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Backup Documents 06/23/1998 RBCC REGUI.~a.R MEETING OF JUlqE 23, 1998 Haples Daily Hews Naples, FL 33940 Affidavit of Publication Naples Oaily Hews BOARD OF COUNTY COHHISSIONERS ATTN: HAHCY SALOGUB PO BOX 413016 HAPLES FL 34101-3016 REF£RENCE: (301230 80(0,40 5~0c)694 NOTICE OF PUBLIC HER State of Florida County of Collier Before the undersign~-d authority, personally appeared Angela Bryant, who on oath says that she ~erve~ ms Assistant Secretary of th~ Naples Daily ~, · daily n~spaper ~blish~ at Naples, in ~o~lier C~nty, Florida: that the attach~ copy of ~vertising ~as publish~ in said news~per on dates list~. Affiant further says that the said Naples Daily H~s is a newspaper ~blished at Haples, in said Collier C~nty, Florida, and that the s~id n~spaper has heretofore b~en continuously ~blish~ in said Collier County, Florida, each day and has been entered as second class mail ~tter at the ~st office in Naples, in said Collier C~nty, Florida, for a p~ri~ of I year next prec~ing the first publication of the attach~ copy of advertisement; and affiant further ~ays that she has neither paid nor pr~is~ any person, firm or co~ration any disc~nt, rebate, commission or refund for the ~r~se of securing this advertise~nt for ~bltcati~ in the said news~per. P~LISHED 0N: ~/21 A0 SPACE: 53.000 INCH FILED ON: 06/22/98 Signature of Affiant S~orn to and Subscribed before me this~ ~ day of .[~-,~,~ 19c~'~~ 0120 minCE OF MEET1NG NOTICE OF PUBLIC MEETING BOARD OF COUNTY CONU~I~IONERS, COLLIER (~OUNTY, FLORIDA Tuesdov, June 23, 1998 9 A.M. Notice Is hereby given that fine Collier County Boord of County Cort~mls- sloflef's will rnee~ in the Boord's C.l~mbers on Third Floor of ~e Admln- ist~otion Building (Building PJ of fine Collier County lOOvernment Complex, No, les, FIo~ldo, to cern- duct the business of Col- tier County, at the above stated time and date. Copies of fine ogerx~o for sold meeting will be mode c~,allable to the Ore$~ or, cI may be tolr~ed ot the office of the County Administrator, same ~ocofio~, same per'l- od of time. Any per'~o~ %vho decid- es to or~ea~ ~ decislo~ of this Boc~d v, ill need a re- c~r~ of fine proceedings ~hertolnlng thereto, and eretore may needto en- sure that a ver'batlr~ cord of fine ~'oceedlngs mode, which record eludes fine testimony and evidence upon which the as~x, at Is to be bosed. BOARD OF COUNTY COMMISSIONERS COLLIER COUNT',', FLORIDA BARBARA B. BERRY, CHAJR/~AAN DWIGHT E. BROCK, CLERK By:/s/~aureen Deputy Clerk June 21 No. 1202610 "';-.::.:.';L.,' ' o COLLIER COUNTY BOARD OF C0UNTYCOMMTSSIONERS AGENDA Tuesday, June 23, 1998 9:00 a.m. NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY ADMINISTRATOR PRIOR TO THE PRESENTATION OF THE AGENDA I~qgM TO BE ADDRESSED. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON ~{IS AGENDA MUST BE SUBMITTED IN WRITING WITH F~PLANATION TO THE COUNTY ADMINISTRATOR AT LEAST 13 DAYS PRIOR TO ~ DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCRRDINGS PERTAINING THERETO, AND THEREFORE MAY NRRD TO ENSURE THAT A VERBAT/]4 RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES TIIE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPF2%KERSWILL BE LIMITED TO FIVE (5) MINUTES UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIRMAN. ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRRDARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHRDULED FOR 12:00 NOON TO 1:00 P.M. INVOCATION - Reverend Woerner, East Naples United Methodist Church PLEDGE OF ALLEGIANCE APPROVAL OF AGENDA ANDCONSENTAGENDA Approved and/or adopted with changes with the exception of Item #16A15 which is 4/0 (Con~n]ssioner Mac'Kie abstained) APPROVAL OF MINUTES ao June 2, 1998 - Regular Meeting Approved as presented 5/0 5. PROCI2%MATIONS AND SERVICE AWARDS Page 1 June 23, 1998 A. PROCLAMATIONS B. SERVICE AWARDS C. PRESENTATIONS 0 1) Ted Soliday, Executive Director of the Naples Airport Authority and Wilson, Miller, Barton & Peek representatives will present a planned landscape and environmental improvements project to include Airport Road turn lane improvements. Presented - Staff to continue to work with Airport (Consensus) APPROVAL OF CLERK'S REPORT A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES. PUBLIC PETITIONS Barbara Corneal requesting fee waiver - Veterans' Park fund raiser. Approved - 5/0 Bo ~it Ward representing the Collier Building Industry Association, Inc. requesting a fee waiver. Staff directed to bring back with options on July 28, 1998 8 . COUNTY ADMINISTRATOR' S REPORT ao COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES The Board of County Commissioners approve funding to allocate Tourism Development Funds to the County Parks and Recreation Department for a Jazz and Arts Festival. Approved 5/0 2) Recommendation that the Board of County Commissioners authorize staff to retain legal services to assist in the preparation of Comprehensive Plan Amendments regarding Density Reduction. Approved with Robinson and Cole and Dr. James Nicholas - 5/0 Formal competition waived 3) Adoption of a resolution endorsing the Naples-Collier County Metropolitan Planning Organization 1998 Reapportionment Plan to add a representative of the City of Marco Island. Res. 98-231 - Adopted 5/0 B. PUBLIC WORKS Moved from Item {16B6 1) Presentation of the Preliminary Feasibility Study for the Haldeman Creek Restoration Project. Page 2 June 23, 1998 Approved - 5/0 C. PUBLIC SERVTCES D. SUPPORT SERVICES E. COUNTY AI~fINISTRATOR 1) Quarterly Revenue and Expenditure Report - Fiscal Year 1998. Approved - 5/0 F. AIRPORT Ab"FHORITY 9. COUNTY AT'PORNEY'S REPORT Added A. Southamp:cn Zoning issue (Cor~,issioner Hancock) Discussed 10. BO;~RD OF COUNTY COMMISSIONER~ Deleted A. Added: B. Four year review of the Environmental Policy Technical Advisory Board (EPTAB) with staff recommendation to consolidate EPTAB with the Environmental Advisory Board (EAB) . Good Wheels - Transportation Disadvantaged (Co~missioner Constantine) Staff directed to eliminate reimbursement cap to allow for the $13,000; to authorize a purchase order to use carryover of $38,116.84 from fiscal year 96-97 and Legal Staff and Management Staff to look at the greater expenses then anticipated when the BCC reconvenes - 5/0 11. ~ ITEMS A. OTHER CONSTITUTIONAL OFFICERS B. PUBLIC COMMENT ON GENERAL TOPICS 1) A1 Perkins regarding hurricanes 2) Gil Erlichman regarding gas tax and Naples Daily News PUBLIC HEARINGS WILL BE HEARD ~IATELY FOLLOWING STAFF ITEMS 12. ADVERTISED PI/BLIC I{EARINGS - BCC A. COMPREHENSIVE PLAN AMEN~MENT.g B. ZONING A/6RNgD~NTS Page 3 June 23, 1998 3 4) Petition PUD-96214(1), Donald W. Arnold of Wilson, Miller, · Barton & Peek, Inc., representing SUNCO Building Corporation requesting an amendment to the "Island Wal~" .Planned Unit Development ~'(PUD), ~r.dinance Number 97-6 for th~p~rposes o'f ~' '~endin~.Table.1 in order.to clari, fy .~he's]de anc~ rea~ yard accesscrry structure setbacks, r~vising the minimum site area for the Town-Home ~,;elling type, and by modifying the general note 5o add the use of common architectural features such as archways, arbors, and courtyard entry features which are to be exempt from the minimum yard requirements for property located on the north side of Vanderbilt Beach Road and approximately one mile eas~ of 1-75 in Sections 33 and 34, Township 48 South, Range 26 East, Collier County, Florida. Ordinance 98-58 - Adopted 5/0 Petition No. PUD-91-2-(1), William R. Vines, of Vines & Associates, Inc., representing Robert S. Hardy, requesting a rezone from PUD to PUD having the effect of amending the Northbrooke Plaza PUD to increase the amount of gross floor area devoted to retail/service/offices.; Revising the number of c_;e~o ......... tracts from three to two; Making other changes that have occurred since the PUD was first approved and to update references ~o %hose in effect, and to amend the b!aster Plan for propersy located in the northwest quadrant of 1-75 and Naples- Im~okaiee Road (C.R. 846), in Section 19, Township 48 South, range 26 east, containing 43 acres, more or less. Ordinance 98-59 - Adopted with change 5/0 Petition No. PUD-88-10(i), Robert L. Duane, AiCP, of Hole, Montes & Associates, Inc., representing National Health Care, L.P., for a rezone from "PUD" to "PUD", Planned Unit Deveiopmen%, but having the effect of amending the Surrey Place PUD ~o revise provisions limiting congregate care housing facilities in favor of LDC requirements regulating intensity of use for said congregate housing; Expanding uses for Tract "A" to include general and professional offices, and updating the PUD to current LDC references and conditions for property located on the south side of Immokalee Road (C.R. 846) one half (1/2) mile west of Airport Road (C.R. 31), in Section 26, Township 48 South, Range 25 East, Collier County, Florida, containing 12.3 acres more or less. Ordinance 98-60 - Adopted 5/0 Petition PJD-97-17, Mr. Bruce Siciliano, AICP, and Dudley Goodlette, representing Amerada Hess Corporation and Garrett F.X. Beyrent and Teryl Brezski, requesting a rezone from "E" Estates [o "PUD" Planned Unit Development to be known as the Pine Ridge Corners PUD for property located on the north side of Pine Ridge Road and west of 1-75, further described as Tract 17, Golden Gate Estates, Unit 35, in Section 7, Township 49 South, Range 26 East, Collier County, Florida. Page 4 June 23, 1998 Ordinance 98-61 - Adopted w/condition 4/1 (Co~issioner Berry opposed) 1) Petition AV 98-009 to vacate a portion of the Special Preserve Easement on Lots 1, 2 and 3, Block E, according to the Plat of "Quail West Unit One, Replat" as recorded in Plat Book 21, Pages ~4 through 106, Public Records of Collier County, Florida. Resolution 98-232 - Adopted 5/0 2) Petition AV 98-011 to vacate the 12' Wide Lake Maintenance Easement on Lots ! through 4 and on Lots ~ through 13, according to the Plat of "Tierra Lago", as recorded in Plat Book 24, pages 20 and 21, Public Records of Collier County, Florida. Resolution 98-233 - Adopted 5/0 Petition CCSL-98-3, Christopher O. Wright, P.E. of RWA Inc., representing the Twin Eagles Beach and Bay Club; requesting a Coastal Construction Setback Line variance to allow for construction of a pool and deck, bathhouse, limited food service building, and privacy walls, located at 9467 Gulf Shore, Lot 4, Block A, Connors Vanderbilt Beach Estates Unit No. 1, section 32, Township 48 South, Range 25 East, Collier County, Florida. Resolution 98-235 - Adopted with stipulations 5/0 4) Approval of ordinance created to manage recovery, reconstruction and mitigation activities following a major or catastrophic disaster. Ordinance 98-62 - Adopted 5/0 13. BOARD OF ZONING APPEALS A. ADVERTISED PUBLIC HEARINGS 1) Petition No. CU-98-7, Christopher O. Wrighs, P.E., of RWA, Inc., representing Twin Eagles Development Company, requesting a Conditional Use "5" of the "RT" zoning district per subsection 2.2.8.3 of the Land Development Code for a private club for property located at 9467 Gulfshore Drive, in Section 32, Township 48 South, Range 25 East, consisting of 1.22 acres. Resolution 98-234 - Adopted with stipulations 4/1 (Commissioner Mac'Kie opposed) 2) Petition No. CU-98-4, Dr. Nino Spagna representing Crossroads Community Church, Inc., requesting Conditional Use "7" and "11" of the Agriculture zoning district for a church and day care facility for property located on the northeast corner of Page 5 June 23, 1998 Vanderbilt Beach Road and Livingston Road Extension, in Section 31, Township 48 South, Range 26 East, Collier County, Florida, consisting of approximately 10 acres. Resolution 98-236 - Adopted 5/0 14. STAFF'S COMMUNICATION~ A) Budget item regarding Storage space for Supervisor of Elections Approved 5/0 B) Discussion regarding County Administrator's evaluation. 15. BOARD OF COUNTY COMMISSIONERS, COMMUNICATION~ A) Discussion regarding 4th of July Fireworks. 16. CONSENT AGENDA - Ail 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 w/changes - 5/0 with the exception of Item #16A15 which was 4/0 (Commissioner Mac'Kie abstained) Deleted 1) Deleted COMMUNITY DEVELOPMENT & P2qVIRO~~ SERVICES Request to approve for recording the final plat of "Westview Plaza Replat" and approval of the performance security. 2) Request to approve for recording the final plat of "Kensington Park Phase Four" and approval of the performance security. Deleted 3) Request to approve for recording the final plat of "Mont Claire at Pelican Marsh" and approval of the performance security. 4) Staff recommendation that County Ordinance No. 94-39 be ame,<au to allow SHIP rehabilitation participants to select their own contractors pursuant to County bid specifications. 5) Board of County Commissioners approve a budget amendment to allocate Tourism Development Funds for the Special Events Agreement between Collier County and A.S.A., Inc. 6) Board of County Commissioners approve the second budget Page 6 June 23, 1998 amendment to the Tourism Advertising and Promotion Agreement between Collier County and %he Naples Area Accommodations Association, Inc. 7) Waiver of impact fees for nineteen (19) single family houses to be built by Habitat for Humanity of Collier County, Inc. in Naples Manor and to fund said waivers from Affordable Housing Trust Fund, Fund 191. Resolution 98-190 through Resolution 98-208 8) Lien Resolutions - Code Enforcement Case Nos. 60528-024, 6C924-047 & 61002-020, 610!7-120, 61017-121, 61017-164. Resolution 98-209 through Resolution 98-213 9) Lien Resolutions - Code Enforcement Ca~e ~:~;. 61030-049, 70103-017, 70107-066, 70213-021, 70214-008. Resolution 98-214 through Resolution 98-218 i0) Lien Resolutions - Code Enforcement Case Nos. 70228-051, 70321-036, 70324-030, 70408-018, 70408-061. Resolution 98-219 through Resolution 98-223 Ii) Lien Resolutions - Code Enforcement Case Nos. 70902-084, 71010-027, 7121~-~29 Resolution 98-224 through Resolution 98-227 70806 -05V, 12) Recommendation to approve Excavation Permit No. 59.636 "Stan Weeks Homesite and Com~,ercial Ezcavation" located in Section 28,~ownship 47 South, Range 28 eas]; Bounded on the north by 66'-' Avenue N.E. on the south and 7, est by land zoned Estates, and on the east by the Faka Union Canal. with stipulations 13) Recommendation to approve Excavation Permit No. 59.609 (MOD) Glen Eden-Lake 5 located in Section 9, Township 48 South, Range 25 East, bounded on the north by the Retreat PUD, on the east by Falling Waters North multi-family, on the south by undeveloped RSF-4 and on the west by Arbor Trace PUD. with stipulations 14) Final Acceptance of sewer facilities for HRS site. 15) Final Acceptance of water facilities for Bridgewater Condominium. 4/0 (Commissioner Mac'Kie abstained) 16) Deferral of one hundred percent of impact fees for a 210 unit affordable housing project to be built by a Florida Limited Partnership known as College Park Holdings, LTD., affordable rental units, and subordination of lien. Resolution 98-228 Page 7 June 23, 1998 Deleted 17) Request to approve for recording the final plat of "Wilshire Lakes Phase Two-A". with stipulations 18) Budget amendment request to establish the Metropolitan Planning Organization (MPO) budget for grant year 1998-1999. 19) Request to approve for recording the final plat of "Brittany Place Phase I", and approval of the performance security. with stipulations 20) Authorization to enter into an agreement with Perconti data Systems, Inc., to upgrade and complete an Integrated Management Information System for the Community Development and Environmental Services Division. 21) Request to approve for recording the final plat of "Brittany Place Phase 2", and approval of the performance security. with stipulations PUBLIC WORKS i) Petition AV 98-007 to disclaim, renounce and vacate the public's interest in the remaining portion of a 60' wide and 30' wide road right of way, utility and drainage easement located in Section 25, Township 48 South, Range 25 East, Collier County, Florida. 2) Approval of ,~ Resolution to officiate a temporary road closure and speed limit reduction during construction of the Airport-Pulling Road Bridge Project at Junction with Immokaice Road. Resolution 98-229 3) Approve a Joint Supplemental Interlocal Agreement with Lee County for planning of design and construction stages for Livingston Road improvements at the Lee/Collier Line, CIE Project No. 021. 4) Approve a Supplemental Agreement with Collier Naplescape 90's and George Botner, ASLA, for additional services for the Phase 1 Davis Boulevard Median Landscape Project (U.S. 41 to C.R. 31). 5) Accept and approve cost reimbursement by Sprint for work by County as part of the Rattlesnake Hammock Road Four Laning Construction Contract, Bid No. 95-2441. In the amount of $58,287.10 Page 8 June 23, 1998 Moved to Item t8B1 6) Presentation of the Preliminary Feasibility Study for the Haideman Creek Restoration Project. 7) Approve Change Order No. 1 to Hole Montes and Associates, inc. for engineering services related to the Reclaimed Water Back Pressure Sustaining Valves Project, Work Order No. HMA- FT97-1, Project No. 74020. In the amount of 52,462.00 8) Approve funding for NCRWTP concentrate pumping station header piping replacement. Added 9) Approve Supplemental Agreement No. 4 with Hole, Montes & Associates, Inc. for the i~okalee Road Siz Lane Improvement Project. (Staff's request) C. PUBLIC SERVICES 1) Approval of Amendment No. 1 to Library's original agreement with Data Research Associates, Inc. 2) Execute an access easement in favor of the North Naples Fire Control and Rescue Distrit for the Veuerans Park Center PUD. 3) Approval of an agreement to terminate lease with TECH of Collier County, Inc. 4) Authorize funds for staff to purchase additional parking lot lights for Bayview Park. 5) Approve a lease agreement with the Marco Island Flotilla, inc. 6) Approve agreements with performers for Jazz Festival. D. SUPPORT SERVICES 1) Agreement between Collier County and the National Weather Service fcr the Transfer of NOAA Weather Radio Transmitter; and Request to Waive Bid Requirements to Purchase the Equipment Specified by the National Weather Service. Res. 98-230 E. COUNTY ADMINISTRATOR 1) Budget Amendment Repor5 BA 98-287, 98-291, 98-295, & 98-294 Page 9 June 23, 1998 Added 2) Authorization for the County Administrator to approve consent and emergency items during the Board's scheduled recesses. F. BOARD OF COUNTY COMMISSIONERS G. MISCELLANEOUS CORRESPONDENCE 1) MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED. H. OTHER CONSTITUTIONAL OFFICERS 1) Recommendation to approve the use of Confiscated Trust Funds to purchase specialized equipment by the Collier County Sheriff's Office. 2) Recommendation to approve a budget amendment to recognize additional Fiscal Year 1997/1998 revenue in the Confiscated Trust Fund 3) Recommend that the Board of County Commissioners sign the Certification of Acceptance of the $19,972.00 Subgrant Award for the anti-Drug Abuse Grant #98-CJ-6J-09-21-01-202/Street Grant Prevention and Apprehension Program and approve the related budget amendments. 4) Recommend that the Board of County Commissioners sign the Certification of Acceptance of the $46,012.00 Subgrant Award for the Anti-Drug Abuse Grant #98-CJ-6J-09-21-01-201/Serious Habitual Offender comprehensive Action Plan (SHOCAP) Program and approve the related budget amendments. I. COUNTY ATTORNEY 1) Recon%mendation to the Board of County Commissioners to approve the mediated Settlement Agreement in the case of Sunshine Excavators, Inc. v. Collier County, Case No. 97-1760- CC-11-EC?, to authorize the payment of the agreed upon amount, and to authorize the Chairman to execute all necessary settlement documents, upon review and approval by the Office of the County Attorney. AIRPORT AUTHORITY 1) Board appropriate $313,300 from the Countywide Capital Fund Reserves for a transfer to the Airport Authority Capital Fund 5o cover a budget shortfall in the Immokalee Regional Airport Manufacturing Incubator project, approve the budget amendment Page 10 June 23, 1998 and award Bid to Quality Control Builders, Inc. in the amount of $920,287 subject to purchasing's 10-day protest period. (Staff's request) 17. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOUI.D BE MADR TO THE COUN"i"f ADMINISTRATOR'S OFFICE AT 774-8383. PaGe 11 AGENDA CltANGE.¥ BOARD OF COUNTY COMMISSIONEIZ¥' MEETING JUNE 23. 1998 ADD: ITEM 16(B) (9) - A PPRO VE ,¥UPiq. lfMF. NTA I./! GREESIENT NO. 4 WITtt HOLE, MONTES' AND A.¥.¥OCTAT£:¥, INC. FOR TIlE IMMOKALEE ROAD SIX I~4NE IMPROVEMENT PROJECT. 6¥TAFF'S REQUES'I). ADD: ITEM I6(.0(1) - BOARD APPROPRIATE $313,300 FROM TttE COUNTYWIDE CAPITAL FUNI) RESERVE.¥ FOR TRAN.¥FER TO TIIE AIRPORT AUTHORITY CAPITAL FUND TO COVER /t BUDGET S'ItORTFALL LV THE L~IMOKALEE REGIONAL AIRPORT MANUFACTURLYG LVCUBATOR PROJECT, APPROVE THE BUDGET AMENDMENT AND AWARD BID TO QUALITY CONTROL BUll. DEIL¥, INC. IN THE AMOUA'T OF 5920,287 ,¥UBJECT TO PURCtL4S'ING'S IO-I)AY PROTEST PERIOD. 6gTAFI"'.¥ REQUESI). DELETE: ITEM lO(..t) - FOUR YEAR REVIEW OF THE ENVIRONMENTAL POLICY TECftNICAL ADI/L¥ORY BOARI) (EPTAB) WITII ,¥TAFF RECOMMENDATION TO CO~:¥OLID,4TE EPTAB ~qTtf TIlE E. VIVRO:~SIE, VTAL ,4DVI.¥ORY BOARD (EAB). (C03L~IlS'SIO,X'ER .~ 1.-t C'KIE). DELETE: ITEM 16(.t)(I) - REQUE.¥T TO Al'PROVE FOR RECORDING TlfE FINAL PLAT OF PVE.¥TI,TEIV PI~4ZA REPIMT AND APPROI(4L OF TIlE PERFORMANCE SECURITE 6¥TAFF'S REQUESI). DELETE: ITEM 16(..t)(2) - RE(2UE.¥T TO APPROVE FOR RECORDLYG THE FIt%91L PI. AT OF KEA:$'LVGTON PARK PIL4.¥E FOUR A.VD ..II'PROI'~4L OF TIlE PERFORSLtNCE .$'E£'URITE 65'1~-t FF'.$' REO_UI:'.¥1). DELETE: ITEM 16(..~)(3) - REq£'ES'T TO APPROVE FOR RECORDLVG TttE FLM. IL PLAT OF MOA'I' CL4IRE AT PELI£;.t.V MAR.¥It .4.VD APPROVAL OF TIlE PERFORMA NCE .¥ECURITE DELETE: ITEM 16(!1)(I) - PETITION AV 98-007 TO DLYf.7~.tL~,L RENOUN(.'E ANI) VACATE THE PUBLIC,.¥ LYTERE.¥T L¥ TttE RE3LqL'VI.¥G PORTIO.¥ OF A 60' WIDE AND 30' ~71)E ROAD RIGHT OF WA E t.'TIL1rr .4.Vl~ DR.-tI~'%tGE £4.¥EMENT. (.¥TA FF'.¥ RE(?UE.¥7). MOVE: ITEM Ir,(il)(6~ TO 8(B)(I) I'RI'~.¥ENTATIO.V OF TIlE PRELL~IIN/tRY FEA.¥IBILITY ,¥TUDY FOR TIlE tL.ILDEMAN CREEK RE.¥TORATION PROJECT. 6¥TA FF'S' REQUE.$'7). 8A2 M~O~ Date: To: Frora: Re: October 16, 1998 David Weigel, County Attorney Office of the County Attorney Eilie Hoffman, Deputy Clerk Minutes & Records Department Legal Services Agreement Between the Board of County Co~r, issioners and Robinson & Cole, LLP Enclosed for your use please find one original document as referenced above, Agenda Item #8A2, approved by the Board of County Commissioners on Tuesday, June 23, 1998. If you should have any questions, please contact me at: Thank you. Enclosure LEGAL SERVICES AGREEMENT Tills I.I'X;AI. SILl{VICI:..',; A(iI,II'~I'~MI'iNI' (hcrcinalicr rcfcrrcd Io i,s Iht "Agreement") made and entered into this ~3' da5' of ~i". 1998. by and bctu,'ccn thc BOARD OF COliN'FY COMMISSIONERS OF COI.I.IF.R COIJN'I"Y. FI.¢)RII)A. (hereinafter rcfcrrcd to as the "Board" and/or "County"), and ROBINSON & COl.[:. l.I.P, with offices at ()nc Boston Place. Boston. MA 02108 ~hereinaficr referred to as the "Firm" ). WIINESSETtt WIIERIiAS. on June 2. 1998 the Board of County Commissioners directed stall' of thc Community Development and Environmental Sen'ices Division ("Staff") to prepare amendments to thc Comprehensive Plan to reduce density in both the Urban and Agricultural/R. ural Areas. to investigate the potential of a Transfer of Development Rights (TI)R) Program fi, cused in and around thc Immokalcc Urban Area. and to prepare an economic analysis of thc proposed changes in density (the "l)cnsitv Reduction Amendments"): \\'IlEP, i~:\S, upon the recommendations of Stall: the County Attorney and thc Collier County Risk Management Director. the Board has determined that it is in the County's interests to retain the scniccs ora legal consultant and an economic consultant to assist the County in assessing thc Icg:,l defensibility of the I)ensitv Reduction Amendments and recommending such changes to thc I)cnsitx Reduction Amendments as ma)' bc appropriate: \VIlI~RE:\S. the Firm of Robinson & Cole is a nationally recognized lax,,' firm with expertise in thc takings issue and has participated in thc development of successful TI)R programs around thc 8A2 WI ti(RI::\.";, l)r. James Nicholas from the University of Florida specializes in economic impact studies and thc development of transfer of development rights programs and has worked with the Firm in the development of many of these programs. .NOW. 'I'tlF. RI-:FORi';, thc parties hereto, in consideration of tile prenliscs and thc covenants contained herein, mutually agree as follows: A. 'Iht Firm is hereby retained by the Board to assist Staff and tile Board in connection with thc Density Reduction Amendments as referenced in thc Recitals hcrcabovc. 1½. The Firm shall review all documents, correspondence, communications, etc.. in connection with and assist in thc preparatMn ~I' thc Density Reduclion Amendments and shall. thr(,ugh thc a~,,,istancc of l)r. James Nicholas from thc I'niversitv of Fh~rida. prepare such anatxscs as arc ncccssar2:' to assess thc legal defensibility of the Density Reduction Amendments and make appropriate recommendations in connection with such Amendments. C. 'Iht Board hereby agrees to pa.,,' thc Firm as compensation for sen'ices rendered at the Firm's current hourly rates, an amount m~t to exceed $60.000. pius expenses, to bt: billed and paid (ma m(,nthlx basis. The Firm's current hourly rates lhr partners x~h() may work on thc Density Reduction Amendments range from $210 to $280. for associates, from $130 to $180. and fi~r paralcgals'land usc analysts, from $80 to $1 I0. 1). '[ hc l~,oard hereby agrees to reimburse thc Firm for actual costs incurred including costs ,ff out-of-county travel, mailing, copies, facsimiles, telephone and document transmittal expense (c.g.. "Federal Express". crc.) incurred pursuant to this Agreement. provided that such costs arc supported by appropriate documentation submitted to thc Community Development and I'-~nvironmental Services Division and revicxved and approved for legal sulticicncy by tile County Attorney. The usc of a multiplier for these expenses/production costs is not allowed. Per diem and travel expenses will be reimbursed in accordance with Section 112.061. Florida Statutes. entitled Per Diem and Travel Expenses of Public Officers. Employees and Authorized Persons. ms amended. ]'his requirement currently includes, but is not limited to. expenses such as automobile travel expenses reimbursement at $0.29 per mile and meal expenses reimbursements Breakthst 53.00 l.unch $6.(1(I Dinner 512.00 f-.'. ,,\ statement or invoice for legal sen'ices and direct costs incurred by the Firm shall be billed to tile Community Development and Environmental Services Division on a monthly basis. All invoices shall contain, at a minimum, tile l'ol!mving inlbrrnation: 1) thc proper name of the payee as it appears in the Agreement: 2) tile dale of thc invoice: and 3) tile description of services and thc time period in which billable se~'ices ,,,,'ere rendered. All payments and thc resolution of any disputes regarding such are subject to and shall be processed in accordance vdth Part Vii of Chapter 218. Florida Statutes. other\vise known as "The Florida Prompt l'aymcnt Act." F. The Firm shall be solely responsible to panics with whom it shall deal in carrying out the terms of this Agreement and shall subcontract to Dr. James Nicholas such economic analysis as is necessary l'or the Firm to perform its responsibilities to the Board under this Agreement. Thc Firm shall carD,' l,awycr's Prt~lL'ssional l,iabilitv insurance in an amount not less than 5500.1'100 per occurrence. An insurance certificate evidencing this l.awycr's Professional "8A2 at thc following rates: Liability insurance requirement shall be tendered to the Risk Management Department within fourteen ¢ 14) days of thc date of this Agreement. Current. valid insurance policy(les) meeting thc requirement herein identified shall be maintained bv the Firm during the duration of this Agreement. Renewal ccrtiticatc(s) shall be sent to the County ten ¢10) days prior to thc expiration datc~'s~ on an,.' such policy(its). There shall be a thirty (30) da5' notification to thc Board in thc event of cancellation or modification of an5 stipulated insurance coverage. G. This Agreement shall be administered on behal f of thc County by the Cmnmunity L)evclopment and Environmental Scrxices Division in coordination with the County Attorney. Il. The Firm agrees to obtain and pay for all permits and licenses necessary tbr the conduct of its business and agrees to comply with all laws governing the responsibility of an emplo.~cr with respect to persons employed by the Firm. The Firm shall also be solely responsible for payment of an,.' and all taxes levied on the Firm. In addition, the Firm shall comply with all rules, regulations and laws of Collier County. the State of Florida. or the U.S. Government now in lbrce or hereafter adopted. I. Either party may terminate this Agreement for convenience with a minimum of fi~nx-tix'c ~45~ days written notice to thc other party. 'I'i~c panics shall deal with each other in good faith during the l'brly-five (45) da5' period after any notice of intent to terminate lbr convenience has been given. The County reserves the right to terminate Ibis Agreement immediately, fi~r cause, upon written notice to the Firm. IT l.',; FUR'HIER UNDERSTOOI) AND AGRF, ED. by and betv.'ccn thc parties herein. that the Agreement is subject to annual appropriation bv thc Board of County Commissioners. IN WI'INESS WtIEREOF. the Firm and the Board have each. respectively, bv an authorized person or agent, hereunder set their hands and seals on thc date and )'car first above '~xittcn. WITNESSES: (PRINTED Wi~ESS SIGNATL'RE) N.~N & C()~ ~y: Brian W. Blac~'scr Its: Partner ATTEST DWIGI ff BROCK. CI,ERK BOARD OF COUNTY COMMISSIONERS C()I,i,IER COUNTY. FI.ORIDA Barb~i i~-. Berry. Cha'~rrnan ~,- Approved as to form and legal sufficiency: County Attorney ,,\pproved by: Jeff Walker. ARM Risk Management Director Approved by: Vincent A. Cautero Community Development & Environmental Services Administrator 5. PROCLAMATIONS AND SERVICE AWARDS A. PROCLAMATIONS B. SERVICE AWARDS C. PRESENTATIONS l) Ted Soliday, Executive Director of the Naples Airporl Authority and Wilson, Miller, Barton & Peek representatives ,,,.'ill present a planned landscape and environmental improvements project to include Airport Road turn lane improvements. Presented - Staff to continue to work with Airport (Consensus) 6. APPROVAL OF CLERK'S REPORT A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES. 7. PUBLIC PETITIONS A. Barbara Corneal requesting fee waiver - Veterans' Park fund raiser." Approved - 5/0 B. Whit Ward representing the Collier Building Industry Association, Inc. requesting a fee waiver. Staffdirected to bring back with options on July 28, 1998 8. COUNTY ADMINISTRATOR'S REPORT A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) The Board of County Commissioners approve funding to allocate Tourism Development Funds to the County Parks and Recreation Department for a Jazz and Arts Festival. Approved 5,0 2) Recommendation that the Board of County Commissioners authorize staff to retain legal services to assist in the preparation of Comprehensive Plan Amendments regarding Density Reduction. Approved with Robinson and Cole and Dr. James Nicholas - 5/0 Formal competition waived 3 RESOLUTION NO. 98- A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ENDORSING THE 1998 MEMBERSHIP REAPPORTIONMENT PLAN OF THE NAPLES-COLLIER COUNTY METROPOLITAN PLANNING ORGANIZATION Whereas, the voting membership of the Naples-Collier County Metropolitan Planning Organization, hereina~er "MPO', ~urrently comprir~ed of elected representatives of Collier County and the incorporated citie~ of Naple$ and Everglades City, Where~z,, the MPO is comprised of seven (7) voting members including two (2) members from the Naples City Council and five (5) members from the Collier County Board of Commissioners; Whereas, the City of Marco Island is the only local government within the metropolitan area not currently represented on the IMPO; Whereas, the City Council of Marco Island adopted on March 23, 1998 and forwarded to the MPO a resolution requesting voting membership in the MPO and indicating its willingness to be apportioned one (1) voting representative from the City Council; Whereas, in accordance with Title 23 United States Code, Section 134 (b); Part 23 Code of the Federal Regulations, Section 450.306; and Sections 31 !, and 339.175 (2), Florida Statutes, the Governor of Florida is required to review the membership composition of the MPO to ensure that the established MPO membership is consistent with federal and state requirements; Whereas, the MPO developed a reapportionment plan that was recommended by its Technical Advisory Committee and Citizens Advisory Committee; Whereas, the 1998 MPO Reapportionment Plan recognizes the economic and geographic character of the City of Marco Island; Whereas, the Naples-Collier MPO unanimously approved the recommended reapportionment plan on April 24, 1998; NOW, TtlEREFORE, BE IT RESOLVED by the Collier County Board of Commissioners that: SECTION I, The Collier County Board of Commissioners endorses the 1998 Reapportionment Plan of the Naples-Collier County Metropolitan Planning Organization which provides for the MPO membership to include one (I) member of the Marco Island City Council, two (2) members o£the Naples City Council, and five (5) Collier County Commissioners. SECTION 2. That this Resolution shall take effect immediately upon adoption. This Resolution adopted after motion, second and majority vote. Dated this day .,2,,~, of ,,. ..... 1998. ~'8A $ ATTEST: DWIGHT E. BROCK, CLERK COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS FIRST AMENDMENT TO TRANSPORTATION DISADVANTAGED FUNDING AGREEh,tENT THIS FIRST AMENDMENT TO TIlE TRANSPORTATION DISADVANTAGED FUNDING ,S, GREEMENT, is made and entered into this "" day of '.zc._ .o, , 1998 by and between Good Wheels, Inc., hereina~er referred to as 'Good Wheels" and Collier County, a political subdivision of the State of Florida, hereinaffter referred to as "County". RECITALS WItEREAS, Good Wheels and County entered into a Transportation Disadvantaged Funding Agreement dated October 14, 1997 (the "Original Agreement") for the purpose of purchasing transportation services for the disadvantaged in the amount of $100,000; and WHEREAS, Good Wheels has been designated Community Transportation Coordinator by the State of Florida Transportation Commission, pursuant to Chapter 427, Florida Statutes; and WtlEREAS, County has received a grant of $381,550 from the State of Florida, Transportation Disadvantaged Commission; and whereas this grant has been expended to date due to service demand; and WItEREAS, the lack of Transportation Disadvantaged Commission trust fund grant dollars has required Good Wheels to limit transportation services; and WHEREAS, the Collier County Local Coordinating Board Prioritization Policy For Non- Sponsored Trips states trips may be denied sponsorship when funds are exhausted; and WIIEREAS, the Prioritization Policy categorizes and defines priorities as follows: MEDICAL- medical, dental, therapeutic services including hospital appointments; clinic visits; dialysis; health department; EMPLOYMENT- work or employment training education such as JPTA, Job Service and vocational technical schools. NLtTRITIONAL- adult congregate meal programs, breakfast programs, food stamp procurement and food shopping trips. SOCIAL- agency related support services such as those through fIRS, DVR, mental health centers, churches, senior citizen programs. PERSONAL BUSINESS- non-agency activities essential to maintenance of independence including banking, shopping, legal appointments. GROUP RECREATION- Group trips booked through a single reservation request for non-essential, non-employment related activities such as bowling, bingo,, beach, parks, libraries, theaters. INDIVIDUAL RECREATION- trips requested by an individual for non-essential, non-employment related activities; and i o8 WItEREAS, Good Wheels is reimbursed on a monthly basis in the amount of $8,500 for the purchase transportation services in accordance with "Original Agreement"; and WHEREAS, as of June 30, 1998, $13.001 in the "Original Agreement" will remain to be reimbursed through September 30, 1998; and WIIEREAS. in addition, FY 1996-97 transportation disadvantaged carry-over funds in the amount of $25,115.84 are shown as unencumbered; and W}fEREAS, due to the lack of accessible funds and in accordance with the Priodtization Policy, Good Wheels has been required to limit transportation services provided under the terms of the "Original Agreement"; and WHEREAS, as it is Good Wheels intent to provide transportation services to the maximum extent possible, Good Wheels has requested changes to the "Original Agreement"; and WHEREAS, the County agrees to the requested changes WITNESSETH: NOW. THEREFORE, 1T IS MUTUALLY AGREED AS FOLLOWS: :. Paragraph 2 of said Agreement is amended to read as follows: "2. The County shall: 3.. Reimburse Good Wheels on a monthly basis for the billable miles of non-sponsored trips that exceed the reimbursement coverage of the Transportation Disadvantaged Commission's Trip Equipment Grant. Reimbursement shall follow the Good Wheels Urban and Rural Rate Structure as established in Good Wheels Memorandum of Agreement with the Florida Transportation Disadvantaged Commission, for a maximum of $38,116.84 for the period through September 30, 1998. 2. Paragraph 3.C of said Agreement is amended to read as follows: "C The entire obligation ofthe County under this Agreement shall not exceed $138.35284" 3. Except as set forth herein, all of the terms ofthe Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, Good Wheels and County have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written DATE ATTEST: DWIGHT E. BROCK, CLERK WITNESS: Approved as to form and legal sufficiency David Weigel County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BARBARA B. BERRY.'CHAII}~AN' Good Wheels, Inc. Deloris J. Sheridan, PrUdent First Amend 062398 ! OF PA~.S (:Luc.l.ud.Lng this 12B1 ili111111111111111111111111111111111111111111111111111111.111111 N~..TI~I"tM:I 'Bq, JIA~W ili11111111111111111111111111111111111111111i111111111111111111 PHOHE ' NO: Coliie~' Count'i? CO~s-'t:ho~se (81~) 77~-8~08 , (81:3) 774-8406 00°01'25 J 94199287i? 0v i 00; 01' 17 92634E~6a 0~. 11 1 2 .3 E~:~C~IC ~8C~8~11 COLLIER COUNTY FLORIDA R.E. QU'EST FOR LEGAL ADVERTISING OF PUBLIC iIEARINGS To: Clerk to Ibc Board: Plca.,,e place thc following as a: ,'CXX Normal legal Advertisement (Display Adv. location, etc.) [] Olhcr: Originating Dept/Div: Comm Der Se~'/Planning Person: ~J~'/ ' / ~' *'" Date: Petition No. (if none. give brief description): PUD-96-14(1 ) Petitioner: (Name & Addrcss} Sunco Building Corporation, '~r,t~) Vandcrbilt Beach Road Exlcnmon, N:,plcs, FL 34119 Name & Address of any person{s) to be notified by. Clerk's Office: (If more space is needed, atlach separate sheet) Mr. Wayne Arnold, AIQP, Wilson, Miller, Barlon & Peek, inc., 3200 Bailey Lane, Suite 2Iff), Naples, FL 34105 Heanng before :,L'CX BCC BZA Other Requested Heanng date: .-.C? '~¢ N~pal~r~s} to be u~l: ~Compl~tc only if imporlanH: Based on advertisement appearing 15 days before heahng XXX Naples Daily News Other [] Legally Required Proposed Tcxl (Include legal description & common location & Size: Companion petition(s), if any & proposed heariltg date: / Does Petition Fee include adverlismg cosl7 [~'/Yes [] No ]f Yes. what account should be charged for adverlising costs: i 13-I 38323-,"~91 I¢) Approved by, Division tlead Date Counl,,. Manager List Attachments Dale DISTRIBUTION INSTRUCTIONS For hearing.s before BCC ar BZA: Initiating person to complete one co.,,' and obtain Division Head approval before submitting to County Manager. Note: If legal document is invoh'ed, be sure that any necessa~' legal review, or request for same. is submitted to County Attorney before submitting Io County Manager. The Manager's office will distribute copies: [] Count)' Manager agenda file: Clerk's omce F'] Requesting Division [] Original B. other heanngs InmaHng D,vis,on head to approve and submit original to Clerk's Office. retaining a copy for file. FOR CLERK'S OFFICE USE ONLY: Date Received: Date of Public hearing: · -~- ,'" Date Advertised: 12B1 ', May 26, 1998 Ms. Judith Flanagan Naples Daily News 1075 Central A';enue Naples, Florida 33940 Re: Notice of Public Hearing to consider PUD-96-14(1), Island Walk PUD Dear Judi: Please advertise the above referenced notice one time on Sunday, June 7, 1998, and send the Affidavit of Publication, in duplicate, together with charges involved to this office. Sincerely, Maureen Kenyon, Deputy Clerk Encl. Purchase Order rio. 803277 12B1 r;OTiCE OF INTENT TO CONSIDER ORDINANCE :;otice iz hereby gi';en that on TUESDAY, JUNE 23, 1998, in the Boardroom, 3rd Floor, Administration Bui]dinq, Collier County Government Cent,::, ~3§i East Tamiami Trail, Naples, Florida, the Board of County Co~miszioners wi]] con::id,,r ?ho ,.n~ct.m,~nt ,3£ a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: A2: ORDiTiA~:CE AME:TDI~TG ©PDII~ANCE r;tH4BEP 97-6, ;:S ;44ENDED, THE ISLAND :';ALK ?LA:;::EL '1::11 DEVELOPMENT BY PROVIDING FOR: SECTION ONE, A24E::DME}:TS 70 TABLE i, ISLA~D WALK DE'/ELOPME~;T STANDARDS FOR "R" RESIDE::TiA' '~-'~ ~...:~.~ OF SUBSECTION 3.5 DEWELOPMENT STANDARDS; AND, SECTiO:: -'"~ ECTiVE DATE Pel:'ion ':c. P'/D-96-14.~i), Wayne Arnold of Wilson, Miller, Barton & Peek, inc., representing Sunco Building Corporation, requesting to amend ~he -"land ?;-~-k ?UD, Ordinance r;umber 97-6, for the purposes of modifyin~ 'he deve'opment standards in Table 1 by changing the minimum site area requlre:~.ent from 2,500 square feet to 2,230 square feet and ~':~'~: .... ~ -:de and rear yard accessory building setback requirements fror. 5 feet tci leer for property tocaBed on the north side of ,a ....... - Beach Foad approximately 2 miles ,~ ~ , ~ , - ~a .... of I 75 in Sections and i4, ~'- ...... ..... , ....... i;, 48 South, Range 26 East. A c~py of ~he proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to a-lend and be heard. An',, person ',:h© 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 :ncludes 'he testimony and evidence upon which the appeal is based. BOARD O~ COU::T':' CO>Z,:iSSiONERS COLLIE.: CO'i::TY, FLOF-DA BARBARA = =--:=v ,-' u :. "' ~ ,~A, ;...T D;'iiGHT .:{. E.::Oi'?', ;i. ER?i By: /s.:<aureen Kenyon, Deputy Clerk (SEAL) !2B May 26, 1998 Mr. Wayne Arnold, AICP Wilson, Miller, Barton & Peek, Inc. 3200 Bailey Lane Naples, Fi. 34105 ?.e: Notice of Public Hearing to consider PUD-96-14(1), island Walk PUD Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, June 23, i998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, June 7, 1998. You are invited to attend this public hearing. Sincerely, Maureen Kenyon, Deputy Clerk Enclosure May 26, 1992 Sunco Building Corporation 3650 Vanderbilt Beach Road Extension Naples, Fi. 34119 ~:otice of Public Hearing to consider PUD-96-14(1), island Walk PUD Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, june 23, i998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, June 7, 1998. are invited to attend this public hearing. Sincerely, Maureen Kenyon, Deputy Clerk Eno losure ~et~.=on :;~. P'3D-96-I4(1), Wayne ArnoldI ~ Wilson, :.~iller, Barton & ~eek, inc., representing Sunco Building rporation requesting to %r. enz the 231and Walk PUD, Ordinance Nu~er 97-6, for the purposes of rs~'[n~ tt.e ~eve[opment standards in Table 1 by changing the minimum slte area requirement from 2,500 square feet to 2,200 square feet and reduczng tke slde and rear yard accessory building setback requirements frsm 5 feet to 0 feet for p~operty located on the north 17.81 AN ORDINANCE A24£NDING ORDIXANCE :;UMBER ?7-6, AS Ai~E::EED, THE iSLAND WALK PLANNED UXIT ~=~ ~-/=~CrX=hT, 2'f PROVIDING ONE, A'. = ............ · .i-~*D,'.=...~ ABLE ', '2LAXD ?;ALK ZEVELOPMENT iTANDARDS FOR "~" AREAS ,.F SUBSEiTiCH 2.5 DEVELSPMEXT STA~IDARDS; AXD, SECTION TWO, EFFECTiYE ZATE. :';HEPEAS, :n January 29, 1997, :he Boars of Ccunzy Commissioners ap.~rs'.'ez --r~inance NumDer 97-6, which apprcveG the islan~ Walk Planned Un:~ 2e';~--z~ment 'PUD}; and ;';HEOEAS, icnald W. Arnold cf Wilson, Miller, 5artcn g Peek, Inc., ~et:t:cne.u toe Ecard cf County Commissioners cf Collier iounEy, Flor:da t9 ar. enz -r~inance IIur~er 97-6, as set forth heicx.; ~:OW, ?HEREFORE RE iT ORDAINED, by ~he Eoard cf CounE7 Co~issioners of "%ill,-- Count..;, ~!orida: SE;CUlt:; '';E: AMENDMENT TO TABLE ', iS~ND ;';ALE -E'JELC~MEXT STANDARDS FOR "p" FESiLE::TiAL AFEAS OF 2UESETTiZ:; 1. 5 DEVELOPMENT 3TANDARES Tabi.: i entltleC "isian~ Walk Standards for "R' Residential Areas" of 2:ssezti:n 2.5 entlzle~ "2eveicpmen: StancarCs cf the island Walk PUD (Orcinance ~:o. 97-6), as amenzed, is hereby amenced ts read as follows: T~ 1 ~S~ D~LO~ ST~S FOR "R" ~SID~I~ ~ i00' 25''6 25' 7.5, -~00 £F '50 750 SF I>/ords s___~ruck throuoh- are deleted; words ~ are added. SEC?iCi; TWO: EFFECTi';E DATE This ~ ~-~*nance shall keczme effective upon fi!in9 with the Depa:tzent cf State. ?ASgED AND DULY ADOPTED b7 ~he Board of County Commissioners of Col'~ .......... .......... /, FioriCa, this ~ day of ... _, 1998. ATTEST: DWIGHT E. BPOCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA AP?f-.','ES AS TO FORM AND LEGAl SUFFICIENCY: BY: BARBARA R. BERRY, CHAirmAN MARJOPLI-E :4' STUDENT ASSISTANT --OU[ITY ATTORNEY f/PUD-?6-14 i Words s:ruck throuc~ are deleted; words underlined are added. '2- Nap[es Da~Ly #ers aap~es, ~L 339~) Affidavit of PubLication Napkes DaiLy BOARD OF CCUHTY CO~ISS~Oe~ERS ATTN: NAHCY SALOGU8 PO BOX 41:5016 NAPLES FL ~.101-~O16 REFERENCE: 001230 803277 57702675 ;K~rICE OF laTENT TO State of FLorida COunty of CotLier Before the u~derslgned aut~orlty, personaLLy appeared 8. La~, ~ ~ ~th sa~s t~t S~ serves es the Assistant Cor~rete Secretary of the ~pLes Daily N~s, a daily e~s~r ~bLtsh~ at ~pLes, Jn ColLter C~ty, Flor~: t~t the attac~ ~ of ~vertisi~ was ~bLlsh~ Jo said ~r ~ dates Affiant further says t~t the said ~pLel DaiLy ~s Js a n~s~r ~ltsh~ at ~pLes, Jn sa~d ~[~Jer C~ty, FLo~i~, a~ t~t the said ~s~r ~s heretofore ~ ~LJ~ Jn said CoLLier C~ty, F[orJ~ each ~ ~ ~s ~en ~ter~ as sec~ class ~tter at the ~st office Jn ~pies, Jn ~Jer C~ty, F~ori~, for a ~rJ~ of ~ year ~xt prec~J~ the f~rst ~L~tJ~ of t~ ettach~ ~ of ~vertJs~t; a~ afft~t furt~r ~ys t~t she ~s neither ~Jd ~r prmJs~ ~y ~rs~, firm or c~ratJ~ ~y dJl~t, re, re, c~isst~ or refu~ for the ~r~le of ~ecur~ this ~verttse~t for ~[~tt~ tn the sa~d n~r. PU~.ZSHED Or1:06/07 Al) SPACE: 94.000 INCH FZLED 0~: 06/08/98 Signature of Affiant $~orn to and Subscribed before ~e this ; PerlonaLLy knovn by ~e ,' v ','. / NOTIC~ OF INTENT C~D~NANC~ r~, ~d F~, ~ ~, ~1 Emt Tr~, ~ ~, ~ ~e.~ ~eT~ ~ AN O~DINANCE AMENDING ORDI- NAtE NU~ LA~ W~ UNIT ~L~ BY ~O~ING SECTION ONE, ~NT~ TO ~E 1, ~A~ W~K ~L~NT $TAN- ~B~CT~N 3.5 ~. VELOPMENT ~TAN. DA~DS' A~, ~CTION TWO,' EFFECTIVE DA~. ~ PettiSh NO. PUO-96-14(I), ~ WG'V~e Arnold M ~, ~1~, ~ & Ion4 Wolk PUD, 2,~ ~e f~ ~ re. ~l~ ~ s~ ~ r~ setback requirements ~ V~ 8eoch R~, 75. ~ ~ 33 ~ ~ 26 E~. ' ~ c~v ~ ~ ~ All J~ ~ 3e olnlng ~er~o ~e ~ o V~m ~ARO ~ ~y CO~o~s C~L~ C~NTY ~ 7 ~. ~21~96 12B1 ' ' AS AMENDED, THE iSLAND WAi. F ...... DEVELOPMEHT, kY PPO'/IDING FOR: SEiTiON ;;E, AMEtlDMEIITZ TO TAhhE 1, ISN;../ID WAI,F .... n~OPv, n,~ STANDAPDS FOR "R" ;,?:.AZ O?' C';k2E'77 ~Otl '~. ~, '-;";~-~' AND, 'r~T'O'~ TWO, EFFE';TTM bATE. W.HEPEAi, 0:. /a;,uary 2~, 1997, the Board o: C-.un%y Commissioners ar~ro'/ec 5r'J:r.e--'~ :;umber 27-6, ',.'hich ~;~D_o/_~ tr~,: is!an-/ W~lk Planneci Uni- -~---~ ..... er.l 'PUL); and WHEPEAS, 2tnald W. Arnold of }~ilsc.t, Miller, Barton & Peek, inc., c~iticnec -he Beard of ~ ' ~' .~oJn~y, Florida .,~un.y Commissioners of Co!lief - . ..... n.r 97-6, as .~et forth .... " TNEFRrOPE BE iT OPDAi?:ED, b'/ the Board -,f C-~unty Co~m{ssioners .......... ~ · ~ xv. ........... AdD WALF 5EVELOPMENT STANDARDS F-CF "P" PESiDEHTiA' n~:." OF SUBSECTION 3.5 DEVELOPMENT ," l A:; DAP DS laL';- entitled 'island Walk Standa:ds fo: "R" FesLden~iaL Areas" ' '~"'~ ....... :.~ ~"~'~ D-'ze~cpment StandarCs of the Island Walk PUD '9rdlna;-:~ ;:t. ?'-6., as amended, is hereby amended to read as follows: T~ 1 IS~W~K D~~NT ST~S FOR "R" ~SIDENTI~ ~S I Words szruck thrQugh are deleted; words underline__d are added. $1~e ~ep~ 4veraje - de~ermined ~ dividing the site a by the sl~e wld~h. '2 TE;s ~e~r.~-~ sr.a;i be ~educed privacy '~a;.. General Ncte: ~%r ~n7 ;or or parcel whzch is served by beth m~jtreet an~ an alley, the lot line adjacent pavement. The ~lley ease=chi shall be a ~lnimtaa of 20' wide. ~th 10' pavement. Co.on architectural This Ordinance shall become effective~Upon filing with the Department cf State. PASSEL AND DULY A~PTED by the Board f County Co~missioners of Collie. County, Florida, this ;.~ day ~ ~,~ , 1998. ATTEST: DWIGHT E. BPOCK, CLERK signature A~PROVED AS TO fORM AND LEGAL S -~ "~' · UF~ MARJOPJE M STUDENT ASSISTAN~ ~ ~,~'~,'.~: ATTORNEY BOARD OF COUI;TY COMMISSIONERS COLLIER COUNTY, FLORIDA Words struck through are deleted; '2- are added. STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Oollier County, Florida,i do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 98-58 Wl~ich was adopted by the Board of County Commissioners on the 23rd day of June, 1998, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 24th day of June, 1998. Clerk of Courts and Cier~ Ex-officio to Board o~ '. - County Commissioners, '~ ': y Maureen Kenyon Deputy Clerk COLLIER COUNTY FLORIDA '~, REQUEST FOR LEGAL ADV£RTISING OF PUBLIC II£ARINGS To: ( '.rk to the Board: Please place the following as n: ~ XaCX Normal le~31Advcrtisemcnt [] Other: (Display Ad','., location, etc.) Petition No. (If none. gi,,: brief description): PUD.91.2(1) Petitioner:. ('Name & Address): Robert S. Hardy. 6289 Burnham Eoad. N'a°les. FL 34119 Name & Addm~ of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) William R. Vines, Vines & A~sociate$, [nc., $00 Harbour Drive, Naples, FL 34103 Hearing before XXX BCC . BZA other Nt~vspaper(s) zo be used: (Complete only if important): _ Ba~:d on advertisement appeann§ ! 5 days before heanng. XDO( Naples Daily Ne:vs Other [] Legally Required Proposed Text: (Include legal description & common location & Size: Companion [xtition(s). if an.,,' & proposed heanng dale: Does Petition Fee include advertising cost? ~Y~ r"l No If Yes. what account should be charged for advertising costs: i13-135323-649110 ?0~' ~O3 2--/2 : Reviewed b:,.': ~ 5,,/~:~Fo. ' Approved by: Division Head Date Count,.' Manager Date List Attachments: DISTRIBUTION' INSTRL'CTIONS For hearings before BCC or BZA: Initiating per~on to complete one coy and obtain Division ttead approval before submitting to County Manager. Note: If legal document is involved, be rare that any necessary legal review, or request for same, is submitted to County Attorney before submitting to C6unty Manager. The Manager's office will distribute copies: [] County Manager agenda file: to Clerk's Office Fl Requesting Division [] Original B. Other hearing: Initiating Division head to approve and ~jbrni~. original m Cl~rk's Office, ~emming a copy for file. FOR CLERK'S OFFICE USE Date Received: ,. . ,t. / {/ Date of Public heanng: . i" '-f / Date Advertised: ,~f,., ~f / / 1'~ ~,' · :~ ~ 1 2B2 ii!111111111111111111111111111111111111111111111111111111.111111 iililliliililillillilllillilllililllllilili]iilllllllllllllllll ~O~r~' ~0: co.1..1.ter count-y c~. ~:rtheuse ',:~ (8:!.3) 774,-8~08 , ' (8:].37 774-8406 12B2 May 26, 1998 ~4s. Judith Flanagan ~;aples Daily 1075 Central Avenue Naples, F:orida 33940 Re: Not--'e of Public Hearing to consider PUD-91-2(1), Northbrooke Plaza Dear Judi: Please advertise the above referenced notice one time on Sunday, June 7, 1998, and send the Affidavit of Publication, in duplicate, together with charges involved to :his office. Sincerely, ~-~-~-._./_~ Deputy Clerk Encl. Purchase Order ~$c. 803277 12B2 :;OTICE OF INTENT TO CONSIDER ORDi~;ANCE r;otice is hereby given that on TUESDAY, JUNE 23, 1998, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Com~.issioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.~. The title of the proposed Ordinance is as follows: Ail ORDi:iA:iCE AC.:ENDi:;G ORDINANCE ':~2,1BER 91-102, THE COLLIER COUNTY LA:;D ....... ~' ..- ~'I=~,OP,'~NT CODE, ~'FHiCH iNCLUDES Tn.-. COMPREHENSIVE ZONING REGULATiO:;S FOR THE U~';INCORPOP.ATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDi:;G THE OFFiCiAL ZONING ATLAS ~z,j~p Nb74BER 8619S BY CHANGING THE ZONi:;G CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLA2~;ED UNIT DEVELOPMENT KNOWN AS NORTHBROOKE PLAZA, FOR PROPERTY LOCATED IN THE NORTh~,';EST QUADP3uNT OF 1-75 AND NAPLES-i~,OFJ~LEE ROAD (C.R. 846), IN SECTION 19, TO?~NSHIP 48 SOUTH, PJ~NGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 43 ACRES, MORE OR LESS; PROVIDING FOR -.-."- .-'.EPEAL OF ORDiNA2~CE NLE~BER 91-67, AS A-',:E:;DED, THE FOPJ4ER NORTHBF. OOKE PLAZA PUD; AND BY PROVIDIr.:G A~; m.~: ECTi'/E DATE. P~ti'ion ;:o PUD-9i-2('), · .... . ...... :~iiam R 'fines of Vines & Associates, Inc., representing Robert S. Hardy, requesting a rezone from "PUD" to "PUD" known as ;;ORTHBROOKE Plaza Planned Unit Development for property located in the northwest quadrant of Interstate 75 and NAPLES-I~4OKALEE Road (C.R. 846). A copy of Lke proposed Ordinance is on file with the Clerk to the Board and is a','aiiabie for inspection. Ail interested parties are invited to at%end and be heard. Any person who decides to appeal a decision of the Board will need a recorJ of the proceedings pertaining thereto and therefore, may need to ensure tha~ a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COU:;T':' CO:,~41SSIOi:ERS COLLIER COUNT%', FLORIDA BARBA?3~ 5. BE.RP.Y, C.u_AIp2z~2~ DWIGHT E. BP. OCK, CLERK By: s Ma'~reen Kenyon, Deputy Clerk (SEAL, 12B2 ' May 26, !99% Robert S. Hardy 6289 Burnham Road Naples, Fi. 34119 Re: ;;o%ice of Public Hearing to consider PUD-91-2(1), Northbrooke Plaza Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, June 23, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, June 7, 1998. You are invited to attend this public hearing. Maureen v~,sr,~ Deputy Clerk Enclosure 12B2 May 26, i998 William R. Vines Vines & Associates, Inc. 8C0 Harbour Drive Naples, Fl. 34103 Re: Notice of Public Hearing to consider PUD-91-2(1), Northbrooke Plaza Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, June 23, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, June 7, 1998. You are invited to attend this public hearing. Sincerely, Maureen Kenyon, Deputy Clerk O?.b i KA::':! }z._ 91-i92, THE COLLIER CGU:;TY LAND CODE, WHICH INCLUDES THE COMPREHENSIVE ZONiI;G REGULATIONS ~OR 7HE UN!NCORPOPAiE7 AREA OF COLLIER COU:;7':', FLORIDA, BY ..... u~,~.~ ~ OFFiCiAL ZD:i!NG ATLAZ :;UMBERED 86!9S b'f ~u .... iNG THE -z..~I:l_~.:~O:, OF THE HEREIN DESCP. iEEB PEAL m~OmV:lV -~ ..... mUD,, ........ t..2,', .. TO "PUD" PLANNED UNiT DEVELOPMENT KNOWN AS NORTHBROOKE PLAZA, FOR zmOm~mTV LOCATED it; THE "~ ........ ~,~..TH~'~=z , QUADRANT OF i-75 AND NAPLES-IMMOKAi. EE POAD (C.R. ~46), iN SECTION i9, TOWNSHIP 48 SOUTH, PANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSiSTiNG OF 43 ACRES, MORE OR LESS; PPOV!DiNG FC'R THE REPEAL OF ORDiNA:iCE NUMBER 91-67, AS AXEUDED, THE FOPXEP. ::9PTHBP, OOKE PLAZA PUD; AND BY ~R$';ibit:c Al; EFFECTIVE DATE. .............. - ...... represencing Robert S. Ha~-;', be2itioned the Board of County 'Cst_mi sioners to t~ zcr, lr.c ~-'~. .... ~'~icr, ~ th~ ~-.~.- :.:. ]escrib.~-i re:~ t,.~,, .zr.~:.r.~E EL iT C~;Ai':ET. EY THE ~OAP. D O~ COUNTY gOJ'::':iSS!ONERS 0~' SECTiO;; ~":': 7he ;:z:.ir.7 ":as::ifzcetlor, z~ the herein desc:iteZ :cai property ......... - ............ '' "F"'L" ;fanned Unit accorzar, t-e .,.:-:. '_:.e PUD tztzmer, t, a-te;t;-.ed he:'e-: a:~ ........ : .... - . ..--reit. ar.d hi,, . ........ -: ~.ade Far- r. ere:;. the Collie: T_ :::ll, 12ni 2e'.'elc~.eLl l'3i=, are herety ar. ended accsr!inul.,.. SECTION !X3,: Ordlra:r.-: : :-her 91-67, as ar. ended, knowr, as the ::3rt_h~rooke Plaza PUD, as- ~ ~,~,Leu ~:. .lul)' 35, i29i bv ~ Eoari of n ............ SECTION THPEK: T~:~ Ori:r. anse =~ai1 b__o .... ~tf~-zi',= uson filing wi~e the . 12B2 Co~lier C~_,u:,:'.,', F2::/da, this ___ day cf , 1998. ATTEST: DWIGHT r. L.~;--?:, C'erk 5OAFD OF COU:ITY COMMISSIONERS COLLIER COU:;T'£, FLORIDA Approved as ~c F~rr. and Legal Chairman Marjorie M. Student Assistant ~o"ntv_ ~. , Attorney 5-14-98 12B2 NORTHBROOKE PLAZA A PLANNED UNIT DEVELOPMENT Prepared for: RSH of Naples, Inc. Prepared by: Vines & Associates, Inc. 800 Harbour Drive Naples, Florida 34103 Phone: (941) 262-4164 Date Filed: Date Revised: Date Recommended by CCPC: Date Approved by BCC: Ordinance Number: EXHIBIT "A" !2B2 TABLE OF CONTENTS SECTION I. SECTION II. SECTION III. SECTION IV. ATTACHMENT "1" LOCATION MAP STATEMENT OF COMPLIANCE PROJECT PLANNING TEAM PROPERTY OWNERSHIP AND DESCRIPTION PROJECT DEVELOPMENT PROJECT DEVELOPMENT REGULATIONS DEVELOPMENT COMMITMENTS PUD MASTER DEVELOPMENT PLAN Ill 4 8 13 LAST .12132 CI~, LIffG i -,:&'.Z.2 C:(.]l.l_ll:l~ C(~UHIY, FLORIDA NOR II IIJI~,(9(.]I',E PLAZA I_OCA'IIOt,~ MAP LEE CtlTY COLLIER 88.102 STATEMENT OF COMPLIANCE The development of 39.9 acres of land in Collier County as a Planned Unit Development tu be kr~own as Northbrooke Plaza, together with development of a 2.855 acre access road, will be in compliance with the planning goals and objectives of Collier County as set forth in the Comprehensive Plan. The commercial and residential facilities developed within Northbrooke Plaza will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: o o The Future Land Use Element of the Collier County Growth Management Plan provides at page LU-1-31 that 'if any project is 75% within an Activity Center, the entire project shall be considered to be within the Activity Center." Slightly more than 80% of the subject property lies within an Interstate Activity Center. The Future Land Use Element provides that, at page LU-1-30, Activity Centers are intended to be mixed use in character, i.e., commercial, residential, institutional. Northbrooke Plaza will bea mixed use project. The Future Land Use Element density rating system provides, at page LU-1-24 tha; wilh respect to residential development, "if the project is within an Activity CenTer, up to 16 residential units per 9,ess acre may be permitted." The residential component of the project complies with this provision. The project will be served by a complete range of services and utilities, including potable water, sanitary 'waste treatment and disposal, electric power, telephone, cable television, solid waste removal. The project will be in complianc~ 'with all applicable County regulations including the Growth Management Plan. All final local development orders t'or the project will be subject to the Adequate Public Facilities Ordinance. 5-14-98 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 12B2 1.1. 1.2 1.3. 1.4. 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 to be developed under the project name of: Northbrooke Plaza. LEGAL DESCRIPTIOH The project site is 39.9 + /- acres in area. The legal description of the project follows this page. PROPERTY OWNERSHIP Title to the property is currently in Land Trust//5405, held by Richard K. Bennett, Trustee. GENERAL DESCRIPTION OF PROPERTY AREA A. The property lies in the northeast quadrant of the 1-75/Immokalee Road interchange in Section 19, Township 48 South, Range 26 East. B. The property is PUD, proposed to be rezoned to PUD Planned Unit Development for commercial, residential, and related uses. 1.5. PHYSICAL DESCRIPTION The property is bounded on the south and west by the Immokalee Road Canal and lies within the Cocohatchee River watershed. Elevation ranges from about 11.5 feet to 13 feet above mean sea level, averaging about 12.25 feet. Wetlands on the property are limited to a .49 acre triangular area in the southeast corner of the property. Most of the vegetation on the property is pine and associated upland plants. The southwesterly portion of the property was cleared and used as a storage/work area when the 1-75/Immokalee Road interchange and the associated canal relocation construction was undertaken. Soil types on the property are predominately Arzell fine sand. There is a minor area of Broward fine sand along the westerly edge of the property, and a"small amount of cypress swamp soil at the southeastern edge of the property. A parcel of land located in the Southeast quarter of Section 19, Township 48 South, Range 26 East, Collier county, Florida, being more particularly described as follows: Commence at the Southeast corner of Section 19, Township 48 South, Range 26 East, Collier County, Florida, thence run South 89°34'36" West along the South line of the Southeast quarter of the said Section 19 for a distance of 100.00 feet; thence run North 00'42'54" West parallel with the East line of the Southeast quarter of the said Section 19 for a distance of 100.00 feet to a point on the Northerly line of a 100.00 foot County Canal easement and the POINT OF I~_[G~~ of the parcel of land herein described; thence continue North 00°42'54" West parallel with the East line of the Southeast quarter of the said Section 19 for a distance of 1,243.75 feet; thence run South 89°17'06" West for a distance of 450.00 feet; thence run North 45°45'00" West for a distance of 200.00 feet; thence run North 28°38'00" West for a distance of 321.01 feet; thence run North 78'55'38" West for a distance of 544.92 feet to the Northeasterly corner of a drainage easement recorded in Official Record Book 365 at Page 414 of the Public Records of Collier county, Florida; thence run South 01"37'19" East along the Easterly line of said drainage easement for a distance of 442.73 feet to the beginning of a tangential circular curve concave to the East; thence run Southerly along the arc of said curve to the left, same being the Easterly line of said drainage easement, having a radius of 2,650.79 feet through a central angle of 10'32'08", subtended by a chord of 486.74 feet at a bearing of South 06~53'23" East, for a distance of 487.43 feet to the end of said curve; thence run South 12~09'27'' East along the Easterly line et the said drainage easement for a distance of 675.77 feet; ti~ence run South 48=49'40'' East along the Easterly line of the said drainage easement for a distance of 279.67 feet to a point on the Flortherly line of a 100.00 foot County Canal easement; thence run North 89~34'36" East along the Northerly line of the said 100.00 foot County Canal easement for a distance of 873.61 feet to the POINT OF BEGINNING. Containing 39.90 acres, more or less. Subject to easements, reservations or restrictions of record. Bearings shown hereon refer to those shown on the State of Florida Department of Transportation Right-of-Way Map for Florida State Road No. 93 (Interstate 1-75) Section 031 75-2401. This legal description was derived from information shown on the Florida Department of Transportation Right-of-Way Map of State Road No. 93 (Interstate 1-75) Section 03175-2401, Sheet 3, Collier County, Florida, together with supplementary information provided byclient. This description has not been field surveyed. 2 12 2 1,7, The Northbrooke Plaza project will be comprised of a mix of commercial and residential uses. Typical uses will include gasoline service stations, restaurants, general retail facilities, hotels/motels, offices, and multi-family residential units. The project applicant/developer will not be an end user. End users will typically be regional or national corporations which routinely locate in interstate interchange commercial developments. The project owner/developer will secure appropriate plan approval and zoning, install access drives, utilities, and other required infrastructure, and market ready to build on sites for development in accord with the approved PUD Master Plan, PUD regulatory document, and applicable other regulations. This ordinance shall be known and cited as the "NORTHBROOKE PLAZA PUD ORDINANCE". 3 2,1, 2.2 2,3, Bo SECTION II PROJECT DEVELOPMENT The purpose of this Section is to describe the basic development objectives and to generally describe the project development plan. Development of this project will be governed by the contents of this document and applicable sections of the Collier County Land Development Code in effect at the time of Site Development Plan/Subdivision Master Plan approval(s). Bo Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the time of Site Development Plan/Subdivision Master Plan approval(s). All conditions imposed and all graphic material presented depicting restrictions for the development of Northbrooke Plaza shall become part of the regulations which govern the manner in which the PUD site may be developed. Do Unless specifically waived by appropriate authority, the provisions of regulations not otherwise provided for in this PUD shall remain in full force and effect. PROJ~.~ This site is planned as a mixed use commercial/residential project which w~ll provide commercial services to highway travelers as well as to residents in the vicinity. In addition to conventionalinterchangorelated and surrounding neighborhood serving commercial services, conventional residential and/or retirement residential usage with supporting medical and related services will be incorporated in the project. The PUD Master Plan, known as Attachment "1", which by reference is made part of this document, divides the property into Tracts A and B, each of which is the subject of detailed standards which are set forth in this PUD document. The exact boundaries of development parcels are to be established at the time of construction plans and platting approval. At the time of initial PUD zoning, no detailed deve!opment plan for the entirety of the site exists. The development intention is to provide appropriately zoned sites, with all necessary utilities in place, to accommodate commercial and related development projects, such as 4 national motel and/or restaurant chains, gasoline service stations, retail facilities of various kinds, offices, and a residential development component. Since the project development sponsor will not be the end user of the mixed use complex, plan approval will occur in four steps. The first step is establishment of the PUD document which includes developmental standards and regulatory requirements for the entire property. A Preliminary Subdivision Plat shall be submitted to Collier County for review and approval for the second step. Upon Preliminary Subdivision Plat approval, construction plans and a Final Subdivision Plat shall be submitted for review and approval which will be the third step. For the fourth step, one of the following will be provided for: The developer of any platted tract or parcel which is not intended to be further subdivided shall be required to submit and receivo approval of a Site Development Plan in conformance with the requirements established within Div. 3.2 of the Collier County Land Development Code. ° The developer of any platted tract or parcel which is intended to be further subdivided shall be required to submit and receive approval of that further subdivi=ion as required by Div. 3.3 of the Collior County Land Development Code. The owner may make adjustment to the tract boundaries, road alignment and off,er site improvements. Determination of whether the changes are substantial, or insubstantial, and the review process to be followed shall be in accordance with the Collier County Land Development Code. 2B2 C.Prrmitted development is indicated on the following table: Retail/Service/ Restaurants Fast Food Restaurants 12.9 or greater 5 or less ~ P--~~ MA,X, MAX, Per LDC na na Per LDC na na Motel/Hotel Gasoline Service Stations 5 or less · Per LDC 130 4 or less · Per LDC na na na Office Residential 3 or less · Per LDC na na 10 na Per LDC na 120 TOTAL 39.9 270,000 Per LDC 130 120 Do 2.5 A. The maximum leasable floor area for all Retail and Services and Office uses pern,itted in Tract A is 270,000 sq. ft. Maximum permitted motel/hotel density is 26 units per acre. For every 26 motel/hotel units approved, the maximum permitted 270,000 sq. ft. of retail and service plus office use shall be reduced by 10,000 sq. ft. DEVELOPMENT INTENSITY LIMITATION The development intensity of the var;ous DRI categories permitted in this project shall not exceed 80% of the applicable DRI threshold. DRIcategories permitted by this project include retail and service development; office development; hotel or motel development; residential development; or multi-use development. RELATED PROJECT PLAN APPROVAL REQUIREMENTS Prior to the reco,'ding of a Record Plat, for all or part of the PUD, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the PUD Master Plan, the County Land Development Code and the platting laws of the State of Florida. Attachment "1", the PUD Master Plan, constitutes the required PUD Development Plan. Subsequent to or concurrent with PUD approval, a Preliminary Subdivision Plat shall be submitted for the entire area covered by the PUD Master Plan. All division of property Ce 2.6, and the ,-Jevelopment of the land shall be in compliance with the Land Development Code. Appropriate in~mJments will be provided at the time of infrastructural improvements regarding any dedications and metho~J for providing perpetual maintenance of common facilities. INTERNAL PROJECT STREETS TO BE PRIVATE All platted streets within the project shall be private and shall be the common property of the project landowners. 7 3.A.1. 3.A.2 SECTION III PROJECT DEVELOPMENT REGULATIONS TRACT A 12B2 The purpose of this Section is to set forth the development regulations applicable to Tract A of the Northbrooke Plaza project. (Refer to PUD Master Plan). USES PERMI'I-rED No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Principal Uses: Automobile service stationS. Vehicle cleaning, service and repair facilities are permitted, except for repair facilities involving engine removal, body repair, or painting 2. Hotels/motels 3. Offices 4. Financial institutions Medical offices, laboratories, clinics, health improvement facilities, nursing homes, hospitals Restaurants (conventional, fast turnover, and/or fast food); cocktail lounges; night clul~ 7. Drive-in facilities for permitted uses o Food stores, drugstores, retail stores, personal service uses, supermarkets, movie theaters, and associated uses which are characteristically located in shopping centers 9. Commercial and non-commercial recreational uses and facilities 10. Civic, cultural, religious, and public service uses and facilities. 8 3.A.3. 12B2 1 1. Shopping centers 12. Any other commercial use or professional service which is comparable in nature with the ~oregoing uses and which the Planning Services Manager determines to be compatible with and appropriate for inclusion in the mix of Tract A permitted principal uses. B. Accessory Uses' Accessory uses and structures which are customarily associated with the permitted uses. 2. Project sales and administration offices and facilities. o Signs as permitted by the Collier County Sign Ordinance in effect at the time of sign permit application. DEVELOPMENT STANDARDS A. Minimum Yards: 1. Front: 15' 2. Side: none, o; a minimum of five (5) ~oet with unobstructed passage from front yard to rear yard. 3. Rear: 25' Lakefront: 0' 5, Any yard abutting an exterior boundary of the 39.9 acre tract: 25'. 6. Distance between structures on the same site: One half the sum of the building heights. B. Maximum Hotel/Motel Density: 26 units per acre. C. Minimum Hotel/Motel Unit Size: 300 square feet. D. Maximum Building Height: {i.e. stories above grade) 1. Motels/Hotels: Four (4) stories above grade in the event Tract B is developed as an assisted living facility, otherwise three (3) stories. 2. Offices: Three (3) stories above grade. 3. Retail, Service, and Other: Two (2) stories above grade. E. Merchandise Storage and Display: There shall be no outside storage or display of merchandise. F. Utilities: Electrical, telephone and television service lines shall be placed underground. Pad mounted transformers and other components of underground service systems which are normally located above ground shall be placed and screened so as to be minimize their visibility from a street right-of-way or an adjoining property. G. Offstreet parking required' As determined by the Collier County Land Development Code in effect at the time of Site Development Plan application. H. Signs: As permitted by the Collier County Land Development Code in effect at the time of sign permit application. Common Architectural Theme Required In addition to compliance with the commercial architectural standards of the Land Development Code, Tract A development shall exhibit an overall architectural, landscape architectural, signage and lighting theme, to be established when the first SDP is approved for Tract A. The use of trademark architectural symbols for national chain uses shall not be precluded, but such uses shall be required to demonstrate compliance with the approved Tract A visual character Iheme. 10 SECTION III PROJECT DEVELOPMENT REGULATIONS TRACT B 3.B.1. 3.B.2. The purpose of this section is to set forth the development regulations applicable Tract B of the Northbrooke Plaza project. (Refer to PUD Master Plan). USES PERMIT-FED No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part for other than the following: A. Principal Uses: 1. Single and/or multiple family residences Housing facilities for the elderly and infirm, including medical and other support facilities and services incidental to the operation of the project on behalf of project residents o Family care facilities, group care facilities (Category I), care units (not including uses found in group care facilities, Category II), nursing homes (subjoct to Section 2.6.26 of the Collier County Land Development Code) 4. Civic, cultural, religious, and public service uses and facilities o Social, recreational~ and related uses whose primary purpose is to serve the residents of Tract B Accessory Uses: 1. Accessory uses and structures which are customarily associated with the permitted uses. 2. Project sales and administration offices and facilities. 3. Signs as permitted by the Collier County Land Development Code in effect at the time of sign permit application. 11 3.B.3~ DEV,=LOPMENT STANDARDS A. Minimum Yards: 12B2 1. Front: 25'. 3. 4. 5. Side: 10' or half the building height, whichever is greater. Rear: 25'. Any yard abutting an exterior boundary of the 39.9 acre tract: 40'. Distance between structures on the same site' one half the sum of the building heights. B. Maximum Building Height: (Stories above grade) Multiple Family Dwelling Units: Two 12) stories Assisted Living Facility Housing: Three (3) stories C. Maximum Residential units: 120 units, 12 units per gross tract acre. D. Utilities: Electrical, telephone and television service lines shall be placed underground. Pad mounted transformers and other components of underground service systems which are normally located above ground shall be placed and screened so as to be minimize their visibility from a street right-of*way or an adjoining property. E. Offstreet parking required: As determined by the Collier County Land Development Code at the time of Site Development Plan application. F. Signs: As permitted by the Collier County Land Development Code in effect at the time of sign permit application. 12 4,1. 4.2. SECTION IV DEVELOPMENT COMMITMENTS 12B2 The purpose of this section is to set forth the development commitments for the Northbrooke Plaza PUD project. All facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdivision Plats 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 official Land Development Code in effect at the time of Site Development Plan/Subdivision Plat approval(s) shall apply to this proiect even if the land within the PUD is not to be platted. The developer, his successor and assigns shall be responsible for the commitments outlined in this document. The developer, his successor or assignee agrees 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. 5_.CYJEDJJLE OF DEVELOPMENT The PUD applicant will not be the end-user of the improved sites to be established in Northbrooke Plaza, and a definitive development schedule cannot be established at this time. Based on the expected rate of development in the general area of the Northbrooke Plaza project, it is estimated that project development will be initiated in 1998, and that development of the individual sites within the project will be concluded by the year 2005. 4.4. TRANSPORTATION 4.5, Note: All originally adopted Transportation Stipulations have either been accomplished or are no longer applicable. WATER MANAGEMENT A copy of South Florida Water Management District Permit or Early Work Permit is required prior to construction plan approval. A fifteen foot (15') maintenance easement along the Cocohatchee Canal adjacent to the west and south property lines shall be dedicated to the Big Cypress Basin for maintenance. Final exact locations (beginning and ending locations) shall be established on the final recorded plat. 13 1 2B2 A. This project shall be designed for central water and sewer systems. AG Access into each tract as shown on the master development plan is informational only. Access road and site access location is subject to Subdivision Plat or SDP approval. B. This project shall be required to meet all County Ordinances in effect at the time final construction documents are submitted for development approval. Co Detailed paving, grading, site drainage and utility plans shall be submitted to the Community Development Services Division 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 the Community Development Services Division. D. Work within Collier County right-of-way shall meet the requirements of Collier County Right-of-Way Ordinance No. 82-91.4.8. ENVIRONMENTAL AG The PUD shall be consistent with the Environmental Sections of the Collier County Growth Management Plan Conservation and Coastal Management Element and the. Collier County Land Development Code at the time of final development order approval. Bo A protected species survey for gopher tortoises (Go_oherus _oolyphemus) shall be conducted in accordance with the requirements of the Florida Game and Fresh Water Fish Commission within six (6) months or less of Site Development Plan (SDP) or Preliminary Subdivision Master Plan (PSMP) submittal. In the event that Gopher tortoise are present on site, a Gopher tortoise relocation/management plan shall be submitted to Current Planning Environment Staff for review and approval. A copy of the relocation/management plan shall be included on the final site development plan. Co Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit (ERP) rules and be subject to review ar,-J approval by Planning Services Environmental Staff. Removal of exotic vegetation shall not be counted toward mitigation for impacts to Collier County jurisdictional wetlands. 14 12B2 An exotic vegetation removal, monitoring, and maintenance (exotic-free} plan for the site shall be submitted to Planning Services Environmental Staff for review and approval prior to final site development plan/construction plan approval. Eo Section 3.9.5.5 of the CCLDC requires a minimum of twenty-five (25) percent of the existing native vegetation on site be preserved or re-vegetated (per 3.9.5.5.4.) In accordance with the following: 1. A minimum of 2.88 acres of native vegetation shall be preserved/re-vegetated in the 20 foot wide buffers which will surround the project and separate Tract A from Tract B. 2. A minimum of one half (.5) acre of the .7 acre oak hammock, near thewest boundary of the PUD (FLUCCS 4399), shall be preserved. 3. A minimum of three (3) acres of native vegetation shall be preserved/ re-vegetated in Tract B. 4. A minimum of 1.06 acres of native vegetation shall be preserved/re-vegetated in Tract A. The distribution of the 1.06 acres shall be committed to at the first development order submittal (i.e. SDP or PSP) for Tract A. 5. Collier County Planning Services Environmental Staff may administratively approve requests to adjust the above commitments, as long as a minimum 7.44 acres of required native vegetation is provided. 4.9. ACCESSORY STRUCTURES Accessory structures must be constructed simultaneously with or followin§ the construction of the principal structure. 4.10. All signs shall be in accordance with the Collier County Sign Ordinance in effect at the time of building permit application: 4.11. L~I~)_S.~G FOR OFF-STREET PARKING AREAS All landscaping for off-street parking areas shall be in accordance with the Cotlier County Zoning Ordinance in effect at the time of construction plans application. 4.12. LANDSCAPE BUFFER A landscaped buf;er a minimum of 20 feet in width shall be provided adjacent to all perimeter boundaries of the 39.9 acre tract as well as between residential and non- residential uses of the 39.9 acre tract. 15 HATIVE VEGETATION PRESERVATION/INSTALLATION REQUIREMENT N Required 20 FL Buffers: 2.88 Acres Tract A 1.56 Acres Tract D: 3.00 Acres Tolal 7.44 Acres (See PUD Section 4.8.E. for details) ~apLes Daily Ne~s Naples, FL 31944~ Affidavit of Publication Naples 0aiLy Ne~s BOARD OF COUNTY COe~ISSZO~IERS ATTN: NANCY SALOGU~ PO BOX ~1S016 NAPLES FL 34101-3016 REFERENCE: 001230 80]27"7 5T702767 NOT%CE OF [NTEN? TO State of FLorida County of Collier Before the undersigned authority, personally appeared B. La~O, vho on oath says that she serves aa the Assistant Corporate Secretary of the Naples Oatty Nays, a daily newspaper published at Naples, in Collier County, FLorida: that the attached ~ of advertising was published in said tl~$~r c~ dates Listed. Afftahqt further says that the said Nap[ea Daily Ne~a is a r~vspapor published at Naples, tn said Collier County, FLorida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each ~ and has been entered as second class ~atL easter at the post office in Nap[es, in said Collier Co~.qty, Florida, for a period of 1 year next preceding the first publication of the attached cof~/ of adverttse~ent; and affiant further says that she has neither paid nor promised any person, firm or coporatton any discount, rebate, comaisston or refund for the purpose of securing this adverttse~aent for publication in the said newspaper. PUBLISHED Oel: 06/07 AD SPACE: 107.000 iNCH FILED c~: Signature of Affiant '' Suorn to end Subscribed before ee this NOTICE OF INTENT TO O~DfNANCE AN ORDINANCE AMENDING ORDI. COLLIER COUNTY LUUE, WHICH IN- CLUDES THE CO~- ~E~N~ ZONING REGULATIONS FOR ~ ~EA ~ C~L~ C~Y. ~ BY ~ T~ ~FI. O~ ZOM~ BY ~ANGING THE DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" ENT KNOWN AS NORTHBROOKE TY L~TED IN T~ NORTHWEST QUAD- RANT OF 1-75 NAPLES-I~OKALEE ROAD (CA. I~), IN ~CT;ON ;9, TOWN- __ EAST, COLLIER ~OUNTY, FLORIDA. CONSISTING OF 43 ACRES, MORE OR A~ AMENDED, THE FORMER NORTH. ~ BY ~OV;DiN~ - ~ EF~ DA~ ~m~ Un~ Deve~. of Interstate R~ (~. ~L ~NTY ~R~RA B. ~RRY ] 2B 2 ORDiNAl;Ch '~'- 59 · ,-.;,'" ORDINANCE AMENDING ORD!NANCE '7"'---,~ ~.,.:'~.'-.w '.~1-1¢]2, THE COLLIER ':oUIFI'Y LAND DETEL©t'ME:;T COLE ~':~FTM /UCL,;r.,EZ T.4E "' ~ ..... ........ '3MPPE}...-,,I.,: 7., ~.~-G.~A*IO,,o FOR :HE UNiNCO?POPATEb A?EA OF COLLIE? CO:J~:T'f, .rh'SPiDA, ~;'." Ai':E:iDii;G THE OFFICIAL ZONING ATLAS NUMBERED 8619S BY ...,A.I.-*iNG THE ZONING CLASSIFiCATiON OF THE HE?BiN DESCPiBED REAL ?ROPEPTY FROM "PUD" TO "PUD" PLANNED UNIT LE'IELOPMENT KNOWN AC :IOPTHBROOKE RLAZA, FOR PROPERTY LOCATED il; THE NORTHWEST 9UADRANT OF 1-75 AND NAPLES-iMYCYALEE ROAD 'C.P. %46i, ii; SECTION '9, TCWI;CHiP 4% SOUTH, PANqE 26 EAST, COLLIER COUNTY,:~.-'~r~.~A, .... .),o.I,~.= OF 43 AC?ES .... O.~ LESS; .:'?O';iLi~;G FOR THE ?E.:'EAL CF :;'2.:BE? ~i-~-, AS AXE:;LrlL, THE ........ · '--,..,..:. ?LAZA F'~'L; A::L r~'z :.:, ....... ~-:. 7::: EFFECTIVE LATE. WHEPEAS, ?ii:flax R. ','ines of '/ir, e? ;, Associates, inc., representing Robert S. Hardy, petitioned the Board cf County Co.-.~missioners to change the zoning ~ ~ ~'~ -' ·* c~ass~.l_a~lon ~. the herein described real property; NOW THEREFORE BE iT %FSAINED E'f THE BOARD OF ~9UNTY COMMISSIONERS OF COLLIER COUNTY, FLOPi2A; SECTION ONE: The Zcni:.7 '/l~ssification 5f '.he herein descrioed real property located in .......... ?~ ..... 'u, Township 48 Sou'~_,., Rance. 2~ East, Co'iier County, Florida, is char. ue~ from r. _ _ . ' ....D" '_'. "PUS" ~ianned Unit D~-z~io~ment in accordance ',.':th the ?'~2 Document, at'air, es hereto as Exhibit "A", which is incorsora'_eu herein anu ky ref ....... ~- -ado Fart r~, The Zoning A~La:~ Man :.umf~ .... ~ %;:9S,.. as des"rlbed ir, %rdlnanqe ~ur,.o_~' ~ ~ 91-]02, the Collier Cour. zy Land Development lode, are hereby amendes accordingly. SECTION TX%: Ordir, a:.ue :::rner }!-6-, as ar, er. deal, knowr, as the North~r-.-~ke Pla;:a Collier ............ --~..-z, ..: ..~re~'/ ~-:,~a:~_ -_, ir. its entirety. SECTION THREE: This ~-,-..~...~_ shall become e[fo~r[.,.~___ . upon, filing wi%r,' the - Department cf S5ate. -1- 12B2"' PASSED AI;~ DULY ADOPTED by the ~©a:d of County Co,~.missioners of ' > of Collier Count)', Yiorida, this ~,.. day ~,..~,/ , 1998. ATTEST: DWIGHT E. BROCK, Clerk '~tte~t as t~ : signature only, Approved as :~ F~:z, and Legal SufficLer.cy Marjo~tle M. S-.udent Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COI, I,IEP COUNTY, FLORIDA "C-ha i rman -2- NORTHBROOKE PLAZA A PLANNED UNIT DEVELOPMENT Prepared for: RSH of Naples, Inc. Prepared by: Vines & Associate~, Inc. 800 Harbour Drive Naples, Florida 34103 Phone: (941) 262-4164 Date Filed: Date Revised: Date Recommended by CCPC: Date Approved by BCC:.. 6J23198 Ordinance Number:_ qR-sc~ TABLE OF CONTENTS SECTION I. SECTION II. SECTION III. SECTION IV. Aq-F'ACHM ENT "1" LOCATION MAP STATEMENT OF COMPLIANCE PROJECT PLANNING TEAM PROPERTY OWNERSHIP AND DESCRIPTION PROJECT DEVELOPMENT PROJECT DEVELOPMENT REGULATIONS DEVELOPMENT COMMITMENTS PUD MASTER DEVELOPMENT PLAN ii III 4 8 13 LAST 121~2" I - ?~) '~ PROJECt IlOl.I.;. ),iON'I'I~L~j & A~GUCIA'i'I,;:~, INC. fl,Ill COI.LIEI{ COUNIY, FLORIDA NORIlIIJROOI(E PLAZA I.OCAIION MAP LEE COWER STATEMENT OF COMPLIANCE The development of 39.9 acres of land in Collier County as a Planned Unit Development to be known as Northbrooke Plaza, together with development of a 2.855 acre access road, will be in compliance with the planning goals and objectives of Collier County as set forth in the Comprehensive Plan. The commercial and residential facilities developed within Northbrooke Plaza will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: The Future Land Use Element of the Collier County Growth Management Plan provides at page LU-lo31 that "if any project is 75% within an Activity Center, the entire project shall be considered to be within the Activity Center." Slightly more than 80% of the subject property lies within an Interstate Activity Center. The Future Land Use Element provides that, at page LU-1-30, Activity Centers are intended to be mixed use in character, i.e., commercial, residential, institutional. Northbrooke Plaza will be a mixed use project. The Future Land Use Element density rating system provides, at page LU-1-24 that with respect tO residential development, "il' the project is within an Activity Center, up to 16 residential units per gross a~:re may be permitted." The residential component of the project complies with this provision. The project will be served by a complete range of services and utilities, including potable water, sanitary waste treatment and disposal, electric power, telephone, cable television, solid waste removal. The project will be in compliance with all applicable County regulations including the Growth Management Plan. All final local development orders for the project will be subject to the Adequate Public Facilities Ordinance. 12B2 6-8-98 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1. 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 to be developed under the project name of: Northbrooke Plaza. 1.2 LEGAL DESCRIPTION 1.3. 1.4. 1.5. The project site is 39.9+/- acres in area. The legal description of the project follows this page. PROPERTY OWNERSHIp Title to the property is currently in Land Trust #5405, held by Richard K. Bennett, Trustee. GENERAL DESCRIPTION OF PROPERTY AREA A. The property lies in the northeast quadrant of the 1-75/immokalee Road interchange in Section 19, Township 48 South, Range 26 East. B. The property is PUD, proposed to be rezoned to PUD Planned Unit Development for commercial, residential, and related uses. PHYSICAL DESCRIPTION The property is bounded on the south and west by the Immokalee Road Canal and lies within the Cocohatchee River watershed. Elevation ranges from about 11.5 feet to 13 feet above mean sea level, averaging about 12.25 feet. Wetlands on the property are limited to a °49 acre triangular area in the southeast corner of the property. Most of the vegetation on the property is pine and associated upland plants. The southwesterly portion of the property was cleared and used as a storage/work area when the i-75/Immokalee Road interchange and the associated canal relocation construction was undertaken. Soil types on the property are predominatel¥ Arzell fine sand. There is a minor area of Broward fine sand along the westerly edge of the property, and a small amount of cypress swamp soil at the southeastern edge of the property. 12B2 A parcel of land located in the Southeast quarter of Section 19, Township 48 South, Range 26 East, Collier county, Florida, being more particularly described as follows: Commence at the Southeast corner of Section 19, Township 48 South, Range 26 East, Collier County, Florida, thence run South 89°34'36" West along the South line of the Southeast quarter of the said Section 19 for a distance of 100.00 feet; thence run North 00°42'54" West parallel with the East line of the Southeast quarter of the said Section 19 for a distance of 100.00 feet to a point on the Northerly line of a 100.00 foot County Canal easement and the POINT OF ~ of the parcel of land herein described; thence continue North 00°42'54" West parallel with the East line of the Southeast quarter of the said Section 19 for a distance of 1,243.75 feet; thence run South 89°17'06- West for a distance of 450.00 feet; thence run North 45°45'00" West for a distance of 200.00 feet; thence run North 28°38'00- West for a distance of 321.01 feet; thence run North 78°55'38- West for a distance of 544.92 feet to the Northeasterly corner of a drainage easement recorded in Official Record Book 365 at Page 414 of the Public Records of Collier county, Florida; thence run South 01 °37'19' East along the Easterly line of said drainage easement for a distance of 442.73 feet to the beginning of a tangential circular curve concave to the East; thence run Southerly along the arc of said curve to the left, same being the Easterly line of said drainage easement, having a radius of 2,650.79 feet through a central angle of 10°32'08", subtended by a chord of 486.74 feet at a bearing of South 06053'23" East, for a distance of 487.43 feet to the end of said curve; thence run South 12°09'27- East along the Easterly line of the said drainage easement for a distance of 675.77 feet; thence run South 48°49'40" East along the Easterly line of the said draina0e easement for a distance of 279.67 feet to a point on the Northerly line of a 100.00 foot County Canal easement; thence run North 89034'36- East along the Northerly line of the said 100.00 foot County Canal easement for a distance of 873.61 feet to the POINT QF BEGINNING. Containing 39.90 acres, more or less. Subject to easements, reservations or restrictions of record. Bearings shown hereon refer to those shown on the State of Florida Department of Transportation Right-of-Way Map for Florida State Road No. 93 (Interstate !-75) Section 03175-2401. This legal description was derived from information shown on the Florida Department of Transportation Right-of-Way Map of State Road No. 93 (Interstate 1-75) Section 03175-2401, Sheet 3, Collier County, Florida, together with supplementary information provided by client. This description has not been field surveyed. 2 12B2 1.6 PROJECT DESCRIPTION The Northbrooke Plaza project will be comprised of a mix of commercial and residential uses. Typical uses will include gasoline service stations, restaurants, general retail facilities, hotels/motels, offices, and multi-family residential units. The project applicant/developer will not be an end-user. End-users will typically be regional or national corporations which routinely locate in interstate interchange commercial developments. The project owner/developer will secure appropriate plan approval and zoning, install access drives, utilities, and other required infrastructure, and market ready to build on sites for development in accord with the approved PUD Master Plan, PUD regulatory document, and applicable other regulations. This ordinance shall be known and cited as the "NORTHBROOKE PLAZA PUD ORDINANCE'. 3 2.1. 2.2 2.3. Ag SECTION II PROJECT DEVELOPMENT The purpose of this Section is to describe the basic development objectives and to generally describe the project development plan. Ag Development of this project will be governed by the contents of this document and applicable sections of the Collier County Land Development Code in effect at the time of Site Development Plan/Subdivision Master Plan approval(s). Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the time of Site Development Plan/Subdivision Master Plan approval(s). All conditions imposed and all graphic material presented depicting restrictions for the development of Northbrooke Plaza shall become part of the regulations which govern the manner in which the PUD site may be developed. Unless specifically waived by appropriate authority, the provisions of regulations not otherwise provided for in this PUD shall remain in full force and effect. PROJECT PLAN This site is planned as a mixed use commercial/residential project which will provide commercial services to highway travelers as well as to residents in the vicinity. In addition to conventional interchange related and surrounding neighborhood serving commercial services, conventional residential and/or retirement .'esidential usage with supporting medical and related services will be incorporated in the project. The PUD Master Plan, known as Attachment "1", which by reference is made part of this document, divides the property into Tracts A and B, each of which is the subject of detailed standards which are set forth in this PUD document. The exact boundaries of development parcels are to be established at the time of construction plans and platting approval. 4 Bo At the time of initial PUD zoning, no detailed development plan for the entirety of the site exists. The development intention is to provide appropriately zoned sites, with all necessary utilities in place, to accommodate commercial and related development projects, such as national motel and/or restaurant chains, gasoline service stations, retail facilities of various kinds, offices, and a residential development component. Since the project development sponsor will not be the end-user of the mixed use complex, plan approval will occur in four steps. The first step is establishment of the PUD document which includes developmental standards and regulatory requirements for the entire property. A Preliminary Subdivision Plat shall be submitted to Collier County for review and approval for the second step. Upon Preliminary Subdivision Plat approval, construction plans and a Final Subdivision Plat shall be submitted for review and approval which will be the third step. For the fourth step, one of the following will be provided for: The developer of any platted tract or parcel which is not intended to be further subdivided shall be required to submit and receive approval of a Site Development Plan in conformance with the requirements established within Div. 3.2 of the Collier County Land Development Code. The developer of any platted tract or parcel which is intended to be further subdivided shall be required to submit and receive approval of that further subdivision as required by Div. 3.3 of the Collier County Land Development Code. The owner may make adjustment to the tract boundaries, road alignment and other site improvements. Determination of whether the changes are substantial, or insubstantial, and the review process to be followed shall be in accordance with the Collier County Land Development Code. 5 Permitted development is indicated on the following table: MAYJMU. M REQUIRED ~ ~ MAX. MAX. ~ SEACEA BOOMS UN~TS Retail/Service/ Restaurants 12.9 or greater ° Per LDC n/a n/a Fast Food Restaurants 5 or less °., Per LDC n/a n/a Motel/Hotel 5 or less ° Per LDC 130 n/a Gasoline Service Stations 4 or less ° Per LDC n/a n/a Office 3 or less ° Per LDC n/a n/a Residential 10 n/a Per LDC n/a 120 TOTAL 39.9 270,000 Per LDC 130 120 The maximum leasable floor area for alI Retail and Services and Office uses permitted in Tract A is 270,000 sq. ft. Maximum permitted motel/hotel density is 26 units per acre. For every 26 motel/hotel units approved, the maximum permitted 270,000 sq. ft. of retail and service plus office uae shall be reduced by 10,0OO sq. ft. D. DEVELOPMENT INTENSITY LIMITATION The development intensity of the various DRI categories permitted in this project shall not exceed 80% of the applicable DRI threshold. DRI categories permitted by this project include retail and service development; office development; hotel or motel development; residential development; or multi-use development. 2.5 RELATED PROJECT PLAN APPROVAL REOUIREMENTS Prior to the recording of · Record Plat, for all or part of the PUD, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the PUD Master Plan, the County Land Development Code and the platting laws of the State of Florida. 6 Ro Attachment '1 ", the PUD Master Plan, constitutes the required PUD Development Plan. Subsequent to or concurrent with PUD approval, a Preliminary Subdivision Plat shall be submitted for the entire area covered by the PUD Master Plan. All division of property and the development of the land shall be in compliance with the Land Development Code. Co 2,6. Appropriate instruments will be provided at the time of infrastructural improvements regarding any dedications and method for providing perpetual maintenance of common facilities. INTERNAL PROJECT STREETS TO BE PRIVATE All platted streets within the project shall be private and shall be the common property of the project landowners. 7 SECTION III PROJECT DEVELOPMENT REGULATIONS TRACT A 3.A. 1. The purpose of this Section is to set forth the development regulations applicable to Tract A of the Northbrooke Plaza project. (Refer to PUD Master Plan). 3.A.2 USES PERMITTED No building or structure, or part the~eot, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Principal Uses: Automobile service stations, pursuant to the provisions of Section 2.6.28 of the Land Developmer~ Code in effect st the time an application is made for a building permit. Vehicle cleaning, service and repair facilities are permitted, except for repair facilities involving engine removal, body repair, or painting 2. Hotels/motels o Offices Financial institutions Medical office,, laboratories, clinics, health improvement facilities, nursing home~, hospitals Restaurants (conventional, fast turnover, and/or fast food); cocktail lounges; night clubs Drive-in facilith~ for permitted uses Food stores, drugstores, retail stores, personal service uses, supermarkets, movie theates~, end associated uses which are ch~acteristically located in shopping centers Commerc~ ~ non-coe3wnercial recreational uses and fecir~es Civic, cuttufel, religious, and public service uses end facilities. 8 11. Shopping centers 12. Any other commercial use or professional service which is comparable in nature with the foregoing uses and which the Planning Services Manager determines to be compatible with and appropriate for inclusion in the mix of Tract A permitted principal uses. B. Accessory Uses: Accessory uses and structures which are customarily associated with the permitted uses, 2. Project sales and administration offices and facilities. Signs as permitted by the Collier County Sign Ordinance in effect at the time of sign permit application. 3.A.3. DEVELOPMENT STANDARDS A. Minimum Yards: 1. Front: 15' Side: none, or a minimum of five (5} feet with unobstructed passage from front yard to rear yard. 3. Rear: 25' 4. Lakefront: O' o o Any yard abutting an exterior boundary of the 39.9 acre tract: 25'. Distance between structures on the same site: One half the sum of the building heights. B. Maximum Hotel/Motel Density: 26 units per acre, C. Minimum Hotel/Motel Unit Size: 300 square feet. g D. Maximum Building Height: (i.e. stories above grade) 1. Motels/Hotels: Four (4) stories above grade in the event Tract B is developed as an assisted living facility, otherwise three (3) stories. 2. Offices: Three {3) stories above grade. 3. Retail, Service, and Other: Two (2) stories above grade. E. Merchandise Storage and Display: There shall be no outside storage or display of merchandise. F. Utilities: Electrical, telephone and television service lines shall be placed underground. Pad mounted transformers and other components of underground service systems which are normally located above ground shall be placed and screened so as to be minimize their visibility from a street right-of-way or an adjoining property. G. Offstreet parking required: As determined by the Collier County Land Development Code in effect at the time of Site Development Plan application. H. Signs: As permitted by the Collier County Land Development Code in effect at the time of sign permit application. I. Common Architectural Theme Required In addition to compliance with the commercial architectural standards of the Land Development Code, Tract A development shall exhibit an overall architectural, landscape architectural, signage and lighting theme, to be established when the first SDP is approved for Tract A. The use of trademark an:hitectural symbols for national chain uses shall not be precluded, but such uses shall be required to demonstrate compliance with the approved Tract A visual characte~ theme. 10 SECTION III PROJECT DEVELOPMENT REGULATIONS TRACT B 3.B.1. 3.B.2. The purpose of this section is to set forth the development regulations applicable to Tract B of the Northbrooke Plaza project. (Refer to PUD Master Plan). USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part for other than the following: A. Principal Uses: 1. Single and/or multiple family residences Housing facilities for the elderly and infirm, including medical and other support facilities and services incidental to the operation of the project on behalf of project residents Family care facilities, group care facilities (Category I), care units (not including uses found in group care facilities, Category II), nursing homes {subject to Section 2.6.26 of the Collier County Land Development Code) 4. Civic, cultural, religious, and public service uses and facilities Social, recreational, and related uses whose primary purpose is to serve the residents of Tract B Accessory Uses: 1. Accessory uses and structures which are customarily associated with the permitted uses. 2. Project sales and administration offices and facilities. 3. Signs as permitted by the Collier County Land Development Code in effect at the time of sign permit application. 11 3.B.3. DEVELOPMENT STANDARDS A. Minimum Yards: 1. Front: 25'. 2. Side: 10' or half the building height, whichever is greater. 3. Rear: 25'. 4. Any yard abutting an exterior boundary of the 39.9 acre tract: 40'. 5. Distance between structures on the same site: one half the sum of the building heights. B. Maximum Building Height: (Stories above grade) Multiple Family Dwelling Units: Two (2) stories Assisted Living Facility Housing: Three (3) stories C. Maximum Residential units: 120 units, 12 units per gross tract acre. D. Utilities: Electrical, telephone and television service lines shall be placed underground. Pad mounted transformers and other components of underground service systems which are normally located above ground shall be placed and screened so as to be minimize their visibility from a street right-of-way or an adjoining property. E. Offstreet parking required: As determined by the Collier County Land Development Code at the time of Site Development Plan application. F. Signs: As permitted by the Collier County Land Development Code in effect at the time of sign permit application. 12 SECTION IV DEVELOPMENT COMMITMENTS 12 2 The purpose of this section is to set forth the development commitments for the Northbrooke Plaza PUD project. 4.2. 4.3. All facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdivision Plats 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 official Land Development Code in effect at the time of Site Development Plan/Subdivision Plat approval(s) shall apply to this project even if the land within the PUD is not to be platted. The developer, his successor and assigns shall be responsible for the commitments outlined in this document. The developer, his successor or assignee agrees 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. SCHEDULE OF DEVELOPMENT The PUD applicant will not be the end-user of the improved sites to be established in Northbrooke Plaza, and a definitive development schedule cannot be established at this time. Based on the expected rate of development in the general area of the Northbrooke Plaza project, it is estimated that project development will be initiated in 1998, and that development of the individual sites within the project will be concluded by the year :2005. 4.4. 4.5. TRANSPORTATION Note: Ali originally adopted Transportation Stipulations have either been accomplished or are no longer applicable. WATER MANAGEMENT A. A copy of South Florida Water Management District Permit or Early Work Permit is required prior to construction plan approval. B. A fifteen foot (15') maintenance easement along the Cocohatchee Canal adjacent to the west and south property lines shall be dedicated to the Big Cypress Basin for maintenance. Final exact locations (beginning and ending locations) shall be established on the final recorded plat. 13 4.6, A. This proiect shall be designed for central water and sewer systems. 12 2. Access into each tract as shown on the master development plan is informational only. Access road and site access location is subject to Subdivision Plat or SDP approval. B. This project shall be required to meet all County Ordinances in effect at the time final construction documents are submitted for development approval. Detailed paving, grading, site drainage and utility plans shall be submitted to the Community Development Services Division 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 the Community Development Services Division. D. Work within Collier County right-of-way shall meet the requirements of Collier County Right-of-Way Ordinance No. 82-91. 4.8 ENVIRONMENTAL Ao The PUD shall be consistent with the Environmental Sections of the Collier County Growth Management Plan Conservation and Coastal Management Element and the Collier County Land Development Code at the time of final development order approval. A protected species survey for gopher tortoises (Gooherus .~oly~3_ hemus) shall be conducted in accordance with the requirements of the Florida Game and Fresh Water Fish Commission within six (6) months or less of Site Development Plan (SDP) or Preliminary Subdivision Master Plan (PSMP) submittal. In the event that Gopher tortoises are present on site, a Gopher tortoise relocation/management plan shall be submitted to Current Planning Environment Staff for review and approval. A copy of the relocation/management plan shall be included on the final site development plan. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit (ERP) rules and be subject to review and approval by Planning Services Environmental Staff. Removal of exotic vegetation shall not be counted toward mitigation for impacts to Collier County jurisdictional wetlands. 14 Do An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site shall be submitted to Planning Services Environmental Staff for review and approval prior to final site development plan/construction plan approval. Section 3.9.5.5 of the CCLDC requires a minimum of twenty-five (25) percent of the existing native vegetation on site be preserved or re-vegetated (per 3.9.5.5.4.) In accordance with the following: 1. A minimum of 2.88 acres of native vegetation shall be preserved/re-vegetated in the 20 foot wide buffers which will surround the project and separate Tract A from Tract B. 2. A minimum of one half (.5) acre of the .7 acre oak hammock, near the west boundary of the PUD (FLUCCS 4399), shall be preserved. 3. A minimum of three (3) acres of native vegetation shall be preserved/ re-vegetated in Tract B. 4. A minimum of 1.06 acres of native vegetation shall be preserved/re-vegetated in Tract A. The distribution of the 1.06 acres shall be committed to at the first development order submittal (i.e. SDP or PSP) for Tract A. 5. Collier County Planning Services Environmental Staff may administratively approve requests to adjust the above commitments, as long as a minimum 7.44 acres of required native vegetation is provided. 4.9. ACCESSORY STRUCTURES Accessory structures must be constructed simultaneously with or following the construction of the principal structure. 4.10. S~GNS All signs shall be in accordance with the Collier County Sign Ordinance in effect at the time of building permit application. 4.11. LANDSCAPING FOR OFF-STREET PARKING AREAA All landscaping for off-street parking areas shall be in accordance with the Collier County Zoning Ordinance in effect at the time of construction plans application. 4.1 2. LANDSCAPE BUFFER A landscaped buffer a minimum of 20 feet in width shall be provided adjacent to all perimeter boundaries of the 39.9 acre tract as well as between residential and non- residential uses of the 39.9 acre tract. 15 4.1 3. OPEN SPACE REQUIREMENT A minimum of 30% of the total acreage of this PUD shall be left in open space in accordance with the Collier County Land Development Code. At the time of submission of the Preliminary Subdivision Plat or SDP(s), a minimum of 30% of the total acreage of any area previously approved, together with the area being requested for approval. This stipulation is designed to ensure that the 30% open space requirement has been complied with when development is complete. 4.14 POLLING PLACES Rooms shall be provided within common areas for the purpose of permitting residents within the PUD to vote during all elections. The number and location of needed rooms shall be determined by the Collier County Supervisor of Elections. 4.15 CONCURRENCY Development permitted by approval of this petition will be subject to a concurrency review under the provisions of the Adequate Public Facilities Ordinance at the earliest or next to occur of either final SDP approval, or building permit issuance applicable to this project. 16 XXISTItf C.- D Required 20 FL Buffers: 2.88 Acres J I~ Tract A 1.56 Acres "I ~ Tra~ B: 3.00 Acres - ~ Total 7.44 Acres (See PUD Section 4.8.E. for details) N ~ ~ ~ ~r ~ ~R~O0~ ~ I~~~~ STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT Eo 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. 98-59 Which was adopted by the Board of County Commissioners on the 23rd day of June, 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 June, 1998. DWIGHT E. BROCK , .............. Clerk of Courts and C.l~erk.~ " Ex-officio to Board."of ' .; Count ,,,' ' ; ureen Ke . . · ' .- Deputy Clerk'. -' v , . · COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC IIEARINGS To: Clerk to the Board: Please place the following as a: 12B3 XXX Normal legal Advcrlisemcnt [] Olhcr: (Display Ad,.'.. location, crc.) Person: Date: Originating Dcptt Div: CommDcv. Serv./Planning Pctition No. (If none. give brief description): PUD-gR- I 0( ! ) Petitioner: {Name & Address): Nati0nal Heahh~are L.P, City Center, I00 Vinc St, Murfrccsboro, TN 37130 Name & Address of am.' per,ores) to be noOfied ~- Clerk's Office: (If more space is needed, attach separate sheet) Roberl L. Duane, AICP, Hole, Monte~ & Associate~, Inc., 715 Tenth Street South, Naples, FL 34102 Heanng before XXX BCC Requested Hearing clatc: Newspaper(s} to be used. (Complete only if import~nl}: Based on advertisement appearing 15 days bcforc hearing XXX Naples Daily News Other [] Legally Required Proposed Text: (Include Icgal description & common location & Size: Compan,on petttiom's), if any & proposed hearing date. Does Petition Fee includeadvcrtmng~.~"]cost? [: No If Yes. what account should be ch.';rgcd for advertising COSTS: 113-138323~491 lO Revle~,cd by ~ O ~ ~--"-'S '~ Approved by Diviswn Head Date Count)' Manager Date L~st Altachmcnts: DISTRIBUTION INSTRUCTIONS For hearin~ bt'q'ore BCC or BZA: Initiating per~on to complete one coy and obtain Division llead approval before submitting to Coanty Manajler. Note: if legal document is invoh'ed, be sure that any necessary legal review, or request for same, is mabmitted to County Atlornev before ~ubmittinR to County Manager. The Manatle~"s office will distribute copies: [] Cmmty Manager agenda file: to Clerk's Office [] Reque$1ing Division [] Original B. Other he, anng~: Initiating Division head to approve and ~bm~t original to Clerk's Office. rct:nmng a cop)' for file. FOR CLERK'S OFFICE USE O~LY: , Date Rece'ved: ~ 2..5-;/-~' Date of Public hear, ng: ~//.2~ .'.