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Agenda 12/15/1998 R
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA Tuesday, December 15, 1998 9:00 a.m. NOTICE: ALL PERSONS WISItlNG TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTERWITI! TIlE COUNTY ADMINISTRATOR PRIOR TO 'FILE PRESENTATION OF TIlE AGENDA ITEM TO BE ADDRESSED. REQUESTS TO ADDRESS TltE BOARD ON SUBJECTS WItlCH ARE NOT ON TItIS AGENDA MUST BE S[;BSIIT'I'ED IN WRITING WITI! EXPLANATION TO TIlE COUNTY ADMINISTRATOR AT LEAST 13 DAYS PRIOR TO TIlE DATE OF TIlE MEETING AND WILL BE IlEARD UNDER "PUBLIC PETITIONS". ANY PERSON WttO DECIDES TO APPEAL A DECISION OF TillS BOARD WILL NEED A RECORD OF TIlE PROCEEDINGS PERTAINING TItERETO, AND TIIEREFORE MAY NEED TO ENSURE TIIAT A VERBATIM RECORD OF TltE PROCEEDINGS IS ,MADE, WltlCtt RECORD INCLUDES TIlE TESTIMONY AND EVIDENCE UPON WliICit TIlE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS xfi,'lLL BE LIMITED TO FIVE (5) MINUTES UNLESS PERMISSION FOR ADDITIONAL TI,ME IS GRANTED BY TIlE CIIAIR.MAN. ASSISTED LISTENING DEVICES FOR TIlE IlEARING IMPAIRED ARE AVAILABLE IN Tile COUNTY COSI,MISSIONERS' OFFICE. LUNCII RECESS SCItEDULED FOR 12:0¢} NOON TO 1:00 P.M. 1. INVOCATION - Reverend Grant Thigl)en, Nc~' Hope Ministries 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF AGENDAS .4.. APPROVAL OF CON'SENT AGENDA. B. APPROVAL OF SUMMARY AGENDA. C. APPROVAL OF REGULAR AGENDA. 4. APPROVAL OF .MINUTES A. November 24, 1998 - Regular meeting. 5. PROCLAMATIONS AND SERVICE AWARDS A. PROCLASIATIONS 1) Proclatnati{)n I)roclaiming Everglade~ CiD, FL as Fl{~rida Outstanding Rural Communit)' of the Year. To be accepted I)y Ms. Pauline Reeves, President, Friends I December 15. 1998 of the Museum of thc Everglades and Ms. Donna Ridcwood, Museum r',lanagcr of Everglades City. B. SERVICE AWARDS 1) Sam Saadeh, Assistant to thc County' Administrator- 10 years. 2) Gar)' Young, Public Works Administration - 10 years. C. PRESENTATIONS 1) Presentation by Tcrrs.' Wolfson, President of the Collier County' Fair. 6. APPROVAL OF CLERK'S REPORT A. ANALYSIS OF CtlANGES TO RESERVES FOR CONTINGENCIES. 7. PUBLIC PETITIONS A. Joe Gennaro, ManaRer - South~vest Property Management regarding an agreement ~'ith the Sheriff's Office for Traffic Control - Villages of Monterey. B. J. David blallory, Sr. Pastor, First Assembly' Ministries requesting temporary' placement of a building. 8. COUNTY ADMINISTRATOR'S REPORT A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Petition C-98-8, Collier County Agricultural Fair & Exposition, Inc., requesting a permit to conduct a carnival from January 8 through .Januar? 16, 1999 on the east side of C.R. 846. in Section 14, Township 48 South, Range 27 East. 2) Approval of a Lease Agreement bemcen Collier County' and Collier Enterprises Realty Group, Inc. B. PUBLIC WORKS 1) Consideration and approval of an irrigation water agreement bet'~vccn Collier County' and Collier Development Corporation. C. PUBLIC SERVICES D. SUPPORT SERVICES E. COUNTY ADMINISTRATOR I) Discussion anti direction regarding County sc~'ices and contracts with the City' of Marco Island. 2) CONTINUED FROM THE DECEMBER ~ 1998 MEETING. Staff report on the potential impact of the Clerk of Courts ~'yicld burning" lawsuit. O F. AIRPORT AUTttOR1TY 2 9. COUNTY ATTORNEY'S REPORT A. Report regarding status of proposed Ethics Ordinance. 10. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to thc Pre-Kindergarten Interagcncy Coordinating Council on Earl)' Childhood Sera'ices. B. Atq)ointmcnt of members to the Citizens Advisor).' Task Force. C. Reconsideration of Item 1 l(A)(2) discussion with the BCC and Clerk of Courts re bond refinancing heard at the November 14, 1998 Board meeting. ' D. Recommendation to declare a vacancy on the Collier Count.,,' Code Enforcement Board. E. Discussion regarding individual County legislative programs and contract lobbyists. 11. OTttER 1TEMS A.. OTtIER CONSTITUTIONAL OFFICERS B. PUBLIC CO.MMENT ON GENERAL TOPICS PUBLIC HEAR1NGS \VILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS 12. ADVERTISED PUBLIC HEARINGS - BCC A. COMPREttENSIVE PLAN AMENDMENTS B. ZONING AMENDMENTS 1) Petition PUD-98-I6 R. Bruce Anderson of Young, van Assendcrp & Varnadoe, P.A., representing U.S. Home Corporation, requesting a rezone from P, MF-12(10), RMV-6, RSF-4, and A to PUD Planned Unit Development to be known as Cedar tlammock Golf & Country Club PUD fl~r 799 single family and multi-family d~clling units and an 18 hole golf course located south of Davis Boulevard (S.R. 84) and ~cst of S.P,. 951, in Section 3, To~ nship 50 South, Range 26 East, consisting of +/- 418 acres. C. OTHER 1) This Item has been deleted. 2) Petition VAC 98-023 to vacate a portion of a water~'ay adjacent to Lots 12, 13, 17, 18 and 19, according to the Plat of "Palm River Shores", as recorded in Plat Book 3, Page 27, Public Records of Collier County, Florida, located in Section 22, Township .18 South, Range 25 East. 3) CONTINUED FRO,',! DECEMBER 8~ 1998. Petition PUD-98-13, R. Bruce Anderson of Young, van As~'ndcrp & Varnadoe, P.A., representing Collier O Development Corporation, requesting a rezone from 'A" Rural Agriculture to "PUD" and PUD to PUD, Planned Unit Development to be known as Collier Tract 21, formerly Bcach~vay PUD, for a golf course and acccs.~or.,,' and incidental 3 December I facilities including a clubhouse, 50,000 square feet of C-3 commercial uses and/or a hotel on property located between U.S. 41 on Ibc cast and Vanderbilt Drive on the west, lying north of 111'" Avenue and south of the Cocohatchee River, in Section 21, Township 48 South, Range 25 East, Colller Count>', Florida consisting of 267.44 + acres. 13. BOARD OF ZONING APPEALS A. ADVERTISED PUBI.IC llEARINGS B. OTItER 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) ~ill be removed from the Consent Agenda and considered separately. A. COblMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of'"Quail West Unit One, Replat Block C, Second Edition. O 2) Request to grant final acceptance of the road~vay, drainage, water and ~wer improvements for the final plat of "Island Cove" 3) Recommendation to approve excavation permit No. 59.671 Creative Homes Il Commercial Excavation located in Section 29, Township 47 South, Range 28 East; bounded on the north b.~ ~'acant tract, on the east by vacant tract, on the south by 66'~ Avenue N.E. and on the west by vacant tract. 4) Approval of amendment #I for Contract GC530 with the Florida Department of Environmcnt:d Protection (FDEP) 5) Request to approve for recording the final plat of "Vanderbilt Galleria Pha~ One" 6) Request lo al)prove for recordin~ the final plat of "Tiburon - The Norman Estates at Pelican ,Marsh Unit 23", and approval of the performance security B. PUBLIC WORKS 1) This item has been deleted. 2) Approve an Inleragency Agreement bet~veen Collier County and the State of Florida Department of Corrections, Hendr>' Correctional Institution, for O continued use of inmate labor in road maintenance activities. 4 December 3) Recommendation to accept Surplus Bid S9g-285g fl~r an Amtel Direct-Line 600 Series Call Screening System. 4) Approve an Alternate Road Impact Fcc for Ihe Lely Mustang Golf Course ba~d on a site-specific computation. 5) Approve Professional Sera'ices Agrccmcn{ in the amount of S37,600 for Roadway and Signal hnprovements at lmmokalee Road and Wilson Boulevard. 6) Award Contracts for Bid Numbers 98-2865 and 98-2869 to enable the purcha~ of additional Beach Cleaning Equipment for blainlenance of the Collier County, Naples and Marco lshmd Beaches. 7) Approve Tourist Development Category "A*' Funding Applications for Beach Maintenance and Inlet Management Projects. 8) Approve Conse~'ation Easement with the Florida Deparlment of Emironmental Protection regarding the Soulh County Regional Reclaimed Water Storage Ponds, Project 74011. 9) Al)proxc Petition TM 98-02 for Nci~hlmrhood Traffic Management to traffic calm a portion of Curling Avenue east of the entrance of Boca Palms of Naples to the vicinity of Winter View Drive, I0) A~ ard Bid #98-2~82 for construction of Proposed Pathos'ay Project. I1) CONTINI.'EDTO II12/99: Approxe the Livingston Road Utility Facilities O Rcimhurscment and Contribution Agreement (Staff's Request). 12) Authorization to reimburse Water and Sc~er Impact Fees. 13) Request authorization to file lawsuit a,,z, ainst B~Lvle Engineering Corporation for claims arising from the design and construction of the original Norlh County Reghmal Water Treatment Phmt. Project 7{}002. 14) Approve a budget amendment apl~ropriating resort'es in the Solid Waste Mandatory Collection Fund. C. PUBLIC SERVICES 1) Award the purchase of m:fintenance equipment for South Naples Community Park. D. SUPPORT SERVICES 1) Approval to Amend the Count?' Purchasing Policy 2) Approval of a Lease Agreement Between Collier CounD and State Senator Bur~ L. Saunders. 3) Approv:d of a Lease Agreemen! Bct~'ccn Collier Count)' and State Representative Dudley Goofllctte. O 4) Apl)royal of a Lease Agreement Bern'eon Collier County and Congressman Porter Goss. 5 December ]5 }()%: $) Approval of a ColleclivC Bargaining Agreement bcl~'ccn thc Board of Counly Commissioners and the Inlcrn:~tional Association of Fire Fighters, Local 3670. O 6) Approval of a Certificate of Public Convenience and Necessity for the Collier Counly Emergency Medical Sera'ices Department. E. COUNTY ADMINISTRATOR F. BOARD OF COUNTY COM,MISSIONERS G. MISCELLANEOUS CORRESPONDENCE 1) Satisfaction of Lien'. NEED MOTION authorizing Ihe Chairman to sign Satisfaction of Lien for Sca'ices of the Public Defender for Case Nos.: 9807262MMA, 9704990MMA, 9806114MMA 980(,787MMA 9604545MMA. 9803240MMA, 9805512M'MA, 97(18714N[MA 9807049MMA 971035MMA, 9804230MMA, 9709219MMA, 9802012NfMA 9804119MMA 9805704MMA 9801234MMA, 9804317MMA. 9805181MMA 9805661MMA 9805198MMA 9802312MMA 9804892MMA 9801935MMA 9803547MMA 9804896MMA 9804591MMA 9802458MMA 97(}9019NLMA 9805187MMA 9805513MMA 9805514MMA. 9804586MMA 9807221MMA 9609987MMA 9708478MMA 9706703MMA 9803351MMA 9803517MMA 98r~5438MMA 9806275MMA 9802796MMA 9803387MMA 98!I398flMMA 9709292MMA 9705479MMA 97042-';MMA 9804924MMA 9807120MMA 9804675MMA 9804461MMA 9710156MMA 9800592MMA 980466(~MMA 9803709MMA 9803981MMA 9709960MMA 971(}082MMA 9807048MMA 9710654M'MA 98(>(>417MMA 9805411MMA 9801865MMA 9803854.MMA 9802594MMA O 2) N1isccllaneous items to file for record with action as directed. H. OTItER CONSTITUTIONAL OFFICERS 1) Approval of a lease agreement between Collier Count.,,' and Alan and Patricia Boole. 2) Recommendation that thc Board apl)rnve a I)udget amendment in the amount of S17.580 to co~er the incre.'~se in the FY99 lax increment payment to thc Naples Community Redevelopment Agency. I. COUNTY ATTORNEY 1) Request by thc Collier County lndustri:fi Development Authority for approval of a resolution authorizing the Authority to issue revenue bonds to be used to finance educational facilities for Seacrest School. 2) Request by the ltousing Finance Authority or Collier County for approval of resolutions authorizing the Authority to issue multi-family housing revenue bonds to be used to finance qualifying apartment projects. 3) Recommendation to al)prove a Legal Services Agreement with Fixel & Maguire as legal coun~l to represent count.,,' relating to county's property acquisition interests including eminent domain i~roceeGt,-s for the Immokalee road Four- laning Project (Project No. 69101) between 1-75 and C.R. 951 and for the O Golden Gate Boulevard Four-Laning Project (Project No. 63041) between C.R. 951 and 2"'~ Street S.E. 6 December 15. 1998 4) Recommendation th'4! the Board of County Commissi,ners adopt a Re~lution Establishing a Uniform County Policy Imposing Fees for the Inspection, Examination and Duplication of Public Records Pursuant lo Section 119.07, Florida Statutes. J. AIRPORT AUTIIORITY 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC ItEARINGS AND MUST MEET TIlE FOLLOWING CRITERIA: I) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTIIER AUTItORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING~ 3) NO WRITTEN OR ORAL OBJECTIONS TO TIlE ITEM RECEIVED BY STAFF, TIlE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTIlORIZING AGENCIES OR Tile BOARD, PRIOR TO TIlE COMMENCEMENT OF TIlE BCC MEETING ON WttlCtl TIlE ITEMS ARE SCliEDULED TO BE ItEARD;AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO TIlE ITEM. A. Recommendati(in to adopt an Ordinance amendin~ Collier Cm~nt)' Ordin;ince No. 90-1 ! I, as amended. ~hich created thc Pelican Ba.~ Municipal Service Taxing and Benefit Unit; amending Section Seven to provide for the reduction of the size of the Pelican Bay blunicipal Sca'ice Taxing and Benefit Unit Advisory Committee; amending Section Eleven to provide for the reduction of thc number of mcmher~ required for a quorum and to conduct huslncss and to t:~ke action; providing for inclusion in Cotle of Laws and Ordinances: pro~ iding for conflict and scvcrahilit.v; ami b.~ i~rm'iding '.in effective date. B. An Ordinance Creating :md Eslablishing thc Goodl;md/llorr's Island Fire Control District; Providing for Title and Citation: Providing Boundaries of the District~ Providing for the Creati~m and Establishment of the District; Providinl~ for thc Governing Board, Powers and Duties; Providing for Construction; Providing for Conflict and Severability; Providing for Inclusion in the Code of Laws and Ordinances; and Providing an Effective Date. C. CONTINUED FROM DECEMBER S~1998. PetitionASW-98-l, BlairA. Foley, P.E. of Coastal Engineering Consultants, inc. rcprcscntin~ Anthony Voight, rcquestinl~ a 4(10 waiver from thc minimum required separation of $00 feet bcmeen automobile sec'ice stations for property located at 293-1 Tamiami Trail East (U.S. -11), further described as a I)ortion of Lots I through l0 and Lots 36 through 42, Royal Palm Terrace Unit !, in Section 1 l, T(mnship 50 South, Range 25 East, Collier County, Florida. 18. ADJOURN INOUIR1ES CONCERNING CttANGES TO TIlE BOARD'S AGENDA SItOULD BE MADE TO TIlE COUNTY ADMINISTRATOR'S OFFICE AT 774-8383. 7 Dccembcr 15. 1998 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING DECEMBER 15, 1998 WITHDRAW: ITEM 8(B)(I) -.CONSIDERATION AND APPROVAL OF AN IRRIGATION WATER AGREEMENT BETWEEN COLLIER COUNTY AND COLLIER DEVELOPMENT CORPORATION. (PETITIONER'S REQUEST). CONTINUE INDEFINITELY ITEM 12(C')0) - PETITION PUD-98-13, COLLIER DEVELOPMENT CORPORATION REQUESTING A REZONE FROM "A" RURAL AGRICULTURE TO PUD TO BE KNOWN AS COLLIER TRACT 21. (PETITIONER'S REQUEST). ..ADD: ITEM 16(A)(71 - APPROVE FOR RECORDING, THE FINAL PLAT OF "SILVER LAKES". (COMMISSIONER NORRIS). ADD: ITEM 16(A)(8) - APPROVE FOR RECORDING, THE FINAL PLAT OF "WttlTE LAKE CORPORATE PARK" AND APPROVAL OF THE PERFORMANCE SECURITY. (STAFF'S REQUEST). ADD: ITem l~(e~(O - APPROVE eUDGEr AMENDMENT TO PURCItASE MICROVAX TO ALLO~ STAFF TO Meet rile r~f WOm PLAN SCHEDULE (STAFF'S REQUEST). NOTES: ITEM 8(E)(2) - SHOULD READ "CONTINUED FROM DECEMBER 8, 1999 MEETING". ITEM 16(B)(8) - A MINOR CHANGE HAS BEEN MADE TO THE CONSERVATION EASEMENT AS FOLLOWS: FOR CLARIFICATION, ASSIGNED NAMES PARCEL "A" AND PARCEL "B" AND PARCEL "C" TO THE LEGAL DESCRIPTION. · CHANGED THE NAME OF THE CIRCUIT COURT FROM "TWENTIETH JUDICIAL CIRCUIT, IN COLLIER COUNTY" TO "SECOND JUDICIAL CIRCUIT, IN LEON COUNTY". ITEM 16(D)(2~- THE INCORRECT RESOLUTION WAS ATTACHED TO THE LEASE AGREEMENT FOR THIS ITEM. THE BOARD WILL APPROVE ON THE CONSENT AGENDA THIS ITEM WITH THE APPROPRIATE RESOLUTION. £ROCLAI~A TION WHEREAS, Everglodes City is o small thriv/nE community of diverse interests and colorful history within Collier County; and, WHEREAS, cock year applications m'c submiftcd and revicwed fo determine the outstondin9 rural communities in the State of F/or/dc and, WHEREAS, the Rural Economic Development Counc// of F/or/do has sdecfed EverE/ades O'ty as the "Florida Outsfand/n9 Rural Community of the Year'; and, WHEREAS, Enterprise F/or/do has jo/ned in recosnizin9 Ever£/odes City os the 'Flor/do Ou~tond/n9 Rural Community of the Year"; and, WHEREAS, the Friends of the Museum of the EverEladcs are responsible for preporin9 and, that won the above d~m'~natll ~ and, WHEREAS, used by the r the'betterment of the ' / · '~ ' NOW f RURAL CO~UN~ o~tTHE YEAR '~' 1~ ' ~' ' , ~, ' .' ~"~"~;". ' this ach&vement ahd extends its zerg/ade~, the ~u~eum of DONE AND ORDERED THIS ISth D°Y of December, 199& BOARD OF COUNTY COM/dIsSIONER5 COLLIER COUNTy, FLORIDA BARBARA B. BERRY, CHAI~AAAN ATTEST: COLLIER ADMINISTRATOR'S OFFICE 3301 E. TAMIAMI TRAIL December 3, 1998 NAPLES, FL .34112 (941) 774-8383 FAX (941) 774-4010 A.C£RTIFIED BLU~ CHIP COi~D, II.,.~ITY Mr. Joe Gennaro, Manager Southwest Property Management 1044 Castello Drive, Suite 206 Naples, Florida 34103-1900 Re: Request for Public Petition - Villages ofMonterey - Agreement with Sheriff's Office - Traffic Control Dear Mr. Gennaro: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of December 15, 1998 regarding the above referenced subject. Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be p/aced on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor ofthe Administration Building (Building "F") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. Very truly yours, Robert F. Fernand-(z County Administrator RFF/bp A~Et'JC;A ITEM CC: County Attorney ~' '7('4')- Public \Vorks Division n,"e- .... .., , ...... [ ........ l[ .......................... [ ..... I ....... ~i]I ............... [[[[ [[ [ ' ]1 SOUTHWEST PROPERTY MANAGEMENT CORPORA]ION 1044 CASTELLO DRIVE. SUITE #206 NAPLES. FLORIDA 34103-1900 941/261-3440 · FAX: 941/261-2013 September 18, 1998 Mr. Robert Fernandez Cotm~' Administrator's Office 3301 E. Tamiami Trail Naples, FL 34112 Re: Public Petition Process Villages of Monterey Dear .',,Lt. Fernandez, Per .',,like Pertit from the Corm .ty Attorney's Office, this correspondence is to serve as a public petition for the Villages of Monterey to enter into an agreement with the Collier County SheriiTs Department that would allow the department to police the community for traffic control, i.e. speeding and stop sign violations. TNs a~eement would be similar in nature to the existing agreement between the County and Imperial Golf Estates. I have been in contact with the attorney's office since June and I was told by Mr. Pet~it that th. is is the next step. If you have any questions or need additional in/on-nation, please contact either Mr. Pet'tit at the Coun9' Attorney's Office or myselfat (941) 261-3440. I would like to thank you in advance for your consideration. Monterey is anxious to finalize this agreement. Sincerely, Joe Germaro Manager JG/emd cc: Monterey Master Board of Directors. t...' .t-... 7~ SOUTHWEST PROPERTY MANAGEMENT CORPORATION 1044 CASTELLO DRIVE. SUITE #206 NAPLES, FLORIDA 34103-1900 941/261-3440 · FAX: 941/261-2013 September 16, 1998 Mr. Frank Hudson 7500 San Miguel Way Naples, FL 34109 Re: Villages of Monterey Agreement with County Dear Frank, Per yOLU' request at the recent Board of Director's meeting, enclosed is correspondence I had with David Weigel and LarO, Pivacek fi.om the County Anomey's office back in June. This information was sent to all Directors in June. I asked you to review the agreement and advise me if you wanted any changes made fi'om the Imperial Golf Estates agreement. Since there were no additions, I called Larry Pivacek when I returned fi-om vacat/on in mid-July and asked him to proceed. He called back in mid-August and advised me that it would be helpful if we could contact one of the commissioners to help expedite our request. I called Jim Bencin and then JeffScort to have one ofthem contact Tim Hancock. Jeffsaid he would call. Subsequently, Tim lost in the primary, Larry Pivacek left to go into pr/rate practice and the matter ended up on the desk of Mike Pertit, who is new to the County Attorney's office. Your help, at this point, would be greatly appreciated. IfI may be of further assistance or ifI can provide you with additional information, please contact me at (941) 261-3440. Sincerely, Joe Germaro Manager, Southwest Property Management Corp. JG/emd i :'.. :::': ,: · SOUTHWEST PROPERTY MANAGEMENT CORPORATION 1044 CASTELI. O DRIVE, SUITE 1206 NAPLES. FLORIDA 34103-1900 941/261-3440 · FAX: 941/261-2013 September 16, 1998 Mr. Jim Bencin 1720 San Bemadino Way Naples, FL 34109 Re: Villages of Monterey Agreement with County Dear Jim, Per your request at the recent Board of Director's meeting, enclosed is correspondence I had with David Weigel and Larry Pivacek fi.om the Count3' Attorney's office back in June. This information was sent to all Directors in June. I asked you to review the agreement and advise me if you wanted any changes made fi.om the Imperial Golf Estates agreement. Since there were no additions, I called Larry Pivacek when I returned fi.om vacation in mid-July and asked him to proceed. He called back in m/d-August and advised me that it would be helpful if we could contact one of the commissioners to help expedite our request. Jim, I called you and then JeffScott to have one of you contact Tim Hancock. Jeffsald he would cai1. Subsequently, Tim lost in the primary, Larry Pivacek lef~ to go into private practice and the matter ended up on the desk of Mike Pet'tit, who is new to the County Attorney's office. Your help, at tbhs point, would be greatly appreciated. IfI may be of further assistance or ifI can provide you with additional information, please contact me at (941) 261-3440. Sincerely, Joe Gennaro Manager, Southwest Property Management Corp. JG/emd SOUTHWEST PROPERTY MANAGEMENT CORPORATION 1044 CASTELLO DRIVE. SUITE ~206 NAPt. ES, FLORIDA 34103-19(X] 941/261-3440 · FAX: 941/261-2013 June 4, 1998 Mr. Larry Pivacek Collier County Attorney's Office Collier County Government Center 3301 Tamiami Trail East Administration Building - 80` Floor Naples, Florida 341124902 RE: Villages of Monterey Agreement with Sheriff's Department for Traffic Control Dear Mr. Pivacek, Per our telephone conversation and your request, this correspondence is to request an agreement between the Villages of Monterey, a gated community in north Naples, and the Collier County SherifFs Department which would allow the department to police the community for traffic control, i.e. speeding and stop sign violations. This agreement would be similar in nature to the existing a~eement between the County and Imperial Golf Estates. Your ass/stance in tiffs matter is greatly appreciated. If you have any questions or need additional information, please contact me at (941)261-3440. Both the Board of Directors and I would like to thank you in advance for }'our prompt attention. Sincerely, Joe Gennaro Manager cc: Monterey Master Board of Directors SOUTHWEST PROPERTY MANAGEMENT CORPORATION 1044 CASTELLO DRIVE. SUI1'~ t206 NAPLES, FLORIDA 34103-1900 941/261-3440 .. FAX: 941/261-2013 September 16, 1998 Mr. Frank Hud. son 7500 San Mi~el Way Naples, FL 34109 Re: Villages of Monterey A_m'eement with County Dear Frank, Per your request at the recent Board of Director's meeting, enclosed is correspondence I had with David Weigel and Larry Pivacek fi.om the County Anomey's office back in June. This information ',,,'as sent to all Directors in June. I asked you to review the agreement and advise me if you wanted any changes made from the Imperial Golf Estates agreement. Since there were no additions, I called Larry Pivacek when I returned from vacation in mid-July and asked him to proceed. He called back in mid-August and advised me that it would be helpful if we could contact one of the commissioners to help expedite our request. I called Jim Bencin and then Jeff Scott to have one of them contact Tim Hancock. Jeff said he would call. Subsequently, Tim lost in the primary, Larry Pivacek left to go into private practice and the matter ended up on the desk of Mike Pet'tit, who is ne,.,,' to the County Attorney's office. Your help. at thJs point, would be greatly appreciated. IfI may be of fus~er assistance or ifI can provide you with additional information, please contact me at (941) 261-3440. Sincerely, Joe Gennaro Manager, Southwest Property, Management Corp. SOUTHWEST PROPERTY MANAGEMENT CORI:KZ)RATION 1044 CASTELLO DR~VE. SUITE ~206 NAPLES, FLORIDA 34103-1900 941/261-3440 · FAX: 941/261-2013 September 16, 1998 Mr. Jim Bencin 1720 San Bemadino Way Naples, FL 34109 Re: Villages of Monterey A_m'eement with County Dear J/m, Per your request at the recent Board of Director's meeting, enclosed is correspondence I had with David Weigel and Larry Pivacek fi.om the County Attorney's office back in June. TNs information was sent to all Directors in June. I asked you to review the agreement and advise me if you wanted any changes made fi.om the Imperial Golf Estates agreement. Since I there were no additions, I called Larry Pivacek when I returned fi.om vacation in mid-July and asked him to proceed. He called back in m/d-August and advised me that it would be helpful if v,,e could contact one of the commissioners to help expedite our request. Jim, I called you and then JeffScort to have one of you contact Tim Hancock. Jeffsaid he would call. Subsequently, Tim lost in the primary, Larry Pivacek left to go into private practice and the matter ended up on the desk of Mike Pettit, who is new to the County Attorney's office. Your help, at tNs point, would be greatly appreciated· IfI may be of further assistance or ifI can provide you with additional information, please contact me at (941) 261-34.40. Sincerely, Joe Germaro Manager, Southwest Property Management Corp. AGREEMENT APPROVING AND PROVIDING FOR COUNTY TP. AFFIC CONTROL JURISDICTION OVER ROADS WITHIN IMPERIAL GOLF ESTATES SUBDIVISION THIS AGREEME~ made and entered into this 12th day of November, 1996, by and among: the Greater Imperial Board, Inc., a Florida not-for-profit corporation, with office at 901 Imperial Golf Course Boulevard, Naples, Florida 34110; the Imperial Golf Estates Homeowners Association, Inc., a Florida not-for-profit corporation, with office at 10915 Bonita Beach Road, Suite 1111, Bonita Springs, Florida 33923; the Collier County Sheriff; and the Board of County Commissioners of Collier County, Florida. W I T N E S S E T H: ~EREAS, Imperial Golf Course Boulevard and all other streets and roads within the Imperial Golf Estates Subdivision "/ Phases 1, 2, 3, 4 and 5 are private roads, not owned or maintained by Collier County; and ~EREAS, the Greater Imperial Board, Inc., a cooperative organization composed of representatives from each of the developments within the Imperial community charged with O m~taining and controlling Imperial Golf Course Boulevard, has tendered a letter request dated August 28, 1996, ,attached hereto as Exhibit "A', for the Collier County Sheriff 'to patrol said private roadway and exercise jurisdiction in the enforcement of state and count}, laws; and WHEREAS, the Imperial Golf Estates Homeowne?s Association, Inc., has tendered a letter dated August 29, 1996, attached hereto as Exhibit "B", formally requesting the Collier County Sheriff "to enforce all county and state traffic control regulations within the boundaries of the Imperial Golf Nomeowners Association, Inc."; and WH. EREAS, Section 316.00613) (b), Florida Statutes, provides that a county may exercise Jurisdiction over any private road or roads located within the unincorporated area within its boundaries if the county and party or parties owning or controlling such road or roads provides, by written agreement approved by the governing body of the county for county traffic O control jurisdiction over the road or roads encompassed by such agreement; and '"'~ ....... , ~EREAS, the Collier County Sheriff has monitored traffic on and along Imperial Golf Course Boulevard and confirmed an enforcement need and has agreed to provide traffic control enforcement in the areas requested (see Exhibits "A" and and WHEREAS, Collier County, through its Transportation Department, has reviewed and communicated with an engineer for the Imperial Golf Estates Homeowners Association, Inc., regarding signage and a required subdivision sign maintenance plan (see Exhibits "C" and 'D' attached hereto); and WHEREAS, the Board of County Commissioners has reviewed these requests and determines that it is in the interest of the public health, safety and welfare to enter into an agreement pursuant to Section 316.006(3) (b), Florida Statutes. ]iOW THEREFORE, in consideration of the premises and the terms and conditions provided herein, the parties hereto agree as follows: 1. The recitals and Exhibits stated and referenced hereabove are restated hereby and are made a part of this Agreement. 2. Collier County, by its Board of County Commissioners, has hereby determined and henceforth, does exercise jurisdiction over all private roads 'located within Imperial Golf Estates subdivision, Phases 1, 2, 3, 4 and 5, pursuant to this Agreement entered into pursuant to Section 316.006(3} {b), Florida Statures. 3. Pursuant to Section 316.006{3) (b) {2), Florida Statutes, the Collier County Sheriff hereby expressly waives the statutory requirement concerning the effective date of this Agreement relating to the beginning of the next county fiscal year and agrees to the effective date of this Agreement as provided herein. 4. The Collier County Sheriff shall as the date of December 12, 199~ an~ thereafter include as part ~f its normal duties patrol and enforcement of all county and state traffic control regulations and laws on and over Imperial Golf Course Boulevard and all other private streets and roads in existence or that shal~.c~ne existence within the Imperial Golf Estates ~ubdivis~on, Phases I, 2,3, 4 and 5. P~g¢ 2 of 5 5. The parties recognize that Imperial Golf Course Boulevard and the other roads within the Imperial Golf O Estates subdivision are not public {County) roads, are not County-owned, and the responsibil~ties for construction, maintenance and repair, including signage along the roads do not legally exist with and are not hereby contractually imposed upon Collier County or the Collier County Sheriff. 6. Signage maintenance, repair and adequacy on and along the roads within the Imperial Golf Estates Subdivision, Phases 1, 2, 3, 4 and 5 is recognized as the responsibility of the homeowner association and/or other private property interest{s) within said Subdivision, and a maintenance program shall be developed and adhered to by the Imperial Golf Estates Homeowners Association, Inc., pursuant to Exhibits and "D", attached. 7. For purposes of identification and geographic specificity, Imperial Golf Estates Subdivision is composed of: Imperial Golf Estates Phase 1 depicted and described in Plat Book 12, pages 61-64 of the Public Records of Collier County, Florida; Imperial Golf Estates Phase 2 depicted and described in Plat Book 12, pages 112-115 of the Public Records of Collier County, Florida; Imperial Golf Estates Phase 3 depicted and described in Plat Book 13, pageW 52-54 of the Public Records of Collier County, Florida; Imperial Golf Estates Phase 4 depicted and described in Plat Book 13, pages 104-106 of the Public Records of Collier County; Imperial Golf Estates Phase 5 depicted and described in Plat Book 16, pages 69-70 of the Public Records of Collier County, Florida. 8. The Greater Imperial Board, Inc., and the Imperial Golf E~tates :!omec~..'ners Association, Inc., hereb}, indemnify and hold Collier County harmless and indemnify and hold the Collier County Sheriff harmless for its non- negligent acts, errors or omissions in providing the exercise of traffic control Jurisdiction hereunder. Collier County shall be included as 'additiOnal- insured" on the liability insurance policies o~ the Page 3 of 5 Greater Imperial Board, Inc., and the Imperial Golf Estates Homeowners Association, Inc. 9. This Agreement may only be modified through a. written document executed with the same formality as this Agreement. However, this Agreement may be terminated by the County by the adoption of a resolution providing for termination at public meeting of the Board of County Commissioners. IN WI~SS ~EREOF, the parties hereto have executed this Agreement the Board of County Commissioners having approved this Agreement the 12th day of November, 1996. WI77;ESSES GREATER IMPERIAL BOARD, INC. --~Patricia C. Lawrence, President T~'P£D NAME (corporate seaI) WIT~ESSES: IMPERIAL GOLF ESTATES HOMEOWNERS TYPED NAME e~rber-t' C. Oehlers, President TYPED N~E (corporate seal) Pa~e 4 of 5 ~/ WITNESSES: By: D Hunter TYPED NAMZ ATTEST: BOARD OF COU~ COMMISSIONERS DWId~ ~;. ,'.~ROCK, Clerk OF COLLIER COUN/~, FLORIDA ~/ , ~. , , Approved as to form and legal sufficiency: e County d~"~','i~al ~ol~e~¢~ ~c tonal Greater Imperial Board 90I Imperial Go,Course Boulevard Naples, FL $4110 941-$97-200.~ August 28, 1996 Sgt. Todd Taylor Collier County Sheri~"s ,Department "/76 Vanderbilt Beach Road Naples, FL 34108 ' Dear Sg't. Taylor:. The Greater Imperial Board is a cooperative organization composed of representatives from each of the developments within the Imperial community. We are st Florida not-for- profit corporation charged with maintaining and controlling the roadway serving the thirteen hundred families of Imperial. In February of 1996 SherifFs Department traffic monitors supported our belief that speeding is rampant along Imperial Golf Course Boulevard, the common entry roadway for this development. Beginning in December of I995 the Greater Imperial Board has uniformly and enthusiastically supported efforts of its officers to secure assistance from the Collier County Sheriff's department in protecting the safety, of our residents as they travel along Imperial Golf Course Boulevard. We have reported on the progress of these efforts at each meeting of the Greater Imperial Board during 1996. By Board action I am authorized to extend an invitation to the Collier Cohnty Sheriff's Department to patrol this private roadway and exercise jurisdiction in the enforcement ofstate and county, laws. It is my understanding this request is clearly in compliance with Florida Statute Sec. 316.006 ('b)(3). We have spoken with David Weiget, Collier County Attorney, and with Commissioner Tim l:rancock regarding this matter. Both suggested we make our request directly to the SherifFs Department, which is the purpose of this letter. We appreciate the time you and other SherifFs Department personnel have given us as we develop the details of this cooperative effort; we look forward to a safer community as a result of this project. Please notify us if there is anything further we need to do to cement this agreement. Sincerely, Patricia C. Lawrence, President Greater Imperial Board HOMEOWNERS ASSOCIATION, INC. EX~ -~- 10915 Bonita Beach Road, Suite I 111 Bonita Springs, Florida 33923 J Pt (9411 495-8814 Fax: [941) 495-1203 August 29, 1996 ' S~. Todd Taylor//249 Collier CounL7 Sheri/Ys O/5¢e 776 Vanderbilt Beack Rd. Naples, Fl. 34108 · Subjezt: Roadway Traffic Control State Statute 316.006 Ju~ctiction Imperial Golf E~tates Homeowne~ Association Lnc. Dear Sgt. Taylor, Thc hnpcrial OoffEstates Homcownc~ Association, Inc. hereby request~ the Collier County She:~s Ofl2ic: to enforce ail county and state tr~i¢ control regulations within the boundaries of the Lmperial GolfEsUt:s Hom¢owner~ Association Inc. The Board of Dkectors of the association approved the request for th~ action at their regular meeting held on .lulv '75, 1996. Sincerely, Herbe~ C. OeI'flers, President Date EXHIBIT COLLIER COUN COVEKNMENT TRANSPORTATION DEPARTMENT 3301 E TAMLAMI TRAIL NAPLES, FL 33962 (941) 774-8494 (941) 774-5375 FAX A CE.RTIFIED I~LUE CIlIP COMMUNITY August 12, 1~8 Mr. G. L. Gronvald, P.E. ' 4280 Mourning Dove Drive Naples, FL 34119 SUE!.IECT: Ro~-dway Traffic Control Devices Imperial Golf Estates Dear Mr. Grcnvold: in record to your recent submittals, subject as above, a review of the information confirms signage in acsordance with the MUTCD noting that a number of sign posts do not meet the minimum clearance requirement of five feet (5'). Since the clearance requirement is based on rural conditions, since the land uses in the .~rea are residential and since sign placement is typically such as not to create a potential roadway hazard, the differences in sign height per your letter are considered minor and acceptable for proper driver notice and enforcement. As ',ye discussed, the subdivision should have a ml-intenance plan wherein sign replacements not only conform to the proper height as set forth in the MUTCD, but the sign material should be upgraded from engineer-grade to high intensity-grade, which not only lasts much longer, but provides a much better level of reflectMty. Upon review o~' the above, should any additional information be necessary from this office, please h=s,,=,= to contact me at 774-8259. do riot ' G.L.(Jer ! GRONVOLD ' Naple~, FL ~119 July 2], ]996 George Arckibald, ?.E. Tra. nsponadon Services Director Collier County Government Center 33oi East Ta.rwami Trail Naples, FL 33962 G ' R.E: [mpe:"ial olfEstates Silage Dear George, Thz~s for spending the time Mth Herb Oeklers and myself, to discuss the signage at Impe,-ia~ Golf Es'totes. ,,ks you know the purpose ofthJs work is to be able to have you send a letter to the SheriE's Department s~ating that the silage does meet the MUTCD ma.nual whh a few miner exceptions. Herb inventoried all the si~s with locations shown on the map. He also indicated the height ofeach si~. Th. is map is enclose. I then tabulated them on a spread shefl. There is a total ofg0 si~s. 12 are over the 60" heist. 78 range in height from 58" to 32". The average heist is 48" OR. 12 "less thzn rtaTndard. We have looked at the sips ~qd it almost appears that the wood sirens were made by the sa,me peopie. We found that the si~s were ins't~ed at varying heist. We do not believe that the 7 foot height is always necessary in these natal type residential subdMsions. I have reca,'n,,'nended to Herb that as signs are replaced that they be installed over the 5' rnJrdmum. They should also have a program to =art replacin= stop siznfaces with kir..h inteasfty faces. - - - Attached is a copy of'the inventory map and the spread sheet with the heights tabulated. fyou neefl fuaher information please call me. Sincerely, Je:'D' Gro~.~,'o Id cc: Herb Oehiers ~ ..................... COIJJER COUNTY ADMINISTt TOR'S OFFICE 3301 E. TAMIAMI TRAIL NAPLES, FL 34112 (941) 774-8383 FAX (941) 774-4010 December 7, 1998 A CERTIFIED BLUE CIIIP COMMUNITY J. David Mallory, Sr. Pastor First Assembly Ministries 2132 Shadowlawn Drive Naples, Florida 34112 Re: Request for Public Petition - Temporary Permission - Used Restaurant Building Dear Pastor Mallory: Please be advised that you are scheduled to appear before the Collier County Board of' Commissioners at the meeting of December 15, 1998 regarding the above referenced subject. Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the Administration Building (Building "F") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. Ifyou require any further information or assistance, please do not hesitate to contact this office. Very truly yours, Robert F~. Fernandez ~ County Administratoi-j RFF/bp cc: County Attorney AGENDAITF..M Community Development Division Administrator :"" - --"'~-~))- D F.. c I 5 Pgo-- ~.--/~ December 2, 1998 To the Attention of Robert Fernandez; We would like to formally obtain temporary permission to place a 20' x 50' used restaurant building on our property located on the corner of The Lord's Way and 951. It is our intention to take all the necessary steps to obta/n an SDP for the project within 6 months. We have this wonderful opportunity to receive th/s building as a gift, but time constraints make it necessary for us to prov/de an immediate site. The staff has no objection to temporary permit, placing the building on the property, while the SDP's is being processed. Staff has no ability to give such permission without direction from the Board of Collier County. Please accept this letter as our wish to be placed on the County Corem/ss/on agenda for December 8, 1998. mior Pas/or FIRST ASSEMBLY MINISTRIES C'allin~ Co/her Countl' to (.'britt tt~ro[t~#! thc Great Conlmi,,.,,'ror~ cDld tlR' Great (..'Oltlt'lRltlt'lttK'tlt tO 1111 pUOI~Ic'. ~.ll I#l Illllt"~. b? t#[ t~t'll~.~ J. David MaUoD', Sr. Pastor · 2132 5hadc:wlawn Drive · Naples, Florida 241!2 · 941.774.1 EXECUTIVE SUM,MARY PETITION NO. C-98-8. COLLIER COUNTY AGRICULTURAL FAIR & EXPOSITION, INC.. REQUESTING A PERMIT TO COX:Z.,t.;CT A CARN'IVAL (THE COUNTY FAIR) FROM JANUARY 8 THROUGH JANq..JARY 16. 1999 ON THE EAS'~ SIDE OF C.R. 846, IN SECTION 14, TOWNSHIP 48 SOUTH. RANGE 27 EAST (COLLIER COUNTY FAIR GROUNDS). OBJECTIVE: Collier County Agricultural Fair & Exposition, Inc.. is requesting that the Board of County Commissioners approve a permit to conduct a carnival from January 8 through January 16. 1999. on the east side of C.R. 846. in Section 14, Township 48 South, Range 27 East. The applicant is also requesting a waiver of the application fee and the requirement to obtain a surety bond. CONSIDERATIONS: Collier County Agricultural Fair & Exposition, Inc., has met all tile requirements of the carnival permit procedures other than those requests for waiver addressed herein, Staff concurs with the request for waiving of the Surety Bond as there have been no previous problems related to clean up of the site after the Count)., fair. FISCAL IMPACT: The applicant's request for a S200 permit application fee waiver has been granted in past years. Revenues for Fund 113 (Community Development Enterprise Fund) are generated from fees established in the Schedule of Development Review and Building Permit Fees. It is a Board policy that requests for waiver of such fees be granted only by the Board. The term waiver is a bit of misnomer in that, should a waiver be granted, it is necessary to transfer the funds from the General Fund Reserves (001) to the Community Development Enterprise Fund {I Based on staffresearch, tile average annual fiscal impact resulting from these types of fee waivers is $2,200.00 per year. GROWTtl MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of Count,,' Commissioners approve the permit to conduct the Collier Count;' annual fair and waivers for the Carnival Fee and Surets,'Bond. - i DEC 1 5 1998 PREI'ARED BY Ronalct:F'. Nino, A[CP'L ~ \ ""--" I)ATE Current Planning Manager REVIEWED BY: ROBERT J.":?;i U LH ER E. AICP DATE PLANNING SERVICES DIRECTOR APPROVEDd3Y: VINCENT A. CAUTERO. AD.M[NISTRATOR DATE COMMUNITY' I)EV. AND ENVIRONMENTAL SVCS, gz EX SU.MM,,~,RY,'C-C~,~-g AG E,%~& LTE~ 2 DFC 1 5 1998 thence ~ed~(-f (.~ n4~ 4d~, Z~Ch Jm'~.'... ' --~ce ~o~C[ P_ot itior, .. ¢op¥ ( qAR~IVAL OPERATIQJ~___P_$T__ITXON NOV 2 3 J~8 DATE: ' ' ' P~ITIONER'S N;d4E: Collier Countv Acriculture Fair and ~~Sc. PETITIONER'S ADDRESS: 751 39th Ay. NE NaPles, Florida 3~]20 TELEPHONE: (941) 455-1444 PROPERTY OWNER'S N~E: Collier County Board of County Commissioners PROPERTY OWNER'~ ADDRESS: 3301 East Tamiami Trail NaD!es, F1 34120 TELEPHONE: (941) 774-8383 LEGAL DESCRIPTION OF SUBJECT PROPERTY: see attached sheet GENERAL LOCATION: Hwv ~46 add Xorth Golden Cate CURRENT ZONING: PUD _ CURRENT USE: COmmunity Use NATURE OF PETITION: ?:ine (n] day hermit for Annual Fair THE FOLLOWING IXFO~<ATION iS INCLUDED IN THIS PETIT/ON. (FOR EXP~NA- TION, SEE REVERSE SIDE.) SIGNATURE OF PETITIONER DATE REVIEWED by Board of County Commissioners: Approved:__ Disapproved: Conditions of Approval: SIGNATURE OF COUNTY MA~;AGER ne~'~'~6'~"_~_~.~ ! O DEC 1 5 1998 ~;?f~/ THE COLLIER COUNTY AGRICULTURAL FAIR - · and EXPOSITION, INC. O Collier County Fair 0~llier 751 39th Avenue N.E. ~'~7 Naples. FL 34120 (941) 455-1444 RECEIVED September 30. 1998 NOV 2 3 1998 Board Of Collier County Commissioners 3301 East Tamiami Trail Naples. FL 34103 Attention: Mr. Robert Mulhere Re: Request For Count,,' Fair Permit Dear Mr. Mulhere. In accordance with the provisions of Collier Count.,,' Ordinance No. 75-I 1. v,'e respectfully submit the following information and exhibits witnessing to our compliance to those requirements and our evidences of such. in the form ora petition to obtain thc subject permit. A. I. Logo 2. Sketch of site showing basic location of activities 3. Board of Directors 4. Evidence of publlc liability insurance 5. Activity description 6. Letter confirming refuse sen'ice 7. l.euer for private john use g. Letter confirming security t'rom Sheriff 9. Letter confirming emergency sen'ices 10. Letter confirming fire safety 11. I. and lease authorizing use of property located on tlighway 846. North Golden Gate 12. State Permit 13. Tax exempt sheet ,, DEC 1 5 1998 Board of Count',, Commissioners September 30, 1998 Page two B..~'.'aiver of Requirements We are requesting the Board of Collier Count)' Commissioners to waive the fo Iowinu requirements of Ordinance #75-I ] as you have in the past. because the Fair Association fails und~ the classification of a non-profit ornanization. I. Section 1 item 3.a. Suretv Bond 2. Section I item 3.c. Non-refundable Fee .3. Section I item 3.d. Occupational License In review of the request, should an,,' questions nrise, please do not hesitate to contact me at 455-1444. ' Ven., Truly Yours. Tero.'6,~ol fson. Pr~'sident Collier Count.,,' Agricuhural Fair and Exposition. Inc. TW:asw Enclosures DEC 1 S 199 RECEIVED 23rd ~'~OV 2 3 1998 COLLIE? ~O~','mv . ........ A~, .~ I CULTUPJ% L ' ' ....... P~ S~V~S FAIR :~.;P K'"nn~!TION Fair JANUARY Otb - '.r:,-~ ;99n 1998 ACORD.. CERTIFICATE OF LIABILITY INSURANCE- ';'-. ~ROOUCEN 08/19/98 913-432-4400 THIS CERTIFICATE IS ISSUED AS A MAI-i'ER OF INPORMATION Haas and Wilkerson, {nc. ONLY AND CONFERS NO RIGHTS UPON THE CEITTI TI~.J~ATE PO Box 2946 HOLDER. THIS CEFrrlFICATE DOES NOT AMEND. EX'T~ ALTER THE COVERAGE AFFORDED BY THE POLICIES Shawnee Mission. KS 66201-2946 COMPANIES AFFORDING COVERAGE ~ : A r,~ahonal Fire Insurance Collier County Agricultural Fair & Expo. COM~A.'~Y 751 39th Avenue Northeast C Naples FL 33964 D COVERAGES . :..' :.i::: ..~ :.' :. · . THIS IS TO CERTI~' THAT THE POLICIES O" INSURANCE LISTED BEL°W HAVE BEEN iSSUED TO THE INSUreD riAMEO ABOVE FOR THE POLICY PERIOD INOICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITIOti OF ANY COIITRACT OR OTHER DOCUMEI'IT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AhID COND,TIONS OF SUCH POUC,ES. LIMITS SHOW, MAY HAVE BEEN REDUCED BY PAID CLAIMS. A ~,~MERCIAL OENER.AL__.U.A~,L~ T'¢ M 133998752 t B/15/9B 8/15/g9 [ GENERAL AGGREGATE I J $ 5000000 ~ , '~ ! rE,scan. ~ ~v~u~ ; s 1000000 ?~ ~h OCCUR~[NCE : j ~. , s 1000000 ~-~ ...... [ ~,~ ~e ~. o...,.~ j s So00o I ~ O'~[0 AUTOS SCNEDU~D AUTOS~ BODILY I~U~Y ~ HIRED AUTOS ' ~ NONSKED AUTOS ~ ~OOlLY It~UaY ~ ~GE L~BI~ : ; ~CE~ ~Bm~v AGGAEGAT[ ~ UMBREL~, ~O~M ~C~ OCC'JnaENCE ~ ~ OTHEa T~'~ u~anEL~, rc~./ [ AOGnEOATE $ I WORK~5 COMPEN~TION AHD I THE PROPriETOr/ ~' ~EL ~CH ACCIDENT P~TNERS~XECUTIVE .... )~CL ) ' - t OKFICE~S AR~: [XCL ~l.~SE · POLICY UMIT ', OTHER ~ EL DIS~[ . ~ I MrLO~EE $ Ce~ilicale hoider is named as ~n ~dd~t~onel insured on lhe commermal generel liability policy, but only whh respec~ lo liebihty arising oul of Ihe homed insured's operatmons. CEflTIFI~TE HOLD~ CANCELATION Board of Collier County . ' ACORD 25-S (Iia5) 4.17 ' ~ AOORD ~RPO~TION l'J,, i_Pa. // I ACORD,. CERTIFICATE OF LIABILITY INSURANCE -- 0~/27/1998 PRODUCER (210)829-7634 FAX (210)829-76~6 IHI~E~IiFI~AIbI~I~UEDA~'AMAII~O~iNk~HMAilUN - ~en~el S, ,Kaliff Insurance ONLY ANO CONFERS NO RIGHTS UPON THE CERTIFiCATE HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR O. ~ox 171225 ALTER THE COVE~GE AFFORDED BY THE POLiCiES BELOW. ~n Antonio. TX 78217-1225 COMPANIES AFFORDING COVE~GE CO~x~v ~t. Paul Surplus Lines Ins. Co ~eggy ~. Schulc Ext: A iNSURED ~l;e Crass Shows Inc COuPA~Y ~eneral Star Indemnity P 0 Box 75244 B Tampa, FL 3~6~5 COMPANY C D TH~S IS TO C~R~'~'~T ~E POLICIES OF INSU~NCE LISTED BELOW ~VE BEEN ISSUED TO THE INSURED N~EO:ABovE FOR ~E POLICY PERIOD INDICTED. NO~STANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTACT OR O~ER OOCUMENT~ RESPECT TO ~ICH CERTIFICATE ~y BE ISSUED OR ~Y PERTAIN. THE INSUP~NCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE T~S, ~CLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHO'~ ~y HAVE BEEN REDUCED BY PAID C~IMS. CO L~ ~PE OF INSU~N~E POUCY NUMBER POLICY EFFEC~VE POLICY OA~ (MM/DO~) DATE {MM~D,~) c~s~ x occu= [,00.0~.0 OVmER'S & CONT~CTOR'S pRO t LCO5~22~7 06/13/1998 06/13/1999 ......... ~ ~.~.~.~..t P X BROAD FORM ~CM OCCURRE~tC[ S 1,.09~. 0 AUTOMOBILE ANY AUTO COMBINED SINGLE LIMIT ALL O~'~E0 A~OS SCHEDULED A~OS BODILY INJURY Hi,ED AUTOS NON~V~E~ A~OS 8OO~LY INJURY PROPER~ D~AGE $ GAUGE LIAB;M~ ANY AUTO AUTO ONLY · ~ ACCIDENT ~CH ACCIDENT ~CESS LIAB~M~ AGGREGATE "~ ........................... ~CH OCCURRENCE ~ ' 4 000,0 ~ UMBREL~ FO~ [XG359096 07/08/1998 66/1]/1999 AGGRE~TE $ 4,000,0 x OTHER T~UUB~SL~ ~O~U ...... WORKERS COMPENSA~ON AND S EMPLOYER~" UABIM~ TORY LIMITS ER ' ' EL ~CH ACCIDENT THE PROPRIE TOPJ ~CL P~TNER~'~ECUTP~ EL O'S~SE · POLICY LIMIT OFFICERS APE EXCL O~ER EL ~tSE~SE . EA E~/PLOYEE $ OF OPERA'noNs.'L~A T~ON,%/'VEHiCL ES.,SPECiAL iTEMS ADDITIONAL INSURED: THE COLLIER COUNTY FAIR ASSOCIATION: 80APD OF COUNTY COMHISSIONERS; COLLIER COUNTY GOVERNMENT: AS RESPECTS OPERATIONS OF NAMED INSURED EVENT DATES: 1-8-99 THROUGH 1-16-99 : ,. · · ~NCE~TION . SHOULD ANY OF ~E ABOVE DESCRIBED POMClES BE CANCEllED BEFORE EXPI~ON DATE ~EREOF. ~E ISSUING COMPANY ~[ END~VOR TO MAll. THE COLLIER QOUNTY FAiR ;,S$O{~ATiON ~DAYSWRI~ENNO~CETO~ECER~Fh;~TEHO~~ELEFT ATTN: AN~ WARD OUT FAIL~'RE ?O MAil SUCH NO ~C [ SHALL i~pt ;SE NO ~Ll~ ~ ~ LiABIU ~. '(f~.f~i and EXPOSITION, INC. Collier County Fair ¢r 751 39th Avenue N.E. 0)~mmt7 Naples, FL. 3.3964 (813) 455-1444 Activit7 Descr£ption List I. Blue Grass Shows - A. 25 Amusement Items B. Concessions 1. Cotton Candy 2. Popcorn 3. Candy Apples C. Games For Prizes I!. Display Booths A. Red Cross F. Home Econimlsts g. Ham Radio G. Military C. Mental Health. H. Emergency ~edica! Servic, D. Animal Care I. Women's Club E. Civil Defence J. Petting Zoo i!i. Exhibits A. Agriculture F. Hobby g. Livestock - ~.H/:-FA G. Culinary C. Horticu!tu=e H. Ca=sing D. Arts !. C!cthing E. Crafts J. Or=amental V. Concessions, Local Clubs, Orzanizations & Professio=al G~ou~s A.Hot Dogs F. Cake B. Hamburgers G. !ce Cream C. Sodas H. Foreign Foods D. Hero Sand"ich !. Fruit E. Candy ~ 'L' I':S S' '' __WASTEMG~IT. OF COLLIER COLqNTY ~oo ~xc,~,~o~. Av'Z. SERVICE AGREEMENT ~ r~ ~o.,~o~ NON-HA~RDOUS WASTE (9~I) 640.2212 F~ (94D ~-~6 151 NE 3~H A%~ I O~S~8 co~ ~ ~,,~o 941 455.14~ ANN WA~D 5 20 ~ CON~ALNER ON CALL , ~GR~M~ SU~J~ TO T~E T[~'.IS ~ ~IONS S~CFI~. C~GES IN YOUR S~VI~ LO~ON W~H~ O~ SE~I~ ~ 8~ NOT ~T ~ -, ,, ~ · , ~, CO~ COL~' FA~ ~1 4~6 1 A~: ANN W,%~ ~ ~ W 26.32 cl{^ RC, F.~[r R F. ct L'Z..!rr E_D) ;~0,0o ~o ~ co~,~'zn. ~UL~NC ;~9.o7 P~SE D~R ~ ~OLW EFPE~i 01.0~,99 P~ ANN L~ 1 ON SI~'ANN %%~M. ~L ~'~_N SIIE WAN~S ALL OF THEM PULLED AND C~CEL F~D '"'"' i 5 1998 P~nted On: 10299~ 16:31 [~[~~1 ¢;m,v x~[sT, & v,',-,~ or COLL]~:r~ C,','T¥ SERVICE AGREEMENT PO ~OX 6~85 ~ ~:,~s ~ ~9,,~ NON-HA~RDOUS WASTE (941~ 534.411~, 2258912 PO PO RT~.L~ CO~IER COU~ FAIR , CN CANCEL N~L~ COL FL 94120 ~ ~ 941 45~1444 { A~ WARD TH{.S ts A LEC~.LLY 8INO~NQ CONT::~,CT AND YOU AGIa. EE TO ACCEPT THE 9ERV'ICE9 AN0 EQUIPM~qt AT CHARGE6 .SMD F!R6OUENCY INDICATED ON AGRE'FJ/ENT SUBJECT TO ]'HE TERM9 A.NO CCNDFflON~] 9PECGIE'D. C~[A.NOE8 iN YOUR SE{::t',,'k2~ LOCaTiON wITHIN OUR Bi~'v'lC~ AREA SHALL NOT AF'FE. CT THE TER,',~ 5 OF T~IS AG P. EE~%~'?~T U;£~ESS WE PRCVIOE 3:3 DAY"3 WR.q-{' EN NOTICE OF TE"~MINATION. Ol.I_rV.l~ COUNTY FAIR 941 I~ ATTN: ANN WARD i UN' ,, 751 ,NE @ffI'H AVE ~ NApr.I:Lq I~L 34120 I I RV CLF. AF~~P_I%'R CLF~AN $PEACL~.L EVEN-F PO_L_~NCI3JDF-q CI.EANS~ BPECLAL EVE,%'r ACCOUN-T FO}{ ANNUAL FAIR DELIVFJ{ 20 UNrTS TIiUKS 1/5/98 CLF. A.N UNVrS DALLY l,'8.b't6 JAY'NEAN OR.I')ER DONE THE TERMS A.ND CONDfT$ONS ARE P.~4~T OF TH~9 AGREEMENT l l:¥LntedOn: 10,39;98 11:03 { P~3. Page~. ! of t - /..% C 98 EMERGENCY SERVICES DEPARTMENT 3301 E. TAMItMMI TR~L EMS / FIRE NAPLES, FL 3411~ (941) 774-8459 F~X (941) 775-4454 A CERTIFIED BLU£ CltIP CO~ltI'"NITY October 16,199g Terry \Kbl£son. ColLier Count' Fair Board 751 39th Avenue Naplcs, Florida 34120 Dc ar Tcrr~, %bi fson, Emergency .\lecL, cal Scrv,ccs wfiI be happy to again prov,de Par;uned:c Advanced l.,fc Support coverage for ~e Collier County I999 Fmr. ir ,s our understand,ag that thc F:ur u'fil run from.lanuan'. 8" through .lanua~' 16~'. L~ would apprcc,atc a calendar, md~cat:ng the houri of coverage needed each day. two weeks before ~e Fair's srartdate. XXh am dcd~carcdmdomgourpartto help the [:a~r Boaniach~cvc.~success~landsafe 1999~ier Count,' Fmr. Best ~gm rd~. RECEIVED OEC 1 S 1998 Collier County Govl. Complex Btd~. - J ,.3301 Tam~am~ Tra~l East. Naples. FL 3-:112 Telephone (AC 9411 7 October 8. 1998 Ms. Ann Ward COLLIER COUNTY FAIR BOARD 751 39th AvenueN~,, .~. Naples, FL 3,1120 RE: Fair Securitv Januar-.,' 8. i999 through Januap,' 16, i999 Dear M Thc Collier Count-,' Sheriff's Office will provide security for tile 1999 Annual Collier County [:air and Agricultural Exhibit. Security will be per our agreement and contract which will bring the Fair into compliance with Collier County Ordinance,, Chapter 8 1/4, Section 5 (2). I look for~vard to working with you at the Fair this year and it' I can be of any,' further assistance, please call me. ~ile r, Sheriff Collier C~unty, Florida DH:jab - RECEIVED t';0V 2 3 12:3 Pl..ANN~IG SERVICES ~',' E S U P P O R T :. *')r-~,, f?, n,ec.' and'¢.o~r,', L C L : ~ E q C O U N i v J ~ C ~ ; L' : ~ E ~ ~ WE SPONSOR ~ BIG CORKSCREW ISLAND FIRE CONTROL & RESCUE DISTRICT 132,10 lmmokalee Road Naplc~. Florida 34120 October 6, 1998 (94~) 657-6488 (941) 45S-1204 To The Collier County Fair Board: This letter is to confirm that the Big Corkscrew Island Fire Control & Rescue District will supply fire protection services for the 1999 Collier County Fair. All applicable fire codes will have to be enforced and adhered to for the safety of all concerned. The amount of donation requested for personnel and equipment $100.00 per day. If I or my staff can be of any further assistance, please call (941) 455-1204. Sincere. ly .---/' · -Frank O, Kov~rik Fire Chief RECEIVED NOV 2 3 ~223 ~:~-Azx~G SERVlC£S t ..,.j W,~I$ LL',S£ ^C2.ZL"'.IEh'T ta entered into this ay of ,¢. , 19~6, be:vecn the COLLIER COUNll FAIR AKD A~RICULI~JR~J~ F..T.i~O$ITIO~,. INC.. hereinsf:er referred to es "LF..SS EE", mad the ~dDARD OF COUNT]' CO ~'~, [ S S I C.~ E ~S OF COLLIER COUNTT, FLORIDA hereinafter referred aa "LESSOR", ~nd s¢~s forth the ter~ amd condltioos for util~zation of property located :n Oran~etree, aka North Coldem Cate, for the purpose of oPer~Ir, R a [al:Rround facillt?. WITN£SSE?~ A.RT[CLZ ' Demised Premises in ccnslder~:loo of the pay=eat of rents, services to the co~:=runity · nd facilIcies provided for country uae amd Cbc perfo~nce of the LESSEE hereby rcat~ [ro~ L~SOR the property described in Exhibit "A", a'ttached hcret~ and ~de a part ~ereof, and herei~fcer ~lled "~c=[sed F:e:lsee", situated In the County o[ Collle~ and State of Florida, far ~he purpose of opera~ing a falrgrcu~d facili:7' com~isCene ~'lch :he ~:crlh Colden Ca:e P.U.D. dot.tnt as recorded ~ :he Off~clal Kecords o: ~ol!ier County, Official Record ~ook 1180, Passs 1561 throush 1599. This ~urpc~e is to be considered a recreatio~l [aclli:y by the Ce~un[:>, De',elop~cr.t Division of Collier Coum~y. a~TlCtE ~. Te~ of Le~se To have and to hold for a tar= of fifty (50) years, to co~ence 3anusr... ii. l?a; .zd [~ ~e~lna~e on Ja~uar~ [4I 2037. ARTICLE 2. ~i"l:.: Re~: :. Premises :he ;..= of One Doli~r (11.00) per aanum, all o[ vhIch shall be due and }a?'a~le tn advance on ~he gate of execution o( this Lease Antes=eat by LE2SOR. DEC 1 5 1998 requZre~ u~er ~he ~tov~ona of thee :.~n¢ ~ree=~t, ~uc~ failure ~o this Agree=ant alter ~Lnety (~0) da?a uti:ten not:ce to LF.~Eg. :he deEaul: be Cured vltSl~ &he notice period. A-~?IC~E S. ~dI~Icat:.ons t~o Demised Prior to m. sLtnB any changes, alterations, mddlt:ona or to the Demised ?re.~aea, other than :home sho~ mhd descrtbed la the m~te plan mttmched, hereinafter referred to ma Exhibit "B", mttached hereto proposals an~ pinna for aZterat~O~a, ~prove~e~t~. changes or add~tlo~ to the De~ae~ Ptemiaea for ~SSOR'S vr:tte~ approval, apec~7~8 the nature a~d extent of the ~ea:ted a~cetat~on. ~prove=e~:, c~nse, add,Cio:, a:oog with the co=temple:ed etart~n~ amd co~let~oa t~ Eot such project. L~SSOR or it. deelgmee vi11 the~ have thirty (30) ~tth~ which to approve o~ deny I~ writing ~a:d request lot ~s bee~ ao response ft~ LESSOR ot ~ts dea~goee to aa~d proposals ot P~, the~ such silence ~hall be deemed aa 2entel to such request LESS~. I~ upou obta~g uti:ten consent and c~e~clng aai~ ch~gee' alterations, additlo:s or Improvements L._a~_ fall~ to Complete its vith~ tbs :o~le~ton tl~e a~ approved by L~SSO~, LESSOR ~y at electloo co:plate enid changes, l~ptovements, alterations, ot add&tlona. If ~ny costs ate ~nCurred by LESSOR aa the result of LESSEE'S failure begs, ~tatt or co:piece the proposed project and by L~SSOR's cO.let:on of the proposed project, :~en upo~ de=ao~ a~d vi:bin thirty (30) ~Tm the de.od, L~SgE ~hall pay :~ LESSOR the a:ou:: of co~t Incur:ed by L~SOR. :~o elec:~on to pcr~o~ by L~SSOR shall Conacicu:e waiver o~ covenant or obligation o~ LES5EE or ~ny ~ucurc default. and compl}. ail ;~e~cn~ and ~u:'Jte i~w~, Jrdlnances, ~dle~ A~ slte~eCiO~l, ~3p'rove~lenC s, end ed~.t2one to e~l~C ar.d to h,vi bec~ properCT o~ L~SOR l~ &ba~ re~ for the bene~lC of L~OR Ic Cbs e~d o~ the te~ o~ oche~ exploit:on at Ce~nacton reaso~ble v~c e~ reit excepted; provided, h~ever, :( p~Loc ce~t~c:oa o~ th~e Lease, ac vtchLn nLaet7 (90) ~r" chereafte~ Go ~:recca, ~S~ eha~ pro~pt~7 ce~ve the ad'ii,aaa, t~prove~e~Cl, er.~ :spear an7 da~8e occass~oned to the Oen~se~ pre:~aes br such re~v~ ~=d :~ ~e(au~C C~ereo~, ~SOR ~7 e~fecc ~:~ re~va[n a~ re~a:rn ac L~SE~'S ~T~CL~ 6. Access to Den~sed Pre~see L~SOR, ~:s du~r autbo~zed asante, cepcesen~c:vea a~ ecpLoyees' shaLE ~ve' ~'he c~Sht, aEcet teasoub2e aoc~ce co L~SS~g, :o eate~ · nd c~o~ the D~sed ~r~ses ac Inr part thereof aC I~ reasonable hours Ear the parpole oE u~g reps:ca a~d Ear the purposes o~ t~spectlon co=plla~ce with ~e provlaloua of this ~ase ~,TI~E 7. ~set~ent tad Suble~tt~r, L~S~ .s~....~.~.~t..~7 t~ asal8n this Agree=eat or any parc '~. :herca[ viChou~ P~to.~"~rlCten canaan: al L~SOR, ~x~'ep'c'"as oche~ise' L~SSEE ah~ll have lul~ rights and respo~alblllKy to contract ~or the Perfo~nces. co=cessione ~nd use~ which are :o be congucted De=lse~ ?:e=~ses. I~ the event chac a permanence, ac:ivl:~ or use ~equ:res ChaC LESSEE sublet the Dc~lsed Pcs:Iaea :~ vhole or 1: parC. for ) a per:~ e.xcec~tng.'/e~x~.(6),~aChs, ~t any coneecu:t~e s:~ (6) ceos, suc~ ~ub[ec s~H be ~ub]ecC Co the te~a and cone::~o~ o~ A~ree=e~: a~d prior vriCCen'~ppc~G~'l'~E~OR, uhich approval shall not ~e =easor. ably ~tchheld. , Subleases [ot.a period lees then iix (6) shell be subject Ca Che.te~e and conditions o~ this ARceeaenC buc shall' sac re,,dice pc~ot approva~'o~ the LE~soR. ' [ 15 998 the cpln:o~ at L~SOR L~SEg'S Il correc::ve ace!aa ia ~ot ta~a v~th~ [~e (S) ~7~ al the receipt of such aaclce. L[SSOR ~a7 cause the ~ame to be classed co.ac!tuts *2deC:anal rent vhLch I~IL be pard by LESSEE v&thl~ ten (10) 4aye .,f r~r.:~: o[ ur:Cten noetce o[ costa t~cu~red b7 L~SO~. ~e:a[c~, da~ge, :~jur7 costa, or c~rgee ~o~d lot ~7 v[olat~oe of nay lay ar or,:lance, uhethet occae~oaed b~ the eeglecc those holdlog under L~SEE, and ~t L~S~ ~ at all t~m de~e~d, c!a:r~, io~, l~jur'/, costa, ~a~&e ac expels arising ~C o~ or [roa any ~cc:~e~: ~r c:her OCCurrence ~ or sbic the Oe~l~ Pre~/ea causia~ lnJur~ co an7 per;au or perao~l property vholoe~et ~n~ ~acaoever, ~uc:~g :he :e~ o~ chis Lease or ~r exCeniloa hereof. ~e coec and expense, rubl:c llabll~cy t~urance aga~sc property da~ge or per~cm~: :njury arLs::g au: o[ or gr~ng ouC o~ cbc u~e of or occurr:~g on or abau: the De~lsed Pren~aes. a~ree:er,: cc:prehen~IVe~e~~ - Col:I:: :cu.cv to be rroVtded ~'~~%~~..~nd..Teq~ted by m:Our,: of prater:Ion ~[[otd~d Collier County by LESSEE mhall conCt~ua[~7 tel:ecl a ~:~ndard COVerage amount as requited b% the LESSOR'S f ., C~lliar Count? ~ha~ be liated aa am addition&! immured o~ meld poitc~. Al! lmaurance polytime required above shall be i.aUld mad w~Xtts= with a compam7 or companiea authorized to engage in t~e ~uel~eee o~ gsee~&! Ziab~llt7 ~:auranca Ln the State o~ Flor:ds amd nuChor~.zed to do belt=ell u~dmr ~he lavm o~ the State o~ Ylorlda, vtth the ~011c'~1~8 quiltE~¢at~o~ am to ~nmg~eat mad ~nanc~al ntreag:h: The company must be rated no leam es to financial rat:nE tn accordance with the !atent ed:tmon of ~eat'a ~ey Rating Culdm publ!shed b? A.X. Seat Co~.nany, ~ LESS~ ag:leG :o make co changea, or cancellations of the !~uraacm uLthouc Ch:roy (30) days prior vritte~ ~tice :o ~R. LESSE~ mhall also ensure ~ha~ the lasurance coverage provided accordance u~h chZs Lease .hail require ~ha~ che c~pany or c~pa~mm ur~g such In~urnnce Fo1~c7 .hall provide to LESSOR urt~ten ~ot~ce cancellation ~hlr~;J (30) days prior ~o the propomed cancellation. re~e~es the r~gh: co ren~ennbly a:end the Insurance require~nts by lma~nce of ~ot~cc :n vr:::ng :o LESSE~, vheteupo~ recelpt of such LESSE~ a~all have thirty (30) days Lq ~h~ch co obtaln much add:t~oua: I~ LESSZZ cannot obcatn tequ::eC :=eurance aa atate~ heret~ pertod hOC co exceed three (]) consecutive years, LESSOR ~y, mt optloa, Ce~lnace thcs Agreement after thirty (30) days vtittem ~ot~ce to LESSE~. unlese the default be cured v~Cl,~n the not:ce per~od. LESSOR. mhaXl be re~p~s~b~e ~or the d~re~t p.~e~ ~o ~hE .pprop~t~te co~p~ ~uch u:ill:le~ ~n4 re.ices ets available L~SSOR ~y tequi~e L~ to hook up co public voter and ~eve~ liaea ~c LR~SE~'S ~xpeaae. ~,T:~[ ~. ~o~t U~e oE De=teed L~SS~[ agtee~ to a~ L~SOR, ac ao coac to L[SSOR. to uae Pre.ace, ~ea sot occup~e~ b7 L~S[E. Such uaea ~F ~aciude. but ate hOC [~:ted to~ ~-~ actt~t:ea, recreational prompts ~d educstto~ uses. ~t~oc :o ached.~ng o~ events, LESSOR ahe~ provide to L~S~ ~:~ag a proposed schedule sad e~en: ~or LESSEE'S v:~tte~ ~PeC~Ttag t~ ~d sweat to ta~ p~ce. L~S~ or :is ~est~ee ~hau ~va thirty (]0) days vithta ~ich to approve or ~en7 :o said request for u~e o~ De~sed Pre~ise~. :~ a~ter ch:ri? (30) days c~ere has 'b'ee~ :o respo~e [r~ L~SSEE or ~ts ~es~R~ee :o sa:~ che~ ~uch s~cnce aha~ be ~eeeed ea den~a[ o~ such re~uee~ o~ LESSOR. L~SEE shall not unreasonably vit~9old i:~ coaee:t to such requested e=enc o~ acheduIin~ br L~SOR. L~SSOR will ~ ~o '~a? conflic: o: c~ete ~:h L~SSEE'.S ectlvitiea. LESSEE agree~ to ail~ Collier C~un:~,' .~.;r:cui:u:al Depart=est plant Crees on Demised Premlsee. Area, ~ha!i be ag:ced utc= by both Fart:es prior ~o say 71ant~ng on Oe~ed ?re--lace. Colller Coumty ~riculcural Depart~ea: assumes full reaponslbili:>, f:: :he research and study'. Cacill:!e~ ~nd roadway~ cons:~dcte~ cn :he adjacent. C=unty'-cvzeC !ands during :he regular!,/ ~cheduled Coil:er County F.~ir. except :n the !ncerfcrtuce rich regular business acc:'.'l:le~ on adJncen: pro;er::e~, vhlch cas~ notice ~11I be given to the LESSEE. la vriting, by the LES~n~_ LgSSOR and '=~ '- } Nc ~.JSc~ agree that the u~e o~ the :"er.l~ed 2re:i~ee ehal be ~ner~: rubllc, L~SSEE ~Rrees that L~SS~R ~v d.velo~ .rpto~X=.:~ly exac~ ~oc~oa cf ~h~ fac~[~7 .ha~ b~ d~t~L=~d b7 ~tua~ becveen L~SSOR and L~S~K. ~ac~l~aa =a~ ~aclude, bu~ are aoc ~ppropr:~ce llRhClnR' jo~xing p~th~, ~nd exercise ~t~tioo~. ~S~ have co~cro~ over ~he uae of the factZ~t~ea vtth the uu~erat~lag that they are for the u~e o~ the gener~ public. Said fac~]:t~ea a~ be an exte~oa o~ other ~prove~encs cona:~cted on the De.sad Pr~ses and ~y be utilize:, uhere appropriate, to support LESS~Z~S activities. LESSOR rets/ne access r~gh:s to enter upon the De.ned ~re~see for the Prealses shall ~e consc~cced v:t~:n ~o (2) /ears ~r~ the date of the execucLo~ o~ ~hLs Lease Agreece~C. LESSEE ~nd L~SOR shall s~te all ~:~ter~nce coec~ o~ said la~e, such ~te~ace shall be pet~o~d by the L~SOR. Futthe~te tvencr [~ve petc~t (2~Z) o~ the ~o~ re~ved ~{~ the ~ke shaZ: beZoag ~o and be used b7 cbs L~SOR. spoil shall be uae~ o~ the De:t~ed ?re.sea. ~%ZCL~ 12. De~aulca bv Fsllure of L~SSEE ~o cc:217 vlth any provision or ~re~e~c shall co=s~u:e a default. L~SOR ~y, aC Lta opc~, ce~tnace :his Agree:e~t after :~ety (90) ~ays vrLtten uotLce to L~S~, u~lcss :he default be Cured vichLm :he ~ocice per~od C/me as Is reasonably required Co correct ~uch default). H~er, tbs occurrence o~ a~y a[ :he [o~L¢~nR events sha~ co~ac~tuce (a) Abandor~enc of Demised Pre:Lees, revocation or dLslolut:oG of charter, or dtsccnci:ua:lan o£ L£SSEE'S operation, except ss p~ov:ded [or in Arc:els 9 o[ chis Agreement. LESSEE of an>' re?orr required to be furnished to LESSOR ?ur.¢uanc :o :he cer.-.s of :hr.. Lease. the event of the 'occurrence of any o~ the [OreRotng defiu/t~ in ~ ~ Article 12. LESSOR. besides cthe~ rl~hcs and re:e~lee It may ha~e. DEC 151998 / c~ve a~ ~ereons and propert~ ~r~ the Demised ~T:CLg :~. De,aunt by Lessor of any o~ :Ca obligations hereunder ualeaa a=d u=cL~ L~SOE /a~ed co per~o~ such ob/Lgatlo~a ~th~= chirr7 (30) ~Te (or ~ch add/ciooaL c~e aa :~ reasonably required to correct ~ch default) ~ter noc~ce co LESSOR by LESSEE ptoper~y apec~fy:ng vheret~ L~SOR ~aa failed :o perfor~ any such obLLgaC/oea. ~T[CLE 1~. NotIcea ~7 notice vhlch LESSOR or L~SEE ~y be required Co ~l~e oche~ par:? ~hall be ~n vriting Co the oche~ part7 at the Orlzl:ml to: Collier Cou=t7 ~aager Collier Cou~t7 F~Ir l~d Bulldlog "F" Agricultural Exl~oaitix~' Inc. Co~v to: P.O. Box 737 Re~l proper:r ~aage~enc Department Naples, florida 33939 3301T~/a'm'i Trail East Build[n~ "D" ~aplea, Florida 33962 ~TICLE ~. S~rrender of Pre~see L~Sf[ CovenanCa sod agrees to deliver up sod surrender to L~E possession of the De=ised Pre~es and auy l:proveme~cs to the D~aed Pre:ises upon explratlo: ol chis Lea~e, or i:a earlier taxation as herein provided, broo: clean and In as good Condition and repair mm the sa~e ~ha!1 be ac the co~ence:e~: of ~he :e~ of thin Lemme or ~7 harm been pu: by LESSOR or LESSEE du~iog the continuance thereof, ord~ Uear and :ear and domaRe b'/ ~lre or the els:eats beyond LESSEE'S control excepted. ARIiCLZ 15. Caade~a:l~a Clause I~ :he uhale property o~ :he 2e:l~ed rte:iaea shall be :akem or '.' COndemaed by any compeCem: euChori:y lot a:y public er quest-public Use or ~urpcse. :hen In chac event chin Leman and the :e~ o~ this Lease hereol snail cease and :e~ln~te as co the date upon vhtch the ti:la shall yes[ :hereSy in such auchortly and the rent hereunder shall be bu~lnes~ 1, ~terlally l:paired. ~hichever tm earlier. ~ DEC 15 1998 1 . .:[ only · part cl thc ~e=:ae~ Pre=iaea aha:: ~e ao take= or co:~e:~ed, th:a Lease and the ter~ ol thia La·as herec~ ah&fl ~ot ce·se or ta.r~It:ate, but the rent ~ayable hereunder after the date on vhlch I.ESSE~ shaLL be required to surrender pOaaesa{o: o! the ~arc o~ the De.teed ?rani. zee ·o t~e~ or co=dsm=ed ahall be te:uce~ PrOport:onate~y as of the date o~ ·uch co:der~atto~ cr dace 1~ which LZ:S:E'S ~um~=eee ~ter/a~ly ~palrtd, whichever Is earlier, l~ the re~ln~ng portlon of the De~aed Pre~se~ La not ~u~flClent ~o: the Operatic= o[ LESSEE'~S busiaemm, LESS~ ~7 cancel thl~ Lease by ~oti~yi:g LZSSOR within ninety (90) days oE the ta~ng of all or }ortlo~ ol the De:lied Pta=Cass. In :he er·nc o~ a~y &uca taki:g or cO=de--cio: in whole or In park ch· entire au·rd shall beloni :o LESSOR without any deductlon there~tom In the value oE the u:expire: te~ al :his Lea~e, or ~or any other estate or Citer·mc i= the De~sed Pre=Iaea aou or hereinafter Ye~ted in LESSEE. Furtherer· L~SEE hereby atslg:s :o the LESSO~ all o~ Its rights, - - e=d laCere~t In and to n:y al~ ~uch a~ard or a~aras ¥:thout any or all rights, ··tats, or a~y pa:: chermo~. ~;othlng he:el= Contal~e~ shall be consc~ed to pe~I: the L[SSoR to ~ke application cr clal= or to ret·LYe with re~pect to aY·rd ~e ~or :ovin~ e~pen~em an a~lova:ce with re~pect to trade f~turea a=d equl~e:: belongini to Any re-co~:~ctio~ requited as a result of a=7 takl:g as cesta:plated herel~ shall be at :he ~ole cost and expense o( the LESSOR Il cc:pS:Sated by the :akl:g auchorit./ f~r sa~d re-cocsc~ctlon. This Lease shall be gOver:e~ ~y a:: co=~:rue: 1: accordance vi:h the ~TiCLE ~7. General LESSOR ned LESSEE recoinize Chat Collier County (LESSOR) orlgieall7 acquired the De=Iaed Pre~sea through a conveyance by the Developer o[ ch· OranRetree Planeed UnIc Oevelup~eaC (~o~lly ~o~ as North Colden Gate) In accordance with development co~/tmente applicable thereto. It la further recoinized Chic the pote~tLal alVaym ex,ets that the ~evelopet o: the OranGetree Play.cd Unlt Develops·at or a third pert~ · annas Unit Develop~a{ (PUO)'~cumenc "k' :'~.~.?~.':'~, ~ :'l '. ~t[ O~ COe~ent Jurt~dtctto~ and ~'~'* imm menaced t"'~dt^tely upon much reconveyance a=d LESfiEE s~all reItnqutmh LESSEE Eutly underatandm that the police aod Isv en£orceme:t security protectio~ provided by lay eo~orcemcmt agent!em Eot the re£erenced Demised Premises is limited to thsr provided to any other business or agency situated iu Collier County..nd sck~o~ledgea that any spccZa[ security :easuTee deemed mecea~ar7 [or additio~[ protection the D~tsed Pre:t~e~ ehall be the mote reaponetbt11=~ *nd coat o~ amd shall ~voive :o coat o~ expense Co LESSO~. re[r~tn ~:== ~ny une off the Demised Pre~lses whXch ~aui~ ~ter~ere ~th ar ~ver~ely *Elect the operntion or ~intenance o~ LESSCR'S operattons a~ a~Jncenc property or ~ere other operattonn s~re c~ L~SEE"ahat~ not c~tt. or a~ to be c~ttte~, nny w~ste on the uae o= ,11ov the Demised Pr~es Co be used as ~ny unl=vEul CESSO~ nh~Z1 not be requlred co ~u~1~h the LKSSE~ any ~ , , .ac.l.t.ea or se~Ices of any kind vMtsoever dur!=g the te~ of this Lease, ~uch but not lib:ed to, racer, electricity, light and pcver, Eardealag outdoor ~lateoaace. I. ESSO~ ~hmll not be required to ~ke amy alteratlc~s, rebulldlngs, replacements, chun~es, addltlo:s, l:provementa or re~alc~ durl:~ ~he ~ald term o~ th!e Lease. The LESSES rill ant incur ~nv l~deb'ednese Blvl:~ a right to a cla~ of lien on the De:!~ed Prealse~ or upon the LESSEE'S lmceremt umder the Lease. Thc exlstemce of any such cla~ of lie~ for a period In excess o~ s-x.7 (60) daye after ~rit~en :oclce thereof to LESSEE or e L~ty (60) days a(ter knowledge thereof by LESSEE, shall constitute ~ =ateri~l breach of tht~ Lease. U~cn knowledge or notice LESSEE shall have ,aid clila of llen re=oved of record v~thin )lxty (60) day~ by paying or bonding ~a=e. LESSEE rill c~use to be ' lcd a Sottce mf Co=mace:eat *hovinB LiiSO and parties to rece!ve nottces under the Mechaotc's Lie= La~, All cooc~tn :he vor~ ,hall becc=s a part of the Demised ~temtaea. State of Florida, m~a7 succeed to the r~ghtm of the LESSEE t~ a piedse of credit and v~ll not constitute · dc~eu:t u~der thtm Lease. Upon co~:mencement o~ the [~tt~a! term o~ th~m Lease, LESSEE shall operate a ~a£rground ~a¢~lity as described above on the Dem£eed Prrmimem :n a businesslike a=d reputable m~nner. LESSEE covenants and aBrees not to uae, occupy, au~er or permit said De=lead ?re=ieee or any part thereo~ to be ueec or o¢cup:ed ~cr any purpose other t.~mn described above. ~.~TICL£ lB. E~fecttve Date Thi~ Lease ^~ree:ent shall bec~:.e e~ect~ve upon execution by both L~SSC~ a~d L~SE~. :,~ 6'[TNES$ 699L-2~EO?, the part:e~' hereto have hereunder set forth their h~n2s and '~als. AS TO ~g L~SOR: DAT~ :~ ~ " :.~ .... ~ ~o~ o? co~ co~ss~o~ COLL~SR ~, ~RIDA ~'TO'~SSE~:. , A~ to LESSOR OAT~: ".,.,. x' .' ~C .' ~x ,':'.:~ ~ ,:~Z S EL',' ~A, (C~C?~T~ S~L) ~ Aa ~o LESSEE Approved aa :o ~'o~"= and legal sufficiency: ~ . ge t ~,~a~t Co,,~y ~,y ' D~. 1 5 1998 I STATE OF FLORIDA DEI'ARTMENT OF AGRICULTURE & CONSUMER SERVICES TA LLA ItA SSEE (850) 487-4322 No: 1869 FAIR PERMIT October 1, 1998 Application and payment of fee itt the amount of $275.00 having been made to the Florida Department of Agriculture and Consumer Sen'ices pursuant to Florida Statutes 616.15, for a permit to conduct a public fair or exposition, and having been determined to be qualified by the Department, this Fair Permit is hereby issued to: Collier County Agricultural Fair attd Exposition, Inc. 751 39th Avenue Northeast Naples, Florida 34120 to cottduct a public fair or exposition at: 751 39th Avenue Northeast, Naples, Florida for the dates of January 8, 1999 through JanuaO, 16, 1999. BOB CRA WFORD COMMISSIONER OF AGRICULTURE Form .120603-099 1/93 151998 5'/ , TAX EXEMPTION CERTIFICATE Having been shown proof %hat the Commissioner of Agriculture has issue~ Fair Permit No. !869 to Collier County Aqricu!tura! Fair and Exposition,)Inc. Name of Fair Association under Chapter 616, Florida Statutes, this TAX EXEMPTION CERTIFICATE is ihereby issued to: Jim Muruhv d/b/a __, Mich__t~__R.lue Gras_s,, Sh~ws Name of Owner Trade Name 2032 South C!st S-~ ~ ~ ~~e~t Tampa FL 3605 Address City State Zip This Certificate exempts said traveling show from payment of all Occupational oLicenses while operating traveling shows, exhibitions, concessions and other amusement enterprises as defined in Section 616.12, Florida Statutes, in connection with the fair conducted by the above.named fair association at: 751 39th Avenue Northeast Naples Collier Place of Performance (Street or other location) City County Opening Date Closing Date Date of Issuance llect~r runty INSTRUCTIONS: Execute in quadruplicate as follows: White/Applicant Yellow/Tax Collector Pink/Sheriff · Gold/Dept. of Agriculture & Consumer Services Division of Marketing & Development 541 East Tennessee Street Tallahassee, FL 32308 i .J~7. , Form 06-102 t ; DEC; 1998 5 Florida Department o£Revenue · , Consumer's Certificate of ExemptionI This Cert,flcate is DR-14 Issued Pursuant to Chapter 212, Florida Statutes Non-:ransferable R. 0.1/97 Issue Dale Expiration Date Certificate Number Type of Organization 09/30/97 09/30/2002 21-07-01987~-700 F,~IR ASSOCI~T 101'~ This Certifies That COLLIER COUF;TY AGRICULTURAL FAIR AND EX~OSITION.INC. 75~ 3gTH AVE NE NAPLES FL 33964-1410 Is Exempt From the Payment of Sales and Use Tax on the Purchase or Lease of Tangible Personal Property, the Lease of Transient Rental Accommodations or Real Property. ~ L.H. Fuchs Executive Director DEC 1 5 1998 EXECUTIVE SUMMARY APPROVAL OF A LEASE AGREEMENT BETWEEN COLLIER COUNTY AND COLLIER ENTERPRISES REALTY GROUP, INC. ~: Approval of a l-ease Agreement between Collier County ("County") and Collier Enterprises Realty Group, Inc. ("Lessor") for office space for the ltousing and Urban Improvement Department. £ONSIDERATIO_~: The ltousing and Urban Improvement Department ("HUI") has been requested to relocate due to expansion within the Community Development and Environmental Services Division. HUI is presently located within the Community Development Building on Horseshoe Drive. The proposed office is located at 3050 North Horseshoe Drive, Suite 145, Naples, Florida, which is to the east of the Collier County Development Services Building. The Lease term is three (3) years with annual renewals. The Lease may be terminated at any time by providing the Lessor with ninety (90) day written notice. If the County elects to terminate the Lease prior to the scheduled termination date, the County shall compensate the Lessor for the unamortized portion of costs associated with improvements made to the Demised Premises by the Lessor. The annual rent ,"or the first year shall be Nineteen Thousand Nine Hundred Ninety-Two Dollars and No Cents ($19,992.00) to be paid in equal monthly installments of One Thousand Six Hundred Sixty-Six Dollars and 00 Cents ($1,666.00). After the first year, there shall be a four (4) percent increase from the previous year's rental amount for each renewal year of the Lease. In addition to rent, the Common Area Maintenance (CAM) charges shall be Six Hundred Ninety-Four Dollars and 17 Cents ($694.17) per month until December 31, 1998. At this time, the annual rental expenses shall be Twenty-Eight Thousand Three Hundred Twenty-Two Dollars and Four Cents ($28,322.04). The CAM charges may then be adjusted by the Lessor annually to reflect any increases in real estate taxes and/or operating costs. The County shall be responsible for all costs associated with janitorial costs, pest control, and the maintenance of heating and air conditioning systems. The attached Lease Agreement has been reviewed by the Office of the County Attorney, the/lousing Urban Improvement Department Director. the Community Development and Environmental Services Administrator, and thc Risk Management Director. ~~-~_I.P_,6_U~. ': The annual rental expenses shall be Twenty-Eight Thousand Three Hundred Twenty-Two Dollars and Four Cents ($28.322.04). This amount includes the annual rent of Nineteen Thousand Nine ]tundrcd Ninety-Two Dollars and No Cents ($1%992.00) to be paid in equal monthly installments of One Thousand Six lfundrcd Sixty-Six Dollars and 00 Cents ($1,666.00) and th~ monthly Common Area Maintenance (CAM) charges of Six Hundred Ninety-Four Dollars and 17 Cents ($694.17). $I0,000 of the rental cost will come from Fund 001, Cost Center 138710, Object Code 648160. The remaining balance orS18,000 will come from 113 Reserves for this year only. As Community Development retired its pro rata share of the Debt Service Bond early, the revenue from Department of Revenue, no.,' going to Fund 001, should more appropriately serve as a revenue source for Fund 113. We plan to use the revenue, approximately S28,000 per year, generated from DOR beginning in FY 2000. AGE ~t MA~.GE3,1E~_.I: None N,. ~ DEC 1 5 1998 RECOMMENDATION: That the Board of County Commissioners approve the Lease Agreement with Collier Enterprises Realty Group, Inc. and authorize its Chairman to execute same and approve any and all Budget Amendments concerning payments. Vincent A. C~tcr~, ~IC~ Administrator, Community Development and EnVironme~~ BEC: 1 15 1998 · AGENDA TRANSMITTAL SLIP Date Submitted 12/14/98 Requested Agenda Date: 12/15/98 ..... ,.~,._~,., .._)~.,7-~7_ _ ____~-'_ ~~~.~{~3jl ~ (4) Approval of Minutes ~ (5) Procl~ations ~ (6) Clerk ~ (7) Public Petitioos ~ (SA) Community Dev. & Env. Svcs. ~ {SB) Public Works ~ (8C) Public Services ~ (SD) Suppo~ Se~ices ~ (8E) CounW Manager ~ (% Attorney ~ (10) BCC ~ (I I) Other Constitutional Officers ~(12) Public Hearings ~ (13A} BZAPublicltcarings ~ (14)BCCCommunications , ~ (15) Communications ~ (16) Consent Agenda ~ Edward N. Finn Ed llschner Budget Analyst: ~q Division }t~~~ D:,,c' 12/14/98 Manager: Date: Item Title: CONSIDERATION AND A~PROVAI. OF AN IRRIGATION WATER SUPPL~ JOINT PARTICIPATION AGREEMENT. List of Documents Attached: I. Executive Summary (required) 2. Irrigation Joint Participation Agreement 5. EXECUTIVE SUMMARY CONSIDERATION AND APPROVAL OF AN IRRIGATION WATER SUPPLY JOINT PARTICIPATION AGREEMENT OB,IECTIVE: To obtain thc Board of County Commissioners consideration and approval of a joint participation agreement between the County and Collier I)cvclopment Corporation (CDC). The agreement proposes shared c~mstructiml funding for certain reclaimed irrigation system improvements as well as a reuse irrigation water supply agreement for CDC's Tract 21 development. CONSIDERAIIONS: Through the County's reclaimed water system tile County is supplying irrigation and fire protection water to Pelican Bay and irrigation water to certain other communities in Collier Count,,,'. In northern Collier County the source of "reclaimed" water is a combination treated reclaimed water (effluent) produced at tile North County Regional Wastewater Treatment Facility (NCRWWTF) and groundwater from the Pelican [3ay welltleld. The reclaimed water system is presently fully subscribed and capacity does not exist to provide reclaimed irrigation water to new customers. Additionally. tile present system of supplementing treated reclaimed water with untreated groundwater from tile Pelican Bay Wellfield creates water quality concerns involving odor and bacterial growth in Pelican Bay. The proposed agreement with CDC will make additional groundwater available tbr the reclaimed irrigation system and mitigate existing water quality concerns through construction of a 4.7 Million Gallon per Day (MGD) groundwater degasifier and odor control system. Tile agreement also commits thc Count.,.' to providing CDC's Tract 21 development with 800.000 gallons/day of reclaimed irrigation water. Thc principal elements and cost allocation of the CDC proposal are shown below: County Item No. Item % County Cost CDC % CDC Cost Total Cost 12" Raw Water Main, .A ImmokRdtoNRWWTF 100% S 74,318.75 0% $ S 74,318.75 Construct 4.7 mgd reuse ~rrigafion raw water degassifier/odor control ~--~ B ,NCRWWTF 83% 629,808.51 17% 129,191.49 759,000.00 12" Reclaimed Main, C NR'¢PAFFF Tract 21 0°/ 100% 139,150.00 139,150.00 D item C jack & Bore costs 0% 100% 20,872.50 20,872,50 Tract 21 8ack Pressure 'E Sustaining Valve I 0% 100% 31,625.00 31,625.00 Subtotal Phase 1 704,127.26 320,838.99 1,024,966.25 Phase tI-Welifieid F Improvements 20% 37,950.00 80% 151,800,00 189,750.00 Total 742,077.26 i 472,638.99 1,214,716.25 Tile project is broken into two phases. Under phase I, CDC will redirect tile 12" Pelican Bay Wellfield raw water main to the NCRWWTF (item A), providing .8 MGD additional raw water supply. CDC will design permit and construct a 4.7 MGD raw water degnsifier system at the NCRWWTF (item B), and construct a reclaimed water main with associated back pressure sustaining valves to serx, e Trn¢t ~1 .... ...... I I I ................... inl Illl I I .... [[11 [1[ [ [ , [ . ,,1 ,, .. _il i1 (items C.D & E). Under Phase I[. CDC will dcsign permit and construct an additional well & associated appurtenances at the Pelican Bay Wellfield (item F) providing I MGD additional raw water supply. The Cot, nty and CDC are investigating thc possibilily or eliminating tile separate reclaimed water main constrt,ction betv,'cen Goodlette-Frank Road and U.S. 41 it' tile existing 12" main can accommodate thc additional load to support CDC Tract 2 I. FISCAL IMPACT: This pro. ject is presently not budgeted. The total cost of the project is estimated to be $1,214.716. Under tile proposed agreement the County will be responsible for fimding improvc~ncnts totaling $742,077 while CDC will fund improvements totaling $472,639. Funding for the County's share of costs will require a budget amendment reducing reserves and creating a project number and budget to manage the project. Thc nature of the Phase I improvements require tile usc of Wastev,'ater Renewal and Replacement Capital Fund (414) fimds for tile 12" raw water main realignment, (item A), in the amount of S74,319 and the raw water degasifier (item B). in tile amot,nt of $629,808.51. Tile phase II hnprovemcnts to the Pelican Bay Wellfield (item F)? in the anlount of $37,950 will be funded from thc Wastcwater Impact Fee Fund (413). One of tile required budget amendments will reduce Fund 414-919010-993010 reserves for capital outlay by $704,128 and established a project budget in 414-263611. wastewatcr capital projects, in a like amount. The other budget amendment will reduce Fund 413-919010-993000 reserves for capital outlay by S37.950 and established a project budget in 4t3-263611, xvastewater capital projects, in a like amount. The current budget in filnd 413 reserves is $7,662,700. The current budget in fired 414 reserves is $1,490,759. CDC xvill incur construction-related costs and be reimbursed for such costs by thc County upon submission of appropriate documentation. Reimbursement requests will be submitte~ on a monthiy basis and be payable within 30 days. GROWTll MANAGEMENT IMPACT: None RECOMMENDATIONS: That the Board review and approve the Joint Participation and Effluent Agreement as attached hereto or with amendments, attthori×¢ tile chairman to sign tile agreement on behalf of the Board after review by the County Attorney's office for legal sufficiency, authorize staff to record the agreement in tile Public Records of Collier County and authorize tile necessary budget amendments as described herein. Edward N. Finn. Public ~,~orks Director ofOperatior~s / / APPROVED B _ I)ATE: . /',~,2-/4L-.- ,~:~ Ed llschner?Public Works Division Administrator ~0. ~ BEt; IRRIGATION WATER SUPPLY JOINT PARTICIPATION AGREE.MENT TItIS AGREEMENT is made and entered into as of this__ day of . 1998, by and between the COLLIER I)EVELOPMENT CORPORATION, whose address is 3003 North Tanniami Trail. Naples, Florida 34103 (hereinafter "CDC") and the BOARD OF COUNTY COMMISSIONERS OF COLI.IER COUN'rY, FI.ORII)A, ,\S Till'; EX-OFFICIO (;()VERNING II()AI~,I) ()F TIlE COLLIER COUNTY WATER-SEWER DISTRICT whose address is 3301 East Tamiami 'Frail. Naples, Florida 34112 (hereinafter "County"). W}tEREAS. CDC is tile owner of the project known as Beachwav PUD (Ord No.90-45) wi'rich is proposed to be amended and reduced in intensity and density and be rezoned to commercial and golf course uses to be known as "Collier Tract 21 PUD". situated in Collier County, Florida. Said project's legal description is attaclned as Exhibit "A" hereto anti incorporated therein by reference: and WHEREAS, the reduction in intensity and density proposed in the Collier Tract 21 PUD will result in less demand on the County's potable water and wastewater systems and facilities: and \VHEREAS. the Collier Tract 21 PUD ,,vill consist prinnarily of preserve areas and golf' course lands, and lbr which goll'coursc lands CDC requires a permanent source and a non-perpetual commitment from the County to provide water for irrigation: and WIIEREAS. CDC cannot build a golf course without an outside source for ir,'igation lbr said golf course: and Vv'tlER. E,.\$. CDC would not pursue thc Collier Tract 21 PUI) rezoning xvithout a permanent source for irrigation: and WHEREAS. subject to its ability to provide the irrigation water, the County is willing to provide said irrigation water for Collier Tract 21 PUD on a permanent basis, pursuant to the terms of this Agreement; and WHEREAS, CDC a:;serrs to tile County tlmt it is acting in reliance on this Agreement and substantially changing its position to its detriment by reducing the intensity and density of uses pe~itted based on the commitments tbr irrigation water provided by this Agreement: and ~ HEllAS. the County provides central sanitary sewer services to lands in and around the Collier Tract 21 PUD and as a result thereof, the County generates highly treated wastewater ("Effluent") which it wishes to dispose of through a permitted land application irrigntion process: and WHEREAS. CDC needs from the County for purposes of irrigation t~oughout the property within the Collier Tract 2t PUD up to 800,000 gallons/day of ~'irrigation water", which is herein defined as "untreated raw groundwater, or Effluent. or any combination thereof"; and .0._ I DEC I 5 I PG.~ _~ _ WHL:REAS, without supplementation by raw water `,,`.'ells. the County's current supply of Effluent is insufficient to allow thc County to commit to CDC and other property owners that thc County ,,,.'ill be able to pro`,'ide thc irrigation v.'atcr necessary to meet the amount needed by the Collier Tract 21 PUD and otlncr property owners; and WHEREAS. engineering calculations suggest tlnat redirecting thc Pelican Bay well field raw water main to the North County Regional \Vastewatcr Treatment Facility ,`,`'ill result in thc provision of additional supplemental raw v,.'ater yield in tile amount of g00,000 gallons/day and that said supplemental vidal can ttncn be distributed to customers through thc County's reuse water distribution system; and WI-IER[:,,,\S. the (',ountv and CDC desire to cater into an Agreement whereby CDC ',,`'ill coustruci capital improvements anti that will in part provide additional groundwater to be used ns a supplement in the County's Effluent irriuation~ system, and tile Count," ,` will commit to usc its best eflbrts in providimz~ the amount of irrigation water needed at tile Collier Tract 21 PUD; and 'V'/HEI~,EAS. thc parties hereto desire to set forth their respective rigNs and obligations regarding the provision of ttnis quantity of raw water to thc County and the County's provision of such quantities of irrigation water to the (_'oilier Tract 2I PUD. NOW. 