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Backup Documents 06/16/1998 R R~IOI.AR NF~TIN(I OF ~ ~OARO OF COliN'Iff CO[~II$SIOII~P.S NffiLes Daily ~les, FL 3~ AffidBvit of PubLt~i~ NapLes Daily BOARD OF COUNTY CO~XS$,O~ER$ 10120 I. NAPLES FL ~1~-~6 ~O ~ C~Y CO~~S, C~ C~NTY, FLORA REFERENCE: ~ ~ State of FLorida C~nty of CoLlier ThUd ~ M ~ A~ e~er~ A~eLe Bryant, ~ ~ ~th says t~t S~ Govornment Complex, N~S, a ~ity n~s~r ~LJsh~ et ~Les, Jn Cot[Jar C~y, FLorida: ~C the ettsc~ ~ ~~. ~tes H~S iS a ~s~r ~Lish~ et N~Lel, Jn ~d Coun~ Admlnls~or, Co~[Jer C~ty, Flortde~ 8~ t~ t~ gtd N~H~. n~s~r has heretofore ~ cmti~sty ~Jsh~ tn said CoLLien C~nCy, F~orJda, each m~ ~d ~ ~ o re- Meter ~t the ~s~ office in N~p~es, in ~Jd ColLier C~nty, F~oride, for · ~ of 1 year ~e ~ a v~m re. nex~ p~ec~ t~e ~rst ~t~ of the further gys t~t she has neither gid ~r BOARD OF COUNTY p~Jtff ar, y ~r~, fJrl or c~rett~ dtl~, r~te, c~islJ~ or ref~ for t~ COLLIER COUNTY, ~r~se of lecuri~ this ~ver~is~t for FL~OA BARBARA B. ~tc~ti~ in the s~id n~s~r. DWIGHT E. BROCK, C~K ~BLZSHED ~: ~/l& B~/s/~K~ AD SPACE: 53.000 INCH FZLED 0~1: 06/15/98 Signature of Affiant ' ! Sworn to end Subscribed before ~e this /" day of j~/~' 19..~.," PersonaLLy kno,,,w~ by me COLLIER COUNTY BOARD OF ~ COMMISSIO~ AGENDA Tuesday, June 16, 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 qT{E PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. REQUESTS TO ADDRESS THE BOARD ON ~S WHICH ARE NOT ON THIS AGENDA MUST BE SUBMI~ IN WRITING WITH EXPLANATION TO THE COUNTY ADMINISTRATOR AT LF~,ST 13 DAYS PRIOR TO THE DATE OF THE ~TING AND WILL BE ~ UNDER "PUBLIC PETITIONS'. ~ PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL ~ A RECORD OF THE PRYINGS PERTAINING THERETO, AND T~FORE M~Y NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS M~DE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALT. REGISTE~ PUBLIC SPEAKERS WILL BE LII~ITED TO FIVE (5} MINUTES UNLESS PERMISSION FOR ADDITIONA~ TIME IS GRANTED BY THE ASSISqq~D LIS~q~T]~]G DEVICES FOR THE HEARING IMPAIl~P~ ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCfn~.T~ILED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION Father Joseph Spinelli, St. Elizabeth Seton Catholic Church 2. P~,~GE OF ALLEGIANCE 3. APPROVAL OF AGENDA AND CONSENT AGENDA Approved and/or adopted with changes - 5/0 4. APPROVAL OF MINUTES Approved as presented - 5/0 A. May 21, 1998 - Workshop. B. May 26, 1998 - Regular meeting. Page I June 16, 1998 5. PROCLAMATIONS ANDSERVICEAWARDS A. PROCLAMATIONS B.SERVICE AMARDS Presented 1) Brian Sansone - Water Department - 15 years. 2) Louis Salvatore - Facilities Management - 10 years. 3) Barry Erickson - Water Department - 5 years. C. PRESENTATIONS 6. APPROVAL OF CLERK'S REPORT A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES. 7. PUBLIC PETITIONS A. George Fogg regarding Action Sports Park-County Landfill Site. Staff to work with petitioner regarding this type of park. Consensus 8. COUNTY ADMINISTRATOR'S REPORT A. COMMUNITY DEVELO~ & ENVIRONMENTAL SERVICES 1) Recommendation that the Board of County Commissioners authorize staff to issue a request for proposal for consultant services to develop a Bayshore/Gateway Triangle Redevelopment Plan. Approved and Staff directed to bring information on CRA - 5/0 2) Recommendation that the Board of County Commissioners approve an Interlocal Agreement with the Florida Development Finance Corporation to facilitate Economic Development financing through the issuance of Enterprise Bonds. Approved - 5/0 B. PUBLIC WORKS 1) Request to consider acquisition of the wastewater service territory of Rookery Bay Services, Inc. by the Collier County Water/Sewer District. Approved with an added recom~ndation - 5/0 2) Approval to award Agreements for Underground Utility Contracting Services on an as needed basis (RFP 98-2783). Approved with the deletion of Ka-5~.hius, Inc. from the list - 5/O Page 2 June 16, 1998 Moved from Item 116B8 3) Approve an Alternate Road Impact Fee Computation for the Marco Island Winn Dixie Supermarket. Staff to recalculate computation with interstate m{leage reduction removed which would be estimated at approximately $64,000 - 5/0 Staff to relook at said ordinance computations. C. PUBLIC SERVICES D. SUPPORT S ERVICF,~ E. COUNTY ADMINISTRATOR F. AIRPORT AUTHORITY 9. COUNTY ATTORNEY'S REPORT 10. BOARD OF COUNTY COMMISSIONE~g A. Appointment of members to the Ethics Ordinance P. eview Commit tee. Res. 98-186 creating the Ad Hoc Ethics Standards and Review Committee - Adopted 5/0 Res. 98-187 appointing Casey Wolff, W. Earl Marlin, William Thiesen, Joseph l~m~w, and Fra-k Holland, Jr. - Adopted 5/0 County Attorney's office to be liaison to this co-~-ittee. Committee to Review existing laws governing ethics in government, review problems therewith and propose suggestions ~ status report to be 60 days from 1st meeting - 5/0. B. Appointment of members to the Contractors Licensing Board. Res. 98-188 appointing Arthur Schoenfuss, Daniel Gonzalez and William Lewis - Adopted 5/0 C. THIS ITEM HAS BEEN DELETED. D. Appointment of members to the Health Facilities Authority. Res. 98-189 appointing Mike Davis, Robert Peacock and Dr. Charles Konigsberg - Adopted 5/0 Added E. County Attorney's Employment Agreement (Commissioner Berry) Chairman to negotiate a three year contract and all Commissioners of BCC to do evaluation - 5/0 11. OTHER ITEMS A. OTHER CONSTITUTI~ OFFICERS B. PUBLIC C~ ON GENERAL TOPICS Page 3 June 16, 1998 PUBLIC HEARINGS WILL BE HEARD ~IATELY FOLLOWING STAFF ITEMS 12. ADVERTISED PUBLIC HEARINGS - BCC A. COMPREHENSIVE PLAN ~S B. ZONING AMEN~4ENTS C. OTHER 1) CONTINUED FROM 6/9/98 - Adopt an Ordinance amending Ordinance No. 97-48, making minor changes to Subsection 3.3 District rates, fees and charges other than monthly user rates; and providing for reasonable service charges; amending Section Four, Lawn sprinkling/irrigation regulations within the Unincorporated areas of Collier County; amending Section Seven, Penalties; providing for conflicts and severability; providing for inclusion in the Code of Laws and Ordinance; providing for an effective date. Ord. 98-55 - Adopted 5/0 2) An Ordinance repealing Collier County Ordinance No. 88-28, as amended, which established the Marco Island Beautification Advisory Committee; providing for inclusion in the code of laws and Ordinance; providing for conflict and severabiiity; and providing an effective date. Ord. 98-56 - Adopted 5/0 3) An Ordinance providing for partial funding for a legal aid office in Collier County; providing for authority for said funding; providing title and citation; providing for purpose and intent; providing for collection and use of funds; providing for conflict and severability; providing for inclusion in the Code of Laws and Ordinances; and providing an effective date. Ord. 98-57 - Adopted 5/0 13. BOARD OF ZONING APPEALS A. ADVERTISED PUBLIC HEARTS B. OTHER 14. STAFF'S COMMUNICATIONS 15. BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Page 4 June 16, 1998 Agenda and considered separately. Approved and/or Adopted with changes - 5/0 A. COMMUNITY DEVI~)PMENT & ENVIRONMENTAL SERVICES 1) Accept a conservation easement and access easement from the Trustees of Naples South Congregation of Jehovah's Witnesses. 2) Lien Resolution - Code Enforcement Case No. 60301-002 Record Owner - Lucy Rines, Estate Res. 98-183 3) Request to approve for recording the Final Plat of "Glen Eagle Golf and Country Club, Phase Three", and approval of the performance security. w/Construction and Maintenance Agreement and stipulations as detailed in the Executive Summary 4) Request to approve for recording the final plat of Sawgrass Subdivision and approval of ~he performance security. w/Construction and Maintenance Agreement and stipulations as detailed in the Executive Su~nary 5) Request to approve for recording the final plat of Bougain ';illage and approval of the performance security. w/Construction and Maintenance Agreement and stipulations as detailed in the Executive Su,,,,~ry B. PUBLIC WORKS 1) Authorize staff to reject proposals received for Bid No. 97- 2764 Orthophosphate/Polyphosphate. Staff to rebid 2) License for fence installation along a portion of the perimeter of Tract "A", Westlake Unit One. Bare License and Use Agreement 3) Approve Change Order No. 2 with Bonness, inc. for site development work at Sugden Park (Bid No. 97-2670) (Project No. 80081). In the amount of $67,357.94 4) Approve funding to replace underground diesel fuel storage tanks at Water Department facilities. 5) Approve Work Order JEI-FT9q-2 for Johnson Engineering, Inc., to perform construction engineering and inspection services for the State Road 951 12" Water Main Improvements Project No. 70824. In an ~mount not-to-exceed $90,000 Page 5 June 16, 1998 6) Approve the necessary Budget Amendment to pay for legal services in the case of Collier County V. R.A.K., et al, Immokalee Road Four Lane Improvement (U.S. 41 to 1-75), Project No. 66041; CiE 06. 7) Approve Amendment No. Three to Professional Services Agreement with Hazen & Sawyer, P.C., for the North County Regional Wastewater Treatment Facility 5-MGD Expansion, Contract #96- 2474 and authorize staff to salvage decommissioned solids processing equipment. In the amount of $88,495.00 Moved to Item 18B3 8) Approve an Alternate Road Impact Fee Computation for the Marco Island Winn Dixie Supermarket. 9) Approve a purchase order increase for Advanced Lawn and Landscaping which exceeds ten percent of their current contract. In the amount of $3,665.18 C. PUBLIC SERVICES 1) Approve Addendum IV and the grant award agreement relative to Sugden Park. 2) Approve a budget amendment for replacement computer equipment. D. SUPPORT SERVI~ 1) Approval of a Resolution Ratifying Specific Expenditures for New Employee Orientation Sessions as Serving a Valid Public Purpose. Res. 98-184 E. COUNTY ADMINISTRATOR 1) Budget Amendment Report BA-98-271 F. BOARD OF COUNTY COMMISSIONERS G. MISCELLANEOUS CORRESPONDENCE I) MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIR~. OTHER CONSTITUTIOHALOFPICERS 1) Request Approval for the Purchase of Replacement Desktop Computer Systems for the Sheriff's Office from Gateway 2000 Page 6 June 16, 1998 under the Terms and Conditions of State of Florida Contract #250-040-96-1. 2) Recommendation to approve a resolution between the Board of County Commissioners and the Sprint/United Telephone Company of Florida. Res. 98-185 3) To present to the Board of County Commissioners the State Revenue Sharing Application for Fiscal Year 1998-1999 and to obtain approval for the Chairman to sign the application. I. COUNTY ATTORNEY 1) Recommendation that the Board of County Commissioners approve the Stipulated Final Judgment relative to the easement acquisition on Parcel Nos. 163.1 and 163.2 in the lawsuit entitled Collier County v. K, O. Vau~hn, et al., Case No. 91- 2352-CA-01 (Pine Ridge Industrial Park MSTU). J. AIRPORT AUTHORITY 17. ADJ~ INQUIRIES CONCE]~%qI~GCHANG~TOTHEBOARD'S AGENDA SHOULDBEMADE TO THE COUNTYAE~fINISTRATOR'S OFFICE AT 774-8383. Page 7 AqENDA C~ANGF.~ BOARD OF COUNTy ~;OMMIS~IONERS' MEETING ,~VlVE ~6. 199s ADD: ITEM I0 tL~-COIINTY ATTORNEY'S EMPLOYMENT AGREEMENT (COMMISSIONER BERRY) MOVE: ITEM 16(B~(8~ TO gfB)[3~ - APPROVE AN ALTERNATE ROAD IMPACT FEE CO~tPVTATXON FOR THE ~4RCO X$LAND ~NN Dr~E SVPERMARKET. (STAFF'S 2338393 OR: 2434 PG: 1659 1998 INTERLOCAL AGREEMENT BETWEEN COLLIER COUNTY AND THE FLORIDA DEVELOPMENT FINANCE CORPORATION THIS INTERLOCAL AGREEMENT dated this __. day of ...,.,.~. , 1998, by and between Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY" and the Florida Development Finance Corporation, hereinafter referred to as "FDFC". RECITALS: WHEREAS, the Legislature of the State of Florida (Legislature) adopted the Florida Development Finance Corporation Act of 1993 (Act); and WHEREAS, the Legislature determined that it was necessary, in order to achieve the purposes of the Act, to create a special development finance authority to cooperate and act in conjunction with public agencies of Florida's state and local governments through interlocal agreements pursuant to the Florida Interlocal Cooperation Act of 1969 as amended (Interlocal ACt), in the promotion and advancement of projects related to economic development throughout Flodda; and WHEREAS, Collier County and the FDFC wish to achieve the purposes set forth in section 288.9602, Florida Statutes; and WHEREAS, pursuant to the Act the FDFC was created, with the power to function for any purposes of the Act within the corporate limits of any public agency once it has entered into an interlocal agreement with that public agency; and WHEREAS, the County desires to enter into an interlocal agreement with th- FDFC to allow the FDFC to act within the corporate limits of Collier County. NOW, THEREFORE, Collier County and the FDFC agree as follows: 1. AUTHORIZATION TO ACT: Collier County and the FDFC agree that the FDFC will have the full right, power and authority to exercise all powers set forth in the Act within the County's respective corporate limits. 2. COSTS AND INDEBTEDNESS: FDFC will be solely responsible for all indebtedness, liabilities, costs or expenses of the FDFC as permitted pursuant to the Act. Collier County will not be responsible for any indebtedness, liabilities, costs or expenses of the FDFC. OR: 2434 PG: 1660 8 Bonds, notes or other indebtedness issued or insured by FDFC: a) will not constitute and will not be construed as a debt, liability, or obligation of Collier County, the State of Florida or any subdivision thereof; b) will not constitute and will not be construed as a pledge of the faith and credit or any taxing power of Collier County or the State of Florida or any subdivision thereof; and c) will be limited obligations of the FDFC payable solely from and secured by a pledge of payments made by the FDFC and other funds provided therefor. d) will not reference in any context except for geographic purposes the political subdivision of the State of Florida known as Collier County on or within said bond, note or other form of indebtedness. 3. NOTIFICATION TO COUNTY: The FDFC shall notify the County, specifically, the Collier County Housing and Urban Improvement Department, within 20 (twenty) days of receipt of an application for financing pursuant to the Act for projects located in Collier County. 4. FDFC OPERATIONS: FDFC will be responsible for administering its own affairs pursuant to the Act and this Agreement and will not be required to obtain any further approval, consent or authorization from Collier County, except as the Act or any other provision of applicable law may provide. 5. EFFECTIVE DATE OF AGREEMENT: This Agreement is effective upon execution by both parties. The Agreement will be recorded in the public records of Collier County. 6. DURATION OF AGREEMENT: The term of this interlocal agreement will be for a one year period and shall automatically be renewed each year for an additional one year period unless the County or the FDFC provide written notice to the other party that the party wishes to terminate the agreement. If that nobce has been provided, this agreement will terminate on or before 60 days from the receipt of the notice. 7. SEVERABILITY: If any one or more of the sections of this Agreement are held to be contrary to any express provision of law or contrary to any policy of express law, although not expressly prohibited, contrary to any express provision of public policy 2 *** OR: 2434 PG: 1661 *" or for any reason held invalid, then those sections will be null and void and wil~l~e A u deemed separate from any other sections of this Agreement. IN WITNESS WHEREOF, Collier County and FDFC have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA ,,~ ' ,:' .,.' . By: RBAP. A.BE ' A~t~:. c; to Chatrma~ $ ,, signature o~15. WITNESSES: FLORIDA DEVELOPMENT FINANCE Printed/typed name Printed/typed name Printed/typed title (corporate seal) Approved as to form and legal sufficiency 3 RESOLUTION NO. 98-186 A RESOLUTION ESTABLISHING THE COLLIER COUNTY GOVERNMENT AD HOC ETtlICS STANDARDS REVIEW COMMITTEE. WHEREAS, on May 10. 1998 the Board of County Commissioners of Collier County, Florida (hereinalter "Board") at its regularly scheduled public meeting unanimously approved to publicly solicit for applications of persons for appointment to an ethics standards review committee; and WHEREAS, the Board further determined that such ethics standards review committee would consist of five members, with one member appointed from each commission district, and those persons seeking appointment thereto to submit their resumes in similar manner as other Board-created committees; and WHEREAS, subsequent to the solicitation hnd receipt of applications for appointment to an ethics standards review committee, the Board. at its regularly scheduled meeting of June 16. 1998. unanimously determined to create an ethics standards review committee and appoint five members from among the committee applicants to said committee. NOW, THEREFORE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA. that: The Collier County Government Elhics Slandards Review Committee (hereinafter "Committee") is hereby established pursuanl lo Collier County Ordinance No. 86-41. as amended. as an ad hoc study committee, the charge of said committee and functions of which are as follows: I. To review existing laws governing ethics in government, including gift disclosure laws. to review the problems therewith, and to propose suggestions on correcting those problems in a report to the Board on the status of its work within sixty (60) days from the first meeting ofsaid committee. 2. The Committee shall observe and be governed by the Florida Government-in-the- Sunshine Law, Section 286.011, Florida Statutes. 3. The Office of the County Attorney shall serve as liaison on behalf of tbe Board to the Committee, and shall assist to provide historical information, data. laws, rules and policies, and respond, as appropriate, to Committee requests and questions. 4. The duration of the Committee shall not exceed one II ) year from thc dale of this Resolution. This Resolution adopted after motion, second and unanimous vote favoring same. DATED: June 16. 1998 ATTEST: BOARD OF (.'OUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FI,ORIDA BARBARA B. BERRY. Chairman Attest &s to Chairman's signature on Approvcd as to form and legal sufficiency: County Attorney h ¢'~. Re~lut~.m., ! thee,, Ad II~x: {.'(Wllltllttee - 2 - IOA RESOLUTION NO. 98-187 A RESOLUTION APPOINTING MEMBERS OF THE COI.LIER COUNTY GOVERNMENT AD HOC' ETHICS STANDARDS REVIEW COMMITTEE. WHEREAS, on May 10, 1998 thc Board of Counly Commissioners of ('oilier ('ounty. Florida Ihcrcinafer "Board") at its regularly schcdulcd public meeting unantmously approved to publicly solicit for applications of persons for appointment to an ethics standards review committee: and WHEREAS. the Board furlher determined that such ethics standards review commitlee would consist of five members, with one member appointed from each commission district, and those persons seeking appointment thereto to submit their resumes in similar manner as other Board-created committees; and WHEREAS. subsequent to the solicitation and receipt of applications for appointment lo an ethics standards review committee, the Board. at its regularly scheduled meeting of June 16. 1998. unanimously determined to create an e~hics standards review committee and appoint five members from among the committee applicants to said committee; and WHEREAS. the Board established the Collier County Government Ad Hoc Ethics Standards Review Committee pursuant to Resolution No. 98-186, adopted June 16. 1998. NOW. THEREFORE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA. that the following persons are hereby appointed as members of the Collier County Government Ad Hoc Ethics Standards Review Committee: W. Earl Marlin - District I Joseph Mumaw - District 2 William Thiesen - District 3 Case)' Wolff - District 4 Frank M. Holland. Jr. - District 5 This Resolution adopted after motion, secofd and unanimous vote favoring same. DATED: June 16, 1998 ATTEST: BOARD OF COUNTY COMMISSIONERS DW1GHT E. BROCK, Clerk COLLIER COUNTY. FLORIDA lttest as to ghatr~t'l BARBARA B. BERRY, Chairman sSgnature onlT. Approved as to form and legal sufficiency: David C. Weigel, ~ounty~ltomey RESOI,UTION NO. 98-188 A RESOLUTION APPOINTING AND REAPPOINTING MEMBERS TO Tile CONTRACTORS' I.ICENSING BOARD u'~IEREAS. Collier County Ordinance No. 95-42. as amended by Ordinancc Nos. 90-IO5. 92-61. and 95-1 I, created the Contractors' Licensing Board and provides that thc Board shall be composed of nine (9) members appointed by the Board of County Commissioners with a minimum of two (2) members residing within the corporate city limits of Naples or recommended to the Board by the Naples City Council; and WHEREAS. there are currently three t3) vacancies on this Board; and WHEREAS. the Board of County Commissioners previously provided public notice soliciting applications from various interested parties. NOW. IHEREFORE. BE Il RESOI.VED BY IHE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNIY. FLORIDA. that: I. William T. Lewis meets the prerequisites for appointment and is hereby appointed to the contractors' Licensing Board for a three year term. said term to expire on June 30. 2001. 2. Arthur F. Schoenfuss meets the prerequisites for appointment and is hereby reappointed to the contractors' Licensing Board. said term to expire on June 30. 2001. 3. Daniel Gonzalez meets the prerequisites for appointment and is hereby reappointed to the contractors' Licensing Board for a three year term, said term to expire on June 3¢), 2001. This Resolution adopted after motion, second and majority vote. DATED: June 16, 1998 ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY. FLORIDA ~1 ~ ~ "~ ~ BY:~A · . a~rman Approved as to form and legal sufficiency: David C. Weigel ~ County Attorney DCW, kn RESOLUTION 98- 189 A RESOLUTION OF APPOINTMENT TO THE COLLIER COUNT"Z HEALTH FACILITIES AOTHORITY WHEREAS, the Board of County Commissioners of Collier County created the Collier County Health Facilities Authority (the "Authority") by Ordinance No. 79-95 on November 20, 1979; and, WHEREAS, the Board has appointed certain individuals as members of the Authority; an~, WHEREAS, the term of office ,~£ three members has expired; and, WHEREAS, the Board desires to appoint the individuals named herein to be members of the Authority. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COONTY, FLORIDA that: I. Mike Davis is hereby appointed to serve a term of four years as a member of the' Authority, said term ~o expire on June 16, 2002. ~ Robert Peacock is h_,_by appointed to serve a term of four :/ears as a member of the Authority, said term to expire June 16, 2002. 3. Dr. Charles Koniqsberq is hereby appointed to serve a term of four years as a member of the Authority, said term to expire June 16, 2002. 