--.9 Date Advemsed: J OF PAGES (including this cover) llilillllllilliilililililliillillliililililililllilllillillllil TO: l~. LOCATION: NAPLES FAX NO.: COM~LE~S: !ii1111111111111111111111111111111111111111'ii111111111111111111 06-01 06-01 0G-01 FROM: _______ ELLIE HOFFMAN -MINUTES & RECORDS LOCATION: Collier County Courthouse FAX NO: ( 813 } 774-84 08 PHONE 'NO.' (813) 774-8406 09:~G 00' 03'01 14:19 0~02'47 926~,~864 c~- ~ 926~86~ _o~ 9263~86~ O~, Dat~~ent: June ~, 1998 Ms. Judith Fianagan Naples Daily News 1075 Central Avenue Naples, Florida 33940 Re: :;otice of Public Hearing to Consider an Ordinance A.mending the Surrey Place PUD Dear Judi: Please~-,:"~-'~se. the above referenced notice on~. _ ';~m_~ on Sunday, June 7, i998, and send the Affidavit of Publication, in duplicate, together with charges in'~olved to this office. Sincerely, Elli~ Ho Deputy Clerk Enclosure Purchase Order No. 893277 ::OTiCE OF INTENT TO CONSIDER ORDi.i;Ai;CE :;otice is hereby given that on TUESDAY, JUNE 23, 1998, in the Boardroom, lsd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, I;apie:;, Florida, the Board of County Com~issioners will consider the enactment ,u~ a County Ordinance. ire meeting will cor~,ence at 9:39 A.M. The title of the proposed Ordinance ~; as follows: A2~ OP. Di[iAi~CE A24Ei:Di'iG ORDINANCE :[iX4BER 9!-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, ?~ICH INCLUDES THE COMPREHENSIVE ZONING REGULATiO[iS FOR iHE Ui~iNCORPOP~.TED AREA OF COLLIER COUNTY, FLORIDA, BY ;d.[Ei;DI::G THE OFFiCiAL ZONING ATLAS ~P ~.~74BERED R526N BY ...~,=z~..u THE ZONING CLASSiFiCATiOi: OF THE w=~=z., DESCRIBED REAL PROPERT'f FFOM "PUD" TO 'PUD" Pi,A:X~ED U~iT DEVELOPMENT BUT HAVING -HE EFFEq7 O= ........... ~ ..... ' ....... " ~, .r-= =,..~ TO ~u'71SE PROViSiONS LiMiTii;G qOi;'SPEGATE CARE HO'321:;'~ A:iD 70 ADD GEi;ERAL AMD MEDICAL Orr__: ..:r..: .'~, .r~:_. A OF THE PUD FOR PSOPEPTY LOCATED ON THE .:Oo,n~ ........... .:.~r. OF iiC,~,SKALEE ROAD (C.P. 846' OiiE-HALF (!,,'2~' MiL~_ WEST OF A.:'.:',.r,. ....... r~...:.~'- (C.R. ]l~, i:; SECTiOi; 26, '70?2;SH!P ,;~, ,:]c~UTH. , RANGE 25 EAf7 Ct. iL EF ~'O'";-v FLORIDA ~ ........... OF , ' . ....... .O.,~_~..,G '2. % ACRES MORE OR LESS; PFO'."i~-iiG FOR THE P. EPEAL OF OP.D/i;Ai'~: ...... ....... '~.,.~n.,: 8~-55, THE FOFi':EP. SUF.~E':' PLACE PUD; AND BY PROViDll;(; Ali EFFECTIVE DATE. Petition ::o. PUD-~;,-!S(1), RoLe, ri L. Dua:'.e, AiCP, ,~f Hole, Morttes & Associates, inc., rer:esenting :;a-ionai Healthqa:'<- L.P., requ,3~:ting a change :~ the zoning: c'assificatlon of the .iu:':,:V :"a~''~ PUD · ' ~'~ rh~ Clerk to the Col,ies of '~- prop,~red Ordinance are on fi e w . .... Board and a:e available for inspection. Ail [n'e:.--:~d parties are invited to attend and be heard. NOTE: Al: per£'ons wishing to spe~,k on any agenc<~ :te.m must register with the County ackministrator prior to pre.'-:entatlo.~. of the agenda item to be addressed, lndi';idual speakers ',;ill be limited to 5 minutes on any it~.m. T?:e 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 ma'/ be allotted !O minutes to speak on an item. Persons wishing to have written or grar~hic materials included in the =oa~d ack-da .~acketz must submit sa;d mat~ria' a minimum o~ ] weeks prior to the respective public hearina, in any case, written materials ' ~ ..... : ;~.~ he rd be ubmitted to the intended to r~e _~.~o.c_. _d by t Boa shall s approprla%e Uc ..... ~ s_a.f a m .......... r, seven cays prior ~o the public h~arlnc: ~... :r, at _..d '~.~eG i~ L~r-~',--~' atiO~S oefore ~h,~ Board 7:1 become ~ per:ranent part of the reco:,J. Zry -~ ..... ...'ho decides to appeal a decision o~ the Board ',;ill need a recold of the proceedings pertaln:ng thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which 12B3 ' record includes the testimony and evidence upon which the appeal is based. BOARD OF CO~;/Y CO~4ISSiONERS COLLIER CO~{TY, FLORIDA BARBAPJ~ B. BE~R'f, CHAIR:~J~N DWIGHT E ~--v CLERK By: /:;/El'Ce Hof~man, Deputy Clerk (SEAL) 12B3 June i, '998 Mr. Robert L. Duane, AICP Hoi~ _, ,,,~,,_es & Associates, inc. 7i5 'renth Street South :;aoies, FL 34102 ::o~:{'e of Public Hearing tr~ consider Petition Dear Peri'loner: Please be advised that the above referenced petition will be considered by the Board of County ComMissioners on Tuesday, June 23, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published the Naples Daily News on Sunday, June 7, 199~. You are invited to attend this public hearing. Sincerely, Ellie Ho~fman, Deputy Clerk Eric i osure ~.I-102, TH~OLLIER COUNTY LAND ~EVELOPMENT LC. DE, WHiCH~X[.~CLUDES THE COMPREHENSIVE ~.~,~,.~ ~EGU~TIONS ~OP THE UNINCORPORATED AREA CF COLLIER COUNTY, FLORiEA, 5Y AME[:LiNG THE OFFICIAL ZONI~G ATLAS HUMBER. ED 8526N BY CHANGING THE ZONING CLASSiFiCATION OF THE HEREIN DESCRIBED PEAL PROPERTY ~ROM "PUD" TO "PUD" PLAN:;ED U:~iT LE';ELOP~(E~T BUT HAVING'THE EFFECT OF A~4ENDi~G THE~SURREY P~CE PUD TO REVISE PROVISIONS ~MITING CONGREGATE CARE HOUSING AND TO ADD ~EPAL AND ~4EDICAL OFFICE USES TO TRACT A OF THE PUD, FOR PRO~EP. TY LOCATED 0:~ THE souT~?SIDE" OF. i~4OF~LEE PCAD %46; %:;E-HAlF {1/2).,-~I~E WEST OF AiPPCR7 POAD ~C.P. 31), iN oE_~.~, 26, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COU~;TY, ~LORiDA, CONSISTING OF-!2.3 ACRES MORE OR LESS; PROVIDING FOR THE REPEAL O~ ORDI~:AHCE :;U~.:BER 8~-55, THE FORMER SURREY PLACE PUD; AND 5Y PROVXDIMG AN EFFECTIVE LATE. WHEREAS, Robert '. Duane, AiCP of Hoie, :.~ontes & Associates, Inc., .ep._s ....... g National Heal~ Care L.P., petitisne-J the Board of County Ccrmlssitners to change the zcn:r.g riass:ficati~r, of the here.n described rea! HOW 7HEP==C:= BE IT ORDAINED BY THE BOARD OF ..... - .... ~. COMMISSIONERS OF COLLIER CCU~TY, FLORIDA; SECTION The l~ning Classifica.~)n of the herein described real property located in Section 26, TownShip 48 South, Range 25 East, Collier County, Florida, :s changed from "PUD" to "PUD" Planne~ 'init Development in '~ ~-~ with 'h~ PUD Document, a...a .... d hereto as Exhibit "A", which is incorporated herein and by referenc~ made part hereof. The Official Zoning Atlas Map nu~ered 8526N, as described in Ordinance Number 91-102, the Coil:er County Land Development Code, is hereZ':' amended accordingly. SECTION TWO: 9rCi".an~ .... ::,umber ~8-55,~ known as -ho_. _ Su'--~U .... }lace PUD, adopted on Novemner :, 1988 by the Board of County Com~.ls£1zners cf Collier County, is heren7 :epeaied in its entiretV. S~C,.~I THREE: This Ordinance shall become effective upon filing with the Departr. ent of State. FA22E2 AND EULY ADOPTED by the 5card of C&unty Cc~issioners of Cciller Ccun%y, ?lor~a, this __ day of , 1998. ATTEST: BOARD OF COUNTY COT{MiSSiONERS DWIGHT E. BPOCK, Clerk COLLIER COUNTY, FLORIDA Apprc';eC as ~c ~orm and Mar]orie M. Student Asslstant Coun%y Attorney BY: BARBAPA ~. BERRY, Chairman -2- 12B) THE SURREY PLACE PLANNED UNIT DEVELOPMENT Prepared by: Hole, Montes & Associates, Inc. 715 Tenth Street South Naples, Florida 34102 Tel. (941) 262-4617 January, 1998 HMA File No. 96.86 Exhibit "~" 12B$ TABLE OF CONTENTS SECTION 1 SECTION 2 SECTION 3 SECTION 4 SECTION 5 ~ECTION 6 ~ECTION 7 ~ECTION 8 Statement of Compliance Project Description, Legal Description and Short Title Statement of Intent and General Development Regulations Permitted Uses and Site Development Regulations Environmental Standards Traffic Standards Utilities Standards Engineering Standards · ~xhibit A ~xhibit B Legal Description of'l:ract A and B Conceptual PUD Master Plan SECTION 1 STATEMENT OF COMPLIANCE The development of 12.30 acres of property in Section 26, Range 25 East, Township 48 South. Collier Count3', Florida as a Planned Unit Development to be known as the Surrey Place PUD will be in compliance with the planning goals and objectives of Collier County for the following rei~.~ons: 1.1 The project is consistent with all applicable elements of the Collier Count,,' Grox~ Management Plan including policy 5.8 of the Future Land Use Element th.~t permits Adult Living Facilities subject to regulations contained in Section 2.6.26 of the Collier Count.,.' Land Development Code. 1.2 The project incorporates natural systems into either preserve areas or as integral components of the water management system to enhance their natural function. 1.3 The project is compatible with adjacent land uses through the internal arrangements of structures, the placement of land use buffers, and the proposed development standards, as required by Policy 5.4 of the Future Land Use Element. 1.4 All improvements shall be in compliance with all applicable Count)' regulations pertaining to construction and design. 1.5 All Final Development Orders for this Planned Unit Development are subject to the Collier Count5' Concurrency Management System, as implemented by Division 3.15 of the Collier Count)' Land Development Code. 12B3 2.1 2.2 SECTrlON 2 PROJECT DESCRIPTION, LEGAL DESCRIPTION, SHORT TITLE PROPERTY DES(~RIPTION The subject property is located on the south side of Immokalee Road, one half mile west of Airport Road and located in Section 26, Range 25 East, Town.ship 48 South and comprises approximately 12.30 acres of land. The subject property is divided into two tracts. Tract A is the location of an Adult Li','ing Facility (ALF) on 10.57 acres. Tract B is planned for office uses and comprises 1.73 acres. LEGAL DESCRIPTION See a~ched legal description, Exhibit A for Tracts A & B. SHORT TITLE This ordinance shall be 'lcno~'n and cited as the Surrey Place Planned Unit Development Ordinance. 12B3 ': SECTrION ~ STATEMENT OF' INTEREST AND GENERAL DEVELOPMENT REGULATIONS 3.1 3.2 PURPOSE The project purpose is to provide for the development of an Adult Living Facility on 10.57 acres on Tract A, located on the west side of Parnu Street. Also, permitted are office uses on Tract B. on 1.73 acres. Both Tracts A and B are depicted on the PUD Master Plan. Exhibit B. GENERAL The following are general provisions applicable to the PUD Master Plan: Regulations for development of the Surrey Place Planned Unit Development shall be in accordance with the contents of this document, the PUD - Planned Unit Development District and other applicable sections and pans of the Collier County Land Development Code (LDC) in effect at the time of building permit application. Should these r. egulations fail to provide specific developmental standards, then the provisions of the most similar zoning district in the Collier County LDC shall apply. Bo Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County LDC in effect at the time of building permit application. Co All conditions imposed and all graphic material presented depicting restrictions for the development of the Surrey Place Planned Unit Development shall become part of the regulations which govern the manner in which this site may be developed. Do Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of the Adequate Public Facilities Division 3.15 of the LDC at the earliest or next to occur of either final SDP approval, Final Plat Approval, or building permit issuance applicable to this development. 12B5 ' 3.3 3.4 3.5 ;.6 :.7 ,.8 .9 SITE CLI~ARING AND DRA. INA~I~ Cleating. grading, earthwork, and site drainage work shall be performed in accordance with Division 3.1 of the Collier County LDC and the standards and commitments of this document at the time of construction plan approval. EASEMENTS FOR UTILITIES Easements, where required, shall be provided for water management areas, utilities and other purposes as ma)' be required by Article 3 of the Collier Count)' LDC. Ail necessary casements, dedications or other instruments shall be granted to ensure the continued operation and maintenance of all rervices and utilities to insure compliance vdth applicable regulations in effect at the time, construction plans, site plans or plat approvals are requested, in accordance with Article 3 of the Collier Count)' LDC. AMENDMENTS TO THE ORDINANCE The PUD Master Plan is intended as an illustrative preliminary development plan and shall be understood to be flexible so that thc final design ma)' best satisfy the project, the neighborhood and the general local environment. Amendments to this ordinance and Conceptual PUD Master Plan shall be pursuant to Section 2.7.3.$ of the Collier Count.,,' LDC, at the time the amendment is requested. PARKING Parking shall be provided as required by Section 2.6.26 or Division 2.3 of the Collier County LDC. whichever is applicable. SUNSET AND MONITORING PROVISIONS The Surrey Place PUD shall be subject to Section 2.7.3.4, Time Limits, for Approved PUD Master Plans and Section 2.7.3.6, Monitoring Requirements. COMMON AREA MAINTENANCE Common Area Maintenance, including the maintenance of common facilities, open spaces and the water management facilities shall be the responsibility of the oxsaaers' association, together gith ,my applicable permits and conditions from applicable local, State, or Federal permitting agencies. LANDSCAPING REOUIREMENT$ All landscaping requirements, buffers, walls, berms, etc. shall be developed in conformance with requirements of Division 2.4 of the Collier Count)' LDC pertaining to 6 12B3 landscaping and buffering, however, a portion of the front yard buffer, along Visland Avenue. which includes a portion of thc internal drive serving existing development, ma)' average 10 feet in width for a distance ofapproximately 165 feet. Any plantings required to be provided in this area that may be displaced as a result of the size or configuration of the buffer area shall be provided in other portions of the buffer area. 3.I0 SIGNS As provided for within Section 2.5, Signs, of the Collier County LDC. 3.11 POLLING PLAC;E A polling place will be provided in accordance with Section 2.6.30 of the Collier Count2,' LDC, as may be determined to be necessary by the Collier Count)' Supervisor of Elections. 3.12 NATIVE VEGETATION Native vegetation shall be preserved in accordance vdth the applicable requirements of Division 3.9 Vegetation Removal. Protection, and Preservation. of the Collier Count)' LDC. _SECTION 4 PERMITTED U ES AND O VEL PMENT REGULATIONS 4.1 4.2 Bo Ao It is the purpose of' this section to outline the development regulations for the project so that the development v'ill proceed in a manner which is consistent with the PUD document and according to the general goals and objectives of the Collier Count), Growth Management Plan. PERMI'IWED PRINCIPAL USES AND STRUCTURE~ A. Tract "A" 1) 2) 3) 4) 6) 7) 8) Skilled Nursing Adult Living Facility (ALF) Adult Day Care Child Day Care General office use (M .aximum 5,000 S.F.) Home Health Care Therapy Office/Clinic Professional Medical Offices per Tract "B" below ('Maximum 5,000 S.F.) Tract "B" i) Professional Office including but not limited to: Chiropractic Clinic Convalescent Aids Florists Medical Supplies Medical Offices Health Educ:ltion Ambulatory Surgical Data Processing Diagnostic Radiology Physical Therapy 4.3 4.4 4.5 PERMITTED ACCESSORY USES AND STRUCTURES A. Accessory uses and structures eusto~ly associated with uses permitted in this district. B. Caretakers residence, one per parcel of land. PROHIBITED USES AND STRUC'IIJRF_5 A. Any uses or structures not speeifi~ly, or by reasonable implication, permitted herein. .DEVELOPMENT STANDARDS A. Minimum lot area: ten thousand (10,000) square feet B. Minimum lot vddth: 100 feet C. Minimum yard requirements. 1) Fifty (50) feet from all property lines except for forty (40) feet from the east and west properly lines of the parcel po'mit~g professional office uses. (Tract B) A. Maximum height of structure~ 1) Thirty-five (35) feet B. Minimum floor area of structures 1 ) 1000 square feet for each principal structure. DEVELOPMF, NT INTENSITY The Adult Congregate Living and Skilled Nursing Facility on Tract A shall be in conformance with the requirements of Section 2.6.26 of the Collier County Land Development Code that permits a maximum floor area ratio of.45. 12 3 SECTION .ENVIRONMENTAL STANDARD~ 5.1 5.2 5.3 5.4 5.5 5.6 Petitioner shall be subject to Division 3.9, Vegetation Removal. Protection and Preservation of the LDC. A site clearing plan shall be submitted to the Natural Resources Management Department and the Community Development Director for their review and approval prior to an)' substantial g'ork on the site. This plan may be submitted in phases to coincide with the development schedule. The site clearing plan shall clearly depict hob' the final site layout incorporates retained native vegetation to the maximum extent possible and hob' roads, buildings, lakes, parking lots, and other facilities have been oriented to accommodate this goal. Native species shall be utilized, where available, to the maximum extent possible in the site landscaping design. A landscaping plan will be submitted to the communit), development division and thc Natural Resources Management Department for their review and their approval. This plan g'ill depict the incorporation of native species and their mix g'ith other species, if any. The goal ofsite landscaping shall be the re-creation of native vegetation and habitat characteristics lost on the site during construction or due to past activities. All exotic plants, as defined in the Count). Code, shall be removed during each phase of construction from development areas~ open space areas, and preserve areas. Following site development, a maintenance program shall be implemented to prevent re-invasion of thc site by such exotic species. This plan, which will describe control techniques and inspection intervals, shall be filed with and approved by the Natural Resources blanagement Department and the Community Development Division. If during the course of site clearing, excavation, or other constructional activities, an.,,, archaeological or historical site, artifact, or other indicator is discovered, all development at that location shall be immediately stopped and thc Natural Resources Management Department notified. Development will be suspended for a sufficient length of time to enable the Natural Resources Management Department or a designated consultant to assess the find and determine the proper course of action in regard to its salvageability. The Natural Resources Management Department shall respond to an.,,, such notification in a timely and efficient manner so as to pro,,ide ordva minimal interruption to any constructional activities. The oak habitat along the western boundary of the parcel, as depicted on the PUD blaster Plan, shall be maintained as a conse~,afion area and fenced offprior to development activit)' occurring adjacent to it. Regarding the oaks located outside the conservation area designated according to Stipulation 5.5 (the previous stipulation), the petitioner, vahere feasible, will maintain the other xeric oak habitat. If development prohibits preserving individual oak trees in place, the petitioner 10 5.7 shall transplant these trees to landscape areas within the development, or to the conservation area. The petitioner shall work closely with thc Community Development Division during thc tree removal permitting process to dete, l~ine which trees may be successfully transplanted. The same procedure for a gopher relocation (Florida Game and Fresh Water Commission) shall be followed in the event a gopher tortoise is found. The Surrey Place PUD shall comply with the environmental sections of the Collier County Code and Growth Management Plan Conservation and Coastal Management Element in effect at the time of development approval. I! SECTION 6 TRAFFIC STANDARDS 12B3 7.1 7.2 All access shall be by way of Pamu street. There shall be no direct access to Immokalee road. The developer shall make a fair share contribution toward the capital cost of a traffic signal on Immokalee road at the intersection of Pamu street when deemed warranted by the county engineer. The signal will be owned, operated and maintained by Collier County. These improvements are considered "site related.., as defined in Ordinance 85- 55, and shall not be applied as credits toward any impact fees required by that ordinance. 12 12B. SECTION 7 .UTILITY STANDARDS 7.1. 7.2 7.3 7.4 Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 88-76, as amended, and other applicable Count. rules and regulations. Ail customers connecting to the water distribution and sewage collection facilities to be constructed u, ill be customers of the County and will be billed by the County in accordance with the County's established rates. Should the County not be in a position to provide water and/or sewer, customers shall be customers of the interim utility established to serve the project until the Count.v's ofF-site v,'ater and/or sewer facilities are available to serve the project. Appropriate easements for any project internal water improvements shall be documented on thc construction plans and shall be dedicated to thc Collier County \Valet-Sewer District. Construction drau-ings, technical specifications and all pertinent design information shall be submit'led, in accordance with Collier Count,,' Ordinance 97-17 or amendments made thereto, and shall be approved prior to th~ issuance of development construction approval. 12B3 .ENGINEERING STANDARDS :.2 '.3 .4 .5 Detailed paving, grading, site drainage and utility plan shall be submitted to Project Review Services for review. No cons'l~ction permits shall be issued unless and until approval of the proposed consl~ction, in accordance v,'ith the submitted plans, is granted by Planning Services Department. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of Division 3 of the Collier County Land Development Code. Work within Collier County right-of-way shall meet the requirements of Collier County Right-of-Way Ordinance No. 82-91. An Excavation Permit will be required for the proposed lake(s) in accordance with Division 3.5 of the Collier County Development Code and South Florida Water Management District. The project water management requirements are governed by an existing South Florida Wa~er Management District i~:rmit. It is presumed that responsibility to the County for project approval can be delegated under this permit to the County. 14 1 2B3 LEGAL DESCRIPTION OF TRACT A Lots I, 2, 3, 4 and 5 of SOUTHWINDS ESTATES, according to the Plat thereof recorded in Plat Book 11 at Pages 16 and 17 of the Public Records of Collier Count),, Florida AND A parcel of land located in northwest quarter of Section 26, Township 48 South, Range 25 East, Collier County, Florida, being described as follow~: Zommencing at the north quarter comer of Section 26, Tog'nship 48 South, Range 25 East, 2ollier County, Florida, the same being a point on the northerly right-of-way line of lmmokalee load, (S.R. 846). a 150.00 foot right.-of-g, ay; thence run South 00'36'49" East along the east line ~fthe northwest % of the said Section 26 for a distance of 149.98 feet to a point on the southerly 'ight-of-way line of Immokalee Road (S.R. 846); thence nm South 89"55'29" West along the ;outherly right-of-way line of Immokalee Road (S.R. 846) for a distance of 207.05 feet to an ntersection with the westerly right-of-way line of Parnu Street, a 60.00 foot right-of-way and the ~OINT OF BEGINNING of the parcel of land herein described; thence South 00°05'49" East ,long the westerly right-of-way line of Parnu Street for a distance of 159.88 feet to a point of :un'attire; thence 40.20 feet along the arc of a curve concave to the west, having a radius of 150.00 feet, a central angle of 5°07'07'' and ~ chord of 40.19 feet, bearing South 02°28'04' West o the northeast comer of Lot 5 of Southwinds Estates according to the plat thereof recorded in 'tat Book 11 at Pages 16 and 17 of the Public Records of Collier Count,,', Florida; thence South ;9'55'35" West along the north line of Lots 1, 2, 3, 4 and 5 of Southwin~ts Estates for a distance ,f I 115.00 feet to the northwest comer of the ~id Lot 1; thence nm North 00'32'41" West along he northerly prolongation of the westerly line of~id Lot I for a distance of 200.01 feet to the outherly right-of-way line of said Immokalee Road (S.R. 846); thence along said right-of-way ine North 89'55'29" East for a distance of 11 I8.36 feet to the POINT OF BEGINNING. 'he above describes an area of approximately 10.57 acres of land. ;ubject to easements, restrictions and reservations of record. LE ,GAL DESCRIPTION OF TRACT B areel A: parcel of land located in the Northeast 'A of the Northwest ¼ of Section 26, Township 48 outh, Range 25 East, Collier County, Florida, being more particularly described as follows: 15 12B3 COMMENCE at the Northeast comer of the Northwest ¼ of Section 26, Township 48 South. Range 25 East, Collier Count)', Florida, the same being a point of the Northerly right-of-way line of Immokalee Road, S.R. S-846, a 100 foot fight-of-way; Thence run S00°~6'49"E along the East line ofthe Northwest ¼ of the said Section 26 for a distance of 100.00 feet to a point on the Southerly right-of-way line of lmmokalee Road and the point of beginning of the parcel of land .'aerein described, thence continue S00°36'49"E along the East line of the Northwest ¼ of the said Section 26 for a distance of 250.01 feet to the Northeast comer of Lot 6, Southwinds Estates according to the plat thereof recorded in Plat book 11 at Pages 16 and 17 of the Public Records ~f Collier County, Florida; thence run S89"56'15"W, along the North Iine of the said Lot 6 for a :listance of 150.49 feet to the Northwest comer ofsaid Lot 6 and a point on the Easterly right-of- ,way line of Pamu Street, a 60.00 foot right-of-way, the same being a point on a circular curve :oncave to the West, ,,,.'hose radius point bears NgS~3'05"W, a distance of 510.00 feet herefrom; thence mn Northerly along the are of said curve to the left, the same being the -7~sterly right, of-way line of Parnu Street, having a radius of 510.00 feet, through a central angle ~f 04°30'39', subtended by a chord of 40.14 feet at a bearing of N02°l I'35"E, for a distance of ;0.15 feet to the end of said curve; thence run N00°03'45"W, along the Easterly right-of-way ine of Parnu Street for a distance of 209.89 feet to a point on the Southerly right-of-way line of mmokalee Rd; thence run N89"56'15"E along the Southerly right-of-way line of lmmokalee ;.oad for a distance of 146.51 feet to the point of begirming. .ESS AND EXCEPT approximately the North 50 feet thereof which ,,,,'as conveyed to Collier :ounty for road right-of-way by instrument recorded in OR Book 1500, page 294, Public :ecords of Collier County, Florida ubject to restrictions and reservations of record. Jescription from OR Book 1577, pages 564 ~tnd 565, Public Records of Collier County, Florida. ot 6, SOUTHWINDS ESTATES, recorded in Plat Book 11, Pages 16 and 17, of the Public .ecords of Collier Count>.. Florida. 12B3 June i, 1998 National Healthcare L.P. City Center 100 Vine Street Murfreesboro, TN 37130 Re: Noti~ of Public Hearing to consider PUD-2~-iO(i) Dear Petitioner: Please be advised that the above referenced petfzion will be considered by the Board of County Com.r, issioners on Tuesday, June 23, i99~, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the ::aples Daily News on Sunday, June 7, 2992. You ar=.. in','ited to attend this ~"~ic.~...~ .... ~a.~ng. ~' Sincerely, E!lie Hoffman, Deputy Clerk Enclosure DaiLy Nays BOARD OF COUflTY COFU'I]SSIC~ERS ATTN: NANCY SALGGIJ~ PO BOX &1~16 KA~LES FL ~.10'1-30~6 REFERENCE: 001230 BO32T7 577033~? NOTICE OF INTENT TO State of FLorida County of Cott~er Before the ueders~g~ed authortty, pers~flatty attested B. ~, ~ ~ ~th ~s t~t s~ se~es as t~ Assist~t Cat,Kate Secretary of Oatty H~s, a ~ity ~s~r ~t~ at ~L~ ~n CoLtter C~ty, Ftort~: t~t t~ attac~ ~ of ~vert~s~ vas ~t~s~ ~fl ~d A~ft~t further ~ t~t t~ ~d ~tes ~s ts · ~s~r ~tt~ at ~Les, tn ~d CoLtter ~ty, FtoeJ~, ~ t~t t~ ~L?s~ tn ~id CoLlter ~ty, Ftort~, ~y ~ ~s ~ ~ter~ as se~ cLass ~t Niter at t~ ~st office tn ~Les, tn ~$d CoLLier C~ty, FLort~, for a ~rt~ ~xt peec~ t~ f~rst ~Lt~tt~ ~ ittac~ ~ of ~vertIs~t; ~ afft~t furt~r ~s t~t s~ ~s ~it~r ~id pr~$~ ~y ~r~, firm or ~rati~ dts~t, r~te, ~is~ or ref~ ~r~e of se~ri~ t~is ~ert~s~t for ~Li~tt~ ~n t~ said PUSt. ISNEO ON: 06/07 AD SPACE: l&8.000 INCH FILEO 0~: 06/C~/98 Stgfleture of Affiant S~orn to &nd Subscribed before se this ~" day of Perf~naLLy kAo~n by me AN' ORDINANCE AMENDING ORDI- NANCE NUMBER ~OO~, WHICH IN- CLU~S THE COM- ffEGULATIO~S FOR ~TY, FL~ 8Y PROPERTY "PUD" TO "PUD" PLAH~O UNIT VELOPMENT BUT ~ A~NDING THE ~REY ~CE TO REVISE PROVI. G~EGATE CARE F~ ~S TO OF A~P~T ROAD 2& TO'WNSHI~ S~UTH ~ANGE 2S T~ ~ 12~ A~ES SU~EY T~ DATE. 12B3 he.re ~e B~rd w~ be- COUNTy, · , BERRY E, BROCK No. 12211& ORDINANCE 9A- 6~ A'.i ORDItlANCE AMENDING ORDINANCE NUMBER 9i-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZOO: ..... .... ?EGULATIOtlS FOR THE UNIIICOPPOPATED A.~EA OF COLLIER COUNTY, FLORIDA, BY AMENDING T.._ OFFICIAL ZOI)!NG ATLAS MAP i:UMBEPED 8526N BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT LE'/ELCPMEN7 BUT HA';iHG THE EFFECT OF AMENDING THE SURREY PLACE PUD TO REVISE PROVISIONS LIMITING CONGREGATE CAPE HOUSING 70 TRACT A OF THE PUD, FOR PROPERTY LOCATED CS: THE SOUTH SIDE OF IMMQYALEE ROAD fC.P. 846~ ONE-HALF (1/2) MILE )lEST OF AIRPORT PCA~ 'C.R. 31~, iH SECTi%:: 26, TTW:;SHi~ 48 SOUTH, RANGE 25 EAST, CO'SLiER COUNTY, FLORIDA, CONSISTING OF 12.3 ACRES t4ORE OR LESS; P~OViDING FO9 THE REPEAL OF ORDINANCE HUMBER 88-55, THE FORldER SURREY ~LACE PUD; AHL BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Robert ' Duane, AiC? of H. ole, Montes & Associates, Inc., represer, tin~ Uational Health Care L.P., petitioned the Board of County Com~.~ss~oners to change the zoning ~]~~ion ~ the herein described real NOW /Ht?EEORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER. COUNTY, FLORIDA; SECTION ~ ,.,. Zsr, lr.g Classification of the herein described real property located in Section 26, Township 48 South, Range 25 East, Collier County, " i~ ' ... :.or , is cnaqz~*d from "PUD" to "PUD" Planned .~nzt Development in accordanre with '~ PUS Document .... , ~.a..~.d hereto as Exhibit "A" which is incortora~-d ~ ='~ ...... r._l., and by reference made part hereof. The Official Zoning Atlas :<au numbered 8526N, as descr:$ed ir. Ordinance Number 91-102, the ~i';~- ' ..... Land ' ............ ~ uevelopment Code,' is'hereby amended accordingly. SECTION TW2: Crdinan-:e :;umber %8-55, known as the Surrey Place PUD, adopted on November 8, '?%~ by the Board of County Commissioners of Collier County, is hereh7 repealed in its entirety. SECTION THFEE: This Crdinance shall become effective upon filing with the Department .~f State. PASSED AND DULY ADOPTED by the Board of Couaty Co~,.~.is$ioners of ~.. Collier Ce~r.;y, Florida, thisi~3 day of<':.~.,~ , 199~. ATTEST: BOARD OF COU:~TY CO~4XISSi~E?S r/~iGHT E. -~?bgK, Clerk COLLIER COUI~TY, YLORiDA %'lgnature Appro;'e~ as t~ Form and Legal ~f~lc~enc~ ~4. Student Assistant ...... .c.~.;~ Attorney doc EXHIBIT A TilE SURREY PLACE PLANNED UNIT DEVELOPMENT l'rcparCd by: Hole. Montes & Associates. Inc. 715 Tenth Street South Naples. Florida 34 ! 02 Tel. {941 } 262-46 i 7 January.. 1998 lIMA File No. 96.86 'rAiiI. E ¢)¥ CONTENTS 1 SF. CTION I SiCC'TIf)N 2 SI!('I'I()N 3 SI!('TI( )N 4 SF.C'I'if)N 5 SI'~C"I'I¢)N 6 Sli('-I'I¢)N ? SI.i(' I'l()N ~ Statement of Compliance Projcc! De.~ription. I.e[zal Description and Short 'lille Statement of Intent and (icncral l)evclopmcnt Rcffulati.n~ l'crmiucd l :~s and Site I)cvclopmcn~ RcgtJlations Envimnmenlal Slandards Tral~c S~andards I,'filifies Standards Enffinecring Slandards Exhibit .,\ l-~xhihi~ 1~ l.egal i)escriplion of Tract A and B ('onccplual Pi]I) Masler Plan SECTION ! STATEMENT ¢)F ('OMIq. IANCE lhe development of 12.30 acres of properly itl Section 26. Ranu¢ 25 I'iast. 'l'oxvnship 4X Sot, th. Collier ('ountx. I:lorida as a Planned I :nit i)¢,,clopment to be k~noxxn as thc Surrey Place I'lll) o xxill be in compliam:e x,,ith the planning goals and objectives of ('oilier ('ountv fi~r lite Iblloxving I.I 1.2 1.3 1.4 !.5 Ihc pr~,lcct ~s consistent xx'itll all applicable dements ~I tl~c (.'oilier ('et, htr (iroxvth Xl:magcmcnl Plan including Policy 5,8 of Iht l'ulurc i,and I'sc I'~lcmcnl lhat permits Adult I.i~ lng Facilities subject to regulations contained in Ncction 2.6.26 ~d' thc ('oilier ('~,tllll~ [ isfld l)c~ch~pmcnt ('c~c. Ibc proiccl incori~rales natural systems into either prcscrxc areas or as integral c~m~p~mcnl,, ~d' Iht.' xxalcr Illal'lagelllelll st SICIll t()enI1;.lncc IJlcir naturitl I'tlll(ZlJt)ll. Iht proicct is compatible xx'ith adjacent land uses through thc internal arrangements of sm~cturcs, thc placement of land use bul'lYrs. ;md the proposed development standards, as required b~ Policy 5.4 of the Future I.and I',~e Elemenl. .All inlprovements shall be in compliance xxitll all applicable ('m,nt,, regulations pertaining to constmclion and design. All Fin;,I IJevelopment Orders Ibr this Planned l'nit i)e',eh)pnlent are subjecl lo the ('oilier (.'ountv ('oncurrency Management .qyslem. as inlplcmcntcd by Division 3.15 of ~hc ('()llicr ('ountv I.and Development ('ode. .gE('TION 2 PRO.IECT DESCRIPTION, LE(;AI. i)E.gCRIPTION, SIlORT TITI.E 2.1 2.3 I'ROPI(P,'I Y I)I-2SCRIP'I'ION 1 he subject property is located on thc soulh side of immokalee Road. one hall' mile west ~1' .,\irpon Road and Iocaled in Sccli(m 26. Range 25 East. 'l'mxnship 48 South and comprises approximately 12.30 acres of land. The subject propcrt,,' is divided into two tracts. 'lract :\ is the location of an Adult I.Mng Facility I.,\1.I:} on'l 0.57 acres. Tract I! is planned Ibr office u.~s and ¢ompri.~s i.73 acres. I.I!¢).,\I. I)I-2S('RIP'H()N Sec attached legal description. F. xhihit A lbr 'l'racts ,.'~ & Il. SIlORT 'I'11'!.i'; This ordinance shall be known and cited as the Surre,,' Place I'lanncd I 'nit l)cx elopmcnt ¢)rdinancc. SECTION 3 STATEMENT OF I~TERF. ST AND GENERAL DEVELOPMENT REGULATIONS 3.1 3.2 PURPOSI'~ 'l'hc project purpose is to provide fi~r thc development of an Adult l.iving Facility on 10.57 acres on Tract A. located on the ,,,,est side of Pamu Street. Also. permit[cd arc office uses on Tract B. on 1.73 acres. [:loth Tracts t\ and B arc depicted on the PUD Master Plan. Exhibit Ii. GI'~NF. RAi. The tblh,u, ing arc general provisions applicable to thc l'I 'l) Master Plan' D. Regulations tbr development of the Surrey Place Planned I Jnit l)cvclopmcnt shall be in accordance with the contents of this d~cumcnt, thc PIJI) - Planned IJnit Development District and other applicable sections and parts of thc Collier County Land Development (kxle II.I)CI in effect at thc time of building permit application. Should these regulations fail to provide specific developmental standards, then thc pro','isions of Ih¢ most similar /~ming district in the ('ountv I.I)C shall apply. I'nless othen,,ise noted, thc delinitions ol' all terms shall hc the same as thc dclinitions set fi~rlh in thc Collier County I.I)C in effect at the time of building permit application. All conditions imposed and all graphic material presented depicting restrictions for the development of the Surrey Place Planned [.;nit Development shall become part of thc regulations which govern thc manner in which this site may be dcx'clolx..d. Dcvch~pmcnt permitted by thc approval of this petition will be subject to a concurrency review under the provisions of thc :\dcquatc Public I:acilities l)ivision 3.15 of the LDC at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance applicable to this development. 3.3 3.4 3.5 3.7 3.8 Slit: ('[.}!..\RIN(} .-\NI) I)R..\IN..\GF. (_'leafing. grading, carlh,,~ork, and site drainage v,{,rk shall bc pcrli~rmcd in accordance ~,, ith thc ('~dlicr Countx I.DC and the st:mdards and commitments {~1' this document at thc time (~l'c~mstrucli~m plan approval. I~..%S[~NII~XI'S I:OR I"1 I[.I'i'iES l~a~cmcnt>. ~hcrc required, shall N' pn~vidcd fi~r ~atcr management areas, utilities and {~thcr purp,~scs a~ max ~' required bx Article 3 ~I' thc ('~,llicr (',,untx I.I)('. All ncccssa~ casements, dcdicali~ms ~r ~thcr instruments shall bc granted m ensure thc c~nlinucd ~,~'rati,n and maintenance of all ~iccs and utilities t~ insure cmnpliancc ~xith applicable regulations in effect at thc time. c~mstructi~n plans, site plans t~r plat appr~x al~ arc requested, in accordance x~ ith A~iclc 3 {~f thc ('{dlicr ('~mntv I.I)('. A.NII~NI)NIIiN'I $ 'l (1 'I Ill! ORDINAN('i: 'Ibc PI'I) Nlastcr Plan iN inlendcd as an illustrative prclimint~r% dc~ch)pmcnt plan and ~hall bc undcr~tm~d I~ ~' flexible s~ that thc Iinal design ma~ bc~t ~;lli~l¥ thc pr~jcct, thc ncighb~rh,,~d and thc ~cncral local cn~ ir~mmcnl. Amendments m Ihi~ ~rdinancc and C~mccptual PI'I) Xlastcr Plan shall bc pursuant lo 5cerium 2.7.3.5 ~,1' thc ('~llicr Coum)' I.I)('. at thc lime thc amendment is rcqucslcd. l';~rking q~all bc pr~idcd as required b~ Sccti{m 2.(~.26 t~r I)ixi~i~m 2.3 ~I' thc ('tdlicr ('~mnt> I.I)('. ~hichc~cr is applicable. Si 'NSI:'I AND MI~NI'I ()RING PR()VISI(>NS 'thc Su~c~ Place PI'I) shall ~ subject Io Section 2.7.3.4. lime I.imits. Ibr Appn~vcd PI 'I) Maslcr Plans and Scclion 2.7.3.6. Nhmilt,ring Rcquircmcnls. ('()N1NI()N ARimA NI..XlN'I'ILNAN('I~ ('~m~m~m area maimcnancc, including thc maintenance ~l'c~,mm,m l}~cilitics. {~pcn spaces and thc ~'atcr management lhcilitics shall bc thc rcsponsibilit~ ~d'thc turners' ass~ciatitm. together ~ith any applicable ~'rmits and conditions l?mn applicable I{~cal. ~latc. or Federal permitting agencies. I.ANi)S('APIN(} RI~QI;IRI~MI~NTS All landscaptn~ requirements, but'lkrs. ~alls. bcrms shall bc dcvch~pcd in c{mlbrmancc ~ith requirements of Division 2.4 oI' thc C~llicr County I.I)(' pertaining to landscaping 3.1o 3.11 3.12 and Tract may rcquil con~ l~)rllC ¢ i 00) lot tN Si(iN ..\s pr ..\ poi I.DC. l:lccfi NA'I' ~Tcring. however, a portion of thc Imnl )'ard buffer, ah,ng Visland Avenue lbr A". x~'hich includes a portion of thc internal drive sen'lng existing development. 'cragc l0 feet in v~'idlh fi~r a distance of approximalcly I(,5 Ibet. Any plantings d to be provided in this area that may be displaced a~. a result of thc size or ~ration of ihc buffcr arca but such displaced plantings shall bc providcd in other s of thc buffer area. The buffer along Visland ,,\','cnuc ,.hall achio,'e one hundred ,.:rcent opacity vdth six months, after thc issuance of a ('ertificate of ()ccupancy aropo.~d addition. tided I'or ,.vithin Section 2.5. Signs. ,,f thc ('oilier ('ountv I.l)('. NG i'I,.,\('F, ng place \,.ill I",c provided in accordance v, ith .<,cerium 2.6,30 ,f thc ('-Ilicr County as ma',' be determined to be neet,san' b~. thc ('oilier ('ountv Supervisor of IE VE(iIH'AHON l)iv I.I)C vegetation shall be pre.~n'cd in aco,rdancc x~itl'l thc applicable requirements of .~. 1. Vegetation Removal. [)rotcct.,n. and l'rt.'scrvati,n, of the ('oilier ('otmty 1 2B3 f 4.1 4.2 .~E('TI()N 4 PERMITTEI) I'SES AND I)EVEI,()PMENT RE(;I'I,ATI()NS A. i il is lhe purl~.,m of Ihis .~¢tion Io outline lhe developmem regulalions lbr the projec! so Ihal lhe developmcnl xxill pn,,:ced in a manner u, hich is consistcm with .~, lhe Pl;l) document and according m lhe general goals and objeclives of the i} £'~fllier ('~mnty ¢ irm,,ih Managemen! Plan. PER~,II'I'I'I:[) l'RIN('lP.,\l, I ;.qES AND S'I'R1.7¢"I'I 'RES A. I Tract"A" I~ Skilled Nursing 21 ,.\duh l.ixing Facility (Ai.I"~ 3~ Aduh lJax ('are a ~ ('hild l)a', ('are 51 I lom¢ I leahh Care t',~ 'lhcrapy ¢)ltice'Clinic B. 'I ract "W' II ProlL'ssional (Il'lice including hut not limited ('hiropractic ('linic ( 'onx al¢.~¢n! Aids I'hammc.~ Florists .Medical Supplies Xlcdical ! leahh l'.'ducation Ambulaton.' Surgical l )ara Processing I )iagnostic Radioh~gy I'hx sical l'hcrapy 4.4 4.6 4.5 :\ccesson.' u.~s and structures customarily associated v. ith uses permitted in this district. B. Caretakers residence, one lx'r parcel ~f land. ('. I hrcc lhou.~nd (3.1)00) S.F. of general of'lice lbr NJ t(' usc -nl'~ to mcct lucal and regional hcahhcarc m.'cds on 'Iract "..V'. I). 'l',,~ent.'.-five hundred (2.StXI} S.F. of medical usc lbr gerialric cam -nh' ~m I'racl I IlBI_TEI) 1;.%!{.% AND gIRI;("l'l ;RI:..',; /\. .,'~n~. usc's nr structures not spccilicallv, nrb,, rcascmahlc implicati{m, permitted herein. ' DI 'Ei.{)I'MI'~N'I' S'I'ANI)/'~RI)S A. Minimum lot area: 'l'~.'n thou~nd II ().i~'~) .square Ii'ct B. .~linimum lot ',,,idth: 100 Ii'et C. .~linimum )'ard requirements. I ~ Fifty (50) I'e¢l from all pr,,l'~:rty lines except li,r Ii,nv (40) feet from thc cast and s~esl properly lines of thc parcel Ix.'rmitling i~mli..ssional ol'licc uses. /Tract i). ,~laximum height of structures 1) Thirl.~-l],,e (35) feet Ibr Tract "..\". 2) F~my-l]vc (45) feet for Tract "B". E. Minimum Ih,or area ofstructurcs I } 1.000 .square feet for each principal structure. l)l-: VF.I.( )I'Mi-.'NT IN'FENSITY lhc Adult l.iving and Skilled Nursing Facility on Tract A shall bc in conlbrmancc with thc requirements of Section 2.6.26 of thc ('{diier (.'ount,~ I.and l)cveh~pn'mnt Code thal permits a maximum lloor area ratio of.45. SECTION 5 ENVIRON.MENTAl. STANDARDS 5.1 5,3 5.4 5.5 5.2 ..\n exotic xe~elatmn removal, monitnrin~z, and maintenance (cxotic-f'rccl plan Ibr thc site. ~ith emphasis on tile con~'alinn'prese~ation areas, shall he submitted to ('u~cnt i'lannin~ Im~'imnmcnlal Staff fi~r rc~ ic~ and appn~ al prmr 1~ final site plan c~mslrucli(m plan approval. If during thc cour~ nf ,die cleafin[z, cxcavatinn, nr other constmctinnal activities, any archacological or historical site. a~itbcl, or nlhcr indicator is discovered, all development ~I that h~ation shall ~ immcdialcly stnp~,d and Ibc ('u~cnl Plannin~ lmvirnnmcntal Staff notified [)c~clnpmcnl ~ill ~ sus~ndcd fi)r a ~ufl]cicnl Icn~lh hi' lime It) enable the ('u~cnt I'lannin~ t:n~ironmcn~l Stall' or a designated consultant lo assess thc lind and dclcmfinc ~hc proof cour~ ofaclinn in regard In ils salvagcahilil~. 'I hc ('u~cnt Planning I.m irnnmcn~al ~lafl' shall rcs~nd to any such notilicalion in a tin~cl~ and cllicicnt manner so a~ I~ provide onl~ a minimal intcrmplinn to any cnnstmclional a~tivitics. At thc lime of ~I)P suhmiual, the ~mb na~'Gopher tonnisc prc~'c area shall k licld su~'cycd and more accuratcl~ .~h~n on Ih¢ Site Plan lo reflect thc actual hmndan. lite oak habitat along ih,: '.~'es'lem h~undarx' of thc parcel, as depicted nn the PI II) Master Plan. shall Ix. maintained as a con.~'ation area and lk.'nccd off prior Io developmenl acli vity ~nzcurring adjacent to it. 'lhe pelitioner shall maintain Ihe nthcr xeric oz, k habitat wherever outside ~d'thc f-otprint of'Ibc building nr infra'qructure. II'dc~'ch~pmcnt prohibits preserving indix idual ~}ak trees in place, the lx:litioner ~,hall transplant thc~,c trees t~ landscape areas ~vithin thc development, or to the con.~rvation area. 'lhe pctiti~mcr shall -.'ork closely with thc ('ommunitv l)evdopment I)ivisinn durinLz the tree rcmo,val pcrrnittin~ process to determine ,,,~ hich Irce,¢ may Ix' su¢ccssl'ulh transplanted. ,,\ habital mana~¢menl plan for gopher torloi.,~.,s shall Ix. submillcd to ('urrent Planning l(nxironmcntal %taff Ibr review and apprnval prior t~ final site dc,~ch,pment plan approval. 'Ibis plan shall address maintenance of the prescrxc area and exotic x ctzetation removal. which mu:,I hc dnne h'~ hand in the preser,.c area. I'hc PI 'i) shall be consistent with the I(nx ironmcntal scctiom, ,)1' the ('oilier (irox,~th .~lanagement Plan ('onse, ration anti ('nastal Xlanauemcnt iilcment and thb ('oilier ('ountv I.and Development Code at the time of Iina~'devclopmcnt order approval. 1 2B3 1 S£CTION 6 TRAFFIC STANI)ARI).g 6.1 All access sl:;~l! be b'.' x'.ay of Pamu Street. There shall be no direct access to Immokalee Road. 6.2 'l'hc dcvch,pcr shall ~akc a lhir share contribution tos~.ard thc capital c~st ora traffic s~gnal ,,n Imm,kalcclJe, ad at thc intcrsccm,n ~f i'arnu gtrcct x,.hcn deemed warranted bv thc C~untv l'~nginccr. '1 he signal '.'.'ill be oxvncd, operated and maintained by ('oilier County. I hose impn,.'cmcnts arc considered "site related", as dclincd in Ordinance 92- 22. and shall not be applied as credits m~'.'ard an',' impact lyes required by that Ordinance. II SECTION 7 UTll,ITY .";'FA N I)A R i).,,; 7.]. 7." 7.3 7.4 '~Vater distribution, selvage collection and transfnission and interim xvater and/or .~,,'~age treatment fheilities to sen'e thc project arc to be designed, constructed. ¢~m~e?ed. nY. ned and maintained in accordance with ('hiller ('ountv ()rdinanee Nh. ~-76. as amended, and other applicable ('aunt? rules and regulations. .-\11 customers cnnnecting tn the ~,vater distribution and soy, age collection fhcililics to be constructed x~'ill ~ customers of thc ('ountx and will be billed by thc ('~mntv in accordance with thc ('nuntv's established ~alcs. gh~mld thc ('ountv not be in a N~sition m provide water ann"or scxter, customers shall be customdrs of thc interim utilit?' established to ~r~c thc prnjccl until the ('ountv's oflLsitc water and ,~r sexver fhcilities are available to sen'e the pr~iect. Appropriate ea.~ment$ fi~r an?' project internal ~atcr imprnvements shall be d~cumented on the cnnstruetion plans and shall be dedicated I~ the ('oilier ('otJnlv kVatcr-.'qexver Districl. £'on~tructinn drax~ings, technical specifications and all pertinent design inli,rmation ',hall be submitted, in accordance x~'ith ('~fllier ('ountv ()rdinance ~,~7-17 or amendments made thereto, and shall be appro,,-cd print to th~ isst,ancc of de,~ elopment construction approval. 12 SECTION 8 ENGINEERING STANDARDS 8.1 8.2 8.3 8.4 8.5 l)ctailcd paving, grading, site drainage and utility plan shall be submitted to ('oilier Count~.' l)cxelopmcnt Sen'ices for rcvicv,'. No construction permits shall be issued unless and until approval of the proposed construction, in accordance with the submitted plans. is granted bv Collier Count.,.' Development Sen'ices. Design and construction of all improvements shall be subject to compliance ~,,.'ith the appropriate provisions o£ l)ivision 3 of the ('c, llicr ('ot, ntv l.and l)cvclopn'~cnt ('ode. Work s~,ilhin ('oilier County righl-ol:v~a.x shall meet thc requirements o1' ('oilier ('ountv Right-of:Way Ordinance No. 82-91. ' ..\n I';xcaxation Permit x~ill be required li,r the propo~d k,kcls) in accordance xvilh Division 3.5 of the Collier Count.,,' Dc'.elopmcnt Code and .";outh Florida Water .~ lanagemcnt District. l he pro eot x,.alcr management requirements are governed by an existing .%oulh Florida Water .~lanagcment District permit. It is presumed that responsibilit3 to the ('ount', proicc~ appr~,val can be delegated under this permit to thc ('ountx. 13 EXlllBIT A LEGAL DESCRIPTION OF TRACT A [.ets I. 2.3.4 and 5 of SOl.:'l I IWINI)S ES'I A'I I:S. according to thc Plat thereof recorded in Plat Book I ! at I'.ucs 16 and 17 el'Ibc Public Rec~rds ~d'('.llier ('~mnl). I'h~rida AND A parcel of Ii, nd located in northwest quarter of Section 26. '1 ou,'nship 48 South. Range 25 I':ast. Collier C'ount~. H,~rida. being described as ('ommcncin~ at thc north quarter comer of Section 26. 'l'oxvnship 48 South. Range 25 East. Collier (.'oUnl,.. Florida. the same being a point ~m the nonhcrlv right-ol'-xvav line of hnmokalee Road. ~S.R. X-~6~. a 150.00 Ibot right-of-u, ay: thence mn South i~0"36'49" lia~t along the cast line of thc n-rthx,.c,t ', ~fl'thc said Section 26 Ibr a distance of 149.98 IL'et to a point on the southerly right-of-v,a.,, l~nc ~I' Immokalee Road IS.R. 846~: thence run South 89"55'29" West along th~ southerly right-,,/'-x~ay line of Immokalec Road tS.R. 846} Ibr a distance of 207.05 lizct to an intersection ~ ith thc ~'cstcrly right-or-%ray line of Pamu Street. a 6i'1.0~1 lbot riL~ht-of-way and POIN'I {)I- I',I'.(iiNNIN(i of thc parcel of land herein described: lhence .~outh ()0"05'49" East ahmg the x~c,lcrl,, right-of-way line of Parnu Street lbr a distance of 159.88 feet to a point of curvature: th,.'ncc 40.21) I'ccl along the arc of a curve concave Io thc v~cst, havinu a radius of 450.(,~tl lket. ,: central anL21e of 5°07'07.. and a chord o1'40.19 I~.'et. bearin[2 South 02";28'04" West to the n~rthc~:,t c~mer of I.ot 5 ol'South~'inds !!stales acc~rding to thc plat thereof recorded in Plat Book 1! .ti ['aL.2es 16 and 17 el'the Public Records of ('oilier ('oulllv. Florida: thence South 89"55'35" \\'.:.,t along the north line ell.els I. 2.3.4 and 5 ~ffSouth~in~ts l:statcs for a distance of I 115.00 lCCt t~ the northv, est comer of the .~aid l.ot I: thence run North 00°32'41" West along the northcrl.~ p:,d~mt2ation of the u, estcrly line of said I.ot I for a distance ~1' 2¢)0.01 feet to the southerly right-~q'-u.a.,, line of said lmmokalec Road (S.R. 8461: thence alone said right-of-way linc x/t~rth 89 -: -~ '29" I:ast Ibr a distance of I i 18.36 leer to thc I'()IN'I' { ~l' Ibc ah{~ c dc-,. ri he,, an area of:,pproximately 1~1.57 acres of land. .hUhlCCt t(~ ca,,cmcnts, rcslrictions and reserx'ations o1' record. LE(;AL DESCRIPTION OF TRACT Parcel A: :\ parcel of land h~cated in the Northeast % of the Norlhv,'cst ',', of Section 26. Township 48 South. Range £ 5 I-.a,q. Collier ('ounty. Florida. being more particularl.,, described as follows: 14 C'()MMI!NC'I'. at the Norlhea.s! corner of thc Northwcsl % of Section 2fl. 'l'o~nship 4g South. Range 25 E~st. ('~,llicr County. Florida. thc same k'ing a point of ~hc Northerly right-olz~vav line of Immokalcc Road. S.R. S-846. a I00 f~t right-ol2~vav: Thence run S00"26'49"E ah)~g the E~st line of the Northwest % of the ~id Section 26 for a distance of I00.00 IL'et to a ~)int on the Southerly right-of'way lin,.: of Immokalce Road and thc point of beginning of' thc parcel of' land herein descried, thence continue S~36'49"E along the East line of the Northwest % of thc said Section 26 fi)r a distance off 250.01 feet to Ibc Nonhemst comer of l.ot 6. Southwinds Estates according to thc plat thereof' recorded in Plat book I1 at Pages 16 and 17 of the Public Records of Collier County. Florida: thence mn Sg(/'56' 15"W. along the North line of Iht said I.ot 6 Ibr a distance of 150.49 l~ct to the Northwest corner of'said l.ot 6 and a poini on thc Easterly righl-olZ x~ax' line of Pamu Street. a 60.00 f~t righbol:x~'ay, thc same being a point on a circubr curve concaxc to thc West. xs'hosc radius point ~ars N85"33'05"W. a distance of 510.00 Ibct lhcrefrom: thence mn Nonhcrh' along the arc of ~id cun'c lo thc left. thc same being thc Easterly right-of-~ay line of Pa~u Street. having a radius of 510.00 lbct. through a central angle of 04~30'39''. subtended by a chord of40.14 Ikct at a ~aring of NO?l 1'35"!L fi~r a distance of 40.15 feet to thc end of said curt'e: thence mn NOWO3'45"W. along thc liastcrlv right-ot~way line of l'amu Street fi~r a distance of 209.89 Ik'ct to a ~,inl on Ibc Southerly rightfol2x~'ay line of lmmokalcc Rd: thence run NS{P56'iS"E along the Southerly right-~,l%~ay linc of Immokalee Road Ibr a distance of 146.51 k'ct to thc ~int ofbcginning. I.ESS ANl) EX('I(PT approximately thc North 50 Ikct thereof which was c~,nvcvcd lo ('oilier Countx fi~r road right-of-x~a3 by instrument recorded in ()R Book 15~)~). page 294. I'ublic Rcc-rds of('ollicr ('ounly. Florida subjccl to rcsirictmns and rc~nmions of record. [)cscripfion fr(,m ()R P,o~,k 1577. pages 564 and 565. Public Records ,,f('otlicr ('(milt)'. I:l,rida. ANI) l.ot 6..'gl'Il "111WINi)S i'.'S I'A'I'I~S. recorded in Plat Book II. I'agcs 16 and 17. ()f thc I'ublic Records of ('oilier ('ounly. Florida. 15 ~ IIIII II II I II I III I III I IIIII II 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. 98-60 Which was adopted by the Board of County Commissioners on the 23rd day of June, 1998, during Regular SesSion. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 24th day of June, 1998. DWIGHT E. BROCK .,' ................. Clerk of Courts and Cl,erk" ' Ex-officio to Board.of '. County Commissioner~ . (By: Maureen Kenyon~. , .. ~. .. !: Deputy Clerk '- ;7 ','°: ' '- " COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC IIEARINGS To: Clerk Io the Board: Plca~ place thc fnllonlng as a: XXX Normal legal Advcrliscmcnt (Display Ads'., Ioc~fion. c~c.) [] Olhcr: Petition No tit none, give brief dcscriplion): PUD-97:I 7 ~/ Pemitioncr: 0Varec & Address): Arncrada Hess Coruoration. 909 2~e' Driye E~sl, EIIcnton, Florida 3.1222 and Garrctt F~ X. Bc~'rcnt and TC~I BreT...$k.i, 2375 Tamiami trail No~!jt_c 304. N~I?I__~. Fl_ori_..&_! 34193 Name & Address oran)' Ix:rson(s) to be nodficd by. Clerk's Office: (If more sp~c is needed, attach separate shccl) Bruce J. Siciliano. AICP. Aanoli. Barber it. Brundage, Inc., 7400 Tpmjami Trail NorIh, Naples, FL 3410R and Attorn~ Du_dlcy Good!c!lc, ~}ood!cttc. Co!crr~n & Joh.nson, pA, 4~ I. Tamiami.T~il Norlh. Na~)!cs, FL 3.s 103 Hearing tx:fore XXX BCC BZA Other Newspaper(s) lo bc us~l: (Complete only il'import~nt): Based on advcrliserncnt appearing 15 days before llcaring. XXX Naples Daily O~hcr [] Legally Required Proposed Text. (Include legal description & common Iootion & Size. Pclili~n No PUD-97-17. _Br'ugc J. Sic. flmno. AICP of A_gn.~[k B_a _r~_ £& B_nLnda~c~ lac. and Aflorllo,_' Dudlo' Goodlette of Goo~lclte~ Co~lem,'tq & J. ol!~son,.P_.A., reprobating A. mc.t:tda Hess Co~porali.on and._.G~Eu F.X B~_'rcnt and Tend Brc'z. ski. r~_u__cstinea re'zone from "E" Estates to PUD to bc known ns Pine Ridge C'. orncrs PUD,_f_o_t ~l!x,,:~y-oricmcd and convenien~.c0~nmcrcial .u~,eS .fo£,~.r_o_~_ n__y Iocaicd on the norlh side of Pine Ridge.___ _Road ond ~scstof 1-75. fi!~tL~r~d~seribcd as Tracl 77~ Gold_on Qatc_E_Es_tlncs, Unit.35.~_(n_~S.c_c~L0_n__7~_T_o~nshjp ..19. So_!~ilL Raug.q 26 East. Colligr. ~oun~y, FiO~nd.a, cQnsisfinr, of.l. 38 acr~. more_.(~Llcss . Companion petition(s), if an.,,'& proposed heanng Docs Petition Fcc include ad,.cnising co~? [~es 1-] No If Yes. ssh~t accounl should bc charged for ad,,enising costs: I i 3-138323.6491 Io D,~ision ttc:,d Date County M;tnager Date List AUachlncm,, DISTRIBUTION I'<STRi;CTI(')N.q A. For hearings before BCC o" B/A: Initiating person to complete one coy and obtain Division ilead approval before submitting to CounD ,',lana,~er. Note: If legal document is involved, be sure that any neccssa~' legal review, or request for same, is ,submitted to County Attorney before submitting tn County Manager. The Manao, e. er's office will distribute COl)les: [] County Manager agenda file: to [] Requesting Division [] Original Clerk's Office B. Other hearings: Initiating Division head to apprm'e and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY:/ ..~ ,~/'~.~/ Date Received: ~.;'~,//~' Date ol'Public hearing: ~f Date Ad,,'erlised;.~/~/-~-"//~,~'' bellows r From: Sent: To: Cc: Subject: bellows r Wedne,~day, May 13, 1998 4:46 PM pedone_b; johnson_c komomy_b; martin c PUD-97-17, Pine F~'dge Comers PUD Please be advised that the applicant for the above referenced petition has requested that this item be continued from the May 26. 1998 BCC meeting to the June 23, 1998 BCC meeting. It should be noted that the CCPC will hear this item on June 4, 1998. If you have any questions concerning this matter, please do not hesitate to ask. cc: Maureen Kenyon File Page 1 ili!11111111111111111111111111111111111111111111111111111.111111 2S3-48M (:2~KH:KHTB z !ii11111111111111111111111111111111111111111i111111111111111111 ELL1?- HOFFH~ ' ~$ & R.ECOR.O$ LO~O]~z Collier County court:house ' ,: FAT 2{o= (813) 774-8408 l:r/~O~'~O: (813) 776-8606 TOTi:~L. ~ 23 April 28, 1998 14s. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 33940 Re: Notice of Public Hearing to consider PUD-97-17, Pine Ridge Corners PUD Dear Judy: Please advertise the above referenced notice one time on Sunday, May 10, 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 803277 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, MAY 26, 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 ~fENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY L~ND D~ELOPM~.IT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY ~Ei~Di~;G THE OFFICIAL ZONING ATLAS MAP I~3]~BER GGE01; BY CHANGING THE ZONiIiG CLASSiFiCATION OF THE HEREIN DESCRIBED REAL PROPERTY FROI4 'E" ESTATES TO 'PUD' PLANNED UNIT DEVELOPMENT KNOV~ AS PINE RIDGE CORNERS PUD, FOR HIGHWAY-ORIENTED AND CONVENIENCE CO~4ERCIAL USES, LOCATED ON THE NORTH SIDE OF PINE RIDGE ROAD AND WEST OF 1-75, FURTHER DESCRIBED AS TP~CT 77, GOLDEN GATE ESTATES, UNIT 35 iii SECTION 7, TO?~SHIP 49 SOUTH, RA24GE 26 EAST, COLLIER CO~TY, FLORIDA, CONSISTING OF 4.38 ACRES MORE OR LESS; AND BY PROVIDING ~ EFFECTi';E DATE. Petition No. PUD-97-17, Bruce J. Siciliano, AiCP, of Agnoli, Barber, & Brundage, Inc., and Attorney Dudley Goodlette of Goodlette, Coleman & Johnson, P.A., representing Amerada Hes Corporation and Garrett F. X. Beyrent and Teryl Brezski, requesting a rezone from 'E" Estates to PUD to be kno',m as Pine Ridge Corners PUD. A cody of the proposed Ordinance is on file with the Clerk to the Board and is a';aiiable for inspection. All interested parties are invited to attend and be heard. 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 CO~{TY COMMISSIONERS COLLIER CO~;TY, FLORIDA BARBA?~ B. BERRY, CHAI~4J%N DWIGHT E. BROCK, CLERK By: /s/Maureen Kenyon, Deputy Clerk ( SEAL ) ' 12[q4 At; O?D~A.~..= AMEIiDING O. DIj.".,,..'. ti'3MEE? 9t-102 THE COLLIER COU~ITY LAND DEVELOPY. E:iT CODE WHICH iNCLUDES THE COMPREHE~SIVE ZONItIG PEGUi.ATiO;;S FOR THE UNINCORPOP~TED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER ~-~ ' BY " ' G==.~I, CH~,GIdG THE ZONING CLASSiFiCATION OF 7HE HEREIN DESCRIBED REAL PROPERTY FROM "E" Eztates TO "PUD" PLANNED U:IIT DEVELOPMENT Kt~OWN AS PiNE RIDGE CORt.IERS PUD, FOR HiGHWAY-ORiEt;TED AND CON'/ENiENCE COMi4EPCIAL USES, LgCATED O~ THE NORTH SiDE CF PINE RIDGE ROLD AND WEST OF 1-75, FURTHER DESCRIBED AS TPACT 77, GgLDEN GATE ESTATES, UNIT 35 iN SECiION 7, ?OWNSHtP 49 SQUTH, P~.NGE 26 EAST, COLLIER C.~u,,~, FLORIDA, COh:~S~...: OF 4. ACRES I{ORE OR LESS; ArID BY ~kQVIDiNG AN EFFECTIVE DATE. ;';HEFEAS, Bruce J. Siciliano, AICP, of A~noli, Barker and Rrur.~eTe, inc an~ Attorney Du~!ey Good!erie of ~- Ccler. en ~'~-..~ ~.'-~-~..,.,~c..,- P.A., reDresentinc. . A_v. erada Hes.~ Corporation and '. "'' :' Z. =, .... , '' ',~-~ ,.he Board ........... 2y.e,,. and Tc-r':'! Brezzki peri i'.... ' of C:'::.:y Ccr. r. is~ioners to chan~_~= the zonin~ classification of the herein Cescribed real property; ..... , THEREFORE BE IT ORDAiNEL b'y the ~ar-J of ........... c. .... c~ Collier County, prcBerBy located in Sec=ion 7, izwnship 49 South, Range 26 East, Col'let County, Florida, is chan~ed from "E' Estates ~o "PUD" Pla--`.-~ ...... Unit 2evelcDr. e~t. i~ accsrlar, ce wlth' t~o-..- P~=. Ridge ~ ~o ........ , attached Laret2 =s Ezkihit 'n .......... : ..................... zoning Atlas Collie: .Counly La-~.. ~evelc~-~--. .... ..- ~"-~e,.. is hereby =...=--=--:~ .... acccrulng_} . SEC/itt: TWO: ih. ls Ordinanre shall become ====.-r~-;,. ......... ,'rs-. .. fi~in~, with the -1- 1294 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this __ day of , 1993. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, Clerk BY: BARBAPA B. BERRY, Chairman Approved as to Form and Le~a! ~' :~ ~ Su~lC~.~y Marjo=ie M. Student Assistant County Attorney -2- 12B4 PINE RIDGE COtLNERS PLANNED UNIT DEVELOPMENT Prepared for: Amerada Hess Com. oraticm and Gary Beyrent a.',.d Teryl Brezski Prepared by: Agnoli. Barber 8: Brundage. Inc. 7400 Tamiami Trail North. Suite 200 Naples. FL 34108 Rexiscd April 10. 1998' Date Filed: Date Reviewed by CCPC:~_ Date Approved by BCC Ordinance No: SEC'I ION I SECTION I1 SECTION II1 SECTION ix,. SECTION \' SEC'rlON Vl EXHIBIT A EX!f!BI} B EXHIBI !' C PINE RIDGE CORNERS PUl) DOCUMENT TABLE OF CONTENTS Statement of Compliance Property Ownership. Legal Description and Short ]'itl,: Statement of Intent and Project Description General Development Regulations Permitted Uses & Dimensional Standards Development Commitments LIST OF EXHIBITS PUD .X.l~ter Plan Conceptual Landscape Plan. Amerada ttcss Architectural Renderings for Amerada tless Page I 4 10 13 12B4 ' S[iC'rlON I STA'I-EMENT OF COMPLIANCE The ...... f, ..... b~.~,~..,,, ........ ot'4.3g acres ofpraFe,qy in Section 7. Township 49 Sou&.' ' Ramzc. 26 East. as a Planned l~nit Development to be knm.~;n as the PINE RIDGE CORNERS PUD complies with the planning goals and obiectives of the Collier County Growth Management Plan for the following reas, ms: l.l The subject property is located in an Interchange Activity Center as designated in the Future Land Use Element of the Collier County Growth Management Plan. 1.2 Thc project is consistent with the Activity Center Subdistrict of the Growth Management ['lan. The proposed Planned Unit Development is a mixed use Commercial PUD and the mixed use Activity Center Concept is identitied in the Future Land Use Element of the Gro'.,ah Management Plan. 1.3 Activity Centers are the preferred locations for the concentration of commercial uses and permit the full array ofsuch uses. 1.4 1.5 !.6 Improvements are planned to be in compli~ce and in man.,.' instances exceed applicable lar. d development regulations as set forth ia Objective 3 of the Future Land Use Element. Thc project ~.,,ill be sen'ed by a full range of sen'ices, including sewer and '.vater by tee Count.,,' resulting in an efficient and economical expansion of facilities as required in Policies 3. ! H and 3.1 L of the Future Land Use Element. The project contains architectural controls and extensive screening and buffering that are designed to make the project compatible v;ith and complementar?.' to both nearby planned commercial and residential land uses. as required by Polic:.' 5.4 of ~he Future Land Use Element. 1.7 All final local Development Orders tbr this project are subject t,~ thc Collier Coun:v Concurrency Management System as implemented by the Adequate Public Facilities Ordinance. W?.l'..]:,tK' L~)(' I 2.1 The property is ov.'ncd b.v t'iarrett F. X. 2.2 LEGAl. DESCRIPTION 2.3 SEC1'ION II PROPI:.RTY 0~3, .NERSHIP, LEGAL DESCRIPTION AND $ttORT TI1'I.E po¢)or:v'rv 12B + Beyrcnt and Teo'i Brezski. Joint Tenants All of Tract 77, Unit 35, Golden Gate Estates, accordint, to the plat thereof as recorded in Plat Book 7. Page $5 of the Public Records of Collier (~ountv. Florida. O.R. Book 1251, Page 1485. less that area taken for i-75 fight-of-way. SHORT TITLE This ordinance shall be known and cited as tlc 'PINE RIDGE CORN'ERS PLA.\.'NED L%'IT DEVELOPMENT'. 3.1 3.2 3.3 3.4 SECTION III S'l .-\TEMENT OF INTENT AND PROJECT DESCRIPTION INTRODU( '!'!ON The o,.'. ncr' ,. intent is to create a Planned Unit Development meeting or exceedimz the applicable s:::ndards of the Collier Count.,.' l. and Development Code. This document out'lines guidelines t;,: !'uture development of the project that meet accepted site planning and urban design pract~,:es, and to implement the Collier County Gro,.vth Management Plan. PROJEC'r I)!iSCRIPTION The project ~, comprised of 4.38 acres, more or less. and is located on the north side of Pine Ridge R,~ad. -'pproximately 1.000 ft. to the ,,'.'est of 1-75. The Pine Ri,2_'c Comers PUD ~.'ill include a mixture of commercial and office uses. The Pine Ridge ( ,~mers PUD intends to establish guidelines and standards to ensure a high and consisten,, It'.el of quality for proposed features and facilities. Uniform guidelines and standards '.'.'~:i be created for such feature~; and facilities as landscapinz. ,d~na,...,e. li~htin,, roadway treatments, fences and buffers. The .Master }'lan is illustrated graphicalt.,, on Exhibit "A" Pt;l) Master Plan. A land use summar?' ind:cating approximate land use acreage is sho'.vn on the plan. I. AND L'SF PLAN The project ;":rmits a range of commercial uses to meet neighborhood shopping needs as ,,',-ell as the r':,:,,toring public traveling to and from 1-75. The PUD Master Plan depicts internal circ~::~,tion, open spaces, landscape buffer areas, and external access points. The PUD .Master Plan is designed to be flexible. The configuration ofcommercial areas '.,.'ill not be determinz: and plat:ed until subdivision approval is obtained. PROJE("[' PH.-\SING anticipated time/hr build-out of the project is three t31 ,.'cars from the date ofappro,.al of the PUD. ' 3.5 PHYSICAl. DESCRIPTION The project site is located v;ithin the !-75 canal basin as sho,.vn on the Collier Count,.' Drainage Atlas sheet A-27. Runoff from the site '.,.'ill flow easterly to the 1-75 canal svste~. The project '.,.ill be designed for a storm event of 3-day duration and 25-vear'retum frequency as ,.'.ell as water quality in accordance '.'.ith th,~ rules of South Flgrida Water Management District. 4.1 4.2 SECTION IX.· GENEILAL DEVELOPMENT REGULATIONS The purp,,se of this Section is to delineate and eenerallv describe thc project plan of &'.'elopmen;. relationships to applicable County ordinances, and the respective land uses. G~:. kR.-xL Regulations for development of the PINE RIDGE CORNERS PUD shall be in acc,.,rdance with the contents of this document. PUD-Planned Unit Development District and other applicable sections and parts of the Collier County kand De',elopment Code and thc Growth Management Plan ,,vhich authorizes the construction of improvements, such as but not limited to: Final Subdivision Plat. Final Site Development Plan Approval. Excavation Permit and Preliminary Work Authorization. Where these regulations fail to provide developmental standards, then t..c pro'.'isio~;~ of tt.¢ most similar district in the Collier Count,. Land [)ex clopment ('',,de shall apply I 'nicss otherwise noted, the definitions of all terms shall be the same as the definitions ,et ~bnh in Collier County l.and De'.elc~pmer~ ('c~de i: ef:'~.'c~ at th,' tim,. rcrmit application. ' - .-\'.; conditions imposed and all graphic material presented depictine restrictions for thc development of PINE RIDGE CORNERS PL'[) shall become part of the regulations ~'.hich govern the manner in ¥,'hich the PUD site ma.,.' be developed t'nlcss modified, svaived or excepted by this PUD. o~her provisions of the ' TM ~. Oh I~.'~' County l.and Development Code. ,,'.here applicable, remain in effi.'ct with res?e:: to the development of the land which comprises this PUD. Dexelopment permitted by the'approval of this petiti,~n w/Il be subject :o a C,mcurrency review under the provisions of Div. 3. i 5 of the Collier Count,. La.~d De'.'clopmen~ Code at the earliest or next to occur of either Final Si~e Development Approval. Final Plat appro,~'al, or buildin..:, ?errv..i~ i~suance applicable t,~ t~is ctopment. 51'I'IC CI.E^RtXG ANI) DRAINAGE (':::arm~. grading and canhv, ork shall be in accordance v. ith Section 3.".S.3.6 of the C,fl!ier Coun::. l.and Development Code. and site drainage work shall bc in accordance ,,,,ith Section '1 ".~; , nt'!h,: Coil;,-, ('r, ur'W l.and D.x ..opmcn. Code. 4..I EASE.MEN'rS FOR UTILITIES 4.5 Easements. shall be provided for v.'ater management areas, consev.'ation areas, utilities sd other purposes as ma.'.' be required by Collier Count.,.' and other permitting agencies. All necessar':' easements, dedications or other instruments shall be granted to ensure continued o?erati,,n and maintenance of all sen'ices and utilities, in compliance v. ith applicable regula:i,ms in effect at the time approvals are requested. .-'...".IENI)NIENTS 'FO Tt-IE MASTER PI.AN 'l?.c .Master Plan is designed to be flexible with regard to the placement of buildimzs, as lon< as the final design complies v, ith all the applicable portions of thc PUD ordinance anal b,:i!din.z heights and setbacks are the same as depicted on the PUD Nlas~er PI~':. Thc Piannin.: Set: ices Director shall be authori;,ed to apprc, ve minor changes and retinemen:~ t,., '.he PINE RIDGF. CORNERS .Xlaster Plan upon written request et'thc o,.,.ner b~ed on 2:e abo:e and the folio:ring, in addition to the standards provided in Article 2. Division _.2.7. Secti,m 2 7 3 5 of the Collier County La.-.2 De'~elopment (.'ode: 'l,, rcomtigure la,.,c,, v. etland presen'e areas, ponds, or other v,'ater management facilities ,,,,here such changes are consistent v. ith the criteria of the South Florida Water Nlanagemcnt District and Collier Count.,.. Internal realignment of rights-of-v, ay. F'.eo,nfi.:'urati,,n c, fthe de: eh?men: co' velopc>.~ '~trhere there is no encro.cnme7..:', ' in:,> butler ;:r::as and all per'linen: setback requirements provideC tbr in this ordinance 4.6 PROJt!(' [ P[..-\N ..\PPRO',.'AL REQL'IRF..XlENTS Thc PUD .Xla.tcr Plan. c,ms:itu:es the required PUD Development ['lan. L'pon rccei', lng PI 'I) appr,,vfl, a Preliminan Subdivision Plat shall be submitted Ibr the entire area co~ crcd b.'. the PL'D .Xlaster Plan pursuant to the requirements et' Di,.ision 3.2 of the Collier Count,.' Land Development Code. 48 A '.::c I)cveh)?ment Plan shall be submitted and re,dev,'ed fi); individual It)ts in accordance x~"?', all provisions of Div. 3.3. Site Development Plans of thc Colliei County l.and I).:'..:'.~ ,pmer.: (',.',de. unless o',henvisc prw, idcd for '.t ithin this PUD. and prior to the i~suancc o: .: ?":ilding permit or other required development orders. Pi', ,','I'~1~ )": I'OP OFF-.";II E REMOVAl. OF t:AR'I'ttF.:.: }.IA'I-I!I.'.I.,\I. 'I ~:.: c'..ca'.ati,,n of earthen material and its stockpiling in preparation of v, ater management fa,.itities or to otherv, ise development water bodies is hereby permitted. II: after c,_,?,,iderafi,m of fill activities on those buildable portions of the project site are such that tS.::.: i; a =.urplus ~,f ea.~hen material, then its off-site di=posal is Z~ ] r~) hereby permitted :::;U'-'~: t,, the foilo..*.ing condition~: F ,:cava,'i,m actix ities shall comply v.i:h the dclinilinn ofa q')cvclt,pmcnt Excavation" pur,uant to Sec. 3.5.5.1.3. l.and Development Code. :thereby ofl:site removal shall n, ,: exceed ten (10) percent of the total volume exca'.atzd up to a maximum of 2o.000 c',.:hic ) ards. ,'.. tlrr,.~t,bl= t,, Gcilitate said rem,,,..~l shall he submitted t~, thc Planninz Sen. ices r).-:,-..,- for a?pr,',x01. Sai,J timetat,!e shall include :k.: !.:n:::h ,;f time i: '.:ill :::l.:e to ..... ~, ... 5a;2 removal, hours ol opcraiion and haul re, mos. ( \!i pr,,,, i.dnr~ of 'icc 3.5 l.and Dev,.'lopment (..'ode ar.: applicable. .Sl '.'<F t .-\NI) MONITORING PROVISIONS I k.' PI\t: RII)GI: CORNL:RS PUD shall ~'e subject to Sec. "" "' ~. ~..~..,. of the Collier County l.ar ! l)c'.elopment Code Time Limits t;,r Approved PUD .Master Plans and Sec. 2.7.3.~. .M, .'::.'.,,rm.., Requirements. ..\:' · z.,m:::unit,, recreation'public building public room located v, ithin thc l'l~'.:ti RII)GE ¢'~ ,i-' ':i..!-'.s ['[ 'l') ma: be used for a polling place, ifdetcm~ir,~:d necessary bs' thc Supervisor or'! .:ztior:.,. in accordance ,.~ith Sec. 2.6.30 ,.,t'the Collier Count', l.and Development (._'ode. N.',. ' 'Vi: ',.'f{< ifi'I'ATION REI'EN1 ION R!{(.)UIRE.~IENI'$ Thc ;"r,,j..'ct shall preser',e nati'.'e habitat, in accordance v, ith thc provisions of Section 3.'~ ~ ~ 4 Vegetation Removal. Protection. and l'rescn'ation Standards. o/'the Collier ('ountv [.ar: I')c'~cl,)pment Code. 2B4 4.11 COMMON ,.",REA MAINTENANCE Common area maintenance, including the maintenance of common facilities eascmcms, oD..n spaces, prc3crvation areas, and Ihe water management fi~cilitics shall bc the responsibility of a property o:vners' association. All landscaping, parking, loading and storm,.vater management not in common areas shall be the responsibility of individual users. ARCHITEC'I UR. AL STANDARDS All buildings, lighting, signage, landscaping and visible architecture shall be architecturally o and aesthetically unified through the use of similar materials and coMrs throughout all of the buildings, sign~, and ~,alls to be erected on the site. l.andsca?ing and streetscape materials shall also b,: similar in design throuehout the site. All buildinzs_ shall be primatily finished in ligh't colors with stucco except trot decorative trim. All roofs must be tile or metal and shall be peaked. Decorative parapet ',,,'ails shall be constructed above the roof lines on fiat roofs. ,,~here tile or metal roofs are not feasible. A conceptual design master plan shall be submitted v;ith the first application for Site Development Plan approval demonstrating compliance with the requirements of Division 2.8 of the Collier County. Land De'.'elo?ment Code pertaining to architectural and site &sign guidelines. Sc,: also Section 4.18 A~ditional ..\rchitccmral. r)evelopmen~, and I.andscapc Standards fi~r Aut,~m,,hilc .q,:rvice Stathm l'ses on .-\rea k'. 4.13 LANDSCAPING AND BUFFERING l. an&caping and buffeting shall be in accordance v, ith DMsion 2.4 or'the Collier County [°and De\ elopment Code. including the following requirements: ..',. t~cnts (20~ £vot v. ide Type 'D" Buffer shall be pro,. ided al,ag Pine Ridge Road v. ith the landscapin..z as required in Section '" _.4.7..! of thc Collier Count: l_and Dc'. eh~pment Code. See also Exhibit B. Conceptual Landscape Plan. applicaF!e to .-\ut,',m,;bile Se:". ice Stations. A ten tl 01 lbot vdde Type "A" Buffer shall be provided alon,.z the eastern and x~es:ern PI.'D b,,undaries v, ith the landscaping as required in Section 2.4.7.4 of the £'c, llier Count.,, Land Development Code. See also Exhibit B. Conceptual Landscape Plan. applicable to Automobile Sen'ice Stations. A five 15} foot v, ide buffer along thc internal roadv;av shall be provided '.~ith trees spaced a minimum oft,.venty (201 feet on-center and a single row of shrubs spaced a minimum of three {3~ feet on-center. Such trees and shrubs shall meet the requirements of Section 2.4.4 of the Collier Count.,,' I. and Development Code. The specific location of the ~.~.est border buffer shall bc as indicated on the Master Plan. Should development of Area B be proposcd prior to thc vacation of thc casement, a temporaq,' buffer will be installed. See also Exhibit B. Conceptual Landscape Plan. applicable to Automobile Service Stations. Buffering between other internal parcels shall include a five (5) tbot wide buffer alone the perimeter of each parcel to be developed, with trees spaced a minimum of twent",- 1201 feet on-center and a single row of shrubs spaced a minimum of three (31 feet or~- center. Such trec~'~ and shrubs shall meet the requirements of Section 2.4.4 of the Collier County Land Development Code. See also Exhibit B, Conceptual kandscape f'lan, applicable to Automobile Service Stations. A twenty (20} foot wide Type 'D" Buffer shall be provided along Livingston Woods Lane with more stringent .screening than required in Section 2.4.7.4 of the Collier Count.',' Land Development Code. Trees shall be spaced a minimum of fifteen (15) feet on-center and a single row of shrubs shall be spaced a minimum of three (3) feet on-center, with both trees and shrubs located on the nor;hem side of an eight (8) foot tail architecturally finished opaque masonr2,.' ',,,'all. Such '.,,'all shall have~a common architectural theme with the other buildings and siena~e '.,.ithin the PUD. as described in Section 4.12 of this PUD Documeat. and be"ins;'alled and maintained with the finished side our to~,,ards Livingston Woods Lane. Such trees and shrubs shall meet :3:c requirements of Section 2.4.4 of the Collier Count.', Land Development Code. 7,'bis buffer shall be installed as a required improvement fi)r the tirzt Site Development Plan within the subject PUD. Additionally, along the southern side of thc wall. there shall be planted at least forty-five (45) Red Maple trees, or similar species, that are at least eight (8) fe.'t tall. Required landscaping shall be maintained and replaced githin ninety' (90) days if plant material dies. ( 7~ No landscape buffer will be required between areas A and B. S(3I Il) WASTE l'r..:."~- receptacles shall be screened on three (3) sides by a seven (7) foot high opaque masenrv ,.tall ~tith an opaqu.e gate on the remaining side for access. Such masonry ~,,.all shall also ~ect the architectur:.l standards further described in Section 4.12 or' this PUD Doo.:a:ent. LIGHTING a. Ail lighting facilities shall be directed away from adjoining properties. b. On site luminaries shall be of low level, indirect diffuse type and shall not exceed a height of greater than twenty feet above finished grade. 4.16 4.17 4.15 SIGN l.ighting located underneath a caz,.,p: shali be of Iow level, indirect diffuse type designed to provide light only to the pump island areas located underneath said canop.v. Signs shall be permitted as described in Section 2.5 of the Collier County Land Development Code except pole signs, as de.scribed in Section 2.5.5.2.4.1 shall not b~- permitted. Ground signs, a.s described in Section 2.5.5.2.4.1. shall be permitted but shall not exceed a maximum heigh: of eight (8) feet. Si_mqage shall also meet thc architectural standards further described in Section 4.12 of this PUD Document. Sign locations have been identified on the PUD Master Plan. ARCHAEOLOGICAL RESOURCES Such resources shall be subject to the requirements of Section 2.2.25 of the Collier County kand Development Code. ADDITIONAL ARCHI'i EC'fURAL DEVELOP.MENS. AND LANDSC:\PE STANDARI)S FOR AUTOMOBILE SERVICE STATION USES ON AREA C In addition to thc other requirements of'this PUD Document and the Collier County/..and Development Code, tF.e progosed automobile sen'ice station with convenience retail t~ses on Area ~C" shall be constructed substantially in conformance with the Conceptual Landscape Plan enclosed as E.~bit B and Architectural renderings enclosed as Exhibits C herein. The supplemental exhibits are intended to provide specific standards to ensure that automobile set'. ice s~ations do not ad:'ersely impact adjacent land uses, especially residential uses. These exhibits shall k'e considered during Site Development Plan review and approval in toga:d, to location, la? out. drainage, landscaping, paving, signage, lighting and architectural sta.-:dm-ds and sl,all be considered in addition to ali other applicable requirements of the Pine Rid~:e Comers PUD Document and Collier County Land Development Code. ti?. ,';. j':.t.,; ' £~t' 9 5.1 SECTION V PERMITTED USES AND DIMENSIONAL STANDARDS PURPOSI~ 5.2 5.3 The purpose of this Section is to identify permitted commercial uses and development standards for areas within the PINE RIDGE COaX;ERS PUD designated on the PUD Master Plan. GENERAl. DESCRIPTION The land use acreage tabulations for the PINE RIDGE CORN'ERS are depicted on the PUD .Master Plan. This acreage is based on conceptual designs and is subject to further refinement. Actual acreages for building parcels and open space will be provided at the time of submittal of the Preliminao' Subdivision Plat. PER.MIT'YF.D USES AND STRUCTURES :,'o buildin,: c~r str',:c:ure, or part thereof, shall be erected, altercd or u.~cd, or land used. in x,.'hole ,,r par:,, for o,.her than the follov,'inz' A A.'e:.__~_L-\' Pe,,"m, it:ed Principal t.'s,..s and Structure: 1. Open Space. landscaping and buffers. 2..S:orm,,,.a:er Nlanagement Areas B. A,"..'_a.2'l;" Pe,,"m, i,.'te,:l Principal Uses and Stmclt,r._¢.5.: I l)ep,)sitor':-Institutions [~2roup.~ 6021-6062 tC'ommerc:al B_..:.,. Savings Institutions. and Credit Unions/]. 2. Eating Places c group 5812. sit-down restaurants on!y). 3. ~ tcalth Set'. ices t groups 801 ! -80-t9. 8082 -I. tf,,tcls and Nlotels (group 701 I~. '; Insurance Agents. Brokers. and Sen'ices (group 6.4'I 11. 6 .Xliscellaneous Retail [groups 5912 (Drug Storesi. 5992 ~Florists~]. 7. Personal Sen'ices [group 7231 (Beaut>' Shops)]. 12Bg 8. Real Estate Agents and Managers (group 653 i ~. 9. Trw, el Agencies {group 4724}. I1,'~ Video ]'ape Rental ('group 78411. II. Professional Offices. Medical Offices and .xIanagement Consu!ting Services I,=,roups 8711-8748). ! 2. An.',' other commercial use or professional ser,,'ice ,,vhich is compatible in nature ~ith the forego!rig uses. C. ..\rea 'C' Pe~,"m. i~ted Principal I_'~ and 1. All Permitted Principal Use,, fi~r Area "B" as described x~.ithin this PUD Document. ~ _.6._8 of the 2. Gasoline Service Stations let,up 5541 ~. as described in Section" Coil!er Count,'.' Land De'.e'.e~me:2. t Co&'. :'..:::,~ repair and :- t,.c 3.:dc:; arc ~:ot',:,bi:e3. ho,.ve%'cr an accc,,ar', tunnel dri'.c-rhru car :'.ash is pcm'~itt,zd. 3. ( ......... ~:n,.:c stores {group '~-: i I ). a. Eati.-:_z Places (group 58121. 5. An':' off:er convenience commercial use or professional ser,.ice '.~.hich is compatible in nature with the foregoing uses. t,. [ 'sci ?...~2 struc,%tres that are azccssor':' anna incidental to thc uses pc,"mmed as t " :"~''' ~, r,=..,, m the PIN'[{ RIDGI:~ CORNERS PUD '7. ' ,',-o;-; ~; ~.,; l . ,', ,.: ..i sgeakers and public adaress s'.sterns ar=.' ~ : c,'r',N DIMENSIONAL. ,.~. DARDS 'I ?'.c l;q;,)'~.in;' de',dopment standards shat", .' ' , -ppi'. to pcrmi::e2 ce. mmcrc:aI usc~ in thc PINE RIDGE CORNERS PUD. 1. Xlinimu,"n I.ot .Area: T*.vel,.'e Thousand ~'l 2.000) Square Feet 2..Minimum l.ot Width: S¢~.ent':-fi,.e 175~ Feet. 12B Minimum Yard Requirements: a. Front Yard: Twenty-five (25) feet. b. Front Yard: Along Pine Ridge Road o T,.vem:.' Fi,.',: ¢25) fee:. c. Front Yard: Along Livingston Woods Lane - Eigh[?-T..,u ?u;.i. Fi~c (82.5) feet. d. Side Yard: Ten (I0) feet. e. Side Yards: Between tv.'o (2) lots within the PUD- 'fen (I0) t'eet. f. Side Yards: External to the PUD - Fifteen (15) feet. g. Rear Yard: Fifteen (! .5) feet. .Maximum Height: Thirty-Five (35) feet. .',,linimum Floor Area of Structures: Seven hund.-eci { 7~,~ ,~qua:.-' Feet mr principal structure on the first habitable floor. .M~ximum Density: Twenty-six (26~ units Fer acre ;;~r m,,teis ~-: hr, t~:is. .Minimum off-street parking and off-street loading: As require.! in Division 2.3 o, th,. Collier County Land De,.elopment Code. Dis ~tance between structures: The distance be;~'een eh7 ;'~o principal structures shall be a minimum of t~venv:' (20) t'ee~ or a distance ecuat to one- half thc sum oftheir heights. ,.,.hichever is greater, unless Merchar:dise storage and disp!aT: There shall be - ": ,.o ou~.,., stor::_:e or display o:' merch~-.dise. .X.l~ximtam number of Buildings: Four (4) buildia,=,s plus accesso.-7 Area B may have t~'o principal structures. Area C to ka:e one ~ 1) prir. cipal s',rucmre, one (1) accessor?' structure (iacluding cz- wash) and o.~e ( 1 ) cat:op.v structure. wp. 12.]:,tK' £x9(' 12 6.1 6.2 6.3 SECTION Vi 12B DEVELOPMENT COMMIT.XlENTS PURPOSE ]he purp)s¢ of tnts becuon is to .set forth the regulations for the de,.elopment of this project. GENERAl. All facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdivision Plans and all applicable State and local laws. codes, and regualtions applicable to this PUD. Except where specifically noted or stated otherxvise, the standards and specifications of the official County Land Development Code shall apply to this project even if the land within the PUD is not to be platted. The developer, his successor and assigns, shall be responsible for the commitments outlined in this document. The de'.'elopcr, his successor or assignee, shall folio',,,' the PUD .Xlaster Plan and the regulations of this PUD as adopted and an.,.' other conditions or modifications as may be agreed to in the rezoning ofthe properb.'. In addition, an.,.' successor or assignee in title, shall he subject t,~ an'.' comm:tments w~thin this agreement PUD SI:ASTER PI.AN Exhibit "A'. PUD Master Plan illustrates the proposed develo?ment and is cc, ncc?tual in nature. Proposed area. lot or land use boundaries or s.:cci21 land use l~,,.,undaries s['~all not be construed to be final and ma.'.' be '.'aried at ~.'.' subsequent ap?ro'.al phme such as Final Plating or Site Development Plan appro'.al. Subject to ti~c pr,,', isions o:' Section 2.7.3.5 of the Collier Count.,; kand De:'elopment Code. amcn,tmen:s ma.'.' be made from time to time. .\11 ncccssa::' easements, dedications, or other instruments shah be .zr2--.ted to insure ~. manu.~ o~'eration and maintenance of all sen ice utilities and all .:orr, mon areas it: :he proj.:c: ION A. .',3ub~tantial competent evidence shall be provided by the developer to .'.he effect that ti~c p~,)ject is designed to provide capacity and treatment for historical roadway runoff. In addition, site drainage shall not be permitted to discharge directb into an.,,' roa&~a.~ drainage system. P, Access from Pine Ridge Road shall be limited to right in'right out onlv. hc applicant shall be responsible lbr the installation of arterial level street lighting all project entrances. lP. 4 D. Fo 'I h,. r',,,,,,,. ,.,,..,-,..,, the ri'_'ht tv --'-,,;,', ',-.' or .'r,.~dif:' eh. I ........ . ...... u.~,: o: median openings in neet,rd:race ,.:;Th Re,,,I,ti,,, ~12-.122. (',,flier C,:,2.":'.'. Access Management Policy. as il may be i, mcndcd from time to time. and in consideration ,~ ;aS.'t':' or operational concerns. Nothing in an:,' de'.',.:lopment permit issued by the ¢',mnt'.- shall operate to ,,'est an}' right to a median opening in this project, nor shall the Count}' be liable for any claim of damages due to the presence or absence of any median opening at any point along an}' road frontage of this project. C,_,mpensating right-of-,.vay for turn lanes and median areas shall be dedicated bv the applicant to reimbur~ Ibc Coura?' for thc use of existing right-of-'.vay. Such dedication shall be. co~idered site related and there shall be no road impact fcc credit to the applicant. applicant, shall be responsible fi,r the cons:ruction ofa v.c,qbound ,fight turn lane ~hc Froje:t entrance in accordance with Orainancc 03-64. R,,ad Impact Fee> shall be paid in accordance ,.,,,,t, Ord:nanc¢ O-' "" ....... ~.,~ and ~haH be paid at thc time building permits are issued unless other, rise appro,.ed h'. the Board of (,.,(,unty Commi>,i,,r,crs. R, .ad i:npre'~ ements and street lighting required tbr th~ ~ proJect, koth si:=: s.:'¢cific and >'.stem capacit.',, shall be in place prior to thc issuance of an'.' Ccaificates of Occupanc} for the development. All req,:ired i.-::pr,),.ements, exck;d:.-'...' righ)-(>:'-'.~a,, d,,.'n.a~ion, :or r,)a,~ .~ segments >pcc~;:ca,,.. :::.sa:: ,.".ed ill the Cea:tv , Fi'.e-'I cn Yea:' ').','rk Plan. sr:,a!i :.'re c.~ns~dere,; ,~,~:,., as defined in Ordinan;e o" '~" -_-... a., ,~m.e."..,:~,. :he ('o Ii,,. C,: ':':.". Road l::',,-,xct Fcc ( - ~ - · ' · ).,..:..ante. and shat'. ,..., r..'quire2 b'. that Ordinance. Pr, ucc.', ont.'\.".cci ~hali be designed :,~ preclu,tc ti~c r::cklr.: up ,~, ~,,.~.,.".: ,):;:,~ adl,icent pu["!i,: roadv,'a,,'s, lr'a:cess is It, Pc con'..'.:,lled b: tv, ce:n> o;'2 · ,'-':, ,,: c::r,i o~r.",:lied gate. the gate ,~r .=j.i,ell, msc ~hall be * ' ,, .... c~,;.=.~.c,.. I,)c,:tc.J 2.n ,,, a-~ not to ?ewa[t such vehicular backup. :\ mini.':.:um thr.~,at ]en..':?, for -.'.acki::..: shall N: 75'. Where the expected Peak t lout traffic ~ olumes a:~: ,2qua[ t,~ or ,.:':cater than 30 ',chicles. the minimum throat length" ' >,'la~l b,: i 1284 6.5 leg .";c~tage dispogal shall be provided hv the Public Works Division o!' Ce!l/er County. b.v t?ing into the County force main on Pine Ridge Road. ]'he internal s'.stem shall gravity into a master pump station on site ,,,.'hich shall be oxvned and maintained by th,: o'`'`ner, his heirs or assigns. he do'`,.'nstream pump stations shall be hydraulically analy;,ed t,~ d..','.emfinc if capacit.2, is sufficient to accommodate the additional v,a:tettatcr from this project. sufficient capacity does not remain, dc'`'clopcr shall up~radc :,-n'. and all d,-.~ ns,'.ream staff,ms at no cost to Collier Count.,.'. P,,:aNe v.a:er shall be provided by Collier Count.',' Public \'Corks ','ia a ',~at,.'r main ,.,.hich runs east and ',,,'est on Pine Ridge Road. De'`'e!oper shall tie into the County s': stem and extend the main to the property ,,'ia mains ,,t'hich are lar,.'e enough to lp.',,', i2...' t~is project with potable ',tater and fire pro~ecti,,n. [) l:'a du2[ s'.'stem ts installed, the potaNe main shall bc anal'. ;,cd ~,,r ,.h, ...... ,: rc,idual:, a5 i"cr Collier County Public Works Divisi,n. I hi,~ pr,)ject shall be master metered and backtlov, Fre,.crm,r, ~,h.~I! kc ~r.,,~ilcd in a,:,:,,rd.:ace ',tith all Count.',' and State regulations at no cast to thc · .:,~;. on ,i:e '.tater tacilities shall be re,ned and mainta"'.cd b', thc d..:,, c;,' ,per. h~.~' heirs ,',r 66 [z53~E_~.,x'_.xJ ~ NTAL ..\x~ appr,)rriate l:'eaion of native ,,egetation sha!l be retained on-site as required in 5:cti,,n 3 O.5.ba of the l.and Dc'.d,,pment c..',~de B .-\n exotic ', ege~tion, removal, monitoring, and main:em:nc~: ~exotic :'ree i plan for ':. .... ,. .,.,~::' ' shall be submitted to Current Plannin,,_ l-'.nvi:, ,mn,:mal .'.;taft I:.,r re'. it'.', and a;'?r,, .at prior t,., Final Site Deveh,?mcnt t'km om>~r,.:ctI,,n pl.m appro', a! 12B4 6.5 .%v, age disposal shall be pro,.'ided hy the Public \Vorks Division of Cc,[tic:' Couat?. b~. t.ving into the County force main on Pine Ridge Road. ]'he internal s:stem shall gravit2:' into a master pump station on site ~.,.'hich shall be owned and maintained bv thc or. ncr. his heirs or assigns. l he do',vnstream pump stations shall be hydraulically analyzed t,, d..'.'.z:'mine if capacity is sufficient to accommodate the additional x,.a.qe,.,,atcr from this project. It' sufficient capacity does not remain, developer shall upgrade an'. and all d,,x,, nstream stations at n(-, cost to Collier Count.,.'. t',,table v. ater shall be provided by Collier Count.,.' Public Works ','ia a ~.,.atcr main x,.hich runs east and west on Pine Ridge Road. Developer shall tie imo the County stem and extend the main to the property ,,ia mains v,-hich are large enough to pr,,', id~ t~is project ,.vith potable v. ater and fire protection. Ifa dual s'..'stem ts installed, the l~)tablc main shall be anal.,.'zed tt,r chlonv, e rc.,aduab as per Collier County Public Works Division. his projec: shall be master metered and hacklloxx Fred. eh:or., ~,l".al117e installed in a,:,:,,rd.:.~ce ',~ith all Count.'. and State regulations at r,o cost to the Co'ant:.. site ',,.ater f~cilities shall be nv, ned and maintained by the '~ ',"~,,- -- ,,,..' c. ~,.,~,. hi.~ heirs 66 .-',,n appr,)Frlate Fcaion of native xegetation shall be retained on-si;c as required irt .';ccti,m ~ O.5.5.1 of the l.and De',etopment Code B An exotic ', egetation, removal, monitoring, and main:cn.:ncc ~exotic :!:..' site shall k'e suSmitted to Currev, t Piannim, Envir,,nmerm, l .staff fo.- re'. ie'.,, and appr,,',al prior to Final Site Development Plan constructi,,n plan approval. 12B 6.7 WATER MANAGEMENT REOUIREMENT$ ho Detailed paving, grading and site drainage plans shall be submitted to the Development Sen'ices Director for review. No construction permits "- s,all be issued unless and until appro%'al of the proposed construction in accordance x~ith the submitted plans is granted by Planning Sep.'iccs Director. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County kand Development Code. Co Landscaping shall not be placed within the ,.,,'ater management areas unless specifically permitted by the Collier Count.,,' Land Development Code. 16 EXHIBIT A iIatzIliIIl=l :~INE RIDGE CORNERS PUD 12B~ AMERADA HESS CONCEPT LANDSCAPE PLAN couJ~ co(,%'rY, fl.i~lil)~ Exhibit "B" CONCEPT ~$CAPE PLAN AME~DA HESS tl AMERADA HESS COLLIER COUN'~, FLORIDA V'~w from Entrance $th;!lil I I~1 l! t~i~:il'll I I I' b~'~ . Aff~t M I~bttcet'fon as~t~ ~ty ~ 80ARO OF COtMTY COlgqISSXOWE]~ AT'iX: POdeCY SAL_~__m_ ~0 80X &13016 PO, Pt. KS ~t. 3~10'1-3016 REFERENCE: C~30 8GSZ77 576890~9 NOTICE Of ZNTEffT TO Stnte of ftor4d~ Before the w~ers~gne4 ~utho~t~s personalty, q~l~ered 8. tjX, t~o cm oeth ~ thet ~he ~ervfl is the AiststKt Corpm'~te ~r~ ~n CoLLier ~, FL~: ~ h ~t~ ~ffl~t furt~r ~1 ht ~ ~d ~t~ hlty CotLle~ ~, FL~I~, ~ ~ ~ ~ld ~r ~s ~ret~e ~ ~t~ty · TO CON~OER · . (~Oeed~lCE . that on TUESDAY, AN QRDIN'ANCE AMENDI~., · ORDI- NANCE. NUMBER YELOPMENT C~E, ~ ~S ~ COMPREHENSIVE ZONING REGULA- · TtON$ FOI~ THE UMN- ,'* CO~PO~ATI~D AREA ,OF C~!'~a~ COUNTY, FLORIDA. BY AMEND- · lNG T~ OFFICIAL NUMB~ G,G~01; BY lNG Ct~,~f4FICATIO N .OF THE ~E]~]N DE- pubttsMd tn Mid Cottte~ camry, floelcb, ~ ERTySC~IBED FRoMREM' PROP-,,E,, c~/mci h. been entered ~ Memd ct,u mtt ESTATES TO rotter ~t ~ post offtce Jn Itspt~, Jn MSd ' ' .VB.OPMEIn' KNOYm CoLLier County, FLortd~, foe · pef4od of I yeer ~s ~ R~G~ co~- next preceding the first pul)tJclttal of the WAY-O~IEFfTEDNERS I~JO, FO~ ~ANO ottoched CCN~ of ~v'~,,rtfNIlflt; Iu1d offtlllt CO~NIENC~ COM- MERCIM. further ~ys thet she h~ ftetthef I~ld nor ~. CATED ON THE proatsed my per.m, ftm Re _~-~lt. ton my NOrm Se~ OP RIDGE ROAD AND dtsco~, rd~t,, cc~sstm Re rofvnd foe the ' ' M~ST~~S purpose of ~ecurtng thto ~hmrt~lelint foe . .~?~ xo sPxc~: 1M.~ ~ 'i "2 ': ..... ~tur fft ' , ~ ~,~ ..... , . ~HT ~ BROCK, ORDINANCE NO. 98-~! AN ORDINANCE AI4ENDiNG ORDINANCE NUMBER 91-i02 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY A24ENDING THE OFFICIAL ZONING ATLAS MAP NUMBER GGE01; BY CHANGING THE ZONING CLASSiFiCATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "E" Estates~TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS PINE RIDGE CORNERS PUD, FOR HIGHWAY-ORIENTED AND CONVENIENCE COMMERCIAL USES, LOCATED ON THE NORTH SIDE OF PINE RIDGE ROAD AND WEST OF 1-75, FURTHER DESCRIBED AS TRACT 77, GOLDEN GATE ESTATES, UNIT 35 I!! SECTION 7, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY,. FLORIDA, CONSISTING OF 4.38 ACRES MORE OR LESS; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Bruce J. Siciliano, AICP, of Agnoli, Barber and Brundage, Inc., and Attorney Dudley Goodlette of Goodlette, Uoleman and Johnson, P.A., representing ~merada Hess Corporation and Garrett F. X. Beyrent and Tery! Brezski, petitioned the Board cf County Commissioners to change the zoning classification of the herein described real property; NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of C°llier County, Florida: SECTION ONE: The zoning c~:assification of the herein described real property located in Section 7, Township 49 South, Range 26 East, Collier County, Florida, is changed from "E" Estates to "PUD" Planned Unit Development in accordance with the Pine Ridge Corners PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map Nu~%ber GGE01, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. -1- PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this .~-~x~., day of ~.~ , 1998. BOARD O~ COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA · ATTEST: . Attest as to Chaln~an's signature onl.~. Approved as to f'orm and Legal Sufficiency Marjotie M. Student Assistant County Attorney PUD-91-17 GPDI;~A~;CE/ PINE RIDGE CORNERS PI.ANNEi) I/NIT i)EVEI,OI'MENT Prepared for: Amcrada I I¢.~.~ Corporation and Gao' BcS'rcnt Prepared by: Agnoli. Barber & Brunda[2c. Inc. 7400 Tamiami 'Ir;ill North. Suite Naples. I-'I..1411}8 ¢ )cloBcr 12. I)atc I"ilcd: l)at¢ .,\pproxcd by ItCC ¢ }rdinanc¢ PINE Rll)(;E C()RNERS PI;i) I)(')('I'MENT TAIlI,E ¢)F C¢)NTENT.~ SI(('TI()X I .~l.(' I I()N II Si:('IION III .',;I-(' i I()X IV Statement ~1' ('~mpliancc l'mpcrl) ~')',',ncr.%hip. l,c~ual I)c~:ription ~nd .',;h~rt I itlc .~tatcment of Intent and Project l)¢~cription (icncral I)cvelopmcn! Regulations Permitted I ;sc.~ & I)imcn,,i~nal Nl~md~rd~, 15 16 17 .";TATI-~M ENT ¢ }t: ('{)M I'I.IANCI( The dcvt:lopmenl ,~1'4.3~ acrt:s nf prnpt, rb' in .~t:clion 7. 'l'o~,snship 49 .South. Range 26 I(asi. as t, l'lannt:d I'nit l)c,,clopmt:ni m be knm,,n as Iht: fINE RID(it( ('(~RNIfl?,.S I'l '1) complies s~,ifl~ thc planning ~nals anti ¢~hjt:cli'~'t:s ~l'lh¢ ('nllicr ('ounlv (irn,,*.lh Managcn~cn! I'lan liar Iht: I'~lh.ving 1.1 1.2 !.3 1.4 1.5 J Thc ,,t,hjcct pr,~lx:rb is I~att:d in an hm.'rdmngt:/,,trix il) ('cater as dcsignalcd iii Ih¢ I' uturc I.and I'~,c I'.lcmt:nl nf Iht: ('ollit:r f '~mnb' (~rm,~lh Managt:mcnl l'lan. ,.\clJ~ II~ ( cnlur~ ;.irc Ibc prt:li.'rred J(~alJ(in', Ibr Ibc c(m~;unlralhm ~d' c~i111111urcJ;.lJ LI.%Us and pcrmil thc full arra~ nl'~uch u.~.%. Impro~ en~t:nl,, art: plannt:d In be in c(~mplk,nct: and in man~ in'.lances exceed applicable land dc~ eh~pment regulatinn.% a~ .~l lbrlh in (Ihjt:cli,.'¢ 3 of the I:ult,re I.and I'se Element. 'l hr: proiccl x~ill Ix. st:rxt:d b~'a full rangt: of.~r,, ic¢~. including st:~cr and ~ater by the Cnunt~ rouhing in an cllicienl and econ(mtical expansion of lhcilitics as required in I'o~icies 3.111 and 3.1I. of'thc Future I.and I'~ Element. Ihc pnHccl cemlains a mix of t:ommercial u.~t:.~ combined x~ith archilcclural controls and cxlcn~ix c screening and buftk'ring [hill arc designed l~ make lilt projcc~ c, mtpaliblc x~ ilh and c~m~plcmcntao lo N)lh nearby' planned c(,nmercial illld residential Jillld tl5C5, ils required b~ Pnlicx 5.4 oflhe Future I.and I '~' I:lemcnl. .\11 Ilnal h,cal l)e~elopmt:n! ()rdt:rs ilar this project art: subjccl to thc ('oilier ('ountv (',mcurrcllck Xhmagemcnt S~'Sle111 ils implemcnlcd b~ Iht .,kdcqualc Public Facilities ( )rd inancc. .'41'~("1 1¢ ~N !i i'Ri~I'I:R'I Y ¢)WNI'~RSlilP. i.l:.(iAI. I)I'~SCRIi"I'Ii)N ANI) .%lll)R i' ~1 I'll.Ii ".1 I'R¢~I'I:R IY ~)WNI:R.~IIIP Ibc pmt'x.-rt5 i, ,,,,,.ned bx (iarr¢11 F. X. l;lcyrcnt and '1'¢~1 Brc/ski. Joint lcnanls 2.2 I,l,,(i.\l I)I-S¢'RIP'I'I~)N 12B/ ..\11 of I r~lct 77. I 'nit 35. (;oldcn Gate I~.statcs. according to thc plat thereof as rco~rdcd in Plat l~,.ok 7. Page 85 ~l'the Public Records of('ollicr ('ountx. Fh,rida. ¢).R. lh,,k 1251. I'agc 14~5. less that area taken fi,r i-75 right-ol:x~.a5. 2.3 .%II()R I i I I I.I.. Ibis-rdinancc .shall Ix' kno~n and cilcd I)l,Vl:l 1284 Si:C'I'It ~N I!1 .~'I',.VI'I-~MF. NT ()F IN'I'EN'! ANI) PRI)JI-X"I I)I:.',;('RIP'I'I()N 3.1 IN'I'Rt)I)I '("11()N 3.2 '1 he ~v, ner's intent is to create a Planned I:nil I)e'.dopment meeting or exceeding tile appl icahle ~tandard~ ~1' Iht ( 'l dlier ( '~ nlnt~ I and ! ~'~ el, ~pmcnl ( '~,dc. lift ~ d~ ~cumenl oulli acs guideline, liar Ihlurc dcxclopmcnl ol'lhc pro. joel that niger accepted site planning ired urban design practices, and Io implement thc ('~,llicr U~,unt~ ( iro~th Xlanagclncnl Plan. I'R()JI.(' I I)I:.";C'RiI"I I()N 3.3 '1 he prniec! i', compri.~d nf4.38 acres, more or less. and is located on the noah side ol'Pine Ridge R(,ad. appr(,ximalel.,. I.I'NXI II. I~ lilt: ,,'.est ul 1-75. I.ANI) I 'SI.. I'I.AN 3.4 I he pr,~iect permits a range of'commercial t,.~s to mcel neighN~rht~d sN~pping needs as ~ell a~, thc nmtoring public Irav¢ling In and from 1-75. Ibc I'1 '1) Xlaster l'lan depicts internal circulation, open spaces, land-cape bufK.'r area.~, and e,aernal access, p~dnts. The PI 'I) Xlastcr Plan is desigm.'d lo be flexible. I'he cnnligun~iion ~,fc,,mmercial ilreilS ~ill not be dclcrmincd, and platted until suNli', ision appr(nal is obl;lillcd. I'R¢,UI-( I PI I.\,'qlN(; Iht anticipated lime Ii,r build-tm! hi'the pr,~jecl is three i'll )ear,, In,m thc dale ,d approval *~'J'lJlt.' J~J J). 4¸1 t,;I.il' I I~ )'~ IV (,I ~1:i,(.,%.1. I)I:VI-.I.( )I'~II.NI Rt.( il '1..\ I1{ Iht purp,,.~c ,,f ihi,~ S¢cmm is lo d¢lincal,: and gcncrall.~ describe tl~c pmiccl plan dcxcl,,pmcnl, rclali,~nships tit applicable (_'~tfnt.x -rdimmcc.~. and thc rc'~pccti~c land {:I'NI'R \1 I,to, ctd:stn,n, Ibr ,tcx¢lopmcnt ,,f tl~c PIXI. RII)(~I (~)RNI.RN Pi'l) sh:dl bc i, a~o,r,l.mcc with thc contents ,1' this document. I'1 'l)-I'lanncd I'nil I)cxch~pmcnl Ih~tri~l and ,,thor applicable ~'ct,,n~ and pans ,,1' ~hc (',,llicr ('~tllllX Imld I~cxch,pmcnt (',~c and thc (in,x~lh Xlanagcmcnl Plan which aulh~,ri/c~ thc o,n.tructi~m ~1' illlprov~'nlcllts. ~tlch ;Is hul I~(,I lin,lcd h,: l ired Nttbdix isi,,, I~lm. J I~l,lJ Nile I)cxch~pmenl Plim Appr,~xal. I'xcax.~i~m I'crmil .uld I'rcliminarx ~k'~rk Xt~Jh,,ri/alnm. kVhcre lhc~' rcffulali~m~ I~,1 t~* pn~ ~dc ,tcx ch~pmcmal ~l;mdard~. then iht pr,,x iq~,l~ tfl'lhc 1111~I ~imilar ~JJ~Inct in thc ( ',mntx I ,,id I)cxch~pmcnl ('J~dc ~hall I 'nit,.. ~,thcnx i~' m~tcd, thc d¢linimm., ul'all term, ,h:dl bc thc ~m~c a.,~ Iht dclh'lJ,ns scl h,rlh in (',dlicr ('~unt.x I.and l)cx¢lopmcnl ('~dc ~n olivet ;,I thc time ~d' huilding permit applicali,n. \11 omdili~)n.s iml~.~d i,ld all graphic maicrial prcscnlcd dcpictintz restrict,ms l'~r ~hc dcxcl-pmcnl ~1' PINIi RIl)(il. ('¢)RNI,iI,~N I'1 I) %hall bcc~m~c parl ~1' ~cu:~l~ti,m,~ ~ hict~ ~,v~..rn thc nl;mm.'r in %~hich thc I'1 '1) ,i,.' max t~c dc~ch,pcd. J) l)cxch,pmcnl pcrmillcd hx Ibc appr-xal (~l' Ihi, pctJli~,n ~111 bc suhiccl I,~ a ( ,,ncurrcncx rex Jcxx under thc pr,,x ~,i~m, ~1' I)ix ~. 1~ ,,1' thc ('~dlicr ('~tlntx land I)c~ ch,lm~Cnl ('(~,Jc al thc c~rlic~l ,,r ncxl ~,, ~,ccur (q' cilhcr I' inal Site l)cxch~pnlcnl I'l:m .~rpn~xal. ,,r huilding permit i,.uancc arplic~,hlc t,, ~l~is clcxcl,~pmcnt. ",l II- (I I \l~lX(i .\Xl) I)R.,',,IN..\(il. ('lcarmg. grading and carlh,,~,ork shall be in accorda,cc with Sccli,m .,._.g..,.6 ~I' thc ('~dlicr ('~,unlx I.and I)cs~'h~pmcnl ('(~e. and SJlc dr;,m~ff~' xs~rk shall ~. in acc-rdancc x~ ith Sccti~m 4.4 4.5 I'a~,e|ncn|-. ,hall Ix' pr¢~ idcd for ~,,:,lcr management arc~s, o,n~crx uli,,n arca~, ulilifics and ,qhcr lmrD,~c~ a~ ma~ bc required b~ (',4lief ('mml~ and miler pcrmillin~ a~cncic~..All I1CCc~x;trk c~I~ClllClII~, dedicatinns nr other JlIMruu1Clll~ shall hc ~ranlcd t~ un,utc c~mlJnucd ,,lX'ral~:,n ,md m;:inlcnance of all scr~icc~ and ulililics. ~n c:m:pli;mcc ~ilJl appl~cnhlc rc~ulati,,n, in cl'l~'cl at thc lime appr¢~ als arc rcquc~lud. .\\11-\1)\11.\ I~ I() III1-.' MASIi!R Ih,.' .~laqer I'lan i~, d¢~iLmed tn I~, llcxihl¢ x~ith re~ard lc thc placcmcnl nf buildings. ~t~ hm~ a, Iht Iinnl dc~i~n cmnpli~s ~ilh all thc applicable portim~ el'Iht I'1'1) ~rtlimmcc and building heights and ~tbacks ar~' thc same as depicted ~m thc PI 'II Xla~tcr Plan. 'l'hc I'l,mnmg Ncr~ icc~ I)ircclcr shall ~' authorized 1¢ approve miner changes illld relincments h, thc I'lXI. RI II( il'. ('()RNI(RS ~lastcr Plan u~m x~riltcn retlueq ¢I' thc oxxncr i~ascd nn thc ah,~xc dntl thc Iblhming. in addilinn Io Iht slantlards prm idcd in .Arliclc 2. I)ixisi~m 2.7. Nccli~m 2 7 i.fi hi'Iht ('hiller ('~tllll5' l,ilild I)cvclcpmcnl ('~dc. I.~clIHIc~ ~llcr¢ ~tlch ¢11,1n[2c~ arc c,m~iMcnI ~nh Iht crllerk~ ,,1' Iht ?q,~tllll I h~rid;~ \\ alcr \iana.~cnlcn! i)JMricl and (',,liter I'tcc~,nliL-'uralinn ¢4 file d¢~¢h~plll¢lll ¢11', clupc~ ~ hcrc Ihcrc i~ I1~} cllcrt~llChlllclll Iml'IL'r arca~ and all B'ninenl sclback rctluircmcnl~ prm idcd liar in lhis urdinance lire IllCI. I'R~LII 1'1 I'1 .~.N '~I'PRiIVAI. RI.QI 'IRI XI!!N I.~ Iht I'1'1) Xla.qcr Plan. cnn%titutc% Iht required I'l l) I)c,,ch~pment Iqun. I rpmi rcccix in,; I'i '1) appn,~al, a I'rcliminarx' Su~ix isiun Plat qmll hc submitted ll,r ~l~c entire area o~crcd h~ the I'1 '1) ~la~lcr Plan pursuant t~ thc rcquiremcnls ~l'l)ix isi,n :.2 ~,f thc ('hiller (',~Uffi~ I.and I)c~.clopmcnl { '(~dc. I)c~ ch,pmcnI ~d'tl ,..2asnlinc ',eh icc ~,IalJon i.,, ccnlingcnl up, m thc dcvch~pcr ~,htaining required g~,~crnmcntal ~'rmil~ liar a prcpo~cd right-in right-~mt tlri~c~a~ {m I'inc Ridge Rt~;M. In the c~ellt that thc t' h,rida I)epanmcnt ~d"l ransp~matim~ xxcre t~ deny a drlx c~a5 pcrmil liar Stll~'l~ rCilS~ll~, tin applicalicn h, unlcnd thc IH 'II t~ rcmnvc ga,,,linc hcrx icc ~talmllS a~ a pcrmillcd usc ~llall hc Iilcd x~ilhin Ihirl~' 1301 days of ~ucii denial. .'~ .";itc l)c~ clopmcnl l'l~n .~hall !~., .~uhmhtcd arm rc~ ic~xcd li,r indN klunl h,t~ in ncc~,rd;mcc v~ilh ~11 pr,,,,i.qon~, of I)iv. 3.3. Nile I)¢~clopmcnl I'lam. ,,f Ih¢ ('~,llicr ('~unp. Ix,nd l)¢',ch,pmcnt ¢'~1¢. unless olhcn,.i~ prox idcd Ibr ~ilhin tiff, tq I). nnd prh,r n, Illc i~%t~;lllc¢ nl'~ huildin~ pcnnil or olhcr required dc,, clopmcnl order.%. Iq,lt )\'IXl( )N I.( )1,', ()I:I.'-SITI-: RI-;XIf )V.\I ( )1.' I(.\R'I'! II..N M,\I 1.1~,1..\1. Iht cxca~ ati,,n ol'¢arlhcn material and ip, ~l~kpJling in prcp~rntion oI' ~atcr nl:u~agcmcnl I';IClIIIiC- ,,r lo ,~lhC~l~ devclopmcnl ~alcr N,dic~ i~ hcrcb~ pcrmillcd. If. al'lcr om~Mcr,fln,n ,~l fill acli~ itic~ on lho~c I~uJldal~lc porli~m~ ,~I' thc pr~jccl site urc ~uch that fl~crc i, a ,urplu, nf earthen nmlcrial. Ihcn il, ,~l'l'-~ilc disp,~nl i~ alan hcrch? pcrmhlcd ,LJhlCCl h~ thc l~lh~in~ c,~ndilion~: \ tun¢lahl¢ to Ihcilital¢ .~fid rcm~xal shall bc submitlcd II~rcct,~r fi~r apprm, al. Said limclal~lc %hall inchM¢ thc length ,al'lime it will lake t,~ c~,mpIct¢ ~aid rcmoxal, hotm, of opcralion anti }laul ( \11 pr,~x p,i~ns ol'.~¢c. 3.5. I.and l)cxclopmcni ('ode ;,re npplic;,hlc. Iht I'1\1 RII)(il. ('¢)I,INI'.R.~ I'1 ri) 'al;nil I~c "UI~icCI t'' NCC. 2 7.~.4. ''l'lhc (',,llicr I and I)c~ch,lm~Cnt ('nde. lime limil, h,r hpproxcd I'1 '1) Xlaqcr I'lnn~ I'()1 I1\(,1'I \¢ I..~ \rix o,I;untn~itx rccrcntion public huihlm,?, public r,,,,m h,c;,tcd x~ithin thc I'INI- RII)( il' ¢ '~ ~R\I I~,S l'l '1 ) max Ix.. u~'d lbr a D~lling place, il dclcrmincd nccc.~sarx t~x thc .Xupcrx is~r ,,1'1 Io.'In,n.~. in nco~r&,ncc v, ilh $;cc ?,. ~l~ ,,l'lhc ¢ ',dlicr ('~mnl~ I.;md I)c~ch~pmcnl \.\11\1 Vl'¢il-I.\ll¢lNRli'll(NIl¢lX RII.II'IRI',~II'XIX Iht pr,,iccl ,hall prc.,~'r,, ¢ natix'c habitat, in accord;moo \'¢gctati,,n P, cmox;,I. Protection. ;llld I*rc,crxatinn .~tandard~. ,H' thc (',~llicr ('otJnlx I.;md I )c~ el, q~ulcnl ( ( ': ,llllll: :Il ,IIT'J IllUillt¢llJIIl:~.'. iliCJl. JdiIIL~ Ibc IlliIJlIIL'lliIII~'C ill' ii ~lllH Il :Il Ihc ililic~ carcinoma.: ,lx'n ,p:~cc,. prc-cr~.ui:,n ,lrca~. and Iht :~alcr mana[cmcnl lh~'ilitic~ ~hall hc li:c rc~p, ulhihilil~ ,fi' :l P:"I',':':> :.~ncr, ~h>ociafion. All land~capin~, parkinF, hx:dil:~ ,md ,h:rm~alcr Ill*Ill,IZ~Illl~'II[ I1:11 Jll <0111II1:111 area q:;dl hc Ibc rc~p:m>il:ilib '111 II]{ll~ idual u~crx. 4.i" \P.{'Ilt I I ~ ' I I 'R.\I..$ I ..\NI}:\RI)S .\11 building,, li~zhling..',i~naLz¢, land.~'aping and x i.-ihlc drchitccturc ~,hMI Ix' archltcclur::ll', and a¢-lhcti¢,ill~ unil]cd Ihrou~h thc llx' ::l ,imilar lll~llcriills ;llld coh,r, lhroLi~h::ut all :il'thc huildin?. -i~n,. and :~;lll~ h: ~' erected ::11 thc ~itc. I and~capin~ and strcctscupc m;itcrials ,h,dl ,~1,,, t,c ,inliJar in dcq~n Ihr:m~h:,ut thc ~ilc. Ail huildin? ~hall I:c prim:lril> finished :n light o,h,r, ~ilh ~Iucco cxccpi fi:r dcc:,rali~c Irim. All ri,ilk Illtl~l hc lilt ,,r mci;il and ,h.~ll hc peaked. I)cC:mlli~c para~'t ~all~ qlall hc c::nqructcd ah:,~c thc r::::l' lines :m IlaI r::::lk. ~hcrc tile :ir metal r:~:Ik arc not IC,l'ihlCl r ~ c::nCCl~lual dchi~n master plan ,Il:ill hc .uhm,tlcd ~,lh thc I]r~t applic,ti:m fi:r Nile l)c~ch:pmcnl I'l::n api:r::~al dcm~:n~Iralin~ c,,mpl,,:ncc ~ ith Ibc rcquircnlcflts ::l'l )l~ i~i,,n 2.g :,l' thc ( ':,llicr ( ',,unt~ I.and I )c~ ch:pmcm ('::dc pcrtdlnin~ lo ::rchhcctural and ~itc dc~i~n ~uidclinc~. 4.1; I...\NI)~{ \lq\ti.\XI)lll'FFI..RIX(i I ;.llld'.G. Iplll'.2 ~lild hufI'~:rin~ .',hall hc in ,icc:,r&mcc :.,.ith l)i~ i.,i:m '~ _.4 ::I' thc (':,llicr ('::untv I.and I)c', ch,proem ('o,.1¢. in¢ludin~ Ibc Iblh,v, in~ rcquircmcm,,. .~ l~.cnl~ IZuI IboI %~id¢ 'Il} I'~' "lY Ilul'l~.'r ~,h;dl h,: pr::~ idcd ;il:,~i~ Pine l{i:.l~c Road ~:llh Iht l::nd',¢:~l~in[ a~ rcquir:.'d ii: .S,.'cli,,n _.:4.7 4 :il Ibc (',,llk. r ('::tint', l.and I ),.'~ ,vh ,pmcnt ( I'"J \ ten I I~ Ii:iii ',,,idc I}~' ",,\" IfullL'r ,hall Ix.' pr~,~ idcd al, mb' Ill,..' cra, tern :md ',,,cstcrn IH I) h::und::ric.,, x~ith thc land,,capii:.._. ;is required ii: %cerium 24.74 ,:1' thc (':,llicr ('::tIIlI~, J ;.llld I)c~,ch:pnlcnt ( ~paccd a IllJIlJIlltlIll ol'tt~L'IlI~ I]OI IL'ct ~m-ccntcr and ;i ,~n~lc r~,~ ,,f xJlrLJbh hpaL'cd a nlininlLlnl iff' I]lrcc I3) I~'ct ~Ul-CClllCr. guch Ircc~ and ~hrtJh~ ,hall mutt thc rcqulrcmcnl~ ~fl' gcclion 2.4.4 of Iht ('oilier ('~,unt~ I.aml I)c~ ch~pmcnl (k~dc. I'hc ~pccilic h:cation ol'lhc ~csl border hul'lL.r shall hc ;i~ indicated tm thc Xl~lhlcr Plan. Xh, ,uld dc~ch~pmcnt ~d'Arcu II hc Im ,po~cd pri~r t~ thc k ac;tti~m ~1' thc casement, a tcn~p,,r.u'> huflbr ~ ill ~' installed. 71 I~,ul'lL'ring bet,~.ccn other internal parcels shall include a Iix c tS) li,,t xxidc bultL'r ahm~ each parcel m tx' developed, xxith trees spaced a minimt,m ,~1' Ixxentx 121~ I'ccl i~n- comer and a ,,ingle nm' of'shrubs spaced is minimum ~l'tl~rcc 13 ~ l'ccl ~,n-ccnlcr..%uch tree, and sl~rs,bs sll;,ll Ills'el Iht rcqt,ircmcnl, ~,1' 'q¢cli~ll 2.4.4 ,,I' Iht (',,llicr ('ountx I .i, nd ! )c'~ cl-pmeni ('ode. \ Ix~cnt~ t2t~ I~,,! x,.idc 1 .'.ix. "i1" I',ufli:r .,h:dl Ix. pn~x ~dcd ah,ne I.i~ ingstt~r, I .mc v, ith m-re stringenl ~crccnin~ than required in %ccti,n 2.4.7.4 ~1' thc ('~filicr ( ,,unt~ I.and [)c~ch,pmcnl ('~dc I rccs si~all hc spaced a minimum of lil~ccn (15) lcct ,,n-center and a single r,x~ ,f shrubs shall ~ ~paccd a nlinimtlm ~1' three (3} Ikcl ~,n-ccmcr. ~ ith N~th lrees and shrubs h~alcd ~m thc northern side sd'ail eight (g) l.dl ,rchitccturnllx finished ~patlUC mas~nr~ wall. Such wall shall have a art hilcclural lhcmc s~ilh the ~lhcr buildings anti signagc ~ ilhin fl~c I'[ '1 ). its dcscriN'd in Sccti,,n 4.12 ,,1' this !'1 'I) J)t~CtlfllCllt. alld ~' installed and mainl:sincd with thc li,i.hcd >ldo t~tll I~,x~ard~ i.ix inghmn ~V~,dh I.anc. Such lrcc~ and hhruhs 41all nlCCl thc rcquircmcnl~ ~I' Nccli,m 2.4.4 ,,f Iht (',,llicr ('t~tlllJX I :md I)cxch,l,mcnl Ihi, hul'tcr ,hall ~ installed as a required impr,x cmcnt li,r thc lirst Nile J)cx ch,preens I'ian within thc ~uhjcct I'i 'l). Addili~mallx. ah,ne Iht ~,ulhcrn side ,,l'lhc wall. there .h:dl hc plamcd at lcasl Ibm-linc (4~I Red %ktptc trccx. ,,r ~imilar hl~'cics, thai afc Ic,s,I ci~hl tgi I~cl tall. F:cquircd land~'aping shall Ix' m:mmfincd and topi;teed x~ idm~ ,inch ~;1~) ,lax s il' plan! I~l,dcrl.s! dic~, \,, landscape huff'er ~,,ill he required betx~ccn ~rcas \ ~md I~,. I'ri~,r t,~ .Sits I)¢~cloprncnl Plan ~,ppn~xal I'-r Pha~' I. thc dcxch~pcr nhall tsmc p~ mcnt ~f'SI.7~O.O(I m thc ('~tlnl). I t~c~c I'tmd~ will bc u~cd l~r thc public righl-ol:~ay of I'inc Rid?c R~md in Ihml ~ffthc pntjcct. Iht l:md~capin? will bc inntallcd alicr thc r~ad~ax ~$ x~idcncd t,, ,ix l:mc, and I'tllurc innt~lllldi~,n llldllllCIlallCC ~ffsuch landscapin~ ,hall be thc rc,p~,n,ihilitx ,ff('~dlicr ('~,tmtx Ihin :,n lieu paFmcnt. ~ilislies all pn~icc~ ~,hliga~i~m c~,nccrnin~ I'inc 4.14 N()l.ll) V, I rash rcccpt'aclcs shall be screened on three (3) side.,, b,. a sc\ch (7) lbot high ~paquc m,.-,,nrx x~ all x~ Jib afl opaque gale on thc rcm,fining ~,idc f,,r accede,. Nuch masonry x~ all shall al~,~ mcct thc archilcclural standard~, f'urthcr described in .'qccti~m 4.12 ~d' this I'til) [ )~ ~CtlIllClll 4.15 i.l(iil'l'lN(~ I'nlc li.~h~ing ,,hall hc proMhiicd. Architcctt,rall.~ Iiniq~o,l lampp~ts n~t cxcccdin~ n hci~M of txxcnt~ ~2(}) I~ct shall ~ ~itl~d nn Pin~ Ridge Road. I.ighting shall mcct thc architectural standards Ihnh~ dc~ri~d in Section 4.12 of this l't :i) I)ocUlllCl~t. I.ighting shall ~' designed ~ that glare d~s not extend ol'l=sitc train rcsidcmial prn~rlics. .Si~n,. ,,hnll ~' permitted as &.~rilx.'d in .'4c~.ti~n 2.5 ~,1' thc ('~,llicr (':,ulltx i.and I)cxch,pmcnt (',,dc cxccp~ ~,lc ~igns. as de, rind in ~cclinn 2.5.3.2. ~. I ~hall n~l hc ~rmittcd. ( iround ~i~n~. a~ dc~cri~d in Sccti~n 2.5.5.2.3. I. shall ~' ~'nnittcd but ~t~ll n,,t cxcccd a nx~xin~um height ~,~ eight ~8~ leer. Signagc shall al~ meet thc architectural stnndards li~nhcr dcscri~'d in Ncctn,n 4.12 of thi~ I'I '1) I)~tJmcnt. ~ign h~atinn~ haxc ~'cn identified ~)n Ibc i'[ ;I) Xlastcr t'k~n. 4.17 .',.R('I IAI'( )I ()(iI('AI RI!S(}T'R('I:.~ Ihc .',uhicct pr~qx:rt.,, is h,catcd outside an nrca o1' hi~t~,ricul and a~chacoh~gical pn,hahilitx' as roiL'rented on thc official ('oilier ('nunty probability map. I hcrcfi~rc, m, historical ' archacnh,gic:~l ~urxc>' and a~nlcnt i~ n~c~ssar). IIl',ng-,,?lk ' l~n J (} 5.1 5.2 5.3 SF.('H( }N V I'I'R.'Xll H'I-iI) l 'NF.."; ANI) I)INIliNSI()NAI, 5;I I'1 'RI'¢)SI', Iht purp,,~' ,~1 this .'qcclion is I¢, idcmil'.,, lx'rmiltcd c~,mmcrck, I u~,c.., and dc~ch,pmcnt ~,tandard~, I,,r ~,rc;e, v, ilhin Iht I'lNl.. I~lll)( il. ('¢ H{NI-RN I'1 'l) do, i,..2n:,lcd ,,n Ibc I'1 'I ) ,X. kLqcr l'lan. { il..Nl..R,'~l, I)I!~('RII"I '1 hc I;,nd u',c acreage tuhulations fi,r Ibc PINi'~ RII){ il.. ('¢ IR Ni:R.'q urc depicted on thc lq[i) Master Plan. 'l'hi~ ucrc~gc is bu~d ,,n c~,nccpm:d dc4gn~ and i~ subject t,~ I'urthcr rclincmcnt...Xct~l ucrc~ag~ For building parcels and ~,~'n space ~ ill ~. prmidcd at thc time ,,f ~uhmiltal ,,f'thc I'relimina~' SuMix ismn Hal. l'l:R,\lll I I,.I) I 'SI:S A\D Wi'RI '('! I 'RI..~ build]Jig ,,r slructt, r¢. ~r purl there, al'. -,h;dl I~. creeled. ;,herod ,,r u~,ctl. ,,r ImM re. cd. Jn ',~ ti:dc :,r part. lhr :,lhcr than thc Iblhm .~, \rc~, ".,\" l'¢rmittcd Principal 1%c.~ und Ntructt, rc~,: I ¢ )l~'n .\re;, "1'~" J'¢rmiticd I'rincipt, I I '~c.., ;,nd Strt,clurcs: Institutions Jgrm,p., 6l}21-,ql1~2 I('~,mmcrcial I~lanks. And Credit I 'ni~m.,,jJ. "I'ating I'laccs tgroup 581"). '; I I,,tcb, and Xh,tcls Igroup 7ffl I ~. 4. In.,L, ran¢¢ ;'~.gcnl.'4. l'lrokcrs, and Services (group 641 I ~. 5. ?.lisccllan¢ous Retail [groups 5912 II}rog .qtor¢.s}. 5gu2 I I:h~ristslJ. 6 I'crsm~al Sen'ices Jgroup 5231 I llcauty .Shops}J. ll 5.4 7. Real ILstat¢ Agents and .Manatzers Igroup 65311. ~ I tax cl Agencies Igmup 4724 ~. ~}. Video I a~ Rental {group 78411. ItL l'rol~sional I Il'rice and Medical { }l'licc uses. II..Xnx other c,m]mercial u~ or pr~d~ssitmal scrxicc xxhich is comparable in nature xx ith thc Ii,redoing Xrc:~ "(" I'crnlitted Principal I'~cs ,md Structures: I Xll I'cmfittcd l'rinci~ll I'scs Iht .Xrca "B" as dc-cri~'d xxithin this PI 'I) I)octtmcnt. _.~x_g ,~l'lh[' ('~,llicr ('~mnt~ I.mtd I)c~ch~pmcnt ('ode...~ul,~ repair and t~rc ~alc~ pndlibilcd. 4..~nx ,,thor comcnienc[, cunmk'rclal u~c ,~r prolk's~ional ,cr~ icc ~hich is c~m]patiblc in nature ~ith thc Ibrcgoing u~'~. including buildin~ fi~r retail, scr~ it'c and purpo~ con~islcnl ~Jlh thc inlcnl and purpose of this I'1 5. I'~c~ and ~tmctur~'s that arc acc['~so~ and incidental ~ the uses permiHcd righ~ in tl]~ PINE RID(il: ('()RNI'~RS PI '1). Ibc fidh~inu dc~clopmem qandards shall appl) to ~'rmittcd cmnmcrcial uses in thc I INI'. RII)(iI' ('(~RNI:RS PI'I). I. Xlinimum l.oI ..~rca: T~cl~ c I'h~ms~md 112.110(t} Square I'cct. 2. N]JnimUnl [.ol Width: Scxcnlx-I~xc i75)l-col. ;. ~linimum Yard Requirements: a. l:r~,nt Yard: Alon~ I'inc Ridge Road -'1 ~cnt~ I-i~c 125) Ibct. h. Front Yard: Alon~ I.i~ ingston Woods I.anc - Ninctx Igl})I~ct. 128 c. Side Yard: 'fen ¢ I0) liecl unless attached. d. Side Yards: l']et,,~een mo ¢21 lots ~ithin Ibc I'I 'i) - ten (111~ Ii'ct unless auached. Side Yards: I':xternal to the PI 'I) - I'iliccn I15~ I~.'cl. \lw~imum I leighl: 'lhirt~ ¢.'1i~1 fleet. I lo,cS and m,~lels ',hall bt' limilcd 12 } Ill Minimum I'h.~r Area of Slrm.'lurc~,: %c~cn prin~'ipal ',lnlettlr~: ,~n Iht' l}r,,i habitable II~r. \l,,~,~mum l)ensit,,' '1 ~¢nt~ -~ix 1261 unit.,, per acre Ii,r m,~tt'ls and h,,tcls. Xlimmum off-street parking and ~d'l'-slrt:¢l h~,,ding: ,.\s required in I)i~ision 2.3 ol'lhe ('oilier ('ounl~ land IIesclopmcnl l)i~lance bel~een .',Ir,lei,ire.,,- Ihe dislance bcl'~tecn ;.,~1~ I~ principal ,qru¢lure,~ ~hall be u minimum o1'I%t¢111% half Ihe ,lure ol'lheir height,,. ~hichc,.cr i,~ grealcr, tmlo.% illlachcd. \lcrchandi~. sion,ge ;,nd diNqa)· Ihcrv ~,hall tx.. n,, ,mt~,idc .'q,,ragc ,,r displa.,, , ,1' mcrchandise. \lw,,imum numl'~..r ol'lluilding< Four 14~ buildings, plt,~, acccss~r~ s~rucmres. Area !! ma~ ~e t~o print'ipal structures. Arcu (' to Jlil~C OllC ( I ) principal qructure, one [ ! } act'es~n ~truclurg and one { ] I can(~p)' siructurc Sli('II~}N Vi 'I'RANSI'()R'I'A'i'i~ )N Rli{JI~:II,II-;.NlliN'I'N Iht pt,rp,~' ,,l' Ihi.', Ncclion is t~, .