'FI-[EREFORE. in consideration of the payment of'Fen Dollars ($10.00), thc commitments and obligations assumed hereunder and other valuable consideration, the receipt and sufficiency of which is herebv acknowledged, tile parties hereto agree as follows: I. RECITATIONS. The lbregoing Recitations are true and correct and incorporated herein as though fully set forth. 2. PROVISION OF C,,\PIT..\L INFRASTRUCTURE IMPROVEMENTS AND DELIVERY OF SUPPLEMENTAl. \VATER. The capital infrastructure improvements necessary to implement this agreement ,,,,'ill be constructed in two ptnases. Total cost of the proposed capital infrastructure improvements are shown on Exlnibit "C" attached hereto and made a part of this agreement. A. In Phase I. CDC herebv agrees to proceed expeditiously to construct a 4.7 MGD degasifier system to treat groundwater from the Pelican Bay \Vellfield. Tile degasifier system shall be constructed at the County's North Collier Regional \\:astewater Treatment Plant at an on-site location determined bv the County and the other improvements set Forth in the tables below, subject to reimbursement bv tile County according to the percentages set forth in said tables. Table I. The County agrees to fund its fair share portion of the total project cost which is estimated to be SI.024,967 but shall be based on the .,,'et to be ascertained actual project cost during the ten'n of tile construction, including authorized and accepted cost adjustments resulting From approved change orders, as follows: Description I County's Percentage County's Estimated Cost Contribution Cost Contribution A. 12" Raw Water Main from Immokalce Road to 100% $74,319 NCR\VWWTF. Including restoration B. 4.7 MGI) Dcgasificr system with odor scrubber 83% S629,809 and lift pump I S704,128 I Table 2. CDC agrees to fund its fair share portion of the total project cost which is estimated to be Sl.024.967 but shall be based on the vet to bt: ascertained actual project cost during the term of the construction, including authori×cd and accepted cost adjustments resulting from approved change orders, as follows: ] Description CDC's Percentage CDC's Estimated - Cost Contribution Cost Contribution C. 12" Reclaimed Water Main from Tract 21 to 100% $139,150 lmmokalee Road near Goodlettc-Frank Road D. US 41 Jack & Bore tbr 12" Reclaimed Water 100% $20.873 I Main B. 4.7 :MGD Degasificr System with Odor Scrubber 17% 5129.191 and Lift Pump E. Back l'rcssure Sustaining Valve Assembly 100% [ $31,625 I Total} S320.839 I 1 B. In ?hast II. CDC shall apply lbr and use its best efforts to obtain necessary approvals and permit modifications for the County to increase the permitted withdraxval capacity on the County's property generally known as the Pelican Bay \Vellfield and. as legally described and set forth in Exhibit "B" attached hereto and incorporated herein bv reference, by an additional 1.000,000 gallons per day of groundwater for tile purpose of supplementing the County's Effluent supply. Subject to the partial reimbursement specified herein, CDC shall pay the pro-rata costs and expenses for the engineering desigm construction and permitting of new well(s) and appurtenant pump(s) necessary to provide net yield of groundwater for the County Effluent system in the amount of 800,000 gallons per day. County shall bt~ tile applicant lbr all permit applications in connection with this Agreement. except as to downstream of the Point of Delivery (hereinafter defined). County shall reimburse CDC for twenty percent (20%) of the to be ascertained actual costs and expenses for engineering, permitting and construction of the well(s), as certified by' CDC's engineer and approved by the County's Public \\"orks Administrator. Within thirty (30) days of said certification CDC shall convey the well(s) and appurtenant pump(s) to the County for ownership, operation and maintenance. ~0. ~~.~ DEC C. CDC will be responsible for the permitting inspection, contract administration, project management, and coordination of tasks £or the improvement projects. CDC shall bid all work, and shall consult with the County in selection of the General Contractors. '~Work" shall mean all construction' activities required for the improvement projects as shown on plans and specifications to be furnished by CDC. During the Phase I improvements. County shall reimburse CDC t\'~r the County's proportionate share of each draw. within thirty {30) days of the receipt of an approved and certified contractor's application for payment. If it is determined that modification to a project inlprovemcnt is required due to unforeseeable circumstances, and as a result thereof an increase in cost results, the parties shall share in tile increased cost according to their above specified proportionate share of the estimated construction costs. D. Upon completion of each phase of. tile improvement projects. CDC shall, at the earliest date practicable, furnish County with two copies of its finnl and complete billing of' all costs incurred in conjunction v;ith tile work performed hereunder, such statement to follow as closely as possible the order of the items contained in thc job estimate. Thc final billing shall show the description and site of' the project; the date on which thc Iirst work was perlbrmed: the date on which tile earliest item of' billed expense xvas incurred; the ctatc on which the last work was perlbrmed or the last item of billed expense was incurred; and tile location in Collicr C.'ountv where the records and accounts bill can be audited. Sufficient reference shall bc made in the billing to CDC records, accounts or other relevant documents. All cost records and accounts shall be subject to audit by representatives of either party, at their election, and shall be maintained by CDC for at least five (5) >'ears f'rom the date of the final billing. E. County shall make every cflbrt to identify the location of.existing utilities that may be affected bv tile construction activitv. If any such utilities are owned by Collier County, County will coordinate with the appropriate agency to ensure that work is allowed to commence with a minimum of disruption or delay. Any damage caused to other utilities not included in this agreement shall be the responsibility of' the contractor employed by CDC to perform the required construction work pursuant to this agreement. F. Upon completion and acceptance o£ each phase of the improvements, County shall own. operate and maintain the improvements upstream of tile "Point of Delivery", as hereinafter defined. CD~ shall own, operate and maintain the irrigation water distribution system and related lake storage facility, iif. any, downstream of the Point of Detivcry. Point of'Delivery is used as singular or plural, as the context requires. 3. DEl.[VERY OF EFFLUEN'F. Upon completion, conveyance and acceptance of that portion of.the Phase I improvements identified as ",V' in 'Fable 1 and "C". "D" and "E" in 'Fable.:"' of. Paragraph 2A.. the County hereby agrees to deliver and CDC agrees to take_irrigation water up to 800,000 gallons per day ("GPD") to the Point of Delivery located at tile Collier Tract 21 PUD site, as hereinafter defined, at such times and in the manner set tbrth herein. If the supplemental yield from reconstructing the Pelican Bay xvell field water main delivery point results in less than the projected g00,000 gallons/day, then CDC's quantity of irrigation water pledged under this agreement shall be reduced to the actual additional yield resulting from tile completion of the Phase I improvement identified as "A" in Table 1. and if this event occurs, CDC,_' shall be entitleci to receive 800,000 GPD when the Phase II improvements are completed. CDC shall be responsible, at its own cost and expense to permit and construct an extension of the County's Eftluent transmission line fronl its present point of ternlination as described and set forth in ~0. 5~(-~).1 ..... [ I Exhibit "C" to the l'oint of Delivery. Upon completion of construction. CDC shall convey the transmission line to the County For ownership, operation and maintenance. County agrees that because of the Phase i improvements to be constructed bv CDC:, County shall use its best eflbrts to deliver a minimum 800,000 gallons of irrigatim~ water t~ tl~c Tract 21 PlJ[) mi a first priority basis, befor~ delivering i~igation water to other property owners. In thc event CDC builds its own transmission line, County shall not permit any other property owner to connect to the Eftluent transmission line extension constructed by CDC. ~ 4. ACCEPTANCE OF EFF[.UENT. CDC agrees to accept irrigation water produced by the County'~ supplemental groundwater wells and wastewater treatment systems in such amounts and at such times as CDC may determine in its sole discretion, up to a maximum of g00.000 GPD. Notwithstanding any provision to the contrary in this Agreement, CDC's obligation to accept such irrigation water shall be conditioned upon receipt by CDC of approvals l?om all regulatoo' agencies with jurisdiction over the matter, provided that CDC shall usc its best cflbrts to obtain such approvals. As a prerequisite to thc delivery of irrigation water. CDC shall construct on its prope~y a storage facility' sufficient to meet all applicable local, state, and t~deral rules and regulatory requirements fdr storage of Effluent in the quantities provicted Jbr under this Agreement. It shall be CDC's obligation to do whatever is required by all applicable regulatory agencies in order to store and dispose oFall Effluent it may accept hereunder, including by way of example and without limitation, construction of holdin0 facilities, construction, maintenance and sampling t?om monitoring wells required by the Florid~ Department of Environmental Protection CDEP"). } Pursuant to cu~ent DEP requirements, the pa~ies anticipate that CDC shall be required t6 construct wet weather Effluent storage for a period of one (1) dav t~r the maximum of 800,000 GPD af capacity to be disposed of under ~his Agreement, or a total of 800.000 GPD of storage facilities. This on~ (1) day requirement is subject to change based on modification of current DEP requirements or sit~ specific conditions. Notwithstanding any other provision to the contrary in this Agreement, in tim event of such changes. CDC shall, at its sole election, either construct sufficient wet weather facilities sufficient to meet re~ulatorv~ stora¢,e= requirements For the tull 800.000 GPD, or forfeit its right to that quantity o~t' irrigation water lbr which it Fails to provide the DEP required storage capacity. 5. POINT OF DELIVERY DEFINED. The Point of Delivery of irrigation water shall be where the irri~ation water passes l~om the _ountvs Effluent trnnsmission line to the CDC's on-site lake storag~ l~cility, as described on Exhibit "E" attached hereto. The County shall own. opernte and maintain th i=igation water transmission system and related storage tScilities, and shall be deemed to be in possessio' and control of the irrigation water therein, upstream of the Point of Delivery. CDC shall own, operate an. maintain the irrigation water ctistribution system and related lake storage l~cility, if any, and shall b deemed to be in possession and control of the irrigation water therein, downstream of the Point o Delivery. Point of Delivery is used as singular or plural, as the context requires. : 6. ~O~NTY'~ R~SPO~I~[I.ITIES UPSTREAM OF POINT OF DELIVERY. Except as provide~ in Paragraph Numbers 2 and o. herein above the County shall be responsible for the design constructional permitting, financing of all costs and placing in operation the i~igation water delivery system up to th~ ~.~ ~) 1 ,' 5 Point of Delivcrv. The County shall bear all costs of operation and maintenance of the irrigation water' delivery, system up to and including the Point of Delivery. 7. CDC'S RESPONSIBILITIES DO\X,%rSTREAM OF POINT OF I)EI,IVF, RY. CDC shall take f'ull responsibility /'or the design, construction, permitting, financing of all costs and placing in operation the irrigation water delivery system downstream of the Point of Delivery. CDC shall bear all costs of operation and maintenance of the irrigation water delivery system downstream of the Point of Delivery. CDC shall maintain all irrigation water ctistribution facilities downstream of the Point of Delivery at standards equal to the maintenance standards for comparable utility l:acilities maintained by the County. 8. CHARGE FOR IRRIGATION \\"ATF_R. A. [:or furnisl'fing of irrigation water, tile County shall initially charge and CI)C si'mil pay the sum orS.13 per thousand gallons (hereinafter referred to as "Eflluent Rate") lbr irrigation water. Said Effluent Rate shall be in effect commencing at the time County begins delivery and remain in effect for a minimum of three (3) ,,,'ears from that date. After tile initial three (3) 3'ear period, tile County shall have the right to' decrease or increase tile Effluent Rate once annually upon providing thirty (30) clays prior v,'filten notice ora rate change and explanation of thc reasons lbr such change. Delivery ,,','ill be available to Cotlicr l'ract 21 PUD on or before June 15, 1999. B. The County shall bill CDC rnonthlv for the actual number of gallons of irrigation water accepted by the Collier Tract 21 PUD from the County. Ill the event that CDC '.'.'ill not accept thc full amount of 800.000 GPD for any days(s'). CDC shall notil\' County by ~elephonc at least 48 hours in advance of such event. Payment shall be made by CDC to tile County withir! thirty (30) days following receipt of this irrigation water bill. CDC acknowledges that in the event the tees. rates or charges of the services and lhcilities provided for under this Agreement shall not be paid and become delinquent, any unpaid balaace and all interest accruing thereon shall be a lien on the affected property pursuant to Chapter I53. Part I[. Florida Statutes. as amended. CDC shall pa.,.' to the County the monthly amount of $770 as an availability charge with said charge to be based on the prevailing availability charge for a twelve inch water meter, regardless of whether or not the user takes effluent. At such time as the County's irrigation water effluent rates arc ad. justed to cover the Countv's cost of providing the irrigation water'or effluent, or when the County provides a County Water Sewer District wide irrigation water or et'tlt,ent~ utility system, whichever first occurs, the monthly availability charge shall tcrnfinate. C. Should CDC request a test (bench or otherwise) of its irrigation water meter, it shall deposit with the County an amount equal to the estimated actual cost of testing. If the meter is t'ot,nd to reuister in excess of the accuracv limits prescribed bv the American \\"aterworks Association, tile deposit .~hatl be refunded: if below such accuracy limit, the deposit shall be retained bv the County as a service charge for conducting the test. An,.' excess charges previously paid bv CDC to the County hereunder, fc, r a period not to exceed six (6) months, which can be attributed to such inaccuracy, shall be promptly refunded to CDC. ,,\n',,' under charges not previously collected shall be collected t'ror'n CDC. lbr a period not to exceed six (6) months, which can be attributed to such inaccuracy, and shall be promptly paid by CDC. 9. IRRIGATION WATER .:\V.--XILABII_ITY. The County shall take all necessary steps (best eftbrts) to ensure availability to CDC of the agreed upon quantity of irrigation water during arty 24-hour period. It 6 D E [ 1 5 1..988 is the express intention of this Agreement that this quantity of irrigation water shall bc available fi~r withdrawal by' CDC at an,',' time during any 24-hour period. I0. USE OF EFFLUENT. Except as set forth in this Agreement. CDC shall accept tile irrigation water delivered by the County' and use it for irrigation on the Property in an,,, manner determined by CDC~ provided that use of the irrigation water containing Eftluent shall be consistent with local, state nn~ federal regulations. Except as the normal use of the irrigation system may incidentally spray EfI]uent into th~ lakes, ponds, ditches and sloughs on the Property. CDC shall not discharge Effluent directly into the surface waters of the State of' Florida without written authorization from the Florida Department of Environmental Protection. CDC shall take all reasonable precautions, including signs and labeling, to prevent confusion betweer~ irrigation water sources and other water sources downstream of the Point of Delivery. The County shall bt: deemed to be in possession and control of the irrigation xvater until it shall have been delivered to CiDC at thc Point of Delivery. after which delivery CDC shall be deemed to be in possession and control o£the irrigation water. 11. [.EVE[. OF TREATMENT. Thc County agrees to deliver only properly treated F. fllt,cnt, or untreated raw water, or potable water to the Point of Delivery. For purposes of this Agreement. properly treated Effluent shall be defined as a "polished" Effluent from a tertiary treatment process which involve~i secondary wastewater treatment filtration and high level disinfection c(ischarged from the County's sewei plant which meets or exceeds the then applicable standard established for reclaimed water reused'in publi~ access areas as set Forth in Florida ~\dministrative Code Rule 17-610 or its successor rule as amended [Yom time to time. The ['il'tluent shall also meet the then applicable requirements of permits issued b~ local, state and federal regulatory agencies with jurisdiction over such activities. CDC shall have no obligation to accept Eftluent that is not properly treated as defined herein. The County further agrees to usc all dj tigent efforts to promptly' divert the flew'of inadequately treated Ef/lue.nt, to an upset pond or tank for re-treatment, or take such other action as may be reasonably required to avoid tile delivery el" improperly treated Effluent. In the event tile County is unable to divert such water, after diligent effort, then CDC shall be entitled to a credit against charges for costs incurred in disposing of this inadequately treated Effluent. This section shall not apply to any costs incurred in handling Effluent which was delivered properly treated, but which becomes unaccept~able Ibr irrigation purposes on CI')C's sideofthePointofDeliverv. CDC shall maintain the quantity and quatity of Effluent in its transmissiom storage and distribution system at a level which will permit delivery and disposal of Effluent in a manner consistent with the then applicable requirements of the County's DEP permit and this Agreement. CDC agrees to take necessary precautions to insure that irrigation water nnd reuse lines are properly identitied and that cross-connection with potable water lines or service does not occur. 12. CONTINUING RI'GI-ITS OF CDC. CDC retains the right, followint~ notice to the County. to movc. relocate and install new and/or additional irrigation water Disposal System discharge pipes' and devices on the Collier Tract 21 PUD at its expense, provided, however, that such action shall not restricf the County s rights as created heret>v. 13. INDEMNIFICATION. CDC hereby saves and holds the County harmless from and aeainstlany claims or demands made by appropriate county, slate or federal ofticials relative to compliance with regulator>' requirements concerning application and disposal of the Effluent downstream of the Point of Deliver3.', as \yell as against claims made by third parties for money damages resulting t?om downstream contact with such Effluent, provided, the Eftluent delivered to Point of Delivery is properly treated as herein defined. 14. TERM. This Agrccmcnt shall remain in effect for an initial period of thirty (30) years unless terminated as provided for in this Agreement. Following the initial thirty (30) year period, this agreement shall be atttomatically extended fi~r tv,'o (2) ten (10) year pcriods, unless dire and unforeseen and extenuating circumstances occur which arc beyond the control of either party. After these fifty (50) years, this agreement ma,,,' be extended by mutual agreement and such extension(s) will not be unnecessarily witl'&eld by either party. 'Fen (10) .','car extensions are anticipated. 15. CDC'S RIGHT TO TERMINATION: AGREEMENT RUNS WITH LAND. CDC shall have the right to terminate this Agreement if the County continually £ails to deliver irrigation water, under the terms and conditions as set forth in this Agreement. CDC sh~ll have the ritzht to sell, transfer or encum~ ber the land areas irrigated v.'ith the irritzation water and described in Exhibit A." So long as use of the property shall continue primarily for the golf course purposes intended by this Agreement, the County and any subsequent part5· in interest shall be bound by this Agreement unless modified by mutual consent of the County and the buyer, or transferee, or successor in interest to the CDC. In the event the Board of Countv Commissioners approves a zoning change for CDC's property from the primary, use as a uolfcourse, CD(5 shall have the right to terminate this Agreement. ~ 16. COIrNTY'S RIG/IT O .... - T._ .r:.,~v_p4 .......:x. The County shall have the right to terminate this A[zreement if the CDC illevallv disposes of or uses irrigation water containinu F. ffluent, or if the CDC fails to pa>,', after 90 davs written notice, delinquent tees. rates, or charues tbr~he services and facilities provided for under this Agreement. 17. TIME OF TERMINATION. \\,"here practicable, termination on the part of either party shall 'not occur belbre one hundred and eighty (180) days after the terminating party has notified the other party in writing its intent to terminate the agreement. 18. ATTORNEY'S FEES. In thc event it becomes necessar,,' lbr either pan,.' to litigate in order to enforce its rights under the terms of this Agreement. then the prevailing pan,,, shall be entitled to reimbursement of its litigation costs, including but limited to. reasonable attorney's fees. includintz those caused by appellate proceedings, bv the other party. 19. FURTHER ASSURANCES. The parties agree that at an.,,, time after the execution hereof, thev will, upon the request of the other party, execute and deliver such other documents and further assurances as may be reasonably required bv such other part5' in order to carry out the intent of the Agreement. 8 ! ~'~. ~t3 . 20. REGUI..ATOP, Y AUTttORITY. The provisions et'this Agreement shall at all tin'ms be subjec{ to the exercise of la,.,,'l\fl regulator.,,' authority. This Agreement shall be governed by Florida la,.,,', and the Collier County Utilities Standards and Procedures Ordinance or its successor in Function. 21. NOTICES. Until further written notice bv either party, and except fi'~r emergencies, nil notices provided for herein shall be in ,a'riting and transmitted bv certilied mail. return receipt requested, nnd shall be addressed as follows: To CDC: Collier Dcvelopmcrlt Corporation: 3003 North Tamiami Trail Naples. Florida 34103 To thc Count,.': llt;ard of County Commissioners 3301 East Tamiami Trail Naples. Florida 34112 Ail notices provided for herein shall be deemed to have been duly given upon the deliver?' thereof by hand to thc appropriate address as evidenced by a signed receipt for same. or by the receipt of certified, return receipt, mail. or by courier service receipt therefor, evidencing delivery of such notice. 22. FORCE .XbX.IEI...'RE...\cts of God such as storms, earthquakes, land subsidence, strikes, lockouts or other industrial disturbances, acts of public enem?', wars, blockades, riots, acts of armed lbrces, delays bt' carriers, inability to obtain materials or rights-of-way, acts of public authority, regt, latory aucncies, or courts, or an,,' other cause, whether thc same kind is enumerated herein, not v,'ithin the control oFCDC or the County, and which by thc exercise of due diligence. CDC or the County is unable to overcome, wgich prevents tlne pcrt'ormancc of al! or any specific part of this Agreement. shall excuse performance of said part of this ..\grcer~cnt until such tbrcc majeure is abated or overcome. 23. CDC EMERGENCY SI'['[.i.AT[ONS. In the event of an emergency, as defined below, CDC s~all notify an,,' o£ those County representatives set Ibrth herein and reqt:est that the pumping of Effluent temporarily cease. Such notice shall be in writing where circumstances permit and. in thc event of an immediate emergency, such notice ma,:' be by telephone with subsequent written confim'mtior~. It is understood by the parties that County anticipates that it can assist CDC with the storage and non-delivery of treated Effluent tbr a period not to exceed three (3) days ill such an emergency situation. Such storaue of Effluent. however, shall be subject to the then existing and applicable rules, regulations and directives of the Department of Environmental Protection. Ernergencies shall include but shall not be limited to: A. Climatic conditions such as hurricnnes, floods or unseasonably excessive rainfifll which ma~e it impossible for CDC to accept the treated Effluent. B. Short term equipment or material failure making it impossible for CDC tc) store or distrigute the treated Effluent. C. ,,\n .Act of God which makes it impossible tbr CDC to accept, store or distribute the treated Effluent. 24. NOTIFICATION OF COb.'NTY. Those representatives of County who shall be notified in the event of an emergency are: A. Collier County Public Works Administrator I'hone: (941)732-2575 3301 E. Tamiami Trail Naples. Florida 34112 B. Collier County Wastewater Director Phone: (941)732-2554 3301 E. Tamiami Trail Naples. Florida 34112 C. Reuse Coordinator. Phone: 941-593-0336 '" '~ 0 .)~ Jl E. Tamiami Trail .Naples. Florida 34112 25. COUNTY NOT LIABLE FOR FAILURE TO DELIVER IRRIGATION WATER. The County shall not be liable by CDC for failure to deliver irrigation water if a reasonable situation preventing such deliver3,' exists. County shall exercise due diligence to resolve any such situation and resume delivery, at the earliest possible time. Such situations shall include, but not be limited to: A. Contamination. or equipment or material failure in the irrigation water delivery, system, including storage and pumping. B. An Act of God which makes delivery by the County not reasonably feasible or impossible. C. Continuing to deliver irrigation water would violate an applicable law, rule, or regulation, which then prohibits such continual delivery. 26. NOTIFICATION OF CDC. The representative of CDC who shall be notified in the event of an emergency or County's inability to delivery irrigation water is' Michael J. Bruet. Development Manager Collier Development Corporation 3003 North Tarniami Trail Naples, FI_. .~4103 Phone: (941 )261-4455 If and xvhen emergency situations occur, the County will notify CDC by telephone and follow up wit'h a letter stating the nature of the emergency and the anticipated duration. 27. W'RITTEN NOTICE OF ADDRESSES AND TELEPHONE CHANGES REQUIRED. The County and the CDC may change the above mailing addresses and/or phone numbers at any time upon giving the other part.',' v,'ritten notification by certified mail. return receipt requested. 28. BINDING EFFECT. This Agreement shall be binding upon and enure to the benefit of the parties hereto and their respective successors and assigns. Except as specifically provided herein, neither party shall have the right to assign or otherwise transfer this Agreement without the prior written consent of the other part3,, which consent shall not be unreasonably withheld. Unauthorized assignment or other transfer to DEL: i 5 lsd,8 shall be void Ab initio, ltl the event of any such assignment or transfer, such assignee shall be required to assume, in writing, all rights, duties and obligations under this Agreement. This Agreement may be assigned by CDC to an affiliated company to which assignment tile County hereby consents. CDC shall promptly provide written notice of this assignment to the County. 29. COUN fi:RI ARIS. This ..\grcement may be executed in an,.' number of counterparts, each of which shall bc all original, but such counterparts shall together constitute but one anti the same instrument. 30. ACCESS. The County shall have the right, but not the duty, to enter upon the Property of CDC to review and inspect at reasonable tin-ms the practices of CDC with respect to conditions agreed to herein. Such entry shall normally be for the purpose of review of the operation of the irrigation system, for inspection of distribution mains and appurtenances, and tbr sampling at an',' monitoring wells located on the propert>; of'CDC. CDC may have a representative accompany the County personnel. All such on-site monitoring shall be at tile County's expense and all such inspections and monitoring shall be conducted in a manner as not to unreasonably interfere with the activities or rights of CDC or others with access to tile Collier Tract 21 PUD. Upton conclusion of' such inspections and monitoring activities, tile County agrees to restore thc Collier Tract 21 PUD to its prior condition, 31. THIRD P.,\RTY BENEVICI,-XRIES. This Agreement is solely for the benefit of the parties hereto, and their successors in interest, and no ri,,ht= or cause of action shall accrue upon or by reason hereofi to or for the benefit of an,.' third party not a signatory party hereto. 32. SEX,"EI~\BILITY. If any part of this Agreement is tbund invalid or unentbrceable by anx' court. such invalidity or unenforceabilitv shall not affect the other parts of ti'tis Agreement. absent material prejudice to one or tile other part.,,'. 33. RECORDATION. This Agreement shall be recorded by the County in tile Public Records,of Collier County. Florida. 34. ENTIRE AGREF, MENT: AMENDMENT. This Agreement constitutes the entire agreement between tile parties with respect to the subject mattel' referenced herein. :\nv amendment hereto shall be in writing duly executed by the parties hereto, or their successors in interest to the Propert.v. Course of conduct between the parties shall be a waiver of any term of this Agreement. _,_. IN WITNESS \VHEREOF. CDC and tile County have executed or have caused this Agreement. with the named Exhibits attached, to be duty executed on the date noted immediately below. DATED: COI..LIER DEVELOPMENT CORPORATION Bv Signature Printed Name Title STATE OF FLORIDA COUNTY OF COL[.IER The tbregoing instrument was acknowledged belbre me this ~ day' of . 1998, by , as of Collier Development Corporation, who is __. personally known to me, or __ who has produced i as identification. Signature of Notan.' Public Notary Public - State of Florida Commission No.: ATTEST: BOARD OF COUNTY COMMISSIONERS OF DWIGHT E. BROCK. Clerk COLLIER COUNTY, FLORIDA, AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER COUNTY By: By: Deputy Clerk BARBAILA B. BERRY, Chairman (Attest as to Chairman's signature only.) Approved as to fom~l and legal sufficiency: Assistant County Attorney EXECUTIVE SUMMARY Report on Services Provided to the City of Marco Island CONSIDERATIONS: On December 8~h the Board of County Commissioners directed staff to prepare a report detailing the services which are provided by Collier County within the corporate limits of the City of Marco Island, the existing and pending interlocal agreements for the provision of same, and the mechanisms for and implications of the discontinuance of such services and agreements. Many of the services that the County provides to the residents of Marco Island are services that are provided county-wide and funded through the general fund or other county-wide source. Examples include Pollution Control and Natural Resources, Domestic Animal Services, Library operations, Social and Veteran Services, Medical Examiner services (via contract), and others. These county- wide services remain intact outside of the necessity for interlocal agreement or other cooperative mechanism. It is recommended that this continue. The remaining service issues will be discussed on a division-by division basis. Public Works · Solid Waste - The existing franchise agreement for solid waste collection gives the County, in cases of annexation or incorporation, the ability to amend the franchise area to exclude the incorporated area with 60 days' notice to the franchisee. Since the franchise fee is paid in advance by the individual property owner, making this amendment mid-year would necessitate a refunding of a portion of the fee. This would require a considerable amount of administrative process, but could be accomplished. The County also operates a solid waste transfer station on Marco Island that serves the City. The transfer station could be closed by action of the Board of County Commissioners. · Marco Sewer District - The County provides wastewater collection services to a limited portion of Marco Island. Florida Water Services Inc., the treatment provider, has expressed interest in acquiring the assets of the District, but the County has agreed to hold that discussion in abeyance for one year to give the City an opportunity to assume control of the assets, at no cost, if they wish. The Board of County Commissioners may, by direction to staff, commence negotiation toward the sale of the District's assets to Florida Water. Community Development and Environmental Services · Code Enforcement - By prior action the Board of County Commissioners has directed staff to discontinue assistance to City staff on open enforcement cases that have been turned over to the City. · Contractor Licensing - The BCC has approved an interlocal agreement to allow County staff to provide this service to the City on a contract basis. This agreement has not yet been adopted by the City, and was scheduled for their consideration on December 11. If the agreement was not adopted by the City Council, the Boards previous action can be considered void. Otherlssues · Sheriff's Marco Island Substation - This building is the property of Collier County. Subject to the Board's fulfilling it's responsibility to provide office space in an alternative location, this building could be closed and declared surplus. FISCAL IMPACT: The removal of Marco Island from the solid waste collection franchise would require a refunding of approximately $300,000 of prepaid fees (assuming a March 1 effective date). This money is offset by lowered payments for to the franchisee for services rendered. There would likely be costs associated with the relocation of the Marco Substation staff. These costs have not yet been determined. GROVVTH MANAGEMENT IMPACT: There are no concurrency-related issues related to this discussion. RECOMMENDATION: That the Board of County Commissioners give direction to staff on each of the service delivery issues as appropriate. Michael A. McNees, Assistant County Administrator Approved By: "/'~," ----J.:.~' ~, ~ f. c,/6X Robert F. Fernandez,,.G ,' ,' ,' ,'~, unty Administrator EXECUTIVE SUMMARY " REPORT REGARDING STATUS'OF PROPOSED ETHICS ORDINANCE. ~ To inform the Board of County Commissioners ("Board") regarding the County Attorney's preparation of the proposed Ethics Ordinance. CONSIDERATIONS: On September 15, 1998 the Board directed the Office ofthe County Attorney to prepare and advertise a proposed Ethics Ordinance. The Office of the County Attorney is in the process of preparing a draft ordinance (copy attached) but needs direction from the Board in regard to two important problematic areas. First, the Board previously directed thai the County Attorney adopt and incorporate by reference the Chapter 112, Florida Statutes, Ethics Standards and make them subject to local criminal misdemeanor penalties and enforcement under the authority of Section 125.69, Florida Statutes. Discussion with the Office of the State Attorney has resulted in the County Attorney discovering legal authority which appears to forbid. this approach. Specifically, in State v. Smith, 584 So. 2d 145 (Fla. 2nd DCA 1991), it was held that a state statute making open containers of alcohol in motor vehicles violations noncriminal superseded a county ordinance which attempted to criminalize the same violation. A copy of said case is enclosed for your review, it is the opinion of the Office of the County Attorney that this case prohibits the County from criminalizing the same ethics standards violations which are made noncriminal in Chapter 112, Florida Statutes. The other area of significant concern in regard to the proposed Ethics Ordinance is the composition of the proposed Ethics Advisory Panel for ti,a County. Specifically, the question arises whether the membership of said panel can include individuals who are not licensed to practice law in the state of Florida. This question exists because the members of the panel would be analyzing potential conduct of members of the Board or of County employees and rendering opinions as to whether such conduct would comply with the ethics standards established under the law. The Office of the County Attorney posed this question to the Florida Bar, Unlicensed Practice of Law Office. Attached please find the response received from that office. Although the response indicates that it would take a year for a formal opinion on this subject, the response also states that the UPL office was unable to locate any case law on the issue. The cases cited in the response letter raised concerns for the Office of the County Attorney based on the following definition of the Unlicensed Practice of Law found at the Florida Bar v. Moses, 380 So. 2d 412, 414 (Fla. 1980): No. DEC 1 5 1 198 "... if the giving of such advice and performance of such services affect important rights of a person under the law. and if the reasonable protection of the rights and property of those advised and served requires that the persons giving such advice possess legal skill and a knowledge of the law greater than that possessed by the average citizen, then the giving of such advice and the performance of such services by one for another as a course of conduct constitute the practice of law. Spero', supra, 140 So. 2d at 591." The Office of the Count3' Attorney believes that one way to deal with this problem is to appoint members to the panel who are licensed to practice law in the state of Florida. If the Board adopts this approach, the remaining issue would then be in regard to malpractice insurance coverage for the members as ,,,.'ell as compliance with other Florida Bar attorney-client rules. Upon receiving direction from the Board on the above mentioned critical two issues, the Count,,' Attorney's Office will then finish its preparation of the Ordinance for advertising. In the meantime, the Office of the County Attorney will also continue to work and have dialog with the Sheriffs Office. the Office of the State Attorney and the Office of the Clerk of the Courts to coordinate the functions of the different offices with the provisions of the proposed Ordinance. FISCAL IMPACT: None. GROWTH 5IA.N'AGEMENT IMPACT: None. I¢,ECOMMENDATION: That the Board of County Commissioners give direction to the Office of the County Attorney regarding the proposed Collier County Ethics Ordinance. Ramiro Mafiaq'fch, Chief Assistant County Attorney APPROVED BY: Date: County Attorney AGENDA. ilEM O h:GB'ExSum-EIhics Orr Dec 15-RM NO.. 6 Z C 2 P~' ~ DRAFT ORDINANCE NO. 98- AN ORDINANCE PROVIDING FOR TIlE ES'FABIASIIFIENT OF LOCAl. ETIIICS STANDARDS A~ND FOR ENFORCEbIENT THEREOF; PROVIDING FOR TITI.E AND CITATION; PROVIDING FOR FINDINGS; I'ROVIDING FOR DEFINITIONS; PROVIDING FOR STANDARDS OF CONDUCT FOR PUBLIC OFFICERS AND EMPLOYEES; PROVIDING FOR LOBBYIST RE(;ISTRATION AND REPORTING; PR()VIDING FOR APPI.ICABILITY TO ALL ELECTED OFFICERS IN COI.I.IER COUNTY; PROVIDING FOR ADVISORY PANEl.; PROVIDING FOR SUPPLEMENTAL PROVISIONS; PROVIDING FOR COM PI,Al NI"S; · t'ROVIDING FOR PENALTIES; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; I'ROVIDIN('; FOR CONFI,IC'F AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE, ',','}{EP. EA.q.C.'h;~p~cr 112, Part I11, Florida Statutes, establishes a code of ethics and provides slandards of conduct for public officers and employees; and WHEREAS. Section 125.01¢1). Florida Statutes. authorizes the governing body of a count,. 1o adopt ordinances .'md resolutions necessary for the exercise of its powers and to prescribe fines and penalties for the violation of ordinances in accordance with the law; and \VItEREAS;. thc ('c,llicr County Board of County Commissioners CBoard") appointed an Ad Hoc Ethics St;mdards Rcxicw Committee CCommittce"~ on June 16. 1995 by Resolution No. 0S. 1 $o: and WHEREAS. said Committee met. discussed and presented a report to the Boa. rd on September 15. 1998 recommending that the Board adopt a local ethics code; and \",'}tEREAS. the Board Oesircs to adopt a local ethics law that will complement the State <andards set funh m (.'hupter 112. Florida Statutes, as well as create more efficient local enforccn~ent and provide additional requirements that will serve to promote and protect thc public's tn.,sl m the:r local government. NOW. THEREFORE. BE IT ORDAINED BY THE BOARD OF COUN'I~' CO.'4 MISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: TITLE AND CITATION. This Ordinance shall be known and cited as the ~Collier Count;,' Ethics Ordinance." AGENDA. ITEM No.~ q(a) DRAFT SI-;¢'1'1ON TWO: FINDINGS. Thc report submitled Io the Collier County Board of County Commissioners CRoard') by thc Ad }loc Ethics Stand,ds Review Committee ('Committee') recommends the adoption of a local ethics code. 2. The adoption of a local ethics code, incorporating and expanding upon the provisions of Chapter 112. Part III, Florida Stalutes. shall serve the public purpose of promoting and protecling the public's trust in its local government, 3. Section I12.326. Florida Statutes, aulhorizcs the Board to impose more stringent standards of conduct and disclosure requirements beyond those specified in Chapter 112, I'ar~ 111. Florida Statutes, upon its own officers and employees provided that said standards of conduc! and disclosure requirements do not olhc~'isc conflict with Chapter I 12. Ir'am Iit. Florida Statules. 4. Section 125.69(1), Florida Statutes, provides, in pertinen! part, Ihal violations of comw,, ordinances shall be pros¢culed in th{: same manner as misdemeanors are proscculcd. Such violations shall be punished by a fine nol to exceed $500.00 or by imprisonment in tt~¢ coumy jail not Io exceed sixty (60) days or by both such fine and m~pri~onmcnt, Thc Board further finds that an efficient method for lhe delcrminalion of a!lcgalions of unethical conduct by county officers or employees is through an ordinance providing For local s~andards orconduct and local enforcement thereof. 5. Thc [3oard finds O~at the legislative intent and decimation of policies set forth in Section 112.31 I. Florida Statutes. sets forth a laudable philosophy regarding Ihe purpose, sci,pc and application of ethics laws in relation to county officers and employees. To Illill C'TI(I. thc Board desires to incorporate the standards of conduct set forth in Chapter 112. Parl 111. Florida Statules, into lhis Ordinance. O. Section I 12.313(13), Florida Statutes, authorizes the Board to adopt an ordinance cstablishin~z post-cmploymen! restrictions for cerlain designated county employees. The Board further finds that said restr/ctions should apply only 1o those certain designated County employees who bcgm~ their employment wilh County L~ovemment subsequent lo Seplcmber 15. 1998. AGEND,~ I~EM No._ qC it) - 2- GEC I 5 19gB DRAFT '[he Board fimls fha! Ibc opcr.~lion of opcn and rcs~msihle govcmmcnt r~uircs ~l~e fulles~ (,ppommity lo be afforded lo Ibc people lo pcthion their govemmcnl, for the redress .f grievances and to express freely their opinions on legislative action. Fu~her. fl~c Board finds fl~at presort'alton of the integrity of the governmental decision- m~i~g pr~)cess is essential to the continued functioning of an open govemmem. ~erefore, order to prcscn'e and maintain the imegfily citizens of thc efforts to influence legislative brach action, the Bo~d finds it n~ess~ ~(~ require thc pubhc disclosure or the identity and expenditures of certain pe~ons who attempt lo lnflum~cc aclions of thc Bo~d. ~cction II 2.3148(2)(b). Florida Statules. authorizes the Bo~d to establish a local rcg~strul~on ami reporting process for lobbyists. The Bo~d finds lhal such a registration process sera'es Io promote and protect governmental integrity ~ well ~ to foster open govc~lrllCllt. Thc B~ard finds that thc cslablishmcnt ora local ethics panel to provide adviso~ ~pini(ms ti, County officers and employees sca'es the valid public pu~ose of providing (~h. jcctjx e and mdcpcndcnl guidance Io County officers and employees in order to ensure ~heir fl~ll compliance with local and state ethics laws, SEC'I'IO5 '[tlREE: DEFINITIOn'S. I. F~r ~hc pumoses of lhis Ordinance. the definitions contained in Chapter 112. Pa~ Ill. FIc~rlda S~a~mcs. shall apply and control unless Ibc tcxl ~dtor context of this (hdma~cc provides othe~vise. 2 "C,unb' 31an~gerial Employee" shall mean the Counly Administrator, Assistant Count), Administrator, Courtly Auomey. Chief Assis~t County Allomey all Di~ ision Admi~lis~rators of Collier County Gove~ent. JQUESTION: ~hould positions be listed and do ~e include any authority direclors~J 3 "l,obbyin~" shall mean influencing or attempting to influence legislative action or r~on-action through oral or wfilten communication or ~ ~tlempt to obtain the g~ will of ~ member or employee of the Bo~d. "Lobbying" shall also me~ ~eking lo cr~c(,t~rage ~l~e passa~c, detent, or modification of: (a) ~y ordin~ce, resolution, aclion or decision or thc Board: ~2) ~y action, decision or recommendation of ~y County AGENDf 3- 1 5 1998 P~. DRAFT ~r C(,IlltIlJlICC'; or (."{) .3~ly action, decision or rccommcndalion oJ'Counly employees durJnl~ I]lC [JlllC period of thc entire decision-making process on such aclion, decision or recommendation which £orcsccably will bc hc~d or reviewed by the Board, or a County hoard or committee. 4. "I.obh.','i~t" shall mcan ;my person who is employed or receives paymcnl, or who contracts I'or economic consideration, for thc purpose of lobbying, or a person who is principally employed rot govcrnmcmal afl'aim by ~nothcr person or govcrm'ncntal cnlit¥ Io Iohby on hchall' of that other person or governmental entity. This d¢~nition includes any persons, fim~s, corpor~lions or o[hcr business entities employed or r¢laincd by a p,'incipal v. ho seeks ~o conduct lobbying. Tl~c definition specifically includes Ibc prmcip,~J, :~s well ~s any a~cnl, of'ricer or employee or a principal, regardless of whct~cr such lobbying aclivitics fall within lhc normal scope of employment of such agenl. officer or employee. 5. "Public Officer", for purposes of the application of the standards of conduct set f,~r~h in Section [:our I'except as othcp, vise expressly providedL shall have the meaning pr,,',idcd in C'hap~cr II2. Pa,"1 Ill. Florida Statutes. "Public Officer", for all other purposes under this ()rdinance shall mean thc members of the Board ... ? "Public Employee". for purposes of the application of the stand,ds of conduct set forth in Section Four (except as olhe~'ise expressly provided), shall have the mc:ming pr(~vldcd in Chapter 112, Pan Iii, Florida Statutes. "Public Employee", for all ~,thcr purposes under this Ordinance shall mean any person employed by thc Board ICounlyL or an.',' of ils deparlments, agencies, authorities or boards, whether on a full- rune ur par~-hme ba.s~s, as well as County managerial employees. "Public Employee" shah not include unpaid volunteers, unless expressly provided lo thc contrary in this Ordinance. SECTIOb' FOUR: STANDARDS OF CO,NDUCT FOR PUBLIC OFFICERS AND Ebl PLO'I'£ES. I. The standards of conduct for public officers and employees set forth in Sections I12.311 through 112.3173, Florida Statutes, are hereby adopted and incorporated by AGEND& IT, EM 4. 1 5 1998 DRAFT rcfcrcncc ~ Ibc slandards o£ conducl Io ~ovcm public or~ccr~ and cmployccs in Collicr 2. Additional posl-cmploymcnt restrictions: A '<~ CounL~ mana~cn.',l employee shall personally represent anothcr person ~r cntiiy for compcnsalion before Ibc government body or a~¢ncy of which the individual ,.vas an officer or employee for a period of two years following x:~cnfic, n ~sf office, resignation of employmenl, or termination of employment, as applicable, except for the purposes of collective bargaining. B. [QUESTION - Do we u, ant the addilionsfl restriction conl,,ined ~! city .rdinance provision Section 3(F)(2) ?1 L'. These l',OSt-crnplo)mcnt rcstricUons shall apply only to those County ,~:magcrial employees who began employment with Collier Counly Government ~,~ or after September 15. ]998. ~E("I'I()?,' FIVE: I,OBBYIST REGISTRATION AND REPORTING. I. Ail h,bb)'ists shall, before engaging in an)' lobbying activities, register with thc Clerk It, the Board. Every person required to so register shall: register on forms prepared UIc~k: p;Lv a ~¢gistrafion fcc of $25.00; and state under oath his or her name, 1!3C business address. Ibc na~nc and business address o1' each person or entity which has cmplo.,.'cd said registrar lo lobby, and thc specific issue on which he or she has been employed lo lobby lt'thc lobbyist rcprcsenls a corporation, panncrship or trust, the chic£ ,,fficcr. partner or beneficiary shall also bc idcnufied. Wilhou! limiting thc foregoing, iht l,,hbFis: sh,alI also idenliffv all persons holding, directly or indireclly, a 5% or more t,~.~ ncrship interest in such corporation, partnership or trusl. A separale registration shall I~c req,ired for each specific lobbying issue. Such issue shall be described in as much delail as is pr,actical, including but not limited to a specific description (where applicable) ~,f a pending rcqucsl for a proposal, invitation Io bid, public heanng, etc. The Clerk to the Board shall reject an.'.' registration statement which does nol provide, description of the specific issue in which such lobbyist has been employed to lobby. Registration of all lobbyists shall be required prior lo October I of each odd numbered year and each person ,.~ht, x~.ifl~dra,.,,s as a lobbyist for a particular client shall file an appropriate notice of No. D,-" c ! 5 1998 PIt'. DRAFT wifi~dra~af. Initially, all Iobbyisls shall rcgislcr on or bcror~ FcbruaO, I. 1999. The ~c-gisiralion fees required hy Ihis section shall he deposited by thc Clerk Io the Board into ;~ separate account ami shall be expended for Iht purpose of recording, transcribing, ;.Iminislration and other costs incurred in maintaining ll~cs¢ records for availability to thc public. There shall Dc no Icc required for filing a notice o£withdrawal a~d the Bozrd tony, in ils discretion, waive Ihc rcgJstralion fcc upon a finding of financial ha'dship. ~. Thc £ollowing pcrsons shall not hc required Io rcgislcr as lobbyists: A. Any public officer, crnpIoyc¢ or appointee who only appears in his or her official capacity. B. I,a~v cnforccmcnl personnel conducting an investigation. (', An.',' person who only appears in his or her individual capacity for the purpose of self-representation v,'ilhou! compensation or reimbursement, whether dire'cl, indirec! or contingent, lo express support of or opposition to any item. 3. Any person x~ ho only appears as a representative of a not-for-profit corporation ,,r cmitv (such ~ a charitable organization, a neighborhood association, or a trade ;~s~t~c~ahon or trade union), wilhou! special compensation or reimbursement for their :~ppcarance. wheO~¢r direct, indirecl or conlingem, to express support of or opposition to m~?' ilcm. shah regislcr with thc Clerk as required by this section, but, upon requesl, shall m,: be required m pa.',' any registration fees. 4. An)' person who appears as a representative for an individual or firm for an oral ?rc5e~'~t:~Iit~t~ before a CounLv certification, evaluation, selection, technical review or similar committee, shall list on an affidavit provided by the County. all individuals who m.~v make a presentation. The affidavit shall be filed by staff with the Clerk to the ll~,,d's Office at the time thc proposal is submmed. For the purpose of this section only, Ibc listed members of the prescnlation team shall not be required to pay any registration Ices. No person shall appcm' before any County committee or boa~d on behalf of an i.dividual or firm unless he or she has been listed as part oflhe firm's presentation team pursuant to this paragraph or unless he or she is registered with the Clerk to the Board's (ffficc and has paid all applicable fees. AGENDA ITEM No. '1 0. D'-,7. C 1 5 1968 .g. ? . DRAFT 5. On or before February l, 1999, and on February I of each yeal' thereafter, all l(,hbyists shall submil lo the Clerk Io lhe Boazd a signed slalement under oath listing all lobbying expenditures relating to Collier County in excess of 525.00 for the preceding c;dcndar .','car. A 5talcmenl shall be filed even ifthcrc have been no expenditm'es during thc reporting period. 6. TI~c Clerk to lhe Board shall keep accurale a,~d complete records on a quarlerly and annu:d ba.,,is rctl,.:'cting the lobbyist regislrations which have been filed in accordmace ~,. ith this SCCll¢~n. In addition ~o thc penalties providcd in Section Ten of Ihis Ordinance. the Bo~d m:Cv reprim;md, censure, suspend or prohibit any person from lobbying before the Board ur any committee, board or personnel of the County provided that any suspension or p~uhibiliun m~w not. exceed a period of two years. 'lhe validity of an5' action or determination o£ the Board or of any County i,crsonncI, hoard or commmee, shall not be affecled by the failure of any lobbyist lo c~m~ply x~ ith lt~e provisions of this section. 9. A 1,hhvJsI v. ho has rcgislercd with the Clerk to lhe Board may correct or amend ;,:s ur her rcg~slratiun I'onn al any lime by Ihe submission of a subsequent regislralion h,m. under o;~th, sclfing forth thc conect or additional information that thc lobbyist ?.t~hcs tu place on file. A stalcmcn! lhat Iht subscqucnl registration form corrects or :m~mlds thc previous registration form shall be inserled in the body o£ the Slalement, ~,)lu:g Ibc substance o1' the correction or amendment. The rcgistralJon form shall be ~,~rected or amemtcd if an), malerial f, cl concerning the purpose for which the person(s) on whose bch,qlf Ihe lobbyist filed the rcgistrauon form changes. lo. A reg~str;~lion fomi that is not renewed by the end of the period for which it is filed shall expire and may not thereafter be relied upon by the lobbyist in ~uppon of lobbying activities before thc Board, its personnel, boards or committees. .SECTION SIX: APPLICABILITY TO ALL ELECT£D OFFICIALS IN COI.IAER COUNTY. AGENDA ITEM No. c/(~) - [;;:C 1 5 1998 ! , lO DRAFT SECTION SEVEN: ,\I)VISORY PANEl,. I. Creation: There is hereby created the "Collier Count)' Ethics Advisor), Panel," ("Panel"J, the purpose of which is 1o serve as a source of guidance for proper ethical conduct of public officers and employees and Io provide a local forum for consideration ofclhicaJ problems and solulions. 2. Composilion: Thc Panel shall be composed of Ihrec members appointed by resolution o£ Ire Board. Said members shall be judges who have relired, in good slanding, from Iht judiciary of the Slate of Florida or of any other stale of thc Untied Stales. Said members shall be permanent residents and clcclors of the Counly. Appoimmcnl o£ members Io Ire Panel shall be by resolution of the Board, which resolution shall scl forlh thc dale ofappoinlmcn! a~d Ire Icrm ofofflce. In the event thai there ;~'e no -.pplicalions from a retired judge, other appointments ma)' still be made by thc Board. In no cvcm shall a member of the Panel be a public officer or employee of C'olIicr Cotmlv or an officer, employee or member of any of ils agencies, authorities. bnards or ad,.'i.~oO' commiuees. No member shall be an active State or Counly Court .fudge or a currcnl member of a Stale Attorney or Public Defender Office. 3 Terms or Office: Ire initial lerms of office of Ire Panel ~,'ill be as follows: one member shall ser','z f~r one .','ear; one member shall serve for lwo years: and one member shall sep..t, for three .','ears. 'Thereafter each appointment, or reappointment, shall be for a term of two years. A member of Ire Panel may be reappointed by the Board for one successive Icm~ lto'.,,cver, other qualified applicams ma)' be considered for any vacancy. ..~,ppoinlmcr~t~ to fill an',' vacancies on lhe Panel shall be for thc remainder of lhe unexpired tem~ et'office. 4. Failure to Attend Meetings: a member of the Panel ma)' be removed from office, with or ~,ithout cause, by a majority vole of the Board. If any member of the Panel fail,: Jo attend two consecutive Panel meetings without a satisfactory excuse or if* member i, absent for more than one-half of Panel meetings in a given fiscal year, the Boa.rd shall declare thc member's seal lo be vacant and thc vacancy shall be filled by the Board. 5. Officers. Quorum. Rules o£Procedure: AGENDA ITEM C. 1 5 1998 DRAFT A. Am~ually thc membership orlhe Panel shall elect a Chairman from among Iht members. Thc Chairman's ~Cml shall be for one year with eligibilily for rcclcctitm. B. Thc presence of lwo members shall constilule a quorum n~cssa~ action and Iransam business. In addition. ~ a~alive vole of two membem shall be nccessag' in order lo lake o~cial action, regardless of whether two or more members ;,re present at thc meeting. The l';mcl shall, by majority vole of the membership, adopt roles of proccd.rc for thc transaction of business and shall keep a wmlen public r~ord of meetings, findings and dete~inafions. The Panel shall also keep ~ a public record copies of all minutes, repons, exhibits and ad~isog' opimons rendered by thc Panel. ('upics of thc minules and Iht advisoD' opinions shall be provided Io Ibc Bt~ard. D All I'ancl meetings shall he open Io lhc public. Reimbursement of Expenses: Members of the Panel shall se~'c without c(~mpcnsation, but shall be cnlitled to receive reimbursement for expenses re~onably mCU~Tett i;~ thc pcrFom~ancc of their duties upon prior approval oflhe Bo~d, [:tlr~Cl~orls. Pox~crs ~d Duties: A Fhc Panel shall scn'e Io provide advice ~o public officers, employees ~d trap:fid vohmtcers ("volunteer(s)") sc~'ing lhe Board on commitlces or boards rcfarJing the applicability and inlc~rctal~on of the Collier Coumy Ethics Ordm;mce lo said officer, employee or volunteer. Jl~ Ibis the praclice of la~, do ~*e want candidates Io be ~ble lo request adviceTJ Coumv or public officer, employee volunteer may submit in writing the facts the situation to ~l~e Panel with a request for an advisog' opinion to establish the sta¢~dard (~f public duty. ldo we ~'ant advisog' opinion~ with re~rd to applicants for employment wilh the Counb?J An advisow opinion shall be rendered by the Panel. ~d each such opinion shall be numbered, dated ~d published. Such advisoo, opinions shall be mainlained by the Clerk Io the Bo~d. AGEN~ ITEM No. _ DRAFT [3. Opinions Rendered by thc Panel are $lriclly advisor)' in nalure. ]-Iowcvct, unlil amended or revoked, said opinion shall be binding on [he conducl of Ibc public o~ccr, employee or volunteer who soughl Ibc opinion or with rc~ercnce to whom thc opinion was sought, unlcss matcrial facts ~¢ amended or misslaled in Iht requcs[ for the adviso~ opinion. C. Thc Panel is authorized to call upon appropriate personnel ~d agencies of Counly government for such professional &~sistance m may be ne~ in ~e discharge of ils duties. The County Attorney shall provide legal ~sist~ce lo ~e Panel. D. 'Iht P~el may prep~e materials designed to ~sisl public office, employees or volunteers in complying with the ethics laws. IL. ldo we ~an~ investigative pm*ers for the Panel?l F. Thc Panel shaIl submit Io the Board annually or more often a report of its x~ork and recommendations for legislation deemed necess~' to improve the ('olhcr ('ounty J~lhics Ordinance and its enforcement. (;. All Count) employees, tlepanmenls, committees, hoards ~d m~lagenal employees si~all be re~qonably made axailable to the P~cl. at its request, to ~sisl thc Panel in thc discharge of ils funclions. Said Counly agencies ~d personnel shall cooperate with thc Panel in the exercise of thc Panel's responsibilities. Duties of County Administrator: The Counly Adminislrator ~d his desi~ees shall sc~'c :~s s~aff advisors regarding County organization and procedures ~d shall pro~ idc technical support. 9. Review Process: The Panel shall be reviewed once eyeD' four ye~ co~encing m thc year 2(3c~2 m accord~cc with the Board's duly established procedures. SECTION EIGIIT: SUPPLE,MENTAL PROVISIONS. This Ordinance is a supplement and addition to Ihe requiremcn~ of Chapter 112, P~ Ill, Florida S~atu~es. entitled "Code of Ethics for Public O~cem ~d Employees." ~is Ordinance shall nol be construed to aulhofize or pe~it ~v conduct or activi~ that i$ in v~olation of Chaptcr 112. P~ ltl, Florida Statutes. In the event ora conflict between the AGENDA ITeM - 15 19 8 DRAFT provisions ,ff IIli~ Ordinance and Chapter II2, Pan Ill, FIoridn Stnlulcs. ~hc more tcs~t~¢~i~,c pr.vi~.m~ sh~ll ~pply, I~ shall be ~t~e du~y of each Commissioner and all Counly m~age~aI ~d other cr,pl,yccs ~,, bec.me L, miliar ~id~ the Collier County Ethics Ordin~ce, To this end. thc thin, an Resources Director shall distribute lo each such person a cument copy of ~e "Florida Commission on Ethics Guide Io thc Sunshine Amendment ~d Code of Ethics fi~r Public Employees" and a copy of Ibis Ordinance. SECTION NINE: COMPI.AINTS. ldo ~e ~ant a complaint procedure ~'hich involves the Sheriff, State Atlorney :md/or the Ethics PanelT] h~fon;~:~ti.~: co.ccrnmg any incident or situation which demonstrates lhat a public official may have engaged in conduct contraD, to this Code may be lo.yarded by complaint ,affidavit to thc State AIto~ey for thc Twenticlh Judicial District for investigation ~d ~;,~ropr::~tc act3on. A copy of said complaint must also be filed with the Collier County Ethics Advisor' Committee, SE("IIONTEN: PENAl.TIES, I'urst~;ml {t, ~cctio~ 125.69. Florida Statutes, a person ~ho violates any provision of this ()rdin:~ncc sh:dl bc subject to prosecution in thc name of the State in the same manner ~ r~,sdcmcar~ors arc prosecuted: and, upon conviction, such person shall be punished by a fine no~ to exceed $500 00 or by imprisonment m thc Collier County Jail not to exceed {h()} d;~3~ or by both such fine and imprisonment, SECTION El. EVEN: INCI.USION IN THE CODE OF LAWS AND ORDINANCE. Thc provisions of ~his Ordinance shall become and be made a p~ of lhe C~e of Laws and ()rd.~anccs of Collier County, Florida, Thc sections of the Ordin~ce may be rc:~umbercd or re-lettered Io accomplish such, =d the aord "ordinance" may be changed to "section." "a~iclc," or any olher appropriate word. SECTION TWEI.VE: CONFLICT AND SEVE~kBILI~'. In the event this Ordinate conflicts with ~y other Ordin~ce of Collier County or other nppiicahle la~, thc more restrictive shall apply. If ~y phr~e or portion of the Ordin~ce is held thy;rid or unconstitutional by any court of competent jurisdiction, such p,=,t;o,, AGENDA ITEM ,,. No. shall bc deemed a separate, distinct and indcpcnden! provision and such holding shall not affect thc validily of the remaining portion. SECTION 'I'IIIRTEEN: EFFECTIVE DATF.. This Ordinance shall become effective upon filing wilh the Department of State. PASSED AND DULY ADOPTED by thc Board of County Commissioners of Collier Coumy, Florida, ll~is day of . 1998. ATTEST: BOARD OF COUNTY COMMISSIONERS DW1GI tTE. BROCK, Clerk COLLIER COUNTY, FLORIDA BY' BARBARA B. BERRY. Chairman Approved as lo form and legal su flicicncy: Ramit,, .",lahalic h Chief Assislam ('ounty Attorney AGENDA ITEM No. ~(rq,) _ 12- D::: C 1 5 1998 584 So.2d 145, State v. Smith, fi.la. App. 2 Dist. 1991) Page 1 '145 584 So.2d 145 container offense was not subject to suppression; at time o~cer discovered evidence, he was enforcing STATE of Florida, Appellant, local ordinance that was presumptively valid. Thomas l.~e SMITH, Appellee. '146 Robert A. Bunerworth, Atty. Gen., TallahLqsee, and Stephen A. Baker, A.sst Atty. Gen., Tamp~, for No. 90-02600. appellant. 584 So.2d laS, 16Fla. L. Weck. D2113 Elliott 12. Metcalfe, Jr., Public Defender, and Disthct Court of Appeal of Florida, Laurence L. Eger and Jerome L. Meisner, Asst. Public Second District. Defenders, Sarasota, for appellee. Aug. 9, 1991. ALTENBERND, Judge. The Circuit Cou~ Sarasota Count)', John R. Blue, J., The state appeals an order granting Thomas Lee granted defendant's motion to suppress. State Smith's motion to suppress. The thal court suppressed appealed. The District Court of Appeal, Altenbernd, evidence of drugs .seized during the defendant's ar'rest J., held that: (l) state statute making open container for violation of a county open container ordinance. violation a noncriminal moving violation superseded Sarasota Count),, Fla., Ordinance 87-41 (1987). count)' ordinance c,'-iminalizJng violation, however (2) Although we agree with the trial court that the criminal since ordinance was presumptively valid at lime of sanction contained in the county's ordinance has been driver's arrest for its violation, marijuana seized at time superseded by a noncriminal state statute, we reverse ofarrest was not subject to supprcssion the suppression order because the ordinance was presumptively valid at the time of the arrest The Revered and remanded, police officer was authorized to enforce the presumptively valid ordinance and to seize evidence I. AUTOMOBILES <g::='318 obtained during the arrest. Michigan v. DeFillippo, 48A .... 443 U.S. 31, 99 S.Ct. 2627, 61 L.Ed.2d 343 (1979). 48AVll Offenses 48AVII(A) In General On April 12, 1990, at appro.ximately 8:45 p.m., a 48Ak318 Concurrent and conflicting regulations Sarasota Count)' deputy sheriff observed the defendant by state ,'md municipality, make an improper left mm. As a remit, the deputy Fla. App. 2 Dist. 1991. .qopped the defendant for the traffic infi'acfion. When Statute making open container xiolation a noncriminal the deputy approached the car, he observed an open moving traffic violation comqicted with and superseded beer bottle between the seats. He Imew that. under count3' ordinance criminalizing such violation by Sarasota Count)' Ordinance 87-41, it was unlawful to making it criminal misdemeanor; portion of open possess an open container of alcohol in a motor vehicle conlainer statute allowing local governments to adopt while the vehicle was on a public way. The ordinance ~ 'more stringent restrictions" did not include authorit)'to declared this offense punishable pursuant to section increase in pertain' or shill to criminal sanctions for 125.69, Florida Statutes (1987), i.e., ~s a misdemeanor. conduct already restricted by staIe statute. West's The deputy opened Mr. Smith's car door to wrest him F.S.A. Sccs. 316.008,316.1936,316.1936(7). and observed a bag of marijuana in the vehicle. Ultimately, Mr. Smith was wrested md charged with 2. CRLMINAL LAW G::='394.4(12) violating the open container ordinance, possession o£ 110 .... marijuana in excess of twenty grams, and possession of I IOXV[I Evidence drug paraphernalia. (FNI) The defendant filed a I lOXVII(I) Competency in General motion to suppress the ev/dence of drugs and drug I I0k394 Evidence Wrongfully Obtained paraphernalia on the ground that the county ordinance 1 I0k394.4 Unlawful Search or Seizure had been superseded by a state statute and that, as a I I0k394.4(12) Vehicles. result, there had been no criminal offense to authorize a Fla. App. 2 Dist. 1991. search of the vehicle. Although local ordinance making open container violation a criminal offense had been superseded by [I] In 1988, the Florida Legislature created a state statute and thus did not authorize arrest of driver, statewide open container law. Ch. 88-2~ Laws of Flu marijuana seized when officer arrested driver for open (codified at Sec. 316.1936, Fla. Stat. (Supp~l~[t~D~ ili:'N! No. qta) ._ Cop3vight (c) West Croup 1998 No claim to original U.S. Oo,."t. works 67. C 1 5 1998 584 So.2d 1.15, State v. Smith, CFlaApp. 2 Dist. 1991) Page 2 The statute became effective October 1, 1988, and which the state has expressly declared to be makes an open container ,dolation a noncriminal noncriminal. See. 316.0OS, F la. Stat.(1989). moving traffic violation. Sec. 316.1936(6), Fla. Slat. (1989). However, the statute also permits a count' or Interpreting section 316.1936 within the context of municipality to chapter 316, we are convinced thai the legislature did not intend subsection 316.1936(7), which allows local adopt an ordinance which imposes more stringent governments to adopt 'more stringent restrictions,' to resections on the possession of alcoholic beverages include an increase in penalty or a shit1 to criminal in vehicles than those imposed by this section, sanctions for conduct already restricted by the state statute. Accordingly, we hold that the criminal penalty Scc. 316.1936(7), FlaStat. (1989). described in Sarasota County Ordinance 87-41 conflicts with state law and is superseded by the The trial court ruled that the ordinance had been noncriminal state sanction. superseded by the statute. It decided that subsection 7 of the statute permitted a local government to restrict or [2] Although we agree that the local ordinance did prohibit (,pen containers under circurmmanccs which not, as a matter of law, authorize an arrest in this cam. would other, vise be permitted by thc state statme, but our decision does not require the suppression of the did not allow a local government to impose a more evidence. See DeFillippo. See als9 Slate v. Joyce, stringent penalD' than that described in the state statute. 529 So.2d 791 (Fla. 3d DCA 1988); McCrimmon v. As a result, the thai court granted the motion to State, 505So.2d 13('Fla. SthDCA 1987); Willismsv. suppress. State, 491 So.2d 611 (Fla. Ist DCA 1986). This ordinance had been duly promulgated and was It is well established that a state statute prevails over presumptively valid at the time of this arrest. As the a conflicting local ordinance. .tm. VIII, Sees. l (f)-(g), United States Supreme Court has obsen'ed: Fla. Const. (1968); Edwards v. State, 422 So.2d 84 (Fla. 2d DCA 1982). It is not, however, always an Police are charged to enforce laws until and unless ca.,-').' task to determine whether a conflict exists. See th%' are declared unconstitutional. The enactment of ~enerallv 5 E. McQuillin. The [.ax,,' of Municipal a law forecIoses speculation by enforcement officers Corporations Sec. 17.15 (3d ed. 1989); 6 E. concerning its constitutionality--with the possible McQuilIin. The Law of Municipal Corporations Sec. exception of a law so grossly and flagrantly 21.35-36 (3d ed 1989). This court has held that a"~, unconstitutional that any person of reasonable municipalih.' *147. cannot adopt a criminal ordinance prudence would be bound to see its flaws. Society which creates a penalg' more severe than a slate would be ill-se?'ved flits police officers took it upon criminal statute regulating the same conduct. Edwards. themselves to determine which laws are end wh/ch On the other hand, lex:al governments can sometimes are not constitutionally entitled to enforcement. create local ordinances which criminalize conduct not governed by slate statute. See Sec. 125.69, FlaStat. DeFillippo, 443 U.S. at 38, 99 S.Ct. at 2632, 61 (1989). Th..~e q.ue_5~ion in this case is ~hether the cotmtv L.Ed.2d at 350. The conflict between this ordinance can create a criminal offense when the state has and the state s~tule involves a complex legal analysis cxp~'essl',~ccre~ted a non~nrfiina] jarl'acc,on to gm'~'m~ae.., and cemainly did not render the ordinance flagrantly ~ condum We corldude, at least in lhe c~nre'cl nf unconstitutional. Al the time the deputy sheriff _~is ~ase..=5~&~ discovered this e,,idence, he was merely enforcing a local ordinance which was presumptively valid. The legislature h~ placed its recent enactment Accordingly, theevJdenceisadmJssible. regazding open container violations within the Florida Uniform Traffic Control Law Ch. 316. Fla. Stat. Reversed and remanded. (1989). This chapter is generally intended to creale a uniform, statewide traffic control .?st~,xn. See Sec. HALL, A.C.J., and PATTERSON, J., concur. 316.002, Fla. Stat. (1989). This uniform ~'slem treau many violations as noncriminal infractions rather than FN1. From the~ facts it is V:~ssible that the marijuana criminal offends See Sec. 316655, Fla. Stat. (1989). ',,,'as discovered in plain view during a brief entry of See alto Ch. 318, Fla. Stat. (1989). Local governments ,:~ the vehicle under the state statute to lawfully remove are authorized to create additional traffic regulations in the beer bottle. The state did not take this position in limited circumstances, but chapter 316 docs not appear either the trial court or this courl ,and, ac 5~'dindy. to permit local governments to criminalize conduct do not base our decision on this theory. AGENDA NO. _q(q) Cop?ght (c) West Group 1998 No claim to original U.S. Govt. works C7.; 15 584 So.2d 1,15, State v. Smith, (F'la.App. 2 Dist. 1991) Page3 AGENDA ITEM r~o. 'qCv,) z_ Copyr-ight (c) Wes~ Group 1998 No claim to original U.S. Go',,~ works ~,~ ~ 1 5 1~$ ~,~. I q,. TIlE FLORmA BAR 650 Ae~t.~c~ P~cw^~ JmL'~ F. ~'~ss, J~. T~s, FL 32399-23~ 850/561-56~ ~CL~ D~OR October 30, 1998 Ramiro Manalich ...., Chief Assistant County Attorney ~5 :r . 3301 Tamiami Trail East Naples, Florida 34112-4902 ""~ Re: RFO ,-'4'.99032; Collier Count,,,' Proposed Ethics Ordinance Dear Mr. M'analich' Thank you for your correspondence of October 13, 1998. Pursuant to Rule 10-9.1 of the Rules Governing The Investigation And Prosecution Of The Unlicensed Practice Of Lax,.', I am not authorized to render informal advisory opinions. We may, however, render formal advisoD' opinions. A request for a formal opinion should be submitted in the form ora hypothetical, providing all the relevant facts. If you wish to request a formal opinion, you ma,.' submit )'our request as per the rule. The process takes approximately one year. .,Xlflmugh I am not permitted to render an informal opinion, I am permitted to provide you v,'ith citations to an,,' relevant case tax,,', statutes or roles. The citations are based upon the facts and information contained in ',,our correspondence and relate only to unlicensed practice of ia'`'`'. THE CITATIONS DO NOT .ACT AS FLORIDA BAR APPROVAL OF OR AUTHORIZATION OF THE CONDUCT IN' QUESTION. Your letter encloses a cop,,,' of Collier County's proposed ethics ordinance. The ordinance establishes an ethics advisory panel which would give advice to certain county employees on the applicability and interpretation of the Collier Count)' ethics ordinance. You ask whether this activity constitutes the unlicensed practice of law. I '`,,'as unable to locate an>' case lab,',' on this issue. Therefore, I am unable to provide guidance. However. for a general discussion of some of the issues which may be invoh'ed, I direct your attention of The Florida Bar v. Sperr% 140 So. 2d 587 (Fla. 1962). judg. vaca!ed on other ~ounds, 373 U.S. 379 (1963) and The Florida Bar v. Moses, 380 So. 2d 412 (Fla. 1980). Sincerely, &o] -" AGENDA ITEM comb NO._ Assistant UPL Counsel LSH/ OBJECTIVE: To meet the statutory requirements for the appointments of members to the council. CONSIDERATIONS: The State Legislature adopted a wages bill (Section 230.2305 Florida Statutes) to include additional requirements for appointments to the council. The council is a group of eight members from the community who are involved in or interested in pre- kindergarten education programs. The council membership includes representatives from pre- kindergarten program directors, the School Board, parents, providers of pre-k services, County Public Health Department, local child advocacy organization, etc. The council `.vas previously administratively handled completely by the Collier County Public School system. The new Bill CS/HB 137, requires the appointment ofthree members to council by the Board of County Commissioners. The County must appoint a person who represents private providers of preschool care and education to 3 and 4 year old children, and 2 who represent agencies responsible for providing social, medical, dental, adult literacy or transportation se~'ices, I of whom represents the County Public Health Unit. Per Board direction, a press release ,,vas issued and resumes were received from the following 3 persons: Deloris J. Sheridan representing an agency providing social, medical, dental, adult literacy, or transportation services Patricia Gultey, R.N. representing the Collier Public Health Department Robert J. Riley representing an organization providing pre-k services FISCAL IMPACT: NONE GROWTtl MANA(;EMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment and appoint 3 members to serve I year terms on the Pre- Kindergarten [meragency Coordinating Council. Prepared By: Sue Filson, Administrative Assistant Board of County Commissioners - - AGENDA ITEM Ho.~ Agenda Da(e: December I5,1998 DEC 15 1998 COLLIER COUNTY PUBLIC SCHOOLS RECEIVED DEC 0 1 !998 Board of Count.v Co~wfssfoners OFFICE OF FEDERAL AND STATE GRANTS PREKINDERGARTEN DIVISION 506 North Ninth Street Immokalee, Florida 34142-3146 (941) 657-7624 (941) 657-6022 FAX November 30, 1998 MEMORANDUM TO' Ms. Sue Filson, Board of Collier County Commissioners FR: Mrs. Laura Stacell, PreK Coordinator Federal & State Grants RE: Positions recommended by the County Commission The Count' Commission is responsible for recommending committee members to the PreK Interagency Coordinating Council, representing the following: 1) A private provider of pre-school care for 3-4 year old children 2) A representative of County Public Health 3) An other representative of agency providing social, medical, dental, adult Literacy, or transportation The following people have indicated an interest in serving as representatives, Mr. Bob Riley of TOPPS, Pat Gt_llley for the County Health Dept., and Dee Sheridan of Goodwheels. If you have any questions, please call ]-ne at 657-7624. AGENDA ITEM LS\ma NO. /4'2 ../'~ ._ DEC 15 1998 SENT BY: ;12-43-:: ; 2:03At4 ; g41e571~022,.* 7743802=e OFFICE OF FEDERAL AND STATE GRANTS .. , PREKINDERGARTEN DIVIglON 50~ No~h Ninth Strmmt [mmokalee, Florldm 34142.314~ (641) 657.7624 (641) 667.~02~ FAX Ac: ~osJtio:s r~mmen~ ~ ~c Co~ Co~sJo~ ~you ~ve ~ny ~o~ pl~ ~1 me at 65~-7624, AGENDA ITEH No._ DEC 15 ~g~B Pg._ 0CT. 28. 1998 4:45PM P 2 FROM' : ~&raSon~¢ PPF Wheels ,,,0v o :, "~"~'~'~'~¢~,~*~'~ ~oard of County Comnssioners 1~7S Bava~m Ro;d. S.~. ' Fo~ MTe~ Roddm ))91) 383~ ~¢d Av~u, · N~,. Flo,~a 34104 9411649.022l~,,n * 941l&4~.04&4~. ' BII.SII-BDI October 27, 1998 Collier County ' Bo,'u'd of Count3' Commissioners Dear Commissioner: Please regard this letter as one of request that om' agency have a seat on the Collier County Pre-K Interagency Council. It has been my pleasure to serve during the 97/98 fiscal 3'ear and would like to continue to serve as an agency ',,,:ho pro,4des transporl~fion to the community. Sincerely, Deloris J. Sherid~ President - AGENDA ITEM DEC 15 1998 ~,~ck B~dw~n ' Richard ~suh&w · Ros~hc .~frhn · D~'e 5ch(:rcr · Joe (;lee · BriL'~ ([loan SEP-~4-iS~? lB: 1] COLLI£R CHI) P.02 DELORI$ J. SHERIDAN 10075 Bavaxia Rtl., S,E. Ft. M¥cl~ FL 33913 941-768-6194 EDUCATION: TRENTON STATE COLLEGE, Tremo'n. New Jersey Ba. cheiom Drgr~ WORK EXFERIENCE: 2/95. Present Good Whe~i.~, Lur.., Ft. Myers, Florida ^dmir~ all disabled amd ~ta~ed traasporta6on doU~ b~ ~ u ~e C~~ T~~on Co~r f~ H~ a~O ~ ~ ~ ~~ M~ Ha~ Fm M~ 7/91 - ~95 Ex~v~ D~ Sup~s <~ ~~8 <d ~ hvol~ wifi I~ - 1~1 ~ CounWT~K Ft My~ Ac~g D~ Pro~ 1~. - DEC 15 199B ~2~- 1~ 12: ~ Pg- SEP-~-~997 ~6:~ COLLiE~ CHI) GOOD ~=EL$ I~ 198g - 1990 Assistant D~ector Assisted the Director in all phases or' Ad,a,in;_~trative and Opcrafions function. Pr~d UMTA Section 9 and $~ction Ig Grant sppticatioas, Safety Plan, Transport Development Program. Managed all operations. 1986 - 1988 Tra.a.sit P~par~ U'MTA Section 80r~ Applic4tions, Unified Planning Work Program, u well as other regor~ conc, c~__in~ ridership stati~cs. As_~i_e,~l the Direc~r in th~ preparation of UMTA Section I5 Annual Reporting rcqui, rcmcats. Serv~ the Technical Adviscrry Commiu¢c to the Lee County IVietmpotitan Planning Organization. I984 - 1986 Dispalx:her Full-time Dis~tcher;, supervised drivers on 10 routes and 25 buses. 1978 - 1983 Cc.:rrdin~or, Elderly and Hand/c~:~d Tr~r~sportafion Pro~'~m. Set up and managed the first Coordina_t~_ T~-_~xntafion System in Lee County. Serv~ oa the Techaical Advisory Commi~e for the Tram~on Di~Iv~nmged (TDTAC). LANDIS JR. fflGH SCHOOL, V'meland, New MEMORIAL ,IR. HIGH SCHOOL, 'Wmeland, New Teacher of Health ,nd Physical Education. W.C. BLACK SCHOOL, W'm~ Twn~hp, New Jersey Te,~cher of K-2. Hexlth and Fhy~ical Education. AGENDA ITEH DEC 15 1998 P~ o~ F'~:~ : C:Z~D ~CEL,.S I~C' ~ hO. : 941 ~ 6187 ORGANIZATIONS: Association of Retard~ Citizc'~ of' HendO' & Olade~ cotmties. Cape ~ Human S~-~'ices Ne~'wock, IX~t member. Community Tran~pormticrn A.tso~o~ of Ammica (CTAA). Florida A~ociaticaa Commu~dty T~rtation (FACTS), Exeeutiv~ Commirt~ Member. Florida Chamber of Commercm Florida Transit Association, member 1988 to pr~ent. Glade~ Cowry Chamber of Commie. Greater Fort Myer~ Chamber of Commerce. Greater LaBelI¢ Chamber of Commerce. Head~ County Co,'~munity Coerdinating Council. Th~ KJ, wani~ Clg]a, local cha4:Rer, memb~ 1991 to pr~,cnt. Lee Ccromy Association of'Provider ~ol~ (APO), p~t member. Le~ ~ Committee for Welt'acm R~fiarm.. Let County Haman Sc'vices Network, j:tresent m,"~,'n~. Lee County Local Tra,azpo~on Di~lvanta~d Coordinating Board, Adv~ory member rrprer, enting LeeTran, 1990 - 1991. Advisory mmmber rep{'esenting thc CTC, I991 to 1995. North Ft. Myers Chamber of Commerce. Per~a With Spcci~d Need~ Ta.t,k Force. Sez~or~ and Law E~-~rcen~em Toger&mr. Tech_n_ic~ AdvLsoD, Committee of' tl~ lee Cotmty Meti~olitim Planning Orgmq.izadon (TAC/MPO). Voting member representi~ I.,eeTrtn, 1986 - 1990. Se. rvr. d on TAC-Pmj:¢~ PlaJming Subcommittee. S~ on TAC-Plan Dcvclopm~t Subcommittee. Ad~ member reprt~enting the Community Tra~porl~ticrn Coordinator, 1991 to 1995. AGENDA ITEM DEC 15 1998 P.B,4 St~P- 24-1.99'7 12:25 Pg' TOTAL Po · 0CT-28-199,,.8 14:57 COLLIER CHD P.02 Lawton Chiles ~ James T. Howell, M.D., M.P.H. Governor Secretly October 2g, 1998 To: Board of Collier County Commissioners 3301 East Tamjami Trail Naples, FL 34112-4977 Subject: Pre-Kindergarten lnteragency Coordinating Council of Collier Count3, Dear Board Members, I would like to continue in my role as the Collier Cout~ty Health Department representative to the Pre-Kindergarten Interagency Coordinating Council. As Healthy Start Coordinator of Collier County, I am able to provide information to this group as v, ell as oblain information from service providers that vdH be helpful to the families we serve. In addition, I have been nominated by the Collier Pre-Kindergarten lnteragency gr. oup to serve as their representative on the Regional Policy Council. This is a regional group ~,'hich meets monthly to assure early intervention services for children at risk for developmenfal delays. As a member of this group, I am expected 1o support the needs oF those children needing services in Collier County and work to implement a plan that meets the diverse needs of our families. Thank you for your attention and support of the Pre-Kindergarten lnteragency Coordinating Council. tfyou require further information, please feel free to contact me. Sincerely, Patricia Gulley, RN 774-8551 DEC 15 1998 Naplek Florida o 34112-4961 Collier Cou aty Flealth Departmeal Post Ofll~ Box 429 'telephone {945} U4-8200 CAatle~ Konlgsbe~, Jr., JLD., M.P.H., Director Naples, Florida * 34106.0429 Patricia Gulley, R.N. 5277 30th Avenue S.W. Naples, FL 34116 Professional ~xDerience Collier County Health Department, Naples, Florida 1992 - Healthy Start Coordinator/Nursing Program Specialist - Coordinate care services for at risk pregnant women and infants up to age one. -Make community presentations regarding infant care and infection control measures. - Interact with community agencies in the administration of Healthy Start contracts. 1988 - 1992 School Health Nurse - Made weekly school visits. - Administration and follow up of vision, hearing, and TB screening. Nursing Inspector of Child Care Facilities - Quarterly nursing inspection and visits of license~ child care facilities. Child's Path Pre-School, Naples, Florida 1986 - 1988 Pre-School Teacher's Aide Organization Memberships: 1995 - Bresent Health}, Start Coalition of Florida, Board Member 1993 - Present Healthy Start Network of Collier County, Chair 1994 - 1996 Exceptional Student Education Ad¥|~,, Council 1993 - 1997 Child Find Review Team ~G£NDA 1988 - Bresent Florida Nursing Association No._ /~37~. · DEC 15 1 98 pg, 1963 - 1966 Registered Nurse Orange Memorial School of Nursing, Orlando, Florida 1997 - Candidate for Associate of Arts Edison Community College, Naples, Florida English, Spanish TOTAtP,02 Mrs. Sue Filson Administrative Assistant Board of Collier County Commissioneers 3301 Tamiami Trail East Naples, Fla 34112 October 22, 1998 Dear Mrs Filson. Mv name is Bob Riley I am a 25year resident/elector of Collier County, homeowner, and owner ofT.O.P.S. Childcare Center. T.O.P.S. stands for 'TOTAL OPPORTUNITY PRESCHOOL." .As a child care center owner and daily on-site director, I have enjoyed making many connections and eslablishing relationships with numerous other professionals These same individuals comprise the Interagency Council and are among the most dedicated workers of'our Early Childhood community. 1 ha`,'e enjoyed watching the changes and growth occur in our county, having been self- employed my entire time while living in Naples. Our center will be '7 years old this coming April 1990 and we continue reinvesting in our families and children, as we enroll ne',,,' students What previously has been accomplished on the lnleragency Council, has begun ~o la,,, the groundwork for some innovative family interventions. Developing the Iriad between teachers-parents-centers helps lhe overall process move ahead positively. I do ','er>, much wish to continue my contribution to the Agency's work as I submit this request to you For approval. lfthere are any questions or assistance I can be of help ,,rich, please feel free to call me. If inlerested, our doors are always open-feel free to drop by and get a idea of how our approach to these fine young people is accomplished. Sincerely Vo_r/ur..~..~ ~// ',] AGENDA '" .o. Bob Riley DEC 15 1998 i 5- ;. '-' ~: ::,~ ;,,,. ,-. ~",' ,',:: · ~ J,'~'~.::~. f,.:,nd,:, :;.'; ~0. ~ · n"ll,. -793-6600 RORERT .! . 6970 Sortlebru,h Lane NaRle". Florlda'B'-J~99L9 (8i])~91-0090 PERSONAL I N~ORMATION Blrthdace; October 20, E~ll ch: Excel 1 en ~ Marital Sr.~cu~: Married Social Security: 266-86-573l lii) UCAT [ ON Lak~ Foreat Elementary - Hollywood. Carol City Jr. lltgh School Carol City Sr. llillh School N. FE. Hyer~ HiRh Edison 3r. Cnll~ge Bustness I)egrer Prep Coursen U.S. Nava~ Avin~lnn EIeerricinn's School Ber~ Roger~ School ~,~ Reul Child Care Develmpmen~ Courses Vocn~ionml Technical ., EXPIiR I ENCE 1967-1969 ~.nr~ Rt,,,huek Compnny 1969-1972 U.S. Navy Afrcraf~ Electrician - AGENDA I~E'M 1973-1974 U.S. Pos~ Off,ce No._~ ~97~ rtresto.c Tire & Rubber Comp n7 BEC15 1998 ~974:~978 R~ey rt~e~tone 1979-1988 S~.If I':ml, l,,yed W;~I ll,;,perlnR II.