4. The Resolution shall constitute a Certificate of Appointment and shall be filed with the Clerk of the Circuit Court as provided by law. This Resolution adopted after motion, second, and majority vote. DATED: June 16, 1998 ATTEST: BOARD OF TOUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk OF COLLIER COUNTY, FLORIDA ~.. -"~ .'~?,//f _"~.: _ , '" By: Ba r]5~-ra -B. ~_ r_r~!_,~ Approved as to form and legal - sufficiency: ~ttest a: to Chairman's David C. Weigel/_) County Attorney I I I II III ri I~li .~ .... COLLIER COUNTY FLORIDA ~ '~ REOUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the follov, inl~ as a: x Normal legal Ad,,'erlisement [] O~hcr: (Display Adv.. location, etc.) Person: Ann Marie Sa~lor ~ Date. 5'14 9~ Originating Dept' Di~': Public Works Petition No. (If n~ne. gi~e ~ri~f description): Amendments to Ordinance No. 97-48 the Utilit~ O~rating ~ Regulator' Standards. ~edures ~ Monthly ~illing Schedule Ordinance. Petitioner: (Name ~ Address): Public Works Administration O~rations Name ~ Address o~ an~ person(s) to ~ notified by Clerk's Office: ~1 f more space is needed, anach separate sheet) non~ Hearing be~or~ X fiCC BZA O~her (Agenda 6 ~ Og) Requested 14~aring dat~: (Based ~n adve~isement appearing 10 da~s b~ore h~aring Newspaper(s) t~ be used: (C~mplete only i~ impomm): X Naples Daily Ne~s ~ Other ~ [.cgall~ Required Pro~sed Text: (Include legal description & common location ~ Size: (See At~ached} Companion petition(s), if any ~ proposed hearing date: D~s Petition Fee include adve~ising cost.'? ~ Yes ~ No ffYcs. ~hal account should be charged t~r advertising costs: y~- ~/~/~ - ~ ~//~ Reviewed~ ~: /''~- ~"'~_ ~ _ Approved b>' Division Head Date / Count>' Manager Date List Anachments: DISTRIBUTION INSTRt'CTIO,NS A. For bearin. Rs before BCC or BZA: Initiating person to eomplele one coy and obtain Division Ilead approval before submitting toCount.~ Manager. Note: Il'legal document isinvohed, be~urethatan~ necessaryleRalreview, orrequesl for same. is submitted to County Attorney before submittin~ to C'ount~ Manager. Ti~e Manager's office ~ill distribule copies: f"l County Manager agenda file: to [] Requesting Di~ ision [] Ori£inal Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's ()t'fice. r,.'laining a cop> for file. FOR CLERK'S OFFICE USE ONLy': Date Reccked:. ~. ~ .~.? 3 Date of Public hearing: ..... D~tc Ad~erli.,cd: '~ . ''~/' i (~nc].ud~ this corm:) TOt ' !ii11111111111111111111111111111111111111111ili1111111111111111 FROHI ELL~ ROIrFliIR -~S & RECOIt])S r, ocm~zo~: collier count'7 courthouse ',"~ ~ ~o: (8:].:3) 774-8408 , I~o)t~',o: (813) 77~-8&06 85-L~5 15:89 OrY 0]' 07 j 9267~186~.... ~: ~ 868C88~ 17 I 85-26 15: 29. 00° 02' ~ { 9~?,486~ 0~< 1~101 12C 1_ May 26, 1998 Ms. Judith Flanagan NaDles Daily News 1075 Central Avenue Naples, Florida 33940 Re: Notice of Public Hearing to consider an ordinance amending Ordinance 97-48 Dear Judi: Please advertise the above referenced notice one time on Friday, May 29, 1998, and send the Affidavit of Publication, in duplicate, together wi~h charges involved to this office. Sincerely, ? Maureen Kenyon, Deputy Clerk Encl. Acct. #408-210105-648110 '!?C 1 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, JUNE 9, 1998, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE AMENDING ORDINANCE NUMBER 97-48, MAKING MINOR CHANGES TO SUBSECTION 3.3 DISTRICT RATES, FEES AND CHARGES OTHER THAN MONTHLY USER RATES; AND PROVIDING FOR REASONABLE SERVICE CHARGES; AMENDING SECTION FOUR, LA?~ SPRINKLING/IRRIGATION REGULATIONS WITHIN THE UNINCORPORATED AREAS OF COLLIER COUNTY; AMENDING SECTION SEVEN PENALTIES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR I~CLUSiO~; IM THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. A copy of the proposed Ordinance is on file with the Clerk to the Board and is ovailable 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 COUNTY CO~24ISSIONERS COLLIER COUNTY, FLORIDA BARBARA B. BERRY, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Maureen Kenyon, Deputy Clerk (SEAL) ORI)INANCE NO. 98- AN ORDINANCE AMENDING ORDINANCE NO. 97-48. MAKING MINOR ('llANGES TO SUBSECTION 3.3 DISTRICT RATES, FEES AND ('IIARGES OTllER TllAN MONTIILY USER RATES: AND PROVII)IN(; FOR REASONABLE SERVICE ('llARGES: AMENDIN(; SECTION FOUR, I,A%VN SPRINKLING/IRRIGATION RE(;ULATIONS XVITIIlN TIlE UNINCORPORATED AREAS OF COLLIER COUNT'f: AMENDIN(; SECTION SEVEN PENALTIES; PROVIDING FOR CONFLICTS AND SEVER.ABILITY; PROVIDING FOR INCLUSION IN TIlE ('ODE ¢)F I,AWS AND ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. %S,'llEREAS. the Board of County Commissioners oi' Collier County on Scptem~r 24. 1997 enacted Ordin~ce No. 97-48 establishing a I.'nilbrm ['lilit50~rating and Rcgulato~ Standards. Procedures ~d Monthly Billing Schedule Ordinance: and ~¥11EREAS, ~e Board of CounD' ('ommissioner~ has determined thal it is in Ibc interests of the public's ~ahh. sal~ty, and x~cll~re lo proxidc lbr imgaliowlax~n sprinkling regulations: penalties ~d enforcement of an) x iolations lhercto: and adopts a lime and material rate for labor, equipment, p~s and supplies. NO,V. TIIEREFORE, BE IT ORDAINED BY TIlE BO:tgi) OF COVNTV COMMISSIONERS OF COLLIER COUNTY. FLORIDA, that: SECTION ONE: That Ordinance No. 07-48 i~ hercb~ amended to read as Ibllox~s: SEC'lION 'I'IIREE. District Rates. Fees. Charges and Rcgulatkms. 3.3. Districl Rates. Fees ~d Charges other than Monthly User Fees. A. Meter installation charges to bc paid to thc Dislrict ~hall be as I. Meter Size Meter l'apping Charge 3/4" 5260.00 I" $35000 I ~/'"'- 55 ~0 O0 2" Thc fees in Ibis sub~cction arc based upon meier m~t,dlali,,n lbr a t)pical qnglc l~mily residential ~lrcct. In all oilier circumstances thc racier inqallalion shall ~ based upon ~he District's actual cost tbr time and materials. 2. For meters lar~er than mo {2~ inch'es, the malcrials and labor lbr in,tallali,,n of such meters shall be l~rnishcd b5 fl~e developer m accordance ~ith Diqricl requirements and s~'cificalim~s and dedicated Io the District in accordance x~ilh County ordinances, at no cost to the Dislricl. 3. All meters two inches ~2"} or smaller will he installed hv the District ,md shall remain the pro~Hy of Ibc District. 4. Meters must ~ left accessible to District cmph,~ccs at all limes. 5. ~t~en any ~y o~ner. ~ho has a water meter, makes application to thc District for lhe installation of a larger meter to replace a smaller mctel the Words under ira:, arc added: ~,'ordssm2..=t' ...... ,~, ..... ::_g,,u are deleted. I propert.v o~ner shall be given no credit fi.~r tapping charges paid on the smaller meter in accordance with the above schedule. There shall be no refunds or credits given to an.,,' properly turner requesting a smaller meter. B. Temporary Meters. 1. Temporary meters ma.,,' be installed and removed by' thc District. The fee fi~r such installation and removal sh.-ill be based upon the District's actual costs for time and materials. 2. l'he temporary meter charge for sen'ice shall be based upon the non-residential monthly availability and volume charges. C. The follov, ing list of charges is established for user sen'ices: 1. Ne~,,,' Accounts $ 20.00 2. Meter Removal or l.ock S 50.00 3. Turn On After tlours S 5(').00 4. Meter Removal or l.ock.&tier ltours S100.00 5. Meter Initial Re-Read $ 2(').00 6. Meter Test.'2nd Re-Read S 35.00 7. Non-Emergency Shut Offs S 5(').(')0 8. Account Reinstatement {less than or equal to 15 dass) S 30.00 {plus full pa.~ment and dclinquenc.,, fee,,) 9. Account Reinstatement tgreater than 15 da3 s) $ 50.00 {plus full pa.', ment and delinquency fees) D. Effluent irrigation usage in each District shall be at thc fi)llm~ing schedule: Service Volume Meter Size Availability Charge Per I.O00 Galh)ns Charge 58". 3:4" 5 4.35 50.13 1" 5 10.90 50.13 1 - I t:" $ 21.75 S0.13 T' ~; S 4.,..0 S0.13 3" $ 87.00 $0.13 4" $I 74.0O SO. 13 6" S227.00 S¢). 13 8" S407 00 50.13 Except in cases where a written agreement bcmecn Ibc Di~4ricl and thc property oxvncr establishes a minimum gallonagc monlhly effluent rate th;,t carm, n be changed unilaterally bx the District. all golf course and other bulk sales of effluent shall be sold and billed in accordance v, ith this section. E. i.ate payments for monthly user fees are subject to a ,.harge o1'5% on the unpaid balance after the due date on the bill. F. The rates, fees and charges as established in this Section Three shall be rcvicxved on an annual basis to ensure adequate revenues for District syslcm operation, maintenance. fence, al. replacement, enhancement and debt service costs. G. The District's time and material rates for labor, equipment, parts and supplies shall be based on actual Costs and shall be revised annually. General and administrative Words underlined are added; ~'ords :;._.:.:u_ :~rv.;:~ are deleted 2 overhead shall be added at a rate of 15%. Time and material rates shall be applied to work performed bv County personnel not pros idcd fi,r under standard adopted fees. SECTION F()UR. Irrigation I.a~n Sprinkling Regulations. 4.1. Purpose. From time to time. operational conditions may limit the ability of thc District or an)' other authorized water purveyor providing ~'ater sen'icc in Collier County. [Iorida. to supply potable and.'or non-potable water. A deficiency' in nomml rainfall causes increased demands in the District or operating area of an authorized water pun'e!'or ~hich may exceed er t.u.: :'::.u..xr!.::~ ::'a::r ~x.'".':.vcr'.,: water system facilities designated capacity. These operational conditions or increased demands may cause water pressures lower than required regulations, or ~r~::xr~ ~ ....... ~' ............ to properly operate the v, ater system of thc Districts or thc authorized seater pum'eyor, lhcs¢ reductions in s)stem pressure may pose a threat to the health, safety, and welfare of the citizens of Collier Count)'. lhe potential threats ma.,,' occur in relatively short time periods, requiring immediate action to protect thc public health and prevent damage to the District's and authorized xs'atcr pun'eyor's water facilities. Accordingly. there is a need to establish irrigationqasxn sprinkling restrictions to protect thc public health, safety and welfare. 4.2. Regulations. A. lh¢ following regulations are hereby established g,wcrning the use of potable and/or non-potable water for irrigation'la~n sprinkling from the District's or any other authorized ~,.ater pu~'eyor's '~ater system in ('t~llier County during emergency conditmns within the unincorporated areas of Collier County'. As there are scpar:~tc areas which are supplied through separate facilities and water sources, these regulations m:L~ bc .'lpplicd to any one. all or any portion of the designaled areas ?? ss'stems dependent up,,n the nature of the emergency. B. Thc Board of County Commissioners'hereby authorizes thc ('m, nty Administrator. or his designee, to implement said regulations u. hcnexcr thc County Administrator has received notice from District staff, or the staff of an authorb'cd x~atcr purvc.x,r, lhat because of natural or operational conditions, thc Districfs or authori/cd xvatcr purxc.'.or's v, atcr facilities are inadequate to meet system demands, x~'hich may affi..ct thc health, safety or ~vel£are of me citizens of Collier Count)'. Thc County Administrator. or his designee, may impose said regulations '.,,ithout approval from ~he Board of County Commissioners. il' it is determined that time restraints required for Board approval xxould cause an undue risk to the residents or water facilities of the District or the authorized water pun'eyor. The Count)' Administrator. or his designee, is required to seek approval from thc Board of Count.,,' Commissioner at the first available regularly scheduled session, or special session, to maintain Words underlined are added; ~ords :.:.-'-~. :~:.~..:g~ arc deleted. 3 enl'orccmcnt of said regulations. :\t thc conclusitm ()f the cmcr.~cnc.¥, the Administrator. or his d~signee, shall rescind said regulations, unless .thc~ isc directed by thc Board of Counb' Commissioners. The Re~ula~i~ms are ~ as fiqh~ s: ~ . ..~ ...... . ...... · ..:~ IT' Irrigation/Earn Nprinklin; of IrriEali,mLa.n ~prlnklin~ E~tahli~hed Land,cape %laleriak F~lahlkhed I.and~ca~ ~lalerial~ (o~er 31) da)s eld) (e~er ~1) da~ old) ODD N~MBERED .~[)DREN~ES EVE~ NI MRERFI).41)~RF~EN Pha~e I - Re~triction~ Waterln~ ~tted ~n fut.~ Ihur~ ,~ Sat L~ a~.rlng pcmul~'d ,,n ~cd Fr~ ,~ ~un Le~ Ihan 5 acres' from m:dmght ~o 4 am Ic~ than ~ a~rc~ fr,m~ m~dni~hl to 4 am ~f~rt' than ~ a~rc~ fr, m~ m~dnlghl t,~ ~ .m3 XI,,~ than ~ a~rc~ from m~,Jm~ht h, Pha~e II - l(u~tricfion~ ~'atcrmng permmttcd ,m ]uc~ ,k %,ti On]~ ~ dl~'rm~ rcrmmcd ~cd ,V Sun ~lore than ~ a~rc~ fr,,m m~d:u~ht - ~ am %~,,r~. th.m ~ .~crc~ ~r,,m nuJmt, ht h~ S am Phase III - Re~trictions ~'alcrin~ ~itlcd on ~aturda~ onl) %'dtcrm~ pcrmm:tvd ~unda~ Less than 5 acres from midnight Io ~ am I.c~ than ~ acrc~ fr~m~ mJdni~hl lo ~ am More than 5 acres: fram m]dmght. 6 am ~h,rc than ~ ~r~'~ fr~)m m~dnight t() 6 am Car Washing o~er la~n - ~a[urda~ onl~ Car %a,hmg e~er 13~n - %unda~ (~nl~ 6amtoSam ~amtogam Pha~e IV - Re,frictions ~'alerin~ ~itted on ~aturda~ onl~ ~'a:crmg pcrm,ttc, d %unda~ onl~ Less than ~ acres: from m,dm~ht. ~ am l.c~ than ~ acrc~ fr(ml m~dni~ht t~ ~ am ~tore than ~ acres from m~dnl~ht - ~ am~1orc than ~ acr¢~: from m~dn~ght to ~ am C~ ~'ashing o~er ]a~n - Proh&~tted Car ~ a~hing o~cr la~n - I'r-h,h~ted Words undcrl,ned arc added; words ~ arc d¢letcd 4 Irri~,ation,La~n Sprinklinl~ of ,Ne~ I~ndscape 51aterizls (l~s Ihzn 30 da~s old) ODD AN'D EVEN NUMBERED Al)DRESSES Phase I - Re,frictions for Less than ~ acres: ~VatcrJng ~il~ed on M,m Wed Frl ~ Sun L~ndsc~pe M~teri~ls ~r,m m~dmght Io ~ am le~ than 30 da~s old More than ~ acres: Walcnng ~itled on Mon Wed I ri ~ ~un from -m~dnighl to 6 am Clean ~ ~just ne~ inigat~on s~stcm - allo~ 10 mmmcs ~'r zone. one t~me onl~ Phase Il - Restriclions Less lhan ~ acres: ~'alcring ~illed on ~'~d ['ri ~ Sun. [rom midnight Io 4 am for ~ndsca~ M~e Ihan ~ ac~s: Walerin~ ~ined on Wed Fri ~ Sun from midnight ~o 6 ~ Materials less Ihan 30 ' da~s old Clean ~ adjuu ne~ inigatmn s~stem - allo~ I~ minmes pe~ ~ne. one lime only. Pha~e III - Re~lriet~ Less Ihan ~ ~re~: Wa~ering ~i~ed on ~'ed ~ %at from midnighl m 4 am for ~ndsca~ Materia~ More Ihan ~ ~res: Waletsn~ ~iu~d on %'ed ~ ~al [rom midnl~hl to 6 ~ I~ than 30 days old ' ' Clean ~ adjusl ne~ migatton s~stem, allo~ I0 minutes ~r ~one. one time only. Phase IV - Reslriclion~ Le~s than ~ acres: ~'at~ring ~med on Wed ~ Sat from midnight to 3 am for ~ndsca~ Mate~ab More than 5 acres: Wat~rmg ~i~ed on Wed ~ Sat from midni~hl to 4 am ~s than JO da~s old - Cleaning ~ adjusfin~ ne~ imgafion system - ~ohibi~ed at all ~imes. 4.__~3. itardship Variance Procedure. A. Under extraordinar,' conditions the n~..~ ..,- ,,-. ........ r-. ....... :....: ..... ~ Count',_' Administrator or his desJgnetj may grant a variance to the regulations adopted in this section. Any request for a variance must be submitted by the affected District or water purveyor in writing to the Counly Adminislralor or his designee. [3..-\ request for a ~ariance submitted by a District or v,'aler purYeyor ma.,,' be granted ~hcn the District or water purxcyor pro\ides a written statcmem which indicates that a hardship exists due to operational conditions x~ herein the District's or water put', eyor's system cannot meet s.~ stem demands caused by lhe implementation of thc re~zulalions set fi~rth in this Section and setting forth thc ~ariance rc,.Ucsled: C. ..\ request for a ',ariance submitted by a propen.x \,.,.ncr served b3 a District or v. atcr purxeyor may be granted ~hcn the pr,perry owner provides a written slatement ¥.hich indicates that thc property ossner will sufi%.r a substantial hardship duc to the implementation of the regulations scl forth in this .";cc\ion and sc\ting forth the ~ariance requested. ..'~ny request for a ~ ariance submitted by a property o~vner shall fir,t be rcvicxsed and approved by the District or water purveyor. D. Any variance granted by the .................. . ................... :; County Adm nistrator or his designee shall be the ntinimum neces~a~' to alleviate the hardship created by the implementation o£the regulations set forth in this Section. ~. !~ 2.', ~:.'~:Z:;. ..... '~-~ -~,,~ *.. ,: .......... ;~,~ ,~._. r" ....... ,~.~;.: ........ ................................................ : ................... , .~,:::: ~- ...... ".~;,.'~.~:~."2.~; .... ~ ..... *'' *~--- ~..-;,. -~g,.~.~ .... ~...h,t~ r) .....~ ..~' £'. ....... t'- ....:..,.: ...... Words underline J_ are added; words ::.-_.:~ :.u..-:::i;~ are deleted 12C ! ::.':.:c!.". !.~ :Ff-'::. ~-. E_.~.. Any variance granted under this Seclion shall terminate upon thc hardship no longer c×isting. SECTION SEVEN. Penalties The penalties J'qr uncofltesled violations of this Ordinance shall be I~,venl,,'-fi,,.e dollars ($25.00) for the first offense, one hundred and fifty dollars ($150.00} for the second offi:nse, and four hundred dollar~i (];400.00) for the thir~l and subsequent offense(sL Each m:rson who, or entir,' that, contests arpr.' violalion of this Ordinance is thereby subj¢cl lo a ci', il fine of lip to nye hundred dollars ($~00.00) for each contest. Citati~ns for ~,iolations of this Ordinance ma~, ~ issued purstlanl !o Collier County Ordinance No. g?-.15 (Ih¢ ('il,:Jtion Ordinance). Violations of this Ordinance may I~ enforced under ('barter 162 or Florid~ Statutesl-"'5.6g, or under 1-6 oflhe Cqunt'?"s Code of l.av,-s and Ordimmccs. No person shall I~ incarcer,qted for any ~iolation of this Ordinance except as may Ix, ordered by a judk'¢ N.'cause of direct cont,,.'ntpt ~J' court. · -\. f!;~ch sep;,irat¢ da',' that there is any viokflion i~fl this (')rdinanc,,: by Ih,,: same person or entity sl~all constitute a separ;it¢ offense. P,. All fines collected pursuant to this Ordinance shall be used by thc ('ode Enfi~rce:nent Department to fund cnfi~rcement of this ()rdinancc and,'or other County Ordinances. SECTION TWO: Conflict and Severahili~, Thc provisions of this Ordinance shall be liberally construed to effectively cart2,.' out its purposed in the interest of public health, sal;,:b', welfare, and convenience, If any section. phrase, sentence or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such hold shall not affect the validib' of the remaining portions thereof. Words underlined are added: words ............ g., are deleted. 6 SECTION TIIREE. INCLUSION IN' TIlE ('ODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Codt. of Laws and Ordinances of Collier County. Florida. The sections of the Ordinance ma)' be renumbered or relcttcrcd to accomplish such. and the word "ordinance: ma)' b~ changed to "section". "article". or an)' other appropriate ,,,.'ord. .SECTION FOUR. Effective Date, This Ordinance shall become effective upon being filed xvith the Department of Statc. PASSED AND DULY adopted by the Board of Count)' Commissioners Collier C¢,unty. Florida. as the Governing Body of Collier County. Florida. and as Ex-Officio the Governing Board of the Collier Count)' Water-Sev,'er District. the Marco Water and Sexxer District. and the Goodland Water District. this .... da)' of . 1908. ATTEST: DWIGIIT E. BROCK. CLERK By: BOARD OF COL'NTY COMMIS.C,:,IONL:RS Deputy Clerk COLLIER COUNTY. FLORIDA By: BARBARA B. BERRY. CHAIRMAN Approved as to fi~rm and legal sufficiency: ' Thomas C. Palmer. Assistant County Attorney Words ~nderlineq are added; ~ord,~ :'~'r.:':~ :~:~::g~ are deleted. 7 NapLes DaiLy Ne~s NapLes, Fi. Affidavit of PubLtcatio~ NapLes Oei[y NOT~ ~ ~NT TO ~AR0 0F C~TY C~KISSI~ERS thor JUNE 9, A~H: NANCY SAL~UB ~ ~X ~1~16 min~ ~ C~- NAPLES FL 3~101-~16 REFERENCE: ~12]0 ~10105~1 ~M. 5769~7~ ~TZCE OF ZNTENT TO AN ORDINANCE AMENDING OROl- State of Florida NA~ ~ ~. C~ty of Co~LJer PAAKING MINOR CHA~S TO ~C- ~fore the u~ersign~ aut~rity, ~r~t~y TION 3.3 DISTRICT ~er~ B. La~, ~ ~ ~th says t~t ~he serves RATES. FEES AND CHARGES OTHER aS the Assistant Cat.rate Secretary of the Naples DaiLy N~s, · daily n~s~r ~bLish~ at NapLes, eATES; A~ ~O~ JNG F~ REA~E tn CoLlier C~ty, FLorJ~: that t~ ettach~ ~RVICES CHARGES; c~ of ~vertisi~ was ~bLish~ ~n ~td AMENDING SECTION Affiant further says t~t the said ~Les DaiLy T~ ~N ~S is a n~s~r ~[ish~ at ~[es. in ~td ~NCORPORATEO CoL[Jar C~nty. FLorJ~, e~ that the said AREAS ON C~L~ ~s~r ~s heretofore ~ c~ti~s[y COUNTY; AMENDING ~[JSh~ in said CoLLier C~ty. F[orJ~, each ALTIES; ~ ~ ~S ~ ~ter~ as sec~ ¢~ass ~tt ~R~ITY; ~O- ~tter at t~ ~st office in NapLes, in ~id VIDING FOR IN.U- CoLLier C~ty, FLort~. for a ~ri~ of 1 year LAWS AND ORDI- next prec~i~ the first ~blicati~ of t~ NANCES; PROVIDING F~ AN EFFECTI~ ettech~ c~ of ~vertis~t; a~ affiant OA~. furt~r says t~t she has neither ~td ~r p~ts~ any ~rs~, f~rm or co~ratt~ any disc~t, r~te, c~issi~ or refu~ for the All ~r~se of securi~ this ~vert~se~nt for Iflv~ ~[JcatJ~ in the said n~s~per. ~LISHED ~: ~/29 ~a~ AD SPACE: ~.~ INCH O~ COUNTY F~LED ~: 05/~/~ CO~~S ............................ COLL~ER COUNTY. BARBARA 8. BERRY. SJ~ture of Affiant , . ~N DWIGHT E. BROCK. ~~ CtFRK ,.rn to a~ Subscri~ .fore. this~ day of 19 · "~.:::;;'i~,",. :]oyce E Blazier ',.;.;.,. :? .,.'-,-:' April 10, 2002 property osvner shall be given no credit Ibr tapping charges paid on Ihe smaller meter in accordance x¥ith the above schedule. There shall be no refunds or credits given to any properly o~sner requesting a smaller meter. B. '[empora~' Meters. I. TemporaD' meters may be installed and removed by the District. Tbe fee tbr such installation and removal shall Ix. ba.~ed upon thc I)istrict's ~,ctt,al costs time and materials. 2. '[he temporary meter charge fi~r .~ervice shall Ix. based upon the non-residential monthly availability and volume charges. C. The following list of charges is established fi~r user services: I. New Accounts 5; 20.00 2. Meter RemoYal or Lock S 50.Ot) 3. Turn On After IIours 5; 4. Meter Removal or l.ock :\fler l{ours $100.t)O 5. Meter Initial Re-Read % 6. Meter Test/2nd Re-Read $ 35.00 7. Non-Emergency Shut ()ff~ $ 50.0o 8. Account Reinstatement (Jess than or equal to [ 5 days) 5; 30.00 (plus full payment and delinquenc} {'ecs} 9. Account Reinstatement {greater than 15 days) 5; 50.t)O {plus full paymen! and delinquency D. L:tTluent irrigation u~ge in each District shall be at the following schedule: Sen'ice Volume Meter Size Availability Charge Per 1.000 Gallons Charge 5/8". 3/4" 5; 4.35 5;0.13 I" $10.90 $0.13 I - I 7:" $21.75 S0.13 2" $ 43.50 $0.13 Y' $ 87.00 So. 13 4" S 174.00 $ ). I ~ 6" $227.00 So. 13 8" S407.00 5;{I. 13 ,t~xcept in cases ~'here a written agreement betx~ecn the l)istrict and the proF,..rty ox~ner establishes a minimum gallonage monthly effluent rate lhat cannot be changed unilaterally by the District, all golf course and other bulk sales of eflluent shall be sold and billed in accordance with this section. Ii. [.ate payments for monthly user fees are subject to a charge of 5% on the unpaid balance after the due date on the bill. F. '['he rates, fees and charges as established in this Section 'lhrce shall Ix, eerie\Yeti on an annual basis to ensure adequate revenues for District system operation, maintenance. renexval, replacement, enhancement and debl service costs. ti. The Distri¢l['$ time and material rates for labor, equipment, parts and supplica shall he based on actual costs and shall be revised annuallx. (icneral and administrative Wurds underlinedar c' added.' v, ords' :.."