: twenty foot (203 landscape buffer. Maximum Height: Fifty (50) feet. Minimum Floor Area of Structures: One thousand (1,000) square feet per building on the ground floor. Kiosk vendors, concessions, and temporary or mobile sales structures are permitted to have a minimum structure of twenty-five (25) square feet, and azc not bound by setback requirements. Maximum Floor Area Ratio (FAR) for Corm'nercial Uses: Based on gross leaseable floor area (GLFA) and acreage. Retail: Office: .30 Project total 649,638 GLFA .35 Project total 653,453 Gross Floor Area Maximum Density of Hotel, Motel and Transient Lodging Facilities: 30 rooms per Distance Between Structm'e~: Same as for side yazd setback. Standards for parking, landscaping, signs, guard Muses, entrance gates and other land uses not specified herein sm to be in accordane~ with Collier County Zoni,,g and Signage regulations in effect at tbe time permit~ a~ requested truism ~ specified herein. Unle~ othea'wbe indicated, setback, heights, and floor axea standards apply to principal structures. A twenty-five (25) foot landscape strip of land shall be provided along all arterial road commercial frontages. The public internal loop road in the Northeast quadrant shall be con. strueted in accordance with Collier County standards. * I These section references ~ from the Collier County Land Development Code. °2 Northeast and Southeast quadrants only. 6-5 1 7F ,mm 7.01 PURPOSE SECTION VII GENERAl. DEVELOPMENT COMMITMENTS The purpose of this Section is to set forth the development commitments of thc project. 7.02 P.U.D. MASTER PLAN I) The P.U.D. Master Plan - Map il is an illustrative preliminary development plan. The design criteria and layout illustrated on the Master Plan shall be understood to be flexible, so that. the final design may satisfy project criteria and comply with all applicable requirements of this ordinance. 2) All necessary easements, dedications, or other instruments shall be granted to insure thc continued operation and maintenance of all service utilities. 3) Site design changes shall be permitted subject to Collier County and/or City of Naples staff administrative approval, where such changes are consistent with the intent of this I'.U.D. and do not cause significant impact to surrounding properties abutting the Grey Oaks PUD. 7.03 ENVIRONMENTAL 1) Petitioner shall be subject to Collier County Growth Management Plan Conservation and Coastal Management Element Objectives 6.4.6 and 6.4.7 Ordinance No. 82-2 as amended by Ordinance No. 89-49 and Ordirumce No. 75-21 as amend~l by Ordinance No. 89-58. The 25% shall be monitored at each site clearing plan submittal, Thc petitioner shall receive credit from any phase where the 25% amount is exceeded to be applied to a phase wberc it ia not. In any phase of development where credit toward thc 25*/0 is needed the petitioner shall delineate on the site cleating plan the percentage of viable natm'ally functioning native vegetation retained and/or axeas of landscaping and open space which arc planted with native species. The petitioner shall show the calculations on each site clearing plan which totals the overall 25% for the project build-out. 2) Petitioner shall obtain all necessary local, state and federal permits. Copies of appropriate jurisdictional delineations arc required at the time of subdivision master plan per thc Count)' Engineer. 3) Protected plant species (buuerfly orchid) and those which may be observed during each construction phase shall be protected from injury or r~located on site. The 7-1 t 7F 4) 5) 7) g) existing locations as well as the transplantation locations, if warranted, shall be identified on the site clearing plan for each phase of constroction. Thc petitioner must receive all appropriate state approvals for a~oring and handling hazardous materials prior to construction of the golf maintenance facilities. All hazardous materials will be stored in a central location, removed from the Gordon River headwaters or Golden Gate Canal. There will be no storage of hazardous materials, that is in excess of two (2) days supply, at thc satellite facilities. However, petroleum storage at these facilities shall be allowed, but only in above ground storage facilities constructed and maintained in accordance with EPA and FDER standards. Thc petitioner shall submit any required contingency plans approved by appropriate state and federal agencies for clean up and mitigation of unauthorized release of ha~'ardous materials. Buffers around protected v.'ctlands shall comply with South Florida Water Managcment District critcria. Dcvclopment of Grey Oaks shall proceed in accordance with the contents of this documcnt. PUD-Planned Unit Development District, applicable sections of the Grov,~.h Management Plan and the regulations in th~ Collier County Land Develop- ment Code in effect at the time of issuance of any development order~ to which said regulations relate governing the permitting and construction ofimprovements, such as but not limited to Final Subdivision Plat, Final Site Development Plan, Excavation Permit and Preliminary Work Authorization. Where these regulations fail to provide development standards then the provisions of the most similar district in the County Land Development Code shall apply. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit (ER.P) rules and regulations, us w~ll us rig U.S. Army Corr~ of Engineers Section 404 p~,,,,itting program. Ru-movai of exotic vegetation shall not be the sole means of mitigation for impacts to Collier County jurisdictional wetlands. All conservation areas shall be recorded on thc plat with protective covenants per or similar to Section 704.06 of th~ Florida Statutes. Conse~'ation areas shall be dedicated on the plat to the project's home owners' association or like entity for ownership and maintenance responsibilities, and to Collier County with no responsibility for maintenance. An exotic vegetation eradication, monitoring, and maintenance (exotic free) plan for thc site. with emphasis on conservation/preservation areas, shall be submitted to the Current Planning Environmental Staff for review and approval prior to final site plan/construction plan approval. 7-2 1o) Petitioner shall coordinate protected wildlife species issues through the ERP and Corps Section 404 I~mit review process and comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (FWS) and Florida Game and Fresh Water Fish Commission (FOFWFC) made part of any ERP or Section 404 permit i.~tlartae. Where eiotected species occu~ on site, a Habitat Management Plan for those protected species shall be submitted to Current Planning Environmental Staff for review and approval prior to final site plan/consm:ction plan approval. 7.04 WATER MANAGEMENT l) Detailed, paving, grading and site drainage plans shall be submitted to Engineering Review Services for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by Engineering Re~4ew Services. 2) In accordance with the Rules of the South Florida Water Management District, (SFWMD) Chapters 40E4 end 40E40, this project shall be designed for a storm event of 3--day duration and 25-year return frequency. 3) An Excavation P;..it will be requirext for the proposed lake(s) in accordance with Collier County Ordinance No. $$-26 and SFWMD Rules. Several of the lakes proposed do not meet the minimum setha~k requirements of Ordinance 88-26. The master plan shall be revised to meet the minimum setback requirements or documentation shall be provided during the Subdivision Master Plan proee~ to allow a reduction in the setback with appropriate barriers provided. 4) The lake and swale typical cross-sections shall conform to ell applicable County Ordinances. 5) This project is recommended for approval for rez~ning and DRI purposes only. Detailed site drai~ge plans of each drainage sub-basin shall be submi~ to the Eavironmental Advisory Board, or its m~w.~ssor, for t~-vi~v. No oomstnm~oa permits shall be issued unless ~md until approval of each individual drainage sub-basin is granted by the Engineering Review Services. 6) An executed agreement between the applicant, Big Cypress Basin ~md th~ South Florida Water Management District, detailed plans and associated doeumemation relating to th~ installation of the new control stxuetuxe and th~ t~localion of th~ existing amil gate stxu~ure including ba~k pump facilities ~hMI be submitted to Engineering Review Services for review prior to construction plan approval. 7-3 17F 7} A copy of the South Florida Water Mmagement District Conceptual Permit or favorable staff report shall be required prior to Subdivision Master Plan approval. A copy of South Florida Water Management District Permit or Early Work Permit is required prior to conslrUCtion plan approval. 9) Documentation from Florida Power and Light allowing use of their right, of-way for the puqaoses of water management shall be provided prior to Subdivision Master Plan approval. 10) This approval does not constitute agreement by the County to any control elevation or discharge rate. All agreements shall be made with South Florida Water Management District/Big Cypress Basin. 7.05 TRANSPORTATION I} Thc developer shall provide appropriate left and/or right turn lanes on Airport Road. Golden Gate Parkway and Livingston Road at all project accesses. 2) Thc dcvcloper shall provide arterial Icrc[ street lighting at all project accesses. 3} Thc developer shall providc a fair sharc contribution toward the capital cost of traffic signals, including interconnection where applicable, at any project ace. gsa when deemed warranted by the Count1.'. The signals vdll be owned, operated and maintained by Collier County. 4) Li~fngston Road Right-of-Way Dedication: a) Thc developer shall dedicate sufficient right, of-way north of Golden Gate Parkway to establish a right.of, way corridor 120 feet in width along the entire length of the developer's property, taking into consideration tl~ Livingston Road right-of, way ~ent. Additional right-of-way within the Florida Power and Light easement may be r~quired subjozt to approval and release~ by Florida Power and Light. The d~veloper ah,all pay, or may utilize" reduction of existing impact fee credits in the amount of $ 30,000 in full satisfaction of the developer's obligation to reimbur~ th~ CoulD/ for th~ County's costs in negotiating and obtaining any app, oval and r~lea.se$ by Florida Power and Light necessary, to fulfill the 120 foot right-of-way width requirement. b) The developer shall dedicate 50' feet or mad right-of, way south of Golden Gate Parkway along the length of the developer'a property. In addition, for a distance of 200 feet south of Golden Gate Parkway, the developer shall 7-4 dedicate an additional 50 feet in width immediately west of the aforementioned right.-of-way. Said additional 50 feet in width may be in the form of a 25 foot wide road fight-of-way dedication and a 25 foot wide easement for drainage, water management, landscaping, and bikepath use. For the next $00 feet south of Golden Gate Parkway, the developer shall dedicate a strip of land tapering from 50 feet in width in the north to 0 feet in width in the south, in a diminishing line immediately west of the aforementioned fight.of-way. Said additional property shall, to th,' extent it exceeds 25 feet. be in the form of an easement for drainage, water management, landscaping, and bikepath use. The "casements" (as opposed to the dedications) specified herein may be used to satisfy all or part of the setback and buffer requirements for the adjacent properly. The land to be dedicated by the developer, as described above, consists ora total of 3.891 acres, and is identical to parcels 137 and 937 which are the subject of a S!ipulaled Order of Taking, dated July 24, 1998, entered in Collier Cotmty"~ Ctrcuit Court Case No. 95-1635 CA. The developer and County agree that (.~ the deve. loper shall be entitled to impact fee credits for the 3.891 acres(, comprising parcels 137 and 937 at the rate of $g5,000 per acre for n total.) credit of $330.735 for this additional land dedication. c) The requirement in Grey Oaks DR1 Development Order 90-3 at paragraph~ 5.c.(iv) that the applicant build Livingston Road from G..olden Gate Parkway ] south to the beginning of the northern approach to the bridge over the Golden ~, ~ Gate Canal (based upon. the cost of a two-lane rmal roadway) shall be fully '~v satisfied by the reduction of existing or future impact fee credits, in theft amount of One Hundred Eighty-Five Thousand Dollars ($185,000). 5) Th~ developer shall dedicate 40 feet of right-of-way along the north sich: of Golden Gate Parkway west of Airport Road along the ent. i~ length of the developeffs property, shall incorporate the Golden Gate Parkway drairmg¢ into the ~ter management system of the developer's peoject, and shall accept all drainage fi'mn both a quality and quantity standpoint. 6) Thc dcveloper shall dedic:~_!e 40' for right-of-way on each side of Oo~ C}a~ Parkway between Airport Road and Livingston Road within four (4) months ora writlen request from the County.. 7~ ('oilier County resets.es the right to expand the lanes on Aiqaort Road by adjusting the cross section of the existing canal to incorporate road run-offin the lake system. The developer shall dedicate sufficient right-of-way at tl~ intersection of Abort Road and Golden Gate Parkway to allow a grade aeparated urban interchange with Golden Gate Parkway being the grade separated roadway. 7-5 9) ~0) 11) 12) All traffic control devices used, cxcluding stree~ name signs, shall conform with thc Manual on Uniform Traffic Control Deviees as recFaired by Chapter 316.0747. Florida Statutes. I f Collier County adopts a proportionate share or areawide transportation assessment program, or modifies its Impact Fee Ordinance. to provide additional credit for fight- of-way dedication, the developer shall be entitled to such a credit towards the 25 acres more or less of dedication. It is understood that the total arnount of land involved in these dedications is equal to 25 acres more or less. The number, type. and location of, and allowable changes to project access intersections with County roads shall be as set forth in Exhibit D to the Halstatt DRl/Orey Oaks Development Order. Impact fee payments shall be made to Collier County pursuant to the Impact Fee Ordinance in effect at the time of relevant permit application, said Impact Fee Ordinance currently being Ordinance 90-14. amending Ordinance 85-55. 13) The developer recognizes that when the County expands Golden Gate Parkway to a six-lane configuration, the County will be desimns of assistanco in conveyance of the additional storm water discharge from Golden Gate Parkway Io the Golden Gate Canal. County and Developer agree to explore whether it would be in their individual best interests and mutual advantage for developer to incorporate some of the storm water discharge from Golden Gate Parkway into the water management system for the southeastern quadrant of Grey Oaks. In the event the parties agree that it is in their respective best interests for developer to accept said stormwater for conveyance and water quality, cost sharing or impact fee credits may be used to recompense the developer for costs associated with said conveyance or storage. UTILITIES 1) The water distribution system and appurtenant facilities to serve the project are to be designed, constructed, conveyed, owned and maintained pursuant to the requirements of the City of Naples. 2) The sewage collection, transmission and treatment and disposal facilities to serve the portions of the project on the west side of Airport Road are to be designed, construction, conveyed, owned and maintained pursuant to the requirements Gl'the City of Naples. 3) Provisions for sewer service to those portions of the project lying on the essl side of Airport Road shall be as follows, unless a service area modification is approved 7-6 between thc City of Naples and thc Collier County Water-Sewer District prior to the submission of subdivision master plan applications to Collier County for thc project. a) The sewage collection and transmission and interim sewage treatment facilities to serve the potions of the project on the east side of Abort Road are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 88-76. aa amended, and other applicable County rules and regulations. b) All customers connecting to thc sewage collection facilities to be constructed will be customers of thc County and will be billed by the County tn accordance with thc County's established rates. Should thc County not be in a position to provide sewer service to the project, the sewer customers shall be customers of thc interim utility established to serve the project until thc County's off-site water and/or sewer facilities arc available to serve thc project. It is anticipated that the County Utilities Division will ultimately receive and treat the sewage generated by this project. Should the County system not be in a position to receive the project's wastewater, at the time development commences (that generates wastewater), the Developer, at his expense will install and operate interim on-site sewage treatment nad disposal facilities adequate to meet all requirements of the appropriate regulatory agencies. An agreement shall bc entered into between thc County and the Developer, his assigns or successors regarding any interim treatment facilities to be utilized. The agreement must be legally sufficient to thc County, prior to thc approval of construction documents for thc project and be in conformanco with thc requirements of Collier County Ordinance No., 88-76, as mended. d~ The utility consu'uction documents for the project's sewerage system shall .be prepared to contain the design and construction of the on-site force mare which will ultimately connect the project to the futurc central seweragn facilities of the District in the Airport Road rights-of-way. The force main must be extended from thc main on-site pump station site to the eng. right-of- way line of Airport Road and capped. It must be interconnected to the pump station with appropriately located valves to pecmit for simple redirection of thc project's sewage when connection to the County's central sewer facilities becomes available. e) Prior to thc approval ofcoustruction documents that provide for development that generates wa.stcwatcr by the County, the Dcvelopcr must present vcrification, pursuant to Chapter 367, Florida Statutes, that the Florida Public 7-7 7.07 g) SIGNAGE I) 2) Service Commission has granted territorial rights to thc Developer to provide thc service through its sewer facdities. The project's Developer(s). his assigns or successors shall negotiate an Agreement with the Collier County Water-Sewer District for the use of treated sewage effluent within the project limits, for irrigation purposes. The Developer would be responsible for providing all on-sim piping and pumping facilities from tho County's point of delivery to the project and negotiate with the County to provide full or partial on-site storage facilities, as required by the DEP, consistent with the volume of treated wastewater to be utilized. Subdivision master plans shall identify the location of interim wastewater treatment facilities required. In addition, documentation must be provided to verify that the site is of adequate size for the facility intended. General a) All County sign regulations shall apply unless such regulations are in conflict with the conditions set forth in this section. b) For the purpose of this PUD Document/Ordinance, each platted parcel shall be considered a separate parcel of land and shall be entitled to any sign as permitted herein. c) Should any o fthe signs be requested be placed within the public right-of-way, a right-of-way permit must be applied for and approved. d) All signs shall be located so as not to cause sight distance problems. Entrance Signs a) Two (2) signs with a maximum area of 60 square feet each or one (1) sign with a maximum area of 100 square feet shall be permitted at each entrenec of the development. b) Entrance signs shall not exceed a height o f fifteen (15) feet abeve thc finished ground level of the sign site. c) Entrance signs may be lighted provided all lights are shielded. 7-8 .... IIIII l 7F 3) Projeet Signs a) Project signs, designed to promote the Project. or any major use within the project shall be permitted along the east and west side of Aii'port Road, the north and south side of Golden Gate Parkway, and the west side o fLivingston Road, and on all land tracts within Grey Oaks PUD limits subject to the following conditions: I) Project signs shall not exceed a height of twenty (20) feet above the finished ground level of the sign site nor may the overall area of the sign face exceed one hundred (100) square feet. 2) A maximum of fourteen (14) project signs shall be permitted. Six (6) located along Airport Road frontage, four (4) each located along Golden Gate Parkway and Livingston Road frontage. The location of such signs shall generally be limited to a one-qua~er mile spacing requirement unless existing vegetation requires a somewhat closer spacing. An additional 5 intersection signs shall be permitted at the intersections of Golden Gate Parkway with Airport Road and Livingston Road. 3) Project signs may be lighted provided all lights arc shielded. 7.08 ENGINEERING I) Detailed paving, grading, site drainage and utility plans shall be submitted to Engineering Review Services for review. No consmaction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by Engineering Review Services. 2) Design and construction of all improvements shall be subject to compliance with the appropriate provisions of thc Collier County Ordimmc_-'s_ regulating subdivisions, unless otherwise approved as an exception to said regulations during Subdivision Approval. 3) Platting shall be accomplished when required by Collier County Ordinances regulating subdivisions. 4) Work within Collier County tight-of-way shall meet the requirements of Collier County Right-of-way Ordinance 82-91. 7-9 5) Internal acc.~ss into tracts as shown on the PUD Master Plan is informational only. Exact locations shall be dete, mlned during Subdivision or Site Development Plan approval. 7.09 EXCEPTIONS TO SUBDIVISION REGULATIONS Exceptions to subdivision regulations shall be requested at the time of application for subdivision approval in accordance with applicable subdivision regulations in effect at the time of development. 7.10 SCHOOL DISTRICT The applicant shall dedicate a fifteen (15) acre school site to the Collier County Sclx)ol District at a location (off-site) agreed upon between the Applicant and the Sc. hool District. 7,11 FIRE STATION/EMS SITE The applicant shall dedicate a 1.5 acre site for use by the North Naples and the East Naples Fire Districts. together with Collier County Emergency Medical Services. Th~ site shall be dedicated in fee simple, subject to thc following conditions: 1) Thc site shall revert to thc owner if it is not utilized for a fir~ and ~ facility for at least five (5) years. 2) If either fire district for th~ Emergency Medical Services adopts impact fees the Applicant shall be antifled to impact fee credit for the dedicated site based on the fair market value on the d~- of dedication. O :~U S ER.~'~A NA~Wp~O REYOAKX~m~JD.FNL October 22, 19~8 7-10 [liilillilllllJlililililllliilllilliillllllllllllilllillillillli' !!i111111111111111111111111111!!i!11111111111111111111111111111 LISA STI~ELE LOCk:ION: Collier County ~ NO: (83.3) 77a-8ao8 PHONE'NO: (813) 774-8406 IRate eent: \ T£me sent: November 2, 1998 Ms. Joyce Blaizer Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: PUD-89-6(3) Grey Oakes Dear Joyce: Please advertise the above referenced notice one time on Sunday, November 8, 1998, and kindly send the Affidavit of Publication, duplicate, together with charges involved to this office. Thank you. Sincerely, in Lisa Steele, Deputy Clerk Purchase No. 912501 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on 'I~ESDAY, NOVEMBER 24, 1998, 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 UNICORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAPS NUMBERED 9524N, 9524S, 9525N, 9525S AND 9526N BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM 'PUD" TO 'PUD' PLANNED UNIT DEVELOPMENT KNO~ AS GREY OAKS, FOR PROPERTY LOCATED iN THE NORTHWEST, NORTHEAST, AND SOUTHEAST QUADRANTS OF AIRPORT-PULLiNG ROAD (C.R. 31) AND GOLDEN GATE PARKWAY (C.R. 886), IN SECTIONS 24, 25 AND 26, TO?~SHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 1601+ ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 97-45, AS AMENDED, THE FORMER GREY OAKS PUD; ~4D BY PROVIDING AN EFFECTIVE DATE. Petition No. PUD-89-6(3) , George L. Varnadoe of Young, van Assenderp & Varnadoe, P.A. representing Halstatt Partnership, requesing a change in the zoning classification from 'PUD' to PUD' Planned Unit Development known as Grey Oaks. (Companion to DOA-98-1) Copies of the proposed Ordinance are on Board and are available for inspection. invited to attend and be heard. file with the Clerk to the Ail interested parties are NOTE: All persons wishing to speak on any agenda item must register with the County administrator ~rior 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 l0 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is ~ade, 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/Lisa Steele, Deputy Clerk (SEAL) November 2, 1998 George L. Varnadoe Young, van Assenderp & Varnadoe, 801 Laurel Oak Drive Suite 300 Naples, FL 34108 P.A. Public Hearing to Consider Petition PUD-89-6(3) Grey Oakes 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, Lisa Steele, Deputy Clerk Enclosure I II November 2, 1998 Mr. Steven Atkins Development of Regional Impact Section State of Florida Department of Community Affairs 2740 Centerview Drive Tallahassee, FL 32399 Public Hearing to Consider Petition PUD-89-6(3) Grey Oakes Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on T~eeday, 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, Lisa Steele, Deputy Clerk Enclosure November 2, 1998 Mr. Daniel Trescott DRI Coordinator SWFRPC P O Box 3455 N. Ft. Myers, FL 33918-3455 Public Hearing to Consider Petition PUD-89-6(3) Grey Oakes 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, Lisa Steele, Deputy Clerk Enclosure November 2, 1998 Halstatt Partnership 2640 Golden Gate Parkway Suite lll Naples, FL 34108 Public Hearing to Consider Petition PUD-89-6(3) Grey Oakes 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, Lisa Steele, Deputy Clerk Enclosure 17F 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 ~4E~IDING THE OFFICIAL ZONING ATLAS MARS NUMBERED 9524N, 9524S, 9525N, 9525S AND 9526N BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS GREY OAKS, FOR PROPERTY LOCATED INN THE NORTHWEST, NORTHEAST, AND SOUTHEAST QUADRANTS OF AIRPORT-PULLING ROAD (C.R. 31) AND GOLDEN GATE PARKWAY (C.R. 886), IN SECTIONS 24, 25 and 26, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 1601+ ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 97-45, AS AMENDED, THE FOP~ER GREY OAKS PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, George L. Varnadoe of Young, van Assenderp & Varnadoe, R.A., representinq Halstatt Partnership, petitioned the Board of County Comtaissioners 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 Sections 24, 25 and 26 , Township 49 South, Range 25 East, Collier County, Florida, is changed from "PUD" to "PUD" Planned Unit Development in ~,.cordance with the PUD DoctJment, attached hereto as Exhibit "A", which :s incorporated herein and by reference made part hereof. The Official Zoning Atlas Maps numbered 9524N, 9524S, 9525N, 9525S and 9526N, as described in Ordinance Number 91-102, the Collier County Land Development Code, are hereby amended accordingly. SECTION TWO: Ordinanc,. ~:u~ber 97-45, as .~men([ed, known as the Grey Oaks PUD, adopted or. S.:f~t,~b~.r 16, iQ9?, by the Board of County Cotamlssioners of Collier County, ts hereby 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 of Collier County, Florida, this ~/ day of 3~,,,~i998. ATTEST: DWIGHT:~. BROCK, Clerk Legal MarJo~e M. Stud Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BAR~]%A' B. BERRY', C~a~n ! 7F PLANNED UNIT DEVELOPMENT DOCUMENT FOR GREY OAKS PREPARED BY: GEORGE VARNADOE, ESQUIRE YOUNG, VAN ASSEHDERP AND VARNADOE 801 Laurel Oak Drive Naples, Florida 34108 DATE FILED DATE APPROVED BY B~ A~ED BY ORDIIqANCE AMENDED BY ORDINANCE 17F INDEX List of Maps, Exhibits. and Tables Statement of Compliance and Short Title SECTION I Properly Ownership and Legal Description SECT/ON II Project Development SECTION III Residential SECTION IV GolfCoutsedRecreation~atk/Right.of. Way SECTION V Conservation/Open Space SECTION VI Commen:ial SECTION VII General Development Commitments PAGE ii iii 1-1 2-I 3-1 4-1 .5-1 6-1 7-1 A H Location Map PUD Master Plan LIST OF MAPS AND TABLES MAPS TABLE I TABLE II TABLE III TABL 'ES Land Use Summary Project Abaorption Schedule Estimate Development Standards ii d 1 7F STATEMENT OF COMPLIANCE It is the intent of the Ilalstatt Partnership, A Florida General Partnership to create a Planned Unit Development fPUD) to be known as (3rev Oaks Planned Unit Development. on 1,601.39 acres of land located in Section 24. and 25. Township 49 South. Range 25 'East, Collier County, Florida, and Section 26. Township 49 South. Range 25 East, City of Naples. Florida. The residential, recreational and commercial facilities of Ti tE HALSTATI' DRI/PUD are consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives of the City of Naples and Collier County for the following reasons: I) The subject property, is located within the City and County Urban service areas and there are adequate available community facilities and se~ices to support the proposed residential density and commercial intensity. 2) The City of Naples made a determination that the part of Grey Oaks in the City is consistent with the goals, objectives and policies of the Comprehensive Plan and land development regulations adopted by the City. 3) With regard to that pa~ of Grey Oaks within the County: a) Thc project development is compatible and complementa~ to the surrounding land uses and future uses allowed by the Future Land Use Element. b) Improvements axe planned to be in substantial compliance with applicable land development regulations as set forth in Objective 3 of the Future Land Use Element. c) The project development will result in an efficient and economica~ extemion o f community facilities and services as required by Policies 3. I.H. and 3.1 .L. of the Futuze Land Use Element. d) Thc project development is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as required by Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. e) The projected density ofless than two (2) dwelling units per acre is less than that allowed under the Future Land Use Element since the project includes three (3) q-a,L,-ants of an Activity Center and a density band. iii ' The vabject project occupie~ thc nc rthwest, southeast and northeast quadrants of the Activity Center located at the intersection of Airport and Golden Gate Pail:way. This strategic location allow~ the site superior access for the placement of commercial activities. g) The project inelude~ extensive open spaces in the form of golf couraes and incorporates natural features to provide a high quality of life for its residents. SHORT TITLE This ordinance shall be known and cited as the "GREY OAKS Planned Unit Development Ordinance". ~¥ III II I IIIIII I IIII i ,~ q 17F' , SECTION I PROPERTY OWNERSHIP & LEGAL DESCRIPTION 1.01 PROPERTY OWNERSHIP The subject property is currently owned by the lialstatt Partnership which is composed of: Lloyd G. tlendry. Harold S. Lynton and Edith Collier Sproul, (a/k/a Juliet C. Sproul), as Trustees of the Edith Collier Sproul Trust under agreement dated December 29, 1969, and as confirmed by Agreement of Termination of Trusteeship dated June I. 1982, itarold S. Lynton. Lamar Gable and Juliet C. Sproul, as Trustees for Juliet C. Sproul under the will of Baron Collier, Jr., deceased, and as confirmed by Change of Trustees dated June 7, 1982. and filed June 15. 1982, in Probate No. 76-33, of the Probate Records of Collier County. Florida. 1.02 LEGAL DESCRIPTION All that part o fSeetion 24. Township 49 South, Range 25 .East, Collier County, Florida, lying easterly of that 100 foot canal right-of-way as described in O.R. Book 154, page 6, Public Records of Collier County, Florida; ALSO All that part o fSection 25, Township 49 South, Range 25 East, Collier County, Florida, lying easterly of that 100 foot canal right-of-way as described in O.R. Book 154, page 6, O.R. Book 873. page 1879 and O.R. Book 873, page 1882, all of the Public Records of Collier County. Florida; L 'F. SS Golden Gale Parkway (C-$86) as described in O.R. Book 465, page 275, and O.R. Book 465, page 278, Public Records of Collier County, Florida; ALSO LESS those lamls as described in O.R. Book 194, page 603 and O.IL Book 640, page 229, Public Records of Collier County, Florida, ALSO All that part of Se~tion 26, Township 49 South, Range 25 East, Collier County, Florida, lying westerly of Airport-Pulling Road (C-31) and northerly of Golden Gate Parkway (C-886) located within the City of Naples; LESS that portion thereof as described in O.R. Book 539, page 370, Public Records of Collier County, Florida; above property subject to easements and restrictions of record; containing 1,601.39 net acres more or less. I-I [[ r : 17F " 2.01 PURPOSE SECTION II PRO~CTDEVELOPMENT The purpose of this Section is to generally describe the plan ofthe development and delineate the general conditions that will apply to the project. 