~! Forlh d~c Ir;in-.l~,rlalJ,~n C~,lnmilnlcnl~, ,,f' thc J~n,j¢c[ I),.'x Iht acc,.',~, i~)ints .~h,)~n ,)n tl~ PI '1) %la.,,tcr Plan .,,huuld h,,: c,,m, idcrcd r¢~.l~.'cl I,, I,,cmi~m ah,nV Ibc pr()jccl", I'n,,l:i.~c. dctcrnllnCd ~,t thc %itc I)c~,,:l(,pmcnl I'l;,n stage ~,nd sl~,ll Hc ,:,,n~,i~,tcm with all t',,umx ~ ~rdinan,:c., i,Hd rcguli,li~ns lhcn in cll~.'cl. \nx mcdsan ~.ninL2 ,,r Iraftic .,tL~ni, I. cxislln~ ,~r pr,,p,,.~cd, q~all bc subjec! h~ thc rctlul:cr~.'m., ~,1 ('~,llicr t '~unl,~ Rcs~dul,m (;2-422. Ibc :\ccc,,.. \l,m~c,~cn! I'(dicx. Iht dcx ch,per ,,hall pr,)x ,dc arlcrial lexcl .,Ircc! li.uhling ~,t c.~ch pr,)iccl cnlr;,ncc ,,hi(, i'inc Rid,..,c I,:,,ad "4,,itl impr,,~cmcm sh:,ll I~. i, place pri,,r I,, Iht i.,,,u~,,cc ,,l'w,x ('crtilicalc..; ~I' I~ In,_,,~,,, \N ,,,~d,, Ihc F~'tll ~, ,~lcr q~all pn,,. idca l'uturc ~ chicul~,r cr, ss-,scc¢,s c;,scmc,I I,, thc ~lt~[llt mg p;,rccl t,, Ibc c,~-.[, pri, sr h~ i ini~l .Nih.' IX.'x¢l~pmcl~l I'll,n Appr,,,,;,I. Ihi:. r,,,dx~ax c~,,cm,:,l 'qu,II Ix.' i'Ni:lnlalli¢~J ,Srld ~,[N.'rill,..'d hs thc dcx ch,l~'r ,,r hi,, dc.,i?cc. I ,Ich ,t,.~:c,', i'~,urll ,,hall h;,x¢ ;, ~,¢p~lrillC ~,~¢~l~tilld ri,._,hl tllrn h,nc il' il IS h~ I'ttncti~,n ~t:,, ~m thc pr,,pcrl.~ I'r, ml;.i,..jc' ~ill m~! I'~.. j%'rnllll~.'d 6.7 k\ hen requested b~ thc ('~unl). arid ..,uhiccl h~ thc appro,, ,,r a I)c~ uhq~cr's (',ntrit~utiun .\~rccmcnl liar mad impact I~'e credits fbr Iht f~dr market x iduc ~1' thc dcdicali~m, pursutmt I,~ ~ )rdinancc ')2-22. as amended, thc' dc~ch,~r shall dedicate tip ti~ IXNCIIIN (Iii) Ii'el ~,l'right- ,,l'-~ax ah,n? die n,,mh side ~l'l'inc Ridge R,,ad ll,r I~lttlrC r~;ldx~;~x, hike path and drainage ~mpr,,~ cmcm~. NtJch dcdicati~m shall m,l bc dcduclcd fW, ml thc I'1 '1) pn,[~'rt) liar purp,~sc~ ,,l'dctcrm~ni,? ~ard~. h~l area or h~t dimcn~i,,n~ as pr,,x idcd in Ncclh,n 2.2. I~ ~d'tllc (',,llicr (',~tllllX I and l)cxcl,~pmcnI ('~dc. Ihis dcdicmi~m q~all ,~ccur at thc earlier ,d' citijet Linc den ch,~'r', o ,lin ClIiClICC or x[ ilhin smc hundred and Ixxcntx 112ill dax $ ,~I' x~ hen rcqucslcd bx Iht' ( '~tllllX. I'cdcstriz,n accc.s~, .sl~ali ix.' pro~'idcd tN.'l~ccn all pz,rccl~, illld lime ~,l'l'im, I Nih.' I)¢sch,pmcnl I'l;,n ;,ppr,,x~,l Ii,r c~,ch indi~ idt,~,l Iracl. >;t,h',tanti:,l c,,~pctcn! ex idcnc¢ shall hc prt,x idcd h,, thc dcx ch,per t~, thc cl'l'ccl Iht, t Iht pr, tjcct i.. dc:~igncd to pmxid,: ct,pacit.x t, nd lrctltlrlCnt fi,r histt,ric;nl rt~t,dx~ax rumd'l'. additi,,n..,itc draimng¢ shznll not Ix.' lx..m~ittcd to disch;,rgc dircctlx intq, ~,nx n~adx~a.x dr;,inagc S~ ',,[Clll. .NI(('! I()N VII I "1 II,I'I'Y ANI) I:N(iIN!!I. RIN(i RI:(JI 'IRI':XII(N'IS Ih¢ purD,~' ,~1 Ihi~, .%eclion is to .~t Ibrlh II1¢ utilitic.~ mid cngim.'crin,~ c~,lllmilnlcrll.,, ~1' thc I'ro. iccl l)c', ch,~'r 7.1 I 'lll.I I I1' .":, 7.2 I'~tt~hl¢ ~h.'r ',~iil I'~.' supplied by the ('ountx ~A'tflcr hcrxicc sxslcm thr~u~h cxi~lin8 12 inch main nmnin~ c~t m~d ~csl on thc m,rth side ~,1' I'inc Ridge .Xll o,nslruclion plans and lechnical s~'cilications Ibr Ibc pmp~,~cd rex ~c~cd and appro~'~ hx Ihe I'lannin8 I)cp~rlmcnl. I'.nvinccrinv Rc~ icx~ Services pti,,r I,, c~mmcncemcnl ol'conslmclion. ()n silo x~lcr mains q]all dcxcl,~.r ;~1 no cosl Io Ibc ('ounlx and shall hc Xk~lcr Xlclcrcd. ,All ~n silo ~valcr nuun~ q~all ~' ~ncd and muinmincd bx Iht dcx eloper, hi~ as~i~n~ ~r hcir~. ( ~,nncction Io the ('ounl) .~¢r .%',.,,tom slmll tx., Io thc ('~mnt~ li~rcc nmin located on tl~c .,,uth side of Pine Ridge Ro~;d. ;~t no cost to thc ('ountx. ~c~xa~c shull hc pum~'d b~ im ~*n-~ilc ~talion to thc ('t*tllll) s)'SIClll. All constructitm phm~ and technical ,pccilicalions ~hall K' appro~'cd b~ Iht Plannin8 l)cp~nmcnt, l.:n~inccrin8 Rcvic~ ~cr~ ice. prior h, con~lmclion. All on-site s~'~cr including pump slillion ;tl]d Ibrcc main up h, lhe lic in D~inl ~h~dl N' o~ncd and maintained h~ Ibc dcvcMpcr, his ,~ign, or hcir~. l(N( ilNI-I'.RI Nfi I)clailcd pu~, ing. ~radins. site drainage and utilil.', plan.., .qmll bc submillcd lo thc I'lannin8 5crxiccs l)ircctor Ibr rexic~. No constructi~,n permits shall hc issued unlc,~ und until approxal of thc pro~scd construction in accortkmcc ~xith thc ,ubmmcd plans is granted by Iht I'lanning Nors'ices l)ircct~r. I)csi,,n. ... and construction of'all improxcmenls shall bc st,hjcct t,~ compliz, ncc x~ ith all z~pplicablc provisions of the ('oilier ('ountv I.and i)exclopmcnl (.'ode. includinL2 tllOSC ,,.'t li~rlh in I)i,.ision Three (3). Iht dcxcloper, and all successors in interest to thc dc,,clopcr, arc hcrcb.v placed on n,,ticc that they shall be required to s;ttisl'x thc requirements of all ('ounty dcx ch,pmcnt ordinancc~ or codes in tilL'ct prior to or c,,~cu~cnl x~ ilh any subsequent dcx cl,,pmcnt order relating to this sile. including .Nile l)cx clopmcnt Plans and any ,,ther :tpplicati,,n th;fl ,,'.'ill result m the issu;ince ,,f'a final ~r h,cal de~ch~pmcnt ,~rder. VIII WA'i I-.R MAN:~,(iI!MliX'I RI-.()I IRliMI.\ I N Ih,: purt~,:,,,.. ,,I I1',~, .'q¢¢lJon Js h) .~l l'orlh Ibc ',,,alcr rn;tr~akZClll,.'nl t:,mm~Jllr~¢r~Is o1' Iht I'm cci l)c~ cl,,i-x..t I,%'L, ilcd p;,,, ing. sr;,Jing and ';ilo dr;tinagc plan, q~;,ll hc :,t,bmittcd to thc I)c~cl,pmcnl X,.r~ ~,.c. Ihrcc~,r li,r r,.",i,:~. X,) ¢,mslructi,m pcrmils .q~;~ll hc isstfcd t,nluss ;,mi unlil ,lppr,,~.,I ,,f Iht pr,,l~t, cd t.'l~ll.MrtlCliOll ill ;,co,rd;,ncc ,,~ith Ibc StlhnliHcd plans is gr:,ntcd bx I'l.mn~n;: ",cr~ fccs IlJrcclor. I)¢s~gn and t',,nstruction of' all improvements shall bt. subject I~, c~,nlpli;mcc ~tth II1¢ ~,ppr,,prkltC pr,,~ i~,i,m.s ol'lh¢ ('oilier ¢ hmnl', I.and Ilc,,ch,pmcnt ( I.;md',capm.. ',hall not ~' placed ~ithin t11¢ x~;llt.'r J'n;maUCnlCnt ;Lrc;l', Lmlc,,,, ,;pccilicallx p,:rmiuoJ h~, th,: (',,llicr ('t')tlflt.~ I.and I),,:,,clopn~cnt (.',,dc. 8.4 .\n c',.cas ;,lh,n t'x.'rmil shall be rcquir,,..d Ibr Ih,,' pr, q~,s,..'d lake in ac¢~rdancc v. ith I)i;..;.5 of fl~c I.;ind I)c~clopmcn~ ('ode and Soulh I'lorida ~3,'a~cr Xl;magcmcr, I)is~rict Rt,lcs. Iht ',uhicct pr,,pcrb is t'urrcnll) undt. r ¢o111mt~I1 o~ncrship ~ Jib Iht adjacent pn,~'m' l(, thc ~c,t I ndcr this circumstance, a ~;ltt'r m;magcmcnl s~stcm ma~ k' sl~arcd ~ ith pro'uny 1o Iht ~c,~ .,mi thc c5prc~, area ~ithin thi~ ,xqcm as gcncritlI) d~'pictcd ,,n Iht PI :I) Nla~lcr Iq,tn. ,hJII t~c prc~cr~cd and cnJlilncctt. .XIIcrnati~cl~. %~;ltcr Ill;lll;IgClllClll ;Irc;ts Ill;l~ bC c~,nligurctl ah,ng thc n~rthcrn ctlg¢ ol'lhc pi;tuned dcxch~pmcnI. SI.i('II~ )N IX I. NVIR()N%II .SI ..\1. RI:()I 'IRI..Mi. N I Ibc purF,~,,c ,,f thi% .,cotton i',, t,, sci forth the cm,'ironmcrm, I rc,.luircmcnls of thc project dc','clol~r. Iht pn,lCCl ',hall meet all perlincnt 14 Ch,. ironmcntal r,:lalcd rcquircmcnI.~ of thc ('oilier ('oum', (iron, th Nlana~,:mcnt Plan. im.'ludin~ thc ('oa',tal /.one and ('onscrv;.lliOn \I;.li~a'='cFP, cIIt I:lcmcnt. in cffk.'ct at thc tirl;c Ihat rcquc.,t~. ;.,r,: made I~ar .N, itc I),..'~ clopmcnt I'lan appr,,'. .\ '.~,ctland prc~'r~¢ arc;., is depicted on thc I'1 '1) .\la~,lcr I'lan. I hi.,, v, ctland is t,ndcr ~,~,,nt.'r,~hip ~ nh Il'lc adjacent property lo Ill,.' ~t:st. '1 hr.' project% pl;m fi~r ,J,:,,chqmlcnl is tt~ prc~,ur,, c th~% v,.:lland ar~.'a in its t'rllirk'l'~ ;tnd h~ t'llh;lnc¢ t'<t~ccn thc t~,, pn~pcrti¢~. 94 All t'~n~cr;alhm areas ~JlaJI I%, d¢~Jgnalt'd a~ c, mscnation pr~'%'r~;lli~m Ir;lCl~ ,,r ¢;IsClll¢~lls ,m all c~,n.truction plato, ~nd ~h.lll N: rccord,,:d Jm thc plal ~,, ifil l'n~lccli', c o,~ cra,liS per ~r ~,imilar t,, Sc~:ti,,n ?04.tl6 ~l'th¢ I' h,rida SlattltCh. In thc c~ chi thc prt~j¢ct &~:s not require pk,tling. ;ill ccmscr; ali,,] arcah shall hc rco,rdcd as c~utscrx ;ll i,m prcscr; alton tracts or caS¢lllClllS dedicated t,, an appn,~cd entilx t~r to ('oilier (',,unix ~ ith n,, rcsD,nsihilily fi,r maintenance and subject t~ thc tisch ;md limitalit,n~ similar t~, ,,r a~ per l' Iorida Statutes Section 7~M.06. .\n cx,,tic x cgctation rt.'mox'aJ, monitoring, and lllaJllt¢ll;tllt.'¢ I cxotic-lkccl plan lbr thc site. ~ ith cmphahih on the con~'ation prong ation ark'as, shall ~. submitted to ('urrcnl I~lanning l-.n~ irt,nmcnt;d Rex ic~ Staff' li,r rcvic~ and approx al prior t,, final Nile plan'construction plan appr,,~ al I'r,,,,l' ,,l ,,~ncr.%hip fi,r thc ;id. joining pr,~pcrt.', to thc ,.~cst ~.ll;~ll hc prt,', idcd t,, ('t,rrcnt I'l;mning I~,¢~ ic~,, Staff prior lo I:inal Silo PI;,n III' ,,9, ;/I,.' l~ll I'7 ~ I II I II IIIIII I III III1~1-- ~ - II IIII I ll~-- - - · ~. EXHIBF~ A ,i PINE RIDGE CORNERS PUD l ,lI CONCEPT LANDSCAPE PLAN AME~DA HESS ~ne ~dge Road I CONCEPT LANDSCAPE PLAN AMERADA HESS 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. 98-61 ~ich was adopted by the Board of County Commissioners on the 23rd day of June, 1998, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 29th day of June, 1998. DWIGHT E BROCK Clerk of Courts and.?~lerk Ex-officio to Board~of County Commissione~ By: Ellie Hof fman Deputy Clerk Collier County. Florida REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS 12Cl To: Clerk of the Board. Please place the following as a' / X/ Normal Legal Advertisement I r~--;_,/ Other. (D~splay Ad,,,. Iocabon. etd C;riginati~cj Dept,'Div: TransportationlPublicWorks Person: R~ck Gricj9 Date: May 11. 1998 (Sign clearlyl Petition No. (If none. grove bnef description): AV 98-009 Petitioner: (Name & aCdress}: Naples Capih~l Development Corporation. 4500 Executive Dr.. Ste. 110, Naples. FL 34119 Name & Address of any person(s) to be notified by Clerk's Off;ce: See List of Abutting Property Owners (If more space needed, attach separate sheet) Hearing before: /X; BCC / / BZA / / Other Requested hearing date: June 23. 1998 Based on advertisemenl appearing 15 days before hearing. Newspaper(s) to be used: (Complete only if ~mportant IX/. iX/ Naples Da~ly News or legally requ~red/X/) / I Other Proposed Text: (Include legal descrmpl~on & common IocaI~c,~s & s~ze)' PETITIOi'J AV 98-009 TO VACATE A PORTION OF THE SPECIAL PRESERVE EASEMENT ON LOTS 1.2 AND 3. BLOCK E. ACCORDING TO THE PLAT OF "QUAIL WEST UNIT ONE. REPLAT' AS RECORDED IN PLAT BOOK 21. PAGES 84 THROUGH 106, PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. Companion petition(s), ~f any, & proposed hearing Cate: Does Petition Fee Include Advertising Cost'~ Yes IX/ No J"~. If yes, what account should be charges for advertising costs 101.163610-649100 ................ ;,,~.o.;, ......................................................................................................... Reviewe~~-,..Oate C-, ',"-'~"~ Approved by: Date Division Head Ed Ilschner County AdmmisIrator Robert F. Fernandez List Altachments: (1) Resoluhon (2) Legal Oescnpbon (3) List of Abutting Property Owners DISTRIBUTIOH INSTRUCTIONS For hearir~gs before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal documents is involved, be sure that any necessary_ legal review, or reauest for same. ,s submitted to County Attorney before submitting to County Manager. The Manager's Office will distribute copies: B. /X/ County Manager agenda file; /X/ Requesting D,wsion; /XJ Or,cma; '.o Clerk's Office Other hearings: InitiatinG Division Head Io approve and submit onginal to C:erk's Office. retaining a copy for file. FOR CLERK'S OFFICE USE ONLY Date Received Dat.e Advertised ./ Date of P H (~nc~ud~ ~ cora:) !11111111111111111111111111111111111111111111111111111111111111 'LOt 2~3-48~ liililililillililIIiiliiliillillilillilllli'i'i[liliilllilillllil 12:19 i 0~Y00'52 08~29 00~01,5~ May 19, 1998 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 33940 Re: Notice of Public Hearing to consider Petition AV-98-009 Dear Judi: Please advertise the above referenced notice one time on Sunday, June 7, 1998, and again, on Sunday, June 14, 1998. 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. 800835 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on TUESDAY, JUNE 23, 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 AV-98-009, Terry Cole, P.E., of Hole-Montes and Associates, as agent for the petitioner, Naples Capital Development Corporation, Willis and Brenda Chaulk and E. B. and Susan Abel, Jr., requesting the vacation of a portion of the Special Preserve Easement on Lots 1, 2 and 3, Block E, according to the plat of "Quail West Unit One, Replat', as recorded in Plat Book 21, Pages 84 through 106' Public Records of Collier County, Florida. 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 CO~;TY, FLORIDA BARBAP.A B. BERRY, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Ellie Hoffman, Deputy Clerk (SEAL) Dwight £. Brock Clerk County of Collier CLERK OF THE CIRCUIT COURT COLg~ COUlee CO~tHO~E 3301 tAMIA~ 19~AK EAS! PO BOX NAPLES. FLORIDA 3~101-30~ 1201 CIPCUiJ COUNT COUNTY COUPT COUNTY J2[ COI~DE l~ CLEI~K BOAI~D OF COUNTY COMM~SSlONEI~S May 19, 1998 Re: Notice of Public Hearing to Consider Petition AV-98-009 Dear Property ~ner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, June 23, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, June 7, 1998 and again on Sunday, June 14,1998. You are invited to attend this public hearing. Very truly yours, DWIGHT E. BROCK, CLERK Ellie Hoffman, Deputy Clerk Enclosure 12C1 , May 19, 1998 Naples Capital Development Corp. 4500 Executive Drive, Suite 110 Naples, FL 34119 Re: Notice of Public Hearing to consider Petition AV-98-009 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, June 23, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, June 7, 1998 and again on Sunday, June 14, 1998. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure 12C1" May 19, '-998 Mr. Terry Cole, P.E. Hole Montes and Associates 715 10th Street South Naples, FL 34106 Re: Notice of Public Hearing to consider Petition AV-98-009 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, June 23, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, June 7, 1998 and again on Sunday, June 14, 1998. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure 1201 May 19, 1998 E. B. & Susan Abel, Jr. 5751 Pisgah Road York, PA 17406 Re: Notice of Public Hearing to consider Petition AV-98-009 Dear Peri%loner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, June 23, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Maples Daily News on Sunday, June 7, 1998 and again on Sunday, June 14, 1998. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure May 19, i99~ Willis & Brenda Chaulk 16169 Edgemont Drive Ft. :4yers, FL 33908 Re: Notice of Public Hearing to consider Petition AV-98-009 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, June 23, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, JuRe 7, 1998 and again on Sunday, June 14, 1998. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure 23 24 25 26 27 28 29 30 31 32 33 34 35 i2C1 ,, i RESOLUTION NO. 98- 3 RESOLL'TION FOR PETITION AV 98-009 TO VACATE A POR'FION OF l'llE 4 SPECIAL PRESERVE EASEMENT ON LO'FS I. 2 AND 3. BI_OCK Ii. 5 ACCORDING 10 TIlE PI.AT OF "QI;AII. WEST I.'NIT ()NFL REPLAT" .,\.',; 6 RECORDED IN PLAT BOOK 21. PAGES 8.1 IItROI.'Gtl 106. PUBI.IC 7 RECORDS OF COLLIER COUNT f. FI.ORIDA. 8 9 WHEREAS. pursuant to Section 177.101. Florida Statutes. left.,:' Cole. P.E.. of Itole-Nlontes and I0 Associates. as agent for the petitioner. Naples Capital Development Corporation. Willis and Brenda Chaulk 11 and E.B. and Susan Abel. Jr.. does hereb.,, request the vacation of the above-described easements: and 12 WItEREAS. the Board has this da.,. held a public hearing to consider ~'acating said easements as 13 mort fully described belo~,v, and notice of said public hearing to ,.acatc v, as gi~ cn as required b,. lax~: and 14 WllERE.,\S. the granting of the ~,acatmn v, iil not advcrsel,, at'fL'c: thc o~ncrship 15 convenient access orother propen.,, msners 16 NOSA'. IftERF. FORE. BE II RESOLVED BY ltlE Bt),.\RD OF ('t)l '5, 1Y {_'~.~MMISSI~ ~NERS OF 17 COLLIER COUNTY. FI.ORIDA. that lhe follov, in~ be and is hereby, I 8 Sec Exhibit "A" attached hereto and incorporated hereto 19 lie IT FI 'RI-ItER RESOLVED. that the Clerk to thc B,u~rd is hcrcb~ directed to fcc-rd a certified 20 cop.~ of this Resolulhm in the Public Records of ('oilier Count.',. Florida. and t,~ make proper n,qati,m of this 21 vacathm on thc recorded plat as referenced abos e. 22 1 his Resolution adopted after motion, sect:nd and rnajorit.~ D..VIED: AI"I'ES I': DWIG[ FI E.. BROCK. Clerk Appro~ ed as to fi~rm and legal Assistant Coun£v Attorney BOARD OF COl 'N1 Y C().MMIS;SI()NI!R.$ COLLIkR COI_'NTY. F[.¢~RIDA BY: B,.\RIL\R.,\ B. BERRY. Chairman z 0 ~.0~. ~ZmO0 Z~Z~ ~Cm ~ z ~>~ -r' Z m 0 Z o 2o ~0 c") -r' Z 0 Z Z z 12C1 April 7, 1998 Re: Quail West Unit One Replat - Lot E2 (ID 6897006786) Willis & Brenda Chaulk Abutting. adjoining and/or other property owners within 250 feet of the proposed vacation of easement: Lots 41 & 42 - Harold & linda Plemmons - 6300 Brynwood Drive, Naples, FL 34119 Tract GC-17 - Quail West, Ltd. - 6289 Burnham Road, Naples, FL 34119 Road, Naplu~, FL -- 1 2Cl .q April 7. 1998 Re: Quail West Unit One Replat - Lot E3 (ID 68975006809} E.B. & Susan Abel, Jr. Abutting, adjoining and/or other property owners within 250 feet of the proposed vacation of easement: ~--bo_tE1 - NaF~es CaPit~~4GGG-E-xect~t~i~e;-.6~t~ Lot E4 - Vetoer & Janice Page - 6547 Highcroft Drive. Naples, FL 34119 'Tfa~st.r-Etd:-'-8289-Bomham-Road,-Naptes, FL 34119 Afftd~rt~ of PubLication BOARD OF COUNTY ATTN: NA/4Cy SALOGLI~ PO BOX &1~016 NAPLES ~L ~.101-3016 ~EFERENCE: 001230 80~J5 57706819 NOTICE OF PUBLIC HEA State of Florida County of ColLier Galore the unc:lersJ~ authority, personaLLy appeared Angela Bryant, ~ on oath says that she serves as Assistant Secretary of the I~apLe$ DaiLy Ne~s, a daiLy newspaper pubttshed at NapLes, in CoLlier County, florida: that the attached cop7, of advertising was pubLtshe~ in said newspaper a~ dates Stated. Affiant further says that the said NapLes DaiLy CoLLier Co~ty, fiortde, and that the said nevspeper has heretofore been conttr~Kx~sLy published in said CoLLier County, FLorida, each day end has been entered as secc~cl class mail matter at the post office tn HapLe$, ~n said ¢ottter C~nty, FLorida, for ·pertod of I year next preceding the first pubLtcatton of the attached copy of ~clverttseeent; and Iffilflt further says that she has neither paid nor proitsed any person, fire or coporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said nevspa~er. 06/0? 06/{4 NOTICE ~~s M CMII~ ~ TUE~AY, JU~ ~, ~, 3~1 E~t T~ C~e, P~ ~ ~.~ ~>~ ~v~ C~- ~ ~, ~., r~. ~v~o~. t~on at the S~ecla/ Pr~r~e E~e~ ~ ~1 West U~ c~d ~ ~ , ~h raced COMMJS~s COLLIE~ COUNTY, FL~OA DWIGHT E. B~OCK, CLERK AD SPACE: 58.000 ZNCH FILED ON: 06/15/98 Signature of Affiant . '- .' ,/ '* /,, (' Svorn to anti Subscribed before me this Pers~atty known by me ,, / -/. ,~ RESOLUTION NO. 98° 232 RI:~¢;I.I;TION FOR PETITION AX,' q~-0im Ti) VA('A rE A I'~ ~RTI(~g (~1' TI IE ~I'I.CIAI. PRESERVE EASEMI~NI' (}N I.()I'~ I. Z ANt) 3. BI.()('K -~('('()RDING TO TII~ PI.AT OF "OI;AII. WEST I;NIT ()NE. RI]PI.A'I" RI(CORDED IN PI.AT B(K)K 21. PAGES g4 TIIROI'Gll IO6. RI t t H~I)S OF ('OI.I,IER COl 'N'I Y. I. I k~llI.RI AN. pursuant to Section 177.1OI. IMrida Stalulc~. Icrr)('olc. I'.IL. of Il-lc-Montes ami As~Klalc~. as agent fi,r Ibc ~litioncr. Naples Capital I}cxch~pmunl Cor~ralit,1. ~Villi~ and Brenda Chaulk and l.B and Su,an A~-I. Jr.. d~s h~by request thc ~ acalion of Iht ahmc-dc,;cribcd casements: and XVIII:REAS. the Ih~ard ha~ thi~ da}' held a p.blic hearing to c-nqdcr ~acafing said cascmcms as more I~d15 de,cried ~loss'. and nolice of ~id public hearing lo vacate ~as given as required by la~: and ~IIERI AS. thc granting of Ibc ~acation x, ill m,t adscr,cl~ al'fL'ti thc ,~x~ncrship or right of conx enic. nl acces~ ol'oihcr pro~.fly ott~cr~. NO'sV. I liliREFORF.. BE IT RESOI.VI:I) llY l'lIl'~ Bt}ARI) ~)1 ('(~1 'N [ Y ('()MMISSI(JNERS {)1: COI.IJER C~JI 'NTY. FI.ORIDA. that the fiqlos~ing ~ ami is hercbF x acat~d; gee Exhibit "A" attached hereto and in~or~ratcd herein. Bi~ I I II 'R'I'III~R RESOI.VEI). that the Clerk to lhe IMard i~ hcrcbx dircclcd I. roe,rd ;~ ccrlificd cop~ of thi~ Rc,-lution in the Public Record~ ol'Colhcr ('ounb. I. Iorida. and Io make pr-per notation of this ~ acal,,n ,,n the recorded plat a~ referenced a~ e. I his Rc~flution adopted after motion, second 2337428 OR' 2433 PG: 3411 ~R, ~4~3 :341= / / / / OR: 2433 PG: 3413 --~ ~O~~Z ~0~ ~oOZ ~ ~o~ 0 ~ o ~ 0 Om -< ~ ~,.,~- -o.- -~ ~o-~.. ~ ~ ~ ~;~ ~Z ~ W~ <<~0 00~~ . ~00~ ~ -~ ()~ ozm .- ~mowOoo~_ ~z~o< ~- . ~ ~ ~ ~ z ~ - O~ - ~--~0~0 ~ ~ ~z z z T ' Collier County, Florida REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk of the Board: Please place the roi;owing as a: / X/ Normal Legal Ac,'e,~:sement I ~/ Other: ID,splay Adv.. locatIon, e:c ~ Originating DeptJ'Div: Trans2ortationtPublic Works Person: R~ck Gr~gg Date: (Sign cleady) 1~, ,.-J.,.- f~ ~ ,.~.. f_ Petition No. (If none. give brief description): AV 98-011 Petitioner: (Name & address): Vineyards Development Corporation, 98 Vineyards Blvd. Naples. FL 341 lg lqame & Address of an'/person(s) to be notified by Clerk's Office: See List of Adjacent P,o:ert,/Owners (If more space needed, ar, ach separate sheet) Hearing before: lYJ ECC ; / BZA / /Other Requested heanng date June 23. 1998 Based on advertisement appearing 15 days before hearing. Newspaper(s) to be used (Complete only ,f important /X/. /X/ Naples Da4y News or legally recurred/X/) / :' Other Proposed Text: (Include legal description & common locations & size): PETITION AV 98-011 TO VACATE THE 12' WIDE LAKE MAINTENANCE EASEMENT ON LOTS 1 THROUGH 4 AND ON LOTS 8 THROUGH 13. ACCORDING TO THE PLAT OF 'TIERRA LAGO". AS RECORDED IN PLAT BOOK 24. PAGES 20 AND 21. PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. Companion petition(s). ~f any. & proposed hearing date: Does Petition Fee InctuCe Advertising Cost~ Yes/X/ No .'--." If yes. what accoun: s~ou'.C be charges for advertising costs 101-163610-649100 ::;; ................. ..................... .................... Division Head Ed Ilschner County Adm,nistrator Robert F. Fernandez List Attachments: (1) Resolution (2) Legal Description (3) List of Adjacent Property Owners DISTRIBUTION INSTRUCcTIONS_ Ao For hearings before BCC or BZA: Initiating person to complete one copy and obtain D,vision Head approval before submitting to County Manager. Note: If legal documents is involved, be sure that any necessary_ legal review, or reauesl for same. is submitted to Coun~ Attorney before submitting to County Manager. The Manager's Office w:ll distribute copies: B. /X/ County Manager agenda file; IX/ Requesting Ow,sion; IX/ Original to Clerk's Office Other he~fi0gs: Initiating O,vision Head to approve and submit original to Clerk's Office, retmmng a copy for file. FOR CLERK'S OFFICE USE ONLY Date Received Date Advertised Dat~; of P H, cover) llilillillliiliilillliilililililllillilililllllllllllllii, illlli ~ HO. ] 2S3-48~ ,ilililllillliliilillliillllillililililllllillililllllillliiilil FROH: ELLIE HOFFJ~L~ -HIHU~S & REC0~DS LO~XOI~: Collier CounT COUP:house ~ No: (813} 77&-SA08 ~,]~o~'~o.. (8].:3) 77~4-8~40G I,,, Time sent: May 19, 1998 Ms. Judith Fianagan Naples Daily News 1075 Central Avenue Naples, Florida 33940 Re: Notice of Public Hearing to consider Petition AV-98-011 Dear Judi: Please advertise the above referenced notice one time on Sunday, June 7, 1998, and again, on Sunday, June 14, 1998. 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. 800835 NOTICE OF PUBLIC HEARIIIG Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on TUESDAY, JUNE 23, 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 AV-98-011, Michel Saadeh, of Vineyards Development Corporation, requesting the vacation of a 12' wide lake maintenance easement on Lots 1 through 4 and on lots 8 through 13, according to the plat of "Tierra Lago', as recorded in Plat Book 24, Pages 20 and 2i, Public Records of Collier County, Florida. 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 CObTiTY COMMISSIONERS COLLIER COUNTY, FLORIDA BARBARA B. BERRY, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Ellie Hoffman, Deputy Clerk (SEAL) Dwight E. Brock Clerk County of Collier CLERK OF THE CIRCUIT COURT COLUEIt COUh'IY C04JOTh'OUSE 3301 T,~,41~,41 T~I,~. E~ N~S FL~A CII~C UIT COUi~T COUNTY COUl~t COUNTY ~ECOI~DEI~ CLERK BOARD OF COUNTY COMMISSIONERS May 19, 1998 Re: Notice of Public Hearing to Consider Petition AV-98-011 Dear Property Owner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, June 23, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, June 7, 1998 and again on Sunday, June 14,1998. You are invited to attend this public hearing. Very truly yours, DWIGHT E. BROCK, CLERK / Ellie Hoffman, Deputy Clerk Enclosure May 19, 1998 Mr. Michel Saadeh Vineyards Development Corl~oration 98 Vineyards Blvd. Naples, FL 34119 Re: Motice of Public Hearing to consider Petition AV-98-011 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, June 23, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, June 7, 1998 and again on Sunday, June 14, 1998. You are invited to attend this public hearing. Sincerely, Ellie Ho~ ~man, Deputy Clerk Enclosure COASTAL ENGINEERING CONSULTANTS INC TIERRA I.,AGO 12' LAKE: MAINTENANCE EASEMENT TO BE VACATED DESCRIPTION Ali of that part of the 12' wide lake maintenance easement lying in Lots I through 4 and Lots 8 through 13 ot' Tierra Lago as recorded in Plat Book 24, Pages 20 and 21 of the Public Records of Collier County, Florida. COASTAL ENGhNEEKING CONSULTAN'TS, INC. FLORA BU~~UTHORIZATION NO LB 2464 Richard J. Ewin~. V;P. ~ Professional Surveyor and Mapper Florida Cenificale No. 5295 NOT VALID WITHOUT THE SIGNATURE A,ND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER CEC FILE NO. 97.283 DATE: 4-~" ?~ 2~'?..~ "C':~EE-~E DI~rlE · NAPLE~ FLO~F, 3;. 24104 · ('c41)643-2~24 · F,~,X f941)643.1 I,:.3 I 2 3 4 6 7 8 9 22 23 24 25 26 27 28 29 30 31 32 33 34 RESOLUTION NO. 98- RESOI.I,'TIC)N fOR PF, TITION AV 98-011 TO %\CATE TIIE 12' WIDE LAKE MAINTENANCE EASEMENT ON I.()TS I TIIROIJGII 4 AND ON I.OTS 8 TlfR¢)I;GIi 13. ACCORDING TO Till-; PLAT OF "TIERRA I.AGO". AS RECORDED IN fLAT BOOK 2,1. PA(iES 20 AND 21. PUBLIC RECORDS OF COI.LIF. R COI JN'I Y, FLORIDA. WtIEREAS. pursuant h) Section 177.101. Florida Statutes. Michel Saadch. of Vineyards 10 Development Corporation. docs hercby request the vacation of the above-described easement: and 1 I W}IEREAS. thc Board has this day held a public hearing to consider vacating said easement as more 12 full,,,' de",cribed beh)w, and notice o£said public hearing to vacate was given as required bv law: and 13 WIIERF. AS. thc 8ranting of the vacation will not adversely aft'cc! thc m,,ncrship or right of 14 convenient access of other property owners. 15 NOW. TIIEREFORE. BE IT RESOLVED BY TIlE BOARD OF COUNTY COMMISSI()NERS OF 16 COLLIER COUNTY. FLORIDA. that the following be and is hereby vacated; 17 See Exhibit "A" attached hereto and incorporated herein. 18 BE IT FURTHER RESOLVED, that the Clerk to thc Board is hcreb.~ directed lo record a certified 19 cop.,,' of this Resolution in the Public Re~ords of Collicr Count)'. Florida. and to make proper notatimx ofthis 20 vacation on the recorded plat as referenced above. 21 This Resolution adopted after motion, second and majority vote favoring same. DATED: ATTEST; BOARD OF COUNI Y COM Nil SS I( )N 1.~ R S D\VIGtlT E. BROCK. Clerk COLLIF. R COUNTY. FLORID:\ Approved as to fi)rm and legal sufficiency: .e,"dfK X(h - Assistant County Attorney IIY: BARB:\RA B. BERRY. Chairman ~ ~ /' TIERRA LAGO WAY E..=.l TRACT "A" ~ ~) / i;H',i',A~;t': '.T:;.;TY AN;' ~ ~ Ct.U*,:",' L*:!.::'~' ~: t:.------ .... ' . "" , ~. oi F':', "z- ADJACENT PROPERTY OWNERS Lot 5 G[oda Carbone 906 Ti~rra Lago Wa>' Naples FL 34119 Lot 6 John & Joan Lovello 902 Tierra Lago Way Naples FL 34119 l.ot 7 Robert &. Gisela Rowley 901 Tierra Lago Way Naples FL 34119 Lot 14 John & Carol Curran 929 Tierra Lago Way Naples FL 34119 Lot 15 Donald & Margaret Garrett 4933 North Tamiami Trail #300 Naples FL 34103 Lot 16 Lisa Zack 937 Tierra Lago Way Naples FL 34119 Lot 17 Garry & Lisa tlavens 941 Tierra Lago Way Naples FL 34119 Lot 18 Victor & Carmen Bacigalupi 945 Tierra Lago Way Naples FL 34119 i. 2C2. I~pLes, FL 33~&0 Aff~c:Levt~ of Pubtt~tion Had)Les Da~Ly Nev~ BOA~D Of COUNTY CO/~ISS%Ot4E~$ ATTN: N&HCY SALGGU~ PO BOX FL~FLES FL REFERENCE: 001250 5~50 NOTICE OF I~IC IdEA State of FLorida County of ColLier 8~fore the ~nderstg,'~ed ~uthortty, personally appeared ~eta Bryant, ~ ~ ~th lerve~ il As~tst~t Secretary of N~t, I ~y ~r ~h~ CoLLier C~ty, FLort~: t~t the ~ttac~ c~ of ~vertist~ ~8s ~tts~ tn said ~s~r ~tel Xffi~t further says t~t t~ said ~tes Dairy Cottier C~ty, FiordS, K t~t ~l~r ~ ~retof~e ~ ~t~ tn gtd Cottler C~ty, FtorJ~, ~ ~ ~s ~ ~ter~ as sec~ Miter It the ~st off~ce *n ~te~, Cottier C~ty, FiordS, for a next prec~t~ t~ f~rst ~t~catt~ of t~ attach~ c~ of ~verti~t; ~ ~fft~t further ~y~ t~t ~ ~ ~elther pr~tl~ ~y ~r~, f~rm Or c~rat$~ dtsc~t, re~te, c~t~ or ref~ for t~ ~r~e of securt~ this ~verti~t for ~ttc4tt~ tn t~ sltd P~JO~ISHED o,: 06/07 06/~4 AD SPACE: 53.000 INCH FILED 0~: 06/15/98 Signature of Afft~t ' ' ' /' ' ' ~' '~ ' '/'/'/'/' ' ' S~rn to ~ ~scri~ ~fore ~ this ,~; ~y of .,'c,:. 19~f' 0110 NOT~CE O~ ~, ~a F~, ~ ~ Tr~, ~ T~ ~ ~1 c~ ~e~L~ I ~d~ore- eOAkO OF COUNTY CO~S CO~LIE~ COUNTY, FL~DA BARBARA B. BERRY, DW;GHT E. BROCK, ~K ~/s/~~ ~7, 14 ~. 121~1 · 2 RE.~OI.i~TI¢~N NO. 91%._.233 RLS()I.IJTION FOR PF. T1TION AV ~8-11! I ro \'ACA'! IL TIlE 12' %','1I)1( I.AKI xlAIN'iENANCE EA.',;EMENI' ON I.O'iS I TIIROI;(ill 4 AND ()N I.tH~ ,~ 'HIROI.'GII 13. ACCORDING Tel file PI.AT ()!: "TIERRA I,A(~tY'. :\% RI.~£'ORDI-~D IN PLAT BOOK 24. PA(iES 20 AND 21. PI/IH.IC' RhC()RI)~ ()l ('t)I.IJER CO! YNTY. FLORII)A. %VIII.RI:Ak;. pursuant Io .Section 177.1¢)1. Horida Slatule~,. Michel Y,a;,dch. ~,I Vim:x;~rd~ I)e~.cJ(,pmcnl C'orp~rali(,n. does hereby request Ibc ~.acali,m of the abox ¢-(lu~,cribed ea~¢mcnl; and ~;.'11f.RI:A'S. the Board has this day held a public ]]caring l~ c<m~idcr ~ acadng haid casement a~ more t'ulk de,cri~'d bclo~, and notice or,id public hearing h~ ~ acalc ~a~ given a~ required b~ la~: and X~'III'.REAS. the granting of the vacation will not adversely afl,ct thc ox~ncr~hip or right of con~ chichi acccs~ of other pro,ny m*ners. N¢ F~','. IIIEREFORE. I]E IT RESOI.VF.I) IF¥ IIIE B(}ARI){iF ('(}1 N'IY ('(}MMIS~I(}NEI{~ COI.I.II~R ( (~1 N I Y. FI.(JRIDA. that thc lbllo~ing ~. and is herch~ ~acatcd: See Exhibit "A'* attached hereto and incorpornlcd hereto. BE H FI RTIIER RESOLVED. that thc Clerk Io thc Board is hereby directed 1~ record a certified cop5 ~,[ thi~ Rc,olution in the Public R~ords ofC'ollicr C'ounb. I h,rida, and h, make proper mm~lion of fhN vacation on the recorded plat as refer~c~ a~e. 'l Itl,, l,~c,,olution adopted after motion, second and rnajorib ~ otc thvoring A'ITF..~T: I)WIGIH F.. IIR(K'K. Clerk .;tgn~tt;re 0nil. Approved as to lbrm and legal suf'licicnc ~' I Icidi F. As~Jsl~nl Count) Attomc~ .3 7439 OR: 2433 PG: 3431 !IT COASTAL ENGINEERING CONSULTANTS INC OR: 2433 PG: 12C 2 3432 TIERRA L.s, G O 12' LAKE MAINTENANCE EASEMENT TO BE VACATED DESCRIPTION Ali o£that part of the 12' wide lake maintenance easement lying in Lots 1 through 4 and Lots 8 through 13 of Tierra l.ago as recorded in Plat Book 24, Pages 20 and 21 of the Public Records o£Collier County, Florida. COASTAL ENGINEERING CONSULTANTS, INC. FLOR~UTItORIZATION NO. LB 2464 Richard J. Ewin~. V.P. Professional Surveyor and Mapper Florida Certificate No. 5295 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER CEC FILE NO. 97.283 DATE: 4-?' ?{5 OR: 2433 PG: 3433 12C Z 0 TIERRA LAGO WAY TRACT "A" ZI CREDIT :D DEBIT Acct./Number TRANSFER REFUND Local ZI National Zl Classified ~Legal [ Ad Date Size Rate Error Description DATE $~m~ Ten'itory Debit JUN Z a I~.~.' Salesman I Creditt ;Rerun Approved by Oct.2~ '~ 12:[0 COU,JEJI COUNTY PU~4JIHINQ CO. P. o. lOX Nj,et.fL IrLO lllOA PHONE 262-3111 DATE 6/'//98 IN ACCOUNT WITH 1230 Board of County Commissioners Attn= Nancy Salogub ~d ~ ~22303~'-- ~etition~.. CC$L-98-3 ! insertion ;';o'.-; Nancy d originally b~lled to Young ave been billed to BCC. Bet ent original affidavit to Ma 8AI. ANCE FORWARD , Van Asse sy at Youn Judi Naples Iderp. Van atly News LAST AMOUNT IN THIS COLUMN I$ THE IIAIAN CE DUE 98.88 ould ;enderp NAPLES DALLY NEWS Publisl~:d Dail} Naples. FL 3394o Affidavit of Publication State of Florida County of Collier Bcfore Ihc undcrsigncd II)c:,.' scn¢ as Ihc aulhori(}, pcrso,all.~ appcarcd A_n~c_I:!.~D,,lnl ~tlo on oalh ~l.ss Ihal II~.' s~rxc ,as Illc ASslslan_l__~rcla~ of ~lm Naples D;ul}. a ~lil.s ncxssp~pcr publisl~l al Napl~. m Coihcr Florida. lhnl I1~ alh'K:l&'d COI~' of I1~ ndxcrl]s]ng, being a RL;BLIC N()i iL'[ iii ~l~c nuaucr of PETITION CCSL-g8-.~ x~as ~lbhql~:d in q']ld ncssqpap~r I Im&~ In I1~ iqgl~.-q slatting on n6'(]?,',)~( and ending on Sssorn Io and subscribed Ix:fore Ihis 23rd da} ofOct. 1~)8 , (SJ~natur.,C'ofnolar) public) ~- Pcrsonall~' kno,,sn X Produccd idcnlJficalion T} pe of idcntificalion Prnduced. NOTICE Of: PI. J B4. IC Ft~.A R i N G ~(:e Is n~et)y g~ven h ~CO~i~, will ~1~ ~ TUE~A Y C~, ~J E~t T~' T~ m~ will ~ A~ ~ T~n E~ a ¢~ ~7 V~ ~ E~ ~m. Persons wl~lng to O m~m~ ~ ~o ~ C~ ~lc ~i~ ~ ~1- ~ r~ ~e ~ o v~m Cl~s ~e tesfl~y eyre ~ O OF COUNTY COUSCOUS COLLIER COUNTY, ~L~A BARBARA B. DWIGHT E. BROCK, C~RK ~c~ .... 17-- ......... iiii ........ I II I ,'774~408 P. 01 12C3 (941! .774-940f~ P.t~I JUti 4 '9;:3 .4:$2 ,m___.05./04/08 1~:15 .m:'A.i, 1~41g43~¥g"~ PAGE. O0 1 1 FE~I'TI'IO~ CC~L=9~-3, ~O~HF..R O. WRIGHT, l~.~- OF F'WA L-NC., I~..PR~[NTI~G 'I'fl]: TWI1,K F.A~;LI~B B~.KZI~ AMI:) BAY CLUB~ R~Q~ A COASTAL COF~"I'RUCTION S~;'t'BACK LIlq~; YARIA~CE TO ALLOW FOR CONSTRUC~OI'~ OF A 1'OO1. AND DF~,, BATi~OU$~-., ~ FOOD SKRVIC'I~ B-d'ILDI~C~ AN~ ~RIVACY wALI~ LOCATED AT ~ GULF LOT 4, BLOCK A, CONN'gRS YAFO)ERBIL'~ I~ACH F..STAT~ UlqTr NO. ],,.~KCTIOF~ 37., TO~~ 4~ 8OUTH, RA.~IG~ ~S F. AST, COL~ COUN'I~, FL. Fax No~e 7671 TOTAL PAGE.O01 ** 12 3 NOTICE OF PUBLIC h~ARI~3 Notice £s b~_r~ given that the ~o~rd of County Co~r~isston~rs of Collier County. wi1! hold a public hearin~ on ~Yl J~. 23~ .1998, in the Boa. rdrocm, 3rd Floor. Adm/~_istratlon Building, CoXller County ~ov~rm~ent Canter. 3301 Ea~ Tan/~mi Trail. Naples. Florida. The ma~tin~ will be~in at 9:00 A.M. The soard will con~i~.r P-tition CC~L-9~-3, Christopher O. WriGht, P.E.. of ~A inc.. requeetin~ & costal con~truct£o~ set. back lime variar, ce to allow for con~truction of a [~ol bu£1ding, and privacy walls, loc&t~d at 9467 Gulf b-'bore0 I~L ~, Block A, Co.nn~r= Vandarbi~t Beach E~tates Unit No. 1, section South, ~,gc 25 East, Collier Ccus=y, Florida. w~: Ail permo~s wi~hlmg to speak on any agenda i~em m~t r~lster to ~ a~ress~. I~ivld~l speak~s wil~ ~ li~t~ to 5 m~utus om any it~. ~ ~el~tion o{ ~n ~vidual t~ ~k ~ ~half o~ an ~ak O5 ~ it~. Persons wishing to have written or graphic materials included in th~ Board agend~ ~acke~ mu~t submi~ said material a minimum of 3 wee~ int~d~ to ~ co~i~r~ ~ ~e ~ s~ll ~ su~ltted to ~= ~ro~rfate C~ty ~aff a ~ni=, 0f seven ~ p=io= to. the hearing. All ~terial u=~ i~ pr,s~ta~io~ ~foxe ~e Boar~ ~cO=~ a ~e~~t ~ Ot the Any D etlon who de~lde~ tO apV~al a decision of D:~ Board will need a record of the I~roce~i~gs pertaintn~ to ~e that a re. tim r~ozd of th. pT~eedings Is =n~, which record inclua., ~sed. BOARD OF COO~TY CO~MI$$IONERS COLLIER ~, FLORIDA ~,~ICWP Z. BROCK, CL~K By: /=/Ellie F. off~an, De-~uty Clerk (SEAL) 3t~-~4-199~ 16:16 Il I I I iL Il Il Naples Da~ty Nays Naples, FL 3394,0 Affidavit of eubttcatfan Naples Daily Ne~ YOUNG, VMIASSENDERP, VARMAOOE PO BOx 7907 NAPLES rL 3~.105 REFERENCE: 01&56/. 5770~8~'J ~OTICE OF PI~LIC HEA State of FLorida County of Collier Before the undersigned audx)rity, personalty appeared B. Lash, My) on oath says that she serves as the Assistant Corporate Secretary of the Naples Daily Ne~s, a daily newspaper published at Naples, in Collier County, FLorida: that the attached copy of advertising vas published in said ne~spoper on dates Listed. Affiant further says that the said Naples Dally Collier County, FLorida, a~d that the laid newspaper has heretofore been continuously published in said Collier County, Florida, each day end has been entered as second class nail imtter at the post office tn NapLes, in CoLLier County, FLorida, for a period of 1 year next preceding the first publication of the attached copy of edverttseeent; a~d affiant further says that she has neither paid nor praised any per~on, firm or c~ratt~ discount, rebate, coemisston or refund for the ~rpose of securing this ~verttseM~t for l:Rd:)ltcatton in the said PUBLISHED (~: 06/07 AD SPACE ~ FILED Signature of Affiant ' S~orn to end Subscribed before ae this PersonaLLy known by . -/ 'Z~ day of ,'/)r.. NOTICE O~ IC~JB4. lC H~ARING h~ttce Is t~,ret:~ given Cema, 3~1 E~t T~ mi Tr~, ~t~ F~ T~ ~d ~. c~ L~ a, Bilk ~ C~s V~ ~h Est~ 2~ Emi, C~I~ C~, ~ f~ o ~ ~ ~. ~to~ ~ Per so~s wls~lflg to o m~ ~ j ~s ~ C~ t~ a ~ ~d ~ ~ o r~ e~e ~ ~h ~ O OF COUNTY COM~S~s COLLIER COUNTY, FL~OA BArBArA B. BERRY, CHA~ DWIGHT E. BROCK, CLERK 12C3 ,.? FAX NO: (941} 774-840. PHONE NO: {941} 774-8406 Cot tier C~u'~, IEaL~ST FC~ LEGAL ADY~ITISIwC; CXc P~ELIC 7o: Clerk =c t~e Be~mrx~: PLease pi~e lhe fotl~i~ ~ a: ·? (Otsotzy ~., L~zti~, etc.) Envi ronm~ntal Services Na~les, Fla. 34104 C~ Petiti~ f~ i~L~ ~isi~ ~t? T~ ~ NO ~/ If ~, ~ic ~c~c shard ~ cnarg~ Ofvtsi~ Ne~ - OIte ., ~ ~ Date A. ?~ beeries ~f~ ~ ~ ~: lnitlltl~ ~r~ to c~ete ~ c~ ~ ~cJin Divisi~ He~ I~l[ ~f~e ~t fo~ ~, is ~ to C~ A~ ~fo~e ~tti~ to C~ ~,. The ~r's Office .itt distri~e ' : / / C~ ~ m file; ~ I~ti~ Oivisim; / / ~tgiMt to CLerK's Office NOTICE OF PUBLIC HEARING ~;otice is hereby given that the Board of County Co~missioners of Collier County, will hold a public hearing on TUESDAY, JUNE 23, 1998, in the Boardroom, 3rd Floor, Administration Building, Collier County Govermment Center, 3301 East Tamiami Trail, Napie£, Florida. The meeting will begin at 9:00 A.M. The Board will consider ?etition CCSL-98-3, Christopher O. Wright, P.E., of R?TA inc., representing the ~,;in Eagles Reach and Ray requesting a costal construction setback line variance to ail~w for construction of a pool and deck, bathhouse, limited food service building, and privacy walls, located at 9467 Gulf Shore, i,ot 4, Block A, Conne~o '7anderbi~ Beach Estates Unit No. !, section 32, Townshio 48 South, Range 25 East, Collier County, Florida. NOTE: Ail persons wishing to speak on any agenda isem must register with the County a~ministrator prior to presentation cf the agenda item to be addressed, individual speakers will be limited to 5 minutes on 1 ...... The oe~ection of an individual to speak on behalf of an any '~ - ' 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 >:ill 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 CO~4ISSIONERS COLLIER CO.U:;TY, FLORIDA BARBAP~A B ~=: ~',' CHA I P24A2~ DWIGHT E. BROCK, CLERK By: /s/Eilie Hoffman, Deputy Clerk (SEAL) 1203 PETITION CCSL-98-3, CHRISTOPHER O. WRIGIIT. P.E. OF RWA INC., REPRESENTING THE T~VIN EAGLES BEACH AND BAY CLUB; REQUESTING A COASTAL CONSTRUCTION SETBACK LINE VARIANCE TO ALLOW FOR CONSTRUCTION OF A POOL AND DECK. BATtIHOUSE, LI,~IITED FOOD SERVICE BUILDING. AND PRIVACY WALLS. LOCATED AT 946'/GULF SHORE, LOT 4. BLOCK A. CONNERS VANDERBILT BEACH ESTATES UNIT NO. 1.SECTION 32, TO'~VNSHIP 48 SOUTtl, RA~NGE 25 EAST. COLLIER COUNTY, FL. 12C3 '" June 5, !998 ~4r. Chris Wright, P.E. RWA Inc. 213 Airport Road Naples, FL 34104 Re: Notice of Public Hearing to consider Petition CCSL-98-3 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, June 23, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, June 7, 1998. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure June 5, ~998 ?win Eagles Development Co., LTD 4.999 Tar, iami Trail North, Suite 301 ~,~aples, FL 34103 Re: :.;otice of Public Hearing to consider Petition CCSL-98-3 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Com,~issioners on Tuesday, June 23, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, June 7, 1998. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosu~_ NAPLES I)AII.Y NEWS P.blished Dads Naples. FL 31940 Affidavit of Publication State of Florida County of Collier L~cforc Ibc ufldcrsig.cd Ihcy scnc as Ihc a.lhorll.s, pcrsomlll.,, app,.~lrcd e,~!!gc_l_n_i3_r~ ;i.! ssho oil oalh ~15~ Ilml II~D. Knc ;~s (he Assislanl Secrcla~' oflh¢ Naples [)ail). a daik .o~sp:qxr published al Napl~. in Collier Cou. I). Florida. ~ll;l| Ih¢ allacl~! COl~.' o1' Iht achcni.~i.g. I~i.g a _P.u. bli_s.c N__o~!cc _P~/B LK~'J!E ~R ! ~O in Ibc ma.er of CCSL 98 3 ss,as published m said .cssspapcr I stoning on 6/7/98 and ending on limc~ ill Ihc iSSIK: nad Sssorn to n.d subscril~:d bcrorc mc (his 14TIt ~x or nee 1~)8 ( ~Si.~matt~ of .olan,.' public) Pcr~oilall~ k.oss. X Produced Idcllll fic;itJO. T.spe of Idcnulic;,uo. Produced. NOTICE P~J~t.~C HEARING ~s~s ~ ~1~ ne~g ~ TUE~AY JU~ ~, 1~, In ~, ~, 3~I Emt T~ T~ ~ will ~ A.I~ T~ ~d ~ ~ C~_r~ L~ 4, 8~k A, 25 Emi, Cali~ C~, F~. NOTE: ers will ~ ml~ ~ Dy ~ ~ O ~. Persons wishing fO ~n~ ~ket5 ~ to ~ c~ s~ a m~ ~ ~ r~ ~e ~ 0 ~ ~, ~h re~d D OF COUNTY COM~S COLLIER COUNTY, FL~OA BARBARA 8. BERRY, CHARON DWIGHT E. BROCK, C~RK ~c~ RESOI.UTION NO. 98- 235 RESOI.UTION APPRO",'ING PETITION CCS1.-98-3. REQUESTING A VARIAN('E FROM Tile COASTAl. CONSTRUCTION SETBACK lANE (CCSI.) TO AI.I.¢)W TIlE CONSTRUCTION OF A POOl. AND DECK. BATiIiIOUSE AND IAMITED FOOD SERVICE BUll.DING, PRIVACY WAIA.S AND WOODEN BOARDWAloK, AT l.OT 4. BLOCK A, CONNER'S VANDERBILT BEACil ES'FATES UNIT NO. i. SECTION 3,2, TOWNSIllP 48 SOUTll. RANGE 25 EAST, COl.l.lER COUNTY, FI.ORIDA. WIIEREAS. Christopher O. Wright. P.E., of RWA Inc., representing Twin kagles Development Company, inc., as owner of Thc Twin Eagles Beach and Bay Club, requests a variance from thc Coastal Construction Setback I.ine (CCSI.). as required by Ihc ('oilier County Ordinance 9 I- 102. Division 3.13 as amcmlcd, to ~dlow fi~r the o,nstrucmm ora pool and deck. bathhouse and limited fi~od sen'icc building, privacy v, ails and wooden boardwalk (Sec Exhibit A); and WtlEREAS, the proposed construction is approximately 90 feet seaward of the CCSk and will be no more seaward than thc adjacent existing structures, except the ~ oodcn boardwalk which will extend approximately 134 feet seaward of the CCSL; and ~VilEREAS. the petition is consistent with thc ('oilier County i.and Development Code. Division 3.13; and WIIEREAS, the request is consistent with Objective I 1.4 of the Conservation and Coastal Management Element of the Collier County Growth Management Plan; and ~VllEREAS, Ordinance 91-102 Section 3.9.6.6 requires rcmoval and maintenance for prohibited exotic vegetation. NOW, TIIEREFORE, BE IT RESOI.VED BY TIlE BOARi) ¢)F COUNTY ('O.M.MISSIONERS OF COLIAER COUNIY, FLORIDA. that: Variance Petition CCS1o-98-3 be approved subject to the following stipulations: 1. All proposed improvements shall be designed in accordance with the standards of thc Florida Department of Environmental Protection (FDEP) Division of Beaches and Shores and an approved FDEP permit shall be obtained, and copies provided, prior to issuance ora Collier County Building Permit. Construction activities shall not occur within one hundred (100) feet of thc sca lurlle nesting zone. defined by Collier County Land Development Code Division 3.1(I. between May I - October 31, sea turtle nesting season, without first submitting and obtaining FDEP and Collier County Construction in Sca lurtle Nesting Area Permits. Petitioner~hall notify C'urrcnt Planning Environmental Staff one wcck prior cmnrr, cnciffg work seaward of the ('CSL and shall again contact Y, taff within one ~,.c,.k following completion of work scax~ard of the CCSIo. Outdoor lighting associated with construclion, or development within three hundred {30~) feet of thc high tide line. shall he in compliance with Division 3.10 of the ¢'ollier County Land Development Codc. 5 Petitioner shall ulilize only nalivc coastal dune vcgctation for all on-site landscaping beyond the 1974 Coastal Construction Control Line. Petitioner shall re-vegetate the beach immedialcly scav.'ard of the existing sca wall with coastal dune vegetation. The re-vegetation shall be completed, according to a plan submitted to and appro ed by Collier County Current Planning Environmental Staff. prior to the issuance ora certificate of Occupancy. 7. Petitioner shall install appropriate signs in thc re-vegetation ama indicating that beach users are requested not to intrude into this re-vegetation area. Petitioner shall rcmovc all exotic vegetation from thc subject properly m accordance with Section 3.9.6.6 of the Collier County Land Development ('ode. Minor revisions to Coastal Construction Setback Line Variance ('CSL-98-3 ( including changes in siting and structures) ma)' be approved, in v. riting, by thc Planning Sera'ices Dircctor or his/her dcsigncc. This Resolution adopted after motion, second and majority vote favoring same. DONF. AND ORDERED this : day of -..,: .~, _. 19')8. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA I)ATI!: ..... ,.\ I"I I(ST: I)WIGItT E. BROCK. Clerk 3 Approved as to Form and Legal Sufficiency: 1.,, / ;? ;L~Lf Ileidi Ashton Assistant County Attorney 12C ~ EXHIBIT "A" i I " -:' '-"T",'hN E.~_ ~7_LOPMEN[ bOMPANY, *NC. =, - - -¢ ,,,,, 'filTH SETBACKS '"~""*"~"'"' :X!ST;NS ~.,.,.:. AND 50' SETBACK · .u,,~ ... ,.,.,.,..,,. 9 7-01 76 I EXHI8~ T "C" DONALD A PICK~OR'I'tt PA O02 June 2, 1998 Via f~x Christopher O. Wright, P.E. 2!3 South Airpor~ Road Naples, Florida 3-~10a Re' Twin Eagles Beach Club; stipulations Dear Chris: This letter is a follow-up to our conversations last week. I have discmssed the prouosed stipulations with my clients and they have requested two additions. The first, which we discussed, is a condition that should read as follows: "Beach chairs, umbrella, cabana, and similar de~-ices supplied by thc club shall otflv be used on the beach in front ofthe club, defined as thc beach area within the area enclosed by the prope."ty lines of the club, extended to the edge of the water." The other stipulation, which I did not include in the previous draft, but which was discussed and agreed to at our meeting, is the following: "There shall be no personal watercraft or per':onal sailboats (HoNe Cats and the likei allowed on the beach side" Pica.se include these in the sfipulimons. If you have any questions, please call me. cc: LarD' Salters Carol Wright Collier County, FlorJd~ 11/Z8 / 8A - S~O To: Clerk to the Bo4r~: lZ~X.Xl Norm.mt L~at Petitio,~ No. (If ~, g~,,~ t~ief o,tscriptio,'-~): ~eti~,o~.?: (,,,.,e &.,.~:ress): Fen Pine_=,_'. Emer_~enc? :danagamorlL 3301 E. Tamiami Trail Naoles,Fla. 34112 ~,~e & nOdres$ of a~y ~r-son(s) :: ~e retified by Clerk's Office: (if ri:re sO4ce r~e.-.~e,J. ~::a~n s~_.l:ate f~t) ~ev~a:>e.r(s) t: be. ~.~e.:: (Co~ote:.- c, qty if iq:,oetant Z--"--7, ~r~cr7 #aOles OaiLy Ne~,s or legally re.3~red / ,) 1'"-"7 Other Test: (~?',cl~)e le.'~t o~,~:3'iptlo,~ & ~ idealism & size): P~t (See attached Ordinance) petition(s), if k?f,, & ~-~-,.-~,d hearing dlte: toes Petition Fee incluc~ ~ising Cost? Tes ~ No ~ If ~, ~zt ~c~t shard ~ chzr~ for ~ertisi~ costs: (]01 144210 649100 .- Oivisi~ ~e~ Date ~ ~. Date List Attainments:(1) For hearfr~js before 8C: or [;Z~: Initiating person to complete one ~ end obtain Oivisio~ ~ead ~pravat befm'e suE:mitring to C~...r~'y~4mnm3e~?. ICl{: If Iqal ~ t~ i~(~, ~ ~e that ~ ~ I~at r~i~, or r~t fo~ ~, is ~ tO C~ att~ ~f~e ~tttt~ to C~ ~r. The ~r's Office dtstri~e c~i~: / / Cou~t'y #~mge~ ~genc~ file; ~ leclu~stlng Oivlston; /'----7 Oeigirdt to CL~'s Office (~nclud.tn~j cove=) 12C4 111111111 i I I ii i il i1111111111 i i 11 i i 111 i i111111111111111 i i 1.111 ili 263-4864 !iliililillllillllllli[ilililllllllillillli'i'iillli;llllillilil LOCATION: Collier County Courthouse FAX: PHONE' NO: (813) 77~s-Sa08 (813) 774-8406 ~ 10:44 15:22 · 8?4 ~5--21 [ 15:44 ~817 [ ~~A15 ~~14 May 20, 1998 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 33940 Re: Notice of Public Hearing to consider a Post Disaster Recgvery Ordinance Dear Judi: Please advertise the above referenced notice one time on Sunday, June 7, 1998, and kindly send the Affidavit of Publication, in duplicate, together with charges involved this office. Thank you. Sincerely, Ellie Hoffman, Deputy Clerk Charge to Account No. 001-144210-649100 12C to i2C4 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUF~qDAY, JUNE 23, 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: ~40RDiN~;CE CREATED TO MANAGE RECOVERY RECONSTRUCTION AND MITiGATiO:; ACTIVITIES FOLLOWING A r4AJOR OR CATASTROPHIC DISASTER WITHIes; THE ~'~INCORPOP~TED AREAS OF COLLIER COUNTY, FLORIDA; PROVIDING FOR THE PURPOSE AND INTENT OF THE ORDINANCE; PROVIDING FOR JURISDICTION; PROVIDING FOR DEFINITIONS, PROVIDING FOR PRIORITIES FOR POST-DISASTER REDEVELOPMENT, PROVIDING FOR ESSENTIAL SERVICES ~;D FACILITIES RESTORATION; PROVIDING FOR DEBRIS CLEAP~2~CE, REd,OVAL ~D DISPOSAL STRATEGIES; PROVIDING FOR DETE~4INATiO~; OF D~4AGE; PROVIDING FOR THE I:4PLEMENTATION OF AN INITIAL BUILDING r~OP~TORI~4 AND ESTABLISHING RELATED MARATORIA PERTAiHI~G TO BUILDI~.;G PE~4ITS, D~ELOPMENT ORDERS AND SITE PLANS, PROVIDI:;G FOR ~4ERGENCY REPAIRS; PROVIDING FOR AN E~4ERGENCY PE~4ITTING SYSTEM; PROVIDING FOR AN EMERGENCY REVIEW BOARD; PROVIDING POLICIES FOR ECONOMIC REDEVELOPMENT; PROVIDING POLICIES FOR RED~;ELOPMENT OF HIGH HAZARD AREAS; PROVIDING GUIDELINES FOR ACQUIRING DAMAGED PROPER~f; PROVIDING FOR AUTHORITY; PROVIDING FOR PENALTIES; PROVIDING FOR CONFLICT AND SEVERABILITY PROVISIONS; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND PROVIDING FOR AN EFFECTIVE DATE. A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. 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:;T':' CO:,24iSSIO:,;ERS COLLIER CO~,~ :, FLORIDA BARBAP~ B. BERRY, CHAi~,LA/~ DWIGHT E. BROCK, CLERK By: /s/Ellie Hoffman, Deputy Clerk (SEAL) ORDLN/ANCE NO. 98- AN ORDINANCE CREATED TO MANAGE RECOVERY, RECONSTRUCTION AND MITIGATION ACTIVITIES FOLLO\VING A MAJOR OR CATASTROPHIC DISASTER WITttlN THE UNINCORPORATF. D AREAS OF COI.LIER COUNTY, FLORIDA,; PROVIDING FOR THE PURPOSE AND INTENT OF THE ORDINANCE; PROVIDING FOR JURISDICTION; I'ROVIDING FOR DEFINITIONS, PRO\"IDING FOR PRIORITIES FOR POST-DISASTER REDEVELOPMENT; PROVIDING FOR ESSENTIAL SERVICES AND FACILITIES RESTORATION; PROVIDING FOR DEBRIS CI.EARANCE, RF. MOVA[. AND DISPOSAL STRATEGIES; PROVIDING FOR I)ETERMINATION OF DAMAGE; PROVIDING FOR THE IMPLEMENTATION OF AN INITIAL BUII.DING MORATORIUM AND ESTABLISHING RELATED MORATORIA PERTAINING TO BUILDING PERMITS, DEVELOPMENT ORDERS AND SITE PLANS, PROVIDING FOR EMERGENCY REPAIRS; PROX'IDING FOR AN F. MERGENCY PERMITTING SYSTEM; PROVIDING FOR AN EMERGENCY RF. VIEW BOARD; PROVIDING POLICIES FOR ECONOMIC REDF. VELOPMENT; PRO\'IDING POLICIES FOR REDE\rELOPMENT OF HIGH HAZARD AREAS; PROVIDING GUIDELINES FOR ACQUIRING DAMAGED PROPERTY; PROVIDING FOR AUTHORITY; PROVIDING FOR PENALTIES; PROVIDING FOR CONFLICT AND SEVERABILITY PROVISIONS; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WIIEREAS, South,vest Florida and the Collier County area are vuh',erable to a ',ar;crv o," hazards which may result in major or catastrophic disasters causing substantial inju,'2: or harm to the population as well as sub.,,tantial damage to t,r loss of property, and \VI IEREAS, safeguarding the life and properly of its cilizens is an irmate responsibility of the Collier County Board of County Commissioners. and \VfIEREAS, Chapter 252, Florida Statutes, confers upon the Board of County Commissioners of Collier County the authority to declare a state of local emergency and take all actions necessan2, to ensure the safety and well being of its residents, visitors and their property during disasters caused by these hazards: and \V/IERFAS, Chapter 163 3177(6)(g). Florida Statutes. requires an element to the local government comprehensive plan for coastal management; and WIIEREAS, Section 163 3178(2)(h). Florida Statutes. atlbrds discrctkm to thc Board of County Commissioners to apply mitigatim~ and redevelopment policies to designated high-hazard coastal areas; and \VItEREAS, Section 163.3178(8), Florida Statutes, requires that Collier County idcnti~\, and prioritize coastal properties for acquisition according to criteria which ......... :.--- .::-', .'--~.~.;i~..~,~ ..,52,:':.1~_ ..:i~'_: 12C4 Wt{EREAS, the 1995 Florida Land Plan: (the .State Land Development Plan) - provides goals, objectives and policies in Priority Issue VI o Emergency Management - to reduce vulnerability and exposure of the public and public facilities to natural and technological disasters; and WtlEREAS, the Strategic Regional Policy ['lan of the Southwest Florida Regional Planning Council proposes goals and policies, which would require local governments to have effective risk reduction and recovery components in their emergency management program; and WHEREAS. the Board of County Commissioners of' Collier County Florida adopted the Growth Management Plan by Collier Count)' Ordinance Number 89-05 on Januar2,y I 0, 1989; and W}IEREAS, the Collier Growth Management Plan - Conservation and Coastal Management Element. Objective 13.2 requires Collier County to provide for planning and decision-making to guide redevelopment during the response and recovery period foIIov, ing major emergencies, such as tropical storms and humcanes; and WI tEREAS, the Collier Growth Management Plan - C.'onservation and Coastal ,Management Element, Objective 13.3 requires that the County establish and maintain post-disaster institutions and procedures to guide County actions following a natural or technological disaster; and WIIEREAS. the Collier Growth Management Plan, Conse~'ation and Coastal ,Management Element. Policy 13 3 7 requires that the Post-Disaster Ordinance will provide for enactment of a te~nporary moratorit,m on rebuilding not immedi~,tely needed for the public health, safety, and welfare to allow repairs to v, ater, power, fire. police, and medical facilities: debris removal: stabilization or removal of structures in danger of collapsing: and minimal repairs to make dv,'eltings habitable, and WHEREAS, the Collier Growth Management Plan. Conse~'ation and Coastal Management Element, Policy 13.3.7 requires that the Post-Disaster Ordinance implement the county buildback policy: and \VHEREAS. Section 125.01(t). Florida Statutes. provides the authority for the .......... t,' Con'.n:;~sioners o;' Col'.ic: Coun:;, : .. ordinances necessa~, for the exercise of its powers and to prescribe fines ant. ;' enaltics; i~ ' 2 V','ItEREAS, the Board of Count)' Commissioners of Collier County. Florida adopted Ordinance g3-20 on April 27. 1993. establishing the Collier Cot, nty Disaster Recovery Task Force, NOW. TtlEREFORE, BE IT ORDAINED BY THE BOARD Of" COUNTY CO.M3. IISSIONERS OF COLLIER COUNTY. FLORIDA: .SECTION ONT..; PURPOSE AND INTENT It is the intent of the County to identify opportunities to mitigate future damages through the management of recover), and reconstrtlction. To further this intent, the County will make every effort to develop its capacity to identify and coordinate various post-disaster recover), and reconstruction resources while at the same time ensuring maximum local control over the recovery and reconstruction process. Following a major or catastrophic disaster, sufficient time must be provided to conduct damage assessments, classify,, and categorize individual structure damage, and evalt~ate the effectiveness and enforcement of the existing building code It is fi~rther the intent of the County to allow rebuilding and reconstruction in an orderly manner by controlling the issuance of building permits, development orders a:~d site plans in order to manage the location, timing, and sequence of reconstruction .~nd repair. .SECTION Two: JURISDICTION This Ordinance applies to all areas within Collier Count)'. Florida under the jurisdiction of the (:oilier Count)' Board ofCot, nty Commissit~ners SECTION THREE; DEFINITIONS The follo~ving terms and definitions apply for the purposes of this Ordinance I "Building Value, means the latest total assessment of all improvements on a parcel of land as recorded in the Collier County Property Appraiser's file before the structure was damaged 2 'Z_(_'~b%,~ic Dis3ste____r'_' is defined as an event that overwhelms local response capabilities and will require mutual aid. state response, federal disaster relief programs, and activation of the state and federal disaster response plans. "Chief Building Official of Collier C:.gt,nt~ means the Director of Building Review and Permitting, or his/her designee, ',,.'ho is hereby designated by the Board of Count)' Commissioners of Collier Count).. Florida to implement, administer and enforce the building permit moratorium provisi ms of this Ordinance. "Current reRulato~ standards ['or new.constrt,ctiqn'_~_' means the following a For one and two family dwellings - Density, flood plain managcmen:, building code. I.and Development Code, and growth management rcqt rements, site location, density and parking requirements b For multi-family dwellings - density, flood plain management, building code, I.and Development Code. growth management, parking arid site location requirements. c. For commercial developments - Land Development Code. site location. density, parking, flood plain nianagement, building code and gro,.vth management requirements. "Dam_age Assess_re. ent" means a systematic procedure fi',r evah~ating damage to public and private property, based on current replacement cost The assessment may be used to determine il' the dama,,ed area can qualit:,' for l;~dcral or state disaster assistance. "Destroyed Structure'_j means a structure that is a total loss or damaged to such an extent that repairs are not techr:icallv or economically fi:asible Thc indicator tbr this category is if the cost to repair exceeds Ii:':'..' percent (50%0 of the replacement cost at the time ofdamaL.,C or destructi~,n "p_evel0_~_ment Order" means an), order, permit, determination, or action granting, denying, or granting with condhions an application for any tlnal development order, building permit, temporary use permit, temporary construction and development permit, ',,.'ell permit, spot survey, electrical permit, plumbing permit, occupational license, boat-dock permit, septic tank permit, right-of-way permit, blasting permit, excavation permit, construction approval For ~ "'"':-"' '<'~'~::. :-7-'--' .~. 3' :":.4) develoF;:,,:nt of regional impact (DRI) development order, zoning ordinance amendment, c,,'-- - '.. plan a~nendment, flood variance, coastal construclio,q control line variance, vegetation removal permits, agricultural clearing permits, site development plan approval, subdivision approval (including plats, plans, variances and amendments), rezoning, PUD amendmenL ce~ificafion, conditional use, variance, or any other o~cial action of Colli~ ('rarely havin~ Ihe effect of permitting development as defined in the Collier County Land Dcvelopmem Code. 8 "Locakpamage A~s~.e~t~ means a group of individuals designated by the local jurisdiction to perform damage assessments according to State and Federal requirements. 9 73~ D~;2 is defined as an event that may require mutual aid, State response assistance and Federal disaster relief programs 10 ".X~g~x~am~Agd Slm_cXgre" means a structure that can be made habitable with extensive repairs. Damage may include foundation, roof structure, and major structural components. The indicator for this catego%, is if the cost to repair is grea~er than twenty percent (20%) and up to and including filly percent (50%} of thc replacement cost at the time of damage I I "Xlinor Disaster" means a disaster that is likely ~c~ hu within the response capabilities of local government and to result in only a minimal need for State or Federal assistance. 12. "XliEqcDama~ed Stmctur~ means a structure that can be made habitable in a shoa period of time with minimal repairs. Damages may include doors, windows, floors, rooffs, central air conditioners, and other mir:or s~mctural damage. The indicator for this categoD. is if the cost to repair is t',t eat,., percent (20%) or less than the replacement cost at fl~e time of damage 13. "Recover, Task Forc~ means a group of officials designated by Ordinance 93- 20 ~br the effec~uation of its purposes 14 "Replacement Cost" means the actual cost to repair, reconsta~ct, rebuild or replace a damaged structure, h will not include the following pans ora structure '' : ..... ' r.>, c,~--:~,~red ~ ~erma,-y-~ -aa ~'.' tt:e t'p~c't,re building plans, su~'eys, permits, sidewalks, pools, scr.; :~ :, · 3- ~urniture and carpeting. For purposes of this Ordinance, tl~e compared to the structure's replacement value to determine tile percent of the structural damage. "R_eElacement Valu_e- ora structure means the market building value contained in the Collier Count).' Property Appraiser's File multiplied by one of the following 15. factors. a b 120% in a major disaster, or 150% in a catastrophic disaster. The structure's owner can opt to establish replacement value by hiring a State licensed contractor to make such determination rather than use the formula stated in this definition. 16. "Structure" means anything constructed or erected which requires a fixed location on the ground, or in the ground, or attached to something having a fixed location on or in the ground. ~ECTION FOUR: RECOVERY TASK FOR~_..g The Recovery Task Force established by Ordinance 93-20 will meet on a continuing and regularly scheduled basis to discuss its specific rc, l,,s and responsibilities in accordance with this Ordinance, and relative issues associated with recovery from a major or catastrophic disaster. SECTION FIVE: POST-DISASTER REDFV.E_LOPMENT PR_.[.O.RITIES The following priority sequence ~ill govern community rebuilding and redevelopment eflbrts; Re-establishing sec'ices that meet tile physical and safety needs ofthe community to include; water, food, ice. medical care. emergency access, continuity of governmental operations; communicatisns; security oF residents and possessions from harm; health, and temporary housing 2 Re-establishing infrastructure necessary for community reconstruction such as electrical distribution systems; potable water and sanitary sewer service, restoring medical and health care; rebuilding damaged stormwater and transportation f-:.::'.it;o~: ar2 hous:nq faci!ities. 12C4 Restoring the community's economic base, as defined by the Collier County Growth Management Plan or accepted econometric principles and practices Improving the community's ability to withstand the effects of future major or catastrophic disasters. SECTION _SLX: ESSENTIAL___SERVICE pRIORITIES ,a ND _ F6.C_'[LI_.T_TY___R_I_.'_STOR_ATION Priorities for power and communications restoration ,.viii be in accordance with existing protocols established by the individt, at utilities All protocols are intended to emphasize' health, safety and essential community see'ices as priorities. The following procedures will govern water service restoration: a Stem the flow ofmajor leak areas b Identity, highly damaged areas. c Assess and provide serx'ice to meet critical customer needs such as emergency response and recovery Facilities. hospitab,, nt,r.,,ing homes, emergency public shelters, kidney dialysis patient Facilities, and other identified emergency response Facilities d Establish emergency water sites as necessa~, e. Establish priorities and repair damaged facilities in the Following order water treatment plants. Irunk mains, dis:ribution mains and service connections f Repressurize water system as necessar?.. g Establish water potability The Following procedures xvill govern wastewater service restoration' a Assess damages to vvaste'~vater system Stlch gS waste'water treatment plants, lift stations, and electrical support systems This also includes evaluating the need to take lift stations off: line in flooded, evacuated areas to avoid damage to property when power is restored b Closely coordinate recovery operations in determining and replacing any damages to '.vastewater treatment plants within Collier County. ·: '. · ~,::'¢ic~:: ' '..,:ergency response and recoveO' facilities and hospitals. d Repair damaged facilities in the following sequence I) trcatrnc.t plants; 2) force mains~ and 3) lilt stations starting xvith tl~ose closest to the treatment plants. e. Re-establish wastexvatcr sc~'ice to franchise areas as power and water service are restored. SECTION SEVEN: POST-DISASTER DEBRIS CkEARANCE AND DISPOSAL STRATEGIES 1. The following policies will govern emergency debris clearance, removal and disposal strategies: a Clearing debris from roads and streets will be guided by the following priority sequence: I) Emergency access to aid search and rescue operations. 2) Major arterial roadways linking Collier County to intercounty traffic. 3) Major arterial roadways providing access to designated response/recovery centers, airports, publica'private utility companies providing v.'ater and wastewater service and ento' roads to the County's designated solid waste disposal facilities. 4) Major arterial roadways providing access to roadways carrying intracounty traffic. 5) Roadways providing access to designated s:aging areas and distribution centers supporting disaster relier'efforts. 6) Roadways providing access to major commercial activity centers 7) Minor arterial roadways under the County's maintenance responsibility 8) Collector roadways under the County's maintenance responsibility. 9) Other roadways under the County's maintenance responsibility 2 Once road clearance operations supporting search and resct,e opt'rati()n~, clearing intercounty roadways, and provkling access to designaled response/recovery centers are completed, debris clearance to provide access will be guided by the following priority sequence. a. Area medical facilities with emergency rooms, areas designated as field medical service, fire district and law enforcement stations b. Facilities designated as centers For emergency response operations. emergency medical service, tire district and law enforcement stations c. Areas oFthe County with minor damage. d. Areas ofthe County with major damage. e. Areas of'the County with catastrophic damage Debris will be separated to avoid mixing hazardous materials and hazardot, s waste with other types oFdebris Agencies or organizations with whom the Count,.' contracts tt~ clear, remo`,'e and dispose of debris ,.,.'ill follow the following guideline.,, a Debris collection and removal procedures fro::,, residential and commercm! areas in the following sequence I) - raw garbage, 2) - rubbish. 3) - yard waste: and 4) - construction/demolition debris Debris `,,.'ill be separated into these four general priority classes All County residents and business entities x,.ill be instructed to separate debris according to the above categories and wilt be notilied of the established >chedt,lc for pickin,...:, up these lbt, r general debris categories Storage areas `,,,ill be o?erafional 'altbin se','cn ~;) ic;q da,,s al~zr the disaster to separate the debris that d~es not fall under thc residential and commercial properD' programs O$:en pit burning, burning bv inci);cration, mulching or chipping horticultural debris, hat, ling mulched or chipped debris out of the County. disposal at approved solid waste sites; or other temporar.v locations as may be approved by ',he Cotmty; and, debris refuse and recycling ,.*.ill be acceptable methods of ,..:aris disposai, provided tiaa, ;..c.~: ' .' .' :,'~?licable Rules and Regulations established by the Unite~ ~:ta',es [ 9 12C4 L 4L:Z SECTION EIGHT: Agency and the Florida Department of Environmental Protection established for such operations. DETERMINATION OF DAMA(.~B_UII,DBA~K PQLICY, MORATORIA, EMEROENCY REPAIRS EMERGENCY PERMITTING SYSTEM AND ILMERG[:,NCY REVIEW BOARD Determination of Damage. The primaD' task of the local damage assessment team is to identify structures which have been damaged as a result of the disaster. The County damage assessment team will catalogue and report to the Chief Building Official those structures which have: (I) been destroyed, (2) received major damage: and (3) received minor damage The Chief Building Official will then, as may be necessary, inspect the damaged structures and place e,,,:h structure in one of the damage categories provided for by this Ordinance The assessment will also ser~'e as a basis Ibr determining it' Federal and State disaster declaration are warranted County Buildback Policy: Structures which have been damaged by natural or manmade disasters to the extent that the .cost of their reconstruction or repair exceed fifty percent (50%) of the replacement v:due of the structure ma',' be reconstructed, but in accordance '.~,ith tile legally documented actual use, density, size, style and type of'construction including square footage existing at tile time of destruction, thereby allowing such structures to be rebuilt ol leplaced to the size. style, and type of their original construction, including their original square footage; provided, however, that the at'fect~..d structure, as rebuilt or replaced, complie:; with all applicable Federal a::d State regulations and local regulations which do not preclude reconstruction otber,,vise intended by this Policy a In accordance with this Policy, 1) Structures damaged up to and including tifty percent (50%) of their replacement value at the time of disaster can be rebuilt to their original conditions, with repair work subject to current building and lite safety codes. 10 2) Strt,ctures damaged by the disaster by more than fifty percent (50%) of their replacement valve at the time of disaster can be rebuilt to their original square footage and density, provided that they comply with: a) Federal requirements for elevation above the 100-year flood level; b) Collier County Building Code reqvirements for floodproefiv, g: c) Current building and life safety codes; d) Collier County and State of Florida Department of Environmental Protection Coastal Cons:ruction Control Line regulations. e) Applicable disability access regulations of the Americans with Disability Act (ADA); and f) Any required Collier County zoning or other development regulations with the exception of existing density or intensity requirements established, unless compliance with such zoning or other development regulations would preclude reconstruction otherv,'ise intended by this Buildback Policy as determined by the Emergency Review Board established hereir. b To minimize the need for individual variances or compliance determinations prior to reconstruction, the regulations of (.;oilier County Land De,.elopment ('~de ail~cting setbacks, parking, buffering and open space may be modified The Emergency Review Board n:~,.' require documentation as to the actual uses. densities, and intensities existing prio: to :t'.¢ disaster event and at the time of the original constructi,..,;~' through st,c!~ means as phok~;raphs. diagrams, plans~ affidavits, and permits prior it~ m~.:horizing m:~difications to the above requirements These rzquirernents may be medified as follov, s I) Front, rear, side, or waterbody setbacks w. av be modified to permit the reconstruction of existing structt, res th~tt are nonconi'orming with regard to a specific setback so long as' a) The reconstruction ,,,.ill not result in an increase in the height of " ......... "'" ..... '' ':'.' ' ..... ~ Dv. elcpment Code: and b) The recons:, .... .~. ,,'i.. - f'"!:er diminution of 0 setback. The Emergency 12(24 ' , windows, chimneys and similar architectural features that may encroach further into the selback provided the encroachment does not protrude beyond the existing overhang of thc building 2) Front, rear, side. or v,'aterbody setbacks may be nlodified to permit the construction of a handicapped access appurtenance to any reconstruction. 3) Front, rear, side, or waterbody setbacks ma,,,, be modified to allow the replacement of stairs or decking that provides access into any reconstructed dwelling unit. 4) Front. rear, side, or waterbody setbacks may be modified to legitimize minor existing encroachments in setbacks discovered at the time of reconstruction. 5) Buildings or structures that are not itl compliance with current setback regulations and v.'hich can be proven to have been permitted prior to the adoption of such regulations shall be considered legally non-conforming and may also be reviewed by tile Emergency Review Board under this Section 6) A diminution o~' the front yard setbacks on a collector or arterial roadv,.ay shall be consistent ',vith future road v,'idening requirements. The Emergency Review Board is authorized to modify the parking requirements for non-residential uses as established bv tile Collier County Land Development Code. In no instance shall the p,trkiny requirements be modified x,,here the recons~ructio"n inxolxcs thc incrc,:se of density or intensity of use. St,ch requirements may be mc~ditied under the following circumstances: l) To improve ingress and egress to tile site in accordance with the County Access Management Plan. 2) To eliminate or reduce the instances where conditions require that parked 3) To allow ~k.~ · -... :~ spaces in accordanc: with Division 2.3 oft?,c Collie: _ 12 12C4 d ]'he Emergency Review Board is authorized to modify the buffering or open space requirements of the Land Development Code when such modification and reconstruction is authorized in Section 8.B.4 hereof 1) To accommodate modifications to existing parking or additional parking. 2) To accommodate changes as a resu!t of reconstruction In no instance shall buffering or open space areas be eliminated. e. Damaged structures may not be reconstructed at a more intense use or higher density than originally permitted by the Growth Management Plan and Land Development Code. No redevelopment at a higher density or more intense use will be permitted unless appropriate zoning, development review, building permit and other applicable land development approvals are granted through normal processes as set forth in the Land Development Code Moratoria: The Board of County Commissioners may. pursuant to Chapter 252, Florida Statutes, declare a moratorium under the following conditions in order to prioritize the repair and reconstruction of damaged critical public facilities immediately needed for public health, safety and v.'elFare purposes a Initial Building Morato_rit, m 1) Declaration of an Initial Building Moratorium An initial building moratorium may be declared ~,~he,I one or more of the follo,.~ing actions or findings occur: a) The County is declared a disaster area by either thc Governor of the State of Florida or the President of the United States. b) One hundred (It:*)/o;' m,~re s:ructures ha',e received major damage or have been destro)ed as determined by the Chic/' Building Ottlcial; c) A finding has been made by the Board ol'Cou:lly Commissioners that a state of local emergency exists in accordance with Chapter 252 of the Florida Statutes; or d) The County is unable to maintain minimt,m acceptable levels of service expected during non-emergency situations as provided for by .... Growth Management Plan 13 2) Duration. The initial building moratorium ,.,.ill remain in effect for up to seventy-two (72) hours No building permits ,.,.'ill be issued during this time period After expiration of this initial building moratorium, the following moratorium may become effective upon declaration by thc Collier County Board of County Commissioners. Said moratoriurn may cover the entire unincorporated area of the county or any part thereof Destr. o_y_e.d Structure Moratoriu_m No building permit ,,,.'ill be issued for at least thirty (30) days following the expiration of the initial building moratorium for the replacement of an)' structure which has been destroyed When a building permit is issued, structures damaged can be rebuilt in accordance with the Buildback Policy set forth herein *l_,qjor___D~m_~aged Structure .Morat~ri~njL No building permit for repairs of a major damaged structure ,.,,itl be issued fc, r at least ten 10) davs following the expiration of the initial building moratorium Minor Damaged Structt~_re Moratori3m~ No building penmts for tile repair of mir' '~ damaged structures ,.,.'ill be issued for at least four (4) days fiallu,.vir~g the expiration of the initial building moratorium Ne,.,.' D_evelop_ment Moratorium No building permit ti~r new construction or reconstrt,cti,,m unrelated to rebuilding or repairing structures damaged b': thc disa-;tcr ,.,.ill be accepted nor buildinu permits ,.,,ill be issued tbr itt Jea,q li:i:t', (30) ~'" ti~!lox',in~ thc expiration ofthe initial building mc, ratorium su that damage may bc assessed and repairs be made. I he Disas:cr Recovc:v '1 a:,k F't, cc x~ili dct~'rmine and advise the Board of County Commisskmers ~he:hcr a ncr. development moratorium is required based t:[mn the re'~uh., oi' damage assc~,sm,:nt and recommendations from the Chief Building Otticial Outstanding Building Permit Inspection Moratorium 1) All building permits lhat ,.','ere issued prior to the disaster ,.,.'ill be ........ c... ~ -';":'v,lm r,..-',~! r.c :hi,? (30) da.vs following tile ' ..',~ the Chief Buildi~ Official determines ~ 12C4 inspection staffis available to adequately inspect the structures should construction begin or resume. Suspension of the building permit means that no further construction authorized by the building permit is permitted and that no inspections by the Collier Count)' Building Review and Permitting Department will be pe~formed during the moratorium period Applications for inspections relating to building permits suspended under this Section shall be adjusted accordingly to reflect the time period covered by this thirty (30) day moratorium. 2) The County reserves the right to reinspect any and all construction in progress pursuant to validly issued pre-disaster building permits to verif'y that the work in place suffered no damage as a result of' thc disaster. In the event that the County determines that such construction sustained damage during the disaster or suspects that damage occurred, the property owner and/or general contractor is responsible for rework, removal, retesting, and uncovering work to facilitate inspection so that co:r,,~liaacc with thc building permit and thc building code can be ensured. Outstand~gDevelgpment Order Moratorium 1) All development orders as defined herein issued prior to the disaster will be suspended for a minimum period of thirty (30) days following the expiration of the initial building moratorium Suspension of the development order means that no development order work is authorized and that no development erder inspections by the Collier County Community Development and Environmental Services Division will be performed during the moratorium Applications for development orders suspended under this section will be adjusted accordingly to reflect the time period covered by this thirty (30) day moratorium. 2) The County reserves the right to reinspect any and all development order work in place prior to the disaster to verify that the work in place was not "'~"~,,e~ dt,,':r~: th,' ,4: ~ast,?:. In the ever~t that the County determines that ...... ~,F~n:~. ,.r&r ~.~,k ~:~ place was damaged during the disas' suspects that damage occurred." 15 rework, removal, rctcsting, and uncovering work to £acililate inspcclion, so fi~a~ compliance whh Illc dcvclopmcnl order documents and lhe I.and Development Code can be en~ured. h ~,i~e Development Pl~Subdivi~?.~at Moratorium l) Site t'lans which haxe been sut"nitted to thc County peior to thc disaster will no~ be reviewed by the County Staff lbr a period of thirty (30) days following the expiration of the initial building moratoriom All submittal dates and review periods will be adjusted accordingly to reflect the time period covered by this thirty (30) day moratorium 2) No new site plans, zoning requests or subdivision plats ~ill be accepted b~ the County for a period of thirty (30; da~s follow ing the expiration of the initial building moratorium 3) All submittal dates and review periods will be adjusted accordingly to reflect the time period covered by this thiri) (30) day m~ratt.iul. Duration o.~ MoraL~i~. All moratoria other tMn the initial building moratorium as enacted ~ill be in et]~ct tbr the le~gth of time described above and may be terminated or e~:tended by the Board of County ('ommissioncrs. Emergency Repairs a No const~ction or reconst~ction activity may bc undertaken without a building permit, while a building m,~rat~rium is i:, tilL-ct, hox~evcr, emergency repairs necessary to prevc:~t structure or other additional damage to thc struct~re t, ils c-ntents will not be subject of the temporary moratoria provided fi,r bv in this Ordinance and shall not retluire individual building permits Such emergency repairs shall included but not be limited I) TemporaD. roof repairs with plyx~ood or plastic sheeting to make structures habitable or to prevent continuing damage duc to rain and wind to building interiors and exteriors · '.~t:d or plastic sheeting, 3) Repairs to interior ceilin.~s to make buildings habitable or to drain accumulaled flood waters. 4) ~epairs to steps, and 5) Tempora~ stabilization measures to avoid imminent buildin~ or sm~cture collapse. b. Emer~uncy repairs to buildings or infrastructur~ that house the following organizations or activities shall not be subject to any tempora~ moratorium because of their necessity to protect thc public health and safety by providing electrical power, potable water, waste w~ter, and communications facilities; emergency stabilization of roadways; police, fire and medical facilities; essential governmental facilities; rcsponse/recove~ centers and distribution centers; debris removal activities; and stabilization or removal of stR~ctures about to collapse. c. Nothing in this Ordinance shall be const~ed to suspend State and Federal permit regulations. a An Emergency Permittin~ System will be established b~ the most recent building and construction administrative codcs to assure the quality of the reconstructed buildings and structures, and to implement the County's Buildback policy as set forth herein The provisions contained in the Collier Count), Construction and Administrative Code ~i[I take elT~ct when a disaster designated as major or catastrophic has aflbcted Collier County, which the Board of County Com:::i~sioners requests the Governor to declare Collier Count)' a disaster area Emergency Review Board An Emergency Review Board will be established in catastrophic disaster situations to implement the County's buildback policy The Emergency Review Board will be chaired by the Community Development and --': ..... ~"~;" F~,';co,' 3 dminis, tr-c-r and will consist of the Chief Building -~de Enforcement Dir their rc. 17 12C4 12C Board can be appealed to the Collier Count), Board oF Commissioners through the normal administrative appeals process provided for in Section 1.6.6 of the Collier County Land Development Code. SECTION NINE: ECONOMI(~ REDEVELOPMENT POLICIES. I. The following general policies will guide the use of resources employed toward rebuilding of the community's economic base a Reopen the business community. b. Restore agriculture and industry c Re-establish the tourist industry. 2 Damaged businesses and other economic enterprises necessary for the public heahh and safety and for restoring tile community's economic base will be allowed to use temporary structures such as modular buildings, mobile homes, or similar type structures to carry out their activities, until their damaged structure is rebuilt or replaced according to applicable development and redevelopment regulations SECTION TEN: GUIDELINES FOuR AC_OUIRING D_A_MAGED PROPERTY When determined to be in the public interest, the Board of County Commissioners may enter into ne.~otiation with a proper~y owner or owners whose improved real proper~y has been damaged by the disaster for the purpose of acquiring such buildings and associated land or lot for trans£er by sale. lease or donation to Collier Count) whe,~ thc tbllowin~ conJitions are met a Thc property must be Mca:zd in an area damaged by the disaster. b The property should be free of any encumbrances, and c The building structure must. l) have been damaged substa,~tially beyond repair or must have been damaged to the extent that the cost of reconstruction or repair exceeds filly percent (50%) of the replacement value of the building or structures at tile time of'the disaster; or 2~ not be capable of repair becat,se of build)ack policy provisions herein or '': or 3) have been abandoned by its o~ncr I'ropcrty acquired under these conditions must bc dedicated for such purposes as the Board of County Commissioners may a.uree are consistent with a Open space uses;or b \lanaging the land for its dedicated purposes, ho~evcr, future uses which would likely result in threats to human life or property dama~uc of'thc same type that has occurred during previous disasters x~itl not be permitted Allowable open space uses include parks for outdoor recreational activities, nature preserves or trails, beach access, unimproved parking lots, and structures functionally related to these uses such as open-sided picnic lhcilities, refreshment stands, or other non-habitable structures primarily supporting the recreational activities. SECTION ELEVEN: AUTHORITY Nothing in the ordinance limits the authority oi" the Board of County Commissioners to declare, repe'~! o~ e,:tcnd a state of local SECTION TWELVE: PENALTIES I. Any person, firm, company or corpora:ion who thils to comply with or viola:cs any section of this Ordinance. or the emergency measures which may be made effective pursuant to this Ordinance, i~ guilty of a misdemeanor of the second degree, and upon conviction &~r stroh ofl~nse, may be puni.4:cc? by a fine not to exceed five-hundred dollars ($500 (:0 or by imp:is~,m:~cnt r,~,~ t~ exceed sixty (60) days in the Collier County Jail. or both. i. tko discrcti~m of thc hearii~g the case Each day of continued non-cc, mpliar:cc or ~iolatkm will constitute a separate ofl~nse In addition to this penalty, any construction lice~see off Collier County or thc State of Florida ~ho xiolates a.y provision this Ordinance or the emergency measures which are effective as a rcsuh of this Ordinance, will be charged with said violation and have the matter heard before " .......... '~: ~'~:" ~ ...... Be.~ra s'~'e ~dminis:rative body, or cou~ of law. ;~6~..lg con~amcfi ;.::-. ...ts t~ ' ,"nty from taking ::uch action in any court ofcot~ :.~'nt ~3 any failure to comply with, or violation or, this Ordinance ur thc t'mcrgency measures which may be made effective according to this Ordinance Such other lawful action includes, but is not limited to, an equitable actitm for injanctive relief or an action at law for damages. ..SECTION TH'IRTE~_N.- CONFLICT AND SEVERABJLFFY. In the event this Ordinance conflicts with any other ordinance of ('oilier County or other applicable law, the more restrictive shall apply, lfany phrase tlr portion of this Ordinance is held invalid or unconstitutional by an5, 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 FOURTEEN: INCLUSION IN THE COLLIER COt;NTY I.AND DEVELOPMENT CODE. -- The provisions of this Ordinance shall become and be made a part of. the Land Development Code of Collier Count),, Florida. The sections of the Ordinance may be renumbered or re-lettered to accomplish such. and il,: ~at, d "Ordinance" may be changed to "Section," "Article," or any other appropriate word SECTION FIFTEEN: EFFECTIVE_DATE This Ordinance becomes effective upon filing ,with the Department of Stare PASSED ,.\ND DULY ADOPTED by the Board of Count>' Commissioners of' ('oilier Count>'. Florida. This -- day of 19 ATTEST DWIGtIT E. BROCK, Clerk BOARD OF COUNTY CO.M.XlISSIONI:iRS COLI. IER COUN'I'Y, FLORIDA Barbara B B~.'r,'3, ('hai-r[a~a~ .......... Approved as to form and legal sufficiency: .:ca NapLes DaiLy Ne~s Naples, FL 33940 Affidavit of PubLtcatt~ flapLea Daily Nays BOARD OF COUNTY COMNISSIONERS ATTN: NANCY SALOGUB PO BOX 41~016 NAPLES FL 34101-3016 REFERENCE: 001230 0011~42106491 5;'7029~ NOTICE OF INTENT TO State of Florida County of Collier Before the undersigned aut~rity, personally appearad B. la~, who o~ c~th says that she serves as the Assistant Corporate Secretary of the Naples OaiLy Ne~s, a daily newspaper pubLished at ~pLe~, in CoLLier C~nty, FLorida: that the attach~ c~y of ~vertisi~ vas ~blish~ in said n~s~r ~ dates List~. Affiant further says that the said NapLes DaiLy N~s is a n~s~per ~bLish~ at NapLes, ~n said CoLLier C~ty, FLorida, a~ that the said n~s~per has heretofore ~en c~ttn~sLy ~bLish~ in said CoLLier C~nty, FLorida, each day a~ ~s be~ enter~ as sec~ class ~tter at the ~st office in NapLes, in said CoLLier C~nty, FLorida, for a ~r(~ of 1 year next prec~i~ the first ~bLicat(~ of the attach~ c~y of ~vertis~t; a~ afft~t further says that she ~s neither ~(d ~e pr~is~ any ~rs~, firm or c~rati~ any disc~nt, re~te, c~issi~ or refu~ for the ~r~se of secur(~ this advertisement for ~bLicat(~ in the said ne~s~per. PUBLISHED ON: 06/07 AD SPACE: 118.000 INCH FILED Off: 06/0~/98 Signature of Affiant Sworn to and Subscribe~ before me this , day of ..,~ '/ /~;., ,. PersonaLLy known by ~e /,,', .:~ , , , 19 ;' 0110 NOTICE OF INTENT TO CONS~Df:_R ORDINANCE Notice Is hereby given ft~t o~ TUESDAY, JUNE 23 1~, In ~ ~, ~d F~, A~lnfs~ ~v~e~ C~, ~ost Tomloml ~ro~l ~ o~ a C~ Or~. ~e. The m~ will c~e ~ 9~ A.~. The ~e ~ of ~e ~ ~dl~e Is ~ f~. I~: AN ~DINAN~ ~E- ATED TO ~ANAOE RECOVER RECON- STRUCTION A~ ~ITI- GATION ACTIVITIES F~LOWING A ~ OR CATASTROPHIC DI~STER ~THIN T~ UNINCORPORATED AREAS OF C~LIER COUNTY, FLORIDA; ~OVIOING F~ THE P~PO~ A~ INTENT ~ T~ ~DINA~E; PROVIDING FOR RISOICTION; PROVID- ING F~ PROVIDING F~ PRI- ORITIES PO~ POST-- DISASTER REDEVEL- ~ENT. ~ OVIDING F~ E~NTIAL ~S AND FACLIT~5 RESTORATION; PRO- v)omNo FO~ ~B~)S CLE~ANCE_ RE.V- AL AND ~ISPOSAL STRATEGIES; ~OVID- lNG FOR DETERmi- NATION DP ~OVIOING F~ THE I~LE~ENTATION AN INITIAL BUILDING ~OR ATORIU~ Arid ESTABLI~ING RE~T. ED ~AT~IA ~. TAINING TO BUILDING PER~ITS. DE~LOP- ~ENT ORDERS A~ SITE PLANS, ~OVO- NG FOR E~ERGENCY REPAIRS; PROVIDING ~ AN E~ERGE~Y PER~ITTI~ SYSTE~j PROVIDING FOR AN E~,ERGENC y REVEW BOARD; PROVIDING POLICIES FOR ECO- NO.lC REDEVELOP. ~ENT; PROVIDING ~L~NT ~ HI~ HAZED AREAS; ~O- VIDING GUIDELINES AGED PROPERTY; PROVIDING F~ AU- TH~IT y; PROVIDING F~ PENALTIES; ~O- V~ING P~ C~FL~T AND SEVERABILITY P~OVISIONS; PR OVID. lNG F~ INCLUSION IN THE COLLIER COUNTY LAND DEVEL~ENT CODE; ~ND ~OVID. ~G FOR AN EFFEC- ' TIVE DATE. A c~y ~ ~ ~ Or~e A ~ ~ ~ ~eC)~ ~d~ All l~t~ ~S ~e Any ~ ~ ~ e~a~ ~ ~d ~11 n~ a cl~ ~e ~v ~ ~RD OF COUNTY CO~M~S~O~RS COLLIER COUN?Y, FL~OA BARBARA e. BERRY, CHARON DWIGHT E. BROCK, CLERK AN ORDINANCE CREATIiD '1'O Xl..\ N:\(;.I~ RI'~('()NSTRI.!(Ti'I(')N /' ND MFI'I(;ATI()N A¢"I'I\TFII(S F()I.I.()WIN(; tX MAJOR OR (ATASTROPHIC DISASTER \VITIIIN TIlE UNIN('ORI'OR,.VFI-~I) ,,\REAS OF (_'(.)[.I.IER COUNTY, FI.ORIDA.. PP.(,~VIDIN(j I:(~P, TIlE I'I.~lt.l'(}Sl.~ AND INTI..'NT OF TIlE ORDINANCE; PROVIDING FOR JIJRISDIf'TION, PR(}VIDIN(; F(')R DEFINITIONS, PROVIDING FOR PRIORITIES FOR POST-I)ISASTER REDEVEI.OPMENT~ PROVIDING F('}R ESSENTIAl. SF. RVI¢'ES ANI') FACILITIES RESTORATION, PROVIDING F(.)P, D['~IIRIS ('I.F..,XRANCE. RFMO\'AL AND DISPOSAL S'I'RATI~GII£S, PROVIDIN(i F(.~R I)FA'I!R,X, IlNATI¢.~N OF DAMAGE, PROVIf)ING FOR TI IF. IMPI.EMENTATIf)N f)F AN INITIAl. 1½UILi)ING MORATORIUM AND ESTABLISIIING I~,F.I.ATED .X.I()RATORIA PERTAINING TO BUILDING PERMITS, DEVEI.OPMENT ORI)I(RS AND SI]'[:. PLANS. PROVIDING FOR EMEP, GL:NCy REPAIRS. I'ROVIDING FOR AN EMERGENCY PERMITTING SYSTEM, PROVIDING FOR AN EMI-;RGENCY REVIEW BOARD, PROVIDING POLICIES FOR ECONOMI(' PROVIDING POLICIES FOR REDEVEI.OPMENT (')F I IIGII I IAZARI) AREAS; PROVIDING GUIDELINES FOR ACQUIRING DAMAGED PROPF.'RT'~'; I'ROVIDING FOR AUTHORITY; PROVIDING FOR PENALTIES; PROVIDING FOR CONFLICT AND SEVERABILIT'( PROVISIONS. I'R~)\'II)ING FOR INCI.USION IN TIlE COLLIF. R ('(')UNTY LANI) DEVI':I.f)I'5.1I(NF ('())1(ANI) I'RO\'IDING FOR AN EFFECTIVF. I).,\TF. WIIEREAS. Southwest Florida and the Collier ('t>tmlv area arc x'ulncrahlc to a variety of'hazards which may result in major or catastrophic disasters C~ltlSJtlg substantial injuD or harm to the population as well as substantial damage ,~ or h~ss .l'l~rt~pcrly' and WIIEREAS. saffeguarding the lit~ and property of its responsibility of the Collier County Board of ('otfnty Commissi(mcrs. and WtlEREAS. Chapter 252. Florida Statutes, c~ml~.rs up.n file Bo;.d -I' County Commissioners of Collier County the authority 1o declare a Slale of I-cal emergency and take all actions necessag. Io ensure the safety and well being of ils residents. ~ i41ors and their prt~peny during disasters caused by these hazards, and WtlEREAS, Chapter 163 3177(6)(g). Florida Slattites. rcquirc~ an clement thc local government comprehensive plan fi~r c~aslaJ man;t~cmcnt, and WI IEREAS. Sec/ion 163 317~{2)(h). l:h~rkla Nt;~lulc~. afli.d~ Board of Counly Commissioners ~. apply miligalion arid ~c(levcl.pntcnt policies designated high-hazard coastal areas, ami WIIERE..XS, Section 163 317\IN). I:h.'ida Stai.tc~. ~cq.irc~ iclentil¥ and prioritize coastal pn~pe~ics fi~ acquisititm accord,ig I. c~itcria which include, amongst others, recognition of hazard mitigation. WttEREA. S. the IOO.~ Florida Land Plan (Ibc State Land Devclopmen! /'lan) - provides goals, objec6ves and policies in Priorilv Issue VI - Emergency Man;~ement - Io reduce ~ulnerahility and exposure of the public and public fi~cili6es ~ natural and lechno/ogical disasters, and WIIEREAS, the Strategic Re~itm~d Policy Iqan ~t' thc ~mthwusl Florida Reyienal Plannin~ Council proposes yoals and pt~licics, which would require local ~overnmenls to have effeclive risk reduclitm and recovu~, ctm~p~menls in their emergency mana~emunl pro,ram; and WHEREAS. lhe Board of ('ounlv (7ommissitmurs t~l' ('ullicr ('~tmly Florida adopted the Grt~h Managemenl Plan by ('~lli~r ('OUnlv ()rdin~mce Number ~9-O~ on Janua~ 10, 1989; and WI IEREAS. Ihe Collier Gro~¥1h Xkma~ement IqCm- ('tmserv~titm and Coastal Management Element. Ob~eclive I~ 2 requires ('oilier ('otmlv Io prt~vide fi~r planning and decision-makin~ Io guide redevelt~pmunl during Ibc resptmsu a~d ruc~ve~, periled Following major emergencies, such as Iropic~l slorms and hurric~mus; and WI IEREAS, the Collier Growth ~lana~emenl Plan - ('onsurvalion and Management Elemenl. Ob~eclive I.t 3 requires Ibal the ('~un~y es~d~lish and mainlain pt~st-disaster inslilulions and procedures It~ ~uide ('ounly atriums t~dlowin~ ~ nalural or lechm~Io~ical disaster; and WIfEREAS, Ihe Collier (irowth Mam~emenl Ham ('tmsurvalion and Management Elemenl, Policy 13.3.? requires Ihal the Post-Disaster Ordinance will provide t~r enaclment ot'a temporaD, moratorium tm rdmildin~ m~l immedialdy needed t~r the public heallh, safety, and ~vull~re to ~lltnv rep~6rs It~ xv~lur, p~w~,r, fir~. police. and medical facilities; debris removal; stabilizatitm or removal ~1' sm~cmrus m dan~er collapsing; and minimal repairs to make dwdlin~s habilabM and WHEREAS. the Collier Gro~vlb Xbna~ement Plan. ('onserva6on and Coastal Management Element, Policy I~? ruquires Ibal Ihe Posl-Disasler Ordinance implement ~l~e county buildback policy, and WtlEREAS, Section 125 Olft}. Florid~ Nt~tttttu~. l~rovidcs lhu autht~rily Iht lite B~ard of Counly Commissioners of Colliur ('ounl)'. Flurida Io ~tlupt t~rdinances necessa~, l~r the exercise oFits powers ~md Io prescrihu 6nvs and pemdlies, and 1 WIIEREAS, Ihe Board of ('ounty Commissioners of ('oilier County. Florida adopted Ordinance 93-20 on April 27. 1'?)3. cstabli~hin~ thc ('oilier ('ounly Disaster Recover. Task Force, NOW, TIIEREFORE, BE IT ORDAINED [ih' Till{ [~()ARI) ()F (()tiN'fY COMMISSIONERS OF COLLIER COUNTY. FLORIDA; SECTION ONE: PURPOSE AN[~]NTENT It is the intent of the County to identil~, oppollunilies to mitigate lhture damages through the management oF recover' and reconstruction To fiu-lher this intent, th~ County will make eveD, etlb~ to develop its capacity Io identil¥ and coordinate various post-disaster recover, and reconstruction resources while at Ihe same lime ensuring maximum local conlro[ over the recover, and reconslruclion process Following a major or catastrophic disasler, sulticicnt time must he provided to conduct damage assessments, clt~ssi~¥ and Calegorize indixidual strut[utc damage, and evaluate the clt~ctivcncss and enfi~rccmcnt tffthu existing buildm~ code h is Ihrthcr the intent of the County to allow rebuilding and reconstruction in an orderly manner by controlling the issuance oF building permits, development orders and site plans in order to manage the location, timing, and sequence of reconstruction and repair SECTION TWO: JURISDICTION This Ordinance applies lo all areas ~ithin Collier County. Floridn under thc jurisdiction of the Collier County Board of('ounty Commissioners SECTION THREE: DEFINITIONS The tbllowing terms and definitions apply Ibr the purpt~scs of this Ordinance "Buikiing Value" means the latest total assessment of all improvements on a parcel of land as recorded in Ibc Collier ('oumv Property Appraiser's lilt belbre thc stmclure x~ as damaged "('atatEophic D~t~ste~' is defined as an event that ~xerwhclm~ local response capabilities and will require mutual aid. state response, tZ. deral disaster relief programs, and activation ol'the slate and l~dural disa~tcr re~l~Onsc plnns 3 "_Chief Building Official ¢._2F Colli~.'r ('t~.'~ means lhe Director of i~uilding Review and Permitting, or his/her designee. ~ho is hurch), designated by the Board of County Conlmissioncrs of' Colliu~ ('ounl)., i:lorida Io implemenl, administer and enforce the building permit Illo~;~h~rit~nl pmvisi~ms of' this Ordinance. "Curr~-Eegu[a3~Qdards [bEnew con~tQ~ction" me;ms tl~e a For one and two famil), dwellings - Density. tlood plain management, building code. Land Development Code. and growth management requirements, site location, density and parkin~ requirements b For muhi-famil), dwellings - dc. nsilF.' flood plain mana~umt, nt. buikJing code. Land Development Code. ~rowth mana~.munl, parking and site location requirements c For commercial developments - l.and Duv~.lolm~¢.nl ('od~.. site location. densit)', parking, l]ood plain management, buildin~ c~de and grot~lh management requirements. "Damage Assessm~nt'~means a systematic procedure l~r evalualin~ damage to public and private property, based on current r~plac~m~nt cost The assessment may be used lo determine it' the damaged arc. a can quality' l~r l~d~ral or state disaster assistance "D~str~'&'~_.~truc~&~re'~ means a stn~clurc that is a tt~tal loss or dama~c.d lo such an extent that repairs are not technically or economicall), t~asible. The indicator lbr this cate~o~, is if the cost 1o re'pair exceeds fifty percent replacement cost at thc lime oFdamage or destruction "Development Ord," means an). order, pC'trait, tietermination, or action granting, denying, or granting with condititms an application t~r an)' final development order, buildin~ permit, temporal, use permit, tempora~ c,mstruction and development p~'rmil. ~ull permit, spot survey, eluctrical permit. plumbin~ permit, occupational license, hoar-dock permit, septic tank permit. rJght-oltwa), permit, hlastin~ permit, excat;nion permit, construction approval for inl~astructure (including ~va~er. su~ver. ~rading. pavin~) development of regional impact (DRI) d~velopmunt u~der, zonin~ ordinance amendment, comprehensive IO Il. 13¸ 14 12. plan anlendment, flood variance, co;~slal cunstruclion ctmtrt)l line variance. vegetation removal permits, agricuhural clearing permits, site development plan approval, subdivision approval (including plats, plans, variances and amendments), rezoning, PUD amendmcnl, certification, c~mditicmal use, variance. or any od~er official action of {'oilier County having the el]~ct uf permitting development as de~ned iu the ('~fllier ('mmty I.and Dcvd()pmcm Ct)dc 7Local Damage Assessment 'l'e;mF' means a ~rt)ul} tit' individuals designated by the local jurisdiction to perform damage assessments acct)rdin~ to State and Federal requirements. ~[ajor D~At~[~' is defined as an event that may require mulual aid. State response assistance and Federal disaster relief' programs ZMajor Damaqed St~ctur~ means a structure theft can be made habitable with extensive repairs Damage may include foundation, roof structure, and major structural components. The indicator fbr this c;ltc~t)~, is if the c~st m repair is greater titan twenty percent (20%) and up It} and including l]t}y percent f50%) of the replacement cost at the time t)f damage "Minor [}isaster" means a disaster tt~;~t is likch' to he ~iflfin tl~e response capabilities of local government and it) result in only a minimal need fi)r ~tate or Federal assistance "Minor Damaged ~tmct)L{~Z means a structure fl]al can be made habitable in a short period of time with minimal repairs l};m~ges may include doors, windows, floors, roofs, centr~fl air conditbncrs, and other mmt)r structural damage The indicator tYr this c~tc?~, is il'the Cosl lo rcp~dr is t~cntv percent (20%) or less than the replacement cosl at the time "Recove~ task Force~ means a ~roup of officials dcsi?atud hv Ordinance 20 lbr the eti~ctuation ot'its purpt)ses "~?la~t~enl Cost'~ means thc actual cost to rep~fir, rcc~mstruck rebuild or replace a damaged slnicture It ~ill not include the fblMwing par1~ ot'il stn)cture or items not considered a permanent i)a~ t)f the htructuru building plans, su~'cys, permits, sidewalks, pmfis, screens, sheds. F;~zuh()s. l~ncc~, fi, rniture and carpeting Ft)r purposes of this Ordinance. thc fc/)l~tcunlcflt ct~st will I)~ compared lo tile structure's repJacclllcn! '~,':lJtle t~ dcl~.'rmine Ih~.' p~rccnl of the structural damage 15 "Replacement Value" of a structure illcallg the market building value contained in the Collier County Properly Appraiser's File multiplied by mm .f thc fi)flowing factors a. 120% in a major disaster, b. 150% in a catastrophic disaster lhe st~cture's owner can opt to establish replacement value by hiring a State licensed contractor to make such determination rather Ihan use thc formula stated in this definition 16 "Stmclu~ means anything c(mstruc~cd t)r crec~ed which requires a fixed Iocalion on the ground, or in the gr~mnd, or al~achcd Itl stm~cthing having a fixed Iocalion on or in the ground SECTION FOUR: R~COVERY The Recover' Task Ft~rce established by O~dinancc t).l-2~l ~ill mccl tm a conlinuing and regularly schetlulcd basis to discuss ils spccilic roles and responsibililies in accordance with lhis Ordinance. and relati~'c issues ass(~ciatcd ~ith recoveD, t?t~nl a majt,r t~r cataslr~phic disaster SECTION FIVE: POST-DISASTER REi~EVE[.OPMEN'I' ILI~IORI'FII~S Thc following priority sequence will govern c{mmmnitv rebuilding and redevelopment ctlbns I. Re-establishing se~ices that meet thc physical and sal~tv needs ot'lhc community to include; water, lbod, ?x'crnmental operations, ct}mmtmicalions~ security t~l' residents and possessions [~om harm: health, and temporal, housing Re-establishing inl?astructurc ncccssarx tbr ctmmmnitv rcctmslrucli~m such as electrical distribution systcms~ p~m~blc x,,aler and sanitil~' ~c~ cr service, restoring medical and health care, rebuilding damaged ~tormx~alcr and translmnation hcilities: and housing 3. Restoring the community's economic bi,se, as delined by II~e Collier County Gro~.lh Management Plan or accepted econometric principles and praclices Improving the comnlunity's abilily to withstand Iht ell~cts of I~ture major or cataslrophic disasters. SECffI~. SIX~.ESS~N~!fil, ~ER~" (;lC AND FA('II.ITY IZR IO RITIE~ I. Priorilies for power and communications resloralion will be in accordance wilh exislin~ prolocols established by lhe individual ulilili~ All pr~locols are intended 1o emphasize hualth, sal~ly and essential communily services as priorities. The tbllowin~ procedures will ~ovurn waler service a Stem the tlow ofmajor I~ak areas b Identify highly damaged areas c Assess and provide sec'ice Io meet critical or,sit,mcr needs such as emergency response and recove~ fi~cilities, hospilals, nursing homes. emergency public s~elt~rs, kidney dialysis patient ~cilitics. and other identified emergency response filcilifies d Establish emergency water situs as necessary e Establish priorities and repair damaged K~cilities in lhe fi~lloxving order wa~er trealment plants. Imnk mains, dislribulion mains and sec'icc connections. ~' J~epressurize tvater SySI~'III ils g Eslablish water potability The/bllowing procedures will ~t~vcr~ x~asluw;flcr service a. Assess damages to Wasl~wal~l' s~'slelll SllCh ils ~itsl~Wilter li~ stations, and electrical support s~stem~ This al~o includes evahtating the need to take lift slations oll~ line in flooded, evactlatcd areas to avoid damage Io properly when po~cr is b. Closely coordinate recoxerv operations in delcrminin~ and replacing any damages Io waslewater treat~l~c~ll plants X~ilbin ('~dliur ('ounty. recovery I~cilifies and h~spi~als d Repair damagc, d facilities itl thc lblkming sequence I) Ircatmcnl plants. 2) force mains, and 3) lili Slalifms slarfing w/th Ih.se closest Io Ibc trealmcnl plants. e. Re-establish wastewater service It~ t?anchisc ;trcas as prover and water se~ice are restored. SECTION SEVEN: I'OST-I)! ~XST I~ !~kD.l~ I s. STRA~EGI I. The fi~ll¢~wing policies will gt~vcrn ~merscncy debris clearance, removal and disposal strategies: a Clearing debris From roads and streets will be ~uidcd by the tbllowing priority sequence: I) Emergency access to aid search and rescue -pcrations 2) Major arterial roadways linking Collier ('ountv lo inlercounly Iralt]c. 3) Major aaerial roadways providing access to designated response/recove~ centers, airpoas, public/private utility companies providing water and wastewater se~ice and tntD, roads lo the ('otllllv's designated solid waste disposal facilitius 4) Major aaerial roadways providin~ access to roadways car~ing intracounty traffic. 5) Roadways providing access m designated staging areas and distribution centers suppoaing disaster relicl'effbrts 6J Roadways providing access lo iIl~0or commercial activity centers 7) Minor arterial roadways under ihe County's mainlcnancc rcsp.nsibility. g) Collector roadways under thc ('ou~lty's maintenance responsibility 9) Other roadways under the ('otlnl?s maintc, nance responsibility Once road clearance operalions supporling search and resct,e operations, clearing intercounty roadways, and providing access tt~ d~s~gnatcd rcsponse/rccove~ cemers are completed, debris clearance IO provide access xvill be ~uidcd by ~he followin~ priority sequence a Area medical ~acilifies wifl~ emergency rooms, areas dcsignalcd as field medical semice, fire district and law enf~rcemcnl stations b Facilities designated as ccnter~ tbr emergency response operations, emergency medical service, tire district and law cnft~rccmcnl stations. c Areas of the County with minor damage. d. Areas of the County with major damage e Areas ofthe County with catastrophic damage Debris will be separated to avoid mixing hazardous materials and hazardous waste with other types oFd~bris Agencies or organizations with whom Ihe ('otlnlv COlllrilcts Io clear, remove and dispose of debris will follow the Ibllt)x~ing guidclinc~ aDebris collection and removal pr~ccdurcs l?om residential and commercial areas in the tbllowing sequence I) - raw garbage. 2) - rubbish. 3J - yard waste; and 4) - construction/demolition debris Debris will be separated into these K~ur general priority classes All COLIIIlV rcs:deals and business entities will be instructed to separate debris accordin~ to the above categories and will be notified off the established schedule lbr picking up these fi~ur general debris categories. Storage areas will be opcration/d ~ithin sc~ un to ten days alter Ihe disaster lo separate the debris Ibat docs not t~ilJ under thc residential and commercial property programs. Open pit burning, burning by incineration, mulching or chipping horticultural debris, hauling mulched or chipped debris Oul of the (7otmty: disposal al approved solid waste shes: or other tcmporag. locations as may be approved by the Coullty; and, debris rclhse ;llld recycling will be acceptable mutht~ds of debris disposal, provided that these methods mcct all applical~le Rules and Regulations established by the United States Environmental Protection .SECTION EIGItT Agency and lite Florida [)t'p,~rtm~:nt of I:.nxirt~m~ental Protection eslablished for such operations D ETE RMJa~h'[g )~._(~ F_~)Ahl A (J!j~ J~J II~ D Ii A C K POLICY, ~RMITT/,~G__~YSTI~M_ AND I~MERGENCY REVIEW !3OARD Determination Of Dama~ The prhna~ lask of the local damage assessment team is to identify structures which have been damaged as a resull of the disaster. The County damage assessmem learn will calalogue and repo~ to lhe Chief Building O~cial those struelures ~¥hich have (1) been destroyed: (2) received major damage; and (3) received minor damage The Chief Building Ot~cial will then, as may be necessa~, inspecl fl~e damaged slruclures and place each st~cture in one of the damage calegtnies provided l~r hv this Ordinance. The assessmenl will also serve as a basis Ibr delermilfin~ il' Federal and State d~saster declaration are warranled Counly Buildback Policy Slruclures ~hich have been damaged by nalural or manmade disaslers Io Ihe exlenI Ihal the ¢osl of l}~eir reconslruclion or repair exceed fifty percent (riO%) of Ihe replacement value of the sm~clure may be reconstructed, bul in accordance ~vhh the legally documented actual use. density, size. style and type of construclion including square fi~otage existing at the time of deslmction, thereby allo~'ing such structures Iobc rebuilt or replaced 1o size. style, and type of their original construction, including their original square l[~otage~ provided, ho~vever, thal the afl'tied slvtlclule. ~ls rcbuill or replaced. complies wifl~ all applicable. Federal and Slale re~ul;flions ~lnd local regulations ~ hich do not preclude r~collslrtlcliOll othcl'X~ i>u il~l~'mtud b~ ~t~is a In accordancu with this Policy. I) Structures damaged up to and includin~ fifty pcrccnl 150%) of Iheir replacemenl value al the time of disasler can be rcbuih lo their original conditions, wilh repair work subjecl Io current building and lil~ safely codes. 10 1 2) Structures dama.ued bv file di..a~tcr by m~rc than filiv pcrccm (50%) of their rcplaccmcm x'i~l~c i~t thc l~m~- ~fl' cii~a~tcr can hc rcbuill to tl~eir original square fi)t)tagc and density, pr.vialed 1hal they comply whh: a) Federal requircmenls fi~r clcva~i.n al).vc Ibc IOO-ycar th~od level; b) Collier County Buildin~ Code rc(luiremcnls c) Current buildin~ and life saibly c.dcs, d) Collier County and Stale uff Florida l)~pamuenl of Environmental Protection Coasla[ C~mstruclion (~onlrol l.inc rc~ulalions; e) Applicable disabilily access regulations of the Americans with Disability Ac~ (ADA). and 0 Any required Collier County z.nin~ or other development regulations with ll~e exception of cxistin~ densily ar inlensi~y requiremems eslablishcd, unless compliance wilh such zoning or other developmen~ regulations wuuld preclude rcconslmcfion othenvise imendcd by this Buikthack I'olicv as dc~crmincd by the Emergency Rcvicxv Board uslahlish~d b To minimize lhe need fi)r indixidual x'arianccs or c~mplianc~ (Iclcrminafions prior ~o rcconslrucfion. ~he regulations of ('c,llicr ('.t.~w Land Development Code affecting ~etbacks, parking, bult~rin~ and open space may be modified. The Emergency Review Buard may require dt)cumentation as to thc actual uses. densities, and intensities e~jsting prior to the disaster event and at the time of the original construction throtlgh such means as photographs, diagrams, plans, afl~davits, and permits prior to authorizing modificalions to the above requiremenls These rcquiremcnls may bc modified as tbllows: I) Front, rear, side, or walcrbt~dy setbacks may be modilicd to permit the reconstn~ction of existing structures that are mmconfi~rming with regard to a specitic setback so long as a) The reconstruction will not result in i.~ increase in thc height of the structure as clcfincd hy thc I.and Development Co(lc; and b) Thc ruconslruction will not rcsalt in a thrthcr diminulion of the setback. The Emergency Review Board may approve bay 12C windows, chimneys and similar archhectural l~atures that may encroach fi,rther into the sclback provided thc encroachment does not protrude beyond thc existing overh:mg of' the building 2) Front. rear, side. or waterbody setbacks may be modilied to permit the const~ction of a har~dicapped access appurtenance to any reconst~ction 3) Front, rear, side, or w;flerbody setbacks may be modified to allow the replacement of stairs or decking that provides access into any reconst~cted d~elling unit 4) Front, rear, side. or Walcrb~dy seth;leks ratty be modified to legitimize minor exisling encroachmcnls in selhacks discovered at the time of reconsl~ction 5) Buildings or sln~ctures that are tlol ill compliance with current setback regulations alld which c;m be prt~vcn to have been permilted prior to the adoption of stroh regulations shall be considered legally non-conforming and may also be rcvie~ed by the Emergency Review Board under this Section b) A diminution oF the t?onl yard svtbacks on a collector or a~erial roadway shall be consistent with fi~ture ro;~d x~idenin~ requirements. The Emergency Review J~oard is aulhorizud to inodil~, the parking requirements ~or non-rcsidenti:fi usus as est;fl~lishcd hy lhe Collier County Land Development Code In no instance shall the parking requirements be modified where the reconstruction involves ibc increase oF density or intensity of use. Stlch requirements may be modified under the fi~lJowing circumslances; I) To improve ingress and egress to thc site in accordance wilh Ihe County Access Managemcnl I'km. 2) To eliminate or reduce the instances where conditions require lhnt parked vehicles back out onto the puhlic streets 3) To allow for the provision oF h;mdical}pcd parkin~ spaces in accordance with Division 23 of Ihe Collier ('otlllly Land Development (7ode 12 1204 d The Emergency Review Board is authorizud Io modif\' the huft~'rin~ or open space requirumenls of' thu I.and I)uvelopment ('ode ~hcn such modification and reconstruction is aufl~t~rizcd in Suction ~ I ) To accommodate modifications to existing parkin~ or additional parking. 