-'z .:' , a....r::uk:h are deleted. 2 OI{DINANCE NO. 9N- 5 5 AN ORDINANCE AMENDIN¢; ORDINAN¢'E NC). 97-48, MAKIN(; MINOR CllANGES TO SUBSECTION 3.3 DISTRICT RATES, FEES AND CtlAR(;ES ()TILER TllAN MONTIII,Y I'SER RATES; AND I'ROVIDIN(; FOR REASONABLE SERVICE CIIAR(iES; AMENDIN¢; SECTION FOUR, i,AWN SPRINKLING/IRRI(;ATION RE(;ULATIONS WITIlIN THE UNINCORPORATED AREAS OF COLLIER COI.:NTY; AMENDIN(; SECTION SEVEN PENALTIES; PROVIDING FOR CONFI.ICTS AND SEVERABILITY; PROVIDIN(; FOR INCI,USION IN 'FILE CODE OF LAWS AND ORDINANCES: PROVIDINC;FOR AN EFFECTIVE [}ATE. WIIEREAS. the Board of County Commissioners of C-Ilier ('ount.¥ on Scptcmber '~ 1907 enacted Ordinance No. 97-48 establishing a l/nil}~rm I'tililv Operating and Regulator' Standards. Procedures and Monthly Billing Schedule ()rdinance: and WllEREAS, thc Board of ('aunty Commissioners has determined that it is in the best inlerests of the public's heahh, sari:ry. :,nd xxellhre t, r'rovidc f-r irrigation/lawn sprinkling regulations: penalties and enforcement of ;tn)' violations thereto: and adopts ;, time and material rate for labor, equipment, parts and supplies. NOW, THEREFORE, BE IT ORDAINED BY TIlE BOARD OF COUNTY caM.MISSIONERS OF COLLIER COUNTY, FLORIDA, thai: SF. CTION ()NE: That Ordinance No. {)7-48 is hereby amended lo read as fiMloxxs: S}'~C'[ION TIIREE. District Rates. Fees. Charges and Regulations. 3.3. District Rates. Fees and ('harges other than Monthly [ 'ser Fees. ,.\. Meter installation charges to be paid t,, thc District shall be as li~llows: I. Meter Size Meter 'lapping ('barge 3,,4" S260.00 I" $350.00 1[~" S500.00 2" S600.00 The fees in this subsection are based upon muter installation liar a typical single lhmily residential street. In ;,Il other circumstances the meter installation fi..'e shall be based upon the I)i>.trict'.< actual cost li,r time and material.,,. ". For meters larger than tx,,, {2} inches, the materials and labor li>r installation of such meters shall be furnished bx thc developer in ~ccordance x,,ith District requirements and spccJlicathms and dedicated to thc I)istrJcl m accordance x,,Jth County ordinances, al no cost to the District. 3. All meters txvo inches (2"} or smaller ,,,,ill be installed hv thc District and shall remain the property of the l)i strict. 4.Meters must be left accessible t, I)istrict emplo.~.ccs at all times. 5. When an)' propcrl.v ox~,ner, who has a xxater meter, m:,ke,, ;,pplic~,tion to thc District for the installatitm of a larger meter to replace ;, sm:,llcr meier, the Word,, .underlined -',re added: words ;',."'.:'eL 1201 overhead shall he added a~ a rate of 15%. Time and material rates shall he applied Io work performed by County personnel not provided fi,r under standard adopted fi:cs, · ~E('TI¢)N FOUR. lrrigationq.av, n Sprinkling Regulations. 4. I. Purpose. From time to time. o~'ralional conditions max limit the ability of lhe I)islrict or any other authorized water pun'eyor providing x~ter ~n'ice in Collier Count~. Florida. to suppl~- potable and/or non-~table water. A deficiency in no~al raint~ll causes increased demands in the Districl or o~mling area of an authorized water purveyor x~hich may exceed er :~:c a~::~:~r~cd wa:c7 ~::~.'c?r':: ~valer system fi~cilifies d~::~:::::cj designed capacity. These operational conditions or increased demands ma)' cause water pressures Iox~cr than required by ~e DcFa~mz~: ef E~'.'ir:~::~:c~:;:~ Pr:~:cc!i:~. ::r ::~' ::::ccc:::a~ regulatoD. agencies, regulations, or ~rz::c~re:: ~e~c7 ~}:::~ ~cz:;:~:r~ h} properlF operate thc X~aler of the Districts or lhe authorized water purve)or. These reductions in sFslcm pressure max pose a threat to the health, safely, and ~cllhrc of the citizens of('ollicr C~untx'. Thc ~tenlial lhreats may occur in relatively short time periods, requiring immcdialc action to protccl the public health and p<vent damage to the District's and authorized x~atcr purveyor's ~alcr facilities. AccoMingly. there is a need lo eslablish i~igation%xvn sprinkling restrictions protect thc public health, safety and wellhre. 4.2. Regulalions. A. The l~liowing regulations are hereby eslablished governing thc usc of ~lable and or ~ water fi~r i~igation/lawn sprinkling I?om the District's or any ~ther authorized water pu~'e)'or's water system in ('oilier County during emergency conditions within the uninco~mted areas of Collier County. As there are separate areas which supplied through separate facilities and waler soumes, these <gulations may be applied to any one. all or any portion of the designated areas or systems, dependent upon the nature of emergent). B. The Board of County Commisshmers hereby authorizes the Count3' Administralor. or his designee, to implement said regulations ~henever the ('ounlv Administrator has received notice from Dislrict staff, or the staff of an authoriz~'d ~ater purvc3or, that because of natural or operational conditions, the District's or authorized ~aler purveyor's water l~cilities are inadequate Io meet system demands, which may afl,'ct thc health, sa[~13, or xvell~re of the citizens of Collier County. The ('ountx Administrator. or his designee, may impose said regulations without approval l?om Ihe Board of ('ounly Commissioners. if determined that time restraints required fi~r Board approval would cause an undue risk to the residents or water {~cilities of the Districl ~r the authorized ~'aler purveyor. The County Administrator. or his designee, is required to seek approval l?om Ihe Board of Counly Commissioner at lhe first available regalarly scheduled session, or s~'cial session, lo maintain Words underlined arc added: words ='..-.:':~ :~.-a::k:~ arc deleted. cnl~)rccrncn! t~[' said regulations. ,%1 Iht ctmclu.~it)n ~I' ~hc emergency. H~c ..Xdminis~r~tor. ~r his designee, shall rescind said regulations, unlc~ ~lhcr~ Jsc directed by Ibc l~oard o l'('oun~y ('ommissioncrs. '1 hc Rc~ulali~ms arc ~ a~ fi,ll,~ s: ..~ . Irripti.n,'La~n NprinkllnR .f Irri~ali~pn/I,a~n NprinklinR of E~tabli~htd i.and~capt Xl;iltri.l~ t:~tahli~htd Landscape Maltrial~ (o, er 3(l (la}~ .hi) foyer 30 days I'h~l,e I - Re~fricfion~ Watering ~itted ~,n 'l u~.% I htirs. ~ ~Vatcrin~ permitted on Wed. l:ri. & Sun.: Sat.: fr4~m midnight 1o 6 an1 t~,,11 midllight t,~ 6 A am h~ 10 am t~ ,Ira ti) Ii) ~lm l'ha~e II - rt'slriclions ~Valcring ~llt~'d on I ti~s ,~ Sat. ~,nl~ ~¥dlt*rln~ P~'rmltlk'd t~n ~¥cd. & Sun from midnighl to 6 am I?~m mldfli~ht I~} A il~ Car Washin~ - S;IILJrd~i~ ~ln~ Sunday; (';ir ~& ;l%llin~ . S;llllrda~' and SuntJ l); 6 am to lO am 1) am 1o I0 afn Ph;~e III - I{e~lri¢lion~ Watt'ring pc~iRcd ~n S;m~rda~ only. ~V;~lerlng permitted on Sunday from midnight ~o 6 am lh~m midni~hl I~ A am Car Washing - Pr(~hib~Icd ('dr ~¥a~hmr . I'r~hih~l~d lrrilzntion/Laqqn Sprinkling of New Landscape ,%laterial,~ (It. ss than 30 days old) ODD AND EVEN NUMBERED ADI)RE.NNES Phase I - R~tricl~ns ~'alering ~itled on Mon. ~'cd. Fri. & Sun.: f~t~m midnight to 6 am Clean & a~iust new i~igati~m ~stcm - allow 10 minmc~ ~.r/one. one lime ~nl~ Phase II - R~triction~ ~'atcring ~ittcd ~n ~'cd. Fri. & Nun.; from midnight I*~ 6 am Clean & adjust nc~ im~ation s~'stcm - all(~x~ 10 minutes ~r z~mc, one time ~nly, Pha&e III - R~trictions Watering ~'~ittcd <~n ~'cd. & Sat,; from midnight h~ ~ am Clean & adjust new i~igalion system - ailmv lO minutes per zone. ene time only. 4,~. I lardship"Variance Procedure. A. L'ndcr extmordinan., conditions thc .... ~ ...... ...... ~ "". ~" ...... ...... .. ::::::::::::::::::::::: C'ounty Administrator or his designee may grant a variance to thc rcguluti(ms adopted in this section. Any request E~r a &'nriancc must ~ submitted by thc ufl~ctcd District <~r ~xatcr pu~'c?r in x~r~tin~ to thc C'ounty Administrator ~r his I3. A r~qu~st For 3 variance submitted ~' a District <~r xYatcr purveyor may hc ~runtcd x~h~n th~ I)is1Hct or water pu~'cyor prox'idcs hardship exists duc to o~rational conditions xYhcrcin thc District's or ~ratcr purveyor's system cannot nlcct s)'stcm demands cau~d by thc implementation of thc regulations scl fomh in this ,Section and setting forth the variance requested. C'. A request for a Yariancc submitted by xYatcr pu~'cyor may ~ granted when thc property oxYncr prox'idcs u xvrittcn statement which indicates that thc pro~y oxvncr will sut'l~r a substantial hardship duc to th~ implementation of thc regulations set forth in this ~ccdon and setting E)~h thc x'ariancc requested. Any rcUucst E)r a variance submitted by a pro.ny mvncr shall first ~ rcvic~¥cd and approved by thc District or water pu~'cyor. D. Any Yariancc granted bY thc r) .... , ..' ~'. ....... r,. ..... ;,.,.: ....... County Administrator or his designee shall bc thc minimum ncccssa~' to alleviate thc hardship created by Ibc implementation of thc regulations set f~nh in this Nccti~n. ...................................................... ~ ...... ~ ..... i...,..; ............. . ..... I,,.I .... ~,'~rds under ned arc added; words *~:.-.::~ '~' ....... arc delcled. ,~ [. ti._~_ Any variance granted under this Section shall terminate upon the hardship no hmgcr existing. f'.:'r !:'r![:~'.!sn ?.'-'~s:~ :r: :x::n..?.,. frs..-n, th.- r~::r!.::!cn~ cf:h!:: SECTION SEVEN. Penalties ................ , ....... .' ~r ......... : ~:'o:'?_::~...,r' ................... .... : r~, ........ ~'..-- .... · ,:~ ........ ..... an'./ .................................. , ............ ::,:: pr:;;,!2.~__. ~-., ~,~. .... :o.~ Fr--;'--n: '~'~ ":-'"':~- ~r,~.:~ r~..,: ...... :. ,~.~ r-; .... 1, r'~ .... ct'..,,;., r_,cunt).. The penalties for uncontested violations of this Ordinance shall bc one hundred dollars ($100.00} for the first offense, two hundred fiftx.' dollars ($250.00) tbr the second offense, and four hundred dollars (~;400.00) for the third and subsequent offense{s}. Each person who, or entity that. contests any violation of this Ordinance is thereby subiect to a civil linc of up to five hundred dollars {$500.00) for each contest. Citations for violations of this Ordinance may be issued pursuant to Collier Count,,' Ordinance No. 97-35 (the Citation Ordinance} Violations of this Ordinance mat' be enlbrced under Chapter 162 or Florida Statutes125.69, or under I-6 of the Count.v's Code of I.a~s and Ordinances. No person shall be incarcerated for an',' violation of this Ordinance except as may be ordered by a judge because of direct contempt of court. A. Each separate da,,' that there is any violation of this Ordinance bv the same person or entity shall constitute a separate offense. B. /\11 fines collected pursuant to this Ordinance bx,* the Code Enforcement Department shall be used bv the Code Entbrcement Department to fund enforcement of this Ordinance and/or other County Ordinances. SECTION TWO: Conflict and Severabilit¥. The provisions of this Ordinance shall be liberally construed to effectively carry out its purposed in the interest of public health, safety, welfare, and convenience. If any section. phrase, sentence or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be dccmcd a separate, distinct, and independent provision, and such hold shall not affect thc validity of the remaining portions thereofi Words underlined are added; words ::.'"-:.~. :~.-::g~ are deleted. 6 SECTION TItREE. INCLUSION IN THE CODE OF LAWS AND ORDINANCES Thc provisions of this Ordinance shall become and be made a pan of thc Code of Laws and Ordinances of Collier County, Florida. Thc sections of thc Ordinance maybe rcnumbercd or rclcttcrcd to accomplish such, and thc word "ordinance: ma>' be changed to "section", "article". or an>' other appropriate word. SECTION FOUR. Effective D~te. This Ordinance shall become effective upon being filed with the Department of Statc. PASSED AND DULY adopted by the Board of Count>' Commissioners Collier Count>,. Florida. as thc Governing Body of Collier County. Florida. and as Ex-Officio thc Governing Board of thc Collier County Water-Sewer District. the Marco Water and Sewer District. and the Goodland Water District. this /'._,(' day of (~,,,~a . 1998. ATTEST: DWIGHT E. BROCK. CLERK Ily:/'~' / ..... .--':' . .... ' BOARD OF COUNTY COMMISSIONERS Deputy Clerk ' COI.LIER COUNTY. FLORIDA signature on]7. ny: , ~q BA~A~-B;BER~,~ Approved as to form and legal sufficiency: lhomas C. Palmer, Assistant County Attorney Words underlined are added: ~ords -_. ......... ::::g.h are deleted. 7 12C1, STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Gollier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 98-55 Which was adopted by the Board of County Commissioners on the 16th 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 16th day of J~ne, 1998. Clerk of Courts ah~'"':~ lerk, ,... it..' Ex-officio to Board :6f county co~missio~ ...,"., '.., ~,'.,. ],.. $ , '., ;,. · · ,' . · ) · . . ,.,~,' , . .J . (By: Maureen Kenyon' "... Deputy Clerk ............. ' CoLLier County, FLorida REQUES, FOR LEGAL ADVERTISING OF PUBLIC HEARINGS i 2 0 2 to: CLerk to the Board: PLease place the foLLowing as a: IX] Normal Legal Advertisement [ ] Other: (DispLay Adv., Location, etc.) -- - [s~gn ctear~y)~i Petition No. (If none, give brief description): ORDINANCE REPEALING ORDINANCE NO. 88-28, AS AHENDED. Petitioner: (name & address): Name & address of any pe. rsons(s) to be notified b~ CLerk's Office: (If more space needed, attach separate sheet) Hearing before: C~ ] BCC [ ] 8ZA [ ] Other Newspaper(s) to be used: (cocr~oLete only if imoortant [ ], [ X] NaDtes Dairy News or legaLLy required [ ] [ ] Other Proposed Text: (Include regal description & co~on Iocaticn & size): AN ORDIN.\%Ct! REPf!.\I. INC COLLIER COUNTY ORDI%AXCI! N(~. 88-2g, :kS :\"ENDED, WttlCH ESTABLISHED TIlE MARCO ISLAND BEAUTIFICATION ADVISORY CO2-LMITTEE; PROVIDING FOR INCLUSION IN TIlE CODE OF LAKS AND ORDINANCES; PRO\rIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Companion petition(s), if any, g pro~s~ hearing date: Does Petition Fee Incl~e Advertisi~ Cost? Yes [~' } No { } If yes, what account should ~ charg~ for ~vertisi~ Reviewed~~~_~by: ~~ Approved by: Division ~~Oat Cc~ty Manager Date list Attachments:(1) O[~D[~A%CE (2) (3) DISTRIBUTION INSTrUCTiONS A. FCr hear~s before BCC or BZA: Initiating person to c:~[e~e one co~y o~ obtain Division Head approval ~fore ~u~ittin~ to County Honager. ~TE: If Ieee[ doc~em~ is involved, be sure that any necessary legal review, or r~est fcr some, is ~u~itted to County Attorney before su~i=~in~ ~o County ~nn~ger. The ~nmnger's Office ,ill dislritu~e C~DI~S: [ ~ Ccunty ~nnager age~a fi[e; [ ] R~esting ~tv~icn: [ : Original to Clerk's Otfice B. Giber hear~ng~: Initiating Division Head to a~rove ara su~it original tc C:erk's Office, retaining a co~y for f~ie. - FOR CLERK'S OFFICE USE O~L~ DATE RECEIVED DAlE AOVERrlSED DATE Or P.~. ~ OF PAGES 3 (including this cover) Ilililliilililillllilililillilillllillliillillllilllililillllli TO: l,, M~. ~ LOCATION: NAPLES DAIL! ~ ~ NO.: 263~8~ i111111111111111111111111111111111111111111'iii!1111111111111111 FROM: .-~_._~=_~LLIE HOFFHAN - HINUTES & RECORDS L_ LOCATION: Collier County .Courthouse FAX ~0: (813} 774-8408 PHONE 'NO: (813} 774-8&06 May 27, 1998 Ms. Judith Flanaqan Naples Daily News 1075 Central Avenue Naples, Florida 33940 Re: Notice of Public Hearing to Consider an Ordinance Repealing Ordinance 88-28 Dear Judy: Please advertise the above referenced notice one time on Friday, June 5, 1998, and send the Affidavit of Publication, in duplicate, together with charges involved to this office. Sincerely, Ellie Hof fman, Deputy Clerk Enclosure Charge to Account 101-163610-648110 12C 2 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, JUNE 16, 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: A~ ORDINANCE REPEALING COLLIER COUNTY ORDINANCE NO. 88-28, AS AMENDED, WHICH ESTABLISHED THE W~.RCO ISLAND BEAUTIFICATION ADVISORY CO~4ITTEE; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDIN~{CES; PROVIDING FOR CONFI, ICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. Ail 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 CO:~4ISSIONERS COLLIER COb~TY, FLORIDA BARBARA B. BERRY, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Ellie Hoffman, Deputy Clerk (SEAL) 12C ~N ORDINANCE REPEALING COLLIER COUNTY ORDINANCE NO. 88-28, AS AMENDED, WlllCll ESTABLISliED TIlE MARCO ISLAND BEAUTIFICATION ADVISORY COMMITTEE; PROVIDING FOR INCI.USION IN TIIE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WIIEREAS, on July 21 1981, thc Board of County Commissioners adopted Ordinance No. 81-35 creating thc Marco Island Bcantification Municipal Service Tax Unit; and WHEREAS. on March 1, 1998, the Board of County Commissioners adopted Ordinance No. 88-28, which established the Marco Island Beautification Advisory Committee; and WttEREAS. on April 14, 1992, the Board of County Commissioners adopted Ordinance No. 92-21, which amended Ordinance No. 88-28; and WHEREAS. on August 28, 1997, the City of Marco Island voted to incorporate; and WtlEREAS. on March 30, 1998. thc City oCMarco Island tcrminatcd the Marco Island Bcautification Municipal Service Taxing Unit by City Resolution No. 98-3-30A; and WHEREAS, on May 26, 1998. the Board of County Commissioners adopted Ordinance No. 98-42, rcpcaling Ordinance No. 81-35 and abolishing the Marco Island Beautification Municipal Service Tax Unit. NOW, THEREFORE, BE IT ORDAINED BY TIlE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Repeal of Ordinance No. 88-28, as amcndcd. Collier County Ordinance No. 88-28, as amended, is hereby repealed in ils entirety. SECTION TWO: Conflict and Severability. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, thc more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court ofcompctcnt jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect thc validity of the remaining portion. SECTION THREE: Inclusion In Thc Code Of Laws And Ordinances. Thc provisions of this Ordinance shall become and bc made a pan of thc Code of Laws and Ordinances of Collier County, Florida. Thc scclions of thc Ordinances may be rcnumbcred or 2 rclcttcrcd to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION FOUR: Effective Date. This Ordinance shall take effect upon filing with the Depanmcnt o£Statc. PASSED AND DULY ADOPTED by the Bo~d of County Commissioners of Collier County, Florida this .. day of ,1998. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Cledt OF COLLIER COUNTY, FLORIDA By: BARBARA B. BERRY, Chairman Approved as to form and legal sufficiency: D'avid C. Weige~ ' County Attorney DCW/HFA&n - 12¢ 2 NapLes DaiLy Nevs NapLes, FL 339~0 Affidavit of PubLication NapLes DaiLy Neus ............................ NOTI~ ~ IN~ ~ARD OF C~,TY C~[SSZ~ERS TOC~ AT~: NANCY SAL~UB ~OINA~ ~ Is h~ glv~ ~ ~X ~15016 ~ ~ ~Y, JUNE NAPLES FL ~101-~16 ~, ~d F~, A~I~ ! E~ T~ r~, Nm~ REFERENCE: ~1~0 5~0~51 ~TZCE OF [NTENT T0 ~. C~ty of CoLLJe~ I ~fore the u~ers~ ~t~rJty, ~r~LLy PEALING COLLIER ~er~ ~. La~ ~ ~ ~th says t~t she sePves C~NTY NO. ~-~, as the ~ss~stant core,ate Secretary o~ the ~Les ~, w~lc~ ES~e. LI~D T~ M~CO Oatty N~s, a daily n~s~r ~bt~sh~ at ~ptes, I~ANO BEAUTIFICA- tn CoLLier C~nty, FLorida: that the attach~ T~N ~VI~Y COm- MITTEE; PROVIDING ~ of ~vertJsi~ was ~bLishN in said F~ ~s~r ~ dates List~. C~ ~NA~S; ~O~ MffJmt furthe~ says that the said ~pLel DaiLy lNG FOR CONFLICT N~S is a n~s~r ~bLish~ at NapLes, in ~td AND 5EVERABILITY; AND PROVING AN CoLLie~ C~ty, FLoeJ~, a~ t~t the said EF~CTI~DA~ ~LI~ in said CoLLier C~y, FLori~, ~y ~ ~s ~ ~ter~ as sec~ ctes~ ~tL ~tter et the ~st office in NapLes, in said CotLier C~nty, FLorida, fo~ a ~i~ of 1 yea~ Ittach~ c~y of ~vertise~t; e~ affiant furt~r says that she ~s neJthe~ ~Jd ~r pe~alnl~ ~o p~is~ any ~r~, firm or c~ratim ~y ditc~t, r~te, c~issi~ or refu~ for the , ~ ~ o ~m ~r~le O+ securi~ this advertisement for ~[Jcati~ in the said ~s~per. I CO~S C~L~ ~A 8. ~RR Y, ~N DW~ E. ~, ~ SP~CE: ~.~ Z~CH ~C~ FZLE~ ~: ~/~/~ SJ~ture of Affiant ' ORDINANCE NO. 98- ~6 AN ORDINANCE REPEALING COLLIER COUNTY ORDINANCE NO. 88~28. AS AMENDED. WtIICH ESTABLISHED THE MARCO ISLAND BEAUTIFICATION ADVISORY COMbliTTEE; PROVIDING FOR INCLUSION IN TilE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS. on July 21 1981, thc Board of .County Commissioners adopted Ordinance No. 81-35 creating the Marco Island Beautification Municipal Service Tax Unit; and WHEREAS, on March I, 1998, the Board of County Commissioners adopted Ordinance No. 88-28, which established the Marco island Beautification Advisory Committee; and WHEREAS, on April 14, 1992, the Board o1' County Commissioners adopted Ordinance No. 92-2 I, which amended Ordinance No. 88-28; and WHEREAS, on August 28, 1997. the City o£Marco Island voted to incorporate; and WHEREAS, on March 30, 1998, the City of Marco Island terminated the Marco Island Beautification Municipal Service Taxing Unit by City Resolution No. 98-3-30A; and WHEREAS, on May 26, 1998, the Board of County Commissioners adopted Ordinance No. 98-42, repealing Ordinance No. 81-35 and abolishing the Marco Island Beautification Municipal Service Tax Unit. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA. Ihat: SECTION ONE: Repeal of Ordinance No. 88-28. as amended. Collier County Ordinance No. 88-28, as amended, is hereby repealed in its entirety. SECTION TWO: Conflict and Sevcrability. in the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law. the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of compctcm jurisdiction, such portion shall be deemed a separate, distinct and independent provision and sfich holding shall not affect thc validity of the remaining portion. SECTION THREE: Inclusion In The Code O£ Laws And Ordinances. The provisions of this Ordinance shall becom'e and be made a part of the Code of Laws and Ordinances of' Collier County, Florida. The sections of' the Ordinances may be renumbered or I.2C2- rclct~crcd to accomplish such, and thc word "ordinance' may bc changed to 'section," 'article,' or any other appropriate word. SECTION FOUR: Effective Datc. This Ordinance shall t~ke effect upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County. Florida this __ day of . , ~ ,1998. ATTEST: BOARD OF COUNTY COMMISSIONERS DW1GHT E. BROCK. Clerk OF COLLIER COUNTY. FLORIDA .*. * ...~. By: ~t~st a~. t6 C~atr~Mn'$ sJ~dtuee onlj,. Approved as to form and legal sufficiency: David C. Weige~ ' O County Attorney DCW, HFA/kn 1202 ' STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Gollier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 98-56 Which was adopted by the Board of County Commissioners on the 16th 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 16th day of June, 1998. DWIGHT E. BROCK Clerk of Courts and ~rk'. :..,..~, %.. Ex-officio to Board-o'f. , ~..-j,.~ ~ County Commlss~.. . ,- · 'f'W.!']:~ ' ~.' .:,, '' ,~ '.. j, '.. ,,'i..'.. -- ; 3 " '."