2.02 INTRODUCTION Grey Oak~ is a 1.601.39 acre mixed u.~ residential development and golf course community with a "town center", and other retail and office development located in Collier County. The property is generally located in the northwest, northeast and southeast q,,~d,xnts of the intersection of Airport Road and Golden Gate Parkway. The property is bounded on the east by Livingston Road: on the south by the Golden Gate Canal; on the west by the Gordon River Watershed: and on the north by the Coach House Land Residential Properties in the west quadrant, and the World Tennis Center in the northeast quadrmnt. The northwest quadrant of the property is in the incorporated City of Naples and constitutes apFroximately 354 of thc 1,601 acres. The remainder of the property is located in the unincorporated area of Collier County. The project is ora size to be a Development of Regional Impact (DRI) and an Application for Development Approval (ADA) ha~ been filed purnmnt to Chapter 380.06, Florida Statutes (1988). Because the City and County recognize that the project has been planned and will be developed m a unified integnued community, the City and County have agreed that a single local govern.menl (Collier County) should have the re~on~ibility for reviewing the planned development and i~,~uing a Development Order pursuant to Section 380.06, Florida Statutes and for adopting the zoning (PUD Ordinance) for the entire v~o.~ect, including tim portion that lies within the City of Naples. In furtherance of the goal of having one entity review the proposed project and adopt a zoning ordinance (PUD) and Development Order for the project, the Developer and the City of Naples have entered into a DEVELOPMENT AGREEMENT and the City o fNaples and Collier County have entered into an "INTERLOCAL GOVERNMENT AGREEMENT" with regard to the project. The DEVELOPMENT AGREEMENT sets forth the maximum intensities of land u~ for the property within the City and provides that the City agrees to accept and adopt (if appropriate) any Development Order and PUD zoning issued by the County that does not exceed the intensities of land uses set forth in said DEVELOPMENT AOIH:ak'MENT. This DEVELOPMENT AGREEMENT allows the County to review the proposed project a~ a single integrated planned community and approve a single set of development s~mdarcls for the entire project by adopting n single PUD Ordinance and Development Order for the project. 2-1 17F The INTERLOCAL GOVERNMENT AGREEMENT between the City of Naples and the County of Collier incorporates said DEVELOPMENT AGREEMENT and further provides that the City and County agree that the County shall conduct the re-zoning and DRI review for the entire 1,601 acre project, including that portion of the project within the jurisdiction of'he City of Naples. A copy of the INTERLOCAL GOVERNMENT AGREEMENT and the DEVELOPMENT AGREEMENT are made a pan of this PUD by reference thereto. Thc County, City and thc Developer have all agreed that the 354 acres within the jurisdiction of the City is an integral pan of the overall Halstatt DRI Community and it is therefore, essential to the viability of the planned community that the PUD and DRI plan approved by Collier County bc in effect and remain in effect for the entirety of the project and not just the portion of the project lying within the jurisdiction of the County of Collier. 2.03 LAND USES Table I is a schedule of the intended land uses types, with total dwelling units, acreage, and total square feet commercial indicated. The arrangement of these land usc typ~$ is shown on Map Il, Planned Unit Development Maater Plan. Changes and variations in design and acreages shall be permitted during each subdivision phaae at final design to accommodate topography, vegetation, and other site conditions. Thc final size of the recreation and open space lands will depend on the actual requirements for.conservation areas, water management, golf coupe layout, mMv,ay pattern, and dwelling unzt size and configuration. At the time of Subdivision rtwiew and ~aroval for each subdivision phase, the location, size and configuration of land use tracts I1~11 be identified, along with the assignment of pet. fitted residential or commercial ~ use types. The Ik~i_~nmellt of maxim~tm allowx~d reaidentiM density and/or comm~,cial gross leasable floor area shall also occur at the time of subdivision review and approval. If the maximum allowed residential demity or commercial gross les~hle area is not fully used within that subdivision phase ofthe project, the unused remainder may be assigned to another phase(s) of the project. Final determination of thc total multi-family residential or commercial use shall be determined at time of Site Development Plan approval. For each succeeding subdivision and/or Site Development Plan. atablc shall be included which summarizes the total dwelling units and commercial floor area that has be~n previously assigned and total assigned for the pending approval, in order to facilitate the County's monitoring of the project. 2-2 17F '" 2.04 PROJECT DENSITY The total acreage of Grey Oaks Planned Unit Development is approximately 1.601.39 acres. The maximum number of dwelling units to be built on the total acreage is 1,900. The number of dwalling units per gross acre is approximately 1.2. The density on individual parcels of land throughout the project will vary according to the type of housing placed on each parcel of land but shall comply with guidelines established in this document. 2.05 PERMITTED VARIATIONS OF DWELLING UNITS All properties designated for residential uses may be developed at the maximum number of dwelling units allocated, provided that the total number of dwelling units shall not exceed 1.900. Table I identifies the maximum units by project quadrant. 2.06 DEVELOPMENT SEQUENCE AND SCIIEDULED The developer will commence thc project within the northeast qnndrant. Within each q,,~ram, the amount and location of each subsequent development area will be dictated by logical and economical development constraints and by market demand. Table II indicates, by project year, the estimated absorption of units, and commercial square footage. The absorption schedule is an estimate and not guaranteed. Actual absorption rates are governed by maxket demand. 2.07 EASEMENTS FOR UTILITIES All necessary easements, dedications, or other instruments shall be granted to insure thc continued operaIion and maintenance of all service utilities in substantial compliance with applicable regulations in effect at the time of development. 2.08 COLLIER COUNTY AND CITY OF NAPLES SUBDIVISION APPROVAL The review and approval ofsubdivision master plans and construction plans shall follow the design and development standards of the Collier County Ordinances regulating subdivisions in effect at the time of development; and shall be reviewed and approved in ~ccordance with the procedures set forth by the City of Naples for that portion of the project within th~ City, and the standards and procedures set forth by Collier County for that portion of the project under County jurisdiction. The intent and effect of this Section is to have a single set of substantive standards apply to subdivision master plans to the location of the particular property in question, bu tot allow each local government to apply its procedural process for approval of said plans. The developer reserves the right to request exceptions and modifications to thc standards set forth in applicable regulations. Wlgro this document makes reference to a specific type of subdivision approval (e.g. Subdivision Master Plan 2-3 17F Approval or platting} this reference shall be construcd to mcan thc applicable Collier County procedure or approval in effect at the time of development. 2.09 LAKE SITING As depicted on the PUD Master Plan, lakes and natural retention areas have been sited adjacent to existing and planned roadways, property lines, and throughout thc golf course. The goal is to achieve an overall aesthetic character for the project, to permit optimum uae of the land, provide buffering to uses within and surrounding the project, protect native vegetation, and to increase the efficiency of the water management n~work. Aocordingly, the requirements described in Ordinance 88-26, Section gA, gB and 8C, may b~ reduced subj? to the approval of the County Engineer at the time of Subdivi$ion and/or Excavation permit approval. Fill material from lak~ is planned to b~ utilized within the project, however excess fill material, not to exceed 10% or maximum 20,000 cubic yards may be utilized off-site, subject to the provisions of the Collier County excavation ordinance in effect at the time of development. Removal of fill material in excess of 10% of total or 20,000 cubic yards must meet the requirements of a commercial excavation per Ordinance 88-26. Final lake area determination shall be in accordance with the South Florida Water Management District stormwater criteria and Ordinance 88-26. 2.10 DEDICATION AND MAINTI NANCE OF FACILITIES Roads and other infrastructure may be either public or private, d~aending on location, capacity, and design. Developer shall create appropriate homeowner and/or condorninlulll associations or identi~y other entities which will be responsible for maintaining tl~ roads, streets, drainage, water and so~,r improvements where such syst~mz ar~ not dedicated to thc County or City. Standards for road$ shall be in complianc~ with thc applicable provisions of Collier County Ordinanc~ regulating subdivisions, unless othetwi~ approved as an exception during Subdivision Approval. 2. I I SITE DEVELOPMENT PLAN APPROVAL The provisions of Section 3.3 of th~ Zoning Ordinance shall apply to tim development of platted tracts or parcels of land a.s provided in said Section 3.3 prior to the issuance ora building permit or other development order. Approval of commercial tracts in the City of Naples jurisdiction shall follow the General Development and Site Plan (ODSP) process. 2.12 MODEL HOMES AND MODEL UNITS Mod~l Homes and units shall be permitted within this project subject to the following provisions: a. Models may be constructed prior to approval of a plat. 2-4 17F Models may be permitted as "dr).' models" and must obtain a conditional certificate of occupancy for model purposes only. Models may not be permanently occupied until a permanent certificate of occupancy is issued. Models may not be utilized as "sales offices" without approval by and through the Site Development Plan process. The SDP process shall not be required for dry models pursuant to this Section. Prior to recorded plats, metes and bounds legal descriptions shall be prodded to and accepted by Collier County as sufficient for building permit issuance. Said metes and bounds legal descriptions must meet proposed plat comSgurafions and all models constructed pursuant hereto shall conform to applicable minimum square footages, setbacks, and the like as set forth herein. Temporary access and utility, easements may be provided in lieu of dedicated right- of-ways for temporary service to model homes or units. Sales. marketing, and administrative functions are permitted to occur in designated mo)tel homes or units within the project only as provided herein. 2.13 CONSTRUCTION DEVELOPMENT STANDARDS The standards for the construction of all project infrastructure, such as, but not limited to roads, utilities, wastewater treatment, water management facilities, and other site improvements such as but not limited to cleating, grading, excavation, landscaping and all similar types of site improvements, except for habitable buildings and structtn'es, shall meet the minimum standards set forth by Collier County in the applicable ordinance or regulation in effect at time of development. City of Naples construction standards shall be used for water and sewer systems under City jurisdiction. The procedures for the rrdew and approval of project infiastngta~ and sit~ improv~nems shall be that process in effea at the time of review and ~p,,~al in aeeznxlam:e with th~ City of Naples regulations for that part of the project within City jurisdiction, and Collier County regulations for that pan of the project within County jurisdiction. The standards and development permit procedures for all habitable structures shall be in accordance with the appropriate City or County jurisdiction's requirements in effect at the time of building permit application. 2.14 SALES CENTERS "Sales Ceuters" may be constructed prior to recording of a plat. "Sales Centers' may be serviced by a temporary utility system (i.e. dry well and septic t~Dk/draln~cld) 2-5 17F prior to availability of central utility systems at which time connection to the central system will be made. Interim fire protection facilities, in accordance with NFPA requirements or as approved by the appropriate fire district are required unless a permanent water D'stem is available t~ serve the Center. Review and approval of "Sales Centers" shall follow the requirements of the Site Development Plan process (Zoning Ordinance Section 3.3) or whatever approval procedure is in effect at that time. A metes and bounds legal description shall be provided as part of the application. Access to the "Sales Center" shall be provided by a paved road or temporary driveway which meets applicable County standards as determined by the County Engineer. A water management plan must be provided which accommodates the runoff from th~ "Sales Center", the required paxking and acceas road/driveway and any other impervious surfaces. The system shall be designed to fit in with the master water management system for the entire development. At the time of building permit application for a "Sales Center" a temporary use permit shall be obtained. "Sales Centers" may not be occupied until a Certificate of Occupancy is issued. Models must obtain a conditional Certificate of 0ccupancy for model purposes only. Models may not be occupied until a pemmnent Certificate of 2.15 IMPACT FEES Development within the project shall be subject to all lawfully adopted impact fees in effect at the time ofdevelopment. 2-6 17F THE GREY OAKS PUD TABLE I LAND USE SUMMARY Northeast and Southeast Quadrants (Collier County) Residential (I 936 units) Commeic~al/Office (956,091 S.F.G.L.A.) Golf CoursedRecreafion/Park/Ri ght-o f- Way Conservation/Lake/Water Management Sub-Toud Northwest Quadrant (City of Naples) Residential (764 units) Commercial/Office (347.000 S.F.G.L.A.) Golf Course/Recreation/Park/Right-of. Way Con.servation/Lake./Water Managemem Sub-Total 310.9a: 90.4± 609.32.4: 236.71~± 1,247.4 122.0± 30.0± 115.44- 86.6± 354.0 Note: All acreages are digitized approximate acreages and are subject to change and variation. Note: The Nostheast Quadrant shall have a mud commercial/office square footage of 956,091 S.F. G.L.A. 2-7 17F,i THE GKEY OAKS PUD TABLE II PROJECT ABSOKPTION SCHEDULE ESTIMATE PROJECT YEAR 1-6 (1989 - 1995) No. Hotel Square Units Rooms Feet (GLA) Residential 94 Commercial and Office ltotel 0 Golf Course * I ' Golf Course = 18 holes with phased club facilities PROJECT YEAR. 7-13 (1996 - 2001) CUMULATIVE Land Usc No. Hotel Square Designation Units Rooms Feet (GLA) Residential 963 Commercial and Office 500.000 Hotel 250 Golf Cour~ * 3 ' GolfCoursc - 54 holes with phased club facilities (Second golf coutsc may be constructed prior to project year 7, and may be built in 9-hole increments, club facilities may be built in phases to coincide with the golf course construction.) 2-8 17F TABLE II (Cont'd) PROJECT ABSORPTION SCIIEDULE ESTIMATES PROJECT YEAR 14-20 CUMULATIVE Land Use Desiffnation No. Hotel Square Units Rooms Feet (GLA) Land Use Residential 1900 Commercial and Office 1,303.091 Hotel 250 Golf Course * 4 * Golf Course = 72 holes with full club facilities (3rd golf course may be constructed after year 14, and may be built in 9-hole increments, club facilities may be built in phases to coincide with the golf course construction.) Project years shall be adjusted to correspond with the commencement of development. The above development program outlines muiti-use categories wh/ch will be assigned to the various dev¢lopmem pods shawn on Map H. These land use categories will allow for a true mixed use development to occur and allow the "Developer" to respond to an ever changing market over the next 20 years with an anticipated buildout at year 2010. The absorption schedule assumes that buildout of the residential, town center and the majority of the office and commercial may occur in the fu~ 12 years. 2-9 3.01 PURPOSE SECTION III RESIDENTIAL LAND USE The purpose of this Section is to set forth the regnlations for thc areas designated on Map H, Planned Unit Development Master Plan, aa "R' or Residential. 3.02 MAXIMUM DWELLING UNITS A maximum number of 1,900 dwelling traits may lac constructed on lands d~ignated as "R" or Residential. The 25! acre parcel designated "R" on the PUD Master Plan located on Living.sion Road, south of Golden C-ate Padcway may be devoted to Assisted Living Facilities at a Floor-to-Area Ratio not to exceed .45. 3.03 GENERAL DESCRIPTION Areas designated as "R" or Residential on the Master Land Use Plan are designed to ~ccommodate a full range of residential dwelling types. Approximate configurations of land use tracts have been indicated on tl~ P.U.D. Master Plan, in order to indicate relative size and distribution of the residential uses. Tbese are based on cor~-ptual designs and must be considered to be approximate. Actual acreages of all development tracts will be provided at the time of platting. Residential tracts ar~ designed to ~_ccommodate internal roadways. 3.04 PERMi I l ~:D PRINCIPAL USES AND STRUCTURES I) Detached sad attached singlc family homes, cluster homes, z~ lot linc home~, patio home~, townhous~, multi-family dw~lliag~ neighborhood recr~__fonal facilities, churcl~ and other places of worship, and assisted living faciliti~a. 2) Water management facilities; essential services (in accordance with Section 2.6.9 of the Zonin~ ~). Lakes, including lakes with ~eaw~ll ~ other types of 3) Op~ll l~ l~l~.iOnSl a~'/.iYiti~ ~mmIJ~it~ ~ ~ .imil.r UgS. ir:eluding but not I|mitl~l lo Ihl~ coR lo:-!:: ~ $wlmmin~ pool% bOllt do~ ~ ramp, canoe ~-,,ae.l~. f~i._~ piers, lx~ storage, beach ?.-bos, ~o:e~ion stands. playground, picnic areas and other types of facilities intended for outdoor recreation. 3-1 17F 4) Any other use which is comparable in nature with the foregoing uses and which the Collier County Planning Services Manager or the City Community Development Director determines to be compatible in the district. 3.05 PEP. MI 1 I ED ACCESSORY' USES AND STRUCTURES l) Accessory uses and structu~s customarily associated with uses permitted in this district. 2) Essential services and facilities. 3) Recreational facilities accessory to a residential structure. 4) Any other accessory uses or structures which are comparable in nature with the foregoing uses and which the Collier County Planning Services Manger or the City Community Development Director determines to be compatible in the district. 3.06 DEVELOPMENT STANDARDS Table 1II sets forth thc development standards for land uses within the "R" Residential District. Site de'vclopment standards for category I, 2, and 3, uses apply to individual lot boundaries; standards for category 4 uses apply to plated development pm'cci boundaries. Front yard setbacks shall be measured as follows: 1) If the parcel is served by a City or County dedicated public right, of-way, setback is measured from the existing right-of-way line. 2) If the parcel is served by a private drive, setback is measu~d from back of curb or edge of pavemenl, whichever is closer lo the structu~. 3) Single family detached (Category 1 only) front setbacks shall be measured from the public or private mad fight-of-way line. Standards for Pa~king, landscaping, signs, guard houses, entrance gates and other land uses not specified herdn are to be in accordance with Collier County Zoning and Signage regulations in effect at the time permits ~tre requested unless otherwise specified herdn. Unless otherwise indicated, setback, heights, and floor area standards apply to principal structures. 3-2 17F ' Development r~andard~ for residential u.~ not specifically set forth in Table III shall be established during Subdivision Master Plan or Site Development Plan Approval as set forth under Sections 2.03 and 2.11 of this document. Setbacks and buffer requirements from and along the north property line within the northwest quadrant adjacent to lots on Coach House Lane shall be as follows: (a) One story single family structure: Principal - 25' Accessory - 15' (bi One story multi-family or two story structure: Principal - 50' Accessory - 50' (c) Two story structure greater than 30' in height: Principal - 75' Accessory - 75' (d) Three story structure: Principal - 175' Accessory - 175' (e) Four story structuxe: Principal - 400' Accessory - 400' (O Vehicuhu' use areas, including garages and carports - 50' (mea.sa.tred to thc structt,n'c or edge of pavement). (g) A 15' wide, ns measured peqaendicular to said north border, and 25 foot high landscaped buffer shall be provided and maintained which is 80% opaq~ as measured in cvcry and any 25 foot by 25 foot section. The buffer shall be installed prior to construction of homes. The number ofdwelling units per acre shall not exceed 7 units per net acre measured within a band of land 175 feet wide parallel to said north boundao,. (h) 3-3 17F Principal building structures shall not include more than 4 dwelling units within 175 £ee~ of said north boundary. *Two story setback is measured to the second story portion of the structure. One story portion is to be measured as a one story structure, if it is a single family structure. 3.4 17F DEVELOPMENT STANDARDS "R" Residential Areas SINGLE SINGLE FAMILY FAMILY DETACHED DETACHED CATEGORY I '4 2 *4 MINIMUM SITE 9000 5000 AREA SF/Lot SF/Lot SITE WIDTH 75' 50' MIN. AVG. SITE DEPTH 120' 100. MIN. AVG. FRONT YARD 25' 20' SETBACK SIDE YARD 7.5' 5' SETBACK REAR YARD 20' P 15' P SETBACK PRIN- CIPAL 10' GC 10' GC REAR YARD 10' P 10' P SETBACK ACSRY. 0' GC 0' GC MAX. BUILDING HEIGHT STORIES ABOVE PARKING 2 2 DIST. BE l WEEN PRINCIPAL STP,. 15' Iff FLOOR AREA MINIMUM (S.F.) 1200 TABLE III PATIO. ZLL. OR TWO FAMILY CLUSTER, A'I'rACHED/ MULTI-FAMILY OR DUPLEX TOWN HOUSE VILLAS 3 *4 4 *4 3500 I AC SF/Lot 35' 150. I00' 150. 20'* I 20' P Oora 20.P minimum 0' GC of S' 15'P 20. P IO'GC O'GC IO'P 10'P 5 '4 '5 250O 16' N/A 0' 0' 10'P 10'P 2 0'or 5' 6 *2 15' '3 - i story 25' *3 -2-3 story 30' '3 - 4 stories & 2 7' 1000 900 750 SITE DEPTH AVERAGE: Determined by dividing thc site area by the site width. 3-5 17F SITE WIDI'H: The average distance between straight lines connecting front and tim'parcel lines at each side of the site. measured as mraight lines between the foremost pointa of the side parcel lines in the front (at the point of the inter~ection with the front parcel line) and the rearmost point of the parcel lines at the rear (point ofinteraection with the rear parcel line). May be reduced on cul-de-sac Iota. P. Perimeter of Internal Sites GC = Golf Course. or Lake Front Sites *1 '2 '3 '4 *5 This setback may be reduced to 12' for side entry garage Three story maximum within the City of Naples for less than 8 units per acre. Four story maximum within the City of Naples for g talits per acre or greater. or I/2 the sum of the adjacent buildings, whichever is greater. During the County approval proeesa, tracts shall be designated and approved as a specific category. The approved ~3ecific category shall not be changed unless thc entire tract is conair'hr with the n~w category. Any change from an approved category to another shall be accomplished as per Section 2.7.3.5 of the Collier County Land Development Code. In the context here u.~d "villas" means devclopment that occur~ on a platted lot where the lots tend to form a clustered home siting scheme accea~d by. an irregularly shaped private roadway system. 3-6 4.0t PURPOSE SF. CTION IV GOLF COURSE/RECREATION/PARK/RJ GHT-OF-WAY The ptupose of this Section is m set forth the regulations for the areas designated on Map H Planned Unit Development Master Plan as, golf course, clubhouse, driving range, parks, right-of-ways; dedicated easements and utility corridors. 4.02 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in pan for other than the following: A. Permitted Principal Uses and Structures I ) Golf Course(s) 2) Tennis Club and facilities 3) Water management facilities; essential services (in accordance with Section 2.6.9 of the Zoning Ordinance). Lakes, including lakes with seawall and other types of architectunfl bank treatment. 4) Open space rtx'reafional activities, community parks, and similar us~, including but not limited to shufflcboard courts, tennis courts, swlmmin~ pools, boat docks and ramp, canoe launches, fishing piers, boat storage, beach gszchos, co--on stsmls, health trails, bike paths and natur~ trails, observation platforms, boardwalks, playground, picnic ar~s and other types of facilities ~ for outdoor rect~tion. 5) Community cont~/clubhouse(s). 6) Stornge, rrmintenance yards, and landscaping nurseries within FP&L ~.sements, right-of-ways, nnd open sp~e. Subject to ~q~tovnl of the persons or entities in whose favor thc easement or right-of-vasy tuns. 7) Project Information and Sales Center s) Any other usc wifich is comi~rablc in nature with the foregOing uses and which the Collier County Pluming Services Ivlstmger or the City Commurlity Development Director determines to be compatible in the district. 4-1 B. Permitted Accessory Uses and Structures Accessory uses customarily associated with thc principal uses permitted in this district including but not limited to: I) Pro-shop, practic~ driving range, cart barn and other customary accessory uses of golf courses, or other recreational facilities, including maintenance area and pump houses, golf course rain shelters, restrooms, and snack bars. 2) Small commen:ial establishments, including gift shops, golf and tennis equipment sales, restaurants, cocktail lounges, and similar uses intended to serve patrons of the golf course or other permitted recreational facilities, subject to the provisions of the applicable supplementary district regulations of the Zoning Ordinance of Collier County. 3) Vehicle wash facility. 4.03 DEVELOPMENT STANDARDS I) Overall site design shall be h,~monious in terms of landscaping, enclosure of structures, location of access streets and parking areas and location and treatment of buffer areas. 2) Buildings shall he set back a minimum of ten (10') feet from parcel boundaries, except for common boundaries between golf course, recreation and park uses, and water management facilities, in which case the s~tback is zero (03 feet. 3) Maximum height of structures: Fifty (50') feet, unless abutting a residentially z~ned parcel, then thirty five (35') feet. 4) Minimum distance between principal buildings: Five (5') feet - I and 2 story buildings that are a part of an architecturally unified grouping of structures. Ten ( 1 03 feet - I story. Twenty (20') feet - 2 story. 4-2 17F Setback for structures from parcel boundaries abutting residential areas: Twenty (20') feet - principal structures. Ten (10.) feet - accessory structures. 6) Parking for the community center/clubhouse shall be one space per every two hundred (200) square feet of gross floor area, which shall be considered inclusive of required gnlf course pm'king. 7) Standards for parking, landscaping, signs, guard houses, entrance gate$ and other land uses not specified herein are to be in accordance with Collier County Zoning and Signage regulations in effect at thc time permits aro requested unless otherwise specified herein. Unless otherwise indicated, setback, beights, and floor area standards apply to principal smgtures. g) A 20' landacape buffer shall be provided along Golden Oate Parkveay within the northwest quadrant adjacent to the golf course corridor. 4-3 17F , SECTION V CONSERVATION AND OPEN SPACE AREAS 5.01 PURPOSE The purpose of this Section is to set forth the regulations for areas designated as conservation and open space. 5.02A PERMI'FI'ED US'ES AND STRUCTURES - CONSERVATION AREAS 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: I ) Passive recreational areas, boardwalks, observation platforms. 2) Biking. hiking, health and nature trails, canoe launches, golf can paths. 3 ) Water management facilities, roadway crossings and utility crossings. 4) Lighting and signage. 5) Any other activity or use which is comparable in nature with the foregoing uses and which the Collier County Planning Services M,~nager or the City Community Development Director dctemaines to be compatible with the intent of thl$ district. 5.02B PERMITTED USES AND STRUCTURES - OPEN SPACE AREAS No building or structure, or part thereof, shall be er~:te& ahered or used, or la~l or water used. in whole or in pan. for other than the following: 1 ) Parks. passive recreational areas, boardwalks, observation platforms. 21 Biking, hiking, health and nature trails, boat docks, fishing piers, canoe laur~hes, boat storage, golf can paths. 3) E~uestrian paths. 4) W~er numagement facilities and lakes, as approved by the South Florida Water Management District, roadway crossings and utility crossings. 5-1 17F 5) Recreational shelters, active park facilities, and restrooms, offstreet parking, lighting and signage. 6) Any other activity or use which is comparable in nature with the foregoing uses and which the Collier County. Planning Services Manager or the City Community Development Director determines to be compatible with the intent of this district. 5.03 DEVELOPMENT STANDARDS I) Overall site design shall be harmonious with the area's natural characteristics. 2) All work proposed in wetland a~as designated on the Master Plan shall be reviewed and approved by the Collier County environmental staff and appropriate county, state or federal regulatory or jurisdictional agency prior to the commencement of any such activity. 3) Thc County may request copies of permits from all appmpdate regulatory agencies or jurisdictional agency prior to construction plan approval. Conservation areas are subject to jm'i~lictional agencies review and listed usages do not guarantee that those usages will be approved. 4) Standards for parking, landscaping, signs, guard houses, entrance gates and other land uses not specified herein are to be in accordance with Collier County Zoning and Signagc regulations in effect at thc time I~,mits are requested unless otherwise specified herein. 5-2 17F SECTION VI COMMERCIAL 6.01 PURPOSE The purpose of this section is to set forth the regulations for the area designated on Map H PUD Master Plan, as"C" Commercial 'O/O' Office Commercial,'C/H" Commercial Hotel, 'O' Office. and "Town Center". These are areas located within a designated activity center, therefore pennitted uses for these tracts are intended to be inclusive of all types allowed by the City of Naples and the Collier County Zoning Ordinance. 6.02 PERMITTED USES AND STRUCTURES No building or structure, or pan thereof, shall be erected, altered or used, or land or water used. in whole or in part. for other than the following: 1 ) Permitted Principal Uses and Structures for C, O/C, C/lq. and Town Center Tracts: (a) Antique shops; appliance stores; an studios; art supply shops; automobile parts stores; automobile service stations without repairs (See Section 2.6.28)* I; awning shops. (b) Bakery shops including baking; bait and tackle shops*2; banks and financial institutions, including drive-in windows; barber and beauty shops; bath supply slores; bicycle sales and services; blueprint shops; bookbinder;, book stores; business machin~ services; business offices, building maimenance services and building supplies. (c) Cabinet shops, canteen scr~ces, building maintenance sc-rvlces, buila!ng supplies, carl~ and floo~ covering sales - which may include storage and installation; car wash; child care centers; churches and other places of worship (See Section Z6.10)*l; clothing stores; cocktail lounges (See Seclion 2.6.10)'1; commercial schools; comteclionery and candy stores, concessions and vendors; civic and cultural facilities colleges, universities and schools; convalescent centers and nursing homes; computer sales and services*2. (d) Delicatessens; department stores; drug stores; dry cleaning, collecting and delivery; dry goods stores; drapery shops; department stores. (e) Electrical supply stores; express office; ernployment agencies; equipment rentals repair and sales including lawn mowers and power saws. 6-1 17F"' (0 (g) (h) (k) (1) (m) (n) (o) (p) Fa'mm market'2, fish stores - retail only; florist shops; fraternal and social clubs (See Section 2.6. I0)* l; food markets: furniture stores; furrier shops. Garden supply stores - outside display in side and rear yards*2; gift shops; glass and mirror sales - including storage and insufllation; gourmet shops; gunsmiths. Hardware stores; health food store; homes for the aged; hospitals and hospices; hotels, motels and transient lodging facilities; hobby supply stores. Ice cream stores, indoor commercial recreation, interior decorating shov. Tooms. Jewel~ stores. Laundries; lahomtories, film research and testing; leather goods; luggage stores; linen supply shops; lithograph: laboratories; liquor stores; locksmiths; lakes and water bodies with seawalls and architectural bank treatment.s, or conventional lake banks. Markets - food; markets - meat; medical offices and clinics; millinery shops; motion picture theaters; museums; music stores; mortgage brokers. New car dealerships, outside display permitted; news stores; night clubs*2 (Sec Section 2.6. I0)* I; Office- general - business, and professional; office supply stores. Paint and wall paper stores; post offices; pet shops; photographic equipment s~ares; pottery stores'2; printing*2; publishing and mimeograph service shops*2; private clubs*2 (See Section 2.6.10)'1; plumbing shops and supplies. Radio, television and appliance sales and services; radio stations (offices and studios), and auxiliary transmitters and _rec~ving equipments, but not principal transmission tower;, research design and development; real estate offices; rest homes; restaurants -including drive-in or fast food restaurants and full .service (See Section 2.6.10)'1; retail sales of u..