2) To accommodate changes as a result -t'rcc.nstrucfi.n In no instance shall bullbrin~ or open space areas be eliminated e. Damaged structures may not be reconstructed at a more intense use or higher dens~ly than originally p~'rmitled by the Groxvth Management I'lan and Land Development Code N. rcdcvdupmcnt al a hi~bcr density or more intense use will be permitted unless al~propriate zoning, d~velopn~ent review, building permit and other applicable land development approxals are granled lhrough normal processes as set Ibrth in the I,and Development ~.t~r~Lt?rja. The Board of (7Otl111)' ('ummis6oncrs IllilV. pllF~tlilll[ tO Chapter 252. FIc,rida Statutes. declare a Illt)rato~itlln under thc Ibllux~in~ ctmditions in order to prioritize the repair anti reconstruction tff' dan:a~cd critical public t~cilities immediately needed for public health, salL'tv and x~cll~re purposes a Initial Buil~g Moratorium IJ Declaration of an Initial Buildin~ Moratorium An inilial building moratoritun may I)c declared x~JlVll OI1U or more o1' IJle Iidlowing actions or findings occur a} The Counly is dccJilrcd a disasler atoll h)- cifl~cr thc Govcrm~r of Ihe State orFIorida or ~l~e I~residcm ot'thc United Status, b) One hundred (100) or more structures have been destroyed as deternlined hy thc ('hicl' [h61din~ Olt]cial; c) A finding bas been Inaclu hy thc l~o;irtt tff'('otllilx ('ommissionurs Ihat a state of local emergency exists in accurclancu with ('haptcr 252 of the Florida Slatutcs. or d) The ('ounty is unable to maintain minimun~ accuptahlc levels of se~'ice expected during non-emergency situations as provided fi~r hy the Capital In~proxuntcltt Element oI' thc (Jl'O~lJl SJitllil~Clllctlt Plan b 2) Duration, The initial buildin.u moralorh, m] ~,.ill remain seventy-two (72) hour~ No buiklin~ p~rmit~ ~ill be b~ued durin~ this time period Afiur expiration of this initial buiklin~ moralorium, the tbllowin~ moratorium may become ufl~cli~c up.n declaration by the ('oilier County [~Otlld or ('utmlv ('OnlmiS~ionc~s NaM moratorium may cover the entire uninct)rporalutl area .fthu Cl)IIIII)' (1[ ~llly part thereof. Destroyed Structure .~lo[~]f~[jkj!~L NO buildin~ pcrmi~ will be issued for at least Ibiny (30) days Iblh~win~ the expi~ati.n of Ihe initial building moratorium fi~r the ruplaccn~cnt ~f' any struclur~ which has been deslroyed. When a building permit is issuctl, slruclurcs tlama~cd can be rebuilt in accordance with the Builtlback i'olicv set lbrll~ herein ~J_ajor Da~a~eO~t~!clure Xhmm~rium No building permit fi~r repairs of a major damaged st~lclurc will be issued fbr al least Ion (O) days folloxving the expiration office initial building nmratt~rium Xli~.~iU~!~SlrtLc'~LLe_ Nh~r;tttu-ium No huildm~ purnl~lS fi~r thc repair of minor damaged structures will bc issued lbr at least Ibur f4) d;lFs following the ~xpiralion oCtbe initial buildin~ murah.'ium New [)evek~lm~ent No building permit rebuilding or repairing structures damaged h3 the disaster will be accepted nor building permits will be issued I~r at least tim-tv (30; days fi)llowing the expiration of the initial building moratorium so that damage may be assessed and repairs be made The Disaster Recove~T Task Force will determine and advise the Board of (~otllllv ('ommissioners xxbufl)cr a new development moratorium is required based tlptlll tile rk'suJts rd' thmlage assessment and recommendations from the ('hiel' Iiuilding Official Out sla ndin~[~ J~3't~tJ [}spgctit,L~ lur~ I) All building permits that xvure issued prit~r lu Ihe disaster will be suspended tbr a minimum period of thirty (30) days Ibllowing the expiration of the inilial buiklin~ Int~raluriunL unless Ibc Cldul' Building Official determines on an individual case-by-case basis that sufficient inspection staffis available to adequately inspect the structures should construction begin or resume. Suspension of the building permit means that no further construction authorized by the building permit is permitted and that no inspections by the Collier County Building Review and Permitting Department will be performed during the moratorium period. Applications for inspections relating to building permits suspended under this Section shall be adjusted accordingly to reflect the time period covered by this thirty (30) day moratorium. 2) The County reserves the right to reinspect any and all construction in progress pursuant to validly issued pre-disaster building permils to verify that the work in place suffered no damage as a result of the disaster. In the event that the County determines that such construction sustained damage during the disaster or suspects that damage occurred, the property owner and/or general contractor is responsible for rework, removal, retesting, and uncovering work to facilitate inspection so that compliance with the building permit and the building code can be ensured. g Outstanding Development Order Morat_c:rium 1) All development orders as defined herein issued prior to the disaster will be suspended for a minimum period of thirty (30) days following the expiration of the initial building moratorium. Suspension of the development order means that no development order work is authorized and that no development order inspections by the Collier County Community Development and Environmental Services Division will be performed during the moratorium. Applications for development orders suspended under this section will be adjusted accordingly to reflect the time period covered by this thirty (30) day moratorium. 2) The County reserves the right to reinspect any and all development order work in place prior to the disaster to verify that the work in place was not damaged during the disaster. In the event that the County determines that development order work in place was damaged during the disaster or suspects that damage occurred, the developer will be responsible for 15 4 rewmk, removal, rete.,,ting. ~,nd unco',cring ~ork to titcilitate inspection. so that compliance with Ibc development order documents and the l.and Development Code can be ensured h. Site. Devc~p~g~t J'Jan..SyJ~di.yisitm I'lal Reviews. and Zoning Request_ I) Site Plans which bare been suhmitted 1o 1he ('~mnlv prior Io Ibc disaster will not be reviex~'cd by lhe ('otmly Staff flu' a period of thirty (30) days tbllowing the expiration of Ibc initial building moratorium. All submittal dates and review periods will be adjusted accordingly to rellecl the time period covered by lifts Ihirly LtOJ day moratorium 2) No new site plans, zoning requests or subdivision plals will be accepted b~ the County tbr a period oflhirlv (30) da%s Ibllox~mg Ibc expiration of lhe initial building moratorium 3)All submittal dates and review periods x~ill be adjusted accordingly to ret]ecl the time period covered by this lhJrly {.llj) d;iv moratorium. i. [)t~Fat~o~t}f~lorato~i~ All moralori~ o~he~ than the initial building moratorium as enacted ~ ill bcm cfi;cci I~ thc Icn~lh t}[' I~IllL' dchcl ibcd above and may be terminated or extended by ibc Hoard O{'('Otlllly Commissioners. E nLe~encv Re~airs a No construction or reconstruction activiI) may be undcrl;:kcn without a building permit, while a building moratorium is in ~'I]~ct. however, emergency rq)airs necessaO, to prc~cnl J~0u~'y. loss of hl~. imminent collapse of a stntclure or other addiliona[ damage to thc slructurc or ils contents will not be subject of the temporary moratoria provided Ibr by in this Ordinance and shall not require individual building permits Such emergency repairs shall included but not be linfited to 1) TemporaO. roof rep;firs ~ilh ply~ood or pl;~lic ~hecting to make structures habitable or to prevent continuing d;m~a~e duc to rain and wind to building interiors and cxlcrior~ 2) Covering exterior ~'all openings with plywood or plastic sheeting. 3) Repairs to interior ceilings Io make buiklm~s habitable tlr m drain accumulalud llood ~val~rs. 4) Repairs ~o steps, and 5) Tempora~ stabilization measures to avoid imminent buildin~ or structure collapse. b Emergency repairs m buildings ur infi'astructurc Ihai house the Ibllowing organizations or activities shall nol be subject 1o any tcmporaD, moratorium because of their necessity lO prutect the puhlic health and sal~ly hy providing electrical power, potable water, x~aste x~alcr, and ctmm~unicatitms t~acilifies; emergency stabilization of roadways; police, lire and medical fiacilities; essential governmental fiscilhies, rcsponsc/rccoxc~, centers and distribution centers; debris removal activilics; and stabilization or removal of structures about to collapse. c Nothing in this Ordinance shall be conslrucd to suspend State and Federal permit regulations. a An Emergency Permi,in~ Nx's~cm ~ill be established by rite most recent buildin~ and consl~lcliun adminismtfivc cudcs lo ;tssurc il]c quality of the reconstructed buildings and structures, and zo implement the County's Buildback policy as set Ibrtb hcr~b The provisions contained in fl)e Collier County ('ons~mction and Administrative ('t)dc ~xill ~akc cflbct when a disaster designated as major or ca~asm~pbic bas allotted ('oilier County, which the Board of Courtb. ('tm]missioners rcquc~ls thc (hwcrnor m declare Collier County a disaster area Emergency Review BoartL I An Emergency Review Board ~ill he c~tablisbcd in catastrophic disaster situations ~o implemcm il]c ('uuntv's buildback pulicy Tbe Emergency Review Board will bc chaired by fl~c ('ummunitv l)~vclupmenl and Environmemal Sec'ices Atlminismm~r and will ctmsi:;t of ~be ('bier Buikting Official. Planning Serxiccs Dircclor. and thc ('ode Enlbrccmcnt Director their respective designees) Decisions ~cnd~rcd by the Emcrguncy Review Board can he appealed to the Collier ('ountv Board of Commissioners through the normal administraliv~ appeals process prmidcd I~r in Section 1.6.6 o~the Collier County Land D~velul)ment Code SECTION NINE: ECONOMIC REt~Y~!..OJb~g.N.'E I~O!3CJES_ I, The t~llowing general pt~licies will guide thc use of resources employed toward rebuilding of the community's economic base a Reopen the business community b Restore a~ricuhure and industry. c Re-establish the tourist industry 2 Damaged businesses and other ccunomic enterprises necessa~' tbr the public health and safety and t~r restorin~ the community's economic base will be allowed to use temporal' structures such as modular build]n~s, tin,bile homes, or similar type structures lo c~rry out their activities, until fl~.n' d~m~aged slruclure is rebuih or replaced according to aplqicabl~, devek~pmcnt and redevelopment regulatkms. SECTION TEN (~'l[)~gl,INgS I. When determined to he in the public intc~st, th~, [l~rd oF ('ounly Commissioners mav enter into ne~uliation ~ith a property m~ncr or owners whose improved real prt~perly has be~.n d~m~a~ed by thc dis;~slcr tbr the purpose of acquirin~ such buildings and associated land or lot lb~ transtar by sale, lease or donation IO ('oilier County when lhe Ibllowin~ conditions are met: a The prope~y must be located in an area damaged by the disaster; b The property should be fi'ce t)l'any encunflwance~, and c The building structure i1lust 1) have been damaged substanlially beyond repair or nlust have been damaged to the ~xle~l[ theft thk' cost ~l' reconstruction or repair exceeds fifty percent (50%) of the rcl~lacement v~due ol'the buildin~ or structures at the time of the dis~sler. 2) not be capable of repair because of buiklback policy provisions herein or significantly increased building costs; or 3) have been abandoned by its o~ ncr Property acquired under these conditions must he dcdi,.'ated tbr such purposes as the Board of County Commissioners may agree arc cun~i~tcnt with a Open space uses: or b Managing the land for its dedicated purposes, hox~cxzr. I~aure uses which would likely result in threats to human lit~ ur property damage or'thc same type that has occurred during previous disasters will ~ol be permitted Allowable open space uses include parks Ibr outdoor recreational activities. nature preset'es or trails, beach access, unimproved parking lots. and structures lhnctionally related to these uses sud~ as open-sided picnic thcilities, refreshment stands, or other non-habitable struclures primarily supporting the recreational activities SE('TION ELEVEN: AUTHORITY Nolhing in the ordinance limits thc at~thtnilv of d~e Board of County Commissioners to declare, repeal or extend a slate of local emergency SECTION TWELVE: I)ENALTI[~. Any person, firm. company or corporation ~ho lhils m comply with or violates any section of this Ordinance. or Ibc emergency measures which may be made effective pursuant to this O~dinancc. is guilt3 t)f ;t niisdcmc:mt)r of the second degree, and upon conviction tbr such ofihnse, may be punished by a fine not to exceed five-hundred dollars ~$500 0o) tu' by imprisonment nut to exceed sixty (60) days in the Collier ('ounlv Jail. or both. in thc discretion of the Court hearing the case. Each day t)f c~)nlJnued mm-cumpli;mce or violation will constitute a separate olK. n,c In addition Io this penally. ;my constn, ction licensee of Collier County ur the Stat~ of Florida who violates any provision of this Ordinance or the emergency measures which are off,clive as a result of this Ordinance. will be charged wilh said vk)lalk)n and have the matter heard before the appropriale Collier County Board. stale administratixe hotly, or court of law. Nothing contained herein prcxcnts thc County flora taking such other lawl~l action in any court of competent jurisdiction as is necessary tt~ prevent or remedy ~9 any failure to comply with, or violation o~. this Ordinance or the emergency measures which may be made effective according to this Ordinance St,ch other lav.'ful action includes, but is n(~t limited to, an equitable action for injunctive reliefor an action at law for damages SECTION THIRTEEN: CONFLICT...AND ,qEVERABII.ITY In the event this Ordinance conflicts with any other ordinance o£ 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 courl of competent jurisdiction, such portion shall be deemed a separate, disliuct :md independent provision and such holding shall not affect the validity of the remaining portion. SECTION FOURTEEN: INCI.USION IN TIlE COIJ.IER I~F:~?.I.O PM F, NT CODE The provisions of this Ordinance shall become and be made a p;lft of the [.and Development Code of Collier County. Florida The ~ecti~m'~ of thc Ordinance may be renumbered or re-lettered to accomplish such. and lhe ~.xord "¢)rdinance" may be changed to "Section," "Article." or any other appropriate word. SEC'FION FIFTEEN E_FFE(~TIVE DATE This Ordinance becomes effective upon filing with the Department of PASSED AND DUI..Y ADOPTED by the Board of County Commissioners of Collier County. Florida. This °'" day of ...... I ATTEST I)WIGIIT E BROCK. Clerk BOARD OF COUNTY COM*IIS.~IONF. I?S COLLIER COUNTY. FLORI DA Approved as to form and legal sufficiency: Marjor~ M Student Assistant County Attorney 2O STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Oollier County, Florida, do hereby certify that the foregoing is a true cody of: ORDINANCE NO. 98-62 Which was adopted by the Board of County Commissioners on the 23rd day of June, 1998, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 24th day of June, 1998. DWIGHT E. BROCK Clerk of Courts and Cl~r~' Ex-officio to Board of County Commissioner~. Maureen Kenyon'~ Deputy Clerk' COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISLNG OF PUBLIC IIEARINGS To: Clerk to the Board: Picnic place the following as a: ~'XX Normal legal Advertisement [] Other: (Display Ad,,'.. location, clc.) Originating Dept/Div: Comm. Dev. Scev./Planning Person: j~l~ ),.,,. Date: Petition No. (If none. give brief description): CU-98-7 Petitioner: (Name & Address): Twin Ea le Dex'elo ment Corn any LTD 4099 Tamiami Trail North Suite 301 Na les Fl. 34103 Name & Address of any personls) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) ~ O. Wri hl P.E. RWA Inc. 213. uth Ai n~oad Na les FL 34112 Hearing before BCC )CXX BZA Qther Requested Heanng datc: ~ Based on advcmsemcnt appeanng 15 days before heanng. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other [] la:gaily Required Proposed Text: (Include legal description & common location & Size: Pe~r O. Wd ht P.E. of RWA Inc. re re ntin Twine I sDevelo m nt om nv TD r in n ii hal "5' f h "RT"z nin istri t r Subsecti n 2.2.8.3 fir rivat lub t3 rro rtv I at 9467 uif: h r Driv in ion 32 Townshi 48 South Ran e 25 Easl consistin~res. Companion petition(s), if any & proposed hT,~datc: Does Petition Fee inch:de advertising cost'? [~'Yes [] No If Yes, what account should be charged for advertising costs: 113-138323-6491 l0 Reviewed by: Approved by: /)' < ~ Division Head Dat~ Lis~ Attachmenls: CounLy Manager Date _DISTRIBUTION INSTRUCTIONS For hearings before BCC or Il/A: Initiating person to complete one coy and obtain Division lIead approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessao, legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: ' [] County Manager agenda file: to Clerk's Office [] Requesting Division [] Original B. Other hearings: Initiating Division head to approve and s~bmit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ON../~ :/ Date Received: ,3 (inclucLtng this cove=) Illlllililliiliillilillililililillilliillillilllllllllllllllill illi1111111111111111111111111111111111111111i111111111111111111 LOCATIOn: Collier County courthouse ',: FAX HO.' (813} 77t-8408 , ~P.HOHE'NO: (8131 774-8605 15:09 15:29 15:36 15:43 88°03'07 'F----~9263~864 9Z:~34864 May 26, 1998 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 33940 Re: Notice of Public Hearing to consider CU-98-7, Twin Eagles Development Company Dear Judi: Please advertise the above referenced notice one time on Sunday, June 7, 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. 803277 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on TUESDAY, JUNE 23, 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-98-7, Christopher O. Wright, P.E., of RWA, Inc., representing Twin Eagles Development Company, LTD, requesting conditional use "5" of the "RT" zoning district per Section 2.2.8.3 of the Land Development Code for a private club for property located at 9467 Gulfshore Drive in Section 32, Township 48 South, Range 25 East, Collier County, Florida, consisting of 1.22 acres. All interested parties are invited to attend, to register to speak and to submit their objections, if any, in writing, to the Board prior to the public hearing. 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/Maureen Kenyon, Deputy Clerk (SEAL) May 26, 1998 ~in Eagles Development Company 4099 Tamiami Trail North, Suite 301 Naples, Fl. 34103 RE: Notice of Public Hearing to consider Petition CU-98-7 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, June 23, 1998 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, June 7, 1998. You are invited to attend this public hearing. Sincerely, Maureen Kenyon, Deputy Clerk Encl. May 26, 1998 Christopher O. Wright, P.E. RWA, Inc. 213 South Airport Road Naples, Fi. 34112 RE: Notice of Public Hearing to consider Petition CU-98-7 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Co~missioners on Tuesday, June 23, 1998 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, June 7, 1998. You are invited to attend this public hearing. Sincerely, Maureen Kenyon, Deputy Clerk Encl. RESOLUTION 98- A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF PRIVATE CLUB CONDITIONAL USE "5" IN THE "RT" ZONING DISTRICT PURSUA~T TO SECTION 2.2.8.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED SECTION 32, TOWNSHIP 48 SOUTH, P~NGE 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 ~o. ~i-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 affecteC, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of Conditional Use "5" of Section 2.2.8.3 in an."RT" zone for a private club 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 anc 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 CF ZONING APPEALS of Collier County, Florida that: ?he petition filed by Christopher O. Wright, P.E. of RWA, Inc., representing Twin Eagles Development Company, LTD with respect to the proper%%/ hereinafter described as: Exhibit "B" which is attached hereto an~ incormorated by reference herein ' be and the same is hereby approved for Conditlcnal Use "5" of Section 2.2.5.2 of the "RT" zoning district for a pri';ate club in accordance with %he Conceptual ~aster Plan (Exhibit "C"i and subject to the following conditions: The Planning & Technical Services r.!anager may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by the conditional use. Expansion of the uses identified and approved within this conditional use application, or major changes to the site plan submitted as part of this application, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Division 3.3, Site Development Plan Review and Approval, cf the Collier County Land Development Code (Ordinance No. 91-i02). The facility will be open to members between the hours of 9:00 A.M. and 8:00 P.M. A card activated gate sha[! be installed tc regulate access to the facility. The gate shall be in the closed position at all times except when activated by a member user. d. On site sale of alcoholic Deverages is prohibited. e. Loud speakers or other sound electronically amplified systems are prohibited. -- instal!a~cn of walls and all landscaped improvements shall be in place prior to any use of the property. g. l~embership is limited to persons who are residents of the Twin Eagles Golf and Country Club Co~u~unity except that in the interim and until seventy-five {v5%) percent of all of the residential lots in the Twin Eagles Golf and Country Club Subdivision are developed, equity golf club members may enjoy privileges offered by the beach front facility. h. No lighting standard shall exceed a height of fourteen (14') feet and illumination shall not spill beyond the boundaries of the property. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. -2- This Resolution adopted after motion, second and majority vote. Done this day of , t998. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, Clerk BY: BARBARA B. BERRY, Chairman Approved as to Form and Legal Sufficiency: Student -- Assistant County Attorney f/CU-9~-~ ~ESCLUT:ON -3- FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-98-7 The following facts are found: Section 2.2.8.3.5 of the Land Development Code authorized the conditional use. G~a ...... g[he conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Deve!cpment Code and Growth Hanagement Plan: Yes No B. Ingress and egress to property and proposed structures thereon winh particular reference to automotive and pedestrlan safety and convenience, ,. traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No C. 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, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: CHA I RMAN: f/CU-98-7 ?i:,~Di~';G GF FACT CHAIP_~2~/ Exhibit "A" A TRACT OR P,~[; OF LAND _SI?I,JATEO 1N THE STA_T~I~,;trlrI, ORIDA.'.C,~IU~. COLLIER.-. L*~N,'3 ,1 SECTION 32. TOWNSHIE3..4~, SOUTH, RANC[.'~L~;..'"~T,. BEING LOT ',~:~,. BLOCK .' ' ..:. "~. , . COUk, I[NCING Al A RAILPOAO SPff<[ MARI,,IN~ TH[ ~IF,.CTI0,N 01:' TI,.t~.Oi'HT[RLII',IE OF GULF SHOE[ DRIVE (70.00 F£~I' W~DE) Arid THE NOR-~H-:RIGHT OF' WAY LIN~.'OF COUNT'¢ ROAD ~O 5-862 (VANDERBILT BEACH ROAD - 100,01~'F~ET WIDE),, AS' SH~N ON SAID" RECOR0 FLOr OF CONNER'S VANL"~ERBILT D.E~CH ¢~U.I~IJ~. ON; e-~D [N'T~CTION LYING" N.80'OO'15'W AT 36.78 FEET FROM THE sOUrHWEST;~)'RNER or LOI" 1. '15AID BLOCK ,.t. 4~ERL.NE OF' GULF SHORE DRIVE, FOR ~315.52 F.~[ET;' THENCE N.81'50~55"[. FOR 35 '3~ FE',?T TO THE POINT Of BEGINNING OF T~E FAST'pARCEL (S/',JO NORTH'ONE ~-.~tl:' Or LOT ':. PLC:?K a A/ID IH[ SOUTH ONE HAL~' Or' LOI~,~2, BLOCK Et); THENCE CO~JI'INUE N BI'%6[,:)"E. FOR 200.00 FEET; TH[NC[ N.08'0.¥05"#,. ALONG THE'FAST LIN~' OF ".AID BL:_~CI" 9. ~',)~, ~O0.00 FEET; THENCE S.-.~1'56'55.'~t~,' FOR 200.00 FF_,['I; 't'HENCE $ O,e'OS'GS'E. ~LONG THE: EAST RIGHT OF WAY LINE 'OF S4MD GULF SHOREr'DRIVE, rOE ICY3~ 0O FEET 1'0 THE POINT OF B,E~GINNINC, OF S, AJO ,,_-,.~3.-~':'IAARC£L''.~; :' ..- i';:?,'.~'"t.. .,;. .. : :,,~,, '...,.. }.:. ,.' ,... . , CCuuD;t~t~G Al SAID POINT OF BEGINN~qG CF THE ~43~CEL; lHruN13[[-.~:~1'56'55'W iCaOS3 3~iD f;,ULF SHORE DRrcE, FOR' 70.00 FEE'[ THE:'130tN? OF ,BEG1NN1NG"OF' THE WEST P~P';EL (LA~£', ~.C,! 1.~, BLtJ(K A); IH£NCE ri OB'0b'OS~;'}.Ak'ONG fNE .WEST RIGHT OF WAr . LufF_ 0¢ Sa, O ;'~t¢ SHOP[ DRIVE, FOR 10000 FEET;..~Hi~NC[ S.81'56'~5.'W.:;ALoNG ~HE.' NOPTH L!¢~¢'_ C~-" ~.AI0 LOT 13. BLOCK A. FOR 334.7 F~.-;'r~ TH[ M~AN'HIGH:-WAT£R LINE'; C,F IH[ GULF ;;,~' MEXICO: TH[NC['SOUIHEI~L3 ALONG~iI[~.'MEAN HR~'.WATk*'~ LINE FOR ;00~ FEET. ,U.~,-~E _OR LESS TO AN'hNrrERSECTIOH WITH.'.-'Tri~.~;0U?H LIN£;.OK ~JD LOT ~3, _BEA,~l~¢.c 5 ~ ,'.6'55'W. c'ROM TILE: POINT or .nEGINNIN0;TI,. T'HENCE N./~!~56:55;'E. ALON.a ~At['J .OU]'H I IN~. FOR -~.'3 ~ rEEL UORE nR ~[$5 T0J~'[NE. POU~T OF"SL~; .~.C OF THE · WE~,t ~'~C£L ' . ~:t. · ..... . ,.. · .~.....~ :. ~.~ .~?. _' · PAFCEL$ COuBINED CONT*I!.I 53195'SOU,~RE' fEET OR(,~J~2~:AC.R£S, MOREL0J~,.LES~ ,O ,aL SO ,RE LESS. · ~ ' ~ ' '.':~.' .' .':~'.:~.: .. Exhibit "B" It.' I, r~ ~- .............. ~ ~ , ,_r ~! , I, i-- -~ ~o ,i I .L J'-~ ,, ' ,~ ,, ,~ ~,5 ~ r, ~ ~_~- ~, -: ,, I, .~: ~, ,~_ ~ ,, I , ~ I~ ~ % ......... ~ ~ :i-~~ ~ I ~ Iii ~ ~ ........ ,, I ~ I I I I I Il i1' -""- "--A.J°I ~ ,,,: L ............. 1i L J ~ ' ,~, ~ ........ ~ ...... !t , , ,. ~ _ _ -~ Exhibit "C" 13,~1 I,.' Ii h I,: I! DAV1D LAWI~NC~ CENTER WlL~ON ,~ MILLER ]Ai~(] 3~OHS ; I 13~1 ? Memo Date: 5/20t98 TO: ~1. William Moss City of Marco, City Manager FROM: Rnnald f. Nino, AICP Current Planning Section Mana/~er SL,FBJ: MIPB and MICC i)ct{tions Please be advised that the following items ....'ill be heard by the Marco island Planning Board at their public i~caring on June 26, 1998: .; PUD-98-2 Old Marco Inn V-98.? Lazaru.qMorris The Count.,,' s,aff has prepared these advertisings and arranged for Iheir publications, however. it will be necessary for the City Attorney or some other designated official to advertise a date at which time these publications '.','ill be heard by the Cit.,,' of Marco Island Cit.,,' Council. For you information we have enclosed a copy of our advertisements for public hearings before the Marco Island Planning Board. Naples Daily News Naples, FL 33940 Affidavit of Publication Naples Oaity News BOARD OF COUNTY COMNISS%ONERS ATTN: NANCY SALOGUB PO BOX 413016 NAPLES FL 34101-3016 REFERENCE: 001230 803277 57702428 ~TICE OF PUBLIC HEA State of Florida County of Collier Before the undersigned authority, personalty appeared 8. Lamb, who on oath says that she serves aa the Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper o~ dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples/ in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class eail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or coporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 06/07 NOTICE OF PUBLIC HEARING Notice Is hereby given ,.ornm $~$ Of Cotllet' Co,inly, ~dll ho~cl 0 Pub C heorlng on TUESDAY, JUNE 23, 1~98, In tt~e Boordroom, 3rd Foor, Ad- mlnlsfrofl~l ~ulldlng, tier Cour~f Government Cer~er, 3~01 Eosf ToaD- mi Troll, Nol~le$, Florldo. The meefl~ will begin Ot 9:00 A.N~. The ~:~C~d will co~slde~ PefHto~ CU-98.?, Christopher O. Wright, P~. ~ RWA, I~., re~e- se~l~ T~n E~$ velopmenf Com~ony LTD~ r~e~flng Co~i. ~ u~ "5" of ~e z~l~ ~s~ ~ ~i~ 2.2J.3 ~ ~ L~d Devel. u~ ~ f~ a prlv~e ~ f~ ~e~ I~ed ~ 9~7 ~u~sh~e Or,ye In ~l~ 32, Township 48 ~, R~ 2~ Eost, C~- ~ sisfl~ ~ I.~ ~re~ ~ All Imerested P~ es ~e I~v~ to ~d, to onv, In ~, ~ ~e h~i~. Any ~r~ ~o ~. ~ ~d will ne~ o re- de ~ a v~m ~, ~h raced In- c1~$ ~e fe~y ~ ~ls~be~ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BARBARA B. 8E~RY, CHAIR~N DWIGHT E, BROCK, Ju~ 7 ~. 12178~ AD SPACE: 62.000 INCH FILED ON: 06/08/98 Signature of Affiant Sworn to and Subscribed before me this~ ~ day of PersonaLLy known by me ~.~C*~;( , ,_~, ..... ,~-~,-~... RESOLUTION 98- 23& A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF PRIVATE CLUB CONDITIONAL USE "5" IN THE "PT" ZONING DISTRICT PURSUANT TO SECTION 2.2.8.3 OF TIlE COI,I,IEE COUNTY I,AND DEVELOPMENT COD£ FOR PROPERTY LOCATED IN SECTION 32, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. WHEPEAS, the Legislature of the State of Florida in Chapter 67-!246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier Co,]nty the ~,,w,:r 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. 9i-102) which includes a Ccmprehensi';e Zoning Ordinance establishing regulations for the zoning o[ particular geographic diuisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Collier CDunty Planning Co:mission, being the duly appointed and constituted planning board for the area hereby affected, has held a public heari~c after notice as ~n said regulations made and provided, and has considered the advisability of Conditional Use "5" of Section 2.2.%.3 in an "PT" zone for a private club on the property hereinafter de~cribed, and has found as a matter of fact {Exhibit "A") that satisfactory provision and arrangement have been made concerning ail applicable matters required by said regulations and in accordance with Subsection £.7.4.4 o[ the Land Devei~pmen~ Code for the Collier County Planning Commissi~n; and WHEREAS, all interested parties have been ~iven 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 o£ Collier County, Florida that: -1- Th . [,:,.ition filed by Chzi~top,h,;r O. Wri.:ht p L. o! RWA, Inc., represen~ ir,-~ Twin Eagles Development Company, LTD with ~espect to the proper:',,' ?..:.reinafter d_scr,b_j as: ".2" which is attached hereto ,~nJ inccr~orated by herein be and the 7]r.e is hereby approved for Conditionai Use "5" of Section 2.2.8.3 .~.f the "PT" zoning disLri,::. !or a private club in accordance with the Conceptual Master Plan (Exhibit "q", .~nd su?,j,:ct to the followin? ccnJitions: The Planning 6 Technical Services Manager may approve rlnsr changes in the location, hiring, or h,~i,jht o! r_u:-dings, structures, and improvements authorized by ~he conditional use. Expansion of the use:~ id,~ntL~ied ~r.~ approved within this conditional use application, .r rajor changes %o the site plan s'th~tltte'~ ds part of this application, shall re~ulre the r~ubm:zta[ of a new :tr. Ji:ionai use application, and shall comply with all ~:iicable County ordinance:- in elf .... a- 'he tim,t of >.:a:r. lttal, inciudin~ 2'i'.'is: n 3.], .Fire le'.'elepment Fian Review and Approval, :; the t':,liler 'iquntty Land ~e'.'eiopmenz Code (Ordinan~.: ::o. ~l-ili. . approval authorizc, s '~''':' 'const r'.c'.ion .t *i~e ::~.:ilicies shown on ~he Master }ian. The facilities shall be ccnstructed in substantial rDnformance to the Master ~[,~n with only mini-ir r~e'.'iations to accomm, odate the constr ;rtlcn ~rocess. The facilities shall operate ~-.~.. as an amenity ~o che 7win Eagles Golf and Count:). Clu:. Le'.'ei-~.ment, for use -:.l:,' by members and guest.,; ~.f the Petitioner intends, and will, operate this [aciiity ,~ reasonable manner so th,~t it will n<.t have ';nreasonable adverse impact on adJ= .... t residen[ial !:rzperties. · - -acz,ztz_s shall be oper, only between 8:CO AM and ~¢~' The ' su ...... snack oar must close at that time and use of the [ool and other facilities must cease. All users must depart the facility within 30 minutes after sunset. Petitioner shali ~e responsible for strictly .~.~,~r~l,.C these hours. Tr.<- only o:-:c~:~tlons authorized are as follows: Overnight guests ant/ir resident manager in tile 'lying units mai· use 'hose units. There can be as many as six events each year in which the facility may ~e open until 10:00PM. The maximum number of people which may be on the premises at any one time shall be limited to 112 persons. Two (2) weeks prior to each event notice shall be delivered to the property managers or other owner representatives of the adjacent properties of the date of each event. -2- '7he facility will h.ave on-site management during all hours that it is open ret. sin on-site after cicsing to ensure that those 5peratlng day to F~e in conformance with these stipulations are, in fact, done. In addition, the Petitioner will pro'lido t~ the c,~nd~minium r~anaqer of the adjoining conOomlniums the name and phone number of a responsible person within Petitioner's crqanlzation who can respond tc problems or emergencies at the site during non-operating hours. Food ger';ice will be limited to a s~r, dwich/grii! type operation. Cooking facilities will have proper odor scrubbing exhaust equipment. This will not apply to barbecue-type cookers that may ke u~ed at the special events descrlzed Trash and garbage ~= ~ ~ ~cep~a_~es will be enclosed and will be removed from the beach-~ide facilities at the close of each operating day. 9. The roofs of any buildings on the site, and the pool deck, will be of a non-glare material in a muted color. Lighting shall be designed so as to eliminate spill over on to adjacent properties. Light poles shall be no more than !5 feet in height and shall be of a material and color compatible with the design of the facility. ii. ?arking areas will be utilized only by authorized users cf the facility, and (on the beach-side) will have ~evices to prevent ingress and egress to the parking area during non-operating hours. 12. Beach chairs, umbrellas, cabanas, and similar devices g~plied by the club shall only be used on the beach in Jr2nt of the club, defined as the Seach area within the area enclosed by the prcFerty lines of the club, =->:tended to the edge of th~. water. shall be no personal ,,:atercra:~'. qr per:~onal leoats (Hcbie Cats and ~he like], allowed on the side. lzz~:s in connection with access via the Vanderbilt au-.on may not be used ....... ~c. the b~r'hi~ or mooring of c>ats In excess of ~ ' FURTHER RESOLVED that this Resolution be recorded in the minutes _f this Board. -3- This Resolution adopted after motion, second and majority vote. Done ~his .~/-,~ day of )'~-~..e./ , 1998. Attest as to Chal~an's signature ATTEST: DWIGHT E. BROCK, Clerk Approved as to Form and Legal Sufficiency: Marj.6rie !.i. Stud_hr Assistant Count}, Attorney BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BARBARA B. BEPRY, Chairman -4- FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDiTiONAL USE PETITION FOR CU- 98-7 The following facts are found: Section 2.2.8.3.5 of the Land Development Code authorized the conditional use. o Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: Ao Consistency with the Land Development Code and Growth Management ~ Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and acc%ss in case of fire or catastrophe: Adequate ingress &/egr_.e. ss Yes C.-'- No C. Affects neighboring properties in relation to noise, glare, ~c~mic or odor effects: ~' No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes Based on the above findings, this conditional us with approvalstipulations,/{ ~' ~, cody/attached) ( should/~ . . no t ) b/~~~o me--~--~-a"~- f o r f/CU-98-7 FINDING OF FACT MEMBER/ Exhibit "A" FI~ING OF FACT BY COLLIER CO.STY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-98-7 The = ~ol!owing facts are found: Section 2.2.8.3.5 of the Land Development Code authorized the conditional use. o Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: io Consistency with :he Land Development Code and Growth Management P~an: Yes ~-- No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and acc%ss in case of fire or catastrophe: Adequate ingress & e~ess Yes V No C. Affects neighboring properties in relation to noise, glare, ec/~omic or odor effects: ~No affect or Affect mitigated by Affect cannot be miti_uated D. Compatibility with adjacent properties and other property in the district: Compatible use 3~ithin district Yes .. ~/ No Based on the above findings, this conditional use should~ with stipulations (copy attached) L_~ ....... ' ~--" ,,, :' -:--, be recommen~e~ for approval ~ 2. ~/~~x___~ DATE: /~ ~F ~/ ~'f' MEMBER: / f/CU-98-7 FINDING OF FACT MEMBER/ Exhibit "A" FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-98-7 The folicwing facts are found: Section 2.2.8.3.5 of the Land Development Code authorized the conditional use. o Granting the conditional use will not adversely affect the public interest and wii~ not adversely affect other property cr uses in the same district or neighborhood because of: Ao Consistency with the Land Development Code and Growth Management Plan: Yes ~ No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and acc%ss in case of fire or catastrophe: Adequate ingress & egress Yes ~ No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated Do 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, (copy attached) (~ be ×recommended fo~ approval //-' '- A //~'/ ,.,,, / f/CU-98-7 FINDING OF FACT MEMBER/ Exhibit "A" FINDING OF FACT BY COLLIER COUNTY PLAN~ING COMiMISSiON FOR A CONDITIONAL USE PETITION FOR CU-98-7 The following facts are found: Section 2.2.8.3.5 of the Land Development Code authorized the conditional use. o Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: 2onsistency with the Land Ceveicpment Code and Growth Management Plan: Yes I./ No B. ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and acc%ss in case of fire or catastrophe: Adequate ingress & egress Yes /~ No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: / No affect or Affect mitigated by Affect cannot be mitigated D o 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, (copy attached) (should not) be recommended for approval f/CU-98-7 FIelDING OF FACT MEMBER/ Exhibit "~" FINDING OF FACT BY COLLIER COUNTY PLA~ING CGMMISSiCN FOR A CONDITIONAL USE PETITION FOR CU- 98-7 The following facts are found: Sectlon 2.2.8.3.5 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and wlll not adversely affect other proper~y or uses in the same district or nei?hborhocd because of: A.Conslstency with the Land Deveicpmen~ Code and Growth Management Plan: Ye s z No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and acc%ss in case of fire or catastrophe: Adequate ingress & egress Yes No C. Affects neighboring properties in relation to noise, glare, economlc or odor effects: ,,..-' NO affect or Affect mitigated by Affect c~'nnot~ be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within distr:ct Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached)~onot) be recommended for approval DATE: f/CU-98-7 FINDING OF FACT MEMBER/ Exhibit "A" FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-98-7 The following facts are found: Section 2.2.8.3.5 of the Land Development Code authorized the conditional use. Granting the conditional Use will not adversely affect the public interest and will not adversely affect other property or uses in the same district cr neighborhood because of: A. Consistency with the Land Deveiopmen~. Code and Growth Management Plan: / Yes / No B. 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 or catastrophe: Adequate ingres~ & egress Yes ~/ No C. Affects neighboring properties in relation to noise, glare, ecoj~omic or odor effects: u~- No affect or Affect mitigated by Affect cannot be mitigated Do Compatibility with adjacent properties and other property in the district: Compatible use w~thi~/district Yes ~-' No Based on the above findings, this conditional use should, with stipulations, (copy attached) (s~) be recommended for DATE:ap proval'~/~/ ~ RMAN~~ / ./ ~.. CHAI ~ f/CU-98-7 FINDING OF FACT CHAIRMAN/ Exhibit "A" ' ';.' · ' t( , ' ' ,l~l~tl;" ' · 2,.-i- :.'41~""'- . A TE~T ~ P~ or ~ND ~O ~N THE STA~,t~OR~'.~~-COLLIER.,' L~l~ itl SECTION 52, TOWNSH~ ~ SOU~. ~NG[~.~T. BEl~ ~T ~, BL~K I. THE PIORTH ~E ~ ~ LOT 11;,~ B ~ND ~[ S~[ ~ OF ~T;,12, BLC~K CC. HH[R'S VAHOERBILT B~CH. SU~IVISIOH. P~T~E.E-, 5, PAGES 8 ~ g, CgLUER COIJN~ PUBLIC RECORDS, AND. BEING FURTHER ~OA~ DESCRIB[O'.'~ FOLLOWSt COUuEHC~NG AT A ~LROAD SP~E U~s'(~;G THE I~TI~ OF T~.~E~Ut~E OF GULF ~HOEE DR~vE (70.00 KE~.W)DE) N4D lHE NO~:RI~T OF WAY L~'OF COUN~ ROAD NO. 5-862 ~ANDERBILT B~CH ROAD - 100.~t~ m~),. AS' S~N ON RECORD ~T OF CONNER'S VAN~RBILT ~E~CH SU~QN, ~D I~~ON LY~' N.80'09'~5~. A~ 36.78 FE~ FROM THE 50UrHWEST;.'~NEE OF LOT 1, ~D BLOCK CONNEP'_~ VANOER~LT REACH SUBD~0~, IHENCE' ~05'05'W. CEHTERL~NE OK GULF SNO~E DRY, FOR ~)~5.32 E[~;' THENCE N.81'~5'E., FOE 55 gO FED l0 THE POINT OF BEGINNING OK THE ~ST.'~EL (SNO N~H ONE HAL~' OF LOT t,, BLOCK B ~D THE SOUiH ONE H~L~ CF LO~),)2, BL~K B); TH[~[ N.8~'~6'55"E. FOR 200.00 FEET; THENCE N08'03'05~,.~NG THE ~T LI~ 0F BLOCK B, FOP 1gO.OD FEET; THEHCE ~ ~1'56'55~[,' FOR 200.~ F~; IHFHCE S 08'05'05"E. ALONG THE EAST R~HT OF wA~' LINE ..OF ~O GULF S~-DR~E, FOR I~ O0 FEET FO T~ POINT OF BEGINNING OF ~O ~j..PARCEL, .~",',~. ... , .' ~ , CCUU[HC~HG AT SAID POIN[ OF BEGINNing CF tHE E~C~' T~E $'~1'56'55~ ACROSS ?ID GULF SHORE DRN[, FOR' 70.00 FEEl THE~ OF '8E~"~F THE WES'T. P~RCEL (~lb LO[ 13, BL~K A): ~HENC[ N OS'O3'OS~;'~ONG IHE.~T R~I OF WAY . L~E OF '3A~D 5bLF SHORE DRi~,' FOR ~ FE~;~ S.81'~'~..':~ONG IRE '. NORTH Lf~E OF ~10 LOT ~3. BL~K A, FOR 354.7 F~'~0 ~E M~H~;.WATER LINE'; OF IHS GULF OF MEXICO: THENCE' SOUTHERL3 ALONG~M~N H~'.WAT~ UNE FOR' S~.2 FEET. MORE ~ LESS TO ~ ~ERSECTION WlT~.~.~OUTH UNE~.,~D LOT 15, 8EADI~G ~ EV56'55~. FROM lite POINI C,F 9EGINNI~ T~NCE N~r55t~'E. ALOHG SAiO SOUIH ~[. FOR 529 2 FE~, MORE F)D ~ESS, T~.~O[N3 ~.'8EG~G OF THE wEsr , CEL .; '., -' PAFCEL5 COMBINED. CONTAPi 53195 'SOUAPE F[~ OR.~,22~RES, .~RE-.~' LESS. WEST ~A~CEL CONTNNS 33196 S~[ FEfr O~ 0.~~'," MOR~ OR Exhibit "B" I COLLIER COUNTY FLORIDA i~QUEST FOR LEGAL ADVERTISING OF PUBLIC ItEARINGS To: Clerk to the Board: Please place the following as a: XXX Normal legal Advertisement (Display Adv.. location, etc.) [] Other: Originating Dcpt/Div: Comm. Dev. Serv./Pianning Person: "' ' ' ' Date: . '. Petition No. (If none. give brief description): CU-984 Petitioner: (Name & Address): Crossroads C0mmunitv Church, Inc., 2057 Trade Center Wa,,', Naples, FL 34109 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Dr. Ncno J. Spagna, Florida Urban Institute, Inc., 3850 27~ Avenue, SW, Naples, FL 34117 Hearing before BCC XXX BZA Other Newspaper(s) to be used: (Complete only if important): Based on advertisement appearing 15 days before hearing. XXX Naples Daily News Other [] Legally Required Proposed Text: (Include legal description & common location & Size: Petition No. CU-984, Dr. Ncno.,l. Spagna, of Florida Urban Institute, Inc., representing Crossroads C0mmuniW Church, Inc., requesting Conditional Use 7Ab'~th~ A zomng district for a church and da',' care center for property located on the Northeast comer of the Vanderbilt Beach Road Extension and Livingston Road Extension, in Section 31, Township 48 South, Range 26 East, Collier Count;', Florida, consisting of i0 acres plus or minus. Companion petition(s), if any & proposed hTri.~te: Does Petition Fee include advertising cost? [~/'es [] No If Yes, what account should be charged for advertising costs: Reviewed by: Approved by: Division Head Date / Count).' Manager Date List Attachments: DISTRIBUTION INSTRUCTIONS For hearings before BCC or BZA: Initiating person to complete one co)' and obtain DMsion llead approval before submitting to County Manager. Note: If legal document is invoh'ed, be sure that any necessao.' legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: [] County Manager agenda tile: to Clerk's Office [] Requesting DMsion [] Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY: Date ~: ~-'-,,/>-'e//,-5/¢' 'Date of Public hearing: ~ Date Advertised: ./--//?//9,J5 (includin~ th.is cove~) 15 2 111111111111111111111111111111111111111111111111111111111111111 263-4864 FROHt ELLIE HOFF}tAH - M~NUI~S & RECORDS LOCA~ZOlq.' Collier County CoUrthouse FAX H6** (813) 77~-8408 , ~ON~'~O: (81:3) 774-8406 00° 01' 13 713 888 9000 OK 00° 01' 5~ 92G~86~ OK ~68C~151 May 21, 1998 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 33940 Re: Notice of Public Hearing to Consider Petition CU-98-4 Dear Judi: Please advertise the above referenced notice one time on Sunday, June 7, 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. 803277 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on TUESDAY, JUNE 23, 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-98-4, Dr. Neno J. Spagna, of Florida Urban Institute, Inc., representing Crossroads Community Church, Inc., requesting Conditional Use "7" and "11" of the "A" zoning district for a church and day care center for property located on the Northeast corner of the Vanderbilt Beach Road Extension and Livingston Road Extension, in Section 31, Township 48 South, Range 26 East, Collier County, Florida, consisting of 10 acres plus or minus. 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/Ellie Hoffman, Deputy Clerk ( SEAL ) May 21, 1998 Crossroads Community Church, Inc. 2057 Trade Center Way Naples, FL 34109 Re: Notice of Public Hearing to consider Petition CU-98-4 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, June 23, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, June 7, 1998. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure May 21, 1998 Dr. Neno J. Spagna Florida Urban Institute, Inc. 3850 27th Avenue, S.W. Naples, FL 34117 Re: Notice of Public Hearing to consider Petition CU-98-4 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, June 23, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, June 7, 1998. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure RESOLUTION 98- A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF CHURCH AND DAY CARE CENTER CONDITIONAL USE "7" AND "11" IN THE "A" ZONING DISTRICT PURSUANT TO SECTION 2.2.2.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 31, TOWNSHIP 48 SOUTH, RANGE 26 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 enfcrce 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 Uses "7" and "11" of Section 2.2.2.3 in an "A" zone for a church and day care 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 requir.~d 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 Dr. Neno j. Spagna of Florida Urban Institute, Inc., representing Crossroads Community Church, Inc., with respect to the property hereinafter described as: Exhibit "B" which is attached hereto ~nd incorporated by reference herein be and the same is hereby approved for Conditional Use "7" and "11" of Section 2.2.2.3 of the "A" zoning district for a church and day care center in accordance with the Conceptual l{aster Plan (Exhibit "C"] and subject to the following conditions: A copy of SEWMD Permit or Early Work Permit is required prior to final site plan approval. Work within Collier County right-of-way shall meet the requirements of Collier County Right-of-Way Ordinance No. 93-64. 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 Staff. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. An appropriate portion of native vegetation shall be retained on site as required in 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. Substantial competent evidence shall be provided at the time of Site Development Plan (SDP) Review that the project is designed to provide capacity and treatment for historical roadway runoff. In addition, site drainage shall not be permitted to discharge directly into any roadway drainage system. Prior to Site Development Plan Review the pe[itioner shall be required to review the-site plan with the Office of Capital Projects with respect to future riuht-of-way requirements for Livingston Road and Vanderbilt Beach Road Extension. Site-specific issues, such as turn lanes and street lighting, shall be reviewed and provided for at the site development plan stage. Pursuant to Section 2.2.25.8 of the Land Development Code, if, during the course of site clearing, excavation er other construction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be inunediately stopped and the Collier County Code Enforcement Department contacted. -2- BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Do.~e this day of , 1998. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, Clerk BY: BARBARA B. BERRY, Chairman Apprcved as to Form and Legal Sufficiency: Marjc~ie M. Stddent Assistant County Attorney -3- I3 2 LEGAL DESCRIPTION Section 31 Range 26 East Township 48 South The Southwest 1/4 of Southwest 1/4 of Southwest 1/4 and the West 1/2 of the West 1/2 of the Southeast 1/4 of the Southwest 1/4 of the Southwest I/4 Section 31, Township 48 South, Range 26 East, less the South 150' thereof for road right-of-way, Collier County Florida, containing I0 acres more or less. OR 1499, Page 1345. (Generally located on the Northeast corner of the Vanderbilt Beach Road Extension and Livingston Road Extended). 3~0~ £xchenle Av~ Naplll. ~ 34104 (94~) 403- I?~.O Master Plan Crc~ss __IM~_ _s EXHIBIT "C" NapLes DaiLy Ne~s NapLes, FL 339~0 Affidavit of PubLtcatio~ NapLes DaiLy Ne~a BOARD OF COUNTY COI~M[SSIONERS ATTN: NANCY SALOGUB PO BOX &1~016 NAPLES FL 34101-~016 REFERENCE: 001230 803277 57703327 NOTICE OF PUBL%C HEA State of Florida County of ColLier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she servel as the Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates Listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, FLorida, and that the satd newspaper has heretofore been continuously published in said Collier County, FLorida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, FLorida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or coporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 06/07 NOTICE C~: PLIBL lC HEARING Notice t$ hereby eiver~ mot ~ ~ of C~ ~, ~11 h~d O he.trig on TUESDAY, JUNE 23. 1~, in ~e ~r~ ~d FI~ Ad- liar C~ ~v~nme~ Ce~er, 3~t E~I Tom.- The me~fl~ will' ~gln ~ 9:~ A.~. : The B~d will c~l~ J. ~g~, ~Cl~l~ Ur- ~n Insfl~e. I~., re~e- senlln~ Cros~roods Commun~ Ch~ch/ I~. requesting CondHIonol USe "7" o~ 'q I" of ~e the Vonderbllt Beoch R~ E~I~ ~ LIv- 3~, T~ID ~e ~ o v~m ~ ~ te~v ~ ev~e ~ ~lch ~ ls~be~ D OF COUNTY COMMISSIONERS COLLIER COUNTY, ~OA BARBARA B. BERRY. CHAIR~N DWIGHT E. BROCK. CLERK By:/s/Ellle A ~ CI~ L) Ju~ 7 NO. AD SPACE: 59.000 INCH FILED ON: 06/08/98 ........ ..................................... S~orn to and Subscribed before me this ~ day of ~.,_., 19F'y'~ Personally known by me ,~ ,. '//,_; . / ~ * ~.', -'~: ~ ~ J.~dpth A Flamgan RESOLUTiO~I 98- 236 A RESOLUTIOI.I PROVIDIIiG FOR TIlE ESTABLISHMENT OF CHURCH AND DAY (;ARE CEIITER CONDITIONAL USE "7" A:ID '~t1" Iii THE "A" ZOIIING DISTRICT PURSUA~IT TO SECTIO~I 2.2.2.3 OF THE COLLIER COU~ITY LA,ID DEVELOPRE;iT CODE FOR PROPERTY LOCATED IN SECTION 31, TOWNSHIP 48 SOUTH, RAIIGE 26 EAST, COLLIER COUI.ITY, FLORIDA. WHEREAS, the Legislature of t~e 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 zonin~ of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Collier County f'lanning Co~,r, ission, 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 Uses "7" and "11" of Section 2.2.2.3 in an "A" zone for a church and day care center on the property hereinafter described, and has fcun~ as a matter of fact {Exhibit "A") that satisfactory provision and arrangement have been made concerning all applicable matters requireo 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. ~¢OW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of Collier County, Florida that: -1- ?Ke petition filed by Dr. Neno ~. Spagna of Florida Urban Institute, Inc., representing Crossroads Com~munity Church, Inc., with respect to the property hereinafter described as: Exhibit "B" which is attached hereto and incorporated by --f-.-nY. herein be and the same is hereby approved for Conditional Use "7" and "]1" of Section 2.2.2.3 cf the "A" zoning district for a church and day care center in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the following conditions: i.A copy of SFWMD Permit or Early Work ?ermit is ~equ]red prior to final site plan approval. 2. Work within Collier County right-of-way shall meet the requirements of Collier County Right-of-Way Ordinance No. 93-64. Environmental permitting shall be ir, accordance with the State of Florida Envirenmental Resource Permit Rules and be subject to review and approval by Current Planning Environmental Staff· Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. 4. An appropriate portion of native vegetation shall be retained on site as required in 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 nativ~ -,.~-ati~, shall be submitted to Current Planning En'.'ircnrental St-~ for review and approval prior to fina' site $1an/ccnstruction plan approval. ' Substantial competent evidence shall be provided at the time of Site Development Plan (SDP) Review that the project is designed to provide capacity and treatment for historical roadway runoff. In addition, site drainage shall not be permitted to discharge directly into any roadway drainage system. Prior to Site Development Plan Review the petitioner shall be required to review the site plan with the Office of Capital Projects with respect to future right-of-way requirements for Livingston Road and Vanderbilt Beach Road Extension. Site-specific issues, such as turn lanes and street lighting, shall be reviewed and provided for at the site development plan stage. Pursuant to Section 2.2.25.8 of the Land Development Code, if, during the course of site clearing, excavation or other construction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be i~ediately stopped and the Collier County Code Enforcement Department contacted. -2- 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 ~-QC~ day of ("~,,~c , 1998. BOARD OF ZONI~IG APPEALS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, Clerk Approved as to Fo~m and Legal Sufficiency: Marjc~ie £~. Student Assistant County Attorney f,'CU- ~-~ .: ES CLUT i ON Attest .~ t'~ Chairman's slgnjcure ~nl~. -3- FINDING OF FACT BY COLLIER COUNTY P~.~A_NNING COMMiSSiON FOR A CONDITIONAL USE PETITIOM FOR CU-98-4 The following facts are found: Section 2.2.2.3.7 and 2.2.2.3.11 of the Land Development Code authorized the conditional use. o Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or ~'~' ~ n_l~nbc~..~od because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes t.~ No B. ingress and egress to .~roperty and proposed structur,_.::, thereon 'with particular reference to automotive and pedestrian safety and convenience, traffic flow and con_~ol, and access in case of fire or catastrophe: Adequate ingre~/& ?gress Yes No C Affects neighboring .~.?=~ in ~=] · $ ........ s -__ation to noise, glare, eco~..mic or odor effects: No affect or.. Affect mitigated by Affect canno~ be mitigated Do Compatibility with adjacent properties and other property in the distri-~:~- Compatible use wit~ district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (~'~=~) be recommended/z~r approval f/C~J-gB-4 Fi:rDiNG CF FACT EXHIBIT "A" 13/ 2 LEGAL DESCRIPTION Section 31 Range 26 East Township 48 South The Southwest 1/4 of Southwest 1/4 of Southwest 1/4 and the West 1/2 of the West 1/2 of the Southeast I/4 of the Southwest 1/4 of the Southwest 1/4 Section 31, Township 48 South, Range 26 East, less the South 150' thereof for road right-of-way, Collier County Florida, containing 10 acres more or less. OR 1499, Page 1345. (Generally located on the Northeast corner of the Vanderbiit Beach Road Extension and Livingston Road Extended). EXHIBIT "B" IlillllliUilillllil Naples. F1 34t04 (94t) 403-t780 'T~ ~ o~ ~'.* .fl Master Plan Cross Roads C. orrumum ty Church L~ Cro~s Roads Community C~urch EXHIBIT "C" 13A 2 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-98-4 The following facts are found: Section 2.2.2.3.7 and 2.2.2.3.11 of the Land Development Code authorized the conditional use. Granting the conditional use will not adversely affect the public interest and will not adversely affect 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 B. 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 or catastrophe: Adequate ingress & egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated Do 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, (copy attached) (should not) be recommended for approval DATE: CHAIRMAN: EXHIBIT "A" f/CU-98-4 FIelDING OF FACT CHAXRMAN/ COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF FACILITIES MANAGEMENT MEMORANDUM DATE: TO: FROM: REFERENCE: June 10, 1998 Leo E. Ochs, Jr., Administrator Support Services Division Skip Camp, CFM, Director Department of Facilities Management Warehouse Space / Supervisor of Elections ~_.. At the request of the Board, Commissioner Norris met with Mary. Morgan concerning thc possibility of providing additional warehouse space. The attached estimate is a result of some basic programming requirements of the Supervisor and is based on space that could be available within three to four weeks from Collier Enterprises. The proposed space is located on Horseshoe Drive. If the Board is interested in this property, I recommend that we move quickly before it is leased to someone else. I understand that Commissioner Norris would like to see this included in next weeks budget process. Nothing in this proposal conflicts with the newly published Space Plan I fi can provide any additional information, please just let me know. 'I'hank you. Space Planning and Allocation, Building Management, Fleet Management, County Security, Grounds Management, Facilities Capital Construction, Janitorial Services, Card Access Services, Indoor Air Quality.. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF FACILITIES MANAGEMENT PROJECT ESTIMATE Elections Warehouse 2960 South Horseshoe Ddve 4500 Square Feet Improvements: One 12 x 12 Ol'fice One Restroom Seal and Paint all exterior wails with heavy oil paint to act as vapor barrier for AC and dehumidification. HVAC all areas with dehumidification that must stay under 60% RH. Additional lighting Cover overhead doors as required Flooring Costs for Lease: Base Rent for 4500 Square Feet CAM Total Lease Cost Per Year 4500 Square Feet 7.20 1.54 8.74 39,330.00 Associated Costs: Moving Phones Security System Installation Shelving System Portable Loading Dock Vehicle Price Vehicle Fuel (500 miles) Subtotal Contingency Estimated Associated Costs Capital 1,500.00 1,200.00 750.00 5,000.00 7,200.00 15,650.00 1,000.00 32,300.00 _Operatinq 20,000 6O0 Total Estimated Project Costs 71,630.00 20,$00.00 06-09-199B · ~..~.-..--. COLLIER ENTERPRISES REALTY GROUP,INC. . 14A" ,, 3003 TAJ~,IAMI TRAIL N.. ~400. NAPLES. FL 34103 PHONE 941/261.4455. FAX 941 I263-4437 60-98 To: Skip Camp From: Debby McKinnon Rc: 2960 S Horseshoe Dr We ar~ pieced to propose the following for your consideration. I. Improvement~ ~ follows One 12x12 of'rice one rest'room sea] and paint all exterior walls with heavy oil to act az vapor bm'Tier for AC and dehumidification cover overhead doors a~ r~qu~d HVAC and dehumidification per terumt spies ~ditional lighting per tenet specs flooring 2. B~e rent 3yr le, a~e 5yr le,~e 7500 sf $8.00 sf $6.90 sf 4500 sf $8.50 sf $7.20 sf There will be anntml 4% increases 3. CAM Estimated to be $1.54 sfunfil Dec. 31, 1998 This is a proposal only and not binding until a lease has been executed. Please call if you have any questions. Zl:12 41~6322458 AERIAL SPECD:~.ISTS PAGE 81 PARTS QUOTATION Manufactur.r: -. ~D M/m D~/f _. Model:- S/N:- Itsm Qty. Description Price .... /~:12 4146322458 AERIAL ~ECIALISTS IGHT.LIFTER Hydraulic TRUCK DOCK Scissor lift Platform High vlalblltt[J safety and operating Irtstructlon~ Hand rail with mid-rail Roll ,~f chain Checker plate deck 4" Safety curb non-r~movable} ;lc]or ramp t~ere If unit is not r~ce.~sed. El~veled and marked toe guards. Truck bridge Maintenance prop Rubber f~r cushioned posttlon Self-lubricating bearings SERIES WL-1OO Engineering Features · Overload relief · Emergencg automatic stop If line breaks · Up speed 4.3 seconds minimum per foot of up travel (on 5.oon lb. platform) · Engineered safety factor 3 to I · Removable hand rails · Top travel limit switch shut off · P4 volt control station N£MA 4 on 20 foot coiled cord · Prewlred NE.MA I~ control box Includes .Magnetic WORLD-CLASS %,' 05.'03,'98 COLLIER CO CO.q31I.'~'ITY l)rA' ~0o1.'009 !6A1 Cot[let County, Ftorl~a FOR t~L ADVtRTI$i~ OF 8JELIC ItEt~ING$ t 1/2818/.. $50 To: Clerk to the Ioard: place the following as Ii: ~ Notice! Legal. AoYertise~ent ~ Other: CD;splay Ac/Y., l.ocit;on, etc. J (if more sF~ce r~.~:~l, attach separate sh ret) Nearim] ~fo~e: Z~//GCC ~ IZ~ ~ Other E~t~ helrf~ da~e: ~ ~s~ ~ ~ertis~t e~er;~ ..~0 ~ys ~fore ~MrCs) to ~ ~; (C~[ete ~(y i~ t~rt~t [~ ~ Nap[es Deity or [~ally r~ir~ /~) ~ Other ComPanion peele;ones), if any, & pre. sec heerlr~ date: Docs Petition Fee :~c[~c~e AdYerti~ing Co,'t? Yes ~ No /----~ If yes, ~at account sh~td ~ ch~r~ for a~ert{sing COSTS: 113-1383~5.~91'0 ~ .......................... .............................................................. . ' ~rov~ ~: C~ty ~aneger__ Oate List Attaches: (1) _(~) --(~), ~' ' Ol TRI ON I~STR ? NS A. For hear~ s ~fore gCC or IZA: ~ itfatl~ ~rs~ to C~[eCe ~ c~ a~ ~taln DiYtsi~ He~ a~ovai ~fore r fat s~ is ~l o [ A ~fOr U~fttt 0 C~t M ~ er. The Hanager's Office ~tll dTstri~te c~: ~ C~ty ~ger ig~ flee; ~ R~stt~ Olviit~; ~ Origt~[ to Cter~'s Off;ce Other hectares: fnitfatir~ Olvist,~ Need to aeoeove and a~.4:mit orialhat to Clerk's Office. retelfllno a Copy for f;le. ~ OF PAGES 3 zwi _ (including this cover) !ii111111111111111111111111111111111111111111111111111111111111 TO .' LOCATION: NAPLES DALL! N~;S FAX NO.: COHHENTS: 263-4864 ~ ~ iii!i!i111111111111111111111111111111111111'i1111111111111111111 899 j t36-021 14:51 90~ ~ ~-~4/ ~8:18 £LLIE HOFFMAN - MINUTES & RECORDS LOCATION: Collier County Courthouse FAX NO: (813) 774-8408 PHONE'NO: (813) 774-8&06 00~01 '26 00° 00' 52 00~ 10'02 00° 01 ' 47 00° 01' 55 l__ 192634864941 2~7 90~5~ Time sent: ! 0688008000006A 12 46881~8t~1 068800800(30088141 068C008~08A12t June 4, 1998 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 33940 Re: AV-98-012 Westview Plaza Dear Judi: Please advertise the above referenced notice one time on Monday, June 8, 1998, and one time on Monday, June 15, 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. 8~~D~?? NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on TUESDAY, June 23, 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 AV-98-012, Richard Vetter, requesting the vacation of the recorded plat of Westview Plaza and approval for recording the final plat of Westview Plaza Replat. This item is scheduled to appear on the Consent Agenda as Request to approve for recording the final plat of Westview Plaza Replat, and approve the vacation of a portion of the plat of Westview Plaza, Petition AV-98-012. Persons wishing further information, or to have the item removed from the Consent Agenda and placed on the Regular Agenda should contact the Planning Services Section of the Community Development and Environmental Services Division of Collier County Government at 403-2400. Ail interested parties are invited to attend, to register to speak and to submit their objections, if any, in writing, to the Board prior to the public hearing. 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/Maureen Kenyon, Deputy Clerk ( SEAL ) June 4, 1998 Richard Vetter 1361 Airport Road Naples, Fi. 34104 Re: Notice of Public Hearing to consider Petition AV-98-012 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, June 23, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Monday, June 8, 1998 and again on Monday, June 15, 1998. You are invited to attend this public hearing. Sincerely, Maureen Kenyon, Deputy Clerk Enclosure Dwight E. Brock Clerk County of Collier CLERK OF THE CIRCUIT COURT COLLIER COUNTY COUld?HOUSE P.O. BOX 413O44 NAPLES. FLORIDA 34101.3G44 !6Al CIigCUII' COUgT COUNTY COUgT COUNIY PECOI?DER CLEPK BOAPD OF COUNTY COMMISSIONEES June 4, 1998 Re: Notice of Public Hearing to consider Petition AV-98-012 Dear Property Owner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, June 23, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Monday, June 8, 1998 and again on Monday, June 15, 1998. You are invited to attend this public hearing. Sincerely, Maureen Kenyon, Deputy Clerk Enclosure PUBLIC NOTICE On June 23, 1998. the Board of County Commissioners will consider a Resolution to vacate a portion of the recorded plat of "Westview Plaza", and approve for recording the final plat of "Westviexv Plaza Replat". The item is scheduled to appear on the Consent Agenda as "REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF WESTVIEW PLAZA REPI.AT, AND APPROVE THE VACATION OF A PORTION OF THE PLAT OF WESTVIEW PLAZA, PETITION AV-98-012'. Persons wishing further information, or to have the item removed from the Consent Agenda and placed on the Regular Agenda should contact the Planning Sen'ices Section of the Community Development and Environmental Services Division of Collier County Government at 403-2400.00 . Own e r CoOwne r Site Mail Xfered Price '-: MetroScan / Collier :Frye Earl L O :Shirley A Frye :'No Site Address* :4975 Bonita Beach Rd Bonita Springs F1 34134 :02/01/80 DOC # :856-0370 : Deed : Loan Amt: Loan : VestType : IntTy : Lender : Land Use :0010 Vacant,Commercial Legal :1 50 25 NE1/4 OF NE1/4 OF NWl/4 Sub/Plat : Census :Tract: Block: R:25E T:50S S:01 Lot Acres:9.24 Lot SqFt:402,494 Air Cond SF: Owner CoOwner Site Mail Xfered Price Loan Amt : Loan : VestType : IntTy : Lender : Land Use :0033 Com,Nightclub,Cocktail Lounge,Bar Legal :1 50 25 COMM NW CNR OF NE1/4 OF Sub/Plat : Census :Tract:106.00 Block:2 R:25E T:50S S:01 MetroScan / Collier :Naples Lumber Supply Co Inc :3828 Radio Rd Naples 34104 :3828 Radio Rd Naples Fi 34104 :09/19/88 Doc # :1381-0531 :$184,000 Deed : Lot Acres:.69 Lot SqFt:30,056 Air Cond SF:3,600 * .............................. : MetroScan / Collier Owner :Naples Lumber & Supply Co ~ CoOwner : Site :3828 Radio Rd Naples 34104 Mail :3828 Radio Rd Naples F1 34104 Xfered :07/01/83 Doc # :1033-0815 Price : Deed : Loan Amt : Loan : VestType : IntTy : Lender : Land Use :0027 Com,Vehicle Sales,Service Legal :1 50 25 COMM NW CNR OF NE1/4 OF Sub/Plat : Census :Tract:106.00 Block:2 R:25E T:50S S:01 Lot Acres:.69 Lot SqFt:30,056 Folio # :00384040003 Strap # :502501 002.0005A01 Land :$1,155,000 Struct : Agric : Total :$1,155,000 %Imprvd : % Owned : Exempt : Amount : Millage :15.8860 1997 Tax :$18,348.34 Pho~ Owner : Tenant : Adjusted SF: Folio # :00384200005 Strap # :502501 003.0035A01 Land :$86,250 Struct :$43,694 Agric : Total :$129,944 %Imprvd :34 % Owned : Exempt : Amount : Millage :15.8860 1997 Tax :$2,064.26 Phon{ Owner :941-643-7000 Tenant : Adjusted SF:3,600 Folio ~ :00384280009 Strap # :502501 003.0055A01 Land :$86,250 Struct :$159,929 Agric : Total :$246,179 %Impl-vd :65 % Owned : Exempt : Amount : Millage :15.8860 1997 Tax :$3,910.80 Phon~ Owner :941-643-7000 Tenant : Air Cond SF:14,573 Adjusted SF:14,573 The Information Provided Is Deemed Reliable, But Is No= Guaranteed. Owner CoOwner Site Mail Xfered Price .-: :Naples Lumber & Supply Co Inc : :'NO Site Address- :3828 Radio Rd Naples F1 34104 :08/22/89 Doc # :1464-0211 :$325,000 Deed : MetroScan / Collier Loan Amt : Loan : VestType : IntTy : Lender : Land Use :0040 Vacant,Industrial Legal ~! 50 25 COMM N'W ~ OF NE1~4 OF Sub/Plat : Census :Tract: Block: R:25E T:50S S:01 Lot Acres:.96 Lot SqFt:41,817 Air Cond SF: MetroScan / Collier Owner :Paulich John Jr CoOwner : Site :3437 Westview Dr Naples 34104 Mail :6189 Norman Ln Mayfield Vlg Oh 44143 Xfered :03/14/97 Doc # :2294-1812 Price :$5,500 Deed :Warranty Loan Amt : Loan : VestType :Married Persons IntTy : Lender : Land Use :0041 Mfg,Lt Mfg,Small Equip Mfg Plant Legal :1 50 25 COMM AT INT OF S LI OF Sub/Plat : Census :Tract:106.00 Block:2 R:25E T:50S S:01 Folio # :00384400009 Strap # :502501 003.0085A01 Land : $120,000 Struct : Agric : Total :$120,000 % Imprvd : % Owned : Exempt : Amount : Millage : 15. 8860 1997 Tax :$1,906.32 Pho~ ~ Owl%e r : 941-643 -7000 Tenant : Adjusted SF: Folio # :00384520002 Strap # :502501 005.0015A01 Land : $127,500 Struct :$149,213 Agric : Total : $276,713 % Imprvd : 54 % Owned : 100 Exempt : Amount : Millage :15.3860 1997 Tax :$4,257.51 Phone Owner :440-449-0083 Tenant :941-261-4539 Lot Acres:l.02 Lot SqFt:44,431 Air Cond SF:10,080 * .............................. : Metro$can / Collier Owner :Cain Tr Kathryn May ~ CoOwner : Site :*No Site Address- Mail :12975 Bald Cypress Ln Naples FI 34119 Xfered :10/11/96 Doc # :2238-0902 Price : Deed : Loan Amt : Loan : VestType : IntTy : Lender : Land Use :0040 Vacant,Industrial Legal :1 50 25 El/2 OF NE1/4 OF NW1/40F Sub/Plat : Census :Tract: Block: R:25E T:50S S:01 Lot Acres: 4.63 Lot SqFt:201,682 Air Cond SF: Adjusted SF:10,080 Folio # :00384560004 Strap # :502501 006.0015A01 Land :$520,875 Struct : Agric : Total :$520,875 %Imprvd : % Owned Exempt : Amount : Millage :15.8860 1997 Tax :$8,274.62 Phone Owner :941-566-2251 Tenant : Adjusted SF: The ZnformaCion Provided Im Deemed Reliable, Buc Is NOC Guaranteed. Owner CoOwner Site Mail Xfered Price :Evans Austin G --: MetroScan / C~er : :3420 Westview Dr Naples 34104 :1085 Bald Eagle Dr #C408 Marco Island F1 34145 :01/01/82 Doc # :1001-0767 :$8,000 Deed : Loan Amt : Loan : VestType : Intg! : Lender : Land Use :0048 Ind,Warehousing,Distribution Legal :1 50 25 C0~4 INT OF S LI OF SW1/4 Sub/Plat : Census :Tract:106.00 Block:2 R:25E T:50S S:01 Lot Acres:2.04 Lot SqFt:88,862 Air Cond SF:5,240 ' .............................. : Metro$can / Collier Owner :Naples Lumber & Supply Co Inc ~ CoOwner : Site :*No Site Address* Mail :3828 Radio Rd Naples F1 34104 Xfered :06/17/88 Doc # :1358-1738 Price :$100,000 Deed : Loan Amt : Loan : VestType : IntTy : Lender : Land Use :0040 Vacant,Industrial Legal :1 50 25 COMM NW CNR OF NE1/4 OF Sub/Plat : Census :Tract: Block: R:25E T:50S S:01 Lot Acres:.69 Lot SqFt:30,056 Air Cond SF: ~ .............................. : ~e:roSc~ / Co, er wrier :Beckler Robert I & Claire M CoOwner : Site :3720 Gail Blvd Naples 34104 Mail :3720 Gail Blvd Naples F1 34104 Xfered :06/01/78 Doc # :758-0712 Price :$65,000 Deed : Loan Amt : Loan : VestType : IntTy : Lender : Land Use :0001 Res,Single Family Residence Legal :COCONTJT CREEK UNIT I LOTS 1, lA, 2, Sub/Plat :Coconut Creek Unit 1 Census :Tract:106.00 Block:2 R:25E T:50S S:01 Lot Acres:12.07 Lot SqFt:525,769 Air Cond SF:7,417 Folio # :00385200004 Strap # :502501 017.0005A01 Land :$255,000 Struct :$51,248 Agric : Total :$306,248 %Imprvd :17 % Owned : Exempt : ;%mount : Millage :15.3860 1997 Tax :$4,711.92 Phon~ Owner : Tenant :941-643-0990 Adjusted SF:5,240 Folio # :00385360009 Strap # :502501 021.0005A01 Land :$86,250 St ruer : Agric : Total :$86,250 %Impr~d : % Owned : Exempt : Amount : Millage :15.3860 1997 Tax :$1,327.05 Phon~ O~rner :941-643-7000 Tenant : Adjusted SF: Folio # :26430040009 Strap # :050300 15A01 Land :$271,575 Struc= :$757,938 Agric : Total :$1,029,513 %Impzn;d :74 % Owned : Exempt : Amount :$25,000 Millage :15.3860 1997 Tax :$15,455.42 Phone Owner :941-643-2944 Tenant : Adjusted SF:10,690 The Information Provided Ii Deemed Reliable, Bu~ Is No= Guaranceed. Owner CoOwne r Site Mail Xfered Price '-: Me~roScaa :Reid Norman L & Grace M : :3840 Gail Blvd Naples 34104 :3840 Gail Blvd Naples F1 34104 Doc # : Deed : Loan Amt : Loan : VestType : IntTy : Lender : Land Use :0001 Res,Single Family Residence Legal :COCONUT CREEK UNIT I LOTS 4 + 4A OR Sub/Plat :Coconut Creek Unit 1 Census :Tract:106.00 Block:2 R:25E T:50S S:01 Lot Acres:3.22 Lot SqFt:140,263 Air Cond SF:1,480 ' .............................. : Me~roScan / Collier Owner :Ellis Kelly C CoOwner : O Site :3900 Gail Blvd Naples 34104 Mail :1302 5th Ave S Naples F1 34102 Xfered :07/01/77 Doc # :696-0392 Price : Deed : Loan Amt : Loan : VestType : IntTy : Lender : Land Use :0000 Vacant,Residential Legal :COCONUT CREEK UNIT 1 LOTS 5 + 5AOR Sub/Plat :Coconut Creek Unit 1 Census :Tract:106.00 Block:2 R:25E T:50S S:01 Lot Acres:3.53 Lot SqFt:153,766 Air Cond SF: * .............................. : MetroScan / Collier Owner :Batcher Virgil CoOwner : ~ Site :3950 Gail Blvd Naples 34104 Mail :3950 Gail Blvd Naples F1 34104 Xfered :03/01/74 Doc # :581-0920 Price : Deed : Loan Amt : Loan : VestType : IntTy : Lender : Land Use :0001 Res,Single Family Residence Legal :COCONUT CREEK UNIT 1 LOTS 6 + 6A OR Sub/Plat :Coconut Creek Unit 1 Census :Tract:106.00 Block:2 R:25E T:50S S:01 Lot Acres:3.11 Lot SqFt:135,471 Air Cond SF:2,031 Folio # :26430080001 Strap # :050300 45A01 Land :$96,600 S:ruct :$65,384 Agric : Total :$161,984 %Imprvd :40 % Owned : Exempt : Amount :$25,000 Millage :15.3860 1997 Tax :$1,981.75 Phone Owner :941-643-0131 Tenant : Adjusted SF:2,212 Folio ~ :26430120000 Strap # :050300 55A01 Land :$105,900 Struct : Agric : Total :$105,900 %Imprvd : % Owned : Exempt : Amount : Millage :15.3860 1997 Tax :$1,629.39 Pho~ Owner : Tenant : Adjusted SF: Folio ~ :26430160002 Strap # :050300 65A01 Land :$93,300 Struct :$154,373 Agric : Total :$247,673 %Imprvd :62 % Owned : Exempt : Amount :$25,000 Millage :15.3860 1997 Tax :$3,337.58 Phon~ Owner :941-643-1592 Tenant : Adjusted SF:4,193 OWTler CoOwner Site Mail Xfered Price .-: :Heims Raymond H : :4000 Gail Blvd Naples 34104 :4000 Gall Blvd Naples F1 34104 :02/01/73 Doc # :504-0862 : Deed : Loan Amt : Loan : VestType : IntTy : Lender : Land Use :0001 Res,Single Family Residence Legal :COCONUT CREEK UNIT 1 E 68FT OFW Sub/Plat :Coconut Creek Unit 1 Census :Tract:106.00 Block:2 R:25E T:50S S:01 Lot Acres:l.00 Lot SqFt:43,560 Air Cond SF:1,280 * .............................. : MetroScan / Collier Owner :Heims Raymond H & Linda ~ CoOwner : Site :4000 Gail Blvd Naples 34104 Mail :4000 Gail Blvd Naples F1 34104 Xfered :02/13/73 Doc # :504-0862 Price : Deed : Loan Amt : Loan : Vest/'ype : IntTy : Lender : Land Use :0007 Res,Miscellaneous Legal :COCONI3T CREEK UNIT 1 LOTS 7 & 7A Sub/Plat :Coconut Creek Unit 1 Census :Tract:106.00 Block:2 R:25E T:50S S:01 Lot Acres:2.99 Lot SqFt:130,244 Air Cond SF: ' .............................. : MetroScan / Collier ~er :Olympia Develop Group Inc C CoOwne : ............. 16Al Folio # :26430200001 Strap # :050300 75A01 Land :$30,000 Struct :$47,721 Agric : Total :$77,721 % Imprvd :61 % Owned : Exempt : Amount :$25,000 Millage : 15. 3860 1997 Tax :$782.29 Ph on e Owner : 941-643 -5151 Tenant : Adjusted SF:1,623 Folio # :26430200108 Strap # :050300 7.1SA01 Land : $89,700 Struct :$6,533 Agric : Total :$96,233 % Imprvd : 7 % Owned : Exempt : Amount : Millage : 15. 3860 1997 Tax :$1,480.62 Pho~ Owner : 941-643-5151 Tenant : Adjusted SF: Folio # :33530080004 Strap # :064500 1.15A01 Site : Mail :2454 N Xfered :01/21/98 Price :$750,000 Loan Amt: VestType : Lender : Land Use :0023 Com, Financial Instit Legal :FOUR WAY CNR LOT I 2 3 Sub/Plat :Four Way Corner Census :Tract:106.00 B1, 1 R:25E T:50S S:01 Lot Acres:l Blvd Naples 34104 Land ooth Rd # 421 Clearwater FI 33759Struct :2381-2657 Agr: Dee :Warranty Loan IntTy : Lot SqFt:62,290 LESS S :$3 : ,648 : :$785,230 :58 % Owned :100 Exempt : Amount : Millage :15.3860 ~97 Tax :$12,081.56 Owner Tenant The Informag2on Provided .T~ Deemed Reliable, Suc Is ]for Guaranteed. 1 2 6 7 $ 9 ~0 RESOLUTION RESOL:~ION AUTHORIZING THE ACCEPTANCE CF WESTViEW PLAZA REP*AT A REPLAT OF A PORTiCN OF A ~REViOUSLY RECCP~ED PLAT F~:O~; AS WESTVIEW FLAZA, A~,-D ATTHORiZiNG THE VACATION OF CERTAIN DRAINAGE EASEMENTS AS SHOWN ON TME PREVIOUSLY RECOP.DED PLAT OF WESTVIEW PLAZA ACCORDING TO THE ATTACHED LEGAL DESCRIPTION, PETITION AV-98-012 ~%4EREAS, the Board of Ccun-_y Ccmm~ss:oners of Cc!lief Count;,, 12 Fiorlda, on July 14, 1981 aDmro:'ed tko plat of Westvlew Plaza for 13 ~,,~-'~ .... and ' ' 14 15 WHEREAS, F. Ichard Vetter, as Trustee is repia~tin~ Westview I6 Plaza and has filed for a replat of said lands; and - I~ WHEREAS, except as ~rovided for in this Resolution, this replat ]9 does not extinguish or in'anyway affect the dedications contained in lo the previous plat of these lands; and 22 WHEREAS, Richard Verier as T.--ds~ee desires to vacate a portion 23 of the previously recorded plat (drainage easements) as described in 2~ Exhibit A; and 25 26 WHEREAS, this parcel, the approved plat of Westview Plaza 27 Replat, is a part of a previously a.~proved and recorded plat, Westview 2~ Plaza, and the filing and record:ng cf ;h:s approved plat shall not 19 affec-~ access to lots previously conveyed under the Westview Plaza 3,> .~lat. a~, THEREFORE, BE IT RESCL~'ED ;C,'D ORDERED BY THE BOARD OF 33 COLQ;TY CO~hMISSiONERS OF COLLIER COb~TY, FLORIDA, that the plat 3~ West-;zew Plaza Replat, a par~ of a previously approved and recorded 35 plat, Westview Plaza, is hereby approved for recording and the 3~ dedications contalned on the plat of Wes'.view Plaza Rep!at are hereby 37 a_-ce--~ and those lands descriked in Exhibit A are hereby vacated. 35 Sa:d vacat:cn shall become effective u~.cn recordation of t~.e subject 39 F~ia~.. ' ~'I BE IT FURTHER RESOLVED A:;D G.=~ERED that the Clerk of the ~2 Cz~c.,_ Cour~ shall make proper nctat:on of this ac~:on upon the ~3 previous pla~ and record a certified copy cf this reolat and a " certified copy of the vacation resoiut'.cn in the Official' Records of ~5 Collier County. -'7 This Resolution adoc~ed after mc~icn, second and majority vote -~,~ favoring same. ~9 51 EATEZ: ATTEST: 55 EWiGHT E. BROCK, CLERK -<6 ~7 ~9 ~) 63 Approved as to form and legal ~ suf~lclencyM, 66 ~ 67 H61d: 68 Assisuan~ Collier County A~torney 69 70 7l BOA~RD CF COb~'TY COM~MISSiONERS COLLIER COLT:TY, FLORiEA BARBAP~A. B. BERRY CHAIRMAN .... 16A1 Naples Daily Ne~s NapLes, FL 33940 Affidavit of Publication Naptes Daily Ne~s BOARD OF COUNTY COHHISS[ONERS ATTN: NANCY SALOGUB PO BOX 413016 NAPLES FL 3~101-3016 REFERENCE: 001230 57707148 NOTICE OF PUBLIC HEA State of Florida County of Collier Before the undersigned authority, personally appeared AngeLa Bryant, who on oath says that she serves as Assistant Secretary of the Naples 0aily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a nevspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class eail easter at the post office in Naples, in said Collier County, Florida, for a period of I year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor proeised any person, firm or coporation any discount, rebate, comeission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLZSHED ON: 06/08 AD SPACE: 75.000 INCH FILED ON: 06/15/98 Signature of Affiant ~ ~"'/;.~ (~ //;,/ :~/"~'/'~/,, ,,' S~rn to a~ Subscrib~ before ee this /~ day ofI ~,c~ 19~ / NOTICE OF PUBLIC HEARING Notice Is hereby given tho1 the Boord of County Commissioners of Collier ~our~, will h~d o public he~ln~ ~ TUESDAY, June 23, I~1, in the m~l~ ~lldl~, Ce~, 3~1 E~t Tamio- mi TrOt, N~les, The meefl~ will ~ln ~ A~. T~ ~d will c~sl~ P~on AV.~12, Rich- ~1~ ~ ~e rec~d ~ ~ W~Nlew P~za ~ ~ov~ f~ r~d- view Plozo R~I~. This ~em ~ ~1~ to peor on the Consent A~n~ pr~e f~ rec~dl~ ~e fl- ~ pl~ ~ Westlaw Plaza R~l~, ~ ~rove ~e v~on ~ a ~ of ~e pl~ Of Westlaw Pio- za, PetlHon AV.9a-012. Pe~s wl~l~ ~er I~, ~ ~ ~ve ~e fram re~v~ ~ C~se~ A~ pl~ed ~ ~e R~ Agenda should contocf the Planning Services ~ of ~e Commun~ ~vel~me~ o~ Envl- rm~l ~lces Divi- sion of Collier Cou~ ~nme~ ~ 403-2~. All I~erested me Inv~ to ~e~, to r~l~er ~y, In ~ to ~e ~d ~l~ to ~e ~bilc h~Jn~ ~y p~ ~ ~l~ ~ B~d ~11 need o re- ~lnl~ ~ereto, ond ~e. ~e ~ o v~m r~d ~ ~ ~e~l~ O OF COUNTY COLLIER COUNTY, BARBARA e. BERRY, CHAIR~N DWIGHT E. BROCK, CLERK By:/s/~n Ju~ 8, 1S No. 122~62 CoLLier County, FLorida REQUEST FOR LEGAL ADVERTISING OF PUBLIC 11/28/~4-SS0 To: CLerk to the B~rd: PLease place the following as a: /'XTrrT Normal Legal Advertisement /-'-"T Other: (Display Adv., Location, etc.) Originating Dept/Oiv: Co~.De,.Serv./Curre~t PL,~i,q. Person: ~J~u~ )J~VlCI~W~ ~'~l Date: (Sign clearly) Petition .o. (If note. give brief description): Hearing before: /~CC /-----7 BZA ~ Other Requested hearing date: Based on advertisement al~oearing 10 clays before hearing. ~ewspaper(s) to be used: (Complete only if important /----T, /x~r:r7 Nap[es OaiLy or Legally required /~---/') /7 Other Prc~osed Text: :InctucSe Legal descripti~ & co~q Location & size): Ccq~anio~ petition(s), if any, & proposed hearing date: Does Petitio~ Fee Include Advertising Cost? Yes / / No /. / If yes, what account should be charged for advertising costs: 11~-1~832~-649110 OivJsion Head . ~.-' Date' . Couqty ~anager Date List Attachments:C1) (2) (~) DISTRIBUTION INSTRUCT~O#S For hearincjs before BCC or 8ZA: Initiating person to cc~pLete one copy and obtain Division Head approval before sul:mitting to County Nanager. NOT£: Zf Legal doc~tnent is involved, be sure that any necessary Legal review, or request for sa~e, is suemttted to County Attorney before submitting to Country Nanager. The Manager's Office ~iLL ~Jstril:~te copies: County Xanager agenda file; /--'-'7' Requesting Division; / / Original to CLerk's Office Other hearinas: lnttiatina Division Head to ~oorove and sui~nit ortainal to Clerk's Office. retainlna a cody for file. II II I iiii iiii iiii iii iiiiii I (including ~hi~ cover) ! 6A 2 ~ lli[lilllll[lilililillilliliill[iliililillil[iil[l[l[illllil[ii TO: LOCATION: NAPLES FAX NO.: COMI{ENTS: 263-4864 ililiillliilililliliilillilllliiililllilili'lilllllilllliilliill FROM: ~ ELLIE HOFFMAN - MINUTES & RECORDS L_ LOCATION: Collier County Courthouse,I FAX NO: (813) 774-8408 PHONE'NO: (813) 774-8406 Time sent: June 4, 1998 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 33940 Re: AV-98-013 Kensington Park Dear Judi: Please advertise the above referenced notice one time on Monday, June 8, 1998, and one time on Monday, June 15, 1998 and send the Affidavit of Publication, in duplicate, together with charges involved to this office. Sincerely, reen Kenyon, Deputy Clerk Encl. Purchase Order No. f~)0~99~ ~2 77 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on TUESDAY, June 23, 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 AV-98-013, Dudley Goodlette, requesting the vacation of the recorded plat of Kensington Park Phase One, and approval for recording the final plat of Kensington Park, Phase Four. This item is scheduled to appear on the Consent Agenda as Request to approve for recording the final plat of Kensington Park Phase Four and approve the vacation of a portion of Kensington Park Phase One, Petition AV-98-013. Persons wishing further information, or to have the item removed from the Consent Agenda and placed on the Regular Agenda should contact the Planning Services Section of the Community Development and Environmental Services Division of Collier County Government at 403-2400. Ail interested parties are invited to attend, to register to speak and to submit their objections, if any, in writing, to the Board prior to the public hearing. 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 CON[MISSIONERS COLLIER COUNTY, FLORIDA BARBARA B. BERRY, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Maureen Kenyon, Deputy Clerk (SEAL) June 4, 1998 Dudley Goodlette 2700 Pine Ridge Road Naples, Fi. 34109 Re: Notice of Public Hearing to consider Petition AV-98-013 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, June 23, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Monday, June 8, 1998 and again on Monday, June 15, 1998. You are invited to attend this public hearing. Sincerely, Maureen Kenyon, Deputy Clerk Enclosure Dwight E. Brock Clerk County of Collier CLERK OF THE CIRCUIT COURT COLLIER COUNTY COURTHOUSE 3301 TAMIAMI TRAIL EAST P.O. BOX 413044 NAPLES, FLOR1DA 34101-3044 16 2. CIRCUIT COURT COUNTY COURT COUNTY RECORDER CLERK BOARD OF COUNTY COMMISSIONERS June 4, 1998 Re: Notice of Public Hearing to consider Petition AV-98-013 Dear Property Owner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, June 23, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Monday, June 8, 1998 and again on Monday, June 15, 1998. You are invited to attend this public hearing. Sincerely, Maureen Kenyon, Deputy Clerk Enclosure I'UIII,IC NOTICE On June 23. 1998, thc Board of County Commissioners will consider a Resolution to vacate a portion of the recorded plat of "Kensington Park Phase One", and approve for recording the final plat of"Kensington Park Phase Four". The item is scheduled to appear on the Consent Agenda as "REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF KENSINGTON PARK PHASE FOUR AND APPROVE THE VACATION OF A PORTION OF KENSINGTON PARK PHASE ONE. PETITION AV-98-013". Persons wishing furlher information, or lo have the item removed from the Consent Agenda and placed on the Regular Agenda should contact the Planning Sen'ices Section of the Community Development and Environmentnl Sen'ices Division of Collier County Government at 403-2400 PROPERTY OWNER'S WITHIN 250 FEET OF EASEMENT VACATION J. Dudley Goodlette, Trustee 2700 Pine Ridge Road Naples, Florida 34109 Wellington Place at Kensington, LTD. 8465 Mystic Green Way Suite #2201 Naples, Florida 34113 Vacation of Plat occurring simultaneously within Replat Kensington Park, Phase One and Phase Four Property Owners Page Iofl I 10 II RESOLUT.'C.~; N~. 78 RESOLUTION AUTHORIZING THE ATCEPTANCE CF KENSiNGTSN PARK PHASE FOUR A REPLAT OF A PORT:ON OF A PREVIOUSLY RECORDED PLAT F/~OWN AS Y----NSINGTON PARK PHASE ONE, ;O~7D AUTHORIZING THE VACATION A PORTION CF A CERTAIN BP-AINAGE EASEMENT (TRACT GC2) ACCORDING TO 7'HE PREVIOUSLY RECORDED PLAT OF KENSINGTON PARK PHASE ONE ACCORDING TO ~E ATTACHED LEGAL DESCRIPTION, PETITION AV-98-013 WHEREAS, the Board of County Commissioners of Collier County. 1] Florida, on February 23, 1993, approved the plat of Kensmngton Park ~ Phase One for recording; and 16 WHEREAS, Dudley Goodlette T~stee is replatting a portion of 17 Kensington Park Phase One and has filed for a repla% of said lands; 15 and 19 20 WHEREAS, except as provided for in this Resolution, this replat 21 does not extinguish or in anyway affect the dedications contained in 2: the previous plat of these lands; and 23 2~ WHEREAS, Dudley C<~odlette as T~stee desires to vacate a 2~ portion of GC2 (Golf Course Easement: of the previously recorded plat 26 as described in Exhibit A; and 27 WHEREAS, this parcel, the a~proved ~!a~ cf Kensington Park 29 Phase Four, is a part of a prev~cusiy approved and recorded plat. P) Kenslngtcn Park Phase One, and the fl!lng and recording cf this approved plat shall not affect access to lots previously conveyed ~ under the Kensington Park Phase One plat. ' 3~ NOW, TTHEREFORE, BE IT RESOL¥~D A~ND CP~ERED BY Ti. ME BOAR/3 OF ~5 COL~:TY C~.~94ISSiONERS OF COLLIER COUNTY, FLORIDA, that the plat of 3~ Kens;rig:Ch Park Phase Four, a part of a previously approved and 37 recorded plat, Kensington Park Phase One, is hereby approved for ~] recording and the dedications contained cn the plat of Kensington Park 39 Phase Four are hereby azcepted, and those lands described in Exhibit A ~0 are hereby vacated. Said vacation shall keccme effective upon ~ recordation of the subject plat. ~2 BE iT FURTHER RESOLVED ;C~ OP~ERED that the Clerk of the ~ Circuit Court shall make proper notation of this action upon the ~5 previous plat and record a certified copy cf this replat and a ~6 certified copy of the vacation resolution ;n the Official Records of ~7 Collier County. :9 This Resolution adopted after motlon, second and majority vcte ~0 favorin~ same. ' J3 DATED: f~ ATTEST: jr DWIGHT E. BROCK, CLERK 6O 61 6~ 6~ Approved as to form and legal 686766 s~fficien~y:/{ ~ 69 H~d/;F. ~sh~on 70 Assistant Collier Counuy A~tcrney 7~ BOARD OF COD~'N'TY CC.V. M ISSiCNERS COLLIER COUNTY. FLORIDA By: BAP, BA3.A B. BERRY C F.A I Rf NapLes DaiLy News NapLes, FL 33940 Affidavit of PubLication Naples DaiLy News BOARD OF COUHTY COflHISSIOHERS ATTH: HANCY SALOGUB PO BOX 413016 NAPLES FL 34101-3016 REFERENCE: 001230 #80327? 57707143 NOTICE OF PUBLIC HEA State of FLorida County of CoLLier Before the undersigned authority, persoonalLy appeared AngeLa Bryant, who on oath says that she serves as Assistant Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, FLorida: that the attached copy of advertising was published in said newspaper on dates Listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, FLorida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class Jail matter at the post office in Naples, in said Collier County, FLorida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or coporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 06/08 06/15 AD SPACE: 76.000 INCN NOTICE OF PUI~LIC HEARING Notice it hereby gl~en tt~t the Boord ot Cou~ Co~ml$,doners ~ Collier .......................... CountY. willriga, T,~'~S~ Ju~ 23, mln~ ~, 3~1 Emi Tomo- ~e m~fl~ will ~ln ~ ~ ~ ~e-/ P~k ~ ~ f~ receding ~e p~, p~ ~m k ~eor on the Consent ~ pl~ ~ Keflsln~ofl ~e ~ v~ ~ o portion ol Kensington p~ Pr~e One, p~lon AV.~-013. Per~ ~o ~e ~ ~em reined Agen~ ~ouId contoct t~e Plonnlng Services ~ d ~e Commun~ ~e~e~ o~ Envt- All I~ereste~ ~e I~ ~ ~end, to ~y, In ~ to ~e Any ~r~ ~O ~l~- ~e ~d ~11 c~d ~ ~ ~e~l~ e~e r~d ~ ~ pr~dln~ Is ~, which re~ eyre ~ ~lch ~e BOARD OF COUNTY CO~MI~ONER~ COLLIER COUNTY~ FLOROA BARBARA B. BERRY, CHAIR~N DWIGHT E. BROCK, CLERK BY:/S/M~n Kenya, FILED ON: 06/15/98 Jufle 8, 15 Signature of Affiant ~' ~'~ ?' ' "~ ~ '~- '/-;'" · Sworn to and Subscribed before me this ~ day of ..1;/ .,. 19~" Personally known by me /, ;/,'/'j //, /C NO. 1222766 06/03/95 16:**.. FAX 9416436965 COLLII~R ¢0 CO.~.~ITY D£'~' ~001,'004 To: CLerk to the Pt, ea&e place the fottoulng e~ a: (if more space nee<~cl, attach seperlte sheet) Heari~cJ before: /--7"~"1CC /--"--;' 8ZA /~"'TOthar Requested heari~ ~te: I~ ~ ~tit~t a~art~ 1~ ~s ~fore heer{~. Caq~nion pe[ltionCs), if any, & pr:posed haaril~J c~te: loc ~ept~si~ co, Cs: 115-15~-~9110 Oivtst~ Ke~ Date C~ty N~ger Data s~ittt~ to ~ ill.pr. FQT~: If l~ ~t ~ j~[v~, ~ ~vre tha~ o~ ~esssrY t~a[ rev;~. ~r ~ C~ty Xa~r a~ file: ~ R~ci~ oivislm; /~ Origin( to Cterk'e Office l. Othe~ hear ;f~s= lnitilttfla ( ivisim #eed to wove a~d sLd~it oriaiFa[ to Clerk's Office. retafnl~ a c~ for ~ OF PAGES (including this cover) ili!ili!illi111111111111111111111111111111111111111111111111111 TO: LOCATION: K~PLES DA17~.! NEWS ~AX NO.: COMHENTS: 263-4864 ") !i1111111111111111111111111111111111111111111111111111111111111 ,,. ELLIE HOFFMAN - MINUTES & RECORDS __~__ LOCATION: Collier County Courthouse 'l F'.~X NO: (813) 774-8408 p~o~'No: (8].3) 77/4-8/406 F0306-041 09: 52 00° 02' 08 04 ~-~1 10:04 ~° 03' 56 I I + 1 ~414032365 i I92634864+19"14032~65 Time sent: /~.. ~ :_/).?~ 1 June 4, 1998 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 33940 Re: AV-98-010 Pelican Marsh Dear Judi: Please advertise the above referenced notice one time on Monday, June 8, 1998, and one time on Monday, June 15, 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. -8~08C~3 ~3 A ? ? 16A' : NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on TUESDAY, June 23, 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 AV-98-010, Centex Homes, requesting the acceptance of Mont Claire at Pelican Marsh a replat of a portion of previously recorded plats known as Pelican r4arsh Unit Fourteen and Pelican Marsh Unit Seventeen, and authorizing the vacation of a portion of drainage easements and Tract M as shown on the previously recorded plats of Pelican Marsh Unit Fourteen and Pelican Marsh Unit Seventeen, Petition AV-98-010. Persons wishing further information, or to have the item removed from the Consent Agenda and placed on the Regular Agenda should contact the Planning Services Section of the Community Development and Environmental Services Division of Collier County Government at 403-2400. Ail interested parties are invited to attend, to register to speak and to submit their objections, if any, in writing, to the Board prior to the public hearing. 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 COFfMISSIONERS COLLIER COUNTY, FLORIDA BARBARA B. BERRY, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Maureen Kenyon, Deputy Clerk ( SEAL ) Dwight E. Brock Clerk County of Collier CLERK OF THE CIRCUIT COURT COLLIER COUNTY COURTHOUSE 3301 TAMIAMI TRAIL EAST PO BOX 413044 NAPLES. I:LORIDA 34101-3044 cIr~CUlT COURT COUNTY cour~ r COUNTY RECORDER CLEE~K BOARD O1: COUN[Y COMMISSIONERS June 4, 1998 Re: Notice of Public Hearing to consider Petition AV-98-010 Dear Property Owner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, June 23, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Monday, June 8, 1998 and again on Monday, June 15, 1998. You are invited to attend this public hearing. Sincerely, . Maureen Kenyon, Deputy Clerk Enclosure June 4, 1998 Tom Weghert Centex Homes 6702 Lone Oak Blvd. Naples, Fi. 34109 Re: Notice of Public Hearing to consider Petition AV-98-010 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, June 23, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Monday, June 8, 1998 and again on Monday, June 15, 1998. You are invited to attend this public hearing. Sincerely, Maureen Kenyon, DeDuty Clerk Enclosure PUBI.IC NOTICE On June 23. 1998 the Board of County Commissioners will consider a Resolution to vacate a portion of the recorded plat of "Pelican Marsh Unit Units Seventeen and Pelican Marsh Unit Fourteen". and approve for recording the final plat of"Mont Clair at Pelican Marsh". The item is scheduled to appear on the Consent Agenda as "REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF MONT CLAIRE AT PELICAN MARSH AND APPROVE VACATION PETITION NO. AV-98-010". Persons wishing further information, or to have the item removed from the Consent Agenda and placed on the Regular Agenda should contact the Planning Services Section of the Community Development and Environmental Services Division of Collier County Government at 403-2400.00 - WCI COMM LTD PARTNERSHIP 24301 Walden Center Dr #300 Bonita Springs, FL 34134.4920 John & Jane Hauer 4421 Manitou Dr Okemos, MI 48864-2717 Richard & Marija Netz 7776 Alden Way NE Fridley, MN 55432-2424 Swenson 3779 Hermitage Trl Rockford. IL 61114-7079 Frederick Menzcl Gueldensoellerweg 52a D6 ! 350 Bad ItAMBURG GERMANY Charles & Rita Moore 6203 Deep Creek Dr Prospect. KY 40059-8606 John Ayotte 210 Trade Center Way #E Naples, FL 34109 Jonathan Richards & Karen Richards 911 Michigan Ave San Jose. CA 95125.2415 James & Judith Gibbs W John 734 Central Ave Highland Park, IL 60035-3235 C S CORPORATION OF NAPLES INC 5551 Ridgewood Dr #203 Naples. FL 34108-2718 Cccily Duvekot PO Box 878 i Naples, FL 34101-8781 Anthony & Marilyn Gosdeck 2449 Ravenna Blvd #201 Naples, FL 34109-0388 Ann Johnson 351 Sussex Ln Lake Forest, IL 60045-2057 RESOLUTIC:; AL-rHORiZIN3 THE ACCEPTA2;/E CF MO:CT CLAIRE AT PELICA2~ F~RSK A P--~PLAT OF A PORTION CF PRE'.'iOUSLY PLATS F2;O~.: AS ~ELICA2: MJ~RSH bP:iT FObV, TEE:; A/:L PELiCA-': ~J~RSH b~JiT SEVE:~TEE:;, A/~ AL-/HCFZZi:;9 THE VACATiOn:; OF A PORTION CF 2Fg~i:;A~E EASEME:VTS AkFD TFJ, CT M AS SHO'-~.; CC; THE PREVIOUSLY RECC~ED PLATS CF PELi2;C; ~J~R£H O~,;iT F0:~,TEEN A.\-D PELiCA2; Y~%,RSH L,%'iT SE%"r2:~TEE:; ACCOP~Di:;U TT THE ATTACHED LEGAL DESCRiPTiON, PETITION ~i~EREAS, the Board of County Corr.:ss;chefs cf Collier County, Florida, on October 22, 1996 and June 24, 1997, respectively approved the plats of Pelican Marsh Unit Fourteen an/ Pelican ~arsh Seven2een for recording; and ~EREAS, Centex Homes has acTaired and has filed for a replat of said lands; and ~'HEREAS, except as provided for in this Resolution, this replat does not extinguish or in anyway affect ~ne dedlcations contained the previous plat of these lands; and ~-HEREAS, Centex Homes desires tc vacate a pcrt~cn of the prev~ous!y recorded plats as described In Exhlb~t A; and , .. . M ...... alre at Peilcan Marsh, :s a part cf prev:cusly approved an~ re:~rded plats, Pei:can Marsh Un:% F:ur:._n~ and ~e~:can Marsh "-:% ~-~. ~ , and =il:n~ and ~ of his .. . '' lots.Drevlouslv. ccnveveh, under the Pei:san ..~'.',rsh Un:5 Four%__n-~ and Pe!lcan Marsh Unlt Seven:een plats. NO;;, THEREFORE, ~E IT RESOLVED ~;; CRDEREE EY THE ~9A3,D OF CObQ~Y CO~{iSSIONERS OF COLLIER COUP,WY, FLORiEA, fha% the plat of Mont Claire at Pelican Marsh, a part cf previously approved and recorded plats, Pelican Marsh Unit Fourteen and Pellcan ~arsh Unlt Se'zenteen, ;s hereby approved for recording and the ded:cat:ons contained on the pla~ cf Mcn~ Claire a: Pelican Marsh are herety accepted, and those lands descrlbed in E~hlblt A are hereby vacated. Said vacat:cn shall become effective upon recordation cf the subject plat. BE iT F%7.THER F~S~L~D A2~ OP~ERED that :he Clerk of the Circult Court sba:' make proper notation cf ~n;s action upon the previous plat and rercrd a certlfled coUy cf thcs reDiat and a certified copy cf the '.'arat~cn r_sclut;cn- :n th_~ Cf='-~a.'' Records cf Coii~er County. a,_~._, after matl~r., se?~r.i and ma]Tr;~y '.'st, favor!n? same. DWIGHT E. BROCK, CLERK CLLLiER CCL~.:Ty, FLORiLA Approved as to form, and legal sufi:ciency: Asslstant Coil:er T~untv At%crne}' BARBAF3~ ~. BERRY NapLes DaiLy Nears NapLes, FL 33940 Affidavit of PubLication NapLes DaiLy Ne~s BOARD OF COUNTY COHHISSIONERS ATTN: NANCY SALOGUB PO BOX ~13016 NAPLES FL 3~101-3016 REFERENCE: 001230 #803277 57707157 NOTICE OF PUBLIC HEA State of FLorida County of CoLLier Before the undersigned authority, personaLLy appeared AngeLa Bryant, who on oath says that she serves as Assistant Secretary of the NapLes DaiLy Ne~s, a daily newspaper published at NapLes, in CoLLier County, FLorida: that the attached copy of advertising vas published in said newspaper on dates Listed. Affiant further says that the said NapLes DaiLy Ne~s is a newspaper published at NapLes, in said CoLLier County, FLorida, and that the said newspaper has heretofore been continuously published in said CoLLier County, FLorida, each day and has been entered as second crass aatL carter at the post office in NapLes, in said CoLLier County, FLorida, for a period of I year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor proaised any person, firm or coporatio~ any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLISHEO ON: 06/08 06/15 AD SPACE: 76.000 INCH FILED ON: 06/15/98 .......... ........... ..................... Signature o Affiant ' ~- ' " - . ~. Svorn to and Subscribed before me this /5 day of v./,:, 19.~.~ '..'/? " 0110 NOTICE Of: PU84.1C I-~.AR lNG Ncd~ce I~ I~ereby gtve~ ~ ~ ~d ~ C~ mi Tr~. ~ F~ ~e ~ ~ CIo~re ~ ~ Pel~ ~ ~ ~ ~ev~y P~I~ ~ Un~ ~- enteen, Petition AV-- ~ Plonnlng Services ~ ~ ~3-2~. ~dln ~ ~ ~ d~ ~ fesfl~y ~ BOARD OF COUHTY CO~I~N~S COLLIER COUNTY, BARBARA B. BERRY, ~N DWIGHT E. BROCK, ~ l. 15 No. 122~48 SECOND AMENDMENT TO TOURISM GRANT PROGRAM ADVERTISING AND PROMOTION AGREEMENT THIS SECOND AMENDMENT TO AGREEMENT, is made and entered into this o~) ~ day of T~L~,....~, 1998, by and between Naples Area Accommodations Association, Inc.. a not-for-profit corporation, hereinafter referred to as "GRANTEE" and Collier County, a political subdivision of'the State of Florida. hereinafter re/erred to as "COUNTY." RECITALS WHEREAS, the GRANTEE and the COUNTY entered into a Tourism Grant Program Advertising and Promotion Agreement dated January. 7. 1997 (the "Accommodations Agreement") in the amount of $489,058.00; and WHEREAS, the Naples Area Convention and Visitors Bureau, Inc. d/b/a Naples Area Tourism and Convention Bureau (thc "Tourism Bureau") and the County entered into an Amended and Restated Tourism Grant Program Advertising and Promotion Agreement dated January 14, 1997 (the "First Tourism Agreement") in the amount of $900,000.00; and WHEREAS, the Tourism Bureau has requested that the sum of $172,006.88 be transferred from the budget of the First Tourism Agreement to the Accommodations Agreement. WHEREAS, the Tourism Bureau and the County entered into an Amended and Restated Tourism Grant Program Advertising and Promotion Agreement dated January 14, 1997 (the "Second Tourism Agreement") in the amount ofS595,552.00; and WHEREAS, the Tourism Bureau has requested that the sum of' S124,515.57 be transferred from the budget of the Second Tourism Agreement to the Accommodations Agreement; and WHEREAS, the Grantee and County entered into a First Amendment to Tourism Grant Program Advertising and Promotion Agreement dated June 24, 1997 (the "First Amendment"); and WHEREAS, the GRANTEE has requested changes to the line item budget to the Accommodations Agreement, as amended; and WHEREAS. the COUNTY agrees to thc requested changes. WITNESSETH: NOW. THEREFORE. BASED ON THE MUTUAL COVENANTS HEREIN AND OTtlER VALUABLE CONSIDERATION, IT IS MUTUALLY AGREED AS FOLLOV¢S: I. Exhibit "A" to the Accommodations Agreement shall be deleted in its entirety and replaced with the new Exhibit "A" attached to this amendment. 2. Except as set forth herein, ali ortho terms and provisions of the Accommodations Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the GRANTEE and COUNTY have each respectively, by an authorized person or agent, hereunder set their hands and seals on thc date and year first above xvfitten. DATED: ~/~J//¢ cc- DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA WITNESSES: BA~AR-~ B.'t~E RRNi% Cha~a~ GRANTEE (l) Pnnted T>pcd Name - Naples Area Accommodations Association, Inc. ?/?)tt3/~ z . : Pnmed,ffyped Name By: Joseph Dinunzo. Prcsid¢llt I'rmlcd:'[ypcd Name (corporate seal) Approved as to forn~ and legal sufficiency ~ Heidi F. Ashton Assistant County Attorney h:hg, hl~.'98 IiX' Agreements 2''~ Amend lo lounsm {iran! Program. Ad:erasing & Prow~mon t EXItiBIT "A" 1998 TOTAl, PROGRAM BUDGET PROMOTION AND MARKETING Advertising includes media placement htternational publication.¥ Domextic publications Public Relations Professional Services include.~' strategic planning, fitcilltating marketing pklnx. de.wgning promotional materialx and [,roj,,ranls. and nledia liaison services Production includes graphic design and ktyout services, slide rt?~roduclions, text translations and photography Brochures ittc'll~dc,.s' the repritlthlg ofde.wnlatiott gttide.s' and other collateral S 94,354.01 $102,000.00 $ 50,803.72 $121,268.98 Media Relations Expenses include.~' photocopies, mileage, newx relea.,'e po.wage attd prex~ excttr.¥io, expe..ws Travel Agent Relations Expenses //tcludex cont/nu/ticatiott.s', mih, aj,,e, pox/age and on-.wle .~/milia/'izalion expen.¥e.s' Trade Show Expenses i/wludes booth re, q,i.wratio,, .wq;l#ies and per diem Collaborative Efforts w/Marco Island & The Everglades Convention & Visitors Bureau itw/u,les familiarizatiot~ tri/;x, //'~ulc .~'hon's ~ttul .lo/hi adverli. Wng Market Research includes collec#,g and axsemhlittg occul~attcy and vi.~'itor data $ 69,842.12 $ 29,806.44 $ .~ ,000.00 $ 48,000.00 $ 57,529.35 ~6A 6 1998 TOTAL PROGRAM BUDGET PROMOTION AND MARKETING (continued) [] Clipping Service Media [] Accounting rn Insurance TOTAL $ 11,400.96 $172,006.88 $ 12,000.00 $ 7,097.00 $811,109.46 This reprogramming of funds will place the emphasis and advertising, production and the brochure to fulfill, corresponding with the current Visit Naples program. Thank you for your consideration of'this request. Sincerely, - Tammie Matthews Managing Director 16A 6 April 15, 1998 Ms. Helene Casseltine TDC Coordinator Housing and Urban Improvement 2800 North Horseshoe Drive Naples, FL 34104 Dear Helene, I would like to request reprogramming of funding in P.O.//703033 as follows: Line Item Budget Balance as of Increase/ End 4/16/98 Decrease Balance Advertising Public Relations Production Brochures Media Relations Clipping Service Travel Agent Relations Trade Show Collaborative w/Marco Market Research Accounting Insurance Media 94,354.01 102,000.00 50,803.72 121,268.98 69,842.12 II 400.96 29 806.44 35 000.00 48 000.00 57 529.35 12 000.00 7 097.00 172 006.88 956.98 +92,306.21 93,263.19 .~.~. O0 ' ' -.~.~ .00 0.00 20,208.28 No change 20,208.28 il,646.96 +18,353.04 30,000.00 14,164.41 -14,164.41 0.00 6,875.42 -6,875.42 0.00 13,380.25 ,.~,_~av.~. 0.00 690.93 -690.93 0.00 19,53.~..~ 7 19,. 3.~.37 0.00 51,938.93 -51,9.38.93 0.00 3,580.34 -3,580.34 0.00 0.00 No change 0.00 462.60 -462.60 0.00 Total $811,109.46 $143,471.47 $ -0- $143,471.47 P.O. #703033 contained rollover funding from previous years to include xvindfall dollars (1997 budget under PO #703033 was 48%05800 with rollover dollars from PO 602544 and 602309 included, for a total of $81 i, 109.,16). As of mid-April, a balance of $143,471.47 is remaining. RI£SOI.trFION Ne). 9~¢- 190 RESOLUTION OF Till( B¢)ARD OF ('OI'NTY f'¢).M.x. IISSiONi(RS. ~'¢~I.I.II(R ¢'OI;NI'Y. FLOR/DA..-\I'TII¢~RIZIN(J W:\IVI(R ¢~1: RE(;I()NAI. W..'~'I'I!I,~ SYSTEM IMPACT FEES. Rli¢iIONAI. SEWE:R I.IBRARY SYSTEM IXlPA¢'T l:lil(S. PARKS AND RI:f'RI(:\'II¢iNAI. F:\¢'II.I'FIES IMPACT FEF. S. ROAD I.MP:\f'T FI'.'I(S. I~.MI(R¢iI(Nf'Y .~11:1~1¢'..\1. SERVI('F.S IMPACT FEES AND I(I)Uf'A'FIONAL FA¢'II.I'III(S SYSTli.\I I.MPA("[' FEES FOR ONE Ilt')l'Sti 'I'O BI( ('f~NSTRI:('TI(ll BY I1:\111'1:\'1 FOP, IIIJXlANITY OF ('OLLIF. R ('()t'NTY. INf'.. (IN I.OT 24. HI.(~('K 13 NAI'II(S S1ANOR I.AKF. S. ('OLI.IER COt TN'FY. FI.ORIDA. \VIIIiRI::\S. (*olher ('aunty has rccogmzcd and attempted to addrc~,s thc I;mck ,,I' udcqualc ~lld all'rdahlc housing for moderate, low. and ve~'-Iow income households m thc Count)' and thc nccd I~r crcal~xc and mnoval~x'c programs to assist in Ibc provislOn oi* such housing h)' including several prov~s,,n, Management Plan. including: objcctzvc 1.4. polic)' I.~.1: objccuxc 1.5. pohcF 1.5.2. pt~hc~ 1.5.3. pohcF 1.5.4. ~licy 1.5.5. pohcy 1.5.6; objcclive 1.6. policy 1.6.3: objccuxc 2.1. pohcF 2.1.1, t~,hcF 2.1.2. poliO)* 2.1.3. pohcy 2.1.5. and pohc? 2. I.t~ al'Ibc l lousing I~lcmcnt: ami WI IERI:AS. ~'ollier County has received fi~ndmg pursuant 1. thc Stale I lou~mg lmt~al~x'es I'artncrsh~p Program se~ lonh ~n Section 420.907 ct. seq.. Florida Statulcs and ('haptcr 91-37. Fh~rtda ..Xdn~m~slr;~t~vc ~'~dc; and WtlER[(AS. m accordance with Collier ('ounlF Ordinance No. g3-19, thc f'ount) ~ auth~)r~/cd to usc t~nding IFom ibc Stale tlous~ng Iniliatlvcs Partnership [SIIIP] l'mgr;m~ fi~r ~a~vcr~ and WIIERI:AS. Ilabilal fi~r Ilumamty ol'('olhcr ('ounly. Inc. ~ seeking a wmvcr of m~pac~ l~.cs: and WttEREAS. Ilab~lat Ibr llumamty of ('oilier County. Inc. will construct one Ill H~rcc-bcdroom umt Ilhc "Dwelling Uml"l on [.al 2~. Bl~k 13 Naples Manor l.akcs xvhich ~s proposed to sell fi~r Forty-Six Thousand I:~vc ttundred Dollars ($~6.500.001: and WtIEREAS. Iht Dwelhng Unit will be purchased hy a verF Iow mc.mc housch.ld x~h~ch invest a minimum oF five hundred tS00) hours oF"S~veat [':qu~l?' ~'fi~rc ~I ob~ams lHlc I(~ Iht IlOUSC; and WIIERI~AS. ~lr. ('harlcs ('. Smilh. Vice President ~1' Ilab~lal lbr Ilumaml~-I ('-lhcr ('ounl¥. Inc.. submilted to the Office ~' Ilousmg and l;rban Improvement an AFfi~rdablc l lousing :~pphcall.n dalcd Aprd 27. 1998 for a waiver oI' m~pact tZ. es fi~r thc conslrucu,n ol'a hou~c on I.~l 24. lit,ok ! said application ~s on I'Hc m :he Ilousm~ and I.'rban Impr-~cmcnl Department: Wtlf(RI[AS. m accordance ~iIh Section 3.D4 al' Ibc Rcgnmal Walcr SF~tcm Inlj~acl J:cc ()rtlinance. Ordinance No. 90-N6. as amended: Section 3.f~4 ~1' thc Rcg,~nal Scx~cr S3.slcm Impacl Fcc (}rthnance . Ordinance No. 90-~7. as amended; Secl~on 3.04 of linc I.~brarF SF,tcm Impacl Fcc t~rdmancc. ~lrthnancc No. amended: Section 4.05 of the I'~rks and Recreauonal FacHH~es Impacl Fee t)rthnancc, flrthnancc No. gg-96, as amended; Seclion 3.04.1' Ihe Road Impact Fee Ordinance. Ordinance No. ~t2-22. Emergency Medical Services System Impacl Fee Ordinance. ()rdmancc No. 91.71. a, amended; and S~Cllon 3.0~ oI' lhe Educational I:aohues System Impacl Fee Ordinance. Ordinance No. 92-33. a~ amended: an apphcanl maF a waiver oflmpac~ l~es by qualil~'ing Ibr a waiver: and WtlERF. AS. lmmokalce Ilabitat for tlumanity. Inc, has quahfied for an mlpact l('c ~alvcr based ttpon thc following representatmns made by Immokalee llabitat fi)r I tumamty. Inc.: A. The Dwelling I ;nit shall he sohl t. a first-lime home huyer. B. 'Ihe Dwelling l]nit shall be s~fid It) a hou,,ehedd v.'ll}l avcry h,~ mcmnc Ic~cl ;,s Ihat lernl 15, defined m the Appendices to the respccllve Impact Fee Ordinances and thc m.mhly payment to purchase the umt musl hc within the affi~rdable he}using gmdehne., estabhshed m the Aplx..ndlces to the respecllve Impact Fee Ordinances. C. The D~vclhng linit shall be lhe Ilomestead of thc owner. D. The Dwelling Umt shall remain affordable tbr fifteen {151 years I'r.m the date Ihe ccmlicatc of occupancy Ps issued. NOW TItEREFORE. BE IT RESOLVED BY Tile BOARI') OF ('OUN'IY ('¢)MMISSIONERS elf COI.LIER COUNTY. FI.ORIDA. that: I. The Board of County Commissioners hereby authorizes the County Manager to ~ssue an :\uthonzatton for waiver of ~mpact fees to Immokalce I lab~lat for I lumamly, [nc. whmh shall be constructed on Lot 24. Block 13. Naples Manor l.akcs. Collier ('ounty. Florida. 2. Upon receipt by the [lousing and Urban Improvement Director of an agreement for wmver of ,mpact fees signed by Immokalee Habitat Ibr Ilumanity. Inc.. and/or the purchaser, or other documentation acceptable lo the County Attorney. the Board of ('ountv ('omm~ssmncrs hereby authorizes the payment by Collier ('ounty of the IBlloxvmg smpact fees l?om ~he A lli~rdable I lousmg 'Frusl Fund. Fund ( 191 ). in the ti}Ibm'lng amounts for the one I I } hou~,c lo bc built on I.ol 24. IIIock 13. Naples Manor Lakes by Immokalee Ilab~tat fi~r Ilumamty. Inc.: A. I.ibraD' Impact Fee S 1 sO.52 B. Road Impact Fee 1.3-7,Lt}O ¢'. Parks and Recreational l:aclhl,cs hnpact Fee: ( 1 ) Community Parks 399.00 12) Regional Parks 179.r~o D. liMS Impact Fcc I(. l:ducatmnal Facflmcs System Impact Fee 1.77~ oo F. Water In:pact Fee G. Sewer Impact Fcc $1.341),09 TOTAl. IMPACT FEES S6.169.$2 3, Thc payment of impact fees by Colhcr County Is subject to the executmn and recordallon of an agreement for wmver of ('oilier ('ounty Impact Fees between thc property owner amlor purchaser and the CounB,', This Resolution adopted after motion, second and nlajor~ty vote favoring same. DATED: .JUN ATI'EST: DWIGHT E. BROCK. Clerk Approved as to form and legal sufficiency: H¢idi F. Ash~on BOARD OF C'OUN'IY ('OMMI.',;SI()NliRS COI.I,IER ('OI~'NTY. I:l.()Rll)A or~bara B. Berr'y, Ch,qirX"l~ id/gm/c/naples manor lakes reso - 3 - EXtliBIT "A" LEGAL DESCRIPTION LOT 2zt OF BLOCK 13, NAPLES MAN{)R I.AKES, Ai'('¢)RI)IN(i TO THE PLAT BOOK THEREOF. AS RECORDED IN PI.AT 3. AT PAGE 86. OF TIlE PUBI.I(' RF.('()RI)S ¢)F ('~)l.l.lliR ('()1 ~N'I'Y FLORIDA. - 4 I . It · ,i 16/ 7 AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into tlu.,v,__Jday of >, .~, _ I')t,~8. hy and between the Board of County Commissioners of Collier County. Florida. hereinafter referred to as "COUNTY" and Habitat for Humanity of Collier County. Inc.. hcrcinalicr roi'erred to as "OWNER." WITNESSETtt: WHEREAS, Collier County Ordinance N~. '/II-fits. as amcndcd, thc ('ollicr ('ounty Regional Water System Impact Fee Ordinance: Collier ('ountv Ordinance No. 90-87, as amended, thc ('oilier County Regional Scxvcr System Impacl Fcc ()rdinancc: ('oilier Cotmty Ordinance No. 88-97, as amended, thc (.'oilier County Libra~, System Impact Fcc Ordinance; Collier County Ordinance No. 88-96, as amended, the Collier County Parks and Recreational Facilities Impact Fcc Ordinance; Collier County Ordinance No. 91-71, as amended, thc Collier County Emergency Medical Semices System Impact Fcc Ordinance; Collier County Ordinance No. 92-22, as amended, the Collier County Road Impact Fee Ordinance; and Collier County Ordinance No. 92-33, as amended, the Collier County Educational Facilities System Impact Fcc Ordinance, as they may be fu~her amended from time to time hereinafter collectively referred to as "Impact Fee Ordinance", provide for waivers of impact fees for new owner-occupied dwelling unit qualifying as affordable housing; and WHEREAS, O~ER has applied for a waiver of impact fees as required by the Impact Fee Ordinance, a copy of said application being on file in thc office of }lousing and Urban Improvement; and WHEREAS, the County Administrator or his designee has reviewed thc OWNER's application and has found that it complies with the requirements for an aflbrdablc housing waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu o1' paymcnl of thc rcquisilc impact fees subject to satisfaction of all criteria in the Impac~ Fcc Ordinance qualifying thc project as eligible for an impact fee waiver; and - 1 - WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embo¢li~l 7 ~ ~ Resolution No. 98- /'? d at its regular meeting of ~ ...... . ,~ y , 1098: and WHEREAS, the Impact Fcc Ordinance requires that II~e O\\'NER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the tbregoing recitals. Ihe parties covenant and agree as follows: 1. RECITALS INCORPORATED. Thc foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of tile dwelling unit (the "Dwelling Unit") and site plan arc attached hereto as Exhibit "A" and incorporated by reference herein. roi Iow; ng: 3. TERM. OWNER agrees that the Dwelling Unit shall remain as afibrdable housing and shall be offered for sale in accordance with the standards set forlb in lhe appendices to the Impact Fee Ordinance for a period of fifteen (15) years commencing from the date tile certificate ofoccupancy is issued for the Dwelling Unit. REPRESENTATIONS AND \VARRANTIES. O\VNER rcpresems and warrants the The Dwelling Unit shall bc sold to a household xvitb a very Iow income as defined in the appendices lo the Impact Fcc Ordinance and his/her monthly payments to purchase ~he D',velling Unit shall be xvithm Ibc affordable housing guidelines established in the appendices to Iht In]pact Fee Ordinance: The Dwelling Unit shall be sold to a first-time bomc bt,.vcr: The Dwelling Unit shall be the homestead ofowner: The Dwelling Unit shall remain as affordable hot,sing Ibr fifteen (15) years from the date the certificate of occupancy is issued for Ihe Dwelling Unit; and OWNER is the owner of record of thc Dwelling {..!nit and oxves impact fees in the total amount of 56,169.52 pursuant to the Impact Fee - 2 - 16A7 Ordinance. In return for the waiver of the impact Fees owed by O\VNER. OWNER covenants and agrees to comply with the affordable housing impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER. iFOWNER sells the Dv,'elling Unil sut,jcct to the impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only lo households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling I/nit must hc utili×ed for affordable housing for a fifteen (15) year period after the date thc certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, tile impact fees shall be immediately repaid to the COUNTY. 7. LIEN. The waived impact fees shall be a lien upon thc D~vclling Unit on tile effective date of this Agreement; which lien may be foreclosed upon in Ibc event of non-compliance with the requirements of this Agreement. 