..." ... Deputy Clerk ". · ' ~ ~'~- ,.' ' R~ST FOR L~G~.. ADV~RTIS~rG OF P~LZC Tos C~e~k to the Boa~d~ P~eile p~ice ~he following as a~ [XX] ~o~al Legal Xdver~isemen~ [ ) (D~sp~a7 Adv., ~oca~on, e~c.) R~i~o Peri,ion No. (~ none, g~ve br~e~ deecrip~ion)~ Ordinance regarding funding for Lega~ A~d Office · m & add.ess of ~y person(~) ~o be neutered b~ Clerk,. o~c., Kea~ng be~oret {XX] BCC [ ] BZA [ ] O~her ReCesSed hea~ng daCe~ June 1~; 1~ ~ 8 · Based on adver~senen~ appearing 10 days before hearing. Newspaper(s) ~o be usedt (complete only i~ ~porCan~ [ ], [ ] Naples ~ail7 ~evs or legally centred [ ] [ ] OCher ..................... ................ ..................................................... .............................................. Proposed Text* (InClUde lega~ deSCription i co.on location a size)* ~ ORDnanCE PROViDinG FOR PART~A~ F~G FOR A LEGAL A~D OFF~CE ~N COLLIER CO~Y; PROVIDING FOR A~HORI~ FOR SAID F~ING; PROVIDING FOR TITLE CITATION~ PROVIDING FOR P~POSE ~ I~E~; PROVIDING FOR COLLECTION ~ USE OF F~S; PROVIDING FOR CONFLICT ~ SEVE~BILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS ~ ORDIN~CES; ~ PROVIDING ~ EFFECTIVE DATE. Demi Petition Fee include advertising teaC? Yes [ ] No (X] I~ yes, what account should be charged for =o,c,. 001~10510 (Coun~ Afforney) levi~ed by, ' ~.~J~~ ~=~ A~o=~ .... co=~=7 ,.=.~.= ........................ n.~. ........... ~is~ A~ac~ent,(1) Ordinance No. ~8-____ (2} (3} DISTRIB~ION ~STRU~IONS A. FOr hearifl=s before BCC or BZAt Initiating person to complete one copy and obtain Division Head approval review, or re.est for s~e. is s~mftted to ¢gunt7 Atto~ev before submittina =o County Has.asr. The Nan.germs Office will distribute copiest [ ] County Manager agenda file; [ ] Requesting D£vision; [ ] Original to Clerk*s Office .... B. Other hearinass Initiating Division Rea4 to approve and submit original to Clerk's Office, retaining a copy .~, :;;~ for file. , i ii i iii lin I III II I I I IIII III II I I III1~  ~ OF PAGES ._~ ll[liliillillliilllliilllililllllllllilillllllliiilllllilllllli LOCATION: NAPLES DAll.I' NEWS F]LX NO.: 263~8~ CO~S' ~: ~ /r ~ Iilli!illi!ii11111111111111111111111111111111111111111111111111 FROM: ELLIE HOFFHAN -MINUTES LOCATION: Collier County Courthouse FAX NO: (813) 774-8408 PHONE'NO: (813) 774-8406 NO. DATE ST. TIME TOTAL TIME ABBP ID STATUS ttPG~S DEPT CODE COMM. CODE ~'~J 06-01 09:02 ~°03' 12 926348G4 Ow 4 068C~19 · ~ 86--~1 ~9:26 ~ 03' 01 92~34E~4 01< 4 ~o8C~11 Date sent: ' , -- . June I, i998 ~s. Gudith Flana~an Naples Daily News 1075 Central Avenue Naples, Florida 33940 Re: Notice of Public Hearing to Consider an Ordinance Providing for Partial Funding for a Legal Aid Office in Collier County Dear Judy: Please advertise the above referenced notice one time on Friday, June 5, 1998, and send the Affidavi5 of Publication, in duplicate, together with charges involved to this office. Sincerely, ._~ Ellie Hoffman, Deputy Clerk Enclosure Charge to: 001-010510-649100 12C ~;OTiCE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given th,~t ,~ 'I~I~SDAY, JUNE 16 1998 in the Boardroom, 3rd Floor, A~,inistration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Co~issioners will consider the enactment of a County Ordinance. The meeting will co~.~ence at 5:05 P.M. The title of the proposed Ordinance is as follows: AN ORDINANCE PROVIDING FOR PARTIAL FUNDING FOR A LEGAL AID OFFICE IN COLLIER CO~:TY; PROViDiNG FOR AUTHORITY FOR SAID FUNDING;; PROVIDING FOR TITLE A2~D CITATION; PROViDiNG FOR PURPOSE A2~D iNTENT; PROVIDING FOR COLLECTION Ad~L USE OF FUP,;DS; PROVIDING FOR CONFLICT AND SEVEP~BILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interes_e<, parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County a~ministrator prior .to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on Dehalf of an organization or group is encouraged, if recognized by ~he Chairman, a spokesperson for a croup or organization may be allotted 10 minutes to speak ¢,n 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 mate~Jais intended to be considered by the Board shall be submitted to the appropriate County staff a minimum cf seven da-.zs prior to the public hearing. All ma~eriai used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record o= the proceedings pertaining thereto and therefore, may need to ensure that a '/erbatim record of the proceedings Js made, which record ~nci'~des the testimony and evidence upon which the app~al is based. BOARD OF COUiiTY ~3i=4ISSIONERS COLLIER COUNTY, FLORIDA BARBARA B. BERRY, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Eliie Hoffman, Deputy Clerk ( SEAL ) ORDINANCE NO. 98- AN ORDINANCE PROVIDING FOR PARTIAl. FUNDING FOR A LEGAL AID OFFICE IN COI,I.IER COUNTY; PROVIDING FOR AUTllORITY FOR SAID FUNDING: PROVIDING FOR TITI.E AND CITATION~ PROVIDING FOR PURPOSE AND INTENT: PROVIDING FOR COLLECTION AND USE OF FUNDS; PROVIDING FOR CONFLICT AND SEVER.ABILITY: PROVIDING FOR INCLUSION IN TIlE CODE OF I.AWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Sections 28.2401, 28.241 and 34.041, Florida Statulcs, authorize thc governing authority of the County to enact service charges and/or fees by ordinance for thc funding of a Legal Aid Office; and WHEREAS, said service charges may be imposed, pursuant to Sections 28.2401, 28.241 and 34.041, Florida Statutes, in probate matters and for civil aclions filed in the Circuit and County Courls: and WHEREAS, the Collier County Bar Association has led the local efforl to establish the Collier County Legal Aid Society, Inc. to initially handle family law legal issues for indigent residents of Collier County; and WItEREAS, the members of the Collier County Bar Associalion have voled for and approved a dues increase to provide parlial fund.lng for a Legal Aid Office; and WHEREAS, the current indigent legal representation needs in the County exceed the Bar Association's pro bono capabilities which are also not expected to be able to race! thc needs thai will exist in the future due to growth in thc County; and WHEREAS. the Collier County Bar Association has infom~cd the Board of County Commissioners that additional fimding for thc Collier County Legal Aid Socicly, Inc. shall bc sought from grants as well as through private donations from Ibc community; and W[IEREAS, the Board of County Commissioners hereby finds that providing fimding assistance for the Collier County Bar Association's efforts to establish and maintain a Legal Aid Office helps to address a public need and sen'es a lawful and necessary public purpose. -!- NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE. Authority This Ordinance is created pursuant to the provisions of Sections 28.2401, 28.241 and 34.041, Florida Statutes, which authorize the County to impose, by ordinance, service charges and/or fees in probate matters and in civil actions filed in the Circuit and County Courts to provide and maintain a Legal Aid Office. SECTION TWO. Title and Citation This Ordinance shall be known and cited as the "Collier County I.egal Aid Office Funding Ordinance." SECTION TIlREE. Purpose and Intent It is the purpose of this Ordinance to provide funding, as authorized by Florida Statutes, to assist the Collier County Bar Association in the establishment and maintenance ora Legal Aid Office for qualified indigent residents of Collier County. It is the intent of this Ordinance that the role of' the Collier County Board of County Commissioners (hereinafter referred to as "Board") shall be limited to being a partial funding source for the Legal Aid Office to be established by the efforts of the Collier County Bar Association (hereinafter "CCBA"). The Board shall not supervise nor control said Legal Aid Office nor shall the Board supervise the sen'ices provided under said program. SECTION FOUR. Collection and Use of Funds. a. As partial funding for the Legal Aid Office to be established by the CCBA, the Board hereby directs the Clerk to collect, effective July I, 19~8, the following service charges and/or filing fees pursuant to the authority contained in Sections 28.401, 28.241 and 34.041, Florida Statutes.: I) A service charge of $10.00 in probate matters for any party instituting formal administration, guardianship, ancillary curatorship, or conservalorship proceedings in Collier County. Such charges shall be in addition of other lawful fees allowed to be charged by the Clerk and shall be for the purpose of providing and maintaining a Legal Aid Office in Collier County. -2- 2) A fee of S10.00 for each civil aclion filed in the Circui! Court of Collier County. Such fee shall be in addition to other lawful fees charged by the Clerk and shall be for the purpose of providing and maintaining a Legal Aid Office in Collier County. Notwilhstanding any other provision of this Ordinance, and pursuanl to Section 741.30, Florida Statutes, Ihe total charges and fees for any court to issue a domestic violence injunction under Chapter 741 or 748, Florida Statutes, shall not exceed S50.00. 3) A service charge of $10.00 to be paid by thc plaintiff in any civil action or proceeding in Collier County Court. Such charges shall be in addition to other lawful fees allowed to be charged by the Clerk and shall he for the purpose of providing and maintaining a Legal Aid Office in Collier County. h. There is hereby created an account and/or fund for tim Board of County Commissioners known as the Collier County Legal Aid Office account/fiEnd. Said account/fund shall be administered by the Clerk of Ihe Circuit Court and shall be used to deposit service charges and/or fees collected pursuant Io this Ordinance. The funds provided by this Ordinance and deposited into this account/fund shall he expended only for the purposes of establishing, staffing, equipping, furnishing and operating a Legal Aid Office for the representation of qualified indigent residents of Collier County. A budget for expenditures of these funds shall be established annually by the Board. c. All unexpended funds in the Collier County Legal Aid Office account/fund at Ibc end of each fiscal year shall be carried forward in said account/fund to the next successive fiscal year and expended exclusively for Ihe Legal Aid Office as set forth in this Ordinance. SECTION FIVE. Conflict and Severahility. In thc event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court ofcompetent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect tile validity of thc remaining portion. SECTION SIX. Inclusion in the Code of I,aws and Ordinances. The provisions of this Ordinance shall become and be made a part of tile Code of Laws and Ordinances of Collier County, Florida. Tile sections of the Ordinance may be rcnumhcrcd or 12g rclettered to accomplish such, and the word "Ordinance' may be changed to Section, "Article", or any other appropriate word. SECTION SEVEN. Efreelive Date. This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County. Florida, Ibis . day of ,1998. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk OF COLLIER COUNTY, FLORIDA By: BARBARA B. BERRY, Chairman Approved as to form and legal sufficiency: Chief Assistant County Attorney - 12C "' Heptes, Fi. Affidavit of Pubttcetio~ NOTICE Of= INTENT Neptes Dei[y N~S TOCON~ ~DINA~ ........................... ~e h ~ ~ven that Off TUESDAY, JU~ 16, I~, in ~, ~d F~, A~ ~ARD OF C~HTY C~HISSZ~ERS I~ ~ ~, 3~1 Emi T~ ATTH: NANCY SAL~UB mi Tr~l, ~ F~, PO ~X A1~6 mlss~s ~H c~ P~ The ~e ~ ~ AN ~DINA~ ~EREHCE: ~1~30 01101051~91 FU~t~ F~ A LE- 5~02322 ~TZCE OF INTENT TO GAL A~ OFFI~ IN COLLIER COUNTY' ~O~DING F~ AU~ ~te of FLorida THORITY FOR FUNDING' ~OVlOING unty of Cattier F~ TIT~ A~ CITA. 5afore the u~ersign~ eut~rlty~ ~rs~t[y TION; ~O~DING PURPOSE AND IN. ~eer~ B. La~, ~ ~ gib says t~t t~ serves ~NT; ~O~ING the Assistant Cat,rate Secretary of the ~ptes C~LECT~N A~ ~ FU~S; ~OVIDING ~[y N~S, a deity n~s~r ~btish~ at ~ptes, F~ CO~LICT CoLLier C~nty, FLorida: that the atta~ ~RABILITY- PRO- VIDING FOR 'INCLU- ~y Of ~vertist~ was ~b[ish~ in said ~ON IN THE C~ vs~r ~ dates [ist~. LAW5 AND ORDI- NA~ A~ ~O~- ~fft~t further says that the said ~ptes DaiLy I N G F O R A N ~S iS a n~s~pe~ ~bLish~ at gap[es, tn tetO EFFE~DAT~ rlLier C~ty, FLori~, e~ that the said ~ ~e m fl~ ~s~r ~s heretofore ~ c~t i~sLy ~ O~ ~ ~ ~d ~e ~ f~ ~. ~bL~ ~n ~d CaiLler C~nty, F[or~, each ~ ~. I~ ~ ~y ~ ~s ~ ~ter~ as sec~ class ~t[ ~tter It t~ ~st office in Nap[es, tn said -;ltter C~ty, Ftortda, for · ~rt~ of I year -~t prec~tng the first ~bLicatt~ of t~ :e~ C~ of ~vertis~t; a~ affiant rt~r ~ys that she ~s neither ~td ~r -~ '~ ~ ~ oeis~ Ky ~rG. firm or c=rati~ ~ '~t, re. re, ~ilsim or ref~ for the r~se of securi~ this ~vert~se~t for '~--aK--; SPACE: 1~.~ INCH ~,~ ,~ ,~~ · ~ture of Affiant '~ '~ ~ ~ '~ ,~ 19~.) ;, ~s~tty k~ ~ ~ j ,,~' 12C5=' ORDINANCE NO. 98- 57 AN ORDINANCE PROVIDING FOR PARTIAL FUNDING FOR A LEGAL AID OFFICE IN COLLIER COUNTY; PROVIDING FOR AUTHORITY FOR SAID FUNDING; PROVIDING FOR TITLE AND CITATION; PROVIDING FOR PURPOSE AND INTENT; PROVIDING FOR COLLECTION AND USE OF FUNDS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Sections 28.2401, 28.241 and 34.041, Florida Statutes, authorize thc governing authority of the County to enact service charges and/or fees by ordinance for thc funding of a Legal Aid Office; and WHEREAS, said service charges may bc imposed, pursuant to Sections 28.2401, 28.241 and 34.041, Florida Statutes, in probate matters and for civil actions filed in the Circuit and County Courts; and WHEREAS, the Collier County Bar Association has lcd thc local effort to establish thc Collier County Legal Aid Society, Inc. to initially handle family law legal issues for indigent residents of Collier County; and WHEREAS, the members of the Collier County Bar Association have voted for and approved a dues increase to provide partial funding for a Legal Aid Office; and WHEREAS, the current indigent legal representation needs in the County exceed the Bar Association's pro bono capabilities which are also not expected to be able to meet the needs that will exist in the future due to growth in the County; and WHEREAS, the Collier County Bar Association has informed the Board of County Commissioners that additional funding for the Collier County Legal Aid Society, Inc. shall be sought from grants as well as through private donations from the community; and WHEREAS, the Board of County Commissioners hereby finds that providing funding assistance for the Collier County Bar Association's efforts to establish and maintain a Legal Aid Office helps to address a public need and serves a lawful and necessary public purpose. NOW, THEREFORE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE. Authority This Ordinance is created pursuant to the provisions of Sections 28.2401, 28.241 and 34.041, Florida Statute, which authorize thc County to impose, by ordinance, service charges and/or fees in probate matters and in civil actions filed in the Circuit and County Courts to provide and maintain a Legal Aid Office. SECTION TWO. Title and Citation This Ordinance shall be known and cited as the "Collier County Legal Aid Office Funding Ordinance." SECTION THREE. Purpose and Intent It is the purpose of this Ordinance to provide funding, as authorized by Florida Statutes, to assist the Collier County Bar Association in the establishment and maintenance of a Legal Aid Office for qualified indigent residents of Collier County. It is the intent of this Ordinance that the role of Ihe Collier County Board of County Commissioners (hereinafter referred to as "Board"} shall be limited to being a partial funding source for the Legal Aid Office to be established by the efforts of the Collier County Bar Association (hereinafter "CCBA"). The Board shall not supervise nor control said Legal Aid Office nor shall the Board supervise the services provided under said program. SECTION FOUR. Collection and Use of Funds. a. As partial funding for the Legal Aid Office to be established by the CCBA, the Board hereby directs the Clerk to collect, effective July l, 1998, the following service charges and/or filing fees pursuant to the authority contained in Sections 28.401, 28.241 and 34.041, Florida Statutes.: I) A service charge of SI0.00 in probate matters for any party instituting formal administration, guardianship, ancillary curatorship, or conservatorship proceedings in Collier County. Such charges shall be in addition to other lawful fees allowed to be charged by the Clerk and shall be for the purpose of providing and maintaining a Legal Aid Office in Collier County. -2- 2) A fcc of Sl0.00 for cach civil action filed in thc Circuit Court of Collier County. Such fee shall be in addition to other lawful fccs charged by thc Clerk and shall bc for the purpose of providing and maintaining a Legal Aid Office in Collier County. Notwithstanding any other provision of this Ordinance, and pursuant to Section 741.30, Florida Slatutcs, thc tolal charges and fees for any court to issue a domestic violence injunction under Chapter 741 or 748, Florida Statutes. shall not exceed $50.00. 3) A sev, ice charge of $10.O0 to be paid by thc plaintiff in any civil action or proceeding in Collier County Court. Such charges shall be in addition to other lawful fees allowed to be charged by the Clerk and shall be for the purpose of providing and maintaining a Legal Aid Office in Collier County. b. There is hereby created an account and/or fund for the Board of County Commissioners known as the Collier County Legal Aid Office account/fund. Said account/fund shall be administered by the Clerk of Ihe Circuit Court and shall be used to deposit service charges andor tees collected pursuant to this Ordinance. The funds provided by this Ordinance and deposited into this account/fund shall be expended only for the purposes of establishing, staffing, equipping, furnishing and operating a Legal Aid Office for Ihe representation of quali fled indigent residents of Collier County. A budget for expenditures of these funds shall be established annually by the Board. c. All unexpended funds in the Collier County Legal Aid Office account/fund at the end of each fiscal year shall be carried forward in said account/fund Io the next successtve fiscal year and expended exclusively for the Legal Aid Office as set forth in this Ordinance. SECTION FIVE. Conflict and Severability. In the event this Ordinance conflicts u, ilh any other ordinance o~' Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independcnl provision and such holding shall not affect the validity of Ih¢ remaining portion. SECTION SIX. Inclusion Jn the Code of I.aws and Ordinances. Thc provisions of this Ordinance shall become and be made a part of thc Code of Laws and Ordinances of Collier County, Florida. Thc sections of thc Ordinance may be renumbcred or -3- rclct~crcd to accomplish such. and thc word "Ordinancc" may bc changcd to Section. "Aniclc". or any other appropriate word. SECTION SEVEN. Effective Date. This Ordinance shall bccomc cffcctivc upon filing with thc Dcpartmcnt of State. PASSED AND DULY ADOPTED by thc Board of County Commissioners of Collier County, Florida, this// day of 2~:~, 1 998. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk OF COLLIER COUNTY, FLORIDA signature onl$. Approved as to form and legal sufficiency: iro Mafiaffch, - ....... Chief Assistant County Attorney -4- 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. 98-57 Which was adopted by the Board of County Commissioners on the 16th 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 16th day of June, 1998. Clerk of Courts and ~1 Ex-officio to Board.26~ County Commissioners-:  : Maure, " Deputy Clerk 1GA .... 2 RESOLUTION NO. 98- 183 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 cf certain nuisances, including prescribed administrative cost incurred by the Cgunty, shall be assessed against such property; and WHEREAS, %he 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 W.qEREAS, the assessment shall become due and payable thirty (30) days af-_er the mailing of Notice cf Assessment after which interest shall accrue at a rate of twelve pe_rcent .112.0%) 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 foi2cws, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the fol!owlng costs of such abatement, to wit: N~E: LEG~ DESCRIPTION: COST Lucy Rines, Estate $2,120.00 2596 Holly Ave. Lot 34, HOLLY Terrace, Naples, FL 34112 according to Plat thereof, recorded in Plat BOOK 4, Page 64, P~lic Records of Collier Co~ty, Florida REFERENCE: 50891000007 60301-002 The Clerk of the Board shall mall a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails [o 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 ~otion, second and majority vote. DATED: _. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COL~TY, FLORIDA ,19nature0nl). 91 7 tC 0R: 2441 PG: 3382 APPROVED AS T~. FCRM ~ LEGAL SUFFICIENCY: : · CO~TY ATTORNEY CSce 11 - 1,/98 BOARD OF COUNTY COMMISSIONERS COLLIER COUNT~, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN DATE: June 16, 1998 Lu~ Rines, Estate 2596 Nolly Ave. Naples, FL 34112 REFERENCE 60301-002 ~50891000007 LIEH i'FJMBER: LEGAL DESCRIPTION: Lot 34, HOLL~ Terrace, according to Plat thereof, recorded in Plat BOOK 4, Page 64, Public records of Collier County, Florida. You, as the,.~..,~._r of the property above describod,_ as recorded in the records maintained by the office of the Property Appraiser, are hereby advlsec -nat -he Ccmpliance Services Manager, did on 11/05/97, order th~, abatement cf a certain nuisance exzst~ng on the above property prohibzt~.~n by Ord'~ 1.a .... 91-47, serving notice thereof upon 7ou, such nuisance being:: Prohibited dumping, accumulation, storage or burial of litter: waste or abandoned property, o Burned mobile home, boats, appliances, boat parts, engine vehicle parts, ti=es, metal, wood, plastic etc. You faileU to abate such nuisance; whereuF, on, it was abated by th~-~ expenditure of public funds at a direct cost of $ 1,920.00 and admlnistrat~'.'e cost of $200.00 for a total of $ 2,120.00. Such c~ts, by ResolutiDn of the Board of County Commissioners of Collier County,~ Florida, have been assessed against the above prcperty on June 16, 1998 and shall become allen on the proper~y thirty :39, .Isys after such assessmens. You may_~-.. ~ ~. % nearlna~ Defore t~e R~arG of County Comm~ssloners to show cause, ~f =ny, why the expenses and charges incurred by the County under -~' , .... s ~rGinance are unwarranted er excessive or Why such expenses should net constitute alier, against lne propert'~. Such request for hearing must be made to the Clerk of the Board cf Count}. Commissioners, Government Center, Naples, Florida 34112 in "~ .... ....... G wltnir; thirty (30) days from the oats of this assessment to be ';a~i~. CLERK, BOAPD OF COUNTY COMMISSIONERS CSce 9- ~ONSTRUCTIO~ A~D ,MAINTF_.NAN~E AG~£EM£NT OF SUBDI¥1~IO~ IMPROVF. MF.~T~ THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this ~ day of ~a,za' 1998 between MS TEP EMBASSY. I..P.. a Delaware Limited Partnership. the properD' owner, hereinafter re£crrcd to as "Developer". anti thc Board of Count.,,' Commissioners of Collier County,. Florida. hereinafter referred to as "Thc Board". 