~l goods; all uses permitted in Section Ill and IV of this document - subject to development stand.ds identified in those Sections, 6-2 17F "' 2) (q) Small scale retail sales other thaa shopping centers: shoe sales and repair;, shopping centers (Sec Section 3.3)* 1: souvenir stores; stationery stores; supermarkets; sanatoriums: and interim sewage treatment plante2. Tailor shops; taxidermists; tile sales - ceramic tile; tobacco shops; toy shops; tropical fish gores: telephone exchange shops; transportation, communication and utility offices. (s) Variety stores: vehicle rentals, veterinarian offices and clinics - no outside kennels. (t) Watch and precision instrument sales and repair shops. Any other commercial use or professional service which is comparable in nature with the foregoing uses and which the Collier County Planning .Services Manager or the City Community Development Director determines to be compatible in the district. Cv) Any other commercial uses .set forth in thc City of Naples Development Agreement. Permitted Uses and Structures for "0" (Office) Tracts: (a) An Studios Banks and financial institutions, including drive-in windows; book stores; bnsiness offices. (c) Child care centers; churches and other places of worship (see Section 2.6. I 0); commercial schools; civic and cultural facilities; colleges, universities and schools. (d) Express office; employment agencies. (e) Fraternal and social clubs (Se~ Section 2.6.10)* 1. (F) Itomes for the aged; hospitals and hospices. (g) Laboratories: lakes and water bodies with seawalls and architectural bank treatments, or conventional lake banks. (h) Medical offices and clinics; mortgage brokers. 6-3 6.03 17F (i) Office - general - business, and professional: office supply stores. (.j) Private clubs*2 (See Section 2.6.10). (k) Radio stations (offices and studios, and auxiliary transmitters and receiving equipment, but not principal transmission tower); research design and development: real estate offices: all uses permitted in Section III and IV of this document - subject to development standards identified in those Sections. (1) Transportation, communication and utility offices. (m) Veterinarian offices and clinics - no outside kennels. (n) Any other commercial use or professional service which is comparable in nature with the foregoing uses and which the Collier County Planning Services Manager or the City Community Development Director determines to be compatible in the district. 3 ) Permitted Accessory Uses and Structures: Accessory uses and structures customarily associated with the uses permitted in this district. (a) Caretaker's residence (See Section 2.6.16)*. Development Standards Minimum Lot Area: Ten thou. sand (10,000) square feet. Minimum Lot Width: One hnndred feet (10ft). Minimum Setback Requirements {Internal): (a) Front setback - Twenty feet (20). (b) Side setback - None. or a minimum of five feet (.59 with unob~'ucted from front to rear yard. (c) Rear setback - Fifteen feet (15'). (d) Waterfront setback-Zero feet (09 to seawall, bulkhead, or rip rap, otherwise fifteen feet ( 159. (c) Pm'eels with two frontages may reduce one front setback by ten feet (10). I) 2) 3) II II 17F 4) 5) 6) 7) 8) 9) I0) II) 12) Minimum setbacks and buffers from external right-of-ways: (a) Golden Gate Parkway - Fifty foot (50°) setback. Twenty foot (20') landscape buffer. (b) Airport Road and Livingston Road - Twenty foot (20') plus two feet (23 for every one foot (1') of building height; twenty foot (20') landscapo buffer. Maximum Height: Fifl7 (50) feet. Minimum Floor Area of Structures: One thousand (1,000) square feet per building on the ground floor. Kiosk vendors, concessions, and temporary or mobile sales structures are pertained to have a minimum structure oftwenty-five (25) square feet, and are not bound by setback requirements. Maximum Floor Area Ratio (FAR) for Commercial Uses: Based on gross leaseable floor area (GLFA) and acreage. Retail: .30 Office: .35 Project total 649.638 GLFA Project total 653,453 Gross Floor Area Maximum Density of ltotel. Motel and Transient Lodging Facilities: 30 rooms per acre. Distance Between Structures: Same as for side yard setback. Standards for parking, landseAoing, signs, guard houses, entrance gates and other land uses not speci fled herein are to be in accordance with Collier County Zoning and Signage regulations in effect at the time permits am requemd unless otherwise specified herein. Unless otherwise indicated, setback, heights, and floor axea standards apply to principal structures. A twenty-five (25) foot landscape strip of land shall be provided along all arterial mad commercial frontages. The public internal loop road in the Northeast qt,,,d_,ant shall be constructed in accordance with Collier County standards. ° I These section references are from the Collier County Land Development Code. °2 Northeast and Southeast quadrants only. 6-5 17F 7.01 PURPOSE SECTION VII GENERAL DEVELOPMENT COMMITMENTS The purpose of this Section is to set forxh the development commitments of the project. 7.02 P.U.D. MASTER PLAN I) The P.U.D. Master Plan - Map H is an illustrative preliminary development plan, The design criteria and layout illustrated on the Master Plan shall be understood to be flexible, so that, the final design may satisfy project criteria and comply with all applicable requirements of this ordinance. 2) All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities. 3) Site design changes shall be pet,fitted subject to Collier County and/or City of Naples sutff administrative approval, wh~r~ such cha~ges are consistent with the intent of this P.U.D. and do not cause significant impact to surrounding prop,zrties abutting the Grey Oaks PUD. 7.03 ENVIRONMENTAL 1) Petitioner shall be subject to Collier County Growth Management Plan Conservation and Coastal Management Element Objectives 6.4.6 and 6.4.7 Ordinance No. 82-2 as amended by Ordinance No. g9-49 and Ordinance No. 75-21 as amended by Ordinance No. 89-58. The 25% shall be monitored at each site cleating plan submittal. The petitioner shall receive credit from any phase where the 25% amount is ex¢__eeded to be applied to a phase where it is not. In any phase ofdcvelopmem wher~ er~dit toward the 25% is needed the petitioner shall delin-~t,, on the site clearing plan the percentage of viable naturally functioning native vegetation retained and/or areas of landscaping and open space which axe planted with native species. The petitioner shall show the calculations on each site clearing plan which totals the overall 25% for the project build-out. 2) Petitioner shall obtain all necessary local, state and fedmsl permits. Copies of approlnia~ jurisdictional delineations are required at the tim.~ of subdivision master plan per the County Engineer. 3) Protected plant species (butterfly orchid) and those which may be observed durh~ each construction phase shall be protected from injury or relocated on site. The 7-1 17F existing locations as well as the transp:antation locations, if warramed, shall be identified on the site clearing plan for each phase of construction. 4) The petitioner must receive all appropriate state approvals for storing and handling ha:'~,rdons materials prior to construction of the golf maintenance facilities. Ail ha:'ardous materials will be stored in a central location, removed from the Gordon Privet headwaters or Golden Gate Canal. There will be no storage of ha~'nrdous materials, that is in excess of two (2) days supply, at the satellite facilities. However, petroleum storage at these facilities shall be allowed, but only in above ground storage facilities constructed and maintained in accordance with EPA and IT)ER standards. The Ix'titioner shall submit any required contingency plans approved by appropriate state and federal agencies for clean up and mitigation of unauthorized release of haTa~dous materials. s) Buffers around protected wetlands shall comply with South Florida Water Management District criteria. 6) Development of Grey Oaks shall proceed in accordance with thc contents of this document, PUD-Planned Unit Development District. applicable sections of the Growth Management Plan and the regulations in the Collier County Land Develop- ment Code in effect at the time of issuance of any development orders to which said regulations relate governing the permitting and construction of improvements, such as but not limited to Final Subdivision Plat, Final Site Development Plan, Excavation P~,i, dt and Preliminary Work Authorization. Where tbes~ regulations fall to provide development standards then the provisions of the most similar disuict in the County Land Development Code shall apply. 7) Environmental permitting shall be in accordance with the State of Florida Environmental R___~ource Permit (ERF) rules and regul~tion.% as w~ll a~ the U.S. Army Corps of Engineers Section 404 p~;lmitting progral~ P,.~lov~ of exotic vegetation shall not be the sole means of mitigation for impacts to Collier County jurisdictional wetlands. g) All conservation areas shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Conservation areas shall be dedicated on the plat to the project's home owners' association or like entity for ownership and maintenance responsibilities, and to Collier County with no responsibility for maintenance. 9) An exotic vegetation eradication, monitoring, and maintenance (exotic flee) plan for the site. with emphasis on conservntion/preservation nreas, shall be submitted to the Current Planning Environmental Staff for review and approvnl prior to final site plan/construction plan approval. 7-2 17F I0) Petitioner shall coordinate protected wildlife species issues through the ERP and Corps Section 404 permit review process and comply with the guidelines and recommend~ ~rons of the U.S. Fish and Wildlife Service (FWS) and Florida Game and Fresh Water Fish Commission (FGFWFC) made part of' any ERP or Section 404 permit issuance. Where protected species occur on site, a Habitat Management Plan for those protected species shall be submitted to Current Planning Environmental Staff for review and approval prior to final site plan/eonstzucfion plan approval. 7.04 WATER MANAGEMENT I) Detailed, paving, grading and site drainage plans shall be submitted to Engineering Review Services for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by Engineering Review Services. 2) In accordance with the Rules of the South Florida Water Managenaent District, (SFWMD) Chapters 40E-4 and 40E-40. this project shall be designed for a storm event of 3-day duration and 25-yeax return frequency. 3) An Excavation P~.vit will be required for thc proposed lake(s) in accordance with Collier County Ordinance No. 88-26 and SFWMD Rules. Several of the lakes proposed do not meet the minimum .setback requirements of Ordiamac¢ 88-26. The master plan shall be revised to meet the minimum setback requirements or documentation shall be p, ovided during the Subdivision Master Plan process to allow a reduction in the setback with appropriate barriera provided. 4) Tbe lake and swale typical cms.s-sections shall conform to all applicable County Ordiaances. This project is recomix~aded for approval for rezo~ag and DPd purposes only. Detailed site drainage plans of each drainage sub-basin shall be submitted to the Env/ronmental Advisory Board, or ita successor, for review. No construction pormits shall be issued unless and until approval of each individual drainage sub-basin is 6) An executed agreemem betwtnm thc applicant, Big Cypress Basin mad thc South Florida Wa~' Managument District. detailed plan$ and associated doenme~ion relating to the installalion of the new control structure and the relocation of the existing amil gate structure including back pump facilities shall be submitted to Engineering Review Services for review prior to construction plan approval. 7-3 17F 7) A copy of the South Florida Water Management District Conceptual Permit or favorable staff report shall be required prior lo Subdivision Master Plan approval. 8) A copy of South Florida Water Management District Permit or Early Work Permit is required prior to construction plan approval. Documentation from Florida Power and Light allowing use of their right-of-way for the purposes of water management shall be provided prior to Subdivision Master Plan approval. lO) This approval docs not constitute agreement by the County to any control elevation or discharge cam. All agreements shall be made with South Florida Water Management District/Big Cypress Basin. 7.05 TRANSPORTATION I) The developer shall provide appropriate left and/or right turn lanes on Airport Road, (;olden Gate Parkway and Livingston Road at all project accesses. 2) The developer shall provide arterial level street lighting at all project accesses. 3) The developer shall provide a fair share contribution toward the capitol cost of traffic signals, including interconnection where applicable, at any project access when deemed warranted by the County. The signals will be owned, operated and maintained by Collier County. 4) Livingston Road Right-of-Way Dedication: a) The developer shall dedicate sufficient fight-of-way north of Golden Gate Parkway to e~abli~h a fight-of, way eonidor 120 feet in width along tl~ emire length of the developer's property, taking into comideration the Livingston Road right-of-way easement. Additional right-of-way within the Florida Power and Light easement may be required subject to approval and releases by Florida Power and Light. The developer shall pay, or may.utiliz~ "~ reduction of existing impact,fee credits in the amount of $ 30,000 m full {. satisfaction of the developer s obligafio, n. to reimburse the County for the ( County's costs in negotiating and obtaining any approval and relea~, by ~ Florida Power and Light necessary to fulfill the 120 foot fight-of-way vadth -/ requirement. b) The developer shall dedicate 50' feet or road right-of-way ~outh of Golden Gate Parkway along the length of the developer's property. In addition, for a distance of 200 feet south of Golden Gate Parkway, the developer shall 7-4 17F 5) 6) 7) S) dedicate an additional 50 feet in width immediately west of the aforementioned right-of-way. Said additional 50 feet in width may be in the form of a 25 foot wide road fight-of-way dedication and a 25 foot wide easement for drainage, waler management, landscaping, and bikepath use. For the next 800 feet south of Golden Gate Parkway, the developer shall dedicate a strip of land tapering from 50 feet in width in the north to 0 feet in width in the south, in a diminishing line immediately west of the aforementioned fight-of-way. Said additional property shall, to the extent it exceeds 25 feet. be in the form of an easement for drainage, water management, landscaping, and bikepath use. The "casements" (as opposed to the dedications) specified herein may be used to satisfy all or part of the setback and buffer requirements for the adjacent property. The land to be dedicated by the developer, as described above, consists of a total of 3.891 acres, and is identical to parcels 137 and 937 which ar~ the subject of a Stipulated Order of Taking, dated July 24, 1998, entered in Collier Couaty~ ~A Circuit Court Case No. 98-1635 CA. The developer and County ague that (., Xif/Ia the developer shall be entitled to impact fee credits for the 3.891 acres (,, u comprising parcels 137 and 937 at the rate of $85,000 po' acre for a total ,) credit of $330.735 for this additional land dedication. c) The requirement in .Grey O..a~. D. RI Development Order 90-3 at paragraph"N 5.c.(iv) that the applicant build Livingston Road from O. olden Gate Pail:way/ . south to thc beginning of thc northern appwach to the bridge over the Golden }' ~ Gate Canal (Intsed upon the cost of a two-lane rural roadway) shall be fully '~~ satisfied by the reduction of existing or future impact fee credits, in theft amount of One Hundred Eighty-Five Thousand Dollars ($185,000). The developer shall dedicate 40 feet of right-of-way along th~ north side of Golden Gate Parkway west of Airport Road along the entire length of the developer's property, shall incorporate the Golden Gate Parkway dra/nage into the water management ~stem of the developer's project, and shall accept nil drainage from both a quality and quantity standpoint. The developer shall dedicate 40' for right-of-way on each side of Golden Gate Parkway between Airport Road and Livingston Road within four (4) months of a writxen request from the County. Collier County reserves the right to expand the lanes on Airport Road by adjusting the cross section oftbe existing canal to incorporate road nm-offin the lake system. The developer shall dedicate sufficient right-of-way at thc intersection of Airport Road and Golden Gate Parkway to allow a grade separated urban interchange with Golden Gate Parkway being thc grade separated roadway. 7-5 17F 7.06 9) All traffic control devices used. excluding street name signs, shall conform with the Manual on Uniform Traffic Control Devices as required by Chapter 316.0747, Florida Statutes. 10) I fCollier County adopts a proportionate share or areawide transportation assessment program, or modifies its Impact Fee Ordinance, to provide additional credit for fight- of-way dedication, the developer shall be entitled to such a credit towards the 25 acres more or less of dedication. It is understood that the total amount of land involved in these dedications is equal to 25 acres more or less. 11) The number, type, and location of, and allowable changes to project access intersections with County road~ shall be as set forth in Exhibit D to the Halstatt DRl/Grey Oaks Development Order. 12) Impact fee payments shall be made to Collier County pursuant to the Impact Fee Ordinance in effect at the time of relevant permit application, said Impact Fee Ordinance currently being Ordinance 90-1,1. amending Ordinance 85-55. 13) The developer recognizes that when thc County expands Golden Gate Parkway to a six-lane configuration, the County will be desirous of assistance in conveyance of the additional storm water discharge from Golden Gate Parkway to the Golden Gate Canal. County and Developer agree to explore whether it would be in their individual best interests and mutual advantage for developer to incorporate some of the storm water discharge from Golden Gate Parkway into the water management sysiem for the southeastern quadrant of Grey Oaks. In the event the panics agree that it is in their respective best interests for developer to accept said stormwater for conveyance and water quality, cost sharing or impact fee credits may be used to recompense the developer for costs associated with said conveyance or storage. UTILITIES I) The water distribution system and appurtenant facilities to serve the project are to be designed, constructed, conveyed, owned and maintained pursuant to the requirements of the City of Naples. 2) The sewage collection, transmission and treatment and disposal facilities to serve thc portions of the project on the west side of Aiq~ort Road are to be designed, construction, conveyed, owned and maintained pursuant to the requirements of the City of Naples. 3) Provisions for sewer service to those portions of thc project lying on the east side of Airport Road shall be as follows, unless a service area modification is approved 7-6 17F between the City of'Naples and the Collier County Water-Sewer Dis~ct prior to the submission o f subdivlsion master plan applications to Collier County for thc project. a) The sewage collection and transmission and interim sewage treatment facilities to serve the potions of the project on the east side of Airport Road 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. b) All customers connecting to thc sewage collection facilities to be constructed will be customers of the County and will be billed by thc County in accordance with thc County's established rates. Should the County not be in a position to provide sewer .service to the project, the sewer customers shall be customers of the interim utility established to serve the project until the County's off-site water and/or sewer facilities are available to serve the project. c) It is anticipated that the County Utilities Division will ultimately receive and treat the sewage generated by this project. Should the County system not be in a position to receive the project's wastewater, at the time development commences (that generates waslewater), the Developer, at his expense will install and operate interim on-site sewage treatment and disposal facilities adequate to meet all requirements ofthe appropriate regulatory agencies. An agreement shall be entered into between the County and the Developer, his assigns or successors regarding any interim treatment facilities to be utilized. The agreement must be legally sufficient to the County, prior to the approval of construction documents for the project and be in conformance with the requirements of Collier Co,tory Ordinance No., 88-76, as mended. d) The utility construction documcnts for th~ project's ~eweragc syslem ~uall be prepared to contain the design and construction of the on-site force main which will ultimately connect the pmjeet to tbe futura central sewerage facilities of the District in the Airport Road rights-of, way. The force main mm be extended from the main on-site pump station site to the ea.st right-of- way line of Airport Road and capped. It must be intereonaec~d to tbe pump station with appropriately located valves to l~,mit for simple redir~ion of the project's sewage when connection to the County's central sewer facilities becomes available. e) Pdor to the approval of construction documents that provide for development that generates wastewnter by the County, the Developer mm present verification, pursuant to Chapter 367, Florida Statutes, that the Florida Public 7-7 Z7F 7.07 g) SIGNAGE I) 2) Service Commission has granted territorial rights to the Developer to provide the service through its sewer facilities. The project's Developer(s), his assigns or successors shall negotiate an Agreement with the Collier County Water-Sewer District for the use of treated sewage effluent within the project limits, for irrigation purposes. The Developer would be responsible for providing all on-site piping and pumping facilities from the County's point of delivery to the project and negotiate with the County to provide full or partial on-site storage facilities, as required by the DEP. consistent with the volume of treated wastewater to be utilized. Subdivision master plans shall identify the location of interim wastewater treatment facilities required, in addition, documentation must be provided to verify that the site is of adequate size for the facility intended. General a) All County sign regulations shall apply unless such regulations are in conflict with the conditions se~ forth in this section. b) For the potpose of this PUD Document/Ordinance, each platted parcel ,~hall be considered a ~parat~ parcel of land and shall be entitled to *ny sign as p~;,,,,ined herein. c) Should any of the signs be requested be placed within the public right-of-way, a right-of-way Ix'rmit mnst be applied for and approwd. d) All signs shall be located so as not to cau.~ sight distance problems. Entrance Signs a) Two (2) signs with a maximum area of 60 squar~ feet each or otto (1) sign with a maximum area of 100 square feet shall he ptnnnitted at ~ach entranc~ of the development. b) Entxance signs shall not exceed a height of fifteen (15) feet ahove the fmished ground level of the sign site. c) Entxance signs may be lighted provided all lights ar~ shielded. 7-8 17F' Project Si~s a) Project signs, designed to promote thc Project. or any major use within the project shall be ~.i.ittcd along thc east and west side of Airport Road, thc north and south side o£Golden Gate Parkway, and thc west side o£Livingston Road. and on all land tracts within Grey Oaks PUD limits subject to the following conditions: I) Project signs shall not exceed a height of twenty (20) feet above the finished ground level of the sign site nor may the overall area of the sign face exceed one hundred (100) square feet. 2) A maximum o f fourteen (14) project signs shall be permitted. Six (6) located along Aiqaort Road frontage, four (4) each located along Golden Gate Parkway and Livingston Road frontage. The location of such signs shall generally be limited to a one-quarter mile spacing requirement unless existing vegetation requires a somewhat closer spacing. An additional 5 intersection signs shall be permitted at the intersections of Golden Gate Parkway with Airport Road and Livingston Road. 3) Project signs may be lighted provided all lights are shielded. 7.08 ENGINEERING I) l~tailcd paving, grading, site dminagc and utility plans shall b¢ submitted to Engineering Review Services for review. No construction peri'nits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by Engineering Review Serviea~. 2) Design and construction of all improvements shall be subject to compliance with the appropriate piovisions of the Collier County Ordinances regulating subdivisions. unless otherwise approved as an exception to said regulations during Subdivision Approval. 3) Platting shall be accomplished when required by Collier County Ordinances regulating subdivisions. 4) Work within Collier County right-of-way shall meet thc requirements of Collier County Right. of-way Ordinance 82-91. 7-9 5) Internal access into tracts as shown on the PUD Master Plan is informational only. Exact locations shall be determined during Subdivision or Site Development Plan approval 7.09 EXCEPTIONS TO SUBDIVISION REGULATIONS Exceptions to subdivision regulations shall be requested at the time of application for subdivision approval in accordance with applicable subdivision regulations in effect at the time of development. 7.10 SCHOOL DISTRICT The applicant shall dedicate a fifteen (15) acre school site to the Collier County School District at a location (off-site) agreed upon between the Applicant and the School District. 7.11 FIRESTATION/EMS SITE The applicant shall dedicate a !.5 acre site for use by the North Naples and the East Naples Fire Districts. together with Collier Coumy Emergency Medical Services. The site shall be dedicated in fcc simple, subject to thc following conditions: I) The site shall revert to thc owner if it is not utilized for a fac and rescue facility for at least five (5) yeats. 2) If either fu'e district for the Emergency Medical Services adopts impact fcc~ the Applicant shall be entitled to impact fee credit for the dedicated site based on the fair market value on the date of dedication. G:XUS~NA~Wp~ REYOAKSWUD.FNL October 22, 1998 7-10 1_ 7F ;', STATE OF FLORIDA) COL~Fi~ 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. 98-94 Which was adopted by the Board of County Comissioners on of November, 1998, during Regular Session. the 24th day WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 25th day of November, 1998. DWIGHT E. BROCKs- ' , '".' .o-.~' Clerk of Courts and'Cierk~ : Ex-officio to Board of ~'.~Maureen Ke~on Deputy Clerk " N.pt.. ~el ty~ N~pt.., FL PO BOX #~L.E$ FL I~FEI~ENCE: 001~30 912~1 0oA.-9~ 1/9o- 3 ltltt ~f C~nty of Cott~er t~ an dotes tilted. . Aff.tifl~ fu~ .eys that the Imld ffq)tes hlty ~ ~ F~t~, ~ t~ ~ ~tq ~ first ~tt~t~ ~ t~ ~tt~lm tn ~ Mtd ~r. Affiant .... · ~, -/ ~o~fl toard Std~crtbed b~°~e sm thte.L~_ de~ o~ /~. ~ ~ Cod~lSSaC~ ~ CC~21 Apd 10, 2~02 1 O~lgir~4tJrq OeS~/Olv: f~}m,,~.$e~./O~rr~ pqw~f~I PetJti~ No. CIf r~M, IJqq b'i~f ou~c~ipcJm)s DOA 98-1 ': Pe, J,J~: C~& ~): ~~ ~aGtr~rship/Grey Oaks Dev. ~o~p. 2640 Golden Gate Parkway, Suite l]], Naples, Fla. ]4105 ................. '"'~"' .......... /---~ V .......... . s~(s) to b ~. (~t ~y If I~ z ;, ~ ~fl laity Substafltial Deviation Reoolution aim MtitlenCl), If my, & IrUlmMd b4m~nl ds~sf Ae 17~mlal DAILY MEWS 263-47Q~ November 3, 1998 Ms. Joyce Blazier Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to Consider Substantial/Insubstantial Deviation - Grey Oaks Dear Joyce: Please advertise the above referenced notice one time on Sunday, November 8, 1998, 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 in NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on 'i~'/)AY{ ~ER 24, 1998, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition No. DOA-98-1, Mr. George L. Varnadoe, of Young, van Assenderp & Varnadoe, representing the Halstatt Partnership, requesting a determination that the revisions to the Grey Oaks Development Order 90-3 do not constitute a substantial deviation requiring further Development of Regional Impact review. (Companion to Petition PUD-89-6(3) Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. Ail interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register ~ 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. 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 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) November 2, 1998 Halstatt Partnership Grey Oaks Development Corporation 2640 Golden Gate Parkway, Suite 111 Naples, FL 34105 Re: Notice of Public Hearing to Consider Petition DOA-98-1, Grey Oaks - Substantial/Insubstantial Deviation 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 November 2, 1998 Mr. George L. Varnadoe Young, van Assenderp & Varnadoe, 801 Laurel Oak Drive, Suite ~300 Naples, FL 34108 Poao Re: Notice of Public Hearing to Consider Petition DOA-98-1, Grey Oaks - Substantial/Insubstantial Deviation 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 Co attend this public hearing. Sincerely, Ellie Hoffman, Enclosure Deputy Clerk November 2, 1998 Mr. Daniel Trescott DRI Coordinator Southwest Florida Regional Planning Council P. O. Box 3455 North Ft. Myers, FL 33918-3455 Re: Notice of Public Hearing to Consider Petition DOA-98-1, Grey Oaks - Substantial/Insubstantial Deviation 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 November 2, 1998 Mr. Steven Atkins Development of ReGional Impact Section State of Florida Department of Community affairs 2740 Centerview Drive Tallahassee, FL 32399 Re: Notice of Public Hearing to Consider Petition DOA-98-1, Grey Oaks - Substantial/Insubstantial Deviation 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 ~n the Naples Daily News on Sunday, November 8, 1998. You are invited to attend this public hearinG. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure RESOLUTION NO. 98 - RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY DETERMINING THAT REVISIONS TO THE GREY OAKS DEVELOPMENT ORDER 90-3 DO NOT CONSTITUTE A SUBSTANTIAL DEVIATION REQUIRING FURTHER DEVELOPMENT OF REGIONAL IMPACT REVIEW. WHEREAS, the Board of County Conunissioners Of Collier County, Florida, apprcved Development Order 90-3 Grey Oaks on 3une 6, 1990, which approved a Development of Regional Impact {DR!) known as Grey Oaks; and WHEREAS, Section 380.06(19) (f)2, Florida Statutes~ requires that proposed changes to a previously approved Development of Regional Impact (DRI) be submitted by the developer to the local government, the regional planning council, and the state land planning agency; and WHEgEAS, submittal of the proposed changes was made to the appropriate public authorities; and WHEREAS, Section 380.06(19) (f)5, Florida Statutes, requires that the local government shall determine whether or not the proposed change to the previously approved DRI development order constitutes a substantial deviation requiring further Development-of-Regional-impact review; and WHEREAS, the Board of County Commissioners of Collier County has reviewed and considered the report and recon=~endations of the Southwest Florida Regional Planning Council (SWERPC) and held on August 20, 1998 a public hearing on the petition; and WHEREAS, by separate action the Board of County Commissioners will cause Grey Oaks PUD Development Order to be amended to reflect the proposed revisions which do not constitute a substantial deviation requiring further Development-of- Pegional-!mpact review; NOW, THEREFORE, BE IT RESOLVED by the Board of County Conunlssioners of Collier County, Florida that: The proposed revisions to Grey Oaks Development Order 90-3, as described in Petition DOA-98-1, noted as Exhibit "A" and hereto made a part of this resolution do not constitute a substantial deviation requiring further Development of Regional Impact review. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second aod ~Jority vote. Done this day of , 1998. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, Clerk BARBARA B. BERRY, Chairman Approved as to Form and Legal Sufficiency Marjo~ie M. Student Assistant County Attorney -2- FORM RPM- BSP- PROPCHANGE- 1 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF RESOURCE PLANNING AND MANAGEMENT BUREAU OF STATE PLANNING 2740 Cente~view Drive Tal lahassee, Florida 32399 904/488-4925 NOTIFICATION OF A PROPOSED CHAN~E TO A PREVIOUSLY APPROVED DEVELOPMEI~T OF RE~IOKAL IMPACT (DPt) SUBSECTION 380.06(19) , FLORIDA STATUTES Subsection 380.06(19), Florida Statutes, requires that submittal of a proposed change to a previously approved DRI be made to the local government, the regional planning agency, and the state land planning agency according to this form. 1. I, George Varna4oe, the undersigned authorized representative of ~alstatt PL~tnersh~p, hereby give ~tice of a proposed c~ge ~o a previously a~roved Devel~nt of R~io~l I~act in accor~ce with S~sect~on 380.06(19}, Flori~ Statutes. In su~rt thereof, I s~it the roll.lng info~tion conce~ing the ~s~t D~/~r~ O~ ~ develo~ent, which info~t~on is t~e ~ co.mc= to the ~st of ~ ~ledge. I ~ve ~tted t~y, ~r s~te c~r, ~ies of t~s ~leted ~tifi~tion co ~llier C~Cy ~ City of Naples to the S~th~st ~ori~ Regio~l Plying ~cil, ~ to the B~eau of State Planning, ~part~nt of C~ity Affairs. (DaCe) -1- £xhibi~ Applicant: Halstatt Partnership 2640 (;olden Oats Parkway, Naples, Florida 34105 (941) 262-2600 Suite 111 ,~uthorlzed Agent: George L. Varnadoe, Esquire Young, van Asssnderp & Varnadoe, 801 Laurel Oak Drive, Suits 300 Naples, Florida 34108 (941) 597-2814 P.A. 5 o Location (City, County, Township/Range/Section) DRI and proposed change. Sections 24, 25 and 26, South, Range 25 East, Collier County, Florida of approved Township 49 Provide a complete description of the proposed change. Include any proposed changes to the plan of development, phasing, additional lands, co~nencement date, build-out date, development order conditions and requirements, or to the representations contained in either the development order or the Application for Development Approval. Indicate such changes on the project master site plan, supplementing with other detailed maps, as appropriate. Additional information may be requested by the Department or any reviewing agency to clarify the nature of the change or the resulting impacts. The Grey Oaks DRI Development Order (90-3) wee issued by Collier County on Jttne 6, 1990, an~ amended by Development Order 90-5 isled ~ O~tober 16, 1990. The ~ndment (D.O. 90-5) primarily consisted of changes to th~ tr~mportatfon cond/t£ons as agreed to in settlement of ~n appeal of D.O. 90-3 by DCA. The City of Naples approved ~he portion of Grey Oaks DRI with/n its Jurisdiction on October 17, 1990, in Resolution 90-6211. A copy of t, he approved Grey Oaks Master Plan (Map H) ia attached as ~Th{hit 'A". Th* Orey Oaks DRI can be generally 'A~v~ C~" ~ ~ Co~er Co~7 C~eh~s~v~ p~. ~on of ~re70~s ~o~t~ed ~n ~he no~es~ ~d~ ~. ~e C~y of N~plea. ~e nor~e~.~ ~4 a~e~e~ portia, are wi~h{n ~e J~ll~at~ of Collier C~ty. ~st of the c~el to the Or~ Oaks DRI are oc~rrf~ ~n the ~l~l ~lr the Jurisdiction of Collier C~ty. -2- ~ copy o~ the proposed changes to the Orey Oakm D£r Master Plan (~p H) la attached aa E~lbit 'B*. ~e only pr~osed c~ge ~o ~he ~54 acres wi~h~ the City of Naples (nort~esC ~) ~o add 9 holes of golf, for a total of 18 golf holes. ~ the nor~es~ ~t, no c~ge ~s proposed to eider ~he pr~iously a~r~ed 764 reeid~tial ~i=s, or the to=al o~ 347,000 a~re fee= of c~ercial re2ail ~d office uses located on tho previously a~r~ed 30 acre c~ercial/office si~es. DRI, The proposed changes to the eastern portions of the Grey Oaks within Collier County's Jurisdiction, are the following= (a) Reduction of the n,-~er of residential unite from 1,936 to 1136, a decrease of 800 uni~s~ (b) An increase in the n,~her of golf holes from 45 to 54 (9 additional holes)~ (d) A shifting of the site of the approved 250 room hotel from the northeast qUadrant to the southeast quadrant~ An increase in the amount of acreage desi~nated for conservation/lakes/water management from 180.1 acres to 236.78 acres, an increase of 56.68 aores~ (e) The deletion of the internal project road overpass link~ ~he northeast and southeast parcels across ~olde~ Gate Parkway. A transpor~ationanalyala report prepared bM David Plu~ar and A~aociataa ia attached as Exhibit 'C'. The report es~ablishas that the traffic impacts of ~he Grey Oaks DRI, with the proposed changes, will be reduced in coa~arison to the impacts of the original DRI. The two charts, below, cO. are the approved la~d uses within Graf Sake to the proposed ueal for the portions of the DRI within tho County and City Jurisdictions. -3- -1 COMPARISON Or Al)PROVED DEVELOPHENT TO T~ PROPOSED ~ USES FOR PORTIONS OF OREY OAK~ DRI LOCA'~'~,m IN COLLIER COUNTY (EAST OF AIRPORT ROAD) ORIGINAL 1990 1998 CHANGE INCREASE or DL~ELOPMENT ORDER DECREASE ACRES 1247 1247 0 RESIDENTIAL ~{ITS 1936 O.U.s 1136 D.U.s -800 0.U.s and ACREAGE 399.8 Acres 310.9 Acres -88.9 Acres CO~ERCIAL ACREAGE 90.4 90.4 0 Acres OFFICE 525,453 S.F. 525,453 S.F. 0 (Gross Floor Area) RETAIL 430,638 S.F. 430,638 S.F. 0 (Gross Leas&hie A:ea) HOTEL ROO~S 250 250 0 OOLF HOLES anO 45 54 +9 Holes GOLF COURSE ACREAGE 577.1! Acres 609.32 Acres +32.22 Acres ~(ES, ~AT£R HARAGEHENT and PRESERVATION 180.11 Acres 236.78 Acres +56.68 Acres COMPARISON OF APPROVrdJ DEVELOPMENT TO '&'~ PROPOSED LAND USES FOR PORTIONS OF (~EY OAK8 DRX LOCATED IN 'A'~s CITY OF lq~PLES (WEST OF ATP, PORT ROAD) ORIGINAL 1990 1998 CHA~G£ INCREASE D~t~ASE ACRES 354 354 0 RESIDENTIAL UNITS 764 Units 764 Units 0 end ACREAG£ 122 ~cres 122 Acres 0 Acres C~RCIAL ACRF. AGE 30 30 0 office lia,o00 s.r. 128oo0o s.£. 0 !Gross floor Areal RETAIL 219~000 SoF. 219~000 S.F. 0 {Gross Leasable Area) R~r~ ROO~LS 0 0 0 GOLF HOL~S and 9 18 +9 Holes GOLF COURSE ACRF~AG~ 115.4~ Acres 115.4 Acres 0 Acres LAKES, WATER HAMAG~MENT s~d PRESERVATION $6.6~ Acres 86.6 Acres 0 Acres 6. Complete the attached Substantial Deviation Determination Chart for all land use types approved in the development. If no change is proposed or has occurred, indicate no change. See Substantial Deviation Determination Chart, below. 7. List all the dates and resolution numbers (or other appropriate identification numbers) of all modifications or amendments to the originally approved DRI development order that have been adopted by the local government, and provide a brief description of the previous changes (i.e., any information not already addressed in the Substantial Deviation Determination Chart). Has there been a change in local government Jurisdiction for any portion of the development since the last approval or development order was issued? If so, has the annexing local government adopted a new DRI development order for the project? A. The Board of County Com~dssioners of Collier County approved the Halstatt DRI/Grey Oaks PUD by Resolution No. 90-292, Development Order 90-3 on June 6, 1990 (Exhibit B. Pursuant to an agreement reached between Collier County and the Department of Community Affairs, Collier County issued an amended Development Order 90-5 in Resolution No. 90-498 on October 16, 1990 (Exhibit ~D'). C. The City Council of the City of Naples adopted Resolution No. 90-6211, approving the Development Order for the Orey Oaks PUD on Ontober 17, 1990 D. To cor~eat i Iorivener,i error in Development Order 90-5, Collier County adoptmd Resolution 90-571 in order to add the word~ "a~ly for or" to ~:~ ,~.rd sen~enoe of Seation S, Bubsectio~ d.(4) of Development Order 90-5. T'J:Ut.I &orion was tmkenonNov~--~er 27, 1990 (Exh/bit 'D'). Describe any lands purchased or optioned within 1/4 mile of the original DRI site subsequent to the original approval or issuance of the DRI development order. Identify such land, its size, intended use, and adjacent non-project land uses within ~ mile on a project master site plan or other map. None. Indicate if the proposed change is less than 40% (cumulatively with other previous changes) of any of the criteria listed in Paragraph 380.06(19), Florida Statutes. -5- Pq. ~ 10. 11. 12. 13. Do you believe this notification of change proposes a change which meets the criteria of Subparagraph 380.06(19) (e)2., Florida Statutes? YES NO XX Does the proposed change result in a change to date or any phasing date of the project? If so, proposed new buildout or phasing dates. the buildout indicate the The phasing and build-out dates are not being changed. Will the proposed change require an amendment to the local government comprehensive plan? No. Provide the following for incorporation into such an amended development order, pursuant to Subsections 380.06(15), Florida Statutes, and 9J-2.025, Florida Administrative Code: An updated master site plan or other map of the development portraying and distinguishing the proposed changes to the previously approved DRI or development order conditions. See attached revised Master Site Plan attached as Pursuant to Subsection 380.06(19) (f), Florida Statutes, include the precise language that is being proposed to be deleted or added as an amendment to the development order. This language should address and quantify: 800 at~ached Exhibit *F', a reviasd Grey Oaks DRX Development O~er wi~h new language ix~Ltcated by underlining and 4elate4 language by st~ike-throu~he. All proposed specific changes to the nature, phasing, and build-out date of the development; to development order conditions and requirements; to co~nitments and representations in the Application for Development Approval; to the acreage attributable to each described proposed change of land use, open space, areas for preservation, green belts; to structures or to other improvements including locations, square footage, nun~r of units; and other major characteristics or coml~onents of the proposed change; The above-requested information ia provided in (1) t~ land use chart contained in response to question five above showing both proposed and approved land uses for the Grey Oaks D~X; (2) the revised sate plan attached as ~-hdh~t ~'~ (3) the a~u~ded Development Order attached as Exhibit 'P~ -6- 1998 b. An updated legal description of the property, if any project acreage is/has been added or deleted to the previously approved plan of development; There is no change to the legal description of ~he Grey Oaks DRI. A proposed amended development order deadline for commencing physical development of the proposed changes, if applicable; Development of northeast quadr--t of the Grey Oaks DR/ baa already coz~nced. Therefore, there is no proposed change to the commencmmmnt of physical development date. do A proposed amended development order termination date that reasonably reflects the time required to complete the development; No change is proposed for the term/nation date of the Development Order. e. A proposed amended development order date until which the local government agrees that the changes to the DRI shall not be subject to down-zoning; unit density reduction, or intensity reduction, if applicable; and Proposed amended development order specifications for the annuaA report, including the date of submission, contents, and parties to whom the report is submitted as specified in Subsection 9J-2.025 (7), F.A.C. ~1'0 oh~ngs. -7- SUBSTANTIAL DEVIATION DETERMINATION CHART Portions of the DCA Standard Form NOPC Substantial Deviation Chart are not relevant or applicable because the following uses listed on the Chart are not included within the Grey Oaks DRI: Attractions, Airports, Hospitals, Industrial, Mining, Petroleum Storage, Ports and R.V. Parks. The non-applicable sections of the standard chart form are omitted. The chart below addresses all approved and proposed land uses within the Grey Oaks DRI. TYPE OF CHANGE PROPOSED ORIGINAL PREVIOUS D.a. LA~D USE CATEOORY PLAN PLAN C~aNGE & DATE :floe Acreage, including 120.4 AC. 120.4 AC. drainage, ROW, 'Cc~m~ercia 1- -Commercial~ easements, etc. BuAldin~ I~ross s(~.ft.) 653,453 653,453 I ParkAn~ spaces I ~loTees Site ideational changes See ZXH. ! £xternai vehicle trips See £XH. D. O. conditions No ~-~e ADA representations No ~e~al I ~elllnq units 1,900 D.U. 2,700 D.U. N/A T~ of dwellin~ I ~eage, Xnc. dtaiflage, 432.9 I ~x~ernal vehicle trips See o.o. cond$~ 19~s NO -8- TYPE OF CHANGE PROPOSED ORIGINAL PREVIOUS D.O. ~ USE CATEGORY PLAN PLAN CHAN~E & DATE /~olesale, Acreage, including 120.4 AC. 120.4 AC. ~mil, Service drainage, ROW, 'Commercial" "Commercial" easements, etc. N/A Floor space (gross 649,638 S.F. 649,638 S.F. Hq.ft.1 (GLAI CGLA) I Parking spaces ! F~olo~ees Site locations1 changes See £XM. -8~ See £XM. ! £aternal vehicle trips See EXM. D. O. conditions No Change ADA Representations No Chan~e ~l/Mo~l I Rental Units 250 PM. 250 ~M. N/A Floor space Igross sq.ft.} ~ F~ployees Site locational changes See £XM. -M~ See £X~. Acreaqe, including drainage, ROW, J £xte=nal vehicle trips See £XM. 'C~ D.O. conditions No Chefl~e ADA represente~iofle No Ch&n~e O~fl Spaoe (all Acreage Golf, Recreation 724.72 AC. 692.5 AC. nm~rml -,~ Park, MOW 72 Moles 54 Moles ~et~t~d) M/A Sits locationel changes See £XM. 'a~ T~of o~en apace ADA representations Pz~ex~-m~to~, Acre&~e for lakes, water 323.38 AC. 266.7 AC. ~ffe~ oF management and S~lal preservation 9ro~:o~tton Areas N/A Site ~ocationaL c~enges See £X~. '8~ See £XM, De~elopmon~ of site proposed O. O. conditions Mo Change ADA representations NO Change 1998 .f: 13, ii RESOLUTION NO. 98 --4/1 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY DETERMINING THAT REVISIONS TO THE GREY OAKS DEVELOPMENT ORDER 90-3 DO NOT CONSTITUTE A SUBSTANTIAL DEVIATION REQUIRING FURTHER DEVELOPMENT OF REGIONAL IMPACT REVIEW. WHEREAS, the Board of County Commissioners of Collier County, Florida, approved Development Order 90-3 Grey Oaks on June 6, 1990, which approved a Development of Regional Impact (DRI) known as Grey Oaks; and WHEREAS, Section 380.06(19) (f)2, Florida Statutest requires that proposed changes to a previously approved Develoj~ent of Regional Impact (DRI) be submitted by the developer to the local government, the regional planning council, and the state land planning agency; and WHEREAS, submittal of the proposed changes was made to the appropriate public authorities; and WHEREAS, Section 380.06(19) (f)5, Florida Statutes, requires that the local government shall determine whether or not the proposed change to the previously approved DRI develo~l~e~t order constitutes a substantial deviation requiring further Development-of-Regional-Impact review; and WHEREAS, the Board of County Co~mmissioners of Collier County has reviewed and considered the report and reco~endations of the Southwest Florida Regional Planning Council (SWFRPC) and held on August 20, 1998 a public hearing on the petition; and WHEREAS, by separate action the Board of County Commissioners will cause Grey Oaks PUD Development Order to be amended to reflect the proposed revisions which do not constitute a substantla! deviation requiring further Development-of- Regional-Impact review; NOW, THEREFORE, BE IT RESOLVED by the B6ard of County Commissioners of Collier County, Florida that: The proposed revisions to Grey Oaks Development Order 90-3, as described in Pettt£on DOA-98-1, noted as Exhibit "A" and hereto made a part of this resolution do not constitute a substantial deviation requiring further Development of Reglonal Impact review. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this ~-~ day of ~<~z.~ , 1998. ' D~IG~T E. BRO~K, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, ~LORIDA BAK~ARA'~. ' BERRY, ~ha~an · , , - . ,~ '~ · Sl~atureoal.~. App,roved,a~'~o Form and Legal Sufficiency MarJd~ie M. Student Assistant County Attorney -2- FORM RPM- BSP- PROPCHANGE- 1 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF RESOURCE PLANNING AND MANAGEMENT BUREAU OF STATE PLANNING 2740 Centerview Drive Tallahassee, Florida 32399 904/488-4925 NOTIFICATION OF A PROPOSED C~ANGE TO A PREVIOUSLY APPRO¥~u DEVELOPMENT OF REGIONAL IMPACT (DP.I) SUBSECTION 380.06 (19) , FLORIDA STA','u'~'~-~ Subsection 380.06(19), Florida Statutes, requires that submittal of a proposed change to a previously approved DRI be made to the local government, the regional planning agency, and the state land planning agency according to this form. 1. I, George VLrnadoe, the undersigned authorized representative of Halstatt Partnersb/p, hereby give notice of a proposed change to a previously approved Development of Regional Impact in accordance with S~beection 380.06(19), Florida Statutes. In support thereof, I sub,it the following information concerning the HalstaCC D~X/Qrey Oak~ PUD development, which information is true and correct to the beet of my knowledge. I have submitted today, under separate cover, co~ies of this completed notif£cation to Collier County and City o£ Naples to the Southwest Florida Regional Plmnning Council, and to the Bureau of State Plmnning, Department of Cow.unity Affairs. (Date) -1- ir Applicant: H&lstatt Partnership 2640 Golden Gate Parkway, Naples, Florida 34105 (941) 262-2600 Suite 111 i76 Authorized Agent: George L. Varnadoe, Esquire Yo%mg, v~m Assenderp & Varnadoe, 801 Laurel Oak Drive, Suite 300 Naples, Florida 34108 (941) 597-2814 4 o Location (City, County, Township/Range/Section) DRI and proposed change. Sections 24, 25 and 26, South, Range 25 East, Collier County, Florida of approved Township 49 Provide a complete description of the proposed change. Include any proposed changes to the plan of development, phasing, additional lands, commencement date, build-out date, development order conditions and requirements, or to the representations contained in either the development order or the Application for Development Approval. Indicate such changes on the project master site plan, supplementing with other detailed maps, as appropriate. Additional information may be requested by the Department or any reviewing agency to clarify the nature of the change or the resulting impacts. The Grey Oaks DRI Development Order (90-3) was issued by Collier County on June 6, 1990, and amended b~ Development Order 90-5 issued on Oetober 16, 1990. ~m ~~ (D.O. 90-5) pr~rily =~ist~ of =~e~ to ~ tr~rtaC~ c~ti~s a~ a~e~ to ~ settl~t of ~ a~mal of D.O. 90-3 ~ D~. ~ Ci~ of Naples a~r~ed ~m ~r~i~ of Or~ O~s DRI wi~ its J~isdlcti~ on October 17, 1990, in Resolution 90-6211. A copy of the approved Grey Oaks Master Plan (Map H) is attached as Exhibit 'A". The Grey Oaks DRZ can he generally described as be~ located with.tn the northeast, southeast and n~rthweetqua4rantm of the intersectiono£ Golden Gate Parkway and A/rport Road. The intersection ia the location of a designated 'Activity Canter' in the Collier County Comprehensive Plan. That portion et Grey Oaks located in the northwest quadrant is within the City o£ Naples. The northeast and southeast portions are within the Jurisd/ction of Collier County. Most 0£ the ch--~ee to the ~rey Oaks DHI are occurring in the quadrants under the Jurisdiction of Collier County. -2- A copy of the proposed changes to the Gray Oaks DRI Master Plan (Map H) is attached as Exhibit 'B'. The only proposed change =o =he 354 acres within the City of Naples (northwest quadrant) is to add 9 holes of golf, for a to=al of 18 golf holes. In the northwest quadrant, no change is proposed to either the previously approved 764 residential units, or the Coral of 347,000 square feet of c~--~ercial retail and office uses located on the previously approved 30 acre con~ercial/office sites. The proposed changes to ~he eastern portions of the (~rey oaks DRI, within Collier County' s ~urisdiction, are the following: Reduction of the n,~sr of residential units from 1,936 to 1136, a decrease of 800 u~its~ (b) An increase in the n,--~er of golf holes from 45 to 54 additional holes); (c) A shifting of the site of the approved 250 room hotel from the northeast quadrant to the southeast quadrant~ (d) An increase in the amount of acreage designated for conservation/lakes/water management from 180.1 acres to 236.78 acres, an increase of 56.68 acres~ (e) The deletion of the internal project road overpass link~ the northeast and southeast parcels across Golden 9ate Parkway. A transpor~attonanalyeis report prepared byDavid Pltm~rand A~soolates is at~aohed as Exhibit 'C'. The report establishes that the traf£ic impacts of tho Ore~ Oaks DRI, wi~h the proposed chan~le, will be reduced in c~srison to ~hs impacts of ~he original DRI. The two charts, below, c~are the approved land uses within ~re7 Oaks to the proposed uses for the portions of the DRI within the County and City Jurisdictions. -3- ORIGINAL 1990 1998 CHANGE INCREASE or DEVELOPI~NT ORDER DECREASE ACRES 1247 1247 0 RESIDENTIAL UNITS 1936 D.U.s 1136 O.U.s -800 O.U.s and ACREAGE 399.9 Acres 310.9 Acres -88.9 Acres COMMERCIAL ACREAGE 90.4 90.4 0 Acres OFFICE 525,453 S.F. 525,453 S.F. 0 (Gross Floor Ares~ RETAIL 430,638 S.F. 430,630 S.F. 0 (Gross Leasable Areal HOTEL ROOt, S 250 250 0 GOLF HOLES and 45 54 +9 Holes GOLF COURSE ACREAGE ~77.1~ Acres 609.32 Acres +32.22 Acres LAKES, WATER MANAGEMENT and PRESERVATION 180.1~ Acres 236.78 Acres +56.68 Acres COMPARISON OF APPROVED Dil;vff, J.~O~qT TO T~a PROPOIIED ~ USES FOR PORTIONS OF GREY OAKII DRI LOCATau IN THE CITY OF N]LPLES (W~gT OF AIRPORT ROAD) ORIGINAL 1990 1998 CHANGE INCREASE D~VELOFM~IT ORDER o~ ACRES 354 354 0 RESIDENTIAL UNITS 764 Units 764 UnLts 0 and ACI~E 122 Acres 122 Acres 0 Acres CO~'IERCIAL ACREAGE 30 30 0 OFFICE 128,000 S.F. 118,000 $.F. 0 (Gross floor Area) RETAIL 219,000 S.£. 119,000 S.F. 0 (Gross Leasable Area) HOTEL ROC~WS 0 0 0 GOLF HOI~S and 9 18 +9 Holes GOLF cOUasE ACRr~;E 115.4i Acres 115.4 Acres 0 Acres LAKES, HATER HAgAG~MENT and PRESERVATION 86.6~ Acres 86.6 Acres 0 Acres -4- Con. lets the attached Substan:ial Deviation Determination Chart for all land use t~pes approved in the development. If no change is proposed or has occurred, indicate no change. See Substantial Deviation Dete=mination Chart, below. List all the dates and resolution numbers (or other appropriate identification numbers) of all modifications or amendments to the originally approved DRI development order that have been adopted by the local government, and provide a brief description of the previous changes (i.e., any information not already addressed in the Substantial Deviation Determination Chart). Has there been a change in local government jurisdiction for any portion of the development since the last approval or development order was issued? If so, has the annexing local government adopted a new DRI development order for the project? A. The Board of Co13nty Comm/aeionere of Collier County approved the Halstatt DRI/Orey Oaks PUD by Resolution No. 90-292, Development Order 90-3 on Ju~e 6, 1990 (Exhibit 'D"). B. Pursuant to an agreement reached between Collier County and the Depar~aent of C--unity Affairs, Collier County issued ~n ~mendad Develol~aent Order 90-5 in Resolution No. 90-498 on October 16, 1990 (Exhibit ~D'). C. The City Council of ~he City of Naples adopted Resolution No. 90-6211, approving the Development Order for ~he Or.j, Oaks PUD on October 17, 1990 (Exhibit D. To correct a ecrivensr,s error in Development Order 90-5, Collier County adopted Resolution 90-571 in or, er to acid the words 'apply for or· to the eh4~d sentence of Section S, Subsection d.{4) of Development Order 90-5. Th.4. s &otion wae takanonNovember 27, 1990 (Exhibit ~'). Describe any lands purchased or optioned within 1/4 mile of the original DRI site subsequent to the original a~roval or issuance of the DRI development order. Identify such land, its size, intended use, and adjacent non-project land uses within W mile on a project master site plan or other map. ~one. o Indicate if the proposed change is less than 40% (cumulatively with other previous changes) of any of the criteria listed in Paragraph 380.06(19), Florida Statutes. -5- 10. 11. 12. 13. Do you believe this notification of change proposes a change which meets the criteria of Subparagraph 380.06(19) (e)2., Florida Statutes? YES NO XX Does the proposed change result in a change to the buildout date or any phasing date of the project? If so, indicate the proposed new buildout or phasing dates. The phasing and build-out dates are not being changed. Will the proposed change require an amendment to the local government comprehensive plan? No. Provide the following for incorporation into such an amended development order, pursuant to subsections 380.06(15), Florida Statutes, and 9J~2.025, Florida Administrative code: An updated master site plan or other map of the development portraying and distinguishing the proposed changes to the previously approved DRI or development order conditions. See attached revised Master Site Plan attached as Exhibit 'B'. Pursuant to Subsection 380.06(19) (f), Florida Statutes, include the precise language that is being proposed to be deleted or added as an amendment to the development order. This language should address and quantify: See attach.~ ~hibit 'F', a revised Gre~ Oaks D~X Devel.A~a~nt Oz~er with new language in~Acated by underlining an~ deleted language by strike-~o~hs. ao ;%11 proposed specific changes to the nature, phasing, and build-out date of the development; to development order conditions and requirements; to commitments and representations in the Application for Development Approval; to the acreage attributable to each described proposed change of land use, open space, areas for preservation, green belts; to structures or to other improvements including locations, square footage, number of units; and other major characteristics or come, orients of the proposed change; The above-requested information is provided in (1) the land use c~art containe~inrs~p~nse to queetion~iveab~ve showix~ b~th pr~:,se4 and a~roved land usee fo= Ir~e G=e2' Oaks D~ (2) the r~ised site pl~ attache4 as ~it ~'~ (3) ~e ~ed D~el~t Or4e= attache~ as ~h4~it "~. -6- I 17G bo An updated legal description of the property, if any project acreage is/has been added or deleted to the previously approved plan of development; There is no change to the legal description of the Gray Oaks DRI. A proposed amended development order deadline for commencing physical development of the proposed changes, if applicable; Development of northeast quadrant of the Grey Oaks DRI has already con~enced. Therefore, there is no proposed change tO the cc-~-encement of physical development date. A proposed amended development order termination date that reasonably reflects the time required to COmplete the development; No change is proposed for the termination date of the Development Order. e. ~ proposed amended development order date until which the oca~ government agrees that the changes to the DR! shall not be subject to down-zoning; unit density reduction, or intensity reduction, if applicable; and No change. Proposed amended development order specifications for the annual report, including the date of submission, contents, and parties to whom the report is submitted as specified in Subsection 9J-2.025 (7), F.A.C. NO C]:I~I~gs. -7- SUBSTARTIAL DEVIATION DETEP~MINATION CHART Portions of the DCA Standard Form NOPC Substantial Deviation Chart are not relevant or applicable because the following uses listed on the Chart are not included within the Grey Oaks DRI: Attractions, Airports, Hospitals, Industrial, Mining, Petroleum Storage, Ports and R.V. Parks. The non-applicable sections of the standard chart form are omitted. The chart below addresses all approved and proposed land uses within the Grey Oaks DRI. ~'~&~E OF CleANSE PROPOSED ORIGINAL PREVIOUS D.O. LAND USE CATEGORY PLAN PLAN CHAN~E & DATE :fLoe Acreage, including 120.4 AC. 120.4 AC. drainage, ROW, 'Co/mne rci& 1~ 'Co~e rcial" easement s, etc. N/A Buildin~ ¢~roas a~.ft.} 653,453 653,453 Site locational chan~aa See EXH. I External vehicle trips See EXH. D. 0. conditions No Chan~a ADA representations ~]o Change T~ of dwe~l~n~ un,ts ~11~1, ~. d~l~i~l, 432.9 B~tt locat~onal changes ~ee ~H. D,O. cond~$~one No ChaQqe -8- 176 . TYPE OF CHANGE PROPOSED ORIGINAL PREVIOUS D.O. LAND USE CATECK)RY PT.,AN PLAN CHANGE & DATE ,q~lesale, Acreage, including ~20.4 AC. 120.4 AC. ~ti, Saz'vica drainage, RON, 'Conmmercial" 'Commercial" easements, etc. N/A Floor space (gross 649,638 S.F. 649,638 S.F. sq.ft.~ (GLA) ~GLA) ! Parkin? spaces I £mployees Site locattonal chan~e$ See £XR. 'B' See EXH. 'A~ I External vehicle trips See EXH. ~C~ O. O. conditions No Chan?e ADA Representations No Chan?e 4o~l/Ho~l I Rental Units 250 R~. 250 ~. N/A Floor space (gross sq.ft,~ I Parktn~ places I F~ployees Site locatloflal chafl~es See E~H. #B' See EXH. Acreage, including drainage, ROW, easements, etc. ~ External vehicle trips See EXH. #C~ O.O. conditions No Change ADA representations No Chan~e 0pen Ipaoe (ell Acreage Golf, Recreation 724.72 AC. 692.5 AC. aaC~ai and Park, ROW 72 Holes 54 Holes ~etat~d) Site iocational changes See EXH. 'S~ T7~e of open apace ADA representations P~esez~,&~lon, Acreage for lakes, water 323.38 AC. 266.7 AC. ~lal preservation i)L'ot~eG~lonA~aas N/A Site locetional chan~es See £XH. 'B~ See ~3(H. ... proposed D. O. conditions No Chanae ADA representations No Change -9- 17G mN .mmmm.? " COLLIER COUNTY FLORIDA I~QUEST FOR LEGAl. ADVERTISING OF PUBLIC IIEARINGS Tm Cleo& to the Banrd: Please place the follmvtnR as a: Name & Address of am/p~rso~s) to bc no~]fied by Clerk's Off, ce: Ill more space is needed, aaach ~cparate slm~) Georn: L. Vamadoc of Yoont. van Asscndtxo & Vamadoc. P.A.. 801 Laurel Oak Driw. Suite #300. N~.~ FL 34108. and Mr. AUans. Dcvtlom, ncnt of EcmonaJ Imoacn Sccuon. Slate of Fknida. Dcnartrncm of Cu,....-..:;, Afratet 2740 ('~.~-___-,~.,, Tallahassee. FL 32399 and Mr Darnel Tresc:nL DRI Coordinator. SWFEPC. PO Box 3455. N. FL ~ FL Based on ach.'cmscrncm ap1:.::anng 15 days before beanng ,'OCX Naples Dally News 00~ [] I.,cgaJly Rcqmrcd Ptppescd Text: (Indudc kgaJ d4~iPOon & common location & Sizt See attached Companmn pcotJon(s), if am/& ptOInnmd bean~ ctale: PUD-89-6(3) Does Pc~iuo~ Fee mci-a,, ad~--nuan8 co~7 [] Yes [] No If Yes. what account should be charged fm advertising corn: Lm Altachn~nl~ Di~TRmUTION INSTRUCTION5 A. For hearinp before BCC or BZ.A: Initiatinl~ pemoe to complete one coy and obtain Dh4Me~ Head approval hot'ore mbmlttJfll: la Cemot7 Manager. Note: If ~ docnment i$ involved, be rare that any nece~ry [e~ review, or reque~ for Mme. i~ sabmitted to County Attorney b~ore mbmitttnl: to County Manager Tee Mama~l"S ofllce will dl~rlbute copies: [] Cmmty Manager ak~oda file: to Clerk's Office [] Or~tnal B OO~r beanngs: ImUa~ng Di,ns,o~ ~ lo approve and subm,! ongmal to Clerk's Office. retaining a co~ for file. FOR CLERK'S Olrl~lC~ USE ONLY: NAPLES DAILY NEWS (2~ ,rn'r~ C:C~) ELLZE HOFFMAN FAX ~10: {941) 774-8408 ~ ~O: {941) 774-84,06 ,.... November 2, MS. Joyce Biazier Naples Daily News 1075 Central A'/enu~ Naples, F[ol ~da Re: .'1otice ,,f Public H,~aring to C',)nside: Petition DOA-9g-1, Dear Joyce~ Please advertise the above referenced notice one time on Sunday, November ~ 199g, and kindly send the Affidavit of Publication, duplicate. ',~qe~het wi'h charqes ~nvol'/ed to thi~ office. Thank you. Sincerely, Ellie Hoffman, Deputy Clerk Purchase Order Nr,. 912501 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on ~3ESDAY~ NOVE~3ER 24, 1998, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition No. DOA-98-1, Mr. George L. Varnadoe, of Young, van Assenderp & Varnadoe, representing the Halstatt Partnership, requesting an amendment to the Grey Oaks Development of Regional Impact (DRI), to reduce the number of residential units from 2,700 to 1,900; increase the number of golf holes located within Collier County from 45 to 54; shift the site of the approved 250 room hotel from the northeast quadrant to the southeast quadrant; increase the acreage within the DRI designated for conservation, lakes and water management, which includes preservation areas, from 180.1 acres to 236.78 acres, and delete the internal project road overpass linking the northeast and southeast parcels across Golden Gate Parkway. The tract of land lying adjacent to proposed Livingston Road and south of Golden Gate Parkway and east of the Florida Power and Light easement has up to three hundred multi-family dwelling units assigned to it and the owners desire to make this tract available for general residential purposes, including assisted living facilities. (Companion to Petition PUD-89-6(3) Copies of the proposed Ordinance are on Board and are available for inspection. Ail invited to attend and be heard. file with the Clerk to the interested parties are NOg'E: Ail persons wishing to speak on any agenda item must register ~ the County administrator ~rior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD Ol~ COUNTY CO~4ISSIONERS COLLIER COUNTY, FLORIDA BARBARA B. BERRY, CHAIR~L~N DWIGHT E. BROCK, CLERK By: /$/Ellie Hoffman, Deputy Clerk (SEAL) November 2, 1998 Halstatt Partnership Grey Oaks Development Corporation 2640 Golden Gate Parkway, Suite 111 Naples, FL 34105 Re: Notice of Public Hearing to Consider Petition DOA-98-1, Grey Oaks 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 November 2, 1998 Mr. Steven Atkins Development of Regional Impact Section State of Florida Department of Co,unity affairs 2740 Centerview Drive Tallahassee, FL 32399 Re: Notice of Public Hearing to Consider Petition DOA-98-1, Grey Oaks Please be advised that the above referenced petition will be considered by the Board of County Comm~issioners 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 November 2, 1998 Mr. Daniel Trescott DRI Coordinator Southwest Florida Regional Planning Council P. O. Box 3455 North Ft. Myers, FL 33918-3455 Re: Notice of Public Hearing to Consider Petition DOA-98-1, Grey Oaks Please be advised that the above referenced petition will be considered by the Board of County Com~issioners on T~esday, 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 DEVELOPMENT ORDER 98- RESOLUTION NUMBER 98- A RESOLUTION ~4ENDING DEVELOPMENT ORDER 90-3, AS AMENDED, FOR THE GREY OAKS DEVELOPMENT OF REGIONAL iMPACT ~"DRI") BY PROVIDING FOR: SECTION ONE TO ~MEND PARAGRAPH 4 OF THE FINDINGS OF FACT SECTION TO REFLECT A REDUCT:O~ iN THE NUMBER OF RESIDENTIAL DWELLING UNITS AND AN INCREASE IN THE NUMBER OF FAIRWAYS AND CONSERVATION ACREAGE; SECTION TWO, TO AMEND PARAGRAPH 3 ENTITLED HOUSING OF THE CONCLUSIONS OF LAW SECTION TO DELETE REFERENCES TO AFFORDABLE HOUSING UNITS AND REDESIGNATE THE AREA FOR GENERAL RESIDENTIAL ?UPPOSES INCLUDING ASSISTED LIVING FACILITIES; SECTION THREE, TO AMEND PARAGRAPH 5 ENTITLED T~ANSPORTATION OF THE CONCLUSIONS 'iF LAW SECTiO!: 73 DELETE REFERENCES TO OVERPASSES OVER GOLDEN GATE PARKWAY AND OTHER :4INOR CHANGES; SECTION FOUg, TO DELETE REFERENCES TO THE DEFINITIONS SECTION OF CHAPTER 380 FLORIDA STATUTES AND RENUMBER SUBSEQUENT PARAGRAPHS; SECTION FIVE, FINDINGS OF FACT; SECTION SIX, CONCLUSIONS OF LAW AND SECTION SEVEN, EFPECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER, TRANSMITTAL TO DCA AND EFFECTIVE DATE. WHEPEAi], 'n~ Board of C~unt7 Co~issioners of Collier County, Florida apprcvec Leveiupment Order 90-3 (the Development Order) on June 6, 1990, which approved a Development cf Regional Impact (DRI) known as the Grey Oaks Planned Unit Development; and WHEREAS, the original Development Order is still in effect as amended Dy Development Order 90-5 on October 16, 1990; and ~HEREAS, the owners of the Grey Oaks Planned Unit Development desire to change the DRI as follows: (i) reduce the number of residential units from 2,700 tc 1,900; (ii) increase the numDer of golf holes located within Collier County from 45 [o 54; (iii) shift the site of the approved 250 room hotel from the northeast guadrant to the southeast q~adrant; (iv) increase the acreage within the DRI designated for conservation, lakes and water management, which includes preservation areas, from 180.1 acres to 236.7~ acres, and (v) delete the internal project road overpass linking the northeast and southeast parcels across Golden Gate Parkway; and ~HEREAS, the tract of land lying adjacent to proposed Livingston Road and ssuth of Golden Gate Parkway and east of the Florida Power and Light easement has up to three hundred multi-family dwelling units assigned to Words e~--~4~-tq.