8. RELEASE OF LIEN. Upon satisfactoD' completion of the Agreement requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or upon payment of the v.'aived impact fees. the COUNTY shall, at the expense of tile COUNI'Y. record any neccssar-.' documentation evidencing thc termination of the lien. inclt,ding, but not limited to. a release of lien. 9. BINDING EFFECT. This Agreement shall be binding upon thc parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In thc case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived until said impact fees are paid in full or until thc conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run x~ith thc land and shall remain a lien against the Dwelling Unit until tile provisions of Section 8 arc satisfied. I0. RECORDING. This Agreement shall be recorded bv O\VNER at tile expense of OWNER in the Official Records of Collier ('ounty. Florida. within fifteen 115) days after execution of this Agreement by the Chairman of thc Board ofCounr~. ('ommissioncrs. - 3 - I I. DEFAULT. OWNER shall be in default of this Agreement (I) where OWNER fails to sell thc Dwelling Unit in accordance with Ihe affordable housing standards and qualification criteria established in the Impact Fcc Ordinance and lhcreaficr fails to pay thc impact fees due within thirty (30) days of said non-compliance, or 12) where OWNL:R violates one of the affordable housing qualification criteria in the Impact Fee ()rdinanc¢ for a period of fifteen (i 5) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with thc said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fccs waived shall bc paid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that thc impact fccs waived shall constitute a lien on the Dwelling Unit commencing on thc effective date of this Agreement and continuing for fifteen (15) years from the date of issuance of the ccrtificatc of occupancy or until repaid. Such lien shall be superior and paramount to the interest in thc Dwelling Unit of any owner, Icsscc, tenant, mortgagee, or other person except thc lien for ('ot.lty taxes and shall be on parity with thc licn of any such County taxes. Should thc OWNER bc in dcfi, ult of this Agreement and the default is not cured within (30) days after ~vrittcn notice to OWNER, Board may bring a cml action to enforce this agreement. In addition, thc lien may bc Ibrccloscd or otherwise enforced by the COUNTY by action or stilt in equity as lbr thc tbrcclosur¢ of a ' ' mortgage on real property. This remedy is cumulative with anv other ri,.zht or remedy available to the COUNTY. Thc Board shall be entitled to recover all fees and costs, including attorneys '-~ fees, incurred by thc Board in enforcing this agreement, plus interest at thc start,tory rate for ,._._, judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties bare executed this .'\grccmcnl Ibr Waiver of Impact Fees on the date and year first above written. O\kNERS. HABITAT FOR HUMANITY OF COLLIER COUNTY, IN('. ,. Cj~arles C. smilh, vi i t - 4 - DATED: J U N ;~ 3 19.q~ ATTEST: DWIGHT E. BROCK,'Clcrk -31~% e~t ,.s ~c, Chairman's'- - signature oniZ. 16 7 BOARD OF COUNTY CO.MMISSIONERS COLLIER COUNTY. FLORIDA Approved as to form and legal sufficiency Heidi F. Ashto~n Assistant County Attorney STATE OF Florida ) COUNTY OF Collier ) The foregoing instrument was acknowledged before me this _Z' ',) day of ,~l',. · , 1998 by Charles C. Smith, ' ' · ' Vice President of HaNtat for Humanity ofCollie~r Cot. nty. inc. He i~/perdonally known to me. [NOTARIAL SEAL] Signa. ture of Person Taking Acknowledgment Name of Acknowledger Typed, Printed 6r Stamped jd:gm'c, naptes manor lakes/agree - 5 - 16A7 EXttl FlIT "A" I,E(;AL i)ESCRIPTION I.OT 24 OF BLOCK 13. NAPLES MANOR I.AKF. S. A( '( '()RI)IN(; TO TIlE PLAT BOOK TtlEREOF. AS REC'ORDIil) IN I'I.AT B()()K 3. AT I'AGI,'. 87, OF TI IF. I'! 1131.1(' RIi('ORI),',; ( )F ( '()!,I .I liR ( '( )l IN'FY FLORIDA. - 6 - i",,] A P L E $ k ,f k ..% RI:~()I.I'I ION O1; '['llli Bt)Al,U) ¢)F ('t)1 'N I'Y ('()MMI~.,,;I(iNi:i,L,,;. ('()1 I.lhR ('<)I'N'IY. FI.ORII)^. AIFI'II¢)RIZIN¢i W..\IVIiR OF RI:tiI()NAI. W..\'lld,~ .";Y~'II..M I,MPA('T FE[S. Rii(ilON^I. ~I:WI!ii .";YS'I'I:.M IMI'A('I' I.IItRARY SYSTEM IMPA('T 1"1!155. PARKS ANI) RI{('P,I:..\IIi)N'Ai. FA('II.ITII{S IMPACT Fl-lES. R¢)..\I) IMPA('T l:liliS. 1'2MIiR(iILNi',F Mid)l( '.,il. SI'.RVI('IiS IMI'AC'I' I:IiF. S ,\NI) I:I)I:('.,VI'I¢)NAI. I'..\¢'11.1111:.% .SY.XlhM IMI'A('T I:EES FOR ONI:. II(')IfSF. '1'() Ill: ¢'~')N.";'I'RI'('TI:I) 115' II..\lll'l..\ I IIUMANI'I'Y OF COI.I.IER ('¢)lrN'l'y. IN{'.. I)N I.{11' 25. BI.¢)¢K 13 N..\I'I.liS M:\N¢)R I.AKIiS. ('¢)l.l.lliR COl 'N'I'Y. FI ¢ )RII).,\. WIIERl!.,\S. ('olher ('ounly h:m,~ rccogm/cd and :mncmplcd h~ ;Mdre,~ d~c lack <,1 :MCtlUalc and programs Io ;lSSlhl m thc prllVl~llm of such housing by IllCltldlng several ilr~)~.lxlt,ll~ II1 lhe ( '-lhcr ( 'llUllly ( Management Plan. ~ncluthng: objective 1.4. pohcy 1.4.1: t~blCCll~C 1.5. p~,hc5 1.5.2. imhcy 15.1. pohcy 1.5.4. pohcy 1.5.5. p<d~c> 156: ~hlccllve 1.6. pohcy 16.3: (~b ccl~xc 2.1. lmhc5 2 I I. p,}hc5 2 12. p,d~cy 2.1.3. imhcy 2.1.5. and piti ~cy 2 1.6 ,d' the Ih)using lilcmcnt: and Program set Il}nh m Scclmn a21}.'107 ~ >gq.. Flortda Staltmte~ and ('haptcr ~11-3-. 1. h,rlda .Xdmm~straBxc ( '~}dc: and WIIERI.A5. m accordance wilJl ('oilier ('ourllv ()rdlrlancc Nt~. ~3-1'1. dae (',)ttlllX tx imlJl(*rT/cd to USC ~unding l?om Ibc hlalc lJou~lng JnltlalIVC~ Parlncr-hlp JNI Ill'J J~ro?am hit ~: I~cr~ ~d'{ '~,lhc~ (,nJnlV nnpael and Wilt. F, li,.\S, llabm~! li~r Ihmmamtv of'('olhcr Count>. lac. i,, seeking a '.~;m cr ~1' m~pacl I~'c,: and WI II:RhAS. I labmtat Ibr I lumamtv ot'1 'olhcr ('~tlntS. Inc. ~tll c~m~trucl {mc 111 Ihrcc-bctIr~,m} unit I Ibc "Dwelling I:nH"l ,m I.ol 25. Illock 13 Naples Mam~r I.nkcs ~lnch ~ pn~p~,cd ~ ~cll /bt I'~rly-Six Ih~m,and I'~vc llundred Dollars ~54(~.50~}.0I~}: and WIII{RIi..XS. Ibc I)welhng Umt x~HI be purchased b~ u ~cr5 hm income hnu~cht~ld ~hlch Is required ~nvest a mmmmm t)t' five hundred (5Or)) hours of"St~cat I:tlUll5" bclbrc ~l ,~htamn, t~llc h) thc II(,tlsc: and WIHiRI~AS. Mr Charles ('. Smith. V~ce Prcsldenl {~I' Ilab~lat Ibr Ilumanll5 ~d' ('{~lhcr ('-unly. Inc.. submitted Io thc Office of Ihm~mg and I :than In]pro~cmcnl an Allbrdablc Ihmsmg .'~pphcilht~ll dalcd Aprd 27. 1998 lbr a warier ~q' m~pact l~'cs Iht thc cm]Slruclmn ofa Imu~c on l.ot 25. lily,ok 13 Naplc~ Xlam~r I.akc~. a c.py said appltcalmn m~ ,m lilt m thc I lousing imnd I Jrbiln Impn~vcmcnl I )eparlmcnt: and WtlliRI{AS. m accordance w~fl~ Scctmn 3.04 o1' lbo Rcgmnal ~Vi~tcr S>stcln hnpact I'cc ()rdlllallcC. Ordinance N~. 90-86. a~ amended: Scctmn 3.1t4 ~d' Ibc Rcgmnal Sewer S?q[Clll Jmpacl I'cc (hdmancc . {)rdmancc No. 90-87. as amended: Sectmn 3.114 ol' thc I.~braO' NS,lcm Impacl Fcc {)rdmancc. (lldlnilncc N,}. 88-97. amended: Section 4.05 o1' lhe Parks and Rccrcalmnnl I:;tc~hl~cs Impact fcc t Irthn;mcc. I)nhnancc N~. 8X-96. as amended: Scctmn 3.04 of the Road Impact Fcc Ordinance. { )rdmancc No. 92-22. as amended: Scclmn 3.05 of Emergency Medical Services S)'slem Impact Fcc ()rdinancc. ()rdmancc N~. 91-fl. a~ anlcndcd: lind Scclmn 3315 of thc Educatmnal FacHmcs Syslem Impact Fcc ()rdmancc. ()rdlnancc No. 92-33. ;~ :uncndcd; an apphcant may a waiver oI'impacl Ibes by quahI~'ing tbr a waiver: and - 1 WllliRI:AS. Immokah:e Habitat fi~r Ilumamty. Inc. has quahficd Ibr an Impac~ I~'~. ~a~vt.r based up~m l~llowmg represcmalmns m~de by Imm~kalee Hahllal ~F Ilumam~y. Inc.: A. The Dwelhng Unit shall ~ s~ld 1~ ~ firsi-l~mc home buyer. g. '1 he Dwelhng Unit shMI ~ s~ld lo a h~usehold with a very h~w lnc~mw Icxcl as lhal Icm~ ls defined m thc Appendices Io thc rcs~cl~vc Impact Fee Ordinances and the m-nlhly p;~ymenl t() purchase lhe uml mull ~ within lh~ afTt~rdahlc h,u~ng gmduhne~ c~tahli~hcd m ~1~. Appcndicc~ I,~ Ibc respective Impact F~ fHdinanccs. C'. '1~¢ Dwclhng Umt shall bc th~. Ih~mcstcud ~l'thc ¢~wn~.r. D. Thc Dwelling I;nit shall remain affi~rdable ibr fifteen (15) ycar~ l~,m thc thtc Ihc ct'rllfiCalc ~ccupancy is issued. NOW TIIEREFORE. BE IT RESOI.VEI) BY 'rlll~ BOARI) (~F ('()I;N'IY ('¢)MMISSI(INI~RS ()1: COLLIER ('OI ;N'['Y. FI.ORIDA. that: I. 'l he B¢~ard ¢~ ('~unly ('¢~mm~ssioncrs hcrcby aulh~r~zcs Ibc. (',tml~ M;magcr h~ ~ssuc an Authorization tbr waiver of impact fees tt~ Immokalcc }lah~lat tbr I lumaml).. Inc. lbr ~nc ( I } ht~usc ~ h~ch shall be c.nstmctcd ~m k~t 25. l~lock I~. Naples Man,~r J.akc~. ('~lhcr ( *~unly. Florida. 2. I'p,m receipt by Ibc H¢~usin~ and Urban hnpr(~vcmcnl J)lrcchtr ,,I ;m ;~grc'c'm¢lll Ihr waiver ~f m~pact /~cs signed b)' Immokalcc Ilah~tat tbr Ilumamty. Inc.. ;md-r H~c. purchaser, t~r t~lhcr d~)cumcnlatlon acceptable t,) the ('ounI) Attorney. thc [h)ard ~l'('.umx ('~lll~lllSSlOllCrS hereby authorizes thc payment by ('oilier ('ounly ol'lhe fi~llowmg ~mpact Ir'cs Ih~nl thc Al'tbrd~blc Ilousing 'l'rust Fund. Fund (191 ~. in lhc Ibllowing amounls Ibr thc ~)nc ~1) hm~c I~ bc huHl -n I.ol 25. [Hock 13. Naples Manor Lakes by/mm~kalce ltab~lal l~r Itumamty. Inc.: A J.ibr~ Impact Fcc S g. Roud Impact Fcc 1.379.00 ('. Purks and RecrealionaJ Facilities /mp~cl Fee: ( I ) Community Parks (2) Regional Parks D. EMS Impact Fee IL Educati.nal Facilmcs System Impact Fcc F. Water Impact Fee G. Sewer Impact Fee TOTAl. IMPACT FEES S6,169.~2 3. l~c payment of impact fees by Collier ('.unty ~s subject t. thc c.xCCtlllotl and rcc~)rdali()n ~)fan agreement /bt waiver of C'ollicr County Impact Fecs between Ibc pr. pc. fly -whet and/or purchaser and the County. - 2 - Resolution adopted after molion, second and major~ty DATED: z' ...; . , ATI'EST: DWIGtlT E. BROCK. Clerk Att,:, t.; 'Zh',tnman'$ Approved as to Form and legal sufficiency: Heidi F. Ashton Assistant County Attorney BOARI) ()F ('OUN'IY ('()MMI.',;.SI( ¢'()I.I.IF.R ('f)I/NI'Y. FI.()RII)A jd/gnv'c/naplcs manor lakes, reso EXlllBIT "A" LEGAl. DESCRIPTION LOT 25 OF BLOCK 13. NAPLES MANOR I.,.\KE.';. A{'¢ '{ )RI)IN(i TO THE PLAT BOOK TIIEREOF. AS RI~I.'ORDED IN I'l.A'l 3. AT PAGE 86, OF TIlE PUBLIC RECORDS OF ('Ol.l. IliR FLORIDA. - 4 - AGREEMENT FOR WAIVER OF COI. LIER COUNTY IMPACT FEES This Agreement for thc Waiver of Impact Fees entered into this,-~__)'day of. Z, .,~z.. 1908. by and between the Board of County Commissioners of ('oilier County. Florida. hereinafter rclk~ctl to as "COUNTY" and Habitat for Humanity of (,oilier County. Inc.. hereinafter rel~cd Io as "OWNER." WITNESSETH: WHEREAS, Collier County Ordinance No. 90-86, as amended, thc ('oilier ('ounty Regional Water System Impact Fee Ordinance; Collier ('ountv ()rdinancc No. 9{~-g7. its amended, thc Collier County Regional Sewer System Impact Fcc Ordinance: ('oilier ('ounty Ordinance No. 88-97, as amended, thc Collier County Libran' System Impact Fcc Ordinance: Collier County Ordinance No. 88-96, as amended, thc Collier County Parks and Recreational Facilities Impact Fcc Ordinance: Collier County Ordinance No. 91-71. as amended, thc ('oilier County Emergency Medical Sen'ices System Impact Fee Ordinance: Collier ('ountv Ordinance No. 92-22, as amended, the Collier County Road Impact Fee Ordinance: and Collier ('ounty Ordinance No. 92-33, as amended, the Collier County Educational Facilities System Impact Fcc Ordinance, as they may be fu~her amended from time to time hereinafter collectively rcl~ctl to as "Impact Fee Ordinance", provide for waivers of impact fees for new oxvncr-occupicd dwelling unit qualifying as affordable housing; and ppli WHER[AS. OWNER has a cd for a ~vaivcr of impact l~cs as required bv~ thc Impact Fcc Ordinance, a copy of said application being on file in thc office of Ilousing and Urban Improvement; and WHEREAS. the County Administrator or his designee has reviewed thc OWNER's application and has ~ound that it complies with thc requirements IBr an affi*rdablc housing waiver of impact fees as established in the Impact Fee Ordinance: and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fcc Ordinance qualifying thc project as eligible lbr an impact fee waiver; and WHEREAS. the COUNTY approved a waiver of impact fees Ibr OWNER embodied in Resolution No. 98- :' at its regular meeting of . \VHEREAS. the Impact Fee Ordinance requires tha! thc OWNER enter into an Agreement with thc COUNTY. NOW, THEREFORE, in consideration of thc foregoing recitals, thc parties covenant and agree as follows: 1. RECITALS INCORPORATED. Thc foregoing recitals arc true and correct and shall be incorporated by reference herein. LEGAL DESCRIPTION. Thc legal description of thc civ.'oiling uni! (thc "l)wclling Unit") and site plan arc attached hereto as Exhibil "A" and incorporated hv reference herein. 3. TERM. O~VNER agrees that thc Dwelling Unit shall remain as aftbrdablc housing and shall be offered for sale in accordance with the standards set forth in the :,ppcndiccs to the Impact Fee Ordinance for a period of fifteen (15) years conmmncing from ~hc date the cerli ficate of occupancy is issued For the Dxvelling Unit. following: REPRESENTATIONS AND \VARRANTIES. OWNER represents and warrants the Thc Dwelling Unit shall bc sold to a household with a very Iow income as defined in thc appendices to the Impact Fcc Ordinance and his/her monthly payments to purchase thc Dv.'clling Unit shall bc within thc affordable housing guidelines established in thc ~,ppendiccs to thc Impact Fee Ordinance; The Dwelling Unit shall be sold to a Iirst-timc home buyer: ]'he Dwelling Unit shall be the homestead of owner: Thc Dwelling Unit shall remain as affordable hm~sing Ibr Ii!iccn (15) years from thc date thc certificate of occupancy is issued for thc i)wclling Unit: and OWNER is tim owner of record of the Dwelling Unit and ov,'es impact fees in the total amount of $6,169.52 pursuant to the Impact Fee - 2 - Ordinance. In return £or thc waiver of'thc impact £¢cs owed hy OWNER, OWNER covenants and agrees to comply with the al'fordable housing impact fcc v,'aivcr qualification criteria detailed in thc Impact Fcc Ordinance. 5. SUBSEQUENT TRANSFER. lfOWNERscllsthe Dxvclling I;nit subjcct to thc impact fcc waiver to ast, bscqucnt purchaser, tile Dwelling Unit shall bc sold only lo households meeting the criteria set forth in tile Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. Thc Dwelling Unit must bc utilized Ibr affordable housing for a fifteen (15) year period alter the date thc certificate of occupancy is issued; and if thc Dwelling Unit ceases to be utilized for that purpose tluring such period, tile impact fees shall be immediately repaid to tile COUNTY. 7. LIEN. The waived impact fees shall be a lien upon tile Dwelling Unit on thc effective date of this Agreement; which lien may be foreclosed upon in thc event of non-compliance with thc requirements of this Agreement. 8. RELEASE OF LIEN. Upon satisfacto~, complc~ion of thc Agreement requirements and fiftccn (15) years after tile date of issuance of thc certificate of occupancy, or upon payment of thc waived impact fees, the COUNTY shall, itt the expense of thc COUNTY, record any necessary documentation evidencing thc termination of the lien, including, but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall he binding upoll thc parties to this Agreement and their respective heirs, personal representatives, successors ami :,ssigns. la thc case of sale or transfer by gift of the Dwelling Unit, tile original OWNER shall remain liable Ibr thc impact fees waived until said impact fees are paid in li~ll or until thc conditions scl IBrth in the Impact Fcc Ordinance are satisfied. In addition, this Agreement shall run with thc land and shall remain a lien against thc Dwelling Unit until tile provisions of Section 8 arc satisfied. IO. RECORDING. This Agreement shall be recorded by O\VNER at tile expense of OWNER in thc Official Records of Collier Cmmty, Florida, within fifteen (15) days after execution of this Agreement by the Chairman of thc Board of (_'ounty Commissioners. CZ2) - ;3 - 16 ?, I l. DEFAULT. OWNER shall be in default of ti'tis ,'\grccmcnt (I} where OWNER fails to sell the Dwelling Unit in accordance wilh the affordable housing slandards and qualification criteria established in the Impact Fee Ordinance and lhereafier fitils to pay impact fees due within thirty (30) days of said non-compliance, or (2~ where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance Ibr a period of fifteen (I 5~ days after notice ofthe violation. 12. REMEDIES. Should the OWNER of the property Ihil to comply with thc said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in fi~ll hy ()XVNER within thi~y (30) days of said non-compliance. OWNER agrees thal thc impact Ikcs waived shall constitute a lien on thc Dwelling Unit commencing on thc effective dale ()l' this Agreement and continuing for fifteen (15} years from the date of issuance of thc ccnificalc of occupancy or until repaid. Such lien shall be superior and paramount to the interest in thc Dwelling Unit of any owner, lessee, tenant, mo~gagee, or other person except the lien for County taxes and shall bc ou parity with the lien of any such County taxes. Should the OWNER bc in dcfimlt of this Agreement and the default is not cured within (30) days after written not/cc to ()WNER, thc Board may bring a civil action to enforce this agreement. In addition, thc lien may be lbrccloscd or othe~vise enforced by the COUNTY by action or suit in equity as tbr thc fi~rcclosurc of mortgage on real property. This remedy is cumulative with any other right or remedy available to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys fees, incu~ed by the Board in enforcing this agreement, plus interest al ~hc statutory rate .judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the panics have executed this Agreement tbr Waiver of Impact Fees on the date and year first above written. OWNERS: HABITAT FOR i'tUM,,\NITY {')F COLLIER COUNTY. INC. Charles C. Smilhl v~ce P~'~si/)ent - 4 - DATED: // ATTEST: "" .-. ,DWIGHT E. BROCK, Clerk Approved as to fom~ and legal sufficiency H~idi Fi Ashto~ ~. Assistant County Attorney 1 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA STATE OF Florida ) COUNTY OF Collier ) The foregoing instrument ,,vas acknowledged before nf this / j da,,,' of /, ,,.. , 1998 by Charles C. Smith. Vice President ofllabitat for tlumanit.5 ofColli~r (.'otmtv. Inc. II'is personally known to me. [NOTARIAL SEAL] Signamr.'o of Person Taking Acknowledgmt)nt Name of Acknowledger Typed, Printed o~r Stamped jcl/gm/c/naples manor lakes,agree - 5 - EXHIBIT "A" LEGAL DESCRIPTION LOT 25 OF BLOCK 13, NAPLES MANOR LAKES. A('('ORDIN(; TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BO()K 3, AT PAGE 87, OF THE PUBLIC RECORDS OF COI.I.IF.R ('OI INTY FLORIDA. - 6 - ,f ?1( : RESOLUTION OF TIlE BOARI) ()1: ¢'()I'N'I'Y ('()MMISSI(INI:I,tS. ('()I.I.II{R CO['NTY. FLORIDA. AUTHORIZING 9.':M%'I:R OF RI!(iI()NAI. WAI'IiR SYSTEM IMPACT FEES. REGIONAl. SF. WI:R S','S'HiM IMI'A¢"I FI:I,.S. LIBRARY SYSTEM IMPA('T FF. ES. I'ARKS AND Rlif'RI,.AI'It~NAi. FA('II.ITIF. S IMPACI' FF. ES. ROAI) IMPAf'I fl!ES. I:MIiRfiI.~N'('Y ,MliDI¢'AI. SERVICES IMPACq' FEES AND F.I)I:('A'I'If)NAI. FAf'II.ITIliS ,~YS'I'I(M IMI'A("F I:F.F.S FOR ONF. II¢)IISE '1'¢) lie ¢'t)NS'IRI~("II..I) BV I1:\1{1'1 :%1 I.()R IIUMANII'Y OF ('OI.I.It{R ('()I!NIY. INt'.. (IN I.t)l 2t,. BI.()('K 13 N:\I'I.I-.S MANOR LAKF. S. ¢'()LI.IER ('OI !NTY. FI.( )RID:\. WtIEREAS. ('olhcr County has recogmzed and attempted to address thc lack ol' adequate and aflbrdahle housing for moderate. Iox~. and vco'-h}w income households m thc ('ounty and thc need Iht crcam'c and innovative pr%warns to assist m thc provismn of such housing by including several prov~smns m Iht ( 'olhcr County Growth Management Plan. including: objective 1.4. policy 1.4.1: ubjcctlvc 1.5. policy 1.5.2. p.hcy 1.5.3. pohcy 1.5.4. policy 1.5.5. pohcy 1.5.(,: t~bjcct~vc 1.6. pohcv 1.6.3: objcct~vc ~ I puhcy ~ 1.1. p~d~cv ~ ~ ...... . -.1._. imhcy 2.1.3. pohcy 2.1.5. and policy 2.1.6 of thc Ilousmg l:lcmcnl: and WIIEREAS. Colhcr County has rcccn'cd lBnding pursuanl m thc State Ihmsmg Inmal~vcs Partnership Program set fbnh In Scctlun 420.907 cL ~cq.. I:h~r~da Stalulc~ and ('haptcr 91-37. I'h}r~da .'~thmm~tral~ve ('ode: and WHEREAS. m accordance with ('oilier ('ounly Ordinance No. 93-19. Ibc ('ounlx ~ aulh,~rized I~} usc funding from thc State Ihmsmg lmlml~vcs Parlncrsh~p ISIIIP] Progran~ lbr ~ancr~ oI'1 '~dhcr ('~mnly mlpacl /kcs: and WI-IEREAS. I labltat for I lumantty of Collier County. Inc. ts scckmg a ;~a~x'cr ~,f Impacl I'ce~,: and WItEREAS. I lah~tat fi)r l fumamty of ('oilier ('ounly. Inc. will construct m~c ~1~ lhrcc-hctlrtum~ troll Il}lc "Dwelling Untt") on l.ot 26. Block 13 Naples Manor I.akcs x~h~ch ~s proposed m sell fi~r Iq~rty-S~x I'housand F~vc ltundred Dollars (S46.50{I.001: and WIIEREAS. the Dwelling Unit will be purchased by a xcry Iow income Imusch,dd winch ~s required to invest a minimum o1' five hundred {500) hours of'"Swcat l.klmty" hcfbrc ~t obtmns t~tlc t~ thc Imusc: and WIII'.REAS..Mr. ('harlcs ('. Smith. Vice Prcstdcnt t~f' Ilahitat fi~r Ihmmmty .l' ('{,llicr ('OUllly. Inc.. submitted to thc Ol'licc .f' lhmsing and ['rhan Iml~rovcmcnt an A l]i~rdahlc Ihmsmg Apl, l~c:~t.,n dated April 27. 1998 fbr a wmvcr tlr' m~pact fkcs Ibr thc constructmn of'a Imusc tm I.~l 26. Ith~ck 13 Naples Mam~r I.akcs. a c~py o1' sa~d applicatmn ~s on file m the Ihms~ng and I;rban i nprovcmcnt Dcparlmcnt: and WftEREAS. m accordance wtth Sccllon 3.04 of thc Rcgmnal Walcr System Impact Fcc {)rthnancc. Ordinance No. 90-86. as amended: Scctmn 3.04 of' the Rcgmnal Sewer System Impact Fcc t )rdmancc. (kdmancc No. 90-87. as amended: Scctton 3.04 of thc I.~bra~' Syslcm Impact Fcc Ordinance. flnhnancc No. 88-97. as amended: Section 4.05 of' Iht Parks and Rccrcammal I:aciht]cs Impact Fcc Ordinance, (}rdmancc No. 8S-96. as amended: Section 3.04 of thc Road Impact Fee Ordinance. Ordinance No. 92-22. a~ amended: Scctmn 3.05 of thc Emergency Medical Scrx~ccs System Impact Fcc Ordinance. Ordinance No. 91-71. as amcmlcd: and Scctmn 3.05 of' thc Educational Facilities System Impact Fcc Ordinance. Ordinance No. 92-33. as amended: an apphcanl may obtain a waiver of impact fkcs by qualifying tbr a wmvcr: and WIIEREAS. Immokalec llabitat fi~r llumantty. Inc. ha~ quahlied fi~r an ~mpacl l~'c w~t~vcr hascd upton thc t~llowmg representations made by [mmokalcc llabltat Ibr l lumamly. Inc.: A. ~e Dwelling Unit shall be sold to a firsl-t~mc home buyer. T,w Dxvclling Unit shall ~ sold to a housch{fid witJl a l'c~' Jt)~ illcl~nlc lex cl ils thai term ~s defined m thc Ap~ndices to the ~s~ctivc Impact Fcc ()rdmances and thc monthly p~ymcnt to purchase thc unit must ~ wflhin thc aflbrdable housing gmdclincs cstabhshcd m Ibc Appcnthccs h) thc respective Impact Fee Ordinances. C. 'Ibc l)~vclling Unit shall be Ihe IIomcstcad of thc owner. D. ~e Dwelling Unit shall remain aflbrdahlc lbr fitlccn {15) years I?om ~hc date the certificate of ~cupancy ~s issued. NOW TIIEREFORE, BE IT RESOLVED BY 'HILL II()ARD ()1: ('()I.:N'I'Y ('{)MMISSI()NERS ()l: COLLIER ( OUN'I Y. [:I.ORIDA. that: 1. 'l~c th~ard of County Commtssmners hereby auth~rizc, lhe ('ountv Manager m ~ssuc an Authortzat~on for waiver of tmpacl l~es to hnmokalcc I lab~tat ft~r I lumam~y. Inc. fi~r m~c {I ) house which shall be constructed on Lot 26, Block 13. Naples Mam~r l.akc~. ('olhcr ('ounty. Florida. 2. I rp~n receipt by Iht Ilousing and Urban Impr~vcmcnt I)~rcctor of an agreement Ibr waiver of ~mpacl ~'es signed by lmmokalee Ilab~tat fi~r [lumamly. Inc.. and~,r thc purchaser, t~r other documcntallon acceptable to Ibc County Altomcy. Ibc Iloard of {'ounty (~,,~m~ss.mcrs hereby authorizes the payment by ('olhcr Uounly of thc fi)llo~vmg m~pacl l~cs ~?~ml thc A flYrdablc I lousmg Trust Fund. Fund (191), in Iht lbllowing amounts lBr the one ( I ~ house m be built on l.ot 26. Illock 13. Naples Manor Lakes by Immokalee llab~tat IBr Ilumamty. Inc.: A. l-~braD' Impact Fee S 180.52 [I. Road Impact Fee 1.379.00 ('. Parks and Recreational Facilities Impact Fee: ~ I ~ ('ommumty Parks 39~1.t~ ~2 ~ Regional Parks 179.00 1)~ I:MS Impact Fee Ii. l~ducat~onal Facilmcs System Impact Fee F. Water Impact Fee G. Sewer Impact Fee 51,34~),~ TOTAL IMPACT FEES S6,169.51 3. Thc payment of impact tkes by Collier ('ounty ~s subject to thc cxccutmn and recordation of an agreement rot waiver of Collier County Impact Fees bclwecn Ibc property owner and/or purchaser and the County. This Resolution adopted after morton, see.nd and majority v~,tc 1 6A?, II DATED: . ~ ,.'; ATTEST: DWIGIIT IL lJRCX K, ('lcrk ~t<:',:t ,~s to Chatraan'$ si~4~tur~ on 1.y. Approved as [o £orm and legal su~ciency: tleidi F. Ashton Assistant County Attorney jd/gm.'c/naplcs manor lakes, rcso I~OARI) (')F ('()UN'I'Y ('¢)MMI,~.~I(}NI~R.,,; ('()I,I,II.:R ('OI/N'I Y. EXIIIBIT "A" DESCRIPTION I.OT 26 OF BLOCK 13. NAPLES MANOR LAKES. A('CORi)IN(i 'FO TIlE PLAT BOOK TIIEREOF. AS RE('ORDF. I) IN PI.AT 3. AT PAGE 86. OF THE PUBI.I(' RI,:('ORDS OF ('t)l.l.ll:R ('¢)11NTY FI.ORIDA, AGREEMENT FOR WAIVER OF COI.I.IER COUNTY IMPACT FEES 16A7 This Agreement for the Waiver of Impact Fees entered into this...?_.,:day o1' ' ..-,,, ,~ 1998. by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred It) as "COUNTY" and Habitat for Humanity of Collier County, Inc., hcrcim, ftcr rcfizrrcd to as "OWNER." \VITNESSETH: WHEREAS. C'ollicr County Ordinance No. 90-86. as amended, thc ('oilier County Regional Water System Impact Fcc Ordinance; Collier County Ordinance No. 90-87. as amended, the Collier County Regional Sewer System hnpact Fcc Ordinance; ('oilier County Ordinance No. 88-97, as amended, the Collier County Library. System hnpact Fcc Ordinance; Collier County Ordinance No. 88-96, as amended, the Collier ('ountv Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71. as amended, thc Collier County Emergency Medical Sec'ices System Impact Fee Ordinance: Collier County Ordinance No. 92-22, as amended, the Collier County Road Irnpact Fee Ordinance: and Collier County Ordinance No. 92-33, as amended, the Collier County Educational Facilities System hnpact Fcc Ordinance. as they mav be further amended from time to time hereinafter collectively referred lo as "Impact Fee Ordinance". provide for waivers ot~ impact fees for new owner-occupied dwelling unit qualifying as affordable housing; and WHEREAS. OWNER has applied for a waiver of impact fees as required by the Impact Fee Ordinance, a copy of said application being on file in the office of Housing and Urban Improvement; and \VHEREAS. tile County Administrator or his designee bas reviewed tile OWNER's application and has lbund that it complies with the requirements for an affordable housing w~,iver of impact fees as established in the Impact Fee Ordinance: and WHEREAS. the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fcc Ordinance qualifying the project as eligible for an impact fee waiver; and - 1 - WHEREAS, the COUNTY approved a ~vaiver of impact fees for OWNER embodied in Resolution No. 98- , , ,.,. at its regular meeting of._?.L~__cLr.~__,. _-.-__~ .... .1998: and WHEREAS, the Impact Fee Ordinance requires that thc OWNER enter into an Agreement xvith the COUNTY. NOW, THEREFORE, in consideration of thc foregoing recitals, thc p~.,rtics covenant and agree as follows: I. RECITALS INCORPORATED. Thc foregoing recitals arc truc and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of thc dwelling unit (the "Dwelling Unit") and site plan are attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as afibrdable housing and shall be offered for sale in accordance with the standards set forth in thc appendices to the Impact Fee Ordinance for a period of fifteen (15) years commencing l¥om thc date thc certificate ofoccupancy is issued for the Dwelling Unit. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants thc following: eo 'Fhe Dwelling Unit shall be sold to a household with a very Iow income as defined in the appendices to the Impact Fcc Ordinance and his/her monthly payments to purchase the Dwelling Unit shall he within the affordable housing guidelines established in the appendices to thc Impact Fee Ordinance; Thc Dwelling Unit shall be sold to a first-time home buyer; 'Fhc Dwelling Unit shall be thc homestead ofowncr; The Dwelling Unit shall remain as affordable housing Ibr fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of S6.169.52 pursuant to thc h'npact Fee - 2 - 16 7 Ordinance. In return for the waiver of the impact fees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing impact fee waiver qualification criteria detailcd in thc Imp;,ct Fcc Ordinance. 5. SUBSEQUENT TRANSFER. If OWNER sells tlle Dwelling Unit subjcct to thc impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. Thc Dwelling Unit must be utilized affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, thc impact fees shall be immediately repaid to the COUNTY. 7. LIEN. The waived impact fees shall be a lien upon tile Dwelling Unit on tile effective date of this Agreement; which lien may be foreclosed upon in the event of non-compliance with tile requirements of this Agreement. 8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements and fifteen (15) years after the date of issuance of tile ccrtificatc of occupancy, or upon payment of the waived impact fees, the COUNTY shall, at the expense of thc COUNTY, record :my necessary documentation evidencing the termination of thc lien, including, bt, t not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall be binding t~pon the parties to this Agreement and their respective heirs, personal representatives, successors ;.md assigns. In thc case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived until said impact fees are paid in fi~ll or until thc conditions scl tbrth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 arc satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of O~rNER in the Official Records of Collier County, Florida. within fifteen (151 days after execution of this Agreement by the Chairman of the Board of County Commissioners. I I. DEFAULT. OWNER shall be in defauh of this Agreement II } where OWNER fails to sell tile Dwelling Unit in accordance with tile affordable housing slandards and qualification criteria established in tile Impact Fee Ordinance and thcrcoftcr fails to pay the impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates one of tile affordable housing qualification criteria in lhe hnpacl Fee Ordinance Ibr it period of fi fieen (15) days after notice of tile violation. 12. REMEDIES. Should tile OWNER of the property fail to comply with the said qualification criteria at any time dr, ring Iht filiccn (15) year pcrmd or shoultl ()WNI£R violate any provisions ofthis Agreement, the impact fees waived shall bc paid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that thc impact fccs waived shall constitute a lien on the Dwelling Unit commencing on tile effective dale of this Agreement and continuing for fifteen (151 years from thc date of issuance of tile ccrtilicatc of occupancy or until repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except the lien tbr Counlv taxes and shall bc on parity with the lien of any such County taxes. Should thc OWNER be in dcl~ul! of this Agreement and thc default is not cured xvitlfin (30) days after written notice to OWNER. thc Board may bring a civil action to enforce ti'tis agreement, hi addition, thc lien may be Ibrccloscd or otherwise enforced by thc COUNTY by action or suit in equity as Ibr thc Ibrcclost, rc of a mortgage on real property. This remedy is cumulative with any other right or remedy available to the COUNTY. Tile Board shall be entitled to recover all fees and costs, including attorneys fees, incurred by tile Board in enforcing this agreement, plus interest al tile statutory rate judgments calculated on a calendar day basis until paid. lN WITNESS WHEREOF. the panics have executed ti'tis Agreement tbr Waiver of Impact Fees on the date and year first above written. Witnesses: ./.,,, ,.. .... fi,_ ,,- ~ '/., . l~int Name ,.~, ..._...,, ,.. ,. :?., , ,../ OWNERS: HABITAT FOR HUMANITY OF COLLIER COUNTY. 'Chid& C. Smith: Vicg P'reSide~lt - 4 - DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA Barb~'~'B'. §e~T~', Ch"~a'nnan~' "~"--X, Approved as to form and legal sufficiency Hesdi F. Ashton Assistant County Attorney STATE OF Florida ) COUNTY OF Collier ) The foregoing instrument was acknowledged belbre me this / f~ day ot' ///,$i, , , 1998 by Charles C. Smith, Vice President of Habitat For Humanity of Collier County, Inc. He is/personally knoxvn to me. [NOTARIAL SEAL] Signatur4 of Person Taking Acknowledg~mcnt Name of Acknowledger TyCed, Printed o/Stamped jcl/gm/c/naples manor lakes/agree - 5 - 16A7 EXHIBIT "A" LEGAL DESCRIPTION LOT 26 OF BLOCK 13, NAPLES MANOR LAKES. At'( TO THE PLAT BOOK THEREOF, AS RECORDED IN PI...VI' BO()K 3, AT PAGE 87, OF TIlE PUBLIC RE('ORDS OF ('OLI_iI:'R ('OUN'I'Y FI.ORIDA. co o - 6 - " RI~S(}I.I.'TION ()F TIlE BO,.\RI) ¢)F t'( )t :N'I'Y ¢'O.\IMI.";SI¢}NI:R.',;. ( '~ ~I.I.IER ('{)t;NFY. FI.ORIIL,\. AI'TIIORIZING WAIVER OF P,I:(iI~')N,.\I WAIliR SYS'FEM IMPACT I:EES, RF.(iIONAI. SEWF. R .',;YS'I'EM IMI'A('I I.IBRARY SYS'I'IiM IMI'A¢"I H',I:.',;, PARKS ANI) I~,l..t'Rl::\l I~)N:\I. FA( II.ITIF. S IMPAt'T FEES. ROAI) IMI'A('I' FF.I.~S. liMliR~iliN('Y MI..I~I¢'..\I SI:RVI¢'F.S IMPA¢"I FI:I..S ANI~ I..I)I~(':\'I'I~)NAI. F:\¢'II.I'I lES IMI'AC'T FEES !:¢11,~ ONE Iff )1 :SI: '1 t ~ HI.. ~ 't INN'1 RI :( '1 I..I ) I~Y I IAHI I A I I't III;MANI'IY ¢.q. (O[.I.II:R ('~I'NIY. IN('.. ()N I.¢~1 20. I~I.~¢'K 4 N.\I'I.I',S MANOR I.AKI:S. ¢'oI .I,II:R ('O1 ~N'I Y. FI.OI~,II)A. WIIF. RF. AS. (.'oilier County has rccogmzcd and attempted to address thc lack of adcqui, te and aflbrdahlc housing lbr moderate. Iow. and vco'-h)w income houschold~ m the ('ounty and thc nccd fi~r crcatwc and innoval~vc programs lo as~t~l i~ the provision of such }l~tl~lng by including ~cxcra] provl~lOll~ i1~ tllC ('~dllcr ( '~unty ( ;ro~vth Management Plan. including: objective 1.~. policy I.g.1; objecl~vc 1.5. pohcF I.~.2. policy 1.5.3. pohcy pohcy 1.5.5. pohc3 I 5 6; obJcCllvc If,. p,hcF I C, X: ohlecllxe 2.1. p-he3 211. p-Ifc2. 2.1.2. policy 2.1.3. 2.1.5. and pohcy 2.1.6 of the Ih,using I:lcmcnt; ami WIll:RI:AS. {'.lhcr ('Otllll? ha, rccc~xcd lumhng purst:anl t- thc Nlalc I lousmg [:llllallvcs I'arttscrsh~p Program sci fi~h ~n Scclmn 420.907 ~.. Florida Statutes and ('haptcr 91-37. Honda :~tlmlnlstratlvc ('ode; and WIII.RI(,kS. m accordance with ('.lhcr ( ounly {}rdmancc No 9~-I% Ibc ('otmlx ~x a,thort/cd Io usc funding i?om thc State IIousmg Initialives I'arlncrsh~p [SIIIP[ Pr,gram lbr x~:,xcr~ -I ( oilier {'otml5 mqaacl IL'cs; and WIIICREAS. I lab~tat fi~r I lumamty of ('olhcr ('ount). Inc. ~s seeking a wa~ cr of m~nact I~cs: and WIIEREAS. Ilab~tat fi~r Ilumamty ol'('olhcr County. Inc. x~fll construct one (11 three-bedroom umt (thc 'Dwclhng I:mt"} on I.ot 20. Bh~k 4 Naples Manor I.akcs ~h~ch ~s propelled t. sell fi~r Forly-Nsx I'hous;ind Five Hundred Dollars 1S46.500.00): and WIIEREAS. Ibc I)xselhng tYmt will be purchased bra vetF Iow income hou~ch.ld xxh~ch ~s rcqtnrcd revest a mmm~um of five hundred (500) hours of "Sx~cat l(qtnt? bcfi~rc It oblamh title to thc hotlsc: and WtlEREAS. Mr. ('harles ('. Smith. %cc President of llabm~l Ibr Iltsmamt) ol ('.lhcr ('ountF. Inc.. submitted to thc Office of I lousmg and Urban Improvement an Al'fi~rdahlc I lou,mg .Xpphcatmn dalcd April 27. 1998 fi~r a xxa~xcr of ~mpacl l~es liar thc con~Iructmn of a house on lot 20. llh,ck 4 Naplc, Mam~r I akc~. a copy of sa~d apphcatmn i~ on Sic m the Itousmg and {'rh;m lmproxcmcnt I)cpartmcn~: and WIII~RI.~AS. m accordance w~th Scctmn 3,4 .f file Rcgmnal ~k'atcr N~.lcm Itll[~;tCl I:ec ()rthnancc. Ordinance No ')~1-,~. a~ amended: Scct~on ).o4.fthc Rc~mnal Sc~cr N).:cm Imp;tot Icc ~)rdln;,ncc . {}rdmancc No. gO-~7, a. amended: Section 3,04 of Ibc [abrary SFstcm Impact Fcc {}rdmancc. {}rdlnancc No. SS-qT. as amended: Sccllon 4.0~ oJ' lhe Parks and Recreational I:acfl~t;es Impact Fcc Ordinance. { }rdulancc No. SN-~)(~. amended: SeCl~On 3.04 of the Road Impact Fee Ordinance. ()rdmancc No. 92-22. a~ amended: Scct~on 3.05 of the Emergency Nled~cal Sen'~ces System Impact Fcc ()rdmancc. { )rdmance No. 91--I. a. amended: and Section 3.05 of lhe Educational J:acthtlc~ System Impact I:ee ()rdmancc. Ordinance No. 92-)3. a. amended: ;m apphcant may obtain a ~aiver of ~mpacl Ii'cs by quahl~ mg l~r a s~awer; and WIII:REAS. Imrnokalee tlab~ta! for Ilumamty. Inc. has quahficd fm an impact fcc waiver based upon thc following rcprescntatmns made by Immokalcc llahital Ibr I lumamly. Inc.: A. l'hc l)x~clhn~ Umt shall ~ sold to a first-rant home buyer. B. '[~c Dx~elhng Unit shall ~' sold to a household with a vc~' Imx .ncmne Icxcl as Ihal term ~s dclincd m lhe Ap~ndlccs to thc rcs~'ctwc Impact Fcc ~dmanccs and thc monthly payment to purchase thc umt must ~ within the affi~rdablc housing guidchncs cstabh~hcd m thc Appcmhcch rcspcctwc Impact Fcc Ordinances. C. 'I he Dwclhng Unit shall ~ thc I[omcslcad oflhe owner. I). 'lhe Dwelling Uml shall remain allbrdable IBr fifteen (15} ycar~ l?om thc dale thc cemficatc of ~cupancy ~s ~ssucd. NOW IHEREFORE, BE IT RESOI.VED BY TIlE BOARD OF ('{}I:NI'5' {'~}MMISSI(INERS COLLIER COUN'[Y, FI. ORIDA. that: 1. The Board of Counly Comm~ssmncrs hereby authorizes Ibc ('otlnt5 Mimagcr to issue an Aulhor~zat~on for waiver of impact fees lo Immokalcc Ilab~at fi~r I lumaml5. Inc. Ibr one ~ h~ch shall be constructed on I,ot 20. BIt~k 4. Naples Manor I.akcs. ('-Ihcr { 'oun~y. Fhmda. 2. Upon receipt by thc Housing and Urban Improvement D~rcclor of an agrccmcm lbr waiver of ~mpact fees s~gned by Immokalcc tlab~tat for Itumamty. Inc.. and or thc purchaser. documentatmn acceptable to thc County Attorney. the Board of ('otl~lly (ommlss~oncrs hereby authorizes Ihe payment by ('oilier County of the Ibllowmg ~mpact l~cs l?~m~ thc Al'li,rdablc I lousing Trust Fund, Fund (191). in the following amounts li}r the one (I) house lo be bruit on I,ot 20. Block 4. Naples Manor Lakes by immokalee ltab~tat Ibr Humamly. Eno.: A. I.ibra~ Impact Fee S 18052 B. Road Impact Fee 1.379.O0 C. Parks and Recreational }:acd~t~es Impact Fee: ( I ) ('ommumty Parks 399.Ol} (2) Regional Parks 1 D. EMS Impact Fee Ia. OO E. Educational Facilities System Impact Fee 1.778.O0 F. Water Impact Fee 900.00 G. Sewer Impact Fee ~1.340.O0 TOTAl, IMPACT FEES $6,16~L52 3. 'thc payment of impact fees by Collier County ~s subject m Iht cxccumm and rccordatmn ~1' an agreement for waWcr of ('olher ('ounty Impact Fees between thc property owner ancot purchaser and the County. - 2 - I'h~s Resolution adopted alter motion, second and majonly vote favoring same. Approved as to form and legal sufficiency: Assistant County Attomcy BOARI) OF ¢'OUNTY ('ONI.MISSIONIiR,',; ¢'OI.I.IER ('O! !NTT. FI.ORII)A jcl/gm/c/naples manor lakes reso - 3 - EXtllBIT LEGAl. DESCRIPTION LOT 20 OF BLOCK 4. NAPLES MANOR LAKES. TO TIlE PLAT BOOK THEREOF. AS RECORDED IN PI.AT BOOK 3. AT PAGE 86. OF TIlE PUB[.I(' RF. CORDS OF ('(}l.l. IER f'f)ITN'I'Y FLORIDA. - 4 - MAPLES AGREEMENT FOR WAIVER OF COLI,IER COUNTY IMPACT FEES 1 A71 i This Agreement for thc Waiver of Impact Fees entered into this~_~'~tlav of f)- 1998. bv anti between the Board of County Commissioners of Collier Count.,,'. Florida. hereinafter referred to as "COUNTY" and Habitat for Humanity of Collier County. Inc.. hereinafter roi'erred lo as "OWNER." WITNESSETH: WHEREAS, Collier County Ordinance No. 90-86, as amended, tile (.'oilier County Regional Water System Impact Fee Ordinance: Collier County Ordinance No. 90-87. as amended, the Collier County Regional Sewer System Impact Fee Ordimmcc: ('oilier ('otulD,' Ordinance No. 88-97. as amended, the Collier County Library System Impact Fcc ()rdimmcc: Collier County Ordinance No. 88-96. as amended, thc Collier ('ountv Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71. as amended, ibc ('oilier County Emergency Medical Services System impact Fee Ordinance; Collier County Ordinance No. 92-22, as amended, the Collier County Road Impact Fee Ordinance: and ('oilier County Ordinance No. 92-33, as amended, thc Collier County Educational Facilities System Impact Fcc Ordinance. as they may be further amended from lime to time hereinafter collectively referred I,~ as "Impact Fee Ordinance". provide for waivers of impact fees for new oxx ncr-occupied dwelling unit qualifying as affordable housing: and WHEREAS. OWNER has applied for a waiver of impact fees as required by thc Impact Fee Ordinance. a copy of said application being on file itl Ihe office of Housing and Urban Improvement; and WHEREAS. :he County Administralor or his designee has rcx'iewcd the ()\VNER's application and has found that it complies with thc requirements for an al'l;~rdablc }musing waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS. the impact fee waiver shall be presented in lieu of paymenl o1' thc requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and - 1 - ,,, ~ ~, . I ii I Jlllll I1[ IIII I WHEREAS. the COUNTY approved a v,'aiver of impact fees for OWNER embodied in Resolution No. 95-/,4..~ at its regular meeting of__.,~.,z_c.,.xz_ _._:_~' · 1')98; and WHEREAS. tile Impact Fee Ordinance requires lhat Iht OWNI!R ¢lllcr into an Agreement with thc COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals. Iht parties covenant and agree as follows: 1. RECITALS INCORPORATED. Tile foregoing recitals arc truc and correct and shall be incorporated by reference herein. LEGAL DESCRIPTION. Thc legal description of thc dxvclllng unit Ilhe "Dwelling Unit") and site plan are attached hereto as Exhibit":V' and mcorporalcd by rcfi.:rcncc herein. 3. TERM. OWNER agrees that the Dwelling Unit shall romam ils aflbrdable housing and shall be offered for sale in accordance with the standards set tbnh in thc ~,ppcndices to the Impact Fee Ordinance for a period of fifteen (15) years commencing from thc date thc certificate of occupancy is issued for the Dwelling Unit. 4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrams Ih¢ following: The Dwelling Unit shall be sold to a household with a xcrv Iow income as defined in tile appendices to the Impact Fcc Ordinance and his'her monthly payments to purchase the Dwelling Unit shall bc willn, tile affordable housing guidelines established in thc appcnthccs to thc Impact Fee Ordinance; lhe Dwelling [init shall be sold to a first-t/mc home buyer: Thc Dwelling Unit shall be tile homestead of'owner: The Dwelling Unit shall remain as affordable housing Ibr fifteen 115) years from the date the certificate of occupancy is issued fbr the Dwelling Unit; and OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of :56,169.52 pursuant to thc Impact Fcc - 2 - Ordinance. In return for thc waiver of the impact lees owed by OWNER, OWNER covenants and agrees to comply with thc allbrdablc housing impact fee waiver qualification criteria detailed in thc Impact Fcc Ordinance. 5. SUBSEQUENT TRANSFER. IfOWNER sells the Dwelling t;nit st,bjcct to thc impact fee waiver to a subsequent purchaser, the Dwelling Unit shall bc sold onb,' lo households meeting thc criteria set forth in the Impact Fcc Ordinance. 6. AFFORDABLE REQUIREMENT. Thc Dwelling Unit must bc utilized affordable housing for a fifteen (15) year period after thc date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, thc impact fees shall be immediately repaid to the COUNTY. 7. LIEN. The waived impact fees shall be a lien upon thc Dwelling Unit on the effective date of this Agreement; which lien may be tbrccloscd uptm in thc event o1' non-compliance with thc requirements of this Agreement. 8. RELEASE OF LIEN. Upon satisfactory, completion of thc Agreement requirements and fifteen (15) years after the date of issuance of the ccni ficatc or occupancy, or upon payment of thc waived impact fees. thc COUN'[Y shall, at the expense of thc COUNIY. record any necessary documentation evidencing thc Icrnfination of the lien. including, bu! limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall be binding upon thc parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In thc case of sale or transfer by gift of the Dwelling Unit. tile original OWNF. R shall remain li~,blc for the impact fees waived until said impact fees are paid in fifil or until ti~c conditions set forth in thc Impact Fcc Ordinarc¢ are satisfied. In addition, this Agreement shall run with thc land zJnd shall remain a lien against the Dwelling Unit until thc provisions of Scctioll S ;11'~2 satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida, within fifteen (15) days after execution of this Agreement by the Chairman of the Board of County Commissioners. - 3 - 11. DEFAULT. OWNER shall be in default of this Agreement 11) where OWNER fails to sell the Dwelling Unit in accordance with thc affordable housing standards and qualification criteria established in the Impact Fee Ordinance and thereafter fifils to pay the impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates one of thc affordable housing qualification criteria in thc Impact Fcc f)rdimmcc for a period of fifteen {15) days after notice of the violation. 12. REMEDIES. Should the OWNER ofthe property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived shall bc paid in full bv OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fifteen (15) years from the date of issuance of the certificate of occupancy or until repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on parity with the lien of any such County taxes. Should the OWNER be in default of this Agreement and the default is not cured within (30) days after written notice to OWNER, the Board may bring a civil action to enforce this agreement. In addition, the lien may be tbreclosed or otherwise enforced by the COUNTY by action or stilt in equity as for thc fbreclost, re of a mortgage on real property. This remedy is cumulative with any other right or remedy available to the COUNTY. The Board shall be entitled to recover all fees and costs, including altomeys fees, incurred by the Board in enforcing this agreement, plus interest at thc statutory tale for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this ..\grccmcnt for Waiver of Impact Fees on the date and year first above written. Witnesses: · ~-- /-? . ,/' ,. t. , .,<i i' Print Name ~ ....... ~.~,,'.-,. OV~NERS. HABITAT FOR HUMANITY OF COLLIER COUNTY. IN('. C. Smith. V~ce Pres/dent - 4 - ATTEST: DWIGHT E. BROCK. Clerk $~gnature Approved as to form and legal sufficiency ; ; ffeidi F. Ashton Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FI.ORIDA STATE OF Florida ) COUNTY OF Collier ) The foregoing instrument was acknowledged before mc this /',3 day of /'~:.. ? ,1998 by Charles C. Smith. Vice President of Habitat for Humanity of Collic'r County. Inc. He i~ personally known to me. ','-",, ..... ,4(-,,'~ ,/..~ [NOTARIAL SEAL] Signatffre of Person Taking Acknowledgment Name of Acknowledger Typed. Printed or-~amped 0 jcl/gm/c/naples manor lakes,~agree - 5 - EXHIBIT "A" I,EGAI, DESCRIPTION LOT 20 OF BLOCK 4, NAPLES MANOR I.AKES. AC('()RI)IN(i TO TIlE PLAT BOOK TIIEREOF, AS RECORI.)ED IN PI.A'[' BO(IK 3. AT PAGE 86, OF THE PUBLIC RECORDS OF COI.I.IF.R ('OI iNTY FI.ORIDA. - 6 - IqAPI ES %. // --' /oo FIAPI ES ! // /F lei /, --° '['~"''-+: .., '-% -, i / /.,-/ L',: (¢'/ /ar I<hg(}l.l;'II(~N ~/l: 'lllh Ill}:\l<l) (}l' ('()I'NI'F ((}.XI,',II5.~I(~Nht<S, ('()l.l.lhl< ('( II ',~'I'Y. FI.¢II),II),.\. .,%l?llllll),lZIXll ',VAI\'I:I{ Ill- P,l:~il(~X,.\l. WAIhll SY.',iII-:.Xl I,',II'..\("1' I.I!I:S. 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I.(, ul tile I h~uMng l:lcmcnt: WIII:RILAX. I'~dllcr ('~tlnl)' II;~ Iccc~vcd I'umhup inHstmnl I,~ iht ~JilJc lhulxlng hulmllvcs I'~,rlncrMup Program scl l',)rlh m Scctmn 42U?)1)7 ~.. l'h~ndu ~I;IILIIC5 ~llld ('huplcr ~)1-.~7. I'h.~dgi ..~thllllllMrallVR ('ode; and WI IJLI~JL..XR. m ilCCOl'dilllqL' X~ll)l ('oJhcr ('~KIIIIV ()rdlllilllcc' ~). g.~-]~}. Iht ('lllllli~ 1~ ilUlhOHzt'd Ill usc WIIIL]<IL..X~. tlub~let tbr IILIIll;UlllV al' ('~dhcr ('~mlll?. IRC. ~ll COI~qFucl ~I1L' I J I lhrcc-l~cdroolll uml "[)wclJmp J 'rlll"),~11 J ,,1 ~. Ifh,ck ~ X'apt~'~ ~l;m~r l:xlcn~mn ~Jtlcll I~ prup~>cd h~ xcJJ I~H J ot'l)'-~lX I'housm~d Fwc sUbmlltCd I,~ Ibc III'floc ,d' lh,u~m~ and I Trh;m Jml~rm'cm~,nl ;m ..Nl'li~rd;llqc th,;,-m~ .XpphCUtl~m dalcd April ~VIII:ILI'...~. m ;ICClH'Li;IllCL' ~llJl ~L'ClI~IlI ~.l)40J Ibc J~c~mn;~J ~¥illUl' ~ti'lll IlllIIilCl J;CC ()trim,ncc ~,~. ()ll-X(~. ;~ /IIHCll~ICLJ: ~cclmrl ~.1)4 o1' Ibc J~U~IIHlilJ ~L'~ur ~v'~JUIll J~np;~Cl J'cc (}IdlIIilIIL'C . {)rdlnlln~ ~'O. gll-XT, iix ill]lCIldCt]: ~L'CIIOI] ~.ll4 ul' tll~' I.Ihrurv ~)'xlL'lll hnl~UCt Fcc ()rdm;mcc. ()idlllilllCC No. ~.lj~, ils amended; ScCllon 4.(1~ ~)I' Ibc l~;lrks und l(ccrc;munal I:;~cdmc~ Imp;Jcl I'CL' I )rdm;mcc. I h'dmnncL' No. ~-0f~. amended; ~cclum 3.1t4 ~I' Ibc l/o;M Imp;icl Fcc Ih'dlnuncc. I)rdnmncc Nu. ()]-]]. i~ ;imcndcd; ~ccllon .].ll~ of Iht' Emer[ency M~'thcal Scrx ~ccs S)'~lcm Imp;icl Fcc I h'din;mcc. I I~thn;mcc Xu. U l-:l. ;~, ;m~cmlctl: ;md ~l'clill~ ].11~ Ihe Itttucalmn;d l:;~cdmc~ ~V~l~,m Impucl Fcc ( h'dm;mcc. I hdmlmcc ~u. g]..i). ;~ ;m~'utlcd: ;m ;g~phc;ml iI1~)' ilblill~ \'CIIILRE,.\S, Immokalee Itabltal for Ilumanily. Inc. ha~ qualified fi,r an Hnpacl tL'e ~v;nver based upon the l~)lJowin~ represcnl~llons nmde hy ImmokMee I lahllal lbr I Junlanl~y. Inc.: A. 'l'i.c l)wL']lin~ []nil shMI hc sold m a J~rsl-lilllC home htlycr. Ihc I)wcmling J llliJ shall hcs. mdt,, a h,,tm~ch,,ld tVllh a tcrk Jott Hlct)lllc Jc~cm =,~ ihal Icrm ~s tlcfincd mn Ibc ..~pl.cnd~ccs It) Iht rcspccnvc Jmpacl Fcc (}rdmancc~ and Iht m~mlmlm) pa)mcnl lo purchase Iht unit mu.t bc ~ ithm thc al'lk~rdahlcqm[~.mg ~tlldcJlnCs chl[l)~Jlh}lVd 1[I thc ..~ppvlldlccx Io tile rcspcchvc Impact Fcc ()rdmanccs. ('. Thc 1)~ clhng Unit shall be the I lomestead 1). 'ibc I)~cll;ng Unit shall remain affi~rdahlc Ibr fifteen (lSI)c:us t?om thc date thc cerl~ficate of N()kk' 'I'IIILILkF()RIL BIL tT ILILN()I.k'I-.I ) I~h' TIlE I~(L.~RI) ()l: ~'()[ :NIT ('()MMi~NI()NERg ()1: ('{)l.l.llfR ('()l TNI'Y. [:I.()RIJ).M that: fur ~tal~c.r of ~mpacl l'ccs 1o ImmokaJcc JJ~lbllal Ibr Jitllllalllly. Jtlc. lbr onc( I } Jlollse which shall be con~truclcd on I.ol 5. Bluck 5. Naplc~ Mam~r l/xtcns~on. ('~dhcr ( 'otllliy. J;h~tlda ['ptH1 receipt hv lhe thru,rog and l'rbal; l:llprt,~CrllCnl ])Jrcclor uJ /Ill ilpr'cclllc[ll Io1 waiver i~l' Impncl Ibcs hi?cd hv imnmkalee ]lahllat l~r JJtl~l~arllly. Jilt.. anti ,~r l}lt: ptlrc}l;thcl. ~r olhur doctmlenlation acceptable lo thc ('t)U~l~ ,,~llo~cy. tile Bl,urd of( 'otHlt~ ('DnlI1MhMOI1CFS Jlcl Ch} :ltlthol'i/gS lhg payment by ('oilier Counly oflhe fifllo~ mg m~pacl tgcs l?om lhe ,.M'lbrdablc I luusm~ 'l'rusl Fund. J:ulltJ { 191 ). m lmmokalee t labilat fi~r I lumamty. Inc.: ..X Mbrary Impact Fcc $ I so.52 B. Road Impact Fee ('. /'arks and Rccrcauonal l:ac~huc~ Impact Fee: ( ] ) ('onlmunlJy [~al'k5 ~2) Regional Parks l) EMS Impact Fee 1'~. I~ducalional Fac]hlics System [mpacl Fee J .-TS.I}D F. Water hnpacl Fcc G. Sewer Impact Fee 51.340.Uu TOTAl. IMPACT FEES 3. Thc payment of impacl Ik'cs by ('olhcr agrcClllCtll Ik)r walvcr of t'oll~cr ('OLlrlty hnpact I:ccs heist cch Ibc properly turner and/or purchaser and l}~e ('otHlly. 'Il'r, Rc~,olutmn ad{~ptcd after moUon, second and nl;Ij~)rlly vo!c I'a~rmy -an~c. I):\I'ED: ,. . : :'; ATI'F, ST: I)WIGItT F.. BR()('K ¢'lcrk jd. gmc Naples Mam~r l{xtensmn rcso EXtIIBIT "A" LEGAL DI~SCI'tlF'TION l.ot 5, Block 5, Naples Manor Extension. accordirLu to thc pl:~t book thcrcol: as rccordcd in Plat Book 3, Pagc 98 of thc PuMic Rccords ol'('ollicr ('otmty. Florida. ) I C.. A -f I0 AGREESIENT FOR WAIVER OF COI.I.IER COUNTY I,NIP,.\('T i:KES This Agreement for the Waiver of lmpacl Fees entered inlo this ;~'dav ,~1' .~,~_ 199N. by and between the Board of County Commissioners of (',llicr ('ounty, l.'h,'ida, hcrcinal~cr rcl~cd to as COU; T~ and ilabitat for f-lumanity of ('oilier ('oumv. Inc.. hereinafter rcl~rrcd to as "OWNER." WI T N l! S S I! T WHEREAS. Collier County Ordinance No. 90-8~. as amended, thc /'ollior ('Otlllly Regional Walcr System Impact Fcc Ordinance: Collier Cotmtv Ordimmcc No. 9~1-87. as amended, the Collier County Regional Sewer System Impacl Fcc Ordimmcc: ('oilier Courtly Ordinance No. 88-97, as amended, the ('oilier CotllllV Library System Impact Fcc Ordinance: Collier County Ordinance No. 88-96, as amended, thc ('oilier ['ounlv Parks amt Recreational Facilities Impact Fcc Ordinance; Collier County Ordinance No. '~1-71. as amcmlcd, thc Collier County Emergency Medical Sca'ices System Impact Fcc Ordinance: (Mllicr ('tmntv Ordinance No. 92-22, as amended, the Collier County Road Impact Fcc Ord~n',mcc: and ('oilier County Ordinance No.' ' 'x ;_-.,.. as amended, thc Collier County Educational [:acilitics gvstcm Impact Fcc Ordinzmcc. as thcv may be further amended from time to time hereinafter collectively referred Io as "Impact Fcc Ordinance". provide lbr waivers of impact IL'cs lbr ncx~ ox,, ncr-occupied dwelling unit qualJI~'ing as al-lbrdablc housing: and WHEREAS. OWNER has applied For a waiver of impact [kcs as required by the Impact Fee Ordinance, a copy of said application being on lilt in thc t)I'llcc of t{ousing and Urban Improvement: and W}IER[{AS. the County Administrator or his designee has rcvicxxcd the OWNER's application antl has Ibund that it complies with thc rcquircmcnls lk)r an affi)rdablc housing waiver off impact ikcs as established in thc Impact Fcc Ordinance: and WHEREAS. thc impact fee waiver shall bc presented in lieu of payment of lJlc requisite impact fees subject to satisl~ction off all criteria in thc Impact Fcc ()rdinancc qualit3'ing thc project as eligible Ibr an impact fcc waiver: and Ir. \V[[ERE,AS. thc COUNTY approved a waiver of impact fccs for ()WNt:R embodied ~n ' ' ~ 199S: and Resolution No. 98-~ :~",- at ils regular meeting of ,z//," '=-~_. WHEREAS. thc Impact Fee Ordinance requires that ibc ()WN[~R cnlcr into an Agreement with tho COUNTY. NOW, 'Fl t EREFORE, in cons[doral[on of thc lbregoing recitals, thc para[cs covcnanl and agree as Follows: I. RECIT,,XLS INCORPORATIJD. Thc Ibrcgoing recitals arc Iruc alld correct and shall be incorporated bv reference herein. 2. LEGAL DESCRIPTION. The lcgal description offthc dwelling unit Ithc"Dwclling Unit' ) and site plan arc attached hereto as Exhibit "A" and incorporated by reference heroin. 3.TERM. OWNER agrccs that thc Dwelling Unit shall remain as aflkmlahlc housing and shall be offcrcd ibr salc in accordancc with thc standards scl lbrth in thc appendices to thc Impact Fee Ordinance for a period of fifteen (1 5) years commencing lkom thc ditto thc certificate of occupancy is issued lbr the Dwelling Unit. REPRESENTATIONS AND WARRANTIES. OWNER represents amlwammtsthc following: }3. {2. Thc Dv¥'elling Unit shall bcsoh, t to it houschold will; a very Iow income as defined in thc appendices to the Impact Fcc Ordinance and his/her monthly payments to purchase thc Dxvclling [5nil shall bo within thc aftbrdable housing guidelines established in thc appcmliccs to the Impact Fcc Ordinance; Tho Dwelling Unit shall hc sold to a l~rst-limc home bux'cr: Thc Dwelling Unit shall bc thc homestead ct'owner: The Dwelling Unit shall rcmain as al'fordable }~ousing tbr 151~ccn {15} years from thc datc thc certificate of occupancy is issued lbr thc Dwelling Unit; and OWNER is thc owner of rccord of tho Dwelling Unit and owes impacl IL'cs in the total amount of 56.16').52 pursuant to thc Impact Fcc Ordinance. In return For tile waiver o1' thc impact IDes owed by OWNER. OWNER COV¢llaIllS and agrees to comply v, ith thc aFl'~rdablc housing impact t~c waiver qualilication criteria ttclailcd in thc Impact Fcc Ordinance. 5. SUBSEQUENTTILANSI:lilL. II'()WNER scllsthc l)~kclling l;nit subject lethe impact t~c waiver to a subsequent purchaser, thc [)welling Unit shall bc sold truly to households meeting thc criteria set fomh in thc Impact Fcc Ordinance. 6. ..XFFORDABLE REQUIREMENT. Thc [)welling [:nit must bc utilized for r, ffordablc housing for a fifteen (15! year period alicr thc date thc certificate oF occupancy is issued; and if thc Dwelling Unit ceases t~ Dc utili/.cd Ibr that purp~mc during such period, thc impact Fees shall be immediately repaid to thc COUNTY. 7. LIEN. Thc waived impact fees shall bo a lion upon thc l)wclling Unit on tho cft~ctix'c date oF this Agreement: which lion may bc Ibrcch~scd upon in iht event oF non-compliance with thc requirements oFthis Agreement. 8. RELEASE OF LIEN. Upon satist~tCtOFy completion o1' thc Agreement requirements and fit~ccn (15) years al}or thc date oF issuance of thc ccrtilScatc oF occupancy, or upon payment of thc waived impact fees. thc COUNTY shall, at thc expense of tho COUNTY. record any necessary documentation evidencing thc termination of thc lion. including, but not limited to. a release of lion. 9. BINDING EFFECT. This Agreement shall bo binding upon ~hc parties to this Agreement and their respective heirs, personal rcprcscntalivcs, successors and assigns. case of sale or transl~r by gil} el'thc Dwelling Unit. thc ortginal OWNER shall remain liable Ibr thc impact l~cs x~aix'cd until said impact l~cs arc paid in fi~ll or until thc comlilions sot Ibrth in Ibc Impact Fcc (.)rdina~,cc arc satisfied In addition, this ..Xgrccmcnt shall run with thc land and shall remain a lien ilgaillsl thc Dwelling Unit until thc provisious of Scct~,n S arc sltlisl~cd. I0. It[iC'ORDING. This Agreement shall be recorded by ()WNER itl lilt CXpOllSC Of OWNER in thc OFficial Records of Collier ('otmty. Florida. within 15fitch {15) days al}cF execution of this .-XgrccnlOnt by tho ChaiFman of thc BoaFd ol'('otmtv ('onm~issitmcrs. I I. DEFAUI,T. OWNER shall he in defitult of this Agreement (1) where OWNER Fails to sell the Dwelling Unit in accordance wifl~ the aflbrdable housing standards and qualificalion criteria established in thc Impact Fcc Ordinance and d~crcalicr Ihils 1o pay impact Fees duc within thimy (30) days of said non-conq~liancc, or (2) where ()WNI!R violates one of thc al'lbrdablc housing qualilication criteria in thc Impact Fcc ()rdimmcc Ibr a period of fifteen (15) days after notice of thc violation. 12. REMEDIES. Should the OWNER of thc property fitil to comply xvith the said qualification criteria at ally time durinN thc liflccn (15) year period or should OWNER violate any provisions ol'fl~is Agreement. the impact t~cs x~aix'cd shall he paid in full hv ()WNER within thi~v ~30) days of said non-compliance. OWNI{R agrees fl~al thc impact IL'cs waived shall constitute a lien on the Dwelling Unit commencin~ on linc cl'l~ctix'c dale o[' lhis Agrccmcnl and continuing for Iii'teen (15) years from the date of issuance o1' fl~c ccrtilicatc ol'occupa,cy or until repaid. Such lien shall be superior and paramount Io thc imcrest in thc l)xvclting tJnit o1' any owner, lessee, le~anl, mortgagee, or oilier person except the lien lbr ('tmnlv faxes alld shall be on parity with thc lien of any such County taxes. Should thc OWNI!R be in clcfimlt of this Agreement and the ctcffault is not cured within (30) days after written nolicc I0 ()WNER, thc Board mav brin~ a civil action to enforce this agreement, lnaddition, thclicnmavbelbrecloscd or othc~vise enl~rced by the COUNTY by aclion or suit in equity ',ts fi~r thc Ibrcclosurc of a mo~gage on real property. This remedy is cumulative with any other right or remedy available to thc COUNTY, The Board shall be entitled to recover all IL'cs and costs, including attorneys lkcs, incu~cd by ~l~c Board in enforcing this agreement, plus imcrcst a~ linc statutory rate judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, thc parties have executed this Agreement IBr Waiver of lmpact Fees on thc date and year first above written. OWNF. RS: }tABITAT, FOR }t[/;',I.,\NITY OF / t" . :-'/'.'7 .' , /" / ( harlcs C. Sntid~..Vi~c Prcsidcnt% 0 DATED: c:,'2':.-:,'' >' ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY ('OMMISSIONERS COLLIER COUNTY. FI..ORIDA s~gnature onll. Approved as to fom'~ and legal sufficiency Heidi F. Ashton Assistant County .,\llorncy · Barh~a B. Berry~-~~ STATE OF Florida ) CO[:NTY OF ('ollicr ) The foregoing instrument was acknowledged before me this .z~',) day oF ,/,,//~,,. ~._, . 1998 by Charles C. Smith. Vice President of Habitat for Humanity oF Collier Coumv. Inc. t-lO~ personally known to me. [NOTARIAL SEAL] Signamre'bf Person Taking Acknowl~dg'ment Name of Acknowledger Typed, Printed ~Slaml)ed jcUgm,'c, naples manor lakes,:agrec - 5 - EXtt! BIT I.E(;AI, I)ESCRII'TIf)N I.OT 5 OF BLOCK 5, NAPI.F..S MANOR I':XTF. NSION, A( '( TO TIlE PLAT BOOK '['IIERF. OF, AS P,I:.C'OIU)F.I) IN t'I.AT 3. AT PAGE 98, OF TI tE PUBLIC RIiCOP, DS ()F ('OI.I.I1:I~ ('()UNTY FLORIDA. AC kq r'qoW L. '~ ~ GM [ h4 -7 RESOI.UTIONNO. g8. 195 RESOLUTION OF 'FILE BOARI) OF COUNTY COM,\IISSI()NI!P,S. ('()I.I.IER COUNTY. FI.ORIDA. AUTIIORIZING WAIVER OF RI.7(;IONAI. \V.,VI'IiI~ SYSTEY. I IMPA('T FEES, REGIONAl. SF.V,'I-~R SYSTEM IMPACT FliES. I.IIIIL.\RY SYSTF. M I,\IPACT FF. liS. PAP, KS :\Nil Rli('P,I'b\TI{)N.,\I. F:\('II.I'tlI'.S IMPAC'[' FliES. R().,\I) [MPA('I' Fl:liS. I:MI:RC;I:N('Y MI:III('AI. SI:.RVI('I'~.$ IMPACT I:1".1:.."; AND liI}II¢'A'I'I¢)N:\I. F:\('II I'l'll'iS .'q'~'STIiM I.x, IP:\C'F FF. ES FOR f)Nl:. II(}US;Ii 'I'O BE C()NS'I'Rt;('Tlil) IC~' IIAIHTAT F()R ]IU.\IANITY OF COI,I,II.~R COUNTY, IN(;.. ON I.(YI' 21, P,I.f)('K 6 NAI'I.F.S .MANOR L;NI'F ONE, COI.I.I[:.R COUNTY. FI.ORII)A. t6A?,': WItEREAS. Colher County has recognized ,and attempted to address the lack of adequate and affordable housing for modera~.c, low. and veD'-Iow income households in thc County and Iht need Ibr crcalwc and innovative programs to assist in thc provision of such housing hy including several prov~smns m thc ('oliver County (howth Management Plan. including: objective l.a, policy l.a.l: objective 1.5. policy 1.5.2. pohcy 1.5.3. policy 1.5.a, policy 1.5.5, policy 1.5.6: ob3eclive 1.6, policy 1.6.3: objectiv9 2.1. policy 2.1.1. policy 2.1.2. policy 2.1.3. policy 2.1.5, and policy 2.1.6 of thc l lousing Element: and WtIEREAS. Collier County has received funding pursuant to thc State Ihmsing Imlialives Parmership Program set foHh in Section 420.907 ct. seq., Florida Stalules and Chapter 91-37. Florida Admmistralive Code: anti WIIEREAS. in accordance with ('oilier ('mmty (}rdin:mce No. 93-19. thc ('Otltlly iS :mllmrizcd to use lhnding from the State Ih)using Initiatives l'armership [Sllll'J l'rogram for waivers of ('olhcr ('ounty impact I~es: and WI IEREAS. I labitat Ik)r Ilumanity of Collier County. Inc. is seeking a ~vmvcr of Inlpacl l~'cs: and WIIEREAS. llabitat Ibr llumanity of Collier ('ottllly. Jilt. will omstruct one {1) three-bedroom unit (the "Dwelling Unit") on Lot 21. Block 6 Naples Manor Unit One which is proposed to sell fi~r Forty-Six Thousand lqve Hundred Dollars (546.500.00): and WHEREAS. thc Dwelling Unit will be purchased by a very Iow income household which ts required to invest a minimum of tire hundred (500) hours of"Sweat Equity" before it obtains role lo Ibc house: and WI{EREAS. Mr. Charles C. Smifl~, Vice President of [labitat fi~r llumanity of ('ollicr ('oumy, {nc.. submilted to the Office of l lousing and Urban Improvemenl an Aflbrdable ]hmsmg Appl~calmn dated April 27. 1998 for a waiver of impact fees fbr the construction of n house on 1.ol 21, Block 6 Naples Manor Unil One, a copy of said application :s on file in the l lousing anti Urban Improvement Deparlmcnl: and WliEREAS. m accordance wjlh Section 3.04 of lbo Reg;onal Water System [mpacl Fcc Ordinnnce. Ordinance No. 00-$6. as amended: Scclion 3.0A of the Regional Sewer Sy>tcm Impacl Fcc ()rdmancc , ()rdinnnce No. 90-87. as amended: Section 3.04 of the I.lbrary Syslcm Impacl Fcc {)rthnancc. (}rdmance No. S8-97, as amended: Section ~.05 of thc l'arks and Rccreatmnal Facfltttcs Impact Fee ()rdmancc. ()rdmance No. gS-96, as amended: Sectmn 3.0q of thc Road hnpact Fcc Ordinance. ()rdmancc No. 92-22. as amended: Seclion 3.05 of lhe Emergency Medical Services System Impacl Fee Ordinance. Ordinance No. 91-71. as amended: and Section 3.05 of the Educational Facilities Syslem hnpact Fcc Ordinance. Ordinance No. 92-33. as amended: an applicant may obtain a waiver of impact I~'cs by qualil3, ing fi~r a waiver: and - 1 ¥."IIEP, tLAS. [labitat rot lit,inanity o 'Collier ("ounb'. Inc. has qualified r.r an ~mpact 1~'~' waiv~'r based upon l~llowing repr¢$enlalJ~ns made by t labi~at t~r l lumanib' ol'('ollier CoJlnl)', Inc.: A. ]~ Dwelling Unil shall be sold lo a first-time home buyer. B. 'I~ Dwelling Ltnjl shall be sold In ~ household wilh a veg, Imv income level as lhal IL'tm is defined in the Appendices to the respective Impact Fcc Ordin;Jnces m~d the mtmthJy paymt'nt tn purchase the unil lllgS[ be within the nFlbrdable housing ~uldclines established mn thc Appendices m thc respeclive Impact Fee Ordinances. C. The Dwelling Unit shall be fl~e llomeslead or,he owner. D. 'l~e Dwelling Unil shall remain al'lhrdable fi~r fi~en (15) years fr,)m Ibc date the certificule ()ccupancy is issued. NOW TIIEREFORE. BE IT RESOLVED fly TIlE I]OARI) ()F ('()LINTY ('()MMISSIONI~RS OF COLLIEI~ COUNTY. FI.ORIDA. that: 1. 'l~e []oard of County C'()mmissi()ners hereby authorizes lhe ('rarely M~mugcr t~ issue an Aulhorizalion I~)r waiver of impacl I~es to I labilat thr l lumanily t~t'C'(~lher ('~unly. Inc. fi~r nne (I) house which shall be constn~cted on Block fi. l.(~t 21 Naples hl:~n(~r Ibm ()ne. ('oilier C(~unly. Florida. 2. Up(la receipt by lhe llousing ~nd Urban Improvement Direct~r oF an agreement I~)r waiver impL~cl I~es signed by llabilat For I[umunity o1' Collier Counb,. Inc., and/t~r Ihe purchaser, or other documemation acceptable to the County Attorney. lhe Board ol' Cotmnly Commissioners hereby authorizes lhe payment by Collier County oflhe lbllowing impact t~es t?(m~ Ibc Al'lbrdable Ih)using T~st Fund, Fund (191), in the follmving amounts For lhe one (I) house to he htmil~ on Block 6. 21 Naples Manor Unit One by llabitat For lIumanity of Collier County. Inc.: A. Libra~ Impact Fee S I S0.52 IL Rnad Impact Fee 1.379.t)0 C. Parks and Recreati()nal I:acililies Impact Fcc: ( 1 ) Community Parks 39g.00 (2) Regional Parks 179.00 D. I{N'IS Impact Fee 14.00 E. Educational Facilities System Impact Fee 1.77~.00 F. ~'aler lmpacl Fee 9OO.00 G. Sewer Impacl Fee S I.340.0Q TOTAl. IMPACT FEES S6,16g.52 3. The paymenl oF impact t~es by Collier County is subject m the e.xecumm and recordation oF an a~reement for xvaiver of Collier County Impact Fees belwcen Ihe properly owner and/or purchaser and the COUnly. - 2 - This Resolution adopted al'tcr motion, second and majority vote I'avoring same. /' ,3_'" DATED: ATTEST: DWIGIIT E. BI,V)CK, Clerk /At~e'st ~*. to Cha~rm~n'$ Signature only. Approved as to form and legal sufficicncy~ ~eidi V. Ashton ^ssistant Count.',' Attorney BOARD OF COUNTY COMMISSIONERS COLI,IF, R COUNTY. I:I,ORIDA Barb' I:LBe~'.('hair~ n - - - jcl/c/Naples Manor Unit One,'reso - 3 - EXIII IIlT LEGAl, I)ESCRI i'TION I,OT 21 OF BLOCK 6. NAPLES MANOR UNIT ONE. ACCORDIN(J TO TIIE PLAT BOOK TIIEREOF, AS RECORDED IN PLAT BOOK 3, AT PAGE 58, OF TIIE PUBLIC RECORDS OF CO[,LIER COtlNTY FLORIDA. : AGREEMENT FOR WAIVER OF COI,I,IER COUNTY IMPACT FEES This Agreement for the Waiver of h'npact Fees entered into thix.)_~.lay 1998. by and between tile Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and Habitat for Hunlanity of Collier County, Inc., hereinafter referred to as "OWNER." WITNESSETH: WItEREAS, Collier County Ordinance No. p0-86, as amended, thc Collier Cotmty Regional Water System Impact Fee Ordinance; Collier County Ordinance No. 90-87, as amended, the Collier County Regional Sewer System Impact Fcc Ordinance; Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fcc Ordinance; Collier County Ordinance No. 88-96, as amended, tile Collier County Parks and Recreational Facilities Impact Fcc Ordinance; Collier County Ordinance No. 91-71, as amended, thc Collier County Emergency Medical Sen'ices System Impact Fcc Ordinance; Collier County Ordinance No. 92-22, as amended, thc Collier County Road Impact Fcc Ordinance; and Collier County Ordinance No. 92-33, as amended, thc Collier County Educational Facilities System Impact Fcc Ordinance, as they may be further amended fronl time to time hereinafter collectively referred to as "Impact Fee Ordinance", provide for xvaivers of impact fees for new ov,'ner-occupied dwelling unit quality, lng as affordable housing; and WHEREAS, OWNER has applied for a waiver of impact fees as required by tile hnpact Fee Ordinance, a copy of said application being on file in the office of ]-lousing and Urban Improvement; anct WHEREAS, the County Administrator or his designee has revicwecl the OWNER's application and has found that it complies with the requirements for an affordable housing xvaiver of impact fees as established in tile Impact Fcc Ordinance; and WHEREAS, the in]pact fcc waiver shall be presented in lieu of payment of thc requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and - 1 - Resolution No. 98- ./~" at its regular meeting 9f ~ . ,::2_~' , 1998; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with thc COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, thc parties covenant and agree as follows: l. RECITALS INCORPORATED. The foregoing recitals arc true and correct and shall be incorporated by reference herein. LEGAL DESCRIPTION. Thc legal descriptior~ of tile dwelling unit (tim "D.`vclling Unit") and site plan arc attached hereto as Exhibit "A" and incorporated by rcfercncc herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordance with the standards set forth in thc appendices to the Impact Fee Ord;nance for a period of fifteen (15) years commencing frorn tile date thc certificate OWNER represents and warrants the of occupancy is issued for the Dwclling Unit. 4. REPRESENTATIONS AND WARRANTIES. following: Thc Dv.'elling Unit shall be sold to a household with a ,,'er3' lox,,, income as defined ir'] the appendices to the Impact Fcc Ordin:.mcc and his/her monthly paymerlts to purchase the Dwelling Unit shall be within thc affordable housing guidelines established in thc appendices to tile Impact Fee Ordinance; eo The Dwelling Unit si.]all bc sold to a first-time home buyer; The Dwelling Unit shall be th,? homestead of owner; The Dwelling Unit shall remain as affordable housing for fifteen (15) years from thc date thc certificate of occupancy is issued for the Dwelling Unit; and OWNER is thc oxvner of record of the Dwelling Unit and owes impact.. fees in the total amount of 56,169.52 pursuar, to tile hnpact Fee -- 2 -- Ordinance. In return for the waiver of the impact fees owed by OWNER, OWNER covenants :md agrees lo comply with tire aflbrdablc housing impact fee waiver qualification criteria detailed in the h'npact Fee Ordinance. 5. SUBSEQUENT 'FRANSFF~R. IFO\VNF. R sells thc l)wclling Unit subject to the impact fee waiver to a subsequent purchaser, the Dwelling Unit shall hc sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after thc date thc certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to tire COUNTY. 7. LIEN. The waived impact fees shall be a lien upon tile Dwelling Unit on the effective date of this Agreement; which lien may be foreclosed upon in tile event of non-compliance with the requirements of this Agreement. 8. RELEASE OF LIEN. Upon satisfactory completion of thc Agreement requirements and fifteen (15) years after thc date of issuance of thc ccrtilicatc of occupancy, or upon payment of the xvaived impact Fees, the COUNTY shall, at thc expense of thc COUNTY, record an.,., necessary documentation evidencing the termination of tire lien, including, but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall be binding upon tire parties to this Agreement and their respective heirs, personal representatives, successors and assigns, in the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived until said impact fees are paid in full or until tiro conditions set lbrth in the Impact [:ce Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until thc provisions of Section 8 arc satisfied. 10. RECORDING. This Agreement shall be recorded by O\VNER at the expense of OWNER in the Official Records of Collier County, Florida, within fifteen (15) days after execution of this Agreement by the Chairman of the Board of County Commissioners. II. fails to sell ~EF^U~T. O'~xi'ER shall be in dcfault of this Agrcement (l) where OWNER the Dxvclling Unit in accordance with thc affordable htmsing shmdartls and qualification criteria established in the h'npact Fee Ordinance and thcrcaflcr fifils to pay the impact fees due within thirly (30) clays of said non-compliance, or (2) wlmrc OWNER violates one of the affordable housing qualification criteria in tile Impact Fcc Ordinance fi~r a period of fiftecn (15) days after notice of the violation. 12. REMEDIES. Should the OWNER ortho properly hill to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in fit, Il by OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commencing on tile effective date of this Agreement and continuing for fifteen (15) years from the date of issuance of the certificate of occupancy or until repaid. Such lien shall be superior and paramount to the interest in thc Dwelling Unit of any owner, lessee, tenant, mo:-tgagee, or other person except thc lien for County taxes and shall be on parity with the lien of any such County taxes. Should the OWNER be in default of this Agreement and thc default is not cured within (30) days after written notice to OWNER, the Board may bring a civil action to enforce this agreement. In addilion, the lien may be foreclosed or other,.vise enforced by the COUNTY by action or suit in equity as for tile foreclosure of a mortgage on real property. This remedy is cumulative with any other right or remedy available to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys fees, incurred by tile Board in enforcing this agreement, plus interest at tile statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF. the panics have executed this Agreement for Waiver of Impact Fees on the date and year first above written. OWNERS: HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. ,× '/ l' ./"} //') t-ChZrle~; C. S,'nitll: ViceA';/r6's~'den('', - 4 - DATED: 7~ '~ ?~' ATTEST: DWIGHT E. BROCK, Clerk Attest ~s to qr,~trmanr~-~- ' signature onlj. Approved as to form and legal sufficiency Heidi F. Ashlon Assistant Count.,.' Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA STATE OF Florida ) COUNTY OF Collier ) The foregoing instrument was acknoxvledged before mc this / '~ day of ~>?,';.-}., , 1998 by Charles C. Smith, Vice President of Habitat for Humanity of Collier Countv lnc He i"S personally known to me. [NOTARIAL SEAL] Sig~,qure of Person Taking Ackno~qcdgment Name of Acknowledger Typed. Print'cd or Stamped j4/gm,'c/naples nlanor lakes/agree - 5 - 16A7m EXtlIBIT "A" LEGAL I)ESCRI PTION LOT 21 OF BLOCK 6, NAPLES NIANOR UNIT ONE, AC('()RI)IN(; TO TI IE PI.AT BOOK TI IF. REOF, AS RF.('()RI)F.I) IN l'I .AT I1( )¢)K 3, AT PAGE 58, OF THE PUBLIC P, ECORDS OF COI.I. II:.R ('()UNTY FI.ORIDA. - 6 - ,/ Rt!SOi.lJ'l'lON N('). 98- 196 Rii.Xt)l.i'll()N {)F TIlE IIOARI) ()1: ('()IfX'I'Y ('{}M,MI~51i)NI.iI{,',;. ('~)Iii.il{Ii {'( )i :NI'Y. FI.{)RII)A. AiJ'{'{i()RIZ.{N(] WAIVER (){: RI{(}{()NA{. W..V{{.]R ~Y~'I'I{M IMPACT l:l{l{~, RI{(iI()NAI. ~I{WI(R ~YWI'I{M IMI'A('I l"l.:l{~. I.IBRAi{Y ~¥~'l'l{M {MI'A("t I"l{l{~, I'AR~ A~I) RI'.{'Ri{A Ill l:,,¥'ll.l'['ll~ IMPACT I:I~E~, R()AD IMI'A('T I:I~l~, ['~MI~RCiI~N('Y MI'I)I('AI. IMI'AC"F l:l(l,;~ FOR ONE I IOI;~l,. I'O lie ( '()NS'I'I(I 7('TI(I) fly l IA BITAT I:()R IIUMAXI'I'Y OF C()I.I,II:R ('OUN'IY, INC,. ()~ I,O'1 12, BI.()('K I~ MANOR IJNIT ONE, ('OI.I,II~R COUNTY, FI,ORII)A, \VI IIiREA,~. C,~lhcr ('oun~y has r,.'co~nizcd and altcmlm..d m addrcx~ ibc lack ~I' adcqualc m~d al'lhrdab{c Management l'lan, includinu: ,)hjcctivc {.4. p~)hcy 1.4.l: ,~luccti~c 1.5. {mhcy 1.5.2. p,)hcy 1.5.3. policy 1.5.4. policy 1.5.5. imlicy 1.5.0; <~bjcctivc 1.0. lmlicy I.(,.3; ol¥CCllVC 2.1. pllJicy 2. I. i. Iml~cy 2.1.2. p,d~cy 2.I.3. policy 2.1.5, and policy 2.1.6 ~Jl' Ibc Ihmsmg Elcmcnl: ami WIIILRILAS. ('~)llicr ('ounly has rcccJvcd fimchng pursuanl I(, Ibc Stale I I,)usH~g Imtml~vcs l'arlncrship Program set Ii,rib m Scctmn 42~L907 ~'I. seq.. Florida Statutes and ('haplcr 91-37. I'h,nda Athllmlslr;llivc ('re!c: and WIII:RiLAS. m accord:inet ~x~lh ('oilier ('ounly ()rdmancc N~. g3-l'). Iht ('{)tlnly is ;lUlJlorlzcd lo usc l~nding I?om thc S~atc llousmg Iniliat~vcs l'arlncr~hip [SIIII'J Program fi~r wmvcrs ,*l'(',~lhcr ('(runty impact Igcs; and WI 1l~t{t~..X5. l labilat fi~r {lumanily u{'(',~{hcr Ummt>'. Inc. ~s socking a ~x;t~x cr ,,1' mUm:{cl Ik'cs: and WIIEI/IYX5. Ilabilal liar Ilum:mity ol'('t>llicr ('lltlnly. Inc. wdl c{,llql'ttct tmc( J ) l}ll'CC-Jacdrt)tml Ilnll (thc "Dwelling [init"/ oil I.iH 12. llluck 12 Naples hlmmr l.akcs xxhich is propt)~cd h~ ~cll li,~ J'tll'ly-SlX 'lh,msand I:wc l lundrcd Dollars ( 546.5011.00): and WI I[(RI~AS. thc l)wcllmg Unit will be purchased by a very Iow mcmnc Imuschold which is required lo invest a m~mmum o1' five hundred (500) hours o1' "Sweat l(quity" bcli~rc ii o}llaills lille lo thc house: and WIIERI~AS. Mr. Charles C. Smllh. X'~cc President of Ilabitat lbr llmnan~tv ul' (',,llicr ('ounty. Inc., submitlcd m thc ()l'l]cc o1' Ih>using and l:rhan Improvement an Al'l',)rdablc lhm~mg :~ppllc;lllun dalcd April 27. 1998 lbr a xxaix-cr ~1' imp;{ct f~cs lbr thc collslrtlCll{~l] ill'il hotlSC on [.ol 12. llMck 12 Xaplc, NJ;IlltH' I.akcs. a copy said application is on 111c m Ibc llousmg mid I/ri,an Impr~wcmcnt Dcp;JrlmcnI; ;llld WIIERI~AS. m accordance with Section 3.04 of thc Rcgmnal Walcr Syslcnl lml,aCt t:c~' Ordinance. Ordinance No. 90-86. as amended; Sccti{m 3.04 t)l' thc Regional Sewer S)'Slcm Impact Fcc ()rdinancc . ()rdmancc No. 90-87. as amcndcd: Scclion 3.04 of' thc [.d~rarv System [lllpacI Fcc ()rdm:mcc. {)r~Jlnancc No. 88-g7. as amended: Scclmn 4.(15 of IJlc Parks and RccrcalhmaI J;aClJlllcs Jlllp;ICl I:CC ()l'dlll;lllCC. { )l'thnilllCC Nil. S8-1}0. IlS amended: Ncctinn 3.04 t)l' 111c Road Impacl Fcc l)rdmancc. ()rdinancc N,~. 92.22. as alllCndcd; ScctiOll 3.05 of thc Emergency Medical 5cr~ ~ccs System Impact Fcc (>rdinancc. ()rdinancc No. 91-7I. as amended: and Section 3.[)5 of the Educatmnal Facilities Syslcnl Impact Fcc Ordinance. Ordinance No. 92-33. as anlcndcd; an applicant may obluin a waiver ol'impact Ikcs by qualil}'ing Ibr a watvcr: and - 1 - WtlF. REAS. llabitat for llumanity of Collier County. Inc. has qualilicd thr an impact l~'c w;nvcr based upon the following representations made by ttabim~ fi~r I lumanity ol'('ol}icr County. Inc.: A. Thc Dwdling Unit shall be sold Io a firsl-limc home Imycr. B. Thc Dwelling Unit shall be sold to a household wifl~ a very hm income lc~ cl as lhal lerm Is defined m thc Appendices to Ihe respective Impact Fee Ordmanccs :md thc munliHv payment I, purchase thc unn must be within thc aflbrdahic housing gtmldclmncs cslahh~hcd mil Ibc Appendices to thc rc~pccnvc Impact Fee Ordinances. Thc l)xxcll/ng I lnil shall Be thc l lmncstead ,f fl~c mx'ncr. I'hc I)x~clhng IJnit shall remain afl~rdablc lbr fifteen {15) yc:u's h,un fl~c date Ibc ccrlmficatc of 1) occupancy is issued. NO\V 'I'lililUiF(JP, F.. BF, FF RI'~S()I,VIil) BY COLLIER COUNTY. FI,ORIDA, that: I. IIIF. [l(b\RI) ()1: ('( )I lN't'Y ('t)MMI.'.:,NI()NIiI,L'q ()1: Thc Board of County Cc, mn'~issmncrs hereby auth,rizcs thc (',untv Manager Io issue an AuUmrmzation thr waiver of impact lkcs to I labltaI tbr I lumanny of ( 'olhcr ( 'mmty. Inc. Ibr one ( I ) hnusc x~hich shall bc constructed on Block 12. [.or 12 Naples Manor theft ()nc. {'oilier ('ounty. Florida. Upon receipt hy thc llousing and Urban Improvement Dircct~r of an agreement lbr waiver of impact Ikcs signed b7 I labitat Ibr l lumanity of Colhcr ('ounly. Inc.. and'or thc purchaser, or other documentation acceptable to thc County Attorney. thc Board o1' County Commissioners hereby authorizes thc payment by Collier County oflhe fi)llowmg impact Ik'cs tYom thc Aflhrdahlc I lousing Trusl Fund. Fund (191). in thc [bllmving ammmts lbr thc une ( Il house lo hc built on Block 12. l.ol 12 Naptcs Manor Unil One hy I labitat Ik)r I lumamty of Collier ('oumy, Inc.: .&. I.~bra~' Impact Fcc $ 180.52 B. Rtmd Impact Fcc 1.379.01} C. Parks and Recreational Facilities Impact Fcc: { I ) Community Parks (2) Regional Parks 179.00 D. EMS Impact Fcc E. Educational Facilmcs Syslcm hnpact Fee 1.77SJI0 F. Walcr Impact Fee G. Sewer Impact Fee S 1.340.00 TOTAL IMPACT FEES S6.169.52 3. Thc payment of impact Ibcs by Collier ('ounly IS st~hjccl lo Ibc cxecull,tl and rcc~rdalion of an agreement Ibr waiver oF Collier Coumy hllpacl Fees bctwccil Ibc propcr~y owller and/or purchaser and the County. - 2 - This Resolution adopted after molion, sccond and majority vole Ihv~ring sam,.... A'FI'EST: DWIGIIT F.. BROCK, Clerk Approved as to £orm and legal su fl~ciency: Assistant County Attorney BOARD OF COUNTY ('OM MIS.',;I(.)NliR.'¢, ('(')I,I,II~,R COISN'I"Y. I:I.()RII)A j4'c,'Naples Manor Unit One reso 16A?:'" EXIIIBIT "A' LE(;AL I)ESCRIPTION LOT 12 OF BLOCK 12, NAPLES MANOR ADDITION. A('('()RI)IN(; TO TIIE PLAT BOOK TIIEREOF. AS RECOP, I)F.I) IN Iq,AT 3. AT PAGE 58, OF TIIE PUBLIC RF. CORDS OF COIAAER FLORIDA. - 4 - This Agreement for thc Waiver oflmpact Fccs entered into this ',?day of",.-.., ,~ 1998, by and between thc Board of County Conlnlissioncrs o1' Collier County. Florida, hereinafter rcfc~cd to as "COUNTY" and Habitat for Humanity of Collier County, Inc., hereinafter rcFc~cd to as "OWNER." WITNESSETtt: WHEREAS, Collier County Ordinance No. 90-86, as amended, thc Collier County Regional Water System Impact Fcc Ordinance; Collier ('ountv Ordinance No. 90-87, as amended, thc Collier County Regional Sewer System Impact Fc~ Ordinance: Collier County Ordinance No. 88-97, as amended, tim Collier County l.iDrarv ~>'stcm Imp;~ct Fcc Ordinance; Collier County Ordinance No. 88-96. as amcndccl, lhc Collier County Parks and Rccrcatiomd Facilities Impact Fcc Ordinance; Col liar Cotmty Ordimmcc No. 91-71. as amcndcd, thc Collier County Emergency Medical Sc~'iccs System Impact Fcc Ordinance; Collier ('otlnty Ordinance No. 92-22, as amended, the Collier County Road Impact Fee Orclimtncc: and Collier ('ounty Ordinance No. 92-33, as amended, the Collier County Educational Facilities System Impact Fee Ordinance, as they may be fimher amended from time to time hereinafter collectively rcfc~ed to as "hnpact Fee Ordinance", provide for waivers of impact fees fi~r new owner-occupied dwelling unit qualifying as af'tBrdable housing: and WHEREAS, OWNER has applied for a waiver of impact fees as rcctuircd by thc Impact Fee Ordinance, a copy of said application being on file in thc ol'ficc o1' ltousing and Urban Improvement; and WHEREAS, the County Administrator or his designee has reviewed thc OWNER's application and has tBund that it complies w/th thc requirements Ibc an altbrdahlc housing waiver of impact fees as established in thc Impact Fcc Ordinance; and WHEREAS, thc impact fee waiver shall be presented in lieu ol'payment of thc requisite impact fees subject to satishction of all criteria in thc hnpact Fcc Ordinance qualifying the prQcct as eligible for an impact fee waiver; and - 1 - Resolution No. 98-.,.~'~" at its regular meeting o£ ,0~o,,~ _...7~.~ , 1')')8' and r__./ - WHEREAS, the Impact Fee Ordinance requires that the O\VNF, R enter into an Agreement with the COUNTY. NO\\,'. THEREFORE, in consideration of thc Ibrcgoing recitals, thc parties covenant and agree as follows: I. RECITALS INCORPORATED. The foregoing recitals arc truc ami correct and shall be incorporated by reference herein. LEGAL DESCRIPTION. Thc legal description o[ thc dv,'clling unit (thc"l)wclling Unit") and site plan are attached hereto as Exhibit "A" ami incm'poratcd by rctbrcnce herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as al'fordal'~lc housing and shall be oftbrcd for sale in accordance with thc standards set tbrth in thc appendices to the Impact Fcc Ordinance lbr a period of fifteen (15) years commencing from thc date thc certificate ofoccupancy is issued for thc Dwelling Unit. following: REPRESENTATIONS AND \VARRANTIES. OWNER represents ami \valTa~lts the The Dv,,elling Unit shall be sold to a household with a very Iow income as defined in the appendices to the Impact Fcc Ordinance and his/her monthly payments ~o purchase the Dwelling Unit shall be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; The Dwelling Unit shall be sold to a first-time home buyer; The Dwelling Unit shall be the homestead of owner: The Dwelling Unit st'mil remain as affordable housing for fifteen (15) years from the date the certificate of occuparmy is issued tbr the Dv,,'elling Unit; and OWNER is the owner of record of the Dwelling Unit ;.llld owes impact fees in the totnl amount of S6.169.52 fmrsuant to Ibc Impac! Fee - 2 - OWNER covenants and agrees to comply with thc alT,.m, lablc housing impact fee waiver qualification criteria detailed in tile Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER. If OWNER sells thc Dv,'clling Unit subject to tile impact fcc waiver to a subsequent purchaser, the Dwelling Unit shall bc sold only to houschokls meeting thc criteria set forth in thc Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be tztili×ed for affordable housing for a fifteen (15) year period after tile date the certificate of occupancy is issued; and if thc Dwelling Unit ceases to bc utilized for that puq'~osc during such period, thc impact fees shall be immediately repaid to the COUNTY. 7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unil on thc effective date of this Agreement; which lien may be foreclosed upon in tile event of non-compliance with the requiremerus of this Agreement. 8. RELEASE OF LIEN. Upon satisfactoD, completion of thc Agreement requirements and 15fteen (15) years after the date of issuance of tile certificate of occupancy, or upon payment of tim ,.valved impact lees. thc COUNTY shall, at tile expense of tile COUNTY, record any necessary documentation evidencing tiao tcn'nination of tile lien. including, bt,t not limited to, a release of lien. O. BINDING EFFECT. This Agreement shall be binding upon thc parties to Ibis Agreement and their respective heirs, personal representatives, successors and assigns. In tile case of sale or transfer by gift ofthe Dwelling Unit, the original OWNER shall remain liable lbr the impact fees waived until said in]pact fees arc paid in full or until thc conditions set tbrth in the h'npact Fee Ordinance are satisfied. In addition, this Agreement shall run with tile hsd and shall remain a lien against the Dwelling Unit until the provisions of Section 8 arc satisfied. I0. RECORDING. ThisAgrcerncntshallbcrccordcd byOWNER at the ¢×pense of OWNER in the Official Records of Collier County, Florida, within fifteen (15) days after execution of this Agreement by the Chairman of thc Board ot'Cotulty Commissioners. - 3 - fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance and thereafter fidis to pay the impact fees due within thirty (30) days of said non-cornpliance, or (2) where O\VNER violates one of thc affordable housing qualification criteria in the Impact Fee Ordinance tbra period of fifteen (15 days after notice of the violation. 12 REMEDIES. Should thc OWNER of thc property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should O\VNEP, violate any' provisions oFthis Agreement, thc impact Ices waived shall be paid in Ikdl bv OWNER within thirty (30) days of said non-compliance. OWNER agrees that thc impact fees waived shall constitute a lien on the Dwelling Unit comn'~encing on the effective date of(his ,,\grecrncnt and continuing For fifteen (15) years From tile (late of issuance of tile ccrtil]catc of occupancy or until repaid. Stlc}-i lien shall be superior and paramount to tile interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except tile lien For County taxes and shall be on parity' with the lien of any such County taxes. Should the OWNER be in dcFattlt of this Agreement and the default is not cured within (30) days after written notice to OWNER, thc Board mav bring a civil action to cn£orce this agreement. In addition, t170Iien maybe Foreclosed or otherwise enforced bv the COUNTY by action or suit in equity as Ibr thc Iht(closure of a mortgage on real property. This remedy is cumulative with any other right or rcm(dy available to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys fees, incurred by' the Board in enforcing this agreement, plus interes! at the statutory rate judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver o£Impact Fees on the date and 3'ear first above written. O ~,, NERS: t l.,\BITAT FOR II1 JMANI'I'Y OF COLLIER COUNTY. INC'. . C ~rles C. Smi!h, V/i/c~ Pr(side(L DATED: .~' ' ;"' , ATTEST: DWIGHT E. BROCK, Clerk s~gnature onl ~'. Approved as to fom~ and legal sufficiency ,%- Heidi F. Ashton Assistant County Attorney STATE OF Florida ) COUNTY OF Collier ) The foregoing instrument ',,.'as acknowledged before m,e this /_ _5_' day of ~,,..-~.-. ,;_ , 1998 by Charles C. Smifl~, Vice President ot'Habitat tbr ttumanit~, of Collier ('ountv, Inc. Ile i~personally known to me. [NOTARIAL SEAL] SignaIute o f Person Taking¢' Acknox~,"~,led'gment . Name of Acknowledger T.vped, Printed/oor Stamped jd/grWc;naples manor lakes,'agree - 5 - EXHIBIT "A" LEGAL DESCRIPTION LOT 12 OF BLOCK 12, NAPLES MANOR UNIT ONE. A('C'ORI)ING 'FO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 3. AT PAGE 58, OF 'FIIE PUBLIC' REC'ORDS OF ('OLI.II~R ('OtINTY FI.ORIDA. - 6 - I{I{SOI,[.'IFION OF TIIF, BOAI),I) {)I: t~'(}l;N'll¥ ('¢)MMISSI(JNI-Z.',;. ('(}I.I.tI{R ('()I;NT'f. FI,ORID,,\. AUTII()I,LIZING \:'..\IVI{I.L OF RI{GI()N.,\I. \V:\TI.~R .hVS'lli,\l IMI'A('T I:EI:S. RIi¢;I(}NAI..";IiWI{R .":.')'STI!M IMl',,\('l I.If~.R..\RY .'qYSTI{M IMPA('T Fl(l{.',;. I'ARKS ,,\ND F,.\( ll,l I'If:S IMI'A¢"I I'I:I'iS. R(L.\I) h\ll'A~,'T FI'ii'iS. IL*lliR(;I..N("~' SF, RVI('I{S IMI'A('T FI{ES :\NI) I{I)II('A'I'I()N.,\I, F,,\('II.ITII:S IMP,-\('T FI-~I:'S FOR ONF. II('){~SE TO BE ('ONS'I'I),I~('T}!i) I'W IIA[:,I fAT I:¢)R III:.\I.,\NI'I"~' ¢)I" ('OI.I.II.Y, ('()UNI'Y. IN('.. (IN I.(~'1 29. Itl,¢)('K 13 N,,\I'I.I:,',; M..XNOR ADDITION. ('()l,l,ll'~l~, ~'¢)I~N'I'Y. FI ORII):\. \VII[:.R[:AS. ('oilier County has rccogn:~'ed and auempJed to address Lhc lack of adcqualc and af'fhrdable housing tgr modcrate. 1o',~. and vcr:,'.low IllCOmc households m thc ('Otlllly and thc IICed Ibr crc;lllVc anti innovative programs lo assist m thc provision of such housing by including several proviSlOHS in lhe ('oilier ('Otlrlly (;rowlh Management I'lan. including: ubjcctlvc I.~, policy I.~.l: objccllvc I.~. pohcy 1.5.2. policy 1.5.3, policy 1.5.4. policy 1,5.5. polio.,' 15.6: objcclive ~.6. policy 1.6.): Oh. leCtlve 2.1. pohcy 2.1.1. pol~%. 2.1.2. pohQ, 2.1.]. policy 2.1.5. and policy 2.1.6 of tl:e I lousing Elemcnl: and WtlEREAS. Collier Counb. has fete:rod funding pursuant h) Ibc Stale Ihmsmg Inihalivos Parmership Program scl lbrfl~ m Section ~20.907 el, seq.. Florida S~alulos and ('haptcr 91-37. I:h:r:da ,,MlmlnlSlrallVc ('ode; and WI lI{RILAS, in accordance witJl ('elliot ('Otlllly ()rditlallco No. g).l'), file ('OUlll)' I~ auflmrlzcd to usc and W}II{RE,.XS. 1 labitat Ibr l ltzmatalty ol'('ollicr ('OtHlty. Inc. Is sucking a waiver of unpact l~'cs: and WI iI{REAS, t lab~tat fi~r l lumamty of ('olhcr ('OUnly. Inc. wdl conslrucl talc 11} thrcc-bedroon~ unit {Ibc "Dwelling Unil"} on l.ot 29. Block 13 Naples Manor Add/lion which is proposed Io sell I~r Fm'ly-Six Thousand Five I lundred Dollars ~ S46.500.001: and WIIIff{E:XS. Ibc l)wcllinff {;nit will be purchasL'd by a very h)w I/1C{)1110 housch.kl wh~c'h is required lo IHt'Cfi{ a HIIHII~ILJH1 0[' ~ ] X 'u' hundred (500) hOLIFS Of "~vL'at J'~qUll?" bclbrc il oblalns lllJt' hi thc Ill)risk': and WIIIzRIL.NS. Mr. ('harlcs ('. ~mith. Vice President of Ilahit::t Ibr Ilum;mitv of (',llicr ('ounly. Inc.. submitted to flac ()fl]cc ~1' [{ousin~ and Urban Improvcmcnl an ,,Xff, rdabJc I lousing ,,Xpphcali,n dalcd April 27, 199~ fi)r a xxa:vcr of m~pact IL'cs Ibr Ibc constructmn of a house on I.ol 29. Bluck 13 Naples Manor ,,Mldmon. a copy of said appl~cat;on :x on file II1 lhe Ih)using aml Urban Jnlprovenlcnt l)cpaIllllClll: ;Hld WIIILRIL:" ':. m accordance x~mlh ~echon ~.04 of thc Re?mai ~Valcr ~)stCll~ mmpa¢l I:cc ()rdmancc. No. 90-~7. as ;!{~lcIldcd: ~CCllOll ).04 o1' thc J.lbrarv ~)'SIL'rll Impacl I:cc ()Fdltl;lllCc. ()rdlllallCL' amended; Section 4.05 of Iht Parks and Recreational FaclJlllCs lmpacl Fee ()rdmancc. ()rdlllanc~ amended; Scclion 3.04 of the Road lmpacl Fee Ordinance, Ordinal~cc No. 92-22. as amended: Section 3.05 of Ihe Emergency Medical Services System Impact Fee ()rdinance. ()rdmancc No. ~)1-71. as amended: and fi~'clion the Educational FaciJJlJes S)'Slelll Impact Fcc Ordinance. Ordlnallc¢ No, 92-3). as atl~cl~dt.d: al~ ;Ippllcalll lllav obtain a waiver of impact Igc. s by ttualil~,ing lbr a X~liIIYL'F: and 16A7 V,'II[:.R[:.,",S. IIahil~t For llumanit¥ oFCollicr ('ounly. Inc. has qualilicd Ii~r an mqx~cl I~'c waiver based upon ~h¢ I~llowm~ rcpr~scnmlions made by llabha~ l~r [lumaniW of('ollier ('ounly. A. Thc [)wdlin~ Unit sh~ll be sold to a Iirs~-timc home buyer. Thc Dwellin~ Unit shall be sold ~o a household wifl~ a very Imv increase level as tirol term is defined in [h~ Appcndices to thc respcctwe Impact Fcc Ordinances and linc m~mflfly paymcm m purchas~ Ih~ umt mt~sI bc wnhin thc al'lbrdabie housm~ guldciines cMobh~hcd m Ibc .,qppcndiccs respective Impacl Fcc Ordinances. ('. ['hc I)wclhng Unh shall i)c Ibc Ilomcslcad ol'fl~c mvn~.r. D. Thc I)wcllin~ Unit shah remain all~)rdable fi>r fifteen (IS))'cars from ibc da~c Ibc ccr~ilicale of occupancy Is ~ssucd. NOW 'IIII~REFORIL BE IT RESOI,VI:I) BY '['lllf BOAI(I)OF ('()[;N'I'Y ('()MMISSI()NERS OF COLLIER COUNTY. FI.ORII)A, that: l. 'l he Board of ('ounly ('ommissmncrs hereby author~/c~ lt~. ('ounty Manager to ~ssue an ,Authorization fi)r waiver ofimpacl l~'es Io l laimaI lbr l lumaniw ,>l'('oIhcr ('rarely. Inc. fi~r one (1) house which shall he collslruclcd on ]3lock 13. 1.o~ 29 Nap]cs Manor .,Mkllmm. ('oilier (?otlnly, Florida. 2. [~pon rcceipl by d~e ltousin~ and Urban ln~provcmcn[ D~rcc~or of an agrccmcnl Ibr waiver of impact lyes signed by I labitat t~r I lumanity iff ('olhcr ('otimy. [llc.. alld or Ibc purchaser, or other documentation acccplablc to Ibc ('otl~ty ,,~ltomcy. Iht Ii~ard of ('ounlv ('Olllmmsitm¢,rs hereby aull~o~ izcs thc payment by ('oilier County of thc Ibllow~n~ m~pact IL'cs from thc Aflbrdahlc I lousing Trust Fund. Fund {191 ). ~n thc Ikfl]mvm~ amounts l~r ll~c one fl ) ]louse Iobc bmh on Block t3, 29 Naples ,Manor Addition by }lahitat for t[umanity of C'olhcr ('oumy. Inc.: A. l,ibrary Impact Fcc S I IL Road Impact Fcc 1.379.00 ('. Parks and Recreational Facilities Impact Fcc: ( I ) Community Parks (2) Regional Parks 179.oo I). EMS Impact Fcc I(. Educational Facilities Syslcm Impact Fcc F. Water Impact Fcc G. Sewer Impact Fcc TOTAL IMPACT FEES S6,169.52 3. Thc paymcm of impact l~cs by ('oilier County is subJeCt 1o Ibc c.xcculmn and rccordalion of an agreement [~r waiver of ('oilier ('or, lily Impacl Fees bcmccn thc properly owtlcr anti/or purchaser and thc County. - ,2 - This Resolution adopted after motion, second and nmjorny vole favoring sam~... DATED: ATTEST: DWIGtlT Ii. BR( )CK. ('icrk tttest as to Chairman's signature Approved as to fom~ and legal suffidcncy: J. l leidi F. Ashton Assislant County ,A11omey B(')ARD ()1: ¢ '()t :N'I'Y ('()XhMINNI()NIiRS ('OI,I.IF, P, ('OUN'I'Y. FI.()RII)A Barba'PKB. Bert>,'. t.'h;nr~an jd/c,'Naples .Manor Addilion, rcso EXIIlBIT "A" I,EG.,\I, I)ESCRII'TI(}N LOT 12 OF BLOCK 12. NAPI.ES MANOR ADDiTiON. TO TI IE PLAT BOOK TI I I!RF.O[:. ~.\S REC'ORDI.:I) IN I'I...\T Il( )~ IK 3. AT P:\GE 68. OF TI IE PUBI.IC RI~CORDS OF ('OI.I.II!R ('r)t iNTY FI.ORIDA. - 4 ,-r1 °Z~J UW ul Q ~ O~~z ~0 ZZ Z-~ 'o [nj.inI I[[ .................. Il I llll Illfll - I Ill Il I~][ 16A7 .,: AGREEMENT FOR WAIVER OF COI.I,IER COUNTY I.'~II'A(7I' FEES This Agrccmcnt for thc Waiver of lmpac! Fees entered into this 7__~day of "-..:, ,..., 1998, by and between thc Board of Cotlllty Commissioners of Collier County, Florida, hereinafter rcl~rrcd lo as "COUNTY" and l labitat for l lumanity of (..'oilier County, Inc.. hereinafter referred 1o as "OV/NER." WITNESS ETH: WHEREAS. Collier County Ordinance No. 90-86, as amended, the Collier County Regional Water System Impact Fee Ordinance; Collier County Ordinance No. 90-87, as amended, the Collier County Regional Sewer System Impact Fee Ordinance; Collier Counly Ordinance No. 88-97. as anaendcd, the ('oilier County Library System Impact Fcc Ordinance; Collier County Ot'dinance No. 88-96. as amended, tho Collier ('ountv Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71. its amended, thc Collier County Emergency Medical Se~'ices System Impact Fee Ordinance; ('oilier ('ounty Ordinance No. 92-22, as amended, the Collier County Road Impact Fee Ordinance; iuld Collier County Ordinance No. 92-33. as amended, the Collier County Educational Facilities System Impact Fee Ordinance, as they may be further amended from time to time hereinafter collectively rc[~ged to as "Impact Fee Ordinance", provide For waivers of impact fees tbr new owner-occupied dwelling unit qualifying as affordable housing; and WHEREAS. OWNER has applied for a waiver of impact fees as required by the Impact Fee Ordinance, a copy of said application being on file in the office of Itousing and Urban Improvement; and WHEREAS, tho County Administrator or his designee has reviewed tho OWNER's application and has ibund that it complies with the requirements Ibr an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, thc impact fee waiver shnll be presented in lieu of payment of the requisite impact tbes subject to satisfaction of all criteria in the Impact Fee Ordinance qualilying the project as eligible For an impact Fee waiver; nnd - I - WHEREAS, the COUNTY approved a waiver of impact fees for OWNER cmbod'ied in Resolution No. 98- /fy at its regular meeting of~ff.,~d_~. _~___' 1998; and WHEREAS, the Impact Fee Ordinance requires that thc OWNER enter into an Agreement w/th the COUNTY. NO\V, THEREFORE, in consideration of tile foregoing recitals, thc parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are truc and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of tile dwelling unit (thc "Dwelling Unit") and site plan are attached hereto as Exhibit "A" and incorporated by reference herein. following: 3. TERM. OWNER agrees that thc Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordance w/th the standards set forth in thc appendices to tile Impact Fcc Ordinance for a period of fifteen (15) years commencing from thc date tile certificate ofoccupancy is issued for the Dwelling Unit. REPRESENTATIONS AND WARRANTIES. OWNER represents ami warrants the The Dwelling Unit shall be sold to a household xvith a very low income as defined in the appendices to thc Impact Fcc Ordinance and his/her monthly payments to purchase the Dwelling Unit shall be w/thin the affordable housing guidelines established in the appendices to tile Impact Fee Ordinance; The Dwelling Unit shall be sold to a first-time home buyer: The Dwelling Unit shall be tile homestead of owner; Tile Dwelling Unit shall remain as affordable housing for fifteen (15) years from tile date the certificate of occupancy is issued for the Dwelling Un/t; and (2> OWNER is the owner of record of thc Dwelling Unit and owes impact fees in tile total atlqotlnt of $6.169.52 pursuant to the Impact Fcc - 2 - 16A7 Ordinance. In return for the waiver of the impact fccs owed by OWNER, OWNER covenants and agrees to comply with lhe affordable hot.sing impact fee waiver qunlification crileria detailed in the Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER. IfOWNER sells the Dwclling Unit subject to thc impact fee waiver to a subsequent purchaser, the Dxvelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit nlUSt be utilized for affordable housing for a fifteen (15) >'car period after tile date thc certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY. 7. LIEN. Thc waived impact fees shall be a lien upon tim Dwelling Unit on thc effective date of this Agreement; v,'hich lien ma,.' he foreclosed upon in thc event of non-compliance ,.'.'/tlr the requirements of this Agreement. 8. RELEASE OF LIEN. Upon satisfactory completion of tile ,'\grccnqcr~t requirements and fifteen (15) years after the date of issuance of the certificate of occu[)arlcy, or upon payment of the waived impact fees, the COUNTY shall, at thc expense of thc COUNTY, record arq.,,' necessary documentation cvklencing thc termination of the lien. including, but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall be binding upon thc parties Io this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or lransfcr by gift of the Dwelling Unit, the original OWNER shall remain liable lbr tile impact Ices waived until said impact fees are paid in full or until tile conditions set tbrth in thc Impact Fee Ordinance are satisfied. In addition, this ,,\grcclncrll shall run :vith tile land and shall renlain a lien against the Dxvelling Unit until tile provisions of Section 8 arc satisfied. I0. RECORDING. This Agreement shall berccordcd brOWNER at the expenseof OWNER in the Oflqcial Records of Collier County, Florida, within fifteen (15) days after execution of this Agreement by the Chaimmn of the Bonrd of County C'ornmissioners. - 2 - 11. DEFAULT. OWNER shall bc in default of this Agrecmcnt (1) wherc OWNER fails to sell thc Dwelling Unit in accordance with thc affordable housing standards and qualification criteria established in tile hnpact Fcc Ordinance and thereafter fails to pay the impact I'ccs clue within thirty (30) days of said non-compliance, or (2) where O\VNER violates one of tile affordable housing qualification criteria in thc Impact [:cc Ordinance lbr a period of fifteen (15) day's after notice ortho violation. 12. REMEDIES. Should tile OWNER of thc property l'ail to colnply ',,.'ifil thc said qualification criteria at any time during thc fifteen (15) year period or should OWNL:R violate any provisions of this Agreement, thc impact I'ccs waived shall bc paid in full by ()WNI~R within thimy (30) days of said non-compliance. OWNER agrees that thc impact l~cs waived shall constitute a lien on the Dwelling Unit commencing on thc cffcctix'c dale of this Agreement and continuing for fifteen (15) years from the date of issuance of tim cc~ificatc o ffoccupancy or until repaid. Such lien shall be superior and paramount lo thc interest in thc l)wclling Unit of any owner, lessee, tenant, mortgagee, or other person except thc lien R)r ('ountv taxes and shall be on parity with thc lien of any such County taxes. Should the OWNER bc in del}mil of this Agreement al'id the default is not cured within (30) days after written notice to OWNER, thc Board may bring a c/rtl action to enforce this agreement. In addition, thc lien may be foreclosed or otherwise enforced by tile COUNTY by action or suit in equity :is tbr tile foreclosure of a mortgagconrcal properly. This rcmcdy is cumulativc with anv other right or rcmcdv available to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys fees, incurred by the Board in enforcing this agreement, plus interest at thc statutory rate For judgments calculatect on a calendar clay basis until paid. IN \VITNESS Wt4EREOF. tim parties have execmed this Agreement for Waiver of Impact Fees on thc date and year first above wrilten. \Vitncsses: t Print N~a}ne ~.~rint Name O\VNERS: tIABITAT FOR t tUM,'\NIT'f OF COLLIER COUNTY, IN('. CNtrlcs C. Smith, ¥ i¢'c Prcsideffl - 4 - DATED:v-: "- ,~'~' ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNT'¢, FLORIDA Attest as to Cha(rman:~s' - signature Approved as to form and legal sufficiency Heidi F. Ashtori Assistant County Attorney STATE OF Florida ) COUNTY OF Collier ) The foregoing instrument ',,.'as acknowledged bcfbre m,e this .~ day of /fl/~.',? , 1998 byCharlcsC. Smith. VicePresidcntofllabitatforHumanit.~ ofColli~rCountv, lnc. tle/spcrsonally knov,'n to me. [NOTARIAL SEAL] Signattl.re br Person Taking AcknoxvlcUdgment Name of Acknowledger Typed, Printed or Stamped jd/grrv'c/rlaples manor lakes'agree - 5 - ]. 6A 7 mm~' EXIlIBIT "A" LEGAL DESCRIPTION I.O'F 29 OF BLOCK 13, NAPLES MANOR ADI)I'FION. A('('ORI)IN(i TO TIIE PLAT BOOK TtlEREOF, AS RECORI)ED IN I'I.AT 3, ,,\T PAGE 68, OF TIlE PUBLIC RI!CORDS OF ('OI.I.[F.R FI.ORIDA. ~4~4 RtiN(>I.I"II¢)N (')F Tllli Bf)AR[) ¢)1: ('(,q:~'l'Y ('()MMINNI()NI:RN. ('()1 I.II(R ('()I'N'IY. FI.ORII}A. AI/TIIORIZING WAIVER ()1: REfiIt)NAI. WATER S3'STI{M IMi'A('T I:EEN, REc;I()NAI. SlAg'Iii( NYSII..M IMI'A('I I.I:I.N. I.II~RARY SYSTEM IMPACT I:E[~S. PARKS ANI} RI~('RI:A'II()NAI. FA' 'II.ITII~S IMI)A(H' I:EI':S. R()AI) IMPA('T I:EI~. EMI~R(H:N('Y NERVI('I~N IMPACT I:EES AND I([)I:{'ATI{)NAI. F,,¥'II.I'['II(N NY~'I I'M IMI'A("I I-E[:S I:()RONE IIOI~SI:T() IIE('ONSTRUC'[I:I) I)Y IIAIdlAI I:()R II~MANI'I'Y {)[:C()I.I.[ER (7)I~N'I'Y. INC,, (}N I.(YI' 16. BI.(x'~ I~ NAIq.EN MAN(}R AI}I}ITI()N, ('()I.I .IER C( }L~N'I'Y. FI.()RII}A. ",Vilt'~P. ILAN. (',)]llcr ~",),JI]tv ha,, I,:,:,);,n]/cd ami aucmptcd ~,):,hhcv. I)lc lack ,)l' mJcqu;Hc alld affi)rdublc pro,rams tu a~Slh[ In L~,c ~r()Vl-lOH ()J' ~L:C~I J~()LlSln~ b)' l)~cJtldln~ >c%'craJ pro~ iMt)n~ Ii1 Management Plan. mcJu(hnv: ()bjcclwc l.& pohcy i.~.l: ~)hjccnvc 1.5. p,)Jlc) J~ 3. p,)lJcy 1.5.3. pohcy 1.5.4. policy 1.5.~. pohcy l.S.0: ()hjccnvc 1.6. poJlcy 1.0.3: i)bjccllvc 2.1. policy 2.1.1. lml,cy 2.1.2. policy 2.1.3. policy 2.1.5. and policy 2.1.6 of thc lh)usm~ ILlcmcnt: and WIIJLRIL. XN. m acc()rdancc ~h ('()ihcr {'mlnlV ()rdH1;lllCC No. g3-19, thc ('ounl~ fundm~ l?om Ibc Stale Ih)LNn~ [mliallvc~ Partnership [Nllll'J Pro,rani Ibr ~%;IIXL'F~ ()f ('()lhcr ('()tlllly mlpacl and WI ti:RI:AS. I lab]tat for J lumanlty (>1'( 'olhcr ('ounty. Inc. is seeking a xx:nx cr ,)f m~pact tL'c~: and WIII~RILA~. tla}mat Ibr Iluman~tv of (',)lhcr ('ounty. Inc. wil} C,H1MrL~cl ~,nc (I) ihrcc-bcdr()om unil (thc "I)wciling Umt") on I.ot 1(). Block 14 Naplc~ M:m,)r Attdilnm kkhlch is prop,)>cd h) ,tit Iht I.,)rtv-hlx 'l'h(msand Five t [undrcd l)ollars ( S46.500.~)0); and WItEREAS. thc I)wcllmg Unit wdl bc purchased hv a very h)w income }lousch()ld ~%Jllc}l ~s rcqulrcd l() invest a minimum of five hundred (500) }lotJrs o1' "Sweat I~qulty" heft}re ~t oblilHls ITtJc h) thc }~(,u~c: anti WilEREAS. Mr. ('harlcs C. Snmh. V~cc President ()f ][abilal Ibr }lumamw 1,I' ('()lhcr ('ounty. hie.. submiltcd t() thc ~)l'ficc (,t' Ihmsmg and I;rb;m hnprovcmcnt an A(15)rdablc Ih,u,mg .,Xpphcall{m dalcd Aprd 27. %VIII':I{J~:kS. 111 accJH-dallcc with Section 3.04 of thc Rcgumal Water System llilpact J:cc ()rdlI1;Hlcc. Ordinance No. 90-80. a, amended: Section 3.04 of thc Rcgmnal Sewer System Impacl J'cc {}rdmancc . ()rdinancc No. 90-87, as amended: Section 3.04 of lbo Library System Impacl Fcc Ordinance. ()rthnancc No. 88-97. as amended: Seclion 4.05 of thc Parks and Recreational FaclJiBcs Impact Fcc {)rdmancc. (}rdinancc No. SS-O(). ils amended: Sccmm 3.04 of thc R()ad Impact Fcc ()rthna)lcc. ()talin:race No. 92-22. a, atllclldcd: NcctlOll 3.{)5 of the Emergency Mcdical Services System Impact Fcc ()rdinancc. ()rthnancc No. 91-7i. as amended: and Scclion 3.05 of the Educational I:acilmcs Syslcm Impact Fcc Ordinance. Ordinance No. 92-33. as amended: an apphcant may oblain a waiver of impact l~cs by qualifying for a waiver: and 16A7 WI I[':REA.$. [laS[tat for l lumanity of('ollier ('ounly. Inc. has quail fled fi~r an re]pact IL'e ~vmvcr based upon the fi~l]o~ m~ rcprcsentauons made by [lab~tat fl~r I lumamty ol'('~flhcr County. Inc.: A. Thc l)wdling Umt shall be sold to a lirst-l~me home buyer. B. '['hc Dwcilin~ Unit shall be sold m a household with avco' ](,x~ tncmnc loci ;~ thai Icrm ~$ defined m ~hc Appcndtccs to thc respective Impact Fcc ()rdmanccs and Ibc mtmlhiy payment Io purchase the unn mu~t be ~thm thc aHbrdabic h~usm~ ~uldchncs cstahhshcd m fl~c Appcn&ccs to the rc~pccnvc Impact Fcc Ordinances. C.'l~c Dwclhng I;mt shall hc thc [Iomcstcad ~fl' fl~c owner. D. Thc Dwelling Unit shall rcm=in aflbrdablu fl~r figecn (1~))'cars I'mm tl~c date thc ccrtilicatc o[ occupancy is tssucd. NOW TItEREFORE. BE IT RESOI.VED BY 'HII~ BOARD OF COt;N'IY ('()MMISSIONERS OF COLI.IER COUNTY. FI.ORIDA. that: 1. Thc Board of ('ounty ('omm~ssmncrs hereby authorizes Ih¢' ('OUgly Manager to issue an Authorization fi)r wawer of impact fccs to tlahilat h~u~c 'ah;ch shM] be conslruclcd on Block 14. [.ot 16 Naples Manor A&hlmn. ('~fl]icr ('ounly, 2. Upon receipt by the [lousing and Urban Improvement Dlrcch~r of an a~recmcnt lbr waiver of impact l~cs sigped by ]labitat lbr [tumanity of Collier County. Inc.. m~d ~r tl:c purchaser, or other docun',cntation acceptable to Ibc ('ounty Attorney. thc Board of ('ounlv ('ommmsioncrs hereby authorizes the payment by ('o]hcr ('ounly of thc Ikglowmg m~pact IL'cs I?mn Ibc Aflbrdable [lousing Trust Fund. Fund (]9l). m the [k}i]owmg anmunls [Ur thc one ~]1 Imusc to hc huih on Rlock 14. l.ot 1 (~ Naples Manor Addition by 1 labltal tbr l [umanity ol'('o]]icr ('mmty. Inc: A. l.~brao' Impact Fcc S l S0,52 B. Road Impact Fee C, Parks and Recreational Facilities Impact Fcc: [ I ) ('ommunily ['arks (2) Regional Parks I). EMS Impact Fee E. Educational Facilities System Impact Fcc 1.77g.0~ F. Water Impact Fcc 90l).flf~ G. Sewer Impact Fee Tf)TA I, I .~ I fACT FF: F:S S6. I fi9.52 3. Thc payment o1' impact IL'cs hv ('ollicr ('otlllty is sutucct m thc CXCCLIIItdl alld recordation of un a~r¢cmcnt Ibr waiver of Collier C'otmly Impact Fees hclwccn thc prt~pcrty owner and/or purchaser and the Count),. '[his J~,¢soJutJon adoplcd after molion, second m~d illa.jorHy ~,l,lc l'a'~,~rl~ig ~a~ilL'. A'Iq'EST: DWIGtIT E. BROCK. Clerk si~natur~ onll. Approved as to fom~ and legal sufficiency: Assislant ('oLin/,,., Almmcv BO.\I,II) O: COLJN'I'Y ("()MMISSI{)NI.~I~,S £'OI.I.I[-~R COUNTY. FI.()RII).,\ jd.'c:Naplcs Manor Addition rcso -3- 16A? EXII1BIT I.EGAI. I)E~('RIPTION I.OT 16 OF BI.OCK la. NAI'I.I.~S MANOP, AI)I)I'I I()N. A(.'('()R[)IN(; '1'O TIIF. PI.AT BOOK 'I'III-]RI:.OF. 3. AT PAGE 68. OF THE ['UIH.I(..' RI'~('ORDS OF ('()l.l.l[iR ('( FI.OP, ll)A. -- ,] - -.%% "4,-, This Agreement for tile Waiver of Impact Fees erltcrcd into this~tay o~~_ 199R. by and between tile Bo:trd of County Commissioners of Collier County. Florida. hcrcinalicr rcl~rrcd Io as "COUNTY" and }fabitat tbr }fumanilv of Collier County. Inc.. hcrcinalicr rclbrrcd to as "OWNER." W ITNESSETtI: WItEI~E..XS. Collier County Ordinance No. t)()-8(,, as amcndctt, ibc ('oilier ('ounlv Regional Water System Impact Fee Ordinance: ('elliot ('otmtv ()Ftlinancc No. ~)~-87. as amended, thc Collier County Regional Sewer System Impact Fcc Ordinance: ('oilier ('ounly Ordinance No. 88-07, as amended, thc ('oilier Cc)tllltv [.ibFarv Svstcn~ Impact Fcc Ordinance: Collier Cotl~llv Ordinance No. gS-)G, as amended. Iht ('oilier ('ounlv Parks and [{ccrcalional Facilities Impact Fcc OFdinance; Collier C'ounty Ordinance No. 91-71. ;~s an]ended, thc ('oilier Cotmtv Emergency Mod/cai Services System Impact Fcc Ordinance: ('elliot (',~t~ntv Ordinance No. r>,.____,o, as amended, thc Collier County l~oad Impact Fcc ()rdinm~cc: and ('olticr ('ountv Ordinance No. 92-33, as amended, tho Collior County [~ducational [-'acilitics Nvstcm Impact Fcc Ordinance, as thcv Inav be fi~nher amended l?om time to lime hcrcinalicr collectively rcl~gcd to as "Impact Fee Ordinance", provide For waivers of impact ~es for new owner-occupied dwelling unit qualilying as atTordablc housing: and W}tEREAS. OWNER has appliod for a waix'cr of impact l~cs as rcttuircd by thc Impact Fee Ordinance. a copv. of said application bcin,,= on file in thc el'lice of ltousing lind Urban Improvement: alld WHEREAS. tho County Administrator or his designee has Fcvicwctl tho OWNER's application and has lbund that it complies with thc FCquircmcnts l~r :~t~ altbFdablc housing waiver of impact fees as established in the Impact Fee Ordinance: and WtlEREAS. thc impact Fcc waiver shall be presented in lieu of paymcnl of thc requisite impact Fees subject to satisfaction oFall criteria in thc Impact Fcc Ordinance qualilS'ing thc project as eligible for an impact Fee waiver: and \VHEREAS. the COUNTY approved a waiver of illlpaCl Fees lbr OWN[iR embodied in Resolution No. ()8-_,~g at its regular meeting oF_~_. ~ .. _. l'~'gS: ami WHEREAS. the Impact Fee Ordinance requires that lt~o OWN[iR enter into an Agreement with tho COUNTY. NOW. '['tlt!lLl!l:O1LlL in consi~lcrati~m ~I' lilt li)l'C'gt$illg recitals, linc pal'tics COVCllillll alld agree as Follows: 1. RECITALS INCORPORATED. The Foregoing recitals arc truc and coffccI and shall be inco~orated by reference herein. 2. LEGAL DESCRIPTION. Thc legal description oF thc dwelling unit (d~c"Dwelling Unit") and si~c plan are atlac}lcd hereto as Exhibit "A" aild illCOl'pOFalcd bv FclUrcnce herei~. 3. TERM. OWNER agrees that the Dwelling Unh shall rcmai, as aflb~dablc housing and shall be offered For sale in accordance with lbo slandards set forth in Ibc appendices to the Impact Fee Ordinance lbr a period of filiecn {15) years commencing l?om thc tlii[c ~]lc ccnificalc oFoccupancy is issued For the Dwelling Unit. REPRt~SI~NTATIONS ANI) WARI<ANTII~S. OWNI!R FcpFcscnts illld ~tarranls Iht Fo lowing: The Dwelling Unil shall be sold to a household v. ith avcrv Iow income as defined in the appendices 1o the Impacl Fcc Ordinance and his/her monthly paymenls ~o purchase l)~e Dwelling [.'nit shall bc ~vi~hin thc aflbrdable ]lOUSing guidelines established in thc appendices to Ibc Inlpact Fee Ordinance; 'l'he Dwelling Unit shall be sold to a first-time home brayer'; The Dwelling Unit shall be lhe homestead oFowncF: The Dwelling Unit shall remain as aFlbrdable housing Ibr Iiticcn (15) vcars f~om the date tho certificate of occupancy is issued lbF the Dwelling Unit; and OWNER is the owner of record of tho Dwelling t_;nit and owes impacl Fees in the total amount of 56.169.52 pursuant to tl~c Impact Fcc cZ) - 2 - Ordinance. In return Ibr thc waiver of thc impact IL'us oxxcd by OWNER. OWNER covenants and agrees Io comply with ~}~c aflbrdablc housillg impact fee waiver qualificalion criteria dclailcd in thu Impact Fcc Ordinance. 5. SISBSEQU[LNT TRANSFER. If OWNER sells thc I)xxclling I 'llil SllbjCCl tO thc impacl fcc waiver I~ a stfl~scqucnt purchaser, Ibc Dxvclting ('nit shall bc ~)ht ~,nlv l~ households meeting the criteria set fo~h in the Impact Fcc Ordimmcc. 