~Ine~a 1988-1989 )tea~ I{~ t.;,: e 1989-1992 Self Rn, plnyed Wa~lpnpertn~ Bn~tnesa .SEP ~ ' '9"2 16: ]6 THF' PR I NT SHOP TO: '?"742,6~2 1:~2 CAREER, HIOHLIGHTS 1967-t969 Sales SEARS - Department Manager Trainee 1969. 1973 United States Navy 1971 - 1972 A/rcr~wman Stalus AcNeved Transport Air, raft Trainer 1985 -1987 Video Specialist U. S. Professional Paperhangers Guild MEMBERSF[IP and COMMI./NITY SERVICE Member, St. Williams Catholic Church Naples Member, U. S. Prufessional Paperhangers Guild Member, Nap{es Area Board of Realtors [pas'II Member, Project Help-Collier County Crisis/Information Referral Hotiine Co-Facillator Survivors of Suicide Support Crtoup Member, Naples Alliance For Children [NAFC] In Kind Donor and Supporter of Nap{es Women Shelter Member, Pre-Kindergarten lnter. Asency Counc{{ oYCollier County DEC 1 5 1998 O~JECTI~: To ~ppoim 2 m~mb~rs ~o s~n'c 2 }'c~ ~c~s, cxpirin~ on December ~ I, 2000, on ~hc Ckiz~ns ~dviso~' T~sk Force. CO~SIDE~TIO~S: Th~ Chizcns Advisor, T~sk Foroc ~s 2 t~s cxpifi.~ on December ~h~bUim~on t~ough [undin~ from th~ Sm~ll Ckics Co~ity Dcvdopm~m ~ro~r~ ~om thc Smtc oF Flofidm Dcp~m~m of Co~uni~ Aff~irs.) ~cy included in thc b~ckup. A p~ss rolc~c w~s issued ~nd resumes wcrc received from th~ followin~ APPLICANT CATEGORY DIST ELECTOR ADV. Vivian D. La,er (re-appt.) Business Leader 2 yes CATF Karin E. Engiish Minority 4 yes PARAD COMMITTEE RECOMMENDATION: Vivian D. Lager, Re-appointment Kafin E. English. New Appointment FISCAL IMPACT: NO~ E GROWTtt ,XlANAGE,XlENT I.MPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider tile recommendation for appointment, appoint 2 members to serve 2 .','ear terms, and direct the Count.',' Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson. Administrative Assistant Board of Count.,,' Commissioners Agenda Date: DECEMBER 15, 1998 AGENDA ITEM N o..~_.~.~ DEC 15 1998 IIIII III IIIII IIIiiii iiii ....... I $1Vlemo To: Sue Filson, Administrative Assistant, BCC From: Greg Mihalic, Director, Housing and Urban Improvement Date: December 1, 1998 Re: Citizens Advisory Task Force vacancies Last week members of the Citizens Advisory Task Force received the applicant's information concerning the two vacancies on the CATF committee. This information was given for their review and to make recommendations to the BCC for appointments to the committee. A vote was taken from all CATF committee members on November 30, 1998. The committee voted 4-0 to recommend the following candidates: Ms. Vivian D. Lager Category: Business Leader 9955 Tamiami Tr. No., Ste. 3 Naples, FI. 34108 and Ms. Karin E. English Category: Minority 3823 Tamiami Trail East Suite 421 Naples, Florida 34112 Please prepare an Executive Summary for the Board's consideration of the recommendation. Let me know if anything further is needed from this office to initiate the process. I would appreciate it if you would notify Don Blalock (403-2339) of our department, when the BCC has voted these recommendations. AGEND~k - ),TEM DEC 15 1998 · Page 1 pgo ... Citizens Advisory Task Force IYame IFork P/tone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Keith Puff'er _5<,..~r~ ~'u,r', ~,~,'~"~ 02/18/97 12./31/98 ,.../ 5-4-33 2~h, ,,~,.,:. oat'./~f) 2 Years 353-7992 Naples. FL 344-1-6-- > · .-' VIC 4/ District: 3 Categoo': Business Leader Vivian D. Later ~--' -~ ,..COO. I .~ ./j 01/10/95 12/31/96 2 Years 257 ColonadgCircle ~ 2/18/97 12/31/98 '~ Years Naples, FL 34103 District: 4 Category: M inoritx' Darlene Koontz 02/10/98 12'31/99 2 Years 4625 Chippendale Drive 774-5.,-212 Nap/es, FL 34112 District: I Categoo': Social Science Vanessa Fit.z 02/13/96 12.'31/97 9 Years 2460 14th Street. North 251-0275 2,/10/98 12.'3 I,'99 - Naples. FL ';' '~ Years . -.-,I03 - District: 4 Categoo': Community .At Large David L. Chi/cote. It ':0.~,.:05 0./_6,95 12.'31,'99 o Years 795 .kI','nle Terrace e.:$-~3':'~ - Naples'. FL 34103 District: 4 Calegoo': Communitv At Large ~NDA I~EM ~'ednesday, May 27, 1998 P~ge I of 2 NOT--, /~42 DEC 15 1998 3 ............ ! ........ '~ ............................................... I ............ lit Citizens Advisory Task Force ~Vork Phone Appt'd Exp. Date Term Name Home P/tone DateRe-appt 2.dExpDate 2nd Term This 5 member committee was created on July 24. 1990, by Ordinance 90-60 to obtain community input and direction on proposed target areas (the geographic area designated for rehabilitation thrcugn funding from the Small Cities Community Development Block Grant program frcm the State of Florida. Department of Community Affairs.) They direct, oversee and s~prove gr~-nt applications: monitor the progress of the grant administration and evaluate the final com~te4onc, the gran~ program. Terms are 2 years. FL ST.4 T: 290.046 Staff: Greg Mihalic, HUI Director: 403-2330 MEMORANDUM RECEIVED DATE: November 23. 1998 '7 TO: Vinell Hills. Elections Office FROM: Sue Filson. Administrative Assistant//", Board of Count,,' Commissioners RE: Voter Registration -Advisorv Board Appointments The Board of Count>' Commissioners will soon consider the following indMduals for appointment to one of the county's advisory committees. Please let me know if those listed be]ow are registered voters in Collier Count>'. Also. please list ;.he commission district in which each applicant resides. CITIZENS .4. DVISORY TASK FORCE COMMISSION DISTRICT Vivjan D. Lager ¢' ,¢'~(,, 5o.,-~t;c,,-,J~ ¢ l,'"" '-2.- _.sv Colo=de Cir~t~ COte.o_ Naples. FL .34103 Karin E. English 3823 Tamiami Trail East. Suite 421 Naples. FL 3411 '~ - /_,-,q -,7' / Thank you for '.'our help. DEC 15 199B ~ MEMORANDUM DATE: November 23, 1998 TO: Greg Mihalic, HUI Director FROM: Sue Filson, Administrative Assistant~ Board of CounD' Commissioners '/'"/' RE: Citizens Advisory Task Force As you k_no,,v, we currently have vacancies on the above-referenced advisory committee. A press release `.,,'as issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Vivian D. Lager 257 Colonade Circle Naples, FL 34103 Karin E. English 3823 Tamiarni Trail East. Suite 421 Naples. FL 34112 Please let me know. in xwiting, the recommendation for appointment of the advisoO' committee within the 41 da.'.' time-frame, and I will prepare an executive summary, for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions. please call me at 774-8097. Th'~,m.k you for your attention to this matter. SF Attachments AGENDA ~,TEM DEC 15 1998 il/ip/ieg ii:s 9 i-s96- ges NOV 9 1398 ~ard 0f Count~ C~iss~oners 9955 Tamiami Trail N., ~3 Tel: (94~) 596-0982 Naples, Florida ~08 Fax: (94~) 596-0985 Fax To: Ms. Sue Filson From: VMan D. Lager. Fax: 774-3602 Pages: (including cover page) 2 Phone: Date: November 19, 1998 Re: cc: Don Blalock r~ Urgent [] For Review 0 Please Comment E] Please Reply E] Please Recycle · Comments: Please accept this letter together with the attached resume as my application to be reappointed to the Citizens Advisory Task Force for Housing. I served as Chairperson dudng my past term which expires in December 1998. I enjoy working with professionals like Don Blalock and Greg Mihalik and would be pleased to serve again. NOTICE: THIS FACSIMILE CONTAINS PRIVILEGED AND CONFIDENTD:~L INFORMATION INTENDED ONLY FOR THE USE OF THE NAMED RECIPIENT. IF THE READER OF THiS TRANSMISSION IS NOT THE ~NTENDEO RECIPIENT OR THE EMPLOYEE OR AG6NT RESPONSlBL~: FOR DELIVERING IT TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION OR COPYING OF TH',S FACSIMILE tS STRICTLY PROHIBITED. IF YOU HAVE RECErVED THIS TRANSMISSION IN ERROR. PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE AND RETURN THE ORIGINAL FACSIMILE TO US AT THE ABOVE ADDRESS BY REGULAR MAIL OR CONTACT US TO MAKE OTHER ARRANGEMENTS AT OUR EXPENSE. THAtqK YOU. - AGENDA I..T E M DEC 15 1998 Vivian D. Lager, Esq. 9955 Tamiami Trail No,'1.h, Suite 3 Naples, FL 34108 594.2895 (Home) 596-0982 (Office) 596-0985 (Telefax) Experience 1996-present Vivian D. Lager, Esq. Naples, FL Attorney- Sole Pract'~oner · Genera~ practice w~ concentration in real estate; trusts, wills and probate; immigra6on 1990-1993 Vivian D. Lager, Esq Bridgewater, NJ Attorney - Sole Practitioner · General practice with concentration in employment law 1989-1991 Lowenstein, Sandier Rantan, NJ Associate Attorney O · Litigation Department- Drafted complaints, answer~, interrogatories, motions, settlement agreements; court appearances 1978-1985 GHI St. Bernard's School Gladstone, NJ Teacher · Taught Fr~r~h, Spa'~sh, Logic, Ngebra Education 1985-198B Rutgers University School of Law Newark, NJ · J.D. re'~ived June 1988 · Admitted to practice in PA (1988), NJ(1988), FL(1994) 1960-1964 University of Pennsylvania Philadelphia, PA · B,S received lg64 Interests Immokalee Child Care Center, First Vice President, Board of Directors; duplicate bridge; golf. DEC 15 1998 HECEIVED NC.V I 3 19~3 4 .November IOOg Board of Count.~ Co~m~t$$toners 7'. :s St:,:' .-Xdministrati,. e Assislant Collier Couritv Board of County Commissioners 3.10l E ~ ' ' Trail : Naples. Fk~rid~, 34112 ~E: Citizens .&dviso~' Task Force Business and Nlinori~y cate~o~' Dear Sue A~tachcd is my resume in application for consideration for the Citizens Advison' Task Force Businessl.eadcrandk}inoritx ca~egom' I ha',e submitted my resignation ~Yom thc Black Aflhirs Ad'~iso~' Board in order to be eligible and considered Pot ~he aboxe adxiso~' task force A copy of that resignation is Si~ould you haxe an', questic, ns or comments, please Feel t~ee to call mc at (941) 043- " AGENDA _[TEI, I No.,,./O0 , DEC 15 1998 ember 1998 Xlr. Fitz.'_,eraid .;rater C hni rm, n Collier Countx Black Af'thirs Advisorv Board c/o Michelle .Arnold Director of' Code Enfc~rccment 2800 N Horseshr.~e Dr'i,.e Naples. Florida I herebx resi,_,n as a member of'the Black Afl'airs Advisor,,' Board eft'ecti,.'e immediatel,.'. Sincereiv. Karin E En,z!ish ~ cC l'~,~:trc! ,':I' ('ount', (.'O~llIllJSsioners AGENDA ITEM No. /0~:~ _ DEC 1 5 1998 pg. P~Or~_..~[0..AL Lx,-~.~,ir..X~ E Prcscm (3~ ncr Pink iccp Comlmlnicmlon~s Crc;mom development, production o1' ams.community. education, and entertainment projects Includln~ audio. film. tclc~ Ision. theatre and ~ ~dco pro. leers l')')3-Prcscnt %Iana~ln~ Panner BackS[rcm EnIcmammcn[ Group. LLCs Entcm;unmcl]1 puhhc rclutlon~, markctm~. dc~clopmcn[ ;Ind illalla~Clllenl and contract I')~()- 1'~<); Prc~IdcnI KEE Pm~n~c~ oF Inc/KEE Pre~mcs oF ¥1~$111i;I. N L'd[:~ cons~h m,~. de~ clopmcnL m;i n;~$c mCnl. i:oilucai, non-pro:it, s~n. cntcnulnmenl mcdl;~ Sparkle Studio Productions:: Crc':iIiNc COI1SLIJ[N[IOI1 [0 mJlnlCl~lJlllCS. ~JillcNl candl~tcs, udNc~lscrs, co~rallons Radio. IclcN ision ;md print dc~ eJopmcnL producllon 1')77- J')~ Foundcr-Exccu[~c glrCCtOr.'~vnct ~luhlCuhur;iI Tclc~ ~smn Councit3/For Kids Or$;inMc. m;in;l,$c Con~rCSSlOll:ll/comlllulli[) IohhN For ctuldrcn'~ lclcNIsmn pro~rmnl~ Rudlo. Iclc~lslon pro(fl~clion/s) n(hc;lllon childrcn's prosr;Immin$ AGENDA ITEM No. DEC 1 5 1998 Pg. // - I \'~ ORK rvpr r~, Kdb Tci;;porar? Sc.r, iccs [')S i- i')g6 Facuil)'/Pro~cssor Columbia College Exectmx e admm~slrat~x e dut~c~ College lcxel mslnlctlon, sludenl counsehng and dcxelopmem, lnstn~cuon locused on all me~a. 1982-I')S3 Instructor Rtl) Vogue School oF Des;? Taught colllmun~Ciltlons skdls :o fashion, merchandising studonls 1977-Prescnt Freelance Wrltcr/Crmc/Colummst/Ed~tor Research. x~ nrc articles for various publ~cauons 1')76- ')7$ Freelance Writer,' Adx enis~n~ Consullanl Wr~tc. suF<'~ ~se retail and nes~ produc: mcd~a l'~ 7~- '~7~', Cop? x, r~ tcr Producer N'c,zdh'am. Har~:r & St.zcrstDg~ '"" '"" Fhgh: ............ -M~scr;cii7, ~ir',incs A)huqucrquc Pub}fc Sci~oeis Rc.~nsmlc/hr grow t i~. m~Lnsc:lon, ac', cJOplllt'llL 01' CJlllurcn I S(,>'. }')7t; .~d~ualsinz Assistant Rhodcs ~cp;irllllClll Assist X~ILJl Ill-JlOtlSe adxc'Nl~lng campiHgJ~s. J;l)Otl[. design. pJacc'inc'nt I ')6r~-J '~(.X kVrl Model Cities Rc~er/cdilor for corlln~unll~ ~sed nc~spa~r Tm:l', ~'.:rouuh Opl~)nunilic'~ prm :dcd For thc ~'I[c'rmcuil o R EFERES,'( '£W .-I I':-! II...-! HI. E ()5; REt..) L'E.?T DEC 15 1998 Pq./.~ EXECUTIVE SUMMARY RECOMMENDATION TO DECLARE A VACANCY ON THE CODE ENFORCEMENT BOARD OBJECTIVE: To declare a vacancy on the Code Enforcement Board and to direct staffto issue a press release soliciting resumes in an effort to fill the vacant position. CONSIDERATIONS: Ordinance No. 92-42, Section 4, reads as follows: "It is the intent and strong desire of the Commission that there be full attendance of advisory Board members at ell meetings of the Boards, recognizing, however, that it may be necessary for Board members to be absent from a meeting due to unusual or emergency circumstances. Nev'ertheless, full attendance at Board meetings 'is encouraged and necessary for the proper operation of the Boards and in furtherance thereof the following requirements are cstablished: A. Any Board member who is absent for more than one-half of the Board's meetings in a given fiscal year shall be deemed to have tendered his or her resignation for such Board. The Commission shall, as soon as practicable after such resignation, declare the position to be vacant and shall promptly fill same pursuant to the provisions of Section Six herein. The Board member shall not serve at any meetings after his or her position is declared vacant by the Commission. B. In the event that any Board member is absent from two consecutive Board meetings without a satisfactory excuse acceptable to the Board chairman, the Board chairman shall state such fact at the next regularly scheduled Board meeting and shall thereafter notify, in writing, the Administrative Assistant to the Commission of the Board member's failure to attend without satisfactory excuse. The Commission shall review the Board Chairman's notification at a OCommission meeting and shall declare the Board member's position to be vacant if the Commission concurs that the Board member was absent from two consecutive Board meetings without a satisfactory excuse and shall promptly fill same pursuant to the provisions of Section Six herein. The Board member shall not serve at any meetings after his or her position is declared vacant. C. A member ora Board shall be deemed absent from a meeting when he or she is not present during at least 75% of the meetings. Attached is a memorandum from the Chairman of the committee advising that Linda Griffin. an Alternate Member, has failed to attend meetings for numerous months and requesting that the Board of County Commissioners declare a vacancv on the commiuee and direct staff to advertise to fill the vacancy. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation to declare a vacancy on the Code Enforcement Board and direct staff to issue a press release soliciting new members. It is also recommended that the Board of County Conunissioners direct the County Attorney to prepare a resolution declaring the position vacant.? - OPrepared By: Sue Filson, Administrative Assistant Ho._,L.~t'" - Board of County Commissioners DEC 15 1998 Date: DECEMBER 15, 1998 RECEIVED M E M 0 R A N Do c M ~card of Count4 Cc~fssmn~.rs To: Sue Filson From: Clifford W, Flegal Jr., Chairman Code Enforcement Board North Subject: Alternate Board Member Date: December 4, 1998 Dear Ms. Filson; Our Board is in need of an alternate member, It has been numerous months since the current alternate Ms. Ljnda Griffin has attended any meetings. My recollection is that back in mid-ninety seven Ms. Griffin advised the Board Chairperson that she would be unable to participate due to medical problems. Since that time I believe I have heard that Ms. Griffin may have moved from the area. Since the period of non-participation in Board activities has been so long, whether due to medical or moving it would seem that the be.st interests of the Board would be served by finding a replacement. I would appreciate it if you could take the necessary, steps to see that a new alternate be appointed to the North Board. Thank you for your assistance. AGENDA ITJ[M .o._/O ~ DEC 1 5 1998 ASSOCIATif~'~ a~ P.O. Bo~ $4~ / Tail~has.s~.rl:lq~rf#a, a2~z goard of' County Conaisstoners MEMORANDUM ea. comm. rec'd copy TO: Chairs, Boards of County Commissioners Urban and Suburban Counties FROM: Vivian Zaricki DATE: December 3, 1998 SUBJECT: Individual County Legislative Programs and Contract Lobbyists I III _ IIII IJl I Several counties develop their own legislative program each year. The purpose of this memorandum is to ask your county to consider making implementation of Revision 7 your top priority in your 1999 program, if you have not already done so. If you have already acted on your platform for 1999 without Revision 7 identified as a key issue, I would respectfully ask you to have your board re-consider to add it. Also, there are some counties which hire outside lobbying consultants each session. It is our hope that the counties which do so will include Revision 7 in the items included in your contract. Further, we hope you will consider authorizing your contract lobbyists to meet with FAC staff and your own county lobbyists to work on this issue collaboratively. Counties invest significanlly in assistance which enhances the Association's efforts. Some of those private lobbyists wield notable influence in the process. It is our goal to leverage everyone's investment to achieve optimal results as the legislature implements Revision 7. Please utilize the enclosed form to advise us of the counties' response to this request and feel free to call me should you have any questions. Enclosure cc: County Lobbyists FAC Executive Committee ~:,USF.~S~'/,V,~,~,.~o,~ ~ AGEN_D~ IT...~J~ DEC 15 1998 Pcj. / FLORIDA ASSOCIATION OF COUNTIES REVISION 7 COUNTY LEGISLATIVE IMPLEMENTATION PROGRAM I I Jill i~ II IIII NAME _, , COUNTY STAFF CONTACT TITLE _ Yes, my board of county commissioners has identified Revision 7 implementation as a key issue for our county and we will make it a top priority for the 1999 legislative session. No, however, my board of county commissioners will consider adopting Revision 7 implementation as a top priority for the 1999 legislative session. No, my board of county commissioners will be unable to make the implementation of Revision 7 a top priority for the 1999 legislative session. We hereby authorize our contract lobbyist(s) to meet with FAC staff for a bdefing and to coordinate lobbying activities on Revision 7. Comments: Please return this form via fax by December 21, 1998, to the attention of Alyc6 Philyaw at the Florida Association of Counties, at 850/488-7192. AGENDA ITEH Pg. EXECUTIVE SUMMARY PETITION NO. PUD-98-16 R. BRUCE ANDERSON OF YOUNG, VAN ASSENDERP & VARNADOE, P.A. REPRESENTING U.S. HOME CORPORATION, REQUESTING A REZONE FROM RMF-12(10), RMF-6, RSF-4, AND A TO PUD PLANNED UNIT DEVELOPMENT TO BE KNOWN' AS CEDAR HAMMOCK GOLF & COUNTRY CLUB PUD FOR 799 SINGLE FAMILY AND MULTI-FAMILY DWELLING UNITS AND AN 18-HOLE GOLF COURSE LOCATED SOUTH OF DAVIS BOULEVARD (S.R. 84) AND WEST OF S.R. 951, IN SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST, CONSISTING OF +/- 418 ACRES. OBJECTIVE: The petitioner seeks to have land described herein rezoned from its current zoning designation of Agricultural (A), RMF-12(10), RMF-6, and RSF-4 to Planned Unit Development (PUD) for the purposes of developing a mixed use residential golf course community. The petition specifically provides for a total of 799 single family and multi-family dweliing units designed around an 18-hole championship golf course and an extensive wetland preservation scheme, including submerged wetlands and transitional wetlands. CONSIDERATIONS: The overall development scheme as illustrated by the PUD Master Plan indicates that residential development tracts arc primarily located interior to the development, surrounded on both the interior and exterior by lakes, preserve areas, and golfcourse. Access to the site is provided by two (2) major entrances. One (1) located offofSR-84 (Davis Boulevard) and one offofCR-951. The road linking these two entrances provides the primary access through the site to the residential development tracts and golf course/countr'y club on the north and south sides of the main road. There is no proposed interconnection with either the residential development to the south or the Westport Commerce Center PUD to the north. This 418.8 acre development proposal includes a maximum 799 unit residential mixed land use development of single family and multiple family development and a golf course with related country club facilities. The subject petition is for a mixed use residential PUD. for single family and multi-family land uses, which are authorized uses of land in the urban residentially designated area of the Future Land Use Element (FLUE), therefore, it is consistent with the FLUE. The petitioner has requested a Clearance letter pursuant to the requirements of 9J-2.015, Fla. Administrative Code, to determine whether the subject property may be required to undergo DRI review, or is otherwise subject to aggregation, with any other development pursuant to applicable sections of the Fla. Admin. Code or Statutes. That determination is pending. Nc' ~! DEC i 5 1998 Land Use Residential Density: The proposed density of 1.9 dwelling units per acre for a total of 799 dv,'elling traits on +/- 418 acres, equates to twenty-four (24) percent of the maximum pem~itted 3,350 dwelling units permitted bv thc Future Land Use Element's Density Rating System. That relationship can be shown as £oilov,'s: ACREAGE 418.8 acres BASE DENSITY 4 du/acre ADJUSTMENTS Proximity to Activity Center Density Band up to 3 du/acrc (more than 50 percent of project is within density band) Direct access to 2 or more arterial (Davis and I du/acre 951) TOTAL UNITS max 8 du/acre x 418.8 acres -- 3,350 units The proposed project's 799 unit total equates to seventy-three (73) percent of the maximum permitted 1,120 units permitted by the existing zoning. That relationship can be sho,`vn as follows: EXIST. ZONING DENSITY ACREAGE UNITS ;' A I du/5 acres 277.93 55.59 RSF-4 4 du/ac 50.42 201.68 RMF-6 6 du/ac 10.44 62.64 RMF-12(10) I0 du/ac 80.01 800.10 TOTAL UNITS 418.80' 1,120 units Traffic Circulation Element - The ITE Trip Generation Manual indicates that the proposed petition will ~zencratc approximately 4,240 daily trip ends and 392 PM Peak Hour trip ends. Based on this data. the sit~ generated traffic exceed the significance test slandard (5 percent of the LOS "C" design volume) on Davis Boulevard east ofSanta Barbara Boulevard after trip assignments are made. Hov,'ever, this petition ,,,.'ill not lower the level of sen'ice below the LOS "D" standard within the project's radius ofdevelopment influence (RDI). Therefore, the project is consistent with Policy 5.1 and 5.2 of the Traffic Circulation Element (TCE). The TCE lists CR-951 as a 4~lane arterial road from Rattlesnake-Hammock Road to SR-84. The current traffic count for the segment fronting the project is 22,425 PSDT and is operating at LOS "B". The projected 2002 build-out traffic is approximately 27,308 (LOS "B"). The Peak Seasons Daily Traffic was based on the Peak/Annual Ratio shown in the County's Transportation Planning Database. This road segment is not projected to be deficient within the next 5 years. The traffic count for the segment of Davis Boulevard east of Santa Barbara Boulevard is 8,275 (LOS "B") while the projected 2002 traffic is 10,411 (LOS "B"). The planned and proposed improvements within the project's RDI ,`,,'ill ensure that the adopted LOS .. standards are maintained. As a result, this petition complies with Policy 1.3 and 1.4 ofthe TCE. [ EC 1 5 1998 Thc Interim Year 2010 and 2020 Financially Feasible Plans of the Traffic Circulation Element of thc Growth Management Plan indicatcs a future 4-lane roadway connecting from SR-84 (Davis Boulevard) from the beginning of the S-curve easterly to CR-951. The Florida Department ofTransponation (FDOT) is presently performing a preliminary planning/engineering study to deternfine the possible future realignment of SR-84 from the beginning of the S-curve on SR-84 east of Santa Barbara Boulevard easterly to CR-951. Three (3) alternative routes have been identified: Alternatives A and B, generally shown on the following map, involve realignments of SR-84 wi'rich transgress the middle of thc subject property. These are generalized corridorr4 which have bccn located lo both serve longer distance through trips and reflect sensitive environmental factors in the corridor. Alternative C involves an upgrading of the existing facility to meet future traffic dcn~and. Alternative C would more than likely require additional portions ortho subject property either dedicated or purchased by the State in order to construct any ; planned improvements. ALTERNATIVES F75 ~ ~ C ~'~ B Immmllll SR a4 A FISCAL IMPACT: This PUD by and of itself will not have a fiscal impact on the County. ttowever, if this request meets its objective, a portion of the existing land will be further developed. The mere fact that new development has been approved will result in a future fiscal impact on Count>, public facilities. The County collects impact fees prior to the issuance of building permits to help off-set thc impact ofeach new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event that impact fcc collections are inadequate to maintain adopted levels ofservice, the Count,,,, must provide supplemental funds from other revenue sources in order to build needed facilities. GROWTH MANAGE~IENT IMPACT: Thc site is located in the Urban Mixed Use Residential Land Usc classification as designated area on the County's Future Land Use Map. Urban Residential Mixed Use is inclusivc ora variety ofresidential land uses including single family, multi-family, duplex, mobile home and mixed use (Planned Unit Development). This petition will do nothimz to impact the Growth Management Plan. ~ DEC i 5 1998 ttlSTORIC/ARCHAEOI,OGICAL IMPACT: StafUs analysis indicates that the petitioner's property is located outside an area of historical anti archaeological probability as referenced on thc official Collier County Probability Map. Therefore. no' Historical/Archaeological Sup,'ey and Assessment is required. PI,ANNING COMMISSION RECOMMENi)ATION: Due to unforeseen circumstances, the scheduling of this petition did not allow for staffto summarize the Planning Commission vote and rccornrncrldation at thc time of submitlal of this summary. Therefore, the Planning Commission's recommendations anti vote will be verbally presented at the Board meeting scheduled for December 15, 1998. Staff's conditions for recommendation of approval as they ,.,,'ill be presented to the Planning Commission at thc December 3, 1998 meeting arc as follows: 1. Should the FDOT selcct an alternative for the planned relocation of SR-84 which affects the proposed project, and thc FDOT acquires the affected lands, the PUD Master Plan and applicable sections of the PUD document shall bc amended to provide for the reservation of £uture right-of-way for the relocated SR-84 provided the petitioner shall not be required to provide environmenlal mitigation as a result of said rcsc~'ation. 2. Should the DCA determine that the project qualifies as a DRI. no additional development orders shall be issued on thc property until thc rccluired DRI process is complete and necessary approvals are i.: granted. 3. Sidewalks shall bc constructed on both sides of the street as required in the Collier County Land Development Code and shall hc constructed to the st~,ecifications as required by all applicable sections of the Land Development Code. PREPARED BY: t __: '~ '--<-L ~-/-'J ,' ,,/~, ~' ' , . ./SUSAN MURRAY, AICP DATE CHIEF PLANNER REVIEWED BY: RONALD F. NINO. AICP. MANAGER DATE CURRENT PI..ANNING SECTION / ROBERT.I., '~ULHERE. AICP. DIRECTOR DATE PLANNING SERVICES APPROVED' BY: \ INCENT A. CAUTERO. AICP, ADMINISTRATOR DATE COMMUNITY DEV'ELOPMENT & ENVIRONMENTAL S\"CS. Petition Number: PUD-98-16 Cedar Hammock PUD This petition has been tentatively scheduled for the December 15, 1998 Board of County ,~,:.~, ~..,ts,. Commissiormrs Public Hearing. ,,,o ~ 13['12 1 5 11198 .M E~IORANDU.%I TO: COLLIER COUNTY PLANNING COMMISSION FRO.~I: COMMUNITY DEVELOPMENT ,.~.N'D ENVIRONMENTAL SERVICES DIVISION DATE: NOVEMBER 2. 199§ RE: PETITION NO: PUD-9$-16 CEDAR HAMMOCK GOLF & COUNTRY CLUB OWNER/AGENT: Agent: R. Bruce Anderson Young. ','an Assenderp & Vamadoe. P...\. S0l Laurel Oak Drive, Suite 300 Naples. FL 34108 Owner: U.S. Home Corporation 10491 Six Ylile Cypress Naples. FL 34108 REQUESTED ACTION: O The petitioner seeks to have land described herein rezoned from its current zonino, q desi~znation of ,Agricultural (A 1. RMF-t2(101, RMF-6. and RSF-4 to Plarmed Unit Development(PUl5) for the purposes oi"develop)ng a mixed use residential tzolfcourse community. The petition specifically provides for a total or' 799 single family and multi-family dwelling units des~uned around an 18-hole championship golf course and an extensive wetland presen'ation scheme, includinz submer~2ed '`vetlands and transitional wetlands. - - GEOGIL-~,PH I C LOCATION: The +/- 418 acre subject site is comprised ora portion of Section 3. Township 50 South. Range 26 East. The irregularly shaped parcel abuts Davis Boulevard on the north and ,,,.'est and CR-951 on the east. The southern border of the site abuts the Naples Heritage PLT). a similar mixed-use residential uolf-course t,vpe of residential development. The northeast comer of the subject site abuts the Westport Commerce Center PUD which is located at the intersection of SR-$4 (Davis Boulevard) and CR-951. PURPOSE/DESCRIPTION OF PROJECT: This petition if approved would in fact rezone a au~retzation of lands currentlv zoned A~riculturc iA' R. MF-12(10). RSF-4 and RMF-6 to PUD in order to develop a unified development comprised ora mixture or' single family and multiple family residential land uses developed around an I8-ho1¢ championship golf course and related country club facilities. The proposed density of 1.9 dwellin~ units per acre for a total of 799 dwelling units on -/- 418 acres, equates to twenty-four i24) percent oft~e maximum permitted 3.350 dwelling units permitted by thc Future Land Use Element's Density Rating System. That relationship can be shown as follows: ' ACREAGE 418.8 acres BASE DENSITY 4 du./acre ADJUSTMENTS Proximity to Activity Center Density Band up to 3 du:acre (more than 50 percent of project is x('ithin density band) Direct access to 2 or more arterial {Davis and 1 du..'acr¢ 951) TOTAL UNITS max 8 du,,'acre x 418.8 acres = 3,350 units The proposed project's 799 unit total equates to seventy-three {73) percent of the maximum permitted 1.120 units pcrmittcd bx' thc cxisting zoning. That relationship can be shown as follows: EXIST. ZONING DENSITY ACREAGE UNITS O A I du./5 acres 277.93 55.59 RSF-4 4 dwac. .50.42 201.68 RMF-6 6 d u~"ac 10.44 62.64 RMF-12(10) 10 du:'ac 80.01 800.10 TOTAL UNITS 418.80 1.120 units The overall development scheme as illustrated bv the PUD Master Plan indicates that residential development tracts arc pr/marily located inter/or to the developmcm, surrounded on both the interior and exterior by lakes, prese~'e areas, and golfcourse, .Access to the site is provided bv two (2) major entrances. One (1) located offofSR-84 (Davis Boulevard} and one offofCR-951'. The road linking these two entrances provides the primao' access through the site to the residential development tracts and golf course/countrv club on the north and south sides of the main road. There is no proposed interconnection xvith either the residential development to the south or the Westport Commerce Center PUD to the north. In summary.', this 418.8 acre development proposal includes a maximum 799 unit residential mixed land use development of single familv and multiple family development and a golf course with related country club facilities. SURROUNDING LAND USE AND ZONING: Existing: Thc subject proper'ty is vacant and presently has an Agriculture CA). RMF- 12(101. RSF-4 and RMV-6 zoning designation. Zoninll l. and Use Surrounding. North - RMF-12(101 and PUD Davis Blvd., vacant and Westport Commerce Center PUD approved for a mixture of commercial and industrial land USES. South - PUD Naples Heritage PUD. A mixed use residential PUD developed around an 18-hole golf course and country club facility. Approved at a density of 1.43 dxvelling units per acre. East - PUD SR-951. Forest Glen of Naples. residential golf course community. Approved at a density of 1.24 dwelling units per acre. West- PUD Naples Heritage PUD. A mixed use residential PUD developed around an 18-hote golf course and country club facilities. Approved at a density of 1.43 dwelling units per acre. GRO\VTtt .XlANAGEYlENT PI.AN CONSISTENCY: The land which is thc subject of this petition is designated Urban Residential on the Future Lan. d[Use Map of thc Growth Management Plan..-\ portion of this property (greater than 50 percent) fills within the density' band sugounding Davis Boulevard and CR-951. The residential type of land uses proposed by the PUD document and PUD master plan are clearly consistent with the Future Land Use element of the Collier Count.,,' Growth Management Plan. Urb;in Residential Mixed Use is inclusive of a varietY'of d es m,c. ludmg .s[ngl.e f.am~l.,,', muir,family, duplex, and mixed use (Planned Unit ~, · e suoject petmon ~s Ior a residential mixed use uolfcourse and country club community PUD which is an authorized use of land in the urban residentiallv~lesiunated area of the'Future Land Use Map (FLUM), therefore, it is consistent with the FLUE. Portions of the neighboring property to the south (Naples Heritage PUD) are also owned by the petitioner. The petitioner has requested a Clearance letter pursuant to the requirements of9J-2.015.'Fla. Administrative Code. to determine whether the subject property ma.,.' be required to undergo DRI reviev,', or is otherwise subject to aggregation, with any other development pursuant to applicable sections of the Fla. Admin. Code or Statutes. That clet /is pending. DEC 1 5 1998 Consistency with other applicable elements of thc Growth Management Plan IGMP} is as follo`.vs: Land Use Residential Dcnsitv: The projected density of 1.9 dwelling units per acre is consistent with the density rating system contained in the FLUE and is based on thc following relationships to the required criteria: Base Density up to -4 dwelling units/acre Activity Center Density Band up to *3 dwelling units/acre Direct access to two or more arterials +1 dwelling units/acre Maximum potential Density +8 dwelling units/acre Consistent with the density rating system contained in the FLUE. within Urban desire'rated areas. the subject site is permitted a base density of four (4) dv,'elling units/acre. Greater than rift), (50) Percent of the site is also located within an Activity Center Density Bands which emanate from the activity center located at the intersection of Davis Boulevard and CR-951. Because of its location within a density band, the FLUE allows for up to three (3) additional dwellin~ units/acre over the base of four (4). Additionally, the site has access to two (2) major arterial roadways (~avis Boulevard and CR-95 I), thus allowing for an additional density bonus of one (I) dwelling unit per acre for a maximum permitted density of up to eight (8) dwelling units per acre. Consistent with the allowable density described in the Density Rating Sys',t~ of the FLUE. the applicant is requesting 1.9 dwelling units per acre. a density well below the eligibl, density of 8 dwelling units per acre and which will equate to a maximum buildout of 799 dwelling umts. Traffic Circulation Element- The ITE Trip Generation Manual indicates that the proposed petition will .generate approximatcl('. 4.240 daily trip ends and 392 PM Peak Hour trip ends. Peak hour volumes ,,,,'ere estimated using thc t~ro:`.'th rate established by the FSUTMS model which includes the existing"committed road and intersection improvements. Based on thi;s data. the site generated traffic exceed the significance test standardli(5 percent of thc [.05; "C" design volume) on Davis Boulevard east of Sama Barbara Boulevard afl,er trip assignments are made. However. this petition will not lower the level of service below the LOS i"D" standard within the project's radius of development influence (RDI). Therefore. the project is consistent with Policv 5.1 and 5.2 of the Traffic Circulation Element (TCE). The TCE lists CR-951 as a .4-1ane arterial road from Rattlesnake-Hammock Road to SR-84. The current traffic count for the segment fronting the project is 22.425 PSDT and is operating at LOS "B". The projected 2002 build-out traffic is approximately 27.308 (LOS "B"). The Peak Seasons Daily Traffic was based on the Peak/Annual Ratio shown in the County's. Transportation Planning Database. it should be noted that this road segment is not projected to be deficient within the next 5 years. The traffic count for the segment of Davis Boulevard east of Santa Barbara Boulevard is 8.275 (L(3S "B") while the projected 2002 traffic is 10.411 (LOS "B"). ,~GE ,'-I DA / 4 BEg 1:5 1991 The planned and proposed improvements within the project's RDI will ensure that the adopted LOS standards are maintained..-ks a resuh, this petition complies with Policv 1.3 and 1.4 ofthe TCE. The Interim 'Fear 2010 and 2020 Financially Feasible Plans of the Traffic Circulation Element of the Grox,.'~h Managemem Plan indicates a future 4-1ane roadwav connecting from SR-84 (Davis Boulevard) t'rom the beginning of thc S-cur¥c easterly to CR-951 (see :~ttached maps). The Florida Department of Transportation I FDOT) is presently performing a preliminary planning/engineering study to determine the possible future realignment of SR-84 from the beginning of the S-curve on SR-84 east of Santa Barbara Boulevard easterly to CR-95 I. Three 1'3) alternative routes have been identified: Alternatives A and B. generally shown on the follov.'ing map, involve realitmments of SR-84 which transgress the middle ofthe subject property. These are generalized corridors wh"ich have been located to both serve longer distance through trips and reflect sensitive environmental factors in the corridor. Alternative C involves an upending of the existing £acility to meet future traffic demand. Alternative C would more than likely require additional portions of thc subject property either dedicated or purchased by the State in order to construct an.',,' planned improvements. ALTERNATIVES 1-75 C .nmnllll SR A Other Applicable Element I sl - Other applicable elements are those t.'.'pically evaluated at the time of subsequem development approvals, and generally deal with infrastructure. To the extent that improvements to infrastructure anct./or the extension of available public utilities is required, these will be mandated at the time of approval of the required site development plan and.'or subdividing ifnecessary. HISTORIC/ARCItAEOLOGICAL IMPACT: , Staff's analysis indicates that the petitioner's property is located outside an area of historical anc~ archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. .Number cf Lanes ".'ear :310 ~,*d,, Co Wes'.ern C;llier C.'un:': =--' ..... ~ ~'k-~ ~ ~C~ ~.. . ,, ..... ~ ~ ~ -~ ~ / FLCRID~ ;OT - DI~ ONE' CO~ER CGUN~ ~NTERtM ~'EAR ~0~ - ~ 1 5 1998 ~'xP~ ~:O~R CO~) UPO CO,WG-R~WGE P~N UPDATE FIN~CIA~Y-FE%SI~ , Numuer of Lanes 'fear 2320 %'esterr. Collier C~un~:,' ---r.=_- .......... - ~T~" ~" , ~ ~-'l~~ ........ g%~ ................. .,r~-"-k~-~ ~,' .x _ .__ / FLORIDA DOT - Ol~l~ ONE ,: COLDER COUNt' E~JB T 1-1 - ~,,~ ,co~, co~, ~,o ~o~.~_~,~.~ ~,. ~.~,~ HI.AY , EV.ALUATION FOR ENVIRON~IENT..\I.. TR.-\NSPORTATION AND INFR:XSTRUCTt'RE, The subject petition has been reviewed bv the approtmatc staffresponsibl¢ for Ibc above referenced ofcriticai concern. This primarily includes a review by the Communip,. Devclopmcm cnvironmenta enginecnng staff: and the Transportation Sen'ices Division staff. Jurisdictional reviews have rcsuhcd in tile formulation ofdevelopmem commitments neccssar'v to ensure compliance with the development regulations of Collier County. These dcvelopmen! commitments have all been included in thc PL'D document ancL:or have been reflected on the PUD .Xlaster Plan. Staffcompleted a comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based. This evaluation is intended to provide an objective, comprehensive overview of the impact of the proposed land use chan~ze, be the.,., positive or negative, culminafin~ in a staff recommendation based on that comprehensive overview. The listed criteria are specifically noted in Section ~. ,.,.5 and Section 2.7.3.2.5 of the Land Development Code thus requiting staffevaluation and comment, and shall be used as the basis for a recommendation of approval or denial by the Planfiing Commission to the Board of County Commissioners. Each of the potential impacts or considerations identified dunng the staff review are listed under each of the criterion noted and are cateuonzed as either pro or con. whichever the case may be, in the opinion of staff. Staffreview of each oftlfe criterion is t'ollowed by a summary conclusion culminating in a determination ofcompliance, non-compliance, or compliance with mitigation. These evaluations are completed as separate documents and are attached to the staff report. Appropriate evaluation of petitions for rezonin~2 should establish a factual bases for supportive actior appointed and elected decision makers. The evalu, ation by professional staff should typically include an analysis of the petition's relationship to the communitv's futura land use plan. and whether or no't a rezoning action would be consistent with the Collier C;ountv Growth Management Plan in all of its related elements. Other evaluation considerations should include an assessment of adequacy of transportation infrastructure, other infrastructure, and compatibility with adjacent land uses. a consideration usdallv dealt with as a thcet et'analyzing the relationship of the rezonint~ action to the long fanuc plan for future I~nd USES. Notwithstas~din$ Ibc above, s~affin reviewing thc determinants for adequate findinus Io support a rczoning action advise as follows' - Relationship to Future and Existing Land Uses: A discussion of this relationship, as it applies specifically to Collier County's leual basis for land use planning, refers to the relationship ofthe proposed zoning action to thc Future ~and Use Element of the Collier Count,,' Grov,'th .Management Plan. The subject property is located with the Urban Designated Mixed Use future land use classificatiOn as depicted on the Future Land Use Map of the Collier County Grow'th Manavement Plan. t OEC 151998 I less than ': m~ic west of'the Davis goulevard:CR-gf! intcrchanuc, and falls wi;hin lt~c dcnsiw bands su~oundin~ th~ ~ct~vitv center located at lhat intersection. Thc FIUD document indicalcs Ibc proposed development plan Ibr lhe 418 acre site is a mixed usc residential development comprised of single fmily and muhifamilv rcsidemiai land uses integrated wifl~ an 18-hole championship golfcourse and related count~' club Ihcitities and presem'e areas. The proposed mas~er plan layout minimizes ~he locati6n of residemial land uses adjacent to CR-951 and SR-84. The PUD Master ~lan shows the proposed location of future dwelling units concentrated on the internal portions or,he si~e. inten~ated with the golfcourse. presen'e area and lakes. The proposed presen'e area is comprised of approximately 113 acres centrally located on the site. from ~he nonhero to southern property bounda~'. A portion of'the golfcourse contained within the Naples Hemage PUD. a similarly p~anned community, abuts the site lo the~wesl south. Thc .Naples tieritagc PUD was approved at a density of 1.43 dwellinm units per acre. Since the proposed developmem of the subject site is also a mixed r~sidential uolfcourse development at a proposed density of 1.9 dwelling units per acre. it c~ be considere~highly compatible with the Naples Heritage PU~. Lands designated as presen'e are~ and commons,,recreation areas will provide open space and buffeting between the two similar uses. and between the subject site and CR-951 and SR-84 (Davis Boulevard). The property located northeast or,he subject site is vacant ~d h~ a zoning designation of Agriculture ~..t) and RMF-12 (10). Pan or'thc proposed presen'e area abuts the entire northeast bounds, and shaiI adequate].,.' buffer thc residential uses :?om future usc or'these propemes. The proposed location of lakes, golfcourse,,recreation areas and the required setbacks w;ll buffer the subject site from the future uses associated with the Westpo~ Commerce Center PUD along the eastern boundan,. The Westpo~ Commerce Ccntcr PUD Master Plm~ indicates an eiuht Iff) acre Sake located adJacent'to its southern boundau' abutting the proposed Cedar Hammock d~veloPment. Although the l~d uses lo the nO=h of this lake are shown as light industrial, the lake and the uolfcourse plan~ed for the subject property should sufficiently buffer planned residential uses from planned light industrial uses. Open space, ingress/egress, landscape buffers, and other applicable developmem standards comply with the requirements of the Collier County L~d Development Code. With respect to compatibility issues. s~affis or,he opinion that the subject petition is consistent with the Collier County Growth M~auement Plan and is therefore compatible with other approved Pl~ned Unit Development~ within lhe ~eaTThe proposed layout of ibc residential areas internal to the site. fl~e proposed wetlanCpresen'e area. and the required yards and landscape buffenng, will sen'e to buffer ~he proposed development from future uses the noah and south, and CR-951 to the east and SR-gg ~o the west. The s~te is compatible with the residemiai golf course community to the south, but it is proposed ~o be developed at a slightly higher density (requested 1.9 dwelling units/acre versus 1.43 dwelling units per acre for fl~e Naples He~mge PUD). Development stipulations within the PUD ~d the layout of the proposed site plan will protect integrib, of the adjacent residential community. Traffic: The 1TE Trip Generation M~ual indicates that the proposed petition will uenerate approximately 4.240 daily trip ends and 392 PM Pe~ Hour trip ends. Based on this data. the si~e generaled ~raffic exceed the significance test stander (5 percent of the LOS "C" design volume~ on Davis Boulevard eas~ of S~ta Barbara Boulevard after trip assigmments are made. However, this petition will not lower the level of se~'ice below the LOS "D" st~dard within the project's radius of development influence (~I). Therefore. the project is consistent with Policy 5.1 ~d 5.2 of the Traffic Circulation Element (TCE). Nevertheless the project remains subject ~o ~ransponation concu=encv requirement~ development phases. ' From a planning and traffic safety standpoint, due to the clear sight distance of thc cxistinu ingress and egress easement, the proposed access should operate adequately subject to any required engineering modifications and the Collier County Access .Manauement Pla'ri. The linal ~eometrv and desi,zn of thc access ,.,.'ill be reviewed at the time m' Preiimmarv Site Development Plan~SDP) and,,or I"rcliminarv Subdivision Plat IPSP) review. The Interim Year 2010 and 2020 Financially Feasible Plan's of the Traffic Circulation Element ofthe Grov,'th Management Plan indicates a future ,l-lane roadv,'av connecting from SR-84 from the beginning of the S-curve easterl',,' to CR-951. The Florida Department of Transportation (FDOT) is presently performing a preliminary planninWengineenng stud,.' to determine the possible future realignment of SR- 84 from the beginning of the S-curve on SR-84 east of Santa Barbara Boulevard easterly to CR-951. Three (3) alternative routes have been identified. These are generalized comdors. The State's specific right-of-way needs have not ,,,'et been identified. The GMP consistency revie,,,.' indicates that approval of this petition is consistent with policies of the TCE. Utility lnfraslructuro: Both a public san/tar,.' sewer and municipal water suppl.,.' is available to the property. All development must comply ,.vit}~ surGcc water management requirements invoked at the time of site development plan approval. Community [nfrastructurc and Sen'ices: O Thc subject property has convenient access to a wide range of community infrastructure, which is enhanced by its frontage on CR-951 and SR-84. Shopping centers, business offices and medical offices are all v.'ithin a short driving distance. The \Vestpon Commerce Center PUD is approved for commercial and light industnal type of uses. and when developed, should serve the residents of this community as ',','ell as neighboring residential developments. ' gummar-v: Based on tine above analysis, the l'ollowing conclusions can be reached from the staff report: I. The proposed rezoning of the subject property from the current zoning designation of Agricultural (A), RMF-12(10), RMF-6. RSF-4 to Planned Unit Development (PUD) and the PUD development strategy for mixed use residential single family and multi family development surrounded by a golf course and related count~, club facilities is consistent with the FLUE'of the GMP. 2. The proposed density of development and development regulations are consistent with those authorized in the GMP's density rating system for projects located in the Urban Mixed Use Future Land Use classification, an Activity Center Density Band. and surrounding similarly developed properties. s /..o'" .. 3. \Vith thc exception et'thc Traffic Circulation Element. all pertinent elements of the GMP ',','ere reviewed and thc methods l'or achieving consistency are made a part of tine PUD regulations or other'`vise achieved by thc PUD Master Plan. Consistencv with tile Traffic Circulation Element could be achieved by requiring the petitioner to amend the PL;D regulations and Master Plan in order to depict the planned relocation of SR-84. as she'`va on thc 2010 and 2020 Financially Feasible Plan. ',vhen an alternati'`'e is selected by tile State/see :: 61. 4. Findings related to the application to rezone to PUD and the development standards specified in the PUD document and Master Plan support a recommendation of approval and compatibility' with adjacent land uses at a density of 1.9 dwelling units per acre. 5. The petitioner has requested a Clearance Letter from the State Department of Community Affairs (DCA). The DCA is in the process of evaluating that request and making a determination as to the potential DRI status of this project as it relates to thc Naples Heritage PUD project to the south. Therefore, the DRI status of this petition is unknown at this time. 6. The Florida Department el'Transportation (FDOT) is nearinu the completion of the second phase ora corridor stud,,' in order to identify alternative aliunments for SR~84 based on an assessment of existing and future transportation needs. Two (2) proposed al~ernati'`'cs (A and B) transgress thc subject property. Alternative C follox,,'s the northwestern boundar).' of the site along thc current SR-84 right-of-way. Selection of an,,' of thc three allenmtix'es '`vould more than ]ikclx' impact the subject site ifapprov~2d. Should thc State choose one el'these alternati'`'es, it is'likely that they ,,','ill need to purclmsc additional lands either through or adjacent to thc subject prope."ty in order to c~nstruct these improvements. Al this time however, an alternative route has not been selected. STAFF RE CO ~ I.%I E NI).A"I'ION: Staff' recommends that Collier Count.,.' Planning Commission lbp. vard a recommendation for approval of Petition PUD-97-16, Cedar lq ammock PUD to the Board of Count,.'. Commissioners. pursuant lo the Ordinance of.-\doption and Exhibits attached thereto with the follo,.vint, stipulations: I. Should the FDOT select an alternative for the planned relocation of SR-84 which affects the proposed project, and the FDOT acquires the afI'ccted lands, the PUD ,Master Plan and applicable sections of the PUD document shall be ameinded to prox'idc for thc reserx'ation of future riuht-of-wa~., for the relocated SR-84 pro:'idcd thc petitioner shall not be required to provide en'`'ironmental mitiuation as a result of said resc~'ation. 2. Should the DC._',.\ determine that the project qualifies as a DRI. no additional development orders shall be issued on thc property until the required DRI process is complete and necessa~, approvals are granted. 3. Sidewalks shall be constructed on both sides ofthe street as required in the Collier County Land De'`'elopment Code and shall be constructed to the specifications as required by all applicable sections of the Land De'`'elopment Code. 1998 PREPARED BY: SUSAN ~IURK,.\Y...\ICP ., DATE CHIEF PLANNER CU~EN'T PLAN~IXG MANAGER ~/? ? L.t.,...- / --" //f ROBERT J..XfL'LHERE. AICP DATE PLAN~N'G SERVICES DEPARTMENT DIRECTOR A P P~ ~ V~CENT A. CAUTERO, AIC~, ADM~IST~TOR ~ATE COMML~TrY DEVELOPMENT AN~ EN~q~ONMEXTAL SVCS. Petition Number: PUD-t)8-16. Cedar Hammock PUD Staff Report Ibr December; 1998 CCPC .",leering NOTE: This Petition has been tentatively advertised for the December 15. 1998 BCC meeting. COLLIER COUXTY PLAN~'ING COMMISSION: MICHAEL J. BRUET. CHAIRPERSON 10 t DEC 1 5 '1998 REZONE FINDINGS FOIl PETITION PUD # 98-16 Section 2.7.2.5. of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of Count,,, Commissioners shall show that the Planning commission has studied and considered the proposed change in relation to the following, where applicable: 1. Whether the proposed change will be consistent with the goals, objectives, and policies and Future Land Use map and the elements of the Growth Management Plan. pro/Con: Evaluation not applicable. Summary. Findinas: The proposed development is in compliance with the Future Land Use Element of the Grov,-th Management Plan for Collier Count,.,. Consistency v.'ith the Traffic Circulation Element could be achieved by requiring the petitioner to amenc~ the PUD regulations and Master Plan in order to depict the planned relocation of SR-84. as shown on thc 2010 and 2020 Financially Feasible Plan, when an alternative is selected by the State. The Urban Residential Future Land Us~ Map (FLLrM) designation, applicable to the property, anticipates a zoning action to an.,,' residential zoning district so long as the authorized density is consistent with the density rating system to the FLUE. The project is located within the Mixed Use Urban Residential land use designation and greater than rift3,' (50) percent ofthe property is located xvithin a density band surroundina the Activir,.. Center located at SR-84 and CR-951 as shown on the adopted FLU:'M. The requested den~ty of 1.92 ciwelling units per acre does not exceed the maximum permitted density of'eight {8) dwelling units per acre based on the criteria in the Density Rating System contained in the FLUE. ' 2. The existing land use pattern: Pro/Con: Evaluation not applicable. Summarv Findings: Existing: Thc subject property is vacant and presently has an .Agriculture (A), 12(10), RSF-4 and RMF-6 zoning designation. Zoning Land Use Surrounding: North - RMF-12(10) and PUD Davis Blvd., vacant and Westport Commerce Center PUD C 1 5 1998 I1 South - PUD Naples Heritage PUD A mixed use residential PUD developed around an I S-hole golf course and country club facilities. Approved at a density o£ 1.43 dwelling units per acre. East- PUD SR-951. Forest Glen of Naples. residential golf course community. Approved at a density of 1.24 dwelling units per acre. West- PUD Naples Heritage PUD A mixed use residential PUD developed around an 18-rote golfcourse and country, club facilities. Approved at a density of 1.43 dwelling units per acre. 3. The possibilil3. creating of an isolated district unrelated to adjacent and nearby districts; Pro/Con: Evaluation not applicable. Summary' Findingt: The site is adjacent to an existing mixed use residential golfcourse and count club development to the south and ',,,'est, across Davis Boulevard. To the north, properties are zoned~ residential and a~m-icultural development, as ',,,'ell as for light industrial development as part ofthe Westport Commerce Center PUD. The availabilit), of adequate infrastructure and the proximity to adjacent developments justify a rezoning action to PUD. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the propert?,.' proposed for change. Pro/Con: Evaluation not applicable. Summan' Findings: The district boundaries are logically drawn. The site is similar in area and shape to the .Naples Heritage PUD adjacent to the site on the south side. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. Pro/Con: Evaluation not applicable. Summarx FindinE~: The proposed change is appropriately based on the existing conditions of the property' and because it is consistent with the Future Land Use Element of the Growth Management Plan. , 15 1998 6. \\'hether the proposed change will ad.,'erselv intluence living conditions in tile neighborhood Pro..__.5: {il The zoning designation of thc adjaccm property' to the south legally allows a similar density of development ~'1.43 dwelling units?acrel therefore, the rezonin~ action should not adversely affect livinu conditions in the area. (ii) Thc proposed master plan shows proposed residential areas of thc site are isolated from the contiguous residential property to the north and south. The proposed residential areas on the subject site are separated from the neighboring property bv a golf course, preserve area. proposed lakes, and required landscape b u ffe rs. ' Con.____~ The conversion of raw land to urban development may be viewed by the neighboring property owner's to the .,,.'est as an infringement on their existint~ quality of environment. However. by law, the County cannot dcnva property owner reasonable use o~f his..hcr land. consistent with the Cor~prchensive Plan, without fair compensation. S_umman' Findings.' The proposed zonin,.2, amendment ,.,,'ill not ad.,'ersclv affect living conditions in the neighborhood because tile recommended development standards and other conditions lbr approval have been developed and designed to ensure the least amount of adverse impact on adjacent developments. 7. Whether the proposed change ',','ill create or excessively increase traffic congestion or create t)'pes of traffic deemed incompatible .,vith surrounding land uses. because of peak volumes or projected t)'pes of .,'ehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Pro: (i) The proposed development of thc subject property is consistent with the provisions Ofthe Traffic £1ement of the Grow'th Manauement Plan. therefore proposed de;'elopment should not adversely affect the comfort and safety ofexistinu users on adjacent public roads. fill The s~tc has access to two 12) arterials I Davis Boulevard anti CR-951 ) The site is also located within one Il) mile of the 1-75 interchange at CR-951. Con: .-\s urban intensification increases, there is some loss of comfort and ease of travel to motorists using the adjacent roadways. However. by law. this deuree of discomfort is reuulated by concurrcncv requirements. Planned improvements to SR-84 coupte~ with development oft~e subject site ma,,, increase traffic congestion in the area depending upon the timing of both projects. SummaryFindin~os: Evaluation ofthis project took into account the requirement for consistency with Policv 5.1 of thc Traffic Element of the GMP and was found consistent. 8. Whether the proposed change v,'ill create a drainage problem; Pro: Water management improvements to accommodate site development are designed to accommodate the normal drainage requirement. i:£C 1 5 1998 13 ..Con: Urban intensification always poses a threat lbr area-wide floodin~ under the most severe rainfall event, unless countywide drainage improvements are made commensurate with urban intcnsifica:' t. .Summam' Findings: EyeD.' project approved in Collier Count.,.' invol,.'ing the utilization of land fo~ land use activity is scrutinized and required to mitigate all sub-surface drainage generated by developmental activities as a condition r*l'approval. This project ',,,'as reviewed for drainage relationships and design and construction plans are required to meet Count,.' standards as a condition of approval. In the event area-wide deficicncms develop, v.'hich deficiencies Would be further exacerbated by developing vacant land. the County is required to react through its Concurrency Management system. 9. Whether the proposed change ',','ill seriously reduce light and air to adjacent areas; Pro/Con: Evaluation not applicable. .Summa~. Findin~D: Ail projects in Collier Count,.' are subject to the development standards that are unique to the zoning district in which it is located. "These develo merit standards generally and e uall`.' to all .... .P .. and other apply ....... q ,. zoning d~stncts (~.e. open space reqmrement, comclor management rovisions. crc. ~ were c~es~gncc~ to ensure that light penetration and circulation of air does not adversely affePct adjacent areas. I0. Whether the proposed change ,,','ill adversely affect properp,.' values in the adjacent area; Pro__.~.' L'rban intensification typically increases the value ofadjacent vacant or underutilized land. Co n.__._~: None. Summary Findin~s~ This is a subjective determination based upon anticipated results which may be internal or external to the subiect property that can affect prope~y values. Property valuation is affected by many factors including zoning, however zoning by itself may or may not affect values, since value determination by lax,.' is driven by market `.'alue. The mere fact that a property is uiven a ne,,,,' zoning designation ma,.' or mav no~ affect value. I 1. Whether the proposed change will be a deterrent to the improvement or development of adjacent propert2,.. in accordance with existing regulations: Pro/Con: Evaluation not applicable. Summary Findings_...Application of the development standards found in the Land Development Code combined with the administrative site development plan approval process, should give reasonable assurance that the proposed change in zoning will not deter the future improvement or development of adjacent property. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare: _Pro/Con: Evaluation not applicable. Summary Findinl!s: Since consistencv with the Future Land Use Element of the Countv's Growth .',.Ianagement Plan is deemed to be in the public's interest, and because the proposed rezonino action and subsequent development complies with tile Growth Management Plan. then the proposal can be deemed not to constitute a special prMlege and in thc public interest. 13. \Vhether there arc substanlial reasons whv the property cannot be used in accordance with existing zoning; Pro/Con: Evaluation not applicable. S_ummarv Findin2s: The subject property is not undcvelopable under its current zoning designation. The petitioner's request is consistent with'the Future Land Use M'ap in that the site is located inan Urban Designated Area. a portion of which is located within a density band surrounding major intersections north of the site. Surrounding properties south and west of the site arc already developed or are under development at densities which are very similar to what is bein~ proposed b,~' this action. To develop a portion of'this site at its present, allowable density ofone I1 ) requested rezoning · dwelling unit per five (5) acres would he incompatible ,.vitil the surrounding land uses south and west. and inconsistent with the intent of'the Urban Land Use designation and Activity Center Density bands as described in the Growth Management Plan. 14. \Vhether the change suggested is out of scale '~'.ith the needs of the neighborhood or the Count.,,'; Pro/Con: Evaluation not applicable. Summary FLndinss_: The proposed development complies with the Growth Management Plan, a policy statement which has evaluated thc scale, density and intensity of land uses deemed to be acceptable for this site. 15. \Vhether it is impossible to find other adequate sites in the Count,,' for the proposed use in districts already permitting such use. pro,Con: Evaluation not applicable. Summan' Findings2 This is a special purpose petition which involves establishing a developm, ent not otherwise available under the existing zoning scenarios. 16. The physical characteristics of the propert3., and the degree of site alteration which Would be required to make the property usable for an,,' of the range of potential uses under the proposed zoning classification. Pro/Con: Evaluation not applicable. AG F ~'~D& IT~[M t DE{~ 1 5 1998 Illlll Il Ill I f [i[lii[ [LA Summarv Findings: The extent ol'site alteration will be determined as a function of obtaining Site Development Plan approval which ,,'.'ill be necessary, to execute the PUD's development stratct, y. Th existing wetland area on site will be preserved. ' 17. The impact of development on the availabilit;' of adequate public facilities and services consistent with the levels of sera'ice adopted in the Collier County Growth management Plan as defined and implemented through the Collier County Adequate 'Public Facilities Ordinance. as amended. ' Pro/Con: Application not applicable. Summary. Findings: Sanitary sewers and municipal water utilities are available to serve the development. Review by jurisdictional staff for consistency evaluation with GMP required levels of sen'ice advise that there is no deficiency. DEC 1 5 1998 FINDINGS FOR PUD PUD-97-1 Section 2.7.3.2.5. et'thc Collier Count'.,/,and Development Code requires the Planning Commission to make a finding as to the PUD Master Plan's compliance with the following criteria: 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Pro____i (i) The subject site is located adjacent to a similar existinu single family and multi- family, golf course and country club development on t'he south and ,,vest sides. (lit lntensi£ying land development patterns produces economies of'scale relative to public utilities, facilities and services, which are currently available in this area. (iii} Thc extent lhat location choice is enhanced for residential environments within the designated urban area reduces the push on urban sprawl. Con___.~ (i) Nearby residential communities often perceive residential intensification in their area as contributing factors to inconveniencint~ movements to and from their place of residence. ' Finding: Jurisdictional reviews bF. Count;, staff support the manner and pattern of development proposed for the st]bject property. Development conditions contained in the PUD document give assurance that all infrastructure will be developed and be consistent with Count}' regulations. Any inadequacies which require supplementing the PUD document '.','ill be recommended to the Board of , Count,.' Commissioners as conditions of approval by staff and the CCPC. Traditional locations tbr mixed use sim21e family and multiple family housing has been near major road intersections and adjacent to commercial nodes at intersection. The fact that the a portion of the subject site lies within a density bands makes housing within these environs the most reasonable response to land use. 2. Adequacy of evidence of unified control and suitabilitv of any proposed agreements. contract, or other instruments, or for amendments in those proposed, particularly as the,,' max' relate to arranl~ements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided ' or maintained at public expense. Pro/Con: Evaluation not applicable. Finding: Documents submitted with thc application provide evidence of unified control. The PUD document makes appropriate provisions for continuing operation and maintenance of Common areas. 3. Conformity. of the proposed Planned Unit Development with the goals, objectives and policies of the Growth .Management Plan. .Pro/Con .'_ Ex'aluatlon not applicable. Find_in_~ The subject petition has been found consistent with the goals, objectives and policies of the Growth Management Plan. The subject property is designated Urban Mixed-Use - Urban Residential on the FLUE to the GMP. As such it authorizes zoning actions aimed at allowing the land to be used for urban residential purposes. This petition has been reviewed bv the appropriate staff for compliance with the applicable elemen;s ofth~ Gro:vth Management Plan. 4. The internal and external compatibilit)., of proposed uses, which conditions may include restrictions on location of improvements, restrictions on desil~n, and bt;ffering and screenin~ requirements· Pro~Co_~n' Evaluation not applicable. .Finding._. The PUD Master Plan has been designed to optimize internal land use relationships through the use of various forms of open space separation (i.e., golf course, preserves, lakes, etc.). External relationships are regulated by the Land Development Code to help assure harmonious relationships between projects. In this particular project environmental conditions ofthe site act to create a significant natural open space separation from an,,' future uses to the south and east of the site. 5. The adequacy of usable open space areas in existence and as proposed to sen'e the development. Pro/Con: Evaluation not applicable. Finding2: Tile amount of open space set aside bv this project is consistent with the provisions of the Land Development Code. 6. The timin~ or sequence ofdevelopment for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Pro/Con: Evaluation not applicable. Finding: Timing or sequence of development in light ofconcurrcncy requirements automatically triggers the mechanism for ensuring that future LOS degradation is not allowed or the LOS deficiency is corrected. See Finding No. I. also applicable for this finding. 7. The ability of the subject properD. and of surrounding areas to accommodate expansion. Pro/Con: Evaluation not applicable. Finding: Ability, as applied in this context, implies supporting infrastructure such as wastewater disposal systems, potable water supplies, characteristics of the property relative to hazards, and capacity of roads, is supportive of conditions emanating from urban development. This assessment is described at length in the staff report. Development of the subject property is timely,, because supporting infrastructure is available and deemed to be adequate. 8. Conformit:' with PUD regulations, or as to desirable modifications ofsuch regulations in the particular case. based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Pro/Con: Evaluation not applicable. Finding: This finding essentially, requires an evaluation of the extent to which development standards proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. The development standards in this PUD are similar to those standards used for particular housing structures and associated area requirements. r2'20 1 5 1998 19 Al'PlACATION FOR PI.IBI.,IC IIEARING FOR: PUD R Petition No.: P U D 9 8 - 1 ~ Date Petition Received: Commission District: Planner Assigned: ,~'~_~A/,.J ABOVE TO BE COMPI.ETED BY STAFF 1. General Informatinn: Name of'Applicant(s): U.S. l-tome Corpnration Applicant's Mailing Address 10491 Six Mile Cvpress City Fort Myers State FI. Zip 33912 Applicant's Telephone # (941) 278-1177 Fax '~ (941)278-1914 Name of..",gent R. Bruce Anderson 'Firm Younq, ','an Assenderp & Vamadoe, P.A. Agent's Mailing Address 80I Laurel Oak Drive, Suite 300 City Naples State FL Zip 34108 Agent's Telephone i:' (941 ) 597-2814 Fax # (941)597-1060 COLLIER COUNTY COMMUNITY DEVELOPMENT " ',.' PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE-NAPLES, FL 34104 PHONE (94I) 403-2400/FAX (941)643-6968 G:\USEZR.S',,BETSY~WP~' US HOME J',41SC.~",'EW PUD R. EZON"E APP ~-pcl Application for public heanng for pud rezone · 5"98 j jDEC 15 1998 _...J O 2. Disclosure of Interest Information: a. lfthe property is owned fee simple by an INDIVIDUAL. tenancv by the entirety. tenanc,,' in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Usc additional sheets if necessary.) Name and Address Percentage of Ownership b. Ifthe property is owned by a CORPORATION. list the officers and stockholders and the percentage of stock owned by each. Name and Address Percentage of Ownership c. If the property is in the name ora TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Ownership This information will be provided .separately in advance of the public .hearine:s. O ApphcatJon for pubhc heann!~ for pud reze, n¢ · G:'USERS'~BETS'~','~,?~'.US HOM~..MISC~MEW p~ ~0~ ~P.,~ ~ ,,~G~ j j Page 2 of ' DEC _ d. If the property is in the name ora GENERAl. or LIMITED PARI.~ERSHIP. list the name of the [2eneral and/or limited partners. Name and Address Percentage of Ownership e. If there is a CONTRACT FOR PURCttASE. with an individual or individuals. Corporation. Trustee, or a l'artncrship, list thc names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Percentage of Ownership This information will be provided _separately in adwmce of the public hearings. DateofContract: 7/3/98 f. If any contingency clause or contract terms involve additional parties, list all indi,.'iduals or officers, ifa corporation, partnership, or trust. Name and Address [2. Date subject property acquired ( ) leased ( ): __ Term oflease vrs/mos If. Petitioner has option to bu.,,', indicate date of option: 7/3/98 and date option terminates: 7/3/03 . or anticipated closing date G \USER.S BETSY',WPS,US IIOME.MISC'bT.W PUD ILEZON[ APP SsT, d ^~l,~,,o,, to, ~,u~.l,. ~,~.~ to, ~,.,~ ,c~.,.~ · ~ Page" 3-BT'-FF' l~lI DEC 1 5 1998 h. Shouid an'.' changes of ownership or changes in contracts for purchase occur subsequent to the date ofapplication, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. 3. Detailed legal description of the property covered bv the application. (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies ora recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre-application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed sup,'ey ma',' bc required. Section: '; Township: 50S Range: 26E [.or: Block: Subdivision: Plat [:look: Page a. Property I,D,~: Metes & Bounds Description: A TIL,'kCT OR PARCEL OF I,AND SITUA'FED IN THE STATE OF FLORIDA, COUNTY OF COLLIER. LYING IN SECTION 3, TO\VNSttlP 50 SOUTH, RANGE 26 EAST. AND BEING FIJRTI-tER BOUND AND DESCRIBED AS FOI.I.OWS: THE SOUTH\VEST QUARTER OF SECTION 3. TO\\WSttIP 50 SOUTIt. RANGE 26 EAST. COLLIER COUNTY. FLORIDA. [.ESS THE \VEST HALl: OF THE NORTI-fVv'EST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 3. TOWNSHIP 50 SOUTtt. RANGE 26 EAST. COLLIER COL,~TY. FLORIDA. AND THE SOUTHWEST QUARTER OF SECTION 3. TOV',~SHIP 50 SOUTH..RANGE 26 EAST. COLLIER COUNTY, FLORIDA, LYING WEST OF ISLE OF CAPRI ROAD (STATE ROAD NO. 951). LESS AND EXCEPT A 25 FOOT \VIDE DEDICATED RIGHT OF WAY AS RECORDED IF OFFICIAL RECORD BOOK 2015, PAGE 1500 THROUGH 1502 OF TIlE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. AND Tile SOUTH\VEST QUARTER OF THE SOUTH\VEST QUARTER OF TIlE NORTHEAST QUARTER OF SECTION 3. TO\\~SHIP 50 SOUTH. RANGE 26 EAST. COLLIER COUNTY. FLORIDA. AND THE NORTH\VEST QUARTER OF SECTION 3. TO\krNSHIP 50 SOUTIt. RANGE 26 EAST, COLLIER COUNTY. FLORIDA. LYING SOUTHEASTERLY OF DAVIS BOULEVARD (STATE ROAD NO. 84), G \US£P.S,13ETS't" ~'P~ IJS HOM~4I£CNEW PUD RIiON'E I DEC 5 998 4. Size of proper't).': Irregular Shape Acres -418 5. Address/general location of subject properP,': Adiacent to Davis Boulevard and State Road 951. 6. Adjacent zoning and land use: Zoning Land Use N RMF-12('10) & PUD Davis Blvd., vacant and Westport Commerce Center PUD S PUD Naples tteritage PIeD E PIJD S.R. 051, residential golf course community FfK/A Naples Golf Estates under construction W PUD Naples Heritage PUD Does the ov.'ner of the subject propert)' own property contiguous to the subject property? If so. give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page.) e Yes, applicant owns some portions of the Naples Heritage PUD. Section: .. 4, 9 & I0 Township: 50S Range: 26E Lot: Block: Subdivision: Plat Book: Page #: Property I.D.#: Metes & Bounds Description: The North half(N 1/2) of the North half('N 1/2) of Section 10, Township 50 South, Range 26 East, Collier County, Florida, less the easterly 100 feet thereof. AND The East half (E 1/2) of Section 9, Township 50 South, Range 26 East. Collier Countyl Florida. EXCEPT the Southeast Quarter (SE 1/4) of the Southeast Quarter (SE 1/4) of the Southeast Quarter (SE I/4) of Section 9, Township 50 South, Range 26 East. Collier Count)', Florida. ALSO EXCEPT the Southwest Quarter (SW I/4) of the Southwest Quarter (SW 1/4) of G:',USERS;BETSY",WPE',US ttOME',/,,USC,NEW PUD REZONE APP.~,d ] Application for public hemng for pud reza3ne - 5/9S Page'S5 I { }EC: 1 5 '1998 ; thc Southeast Quarter (SE 1/4) of Section 9. Township 50 South. Range 26 East. Collier Count,,,'. Florida. ,AND The Southerly 1370 feet of the Southeast Quarter (SE I/4} of Section 4. Township 50 South. Range 26 East. Collier Count','. Florida. lvinu southerly of Davis Boulevard (S.R. AND The Southeast quarter (SE 1/4) less the southerly 1370 feet of Section 4, Township 50 South. Range 26 East, Collier Count',', Florida. iying southerly of Davis Boulevard (S.R. 84) ' - AND The North half(N I/2) ortho West half(W I/2) of the West half(W I/2) of the Southwest quarter (SW 1/4) of Section 3. Township 50 South. Range 26 East. Collier Count}'. Florida. lying southerly of Davis Boulevard (S.R. 84). 7. Rezone Request: This application is requesting a rezone from the?,MF-12(10}, RMF-6. RSF-4. and A zoning district(s) to the PUD zoning district(s). Present Iise of the Property: Vacant unimproved Proposed Use (or range of uses) of the Property: _Sinu. le family and multi family dv,'ellin_a units with an 18 hole g. olfcourse and with customary recreational and O community amenities. 8. Evaluation Criteria: Pursuant to Section 2.7.2.5 and Sec. 2.7.3.2.5 of the Collier Coufity Land Development Code, stuffs analysis and recommendation to the Planning Commission. and the Planning Commission's recommendation to the Board of Countv Commissioners shall be based upon consideration of the applicable criteria noted below. Pro;'ide ana. rrative statement describing the rezone request with specific reference to the criteria noted below. Include an.',' backup materials and documentation in support of the request. The number of residential units proposed for Cedar Hammock (799) is less than 25% of the total number o£units that the property is eligible for under the County's Comprehensive Plan Density Rating System {3,350). Further, the PUD ~'s a dov,'nzoning of property that is presently zoned for 1.120 dwelline units. Most of these 1.120 zoned dwelling units are vested by virtue of the propenv h~ve been previously subjected to zoning reevaluation and prior downzonine. The ~,'oluntarv downzoning proposed by the PUD represents a 28% reduction in densi~'y from existing'approved and vested zoning. G \USEA.S'.BETSY',~.T8 US I'{OM.E'.,MISC'~,'EW PLrD RE2ONE APP.'~'pd ~ *GEN~ ,IEM ~ ~.~,=~,o. r~ p~,,, ~., to, p~ ,~=.~. ~., Page 6~f l 7/~/ I I I DEC 15 1998 Standard Ret. one Considerations (LDC Section 2. 7.2.5) 1. Whether the proposed change will he consistent with the goals, objectives, and policies and.fiaure land use map and the elements qf the growth management plan. 2. The existing land use pattern. 3. The possible creation o fan isolated district unrelated to adjacem and nearby districts. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property for the proposed change. 5. Whether changed or changing conditions make the passage of the pro.posed amc'tldme~lt ?rezone) necessarv. 6. lfVwtfwr the proposed change will adversely iqfluence living conditions in the neighborhood. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected O.pes of vehicular traffic, including activity during construction phases qf the development, or otherwise qffect public sqfeo'. 8. Whether the proposed change will create a drainage problem. 9. Whether the proposed changc will seriously reduce light and air to adjacent tlreas. 10. tVhether the proposed change will seriously qffect property values in the adjacent area. ! 1. Whether the proposed change will he a deterrent to the improvement or development of adjacent properO, in accordance with existing regulations. 12. Whether the proposed change will constitute a ~ant of special privilege to an individual owner as contrasted with the public welfare. 13. Whether there are substantial reasons win, the property cannot be used in accordance with existing zoning. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the counlv. G:XUS~SY,~?8 US }tONIE~MISCN~W PUD ~ON~ APP ~ ~GENDA ITEM~ BEC 1998 t 15. Iffhether it is intpossihle to.find other adequate site.v in the eountyfor the proDosed use in districts already permitting such use. 10. 'lite physical characteristics of the prr;pcrty and the degree pf site alteration which would he requircd to make the property llSa~le ~ig (l~V potential it.Yes under the proposed zoning class~cation. 1 7. The impact cf development on tlre availability ofadequate public facilities and services consistent with the levels of service adopted in tire Collier County growth management plan and a.s' defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. llJ, as amended 18. Such other factors, standards, or criteria that tire board qf county commissioners shall deem important in the protection of the public heahh, safety, and welfare. PUD Re[one Consideration., (LDC Section 2. Z3.2.5) 1. 77w suitability r4f the area.for the tyDe and pattern of development proposed in relation to physical characteristics of the land. surrounding areas, trq[fic and access, drainage, sen'er, water, and other uti[ides. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as the), may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. 3. Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. 4. The internal and external compatibilin. , of proposed uses, which conditions may: include restrictions on location of improvements restrictions on design, and buffering and screening requirements. The adequac.v qf usable open space areas in existence and as proposed to serve the development. 6. The tinting or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. 7. The ability of the subject property and of surrounding area to accommodate expansion. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such ~odtJ~gt~,~tF~t_~ , of justified as meeting public purposes to a degree at least equivalen} to lit~er~ / application of such regulations. ! Apphcano'n for public heann~ f~ pud r~-z~¢ . 5~8 ! Page g of '17 q. Deed Restrictions: The County is legally precluded from enforcing deed restrictions. however, man.',' communities have adopted such restrictions. You ma.,,' wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. I0. Previous land use petitions on the subject properW: To your knowledge, has a public hearing been held on this property within the last }'ear? If so, ',,,'hat was the nature of that hearing'? No. 11. Additional Submittal Requirements: In addition to this completed application, the following shall be submitted in order for 5'our application to be deemed sufficient, unless other, vise waived during the pre-application meeting. a. A cop5' of thc pre-application meeting notes: b. If this rezone is being requested for a specific use. provide fifteen (15) copies of a 24" x 36" conceptual site plan [and one reduced 8 ½" x 11" copy of site plan], drawn to a maximum scale of l inch equals 400 feet, depicting the following [Additional copies of the plan ma,',' be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCPC]; · all existing and proposed structures and the dimensions thereof. · provisions for existing anct/or proposed ingress and egress ('including pedestrian ingress and egress to the site and the structure(s) on site). · all existing and/or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disabled]. · required yards, open space and preserve areas, · proposed locations for utilities (as well as location ofexisting mility services to the site). · proposed and/or existing landscaping and buffering as ma.,,' be required by the Count)'. c. An architectural rendering of any proposed structures. d. An Environmental Impact Statement (EIS), as required by Section 3.8. ofthe Land Development Code (LDC). or a request for waiver if appropriate. e. Whether or not an EIS is required, two copies of a recent aerial photograph, (taken within the previous tv.'elve months), minimum scale of one inch equals 400 feet, shall be submitted. Said aerial shall identify rflant and/or wildlife habitat: and--~ their boundaries. Such identification shall be consistent with Florida[Depa;ttnm.nt--~ of Transportation Land Use Cover and Forms Classification System. ~ Apg~hc.at~on for pubhc hr.a~ng I'o~ pud r*:z.~:~¢ · 5,~J8 ag i Additionally. a calculation of thc acreage ¢or square feet) of native vegetation on site. bv area. and a calculation and locations) of the required portion of native vegetation to be preserved (per LDC Section 3.9.5.5.4.). f. Statement of utility provisions (with all required attachments and sketches): g. :\ Traffic Impact Statement (TIS). unless waived at the pre-application meeting: h. A historical and archeological su~'ey or waiver application if property is located within an area of historical or archaeological probability (as identified at pre- application meeting); i. Any additional requirements as may be applicable to specific conditional uses and identified during the pre-application meeting, including but not limited to any required state or federal permits. Application f~ pubhc hca,nn~ for pud rtzeme · $t9! a o TRAFFIC IMPACT STATEMENT (TIS): A TIS is required unless waived at the pre-application meeting. The TIS required may be either a major or minor as determined at the pre-application meeting. Please note the following v,'ith regard to TlS submittals: MINOR TIS: Generally required for rezone requests for property less than 10 acres in size, although based on the intensity c~r unique character ora petition, a major TIS may be required for petition of ten acres or less. MAJOR TIS: Required for all other rezone requests. A minor TIS shall include ~hc follo~'in~: 1. Trip Generation: Annual Average Daily Traffic (at build-out) Peak Hour (AADT) Peak Season Daily Traffic Peak Hour (PSDT) 2. Trip Assignment: Within Radius of Development Influence (RDI) 3. Existing Traffic: Wilhin RDI AADT Volumes PSDT Volumes Level of Service (LOS) 4. Impact of the proposed use on affected major thoroughfares, including an.,,' anticipated changes in level of se~,ice (LOS) 5. An.',' proposed improvements (to the site or the external right-of-way) such as providing or eliminating an ingress/egress point, or providing turn or decel lanes or other improvements. 6. Describe any proposal to mitigate the negative impacts on the transportation system. 7. For Rezones Only: State how this request is consistent with the applicable policies of the Traffic Circulation Element (TCE) of the Growth Management Plan (GMP). including policies 1.3. 1.4, 4.4. 5.1.5.2.7.2 and 7.3. A Major TIS shall address all of the items listed above (for a Minor TIS. and shall also include an analysis of the following: I. Intersection Analysis 2. Background Traffic 3. Future Traffic 4. Through Traffic 5. Planned/Proposed Roadway Improvements 6. Proposed Schedule (Phasing) of Development public he. au~ng fen' pud rgzx:mc · 5~ TRAFFIC IMPACT STATEMENT (TIS) .qT.ANDARDS: The t'ollo,.~ lng standards shall be used in preparing a TIS for submittal in conjunction with a conditional use or rezone petition: I. Trip Generation: Provide the total traffic generated by the project for each link within the project's P, adius of Development Inlluencc (RDI) in conformance with the acceptable traffic engineering principles. The rates published in the latest edition of the Institute of Transportation Engineers (ITE) Trip Generation Report shall be used unless documentation by the petitioner or the Count.',' justifies the use of alternative rates. 