~ are deleted, words ~L~Lg/JLi~ are added. and the ~,wners desire :o make this =ract available fo= genera!l:~! residential purposes, including assisted living facilities; and WHEREAS, George L. Varnadoe of Young, van Assenderp & Varnadoe, P.A., representl.-.7 [he Halstatt Partnership, petitioned the Board of Cor~lssicners of Collier Count'.,', Florida, to amend the Development Order; WHEREAS, the Collier County Planning Commission has reviewed and consldereo the report an~ reco~endations of the Southwest Florida Reglona! ~!anning Cpunci! (SWFRPC) and held a public hearing on the petltion on October 1, 1998; and WHEREAS, -he Boar~ cf County Co~issioners of Collier County has revzewed anG considered the reports of the SWFRPC and the Collier County Planning Cc~z~sslon and held a public hearing on the petition on Nove~er I0, i998; NOW, THEREFORE, be i% resolved by the Board of County Commissioners of Collier County, Florida that: SECTiOn: ©NE: ;44E[;DMENTS TO DEVELOPMENT ORDER Paragraph 4, o~ the Findings of Fact Section of the Grey Development Order [Resolut;on 90-292, as amended) read as follows: .~ Oaks ,: :~i is hereby amended 4. The applicant proposes the development of Grey Oaks Planned Unit Development for 1,601 acres which includes: 120.4 acres of cor~ercial uses to include 250 hotel rooms, 653,453 square feet (gross floor area) of office commercial, 649,638 square feet (gross leasable area) of retail commercial, ~,700 1,900 residential dwelling units, ~ 7--2 holes of golf, and 2{{.7 ~23.38 acres of conservation, lakes and water management, which includes preservation areas. SECTION THO: AMENDMENTS TO DEVELOPMENT ORDER Paragraph 3 entitled "Housing", of the Conclusions of Law Section of the Grey Oaks Development Order {Resolution 90-292, as amended) is hereby HOUSING ~. The County has committed by 1994 to make available adequate nouslng for low and moderate income persons (Objective 1.4, for Housing Element, Growth Management Plan). The SWFRPC recommended tha~ the Words s~-~wf~--~h~h are deleted, words ~ are added. App;i:ant eitn<.: ."educe the squa=e footage of the office or retail cor,mercial by enOUgh to reduce the demand for affordable housing gy 302 units; or partlclpate c,n a proportionate share basis in any County-wide .... : %nls pta'err nas been reduced by 144,000 square feet, which reduces · .?~ ............. r~r:r'.-e th~ ~he tract of land lying adJacen~ to ..... g ...... ~oaG sout~, cf Golden Gate Parkway and east of the .......... re: hun~rgd '300) multi-family dwelling units has up to 'brae hundred available for ~eneral residential facilities, ~ ~nna said tract shall be purposes, including assisted living SECTION THREE: AMENDMENTS TO DEVELOPMENT ORDER Paragraph ; ant'. t led "Transportation" of the Conclusions of Law Section cf the G:ey Oaks Development Order (Resolution 90-292, as amended) 5. TP-RNS ~C RTATICN ~. The applicant or his successors shall be fully responsible for s~te-reiatec roadway and lntersection improvements required within the DRi. The ~ .... be . ~pp ].,. shall reGuired to pay the full cost for any site- -mp. o.em,n.s ~lncluding but not limited to, necessary by 'lsiiie: County ~or the project's access intersections onto ~lrport koao C.F. ~i}, Golden Gate Parkway (C.R. 886) and the future Words ztruuk :hr&uti. are deleted, words ~ are added. is a list of access Livingston Poad. Attached hereto as Exhibit intersections approved for the project and changes necessary fn order to meet the long range transportation plans for the area. A c~py of the signal progression analysis requested by the County ?ransportati~n Department is incorporated by reference and copies have teen s.~m .... d to the SWFRPC, Collier County and the City of Naples. The proposed site c',':r~a:sos overpass linking the quadrants of the project over Airport Poad ....... ._4 ~_,. .... a.s ....~--u..-y .... will be designed so as not to ~nterfere 'with -he e';entuai widening of thcsc rsa~:ays that roadway. b. The following regional roadways and intersections are projected to be impacte~ by five percent (5%) of LOS D - peak hour, peak season prior to project buildout. that are or may be ; l~oadways: Airport Road (C.R. 31) Vanderbilt Beach Road !C.R. 862 :o Radio Road (CR 856) 7olden Gate Parkway {CR 886) Goodlette Road (CR 851) to Santa Barbara Boulevard Pine Ridge Road (CR 896) Airport Road (CR 31) to 1-75 Goodlette Road Creech Road to Fifth Avenue North Airport Road {CR 31) at Pine Ridge Road (CR 896) Airport Road (CR 31) at Golden Gate Parkway (CR 886) Airport Road (CR 31) at Mercantile Avenue Airport Road (CR 31) at Radio Road (CR 856) Golden Gate Parkway (CR 886) at Goodlette Road (CR 851) Golden Gate Parkway (CR 886) at Livingston Road if any of the road segments identified in this paragraph become deficient in the future, the County shall establish an Area of Significant Influence (ASI) around such segment pursuant to the Collier County Adequate Facility Ordinance. c. The Applicant shall mitigate its impacts on the regional and local roadways and intersections identified herein as follows: (i) The applicant shall make the improvements specified in 5(a) hereof. (ii) The applicant shall dedicate approximately twenty-five ~..~ -o ,,cco~modar~ the expansion ~f the following transportation facilities: Livingston Road, Golden Gate Parkway, and expansion of the -4- Words ee~-~.~u~ are deleted, words underlined are added. 1 intersection at Golden Gate Parkway and Airport Road to allow a grade separated urban interchange with Golden Gate Parkway being the grade separated roadway. The amounts of the right-of-way on each roadway and lnte .... t~on which will be dedicated are specified in the PUD Document ..................... , as amended. The dedications shall be made when the Count}. ~s reaOy to make the improvement necessitating the dedication. (iii) The applicant shall be subject to all lawfully adopted transportation impact fees. (iv) The applicant shall build, at its expense, Livingston Road from Golden Gate Parkway south to the beginning of the northern approach to the bridge ~';er Golden Gate Canal. This road improvement shall De a two-lane rural design built to County specifications and the construction shall occur in a time period which will coincide with the construction of Livingston Road from Radio Road north to Golden Gate Canal and construction of a bridge over Golden Gate Canal. The applicant shall have no responsibility for ~ight-o~-way acquisition except as specified in 5.C. iii) hereof. (v) The applicant shall be subject to the Concurrency Management System of the County as set forth herein. (vi) The applicant shall be entitled to credits for dedications under 5.c. (ii) as set forth in the PUD document. The applicant shall be entitle~ to road impact fee credits for the construction of Livingston Road [~aragraph 5.c. (iv)] as mandated by 380.06(16) (a), Florida Statutes (1989). SECTION FOUR: AMENDMENTS TO DEVELOPMENT ORDER Paragraph 8 of an untitled section of the Grey Oaks Development Order !Resolution No. 90-292, as amended) is hereby deleted in its entirety and subsequent paragraphs are renumbered as follows: ~- ~ It is understood that any reference herein to any governmental agency shall be construed to mean any future instrumentality which may be created or designated o: successor in interest to, or which otherwise -5- Words e%e~-~--tq~-~e~ are deleted, words underlined are added. possesses ~ny of the powers and duties of any reference governmental'~ agency in existence on the effective date of this Order. ~-~ ~. In the event that any portion or sectlon of this Order is determlne~ ts be invalid, illegal, or unconstitutional by a court or agency of ccmpetent jurisdiction, such decision shall in no manner, affect the remal.tl.ng portions of this Order which shall remain in full force and ~-~ I0. This Order snail be binding upon the County, the City of Naples and the Oe';eloper, their assignees or successors in interest. SECT20~i ...... · :~,~. FINDINGS OF FACT i. The proposed changes to the previously approved DRI do not meet or exceed any of the criteria listed in the DRI Development Order or in Subsectisn 380.06(19((b), Florida Statutes. 2. The applicant submitted to the County, the Regional Planning Council and the State Land Planning Agency Form BRM-08-86, said form being entitled "~otification of a Proposed Change to a Previously Approved Development of Regional Impact ("DRI") Subsection 380.06(19), Florida Statutes. 3. The application is in accordance with Section 380.06(19}. 4. The proposed changes to the previously approved Development Order are consistent with the report and reco~endations of the SWFRPC. 5. A comprehensive review Of the impact generated by the proposed changes to the previously approved development has been conducted by the County's departments and the SWFRPC, and has established that the changez r.sul~ in a reGuction of the project's impacts. 6. The development is not in an area designated an Area of Critical State Concern pursuant to the provisions of Section 380.06, Florida Statutes, as amended. 7. No increase in development intensity is authorized by this Development Order 98- SECTION SIX: CONCLUSIONS OF LAW i. The proposed changes to the previously approved Development Order do not constitute a substantial deviation requiring further Development of ~egional Impact review. -6- Words ee~ are deleted, words ~ are added. 2. The proposed changes to the previously approved development will not unreasonably interfere with the achievement of the objectives of the adopted State Land Development Plan applicable to the area. 3. The proposed changes to the previously approved development ~ are consistent with the Collier County Growth Management Plan and the Land Development Regulations adopted pursuant thereto. 4. The proposed changes to the previously approved Development Order are consistent with the State Comprehensive Plan. SECTION SEVEN: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER, TRANSMITTAL TO DCA AND EFFECTIVE DATE I. Except as amended hereby, Development Order 90-3, amended, shall remain in full force and effect, binding in accordance with its terms on ail parties thereto. 2. Copies of this Development Order 98- transmit%ed ~mediately upon execution to the Department Affairs, Bureau of Land and Water Management, Regional Planning Council. as ,..'! shall be of Co~mmunity · and the Southwest Florida 3. This Development Order shall take effect as provided by law. BE iT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done 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 Leqal Sufficiency: Marjom. ie M. Student Assistant County Attorney -7- Words ee~-~e~-~%~ are deleted, words ~ are added. DEVELOI~4ENT O~DER 98-_% RESOLUI~ON NUMBER 98-472 A RESOLUTIOH AMENDING DEVELOPMENT ORDER 90-3, AS AMENDED, FOR THE GREY OAKS DEVELOPMENT OF REGIONAL IMPACT ('DRI") BY PROVIDING FOR: SECTION ONE TO AMEND PARAGRAPH 4 OF THE FINDINGS OF FACT SECTION TO REFLECT A REDUCTION IN THE NUMBER OF RESIDENTIAL DWELLING UNITS AND AN INCREASE IN THE NUMBER OF FAIRWAYS AND CONSERVATION ACREAGE; SECTION TWO, TO AMEND PARAGRAPH 3 ENTITLED HOUSING OF THE CONCLUSIONS OF LAW SECTION TO DELETE REFERENCES TO AFFORDABLE HOUSING UNITS AND REDESIGNATE THE AREA FOR GENERAL RESIDENTIAL PURPOSES INCLUDING ASSISTED LIVING FACILITIES; SECTION THREE, TO AMEND PARAGRAPH 5 ENTITLED TRANSPORTATION OF THE CONCLUSIONS OF LAW SECTION TO DELETE REFERENCES TO OVERPASSES OVER GOLDEN GATE PARKWAY AND OTHER MINOR CHANGES; SECTION FOUR, TO DELETE REFERENCES TO THE DEFINITIONS SECTION OF CHAPTER 380 FLORIDA STATUTES AND RENUMBER SUBSEQUENT PARAGRAPHS; SECTION FIVE, FINDINGS OF FACT; SECTION SIX, CONCLUSIONS OF LAW AND SECTION SEVEN, EFFECT OW PREVIOUSLY ISSUED DEVELOPMENT ORDER, TRANSMITTAL TO DCA AND EFFECTIVE DATE. WHEREAS, the Board of County Co~missioners of Collier County, Florida approved Development Order 90-3 {the Development Order) on June 6, 1990, which approved a Development of Regional Impact (DRX) known as the Grey Oaks Planned Unit Development; and WHEREAS, the original Development Order is still in effect as amended by Development Order 90-5 on October 16, 1990; and WHEREAS, the owners of the Grey Oaks Planned Unit Development desire to change the DR! as follows: (i) reduce the number of residential units from 2,700 to 1,900; (ii) increase the number of golf holes located within Collier County fromm 45 to 54; (i~i) shift the site of the approved 250 room hotel from the northeast quadrant to the southeast quadrant; (iv) increase the acreage within the DRI designated for conservation, lakes and water management, which includes preservation areas, from 180.1 acres to 236.78 acres, and (v} delete the internal project road overpass linking the northeast and southeast parcels across Golden Gate Parkway; and WHEREAS, the tract of land lying adjacent to proposed Livingston Road and south of Golden Gate Parkway and east of the Florida Power and Light easement has up to three hundred multi-family dwelling units assigned to -1- Words e~-k--~.e~3M are deleted, words underlined are added. 17H ,mm. ~t and the owners desire to make this tract available for general residential purposes, including assisted living facilities; and WHEREAS, George L. Varnadoe of Young, van Assenderp & Varnadoe, P.A., representing the Halstatt Partnership, petitioned the Board of County Commissioners of Collier County, Florida, to amend the Development Order; and WHEREAS, the Collier County Planning Commission has reviewed and considered the report and recommendations of the Southwest Florida Regional Planning Council (SWFRPC) and held a public hearing on the petition on October 1, 1998; and WHEREAS, the Board of County Co~x~issioners of Collier County has reviewed and considered the reports of the SWFRPC and the Collier County 10,Planning1998;C°mmissi°n and held a public hearing on the petition on November NOW, THEREFORE, be it resolved by the Board of County Commissioners of Collier County, Florida that: SECTION ONE: AMENDMENTS TO DEVELOPMENT ORDER Paragraph 4, of the Findings of Pact Section of the Grey Oaks Development Order IResolution 90-292, as amended) is hereby amended to read as follows: 4. The applicant proposes the development of Grey Oaks Planned Unit Development for 1,601 acres which includes: 120.4 acres of co~mercial uses to include 250 hotel rooms, 653,453 square feet (gross floor area) of office commercial, 649,638 square feet (gross leasable area) of retail commercial, 2,700 1,900 residential dwelling units, ~ 72 holes of golf, and 2~.? 323.38 acres of conservation, lakes and water management, which includes preservation areas. SECTION TWO: AMENDMENTS TO DEVELOPMENT ORDER Paragraph 3 entitled 'Housing", of the Conclusions of Law Section of the Grey Oaks Development Order (Resolution 90-292, as amended) is hereby amended to read as follows: 3. HOUSING a. The County has committed by 1994 to make available adequate sites for housing for low and moderate income persons (Objective 1.4, Housing Element, Growth Management Plan). The SWFRPC reconunended that the -2- Words ~ are deleted,' words underlined are added. I?H ,mm ~pplicant either reduce the square footage of the office or retail co~mmercial by enough to reduce the demand for affordable housing by 302 units; or participate on a proportionate share basis in any County-wide program adopted by ]994 to address affordable housing needs and to reserve a site until that date to enable applicant to participate in such a program. The applicant has submitted evidence of a substantial amount of existing and planned affordable housing in the immediate area. b. The square footage of the office co~ercial component of Phase III of this project has been reduced by 144,000 square feet, which reduces the affordable housing demand by 302 dwelling units. c. A~I ...... t ...... ra~cr';c t..& The tract of land lying adjacent to proposed Livingston Road south of Golden Gate Parkway and east of the Florida Power and Light easement_.....:' v...-.., ......... I, !99~, ~v.- -..v..'~-" has up to three hundred (300) multi-family dwelling units have bccn "~ ....... ~ ..... ~ ~ .......... by ' ........ ! ~nn~ said tract shall be available for general residential purposes~ including assisted living facilities. SECTION THREE: AMENDMENTS TO DEVELOPMENT ORDER Paragraph 5 entitled "Transportation" of the Conclusions of Law Section of the Grey Oaks Development Order (Resolution 90-292, as amended) is hereby amended to read as follows: 5. TRANSPORTATION a. The applicant or his successors shall be fully responsible for site-related roadway and intersection improvements required within the DRI. The applicant shall be required to pay the full cost for any site- related intersection improvements (including but not limited ~o, signalization, turn lanes and additional through lanes) found to be necessary by Collier County for the project's access intersections onto Airport Road (C.R. 31), Golden Gate Parkway (C.R. 896) and the future Words ~ are deleted, words ~ are added. l Livingston Road. Attached hereto as Exhibit "E" is a list of access intersections approved for the project and changes that are or ma3 be necessary in order to meet the long range transportation plans for the area. A copy of the signal progression analysis requested by the County Transportation Department is incorporated by reference and copies have been submitted to the SWFRPC, Collier County and the City of Naples. The proposed site cvcrp~s~cj overpass linking the quadrants of the project over Airport Road ~-~ ~-~ .... ~--' ...... will be designed so as not to interfere with the eventual widening of th$~c rcadwayo that roadway. roadways and intersections are b. The following regional projected to be impacted by five percent season prior to project buildout. (5%) of LOS D - peak hour, peak Roadways: Airport Road (C.R. Vanderbilt Beach Road (C.R. 862 to Radio Road (CR 856) Golden Gate Parkway {CR 886) Goodlette Road (CR 851) to Santa Barbara Boulevard Pine Ridge Road (CR 896) Airport Road (CR 31) to 1-75 Goodlette Road Creech Road to Fifth Avenue North Intersections: Airport Road (CR 31) at Pine Ridge Road (CR 896) Airport Road (CR 31) at Golden Gate Parkway (CR 886) Airport Road (CR 31) at Mercantile Avenue Airport Road (CR 31) at Radio Road (CR 856) Golden Gate Parkway (CR 886) at Goodlette Road (CR 851) Golden Gate Parkway (CR 886) at Livingston Road If any of the road segments identified in this paragraph become deficient in the future, the County shall establish an Area of Significant Influence (ASI) around such segment pursuant to the Collier County Adequate Facility Ordinance. c. The Applicant shall mitigate its impacts on the regional and local roadways and intersections identified herein as follows: (i) The applicant shall make the improvements specified in 5(a) hereof. (25) acres facilities: (ii) The applicant shall dedicate approximately twenty-five to accommodate the expansion of the following transportation Livingston Road, Golden Gate Parkway, and expansion of the -4- Words sWee~%R-ee~A are deleted, words till~[?.rJJk]3P~ are added. 17H intersection at Golden Gate Parkway and Airport Road to allow a grade separated urban interchange with Golden Gate Parkway being the grade separated roadway. The amounts of the right-of-way on each roadway and intersection which will be dedicated are specified in the PUD Document ......... ~ as amended. The dedications shall be made when the County is ready to make the improvement necessitating the dedication. (iii) The applicant shall be subject to all lawfully adopted transportation impact fees. (iv} The applicant shall build, at its expense, Livingston Road from Golden Gate Parkway south to the beginning of the northern approach to the bridge over Golden Gate Canal. This road improvement shall be a two-lane rural design built to County specifications and the construction shall occur in a time period which will coincide with the construction of Livingston Road from Radio Road north to Golden Gate Canal and construction of a bridge over Golden Gate Canal. The applicant shall have no responsibility for right-of-way acquisition except as specified in 5.C. (ii) hereof. (v) The applicant shall be subject to the Concurrency Management System of the County as set forth herein. (vi) The applicant shall be entitled to credits for dedications under 5.c. (ii) as set forth in the PUD document. The applicant shall be entitled to road impact fee credits for the construction of Livingston Road IParagraph 5.c.(iv)] as mandated by 380.06(16) (a), Florida Statutes (1989). SECTION FOUR: AMENDMENTS TO DEVELOPMENT ORDER Paragraph 8 of an untitled section of the Grey Oaks Development Order (Resolution No. 90-292, as amended) is hereby deleted in its entirety and subsequent paragraphs are renu~ered as follows: ~-~ 8_=. It is understood that any reference herein to any governmental agency shall be construed to mean any future instrumentality which may be created or designated or successor in interest to, or which otherwise Words ~ are deleted, words ~ are a~ded. possesses any of the powers and duties of any reference governmental &gency in e×lstence on the effective date of this Order. ~ 2. In the event that any portion or section of this Order is determined to be invalid, illegal, or unconstitutional by a court or agency of competent jurisdiction, such decision shall in no manner, affect the remaining portions of this Order which shall remain in full force and effect. ~-~ 10. This Order shall be binding upon the County, the City of Naples and the Developer, their assignees or successors in interest. SECTION FIVE: FINDINGS OF FACT 1. The proposed changes to the previously approved DRI do not meet or exceed any of the criteria listed in the DRI Development Order or in Subsection 380.06(19((b), Florida Statutes. 2. The applicant submitted to the County, the Regional Planning Council and the State Land Planning Agency Form BRM-08-86, said forth being entitled "Notification of s Proposed Change to a Previously Approved Development of Regional Impact ("DRI") Subsection 380.06(19), Florida Statutes. 3. The application is in accordance with Section 380.06(19}. 4. The proposed changes to the previously approved Development Order are consistent with the report and recommendations of the SWFRPC. 5. A comprehensive review of the impact generated by the proposed changes to the previously approved development has been conducted by the County's departments and the SWFRPC, and has established that the changes result in a reduction of the project's impacts. 6. The development is not in an area designated an Area of Critical State Concern pursuant to the provisions of Section 380.06, Florida Statutes, as amended. 7. No increase in development intensity is authorized by this Development Order 98- SECTION SIX: CONCLUSIONS OF LAW 1. The proposed changes to the previously approved Development Order do not constitute a substantial deviation requiring further Development of Regional Impact review. -6- Words ee~mek--~%~ are deleted, words underlined are added. 2. The proposed changes to the previously approved development will not unreasonably interfere with the achievement of the obJective~ of the adopted State Land Development Plan applicable to the area. 3. The proposed changes to the previously approved development are consistent with the Collier County Growth Management Plan and the Land Development Regulations adopted pursuant thereto. 4. The proposed changes to the previously approved Development Order are consistent with the State Comprehensive Plan. SECTION SEVEN: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER, TRANSMITTAL TO DCA AND EFFECTIVE DATE 1. Except as amended hereby, Development Order 90-3, as amended, shall remain in full force and effect, binding in accordance with its terms on all parties thereto. 2. Copies of this Development Order 98-~ shall be transmitted immediately upon execution to the Department of Community Affairs, Bureau of Land and Water Management, and the Southwest Florida Regional Planning Council. 3. This Development Order shall take effect as provided by law. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this ~-~ day of., ~-,~,~ , 1998. BROCK, Clerk BOARD OF COUNTY CO~ISSIONERS COLLIER COUNTY, FLORIDA BAR~RA ~. B~RRY, Che~rl~ ~l~ature on15. Approved as. to Form and Legal Sufficiency: MarJo~;ie M. Stdd~nt Assistant County Attorney -7- Words ~4~--t~k are deleted, words underlined are added. Y()UNO. VAN ASSENDERP ~ VARNADOE. P.A. Naples TO: /~/L~.,:~ ~..~ ~ ,~_t~?A I"RO~ MESSAGE: FACSIMILE PilONE NO: 7'7'(- ~ CLIE~ no.: CLIENT: ~./LL.,'~ ~ ~ PAGES TO ~ FOLLOW: c~ ORIG1NAL DOCUMEnT{S) WlLL ~ WILL NOT FOLLOW BY MAIL Call Sender when received: Y~ No c~' The information contained in this facsimile message is Attorney Privileged and Confidential information intended only for the use of Ihe Individual or entity named as recipient, if the reader Is not the Intended recipient, be hereby notified that any dissemination, dlstrJbntion or copy of this communication is strictly prohibited. If you have recdved this communication Lq error, please notify us Immediately by telephone and return the oflgLqnl message to us at (he address Iocat~ shove v~n the U.S. Polfot SeryJct. T~l.k ~o#. 941 597 1060 MENT OF COMMUNITY AFFAIRS Flor;dlanJ create Jafe, vibrant, ~u~tainable communil;es° P.02 OE£ -7 1~8 Gr~ O.~.s. Fsh: Nund~er ADA-gX9-045 De:. Mt. Brock. $inc~rdy. D R,'~y E~$ Communhy Program Admlnls~ra~or DP.E/dh ~.D~Tte~ml.S~uth~FIo~daRPC J&n-15-99 10~02A young van &~ser~de~'p I 941 597 1060 Po03 Certification is gcncrally done by your n~cncy clc~ and reads similar to Ibc l'ollowin~ lletet~/Certify that the for~olng is a tr.~ ~ correct copy of as approved by thc Board of ~ Commissioners at hs fe~ula~ meeting ~ which is o~ file in the o~fic~'~- Witness my hand and off]cid seal th~s day o~' Signature Block January 15, 1999 Mr. Steve Atkins, Planner State of Florida Department of Con...unity affairs Development of Regional Impact Section Bureau of Land and Water Management 2740 Centerview Drive Tallahassee, FL 32399 Re: Development Order 98-2/Resolution 98-472, Grey Oaks Development of Regional Impact Dear Mr. Atkins: Regarding Transmitted herewith is a certified copy of the above- referenced document, adopted by the Board of County Co~nissioners of Collier County, Florida, on Tuesday, November 24, 1998. Very truly yours, DWIGHT E. BROCK, CLERK Ellie Hoffman, /ejh Enclosure Deputy Clerk January 15, 1999 Mr. Daniel Trescott DRI Coordinator SWFRPC P. O. Box 3455 North Fort Myers, FL 33918-3455 Re: Development Order 98-2/Resolution 98-472, Regarding Grey Oaks Development of Regional Impact Dear Mr. Trescott: Transmitted herewith is a certified copy of the above- referenced document, adopted by the Board of County Commissioners of Collier County, Florida, on Tuesday, 24, 1998. Very truly yours, DWIGHT E. BROCK, CLERK November Ellie Hoff~n, Deputy Clerk /eJh Enclosure ~ ~10= [941) "/'74-8406 O 17H STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS 'Helping Floridians create safe, vibrant, sustainable communities' January 20, 1999 Mr. Ronald Nino, DRI Coordinator Collier County Planning Services 2800 North Horseshoe Drive Naples, Florida 34103 Grey Oaks Development of Resional Impact: DCA Projecl No. 89-045 Review of Adopted Amendment to thc Development Ordcr Dear Mr. Nino: We have completed the review of the adopted amendment to thc development order (D.O.) for Grey Oaks Development of Regional Impact (Collier County D.O. Number 98-2 Resolution 98472). adopted on November 24. 1998 and rendered to thc Department on January 19. 1999. It has been dctcrmined that thc revision to the development order meets the requirements o£Section 380.06(I S), Florida $hatutcs. and Rule 9.1'-2.025, Florida Administrative Code. The Department has no comments relating Io the subject D.O. and will not appeal its adoption. If you have any queslions or comments regarding this matter, pica.se call Bernard O. Piawah, Planning Manager, or Roger Wilbum, Community Program Administrator at (850) 487- 4545. cocop CC; Sincerely, Chnrlcs Couthier, AICP Growth Management Adminira-ator Dan Trescotl, DRI Coordinator, Southwest Florida Regional Planning Council Ellie Hoffman, Dep~ Clerk Collier County C. Lawrence Keesey, Young. van Assenderp and Vemadoe Law Firm 2Si8 BHUMARD OAK BOULEVARD · TALLAHA$$EE FLORIDA 32388.2100 Phone: (850) 488.848815uncom 278-8466 FAX: (850) 921:078118uncom 291.0781 fnlernel oddress: htfp:llwww.itato.fl.ullcomaf~l #q)tes D41ty ~ purpa~e ~t' 14curlnG ~htl Idvetttwt foe MtSeet~an in the Mid hevS~4~. liillilillillJlillilililililiilllllilliillilllililillliiillilil TOf JOYCE , HP*i'2 LES DAILY liililililiil]lllllillillllillliillllililliilllllillllllllillii LISA STEELE ¢o.1..1, Ler coun~ Co~.hot~se (82.3) 77~-8408 (83.3) 77Z,-8406 ,I D&~:o aerie: T:I. me sant: October 21, 1998 Ms. Joyce Blazier Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Ordinance amending Ordinance No. 92-60, A Levy of a 2% Tourist Development Tax Dear Joyce: Please advertise the above referenced notice one time on Friday, November 13, 1998, and kindly send the Affidavit of Publication, duplicate, together with charges involved to this office. Thank you. Sincerely, Lisa Steele, Deputy Clerk Purchase No. 001-138710-649100 171m NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereof given that on TUESDAY~ NO%q~BER, 24,1998~ 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 co~ence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE AMENDING ORDINANCE NUMBER 92-60 RELATING TO T~E LEVY OF A 2% TOURIST DEVELOPMENT TAX AND AN ADDITIONAL 1% TAX THROUGHOUT COLLIER COUNTY PURSUANT TO THE LOCAL OPTION TOURIST DEErELOPMENT ACT, SECTION 125.0104, FLORIDA STATUTES, PROVIDING FOR AMENDMENT TO SECTION THREE CONCERNING THE USE OF TAX REVENUES TO ALLOW EXPENDITURES FOR MUSEUMS OWNED AND OPERATED BY NOT FOR PROFIT ORGANIZATIONS AND OPEN TO THE PUBLIC; PROVIDING FOR CONFLICT AND SEVERA~ILITY; PROVIDING FOR INCLUSION IN CODE OF LAWS ~ ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and b~ heard. NO~"E: Ail persons wishing to speak on any agenda item must register with the County administrator ~ to presentation of the agenda item to be addressed. Individual spea~ers 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 minilm~m of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BARBARA B. BERRY, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Lisa Steele, Deputy Clerk (SEAL) OP~INANCE NO. 98- AR OP, D INANCE AMEND ING ORDINANCE NO. 92-60 RELATING TO THE LEV~ OF A 2% TOURIST DEVELOPMENT TAX AND AN ADDITIOHAL 1% TAX LOCAL OPTION TOURIST DEVELOPMENT ACT, SECTION 125.0104, FLORIDA STATUTES, FROVZDING OF TAX ~EVENUES TO ALLOW =~.~4DiTD~RE8 FOR MUSEUMS O~ED AND O~%~ED BT NOT FOR PROFIT ORGANIZATIONS AND OPeN TO '~*ug PUBLIC; P~OVIDING FOR CONFLICT AND SEVERA~ILIT~ PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 125.0104, Florida Statutes provides for the levy of al]ocal option tourist development tax by any county; WHEREAS, the Board of County Commissioners enacted Ordinance No. 92-60, which levied and imposed a tourist and development tax throughout Collier County for the purposes permitted in ~ectlon ]25.0]04, Florida Statutes, as amended, and to utilize previously collected tourist development taxes as authorized by Chapters 92-175 and 92-204, Laws of Florida, enacted by the Legislature at its regular session of 1992; WHEREAS, the Board of County Commissioners of Collier County, by an extraordinary voter desires to amend the uses of tax revenue and tourist development plan; and WHEREAS, the proposed amendments were presented to the Collier County Tourist Development Council. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: Amendment to Section Three of Collier County Ordinance No. 92-60. Section Three is hereby amended to read as follows: SECTION THREE: USE OF TAX REVENUES. A. The tax revenues received pursuant to this Ordinance and the tourist tax revenues previously collected from Noven~er 1990 to November 1991 pursuant to Ordinance NO. 90-43 shall be used to fund the Collier County Tourist Development Plan, which is hereby adopted as follows: 1- TOURIST DEVELOPMENT PLAN The two percent (2%) tourist development tax shall be levied throughout Collier County beginning the first day of the second month following approval of this Ordinance by referendum. The tax district shall include the entire geographic area of Collier County, Florida. The anticipated revenue for a two percent (2%] tourist development tax for all of Collier County over a twenty-four (24) month period is Seven Million Dollars ($7,000,000.00), less costs of administration. The additional one percent (1%) tourist development tax shall be levied throughout Collier County beginning the first day of January, 1996 and terminating on December 31, 1999. The tax district shall include the entire geographic area of Collier County, F~orida. I. The categories of use of the two percent (2%) tax revenues by specific project or special use are hereby listed in the order of priority and include the approximate cost or expense allocation for a twenty-four (24) month period for each project or use as follows: CATEGORY A - To finance beach improvement, renourishment, restoration and erosion including pass and inlet maintenance. Approximate cost Percentage of or expense allocation Net revenue $4,200,000 CATEGORY B - maintenance, control, 60%, reduced by the amount required for Category D. To promote and advertise county tourism within the State of Florida, nationally and internationally, which encourages tourism with an emphasis on off-season visitors to Collier County. The guidelines for Category B funding are attached as Exhibit "A" and incorporated herein. Approximate cost or expense allocation Percentage of Net revenue $2,310,000 40% The percentage of net revenue within Category B shall be further specifically allocated as follows: Wo~ds ~a~l~ntd a~ added: wotda sm~O~,~ a~ de~,~ed, 171- la) For tourism advertising and direct marketing - $1,750,000 25% For local projects and/or activities which promote tourism - $560,000 to $1,050,000 At least 8%, but up to 15% depending on amount budgeted by the Board of County Commissioners for Category C. CATEGORY C - To acquire, construct, extend, enlarge, remodel, repair, improve, maintain, operate or promote one or more County owned museums or museums that are owned and operated by not for profit organizations and open to the public. Approximate cost or expense allocation Percentage of Net revenue $0 to $490,000 Amount budgeted for this Category by the Board of County Commissioners each fiscal year, but not to exceed 7%. This amount may be amended upwardly or downwardly prospectively from the date of the budget amendment approval, provided that the amount of the aggregate allocation per fiscal year budget amendment does not exceed 7% of the net revenue. CATEGORY D - TO acquire, COnStruct, extend, enlarge, remodel, repair, improve, maintain, operate or promote one or more fishing piers which are publicly owned and operated. Approximate cost or expense Percentage of Net revenue $0 to $200,000 Amount budgeted for this Category by the Board of County Commissioners each fiscal year, but not to exceed $200,000. This amount may be amended upwardly or downwardly prospectively from the date of the budget amendment approval, provided that the amount of the aggregate allocation per fiscal year does not exceed $200,000. It is the intent of this Ordinance that the above uses shall be funded separately, but simultaneously in the above percentage~ regardless of the actual amount of net revenues collected. Upon expiration of the additional 1% tourist development tax as described in this plan, the Tourist Development Council may request the Board of County Commissioners to review the funding allocations at five year intervals. 2. The additional one percent (1%) tax revenues collected pursuant to Section Two (F) shall be used to finance beach improvement, maintenance, renourishment, restoration and erosion control. 3. The revenues to be derived from the tourist development tax may be pledged to secure and liquidate revenue bonds in accordance with the provisions of Section 125.0104, Florida Statutes.s Such revenue bonds and revenue refunding bonds may be authorized and issued in such principal amounts, with such interest rates end maturity dates, and subject to such other terms, conditions and covenants as the governing board of Collier County shall provide. This paragraph shall be full and complete authority for accomplishing such purposes, but such authority shall be supplemental and additional to, and not in derogation of, any powers now existing or later conferred under law. 4. The event bonds are issued by Collier County for any of the purposes enumerated by the Tourist Development Plan, the amount of tourist development tax receipts used to pay debt service on such bonds may exceed the percentages provided for the purpose for which such bonds were issued; provided, however, the maximum annual debt service on such bonds, together with any other obligations of Collier County which were issued to finance improvements for the same purpose and which are secured by the tourist development tax, must not exceed the stated percentage of tourist development tax receipts provided in the Tourist Development Plan for such purposes, as calculated as of the date of sale of such bonds. For purposes of performing the calculations described in this paragraph, the amount of tourist development tax receipts shall be assumed to be the amount provided as such in Collier County's imediately preceding annual 4- audit, plus, if the levy of such tax was imposed or increased subsequent to the beginning of the period which was audited, an amount equal to the estimate by the County Manager of the moneys the County would have received if the tax imposition or increase had been in effect during the entire audit period. At or prior to the issuance of bonds the County Manager shall provide a certificate as to the findings required in this paragraph, which certificate shall be conclusive as to all matters provided therein. B. The above and foregoing Tourist Development Plan may not be substantially amended except by ordinance enacted by an affirmative vote of a majority plus one additional member of the Board of County Commissioners. SECTIOH THREE: CONFLICT AND SEVERABILITY. In ~he event this ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FOUR: INCLUSION IN THE CODE OF LAWS AND ORDINANCES The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION FIVE: EFFECTIVE DATE. This Ordinance shall become effective upon filing with the Secretary of State. PASSED AND DULY ADOPTED by a vote of a majority plus one of the Board of County Co~issioners of Collier County, Florida, this __ day of , 1998. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By:_ BARBARA B. BERRY, Chairman Approved as to form and legal sufficiency: Assistsnt County Attorney 6= o~INANc'~ ~o. 96-/3--- AN OI~D INANCE AMENDING OP.D INANCE NO. 92-60 RELATING TO THE LEVY OF A 2% TOURIST DEVELOPMENT TAX AND AN ADDITIONAL 1% TAX THROUGHOUT COLLIER COUNTY PURSUANT TO THE LOCAL OPTION TOURIST DEVELOPMENT ACT, SECTION 125.0104, FLORIDA STATUTES, PROVIDING FOR AMENDMENT TO SECTION THREE CONCEP/~ING THE USE OF TAX REVENUES TO ALLOW EX~ENDI'&u*~S FOR MUSEU~ O~ED AND OPERATED BY NOT FOR PROFIT ORGANI ~ATIONS A~D OPEN TO THE PUBLIC; PROVIDING FOR CONFLICT ~ SEVEI~ABILITY; PROVIDING FOR INCLUSION IN CODE OF LA~S AND ORDINANCES; AND PROVIDING FOR AN ~'~CTIVE DATE. WHEREAS, Section 125.0104, Florida Statutes provides for the levy of a local option tourist development tax by any county; WHEREAS, the Board of County Co~issioners enacted Ordinance No. 92-60, which levied and imposed a tourist and development tax throughout Collier County for the purposes permitted in Section 125.0104, Florida Statutes, as amended, and to utilize previously collected tourist development taxes as authorized by Chapters 92-175 and 92-204, Laws of Florida, enacted by the Legislature at its regular session of 1992; WHEREAS, the Board of County Commissioners of Collier County, by an extraordinary vote, desires to amend the uses of tax revenue and tourist development plan; and WHEREAS, the proposed amendments were presented to the Collier County Tourist Development Council. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: Amendment to Section Three of Collier County Ordinance No. 92-60. Section Three is hereby amended %o read as follows: SECTION THREE: USE OF TAX REVENUES. A. The tax revenues received pursuant to this Ordinance and the tourist tax revenues previously collected from Nove~er 1990 to November 1991 pursuant to Ordinance No. 90-43 shall be used to fund the Collier County Tourist Development Plan, which is hereby adopted as follows: 1- Wor~m~l~.lja~c~k'd;word~e~,~'e~'h~c ~L-~'~, TOURIST DEVELOPMENT PLAN The two percent (2%) tourist development tax shall be levied throughout Collier County beginning the first day of the second month following approval of this Ordinance by referendum. The tax district shall include the entire geographic area of Collier County, Florida. The anticipated revenue for a two percent (2%) tourist development tax for all of Collier County over a twenty-four (24) month period is Seven Million Dollars ($7,000,000.00), less costs of administration. The additional one percent (1%) tourist development tax shall be levied throughout Collier County beginning the first day of January, 1996 and terminating on December 31, 1999. The tax district shall include the entire geographic area of Collier County, Florida. 1. The categories of use of the two percent (2%) tax revenues by specific project Or special use are hereby listed in the order of priority and include the approximate cost or expense allocation for a twenty-four (24) month period for each project or use as follows: CATEGORY A - To finance beach improvement, maintenance, renourishment, restoration and erosion control, including pass and inlet maintenance. Approximate cost or expense allocation $4,200,000 CATEGORY B - Percentage of Net revenue 60%, reduced by the amount required for Category D. To promote and advertise county tourism within the State of Florida, nationally and internationally, which encourages tourism with an emphasis on off-season visitors to Collier County. The guidelines for Category B funding are attached as Exhibit "A" and incorporated herein. Approximate cost or expense allocation Percentage of Net revenue $2, 310,000 40% The percentage of net revenue within Category B shall be further specifically allocated as follows: ~a) For tourism advertising and direct marketing - $1,750,000 25% 2b) For local projects and/or activities which promote tourism - $560,000 to $1,050,000 At least 8%, but up to 15% depending on amount budgeted by the Board of County Commissioners for Category C. CATEGORY C - To acquire, construct, extend, enlarge, remodel, repair, improve, ~aintain, operate or promote one or more County owned museums or museums that are owned and operated by not for profit organizations and open to the public. Approximate cost or expense allocation Percentage of Net revenue $0 to $490,000 Amount budgeted for this Category by the Board of County Commissioners each fiscal year, but not to exceed 7%. This amount may be amended upwardly or downwardly prospectively from the date of the budget amendment approval, provided that the amount of the aggregate allocation per fiscal year budget amendment does not exceed 7% of the net revenue. CATEGORY D - To acquire, construct, extend, enlarge, remodel, repair, improve, maintain, operate or promote one or more fishing piers which are publicly owned and operated. Approximate cost or expense Percentage of Net revenue $0 to $200,000 Amount budgeted for this Category by the Board of County Commissioners each fiscal year, but not to exceed $200,000. This amount may be amended upwardly or downwardly prospectively from the date of the budget amendment approval, provided that the amount of the aggregate allocation per fiscal year does not exceed $200,000. It is the intent of this Ordinance that the above uses shall be funded separately, but simultaneously in the above percentage~ regardless of the actual amount of net revenues collected. Upon expiration of the additional 1% tourist development tax as described in this plan, the Tourist Development Council may request the Board of County Commissioners to review the funding allocations at five year intervals. 2. The additional one percent (1%) tax revenues collected pursuant to Section Two (F) shall be used to finance beach improvement, maintenance, renourishment, restoration and erosion control. 3. The revenues to be derived from the tourist development tax may be pledged to secure and liquidate revenue bonds in accordance with the provisions of Section 125.0104, Florida Statutes. Such revenue bonds and revenue refunding bonds may be authorized and issued in such principal amounts, with such interest rates and maturity dates, and subject to such other terms, conditions and covenants as the governing board of Collier County shall provide. This paragraph shall be full and complete authority for accomplishing such purposes, but such authority shall be supplemental and additional to, and not in derogation of, any powers now existing or later conferred under law. 4. The event bonds are issued by Collier County for any of the purposes enumerated by the Tourist Development Plan, the amount of tourist development tax receipts used to pay debt service on such bonds may exceed the percentages provided for the purpose for which such bonds were issued; provided, however, the maximum annual debt service on such bonds, together with any other obligations of Collier County which were issued to finance improvements for the same purpose and which are secured by the tourist development tax, must not exceed the stated percentage of tourist development tax receipts provided in the Tourist Development Plan for such purposes, as calculated as of the date of sale of such bonds. For purposes of performing the calculations described in this paragraph, the amount of tourist development tax receipts shall be assumed to be the amount provided as such in Collier County's immediately preceding annual 4- audit, plus, Ii the levy oi such tax was imposed or increased subsequent to the beginning of the period which was audited, aq amount equal to the estimate by the County Manager of the moneyl. the County would have received ii the tax imposition or increase had been in ellect during the entire audit period. At or prior to the issuance oi bonds the County Manager shall provide a certilicate as to the iindings required in this paragraph, which certificate shall be conclusive as to all matters provided therein. H. The above and foregoing Tourist Development Plan may not be substantially amended except by ordinance enacted by an affirmative vote of a majority plus one additional member of the Hoard of County Commissioners. SECTION THREE: CONFLICT AND SEVERJ~ILITY. In the event this ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this ordinance is held invalid or unconstitutional by any court of competent Jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FOUR: INCLUSION IN THE CODE OF LAWS AND ORDINANCES The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or relettered to accomplish such, and the word "ordinance" ~y be changed to "section", "article", or any other appropriate word. SECTION FIVE: EFFECTIVE DATE. This Ordinance shall become effective upon filing with the Secretary of State. 171 * *' PASSED AND DULY ADOPTED by a vote of a majority plus one of the Board of County Commissioners of Collier County, Florida, this ~ day of __~f~, 1998. ATTEST: DWIGHT E. BRO~K, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA A~t~$~a$ t,o Cha~r~Nt'~ ' BARB~RA B. ~ERR~% Ch~r~.~ ~pprgved ~s ~o form and legal sufficiency: Heidi ~ Ashton Assistant County Attorney ~TATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twen~ie=h Judici&l Circuit, Collier County, Florida, do hereby certify that the foregoing is a tr~e copy of= O~DINANCENO. 98-95 ~hich was adopted by the Board of County Colissioners on the 24~h day of November, 1998, during Regular Sesmion. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 25th day of Novefaber, 1998. D~IGHT E. BROCK Clerk of Courts and Clark Ex-officio to Board of' 17Jm~4 ~of CoLtt~r dlS4a~lt, r46Ke, carats*tm of ref~d for the 11/13 l?jn~ Al( ORDXHA~CE .Id'~NDING ORDIH~qCE 140. 92-18 D~~ ~CZL, ~G SE~X~ ~ ~ ~DE ~R ~DZTX~ O~ A ~G OF S~C~ ~S; ~D~G ~ C~X~ ~ S~Z~; ~G ~R XNC~SX~ IN C~E OF ~ ~ ~S; ~ E~ DA~. o /~. ...... :~ ........................................................................... ~df34~L'T'e~3~t IM~I. ES DAILY NK~S [lilllllliili~lllllillillilllllililllilililllliliilllilililllll LISA STEELE ._. Z~O(:~]L.-TZO]i= Co]..1.].e:' comlL-T' ccm:L..thot,~e (813) 77/~-8&06 October 21. 1998 Ms. Joyce Blazier Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Ordinance amending Ordinance No. Development Council 92-18 Relating to the Tourist Dear Joyce: Please advertise the above referenced notice one time on Friday, November 13, 1998, and kindly send the Affidavit of Publication, duplicate, together with charges involved to this office. in Thank you. Sincerely, Lisa Steele, Deputy Clerk Purchase No. 001-138710-649100 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, NOVE{4BER 24,1998t 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 92-18 RELATING TO T~E TOURIST DEVELOPMENT COUNCIL, AMENDING SECTION TWO TO PROVIDE FOR ADDITION OF A NON-VOTING MEMBER WITH PROFESSIONAL EXPERIENCE IN THE PROMOTION AND MARKETING OF SPECIAL EVENTS; PROVDIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSTION IN CODE OF LAWS AND ORDINANCE: AND PROVIDING FOR AN EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register ~ 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 subcuit said material a minimtu~ 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 ~come a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BARBARA B. BERRY, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Lisa Steele, Deputy Clerk (SF. AL) 17J = OR,DZN)~C~ NO. 98- AN ORDINANCE AM~D ING ORD I~ANCE NO. 92-1B RELATING TO THE TODd/ST DE%~ELOPMENT COUNCIL, AMENDING SECTION TWO TO PROVIDE FOR ADDITION OF A NON-VOTING MEMBER WITH PROFESSIONAL EXPERIENCE IN THE PP4~OTION ~ M~,KETING OF SPECIAL EVENTS; PROV~DI'NG FOR CONFLICT AND SEVE~tABILIT~; PROVIDING FOR INCLUSION IN CODE OF IJ%WS AND ORDINANCES; AND PROVIDING FOR AN ~=~ ~CTIVE DATE. WHEREAS, on March 24, 1992, the Board of County Commissioners adopted Ordinance No. 92-18 which created the tourist development council; and WHEREAS, the Board of County Con~nissioners desires to add a non-voting member to the tourist development council. NOW, THEREFORE, 'BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, ~LORIDA that: SECTION ONE: AMENDMENT TO SECTION TWO OF COLLIER COUNTY ORDINANCE NO. 92-18. Section Two is hereby amended to read as follows: SECTION TWO: ESTABLISHMENT OF THE COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL There is hereby established the Collier County Tourist Development Council which shall be composed of a minimum of nine (9) members and a maximum of ,%i~c te___q (~) (10) members who shall' be appointed by the Collier County Board of County Convn~ssioners as set forth in this Ordinance. SECTION TWO: AMENDMENT TO SECTION TEPEE OF COLLIER COUNTX ORDINAncE NO. 92-18 Section Three is hereby amended to read as follows: SECTION THREE: COMPOSITIOH OF MEMBERSHIP. The membership of the Collier County Tourist Development Council shall be composed as follows: (a) The Chairman of the Board of County Commissioners of I· 17J-mi Collier County or any other member of the Board of County Commissioners as designated by the Chairman to serve on the Council. (b) Two (2) members of the Council shall be elected municipal officials, at least one (1) of whom shall be from the most populous municipality in the County or Sub-County Special Taxing District in which the tax is to be levied. (c) Three (3) members shall be owners or operators of motels, hotels, recreational vehicle parks, or other tourist accommodations in Collier County subject to any tourist development tax levied pursuant to Section 125.0104, Florida Statutes. (d) Three (3) members of the Council shall be persons who are involved in the tourist industry and who have demonstrated an interest in tourist development, but who are not owners or operators of motels, hotels, recreational vehicle parks or other tourist accommodations in Collier County which would be subject to any tourist development tax. (e) One (l~ member of the Council may be appointed as a non- voting member. This member shall act as technical advisor to th~ Council and shall have professional experience in the promotion and marketing of special events. The Board~ in its discretion~ may leave this position vacant if it finds that no applicant is adequately qualified. All members of the Collier County Tourist Development Council shall be electors of Collier County and the members shall serve at the pleasure of the Board of County Commissioners for staggered terms of four (4) years. The terms of office of the original members shall be prescribed in the resolution appointing the original members. SECTION THREE: CONFLICT AND SEVERABILIT~. In the event this ordinance conflicts with any othur ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this ordinance is held invalid or unconstitutional by any court of SECTION FIVE: This Ordinance Secretary of State. competent Jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FOUR: INCLUSION IN THE CODE OF LA~S AND ORDINANCES The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may be renu~ered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. EF~CT~ DAT~. shall become effective upon filing with the PASSED AND DULY ADOPTED by a vote of a majority plus one of the Board of County Co~issioners of Collier County, Florida, this day of ., 1998. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: BARBARA B. BERRY, Chairman Approved as to form and legal sufficiency: Heidi F. Ashton Assistant County Attorney Wora. und~lin~ ~ odd, ed; woMf ~ Ire d~le~ed. ~N OBD I}~%NCE ;~q~24D ING ORD i~CE NO. 92-18 RELATING TO TNE T~ST D~FELOP~ C(~CIL, WHE?EAS, on March 24, 1992, the Board of County Commisslor~ers adopted Ordinance No. 92-18 which created the tourist development council; and WHEREAS, the Board of County Co~issioners desires to add a non-voting member to the tourist development council. NOW, THEREFORE, BE iT ORDAINED BY THE BOARD OF COUNTY CO~I$SIONE~S OF COLLIER COUNTY, FLORIDA that: SECTIC~ ONE: /~ ~ SEC~TZON ~"WO OF COLLIER ORDIN~C~ NO. 92-18. Section Two is hereby amended to read as follows: SECTION TWO: ESTABLISHMENT OF THE COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL There ;s hereby established the Collier County Tourist Development Council which shall be composed of a minimum of nine (9) members and a maximum of nine ten (~) (1__0) members who shall be appointed by the Collier County Board of County Comr~issioners as set forth in this Ordinance. SECTION ~-WO: ~/~ TO SECTION TH~ OF COLLIER CO~ O~DIN~CE NO. 92-18 Section Three is hereby amended to read as follows: SECTION THREE: COMPOSITION OF MEMBERSHIP. The membership of the Collier County Tourist Development Council shall be composed as follows: (a) T~,e Chairman o~ the Board of County Commissioners of 1' ! J acco~odations develo~ent tax Statutes. Collier County or any other member of the Board of County Commissioners as designated by the Chairman to serve on the Council. (b) Two (2) members of the Council shall be elected municipal officials, at least one (1) of whom shall be from the most populous municipality in the County or Sub-County Special Taxing District in which the tax is to be levied. (c) Three (3) members shall be owners Or operators of motels, hotels, recreational vehicle parks, or other tourist in Collier County subject to any tourist levied pursuant to Section 125.0104, Florida (d) Three (3) members of the Council shall be persons who are involved in the tourist industry and who have demonstrated an interest in tourist development, but who are not owners or operators of motels, hotels, recreational vehicle parks or other tourist acco~odations in Collier County which would be subject to any tourist development tax. (e) One (I) member of the Council may be appointed as a non- voting member. This member shall act as technical advisor to the Council and shall have professional experience in the promotion and marketing of special events. The Board~ in its discretion~ m~y leave this position vacant if it finds that no applicant is adequately qualified. Ail members of the Collier County Tourist Development Council shall be electors of Collier County and the members shall serve at the pleasure of the Board of County Co~m~issioners for staggered terms of four (4) years. The terms of office of the original members shall be prescribed in the resolution appointing the original members. SECTION THREE: CO~I~TA~D ~EVERA~ILITX. In the event this ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this ordinance is held invalid or unconstitutional by any court of competent Jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion. This Ordinance shall become effective upon filing with the PASSED AND DULY ADOPTED by a vote of a majority plus one of ~/ day of ~,~--~// , 1998. ATTEST: / OWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA I~I~/aS ~X) Ch~las'&'/ ' BARI~RA Bi ~RRY,~.Cha~rman~ sl~ture 'Approved aa to form and 1.ega 1 sufficiency: Heidi F. Ashton Assistant County Attorney '17J 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. 98-96 Which was adopted by the Board of County Commissioners on the 24th day of November, 1998, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, thie 25th day of November, 1998. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Boa. rd of. Deputy Clerk I~)Ls*, ft. ~,102 It~fE~4c[: 0012~0 CG'I 1 (Ti 5ZO(~I 577~ ~EPE.~. 90-10~ NOTZC£ CoLLier C4X~', FLoridl, Ind thet the Mtd pul)LtM tn Mtd CoLLte~ C~l~y, Fto~ldl, eech ~tt4~ It t~4 i~t offtc~ in IMpLy, in Mid C~ttl~ Cmmt),, It~td~, fo~ · pe~tod of I yflr f~rlhlt ~ that a~e h~ netth~ petd rc~ OW: 11/1.1 [XX] ~o~1 ~dgal A~vercise~dnC ~ ) ZdAzL~ I~£ore, [XX] Bec ! J I~.A ! ! Other AN ORDI~rANCE REPEALinG, LN ITS Eh'rll~(o COLLIER COUNTY ORDL~CE NO. 90-109, ¥~NDERBILT BEACH AREA BEAUTIFICATION MUNICIPAL SERVICE TA.~G L~TI'; FROVID~NG FOR i~/C].,USION ~N' CODE OF LAWS AND ORDLN'ANCES; PROVIDLNG FOR CO~TLICT AND SEVLrRAB~; A,%'D PROVIDING FOR AN Et ~Ct I V~ DATE. C~;mpaalon pec~CAo~l(m), L£ any, · propomod bearLov dace, ~0~ · o,t,. 001-101520~ l)~.b~bAiLtOfl, h/tLatLng RA2ddJ~i_llad to approve and ~ub~At original to CXezk.s Offb., rottLuLnf · cot/ for fLX.. IIIiliIIilIilUIillIIilliillilIllllIlllllIlllIlIllilIIlilIilllllI NAPLES DAILY lllllllllliillllllllllllllilll!!illllliilllilllllillllllllilill LISA STEELE Loc2~o]~ CoL~ie~- Coun~'~ Co~o~se H'O: ('83.3) 774-8408 1~RO2~'~O: (813) 77~-8A06 ?:Lne ",ant:: October 8, 1998 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 33940 Re: Notice of Public Hearing to consider an ordinance re~ealing Ordinance 90-109 Dear Judi: Please advertise the above referenced notice one time on Friday, November 13, 1998, and send the Affidavit of Publication, in duplicate, together with charges involved to this office. Sincerely, Msureen Kenyon, Deputy Clerk Encl. Purchase Order No. 001-101520-649100 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on 'i~%~AY~ NOVEMBER 24, 1998~ 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 REPEALING, IN ITS ENTIRETY, COLLIER COUNTY ORDINANCE NO. 90-109, VANDERBILT BEACH AREA BEAUTIFICATION MUNICIPAL SERVICE TAXING UNIT; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. ]~)TE: All persons wishing to speak on any agenda item must register ~ the County administrator ~rior 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 · ~ok~on fO~ a g~ou~ or organima~on may b~ allotted lO 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 ~ublic hearir~. 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 pert of the recor4. 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 ~ade, 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/Maureen Kenyon, Deputy Clerk (SEAL) this DWIGtIT E. BROCK. Clerk :J' 7Kqae AN ORDINANC1~. REPI~ALING, IN ITS ENTIRETY, COLLIER COUNTY ORDINANCE NO. 90-109, V'ANDERB1LT B~-ACIrl AP-~A BEAUTIFICATION MUNICIPAL SE. RVIC~ TAXING UNTT; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABIL1TY~ AND PROVIDING FOR AN ~..¥¥~Cl IV~ DATE. WHEREAS, the Board of County Cornrnissioner~ adopted Ordinance No. 90-109, which created the Vandefl~lt Be~¢h Area Beautificatio~ Municipal Service Taxing Unit; and 1A~IEREAS, the Board of County Commi~iofler~ desire~ to terminate the Vandc~otlt I~ach Area Beautification Municipal ~ Taxing UniL NOW, TtIEREFORE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA that: ~: REPEAL OF COLLIER COLrNTY' ORDINANCE NO. 90-! 09. Collier County Ordimmce No. 90-I 09, i* hertb~ n.q~e~led in i. emh't~y. ~: INCLUSION IN THE CODE OF LAWS AND ORDINANCE The pro~sio~s or' this Ch'dlnance sh~ll become ~nd be made a part oflhe Code of L~I: ~nd Ord~nance~ of CollieT County, l~orlda. The ~ctiuns of ~e Ordinance may he renumbe~d er re-leda'ed to ~cco.,p|ish such, and the word 'ordinance' tnay he chun~d to '~iee'. 'micle', or ~y ~ .~,.~ :ate ~ ~: CONFLICT AND SL:'VERABILrrY In the event this Ordinance cunfllct~ ~ith ~ny ~ Ordinance of Collicr Cmm~y er other opplic~ble law, the mo~ restrictive shall ~pply. I1' ~' phme or portion et' the Ordlnanee b held tnwlid er unconstitutional by any court of comp~em juri~dictiun. ~ach portion shaft be deemed a ~e1~r~te, di~'"'"'"~ ~ mdepe'ndent provision and ~u~h holding shall not affect ~le v~lidity oftbe remaining portion. ~: EFFF. CI'IV~ DATE This Ordinance d~ll be ¢ffe~ive upun filing ~ith the Flo~da Depa~ancnt of Slate. PASSED AND DULY ADOPTED by Ibe Bunn:l of County Cm.iiii~unel~ of Co~ier Cou~t, F~erida~ .day of ,1998. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLOR.~DA BY: BY: At~,,-o~,~d u I~ form and Icpl mt~cicncy: ~i~t ~ A~ BARBARA B, BERRY, C~innun AN ORDINAN~ ~PgALING, IN ~ g~, CO~I~R BEA~HCA~ON M~P~ ORDINANCe; PROLOG FOR ~N~I~ A~ AN~ PRO~DING FOR ~ E~-i I ~ DA~ WHEREAS. t~ ~rd of C'~n~ C~m~i~ ad~t~ ~dinan~ No. ~-]~, ~ich V~llt ~h Ar~ I~mificati~ M~icl~] ~ce Taxing Unit; ~IEREAS. t~ ~rd of Cowry C'ommiMi~ d~J~ to t~inate t~ V~ilt ~ch ~fi~tJ~ M~ici~l ~ Taxing Unit. NOW. ~{EREFORE. BE ~ O~A~D BY ~E BO~ ~LLI~ CO~. ~ORIDA t~t: ~: REPEAL OF COLL]~ CO~ O~AN~ NO. Colli~ C~ ~i~e No. ~- I~. is ~ ~1~ ~ ~ ~. ~: INCLUSION ~ ~E ~DE ~ ~WS ~h. ~d t~ w~d '~dmance' may ~ c~ng~ to "~i~'. '~Jc]e", ~ ~y ot~ a~-~ ;4~ ~d. ~: ('ONHJ~ A~) SEVE~BIL~ In t~ cyst this ~di~e c~fli~ ~th any m~ law, ~ ~ ~m~ive ~11 ~ly. If ~y p~ ~imti~l ~ any ~ of~t j~i~i~. ~h i~t ~ovm~ and ~h ~]dmg s~ll ~l aff~ ~ ~lidi~ oft~ ~inmg ~. PASSED AND DULY A~ED ~ ~ ~d ofC~ C~mmi~ of ~ll~ ~, Al 1E.gT: DWIGHT E. BROCK. Clerk Ap0,,,,ed u to form and let, a! ~u~ciency: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA ~TATE 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 co~;y of: ORDINANCE NO. 98-97 Which was adopted by the Board of County Commissioners on the 24th day of November, 1998, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 25th day of November, 1998. DWIGHT E. BROCK Clerk of Courts and Cler~ Ex-officio to Board of County Commissioners Bys Maureen Kenyon Deputy Clerk ~ hll h~'~tofo~e ~ 11/13 17', .ml County Attorney A~N ORDLNANCE REPEALLN(;, IN ITS ENTIRETY, COLLIER COUNTY ORDINANCE NO. ~0-.~, THE MARCO ISLA.ND CO~LMUNITY CENTER MUNICIPAL SER%3CE TAXING AND BENEFIT UI~IT; PROVIDLNG FOR LNCLUSION IN CODE OF LAWS AND ORDLNA.NCES: PROVIDING FOR CONFLICT AND SE%'ERABILITY; AND PRO%IDING FOR AN' E~ ~ ECTIV'~ DATE.. · o.t.. 001-101520-0 "~'"~0~ '..~ ~ D.. /O'~'~d~ ~.,o-.d FFIX (including 17lm~ lllllllillllllJllllilllllliilllllllllllllllllilllillllllilllllli liillllllllllllliilillllllllllllillllllllllillillillllllllillll FROH~ LOCATION= FAZ NO: PHONE'NO: LISA STEELE Collier county CourthoUse (813) 774-8~08 , (813) 774-8406 Date ~ent: sent: October 8, 1998 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 33940 Re: Notice of Public Hearing to consider an ordinance repealing Ordinance 80-54 Dear Judi: Please advertise the above referenced notice one time on Friday, November 13, 1998, and send the Affidavit of Publication, in duplicate, together with charges involved to this office. Sincerely, Maureen Kenyon, Deputy Clerk Encl. Purchase Order No. 001-101520-649100 7L NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, ~ER 24¢ 1998r 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 REPEALING, IN iTS ENTIRETY, COLLIER COUNq~Y ORDINANCE NO. 80-54, THE MARCO ISLAND COM~K~NITY CENTER MUNICIPAL SERVICE TAXING AND BENEFIT UNIT; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR ~,~ EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to atten¢] and be heard. ~40'~E: Ail persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed, individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOA~RD OF COUNTY COMMISSIONERS COLLIER CO[R{TY, FLORIDA BARBARA B. BERRY, CHAIP3~3{ DWIGHT E, BROCK, CLERK By: lsl:4auree:i Kenyon, Deputy Clerk {SEAL) ORDINANCE NO. 98- AN ORDINANCE REPEALING, IN ITS ENTIRETY, COLLIER ORDINANCE NO. ~0-~4, Tile MARCO ISLAND CO~I~IUNI~ CEN~ER M~I~PAL SER~CE TAXING AND BENE~T ~T; PRO~DING FOR INFUSION IN CODE OF LAWS AND O~INAN~g PRO~ING FOR CON~I~ AND SE~RABIL~: AND PRO~DING FOR AN E~ DA~, WIIEREAS. Ihe B~rd of Coun~ Commissio~ zdopled ~dinance No. 80-5d, which ~ealed Marco I~land ('ommum~y ('enter Murat,pal Sc~scc Taxing and Bcncfil (lml; and WllEREAS. Ibc Board of ('oun~ ('ommssston~s desires 1o lo. male Ibc Ma~o Island Comm~i~ C~I~ Municipal ~'~cc Taxing and B~efil lind. NOW. ~I~REFORE, BE IT ORDA~ED BY ~IE BOARD OF C'Ot~' COMMISSIO~RS OF COLLIER COUP. FLORIDA SE~ON ONE: REPEAl. OF COLLIER COl IN~' ORDINANCE NO. ('olb~ ('ounly (~dmanc¢ No, gO-5~, ~s hereby r~aled m ~ls ~t~rety. ~: INCI.USION IN ~IE CODE OF LAWS A~ ORD~AN~ ~e ~ov~s~ons of Ih~ (~dmance shall ~comc and ~ made a pa~ of Ibc C~¢ of ~ws and ~dinances of Colli~ C~my. Florida. ~ ~cls~s of 1~ ~dma~e may ~ r~um~ed ~ re-I~l~ed Io accomplish s~h. a~ lhe word 'ordinance' may ~ c~nged to *~cl~'. 