1. Developer has. simultaneously, with thc delivcD, of this Agreement. applied for the approval by' the Board ora certain plat ora subdivision to be kno,,vn as: Glen Eal~let Golf& Counto' Club. Phase Three 2. DMsion 3.2 of thc Collier County' Unified Land Development Code requires tile Developer to post appropriate guarantees for thc construction of thc improvements required by said subdivision regulations, said guarantees to bc incorporated in a bonded agreement for thc construction of thc required improvements. NOW. II tERL:FORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth. Developer and thc Board do hereby' covenant and agree as follows: I. Developer will cause to be constructed: a potable water system, sanitary scxvcr system, drainage, grading, paving and miscellaneous as outlined in Engineer's Cost Estimate (attached hereto as Exhibit "A" and by' reference made a part hereof} within 12 months from tile date of approval of said subdivision plat, said improvements hereinafter referred to as thc required improvements. .~. ,,,m, ............. I III IIIflllllllll ................ [ ............ 2. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "B" and by reference made a part hereof) in the amount of $291.180.00 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. 3. in the event of default by the Developer or failure of the Developer to complete such improvements within the time required by the Land Development Code. Collier County, after written notice to Developer, may call upon the subdivision performance security to insure satisfactoD' completion of the required improvements. 4. The required improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with the final project records have been furnished to be reviewed and approved by the Development Services Director for compliance with the Collier County I.and Development Code. 5. The Development Services Director shall, within sixty 1'60) days of receipt of the statement of substantial completion, either: a} notify the Developer in ~s~'iting of his preliminary approval of the improvements: or b) noti~' the Developer in u, xiting 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 the Development Services Director refuse preliminary approval of the improvements it' they are in fact constructed and submitted lbr approval in accordance with the requirements of this Agreement. 6. The Developer shall maintain all required improvements for a minimum period of one year after preliminary approval by the Development Services Director. After the one year maintenance period by the Developer has terminated, the Developer shall petition the Development Services Director to inspect the required improvements. The Development Services Director or his designee shall inspect the improvements, and, if found to be still in compliance with Collier County 2 l.and Developmem ('ode as reflected by final approval by the l:]oard, tile Board shall remainm~ !0",, of the subdivision perfo~ance s~ufily. 'l'h~ Developer's res~nsib~lity For m~intenance of the required improvements shall conlinuc unless or until the Board accepts m~intenance responsibility' For and by the County. 7. Six 16~ months after the ex~ution ofthis Agreement and once w~thin eve~' six ~6) months thereafter the Developer may r~uesl lhe Development Sen'ices Direclor dollar amount of the subdivision perfo~ance security on the b~is of work complel~d. Each rcquesl for a reduction in the dollar amounl of Ih~ subdivision security shall be accompanied by a statement of substantial completion by thc Developer's engineer together with the projccl records ncccssa~' for rcvicx¥ by the Developmenl Sen'ices Direclor. The Development Sen'ices Director may grant thc request for reduction in the amounl of the subdivision performance security improvements completed as of lbo date of thc rcqucsl. 8. In d~c event the Developer shall fail or nc$lccl to fulfill ils obligations under this Agreement. upon certification of such failure, the County Administrator may call upon the subdivision perfom~ance security Io s~ure satisfacto~ completion, repair and maintenance of the required improvcmenls. The Bo~d shall have the h~t to const~ct and maintain, or cause to be const~cied or maintained, pursuant Io public advcmsemcnt and receipt and acceptance of bids. thc improvemenls required herein. The Developer. as principal under thc subdivision perfom~ancc security, shall be liable lo pay ~d to indemnify the Board, upon completion of such consl~ction, thc final lotal cos~ to the Board thereof, including, but not limited to, engineering, legal and contingent costs, together with any damages, cilher direct or consequenlial, which the Board may sustain on accoun~ of Iht failure of thc Developer to ca~' out all of irc provisions of this Agreement. .... · ~ Il I llll Illlllllll - Illll Ill .... I Illllllll Illl Il I I lll Illl I II Il Illll I 16A 9. All of thc terms, covenants and conditions herein contained arc and shall be binding upon thc Developer respective successors and assigns of the Developer. IN WII'NESS WHEREOF, the Board and thc Developer have caused this Agreement to hc executed by their duly authorized representatives this~.~__ day of (~x_.x, xff. 1998. Signed. Scaled and Delivered in tkc. prcscnccof: MS TEP EMBASSY. L.P.. a Delaware l.imitcd ,~~/c~/ Panncrship , (~{ar-riet ~-arnham) ' (Arthu~J. Falcone, ~.UXNAGE~ER) (Ange]a E. De]opa) ATTEST: BOARD OF COUNTY CO,M~ISSIONERS DWIGHT E. BROCK. Clerk OF COLLIER COUNTY, FLORIDA t, tte.~t as to Cha'irman '5 Barbara"{~crD".-ch~i~ signature only. Approved as to form and Icgal sufficiency: ~.C~D~vid Wci~cl ' Collier Coumy Auomey 16/ J EXHIBIT "A" ENGINEER'S COST ESTIMATE SUMMARY I. New Construction $ ! 62.218.28 I!. Pump Station $ 50.000.00 III. Street Lights $ 20.000.00 IV. Sidewalks $10,000.00 Total (rounded to nearest $1.000) $243,000.00 10% of Total $ 24.300.00 10% of Phase 3A = 10% x 60% x $398.000 = $ 23,880.00 Letter of Credit amount = $291,180.00 97508\c&m-agre COLLIER COUNTY LAND DEVELOPMENT CODE PERFOIOIANCE BOND KNOW ALL PERSONS BY THESE PP~S~I'S: that 'f'RANSEASTERN PROPI~'F[ES, ~C. 33~ ~~I~ D~E, SU~ ~1 CO~L SP~QS, ~ 330~5 l'referred National Insurance 210 ~lniversitF Drive, Suite 900 Coral Sprin~s, FI, 33~71 (hereinafter ref~ed to ss "S~'~ ~r~ held ~ f~y bo~d ~1o Coi~ Co~, Flofi~, (here~ifler refeeed to ~ "~n~") ~ ~, to~ a~egsle ~ of Two HaM~ N~e~ On~ ~ousl~, On~ Hu~r~ [ilhb Dolllrs ($2~I,1[0.00) ~ law~l money of~ Uflt~ S~, f~ ~ p~ of w~eh ~ web b~d ourselves, out hei~s. ~ecut~, ~nis~to~, ~u~s~ ~d o,i~, jo~tly ~d p~s~u. O~ ~ S~ ~ u~d for s~l~ or p~l, ~ ~ ~atext ~ CONDI~ON OF ~lS OBLIOA~ON n tach ~st whe~. ~e O~er ha~ ~b~ned for ~pprov,l by th~ Bo~d a c~a~ suMivision plat ~d G~a [~ ~lf i~fl Club ~h~, ~ ~d ~t e~in subdivis~n NOW, ~FO~, ~f the ~er s~ll wel~ ~ly ~d fi~ly ~ffo~ ~ oblig~fl~ sltts~ ~11 ela~ ~d ~n~ m~ ~d s~B ~I~ ~~ ~d stye ~l ~e Co~W ~m ~ ~ai~t all :om and ~s w~ch It may suffer ~' ~ of O~er's f~ m ~ ~. ~M shill re~b~se ~nd rep~y the Co~ all out~y ~d expe~e which ~ C~ ~y ~eut ~ ~k~g g~d ~y defaull, void. o~e~ise ~ remain lu ~11 fo~ ~ PROV~ED, ~E~ ~lt ~e ~ S~U. f~ val~ ~ived h~by, ~puhtes ~d ~ees ~t no ~h~ge. ~t~nsion of t~e, nl:e~on, ~ddi~ or d~it~on to ~ p~sed speeifi~ ~tovemen~ s~ll ~ ~y way sff~ Its obltiat~on on ~is Bond, ~d it does h~by ~iv~ n~ee of ~y such ch~ge, ex~nslon of ~me. ~lem~on. ~ditlon PRO~ED. ~~ ~lt tt is sx~s~ n~ ~sl ~u Bo~ s~H ~ deemed f~! petfo~ in secer~nc~ ~ ~e ~ ~1~1 R~ls~o~. ~ t~ ~ed m ~s ~nd, ~d ~h~ ~g to ~s Bo~ or o~ ~en~ ~1 i~lu~ any al~r~flon, nddifi~ of 15 ~of M.aF .19~8 I'RI N ('1 I'A !.: 'l'ranseastern_l'rolserties, I nc. .. . .////'-../ ..-" 3300 Unive4~b~Driv¢'/ . "' '~ Ily: ~~ I scm State of Horida CoulII)' or Broward On this Iwenly-seco.d da} of May. 19qg. ~lOre me personally appeared Arlhur Fako.e ~ ho is k.mvn lo me acknowledges to me that he execuled Ihe same. /, Notary Public I scm ) Nl'~ ('ommissi,,,s I':xpircs: SURETY: I'teferred National Insurance Company , Lt' 210 Universily Drive Suite 800 Wil,lcSS:~~-- 3 ~5~ ....... C.'oral Springs. Florida 3307.1 Name: O!or~~ gd ' ' _ ' - - ' : : '; ............ ' Witness: Name: .Mi~h~el_G. Pop,ok ......... State of Florida Counly of Broward On this twe.ty-second day of' May. 1998.1~2fi)re mc personally appeared l.awrence I)wyer x~'l~, is km)w. lo mc to be thc Allomcy-ln-I:acl fbr l)rcfbrred National Insurance Company and who executed thc Ibregoing instrument and acknowledges to me Ihal he excculed the ~m. ~. ~. Sig,,ed a,,d sworn before ,,,e this 22,,d day of May. , 998 _J..~~. Nof~y l)ublic (seal) My Commis~~l~s: · · ' '/~--N DENtSE A POPICK '1 '~-~' ]s,,~, o~ Preferred National Insurance Company Coral Springs, Florida POWER OF ATTORNEY Slain We~z. Present. Rnd Stall We~z. ~e~. in ~,soR~e al md~i~ gmnt~ ~ Aff~le Xl. S~t~ I ~ 2 ~ Ihs By-~ws al C~a~. ~h reads as f~s' ARTICLE XI, SECTION t - The Chairman of the ~afd of Pres~nl or nny V~e Pfes~ent or S~ret~ shall have ~ n~ au1~ lo A~orneys-in*Fact. a~ to a~r~ze them to exe~te ~ ~ of the Company. and aflach the seal al the C~pany thereto. ~ e~ ~k~, r~nizances, cgntracts of t~emni~ 8~ other w~ ~1~ ~ t~ nalure ARTICLE XI, SECTION 2 - The si~atufe al any a~z~ off~m a~ the Seal of the C~8~ may ~ afflx~ ~ f~s~le to any Powef ~ A~o~y Cedtf~ation thereof author~in~ the e~t~ a~ ~e~ ~ any ~. u~e~ak~, f~nlza~e, or other sufe~sh~ ~l~t~ of the C~any. a~ s~h s~atu;e and seal ~ so us~ shaft have t~ ~ Iofce a~ eff~ as t~ ~nua~ fix~ D~s hereby ~minste. ~6t~ul~ n~ Denis A. Dwyer, Denise Dwyer-Poplck, and Lawrence Dwyer its Ir~ a~ lawful attorney, for It a~ in ils name. ~ce, a~ stead to ex~ule ~ ~haH of t~ M~ C~eny as sure~, afl ~s. ~dakl~ e~ c~,r~ o* ~.,e~ *. ~* .~.t .o~ to ,,ce~: Five Hundred Thousand Dollars ($500,000.00) Pref~ Narwhal Insura~e Company, as f~ e~ a~, Io afl ~lm~ts a~ pur~es, as if they have been duly ex~uled a~ ack~ ~ r~a~ ei~ o~<ers of the C~pany at tis off<e ~ C~al ~. F~. in their ~n pr~r ~r~ns The sa~ Sec;eta~ does hereby ce~i~ that the af~e~g Is a Irue c~y of A~ XI, S~ti~ I & 2 of the By*Laws of sa~ Co~any, a~ ~ ~ IN W~NESS WHEREOF, the sa,d Pres~ent a~ ~ret~ h~ ~eunlo sub~ribed their names a~ affixed the Co~ratlun Seal al the Prelerr~ NarWhal Insura~e Company. this 17th day ~ F~, A~EST: P~ferr~ National Insurance Company STATE OF FLORIDA ) ss: ' Cl~ OF CORAL SPRI~S ) ' . , ' f~ hlmse~ de~elh a~ sash, Ihat lhey ate Ihs ~ off~ of I~ C~p~ny af~e~M, a~ ~at Ihs leal afltx~ !o ~e w~ng Insl~nl ~ ~ate Seal of sa~ Company. a~ Ihat the ~rate Seal a~ their slgnalures as s~h o~ers were du~ alflx~ a~ sub~rlb~ to t~ ~slm~nl by ~e a~r~ a~ direction of Ihs sa~ IN TES~MONY WHEREOF. I have hereunlo ssi my ha~ a~ affixed my Off~al Seal. al the Ci~ of C~al Sp~ings. Ihs day and year lirsl wri~en. CERTIF~ATE I. I~ u~erslgn~. S~rela~ ol Prelerr~ Nal~al Insura~e Company, do he~e~ cedi~ Ihal the m~inal Power ol AIIor~y ~ wh~h the fm~ng Is ~, Ir~ and corr~t ~. Is ~ full lo,ce .~ efl~ ~ Ihe ~te of Ibis cedil~te; a~ I ~ fudher cedt~ lhat Ihe P~esl~nt w~ ex~uted the sa~ P~ ~ AUmney was s~al~ aut~rized by the Board of Dir~tors to ap~lnl any AHomey-tn*Fact as pr~ In Ad~le Xl. S~t~ I & 2 ol the By-~ ~ Prelerr~ NarWhal Insurance ~mpany. This Cedif~ale may ~ s~n~ by facsi~ u~er a~ ~ 4u~ 01 ih~ f~w~ re~olution of the Board of Direclors ol P~ele.~ Nall~al Company at a meeling duly called and held on lhe 8lb day ol Sepl~m~,. Re~. A~icle Xl. S~I~ 2, '1hat the lacsimi~ ~ ~an~ally r~r~ml ~Jg~ald~e ot any S~rela~ ol Ihe Company, whether made ~ffelolore ~reaffer, ~er~er a~ar~ upon a ced~i~ ~.~ any ~*4r~ol ~; ney iss~. bf the Co.any, shall ~ valid a~ ~g ~ the C~any w~h ~ ~ force a~ eff~ as though manua~ a~x~ ': IN TESTIMONY WHEREOF, I h~v~ hereunto .u~ my ~me ~hd alfi~ !h~ Cor~rale Seal of Ihe .a~ Co. any this ..~.~.~ ........... day V 4 CONSTRUCTION AND MAINTENANCE AGREE.Xl ENT OF SUBDIVISION I,XIPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT for SUBDIVISION IMPROVEMENT,S; entered into this ~ day of ~ . 1998, between $.4WGRA.¢;.¢; OFIV.4PLE,¢I, INC., hereinafleYreferred to as "lffeveloper" and th~ Board of County Commissioners of Collier County, Florida, hereinafter referred to as "The Board". RECITALS I Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board ora certain plat of subdivision to be known as' S,,I 2 Division 3.2 of the Collier County Unified Land Development Code requires the Developer to post appropriate guarantees for the regulations, said guarantees to be incorporated in an agreement, with security, for the construction of the required improvements. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer and the Board do hereby covenant and agree as follows: 1. Developer will cause to be constructed: Water, sewer, drainage, access, buffer and lighting infrastructure serving $,qWGRA$.¥ SUBDIVISION within 36 months from the date of approval of said subdivision plat, said improvements herein after referred to as the required improvements. 2. Developer herewith tenders its Cashier's checks (attached hereto as Exhibit "A" and by reference made a part hereof) hereinafter the "Check", in the amount of $19~172.41, which amount represents 10% of the total construction cost, and in the amount of$17~955.60, which amount represents 100% of the estimated cost to complete the remaining required improvements (landscaping) at the date of this Agreement. 2. 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 use upon the security to insure satisfactory completion of the required improvements. 3. The required improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with the final project records have been furnished to be reviewed and approved by the Development Services Director for compliance with the Collier County Land Development Code. 4. The De,,'elopment Services Director shall, v,'ithin sixty (60) days of receipt of the statement of substantial completion, either: a) notify the Developer in writing of his preliminary I 1AA approval of the improvements; or b) notify the Developer in ~,vriting 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 refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. 5 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, it' 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 subdivisions performance security. The Developer's responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. 6 Six (6) months after the execution of this Agreement and once within every six (6) months thereafter the Developer may request the Development Services Director to reduce the dollar amount ofthe subdivision performance security on the basis of work completed. Each request for a reduction in the dollar amount ofthe 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 7 In the event the Developer shall fail or neglect to fulfill its obligations under this Agreement, upon certification of such failure, the County Administrator may call upon the subdivision performance security to secure satisfactory completion, repair and maintenance of the required improvements. The Board shall have the right to construct and maintain, or cause to be constructed or maintained, pursuant to public advertisement and receipt and acceptance of bids, the improvements required herein. The Developer, as principal under the subdivision performance security, shall be. liable to pay and to indemnify the Board, upon completion of such construction, the final total cost to the Board thereof, including, but not limited to, engineering, legal and contingent costs, together with any damages, either direct or consequential, which the Board may sustain on account of the failure of the Developer to fulfill all of the provisions of this Agreement. 8 All of the terms, covenants and conditions herein contained are and shall be binding upon the Developer and the respective successors and assigns of the Developer. IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this /~ day of~W::~.~__~, 1998. Signed, Sealed and Delivered SAWGRASS OF NAPLES, INC. in the presence of: 'c a d Cu o gh, ~resident~/ '~"'--' ' Attest as to Chairman's ATTl~;~.aturo onlj,. BOARD OF COUNTY COMMISSIONERS Dwight E. Brock, Clerk OF COLLIER COUNTY, FLORIDA -'" ' '"/~'/ ' By ~ ,<" Bar-'~'a t~. Berry, C~ Approved as to form and legal sufficiency: ' .' 'L u fi~('id C. ~1 LC<',,{~ Co{Her County' Attorney · . 4 ESTIMATE OF PROBABLE CONSTRUCTION COST SAWGRASS SUBDIVISION QTY uNiT COST CONTRACT f~EMAINING POTA~ WATER l' PVC 1373 LF $10.20 $14.004 50 r HOT TAP ! EA $2,400.00 t2,400 00 FR~ HY0 WI VALV~ 3 EA $I.~0.00 $4.80000 3' CONDUIT 4~O LF t2.60 $1.0~2.00 I~RM ~KMI~E PO~T I EA reDO OD $IOO.00 TOTAL WATER t23o096,$0 DRA~IAG~[ 1S' RCP 714 LK $15.20 tl 1.566 80 11' RCP ~ LF S20.20 $1.333,20 CONTROL STRUCTURE C~C~T~ N~ADWAL[ MITE~D END TOTAL D~AGE S24.6~0 PAVING 1 I/2' ASI~AALT (2 L~TSI A213 SY t4.40 818.537 20 6' 6A~ 4213 SY S4 20 s17.Gg4.60 12' STA~ED S'JBGRA~ 5252 SY 12 60 Il 3.655.20 TY~ A CU~ ~1 LF 16 20 11.~6620 VAL~Y ~ER 2~15 LF 16.20 l; 7.453.~ LAND~A~G 1 LS t ! 2.~.~ t 12,~ ~ t 12.~ ~ ENTRANCE HEADWALL5 1 LS tt4.~.~ 114.~.~ SIGNWG & STRI~NG I LS 81,~.~ tt.2~ ~ TOTAL PAV~G 1102,661 ~0 SANITARY S~W~R I° PVC ~ANITARY S~W~R (6-ll 1435 LF $12.70 $1~.224.50 MANHOL[S 6 IA 11.4~.~ le,4~ ~ 6" ~NITAflY ~TERAL SSI [F 1610 t3.571.20 CLEANOUT$ 15 EA tee.~ t ;, 320.~ TOTAL SANITARY ~R 131.51~.~0 EARTHWORK CLEARJGRUIB 7 AC 11.400.00 I~l. II00.00 EXCAVATE LAKES 14600 CY 13.00 143.1100 OD TOTAL EARTHWORK $~3,600 OD 100% BOND i $17.955.60 10% BOND [ $19.172.41 I1~111 III II I I IIII III IIII III I .... II IIII I I I IIIII I II CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this /~'_ day of ~.,/~'~_~'-- , 1998 between Port Bo~ttffain, LtcL 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 wfith the delivery of this Agreement, applied for the approval by the Board ora certain plat ora subdivision to be know as Bouttain Villctee B. Division 3.2 of the Collier County Land Development Code requires the Developer to post appropriate guarantees for the construction of the improvements required by smd subdivision regulations, said guarantees to be incorporated in a bonded agreement for the construction of the required improvements. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer and the Board do hereby covenant and agree as follows: 1. Developer will cause to be constructed water, sewer, paving, drainage, access, lighting & buffer infrastructure improvements within t~s,els,e (12~ nmntfis from the date of approval said subdivision plat, said improvements hereinafter referred to as the required improvements. 2. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit 'A" and by reference made a part hereof) in the amount of $8~78.00 which amount represents ten percent (I{P,~) of the total contract cost to complete construction plus one hundred I of 4 percent (100%) of the estimate cost of to complete thc required improvements at thc date of this Agreement. 3. In the event of default by the Developer or failure of the Developer to complete such improvements within the time required by the Land Development Code, Collier County, may call upon the subdivision performance security to insure satisfactory completion of the required improvements. 4. The required improvements sh.~ll not be considered complete until a slatcment of subst=nfinl completion by Developer's engineer along w~th the final project records have been furnished to be reviewed and approved by the Development Services Director for compli~ce with the Collier County La~d Development Code. 5 The Development Services Director shall, within sixty. (60) days of receipt of thc statement of substantial completion, either: a) not~fy the Developer ,n writing of his preliminary approval of the improvements, or b) notify the Developer, in ~Tmng, 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 llowever, in no event shall the Development Services Director refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. 6. The Developer shall maintain all required improvements for a minimum period of one (1) year after preliminary approval by the Development Services Director. After the one (I) year maintena,'~ce 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 ten percent (10%) of the subdivision 2 of 4 performance security. The Developer's responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. 7. Six (6) months after the execution of this Agreement and once within every six (6) months thereafter the Developer may request the Development Services Director to reduce the dollar amount of the subdivision performance security on the basis of work completed. Each request for a reduction in the dollar amount of the subdivision perf'ormance 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 reductmon in the amount of the subdivision performance security for the improvements completed as of the date of the request 8. In the event the Developer shall fail or neglect to fulfill its obligations under this Agreement, upon certification of such failure, the County Administrator may call upon the subdivision performance security to secure satisfactory completion, rep:ur and mmntenance of the required iml:)rovements. The Board shall have the right to construct and mmntain, or cause to be constructed or maintained, pursuant to public advertisement and receipt and acceptance of bids. the improvements required herein. The Developer. as principal under the subdivision performance security, shall be liable to pay and to indemnify the Board, upon completion of such construction, the final total cost to the Board thereof, including but not limited to. engineering, legal and contingent costs, together with any damages, either direct or consequential. ~fl'fich the Board may sustain on account of the failure of the Developer to fulfill all of the provisions of this Agreement. 9. All of the terms, covenants and conditions herein contained are and shall be binding upon the Developer and the respective successors and assigns of the Developer. 3 of 4 5 IN WITNESSWHEREOF, ~e Board and ~e Developer~ave caused this Agreementto be executed by ~eir d~y autho6zed representatives ~is ,~ t day of t ,,, , 199g. SIGNED, SEALED AND DELIVERED Port Bougain, Ltd. a Florida Limited Partnership By: Port Bougain, Inc. a Florida Corporation General Partner t?l,/TH~ P~SENCE OF: Mi.~fi//~_~.._~La~dy John White President J. ~ Butler ! ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGIIT E. BROCK, Clerk OF COLLIER COUNTY, FLORIDA Attest as to Chalr~l~'$ · ' Chairman $lgn&ture Approved as for form and legal sufficiency: David C. Weigel Collier County Attomeg, 4 c r4 BARE LICENSE AND USE AGREEMENT This Agreement. is by and between COLLIER COUNTY, FLORIDA. a political subdivision of the State of Florida. ',,,'hose address is 3301 Tamiami Trail East. Naples. Florida, 34112 (hereinafter referred to as "County"} and NORMAN J. TREBILCOCK and MERCEDES L. TREBILCOCK. husband anti wife. ,xhose address is 1168 Lakeshore Place. Naples. Florida 34103 {hereinafter referred to as "Licensee"t. WHEREAS. Tract "A," Westlake Unit One. acco'rding to the plat thereof, recorded in the public records of Collier County, Florida, in Plat Book I0, Page 87 (hereinafter referred to as the "Property"L was thereby dedicated Io the perpetual use of the public; and WHEREAS, Licensee is the owner of Lot I I. Block C. Westlake Unit One. according to the plat thereof, recorded in the public records of Collier r,_'ounly. Florida. in Plat Book 10, Page 87; the rear of which lot abuts the above-referenced Tract "A:" and WHEREAS. Licensee has requested that County grant its permission to allow Licensee to install a fence on the lands depicted in Exhibit "A" ~attached herelo and made a pan hereof by reference}. NOW. 