2. Trip Assianment: Provide a map depicting the assignment to thc net`.vork, ofthose trips generated by thc proposed project. Thc assignment shall be made to all links v.'ithin the RDI. Both annual average and peak seasonal traffic should be depicted. 3. Existintz Traffic: l'rovide a map depicting the cur-rent traffic conditions on all links '.vithin the RD1. The AAI')T, PSl)]', and l.OS shall be depicted for ali links within the RDI. 4. Level of Sen'ice (I.(')S): The I.OS of a roadway, shall be expressed in terms of the applicable Collier Count`.' (ieneralizcd Daily Service Volumes as set forth in the TCE of the GMP. 5. Radius of Development Influence (RI)l): The 'Fig shall cover the least of thc following tx','(3 areas: a. an area as set fonh belov.': or. b. the area in which traffic assignments from the proposed project on the major thoroughfares exceeds one percent of the LOS "C". O Land Use Distance Residential 5 Miles or ns. required by DRI Other (commercial. industrial, institutional, etc.) 0 - 49.999 Sq. Ft. 2 Miles 50.000 - 99. 999 Sq. Ft. 3 Miles 100.000. 199. 999 Sq. Ft. 4 Miles 200.000 - 399. 999 Sq. Ft 5 Miles 400.000 & up 5 Miles In describing the RDI the TIS shall provide the measurement in road miles from the proposed project rather than a geometric radius. 6. Intersection Analysis: An intersection analysis is required for all intersections within the RDI where the sum of the peak-hour critical lane volume is projected to exceed 1.200 Vehicles Per Hour (VPH). 7. Background Traffic: The effects of previously appro`.'ed but undeveloped or partially developed projects which ma,.' affect major thoroughfares vdthin the RDI of the proposed project shall be provided. This information shall be depicted on a map or, alternatively, in a listing of those projects and their respective characteristics. 8. Futur..___~e Traffics.' An estimate of the effects of traditional increases in trafqc from potential development shall be provided. Potential development is thattwhich may Application f~ public he.,&nng for pud rtz. one · 5,'98 ra~e be developed maximally under the effective Future Land Use Element (FLUE) and thc Collier Count.,,' Land Development Code. This estimate shall be for thc projected development areas within thc projects RDI. A map or list of such lands with potential traffic impact calculations shall be provided. 9. Through Traffic: ,.\t a minimum, increases in through traffic shall be addressed through thc .,,'ear 2015. The methodology used to derive thc estimates shall be provided. It ma'.' be desirable to include an.,,' additional documentation and backup data to support the estimation as ,.,.'ell. 10. Planned/Proposed Roadway lmprnvements: All proposed or planned roadway improvements located whhin the Rl)I should be identified. A description of the funding commitments shall also be included. 11. Project Phasing: When a project phasing schedulc is dependent upon proposed roadway improvements, a phasing schedule ma.',' be included as part of the TIS. If the traffic impacts ora project arc mitigated through a phasing schedule, such a phasing schedule ma',' be made a condition ofany approval. Appllca~lOfl for public he..~nng I'c~r pud rezone. 5~$ STATEMENT OF UTILITY PROVISIONS FOIl. PUD REZONE REQUEST [SEPARATELY ATTACIIED] NAME OF APPLICANT: MAILING ADDRESS: CITY STATE ZIP 3. ADDRESS OF SUBJECT PROPERTY ('IF AVAILABLE): 4. LEGAL DESCRIPTION: Section: Township: Range: I.ot: Block: Subdivision: Plat Book __ Page ~;: Property I.D.::: Metes & Bounds Description: O 5. TYPE OF SEWAGE DISPOSAL TO BE PROVIDED {'Check applicable system): a. COUNTY UTILITY SYSTEM [] b. CITY UTILITY SYSTEM [] c. FI:LANCItlSED UTILITY SYSTEM Fq PROVIDE NAME d. PACKAGE TREATMENT PLANT (GPD capacity) [] e. SEPTIC SYSTEM [] 6. TYPE OF WATER SERVICE TO BE PROVIDED: a. COUNTY UTILITY SYSTEM [] b. CITY UTILITY SYSTEM [] c. FRANCttlSED UTILITY SYSTEM [] PROVIDE NAME d. PRI\tATE SYSTEM (WELL) [] 7. TOT.,\I. I'OI~UI.ATION TO BE SERVED: 8. PEAK AND A\"ERAGE I),,\ILY I)F. NIANDS: A. WA'FER-PEAK ..\VERAGE DALLY B. St~ \V}':~R-I~EAK AVERAGE DALLY 9. IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM. PLEASE PROVIDE 'DIE DA'FE SERVICE IS EXPECTED TO BE REQUIRED: 10. NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of affluent and sludge disposal. If percolation ponds are to be used. then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. I1. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located within thc services boundaries of Collier County's utility scm'ice system, written notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area upon completion of thc construction of these facilities in accordance with all applicable County ordinances in effect at the at time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to thc Count,,' L:tilities Division prior to the issuance of building permits by the Count>'. I f applicable, the statement shall contain shall contain an agreement to dedicate thc appropriate utility easements for serving the water and sewer systems. 12. STATEMENI OF AVAILABILIIY CAPACIIY FROM OTtlER PROVIDERS:' Unless waived or otherwise provided for at the pre-application meeting, if the project is to receive sewer or potable water sen'ices from any provider other than the County, a statement from that provider indicating that there is adequate capacity to serve the project shall be provided. G:~USER. S .B ETSY','~TS'.US ItOME.MI$C'~N'EW ?IJD I~EZONE A?P aTxt 4 ~ PUD REZONE APPLICATION SUBMITTAl. CIIECKLIST TltlS COMPLETED CIIECKLIST IS TO lie SUBMITTEI) WITI! APPLICATION PACKET'. REQ UIREMEN TS ti O F NOT COPIES REQUIRED REQUIRED 1. Completed Application 15 Attached 2. Copy of Deed(s) anti list identifying Owner(s) I To be subsequently prnvided 3. Completed Owner/Agent Affidavit, Notarized I Attached 4. Pre-application notes/minutes 15 Nnne 5. Conceptual Site Plans 15 Attached to PUD 6. Environmental Impact Statement- (EIS) 4 Attached 7. Aerial Photograph- (with habitat areas identified) 4 Attached to ElS 8. Completed Utility Provisions Statement (with 4 Attached required attachments and sketches) 9. Traffic Impact Statement - (TIS) 4 Attached 10. Historical & Archaeological Survey or Waiver 4 Waiver Application Requested II. Copies of State and/or Federal Permits 4 None Received 12. Architectural Rendering of Proposed Structure(s) 4 XX 13. Application Fee, Check shall be made payable to - Attached Collier Count)' Board of Commissioners 14. Other Requirements- N/A As the authorized agent/applicant for this petition. I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary, submittal information may result in the del,,.' of the process of(his petition. · - Agent/Applicant Signature Date Apphcanon for l~bhc hmng for pud rtzon¢. ~/98 ag AFFIDAVIT I. Peter R.. Comcau. being first dui,,,' sworn, deposes and says that U. S. ltomc Corporation. a corporation, is thc applicant and contract purchaser ofthe property described herein and which is the subject of the proposed hearing; that all the answers to the qucstions in this application, and all sketches, data. and other supplementary matter attachcd to and made a part of this application, are honest and true to the best of my knov,'ledge and belief. I understand this application must be completed and accurate before a hearing can be advertised. I further permit the undersigned to act as our,,Jc-~escntative in,.a.r~, matters rcgarding this Petition. v4v. a_9,.,\/'X Peter R. Comea~ Regional Vice President R. Bruce Anderson. Agent State of Florida Count>' of Collier The foregoing Application was acknowledged before me this 1" day of September, 1998, by Peter R. Comeau, as Regional Vice President of U.S. Home Corporation. a Delaware corporation, who is personally ~ to me. ~,4,~'/l/J/~ /9]. ,~]/Z~~ (Affix Seal) Eliz,~eth Mi Dillingham (j Notary Public - State of Florida ELIZA~ M. O{LLJhlGHAM G \USERS'BETS¥,'C,'P8 US HO,VFE'..MISC.REZONF. APPLICATION v, pd Ne, DEC 1 5 1998 NAPLES .=~= sc,.,., ~.=,.-s s-,ct:, s,~,,c '*~.t*,.*$$tC. /:'tO~,O*. 32302-1833 -C~[P-O,.( '{}501 2E2-7206 November 12. 1998 ","IA HAND DELIVERY e: ...,,,oc,. :,, :,,,,,,.. s,,,,,- ,oo 't~t~-O'~C '94.~ 597-2814 Ms. Susan .',.lurray. Planner Planning Services Currem Planninu Coliier Ct)untv Communiu.' Development £800 N. Itorseshoe Drive Naples. Florida 34104 ' RE: Cedar Hammock. PUD Rezone Application: Disclosure of Ownership Interests Dear Lis..\Iurrav: In compliance with Collier Count.,.' requirernems for PUD Rezone .Applications. listed below is the benet'iciar',.' information for Thomas Duffy. Trustee for application section NAME ADDRESS % \Villiam G..-\llyn 50 Sixth Ave. North 20 Naples. FL 34102 Willard J. Btauvelt 825 Ketch Dr.. Spt. 200 5 Naples. FL 34103 R. R. IBobl BIauvelt $ Jones St 10 P.O. Box i770 Key Largo. FL 33037-t770 Barbara Ann Lev.'is 2245 SE I 1:"' St 5 Ocata. FL 34471 Jane Forbes Bugden 122 Moorings Park Dr. 5 Naples. FL 34105 William S. Berger P.O. Box 380 Nc,.,.' London. NH 03257 J DEC 1 5 1998 i.etter: .\ts. Susan .Murray Re: Cedar H'ammock. PUD Rezone Application [)ate: November 12. 1998 Page: 2 \Villiam F. Allyn 50 State St. 5 Skaneateles. NY 13152 Lex,.' F...\llvn 3307 E. Lake Rd. 5. Skaneateles. NY 13152 Allyn Family Real Estate Co. I.,\PR,,\) Welch Allyn. Inc. c/o Don Nelson P.O. Box 220 Skaneateles. Nh' 13153 Los C. Ellenhof 1136 Fifth Avenue .~ New York. NY Bradley \V. Schwartz 1725 Lincoln First Tower 5 Rochester. NY 14604 Vincent M. Klein 300 \Voodhollow Drive 5 Auburn. NY 13021 Sail,,' Jane Baker 613 Cedarcrest Dr 3 I/3 Schaumberg. IL 60193 Maureen Eve Bahm 2625 Norwood 3 I/3 Bloomfield HilIs..',.II 48302 \\'illiam 5. I. Garwood 5490 Leather Stocking Lane 3 i. 3 Stone Mountain. GA 30087 Elsa Soderbcrg (Peter~ 44 State Street 5 Skaneateles. Nh' 13152 Dennis Kass 15 Park Drive 2.5 Rye. Nh' 10580 Hen~' Kass I Deceased~ 9 Farragut Street 2.5 New London. NH 03257 DEC I S 998 Letter: .\Is. Susan .\lurrav Re' Cedar ttammock. PUD P, ezone Application Date: November 12. 199g Page: In further compliance with Collier Count.,.' requirements for PUD Rezone Applications. listed below is the beneliciarv information for Clyde Ouinbv. Trustee for four i4) different trusts for application section 2(c): ' TRUST #I NAME ADDRESS % Rev. James Il. Weber .St. Jude Church 2.5 2801 West 6" St. Erie. P:\ 16505 Frank/-/rub,.' I4410 Rcddington 2.5 Cleveland. OH William j..\lclntire R.D. =I 20.0 Creekside. PA 15732 John T. Gallagher 5165 Starlish Ave. 2.5 Naples. FL 34103 Elena Sabatini 65 Ridge Drive 2.5 Mar,'& Dannv Soletro Naples. FL 34108 Rev. Robert Schriefer Church or'Notre Dame 2.5 William Schriet'er 2325 [lighland Road Sharon. PA 16146 .Mrs. Florence Pulca 65 Ridge Drive 2.5 Naples. FL 34108 Carmen Cesta 2186 Parkman Rd. 2.5 \Varren. OH 44485 Richard \Villiams 7039 N.W. 169'" St. 1.25 Donna Williams t-Iialeah. FL 33015 Franklin G. Hrubv 14410 Reddington 2.5 Cleveland. OH Clyde Quinby. Jr. 1590 Ixora Dr. Naples. FL 34102 t 151998 i.¢tter' *Is..~usan .\lurrav Re: Cedar t tammock. PUD Rezone Application Date: November 12. 19c)8 Page: 4 Maron Saluan 4461 I 'tfivcrsilv Pku..3.. 5.0 Violette Saluan l,"nivcrsitv tteights. OH 44118 Gus Abood 2625 Edk2ehill Rd. I0.0 LaVonne .,\be.md Cleveland Heights. OH 44106 Myron T. ,\hood 2745 Bclvoir Blvd 5.0 Bernadette ,,".,hood Shaker llcights. Olt .14122 .'\lice Ncmr ,Ir I" '~ _6_ l.andcr R()ad 2.5 C'haficNcmr .Xlayfieldlieights.()H 44124 Maurice Abood 5456 Kilboume Drive 2.5 Faye Abood Lyndhurst. O1-! 44124 Abdoo Saluan 1026 Brainard Road 2.5 Highland Heights. Ott 44143 Jorge Saluan 1026 Brainard Road 2.5 AzizeSaluan Highland Heights. OH 44143 Joseph Farhat 4811 Delevan Drive 2.5 Hiam Farhat LyndhursL OH 44124 John Ziemba 3967 Stereo Drive 2.5 DorisZiemba Sevenltills. Ott -14131 Joseph Daher 521 Catlin Road 2.5 NajartDahcr Richmondlteights. O}t 44143 Michael Ina 2425 Elmdale Road i.25 Rowena Ina University tteights. Ott 441 Abdallah Ina 1610 .South Taylor Road 1.25 Cleveland lleights. Oil Fadel's St. Clair Property 5155 Hickory Drive 2.5 Lyndhurst. OH 44124 .Amelia George 2264.3 Marleen Drive 2.5 Fain'lex,,'. Otl .14126 Dr. Fayiz Salwan 7718 Wake Robin Drive ~ ~..'~','~ Monica Salwan Parma. OH 44130 , 4/'7 Letter: .Xls. Susan .Xlurrav Re: Cedar ttammock. PUD Rezone Application Date: November 12. 1998 Page: ~ Dr. Bosko Pop-Lazic 147gl Bennett Road 2.5 "."era Pop-Lazic North Royalton. OIi 44133 Dugan Porter 6167 Taylor Road 2.5 Naples. FI. 34109 TRL'ST #2 NAM I-: ADI)I,~ESS 'Po (.;us .-\bood Cleveland. ¢)! t I 0.0 Preston ..\ishton Nonht]cld. IL 5.0 Victoria Abi-Sarkis Cleveland. Ott 10.0 .-.Xnton Bouhassin Cleveland. OH I0,0 .Michael Clememe Struthers. Ott 5.0 .-\nthonv Jancigar Willoug. hby I tills. OH I0.0 Adelaide Gatlaghcr Naples. FL 10.0 Jean Na. iem Cam~el. IN 10.0 Page'Spciuzza Indianapolis. IN 10.0 Clyde Quinby Naples. FL 15.0 .Xlaroon Saluan Cleveland. OH 5.0 TRUST #3 NAME ADDRESS Anthony E. Billett. Trustee tbr Bian and 3895 Fairway Drive 7.1.42 Cindy Bil]ett Canfield. OH 44406 Robert ,Anderson 117 Muirfield Circle Naples. FL 34113 : .,,o Dale R. Fransson 3300 Gulf Shore Blvd.. North Naples. FL 34103 l-otter: ~ls. Susan 5. Iurray Re: Cedar Hammock. PUD Rezone Application Date: November 12. 1998 Page: 6 Re,.'. Francis J. Kamp l)ivinc \Vord Ministries 21.428 .Missmn Office '[echny. II. 60082 Anthonv G. Kavalicros Borden Bldg.. 24'~' Floor 7.142 80 East Broad Street Columbus. OH .43215 \\'illaim J..Xlclntirc R.D. :t 35.714 Creeks/de.P.\ 15732 Geraldine l-lcnkcl '064 .Xleadow Lane. NE "' " Warren. O1t -14483 Elena 5abatini 65 Ridge Drive 3.571 Naples. Fl 34108 Daniel Sotetro. Jr. 1024 Parkman Road 3.57110 Mary Solctro Warren. O1t 44483 Dominic 'romaro ~718 Bradford Land 3.571 BrccksviIle. OH 44141 John Visoskv 760 Belair Circle 1.785 Sara Visoskv Naples. FL Richard Williams 7039 N\V 169~ Street 1.785 Donna Williams Hialeah. FI. 3301q ,: TRUST #4 NAME ADDRESS % Daniel Becket 120 Overlook Road 2.5 Stmthers. OH 44471 Gar,,' R. & Eleanor M. Bladich 293 \Vest Avenue 2.5 Naples. FL 34108 Dr. Donald N. & JoAnn Boydston 1200 \Vest Sycamore ~ Car~ondale. IL 62901 Clyde H. & Eileen R. Borer 27101 Tungsten Road 'DEC 1 5 111.958 Euclid. OH 44132 Letter: .~Is. Susan .~lurrav Re: Cedar iiammock. PUD Rezone ..\pplication Date November 12. 1998 Page: '~ Janet M. Clarke 6805 Mayfield Road. =404 2.5 Cleveland. OH -1.4124-2251 George R. Dallasen 107 Hig~ins Road 2.5 Kersey. PA 15846 Charles F. D¢(]ct~r~ce 6 Malayan Sun Bear Path 2.5 Ormond Beach. FI, 32174 Joseph J. & Theresa DeGeorgc 120 South Spring .'xlill Road 2.5 Villanova. P..\ 19085 Reynold E. & .Marion Dempsey 615 Bridgewater Court 2.5 \Vester,.'ill¢. (2)tt 43081 Robert .5. & Shirley ..\. Docs 2771 Byron Drive 2.5 North Canton. Oil 44720 James D. & .Xlargarct :\nn Duyscr 1963 .-\lamanda Drive 2.5 Naples. FI, 34102 Re,.'. J. Daniel Dymski Holy Cross Church 2.5 P.O. Box 10 Fairviev,'. P:\ 16416 .-\s requested on the ..\pplication Submittal Checklist. copies of the deeds /hr all of thc above referenced trusts arc attached. With regard to application section 2(e). U. S. Home Corporation is a publicly held corporation. I have attached a cop.,.' of the information regarding officers of the Corporation as indicated in the 1997 Annual Report of' U.S. Home Corporation. Please feel free to contact me ifyou have an.,.' questions regarding the above. Thank you. Sincerely. R. Bruce Anderson Enclosure as stated cc: Peter R. Comeau, without enclosure John R. Campbell. without enclosure U. S. HOME CORPORATION 10,0O0 ~.000 8,000 7,000 O Deliveries 1996 !997 1998 '999 i 2000 " 1997 ANNUAL REPORT AGE'r,~ t t ,"JEC 1 5 1998 ~"T~., .'. . , · ..... U.S. Home Corporation I,lolwrt J. $ln.Jh,r Gdrv I.. I rtwh Ch{'.,h.r I~ (.'ha~rman ut thc Buard am~ V~ce President - LSce i'rcsldent - Conlrollcr /o-Chin{ Execum'c ()fficrr [dx ~r :Xud, Chid ~ccounlin~ Offi(er Isaac Ileimbindrr Frank E..~l,tllhe~v~ Rifhnrd G. ShluRhler Pres,Jenl ~c¢ Prr~,Jent - ~e President - Planmn~ Co-Chic( Excruhve Officer ami l iuman Resouu~.~ Se¢rr~a~' Chief Operaun~ Offkrr Thomas A.N.tpoli Kelly I:d;~'{ ~'lt Crai~ M. Johnson ~c{' Prc,,jrn~ - Co~orah. ~c{' Prrs~drnl - Senior VX'¢ President - [:inano' l- '[rea~urer Investor Relahons Commurmv Devd,~pmem California and North Operations l'hillp 1. ~Valsh. Ill I)r)n,~ld R. IIomlwns.i Sacramento [and PrrsuJt.m Michael J. I.utz ['residrm Philip I'. IL~rl)er Oh:0 f)i: ;qt,: President Ro~' Dickens Dix'~s~on Chairman Regional ~ce Prestdenl PresuJcnl , Rol}e~ L. Silhens ~0mFso, Dh'moa Mi(h~.l ,A. Mallott President Re,:on,ti Ucc Prcs~drnt Gd~' W. Thompson Sacramento [),'mot: Divismn Chairm,m Je~ohi Be~,m Sherman S. Regional Vie (, Prrst(Jcnt President Jame~ R. President .Yew ]erser l)ittslon .Xlark T. Ketrher, i(I Grego~' A. Snvder Regmn,d Wee Pert;dent Dennis Klim. r Prc's~dent Re~mnal VU e I'res~denl Robc~ l. S~vdni~k Regum,d U~v President So.th FIorid~ Oper~tion~ Sam B. Crimaldi Orlando l)itmon Charles A. l)anna Pres.icnt of Operahun~ Gust J. Vdlanh~js Regional[ ~Sce President Fo~ Xh'ers. Honda Presidcm 5outh llonda Land DJrmon l.eer'(ollier l)itiston Wayne N. Broedel Mauri~e I. Ilillmver Darin L..%lc.%ltsrrax. Reg;on,d XSce Pn's~denl Division Chairman President William S. Grdham Same~ 15. Curm' ,.Xnthonv Persichilli Regional X~ce Pres~dt'n/ Prrsidcnt Re~onai ~5~t' Pr~dent Francis J. l)ol,m Connor J. . Ch,~mbers Jo,eph XI. Grime, Preslde,t - Land ReRional XSce ~'res,d~?~/ Regional ~Sce Presldrnl - 5arasola/,~la.attt I)n,ision Peter R. Comeau Rob . R~io.~ 1 5 1998 Pr~denl Mountain Operations Cl'~ri'.,.tnpher II. Rl'clil4~'r IAI( i,'~ Ii. I.hwinO C, er,,H,tl Smilh Presld¢'nt (',f ()p,..'r,Hmm, K,['~mnal ~.~c{' Prl'sld('~ll Regional Vi,to I'rcsldcn~ En~ic~¥ood, Colorado Las %'q/as [)nm,,n Phocnit l)ivm0n Colorodo Dniswn Ste','e L Jla(kn(.v ,am' G. Granl Jeffre'v Ii. /Vhiton President President President Mountain Ops I. und Dn m~,n Tucson Di~iswn. Colorodo Springs [)~;ts:on Gan' TV. ,[,ih. It Slew'eh I.. ('raddo{k Richard k Nobh. Pres~denl Prcs~dcnl Prcsidcnl l)avid Snow Kirby A. Brr~ver Jan K~fihln, South Operations .Mi(h,ael T. Rith,ird,,t,n Tampa IL?~ Dz,tsn,n IIoustotz I)tvi,,ton Presldcr. t 0f Opcrahuns John A. 5cllinger Paul D. Si~n~ } [)alias. Texas Pres~dcnl Pres~dcn~ Central Flort,ta I):~ ;ql,m If ill,bt, rough Iht ~swn ('harh's D. [indsav Gene E. l~nton F~deri~ k I. $ikor~kl Regional ~Sre Precedent - Land Prcs~dcnl Pres~denl North Horida Division Franrine A..Miller Dallas It Worth tMmotz Robe~ 15 Fe~ig Pres,(tent - th)usmu Dale W. Stott~ P~s~denl Pres~dcm Andrew G. IriJk, Il Robe~ I.. l'riedman President - Land .Martin A. Dilhm Remonai V~ce PrrsMcnt - I.,md Regmnal []ce Pres~oem lames C.l.ashh. v 5outh [r~as [M'mon Rc~onaj Vice President George A. d'lh'm~.ttnjfl, II1 Joe I.. TVe,lth('rsl)v ['resMcnl - Land Pres,lrnt Mid~ael 5. Lawson Regmnal Vice President U.S. Home Mortgage Corporation James R. Pcltv Klm Albt. r President of Op'eralmns Semor ~,ice Prestdent President and Western Re~,mnal Mana~,er Chief kxe(uUve O~cer · Clearwater. Flonda Lyaaette Baker ~dce PreslcJcnt Ron NfcCdl)e Eastern Re[zlonal Manaaer Senior \qce President. Chief Financ:aJ Officer Chief Accounumz Ufficer. 5ccrelarv DEC i 5 1998 ... 561 441 i'M...~d r~, I~...~ T..I. (,~.,.~.. Fund. ~l.~de. ~o~d. . ~.~t~O~ ~ ins~ment ~his ~nhrnturr. '.l~d~ ,h,~ ~0th d~,. ~i Nove~er, 1973 . A. CHA~ES WAGHOPJ4E, indiv:~uali7 and as trustee, 3oined by his wife, LOUISE M. WAGHC~:;E, ,d the (~,),,n~.' ',i Collier , State n{ Florida . ~antar'. AUBP~Y '.1. WOOD, U~.USTEE, wh,,,, ~t n~c, ddd,e~s ,~ 198 - 9th S~ree~ ~;or~h, Naples, Flcrida, 33940, o~ ~h~. Cn,,,,ty ,,( Collier . State oi Florida . ~l~t~tlh. T~t .rd u~nmn [~ ,n~ In c0n.d=r,n0n 0f th~ ~um 0f ---TIN h~D NO/100 ........ .................................................................... ~1~ The ~cu~h~s~ ~uar~e~ (SE ~/4) cf Section ~, SUBJECT ~o that certain mortgage in favor of Jeannette L. Foster, dated March 15, 1973, recorded March 16, 1973 Official Record Book 512, Page 93, Public Records of Collier County, Florida, which the grantee hereby issues and agrees to pay. ..,d %.d c:.mle~ ~es ~ere=~ .~dR' ~.~rran; d',e t;tle ~,~ ~d ]and. n~ ~[l ~efen~ ~e ~Jme against ~e la~l ch~ ,~[ ,,Ii person% ~omsoe~er ......... X ," .-=,_/ . ('._- r'-'.~' Louise H. W~ghorne _ - (two w~tnesses ) ~T.{TE (aF FLORIDA COUNt' OF COLLIER I HEHEBY CEflTI~' :bdt om, th,s da~ before me. ~n o~rr dt:;~' ,IuaJl~ to take acknowJedgmenls, peMOM] ~p~.,r~d A. CH~ES WAGHO~h'E, individually and as trustee, joined by hi~ wife, LOUISE M. WAGHO~NE, tu ,ne k,,,,~,J h) b~ the person sdescrlbed in and who e%ecuted the fore~o,n~ rust.merit and acknow~g~ ~fo WITNESS my h.,,,d ~,,d n~c~l se~l in the County ~nd ~9 73. :~ :~..~. etch, .... ,,cu,r c u., DEC 1 TRL'STEE'£ ~ '~' THiS ,,D ..... ~., ,made :his 29--:- ~a'/ of -~'~c~ ~w-~.. , 19~1' I~Ut~ ~,,~ ..... ~ANKS TRUST COV~ANY, ::.A. of Naples, banking corporal!on duly au:horiz~ :o accep: and execute ~rust Deed A,r Deeds in trust duly recorded an4 delivered ~o said ~:on in pursuance ~f a trust agreement dated the 21st day February, 1974 and known as Land Trust No. 50-0588, party of first part, and CLYDE C. QUINBY, TRUSTEE, of 4588 Tam'ami Trai Not,n, Naples, ~lorlda 33940, 9arty of the second part. I ...... E .... :ma: said par:7 of ~he firs= par:, ~n considera=ic sf ~ne sum sf Ten 'S~S.OO) Dollars, and 9ther good and valuab! cP~s:fera::pms ~n h~nd pa:d, does heresy grant, sell and convey unt said party of ~he uecond par%, the real estate, situated in Collie County, Flor:da, descr:bed in Exhibit "A" attached hereto an incorporated here~n, together 'with the tenements and appurtenance thereunto belonging. TO HAVE AND T9 HOLD the same unto said party of the secon part, and to the proof use and benefit forever of said party of th second part. This Deed is executed pursuant to and in the exercise of th po'wet and authcr:t.:, granted to and ';eared in said Trust!ee by th %er.-..s cf said Deed cr Deeds '-n trust delivered to said ?rustee the lien of every mort.-age ~f -ecord ~n said county givenI to secur v ~e . a~ent of . oney, and .emasnsng unreleased at the date c delivery hereof. · -~ .... SS WHEREOF, %he party of the first part has caused ~corporate seal to De hereto affixed, and has caused its name to siqned to these presents by 9ne of its Vice Presidents the day an y~ar first dSOVe written. Sgined, sealed and delivered BARNETT BAN~S TRUST CO~Y,..~'~; in the presence of: " Vice Pres,ec~t ~ Z':3. "<.~.[ p UUU~Dt} uUI :'~'<~ OR BOOK PAGE :~,.".cnts} desc:::ed ~s .~:an:c:(~) :n and '~'no execu:ed ~he fcre~cinc. . ';arran:':' ~eed, ~nc- ' ac~ncwledqed ~,ef:re r.e :ka: said person(s) execu:ed :ha~ ~'arr.nty deed. W. itness r.v hand and official seal in tke :cun~y and ~.'... '.. = %9".~)L' .',~': ~o~ission expires: % / '.. ..',; F Delivery ~o and acceptance of this deed by ~he Grantee(s) keresy acknowledged. OR 500K PAGE apFur:emam= easement,s), ~f any, ~nd c:'/eman:~s), except ~rc','ifed to!ow, :ha: at :he ~:r.e cf delivery cf thi~ deed: -. the real propers-:. ~2 free cf all encumbrances: -. lawful seisin cf and ~cod rlght =o convey =he :.9al property are ';es~%d in :he Grantor(s); 2. the real proper%./ is not homestead property; and 4. the Grantor(s] hereby fully and generally warrant(s] the title to the rea! property and will defend the same agains= the lawful claims cf all persons whomsoever. Howe':er, cn~'' ac~uai damage~, not =o exceed the consideration stated above, may Se recovered for treach hereof. This deed discharges all cf the obligatlcns cf Granter(s] under the sales contract, and Grantee{s) zhal! hereafter rely only upon the co';enan:s contained berets. This deed and the rea! property are ~ub~ect ' · Declara~:cnz, condi:icns, reservations, restrictions, limi=at:cns and easements as lis=ed in a title op1~nion given =o Grantee{s) or in a Schedule of exceptlon's to coverage in any ~tle insurance policy insuring the interests of Grantee(s] in the property, or of record, or which are visible, if any, but this provision Shall not operate to re-impose the same. 2. Zoning and other governmental regulations affecting the use and occupancy of the real pro~rty. 3. Taxes and assessments for current and s~sequent years. 4. Purchase money mortgage civen to Grantor(s) by Grantee(s) herein %o secure the sum of $615,000.00. Signe~ in the presence of: As to Don Q. Wynn and Annie ~': y n n Witness ¢ ~NNIE M. ~WNN, OCantor As to Roy S. Caple and RO~ S% 6APLE, Grantor Witness NO~A O. CAPLE, G~ntor STATE OF F~RiDA COUNTY CF COLLIER I hereby certify that cn ~kis day, before me, a Notary Public duly authorized in the state and county named above take acknowledgments, per~onal!y ap~ared DON WYNN, ROY S. CAPLE and ::ORMA O. CAPLE, to me ~nown to be the ~ DEC 15 1998 P GE :OLL~R COUNTY This ins~rumen= ==e~ared, recording recues=ed ~" and ~'hen recorded r.a[1 JAMES W. ELK!::S, ~.A. 800 Harbcur Dri'.'e Naples, FL 25940 GE~ W~ DE~ ..;., and ~.~. WYN::, husband and wife, as owners DON Q. ?:v~, .... o[ an undivided ~'" interco% and R~'' S. CAPLE and ::OPerA O. ~PLE, as %wne[s of an undivided i/l ln%erest, the Grantor(s), consideration cf the zum of $840,G00.00 received from CLYDE. C. TUiI~Y, ~z Trustee, the Grantee(s), cf 4588 Tamiami Trail, North, "-les Flo=lda 12940, herehT, ~n =his ~u~anuary 1982, · *aM , ccn';~-','(s) tO %'"~ G-a"'e~ ~, in fee ~mF.~ the real ~:operty Collier Count':', ?!o=lda, ~escribed The west one-half ',W i/2) of the Nest one-ka!f (W 1/2) o~ South'wes= she-quarter {SW !/4) cf Sect:on ~, Township 50 Sou=h, Range 26 Eas~. The >;est 40% of ~he Southwest one-quarte= (S'X I/4) , less the es one-half (W 1/2) of the West one-half (w 1/2} of the Southwest. one-quarter (Sw 1/4) and the Horth one-half (H 1/2) thereof, in Section 3, Township 50 Sou=h, Range 26 Ease, containing 12 acres more or less. Tha ..... ~-- -~ -~ ;.; I/2 :f ~h' i/4 ~f ::W i/4, lyin~ sou%heas=e:~'' ~ E%a=e Road S-~56; ill ~elnm and iy~nm in Section 3, Tcwnsh:p 5~ Sou:t., Range 26 Sas%, Collie: County, Florida: conga:ming 7.9.0 acres; less %he following described 80' right of Commence at %he ;{ i/4 corner of Section 3, Township 50 South, Range 26 East, and run S 89"52'~5" E for 9.52 feet along the Sou%h line cf :he ~:W 1/4 of said Section 3, ~o a point on the Southeast R/W line of S%a=e Road S-856; thence N 31"05'30"E, for 306.08 fee= along said Sou%beast R/W line for the Point of Beginning of the center line of an easement having a width of 80 fee=, and lying 40 fee= on each side of said cen=er line; thence alon~ the following courses describing said cen~er line; S 58~54'30'' E, for 25.00 fee= ~o a poin% of curvature; 66.97 fee= along the arc of a curve concave to the Southwest, having a radius of 65 fee=, and suo%ended by a chord having a bearing of S 29~23'30" E, and a length of 64.05 feet to a poin~ of tangency; S 0~C7'30'' w, for 193.84 fee= ~o a poin% on the South line 0.f NW 1/4 of said Sec=ion 3, said point bein9 S 89"52'35" E, and 220.00 fee= from, the >~ 1/4 corner of said Section ]. and less from each parcel ~11 lands kere:ofore onv~~ public (Sta~e cf Florid~ or Collier County, ~Io: ida) for DEC 1 5 1998 Th~ D ' '"' s LOarr~ntu ~cd .,.. ...... , :": .'L'-"~E C. .......... ':*':'-r~ -. ......... : .';-.Y ....... ~ ....... ~,.,,., c.iln,t,;.~ ,~,an,,,. .56~ Tab:am: .-fa: ::crtn, ::asies, ?lot:da 3394 ~'.". ,-~-~... ~.,..,~v, .,.. ,o,.,.,~, ,,,.,o ~;.. ,/~.,...~ d..~ ~,...,. ~n,.~ ..rum... Col!let Co,,n,, )':,,,,,;~ ~,: ~ 7ho ;;o~%r. one-naif ''./2' of =he West 40% cf the ~ Quar-~r '!/4: LESS tn~ wc.s~ one-half ~/2) cf :he wes= cne- ~ half '~/2~ of ~he S~u%hwes= ~ua:ter ~i/4) cf Section 3, Town- ~ zn:p 5'; South, Ronco 2~ Eas=, Collier Coun=y, Flor:da. ~ ~L'~.?ETT tc e~e~er.::, restr::t;cns and reser'/a::~ns cf record. ........ · ..',. iS U:;i:.IFF. C'.'ED y~n r:-., ...... · .~P .... : AND .. :: ~ . .,, ~.. ~ .. ~ ~ ' To {~au~ and ts {~01d..~ ....... f ..... .~. ~o ...... '~ ~fl~ ,;,, s,~.,o, ~,,;,~ co,.,.~.,, ~..,~ ,o,~ ~,..,.. ,~.. ,~. ~,..,.... ~.~u/~y ....~ of ,~4 long '~ 5ac:k an~ Jan:ce L. Bac~k, recorded Ln OR Book 968, pages 1171- ; ~373, Public Records cf CcllL~r Count';, Florida which crancee :1 her~-.. - . , --: 3ssumes an~ agrees to ~a'y k'/ recordation cf this ~ns:rument. ~Onwc~. J~a~faan~ ~r[~t'wrea' in nu, w~tness / ,~7'~- and individually ................ couxTY o~ Collier I HEREBY CERTIFY t~u on ,~,, aa,, b,~o,, ~,, an ot(,(,~ nu~, ~e"~d Clyde C. ~uinkv V/.;~.cr~ .. . , Trustee and individually ~ore*o,ne mllrumenl and he Jcano~iedleU ~fere me that he S .... , .... ,ote.,.,h,, ~.~ d.,o, ~G'~/ ; SEAL) ~' j " Notary ~ubl:c ........... DE Naples, Florzda 23940 mO tJl~ ~KJJ& li$, ~, ............. OR 20CK PtGE .... °':" °' . This ~Jarranlu 9~d ", ...... -- . .... ~:==:: ;: ~s ;, · ':'~','T .' .~ .... . .................................... .,,,,,,;,1 .......... ~, .,,, .............. ~ ...... ; .... . ..... .,,; d,.,, ,,..,.,,,, .,,,j ,,~,,,,~. ,. collier and ~ne East kalf of %ne Sou%nwes: Quar:er of the Quarter, all :n Sec%~on 2, Town~hip 50 South, Range 26 Eas:, Coll:er Court:y, Florida, i'/Ina South of State Road 84 and less ~._~.,u Iy ccnveSed fcr road right-of-way. · ..~= .... ~-,~. · .I.::.?R,','52 :-PCFERTL' ;..:;r 22 THEREFCRE XOT THE ~Og£[hfr ......u ,1,, , ........ ;,,,,~',, .... o r).c~;,.. %: ~o ~4 and subject tca mortgage in favor cf Joseph Marszalkcwsk~ , reccrded in CR Bcok ~16, Pace 1259 PubIic Recor of Ceil:er C&un:',', Flor:da WhiCh =ran%ee by acceptance and reccrza:pcn cf :ne deed beret':' 5ssumes an~ a~rees ~o pa~. :ndi COUNTY Or Clyde C. Quinby, Trus=ee and !ndivzdua] .;.~~ 'SEAL; ~; ~" r, , ~ by . :Jo~ary Public I 600 5th Avenue South --c~ss::, Pn ~ / . · _.~7.Z.'~ ~ ~' -'4oc ==.=:.. -a~e ar..: ~r. tere: ..'.:: :r,:.s '/ :ay cf ///~/,'~'~ '¢.~ ~..,- ;r,a ~-e:'.'ee.-. JL:A ?.'.?,.%:~::.'J:, :.~ ?ers:r.a: ,".e;~sen:-~::',.e o.~ :he Es:.=:e o£ :OS£PH H. · '-'2TI.;E.-~S?.U'E tko: ~:.- ~r.: i.-. c:ns:~era:t:n of the su: of $:.962.L80.00. retell: :f '.'~i:~, :skereby a:kr.c'.'Ledge:, firs: ;ar:': has sold an~ cenve.:e~, and does hereby sei~ and ccn:.ey ur:: :,%e said CL'.":E ~. 2L'I::S¥. his heirs and ass:g~, all :ks: :rat: cr par:el cf land situate tn Col!ret County, Florida and gescr:bed as fl!Lows: The gas: :,'2 of the :~ 1/4 cf Sectt:n ~. ?:~rnsht: ~0 South, Range :6 East. Collier Count';, ?:oridn. :,~CS Ar:.= EXCCPT::;G THEiL~?ROM, H~';~VER. of :he sa:d East i/2 of :he :;~ 1.% of Sect:~n 2, To~rnshtp ~0 South. Range 26 East, Collier Count),, Florida, :ytnR South o.~ Stare Road 858 and .~orch of State Road 856; said excepted par:el being a parcel conta~ntn8 6.05 acres, ~ore *r leR~, A:;D L?.S~ /::;,~ £7. CF. PT:'.;C ?Ur. REFROH. HO'-q:',T.R, .-HAT PORTION of the · .aid Last ;z.,,. '.: tie t~ L/4 r)I Sectlcn g, To. snip 50 South, ~nge 26 East, Co[::er C~,mty, ?:c~rtda, ;.r~rvtr, u~[7 ~nn'/e'~ed :~ the Scare IitRhvay Depattmen: f~r r:ght-oi-way purposes, :ne ~atce: c~ 1and ~e:ng conveyed hereby be~nB a :he ~ast ~5% c: rte Soutr.west '.: :~ Sec:::~ 2, :~snL~ ~O South. ?~n~e 26 ~asc, :oli1e~ C~un:7. S~hJEC: :~ ease=ents, - --,~- and , .es. .... ::ns reser';atlons of record. ~0 ~bV.'~ ~;D :0 HOL~ :he sa:e :o said Srancee, ~,is heirs and assiBns, tn as full and a:ple r~nner as the sa:e was ~ossessed o: en:oTed by the sa~d JOSEPH Hl?~}2qO?2~. Decease~, in his life:i:e. ~, ..... %'~E?~O~, :ne sa:d part:: of the f:rst part has hereunto sec her ~and and alE:xed her seal :~e day and year above ~ t~,e preset, ce '~ ~-Y(' ~ ~ (S~L) '~ ~/ .~.~ ,, ,3~a ~:rshhorn, as Personal Representative ' ~ ~ ~ o~ :he ~sca:e of =OS~PH H. HI~O~. Deceased. ~] ~ ]~ '-'.~ t and :r.~:vtduaL~y ~$ ~n u~te~rr:ed vtdov ~:.~,.:: :n :r. ls ca': persor, aLi'/, appeared 5efore ne, an ,=fflcer duly author:zed tc adnln:ster oaths and take acknowledgments, OLGA HI?J~HOPC;. as Personal Representative of the Estate of JOSEPH H. H:~)~O?2:, Deceased and ...d...dua..v. as an unremarr:ed widow, to me well kno~ :o be the person(s) described and who executed the foregoing and ac~owledgec ~efore =e :hac said ~etson(s) execuced the same freely =nd volunartly for the purpose therein expressed. ~ / ~ Notary PubLic My Co:tssion expires: · -o-, -,c-c~s This :nstru:ent ~repared by: Thomas R. Bro~, Esq. ......... 2660 Airport RoadSouth · ~.a,o~.. ~ Naples Flori~ .................. ' ..- -...~-.. ~T~ Tax C' ..:- C:.n,v. F:cr'd~ ,..,,,,,,~ ~, ~.~:~ ; DEC 1 5 1998 Febrl~ary 2, 1994 Mr. Thomas S. Dully 800 Swallow Point Naples, FL 33942 Re: Land Trust Agreement dated November 9, 1973 SE 1/4 of Section 3, Township 50 South, Range 26 East, Collier County, Florida, less the East 100' Dear Mr. Dully: Enclosed are copies of the responses we received from all the Beneficial Owners consenting you to serve as Successor Trustee of the captioned Land Trust Agreement. The only Beneficial Owner we were unable to reach was Mr. Henry Kass. We did forward another letter to Mr. Henry Koss on January 3, 1994, but it was returned by the post office with no forwarding address. Should you have any questions, please do not hesitate to contact us. Very truly yours, BOND, SCHOENECK & KING Enclosures /30:,,':D. SC]:-']:O:EI',-:EOZC December 7, 1993 William G. Allyn 50 6th Avenue North Naples, FL 33940 Re: Land Trust Agreement dated November 9, 1973 SE 1/4 of Section 3, Township 50 South, Range 26 East, Collier County, Florida, less the East 100' Dear Beneficial Owner: We have been contacted by a few of the beneficial owners regarding the designation of a Successor Trustee in light of the resignation of Aubrey Wood, the original trustee. This group has indicated a preference that Thomas S. Duffy of 800 Swallow Point, Naples, Florida 33942 be designated to serve as a Successor Trustee. Mr. Duffy is a Realtor Associate with The Prudential Florida Realty Group. Please indicate your consent to Mr. Duffy's serving as Successor Trustee in the space provided below and return in the enclosed envelope. Very truly yours, BOND, SCHOENECK & KING /djb Dennis p. Cronin [b<] I consent to Thomas S. Duffy serving as Successor Trustee of that certain Land Trust Agreement dated November 9, 1973. [ ] Z request that serve as Trustee of that certain Land Trust Ag. reement dated November Ng~/ Beneficial Owner December 7, 1993 Dr. Willard J. Blauvelt 825 Ketch Drive, Apt. 200 Naples, FL 33940 Re: Land Trust Agreement dated November 9, 1973 SE 1/4 of Section 3, Township 50 South, Range 26 East, Collier County, Florida, less the East 100' Dear Beneficial Owner: We have been contacted by a few of the beneficial owners regarding the designation of a Successor Trustee in light of the resignation of Aubrey Wood, the original trustee. This group has indicated a preference that Thomas S. Duffy of 800 Swallow Point, Naples, Florida 33942 be designated to serve as a Successor Trustee. Mr. Duffy is a Realtor Associate with The Prudential Florida Realty Group. . Please indicate your consent to Mr. Duffy's serving as Successor Trustee in the space previded below and return in the enclosed envelope. Very truly yours, BOND, SCHOENECK & KING ennis P. Cronin /djb [~/ I consent to Thomas S. Duffy serving as Successor Trustee of that certain Land Trust Agreement dated November 9, 1973. [ ] I request that serve asSuccessor 9 Trustee of that certain Land Trust Agreement dated November,. 1973 · Dr. Willard J./Blauvelt linc 1 5 1998 Beneficial Owner December 7, 1993 R. R. Blauvelt c/o Dr. Willard J. Blauvelt ~~ 22 I~i ~ n ~fve nil~e ~ ( Re: Land Trust Agreement dated November 9, 1973 SE 1/4 of Section 3, Township 50 South, Range 26 East, Collier County, Florida, less the East 100' Dear Beneficial Owner: We have been contacted by a few of the beneficial owners regarding the designation of a Successor Trustee in light of the resignation of Aubrey Wood, the original trustee. This group has indicated a preference that Thomas S. Duffy of 800 Swallow Point, Naples, Florida 33942 be designated to serve as a Successor Trustee. Mr. Duffy is a Realtor Associate with The Prudential Florida Realty Group. Please indicate your consent to Mr. Duffy's serving as Successcr Trustee in the space provided below and return in the enclosed envelope. Very truly yours, BOND, SCHOENECK & KING By: ennis P.' ~ /djb [ J I consent to Thomas S. Duffy serving as Successor Trustee of that certain Land Trust Agreement dated November 9, 1973 . , [ ] I request that serve as Successor Trustee of that certain Land Trust 6greement dated NDvem~-~,~G~*2~I / 1973. ~'~ 'II 'T'- ~ -' ~V~ _:. '° ~ ' · · auvelt- , bEC 1 5 1998 Beneficial Owner I December 7, 1993 Bradley W. Schwartz '' er ~ ~ '~ moehe~er, ~y !~04 ~\~_~ ~ Re: Land Trust Agreement dated November 9, 1973 SE 1/4 of Section 3, Township 50 South, Range 26 East, Collier County, Florida, less the East 100' Dear Beneficial Owner: We have been contacted by a few of the beneficial owners regarding the designation of a Successor Trustee in light of~the resignation of Aubrey Wood, the original trustee. This group has indicated a preference that Thomas S. Duffy of 800 Swallow Point, Naples, Florida 33942 be designated to serve as a Successor Trustee. Mr. Duffy is a Realtor Associate with The Prudential Florida Realty Group. Please indicate your consent to Mr. Duffy's serving as Successor Trustee in the space provided below and return in the anc!oscd anvelopa. Very truly yours, BOND, SCHOEN~CK & KING Dennis P. Cronin /djb ~ I consent to Thomas S. Duffy serving as Successor Trustee of that certain Land Trust Agreement dated November 9, 1973. [ ] I request that serve as Succ~or Trustee of that certain Land Trust~'Agreement da~L~No~,emb~~ 1973. ) _ ' Bradley W. Schwart~ ~[¢ Beneficial Owner Bo.x-o, SCHOmXEOZ & IiL-,-o S2SS ~ CC~TC~ ~O, SUmaC OAVIO N. S~XTON '~ ~ICC UMITCD TO December 7, 1993 O[Cl 0 1~ BOr~ SCHOE~CK & ~O Jane Forbes Bugden Jamaica Towers 2885 Gulf Shore Blvd. N. Naples, FL 33940 Re: Land Trust Agreement dated November 9, 1973 SE 1/4 of Section 3, Township 50 South, Range 26 East, Collier County, Florida, less the East 100~ Dear Beneficial Owner: We have been contacted by a few of the beneficial owners, regarding the designation of a Successor Trustee in light of the resignation of Aubrey Wood, the original trustee. This group has indicated a preference that Thomas S. Duffy of 800 Swallow Point, Naples, Florida 33942 be designated ~o serve as a Successor Trustee. ~. Duffy is a Real:or Associate with The Prudential Florida Real~y Group. Please indicate your consent to ~. Duffy~s serving as Successor Trustee in the space provided below and return in the enclosed envelope. Very ~ruly yours, BOND~ SCHOENECK & KING /d3b Dennis P. Cronin [ I consent to Thomas S. Duffy serving as Successor Trustee of that certain Land Trust Agreement dated November 9, 1973 . [ ] I request that serve as Successor Trustee of that certain Land Trust Agreement dasd No"emb~~/ J~e ~'orDes Bugden// ' DEC 1 fi 1998 B~neficial Owner J December 7, 1993 William S. Berger P.O. Box 1062 ,: New London, NH 03257 Re: Land Trust Agreement dated November 9, 1973 SE 1/4 of Section 3, Township 50 South, Range 26 East, Collier County, Florida, less the East 100' Dear Beneficial Owner: We have been contacted by a few of the beneficial owners regarding the designation of a Successor Trustee in light of the resignation of Aubrey Wood, the original trustee. This group has indicated a preference that Thomas S. Duffy of 800 Swallow Point, Naples, Florida 33942 be designated to serve as a Successor Trustee. Mr. Duffy is a Realtor Associate with The Prudential Florida Realty Group. Please indicate your consent to Mr. Duffy's serving as Successor Trustee in the space provided below and return in the enclosed envelope. Very truly yours, BOND, SCHOENECK & KING /djb [e~o consent to Thomas S. Duffy serving as Successor Trust f that certain Land Trust Agreement dated November 9, 1973. [ ] I request that serve as Successor Trustee of that certain Land Trust Agreement dated Novembe! 1973. Beneficial Owner S o,,,c ~,.-,cz:x..~, cc,,,?c- A.T'"TOR..\"'EY$ ,3,s~ 4~-o,~, 1107 TlEIlrlD ... ~sM.~<m~>, .,',',.~,',uc N,kPL-ES. t~LOI?~EIDA 339~I~D'7(D~8 .~o~, ~..,.~ December 7, 1993 William F. Allyn 50 State Street Skaneateles, NY 13152 Re: Land Trust Agreement dated November 9, 1973 SE 1/4 of Section 3, Township 50 South, Range 26 East, Collier County, Florida, less the East 100' Dear Beneficial Owner: We have been contacted by a few of the beneficial owners regarding the designation of a Successor Trustee in light of the resignation of Aubrey Wood, the original trustee. This group has indicated k preference that Thomas S. Duffy of 800 Swallow Point, Naples, Florida 33942 be designated to serve as a Successor Trustee. Mr. Dully is a Realtor Associate with The Prudential Florida Realty Group. Please indicate your consent to Mr. Duffy's serving as Successor Trustee in the space provided below and return in the enclosed envelope. Very truly yours, BOND, SCHOENECK & KING /djb [~-j----I consent to Thomas S. Duffy serving as Successor Trustee of that certain Land Trust Agreement dated November 9 1973. ' [ ] I request that serve as S u cc e~sor___ Trustee of that certain Land ~' ~' Trust Agree~%ent dated No~embe~2~, william F. Allyn I ~a~ Beneficial Owner Decem/>er 7, 1993 Lew F. Allyn 12 West Lake Street Skaneateles, NY 13152 Re: Land Trust Agreement dated November 9, 1973 SE 1/4 of Section 3, Township 50 South, Range 2~6 East, Collier County, Florida, less the East 100' Dear Beneficial Owner: We have been contacted by a few of the beneficial owners regarding the designation of a Successor Trustee in light of the resignation of Aubrey Wood, the original trustee. This group has indicated a preference that Thomas S. Duffy of 800 Swallow Point, Naples, Florida 33942 be designated to serve as a Successor Trustee. Mr. Duffy is a Realtor Associate with The Prudential Florida Realty Group. Please indicate your consent to Mr. Duffy's serving as Successor Trustee in the space provided below and return in the enclosed envelope. Very truly yours, BOND, SCHOENECK & KING By /djb [v'] I consent to Thomas S. Duffy serving as Successor Trustee of that certain Land Trust Agreement dated November 9, 1973. [ ] I request that 1/-' serve as Successor Trustee of that certain Land Tru/~ Agr~n~e~,/~ovenfm~x~ Lew F. Allyn Beneficial Owner I DEC 1 5 ]998 December 7, 1993 Allyn Family R.E. Co. c/o Don Nelson - Welch Allyn, Inc. Post Office Box 220 Skaneateles Falls, NY 13153 Re: Land Trust Agreement dated November 9, 1973 SE 1/4 of Section 3, Township 50 South, Range 26 East, Collier County, Florida, less the East 100' Dear Beneficial Owner: We have been contacted by a few of the beneficial ownersI regarding the designation of a Successor Trustee in light of the resignation of Aubrey Wood, the original trustee. This group has indicated a preference that Thomas S. Dufky of 800 Swallow Point, Naples, Florida 33942 be designated to serve as a Successor Trustee. Mr. Duffy is a Realtor Associate with The Prudential Florida Realty Group. Please indicate your consent to Mr. Duffy's serving as Successor Trustee in the space provided below and return in the enclosed envelope. Very truly yours, BOND, SCHOENECK & KING Dennis P. Cronin /djb [~/I consent to Thomas S. Duffy serving as Successor Trustee of that certain Land Trust Agreement dated November 9, 1973. [ ] I request that serve as Succeed_or Trustee of that certain Land Trust Agreement dated Nov~mbe~ g,.~ A~lyh Family R.g.~. I'-u~,u 1 5 ~998 Beneficial Owner December 7, 1993 Lois C. Ellenoff 1136 Fifth Avenue New York, NY 10028 Re: Land Trust Agreement dated November 9, 1973 SE 1/4 of Section 3, Township 50 South, Range 26 East, Collier County, Florida, less the East 100' Dear Beneficial Owner: We have been contacted by a few of the beneficial owners regarding the designation of a Successor Trustee in light of the resignation of Aubrey Wood, the original trustee. This group has indicated a preference that Thomas S. Duffy of 800 Swallow Point, Naples, Florida 33942 be designated to serve as a Successor Trustee. Mr. Duffy is a Realtor Associate with The Prudential Florida Realty Group. Please indicate your consent to Mr. Duffy's serving as Successor Trustee in. the space provided below and return in the enclosed envelope. Very truly yours, BOND, SCHOENECK & KING /djb Dennis P. Cronin [ ] I consent to Thomas S. Duffy serving as Successor Trustee of that certain Land Trust Agreement dated November 9, 1973. [ ] I request that serve as Succe~i~D~ Trustee of that certain Land Trust Agreement dated No%'embe~~''*''¢ 1973. . Lois C Ellenoff / 1998 Beneficial Owner December 7, 1993 Vincent M. Klein 300 Woodhollow Drive Auburn, NY 13021 Re: Land Trust Agreement dated November 9, 1973 SE 1/4 of Section 3, Township 50 South, Range .26 East, Collier County, Florida, less the East 100' Dear Beneficial Owner: We have been contacted by a few of the beneficial owners regarding the designation of a Successor Trustee in light of ~the resignation of Aubrey Wood, the original trustee, i This group has indicated a preference that Thomas $. Duffy of 800 Swallow Point, Naples, Florida 33942 be designated to~ serve as a Successor Trustee. Mr. Duffy is a Realtor Associate with The Prudential Florida Realty Group. Please indicate your consent to Mr. Duffy's serving as Successor Trustee in the space provided below and return in the enclosed en';elcpe. Very truly yours, BOND, SCHOENECK & KING /djb Dennis p. Cronin [ X] I consent to Thomas S. Duffy serving as Successor Trustee of that certain Land Trust Agreement dated November 9, 1973 . [ ] I request that serve as Suc~e-"-~"',. A , Trustee of that certain Land Trust Agreement dated No~em~~~/ 1973. I . 9intent M. Klein I ~-~ 1 5 1998 Beneficial Owner December 7, 1993 Allyn Family R.E. Co. c/o Don Nelson - Welch Allyn, Inc. Post Office Box 220 Skaneateles Falls, NY 13153 Re: Land Trust Agreement dated November 9, 1973 SE 1/4 of Section 3, Township 50 South, Range 26 East, Collier County, Florida, less the East 100, Dear Beneficial Owner: We have been contacted by a few of the beneficial owners regarding the designation of a Successor Trustee in light of the resignation of Aubrey Wood, the original trustee. This group has indicated a preference that Thomas S. Duffy of 800 Swallow Point, Naples, Florida 33942 be designated to serve as a Successor Trustee. Mr. Dully is a Realtor Associate with The Prudential Florida Realty Group. Please indicate your consent to Mr. Duffy's serving as Successor Trustee in the space provided below and return in the enclosed envelope. Very truly yours, BOND, SCHOENECK & KING /djb Dennis P. Cronin [~/~I consent to Thomas S. Duffy serving as Successor Trustee of that certain Land Trust Agreement dated November 9, 1973 . [ ] I request that serve as Successor Trustee of that certain Land Trust Ag~n,q~t dated Nov, 1973. ; \(,~. ~ ~ . Allyr{ Family R.E."C~. ' ' SEC i 5 1998 Beneficial Owner December 7, 1993 Sally Jane Baker 613 Cedarcrest Drive Schaumburg, IL 60193 Re: Land Trust Agreement dated November 9, 1973 SE 1/4 of Section 3, Township 50 South, Range 26 East, Collier County, Florida, less the East 100' Dear Beneficial Owner: We have been contacted by a few of the beneficial owners regarding the designation of a Successor Trustee in light of the resignation of Aubrey Wood,~ the original trustee. This group has 'indicated ~ preference that Thomas S. Duffy of 800 Swallow Point, Naples, Florida 33942 be designated to. serve as a Successor Trustee. Mr. Dully is a Realtor Associalte with The Prudential Florida Realty Group. Please indicate your consent to Mr. Duffy's serving as Successor Trustee in the space provided below and return in the enclosea envelope. Very truly yours, BOND, SCHOENECK & KING [6] I consent to Thomas S. Duffy serving as Successor Trustee of that certain Land Trust Agreement dated November 9, 1973 . [ ] I request that serve as Successor Trustee of that certain Land Trust Agreement dated 1973. . S~ll~ Jane Baker Beneficial Owner J DEC 1 5 1998 BOXD. ScT-~oz.-,,-~G~r. & I{..r.',,-O a,,r [,,,cou. ¢c.,,r- A-TTORh'I~ys AT LAI%' December 7, 1993 Maureen Eve Bahm BONT)SCHOEN~&KING 2 1-1 Wc~~-=- .04~ c.,.3c~ i', "· ', Bloomfield }{ills, MI ~ ?~ Re: Land Trust Agreement dated November 9, 1973 SE 1/4 of Section 3, Township 50 South, Range 26 East, Collier County, Florida, less the East 100' Dear Beneficial Owner: We have been contacted by a few of the beneficial owners regarding the designation of a Successor Trustee in light of the resignation of Aubrey Wood, the original trustee. This group has indicated a preference that Thomas S. Duffy of 800 Swallow Point, Naples, Florida 33942 be designated to serve as a Successor Trustee. ~. Duffy is a Realtor Associate with The Prudential Florida Realty Group. Please indicate your consent to Mr. Duffy,s serving as Successer Trustee in the space pro~,ided ~,., and return in ~h~ enclosed envelope. - ..... -'- Very truly yours, BOND, SCHOENECK & KING /djb Dennis P. Cronin [~ I consent to Thomas S. Duffy serving as Successor Trustee of that certain Land Trust Agreement dated November 9 1973 . , [ ] I request that serve as Succ~.~ ..... Trustee of that certain Land~ru~t Agreement dated Maureen Eve Bahm i Beneficial Owner December 7, 1993 William M. Garwood 1783 Delaware Avenue N.E. Atlanta, GA 30307 Re: Land Trust Agreement dated November 9, 1973 SE 1/4 of Section 3, Township 50 South, Range 26 East, Collier County, Florida, less the East 100' Dear Beneficial Owner: We have been contacted by a few of the beneficial owners regarding the designation of a Successor Trustee in light of the resignation of Aubrey Wood, the original trustee. This group has indicated a preference that Thomas S. Duffy of 800 Swallow Point, Naples, Florida 33942 be designated to serve as a Successor Trustee. Mr. Duffy is a Realtor Associate with The Prudential Florida Realty Group. Please indicate your consent to Mr. Duffy's serving as Successor Trustee in the space provided below and return in the enclosed envelope. Very truly yours, BOND, SCHOENECK & KING /djb Dennis P. Cronln [4 I consent to Thomas S. Duffy serving as Successor Trustee of that certain Land Trust Agreement dated November 9 1973. , [ ] I request that serve as Suc~a~s~,~o,,,E, Trustee of that certain Land Trust Agreement.~ated No~em~e~~~; ~ilZiam M. Garwood I Beneficial Owner December 7, 1993 Elsa Soderbarg 4371 Province Line Road Princeton, NJ 08540 Re: Land Trust Agreement dated November 9, 1973 SE 1/4 of Section 3, Township 50 South, Range 26 East, Collier County, Florida, less the East 100' Dear Beneficial Owner: We have been contacted by a few of the beneficial owners~ ~ regarding the designation of a Successor Trustee in light of the resignation of Aubrey Wood, the original trustee. This group has indicated a preference that Thomas S. Duffy of 800 Swallow Point, Naples,. Florida 33942 be designated to serve as a Successor Trustee. Mr. Duffy is a Realtor Associate with The Prudential Florida Realty Group. Please indicate your consent to Mr. Duffy's serving as Successor Trustee in the space provided below and return in the enclosed envelope. Very truly yours, BOND, SCHOENECK & KING /djb Dennis P. Cronin [?] I consent to Thomas S. Duffy serving as Successor Truste'e of that certain Land Trust Agreement dated November 9 1973 . , [ ] I request that serve as Succes. s&~~ Trustee of that certain Land Trust Agreement dated Novembe~f,~^~J~ lsa Soderberg -.~J.'EC 1 5 1998 Beneficial Owner ~ December 7, 1993 Dennis Kass 55 Hewlett Avenue Rye, NY 10580 Re: Land Trust Agreement dated November 9, 1973 SE 1/4 of Section 3, Township 50 South, Range 26 East, Collier County, Florida, less the East 100' Dear Beneficial Owner: We have been contacted by a few of the beneficial owners regarding the designation of a Successor Trustee in light of the resignation of Aubrey Wood, the original trustee. This group has indicated a preference that Thomas S. Duffy of 800 Swallow Point, Naples, Florida 33942 be designated to serve as a Successor Trustee. Mr. Duffy is a Realtor Associate with The Prudential Florida Realty Group. Please indicate your consent to Mr. Duffy's serving as Successor Trustee in the space provided below and return in the enclosed envelope. Very truly yours, BOND, SCHOENECK & KING nnls P. Cronin /djb ~I [ consent to Thomas S. Duffy serving as Successor Trustee of that certain Land Trust Agreement dated November 9, 1973. [ ] I request that Trustee of that certain Land Tr~ Agreem:~va as dated NovE!mbei 1973. D hnis Kass '2 DEC 1 5 1998 Beneficial Owner · ,~.i-: :-~ :'%'"'-f A~:Z >f'fLTi-?AXiL':' [;..2T, 'iLl ~77 'f .... ;~':', FLtT-lLA, ~TUS:.TTi~3 · ;'" · :. "~. ; .'.2:' :-'. ·: ?,f:E~!'/..l, ~. F:'.2,i..:-.r.m):.~.~. --: 'f:'~r,:;, var. ............ · - '- --'.,-, . : 'x..'. :.er.::r. ~esz~z~e~ real , .r:7 .... i2'10) , ; Oft 15 ;998 DEC 1 5 1998 EXHIBIT A CEDAR ttAMMOCK GOI.F AND COUNTRY CLUB A PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING blASTER PLAN GOVERNENG THE CEDAR HAMMOCK GOLF AND COUNTRY CLUB, A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF TIlE COLLIER COUNTY LAND DEVELOPMENT CODE Prepared For: U.S. HOME CORPORATION Land Development Division 10491 Six Mile Cypress Parkway Fort Myers, Florida 33912 Prepared By a Team of Professionals: IL Bruce Anderson, Esquire YOUNG, VAN ASSENDERP & VARNADOE, P.A. 801 Laurel Oak Drive, Suite 300 Naples, Florida 34108 ., .-. Dave Underhill, P.E. BANKS ENGINEERING, INC. 2150 Goodlette Road, Suite 701 Naples, Florida 34102 '::-",.~":'.:3 .':.'?.::,, Carton Day, AICP FLORIDA LAND PLANNING, INC. p t' I)" :~4 .. ,. 6350 28tn Avenue S.W. Naples, Florida 34116 DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAI- ] ]/'23/98 TABLE OF CONTENTS Statement of'Compliance Section I Legal Description, Proper~y Ownership and General Description Section II Project Development Section Iii Residential Development Standards Section IV CommonsX, Recreation Area Development Standards Section V Preserve Area Section VI Development Commitments LIST OF EXHIBITS AND TABLES EXHIBIT A PUD MASTER DEVELOPMENT PLAN EXHIBIT B ROADWAY CROSS-SECTIONS EXHIBIT C ALTERNATIVE ROADWAY CROSS-SECTION TABLE I DEVELOPMENT STANDARDS STATEiMENT OF COMPLIANCE Country Club will be compliance with the goals and Development of the Cedar Hammock Golf and objectives set forth in the Collier County Comprehensive Plan. A. The subject property for development is within the Urban Mixed Use District/Urban Residential Subdistrict as identified on the Future Land Use Map as provided for in Objective I of' the Future Land Use Element CFI..UE), and the uses contemplated are consistent therewith. B. The proposed density of the Cedar }-tammock Golf and Country Club is approximately 1.9 units per acre for a total of' 799 units. This total is significantly less than the maximum of approximately 3350 units permitted by the FLUE Density Rating System. ACREAGE 418.8 acres BASE DENSI'I~' 4 alu/gross acre ADJ'UST~IENTS O Proximity to Activity Center (more than 50% ofthe 3 du/gross acre project is within the density band) Direct access to 2 or more arterials (Davis and 951) I du/gross acre TOTAL UNIIS 3,350 units The proposed project's 799 unit total is also significantly less than the maximum of approximately 1120 units permitted by the existing zoning. EXISTING ZONING DENSITY ACREAGE UNITS A I du/5ac 277.93 55.59 RSF-4 4 dtx/ac 50.42 201.68 RNfF-6 6 du/ac 10.44 62.64 KMF- 12(10) 10 du/ac 80.01 800.10 TOTAL UNITS 418.80 1,120 units, ,~, i DEC 151998 C. The development will be compatible.with and complementary to existing and planned O surrounding land uses. D. The development ofthe Cedar Hammock Golf and Country Club will result in an efficient and economical extension of community facilities and services as required in Policy 3. I.H and Policy 3.1.L ol~the Future Land Use Element. E. Cedar Hammock Golf and Country Club implements Policy 5.6 of the Future Land Use Element in that approximately 70 % of the project will be open space or reserved for conservation purposes. F. The Master Development Plan, with its extensive natural, lake and golf course open space areas, and with its Iow residential density, will insure that the developed project will be an enjoyable residential neighborhood. SECTION I PROPERTY OWNERStlIP AND DESCRIPTION 1.1 PURPOSE The purpose ofthis Section is to set forth the location and ownership ofthe property, and to describe the existing conditions of the property proposed to be developed under the project name of the Cedar Hammock Golf and Country Club. 1.2 PROPERTY OWNERSHIP The subject property is owned by Clyde C. Quinby, as Trustee and Thomas S. Duffy, Trustee. Closings will occur and property division acquisition will be concluded at such time as project development plans have been approved by the County and other jurisdictional agencies. /he project developer is U.S. Home Corporation. 1.3 GENERAL DESCRIPTION OF PROPERTY AREA A. The + 418 acre project site is compromised of a portion of Section 3, Township 50 S, Range 26E. The irregularly shaped development parcel abuts Davis Boulevard on the north and C.R. 951 on the east. The primary development objective is an 18-hole championship golf course and country, club, together with a maximum of' 799 single and multiple family dwelling units. Maximum gross project density is 1.9 units per acre. B. The zoning classifications of the subject property prior to the date ofthis approved PUD document were approximately 80 acres zoned RMF- 12(10), 10 acres zoned RMF-6, 50 acres zoned RSF-4 and 278 acres zoned A-Agricultural. 1.4 PIt'YSICA I, DESCRIPTION Elevations ofthe property range from 9.5 feet to 11 feet above mean sea level. The site contains extensive areas of jurisdictional wetlands including both submerged v,' laneg, llp_4..,S_~ lle. which cypress and associated vegetation dominate, and transitional wetlands ir which the predominant vegetation is a mix ofpine and cypress and associated upland and wetland plants. The property is mainly covered with natural vegetation (except for unpaved vehicular trails which meander throughout the area and except for exotic vegetation which has invaded portions of the area in a fairly extensive manner). Natural drainage is southwesterly. Water management plans for the project are to utilize lakes which will result in the post development surface water discharge volume being less than the pre- development discharge volume. 1.5 PROJECT DESCRIPTION Cedar Hammock Golf and Country Club is designed as a Iow density residential gated golf course community for the active adult market. Its extensive natural, lake and golf course open space areas create an enjoyable residential ambiance. Residential enclaves will include single family detached homes, single family attached homes, zero lot line, cluster development or multi-family. Each residential unit will be served with centrally provided potable water, sanitary sewer, electric power, and telephone. Additional services will be provided as deemed appropriate. Diverse recreational amenity opportunities within Cedar Hammock Golf and Country Club include a beautiful Gordon Lewis designed 18-hole championship golf course. The clubhouse complex will contain two dining rooms, meeting rooms, fitness center, pool, cabana, spa, pro shop, aqua range and tennis courts. Three additional pools will be interspersed throughout the neighborhoods. An entrance to the development will be provided on Davis Boulevard, The PUT) Master Plan also includes an entrance to the development on C.R. 951 as well as access to the maintenance area. 1.6 SHORT TITLE This Ordinance shall be known and cited as the" Cedar Hammock Golf and Country Club Planned Unit Development Ordinance". 1.7 LEGAL DESCRIPTION Follows this section. Professional Engineers, Planners & Land Surveyors DESCRIPTION OF A PARCEL OF LAND LYING IN SECTION 3, TOW:NSHIP 50 SOLq-H, RANGE 26 EAST COLLIER COU1VI~, FLORIDA A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIY)A, COUNTY OF COLLIER. LYING IN SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST, AaN'D BEING FURTHER BOUND AND DESCRIBED AS FOLLOWS: THE SO--ST QUARTER OF SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS THE WEST HALF OF TI-EE NOR'fI4WCEST QUARTER OF THE SOUTH--'EST QUARTER OF SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. THE SObTHEAST QUARTER OF SECTION 3, TOWNSHIP 50 SOUTH. RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LYTNG WEST OF ISLE OF CAPRI RO.~YD (STATE ROAD NO. 951), LESS AND EXCEPT A 25 FOOT ~VIDE DEDICATED RIGHT OF WAY AS RECORDED IF OFFICIAL RECORD BOOK 2015, PAGE 1500 THROUGH 1502 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORJDA. THE SOUTICWEST QUARTER OF THE SObTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 50 SOUTH, tC~N'GE 26 EAST, COLLIER COUNTY, FLORIDA. THE NORTH~'EST QUARTER OF SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LYING SOUTt-EEASTERLY OF DAVIS BOULEV.~)d3 (STATE RO.kD NO. 84). SAID PARCEL CONTAiNTNG 417.32 ACRES MORE OR LESS, SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD. DEC 15 1998 County: lOJOl-104 SLx ~]c ~ ~, Fen My~ FIoH~ 33912 · (~t~3~. F~ (941~3~ ~U~ C~ 21~701 ~ R~ N~I~ ~ ~102. (~1~3-~ · F~ (94I~34~ SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the Cedar Hammock Golf and Country, Club development, as well as other proiect relationships. 2.2 _GENERAL A. Regulations for development ofthe Cedar Hammock Golf and Country Club shall be in accordance with the contents ofthis document, PUD-Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code and Growth Management Plan in effect at the time of development order application as provided in the Land Development Code and Growth Management Plan. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the County Land Development Code shall apply. B. Unless otherxvise noted, the definitions of all terms shall be the same as the definitions set for'th in the Collier County Land Development Code in effect at the time of development order application, as provided in the Code. C. Ail condilions imposed and all graphic roarer'iai presenled depicting restrictions for the development of the Cedar Hammock Golf and Country Club shall become part of the regulations which govern the manner in which the PUD site may be developed. D. Unless modified, waived, exempted or excepted by this PUD, the provislon.~ Collier County Land Development Code, where applicable, remain in f-t. jll force and I DEC 15 1998 11t'23/99 effect with respect to the development of the land which comprises this PUD. E. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15. Adequate Public Facilities, from the County Land Development Code, at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance applicable to this development. 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The project development plan is graphically indicated by the PUD Master Development Plan, attached as Exhibit "A". The plan indicates tracts which are eligible for either single family or multi-family dwelling units, streets, an 18 hole golf course, a practice driving range, a golf course maintenance site with separate access from C.R. 95 I, a country club complex.'a system of lakes and preserved natural wetland and upland areas, an entr3' gate facility on Davis 13oulevard and on C.R. 95 I. B. In addition to the plan elements shown on the PUD Master Development Plan, such easements and rights-of-way shall be established within the project site as may be necessarv or desirable for the service, function, or convenience ofthe project. C. The PUD Master Development Plan is also the Subdivision Master Plan. 2.4 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USE A. No more than 799 combined single and multiple family dwelling units shall be constructed in the + 418 acre total project area. Ifall 799 dwelling units are constructed, gross project density will be i.9 units per acre. 13. Single and multiple family dwelling units shall not be constructed within the same platted tract. , ,,o. ?.~ / DEC 1 5 1998 ! 2.5 RELATED PROJECT PLAN APPROVAL REQUIREMENTS A.Prior to the recording ora Record Plat, and/or Condominium Plat for all or part of the PLnD, final plans of all required improvements shall receive approval ofthe appropriate Collier County governmental agency lo insure compliance with the Pbq2) Master Development Plan, the Collier County Subdivision Code, and the platting laws of thc State of Florida. B. Exhibit "A", PUD Master Development Plan, constitutes the required PUD Development Plan Subsequent to or concurrent with PUD approval, a Preliminary Subdivision Plat if applicable shall be submitted. Any division of property and the development of the land shall be in compliance with Division 3.2 of the Collier County Land Development Code, and the platting laws of the State of Florida C. The provisions of DMsion 3.3 of'the Collier County Land Development Code, when applicable, shall apply to the development of platted tracts, or parcels of land as provided in said DMsion prior to the issuance ora building permit or other development order. D. The development of any tract or parcel approved for residential development contemplating fee simple ownership of'land for each dwelling shall be required to submit and receive approval ora Preliminary Subdivision Plat in conformance with the requirements ofDMsion 3 2 of the Collier County Land Development Code prior to the submittal ofconstmction plans and final plat for any portion ofthe tract or parcel. E. Appropriate instruments ,,,,'ill be provided at the time ofinfrastructural improvements regarding any dedications and method for providing perpetual maintenance ofcommon facilities. ~ ~,~ I 15 998 ~ Page 6 F. The golfcourse and related support facilities, including construction trailers and golf course maintenance facilities, may be developed prior to the approval of Subdivision Construction Plans and Plat, subject to approval of an Early Work Agreement by Collier County Development Services Staff. Use ofthe Cedar Hammock Golfand Country Club may not occur until the required plat is recorded, all support infrastructure is completed and preliminary acceptance for the improvements is granted by the Board of County Commissioners for that phase of' the development. 2.6 ,'MODEL HOMES AND SALES FACILITIES M'odel homes, sales centers and other uses and structures related to the promotion and sale of real estate such as, but not limited to pavilions, viewing platforms, gazebos, parking areas, tents, and signs, shall be permitted principal uses throughout the Cedar Hammock Golf and Country Club subject to the requirements of Article 2, Division 2.6, Section 2.6.3.3.4, Article 2, Division 25, Section 2.5.5.1.3, Article 3, Division 3.2, Section 3.2.6.3.6, and other applicable sections ofthe code, and ofthe Collier County Land Development Code. The limitation of Section 2.6.33.4.1.5(a), regarding the number of model homes allowed prior to plat recordation shall be applicable to each development tract rather than each development phase. Model homes/model home centers including sales centers shall be permitted in conjunction with the promotion ofthe development subject to the following: A. Models may be constructed after approval ora preliminary subdivision plat but prior to recording a final plat. B. Models may be permitted as "dry models" and must obtain conditional certificates of occupancy for model purposes only. Models may not be occupied ntil a%o permanent certificate of 0ccupancy is issued. DEC ! 5 1998 I 1/23/98 C. Models may not be utilized as "sales offices" without approval by and through the Site Development Plan process. The SDP process shall not be required for dry models pursuant to this section. D. In addition to use of model homes as sales offices or centers, a sales office or center may be maintained on-site for the sales, marketing and administration of golf course memberships. 2.7 AMENDMENTS TO I'UI) DOCt~MENTS Or< PUD MASTER DEVELOPMENT .P. LAN Amendments ma)' be made to the PUD as provided in the Collier County Land Development Code, Section 2.7.3.5. 2.8 .ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA ~IAINTENA NCE Whenever the developer elects to create land area ancL/or recreation amenities whose ownership and maintenance responsibility is a common interest to all of' the subsequent purchasers of'property within said development in which the common interest is located, the developer entity shall provide appropriate legal instruments for the establishment of' a Property Owners' Association and/or Community Development District whose function shall include provisions for the perpetual care and maintenance of all common facilities and open space subject further to the provisions of the Collier County Land Development Code, Section 2.2.20.3.8. 2.9 .STREETS A. Platted project streets shall be private or owned by a Community Development District and shall be classified as local streets. Utilization of lands within all project rights-of-way for landscaping, decorative entrancewavs, .... and sianaee ma,,, be allowed subject to review and ad~'' ' approval by the Collier County Community Development and Environmental Services i EC, 15 1998 l l/'23/98 O Administrator, or his designee, for engineering and safety considerations prior to installation. C. Off street parking required for multi-family uses shall be accessed by parking aisles or driveways. These parking aisles shall be separate from roads providing access to platted residential lots. Where parking aisles and roads abut, a green space area of not less than ten (10') feet in width will be provided between the accesses, as measured from the pavement edge. 2.10 LAKES A. Lake Setbacks: 1. All lake setbacks shall be measured from the lake top ofbank. 2. The required setback to any internal property line or tract line internal to the Cedar Hammock Development shall be zero (0) feet. 3. The minimum setback to any internal right-of-way, or roadway access easement shall be twenty (20) feet. 4. The minimum setback to any right-of-v,'ay, roadway access easement or external property line may be twenty (20) feet if the right-of-way, roadway access easement or external property line is fenced. B. Lakes may be excavated to a maximum depth of 20 feet. C. Lake Slopes: Upon the approval of the Site Development Review Director, slope reduction shall be allowed for a maximum of 40% of the lake perimeter where vertical bulkheads, rock walls, rip rap or other slope protection measures are provided. Compensating littoral zone shall be provided where slope reduction is used on the lake perimeter. However, no compensating littoral zones shall be required where slo measures are used on islands within the lakes. DEC 1 [5 1998 11/23/98 P~ge 9_. 2,11 FILL STORAGE This section is provided to allow the completion of'the water management system including the filling of' the residential areas prior to building permit issuance, as allowed in Section 3.2.8.36 of the LDC. The excavation of the lakes is a requirement ofthe first construction phase in order to establish the surface water management system. The fill generated from on- site lake excavation is approximately adequate to achieve the proposed finish design grade. It is anticipated that rock will be generated by on-site lake and utility construction. In order to avoid off-site traffic impacts caused by the removal ofrock from the sile, the rock will be buried for no net loss of material. The residential areas may be cleared and filled when the lake construction occurs. The filling of the residential areas is necessary to complete the surface water management system, and is a requirement of the SF~,~,%fD permit. 2.12 ACCESS The project's principal access drive '.,,'ill be on Davis Boulevard with a secondary access on C.R. 951. Construction access will be on C.R. 951. A separate access for the golf course maintenance area is also on C.R. 951. DEC 1 5 1998 11/23/98 P~e I0 SECTION III RESIDENTIAL DEVELOPMENT 3.1 PURPOSE The purpose of this Section is to identify specific development standards for areas designated as Tract "R" - Residential on the PUD Master Development Plan, Exhibit "A". 3.2. MAXIMUM DWELLING UNITS A maximum of 799 dwelling units may be constructed in this +418 acre project. 3.3 I, ISES PERMITTED No building or structure, or pan thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: I. Single-Family detached buildings. 2. Single-Family attached dwellings, zero lot line and/or multi-family dwellings. B. Accessory Uses: I. Accesso~, uses and structures customarily associated with single and multi- family residential projects. 2.Utility, water management and fights-of-way/access easements. 3. Water management facilities/lakes. 4. Project sales and administrative offices, which may occur in a residential qr recreational building and/or in a temporary building until such time as permanent structures are available, provided the appropriate temporary use permit is obtained prior to occupancy. I 0EC 15 998 I 5. Model dwellings in the single family/multi-family tracts, during the period~ of project development and sales. 6.Signs as permitted by the Collier County Land Development Code in effect at the time permits are requested, except as modified herein. 3.4 DEVELOPMENT STANDARDS A. General: Except as provided for herein, all criteria set forth shall be understood to be in relation to individual parcel or lot boundaD' lines, or between structures. From yard selbaCks shall be measured from back ofcurb or edge ofpavement, whichever is closer to structure. Condominlu~omeowners' association boundaries shall not be utilized [or determining development standards. B. Table I sets fo~h the additional specific development standards applicable to the Pe~itted Uses. C, Off-street Parking and Loading Requirements As required by Division 2.3 ofthe Collier Count)' Land Development Code in effect at the time ofbuilding permit application. 3.5. CLUSTER DEVELOPMENT In the event a housing project (including infrastructure), is designed with a common architectur~ theme, the Collier County Development Se~'ices Director may permit variations from the previously listed residenti~ development regulations. Prior to approval and subject to the pro~sions of Division 3.3 ofthe Collier County Land Development Code, the Collier County Development Services Director shall insure that lhe plans are appropfiale for and' surrounding area, and the basic iment ofthe PL~ standards are co~~ compatible with J DEC 151998 I 1~3/9~ P~e TABLE I DEVELOPMENT STANDARDS Development Single Family Single Family Zero Lot Commons/ Standards Detached Attached Line' Multi-Family Recreation Uses PRIT~'CIPAL STRUCTURES Minimum Lot Area 7,000 S.F. 3,600 S.F. 3,600 S.F. 10,000 S.F. N/A Lot Width Min. 70 Feet Min. 30 Feetj Min 50 Feet Min. 120 Feet N/A Min. 25 Feet: Min. Floor Area 1,500 S.F. 1,000 SF. 1,000 S.F. 1,000 S.F. N/A Front Yard 12 Feet i 2 Feet 12 Feet 20 Feet 50 ~'Feet3 20 Feet`* Side Yard 5 Feet~ 5 Feet~ 0 Feet~ 9 & 10 Feets 25'Feet~ 10 Feet~ 10 Feet'* Rear Yard 10 Feet~ 10 Feets 10 Feet~ 20 Feets None3 i O Feet`* Min. Distance Between Structures 10 Feet 10 Feet I 0 Feet 15 Feet6 10 Feet 2 stories not 2 stories not 2 stories not 4 stories not 60 Feet* Max. Bldg. Height to exceed 35 to exceed 35 to exceed 35 to exceed 65 feet :' feet * feet ? feet ? ACCESSORY STRUCTURES Front Yard S.P.S. S.P.S. S.P.S. S.P.S. Iff!Feets S.P.S.' Side Yard S.P.S. S.P,S. S.P.S. S.P.S. lO'Feets S:P.S.' Rear Yard (attached) S.P.S. S.P.S. S.P.S. 10 Feet'~ IO Feets S.P.S.' Rear Yard (detached) 20 Feet 15 Feet 15 Feet 20 Feet I 0 Feets S.P.S.' M'ax. Bldg. Height 35 Feet' 35 Feet' 35 Feet' 35 Feet' 40 Feet S.P.S.: Same as Principal Structure. Applicable to single story dwelling units. Applicable to ~'o story dwelling units. Applicable only to the golf course clubhouse, and only applicable from residential parcels, othem,'ise none (0'). Applicable to all other recreational buildings not associated with the golf course clubhouse· Where such recreational buildings are adjacent to golf course - none (0'), or lake - none (0') measured from the top of bank. Where adjacent to a golfcourse - none (0'), or lake - none (0') measured from the top of bank. 15 feet, or one-Mlf the sum of the heights of the adjacent buildings, measured from exterior walls, whichever is greater. Building height shall be measured from minimum finished floor elevation. 35 feet. or 2 ~ories, whichever is greater, above the minimum finished floor elevation, except for attached scrc~'a enclosures, which ma,,' be the height ofthe principal structure. ' All zero lot line units in a series shall have the 0 foot side setback on the same side of the lcg.-~l~ ma5' change only ifa minimum 10 foot ,',fide space is provided in the form of an e~ement,~~se~ side crossing, or the like, which separate the lots. i DEC I 5 1998 i IF2319g J SECTION IV COMMONS/RECREATION AREA 4.1 PURPOSE The purpose ofthis Section is to set forth the development plan and development standards from the areas designated as Tract "CR", Common..qRecreation Area on Exhibit "A". The primary function and purpose ofthis Tract is to provide for access, project infrastructure, and aesthetically pleasing open areas intended to satisfy the residents' basic needs for a quality recreational opportunity. Any recreational, social, administrative or maintenance facility which may be indicated on the PUD Master Development Plan, Exhibit "A", shall be considered conceptual, and the placement ofsuch facilities considered non-binding. Except in areas to be used for water impoundment, and principal or accessory use areas, all natural trees and other vegetation, as practicable, shall be protected and preser¥'ed. 4.2 USES PERMITTED No building or structure, or pan thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: I. Golfcourses and golfclub facilities, including temporary and permanent golf' clubhouses. 2. Tennis clubs, health spas, and other recreational clubs. 3. Structures which house social, recreational, project marketing, administrative. or security facilities. 4. Community and golfcourse maintenance areas, maintenance buildings, utility storage buildings, chemical storage buildings, essential sen'ices, irrigation water and effluent storage tanks and ponds, water and wastewater treatment pumping facilities and pump buildings, utility and maifiiiil,a~n~ plants, utilities staff offices. , r~EC 1 5 1998 i i/'23/98 Page 14 $. Utility, water management and rights-of-way/access easements. 6. Lakes and water management facilities. 7. Conservation areas/mitigation areas. 8. Land use and/or landscape buffers, which may or may not be easements, depending on the buffer use. 9. Signs as permitted by the Collier Count.,,' Land Development Code in effect at the time permits are requested, except as modified herein. I0. Open space uses and structures including, but not limited to nalure trails, riding trails, fitness trails and shelters, boardwalks, landscape nurseries gazebos, and picnic areas. 11. Pedestrian and bicycle paths, or other similar facilities constructed for purposes ofaccess to, or passage through the commons area. O 12. Small docks, piers or other such facilities constructed for purposes oflake recreation, for residents of the project. 13. Shuft'leboard courts, tennis courts, swimming pools, and other facilities intended for outdoor recreation 14. Lake excavations as permitted by Division 3.5 o/'the Collier County Land Development Code. B. Accessory Uses: Accessory, incidental and subordinate commercial activities such as, but not limited to, those provided herein shall clearly be of such scope, size and proposed intensity that they are sustainable only by the membership of the golfcourses and clubhouse. I. Clubhouse, pro-shop, snack bars, practice driving range, golf cart barns, restrooms/shelters, and other customary accessory uses 2. Small establishments, ~ncluding golfand tennis equipment sales, restaurants, cocktail lounges, and similar uses, intended to exclusively serve patrons ofthe golf course and other permitted recreational facilities. 3. Customarv accessory, uses or structures incidental to recreational areas and, or facilities, including structures constructed for purposes of maintenance, storage, recreation or shelter with appropriate screening and landscaping. 4. Telecommunications facilities, including, but not limited to digital, fiberoptic, microwave, satellite, UHF, %q.-W, FM, AM, short-wave, and other sending and receiving facilities and structures, subject to applicable permitting, and written approval by the developer or master homeowners' association. 4.3 DEVELOP,MENT REGULATIONS A. Overall site design shall be harmonious in terms of landscaping, enclosure of' structures, location of access street~and parking areas, and location and treatment of' buffer areas. g. Table I sets forth the additional specific development standards applicable to the Permitted Uses. C. Lighting facilities shall be arranged in a manner which will protect roadways and neighboring properties From direct glare, or other interference. D. A Site Development Plan in compliance with Division 3.3 ofthe Collier County Land Development Code shall be required, except for uses authorized by the golf course Early Work Agreement, as set forth in Section 2.5 F of this document E. Off-Street Parking and Loading: As required by the Collier County Land Development Code in effect at the time permits are requested. 4.4 BUFFER DEVELOPMENT REGULATIONS A. ButTer Types: 1. Land use buffers shall be casements, generally located along the project's perimeter, intended to protect residential land uses from possible impacts from adjacent off-site roadways and/or off-site land uses. Land use buffers may also be utilized within the project boundaries, at the discretion of the developer. Land use buffers may be landscape buffers and, or earthen ben'ns and, or fences,/walls. 2, Landscape buffer; existing native plant types ma5' be utilized and, or; 3. Earthen ben'ns and, or; 4. Fences/walls: I0 feet above the finished ground level of the fence or wall. B. Buffer Development Standards: In addition to the development standards set forth below, the provisions of Section 6.13 of this document shall also apply. I. Land use buffers, ben'ns, fences and walls may be constructed along the perimeter of the Cedar Hammock Golf and CountO, Club PUD boundary prior to Subdivision Platting and Site Development Plan submittal. A]l such areas must be included in a landscape or buffer easement on Final Plats, or in a separate recorded instrument. Landscape plans shall be submitted tO Development Services for approval prior to berm construction. 2. All other project property boundaries shall have land use buffer widths in compliance with Division 2.4 from Collier County's Land Development Code. 3. Except as provided For above, and in Section 6.13 of this document, buffer improvements shall be in conformance v,'ith Division 2.4 ~,-i Q~' , .. County's Land Development Code. 9Eg 1 5 1998 1/23/98 4, Types and numbers ofplantings for project perimeter land use buffers shall be submitted with Construction Plans and Plat application(s). Plans shall depict how the perimeter land use buffers will be irrigated. SECTION V PRESERVE AREA 5.1 PUR..____POS E The purpose of this Section is to set forth the development plan for areas designated as Tract "Preserve" Area on Exhibit "A", the PUD Master Development Plan. The primary function and purpose of this Tract is to preserve and protect vegetation and naturally functioning habitats, such as wetlands, in their natural state. 5.2 .USES PERMITTED No building or structure or part thereof, shall be erected, altered or used, or land used, in whole or in pan, for other than the following, subject to regional, State and Federal permits, when required: A. Principal Uses: 1. Preserve 2. Mitigation areas and mitigation maintenance activities. 3. Passive recreation, nature trails, picnic facilities, gazebos and other similar uses 4. Water management facilities. 5. Small docks, piers or other such facilities constructed for purposes oflake recreation, for residents of the project, subject to approval by permitting agencies. 6. Hiking trails, golfcart paths and/or boardwalks, riding trails and other such facilities constructed for the purpose of passage through or enjoyment of the site's natural attributes, subject to appropriate approval by permitting agencies. 7. Signs as permitted by the Collier Count),' Land Development Code in effect at the time permits are requested, except as modified herein.~ "' ~/ I. DEC 15 1998 !/~.3/9g SECTION VI DEVELOPMENT COMMITMENTS 6.1 .PURPOSE The purpose of'this Section is to set forlh the development commitments for the development of the project. 6.2 GENERAL All facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdivision Plans and all applicable State and local laws, codes, and regulations applicable to this PUD. Except where specifically noted or stated olherwise, the standards and specifications of the Land Development Code of'Division 3.2 shall apply to this project even if the land within the PUD is not to be platted. The developer, his successor and assigns shall be responsible for the commitments outlined in this document. 6.3 PUD MASTER DEVELOPMENT PLAN A. Exhibit "A", the PUD Master Development Plan illustrates the proposed development and is conceptual in nature. Proposed tract, lot or land use boundaries, or special land use boundaries shall not be construed to be final, and may be varied at anFtime at any subsequent approval phase including at the time of final platting or site development plan application. Subject to the provisions of Section 2.7..3.5 ofthe Land Development Code, amendments may be made from time to time. B. All necessar2,,, easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance ofall services and all common areas in the project. C. The Community Development and Environmental Serx, ices Administrator, or hl designee, shall be authorized to approve minor chances and refinementS'i"6 DEC 1 5 1998 11/23/98 Cedar Hammock Golf and Country. Club PUD Master Development Plan upon written request of the developer. I. The following limi~;llions shall apply to such requests' a. The minor change or refinement shall be consistent with the Collier County Growth Management ['lan and the Cedar Hammock Golf and Country Club PUD document. b. The minor change or refinement shall not constitute a substantial change pursuant to Subsection 2 7.3 5.1 ofthe Collier County Land Development Code. c. The minor change or refinement shall be compatible with adjacent land uses, and shall not create detrimental impacts to abutting rand uses, water management facilities, and Preserve Areas within, or external to the PUD boundaries. 2. The following shall be considered minor changes or refinements, subject to the limitations of Subsection 6.3.C. I ofthis document: a. Reconfiguration of Preserve Areas, jurisdictional wetland limits, and mitigation features as result of regulatory agency review and permitting. There shall be no overall decrease in Preserve Area. b. Reconfiguration oflakes, ponds, canals, or other water management facilities where such changes are consistent with the criteria ofthe South Florida Water Management District and Collier Count.','. c. Reconfiguration ofgolfcourse envelopes and design features. d. Internal realignment ofrights-of-way other than a relocation of o access points to the PUD ~ "° ~1 i { DEC 151998 11/23/9g e, Reconfiguration of residential parcels when there is no proposed encroachment into Preserve Areas. 3. Minor changes and refinements, as described above, shall be reviewed by appropriate County staffto ensure compliance with all applicable County Ordinances and regulations prior to the Administrator's consideration for approval. 