'amclc'. or any o1~ a~ro~ate word. ~: ('ON~.IC~ AND SEVERABILI~' In Ibc evenl lh~ ~dmance confl~cl~ w~lh any m~ (~dlna~e ~f Colh~ ('~n~ ~ nl~ a~hcable law. Ibc more re~lr~clwe ~hall a~ly. If any ph~ m ~m~ of ~ ~dinance ~s ~ld mvatid or unco~slmm(mal by any cou~ of core.lent jurl~lclion, such ~lon shall ~ deemed a ~mle, d~slincl and inde~denl prov~smn and such ~ldmg shall nol affccl Ihe valldi~ oflhe remaining ~i~. ~: IWFE(~IVE DA'I I~ ~l~s Ordinance ~hall ~ effecl~ve u~m fihng wilh ~hc Fh~nda [)cpa~mcnl of Stale. I~ASSEI) AND DUI.Y AIX)IrFI?I) by ~he Board of Coumy Commissioners of Colli~ Count. Florida. lhls day of 1998. A~'EST: BOARD OF COU~ COMMISSIO~RS DWIGIIT E. BRf~'K. ('lerk COLLIffR COUP. FI.ORIDA IIY:. BY: BARBARA B. BERRY, Chairman ORDINANCE NO. 9~- ~'~ 1 7 L AN ORDINANCE REPEAl.lNG, IN ITS ENTIRETY, COLLIER COUNTY ORDINANCE NO. ~}-S4, TIlE MARCO ISLAND COMMUNITY (:ENTER MUNICIPAl, SERVICE TAXING AND BENEFIT [INIT; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY: AND PROVIDING FOR AN EFFECTIVE DATE. WIIEREAS, thc Board of County Commissioners adopted Ordinance No. 80-54, which created the Marco Island ('ommumly ('enter Mumc~pal Service Taxing and Benefit Unit: and WI[ERI:AS. thc Board of ('oumy ('omm~ss~oncr,~ desires to terminate the Marco Island Community Center Mumclpal Se~.',cc l'axlng and I~c'~efit I Init. NOW. HII-~REFORE, BIg, rr ORI)AINEI) BY TIlE BOARD OF ('OUNTY COMMISSIONERS OF COI.I.IER ('OILNTY. FI.ORIDA that: ~: RI:PEAl. OF COLI,IER ('OU'NTY ORDINANCE NO. 80-54. ( 'oH:er ( 'ounly ( )rd~nance No ~O-54. ~s hereby repealed ~n tis entirety. ~'~ IN('I { ISI()N IN TIlE ('OI)l{ OF I.AWN AND ORDINANCE Ibc provisions ol Ibis Ordinance shall become and be made a part of the ('ode o£Law$ and Ordinances of ('olher ('ounly. Florida Ibc ',ectmn~ of the Ordinance may he renumbered or re-lettered to accomplish such. and Ihe word ~ordinance' may be changed Io 'section'. 'afl,cie'. or any other approvnate word. ~: ('¢)NFI.[¢'Y AN[) SEVERABII.[TV In the evenl th~s Ordinance conflicts ~.llh any other Ordinance of ('oilier County or other applicable law. thc more rcstrlctrvc ~halt appl) If any phrase or portion of the Ordinance is held invalid or unconstitutional by any courl of competent jun.~hctlon, such [x~rhon shell he deemed a ~parate. distinct and independent pl'ovlslon and such }raiding shall not afl,ct the validity of the remaining portion. ~: I~FFI~('TIVE I)ATE Ibis Ordinance shall he effective uixm fihng with the Honda Department of Stale. PASSEU AND DULY AIX)tr[ EI) by the Board of ('ounty Uommissloner$ of Collier County. Florida. th,s .~-/~ day ol __~-1~....~// .19')8, IIOARD OF (:OUNTY COMMISSIONERS ('OI.LIER COUNTY. FLORIDA AlffEST: DWIGIIT E. BR(X'K. Clerk Approved as to fi~rm and legal sufficiency: B~eidi F. Ash"on ' Assistant County Anomey 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. 98-98 Which was adopted by the Board of County Commissioners on the 24th day of November, 1998, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 25th day of November, 1998. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board of County Commissioners Deputy Clerk N A PI. t~.~. I)AI I,Y Publislx:d Naples. f"l 14 IlL~ Affidavit of Publication State o1' Florida County of Collier Before [IH: undcrslgrJc(l Ih~/scn'c as Iix: aulhoril), pc/~:~ally AN ORDLNANCE REPEALING. IN' ITS ENTIRETY, COLLIER COU,NTY ORDINA.%'CE NO. 90-104, 'l~lE TURNI~URY SUBDIVISION STREET LIGHTING MUNICIPAL SERVICE TAXING UNIT; PROVIDL~G FOR LNCLUSION IN CODE OF LAWS A.%'D ORDL",/A.'~C~S: PROVIDING FOR CONFLICT AND SEVERA.BILITY; AND PROVIDING FOR AN El' I' ECII~,'E DATE. !!!1111111111~!i!!i!!i!!!ii!!!111111111111111111111111111111111' NAPLES DAILY !11111111111111111111111111111!11111111111111111111111111111111 LISA STEELE LOC~IOI~z Collier Count~ CoUrthou'sa Y'AZ 2;0: (813) 774-8408 PI~OhTE'I~O: (813) 776-8606 October 8, 1998 MS. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 33940 Re: Notice of Public Hearing to consider an ordinance repealing Ordinance 90-104 Dear Judi: Please advertise the above referenced notice one time on Friday, November 13, 1998, and send the Affidavit of Publication, in duplicate, together with charges involved to this office. Sincerely, Ma~reen Kenyon, Deputy Clerk Encl. Purchase Order No. 001-101520-649100 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on .A~OAYf.NOVEMBER 24t 1998f 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 co~m~ence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE REPEALING, IN ITS ENTIRETY, COLLIER COUNTY ORDINANCE NO. 90-104, THE TURNBURY SUBDIVISION STREET LIGHTING MUNICIPAL SERVICE TAXING UNIT; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register ~ 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. 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 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/Maureen Kenyon, Deputy Clerk (SEAL) ORDINANCE NO, AN O~I~CE ~PEALI~, IN ITS g~l~, CO~IER PRO~D~G FOR i~USIO~ IN CODE O~IN~; PRO~DING FOR CON~I~ ~D SEVE~BIL~; AND PRO~DING FOR ~ E~-i~l~ DA~ WIIERE~, ~ ~d of C~nty C~mi~i~ adopt~ ~din~c No. ~I~, which T~ Su~ivisi~ S~ Li~ting M~ici~l ~ce T~ing Unit; WIIE~, ~ ~d or C~ty Commi~i~ d~ims to t~i~te t~ T~ Su~i~si~ Li~ting M~ici~l ~ T~ing UniL NOW. ~IE~FO~, BE ~ O~AINED BY ~IE BO~ OF CO~ COMMISSIO~ OF COLLIER CO~. ~ORIDA ~t: ~: REPEAL OF COLLIER CO~ O~[NANCE NO. Colli~ C~nly ~di~e No. ~-I~. is ~ r~l~ in i~ ~li~. ~: INFUSION IN ~IE CODE OF LAWS AND O~INANCE of Colh~ C~ty. Fl~i~. ~ ~tions of I~ ~di~e ~y ~ r~um~ed ~ ~-I~ ~ ~c~plish ~: CO~LI~ AND S~E~BIL~ In t~ event this ~di~nce c~flic~ ~th any ot~ ~di~ncc of Colli~ Co~ ~ o~ a~licablc law. t~ ~e r~ctive s~ll a~ly. If ~y ~ ~ststut~al ~ ~y c~ of c~t j~icti~, ~h ~ion i~nt ~ovtsion ~ s~h ~ldmg s~ll ~ aff~t ~ validity of~ ~ining ~i~. ~: E~EC~VE DA~ ~is ~di~e ~11 ~ off, live ~ filing wi~ ~ FI~ ~t of S~. P~SED AND DULY A~ED ~ ~ ~d of~ty Commi~i~ of Coll~ ~ty, ~, · is ~y of ,1~8. A~: BO~ OF CO~ COMMISSIO~ DWIGHT E. BR~K. Clerk COLLI~ COUP, FLO~DA BY:. BARBARA B. BERRY. C~mirman Approved as ~o fm'm and legal suflicie~acy: ~t ~ A~ ATTEST: DWIGIIT E. BROCK. Clerk Assistant County Attorney ORDINANCE NO. 9~- AN ORDINANCE REPEALING, IN ITS ENTIRETY, COLLIER COUNTY ORDINANCE NO. 90-104, THE TURNBURY SUBDMSION STREET LIGIlTING MUNICIPAL SERVICE TAXING UNFF; PROVIDING FOR INCLUSION IN CODE OP LAWS AND ORDINANCF~S; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECI iVE DATE~ WIIEREAS. the Board of County Commissioners adopted Ordinance No. 90-104, which erected the Tm'friary Subdwislon Street Lighting Municipal Service Taxing Unit: and WItEREAS. the Board of Cormty Comm~ss~or~ desires to terminate the Tumbmy Subdivision Street Lighting Municipal So'vice Taxing Umt. NOW. TItEREFORE. BE IT ORDAINED BY TIlE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE~ REPEAl. OF COLLIER COlYNTY ORDINANCE NO. 90-104. Collier Coonty Ordinance No. 90-104. is hereby repealed in its entirety. ~: INCLUSION IN TIlE CODE OF LAWS AND ORDINANCE The provmons of this Ordinance shall become and he made a part of the Code of Laws and Ordinances of Colher County. Florida. The sections of the Ordinance may he rcnumbered or re-lettered to accomplish such. and the word 'cyfdlnancc' may be changed to 'section". 'article'. o~ any other appropriate word. ~: CONFLICT ANt) SEVERABII.ITY In the cvcm this Ordinance conflicts wRh any other Ordinance of'Collier County or other applicable law. the more resmct~ve shall apply. If any phrase or portion of the Ordinance is held invalid or unconst~tutio~a! by any court of competent jurisdiction, such portion shall be deemed · topatate, distinc~ and independent provmon and such holding shall not ·ffect the validity of the remaining portion. ';~TA~LF_O.I.~: EFFECTIVE DATE This Ordinance shall be effective upon filing ~th the Horida Department of Stste. PASSEl) AND DULY ADOPTED by the Board of County Commil$ioner~ of Collier County, Florida, this t:~ ~ff"~ day of ~1995. / BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA COUNTY OF COLLIER) I, WIGHT E. BROCK. Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true co~y of: ORDINANCE NO. 98-99 Which was adopted by the Board of County Co~issionere on the 24th day of Noven~r, 1998, during Regular Session. WITNESS my hand and the official seal of the Board of County C~issioners of Collier County, Florida, this 25th day of November, 1998. D~IGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board~ 1~: Maureen Kenyon ·. .. ... · Deputy Clerk ICicLes N~t*~, FL 3~1(~ R~FEIffNC~: 001~0 CI011015206491 5T?'7'B092 aE~..~L BO--~O NOTICE lettM' ~t the po~t rfftce tn Nipte~, tn ~td Cottle~ Cd~ty, Fto~td~, fo~ · period c~ 1 ),etf ~-~1 of w~n~ thtl edYe~tt~eint I~1.~0 ~il: 11/13 O~ig~n&~J. ng D~pC./Di~. County Attomey ,.r~, (oW clearly) A~ ORDINANCE REPEALI3'G. IN ITS ENTIRETY, COLLIER COUNTY ORDINANCE NO. 80.-20, THE ~ NAPLE. S FIRE HYDRANT MU,~ICIPAL SERVICE TAXING DISTRICT; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONTLICT S£V~RABILITY: AND PROVIDING FOR A.N Et ~"Eci I~'E DATE. co,t,. 001-101520'0 !111111111111.,i!11111111111111111111111111111111111111111111111 NAPLES DALLY Ii!!1111111111111111111111111111111.111111111111111111111111111. LISA STEELE .-. I · oc~x~o~= coOl,er counC-~ cou~c,'3ou'se ]rA~ NO: (8]..3) 77~-84,08 , xwo~ '~0= (8x3) 776-8&06 October 8, 1998 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 33940 Re: Notice of Public Hearing to consider an ordinance repealing Ordinance 80-20 Dear Judi: Please advertise the above referenced notice one time on Friday, November 13, 1998, and send the Affidavit of Publication, in duplicate, together with charges involved to this office. Sincerely, ~aureen Kenyon, Deputy Clerk Purchase Order No. 001-101520-649100 NOTICE OF INTE1%~ TO CONSIDER ORDINANCE Notice }s_hereby given that on 'i~SDAY, NOVI~iBER 24, 1998t in the Boardroom, ~rd Floor, Ad~inistration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Cou~uissioners 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 REPEALING, IN ITS ENTIRETY, COLLIER COUNTY ORDINANCE NO. 80-20, THE EAST NAPLES FIRE HYDRANT MUNICIPAL SERVICE TAXING DISTRICT; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVEEABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. ~(YI~: All persons wishing to speak on any agenda item must register ~ the County administrator r~ 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 hearim~. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BARBARA B. BERRY, CHAIRMAN ~GHT E. BROCK, CLERK By: /s/Maureen Kenyon, Deputy Clerk AN ORDINANCZ RE~G. CO~ ORD~ ~O. ~20~ FOR IN~U~ON IN CODE OF ~WS ~ O~; ~O~G ~R ~i~ PRO~DING FOR AN E~CI 1~ DA~ WI IEREAS. I~ ~ard of C~nty Commissi~ N~I~ F~rc Ily~m M~ici~l ~icc Taxing ~ct: and ~q[EREAS. 1~ ~d o~ C~y C~missi~ M~ic~l ~ce Taxing ~. NOW. ~IEREFO~. BE ~ ORDA~D BY ~E BOARD OF CO~ COM~SSIO~S OF COLLIER CO~. ~ORIDA SE~ON ONE: REPEAL OF COLLIER CO~ ORD~AN~ NO. ~20. Colli~ C~n~ Odl~me No. 80-20. is ~eby ~E~ON ~O: INFUSION ~ ~ JE CODE OF ~WS A~ O~AN~ ~ ~v~si~s of ~his ~di~e s~ll kc~e aM ~ ~de a ~ oftk C~e ofh~ and ~i~nc~ ~: CO~.I~ A~ SE~BIL~ law. t~ ~ ~clivc ~11 ~]y. If ~y ~ ~ti~l ~ ~y c~ of~t j~i~i~. ~h ~: E~ DA~ ~is ~i~ s~ll ~ eff~live ~ filing ~ PASSED AND DULY A~D ~ t~ ~ ofC~ C~mi~ of ~lli~ · is day of . A~T: ~ OF CO~ COM~SSIO~ D~GI~ E. BR~. CI~ COLL~ CO~. ~O~A BY: Ap~'oved u to form and legal ~ufficiency: BY: BARBARA B. BERRY. Chairman O~INANCZ SO. ~-,/~' ~ AN ORDINANC~ R~PEALINO, IN ~ E~ COLOR COU~ ORDINAN~ NO. ~20. II~ M~CIP~ SgR~ T~NG DI~; ~O~DING FOR INC%USION IN CODE OF ~WS AND O~; PRO~DING FOR CON~ ~D S~B~: A~ PROVIDING FOR AN E~L-[I~ DA~. WIIER~S. t~ B~rd of Cowry Commlssi~ ~ted ~di~e No. 80-20. w~ch ~t~ N~I~ Fire lly~nt Munici~l ~ice Faxing Dis~ct: and WIIEREAS. I~ I~rd of C'~n~ C'~missi~ ~sires to ~i~te t~ ~ N~I~ F~ It~t Mmici~l ~ice Taxing D~smct. NOW. ~IIEREFORE. BE IT ORDAINED BY ~IE BOA~ OF CO~ COMMISSION~ OF COLLIER CO~. FLORIDA SE~ON ONE: REPEAL OF COLLIER CO~ O~AN~ NO. ~-20. Colli~ County (~dmance No. g0.20, is ~e~ r~ in ~ ~tir~. ~: INC'LUSION IN ~IE CODE OF ~WS A~ O~ANCE of Cofii~ C~nty. Fiji&. ~ ~ti~ of t~ ~d~e ~y ~ rmum~ed ~ re-l~ ~ ac~lish s~h. and tM word *~diM~e' my ~ c~ng~ lo '~i~'. 'amcle'. SE~ON ~IRFF' CONFLI~ AND SEVE~BIL~ In t~ cyst lh~s (hdl~me c~flict~ with any o~ ~&mnce of Colli~ C~W ~ ~h~ a~licable law. t~ more r~tncnse s~lI a~ly If any p~ ~ u~smuti~l by any c~ of ~t j~lcliR gh ~i~ s~ll M de,ed a ~. di~ ~d i~t ~m~ ~M s~h ~ldinI s~ll ~ aff~t ~ ~1~i~ of~ ~ing ~: EF~VE DA~ '[~i1 (~di~e s~ll ~ eff~tive u~ filing with ~ PASSED AND DULY A~D ~ t~ ~d of C~ty C~mi~i~ of Colli~ C~W. · is ~ ~y of~. l~S. BO~ OF C~ ~ISSIO~ COLLIER CO~. ~O~DA A'F'FEST: DWIGIIT E. BROCK. Clerk ~ stilsgture onli. - Approved ~s Io form ~nd legal ~U[~ci~flCy: STATE OF FLORIDA) COUNTY OF COLLIER) X, D~XG~T 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. 98-100 Nhfch was adopted by the Board of County Comndssioners on the 24th day November, 1998, during Regular Session. WIT~ESS my hand and the official seal of the Board of County Conm/ssioner$ of Collier County, Florida, this 25th day of Norther, 1998. Clerk of courts and Clerk Exoo£ftcio to Board of Deputy Clerk ~q~Les, fL Afftdevlt of P~)Llc~tton fIJIl~Jl~ ~11: 11/1~ County Attorney AN ORDL'~ANCE REPEAl.lNG. IN ITS ENTIRETY, COLLIER COUNTY ORDINANCE NO. 76-S$, AS AMENDED. TIlE ~,T. STIoAKE MUNICIPAL SERVICES TAXING UNIT; PROVIDING FOR INCLUSION IN CODE OF LAVPS AND ORDINANCES; PRO~,'IDING FOR CONH. ICT AND SEV'E. RABILrrY; AND PROVIDLNG FOR AN El- t LCTI;I~ DATE. for file. # oF PA=ES 1111111111111.11111111111111111111111111111111111111111111111111 WAFLES DAILY Ii!!!!!i111111111111111111111!!i1111111111111111111111111111111 LISA STEELE LOCATION: ~,x..x ~o: Collier Count7 Courthouse 77/o-8408 774 Time sQn~:: October 8, 1998 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 33940 Re: Notice of Public Hearing to consider an ordinance repealing Ordinance 76-58 Dear Judi: Please advertise the above referenced notice one time on Friday, November 13, 1998, and send the Affidavit of Publication, in duplicate, together with charges involved to this office. Sincerely, Maureen Kenyon, Deputy Clerk Encl . Purchase Order No. 001-101520-649100 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUE~A_ .Y, NOVEMBER 24~ 1998~ 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 REPEALING, IN ITS ENTIRETY, COLLIER COUNTY ORDINANCE NO. 76-58, AS AMENDED; THE WESTLAKE MUNICIPAL SERVICES TAXING UNIT; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT ~ SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator ~rior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BARBARA B. BERRY, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Maureen Kenyon, Deputy Clerk (SEAL) this Al It,ST: DWIGIIT E. BROCK. Clerk ORDINANCE NO. 98- AN ORDINANCE REPEALING, IN ITS ENTIRETY, COLLIER COUNTY ORDINANCE NO. 76-58~ AS AMENDED, TII~ WF_~TLAK~ MUNICIPAL SERVICES TAXING UNIT; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN El' I' KCTIVE DATE. WIIEREAS. Ihe Board of County Commissioners adopted Ordinance No. 76-$8, as amended by Ordinance No. 87-39. which created the Westlake Municipal Services Taxing Unit; and WHEREAS, the Board of County Commissioners desires to terminate the Westlake Municipal Services Taxing Unit. NOW. TIIEREFORE, BE IT ORDAINED BY TIlE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA that: ;~: REPEAL OF COLLIER COUNTY ORDINANCE NO. 76-58, AS AMENDED. Collier County Ordinance No. 76-58, as amended, is hereby repealed in its entirety. ,~?,~L.~fiLQ: INCLUSION IN TIlE CODE OF LAWS AND ORDINANCE ']'he provisions of this Ordinance shall become and be made a part of the Code of Laws nnd Ordinances of Collier County, Florida. The sections of the Ordinance may be renombered or re-letle~M to ~w..c~,iplish such, and the word 'ordinance" may be changed to "section', 'article", or any other appropriate word. ~: CONFLICT AND SEVERABILITY In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more rcsmctive shall apply. If any phrase or potion of the ordinance is held invalid or unconstitutiunal by any court of competent jurisdiction, ~uch portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the 'validity of the remaining portion. SECTION FO1 lP~: EFFECTIVE DATE. This Ordinance shall be effective upon filing with thc Florida Department of State. PASSED AND DULY ADOIq'ED by the Board of County Commissioners of Collier County, F]orida, __day of .1998. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: Approved aa to form and legal sufficiency: Assistant County Atlorney BARBARA B. BERRY, Chairman ORDINANCE NO. 98- ft9/ AN ORDINANCE REPEALING, IN ITS ENTIRETY, COLLIER COUNTY ORDINANCE NO. 76-58, AS AMENDED, THE MUNICIPAL SERVICES TAXING UNIT: PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERAB[LITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS. thc Board of County Commissiono~ adopted Ordinance No. 76-58, as amended by Ordinance No. 87-39. which created the Westlake Municipal Services Taxing Unit; and WIIEREAS. the I~ard of County Commissioners desires to terminate the Westlake Municipal Services Taxing Unit. NOW..DIEREFORE, BE iT ORDAINED BY 'DIE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. EI,ORIDA that: ~: REPEAL OF COLLIER COUNTY ORDINANCE NO. 76-58, AS AMENDED. Collier County Ordinance No. 76-58. as amended, is hereby repealed in its entirety. i.~...(~IQIS-.I3~3~: INCI. USION IN 'DIE CODE OF LAWS AND ORDINANCE The provisions of this Ordinance shall become and be made a pan of the Code of Laws and Ordinances of Colher County. Florida. The sectzons of the Ordinance may he renumhered or re-lettered to accomplish such, and the word "ordinance" may be changed to 'section'. 'article', or any other avp, ul.n ;ate word. ~: CONFLICT AND SEVER.ABILITY In the event this Ordinance conflicts with any other Ordinance of Collier County or othe~ applicable law, the more restrictive shall apply If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the vahthty of the remaining portion. ~: F, FFEC.D VE DATE this 'Fhrs Ordinance shall he effective upon fihng with Ihe Florida Dopatlment of State. PASSED AND I)ULY AIX)I~'ED b ty//~ Boar~/County Commissioners of Collier County, Florida, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA itu 170"' STATE OF FLORIDA) COUN~"f 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. 98-101 Which was adopted by the Board of County Con~nissioners on the 24th day of November, 1998, during Regular Session. WITNESS my hand and the official seal of the Board of County Commiesioners of Collier County, Florida, this 25th day of November, 1998. DWIGHT E. BROCK Clark of Courts and 'Clerk Ex-officio to Board of ', County Covenissioner~s Deputy Clerk ~ M ~ CGI~SS]C~4~I~S ATTII: # ~,~T'TA BOX &1~016 IL4J~S FL ~A101-~16 !~FEIUENCE: O01Z~O CoLLIff Cmmty~ FILM'1 h/~Nmpm* hie heretofore I~I)LtMIMJ tn kltd CoLLier Century, ftoftde, Hch M ~ hi4 been inte~ed M IEc~nd ctMI Iltt ~ it UIE IX)it office tn Neptel, tn Mid CoLLt~ Cm~7, Fto~t'k, fo~ ·pertod ~f I yeer 11/13 F[LE~ CII: ~v~e E ~oz Please place the foll~t~q os e, County Atiorney ,..~,, =.ce, AN ORDINANCE REPEALING. IN ITS ENTIRETY, COLLIER COl ,'NTY ORDINANCE NO. 76-64. AS A.%IENDED, TH£ PORT-AU-PRLNCE Wfl~NICIPAL SERVICES TAXLNG DISTRICT; PROVIDING FOR INCLUSION IN CODE OF LAWS A.ND ORDINA.N.CES; PROVIDING FOR CONFLICT SEV'ERABI~rTY; A~ND PROVIDING FOR AN' Elrlr~. i IV~ DATE. FF:I ]!!!!11111111~!111111111111111111111111111111111111111111111111 T.&)(=~t~"~ J WAPLES DAILY iillllillillllllllillilllllll!!!!!lllillllllllllllllllilllllll LISA STEELE Z,O~ON: Collier Com'Jt-T coU~.~ouse FAX NO: (83.3) 77&-8~08 ~ (83.3) 776-8606 Date sent: T~me sent: October 8, 1998 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 33940 Re: Notice of Public Hearing to consider an ordinance repealing Ordinance 76-64 Dear Judi: Please advertise the above referenced notice one time on Friday, November 13, 1998, and send the Affidavit of Publicat~on, in duplicate, together with charges involved to this office. Sincerely, Haureen Kenyon, Deputy Clerk Purchase Order No. 001-101520-649100 17Pmm NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on T~E,gDAY, NOVEMBER 24t 1998, 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 REPEALING, IN ITS ENTIRETY, COLLIER COUNTY ORDINANCE NO. 76-64, AS AMENDED; THE PORT-AU-PRINCE MUNICIPAL SERVICES TAXING DISTRICT; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; PROVID FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register ~ 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 o~ an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted l0 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMHISSIONERS COLLIER COUNT"f, FLORIDA BARBARA B. BERRY, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Maureen Kenyon, Deputy Clerk ISEAL) oRDINAN ,,o.,,- I ?P" AN ORDINANCE REPEALING, IN ITS E*INIIiflL~T~, COLLIER COUNTY ORDINANCE NO. 76-64, AS AMENDED, ~i-!11~ PORT*AU- PRINCE MUNICH~AL SERVICES TAXING DI~-IRICT; PROVIDING FOR INCLUSION IN CODE OV LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN E~ ~1~-i l v'E DATE. WIIEREAS, the Board of County Commissioners adopted Ordinance No. 7(~4, as amended by Ord~.ance No. 77-20, which created the Port-Au-Prince MunJcpal Servicel Taxing Di~ri,~t; and V~IEREAS, the Board of County Commissioners de~ires to terminate the Por~-Au-Pfince Municipal Service~ Taxing Digrict. NOW, TtIEREFORE, BE FT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA that: ~: REPEAL OF COLLIER COUNTY ORDINANCE NO. 76-64, AS AMENDED. Collier County Ordioance No. 76-64, as amended, is hereby repealed in its entire~y. ~..~I. QI~[3~Q: INCLUSION IN T~ rE CODE OF LAWS AND ORDINANCE The provisions of this Ordinance shall become and he made a part of the Code of Law~ and Ordinance~ of Collier County, Florida. The u:ctiuns of the Ordinance may he renumhered or re-lettered to accomplish · uch. and the word "ordinance' may be changed to "sectiun''. "article", or any other ,,~v~ ~,~ ;ate word. ~: CONFLICT AND SEVERABILITY In the event this Ordinance ¢onflict~ with any other Ordinance of Collier County or other applicable law, the more remactive shall apply. If any phrase or portion of the Ordinance is held invalid or uncongitmiunal by any court of comp~ent jurisdictiun, vach portion shall he deemed a ccp~rate, distinct and independent provmun and tach holding shall not affect the validity of the remaining portion+ ,~c~hL~_Ol, fi~ 1:1.1. v. CTIVE DATE This Ordinance shall be effective upon filing with the Florida Department of State. PASSED ANT~ DULY ADOPTED by the Bo~d of County Commissioncr~ of Collier County, Florida, this dayof ,1998. A 1 1 'E~/': BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: A~,, .,red as m form and legal ~ufficiency: Am~ant County At~orncy BY: BARBARA B. BERRY, Chairman AN ORDINANCE REPEALING, IN ITS ENTIRETY, COLLIER COUNTY ORDINANCE NO. 76-64, AS AMENDED, THE PORT-AU. PRINCE MUNICIPAL SERVICES TAXING Dib-iKICT; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN El. YE~-I 1VE DATE. WHEREAS. the Board of County Commissioners adopted Ordinance No. 76-64. as amended by Ordinance No. 77-20, which created the Po~-Au-Prince Municpal Services Taxing District; md WHE. REAS. the Board of County Commissiune~ desires to ~rminste the Port-Au-Prince Municipal Services Taxing Dislrict. NOW. THEREFORE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA that: ~: REPEAL OF COLLIER COUNTY ORDINANCE NO. 76-64. AS AMENDED. Collier County Ordinance No. 75-64. as amended, is hereby repc~led in its entircty. SECTION ~O: INCLUSION IN THE CODE OF LAWS AND ORDINANCE The provisions of this Ordinance shall hecome and be made a pa~ of the Code of Laws and Ordinances of Collier County, Florida. The sections of thc Ordinance n'~y he rcnun~hercd or re-let.-red to nccomplish such, n~t thc word 'ordinance" m~, be cha~ged to -sec~un-, 'article", or any other a~,,ov, ;ate word. ~: CONFLICT AND SEVERABILITY In thc cvcn! this Ordinencg conflicts with any other Ordinance of Collier County or other applicable law, the more rcsmctive shall apply. If any phrase or portiun of the O~ii-~-,ce is held invalid or unconstitutional by any cram of compctcm jm'tsdicfiun, such portion shall he deemed a separate, distinct and indcpcndent provisson and such holding shall not affect the validity of the remaining po~un. SF.C'I~ON FOUR: EFFECTIVE. DATE. This Ordinance shall he ¢ffecfi,,,c upon filing with the Florid~ Dcpanmcnt of State. PASSED AND DULY ADOPTED by the Bnard of Cmmty Commissioc~'s of Collier County, Florida. this ~ ~ day of~~_~ 1998. ATTEST: BOARD OF COUWI'Y COMMISSIONEP~ DWIGtFI' E. BROCK, Clcrk COLLIER COUNTY, FLORIDA HcHdi F: Ash}on - ~ Asmstunt County Anoracy 17P" 17P , 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. 98-102 Which was adopted by the Board of County Commissioners on the 24th day of November, 1998, during Regular Session. WITNESS my hand and the official seal of the Board of County Co.--issioners of Collier County, Florida, this 25th day of November, 1998. IYWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board of ~.'~Maureen Kenyon5 Deputy Clerk BOd~ OI~ COUNTY CC~ZSSZOIIELS ATrlI: RZATTA SflILF.~ FO lOX 411016 001101~Z06491 90-110 NOTZCE ~ ~ CoLLSe~ Affiant I~ ~ thor the said Na~L~ DelL), lim4 ia · ~ ~tl~ ~ ~t~, in ~$d ~~~ ~ty 11/13 County Attorney blF.i, nf boforo, fXXI iCC [ ! Bt& [ ! Other b. for..ubsittLof to toasty liaa~er. It~Tt, ~ I. ~, hit~.itL~f RJ.Y~ttt~L/Jid to approx, ud mlbttt orLftnaX to Clerk's OffLo.. lllllllllllllJIllillllilliiililillllllllllilllilliiilillilillli liilllllilliilllllllllililllll!illllilllliiilllllilllllllilllll, LISA ST~EL~ LOCk. ON: Co3.~.ie~: counL~ cou~.ouse (813) 776 -,cJZ,06 October 8, 1998 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 33940 Re: Notice of Public Hearing to consider an ordinance re~ealing Ordinance 90-110 Dear Judi: Please advertise the above referenced notice one time on Friday, November 13, 1998, and send the Affidavit of Publication, in duplicate, together with charges involved to this office. Sincerely, Maureen Kenyon, Deputy Clerk Purchase Order No. 001-101520-649100 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on T~]ESDAYr NOVE~IBER 24r 1998~ in the Boardroom, 3rd Floor, Administratiom 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 REPEALING, IN ITS ENTIRETY, COLLIER COUNTY ORDINANCE NO. 90-110, ABOLISHING THE VANDERBILT BEACH AREA STREET LIGHTING MUNICIPAL SERVICE TAXING UNIT; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. ~OTE: All persons wishing to speak on any agenda item must register w-~ the County administrator ~ 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 reco~ulized by the ChairTm~n, a s~okesperson for a group or organization may be allotted 10 m~nutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a mini~%1~ of 3 weeks prior to the respective public hearing. In any case, writte~ materials intended to be considered by the Board shall be su]~mitted to the appropriate County staff a minimum of seven days prior to the ~ublic 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 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/Maureen Kenyon, Deputy Clerk (SEAL) ORDINANCE NO. 98.- AN ORDINANCE. REPEALING, fN ITS ENTIRETY, COLLIER COUNTY ORDINANCE NO. VANDERBfLT BEACI! AI?,~A STR~Ki- LIGIITING MUN1CII'AL SERVICE TAXING UNIT; PROVIDING FOR INCLUSION 1N CODE OF LAWS A~D ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY'. AND PROVIDING FOR ~ EFFE~.-I lYE DATE. V~IEREAS, the Board of County Commissioners adopted Ordinance No. DO-II0, which crcated the Vande~o~h Bench Area St~cct Lighting Municipal Ser~c¢ Taxing Unit; and WHEREAS, the FJe~rd of County Commissioners desires to abolish the Vandetbl'lt Beach Area Street Lijhting Municipal Service Taxing Unit. NOW, TtIEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLOP. IDA that: SECTION ON'F,,: REFEAL OF COLLIER COUNTY ORDINANCE NO. ~0-110. Collier County O~dinance No. 90-1 I0 ia hereby ~led in ~ ~: INCLUSION IN THE CODE OF LAWS AND ORDINANCE The provisi~s of this Ordinance shall become sad be made · part oftbe Code of Lav~ and Ordinances of Colli~ Coo~ty. Florida. The ~-c~io~s of the Ordinance may he renumb~red or re-lettered to acco,,,plish such. and the word 'ordinance' may be cha~ged to "sectie~' 'article.' or any ,~..C~[O]~DJEEE: CONFLICT AND SEWERABILITY In the ere'n! this Ordinance conflicts v,,ith nay ~ Ordinance of Collier Courtly o~ ofbo~' applicable law, the more restrictive shall spply, ff any pla'tse or portion of unconstitutional by any ce~'t of c~,,~-m ju~li~io~ .~ch p~io~ shall be deemed · separate, distinct and indepem:l~nt ProWsion and such holding shah not affect the validity of the r~'naining ',~.J~IO~LF_O[,~: EFFECTIVE DATE This Ordinance shall be effective upon filing ~ Ibe Florida Del~'lment of Sta~ PASSED AND DULY ADOPTED by the Boa~ of Cotmty Co,.missiot'/~-s of Collier County, Flo~da. ~his day' of , !998. A I I P~ST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CIcTk COLLIER COUNTY, FLORIDA BY: Approved as to form and legal su~ciency: Heidi F. Ashton A~istan! Cmmty Attorney BARD.~,.A B. BERRY, Chairm~n AN ORDINANCE. REPEALING, IN ITS E,VflRETY, COLLIER COUNTY ORDINANCE NO. 90-110, ABOLISHING THE VANDERBII.T BEACII AREA STREET LIGHTING MUINICIPAL SERVICE TAXING UNIT; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN El. Iq~CTIVE DATE. WIIEREAS. t~e Board of County Commissionen adopted Ordinance No. 90-110, which c~eated the V~II ~h Ar~ S~ Li~ting Mmici~l ~ce T~ing Unit; ~I~E~. t~ M ofC~ C~i~ Ling Mmici~l ~ce T~ing U~. NOW, ~IEREFO~+ BE COLLIER CO~. ~ORIDA ~: REPEAL OF COLLIER CO~ 0~ NO. ~110. Colli~ C~W ~di~e No. ~-110 i$ ~ ~1~ in i~ ~. ~: ~CLUSION ~ ~ovisi~s of this ~di~ ~II of Colli~ C~nty, H~. ~ ~i~ of t~ ~di~e ~y ~ mum~d ~ ~-I~ ~ ~lbh s~h. and t~ w~d '~di~nce' ~y ~: CONFLI~ A~ S~RIL~ In t~ ~t this ~dimnce c~fl~ law, t~ ~e r~tnctive =~11 a~ly. If l~t ~vm~ a~ ~h ~ldin8 s~{I ~t aff~ t~ ~lidi~ oft~ ~MMg ~. ~: EFFEC~VE DATE ~is ~d~ce s~ll ~ eff~tve u~ filing ~ ~ H~ ~t of Sm~. PASSED AND DULY A~ED AITF. ST: DWIGIIT E. BROCK. Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 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 ia a true copy of: ORDINANCE NO. 98-103 Which was adopted by the Board of County Commissioners on the 24th day of Nove~ber, 1998, during Regular Session. WITNESS my hand and the official seal of the Board of County Comaissioners of Collier County, Florida, th£s 25th day of November, 1998. D~IGHTE. BROCK Clerk of Courts and Clerk Ex-officio to Board Of ~: ~aureen Keny6n Deputy Clerk Affldevit of I~bLtcetton Deity Nays Iq~IL3IHEO ~: 11/1~ fleaae place ~be £ol~mrAn~ al a, CountyA~omey p.,.o=. A,'q Ot~OL'~A,'qCE REPF, AL.L~G, I~ FrS F.'* 1 uf.L'rY, car _r Jl~q CO1~'1%"%'Y OI~DEqA~C~ NO. 71-8, CempaaAoa petttA~(s), tf &my, & prepeaod bearAuf hto, ]~)]r~ co.t.. 001-101520~ [llllililllillJlilililiilliilllllllliliilllllililiilll/l~ll~ll~lli ~"~'v-'Olfz RAPLES DAILY NEVS !i!!i!!11111111111111111111111111111!11111111111111111111111111 77.-8408 : 776-8606 Oc=ober 8, 1998 Ms. Judi=h Flanagan Nagles Daily News 1075 Central Avenue Naples, Florida 33940 Re: Notice of Public Hearing to consider an ordinance repealing Ordinance 71-8 Dear Judi: Please advertise the above referenced no=ice one time on Friday, November 13, 1998, and send the Affidavit of Publica~ion, in duplica=e, =oge~her wi=h charges involved =o this office. Sincerely, Maureen Kenyon, Deputy Clerk Purchase Order No. 001-101520-649100 NOTICE OF INTENT TO CONSIDER ORDINANCF. Notice }s _hereby given that on T~ESDAY, NO%g~BE~ 24, 1998. in the Boardroom, ~rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Comissioners 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 REPEALING, IN ITS ENTIRETY, COLLIER COUNTY ORDINANCE NO. 71-8, THE WATER MANAGEMENT DISTRICT 6; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVER;uBILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register ~ 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 l0 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must sub, it said material a minimtn~ of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNT"~ COM)~ISSIONERS COLLIER COUNT"f, FLORIDA BARBARA B. BERRY, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Maureen Kenyon, Deputy Clerk (SEAL) ORDINANCE NO. 9~. AN ORDINANCg RgPKALING, IN ITS ENTIRETY, COLLI]gR COUNTY ORDINANCE NO. 71-~, '~tll~ WA~ MANAGEMENT DISTRICT 6; PROVIDING FOR INCLUSION+ IN CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN Er ~'I~CI1VE DATE. WttEREAS, the Board of County Commissioners adopted Ordinance No. 71-8, which created the Water Management I~s~c~ 6; and this DWIGHT E, BROCK, Clerk W11EREAS. the Board of County Commissie~,~s de~ire~ to terminate the Water Maria.'merit Diswlct NOW. THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: ,~=~.