'FttEREFORE. in consideration of TEN DOI.LARS {$10.00} and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, it is hereby agreed as folloxvs: I. County hereby grants and confers upon Licensee a bare license to enter upon thc South I0 feet ofthe East 70 feet of the Property and construct and install and maintain within this area a six ~6~ foot high fence. 2. Licensee shall hold harmless the County. ai~d agents and employees of County. from any and all damage to said fence which might occur during the course of maintaining the Property. 3. Licensee shall also indemnify, save. protect and hold harmless the County against any and all loss. damage, injury, debt or expense claimed or asserted by any person or entity, including attorney fees incurred in defense of any such claims, arising out ot: Licensee's use ofthe Property. 4. County may withdraw this bare license at any time that County concludes Ihat thc fence, or the maintenance thereof, interferes with County's usc of the Property. 5. This Agreement does not. and shall not. be construed to grant permission except vis-a-vis the easement held by thc County by virtue of the above-referenced dedication. 168-2 6. Liccnscc must obtain whatever permission is required from thc subdivision developer and/or the developer's successor in interest with regard to granting Licensee permission to construct and maintain said fence relative to the applicable provisions of thc Declaration of l'rotcctivc Covenants Conditions and Restrictions of Westlake. IN \~C;I~NESS \VHEREOF, the parties have hereunto affixed their signs and seals this //~" day o f~__~_~_,...__ , ! 998. ATTEST: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA s~gnature only. WITNESSES: Approved as to foml and legal sufficiency lhor~s C. Palr~er. Assistant County Attorney LOT 10 C" ~' o_ ...... ~'. ~LOCK " C~B~ E H.,',II EXIStiNG RESIDENCE 8ox ' ~ . WOOD ~ " , FENCE "x~ ,' ~ ~),'. UI5 ,,,'~ P~O //' FOUND ,.;" ~ / ,' ~ PL sr~_'~, y .,., ,, /4' ~ ' " ".. ~ ,/ ~.,r .;;.:,- ,~<~ '-,, x , .,, , ., .~ '~-,.~. ~ ,/(, ~o,,,~ ~,,.,,~ F,/E.~ fi AYE ".-. ~ " '~' _ ~_0_ /I,, ,, ,; /07 / -"/%' '"" ~c~ or e~,~ _ '-~:=:'~--:,r-/ ;" ............ ':::'- ................................. ~ ~'~ ~ / ~r/m~:~u,.,;r .¥, ,, ......... ~ ~~_/ ,' ........ 7 AND ORAIt.b'nr ~ r ~, .::,~-~''-= :~ - , '~ / ~x~-T ~oD F O~ . (O~T ~o~ ~.~~ ;IAI~LE~ iv/h,] FIELD BOO~PAGE '5-2.;1 ~ PS ~-5 ~_~~ ' , . 16B-2 Norman J. Trebilcock 1168 Lakeshore Place Naples, FI 34103 May 9, 1998 Mr. Richard Jiranek, President Westlake Civic Association 1 ! 84 Lakeshore Place Naples. FL 34103 SUBJECT: Letter of No Objection to Construct Fence Wcstlakc [race A, Vicinity of Lot I 1, Block C. PB 10, PG 87, Collier Count)'. FL Dear Mr. Jiranck: lhe purpose of this loner is to request your concuncnce that .',ou do not object to thc construction of approximately 60 If of a 6 ft high fence per the attached Exhibit A. The primar)' purp~v,c of [his ii:ncc is Io enhance securfly within thc '¢,'c,dlakc and '[ v. in [.akcs Neighborhoods In the past .',ear there have been two incidents reported to police where intruders have used a path across the heady, all as a means of illegal access. One was an attempted break into my property less than a month ago. The other was where a suicidal young man (who grew up in the neighborhood) parked in my driveway and tried to evade police on foot by escaping into the T',,,in l.akes Neighborhood The ensuing all night search by Sheriffs Deputies. including canine and hehcvpter tc~uns was ~ er)' disturbing. In addition to being rc:~)nsible for constructing and maintaining thc fence, I propose to eliminate an.',- vegetation along the fence's frontage (i c Nortblk ['mc. Poinciana Tree. and Malleluca Trees) that m~.~ impede the flow' of the existing drainage ditch. I will replant appropriate vegetation I~ e ground cover, sod}. or nprap to stabilize the ditch slopes. I also hold the count> harmless for an? damage tha! ma.,,be caused lo the fence b? coumy cre',,,s maintaining th~ drainage ditch B.,, constructing the f~ncc along the southern bounda~ of Tract A. maintenance crc~,s will have ummpeded access to l'ra~.t A by the two draina~:e easements on my propers? There are no access or maintenance ca~¢ments through Twin Lakes to l' race A, so the construction of the fence v, ill not impede maintena,nce access. Sincerely. Norman ~ock ! do no object to the construction of the fence described above and illuslrated in Exhibit A. Mr~ Richard Jiranek, Pr~,~Sdc~ Westlake Civic Associatio..~ A~rcemen! for Fixed Term Professional Enldneerin~ Services Dated September 26. 1995 (Contract #95-2422) lh~, Wnrk Order ~ for prnfc~,nal enF~neer~ny ~er~ice~ for work kn~*x~n a~ ~Tille} S. R. ~1 12' %~'aler Main ('nn~lructihn.}~_~lnrering & In&pecli.n Nrr~icc~ LRe.asnn ~or Pr~lcCl~ T, upgrad~ water ~crv~c and ~alcr rchah~hl~ lo th~' ~-ulh ( .unl~ area. Thc ~'ork ~ specified In ~he proposal daled May I~. 199X. ~h~h ~ all~hcd beryl. ~nd m~lc a pall of ~h~s Work Order. In accordance x~alh thc 'forms and ('ond~lmn~ ,~f Ibc ..X~rccmcnl referenced above. Work Order = JI:I-F19~-2 ~ a~:~nc'd t. ~ Johnson En~nccrang, Inc. ~Firm Xamc~ S;oD¢ of Work Task I: Prc-('onstruclaon Services Task 2 ('on*tructlon Ohservallon (Nee allached proposal for dc~cr~p;~onl Schedule ~H Work: Complete ~ork ~than .l~ months from recc~pl of thc Notrcc Io Proceed author~zlng star; of work. (:ompen~a on In accordance ~lth ..Xrtlclc I ~e nf thc .&~rccme~H. thc ('*~uql~ s~lll cnmFen~alc thc F~rm ~n accordance ~Hh the q~'?~:~alcd lime and ma~ct~al~, n~t to exceed amount ipd~cat¢d ~ Iht schedule hch,~ ~f a lu~k ~. 11~ anti malcrial. ~,, ,nd~ca:c and u~c ~hc e~tahhshed hnurly raleCgl as enumcr~c~l ~n g~he,h,le ".~" .f ~hc Agrc~menl) ]'ask 1' S 4.000.{)0 (ttnrc &' ma~crlall [ask 2: S g6.00U.00(t~mc & malcr~al) TOTAl. '1'1~11': & .~IATERIAL. NOT TO EX(*EI-:I~ FEE $ o0.000.00 An)' chan,=,c '.,.'HhJn monctar) auth~)rlly of th~, ~¥Ork ¢)rdcr made ,uh~cqucnl [(] I'tnui dcpartmcnt approval will bc considered au add,t~onal ~'r~lc~- and cha:Fcl .~cc~)rd~ng lo Pe,c[.Schah, P~IP. REV[EWE[} I~Y ~ l:,h~ar,] F~n. Inlcr~m W31cr ih~cc~.r .' /)ate A'rTEs'r. 'HOARD (')l ('OI NTY ('()MNIISSIONILRN Dwighl E. IJrock. ('lcrk ~'olher ('ounly. I:lor~da Attes~ ag :~ ~ha Appro~ cd~Rj;~m e,v ac. e un Legal Suff~c~enc~ '~. /A~lslanl ('o~n~y AHornc~ J,~hn~on S~naturc Andre~ D. T~ton~ P.E. Steven K. ~orr~son, President ])pc Namc and Title (or) ~ Christopher D. Ha~an~ P.E. Diana A. Youn~ Print Name Print Name ~cmp~atc I (,K ~) [ ~xcd Term 16B-5 JOHNSON ENGINEERING, INC. FOIST M¥£RS ENGINEERS. SURVEYORS AND NAPLES Pt)~T CHA~LO~E Ma~' 13. ! ~ oo=a[~ ~ ~.~ Mr. Pete Schah. PMP TELEPHO~E ~94~ ~ 434~333 -~L~CO~ :9~, ~3~: Office of Capital Projects M~mgement 33~ i 'l'amiami Trail Naples. Florida 34112 Re; State Road 951 Joint Participation Agrcement- I 'ti~iuc:, Construction ()bscrvation Services Collier County Prt~icct No. 7~g24 t'i xed 'l'em} Agreement {~5- 2422 JFI =25348 I)ear Mr. Schall: This proposal is submitted ils a foiling-up to our rt.'coal conversations rt:garding construclion observation ser~ict:s lbr the .";t:Hc R~,ad (.s.J,:.~ 95I .Ioint Participation Agreement {.IP:\) utilitit:s ,,,`ork. This prop(~sal has N:cn .~ubmiHed to outline the construction observation services you havc rcqucsit:d I() a.,sist Collier Counly in II'~e construction and acer:prance of the u~.llilv lille work ass~,cialed ~,`flh the Florida Department of l'ranspormmm(l-l)() 1'~ lb:ir lane v,~dt:lling of S.R. 05 I. It is :nS understanding Ihat Johns(,n t;ngineeling. Inc. {Jl-l) :,`~li provi,lc construction obsen'atmn sen'ict:s to ,`eril~ thai lhe utililies are bulb iu o,nqmnar, ce wid; the conlract documents. JEI u. ill also be prepared m m.lkc fit:id design revision decisions ns may be necessary. 'I'~, provide these set,` tcc,< ,`,`c ,~l'Ibr the follmving scope of sen'ices :md estimated Ii:es: L Pre-Conwrttction,¥ervice. w (()('I'M) in the review of contractor bids lind sh(,p tlrlm lags..Il.il ,,,.'iii attend thc pre-constructionconferences with (K'PM and t}~c i"lorida l)cpa~ment of 'I'ranspo~ation (FD()TI. thc contractor and thc appropriate pc~itting ~-o~d~';~"~-~.~s agencies. JEI will work ~ith OCPM to dev,:lop observation schedule and STEVE~4';j~'.:~50~, coordinate project staffing. JE[ will prepare alld submit a Florida ......... Department of Environmcnlal Protection {lq)El'} ~ atcrline extension permit CARL A ~O~'.C application for the project. JEI will provide tblh}xv-up co~espondence and JOSEPH ~V EB~.~ complete the FDEP application. JEI will also work with ()CI'M to develop ARCH~E T G~A~t <~NtO~, ~ < [,~,,,,o thc procedure tbr review and processing of pa> requests by thc contractor. ',~. DAVID KEv J~ ¢~, B~ITT POMF~OY ~.. .... , E. stimated PYe: 54,000.00 MARK ~ WE~TZEL JOHNSON EN(;INEERIN¢;. INk.'. Mr. Pete Schalt X I a.~ 13. I g98 Page 'I'v~o H. Construction Oh.~'ervation: JEI x~ill proxidc one Il ) c0nstructitm obscrxati{,n rex icxxcr Ibr each utility line crew thc contractor Jli~s on site. [his ~dll acc~mlnl~datc muhiplc work cre~s and m~fini:tin constrttclion t~bqcrxation of alt critical items. conslruclion obscrvalion ~s ill bc provided bx I' I)~ ~ I ccrfilicd conslmclion obsc~'mion slal'i'. 'Ibis c~msirucimn obncrx'alkm ~si~l h~cludc daily rcporis thai oullinc conslruclion progress ~nd spcc~lic dcxch~pmcnl cncmmlcrcd .11:I will aJ~o ullcnd ~xcckly pr~',m'css mccfin~s ~siih (K'PM a~ld conlraztor rcprcsenlalives on site i I~csc {,bsc;x'ml~n are proposed to match d~o-c prcx'iousl5 prox t,lcd li,~' thc inilial sccti~m of N.R. gSl and ('ount5 Road gSI. Construction t~bscrx:.ititm x~ill include rc~icxv of alternate mcth,,ds and materials in thc licld i,~ mainlain thc contractor's schedule alld ipstlrc ('ollicr ('uunlx rcccix cs a tti~alit} producl. i!!. Raters': I'he preceding eqimatt, d IL.c~, -. fll be billed on ,t time and matcr~d basN. For the pu~oses of this pr,,posa], th.: lblim~ ing rate ~chcdulc ~ iii b,: utilized' '[echnician I 53~ hr. Technician III 53t1 hr. Technician IV 548 hr Technician VI 551 hr. I(nginccr IV SX(~ hr. l'hc rates in this proposal arc disctmntcd and ~,nl~ co~cr thc services listed herein. All additional scr~ ~ccs will usc Ibc rates I?om ~mr existing annnal services agreement. Thoc rates ',~,ill include field lime. of lice time and travel time. Direct costs x~ill be billed v. ith,mt markup, l:ach monthly invoice will be based on ~he time and materials expended with a brief description of the services provided, lhe.,,e Ii.cs arc estimated and will only be exceeded if construction observation services cxlend beyond anticipated. The estimated fees ,,,.'ill only be exceeded upon receipt of v. ritten authorization bx (}¢'I'M. .I1!1 will discontinue services until said authorization is granted. 16B-5 JOHNSON ENGINEERING, INC. Mr. Pete Schalt May 13. lqgP, Page Three I I/. Service. v Not Included: 1. Environmental Services and studies 2. Survcying Se~'iccs 3. Construction lrailcr 4. Pressure Testing Equipment 5. Water Testing Equipment Engineering Design Sen'ices 7. Application 8. NPDI(S Permitting or Monitoring Environmental Impact Monitoring !0. Mitigation Monitoring I I. Density Testing on I;tility Backfill I ~lieve that this proposal provides thc construction obscrvalion services requested for thc teK'rented prt[jcct. Please rcvicxv fl~is carefully and contact me if you have any comments or question regarding this scope and/or thc l~cs outlined herein. It is my understanding that this ~ ill be authorized under our anaual sen'ices agreement as an independent prqject. Upon receipt of your authorization. JEI will proceed with the services outlined above. Thank you tut this opportunity. We I~k forward to working with you on this prQect. Sincerely. lira T~ter Managing Engineer Sieve Miller 1613-7 NORTH COUNTY REGIONAL WASTEWATER TREATMENT PLANT $ MGD EXPANSION AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT This Amendment No. 3 to the Agreement dated May 14, 1996 (hereinafter "AGREEMENT") is made and entered into this J~ day of (~¢o~,,e , 19 ,~'~, by and between the Board of County Commissioners for Collier County. Florida, a political subdivision of the State of Florida and Governing Board of the Collier County Water-Sewer District (hereinafter referred to as the "OWNER") and Hazen & Sawyer, P.C., a New York corporation, authorized to do business in the State of Florida, ~,,hose business address is 2101 Corporate Blvd., Boca Raton, Florida 33431 (hereinafter referred to as the "CONSULTANT"). WITNESSETH WHEREAS, OWNER and CONSULTANT currently have a valid professional services agreement for the provision of professional services for the NORTH COUNTY REGIONAL WASTEWATER TREATMENT PLANT 5 MGD EXPANSION (hereinafter referred to as "PROJECT"), said services more fully described in said AGREEMENT; and WHEREAS, OWNER and CONSULTANT agree some modifications to the services being contemplated under said AGREEMENT are necessary; and WHEREAS, CONSULTANT represents that he has the expertise and the type of professional services that will be required for completion of the project. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, parties agree as follows: 16B-7 ARTICLE ONE 1.1 CONSULTANT shall provide to OWNER professional engineering services in all phases of the project to which this Amendment applies. 1.2 CONSULTANT shall provide professional 'services in addition to those as outlined in said AGREEMENT as noted in Schedule A of this Amendment, as attached hereto. ARTICLE TWO 2.1 OWNER agrees to compensate CONSULTANT for services rendered hereunder as prescribed in Schedule B, entitled "Schedule of Fees For Basic Services (B attachment A) and Schedule of Fees For Additional Services (B attachment C)", as outlined in said AGREEMENT with the modifications to Attachments A and C to said AGREEMENT which are attached hereto and made a part hereof. ARTICLE.THREE 3.1 The schedule for said Project, shall be as shown in the revised Schedule C as attached hereto. ARTICLE FOUR 4.1 The AGREEMENT, as amended, shall remain in full force and effect. IN WITNESS WHEREOF, ths parties hereto have executed this Amendment to Professional Services Agreement for the NORTH COUNTY REGIONAL WASTEWATER TREATMENT PLANT 5 MGD EXPANSION the day and year first written above. ATTEST: (As to Chairman) BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT B y.;..-' ~'~,..-.......... , ->- .... / ' / - _ .:, i-/'_'.", By: , I:~l~t~ E. aroct~, C_,le'rk ' Barb~a B. Ber~/, Ch~a~ as 1;3 Chaf~an,$ Approved as to form and legal sufficiency: / Assistant County Attorney Hazen & Sawyer, P.C. '~~,. C,.~ ay: ' ,, Witness Gary Bors, ~.E~' "' I~resident ,..._., ? . B~ ~lo~. FI. 33431 ' r~. 55~ ~7 81~9 i B-7 May ~4, 1998 Mr. Pete COLLIER COUNTY PUBLIC WORKS OFFICE. OF CAPITAL PROJECTS MANAGEMENT 3301 T~miami T~il East Building ID Naples, Florida 341 !2 NC, RWW'rF ,5-MGD Expansion Dear Mr SchaP,, The purpose of th~s letter i~ to define the scope of proposed Contract Amendmen! No. 3 for the above-referenced project This amendment includes various additions to the Scope of Work for Task A.3 (Final Design) rclated to thc Sludge Dewaterir~ and Sludge Stabihzation Facilities _Ba_c. k q m u n__d The County has elected to remove the exasting Sludge Stabilization Facility from service and sell all related equipment The County will now dispose of all dewatered sludge from both the North and South Regionat WWTF's directly to the County landfill The following items at the Sludge Stabilizahon Facility w~tl be removed by the County apart from the 5-MGD Expansion project: ,, Thermoblendcr, thermofeeder, hme feeder, lime storage silo and appurtenances, pnstcunzaSon vessel, and stabilized sludge discharge conveyor · All metal access stamways and access platforms except (1) thc platform around the dewalered sludge discharge conveyor on thc east outside face of the Dewatedng Building, end (2) the stairway leading from the a~orcmentioned platform to the RDP system platform. · Ali electrical and instrumentation equipment d~rectty related to the Sludge Stabilization STstem. The following items at the Sludge Stabilization Facility W~ll be removed under the 5-MGO Expansion projccl · Live bottom bin. concrete loading ramp to live bottom bin, RDP system serpenbx feed conveyor, and the platform and stairway listed above. 424.3t06~ Mr. Pete Page 2 o~ '~ Additional W~,~ /tern a. O~,~ ~hc bye bottom bin and adjacent sta~aylplatf~nn a~ remove~ under the ~MGD ~pan~fl p~ie~, the C~unty has requested that the availaUe spa~ be utilized to ~ate a '.-~r,ve-through" ~:nf,gurahon for the Count/s d~atered sludge hauling ~ ~is ~II be ~cr~m~l~shed b? uxtending an a~ss road from thc east plant perimeter road to the C.:..va~er, ng E.~ding :ru~ loading area. b. Uuc. n9 the expansion of the Sludge ~watedng prolog, ~t wes antic:Cated that sludge would b~ Fadlity L~nr~g t~,e ~uitd~ng e~ans~on, the point into hachrg t,~c~.s w~ll not be avadable Sin~ the Sludge Stabilization Fa~' l~ken out o~ sea{ce, a tempora~ sludge ~atcrmO Buddi~9 This ~{I require mslallation of a temporR~ cle~l feed to the c. During c,Jr ;¢~it~at meeting w~h ~un~ staff (ca~ Mar~ 1998) to review t~ s~ ~ the Ccunty-requestcd rnodih~l~ons to the Sludge Cou~ ~quesled that the fol~ng addibonal items , Evaluation of the need for a foudh belt press. the fou~h press may be requi~d to add.ss r~uced fce~ soiid~ ~nt~fians a~ belt bindir~9 ~used by heaw grease and s~ge Ioadi~ during the season. · Repl~cemen: of Ibc ezistJn~ de~Jered sludge bell ~nve~ ~lh ~ s~ ~nv~or. A',:hough the betl ~n~cyo~ is fun~ioning s~sf~on~, ~ is ~ou~hJ ~ ope~M~ s%~ff lnat ~ screw conve~r lessens housekeeping , Evaluation of additional s~ conveyo~ ~nd~ar to the pdnopal ~v~ to allow ~o sludge hauling tm~S redu~ down brae ~de one track dines was estimated that this a~angement ~uld ~ve approximately 10 to 15 minutes eve~ four-hour loading ~de. ~d~ our Apdl 27, 1997 meeti~ to mvi~w the ~un~'s ~mments on thc Reuse Pump Stahon Modifi~bans, the a~ve m~fi~tions were dis~ssed Io final~e the ~ of additional wo~ The foflo~ng was d~ided: · A fouflh press and appu~enan~s ~uld ~st appm~mately ~,~ to $700.~. It was noted that a se~nd gmw~ thi~ener to be add~ under ~is ~j~ ~uld ,reprove solids feed concentrations. Sin~ the heaw grease and ~ptage pm~ms only became sign~nt during Feb~a~ 1998, ,t was agreed that install~n of a foudh press would be premature and should be defe~ed until a~er t~ se~nd gmvi~ thickener and third belt press are ~nstalled under the ~MGD ~ans~on proj~ MAY 14 'gO 14: I 1 FROM HAZEH SAblYER-t3OCA PAGE.I~4 A ND SA' 'f m 1 Mr. Pete ,S~a/~ May f4, 1~98 p~ 3 of 4 · 8in~ the existing belt press bet~ ~flv~or is opera,rig ~tisfa~od~, and hs ~moval and repla~ment ~ a n~ s~ ~nveyo~ ~uld ~st appmxima~e~ $1~.~0 to $150,000. it was aged that ~e existing bel~ ~nveyor ~am in pla~. H~ver. the Coun~ requested that the n~ belt press dilate ~nv~or to be i~talled ~h pro~sed Belt Press No. 3 ~ ~anged from a ~it ~nv~r to a s~ ~nv~or. As s~. the Coun~ ~11 be able ~o evatu~te ~ and s~ ~nv~o~ in 'si~by-side" ~ffo~an~. · It was dealed ~hat the ~st of t~nsve~e ~nve~ was ~t jus~fi~ ~ ~e mlM~ small Ems savings dudng ~anging of ~ing ~. Therefore, the on~ design m~ifi~ion msul~ng ~m Aero '~ is to ~ange the e~s~ng bell ~veyor from pmpos~ Be, Press No. 3 to a ~ conv~or. The ~a~es in 'a', 'b" and "c" ~tl ~u~m three n~ dvil dra~ngs ~nd m~fi~ons to 13 ~1/ ~ani~l d~wings and 3 ~o 4 ete~ d~ings ~e ~d~ional ~ ~11 also ~ in~t~ into the ~n~ spe~fi~tions and 1he eng~ee~s final ~ns~on ~st estimate Add~bonal Wo~ I~m No. 2 ~der ~nt~ 1 of Ihs NR~F ~MGD ~pansion p~, the pmj~ s~ ~ll~ for a buildi~ ~osum to be ~ns~ around Ihs e~stmg Slu~e Stabilization Fad~s equ~ent and sl~ge storage areas It was ~tef dete~ined that ~he ~un~ h~ limA~ budget to imp~ment the total design in that yea~s fis~l budget.. In ~er to prepare ~e plans and s~tions so that the pmje~ ~uld ~ bid ~thin the ~n~s budge~ ~nst~ints, ~ ~n~ d~men~ ~re presented ~th a base bid desert ~ ~r bM ~Remate designs. ~ the in,iai design, e~e~ed to include appm~male~ 10 d~s and a simp~ s~ of s~ons, grow into a set of app~x, mate~ 30 d~ngs and a mo~ ~nv~ set of s~fi~ons (pa~i~la~ the bid s~ule). A~oflal Wo~ Item No. 3 Fol~ t~ bid o~ning, ~ntm~ 1 for ~e Sludge St~bll~fi~ Fadli~ Building En~s~ ~n~led. ~e 90 pe~nt ~n~ra~ d~menls for ~n~ 2 of Ihs ~MGD ~nsi~ ~ prepared on the assumption that the impmwmen~ designed under ~nt~ 1 ~ld ~ an · e~sti~' ~ndi~on for the ~ntra~ 2 ~nst~,on. ~e elimination of ~ntra~ 1 ~uses ~e folto~ng impa~s to ~ntra~ 2 contrad d~ments: · ~jor ~anges ~o 14 ~vd dryings (paving. g~ding, ya~ p;ping) · ~anges to 4 me~ani~l dr~ngs at the ~atefing Bui~ing · Revisions to 10 ele~n~l ~nd 4 HVAG dra~ngs Additional costs for A~ditional Wo~ Items 1 through 3 are summanzed on ~ a,a~ed Table ~1. A~ch~ are ~pies of S~edule B - A~a~ments A (S~edule of Fees f~ Basic Se~s) and C (S~edule of Fees for Additional Se~i~s), ~i~ have been u~at~ to i~ude ~he fees listed above. Also atta~ed is 8~edule C - P~je~ ~ule, ~i~ has b~n u~at~ to inco~orate Contra~ Amendment No, 3. Based on r~ipt of a pu~hase o~er for 4243L066 16B-7 M~y 14, ~ 4 of 4 amendment by June 8. 1998, the revmed date of adve~isement of the 5-M~D ~p~nsion pmj~ for bidding is Ju~ 26. 1998 We ~11 common~ ~h the design wo~ upon recei~ of ~ put.se o~er for ~ntra~ Amcndment No. 3. If ~u h~v~ any questions or rcqu~m addilionai info.arian, plc3se do nat hesitate ~o ~11 me. Very lruly yours, HA,ZEN AND SAWYER, P.C. Kurt A. Pfeifer, P.E. Project Manager c: Gary Bors Albert Muniz Bob Burbdnk File 4243 - 1.2 42431066 C~UE, cou.-n' '1.. fo r¢ - ? N,wwrr ~-MG~ EX~'^NS,ON co.'r,^c'r ^MEN~,~E.'r NO. 3 TABLE CA3-1 SUMMARY OF ENGINEERING FEES _Ad ditio 0_a..J ~ Des.cri_~tion (;;o.~t I Dewaten'ng Truck Drfve-Thrc~gh/Belt Press Screw Conveyor Coordination and review meebng$ $2,960.00 Revisions to 13 civil and mechanical drawings $15,620.00 Three (3) new drawings lot demolition and conveyor change $18,270.00 Revise and coordinate specitications $3,320.00 Revise En.qineer's construction cost estimate $1,280.00 Consultant's 10 percent markup $t,145.00 Subtotal ,$45,595.00 2 Contract I B¢d Alternates Additiotn of or rr~)difications ~o 8 structural arid archdect, drawinCjs Addition of 9 ele~rical and HVAC drawings $9,000.00 Addition of 6 civil drawings $6,000.00 Consultant's ~;0 percent markup $2,300.00 Sublotal S25,300.00 3 Impact of Contract 7 CancelatYon on Contract 2 Design RevLs;ons to 14 civil drawings $7,000.00 Revisions to 4 mechanical drawings $2,000.00 HevLsions lo 10 electricaJ drawings and 4 HVAC drawings $7,000.00 Consutlant's 10 percent markup $1.600.00 Subtotal Sl 7,600.00 TOTAL ,~8,495.00 S/14VgBC,~:G Pagn I 16B-? 