4. Approval by the Administrator ora minor change or refinement may occur independently from and prior to any application for Subdivision or Site Development Plan approval, however, the Administrator, or his designee's approval shall not constitute an authorization for development or implementation of the minor change or refinement without first obtaining all applicable County permit, s and approvals. 6.4 SCHEDULE OF DEVELOPMENT/3,1ONITORING REPORT AND SUNSET PROVISION A. An annual PUD monitoring report shall be submitted pursuant to Article 2, DMsion 2.7., Section 2.7.3.6 of the Land Development Code B. This PUD is subject to the Sunset Provisions of Article 2, Division 2.7.. Section 2.7.3.4 of'the Land Development Code 6.5 _SUBSTITUTIONS TO SUBDIVISION REQUIREMENTg A. Substitutions for Certain SubdMsion Requirements The following subdivision requirements shall be substituted as follows: l. LDC Section 3.2.8.4.14: Sidewalks shall be constructed as shown on the road cross-sections attached as Exhibit "B". Sidewalks on single family lots ,,,,,ill be constructed at the time of'individual building construction. 2. LDC Section 3.2.8.3.19: Street name signs shall be approved by'~the~..~~ Development Services Director but need not meet the DEC 1 5 1998 l l/23/98 Past 22/~ US.D.O.T.F.H.W.A. Manual on Uniform TraMc Control Devices. Street pavement painting, street striping, and reflective edging requirements shall be waived. However, stop bars will be required 3. LDC Section 3.2.8.4.16.5: Street right-of-way widths shall be as depicted in Exhibit "B". 4. LDC Section 3,2.8.4, 16,6: The !,000 foot long cul-de-sac street maximum shall be revised to allow a maximum of 2,500 foot long cul-de-sac streets. 5. LDC Section 3.2,8.4.16,9: The requirement that curved streets have a minimum tangent of 75 feet at intersections shall be revised to allow 0 foot tangents. 6. LDC Section 3.2.8.16. lO: The requirement for tangents between street curves shall be waived 7. LDC Section 3.2.8.4.16.12.e: The requirement that grass be required for ali non-paved areas of the right-of-way shall be waived to also allow the installation of decorative planters and alternative ground cover. 8, LDC Section 3.2.8.4.16.12.d: The requirement for an asphaltic surface course shall be waived to also allow the use ora surface course of paver bricks or decorative concrete pavement. See Exhibit "C"/'or the cross- section. 9. LDC Section 3.2.8.4.16.6: The minimum required right-of-way radii at cul- de-sacs shall be 55'. 6.6 .TRANSPORTATION A. Purpose: The purpose of this Section is to set forth the traffic improvement reqt~irem¢~t~~/ t BEC 15 1998 1/'23/98 Page 23 . ~,/I which the project developer must undertake as an integral para of the project development. B. Improvement Requirements 1. The developer shall provide left and fight turn lanes on Davis [3oulevard ~ before an)' certificates of occupancy are issued. Construction ofthese lanes shall be in accordance with FDOT criteria. 2.The developer shall provide arterial level street lighting at the project entrance in conjunction with its construction of the entrance to the project. 3.Gatehouse facilities shall be designed and located so as not to cause vehicles to be backed-up onto any public roadway. 6.7 WATER MANAGEMENT A. The development will be designed according to South Florida Water Management criteria. ~ [3. Storm water runoffwill be routed to on-site lakes for water quality and quantity treatment. The project is designed as three separate basins v,'hich will discharge to on-site wetlands. Discharge is limited to the requirements of Collier County Ordinance ~90-10. 6.8 .UTILITIES A. Purpose: The purpose of this Section is to set forth the utilities requirements. B. Requirements; I. Water distribution and sewage collection and transmission facilities to serve the project are to be designed, constructed, conveyed, owned, and maintained in accordance with Collier County Ordinance No. 88-76, as amended, and other applicable County rules and re~lations, 2. All customers connecting to the water distribution and sewage collection facilities will be considered to be customers of the County, and will be billed bv the County in accordance with the County's established rates. 3. Temporary construction anWor sales trailers may use septic tanks or holding tanks for waste disposal, subject to permitting under F.A.C. Rulel 0D-6, and may use potable or irrigation wells. 4, Golfcoursc rest stations and maintenance buildings may be permitted to use septic tanks or holding tanks for waste disposal, subject to permitting under F.A C. Rulel0D-6, and may use potable or irrigation wells. 5. The on-site water distribution system serving the project must be connected to the Collier County Water-Sewer District's water main O available and adjacent to the project boundaries consistent with the main size and the requirements specified in the project's Utility Master Plan, and extended throughout the project. During the design of these facilities, dead-end mains shall be minimized by looping the internal pipeline network, where feasible The County recognizes that there are environmental constraints that may prevent looping. 6. The proiect's developer, his assigns, or successors ma3' negotiate an agreement with the Collier County Water-Sewer District for the use of treated emuent within the project for irrigation purposes for the golfcourse and/or common area. The developer, or a Community Development District established to ser,,'e the project, shall be responsible for providing all on-site piping and pumping facilities from the County's ~o,nt ofdelivery to the project, and shall negotiate with the County to provid full in' on-site storage facilities, as required by the Florida Department of Environmental Protection ("FDEP") consistent with the volume of treated wastewater to be utilized. 6.9 HISTORIC OR ARCtlAEOLOGIC ARTIFACTS Pursuant to Section 2.2.25.8.1 ofthe LDC, if, during the course ofsite clearing, excavation or other construction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. The Department will respond to any such notification in a timely and efficient manner so as to provide only minimal interruption to construction activities. 6.10 ENVIRONMENTA I, A. Purpose: The purpose ofthis Section is to set forth the em,'ironmental requirements for the project. B. Developer Requirements: I. The developer shall be subject to Division 3.9 ofthe LDC (or the tree/vegetation removal ordinance in existence at the time of permitting), requiring the acquisition ora tree removal permit prior to an5' land clearing. A site cleating plan shall be submitted to the Collier County Development Services Director ("Director") for his review and approval prior to any work on the site. This plan may be submitted in phases to coincide with the development schedule. The site clearing plan shall clearly depict how . the final site layout incorporates retained native vegetation to the maximum extent possible, and how roads, buildings, lakes, parking lots, and other facilities have been oriented to accommodate this goal. u~G,~-~ I Ir23/9 DEC 1 5 1998 Page 26 ....._Pa, ~ 2. Ail exotic plants, as defined in the Collier County Land Development O development areas and, open space areas Code, shall be remo',,'ed from during each phase ofconstruction Following site development, a continuing maintenance program shall be implemented to prevent reinvasion of the site by such exotic species. The maintenance plan, which describes control techniques shall be submitted to Current Planning Environmental Staff for review and approval prior to final site plan/construction plan approval '. 3. Alignment ofall golfcart paths ma.,,' accommodate native habitat. Widths ofpaths through wetlands will be kept to an absolute minimum. 4. Final alignment and configurations ofwater management structures (lakes, swales) may be subject to minor field adjustments to minimize habitat destruction. O 5. If, during the course of clearing or course activities, plant or animal species identified in the Florida Game and Fresh Water Fish Commission, July 1987 edition of"Official Lists of Endangered and Potentially Endangered Fauna and Flora in Florida" are identified, a survey for the presence and distribution of such protected species shall be conducted by qualified personnel subject to approval by the Development Services Director. warranted, project design shall be adjusted and/or individuals and/or populations of protected plants and/or animals relocated to preserve areas to insure the survival of the species. Retention/relocation efforts will include all species identified in the survey. 6. Native plant materials which must be removed from lake, golf'course, roadway and building construction sites shall be, to the extent ipract~ea~l.c,/,~.d ] I lr~/gg t BEC 1 $ 1998 t Page 27 transplanted to appropriate areas ofthe project. Examples of plant species appropriate for transplanting include sabal palms ($abal palmetto), wax royale (M,,.'rica certifera), dahoon holly (!lex cassine), blechnum ferns (.Blechnum sp~), myrsine (Myrsine quianensis), end red bay (Persea borbonia). The objective of this requirement is that native plant material which would othe~'ise be destroyed shall be transplanted whenever such action conforms to sound landscaping practice. The basic criteria for this practice is that the plant material be of good quality, that it have good transplantability, and that there be a need for it in other areas of the project. 7. ['or parking lots in multi-family areas, the developer shall investigate the use of paver bricks or other pervious or semi-pervious materials which can be used in lieu of traditional asphalt paving so as to reduce the amount of impervious surfaces, chemical runoff, maintenance, and potential installation expense. 8. Environmental permitting shall be in accordance with the state of Florida Environmental Resource Permit rules and be subject to review and approval by Current Planning Environmental Staff Removal of exotic vegetation shall not be counted toward mitigation for impacts to Collier County jurisdictional wetlands. 9. Buffers shall be provided around wetlands, extending at least fifteen (15) feet landward from the edge of wetland preserves in all places and averaging twenty-five (25) feet from the landward edge of wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the state of Florida Environmental Resource Permit Page 28 //..;"' ...... rules and be subject to review and approval by Current Planning Environmental StarT. 10. All conservation areas shall be recorded on the plat with protective covenants per or similar to section 70406 ofthe Florida statutes. Conservation areas shall be dedicated on the plat to the project's homeowners' association or like entity for ownership and maintenance responsibilities and to Collier County with no responsibility for maintenance. 11. Petitioner shall comply with the guidelines and recommendations ofthe U.S. Fish and Wildlife Service (USFWS) and Florida Game and Fresh Water Fish Commission (FGFWFC) regarding potential impacts to protected wildlife species. Where protected species are observed on site, a Habitat Management Plan for those protected species shall be submitted to Current Planning Environmental Stafffor review and approval prior to final site plan/construction plan approval. 12. In the event ora dispute concerning the application ofthe stipulations above, mutual agreement must be reached between the Director and personnel ofthe Cedar Hammock Goifand Country Club. If'mutual agreement cannot be reached, the matter will be brought before the EAB or whatever County environmental reviev,, board is in existence at the time of any dispute. This governing entity ',*,'ill act as an arbitrator for any disputes. If arbitration is futile, the matters will be brought before the Board of County Commissioners (BCC), with the BCC to act as the final arbitrator· 6.11 SIGNS Ali signs shall be in accordance with Division 2.5 of Collier County's Land D~ /elop~i~h~ / Code in effect at the time o£Site Development plan approval, with the followi g Pa~e 29 exceptions: A. Project Identification Signs shall be located in accordance with the Master Development Plan for Cedar }tammock Golf and Country Club, subject to the following requirements: 1. Such Project Identification Signs shall contain only the name of the development, the developer, the insignia, or motto of the development, and shall not contain promotional or sales material. 2. Two Project Identification Signs shall be located at each entrance to Cedar Hammock Golfand Country Club. 3. Project identification signs shall not exceed sixty (60) square feet each, excluding mounting surfaces or structures Where signage is affixed or an integral part ora wall or fence, the face of the sign ma5' protrude above the upper edge ofthe ,,,,'all or fence, but remain subject to height restrictions, except as modified herein. 4. No project identification signs shall exceed the height often (10) feet above the above the lowest centerline grade of the nearest public or private right- of- way easement to the uppermost portion of the sign. 5. Project identification signs may be lighted, provided all lights are shielded in a manner which prevents glare on adjacent roadways, or into adjacent residences. B. Project Corner Monuments shall be located in accordance with the Master Development Plan for Cedar Hammock Golfand Country Club, subject to the following requirements: I, Such signs shall contain only the project logo DEC 1 5 1998 I 1/23/98 Page 30 2. Project Corner Monuments shall not exceed sixteen (16) square Feet eachj excluding mounting surfaces or structures. Where signage is affixed or an integral part oFa wall or fence, the Face of'the sign may protrude above the upper edge oFthe wall or Fence, but remain subject to height restrictions, except as modified herein. 3. No project corner monument shall exceed the height often (10) feet above the lowest centerline grade of the nearest public or private right- of- way easement to the uppermost portion of the sign Project corner monuments may be lighted, provided all lights are shielded in a manner which prevents glare on adjacent roadways, or into adjacent residences. C. Project Promotion Signs - Two ground or wall signs may be located both at the project's frontage on Davis Boulevard and at the project's frontage on C.R. 951 for the purpose oFpromoting the development or any major use in the development, subject to the Following requirements: I. Any promotional signs shall not exceed 100 square feet, excluding mounting surfaces or structures 2. No promotional sign shall exceed a height of I0 feet above the lowest centerline grade oFthe nearest public or private right- of- way easement to the uppermost portion ofthe sign. 3. Promotional signs may be lighted, provided all lights are shielded in a manner which prevents direct glare on adjacent roadways, or into adjacent residences. 6.12 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted as a principal use throughout the Cedar Hammock Golf and Country Club PUD, except in Preserve Areas. The following standards shall apply: A. Berms shall have the following maximum side slopes: 1. Grassed berms 4:1 2. Landscaped berms 3:1 3. Rip-Rap berms 1:1 4. Structural walled berms may be vertical 5. Required buffer planting area 4:1 B. Height of Landscape Berms and Depth of Swales: A 4:1 slope shall be required for berms an swales, except in the following conditions: I. The maximum height ora berm is four(4) feet, as measured from existing grade, ifa 3:1 slope is utilized and the berm is landscaped. The maximum depth ora swale may be four feet, as measured from existing grade, ifa 3:1 landscaped slope is utilized. 2. A 3:1 slope is also permitted if the height of a slope is two (2) fee in height or less or ifthe open channel is two (2) feet in height or less. C. Fence or wall maximum height: The maximum height for all walls and fences around the perimeter &the development shall be ten (10) feet above the finished ground level of the walls :,nd fences. Walls and fences within the development shall conform with LDC requirements. 1998 D. Pedestrian sidewalks, golfcart paths, bike paths, water management facilities and structures may be incorporated into the required landscape buffer areas, consistent with Section 2 4.7.3.4 ofthe LDC.. E. Within the project, landscaping (including palm trees, shrubs and ground cover), sidewalks/paths will be allowed within a utility easement. Shrubs and ground cover and paths are allowed within a utility easement. Palms may be allowed within three(3) feet ora utility line. Canopy trees may be located seven (7) feet from the utility line, said seven (7) feet being measured from the trunk ofthe tree to the center of the utility line. Reconstruction of sidewalk/paths, or modification/reinstallation of plant materials due to necessary maintenance of utility lines will be the responsibility of the developer, its successors, or assigns. 6.13 LANDSCAPING FOR OFF-STREET PARKING AREAS All landscaping for off-street parking areas shall be in accordance with Division 2.4 ofthe Collier County Land Development Code in effect at the time of building permit application. 6.14 POLLING PLACES Pursuant to Section 2.6.30 of the Land Development Code. provision shall be made for the future use of building space within common areas for the purposes of accommodating the function of an electoral polling place. An Agreement between the developer and the Supervisor of Elections for the provision of polling places shall be recorded in the official records of the Clerk of the Circuit Court of Collier County, which shall be binding upon any and al/successors in interest that acquire ownership of such common areas including homeowners' associations. I gEC i51998 DEC 1 5 1998 EXECUTIVE SUMMARY PETITION VAC 98-023 TO VACATE A PORTION OF A WATERWAY ADJACENT TO LOTS 12, 13, 17, 18 AND 19, ACCORDING TO THE PLAT OF "PALM RIVER SHORES", AS RECORDED IN PLAT BOOK 3, PAGE 27, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED IN SECTION 22, *TOWNSHIP 48 SOUTH, RANGE 25 EAST. OBJECTIVE: To adopt a Resolution to vacate a portion of the above-described Waterway. CONSIDERATIONS: Petition VAC 98-023 has been received by Planning Services from Jeff Davidson, P.E., as agent for the petitioner, Guest Services Inc., requesting the vacation ora portion of'the above-described Waterway to accommodate the construction ora parking lot for the proposed hotel. Letters ofno objection have been received from all pertinent agencies. Zoning is RT. FISCAL IMPACT: Collier Count), has collected a $1,000 "Petition to Vacate" fee from the petitioner, which will be deposited in Road and Bridge Fund (101-163610). This fee covers advertising, recording and other processing costs. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners: I. Adopt the Resolution for Petition VAC 98-023 for the vacation of a portion of the above- described Waterway; and 2. Authorize the execution of the Resolution by it's Chairman and direct the Clerk to the Board to record a ce/-/ified cop), of'the Resolution in the Public Records: and 3. Request the Clerk to lhe Board to make appropriate marginal notes on the recorded plat. PREPARED BY:_ /~,,.-~.-f_;,~_,,,~.,.~ DATE: //./~ .9~ ~ck G~, P.S.M. Planing Se~'i~s ~o~ E. Kuck, P.E. Enginecdng Review M~cr REVIEWED BY: ~ob~ ~ulh~re, AICP ~~Sc~s Ocpa~c~or in~nt A. Cautero, AI~, ~i~mtor AGENDA~M_ Community Dcvclopmcnt DEC 1 5 1998 ~at ~i~: ~t 1-19 Bl~k _ ..Ca~l.Sll_~ !s ~as d~ iot~ ~Sk 0,,~ P~m RLv~ _ Au.~ust 27, 1998 3ignot~e o~ '. r Gerard T. Gabrys Presiden~/CO0 ~lnt ~ (~ltlo) the liar of s~ppo~iv~ ~terLal~ ~ must a~o~ny ~na~ ~ciariel. I'~ a~&~ ~ a c~rmtion ~her ~n & ~blic ~rmticn, indi~te thru ~ of offi~s ~l~rm. paga 4 or & ^O E ~R*/,T-Bkv . No .~ DEC 1 5 1998 BOARD OF COLUER COUNTY RECEIVED FROM Gues~ ADDRESS 3055 Prosveritv Ave. Cl~~ DATE 9-9 19 98 CHECKNO. ~86950 DESCRIPTION Pe~i~ioa VAC INVOICE NO. FUND COST CENTER AGEND&IT~M 1998 23g0 Victoria Pkw)., 183 Cocohatchee St Hudson. OH 44236 Naples, FL 34110 Palm River Shores Lot 52 Palm River Shores Lot sg Collier De,~elopmen! Corp. M~'k A. Dobbratz 3003 T~'niami Trail N. 193 Cocohatchee SI Naples. FI. 34103 Naples, FL 34110 S22,T48S,R25E,PARCEL I Palm River Shores Lot 60 Steve & Andrun Ellis 1775 Golden Gate Bird Francis and Brenda Hamilton Naples. FL 34120 187 Cocohatchee St. Palm River Shores Lot 27 Naples. FL 34110 Palm River Shores Lot 59 Connie Jean Igram 157 Cocohatchee St Steven B. I,,,erson Naples. FL 341 I 0 24 River Ct. Palm Rb,'er Shores Lot 54 Naples. FL 34110 Palm River Shores Lot 28 Berry. and Janet Kerr James A. Keyser 8224 War Horse Ct. 12300 Tamiami Tr N Orangevale. CA 95662 Naples. FL 34110 S2 l,T48S.R25E. PARCEL 2 S22.T48S,R25E. PARCEL 2 Terri Lynn King 1765 Harbor Ln AKB LTD Naples. FL 34104 2247 Imperial Golf Course Bird Palm River Shores Lot 20 Naples, FL 341 l0 Palm River Shores Lm 32-36 James and Brenda Mertz Rice V. and Sue A. Morris 117 Cocohatchee St 171 Cocohatchee St Naples. FL 341 l0 Naples. FL 341 I0 Palm River Shores Lot 49 Palm River Shores Lot 56 NO. ~ DEC: 1 5 1998 Bruce and Ranae Paffendorf Barbara Paris 165,al~at~ee St 452 Seabee Ave NaiL 341 l0 Naples, FL 34108 Pal/l~l~er Shores Lo~ 55 Palm River Shores Lot 51 x,/~' c71',.~ -~-' -~ Sherry L. Rex 692 102nd Ave. N, Richard A. Scna Naples, FL 34108 47 River Ct. Palm River Shores Lot 23 Naples. Fl, 341 I0 Palm River Shores Lol 21 Ed & Marger>, Strecker 54 River Ct. Richard L. Hoffer, Naples, FL 34110 Christine Sue Palm River Shores l,ot 26 88 River Ct. Naples. FL 34110 Palm River Shores Lot 24 Anthony & Tam Iran 7200 Bollinger Rd.. Apt. 201 San Jose. CA 95129-2703 Palm River Shores kot 25 Marilynn Wittenberg. TR Ernest C. Vann. 2791 Ardisia Ln Rebecca Wallace Naples, FL 34109 227 Cypress Wa,,,' Palm River Shores Lot 29 Naples. FL 341 l 0 Palm River Shores Lot 22 Gar), D. Winenberg. TR Anna White Grinen, 'IR 2791 Ardisia Ln Ralph Gr'inen, TR Naples. FL 34109 792 Il0~ Ay. N. Palm River Shores Lot 39 Naples, FI 34108 Palm river Shores Lot 57 No ~ OEO 1 5 1S 8 ?UI~LIC WOR~S DD,I$IO~ 3~01 E, ?^MI^MI ?KAl September 21. 1998 (941) 732-2575 F~: (941) 732-2526 ~, lcffDa~d~ P,E. David~n En~fing ~c. 2009 Trade Center Way Napes, Florida 34109 RE: Doubletree of Naples Canal Fill Area Plat Vacation Dear Mr. Davidson, The Stormwater Management Department h~ no objection to lhe proposed filling in of the c2.nal area as shown on the attached site plan and plat. This proposed tilling will have no detramental effect to the County's secondary drainage system. Feel free to call me at (941) 732-2501 fi.you have any further questions or concerns. Sincerely, John H. BoMt, P.E., P.S.M. Stormwater NLarmgemem Director Torn Kuck, P.E., Engineering Review Services Manager Start Chrzanowski, P.E., Senior Engineer DEC 1 5 1998 COLLIER COLSTY GOVEi:LNS, IENT 4v CO},fML'N~T¥ DEVELOPMENT AND 2500 NORTH HORSESHOE DRIVE E,NWIRONMENT^L SERVICES DIVISION NAPLES, FL 34104 Mr. Jeff $avidson, P.E. Da?id=on Engineering, inc. Naplez,~ ~L - ~4109 Canal F;ii Area P!az Vaca-i:m 2ear Jeff: in r:£arance ~= your request fcra ~.z.er of no obgec=ion =o the proDosed filling cf & pOrtlOn sf the aead end canal near the above referenced project: We ?.ave reviewed the Pre'eat, - ~oc~mant$ and ~ave no oLDe=Lion to :he fil~Ing of %he canal. The dedica~icn note on the pla= of Palm River Shores (PB 3-? 27) states "...Waterways are dedicated :o public use and waterfront Doundaries of lots are ilnes beyond which no structura cr fall may be placed." ~ur "No ObJec=ion" is base~ cn engineering reasons and =he unde~irabi!ity of zaad eno canals. cc: HeiOi Aahron, A~si~tan~ County Attorney Jonn Boldt, Water Management Buildin~ Review & Perm~ttin~ (941) 403-2400 Natural Resources ~a~ ,~ .~ --- Code Er~orcement (941) 403-2440 Pl~n:n~ Se~ces N~A~~ Houain~ & Urb~ Improvement (941) 403.2330 Poilu:ion C~n~l (9~ 0iC 1 5 1998 O NO. 98- RESOLUTION 3 Ri-~SOLI.,rFION FOR PETITION VAC 984)23 TO VACATE A PORTION OF A ~WAI'[~RWAY 4 AD.IACENT TO I.OTS t2, 13, 17. 18 AND 19. ACCORDING TO THE PLAT OF "PALM RIVER 5 .qtlORES", AS RECORDED IN PLAT BOOK 3. PAGE 27, PUBI.IC RECORDS OF COLLIER 6 C¢~1 ~.~,rTY FLORIDA. LOCA'IED IN SECTION "" - · ,., T()WNSHIP 48 SOUTH, RANGE 25 EAST. 7 8 9 '9:IIER~EAS. pursuant to .",cction 177. lOl, Florida Statutes. Jeff Davidson. P.E., as agent for the petitioner. Guest l 0 Ser','iccs Inc.., docs hereby request the vacation of a portion of a Watenvay adjacent to Lots 12. 13, 17. 18 and 19, according 1 I m thcp~a~' ' of-Palm R/xcr Shorc~". as recorded m Plat txx'~k .l, Page 27. Public Records of Collier Counv,.'. Florida. located in 12 Scct~,r~ 22. 'rm~sh~p 48 s,,u01. Ran[ze 2.5 East. and I 13 ] 4 '¢,~tlTiRf~A.c,. thc Board ha.~ this da~ held a public hcarm~ lo consider vacating said portion off Watem'a>. as more 15 full',' described bcim~, and notice ofsald public hcanng to vacate x~as gp.'cn as required by law: and 16 '0,'1 f[iRIiA,";, thc gr;,ntmg of the vacation ~,11 not adxcrscl: alt'col thc m~nershlp or ngh! of convenient access of other 17 pro,n:, m~ners ]8 NOW. TI F£REFORE. BE IT RESOLVED BY 'DIE BOARD OF COU%'IY COMMISSIONERS OF COLLIER O COUKI"~'. I"[.( >RID,.'~. that the follo~¥~ng be and ;s hereby vacated: 20 See Exhibit "A" attached hereto and incorporated herein. 21 B[~ I'[ FUR'I'}[ER RI-~SOt. VED. that the Clerk to the Board is hereby directed to record a certified colT,.' of this 22 Resolumm m the Public Records of Collier Counv,.. Florida. and to make proper notation of th~s vacation on the recorded plat ' .:..* as referenced ;~h~x'e 24 'I'h~s Resolution adopled al'ter mollon, second and majority vote favonng same. 25 DATEI) 26 A'I-['F..5'I". BOARD OF C¢)IJNTY COMMISSIONERS 27 DWIGIIT E. BRC>CI<. Clerk COLl.[ER COI.rNTY, FI.ORIDA 28 29 BY: 30 BARBARA B BERRY, Chairman 31 32 Approved as to form and legal 33 sufficiency: ],.', ./'{ii 34 ~ ~ ~ 37 Assistant Count>' Attomcv [ EC 1 5 1 98 MITCHELL B. THOMPSON, P. A. LAND SURVEYORS. PLANNERS, ENVIRONMENTAL CONSULTANTS Fax (9,41) :3~.,~0'7~ ~55 1st St. N.W tlAPLES. FLORIDA. 3,4120 Legal Description Description of part of waterway as shown on the Pht of Palm River Shores, Plat Book 3, page 27, Coniet County, Florida ~t~ -^" ~ lof2 VAC 98-023 All that part of waterway as shown on the Plat of Palm River Shores, Plat Book 3. page 27, Collier County, Florida, being more particularly described as follows; Beginning at the Northeast comer of Lot 19, as shown on the above mentioned Plat; Thence along the North llne of lots 19 and 18 South 88°-59'. 30" West I I0.00 Feet; Thence North 01°-00'-30" West 40.00 Feet along the East line of Lots 18 and 17; Thence North 86°.03'-30'' East 110.14 Feet along the South Line of Lots 13 and 12; Thence lea,ring said South line and across said waterway South 01°-00'-30'' East 45.64 Feet to the POINT OF BEGINNING ofthe parcel herein described; containing 4710. square feet more or less; Subject to easements and restrictions of record; bearings are assumed and based on the Northerly line of Lot 19 as being South 88°-59'-30' West. MITCHELL B. THOMIXdON , P.L.S. # 4957 AGE NO, A ITEM Not valid unless embossed with the Professional's seal. "° ~ DEC 1 5 199__.] 13 g '~g ~N~1 E~I~ Sh~ 2 of 2 VAC 9g.023 EDG ., c _ wate ay- S.8~'59'30'V, IlO,OB' PG~T OF N.~RTHEASI CGRNER L~T 19 PALH RIV~ ESTATES ~ I PLAT ~OOK 3, PA~ 2~ i8 19 N,$B°5?'30'E. 210.00' SURVEYOR'S NOTES Be~tnq~ (re Domed on the RIg~t-of-llk~y I~e ~ U.~ 41 ~ ~q ~e ~ ~u~ ~ ~ - ~ C ~ ~ F ~ ~ N~ ~ Not MoQ~. D.~ ~. ~ ~t ~/8' I~ Ph ~ ~ ~ ~T. ~. 24' ~ - ~t~ B~ (Inlet). ~H. -- ~ ~ * NOT A S~~ * ~E~ a~: a,a.T. ]~02I~ CON~T~ as rec~d~ In Pl~t Bo~ 3, 08/26/98 I~ l~, ~ N.~. EXECUTIVE SUMMARY PETITION NO. PUD 98-13, R. BRUCL: ANDERSON OF YOUNG, VAN ASSENDERP & VARNADOE, P.A,. REPRESENTING COl .I.IER DEVF.[.OPMENT CORPORATION, REQUESTING A REZONE FROM "A" RURAL AGRICULTURE TO "PUD" AND "PUD TO PUD" PLANNED U~'IT DEVELOPMENT TO BE KNOWN AS COLLIER TRACT 21, FORMERLY BEACHWAY PUD, FOR A GOLF COURSE AND ACCESSORY AND INCIDENTAL FACILITIES INCLUDING A CLUBHOUSE, 50,000 SQUARE FEET OF C-3 COMMERCIAl. USES AND/OR A HOTEL ON PROPERTY LOCATED BETWEEN U,S. 41 ON THE EAST AND VANDERBILT DRIVE ON THE WEST, LYING NORTH OF 111TM AVENUE AND SOUTH OF THE COCOHATCHEE RIVER, IN SECTION 21, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 267,44_+ ACRES. OB,IECTIVE: This petition seeks to repeal a certain PUD development order (i.e. Bcachway (265+ acres) in favor'of a ne',,,' PUD and in thc process rezone an additional 5.58 acres from Rural Agricultural to ) "PUD" Planned Unit Development. CONSIDERATIONS: The property has frontage on three arterial/state highways, and include the N. Tamiami Trail (U.S. 41N), 111'h Avenue North (h'nmokalee Road) and Vanderbilt Drive. Additionally the property has frontage along Walkcrbih Road a local street. The original Beachway PUD (Ordinance No. 94-45~ was approved as a residential development consisting of not more than 800 dwelling units. Thc proposed PUD is singularly for a golf course and related golf course facilities (i.e. clubhouse, maintenance and incidental recreation amenities), and several acres of proposed commercial development along the North Tamiami Trail (U.S. 4IN) lying immediately north of thc Walmart development and containing an area of 3.4 acres. A maximum development intensity of' 50,000 square feet of gross leasable floor area is proposed, however to the extent a hotel is constructed said floor area shall be reduced by 225 square feet for ex'cO, hotel unit. Authorized uses will include all the C-3 uses plus thc hotel. Analysis for consistency with applicable elements of the GMP advise that this petition if approved as submitted will be consistent with those applicable elements including Land Use, traffic, Open Space and Habitat Conservation and Infrastructure. The subject petition has been reviewed by the appropriate staff responsible for oversight related to the above referenced areas of critical concern. This primarily includes a review by the Community Development Enx'ironn~ental and Engineering staff, and the Transportation Semices Department staff. Development commitments sections ofthe PIJD. Staff recommendations included the recommended approval subject to certain stipulations which are included in the PUD document. DEC 1,5' 1998 All rezoning actions require a findings on tile part of thc Collier County Ptanninu commission ICCP(') based on tile provisions of Section 2.7.2.5. A preponderance of thc re/one finding support an action to district. Thc rezone findings are formatted to give both reasons for or mzainst a decision to rezone thc property. Said findings are included in this Executive Surnrnarv submission together with tile staff report which is approved by the CCPC. Thc ('CPC heard this petition November 5. 1998 and they unanimously recommended approval of the petition. While several people spoke t~ thc (',mmi.ssi(m n,~ ,nc c.xpr~sscd any level of opposition to its approval and their representations had to rte with clarifvin~ issues of drainage and adjacent lantl relationships. ' ' FISCAl. IMPACT: This anlcndnmnt by and of itself will have no liscal impact on thc County. However. if this amendment achieves /ts objective, tile land will be developed. The mere fact that new development has been approved will result in a future fiscal impact on ('ounty public ~acilitics. The County collects impact fees prior to thc issuance of building pennits to help off-set thc impact of gach new development on public facilities. 'These impact fees arc used to fund projects in the Capital Improvement Element needed to maintain adopted levels of sen'icc for public facilities. In the event that impact fcc collections arc inadequate to maintain adopted levels of scm'icc, the County must provide supplemental funds from other revenue sources in order to build needed facilities. GROWT}! MANAGEMENT IMPACT: ?ctitions dccmcd to be cons/stent with all provisions of thc Growth Management Plan can not have an impact on tile ('oilier County Growth ,Management Plan. This petition was reviewed for consistency and was found lo bc consistent with all provisions of thc Growth Management Plan. Development permitted by thc approval of this petition will be subject to a concurrcncv rc:'icxv under tile provisions of Division 3. I of thc 3.15 ofthe C'ollicr County Land Development Cod~'. IIISTORIC/ARCItAEOI,OGICAI, IMPACT: Staff's analysis indicates that the petitioner's propcm' is located outside an area of Historical and Archaeological Probability as referenced on tile officia/Collier County Probability Map. Therefore. no H istoricah'Archaeological Sum'cy and Assessment is required. PI,ANNING CO.~IMISSION RECOMMENDATION: That the Board of County Commissioners approve Petition PUD-9S-13. Collier Section 21 as described by tile Ordinance of Adoption and Exhibits thereto (i.e. PUD Document and Master Plan). 2 DEC I -( 1998 REVIEWED BY: '/ROBERT J. MUI.ItERE, AICP DATE PLANNING SERVICES DEPARTMENT DIRECTOR APPROVED BY: t .'*""-" VINCENT A. CAL'TERO, AICP, ADMINISTRATOR DATE COMMUNITY DEV. AND ENVIRONMENTAl, SVCS. PUD-9$-13 EX SUMMARY, md DEC I(" 191~J~ 3 AGENDA ITEM 7~I D RANI) U.X I TO: CO, d':,%.,; CO.XI.x ss ox FRO.M: CO3 '8: ENVIRONM'ENTAL SERVICES DATE: OCT ..... ,. ~ -/v~; RE: PETITION NO: PUD-gg-13. COLLIER SECTION 21 OWNER/AGENT: Agent: R. Bruce Anderson Young. vanAssenderp & Varnadoe. P.A. 801 Laurel Oak Drive. Suite 300 Naples. Florida .34108 Owner: Collier Development corporation .3003 North Tamiami Trail..Suite 400 Naples. Florida 3410.3 REC) UESTED ACTION: This petition seeks to repeal a certain PUD development order {i.e. Beach',vav (265- acres) in favor of a ne,.,.' PUl) and in the process rezone an additional 5.58 acres from Rural Aericultural to "PUD" Planned Unit Development. .. GEOGRAPHIC LOCATION: The properLv has frontage on three arterial/state hi~hwavs, and include thc N. Tamiami Trail (U.S. 41 N). 111'~' Avenue North (lmmoknlee Road} and \"ande~bilt Drive. Additionally the property has frontage along Walkerbih Road a local street. (See location map following page) PURPOSE/DESCRIPTION OF PROJECT: The original Bcachwav PUD {'Ordinance No. 94-451 ,.,.'as approved as a resider 'al development consisting of not more than 800 dwelling units. The proposed PUD is singularly for a volfcourse and golf course facilities (i.e. clubhouse, maintenance and incidental recreation ~'~en!~i,,.,~ _ - · acres of proposed commercial development alolng the North Tamiami Trail (U/S. 41 I___ pq. [ immediately north of thc Walmart development and containing an area of 3.4 acres. ..\ maximum de..ctopment intensity ot' .',0.000 square feet oi' gross lcasable floor area is proposed, ho..vever to the extent a hotel is constructed said floor area shall be reduced bv 225 feet tbr hotel unit. square ever).' Authorized uses v. ill include all thc C-3 uses plus the hotel. SURROi'NDING LAND USE AND ZONIN(';: Existing: Thc propcrty is undcvclopcd cxcept for a stormwater management lake that sen'es the Walman Center. The property is extensi:'elv vegetated and contains an extensive wetland system, which is reflected on the PUD Master Plan. The land is currently zoned PIJD with thc rural agricultural tract lying north of Walkerbilt Road. The property has an irregular boundaD'. Essentially the following relationships exist. ': Surrounding: North- To the north of thc property lies adj'[cent Walkerbilt Road and the Cocohatchee River system. On thc north side of Walkerbilt Road. property not included in the PUD is both commercially de..'eloped (i.e. east of PUD portion Bay House Restaurant). and developed with two Mobile ttome Parks ('...'est of the PUD portion). East Properties generally lying east of the property includes the Walmart Site. office building (under construction), former Kaki's Restaurant and Lounge. Bay tiouse Restaurant and Mgbile Home Parks. South- Properties adjacent the south side of the PUD include the Walmart Site. Naples Park residential area along l I I~' Avenue North. Naples Park Elemcntar..' School. Saint John The Evangelist Church and Vanderbih Villas. West - To the west of Vanderbilt Drive opposite the western limit of the PUD lies undeveloped land. now zoned PUD as The dunes PUD a proposed multiple family development and the cemetery.. (;ROWTIt .MANA(/I']MENT PI,AN ¢'ONSISI'EN('Y: l_and l'se -- The propert?' is located x,.ithin the t;rban Residential designated area on the I:l.Ul! t[~ ¢,3.X1~'. The urban residential dcsignat~:d area authorizes the development of the entire range of housing structure t.'.pes as ,.'.'ell as uses v, hich function to suppt~rt a residential environment, such as public and quasi public uses. (,iolfcourses and their related amenities are also authorized land uses in the urban residentially designated area. Therefore. the proposed golf course and its accessop:;' and supportive functions l i.e. clubNmse, pro shop. maintenance facilities and recreational amenities) are consistent with the FLUE to the (iMP. Regarding the commercial component of this fqlD it is apparent that the property lies outside of the north boundar,,, of the activity center located nt the N.\V. quadrant of Noah Tamiami Trail (U.S. 41 N.) and 111:"' Avenue Noah. Ito,.vever. a portion of the land lying west of the ',.Valmart Site and lying with the subject property lies v.'ithin the original activity center boundao' as defined by establishing a square with equal sides measuring 1.320 linear feet along II I'" Avenue Noah and k~orth Tamiarni 'Frail. 'l"he petitioner proposes shifting a portion of the remaining acreage fi.e. 3.4 acres) in the activity center that qualifies lbr commercial development from the wesl of the \\'almart Site to the north side of the \Valmart Site along the petitioners frontage on the Noah Tamiami TFrail. This type of spatial adjustment or enlargement of the boundaries of an activity center is authorized under the 75% rule fLU-1-30 FLUEI and is therefore consisteot with the FLUE. Start is of the opinion that ~vhat is more important is the fact that commercial development has not maximized the full development potential of the original activity center even with the adjustment given the substantial reduction in otherv.'ise allowed density and intensity of use. ,.\s the owner couh have otherxvise achieved had it not been for the way it reciuested prior ~.nd current approvals of under their ownership. The restructuring of the activity center boundao' that would result from this shift from the !IIm .,',,venue frontage to Noah 'ramiami Trail frontage, given its higher level of highv,'ay importance makes more sense from a land use point of view. 111" :\venue Noah poses a much more constrained opportunity l'or responding to traffic impacts. StalT is of the opinion that a determination of consistency in this case is o.ne that is less clearly defined bv the FLUE. rind is subject to interpretation. In our opinion it is consistent if the [3CC savs it is. Traffic Circulation Element - The ITE Trip Generation Manual indicates that the existing Beachway PUD ,,,.'ill generate approximately 6.384 trips per weekdav. However. the proposed petition ,.viii generate approximately 2.897 average weekday trips at build-out. This amount may be reduced once trip adjustments are made. This represents a 55 percent reduction in the site uenerated trips. Based on this data. the site generated traffic will not exceed the sianificance test standard (5 percent of the LOS "C" design volume~ on US-41 after trip adjustments an~ assignments are made. In addition, this petition ',','ill not lower the level of service below the LOS "D" standard within the project's radius of development influence eRDI i. Therefore. the project is consistent v,'ith Policy 5.1 & 5.2 ofthe Traffic Circulation Element ITCE). 3 t}EC 1998 Conservation and (.)pen .Space -Jurisdictional v.'¢tlands ha`.e been preserved and ,.'.ill be set aside in perpetuity at a .subsequent approval phase. Jurisdictional wetlands account for required native vegetation preservation. Stipulations governing conservation and protected areas arc covered by provisions in the PUD document. The open space preservation requirement of sixty {6¢)1 percent v,'iil be exceeded given the fact that this petition is for a golf course which itselfqualifies as open space. Water. Sewer and Storm Water Manmzement - The subject property is sen'ed b)' the County's sewer and water system. The project will be designed according to I..DC requirements for storm water management. During the site development plan appro,.'al process an.,.' approved plan ,,,,'ill be requ)red to be consistent vdth all relevant provisions of the LDC. ' In the opinion of staff approval of this petition is consistent with all applicable elements of the Growth Management Plan. tlISTORIC/ARCItAEOLOf;ICAL IMPACT: Stafl's analysis indicates that the petitioner's property is located v,'ithin an area of historical and archaeological probability or kno`.vn archaeological site as designated on the official Collier County Probability Map. Staff has reviewed the historic and archaeological survey and assessment conducted by Southeastern Archaeological Research. Inc. and finds that no archaeological sites or historic structures were during su~'cv. discovcrcd the The PUD document provides that in the event of accidental discoveu' all work shall cease anc~ the Collier Count'.' Code Enforcement Department shall be contacted EVALUATION FOR ENVIRONMENTAL, TRANSPORTATION AND INFRASTRUCTURE: The subject petition has been revie,.ved by the appropriate staff responsible for oversight related to the above referenced areas of critical concc:n. This primarily includes a review by the Community Development Environmental and Engineering staff, and the Transportation Sen'ices Department staff. Staff recommendations are included in thc Development commitments sections of the PUD. ANALYSIS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based. This evaluation is intended to provide an objective comprehensive oven'iev.' of the impact of the proposed land use change, be the.,.' positive or negative. culminating in a staff recommendation based on that comprehensive overview. The listed criteria are specifically noted in Section 2.7.2.5 and 2.7.3.2.5 of the Land Development Code thus requiring staff evaluation and comment, and shall be used as the basis for n recommendation of approval or denial by the Planning Commission to the Board of Count)' Commissioners. Each of the potential i~T~,.~,. or considerations identified during the staff review are listed under each of the criteria iotedY~md a 1,~{~ 4 po ? categorized as either pro or con. whichever the case ma.'.' be. Staff review of each of the criterion is followed by a summar?' conclusion culminating in a detcn'nination of compliance, non-compliance, or compliance with mitiuation. These evaluations are comple:ed as separate documents and are attached to thc staff report. Appropriate e,.'aiuation of petitions for rczoning shouM establish a factual basis tbr supportive action ~'.'.' 2?poimed and elected decision makers. The e,.'aluation by professional staff' should typically include an analysis of thc pctidon'~ relationship to thc community's future usc plan. and v,'hcther or not a rezoning action would be consistent with the Collier Count.,,' Growth Management Plan and all of its related elements. Other evaluation considerations should include an assessment of adequacy of transportation, infrastructure ~'i.c.. sewer, water, storm drainage and private utilities) and other infrastructure li.e. community facilities and services) and compatibility with adjacent land uses, a consideration usually dealt with as a facet of analyzing thc relationship of the rezoning action to the long range plan for future land uses. Relationship .to Future and Existint~ l.and Uses - A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use planning, refers to the relationship of the proposed zoning action to the Future Land Use Element of the Collier Count.',' Growth Management Plan. Clearly the golf course component of this petition is consistent with permitted uses authorized to occur within the urban residential designated area. A portion of the subject land is located withi.n an activity center, and therefore as such qualifies ~br commercial land uses. however, this petition proposes to adjust the boundaries of the activity center through provisions of the FLUE that allow expansion ofactivitv center boundaries. In the opinion of staff commercial development on the North Tamiami Trail (U.S. 41N) is preferable to commercial development on II 1'" Avenue North. The potential to widen II 1'" Avenue North beyond four 14~ lanes is not possible without incurring substantial costs. On the other hand the six (6) laning of the North Tamiami Trail (U.S. 41 N.) is a committed improvement project (i.e..','ear 2000). Additionally it is staff's opinion that the limited area lying north of the V,,'alman Site in this PUD that is not intended for use as part of the golf course system has little value for housing. The impact of the highway and surrounding commercial development makes this limited area of land undesirable for residential uses. \Vith respect to the issue of compatibility, it is staWs opinion that thc use of land as a gol f course, and the commercial frontage on the North Tamiami Trail are clearly compatible with adjacent land uses. However. the tract of land (i.e. 5 acres more or lessl lying north of Walkerbih Road lies between a restaurant (Bay House) and mobile home development. Should this property be used as a golf maintenance facility it ma.,,' have a negative visual impact on adjacent properties unless extensively screened from these properties. To achieve that event a solid ',vail should be constructed within ten (10) feet of the east and '.,,'est property lines with the outer ten (10) feet landscaped with mature canopy irees to vist 5 [}E I 1998 from elevated floor levels on adjacent property. The frontage along Walkcrbih Road should be vegetated to achiexc a I 0(I percent opacity screen except for required driveways. Commercial dc,`'elopment along the North 'Iamiami Trail It'.S. 41 N.t presents no compatibility issues. Traffic - :\nalysis for cons,steno,- ,,~ith 'ICl: policies advised that this project will not have a significant impact as measured h;' 'I'CE politic', and. i~. therefore, technically consistent with the GMP. Clearly the traffic analysis indicates that the 5% of I.OS "C" standard, nor Radius of Development impact standard on LOS is adversely affected. The trips generated by the proposed PUD are approximately 55% less than allowed bv the current PUD ~Beachwayl. All traffic entering and exiting the Section 21 PUD will be limited to driveways located on the North Tamiami 'Frail (U'.S. 41 N.). except for access to the Walkerbilt Drive site. and golf course maintenance drives off of. 11 Avenue North and Vanderbilt Drive. Interconncctivil,v to adjacent land has no practical value, inasmuch as this is singularly a golf course where adjacent relationships have no importance for facilitating access to commercial activities. The one exception is the relationship of the commercial tract to the Walmart Site. No provision was made for the Walmart Site to pro,`'ide an access easement to its north property line. Without such an access easement it is impossible to bring about an interconnection with the proposed commercial tract. Nevertheless. an interconnection of some type even if limited to pedestrians ,,rill be beneficial particularly in the event a hotel locates on this property. Utility Infrastructure (i.e. Sewer, Water, Storm Water - Development occurring at this property will be connected to the County's sewer and water di,qribution system, evidence which further attests to the timeliness of development of property. All development must comply with surface water · management requirements invoked at the time of subdividing or approval of SDP's whichever first OCCURS. Community Services Support Facilities - Fire. police and other emergency sen'ices can be readily provided from the appropriate provider jurisdiction. The North Naples Fire District has submitted an application for Site Development Plan approval for a site recently rezoned to accommodate at fire station east of Goodlette-Frank Road. Another North Naples Fire District fire station is located on Vanderbilt Drive at 9'~' Street approximately tv.'o (2) miles north of the subject properLv. Master Plan and PUD Development Standards: Master Plan - On all exposures except the North Tamiami Trail (U.S. 41 N.) frontage projects a golf course viev.'. The clubhouse site is not within view of adjacent property. Access to the Clubhouse and related activities area is from the North Tamiami Trail (U.S. 41 N.I. Other access points are limited to golf course maintenance purposes. PUD Regulations/Development Standards - The PUD regulations primarily have relevance for commercial development. Commercial development standards will allow building ~ (50) feet. Setbacks from the North Tamiami Trail require a minimum of thirty (30) feet pl~s--fi-x~.- 6 I feet lbr each additional story so that a live 15~ stet?:' building would be .'.,et back a distance of fifty (.40) feet. Commercial development will have to comply with kDC architectural requirements. STAFF RECO.MMENI)ATION: 1'hat the Collier County Planning Commission recommend approval of Petition PUD-98-13 as described by the Ordinance of Adoption and Exhibits thereto l i.e. PUD Document and Master Pla.n. I~NALD 13. NiNbTAICP DATE CURRENT PLANNING MANAGER REVIEWED BY: R6BL/RT. fl. MU~ICP- DATE ~-~/~rNG SERVICES DEP/~MENT DIRECTOR VINCENT A. CAUTERO, AICP, ADMINIST~TOR DATE COMMUNITY DEV. AND ENVIRONMENTAL SVCS. Petition Number PUD-98-13 SmffRepon for the November 5. 1998 CCPC meeting. COLLIER COUNTY P~NG COMMISSION: ~. BRUET. CHAIRMAN PUD-98-13 SrAFF REPORT/md FINDINGS FOR I'['I) PLiD-98-13. COI,LIER SECTION 21 .Section 2.7.3.2.5 of the Collier County Land Development Code requires the PIanninn Commission to make a finding as to tile PI;I) Master Plans' compliance with the lbllowin~ criteria: I. The suitability of the area for the D'pe and patlern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. .P. to: Ii} Public utilities and highways are in place to support the planned uses of the land (ii) Physical characteristics ofadjaccnt land as represented by their use are clearly compatible with the planned use. Con: None. Findine: .Jurisdictional reviews by Count>' staff support the manner and pattern of development proposed for the subject property. Development conditions contained in the PUD document give assurance that all infrastructure will be developed and be consistent with Count>' regulations. Any inadequacies which require supplementing thc PUD O document will be recommended to thc Board of Count>' Commissioners as conditions of approval b>' staff. Recommend.:d mitigation measures ,,,.'ill assure compliance v.'ith Level of Service relationships as prescribed by thc Growth Management Plan. 2. Adequacy of evidence of unified control and suitability ofany proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as the.,,' may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Pro/Con: Evaluation not applicable. Finding: Documents submitted with the application provide evidence of unified control. Thc PUD document makes appropriate provisions lBr continuing operation and maintenance of common areas. 3. Conformi~' of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan. Pro: l il the development strategy described by the PUD is structured to be consistent with all applicable goals, objectives and policies of the GMP. ! ~' 1998 Finding.: [he subject petition has been lhund consis',ent with the goals. ¢~biccti,.'¢s :,nd policies of th,: Oro',,,'~h Management Plan...\ more detailed description of this conformity is addressed in the Staff Report. 4. The internal and external compatibility of proposed uses. which conditions ma)' include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Pro: l il I.and uses are compatible with adjacent properties. liil PUD development standards acknowledge the applicability of LDC requirements which are aimed at achieving internal and external compatibility. Con: (i) None. Finding:The PUD Master Plan has been designed to optimize internal land use relationship through the use of various forms of open space separation. External relationships are automatically regulated by the Land Development Code to assure harmonious relationships between project's. 5. The adequacy of usable open space areas in existence and as proposed to sern'e the development. Pro/Con: Evaluation not applicable. Finding:The amount of open space set aside by this project is greater then the provisions of the Land Development Code. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Pro/Con: Evaluation not applicable. Finding:Timing or sequence of development in light of concurrency requirements is not a significant problem. See llnding No. 1. also applicable for this finding. 7. The ability of the subject proper'D.' and of surrounding areas to accommodate expansion. Pro/Con: Evaluation not applicable. Finding: Ability. as applied in this context, implies supporting infrastructure such 'as wastewater disposal system, potable water supplies, characteristics of relative to hazards, and capacity of roads, is supportive of conditions e~nanatin~-'-i', 2'i I ,:,( 1998 urban development. This assessment is described at length in the staff report adopted by thc C('PC. Relative to this petition, development (,f the subject property is timely. because supporting infrastructure is avail:zble. 8. Conformity ~vith PUl) regulations, or as to desirable modifications of such regulations in the particular case. based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. P to/Con: Evaluation not applicable. Findinm This finding essentially requires an evaluation of the extent to which development standards proposed for this I'L'I) depart from development standards that would be required for the most similar conventional zoning district. The development standards in this PUD are similar to those standards used for particular housing structures and associated area requirements. FINDINGS Fear P( 'D,98-13,,md , ~E,, /ff1998 REZ()NE FINDINGS PETITION I't'I).98-13, COLLIER SEC"I'I()N 2I Section "-" '; _./.,._. of the Collier ('ountv l.and Development ('ode requires that thc report and recommendations of thc Planning (..'OIIIIIlissitHI tO thc Board ot' County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: 1. Whether the proposed change will be consistent with the goals, objectives, and policies and Future Land Use map and the clements of the Growth Management Plan. Pro/Con: Evaluation not applicable. Summar'v Finding. s: The proposed development is in compliance with the Future land Use Element of the Growth M'anagement Plan for Collier Count.,.' and all other elements. their objectives and policies. Companion PUD Findings evaluation as well as the adopted CCPC staff report addresses this same finding. 2. The existing land use pattern: Pro/Con: Evaluation not applicable. Existing: The proper:7 is undeveloped except for .a stormwater management lake that serves the Wa!mart Center. The property is extensively vegetated and contains an extensive wetland system, which is reflected cn the ?UD Master Plan. The land is currently zoned PUD with the rural agricultural tract lying north of Waikerbilt Road. The property has an irregular boundary. Essentially the followin~ relationships exist. Surrounding: North To the north of the property lies adjacent Waikerbiit Road and the Cocohatchee River system. On the north side of Waikerbi!t Road, property not included in the PUD is both commercially deveiqped.j?~ east cf PUD portion ~ay H ' [~[i[; I ~ 1998 I .~ev _ ',; 1 t 7. 2 ',lc r<obile Ec.-,.e Parks twes: '' '_kc t-i'D pert l r.-., . East - .properties qeneraily _:""~...g eas2 ~': tke property includes the Site, office bulloinc const.'~ .ion ' ~ c' ;, former Kakl s ?.estaurant and Lounge, Bay House Restaurant and Mobile Home Parks. South - Prcpe~~ies adjacent -' a ' n_ south side of the PUD include the Walmart Site, · ,=F-es Park residential area along Ili::' Avenue North, Naples Park Elementary School, Saint John The Evangelist Church and Vanderbilt Villas. West - To the west of Vanderbilt Drive opposite the western limit of the PUD lies undeveloped land, now zcned PUD as The dunes PUD a prooo, sed mu 1 t _~~ m ._~ = f a m i i y development and the cemenery. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; Pro/Con: Evaluation not applicable. Summam' Findinl~s: The parcel is ufa sufficient size that it will not result in an isolated district unrelated to adjacent and nearby districts because development of the land simply implements a part o~' the GMP FLUE Urban Designation. an action which is expected given that timing is appropriate. ..\vailabilitv of adequate infrastructure, nearbv urban development, support the timing relationship and justify revisiting the PUD and amending its development strategy. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Pro/Con: Evaluation not applicable. Summan' Findings: The district boundaries are logically drawn and in part predetermined by the FLUE to the GMP. $. Whether chan~:ed or chanlzin~ condition~ make the passage ~,1' thc propo~,ed amendment necessar)'. Pro/Con: l:valuation n,,£ applicable. Summan' Findings: '[he proposed ;,~ninb, chanuc t~ appropriate hascd on thc cxistin~ conditions ol the property and because ~ts rclam,nship t,, the FLUE l t'uturc l.and tSsc Element of the ()MI'~ is a positive one. 6. Whether thc proposed change will adversely influence living conditions in the neighborhood: Pro: ( Contigu~,us relationships Ir~,m a g,,if course clearly makes for a compatible relationship. (iii The commercial component is located on the N. Tamiami 'Frail and lies adjacent and opposite existing commercial development clearly establishing a consistent relationship. Con: (i) None. Summan' Findings: The proposed change ',,.ill not adversely influence living conditions in the neighborhood because the recommended development standards and mhcr conditions tbr approval have been promulgated and designed to ensure the least amount of adverse impact on adjacent and nearby developments. Thc only contiguous residential development lies adjacent to the proposed golf course. 7. Whether the proposed change will create or excessively increase traffic congestion or create t)'pes of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected P,.'pes of vehicular traffic, including activin' during construction phases of the development, or othenvise affect public safetv. Pro: Ii) All ingress and egress to the property is ,.'ia a major arterial divided highways (i.e. LI.S. 41NI which provide for best management practices relative to turn lanes. No traffic level of serx'ice ,,.`'ill be abridged b',' this approval which is the principal criteria for evaluating traffic impacts. Con: Iii None. Summan' Findings: Evaluation of this project took into account the requirement for consistency with Policy 5.1 of the Traffic Element of thc (iMP and was for, nd consistent. a statement advising that this project when developed ,.,.ill not excessi.`'elv increase traffic congestion...\dditionally certain traffic management system improvemeryts condition of approval l i.e. turn lanes, traffic sign:ds, dedic;:tions, ctc. I. In ibc linat angle,lis all projects are suhiect lip the ('~,ncurrencv Nlanagcmcnt s', ,qcm. 8. Whether thc proposed change vdll create a drai,uge problem: Pro: Ii} The project design fi,r .,,torm water management v. ill be designed in accordance with Collier Coumv requirements and the rules and regulations of the South Florida Water .klanagemcnt [)i.,,trict. Con: Ii) None. · "4ummarv Findink, s: I(very pr(ucct appr(,vcd in Collier (.'ountv involving the utilization of land for some land usc activity is scrutinized and required to mitigate all sub-surface drainage generated by developmental activities as a condition of approval. This project was rcvicwed for drainage relationships and design and construction plans are required to meet County standards as a condition of approval. In the event area wide deficiencies develop, which deficiencies would be further exacerbated bv developing vacant land. the Count.,,' is required to react through its Concurrency Management system. 9. Whether the proposed change will serioush' reduce light and air to adjacent areas; Pro/Con: Evaluation not applicable. Summam' Findings: All projects in Collier County arc subject to the development standards that are unique to the zoning district in whic~ it is located. These development standards and others apply generally and equally to all zoning districts (i.e. open space requirement, corridor management provisions, etc.) were designed to ensure that light penetration and circulation of air does not adversely affect adiacent areas. 10. Whether the proposed change will adversely affect propen?,.' values in the adjacent area; I',ro: li~ Typically urban intensification increases the value of contiguous underutilized land. Other orientations deal with similar land use. and therefore should have no detrimental c/'l'ect on land value. Con: ii) None. Summam- Findin_l!s: This is a subjective determination based upon anticipated results which may be internal or external to the subject property that can affect property values. Property valuation is affected by a host of factors including zoning, however z~ning by itself may or may not affect values, since value determination by law is driven by marktJt value. The mere fact that a property is given a new zoning designation may or'mw,' not affect value. ' ..... 4 i SE.t; 1,.(1998 I!. Whether the proposed chanl~e ~'ill be a deterrent to Iht. impr.vement development of adjacent properS.' in accordance ~ith existing regulations: Pro/('on: Evaluation not applicant. .%ummar~' Findings: Thc basic premise unctertx lng all ~,l' the dcvel~,pment slandards in the zoning division of the I.and Development C'odc is that their sound application when combined with the administrative site development plan approval process, gives reasonable assurance that a change in zoning ,.,,ill not result in a detcrTence to improvement or development of adjacent property. 12. X, Vhether the proposed change will constitute a grant of special privilege to an individual owner as contrastinll with the public Pro/Con: F. valuation not applicable. Summan' Findings: The proposed development complies with the (;rov,!h management Plan. a public policy statement supporting Zoning actions when the5' are consistent with said Comprehensive Plan. In light of this fact the proposed change does not constitute a grant of special privilege. Consistencv with the I:[.U[( is further determined to be a public welfare relationship because actiofls consistent with plans are in the public interest. 13. Whether there arc substantial reasons why thc property cannot be used in accordance with existing zoning: Pro/Con: Evaluation not applicable. Summary' Findings: The subject property is zoned PUD and Rural Agricultural. The revision serves to allow the petitioner to change their Pt'D strategies to more readily rnarketablc development of the property. 14. Whether the change suggested is out of scale ~,'ith the needs of the neighborhood or the Pro/Con: Evaluation not applicable. Summa~' Findings: The proposed development complies ,.tith lhe Gro,.vth Management Plan. a policy statement which has ex'aluated the scale, density and intensity of land uses deemed to be acceptable for this site. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. Pro/Con: Evaluation not applicable. - -- -i,:.,. =- ' !.: 15' 1998 Summan' Finding.~: This site in part is zoned "I'I'D" !'!armed [ nit l)cvcl~pmcnt. 'Whether or not there are other similarly zoned residential areas ~s irrelevant. To den,.' rezoninu would be to den',' the property ovcner the riuht tn use thc land m a manner consistent with the (}MIL .-ks far as thc P['l) is concerned thc dc',ch~pmcnt as a golf c,~ursc represents a large decrease t{, inten,,itv of land use.s n,~,.v alh,,.~.cd. 16. The physical characteristics of the properly and the degree of site alteration which ~,'ould he required to make the properD' usable £~r an,,' of the range of potential uses under ~he proposed zoninl~ classification. Pro/Con: Evaluation not applicable. Summan' Findings: The site ~vill be altered to the extent nccessar,, to execute the development strntcgy. 17. The impact of development on the availabiliD' of adequate public facilities and services consistent with the level.~ of .~er'viee adopted in the Collier County Growth .",lanagement Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance. as amended. Pro/Con: Evaluation not applicable. Summan' Findings: Staff reviews for adequacy of public sen'ices and levels of sera'ice determined that required infrastructure meets with (;Nit' established relationships. NOTE' GMP as used herein means the Collier County Growth Management Plan. FLUE means the Future Land Use Element of the GMP. P! 'D-'.*X-1.1 RI/t ,',1 t [".'[)IN(,~ md ~TITIO,', NUMBER DATE AUG 1 9 1998 STANDARD REZONE AND CONDITIONAl. USE REOISESTS PLAN~ED I~IT DEVEI.OPMENT REOUESTS "k,x?~:~t~4S SSR~CE.9 COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION CI JRRI!NT PI.ANNING 1. Name of Applicant(s) Collier Development Corporation Applicant's Mailing Address ~003 North Tamiami Trail, Suite 400 City Naples State Florida Zip 34103 Applicant's Telephone Number: Bus.:. 941/261-4455 Fax.: 941/263-4.~37 Is file applicant the ov,'ner of the subject property? X Yes No (a) If applicant is a land u"ust, so indicate and name beneficiaries below. *X (b) If applicant is corporation other than a public corporation, so indicate and name officers and major stock_holders below. © If applicant is a p-,.,'-tncrship, limited partnership or other business entity, so indicate and name principals below. *X (d) If applicant is an owner, indicate exactly as recorded, and list all other o'.~,ners, ifa_ny. (e) If'applicant is a lessee, attach cop.,,' of lease, and indicate actual owners if not indicated on the (f) If applicant is a contract purchaser, attach cop>' of contract, and indicate actual ov,'ner(s) name and address belov,'. * See Attached list of officers and shareholders and cop)' of deed. (If space is inadequate, attach on separate page.) 2. Name of Agent George L. Vamadoe, Esq. Firm Young, van Assenderp & Varnadoe, P.A. Agent's Mailing Address 801 Laurel Oak Drive, Suite 300 City Naples State Florida Zip 34108 Agent's Telephone Number: Bus.' 941/597-2814 Fax.: 941/597-1060 3. DETAILED LEGAL DESCRIPTION OF THE PROPERTY COVERED BY THE APPLICATION ('If space is inadequate, attach on separate page. If request involves change to more than one zoning district, include separate legal description for property involved in each district. If property is odd-shaped, submit four (4) copies of survey (1" to 400' scale). THE APPLICANT IS RESPON..3LE FOR SUPPLYING THE COtL~,.c. CT LEGAL DESCRiPTION. IF QUESTIONS ARISE CONCERNING THE LEGAL DESCRIPTION, AN ENGINEER'S CERTIFICATION SHALL BE REQUIRED. ,CTION 21 TOWNSHIP 48 South RANGE 25 East :e auached Exhibit, legal description. 4. Size of property -'-5280 ft. X ±2500 ft. Acres +267.44 5. Address or location of:,ubjcct property I.~; bclwccn U.S. 41 on the eastern border and Vanderbih Drive on the western border, lving north of I I 1'"' Avenue, and south of the Cocohatchee River. 6. Existing land elevation: 0 - I 0 feet Count>' Flood Criteria Elevation: ._12 feet 7. a. Date subject propert7 acquired (X) or leased ( ): 15th da.,,' of October , 19.53. Term of lease yrs./mos. b. If, Petitioner has option to buy, indicate date of option: ; and date option terminates: 8. Does property owner ov,'n contiguous property to thc subject property? If so, give complete legal description of entire contiguous properxy. (Ifspace is inadequate, attach on separate page)..Yes, in addition to portions of the Collier Tract 22 Planned Unit Development across U.S. 41, a 5.58 acre parcel is under the same ownership as described on the attached listing, of corporate officers and shareholders. TI[IS APPLICATION IS INTENDED TO COVER: (Check which type of petition you arc requesting): X A. REZONING: PRESENT ZONING PUD & Agricultural REQUESTED ZONING PUD FOR Golf course and commercial B. PROVISIONAL USE OF ZONIN'G FOR 10. REASON Wt-IY APPLICATION SHOULD BE APPROVED (Attach additional sheets if necessary): .This petition proposes a decrease in density, intensity, and resultant impacts from the 800 dwellinq units authorized in the existinv_, PUD to no dwelling units. Additionally, the number of acres eligible for Activity Center commercial zoning has been reduced from ± 13.3 to ~3.4 acres and has been reconfi~.ured and moved from 1 I 1 ~'~' Avenue to front on U.S. 41 adiacent to developed commercial zoning on two sides. 11. IS PROPOSED USE PROHIBITED BY DEED RESTRICTIONS? __ YES X NO IF YES, PROVIDE COPY OF THE DEED RESTRICTIONS. 12. IS THIS REQUEST A RESULT OF A VIOLATION? No IF SO, TO V,q-IOM WAS TIlE NOTICE SERVED? 13. HAS A PUBLIC HEAR.lNG BEEN HELD ON THIS PROPERTY WITHIN THE LAST YEAR? IF SO, IN WHOSE NAME? No 14. ARE THERE EXISTING STRUCTURES ON THE PROPERTY? No TYPE: CBS , FRAME , MOBILE HOME OTHER ,' I 2 bEC /,5' 1998 i AFFIDAVIT I, Jeffrey M. Birr being first duly sworn, depose and say that I am Vice-President of Collier Development Corporation, the owner of the property described herein and which is the subject ti,.,, matter of proposed hearing; that all the answers to the questions in this application, and all sketches, data, and o supplementary matter attached to and made a part of this application, are honest and true to the best of'i'~lll~ knowledge and belief. I understand this application must be completed and accurate before a hearing can be advertised. I further permit the undersigned to act as our representative in an)' matters regarding this Petition. COLLIER DEV'ELOPMENT CORPOtL&TION Birr, Vice President YOUNG, van ASSENDERP & VARNADOE 4/X George L. Vamadoe State of Florida County of Collier ~ The foregoing Application was acknowledged before me this */'~' da)' of .%u.'~ , Ic~q% by.,~ ~\. ~ ~ ~ V.'~. , who is personally, known to me or '"kc.., ,,,~ ~ ..... v,,.,~,,.,.~,'~ ' as identiffieatien and who did (did not) take an oath. ~"a ucmvm K ('Print Name of Notary Public) ~' ................. " Serial/Commission # My Commission Expires: O:\U$ E'R.S",L ANA% Wi:~D~ ECT'iO N 21 kR.EZ O h~.A/~p, wpcl(4/17,,.9 ~) 1998 1. (b) a.~ follows: Collier Development Corporation's Officers as follows: Miles C. Collier, President Thomas J. Flood, Vice President Jeffrey M. Birr, Vice President Terry L. Flora, Vice President/SecretaQ' Michael O. Taylor, Vice President Shareholders are as follows: IMiles C. Collier Barron G. Collier Il Trust Inglis U. Collier Trust Collier Business Trust 1. (d) Owner is Collier Development Corporation. OR Book 31, page 118, Collier County, FL, title deed for subject property. SEE COPY ATTACHED 8. Contiguous property to the subject property: Folio Tax I.D. 00154760005 Owner: Collier Development Corporation by OR Book 256, page 499, Collier Count)', FL. Legal Description: A parcel of land lying in Section 16, ~o~nship 43 South, Range 25 East, Collier County, Florida, described as follows: Ccn~encing a% the Southwest corner of said Section 16, run N 39'33'45" E along the Sou~Jq line of said Section, for 1197.99 feet, to the Point of Begin- ning, said point being 1549.39 feet Westerly of the South Quarter corner of said Section, said point al.~o being the befitting point of Bulkhead line No. 4, according to the Bulkhead Line Plat as recorded in Bulkhead Line' Plat ~ook 1, Page 15, of the Public Records of Collier County, Florida; t,hence ru.n the following courses along said Bulkhead line N 37"07'15" fi for 340.08 feet, to a point of curva:ure, thence 1.13 feet along the arc of a curve', concave to t-kc Southwest, having a radius of 270.00 feet, and subtended by a chord having a bearing of N 7.7°33'37.5" W, and a length of 350.27 feet, to a point of tangency; thence run S 62°00'00" W, for 348.13 feet to a point of curva- ture; and thence 221.1fi feet along t_he arc of a curve, concive %o t~%e southeast, having a radius of 127.84 feet, and subtended by a chord, having a bearing of $ 12~26'22.5" W ~n.d a length of 194.59 feet, to a point, said point being the end point of said Bulkhead ~~ .... ~ .ine ,,'o. 4, thenc Z, along the sou line of said Section 16, for S96.fil feet, to the Point of B~ginning, said parcel containing 5.58 acres. 1998 Coil:er, Jr. and I~1,,~ Call,e:' of thn C::y ,.f :~',,~:<.hqes, ~oun%y, State of Fl~,r:,:, 'r, ere~r,,,ft,,r c~,~,.q ~,,,. ,,r'n. tar'~}, jo[ned the Grantors) to Collier bevelopmenu Ccr;.':rot~c,~. a ,'io?'.d~ cor~or~tlor,, h~,v~r,;~ n,, ~,'.*: 1c~ ar,,: ; l~,c,. %: :,~'~Ino:, ,,: E..,erKl~de~ ~lorldn (nereinaf:er ct,.le.: tr.e The Oran}ors and the ~Ive~ of the ~r~ntors naroby ~ran~, convey and transfer to the Grantee, :ts successors .s~..b.~ ands tuo~,~, lyln~ and being n Collier County, State of Flor/da: ~e follo,ln~ ~ots In the City of" ' a:co. ~, thc .,ap,es "~'n~ tc t ~he~of recorded in plot book 1, Pa~e ~ of thc Publ:c Records ~llier Co~ty~ Florida: ~ TIER L~S ~7 ~ zo, ~ ~.~ lg 3 ~m 19 5 21 6 20, 21 '~ 22 21 7 1, 2, }, h, 5, a, 20, 2i '~ 22 21 8 13, ~k, ~5, ~, ~7 ~ ~ 1998 I City of Naples - continued: BLOCK TIER LOTS, 23 3 11, i2, 21 nnd 22 23 5 1! ar.~ 12 23 6 6, 21 ~,r',d 2; In the Ocean V~e~ Add*.ton t9 the 7~.n of' ,,r'Fi, ~, ~,c~ ;rdln~ to ~l~t filed in Plat ~onk i, Pa6e ~ oS the Pur1:c :,r.~ a;.j~ c: uo!]'ler County of Block 5. ~ownsnlp ~0 $out~ Ran?.,.2~ East Sect'.on 1 North Half (N~I of North East Quarter (I;E~); .','esl hnlf (W½) ~f ~orth · eat Quarter (NW~) of North ~est Quarter (NW~}; Nort~ ~e~t Quarter (NW~ of Southwest Q~rter (SW~} of Northwest Q~rter (~'N~-}; South Half (~) of the Northeast Quarter (NE~) of tne ~;orth~est ~ -',.r ' ,ua.._ (N'*~) and the ~ortheast Quarter (NE.~) of the ~;ortneast Quarter (~;E~) of the Northwest Q~rter (Nw~). T~nshlp ~0 South ~anRe 2~ East S~tlon ~Town of Naple~ Bouth Half (8~) of Gev t. Lot 1; O~v':. Cci 2 exce;,t t~'~e ~est 20 acres; Oov,t. Lot 5 except .~est 20 acre~; Oov't. Lot~ ~, 7 ~nd 10, except Highway right-of-way Ir. 10; Oov't. Lot 9, except *-st ~O acres. Ail Gov't. Cot 8, lylng East Township ~0 8outh Hence 2~ E~st Bect'.o~ 10(Town of Naple Fractional East Half (E~), except Oov,t. L~t~ ~, 2, ~.d ~. (Includes Oov't. ~ots ~ 5, 6, and 1998 , .To~nehip 50 South Range 2~ East ~cc~lo,', i1 ~outhwest Q~rter (S'~) of ~;ortheast Quarter (NE~) of Northwest ~uarter (F~} except that port,on lyln8 Sr~utn of U. ~. H~qway 41; ~cutheast Quarter (BE:) of South-est Quarter {S'~2) of Quarter (F~); Northeast Quarter (NE~) of Nor~r, ca~ C. uarter {NE~) of ~outh~est Quarter (SW~); West Half ('~'~) aS No:'tnea~t Quarter of South,eat Quarter (Sd'i); East Half (E'}) of Nort?,-ent Quarter (N~) of ~outheeat Quarter (S~'~); Southecst ~uarter (SW{) cf South-est quarter (SW~); Southwest Quarter (SW{) of :~orCr,~e~t Quarter (N'N;) of 8outheemt ~uarter (S'e'i); mest Half (~) cf Southeest ~nrter (2E~) of Southeest quoter {S'~';); ' 's . ' ~o. ~ end ~ o:' =locz ~ sC' .',~:'~h ~ubdlvlmlon a~ recorded in Plat 50~,~ 2 ~n Pa~e 02 r~ t~.,. .',~::i'.' ',.- .... ~ of Collier County, r'lor: To,nsr, ip ~0 South ~er.;'e 2, Er.:~t Se:t: ', 111 lying Soutl, anz ,,,:~: o: U, 3. r:i,'r,.a: To.ship ~0 Sou,th Ra:,ge 2> Eost Secc:::, A!I ~yln~ South and ~e~t cF U. S. ~tCf..c., ~.~ oXteFt ..,~t AeIF Of *'est Half (~.) cf ,,,:~t 'calf {*~,, ;:' b..rt:~t C,,a:'tec To-nship ~0 South 2anon 2~ Er, ct Scotia, Northeast Quarter tNE;) of South.e~t QuaFtcr (~A'~); ,,cst )J~l)' Northwest Quarter ();e(~; Scutheast ~Jcrt,.r ~SEJ;) o: :.~rtn-est Quarter (h'~'~); Northeest ~uarter ();'*'~) cC Northeast quarter ()~I) of Northeemt quarter (~); Lots 55, 55, 5~ 58, 5~ and 116 of :;,ples Grove and Truck g~an~ Little F~ ~o-nship ~,0 Sout~ Range 2~ East Sect'.~r, l~(To.n of Neple. Oov~t. Lots ~ and 2; Tr, a: portion of Bov't. Lot ]iytng East of Boat ~ennel; Oov't. Lot 0 except the East Half (E~) of the Soutnaamt '~) t ~u~rter (S2~) of the Southeast Quarter (SE) To.n.hlp ~0 Bouth P, onge £~; £a.t -~ectlor, £?.[?a~n Oov'~.Lo~ l; Oov'~.Lo~ ~, e~cep~ ~n~ pa~o~ deed ~o J. O. ~m7 ~, 19~9, by Colll~ Co~po~n:Ior.; G~v'~. :.o~ ~, Oov't. Lot 8, ez.c~pt T. E. ~alton 10 acre~. To~mhlp 50 ~outh Rnn~? 2~ Enst S~ctlan 2t Wen*. H~ ('M'~) except ~artn Hzlf (N~]. of ~ou'" '.,,.e~t ~unrter (S'~'~) of ]~orthwest ~uerter (N'A'}). Lot %0 aS N~le~ G~ove nr.~ Tr~k CompanT,~ L~ttle Fmrms N=c~ber 2 nccording to Pln~ recorded :~l ~!nt Book 1, Pa~e 27 of the Public Reca:'d~ of Coil:er C~.:n:2;, Township ~O South ~nn? 25. ~st S,~ct'.~;~, 2.. ~o-nship ~0 South ~ence 2~ E~st Sect'.c~ J~ &ll Townshl~ ~O South Rnr, z*_. 25,,East 5~'~0'~. 2':{Ts.-: Gov't. Lot~ 2 and 7 To,nshlp 52 Scurf. ~:cnre 27 Ea~: S~c::o~ Oov't. Lot 14 except /.sx'.llary Lot~ J ~:,~ ~ ir:creel ~r~ except o11, E~s and mineral r~qts an5 exceptinK t~e Ooodland He:d:~ts SubdlvZslon mccordln~ to the Plat thereof as recorded ~n Plat Book l, Page 85 of the Public Records of Collier County. The W,at Thr,~ Quartera (w 3~) of the Bouthwest Quarter (B~}) of the 8outhezatc.~rter (BE{~. Bouthemat Quarter (SE~} fract:cr, al. · xoep~lng H l ~hw. '7 Township 46 South ~nge 29 East Section The South Half (S~) except }{iEhwmy Townahl~ ~6 South Rar~e 2~ East Settles All except Highway ri~.-' o~.-way. ~o-nahtp 46 3outh Range 29 E~s,,t Bectlcn 20 The South Half (S}) except H[~ay ~ght-of-wny. To~n~hi~ ~6 South Range 29 E~mt Section 2~ Ail except Ne~arket Subdivision and Hl~.ey ri~t-of-~ey. ~o-nshlp ~6 Bouts Han~e 2~ East Sectior. All except ~i~way right-of-way. ~o*nshi~ ~6 South Range 2~ E~st Sectic, n The Northwest Cuarter ();A'{) er. 6 the ScurF. Heir (S~ ,.: tho ~orthcast ~uarter (),~) escep Quarter (NE~) rese~ve~ :o p~vlcus a*r.o;'~. To,sahiB 46 South Rar.~o 29 East Sccttcr, The Southwest Quarter (SW~) 9f tho So,=tn~est Quarter ,.s*'t) o$ the Northezst Quarter (NE~) and the Sour,noes: Quarter (SE~) of thc South- e~st Q~rter (SE~) of the Northwest Quarter right-of-way. .. :: , / ,5' ]998 189z3 ~c,nship ~6 South Ranf, e 29 East ~Oct:on 33 The North Half (N~) and Southeast Quarter (SE{-) exccpt',r,~ that portion included ~n the ~e~a~ke~ Subd~v~slon at Immokelee, Cailler County, ~lorida es recorded ~n ~lat Book i on Pa~es 104 end 105 of ~he Publ~c Records of Coll~er Ccunty. To-nshl~ ~6 South ~n~e 29 East Sectlon Ail except A.C.L. r~t-of-~ay and except that portlon as described In Deed of date Aprll 27, 1943 from Co!lle~ Corporatlon to U. S. Gover~ent as described In Deed Boo~ i ct. Page ll/o cf t:;e Public Recorda of Collier Coanty and except tha: port~on ~r~c~udo~ in the Ne~arket Subdlv~s~on at I~okalee, Coll~er County, Zlorlda record~m plat Book ~ cn Pages lOi; ~,r,d ~C5 of t~.e Public f~ocords of Collier County and e ~ x.ep, that land described ~r, D~.ed of damp 3, 1951 from Collier Corporatio~ to State AGrlculturnl 5~erketl~g Board. T~wnshlp ~7 Sout~ :~n~.~e 2~ East ~ect~or. Th~ Eaat Half (E~) cf tn~ North.~t ~Jar~mr ()~'~';) iy'.n~i ~a~t of N~mrk~t Subdlvl~lcn and E~t of A.C.L. ~allroad ~)t-of-~ay mhd b~lng ~'~at of ditch, mxc~ptlr, g land de=crlb~d 1~ ~eed of dat~ F~bruarf 8, 195~ to ~rlght P~p Co=.~mmy ~nd ~xc~pt:ng !~nd de~crlbad In Dm~d dated July ], 1'~5! to St~t~ of Flor~da A'rlc,J!tural ~,',~rkotlng Board. Th~ Eaa~ Half (E~) of )Jorth~a,t n -, '. ~u~, .e. (NE~ of Southeast quarter (S~'~) South of A,C.L. r:g,qt-cf-.ny ~xcoi, tl~lg that l~nd dmacrlb~d ~n Dood of dat~ :.~arc~. 15, 1,~,5~ from Collier Corporation A,C.L.~allroad; Southpaw: ~uart~r (SE~) ~oucn of A.C.L. rlght-of-mm~i ~a~t Half {~} of South~a~ quarter (SEt) Nort~ of A.C.L. mhd South of Mtat~ HCgh~ay n~b~r 2~ Southeast Quarter (SE~) North of Hl~mm7 29 ~xcaptlng H1~h~ay rlght-ef-.ay for St~t~ )toud ~6 and cmptlmg 3.21 acr~ described In Demd Uook 17 Pag~ 300 of th~ Publlo R~oo~d~ of Colll~r County. - 6 Township 47 South lt~n~.e. 2c~ East Section Lota 1 tha'ouE~ 6~ nn~ ~h ~nro.,gh Z6, bo~n ~n~lu~v~ af b~ock ~ of Fr,d~ ~hidden's Subdivision according to Plat ~her. ~f record-d In Plat Book Page 36 of the Public Records of Coll'ler Caur,~y, To~nshl~ ~7 South ~r.-,re 2~ E~st S~.~'..;'. Southwest Quarter(S'~'~) o:' hort~east Qun:'te:'(~;R~); So.~t~ .... ,~'. ~unrter(SE~) . To.nsh~p ~7 South P. nr,~e 27 E~st Section q All except the North Hall (I;~) of tho ]Jetta n~if Qu~ter(NE~) of the Nortneest Quarter ();E:) .r,,~ exce~,t of the North.eat Q~rtcr(I~*t) of the );ortne,~t Quarter (:;E;) of the Northeast Q~rter To,nsnIp ~7 South Ran~'e 29 East D,Jttiar, il All except A.C.L. Rift-or-,ay ~ except North,e:t Quarter(W*'~). of South,eat Q~rter (SW~) of North,.st q~rter To,aship 52 South Range 29 East Section 2~. South Ealf (8~) except U.S. High,ay ~ and State A.C.L. Rl~t m-or-,ay. All except the Lloyd Ruby p~cel aa recorded in Deed Book 22, Page 317 of the Public Records of Collier County, To.ashlp ~8 Sou~ Range 25 East Section 22 Ail except Northeast Quarter (h~) cf Southeast Quarter (SE~) end except A.C.L. Rl~t-of-.ay amd except ~est Half ('~) North.est %u~rter (N'At) end except ~est ~' Fee: of Ecs~ h~If(E~) of South- -cst Quarter (SW~) of )~srtn~e~ Q,~rter (,,6~) 'y'.n,~ c-,Jrt, ,~ Hor~c Creek, and except Rift-of-way to ?'lcr~da Po.er f= L'..U~t C.:. by Deed d~ted X~ust 24, 1953. 7o-nshlp ~8 Seth Rcn~e 25 East Sectkon 27 except All except A.C.L.RIG~-o~-~ay. ~nd/PiorlCc ~¥~cr Township ~8 South R~n~e 25 East Sectto~, 32 All fr*ctio~l lyinE North of Vanderbilt be~cn ,~oad except that land described In Deed of date )(ovember 23,1948 fro~. Collier corpor~tion to :~f; t~ 1998 To..nshlp [~8 So~:h ,'q~e 2.5 East All lyln~ North of th~ V~nderbllt Bc~cn of North H~ (N~). xii ,xo~pt A.C.L. right-of-way, and excopt rl~tqt-of-.a./ to Florida Po-er L1~t Comply by Deed d~ted A~uat ~, 1~5~. All except A.C.L. rl~ht-of-~a), a~d except right-of-way to Florkda Po-er & Light Company by deed dated Au6ust ~o-nahip ~ South R~e 2~ East Section 10 All East of A.C.~. rl~ht-of-,~y exceptinC R1~nt-of-,o/ to Fiorlde Power and Li~t Company by Deed dnt,~ Au,fu~t 2~., !'~3. Southerner Quarter (SE.~') ~ NOrtheast (};E~} of So,Jtheagt Quartor (SE~) East East Half (E~) of Southwe~C Quarter (Sw.:.] ',jr So~t),(,a~t ~uar-tor (SE~); West Half (W}) of Southeast Quarter (SE~) cf Southoa.~t T~wn,,,hip 49 South ~en~e ~ East Section ~or~ .Ea~ (N~) and that portion of l~nd of the South Half (S~) lyin~'Eamt of the ~'~.s. lln~ of ~ailr'ond P.,,ht-of-~uy sad Station O~oundm Township 49 South Hence 2~ East Sect:on Ail except the ~outh Half (S~) of South,est Qu~rtor (SW~) of the South,est ~uarter (SW~) o~ Sou~h,est Querten (SW~); Southeast Quarba~ (BE~) of Southwen~ Quarto~ (BW~) of Southmost T~,n:h~p ~0 South R~e 26 East Sect'.oas 1'~, 20~ ill . P C Flve p~rcel:~ of lnnd~ ,.m Cnokoloskec ~!r,n,] .u:.'.Ic.~!..:'i.,' de3c:':bed as £ollowe: 1. Com..mer'.cln~ at. an I;-9n pip. mo~,ument ct, t~e Soutn~o3t ~Ld~ of Chokolo~kee [sl~nd or, ~ne ~ho~llne ",':,roe hu~d~o~ for~i.'- ~r'eo Of Sm~llwood'~ Dlvislo~ of fha= p~r~ n~' '.n~,<,~lc~k~,,. ,.!ami ~n 3oct[on Tnlr~y-slx, Township , i:'ty-three SoJ~:~, .:a.',C~. Z~e'.~tl,-.~:ue Tal!ahas~ee ~er~dLan, reaches Cr, okolos.<~:e b~)'; tr,,:qc., ,.art::, Northwesterly, alonC th-. South bour. d~r'y %f' 3a',d rood,o;.,. Five hundred fifty-five fee~ to an Iron pipe aonumonL or, the Bay s:morellnc on the Northwest side of Chokolo3kee Island; ~,unce 5outh*u:~rly alon~ B~7 S~orel~ne E[Ehty-~wo feet t~ a point of uao.~clo~h~. 'elo~d; ~neace ~outheasterly aloag kay ~nc~el~r.e of C~:o;:olos4ee i~!.nd, T~ree nun~ed ni~ety-slx feet to ~l~e point of be6[na[nc; Tn,~ Play.above mentioned Lot n~bered Ten bulnG r~sorded !n Plat sc, ok One at PuEe Twenty-seven of Collier County, Ficrldc, Publlc i~ecc;'4s. ('foget~:ur ,1th all riparian 2. A part of Chckcloskee ~slar,~ .'.~tn[~ ~e l. ortn~est Quarter (NW~) of the South,e~t Quarter (SW{) of Soc~i~n 3~, /o-nshlp 53 South, Ra~e 30 East, do~crlb~z a~ beu.n,,.no ak ~ne South,est corner of Lot Five (5) of Small,ocd'~ Sub~Ivislon, P!n% Joo',< I, FaC, 20, Lq Seotion 31, %hence E~s% 182 feet %o ~ edce c:' Cnoko!oskee ony; Z:.oncc South- -eat along edge of Bay 15~ f~ct', thence :;ortnwosterly Lo polar of beginning; ~so Lot :~b~r 5 of CJ~okoloskec, beLnC In ~as% H~lf(J~) of Northmest Quarter (N~) of Section 31, To-nshlF 5J SouLh, R,nge 30 East, &ccordlng to the .~ap o~ Plat of seld Chokoloskce on file and recorded In the office cf the Clerk of tho Clrcul% Court of Lee County, Florida, In Plat Book 1, Page ~0, exceptln~ t~ere~rom the follo,in8 to-~ltl Beginnl~ at %ne SouthJes% corner of sald Lot ~, thence ~mmt 182 fee~ %o tae edge of Chokolomkee Bay, thence I Island nine fee; $ou;h.~e~terly fro,-, t?: East t,.undar7 oF ?au;ia £9, Township ~3 South reacnee Cl:okolo~kee bo>', ru~ Sou;hwo=%~rly along the Northwest ehoro llne o: Chokoloskee l~lr~nd 2~ foot Lc a stake st the Northwesterly ¢~rner of L~ren O. Bro'.r~'s Lot as descrlbod in Deed Book 10, Page ~'/ of tho ?u~ll~ Hecor,~n of Collier County, Florida, for a polm~ of beglnnln;; ~f the land hereby do~crlOed; ~enoe run ~utheasterly along the ~'e~terly llne of Lores O. Bro,r.'s Lot 100 feet to the Southwesterly corner thereof; tSar, ce run Northeasterl~ ~ong the Southeasterly line of maid Lores O. :ro,n's Lot 50 Feet to the South- easterly corner thereof in the ~es~er,,/ ~In~ of Robert Tho:peon's Lot; thence run Southeasterly alon~ the ~esterly line of ~ald Lot of Robert Tho:pans 213.3 feet; t,'~n:c run at rit:.t ar. 4!os to, o,id line In a Southwesterly d~rect[,o,~ !55 feet t: ~,e So.:th,t. ste:.l./ corner of the Lot herein described, :aenc~ run ir, a .,~. ,.~-os,erl'/ d'rectlon, parallel wlta the Westerly line o~' .~obert Tr.t::psor..~ Lot 313.~ :,~et to ~e shore llne of CY.o~olos~e, Bay, ther.:e d[rectlor, alor.~ tae shire 'lr, e cf ~r,e/olo~ee :~ay Io, ', . ' , ~o. to the being a part of Lot i of S::oll,ood'~ Suud'.., Ion c: .. E~ of North~ ea~: q~rter (~;g~) of Section 36, 7:-nshlp 53 SouLh, here 29 East, as said subd~ 's . Couaty ~ecords. Togothe~ ~lta 4. From a stake on the Northwest snore llne of Cnokoloskee Island n£ne feet So,Jth,esterly fro.= E~ ~.;ndery Tc~nshlp 53 SouLh, retches Chokolo~kec Be/, r.:n alon~ t~c Northwest Snore l~ne of Cnoko~c~kec .sIend .,0. s y CO~,~:' S~ :~a,.,.'~ ~;'.nr~; ~<3~3' ~ LOt, run Southeeater2y alor, c tn~ ,',es.~..~ Lot lO0 feet, thence st rl~nt nnhl~ South',esL,ri./ :...~ :'~;. ir;once Northwesterly, porol]e2 t: the 6ester.]y '.:~:,. ~{ Lot ZOO fee; to tr.e h~rtr.,esterly ~r,~;'e ' '.ne o: l~land, thence Northeester'ly alcn~ tn.~ ae~nde:. Bay to the point of b.~,;[r,r, ing of tr.e lnnl net',~'.,: C"~::;".:.,,d; to- gether .Ith all riparian r:ghts, belr.~ ~'~.r': of Lot i r.;' Small- wood's Subdivision of East ,:all (E~) of Northeast of Section 36, To.nship 53 South, Range 2~ East. 5- Co~enclng aL a st~ke ca the berth,est shore of Cha4oloakee Island nine feet South',esterly fzom where the East boundary of [{~nEc 29,Toeaship 53 ~eaches Chokoioskec [~ay,thoace Dun Sou~h',e~te~ly oioa~ the North~ shore of Chokoloskee islaad 20~ fee'. to ~ s=a~e, =hence 3outheasterly ;$17 feet to a stYe,thence NoetneastoDly 2~ feet %o the ~{a:%~e L[ne,theaoe coat[sue Northeasterly 185 feet to a ~akc,taence North,este~ly ~17 feet to the point of begins!ns, contalnln2 t-c acres ~or'~ ~r loss and being a part of Lot 1 of Smell',God's Suodivisl,,n of the ne:: :':alf(W~)of the NOrthwest Qu~ter(5'~%)of Secti~ 3i in To,nsh:p ~3 ~:uta,~{aa,;e 30 East, and a part of Lot 1 of S~all,oDd's S.;~d:'.,:~ ~r, o:' %n~ Last ::alf(E~) of East, Together-l~h any aaa all buildings ~tua~ TOO~HER with mny and a~l r[ght,tit[e on~ inte:-o~% cf the Grantors and the -ive~ O~ the Srantors in onc %c uny and al! b~ildinEs and i~prove- merits o~ o~ to said lan~s, and any and oll :'[xt~-e~ .nU persoaal property on mad used In connection with said Together with all and s[aEular,the tenements.heredit~ente and appurtenances the~unto belongin& or in say -1se ap~ rtaining,%nd also property, possession,claim and de~nd -natsoever. as - 11- ' ~[_, / N1998 I equity, of the Grantors and the ~vss o~ the Grant,m, ~, in and to the aa me and every part anZ ~orcol tr~ereoF *lC:: l~;c appurtenances; TO HAtE A~;D TO HOLD the above Grantod, bar3olned and described premises, ~lth the ~ppurtcnancc'a, unto th,~ Grantee, its successors and a3~lgn3, to its o',n proper uso, ber,eflt and behoof forever. IN WITNESS 'FF:iEI{EOF, thc Jr~nto)'s and the ~ive~ of tho year first above written. ~ 'fL.