6. AFFORDABLE REQUIREMENT. Thc l)~vclliny l;ni~ must hc ulilizcd liar affordable housing lbr a fifteen (15) year period alicr thc da~c thc ccrtil~cmc ~,1' occt~pancy is issued; and if thc [)~vclling Unit ceases to be utilized tbr thal pur-p~xc durintz ~tich period, thc impact fccs shall bc immediately repaid to thc COl iN'FY. 7. LIEN. The waived impact fccs shall bca lien upog thc Duvdling Unit on thc effective date of this Agreement: which lien may bc Ibrccloscd upon ~t~ thc event of non-compliance with the requirements of this Agreement. requirements and lSflccg (1 5) years after thc dale of issuance of thc ccrtllScatc ~)f occtq,:mcy. upon payment of thc waived impact Foes. thc COUNTY shall, al Ibc cXpCllSC oI' thc record any necessary documentation evidencing thc termination of thc lien. lncltaling, bul not limited to. a release of lien. 9. glNDIN(i EFFECT. This Agreement shall be bintli~u upo~ Iht panics to this Agreement and ll~eir respective heirs, personal rcprescntatix'es. 5t~cccssol'5 alld assigns. case of sale or translbr by gift of the Dwelling Linit. tho original OWNIiR shall remain liable Ibr the impact fees waived until said impact fees are paid in 1~11 or until ;l~c condilions scl Ibrlh the Impact Fee Ordinance are satisfied. In addition, this Agreement shall ru~l with the land mid shall remain a lien auainst the Dwelling Unit until thc provisions ofNcclion 8 arc satislicd. tO. RECORDING. This Agreement shall Iwrecordcd bv()WNER at thocxponsc OWNER in the Official Records of Collier County. l:lorida, xxithin lSl~ocn {15) days after execution of thi~ Agreement bv the Chairman of lbo Board of County ('ommissioncrs. '1 DEFAUL'F. OWNER shall be in default oflhis..Ngrccmcnl (11 ~hcrc O\VNER fails to sell tile Dwelling Unit in accordance v,'ifl~ thc atTordablc housing, standards and qualification criteria estahlishcd in thc Impact Fcc Ordinance and thc[tufter fails to pay thc impact fees due within thirty (30) days of said non-compliance, or (2) where O\VNER violates one of the aflbrdablc housing qualification criteria in thc Impact Fcc ()[din]ncc for a period of fifteen (15) days after notice ortho violation. 12. REMEDIES. Should thc OWNER of thc property fi~il to comply with tile said qualification criteria at any time during the fifteen {15) year period or should ()\VNER violate any provisions oftMs Agreement. the impact fees waived shall be paid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that tile impact fccs waived shall constitute a lien on the D,,:'elling Unit conlmencing oil the effective date t;l' this ..\grcemcnt and continuing for fifteen (15) years from thc date of isstmnce of tile certificate of occupancy or LUllil repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except thc lien for Cotmtv taxes and shall be on parity v.'ith lhe lien of any such ('ountv taxes. Should tile O\VNEI~. bc in default of this ,\grccmcnt and tile ¢tcfitult is not cured witMn (3()) davs [tiler written not[cc Io ()\VNF, R. thc Board mav bring il civil action to cnforcc lMs agreement, lnaddilitm, thclicnmavhclbrccloscd or othcm'ise enforced by the COUNTY by action or suil in equity as /hr Ibc lbrcclosurc of a mortgage on rea] propemy. This remedy is cumulative with any other right or remedy available to thc COUNTY. Thc Board shall bc entitled to recover all IDes and costs, including attorneys fees. incurred by tl~c Board in enforcing tt~is agreement, plus into[cst a[ thc sla~utorv rate tbr judgments calculated on it calendar day basis until paid. o IN \VITNESS V'/IIEREOF, the parties have executed this ..\grccmcnt for Waiver of h'npact Fees on the date and ,,'ear first above v.'rittcn. Witnesses O\VNERS: t I.,\BITAT FOR I tUM,,XNI'I'Y OF COLLIER. COUNTY. IN('. . t.n~les C. Smith, Vigd Prcsidc'N - 4 - ATTEST: DWIGHT E. BROCK, Clerk Approved as to fom~ and legal sufficiency He~di F. Ashton Assistant County .,\tton~ev BOARD OF COUN'F5' ('()MMISSIONERS COLLIER COUNTY. FLOP, IDA STATE OF Florida ) COUNTY OF Collier ) The foregoing instrument ,,,,'as acknowledged before me this /~__ day o1' /'~-Y'a~),...- . 1998 by Charles C. Smith, Vice President o£Habitat for Humanity of Collier ('ountv. Inc. tfo~'s personally known to me. [NOTARIAL SEAL] Signatuf~ of Person Taking Ackno~41edgmcnt Name of Ackr~0wledger Typed, Prl'~nted or Stamped id/gm/c/naples manor lakes'agree - 5 - EX il I BIT "/~" I.EGAI. I)ESCRIPTI()N I.()T 16 OF [½1.OCK 14. NAt'I.['i.~ N1ANOR ,\I)I)ITION. :\('('()RI)IN(; 'I'O 'HIE Pi. AT BOOK TI II:.REOF, AS I~,IK'ORDILD 3. AT PAGE 68. OF TIlE P{JBLI(' RF. CORI')S OF ('OI.l.lElt cz) - 6 - N *** 07:2434 PG' i~ *** :E ~Z 0 .-{ 1 6A'? RE$OI,UTION NO. 9,R._ .! 99-. I~.I{.%OI.t/IION OF '['llI'~ HO:\I,II) ()F ('()L',NTY. FI.()RIDA. ALITII()RIZIN(i '~VAI\'I:R ()l' I,~k(ilr)N:\l. W,,\'IER SYSTEM IMPACT FI:.F.H. RI:.(iIF)NAI. SIiWIiR I.IIIR.,\I~,'Y .SYSTEM IMI'A('I' FI'~I'~H. I'ARK.',; ANt) RI:('I(I!;\ 1'1(),'4;\1. F.,\F'II,H'II:.S IMPACT FF.F..',i. ,'-;IiRVI(.'I:.'.; IMPACT I"1!1{.'.; ANI) I!I)II('A'IIONAI. I:;\('ll.l'lll'L,',; .~'fH'll'.M I,~II',\CI' FI'.'E."i FOR ONE IIO1L',iF. 'I'() llli CONHTI~,I:('Tlil) ftU?,I;\NIT'~' ¢)F COLI3F. R COUNTY, 1NC',, ON I.OT 1'7. HI.()('K 14 N,.\I'I.I!S ,',IAN(')I~ Al)DH'ION. ('()I,I.II!R C'()UNT',", FI.()I~.II)A. \VI I ILl/l:~;\.'-;, ('ollicr ('mlnty hns rccogni×cd :md Hltcmplcd 1~ addrcs~ ii~c lack .I' mlcqua~c ;md al'lbrd;d~Ic housing lbr moderate. Iow, and veD'-lmv income ht~useholds ii1 lJlc ('oun[}' alld Ibc nccd Ibr crcalivc :~nd inn.valive programs to assist in thc provision o1' stlch housing by including several prm'~sions m Ibc ('olhcr ('Otlllly (kowlh Managcment Plan. including: objective 1.4. p~dicy 1.4.1: objective 1.5. pohcy 1.5.2. p,licy 1.5.3. policy 1.5.4. policy 1.5.5. policy 1.5.6: ~hjc'ctivc 1.6. p~dicy 1.6.3; objccHve 2.1. p,licy 2.1.1. p,hcy 2.1.2. p~d~cy 2.1.3. policy 2.1.5, and policy 2.1.6 of the l lousing Element ~md * WIIERE..XS. C'(dlicr C'otm~y has received I~mdmg pursua. I to thc N~;Hc lh~u~m:2 Imtialivcs I'armcrship Program sci ~bnh m Hcclion 420.907 ct. SCtl.. Florida HlaltHcs and Chapter 91-37. Florida Admmislr:H~vc ('ode: and WlIERI~AH. in accordance with C'olliur ('ounty ()rdmancc No. 93-1U. Ibc ('mildly is ~mlhorizcd to use Funding from H~e State I lousing Initiatives l'artncrship [SI III'I Prosram fi)r waivers of ('oilier (',unly impacl lkcs: and WI IEREAH. l labilat Ibr l tumanily of Collier County. Inc. is scckin~ a waiver -I' imp~ct IL'cH: arid WIIIiRI(AN. fhHma~ Ibr Il,inanity of ('oilier ('otmly. Inc. xxi]] c~mslrucl (mc fi) thruc-bcdr...~ ,nil (Ibc "Dwelling U.it") .n I.(~ 17, I]Iock 14 Naples Mcm,r Addition which ~s proposed H~ sell I',r Fl,'ly-~ix Th.usand Five lhmdrcd Dollars fSJO.SHO.00): a,d WI IEREAN. the Dwclling UHit will be purchased by a x'cO' Iow income h.usch.ld which ~x required to inves~ a minimum ol' five hundred (~00) hours of"Hweal Ikltmy" bclbrc i~ obtains IHIc Io thc house: and WIIEREAS. Mr. Charles C. Smilh, Vice Prcsidcnl of llabilat Ibr llumanily Hf ('ollicr ('oun~y. Inc.. submiued to Ibc OFfice oF I lousing and Urban h~provement an Al'lbrdablc l lousm~ Apphcati,n dated April 27. 1998 lbr a waiver of .nlX~Ct 19cs lbr the o,~trucHon (H'a house on l.ol 17. Hlock 14 Xaplcs M;.mr Addilitm. a copy ol'said apphca[ion 1$ oH file in thc Ih)using a.d UrbaH hnprovumun~ [)Cl~arlnlcnl: arid WIII:RI~AS, m accordance wilh ScctH)n 3.04 of Iht Regional Walcr Syslcm Impacl Fcc ()rdinance. Ordinance N'o. 90-S6, as amended'. Scc,.n 3.04 oF thc Rcgi.nal Sewer Syslcm Imp;~cl Fcc ~)rthmmcc. flrdmance No. 90-S7. a~ amended: Scclioi1 3.04 of Iht l.ibrary Syslcm In,pact Fcc ()rchn:mcc. ()rdi,;mcc No. S~-97. as amended: Section 4.05 ~U' thc Parks and Recrc;Hional Facilities In'pact Fcc Ordinance. ()rdimmcc No. ~S-96, as amcndcd: Sccli.n 3.04 of thc Road Impact Fcc Ordin;mcc. ()rdimmcc No. U2-22. ;~s amended: SccHon 3.05 of thc Emergency .X. lcclic~H Services Systcm hnlx~Cl Fcc Ortlinancc, ()FdiHaHCC N~*. U 1-71. a~ amended: and Ncclion 3.H5 of the Educational l:;~cllitics Nyslcm lmp;~ct Fcc ()rthnancc. ()rthmH~cc N'.. 92-33. ;~s amended: ~m applicant may ,blain a waiver ,F impact I~'cs by tlualtl?mg fi~r a xxaivcr: and - I - WIIE?,EAS. l labitat l'or ltumanity of Collier Counly, Inc. has qualified for an imp:~ct 12e waiver based upon the following reprcscntatmns made by llahilat for ltumani~y ~l'Collicr County. Inc.: A. ~c Dwelling Unit shall be sold to a first-time home buyer. B. Thc Dwelling Unit shall be sold to a household with a yeD' Iow income level ;ts that term is defined m thc Appendices to thc respective Impact Fcc Ordinances and Ibc monthly payment lo purchase unit must be within lhe aflbrdablc housing guidelines cstabhshcd m the Appendices Io thc rcspecnve Impact Fee Ordinances. C. 'lq~c l)wclling Unit shall be the l lomeslead of the owner. D. The Dwelling Unit shall remain aflbrdable lbr fifteen (15~ years I?.m thc date Ibc certificate of occupancy is issued. NOW TIIEREFORE. BE IT RESOLVED BY TIlE BOARD OF ('OI7N'I'Y ('OMMISSIONEI{S OF COLLIER COUNTY. FI,ORIDA. ~hat: 1. ~e Board of County Commissioners bcrcby authorizes thc Counly Manager to issoe an Authorization for waiver of impact fees to l lahitat lk~r I lumanity of ('oilier ('rarely. Inc. fi~r one ( I ) house which shall be constructed on Block 14. Lot 17 Naples Nlam~r Additi.n. ('~dlicr ('mmty, Florida. 2. Upon receipt by the l[ousing and Urban Improvement I)trcclor ~t' an agreement fi~r waiver of impact fees signed by Habitat for lh~manity of Collier County, Inc.. and/or the purchaser, or other documentalion acceptable to the Counly Attorney. the Board of County ('ommissioncrs hereby authorizes the payment by Collier County of the fi~llowing impacl lkcs lh)m thc Aflbrdable I lousing Trust Fund, Fund (191). in the Ibllowing amounts for the one (I) Imusc to be built on Block 14, I,ot 17 Naples Manor Addition by tlabitat for llumanity of Collier County. Inc.: A. l,ibrary Impact Fee $ 1 S0.52 B. Road Impact Fee 1,379.00 C. Parks and Recreational Facilities lmpacl Fcc: ( 1 ) Communily Parks 399.~)(} (2) Regional Parks 179.00 D. EMS Impact Fee 14.O~} IL Educational Facilities System Impact Fee 1.778.00 F. Water Impact Fee 900.00 G. Sewer Impact Fcc ~ 51.34o,9() TOTAl, IMPACT FEES S6,169.52 3. ~e payment of impact l~cs by Collier County is subject lo thc cxcctflil~tl and recordation of an agreement for waiver of Collier County Impact Fees between thc properly owner and/or purchaser and thc County. - 2 - This P. csolution adopted after motion, second and majority vote favoring same. DATED: ~.' " ' ATTEST: DWIGIIT E. BROCK, Clcrk Approved as Io fora and legal sufficiency: i/ ~ ,/ Assislant County Attorney BOARI) OF COUNTY COMMISSIONI.~RS COLLIEI{ COUNTY. FI.ORII)A jcl/c/Naples Manor Addilior~reso 16A7 ' EXIIIBIT "A" LEGAL DESCRIPTION LOT 17 OF BLOCK 14, NAI'LES MANOR ADDITION. AC('ORDING TO 'FILE PLAT BOOK TIIEREOF, AS RECORDED IN Iq.AT IIOOK 3, AT PAGE 68, OF TIlE PUBLIC RECORDS OF COI.I.IER COUNTY FLORIDA. - 4 - -tm r-. ~0.-I z~ ~. Tr" ::0 D pl '"'" OU~ This Agreement for thc Waiver of Impact Fees entered into thxs'-~,?tlay of L':: ¥c._. 1998, by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and ~Iabitat for Humanity of Collier County, Inc., hereinafter referred to as "OWNER." W ITN ES S ETIt: %VHEREAS, Collier County Ordinance No. 90-86, as amended, thc Collier County Regional W'ater System Impact Fee Ordinance; Collier County Ordinance No. 90-87, as amended, the Collier County Regional Sewer System Impact Fee Ordimmcc: Collier County Ordinance No. 88-97, as amended, the Collier County Libran, System Impact Fcc Ordinance; Collier County Ordinance No. 8806, as anlcndcd~ thc Collier County Parks and Recreational Facilities h'npact Fcc Ordinance; Collier County Ordinance No. 91-71, as amcndcd, thc Collier County Emergency Medical Sen'ices System Impact Fee Ordinance; Collier County Ordinance No. 92-22, as amended, tile Collier County Road Impact Fcc Ordinance: and Collier Cotmty Ordinance No. 92-33. as amended, tile Collier County Educational Facilities S.,,'stcm Impact Fcc Ordinance, as they may be further amended from tinlc to time hereinafter collectively referred to as "Impact Fee Ordinance", provide for waivers of impact fees for new owner-occupied dwelling unit qualifying as affordable housing; and WHEREAS. OWNER hns applied for a waiver of impact Fees as required by the Impact Fee Ordinance, a cop.,,' of said application being on file in the office of Housing and Urban Improvement; and WHEREAS, t[:¢ County Administrator or his designee has reviewed the OWNER's application and has found that it complies with the rettuircmer~ts for an affordable hottsing waiver of impact Fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fcc Ordinance qualifying tile project as eligible for nn impact fee waiver; and - 1 - W~-IEREAS. thc COUNTY approved a waiver o[' impact fccs for O\VNI':R Resolution No. 98- ..()~,~ at its regular meeting of r' .2 '5 ':z~ ,,, .... 1998; and WHEREAS, the Impact Fee Ordinance requires that thc OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of thc forcgoing recitals, thc parties covenant and agree as follows: 1. RECITALS INCORPORATED. Thc foregoing recitals arc true amt correct and shail be incorporated by reference herein. 2. LEGAL DESCRIPTION. Thc legal description of thc dwelling unit (thc "Dwelling Unit") and site plan arc attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrccsthat thc Dwelling Unit shall remain as aflbrdablc housing and shall be offered for sale in accordance with the standards set tbrth in thc appendices to the Impact Fee Ordinance for a period of fifteen (15) years commencing from the date the certificate ofoccupancy is issued for the Dwelling Unit. REPRESENTATIONS AND \VARRANTIES. OWNER represents alld warrants the following: The Dwelling Unit shall be sold to a household with a very Iow income as defined in the appendices to the Impact Fee Ordinance and his/her monthly payments to purchase the Dwelling Unit shall be within thc affordable housing guidelines established in thc appendices to thc Impact Fcc Ordinancc; The Dwelling Unit shall be sold to a first-time home buyer; Tile Dwelling Unit shall be the homestead ofowncr; The Dxvclling Unit shall remain as affordable hot,sing for Iii'teen (15) years from the date thc certificate of occupancy is issued for the Dwelling Unit; and OWNER is the owner of record of the Dxvelling Unit and owes impact fees in the total amount of S6,169.52 pursuant to thc Impact Fee - 2 - ] 6A7 Ordinance. In rellim For tile waiver of tile imp;.lct fees owed by OWNER, OWNER covenants and agrees Io comply widl iht affordable housing impact fee waiver qualification crileri~ delailed in lhe Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER. IfOWNERseIFsthe DwellinN in]pact Fee waiver to a subsequent purchaser, thc Dwelling Unit shall be sold only lo houschokts mccting the critcria set Forth in thc Impact Fcc Ordinance. 6. AFFORDABLE REQUIREMENT. Thc Dwelling Unit must bc utilized For affordable housing for a fifteen (15) year period &tier thc date thc ccrtificmc of occupancy is issued; and if thc Dwelling Unit ceases to be utilized For that puq3osc during such period, thc impact fees shall be immediately repaid to thc COUNTY. 7. LIEN. The waived impact fees shall bca lien upon thc Dwelling Unit on the effective date of this Agreement; which lien may bc forccloscd upon in thc cvcnt of non-compliance with the requirements of this Agreement. 8. RELEASE OF LIEN. Upon satisfnctorv completion of thc Agreement requirements and fifteen (15) years after the date of issuance of thc ccmificatc of occupancy, or upon payment of thc waived impact Fees, the COUNTY shall, at thc expense of the COUNTY, record any necessary documentation evidencing lhe termination of thc lion. including, but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall be binding upon thc panics to this Agreement and their respective heirs, personal representatives, successors and assigns. In tho case of sale or transfer by gift of thc Dwelling Unit, tho original OWNER shall remain liable For the impact Fees waived until said impact Fees are paid in fi~ll or until thc conditions set Forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until thc provisions of Section 8 arc satisfied. I0. RECORDING. This Agreement shall be recorded by OWNER at thc expense OWNER in the Official Records of Collier County, Florida, within fifteen (15) days after execution oFthis Agreement by thc Chairman of thc Board of County Commissioners. - 3 - I 1. DEFAULT. fails to sell the Dwelling Unit in accordance 3vith the affordable housing standards and qualification criteria established in thc Impact Fcc Ordinance and thereafter fifils to pay tire impact fees due within thirty (30) days of said non-compliarme, or (2) where OWNER violalcs one of tile affordable housing qualification criteria in tile Impact Fee Ordinance for a period of fifteen (15) davs after notice ofthe violation. 12. REMEDIES. Should the OWNER ofthe property fitil to comply with the said qualification criteria at any time during the fifteen (15) >'car period or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in fifll by OWNER within thirty (30) days of said non-compliance. OWNER agrees that thc impact fccs waived shall constitute a lien on thc Dwelling Unit commencing on tile effective date of this Agreement and continuing for fifteen (I 5) years from tile date of issuance of the certificate of occupancy or until repaid. Such lien shall be superior and parammmt to the interest in thc Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except tile lien for County taxes and shall be on parity with thc lien of any such Cotmty taxes. Should tile OWNER be in (tcFault of this Agreement and thc default is not cured within (30) days al'tcr written notice to O\VNER. tile Board rnay bring a civil action to enforce this agrccmcnt. In addition, the lien may be fbrcctoscd or othcmvise enforced by thc COUNTY bv action or suit in equil.,,, as for the foreclosure of a mortgage on real property. This remedy is cumulative with any other right or remedy available to the COUNTY. Tile Board shall be entitled to recover all Fees and costs, including attorneys fees, incurred by thc Board in enforcing this agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid.. IN \~ITNESS WHEREOF, thc parties have executed this Agreement for Waivcr of Impact Fees on the date and 3'car first above written. 1 6A 7 OWNER shall be in default of this Agreement (l) where OWNER IIABITAT FOR t'tUMANIT'f OF COLLIER COUNTY, INC'. /:/. ,.- i ATTEST: DWIGHT E. BROCK, Clerk ~tte'st as':to Chairman's Slgn, ature "only. Approved as to FoFm and legal sufficiency Heidi F. Ashton Assistant County' Attorney 16AYm BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA STATE OF Florida ) COUNTY OF Collier ) The foregoing instrument ,,,.'as acknowledged before me this. />; da',' of ,.:? :;', ,' ,1998 by Charles C. Smith, Vice President of Habitat for Humanity of Collier County. Inc. He i/s personally known to me. [NOTARIAL SEAL] ff. Sign. attire of Person Taking Acknowledgment ,~,---,~..,., ~. ..?,;~ ,.. ,,...~ ~, Name of Acknowledger Typed, Printd~l or S1amped id/gm/c/naples manor lakes/agree OR: 2A36 PG: 121t~A~,~~ EXttlIIIT "A" LEGAL DESCRIPTION LOT 17 OF BLOCK 14, NAPLES b/IANOR ADDITION, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PI.AT BOOK 3, AT PAGE 68, OF TIlE PUBLIC RECORDS OF COI.LIER COUNTY FLORIDA. - 6 - RESOI.UTIJ)N N('). 9,~-_20D- I",[:.SOLUI'ION OF TIIE BOARD (}F COUNTY C'(}MMISSIONI!I),.,.;. COUNTY. FLOP, IDA, AUTIIOP, IZING ',,VAI\,'I~I~, OF RI.i(;ION:\I. \VATEP, .'.;'~'STI.~M I.',,II'ACT FE[:.S, P, li(;I()N.,\I..',;EWIH), S'Y.~'I'ILM IMI':\('T Flil!,'-;. I.IBRARY SYSTEM IMI)AC'T FILES. I'ARKS ANI) RIL('I(I:.,,VI'I()NAI. FAC'ILITIES IMPACT FEES. P, OAI) IMPACT Fl:.li,~, F. MliR(H:N("~' *llil)l('AI. ,%liR\'ICES IMPA(?T FF. IiS AND liDI,~('ATIONAI. FA¢'II.ITtI:N 5, VNTli,X,I [,MI),,\t'T I:lil'.,q FOIL ONE II(H;SI.. TI) Hli ('f)N.q'I Rt'('TI:I) B'~' IIAHII..\t F()R IIIJM..~,NI'I'T ~)1: ('(.)l.l.lliR ('(}IINI'¥. IN('., ()N I.(}1' I,~. IH.t)t'K I-1 N..\I'I.I:."; *IANOP, ADI)ITION, ('OI.I.tlLI~, ('()UNT'Y. Iq.ORll):\. %'1 IIH",IiAS. Collier (_'ounty has rccogm,*cd and attempted to address thc lack ~)I' adequate and afl~)rdable housing lbr moderate. Iow, anti roD'-Iow income hotlSchoJds in lilt ('ounty alltJ thc i~cctl lhr crcalwc anti innovative programs to assist m linc provisn)n of such ht)tlslllg by including several prov~smns ill Ibc ('oilier ('otmly (irowlh Management Plan. including: objective 1.a. policy 1.a.l: olucclwc I.fi. pt)hey 1.5.2. p.hcy 1.5.3. policy policy 1.5.5. policy 1.5.6: objective 1.6. policy 1.&3: objOctwc 2.1. policy 2.1.1. imhcy 2.1.2. policy 2.13. policy 2.1.5. and policy 2.1.6 of thc I tuusing Elcmcnt: and WIII';REAS. Collier County has received lkmthng pursuant to the Suite llousmg hnlmlivcs Purlncrship Program set ibrlh in Section 420.907 cl. seq., Florida Slalulcs and ('hapter 9[-37. Fh)rMu ..Xdmm~slratJ%'c ('ode: ami WIIILRIiAS. m ;~ccordancc with ('ollicr ('ounly {)rdinancc No. 93-19. thc ('(,truly ~ authorized It) usc funding I?om ibc St:nc ltousing Initiatives l)arlncrship [N[lIl'l l'rngram fi)r xxancr~ ,q'( '()lhcr ('()unty mHmct Ik'cs: and WI HLREAN. l labmn fi)r t lumanity of ('oilier ('(runty. Inc. )~ seeking a wap,'cr ()f impacl J~'cs: and WItERIL.XN. l labitat fi)r I lun~anity of Collier County. Inc. wdl con~Iruct ()nc (I) lhrcc-bcdroom unil (thc "Dwelling Unit") on I.ol 18. Block 14 Naples Manor Addhmn which ~s pr()p()~cd 1() sell fi,r l:,)rb'-Nix Thousand Five ttundrcd Dollars (S46.500.00): and WIIEREAS. thc Dwelling Unit will bc purchased hy u very h)w met)mc household winch is required Io invest a minimum of five hundred (500) hours of"Sweat Equ~ly" boil)re n obtains mit t() thc h(msc: and WIIERILAS. Mr. Charles C. Smith. V/cc l)residcm of llabmn fi)r lhm~amly ~)t' ('(dhcr Counly. Inc., submined to the Office of l lousing and Urban Improvement an ..Xflk)rdal)lc Ihmsmg Appl~camm dalcd April 27, 1998 fi)r a wawcr of impact tgcs fi)r the construction ~)f a ]muse on I,()t IX. Block 14 Naples Manor Addition, copy of said application is on file in thc llousmg and Urban Improvcmcnl l)cparmwnl: und WItEREAS. m accordance with Section 3.04 of thc Rc~i()nal Water ~y~icm Impact Fee Ordinance, Ordinance No. 9o-%6. as ;m~cndcd: Section 3.04 ,)I' thc Iicgn)naJ Ncxxcr Syslcm Imp;icl Fcc ( h'dm;mcc . Ordinuncc No. 90-S7. as amended: Section 3.04 of thc [.ibrary System Impact Fcc ()rdm;mcc. ()rdmancc No. S8-97. as amended: Section 4.03 of thc Parks and Rccrcammal I:ac/Ittics Impact Fcc Ordm:mcc. ()rdmancc No. ~-96. as amended: Sccmm 3.0~ of fl~c Road Impact Fee ()rdinancc. ()rdmancc No. 92-22. a~ amended: Ncction 3.05 of the Emergency Mcthcal Scrx'~ccs System [mpacl Fcc ()rdinancc. ()rdmancc Nt). 91-71. as amended: and Scclion 3.05 of thc Educatmnal Facihtlcs System Imp:icl Fcc Ordinance, ()rdmancc No. 92-33. as amended: an applicam may obtain a waiver of impact Iges by qualit3, ing tbr a waiver: and ~6A7 W}tF. RF. AS, Habitat for Itumanity of Collier County. [nc. has qualified for an impaet l%'e waiver based upon the following representations made by }labltat Iht l lumanity of('ollier County, Inc.: A. The Dwelling Unit shall be sold to a first-time home buyer. B. The Dwelling Umt shall be sold to a houscl~old with a very Iow mc~mae Ic~ cl as that term is defined in the Appendices to the respective Impact Fee Ordinances and the nmnthly payment lo purchase the unit must be within the affordable housing gmdclines established in Ibc Appendices to tile respective Impact Fee Ordinances. C. Thc Dwelling [Init shall he Ibc I hm~cslcad ifflhc mvncr. D. The Dwelling Unit shall remain affordable for Iiliccn (15) years I'rmn thc date Ibc certificate of occupancy is issued. NOW TItEREFORE, BE IT RESOLVED BY TIlE BOAR[) OF COUNTY ('()MMISSIONERS OF COLLIER COUNTY. FLORIDA, that: 1. '['he Board of County Commissioners hereby authorizes thc ('ounty Manager to issue an Authorization for waiver of impact fees lO [labitat for l lumanity ~t' Colhcr ('t~unty. hie. Ibr one (I) house which shall be constructed on Block 14. I.ol 18 Naples Manor Adthtion. ('oilier ('ounty. Florida. 2. Upon receipt by the tlousing and Urban Improvement Director of ;m agreement for waiver of impact fees signed by }[abitat for llumani~y of Collier County. lnc.. and/or I}lc purchaser, tlr other documentation acceptable 1o the Count)' Attorney. the Board of County Commissioners hereby authorizes the payment by Collier County of the {'ollowing m~pact t¥cs frtm~ fi~e Al'fimlable llousing Trust Fund. Fund {191). in the following amounts for the one {I) house Io be built on Block 14. I.ot I8 Naples Manor Addition by l labitat fi~r [Iumanity of Collier ('Ottllty. Inc.: A. Library Impact Fee $ 180.52 B. Road Impact Fee 1.379.00 C. Parks and Recreational Facilities Impact Fee: ( I ) ('ommunity Parks 399.1){) (2) Regional Parks 179.01') D. EMS Impact Fcc 14,1')0 E. Educational Facilities System Impact Fee 1.778,00 F. Water Impact Fee " 900.00 G. Sewer Impact Fee 51.3.10.00 TOTAL IMPACT FEES S6,169.52 3. The payment of impact fees by Collier County is subject to the excct, tion and recordation of an agreement for waivcr of ('oilier County Impact Fees between the property owner and/or purchaser and the County. This Resolution adopted after motion, second and majority vote favoring same. ATTEST: DWIGHT E. BROCK, Clerk Attest a~ ~o Ch~trI~n'$ signature only. Approved ~s to fo~ legal su[ficicncy: Assistant County Attorncy BOA RI) OF (7OUN'FY (;[)M MISSION F.I~,S COLLIER C'OUN'FY, FI.ORI DA Barba?x.B. Berry, ('hairffran ~ X,~"~ j~c/Naples Manor AdditioWreso 16A7 EXIIIBIT "A" I,EGAI, I)ESCRIPTION LOT 18 OF BLOCK 14, NAPI.ES MANOR ADI)ITION. TO TIIE PLAT BOOK TtIEREOF, AS RECORDED 1N I'[.AT BOOK 3, AT PAGE 68, OF TIlE PUBLIC RECORDS OF COI.LIER ('¢)llN'l"~' FLORIDA. - 4 - r,lCq ~ mD AGREEMENT FOR WAIVER OF COI,I.IER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into this~-.~'day o~ 1998, by and between the Board of County Commissioners of Collier Countv, Florida, hcrchlaficr referred to as "COUNTY" and Habitat for Humanity of Collier County, Inc., hereinafter referred to as OWN E R. W I T N E S S E T It: WHEREAS, Collier County Ordinance No. 90-86, as amended, tile Collier County Regional Water System Impact Fee Ordinance; Collier County Ordinance No. 90-87, as amended, thc Collier County Regional Sewer System Impact Fcc Ordinance; Collier County Ordinance No. 88-97, as amended, the Collier Cour~ty Library System hnpact Fee Ordinance; Collier County Ordinance No. 88-96, as amended, tile Collier (..'ounlv l'arks and P, ccrcational Facilities Impact Fcc Ordinance; Collier County Ordinance No. 91-71. as amended, tlre Collier County Emergency Medical Services System Impact Fcc Ordinance; Collier County Ordinance No. 92-22, as amended, tim Collier County Road Impact Fee Ordinance; and Collier County Ordinance No. 92-33, as amended, tile Collier County Educational Facilities System hnpact Fee Ordinance, as they rna.,,' be further amended from time to time hereinafter collcctively referred to as "Impact Fee Ordinance", provide for waivers of impact fees for new owner-occupied dwelling unit qualifying as affordable housing; and WHEREAS, OWNER has applied for a waiver of impact fees as required by tile Impact Fee Ordinance, a copy of said application being on,file in tile office of Housing and Urban Improvement; and \VHEREAS. thc County Administrator or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing waiver ofimpact fees as established in tile Impact Fee Ordinance; and WHEREAS. the impact fee waiver shall be presented in lieu of payment of thc requisite impact fees subject to satisfaction of all criteria in the Impact Fcc Ordinance qualifying the project as eligible for an impact fee waiver; and Resolution No. 98- ,,,?,O O at its regular meeting of Q,...,tt _. ~2~ ~ - WHEREAS, the Impact Fee Ordinance requires that the Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, thc parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals arc truc arid correct and shall bc incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") and site plan are attached hereto as Exhibit "A" and incorporated by reference herein. 3. TEP,,M. O;~'~'ER agrees that the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordance with thc standards set forlh in the appendices to the Impact Fee Ordinance for a period of fifteen (15) years commencing from the date thc certificate of occupancy is issued for the Dwelling Unit. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the following: WHEREAS, the COUNTY approved a waiver of impact Fees for OWNER cmbo -- , 1998; and OWNER enter into an Thc Dwelling Unit shall be sold to a household with avcry loxv income as defined in the appendices to the Impact Fcc Ordinance and his/her monthly payments to purchase the Dwelling Unit shall be within the affordable housing guidelines established in the appendices to thc Impact Fee Ordinance; The Dwelling Unit shall be sold to a first-time home buyer; The Dwelling Unit shall be the homestead el'owner; The Dwelling Unit shall remain as affordable housing for fifteen (15) years from thc date the certificate of occupancy is issued for the Dwelling Unit; and OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of S6,169.52 pursuant to the Impact Fee - 2 - Ordinance. In return for the xvaiver of tile impact fees oxvcd by OWNER, OWNER covenants and agrees to comply with the affordable housing impact fee xvaiver qualification criteria detailed in tile Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER. If OWNER sells tile Dwelling Unit subject to the impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit mt, st be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occt, pancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose dr, ring such period, the impact fees shall be immediately repaid to the COUNTY. 7. LIEN. The waived impact fees shall be a lien t, pon thc Dv;clling Unit on the effective date of this Agreement; which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement. 8. RELEASE OF LIEN. Upon satisfactory completion of the Agrcenlent requirements and fifteen (l 5) years after the date of issuance of thc certificate of occupancy, or upon paymem of the waived impact fees, the COUNTY shall, at the expense of thc COUNTY, record any necessary documentation evidencing the termination of thc lien, including, but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall be binding t, pon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns, ltl the case of sale or transfer by gift ofthe Dwelling Unit, the original OWNER shall remain liable for the impact fees waived t, ntil said impact fees are paid in fi, Il or until thc conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with thc land and shall remain a lien against the Dwelling Unit until the provisions ofSection 8 are satisfied. I0. RECORDING. This Agreement shall be recorded by OWNER at tile expense of OWNER in the Official Records of Collier County, Florida, within fifteen (15) days after execution of this Agreement by the Chairman of the Board of County Commissioners. - .3 - 11. DEFAULT. OWNER shall be in default of this Agreement (I) where OWNER fails to sell tile Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance and thcrc~,ficr fails to pay thc impact fees duc within thirty (30Ldays of said non-compliance, or (2)v,'hcrc OWNER violates one of the affordable housing qu~ification~ll criteria.in thc' hnpact Fee Ordinance for a period of fifteen (15) days after notice of the violation. 12. REMEDIES. Should the OWNER of tile property fifil to comply with thc said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full hy OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the D~velling Unit commencing on the effective date of this Agreement and continuing for fifteen (15) years from the date of issuance of tile certificate of occupancy or until repaid. Such lien shall be superior and paramount to thc interest in thc Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except tile lien for County taxes and shall be on parity with the lien of any suc ,~:County taxes. Should the OWNER be in default of this ,~' Agreement and thc default is notTcured within (30) days after written notice to OWNER, the Board may bring a civil action to enforce this agreement. In addition, the lien may be foreclosed or otherv.'ise enforced by the COUNTY by action or suit in equity as for thc tbreclosurc of a mortgage on real property. This remedy is cumulative with anv other riuht or remedy available to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys fees, incurred by the Board in enforcing this agreement, pitts interest at thc statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement Ibr Waiver oflmpact Fees on the date and yea[ first above written. OWNERS: HABITAT FOR HUMANITY OF COLLIER COUNTY, INC.~ ~"- C[-~arle~ C.-"gmith, Vi'ce,P/rcsidentX,., - 4 - DATED: .37 ,;',y / ;, ATTEST: DWIGHT E. BROCK, Clerk t~est as to Chairman's sSgnature Approved as to form and legal sufficiency Heidi F. Ashton Assistant County Attorney 16A BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Barb'~a ~.~r~, ChaXtm, an X,- ~ STATE OF Florida ) COUNTY OF Collier ) The foregoing instrument was acknowledged before me this /~ day of ,.~/;'.-; , 1998 by Charles C. Smith, Vice President of Habitat for Humanity of Collicr County. Inc. H~s~personaIIy known to me. iNOTARIAL SEAL] Signat?~2/of Person Taking Acknowledg~nent Name of Acknowledger Typed, Printed or Stamped jet/gm/c/naples r.,anor lakes/agree - 5 - EXIlIBIT "A" LEGAL DESCRIPTION LOT 18 OF BLOCK I,4, NAPI.ES MANOR ADDITION, A('CORI)IN(i TO THE PLAT BOOK TttEREOF, AS RECORDED IN PLAT BOOK 3, AT PAGE 68, OF THE PUBLIC RECORDS OF COLI.IER COUN'FY FLORIDA. (:2:) - 6 - RI:.SOLUTION OF TIlE IIOARD ()F ('()I!N'I"~' ('()NINIISSIONI(P,S. ('t)I.I.II!R ('OIJNT'~', FLORIDA, AUTIIORIZIN(; WAIVI(R ()t: RI.,'t~I()NA[, ~VA'I'F,I,t S'~'STENI IMPACT FEES, RI.:GIONAI, SF, WI.:R S5'S'I'[:.,~I INII'A('T FF, I.:S. I,II3RARS' SYSTEM IMPA(.'I' I:EI:,S. PARKS ANI) RI(('RI.;AI'I~')NAI, FACII,IT1ES IMPACT FEES, ROAD INII'AC'T FF, I.:S. I.:NII(R(';I:N("~' NIIiDI('AI, SF, RVICES IMPACT FEES AND [.:DUCATIf)NAI, FA('I[,['I'II(S IMPACT FEES FOR ONE [IOIISE TO Ill.: ('()NS'l'P, I I('l'l~l) 1~5' I IAIIITAT I:OI~ IIUNIAN[TY OF COLLIER £'OUNTY. IN('., ()N I,OT 21. [II.()('K 5, NAI'I,F,S ~,IANOR ANNEX. COLLIF, P, ('¢)11NTY, FI.()RII),,\. WIIERF. AS. Collier County has recognized and t, tlemptcd to address thc I;~t'k ¢,1' adequate and al'li~rdable housing I~r mod.Trait, low, and VcD'-Jt)w inCOlllC ht~tl~eht)ld5 m thc ( 't)Ullly alld Ibc Bc'ed fi~r crcilli¥c alld InllliVall~'R programs Jo ~sslsl in lhe provision of suRh honslng by including several j~rlivislolls In Ibc ('~llier ('ounly (Jrowlh Management Plan. including: objeclix'e 1.4, policy 1.4.1: ~hjcclivc 1.5. policy 1.5.2, policy 1.5.3, pohcy 1.5.4, policy 1.5.5. p~hcy 1.5.6: objective 1.6, policy 1.6.3: objc'ctivc 2.1, pohcy 2.1.I. p~d~cy 2.1.2. policy 2.1.3. policy 2.1.5. and pohcy 2.1.6 of thc l lousing Element: and WI IEREAS, C'ollicr County bas received t~Inding pt~rsuanl l~) thc SI;,tc I lousing lnltlalivcs ]'arlnershJp Program set fi)rth in Section 420.907 ct. seq.. I:lorida ~t~ltllcS ~md ('h~ptcr 91-37. I:h~rida Admll~lslrall¥~ ('t~d~; and WItEREAS. in accordance wilh Collier ('ounty Ordinance No. 93-19. thc (',~unty ~s aulhor~zcd lo usc funding from the State llousing Initiatives Pannership [SIIIP] Program tbr ~vaivcrs oI' ('oilier ('ounty impact l~cs; and WHEREAS. Habitat for llumanity of ('oilier ('ounty. Inc. is seeking a waiver ~1' Inlpacl l~cs: anti WItEI(EAS. tlabitat l~r llumanity of ('oilier ('ounty. Inc. will conslrucl ~nc ti) three-bedroom unit Ilhc "Dwelling t Jail") on l.ot 21. l~lock 5 Naples Nlanor Annex wblcb is proposed t~ sell I~r I:~rty-~lx Thousand Five tlund'-ed Dollars (S46.500.OO): and WIIEREAS. the Dwelling Unit will be purchased by a very Iow income housch~ld which is required to invest a minimum of five hundred (500) hours of"Sweat Equity" bcli~rc it obtains title lo the house: and WIIEREAS. Mr. Charles C. Smilh. Vice President of tlabitat fi~r Iluman~ty of ('oilier ('ounty, Inc.. submitted 1~ thc ()l'lqcc t)t' Ih)using and Urban In~pr~vcmcnt ~ln .,Xt'l~)rttahle lh~usmg .,Xpphc;~tion dated April 27, 1998 l~)r a waiver of m~pact l~cs l~r thc conslruclion ~ffa house on I,~1 21. I~l~ck 5 Naples kl;m~r Annex. a copy of sa~d apphcat~on ~s on I~lc in thc llousing and Urban In~provcmcnt l)cparlmcnl: and WIIEREAS. in accordance with Section 3.04 of ~hc Regional Water ~ystcm Impacl I:cc ()rdinancc, Ordinance No. 90-86. as amended; Section 3.04 of thc Regional Sewer System Impact Fcc ()rdinancc, Ordinance No. 90-87. as amended: Section 3.04 of the LibraD, System Impact Fcc Ordinance. ()rdmancc No. S8-97, as amended: Seclion 4.05 of thc Parks and Recreational Facfimcs Impact Fcc ()rdmancc, ()r(hnance No. 8~-96. as amended: Section 3.~4 of thc Road Impact l:cc Ordinance. ()rdinance No. 92-22, as ;Imcndcd; Scclioll 3.05 oJ' the Emergency Rlcthcal ~crx'iccs System Impact Fee ()rdinance, ()rdinancc No. 91-71. ;~s ;imcndcd: and Section 3.1)5 of thc Educational Facfimes System Impact Fee Ordinance. Ordinance No. 92-33, as amended: an applicant may obtain a waiver of impact fees by qualifying for a waiver; and WHEREAS, tlabitat for I.[umani~ of Collier County, Inc. has qualified for an m~paet fee waiver based upon the following representations made by I labitat for I lumanity of' Collier Counly. Inc.: A. The Dwelling Unit shall be sold Io a first-time home hu.ver. B. The Dwellin~ Unit shall be sold to a hous~h~fld will1 ;! very Jl~,w im.',lnl~., h.'vcl ~ Ibal I~.'r111 Is del'reed in the Appendices to the respective Impact Fee Ordinances anti thc' nlontJ'll? paymenl to purchase tile unit must be within lhe affordable housing guidchnes cstahhshcd m Iht Appcmhces Io thc respective Impact Fee Ordinances. C. Thc Dwelling Unit shall be the Homestead orthe owner. D. '['he Dwelling Unit shall remain affordable for fifteen 1151 years I'mm the date the certificate of occupancy is issued. NOW TIIEREFORE, BE IT RESOLVED BY.TIlE BOARD OF ('t')IIN'I'Y ('¢)MMISSI()NI!RS t)F COLLIER COUNTY, FLORIDA, that: 1. Thc Board of County Commissioners hereby authorizes the County Manager lo issue an Authorization for waiver of impact fees to I labitat for I lumanily of ('oilier ('ounty. Inc. for ~mc ( 1 ) house which shall be constructed on Block 5. I.ot 21 Naples Mam~r Annex. ('oilier County. Florida. 2. l[pon receipt by the Ilousing and Urban Improvement Director of an agreement for waiver impact fees signed by Habitat for llumanity of Collier ('ounty. Inc.. and/or the pt,rchascr, or other documentation acceptable to the County Attorney. thc Board or Counly ('ommissioners hereby authorizes thc payment by Collier County of Ibc following impact fees from iht Affordable I lousing Trust Fund, Fund (191), in the following amounts for thc one (l) house to be built on Block 5. l.ot 21 Naples Manor Annex by l labitat for t lumanity of Collier County. Inc.: A. Library Impact Fee S 180.52 B. Road Impact Fee 1.379.00 C. Parks and Recreational Facilities Impact Fee: ( I ) Community Parks 399.0t) (2) Regional Parks 179.00 1). F. MS Impact Fee 14.00 IL. Edt, cational Facilities System Impact Fee 1.778.t1{) F. Water Impact Fee 900.00 G. Sewer Impact Fee S1.349,00 TOTAl, IMPACT FEES S6,169.52 3. I'he payment of impact lees by Collier ('ot,nty ~s subJect to thc execution m~d recordation o1' an agreement /'or waiver of Collier County Impact Fees between tile property owner and/or purchaser and the County. - 2. - This Resolution ,dopted .~flcr motion, second and m.~jority vole favoring same. ATTEST: DWIGtlT E. BROCK, Clerk Attest a~, to Chatrm~n'$ $$gnature onl2. Approved -~s to form and legal sufficiency: tl~i~i F. Ashlon Assislant Counly Atlomcy I)OARI} OF ['OUN'I'Y ('OMMISSI()NF. RS COLLIER C¢)I }NTY. FI.(}RIDA jd/c<~Naples Manor Anne,vdreso - 3 - EXIIIIlIT"A" LE(;AL DESCRIPTION LOT 21 OF BLOCK 5, NAPLES MANOR ANNEX, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK I, AT PAGE I I0, OF TIlE PUBLIC RECORDS OF COI.I.IER COUNTY FLORIDA. - 4 - 16~7 AGREEMENT FOR WAIVER OF COI,IAER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees chi(red into this'-:"~lay of ~ 1998, by and between tile Board of ('ounty Conlmissioncrs of ('oilier ('ottnly, Florida. hcrcinaltcr rcfcrrcd to as "COUNTY" anti Habitat for ttumanity of Collier County, Inc., hereinafter referred to as "OWNER." W IT N ES S ET Il: WItEREAS, Collier County Ordinance No. 90-86. as amended, tile ('oilier County Regional Water System hnpact Fcc Ordinance; Collier County ()rdinancc No. 90-87, as amended, thc C_'oilier County Regional Scxvcr System Impact Fcc Ordinance: Collier County Ordinance No. 88-97, as amended, thc Collier County, Librar-,' Svstcm hnpact Fcc Ordinance: Collier County Ordinance No. 88-96, as amended, tile Collier ('ountv Parks and Rccrcational Facilities Impact Fcc Ordinance; Collier County Ordinance No. 91-71 :ts amended, the Collier County Emergency Medical Services System Impact Fcc Ordinance; Collier ('ounty Ordinance No. 92-22, as amended, the Collier County Road Impact Fcc Ordinance; and ('oilier Cou~ll'¥' Ordinance No. 92-33, as amended, the Collier County Educational Facilities System hnpact Fee Ordinance, as they may be further amended from time to time hereinafter collectively rcfcrred to as "Impact Fee Ordinance", provide for xvaivers of impact fees for new owner-occupied dwelling unit qualifying as affordable housing; and WHEREAS, OWNER has applied for a waiver of impact fees as required by thc Impact Fee Ordinance, a copy of said application being on file in thc office of ltousing and Urban Improvement; and WHEREAS, tim County Administrator or his designee has reviewed the OWNER's application and }las lbtmd that it complies with tile requirements for an affordable housing waiver of impact fees ~'; established in the Impact Fee Ordinance; and WHEREAS· the impact fee waiver shall be presented in lieu of paymcm of tile requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying thc project as eligible for an impact fee waiver; and - 1 - WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in' Resolution No. 98- o~O,/' at its regular meeting of ~,/_ ,.z, . ,..7..ff .1998: and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenam and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") and site plan are attached hereto as Exhibit "A" and incorporated by reference herein. 3.TERM. OWNER agrees that thc Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordance with the standards set forth in tl~¢ appendices to the Impact Fee Ordinance for a period of fifteen (15) years commencing from the dale thc ccrlificat¢ of occupancy is issued for the Dwelling Unit. 4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants thc following: co The Dwelling Unit shall be sold to a household with avcrv lox,,' income as defined in the appendices to thc Impact Fcc Ordinance and his/her monthly payments to purchase thc Dwelling Unit shall be within thc affordable housing guidelines established in the appendices to the Impact Fee Ordinance; Thc Dwelling Unit shall be sold to a first-time home buyer: The Dwelling Unit shall be the homestead of owner; The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date thc certificate of occupancy is issued for the Dwelling Unit; and OWNER is the owner of record of the Dwelling Unit and oxves impact fees in the total amount of S6,169.52 pursuant to the Impact Fcc - 2 - Ordinance. In return for the waiver of the impact fees owed by O~,~X('~l~ OWNER covenants and agrees to comply with the affordable housing impact fee waiver qualificatfon criteria detailed in the Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER. frOWNER sells tile Dwelling Unit subject to tile impact fee waiver to a subsequent purchaser, tile Dwelling Linit shall be sohl only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABI,E REQUIREMENT. Thc Dwelling t;nit IIItlSl I'}C utilizctl tbr affordable housing for a fifteen (15) year period after thc date tile certificate of occupancy is issued; and if thc Dwelling Unit ceases to be utilized Ibr that purpose during such period, tile impact fccs shall bc immediately rcpaid to the COUNTY. 7. LIEN. Thc waJvcd impact fees shall be a lien upon thc Dwelling Unit on the effective date of this Agreement; which lien may be foreclosed upon in thc event of non-compliance with tile requirements of this Agreement. 8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements and fifteen (15) years after the date of issuance of'tim certificate of occupancy, or upon payment of tile waived impact fees, the COUNTY shall, at tile expense of thc COUNTY, record any necessary, documentation evidencing tile termination of thc lien, including, but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, tile original OWNF, R shall remain liable the inlpact fees waived until said impact fees are paid in full or until tile conditions set forth in tile Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a[ien against the Dwelling Unit until the provisions of Section 8 are satisfied. I0. RECORDING. Ihis Agreement shall be recorded by OWNER at the expense of OWNER in thc Official Records of Collier County' Florida, within fifteen (15)days after execution of this Agreement by the Chain'nan of the Board of County Commissioners. cZ:) - 3 - 11. DEFAULT. OWNER shall be in default of this Agreement (I) where OWNER lhils to sell thc Dwelling Unit in accordance with thc aflbrdablc housing standards and qualification criteria established in thc h'npact Fcc Ordinance and thereafter fails to pay thc impact fees duc xvithin thirty (30) days of said non-compliance, or (2} where OWNER violates one of thc affordable housing qualification criteria in tile Impact Fcc Ordinance for a period of fifteen (15) days after notice of the violation. 12. REMEDIES. Should the OWNER of thc property Fail to comply with tile said qualification criteria at any time during thc fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived shall be l~aid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commencing on thc effective date of this ,,\grcement ami continuing for fiftccn (I 5) years from thc date of issuance of the ccrlificatc of occt,pancy c~r pntil repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except thc lien for County taxes and shall be on parity with the lien of any such County taxes. Should thc O\V'NER be itl default of this Agreement and thc default is not ct, red within (30) days af'tcr written notice to OWNER. thc Board may bring a civil action to enforce this agreement. In addition, the lien may be foreclosed or othcrv/isc enforced by the COUNTY by action or suit in equity as For thc foreclosure of a mortgage on real property. This remedy is cumulative with any other right or remedy available to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys fees, incurred by thc Board in enforcing this agreement, plus interest at the statutory rate fbr jt, dgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have exect, tcd this Agreement for \Vaiver of Impact Fees on the date and year first above written. Witnesses: Print Name ,_/Print Name J....,,,,,. -~../_.~;~...-~..,~ O~VNERS: HABITAT FOR HUMANITY OF COLLIER COUNTY. INC. B,.¥: .,"/, 1 ~".- . ~. L 'C~i~'l~s-~. SmithI, V.,i ident' - 4 - ATTEST: DWIGHT E. BROCK, Clerk t as to Chatrman.s ~ .-, c Approved as to tbrm and legal sufficiency He,ali K *~hton Assistant County Attorney 1 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Barb~a B. B'e~-~. STATE OF Florida ) COUNTY OF Collier ) The foregoing instrument was acknowledged before me this /5) day of /~//~,,~. , 1998 by Charles C. Smith, Vice President of Habitat for Humanity ofCollier County, Inc. He i~personally known to me. (NOTARIAL SEAL] SignatureOFPerson Taking Acknowledgn~ent Name of Acknowledger Typed, Printed or St~.mped jd/gm/c/naples manor lakes/agree - 5 - EXItlBIT "A" LEGAL DESCR! PTION LOT 21 OF BLOCK 5, NAPLES MANOR ANNF. X, ACCOI~I)IN(; TO Till:. PI.AT BOOK TtlEREOF, AS I~F~CORDED IN PI.AT BO()K I, AT PAGE I I0, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. - 6 - RF.S()IolFI'ION N(). 98. 202 16A7 I~,I:SOI.U'I'ION OF 'rill.: BO..\I),I) ()[: COUNTY. FI.OR[D:\. AUTIIORIZIN¢i WAIVIiR OF RF.(H~)N..\I. W..\T[.~R SYS'FI~M IMPA('T I:[:.ES. RI~(H()NAI. SF. WliI", SVSTF. M IMI':\C'I I.F.F.S. LIBRARY SYSTEM IMP,\(q' FF.F.S. PARKS ANt) I,',Ii('I,U:..,Vllt)NAI. FACII..FI'IF.S IMI'A(.'I' FF. ES, ROAD hMPACT FEES. EMER(HiNCY MI.:I)ICAL StiRVI¢'ES IMI'ACYI' FF.F.S AND I!I)II('A'I'IONA1. FA('II.ITIFS SY:C, TF.M IMPA('T FEES FOR ONF, IIOUS[.: TO lie ('t')NS'I'I,tl;('TI~I) BY IIAIIFI'AT l:r)R IIUMANITY ¢.)F ¢'OI.I.IF.R ('¢)IIN'IY. IN('.. ()N l.t)'l' 7. BI.¢)('K 7. N:\t'I.liS MAN¢)R ANNF. X. ( 'OI.I.IER COl JN'I'Y. FI.¢)RIDA. WIIERt{:\S. ('oilier County has recogmzcd and attempted to address thc lack of adequate and afl'ordable housing for moderate, low, and veD'-Iow income households m Iht ('ounty and Iht need lbr creative and innovative pro,ams to assist m the provision of such housing by including several prov~smns m Ibc ('olhcr Counly (irowth Management Plan, including: obJeCtive 1.4. policy 1.4.1;.objeclivc 1.5, policy 1.5.2, policy 1.5.3, policy 1.5.4, policy 1.5.5. policy 1.5.6: object~vc 1.6. policy 1.6.3; ohjccl~x,c 2.1. policy 2.1.1. p.hcy 2.1.2. p~dicy 2,1.3. policy 2.1.5. and policy 2.1.6 ol' Iht I l(m~ng [~lcmcnl; and WIIEREAS. ('oilier ('ounty has rccclvcd fimdmg pursuant lo Iht Stale Ih)using Imtmtivcs Parlncrship Program set fimh m Scctmn 420.907 cl, seq., [:londa Statutes and ('haptcr 91-37. I'h)rlda Administrative ('ode: and WIIER[~AS. m accordance wilh ('oilier ('t)unly {)rdinancc No. 93-19. Iht ('otmlx as auflmrlzcd lo usc funding from thc Stale Housing lnitiatn'cs Parmcrship iS[lIP] Program fi)r x~mvcrs .f ('t)lllcr ('rarely impacl I~cs: and WIII{REAS. }lab~tat lbr I lumamty ol'Colhcr ('ounty. lnc, is seeking a ~v:u~ cr .f imp;,cl I~'cs: ;md WI IE[{I~AS. [labitat fi)r [lure:miry of C.Ihcr ('ou~lly. Inc. will collstrucl one (I) lhrcc-bcdroon~ umt {thc "Dwelling Unit") on l.ot 7. Block 7 Naples Manor Annex which is proposed to sell lbr ]:orly-Six Thousand I:ivc I Iundrcd Dollars {S46.500.00}: and WHEREAS. thc Dwelling Unit will bc purchased by a vcD' Iow income hm~schold which ~s rcqmrcd Io invest a minimum of five hundrcd {500) hours ot'"Swcat ]!qmty" bclbrc ~t obtains hllc ~o Iht Il.usc: ami WIII:REAS. Mr. ('harlcs C. Smith. Vice Prc~dcm of Ilalmat fi)r []umamtv o1' ('-Ihcr ('.truly. Inc.. submitted h} thc ()fficc of llousing and Urbnn lmprovcmcnl an Aflbrdablc I lousing Apphcatlon dated April 27. 1998 tbr a x~aivcr of mil, act Ii:es lbr the conslruclmn ora house on l.ot 7. [tl(~ck 7 Naples Manor Annex. a copy of said apphcamm ~s on file tn thc I Eousing anti Urban lmprovcmcnl Department: and WII[LRI:AS, m accordance w~fl~ Scclion 3,04 of ll~c Regional Water System Impact Fcc ()rdmancc, Ordinance No. 90-S6. as amended: Scclion 3.04 of thc Rcgmnal Sc~vcr Syslcm Impacl Fcc ()rdmancc. ()rdinancc No. 90-87. as amended: Scclmn 3.04 ol'thc I.ibrary System Impact Fcc ()rdmancc, I)rdmancc No. 88-~17. as amended: Ncctmn 41}5 ol' thc Parks and Recrcali.nal I:acdmcs Impact Fcc ()rdmmlcc. ()rthllancc No. N8-9(). as amended: Scctmn 3.04 o1' the Road Impact Fcc Ordinance. { )rdmancc N,~. ')2-22. as anlcndcd; Section 3.05 of thc Emergency Medical Services System Impact Fee Ordinance. ()rdinancc No. 91-71. a~ amended: and Seclmn 3.1)5 of the Educauonal Facdmcs Syslenl Impact Fcc ()rdmancc. Ordinance No. 92-33. as alllClldcd: all apphcanl may oblam a waiver of m~pact lkcs by quality'lng for a wan'cf: and - i 16^? WIIEREAS. llabitat for Itumanity of Collier County. Inc. has qualified for an mlpact fee waiver based upon the following representations made by Habitat for lk,manity of Collier Cotlnty. Inc.: A. Thc Dwelling Unit shall be sold to a first-t/me home buyer. B. Th..' Dwelling Unit shall be sold to a household with a ','cD' Iow income level as that term is defined in the Appendices to the respective Impact Fee Ordinances and thc monthly payment to pt,rchasc tim umt must be within the alTordable housing guidelines cstabhshed in tile Appendices to lhc respective Impact Fcc Ordinances. 'Ibc I)welling Unit shall be thc Ilomcstcad of the owner. Thc I)wclling Unit shall remain affordable for fifteen {15) years I'rom thc date the certificate of D. occupancy is issued. NO\V TIIEREFORE. BF. IT COLLIER COUNTY. FLORIDA. that: I. RESOI.VED BY TIlli B¢)ARD f)l: ('()IJN'IY ('t)MMISSIf)NI:.RS ()F Thc Ih)ard of ('ounly ('ommissioners hereby uuthorlzcS Iht ('ounty M;magcr It) msue an Authorization Ibr waiver of impact fees to [labitat for I lumantty of ('oilier {.'ounty, Inc. for one ( I ) house which shall be constructed on Block 7. l.ot 7 Naples Manor Annex. { 'oilier ¢'ot, nty. Florida. Upon receipt by the Housing and Urban Improvement Director of an agreement for waiver Impact fees signed by Habitat for ][umanity of ('oilier Counly. Inc.. and/or the pt,rchascr, or other documentation acceptable to thc County Attorney, Iht Board of ('ounty Commissioners hereby authorizes the payment by Collier County of the following impacl fees from Iht A flbrdable l lousing Trust Fund. Fund ( 191 ). in thc £ollowing amounts for thc one ( 1 ) house lo bc b,till on [tlock 7. I.ol 7 Naples Manor Annex by Habitat for Ilumanny of ('oilier ('ounty. Inc.: A. l.~brary Impact Fcc S 180.52 B. Road Impact Fee 1.379.00 ('. Parks and Recreational Facilities Impact Fee: f 1 ) Community Parks 399.O{I (2) Regional Parks 179.00 D. F. MS Impact Fcc 14.00 Ii. Educational Facililies System Impact Fee 1.778.00 F. Water Impact Fcc 900.00 G. Sewer Impact Fcc 51.34{).00 TOTAL IMPACT FEES $6,169.52 3. The payment o1' impact fees by Collier County is subJect ti) lite cx'.2culton lind recordation of an agreement lbr waiver of Colher County Impact Eees between thc property owner and/or purchaser and the County. This Resolution adopted after motion, second and majority ,.'otc thv.nng same. AITEST: DWIGI IT E. BROCK. Clerk signature Approved as to Form and )egal su~ciency: Heidi F. Ashlon Assistant County Attorney BOARD OF C'OUNTY C'OMM ISSI()NI.~RS C'OI,[.[ER ('()liNTY, FI.()RII)A jd/c/Naples M.',nor Annex/reso 16A7 EXIIlBIT "A" LEGAl. DESCRIPTION LOT 7 OF BLOCK 7. NAI'LES MANOR ANNEX. A('('ORI)IN(; TO TI IE PLAT BOOK TIIEREOF. AS RECORDF. I) IN PI.AT IIO()K I. AT PAGE I lO. OF ]'liE PUBLIC RECORDS OF ('Ol.l.ll'~R ('()! rNTY FLORIDA. - 4 - -1 AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into this~day o~ 1998, by and between thc Board of County Commissioners of Collier County, Florida. hereinafter referred to as "COUNTY" and Habitat for Humanity of ('oilier County, Inc., hereinafter referred to as "OWNER." WITNESSETIt: WHEREAS. Collier County Ordinance No. 90-86, as am(nd(d, thc Collier County Regional Water System Impact Fcc Ordinance; Collier ('ounty Ordinance No. 90-87, as amended, the Collier County Regional Sewer System Impact Fee Ordinance; Collier County Ordinance No. 88-97, as amended, the Collier County Library Systcm Impact Fcc Ordinance; Collier County Ordinance No. 88-96, as amended, the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71, as amended, the Collier County Emergency Medical Services System Impact Fee Ordinance: Collier County Ordinance No. 92-22. as amended, the Collier County Road Impact Fcc Ordinance: and Collicr County Ordinance No. 92-33, as amended, the Collier County Educational Facilities System Impact Fcc Ordinance, as they may be further amended from time to time hereinafter collectively referred to as "Impact Fee Ordinance", provide for waivers of impact fees for new owner-occupied dwelling unit qualifying as affordable housing; and WHEREAS. OWNER has applied for a waiver of impact fees as required by thc h'npact Fee Ordinance, a copy of said application being on file in the office of Housing and Urban Improvement; and WHEREAS. the County Administrator or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, thc impact fee waiver shall be presented in lieu of payment of tim requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and - i - WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 98- o~O ,::'T-at its regular meeting of ~,,ff~,7~,a ,,,-v.,o:' , 1998; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. and shall be offered for sale in accordance with the standards set lotH1 in thc appendices to the Impact Fee Ordinance for a period of fifteen (15) years commencing from tile date the certificate ofoccupancy is issued for the Dwelling Unit. 4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the following: a. The Dwelling Unit shall be sold to a household with a ','cry lox,,' income as defined in the appendices to the Impact Fcc Ordinance and his/her monthly payments to purchase thc Dwelling Unit shall be within the affordable housing guidelines established in the appendices to tile Impact Fee Ordinance; b. Tile Dwelling Unit shall be sold to a first-time home buyer; c. The Dwelling Unit shall be the homestead of owner; 4. The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and e. OWNER is the owner of record of thc Dwelling Unit and owes impact fees in the total amount of S6,169.52 pursuant to tile Impact Fee RECITALS INCORPORATED. Thc forcgoing recitals arc truc and correct and shall be incorporated by reference herein. LEGAL DESCRIPTION. The legal description of thc dwelling unit (the "Dwelling Unit") and site plan are attached hereto as Exhibit 'A' and incorporated by reference herein. TERM. OWNER agrees that tile Dwelling Unit shall remain as affordable housing - 2 - Ordinance. In return for the waiver of the impact tees owed by OWNER, OWNER covenants and agrees to comply with thc affordable housing impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER. If OWNER sells tile Dwelling Unit subjecl to tile impact fcc waiver to a subsequent purchaser, thc Dwelling Unit shall be sold only to hot~scholds meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. Thc Dwelling Unit must be ~,tiliz¢tl for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dsvelling Unit ceases to be utilized for that purpose during such period, tile impact fees shall be immediately repaid to the COUNTY. 7. LIEN. The xvaivcd impact fees shall be a lien upon tile Dwelling Unit on tile effective date of this Agreement; which lien may be foreclosed upon in thc event of non-compliance with the requirements of this Agreement. 8. RELEASE OF LIEN. Upon satisfactory completion of thc Agreement requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or upon payment of the waived impact fees, the COUNTY shall, at thc cxpcnsc of the COUNTY, tv, cord any necessary documentation evidencing the termination of thc lien, including, but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall be binding upon tile parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In tile case of sale or transfer by gift ofthe Dxvelling Unit, the original OWNER shall remain liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the hind and shall remain a qen against the Dwelling Unit until tile provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by O~VNER at the expense of OWNER in the Official Records of Collier County, Florida, within fifteen (15) days after execution of this Agreement by the Chairman of the Board of County Commissioners. - 3- 1 11. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER fails to sell the Dwelling Unit in accordance with lite affordable housing standards and qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in tlte Impact Fee Ordinance For a period of fifteen (15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property hil to comply with thc said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived shall bc paid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that thc impact fees waived shall constitute a lien on thc Dwelling Unit commencing on thc effective date of this Agreement and continuing for fi fieen (15) years front the date of issuance of the ccrtiticatc ot' occupancy or until repaid. Such lien shall be superior and paramount to the interest in thc Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except thc lien for County taxes and shall be on parity with the lien of any such County taxes. Should the OWNER bc in dcthult of this Agreement and the default is not cured within (30) days after written notice to OWNER, the Board may bring a civil action to enforce this agreement. In addition, the lien may be foreclosed or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a mortgage on real property. This remedy is cumulative with any other right or remedy available to the COUNTY. The Board shall be entitled to recover all fees and costs, including attomcys fees, incurred by the Board in enforcing this agreement, plus interest at thc statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. Witnesses: Print Name OWNERS: HABITAT FOR HUMANITY OF 'COLLIER/COUNTY, INC. ? :~'~'r~'~'~ ~: Smith: Vic~residk[~t - 4 - ATTEST: DWIGHT E. BROCK, Clerk Approved as to form and legal sufficiency I2I~1~1i 1~] Asht°n ' _ Assistant County Attorney BOARD OF COUNTY COMK4ISSIONERS COLLIER COUNTY, FLORIDA STATE OF Florida ) COUNTY OF Collier ) The foregoing instrument was acknowledged before me this ./'y: clay of/~' , 1998 by Charles C. Smith, Vice President of Habitat for Humanity of Collier County, Inc. ~-~ is personally known to me. [NOTARIAL SEALJ . ,, ,J Slgaature of Person Taking Acknowledgment Name of Acer T3,~ed, Printed or Stamped jdJgm/c/naples manor lakes/agree - 5 - EXtllBIT "A" LEGAL I)ESCRIPTION LOT 7 OF BLOCK 7, NAPLES MANOR ANNEX. ACCORDING TO TIlE PLAT BOOK TltEREOF, AS RECORDED IN PI.AT BO()K 1, AT PAGE 110, OF TIlE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. - 6 - 2434 PG: 1934 *** 16A7t~ RESOLI.;TION OF 'FILE BOARD OF ('C)UNTY ('()MMISSI(.)NI!RS. ('(;I.I.IER ('O[;N'I'Y. FI.ORll)A. AUTII()RIZING WAIVF. P, ()F I;,I!(iI¢)NAI. WATI..'R SYSTEM IMPAC'T FEES. RI'.'GIONAI. SI~\VER SYSTEM IMI'A('T FEIiS. I. IBRAR¥ SYSTEM IMPACT FF.F.S. PARKS AND RI'X'RIiATI()NAI. IrA('II.ITII~S IMPACT FI.J:.S. RO:\I) IMI'ACT FEES. I'~MI!R(HiN('¥ Mlil)I('AI. SF. RVI('ES IMPACT FEES AND F.I)U('ATIONAI. FA('II.H'II!S SYSTli,',,I IMPA('T FEES FOR ONF. IIOUSF. T(') BE ('¢)NS'I'RII('TEI) IIUMANH'Y OF ('OLLIL:I*, ('()I;N'I'Y. IN(.'.. ON I.¢YF l.,t. BI.()('K 7 N:\PI.I.~S MAN()R ..\NNEX. ('OI.I.IF.R ('O! ;N'I'Y. FI.(')I,IlI)A. WIll:RI!AS. ('olher ('ounly has rccogmzed and atlcmpled 1,~ address the lack .f adcqualc and al'lbrdablc housing for moderate, low. and ceo'-Iow income households m lhe County and the nectl Ibr crealtvc and innovnltvc pro, ms Io asslsl m the provision of such housing by including several pmv~smns ~n Ihe ('~llicr ('ounly (irowlh Management Plan. including: objective 1.4. policy 1.4.11 objective 1.5. policy 1.5.2. p-hey 1.5.3. pohcy 1.5.4. policy 1.5.5. policy 1.5.6: objective 1.6. policy 1.6.3: objeclive 2.1. policy 2.1.1. p. hcy 2.1.2. imhcy 2.1.3. policy 2.1.5. and policy 2.1.6 ()f ~he f lousing Element and WI IEREAS. ('oilier County has received limding pursuant to thc State lhmsmg Initiatives l'a~ncrslup Program set fi~rth in Scctmn 420.907 ct. seq.. Florida Statutes anti Chapter 91-37. Florida :[dmlmslratlve ('ode; and WI IEREAS. ~n accordance with Collier Counly ()rthnancc No. 93-1'). thc ('otmty ~ authorized to tl~c fBnding from the State ltousing Initialives Pa~nership [SIIIPI Program tbr x~atvcrs ~f( '-lhcr ('ounty impact t~cs; and WII[!RIL\5;. l lab~tat for Ilumanlty of ('olhcr ('ounty. Inc. is socking a ~xa~vcr .I' m~pacl lk'es: and WIII~REAS. llalmat fi~r }lumamlv of ('oilier Ctmnty. Inc. will conslrucl tmc (I) Ihrcc-bcdroom unil (the "Dwelling Iiml") on Lol 14. Block 7 Naples Manor Annex which is proposed m sell liar Ft~rly-S~x 'lhousand Five Hundred Dollars f5~6.500.00): and WHEREAS. thc Dwelling Umt will be purchased by a vc~ Iow income h-usch.ld x~hlch ~s reqmrcd to revest a minimum of five hundred f500) hours of"Sweat Eqmty" belbre ~t obtains t~llc m thc house: and WHEREAS. Mr. Charles ('. Smith. Vice Presidcnl of llabitat fbr llumamtv .f ('-li~cr ('OUnly. Inc.. submiIled to the Office .f l{ousing and Urban [n]provcment an Aflbrdable Itousmg Apphcatmn dalcd Aprd 27, 1998 tbr a waiver .f mapact Ik'es Ibr the construch.n ol'a house on 1,oi 14. Block 7 Naples Matmr Annex. a copy of said applicalmn ~s on file m the Ihmsing and Urban Improvement Departmenl: and WIIERIiAS. m accr~rdance wilh Section 3.04 of ll~e Regmnal Water System Impact Fee Ordinance, Ordinance No. 9~1-S6. a, amended; Section 3.04 of Ihe Regional Sewer System hnpacl fcc {)rdmance . Ordinance No. 90-87. as amended: Scctmn 3.04 ol'thc l,ibra~, System Impact Fcc ()rdmancc. ()rdmancc No. 88-97. as amended: Scc~mn 4.,5 of' the ['arks and Rccrcalmnal Facflmcs Impact Fcc {)rdmancc. ()rdinancc No. 88-96, as amended; Scctmn 3.04 -I' thc Road Impact Fee Ordinance. Ordinance No. 92-22. as amended; Section 3.05 t~f the Emergency Medical Services System Impact Fcc Ordinance. Ordinance No. 91-71. as anlcndcd: and Scclion 3.05 of the Educational Facilities System Impact Fcc Ordinance. Ordinance No. 92-33. as amended: an apphcant may oblain a waiver of impact fees by qualifying for a waiver: and WtlEREAS. Habitat for Humanity of Collier County, Inc. has qualified for an ~mpact fee waiver based upon the following representations made by IIabilat tbr Ilumanity 0fCollier County. Inc.: A. Thc Dwelling Unit shall be sold to a first-time home buyer. B. 'l'ht Dwelling Unit shall be sold to a household with a very. low income level as that term ~s defined in thc Appendices to the respective Impact Fcc Ordinances and the monthly payment lo purchase thc unil must be within the affordable housing guidelines established in thc Appendices to thc respective Impact Fee Ordinances. C. The Dwelling Unit shall be thc llomestead of thc owner. D. '['he Dwelling Unit shall remain affordable fi~r fifteen (15) years from Ibc date tile certificate of occupancy is issued. NOW TItEREFORE, BE IT RESOLVED BY TIlE BOARD OF ('{)IJNTY t'flMMISSIONF, RS OF COLLIER COlIN'Pt'. FI.ORIDA, that: I. The Board of County Commissioners hereby authorizes the Cmmty Manager to issue an Authorization for waiver of impact fees to Ilabitat for Itumanity oft'oil/er ('ounty. /nc. fi~r one (I) house which shall be constructed on Block 7. I.ot 14 Naples Manor Annex. ('oilier County. Florida. 2. Upon receipt by the l[ousing and LIrban IMprovement Director of ;~n agreement for waiver impact fees sitmed by ttabitat for tlumanity of Collier County. Inc.. and/or the purchaser, or other documentation acceptable to the County Attorney, the Board of County ('ommissioncrs hereby authorizes the payment by Collier County of the following impact lyes from the Affordable I lousing Trust Fund. Fund (191), in lhe following amounts for the one l l) }muse m he built on Block 7. I,ot 14 Naples Manor Annex by Ilabitat for llumanity of Collier County. Inc.: A. Dbrary Impact Fee S 180.52 B. Road Impact Fee 1.379.00 C. Parks and Recreational Facilities Impact Fee: ~ I ) Community Parks 399.00 (2) Regional Parks 179.00 D. EMS Impact Fee 14.01) E. Educational Facilities System Impact Fee 1,778.00 F. Water Impact Fee 900.00 G. Scwcr Impact Fee $1.340,09 TOTAL IMPACT FEES S6,169.52 3. I'hc payment of impact fees by C'ollJcr ('ounty is subject to thc cx¢culmn and rccordalion of an agreement for waiver of Collier County Impact Fees between thc property owner and/or purchaser and the County. - 2 This Resolution adopted after motion, second and majority vote favoring same. I6A? ATTEST: DWIGHT E. BROCK, Clerk Approved as to form and legal sufficiency: Hei~ff/:. Ks"htdn ' Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA .id/c/Naples Manor Annex/reso - 3 - EXHIBIT "A' LEGAL DESCRIPTION LOT 14 OF BLOCK 7. NAPLES MANOR ANNEX. ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK I. AT PAGE 110, OF TIlE PUBLIC RECORDS OF ('OI.LIER COUNTY FLORIDA. - 4 - ANNEX AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for thc Waiver of Impact Fees entered into this.~ilay of ..~..~ 1998, by and bctxvccn the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and Habitat £or ttumanity or Collier County, Inc., hcrcim, flcr referred to as "OWNER." WITNESSETH: WHEREAS, Collier County Ordinance No. 90-86, as amended, tim Collier County Regional Water System Impact Fee Ordinance; Collier County Ordinance No. 90-87, as amended, the Collier County Regional Sewer System Impact Fee Ordinance; Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, as amended, the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71, as amended, the Collier County Emergency Medical Services System Impact Fee Ordinance; Collier County Ordinance No. 92-22, as amended, the Collier County Road hnpact Fee Ordinance; and Collier County Ordinance No. 92-33, as amended, the Collier County Educational Facilities System hnpact Fcc Ordinance, as they may be further amended from time to time hereinafter collectively referred to as "Impact Fee Ordinance", provide for waivers of impact fees for new oxvner-occupied dwelling unit qualifying as affordable housing; and WHEREAS, OWNER has applied for a waiver of impact fees as required by thc hnpact Fee Ordinance, a copy of said application being .on file in the office of Housing and Urban lmpro'~, cment; and WHEREAS, thc County Administrator or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and - I - 1 7 WHEREAS, thc COUNTY approved a waiver of impact fees for O~VNER embodied in Resolution No. 98- ~::~0,~,2 at its regular meeting of ~..~,~/ .~._~' ,1998; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with thc COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. kEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") and site plan are attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordance with the standards set forth in the appendices to the Impact Fee Ordinance for a period of fifteen (I 5) years commencing from the date the certificate ofoccupancy is issued for the Dwelling Unit. 4. REPRESENTATIONS AND WARRANTIES. following: OWNER represents and warrants the The Dwelling Unit shall be sold to a household with a very Iow income as defined in the appendices to the Impact Fee Ordinance and his/her monthly payments to purchase the Dwelling Unit shall be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; The Dwelling Unit shall be sold to a first-time home buyer; The Dwelling Unit shall be the homestead ofoxvncr; The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $6,169.52 pursuant to the Impact Fee - 2 - Ordinance. In retum for the waiver of the impact fees owed by OWNER, OWNER covenants and agrees to comply with thc affordable housing impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER. frOWNER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY. 7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the effective date of this Agreement; which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement. 8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements and fifteen (15) years after the date of issuance of thc certificate of occupancy, or upon payment of the waived impact fees, the COUNTY shall, at the expense of the COUNTY, record any necessary documentation evidencing thc termination of the lien, including, but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall be binding upon thc parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In thc case of sale or transfer by gift of the Dwelling Unit, thc original OWNER shall remain liable for thc impact fees waived until said impact fees are paid in full or until thc conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at thc expense of OWNER in the Official Records of Collier County, Florida, within fifteen (15) days after execution of this Agreement by the Chairman of the Board of County Commissioners. - 2, - 1 ,4 7 11. DEFAULT. OWNER shall be in default of this Agreement (I) where dV~El~ fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance and thereafter fitils to pay thc impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with tile said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, tile impact fees waived shall be paid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that thc impact fees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fifteen (15) years from the date of issuance of the certificate of occupancy or t, ntil repaid. Such lien shall be superior and paramount to the interest in lhe Dxvclling Unit of any owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall bc on parity with the lien of any such County taxes. Should the OWNER be in default of this Agreement and the default is not cured within (30) days after written notice to OWNER. the Board may bring a civil action to enforce this agreement. In addition, the lien may be foreclosed or otherwise enforced by the COUNTY by action or suit in equity as for thc tbreclosure of a mortgage on real property. This remedy is cumulative with any other right or remedy available to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys fees, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. Witnesses: Print Name .OWNERS: HABITAT FOR HUMANITY OF COLLIER COUNTY. INC. Cfi~rles C. Smitti. ViCe Presiden~ - 4 - DATED: ATTEST: DWIGHT E. BROCK, Clerk s)~nature o~l~., ' ~pp~ovcd ~ to' fo~ and legal suffic~enc7 Iteidi ~sht°n Assistant County Attorney f BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA Bar'fa Ri Berry, C~,a~rman~ STATE OF Florida ) COUNTY OF Collier ) The foregoing instrument was acknowledged before me this /~' day of ,l, -,,).. , 1998 by Charles C. Smith, Vice President of Habitat for Humanity of Collier County, Inc. He ?d personally known to me. [NOTARIAL SEAL] ,/0- ,a d,z,...~. . Signatu,ref~(Person Taking Acknowledgment Name of Acknowledger Typed, Printed or'tamped ~ ~-~C~,-"~OT*,RY }:la No¢~/~c~& jd!gm/c/naples manor lakes/agree - 5 - EXItlBIT "A' LEGAL DESCRIPTION LOT 14 OF BLOCK 7, N~PLES MANOR ANNEX, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK I, AT PAGE 1 I0, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. cz) - 6 - -1 RESOLU]ION NO. 98- 204 ~[ 6,l 7 RESOI.UTION OF 'FIIE BOARD OF ('OI~N'I'y ('¢)MMISSI¢)NI'~RS. ('¢HI.IER COUNT'V. FLORIDA. AUTIIORIZING WAIVER OF REGI(~NAI. WATER SYSTEM [MPA('T FEES. RE(ilONAI. SEWER SYSTF. M IMI'A("I FEES. I.IBRARY SYSTEM IMPACT FF.F.S. I'ARKS AND RE('RI'.'ATI()NAI. FA( II.ITIF. S IMPACT FEES. Re)Al) IMI'A('T I:I!I:.S. I'iMER(iIiN('Y SF. RVICF. S IMPA(.'F FEES AND F.I)U('ATIONAI. FA('II.ITIF. S SYSTEM IMPA('T FF. ES FOR ONE IIOUSF. TO Itl". CONSTRII('TE'D BY II:\IHIAT F()R ItUMANFI'Y OF COLI.IER ('OIINTY. INt'.. ON I.OT 2, BI.()('K ~. NAI'I.ES MANOR ANNEX. COI.LIER COUNTY. FI.ORIDA. WI IERI!AS. ('oilier ('otinty has recognized and attempted to address thc lack ,f adctluatc anti affi~rdable housing fi~r moderate, h)w. and ve~'-Iow income households in lhe ('ounty anti thc need fi)r creative and )nm)vatwc programs Io assist m Ibc provismn of such housing hy including several proves.ms m Iht ('oilier ('ounty (Jrowlh Management Plan. including: objective 1.4. policy 1.4.1: objective 1.5. pohcy 1.5.2, policy 1.5.3. policy 1.5.4. policy 1.5.5. pohcy 1.5.6: ohjcclwc 1.6. pohcy 1.6.3; objective 2.1. pohcy 2.1.1. pohcy 2.1.2, policy 2.1.3. policy 2.1,5. and policy 2.1.6 of the llousing Element: and WI IEREAS. Collier County has received fi~nding pursuanl to thc State Ihmsmg Initiatives Partnership Program set tbrth in Section 420.907 ct. seq.. Florida Slatutcs and ('haplcr 91-37 Flortda Admmzstrativc ('ode: ami WtIEREAS. in accordance with ('olhcr ('ounly Ordinance No. 93-19. Ibc ('~tl~llv is authorized to usc funding I?om Ihe State llousing Initiatives t'arlncrship [SIIIP] Program l~r watvcrs of ('olhcr and WIIEREAS. Ilabitat fl~r ltumanity of Coil :r ('ounty. Inc. is seeking a w;.xer of m~pact lyes: ami WttEREAS. Ilabilat for Ilumanity of ('oilier ('ounty. Inc. will construct one ~I) three-bedroom uml (thc "Dwelling t]nit") on I.ot 2. Block 8 Naples Manor Annex which ~s proposed to sell fi~r Forty-Six Thousand Five llundred Dollars ~S~6,500,00): and WHI~REAS. thc l)welling Umt will be purchased by a reD' Iow income h, mschold which is required revest a minimum oF five hundred (500) hours of"Sweat I~quity" bclbrc ~t obtains t~tlc I. thc h.usc: and WHEREAS. Mr. Charles C. Smith. Vice Prcsidcnl of Ilahitat fi~r tlumamty of ('oilier ('ounly. Inc.. submitted I~ thc Ol'ficc of tlousing and Urban Improvcmcnl an Al'fi~rdablc IIousmg Apphcamm dated April 27, 1998 tbr a wawcr of impact l~es tbr the constmctmn ora house on I.ot 2. Block ~ Naples Mam~r Annex. a copy o1' said application zs on file in Ibc Ilousing and Urban Improvement I)cpanmcnt: and WItI~REAS m accordance w~th Ncction 3.04 of thc Regional Water System Impact Fee Ordinance. Ordinance No. 90-~6. as amended: Scclmn 3.1la of thc Rcgmnal Sewer System Impact Fcc t)rdmancc, Ordinance No. 90-87. as amended: Section 3.04 of thc I.ibrary System hnpacl Fee Ordinance. ()rthnancc No. g8-97, as amended: Scctmn ~.O5 of Ibc Parks and Rccrcatmnal l:acfimcs hnpacl Fcc Ordinance. (]rthnancc No. 88-96. as amended: Section 3.04 of the Road Impact Fcc Ordinance, OMinance No. 92-22. as amended; Scclion 3.05 of thc Emergency Medical Services System Impact Fee Ordinance. Ordinance No. 91-71. as amended: and Scclion 3.05 of thc Educalional I:acdnics System Impact Fcc ()rdinancc. Ordinance No. 92-33. as amended: an apphcant may obtain a waiver o1' m~pact I'cc:g by qualil3qng fi~r a waiver; and - i - , " 16A7 WIIEREAS. Ilabitat for Itumanity of Collier County. Inc. has qualified I'or an impac~ I'cc waiver based upon the following representations made by Habitat for llumanity of Collier County. Inc.: A. The Dwelling Unit shall be sold to a first-time home buyer. B. The Dwelling Unit shall be sold to a household with a very Iow income level as that term is defined in the Appendices to the respective Impact Fee Ordinances and Iht monthly payment to purchase thc unit must be within the affordable housing guidelines eslabhshed in the Appendices to thc respective Impact Fee Ordinances. C. The Dwelling Unit shall be the llomestead ofthe owner. D. Thc l)wclling Unit shall remain affordable fi~r fiflecn 115) years frum ibc dale the certificate of occupancy is issued. NOW TllEREFORE. BE IT RESOLVED BY TItF. BOARD OF ('O[i'N'I'Y ('()MMISSIONERS OF COLLIER COUNTY. FI,ORIDA. that: I. The Board of County Commissioners hereby authon,,es thc (.'ounty *lanager to ~ssuc an Authorization for waiver of impact fees to ilabitat for ilumanity of Collier County. Inc. for one II ~ house which shall be constructed on Block 8. Lot 2 Naples Manor Annex. ('olher ('ounty. I:lor~da. 2. Upon receipt by the Itousing and Urban Improvement Director of an agreement for waiver of impact fees signed by Habitat for itumanity of Collier County. Inc.. and/or Ihe purchaser, or other documentation acceptable to the County Attorney. thc Board of County Commissioners hereby authorizes the payment by Collier County of the following impact fees from ~hc Affordable I lousing Trust Fund, Fund (191), in the following amounts for thc one I I ) house to he buih on Block 8. I.ot 2 Naples Manor Annex by llabitat for tlumanity of Collier County. Inc.: A. Library Impact Fee S 180.52 B. Road Impact Fee 1.379.00 C. Parks and Recreational Facilities Impact Fee: (I) Community Parks 399.00 (2) Regional Parks 179.00 D. EMS Impact Fee 14.00 E. Educational Facilities System Impact Fee 1.778.00 F. Water Impact Fcc 900.oo G. Sewer Impact Fee 51.349,()0 TOTAL IMPACT FEES $6,169.52 3. The payment of impact fees by Collier County is subject to thc execution and recordation of' an agreement for waiver of Collier C'oun. ty Impact Fees between thc property owner and/or purchaser and the County. - 2 - 16A7'" This Resolution adopted alter motion, second and majority vote favoring same. ATTEST: DWIGIIT E. BROCK, Clerk slgr~ats'e c.~ly. Approved as to fo~ and legal sufficiency: BOARD OF COUNTY ('OMMISSI()NERS ('OI.I.IER ('O!)IWl'Y, FI.¢')RIr)A id/c/Naples Manor Annex/reso - 3 - 16A7 EXtlIBIT "A" I.EGAI. DESCRIPTION LOT 2 OF BLOCK 8, NAPLES MANOR ANNEX, ACCORDING TO THE PLAT BOOK TIlEREOF, AS RECORDED IN PLAT BOOK 1, AT PAGE 110, OF TIlE PUBLIC RECORDS OF COLLI[CI~ COUNTY FLORIDA. - 4 - AGREEMENT FOR WAIVER OF COI,I.IER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fccs entered into this _,~J'day ot~r..~a~.~. 1998, by ami between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and Habitat for Humanity of Collier County, Inc., tlcrcinaftcr referred to as "OWNER." WITNESSETH: WHEREAS, Collier County Ordinance No. 90-86, as amended, thc Collier County Regional Water System Impact Fcc Ordinance; Collier County Ordinance No. 90-87, as amended, the Collier County Regional Sewer System Impact Fee Ordinance; Collier County Ordinance No. 88-97, as amended, the Collier County Library, System Impact Fee Ordinance: Collier County Ordinance No. 88-96, as amended, the Collier County Parks and Recreational Facilities Impact Fcc Ordinance; Collier County Ordinance No. 91-71, as amended, the Collier County Emergency Medical Services System Impact Fee Ordinance; Collier County Ordinance No. 92-22, as amended, the Collier County Road Impact Fee Ordinance: and Collier County Ordinance No. 92-33, as amended, the Collier County Educational Facilities System Impact Fee Ordinance, as they may be further amended from time to time hereinafter collectively referred to as "Impact Fee Ordinance", provide for waivers of impact fees for new owner-occupied dwelling unit qualifying as affordable housing; and WHEREAS, OWNER has applied for a waiver of impact fees as required by tile Impact Fee Ordinance, a copy of said application being on file in the office of Housing and Urban Improvement; and WHEREAS, tire County Administrator or Iris designee has reviewed tire OWNER's application and has found that it complies with the re.quirements for an aflbrdable housing waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, tile impact fee waiver shall be presented in lieu of paymcn! of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying tire project as eligible for an impact fee waiver; and - 1 - WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 98- 2al at its regular meeting of Qr~,.,~_.~Y3~ . 1998: and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, thc parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are tree and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") and site plan are attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. Ox, VNER agrees that the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordance with tile standards set tbrth in thc appendices to thc Impact Fee Ordinance for a period of fifteen (15) years commencing from thc date the certificate of occupancy is issued for the Dwelling Unit. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the following: The Dwelling Unit shall be sold to a household with a very low income as defined in the appendices to the Impact Fee Ordinance and his/her monthly payments to purchase the Dwelling Unit shall be within the affordable housing guidelines established in thc appendices to thc Impact Fee Ordinance; The Dwelling Unit shall be sold to a first-time home buyer: The Dwelling Unit shall be thc homestead of owner: The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $6,169.52 pursuant to thc Impact Fcc - 2 - cz> Ordinance. 1 In return for the waiver of the impact fees owed by OWNER, OWNER covenants and agrees to comply with the aflbrdable housing impact fee waiver qualification criteria detailed in the Impact Fcc Ordinance. 5. SLIBSEQUENT TRANSFER. IfOWNER sells the Dxvelling t!nit subject to the impact fee waiver to a subsequent purchaser, the Dwelling Unit shall bc sold only to hm, scholds meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling IJnit must be utilized for affordable housing for a fifteen (15) year period after thc date the ccrlilicatc of occupancy is issued; and if thc Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY. 7. LIEN. Thc waived impact fees shall be a lien upon tile Dwelling Unit on the effective date of this Agreement; which lien .may be foreclosed upon in thc event of non-compliance with tile requirements of this Agreement. 8. RELEASE OF LIEN. Upon satisfactory completion o1' thc Agreement requirements and fifteen (15) years after the date of issuance of the certilicatc of occupancy, or upon payment of tile waived impact fees, the COUNTY shall, at tile expense of the COUNTY, record any necessary documentation evidencing the temlination of the lien, including, but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall bc binding upon tile parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In tile case of sale or transfer by gift ofthe Dwelling Unit, the original OWNER shall remain liable for the impact fees waived until said impact fees are paid in fi~ll or until tile conditions set forth ill tile Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with thc land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 arc satist'icd. 10. RECORDING. This Agreement shall be recorded by OWNER at tile expense of OWNER in the Official Records of Collier County, Florida, within fifteen (15) days allcr execution of this Agreement by thc Chairman of the Board of County Commissioners. (2223 1 I. DEFAULT. OWNER shall be in default of this Agreement (I) where OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance and thereafter Ihils to pay tile impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates one o1' the affordable housing qualification criteria in the hnpact Fee Ordinance tbr a period of fifteen (15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property Fail Io comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in Full bv OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact fccs waived shall constitute a lien on thc Dwelling Unit commencing on thc effective date ol' this Agreement and continuing for fiftccn (I 5) years from thc date of issuance of tile ccrtificatc o1' occupancy or until repaid. Such lien shall be superior and paramount lo thc interest itl thc Dwelling Unit o1' any owner, lessee, tenant, mortgagee, or other person except thc lien for Cotinty taxes and shall be on parity with the lien of any such County taxes. Should the OWNER bc in del'ault of this Agreement and the default is not cured within (30) days after written notice to OWNER, the Board may bring a civil action to enforce this agreement, ltl addition, thc lien nlay be Ibrccloscd or otherwise enforced by the COUNTY by action or suit in equity as for thc foreclosure of a mortgage on real property. This remedy is cumulative with any other right or remedy available to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys fees, incurred by tile Board in enforcing this agreement, pitts interest at thc statutory rate For judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. OWNERS: HABITAT FOR HUMANITY OF COLLIER'COUNTY. IN('. :~. ' ~harles C. S'mitl'~. v, ice Prcsident'~ - 4 - o ATTEST:' DWIGHT E. BROCK, Clerk Approved as to Form and legal sufficiency He~d~ F. Ashton Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Barb~a B. ~-~r~y', (:l~,na,' ~ STATE OF Florida, ) COUNTY OF Collier ) The foregoing instrument was acknowledged before me this ~ day of ~/,,,. ~ .1998 by Charles C. Smith, Vice President of Habitat for Humanity of Collicr County, Inc. He i~crsonally known to me. [NOTARIAL SEAL] Signa,.tu~ of Person Taking Acknowledgr~ent Name of Acknowledger Typed, Printed' or Stamped jd/gn~c/naples manor lakes:agree - 5 - 16A?m EXIlIBIT I,EGAL DESCRIPTION LOT 2 OF BLOCK 8, NAPLES MANOR ANNEX, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT 1. AT PAGE 110, OF THE PUBLIC RECORDS OF COI.I.IER FLORIDA. - 6 - ANNEX I SO . " ION NO. 2°5 I 6 ? RESOLUTION OF TIlE BOARD OF COUNTY COMMISSIONliRS. ¢'OI.I.IER COUNTY. FLORIDA. AUTIIORIZING WAIVER OF REGIONAl, WATF. R SYSTF, M IMPACT FEES. RE(iIONAL SF, WER SYSTEM IMPA(.'I' FEES. LIBRARY SYSTEM IMPACT FEES. PARKS AND RE('REATI()NAI, FA( ILITIES IMPACT FEF~S. ROAD IMI'A(~'I' FEES. EMERGENCY MEI)ICAI, SERVICES IMPACT FEES AND EDUCATIONAL FA('IIATIF, S SYSTliM IMPACT FEES FOR ONE IIOUSE TO BE CONSTRUCTED BY IIABITAT F¢)R IIUMANITY OF COLLIER COUNTY. IN('.. ON LOT Ig. BI,O('K ~. NAI'I.ES MANOR ANNEX. COLLIER COlIN'FY. FI,ORII)A. WIIF, I,',EAS. Colher County has recognized and attempted to address thc lack of adequate and affordable housing for moderate, low. and very-low income households in the ('ounty and Ihe aced for creative :md innovative programs to ass(st m Iht provision of such housing by including several provisions m thc ('oilier ('ounty Growth Management Plan. including: objective 1.4. policy 1.4.1: objective 1.5. policy 1.5.2. pohcy 1.5.3. policy 1.5.4. policy 1.5.5. policy 1.5.6; objective 1.6. policy 1.6.3: objective 2.1, policy 2.I.I. pohcy 2.1.2. p, ltcy 2.1.3. policy 2.1.5, and policy 2.1.6 of the Ilousing Elemenl: and WI1EREAS. ('oilier County has received funding purst,ant to the State IIot,smg lntttal~,,'es Partnership Program set forth in Section 420,907 et. seq.. Florida Statutes and Chapter 91-37. Florida Admmtstratn'e ('ode: and WHEREAS. in accordance with Collier (.'ounty Ordinance No. 93-19. Iht (.'ounty ~s ;tt,thorizcd to use funding from the State t{ousing Initiatives Partnership [SI{IPJ Program tbr ,.'a~vcrs of ('oilier ('ounty impact l;:cs; and WtlEREAS. tlabttat for llumanity of Colhcr County. Inc. is seeking a wan'er of Impact fees: and WHEREAS. llabltat tbr l[umanity of Collier County. Inc. will construct one (1} three-bedroom unit (the "Dwelling Unit") on Lot 18. Block 8 Naples Manor Annex which is proposed to sell for Forty-Six Thousand Five Hundred Dollars ($46.500.00}: and WttEREAS. the Dwelling Unit will be purchased by a very lox,,' income hnuschold which is required to Invest a minimum of five hundred (500) hours of"gweat Equity" belbre ~t obtains title to thc house: and WIIEREAS. Sir. Charles C. Smith. Vice President of IIabitat for llum.'mtty of (.'oilier Cot,nty. Inc., submitted to the Office of l lousing and Urban Improvement an Afli~rdable }hmsmg Application daled April 27. 1998 for a waiver of impact fees for the construction of a house on Lot 18. Block 8 Naples Manor Annex. a copy of said application is on file m the }lousing and Urban Improvement Department: and WIIEREAS. tn accc, rdance with Section 3.04 of the Regional Water System Impact Fee Ordinance. Ord,nance No. 90-86. as amended: Section 3.04 of the Regional Sewer Syslcm Impact Fcc ¢ )rdm;tr, ce. Ordinance No. 90-87. as amended: Section 3.04 of the Library System Impact Fee Ordln:n',ce. f)rdmancc No. 88-97. as amended: Section -,t.05 of thc Parks and Recreational Facilities Impact Fee (.)rdin:mcc, Ordinance No. 88-96, as amended: Section 3.04 of the Road Impact Fee Ordinance. Ordinance No. 92-22. as amended: Section 3.05 of the Emergency Medical Services System Impact Fee Ordinance. Ordinance No. 91-71. as amended: and Section 3.05 of the Educational I:acfitl~c~, System Impact Fee Ordinance. Orthnancc No. 92-33. az amended: an applic:mt may obtain a waiver of impact fees by qualifying for a watver; and - 1 16A?m-, WIIER£AS. Habitat for Humani~ offollicr County. Inc. has qualified {'or an Impact I'~c waiver h-',~d upon the following representations made by Habitat for Ilumamty of Collier County. Inc.: A. The Dwelling Unit shah be ~old to a first-time home buyer. B. The Dwelling Unit shall be sold to a household with a very, Iow income level as that term is defined in the Appendices to the respective Impact Fee Ordinances anti thc monthly payment to purchase the umt must be within the affordable housing gutdehnes estabhshcd m thc Appendices to the respective Impact Fee Ordinances. C. The Dwelling Unit shall be the Homestead of the owner. D. The Dwelling Unit shall remain affordable for fifteen (15) years from the date the certificate of occupancy is issued. NOW THEREFORE. BE IT RESOLVEI) BY TIlE BOARD OF COUNTY ('¢)MMISSIONERS OF COLLIER COUNTY. FLORIDA, that: 1. 'Ibc Board of County Commissioners hereby authorizes thc ('ounty Manager to issue an Authorization for waiver of impact fees to I [abitat for I [umanity ~i' t'olhcr t. %,nty. Inc. {'or one ( I ) house which shall be constructed on Block 8. Lot 18 Naples Manor Annex. Collier Cot, nty. Florida. 2. Upon receipt by the Housing and Urban improvement Director of an agreement for waiver of impact fees signed by I labitat for l lumanity of ('oilier County. [nc.. and/or thc purchaser, or olhcr documemat~on acceptable to thc County Allorncy. Ibc Board of ('ounty ('omn'ussioncrs hereby authorizes the payment by Collier County oftbe {bllowing impact fees from thc Affordable I lousing Trust Fund. Fund (191). in thc following amounts Ibr thc one ([) house to be built on Bkx:k 8. Lot 18 Naples Manor Annex by ltabitat for Humanity of Collier County. Inc.: A. Library Impact Fee $ 180.52 B. Road Impact Fee 1.379.00 C. Parks and Recreational Facilities Impact Fee: ( 1 ) Community Parks 399.00 (2) Regional Parks 179.00 D. EMS Impact Fee I,.LO0 F.. Educational Facihties System Impact Fee 1.77~.O0 F. Water Impact Fcc G. ,Sewer Impact Fcc TOTAL IMPACT FEES $6,169.$2 3. Thc payment of impact fees by Collier County is subjec~ to the cxeculum and recordation of an agreement for waiver of Collier County Impact Fees between th,,: property owner and/or purchaser and the County. This Resolution adopted after motion, second and majority vote favoring same. ATTEST: DWIGHT E. BROCK. Clerk · ? Attest as ~o Chairman's s tgnai:uro onl.~. Approved as to form and legal sufficiency: tleidi F. Ashton Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Barb~ B: Ber~,~ jd/c~aples Manor Annex reso - 3 - EXHIBIT LEGAl. DESCRIPTION BLOCK 8, LOT 18, NAPLES MANOR ANNEX, ACCORDIN(i TO TIlE PLAT BOOK TI{EREOF. AS RECORDED IN I'LAT BOOK 1. AT PAGE 110, OF TIlE PUBLIC RECORDS OF COLI.IER ('OUNTY FLORIDA. - 4 - - .~HOLT. Z AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACt FEES This Agreement for the \Vaiver of Impact Fees entered into this~a,Y'day of,~d__ 1998, by and between the Board of County Commissioners of Collier County. Florida. hereinafter referred to as "COUNTY" and Habitat for Humanity of Collier County. Inc.. hereinafter referred to as "OWNER." WITNESSETH: WHEREAS, Collier County Ordinance No. 90-86, as amended, the Collier County Regional Water System Impact Fee Ordinance; Collier County Ordinance No. 90-87, as amended, the Collier County Regional Sewer System Impact Fcc Ordinance: Collier (?ounty Ordinance No. 88-97, as amended, the Collier County Library System Impact Fcc Ordinance; Collier County Ordinance No. 88-96, as amended, the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier Cotmtv. Ordinance No. 91-71. as amended, the Collier County Emergency Medical Services System Impact Fee Ordinance: Collier County Ordinance No. 92-22, as amended, the Collier County Road Impact Fee Ordinance; and Collier County Ordinance No. 92-33, as amended, the Collier County Educational Facilities System hnpact Fcc Ordinance, as they may be further amended from time to time hereinafter collectively referred to as "Impact Fee Ordinance", provide for waivers ofimpact fees for nc,,,,, owner-occupied dwelling unit qualifying as affordable housing; and \VHEREAS, OWNER has applied for a waiver of impact fees as required by the Impact Fee Ordinance, a copy of said application being on file in the office of Housing and Urban I p t; 1 in rovcmcn ant WHEREAS, the County Administrator or his designee has reviewed thc OWNER's application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and - 1 - WHEREAS. the COUNTY approved a waiver of impact fees for OWNER embodied2n ~ Resolution No. 98- ~d'.5"' at its regular meeting o .f.,...~_'~"~ ~ ~.~_~ .1998: and WHEREAS. the Impact Fee Ordinance requires that the OWNER enter into an Agreement with tile COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parlies covenant and agree as follows: I. RECITALS INCORPORATED. The foregoing recitals are tree and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit {the "Dwelling Unit") and site plan are attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordance with the standards set forlh in tile appendices to thc Impact Fee Ordinance for a period of fifteen (15) years commencing from thc date thc cerlificalc of occupancy is issued for the Dwelling Unit. 4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the following: o a. The Dwelling Unit shall be sold to a household with a ,.'cry Iow income as ' defined in the appendices to tile Impact Fee Ordinance anti his/her co monthly payments to purchase the Dwelling Unit shall be within tile '-~ affordable housing guidelines established in tile appendices to tile Impact Fcc Ordinance; b. The Dwelling Unit shall be sold to a first-time home buyer; c. Tile Dwelling Unit shall be the homestead ofowncr; d. lhe Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and e. OWNER is the owner of record of the Dwelling Unit and owes in, pact fees in the total amount of $6,169.52 pursuant to tile Impact Fee - 2 - ............ III f ........... II .... OWNER covenants and agre. es to comply with the aftbrdable housing impact fee waiver qualification criteria detailed in the hnpact Fee Ordinance. 5. SUBSEQUENT TRANSFER. lfOWNER sells the Dx~'clling Unit subject to thc impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to b. ouseholds meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized affordable housing for a fifteen (15) year period ;trier tile date tile ccrtilicatc of occt, pancy is issued; and if tile Dwelling Unit ceases to be utilized for that purpose dr, ring such period, the impact fees shall be immediately repaid to the COUNTY. 7. LIEN. The waived impact fees shall be a lien upon thc Dwelling Unit on tile effective date of this Agreement; which lien may be foreclosed upon in thc event of non-compliance with the requirements of this Agreement. 8. RELEASE OF LIEN. Upon satisfactoD, completion of thc Agreement requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or upon payment of tile waived impact fees, the COUNTY shall, at the expense of the COUNTY, record any necessary documentation evidencing the termination of the lien, including, but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall be binding upon thc parlics to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived until said impact fees are paid in full or until tile conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall mn with thc land and shall remain a lien against the Dwelling Unit until tile provisions of Section 8 arc satislied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida, within fifteen (15) days after execution of this Agreement by the Chairman of the Board of County Commissioners. - 3 - 11. DEFAULT. OWNER shah be in default of this Agreement (1) where OWNER fails to sel~ thc Dwelling Unit in accordance with the affordable housing standards and quafi~cafion crhcria cs~nbfished ~n ~hc ~mpac~ Eec Ordinance and fi~crca~c~ fa~s impact Mes due within thimy (30) days of said non-compliance, or (2) where O~VNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after notice ofthe violation. 12. REMEDIES. Should the OWNER of thc property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within thimy (30) days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on thc Dwelling Unit commencing on the effective date of this Agreement and continuing ~or fifteen (15) yea~ from the date of issuance of the ccaificatc of occupancy or unlil repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other pemon except the lien for County taxes and shall be on parity with the lien of any such County taxes. Shoukl the OWNER be in default of this Agreement and the default is not cured within (30) days after written notice Board may bring a civil action to enforce this agreement. In addition, tt~c lien may be foreclosed or othemvise enforced by the COUNTY by action or suit in equity as for thc tbreclosure of a mortgage on real property. This remedy is cumulative with any other right or remedy available to the COUNTY. The Board shall be entitled to recover all fees and costs, including atlomcys fees, incu~ed by the Board in enforcing this agreement, plus interest at the statutow rate for judgments calculated on a calendar day basis until paid. IN WITNESS ~EREOF, the panics have executed this Agreement for Waiver of Impact Fees on the date and year first above written. OWNERS: HABITAT FOR HUMANITY OF COLLIER COUNTY. INC. - 4 - DATED: ~//~,-~/~ ? ATTEST: DWIGHT E. BROCK, Clerk Approved as to fom~ and legal sufficiency t,I I ,~i ' . ,- He'i'-dl F:-,k,~ht'on ; Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA Bar'l~ra ~.-B'c}ry, C-~irmakm:~ STATE OF Florida ) COUNTY OF Collier ) The foregoing instrument was acknowledged before me this /'~ day of /~7 e,, . ,1998 by Charles C. Smith, Vice President of Habitat for Humanity of Collier County. Inc. He~-s personally known to me. [NOTARIAL SEAL] Signature of Person Taking Ackno~edgment Name of Acknowledger T~ed, Printed6r Stamped jd/gnVc/naples manor lakes'agree - 5 - EXHIBIT LEGAL DESCRIPTION LO'F 18 OF BLOCK 8, NAPLES MANOR ANNEX, AC('ORDINt'; TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BO()K 1, AT PAGE 110, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. - 6 - RESOi.,;'IION 1 6A ? RES()I.tT'I'ION OF TIlE BOARD OF COUNTY ('()MMISSI()NI..I,tS. t't)I.I.II:R ('Ot;N'I'Y. FLORIDA. AUTIIORIZIN(i WAIVER OF RE(iI()NAI. WA'I'ER SYSTF. M IMPACt FEES, RE(iIONAI. SF. WER SYSTI.~M IMPA('I' !:1(1.2,;. I.IBRARY SYSTEM IMI'AUi' FEES. PARKS AND RE('RliA'I'I¢)NAI. FA('II.ITIF. S IMPACT FEES, ROAD IMPA¢'T FEES, EMER(iI:N('Y MI:DIe'Al. SERVI{.'I:S IMI'AC'F FEES AND EDU('ATI¢)NAI. FA¢'II.ITIF. S .'qYS'IF.M IMPA(-[ FF.F.S FOR ONE I lOUSE TO llli ('¢)NSIRU(~I lid Ill' I IABI'I'A'I Ft)R IIUMANITY OF ('OLLIER COIINTY. IN{''.. ON 1.O'[ I'). III.(){'K g. NAI'I.hS MAN¢)R ANNEX, COLI.IER C()UNTY. FI.ORII)A. WIIEREAS. ('olher County has recognized and atlempted to address the lack .f adequate anti affimlable housing for moderate. Imv. and ve~.low income households m Ihe ('ounly and lhe need fi~r creative and mnoval~ve pro,ams to assist m ~hc provision of such housing by including several pr{~v~smns m the ('olher ('ounty (imwlh Management Plan. including: objective 1,4. ~flicy 1.4.1: object,ye 1.5, pohcy 1.5.2, pohcy 1.5.3. policy 1.5.4. policy 1.5.5. policy 1.5.6: o~jcclivc 1.6. policy 1.63: obJeCtive 2.1. pohcy 2.1.1. p~fi~cy 2.1.2. pohcy 2.1.3, ~fiicy 2.1.5. and policy 2.1.6 of ~he l lodsing Elcmenl: and WtlEREAS. C'olhcr County has reconvert Ihnding purstlanI to thc Slate Ilousmg Inmanvcs Parlncrship Program set Ib~h in Seclmn 420.907 et. seq.. Florida Statutes and Chapter 91-37. Flor~da Adminlslrativc ('ode: anti WItEREAS. in accordance with Collier County Ordinance No. 93-ltl thc Cmmty ~s auflmnzcd lo usc funding from thc State I tousing Initiatives Pa~nership [SitIP] Program for waivers of ('oilier ('ounty impact Ikcs: and WI1EREAS. I lab~lat tbr Humanity of Collier Coumy. Inc. ~ seeking a a'mvcr of tmpact lkes: anti WttEREAS. [lab~tat for Humanity of Colhcr County..Inc. will construct one ( 1 ) three-bedroom uml (thc "Dwelling Unit") on Lot 19. Block 8 Naples Manor Annex which is proposed lo sell fi~r I:orly-Six 'l~ousand I:ivc tlundrcd Dollars (546.500.00); and WlIEREAS. thc Dwelling Unit will be purchased by a ve~ Iow income housch.ld which ~s rcqmrcd to revest a mlnmmum ol' tire hundred (500) hours of"Sweat Equmly" ~forc it oblmn~ lille lo thc hotlsc; and WItEREAS. Mr. ('harles ('. Smith. Vtcc Prcstdent of llabitat fi)r Ihmmmty ol ('olhcr ('ounly. Inc., submmcd to thc Office o1' tlousmg and t'rban Improvement an Affi)rdable Ihmsmg Apphcatmn dated April 27, 1998 for a wmver of Itllpacl l~es fi)r Iht constructmn oFa house tm [.or 19. Block ~ Naples Manor Annex. a copy of said apphcamm ~s on file In thc lhmsing and 17than Improvement I)cpartmcnt: and WIIEREAS. m accordance with Scctmn 3.04 of I})c Regional Water Syslcm Impact Fcc Onhnancc. Ordinance No. 90-86, as amended: Scctmn 3.04 of thc Rcgmnal Sewer System Impact Fcc ()rdmancc. ()rdinance No. 90-87. as amemted: Sccnon 3.04 o1' Ibc [.thrary System Impact Fcc ()rdmancc. ()rdmancc No. 88-97. as amended: Scclmn 4,05 of the Parks and Rccrcammal l:acfltl~es Impact Fcc ~ )rdmance. I }rdmancc No. 88-96. as amended: Scctmn 3.0a of thc Road Impact Fcc ()rdtnancc. ()rdmancc No. 92-22. as amended: Section 3.05 o1' the Emergency Medmal Services System Impact Fee ()rdinance. ()rdmance No. 91-71. as amcmled; ami Section 3.05 of the Educational l:acfimes System Impact Fcc Ordinance. Ordinance No. {~2-33. as amended: an apphcant may obtain a waiver of m~pact tkcs hy qualit3'mg lbr a wmvcr: and 6A7 WIIEREAS. I labitat for l lumanity of Collicr County. Inc. has qualified for an inlpacl IY-c xx ar.'er based upon the following representations made by llabitat for Iltsmanity oFColhcr ('ounly. Inc.: A. Thc Dv.'elhng Unit shall Ix' sold to a first-time home buyer. B. T't.e Dwelling Unit shall be sold to a household wilh a '.'cD' Iow income level as that term is defined in thc Appendices to the rcspcclivc Impact Fcc ()nlinanccs anti thc monthly payment to purchase thc unit must be within the affordable housing guidelines established m thc Appendices lO thc rcspecuvc Impact Fee Ordinances. C. The Dwelling Unit shall be the llomestead ol' the ox.mcr. D. The I)welling Unit shall remain affordable for fifteen (15) years from thc date the ccrlificate of occupancy is issued. NOW TIlEREFORE, BE IT RESOI.VF.I) BY TIIF, BOARI) OF Ct)UN'fY ('()MMISSIONERS OF COLLIER COUNq-Y. FI.ORIDA, that: 1. Thc Board of ('ount.v ('omnUssioncrs hereby attthorizcs the ('Otlllty Manager to issue an ,,\uthorl/atton for v, aivcr of mlpact fees to I labltat for I lumantly of ('olher ('m~nty. Inc. for one (I) house x,.h:ch shall bc constructed on l.ot 19. [Hock $ Naples Manor Annex. ('oilier ('ounty. Florida. 2. Upon receipt by the Ilousing and Urban Improvement Director of an agreement for waiver of impact fees signed by tlabitat for I{umanity of Collier County. Inc.. and;or the purchaser, or other documentation acceplable to the County Attorney. the Board of ('ounty ('onmussloners hereby at]thor,/cs the payment by Collier County of thc following ~mpact fees t¥om thc Affordablc l lousing Trust [:und. Fund (191), m thc fi)Ih)wing amounts for thc one {1) house to bc built on l.ot 19. Bh)ck ,R Naplc,, Manor Annex by Habitat fur l lumantly of Colher Cot, nty. Inc.: A. l,lbrary Impact Fee S 180.52 B. Road Impact Fee 1.379.00 C. Parks and Recreational Facilities Impact Fee: t I ) Community Parks 399.00 {2) Regional Parks 179.0o I). IiMS Impact Fcc E. Educational Facilities System Impact Fee 1.77s.t)t) F, \\'ater Impact Fee 900.0¢) G. .";c~ er Impact Fcc 5,1..340,0o Tf)TAL IMPACT FEES 56,169.52 3. The payment of impact tees by ('oilier ('ounty is subject Io thc cxccumm and rccordamm of an agreement for waiver oF Collier Cmmty lmpacl ]:ecs between the properly owner and,'or purchaser and the County'. - 2 - This Resolution adopted aRet motion, second and majority vote ravorinl; same. 16A/ t,^TED: ATTEST: DWIGHT E. BROCK. Clerk '7 'aFes.t as to s~gnacure only. Approved as to fo~ and legal su~cicncy: BOARD OF COUNTY COMMISSIONERS COI,I.IER COU'NTY. FI.ORIDA Barb~a B. ~-rry: jcl/ct'Naples Manor Annex/reso - 3 - 16A7 EXHIBIT LEGAL DESCRIPTION BLOCK 8, LOT 18, NAPLES MANOR ANNEX, ACCORDIN(; TO THE PLAT BOOK TttEREOF. AS RECORDED IN PI.AT BOOK 1. AT PAGE 1 I0. OF TIlE PUBLIC RECORDS OF ('OI.LIER COl IN'FY FLORIDA. - 4 - ANNEX ___ · ~ ~ ~ _. · ~ _ .. . ~ . ~' ~,s~,~ :1 ~, i,,~ J.- ~ .. l~--~-~-~-~~~ ..... ~.~ ........... ~.._~-.-,-~. -~-- - '~ ' ~ t .......,,., , ~ i .._ ....Z...,.,.~..~;,~...~..~...~ "~~.~ . -. '... :~ ..... ~-~ ;~ = ~ ~; ~-' -- ~ ,........~~~r-.~ .~.!.-!.~l,F,?;? ~f.....- ' "~ ' ~'~ ~ ~ ~ I- ~ '~ '~ ~ '~ / '/ ~ ' i / -- ! I ~ ~ ~ ! i AGREEMENT FOR WAIVER OF COLI.,IER COUNTY IMPACT FEES 16A7m{ This Agreement for the Waiver of Impact Fees entered into this'~_.,~]a> of ~ 1998. by t, nd between the Board of County Commissioners of Collier County, Florida, hereinafter roi'erred to .-, .-., ,.., as "COUNTY" and Habitat for Humanity of Collier County, Inc.. hereinafter referred to ils ~ ,-'~, '-' "O~VNER." WITNESS.ETH: WHEREAS, Collier County Ordinance No. 90-86, as amended, thc Collier Cout~ty "' Regional Water System Impact Fee Ordinance; Collier County Ordinance No. 90-87, as amended, the Collier County Regional Sewer System Impact Fcc Ordinance: ('oilier County Ordinance No. 88-97, as amended, the Collier County Library System Impo, ct Fcc Ordinance;,.-' ,.. g c.oc"" Collier County Ordinance No. 88-96, as amended, the Collier County Parks and Recreational ~"~ Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71. as amended, thc Collier Count>' Emergency Medical Sen'ices System Impact Fee Ordinance: Collier County Ordinance No. 92-22, as ,-mendcd, the Collier County Road Impact Fee Ordinance; and Collier County Ordinance No. 92-33, as amended, the Collier County Educational Facilities System Impact Fcc Ordinance. as thc>, may be further amended from time to time hereinafter collectively referred to as "Impact Fee Ordinance", provide for waivers of impact fees for nc,,,,' owner-occupied dwelling unit qualifying as affordable housing; and WHEREAS, OWNER has applicd for a waiver of impact fees ;ts required by thc Impact ,-, Fee Ordinance. a copy of said application being on file in the office of tlousing and Urban Improx cment; and ' WHEREAS. thc County Administrator or his designee h;,s reviewed thc OWNER's application and }las found that it complies with thc requirements for an affcmlablc hot,sing waiver of impact fees as established in the Impact Fcc Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of thc requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and - 1 - WHEREAS, thc COUNTY approved a wah;er of impact fees for OWNER embodied in Resolution No. 98-,/~ ? at its regular meeting of ~/zz . ~ ,1998; and WHEREAS. the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. Thc legal description of the dwelling unit (the "Dwelling Unit") and site plan are attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordance with the standards set forth in thc appendices to the Impact Fee Ordinance for a period of fifteen (15) years commencing from thc date the certificate ofoccupancy is issued for the Dwelling Unit. o following: REPRESENTATIONS AND WARRANTIES. OWNER represents and wammts thc Thc Dwelling Unit si'tall be sold to a household with avcry Iow inconlc as defined in the appendices to the Impact Fee Ordinance and his/her monthly payments to purchase the Dwelling Unit shall be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; The Dwelling Unit shall be sold to a first-time home buyer; Thc Dwelling Unit shall be the homestead of owner: The Dwelling Unit shall remain as affordable housing for fifteen {15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and OWNER is the owner of record of thc Dwelling Unit and owes impact fees in the total amount of $6,169.52 pursuant to tl~c Impact Fee - 2 - 16 7 Ordinance. In return for the waiver of the impact fees owed by OWNER, OWNER covenants and agrees to comply with Ihe affordable housing impact fee waiver qualification criteria detailed in the Impact Fcc Ordinance. 5. SUBSEQUENT T~NSFER. If oWNER sells the Dwelling Unit subject to the impact fcc waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting thc criteria set fonh in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the ccnificatc of occupancy is issued: and ~f the Dwelling Unit ceases to be utilized for that pu~osc during such period, thc impact fees shall be immediately repaid to the COUNTY. 7. LIEN. The waived impact fees shall be a lien upon thc Dwelling Unit on thc effective date of this Agreement; which lien may be foreclosed upon in thc event of non-compliance with thc requirements of this Agreement. 8. RELEASE OF LIEN. Upon satisfacto~ completion o~' thc Agreement requirements and fifteen (15) years after the date of issuance of the ccnificatc of occupancy, or upon payment of thc waived impact fees, the COUNTY shall, at thc expense of thc COUNTY, record any necessa~ documentation evidencing the te~ination of thc lien, including, but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall be binding upon thc panics to Agreement and their respective heirs, personal representatives, successors and assigns. In thc case o~sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable thc impact fees xvaivcd until said impact fees arc paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. lO. RECORDING. This Agreement shall be recorded by OWNER at thc expense of O~ER in the Official Records of Collier County, Florida, within fifteen (15) days after execution of this Agreement by the Chai~an of the Board of County Commissioners. - 3 - 16A? i I. DEFAULT. OWNER shall be in default of this Agreement (I) where OWNER fails to sell tile Dwclling Unit in accordance with the affordable housing standards and qualification criteria established in tile Impact Fcc Ordinance and thereafter Ihils to pay Ihe impact fees duc witllin thirty (30) days of said non-compliance, or (2) where O\VNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance lbr a period of fifteen (15) days after notice of thc violatio,z 12. REMEDIES. Should the OWNER of tile property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or silould OWNER violate any provisions of this Agreement, the impact fees waived shall be paid iu full by OWNER within thirty (30) days of said non-compliance, owNER agrees that tile impact fees waived shall constitute a lien on thc Dwelling Unit commencing on tile effective date oF this Agreement and continuing for fifteen (15) years from tile date of issuance of tile certificate of ~ccupancy or t,ntil repaid. Such lien shall be superior and paramot, nt to tile interest itl the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except thc lien for County taxes and shall be on parity with tile lien of any Stlch County taxes. Should tile OWNER bc in dcthult of this Agreement and tile default is not cured within (30) days after written notice to OWNER. thc Board may bring a civil action to enlbrce this agreement. In addition, tile lien may be Ibreclosed or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a mortgage on real property. This remedy is cumulative with any other right or remedy available to the COUNTY. The Board shall be entitled to recover all fees and costs, inclt, ding attorneys fees. incurred by the Board in enforcing this agreement, plus interest at the slalulory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of lin ~act Fees on tile date and year first above written. OWNERS: ,' (~fid'rles C. Smflh. V~ce Prestdent - 4 - ATTEST: DWIGHT E. BROCK, Clerk At,est as to Chafrman'$ signature only. Approved as to form and legal sufficiency Heidi F. Ashton Assistant County Attorney 16A7m BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA Bar'l~a B. Bet:ry., (~a'lrman ', STATE OF Florida ) COUNTY OF Collier ) The foregoing instrument was acknowledged before me this /,) day of ~'/'//~, -t , i 998 by Charles C. Smith, Vice President of Habitat for Humanity of Collier County, Inc. Hffis personally known to me. [NOTARIAL SEAL] Sign~"of Pe~on Taking Acknowledgment Name of Ac~o~~ed jr/gm/c/naples manor lakes/agree - 5 - 16A7m! EXIIIBIT "A" I,E(;AI, I)ESCRII'TION LOT 19 OF BLOCK 8, NAPLES MANOR ANNEX, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 1, AT PAGE 110, OF TIlE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. - 6 - RliS¢)I.IYI'ION NO. 9~. 