0(~ ]6B-7 16B-? 03 /,~- - Date: June 17 1998 ~ To: Marla Ramsey, Director Parks and Recreation Department From: Ellie Hoffman, Deputy Clerk Minutes & Records Department Re: Addendum IV to Conceptual Approval Agreement Between Collier County and the Florida Con%~aunities Trust (FCT) Relative to Sugden Park Enclosed please find two original documents as referenced above, Agenda Item #16C!, approved by the Board of County Commissioners on June 16, 1998. Kindly forward the agreements to the FCT for the required signature and return one fully executed original to Minutes and Records. If you should have any questions, please contact me at: (8406). Thank you. Enclosures CONTRACT # 96-CT-2S-95-56-A I-017 FLORIDA COMMUNITIES TRUST AWARD//95-017-P56 ADDENDU/~I IV TO CONCEPTUAL APPROVAL AGREEMENT THIS ADDENDUM IV to the Conceptual Approval Agreement is entered into by and between the FLORIDA COMMUNITIES TRUST ("FCT"), a nonregulatory agency within the State of Florida Departmentr~f Community Affairs, and COLLIER COUNTY ("FCT . _ _--_ 998. Recipient ), this,ff_.~, day of.~x~j...n ,, , 1 WHEREAS, the parties hereto entered into a Conceptual Approval Agreement which sets forth the conditions of conceptual approval that must be satisfied by FCT Recipient prior to the receipt of the FCT Preservation 2000 award and the restrictions that are imposed on the Project Site subsequent to its acquisition with the FCT Preservation 2000 award; WHEREAS, the initial term of the Conceptual Approval Agreement expired November 8, 1996; WHEREAS, the Conceptual Approval Agreement was amended by ADDENDUM I to expire May 8, 1997, by ADDENDUM Il to expire November 8, 1997, and by ADDENDUM III to expire May 8, 1998; WHEREAS, the FCT Recipient in accordance with GENERAL CONDITIONS paragraph 3of the Conceptual Approval Agreement and in compliance with Rule 9K- 4.010(2)(k), F.A.C., has timely submitted to FCT a written request for extension of the May 8, 1998, deadline; WHEREAS, the FCT Recipient has requested that the FCT governing body amend the Conceptual Approval Agreement from a $854,210.00 award to a $881,374.00 award and the FCT governing body approved this request on May 18, 1998; WHEREAS, GENERAL CONDITIONS paragraph 14 of the Conceptual Approval Agreement states that the agreement may be amended at any time prior to'FCT giving final project plan approval to the FCT Recipient. Any agreement must be set forth in a written instrument and agreed to by both the FCT Recipient and FCT; WHEREAS, the parties hereto desire to extend the term of the Conceptual Approval Agreement as provided by Rule 9K-4.010(2)(k), F.A.C.; and WHEREAS the parties hereto desire to amend the Conceptual Approval Agreement to increase the amount of' the award; ADDIV~95-017-P56 5/18/98 NOW THEREFORE, the FCT and FCT RECIPIENT mutually a_m'ee as follows: 1. Section 1.7. is hereby replaced, revised and superseded by the following: 7. The FCT Preservation 2000 award granted to the FCT Recipient will in no event exceed the lesser of FORTY percent (40%) of the final total project costs, as defined in Rule 9K-4.002(31), F.A.C., or EIGHT HUNDRED EIGHTY-ONE THOUSAND THREE HUNDRED SEVENTY-FOUR and 00/100 Dollars ($881,374.00), unless the FCT Governing Body approves a greater amount pursuant to Rule 9K-4.01 l(2)(a), F.A.C. 2. Notwithstanding the language of Section I. GENERAL CONDITIONS, paragraph 3. and paragraph 14, the parties hereby agree to revive it nunc pro tunc as though it had not lapsed in accordance with paragraph 3. 3. In every respe~ this amendment is to be conslTued and applied as thoug, h the parties had both si~ed it before May 8, 1998. 4. The Conceptual Approval Agreement by and between FCT and FCT Recipient is hereby extended a time sufficient to complete the reimbursement. 5. The date of execution of this addendum shall be the date that the last party signs this addendum. THIS ADDENDUM IV TO CONCEPTUAL APPROVAL AGKEEN'[ENT, ADDENDUM III, ADDENDUM II, ADDENDUM I, the CONCEPTUAL APPROVAL AGREEMENT and its Exhibits "A", "B", and "C" embody the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have duly executed this ADDENDUM IV TO CONCEPTb'AL APPROVAL AGKEEMENT. BOARD OF COUNTY C'O{'t~ISSTONF_a:US FLORIDA CONFI'vfU~TTIES TRUST COLLIER COUNTY, FLORIDA .' Ba?~/:a.,g.' a~rry,N, ChazW~man-~ James F. Murley, Chair ~ttest 'as .to. Ch~Ir~n'$ A'I'I'ES~ n n a f ~ ,.,.i ~..,~- DWIGHT Igi' BROCKi b'LERK, Date: - By: Accepted as to Form and Legal ' '/ Deputy" L~I~ ' ~ Sufficiency': Ann J. Wild, Irust Counsel Approv'o:i"as to forra and Date: legal sufficiency: 1 Assistant County Attorney 2 ADDIV/95-O17-P56 5/18/98 ,'. ;' 2340030 OR: 2435 PG: 2879 This instrument prepared by: Ann J. Wild Department of Co,unity Affairs 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 CONTRACT # 96-CT-2S-95_56_al_017 FLORIDA COMMUNITIES TRUST P56 AWARD# 95-017-~56 GRANT AWARD AGREEMENT THIS AGREEMENT is entered into this 2~_~day of 5::,,?,.~ , 1998, by and between the FLORIDA COMMUNITIES TR~ST ("r'C--T") , a nonregulatory agency within the State of Florida Department of Community Affairs, and the COLLIER COUNTY ("FCT Recipient,,), in order to impose terms, conditions, and restrictions on the use of the proceeds of certain bonds, hereinafter described, and the lands acquired with such proceeds and as described in Exhibit "A" attached hereto and made a part hereof ("Project Site"), as shall be necessary to ensure compliance with applicable Florida Law and federal income tax law and to otherwise implement provisions of Chapters 253, 259, and 380, Florida Statutes. WHEREAS, Part III Chapter 380, Florida Statutes, the Florida Communities Trust Act, creates a nonregulatory agency within the Department of Community Affairs, which will assist local governments in bringing into compliance and implementing the conservation, recreation and open space, and coastal elements of their comprehensive plans and in otherwise conserving natural resources and resolving land use conflicts by providing financial assistance to local governments to carry out projects and activities authorized by the Florida Communities Trust Act; WHEREAS, Section 259.101(3) (c), Florida Statutes, provides for the distribution of ten percent (10%) of the net Preservation 2000 Revenue Bond proceeds to the Department of Community Affairs to provide land acquisition grants and loans to local governments through the FCT; WHEREAS, the Governor and Cabinet authorized the sale and issuance of State of Florida Department of Natural Resources Preservation 2000 Revenue Bonds ("Bonds,,); WHEREAS, the Bonds were issued as tax-exempt bonds, meaning that the interest on the Bonds is excluded from the gross income of Bondholders for federal income tax purposes; GAAX95-017-P56 5/18/98 1 · · OR' 2 2 80 " ~ · o ~dJ , ~. 160 WHEREAS, Rule 9K-4.010(2)(e), F.A.C., authorizes FCT to impose conditions for funding on those FCT applicants whose projects have been selected for funding in accordance with Rule Chapter 9K-4 F.A.C.; ' WHEREAS, the FCT has approved the terms under which the Project Site was acquired and the FCT Recipient has acquired title to the Project Site and the Project Site shall be subject to such covenants and restrictions as are sufficient to ensure that the use of the Project Site at all times complies with Sectlon 375.051, Florida Statutes and Section 9, Article XII of the State Constitution and such covenants and restrictions shall contain clauses providing for the conveyance of title to the Project Site to the Board of Trustees of the Internal Improvement Trust Fund upon the failure of the FCT Recipient to use the Project Site acquired thereby for such purposes; and WHEREAS, such covenants and restrictions shall be imposed by an agreement which shall describe with particularity the real property which is subject to the agreement and shall be recorded in the county in which the real property is located; and WHEREAS, the purpose of this Agreement is to set forth the covenants and restrictions that are imposed on the Project Site subsequent to its acquisition with FCT Preservation 2000 Bond Proceeds. NOW THEREFORE, in consideration of the mutual covenants and undertakings set forth herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, FCT and FCT Recipient do hereby contract and agree as follows: I. GENERAL CONDITIONS. 1. Upon execution and delivery by the parties hereto, the FCT Recipient shall cause this Agreement to be recorded and filed in the official public records of Collier County, Florida, and in such manner and in such other places as FCT may reasonably request, and shall pay all fees and charges incurred in connection therewith. 2. The FCT Recipient and FCT agree that the State of Florida Department of Environmental Protection will forward this Agreement to Department of Environmental Protection Bond Counsel for review. In the event Bond Counsel opines that an amendment is required to this Agreement so that the tax exempt status of the Preservation 2000 Revenue Bonds is not jeopardized, FCT and FCT Recipient shall amend the Agreement accordingly. GA~X95-017-P56 5/18/98 2 .., .. PO: 288 3. This Agreement may be amended at any time. Any amendment must be set forth in a written instrument and agreed to by both the FCT Recipient and FCT. 4. This Agreement and the covenants and restrictions cpn~piped here~n shall run with the Property herein described and sna±l hind, and the benefits shall inure to, respectively, the FCT and the FCT Recipient and their respective successors and assigns. 5. This Agreement shall be governed by and donstrued in accordance with the laws of the State of Florida, with respect to both substantive rights and with respect to procedures and remedies. 6. Any notice required to be given hereunder shall be given by personal delivery, by registered mail or by registered expedited service at the addresses specified below or at such other addresses as may be specified in writing by the parties hereto, and any such notice shall be deemed received on the date of delivery if by personal delivery or expedited delivery service or upon actual receipt if sent by registered mail. ' FCT: Florida Communities Trust Department of Community Affairs 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 ATTN: Executive Director FCT Recipient: Collier County Parks & Recreation Dept. ~300 Santa Barbara Blvd. Naples, F1Qrida 34116 ATTN: Marla Ramsey, Director 7. If any provision of the Agreement shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. II. PROJECT SITE REQUIREMENTS IMPOSED BY CHAPTER 259, CHAPTER 375, AND CHAPTER 380, PART III, FLORIDA STATUTES. 1. If any essential term or condition of this grant agreement is violated by the FCT Recipient or by some third party with the knowledge of the FCT Recipient and the FCT Recipient does not correct the violation within 30 days of notice of the violation, fee simple title to all interest in the Project Site shall be conveyed to the Board of Trustees of the Internal Improvement Trust Fund. The FCT shall treat such property in accordance with Section 380.508(4) (e), Florida Statutes. GAAk95-017-P56 5/18/98 3 .... OR: 2435 PG: 2882 160 1 2. Any transffer o~ the Project Site shall be subject to the approval of FCT and FCT shall enter into a new agreement with the transferee, containing such covenants, clauses, or other restrictions as are sufficient to protect the interest of the people of Florida. 3. The interest, if any, acquired by the FCT Recipient in the Project Site will not serve as security for any debt of the FCT Recipient unless FCT approves the transaction. 4. If the existence of the FCT Recipient terminates for any reason, title to all interest in the Project Site it has acquired with the FCT award shall be conveyed to the Board of Trustees of the Internal Improvement Trust Fund, unless FCT negotiates an agreement with another local government or nonprofit organization which agrees to accept title to all interest in and to manage the Project Site. 5. In the event that the Project Site is damaged or destroyed or title to the Project Site, or any part thereof, is taken by any governmental body through the exercise or the threat of the exercise of the power of eminent domain, the FCT Recipient shall deposit with the FCT any insurance proceeds or any condemnation award, and shall promptly commence to rebuild, replace, repair or restore the Project Site in such manner as is consistent with the Agreement. The FCT shall make any such insurance proceeds or condemnation award moneys available to provide funds for such restoration work. In the event that the FCT Recipient fails to commence or to complete the rebuilding, repair, replacement or restoration of the Project Site after notice from the FCT, the FCT shall have the right, in addition to any other remedies at law or in equity, to repair, rastore, rebuild or replace the Project Site so as to prevent the occurrence of a default hereunder. Notwithstanding any of the foregoing, FCT will have the right to seek specific performance of any of the covenants and restrictions of this Agreement concerning the construction and operation of the Project Site. III. PROJECT SITE OBLIGATIONS IMPOSED BY FCT ON THE FCT RECIPIENT. 1. The Project Site shall be managed only for the conservation, protection and enhancement of natural and historical resources and for resource-based public outdoor recreation which is compatible with the conservation, protection and enhancement of the Project Site, along with other related uses necessary for the accomplishment of this purpose. The proposed uses for the Project Site are specifically designated in the Project Plan as approved by FCT. GAA~95-017-P56 5/~s/gs ~ " " OR: 2435 PG: 2883 2. The FCT Recipient shall prepare and submit to FCT an annual report as required by Rule 9K-4.013, F.A.C. 3. The FCT Recipient shall ensure that the future land use designation assigned to the Project Site is for a category dedicated to open space, conservation, or outdoor recreation uses as appropriate. If an amendment to the FCT Recipient,s comprehensive plan is required to comply with this paragraph, the amendment shall be proposed at the next comprehensive plan amendment cycle available to the FCT Recipient. 4. FCT Recipient shall ensure, and provide evidence thereof to FCT, that all activities under this Agreement comply with all applicable local, state, regional and federal laws and regulations, including zoning ordinances and the adopted and approved comprehensive plan for the jurisdiction as applicable. Evidence shall be provided to FCT that all required licenses and permits have been obtained prior to the commencement of any construction. 5. The FCT Recipient shall, through its agents and employees, prevent the unauthorized use of the Project Site or any use thereof not in conformity with the FCT approved project plan. 6. FCT staff or its duly authorized representatives shall have the right at any time to inspect the Project Site and the operations of the FCT Recipient at the Project Site. 7. All buildings, structures, improvements, and signs shall require the prior written approval of FCT as to purpose. Further, tree removal, other than non-native species, and/or major land alterations shall require the written approval of FCT. The approvals required from FCT shall not be unreasonably with-held by FCT upon sufficient demonstration that the proposed structures, buildings, improvements, signs, vegetation removal or land alterations will not adversely impact the natural resources of the Project Site. The approval by FCT of the FCT Recipient,s management plan addressing the items mentioned herein shall be considered written approval from FCT. 8. If archaeological and historic sites are located on the Project Site, the FCT Recipient shall comply with Chapter 267. Florida Statutes. The collection of artifacts from the Projec~ Site or the disturbance of archaeological and historic sites on the Project Site will be prohibited unless prior written authorization has been obtained from the Department of State, Division of Historical Resources. 9. The FCT Recipient shall ensure that the Project Site is identified as being publicly owned and operated as a passive, natural resource-based public outdoor recreational site in all signs, literature and advertising regarding the Project Site. The GAA~95-017-P56 5/~8/9s 5 " OR: 2435 PG: 2884 160 FCT Recipient shall erect a sign(s) identifying the Project Site as being open to the public and as having been purchased with funds from FCT and FCT Recipient. IV. OBLIGATIONS INCURRED BY FCT RECIPIENT AS A RESULT OF BOND PROCEEDS BEING UTILIZED TO PURCHASE THE PROJECT SITE. 1. If the Project Site is to remain subject, after its acquisition by the State and the FCT Recipient, to any of the below listed activities or interests, the FCT Recipient shall provide at least 60 days written notice of any such activity or interest to FCT prior to the activity taking place, and shall provide to FCT such information with respect thereto as FCT reasonably requests in order to evaluate the legal and tax con- sequences of such activity or interest: a. any lease of any interest in the Project Site to a non-governmental person or organization; b. the operation of any concession on the Project Site to a non-governmental person or organization; c. any sales contract or option to buy things attached to the Project Site to be severed from the Project Site, with a non-governmental person or organization; d. any use of the Project Site by non-governmental persons other than in such person's capacity as a member of the general public; e. a management contract of the Project Site with a non-governmental person or organization; and f. such other activity or interest as may be specified from time to time in writing by FCT to the FCT Recipient. 2. FCT Recipient agrees and acknowledges that the following transaction, events, and circumstances may not be permitted on the Project Site as they may have negative legal and tax consequences under Florida law and federal income tax law: a. a sale of the Project Site or a lease of the Project Site to a non-governmental person or organization; b. the operation of a concession on the Project Site by a non-governmental person or organization; c. a sale of things attached to the Project Site to be severed from the Project Site to a non-governmental person or organization; GAA~95-017-P56 5/18/98 6 2435 PG 288. 160 d. any change in th~ character or use off the Project $it~ ffrom tha~ use expe¢2ed a~ ~he date off the issuance off series of bonds from which the disbursement is to be made; e. any use of the Project Site by non-governmental persons other than in such person's capacity as a member of the general public; f. a management contract of the Project Site with a non-governmental person or organization; and g. such other activity or interest as may be specified from time to time in writing by FCT to the FCT Recipient. DELEGATIONS AND CONTRACTUAL ARRANGEMENTS BETWEEN THE FCT RECIPIENT ~4D OTHER GOVERNMENTAL BODIES, NOT FOR PROFIT ENTITIES, OR NON GOVERNMENTAL PERSONS FOR USE OR MA2~AGEMENT OF THE PROJECT SITE WILL IN NO WAY RELIEVE THE FCT RECIPIENT OF THE RESPONSIBILITY TO ENSURE THAT THE CONDITIONS IMPOSED HEREIN ON THE PROJECT SITE AS A RESULT OF UTILIZING BOND PROCEEDS TO ACQUIRE THE PROJECT SITE ARE FULLY COMPLIED WITH BY THE CONTRACTING PARTY. V. CONDITION~ PARTICULAR TO T~E PROJECT SITE THAT MUST BE ADDREBBED IN THE MANAGEM~ENT PI2%N 1. Outdoor recreational facilities includin ~oar~walks, and interpretive dis~la,,s sha~ - g nature trails, ' ~ ~ ~± De provided. The ~acllities shall be developed in a manner that allows the general public reasonable access for observation and appreciation of the ~~e~Sources on the Project Site without causing harm to those 2. The FCT Recipient shall provide educational programs at the Project Site. The programs shall include interpretive tours of the park by the park ranger to further enhance the public understanding of the parks natural resources. These programs will be conducted on a regularly scheduled and continuing basis. 3. The FCT Recipient shall provide an organized recreational program directed toward the participation of at-risk-youth as described in the grant application. The program shall be offered on a continuing basis at the Project Site focusing on the mitigation of juvenile crime through {he provision of recreational opportunities. 4. The FCT Recipient shall ensure that the Project Site is managed in a manner that will protect and enhance the listed and non-listed native wildlife species and their hab° ~c~pient shall coordinate with the Fine,a= ~ _ ~tgt. ~he FCT rlSh Commission to ensure th ....... -ii .... ~am,e and Fresh Water and non-listed n=+; ..... . .= w~=~er~, a=lon_anG viability of listed ..... wildlife species and their habitat. GAA~95-017-P56 5/18/98 7 5. The water quality of Lake Avalon shall be protected. A stormwater management plan shall be developed and implemented for the Project Site that protects the water quality of the lake and addresses the impact of off-site runoff. The FCT Recipient shall coordinate with the South Florida Water Management District in the design of the stormwater plan. 6. The FCT Recipient shall create a littoral zone along the shoreline of the lake to provide additional wildlife habitat and improve surface water quality. 7. The FCT Recipient shall restore approximately 15.75 acres of disturbed upland to a native vegetative community in terms of biological composition and ecological function. 8. Invasive exotic vegetation that occurs on the Project Site shall be eradicated. The FCT Recipient shall reference the Exotic Pest Plant Council,s List of Florida,s Most Invasive Species to assist in identifying invasive exotics on the Project Site. 9. The FCT Recipient shall investigate the need for the development of a feral cat removal program for the Project Site. 10. The parking area shall use perwious material to the extent possible. 11. Provide bike paths to the site and bike parking stands at the site to provide an alternative to automobile transportation to the Project Site. 12. The requirements imposed by other grant program funds that may be sought by the FCT Recipient for activities associated with the Project Site shall not conflict with the terms and conditions of the FCT award. THIS GR~T AWARD AGREEMENT embodies the entire Agreement between the parties. GAA~95-017-P56 5/lS/gs 8 OR: 2435 PG: 2887 16C 1 IN' WITNESS %'TIEREOF, the parties hereto have dui3.' executed this Agreement. .... ATTEST: BOARD OF COUNTY COMMISSIONERS · DW/GHT E. BROCK, CLERK COLLIER COUNTY, FLOR/DA ~" -" .... ' By: " Deputy Clerk"' /- ,,,.- - · c, ? ~t~rb~i B. gerry~ Approved as to form and legal sufficiency: Thomas C. Palmer Assistant County Attorney , ., OR: 2 35 PO: 2888 FLORIDA COMMUNITIES TRUST Witness Name: -' James F~ur ~- . > ./ ./' ~-- .. · ~ '~/' Acce~ted as to ~ga~ Yo~ an~ Ann ~. ~d, ~'.