~ron ~;oilT~r; Jr. /'' :.i~~ ~-c~,.,i r;,., ,-~.. ~' ~ .s. '3' ' ~<':' Wiie· Collier ' - " ~-I, ~' 4~,. ~.'~.., "- ~.~.. ~Iaabel U. Collier Signed, ae~ed and delivered in the presence of us: ' r'ib8 STATE OF FLORIDA ] 0 ¢OUL'rY OF COLLI?) I hereby certify thor or; this day before me, an officer duly authorized in thc Sta~e and Coun~I aforesaid to t~e acknowlc~cmcnts' Per~ona!!y appeared Barren Collier, Jr., Miles Collier, I~ab~l U. Collier and Barbara ~. Colli~r, to me kno~ to bo ~he persons described in an'] who'exocute~ the fore~oln~ de~d and they se','er~l!y achnowlo,lyo~ tc ~,~ tha~ they ~xecu:ed tho ~d ~fixed my official ~eal th[~ ]St:, day cf ~'.,'.~.,,r, 1953. STATE OF FLORIDA, COU!;T¥ OF COLLIER Flied fO," [',9cor~ this ............. day of P. ge ..11~ an~ . ecerd Ver~fied., ,.. Cler~ ~ircU!t"~odr~',,i; 3o~u~y/?Olerk I,E(;AL DESCI~IPTION PAI~CEI., NO. I A PARCI'~L OF I.AND LYING IN SF. CTION 21. T~')",\'NSf lip 4S S~)I ','II I. RANCiI:. 25 I(.,\.'-;'I'. COI.LIER COUNTY. FLORIDA, SAID PARCEl. OF I.ANI) I~F.I.',;G MORF. PARTICULAI~.I.Y DESCRIBED AS FOLLOWS: COMMENCING AT TIlE SOUTHEAST CORNER OF SAID SI:'CTION 21: 'I'ttENCt.: NORTtt 89°50'30" \VEST ALONG 'FI IE SOUTI tl!RLY LINE OF Tt t[: SOUTI lEAST QUARTER (SE1/4) OF SAID SECTION 21 FOR. A I)ISTANCI-: OF 995.63 FEET; TI tt'~NCIi LEAVIN(} SAID SOIJ'I'IIERI.Y I.INE N()R. TI t 00:09'30" EAS'I' FOR ,,\ I)ISTANCI5 OF 100.00 FE[:I'-I'¢) .,\N INTERSECTION \VITIt ,\ I.INt'~ 100.0el FI-~I!T NORTI II!RI.Y OF :\NI) PAI?,A[.I.I.:[. \VI'I'[I ]'fit:. SAID SOUTItI:.P,I.Y I.INE OF TIlE S()I;'I'ItEAST (SE I/4) OF SE(:TIO:,,' 21; TI tENCE NORTII 89"50'30" \\'EST ,\l.()Nfi SAII) I'ARAI.I.I.iI. I.INI'~ FOR A I)ISTANCF. O[: 401.04 FEET TO'IllI! POINT ()I: BI!(ilNNINfi ¢)F TI I[ERI!IN Dt!SCI~,IB[LD PARCI'~I. NO. I; TItENCIi N~R'I'ft g9~50'30'' WEST CONTINUIN(i AI.(I:,,'~ i SAII) I'ARAIA.I:.I.l.INli DISTANCE OF 1260.g2 FEET TO AN INTERSECTION WITII A LINE 30.00 FEI:I' EASTERLY OF AND PARALLEL WITtl TIlE EASTERLY LINE OF TIlE SOl:FI QUARTER (SWI/4) OF SAID SECTION 21; THENCE NORT[I 01032'23'' \\rEST ALONG SAID PARAI.LEI. i. INI-~ FOR A DISTANC[:. OF 440.86 FEET; TttENCE I.EAVING SAID PARALLEL LINE SOUTtt 88°27'37'' \VEST FOR A DISTANCE OF 30.00 FEET TO AN INTERSECTION \VITtt TI tE SAID EASTEt~,LY LINE OF 'I'[ tI'~ SOUTIt\VEST QUARTER (S\V1/4) OF SECTION 21; TItENCE NORTIi 01°32'23" WEST ALONG SAID EASTF. RLY LINE FOR A DISTANCI.~ OF 890.00 FEET: TtfENCE I.I';AVING SAID EASTEIUoY LINE NOR'IH 89°51'48" WEST ALONG A LINI:. PARALLEL '~,qTIt Tile SOLYFHERLY LINE OF SAID SOUTHWEST QUARTER OF SECTION 21 FOR A DISTANCE OF 1350.98 FEET TO AN INTERSECTION WITIt Tilt.: EASTERLY I.INE OF TIlE \VEST ONE-ttALF (\\'1/2) OF 'I'I IE SAID SOUTI t\\'I'~ST QUARTER (SW]/4) OF SECTION 21; TItENCE NORTIt 01°52'47'' \VEST ALONG SAID EAS'I'['iRI.Y LINE FOR A DISTANCE ()F 621.76 FEET TO AN INTERSECTION WITII A I.INE 399.71 FEET NORTflERI.Y OF AND PARALLI:`I. \\TI'] t THE SOUTIIERLY LINE OF 'I'IIE NORTt-t ONE-I tAI.F (N 1/2) OF Tt SOUTH ONE-tIALF (SI/2) OF TI-IE NORTItWEST QUARTEP, (NXVI/4) OF TIlE SOUTltXVEST QUARTER (SWI/4) OF SAID SECTION 21; THENCE SOUTIt 89°57'13" W'EST ALONG SAID PARALLEL LINE FOR A DISTANCE OF 1304.52 FEET TO AN INTERSECTION \\qTtt A I.INE 50.00 FEET EASTERLY OF AND PAtLALLEL \VITtt TIlE WESTERLY LINE OF SAID SEC'I'ION 21. SAID LINE BEING TIlE EASTERLY RIGItT-OF-WAy LINE OF COUNTY ROAD C-90I; Page I of 5 '.: .~i~ ! 5' 1998 THENCE NORTH 02°1Y17'' WEST ALONG SAII) RIGItT-OF-WAY LINE FOR A DISTANCE OF 1473.46 FEET TO AN INTERSECTION WITIf A LINE 1752A5 [:EET SOU'FI IERI.Y OF AND PAILALI.EI. WITIt TI tE NORTI II'iRI.Y I.INE OF SAIl) S['X"I'IC)N 21; THENCE LF. AVtNG SAID EASTERI,Y RIGI t-/'-¢)F-'9,"A'~' I.INE NORTII 89°33'45TM I'iAS'I ALONG SAID PAP_ALI.EL LINE FOR A I)ISTANCIi OF 1588.50 FEET 'FO AN INTERSECTION WITIt TI IE SOUTt IERI.Y l. INli OF I~UI.K. ItEAI) LINE NO. 2 AS RECORDED IN PI.AT BOOK I, I'AGE 16 OF TIII'; I'[IBI,IC RF. CORDS OF COI.LIER COUNTY, FLORIDA; TItENCE SOUTIt 20°30'21.. EAST AI.ONG SAII) I.INF. FOR A DISTANCE OF 37.72 FEET TO A POINT OF CURVATURE; TttENCE SOUT} tERLY, SOU'II IEASTERI.Y, I.~AS'I ERI.Y. NORTI tliASTERI.Y AND NORTIIERI.Y CONTINUING AI.ONG SAID lANE AND AI.C)NG SAID CURVE. CONCAVE NORTttERLY, ItA\'ING A P, AI)IUS OF 400.00 FF..I';T. A CF.N'I'RAI~ AN(;I.Ii OF 157°43'50'' [:OR AN ARC I)[S'[ANCE O1:1 I01.17 FI!E-/ T() A ['¢)]NT OF RI:~VERSI'_' CURVATURE; TI tENCF. NORTI tF. RLY, NORTI IEASTF. IiI.Y, [:.ASTI!RI.Y, ANI) SOUTI tI'~AS'I'ERI CONTINUING ALONG SAID LINE AN[) ALONG SAIl) CUR\q:., CONCAVE SOUTtlEASTERLY, ttAVING A RADIUS OF 500.00 FI:.[:.-/', A CENTRAl. AN(il.l! OF 124°16'03'' FOR AN ARC DIS'I'ANCE OF 1084.44 FEET TO A POINT O[: TAN('-iI~NC'Y: TItENCE SOUTIt 53°58'08'' EAST FOR A DISTANCE OF 505.81 FEE'I"I'O AN INTERSECT/ON \VITIt 'file \\'ESTERLY LINt£ OF LANI)S DESCRIBED IN OFFICIAl. RECORD BOOK 1355, PAGE 1011. PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; TItENCE SOU-I'tt 00°39'10'. EAST ALONG SAIl) \VESTERI.Y LINE FOR A DISTANCF. OF 1066.03 FEET TO TIlE SOUTttWEST CORNER OF SAID LANDS; TttENCE NORTH 89°20'50'' EAST ALONG TIlE SOUTHERLY LINF. OF SAIl) I.ANI)S FOR A DISTANCE OF 50.00 FEET TO AN INTERSECTION \VITtl TIlE \V'ESTIiRI.Y I.INE OF WALKERBILT ROAD AS DESCRIBED IN DEED BOOK 33, PAGE 279, I'tJBI.IC RECORDS OF COLLIER COUNTY, FLORIDA: THENCE SOUTtt 00°39'10" EAST ALONG SAID WESTERI,Y LINE FOR A DIS'TANCE OF 60.00 FEET TO AN INTERSECTION ',,~qTIl TIlE SOUTItERLY LINE OF SAID W'ALKERBILT ROAD; "I'ItENCE NORTH 89°20'50" EAST ALONG SAID SOUTttERI.Y I.INF. FOR ,,\ I)ISTANCI! OF 600.21 FEE'/'; THENCE NORTIt 89021'48'' EAST CONTINUING ALONG SAID SOUTItERI. Y LINE I:O1.~ A DISTANCE OF 731.07 FEET TO TIlE NORTI t\VEST CORNER OF I.,,\NDS I)F. SCI{II3EI) IN OFFICIAL RECORD BOOK 1219, PAGE 1672. PUBLIC RECORDS OF COI.I.IER COUNTY, FLORIDA; TItENCE SOUTH 00043'07.. EAST ALONG Tt tE WESTERLY LINE OF SAIl) I.ANDS FOR A DISTANCE OF 300.00 FEET; THENCE NORTtt 89021'48" EAST ALONG TIlE SOUTItERLY I.INE OF SAID I.ANI)S FOR A DISTANCE OF 300.00 FEET TO AN INTERSECTION \~qTH TIlE WES"I'ERLY Page 2 of 5 ,..- ...... ,~.,,, .-: !-i / .¢' 1998 RIGttT-OF-WAY LINE OF TAMIAMI TILAII, ([I.S. 41, S.R. 45~; TttENCE SOUTtt 00°4Y07'' EAST ALONG SAIl) WESTERI.Y P, IGItT-OF-\VAy I,IN[.: Ff)I A DISTANCE OF 505.65 FEET; THENCE LEAVING SAID WESTERLY LINE SOUTll 89016'53.' \VEST F()R A DISTAN(?t! OF 55.53 FEET TO A POINT OF CURVATURI£: THENCE NORTH\VESTERLY ALONG SAID Ct ]R\'li, CONCAVI-~ NORTI IEASTERI.Y. HAVING A RADIUS OF 250.00 FEET, A CENTRAL ANGI.F. OF 62°55'02'' FOR AN AlU; DISTANCE OF 274.53 FEET TO A POINI' ¢)F INTF. RSI.:CTION \VITII A NON-TANGENT LINE; TttENCE SOUTIt 00°09'30" WF, ST FOR A DISTANCE OF 631.93 FEET; THENCE NORTtt 89°50'30'' WF.S'[ FC)R A I)IS'I'AN¢~I'~ (~I' 154.92 FF.F.T; THENCE SOUTH 00009'30.. WI.;ST FOR A DISTANCE OF 5.00 I:I';I-]T; TttENCE NOR'FIt 89"50'30" WEST FOR A DIS'I'ANCE OF 801.92 FEF. T; TI tENCE S()UTII 00"42'02" EAS'F FOR A I)ISTAN(.'Ii ()F 12 I(i.8:7 FEI.7I' TO) TI t1! I'()IN'I' OF BEGINNING: CONTAINING 244.233 ACI,'.I!S OI: I.AND, MOP, Ii OR I.I!SS. SUBJECT TO ILASF. MF. NTS AND RESTRIC'I'IONS ()I.' tit.:('()l([). I'ARCEI~ NO. 2 A PARCEL OF LAND LYING IN SECTION 2I. TO\VNSItlI' 48 SOUTIt, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, SAID PARCEI. OF I.AND FIEING MORE PARTICUI.ARLY DESCRIBED AS FOLLOWS. COMMENCING AT TIlE NORTItEAST CORNER OF TIlE SOUTHEAST QUARTER (SE 1/4) OF SAID SECTION 21; TttENCE SOUTIt 89:50'41'' \VEST ALONG ]'III! NORTt tERI. Y LINE OF SAID SOUTItEAST QUARTER (SE 1/4) FOR A DISTANCE OF 818.47 FEET; THENCE LEAVING SAID NORTItERI.Y LINE NORTIt 00°40'47'. WES7' FOR A DISTANCE OF 12.87 FEET TO AN INTERSECTION \VITIt TIlE NORTItERLY I.INE OF WALKERBILT ROAD, THE POINT OF BEGIN,~ING OF TIlE ttEREIN DESCRIBED PARCEl. NO. 2; ttENCE SOU'I'ft 89~2 I'48'' \VEST ALONG SAIl) NORTI tERLY I.INE FOR A I)ISTANCE OF 356.00 FEE'/' TO AN INTERSECTION WITIt A 1.INE I'ARAI. LEI. WITtt TIlE WES'I'ICRI.T RIGHT-OF-WAY LINE OF TAMIAMI TRAIL (U.S. 41 - S. R. 45 ): THENCE LEAVING SAID NORTHERLY LINE NORTIt 00:40'47" WEST ALONG SAID PA~LLEL LINE FOR A DISTANCE OF 599.13 FEET TO AN INTERSECTION WITIt TIlE SOUTI4ERLY L~E OF BULKHEAD LINENO. 3, AS RECO~ED IN PLAT BOOK 1, PAGE 16, PUBLIC ~CO~S OF COLLIER COUNTY, FLORIDA, BEING A POINT OF INTERSECTION WITIt A NON-TANGENT CURVE FROM WHICH TIlE ~DIUS POINT BEARS NORTtf 20056'08'. EAST; THENCE EASTEI~Y ALONG SAID SOUTHERI. Y LINE AND ALONG SAID CURyE, Page 3 of 5 CONCAVF. NOICI'IIERLY, ItAVIN(i A RADIUS OF 400.00 FEET, A CENTRAl. AN(}I.f~ 53003'24" FOR AN ARC DISTANCE OF 370.41 FI!F.T TO A POINT OF INTEItS[~C'TION A NON-TANGENT LINE g, qllClt IS I'AItAI.I.F.I. \VITIt TIlE AFOI~,I.;SAII) \VI'~S'I'I.~RI.'f RIGItT-OF-WAY LINE OF TAMIAMI TtLAII. (U.S. 41 - S. tt 45): THENCE SOtJTtt 00°40'47'' EAST ALONG SAIl) PAR,\hI.Iil. I,INE I:¢3I~, .,\ I)IST,\N(7I( 5/t. 630.00 FEET TO TIlE POINT OF BEGINNING; CONTAINING 4.790 ACRES OF LAND, MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. COMMIiN('IN(i A'I 'l'1115 S¢)IJ'I I IIiAST £7()RNt-;I~, r)l. SAID SIiC"I'ION 21: TI ll-:N('li N¢)ICI'I 1 89°50'30'' \VF, ST Al ,ON(' i TI Il'; S¢~1J'[ I tl:,l{l .Y I,I.NI.i (' ii: '1 lie S( .}[ l'l'l tl.;A ST QUAICI'I.;V, (SI.: 1/4 ) OF SAID SECTION 21 FOR A DIS'I'ANCI:~ OF 995.63 FEET; TItENCE LFAVING SAID SOUTttERi. Y LINE NORTtt 00°09'30.. EAST FOP, A DISTANCE OF 100.00 ]:f':ET T¢) AN INTERSECTION \V'ITtt A LINE 100.00 FEET NORTI tERI.Y OF AND PARAI.LEL \VI'I'll TI SAID SOUTHERLY LINE OF TIlE SOUTIIEAST QUARTER (SEI/4) OF SECTION 21. TIt\:. POINT OF BEGIN:4ING OF TttE I tEREIN DESCRIBED PA[~,CEL NO. I: AI.ONG SAID PAI~,.,XLLEI. LINE FOR A DISTANCE OF THENCE NOR1'tf 89o50'30,' \VEST 401.04 FEET: THENCE LEAVING SAID PARAIA.EL LINE NOItTIf 00~'42'02'' \VEST FOlt A DISI*ANCE OF 1210.87 FEET; THENCE SOUTIt 89050'30'. EAST FOR A DISTANCE OF 801.92 FEET: THENCE NORTtt 00009'30'. EAST FOR A DISTANCE OF 5.00 FEET; THENCE SOUTtt 89050'30'. EAST FOR A DISTANCE OF 154.92 FEET: TItENCE NORTH 00°09'30" EAST FOR A DISTANCE OF 631.93 FEET l'O A I'OINT OF INTERSECTION \VITH A NON-TANGF. NT CUP, VE FROM \VItlCtt Tltli RAI)I[JS BEARS NORTIf 6711'56" EAST; THENCE SOUTItEASTERLY ALONG SAIl) CUR\rE, CONCAVE NORTtlEASTF~R[.'~'. HA\rING A RADIUS OF 250.00 FEET, A CENTRAL ANGI.E OF 62°55'02" FOR AN ARC DISTANCE OF 274.53 FEET TO A POINT OF TANGENCY; THENCE NORTtt 89°16'53'' EAST FOR A DISTANCE OF 55.53 FEET: TltENCE SOUTIt 00°43'07" EAST FOR A DISTANCE OF 505.08 FEET: THENCE NORTtt 89050'30.. 'C/EST FOR A DISTANCE OF 442.82 FEET: THENCE SOUTtt 45°09'30'' \VEST FOR A DISTANCE OF 151.26 FEET: THENCE SOUTH 00°09'30'' \\rEST FOR A DISTANCE OF 100.00 FEET: THENCE SOUTH 45o09'30.. V~ST FOR A DISTANCE OF 200.00 FEEl': Page 4 of 5 1998 TttENCE SOUTlt 00°09'30'' WEST FOR A DISTANCE OF 390.00 FEET; I'ttENCE SOUTIt 45009'30'' WEST FOR A DISTANCE OF 190.00 FEET; THENCE SOUTIt 00009'30'. WEST FOR A DISTANCE OF 338.00 FEET; TO TIlE POINT OF BEGINrNING; CONTAINING 18.415 ACRES OF I.AND, MORE OR I.ESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. Page 5 of 5 I '., tr~_.~ 4 Al; C~.D,.,,.,C:. .................. --~ .... AND '= ............ C~SE ~ iNCLUDES '== ,' ' THE UNINCORFCFATED AFFA CF COLLIER ~OUNTY, ~,~.,u .... CFFiZiAt ZONIN~ ATLA? XA~ ~ 852!N AND 8521S; BY '= ..... ::G THE { . :o CLASSIFiCATI2:; CF THE HEREIN DESCRIBES REAL · ?~'.. ~. . t~ -. ~ROPERTY FROM "A" RURAL AGRICULTURE TS "PUD" ~: 'PUD" TO "PUD" PLANNE- UNiT DEVELOPMENT K:;OW:; COLLIER TRACT 21, FOrMErLY BEACHWAY PUD, FOP A GOLF COURSE A~;5 ACCESSD~Y AND '"~ ........ FACILITIES iNCLUDiNG A CLUBHOUSE, 50,000 FEET OF C-] <:OMMERC:AL USES AND/OR A }{O75L O'.; PROPERTY LOCATED BETWEEN U.S. 41 ON THE EAST AND VANDERBILT LP~VE ON THE WES!, LYING NORTH OF ~ ~9 AVENUE AND ...... OF THE ~.H CCCOHATCHEE RIVE~, ,~,.,Sn,P 4~ SOUTH, PANGE ~ EAST, COLLIER COU':'v-- . .., .~LC~iSA,. CO,,S,~,I,,G OF 26~,44' AC~E$1 P~,~,.,.~ FCF THE ~Ef'EAL OF ~E~,~A~,.R~"~ruce ~r,~ers~n ~f 'f:un~, van Assenzerp 4o 5e';elc:ment. Cc~e, are ..e.e,/~ - ~' arer. Je~ a.rrcrdir, siy. 42 O ..... a.,.e ::umser 3{-~, ~nswr. as 5eachway aGc~%ez or. June 5, 43 1990 by ?~e Board cf County Ccrr. lssisr, ers -~f Collier Sounty, . 44 here~y repealed in its 45 I DEC 1998 ~ PAS~' .... *~ ,.,. ..,- .~ . ......... FLOR;CA ~2 ATTEST: 14 5A~APA 5. 5E~':', ~ :~ . ~' I~ [ ,.. COLLIER TRACT 21 A PLANNED UNIT DEVELOPMENT PREPARED BY: YOUNG. VAN ASSENDERP & VARNADOE, P,A. 801 LAUREL OAK DRIVE. SUITE 300 NAPLES, FLORIDA 34108 November 5, 1998 O DATE FILED: DATE REVISED: DATE REVIEWED BY CCPC: DATE APPROVED BY BCC: ORDINANCE NUMBER: 5E~, I ~ 1998 TABLE OF CONTENTS SECTION I PROPERTY OV,%'ERSHIP AND DESCRIPTION SECTION II PROJECT DEVELOPMENT REQUIREMENTS SECTION III COMMERCIAL SECTION IV GOLF COURSE AND I.AKES SECTION V RESERVE SECTION VI GENERAL DEVELOPMENT COMMITMENTS EXHIBIT "A" PUD MASTER PLAN 1998 SECTION I PROPERTY OWNERSHIt' AND DESCRII'TION (~ 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions oflhe property proposed to be developed under the project name of Collier Tract 21 Planned Unit Development. 1.2 I.EGAI. DESCRII'TI()N i'ARCEI, NO. 1 A PAP, CF.[. OF LAND I. YING IN SECTION 21, TO\\'NSItlI' 48 SOUT[I. R. AN(;I'~ 25 [LAST. COLLIER COUNTY, FLORIDA. SAID PARCEL OF LAND BEING MORE PARTICULARI.Y DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTttEAST CORNER OF SAID SECTION 21; TI tENCE NORTtt 89050'30.. WEST ALONG TIlE SOUTItERLY LINE OF 'FILE SOUTttEAST QUARTER (SEI/4) OF SAID SECTION 21 FOR A DISTANCE OF 995.63 FEET; TttENCE LEAVING SAID SOUTtlERLY LINE NORTH 00~09'30" EAST FOR A DISTANCE OF 100.00 FEET TO AN INTERSECTION WITlt A LINE 100.00 FEET NORTHERLY OF AND PA~LLEL WITH THE SAID SOUTHE~Y LINE OF THE SOUTItEAST QUARTER (SE1/4) OF SECTION 21; THENCE NORTtt 89°50'30' WEST ALONG SAID PA~LLEI. LINE FOR A DISTANCE OF 401.04 FEET TO TIlE POINT OF BEG[~ING OF THE HEREIN DESCRIBED PARCEL NO. I; THENCE NORTH 89050'30" WEST CONTINUING ALONG SAID PA~LLEL LINE FOR A DISTANCE OF 1260.82 FEET TO AN INTERSECTION WITIt A LINE 30.00 FEET EASTERLY OF AND PARALLEL WITtt TIlE EASTERLY LINE OF THE SOUTHWEST QUARTER (SW1/4) OF SAID SECTION 21; TItENCE NORTtt 01032'23" WEST ALONG SAIl) PAtCALI.EL LINE FOR A DISTANCt~ OF 440.86 FEET; THENCE LEAVING SAID PA~LLEL LINE SOUTtl 88~27'37' WEST FOR A DISTANCE OF 30.00 FEET TO AN ~TERSECTION WITH TtIE SAID EASTERLY LINE OF ]'tiE SOUTHWEST QUARTER (SWI/4) OF SECTION 21; THENCE NORTH 01 °32'23" WEST ALONG SAID EASTERLY LINE FOR A DISTANCE OF 890.00 FEET; THENCE LEAVING SAID EASTE~Y LINE NORTH 89°51'48" WEST ALONG A LINE PA~LLEL WITH THE SOUTHE~Y LINE OF SAID SOUTHWEST QUARTER OF SECTION 21 FOR A DISTANCE OF 1350.98 FEET TO AN INTERSECTION WITH T[IE BEC 1998 EASTERLY LINE OF TIlE WEST ONI.i-IIAI,F (WI/2} OF TIlE SAIl) SOU'FItWEST QUARTER (SWI/4) OF SECTION 21: THENCE NORTtt 01°52'47'' WEST ALONG SAID EASTF, RI.Y I.INE FOR A DISTANCI.:. 621.76 FEET TO AN INTERSECTION WITtt A I,INE 399.71 FEET NORTIIERI,Y OF AN[) PARALt. EL WI'FIt "['lie SOUTitERI.Y I,INE ()F 'I't Iii N()R'I II ONIM IAI,F IN1/2> ()I: Till! SOUTH ONE-HALF IS 1/2) OF TttE NORTItWF, ST QUARTER (N\V 1/4) OF TI-IE SOUTHWEST QUARTER (SWI/4) OF SAID SECTION 21; TItENCE SOUTIt 89"57'13" WF, ST AI,ON(i SAII) PARAI,LEI, LINE FOR A DISTANCE OF 1304.52 FEET TO AN INTERSECTION WITIt A I.INF. 50.00 FEET EASTERLY OF AND PARALLEL WITtt TIlE WESTERLY LINE OF SAIl) SECTION 21, SAID I,INE BEING TIlE EASTERLY RIGHT-OF-WAY LINE OF COUNTY ROAD C-901: THENCE NORTIt 02°13'17" WEST ALONG SAIl) RIGItT-OF-WAY I.INE FOR A DISTANCE OF 1473.46 FEET TO AN INTf-iRSI'~CTION \VITII A I,INE 1752.45 FEET SOI. JTItERI.Y OF AND PARAI,I.EI, WITll TIIF. N¢)RTIIERI,Y I.[NI! OF SAII) SI!('TION 21; TI tENCE I.EAVING SAIl) I~AS'I'IiRI,Y RI(il I'I'-OI.-WAY LINE NORTIt 89*33'45" EAST ALONG SAID PARAI.I,EI, I,INI:, FOR A I)ISTANCE OF 1588.50 FF. ET TI) AN INTERSECTION WI'I'll 'DIE SOUTHERLY LINE OF BULKItF, AD I,INF, NO. 2 AS RECORDI:.I) IN PI,AT BOOK 1, I'AGF. 16 OF Tllli I'IJBI,I(' RE('ORI)S ()F COUNTY, FLORIDA; TItENCE SOU'I'] l 2U'30'21" EAST AI,ONG SAIl) LINE FOR A I)IS'I'AN£'[! OF 37.72 FEE'I TO A POINT OF CURVATURE; THENCE SOUT}tERLY, SOUTHEASTERLY, EASTERLY, NORTttEASTERI.Y AND NORTIIERLY CONTINUING ALONG SAID LINE AND ALONG SAID CURVE. CONCAVE NORTttERLY, ttAVING A RADIUS OF 400.00 FEET, A CENTRAI, ANGI.F_ OF 157043'50.. FOR AN ARC DISTANCE OF 1101.17 FEET TO A I'OINT OF REVERS t'~ CURVATURE: THENCE NORTttERLY, NORTItEASTERLY, EASTERI. Y, AND SOUTttEASTERI,Y CONTINUING ALONG SAID LINE AND ALONG SAID CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 500.00 FEET, A CENTRAL ANGI.E OF 124o16'03" FOR AN ARC DISTANCE OF 1084,44 FEET TO A POINT OF TANGENCY; Tt-tENCE SOUTIt 53058'08'' EAST FOR A DISTANCE OF 505.81 FEET TO AN INTERSECTION \VIT}I TIIE \VESTERLY I,INE OF LANDS DESCRIBED IN OFFICIAl. RECORD BOOK 1355. PAGE 1011.1'UBLICREC()RDSOFCOI.I.IERCOI. JNTY. FLORIDA; THENCE SOUTIt 00°39'10" EAST ALONG SAID \VESTERLY LINE FOR A DISTANCE OF 1066.03 FEE]' TO TIlE SOUTttWEST CORNER OF SAID LANDS: THENCE NORTtt 89°20'50'' EAST ALONG TltE SOUTItERLY 1.INF. OF SAID I.ANDS FOR A DISTANCE OF 50.00 FEET TO AN INTERSECTION WITlt THE WESTERLY I.INE OF WALKERBILT ROAD AS DESCRIBED IN DEED BOOK 33. PAGE 279. PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA; THENCE SOUTH 00°39'10'' EAST ALONG SAID WESTERLY LINE FOR A DISTANCE OF 60.00 FEET TO AN INTERSECTION WITH THE SOUTHERLY LINE OF SAID WALKERBILT ROAD: THENCE NORTtt 80°20'50.. F. AST AI,ONG SAID SOUTitERI, Y I,INE I:()t~ A I)IS'I'AN¢'[:. OF 600.21 Ft';ET: 1'11ENCE NOP, TI! 89°21'48'' EAST CONI'INUING ALONG SAIl) SOUTI tERI,Y LIN1'; I:()R A DISTANCE OF 731.07 FEEl' TO TIlE NORTHWES1' CORNER OF I,ANDS DESCRIIStiI) IN OFFICIAL RECORD BOOK 1219, PAGE 1672. PUBI,IC RI!CORDS OF COLI.IEI{ COUNTY. FI,ORIDA; TttENCE SOUTtt 00°43'07" EAST ALONG 'FILE WF, STERLY LINE OF SAID I,ANI)S F¢)R A DISTANCE OF 300.00 FEET; THENCE NORTIt 89021'48'' EAST ALONG TIlE SOUTItF. RI.Y LINE OF SAID I,ANI)S FOR A DISTANCE OF 300.00 FEET TO AN INTERSECTION WITH TItE WEST['~RI~Y RIGHT-OF-WAY LINE OF TAMIAMI TRAIl, (U.S. 41. S.R. TltENCE SOUT}t 00°4Y07'' EAST ALONG SAII) \VESTF. RI.Y RI(;I 1'F-OF-WAY I,INI'~ FOR A I)ISTANCE OF 505.65 FEE]'; I'IIENCI'~ I.I:,AVINfi SAIl) WI:,S'I'I.JU,Y I,INE S()IJ'['tl 89' 16'53" \VENT F()I~, A I)ISTANCIi OF 55.53 FEET TO A POINT OF CURVATURI'~: TI IENCE NORTI IWESTEIU,Y ALONG SAIl) ('l IRVE. ('ONCAVIi NORTt 1F, ASTI!RI.Y. ]lAVING A RADIUS OF 250.00 FEET. A CF, N'I'RAI. ANGI.I! ¢)F 62'~55'02'' FOR AN Al{(' DISTANCE OF 274.53 FEET TO A POINI' ()F INTERSECTI()N \VITII A NON-TAN(itiNT LINE; THENCE SOUTH 00°09'30'' WEST FOR A DISTANCE OF 631.93 FEET: THENCE NORTH 89050'30'. WEST FOR A DISTANCE OF 154.92 FEET: TlfENCE SOUTIt 00°09'30'' WEST FOR A DISTANCF. OF 5.00 FEEl': TI-IENCE NORTH 89°50'30" WEST FOR A DISTANCE OF 801.92 FEET: THENCE SOUTIt 00~42'02'' EAST FOR A DIS'FANCF. OF 1210.87 FF. ET TO TIlE }'OINT OF BEGINNING: CONTAINING 244.233 ACRES OF LAND, MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. PARCEl, NO, 2 A PARCEL OF LAND LYING IN SECTION 21. TOWNSItll~ 48 SOUTII. P, ANGF. 25 EAST. COI.I.IER CO!.J'NTY. FI,ORIDA. SAID PAP,('['TI. OF [.AND BEING MORE PARTI('III.ARI.Y DESCRIBED AS FOLLOWS: COMMENCING AT 'FILE NORTI lEAST ('()P, Nt!R ()F Till: S()UI'IIEASI' QUAR'I't£ti (SE 1/4) OF SAID SECTION 21; TItENCE SOUTtl 89°50'41'. WEST ALONG Till:. NORTHERLY LINE OF SAID SOUTItEAST QUARTER (SE 1/4) FOR A DISTANCE OF 818.47 FEET; THENCE LEAVING SAID NORTHERI, Y LINE NORTIt 00°40'47'' WEST FOR A DISTANCE OF 12.87 FEET TO AN INTERSECTION WIT]t TttE NORTttERLY I.INE OF WAI, KERBILT ROAD. THE POINT OF BEGINNING OF THE t tEREIN DESCRIBED I'A P, Ct'-~I. NO. 2: 3 I TttENCE SOU'Ftt 89°2 !'48" WES'F ALONG SAID NORTHERLY LINE FOR A l)lS'l ANCF. 356,00 Fl:ET TO AN INTERSECTION WITtt A LINE P,,\RAI. I.EL WITtt TIlE WI!STIiRI.Y RIGttT-OF-WAY LINE OF TAMIAMI TRAIl. (U.S. 41 - S. R. 45 ); TttENCE LEAVING SAID NORTHERI.Y LINE NORTtt 00°40'4?" \VEST AI.()N~; PARALLEL LiNE FOR A DISTANCE OF 599.13 t:EI~T TO AN INTERSECTION \VITtl SOUTHERLY LINE OF BULKHEAD LINE NO..3, AS RECORDED IN PLAT BOOK I. PAGE 16, PUBLIC RECORDS OF COLLIER COUNTY, FI.ORIDA, BEING A POINT OF INTERSECTION WITH A NON-TANGF. NT ('IJRVF. FROM \VttlCH TIlE RADIUS t'OIN~I' BEARS NORTH 20°56'0g'' EAST; THENCE EASTERI.Y ALONG SAIl) SO1;'I'ISF. RI.Y I.INF. AND AI.ONG SAID CURVE. CONCAVE NORTHERI.Y, tSAVING A RADII IS f)F 400.00 FEET, A CENTRAl. ANGI.I:. OF 53°0Y24'' FOR AN ARC DIS'lANCE OF 370.41 FF. ET TO A POINT OF INTERSECTION \VITt t A NON-TANGENT I.INE WItlCII IS I'ARAI,I.I.~I, \VI'Ill 'lltli AF(~RI';SAID \VF.S'I'F. RI.Y RIGItT-OF-\VAY LINE OF TAMIAMI TRAIl, fU.S. 41 - S. R 45); TttENCE SOU'FII 00"40'47" EAST AI,ONG SAID PARAI.I.I';I. I.INF. FOR A DISTANCF. OF 630.00 FEF. T TO 'I'15I:. POINT OF BEGINNIN(i; CONTAINING 4.790 ACRES OF LAND. MORE OR LESS. SUf½JF. CT TO F. ASEMENTS AN[) RI.iSTRICTIONS OF RI!('f)RD. PARCEL NO. 3 A PARCEL OF LANL) LYING IN SECTION 21. TO\VNSttlP 48 SOUTIt. RANGE 25 EAST. COLLIER COUNTY. FLORIDA. SAID t'ARCEI. OF LAND BEING MORE PARTICUI.ARI.Y DESCRIBED AS FOI.I.OWS: COMMENCING AT ]'tie SOUTHEAST CORNF. R OF SAID SECTION 21: TtlENCE NORTt-I 89°50'30'' \\'EST ALONG Tt IE SOUTHERI.Y LINE OF TI SE SOUTI tEAST QUARTER (SE 1/4) OF SAID SECTION 21 FOR A DISTANCE OF 995.63 FEET: TttENCE I.EAVING SAID SOUTHERi. Y LINE NORTH 00°09'30'' EAST FOR A DISTANCE OF I00.00 FEET TO AN INTERSECTION WlTIt A LINE 100,00 FEET NORTItERLY OF AND PAIL4LLEI. WITIt TIlE SAID SOUTttERI.Y LINE OF TIlE SOUTttEAST QUARTF. R (SEI/4) OF SECTION 21. TIlE POINT OF BE{(ilNNING 05: TtSE IIERF. IN DESCI<II~[~I) PAR(,EL NO. I; TI IENCE NORTtt 89:50'30'' WEST ALONG SAIl) I':\RAI.I.EI. I.INE F()R A I)IS'I'AN('_'I! OF 401.04 FEET: THENCE LEAVING SAID PARALLEL I.INE NORTH 00042'02.' \\'EST FOR A DISTANCE OF 1210.87 FEET; ]'HENCE SOUTH 89°50'30.. EAST FOR A DISTANCE OF 801.92 FEET; THENCE NORTIt 00o09'30'' EAST FOR A DISTANCE OF 5.00 FEET; THENCE SOUTH 89050'30'' EAST FOR A DISTANCE OF 154.92 FEET; TttENCE NORTH 00009'30'. EAST FOR A DISTANCE OF 631.93 FEET TO A POINT OF INTERSECTION \VITH A NON-TANGENT CURVE FROM WHICH 'FILE RADIUS I'OINT BEARS NORTtt 62°11'56" EAS'F: THENCE SOUTItF_,ASTERLY ALONG SAIl) CURVL:, CONCAVE NORTtlEAS'FERi,Y. HAVING A RADIUS OF 250.00 FEET. A CENTRAL ANGI,F, OF 62°55'02.. FOR AN ARC DISTANCE OF 274.53 FEET TO A POINT OF TANGENCY; ~ TItENCE NORTtt 89°16'53" EAST FOR A DISTANCE ()Ir: 55.53 FF. ET: TttENCE SOUTtt 00°43'07.. EAST FOR A DISTANCE OF 505.08 FEEl: TttENCE NORTIt 89°50'30'' WEST FOR A DISTANCE OF 442.82 FEET TItENCE SOUTH 45009'30" WEST FOR A DISIANCF. OF 151.26 FEET' TttENCE SOUTH 00009'30.' WEST FOR A DISTANCE OF 100.00 FEEl' THENCE SOUTH 45009'30.. WEST FOR A DISTANCE OF 200.00 FEET' THENCE SOUT}I 00009'30.. WEST FOR A DISTANCE OF 390.00 FEET' THENCE SOUTtt 45009'30" WEST FOR A DISTANCE OF 190.00 FEET' THENCE SOUT}t 00009'30.' WEST FOR A DISTANCE OF 338.00 FEET' TO THE POINT OF BEGINNING; CONTAINING 18,415 ACRES OF I,AND. MORIi OR I,ESS. SUBJECT TO EASI.LMI£NTS AN[) RI-iSTRI('TI()NS OF RECORI). 1.3 PROPERT'¢ OWNF. RSttlP 'r-he subject properly is currently owned by Collier Development Corporation. 3003 Tamiami Trail North, Naples, Florida 34103, GENF. RAL DESCRIPTIONS OF THE PROPERTY A. The project site is located between U.S. 41 on the eastern border and Vandcrbilt Drive on the western border, lying north of 111 th Ave. and south of the Cocohatchee River. B. The zoning classification ofthe subject property prior to the date of this approved PUD document was PUD Ordinance No. 90-45 and A - Agricultural. 1.5 PftYSICAI, DESCRIPTION The project site is a mixture of range land. upland forests, barren land and wetlands. Thc wetlands border the Cocohatchee River to thc north. Several small isolated seasonal wet prairies are found on the site. Elevations range from 3.0 to I0.0 feet with the highest elevations on the southeast comer of the property which from there slopes downv.'ard to the northwest and the river. The soils arc a species of fine sands (Ar-zell, Charlotte. Immokalee. and St. Lucie) and mangrove swamp along the river. ,tGF '.D& I~ 5 "° E C i ...¢ 1998 1.6 STATI-~MF. NT OF CONSISTENCY \\;ITit 'FILE GROWTtt MANAGF. MENT PI.AN The development of Collier Tract 21 as a Planned Unit Development is consistent with the planning goals, objectives and policies of Collier County's Growth Management Plan and complies with pertinent implementing ordinances. This PUD represents a reduction of density, intensity and resultant impacts from thc 800 dwelling units authorized in Ordinance No. 90-45 to no dwelling units. The 3.4 acre Commercial Tract "C" is considered to be within thc Activity Center by virtue of(he Activity (.;enter 75% Rule of(he Future Land Usc Element. and is. therefore, consistent wilh thc (;.rowth Management Plan. Tract "C" is a portion of Parcel 3, a separate tax parcel that includes and overlaps the Activity Center. which is legally described in Section 1.2 of the PUI) document. Consistency with the goal requiring ,.','ell planned and compatible land uses and objectives v,'hich establish density levels are designated in thc plan. 'I he proposed project furthers these standards including the use of creative PIJD design with useable open space. 1,7 SttORT TITLE This Ordinance shall be knov,'n and cited as the Collier Tract 21 P.U.D. SECTION II PROJECT DF. VI-:LOPMENT REQUIREMENTS 2.1 PURPOSE The purpose of this Section is to delineate and gcncrally dcscribe thc project plan development, relationships to applicable County ordinances, the respective land uses of thc tracts included in the project, as well as other project relationships. 2.2 GENERAl. A. Regulations for development ofthe Collier Tract 21 PUl) shall be in accordance with tile contents of this document, PIJD-Planned Unit Development District. applicable sections and parts ortho Collier Count.,,' Land Development Code and Collier County (irm.,,~.h Management Plan in effect al thc time of local final development order or building permit application. Where these regulations fail to provide developmental standards, then the provisions of thc most similar district in thc (.;oilier County [.and Development Code shall apply. B. Unless otherwise noted, thc definitions of all terms shall be thc same as the definitions set forth in tile Collier County Land Development Code in effect at thc date of adoption of this PUD. C. All conditions imposed and graphic material presented depicting restrictions for the development of the Collier Tract 21 PUD shall become part of the regulations which govern the manner in v,'hich the PUD site ma.,,' be developed. D. Unless spccifically waived through an.',' variance or waiver provisions from an.,,' other applicable regulations, the provisions ofthosc regulations not otherwise providcd for in this PUD remain in full force and effect. E. Development pemlitted by the approval of this petition ,.,,'ill be subject to a concurrency review under the provisions of Division 3.15 Adequate Public Facilities of the Collier County Land Development Code at the earliest, or next. to occur ot' either Final Site Development Plan npproval. Final Plat approval, or building permi~ issuance applicable to this development. F. Count.,,' open space requirements for the Collier Tract 21 PUD are deemed satisfied bv the golf course, and no separate open space requirements shall be applied to tile Commercial Tract. 1998 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The project Master Plan is illustrated graphically by Exhibit "A". PUD blaster Plan. There shall be four (4) land use parcels. The master plan also includes waler management systems. The project parcels will be grouped according to the following land use categories: l.and Use Tracts "G': Golf course.+170.5 acres C" Commercial. 50,000 square feet of gross leasable area/one hundred (I 00) hotel or motel rooms, +3.4 acres "L": Lake, m29 acres "RS": Reserve, z64,5 acres TOTAl. +267.4 acres B. In addition to the various areas and specific items shown in Exhibit "A", easements such as (utility, private, semi-public! shall be established and/or vacated within or along the property, as may be necessary.. C. Minor modifications to Exhibit "A". ma.,,' be permitted at the time of Site Development Plan approval, subject to the provisions of Section 2.7.3.5 of the Collier County Land Development Code or as otherwise permitted by this PUD Document. 2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. Exhibit "A", PUD Master Plan, constitutes the required PUD Development Plan. Except as othem'ise provided within this PUD Document. an)' division of the property and thc development ofthe land shall be in compliance with the SubdMsion Regulations and the platting laws of the State of Florida. B, The provisions of Division 3.3. Site Development Plans of the Land Development Code, when applicable, shall apply to the development ofall platted tracts, or parcels of land as provided in said Division 3.3 prior to the issuance ora building permit or other development order. BEC t 5' 1998 C. Appropriate instruments will be provided at the time ofinfrastructural improvements regarding any dedications and the methodology for providing perpetual maintenance of common facilities. 2.5 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD as provided in Section 2.7.3.5 of the Land Development Code. Prior to the recording of any Record Plats. final plans of the required improvements shall receive the approval of all appropriate Collier Count.,,' governmental agencies to insure compliance with the Master Plan, the County Subdivision Regulations and the platting laws of the State of Florida. 2.6 LANDSCAPE BUFFER There shall be a 15 foot vegetative buffer provided along U.S. 41. Illth Avenue North. Walkerbilt Road and Vanderbilt Drive at the project boundaries. Within this buff'er, project landscaping and perimeter treatments provided in Section 6.15 of this I'UD, including a combination of walls or fences and berms up ~o 14 feet in height, no more than 8 feet of ,.,.'hich ma.,,' be ,,,,'all or fence, shall be allowed..Ifa parallel road is constructed along U.S. 41. there shall be no separate or additional landscape buffer requirements applied to said parallel road. 1998 SECTION III COMMERCIAl. 3.1 PURPOSE The purpose of this section is to identify specific development standards for the ar::a to be developed on Exhibit "A" as Tract "C" Commercial. 3.2 MAXIMUM SQUARE FOOTAGE A maximum of 50.000 square feet of gross leasable area ma)' be constructed on Tract "C". Ifa hotel with accessory uses is developed on Tract "C". the maximum square footage shall be reduced by 225 square feet for ever3' hotel room. 3.3 USES PERMITTED No building or structure, or part thereof shall be erected, altered or used, or lands used, in whole or part, for other than the following: A. Principal Uses 1. All uses allowed as permitted and conditional uses in the C-3 zoning district as of the effective date of thc Collier Tract 21 PUD ordinance. 2. Itotels and motels not to exceed 100 units. 3. An)' uses permitted on GolfCourse and Lake Tracts. 4. Any other use which is comparable in nature with the foregoing uses which the Planning Sen'ices Manager determines to be compatible with the intent oftrfis PUD district. I3. Accessory. Uses 1. Customar3' accessory uses including meeting rooms and sit down restaurant for hotel and motel. 3.4 DEVELOPMENT STANDARDS A. General: All yards and setbacks shall be in relation to individual parcel boundaries. B. Minimum Lot Area: I0,000 square feet. C. Minimum Lot Width: 75 feet D. Minimum Yards: Front yard: 25 feet; 30 feet on U.S. 41 plus 5 feet fi~r each story in excess of one story. Side yard: 15 feet. Rear yard: 15 feet. Any' yard abutting a residential parcel: 25 feet. E. Minimum Floor Areas: 700 square feet. F. Off-Street Parking and Loading Requirements: As required by the Collier County Land Development Code in effect at the time of site development plan approval. G. Maximum Height: I. Principal and accessory structures - 50 feet. Access: Motor vehicle access to Tract C. which shall also serve as thc access to the golfcourse and club house, shall be limited to one access point on U.S. 41 that lines up with the northern entrance to Riverchase Shopping Center. This common access point will be signalized by the State of Florida Department of Transportation CFDOT") pursuant to a separate agreement with Collier Development Corporation for the widening of U.S. 41. DE C /,.( 1998 ~. SECTION IV GOLF COURSE AND LAKES 4.1 PURPOSE Thc purpose ofthis Section is to sct forth thc regulations fi)r thc areas designated on Exhibit "A" as Tracts "G" Golf Course and Tracts "1." Lake. 4.2 USES PERMI'I'FED No building or structure, or part thereof, shall be erected, altered or used. or land or water used. in whole or in part, for other than the following: A. Permitted Principal Uses and Structures 1. Gol fcourses, biking, hiking, canoeing, and nature trai Is, bridges, boardwalks. overlooks, and all uses permitted in the Rese~'e Area 'I'ract. 2. Parks, tennis and racquetball courts, basketball courts, exercise courses, and swimming pools, and an>' other community neighborhood recreational facilities. 3. Community recreation center buildings, recreational shelters, gazebos. clubhouse, restrooms, and wildlifc sanctuar3'/managcmcnt areas. 4. Water Management and essential sen'ices facilities, landscape buffers, berms, and walls or fences and an.,,' other perimeter treatments as provided in Section 6.15 of this PUD. 5. An.,,' other recreational and open space activity or use which is similar in nature with the foregoing uscs and which thc Planning Scrviccs Dircctor determines to be compatible with thc intent of this PUD district. 6. Gates and gatehouses. 7. Child care centers, if authorized by Members. 8. Utility facilities including a reverse osmosis facility or similar facility used to treat and/or produce water for irrigation of the golf course, golf course maintenance and golf cart storage facilities. 9, Sales Center for golf course memberships. · ~G .... ^ ~ T ~..~ 17, 12 DE C / 1998 B. Permitted Accessory Uses and Structures 1. Accessory uses and structures customarily associated with the uses permitted in this dislrict, provided that the clubhouse building shall not exceed 60,000 square feet. 2. Essential services and facilities, including irrigation pumphouses and facilities. 3. Caretakers residence. 4. Sales offices/centers and property management offices. 5. Temporary construction office. 4.3 DEVELOPMENT STANDARDS A. Overall site design shall be harmonious in terms of landscaping, enclosure of structures, location of access streets and parking areas and location and treatment of buffer areas as determined by site development plan regulations. B. Buildings shall be set back a minimum of twenty-five (25) feet from right-of-way, and fifteen (15) feet from an)' property lines. Unless otherwise specifically provided there shall be no setback requirement for landscape buffers and perimeter treatments. C. I, ighting facilities shall be arranged in a manner which will protect roadwavs and neighboring properties from direct glare or other interference. D. Maximum height o? structures: Fifty (50) feet. E. Minimum distance between principal structures: Fifteen (15) feet. F. Setback from lakes: Twenty (20) feet. G. Minimum standards for parking, landscaping and lighting, shall be in accordance with applicable Collier Count)' regulations in effect at the time of site development plan approval. The Golf Course and Lake Tracts need not be platted. I. The Golf Course Tract lying north of \Valkerbih Road shall be subject to the following standards if an)' structures are constructed thereon: 13 ~£~; / d 199~! _J 1. Masonry wall or similar pre-fabricated wall at least 8 feet in height along thc east and west property lines and set back at least 10 feet from said property lines. 2. Within said east and west setbacks, exterior to the walls, canopy trees at least 12 feet in height shall be planted twenty-five (25) feet on center. 3. Along the south property line, except for an.,,' driveway, a fifteen (15) foot landscape strip shall be installed to provide a 100% opacity rating within one (1) year of installation. SECTION V RESERVE AREA 5.1 PURPOSE Reserve Area- The purpose is to preserve and protect vegetation in ils natural state and allow limited recreational uses subject to receipt ofappmpriatc permits, it is designated Tract "RS" Reserve on Exhibit "A.' 5.2 USES PERMIT'FED No building or structure or part thereof, shall be erected, altered or used, or land used. in whole or in part, for other than the following: A. Principal Uses 1. Open spaces/nature preserves, gol fcart tee boxes and g. ol fcourse bridLzcs and paths. 2. Small docks, piers or other such facilities constructed for purposes of recreation for members of the project. 3. Passive recreation: hiking trails, boardwalks, overlooks. O 1998 8/' SECTION Vi GENERAl. DEVELOPMENT COMMITMENTS 6.1 PURPOSE The purpose of this Section is to set forlh the general commitments for development of the project. 6.2 P.U.D. MASTER PI. AN All facilities shall be constructed in accordance with final site development plans, linal subdivision plans and all applicable state and local laws. codes and regulations in effect on thc effective date of the Collier Tract 21 PUD except where specifically noted. A, The I'UD Master Plan (Exhibit "tx.")is an illustrative preliminary development plan. B. The design criteria and layout illustrated on the Master Plan and the exhibits supporting this project shall be understood as flexible. C. Master Plan design changes shall be permitted as provided in Section 2.7.3.5 of thc Land Development Code. . O D. All necessary easements, dedications, or other instruments stroll be granted to insure the continued operation and maintenance of all service utilities. E. Agreements. provisions, or covenants which govern the use. maintenance and continued pro~ection of the PUD and common areas, will be provided. 6.3 SOLID WASTE DISPOSAL An agreement between the Developer and the approved v,'aste disposal service shall be entered into in order to provide for solid ,xaste collection service to all areas of the project. 6.4 TFLANSPORT,ATION A, Golf course maintenance/sen'ice driveways shall be permitted on Vanderbilt Drive. I 11'~ Avenue and Walkerbih Road. B. Prior to or at the time of completion of construction of the last of the Commercial Tract or Golf Course Tracts. tile I)eveloper shall provide street lighting at the project entrance, but lighting shall not be required for maintenance/sen'ice driveways. C. l fgate houses are to be used, the.,,' shall be located so as not to cause entering vehicles to be backed up onto any Slate or County road. D. Road impact fees shall be in ~ccordancc with tile schedule contained in Ordinance 92-22. or as it may be amended, and shall be paid at the time building permits arc issued unless otherwise approved by the Board of County Commissioners. 6.5 Vv'ATER MANAGEMENT A. Detailed site drainage plans shall be submitted to Engineering Review Serx'iccs for review. No construction permits shall be issued unless and until approval of tile proposed construction in accordance with tile submitted plans is granted by Engineering Review Sen'ices. [3. Design and construction ofall improvements shall be subject to compliance v.'ith the appropriate provisions of the Collier Count.',' Land Development Code. C. An Excavation Permit will be required for the proposed lake(s) in accordance with Division 3.5 of the Land Development Code. D. A Conceptual permit from South Florida Water Management District or, a cop3' of the permit application with supporting information submitted to the South Florida Water Management District and all subsequent correspondence shall be provided prior to construction plan approval. E. Petitioner shall provide evidence by appropriate computer modeling and profile plotting that the existing hydraulic grade line of tile Naples Park North Drainage Basin Outfall north of I11'~ Avenue will not significantly impacted by the installation of the culvert pipes and lake system in the proposed modified P, asin Outffall across this proposed golf course project. 6.6 ENVIRONMENTAL A. Petitioner shall be subject to Division 3.9, Vegetation Removal, Protection and Preservation ofthe Land Development Code. A site clearing plan shall be submitted to Current Planning Environmental staff for their review and approval prior to an.',' substantial work on the site. This plan ma.,,' be submitted in phases to coincide with the development schedule. The site clearing plan shall clearly depict how the final site layout incorporates retained native vegetation to the maximum extent practical f 998 and ho,.,,' roads, buildings, lakes, parking lots, and other facilities have been oricmed to accommodate this goal. B. Native species shall be utilized, ,,,,'here available, to the maxinmm extent possible in the site landscaping design. A landscaping plan for thc commercial tract will be submitted to Current Planning Environmental staff for their review and their approval. This plan will depict thc incorporation ofnative species and their mix with other species, if any. The goal of site landscaping shall be tile re-creation of native vegetation and habitat characteristics lost on the site during construction or duc to past activities. C. All exotic plants, as defined in tile County Code, shall be removed during each phase of construction from development areas, {}pen space areas, and preserve areas. Following site development, a maintenance program shall be implemented to prevent re-invasion of thc site by such exotic species, 'I his plan, which will describe control techniques and inspection inten'als, shall be filed with and approved by thc Current Planning Environmental staff'. D. Pursuant to Section 2.2.25.8.1 ofthe l.and Development Code, if. during thc course of site clearing, excavation or other construction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protect tile discover,,' shall be immediately stopped and the Collier County Code Enforcement Department contacted. I E. Any future proposed dock construction shall comply with tile Florida Department of Environmental Protection (DEP)/Collier Count>' Manatee Protection Plan. [:. If turkey oaks arc discovered during tree removal permitting, they shall be transplanted to the upland preserve areas or utilized in project landscaping. G. Environmental permitting shall be in accordance with thc State of Florida Environmental R,esource Permit (ER.P) rules and regulations, as well as thc U.S. Army Corps of Engineers §404 Pemlitting Program. Removal of exotic vegetation shall not be thc sole means ofmitigation for impacts to Collier County jurisdictional wetlands. It. All consen'ation shall be recorded on any required plats with protective covenants per or similar to §704.06, Florida Statutes. In the event platting is not required, consen'ation easements shall be recorded for such areas, subject to uses and limitations similar to or per Florida Statute Section 704.06. Conservation areas shall be maintained by the golf club, and these areas shall be dedicated to Collier County on plats or easements, as applicable, with no responsibility for maintenance. 18 '.-./3-. ,:_ "5 :: t J' 1998 I. Buffers around wetlands shall be in accordance with the ERP issued for this project. Current Planning Environmental Staff shall be provided with copies of U.S. Army Corps of Engineers permits prior to any construction occurring in jurisdictional areas addressed by such permits. Construction or early work permits from thc South Florida Water Management District shall be presented prior Io Final Site Plan/Construction Plan approval. I. Petitioner shall coordinate protected wildlife species issues through the ERP and CORPS $404 permit review process and comply with the guidelines and recommendations of the U.S. Fish and Wildlilr'c Service and Florida Game and Freshwater Fish Commission. Where a protected species occur on site, a Habitat Management Plan for those protected species shall be submitted to Current Planning and Environmental Staff for review and approval prior to Final Site Plan/Construction Plan approval. 6.7 FIRE PROTECTION The project development shall comply with all applicable fire codes and regulations. Fire hydrants shall be installed in accordance with r%2ulations in effect at the time of construction. 6.8 ENGINEERING AND UTILITIES A. Work within Collier Count3' right-of-way shall meet the requirements of Collier Count.',' Right-of-\Vay Ordinance 82-91. B. Water distribution, sewage collection and transmission and interim water ancL~or sewage treatment facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 88-76, as amended, and other applicable Count>' rules and regulations. C. All customers connecting to the water distribution and sewat2e collection facilities to be constructed will be customers of thc Count.',' and will be billed by thc Count3' in accordance with the County's established rates. D. Construction drawings, technical specifications and all pertinent design information shall be submitted, in accordance with Collier Count>' Ordinance 97-17 or amendments thereto, and shall be approved prior to the issuance of development construction approval. 6.9 DEVELOPMENT SEQUENCE AND SCttEDULE The property is to be developed over an estimated 4 .,,'car time period. This projection of project development is no more than an estimate based on current marketing knowledge. Thc estimate ma.',' change depending upon future economic factors. 6.10 EASEMENTS Easements shall be provided for water management areas, utilities and other purposes as required. 6,11 LAKE SITING As depicted on the I'.U.D. Master Plan (Exhibit "A"), lakes and natural areas have been preliminarily sited. The goals are to achieve an overall aesthetic character for the project, to permit optimum use of the land, and to increase the efficiency of the water management network. Accordingly the pertinent setback requirements described in Ordinance No. 88-26, Section 8A ma5' be reduced with the approval ofthe authorized County official. Fill material from the lakes are planned to be utilized within the project, ltowever, excess fill material, up to 10% of the total or a maximum of 20,000 cubic yards may be removed and utilized off- site subject to the requirement of Ordinance No. 88-26, including but not limited to traffic impact fees, etc. Removal ofmaterial in excess of 10% oftotal or maximum of 20,000 cubic yards must meet the requirements ora commercial excavation per Ordinance No. 88-26. To assure site specificity, construction plans must be submitted with excavation permit submittal. 6.12 SIGNAGE The developer intends to create a uniformly designed special signage and identification system including, but not limited to, subdivision and entrance signs for the project to compliment the intended development themes and architectural styles. Project identification signs shall be allowed at the principal project entrances to the PUD at U.S. 41. These may not exceed one hundred and fifty (150) square feet in total area at each entrance and shall not exceed a height of fifteen (I 5) feet above the established grade. Additionally, project entrance signs announcing the names of the planned golf course and commercial site shall be allowed. Each identifiable project development shall be allowed one project entrance sign, not to exceed an area of eighty (80) square feet and a height often (10) feet above the established grade. 3Et: t K 1998 Utilization ofthe public rights-of-way for landscaping decorative entrance ways, and signage shall be reviewed and approved by the Transportation Director prior to any installations. 6.13 ESSENTIAL SERVICES Essential services as defined in Land Development Code Section as permitted or conditional uses are considered as an acceptable permitted use in all land use categories within the project. 6.14 ROADS The entrance to the golf course club shall be a driveway and shall not be subject to the provisions of Land Development Code Section 3.2. Roads within thc commercial tract ofthe development may be either public or private roads, depending on location, capacity, and design. Gating and/or gatehouscs ma5' be located on driveways or private roads only. 6.15 PERIMETER TREATMENTS The perimeter of the project is intended to be bufferect'screened from adjacent properties and rights-of-way by combination of any or all of the following: vegetative buffers, berms, walls, fences or other materials in keeping with the aesthetic theme and quality of the proposed project. Additionally, it shall be allowed that gazebos, towers, arches, fountains or other architectural monuments be incorporated within the perimeter treatment and that this PUD document's setback and height restrictions shall be waived on these architectural elements, subject to review and approval of the Engineering Review Sen'ices for line-of-sight traffic requirements. The buffering/screening of the perimeter of the project shall be of such design that it will allow the runoffto flow as designed by the water management system. F xUSERSq,ANA\Wpg,SI!CTION.2 P, PUI) RliV I 101 November 5. 1998 .5'1998 EXECUTIVE SUMMARY REQUEST TO GRANT FINJtL ACCEPTARCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMI~ROVEM~NT~ FOR THE FINAL PLAT OF "QUAIL WEST UNIT ONE, REPLAT BLOCK C, SECOND ADDITION" OBJECTIVE: -c ~raF.% ~:?.al acceptance of "Quail West Un!' One, Repla% 5~ick Z, Se-$r,c Addi-ion" CONSIDERATION: U/.e '...'a~er ans sewer : ......... =--- u'a- -~ be maintained by zhe project's homeowners a==~:=-~on wiql be maintained by -~.= ........ The :; '.' %3. e Hzmecwner ' s Association. "r.z r sver. en%s. A :essluzi~- =-~ fina~ acceptant= t. as beer, ar.~ a ~.-','~J h'/ ~.~ Count}' At ornev s ,_ . of %he hcrumen% is attached. FISCAL IMPACT: -;...-_ ..... ,,=~__ and sewer imDrcvements not required %o be maln~ained by 5he project's homeowners association will be r. aintained by the County Utility Division. Funds for rcu-ine .maintenance and upkeep will cs.,me =rom the Opera%ions a~,d Maintenance budget of %he "-ii'fy Di· ~ ' ..... '. S 1 0~'~ ":':~'~,~_~ ..... t~'~,. ~. 409-2532!2', Sewe~~ bein~ : 408-~ ~:.~_~___ AGENDA GROWTH MANAGEMENT IMPACT: None No. ~,: ( ~ Er.re c"- ive DEC 15 998 Executive Summary Quail West Unit One, Replat Block C, Second Addition Page 2 RECO~E~ATION: That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Quail West Unit One, Replat Block C, Second Addition" and release the maintenance security. 1. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. PREPAP~D BY: Engineering Review REVIEWED BY: .' / Thomas E. Kuck, P.E. Date Engineering Review Manager Robert Mu!here, AiCP Date Planning Services Department Director APPROVED'~~BY Vincer{{~ ~ Cauterc, AICP, Administrator Date Community De'/. and Environmental Svcs. jrh DEC 1 5 998 - · -" ........... 1 RESOLL"rlON NO. 98- ............... ' ' .: RESOLUTION AU'rHORIZING FINAL ACCEPTANCE OF ~ THOSE ROADWAY. DRAINAGE, WATER AND SEWER 6 IMPROVEMENTS IN QUAIL W'EST U,"NIT ONE, KEPLAT .................... 7 BLOCK C, SECOND ADDITION RELEASE OF THE $ MAI'NTENANCE SECURITY, AN'D ACCEPTING THE 0 MAINTENANCE RESPONSIBILITY FOR THE '-' 10 ROADWAY. DRAINAGE , WATER AND SEWER ..... . I I IMPROVEMEN-rs THAT ARE NOT REQUIRED TO BE 12 MAINTAINED BY THE HOMEO;J..'\'ERS ASSOCIATION. 13 I~, WttF. REAS. the Board of County Commissioners of Collier Count,','. Florida. or, Jut.': 25t. ap';,r' ,c', ff,¢ plat of Quad West Unit One, R~lat Block C. Second Addition for recording. 1 ~S ar, d '"'"~ - 2q ',','I'{E,;' F,,kS. the developer has con,~tructed and mainiained the road,,,,'ay, drainage, water - - - ........... 21 and .,..':'.,. ':.r itr. pro',¢mcnls in accordance with thc a.~pro,,'cd plans and specificauons and as 22 req,J~:.,:d I,.: ,s..c I and Development Code (Collier I"n..mp,, C)rd,nance No OI. lr~?. a~ arr..,:ndcd): , ,,t ...... ': :"':, S:and;,.rd,, ;,nd Pro,,:cdure', Ordlrlar,:.c IColhcr ¢.'ounp, Ordinance Nc, ','. l ? l. and ~ '.V}{.r.? Y, AS. thc dc;eloper has now rcqu.,:s:.~d final acceptant.,: c,f the toad'^a), drainage. 2', '.'. a':~: ar. J s,..,.,ct ~mpro'. :'merits and release of his n'..alntenanc¢ security; anti ~: \:.'HEREAS. the Compl:ancc Sets ices Sec::on of the Dc: eiopment Scr,';ces .......... ' .' ~'..;; ',.".-;,,7.; ::~,~ IbC toad'^a), drainage. 'o,,'ater and $~',',, .-; impro%emc:'As and is 5', acc,:p~ar,:c ofsa~d facilities. ,... 52 NO',V. THEREFORE. BE IT RESOLVED 35' THE BOARD OF COUNTY _': 3 ( c)M',tlSS!ONERS OF COLLIER COUNTY. FLORIDA. tha~ final a:ceptancc be gr~.:r,:.'d for .... 3-: Ihose roaJ'.,.%, dra:nage, water and sev, er impro',.':men:s in Quail Wes: t 'mt One k.:p'.a: P, iock .... S:',.~..z ' '" thc .~ f ('. ', "- ' ,..~, .~..,)n and au:honze thc Clerk to rd,"a;¢ maintenance sccan:'.. ': - B.c. I'; FL'RTHER RESOLVED AND ORDERED teat Iht Count,.. acc:pl thc fu:urc _ . .................. :; main:.:r.a.'::,: and other atlendant cos:s for Iht road'.,a?, drainage, v, are.- and se'see 3u tha'. ar." n,-,I reqmred to be maintained by the homeo'^ners assoc~a:;an ~-. .................. .el TP,'.3 .:~ e~olu'4.~n, , , ,.,. , c. ,, se,, ..,, fas or;r,g sam:' a,,,, .c~, a.,~. motion. ~^.a and majon:) .:.'. ...... ................ · :5 DATE BOAkD OF COL'NTY COMMISS[ON,r:E5 at~ ATTEST: COkLIER COUNTY, FLORIDA 47 DWIGH'f E BROCK. CLERK 49 By:._ 5n BARBARA B BERRY, CI-tAIRMAN ..._ _~ ......... 52 ~ 53 Approved as to form and legal .... · .... _ ........ - ' - 5.1 sufficiency: 55 ' ~ ..... 5'7 Heidi 'F.'Ash~on $$ .Rssi$:an'. C,.,-i!ler Count)' Anomey L .............. 60 61 ....... · .,.:. .... _. DEC 1 5 1998 EXECUTIVE SUMMARY REQUEST TO GRANT FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "ISLAND COVE" OBJECTIVE: CONS IDEP~TION: _. i:'.e ',.,'ale." ale se;:e~ ' .... . ....... e ~ l.r.u r c'.'er, e.".. s u~;~-u',.,'a'' a-d dralnase imsr:'.'er.e:.%s ',.:'il Se mai:.:alned . 7. has .......... a~ -s -~.::r:.endln~ ~ina' iT, 2 I Z','%T. eL5 S. · ' ~ .... '"-;~ for fi- te~ ~rer~s · r. .=: ..... ~.~ ,,al acsezlaF, re has .... ed and ausrcved by the Count'.' At. r~='' s ice tf :he iscur, er, t is a:tachei. FISCAL IMPACT: msintaL:,ed sv th~ project's .nome~''~ association ;;L .... msin-_ained k'.~' the County ~ ...... ~_ on Funds ~ ~;~ rou-lne maln-.enance and uDkeeu will :ome from the Opera-.ions and Maintenance bud,:et of the Utility Divisi~,",, i'''--~ beinu ~ 40~-253212' Sewer beins ~- 5,~-233 '~--' AGENDA ITEM No. GROWTH MANAGEMENT IMPACT: No:.e _...-_ _ ~._. -_ .... ~,,a: ~,' DE C 1 5 1998 Executive Summary island Cove Page 2 RECOM/~ENDATION: That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Island Cove" and release the maintenance security. 1. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. PREPARED BY: John R. HouldEworth, Senior Engineer Date Engineering Review REVieWED BY: ThoMas- E. Kuck, P.E. Date Engineering Review Manager , AICP Date Planning Services Department Director APPROV=~ BY: Community Dev. and Environmental Svcs. jrh DEC 1 5 1998 f ' RESOLUTION NO. 9g- 2 3 '~ RESOLb'I'ION AUTHO~ZING FINAL ~ ACCEPTANCE OF THOSE ROADWAY. ......... 6 DRAINAGE, WATER ANT) SEWER 7 LMPROVEMEN'rs IN ISLAND COVE, RELEASE 8 OF THE MAINTENANCE SECURITY, AND ....... : ........ ' 9 ACCEPTING THE MAINTENANCE lO RESPONSIBILITY FOR THE ROADWAY, -.,'.~.,,.,~ ~.--..-~, ...... ...... ~-,-'.o ~ .... - 11 DRAINAGE, WATER AND SEWER -'--=;~'~': .......... ~ 2 IMPROVEMEN'rS THAT ARE NOT REQUIKED TO ~ 13 BE MAINTAINED BY THE HOMEOV~,'NERS l'~ ASSOCIATION. ~5 17 ~ '~o'H£REAS, the Board of County Commissioners otCollier County. Florida. on ............... '~. Ma:eh I2, 1996 approved the plat of Island Cove for r.-cording; and 2~ WHEREAS, the de~.eloper has constructed and maJnlained the roadway, drainage, 22 v, a~er and ~ewer improvements Jn accordance with the approved plans and specifications · ~ ... ... 22, and as required by the Land Development Code (Collier Count2,., Ordinance No. 91-102, ... 2,~ a~ amended~; and the Utilities Standards and Procedures Ordinance (Collier Count.',' , 2~ Or ~:,~ance No. 97-17), and ...... ....... 27 W].{EREAS, the developer has no'.,,' requ.-'s:=d Hv, al acc~tance of thc roadwa':. 2~ drainage, water arid se~,'er improvements and release of his maintenance security; and 20 WHEREAS, the Compliance Se.'x'ices Section of the De:'elopmcm Ser,.-iccs 2~ De?ar~ment has inspected the roadway, draina~-., water and se~e~ ~mpro','ements and is ~ ......... 22 r.:commending acceptance o£said facilities. 2~ NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY ........ :" ...... ' 25 COMMISSIONERS OF COLLIER COUNTY, FLORIDA. that final acceptance be 2~. gra,-,ted for those roadway, drainag..e, water and s~,.'er impro', ements in Island Cove, and 2,7 au:konz.- the Clerk to release the maintenance securiv,.,. ·: ' :'"' ' .... 38 ...................... 29 BE IT FURTHER RESOLVED AND ORDERED that the Count)' accept thc .. aO fu:ur¢ maintenance and other attendant cos:s for the roadway, drainage, v. atcr and sc',~ er ,~' improvements that are not required to be mainlained by the homeov,'ners associa:~on __.....~..~ __ ....... .., ,~3 This Resolution adopted after motion, second and majority vote £avoring same. ....... 4? DATE: BOARD OF COL,,'NTY COMMISSIONERS ......... ' a8 ATTEST: COLLIER COL.'NTY, FLORIDA .... ..-,-'..' '~..~. -' ......... . - ~9 DWIGHT E. BROCK, CLERK 50 ., 5~ By:. .,.~..~.~-.,. .......... : ...... -' ~-'- 52 BARBARA B. BERRY, CHAIPd~IAN 53 ~ ~"" '" . , _ 55 Approved as to form and legal 56 sufficiency: ~ . ~ ~ ..... 5~ H~idi F. Ashton ,~o ~ -~ _:: d- .... ~-.o .' ...... ~0 Assistant Collier County A~orncy : ...___ DEC 1 5 1998 EXECUTIVE SUMMARY RECOMMENDATION TO APPROVE EXCAVATION PERMIT NO. 59.671 cREATIVE HOMES II COMMERCIAL EXCAVATION LOCATED IN SECTION 29, TOWNSHIP 47 SOUTH, RANGE 28 EAST: BOUNDED ON THE NORTH BY VACANT TRACT, ON THE EAST BY VACANT TRACT, ON THE SOUTH BY 66TM AVENUE N.E. R./W AND ON THE WEST BY VACANT TRACT. OBJECTIVE: To issue Excavation Permit No. 59.671 for the Creative Homes II Commercial Excavation in accordance with County Ordinance No. 91-I02 as amended, Division 3.5. CONSIDERATIONS: The petitioner proposes to obtain a commercial excavation permit to allow fill material totaling 23,025.00 C.Y. to be hauled off-site. FISCAL IMPACT: The fiscal impact to the Count)' is none. The County will realize revenues as follows: Fund: 113 Agency: County Manager Cost Center 138900 - Development Services Revenue generated by this project Total $2,334,00 The breakdown is as follows: a) Excavation Review Fee- $ 850.00 b) Excavation Permit Fee- S 257.00 c) Road Impact Fee- $1,227.00 GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners approve the issuance of Excavation Permit No. 59.671 for the Creative Homes II Commercial Excavation with the following stipulations: 1. The excavation shall be limited to a maximum depth of twelve (12) feet below wet season water table and a minimum depth of six (6) feet below Iow water table. DEC 1 5 1998 2 Off-site removal ofmatcfial shall bc subject to "Standard Conditions" imposed by the Transportation Services Division in document dated 5/24/88 (copy attached). 3. The lake littoral zone shall be created and planted as indicated on the Plan of Record. 4. All provisions of Collier County Ordinance No. 913102, Division 3.5 shall be adi~¢red to. 5. Groundwater shall not be pumped during the excavating operation. 6. No blasting will be permitted unless issued a separate permit by Collier County Engineering Reviev,' Services. 7. Stockpile side slope shall be at a maximum of 4:l unless fencing is installed around the entire perimeter of the stockpile area. 8. An.,,' stockpile in place for a period exceeding 60 days shall be seeded and mulched and erosion control device installed. 9. No excavation permit shall be issued until the road impact fees has been paid. 10. If trees are to be removed as a result of the excavating operation, a Vegetation Removal Permit, required by Land Development Code, Division 3.9 shall be obtained from Collier Count.,,' Planning & Technical Services before work shall commence. PREPARED BY STE Pti E.~.J~FSE.~O~ Lff."~ G I XfER DATE ENGINEERING REVIEW REVIEWED BY: TOM KUCK, P.E. DATE ENGINEERING REXlEW MANAGER / ROBE'R~ J. MUL~P ~ DATE PLA~NNING SERVICES DEPARTMENT DIRECTOR A PPRO'C-qE D~B~Y: OV IN C E,~:r ~,.~A UTE RO, ADMINIS~TOR DATE COMML~'IIY DEV. ~N~ EN~RON~Eh~ SVCS. Pemit No.59.656 EX SL'MMARY/SS.d~n 2 DEC 1 5 1998 ~,~.,~,.~.~,~'~ -- . ~, ':.: --: ..... PKWY~IL~ I ~ ===" ''= ==" ·C · IMMOKAL[ ~--~-- ~ ~.. .. Springs SITE Park ~ ' , ,.~.=.-,, DArtS fEast- Naples ~) -~ _ GordOn / ~ ~. : ; COLLIER COUNTY TRANSPORTATION SERVICES '_'STANDARD CONDITIONS" EXCAVATION PEI:~IIT APPLICATIONS INVOLVING OFF-SITE REMOVAL OF MATERIAL The intent of these "Standard Conditions" are to provide excavation permit applicants a summary of conditions which may affect their projects and which should be taken into consideration during all stages of project development: 1. Haul routes between an excavation site and an arterial road shall be private with property owner(s) approval or be a public collector road built to standards applicable to handle the resulting truck traffic. Where residential areas front collector roads, appropriate turn lanes, buffer and bikepath shall be required as minimal site improvements and if recommended for approval, shall be so with the condition that the Transportation Services Administration reserves the fight to suspend or prohibit off-site removal of excavated material should such removal create a hazardous road condition or substantially deteriorate a road condition; such action by the Transportation Services Administration shall be subject to appeal before the Board of County Commissioners. 2. Haul routes utilizing public roads shall be subject to road maintenance and road repair or an appropriate fair share by the permittee in accordance with Excavation Ordinance No. 91-102 as amended Div. 3.5 and Right-of-Way Ordinance No. 93-64. 3. Off-site removal of excavated material shall be subject to Ordinance No. 92-22 (Road Impact Ordinance). A traffic and road impact analysis shall be made by the County to determine the effects that off-site removal of excavated material will have on the road system within the excavation project's zone of influence. If appropriate, road impact fees in accordance with Ordinance No. 92-22 shall be paid prior to the issuance of an excavation p¢imit. 4. The Transportation Services Administration reserves the right to establish emergency weight limits on public roadways affected by the off-site removal of excavated material; the procedure for establishment of weight limits shall be the presentation of an applicable resolution before the Board of County Commissioners. Should weight limits be instituted, the permittee shall be responsible to implement measures to assure that all heavy truck loadings leaving the permit's property conform to the applicable weight restriction. 5. The Excavation Performance Guarantee shall apply to excavation operations and also the maintenance/repair of public roads in accordance with current ordinances and applicable permit stipulations. AG EJ~DA. ~J~ ~ EXI-IXBIT "B" '° ~ Page One ofTwo DEC: 1 5 ]s98 6. Based on soil boring information per Ordinance No. 91-102 as amended, a blasting permit may be appropriate. Should a blasting permit application be submitted and should residential areas exist within one mile of the excavation site, the County reserves the right to deny a blasting permit based on concerns for off-site impacts from blasting at an excavation site. Should a blasting permit be considered and approved, the minimum conditions of approval in addition to conditions per Ordinance No. 91-102 as amended are as follows: A. Structure inventory/monitoring and applicable property owner release as required by the Development Services Director. B. Security bond applicable to private property damage acceptable to the County. C. Control of size/depth/number of charges per blast by the Development Services Director. D. The fight of the County to suspend and/or revoke blasting permit authority should it be determined that blasting activities are creating unacceptable off-site conditions either in terms of private property damage and/or related physical effects of blasting operations. 7. No excavation permit shall be issued until receipt of a release from the Transportation Sen'ices Administration applicable to proper mitigation of off-site impacts, meeting applicable provisions of Ordinance No. 93-64, Ordinance No. 92-22, and Ordinance No. 91 - 102 as amended. Reference to letter of 5/24/88 Revised 1/13/98 Page Two of Two BEC 1 5 1998 EXECUTIVE SUMMARY APPROVAL OF AMENDMENT #I FOR CONTRACT GC$30 WITH THE FLORIDA DEPARTMENT OF ENV1RONM ENTAL PROTECTION (FDEP) OBJECTIVE: To have thc Board of County Commissioners approve thc attached amendment between the County and the Florida Department of Environmental Protection (FDEP) as related to contract administration and remediation services for cleanup of petroleum contaminated sites. CONSIDERATIONS: Since 1990 the County PCD has been providing contract administration and remediafion services for the clean-up of'petroleum contaminated sites throughout Collier County, under a Contract with the FDEP. Annually, the contract between the FDEP and the County has been revised, amended or re-negotiated to reflect the changing fiscal, legal or legislative conditions and requirements. The budget was based on adminislrating 4 sites. however this contract amendment is based on 26 sites. The additional reimbursement revenue will be appropriated as follows: $24,000 for increasing two (2) current pan time engineers hours from 20 up to 30 hours per week to handle additional work; $13,000 will be utilized to purchase monitoring equipment which allows field staff'to determine level of contamination in gas stations while they are in the field; reserves will be increased $13,197; and $3,500 is for the replacement of Macintosh computer and software with current system pursuant to the Cot, nty's IT standards. GROWTH MANAGEMENT IMPACT: Clean-up of petroleum contaminated sites is consistent with Objective 1.5 &the Natural Ground Water Recharge sub-clement &the Public Facilities element of the County's Gro~.h Management Plan. It also satisfies the objectives of the Ground Water Protection Ordinance. FISCAL INIPACT: The FY 98~99 budget included $5,000 in the Pollution Control Cie,'m-up and Restoration Fund (108) for administrative costs associated with implementing a contract with the Florida Department of Environmental Protection for the Remediation of petroleum product contaminated sites. Thc contract amendment provides $58,697.14 for administrative costs associated with thc contract implementation. This provides an additional $53,697.00 in reimbursements revenue which is recommended to be appropriated per attached Budget Amendments. This additional revenue will be recognized in Fund (I08) and transferred to thc Pollution Control Fund (114) where administrative expenditures arc appropriated RECOMMENDATION: That thc Board of County Commissioners: (I) Authorize thc Chairman to sign the attached Amendment #1 for FDEP GC530 with thc Florida Department of Environmental Protection (FDEP). (2) Authorize staff to make all necessary budget amendments and continue to implement thc contract as presented with this executive summary. AGENDA ITEM No. DEC 15 1998 Pg. Page 2 Executive Summary Amendment gl - Contract GC530 PREPARED BY: 7/~/~].~' . DATE: /~'" -3~ Ma4 Co~ ,r~liss~ Cledcal Supervisor REVIEWED BY: ~~.. ~? ~ DATE: G. George Yilmaz, Ph.D., P.E., P.H., R.E.P., Director ^.~ov~oBy: ~/,-~~- ~ O^T~: V~c~t-K Cautero, AICP, Administrator Community Development & Environmental Services Division GY:mc:executive summary attachment DEC 1 5 1998 DEP CONTRACT NO. OC530 AMENDMENT NO. I THIS CONTRACT as entered into on the 28th day of October, 1997 between the FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION ('hereinafter referred to as the "Department") and the COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS (hereinafter referred to as the "Contractor") is hereby amended. Effective October 1, 1998, or the date of execution of Amendment No. 1, whichever date is later, the Contract shall be amended as follows: -- Paragraph no. 8.A, Category I - Management of the Pre-Approval/Non-Program/Voluntary Cleanup portion of the Petroleum Contamination Cleanup Program and State Cleanup Project Management, is hereby revised to include the following: The rates used for calculation of fixed prices in Category I shall be negotiated and established on an annual basis and evidenced by issuance of a Task Assigru'nent Notification Form, and shall apply to all Category I services for the Contractor's fiscal year in which the rates were authorized. Changes in the fixed price for Category I for any given year shall be based solely on the addition or deletion of sites serviced, at the same rates authorized for that Contractor fiscal year. -- In paragraph no. 1 I.A, the third sentence is hereby revised to read as follows: All travel and incidental expenses for the Contractor are included in the Category I negotiated rate schedule for calculation of fixed prices as established under paragraph no. 8.A, as revised by Amendment No. 1, and no additional Contractor travel expenses shall be authorized. -- Attachment D - Schedule of Rates for Collier County, is hereby deleted in its entirety. In all other respects, the Contract of which this is an Amendment, and attachments relative thereto, shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Amendment to be duly executed the day and year last written below. COLLIER COUNTY BOAKD OF FLORIDA DEPARTMENT OF COUNTY COMMISSIONERS ENVIRONMENTAL PROTECTION ~(~lt4 "~° ~'~f~Ol~[/~d Chief, Bureau of Petroleum Storage Systems ATTEST: '"' ~t~: T~ Ol"~ I~[ ' DEP Con~:rac~s Xd'~ni~trator A.~tant Count.y Attorney, DEC i 5 1998 DEP Contract No. GC$30, Amendment No. 1, Page 1 of 1 pg. TASK ASSIGNMENT NOTIFICATION CATEGORY I SERVICES RE'C , ~D~,,.P.A. R TH~tl T :ontract Number: GC 530 Task Asstgnme.-rll Contractor Name: Collier Coun~ Pollution Con,roi Depa~ment ~ ~ -~ ~ ~I: Contract Manager: Georoe Yilma7 ~?Ai ,,-r~ ..... 00COHEMr HANAGE~EHI FDEP Contract Manager: Hamp Pridge~ Pho~/487.329g Task Description: (Use additional pages If necessa~) ,Pe~orm Catego~ I petroleum contamination site cleanup se~ices on 24 petroleum contaminated .sites and as described In Attachment A, Scope of Se~lces of FDEP Contract GC 530. Deliverable: Completion of all activities, documents, letters, data Due Date: 9/30/99 & entry, etc., per Scope of Services listed in Attachment A of FDEP Contract GC 530 T~ssignment Type: Amount Not To Exceed Fee Schedule $58,697.14 Total Task Assignment Value $58,697.14 Organization !Special Code E.O. Obiect Code Module Category Fiscal Yr. ~Jdget Representativ~'~kpproval 37.__~450405408 ~/"-L-~ 132500 4710 104132 98/99 !x~,~.(~ ~J Bureau Chief , D a~:~/'~"~'x~----~ Date ~lllll~~r(l~:JeeTuk ' t ~o. t. Page ] o~ Date ' ~aEN~ 7~ Judy Powcll, Fis~ Ass~[ ms?,) DEC i 5 1998 Pg. ~ EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDINO T~E FINAL PLAT OF "VANDERBILT GALLERIA PHASE ONE. OBJECTIVE: To approve for recording the final plat of Vanderbilt Galleria Phase One, a subdivision of lands located in Section 35, Township 48 South, Range 25 East, Collier County, Florida. CONSIDERATIONs Engineering Review Section has completed the review of the final plat of "Vanderbilt Galleria Phase One" This document is in compliance with the County Land Development CEde and Florida State Statute No. 177. Ail fees have been paid. There are no subdivision related improvements associated with this plat. Engineering Review Section recommends that the final plat of "Vanderbilt Galleria Phase One" be approved for recording. FISCAL IMPACT: The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $450.00 Plat Review Fees GROWTH MA/~AGEMENT IMPACT: The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney,s Office for the project. RECOMI~EN-DATION: That the Board of County Commissioners approve the Final Plat of "Vanderbilt Galleria Phase One" with the following stipulations: 1. Authorize the recording of the Final Plat of "Van,~rb~.~%5 Galleria Phase One" Executive Summary Vanderbilt Galleria Phase One Page 2 2. That any required improvements or utility extensions to serve the parcels within this plat shall be constructed in conjunction with the applicable site development plan. PRE P~LR~D BY: L~ John R0 Houldsworth, Senior Engineer Date Engineering Review REVIEWED BY: Thomas E:'Kuck, P.E. - Date Engineering Review Manager kob~t Mulhere Klcv .... /?' C ~' ' Date Planning Se~ices Department Director APPROVED Y: Vi cent A. Cautero, AICP Administrator Date Community Dev. and Environmental Svcs. Community Dev. and Environmental Svcs. DIVISION VICTORIA PARK UNIT TEN SIX GOLF UNIT ~v~ COURSE 'E GE ~ ~o~rs~r LOCATiO~ map .. ~ (~ - DEC 1 5 1998 EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "TIBURON - THE NORMAN ESTATES AT PELICAN MARSH UNIT 23", AND APPROVAL OF THE PERFORMANCE SECURITY OBJECTIVE: To approve for recording the final plat of "Tiburon - The Norman Estates at Pelican Marsh Unit 23", a subdivision of lands located in Section 36, Township 48 South, Range 25 East, Collier County, Florida. CONSIDERATION: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Tiburon The Norman Estates at Pelican Marsh Unit 23" These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. It is the intent of the developer to record the plat prior to construction of the improvements. The security in the amount of 110% of the total cost ,f the required improvements is being covered by construction and laintenance agreement and a Performance Bond. This would be in onformance with the County Land Development Code - Division 3.2.9. Engineering Review Section recommends that the final plat of "Tiburon - The Norman Estates at Pelican Marsh Unit 23" be approved for recording. FISCAL IMPACT: The fiscal impact to the County is as follows. The project cost is $216,462.75 (estimated) to be borne by the developer. The cost breakdown is as follows: a) Water & Sewer - $ 57,520.00 b) Drainage, Paving, Grading - $158,942.75 The Security amount, equal to 110% of the project cost, is $238,109.00 The County will realize revenues as follows: Fund: Community Development Fund 113 O Agency: County Manager Cost Center: 138900 - Development Services AGE a Revenue generated by this pro' ect~0 Total: $4315.19 Fees are based on a construction estima $216,462.75 and were paid in October, 1998. Executive Summary Tiburon - The Norman Estates at Pelican Marsh Unit 23 Page 2 The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./ac)- $ 463.48 b) Construction Drawing Review Fee Water & Sewer (.50% const, est.) - $ 287.60 Drainage, Paving, Grading (.425% const, est.- $ 675.51 c) Construction Inspection Fee Water & Sewer (1.5% const, est.) - $ 862.08 Drainage, Paving, Grading (1.275% const, est.) - $2026.52 GROWTH MANAGEMENT IMPACT: The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. RECOMS~EArDATION: That the Board of County Commissioners approve the Final Plat of "Tiburon The Norman Estates at Pelican Marsh Unit 23" with the Ofol!owing stipulations: 1. Accept the Performance Bond as security to guarantee completion of the subdivision improvements. 2. Authorize the recording of the Final Plat of "Tiburon - The Norman Estates at Pelican Marsh Unit 23" 3. Authorize the Chairman to execute the attached construction and maintenance agreement. 4. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. No DEC 1 5 1998 Executive Summary Tiburon - The Norman Estates at Pelican Marsh Unit 23 Page 2 O PREPARED BY: John R. Houldsworth, Senior Engineer Date Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. Date Engineering Review Manager Robert Mulhere, AICP -'~ Date Planning Services Department Director / APPROVED~By: ~/~, _.-~/1 //, Vincent A. Cautero, AICP, Administrator Date Community Development & Environmental Services Community Dev. and Environmental Svcs. DIVISION JRH/ew / CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CC)N. IRUC,.TION and MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this da)' of . 19 between Communities. Limited Partnership, hereinafter referred to as "Developer". and the Board of Count>' Commissioners of Collier Count)', Florida, hereinafter referred to as the "Board". RECITALS: A. Developer has. simuhaneously with the delivery of this Agreement, applied for thc approval by the Board of a certain plat of a subdMsion to be known as: Tiburon - The Norman Estates. Unit 23. B. Division 3,2 of the Collier Count.',' Land Development Code requires the Developer to post appropriate guarantees for the construction of the improvements required by said subdivision regulations, said guarantees to be incorporated in a bonded agreement for thc construction of thc required improvements. NOW. T}IEREFORE. 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 27 Unit Residential Development on 9.6_ acres which includes roadwork, storm draina~,e, sanita~' sewer., potable water, irri~2mion and earthwork, within 18 months from the date of approval said subdivision plat. said improvements hereinafter referred to as the required improvements. 2. Developer herewith tenders its subdi'~i:ion performance security (attached hereto as Exhibit "A" and by reference made a part hereof') in the amount of 5;238.109 which a..mount represents 10% of the total contract cost to complete construction plus 100% of tee estimate cost to complete thc 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 ma:' call upon the subdivision performance securit)' to insure satisfactory completion df the required improvements. 4. ]'he required improvements shall not be considered complete until a statement of subs:amial completion by Developer's enginee,' along with the final project records have been fun'fished to be reviewed and approved by the Development Services director for compliance with the Collier Count.,,' Land Development Code. 5. The Development Sen'ices Director shall, ,.~,'ithin sixty (60) days of receipt of the statement of substantial completion, either: a) notify the Developer in writing of his preliminary approval of the improvements; or b) notif2,.' the Developer in writing of his refusal to approve improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the Director's approval of the improvements. However. in no event shall the Development Sen'ices 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 i/'fiprovements for a minimum period of one )'ear after preliminary, approval by the Development Services Director. After the one- .','ear maintenance period by the Developer has terminated, the Developer sh Sulx~ivision\~JROBAkr"E'354)O861mprovementsTibur°ndoc ' Thc Norman Precinct',.Pcrmit Applications and Supports,Construction & Maintenance Agrcemc~for- N°-~ I DEC 1 5 1998 the Development Services Director to inspect the required improvements. The Development Sera'ices 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 thc subdivision performance security. The Developer's responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. 7. Six (6) months after the execution of this Agreement and once within ever,.' six (6) months thereafter the Developer may request the Development Sera'ices Director to reduce the dollar amount of the subdivision performance security on the basis of work complete. Each request for a reduction in the dollar eznount of the subdivision performance securiD' shall be accompanied by a statement of substantial completion by the Developer's engineer together with the project records necessary, for review by thc Development Semices Director. The Development Services Director may grant the request for a reduction in the amount of the subdivision performance security for the improvements completed as of the date of the request. 8. In the even 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. to~ether 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 thi¢ A~,reement. 9. :\~'1 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. ' $ubdh'ts$on irnpm, w. mcr~.,doc :..~3 IN WITNESS ~,q-IEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this.., da.,,' of _, 19_. SIGNED, SEALED and DELIVERED IN THE PRESENCE 0,,~3 t4Y//~7~/~/~'' BY: W C' Communities. Limited Partnership Printed N~e ~d Title Printed Name ATTEST: BOARD OF COUNTY COMMISSIONERS D\VIGIqT E. BROCK. CLERK OF COLLIER COUNTY, FLORIDA Deputy Clerk Chain'nan Approved as to form and legal sufficiency: Heidi F. Ashton Assistant Count.',' Attorney ¥~r. JROBAIJ,£..9~-0086 Tibuton - The Norman PrecJnctkPermil ApplJcafion~ ~md Sup~Co~i~ & Malmen~ce A~ccm~ for COLLIER COUNTY LAND DEVELOPMENT CODE PERFORMANCE BOND BOh'D NO. 1.5- 0 0 7- 5 4 8 KNOW ALL PERSONS BY THESE PKESENTS: that WC1 Communities Limited Partnership 24301 Walden Center Drive Bonita Springs, Florida 34134 (hereinafter referred to as "Owner") and Libert?' Mutual Insurance Company Boston, Massachusetts (hereinafter referred to as "Surety") are held and firmly bound unto Collier County, Florida, (hereinafter referred to as "County") in thc total aggregate sum of Two Hundred ThirD' Eight Thousand One Hundred and Nine Dollars (S238,109.00) in lawful money of the United States, for the payment of which sum well and truly to bc made. ~'e bind ourselves, our heirs, executors, administrators, successors and assigns, jointl.v and severally, firmly by these presents. O,,,,ner and Surety are used for singular or plural, as the contex~ requires. TI'IE CONDITION OF THIS OBILIGATION is such that whereas, the Owner has submitted for approval by the Board a certain subdivision plat named Tiburon-The Norman Estates at Pelican Marsh Unit 23 and that certain subdivision shall include specific improvements which are required by Collier County Ordinances and Resolutions (hcreinaflc~ "Land Development Regulations"). This obligation of the Surctv shall commence on the date this Bond is executed and shall continue until the date of the final acceptance by the Board of County Commissioners of the specific improvements described in the Land development regulations (hereinafter the guarant)' period). NOW TIIEREFORE. if the Owner shall well, truly and faithfully perform its obligations and duties in accordance ~ith the Land Development Regulations during the guaranty period established by the County, and the O~vner shall satisfy all claim~ and demands incurred and shall fully indemnify and save harmless the County from and against all costs and damages which it may suffer by reason of Owner's failure to do so, anci shall r~:imburse and repay the Count)' all outlay and expense which the CounD' ma?' incur in making good an.,,' default, then this obligation shall be void, otherwise to remain in full force and effect. PROVIDED FURTHER, that the said SureD', for value received hereby, stipulates and agrees that no change, extension of time, alteration, addition or deletion to the proposed specific improvements shall in an)' way affect its obligation on this Bond, and it does hereby waive notice ofany such change, extension of time, alteration, addition or deletion to the proposed specific improvements. PROVIDED FURTHER. that it is expressly agreed that the Bond shall be deemed amended automatically and immediately, without formal and separate amendments hereto, so as to bind the Owner and Suret)' to the full and faithful performance in accordance with the Land Development Regulations. The term "Amendment," wherever used in this Bond, and whether referring to this Bond, or other documents shall include any alteration, addition or modification of any character whatsoever. IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed '-~ this 8th day of October, 1998 D/A~Dasofthis ,.~dayof~ ,1998. nattY]( -- ~ WCI Communities Limited Pannership, ~~S~ aD e la wa re limited partnership Witness-Printed Name ~ Witness-Signature ~ Sl~v~n C. A&l~n Count,',' of The foregoing instrument was acknowledged before me by Steven C, Adelman, Vice ?rcsidcntrTreasurer on behalf of WCI Communities Limited Partnership. a Delaware limited pannership. Personally knosvn ~ or produced identification ~. Type of identification produced WIINkSS my hand and official seal this ~L day of~1998. ~ ~ ~ v~. z'21~mi Public (~',7,3~) ~.'~ ~, ~,, '~, My Commission Expires: L ~ / Uo. C~603722 ~otaO' Printed Name LIBERTY MUTUAL ~NSURANCE COMPANY NTERSIGNAT~R5'/, - Licensed Rbs/~, Age t DIANA FIG~ROA ATTOR~Y- IN- FACT NANCY H. ZALESKI T.IS .OWER OF A'.OR.EY ,S NOT VALIO UNLESS ,T Is ..,.TEe o..Bo BACKO.OUNO. :3 9 8 2 5 9 Th~s ~ower of Attorney limits the acl of those named herein, and they have no authority to bind the Company except in the manner and Io the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON, MASSACHUSE~S POWER OF A~ORNEY KNOW ALL PERSOHS BY THESE PRESENTS: That Libe~y Mutual Insurance Company (the 'Company'), a Massachuse~s mutual insurance company, pursuant to and by authori~ of the By-law aqd Authonzab~n hereinafter set fodh. d~s hereby name. constitute and appoint. HARRY A. DINGER, JR., JOHN D. MILLER, DIANA FIGUEROA, NATALIE REINGOLD, ALL OF THE CITY OF NEW YORK, STATE OF NEW YORK ............................................................ . each indtwdualty ~f there ~e more that, or,,: r err,ed, d5 Irue and la~ul allorney.in.facf Io make, esec~e, seal, acknowledge and dehver. Io~ and on its behalf as surety ant as ~ts a:~ an~ teed, any a*,c all unde~akmgs. ~nds, rec~n~zances and ome~ surety obhgations in the penal sum not exceeding -FI~.MIL~ON .... ~ ..... ~'t ................... ~ .... * .... _._..DOLLARS ($ 50 000,000 ....... ) each, and the executio~ of such ~nds or T~al this power is made a',~ e ,~Cu~ed pursuant l,~ a',~J ~t aulhOhly Ot the follow~ng By.la.~ a~ Autho~zabon ARTICLE XVl · E,ec;t.:~ c' Coc~ra:~ Sec: o-. 5 S~'e~ Bonds and UnCe~ak,n~s Any off,car c' c:',e' c, c~a' c~ ~re c~m~ar, y a,?.o',ze0 ~or Inal ~ur~Se ~ w,mqg by f~e cha.rman or the ~resident. and sub,ecl Io such hmitations as tr.e cr~.rmar ~r [he p,es,Ce": may Drescr~be. Shall ap~i~t such a~orney~-m-fact, as may be necessa~ lo a~ m behalf of Ihe omDany t~ ~a>e exec.te, sea:. ac~.,~'.~e33e a~d dehver as sure~ anf a~C al: ur, de~akm~s, bonds, rec~mzances and other sure~ 5;rgahonS. Suer, a',~smE/s-m-fact, suojec: tc ~e hm~tahons set fo~ in ~e,r res~ectwe ~wers of a~orney, shall have full ~wer ~O bin~ 3m;a~y Dy tree.' s';c~,e an~ ~.xn~..:.,.' --. '..~ acy such i~strumenls and to al=ach thereto lhe sea[ of the company. Wheq SO executed such t ~, ~;l~O','~m; ~' V'.- ~ .... e C' a'ma' ~' :'~ ;'e~ C~-: ~a5 authonzed Ina ~lce. o' otter c"~:,a' .,amec :~e,e,n lo appom' attomeys-,n-lact ~.rs.a',: :3 4~; e Y ,': $e:'. ;~ ~ c~ ~,e El.taus. A~s~s:a~: Secreta~/Game~ W Erhc~ ~s he.e~,/auth~,~ze~ to appoint such a~omeys-m*faC; as may ~e 'eceg~a'/ ~c Ar: ,' =eha:f of ~',e com, 3a~y to make, execute, seal ac..nc.?,le~qe a'~ ce!,,/er as sure~y ar~y a~d a~l u~de~akin~s, C~ 'puny ha~ Cee- a,:,e~ :?e?~ ~r, P;)-c~r. L*ee::r.; Pennsylvania ;h~s _ 2~h Oay o~ ........ ~y ............. 19 . ~.. ~ LIBERTY MUTUAL INSURANCE COMPA~;Y - , ,~ .... ~ ~ . O= On m,s 2~n sa, :~ July A 0 19 97 before me. a ~:a-t ~ubh:. cers0~ally c~me lhe mr, Cw~duaL known 1o ........................... me ~o ~e [he t'e~" ces:;~ ,r,c;'L,~a~ a-.: off,car ~' L,~ely Mutual I~sura~ce Company who executeC the preceding instrument, an3 he ac~n~wle~. ~ed that he executec}~sa~e a~a: =he sea~ afh~e~ tc the sa~C preceding mstrumen~ ~s the CorPc;ate seal of said company; and ma: sa~C corporate = I ~ea~ an4 h~s s,a-,atur~n:e~ I~;~e,~.was d,2y afl ~e¢ and subsc~ bec IO lhe sa,~ nstrumec4 by au:henry anC ~,rechon of the sa~d company. /~ .:' ,X , IN TESTIMONY. AE OF. I her sel my hano an¢ aff,x my off~af sea~ at Plymou~ Meet~ P~. the.