~L.O]~: REPEAL OF COLLIER COUNTY ORDINANCE NO. 71-8. C~llier County O~dinance No. 71-8, is he~ repealed in its entirety. ~. INCLUSION IN 'ITIE CODE OF LAWS AND ORDINANCE The provisions of this Ordinance shall become sad be made a part ofthe Code of Lnvn and O~dh~ances of Collier County, Florida. The s~'tions of the Ordinance may he re. umbered or re-lette~d to accomplish such, and the word 'ordinance' may he changed te '=,"efi.'.~.m ', 'article"0 or any oth~ alo,, ~;ate word. ,~EI~ITD.]~Lll/EF~: CONFLICT AND SEVI~U~BILITY In the evont this Ordinance co~flicte with s~' ~ Ordlr, ar, ce of Collier Com~fy or ~ appli~abin law, the rno~ restrictive shall apply. If any phra~ m' portion of ~ho Otdinnnee tmcomtimtional by any ~ of compe~nt ju~di,.-~ofl, s~:h por~m~ shah be deemed · separate, d'minct and indopendem provision and such holding ~hall not affcct the validity of the remaining ,~-3;~).1~-~.I,~: EFFEL-i I~E DATE This Ordinance shall he effe~ive upon fiffng with the Florida Doparlment of Sta~. PASSED AND DULY ADOPTED by the Board of County C~,,imisslo~n-s of Collior County, Florida. day of ,1998. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: BARBARA B. B ~.Y. Chainrma AN ORDINANCE REPEALING, IN ITS ENTIR~-=rY, COLLIER COUNTY ORDINANC~ NO. 71-8, ~['IiE WATER MANAG~qHENT DISTRICT 6; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCV. X; PROVIDING FOR CONIrLICT AND SKVERABILITY; AND PROVIDING FOR AN E~'~'KC-I lv~ DAT~. WHEREAS. the Board of County Commi~om-~ adopted Ordinance No. 71-8. which created the Water Management District 6; and WIIEREAS. the Board of County Commissioners desires to terminate the Water Management District NOW, TIIEREFORE, BE IT ORDAINED BY TIlE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA thai: ~: REPEAL OF COLLIER COUNTY ORDINANCI.~ NO. 71 Collier Chanty Ordinance No. 71-8. is I,~,~b~ repealed in its entirety. ~ INCLUSION [N TIlE CODE OF LAWS AND ORDINANCE The prov~sm~, of this Ordinance d~all become ami be made a pan of the Code of l.~v~ taxi Ordinances of Colher County. FIo~da. The ~ections of Ihe Ordinance may he renumhe~d or re-lettered to anco,,elish tach. and the wind "m'dinance" may he changed to '~ction*, 'arlicle", or any other ~,~ ~ ;ate word. ,~7..Cl]OJ~l_~d[ikF~: CONFLICT AND SEVERABILITY In the event this Ordinance conflicts with any other Ordinance of Colller County or other applicable law. the mom restrictive shall apply. If any phrase or po'lion of the Ordinance is held invalid or unconstitutional by any court of ~t jurisdiction, ~h portion shall he deemed a ~.'parate, di~nct and independent provision and tach holding shall not affect lhe validity of the remaining portion. ,~2CllO. bLF. I~.L/R: EFFEc-I JVE DATE this ATT'EST: DWIGIIT E. BROCK. Clerk BY This Ordinance shall be cffeclivc upon filing with the Florida IX-'p~u'tment of State. PASSED AND DULY ADOPTED by the Board of County Commluioner~ of Collier County. Florida, day of ,1998. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Approved ~ to form and legal sufficiency: t//(/4 lle4di F, ~t~ BY: BARBARA B. BERRY, Cheirrran ORDINANC~ NO. / AN ORDINANLL~ REPEALING, IN 1TS ENTIRETY, COLLIgR COUNTY ORDINANC-~ NO. ?1-~, TH~ WATER MANAGEMENT DI~-I'KI'C'T 6; PROV/DING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVER. ABILITY; AND PROVIDING FOR AN EFFEL-Ii~ DATE. WIIEREAS. the Board of County Commissioncr~ adopted Ordinance No. 71-8, which created the Water Management D~strict 6: and WIIEREAS, the Board of County Commissiuner~ de~ires to terminate the Water Management District NOW, THEREFORE. BE IT ORDAINED BY TIlE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA that: $.~: REPEAL OF COLLIER COUNTY ORDINANCE NO. 71 Collier County Ordinance No. 71-8. is hereby repealed in ils entirety. ,$F,~: INCLUSION IN THE CODE OF LAWS AND ORDINANCE The provisions of this ordinancc shall become and be made a part oftbe Code of Laws and ordinances of Collier County. Florida, The ~ections of the ordinance may he ranumbered or re-lettered to accomplish such. and the word 'ordinance" rrmy he changed to "scctiun', 'article', or any other appr~te word. $.F..~: CONFLICT AND SEVERABILFI-Y In the event this ordinance conflicls with any other Ordinance of Collier County or other applicable law. the more restrictive eats apply. If any phrale or portion of the Ordinance ia held invalid or unconstitutional by any court of competent juriadiction, snch portion shall be denmed a ~parate, distinct and independent provision and snch holding shall not affect the validity of the rcmaininS po~on. ~ EI-TECTIVE DATE This Ordinance shall be effective upon filing with the Florida Dopartmem of Slste. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, day of~. / Al : Dlh'lGIrr E. BROCK. Clerk BOARD OF CO~ COMIVilSSIONERS COLLIE~ COUNTY, FLORIDA STATE OF FLORIDA) COUNTY OF cohr. IER) I, DWIOHT 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. 98-104 Which was adopted by the Board of County Co~nissioners on the 24th day of November, 1998, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 25th day of November, 1998. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board of' Deputy Clerk Ii. Les, FL Affidavit of ~Ltc4tton ~0 ~0~ 41~6 ~S FL ~1~-~6 I~ f F. JI~ffCE: ~01~ 00110~ 5~fl~6491 ~7~6~ IEPEAL 8~-12 NOT~CE :' ............................................................ . .......................... ........ .... ...... ......... ~ O~ ~PEAL~G, ~ ~ ~i~, COLL~ CO~ 0~ NO. ~1~ -J~ ~CO I~ COb~ P~ b~ S~ T~G ~I PROLOG ~R ~ON ~ CODE OF ~ ~ 0~ ~O~G FOR CO~ ~ ~~; ~ PROLOG FOR ~ E~-Jl~ DA~ - , ~ County .---.-er qend~ fUe~ [ ] ~h~ ~.~., XaAtAatin~ ~ to -vv--.- and n~At o~A~XnaX to · 11111111111111~!1111111111111111111111111111111111111111111111111 II!11111111111111111111111111111111111111111111111111111111111] LISA STEELE FA~ IlO: (8~3) 77~-8~08 , ~o~'No: (813) 77&-SA06 T:l. ne sont:: October 8, 1998 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 33940 Re= Notice of Public Hearing to consider an ordinance repealing Ordinance 85-12 DaarJudi: Please advertise the above referenced notice one tin~ on Friday, November 13, 1998, and send the Affidavit of Publication, in duplicate, together with charges involved to this office. Sincerely, Msureen Kenyon, Deputy Clerk Purchase Order No. 001-101520-649100 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given.that on 'I'[/F-.SI~Yt NOVI~BI~ 24t 1998t 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 REPEALING, IN ITS ENTIRETY, COLLIER CO~ ORDINANCE NO. 85-12, THE MARCO ISLAND COMMUNITY PARK MUNCIPAL SERVICE TAXING UNIT; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NO'I'E: All persons wishing to speak on any agenda item must register ~ the County administrator ~ior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BARBARA B, BERRY, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Maureen Kenyon, Deputy Clerk (SEAL) this DWIGIIT E. BROCK, Clerk ORD,N C .O..-1' 7 S AN ORDINANCE REPEALING, IN ITS ENTIRETY, COLLIER COUNTY ORDINANCE NO. ~-!l, Tile r, IARCO ISLAND CO?,I?*IUNITY PARK blUNICIPAL SERVICE TAXING UNIT; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCE.q; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EItyEc"rlVI~ DATE. WIIEREAS. the Board of County Commissioners adopted Ordinance No. 85-12, which cre~ted the Marco Island Community Park Municipal Service TaXing Unit; and WIIEREAS. the Board of County Commissioners desires to terminate the Marco bland Community Park Municipal Service TaXing Unit. NOW. TIIEREFORE, BE IT ORDAINED BY TIlE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA that: ~: REPEAL OF COLLIER COUNTY ORDINANCE NO. 85-12. Collier County Ordinance No. 85-12, is hereby r'cpealed in its entirety. ,et ~r.~].OJ~L~O: INCLUSION IN TIlE CODE OF LAWS AND ORDINANCE Th~ provisions of this Ordinance shall become and be made a pan of the Code of Laws and Ordinances of Collier County, Florida. The sections o1' the Ordinance may be renumbered or r~-lellel'ed to accomplish such, and the word 'ordinance' m~y be changed to "sentra', '~1ic1¢', or' any other ~,yl~,p~ ;ale wos-d. ,~,.~]]~,,J~: CONFLICT AND SEVERABILFFY In the event this Ordinance confiic~ with any other Orthnance o1' Collier County or other applicable law, the mote resu-ictive shall apply. If any pla'ase o~ portion o1' the Ordbtsnce is held invalid or unconatitutional by any court of comp~ent jm'isdicfion, such portion shall be deemed a separate, distir~t and independent provision and such holding shall ont affect the validity of the remaining portion. ~[F.l~].O,[~J~: EF 'FECTIVE DATE 'l'his Ordinance shall be effective upon filing with the Florida L~rlment o£Sla~. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida., day of ,1998. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: Approved as to form and legal sufficiency: Assistant Coonty Attorney BARBARA B. BERRY, Chairman AN ORDINANCE REPEALING, IN ITS ENTIRETY, COLLIER COUNTY ORDINANCE NO. K~'ll, TIIE MARCO ISLAND COMMUNITY PARK MUNICIPAL SERVICE TAXING I.fNrr; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES: PROVIDING FOR CONFLICT AND SEV~RABILITY; AND PROVIDING FOR AN EF'I~L-17,'V~ DATE. WtlEREAS. the Board of County C,:,,,.~iissinnc~ adopted Ordinance No. 85-12, which ereated the Marco Island C,..~i~,dnity Park Municipal Service Taxing Unit; and WHEREAS. the Board of County Commissioners desires to terminate the Marco Island Community Park Municipal Ser~ce Taxing Unit. NOW. THEREFORE, BE IT ORDA~D BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA that: ,~,C]~LQ]~: REPEAL OF COLLIER COUNTY ORDINANCE NO. 85-12. Collier County Ordinance No. 85.12, is hereby repealed in its entirety. ~,,~I,O.~L~.~: INCL! ~SION IN TIlE CODE OF LAWS AND ORDINANCE The provismns of this Ordinance shall become and be made a pan of the Code of Lamer and Ordinances of Collier County. Florida. The sections of the Ordinance may he renomhernd or re-lette~d to accomplish such. and the word "m'dinance" may be changed to "r~'tion". 'article'. or any other appropriate word. SECTION THRFF- CONFLICT AND SEVER. ABILITY In the cver, t thi.s Ordinance conflicts with any other Ordinance of Collier County or o~het applicable law, the more restrictive shall apply. If any phrase or pOtliun of the Ordinance il held invalid or unccmsdtutional by any court of competem junMictin~, tach portion shall be deemed a ~,.,.te, di~'inct and independent ~ov~aiun and such holding shall not affect the vahdity of the remaining portion. ,~.I~7..QI.~: EFFELZHVE DATE this Al I laST: DWIGHT E. BROCK. Clerk This Ordinance shall he effective upon filing with the Florida Department of S~ate. PASSED AND DULY ADOPTED by the Board of County Commissionera of Colfier County, Florida, BOARD OF COUNTY COMMISS1ONEI~ COLLIE'R COUNTY, FLORIDA Approved as Io form and legal sufficiency: B AR]~R~ B.' B E~LR Y, ~'haim~ ~ 17S STATE OF F~ORIDA) C(~ 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 col~y of: ORDINANC~ NO. 98-105 ~hich was adopted by the Board of County Co~issioners on the 24th day of November, 1998, during Regular Session. WITNESS my hand and the official seal of the Board of County Co~lssioners of Collier County, Florida, this 25th day of Nove~ber, 1998. I~dIGHTE. BROCK Clerk of Courts and Clerk , Ex-officio to Board of' ' .... ' County Con~issioners Deputy Clerk NepLfl, ~L 341C~ IKMJW OE C0~17 CO~ISSIC~ERS I'0 I0~ &134~6 ~I~CE: OOl~o 0~110~ 52C~91 LLIM' Ce~/, FI~tda, fo~ · pe~tod ~f 1 7flr 11/13 · 1 al: 11/13/te County Attorney I ORDINA.'qCE REPEALING, IN ITS E,NTIRETY, COLLIER COUI%'TY ORDINA,~CE NO. $7-12. THE RKSIIXRE VILLAGE (AT BERKSHIRE LAKES, PARCEL B) STREET LIGHiL~G bIUNICI~AL RVICE TAXING UNIT; PROVIDING FOR INCLUSION IN CODE OF LAWS A~%'D ORDINANCES; OV1DING FOR CO.%'FLICT A.N~} SEV~RABILITY: AND PROVIDING FOR A.'q EFFECI'I~'E DATE. foz Illllllillllli]l___lllilllllllllilllllllllllllllllllilillilliillill i11111111111111111111111111111111111111111111111111111111111111 Locx~o~z Collier Coun~ FAX ~ro~ (8~) 77~-~08 T£ne sant: October 8, 1998 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 33940 Re: Notice of Public Hearing to consider an ordinance repealing Ordinance 87-12 Dear Judi: Please advertise the above referenced notice one time on Friday, November 13, 1998, and send the Affidavit of Publication, in duplicate, together with charges involved to this office. Sincerely, Msureen Kenyon, Deputy Clerk Purchase Order No. 001-101520-649100 NOTICE OF I}~ENT TO CONSIDER ORDINANCE Notice ¼s_her~by given that on TUESDAY, NOVEMBER 24, 1998 in the Boardroom, Jro Floor, Administration Building, Collier'County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Co~m~issioners 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 REPEALING, IN ITS ENTIRL~y, COLLIER CO~ ORDINANCE NO. 87-12, THE BERKSHIRE VILLAGE (AT BERKSHIRE LAKES, PARCEL B) STREET LIGHTING MUNCIPAL SERVICE TAXING UNIT; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT ~ SEVERABILI~-f; AND PROVIDING FOR AN EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register ~ the County administrator ~rior 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 ap~ropriate County staff a minimum of seven days prior to the ~ublic hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNT%', FLORIDA 8~ B. BERRY, CHAIRMAN DWIGHT E. BROCK, CLERK Dy: /s/Maureen Kenyon, Deputy Clerk (SEAL) DWIGIFF E. BROCK, Clcrk ORDINANCE~ AN ORDINANCE REPEALING, IN ITS ENTIRETY, COLLIER COUNTY ORDINANCE NO. 87-12, THE BERI~IIIRE VILLAGE (AT BER~IIIRE ~ PAR~L B) ~ LIGH[ING M~PAL ~R~ T~G ~; PROLOG FOR ~U~ON ~ CODE OF ~WS ~ O~; ~O~G FOR CON~I~ ~B~; ~ PROLOG ~R ~N E~C~ 1~ DA~ ~hire Village (At ~k~hi~ ~IERE~. t~ B~rd of C~W ~issi~ d~i~ ~o t~ina~c t~ ~h~ Villa~ (At ~h~ ~k~, Parcel B) S~ Lighting M~ic~l ~ T~ing Unit NOW. ~IER~ORE, BE W O~A~ BY ~ BOA~ OF CO~ CO~O~ OF ~R ~, ~O~A SE~ON O~: REPEAL OF COLLI~ CO~ ORD~ NO. ~-~2. Colli~ C~ ~di~e No. of Coll~ C~n~y, ~. ~ ~i~ of ~ ~i~c m~y ~ ~um~ ~ ~-1~ m ~lhh ~: CO~I~ In ~ ~ ~his ~dinancc c~flicU ~th ~ny m~ ~d~e of Colli~ ~W ~ m~ ~l~b~e law, ~ ~ ~aivc s~]l ~ly. i~ ~ovisi~ ~ ~h ~Iding s~ll ~ s~ ~ ~lidi~ of~ ~ming ~. ~is ~in~e s~ll ~ off. live ~ filing ~lh I~ ~ ~1 o~S~. PASSED AND DULY A~D day of , ~ OF ~ ~0~ COL~ ~, ~A BY:.. BY: BARBARA B. BERRY, Clmirm~ A~,v, oced u ~o form and legal sumcicncy: ORDINANCE NO. AN ORDINANCE REPEALING, IN ITS ENTIRETY, COLLIER COUNTY ORDINANCE NO. ~/-12, TIlE BERK.qlIIRE VILLAGE (AT BERI~HJRE LAKES, PARCEL B) STREET LIGIITING MUNICIPAL SERVICE TAXING UNIT; PROVIDING FOR INCLUSION /N CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFEC-I-IV'E DAT~. VO4EREAS, the Board of County Conh,,;ssiuners adopted Ordinance No. 87-12, which created the Berksb~e Village (At I~rkshire Lake~ Parcel B) St~'ect Lighting Municipal Service Taxing Unit; and WHEREAS, the Board of County Commissioners deske~ to terminate the Bedtsbire Village (At Berkshire ! ,,~-~, Parcel E) Seeet Lighting Municipal Service Taxing Unit. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF I?T COLLIER COUNTY. FLORIDA that: REPEAL OF COLLIER COUNTY ORDINANCE NO. 87-12. Collier County O~ n-ar, ce No. 87-12, is hereby repealed in its entirety. ~. INCLUSION IN THE CODE OF LAWS AND ORDINANCE The provisions of this OrdinanCe shall become ~d be made a part of the Code of Laws and Ordinance~ of Collier County, Florida. The sc"ction~ of the Ordinunce may be renumbeted or re-lettered to accomplis~ su~k und the word 'ordinance" may be chun~d to "sec'tiaa", 'article", o~ any other,q~,~,~e word. · qF, CI~2~LI~tE,F~: CONFLICT AND SEVERABH. ffY In the event this Ordinance coeflicts ~ any ~ C~,-,,.,,~ of Collier Com~ e~ o~let applicable law. the more restrictive shall apply. If any phrase or po~lion of the Otdinam:e is held invalid or uncon~imtiunal by any co~t of compek'nt jumdictinn, such portion shah he deemed · ~ distinct and independent p~ovisiun and such holding shall not affect ~he validity of the remaining portico. ,~: EFFEL.-iIVE DATE This Ordinance shall be effective upoe filing w~h the Florida Depar'mmll of Stste. PASSED AND DULY ADOFi ED by the Beard of County C~,mii~sinners of Collior County, ~ DWIG~IT E. BR~CK. Cl~rk BOARD OF COUNT~ COMMISSIONERS COLLIER COUNTY. FLORIDA Af~,. ~,~ed as to fol~ ~ legal s~t~¢ie~c¥: Heidi F. Asbtun' Amount County Aeomey ~TAT~ Or FLORIDA) COUN~f OF COr.LIER) I, D~IGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify tb~t the foregoing is a true copy of: ORDINANCRNO. 98-106 Which was adopted by the Board of Cothnty Co~mnissionera on the 24th day of Nove~g~er, 1998, during Regular Session. WITNESS my hand and the official seal of the Board of County C~lssionere of Collier County, Florida, this 25th day of Novm~er, 1998. Di~X~NT g. BROCK -" . Clerk of Courts and ark . ."', By: Maureen Keny%~ ' ' ' .". Deputy Clerk · Affl~tt of PubLtc~t$on Affiant /('/' ,,' '., / '~/~'A' OtivL~ati~ Uept./~t.. County Attorney ~,,,o~, =,=,, A,,N ORDINA.~CE REPEALING, IN ITS ENIIRETY. COLLIZR COL,~TY ORDINA,NCE NO. 79-I03, A.~ff.,N'DED, T/I~ S[~R AREA "B" SOUTll HALF (EAST NAPLES) MUNICIPAL SERVICE TAXING A.%'D BENEFIT uNTr: PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT A~%'D SEVERABILITY: A.%'D PROVIDING FOR AN EFFEC l l~'g DAT~ ,o,c,. 001-101520-0 t OF PA~ES ~ !!!!!!!!1111~!!!11111111111111111111111111111111111111111111111 JUDI _ NAPLES DAILY N~ !!i!!!111111111111111111111111!ii!111111111111111111111111111111 LISA STEELE LO~,TZON: Collier Coun~-~' Cou~t:hot~se ~ NO: (83.3) 77&-8~08 FRON'g'NO: (813) 774-8406 October 8, 1998 MS. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 33940 Re: Notice of Public Hearing to consider an ordinance repealing Ordinance 79-103 Dear Judi: Please advertise the above referenced notice one time on Friday, November 13, 1998, and send the Affidavit of Publication, in duplicate, together with charges involved to this office. Sincerely, Maureen Kenyon, Deputy Clerk Encl. Purchase Order No. 001-101520-649100 NO ICE OP TO CONSIDER ORDINANC Notice ~he~kS? giy~n.t~at on. TUESDAY, NOVEMBER 24 loo- Boardroom, ,, ? ~J,, in the o~u ~oor, A~lnlstratlon 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 REPEALING, IN ITS ENTIRETY, COLLIER COUNTY ORDINANCE NO. 79-103, AS AMENDED; THE SEWER AREA 'B' SOUTH HALF (EAST NAPLES) MUNICIPAL SERVICES TAXING AND BENEFIT UNIT; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Copies of the proposed Ordinance ar~ on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. Nf~TE: All persons wishing to speak on any agenda item must register with the County dmznsstrator ~rior 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 l0 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based o BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BARBARA B. BERRY, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Maureen Kenyon, Deputy Clerk (SEAL) A~N ORDINANCE RE--lNG, ~ ~ ~, CO~R T~NG CODE OF ~WS AND O~INAN~; PRO~DING FOR CO~I~ DATE. WItER~S. ~di~e No. 83~9. which crated t~ ~w~ ~ 'B' ~th Half (~st Naples) M~ici~l S~ice T~g ~IE~AS. t~ ~rd ofC~n~ Commissi~ d~i~ lo t~inate the S~ ~ "B~ ~ Half (~t Napl~) Munici~l ~icc Taxing and B~efit Unit. NOW. ~[EREFORE. BE FF O~AINED BY ~tE BOA~ OF CO~ ~ISSIO~ OF COLLIER ~[~. FLO~DA ~: ~PEAL OF COLLIER CO~ O~ANCE NO. 79-103. ~ ~ED. ~: INFUSION IN ~IE CODE OF ~WS A~ O~ ~ ~ovisi~ of ibis ~di~e s~ll ~ome ~ ~ made a ~n of the ~e of~ ~d ~di~ces ~: CO~I~ ~D S~E~ILI~ un~tituti~l by any c~ of c~t~l j~Miction, s~h ~ion s~ll ~ deemed a ~, di~ ~d ~ E~E~VE DA~ · is day of ,1~8. A~: BO~ OF CO~ ~ISSIO~ BY: A~,,ved as to fm'm and legal sufficiency: Heidl F. Ashton A~sislam County ^homey BARBARA B. BERRY. Chairman AN ORDINANCE REPEALING, IN Frs ENTIRETY, COLLIER COUNTY ORDINANCE NOo 79-103, AS AMENDED, THE SEWER AREA "B" SOUTH HALF (EAST NAPLES) MUNICH~AL SERViCE TAX, lNG AND BENEFIT UNIT; PROVIDING FOR INCLUSION 1~I CODE OF LAWS AND ORDINANCF~S; PROVIDING FOR CONFLICr AND SEVERABILITY; AND PROVIDING FOR AN EFFE~.-siv~ DATE.. WHEREAS. the Board of County Commissioners adopted Ordinance No. 79-103, as amended by Ordinance No. g3-49, which crcated the Scwcr Area 'B" South Half(East NnpIc'~) Municipal Service Taxing and Benefit Unit; s~l WHEREAS. the Ba~'d of County Commi~siuners da~ire~ to terminate the Sewer Ar~ ,,B- gouth Ha{ f (Ea~ Naples) Municipal ,~wv~ce Taxing and Beun~t UniL NOW. THEREFORE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA thzt: SECTION ONE' REPEAL OF COLLIER COUNTY ORDINANCE NO. 79-I03, AS AMENDED. Collier County Ordinance No. 79-103, as amende~ i~ hereby repealed in it~ entirety. ~: INCLUSION IN Title CODE OF LAWS AND ORDINANCE The pr°vtsicm of thb ordinance shall become and be made a part of time Code of Laws and Ordinunce~ of Co{{ier County. Florida. The ~.'ctior, s of the Ordinance may be renumlx.~d or re-{e~eted 1o .~n,,pii~ such. and the word 'ordinance' may he changed to "~"fion", 'article", or any oth~ ~q~ ,.~, iale word. · ]t~h[..TI.H~,~: CONFLICT AND SEVERABIL{TY In the event this Ordinance cunflict~ wi~ shy o~er Ordinance of Collier Counly m o{{~'r nppHcable law, the mo~ r~i~ivc shall apply. If any phtnae or {x~on of {he ~,,~.;~ {s kid invalid or . i unconstitutional by any corn1 of ~mnpe~m jurlsdictlun, such pot-Hun shall be ~ a sep~ate, distinct and independent prowsion a~d such ho{ding shah not affect the validHy of tho remaining porlion. ~ . ,~F~IO]~E{~: EFFECTIVE DATE ]'his Ordinance shall he effective upon filing with the Florida Dcp~nent of Stale. ; ~¢ PASSED AND DULY ADOF 1 I~ by the Board of Cotmty Commis~mers or Collier Covnty, Finrida. thi, ~ day or~ t99s. .. A] 1 I:ST: DWIGItT E. BROCK, Clerk Heldi F. ~ Aasis~nt Courtly Atlo~-'y BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 17U BTAT~ OF FLORIDA) COUNTY OF COLLIER) I, I~WIGHT 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: ORDINANC~ l~0. 98-107 Which was adopted by the Board of County Co~issioners on the 24~h day of November, 1998, during Regular Session. WITNESS my hand and the official seal of the Board of Count~, Com~ssionera of Collier County, Florida, this 25~h day of Nov~n~r, 1998. ~ I~HTE. BROCK Clerk of courts and ~lerk EX-officio to Board of County Commi~ra . By= Naureen Xe~y'on .... ~'. Deputy Clerk 1 14~Les, FL 341~ REFEREHCE: 001230 001101520~91 577T78~6 REPEAL 80-86 HOTXCE PIJa~SH~D ~: 11/13 Orts~uac/=g DipC./D£v. County Attorney AN ORDINANCE REPEALING, IN ITS ENTIRETY, COLLIER COUNTY ORDINANCE NO. 80.-86, THE UNINCORPORATKD COUNTY AREA blUNXCIPAL SERVICE TAXING UNIT-ROAD AND BRIDGE; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT A~ND SEVERABILITY; A~N'D PROVIDING FOR A.N E~ I.E.-liVE DATE. (lnclud~g ~ cove=) illllIlllllllLIllllIliillllilllIlllllllllIllllIIllllllillllllill NAPLES DAILY NEWS t 1111111111111111111111111111I!]ili!!111111111111111111111111111' Date oQnt: LISA STEELE ._. j J LOCA~ZON: Collier County courthouse FAX NO: (813) 77&-8408 PHONE'NO: (813) 774-8&06 Time sent: October 8, 1998 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 33940 Re: Notice of Public Hearing to consider an ordinance repealing Ordinance 80-86 Dear Judi: Please advertise the above referenced notice one time on Friday, November 13, 1998, and send the Affidavit of Publication, in duplicate, together with charges involved to this office. Sincerely, Maureen Kenyon, Deputy Clerk Encl. Purchase Order No. 001-101520-649100 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on 'x~ff~l]Ay, NOVEMBER 24, 1998, 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 REPEALING, IN ITS ENTIRETY, COLLIER COUNTY ORDINANCE NO. 80-86, THE UNINCORPORATED COUNTY AREA MUNICIPAL SERVICE TAXING UNIT-ROAD AND BRIDGE; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. N(Y~E: Ail persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BARBARA B. BERRY, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Maureen Kenyon, Deputy Clerk (SEAL) AN ORDINANCE REPEALING, IN ITS ENTIRETY, COLLIER COUNTY ORDINANCE NO. 8086, TIlE UNINCORPORATED COUNTY AREA MUNICIPAL SERVICE TAXING UNIT-ROAD AND BRIDGE; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WttEREAS, thc Board of County Commissioners adopted Ordinance No. g0-86, which created the Unincorporated County Area Municipal Service Taxing unit-Road and Bridge; and WItEREAS, the Board of Cunnty Commissioners desires to terminate the Unincorporated County Area Municipal Service Taxing Unit-Road and Bridge. NOW. TttEREFOR. E, BE IT ORDAINED BY TIlE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: ,~: REPEAL OF COLLIER COUNTY ORDINANCE NO. 80-86. Collier County Ordinance No. 80-86, is hereby repealed in its entirety. SECTION T'~O: INCLUSION IN '/'lie CODE OF LAWS AND ORDINANCE The provisions of this Ordinance shall become and be made a part of the Cede of Laws and Ordinances of Collier County, Florida. Thc sections of the Ordinance may be rcnumbered or re-lettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. ~: CONFLICT AND SEVERABILI'VY In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of Ihe Ordinance is held invalid or unconstitutional by any court of compatent jurisdiction, such portlun shall be deemed a separate, distinct and indepandcnt provision and such holding shall not affect thc validity o£thc remaining portion. ,Sl~: EFFECTIVE DATE This Ordinance shall be effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of ,1998. ATt'EST: BOARD OF COUNTY COMMISSIONERS DWIGttT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: BY: BARBARA B. BERRY, C'hainnan Approved as to form and legal sufficiency: Heidi F. Ashton Assistant County Attorney ORDINANCE NO. 98- t/rid~ AN ORDINANCE REPEALING, IN ITS ENTIRETY, COLLIER COUNT'Y ORDINANCE. NO. 80-86, TIIE UNINCORPORATED COUNTY AREA MUNICIPAL SERVICE TAXING U]~qT-ROAD AND BRIDGE; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 17 V"-' ' WHEREAS, the Board of County Commissioners adopted Ordinance No. 80-g6. which created the Unincorporated County Area Municipal Service Taxing unit-Road and Bridge; and WIIEREAS, the Board of County Commissione~ desires to terminate the Unincorporated County Area Municipal Se~icc Taxing Unit-Road and Bridge. NOW, THEREFORE, BE IT ORDAINED BY '/'lie BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: ,.~-,.(~[.Q,l~t~: REPEAL OF COLLIER COUNTY ORDINANCE NO. 80-86. Collier County Ordinance No. 80-86. is he'reby repealed in its entirety. ~.,L~ID.]~Y_Q: INCLUSION IN THE CODE OF LAWS AND ORDINANCE The provisions of this Ordinance shall become and be made · pert of the Code of La~ and Ordinances of Collier County, Florida. The ~.-ctiuns of the Ordinance may he renumbered or m-lettered to accon,~ish such, and the word 'ordinance" may be changed to "~-'ction", 'article", or any othor ap.~ o~a ~te word. ,~t F.C~If ~L~I~:~: CONFLICT AND SEVERABILITY In the event this Ordinance conflic~ with any other Ordinance of Collies County or other applicable law, thc more restrictive shall apply. If any phrase or portion of the Ordinance ia held invalid or unconstitutional by any court of competent j~iadiction, ~h portion shall be deemed a ~--perate, diviner and independent provision and such holding shall not affect the validity of the remaining portion. ;~: EFFECTIVE DATE this This Ordinance shall he effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, day or ATTEST: .~ BOARD OF COUNTY COMMISSIONEP~ DWIGltT E. BROCK, Clerk COLLIER COUNTY, FLORIDA ~. Attar as to ChaTrmb~-~ - BAP.~U~ B. BE~I~RY,~C~airn~I~ $t~ature Al~or0yed as to form and legal sufficiency: Heidi F. Ashton Assistant County Attorney 17V "' STA~ OF FLORIDA) COU1~Y OF COLLIER) I, DWIOHT E. BROCK, Clark of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 98-108 Which was adopted by the Board of County Commissioners on the 24th day of November, 1998, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 25th day of Nove~r, 1998. DWIGHT B. BROCK Clerk of Courts and Clerk Ex-officio to Board of Naples, FL REFERENCE: 0012.10 0011015206491 S7TT81~5 REPEAL 90-64 NOTICE 5tlte of fLortda Before the ul~era~gned authority, personaLLy ~,rve~ e~ A~m~t~t Secretary of the NapLe~ Oatty ~s · ~tty ra~speper pubttlhed at ~apLel, in Collier Count)-, EI. oetde: that the attached copy dete~ L{ated. ~ne~:~0e,_ r~ .hal ~retotore ~ ~tlm tn t~ .td ~l~r. for ~Z~P ~: 11/13 AD SPACE: 103.000 iNCH FZLED ON: 11/1,3/98 County Attorney AN ORDINANCE KEPEALLNG. IN ITS ENTIRETY, COLLIER COUNTY ORDINANCE NO. 90-64. I'lil~ CI~U,DREN.$ SUPPORT SERVICES DISTRICT; PROVIDING FOR INCLUSION [N CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERAB'ILITY; AND PROVIDING FOR AN Et~ECi lYrE DATE. ~o,t,. 001'101520-0 FFiX ~ OF PAGES (including th/s cover) T.~,~ ~'LE$ DALLY NEWS lilillllllillllllllllllllllll!!illl, llllllllllllllllllllllllllli LISA STEELE ~:~C~ZON: Collier county co~r~.ho~se FAZ NO: (813) 774-86,08 : PHONE'NO: (813) 776-8606 ,,I October 8, 1998 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 33940 Re: Notice of Public Hearing to consider an ordinance repealing Ordinance 90-64 Dear Judi: Please advertise the above referenced notice one time on Friday, November 13, 1998, and send the Affidavit of Publication, in duplicate, together with charges involved to this office. Sincerely, Maureen Kenyon, Deputy Clerk P~rchase Order No. 001-101520-649100 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, N(~ER 24, 1998, in the Boardroom, 3rd Floor, Administrati~ 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 REPEALING, IN ITS ENTIRETY, COLLIER COUNTY ORDINANCE NO. 90-64, THE CHILDREN'S SUPPORT SERVICES DISTRICT; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOISE: All persons wishing to speak on any agenda item must register ~ the County administrator r~ to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is m~%de, 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 Eo BROCK, CLERK By: /s/Maureen Kenyon, Deputy Clerk (SEAL) ORDINANCE NO. 98- AN ORDINANCE REPEALING, IN ITS ENTIRETY, COI.~[I:R COUNTY ORDINANCE NO. 90-04, THE <ItlLDRI~N'S ~tJPPORT SERVICF. S DISTRICT; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONlrLICT AND SEVERABILITY; AND PROVIDING FOR AN Elr]r~L-l-lV~ DA'IT. WItEREA.$, the Board of Coun~7 Commissioners adopted Ordinance No. 90-64, which created the Children's Support Services District; and WIIEREAS, a Countywide referendum was held to eslablish the millage, and tbe referendum failed; and this A't ] EST: DWIGIIT E. BROCK, Clerk WIIEREAS. thc Board of County Commissioners desires to tennlnate the Children's Support Services District. NOW, TIfEREFORE, BE IT ORDAINED BY THE BOARD OF COUN'I~ COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: ,.~: REPEAL OF COLLIER COUNTY ORDINANCE NO. 90-64. Collier County Ordinance No. 90-64, is hereby repealed in its entirety. SECTION TWO: INCLUSION IN TIIE CODE OF LAWS AND OP. DINANCE Thc provisions of this Ordinance shall become and be made a part of'the Code of Law~ and Ordinances of Collier County. Florida. The seclions of Ibc Ordinance may be renumbered or re-lettered to accomplish such. and the word "ordinance" may be changed to "sect/on", "article", or any other app, Ola;ate word. ,.~7,.~: CONFLICT AND SEVERABILITY In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, Ibe more restrictive shall apply, ff any phrase or portion of the ordinance is held in'valid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECT[ON FOUR: EFFECTIVE DATE This Ordinance shall be effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Colllor County, Florida, day of__ , 1998. BOARD OF COUNTY COMMISSION. Ep..<; COLLIER COLIN'I'Y, FLORIDA BY: Approved as to form and legal suCficiency: H~idi F. Aahton As~isl~n! ~ounly ARm'ney BY BARBARA B. BERRY Chairman ORDINANC NO. AN ORDINANC REPEALING, Ir ITS coccm O m *NC,: SER~CES DISTRI~ PROVIDING FOR INFUSION IN CODE Off LAWS AND ORDINANCES~ PROVIDING FOR CON~I~ SEVE~BILITY; AND PROVIDING FOR AN E~ DA~ WHEREAS. thc Board of C'ounty Commissioners adopted ~dinance No. 90-~, which c~ated the ~ildr~'s Such So.ices Dislnci: and WIIEREAS, a Countywide referendum was held to establish the millage, and the referendum failed; and WIIEREAS, the Board of County ('omm~ssioncrs desires to terminate the Children's Support Services District. NOW, TtIEREFORE. BE IT ORDAINED BY 'FILE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA that: ATTEST: .DWIGHT E.. BROCK, Clerk H~idi F. ~shton · ,~ai~nt County Atlomey $/7..~: REPEAL OF COLLIER COUNTY ORDINANCE NO. 90-64. Collier Counly Ordinance No, 90-(~, is hereby repealed in/ts entirety, '~;~L.~fi~: INCLUSION IN TIlE CODE OF I.AWS AND ORDINANCE The provisions of this Ordinance shatl become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. '['he sections of Ibe Ordinance may be renumbered or re-lettered to accomplish such, and the word 'ordinance" may be changed to %eclion", 'article:', or any other appropriate word. ~,Q.,hL~]IIg,.F~: CONFLI(TF AND SF. VERABILITY In the event this Ordinance conllicts with any other Ordinance of Coil/er County or other applicable law, the more restrictive shah apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of compctcnl jurisdiction, such porlion shall be deemed a separate, distinct and independent provision and such holding shall not affect lbe vahdity of the remaining portion. ~: EFFEC'. FIVE DATE This Ordinance shall be effective upon filing with the Florida Department of Sl~te. PASSED AND DULY AIX3PTED by thc Board of County Commissioners of Collier County, Florida, this_ ..~/~' day of .~~..~, , 1998, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA BARf~kRA B. BE'RR¥,-C'~irm~ ~ 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. 98-109 Which was adopted by the Board of County Commissioners on the 24th day of November, 1998, during Regular Session. WITNESS my hand and the official seal of the Board of County Co~'~lssioners of Collier County, Florida, this 25th day of November, 1998. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board 'of County Commiss~ Deputy Clerk