207 RF. SOI.I;'I'ION OF TIIE BOARD OF ('OUNTY ('OMMISSI(')NI.;RS. ('~)I.I.II'.R ('Ot;NTY. FI.ORIDA. AIITII()RIZIN(i WAIVER ()1: RI'XiI()NAI. W,,\'II!R SYSTI£M IMPACT FEES. REGIONAl. SEWER SYSTF. M IMI'A('I' FF.I.~S. I.IBRARY SYSTEM IMPAC'F FEES. PARKS AND RI'.'('RF. ATI()NAI. FA(ILITIES IMPACT FEES, ROAD IMPACT FEES, EMERGEN('Y MI:I)I('AI. SERVICF. S IMPACT FEES AND EDUCATIONAl, FA('II,ITIF. S SYSTliM IMPACT FEES FOR ONE IIOUSE 'FO lilt ('ONS'FRU('TEI) BY IIABI'IA'I F()P, tlUMANITY OF COLLIER COUNTY, INC.. ON IX)T 16. BI.()('K 9. NAI'I.liS MANOR ANNEX, ('OLI.IER. ('OUNTY, FLORIDA. WIIEREAS. ('oilier County has rccogmzcd and attcmplcd lc, address thc I:,ck ,,I adcquale and affordable housing for moderate. Im~. and veo'-Iow income households m the County and the need fi~r cream'e and innovative programs ~o assist m thc provision of such housing by including several provismns m the ('oilier County Growlh Management Plan. including: objective 1.4, policy 1.4.1; objective 1.5. pohcy 1.5.2. pobcy 1.5.3. policy 1.5.4, policy 1.5.5. policy 1.5.6; objective 1.6, policy 1.6.3; obJective 2.1. policy 2.1.1. pohcy 2.1.2. policy 2.1.3. policy 2.1.5. and policy 2.1.6 of thc Ilousing Element; and WItEREAS. ('oilier Count,,,' has rcccwcd fundtng pursuanl to thc Stale Ih,ustnt~ Inmanvcs I'arlncrsh~p Program scl forth in Scctmn 420.907 et. seq., Flortda Statutes and Chapter 91-37. Florida :\dmlmstratwc ('~lc: and WIIEREAS. in accordance with ('oilier ('ounty Ordinance No. 93-19. thc ('otmty ts authorized to use funding from thc State tfousing Initiatives Partnership [SIIlP] Program for aatvers of ('olhcr {'ounty tmpact fees; and WHEREAS. tlab~tat for l lumanity of ('olbcr ('ounty. Inc. is seeking a wap,'cr ~1' m~pact I'ccs: anti WttEREAS. Ilabttat for Ilumanity of ('olher ('ot,nty. Inc. will construct one (I) three-bedroom uml (thc "Dwelling Unit"l on Lot 16. Block 9 Naples Manor Annex v.:hich is proposed to sell i%r Forty-Six Thousand Five Hundred Dollars ($46.500.00): and WHEREAS. the Dwelling Unit will be purchased by a very. low income household which is required to invest a minimum of five hundred {500) hours of"Sweat F. qulty" before it obtains title to the house: and WHEREAS. Mr. Charles C. Smith. Vice Presldcnt of Ilab~tat for llumamty of ('olhcr County. Inc,. submitted to the ()fficc of Ilouslng and Urban Improvement an Affordable Ilousmg Apphcamm dated April 27. 1998 for a war;er of ~mpact fees for the constructmn of a house on I.ot 16. Block 9 Naples Manor Annex. a copy of said application ~s on file in the Ilousing and Urban Improvement Department: and WIIEREAS. m accordance with Secm)n 3.04 of the Regmnal Water System Impact Fcc Ordinance. Ordinance No. 90-86. as amended: Section 3.04 .f thc Regmnal Sewer System Impact Fcc ()rdmancc . ()rdinancc No. 90-87. as amended: Section 3.04 of the l.d~raD' System Impact Fcc Ordinance. eJrdmancc No. 88-97. as amended: Sectmn 4.05 of the Parks and Recreational Famhties Impact Fee Ordinance. {)rdmance No. 88-96. as amended; Section 3.04 of lhe Road Impact Fee Ordinance, Ordinance No. 92-22. as amended: Section 3.05 of the Emergency Medical Serx:ces System Impact Fee Ordinance. Ordinance No. 91-71. as amended: and Section 3.05 of the Educational l:acllitics System Impact Fee Ordinance. Ordinance No. 92-33. as amended: an applicant ma:,' obtain a waiver of impact fees by qualil~'ing for a waiver: and - 1 - WIIEREAS. Habitat for llumanity of Collier County, Inc. has qualified for an {mpact fee waiver based upon the following representations made by ttabitat for tlumanity of Collier County. Inc.: A. The Dwelling Unit shall be sold to a first-time home buyer. B. The Dwelling Unit shall be sold to a household with a very Iow income level as that term is defined in the Appendices to the respective Impact Fee Ordinances and thc monthly payment to purchase Iht unit must be within the affordable housing guidelines established in the Appendices to the respective Impact Fee Ordinances. C. The Dwelling Unit shall be the Homestead of the owner. D. The Dwelling Unit shall remain affordable for fifteen (15) years from the date the certificate of occupancy is issued. NOW THEREFORE, BE IT RESOLVED BY TIlE BOARD OF COIiNTY ('OMMISSIONERS OF COLLIER COUNT,,'. FLORIDA. that: 1. The Board of County Commissioners hereby authorizes thc ('ountv Manager to issue an Authorization for waiver of impact fees to Habitat for [lumanity of ('oilier ('ounty. Inc. for one ( I ) house which shall be constmclcd on Block 9. [.or 16 Naples Manor Annex. ('olIier ('ounty. Florida. 2. Upon receipt by the ttousing and Urban Improvement Director of an agreement fi)r waiver of impact fees signed by Habitat for Humanity of Collier County. Inc.. ami/or the purchaser, or other documentation acceptable to the County Attorney. the Board of ('ounly Uommlssioncrs hereby authorizes thc payment by Collier County of thc following impact fees from thc Affordable lhmsing Trust Fund. Fund (191). in the lbllowing amounts for thc one 111 house to be built on Block 9. I.ot 16 Naples Manor Annex by Ilabitat for tlumanity of Collier County. Inc.: A. Library Impact Fee $ 180.52 B. Road Impact Fee 1.379.00 C. Parks and Recreational Facilities Impact Fee: ( l ) Community Parks 399.00 12) Regional Parks 179.00 D. EMS Impact Fee 14.00 E. I£ducational Facilities System Impact Fee 1.778.o0 F. Water Impact Fee 900.00 G. Sewer Impact Fee $1.340,{)1) TOTAl. IMPACT FEES $6369.52 3. Thc payment of impact fees by ('ollicr County is subject to Ibc excctttion and recordalton of an agreement for waiver of (.'oilier County Impact Fees between Ibc property owner and/or purchaser and the County. This Resolulion adopted after motion, second and majority ,,'otc favonng .,,amc. ATTEST: DWIGHT E. BROCK. Clerk' ~ttest ~s to Ctialrman's 's~gnature onl$. Approved as to Form and le§al su~%Jcncy: lleidi F. Ashton Assistant Count' Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNrl'y. FLORIDA BarbaFKB. Berry. Cha~ jd/c/Naplcs Manor Annex'reso - 3 - 1 6A?", . EXIIlBIT LEGAL DESCRIPTION BLOCK 9, LOT 16, NAPLES MANOR ANNEX. ACCORI)ING TO THE PLAT BOOK TIIEREOF. AS RECORDED IN PLAT BOOK I, AT PAGE 110. OF TIIE PUBLIC RECORDS OF COLLIER COlIN'FY FLORIDA. -4= R. I&A? AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into thi~ay of~,.~_ i 998. by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNIY" and Habitat for Humanity of Collier County, Inc., hereinafter referred to as "OWNER." WITNESSETH: WHEREAS, Collier County Ordinance No. 90-86, as amended, thc Collier County Regional Water System Impact Fee Ordinance; Collier County Ordinance No. 90-87, as amended, the Collier County Regional Sewer System Impact Fee Ordinance; Collier County Ordinance No. 88-97, as amended, the C,.,llier County Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, as amended, the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71. as amended, thc Collier County Emergency Medical Services System Impact Fee Ordinance; Collier County Ordinance No. 92-22, as amended, the Collier County Road Impact Fee Ordinance; and Collier County Ordinance No. 92-33, as amended, the Collier County Educational Facilities System Impact Fee Ordinance, as they may be further amended from time to time hereinafter collectively referred to as "Impact Fee Ordinance". provide for waivers of impact fees for ne,,'.' owner-occupied dwelling unit qualifying as affordable housing; and WHEREAS, OWNER has applied for a ~vaiver of impact fees as required by the Impact Fee Ordinance, a copy of said application being on file in the office of Housing and Urban Improvement; and WHEREAS. thc County Administrator or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing xvaiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and - 1 - WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 98- ,,~O]' at its regular meeting of ~ al-3 ,1998;and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, thc parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals arc tree and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") and site plan are attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordance with the standards set forth in the appendices to the Impact Fee Ordinance for a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants thc folloxving: bo The Dwelling Unit shall be sold to a household with a very Iow income as defined in the appendices to the Impact Fee Ordinance and his/her monthly payments to purchase the Dwelling Unit shall be within tile affordable housing guidelines established in the appendices to thc Impact Fee Ordinance; The Dwelling Unit shall be sold to a first-time home buyer; The Dwelling Unit shall be tile homestead of owner; The Dwelling Unit shall remain as affordable hot, sing for fifteen (15) years from the date the certificate of occupancy is issued for tile Dwelling Unit; and OWNER is the owner of record of thc Dwelling Unit and owes impact fees in the total amount of S6,169.52 pursuant to the Impact Fee - 2 - Ordinance. In return for the waiver of the impact fees owed by OWNEI~, OWNER covenants and agrees to comply with tile affordable housing impact fee waiver qualification criteria detailed itl tile Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fcc waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date thc certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY. 7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on tile effective date of this Agreement; which lien may be foreclosed upon in thc event of non-compliance with tile requirements of this Agreement. 8. RELEASE OF LIEN. Upon satisfactory completion of tile Agreement requirements and fifteen (15) years after the date of issuance of thc ccrtificatc of occupancy, or upon payment of the waived impact fees, the COUNTY shall, at the expense of thc COUNTY, record any necessary documentation evidencing the termination of thc lien, including, but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall be binding upon thc panics to this Agreement and their respective heirs, personal representatives, successors and assigns. In case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived until said impact fees arc paid in full or until thc conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 arc satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida, within fifteen (15) days after execution of this Agreement by the Chairman of the Board of County Commissioners. 6A7m - 3 - I 1. DEFAULT. OWNER shall be in default of this Agreement ( 1 ~ where OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in thc Impact Fcc Ordinance for a period of fifteen (15) days after notice of the violation. 12. REMEDIES. Should the OWNER of thc property fail to comply with the said qualification criteria at any time during the fifteen (i 5) year period or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in tull by OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on thc Dwelling Unit commencing on thc effective dale of this Agreement and continuing for fifteen (15) years from the date of issuance of thc certificate of occupancy or until repaid. Such lien shall be superior and paramount to the interest in thc Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall bc on parity with the lien of any such County taxes. Should thc OWNER bc in default of this Agreement and thc default is not cured within (30) days after written notice to OWNER, tile Board may bring a civil action to enforce this agreement. In addition, the lien may be foreclosed or otherwise enforced by the COUNTY by action or suit in equity as tut thc foreclosure of a mortgage on real property. This remedy is cumulative with any other right or remedy available to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys fees, incurred by the Board in enforcing this agreement, plus interest at tile statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. Witnesses: Print Name~__~,a.~ c_ l"~ ,',~--.;,-, Print Name ...~.2~--7~ ...,~,,,, ,. fi)~3-';,- -? OWNERS: HABITAT FOR HUMANITY OF - 4 - DATED: ~'//~"~'/~; ATTEST: DWIGHT E. BROCK, Clerk $ l~nature on15., 'Approved as to form and legal sufficiency H~idi F. Ashton Assistant County Attorney 16A7 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Barb~ li-BerTr3,, Cfi-aXlrmanVx STATE OF Florida ) COUNTY OF Collier ) The foregoing instrument was acknowledged before me this /'~ day of //r/~' I' ' 1998 by Charles C. Smith, Vice President of Habitat for. Humanity of Collier County, Inc. Hc i~'~ersonally known to me. [NOTARIAL SEAL] $.igfiature of Person Taking Ack~'owledgment Name of Acknowledger Typed, }Y~nted or Stamped E D^LBEY jd/gm/c/naples manor lakes/agree - 5 - EXltlBIT "A" LEGAL DESCRIPTION LOT 16 OF BLOCK 9, NAPLES MANOR ANNEX, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 1, AT PAGE 110, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. - 6 - 110 RESOLUTION OF TIIE BOARD OF COUNTY COMMISSIONERS. ('()I.I.IER COUNTY. FLORIDA, AUTIIORIZIN¢i WAIVF. R OF RF.(i[ONAI. WATER SYSTEM IMPACT FEES, REGIONAL SEWER SYSIEM IMPACT I:F. ES. I.IBRARY SYSTEM IMPA("I' I.'F. ES. 1'ARKS AND RF.('RliATIONAI. FAC1LH'IES IMPACT FEES, ROAD IMPA('T FEES, EMERGF. N¢'Y MEDICAl. SERVICES IMPAC'[' FEES AND I:DIJ('A'II()NAI. I.A('[I.I'II[:S SYSTEM IMPACT FEES FOR ONE IIOIJSE TO BE C¢)NSTRII("I'ED BY IIABITAT F()R IIUMANITY OF COLLIER COUNTY. INC., ON LOT 2{). II[.O(.'K 9, NAPLES MANOR AI~qEX. CO[.LIER COl INTY. FI.ORIDA. WItEREAS. Collier County has recognized and attempted to address thc lack of adequate and affordable housing for moderate. Iow. and very-low income households in the County and the need for creative and innovative programs to assist in the provision of such housing by including several provisions in the ¢'ollier County Growth Management Plan. including: objective 1.4. policy 1.4.1: objective 1.5. policy 1.5.2. policy 1.5.3, policy 1.5.4, policy 1.5.5, policy 1.5.6: objective 1.6, policy 1.6.3: objective 2.1, policy 2.1.1, policy 2.1.2. policy 2.1.3. policy 2.1.5, and policy 2.1.6 of the ttousing Element: and WHEREAS. Collier County has received funding pursuant to the State [lousing Initiatives Partnership Program set forth in Section 420.907 et. seq.. Florida Statutes and chapter 91-37. Florida Admlnistralive (.'ode: and WHEREAS. in accordance with Collier County Ordinance No. 93-19. lhe County ~s authorized to use funding from the State l lousing Initiatives Partnership [SIIIP] Program for waivers of('olher ('ounty impact fees: and WHEREAS. ttabitat for llumanity of Collier Counly. Inc. is seeking a waiver of impact fees: and WHEREAS. ltabitat for tlumanity of Collier County. Inc. will construct one (1) three-bedroom unit (the "Dwelling Unit") on Lot 20. Block 9 Naples Manor Annex which is proposed to sell lbr Forty-Six Thousand Five llundred Dollars ($46.500.00): and WHEREAS. the [)welling Unit will be purchased by a ','eD' Iow income household which Ds required to invest a minimum of five hundred (5001 hours of"Sweat Equity" before il obtains title to lhe house: and W[IEREAS. Mr. Charles C. Smith. Vice President of llabitat for tlumanlty of ('oilier County. Inc., submitted to thc Office of Ilousing and Urban Improvement an Affordable Ilousmg Apphcatlon dated April 27. 1998 for a waiver of Impact fees lbr the constructum ora house on l.ot 20. Block 9 Nt, plcs Manor Annex. a copy of said appllcatmn ts on file m the Ilousing and I.'rban Improvement Department: and WIII~REAS. ~n accordance with Section 3.04 of the Regmnal Water System Impact Fcc Ordinance. Ordinance No. 90-86. as amended: Section 3.04 of the Regional Sewer System Impact Fcc Ordinance, Ordinance No. 90-87. as amended: Section 3.04 of the Library System Impact Fee Ordinance. ()rdinance No. 88-97. as amended: Section 4.05 of the Parks and Recreational Facilil~cs Impact Fcc Ordinance. Ordinance No. 88-96. as amended: Section 3.04 of the Road Impact Fee Ordinance. Ordinance No. 92-22. as amended: Section 3.05 of the Emergency Medical Services System Impact Fee Ordinance. Ordinance No. 91-71. as amended: and Section 3.05 of the Educational Facilities System Impact Fee Ordinance, Ordinance No. 92-33. as amended: an applicant may obtain a waiver of impact fees by qualifying for a waiver: and 16^ WHEREAS. Habitat for Humanity of Collier County, Inc. has qualified for an impact fee waiver based upon the following representations made by Habitat for llumanity of C'ollier County. Inc,: A. The Dwelling Unit shall be sold to a tint-time home buyer. B. The Dwelling Unit shall be sold to a household With a very Iow income level as that term is defined in the Appendices lo the respective Impact Fee Ordinances and Iht monthly paymenl to purchase thc unit must be within the affordable housing guidelines estabhshcd m thc Appendices to the respective Impact Fee Ordinances. C. The Dwelling Unit shall be the I[omestead ofthe owner. D. Thc Dwelling Unit shall remain aflbrdable for fifteen {15) years from the date the certificate of occupancy ~s issued. NOW THEREFORE, BE IT RESOLVED BY TIlE BOARD OF COUNTY ('()MMISSIONERS OF COLLIER COUNTY, FLOR1DA. that: I. The Board of County Commissioners hereby authorizes the County Manager to issue an Authorization for waiver of impact fees to Habitat for llumanity off'oilier Cot,nty. Inc. fiw one (1) house which shall be constructed on Block 9. Lot 20 Naples Manor Annex. ('oilier ('ounty. Florida. 2. Upon receipt by the Housing and Urban Imp, rovement Director of an agreement for waiver of impact lees signed by Habitat for Humanity of Collier County. Inc.. and'or thc purchaser, or other documentation acceptable to the County Attorney. the Board of County Commissioners hereby authorizes the payment by Collier County of the following impact fees from the Affordable I lousing Trust Fund. Fund (191), in the following amounts for the one I1 } huuse to be built on Block 9. Lot 20 Naples Manor Annex by Habitat for ltumanity of Collier ('ounty. Inc.: A. Library Impact Fee S 180.52 B. Road Impact Fee 1.379.00 C. Parks and Recreational Facilities Impact Fee: f I ) Community Parks 399.00 { 2 } Regional Parks 179.t)0 D. EMS Impact Fee 14.O0 E. Educational Facilities System Impact Fee 1.778.{}0 F. Water Impact Fee 900.0{} G. Sewer Impact Fee SI .340.00 TOTAL IMPACT FEES S6,16c1.52 3. The payment of impact fees by Collier County is subject to thc execution and recordation of an agreement for waiver of Collier Cot, nty lmpact Fees bclwecn thc property owner and/or purchaser and the County. - 2 - This Resolution adopted alter motion, second and majority vote favoring same. 16A7 ATTEST: DWIGHT E. BROCK, Clerk -/-/ / A~test as to Chal~n's sfgna:ure only. . Approved as to fo~' an~ legal su~cicncy: Heidi F. Ashton Assistant County Attorney BOARD OF COUNTY COMMISSIONF. RS COLLIER COUNTY. FLORIDA jcl/c/Naples Manor Anncx~rcso - 3 - EXHIBIT "A" LEGAL DESCRIPTION BLOCK 9, LOT 20, NAPLES MANOR ANNEX. ACCORDIN(; TO THE PLAT BOOK THEREOF, AS RECORDED IN PLA'F BOOK 1, AT PAGE 110. OF THE PUBLIC RECORDS OF COLLIF, R ('OI. JNT¥ FLORIDA. - 4 - 4 I This Agreement for the Waiver of Impact Fccs entered into this _,a~day of~.~,,tt._.~ 1998, by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and ttabitat for ttumanity of Collier County, Inc., hereinafter referred to as "OWNER." WlTNESSETH: WHEREAS, Collier County Ordinance No. 90-86, as amended, the Collier County Regional Water System Impact Fee Ordinance; Collier County Ordinance No. 90-87, as amended, the Collier County Regional Sewer System Impact Fee Ordinance; Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, as amended, the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71. as amended, the Collier County Emergency Medical Services System Impact Fee Ordinance; C'ollicr County Ordinance No. 92-22, as amended, the Collier County Road Impact Fcc Ordinance: and Collier County Ordinance No. 92-33, as amended, the Collier County Educational Facilities System Impact Fee Ordinance, as they may be further amended from time to time hereinafter collectively referred to as "Impact Fee Ordinance", provide for waivers of impact fees for new owner-occupied dwelling unit qualifying as affordable housing; and WHEREAS, OWNER has applied for a waiver of impact fees as required by the Impact Fee Ordinance, a copy of said application being on file in thc office o1' Housing and Urban Improvement; and WHEREAS, the County Administrator or his designee has reviewed thc OWNER's application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fcc Ordinance qualifying the project as eligible for an impact fee waiver; and - 1 - WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embotlie"~ ~1~ Resolution No. 98- ,~ ~ at its regular meeting.of.~_t.a.~.~d__~. 1998; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are tree and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (thc "Dwelling Unit") and site plan are attached hereto as Exhibit "A" and incorporated by reference herein. 3. IERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordance with the standards set forth in thc appendices to the Impact Fee Ordinance for a period of fifteen (15)'years commencing from the date tile certificate of occupancy is issued for the Dwelling Unit. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the following: bo e° The Dwelling Unit shall be sold to a household with a very Iov,, income as defined in the appendices to the Impact Fee Ordinance and his/her monthly payments to purchase the Dwelling Unit shall be within the affordable housing guidelines established itl thc appendices to tile Impact Fee Ordinance; The Dwelling Unit shall be sold to a first-time home buyer: The Dwelling Unit shall be the homestead of owner: The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for thc Dwelling Unit; and OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $6,169.52 pursuant to the Impact Fee - 2 - Ordinance. In return for the waiver of the impact fees owed by 0~7 ll~ '~:' OWNER covenants and agrees to comply with the affordable housing impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER. frOWNER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date thc certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY. 7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on thc effective date of this Agreement; which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement. 8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or upon payment of the waived impact fees, the COUNTY shall, at the expense of thc COUNTY, record any necessary documentation evidencing the termination of the lien, including, but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived until said impact fees arc paid in full or until thc conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall nm with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida, within fifteen (15) days after execution of this Agreement by the Chairman of the Board of County Commissioners. - 3 - .. 16A7 11. DEFAULT. OWNER shall be in default of this Agreement (I) where OWNER fails to sell thc Dwelling Unit in accordance with thc affordable housing standards and qualification criteria established in tile Impact Fee Ordinance and thereafter fails to pay Ire impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with thc said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in fifil by OWNER within thirty (30) days of said non-compliance. OWNER agrees that thc impact fees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fifteen (15) years from the date of issuance of the certificate of occupancy or until repaid. Such lien shall be superior and paramount to the interest in thc Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except the lien for Cotinty taxes and shalt be on parity with the lien of any such County taxes. Should the OWNER bc in default of this Agreement and the default is not cured within (30) days after written notice to OWNER, the Board may bring a civil action to enforce this agreement. In addition, tile lien may be foreclosed or othepMse enforced by the COUNTY by action or suit in equity as for thc foreclosure of a mortgage on real property. This remedy is cumulative with any other right or remedy available to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys flees, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. Witnesses: Pri~ Name ( ...o.o.~,~_ /Print Name - OWNERS: HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. /~ 1 '/'7/~, ~t~ ' c/ '~"Ch~;les~. smith, Vic~Presidm~ 4 - ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA , Ba a B. Be4, Approved as to form and legal sufficiency H F. Ashton Assistant County Attorney STATE OF Florida COUNTY OF Collier The foregoing instrument was acknowledged before me this . . by Charles C. Smith, knoxvn to me. [NOTARIAL SEAL] /53 day of /,;2%, ,_ ,1998 Vice President of Habitat for Humanity of Collicr County. Inc. He'(s personally Signatg~/of Person Taking Acknowl~gment Name of Acknowledger Typed, Printed or Sva/mped jd/gm,'c,'naples manor lakes/agree - 5 - 1&AT EXHIBIT "A" LEGAL DESCRIPTION LOT 20 OF BLOCK 9, NAPLES MANOR ANNEX, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 1, AT PAGE 1 I0, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. - 6 - RESOLUTION NO. 98- 209 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall ~e a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: COST Ravin Ealy Est $3,340.00 C/O Frances Ealy The NW ~ of the SE ~ of the 1854 High St NE ~ of the SW ~ of Section 36, Ft Myers, FL 33916 Township 48 South, Range 26 East, less the South 30 feet for road ingress and egress purposes. REFERENCE: 60528-024 %00207760004 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: JU~ ) 3 lgg~ ATTEST: DWIGHT E. BROCK, CLERK stgn,.ture on1~'. APPROVED AS TO FORM ~D LEGAL SUFFICIENCY: CO~TY ATTORNEY CSce 11 - 1/98 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BA~RA B ~- B~-C.~~ 2350674 OR', 2444 PG', 2404 llC0R01I) ia OrlqClAL UC01DS Of CO~UII C0~T, ~ 07/27/~8 at 01:16~ DVX~ I. H0C[, C~ltt UC ~11 10.5t COPIIS 2.00 le~n: CLIH ?0 THI BOAID IXT 7240 BO/~ OF COU1TT~ CO~SSIONERS COLLIER COUNT]~, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN 16A Ravin Ealy EST C/O Frances galy 1854 High Street Ft Myers, FL 33916 P~FERA~NCE 60528-024 LEGAL DESCRIPTiOH: JUN 2 3 1998 ~00207760004 LIEN HUMBEI~: ~e ~W ~ of the SE ~ of the N~ ~ of the ~W ~ of Sections 36, Township 48 South, Range 26 East, less the South 30 feet for road ingress and egress purposes. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 10/3/96, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited dumping, acc~n~ulation, storage or burial of litter, waste or abandoned property. Old car, ~ruck, trailer, household trash, appliances, wheels, tires, wood, metal, rubber, mower, boats eot. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $3,140.00 and administrative cost of $200.00 for a total of $3,340.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on JUN 2 3 1998 and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government 5en~er, Naples, Florida 34112 in writing within thirty (30) days from the Cate of this assessment to be valid. CLERK, BOARD CF COUNTY COMMISSIONERS CSce 9- 1/93 16A 8 RESOLUTION NO. '98- 210 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47~ W~EREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and ~EREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and W~IEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: COST G~uy J Iarussi ET UX 788 Park Shore Dr Apt F-25 Naples, FL 33940 REFERENCE: 60924-047 & 61002-020 ALL of Linda Park, except Lots $3,550.50 38, 39, 40, 42, 43 and 44, a Subdivision of Lot 51 of NAPLES GROVE AND TRUCK CO'S LITTLE FARMS NO. 2, less State Road right-of-way, according to the plat thereof in Plat Book 4, Page 19 of the Public Records of Collier County, Florida. #5S700040001 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner% This Resolution adopted after motion, second and majority vote. DATED: J ATTEST: DWIGHT E. BROCK, CLERK . ..,. .... · / 'Attest as to Cha~ru~n'$ APPR~t~L%e ~ I~ ~LEG~ SUFFICIENt: ~D~Vlb ~gIGEL" v CO~ A~ORNEY CSce 11 - 1/98 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 2350675 OR', 2444 PG'. 2406 IIC0~ID in OFIqClAI, 11C0105 of COttII! COUIITI, 07/27/~1 at 01:lt~ DWlGTr I. H0Cl, L'Llll I1¢ n! I0.50 C'I, III TO Tll IOAlO IIfflIOHICl 4TH ILO01 IXT 7241 BOARD O~ C0UNT~ COMMISSIONERS LZ~.T, so~zc~ ASSESS%lINT OF LIEN Guy J Iarussi ET UX ~ DATE: JU~ ~ 3 788 Park Shore Dr A~t F-25 Naples, FL 33940 REFEi~ENCE 60924-047 & ,55700040001 LIEN NUMBER: . 00 -o o LEGAL DESCRIPTION: ALL of Linda Park, excel~t Lots 38, 39, 40, 42, 43 and 44, a Subdivision of Lot 51 of NAi~LES GROVE AND TRUCK CO' S LITTLE FARMS NO. 2, less State Road right-of-way, according to the plat thereof in Plat Book 4, Page 19 of the Public Records of Collier County, Florida. You, as the cwner of the property above described, as recorded in the records maintained by the offic~'of the Property Appraiser, are hereby advised that the Compliance Ser~ces· Manager, did on 10/2/96, order the abatement of a certain nuisance~xistina on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Accumulation of prohibited~exotics on unimproved land located within 200' of improved, subdivi~ property. Prohibited dumping, accumulation, storage or ~ial of litter, waste or abandoned Brazilian pepper he~es and scattered beer cans, raw garbage, etc. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $3,350.50 and administrative cost of $200.00 for a total of $3,550.50. Such costs, by Resolution of the Board of County Com~issioners of Collier County, Florida, ha'/e been assessed against the above property on JUN and shall become a lien on the property thirty (30) days after such assessment. You may regues~ a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD O~ COUNTY COM~!SSIONERS CSce 9- 1/93 16A 8 RESOLUTION NO. 98- 211. A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION~ COST Rosalinda I Isselmann 1700 NE 139'~ St Miami, FL 33181 REFERENCE: 61017-120 #68300002601 Lot 30, of PORT OF THE ISLANDS, $245.00 PHASE TWO, according to the map or plat thereof, recorded in Plat Book 21, pages I through 4, of the Public Records of Collier, County Florida. The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: JO~ ? 3 ~ ATTEST: DWIGHT E. BROCK, CLERK Attest'as to Chat~n'$ ~ LEG~ SUFFICIENCY: CSce 11 - 1/98 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 2350676 OR: 2444 PG: 24011 II¢OIPlO in OflqClU, Itl¢Oi~l)$ of COL~III gO~lTI, ee~n: II? 7240 BOARD OF COUNT~ COMMISSIONERS COLLIER COUNT~, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN 16A 8 J U N 2 '~ Rosalinda I Isselmann DATE: 1700 NE 139~ ST Miami, FL 33181 REFERENCE 61017-120 ~68300002601 LIEN NUMBEP: LEGAL DESCRIPTION: Lot 30, of PORT OF THE ISI~%.NDS, PHASE TWO, according to the map or plat thereof, recorded in Plat Book 21, pages I through 4, of the Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 10/17/96, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 9i-47, serving notice thereof upon y©u, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $45.00 and administrative cost of $200.00 for a total of $245.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on ~U~ ~ ~ 19~ and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if ~ny, why the expenses and charges incurred by the County under thls Ordlnance are unwarranted or excessive or why such expenses should net ccnstltute a lien against the prcperty. Such request for hearing must he made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the ~ate of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- i/93 8 RESOLUTION NO. 98- 212 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WIT}{ ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, incldding prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNI~f, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTIQN; COST EMC Holdings Inc Lots 31, of PORT OF THE ISLANDS $245.00 800 Laurel Oak Dr PHASE TWO, according to the map STE 303 or plat thereof, recorded in Plat Naples, FL 33963 Book 21, pages i through 4, of the Public Records of Collier County, Florida. REFERENCE: 61017-121 #68300002627 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: ATTEST: DWIGHT E. BROCK, CLERK /~t as to Chair~'~ FOR . APPRO~D ~ LEG~ SUFFICIENt: CO~Y ATTORNEY CSce 11 1/98 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 2350677 OR'. 2444 PG'. 2410 IICOl~ll) in O)lqClAl, ItlCOIU}$ Of COLLII~ CO~I~, 01/27/~1 at II:ISM D;X~ I. SlOCi, CLIH BC Ill 1e.50 COMIS htn: IXT BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN 16A 8 EMC Holdings Inc DATE: 800 Laurel Oak Dr STE 303 JUN Naples, FL 33963 REFERENCE 61017-121 #68300002627 LIEN NUMBER: LEGAL Lots 31, of PORT OF THE ISLANDS, PHASE TWO, according to the map or plat thereof, recorded in Plat Book 21, pages I through 4, of the Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records ra~ntalned by the office of the Property Appraiser, are hereby advised t~at the Compliance Services Manager, did on 10/17/96, order the abatement tfa certain nuisance exlsting on the above property prohibited by Ordinance ~i-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. You fa~ied tc abate such nuisance; whereupon, it was abated by the expenditure ,~f public funds at a direct cost of $45.00 and administrative cost of $200.00 for a total of $245.00. Such costs, by Resolution of the Board of County Co~missioners of Collier County, Florida, have been assessed against the above property on j~ ~ ] ~ and shall become a lien on the property thirty !30) days after such assessment. You may reques% a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Com~issioners, Government Center, Naples, ~lorida 34112 in writing within thirty (30) days from ~he uate of this assessment to be valid. CLERK, BOAR~ OF COUNTY COMMZSSiONEOS CSce 9- 8 RESOLUTION NO. 98- 213 ~ RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the, County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUN/"f, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME; LEGAL DESCRIPTION: COST EMC Holdings Inc Lots 31, of PORT OF THE ISLANDS $245.00 800 Laurel Oak Dr PHASE TWO, according to the map STE 303 or plat thereof, recorded in Plat Naples, FL 33963 Book 21, pages i through 4, of the Public Records of Collier County, Florida. REFERENCE: 61017-164 #68300002342 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: ATTEST: DWIGHT E. BROCK, CLERK APPROVED AS TO FORM AVID' WEIGEL CO~ ATTO~EY CSce 11 - 1/98 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BAR~-~RA- ~ 2 ~ERR~ CHA~i~ 2350678 OR: 2444 PG: 2412 ~ICODID in O~'iqCIAL ~ICOIDS of ~LLIll CO~, FL 07/27/98 at 08:lS~ 0WIGHT I. fllOCI, CLII[ U: ~1 10.51 letn: lit 7210 BOARD OF COUNT! COMMISSIONERS COLLIER COUNT~, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN 8 t EMC Holdings Inc 800 Laurel Oak Dr STE 303 Naples, FL 33963 DATE: REFERENCE 61017-164 ~68300002342 LIEN NUMBER: LEGAL DESCPi?TiO::: Lots 17, of PORT OF THE ISLANDS, PHASE TWO, according to the map or plat thereof, recorded in Plat Book 21, pages i through 4, of the Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 10/18/96, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 71-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $45.00 and administrative cost of $200.00 for a total of $245.00 Such costs, by Resolution of the · Board of County Co~"unissioners of Collier County, Florida, have been assessed against the above property on JUN ~ 3 ~9~ and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners tc show cause, ~f any, why the expenses and charges incurred by the County under ~'==..~- 9rdlnance are unwarranted or excessive or why such expenses should not const~-ute a lien against the. property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1197 C] ;'--' I'rl Or co ---4 .F 9 RESOLUTION NO. 98- 214 % RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NA24E: Brenda J Gable 380 School St York, PA 17402 61030-049 LEGA/~ DESCRIPTION: COST Lot #8, Block 2, and Lot #1, $960.00 Block 3, Trail Acres Subdivision, are recorded and platted in Plat Book 3, Page 50, Colllier County Records. (Subject to existing restrictions, easements and covernants of records.) #77210600003 The Clerk of the Board shall mail. a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATE~h~ ;' ~ ~9~ ATTEST: DWIGHT E. BROCK, CLERK Attest ~s to Chairman's A~~ ~O FORM LEGAL SUFFICIENCY CO~Y ATTO~EY CSce 11 1/98 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BAR~kRA- B: ' BERRY, 2350679 OR: 2444 PG: 2414 I1~ FII 10.50 2.00 let~: CLill TO Tel BOARD I~RO/FICI 4~ BOARD OF COUNTX COMMISSIONERS COLLIER COUNT~, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN 9 Brenda J Gable 380 School St · ork, PA 17402 REFERENCE 61030-049 ~77210600003 LIEN NUMBER: LEGAL DESCRIPTION: Lot #8, Block 2, and Lot ~1, Block 3, Trail Acres Subdivision, as recorded and platted in Plat Book 3, Page 50, Collier County R~cords. (Subject to existing restrictions, easements and covenants of record). You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 11/4/96, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Accumulation of prohibited exotics on unimproved land located within 200' of improved, subdivided pr~ert~. Brazilian pepper hedges, Java plum trees & Melaleuca trees You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $760.00 and administrative cost of $200.00 for a total of $960.00. Such costs, by Resolution of the Board of County Commissioners cZ Collier County, Florida, have been assessed against the above property on and shall became a lien on the property thirty ;30, days after such assessment. You may request a hearing before the Bcard of County Com,mzssioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted cr excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the'Board of County Commissioners, Government Center, Naples, Florida 341i2 in writing withzn thirty (30) days from the -iate of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 RESOLUTION NO. 98- 215 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. Wi~EREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and W~EREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: Roberto C Onofre 2828 Holley Ave Naples, FL 33962 REFERENCE: 70103-017 #76210840000 LEGAL DESCRIPTION: COST $650.00 Lots 27 and 28, Block 4, W.H. Surrency Subdivision, according to the Plat thereof, as recorded in Plat Book 1,, Page 28, of the Public Records of Collier County, Florida. The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED:~'Jg ? 3 J9~8 ATTEST: DWIGHT E. BROCK, CLERK a~ t~ cnair~,an~s signafure on]~. APPROVED AS TO FORM AND LEGAL. SUFFICIENCY: CO~TY ATTORNEY CSce 11 1/98 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BAR~RA-B."BERR'~'-, CH~AI-~T~ 2350680 OR: 2444 PG: 2416 ILICORDID Jn OUIClAL UCOROS of COLLII! COlltlo IL 07/27/98 at OI:16AM OWIGTI' I. BROCK, CLIIK 11: I'll II.SO COtll5 2.00 letn: CLIIR TO ?HI BOARD II? 7240 BOARD OF COUNT~ COMMISSIONERS COLLIER COUNT~, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN 16A 9 Roberto C Onofre 2828 Holly Ave Naples, FL 33962 DATE: REFERENCE 70103-017 #76210840000 LIEN NUMBER: LEGAL DESCRiPiiO~i: Lots 27 and 28, Block 4, W.H. Surrency Subdivision, according to the Plat thereof, as recorded in Plat Book 1, Pages 28, of the Public Records of Collier County, Florida. You, as the ~' '~ of ~,~.,_r the property above described, as recorded in the records r. ainta~neu by the office of the property Appraiser, are hereby advised that the Compliance Services Manager, did on 1/3/97, order the aba'~ ~n' of a c,~r s ._m_.. rain nui ance existing on the above property prohibited by Ordinance 91-4-, serving notice thereof upon you, such nuisance being: Prohibited dumping, accumulation, storage or burial of litter, waste or abandoned property. Litter consisting of bottles, cardboard, paper & plastic, broken chair, buckets, bedding & clothing, etc. You failed to ~%hate such nuisance; whereupon, it was abated by the expenditure of pu:~ilc funds at a direct cost of $450.00 and administrati';e cost of $200.00 for a total of $650.00. Such costs, by Resolution of %h£ Board of County Commissioners of Collier County, Florida, have k~een assessed against the above property on ]UN )3 19~q and shall beccr, e a lien on the property thirty (301 days after such assessment. You may reTues' ~: hearing before the Board of County Commissioners to show cause, 2 f ~:.:, ,~hy the expenses and'charges incurred by the County under ibis Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be r,~de to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from t.:,e 'Ja',. r~i thzs assessment to be va[id. CLERK, BOARD OE COUNTY COMMiSSiONERS CSce 9- 119~ RESOLUTION NO. 98- 216 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-~7. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement cf certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligasion upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent 412.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: IL Dollaro S R L Corp Via Melchiorre Gioia #11 Lots 28 and 2'9, Naples Bayview, Ferrara, Italy 44100 Addition No. 1, a subdivision according to the plat thereof, as recorded in Plat Book 4, Page 20, of the Public Records of Collier County, Florida. REFERENCE: 70107-066 #61380720007 COST $290.00 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: ~UN ~ 3 1998 ATTEST: DWIGHT E. BROCK, CLERK A~test as ~ ~ l.onature only. X~ROWD AS ;0 ~O~ ~)LEGA5 SUFfICIeNCY: D~gID WEIGEL CO~TY ATTORNEY CSce 11 - 1/98 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BARi~A ~B'. -BkRRY,~- CHA~ 2350681 OR'. 2444 PG', 2418 07127/9S at O8:ISU ~IG~ I. BRai, CLII[ HC fll 10.S0 ietn: CLIRI TO lHI BOARD lit 7240 BOARD OF COUNT~ COMMISSIONERS COLLIER COUNT~, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN IL Dollaro S R L Corp DATE: Via Melchiorre Gioia #11 Ferrara, Italy 44100 IUN 2 ~1998 REFERENCE 70107-066 #61380720007 LIEN NUMBER: LEGAL DESCRIPTION: Lots 28 and 29, Naples Bayview, Addition No. 1, a subdivision according to the plat thereof, as recorded in Plat Book 4, Page 20, of the Public Records of Collier County, Florida. You, as the owne: of the property above 'described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 1/15/97, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Weeds over 18" (up to 6 + ft.). You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $90.00 and administrative cost of $200.00 for a total of $290.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on ~,JN ~ 31~ and shall become a lien on the property .thirty (30) days after such assessment. You may request a nearing before the Board of County Commissioners to show cause, if an>', why the expenses and charges incurred by the County under thls Ordinance are unwarranted or excessive or why such expenses should ncr constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Ficrida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD O? COUNTY COMMISSIONERS CSce 9- 1/93 RESOLUTION NO. 98- 217 ~ RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement cf certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper nctice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME:, LEGAL DESCRIPTION: COST Lee D Mc Caskey & $265.00 Joan J Mc Caskey Lot 20, Block 189, Unit 6, GOLDEN 1200 Lastrada Ln GATE, per plat recorded in Plat Naples, FL 33940 Book 5, Page 130, Public Records of Collier County, Florida. REFERENCE: 70213-021 #36305840007 The Clerk of the Board shall mail a notice of assessment of lien to the owner cr owners of the above described property, and if such owner fails to pay such assessment within thirsy (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according tc law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: ATTEST: DWIGHT E. BROCK, CLERK APPROVED AS TO FORM AND LEGAL .SUFFICIENCY: ,, .~,-I, ~ 'Ii, i~ ~--,~. . . ~! (1C_,UAVID WEIGEL COUNTY ATTORNEY CSce 11 1/98 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BARe'ARA f]"~ERR%, CH~A~ 2350682 OR: 2444 PG: 2420 ~C ~1 1030 COPIlS CLIIE TO ~ BOA~ lit BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN 9 Lee D Mc Caskey & Joan J Mo Caskey 1200 Lastrada Ln Naples, FL 33940 REFERENCE 70213-021 LEGAL DESCRIPTION: #36305840007 LIEN HUMBEP: Lot 20, Block 189, Unit 6, GOLDEN GATE, per plat recorded in Plat Book 5, Page 130, Public Records of Collier County, Florida. You, as the owner of the propert7 abo';e described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that th~ Compliance Services Manager, did on 2/13/97, order the abatement of a --~rtain nuisanc~ existing on the abouo property prohibited by Ordinance 9~-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Prohibited dumping, acc%unulation, storage or burial of litter, waste or abandoned property. Weeds over 18" (2 ~ ft.). Litter: Cut Brazilian Pepper branches, paper, plastic, cups, & bottles. You failea to abate such nuisance; whereupon, it was abated by the expenditure of ~uslic funds at a direct.cost of $65.00 and adminlstratlve cost of $200.00 for a total of $265.00. Such costs, by Resolution o[ the Board of County Co~missioners of Collier County, Florida, have been assesse~ against ~he above property on ~ 2 3 1~8 and shall become a llen on the proper~y thirty i30) day5 after such assessment. You may :eques5 a hearing before the 2oara of County Commissioners to show cause, if an)', why the expenses and charges ~ncurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the ~ate of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 9 RESOLUTION NO. 98- 218 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47.. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: Floreal De La Garza 5807 SW 42nd ST Miami, FL 33155 REFERENCE: 70214-008 #62576800002 LEGAL DESCRIPTION: COST $245.00 Lot 13, Block 21, of NAPLES PARK SUBDIVISION UNIT, NO. 2, according to the Plat thereof, recorded in Plat Book 2, at Page 107, of the Public Records of Collier County, Florida. The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails tc pay such assessment within thirty (30; days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to !aw, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. ATTEST: DWIGHT E. BROCK, CLERK s t (jna~,ura onl$. APPROVED AS TO FORM AND LEGAL SUFFICIENCY: i ' DAVID WEIGEL COUNTY ATTORNEY CSce 11 1/98 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BASRA B. BERR~', CH~AI~ 2350683 OR: 2444 PG: 2422 IICO~ID in O171CIAI, IICOID$ of COLtlll O?/Z7/II aL OI:IIAN D¥IG~ 1. BROCK, COPIIS ietn: CLIII ~O ~ BOARD OF COUNT~ COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Floreal De La Garza 5807 SW 42nd ST Miami, FL 33155 REFERENCE 70214-008 #62576800002 ~EN NUMBEP: LEGAL DESCRIPTiC:~: Lot 13, Block 21, of NAPLES PARK SUBDIVISION UNIT, NO. 2, according to the Plat thereof, recorded in Plat Book 2, at Page 107, of the Public Records of Collier County, Florida. You, as the owner of the property abo';e describe4, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 2/14/97, order the abatement of a -~ertain nuisance existing on the above property prohibited by Or~in,~F. ce ~i-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Weeds over 18" (2-3 ft.). You failed to abate such nuisance; whereupon, it was abated by the expendltu:e of 9ublic funds at a direct cost of $45.00 and administrative cost of $200.00 ~or a total of $245.00. Such costs, by Resolution of the Board of County Commissioners of Colller County, ~lorida, have been assessec against the above property cn and shall b~come u lien on the p~operty thirty ~20) days after such assessment. You may request a hearing before the B~ard of County Commissioners to show cause, Lf ~n?', why the expenses and char~es incurre~ ~'.¥' the County under this Ordinance are unwarranted er excessiue or why suc~ expenses should not ccr. stlt'~te a !~en agai~s~ the property. Such request for hearing must be made to the Clerk of %he BoarG of Ccun~y Co~u~issioners, Government Cente:, Naples, Elorida 34112 in writing within thirty (30) days frcm the ~ate of this assessment to be valid. CLERK, BOARD OF COUNTY COI4MISSIONERS CSce 9- 1/93 RESOLUTION NO. 98- 219 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obliga%ion upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: Nivardo Martinez & Elba Martinez 892 Chancellor Ave Irvington, NJ 07111 REFERENCE: 70228-051 957747040004 LEGAL DESCRIPTION: Lot 13 in Block 294, of MARCO BEACH UNIT EIGHT a subdivision according to the Plat thereof, recorded in Plat Book 6 at Page 63-68 of the Public Records of Collier County, Florida. COST $245.OO The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty !30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resclution adopted after motion, second and majority vote. DATED: JUN ~ 3 t~ ATTEST: DWIGHT E. BROCK, CLERK / 'Attest es fo Chairman's I~, APPROVED AS TO FORM AND LEGAL SUFFICIENCY: i--' COUN"~Y ATTORNEY CSce 11 1/98 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 2350684 OR: 2444 PG: 2424 07/~7/J8 ~[ 08:l~A~ O~I~ I, Bi~I, CLi~[ ~OPliS 2.00 I~IO/FI~ tTH FL~ lit 7240 BOARD OF COUNT~ COMMISSIONERS COLLIER COUNT!, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN 16Al q Nivardo Martinez & DATE: 892 Chancellor Ave Irvington, NJ 07111 REFERENCE 70228-051 #57747040004 LIEN NUMBER: LEGAL DESCRIPTIO::: Lot 13 in Block 294 of MARCO BEACH UNIT EIGHT a subdivision according to the Plat thereof, recorded in Plat Book 6 at Page 63-68 of the Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 3/12/97, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Weeds over 18" (2 + ft.). You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $45.00 and administrative cost of $200.00 for a total of $245.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on J UN ~ ~ 199~ and shall become a lien on the property,thirty (30~ days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constltute a lien against the property. Such r~quest for hearing must ~e rede to the Clerk of the Board of County C?r~m~ssioners, Governmen'~ Center, Naples, Florida 34112 in writ~n~ within thirty (30) days from the ua%e of this assessment to be valid. CLERK, BOARD OF COUMTY COMMiSSiONERS CSce 9- i/93 16A10 RESOLUTION NO. ~8- 220 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WIT}{ ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of.a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: Chester Augustine ET IIX 2819 N Moody Ave Chicago, IL 60634 REFERENCE: 70321-030 #57646080000 LEGAL DESCRIPTION: COST $300.00 Lot 9 Block 178 of Marco Beach Unit SEVEN a Subdivision according to the Plat thereof, recorded in Plat Book 6 Page 55-62 of the Public Records of Collier County, Florida. The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: ATTEST: DWIGHT E. BROCK, CLERK signature APPROVED AS TO FORM ~D LEGAL SUFFICIENCY: D~VID ~EIGEL CO~TY ~TTORNEY CSce 11 - 1/98 BOARD OF COUNTY COMMISSIONERS COLLIER COb~NTY, FLORIDA 2350685 OR: 2444 PG: 2426 IICOP~ID la OFFICIAL IIICOIIDS of COLLII! cogrrT, Fl, fl~ ~1 10.50 2.00 tern: lit 7240 III BOARD OF COUNT~ COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN 16 1 0 Chester Augustine ET UX 2819 N Moody Ave Chicago, IL 60634 REFERENCE 70321-030 #57646080000 LiEN NUMBEg: LEGAL DESCRiP?iCi~: Lot 9 Block 178 of Marco Beach Unit SEVEN a Subdivision according to the Plat thereof, recorded in Plat Book 6 Page 55-62 of the Public Records of Collier County, Florida. You, as the owner of the property aboue described, as recorded in the records maintaine~ by the office of the Property Appralser, are hereby advised that the Compliance Services Manager, did on 3/21/97, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-4-, serving notice thereof upon you, such nuisance being: Prohibited dumping, accumulation, storage or burial of litter, waste or abandoned property. Xard debris scattered on right side of lot. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $100.00 and administrative cost of $200.00 for a total of $300.00. Such costs, by Resolution of the Board of County CommiSsioners of Collier County, Florida, have been assessed against the above property on ~/U~ ~ ~ 1~8 and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Roard of County Commissioners to show cause, if any, why the ezpenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the C~Lc o~ this assessment Lo be valid. CLERK, BOARD O? ZCUNTY CCMMiSSIONERS CSce 9- 1/93 16 lO RESOLUTION NO. 98- 221 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREA£, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUN"rY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: Marlene Eguizabal 3354 S W 123'4 Ave Miami, FL 33175 REFERENCE: 70324-030 #59082280006 LEGAL DESCRIPTION: COST $245.00 Lot 19, Block 4, MARCO HIGHLANDS SUBDIVISION, according to the Plat thereof, recorded in Plat Book 3, at Page 72, of the Public Records of Collier County, Florida. The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment wichim thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after mction, second and majority vote. ATTEST: DNIGHT E, BROCK, CLERK AND LEGAL S~3FF, ICIENCY: DAVID WEIGEL COL~TY ATTORNEY CSce Il 1/96 BOARD OF CODq~TY COMMISSIONERS COLLIER CObq~TY, FLORIDA 2350686 OR: 2444 PG: 2428 RKO~ID In OffiCIAL ~ICOID$ of COILIll CO01TT, Y~ 07/27/91 at ofl:ISlX DVlGItT I. ~lOCl, CLilK 2.00 letn: CLIH TO ~1 BOARD I~lOffI~ 4TH lit 7240 BOARD OF COUNT! COMMISSIONERS COLLIER COUNT~, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN 16 1 0 Marlene Eguizabal 3354 S.W. 123=d Ave Miami, FL 33175 REFERENCE 70324-030 ~59082280006 LIEN NUMBER: LEGAL DESCPiFTiC~: Lot 19, Block 4, M~RCO HIGHLANDS SUBDMSION, according to the Plat thereof, recorded in Plat Book 3, at Page 72, of the Public Records of Collier County, Florida. You, as the owner of the propert7 abo';e described, as recorded in the records mainta:ne~ by the 9ffice of the Property Appraiser, are hereby advised that the Compliance Ser';ices Manager, did on 4/2/97, order the abatement of a certain nuisancn existing on the above property prohibited by Ordinance 9]-47, servinq notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other then Golden Gate Estates. Weeds over 18" (3 ft.). You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $45.00 and administrative cost of $200.00 for a total of $245.00. Such costs, by Resolution of the Board of Count'!' Commissioners of Collier County, Elorida, have been assesse~ a~a:=s- :=e a~ove property or; ~UN and shall become ~ lien on the proper~y thirty ~0) days after such assessmen'. You may request ~ n~aring before the Board of County Commissioners to show cause, ~f any, why the expenses and charges incurred by the County under this CrCinance are unwarranted or excessive or why such expenses shoul~ net ccns%''ute allen against the property. Such request for hearlng :~ust be r.~]e to the Clerk of '~e Board o~ County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) ~ this as:~essment ~ be valid. days fret. the ~;a'_,-'~ .... CLERK, BOARD ~=~. COUNTY CSce ~- ~ 16 10 RESOLUTION NO. 98- 222 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and ;~EREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall ac_.u_~ ~ at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: E C · COST Eueetolio Leal $245.00 Socorro Santillan Tract of land described as 2433 S 60~" Ct follows, Lot Four (4), Block Two- Cicero, IL 60650 Hundred-Ninety-Eight (298), of Marco Beach Unit Eight(8), in a subdivision according to the plat thereof, recorded in Plat Book Six (6), Pages Sixty-Three and Sixty- Eight (63 & 68), of the public records of Collier County, Florida. REFERENCE: 70408-018 #57750200006 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above de'scribed property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constituke a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED;j~j, ? ~ ~g~. ATTEST: DWIGHT E. BROCK, CLERK APPROVED ~'T~ ;%ND LEGAL SUFFICIENCY: DAVID WEIGEL' COUNTY ATTORNEY CSce 11 - 1/98 BOARD OF COUNTY COMMISSIONERS COLLIER COb~TY, FLORIDA BY:~ 2350687 OR: 2444 PG: 2430 UCO]WID J., OflqClXL I1~1~$ o! ~OLl, lll ~0~F~, 0'//27/}l ,t Ol:lt~ DfflGIrr I. IIOCI, L'Llll hit letn: CIJlZ TO Tll IOAID ;m~orrzc~ (Tn FLOOI 72. BOARD OF COUNT~ COMMISSIONERS COLLIER COUNT~, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN t6A10 Euestolio Leal Socorro Santillian 2433 S 60~ Ct Cicero, IL 60650 REFERENCE 70408-018 LEGAL DESCRiP?iO::: DATE: ~57750200006 LIEN NUMBER: Tract of land described as follows, Lot Four (4), Block Two-Hundred- Ninety-Eight (298), of Marco Beach Unit Eight (8), a subdivision according to the plat thereof, recorcled in Plat Book Six (6), Pages Sixty-Three and Sixty-Eight (63 & 68), of the public records of Collier County, Florida. You, as the owner of the property aboye described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 4/8/97, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Weeds over 18" (2 ~ ft. +) You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $45.00 and administrative cost of $200.00 for a total of $245.00. Such costs, by Resolution of the Board of County 'fommissioners of Collier County, Florida, have been assessed against 'he above property on and shall bec-Jr .... lien on the ~roper'.). tn!try '~O: fJa)~s after such assessment.. You may request .~ hearlng before the Bcar~ of County Com~,iss~oners to show cause, ~f any, why the expenses an~ charges incurred sy the County under th~s Orc~n~nce are unwarranted cr e×cess~ve or why such expenses should not ccnstitute a lien against the property. Such request for hearing mus~ be r~e to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 16A1 0 RESOLUTION NO. 98- 223 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF T~E ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. ;~EREAS, as provided in Ordinance 91-47, the direct costs of abatement cf certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE iT RESOLVED BY THE BOARD OF COb~TY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: Guenter Oligschlaeger Schierenbergstr 28 72250 Freudenstadt Germany REFERENCE: 70408-061 #56806120002 LEGAL DESCRIPTION: Lot 8, Block 69, of MARCO BEACH UNIT TWO, a Subdivision according to the Plat thereof, recorded in Plat Book 6, at Page 25-31, of the Public Records of Collier County, Florida. COST $245.00 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described croperty, and if such owner fails to pay such assessment within thirty (30~ days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a liem against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and ma]ority vote. DAT~0~ Q 3 ATTEST: DWIGHT E. BROCK, CLERK ~D LEGAL 'SUFFICIENCY: 2~' ~VID WEIGEL CO~TY ATTORNEY CSce 11 - 1/98 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BAR~A- ~l [¥ERRY,~ CHA~RM~ 2350688 OR: 2444 PG: 2432 01/27/tl at Ol:lt~ 011~ I. ~!~I, CLIII 2,00 l~lOf~I~ 4~ ~! ~T 7240 BOARD OF COUNT~ COMMISSIONERS COLLIER COUNT][ , FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN 16Al 0 Guenter Oligschlaeger Schierenbergstr 28 72250 Freudenstadt Germany ~AT~: .~U N ? ~ 199F. REFERENCE 70408-061 #56806120002 LIEN NUMBER: LEGAL DESCRiPT'~": Lot 8, Block 69, of MARCO BEACH UNIT TWO, a Subdivision according to the Plat thereof, recorded in Plat Book 6, at Page 25-31, of the Public Records of Collier County, Florida. You, as the owner of the property above descrih,-,f:, a:.; r~,:orded in the records mainta~:/~-i hy the office of the Propers;' ;:Fpra:s~,r, are hereby advised that '.h~- ~'%.-.,pllance Services Manager, -J~d on 4/8/97, order the abatement ~ .~. a certain nuisance existing on the above property prohibited by Ordinance 91-4';, serving notice thereof upon you, such nuisance beinq: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Weeds over 18" (3 ft.) You fai.ed to abate such nu~..a..c_, wh~:eupon,~''.. was aLa'. ed L'/ the expenditure of puL-' ic funds at a direc' cost of $45.00 a2'J adr~inistrative cos'_ of $200.00 .~r; a total cf $245.00. Such ~ostq.~. ., by Posolution_.. of the Board of County Commissioners of Collier County, ?lorida, have been assessed aqains~ the above property on JUN ~_ i~ tg,~J~'~ and r~.ha]l become a i .... or. the r. rcr;~-ty thirty t30) days after sue:, assc-ssm¢-nt You may request a hearing before the Board of County C~.r. missioners to show cause, if an7, ~:hy the expenses and charyes .ncurreG hy the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against tr, e'property. Such request for hearing must be made to the Clerk of the-Board of County Commissioners, Government Center, Naples, Florida 34112 in writing w~thin thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 16 11 RESOLUTION NO. 98- 224 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and 'WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: Barbara K Hamory 205 Greenock Dr Greenville, DE 19807 REFERENCE: 70806-057 LEOAL DESCRIPTION: COST $245.00 Lot 10 Block 284 of Marco Beach Unit EI~a~ a Subdivision according to the Plat thereof, recorded in Plat Book 6 Page 63-68, of the Public Records of Collier County, Florida. #57741040000 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: ATTEST: DWIGHT E. BROCK, CLERK AND LEGAL SUFFICIENCY: · DAVID, WEIGEL COUNTY ATTORNEY CSce 11 - 1/98 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 2350689 OR: 2444 PG: 2434 ILICOlOlO ia OUICI~ ~lCO~OS Of CO~III CO~l, IIC m 1o.51 COPIIS Retn: lit BOARD OF CODNT~ COMMISSIONERS COLLIER COUNT~,. FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN 16All Barbara K Hamory DATE: 205 Greenock Dr Greenville, DE 19807 REFERENCE 70806-057 #57741040000 LIEN NUMBER: LEGAL DESCRIPTION: Lot 10 Block 284 of Marco Beach Unit EIGHT a Subdivision according to the Plat thereof, recorded in Plat Book 6 Page 63-68, of the Public Records of Collier Count~, Florida. You, as the owner of the property above described, as recorded in the records maintalne'] b7 the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 8/6/97, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 9i-4-;, serving notice thereof upon you, such nuisance being: Prohibited accumul&tion of non-protectedmowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Weeds over 18" (4'+) You failed to abate such nuisance; whereupon, it was abated by the expenditure of ?;blic funds at a direct cost of $45.00 and administrative cost of $200.00 for a total of $245.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed aqalnst the above property on jU~ ~ and shall bec~me a lien on the ~ropert7 thirty f20! days after such assessment. You may request ~ tearing ~e~ore the Board of County Commissioners to show cause, if any, why the e×penses an~ charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the'property. Such request for hearing must ~e made to the Clerk of the. Board of County Commissioners, Govermment Center, Naples, Elorida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 16 11 RESOLUTION NO. 98- 225 A RESOLUTION OF T~E BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF T~E ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. ~REREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTer, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEOAL DE$CRIPTION~ COST C, onzalez, Valentin & Migdalia 1237-39 NW 33'd St. Miami, FL 33142 Lot 41, Block 6, Naples Manor $ 365.00 Lake, according to the plat thereof, on file and recorded in Public Records of Collier County, Florida. Plat Book 3, Page 86, also described as Lot 41, Block 6, Naples Manor Lake Replat, Plat Book 4, page 67, Public Records of Collier county, Florida. RgFERgNCE: 62255200004 70902-084 & The Clerk of the Board shall mail a~otice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: ATTEST: DWIGHT E. BROCK, CLERK ~t*.~st ~s to Cha~man'~ s lg~.sre cnl~. APPROVED AS TO FORM AND} LEGAL S, UFF, IC~ENCY: I !;...UAVID WEIGEL COUNTY ATTORNEY CSce 11 - 1/98 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 2350690 OR: 2444 PG: 2436 UCOI~ID la OI'I'ICI[L II!C0~$ of COI, LIII COI~/I, !'I, Il/lUll at OI:ISAII I)lI~l' I. IlOCl, CLll[ COPIll tern: IlIIl01r~/ICl 4~! ILO01 ll'l' 1240 BOARD OF COUNTY COt~SSZOI~RS COLLIER COUNTZ, I~'LORZDA LEG,~L NOTICE OF ASSESSMENT OF L~EN 16 1 1 Gonzalez, Valentin & Migdalia 1237-39 NW 33=d St. Miami, FL 33142 REFERENCE 70902-084 #62255200004 LiEN NUMRER: LEGAL DESCRiP?iC::: Lot 41, Block 6, Naples Manor Lake, according to the plat thereof, on file and recorded in the Public Records of Collier County, Florida. Plat Book 3, Page 86, also described as Lot 41, Block 6, Naples Manor Lake Re1~lat, Plat Book 4, page 67, Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 9/05/97 order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protecte~ mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates & Prohibited dumping. Accumulation, storage or burial of litter, waste or abandoned property. Also, fallen dead tree, branches, limbs, etc.. You failed to abate such nuisance; whereupon, it was abated by the expenditure cf ~:sllc funds at a direct cost of $ 165.00 and administrative cost of $200.00 for a total of $ 365.00. Such costs, by Resolution of t~,: Board of County Commlssioners of Collier County, Florida, have beer~ assessed against the ~bove property on J0N 2 3 ~ and shall become a lien on the property thirty (30i days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing nust se r.~de to the Clerk of the Board of County Commissioners, Government Center, Naples, Elorida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 RESOLUTION NO. 98- 226 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-'47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, %he assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue a% a rate of twelve percent (12.0% per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME; LEGAL DESCRIPTION: COST Iarussi ET UX, Guy J ALL of Linda Park, except $ 290.00 911 Canyon View Rd. Lots 38, 39, 40, 42, 43, and 44, Apt 212 a Subdivision of Lot 51 of NAPLES GROVE AND Sagamore Hills, OH 44067 TRUCK CO'S LITTLE FARMS No. 2, less State Road right-of-way, according to the plat thereof in Plat Book 4, Page 19 of the Public Records of Collier County, Florida. REFERENCE: 55700040001 71010-027 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails tc pay such assessment within thirty '30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: O~ 2 3 !9~ ATTEST: DWIGHT E. BROCK, CLERK /// .... Attest AND, LEGAL SUFFICIENCY: 1~.. : DAVID WEIGEL COUNTY ATTORNEY CSce 11 1/98 BOARD OF COUNTY COMMISSIONERS COLLIER CObqgTY, FLORIDA BAR~RJ~ -B-: '~ERRYN., CHA~ 2350691 OR: 2444 PG: 2438 II~OIDID In O~MCIAL IICOIDS of COLLIII CO,ITT, 07/2T/~1 It Ol:ltU( DIIGtl? I. BleK[, lie rll lO.SO ¢O~'IIS 2.0! ~Z? 121t BOARD OF COUNTX COMMISSIONERS COLLIER COUNT~, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN 16Al 1 DATE: ~U~ ~ ? ~99~ Iarussi ET UX, Guy J 911 canyon View Rd. Apt 212 Sagamore Hills, OH 44067 REFERENCE 71010-027 ~55700040001 LIEN NUMBEP: LEGAL DESCRIPTIO!~: ALL of Linda Park, except Lots 38, 39, 40, 42, 43 and 44, a Subdivision of Lot 51 of NAPLES GRQVE~ AND TRUCK CO'S LITTLE FARMS NO.2, less State Road right-of-way, according to the plat thereof in Plat Book 4, Page 19 of the Public Records of Collier County, Florida. You, as the owner of the property abo-ze described, as recorded in the records maintalne-: ky the office of the Property Appraiser, are hereby advised that the Tcr. piiance Services :.:anager, did on 10/10/97 order the abatement cf a certain nuisance existing on the above property prohibited by Ordinance 91-4-, ser';lng notice thereof upon you, such nuisance being: Prohibited accumulation of non-l~rotected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. You failed to abate such nuisance; whereupon, ~t was abate~ by the expenditure of p~t'ic funds at a direct cost of $ 90.00 and administrative cos' of $200.00 for a tot&l of $ 290.00. Such costs, by 9eso~ution of the Boar~ of County Commissioners of Collier County, Florida, ha'/e teen assessed against the above property on and shall become a lien on the ~roperty thirty (30) days after such assessment. You may ._qu_st-~. ~ a nearing before the Board of Coun..y~ Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be fade to the Clerk of the Board tf County Commissioners, Government Center, :laples, Florida 34112 in writing within thirty (30) days from the daze cf this assessment tc be valid. CLERK, BOARD OF COUNTY CSce 9-. ~/~ Z 0 ~J O~ 0 .& 16 11 RESOLUTION NO. 98- 227 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: COST Garrison JR, John C & Virginia 45878 Cabin Ranch Dr. Sterling, VA 20164 Lot 5 Block 199 Unit 6 Part $ 245.00 GOLDEN GATE according to plat thereof recorded in Plat Book 5, Page 131 of the Public Records of Collier County, Florida. REFERENCE: 36315760009 71218-020 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute 'a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner, This Resolution adopted after motion, second and majority vote. DATED: ~UN 2 3 199~ ATTEST: DWIGHT E. BROCK, CLERK APPROf;ED AS TO~ORM AND/LEGAL ~UFFICIENCY: ,~DAVID WEI~EL ' COUNTY ATTORNEY CSce 1i 1/98 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 2350692 OR', 2444 PG'. 2440 07127118 at 08:lSAN I)VlGIIT I. BROCl, CLIll tlc FII I0.$0 eOf liS 2.00 tern: ~lll TO THI IFFIIOFFICl 4TS IZT 7240 BOi~D OF COUI~ CONI~SS~OI~RS COLLIER COUNTY~ FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN DATE: JUN 2 3 Garrison JR, John C & Virginia 45878 Cabin Branch Dr. Sterling, VA 20164 REFERENCE 71218-020 #36315760009 LIEN NUMBER: LEGAL DESCRIPTION: Lot 5 Block 199 Unit 6 Part GOLDEN GATE according to plat thereof recorded in Plat Book 5, Page 131 of the Public Records of Collier County, Florida. 16 11 You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 12/18/97 order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice therJof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 45.00 and administrative cost of $200.00 for a total of $ 245.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on JU~ 2 3 19~ and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and' charges incurred by the County under thi~ Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS C$ce 9- 1/93 FORM 8B MEMORAND JM OF VOTING CONFLICT COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFIC_ERS Mac'Kie, Pamela S. 330I Tamiami Tra£I Bas[ COUNTX Naples Collier ON WHICH VOlE June 23, 1998 Collier Count~, Board of Commissioners THE I~OAg. O. COUI'eCIL,. COMMISSION. AUTHORITY. Om COMMITTEE ON WHIK.'14 I SERVE IS A UNIT OF: ' CI I Y ~ COUNTY I ~ OTHER I.O(.'AI AGE4NC"I' NA&I~ OF POLITICAL ~UgLllVISIO~I: 'Collier County ~.l~ P~JStTIOee iq' ~ ELE~IV~ WHO MUST FILE FORM 88 ThLs form is for use by any person serving =t thc county, city. or other lOCal lcvcl o1' government on a~ appointed or c[ccu:d boa. rd. eouncit, commission, authority, or committcc~ It appllcs equaUy to members of advisory and non-advisory bodies who arc presented with a voting conflict of interest undc'r S~tiun 112-3143. Florida Statutes. 'rhe requirements of this law ~ mandatory;, although. the us~ of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law. Your responsibHkies under the law when faced with a measure in which you have a conflict of interest will v-aJT grrady depending oa whether you hold an elective or appointive position. For this reason, pica.sc pay close attention to thc instructions on this form before completing the rc~'erse side and filing the form. t'" : ?, INSTRUCTIONS FOR COMPLIANCE WITH SECTION ~42.~t43, FLORIDA STATUTES r/FCTED OFFICERS: A p~rson holding elective county, municipal, or ocher local public oft'icc MUST ABSTAIN F~'om voting on a measure which inures to his special private gain. Each local officer also is prohibited From knowingly voting on a measure which inures lo the special rain of a prim.qpal (other than a governtntnt agency) by whom he is retained. In tither case. you should disclose thc conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to thc assembly the nature of )'our interc~t in the measure on which you are abstaining from voting: and WITHIN I$ DAYS AFTER THE VO'L'E OCCUR5 by completing and filing this form with thc person responsible for recording thc minutes of the mecting, who should incorporate thc form in the minulcs. APPOINTED OFFICERS: A person holding appoinHve county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his sp~ial private gain. Each local officer also is prohibited from knowingly voling on a measure which inures to special gain ot' a principal (other than a government agent3') by ,vhom he is retained. .. A person holding an appointive local office otherwise may panicipa~c in a r~attcr in which he has a conflict of interest, but must disclose the nature of' thc conllict before making any attempt to influence thc decision by or-al or written communication, whether made by the ol'ficcr or al his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO iI(rFLUE~CE THE DECISION PRIOR TO THE MEETING ,ST WHICH THE VOTE WILL BE TAKEN: · Sbu should complete and file this form (before making any att¢,mpt to influcnce the de, sion! with thc pcrsan rcsponsibl¢ for recording the minutes of thc meeting, who will incorporate thc form in Ibc minutes. · A. copy of the Form should bc provided immediately to the oilier members of [he agcncy. * The form should bc read publicly at Ihe merlins prior to consideration of the matter i~ which you have a conflict of interest. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: · You should disclose orally thc nature o1' your conflict in the m~a~ure before participating. · You should compile the form and file it within 15 days al'ret the vote occurs with the potion responsible for recording the mint~es of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF LOCAL OFFICER'S INTEREST Pamela S. Mac' Kie . hereby disclose that on measure came or will come before my atency which (check one) June 23 . 19 98 : inured to my special private gain: or X . inured to the special g~in of Pamela S.' M~c'Kie, P.;{. , by whom I am r~tzincd. (b) The measure before my agency and the nature of my interest in the mea.~ure is ~ follows: AGE~DA ITEM 16.A.15. Final Acceptar~ce of wateu facilities fo£ B~Ldgewateu Condominium. Af:er consultation with 'the County Attorney, I abstained from voting on the above matter pursuant to Section 286.012, Florida Statutes, which provides that "no member of any state, county, or municipal governmental board, commissio or agency who is present 'at any meeting of'such body at which-an.6fficia! derision, rOling or other official act is .to be taken or adopted ~ay'abstain from voting...except when, with respect to any such member, there is, or appears :c be, a possible conflict of interest under the provisions of S.112.311, S.~!2.313, or S.112.3143. In such cases, said member shall comply with the disclosure requirements of S.112.3143." Jun~ 23, 1998 NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112317 (1985). A FAILURE TO MAKE ANY REQUIRED DI.~CLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR .%IORE OF THE FOLLOV,':,~G: I~I?:--¢CH.%,IENT. RE.'~IOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT. DEMOTION. REDUCTION IN SALARY. REPRI,%IAND. OR A CIVIL PENALTY NOT TO EXCEED $~.000. RESOIoUTION NO. 98- 228 A RESOI.UTION OF TIlE BOARD OF ('OUN'I"¥ COMMISSIONERS, COI.IolER COUNTY. FIoORIDA AUTllORIZING TIlE DEFERRAl. OF I.IBRARY SYSTEM IMPACT FEES, PARKS AND RE('REATION:Xl. FACII.ITIES IMPACT FEES. ROAD IMPACT FEES. WATER IMPACT FEES. SEWER IMPACT FEES. EMERGENCY ,MEDICAl. SERVICES IMPACT FEES. AND EDUCATIONAl. FACIlolTIES SYSTE,M IMPACT FEES FOR COI.I,E(;E PARK AI'.,Xl~,'I'M ENTS, A 210 UNIT AFFORDABI,E RENTAl, IlOUSIN(; PROJECT, AND SUBORDINATION OF I,IEN. WtlEREAS. ('oilier County bas recognized and attcmplcd to address thc lack of adequate and affordable housing for moderate. Iox~. and reD' Iow income hot~scholds m ('oilier ('ounlx, alld thc need tbr creative and innovative programs lo assist in Ibc pn)vision of such housing by including several provisions in thc Collier ('ountv Grox~lh M;tna~cnlcnl Plan. including: objective I.a. policy l.~.l, objcctixc 1.5. policy 1.5.2. policy 1.5.3. polic3 1.5.a. policy 1.5.5. policy 1.5.6: object 1.6. policy 1.6.3: objective 2,1. policy 2.1.1. polio5 2.1.2. policy 2,1.3. policy 2.1.5. anti policy 2.1.6 of the ttousing Elcmcnl: anti WHEREAS. College Park tloldings. IAd. xxill undertake Ibc dcxclopmcnt ol' Saxon Manor Isles Apartments. a two hundred and ten t210~ unit aflk~rdablc rcnlal housing community on a sile located in Collier Counly. Florida. of which College Park I toldings. I.td. is owner: and WIIEREAS. on April 20. 1998. an applicalion was filed ~ith thc ('oilier ('ounly Ilousing and Urban Improvement Department fi~r the delaval of Collier ('ountv impact k'es lbr thc College Park Apaamcnts consistent with the requirements of thc ('ounly impact Ik'c ordinances: and WIIEREAS. in accordance xvilh Scclion 3.4 or thc I.ihrarx Nbslcm Impact Fcc Ordinance. Ordinance No. 88.97. as amended: Section 4.O5 of thc Parks ;~ml Rccrcalional Facilities hnpact Fcc Ordinance. Ordinance No. aa-gt,, as amended: Section 3.o4 of thc Road Impact Fee Ordinance. Ordinance No. 92-22, as amended; ('oilier ('ounly as amended, thc Collier County Water System Impact,Fcc Ordinance: Collier ('ounty Ordinance No. 90-~7. as amended, thc Collier County Server System Impacl Fcc ()rdiuancc: Section 3.05 of thc Emergency Medical Se~'ices System Impact Fee Ordinance. ()rdinancc No. 91-71. as amended: and Section 3.05 of thc Educational Facilities S3s~cm Impact Fcc ()rdinancc. 16Al Ordinance No. 92-33. as amended, an applicant may obtain a deferral of one hundred percent { 100"~,) of impact fees for a period of six {6) years by qualifying for said dcfcmd: trod WIt,~REAS. College Park Apartments has qualified for an impac! Ibc dt.'fcrral based upon the following representations made by College I'ark Iloldings. I.Id.: A. The Dwelling Unit shall he the permanent residence of the occupant tcnam. B. The household renting the Dwelling I:nit must have a very low or Iow income level. at the commencement of the leasehold and duration thereof, as that terTn is defined in the Appendices to the respective Impact Fee Ordinances and the monthly rent must be within the affordable housing guidelines established in the Appendices to the respective Impact Fee Ordinances. C. Thc Dwelling Unit shall remain affordable for at least Iii'teen fl 5~ years from Iht date the certificate of occupancy was issued. I. The Board of County Commissioners hereby authorized the deferral by ('oilier County of thc following impact fees in the amounts listed below for thc lwo hundred and ICh {210~ affordable housing units to be developed by College Park tloldings. I,td. as idcntilicd in Exhibit "A": al Library System Impact Fees b) Road Impact Fees c~ Parks & Recreation Impact Fees Community Parks 399.~'~) Regional Parks 179.00 dl Emergency Services Impact Fees 2.00 c) Sev, cr Impacl Fees 1.3J, t~.O0 F) Water Impact Fees gl School Impact Fees 827.00 TOTAl. A,MOU,NT IMPACT FEES DEFERRED ~ 210 Units $ 180.52 $ 37.~.~t~9.2t~ 935.~ I 83.79fI.O¢~ 37.59tLO0 420.00 73.670.O~} :$,4,762.52 S !.000.129.20 2. A) In compliance with the provision of the Collier County impact fee ordinances, College Park Holdings. ktd. has demonstrated to the County that a subordination of tile Cot,nty's rights, 6 interests and lien is necessary to obtain financing for thc College Park Apartments. an aflbnlable housing project consisting of two hundred and ten (210) multi-family dwclling units; and B) in compliance with thc provisions of Ibc impact fcc ordinances, thc Ov,'ncr will dcli,.'er to thc County substitute collateral in lire form of cash and a cash equivalent financiul instrument payable to the County which together will yield to the County the full amoun! of the deferred impact fees, i.e.. the sum of One Million and One tlundred and Twenty Nine Dollars and 20/100 ($1,000,129.20) at the expiration of the period of the deferral, Fcbruar-.' 15. 2005, i.e.. a United States Treasury Zero Coupon Bond which will matt,re at thc end oftbc deferral period. Febn,ary 15. 2005. and. ttpon matt,rity, xv.uld yield an amount equal to the amount of the deferred fees. County covenants and ;,grees that il ,,','ill not negotiate the bond unless and until the deferred impact fees beeomc duc and payable pursuant to the terms of the Agreement for 1OO% Deferral of Collier County Impact Fees and that all moneys received by negotiation of thc bond shall be ;,pplied to the payment ofsaid deferred impact fee obligation owing by College Park }foldings. l.td. ('~ Thc County hereby covenants and consents and agrees that its rights, interests and lien pursuant to the Agreement shall be subordinated to the lien of the Mortg;tgc and Security Agreement ("Mortgage") and olhcr documents executed by O'.vnet in considen~tion thcrcxvith from College Park Holdings. Ltd. to Florida Housing Finance Corpon~tion and '['he Florida Affordable Housing Guarantee Program. or other primaD' lenders in thc principal amount of up to Eleven Million Dollars ($1 I.OOO.O00). pitts accrued inlercsl and all advances authorized under the provisions of such mortgages. 'l'he County will execute such subordination agreements as may be reasonably rcqmred by said mortgagees. 3. Deferral of said impact fees is suhjecl Io and contingent upon cxecuti{m ;.ind recordation of an Agreement for Deferral of Collier Count>' impact Fees which shall bc cnlcrcd into between tire applicant and County. 16A16 This Rcsolulion adopted after motion, second and majority vole favoring same. ATTEST: Dwight E. Brock. Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA Approved as to form and legal sufficicncy: ~leidi F. Ashton ' Assistanl County Attorncy jd'c:collegepark reso EXHIBIT "A" 16A16 LEGAL DESCRIPTION College Pnrk Apartments A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 50 SOUTtl, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 22. TOWNSHIP 50 SOUTH, R.4,NGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS THE NORTH 50.00 FEET FOR THE PURPOSE OF ROAD RIGHT-OF-WAY, CONTAINING 17.49 ACRES, MORE OR LESS. Page 1 of 2 1.6A!.6 _, It lii~ i! !il il I! l:i!i :::'~ !i~iI I ii · ; '{t ' I II ' l' ¢' !ri ! ~{ , · , ' · I [ '- ,, 4. 1I.,...!! "Ii ' '" I { I 'l ill[{ · Ill; '.4 ! i il' .s , I '' 'i~ "1 l~ :"11' ! I!l!!j ,J ~:{ ii I ! iiiiiiiii~iiii t '! , ilml iJl~l~i Jill !l~ Page 2 nf 2 AGREEMENT FOR 100% DEFERRAl, OF COLI,IER COUNTY IMPACT FEES This Agreement for the Deferral of Impact Fees entered into this .~ ofT~t~ 1998, by and betv,'een the Board of County Commissioners of Collier County, Florida~ hereinafter referred to as "COUNTY" and College Park Holdings, Ltd. hereinafter referred to as "OWNER". WHEREAS. Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, as amended, the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71. as amended, the Collier County Emergency Medical Services System Impact Fcc Ordinance; Collier County Ordinance No. 92-22, as amended, the Collier County Road Impact Fcc Ordinance; Collier County Ordinance No. 9{)-86. as amended, the Collier Count>' Water System Impact Fcc Ordinance; Collier county Ordinance No. 90-87. as amended, the Collier county Sewer System Impact Fee Ordinance; and Collier County Ordinance No. 92-33, as amended, the Collier County Educational Facilities System Impact Fee Ordinance, as they may be further amended from time to time hereinafter collectively referred to as "Impact Fcc Ordinance", provide for deferrals of impact fees for nc,,',' owner-occupied dwelling units qualifying as affordable housing; and WHEREAS, TCG I, Inc. is the duly authorized general partner with Lloyd Boggio as President; and WHEREAS, Lloyd Boggio as President oi' TCG I, Inc. has applied for a deferral of impact fees as required by the Impact Fee Ordinance, a copy of said application is on file in the Housing and Urban Improvement Department; and WHEREAS, the County Administrator or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing deferral; of impact fees as established in the Impact Fee Ordinance; and 16A16 WHEREAS, the impact fee deferral shall be presented in lieu of payment of thc requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee deferral; and WHEREAS, the COUNTY approved a deferral of impact fees in thc amount of One Million and One Hundred and Twenty Nine Dollars and 52/I00 (S I ,000.129.20) for six years from date of certificate of occupancy for College Park Apartments embodied in Resolution No. 98-.~ ao, at its regular meeting of ~t~z,~.~_ 025 , ,~ Y f and WHEREAS, the Impact Agreement with the COUNTY. Fee Ordinance requires that thc OWNER enter into an NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: I. RECITALS INCORPORATED. The foregoing recitals are tn~e and correct and shall be incorporated by reference herein. 2. LEGAL DESCRII:'TION. The legal description of the dwelling units (thc "Dwelling Unit") and the site plan are attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that thc Dwelling Unit shall remain affordable and shall be offered for rent in accordance with the standards set forth in the appendix to the Impact Fee Ordinance for a minimum of fifteen (15) years commencing from the date a certificate of occupancy is issued for the Dwelling Unit. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the following: a) The Dwelling Unit shall be the permanent residence of the occupant/tenant. b) The household renting the Dwelling Unit must have a very Iow or Iow income level, at the commencement of the leasehold and duration thereof, as that term is defined in the Appendices to the respective Impact Fee Ordinances and the monthly rent must be within the affordable housing guidelines established in the Appendices to the respective Impact Fee Ordinances. (:2) 16A16 c) The Dwelling Unit shall remain affordable for at least fifteen (! 5) years from the date the certificate o f occupancy was issued. SUBSEQUENT RENTAL OR TRANSFER. If OWNER rents thc Dwelling Unit subject to the impact fee deferral to a subsequent renter, the Dwelling Unit shall be rented only to households meeting the criteria set forth in the impact Fee Ordinance. The impact fees deferred shall be immediately repaid to the COUNTY upon thc discontinuance of use of the Dwelling Unit as affordable housing, or six years from thc date such impact fees arc deferred, whichever occurs first. OWNER agrees that even though the impact fees have been repaid to the COUNTY, the OWNER will utilize the Dwelling Unit for afibrdablc hot, sing for at least fifteen (15) years from the date the certificate of occupancy was issued for the Dwelling Unit. LIEN. The deferred impact fees shall be a lien upon the property which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement. The COUNTY acknowledges and agrees that: (a) In compliance with the provision of the Collier County Impact Fee Ordinances, OWNER has demonstrated to the COUNTY that a subordination of the County's rights, interests and lien is necessary to obtain financing for College Park Apartments, an affordable housing project consisting oftwo hundred ten (210) units; and (b) In compliance with the provisions of the Impact Fee Ordinances. tile OWNER will deliver to the COUNTY substitute collateral in the form of cash and a cash eqt, ivalcnt financial instrument payable to the County which together xvill yield to the COUNTY thc full amount of the deferred impact fees, i.e., the sum of One Million and One Hundred and Twenty Nine Dollars and 20/100 ($1,000,129.20) at the expiration o t'tlle period of the deferral, February 15, 2005, i.e., a United States Treasury. Zero Coupon Bond which will mature at thc end of the deferral period, February 15, 2005 and, upon maturity, would yield an amount equal to the amount of the deferred fees. COUNTY covenants and agrees that it will not negotiate the bond unless and until the deferred impact fees become due and payable pursuant to this agreement and that all moneys received by negotiation O 16A16 of the bond shall bc applied to thc payment of said deferred impact fcc obligation owing by College Park Holdings, Ltd. (c) Thc County hereby covenants and consents and agrees that ils rights, interests and lien pursuant to this agreement shall be subordinated to thc lien of thc Montage and Security Agreement ("Momgagc") and other documents executed by ()WNILR in consideration lhcrewith from College Park Holdings. Ltd. to Florida ttousing Finance ('oq~oration and The Florida Affordable tiousing Guarantee Program, or other primary lenders in thc principal amount of up to Eleven Million Dollars (S I l.~(l(l.~l~i~l, plus accrued interest and all advances authorized under thc provisions of such mortgages. Thc C()UNTY will execute such subordination agreements as may be reasonably rctluircd by said mo~gages. 7. ANNUAL REPOR'F. Annually. thc OWNER of the Dwelling Unit shall provide to the County Administrator an affidavit of complim~cc with lhe atlbrdablc housing qualification criteria and standards set foflh in the Impact Fcc Ordinance. Said affidavil must be filed within thirty (30) days of the annivcrsa~ date of thc issuance of thc ccnificatc o1' occupancy. If thc income of any unit renter which originally qualified as Iow income level as defined in the respective Appendix to thc Impact Fee Ordinance increases by more than I~)~y pcrccnl (40%) above the low income level described in the appendix, then thc per unit tlcfc~cd impact fee on thc non-compliance unit shall become immediately duc and payable by OWNER or. in thc alternative, thc O~VNER shall have ninety (9t3~ days ~o comply with thc Affordablc ttousi ng guidelines set Ibnh in Iht rcspcclivc Appendices. 8. RELEASE OF LIEN. Upon satisfilcto~ completion of thc Agreement requirements, and 'N upon payment of thc deleted impact fees, thc COb, Th shall, al Iht expense of the COUNTY, record any necessa~ documentation, evidencing st~cl~ paymcnl, including bul not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall be binding upon the parties to this Agreement, their heirs, successors and assigns. In thc case of sale or transl~r by gift o1' thc Dwelling Unit, the original OWNER shall remain liable for thc impact fees deferred until said impact fees are paid in full. lO. RECORDING. This Agreement shall be recorded by OWNER at thc expense of OWNER in the Official Records of Collier County, Florida within sixty (60) days after execution of this Agreement by the Chairman of the Board of C0unty Commissioners. Ii. DEFAULT. OWNER shall be in default ofthis Agreement (i) where OWNER fails to rent the property in accordance with thc affordable housing standards at~d qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the impact fees duc within thirty (30) days of notice of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in thc Impact Fee Ordinance for a period o1' fifteen (15) days after notice of violation. However, with respect to the Annual Report, OWNER shall not be in default of this Agreement until a fifteen (15) day grace period from thc due date of the report has lapsed in the event the OWNER is in default. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees deferred shall be paid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact fees deferred shall constitute a lien on the property commencing on thc effective date of this agreement and continuing until paid. Except as set forth in Section 6, such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgages, or other person except the lien for County taxes and shall be on parity with the lien of any such County taxes. Should the OWNER be in default of this Agreement and the default is not cured within thirty (30) days after written notice to the OWNER, the Board may bring a civil action to enforce the Agreement. In addition, the lien may be foreclosed or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a mortgage on real property. This remedy is cumulative with any other right or remedy available to the COUNTY. Notwithstanding the foregoing, the COUNTY shall realize upon the collateral 5 16A16, given to it by OWNER as described in Section 6c prior to exercising any rights to recover against property. The Board shall be cntitlcd to recover all fees and costs, including attorney's fees, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for deferral of Impact Fees on the date and year first above written. (2) Witnesses: -7 i. ----_ Print Na~e /)/k,, 4' /~,;."//'., Print Name OWNER: COLLEGE PARK HOLDINGS. LTD. By: L! ~.~ Pre~ (CORPORATE SEAL) DATED: ,~,, ATTEST: DWIGHT E. BROCK, Clerk COUNTY: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA signature on 1.~. Approved as to f(~rm and legal sufficiency, Heidi F. Ashton Assistant County Attorney 6 16Ai6 COUNTY OF ~,'~.,~,~ The foregoing tnstrument was acknowledged before me th~s ,~t' day of ~a~-~, , 1998 by L!oydBoggio, President of TCG l, Inc., G4mcral Partnex-~f TRG !l~, ln~,--Gen~rat- Partnerof Jeffrey Sharkey Consultants, General Partner of College Park Holdings, Ltd. on behalf ofthe Partnership. He is personally knoxvn to me or has produced (type of identification) as identification. Signature of person taking acknowledgment · f_~ ' ,t~.I ,~', "L..;, ,~- Name of Acknowledger Typed, Printed or Stamped j~c/college par~agreement II ~'- ~ EXHIBIT "A" 16A16 LEGAL DESCRIPTION College Park Apartments A PARCEL OF LAND LOCATED IN THE NORTtlWEST QUARTER OF SECTION 22, TOWNSHIP 50 SOUTII, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOV¥S: THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 22. TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS TIlE NORTH 50.00 FEET FOR TIlE PURPOSE OF ROAD RIGHT-OF-WAY, CONTAINING 17.49 ACRES, MORE OR LESS. 8 /".1. 4{1:1~1 COLLIER COUNTY LAND DEVELOPMENT CODE THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this ~__ day o~ 19~ between MSTEP EMBASSY L.P. hereinafter referred to as "Developer" and the Board of County Commissioners of Collier County. Florida, hereinafter referred to as the "Board". RECITALS A. Developer has, simultaneously with the delivery of this Agreement. applied for the approval by the board of a certain plat of a subdivision to be known as Brittany Place Phase I at Embassy Woods B. Division 3.2 of the Collier County Land Development Code requires the Developer to post appropriate guarantees for the construction of the improvement required by said subdivision regulations, said guarantees to be incorporated in a bonded agreement for the construction of the required improvements. NO~,¥. THEREFORE. IN consideration of the foregoing premises and mutual covenants hereinafter set forth Developer and the Board do hereby covenant and agree as follows: I. Developer will cause to be constructed Streets (paving, gutter, fill) Street Lights Utilities (water and sewer) within 36 months from the date of approval said subdivision plat, said improvements hereinafter referred tas the required improvements. Developer herewith tenders its subdivision performance secunty lattached) hereto as Exhibit "A" and by reference made a part hereof in the amount of $5,109.63 ~'hich amount represents 10% of Ihe total contract cost to complete construction plus 100% of the estimate cost Io 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 until a statement of substantial completion by Developer's engineer along with the final pro. get records have been finished to be reviewed and approved by the Development Services Director for compliance with the Collier County Land Development Code. The Development Services Director shall, wiihin sixty (60) days of receipt of the statement of substantial completion, either a) notify the Developer in writing of his preliminary approval of the improvements, or b) notify the Developer in writing of his refusal to approve improvements therewith specifying those conditions which the Developer must fulfill in order lo obtain the Director's approval of the improvements. However, in no event shall Ihe Developmenl Ser,nces 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. The Developer shall maintain all required improvements for a minimum period of one year after preliminary approval by the Development Services Director. After the one year maintenance period by the Developer has terminated, the Developer shall petition the Development Services Director to inspect the required improvements. The Development Services Director or his designee shall inspect the improvements and, if found to be still in compliance with the Collier County Land Development Code as reflected by final approval by the Board, the Board shall release the remaining 10% of the subdivision performance security. The Developer's responsibility for maintenance of the required 16A19 Six (6) months after the execution of this Agreement and once within every six (6) months thereafter the Developer may request the Development Services Director to reduce thc dollar amount of thc subdivision performance security on the basis of work complete. Each request for a reduction in thc dollar amount of the subdivision performance security shall be accompanied by a statement of substantial completion by the Developer's engineer together with thc project records necessary for review by the Development Services Director. The Development Services Director may grant thc request for a reduction in the amount of the subdivision performance security for the improvements completed as of the date of the 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 shall be accompanied by a statement of substantial completion by the Developer's engineer together with the project records necessary for review by the Development Services Director. The Development Services Director may grant the request for a reduction in the amount of the subdivision performance security for the improvements completed as of the date of the request. 9. All ofthe terms, covenants and conditions therein contained are and shall be binding upon the Developer and the respective successors and assigns of the Developer. IN WITNESS WHEREOF. The Board and the~l~veloper haycock_used this Agreement to be executed by their dub, authorized representatives this ~ day ofd./~ .19~.~. ' Witness tq;. Arthur J.Falcone sign ' print ~_CI/~Ics M. Bliack print Ha/Tier K. Farnham ATTEST: DWIGHT E. BROC.K.,. CLERK- X" Countx Attome~ MSTE/P/EMBASSY L.P. Arthur l:F~one. Manager/Member / BOARD OF C0LJSI¥ COMMISSIONERS OF COI/L~R CO(JNTY. FLOR1 DA/~ . 16A21 COLLIER COUNTY LAND DEVELOPMENT CODE THIS CONSTRUCTION AND ,MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this ~ day of,~at,¢- 19~between MSTEP EMBASSY L.P. hereinafter referred to as "Developer" and the Board ofCourfi~ Comhaissioners of Collier County, Florida, hereinafter referred to as the "Board". RECITALS A. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the board of a certain plat ora subdivision to be known as Brittany Place Phase II at Embassy Woods B. Division 3.2 of the Collier County Land Development Code requires the Developer to post appropriate guarantees for the construction of the improvement 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: I. Developer will cause to be constructed Streets (paving, gutter, fill) street Lights Utilities (water and sewer) within 36 months from the date of approval said subdivision plat. said improvements hereinafter referred tas the required improvements. Developer herewith tenders its subdivision performance security (attached) hereto as Exhibit "A" and by reference made a part hereof in the amount of $144,782.00 which amount represents 10% of the total contract cost to complete construction plus 100% of the estimate 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 until a statement of substantial completion by Developer's engineer along with the final project records have been finished 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 of the statement of substantial completion, either a) notify the Developer in writing of his preliminary approval of the improvements, or b) notify the Developer in writing of his refusal to approve improvements therewith specifying those conditions which the Developer must fulfill in order to obtain the Director's approval of the improvements. However. in no event shall the Development Services Director reft:se prel'minary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. The Developer shall maintain all required improvements for a minimum period of one year after preliminary approval by the Development Services Director. After the one year maintenance period by the Developer has terminated, the Developer shall petition the Development Services Director to inspect the required improvements. The Development Services Director or his designee shall inspect the improvements and, if found to be still in compliance with the Collier County Land Development Code as reflected by final approval by the Board, the Board shall release the remaining 10% of the subdivision performance security. The Developer's responsibility for maintenance of the required 16A21 Six (6) months after the execution ofthis Agreement and once within every six (6) months thcrcaftcr the Developer may request the Development Services Director to reduce thc dollar amount of the subdivision performance security on the basis of work complete. Each request for a reduction in tile dollar amount of the subdivision performance security shall bc accompanied by a statement or' substantial completion by the Developer's engineer together with the project records necessary For review by the Development Services Director. The Development Services Director may grant thc request for a reduction in the amount of the subdivision performance security for the improvements completed as of the date of the request. In the e~.ent 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 shall be accompanied by a statement of substantial completion by the Developer's engineer together with the project records necessary, for review by the Development Services Director. The Development Services Director may grant the request for a reduction in the amount of the subdivision performance security for the improvements completed as of the date ..:f the request. 9. All of the terms, covenants and conditions therein contained are and shall be binding upon the Developer and the respective successors and'assigns of the Developer. IN WITNESS WHEREOF. The Board and the. Developer have caused this Agreement to be executed by their duly authorized representatives this ~ day of~ 19.,~ Witness to: ~,rthur J.Falcone sien .('t,. . print,,,Ch~rl¢~ MJBlack s,gnC ,4( print }tarrier I<; Famham A'FTEST: DWIGHTE. BROCK. CLERK ...'- .... - .....,... , . , - , st~na:u~-e only. App?ved~ .';~t° J ~;~: ~~legalsufficiency Da~d C Weigel Count5 Atto~<5 MSTEP EMBXS,$Y I/.P. Its' G,~nera,~?~. BOARD ~ C~UNTY COMMISSIONERS OF CO~R ~UNTY. F~ID~ . x RESOLUTION NO. 98- RESOLUTION TO TEMPORARILY CLOSE PIPER BOULEVARD IMMEDIATELY EAST OF CYPRESS WAY EAST AND TO REDUCE TIlE POSTED SPEED LIMIT ON IMMOKALEE ROAD (C.R. 846) EAST AND WEST OF JUNCTION AIRPORT- PULLING ROAD (C.R. '31), AND ALSO ON AIRPORT-PULLING ROAD (C.R. 31) SOUTI! OF JUNCTION IMMOKALEE ROAD (C.R. 846) FROM FORTY-FIVE (45) MILES PER IlOUR TO TlilRTY- FIVE (35) MILES PER IIOUR WITIilN TIlE CONSTRUCTION LIMITS FOR TIlE AIRPORT- PULLING ROAD BRIDGE PROJECT, AND ~VITlllN WORK ZONES TIlE SPEED SllALL BE REDUCED TO TWENTY-FIVE (25) MILES PER llOUR FOR Tile DURATION OF CONSTRUCTION. WHEREAS, Section 316.159, Florida Statutes and Collier County Ordinance No. 91-25 authorize the Board of County Commissioners to alter or to establish speed limits on roads under its jurisdiction; and WHEREAS, lmmokalee Road (C.R 846), Airport-Pulling Road (C.R. and the proposed Airport-Pulling Road bridge structure across the Cocohatchee Canal are County transportation facilities under the jurisdiction of the Board of County Commissioners; and WHEREAS, in accordance with Section 316.189, Florida Statutes and Collier County Ordinance No. 91-25, a traffic analysis has been performed for lmmokalee Road (C.R. 846) and Airport-Pulling Road (C.R. 3 I); and WHEREAS. the traffic analysis indicates that a temporary reduction in the posted speed limit for that portion of Immokalee Road (C.R. 846) approximately one-quarter (I/4) mile east and west of junction Airport-Pulling Road (C.R. 31) and for Airport-Pulling Road (C R. 31) approximately one quarter (I/4) mile south of junction Immokalee Road (C.R. 846) from forty-five (45) miles per hour to thirty-five (35) miles per hour is reasonable for public safety purposes within the overall project construction limits, and that such action is consistent with criteria promulgated by the Florida Department of Transportation and by the American Association of State Highway and Transportation Officials; and WliEREAS, the scope ot' the Airport-Pulling Road bridge construction project and the Maintenance of Traffic Plan attendant thereto indicates that a lbB 2 speed reduction to twenty-five (25) miles per hour within localized work construction zones at and near the lmmokalee Road (C.R. g46)/Airport-Pulling Road (C.R. 31)/Piper Boulevard intersections is reasonable for public and contractor safety purposes, and that such action is consistent with criteria promulgated by the Florida Department of. Transportation and by the American Association of' State Highway and Transportation Officials; and WHEREAS, the scope, character, and sequence of the Airport-Pulling Road bridge construction project and the Maintenance of Traffic Plan attendant thereto necessitates adequate space and staging areas for contractor's safe and efficient execution of. the work and as such the temporary closure otr Piper Boulevard at the bridge construction zone is deemed to be in the best interest of the County and the public. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COI~t~1ISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: Section I. The posted speed limit along the lmmokalee Road (C.R. 846) construction limits shall be reduced to thirty-five (35) miles per hour approximately one-quarter (I/4) mile east and approximately one-quarter (I/4) mile west of.junction Airport-Pulling Road (C.R. 31). Section 2. The posted speed limit along the Airport-Pulling Road (C.R. 31) construction limits shall be reduced to thirty-five (35) miles per hour approximately one-quarter (1/4) mile sooth of'junction lmmokalee Road (C.R. 846). Section 3. The posted speed limit within localized work construction zones at and near the Immokalee Road (C.R. 846)/Airport-Pulling Road (C.R. 31)/Piper Boulevard intersection areas shall b~ reduced to twenty-five (25) miles per hour. Section 4. The Piper Boulevard roadway segment immediately east or' Cypress Way East in the vicinity of. the proposed Airport-Pulling Road Bridge construction project shall be closed to public through traffic, with appropriate signage to be installed to effectuate a temporary detour with provisions for necessary periodic usage by public emergency vehicles as may be warranted. 16B 2 Section 5. The subject temporary speed reductions combined with the temporary physical closure of Piper Boulevard and resultant traffic detouring shall become efl'ective from the construction Notice to Proceed date County issues unto its contractor, and such actions shall remain in effect until the date upon which the Collier County Public Works Division declares construction work substantially complete and/or roadway operational conditions are determined to be safe for re-establishment of original posted speed limits as may be amended or supplemented by the designs for the Airport-Pulling Road bridge project. BE IT FURTHER RESOLVED that the Transportation Services Department is hereby authorized and directed to proceed with the temporary closure of Piper Boulevard and to erect speed limit signs in accordance with this Resolution, and a copy of this Resolution shall be tendered to the Collier County Sheriff for proper enforcement of speed limits establi~i~ed hereby. This Resolution adopted after motion, second, and majority vote. ATTEST Dwight E. Brock, Clerk ~,t), DepUty CJerk / Approved as to form and legal sufficiency: l~eidi F, Ash'ton ' Assistant County Attorney RESOL.VAR Ih001 BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA JOINT SUPPLEMENTAL INTERLOCAL AGREEMENT BETWEEN LEE AND COLLIER COUNTIES REGARDING THE DESIGN, PERMITTING, RIGHT-OF-WAY ACQUISITION, AND CONSTRUCTION OF THE LIVINGSTON ROAD/IMPERIAL STREET CONNECTION This Joint Supplemental Interlocal Agreement (Agreement), made and entered into this ,~3 day of .~E~=3Z~, 1998, b'y and between Collier County, a political subdivision of the State of Florida, through its Board of County Commissioners, the governing body of Collier County and Ex-Officio as the governing body of the Collier County Water-Sewer District, hereinafter referred to as "Collier", and Lee County, a political subdivision of the State of Florida, hereinafter referred to as "Lee". WITNESSETH: WHEREAS, Collier and Lee by and through their respective Boards of County Commissioners, entered into a Master Interlocal Agreement dated September 6, 1989, concerning the joint planning, design, construction, and maintenance of road improvements within a specified boundary area of Collier County and Lee County; and WHEREAS, the Master Interlocal Agreement calls for either party to initiate conditions of joint participation for potential joint road projects and to draft an appropriate Joint Supplemental Agreement which would establish road improvement commitments as part of each county's individual Five-Year Capital Improvement Programs; and WHEREAS, a two lane extension of Livingston Road from lmmokalee Road in Collier County north to Bonita Beach Road in Lee County, connecting into the existing Imperial Street alignment, is a component of both the Lee County 2020 Financially Feasible Plan and the Collier County 2020 Financially Feasible Plan; and WHEREAS, the Livingston Road/Imperial Street Connection will provide an alternative for intra-county travel between North Naples and Bonita Springs, thereby relieving traffic congestion on US 41, 1-75 and other roadways in both counties; WHEREAS, Collier has acquired portions of the right-of-way and has obtained the environmental permits necessary to construct the Livingston Road project south of the Lee/Collier County line (hereinafter "County line"), but these permits will expire during or prior to 2005; and G:~L~MC~DMCDO~COLLIER.WPD 060998 Page 1 of 5 Aga 7-].4-98 OR: 2446 PG: 1304 16B ' WHEREAS, Long Bay Partners, L.L.C., a Florida Limited Liability Company (Long Bay) has entered into an agreement with Collier to facilitate the construction of Livingston Road from its current terminus approximately 700 feet north of Immokalee Road to the County line prior to the expiration of the environmental permits; and WHEREAS, Collier and Lee desire to maximize the public benefit of the Livingston Road extension by planning and implementing a northerly extension to Bonita Beach Road; and WHEREAS, Long Bay has proposed to enter into an agreement with Lee County to facilitate the construction of the Livingston Road Extension from the County line north to Bonita Beach Road, connecting to Imperial Street. This proposed agreement was approved in concept by the Board of Lee County Commissioners through adoption of Resolution #98-02--05 on February 3, 1998; and WHEREAS, the Livingston Road/Imperial Street Connection is proposed to be developed in three phases: Phase I is the segment from its existing terminus approximately 700 feet north of Immokalee Road to the proposed access point for Long Bay's property; Phase II is the segment from the proposed access point for Long Bay's property to the County line; and Phase I!1 is the segment from the County line to Bonita Beach Road; and WHEREAS, Lee and Collier now desire to set forth their respective responsibilities in detail; and WHEREAS, it is agreed by Lee and Collier that this Joint Supplemental Interlocal Agreement is in the best interest of and is a substantial benefit to the general public. NOW, THEREFORE, in consideration of the above premises and other good and valuable consideration, the receipt of which is hereby acknowledged, and in further consideration of the mutual covenants hereinafter contained, it is agreed by the parties as follows: 1. Collier County Responsibilities: By December 31, 1999, Collier will complete the design work and right-of- way acquisition for the two lane Phase I of the ultimate four- or six lane arterial roadway, from approximately 700 feet north of Immokalee Road to the proposed entrance of Long Bay's property (except for that portion of G:~U~MC~:)MCDO'P, COLLIER.WPD Page 2 of 5 060998 OR: 2446 PG: 1305 right-of-way to be provided by Long Bay upon commencement of construction). Bo By December 31, 2000, Collier will complete the design work and right-of- way acquisition for the two lane, Phase II of the ultimate four or six lane arterial roadway, from Long Bay's proposed land development access to the Lee County line (except for that portion of right-of-way to be provided by Long Bay upon commencement of construction). Co Long Bay, on behalf of Collier, will construct two lanes of Phases I and II for impact fee credits, subject to the conditions and terms set forth in the previously executed agreement between Collier and Long Bay. Collier will be responsible for Construction Engineering and Inspection (CEI) for Phases I and II during the course of construction by Long Bay. Eo Collier will prepare an access management plan for Phases I and II of the road corridor between Immokalee Road and the County line (approximately 3 miles), and will coordinate with Lee in determining the appropriate level of access control, which may affect Lee's transportation goals and objectives in the Phase III Livingston Road extension. Collier will then adopt the access management plan' in accordance with its Land Development Code. Upon completion of the two-lane construction by Long Bay and acceptance of the roadway in accordance with the requirements of the Collier County Land Development Code, Collier will be responsible for maintenance of the roadway from Immokalee Road to the County line. Lee County Responsibilities: Lee will amend its Capital Improvement Program (CIP) in 1998 to provide for the design and environmental permitting for the two lane Phase III of an ultimate four or six lane arterial roadway in fiscal year 1998/99. The initial two lane and ultimate four or six lane arterial roadway will connect with the proposed Livingston Road corridor at the County line and will connect to the existing Imperial Street. The plans will be staged to allow for the initial construction of two of the ultimate four or six lanes. Bo Lee will amend its ClP in 1998 to provide for the right-of-way acquisition for the two lane Phase III of an ultimate four or six lane arterial roadway in G:~LU~DMC~DMCDOT~COLLIER.WPD Page 3 of 5 060998 OR: 2446 PG: 1306 fiscal year 1999/2000. The subject right-of-way acquisition will involve land from the County line to Bonita Beach Road in the vicinity of the ~ section line of Section 1, Township 48 South, Range 25 East. The Phase 111 acquisition of right-of-way will be timed so as to allow for construction of two lanes of the roadway to commence by January 1, 2001. The construction of two lanes will be undertaken by Long Bay for impact fee credits, subject to the execution of a separate agreement between Lee and Long Bay. Lee will be responsible for Construction Engineering and Inspection (CEI) for Phase Iil during the course of construction by Long Bay. Lee will prepare an access management plan for the road segment between the County line and Bonita Beach Road (approximately 1 mile). Lee will coordinate with Collier.in determining the appropriate level of access control. Lee will then adopt a controlled access resolution to establish the access points on the corridor. After construction of the Phase III two-lane road is complete and the road is accepted in accordance with the requirements of the Lee County Land Development Code, Lee will be responsible for maintenance of the roadway from the County line to Bonita Beach Road. GENERAL PROVISIONS Neither County will be responsible for claims, liabilities, losses, and causes of action arising out of the acts, errors, omissions, or negligence of the other County, its contractors, agents or representatives. This agreement constitutes the entire understanding between the parties, and any previous Agreements, whether written or oral, is superseded by this Agreement. This Agreement may be amended only upon the concurrence of both parties and executed with the same formalities as this original Agreement. IN WITNESS THEREOF, the parties hereto have caused these presents to be executed by their duly authorized officers and their official seals hereto affixed, the day and year first written above. G %LADMC~)MCDOT~COLLIER.WPD Page 4 of 5 060998 OR: 2446 PG: 1307 168.