~ust Counse~ STATE OF FLORIDA COUNTY OF LEON The.~foregoing instrument was acknowledged before me this day of , ~ - - _ ::~.~-c. , 199~, by JAMES F. MTJRLEY, as Chair of the FloridadCommunities Trust. ~e is personally known to me. .'~ '.' ". :~:,~:~ "' :.:.,,'.i ,./z.~_~,_: ,4! . ,._~_~.: "~ ' - ' ' ~otary Public !'" :'~l :' V'"'v'~':":""::'; :,].:. ,,:i:.,,:? ;. ::.'-:; :,:~ Print Name: ::'"::': """'::'":"'""":'";' Co~nission No, My Commission Expires: GAAX95-017-P56 5/18/98 10 OR: 2435 PG: 2889 · EXHZSZT "A- Descrlp:lon of par: of the South 1/2 of SectiOn 13, Town,hip $O South, Renge 25 East, Coil/er P1orlde[ ~nd par~ o~ ~lock~ 3, 4 $ · . _ County, of the public records of ~olller County, Ouch ~, uO~ter County, churlS° 4long I 3 { d.~o~bo~ c Y g ic~d Plat ~hvncv lveVlnv ~h ' mter& huv~ n°n"~n I P~c~ O;tho~l ~ 10 gu~; 2 I hLch boa=o thunc- ~-"~¥1 - -*nv 9{ OU~O~ n.~_' PO&~: 0 ~n e_ -hL:h b ngiv L.~ .eco~/ ~ded L. Pl~t Book E×H!81T "A" (~ont'd.) .... '~ o to t~e nm~hve~t ~__,__ _~c,or a Lot ~, ~Outh 8p'~O,~;, WOS~ I;0.0~ ~outh 1~0,00 ~vvt thi~l=u ~lon9 tho O~t %in° O~ ~id Lot 7 ond alon~ tho mou~horly o~tnnnlon o{ m~ld ~ 8outh ~9 40'52 ....... o~ th~ north 20.00 (o ..... ' t line O~ ~i l~ n ,._ ~n ,~h~ northvri ax ~n~ion w~c, 3t.q$ {out n ~ n~/~'~vh~h bu~r~ South ' 0 O h O~tv ton of tho eomt l[no a! ~oLd in. o{ mold LoC 9, ~Outh O'tJ ~old hot )l lO, 4nd ti o( ,~d ulock ). 8ou~h 0~'(0'5~.. Wo~ 350,00 :lie vv3~ line o ~oid O[Ock 3I chancy alun9 thy wemt L/no o: ~uv~ ~o tho no¢th. ],..~.. ~"~ ~mR or~ o: a c~rc · u~on~od by ^ ~--~' UT'~n~ ~ r~OLU~ O: l~nu ~, .u~or curve , 29,23 · , orty ~xtonkt~n o~ Welt 3t 0 t3'O8 ~,~ ~/u.~t ~o~; tO ~h~ ~Outh Block {. ~Ou~h ~honcu ~lonq ~h, s~uth I ( to~ 5 ~nd 6 o~ goid O ~oid L~ 6l [eel to th~ mo,,-~ ..... lnck · ~ wv~ ~ ~ no~horly uxtvns [ ~d Lot 5 O'I3'OB., }, ..... ~nn o( ~u v~st l/n- -- a~ ~long the ~hon ..... ~ ~,~O l~utl - u~ V~l~ Lot ~, Dinah =4}~U~ Y"¥ nu;~no;iy eX~ ..... Unit )t~, {2 ~hence Ol~ng the ~oU~ll Il o~ Lo~l Z~ ~nd t5 og ~oid ~lock 40r5~' W~m~ 200,QO (~9~ ~0 ~he ~Ou~hvemt corne~ oaLd bo~ ~I thonco a~ong tho ~oa~ llne ag ~Ct :5 ~nd 14 og ~aid Blo~k ... of Loc.16 on tho ~xcen~lon o~ the eA~c lin~' of Bloc 7 Xv~lon ~tez Un[~ Ilo, l; . ~ vt chr)oCe aio~ C]I~ no~her~ Olnck 7 and ~i Y ox~en~l~n b( tho 6 , on9 the e~m~ ll~ o~ l~no o.~ ) , ~outh 0 I ' , 00~ oaid ~ Lu~ 1~ Og ,,~ 08__~ ~40,~ ~eet luck.~ Lot lO throu Chencv i]~%*~~v~k ;I CO the ~mu~e~t oak 7, bolnq ~ port og the ~ouch i/2 o~ ~oo~lo~ 13, Town,hi ' Ranga 25 ~o~c~ Co~IIn~ eau ~9~ being nil of ,. .... ~t~, Tlo~lda; p 50 South, u~'ock 3, ond bo/ng ell o( ~v~. / o~M B~ u~t O~ LO~ 5, 6, containing [1~,24 .... v.. uC ~ecO:dl -, P~9o 59, bg//l~ HOKCh 8~'~7~4, gnmt, WTLSOfl, }{TLLI{R, ~AIl'rO)l, ~OZ, b A PBCX, nog, Cngine~i And Land 13 2 OP,: 2435 PG: 2892 lac 'GULFCOAST SKIMIMER'S LEASEIIOLD AREA COMMENCING AT 'Fl tE .SOUTI [\t,q~ST CORNER OF LOT 12, OF TI IE PLAT TI IEREOF, GUILFORD ACRES AS RECORDED IN PLAT BOOK 3, PAGE 59, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; TItENCE NORTtt 89 DEGREES 5'/MINUTES 34 SECONDS EAST ALONG "FIFE SOUTH LINE OF SAID LOT 12, A DISTANCE OF 81.51 FEET; TIFENCE SOUTH 0 DEGREES 02 MINUTES 28 SECONDS EAST, A DISTANCE OF 85.80 FEET TO A CIIAIN LINK FENCE AND TIlE TIlE POINT OF BEGINNING; TtlENCE ALONG SAID FENCE TIlE NEXT 4 COURSES SOUTI[ '/2 DEGREES 12 iMINUTES 11 SECONDS EAST, A DISTANCE OF 44.0"/FEET; 'Il IENCE SOUTIt 4 I DEGREES 02 MINUTES 40 SECONDS EAST, A DISTANCE OF 23.54 FEET; TftENCE SOU'HI 10 DEGREES 14 MINUTES 48 SECONDS EAST, A DISTANCE OF 33.39 FEET; TItENCE SOUTtl 18 DEGREES 53 MINUTES 05 SECONDS EAST, A DISTANCE OF 35.31 FEET · TO TIlE TOP OF BANK OF LAKE AVALON; TItENCE ALONG SAID TOP OF BANK TIlE NEXT 12 COURSES SOUTH 45 DEGREES 35 MINUTES 2'7 SECONDS WEST, A DISTANCE OF 33.gB FEET; TIIENCE SOUTII 70 DEGP. EES 23 MINUTES 22 SECONDS WEST, A DISTANCE OF 72.53 FEET; TIIENCE SOUTIt 80 DEGREES 13 MINUTES 51 SECONDS WEST, A DISTANCE OF 64.0g FEET; TItENCE SOUTII 6g DEGRF. ES 14 MINUTES 45 SECONDS WEST, A DISTANCE OF 44.65 FEET; TItENCE SOUTH 62 DEGREES 35 MINUTES 39 SECONDS WE. ST, A DISTANCE OF 59.42 FEET; TIIENCE SOUTtt 5-/DEGREES 52 MINUTES 42 SECONDS WEST, A DISTANCE OF 58.18 FEET; TIIENCE SOUTII .52 DEGREES 46 MINUTES 34 SECONDS WEST, A DISTANCE OF 60.95 · FEET; TItENCE SOUTI[ 41 DEGREES 10 MINUTES 52 SECONDS WEST, A DISTANCE OF 53.95 FEET; TIIENCE SOUTII 35 DEGREES 38 MINUTES 56 SECONDS WEST, A DISTANCE OF 92.5"/ FEEl.'; TttENCE NORTll 62 DEGItEF. S 5O NIlNUTES 31 SECONDS WEST, A DISTANCE OF 54.99 FEET; TItENCE NORTlt 50 DEGREES 59 MINUTES 18 SECONDS WEST, A DISTANCE OF 100.29 FEET; TtlENCE NORTII 61 DEGREES 19 MINUTES 48 SECONDS \VEST, A DISTANCE OF 37.92 FEET TO AFORESAID CIIAIN LINK FENCE; THENCE ALONG SAID FENCE TIlE REMAINING COURSES NORTH 13 DEGREES 5g MINUTES 34 SECONDS EAST, A DISTANCE OF 151.48 FEET TO TIlE POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE TO TIlE SOUTItEAST, ItAVING A RADIUS OF 50.00 FEEl'' AND A CENTRAL ANGLE OF 59 DEGREES 06 MINUTES 42 SECONDS; TIfENCE NORTIIEAST ALONG SAID CURVE, A DISTANCE OF 51.58 FEET; TI tENCE SOUTtI 86 DEGREES 54 MINUTES 44 SECONDS EAST, A DISTANCE OF 35.81 FEET; TI fENCE NOR'I'll '/4 DEGREES 19 MINUTES 21 SECONDS EAST, A DISTANCE OF 19.74 FEET; THENCE NORTII 48 DEGREES 56 MINUTES 51 SECONDS EAST, A DISTANCE OF 41.'/I FEET; TI:IENCE NORTH 64 DEGREES 12 MINUTES 35 SECONDS EAST, A DISTANCE OF 45.55 FEET; TtfENCE NORTII 68 DEGREES 29 MINUTES 46 SECONDS EAST, A DISTANCE OF 49.'72 FEET; TItENCE NORTII 66 DEGREES 23 MINUTES 08 SECONDS EAST, A DISTANCE OF 35.31 FEET; TH'ENCE NORTH 62 DEGREES 55 MINLrTE:S 04 SECONDS EAST, A DISTANCE OF 22.39 FEET; THENCE NOR'Fi[ 63 DEGREES 38 MINUTES 32 SECONDS EAST, A DISTANCE OF 25.19 FEET; TItENCE NORTII ?0 DEGREES 53 MINUTES 27 SECONDS EAST, A DISTANCE OF 43.8,1 FEET,; TIIENCE NORTll 77 DEGREES 44 MINUTES 26 SECONDS EAST, A DISTANCE OF 3,1.16 FEET; TIIENCE NORTII 84 DEGREES 25 MINUTES 00 SECONDS EAST, A DISTANCE OF 42.72 FEET; TtIENCE SOl/I'll 89 DEGREES 3.5 MINUTES ,13 SECONDS EAST, A DISTANCE OF 28.02 FEET TO TI IF. POINT OF BEGINNING; SAID DF. SCRIBED TICACT CONTAINING 2.178 ACP, ES (94,875.4(115 SQUARE FEET), MORE OR LESS. BASIS OF BEARINGS IS 'DIESOLFI'IILINEOFAFORESA}D LOT 12 BEING NORTlI89DI-:GREES 57MINUTF. S 3,1 SECONDS EAST. PARCF_L SUGDR.2 ,. OR: 2 35 PG: 2893 16C 1 Collier County Lake Avalon County Park FCT Project ~95-017-P56 FCT Contract # Date: GRA/~T AWARD CALCULATION TOTAL PROJECT COSTS Land Purchase Price $1,500,000.00 Plus: Option Assigr~ent fee 650,000.00 Less: Lease parcel 39,270.25 (1) Total $2,110,729.75(!) Acquisition Expenses Appraisals $ 20,800.00 Appraisal Review 8,170.61 Title Insurance 8,525.00 Survey 14,940.00 Total Acquisition Expenses $ 52,435.6i(2) Tots! Project Costs ~2,163,165.36 COMPUTATION OF GRA~T AWARD AND LOCAL MATCH AMOUNT FCT Award Conmputation Share of Purchase Price $ 844,291.90 Share cf Acquisition Expenses 20,974.24 Tctal Share of Project Costs $ 865,266.14(3) CO~;TY Share cf Purchase '~ . ~ .... $!,266,437 85 Share cf Acquisitisn Expenses 31,461.37 Total Share of Project Costs $1,297~899.22 Total Project Costs $2,163,165.36 COM~UTATION OF PREPAIDS, REIPiBURS~qENTS ~ ADDITIONAL COSTS FLORIDA COP24U%~ITIES TRUST FCT Prepaid Project Costs Appraisal Review $ 8~170.61 Total Prepaid Costs $ 8,170.61 FCT Amount Due Share of Tcta! Project Costs $ 865,266.14 Less Total Prepaid Costs ., , 8,170.61 Total Amount Due from FCT $ 857,095.53 ............... [1[ [ [] ~ ................. · *** OR: 2435 PG: 2894 16C Collier County Lake Avalon County Park - FCT Project #95-017-P56 FCT Contract ~ Date: Page 2 COLrNTY Coun~f Prepaid Project Costs Land Purchase Price $2,110,729.75(1) Appraisals 20,800.00 Title Insurance 8,525.00 Survey 14,940.00 T~ta! Prepaid Costs $2,154,994.75 County Am~ount Due County Share of Land Purchase Price $1,266,427.85 County Share cf Acquisition Expenses 31,4~!.37 Less County Prepaids 2~ 154,994.75 Total ~o~t Due To County County ~tiona! Costs Kec~rd Gran~ Award Agreement Total A~tiona! Co~ta Nctes: (!} Maxim~ Approved Purshase Price is $2,388,815.00 pursuant tc memorandum dated June 1, 1aa~..~, from. Caroline Sutton to ~nn Wild. The Count';, acnu~ .... ;-~ the ~rcperty cn August 3!, 1995, at a price cf $2,150,000.00. The amount cf the F ..... ~-- t~ be recsgnized for reir~ursemen~ is deter~dn~ by a ~ .... :on cf S29,270.25 ~ recognize the !ess cut cf a 2.178-acre parue! tha~ included in ~he prsjecl ~ite cr leased %~ an existing ski c!uk. (2~ Pursuant t~ %he terr.~ cf the C~nceptuai A. zur~','al Azreement,, as am_nc__~ '~ ky :'-. c:','~:~lnc hoar/ action, the amount c= the crant s..a__ the lesser of ¢=0' 274 00 cr 40% cf the total prcjec~ c=sts. Disbursed tc Clerk of the Court, Cci!let County, a: tlrne cf reir~ursement fr;m The foregoing c3!cu!atlcn cf gran~ awa:~ and ~a' project costs is hereby ar~rTv~d by the undersi~-e~ ~L~. ~ ~f ~T,U~ ELS~,iiA C~>?~UNiTiES T~,UST [lgnature 1 RESOLUTION NO. 98- 184 A RESOLUTION RATIFYING AND APROVING THE EXPENDITURE OF COUNTY FUNDS FOR PREVIOUS AND FUTURE COUNTY NEW EMPLOYEE ORIENTATION SESSIONS AND FINDING AND DECLARING THAT SAID EXPENDITURES ARE ,AUTHORIZED AS SERVING A VALID PUBLIC PURPOSE. WHERAS, the Board of County Commissioners regularly holds New Employee Orientation sessions to provide new employees with information regarding County services, customers, Facilities, missions and goals and to provide the new employees lhe opportunity to interact with Fellow new employees and staff.; and WHEREAS, the orientation session is an all-day event which includes presentations right up until a mid-day break and a bus tour immediately tbllowing the mid- day break; and WHEREAS, sandwiches, drinks, potato chips and cookies have been and will be made available during the mid-day break to those attending these orientations; and WHEREAS, Collier County Ordinance No. 87-5 allows ['or expenditures of County funds to enhance County emplo~,ee productivity, and recognizes that the promotion and engendering of good will toward the county is an important Factor affecting the pride of county employees in their work, provided that the Board of County Commissioners adopts or has adopted an implementing resolution setting Forth the specific purposes of the expenditures; and WIq'EREAS, on May 14, 1998, the Board of County Commissioners held New Employee Or-ientation at which costs in the amount o£$I 12.,44 ,,,,'ere incurred For sandwiches, sodas, potato chips and cookies; and WHEREAS, the Board of County Commissioners shall, in the t'utu~'e, hold New Employee Orientation sessions at which expenditures For sandwiches, sodas, potato chips and cookies shall be incurred. NOW THERFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The expenditures in the amount orS112.44 for the New Employee Orientation session held on May 14, 1998 are hereby found by the Board to serve a valid public purpose and are ratified and approved. The specific expenditures ratified and approved are sandwiches, sodas, potato chips and cookies. The Board hereby authorizes the disbursement orS112.44 to pay for said expenditures. 2. The Board further finds that for future New Employee Orientation sessions expenditures for sandwiches, sodas, potato chips and cookies serve the valid public purpose of promoting and engendering goodwill toward County government and increasing productivity at New Employee Orientation sessions and for those reasons are approved for future New Employee Orientation sessions. The Board hereby authorizes disbursement of moneys to pay for said expenditures. This Resolution adopted after motion, second and majority vote favoring same. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA 4ttest' as to Chairm~'S '~RA B. B~=9: Cha~~- signature 6nl/, Approved as to tbrm and legal su~ciency: David C. Weigel County Attorney BOARD OF COUN'FY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE JUNE 16, 1998 FOR BOARD ACTION: 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIREC'FED: 2. Clerk of Courts: Submitted for public record, pursuant to Florida Statutes. Chapler 136.06(I), thc disbursements for the Board of County Commissioners for the pcriod May 25 - May 29. 1998. AG£1~,JDA ~I T£N Nc) o ~Z.~:~, JUN 1 6 1998 Pg._ / !' memorandum Date: 6/1/98 1'o: Sue Filson Administrative Assistant/BCC ~ From: Robert W. Byme, CMA General Operations Manager/Clerk's Finance Department RE: Board of Count.,,' Commissioners Disbursements Please find enclosed the disbursements for the Board of Count3' Commissioners for the period May 25 through May 29, 1998. In accordance v;ith Florida Statulcs, C~ap~cr 136.06(1), we would request that these reports be included as miscellaneous correspondence to the Board of Count.,,' Commissioners and made part of the record. If you Imv¢ any questions regarding this mailer, please telephone mc at 774-8481. Thank you for .','our cooperation. BCC VENDOR MANUAL WARRANT LOG DATE NAME AMOUNT CHECK # REASON 5/27/98 BROOKSIDE MARINA 49.66 458235 PARTS 5/29/98 TRAVEL MANAGEMENT INC. 538.00 458236 TRAVEL - ARNOLD & BELANGER 5/29/98 TICKET TO RIDE TRAVEL 425.45 458237 TRAVEL - THURSTON BCC PAYROLL MANUAL WARRANT LOG DATE NAME AMOUNT CHECK # REASON 5~26~98 BONNIE STEPHENS 50.00 183605 EMP OF MONTH 5/29/98 CAROL L. 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'' 16H"2 RESOLUTION NO. 98. 185 A RESOLUTION PROVIDING FOR THE IMPOSITION AND COLLECTION OF A LOCAL OPTION FEE FOR PROVISION OF ENHANCED EMERGENCY "911" TELEPHONE SERVICE AND EQUIPMENT WHEREAS, Section 365.171(13), Florida Statutes, provides that a county may impose a fee for charges for "911" service and equipment to be paid by local exchange subscribers on an individual exchange basis at a rate not to exceed fifty cents (S.50) per month per access line; and WHEREAS, The Board of County Commissioners of Collier County, Florida, deems it appropriate and in furtherance of public health, safety and welfare to assess a fee for the enhanced "911" telephone service availability in Collier County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. Pursuant lo Section 365.171(13), Florida Statutes, Ihere is hereby imposed against local exchange subscribers a local option fee for the provision of enhanced "911" emergency telephone service and equipment in Collier County. This fee shall be adjusted annually to cover allowable expenses as described in Section 365.171(13)(a)(6), Florida Statutes. For the period of September 30, 1998 through September 30, 1999, the fee will be thirty-two (32) cents per subscriber per access line per month. 2. The Courtly requests that the telephone company (exchange telephone service provider) providing enhanced "911" service and equipment to Collier County collect from its subscribers within Collier County, the local option fee assessed by this Resolution and remil those fees Io Collier County. 3. Said telephone company, pursuanl Io Section 365.171(13)(c), Florida Statutes, may relain as an administrative fee an amounl of one percent (1%) of the tolal "911" fees aclually collected by said telephone company. Money in reserve is being carried forward to provide for capital improvements described in Section 365.171(13)(a)(3), Florida Statutes. Additional money from fiscal year 1997 revenues Io be added to the lolal reserves shall not exceed ten percenl (10%) of such fees billed for Ihe 1997 fiscal year. The cumulative reserves are to pay for projected expansion and replacement of E-911 equipment and service fealures described in Section 365.171(a)(13)(6), Florida Statutes. All carry forward reserves shall be adminislered in accordance with Subsection 365. 171(13), Florida Statutes. This Resolution adopted on the . : ' day of ... ~."%.-,,../, , 1998, after motion, second and majority vote for adoption. ATTEST: BOARD OF COUNTY COMMISSIONERS, DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA. ?- z~';~,'- ' BY: , ~ Approved as to form and legal sufficiency: Thomas C. Palmer Assistant County Attorney ~"R'eVenue sharing"Appji,,ca!ion il R. APPLICATION FOR REVENUE SHARING 1998-99 STATE FISCAL YEAR (CHAPTER 218, PART II FLORIDA STATUTES) Application must be received by the Department of Revenue prior to June 30 preceding the beginning of the state fiscal year 1998-99 Please TYPE or PRINT all entries except those requiring a signature. Pa EKT._O_ N_E. Name of County Collier County OR Name of Municipality County Telephone Number. (9 41) 774-8a04 Fax Telephone Number (941) 7 74 - 61 7 9 Mayor or Chairman of Governing Body. [I a r b a r a 13. 8 e r r y Chief Fiscal Officer D/v i g h t E. B r o c }~ Official Mailing Address 3301 Tiimi0mi Trail East Napl es, FL 341 1 2 --'] Check here if the address represents a change fi.om the previous application. Federal Employer I.D. Number (required for new participants only). PART TWO To be eligible to participate in Revenue Sharing beyond the minimum entitlement as 3efin.~'d in, s. 218.21(7), F.S., for any fiscal year, a unit of local government is required to have fuI:illed certmn requirements set forth in s. 218.23, F.S., including certification requirements. Silgn;:turcs by appropriate official in the signature blocks indicated below, where applicable, si~:dl comstimte fulfillment of the certification requirements set forth in s. 218.23, F.S. 1 Consistent with the requirements ofs. 218.23, F.S., has the applicant: 1. Reported its finances for its most recently completed fiscal year to the Department of Banking and Finance, pursuant to s. 218.32, F.S.? ~,;::: Yes NO .::'! 2. Made provisions for annual postaudits of its financial accounts in accordance with s. 11.45, F.S.? ::~i., Yes No 1 2. Date of Audit · ,:; 3. Levied, as shown on its most recent financial report, pursuant to s. 218.32, · F.S., ad valorem taxes, exclusive of taxes levied for debt service or other special millages authorized by the voters, to produce the revenue equivalent to a millage rate of three (3) mills on the dollar based on the 1973 taxable values as certified by the property appraiser, pursuant to s. 193.122(2), F.S., OR, ~: in order to produce revenue equivalent to that which would otherwise be produced ,, by such a three (3) mill ad valorem tax: ~.'::~',. - (A) to have received a remittance from the county pursuant to s. ~"~ 125.01 (6)(a),F.S.; : OR, :. (B) collected an occupational license tax; OR, :;,: (C) collected a utility tax; ;( OR, (D) levied an ad valorem tax; CE) received revenue from any combination of these four sources? oF-] (A) Law enforcement officers, as defined in s. 943.10(1 ), F.S., employed by this Unit meet the qualifications for employment as established by the Criminal Justice Standards and Training Commission? Yes No 03) The salary structure and salary plans for law enforcement officers meet the provisions of Chapter 943, F.S.? Yes ~ No [--] (C) All law enforcement officers, as defined in s. 943. I0(I), F.S., are compensated at an annual salary rate of sLx thousand dollars ($6,000) or more? Yes No ~ [If the answer to (C) above is (NO), please state in an addendum to this application any reason you may have for waiver of such requirement (one of which must be that you are levying ten (10) mills of ad valorem taxes).] SI'GNED:~-"~pr~riate Law E~nI~rcement~cer DATE: (_Ot t ~ ~ ~_ [If you have no police department, etc., please check the block to the left side.] 5. Certified that persons in its employ as firefighters, as defined in s. 633.30(1), F.S., meet the qualification for employment as established by the Division of State Fire :':' Marshal pursuant to the provisions of ss. 633.34 and 633.35, F.S., and that the ~:' provisions ofs. 633.382, F.S. are met? Ye, Additionally, please answer the following: (A) Does the addressed unit of government employ any full-time f'n'efighters wtfich currently possess either a bachelor's degree or associate degree from a colleg.~: or university which is applicable to fire department duties, provided that degree is not required for their current position? Y ,g] 3 (B) If so, are these firefighters currently receiving supplemental compensation for those degrees? Yes [5~ No O Does Not Apply [-'-] Appropriate Ofiq~cial [If you have no fire department or if you have a strictly volunteer fire department, etc., please check the box to the left side.] Certified that each dependent special district that is budgeted separately from the general budget of the local governing authority has met the provisions for annual postaudit of its financial accounts in accordance with the provisions of s. 11.45(3), F.S.? Yes [~ No [---] Does Not Apply 0 Certified to the Department of Revenue that the requirements ofs. 200.065, F.S., if applicable, were met? (The certification shall be made annually within 30 days of adoption of an ordinance or resolution establishing a final property tax levy or, if no property tax is levied, not later than November 1. The portion of revenue sharing funds wh/ch, pursuant to this part, would otherwise be distributed to a unit of local government which has not certified compliance or has otherwise failed to meet the requirements ofs. 200.065, F.S., shall be deposited in the General Revenue Fund for the 12 months following a determination of noncompliance by the department.) 0/~ O 16H · I hereby certify that all of the foregoing information is accurate and lrue to the best of my knowledge. I further certify that I will promptly report to the Department of Revenue any changes in the above .?;~ information. I also realize that failure to provide timely info~ation required, pursuant to the ~"' administration of this Act shall, by such action, authorize the Department to utilize the best information available or, if no such information is available, to take necessary action including }~r~' ,l DISQUALIFICATION, EII'HER PARTIAL OR ENTIRE, and shall further, by such action, waive any fight to challenge the determination of the Department to its share of funds, if any, beyond its minimum entitlement, pursuant to the privilege of receiving shared revenues from the Revenue Sharing Trust Funds. Do you believe that you have complied with ALL eligibility requirements as set forth above? ,,,o I-'l !::::: If'the answer to the above question is (NO), please provide as an attachment to this form the amount : ..... of revenue necessary to meet your obligations as a result of pledges or assignments or trusts entered " into which obligated funds received from revenue sharing. :'~:'~ (Chief Fiscal Officer) ~r~o~r-~h~ of G~,~e'~ Body) DATE: DATE: MAIL COMPLETED ORIGINAL APPLICATION TO ADDRESS SHOWN BELOW ?';:' :" :.'.. · Department of Revenue .... ... ............ Revenue Accounting Section ~.. ',-' , ....... , , .- ', P.O. Box 10669 ' .~,? ,. ' .,' o' , t., "% :, '"..,-:-~,. ' ...: ...... ': . c: - Tallahassee, Florida 32302 ~;" ': i "{""~I~'"I'~:T' "' '" '"' '"' ~' ' .... " ."j, 7 ~, ' . ., 4 ." .. -. ' :, ',. : ~t:~ ." ,.,- .... -,. '. ~ - '.. :~:i,~':'- O~i Gl'iT ,'E. · B R0~,.~ 5..':_ r,, ~.,,g~,,,..... ,....,,: ,.: ' .F,,ounw,,~to " . ',. :,?~. $J~n~t,'ure. o.0.1g ..... "-'