~ay and year firs, a~ve I, fha ur, dersi~e:..~~ta~ e~e~ar~ ~f Libe~,t Mutual Insurance Company. do hereby cem~ ~at ~e odginal ~wer el a:omey of which the anc~ forego~n~ is a full ~rue : copy. ~s m lull force and eflecl on ~he da~e of ~h~s ce~ifica~e; and I do luAher ce~i~ lhal lh~ said power of a~omey was one of ~he o~cers s~ecia:ly au:hcrized by lhe cha;rman or the preslden~ lo ap~inl any a~orney.in-la~ as provided in A~icle XVI, Seclion 5 o~ Ine By-laws o~ Libe~ Mutual Insurance Company. - . -. This ce~ihcate may De signed by tacsimlle under and by ~o~ of ~e Iol~win~ voi~ ~f ~e ~rd of dlr~ors of Li~ Mutual Insurance Company al a mee~ing duly ~l~ed and held on lhe ~2~h~ayofMarch, 19B0-' :: .".: - '?'i' '- : -... ' ' VOTED ~ha~ ~he facs~m;~e Or mechanica~iy reproduced signature Of any ass~s~01 seCre~a~ of ~e ~ny ~rever ~n~H~ ,,~ ~X~f;g~ ' COpy or any power of a~orney issued by the ~mpany. Shal[ ~ vali~ q~ bj~_~ u~ ~ ~.~ ~, ~me though manually afl,xed. · .- · "- R:~ =?-~D.;~ C'~:~;.D'~.~J~~57~L:~?:.~.'L'~''' n~T TESTIMONY WHEREOF I have he;eumo ~b~ri~d my ~m~n~ a~ ~ ~le ~al.ol~ ~B ~, ~ -- · '~a,, : .... .- ~ - ........... 1~ ....... . - =.~ ..... ~ ~ ~...,~.. :~ ...... ~:~ :~'.. :.."-,~L~-:~':~:~&'~'.~_'.~ ~ ~..~~'--~ ~ ~" ~ , ~ ..~';~ l~'~,;'. '.. x y :.,'.' : ~. · : :..: ~: _: ...... = .......... . ~-~ ~=.-~- ~.~.~ ~-~[~iL ~'~[~ ............... .-~ ......... ~15 POWER'OF A~ORNEY ~Y NOT SE USED TO ~EC~ ~ ~q~L~~ ~~-~ ~"q -- ~:= SURETY ACKNOWLEDGMENT State of NEW YORK County of NEW YORK On OCTOBER 8, 1998, before me personally came Diana Figueroa, to me known who being by me duly sworn did depose and say that he/she resides in NEW YORK, NEW YORK, that he/she is Attorney-in-Fact of LIBERTY MUTUAL INSURANCE COMPANY, the corporation described in, and which executed the within instrument; that he/she knows the seal of said corporation; that the seal affixed by order of the Board of Directors of said corporation, and that he/she signed his/her name thereto by like order; and that the said company has received from the Superintendent of Insurance of the State of New York, and that such certificate has not been revoked. :" · · .... ~..~ %. ..:. ~ ?..-. ~ ~i. ::,* ".~ ~- ~' -:b.: : · . ,. , '~..'"° .... o.., ~ °~ . ' [_~(9) ^,tomcv · · !~(10, BCC · .- ." I'-] ~ll, O,hcrConstitufionalOffic.rs [ [~] (1.5)Comm~Inicafions (16] ConsmltA~end~ '" [~] (1'/) Summary Arenda .. ... .... ./O~D,~R. HOLrLDSWORTH ,.. · ' ... ~ THO~$ E. KUCK '.. It,.,-m, Title: -'. REOUEST TO APPROVE. FOR RECORDING THE F~AL PlAT OF' 'n,~'FTF~ I,.AE:~ COR?ORATt~ PARK", AND APPROVAl. ";..:]OFTI-~p~RFORMANCF, SECURtTY '?7~';',;;'.-.i.:.'~:~:-',::,;T¢'V..~*:~'.';:'..:..~'.*'-.~:,;' :~, .'.:-.'.:... '-- .:. -... . ..~ EXECUTIVE S~RY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "WHITE LAKE CORPORATE PARK", AND APPROVAL OF THE PERFORMANCE SECURITY OBJECTIVE: To approve for recording the final plat of "White Lake Corporate Park", a subdivision cf lands located in Section 35, Township 49 South, Range 26 East, Collier County, Florida. CONSIDERATIO}~: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "White Lake Corporate Park" These documents are in compliance with the County '.and Development Code and Florida State Statute No. 177. All fees .ave been paid. It is the intent of the developer to record the plat ~rior to csns~ruc~ion cf the improvements. The security in the ~mount cf !!0% of the total cost of the required improvements is seing covered by ccnstruc=ion, maintenance and escrow agreement. The 2ounty has keen awarded $690,000.00 as a Block Grant towards the infrastructure for this project. This wcu!d be in conformance with ~he County Land Development Code - Division 3.2.5. Engineering Review Section recommends that the final plat of "White Lake Corporate Park" be approved for recording. FISCAL IMPACT: The fiscal impact to the County is as follows. The project cost is $826,841.60 (estimated) to ke borne by the developer. The cost breakdown is as fcl!cws: a) Water & Sewer - $213,740.00 b) Drainage, Paving, Grading, S~ree~ Lighting, - $~13,101.60 Turn Lanes, Land- scape & Irrigation The Security amoun~ is $840,525.!0 The County will realize revenues as follows: Fund: Cor, munity Develcpment Fund 113 Agency: County.Manager Cost Center: 138900 - Development £e~/ices Revenue generated ky this project: Total: $!6,3~2.53 Fees are based on a construction estimate of $826,841.60 and were paid in Nov. & Dec., 1998. CO~STRUCTION, ~4AINTE~;A~CE A3;D ESCROW AGREEME~;T FOR SUBDIVISION IMPROVEMENTS TEIS CONSTRUCTION, M3%INTEN;~NCE AlqD ESCROW AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this of , 1998 by WILLIAM T. HIGGS (hereinafter "Developer"), the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, (hereinafter the "Board') and AMSOUTH BANK (hereinafter "Lender"). A. Developer has, simultaneously with the delivery of this Agreement, received approval from the Board for a certain subdivision to be known as: WHITE LAKE CORPORATE PA?_K Bo The subdivision will include certain improvements which are required by Collier County ordinances, as set forth in a site construction cos% estimate ("Estimate") prepared by RWA, Inc., a copy of which is attached hereto and incorporated herein as Exhibit 1. For purposes cf this Agreement, the "Required Improvements" are limited to those described in the Estimate. C. Sections 3.2.6.5.6 and 3.2.9.1 cf the Collier County Subdivision Code Division of the Land Development Code requires the Developer to provide appropriate guarantees for the construction and maintenance cf the Required Improvements. D. Lender has entered into a loan agreement with Developer and/or Developer's companies a~ has available funds which Lender is willing to hold in escrow for the purposes set forth herein. E. Developer and the Board have acknowledged that the a=cunt Developer is required to guarantee pursuant to this Agreement is ONE HUNDRED FIFTY THOUS~$D FIVE HU~DRED TWE~;TY-FIVE A~D 10/100 ($150,525.10) DOLL~S and this amount represents one hundred ten (110%) percent of the difference between the estimated cost cf Required Improvements per certification of RWA Inc. and the Economic Development Block Grant of SIX H~;DRED ~I~;ETY THOUSA~;D ($690,000.00) DOLLARS which has been set aside for said improvements for this property. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer, the Board and the Lender do hereby covenant and agree as follows: 1. Developer will cause the water, sewer, roads, drainage and like facilities, the Required Improvements, to be constructed pursuant to specifications that have been approved by the Development Services Director within six (6) months from the date of approval of said subdivision plat. 2. Developer hereby authorizes Lender to hold ONE H~;DRED FIFTY THOUSAND FIVE HUNDRED TWENTY-FIVE ~;D 10/100 ($150,525.10) DOLLARS from the Loan, in escrow, pursuant to the terms of this Agreement. 3. Lender agrees to hold in escrow ONE H~DRED FIFTY THOUS~;D FIVE H~;DRED TWENTY-FIVE AND 10/100 ($150,525.10) DOLLARS from the Loan to be disbursed only pursuant to this Agreement. Lender acknowledges that this Agreement shall not constitute a' draw against the Loan fund, but that only such funds as are actually disbursed, whether pursuant to this Agreement or pursuant to the Loan agreement shall accrue interest. 4. The escrowed funds shall ke released to the Developer only upon written approval of the Development Services Director upon completion who shall approve the release of the funds on deposit not more than once a month to the Developer, in amounts due for work done to date based on the percentage completion of the work multiplied by the respective work costs less ten (10%) percent and further, that upon completion of the work, the Development Services Director shall approve the release of any remainder of escrowed funds except to the extent of EIGHTY TWO THOUS~;D SIX HUNDRED EIGHTY-FOUR AND 10/100 ($82,684.10) DOLLARS which shall remain in escrow as a Developer guaranty of maintenance of. the Required Improvements for a minimum period of one (1) year pursuant to Paragraph 10 of this Agreement. However, in the event that Developer shall fail to comply with the requirements of'this Agreement, then the Lender agrees to pay to the County immediately upon demand the Balance of the funds held in escrow by the Lender, as of the date of the demand, provided that upon payment of such balance to the Ccunuy, the County will have executed and delivered to the Lender in exchange for such funds a statement to Be signed by the Development Services Director to that effect that: a. Developer for more than sixty (60) days after written notification of such failure has failed to comply with the requirements of this Agreement; b. the County, or its authorized agent, will complete the work called for under the term. s of the above mentioned contract or will complete such portion of such work as the County, in its sole discretion, shall deem necessary in the public interest to the extent of the funds then held in escrsw; c. the escrow funds drawn down by the County shall be used for construction of the Required improvements, engineering, legal and contingent costs and expenses, and to offset any damages, either direct or consequential, which the County may sustain on account of the failure of the Developer to carry out and execute the above-mentioned development work; and d. the County will promptly repay to the Lender any portion of the funds drawn down and not expended in completion of the said development work. 5. Written notice to the Lender by the County specifying what amounts are to be paid to the Developer shall constitute authorization by the County to the Lender for release of the specified funds to the Developer. Payment by the Lender to the Developer of the amounts specified in a letter of authorization by the County to the Lender shall constitute a release by the County and Developer of the Lender for the funds disbursed in accordance with the letter cf authorization from the County. 6. The required Improvements shall not be considered complete until a sta%ement of substantial completion by Developer's engineer along with the final project records have been furnished to be reviewed and approved by the Development Services Director for compliance with the Collier County Subdivision regulations. 7. The Development Services Director shall, within sixty (60) days of receipt of the statement of substantial completion, either: (a) notify the Developer in writing cf his preliminary approval of the improvements; cr (b) notify the Deve!cper in writing of his refusal to approve the improvements, therewith specifying those conditions which the Developer must fulfil in order to obtain the Director of the Required Improvements. However, in no event shall the Development Services Director refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance ~ith the requirements of this Agreement. 8. Should the funds held in escrow be insufficient to complete the Re.~uired Improvements, the Bcard, after duly considering the public interest, may at its option complete the Required Improvements and rescr= to any and all legal remedies against the Developer. 9. ~;othing in this Agreement shall make the Lender liable for any funds other than those placed in deposit by the Developer in accordance with the foregoing provision; provided, that the Lender does not release any escrowed monies to the Developer or to any other person except as stated in this Escrow Agreement. 10. The Developer shall maintain all Required Improvements for one (1) year after preliminary.approval by the Development Services Director. After the one year maintenance period by the Developer and upon submission of a written request for inspection, f~NAP\ ~ 67 ~ :2.: 3 the Development Services Director shall inspect the Required Improvements and, if found to be still in compliance wit the Code as reflected by final approval by the Board, the Lender's responsibility to the Board under this Agreement is terminated. The Developer's responsibility for maintenance of the required Improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. 11. All of the terms, covenants and conditions herein contained are and shall be binding upon the Developer and Lender, the respective successors and assigns of the Developer and Lender. IN WITNESS WHEREOF, the Board, the Developer and the Lender have caused this Agreement to be executed by their duly authorized representatives this day of 1998 . ' Signed, sealed and delivered in the presence of: ,: ", ". : ,. ~' ,, ~'~c'/.~, L., ~-~,~ ~; C? ,. ',.,'~ ~.,_ ?/ ATTEST: BOARD OF COUNTY CO~MISSIONERS OF COLLIER COUNTY, FLORIDA DWIGET E. BROCK CLERK By: (Chairman) Ammro'/ed.. a~, to .Arm'~ , and le~a! _- .. . ~ f , . ?, ./1~ . .-~ ~ ~ ~ T ~' .L...~.En.Ar~nmental¢¢nsullants November 19. 1998 Sir. Thomas E. Maloriey Quarles & Brady Barne:'t Center. Suite 300 4.501 Tamiami Trail No~h Naples. FL 339.I0-3060 SuUect: Certification of Ophtlon of Probable Cost.~ White LalYe corporate Park' Dear Mr..Xlalone.'.. Please accept this le,~er c:,~if:.'ing that the engineers Opinion of Pro~able Cost (cop.', at:ached) submiaed to Collier Count,.' in conjunction with the construction dc<ument and platting approval applications indicates that the project infrastructure will cost approximately 566.1.341. In addition ~e have pre',iously budgeted $162.500 for landscaping, site lighting and irri~_.,ation. TI~c total prc~ect infrastructure cost is approximately S826.8-II. The economic development block grant is S690,000. The resulting deficit of funds is S136.8gi. ¥,'e understand ,Mr. Higgs must provide an escrow agreement or a bonding instrument for 110% of the deficit of funds. The amount required on the agreement or bond is SI50.525.10. Please acce~t this certification letter and associated back up documentation. Sincere/5'. [milio J. Robau. Encls. £),974062 Whi~c Lake Industrizl Pat~.'Ccnification [.ct[ct to Tom Maloncy Whstc L.~c Costs doc 3~350 North Horseshoe Drive. Suite 270. Naoles. Florida 34104 - ¢g41~ 649.1509. la:I: (9413 649-7056 · www.consult-rwa.corn £y~ibit 1 - Page 2 Ciuit Engineers, Environmental and Deuelopment Consultants White Lake Corporate Park Phase II Preliminary Opinion of Cost Subdivision Improvements 5639,275.50 Turn Lane Improvements 525,066.10 Total Improvements 5664~341.60 Water and Sewer Review Fees 0.50% Potable Water and Sewer Costs $1,068.70 Construchon Inspection Fees 1.50% of Potable Water and Sewer Costs $3,206.10 Subdivision Construction Document Review Fees 0.425% of Construction Costs $2,823.45 Subdivision Inspection Fees 1.275% of Construction Costs $8,470.36 Total Review and Inspection Fees $15,568.61 , o INC. Ciril Engitteer$, Enrironmental atrd Derelopment Comultant.~ White Lake Corporate Park Phase II Engineer's Opinion of Probable Cost [ DESCRiPTiON QUA 'XIT 't Earthwork & Clearing Re-shape Lake Bank 8,085 LF S6.00 ~g,52g.00 Offsite Fill 40,000 CY ~.00 S160,~0.00 Bum I LS 520.000.00 ~0.~0.00 Earth~vork & Clearing Total 5228~28.00 Paving & Grading Asphaltic Concrete Type S-IIi 3" 4,800 SY 55.50 526,400.~ 8" Limerock Base 4,800 SY 5~.95 ~3.760.00 12' Stabilized Subgrade 6,000 SY 52~5 S13,500.00 Sidewalks 3,600 LF 57.50 ~7,~0.00 Type F Curb 270 LF S5.75 S 1.552.50 2.0' Valle':' Gu~er 3,600 LF $~.25 S 15,300.00 Signing & Markin; I LS 51~00.00 SI.500.00 Paving & Grading Total 5109.012.50 Drainage Valley Inie:s 6 EA S l.~G0.OO 53.400.00 Type C Calchbasin I E.A SI.000.00 Si.~O.00 Type D Catchbasin 2 EA S ;~,30.00 53.~0.00 T~e E Catchbasin I EA SI~O0.00 Si.3~.GO June:ion ~oxes 2 EA Sl~0.O0 S2.~00.00 Control S~c~re I EA 52~00.00 ~.~00.00 36" Mitered End 2 EA ~O0.00 S1200.00 24" M~:ered End I EA ~0.00 ~0.00 IY' RCP 52 LF Sl 3.00 5936.00 24" RCP 1,29~ LF SZS.00 S36.260.00 30" RCP 257 LF 36" RCP ~74 LF ~6.00 S17.204.00 24" Headwall 2 EA Sl,000.00 SZ,~O.O0 36" Head'm'all I EA ~30.00 52.3%0.00 Drainage Total ~7.~.00 Sanitao' Sewer 8" PVC O~vi~ Sewer 6'-8' Cut 415 LF ~0.00 S2.~00.00 8" PVC Gnvi~ Sewer 8'-I0' Cut %65 LF S:0.00 SI I.~00.00 8" PVC O=vi~ Sewer 10'-12' Cut . ~. LF S23.00 S13216.00 ~" PVC Gmvi~ Sewer 12'-14' Cut 220 LF S~O.O0 S6.~.O0 _ ~'~ Sani~ M~oles 6'-8' Cut ~ EA .~__0.00 ~.Z~.OO S=i~ M~oles 8'-I0' Cut 2 EA , I~ S=i~ M~ole~ 12'-l~' Cut 2 EA ~_~0.00 ~,~O.00 '~' 6" Sewer Semiee~ 6 ~ ~0.00 ~.7~.00 4" PVC Forcemain !,087 LF. $7.00 ~,~09.$0 4" Plug Valve 2 EA ~.~ 51 ~90.~0 ~" X 4' Hot Ta~ I EA ~:.~0.~ Sanita~ Sewer Total ~lfil,~ 1~.$0 Exhibit 1 - Page 4 8/31/98 Civil Engineers, Em'ironmental and Development Consultants White Lake Corporate Park Phase II Engineer's Opinion of Probable Cost Potable Water I0" PVC Watermain 2835 LF 51:5.00 S42,525.00 I0" X 20" Hot Tap ! EA $3.500.00 S3,500.00 Hydrant Assembly 4 EA $1,900.00 $7,600.00 10" Gate Valve 3 EA $950.00 S2,850.00 8" Gate Valve 4 EA S750.00 S3,000.00 Bacterial Sampling Points 3 EA $790.00 S2,370.00 8" PVC Watermain 40 EA S12.00 S480.00 Potable Water Total S62325.00 Total Improvements 639,275.50 8 '] I;95 Civil Engineers, EntAronmentaI and Development Corus'al:ants White Lake Corporate Park Phase II Turn Lane Engineer's Opinion of Probable Cost Off Site Roadway Improvements [ DESCRIPTION [QUANTITY[ UNIT [ UNITCOST [ TOTAL Turn l.ane Earthwork & Fill I LS $10.000.00 $ I0.000.00 Asphaltic Concre:e Type S-Ill 3~ 773 SY 55..'~0 54,251 ..~0 8' Limerock Base 773 SY S.L9.~ s],g~_6..~.< I2' Stabilized Subgrade 1,217 SY S2.25 52.738.2.< Maintenance of Traffic i LS 53.500.00 53.500.00 Signing & Marki. ng I LS 5750.00 57.~0.00 Turn Lane Total 525,066.10 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Helping Flor/aliens create safe, vibrant, sustainable communities" LA1,V1'ON CHILES Nov 2 The Honorable Robert F. Fernandez [-..~ :. _ Administrator, Collier County - , .... 3301 Tam/ami Trail East Naples, Florida 34112 Re:Florida Small Cities Community Development Block Grant (CDBG) Contract Number 99DB-4Z-09-21-01-E77 Dear Mr. Fernandez: We are pleased to '~. ,..u,,, your executed CDBG Award Agreement with the Department of Community Affairs (DCA). This a~reement must be retained in your official CDBG files and made ava/fable for public review upon request. Please note the following instructions before beginmng prole your ' '-" Enclosed is a copy of a technical memorandum on lh~ TF.E AD;.:h~IISTR.~TION 0¢ THF. CDBG PROG~.A,',I, date~ Februar/27, 1990. Follow this procedure to avoid problems in contracting for profes$/onal sar/ices. Procurement of professional services will be monitored in the future ar, cl. should a violation be detected, may result in questioned costs or the need to re.seat the procurement process. Do not incur or obligate more than $8,000 in expenses until you complete an environmental review of the project and receive a release of funds notice from the Department. You ma7 incur ~.,p to 58,000 in administrative costs to cover the environment~.! review and other starl-u.p ac',ivities. , Your contract contains performance-related special conditions (Attachment K) that mus~ be met before funds for construction may be drawn. Review your contract immediately and be¢in the process of meeting any special conditions. Enclosed are copies of a Request for Funds Form and Minority Business Enterprise Repo.'-:. (with instructions). Use these forms to request payment on your contract and to re~o~ co.-',tractual activities. The Department cannot process a request for an amount less than 55, 000 (un/ess it is the final payment). V',/e look for,yard to working with you and will provide technical assistance upon requesL If you have questions about your grant, please contact the DCA staff member responsible for monitoring your grar, t or Mr. Rick Stauts, Planning Manager, a: (850) 487-3644. Sincere!:/, "" L.jL ,.* .,.' Thomas A. Pier=e, Chief Bureau of Community Development - - T/,P/aj Enclosures cc: Donald Bla:ock. County Staff, 2555 SH UA. 1AR D OAK BOULEVARD * TALLAHA$SEE, FLORIDA 32~,99-2 I 00 Phone: 6~0.486.8466/Sun¢om 278.8466 FAX. 8~0.921.076tlSuncom 291.0781 Internes address: http:llwww.s~ate,H.uslcomaff/dca.hlml CONTRAC? NU~,~SEP, 9gDB-~ 09-21-01-E77 CFDA NUMBER 14.219 AGREEMENT THIS AGREEMENT is enlered into by and between the State of Florida, Department of Community/-.,ifa!rs with headquarters in Tallahassee, Florida (hereinafter referred to as the "Depadmenr'), and Collier Coun:'/. (hereinafter referred to as the "Recipient"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS: A. WHEREAS, the Re.~p~_,,, re;resents that it is fully qualified, possesses the requisite skills, knowled_ce, qualifications and experie?,ce to provide the se,vices identified herein, and does agree to perform as d_s.nb.., herein, and B. WHEREAS, the Depadment determined that the Reci~,ient has successfully competed for a Communit7 Development BIcck Grant (hereina,fier referred to as "CDEG"i, and C. WHEREAS, lhe Depadment has authority pursuant to Florida law to di'.~urse the funds under this Agreement. NOW, THEREFORE, the Department and the Recipient do mutually agree as foJlo,,,zs: ,-.; ~ ;,e t , (1) SCOPE OF WORK. The Re.,,.,_n, shall fully pedorm the o~lJgations in accordance v,,~t,~ the Budge'. Scope of Work,/...':achment A of this Agreement. (2} INCORPORATION OF LAWS, RULES, REGULATIONS AND POLICIES. Both the Re-;-;--'~.,, a.-,d the Department sha~i ~-,'- governed by ,-',' -~-, ',"" a.~C ' · ,- a,.~,l~c,~.,e Sta~e and Federal la /.,. rules renu!orions, inclu~:nc but not limited to those ' -,-"¢. ~ ~d--.,,h~e~ in Atta=hment B. (3) PERIOD OF AGREEMENT. This Ac. reement shall becin up-.Ch the dare last sicned, and sha!l twenty-four (24) months a~er the date last signed, unless term~'nated earlier in ascorda-nce with the provisions cf paragraph (9) of this Agreement. (4) MODIFICATION OF CONTRACT. (,~} Either party may request modification of the provisions of this Agreement pursuant to Rule Chagt-:r 98-43, Fla. Admin. Code. Changes that are mutually e.creed upcn shall be valid one;/when red~ced to writ:nc, duly signed by each of the parties hereto, and a~ached to the original o~ mis Agreeme:-,t. (b) All refu.qds cr repayments lc be made to the De;a,'Imen: under :,",~s Agreement are tc be mr~fe paya.., to the order of "Department of Communit'/Affairs," and ma::ed d,r...ly to the Depa.'ime.'-,; the t'c!ic,,,/ing address: DE,=ART,',IEIIT OF CO.M;,~U/'~IT¢ AFFAIRS SMALL CITIES CDBG 2555 SHU,'.;ARD OAK ECULE'VARD T~L~P.~,SSE-_'. FLORIBA 32399-2~00 (5) RECORD KEEPING. (a) If a~ls!icable, Recipient's p ........ ante under this/-.creement sha!l be ~' ,-' su,je., to 24 C.F.R. Fad ~5 or OMB Circular No. A-110. "Grants and Acreeme~ts. with Insd,u,,,ns"' ":" of Hich Educe:ion. H*-",;'-' and Other Nonprofit Organize:ions," and either OMB Circular Nc. A-.37. "C(~st Princ:."t. fes for Sta.'.e and Lcca~ Goverr, ments,",.,,,,..,r',": Circular No A-21, "Cost Principles for Educntional Insd,.,t~o'"" ' '-' ...."cr OMB Circular No. A-122, "Cost Principles for Nonprofit Organiz_=ficns." Page f of 24 (b) Al( original records perlinent to this Agreement shall be re~ained by the Recipienl for three years following the date of termination of this Agreement or of submission of the final close-out report, whichever is later, with the following exceptions: 1. If any litigation, claim or audil started before the expiration of the three-year period and extends beyond the three-year period, the records will be maintained until all litigation, c)aims or audit findings invoMng the records have been resolved. 2. Records for the dispcsibon of nonexpendable personal prope.~'/valued at S1,000 or more at the time of acquisition shall be retained for three years a~er final disposition, 3. Reoords relating to real proper'b/acquisition shall be retained for three years after closing of title. (c) Ail records, including supporting documentation of all program costs, shall be sufficier`t to determine compliance with the requirements and objectives of the Budget and Scope cf Work. A~ta:.hment A, and all other applicable laws and regulations· .... ~. ..... ils employees or agents, including all subcontractors to be paid from funds under this Agreeme.% shall allow access to its records at reasonable times to the Department, its emplo'/ees, and acen:s. R.as~na,~,. shall be cons:rued --,' ." - . a..,.r.,m~ to the clrcumstances but ordinani7 shall mea'~ d,Jric~ normal bur,;net, s hours of 8 00 a m, to ~ 00 pm, Iccal brae, on Monday thros;,h Fnd~.7. A.ce%s shall include, b'Jt ncr be limited to, aud;:crs rata;ned by the Department. ....... = ¢eda~ning to record keeF. inc are set fcrlh in A,,.-,.,,m .... C and ~.., ,,-,,,h ,g to prcc. e~/ma,na;ement a,",d ,~rccurement under this Y.,.~reement are set ~'"'" in A.a.h ....... H (6) REPORTS. (a) A: a re;ri;mum, t,,. R ......... shall prcv[de Ihe Ce2a~ment with c;=,¢-cut resort and c~he~ re.~..,r., from time to time by the De2ammen:. (b)Thec,o._-.,~,' ~= ,", ,' repo,q is due within 45 days of Ie:mina'.ion of this ;-._=reeme.qt or upon coml::;letion cf t,,.~., /, ~es contained ~n this ;'.oreement. ' r_.=..~,, .. reports and cop:es, prescribed above, are not sent :o the Department or are n~, ~.,,,~.,.....,,- .... ~'=~ in a mannera,'"o-,, a.le" to the Dec. a,":ment, the Depa,'iment may withhcld further paymen',s until they are completed or may take such act;ch as set ¢ "' ,o,,h in paragraph (9). The ......... a ..... .,,,c. with generally ~--=-'=,-' princlc:es ~n: is ccnslstent with the P,"~'-,~, ar,2 SccF-.e of /,/or~.. (C) Ur. ch reasonable notice, the R..,p~.nt shall '*' I:,-.',-- such additional ¢rogram upd¢,_s or ir`formation as ,ma'/be required by the (el The cfsseout report shall not be submitted prior to the c.~mple:Jcn o,~ and acceptance by the recipient cf a!l non-administrative ,-", a.,~/~,,.s. At the brae cf submiss;on cf the c[oseout report,, all construction a...e,.,,.., by the ,.. ~ .... ,, t-.ny r-¢proval by architects, engineers, re,habilitat,on specialist, building inspectors, code enfcrcemen~ ¢.erscnnel, prcpert/owners, building owners cr occupants, cr others whose ap,~roval is required must be obtained prior to submitting the .. .... Js,, ~¢ re closeout. All n,~n-administra:~ve invoices must be received and approved prior to submission of the adm~nistrati'/e (7) tJOHiTOEI~':G, The Rec!p, rent.,.'-='~,.,, constant:/mcA;Ocr its F.e.ffcrmance u,,d_,'" ¢' this Agreement to ensure that :,me schedules are being met, the P-_.';~.:et and Scope c; V,!crk are be.r,g accomplished within specified brae Pa,;e 2 cf 2~ periods, and other peff, ormance goa!s are being achieved, Such review sha~l be made for each functIon activity se[ forth in Atlachment A to this Ag, ._m_ (8) LIABILITY. . b ....,', the Recipient shall be sole!y respcnsJ:'- e to (a) Except as otherwise provided in subparacraph (b) ,,~ parties with whom it sha[I deal in carry/ne out the terms of this Agreement, and shall save '~'- Depot, men[ harmless anainst afl claims of whatever nature by th!rd parties arising ,,' ' o.: o, the pe."formance of work under this Agreemer, L For purposes of this ;greement. Recipient agrees ".;.at it is not an employee or agent of the Depa,cment. but ~s an indeF, e.~dent contractor. (b) Any Recipient v/ho is a state agency or subdivision, as defined in Section 758.28, FIe Stat to be fully responsible for its negligent acts or omissions or torticus ants which result in c!aims c: suits against the Deparlment. and agrees to be liable for any dama._.es proximate!y -" acts or omissions. Nothing herein is intended to serve as a waiver cf scvere!gn immuni:/b'/~-n'.,, Recipient to which sovereign immunity applies. Nothing herein s,ha'.l be construed as car, se.",: b'.,' state agency or subdMs[cn cf the State of Florida to be used b7 thlrd parlies in any ma.".er " cut of any contract. (9) DEFAULT; REMEDIES; TERMINATION, (a) If the r, ecessar/funds are nc: available to fund th~s a.creement as a resulto,' ac,J,.,n'"" by t,,. L.¢.s,.,,ur..,~*: .... ~,t,,."" O~ce cf :he Ccmpt,oller cr the O~ce cf Ma~ageme:~t and Budget, cr if any cf ",,.=- "' ~""' ;'~ . 1..~ OCCUr .. f.,i,~.¢..,.. ,,, ¢-'- ("E'/er, ts of Default"), all obfic='~c~s on the ~.~-.~ of the Department to make an'/. ',.. ....., ..."' payment of funds hereunder shall, if "-,,,,,. Determent so e'¢"'s, terminate r-nd. the , ,' at , . ....,=-.... herein, but the Desa,'ime::: mo_./ De: a."t.m_n: may its c2".;on exercise any of its r,,m,="" ,=' fc~n "' ~¢ '~ payments after '",, ha."ceninc c: a.~'/E/ems cf Def~'.;;: ' :'" make ar.7 .ay .... n,o or ¢.sr~s cf ,,.. . _ ,,/ there:'/,,,=;v/nc the r;ch: :2 e:<erclse such reread;es. --" ........ . ~ ....~[ ...... -".~22mir, c liable ~o rr,.=_ke ar,',, f u,':,.", e r ga'/men:: I. If a'vt v,'arra","./cr =-'=~= .... ;- r._, ......=.,.n made ~'t Re:!c;er~: in '"~ '-'--=~-=-' cr , .... '...= ..... ~ .... ~ r.',' A'"',~'""r-r','= .... ,,.., with the Den. a,":me~ shatl at a~'t t~me be fa!se cr m'.slead:nc_ m any r¢~-=.-t.....__, cr ff :'-.e Recipient shall fail t3,,..' ,,,~-_,.. cbse.""ve cr p,,"'-'-- ........ ,~r','t cf the t='m~ ..... cr c~venams cc.".:a:,":ed Acreement. cr any previous agreement with the Deca.'Iment. a::d has not cured such in b,,,=., fasb/ch, cr is unable cr unwillina to mae'. its chi/cat:ohs th ..... c.,, 2. If any ma,er~al adverse cha.~ge shall c".:ur in the ,fi,~ancial ccr, di:!cn cf the Rec:pie,~t at a.~7 =,me during the term of this A. greemem from the finan:!al,...,,"*n,"i"- n, ,,,, ,=...~,._,-',~-'~ in an), res :,"ts. ':"-"',J,=. c; be,,,=..,~"-"' with the D.,.--¢--"'-,,-' .......... and the Rec!;ient fads tc cure sa;': .... '-' ,,,,¢.e,i..-,. adverse ch,~,'",':e ,,';:::',in .... n ..... the ...... 7 (30) days from ",~ time the date ......... ,'~ is se.~t ~,/ . '~ If a.~y re:or'ts ,~""':'-" ~y '" ~,"--- ~ee.-, ¢,,"m:".=-* tc :he De=ar:me:t.: cr . r..~,,., =. t;':is A...r ..... -..,t have nc: ......... . ' been '~"'- ' m_ ....... incomp[e'.e or msu ...... ~ ~- If '~',=, R...~l_nl has ,-?-,4 ,,., , ,,,. ¢";""= ,.,,,:. ,,., ve."f, crm a~d "-,"'-~¢',. i~ ';- :., ' ...... ,he ~-' -¢ '.. ....~. .... ~.,,, e.! ,c:: , a~y c,"' .:, ll..S r,=.,'~,' u,,.=, the Budget a",d Scc.~.e of Work attached here:: as/- .............. A. (b) Upon the happening of a~ Event cf Default, then the De~.art, me,~: ma'/. at its c¢t:c~, u.:cn wri:te.", notice to the Recipient a.",d ucsn t,,. R..,,. ..... = fa~l.:re '- ,~m_ / c'.;:e. ,=~-'*'¢= any cr, e cr m':re the fo[lowing remedies, e::,".er ccncurrentl7 cr,...,,.~...,,,.,=,'"'"' ,,~_.~,, ..... ar,: ,,,.- cur-~uit cf any cna cf the fo:[ov,'i,':.':, remedies sha',l not I:redude the OeFa,~me~t fr:m F. urs~i~_: a~'t other r_..,~.--="'=, ..... here;n cr otherwise provided at la';,' or in equity: 1, Terminate this Agreement. provided that the Recipient is given at least thirty (30) days prior v,,ri:ten notice of such termination. The notice shall be el'fec:ive when placed in the United States mail, first class mail, postage prepaid, by registered or certified mail-return receipt requested, to the address set forth in paragraph (10) herein; 2. Commence an a~pro~riate le.~al or equitable "" .... a.,,~on to enforce ~.erformance of this Agra_me. V,4,,h,,,.,~,, cr suspend payment of all or any pad of a request for I:ayment; 4. Exercise any corrective or remedial actions, to include but not ge limited to, requesting additional rn,,.,rma;~.,n from the P...~,r.n, to determine the reasons for or the ' ex,e.,, of noncompliance or lac;,:, cf ;e."f, ormance, issuinc a written warning to advise that more sericus measures ma,/be taken i; the situation iS not corrected, advising the Recipient to suspend, discontinue cr refrain from iccurdncj costs f=r any activities in question or requirin.c the Recipient to reimburse the Deca~m,,nt. ._. for the amount of cost~ incurred for any items ale',ermined to be ineligible; " 5. Exercise any other rights or remedies which may be other,vise available under law. (c) The Department may terminate this Agreement for cause u~:on such written notice as is reasanab!e under the circumstanCeS. Cause shall include, but not be limite3 to. misrepresentation in the grant a;plicat;on, misuse of funds; fraud; lack of compliance with al:~lica..Je rules, laws and regulations; faiture '..~ Carl, cfm in a time!7 manner; and refusal b,/the Recil:ient to permit public access to any document, pa;e;, letter, cr other mate;iai subject tc disclosure und-.r Chapter 119, Fla Stat as (d) Suspensi¢,~ or ter,mina~io,~ ccr',s:;tutes final Depa,lme~t ac:ion under Chapter ~20, Fin Stat as arr,,en."e¢. N=',i~cation cf suspe,~sion or termi,~ation shall if, dude nc:ice of admir~istrative hearing ri,chis and brae-frames. (e'~ The Recipient shall return funds Ia the De;a~me.~: ~f found ~n nc,",ccmpliance with laws, ru!e; r~ulatior, s .caverning the use of the funds or this Agreemenl. (0 This Agreement may be terminated b7 the written mutual consent of the par'ties. (;) t.;o,'v~!'..".sta,~ding the above, the Recipient sha!l not be re!laved cf Iia~ilib/[o the Depa,"tment by vi~ue cf a~7 ~e~:h c~Agreement by the Reci;ienl. The De;a,'"tmem may, to the exlent authorized by la',','. ~/, ........ a~y payments tc :he RecicJe,~t for purpose '" "' o; C, S=.-O,, un:ii such time as the exact amour, t damages d'~e the De;a~me,~t ;rc.m the Recipie.",: is ale'.ermined {10) I',IOTICE AND CONTACT. (a) A. iZ notices ~:rcvided under or pursuant to this ,~greeme~I shall ~e in writ,nc, either by ha~d de!ire-/. cr firs: class, codified mail, return receipt re;v~.ste~, to the re=rese.ntat~ve'iCentified 'te!c..v at the addre~..~ se'. fc~h below and said notification at:ached to the or!g!na: of this Agreement. (~) The ,",ama a,~d address cf :he Department c:,",trac: manage; fo; :his Agreement is: COM;,:LJ;,IITY PROGraM A~.;TJNISTP.,ATC~R S;.1,~LL CITIES CO~O PRCG~.AM 2555 SHU,".:ARD OAK TALLA, HAS3E-'. FLCRtlDA 3239.c-2; CO P,~¢? 4 cf 24 (c) The name and address of the Representative of the Recipient responsible for the administration o,' this Agreement is: Housings and Urban Improvement 2800 N. Horseshoe Drive~ Naoles~ Fl. 3c10~ (d) In the event that ",,'"" ', = ",, dh, ....,, re,.res.nta,~v.., or addresses are designated by either pa~/.-..=. execution of this Agreement, notice of the name, title and address of the ne,,'/represe.~tative v.'iil rendered as provided in (10)(a) above. (11) OTHER PROVISIONS. (a) The validity cf this Agreement is subject to the truth and accuracy cf all the~n,ar,,,a,~cn,' ' '"" representations, and materials submit',ed or I:rovided by the Reci.c[ent. ar any Pa~icipating Par't',/in this Agreement, in the Application, in any subsequent submission ar response to Department re,ues,, or in any submission or response to fulfill the requirements of this Aareement. and such .. information, represent=_'.ions, and materials are incorporated by reference. The lack cf acc'Jracy thereof cr any material changes shall, at the option of the nn,..,,-.,..,., ,., .~, .......... and with thirty (.?,0) days v,'ri,~en notice to the Recipient and any Pa~icipating Part',;,. cause the termination of this ~nd ~he release of the DeDartment from all its obligations to the F.~ciDient. (b) This Ag;eement shall ~e construed under the laws of the State cf Florida. and venue for any adsing out of this Agreement shall lie in Leon County. If any prcv',s;on hereof is inc...,,,.c."-'~: ' 'v,,,.,';'" ar,';' une.,,..r..e=~.,e, then such ¢:cvlslcn sha;I '-~, ,"~,,-¢"' at;': and void to the extent cf s=ch ~"" ," be deemed c .... ,,.,, and shall s,,,,,¢,r-c',,, but shall not ir,',,ali,~a'~ a.-.'/ other provision of this/...=reement. (c) No waiv,:,,'_, by the Depa.'Iment of any right orre,'-,=,""., cranted. __. _-..,._.ha ..... ,"~,' ~.,",, failure to ~.".s;st' cn s,r:c.' ' ' pedcrmance by the Recipient or any Participating Fart'/shall "' a,,=., or ex:end cr ,=,c, as a waiver cf any ocher right cr ¢"''-'~' ' ¢ ,,:"~,, ~-,' '" · r ...... / c, th. Department h...un .... -'"' or ,=,,e., t,,e subsequent exercise of the same r~cht cr remedy b'; the Depadment for any fu~her cr subs=.=u.nt d.,au,, by the Recipient c.' any Pa,~icipating Part',/. Any pov,,er of approval or disapproval gr~.~ted lo the Departrr,,ent under the terms cf this Ac, e_m .... shall survive [he terms and life of this A..z:eement as a whole. (d) The Agreement may be executed in any number of counter;ads, r-ny one of v,'hich may be taken ss an original. (e) The Re_.,.~ .... aorees ts comply with the Americans With Disabilities Act (Public La',.,' 10 ~-..,,;s, 42 U.S.C. Section 12101 et se=.}, if applicable, which prohibits discrimination by public and private ent~:~es on the basis of disabilit'/in the areas of employment, pu~,,, accommodations, transporta::cn, State a.'~d local government se."vices, and in te!ecommunicafions (0 A person or a~liate ,,,/ho has been placed cn Ihe convicted vendzr list following a co.~','iction fcra public entit'/crime may not submiI a bid on a contract to provide any goods or services to a public eh,</, may not submi~ a bid on a contract with a pubIic entity for ~he construction or repair of a pub!id buildinc cr pub!id work, may not submit bids cn leases of real I::,-,..-rtY to a public ectit'/, may not be awarded cr perform work as a c,.,n,rac,or, supplier, subcontractor, or consultant under a contract with a public enttt'/, and may nc,' transact business with any public e.":.::t'/in excess of C~,==or/Tv,,o fcra period cf '~¢' months from the date or' being pieced cn the con'vic:ed vendor (12) AUDIT REQUIREMENTS. (a) The R_..~,~..,, agrees tc maintain financial procedures and supz_.o~ documents, in accordance .aeneraIly accepted accounting principles, to account for the receipt and expenditure of funds ur.der this A .... ' ° personnel and other personnel duly authorized by the Department. "Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to 5.00 p.m., local time, Monday through Friday. (c) The Recipient shall also provide the Department with the records, reports or financial statements upon request for the purposes cf audiling and moniloring Ihe funds awarded under this Agreement (d) The Recipient shall provide the Department with an annual financial audil report which meets the requirements of Sections 11.45 and 216.349, Fla Stat, and Chapter 10550 and 10.E00, Rules cf the Auditor General, and, to the extent apphdable, the S,ngle Audit Act of 1984, 31 U.S.C. ss. 7501- 7507. OMB Circular A-133 for the purposes of auditing and monitoring the funds awarded under this Agreement. The funding for tins Agreement was received by the Department as a grant and aid appropriation. 1. The annual financial audit report shall include all management lepers and the Recipienrs res.cease to all findings, including corrective actions to be taken; 2. The annual financial audit report shall ir, c[ude a schedule cf financial assistance specifically idem~f/ing all Agreement and grant revenue by sponsoring De;,artment and Agreemen~ r~um~"er. 3. The c;mplete f~nancial audit report, ' s.e ...... in (12}(d) 1 and 2 above, shall be sent directly to. Susan M. Cook. Ph.D. Bureau of CommuniI'/Deve!opment. Rcom 250A S,',I,~LL CITIES CDBG 2555 SHUMARD O/.K BOULEVARD T.ZL~HAS.SE__., FLCRIIDA 323.:'.-'-2100 (e} In the event the audit shows that the entire funds, or any portion thereof, were not spent in accordance with the ccnditic,cs of this Agreement, the Recipient shall be held liab!e for reimbursement to the De~,a,'Iment of all funds not s~.ent in accordance with these applicable regulations and Agreement provisions within [.hit:',/(30) days after the Deparlment has notified the Re.~,~_,,t cf such noncompliance. (f') The Recipient shall retain all financial records, suppoCmg documents, statistical records, and any other documents pe~inent tc this contract for a period of three years after the date of submission of the final expenditures re¢crt. However, if litigation or an audit has been initiated prior to the ex¢irat~cn cf [he three-year perfcd, the records shall be retained un:;I the litigation or audit findincs have been resolved. - (g) The Recipient shall have all audits completed by an ir~de¢endent cert;fied public accountant (IPA) who shall be either a ce,,1~fied public accountant cra public accountant licensed under Chapter 473, Fie Stat. The IPA shall state that the audit compiled with the aF. plicable provisions noted above (h) The audi~ is due seven months aher the end of the fiscal year of Recipient. (i) An audit pefiormed by the State Auditor General shall be deemed to satis,~/the above audit requirements, (13) SUBCONTRACTS, (a) If the Recipient subcontracts with a subrecipient as defined in 24 C.F.R. Part 570 any or all of the 'work required under this Agreement, a copy of the executed subcontract must be forwarded to the Department within ten (10) days after execution cf that subcontract. The Recipient agrees to include in the subcontract that (i) [he subcontractor ~s bound by ail applicable state and federal laws and Page 6 re.cula:icns, and (ii) the subcontractor shall hold the Debarment and Recipient harmless against. cia{ms of whatever .... na .... arising out of the subcontrac:¢r's performance of work under this AGreement, [o the extent allowed and required by law. (b) The P,_.,~.l.n, wdl mc'~it.cr the activities of any subrecipient pursu_--r.t to the requirements in 24 CFR Pa~ 570 end HUD Ha,~d~cck, "Manacinc CDEG A Gut .... ok for Subrecicients Oversicht dated August (14) TERMS AND CONDITIONS. The AGreement contains aiI the terms a,-.d conditions agreed upon I;7 the pa~ies. (15) ATTACHMENTS. (a} Ali a.'i. achments to this AGreement are incorporated as if set out ful!'/herein. (b) In the event of any inconsistencies or conflict be.'ween the language of this Agreement, and the ,. att~-ch,,ments hereto, the language of such attachments shall be controlling, but only to the extent cf SUCh C,.,n,~l.~ cr ' "'"' : Ir;...,ns,s .... (c) This/-.greeme.",t has th~. folio, wing a~,achments: A. ttachmen~ A - Budget and Scope of Work A,,a..,me.,, G S:~?.ement of Assurances Att, achment B - Pr,~gram Statutes & Regulations Attac,qment H - Frcpe,,"t,/Management and Procurement A.,,~ch,,,e.,, C - Record kef:in; A,.a..,rr,. .... I R'.-served A,.= .......... O Reserved A,,a.,,mer~, J ,",~-:~",m, ent E - Federal Lc'-"~,ying Prchi'-'.it~sns Attachment K - ~.'ecJal A~ac~'.m~.: F - Cc:yrich:. F.~ ..... and Trademark At:a:nme'~t L - ', .'.~rk Plans (16) FUNDING/CONSIDERATION. ,u.,.:,,..,. for this A.---reement s,,~,l ncr ~ ""--" s,..=., t., °"~,,,_ a'lail~ cf (b) /..ny '--"',--.",':" payment ur. der this Agreement is subject tcs. 215 ......... ~,,(14). Fta Stat The ~,mcunt which may be -~, "-~ . =,,'anc., is subject to Rule ChaT. tar gB43. Fia /.drain Code 24 C.F.R. Par, 85.24 CF.R. Pa."'. 570, Federal CMB Circular A-87, A-110, A-122. and '"',,.= Cash Mana.ce.,'r,,e.qt Improvement Act of 1.c.c0. (C) A.:I ','~ .. re ....... Cn forms prcvide~ ~y the I~.~ ...... ~t fT..'- ~hat pgr~,"s,= (17) STANDARD COHDITIOhtS. The Rec[pien~ agrees to be bc~ by |h~ following standa:~ (a} The S~a'.e of Florida's ;:e."f,=rm~,nce and c~ligaticn to pay under this ,-¢.~eement is - ':-.,, ' annual appropriation by the '"' ' ' - ' Le,,s a,u,e, and su.ject to any mcdifi':'~:;cn in accordance with Cha-tte: 215, Fie Stat. (b) I; other,vise allcv,'ed under this Agreement. extension cf an Agree..-.e.~t for c=nt~'ac'.ual services be in writing for a period not to exceed six (5) months end shall I:e S'jhjeCt tO the same terms and conditions set fcnh in the initial Agreement. There shall be only c,".e ,~.x',~,,,:cn cf t,"'o,_/..creement_ unless the failure to m~o* t,",e criteria set fcC, h in the Ac~'eement for ccm,,ple:ion cf the A,"r",=m~r,t is due to events beyond the c.~ntrol of the Recipient. (c) Ail biiis for fees or other compensation for services cr ex~.e.~ses s~,~-fl ~e submi',:ed in de!ail * ''''~ '~ · for a proper pre-audit and I::Ost-audit thereof. (d) It' cthe."wise allowed under this Agre,..,ment. all ~',ls for any :ravel excenses sha'.l beo,.,.,,,,,,-...,~'""~;"-~ in accordance with s. 112.061, Fla. Stat. (e) The Department of Communib/A~airs reserves the right to unilaterally cancel this Agreement for refusal by the Recipient Io allow public access to ali documenls, papers, lepers or other material subject to the provisions ot. Chapter 119, ilo SIat., and made or received by the Con[ractcr/ Recipient in conjunction with the AgreemenL (0 The State of Florida wiII not intentionally award publicly-funded contracts to any contractor who kno','/ingly employs unauthorized alien workers, constiIuting a viola:ion of the employment p;ovisic,~s con:=_.ined in 8 U.S.C. Section 1324ale) [Section 274Ale) of the Immigration and Naticnalit-//-.ct ("IH;,"}]. The Department shall consider the employment by any c:,ntractor of unau:hcrize~ ahens a violation cf Section 274Ale) of the INA. Such violation by the ReciF. ient of the employment prov!sions contained in Section 274Ale) of the INA shall be grou.~ds for unilateral ca.~ce[la:Jcn o,' this A§reement by the Department. (18} STATE LOBBYING PROHIBITION. No funds or other resources received from the De;a~me.~t in connection with this Agreement may be used directly or indirectly !o influence legislation or any other official action by the Florida Legislature or any state agency. Refer to A~achment E for additional terms and provisions relating to lobbying. (19) COPYRIGHT, PATENT AND TRADEMARK, If applicable to this Agreement, refer to A~,achment F fcr terms and conditi=ns re!aling Io copyrights, patents a~d trademarks. (20) LEGAL AUTHORIZATION, The Recipient codifies wilh res;et: to this A.creement that it possesses t,he !e~al authority to receive the t.unds to be provided under this Agreement and that, if applicable, its covernin.~ ';,dy has authori,"ad, by resolution cr cther;/ise, the execution and acceptance of this Agreement With all :.:','enants and a~ura~,ces contained herein. The Recipie.qt a!so ce.~i,'ies that the undersigned possesses the :.J~hority to le~ai:7 ex.~.,,t_ and bind Re..~..,en, ,o the terms ct' this Agreement. (21) ASSUP,.ANCES. The Recipient shall comply with any Statement c;/-.ssurances incorpcra',ed as /,.t:achme~t G, (22) VENDOR PAYMENTS. Pursuant to Section 215.422. Fia Stat.~ the _r'Jepartment shall issue reimbursement I:_='.,,me.,-.ts to Recipients wilhin 40 days a,'ie: =,' , · ..... r.,e.p, of an a,,=~.,a,le invoice andre.,.~.,, inspection, and r-:._.~tance of goods and/or services provided in accordance with the terms and conditions of the Agreement. FaJlur_~ Io issue the ',,/arrant within 40 days shall result in the Department paying interest at a rate as eslablished pursuant to Section 55.03{1), Fla. Stat The interest penal,"/shall be paid within 15 days aft, er issuing the '/larra,~(. Vendors experiencing problems obtaining time)y payment{s) from a state Department may receive assistance by contacting lhe Vendor Ombudsman at (.c04) 488-2~24 or by caIling the SIate Comptroller's Hctline a~ 1-800-848-3792. IN WITNESS WHEREOF, the pa,~ies hereto have caused this contract to ~e executed by their undersigned o~cials as duly authcri~.ed. RECIPIENT: STATE OF FLORIDA /") ,- DEPARTMENT OF COMMUNITY AFFAIRS: IVame and Title: Name and Title: Robert F. Fernandez ThcmasA. Pierce, Chief C o u n r. 7 A d ~ .i. n J. s t: ~' a r. o r Bureau c: Community Deve!~pment / / Federal Empto'/er I. D .5 9 - 5 0 0 0 5 5 8 Attachment B PROGRAM STATUTES AND REGULATIONS A. This Agreement and the COBG Program are governed by the following statutes and regulations: 1. Communit'/Development Blcck Grant, Final Rule, 6. Treasury Circular 1075 regarding drawdown of 24 C.F.R., Part 570 CDBG funds 2. Florida Small and Minority Business Act, s. 288.702- 7. Sections 290.0401-290.049, F.S. 288.714, F.S. 8. Rule Chapter 9B-43, Fla. Admin. Ccde. 3. Florida Coastal Zone Protection Act, s. 161.52- 9. Department of Community Affairs Technical 161.58, FoS. Memorandums 4. Local Government Comprehensive Planning and 10. HUD Circular Memorandums applicable to the Sma[I Land Deve!opment Regulation Act, Ch. 163, F.S. Cities CDBG Program 5. Title I of the Housing and Community Development 11. Single Audit Act of 1984 Act of 1974, as amended B, Additional program provisions governing this Agreement are: (1) The Recipient agrees that future chon!les in a~¢licable laws. rules, and regulations governing the Federal and local CDEG program are applicable to this A~reement on their effective dates, or in the case of Fla ,A,dmin. Code, Rule Cha~ter .c8-43, upon dissemination by the Department of a Technical Memorandum sc, advisin~ recipients. Failure cf ~he Recipient to acknowred~e receipt shall not invalidate this provision. (2) The Depa,lment cheil review the Recipient's pedcrmance periodically to determine whether the Recipient has substantially c.ompte'.ed its pro:gram as described in the approved Application and this Agreement in accordance and compliance with the requirements of s. 290.041-2g0.049, Fie. Stat,, as ,=,m=n...d, Fie Admin Ccde. Rule Chapter ga.43, es amended frc,m time to time, and other applicable state and federal laws a.",c regulations. Training and technica! assistance shall be provided by the Depa~ment. within limits of staff time and budget, upon written request by the Recipient and/or upon a determination b7 the Depa,lment of Recipient need. (3) The Recipient shall allow the Department to cart/cut monitoring, eva!uation, and technical assistance and shall assure the cooperation of its employees, subrecipients and subcontractors during such a:tivities. (4) If at an;/time after the effective date of this A?eement, the Departmept determines that an activity to be funded is not eligible pursuant to Fla. Admin. Cede, Rule Chapter 9B-43, 24 C,F.R. Part, 570 or any subsequent federal regulation which supersedes it, the Department may unilaterally amend this Agreement to delete the ineligible activity and deobligate any unencumbered funds attributable to the ineligible activity. Any funds expended on an activit'/subsequently deemed ineligibly shall be repaid to the Department within 30 days of receipt of a request from the Department. for said repayment, provided that any activities which become ineligible so~ely as a result cf a change in state or federal regulations, shall not result in funds expended prior to the change in regulations having to be repaid to the Department. (5) In the event that the Department suspends funding pursuant to the provisions of this Agreement, said suspension shall take effect as of the receipt of the notice of said suspension by the Reci[::ienL Any requests for payment for which the Departme.~t has not yet disbursed payment shall be subject to said suspension. (5) Should the Recipient fail to enforce the provisions of any promissory note, mortgage, security agreement, cr other obligation specified in any Participating Part'/Agreement or in any written contract with a beneC, cia~-/, contractor, agent, or subrecipient who received payment or benefit from fuads disbursed under this Agreement, the Department may, with thirt',/days (30) written notice to the Recipient. automatically substitute itself for the Recipient in said Participating Pa~! Agreement or wri~en contract for the purpose or' enforcing said Participating Party Agreement or written contract and may, at its discre!ion, continue to administer said Participating Party Agreement or written conlract. (7) The Application as it existed aher the completeness period is made a part of this contract by reference. (8,) If the Recipient has not submi~ed an audit report in accordance with OMB Circular A-133 within the time frame s~.ecified in paragraph 12(h) of this Agreement, a 15-point score reduction will be assessed against any subsequent application received for each failure to timely submit a required audit repo~ pursuant to Fla. Admin. Code, Rule 9B-43.005(6)(a). (9) The Recipient, its employees, and agents, shall maintain records and supporting documents as prescribed in 24 C.F.R. Section 570.490(b), "Unit of general local government records"; 24 C.F.R. Section 570.490(c), "Access to records"; Fla. Admin Code. Rule gB-43.014(12); and 24 C.F.R. Part 85. These records shall be maintained at a readily accessible site within the jurisdiction and under the jurisdicticn's control. (10) If the Recipient has nol submitted a closeout packa.ce as provided ,n F!a Admin. Code Rule .cE- 43.006(8)(c), as such rule may be amended from brae :o brae, a 5-;tint score reduction will ~e assessed against any subsequent a¢plication received. (11) Program Income is defined in 24 C.F.R. Secb=n 570.48g(e). Fursua,",t lo 24 C.F.R. Section 570.43~(e)(2)(ii)(C), program income retained by a Recipient must ~e substantially disbursed before re?.;est;ng additional funds from the Depa~ment (12) The Recipient must repo~ any program inc:me :n ~an~ from thcs cr an'/cther CDeG grant on the semi- ar, nuaI program income report (13,) The F,e;:F.',er, t may only re'.a;n pro_cram income for the purpose cf ccr,:inuing the same activit'/from which t.",e prcgram income was derived. /-.ny program income retained must be expended prior to the sutmissicn of an adminisL'ative c[¢seout package. The same activity is defined as, "additicnal units, iden:h":ed in the application, of ~he same eligible ac:ivi~ with the same direct beneficiaries to be unde.qaken and completed prior to submission of an administrative ¢oseout package." In the housing catepsr/, the Recipient may comple!e additional eligible housing rehabilitation prior to submission of an administrative closeout package if an amendment approving such housing rehabilitation is approved in writing b7 the Department. (14} All Rec!pient or Subrecipient contracts for which CDBG is in any pad a funding source, shall contain language to provide for termination with reasonable costs to be paid by the Recipient for erigible contract v/or.'< completed prior to the date the notice of sus~,ension of funding was received by the Recipient. Any cost incurred afl`er a notice of suspension or termination is received by the Recipient may not be funded with COBG funds unless previously approved in writing by the De;a,'iment consistent with 24 C.F.R. Pa~ 85. All subrecipient contracts shall contain provisions for termination for cause or convenience and shall provide for the method of payment in such event. (15) Ail amendments requiring prior Department approval must be submitted 45 days prior to the end of the contract and must be approved in writing by the Depa~ment prior to the Recipient's submission of a c)csecut package. Any closeout package received prior to the wrRten approval of said amendment is considered void ab initio, and is not considered a closeout package for the purposes of e!igibilib/or potential penalty issues re!.=ted to c!oseout. (16) Submission of inaccurate information by the Recipient in monitoring repc~ responses; audit or audit finding responses; c{oseout, program income, cr other required re~c~s; cr Requests for Funds that result in subsequent official Department action based on that inaccura.'.e information (such as the granling of administrative or final closeout status, releasing funds, or clearing findings) may, at the option of the Department, subject the Recipient to one or more of the following remedies: (a} Revocation of the official Department action(s) predicated on that repo~ or submission, revocation of closeout status, audit c~earance, monitoring report clearance, etc. (b) Such other actions as provided in Fla. Admin Cede. Rule Chapter 9E-43, based on the revocation of any official action taken by the Department which was prod!coted on the incorrect information. (c) In the case of an administrative closeout status, it would result in the nullification of the eligibility of the Recipient to apply for and receive additional CDBG funding in accordance with Section 290.045(2)(c)(i), Fla. Stat. Such revocation of administrative closeout status would also affect subsequent Depot, merit actions made on that basis, and could include the cancellation of any subsequent grant awards and repayment by the Recipient of any grant funds previously expended under the nullified grant contract. (17) Funds expended for otherwise eligible actMties prior lo the effective date of this Agreement, except for those provided for in this contrac', or prior to the effective date of the enabling amendment v/herein the DepaP, ment agrees to their elinibilit'/, fundability, or addition to this A;reement, are ineligible for funding with CDBG funds. (18) An administrative clcsecut packane shall contain the submissions detailed in Fie Admin Code. Rule ~cB-43,0~4(8) and be dated and executed by the chief elected offic!a[ or the previously established designee cf that chief elected o~cial. Should the c[cseout packa;e be incomplete, illegibJe, or UnSiC,1'=d It ','/ill be ~ ., _ , ' c,.,ns~ ..... void ab initio and is not considered a closeout package for purposes of e!igibiiit7 or potential penalty issues related to c[cseout. Pur.sua:'.t to Fta Admin Code. Rule 9B-43.03(25), the minimum score wit. hin the fundaote ronco for the an~iicadcn cycle in which this Agreement shall be established by the publication and distribution of the Fmal Ranking After Appeals. Any amendment which would reduce the score below the fundable range shall not be approved by the Den, aAment. (20) Pursuant to 24 C.F.R. Sec:ion 570.48.C(b). those pre-a~reement costs reflected in the grant application su,,m t,.., that relate to preparation of the grant application are considered e!igible costs as crib!nelly ~' i'~'~ a~d may be reim=ursed to the Recipient, if ',,hey are othe~-,visa in compliance with all other requirements cf this c,nntract. ' .,,. r ........ ~2phca'.ion and this cc,",tract, m... a:ccm=~ishmen:s ¢~'"*'~'~ in the (21) If,he ReclF. ient fads L~ ~' F. ena:t:es shall be asness~ ana;~st f .... e.,.,.,='"'i,...;c,~s .......... ,.,,, s.a. , :.~ F,',~, .... .cE-43.005(5), Fa (22) Any a.'r..e.'~dmem requmn; Oe;a.'"tment pncr wr;:e~ a=r. rova~ must "= s ........ d to the Depa,'In-,.ent days ar:ct to the ~-.~" ..... ,'¢ t,,.",~ c=r. tractcr a I E-;::n: ;,e,~aL"! shat; ..",, assessed a.:ainst fu,...-' ..... g;ar, t a,.....,,~ ..... pursua.~t tc Ru!e c= ,,.'~ 014(5) am=...m .... requ:nng Oe:¢xme.~t prior ...... (23) An7 -,-,-' ¢~' ' ' . ,v ....... a:nroval ',",'h:ch impacts a Close,ut Package must b" r=-¢:vFd 45 days "" ' ...... ~,,~cr ,o s'.;bmission cf that cfcsecut package cra 15-point penal."/shall be assessed acains: ' ..... ¢. . . ,u,.., .crant acslicaticn pursuant to Rule c- ,~ 014(8) P.3¢~, I $ of 24 Attachment C RECORD KEEPING A. If applicable, Recipient's performance under this Agreement shall be subject to 24 C.F.R. Pa.~ 85. "Administrative Requirements for Grants and Cooperative Agreements to State, Local, and Federally Recognized Indian Tribal Governments" or OMB Circular No. A-110, "Grants and Agreements with Institutions of High Education, Hospitals, and Other Nonprofit Organizations," and either OMB Circular Nc. A-37, "Ccst Principles for State and Local Governments," OMB Circular No. A-21, "Cost Principles for Educational Institutions," or OMB Circular No. A-122, "Cost Principles for Nonprofit Organizations." If this Agreement is made with a commercial (fcr-prcfit) organization on a cost-reimbursement basis, the Recipient cheil be subject to Federal Acquisition Regulations 31.2 and 931.2. "B. All original records pertinent tc this Agreement shall be relained by the Recipient for three ye--rs following the date of termination of this Agreement or of submission of the final close-out report, whichever is la:er, with the following exceptions: 1. If any lit. Jgation, claim cr au,,,;t is started before the expiration of the three-year l::eriod and exte.~s b. eyond the three-year perJcd, the records will be maintained until all litigation, claims or audit findings involving the records have been resolved. 2. Records for the disposition cf non-expendable personal proper;',/value"', at S ;.COO or mcr=. a: :.",e time of acquiskJcn shall be retained for three years a,":er final disposition. 3. A!I records re!ating to real F. rcperty acquisition shall be retained for three years fcllcwing fine! clcseout cr un:J[ the period for retention cf re[avant displacement records has expire~, whichever is a:prc;.rigte. 4. Records relating to displaced persons or businesses shall be retained for three years fcI~c,,,,,in.: final c!csecut or resolution of all c!aims and litigation, whichever comes last. C. Ail records, including supporling documentation of all program costs, shall be suff;c!ent to de:-:rmine compIiance with the requirements and objectives of the Budget and Sco¢.e cf Work - Attachm.=nt A - and alt other applicable laws and regulations. D. The Recipient, its employees or agents, including all subcontractors or consultants :o be pair. from funds provided u,-,der this Agreement. shall allow access to its records at reasonable times to the Depa."'.menL its employees, and a~e,~ts. "Reasonable" shall be construed according to the circumstances bu', crclc, arily shall mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time. ct, Mdc, da'/through Frida7. "Agents" sha~l include, but ncr be limited to, auditors retained by the Department. Page 12 ' ' ~ Attachment D RESERVED Page 13 Attachment E FEDERAL LOBBYING PROHIBITIONS The Recipient ce.dries, by signature to this Agreement, that to the best of his cr her knowledge A. No Federal appropriated funds have been paid or will be paid, by or cn behalf of the unde:sigr, ed, to any person for influencing or attempting to influence an officer or employee of any a;ency, a ,,,= .... er o, Congress. an o,,J..., or employee of Congress. or an employee of a Member of Congress in connect[an ';;:,t.h the av.'arding of any federal contract, the making cf any Federal grant, the making cf any Federal loan. the er, taring into of any cooperative agreement,, and the extension, continuation, renewal, amendment or mcdi,~cation of any Federal contract, grant, loan or c,~operative agreement. B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an c~cer or employee cf a Member of Congress. an officer or employee of Congress, or an employee of a Member cf Congress in connection with this Federal contract, grant, loan or cooperative agreement, the unCersigned shall complete and submit Standard Form-LLL, "Oisc!csure Form lo Report Lobbying," in accordance with its instructions. C. The undersigned shall " re.~u,,, that the language of this certifica'.ion be included in the award documents for all suba','/ards at all tiers (including subcontracts, subgrants, and con:facts under grants, loans, a~d cooperative acreemer,'.s';. , and that all subreclcie~ts, shall ce.'li,~/and disclose a,' ........ .... ;-"'=,y This ce.,llficaticn is a material r~,nr~=n,'=~,u¢, cf fact upon which reliance was ~.,.~._.. when this transaction was made or entered into. Submission cf this ce.'11flcaticn is a prerequisite for making or e~tering into this transaction imposed by Section 1352, -"~ t~,,_ 31, U.S. Code. /-.,~y person who fails to file the required ~-": c ..... ~,,~.,,.,n shall be subject to a civil cenaltt of not less than SlO,O00 and ncr more than SiO0.OOO for each such fa;'ure. RECIPIENT By: /,? ., .,' Sighmure ,Robert; F. Fernandez, Co,~n~:v Administrator Name and Title (printed) ' ' Attachment F COPYRIGHT, PATENT AND TRADEMARKS A. If the Recipient brings to [he performance of this Agreement a pre-existing palent or copyright, the Recipient shall retain ail ricjhts and entitlements to that pre-existing patent of copyright unless the Agreement provides otherwise. B. If an'/discovery or invention arises or is developed in the course of or as a result of work or services peff, ormed under this/-.greement, or in any way connected herewith, the Recipient shall refer the discovery or invention to the DepaAment for a determination whether patent protection will be sought in the name of the State of Florida. Any and ali pa!ent rights accruing under or in connection with the performa.~ce of this Agreement are hereby rese,,ved to the State of Florida. In the event that any books, manuals, films, or other copyrightable materials are produced, the Recipient shall noti~ the Department. Any ad all copyrights accruing under or in connection with the performance under this Agreement are hereby res-..'ved to the State of Florida. .. C. VVi:hin thi~/(30) days of execution of this Agreement. Me Recipient shall disclose all intellectual properties relevant to the performance of this Acjreement which he or she knows or should know could give rise to a patent or copyright. The Recipient shall retain all righls and e~titleme~ts to any ~:;e--,.xist~ng intellectual pro~:ert/which is so disclosed. Failure tc disclose will indicate that no such pro;er~! exis;s. The Department shall then. under Para;ra;h lb), have the ri.cbt to all patents and ccpyri~.hts which occur du;ic.~ performance of the Agreement. Page 14 Attachment G STATEMENT OF ASSURANCES The Recipient hereby assures and certifies that: A. It possesses legal authori~'/to enter into this a~reement, and to execute the propcsed program. B. Its governing body has duly a.._,opted or passed as an official act a resolution, motion or similar authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the Recipient's chief executive officer to act in connection with the a;.plication and to provide such additional information as may be required. C. No member ~f ~r d_L.a,, to th~ Con~ress ~f the United S~ates, and no Resident Commissicner, shall be " admi~ed to any share or ~a~ of this a;reeme~t or to any benefit to arise from the same. No member, officer, c, t, ,_ RecipienL cr its designees or agents, no member of the governing body cf the Iccality in oremployee ~ "n which the program is situa'.ed, a~ no Ocher ~ublic official of such locally/cr localities who exercises any functions or res;c~sibilities wi:~ res~ec: to the program during his tenure cr for one year ~ '--" . t,,e..=,,e., shall h~ve any interest direct or indirect, in any contract or subcontract, or the ~roceeds thereof, for work to be pedormed in connection with the ~rc;ram ass;sta~ un,er this a~reament. The Recipient shall incorForA:e or cause ~o be s ....c:n:ra::~ cr ~u=con:rac:s a ~rcvis~cn prohibiting such imeres: pursu~n: to the purposes s:a:e~ -~' ~ O. Ithas ~m"i~ ; ........ ~-~"' ~ ~ ~ ,,~, .~ Il ,,, ,,,~ r~l. ........ ,s c, t,,. State of Florida Inter:ovemmen:~l. Cccrdma;~cn ~nd Review (1)Any comments ~nd re.csmmenda:~cn~ made by or through c~eadnghc~s~s 8re a~t~ched ~d h~'/e been c.ns .... e~ prior to su~mis~c~ cf [he app!icmian; cr (2) BeqWred ' ' ~' '~'~ p,o~e.ures w_.. f=llcwe~ and no comments or rec=mmend~:i~ns were rece~ve~ submissio~ of the application. : Ithas ~ :" ':~ ~- '"~'~ :' _. ,ac,h,a,.. or will ¢cfl~.o,. c,,,z.., ;adic!pa'.icn c.,mz_,,~ wt,h an c;;oduni~/to pa~icica:e in the de'.erminat~:a t.. (~) Providing :' a.- ', C, ~rlC,,,~_S in development and hcus:,ng needs; (2) Providing adequate no=ices for cae cr more public hearings; and (3)Holding one or more hearings on the proposed application ~efcre ad=cc:ca of a resolu'Jc~ cr similar action by the Iccal governing bcd'/authorizing the signing of the ap~tica:~cn. F. Its chief .,,~: exe .... ye officer or other o~cer c~ Rec~pie~ ~prcved by "~ (1) Consents to assume the status of a responsible Federal o~c[al under the Na=~anal E~'virs~me~tal Policy Act of c-~ .~; ,~ 1,:;= (NEPA) and other provisions of Federal law, as s._..~_, in 24 CFR 58. which fu~hers the purposes cf NEPA, insofar as the provisions of such Federal law ap;:y to the CDEG Pro;ram; and (2) Is authorized_ and consents on .... ~., of the Recipient and h~msetf ta a%e2t the ju,' ';s .... ...... ~,~,, o¢ the Federal ccuds for the purpose of en,o, ce ...... , of his responsibilities as such an c~c~aL G. The Community Development program has been developed so ~s to give maximum ce~s~ble .rio, ,,7 to activities which will benefit Iow and moderate IncOme families, or aid in the prevention or erimination of slums or blight. (The requirement for (his certification will not preclude the State from approving an application where the Recipient certifies, and the State determines, that all or part of the community development program activities are designed to meet other community development needs having a particular urgency as s~ecit~cally explained in the application.) H. It will comply with the regulations, policies, guidelines and requirements of 24 CFR 85, OMB Circulars A-87. A- l 10, and A.122 as they' relate to the application, acce24ance, and use of F--deral funds under this document. I. Itwill comply (1) Section 110 of the Housing and Community Development Act of 1974, as amended, 24 CFR Section 570.605, and State regulations regarding the administration and enforcement of labor standards; (2) The provisions of the Davis-Bacon Act (40 USC 276 a-5) with respect to prevailing wage rates (except for projects for the rehabilita'.ion of residential prope,,lies of fewer lhan eight units) and HUD Handbook 134-'". as revised; (3) Contract Work Hours and Safety Standards Act cf 1952, 40 USC 327 ~.: seq., requiring that mechanics and laborers (including watchmen and guards) employed on federally assisted contracts be paid wages of not less Ihan one and one-half times their basic wage rates for all hou,s worked in excess of forty hours in a work week; and (4) Federal Fair Labor Standards Act. 29 USC s. 201 e'. seq., re~uinng that covered employees be paid at Feast the minimum prescribed wage, and also that they be paid one a.'.d cne.half times their basic wa.re re:es for ail hours worked in excess cf the prescribed work-week. J. It wi;I ccm.:~y w~th all requirements imposed by the State concerning s,cec:a! requirements cf la-.v, pro§ram recuirements and c .....administrative requirements, approved in ac:.'grc_=.'~ce with 24 CFR 85. K. It will co,";-,¢ly wi:h: (1) Title VI cf the C~vil Rights Act cf 17.4 (PL 88-352), and the reguWticns issued pursuant thereto (24 CFR 1), which provides the: no person in the United Sro:es shall on the crcunds of race, color, cr national origin, be excluded from pacJc!pation in, be denied the behests of, ir be other,vise subjected to discrimination under any program or activity for which the Recipient re:elves Federal f~nancial assistance and will immediately take any measures necessary to effectuate this assurance. If any real proc:em/cr struc:ure thereon is provided cr improved with the a!d of Federal fina,-,:ial assistance ex:ended to the Recipient, this assurance shall obligate the Recipient. or in the case cf any transfer of such prope,,~/, transferee, for the period during which [he real property or structure is used for a purpose for which the Federal financial assistance is extended, or for ar, other purpose invc!v!ng the provision of similar services or bane,fits; (2) Tide VI',I of ~he Civil Rights Act of 1958 (PL 90-284}, as amended, administering all programs and activities relalinc to housinc and community development in a manner to ~' .... ' . . a, ~,, .,:,~ve.y further fair housing; and will take action to a~rmatively fuAher fair housing in the sale or rental cf hcusing, the financing of housing. and the provision of brokerage sen, ices; (3) Executive Order 12259, Leadership and Coordination of Fair Hcusin.c in Federal Programs. requiring that programs and activities relating to housing and urban development be administered in a manner a~rmadve!y to furlher the goals of Tit~e VIII of the Civil Rights Act of 1.c58; (4) Section 109 of the Housing and Commumty Deve!opment Act of 1974. as amended, and the regulations issued pursuant thereto (24 CFR Section 570.601), which provides that no person in the United States Page I6 of 2,~ ' shall, on the grounds of race, color, nalional origin, or sex, be excluded from participation in, be denied the benefits of, or be subjected to discriminalion under, any program cr activity funded in whole or in part wilh funds provided under the Act; (5) Any prohibition against discrimination on the basis of age under the A=-'e Discriminalion Act of 1975 or w/Ih respect to otherwise qualified handicapped individuals as provided in Section 504 of the Rehabilitation Act of 1973 and 24 CFR 8; (6) Executive Order 11063 on e.~ual cF. pa~unity in housing and nondiscrimination in the sa!e or rental of housing built with Federal assistance; (7) Executive Order 11245 as amended by Executive Orders 11375 and 12085, and the recula~ions issued pursuar',t thereto (24 CFR 130 and 41 CFR 60), which provide that no ~erson shall be di'scriminated against on the basis of race. color, religion, sex or national origin in a~l I:hases of employment during the performance of federal or federally assisted construction contracts; affirmative action to insure fair treatment in employment, upgrading, demotion or transfer, recruitment or recruitment advertising; layoff or termination, rates of pay or other forms of compensation; and election for training and -,- o',-,, ' · a~.,.rem~._shlp, and (8) Executive Order 12898 on er',vironmental justice. L. It will com¢ly with Sec:ion 3 ~'",~ c .....Hcusin~ and Urban Development Ac: cf ~958, as amended, requmr, g that to the ',, ' grea..s, extent feasible o:¢.c,'1,un t es for trainin~ and employment ~-..give~ to lc;vet-income persons residinc, within the unit of Iocar c:vernment, in which the project is lc..."-'=" .... a,",d that contracts for wsrk in conn_.,l~n with the project be a',','arde2 to eCl.g/hie business concerns su,,s,an,~,=l t::art by, persons res!ding v,'4hin the unit of local gsvernment. M. ltv/iii: (1) Ccmp!y 'with t,,_ Unif.:rm Re;ccatic;', Assistance a,':,~ Real Prc;.e:':y A:.:..:is:::cr'. P'..licJes Ac: of ;970, as ......... .~ ..... ..... 24 CFR Section 570.43~ and Federal ~cr'.,..' -'~,-'.~,,,'dno. re=u,a.l,.,s"' ~ '"" a: 47 CF,=. 24; the requirements in 24 CF~ SectJcn 570.488 governing the resi~e.%al ant~-d~splacement and relocation assistance plan un,-'=- section 104(d) of the Act (includino a "-- ~,--" fcllowinc, such a plan); the re'.ccaticn re'~uirements of 24 CFR Se.,,c,,"'; - 570.488 governing optional relocation assistance_....-n'~,,. section 105(a)(11) of the Ac.," and HUD Ha' -"~'"ck 1378, as revised. (2) Inform affected persons of meir rights and of lhe ac.luisit~on policies a.~d ~. ......... se: fc~h in the regulations at 49 CFR 24 a~d 24 CFr'~ Section 570 4~. N. It will'. (1) Comply wi~h Title II (Uniform P, etccadon Assistance) of the Uniform P,-'",'a,,.,n'~ Assistance and Real Properb/Acquisition Policies/-.ct cf ~970 and HUD implementing re.m:!=..:~cns al 4'- CFR 24 and 24 CF~ Section 570.4~, (2) Provide re!ocation payments and offer re!coat/on assist, ante as descr~',ed in Section 205 of the Uniform Relocation Assistance Act to all persons d~splaced as a result of acquisition cf real Prope."b' for an activity assisted under the CDEG Prc.~ram. Such payments and assistance shall be provided in a fair and consistent and equkable manner that insures that t,,. re!ocaticn process does not result in different or separate treatment of such persons on account of race. color, reJigicn, na'Jcnal crigin, sex, or source of income; (3) Assure that, within a reasonable period of time prior Io displacement, comparable decent, safe and sanitary replacement dwellings will be available to all displaced families and individuals and that the range of choices available to such persons will nol vary on account of lheir race, color, religion, national origin, sex, or source of income; and (4) Inform affec',ed persons of the relocation assistance, policies and proc-~dures set forth in the regulations at 49 CFR 24 and 24 CFR S..Jon 570.488. O. It will establish safeguards to prohibit em,loyees from using positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves cr others, particularly those with whom they have family, business, or other ties pursuant to s. 112.313 and s.112.3135, Fla.. Stat. and ;24 CFR Section 570.489. P. It will comply wit,h the Anti-kickback (Cope!and) Act of 1934, 18 USC s. 874 and 40 USC s. 276a. which outlaws and prescribes penalties for "kickbacks" of wages in federally financed or assisted construction activities. Q. It will comply with the provisions of the Hatch Acl, which limits Ihe political .=:tivity of employees. R. It will give the State, HUD and the Comptroller General, through any author, zed representatives, access to and the dghl to examine all records. S. It will insure that the facilities under its ownership, lease or supervision whic,h shall be utilized in the accomplishment of the program are not listed on the Environmental Protection Agency's (EPA) list of Violating Faci!J:ies and that it ,,viii notify the State of the receipt of any communicat:cr, from the Director of the EPA Office of Federal Activities indicating that a facilit,/to be used in the proje'_.: is under consideration for listing by the EPA. T. It wiJl csmp[./with the flood insur~-nce purchase requirements of Section ° ,~..z~a) of the Flood Disaster Protection Ac: of 1973. Pub. L .c3-234, 87 s. 975, approved December 3~ ;973. Sec:ion 103(a) ,,,', ' ,-' · r. quire.i, on and aher March 2. 1974, the purchase of flood insurance in communities ;"/here such insurance is available as a condition for the receipt of any Federal financial assistance for constr,:ction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Deve!opment as an area having special flood hazards. The phrase "Feder~.l financial assistance" includes any form of loan, grant, guarani7. insurance payment, rebate, subsidy, dis~-ster assistance loan or grant, or any other form of direct or indirect Federal assistance. U. It v/ill require every building or f=-cilit,/(other than a privately owned resider4!al structure) designed, constructed, or altered with funds provided under this Part to comply with t;'~e "Uniform Federal Accessibility Standards," (UFAS) which is Appendix A to 41 CFR Section 101-19.6 for .c-~neral type buildings and Appendix A to 24 CFR 40 for residential structures. The Recipient will be responsi~!e for conducting inspections to ensure compliance with these specifications by the contractor. V. It will, in connection with its peff, crmance of environmental assessments under the National Environmental Policy Act of 1959, comply with Section 108 of the National Historic Prese?/ation Act of 1955 (16 USC 470), Executive Order 11593, 24 CFR 800, and the Preservation of Archaeolog¢cal and Historical Data Act of 195-3 (16 USC 469a-1, et seq.) by: (1) Consulting with the State Historic Preservation O~cer to identif/prcpe2ies listed in or e!igible for inc!usic~ in the National Register of Historic Places that are subject to ," ,' =" a,.,ve,s_ er, acts (36 CFR Section 800.8) by the proposed activit,t; and (2) Complying wi=h all requirements established by the State to avoid or mitigate adverse effects upon such proper, les. P~e 18 of 24 W. It will comply with: (1) The National Environmental P~licy Act of 1969 (42 USC (t3) Noise Aba.'.ament & Control: Departmental Policy s. 4321 et seq.) & 24 CFR 58 Implementation Responsibilities & Standards. 24 CFR 51, (2) Executive Order 11988, Floodplain Management Subpart B (3) Executive Order 11990, Protection of Wetlands (14) Flood Disaster Protection Act of 1973. PL 93-234 (4) The Endangered Species Act of 1973, as amended (16 (15) Protection of Historic & Cultural Proper;les under HUD USC s. 1531 et seq..) Programs. 24 CFR 59 (5) The Fish & V, fildlife Coordination Act of I958, as (16) Coastal Zone Management Act of 1972. PL 92-583 amended, (16 USC s. 651et seq.} (17) Executive Order 11593, Frotection & Enhancement (6) The Wild & Scenic Rivers Act of 1958, as amended, (16 the Culture; Environment USC s. 1271 et seq.) (18) Archi:ectur=.! & Construction Standards (7) The Safe Drinking Vv'ater Act of1974, as amended, (42 (19) Archi:ectural Barriers Act of19E8, 42 USC 4151 USC s. 300f et seq.) (20) Executive Order 11295, relating to eva!ual/on of flood (8) Section 401(t') of the Lead-Based Paint Poisoning hazards Frevention Act, as amended (42 USC s. 4831(b) et seq.) (21) Executive Order 11288, relating to the prevention, '. (9) The Clean AirArt of 1970, as amended (42 USC s. 7401 control & abatement of water pollution et seq.) (22) Cost. Effec::,ve Energy Conservation Standards, (10) The Federal Water Follution Control Act of 1972, as 24 CFR 39 amended (33 USC s. 1251 et seq.) (23) Sectic;n 8 Existing Housing Quafi,'y Standard.s, (11) The Clean Water Act of 1977 (PL 95-217) 24 CFR (12) The Solid V,3s;e Disposal Act, as amended by the (24) Reservoir Salvage Act Resource Conser/aIion & Recover/Act of 1975 (42 USC s. (25) Farm,,'and Frotection Policy Act of 1~ :; and -~01 et seq.) (25) Coastal Earrier Re$ources Act of 1952 /X)It w;ll com;ly with all pa~s of T~:'.e I of the Housing and Ccmmur, ity Deve!c.'..ment Act of 1974, as amended, which have ri.at It:eon c:te~ prey:rust/as well as with ct~,er aF.,..licable laws (Y) I[ ',','ill abide J:;y the pr.~visicns cf s. 116.11 i, Fie Sial., I:e.~a[ning t.~ ne=or, sm in its pedormance uncer =his agreement. (Z)The Recipie.~t will include the ~:ro4s[ons outlined in s. 287.055 and 2.~7.0.~=., Fie Stat.., when ne;cC/aCing contracts for se,~/ices. (AA) It has adopted and is enfcrcinc a policy prohibiting lhe use of excessive force by law enforcement ,",=, . a= .nCl.S within its jurisdiction against any individuals engaged in nonviolent civil ri.chis demonstrations, and has a~opted and is enforcing a pc[icy of enforcing applicable State an~ federal laws against physlcatly ~arring entrance or exit from a facility or location which is the subject of such nc.'~vioIent civil rights Cemons:raIion within its jurisdiction in accordance with section 519 of Public Law 101-I,:0 of the 1990 HUD App..rt.,crier:ohs AcL (BB) It will com~ly with Section 319 of PL 101-121, as provided in the "G.';ve;nmenJ',vide Guidance for I'.;ev/ Restrictions on Lobbying; Interim Final Guidance" pub!/shed in the December 20, 1989 Feder~l Eecister. which prohibits recipients of leveret contracts or granls from using appropriated funds for lobbying in connection with a grant or contract, and requires that each person who requests or receives a federal contract or grant, and their su~rec;pients, disclose lobbying under:,~ken wi:,~ non-federal funds (See Attachment D). (CC)It will expend a minimum of 70% of the aggregate of CDBG funds for act;vities that meet the provisions cf 24 CFR Sec:ion 570.484(a) for benefitting Iow and moderate income i:ersans. (DD) I~ will comply with Section 102 of the HUD Reform Act of 1989 and v,,ith 24 CFR 12. (EE) It will comply with Depa~ment Technical Memorandums re!ating to the CDF.,G Program. Pa;e 1~ of 2~ (FF) It wilt comply with HUD Circular Let, ers appropriate to the Small Cities COE~G Program. P,~cje 20 of 24 Attachment H PROPERTY MANAGEMENT AND PROCUREI~IENT A. The Recipient shall comply with procurement standards presc,-i~,ed in 24 C.F.R. Section 85.35; Rule 43.014(1), Fla. Admin. Code, as it may be amended from time to time; and relevant state and local laws applicable to the procurement o[' supplies, equipment, construction, and s---."¢ices. B. The Recipien[ shall comply with uniform standards governing the utili:alion cf property prescribed in 24 C.F.R. Part, 85 and in 24 C.F.R. Part, 570. Pa;e 2t Attachment I RESERVED Page 22 Attachment J RESERVED Collier Count'/ A'I-rACRM ENT K FFY 1998 SPECIAL CONDITIONS (i) This Agreement shall be executed by Collier Count'/("the Recipient"), and returned with those items required in paragraph t',vo (2) below Jo the Department of Community Affairs ("the Department"), at its o~ces at 2555 Shumard Oak Bc~!evard, Tallahassee, Fiorida, 32399-2100, within sixty (60) days (the '60 day period") aher receipt, in accordance with Fla. Admin. Code Rule 9B-43.014(10)(a)(3)(O. All time periods in this Agreement refer to calendar days. Aher receipt by the Department cf the signed Agreement and those submissions required in paragraph t';vo (2) be!ow, the Depac, ment will execute this Agreement and return an original to the Recipient. Should the required Agreement and the required documentation not be received within the 60 day pedod, any funding reserve:ion for the application shall expire. (2) The Recipient must satisfy the following provisions prior to the execution of this Agreement by the DepaKment. The Recipienrs failure to timely perform shall cause this Agreement to expire: (A) Develop and submit, subject to the approval of the DepaAment. detailed Work Plans for each activity Jo be funded as described in the Application and as defined on Form CDBG-E-3, The Work Plans shall indicate the proposed dates of starting and completing each of the various activities of this Agreement, including but not limited to schematic design, bidding and negotiations, and three intermediate dates for completion of potions of the activities 'i.e., 33%, 65%, and 100% completion). Funds expended for activities under':,~ken prior Io the effective date of this ;.greement are ine!igible for reimbursement except for those expenses to comply with the requirements of 24 C.F.R. 'art 58, those cre.a~reement administrative expenses included in the applica',:cn, and those a~ditiona[ p,'e-a.~regment .~st specifically referenced in this a.~reeme?,t. The expenditure of ncn-CDBG funds by the business or ocher entities 'at is considered leverage may rte;in only after the date cf the site visit. These expenCi~ures must be cn specific -.r~jected expen~i'.ures as reflected in lhe Applicaticn; (~) Submit to the Depa~r,~ent the completed Civil Rights Frof~[o Form la,ached) to facilitate the ,r.'.'~partment's civil rights review; (C) Document the creation of a separate non-interest bearing checking account ("the CDEG ,:~eraling account") for the purpose of this grant. Funds will be dispatched by the Doper's, ant directly to the CDBG c~erating acccunt. Two copies, with original signatures, of the Signature Authorization Form included with the leper "ansmi~ing this Award Agreement shall be relurned to the Department. Each individual who is a signatory on the CDBG operating account must be bonded. This condition is waived if the Rec!pient e!ects in writing to conduct its grant on a one hundred percent reimburseme?,t basis and so ce.,tifies to the Depar'¢-,,ent; (D) Submit to the Department in acceptable form an initial Form HUD 2880, or its equivalent, pursuant to 24 C.F,R. Part 12; (E) Submit to the Depa~ment in acceptable form the dccvmenta'Jon required on Form CDBG-E- 11; and (F) Submit to the Department any additional documenta::cn referenced in Appendix A to the cover letter that transmi~ed this Agreement to the Recipient. (3) Prior to the obligation cr disbursement of any funds, except for administrative expenses not to exceed Eight Thousand Dollars (S8,000), but in any case, no rater than ninety (90) days from the effective date of this Agreement, the Department shall receive from the Recipient the following, and the Recipient's failure to time!y perform will cause this Agreement to expire: (A) Document compliance with procedures set fo~h in 24 C.F.R. Part, 58, Environmental Review Procedures for Title I Community Deve!opment Block Grant Programs and 40 CF.R. Pa~s 1500-1508, National Environmental Policy Act Regulations. When this condition has been fulfilled to the satisfaction of the Department, the Department will issue a Notice of Removal of Environmental Conditions; 24 (8) Unless the Recipient has received a letter from the Department approving its procurement policy, the Recipient shall amend the policy to address the Depar'.menrs review comments and submit to the Department for its a~croval a copy of the amended policy, including documentation of adoption~ and (C) Those documents required in paragraph 5 be!ow relating to administrative services. a.mm~s,ra,~ve funds exceeding S1,5,000 (4} The Recipient shall, prior to the disbursement of any CDEG "' ' '" and prior to awarding bids or accepting proposals for construction activities, pr.