~ Collier County Clerk of Courts B y: ~//~.. ~...... ~--~ ,.,,/,. / , Deputy Clerk t Attest as t~ Chairman's signature Board of County Commissioners of Collier County, Florida as the governing body of Collier County and Ex-Officio as the governing body of the Collier County Water-Sewer District Barba-T~). B~)rr~,'Chai)man ~ Approved as to form Offic.~ of the Collier County Attorney ATTEST: Charlie Green, Clerk By: ,~ /-Depu'-{yYClerk LEE COUNTY, FLORIDA BY ITS BOARD OF CJD~IN'TY COMMISSIONERS "~ -J";~- Chairman Appro,~ as to form by the Offic/6 of the Lee Cou/0J?'Atto~ey _:1 /.', .... ,:/..., ,.. ~y; ..~: c,., -~ ', -/.:-.- ~, L :', ~.,':' .~ Exhibit: Map of Livingston Road/Imperial Street Corridor G:%LRDMC~MCDO~COLLIER.WPD Page 5 of 5 060998 *** OR: 2446 PG: 1308 1683 Z <Z 0z ~0 Project No. 69101 S/A NO. 4 9 SUPPLEMENTAL AGREEMENT TO CONSULTING ENGINEERING SERVICES AGREEMENT THIS SUPPLEMENTAL AGREEMENT. made and entered into this _2.~..~ day of~. 1998. by and bctxvcen thc Board of Counly Commissioners. Collier County. Florida, a pol~qcal subdivision of thc State of Florida, hereinafter called thc COUNTY. and I Iolc. Montes and Associates, Inc. o£ 715 Tenth Street, South. Naples, Florida 34102. duly authorized to conduct business in thc State of Florida. hereinafter called thc CONSULTANT. WITNESSETH WHEREAS, the COUNTY and CONSULTANT heretofore on 21 May 1991 entered into an Agreement whereby the COUNTY retained the CONSULTANT to furnished certain consulting services in connection with proposed construction of C.R. 8.16 four laning improvements, Phase I&ll. (Jct. i-75 to Jct. C.R. 951 ), County Project No. 69101; and, V*'HEREAS. the Count)' desires to modify thc terms of said Agreement. and toward that end it is necessary Io: TO REVISE AND. OR EXPAND UPON THE SCOPE OF ORIGINAL SERVICES OF THE PROJECT SPECIFICALLY RELATING TO ADDITIONAL PLANS PREPARATION AND TO COMPENSATE THE CONSULTANT FOR ADDITIONAL COSTS TO BE INCURRED FOR SAID ADDITIONAL SERVICES. CONSULTANT'S FEE PROPOSAL FOR ADDITIONAL SERVICES DATED 18 JUNE 1998 IS ATTACHED AS EXH1BIT "A" AND IS HEREBY INCORPORATED AND MADE A FORMAL PART OF THIS SUPPLEMEN'I Air NO. 4. NOV,' THEREFORI!. thc ('onsnhing Engineering Services Agreement is hereby amended and supplemented as follows: !. CONSULTAN] shall perform sen'ices for the construction plans revision and update in accordance with Exhibit "A" auachcd hereto. 2. Contract fcc adj.stmcnl and status (this Supplemental Agreement No. 4): 3.1 Original maximum contract fee = SI50.000,¢~) 3.2 S/A No. I = S299,756.53 3.3 S/A No. 2 =$ 25,921.62 3.4 S'A No. 3 = S 3.5 This S/A x/o. 4 contract fee :. SI81,945.00 Maximum and current contract fee = S693,523.15 4. Contract time adjustment: Increase 18, calendar days 5. Contract compicI~on lime to be dctcmfincfJ by Notice to Proceed, 6. The revised al~d c.rrcnt lump sum contract amount as stated above includes costs for overhead, fringe benefits, out-or-pocket expenses, profit margin, and all other direct and indirect costs and expenses. 7. Except as herch~ modified, amended, or changed, all of the terms and conditions ofsaid original Consulting Engineering Sen'ices Agreement shall remain in full force and effect. IN WITNESS WHEREOF. thc parties hereto have caused these presents to be executed the day and year first above written. AS TO 'FILE BOARD OF COUNTY COMMISSIONERS: Page l of 2 Ajar, sat ~oant7 k~ AS TO THE CONSULTANT: SIGNED. SEALED. AND DELIVERED IN THE PRESENCE OF: ___.,:__ Walter F. Gilcher, Jr. FIRST WITNESS (NAME WRITTEN) D WITNESS (NAME Wt~IT'rEN) STATE OF FLORIDA COUNTY OF LEE lbB 9 Project No. 69101 S/A N0. 4 BOARD OF COUNTY COMMISSIONERS COLLIER COL"NTY, FLORIDA HOLE. MONTES AND ASS~IATES, INC. ATr~ ST- - ~ ~' t ut 'Cl~rk Ned E. Dewhi~L Vice President (CORPORATE SEAl.) Before mc. thc undersigned authority, this day personally appeared Roberl L. Murray and Ned E. Dewhirst, to me well known and known to me to be Sr. Vice President and Vice President respectively, of thc Corporation named in the foregoing AgreemenL and they severally acknowledged Io and before me that they executed said Agreement on behalf of and in Ihe name of said Corporation as such officers; that the seal affixed to said Agreement is the corporate seal of said Corporation and that it was affixed thereto by due and regular Corporate authority; that they arc duly authorized by said Corporation to executc said Agreemenl and that said Agreement is the free act and deed of said Corporation. i'~' IN WITNESS WHEREOF, I have hcrclo scl my hand and afffxed my official seal this / ~--~ day of z"-~,--c- .A.D. 1998. U N'ota'nff Public in and rot the County ~nd State aforesaid, My Commission Expires: ', ~y ~- ~ cc.~ Page 2 of 2 o 16B 9 June 18, 1998 Mr. Micah K. Massaquoi, P.E. Collier County Government Center, Bldg. D Office of Capital Projects Management 3301 East Tamiami Trail Naples, FL 33962 RE: IMMOKALEE ROAD, PHASE II COLLIER COUNTY PROJECT NO. 69101 PROPOSED SCOPE OF SERVICES AND FEE HMA FILE NO. 89.99 Dear Mr. Massaquoi: In accordance with your request and based on recent meetings with OCPM personnel, Hole, Montes & Associates, Inc. (HMA) is pleased to submit this proposal to Collier County (County) for providing professional engineering services to prepare the design modifications necessary for updating and revising construction plans for the referenced project. HMA proposes to provide the following professional engineering services for the Collier County Office of Capital Projects Management: 1. SCOPE OF SERVICES (See Attachment - Pages 1 to 8) SUBCONSULTANTS HMA proposes to utilize the firm of Kucera International Inc. (Kucera South) to provide aerial photography and photogrammetric services as outlined in Task 2 of the Scope of Services. HMA also proposes to utilize the firm of James E. Hirst & Associates, Inc. as our structural consultant to perform the services outlined in Task 10 of the Scope of Services. 3. ADDITIONAL SERVICES Services not specifically included herein will be performed on a time and material basis in accordance with the rate schedule attached to this proposal. Additional services will be performed only as requested and authorized by the County. ~2~I~-F I~£S~C)~Iqi~TIAL C4:X,~IT FO~T MYERS FLO~IIOA 33919 813.4~'I.7874 FAX fft3.481.lOS$ Mr. MicaP K. Massaquoi, P.E. June 18,1998 Page 2 16B When such additional services can be identified in advance, HMA will provide an estimated fee and obtain written authorization from the County. 4. SCHEDULE HMA proposes to complete the tasks described in the Scope of Services within 180 calendar days of receipt of a written notice to proceed with a completion schedule, generally as indicated below. Per Cent Complete Days Followinq NTP 30% 60 60% 105 90% 150 100% 180 5. FEES AND COMPENSATION HMA proposes to complete the tasks described in Scope of Services for a total proposed fee of $181,945. A projected manhour and cost summary (3 pages) is attached which provides a breakdown of each proposed task fee. All tasks are proposed to be lump sum tasks with the exception of Task 13.00 - PERMITS which is proposed to be a not to exceed task. Invoices will be submitted at each month end in an amount proportional to the percentage of actual work completed during the respective billing period for'lump sum tasks and on a time and material basis for not to exceed tasks. Thank you for the opportunity to submit this proposal and we look forward to working with you on this project. Very truly yours, HOLE, MONTES & ASSOCIATES, INC. Walter F Gilche~ Project Manager WFG/ Attachments cc: R. Murray R. Liggins 9 ~Hma_fmyl~ 1989~8909~WFG'~,e(MS06181.doc 9 6/1198 HOLE, MONTES & ASSOCIATES, INC. Consultant's Employee Hourly Rate Schedule Engineer V (Principal) Engineer V Engineer IV Engineer III Engineer II Engineer I Engineer Tech V Engineer Tech IV Engineer Tech III Engineer Tech II Engineer Tech I Contractor Administrator (P.E.) Contractor Administrator Construction Field Representative IV Construction Field Representative III Construction Field Representative II Construction Field Representative I Planner IV Planner III Planner II Planner I Surveyor V Surveyor IV Surveyor III Survey Tech IV Survey Tech III Survey Tech II Survey Tech I 2 Man Survey Crew 3 Man Survey Crew Technician IV (Clerical) Technician III (Clerical) Technician II (Clerical) Technician I (Clerical) Subconsultants/Subcontractors Reimbursable Expenses Mileage Concrete Monuments Permanent Reference Monuments $130.00 Per Hour $110.00 Per Hour $ 95.00 Per Hour $ 75.00 Per Hour $ 65.00 Per Hour $ 55.00 Per Hour $ 65.00 Per Hour $ 60.00 Per Hour $ 55.00 Per Hour $ 50.00 Per Hour $ 40.00 Per Hour $ 80.00 Per Hour $ 60.00 Per Hour $ 60.00 Per Hour $ 55.00 Per Hour $ 45.00 Per Hour $ 35.00 Per Hour $ 95.00 Per Hour $ 70.00 Per Hour $ 60.00 Per Hour $ 45.00 Per Hour $ 90.00 Per Hour $ 70.00 Per Hour $ 55.00 Per Hour $ 55.00 Per Hour $ 50.00 Per Hour $ 45.00 Per Hour $ 40.00 Per Hour $ 85.00 Per Hour $ 98.00 Per Hour $ 45.00 Per Hour $ 40.00 Per Hour $ 35.00 Per Hour $ 30.00 Per Hour Cost + 15% Cost + 15% $ .30 Per Mile $ 10.00 Each $ 10.00 Each W:~198g~909e~HMAFEESCHED doc 16 1 9 Date: June I 8, ! 998 SCOPE OF SERVICES for IMMOKALEE ROAD~ PilASE iI~ !-75 TO C.R.951 BASIC SERVICES Section !. GENERAL SCOPE STATEMENT The CONSULTANT shall provide and perform the following professional services which shall constitute the GENERAL SCOPE of the SERVICES, The CONSULTANT shall conduct surveys, prepare final plans and specifications, cost estimates, bid documents, and coordinate all utility system adjustments, for the construction of the roadway improvements and appurtenances. In 1994, the CONSULTANT completed the design and prepared bidding documents for the four laning oflmmokalee Road from 1-75 to C.R. 951'. The plans generally included the details for the widening of the roadway (plan and profile, cross sections, drainage details, etc.), signing and marking plans, structural plans for a box culvert extension prepared by James E. Hirst & Associates, and utility adjustment plans. The project as originally designed in 1994 was not constructed, It is now the desire of the COUNTY to construct the project with the construction scheduled to proceed on or about April I, 1999. It is also the desire ofthe COUNTY to add a sidewalk along the southerly edge of the roadway and to design the roadway four laning improvements such that the project can be six laned in the future by adding an additional eastbound and westbound through lane to the median side of the four laned roadway. In order to construct the roadway improvements as indicated above, it will be necessary to modify the original plans. These modifications will generally include updating the plans to depict current existing conditions, revision of the typical roadway section or sections to accommodate a sidewalk and future six laning, updating the plans to current standards and design criteria, revision of the median access openings, revisions to roadway surface drainage collection along the south side of the roadway and accommodation of new accesses along both sides of the roadway. In May 1998, the CONSULTANT prepared a preliminary design report which included recommendations for a new four lane and future Six lane typical section, access management, future year traffic volumes and turn lanes at the major intersections. The "Revised Typical Section No. 1" (Sheet No. 2 of 3), the access management plan, and the future year traffic volume projections included in the referenced report will provide the basis for the modification of the original plans. In addition, the following items will be addressed and incorporated in the plans: Page I of g I. Irrigation conduits across median openings. 2. Realignment of Broken Back Road to align with C.R 951. 3. Coordination with the SFWMD Big Cypress Basin regarding the alignment and width for a "con-span" typc bridge to be designed and constructed by thc SFWMD Big Cypress Basin across the Cocohatchee Canal at C.R. 951. 4. A means of access to thc Cocohatchee Canal R/W through thc guardrail at selected locations along the northerly edge of the roadway. This design feature will also require coordination with the Big Cypress Basin. Section 2. TASKS Pursuant to the GENERAl. SCOPE of the SERVICES stated above, the CONSULTANT shall perform all services and/or work necessary to complete thc following task(s) and/or provide thc following item(s). TASK ! .00 2.00 3.00 4.00 5.00 6.00 7.00 8.00 9.00 10.00 I i.00 12.00 13.00 14.00 ! 5.00 ! 6.00 INDEX Public Involvement Program {NOT USED) Engineering and Land Surveys Geotechnical Services (NOT USED) Environmental Inventory (NOT USED) Off-Site Storm Water Improvements (NOT USED) Not Used Roadway Plans Utility Coordination Right-of-Way Plans (NOT USED) Signalization and Street Lighting Plans {NOT USED) Signing and Pavement Marking Plans Railroad Crossing Design and Coordination {NOT IJSED) Permits Final Bidding and Contract l)ocuments Advisory Services During Bidding Post-Design Services (NOT IJSF. D) TASK i.00- PUBLIC INVOLVEMENT PROGRAM {NOT USED} TASK 2.00 - ENGINEERING AND I.AND SURVEYS The CONSULTANT shall perform engineering, land survey, and aerial photography services necessary for the subject project as outlined: reference all centerline survey control points. establish the bench line on National Geodetic Vertical Datum (1929) throughout the project and tie property lines to comply with Florida Department of Natural Resources Rule. Florida Administrative Code Chapter 16 Q-3 ( Florida Statute 177 - Part Two). Survey work shall be performed under the responsible charge of a Professional Land Surveyor registered in the State of Florida and shall be accomplished in accordance with the Florida Department of Transportation Policy 760.000-760.012. and Florida Department of Transportation Location Manual. Work must comply with the minimum technical standards for Page 2 of $ Statute 472.027: measurements of regular roadway cross- Land Surveyors Rule 211 !! I-6. Florida ' ' ?.ections may be recorded on electronic data collection equipment. All su~'cys shall use FI)OT's safety .standards. Task 2.01 Roadway Sur'.'K'.2 Provide engineering ;,nd land surx'cys neccssa~' to re-establish the roadway alignments and intcr.~cting streets within the project limits and obtain top, gn, phy. cross scclions, underground utility surfacc feature locations, right-of-v.'ay, land tics, and required drainage information for existing and prol'nz~d drainage systcms and in accordance with lhe master drainage plan/storm run-off treatment areas. Install acrial targets at recommended locations and at a sufficient distance along each side of street intersections or to suit the project and obtain controlled aerial photographs at l" - 200' for master drainage plan. Accuracy of the photographs shall be at least 99.5% true when measured between targets. Pianimetric features for plan preparation shall be compiled from controlled aerial photography and shall Ix: used lo ascertain changes that have occurred along the alignment since the original plans were prepared. Task 2.1'}2 I tnderground IJtilities fNot TASK 3.00 - GI'.'( )TF. CIlNICAI. SI..'RVICF. S (NOT USF. I)I TASK 4.00 - F. NVIRONMEN'YAI. INVENTORY (NOT [JSED) TASK q t)¢} ¢)FI:-SITI.'. ST¢)RM WATI:R IM! R{}VI:MI:N IS (N()'I' IISI!i)) TASK 6.¢}¢! - N¢}'I' I fSI-.'I) TASK TOO - R¢)ADWAY PI.ANS The CONSUIA'ANT shall furnish design mn'ices n{x:cssan.' to pcrfom~ projcc! design and to modi~, original roadway, and box culvert construction plans and specifications in accordance with the highv,'ay de.;ign and plans preparation slandards in effect on the date this Agreement is approved by the Ct)! ~'N'I'Y and as set forth in the Florida Department of Transportation (I:I)OT) Standard Specifications. FDOT Roadway Plans Preparation Manual. FI)OT Drainage Manual. FDO'I' Roadway and Traffic Design Standards. FI)OT Structural Design Gui&lines. Federal l lighway Planning Manual. 6-7-3-2. :md Federal and State Railroad Design (iuidclines. Plans shall be accurate, legible and complete in design. Thc original roadv, ay plans shall be modified to include: plotting of survey data: establishment of profile grades: preparati~n of kc.,,' map. plan-profile sheets (including geometric calculations). typical .~ction sheets, summaD' of quantities (including computation booklet), cross-section sheets (including earthwork computations), and other detail sheets ncccssan' to convey the intent of thc of thc design for the Sco~' of Sen'ices outlined herein. Page 3 of 8 'tbB 9 Thc CONSUI.TANT shall submit design notes and computations to document the design conclusions reached during the development of thc final construction plans. The design notes and computations shall be recorded in 8-1/2" X i I" computation sheets, fully titled, numbered, dated, indexed, and signed by the designer and checker. Computer output forms and other oversized sheets shall be folded oi otherwise reduced to 8- I/2" X ! I" size. The data shall be bound for submittal to the COUNTY. Two (2) copies or thc appropriate design notes and computations shall Ix' submitted to the COUNTY at 90%. When the plans are submitted for final review, the design notes and computations, corrected for any COUNTY comments, shall be resubmitted. At the project completion, a final set of the design notes and computations, shall be submitted with the record set of plans and tracings. The design notes and calculations shall include, but not be limited to thc fi~llowing data: 1. Design criteria used for this project. (ieometric design calculations for horizontal alignment that is not included in the quantity computation booklet. 3. Vertical geometry, calcul,',tions. 4. Drainage computations. 5. Earthwork calculations not included in the quantity computation booklet. Documentation of decisions reached resulting from meetings, telephone o,nversalions, or site visits. 7. C'alculr, tions ofquantitics fi)r all items ~l fimh in thc Bid Form. 8. I'avcmcnt design. Fach drawing of each submittal shall be signed by thc appropriate professional engineer for the type of work depicted on the drawings. F. ach set of plans and each page of thc design computations and quantity computation shall be signed and checked by the appropriate design professional in accordance with the Florida Department of Transportation's Roadway Plan Preparation Manual. Chapter 30. Thc CONSI II.TANT shall conduct plan progress meetings with the C()UNTY at no less than monthly inten'als, l'.'ach progress meeting shall Ix' a verbal pre.~ntation supplemented with thc progress plans (!/2 size plans), displays or other visual aids. Plan development generally shall conform to the following: Task 7.01 a} Gradeaand Geometfics (30%) Plan and P/Sheets { I~ = 40'}. Page 4 of 8 Task 7.02 a) 16B g b) Existing project cross-section, ( 100' intervals) including cross-sections at all roadway and drive intersections. c) Drainage maps depicting existing drainage areas, existing drainage structures, and existing flow patterns { !" = 40fi). d) Proposed typical section or sections. e) Proposed preliminar)' intersection geometry. f) Proposed preliminary vertical alignment. g) Proposed preliminary median openings and any potential driveway/access problems. Includes access managethent for the ultimate six-lane improvement. future signal locations and future side street lane requirements. h) Proposed preliminary additional right-of-way (if required). i) Proposed roadway drainage facilities and stormwater quality treatment facilities. The CONSIJI,TANT SHAI,I, submit an ORDER OF MAGNIT! JDE ESI'iMATF; of the cost of constructing the project. b) c) d~ Task 7.03 Basic Plans (60%) Design Cross Sections. { I00' intervals) including cross sections at all roadway and drive intersections. Storm Drainage System Drainage Structures. and Drainage Outfalls and box cuh'ert &tails. tabulation and bar schedule. Reports and calculations required to'document design decisions reached during development of plans. The submittal shall include all drainage calculations, storm v~'atcr attenuation/detention requirements, storm sewer tabulation sheets, and a BUDGET ESTIMATE of the cost of constructing the project. All known utility conflicts shall be identified and thc CONSUI.TANT shall Notify affected utilities in accordance with Task 8.00. I.!tility Relocation Plan. Detail I'lans, (90%) Thc CONSULTANT shall submit six (6) sets of plans (full size) along with two (21 .~ts of draft bid documents including technical specifications to the COUNTY for review. The plans shall be complete construction plans including a plan for Page 5 of 8 Task 7.04 construction phasing, and utility adjustments with thc exception that quantity computation booklet and summary of quantities of all items required for the construction of the project will be made a part of the final contract document (Task 14.00) need not be included. Reports and calculations required to document design decisions reached during Ibc development of plans shall be submitted along wilh the plans. Traffic Control Plans (Not IJ.~'d} TASK 8.00 - UTII.ITY COORDINATION The requirements of the various utility se~'ices shall be recognized and properly coordinated by the CONSUI.TANT during the project design. The CONSUI.TANT shall provide to the COUNTY such representation and technical assistance as may be necessary for coordination with utility owners or other public agencies affected by the project. Utility adjustments shall be shown on the roadway plans to show the proposed utility locations when adjustment is required. The required utility adjus:ments will be designed by each utility and provided by the affected utilities {'water. ~nitar,.' ~wer. power, gas. electrical, telephone, cablevision, etc.) on prints of roadway plans provided to the utility by the CONSUI.TANT after thc basic pkm review. The contract .schedule is based upon receipt of the relocathm design from thc utilities within 30 calendar days from submission of the roadway Basic Plans to the utilities for their use in showing their proposed adjustments. Copies of all correspondence to or from all utilities shall be supplied by the CONSULTANT to the COl ]NTY. Work under Ibis task shall include the lbllowing: Task 8.01 t ltilities Notification l]pon completion of the Grades and Geometfics (30%} review, a certified, return receipt requested letter will be sent by thc C()N.NIJI.TANT to each utility which may have facilities installed within the project corridor. transmitting a .~t of 30% plans and requesting the ! Jtilitv to submit plans of existing and proposed lhcilities and submitting their comments relative to the proposed project. Task 8.02 I 'tilitv Coordination Thc CONSI.II.TANT shall, by certified, return receipt requested mail. send Basic Roadway Plans (60%} to each utility for their review requesting them to relurn plans shoxxing additions or corrections to existing facililics and their proposed relocations where adjustmenls are nccessaD,. Task 8.03 Final Utility Relocation Plan~ t:pon receipt ofpk, ns rcvicv, ed and signed off'by thc IJtilities within 30 calendar days after written request is made. an.',' additions and/or corrections ',,,'ill be made to the roadway plans. I ;tility adjustments provided by the Utilities will be shown in the ('()NSI/I.TANT'S Detail Plans submittal. If no response is received by the ('()NSUI.TANT by 60 days after submission to the ! ;tilities. Ct )N.ql ;I .TANT shall so notif.v the Page COUNTY. The COUNTY shah then, by ¢¢~ified, return receipt r~que~ed mail notify said Utilities that the future costs of relocation, delays or redesign necessitated by their failure to respond shall be borne solely by them. Copies of such letters shall be given to the CONSULTANT. TASK 9.00 - RIGHT-OF-WAY MAPS {q~IO'l' IJSED) TASK 10.00 - STRUCTURAL PLANS - BOX CULVERT EXTENSION The CONSULTANT shall update the original box culvert structural plans to current standards. It is assumed that there will be no required revisions to the alignment or length of the planned extension of the box culvert as originally designed. TASK 1 !.00 - SIGNING AND PAVEMENT MARKING PLANS The CONSULTANT shall furnish design services and prepare construction plans for traffic signs and pavement marking for the entire project. A preliminary submittal shall be made with the Detail Plan submittal per Task 7.03. Final plans shall be submitted with thc final roadway plans in accordance with the Florida Department of Transportation Roadway and Traffic Design Standard for review. Assume no overhead sign structures. TASK 12.00 - RAIl.ROAD CROSSING DESIGN AND COORDINATION (NOT USED) TASK 13.00 - PERMITS The CONSULTANT shall prepare the technical support documentation necessary to address the issues {Items I to 5) identified in a letter from the South Florida Water Management District (SFWMD) to Mr. Richard W. ltartwell, dated April i0. 1998. This includes thc submittal of four complete .sets of signed and sealed construction plans (I/2 size) to the SFWMD at thc 90% design completion stage. In addition, the CONSI;I.TANT shall update and revise thc stormwater management calculations to incorporate the future six ianing of the roadway. Drainage design shall include stormwater treatment and attenuation required to comply with the rules of the Florida Department of Environmental Protection and thc South Florida Water Management District {SFWMD). Thc CONSI II.TANT shall attend meetings necessary, for the submittal and approval of the stormwater management permit. ALL ENVIRONMENTAL PERMITTING RE()UIREMENTS WII.L BI'] PERFORMED BY TIlE COUNTY. ALL OUTSTANDING EN\'IR(')NMENTAL PERMI'ITING ISSUES Wll.I. BI.] ADDRESSED BY THE COIJNTY. Coordination with the Big Cypress Basin Attend various meetings and provide coordination with thc Big Cypress Basin regarding guardrail access locations to the Cocohatchee Canal R/W along the roadway and the Basin's plan to design and construct a "con-span" type bridge across the Cocohatche¢ Canal at C.R. 951. ['age 7 of:8 16B 9 TASK 14.00 - FINAl, BIDDING AND CONTRACT DOCUMENTS Once the final roadway plans, and signing and pavement marking plans or other plans have been approved by the COUNTY and the COUNTY has received the needed permits, a final set of bidding and contract documents will be prepared for the construction of the improvement. This task will include thc following: Task 14.01 Final road,ray plans, a quantity computation booklet and summary of quantities, and Engineer's Opinion of Probable Construction Cost. Task 14.02 Final signing and marking, or other plans, summary of quantities, and Engineer's Opinion of Probable Construction Cost. Task 14.03 Final box culvert extension structural plans and Engineer's Opinion of Probable Construction Cost. Task 14.04 Special provisions and other appropriate contract documents for incorporating the requirements of the Florida Department of Transportation. U.S. Army Corps of Engineers, Department of Environmental Protection. and South Florida Water Management District and any other agency having jurisdictional authority over the project in the bid documents. Task 14.05 Complete plans and contract documents ready tbr bid including all fi)rms. general conditions, all approved permits, and other material as may be required. Task 14.06 Provide the COUNTY with one ( 1 ) set of signed and .~alcd contract documents for the COUNTY records, All final plans to be full size. The (7OUNTY will produce plan .sets and contract d,)cumcnt booklets fi)r distribution during bidding. TASK 15.00 - ADVISORY SERVICES DURING I)ll)I)IN(; After approval ofc,nslruction plans and bidding documents b,,' thc C{}1 ~N'I'Y. Ibc CONSUI.TANT shall perform the following sen'ices: Task 15.01 Atlend and participate with the COI.~N'I'Y in scheduling and presenting a Pre-Bid Conference. . Task i 5.02 Respond to Bidders' inquiries and prepare addenda f-r issuance by thc COUNTY. TASK 16.00- i'OST-I)ESIGN SERVICES (NOT USED} ,'lima _fm)'.~p I'tx9 x,),r) M( ( )Pk()}-.%VC.% d,< I'ag¢ S of S lbB 9 Date: To: From: Re: June 24, 1998 Gwen Butler, Senior Buyer Purchasing Ellie Hoffman, Deputy Clerk Minutes & Records Department Amendment No. 1 to the Agreement with Data Research Associates, Inc. for Software Support, Maintenance and Update Service for the Library Please find enclosed the original document as referenced above, Agenda Item #16C1, approved by the Board of County Commissioners on June 24, 1998. Kindly forward the Amendment to Data Research Associates, Inc. for the required signature and return the fully executed original to Minutes and Records. If you should have any questions, please contact me at: (8406). Thank you. Enclosure 16C 1 AMENDMENT NO. 1 AGREEMENT FOR SOFTWARE SUPPORT, MAINTENANCE AND UPDATE SERVICE This Amendment #1 to the Agreement dated March 10. 1992 (hereinafter 'AGREEMENT') is made and entered into this ~L~ day of, ..~,.-,..~--. , 199cI~, by and between the Board of County Commissioners fordC~llier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "CUSTOMER") and Data Research Associates, Inc., a Missouri Corporation, authorized to do business in the State of Florida, whose business address is 1276 North Warson Road, St. Louis, Missouri 63132 (hereinafter referred to as 'DATA RESEARCH"). WITNESSETH WHEREAS, CUSTOMER and DATA RESEARCH currently have a valid Agreement for Software Support, Maintenance and Update Service for the Collier County Public Library, said services more fully described in said AGREEMENT; and WHEREAS, CUSTOMER and DATA RESEARCH agree some modifications to the services being contemplated under said AGREEMENT are necessary; and WHEREAS, DATA RESEARCH represents that he has the expertise necessary for the additional services that will be required. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, parties agree as follows: ARTICLE ONE 1.1 DATA RESEARCH shall provide to CUSTOMER said services to which this Amendment applies. 1.1 DATA RESEARCH shall provide said services in addition to those as outlined in said AGREEMENT as noted in Appendix A of this Amendment, as attached hereto. ARTICLE TWO 2.1 CUSTOMER agrees to compensate 'DATA RESEARCH for services rendered hereunder as prescribed in Appendix B, entitled 'Schedule of Fees for Services as outlined in said AGREEMENT which are attached hereto and made a part hereof. 160 1 3.1 The AGREEMENT, as amended, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment to the Agreement.for Software Support, Maintenance and Update Service the day and year first written above. .ATTEST: (As to Chairman) ,Dweight E. Brock, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA Signature onl]. Approved as to form and legal sufficiency: Assistant County Attorney Data Research Associates, Inc. Witness By: Witness (CORPORATE SEAL) Appendix A Summary of Additional Services To Be Provided to Collier County Public Library Data Research Associates, Inc., will provide 384 KB Internet Service to the Headquarters Library. Intemet access will be provided to Branch libraries via the Library's local area network. This service includes a 192KB committed information rate, the appropriate routers, DSU/CSUs, multi-protocol routing software, cables, annual maintenance and annual fractional tl circuit charges. Additionally, DRA will provide network monitoring of the Library's local are;~ network, up to the router, for all Branch library locations. Services provides seven (7) day, 24 hour, 365 days monitoring, including network problem isolation and resolution. DRA will provide the work plan for and implement the move of the Library network management equipment to the Headquarters Library. This network project will include the following: installation of communications hardware; readdressing all intemet protocol ~addresses on PCs, terminal servers and printers; tests to show all equipment is working and the Library Staff can perform normal circulation and cataloging activities; installation of a Windows NT server; and that the Staff and Public can access the internet through appropriate personal computers. The work will not include the following: ordering and installing new frame relay lines, physically moving any equipment including the Digital VAX computer, or installing internal telcom lines. Summary of Additional Equipment and Software to Be Provided to Collier County Public Library Additional equipment will need to be installed at the Headquarters Library to enable Branch Libraries to communicate with the Library VAX and receive Intemet access from the Headquarters Library, rather than from the County MIS and IT Departments. An NT server needs to be installe(J to act as a 'proxy server' for the Library's Intemet filter. This will also be used .to run WEB II in FY 99. The Library has applied for a federal grant to purchase Z39.50 and WEB I1. This software product is necessary to provide a graphical interface for the existing Library database, and is the major part of the grant application. End of Appendix A 16C 1 APPENDIX B SCHEDULE OF FEES FOR SERVICES Item/Service 384KB Intemet Service Network Monitoring Central Site Hardware HQ Switch, etc. Network Installation NT, Intel Server Z39.50 & DRA Web II Cost, Arlrluat Monthly Cost $36,735 $0 $ 4,800 $400 $20,508 $0 $10,375 $130 $10,500 $0 $15,336.20 $0 $43,378 $543 Date Needed August1998 August1998 August1998 August1998 August1998 August1998 O~ober1998 End of Appendix B Date: To: From: Re: June 24, 1998 Ernie Kerskie, Real Property Specialist Real Property Management Department Ellie Hoffman, Deputy Clerk Minutes & Records Department Access Easement in Favor of the North Naples Fire Control and Rescue District for the Veterans Park Center PUD Please find enclosed one original document as referenced above, AGenda Item #16C2, approved by the Board of County Commissioners on June 24, 1998. After the necessary recording kindly return the original to Minutes and Records. If you should have any questions, please contact me at: (8406). Thank you. Enclosure ACCESS EASEMENT THIS ACCESS EASEMENT, made and entered into this ~ day of ~ .... 1998, by lhe BOARD OF COUNTY COMMISSIONERS OF COI[~_IER C0t~NTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112, as Grantor to NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT, whose mailing address is 1441 Pine Ridge Road, Naples, Florida 34109, ils successors and assigns, as Grantee. (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors and assigns.) WITNESSETH: Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto lhe Grantee, a perpetual, non-exclusive access easement, license, and privilege for access on the following described lands (the "Easement Area") located in Collier County, Florida, to wit: See altached Exhibit "A" which is incorporated hereih by reference. Subject to easements, restrictions, and reservations of record. TO HAVE AND TO HOLD the same unto the Grantee, together with the right lo enter upon said lands thereon for the purposes of accessing Grantee's public service facility. Grantee shall also have the right to construct or install improvements or modifications in the Easement Area, including, but not limited to pavement and landscaping, provided that Grantor (Collier County Parks and Recreation Department) shall approve Grantee's plans Imior to construction. Grantee shall be responsible for the development and maintenance of all improvements constructed or inslalled by Grantee, unless otherwise agreed in writing, by Grantor. Grantor and Grantee are used for singular or plural, as the context requires. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the dale and year first above written. -' ATTEST: :: DWIGHT E. BRC~K,]Clerk ~ By At.test as to.Chalman's signature 'o'nl./, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Prepared by: H~dl F. ~shtofl, £squfr~ C;' "-~e of the Count~ &tt~7 liaples, florida ~IIZ (~!) 1~4~ P~ ~_of~ Professional Engineers, Ptanne~l & Land Surveyors DESCRIPTION OF A PARCEL OF LAND LYING IN SECTION 26, TOWNSHIP 48 SOUTH, RANGE 25 EAST COLLIER COUNTY. FLORIDA A PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLLIER LYING IN SECTION 26 TOWNSHIP 48 SOUTH, RANGE 25 EAST, AND BEING FURTHER BOUND AND DESCRIBED AS FOLLOWS: BEGINNING AT TI IE SOUTHWEST CORNER OF TIlE WEST ONE tlALF OF TIlE EAST ONE llALF OF TIll:. NORTIIWIL~'F ONE QUARTER OF TIlE NORTHWEST ONE QUARTER OF SECTION 26 TOWNSIIlP 4R SOUTI I. RANGE 25 F. AST COLLIER COUNTY FLORIDA; 'ri I ENCE S.00 °2B'2 I"E FOR 50.00 FEF. T; TI I I!NCli S.8~54'05"E. A LONG A LINE BEING 50.00 FEET SOUTI t ERLY OF (AS MEASURED ON A PERPEND[CUIoAR) TIlE SOUTIt LINE OF TIlE NORTIIWEST ONE QUARTER OF TIIE NORTIIWESTONE QUARTER OF SAID SECTION 26 FOR 590.68 FEET TO THE WEST LINE OF VETERANS PARK DRIVE ;TItENCE N 00*3 I'1 I"W. ALONG SAID WEST LINE FOR 50.00 FEET TO TIlE SOUTI! LINE OF SAID NORTHW -EST ONE QUARTER OF TIlE NORTI I WEST ONE QUARTER; THENCE N89~54'05"W. ALONG SAID SOUTI I LINE FOR 590.64 FEE'. I' TO TIlE POINT OF BEGINNING. PARCEL CONTAINS 29,533 SQUARE FEET MORE OR LESS SUBJECT TO EASEMENTS RESTRICTIONS, RESERVATIONS AND RIGIITS-OF-WAY OF RECORD BEARINGS ARE BASED ON THE SOUTII LINE OF SAID NORTHWEST ONE QUARTER OF THE NORTIIWEST ONE QUARTER OF SECTION 26 AS BEARING N. 89'54'05"W. DESCRIIrrlON PREPARED MARCH 10, 1998. FILE:f201_01 SHEET I OF 2 Le~ Coumy: I0501-104 Six M,le Cypre~ Padcway. Fo~ Myers. FlorK:la 33912' (941)939.5490. Fax [94 I)939-2523 Coil,er County: 2150-701 Geodlelte Road. Naples. Flmida 34t02 · (94 I)403-11866 ' Fax (941)403-8861t \JOB<~I~xx\I~I\I~OI_~CET(~I.U~J ~d Har ~! ~0~. 44 lgg8 PARt< PA~C[:L AGREEMENT TO TERMINATE LEASE Lease #8 i 5 THIS AGREEMENT TO TERN~ATE LEASE, hereinafter referred to as thc Agreement, entered into this ~ day of ~ , 1998, between COLLIER COUNTY, a political subdivision of the~ate of Florida whose address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as LESSOR, and TECH OF COLI.IER COUNTY, INC., a not-for-profit Florida corporation, whose address is P.O. Box 9409, 3984 Arnold Avenue, Naples, Florida 34112, hereinafter referred to as L~SSEE, sets forth the terms and conditions for the cancellation of that certain Lease. dated October 8. 1996, between the above stated panics, said Lease is to be hereinafter referred to as the Lease. a copy of which is attached to this Agreement. WITNESSETH: WHEREAS, LESSOR and LESSEE have entered into the Lease. whereupon LESSOR was to provide certain vacant property for use by the LESSEE for the purpose of accommodating mobile office units for the purpose ofoperating a training and education center for lhe handicapped. WHEREAS, LESSOR and LESSEE have determined that the leased space is not required any longer for this usc and LESSEE wishes to vacale same; NOW THEREFORE, the parties agree as follows: 1. LESSEE surrenders possession of the Demised Premises described in the Lease to thc LESSOR and LESSOR accepts the delivery of said Dernis~ Premises on June I, 1998. 2. LESSOR hereby releases LESSEE of all obligations incurred under the Lcase. This release by LESSOR shall include all claims of damages, fees, rent or any other benefits LESSOR may have expected to dcrivc from the Lease. 3. LESSOR hereby pledges and aff~rms lhat any sale, conveyance or other transfer of' its interest in the Demised Prcmiscs shall not affect LESSOR'S representations made herein and that LESSEE may therefore rely upon the finality of the terms and conditions expressed in this Agreement. 4. By their execution of this Agreement, LESSOR and LESSEE hereby terminate the Lease and release one another from all claims thal either party may have against the other for any matter or anything arising out ofthe Lease. 5. This Agreement shall be binding upon the LESSOR'S and LESSEE'S successors, assigns, and heirs. This Agreement shall become effective as to LESSOR upon LESSOR'S execution thereof notwithstanding that LESSEE may execute same at a later date. ADDENDUM The Lessee agrees to donate (at no cost to Lessor) and the Lessor agrees to accept the mobile office units on the property located at 418 School Drive, Immokalee, Florida effective with the Lessor's execution of this agreement. Le~r s-~itia}X~ Lesson's Initials IN WITNESS THEREOF, the panics hereto have hereunder sc~ Forth their hands and seals. AS TO THE LESSEE: .'I'ZH OF CO, LLIER COUNT, INC. DATED: I~!tl~/et ~ BY//~)~t, WITNESSES: Signature (Printed Name} ' (~fint~ Nme) AS TO LESSOR: DATED: ATTEST: DWIGHT E. BROCK, Cledc -' -' '"".' L, rla s?gn~ture onl.l. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Appmvecl as to form and legal sufficiency: Heidi F. Ashlon Assistan! Coum¥ Altomey TO: FROM: DATE: RE: MEMORANDUM Suc Filson. Administrative Assistant Board ol'County Commissioncrs Michael Dowling -~\',~, ? Real Property Specialist Real Properly Management Department March 9. 1999 Execution ora Bill of Salc TECH of Collier County, Inc. Item 16 C3. June23. 199~ For execution by thc Chairman of the Board oF County Commissioners. please find attached a Bill of Sale between Collier County and TECll of Collier County. Inc. The Board of County Commissioners approved this l.ease Agreement on ,June 23 1998, item 16C 3. Please forward the document to Ellle lloffmnn. Record[n~ Secretn~.. for attestation by the Clerk to the Board, Ms. lIoffman will then call me n! extension 8991 for document Thank you. Attachment as stated BILL OF SALE TECH of Collicr County, Inc. ("Grantor") hercby transfcrs title oF v~,,'o mobile oft]cc units (Vehicle Identification Numbers arc not available) Iocatcd at 419 First Street. Immokale¢. Florida. (photos of units altachcd hercto and made a parl of lhis documcm) to Collier ('ot,ntv ("Grantee") without any cost to the Grantee.. Thc Grantor warranls lhat thc two (2) trailers mentioned above arc owned solely by TECII o£ Collier County, Inc. wjthou! any outstanding morlgage(s) or olher cncumbranccfs) on chhcr trailer. By execulion of INs Bill of Sale by the Grantor ami excculion by fl~c Grantee. thc Grantee accepts lhc above-referenced trailers in "as is" condition and thc ~ramee will. from the dale written below, be responsible for the relocation, maintenancc and operating costs o£ the trailers from this day fonvard. The Granlee will also have lhe right to transfer ownership o£ the trailers whenever deemed as surplus properly by the Grantee. AS TO TIlE GRANTEE: DATED: .~.~.~ a.$ DWIGHT E. BROCK, Clerk Deputy Clerk Attest,as S fgnatUre AS TO GRANTOR: DATED: · ess (si~at~e}' (print name) v Witness (signature) {p~m nnme) Approved as to form and sufficiency: __ , l~ ~ /:' ' i Heidi F. Ashton A~sJ~tant Counly A1lomey BOARD OF COUNTY CO.MMISSIONL:RS COLLIER COUNTY, FLORIDA BY: ~ " ' ' BARB'ARA B. BERRY, Chairrna.n TECll OF COLLIER ('OUN'i'Y. IN(' ,on be~alfof TECt! of'Coliier Cot, htr. proclaimed in lhe Corporate Inc. ~ ' Resolution daled January 12. ! 00S. Note: Vehicle Identificatioo Numbers ~ot available 16C Date: To: From: Re: June 24, 1998 Maria Ramsey, Director Parks and Recreation Department Ellie Hoffman, Deputy Clerk Minutes & Records Department Lease Agreement Between Collier County and Marco Island Flotilla, Inc. Enclosed for your use, please find one original document as referenced above, Agenda Item #16C5, approved by the Board of County Commissioners on June 24, 1998. I am retaining one original agreement for our file. If you should have any questions, please contact me at: (8406). Thank you. Enclosure ISLAND FLOTII,LA INC. LEASE A(;REEMENT TillS; LEASE AGRE,E, MENT is entered into this ~,~.J*day ,,f ~ . 1008. bet.,veen COLLIER COLNTY. a political subdivision of thc Slate ~ Florida. hereinafter referred as "I.I?SSOR' and MARCO ISI.AND FI.OTII.I.A. INC'.. a not-Iht.profit Florida ('orr~ration. hereinafter rtl'erred to ;~s "I.I!SSI!I'L" This I,easc is for I,I!SSF. I-TS attila, alton of Counly o.,'`ned property, hereinafter referred to as the "l.ca.~d Prcmises". Ibr a Coast (~uard AuxiliaO' Facility. ARTICLE I. Leased l'remi.ne~ A. In consideration of the payment ,f rents and thc pcrfi~rmancc of the covenants hereinafter set fbrth. LESSOR hereby Ica.~s to I.ESS[:.I'~ and I.ESSF. I~ hereby leases from I.ESS¢)R a .,,'ct to be construclcd a prc-fahricatcd building ¢24' x 60') fi~r only thc uses as srn:cificd herein. The Lea.~d Premises is hn:ated on Marco Island. Fh,rida and is more particularl.~ depicted on F. xhibit "A" attached hereto and made a part hcreot: Thc l.cascd Prcmi.~s shall be used by LF. SSEE for the sole purpose of operating a United States Coast Guard AuxiliaD' Station. Fund raising activities and "for profit" activities are prohibited except l'or fundrai,~ing activities from time-to-time .~*lely for lhe moncta~' hcncfil of the Flotilla. II. In the evcnt thai in future il is determined h.., County Staff that thc electrical facilities and or other facilities al thc I.ea.~d Premises are insufficient to meet thc then needs of I.F.S.qEI!. and I.ESSI-;E believes there arc then needs fi~r upgrades. I.I?SSI'~I-'. shall bc reslxmsible to pa.',' f-r all such upgrades. I.ESSOR shall ha.,c no financial obligation ~ith regard t, an.,,' such upgrades. N,tv,'ith.qanding this provision, l.es~r reserves Ibc right to provide any upgrades al I.ESS()R's CXlX'n~ it' in future I.I'iSSOR Ix.'rfi*rms any such upgrades. I.E.";S()R ','.'ill disturb I.ESSI!I('S u~' and enjoyment of the I.ea~:d Prcmi.~'s as little as p, ssihlc in making any and all such upgradc.~. AI{'rI('I,E 2. Common Arcan I.I:SSliI'~ shall be entitled Io utilize an.,,' and ali common areas (to include the muhipurp-,,c r(~)m and kitchen ~. rc.sm~)m t'acilitics, parking areas, collcclivcly roiL'fred lo herein a~ Iht "(',,mm,n Areas". ~hich arc dcpiclcd in I~xhibit "B". allachcd. I~sc of' thc Common Areas h~ I.I~SSI(E shall be subjccl Io Iht regulations fi,r thc u~ lhcrcol] ~hich may ~ pre~ribed hx I.ESSOR. ARTICI.E 3. [!sen A. I.I'.'SSOR makes no promi.~ that the I.cascd Prcmi~,cs x'`ill bc st,it;,ble Ibr any of thc present ,r future contcmpl:~lcd uses ,f I.IiSSI(I:. and I.I:.SS¢)R shall have m, ,bligati.n to make thc I.cascd Premises suitable for an}' u.~s ot'I.I:.SSEE. B. I'[x~n commencement of the term-of this l.ca~. I.F. SSF. I.; shall operate a Coast Guard Auxiliary Facility on thc I.cased Premises in a businesslike and rcsp, nsihlc manner. ('. l'hc training r(~)m in Ihc i.ca.~d Prcmi.qes is an integral part -t' Ihe I.IiSSF. F.'S headquarters requirements and training functions. LESSI:.F. agrees to allmv u.~ of the training r(x)m by' other Marco Island civic or .~n'icc organizations .,'`'hen such use ,,.,'ill not conflict .,.,'ith thc requirements and needs of the I.F. SSF. I:'. Such use by other'~ shall occur only during thc daylight hours, not to extend after 6:00 PM. All requests fi)r usc ;d' same shall be delivered in writing to the ('oilier County Parks and Recreation l)cpartment "Parks & Rec."). Parks and Rec. shall prmnptly inform LESSF. I-; of each such request and I.liSSI';F. '`,,'ill advise Parks and Rec. in a reasonable period of time if thc training room '`,.ill be available for such usc. l). When the training room is used by a group pursuant to thc paragraph 11. al'~we. I.ESSOR shall be responsible for cleaning and re.~tting thc room alter each such usc. including locking up thc I.cased Premises and thc Caxambas Park gate after thc last visitor has left for that day;evening. I':. I.I':SSF. E expressly agrees Ibr it.~lf, its guests, in,dices, successor and assigns, t~, refrain from any autho~z~ u~ of ~hc I.ea~d I'r~mi~ Ih31 int~rf~rc~ ~i~h ,r adversely al'l~cls I.ESSOR'~ (,pemtions. F. I.ESSEE shall prevenl eveD' t,se .f any parl .f Ihe I.ea.~d I'remises that is not authorized by this Lease. ARTICI.E 4. [.ease Term, Commencement Date, and Termination fi~r Cause. A. This l.ea.se shall have an initial term of ten ~10) }'cars. to commence upon issuance of thc Certificate of Occupancy for the I.ca~d Premiss and. subject to thc option. l~lo~', expiring ten ~' IO~ }'ear alter lhal date. B. LESSEE is granted one (I) option, provided I,ESSI':I~ is not then in default ofany of the terms and conditions of this I,ea.~. to rene&~ this I.F. ASF. fi~r one ti) additional term of ten (10))'ears by actual deliver2..' of written notice to I.ESSOR of I.F. SSEE'S election to renew not less than sixty ((.'0} days prior to thc expiration of thc l.ea.~hold Estate hereby created. C. I.F. SSOR and/or I.F. SSF. F. ma)' terminate this i.case, with cause, upon sixty (60) days prior ~ritten Notice to thc other part}'. Said 60 da.,,' notice time period shall commence upon actual receipt of such Notice. I). In thc event that the leased premises be destroyed -r otherxvise be made unusable as originally intended, lessor ~arrants lo repair or replace ~id premises t, prior condition within a reasonable time period. ARTICLE S. Rent and Contributions A. I.ESSEE shall pa)' lo I.ES.";OR as rent for thc I.cased Premi.~s Iht sum of 'Fen l~.~llars {$10.00} per annum. The rent for the initial ten (10) year term ($I00.00) shall be paid wilhin fourteen (14) days following execution of this I.ea.~ by thc Board of County ("ommissi(mers. I.liSSF. E shall give to I.ESSOR a total contribution of'l'~enty Thousand Dollars (S20.000.00) t,~ be applied lo~ard thc construction and interior finishing costs or the i.eased Premi.~s. ~l~ich costs are estimated to be $OtLt)OeLO0 including interior finishing. This payment shall bt. made to Collier Count)' ~ithin fourteen {] 41 days after this ;Xgreement is executed by thc Board of('ounty Commissioners. ARTICLE 6. Janitorial and .Maintenance Sen'ice ,,\. I.ESSOR shall provide a leash receptacle on the I.ea.~d I'remi.ses fi,r I.I~SSI'.'E'S u~'. I.[{SSI'.'I.~ shall..it no cost and expenm tn I.I'~SS()R. keep Ihe I.ea.%'d I'remi.~s clean at all times. I.[iSSFE shall clean up of the Property as needed after [.I.~SS[:.Ii'.S events. If the Leased Premises is not kept clean in the opinion of I.I:.SSOR. LESSEI'TS manager will be so advised in v,'rhing. [f corrective action is not taken within a reasonable time under the cireumstances {gent'rally to be five {5) days) after [.I-:SS[-~E'.N receipt of such ~;'itlen notice. I.ESSOR may cause the .same lo be cleaned and othenvi.~ corrected and I.F..C, SE!! shall pay all such costs within ten ( I0} days of receipt of ~Titten notice to pa}' lh~m I.F. SSOR. B. I.IiSSOR may at its costs and at its option from time-to-lime provide janitorial sen'ices to the l.eased Premises. including lollers and exterior approaches to the l.eased Prcmi.~s. ('. I.F. SSOR shall provide repairs and maintenance. ~hen deemed neccsmry by I.[:.SSOR. to thc l.eased Premises and appurtenances thereof, including, but not limited to. all air conditioning, heating equipment and related controls, plumbing facilities, electrical facilities, and exterior portions of the building structure and its entrance ramps. 16C l). I,ESSOR shall al its costs paint and repair thc interior of thc I,ca.~d I'remi.~s as otben~ ise necded after commencement of I,F, SSI:.I:,'S occupancy. I.F. SSOR shall land.ape Ibe exlerior of the I.cased I'rcmises and maintain such landscaping f-r Ibc tcrm of this I.ca~. ARTICLE 7. Modifications Io Leased Premises A. Prior tn making any changes., alterations, additions or impr.vcmcnts to thc I.ca.~d Prcmi.~s. I.I'.'SSI-.'E must provide to I.ESSOR all proposals and plans for such ahcratlons. improvements, changes or additions to Ibc l.ca.,a:d Prcmi.~s for LESSOR'S written approval. specifying in xxriting the nature and extent of all desired alterations, imprnvcmcnts, changes. ~,nd additions, along with thc contemplated starting and completion time for each. I.ESSOR's stall' will have thirty {30) days within which to approve or deny in ~xriting each said request. I.ESSOR shall not unreasonably deny such rcqucs,'ts. If after thirty (30) days there has been no response from I.ESSOR's staff to thc respective request, such lack of rcspon.< shall be dccmcd ms a DENIAl. of that request. If after receiving ~xittcn consent from I.ESS()R and alter commencing Ibc changes, alterations, additions, or'improvements. I.I-~SSEE fails lo complete any or.mc xxithin thc completion time approved by I.ESSOR. I.ESSOR ma)' at its option complete said changes, improvemenls, alterations, or additions. If any costs are incurred by I.ESSOR as Ibc result of I.ESSEE'S failure to begin, start or complete the approved items. Ihen u[xm I.ESSOR'S demand for .same and within thirty 130~ days following such demand. I.ESSEE shall pa!' h, I.I'iS%¢}R all direct costs incurred by I.ESSOR. No election lo perf, rm by I.ESSOR shall constitute v, aix cr of any covenant or obligation of I.ESSEE or ;tn)' olhcr dcfauh. ('. I.IiSSI!E c~wcnanls and agrees in c.nncction ~xith an)' maintenance, repair work. erection, construction, improvement, addition or alteration of any modificalions, additions or improvements to thc i.ca~d Premises. to observe and compl)' ~vilh all thc ~,pplicablc laxxs. ordinances, rules, regulations, and requirements of the State of Florida. County of Collier. and any and all other governmental agencies, inchiding, if applicable, thc (;ovcrnmcnl of the I}nitcd States. !). All alterations, improvements, and additions to the i.cased Premi.~s shall at once. ,,,,'hen completed, become thc property of I.ESS¢)R and shall remain for the benefit of I.ESSOR at Iht end of Ihis [.ca.~ in as good order and condition as thc)' were xxhcn installed, reasonable ~ear and lear excepted. Refer lo Article 14 herein regarding I.I'.'SS¢)R'S right lo have such items rcmox cd at I.ESSEF.'S costs al thc election of I.ESSOR. ARTICLE 8. Lessor's Access to Leased P, remises A. I.I':SSOR. its duly authorized employees, agents, or other representatives, shall hax'c thc right aflcr reasonable oral notice to I.f~SSEE. to enter into and upon the I.eased Premises or an.',' part thereof at all reasonable hours for the purpose of making such repairs or janitorial .~rvice provided for herein, and for the purpo~s of inspection for compliance wilh this Lca.~. it shall be the .cole responsibility of I.ESSEE to .cc-cure. by locking or such other means as required by I.ESSOR. the Lea.%'d Premises. in only those instances when I.I-:SS[:.I-:'S members. guests or invitees are thc last h~ exit iht I.eascd Premises at~cr 6:00 P.M. or the other closing hour for that da.,,'. B, [.F. SSI':F. shall be granted unconditional access to thc I.ea.~d I'rcmi.<s at any and all times to the extent necessitated by its responsibilities vis-a-vis thc United Slalcs Coast G~,ard. C. I.ESSOR will provide to the I.I£SSF. E the keys required lo operate Ihe lock(s} on thc main entrance gate lo Caxambas Park. LF. SSEE musl secure Ihe l.ea.~d Premises al all times. I.ESSEE must ~cure the gate to Caxambas Park whenever the last person lo leave is one of I.F.S.";F.E'S members, guests or invitces. ARTICLE 9. Assignment and Subletting, 16C 5 I.F. SSHi shall neither assign this I.ca< nor sublet ~mc in ~holc or in pan. or p.:rmit any other pcr.~ns to ~x:cupy .~lme as tenant or su~tenafit. An)' or,me shall ~, v~id ~/h ira/to. ARTICLE I0. Insunnee. A. I.F. SSI£E shall provide and maintain general liability and pmlx'r~y liabilily insurance polic?t'ics~, approved by Iht ¢7-11ier ¢'.unly Risk Managemen! I~par~ment. Ibr nol less than Three l lundred Thousand Dollars ¢S.';t~'U~'lO.fff'l) combined single limits during Ihe term of this l.ease.. The coverage shall include F. mployer's l.iabilily ~'ith a minimum limit of ()ne llundred Thou.sand l)~llars f$1¢~Lts'~l.tltl~ fi~r each accident, l:ach insurance policy musl list Collier Count.',' as an additional insured thereon. I-.'i;idence of such insurance shall be provided to the Collier County Risk Management l)epanment. 3301 I~a_st Tamiami Trail. l~uilding ~1:~. Naples. FI,rida 34112 for approval prior to Iht commencement ~f this Ixase. and shall include a provision requiring at least ten ¢10) days prior xwitten notice to (;.liter Cm~nty. c/t~ C,.unty Risk Management l~epartment, in the event of cancellation or changes in such coverage. B. 'I'o the extent required by l.axv. I.ESSEE shall provide and maintain Worker's Compensation Insurance to the required slatuto~' limits ARTICLE I I. ~ ^. I.ESSEE. in consideralion of ten dollars (Sl0.00) agrees, t. the extent of the monetao' limits oflhe insurance required by this l.ea~, to hold harmless and defend the ('oilier Counl.v B-ard ,f f'ounty Commissioners. a.s an cn~,ity, and ils agents and employees, against any and all claims, as~nions, or cau.~ of action Ibr any loss. injury, or damage t. per,ms or property arising rrom or associated v,'ilh I.liSSI!!-?S use of ,r activities in ,r ;ll~u. II thc l.eased Premises. I.t(SSF. F. further agrees, the extent of thc monetao' limits c~l' ~l~c insurance required hercinabove hx this l.ease. Io indemnify all of same for all costs, expenses arising I'mm ex'cD' claim or caul' ~f action fi~r loss. injuD' or damage Io Iwm~ns and;or pr.pcn.x ~,rising from or asmciatcd ',~i~h I.F. SSEE'S activities about ,r use of the Ixascd Prcmi.~s. I.I(SSI:I:. hereby acknoxvledges that the rent for the first lease .,,'ear payable £rom I.ESSOR to I.F. SSI(I( lin the sum of 'Fen Dollars- S l 0.00) h~s Ix'tm crediled from I.F. SSOR to I.I(SSH'~ as consideration fi~r the.~ indcmnificati,n provisions. These indemnilicalion prox'isions apply fully svhefl~er or not I.I~SSt'.'I'~ maintains the insurance as are required by this I.ea.~. The risk of not providing such insurance rests with I.ESSOR. B. In consideration fi~r thc albresaid ten dollars I$1tJ.OOf I.I!SSI.]-~ rcpresvms. warrants and agrees to indemnify, rcimbur.~, defend and hold harmless I.I(SSOR from and against all c.s~s tincluding attorney's IL'es~ asserted against, imposed on or incurred by I,I:.SS()R dircclly nr indircclly pursuant to or in connection ~ith the application of any federal, state, local lax¥ and'or c,mmon lax,,' relating to pollution or protection of the cnvimnmenl caused by I.ESSI'~ti at any dine during any term of this l.ea.~.. ARTICLE 12. ~ A. I.F. SSEE shall pay each month in advance to IJ'~SSOR fil'Lv dollars ~$50.00) during this l.casc for I.ESSEE'S share of thc total utility costs for thc I.cascd Premises. Said monthly payments shall be made via automated,eh:ctronic transl~,r from the account of thc I.ESSI'.'F. to the account 0fthe LESSOR. B. I.ESSEE shall be responsible fi~r having its mvn telephone sen'icc installed and shall arrange t- be billed directly for all such sen'ice. C'. [.ESSEE shall be responsible fi~r the payment to the vendors for all .~rviccs (such as 'I'Vi supplied to the LESSEE and/or the Leased Premises which arc not expressly assumed herein h.x I.I!S."4OR as being the sole responsibility' of I.ESS()R. ARTICLE 13. ~ 16C 5 Failure of I.ESSEE to comply with any provision of' this t. casc shall constitulc a default and except as specified in ARTICLE 4. above. LESSOR ma)'. at its option, terminate this l.ease after thirty (30) days written notice to LESSEE except wben thc default is curable and is in fact cured within time as is reasonably required under the relevant circumstances. ARTICLE 14. Default by Lessor i.F. SS()R shall in no event be charged with default in thc performance of any of its obligations hereunder unless and until LESSOR shall have failed to perform such obligations within thirty f30) days for such additional time as is reasonably required to correct such default) after notice to LESSOR by I.ESSEE properly specifying precisely wherein in I.ESSEE'S judgment LESSOR has failed to perform any such obligations. ARTICLE 15. ~;oti¢~ A. Any notice which i.ESSOR or I.ESSEE may be required to give to thc othcr party shall be in ~iting and be actually delivered by any means to thc other party as follows: I.ESSOR: LIgSSEE: Board of County Commissioners 3301 East Tamiami Trail Building "F" Naples. Florida 34112 Marco Island Flotilla. Inc. (~}9 Collier Courl Marco Island. Florida 34145 B. Such addresses ma}' be changed from time-to-timt, by either party by giving notice of the change. Notice shall be eft'ective when actually received by the other pan)'. ARTICLE 16. Surrender of Premines LI'~SSEE shall deliver up and surrender to I.ESSOR possession .£ the l.ca.~d Premises and any improvements to the Leased Premises upon expiration of this I.ea.~. or its earlier termination by ~'hatever means, broom clean and in as good condition and repair as the same shall be at the commencement of the term of this l.ease or may have been put by I.ESSOR or LESSEE during the continuance thereof, ordinan.' wear and tear or damage by fire or the elements beyond [.ESSEE'S control excepted. Irrespective of anything in paragraph (D) of Article 7 hereinabove, if prior to the termination of this Lease. or within thirty (30) days thereafter to the extent that LESSOR ~ directs. LESSEE shall promptly remove such additions. improvements, alterations, fixtures and installations, if any. which were placed in. on or upon the l.ea.sed Premises by LESSEE to benefit LESSEE and which are designated to be removed in said notice, plus repair any damage occasioned to the Leased Premises by such removal. In default there, f I.ESSOR may effect said removals and repairs at LESSEE'S expense. ARTICLE 17. General Provisions A. SECURITY. Police and law enforcement security protection provided by law enforcement agencies for the Leased Premises shall be limited to that provided to any other business or agency situated on Marco Island. Any additional security measures desired by I.ESSEE shall be the sole responsibility and cosl of LESSEE. and shall involve no cost or expense to I.ESSOR. B. LESSOR. Rights not expressly granted th,' I.ESSEE by this Lease are rc.~n'cd to thc C. TAXES. LESSEE shall in accordance with Florida Law pay all taxes that from time-to-time may accrue because of the existence of this Lease. including use taxes and/o: i.-.!angible personal property taxes as applicable. ARTICLE 18. Radon Gas Itt c(,mpliance wilh Seclion 404.056. l'Trtrhh~ ,¢;mt,tes, all parties are hereby made aware of the f-IIm~ing: Radon gas is a naturally occl,rring radioactive gas that. when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. l.evels of radon that exet,,ed federal and ~tat¢ guidelines have been found in buildings in Florida. Additional information regarding radon and radon teeing may be obtained from your o~t:nb' puhlic health unit. ARTICLE 19. No Liens for Improvements All persons whomsoever and entities whatsoever are hereby poi on notice lhat lite interest of thc I.IL.";.$OR in the Leased Premises shall not be subject to any liens for improvemenls made by or on Ixhalf of LESSEE; moreover, liens for improvements made by or on bchalf of LESSEE are specifically prohibited from attaching to or becoming a lien on the interest of the I.ESSOR in the I.e:,.~d Premises or any part Ihereof. This notice is in compliance wilh Section 713.10. Florida .~'flttttteL ARTICI.E 20. Effective Ds~g~ This l.ease Agreement shall become effective upon issuance of thc Certificate of ()ccupancy for Ihe [.eased Premises al which time I.ESSEI-; shall deliver payment lo I.ESSOR the sum of $14fl.00 for Ibc following items: ten (10) years' rent = $100.00, less $10.00 for I.E.'qSI-]'TS indemnifications = $90.00 phis S50.fl0 fi~r advance payment of firsl monlh's utilities. l.essee hereby acknowledges thal thc rent fi*r thc first lease year payable from Lessee Io l.essor (in Ihe loud sum of $10.Ofl) has been credited from Lesmr to Lessee as consideration for Ihese indcmni fication provisions. AS TO LESSOR:/ DATED:_ ~.ZY/~" ^17E.ST: I)WlGI IT I!. BR(X'K. CI.ERK By.'~~' ;:..//,.; ;'.//,,v=/~ ? - I.ENNEE: M^RC'O ISLAND FI.OTII.LA. INC. I'~ mfcd 'b r. cd PJmfcd'J)pcd I iflc ()1 fh/~, ( (I..S.) :\pprm'cd a:,, l() f. rm and legal st, ftkicncy: Th.mas L'. Palmer Assistant C(mnty Attorney h I~.~'Marc. h J I,'tJfla IXa':C- 2nd I)~aR variety artists International, inc. $$5 Chorro Street, Suite A-1 San Luis Obiapo, CA 93401 Te1:8051544-1444 Fax:8051544-2444 CONTRACT CONTRACT ~: 18560 AGENT: Bob Eng¢l A~::,,'n~z ma~ 'J'as d.~. Thursda.~. Ma? 14. 1998 t-ew, een LOBSTER MUSIC INC. ~h~.r~ir~ficr ~:ferr~l to as 'PRODUCER'; .nj COLLIER COUNTY PARKS ~hemnaf~r ref~':TeJ m as 'PURCHASER'). ARTIST, S,: PETER WHITE Bilhn;' CO-HF--~DLINE / 100~ T~TE SIZE.PETER V.'HT~ & CRAIG CFL-~QL'ICO ~ "Royal Palm Jazz Festival" Suffden R¢~onalP.u'k. Naples. FL Phone: Fax: Hall Mgr. ~ Sat. Aug 2~-. 1998 Amst m P=dorm on~ ~ I ! sho,~ appro~ima~el)' 2 !~~. hour~ in Icn~;h. T~X =Da}~;hss: I / I Shov, umctsr 600 pm Load In: p~ ~s ante Onsl3?: per ad~ an~: Snd ~k: ~ 3d~:nct A~¢s: All Ages C~c:~i~, Sle~handi-ing P:r Sho~: 3.00u Amsl ~11: ~A To~al IklS: ~.OO0 Build ~11: 16C ss.ooo.oo Flat Guarantee PLUS tint class holtiI rooms ~5 $inglesl aml all b~kh~ ~usrcmem, ~r Ansst rider s~cil~callofls and subject ~o Amst's ~rpro~al. 6 NO DEPOSIT REQUIRED Guaran;¢: Jue .~.ms~ m CASH or CASIIIER'S CHECK ,mmedia[¢!.,. ~'~or To performance. PL RCH ~.SER ~C. ~:~.~5 TO PROVIDE ~ND PAY FOR ~. SOL'%D AND L:G'HT {'~ ST"r_~.l TO 'slEET ',~,'ITH ~RT;S7$ -~PPROV AL ALL A?,.':ST.~ T;;' RECEI~,'E H~r; C¢)-HE,~DLD;E BILLING Preduc::un ~.~n:~:: Peg Rub) 9.~1..~5.~4~O~ Purc~r ~hall ;~ ~rpl~ an> and all r~p~ ~n~ ~ from the en[~nmnm:m pr~'ma[~un :o [h~ pa} mcnts rcquir~ h~r~nd~r. All pa}re:m, ,n~d ~ mad~ ~n/'ufl '~ uhou[ an} d~u~:~on ~hat~er. In [he t~enl <,ntr~c: nde: ~s no~ returned ~i[h Ihis comracl, it ~hail ~- Jc~m.:.: :~[ :;~ ndcr ~nd ~11 ,t sis comen[s base ~n apprnv~ ~nd ~ll ~ ~hered [o. tConllnued on rever~ side. ~ ,,~es.'as ~:o Chalraan*$ R,)a~'a ox C',~lher Count.9 Conunie=ionere Collitir C ~ur.t,j, Title: ClxaLr?er:cn LOBSTER ML'51C I.";C. ,:.'o S1¢:¢ Charman :. . -. Sh~.,-rnan U~.~. CA · ~l'fl$l$ I,,.*o.,~..?,. ?,o?, 16C Amendment to Agreement Royal Palm Jazz & Arts Festival Saturday, August 22, 1998 [ttf This addendum amends and ~uPeesets the contract provisions in the basic a~eement and the rider lo the~{,~{i~'~/, ~ ~ J contract .,,opec cec~es ~~/./ The Collier County Parks & Recreation Department agrees to provide the following services for Peter ,t White for his performance in Collier County. Florida on Saturday. August 22. 1998. from 6:00 - 9:00 PM. I. First Class Hotel Accommodations will be provided for 5 people {5 singles) on Saturday. August 22. 1998 at thc Trinanon Hotel. This excludes the county, from extra charges such as room service. drinks, food, or telephone calls, etc. 2. Two men will be provided to help the band unload their equipment at the concert. 3. One Motor Home will be provided for a dressing room at Sugden Regional Park. Size of RV Trailers will depend on what is donated, but will no( be Ic'~ than 20' long. 4. Up to 24 Complimentary Tickets will be provided to the entertainer upon request. 5. All Pov. er Requirements. Sound Requiremenls. Sage Monitors. Sound and Lighting Personnel. Sound Check. Lighting and Backline Instruments will be provided. 6. Food will be delivered Io thc performer al his dressing room one hour before thai performer goes on stage. Peter While will be provided with: Cheese Platter. one loaf of whole-wheat bread, mayonnaise. mustard, butter, one quart of orange juice. 12 one liter bottle of Evian or similar brand non- carbonated drinking water, one quart of grapefruit juice. 4 bananas. 4 apples. 4 oranges, ice chest with two bags of ice, 6 large pre-washed towels, paper plates, napkins, paper cups, utensils and bottle olx'ner, 7. Hot Dinners will be provided to each ofthe performers alter completion of sound check. Dinners will be delixered to the performer's dressing room. Dinners will be pro~ided ~' a local restaurant. 8. Performer ~ill be paid in fi~ll IZ:' check aRer his performances is completed. 9. T~o men will be provided to help the band lear do~n and load Iheir equipment. 10. Securi~' will be provided for stage equipment and performers dressing roums. One security guard for stage area and one security guard for dressing room. I !. The performer will be co-headlining the concert and will have equal billing. ACCEPTED AND AG~ ~ REPRSENTATIVE FOR PETER WHILE_ BY: COLLIER CO~Y DATE: DATE: 16C'6 Revised July 26. 1996 PETER WHITE RIDER Please rr. ad this rider carefully. It is part of the attached contr~ for a performance by Peter White. By signing it, you are agreeing to supply the ARTIST with the equipment and working conditions which are essential to his performance. Any breach of the terms of this rider is a breach of coutract and entities the ARTIST to refuse to perform without releasing you of the obligation of the full contract price. IF PURCHASER HAS ANY PROBLEMS FULFR.LING ANY TERM OR PROVISION IN THIS CONTRACT, PLEASE CALL IMMEDIATELY. For technical or other inquiries: Call Steve Chapman ($15) 788-9557 THANKYOU. · ' 16C 6 Rider to contract dated bezween PETER WHITE (hereinafter referred to as "Artist") and (hereinafter referred to as "Purchaser") regarding the e~gagement at on The following provisions shah be deemed incorporated in and constitute pan of thc 1. METHOD OF PAYMENT B. A certified check, cashie, check, money order, or cash in the amount of /'~., S ~. OC~ . represenang ,he guaranteed amoun! and when applicable, made p~yyable to P~-TER WHITE shall be presented Io the Artist ot Artist's representative prior to showtime on Ih, night of the engagemenl. . · ..m.._ fc'!!::;':;4 Fr;.;':.::c,;,~. ~,'-~:1 bc ,,~ (I) .~,,.,,k.? ~"~-'~C~,;a,~C ~,-~)';'~,,C~,..~ ~;,D;-;..,C.~ ,G~- ,~,CJ,,.,,LL~;' S.,~.~, ~ ~u,,~ ,~ ,,,.~,,,,at ;~ /,~" ........ ,,=, ~ ,.F~C~C,;,,;,,~ upon l~lUC~. A ;c.~y .r -,-: .......... ~ "'~. ~ ....,,...,., L,~ d~c purchmvc[ iu Ci~pm,m .,..-,..., ...... o ............... ,- ..... ,, ..,, .~,. .n, .,,- ........ CA ~14-23 A representative of the Artist shall have the right to audit the books and records of Purchaser with respect to the PETER WHITE performance only at any time within (90) ninety days after the dale of the performance. 2. BILLING AND ADVERTISING /_ A. Purchaser agrees to comply with the following billing requirements in all manner and forms of advertising in connection with the performance, including, but not limited to tickets, paid newspaper advertising, publicity releases, programs, flyers, signs, posters. ., billboards and marquees. ,, L · .,,,.,- ...... ,..,, ,~,~ ....... L ,.. · ...... . ,.--m,, .... ,-,. id'" ~t, / (ii) .~:~ ~,~: .-.;.T~ ~ ,,.;-,,.= ~i I~ biiicd u~ u~d ;,, ~,,,,~fi~, -,~,, ,,,~ 1~ l~,,,,-,,cc ~ ~ 1~.~ 160 (LLi) ~c is undcmxx~ ~d ~gr~cl that any and all marqu~s must ~ in ~Id Icncrs: (iv) Artist shall have final approval of all advertising copy in regard to the pcrt'onnance. 3. CONCESSIONS A. Purchaser ~ that Artist and/or AttL~s rCl:~sentative shall have the sole and cxclusivc right to sac of ail forms and types of souvenir items, including, but not limited to booklets, buttons, T-shirts, programs, phonograph records and pre-recorded B. Purchaser agnes to provide adequate space for a representative of the Artist to sell such materials. C. Purchaser shall have no interest in thc proceeds from the sale of such items by Artist. A. Purch~ ~ to lnsu~ tha~ maximum security precautions will be enfo,r, ed. and to provide all secumy _ .~rsonncl and equipment necessary to protect Artist's sound, lighting B. Security must be provided in the areas used as dressing rooms, stage area, and all cnn-anccs and exits to the 'venue. C. In the event of multiple consecutive performance days, overnight security guards must be provided. D. Art~ reserves thc right to clear thc stage and backstage ~ of all non-cssenfial personnel and all persons not ~y associated with Artist's perf--. E. . R..cc.o~. 'rig, ~ping, broadcasting or filming of Artist's performance will not be perrmucx~ w~motn prior writ~n consent of Artist. 5. FIRST RIGHT OF SET-UP Whcn headlining, Putcluuet agrees, Artist shall have the f'trst right of set-up for aH p pomes snau not oc moved, relocated and/or be used by any other pcrson(s) other than Artist or its pcrso~l without the express permission of same. 6. SHOW CONTENT A. When I~cadiining, Artist rescrves thc sole right of approval of any and aH ~ers:_._g?up.s or~ that are to appear in conjunction with this pcrformancc, and B. Anism shall have the sole and exclusive control over the production, representation and __1~_ ~ .ce o.f the _engagement hereunder, including but not limited to the details, means an~ memo~ o~ the performance of the Artist hereunder. 2 6 16C Purchau3- agrees thai he will r~ot commit Artist or andy member of his Band to any personal appcatatr~ in~tvic,n orsay od~cr type of~m wig%out prior consent of Anisc The name of the Artist may nol be used or associated ~y or indir~tly with any product or service without the prior consent of Artist 9. RADIO $ PONS ORS/I:~ I:-<:EN'I'ERS,t'Y)-PROMOTE~ Pu/o'saser shall nol use shy radio station as sponsor/l~senter/co-promoter without prior consent of Artist l 0. PHOTOGRAPI-ih~S No plxxo~phm shall be silos,ted backstage, on stage, or in front of stage without prior consent of Artist. 1 I. COMPLIMA'NTARY TICK:E'I~ A. Purchaser shall provide Artist with (24) twenty-four complimentary tickets for each .p._._.;,~.___. -.:'.,..~.. --.: ....... · ..... · ........ ~' .......... ~"' 12. DRESSING ROOM FAC"rI.rl'IK<; /'~" ~ .m _.3_. o...,,.;,.,.,~, .~ __!_? ..... · ."'m · ---- u ~; ___~_il, W~U hi,, W;II liia. ul~,a,u;,,.~ ,,,~, .... ~,, ,,,,,.,~ ~,,,,~ ~..m4et'.------l~ ............. I..:oL---, - , - . , - - _ . . -- . / -1,~ Y ar,~ ............ · Y --- ' " .i:...' ...... .,....-.-.,.,,,,,,,, om me oe~3nnmg o~ l(~3-m to the completion of load-out. Parking is rcquir~ for one cargo van and one smio~ wagon with clear access from the vehicles directly onto thc sage with no ~ impedin~ the movement of equipment. 3 16C 6 14. LOAD£RS/STAG'EHAND~ Purchascr agrees to supply, at his solc cost and cx~pcnsc, a minimum of two (2) loaders/ stagehands at thc placc of pm'f~ from ioad-m to load-out for the purpose of equipmem handling and moving. 15. BACKSTAGE HosPrT.ALITY ~ shall wovi~ at his sole ~ at least one hour prior to Artist's ix:rformance in Artist's drcssmg room, the following items: A: CHF~SE PLATTER with a.v, ofled chccscs, r~llshcs and condiments sufficient for (7) s~vcn people, wi~h one (1) loaf of whole-wheat ~ wiLh mayonnaise, mustard, and buttc'r. B: NATURAL FRLrlT ~rlC~ To include one quart orange juice and onc qum't grape~it ~ce. C.' E: F: G: H: WATER Twdvc (12) o~c Uae Ixxtles of Evian, or other nm-carbonated bottled _ =__.. ................... ,-, ............... ,..,,,,, ,:,: Six (6) large pre-washed towels. PAPER PLATES. NAPKINS. PAPER CUPS. UTENSILS SUFFICIENT TO SERVICE ABOVE: CORKS~ AND BOTTLE OPENER, 16. A. ~ ~ ~ 25 f~ x 12 f~ x 5 f~ ~d of ~lkl ~s~o~ ~b~ of hold~g o~ons. . B. One drum risc3' 8 feet x 6 feet x 2 feet of soUd consu'u~on. 4 ~ II IIIII III IIIIII III 16C 6 18. Stage Power:. A minimum of two (2) separate outlets of 120 volts (30 amp circuits). Each outlet should be divided into Quad Boxes. T~e outlets should bc Downstage L~ft and 19. SOUND REO~NI~ Pumhas~ must supply and p.a.y f _or., at his sole cost and expense, a Concert Sound System subject to the following con~derauons: effects B. C. D. E. F. O. One twenty-four (24) channel house mixing console with three-band EQ, and mufti- send. 1/3 octave graphic equalizer. 3-way or ,t-way house speaker system. Sufficient power Amps to drive system without clipping at high volume. Twelve (12) low impedance studio microphones with stands and cables. Five (5) direct boxes with cables. Two (2) Digital Reverb units (SPX-90 or Rev-7) and one (I) Digital Delay unit · The sound system shall be of sufficient size and quality to deliver to all member~ of the audience an amplified blend of Anisfs music (including ail instruments, as well as vocals) free of distortion, feedback and extraneous noises to the satisfaction of the Artist or Artist's representative. 20. STAGE MONITORS A. Twenty-four (24) channel monitor mixing console capable of providing four (4) separate mixes. 1/3 octave graphic equalizer for each mix. B. Seven (7) floor monitor wedges with 12-inch speaker and horn. 2 I. SOUND AND LIGHTING PERSONNI~. Purchaser agrees to provide, at his sole cost and expense: Ao Personnel to mix house sound and to mix monitors. Personnel to run stage lighting and spotlight. House electrician. · 22. SOUND CHECK A. A sound check is mandatory. Purchaser agrees that Artist shall receive a sixty (60) minute sound check at a rime to be designated by Artist's representative. If sound check is not supplied, Artist shah be excttsed from his obligation to perform hereundel' and Artist shall be entitled to payment in full of aH compensa~on described herein. B. Sound check shall not commence later than ninety (90) minutes before the doors open. 23. LIOJ:iIIE Purchaser agrees to provide, at his sole cost and expense, overhead lighting consisting of at least 125 par 64 cans situated on trusses or trees with four (4) colour gels, dimmer board and operator. One spotlight with operator to be provided. 24. BACI~ INSTRUMENTS b~Pt~c, h~ a. gr~. s to_provide.., at ~s/~. er sole cost and expense, backline equipment including ut not ltrmte~ to: Drums, t~nss ~auitar Amplifier, Keyboards, Guitar Amplifier as per tour manager advance. 25. ~,_~ A fa,.,.4,., .... u..u :.a~_:f-; ,..a-..A3,;,~.'. .... r ,- ...... a ,., ,,,. ,- ,,1~ ~ ~,~'.~ Pur?haser sh_~l' also mde. n~.ify. Artist against any and all damage occtaxing to Artist's eqmpment at me venue, ,ncluding, ~t not limited to, damage suffered due to inclcment/?~ weather. B. In the event that the Artist, due to no fault of his own, is present and unable to perform, or is prey.eh, ted .f~m performing dm'ing thc time periods specified in thc contract, ...-'"" Artist shall, nevermeless, oe paid in full and shall not be obliged to perform at any other rime period. C. An:ist's obligation to perform hereunder shall be excused if Artist is unable to perform as a result of illness or injury; detention resulting from inability to obtain reasonable modes of n'anstm~tion; riots or other manifestations of civil strife; suikcs or other forms of labor difficulties; epidemics; an act or order of any public authority or cotm; any act of GOd; and/or any similar~t..d~,imil~cause beyond Artist's reasonable conn'ol. A~ AND AGRggl3 TO: A~ AND AGRlk'gD TO: BY: PURCHASER ARTIST variety artists International, inc. $55 Chorro Street, Suite A-1 San Luls Oblopo, CA 03401 Te1:8051544-1444 Fax:805/544-2444 C 0 N TRA C T cor, ,cr,; AGENT: Bob Eng¢l Agreement m:~e ~is ~t~. ~ur~ay. May 14. 1~8 ~ CRAIG CHAQUICO I~in~ ml~ to ~ 'PRODUCER'} ~ COLLIER COU~ PARKS d~rcinaflcr rcfc~c~ to as 'PURCIIASER"). ARTISTt St: Billing: CRAIG CHAQUICO CO-HEADLINE / 10t.w% TYPE SIZE.PETER WHITE & CRAIG CHAQUICO "Royal Palm Jazz Festival" Sugden Regional Park. Naples . FL. Phone: Fax: Had Mgr. Sat. Aug 22. 1998 Artist to Perform one (!) show approximately 2 112 hours in length. Ouantit~' Grs Price Deduct Ne~ Price 3.0L~) ~Days/Shsss: I / I Load In: per Snd Chck: p~ ~J~ncc Doors Open: per advance ~ $0.00 TAX: % Per Shov,: L0n0 NET.. $0.00 Total tkts: 3.000 16C Shosstime(s): 6:00 pm Onstage: per ads anco Ages: All Age~ Curie'.,.: N/A ~lerchandising. Artist ~ll: ~A ~ Build ~11: ~ TERMS: $8.000.00 Flat Guarantee PLUS first class hotel rooms (.5 s;nglcs) and all hacklinc n..quifcmcnts per ArIiM hoer spectlh.'alions and suhjcct lo Artist's approval. 6 NO DEPOSIT REQUIRED Guarantee due Amst in CA$1t or CA$111ER'$ CHECK immedialely prior to perlormance. PL'RCHASER A(~FF_~ TO ~( )VIDE AND PAY ~ A SOUND AND UGHr An) prmlcd ~nlion o1' the ~ords ~Jelf~n Slanhip" mu$l ~ prefaced by tl~ phra,u "lum~crl) or' ~nh a i~pe ~i/c thai i~ m~ticcably smaller than t~ largest I)~' size in billJllg. Production c~t: Peg Ruby Ivarictv Att'sis 'nk w,rc information: Wcs'a~ca Ba~k ABA ' 1211~O218 ] I Con,tact:Il I ' Variety AfllSl$ Account e 0285494910 Rccetsed Bank Address: ~4~ H[~a SI.. San Lui$ Obits. CA Purch~er shall tint apply any a~ all r~eipts ~fiv~ from I~ entrainment ~ntatmn lo the payments mquir~ ~r~n~r. All payments shall ~ made in Mil with(mt any deduclion ~hal~ver. In the evenl contract rider is m)l returned ~sith thi~ contract, it ~hall ~ deemed th~ ~ rider and all of ils contents have ~en approv~ and ~'ill ~ ~red lo. (Continued on re~er< side.) I~na r, ure 0~18, Approved as to Form of legal Su~cienctj: A.~irtant ¢oun~ Attome~ Tom Palmer Board of Collier Count,.j Commir~ioner~ CoUier Count~j. Florida Buy Barbara B. Berr,g Title: C}~airFer:on cio t,~.r~ ~~,: ~. ~a'~-~.2sss / Los Angeles. CA. 9l~JOg ~qeturn alt S~OneO 16C 6 Amendment to Agreement Royal Palm Jazz & Arts Festival Saturday, August 22, 1998 .. This addendum amends and e~K.t, se~ the contract provisions in the basic apeement and the rider to the :/f/."/" .. ' contract, superceOes !" The Collier County Parks & Recreation Department agrees to provide the follo-ing services for Craig Chaquico for his performance in Collier County, Florida on Saturday, August 22, 1998, from 6:00- 9:00 PM. I. First Class Hotel Accommodations will be provided for 5 people (5 singles) on Saturday, August 22, 1998 at the Trinanon Hotel. This excludes the county fi.om extra charges such as roem ser~ce. drinks, food, or telephone calls, etc. 2. Two men will be provided to help the band unload their equipment at the concert. 3. One Motor Home will be provided for a dressing room at Sugden Regional Park. Size of Motor Home will depend on what is donated, but will not be less than 20' long. 4. Up to 24 Complimentary Tickets will be provided to the entertainer upon request. 5. ,All Power Requirements. Sound Requirements, Sage Monitors, Sound and Lighting Personnel. Sound Check. Lighting and Backline Instruments will be provided. 6. Food will be delivered to the performer at his dressing room one hour before that performer goes on stage. Craig Chaquico will be provided with: Soda. Drinking Water. Gatorade. Fruit Juice. Deli Tray. Fruit Plate, Chips and Dips 7. Hot Dinners will be provided to each of the performers after completicm o£sound ch~k. Dinner~ v, ill be delivered to the performer's dressing room. Dinners will be provided by a local restaurant. 8. Performer will be paid in full by check after his performance is completed. 9. Two men will be provided to help the band tear down and load their equipment. | 0. Security, will be provided for stage equipmmt and performers dressing room. One securi~' guard for stage area and one security guard for dressing room. ! ]. The performer will be co-headlining the concert and will have equal billing. ACCEPTED AND .~,EPR~~ F6R CRAI~CHAQ. UICO - BY: DATE: COLLIER COUNTY 16C 6 CRAIG CHAQUICO & ACOUSTIC HIGHWAY CONTRACT RIDER AGENT: Bob Engel Variety Artists 555 Chorro Street Suite A-I San Luis Obispo, CA. 93401 Phone: (805)544-1444 Fax: (805)544-2444 MANAGER: Laura Engel or Jeff Skolnick Engel Entertainment 3236 Primera Avenue Los Angeles. CA. 90068 Phone: (213)874-4206 Fax: (213)874-8506 Higher Octave Music 23715 West Malibu Road, Suite 358 Malibu, Ca. 90265 Phone: (310)589-1515 Fax: (310)589-1525 Contact: Scott Bergstein PUBLICITY Jerry Brown/Steve Levesque Lee Soiters Company 8383 Wilshire Blvd., Ste. 850 Los Angeles, CA. 90211 Phone: (213)651-9300 Fax: (213)651-5944 : : 16Co6 CRAIG CHAC UICO · ^cousTIc 1. BACKLINE Craie Chaauico (euitars) 2 P.A. type vocal monitors that have a 12" speaker and a horn 2 guitar stands (if possible) A 4 foot high stool Ozzie Ahlers (keyboards) Ensoniq TS-10 Apex U.S. stand TOA 4-channel pre-mixer Two direct boxes Separate monitor mix Wade O[son (drums) Prefers Ludwig drums and Zildjian cymbals w/Remo Ambassador coated heads: Standard 4 1/2" snare 22" kick drum 20" ride cymbal 18" thin crash , 14" high hat Drum throne & All Hardware lim Reitzel (bass) A 4 foot high stool Prefers SWR small bass amp with (1) 10" or 12" speaker Carvin 150 watt bass amp Galien Kruger Series 2 (Model 200MB) 2. POWER' We need three (3) 20 ampere circuits, one on each side of the stage and one at stage center for the exclusive use of band equipment. These circuits must have a regulated supply of electricity at 110 volts. "IF YOU HAVE ANY PROBLEM WITH THIS REQUEST PLEASE INFORM ME IMMEDIATELY SO WE CAN WORK IT OUT. THIS IS VERY IMPORTANT. PAGE 1- 4/21/95 ~NGEL [NMENT May 14, 1993 RE: Craig Chaquico - P~motional materials/advertising restrictions To Whom It May Concern, Effective as of April 9, 1993, any promotional material for personal appearances of Craig Chaquico or bands with which he is assodated must conform to the following restrictions: (1) any printed mention of the words 'Jefferson Starship" within such materials w~ll be prefaced by the phrase "formerly of,' and (2) the phrase 'formerly of Jefferson Starship," when appearing in any such pdnted promotional material, w~ll be of a type size which is noticeably smaller than the largest type size uhlized in such promotional material so that such phrase is not the predominant feature of any such material. Thank you for your cooperation. LE/s~ 3236 PRIMERA AVENUE LOS ANGELES. CA 90068 213/874'4206 FAX 213/874'8506 16C 6 L~GHTING REOUIREMENTS Purchaser shall provide and pay for a first<lass lighting system of ARTIST'S choice in consultation with Artist's Tour Manager. All lighting systems shall consist of the following minimum requirements: 1. Lighting with as many par 64's and specials to cover 4 band members on stage; 2. Specials for all 4 members; 3. Spot light with operator; 4. Lighting Operator;, 5. One (1) fog machine; 6. Intercom system from the .sound board to the light board, monitor board, house lights and spot light; and 7. Ail lighting power will be on an isolated electrical service separate from the sound power. SOUND SYSTEM REOUIREMEN'I~ A. A first class, professional quality sound system suitable acceptable to the Artist shall be provided by the Purchaser:. to the venue and 1. House console shall be at least 24 channels (Soundcraft, Yamaha, Gamble, or equivalent); 2. House speakers shall be at least a 3-way/tri-amped system. A 4-way system with 18" subs is preferred (Meyer, Turbosound, EAW, or equivalent); 3. Monitor console shall be at least 24 channels capable of providing six (6) discrete mixes (Soundcraft, Yamaha, TAC, or equivalent); 4. Monitor console position shah be equipped with a high quality intercom system between the house and monitor mixing positions; and 5. Monitor wedges shall be at least a 2-way/bi-amped system containing a 12' or 15" woofer and 1" or 2" horn. At least eighl (8) wedges shall be provided on-stage (not including the mixer's cue wedge). Any deviation from these requirements must be cleared through Artist's Tour Manager & House Engineer, Dave Pennells at (818)718-7374 or (818)843-1823. B. Outboard Gear- Included in the sound system, at the house mix position, the Purchaser shall provide: 1. One (1) digital reverb (Lexicon PCM-70, LXP-I or LXP-15, Yamaha SPX-900, or equivalent); 2. Two (2) compressors (DBX 160X, 166 or equivalent); 3. Two (2)'gates (Klark-Teknik, Valley or equivalent); and 4. All necessary cables to patch gates and compressors into individual board channels. A r~ .... ;,'.~r I?,',-- --~-, ? ..... ~- ~:-~.~ .: .... -~-',-' - - - ~ t ~- d-~2--~ ......... it~ ,.~-, ~ ........ ['7~ .... ~__ ,t ..... _~____,~ , ..... Page ,Z AP~ .~.'Z:'S C.".E:V. GD~N ¥O l~E F, GAD i~qAGER UFON h~S ~-eAL. ~ ;'~ EE ~EO AT LOA~u I. ~e hour prior io ~hownme, the foiiowin~ tie.,> ,l~uld be put m the AHisrs dre~mg roo~.: Wariou$ repe$fiment$ - ~e leave ~s up to your di~etion; however, may we ~, ~as, d, ~ng water, Gato~d e, ,~it juice/~da.~~~~7 V~r~o~s s~cks - De~ ~y, ~it plate, ~ ~ di~. ~ ~ B. Dinner - Dinner is to be served hot after soundcheck, with enough for~ people (if the Purchaser does not have the kitchen facilities, he may opt to provide $15.00 per person for the band and their crew to eat at a local restaurant). ' GENERAL R~OUIREMENTS -1 A. Promotion - Artist is open to personal appearances, interviews, or any other type of promotion or appearance; however, Purchaser agrees that it w411 not commit Artist without prior written consent of Artist's management. Recording - Purchaser will not permit the recording or broadcast, audio and/or visual, of any performance of Artist, without prior written consent of Artist's management. C Merchandise - Artist shall have the 'sole and exclusive right, but not the obligation, to sell souvenir merchandise carrying Artist's name (i.e. T-shirts, posters, jackets, etc.), including phonograph records in connection with and a performance hereunder and the receipts thereof shall belong exclusively to the Artist. D. Comps - Purchaser agrees to make available al no charge to Artist, up to twenty (20) of the best seats in the house (middle row center) for the Artist's guests. Eo Security - Promoter shall supply, at his own expense, security guards and staff for the protection of Artist, Personnel, and of the Audience at Artist's performance. Promoter shall exercise due care in the selection, employment and supervision of such security; and in the event of any legal action or claim against Artist by reason of property damage or personal injuries to any person, Promoter agrees to indemnify and hold Artist harmless from any liability for all such damages or injuries, including costs of defending against them. FORCE MAIURE A. If any member of Artist's party shall become ill or incapacitated or if Artist shall become unable for any reason outside of his control to attend the engagement, Artist shall not be required to perform the engagement in which instance, any monies paid by Purchaser shall be returned forthwith and neither party of this agreement shall be under any further obligation to each other for any further performance. Bo In the event of a civil disorder the likes of which could result in damage to life and property, Artist in his sole judgment, shall have the right to terminate this agreement at any time without liability. Page~ 6 O~R EVENTS A. Stage must be covered by canopy or roof. B. Artist will be paid in full according to contract if show is canceled due to adverse weather conditions (i.e. rain, winds exceeding 25 m.p.h., hail, snow, etc.). C,. The band will not perform outdoors in temperatures below 60 degrees. Decision to cancel performance or move indoors will be left to the joint discretion of the Purchaser and the Artist's representative. D. If promoter does not have a suitable indoor location, promoter must pay Artist in full. A. ~fllement - Purchaser agrees to pay any guarantee due to Artist in cash prior to performance. If contract calls for Artist to receive an admission percentage, Purchaser agrees that immediately upon completion of performance, Purchaser shall furnish Artist or Artist's representative with a full and complete accounting of admissions and additional percentage monies if any made payable, in cash. B. Ali payments (guarantees and overages) shall be made to Artist or designated representative upon demand, in cash. C. Artist's road manager or designated representative must have access to the box office and sales accounting upon reasonable notice during the day of performance. D. ALL PAYMENTS TO ARTIST ARE TO BE MADE IN CASH, except in the case of universities. E. For tax information, all payments are to be made to: Craig Chaquico - Federal ID #549-04-2888 c/o Engel Entertainment 3236 Primera Avenue Los Angeles, CA 90068 AGREED TO AND ACCEPTED BY~~ PURCHASER ARTIST REPRESENTATIVE DA'I E DATE Page Channel # 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 CRAIG CHA@UICO INPUT'LIST Input Mic Kick Drum RE20 Electronic Dnm~ D.I. Electronic Drum D.I. Hi Hat Condenser O/H S.L. Condenser O/H S.R. Condenser Drum Machine D.I. Bass D.I. Guitar S.L. D.I. Guitar S.R. D.I. Keyboard S.L. D.I. Keyboard $.R. D.I. Vocal Mic 58 DAT Player L. DAT Player R. Reverb L. Reverb R. Inseg Gate Compressor 6 · ° 16C 6 16D 1 RESOLUTION NO. 98- 230 RESOLUTION AUTIlORIZING THE EXECUTION AND ACCEPTANCE OF AN AGREEMENT BETWEEN COLLIER COUNTY AND THE NATIONAL WEATIIER SERVICE (NWS) FOR TIlE TRANSFER OF A NOAA WEATIIER TRANSMITTER TO NWS UPON INSTALLATION AND ACCEPTANCE AS FULLY OPERATIONAL WilEREAS, the Florida Deparlmcnt of Community Affairs through the Emergency Management Preparedness and Enhancement Trust Fund has made funds available for the installation ofa NOAA Weather Transmitter; and WHEREAS, a NOAA Weather Transmitter within Collier County would provide warning coverage over the western portion of Collier County and its coastal waters; and WllEREAS, the National Weather Service has agreed to operate and maintain this NOAA Weather Transmitter upon installation and acceptance as being fully operational; NOW TllEREFORE, BE IT RESOI.VED BY TIlE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA that the Board approves thc attached Agreement for the transfer of a NOAA Weather Transmitter to the National Weather Service upon its installation and acceptance as fully operational by NWS. This Resolution adopted after motion, second and majority vote Dated ATTEST' DWIGHT E BROCK. CLERK Approved as to form and legal sufficiency: omas ~'i. Palmer Assistanl County Attorney BOARD OF COUNTY ('OMMISSIONERS COLLIER COUNTY. FLORIDA NOAA WEATHER RADIO TRANSMITTER AGREEMENT 1. PURPOSE This agreement is entered into by the Collier County, Florida, Board of County Commissioners (hereinafter referred to as the Cooperator) and the U.S. National Weather Service ("NWS"), as "Parties," for the purpose of donating a NOAA Weather Radio ("NA,VR") transmitter ~stem by the Cooperator, to the NWS. The NWR transmitter system will greatly improve communications to the public regarding weather emergencies in and around Collier County, Florida The NWS enters this Agreement pursuant to the authority at 15 U.S.C 313 and 15 U.S.C 1525. The rights, duties, responsibilities, terms and conditions of this Agreement are not transferable or assignable unless through prior written instrument executed by both Parties. Each Party agrees to use due diligence and exercise good faith in fulfilling all of its obligations under this agreement. II. EQUIPMENT PRO(~UREMENT. INSTALLATION AND TRANSFER The Cooperator agree~ to provide the transmitting and antenna system equipment as specified by the NWS. The Cooperator is solely responsible for all aspects of equipment installation. The Cooperator shall install transmitter equipment meeting NWS specifications. The Cooperator agrees to install only transmitter equipment purchased from a vendor for whom the NWS can provide necessary maintenance. As of the date of this agreement, the only vendor for whom the NWS can provide maintenance is INTEC. Until the system is fully operational and "accepted" in writing by the NWS, it remains the property of the Cooperator. The NWS agrees to use the transmitting and antenna system donated by the Cooperator exclusively for the purpose of providing emergency weather warnings to the general public as part of the NWR weather warning system Upon acceptance in writing by the NWS to the Cooperator of the transmitting and antenna system equipment from the Cooperator, the parties hereby agree that full ownership and operation of the system shall transfer to the NWS. Iil. LICENSE AND OPERATING REQUIREMENTS The NWS will obtain the radio license necessary for the operation of the transmitter(s). The license shall remain the property and responsibility of the NWS. The Cooperator agrees to provide all information reasonably required for the license application. The 1691 ': Cooperator also agrees that broadcast content will originate solely from an authorized NWS source. IV. DEFINING SERVICE AREA The NWS will provide a map showing the area serviced by a signal level of 5 microvolts/meter or more within 90 days after the transmitter(s) are placed in operation. V. MAINTENANCE Once the transmitting system donated by the Cooperator is accepted, the NWS shall be responsible for transmitter maintenance and ensuring the transmitter emissions meet specifications and that the transmitter(s) operate{s) reliably. The NWS, particularly when made aware of a Radio Frequency Interference ("RFI") problem, shall be responsible for providing an immediate technical checkout and repair of the transmitter. Vl. ACCESS The Cooperator hereby grants the NWS and its agents access to the radio towers where the NWS transmitting and antenna system equipment is located to maintain and perform testing on the equipment, as the NWS determines necessary. This right of access is not assignable without the prior written consent of the Cooperator. The NWS agrees not to tamper with any non-NWS transmitter equipment at the tower sites, and the Cooperator agrees not to tamper with N~VR transmitter equipment at the tower sites, unless requested to do so by the NWS. VII. PUBLICITY The NWS off'ice responsible for the transmitter service and the Cooperator will coordinate and jointly issue a public announcement covering the new service. VIII. FINANCIAL RESPONSIO~ILITY All costs associated with the acquisition and installation of the transmitters and antenna system and any associated equipment shall be. borne by the Cooperator. Ownership of the transmitting equipment shall be transferred by the Cooperator to the NWS, as provided herein. The NWS shall pay, subject to availability of appropriated fi~nds, for maintenance of the NWR transmitter and antenna, including the installation of communication lines. IX. AMENDMENTS This Agreement may be amended or modified at any time only by written mutual consent of the Parties hereto, 2 X. EFFECTIVE DATE This agreement is effective as of the last date shown below when signed by both parties hereto. FOR COLLIER COUNTY: B~a~ar~'~; Berry,~hai~ma~> ~ Board of County Commissioners Date: ' .~ '~ FOR THE N '~ION WEATHER SERVICE BY,. ~ - .... ( ~- X. William Proenza, Acting Regional Director' Date: -"/~t ATTBST: DWIGHT E. BROCK, CLERK A .-(Deputy tte.t as ~o signature 0nl~. Approved as to Fornzand Legal Sufficiency Thomas C. Palmer, Assistant County Attorney BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE JU~E 23. 1998 FOR BOARD ACTION: I. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: 2. Districts: A. Cow Slough Water Control District - fiscal year 1998/1999 meeting dates and budget. AGENDA I,..T E M No. JUN 2 3 Post Office Box 1986, Arcadia, Florida 34265/Phone: (941) 494-4021/Fax: (941) 494-5361 May 29, 1908 Mr. Dw~ht Brock Clerk of the Circuit Collier County Courthouse 3301 Tamismi Taft East Naples, Florida 33941-3044 Dear Mr. Brock: Enclosed Is the budget and meeting dates for fiscal year 1998/1999 for Cow Slough Water Control District. b f~e thlt bLt'orlultJou [u lecordance with FlorMa Statutes 189.417 0), 189.418, 218.34 Fo), and 298.S4. Thank you. District Administrator Cow 81ough Water Control DIstrict Enclosures (2) Certified Marl Number: P 340 104 122 COW SLOUGH WATER CONTROl, DISTRICT MOITrHLY ME~I~ING LANDOWHER'B MEETING DATF.~t FOR 1998/199~ The reLmlar monthly meetln~ of the Board of Supervisors for the Cow 81ough Water Control District for fiocul year 1998/1999, wm be held on the fourth Thursday of each month at 3:00 p.m~ in the County Extension Omce located on 225 Pratt Boulevard, L~Beile, Florida (off Devils Garden Drive). The monthly meetln_o~ to be held In November and December 1998, will be held on the third Thursday of tho~e months due to the holidays. The monthly meetinf which wm be held on Thursday, May 27, 1990, will be combined with the Annual Lendowner's Meettuf for the purpose of electinf omces, establbhinf tn resent rute for the 1999/2000 year, and conductinf such other business which may be properly broufht before it. BOARD OF SUPERVISORS By: Dana Clement TAX CAPITAL CONTINOF. NCY TOWNflERD CANAL PROJECT .__~5.000.0(O (8eeoud payment rot the purehsmo of the eooement on tho Townsend ~O_TAL MAJNTEAAA~UDO]~ $ TOTAL CAPITAL BUDGET $ __8J,6.24.00_ TOTAL MAINTENANCE BUDGET J~,~.0o_ LES8 ESTIMATED CARRT-OVgRI-I -O- gU~ -_T_0_.T~ $ J~0,~_84.0o TAX FEES/EARLY PAYMENT DISCOURT 8% OF SUB-TOTAL FIGURE (+l __10, ~8_6,_00 TOTAL CAPITAL & MAIN'r~NAN~E BUDGI~ 8 13i.070.00 $131.070.00 F_(~S~IJ_~T~: TOTAL CAPITAL AND MAINTENANCE BUDGNT F.~UAL8 $131.070.00 DFVIDED BY 8740.16 ACRK8 IN DISTRICT - $15.00 PER ACRE FOR FISCAL YEAR 1998( 1999. $131.070.00 16H .3 Date: To: From: Re: June 24, 1998 Joyce Houran, Grants Coordinator Collier County Sheriff's Office Ellie Hoffman, Deputy Clerk Minutes & Records Department Certification of Acceptance of the Subgrant Award for the Anti-Drug Abuse Grant #98-CJ-6J-09-21-01-202 Street Gang Prevention and Apprehension Program Enclosed please find the original document as referenced above, Agenda Item 16H3, approved by the Board of County Commissioners on June 23, 1998. If you should have any questions, please contact me at: (8406). Thank you. Enclosure 16H State of Florida Department of Community Affairs Division of Housing and Community Development Bureau of Community Assistance 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 CERTIFICATION OF ACCEPTANCE OF SUBGRANT AWARD The subgrantee, through its authorized representative, acknowledges receipt and acceptance of subgrant award number 98-CJ-6J-09-21-01-202 in the amount of $19,972, for a project entitled: Street Qan~ Prevention and Apprehension Program I for the period of 06/01/98 through 09/30/98, in accordance with the statement of work contained in the subgrant application, and subject to the Department of Community Affairs' conditions of agreement and special conditions governing this subgrant. ficial) (Date ~ A~ceptance) Barbara B. Berry Chairwoman, Collier cgun~y commission (Typed Name and Title of Official) '~' 'ATTEST:..'.' :,, ' "' 'DWIG~i' E',..B,,I~., CLERK .; ':, , .... ;..~ *. ·. ~ < Attest as to Ch~tmin'$ "-, s Ignature"onlT. Approved u to form & legal surfioioncy /Llsi~t, ~}m~tI A~e.e; DCA-CJ Form I (June, 1985) M~O~ Date: To: From: Re: June 24, 1998 Joyce Houran, Grants Coordinator Collier County Sheriff's Office Ellie Hoffman, Deputy Clerk Minutes & Records Department Certification of Acceptance of the Subgrant Award for the Anti-Drug Abuse Grant #98-CJ-6J-09-21-01-201 Serious Habitual Offender Comprehensive Action Plan (SHOCAP) Program Enclosed please find the original document as referenced above, Agenda Item 16H4, approved by the Board of County Commissioners on June 23, 1998. If you should have any questions, please contact me at: (8406). Thank you. Enclosure 16H State of Florida Department of Community Affairs Division of Housing and Community Development Bureau of Community Assistance 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 CERTIFICATION OF ACCEPTANCE OF SUBGRANT AWARD The subgrantee, through its authorized representative, acknowledges receipt and acceptance of subgrant award number 98-CJ-6J-09-21-01-201 in the amount of $46,012, for a project entitled: Serious Habitual Offender Comprehensive Action Plan (SHOCAP) Program for the period cf 06/01/98 through 09/30/98, in accordance with the statement of work contained in the subgrant application, and subject to the Department of Community Affairs' conditions of agreement and special conditions governing this subgrant. (si~3n~t'u'~e ~f '~~~-~ficial) Barbara B. Berry, Chairwoman~ Collier County Co~ission ..(Typed Name and Title of Official) (Date ~ - A~ cept ance ) Approvod as to form & legal sufficiency County Attorney DCA-CJ Form 1 (June, 1985) 16 -1 Date: To: From: Re: June 24, 1998 Rodney Wade, Assistant County Attorney Ellie Hoffman, Deputy Clerk Minutes & Records Department Settlement Agreement and Mutual Release in the case of Sunshine Excavators, Inc. vo Collier County Enclosed please find the original document as referenced above, Agenda Item #1611, approved by the Board of County Commissioners on June 23, 1998. If you should have any questions, please contact me at: (8406). Thank you. Enclosure SETTLEMENT AGREEMENT AND MUTUAL RELEASE This Settlement Agreement and Mutual Release ("Agreement and Release") is entered into and made on this ~ day of ,.~- , 1998, by and between Sunshine Excavators, Inc. ("Sunshine"), a Florida corporation, and Collier County ("County"), a political subdivision of the State of Florida, with respect to Case No. 97-1760-CC-11-ECT, flied in the County Court of the Twentieth Judicial Circuit, Collier County, Florida, styled Sunshine Excavators. Inc. v. Collier County, as well as all claims or controversies between Sunshine and County that could have been asserted in that case or that in any way relate to or arise directly or indirectly from Sunshine's asserted claims in that case. WITNESSETH: WHEREAS, Sunshine filed an action against County in the County Court of the Twentieth Judicial Circuit, In and For Collier County, Florida, styled Sunshine Excavators, Inc. w. Collier CounO', Case No. 97-1760-CC-11-ECT ("Lawsuit"); WHEREAS, Sunshine has alleged various claims against the County in the Lawsuit and the County has filed its responses; WHEREAS, Sunshine and County, without admitting any liability or fault by either of them, nevertheless recognize the cost and uncertainties of litigation and now desire to fully and finally resolve any and all claims, known or unknown, asserted or that could have been asserted by Sunshine in the Lawsuit, including but not limited to all claims for compensatory damages, attorney's fees and costs; NOW, THEREFORE, in consideration of the mutual covenants, promises and considerations set forth in this Agreement and Release, the sufficiency of which is hereby acknowledged, and with the intent to be legally bound, Sunshine and the County mutually agree to the following: 1. Sunshine and the County agree to adopt and incorporate the foregoing recitals, sometimes referred to as "Whereas clauses," by reference into this Agreement and Release. 2. County agrees to pay Sunshine the sum of Six Thousand Dollars ($6,000.00), within approximately thirty (30) days, in full satisfaction of all claims Sunshine has made or could have made in the Lawsuit or that relate in any way to or arise directly or indirectly from Sunshine's Lawsuit. 3. Sunshine agrees to assist its attorney in preparing and filing a Notice of Dismissal with Prejudice in the Lawsuit and also agrees that such a Notice shall be filed immediately upon receipt of the S6,000.00 payment. 4. Sunshine represents and warrants to the County that it has not filed any other charge, lawsuit, claim or any other action against the County or any entity or natural person that is or has been associated with, controlled by or under common control with/ofthe County. 5. Except for any claim to enforce the terms and conditions of this Agreement and Release. Sunshine. on behalf of itself and any and all heirs, executors, administrators, legal representatives and assigns, shall and hereby does fully and finally unconditionally, release, acquit, remise, satisfy and forever discharge the County, its elected officials, officers, employees, former employees, attorneys, agents, representatives, predecessors, successors, insurers, sureties and assigns from any and all manner of action or actions, cause or causes of action, suits, debts, dues, sums of money, accounts, reckonings, covenants, charges, damages, obligations, liabilities, contracts, promises, judgments, executions, claims, coml~laints, legal or equitable and whether known or unknown which Sunshine has asserted in the Lawsuit. had. or now has or may have against the County, whether known or unknown, arising out of or relating in any way to the claims or allegations in the Lawsuit. 6. Except for any claim to enforce the terms and conditions of this Agreement and Release, the county shall and hereby does fully and finally remise, release, acquit, satisfy and forever discharge Sunshine, its attorneys, agents, successors, insurers, sureties, predecessors, heirs and assigns from any and all manner of action or actions, cause or causes of action, suits, debts, dues. sums of money, accounts, reckonings, covenants, contracts, promises, damages, judgments, executions, claims or demands whatsoever, whether at law or in equity and whether known or unknown, which the County had. now has, or may have in the future against Sunshine arising directly or indirectly out of or relating in any way to Sunshine's Lawsuit. 7. Both Sunshine and County agree to waive the fight to seek payment of attorney's fees or costs incurred in the Lawsuit, and both parties agree to pay for their respective attorney's fees and costs incurred in the Lawsuit. 8. This Agreement and Release is the result of a compromise of disputed claims and it is understood that the execution and performance of this Agreement and Release by the County does not constitute, nor shall it be construed as, an admission that it has violated any law, statute, rule, regulation or ordinance of either the United State or the State of Florida, or breached any federal, state or local law, policy or practice, or that any of merit whatsoever. The County explicitly denies any such duty owed to Sunshine under Sunshine's claims have any wrongdoing. 9. 10. This Agreement and Release shall be governed by the laws of the State of Florida. This Agreement and Release is freely and voluntarily executed by Sunshine and County after they have been apprised of all relevant information concerning this Agreement and Release and after they have received advice of their respective counsel. In executing this Agreement and Release, Sunshine and County do not rely on any inducements, promises, representations other than the promises and representations set forth in this Agreement and Release. In this regard, Sunshine and County acknowledge that this Agreement and Release is the product of mutual negotiation and no doubtful or ambiguous provision in this Agreement and Release is to be construed against any party based upon a claim that the party drafted thc ambiguous language. 11. This Agreement and Release may be amended only by a written instrument specifically referring to this Agreement and Release and executed with the same formalities as this Agreement and Release. 12. Should any provision ofthis Agreement and Release be declared or be determined by any Court to be illegal or invalid, the validity of the remaining parts, terms, provisions, shall not be affected thereby and such an illegal or invalid part, term or provision shall be deemed not to be part of this Agreement and Release. 13. In the event of an alleged breach ofthis Agreement and Release, Sunshine and the County hereby agree that all underlying causes of action or claims of Sunshine and County have been extinguished by this Agreement and Release and that the sole remedy for breach of this 3 161 Agreement and Release shall be for specific performance of its terms and conditions. In this regard, Sunshine and the County further agree that the sole venue for any such action for specific performance shall be the Twentieth Judicial Circuit in and for Collier County, Florida in Naples, Florida. 14. The parties hereto agree that this Agreement and Release supersedes and replaces all prior agreements and understandings and that it constitutes the entire agreement between Sunshine and County and that no other agreements exist, oral or written, between them relating to any matters covered by this Agreement and Release or any other matter whatsoever. IN WITNESS WHEREOF, Sunshine and County having executed this Agreement and Release, which consists of five (5) pages, on the dates set forth below next to their respective signatures and as sworn to and acknowledged by the parties. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA ~Ri~,~R~ ~3. BL~RRY~, ch~ Date: SUNSHINE EXCAVATORS, INC. Printed Name:~__ 161 1 < THIS SETTLEMENT AGREEMENT AND RELEASE BETWEEN SUNSHINE EXCAVATORS, INC. AND COLLIER COUNTY, FLORIDA WAS SWORN TO and subscribed by Sunshine Excavator~, Inc. befor~ me this <~' day of ,~xc. ,1998. Personally Known OR Produced Identification ~ Type of Identification Produced M~JSSA L BEAT'T~ My Co~i~ion Exp~: Approved as to form and legal sufficiency: h:qitipoon"&unshin~V,e~lei~r&mumil~h~le-mrb