~vide'to the Deparlment a copy of ail engineering specifications, construction plans, and bid documents for all services and/or materials related to those construction activities when the anticipated costs to obtain those services and!ct materials are expected to or are ' budgeted to exceed $25,000, Fun, her, the Recipient will not award any bids for CDBG funded construction activities until the Recipient has received the Depa~ment's written comments on said en:ineering ~,"~'"" . Sp..hk. adons, COn s~.ruc~Jor'i plans, and bid documents. These submissions are for the limited purpose of identifying the extent of the activities to be accomplished with CDBG funds under this Agreement, and in no way does it indicate th~'. the Depart, me.",: has reviewed or approved the plans or bids. (5) For each procured and executed professional services contract for which CDBG funding will be o, ,,,. execution of any yet to be procured professional se.vices for which CDBG requested, or within five (5) days su.,ml, a c;pv of the following procurement documer,:s funding will bere:.,.s~'"' '~,,~ .... " " (A) Public notice cf' the terms of the request for proposals in a ne,,vs=aper of regional circulation, · :~uding a~davit cf publication; (B) List of entitles to whom a notification of the request for ~.roposa!s was provided I:'/ma~l. to '. -sm it was foxed, or to whom it was provided in some other manner; (C) List of firms 'which submi~ed a proposal (only if' sho,":-f:s".!ng ~',rccedure '.;'as used): (D) Ccmpleted shc~-Iisting evaluation / ranking forms, including any ranking summer/document, ~.nd document transmittmg the shor:.-lis:ed firms to the commission (only if shc:'t-fisting procedure used); (E) Completed final evaluation / ranking forms: (F) Potion of c=mmission minutes dealing with contract award; (G) Ccst brepk.cut frcm se!ec~ed firm used for completion cf the cos: analysis (if pricing inf;rmaticn was not submitted with proposals); tH) Contract (s;gned or proposed); (I) Truth.in-Negotiation ce.rtificadon (if not in the contract) for engineering ccn,,a.,s over S50,000; (J) If a protest was filed, a copy of the protest and documeptadcn c,~ resolution; (K) A request for the Department's approval of a single source procurement if only one firm was considered and the contract exceeds 525,000; (L) If a regional planning council or local government is performing the ser,4ces, submit only a copy of the contract and cost analysis information; and (M) If a professional sec,ices procurement will ncr be unde."taken, ss advise the Depa~ment. (6) The Recipient shall ncr expend any CDBG funds for architectural cr engineering services until the Department has received the information required in paragraph 5 above relating to architectural and engineering services. 25 (7) The Recipient shall enter into a Participating Party Agreement (Ihe 'William T. Higgs Pac, icipating Party Agreement") with VVilliam T. Higgs in accordance with the terms of this Agreement. Said William T. Higgs Participating Party Agreement shall provide in part that William T. Higgs agrees to perform the specific activities described in Ihe Application. Such William T. Higgs Pa,~icipating Part,/Agreement shall include at a minimum the fcfiowing provisions: (A) That William T. Higgs expend at a minimum, aver the date of the site visit, the amount of leverage referenced of Form CDBG-E4(I)(A) and on Attachment A to this Agreement. The funds are to be expended on street improvements and other infrastructure as descril:ed in the Application, and William T. Hic. gs will furnish documentation cf its expenditure. This documentation shall be provided to the Recipient in a form and content satisfactor/to the Department that allows accurate ready comparison between expenditures and rotated activities as defined on Form CDBG-E-4(1)(A). This documentation shall be provided to the Recipient as expe.,-.ditures occur; (B) That, if requested by the Recipient, V~Alliam T. Higgs shall provide to the Recipient or its agents such reasonable information concerning the project as the Recipient may reassnably require as it re!a!es specifica!ly to the conditions of the grant; (C) That William T. H:ggs shall begin construction and furr, ish to the Recipient evidence of V',AIliam T. Higgs's commer',cement of construction on the William T. Higgs Facilit't within a time frame to be ne.carla:ed I:e.'v,,een William T. Hig.cs and Ihe Recipient: (D) That the V~lliam T. Higgs Participating Part/Agreement and any amendments [hereto, must 1:: '.. approved by the De,ca~ment as to form and content. The right of approval granted to the De~a,~me.~: with respect tc changes in the V'~lliam T. Higgs Pa~cipatmg Party Agreement be~veen the Recipient and Wilham T. H~ggs shatl s;..:'dve the :erin cf :ms A~reement. The Department does r, cl assume any lia'-":.~ht'/or respcnsibil,:'/for the accuracy or e~forcea:ili';/cf the %~!liam T. Hi.cgs Participating Part',/Agreement through the exercise or th~s ri;hr cf approval; and (E) That any extension of the Award Agreement pursuant :o Fla. Admin. Code Rule 9B43.014 shaft act as a,", exte.",sicn cf the Wdliam T. Higgs Participating Fart/Agreeme.",t. Failure of the Recipient to nctif'/ Wlltiam T. Hig.cs of such an extension shall not invalidate this provision. (8) The Recipient shall enter into a Participating Party Agreement (the 'Shaw Aero Devices, Inc. and Shaw Aero Deve!cpment, Inc. Pa,~icipadng Part'/Agreement") with Shaw Aero Devices, Inc. and Shaw Aero Development, Inc. in accordance with the terms of this Agreement. Said Shaw Aero Devices, Inc. and Shaw Aero Development. Inc. Pa~icipa.tic, g Pa,t,/Agreement shall provide in part that Shaw Aero Devices, Inc, and Shaw Aero Development, Inc. agrees to perform the specific activities described in the Application. Such Shaw Aero Devices, Inc. and Shaw Aero Development, Inc. Partic:pating Part'/Agreement shall include at a minimum the following provisions: (A) That Shaw Aero Devices, Inc. and Shaw Aero Deve!cpmenl, Inc. shall create and satisfactorily dccume.",t the creation and/or retendcn of at least for?/.-three (43) full-time equiva!ent permanent net ne,,,,, jobs, of which twenty-three (23) full-time equivalent permanent net new jobs are to be made r, vailable to members of Iow or moderate income families as specified in the Application. If more than forty-three (43) full-time equivalent permanent net new jobs are created a~d/or retained, rift'v-one percent (51%) of those jobs shall be made available to members of Iow and moderate income families These jobs shall be created and/or retained no later than the termination date of this Agreement, as it may be amended. Documentation shall be the Florida Small C~bes COBG Program Household Income Su~'vey Form cr its equivalent fcr each job created and/or re'.ained. The documentation of the creation and/or retention of these jobs shall be retained for a period of five (5) years following the expiration of this Agreement; (8) That the failure cf Shaw Aero Devices, Inc. and Shaw Aero Development, Inc. to create or cause to be created ar',d!cr retained or to satisfactorily document the creation and/or retention of the agreed upon number of jobs to be made available to members of Iow or moderate income families, or to expend or satisfactorily document the expenditure of the full amount of leverage dollars agreed upon in ti~e Application. shall be an act of default, under the Shaw Aero Devices. Inc. and Shaw Aero Development. Inc. Participating Part,/Agreement; (C) That Shaw Aero Devices, Inc. and Shaw Aero Development, Inc. shall provide or cause to be provided such training to members of families of low and moderate income as may be necessary to equip them with the skills required for them to obtain and retain the jobs to be created and/or retained; 26 (D) That Shaw Aero Devices, Inc. and Shaw Aero Development, Inc. expend at a minimum, a~er the date of the site visit, the amounl of leverage referenced of Form CDBG.E4(i)(A) and on A~tachment A to th~s Agreement. The funds are to be expended on land, building, and equipment, ar, d Shaw Aero Devices. lac. and Shaw Aero Development, Inc. will furnish documentation of its expznditure. This documentation shall be provided Ia the sa,~s,a,,ory to the Department that aIIov,'s accurate ready comparison be,'vJeen Recipient in a form and content "' "' prow,.,., to the expenditures and related activities as defined on Form CDEG-E-4(1)(A). This documentation shall be Recipient as ex,._n..~,ures occur; (E) That Shaw Aero Devices, Inc. and Shaw Aero Deve~o.cment, Inc. shall construct or cause to be ~he A~.~hc,~don (the constructed cae cr more buildings which shall accommodate at a minimum the facility described in ' "" ' -" "Shaw Aero ,.' '"= . D_,%_s, Inc. and Shaw Aero Deve!opment, Inc. Facility"). The lar,~, buildina, and equipme.~: shat! remain titled in the name of Shaw Aero Devices, Inc. and Shaw Aero Development, Inc. until such time as all requirements in paragraph 8(A) of this A~achment K - Special Conditions have been satisfied; (F) That, if requested by the Recipient, Shaw Aero Devices, Inc. and Shaw Aero Development. ,, Inc. shall provide to the Recipient or its agents such reasonable information c=,",cerning the project as the Recipient may reasonably require as it relates specifically to the conditions of the grant; (G) That Shaw A.e:o Devices, Inc. and Shaw Aero Deve!cpment, Inc. shall be;in construe:ion and furnish to the Rec!p~ent evidence of Shaw Aero Devices, Inc. and Shaw Aero Deve!opment, Inc.'s commencement of · cnstruction cn the Shaw Aero Devices. Inc. and Shavr Aero Development, Inc. Facilit'/within a time frame to be :otiated be.",vee.~ Shaw Aero Devices, Inc. and Shaw Aero Development, Inc. and the Recipient; (~) That the Shaw Aero Devices, inc. and Shaw Aero Deve!opment. Inc. Par, icipating Part',.,, ·'eement a.~d an/amendments thereto, must be approved by the Depa~me.",: as to form and content. The right, cf sro'.,al grac,:ed ts the De;acment with respect to changes in the Shaw Aero Devices. Inc. and Shaw Aero :'/e!opment. Inc. Participa::ng Part,/A.~reement be.z/._n the Recipient and Shaw Aero Devices. Inc. and She',,/Aero _ :'/e!cpment. Inc. sha:i su,"vive the term of this Agreement. The Department ~:es nat assume any liabd;ty or · ;.:ponsibilit:/for the accuracy or en,orc~.-hd~,y of the Shaw A~,,o Devices. In-:. a.~d Shaw Aero Deve!opment, Inc. '- 2.,i, icipating Fart',/Agreement through the exercise of this right of approval; (I) That any extension of the Award Agreement pursuant to Fla. Admin. Code Rule 9B-.43.014 :"all act as a~ extension of the Shaw Aero Devices, Inc. and Shaw Aero Oeve!cpment. Inc. Participating Part',/ · .~reement. Failure of the Recipient to noti['/Shaw Aero Devices, Inc. and Shaw Aero Deve!opment, Inc. of such an ,tension shall not invalidate this provision; and (J) That. if points were claimed for doing so on Form CDaG-E-4(IV)(D), theShaw Aero Devices, Inc. and Shaw Aero Deve!opment, Inc. shall hire at least one WAGES client a~er the date of the site visit and prior to adm,,,~s,, a,~ re closeout. the Recipient's su~misslon of the :-'" '" (9) The Recipient shall track a,' new jobs created as a d~re., result cf the construction and availabili~'/of the infrastructure, t;ew businesses who wou!d other,vise not be able to locate and existing businesses who are nov/ able to expand or create ne',',' jobs because of the availabilit,/cf infrastructur, e must agree to provide such information as a condition of hookups and building permits. The aggregate of all jobs created or retained as a result of the infrastructure sha!l be counted to ensure that fi,~,/-one (51%) percent of all new full.time equivalent jobs are taken by or made available to Iow and moderate income persons. Tracking of said job creation shall continue: (A) Until cost per job (defined as total grant amount divided by total jobs created or retained) by all Participating Part, ies no longer exceeds $10,000, or (B) Until cost per job (defined as total.grant amount divided by total jobs created or retained) by ail businesses subsequently creating ne',"/jobs as a direct result of the availabilit'/of the infrastructure no longer exceeds $10,000, or (C) For one year fo!lowing physical completion of the infrastructure· 27 (10) The Recipient shall maintain records of the Recipient's, Shaw Aero Devices, Inc., Shaw Aero Development, Inc, and William T. Hip;o's expenditure o/' funds that will allow accurate and ready comparison bet,yeah the expenditures and contracted bud.,.,pet lme items by Contracted activit7 as defined on A~achment A and on the Work Plans required in Paragraph 2(A) of this A~achment K. (11) The Recipient shall obtain approval from the Department prior to expending CDBG funds for any engineering activities and costs related thereto under A~,achment D to the Farmers Home Adminis;rat~on (FmHA) enoineering fee .... e..l.. The Oepa~ment will not reimburse or fund encineering activities or costs which are not t,,_ FmHA fee schedule and Chapter 9343, Fla. Admin. Code. e~['~!e under ,-7 (12) The IDepartment wilt a'.ic',v ,h. Recipient to seek reimbursement for preliminary and desion engineerin~ expenses incurr~_d prior to the date of the Agreement, but reimbursement will be allowed only for those activities undertaken and expenses incurred after the date of the site visit. Should this contract no[ be executed by the Doper, lent, or should the procurement process be subsequently determined not to meet program requirements, no reimbursement shall be allowed. (13) The Recipient shall d.~sign or cause to be designed and construct or cause to be constructed only the minimum acco;robie level of mfras,,u,,ure to provide the required levels of se."~ice for lhe on-going operations of Shaw Aero Devices, Inc., Shaw Aero .... ,, ...... Inc., and W~lliam T. Higgs in the project area. The Recipient shall demonstrate that the "'= r~u,. chosen for installabon of said infrastructure (when appropriate) is the least, expensive of the available alternative rcules. Documentation of the satisfaction of this requirement shall be in the fcrm of a certification ';'om a licensed ~n,';n,~"r_. =. ..., bearing said ..,..._...,=,~,";~-"'"~_ seal. (14) If a CDBG funded "'" '" a.,~zW' is desioned by an engineer, architecL or other licensed professional, it shall be ce.,lified upon com;'.letJon by a licensed professional as meeting the specifications of the design, as may have been amended by char, ge orders. The date of completion o[ construction shall be noted as part, of ~he ce.~ification. This ce,,'t.ificaticn shall be accomplished prior to submission of an administrative c[osecut package, and a copy of the codification she'.', ~e submitl, ed with the administrative closecut package, (15) The R.~,p~_nt, by executing this Agreement, does thereby cedi:! that there is no ex~,..,a,~on of .,.,n.,. generated as a result of this grant. However, should program income be inadvertently program income "~,; ~ generated, it ~;/ill be returned to the Depa~ment within five days of its receipt by the Recipient. Program income Js defined in accor...a~ce with 24 C.F.R. Pa~ 570489(e) without regard to any exc',uded amount. (16) The Recipient shall provide periodic updates of HUD Form 28~0 as required for compriance wit11 24 C.F.R. .... ~on 12.32. and shall submit a final HUD Form 2~80 with the c!oseout package that is defined and required in Chapter gB-z.~, Florida Administrative Code. (17) T'ne Recipient shall annually undertake an ac;ivity to a~rmati,,'ely further fair housing pursuant to 24 C.F.R. Section 570.487(b)(4). Annually shall be defined as one activir/for each year or one-third thereof from the effective date c; :,he contract to the date cf submission of the administrative closecut, (18) Conflicts of interest re!ating to procurement shall be addressed pursuant to 24 C.F.R. Section 570.489(g). Cc2fiic',s of interest relating to acquisition or disposition of real prcpert'/; CDBG financial assistance to beneficiaries, businesses, or other third pa.'lies; or any other financial ' ' , ' m,e. es,. whether real or perceived, shall be addressed pursuant to 24 C.F.R. Section 570./-,89(h). (19) If c[simed for points on Form CDBG-E-4(IV). the Recipient shall, pursuant to the requirements of Chapter 163, F;crida Statutes, adopt an economic development element to its comprehensive plan within twelve (12) months of the Depa~ment's execution of this agreement. Failure to Iccally adopt said element will be cause for t!he Depa~ment to .,,.,,.. d funding until documentation of the adoption has been provided to the Department. (20) The Recipient shall at a minimum, expend cr cause to be e:qpended aP, er the date of the site visit, the amount of leverage, if an'/, referenced of Form CDBG-E4(I)(B) and on Attachment A to this Agreement. The funds are to be expended cn '",, .... a"':'.,, zlt~es' ' identified in the application and on A,,ac." hm.nt~, A to this Agreement. 2~ (2'1) The Recipient shall at a minimum, expend or cause to be exp.~,~ded after the da~e of the site visit, Ihe amount of leverage, if any, ret'erenced of Form COI3G-E4(I)(C) and on Attachment A to this Agreement. The funds are to be expended on the actMfies identified in the application and on Attachment A to this Agreement. · TO SUBMIT PAYMENT REQUESTS Recipient: i~ Contract#: CaD -4-0- 1- t- 77 Address: 1T imi r il Contact Person: n I I ! k N I FI ri 411 Telephone:~ Request for funds from the State of Florida Small Cities CDBG Program will be presented to the Department and will require [ ] one signature[ X ] two signatures of individuals as authorized below (Check One). ~ r hn n ~Typed Name Vin ~ A C t r I P Typed Name /,'~__ Typed/Name A non interest bearing account has been ostablished at the financial ,no,,~u,,on · listed be!ov/for deposit of CDBG funds. ir' ni nN i n I fF1 ri ~ Name of Institution Account Number 11 Fi hAv n h N I Fl ri Zl . 4 7 Address of Financial Institution I certify, as the recipient's Chief Executive Officer, that the above signatures are of the individuals authorized to sign requests for funds from the Small Cities Community Development Block Grant. / ,. .~, ~_____~, Robert F. Fernandez /! ~/~/.¢' ,.~Z,.'~._.~ C untv A mini tratr Date SIgnature ~ Typed Name and Title (~ ¢2. '~= ;'""'/. DCA USE ONLY ~ cn Date: Approved:__ ~ --~"° %'-'-- DEPARTMENT OF COMMUNITY AFFAIRS SMALL CITIES CDBG PROGRAM ACTIVITY WORK PLANS RECIPIENT Collier County DATE PREPARED June 15, 1998 CONTRACT NO. 99DB£09-21-01-~77 ACTIVITY BUDGET $ $ 7.600 (t'or this activity only) Activity Number of Proposed Beneficiaries Proposed Activity Units for this activity only Name Fire Protection Number 04a 23 23 4 Fire Hydrants Service Area # N/A LM! + VLI = Total No. of Units Type of Units Date Date Describe Proposed Action to be Undertaken or Contract # of Unils to be Proposed SS to Start End Special Condition Clearance Documentation lo be Submitted Completed be Requested 'month & (month & by"Dale End" by "Date End" by "Date End" ,/ear) year) Submil Request for Release of Funds and Environmental Condilions Submit documentation 1o clear Special Condition Numbers Submil documentation Io clear Special Condition Numbers 11/98 12198 Install Fire hydrants 100% $1,gO0 I Submit Administrative CIoseout ACTIVITY BUDGET TOTAL S 7,600 Revised 4/96 (must equal Activity Budget in the heading o~' this form) II II II IIIIIII -- I .... ................. : ........... IIi DEPARTMENT OF COMMUNITY AFFAIRS SMALL CITIES CDBG PROGRAM ACTIVITY WORK PLANS RECIPIENT, Collier County DATE PREPARED Jur~e 15, 1998 CONTRACT NO, 99DB-/0c,:J-21-0;I-E77 · ACTIVITY BUDGET $, $ 75,250 (for this activity only) Activity Number of Proposed Beneficiaries Proposed Activity Units for this activity only Name Water Facilities _ Number 0,~¢ . ~ 23 9970 LF Service Area #. N/A [ LMI + VLI = Total No. of Units Type of Units Date Date End Describe Proposed Action to be Undedaken or Contract # of Units to be Proposed $$ to Start (month & S2ecial Cond~t~cn Clearance Documentation to be Submilted Completed be Re'quested by · onth & year) by "Dale End" by "Dale End" "Date End" .~.ar) Su~mit Request for Release of Funds and Environmental Ccnditions ,~u ...... dccume~:~-:~on to dear Special Condition Numbers Submit documen',~-:~on to clear Special Condition Numbers I0/'2..5 11198 Wa:er Main Insta[la:~on 85 % 62,823 02/.99 02/99 C~cse out on all pi?.ing & Punch List 15 % 12,427 Submit Administrative Closeout ACTIVITY BUDGET TOTAL S ~ Revised 4/96 (must equal Activity Budget in the heading of Ibis form) DEPARTMENT OF COMMUNITY AFFAIRS SMALL CITIES CDBG PROGRAM ACTIVITY WORK PLANS RECIPIENT Collier County DATE PREPARED June 15, 1998 CONTRACT NO. 99DB£09-;z1-01-E77 ACTIVITY BUDGET $ 142,570 (for this activity only) Activity Number of Proposed Beneficiaries Proposed Activity Units for this activity only Name _ Sewer Facilities Number 0~ 23 23 1900 I.F Service Area# NfA _ LMI + , VLI = Total No. of Units Type of Units Dale Date End Describe Proposed Action Io be Undertaken or Contract # of Units to be Proposed SS to Start (month & Special Condition Clearance Documentation to be Submitted Completed be Requested by ~month & year) by "Date End" by "Date End" "Date End" ,,ear) Submit Request for Release of Funds and Environmental Conditions Submit documentation to clear Special Condition Numbers Submit dccumec, tation to clear Special Condition Numbers 10/.c.~, 11/.c8 Sewer Facilities Installation 85 % $121,185 02/~c9 02/99 Final Punch List Items 15 % S21,385 Submit Administrative Closeout ACTIVITY BUDGET TOTAL $ Revised 4/95 .' (must equal Activity Budget in the heading of this form) DEPARTMENT OF COMMUNITY AFFAIRS SMALL CITIES CDBG PROGRAM ACTIVITY WORK PLANS RECIPIENT Collier County DATE PREPARED June 15, 1998 CONTRACT NO. 99DB-09-21-.01-E77 . . ACTIVITY BUDGET $ 70,935. (for this activity only) Activity Number of Proposed Beneficiaries Proposed Activity Units for this a(;:.tivity only Name Storm Drains Number 04¢ 2;3 ;~3 0 Valley iniets Service Area ff. N/A LMI + VLI = Total No. of Units Type of Units Date Date End Describe Proposed Action to be Undertaken or Contract # of Units to be Proposed SS to Start (monlh & Special Conditfon Clearance Documentation to be Submitted Completed be Requested by (mcr, th & year) by "Date En¢" by "Date End" "Date End" Submit Reques= for Release of Funds and Environmental Conditions Submit docume.n:aJion to clear Special CondRion Numbers Submit documentation Io clear Special Condition Numbers 10/98 12/g8 Drainage pipes, inlets, catch basin and headwall installation 95%, $ 67,389 031.c~1 03/9~ Final Grading and punch list 5% S 3546 Subm~ Administrative Closeout ACTIVITY BUDGET TOTAL $ 70.935 Revised 4/96 (must equal Activity Budget in the heading of this form) DEPARTMENT OF COMMUNITY AFFAIRS SMALL CITIES CDBG PROGRAM ACTIVITY WORK PLANS RECIPIENT Collier County DATE PREPARED June 15, t998 CONTRACT NO. c~gDB-/09.21-01-E77 ACTIVITY BUDGET $ 307.488 (for this activity only) Activity Number of Proposed Beneficiaries Proposed Activity Units Street Improvement for this activity only Name P~ving/Gr~inq , Number 002 ~3 ~3 , /-'.800 SY Service Area # NIA LMI + VLI = Total No. of Units Type of Units Date SIad Date End Describe Proposed Action Io be Undertaken or Contract # of Units to Proposed SS to (-onth & (month & Special Condition Clearance Documentation to be Su.,m,.ed be Completed be Requested ~.ar) year) by "Date End" by "Date End" by "Date End" Submit Request for Release of Funds and Environmental Conditions Submit documentat:cn to clear Special Condition Numbers Submit dccumentat:cn to dear Special Condition Numbers 11/~ 11/98 Initial Earth wcrk 30% 138,369 11 /.,. 12/98 Turn Lane Construction 20% 36.473 12/98 02/99 Street Improvement (Paving) 40% 153,744 03/~ 03/-c4J Turn Lane Paving 5% / 3,784 03/r..,~ 03/.c¢4 Final Punch List for Paving and grading 5% 15,375 Submit Administrative Closeout ACTIVITY BUDGET TOTAL $ 347,745 Revised 4/96 (must equal Activity Budget in the heading of this form) DEPARTMENT OF COMMUNITY AFFAIRS SMALL CITIES CDBG PROGRAM ACTIVITY WORK PLANS RECIPIENT CQIlier County DATE PREPARED June 15. 1998 CONTRACT NO. 99DB-/09-21-01-E,77 ACTIVITY BUDGET $ 184,9~0 (for this activity only) Activity Number of Proposed Beneficiaries Proposed Activity Units Street improvement for this activity only Name l, iahtingllandscaoe Number_ 005 23 23 Service Area # N/A . LMi + VL! = Total No. of Units Type of Units Date Stad Date End Describe Proposed Action to be Undertaken or Contrac', # of Units to Proposed $$ to 'month & (month & Special Condition Clearance Documentation to be Submitted be Completed be Requested ./ear) year) by "Date End' by 'Date End" by "Date End" Submit Request for Release of Funds and Environmental Conditions Submit documentation to clear Special Condition Numbers Submit documentation to clear Special Condition Num=e;s 01/.c.; ,~.,..,~,cc Site Li.chting and Landscape County's Portion 100% 5 45.900 (CDBG Funded) 0 I/9") 0.~ 99 Site LiGhting and Landscape Developer's Portion 100% 5139,080 (Hon.CDBG Funded) Submit Administrative Closeout ACTIVITY BUDGET TOTAL $ Revised 4/96 ' (must equal Activity Budget in the heading of this form) DEPARTMENT OF COMMUNITY AFFAIRS SMALL CITIES CDBG PROGRAM ACTIVITY WORK PLANS RECIPIENT Collier County DATE PREPARED June 15. 1998 CONTRACT NO. 99DB:09-21-01-E77 ' _ ACTIVITY BUDGET $ $ 60.000 (for this activity only) Activity Number of Proposed Beneficiaries Proposed Activity Units for this activity only Name Admini~;tration , Number 13 Service Area # N/A .. LMI + VLI = Total No. of Units Type of Units Oate Date Describe Proposed Action to be Undedaken or Contract # of Units to Proposed $$ to ~tad End Special Condition Clearance Dccumentaticn to be be Completed be Requested ,~th & (month Submitted by"Date End" by "Date End" by"Date End" ir) & year) S,~bmi: Recuest for Re!ease of Funds and Environmental ConCi~ions Su."-mit dccumentation to clear Special Condition Num~e.'s Submit dccumentalion to clear Special Condition Numbe,,s 5.000 ................ ,:. ,.n. Adm .......... on 5.000 10/I1~B 12/31/98 5,000 01/0'/99 02/28/99 ,, 5,000 0310' g9 04/30/gg ~ 5,000 05/C -39 0(~/30Ig9 m. 5,000 r ,1/99 08131199 - 5.000 ,.01/99 10/31/~c9 "' 5.000 11/01/99 12/31/99 5,000 01/01/00 02/28/00 5,000 03/01/00 04/30/00 5,000 05IOtlO0 05/30/00 5,000 07/01/00 08/31/00 .. Submit Adminislrative Closeout ACTIVITY BUDGET TOTAL $ ~ Revised 4/96 (must equal Activity Budget in the heading of this [orm) DEPARTMENT OF: COMMUNITY AFFAIRS SMALL CiTiES CDBG PROGRAM ACTIVITY WORK PLANS RECIPIENT Col!icr Coun,ty DATE PREPARED.. June 115, '1998 CONTRACT NO. 99DB[09-;~1-01-E?7 ACTIVITY BUDGET $ 1.400.000 (for this activity only) Activity Number of Proposed Beneficiaries Proposed Activity Units for this activity only Name Acqui$ilion/Land Number 001 Service Area # , r,,~/~, i LMI + VLI = Total No. of Units Type of Units Date Start Date End Describe Proposed Action to be Undertaken or Contract # of Units to Proposed $5 to 'month & (month & Special Cor, c~ition Clearance Documentation to be Submitted be Completed be Requested /ear} year) by "Date End" by "Date End" b7 "Date End" Submit Request for Release ot' Funds and Environmental Conditions Submit documentation lo clear Special Condition Numbe:s Submit documentation Io clear Special Condition Numbe:s 03/9E 10J.c8 Acquisition of Land by Shaw Aero Devices, Inc. 100% S 1,400,000 Shaw Aero's Portion (Non-CDBG Funded) Submit Administrative Closeout ACTIVITY BUDGET TOTAL S __1,400,000_ Revised 4/95 (must equal Ac:Mty Budc~el in the heading of this form) DEPARTMENT OF COMMUNITY AFFAIRS SMALL CITIES CDBG PROGRAM ACTIVITY WORK PLANS RECIPIENT CQIlier County DATE PREPARED June 15, 1998 CONTRACT NO. 99DB -21-01-E77 ACTIVITY BUDGET $ . 6,~00,000 (for this activity only) Activity Number of Proposed Beneficiaries Proposed Activity Units for this activity only Name A~:quisition/'Buildin~_ Number QQ1 23 23 110.000 _ S(]uare Foot Service Area # N/A LMI + VLI = Total No. of Units Type of Units Date Start Date End Describe Proposed Action to be Underlaken or Contract # of Units to Proposed SS to ~monlh & (month & Specia[ Condition Clearance Documentalion to be Submit:ed be Compleled be Requested year) year) by "Date End" by "Date End" by "Date End" Submit Request for Release of Funds and Environmental Conditions Submit documentation to clear Special Condition Nu ...... s Submit documentation to clear Special Con¢ition Num~e;s . , Acquisition of 70,000 SF Ot' Factory Space and 40,000 SF of 10~ ~5 12!-c9 Office Space by Shaw Aero Devices. Ir, c. 100% S 6,800,000 Shaw Ao¢o's Portion (NonoCDBG Funded) Submit Administrative Closeout ACTIVITY BUDGET TOTAL $ 6.800.000_ Revised 4/~6 . (must equal ActMt,/Budget in the heading of th-is form) DEPARTMENT OF COMMUNITY AFFAIRS SMALL CITIES CDBG PROGRAM ACTIVITY WORK PLANS RECIPIENT _ Collier County DATE PREPARED June 15, 1998 CONTRACT NO. 99DB-/09-2'I-0'I-.E77 ACTIVITY BUDGET $ 65.000 -(for this activity only) Activity Number of Proposed Beneficiaries Proposed Activity Units for this activity_ only Name _ Engineering Number _ 1~ Service Area # N/A - LM! + VLI = Total No. of Units Type of Units Date Stad / Date End Describe Proposed Action to be Undertaken or Contract # of Units to Proposed $$ to 'month &/ (month & Special Condition Clearance Documentation to be Submit=ed be Completed be Requested year) year) by "Date End" by "Date End" by "Date End" Submit Request fcr Release of Funds and Environmental Conditions Submit documentation to clear Special Condition Numbers Submit documentation to clear Special Condition Numbers 100% $ 65,000 03/?8 12/99 EnGineering Sea-vices provided by Developer Deve. loper's Portion {Non-CDBG Funded) I Submit Administrative Closeout ACTIVITY BUDGET TOTAL $ ~ Revised 4/95 (must equal Activity Eudget in the heading of this form) STA'i'E OF FLORIDA D£PARTMENT .OF COMMUNITY AFFAIRS · ~emo ~o: P~CD: CDBG6-R 0-~ To: Ali stall cities Co:aunity Develop:emi Block.Grant Eligible Coat. unities, Regional Planning Councils anti Other Interested parties ' F?.OM: ~'is o. ~urnside, Ur - Dirts.Ch of Housing and Con, unity Developzent SU~ECT: ~CAL PRO~EENT OF PROFESSiOKAL SERVICES IN THE ADMiN!STF3.TION O~ CO~JNITY DE~P~NT B~CK I. ~ntroducticn and Purpos~ Eany questions h~ve been raised recently concerning CDBG procurement procedures. There appears to be a lack cf a~e~cate local procurement practices, and in scne instances, use cf soft'ices for ~uestionable proce': ' in selecting professional grant preparation and the administration of CDEG programs. This memorandum is an attempt to address this situation and assure that maximum open and.free competition is achieved through s:und procurement practices. · This memorandum does not supercede cr replace any app!i~ab!e federal and state laws and regulations. Eo;ever, this rem:randum uil! prcuide general guidance regarding the implementation cf these laws and reculations. All local government officials, ' consultants and others grant administrators, planning councils, ~igh des.ignated responsibility for the administration of CDSG a~ard contracts remain responsible for ensurinc comp!lance ~ith all applicable federal and state laws and regulations. Such la?ws and regulations include'but are not limited to the following: OMB circular A-102, At%achment'O; 24 CFR Part E5 Section E5.36; S. 290.047'(5), ~or~da St,tutes (%989); s. 2S$.055, ~tatute.~ (19S~) and the State of Florida CDB~ administrative rule, Florida A~inistrative code Chap%er ~B-43. These documents are distributed during the Applicant Workshop which is at the ~tart cf each funding cycle and are available, ~pcn reqluest, fro= the Depart-em-. The pu.--pose cf this memorandum is to clarify Procurement Standards for all Small citie~ CDBG eligible cor~unities and recipients cf CDBG program fund~. The memorandum sets out and applicable re~airements that are to be followed when procurin? professional se.vices under the Small cities CDBG Program A further purpose is %0 define Department policy regarding the procurement of professional ~ez-vices under the small cities CDBG program. All previous Department memos which h~ve been issued cn this subject are hereby ~uperseded. II. ~ec~o~ent ~esoonsfb~l!t~es ~n the ~rocurerent of ~rcfes~ional Se~:ices A. ~rofe~s[onal Potentia- recipients cf CDB$ funds must have writ:em procurement policies and procedures adopted and effective prior =o the advertisement for proposals to provide professional se.-vices to a~inister FFY 1989 CDBG funds. Such policies should be developed to achieve the economical and efficient administration cf the CDBG Progra=. Professional se. vices are defined as assistance obtained frcz an independent contractor through a selection and/or negotiation process which ensures maximum full and open competition. Such se~¢ices should be ac~aired as sealed proposals consistent with the ~tandards set fo~h in OMB Circular A-102, Attachment O and 24 CFR Part S5, Section 85.36. Because. differences in .price nay only be a minor concern..when co~pared to qualitative considerations, professional services may be exenpte~ from the form-al Invzta~fon to ~id process. A fo.~zal, advertised reddest, for proposals process ~ust be fc!lo~ed, and written selecticn ~rocedures must be included in all adve~isements for re~uests for proposals. All necessary and affir~...ative steps tc assure that ~mall, =iDority, women's business enterprise and labor surplus area fi~s are provided the opportunity to submit prcpcsal~ should be exercised· -- ...... To avoid violations of federal re~la~ians contained in 24 CFR Section S5.36 and OMB C-~rcular A-102, Atta:P~ent O, and policy nenoran~a issued by 5'JD, recipients should follow these guidelines: - place adve-~-~isements for proposals in =ore th~n just a single local newspaper; - do not use faUtliarit~ vith a particular Target Area cra par.~cular local jurisdiction as a ~electicn factor; - assure that more than one potential bidder can ~eet all cf the ~election factors; " . - be sure of a clear connection between the ~e!ecticn factors an~ the ~crk to be accent!lobed; . - do not use "past CDBG performance as dete.~ined by DCA" as a selection fact=r; - consider the ability of potential ~idders to become familiar with the locality in a short time and familiarity ~ith the CDSG progran; ? assure that contracts are cn!y a~a-ded to contractors ~ith suff~cient, capaci=y to complete the award contract. Sufficient records ~ust be ~ain:aine~ to ~uppo~ the kasis fcr: ' - the selected method of procurenen=; the selection 'of ~ ~* _ con.ra-~ ~ype; - the contractor selection cr reje~icn; - the selected contractor urice. C. pete~ininc pric~nq Fair and 'reasonable profits shcu!d be pe.~itte~ for ~ "pr6%essional se~ices under 24 CFF. s. ~5.36; h:Taver, a cost or price analysis must be included in all prcposa!s ~hich =uppcrts ~ ~ price. Under curren~ re~s~n,~leness c'. the proposed con.rec. the - - an h-JD ~idelines, proposals ~'hich bffer ~o prepzre · vet zuch free ~e~ice ~ay no. be tied =c the providin~ of any Previous free services =aY not ~e cCnslderea ~Y ~ - ~- in ~ele:%tng a con%factor for future ~e~ices. to prepare ~n app%tca%t?n %-hich offer ~ variable prcpcsalScn the am'arding of additional ~er~ices cr contracts fee dependent appear ~o vic!tie the ~pecific provision for =aXl=~ free and open c...~e.ltion reTaired under 24 CFR · therefore no= allom'ed under curren~ h'JD gaideline~. . Under 3ecticn 2~0 047(5), Florida Statute~ (1~), ~cverrJ. ent is pe._.u-=- to contract ~ith ~he ~zze entity for ~han cne service, provided %hat ~he local goverr~en% can doc'~ent that ~he entity is either (i) the ~o!e ~curce cr dete~ined, ~rough ~he ReTues= for ~rcpcsa!z ~rccess, tc be the ~rcpcser =cst a~vantageou~.to the local gove~ment. Hom'ever, P/JD circular Latte='81-6~ ~tate~ that' there i~ a ~roble= %'hen unlike CDBG ~rcgra~s, and ~roviding engine~rin~ ~e~'ices, and the like are l~.ped together in a single --,~''~ Such =u!ti-service ~- ~ prevent the local goverr~ent and D~. fron zffectively a~ninistering the CD~ Progra=. ' should confc~ to All -~ ~ for professional the follo%'ing: (a)' any Re,est for prcpo~a!~ m-hick includes ncre than one se~ice ~hould provide 1. proposals =.ay be suknit=e~ for one or =ore cf ~he se~ice~; 2. proposals %'ill be considered on an e~a! competitive basis; 3. ~ualifications and propcsa!s ~hould be sepnrately stated for each '. 4. the evaluation of the ~r:po~al~ should be ~eparate for each ~e~vice~ F, emora ndu.-.. ~' Page Five (~) a separate professional service~- contract :us% be executed bet~'een the:local gowerr~ent and the consultant for each par%icular CDBG progra--.. (c) those types of services havihg a relatively undefined scope, such as progra: ~anagemen: or a~.ninis:ration, and those seL-¢ices of a more defined scope, such as engineering or architectural design, =ust be separated from each other into individual contracts; and (d) each ser¢ices contract :,ust identify by program nu,-.ber and individual pr:ject the gram? to ~hich it is applicable. E. proofs.-.. Administration .. . In addition, OMB Circa!ar A-%02, Attachment O est~blishes that a ceneral conflict exists u'here alcca! c.:vernme-.-t a:'ards a ' ~-'~ -t to a fir~.., to adr..iniste- its CDBG pro,rat., ' %'bile at the sar. e ti=e the same firr, is to provide a ser¢ice, such as engineering, m'here .the ad.-.inistrator =ust oversee and ,, a~prove its c~-., %'ork. In such cases, the se.--¢ices of an ~.... independent third party should be obtained to ~rovidu t~he necessa:-:' oversight and approvals. The local government's recordkeeping ~nd ~inancial :.. r. anager, ent system should be maintained locally so that the local gcvernr, ent has control and accountability cf all CD=-~ funds- iii · Ccncl us ~cn.. The possible lack of competition in the procurezent of professional se~¢ices for %he ad-_inis.ratlon cf CDBG prograr, s appears to be inconsistent %;ith the procurement standards re,aired by state and federal regulations. ~he policies set forth in this r. emorandur, should be implemented ir~ediately to ensure ccnforr,~ance upon receipt of CDSG funds beginning %'ith FFY 19S9. Thank you for your attention and cooperation in this =a~ter. If you have any questions or require additional information, you r. ay ~-rite to Ms Wands A. jones, Planning F. ana--er, Department of ' ~ ' see Florida · .%y Affairs, 2740 Cente?~ie'-' Drive, Ta.lahas , 32399-2100 or you may contact Es. Jones at (~04) 4~7-3644. LOBI~'j f _ KqSTRUCTIONS FOR COMPLETION OF CLOSEOUT PACKAGE FLORIDA SMALL CITIES CDBG PROGRAM Revised September, 1995 Department of Community Affairs Bureau of Community Development 2740 Centerview Ddve Tallahassee, Florida 32399-2100 (904) 487-3644 Ia\'STRUCTIONS }'OR PREPAREN'G CLOSEOUT STATUS REPORT Contract Number: The number assigned to the ~ant contract by DCA. SECTION I RECIPIENT DATA: General identifiers related to the Recipient: Address, Contract Number, and Telephone Number. This facilitates review and follo~i'-up as required. Recipient: The name of the Recipient as stated in t?,e awa:'d agreement. Address: The ad'dress of the Re:ipient as stated in the awed agreement. Contact Person: The person preparing tLis repoa. Address: T'ne address of the pemon prepa.,':mg this report. Telephone No.: 'f'~,e telephone number of the person preparing the report. SECTION Il' ACCO,",IPLISHSIE.~'TS: The Recipient will identify the accomplishments achieved in relation to the contracted performance statistics for each activity. Aetivit?' Number: Enter code number shown on the Budge: Stammm,-y of the award agreement. Activity Name: Enter the name ofthe activity. National Objective: Enter A, B, or C as noted in the footnote. Accomplishments: Indicate the total number of accomplish.ri, eats set for'& in Attachment A (As Contracted) of the grant award, per activity; and the number at the completion of INs contract. SECTION IH BENEFICIARY DATA: Activity Number: Enter code number displayed on the Budget Summary ofthe grant award agreement. · Total Beneflciar|es: (,~ ¢o~ac~e~ ro ~e~ Enter the tot~l number ofperso~ con~ac~ed (from ~e most recently ~pproved ~en~ent) to behest ~om ~c~v[t[es ~d ~e n~ber beneHflng ~ of ~e date of~ closeout smms repo~. See A~c~ent A ofyo~ ~t ~d ~greement. L~ Beneficiaries: (~s Contr~ctt~ ro ~t~ Enter ~e nmber of Low ~d Moderate Bcome eMI) persons con~acted ~om ~e most recent approve~ men.ant to benefit ~d ~e nmber benefit~g ~ of~e date of ~s closeout s~ report. See Anac~ent A ofyo~ ~t awed a~eemenL ~I Beneficiaries: (As Contracted To Dote) Enter ~e n~ber of Ve~-Low Income ~I) pe~ons con~cted ~om ~e most recently approved ~en~ent to benefit ~d ~e n~ber benefiting ~ of~e date of~is closeout status report. See Anac~ent A of yo~ grxnt awed agreement. ~ex: Male: Enter cbc m~e population served ~ o(~e date offs closeout status report per activiw. Female: Ente: ~ fem~e popula~on sec'ed ~ of~e date of~is closeout smms repo~ per activin. White: Enter the wNte population (number of people) or non-minorities served to date per activity. Do not include HisFa,,'fic. Black: Enter the black population (number ofpeeple) sen'ed to date per activity. Do not include Hispa,"ffc. Hispanic: Enter the Hispanic population (number of'people) sen'ed to date per activiv,.'. Asian/Pacific Enter the Asian or Pacific Islander population (nu. nber of people) served Islander: to date per activity. American Indian/ Alaskan Native: Enter the American Indian/AI~kan Native population se,wed to date per activity. Spec~at Needs: Persons With: Disabilities Enter the number of persons with disabilities served to date per activir/. I IIIIIIIII IIIII IIIII I III IIIII - -~1 III I IIIIIIIIIIII Ii1[1111'111 -' i I i' Head of Enter the.£emale headed households s.~,-,,ed to date per ~ Household: activity. ! Elderly: Enter the elderly people sen'ed to date per activity. (over age 65); SECTION IV FAIR HOUSING: Describe activities undertaken during )'our grant period to f'~..-...Mr fair housing. At least one (1) activity per )'e~ must be listed in order for this report to be approved. ECrION v, CONTRACTUAL OBLIGATIONS: ldenti~y the contracts wk/ch have been obligated and also sp::ify if the contract falls into one of the equal opportunity/labor standards categories. These ar.-= are important to Small Cities compliance administration. Plea.se be sure to total the approp..-iate columns. Contractor's Name and Address: Enter each contractor's name and address. Please include the city and zip code. Total Contract Amount: Enter the total dollar amount ofcontra::'ual obligations made/'or e=ch (Dollars) contractor. Total Amount Paid to Contractor as of Enter the total mount paid to each contractor as of the date indicated Date on the Bottom on the bottom o£the form. Any dig~r.-nce in this amount and the total of Form: amount of'the contract must be explained - should be listed as unpaid costs. Failure to explain and documezt a.,-ly discrepancies '.,,'ill result in issuance o£NOCISS letter. Activity. Number: Indicate the activity code under which the cont"act ',,,'as solicited. Contractor Federal Identification or Social Securi .ty Number: List each contractor's Federal Identification or Social Security number in this column. This is ',.he Employers Ideztification Number. Contract Period: Enter the beginning date and the ending date of'each contract. CERTIFICATION: Please hav~ thc Chief Elected Official certify that the information contained in this closeout status report is correct. Il'thc person signing this form is other than the CEO, attach copy of delegation of authorit)'. 1. Prepare original and three copies each with original signatures. 2. Complete DCA Form $7 and submit with the Clos¢ot~t Status Report and Property Management Register, 3. Section A. Name Enter the name shown on the CDBG contract. 4. Section B. Grant Agreement Number Enter the number shov,ri on the CDBG contract. 5. Section C. Final Statement of Cost. Column (a) Lines CI to CI0: Activin.' Code Enter the pro~a~m activity code number for each CDBG activity. Column (b) Lines C1 to C10: Activity Name Enter the name of' each activity in relation to Column (a). Column (c) Lines Cl to CI0: Current/Amended Budget to Date Enter the original contracted amount or the amended contract amount fi`om the most recently approved amendment, if applicable, for each activity at the end of the program pe~od. Column (d) Lines Cl to el0: Program Income Earned Enter the mount of Program Income earned, if applicable, for each activity. Column (e) Lines CI to CI0: CDBG Funds Disbursed For each program activity listed, enter the mount of CDBG funds disbursed or paid costs charged to the approved grant mount in Column (e)I or to program income and claimed as eligible for inclusion to total program cost in Column (e)2. Add the amounts in Column (e)l and (e)2 and insert the total in Colturm (e)3. Do not include costs which are charg, ed to other fund sources, such as other State or Federal grants. Column (e) Line Cii: Totals for Funds Disbursed Enter the sum of Lines C-I through C-10, for Columns (e)l, 2, and 3. Column (0 Lines C-I to C-10: Unpaid Costs For each applicable program activity listed, enter unpaid costs chargeable to the approved grant amount in Column (f) I, or [o Program Income claimed as eligible inclusion in the to~l program cost in Column (02. Add the amounts in Columns £(1) and (02 and enter Se results in the Total Column (f)3. Unpaid costs are fuTnly determined costs which are oblig.',ted, but for which payment has not yet been made (i.e., accounts payable and relocation payments owed in the furore). Do not includ~ amounts budgeted for unsettled third-paW claims (co=tact DCA for guidance in these instances). Column (0 Line C-Il: Totals for Unpaid Costs Enter the sum of Lines C1 through C10 for Column (0 I, 2, and 3. Column (g) Lines CI to C10: CDBG Total Costs Add the amounts shown in Columns (e) and (0 and enter the sum for each ~cfivit2,.' for Columns (g) I, 2, and 3. Column (g) Line C-11: Totals for All CDBG Costs Enter the sum of Lines CI through C10, for Colurm't (~) 1,2, and 3. Note* Column (g) I Represents the fatal CDBG con,'act gr,-at a."nou.'~t, not [ncluding an)' Progr~'n. Income. Column (g) 2 Represents t..ke to'~,.zl a.mount of Program Income to l:e used to pay CDBG gr~'qt cosus. Column (g) 3 Represents ',.he final CDBG grant ~ount. Column (h) Lines CI to C10: Other Funds Disbursed For each applicable program activity listed, eater the amount of other funds disbursed (i.e., local government, private investment, and other federal funds such as FmHA). Enter the total of Lines CI th. rough CI0 on Line CI1. Ifyou have "other" rinds listed in your contract to be expended as part of the CDBG Project, and fail to report disb~"sement of these "other" funds, the closeout of t?.e Grant will be delayed until such documentation is provided. 6. Section D. Program Income Summary LineD-l: Program Income On Hand At Start Date: Enter the total amount of Program Income that was on hand, if any, as of the conu'act st,z.,'t date. Program Income includes, but is not limited to, payments of principal and interest on loav. s made with CDBG funds; proceeds from the lease or disposition of real prope:W, acquired with CDBG fu~nds; interest eva-ned on CDBG Kinds held in a revolving fund, and interest earned on any Program Income pending disposition of such income. Program Income on ha. nd must be expende~t first before drawing down any funds. If the Program Income is designated as part of a revolving loan fund, it does not have to be expended fg~'t unless the request is for an activity that can be funded under the revolving loan fund guidelines. Piece see 24 CFR 570.500 and 24 CFR 570.504 and the General Administration section of the Implementation Handbook for fur'.her instructions reg~ding program income. Line D-2: Program Income Earned/Received Since Start Date: List the amount of Program Income that has been generated since the start or effective date of the grant. Line D-3: Sub-Total of Program Income: Add the resuIts of numbers 6 (D-I). and 603-2) above. Line D-4: Type of Pro.am Income Received/Generated: . Specif')' the source(s) and amounts of Program Income reflected in items 6(D-l) and 6 (D-2) abpve. Line D-5: Amount of Program Income Expended During Contract Period: List the total amount of Program Income that ,,,,'as expended during the term of the contract to carry out CDBG activities. Line D-6: Amount of Program Income on Hand at Closeout Proera.."n Income on hand at closeout should be c~culated by adding the amount of Program Income on l~and at the start of the grant (item 6 03-1), plus the Program Income generated since the start of the gr~t (Item 6(D-2), less the total Program Income expenditures to date since the start of the grant (Item 603-5). 7. Section E. Computation of Grant Balance Line E-I: Enter the grant amount per the contract agreement from.Line C-11, Column (c) of DCA-S7. Line E-2: Enter the total amount of Program Income Resou:ces from D-3 above. Line E-3: Add E-1 and E-2 and enter the subtotal of CDBG Grant/Program Income Resources. Line E-4: Enter the CDBG Total Costs from Line C-1 I, Column (g) 3. Line E-5: Unutilized grant to be canceled (Subtract E-4 from E-3). Line E-6: Enter the total amount of grant funds received flora DCA. Line E-7: Enter the total amount of any grant funds pending from DCA. Indicate the number (#) of any pending Request for Funds. Line E-S: Add total amount of'Program Income Resources Eom D-3 above. Line E-9: Add Lines E-6, E-? and E-$ and list the subtotal of CDBO Fund resources. Line E-10: Enter the CDBG Total Costs; should be the same figure as shov,,'n on Line C-11, Column (g)3. Line E-11: · Refund Due DCA. Subtract E-10 from E-9 to dete.,'mine the refund due to DCA. Line E-12: Enter the to~ acnotm: of an)' CDBG funds on hand at time ofcloseout. (Cannot exceed $5,000). 7. Section F, Unpaid Costs List any unp.',-;d costs and describe the circumstances and amounts involved. The total amount oftmp~d costs descH~,ed must equal the amount shown on Line C-I I, Column (0 3. 8. Section G. Additional Drawdowns G-1 Indicate dali funds to be drav,,'n down for this grant have actually been drawn down. G-2 If additional.requests for funds ace to be submined, indicate the a.mount of the draw down a.r,.d the anticipated date it will be submitted. Note: Administrative Closeout will not be granted by the Depar'anent until all funds to be drawn doxy.-', have been requested by the Grantee. No funds may be requested a..qer the grant is administrativ,ely closed. 9. Section H. Escrow Accounts H-i Indicate if an escrow account was established during the term of the grant. H-2 Indicate if the escrow account was used for housing rehabilitation only. Provide an expl?nation if the account was used for anything other than eligible housing rehabilitation activities. H-3 Indicate if the escrow account(s) was interest bearing. Provide the total a-nount of interest earned on the escrow account during the term of the grant. H-5 Indicate the amount of interest transmitted to the Deparanent th, rough the date o£the closeout report. H-6 Ifil-4 (Amount of Interest earned) is greater !am H.5 (Amount of interest transmiued to the Depar,.ment), calculate the amount of interest due to the Department by subtracting H-5 from H-4 and listing the results. H-7 Indicate if all escrow checking accounts have a zero balance. If not, provide an explanation as to the status and amount of fi. ads. I0. Section 1. Certification of Recipient - Self-explanatory This ce.~ifi:a:ion must be filled out and submitted v,-ithin 45 days after the contract expiration date. No f~r',her monies or other benefits may be paid under this program unless this re~o.~ is completed and filed a required by existing law and regulations (P.L. 93-383, Section 113, 42 U.S.C. Section 313). Revised September, 1995 DC~I Map Requirements · Ma~ requircme/~ts '.'~' based on the rule requirements in effect when each contract was executed. Generally, all FFY 1994 and prior g~ants must only meet the requkemenu of Rule 9B43.0I 3(7)¢) which s~tes "The closeout package shall also cont~ a map which sh~l geogvapkically depict the acti'Aties completed during the ten'a of the CDB(3 Grant if any change h~ been made since the application or the last map." In these i.nstv, nces, maps are only requked to be submitted with the closeout when there has been a change'in the location or mount of accomplishments for ~ny activiD' since the original application (not yet approved in an amendment) or since the l~t approved amendment. .~.II FFY 1995 and later grantees must submit a ma~ that demormrates compliance with the contractu~ · --"~ce r-=uirements · Then map must depict accomplis,hments and service areas as they are at of " - . . , - Granteos w~',h housing grants must submit a map that depicts the location ..~: time ot elis-om. - .:ousing units rehabili:ated, which is keyed to a list of the households\beneficiaries (Surveys not .equired to be submit'ted). Neighborhood and Corm'nercial Revitalization Gr~tees must submit maps in sufficient de'ail to depict the location of all accomplishments and set;ice area, such as water or :ewer lines, fu'e hydrants, street improvements, parks, etc. Economic Development Gra",te:s must submit maps which indicate the location of all accomplishments supported by CDBO funds such as water and sewer lines, street construction and improvements, etc. If there are any question-~ concerning maps for yo'~ project, please call Kick Smuts or your individual Cormmunity Assistance Consulter, at (904) 487-3644. Revised September, 1995 DCA closinst.fin INSTRUCTIONS FOR PROPERTY bL~NAGEMENT REGISTER Each grantee must disclose all tangible propert>.' or equipment on the ProperD' Management Register wkich had an original purch~e or acquisition price of more than S5,000 in CDBO grant funds (oM.,,' v;here the CDBG share is $5,000 or greater). All real propert2,.' (land and buildings) must also be · disclosed on this ?roperO' Management Register, regardless of value. Routine office supplies such as paper, file cabinets, calculators, etc., should not be included on th.is form. At the closeout stage of CDBG Grants, the Depar'~ment generally expect~ grantees to retain ownership of tangible property and equipment (such as general office equipment) for use in future CDBG Grmut administration or other federal programs. However, equipment with a residual value of $5,000 or less at the date this form is completed a~ part of the grant closeout package, should be handled in accordance with 24 CFR 85.32, wkich states,"(e) Disposttion. When original or replacement equipment acquired under a grant or subgrant is no longer needed for the original project or progr,,~rn or for otl-.er activities currently or previously supported by a Federal agency, disposition of the equipment will be made as follows: (I) Items of equipment with a current per.u.-.it fair market value of less than .55,000 ma':' be retained, sold or other, vise disposed ofwith no f;,.~her obligation to the awarding a~_ency." 'l'nerefore, for tangible equipment and property La ~s category, the grantee has no further o~li~ation to tine Deparu'nent a~ter completion of the Prope~.' Management Register at the time of grant closeout. All grantees should be aware of the Stare requirement~ conce."r,"-ng properg,.' m-,magement such as those set for'& in Chapter 274, ~ entitled "Tangible Personal Prope~' Owned by Local Gore.tomcats" and other applicable regulations. There are other State lav,'s and regulation, including those of the Office of the Auditor General, by which local govemmenu mtm operate. Failure to comply with these requiremenm could result in audit findings requinng follow-up to the Office of the Auditor General, as well as the Depar'anent of Communiv,,' Affairs. There are two primary federal regulations to be followed conc.-.,"ning prope~' management related to thc.. CDBG Program and federal programs in genera.l: · 1. 24 CFR Part 570, Community Development Block Grants; Primm'7 references are 570.487 0), Change of Use of Real Property, and; 570.487 (k), Accountability for Real and Personal Pro.:e:'ty. 2. 24 CFR Part 85, Administrative Requirements for Grants and Cooperative I Agreements to State, Local and Federally Recoguized Indian Tribal Governments; Pri.ma.,-y References are, 85.3 I, Real Property, and; 85.32 Equipment, and; 85..33, Supplies. Grantees ~hould follow these regulations for property management during the acquisition, use and disposition of all pr6perty, equipment or supplies obtained with CDBG funds. These requirements cover ail real prope,"q,' and equipment that may have been obtained in whole, or in part, with CDBG program funds or administrative funds. The follo~,,'ing provides instructions for the completion of the ProperD.' Management Register at the time of grant closeout: Recipient: The n-...me of the Recipient as sin:ed in the award agreement. Contract Number: The number assigned to ti'ce grm'~t contract by DCA. (a) Description of Property. Provide a brief description of the property being reported, including the ~'pe of prope.'zy, such as Real Property (la.nd and buildings), or Equipment (copy machines, etc.). (b) Identification Number As required by 24 CFR 85.32 (d)(1), indicate the serial number or other locally assigned identification number that is part of the grantee°s property management records. (c) Date of Purchase Provide the date that the Frope~' was purchased by the grantee. (d) Cost per Unit Provide the total acquisition cost or purchase price of the.~ property, including the to',,zl CDBO amount and all other arno ~,u. nts used to acquire the prope..":y. (e) CDBG Cost Indicate the amount ofCDBO fimds used toward the purchase or acquisition of the properD.' or equipment. (0 CDBG % of Total Cost Enter the % of the total cost that was baid using CDBG funds. (Coltmm (e) divided by Column (d)) (g) Physical Location Indicate the current location of the property or equipment. (for example, "Located in Orzntee's Grant Administration Of'ice") (h) Condition Indicate the condition of the equipment as of the date the Property Management Register Form ,,,,'as completed. (i) Resid ual "/al u e Indicate the ctu'rent estim2ted value of the prope:'ty or equipment. (.j) Disposition Date If the property or equipment has been sold or othe:'~.'ise dispo'sed, provide the date of the ac:ion, · ~ ." ....:~ Disposition Amount Indicate the amount of ftmds realized through the sale or other · .: ' ' disposition action of the prope:vf or equipment. ':eoos.."ti,: .',. Indicate the method by wMch the property or equipment was · · ' . . . . · disposed (i.e., sale). EXECUTIVE, SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF SILVER LAKES PHASE TWO - E AND APPROVAL THE PERFORMANCE SECURITY OBJECTIVE: To approve for recording the final plat of Silver Lakes Phase Two ' $. CONSIDERATIONS, The Board of County Commissioners on June 29, 1993 approved the final plat of Silver Lakes Phase Two with the stipulation that the plat not be recorded until security was provided to ensure completion of the required subdivision improvements. The developer has Phased the recording of the Phase Two plat, and Phase Two - E is the final Phase ~ISCAL IMPACT: The fiscal impact to the County is listed below. The project cost is $439,254.32, (Phase Two-E) to be borne by the developer. The security amount, equal to 100% of the cost to complete the remaining improvements and 10% of the total cost of the project, is $62,064.51. The developer has provided a Letter of Credit and a Cash Bond as the required security. The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 Development Services Revenue generated by this project: Total: $25,107.79 (for all of Phase Two). Fees are based on a construction estimate of $1,394,149.92 and were paid in April and June 1993, and are reflected in the Executive Summary of June 29, 1993. DEC 1 5 1998 Executive Summary Silver Lakes Phase Two - E Page 2 GROWT}{ MANAGEMENT IM~ACT~ None RECOM/~ENDATION: That the Board of County Commissioners approve the final plat of "Silver Lakes Phase Two - E", with the following stipulations: 1) Accept the Letter of Credit and Cash Bond as security to guarantee completion of the Subdivision improvements. 2) Authorize the recording of the final plat of "Silver Lakes Phase two - E". 3) Authorize the Chairman :o execute :he attached Construction and Maintenance Agreement. 4) That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. PREPARED BY: John R. Houldsworth, Senior Engineer Date Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. Date Engineering Review Manager R~bert' Mulhere, AICP Date Planning Services Department Director ' Vincent A0 Cau~ero, AICP, Administrator Da~e Co,unity Development & Environmental Se~ices Community Dev. and Environmental Svcs. DIVISION DEC 1 5 1998 SOUTH NAPLES CONSTRUCTION AND blAINTENANCE AGREEMENT FOR SUBDMSION LMPROVI:MENTS THIS CONSTRUCTION AND MAINTL:'NANCE AGREEN~NT FOR SUBDIVISION LMTROVEMEN'FS entered into this . d~y of ........ 1998 between Conquest Development U.S.A., L.C., A Florid-., Limited Liabilit.s' Company'. hereinaRer referred to as "D~'cloper". and thc Board of Count)' Commissioners of Collier County, Horida, hereinafter referred to as thc "Board". RECITALS: A. D~'clol:x:r has. slmullan¢ously ssith thc deliveo' of this Agreement. applicd for thc 'approval 1~.' the Board ora certain plat ora subdis'ision to be kno~'n as: SILVER LAKES, PIIASE TWO-E B. Dis~ision 32. of the Collier Count' Land Development Code requircs the I:k:vcloper to post appropriate guarantees for Iht construction of thc improvements required ~' said subdivision regulations, said guarantees to be incorporated in a bonded agreement for the construction of thc required improvcments. NOW. THEREFORE. in consideration of the foregoing premises and mutual convenants hereinafter set forth, Developer and the Board do hereby covenant and agree as follows: 1. Developer ,s~"Jll cause to be constructed: Water, Scsi'er. Pas'is~R and Drainage within 36 months from the date of approval of said subdivision plat. said improvements hereinafter referred to as the required improvements, 2. Developer herewith tenders its s~bc[ivision performance securit)'~attached hereto as Exhibit "A" and by reference made a part hereof) in the amount ors {:~ O~'. 5'1 xvhich amount represents 10% of the total contract cost to complete consu'uction plus 100% of the estimated cost to comp[tie the required improvements at the date of this Agreement. I of 4 3, In thc event of default b:,.' the Developer or failure of thc Dcvcloper to complete such improvements within the time required b)' the Land l::~'clopmcnt Code. Collier Count)'. may call upon thc subdivision performance securit)' to insure ~tisfa~or).' completion of thc rcquircd imprm'cmcnts. 4. Thc required improvements shall not bc considered complete until a statcmcnt of substantial completion ~ Developer's engineer along ~sith thc final project records have been furnished tO be rcvicvs'cd and approved ~. thc D~'clopmcnt Sen'iccs Dirc~or for compliance with thc Collier Count)' Land D~,'clopmcnt Code. 5. Thc Development Scn4ccs Director shall, within sixt)' (60) d3ys o1' receipt of thc statement of substanlial completion, cilher; 31 notif.v thc l~vcloper in %~'riting of his prcliminar,.' approval of the ~mprovcmcnts; or b) notify thc D~'cloper ~n ~srmng of has refusal Io approve improvements. Iherc~v~th spccif.vlng those conditions uhieh thc Developer must fulfill in order Io obtain thc Director's approval of thc improvcments, tlmsc~-cr, in no event shall the Dc-,'clopment Sen'~ccs Director refuse prclimmar:,.' approval of thc improvcmcnts if th~' arc in fact constructed and submitted for approval in accordance with rcquircmcnts of this A~eemcnt. 6. Thc l:~'cloper shall mainl:in all required improvements for a minimum period of one y~r at~cr prcliminar), approval by. thc D~'clopmcnt S~rs'ices Director. After thc one year maintenance pcri~ ~' thc D~'clol:x:r has [crminate..d, thc Developer shall petition thc Dcx'clopment Sen'ices Director to inspect the required improvements. The Dcs'elopmcnt Sets"ices Director or his designee shall inspect the improvements and, it' found ~o be still in compliance v,~i[h thc Collicr County Land Dcvclopmcnt Code as ref'lcctcd I:9, final approval I~.' thc Board, The Board shall release thc remaining 10% of thc subdivision performance security. Thc Dcvcloper's rcsponsibilily for maintenance ol'thc required improvements shall continue unless or until thc Board accepts maintenance rcsponsibilir,.' for and ~' thc Count)'. '7. Six (6) months aRcr the execution of this Agrccmcnt and once within cwcry six (6) months thereafter thc Developer may rcquest thc D~'clopment Sen'ices Director to reduce thc dollar amount o£ the subdivision perforrnancc securi~' on the ,~sis or &&ork complctecL Each re, quest I'or a reduction in thc dollar amount of the subdivision pcrt'ormance securit)' shall be accompanied I~,.' a 2 ot'4 NO, ~ DEC i 5 lg,98 ATTEST; BOARD OF COU%'FY COIVIIv~ISSIONERS OF DWIGHT E. BROCK. CLERK COLLIER COUNTY. FLORJ'DA By: Deputy Clerk .. Chairman Approved as to form and legal sufi'iciencT: David C. Coumy Attomc)' 4 of 4 DEC 1 5 1998 Citizens Community Bank Your Independenl Bank Member FDIC COLLIER COUNTY I.AND I)E~.tLOP.MENT CODE IRREVOCABLE STANDBY LETTER OF CREDIT NO. 601636 ISSUER: Citizens Community Bank of Florida (hereinat'ter "Issuer"). 5 I01 Tamiami Tra:l E.. Naples. Fl. 34113. PI.ACE OF EXPIRY: At Issuer's counters. DATE OF EXPIRY: This Credit shall be valid until November 10, 1999, and shall thereafter be automatically renewed for successive one-year periods on the anniversary of its issue unless at least sixty (60) days prior to any such anniversap:' date. the Issuer notifies the Beneficiary in · writing by registered mail that the ~ Issuer elects t to so renev,' this Credit. APPLICANT: Conquest Development~, USA. L.C. (hereinafter "Applicant"), 1001 Silver Lakes Blvd., Naples, Fl. 34114. .; BENEFICIARY: The Board of County Commissioners, Collier County, Florida (hereinafter "Benetkiary") c/0 Office of the County Attorney, Collier Count')' Courthouse Complex, Naples, · Florida. A3IOUNT: $43,925.43 (U.S.) up to an aggregate thereofi CREDIT AVAII.ABI.E WITlh Issuer. BY: Payment against documents detailed herein and Beneficiary's drafts at sight drawn on the Issuer. DOCU3IENTS REQUIRED: AVAILABLE BY BENEFICIARY'S DRAFT(S) AT SIGtlT DIL.\WN ON Tile ISSUER AND ACCOMPANIED BY BENEFICIARY'S STATEMENT PURPORTEDLY SI~.~D BY TIlE COUNTY MANAAGER, CERTIFYING TItAT: Conquest Developmen--"fl'T~SA, L.C. has faiIed to construct and/or maintain the improvements associated with that certain plat of a subdivision known as Silver Lakes, Phase 2-E or a final inspection satisfactory to Collier County has not been performed prior to the date of expiry, and satisfactory alternative performance security has not been provided to and formally accepted by the Beneficiary." DRAFT(S) DRA%,~ UNDER Tills LETTER OF CREDIT MUST BE blARKED: "Drawn under Citizens Community liSank of Florida, Credit No. 601636 dated November I( original Letter of Credit and all amendments, if any, m~t be presented for proper eric orsergt*nt. ! 5101 Tamiaml Trail Fast · Naples. Florida 34113 TEl-: {941)775-0748 · FAX: {941)775-7854 · ww~.ccbank.com This Credit is subject to lhe Uniform Customs and Practice for Documentary Credits (1953 Revision) International Chamber of Commerce Publication No. 400. This Letter of Credit sets forth in full the terms of the Issuer's undertaking and such undertaking shall not in any way be modified, amended, or amplified by reference to any document, instrument, or agreement rei'crenced to herein or in which this Letter of Credit relates, and any such reference shall not be deemed to incorpor.~te herein by reference any document, instrument, or a~eement. Issuer hereby engages with Beneficiary that draft(s) drawn under and in compliance with the terms of' this Cred;t will be duly honored by Issuer if presented within the validity of this Credit. CITIZENS COMMUNITYBAtNK OF FLORIDA D.~vid E. Klein, Senior Vice President _:!~:. . . . EXgCTLY I~ 1 ~t,1 ,T 9dols Oacts !j CASHIER S CHECK.' . _~~..~~ EXECUTIVE SUMMARY APPROVE AN INTERAGENCY AGI~EMENT BETWEEN COLLIER COUNTY AND THE STATE OF FLORIDA DEPARTMENT OF CORRECTIONS, HENDRY COP~ECTIONAL INSTITUTION, FOR CONTINUED USE OF INMATE LABOR IN ROAD MAINTENANCE ACTIVITIES. ~: To obtain Board approval of an Interagency Agreement between Collier County and the State of Florida Department of Corrections for the use of inmates from the Hendry Correctional Institution for public works projects in Collier County. CONSIDERATIONS: The Board, meeting in regular session on October 14, 1997, approved an Interagency Agreement between Collier County and the State of Florida Department of Corrections for the use of inmates from the Hendry Correctional Institution for public works projects in Collier County in accordance with Chapter 946, Florida Statutes. and Rules of the Department of Corrections, Chapter 33-3.003 and 33-3.017. The Hendry Correctional Institution has provided this service to Collier County for approximately seven years. The County provides minor roadway safety equipment and tools (e.g., safety vests, signs, etc.), and the cost per .,,'ear is approximately 5500. The work performed by the inmates usually exceeds 10,000 man- hours per year in right-of-way clearing, litter pick-up, and maintenance of drainage facilities. FISCAL IMPACT: Funds are available in the amount of 5500 in Road & Bridge Fund I01- 163620-652140. GROWTH 31ANAGEbIENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners approve the Interagency Agreement between Collier County and the State of Florida Department of Corrections. Hendry Correctional Institution. and authorize the Chairman to execute same. SUBMITTED BY: DATE:/'Z-- ~./e~6 Ed~~-nsportation Sm'ices Director APPROVED B'~~~~~~'~'~~ DATE: /"2 "4/'-"~ Ed Ilschner, Pt~blic W~rk~-Administrator Attachments: No. I - Interagency Agreement DEC 1 5 19 )8 FLORIDA DEPARTMENT OF CORRECTIONS INTERAGENCY/PUBLIC WORKS AGREEMENT This acreement mace and entered into this ~ day of.Ju,[7_ 19..,~ by and between the State cf FIo~da Depa~ment of Corrections' ~facility, ~d~.C~[..~, hereinafter referred to as Cc,rec:,.'~ns, a~.d C.C.ILN-D. , hereinafter referred to as the Agency, is done so in accordance with Cha;ter s. -c46 ,~0 F.S., and Rules of the Department of Corrections, Chapter s. 33-3.003, F.A C. Icma',e Work Pro;ram and s. 33-3.017, FAC, Use of Inmates in Public Worl<s .~ ~~: is from 7/t/~__to~. ,/..':,< :e"'cr-e3 u,-,:e, :h:s local agreement is determined to be value added or cost savings as -~"~.,,-..,,, .....,~ '.'~.~ C :,mm u mtn/Work S~uad Manual. Va?,.e ACCe~ ~3~ Cost Savin~s .. .. . ," ,e:, each Ccr'-~:: s '--;:.'ee~- :2 :':v::.~ '~' :r, cse ~:ems sc .".: ca.5. :.;:~ acr, eck (/) °.c :he ' "cf ace':o"a:-:, c:--ce-..:-,:'. ::.er ;:ems are tc be ma'.e:' '4'.:-." :c :.",e ,e~ cf th, e number. Scree'~ :ne ."ma:es for the wcr~; :o ".e r.e"fcrmed to provide a reasonab:,~. basis to '..e~ e..e :~'? .',.':.ne present a danger :c ;r.~=e."ty cr persons. ..... :c ~ inmates each /~crkday for the =eriod o( the ~"r~m~nt Mec~.,'- c:s:cdv_ ( ~'. m',m~m* ,,'- ..... custody X ': .=,= ~ - ! vehic!es and ! C ......... al C~cers each workday tc transport --'.-m~:es ass,.gne:l to the Agency an~ to r. rovide supervision as agreed he'e[n. x .~ ~,.c ~:e f:~oc ar',d Crinks for inmate ' = Ee resco."s!~ie for the apprehension cf an escapee and handling c," problem ..~_ ~nma:es. Prowde transportation from :he work site to the correctional facility for mrna:es who refuse to work, become unable to work, or cause a disruption in the w=rk scnecule. X ~ 5e responsible for administering all disciplinary action taken against An i.~mate for ~ ~r'.frac:~cns commi~ed while under the supervision of the Agency. X__ 7 Provide fcr medical treatment for iii c.~ injured [hmo:es and transportation of such ~nmates, .o./4 _ Uo,~,ate¢ 1 ,..,- ,--~=,',--m' , Page 2 Ir, mate La.~r A ~ ~ Conduct a background check, which includes a criminal history check, and obtain approval by the institution/facility Superintendent or designee prior to authorizing Non-CorroSions personnel to participate in training to supervise inmates. 1~. g. Provide orientation and training to non-Corrections personnel approved to su,~ervise inmates pdor to their assuming supervisory responsibility of an inmate s;uad. Training will be in accordance with Corrections' guidelines for non-. norton',ions personnel supervising offenders. Provide refresher training each success:va tra,,ning year. ___~ ~..~ Nc:~,'y the A~ency in the event c~ne of their employees fails to provide proper s j.ce,,'v:s~cn of inmates, x ~, P ..... ir.mates with a:l personal items of clothing appropriate for the season of ~ ~r ~ year. x ~2 F-=/,3e ~-~ma:es for transpc~aticn/work at the appropriate times regardless of :e~-:e-~:ure cr ;.-,:!ement weather. ~,,t, less ,,c,,,~ed by the Agency of suspended ...ct< :pera:~cps. cr t.~e Departmen,: Ce:ermines that a sc. wad should not check out. ': C:-e' ~.::ache: acd:,:;cnal page if necessary). T,"e A.::-"cy a?ees :; ;re.woe for thcse items so indicated with a check to the left. of each a-".c:c=r,e:e n'.m...er. A.!! ct",er items are to be marke3 "N/A" to ,,he le~ cf the number. X ~ F~-cvtde Corrections with a schedule of hours which inmates will be worked in ,,...,r.ar~.. v,'i',h the establishe~ workday for the Agency and the transportation :~me recuireC Any deviaticn from the established schedule must be reported to an a;reec ;c:y Corrections. I~, 2 Provide su=e,'vis!on cf inmates in accord with Department of Corrections Rules a.~d R-.,';;~a:ions. Non. Corrections personnel may supervise minimum and medium ct;s',ody inmates. Each such person must have a background check, which mcluaes criminal histor'! check, and be approved by the institution/facility S,merintencent or designee and complete required orientation/training in the ,,.,- ,-, - cf s..,e, v,sa, n inmates. ti~ 3. F:cvide transportation of inmates to and from work if such is not provided by Corrections as agreed to in Section I of this Agreement. ~ -' Pro vice all tools, e~uipment, materials and personal items such as gloves, rubber ~.c.c:s. ~ard ha'.s, etc.. necessary and accropriate to perform the required work. L'-,ma:e La=-..r A;reement , Page 3 .Z._ ~ Ensure that licensing or permits are obtained if required for the work to be :e.'f, crmed. Provide necessary supervision and guidance for projects which require a ,. ..... ~, which require technical assistance to complete the project. ..~a,e,y notify Corrections in the event of an escape while the inmate is under supervision of the Agency. Report any inappropriate behavior displayed by inmates or any inmate who fails to perform his tasks in an acceptable manner. ___~ 7 F, ec:r:t daily the number of hours worked by inmates using forms r:.ovided by C:,rre::~ons and submit the form on a weekly basis to Corrections. x__ :- =.acct, a:l ,nma:e injuries, regardless of how minor in nature, to correctio;~s as soon as :,:ss.cfa Medical!y related comp;a:r;;s made by an inmate shall be reported to ::,rec:,:ns as saon as practical. In cases cf emergency, first aid, within the scope :' :re s,;:.e,"/~sor's medical training, sha!l be orovided, request emergency health care ass:s:a.".:e, and assistance,~,'~'"'"~'~",,.-. -., to corrections. .Z_ - P:c.:,ce ;,-,ma:es ,,,,,~:n a ,,,.:-,, m:n~.te res: break in the morning and afternoon. L~;'~.," .,~'"~.8'<S' shail normally begin at 12 Noon ard last at least thirty_ (30) minutes. E-.-'. :,'-.'-etas are sucervised durin_c rest and lunch breaks_ ~ " Prc.."ce an e.-,.:lcyee of the same sex as ,,,e medium custody inmate(s) to be --- :.,'%,meciate!y available to render assistance ~n cases where the squad supervisor is cf :he ce.scs:ce sex as the inmate. t~ " .=.~. ,r~ each non-Correction person a~proved to supervise inma',es and other a:=rc2r:.a:e staff members to a~end c,'ientatior,~training in the supervision of 1,%."?, &ce s ~, .... := assuming supervision cf inmates, and to attend annual refresher ":'"' _" ,, a,. ~ .,, ,n su.oervision of inmates. Orientation/training to be provided by the Depa,lment ~ 12 ;-.:e~cy hereby agrees to be liable for. and shall indemnify, defend and hold C~- ¢-,;,, harmless from all claims, suits, judgments or damages ind,.ding court .rr ..... ns cc, sis and a~orney's fees arising out of intentional acts, negligence or omissions by :he Agency in its supervision of inmates pursuant to this Agreement. If agency is an agency or subdivision of the State of Florida, this paragraph sh-'..[I not be interpro:ed as altering the state's waiver of immuni~ in tort pursuant to Section 758 28. F;crida Statutes, or to othe.-w:se impose liability on Agency for which it woutd not. c:her,vise by law be respons[ble. :X~ : 3 E~sure that ail work assignmen:s/,oro,ects UeJJlzJn~ inmates are au,honz_., orciects ;~ the mu.-jcioalit'!, city_, count. _Covernmen:al aq~ :hat o,',vate contractors em=loyed by your a_cency do not use inmat~ ,-~ ,he~r labor force. 26 DEC 1 1998 I,",ma.'.e La..t,.~r Agreement I Page 4 X ~,~ O,h_r s~ecial considerations re~ardino activities of the work souad that may b~ based on work location, etc. (Attach additional Dage(_s) if a0_olicable), II1. Tr',e D".=a~men~ cr ',he A;ency may suspend this agreement or terminate this agreement with ~.'T'..mecha:e ~.~ice. in wn~le or in part, when the interests of the Department or Agency requires such terminat~cr,. A.;reed to and signed this . day of .... lg_. m~,~--/ //~ Florida De~ar:,mer,: of Corrections cn~.rm rnwrt ea,o & ~z]~,z~a,~. (~~arne of Agency R.~'f~ Servj~ T~ie Ti,la ,',._z. ..-"/~.,., ,.~..<..-,... ,~ Name: /~ Barbara ]~. ]~erry T~:~e. ,~.:,'-~,~,-~2 T~tle: Cha:[.rnan / Al)proved as to form & legal sufficiency County Attorney..~ ATTEST*. 27 DF.[; I 5 EXECUTIVE SUMMARY RECOMMENDATION TO ACCEPT SURPLUS BID S95-2855 FOR AN AMTEL DIRECT-LINE 600 SERIES CALL SCREENING SYSTEM OBJECTIVE: That the Board of County Commissioners, Ex-Officio the governing board of the Collier County Water-Sewer District approve the sale of an Amtel Direct-Line 600 Series Call Screening Systems as surplus items. CONSIDERATIONS: These systems have been out of service for approximately two years. Public Works no longer' needs them. Public Works has solicited surplus sales bids for the equipment. 2. The bid was posted in Building W at the Collier County Government Complex on August 17, 1998 Bid inquiries were sent to twenty-eight vendors with two responses. Bid opening was held on September il, 1998. 3. Staff has evaluated the bid proposals and found Amtel Systems to be the high bidder. FISCAL IMPACT: The sale price from the award of this surplus sale would be in the amount of $205. Surplus sales revenue will be coded to the Public Works Administration cost center 408 210105 as surplus sales proceeds. The additional rex'enue does not need to be specifically budgeted. GROWTH MANAGEMENT: None RECOMMENDATION: Staff recommends that the Board of County Commissioners, Ex- Officio the governing Board of the County Water-Sewer District of Collier County, Florida, authorize the award ofsurplus sale bid S98-2858 in the amount of $205. ~'"~Ed~ard N. l~i~ Operations Director St.~~g Director Date - Ed llschn~~or~s Administrator ' Dffie / Consent Agenda OEC 5 PROPOSAL FORM FOR PURCHASE OF SURPLUS COUNTY PROPERTY (Complete Offer Blank and Return) Date of Sale: ~tember 11 1998 Bid Number: S98-2858 To: Board of County Commissioners 3301 Tamiami Trial Eas: Naples, Florida 34112 R-Z: ¢S98-2858 -- Tv,'o (2! Amtel Direct-Line 600 Series Call Screening Systems In accordance with your "Notice of ,Sale of Surplus Prope~y'. me undersigned offe:~ buy' t,',e following: T,.',o (21Amter Direct-Line 600 Series Typed Signature and Title .... Polycom Disfribufor SeNemh,'r 2. 199.~ Rhonda I.. Snell Buyer - Collier C,unlv - PuNic Works 336! Fa,:i Tamiami ~rail Building H Naples. F~vrida 34112 l>car Rh~,nda. lLnclosed i~ our o~mpleled l'roB~al Form For Purchase Of Surplu~ Countg l'r,,B'n>. Please conlacl us ~hould Ih~ bid bc aw~dcd Io our compan)' and we will make ~angemcnl~ fi~r payment and pk'k-up or .qincereI.%. /. Andrew J. Ziffcr ADi-A.%FII~L !- DEC 1 5 1998 ~:, ~'*,.l~ ';~ · , ~,i12.3., PROPOSAL FORM FOR PURCHASE OF SURPLUS COUNTY PROPERTY (Complete Offer Blank and Return) Date of Sale: Sestembe~998 Bid Number: S9~ BcarC of Counw Ccmmiss,oners ,;.,01 Tamiami Trial Eas: Naples, Florida 3z112 -- ., ,-~ ,-c- ' r-,z: ?.S=~-z,,;8 -- Two (2¢,-...,:=, , . ~.-'. ~::ord~nae with ;,'cur "Nctice cf Saie cf Sar;lu$ Prc2eA','". the ..... - ~ "' ~;;,:' :he follo,;,'ing: Two (2) A,'T'.:eF D:rec:-Lrne 8C'0 Series Call Scree¢:~.-'-,,:..--..¢"¢:*'-~- S 201.00 t';s.-.e cf Agency: 61obai ;n;erXar~ Corp. S:ree:Acdress' 630 :;. Y.¢rley. Suite 107 P.O. Box 918 ~.,';,S,~.te.Z~p. r.!o~eri,/. ,.,u 65270 Te:e:qone.'FAX: ~ 663 ,,. 262-3333 .. f 660-~ 26.3-,;899 ~.= =~,:. ~ / ~."~ ¢1¢7d ~, atle~. President Typed Signature and Title Date: 5epte~be¢ 8, Z998 EXECUTIVE SUMMARY APPROVE AN ALTERNATE ROAD IMPACT FEE FOR THE LELY MUSTANG GOLF COURSE BASED ON A SITE-SPECIFIC COMPUTATION OBJECTIVE; To obtain Board approval ora road impact fee developed using an alternate set of parameters for a private golf course and ancillary uses, such as a clubhouse and maintenance facilities. CONSIDERATIONS; Ordinance 92-22, as amended (the Ordinance) sets forth thc regulations for thc imposition, computation and collection of road impact fces. In thc Appendix to thc Ordinance, Table A lists various categories of land uses for which "standard" road impact fee rates have been established. Among those rates is a rate for "Golf Courses". The rate was predicated on several factors including the use of the ITE publication entitled Trip Generation. Trip Generation provides trip rate information. Staff investigated the proposed structure of the Lely Mustang Golf Course and determined that the following site specific factors apply in this case: 1. An examination of thc architectural plans indicates that there will be space sufficient for 12 nc,,,,' employees in the clubhouse. 2. A conversation with the owner's representative indicates that there will be about 37.000 rounds played annually at the golf course. 3. As a pr/yarc club, Section 3.10 of Ordinance 92-22, as amended, will apply for an individual road impact fee calculation. 4. The follov,'ing assumptions have been used for insertion into the Road Impact Fee Worksheet attached to this Executive Summary (Attachment No. I): A. 101 rounds/day* X 65% guests X 2 trips/person/day = 131 trips/day B. 12 employees X 2 trips/employee/day '" 24 employee trips/day c. Allowance for sen'ice trips '" 6 trips/day (restaurant, golf, maintenance trips) D. Trip length for GolfCourse per Ordinance 92-22, as amended = 4.2 miles assessable; 5 miles total. E. For these trips, the percentage of new trips on the arterial network is 100%. * This figure is based on information provided by the owner on the number of rounds played/year with an estimate of 65% members/guests coming from off- site. Based on the attached worksheet, the proposed road impact fee for the golf course and clubhouse is $20,455.00. Based on the golf course acreage, the road impact fee, per the rate table in Appendix A of the Ordinance would be $159,900 (150 acres X S1066/acre). .o. , DEC I 5 19 $ ~. I FISCAL IMPACT: The proposed road impact fee will be added to Fund 336, Road Impact Fee Trust Account No. 4. As of October 1, 1998, the balance in this Fund was S 109,100.00. GROWTH MANAQEMENT IMPA(~T; The imposition ofthe proposed road impact fee is consistent with the County's Gro~lh Manascrncnt Plan. RECOMMENDATIONS; That thc Board approve the proposed road impact fee for the Golf Course. Lely Mustang '-~"5/ SUBMITTED BY: ..~/~:?.~ DATE: /"-' / - Edward J. Kant, P.E.~ponation Services Director REVIEWED BY: n~ 'E.-, .t . DATE: Thomas E. Kuck, P.E., Engineering Review Manager APPROVED B DATE:/Z Ed Ilschner, lic Works Administrator Attachments: NO. 1 - Letter Request and Road Impact Fee Worksheet November 3. I998 TRANSPORTATION DEPT. Mr, Edwa. rd Kant, P.E. DATE: Collier Count)' Transportation Services Department AC'hON; 3301 E. Tamiami Trial - Bldg. G Naples. FL 34112 :": RE: Lel)' Resort Mustang Golf Course, Lei)' Resort Alternate Road Impact Fee "' Dear ~lr. Kant: We are subminin.c :his request for an ahcrnative road impact fee based on '.'our lener to me. dated Jul)' 24. 1908. subsequent follow-up conversations in August and Septe~nber of 1998. and that the request is in accordance with Section 2.03 of Ordinance 92-22. The site specific data that follo,,vs is based on guidance contained in your letter to Norman Trebilcock (dated June 4. 1998~ The developer has indicated that golfing facility ,,,,'ill be a private club for the exclusive use of members and their guests, with 35% of the members living within the Lely PUD boundaries and the remaining 65"i, of the members'guests coming from off-site. In addition to the above, the following site specific factors apply: l. Tss¢lxe 112) new emplo.~ees will be hired as a result of this new golf course. These cmplo.,, ecs are additional staffnecessar)' for the existing clubhouse and maintenance facilib. 2..~lr. Ryan indica:es 37.000 rounds of golf will be played on this golf facility per )'ear. This equ?tes to !01 rounds of golf per da)'. 3. The following assumptions have been used for insertion into the Road Impact Fee Worksheet attached: A. I01 rounds,day X 65% visiting members and guests X 2 tripsmember and guesffday = 131 visiting members and guests tripsday [t. 12 cmplo)ees X 2 trips/employee/day: 24 employee trips/day C. Allov, ance for sen'ice trips = 6 trips/day* (restaurant. golf. maintenance trips) D. Trip length for Golf Course per Ordinance 92-22. as amended = 4.2 miles assessable trip length. 4.9 miles for total trip length. E. For these trips, the percentage ofnev,' trips on the arterial network is 100%. * This estimate is based on historical ~nformation.1 IArrAcH £N'r s0. / ~C'IL~',.)N, ,%tlLL£R, BARTL~N ~. PEEK. INC. · DEC 1 5 r~,..,~c,.r,,,, "..;'"~ ." '": ',:',*" ' '.,-,4,, [h,~.,;, ,~t ,,, ,'~OI 0 J4' f I-OO.', TCO R..':: f" WI LSON .°:".:..X 11 L L E R As shown on the attached worksheet, using the site specific £acors above, the proposed alternate road impact fee for the golf course is S20,454.85. Following )'our review. 1 would appreciate your scheduling this item for consideration by the Board of Count)' Commisioners at your earliest convience. If you have any qucstions or concerns regarding the above data and calculations please feel free to contact me, Sinccrly. WILSON. MILLER. BARTON & PEEK. INC, Jefforv L Peru' AICP Transportation Planning Services Manager cc: Joe Ryan AGF. zHO' -OF -~ ' .o.~ DEC I 5 1998 EXECUTIVE SUMMARY APPROVE PROFESSIONAL SERVICES AGREEMENT IN THE AMOUNT OF $37,600 FOR ROADWAY AND SIGNAL IMPROVEMENTS AT IMMOKALEE ROAD AND WILSON BOULEVARD. O..~: To obtain Board approval of a Professional Services Agreement Work Order between Collier County and Wilson, Miller, Barton & Peek, Inc. (WMBP), in the amount of $37,600 (Attachment I ). CONSIDERATIONS: On October 13, 1998, the Board approved Agenda Item 16(B)(5) for the selection of Traffic Engineering Consultant firms and the requisite fixed-term agreements were executed by the Chairman. The Transportation Services Department wishes to enter into a Work Order for intersection/signalization improvements for lmmokalee Road at Wilson Boulevard. A proposal for the work was submitted by W'MBP in the lump sum amount of $37,600. Work Orders assigned under these agreements may not exceed $2S,000 without Board approval. In addition to the s{gnal improvements (flashing beacon currently in place), the intersection improvements include the widening of the roadway at the intersection of Immokalee Road and Wilson Boulevard for a left-turn lane. This widening will require extending the box culvert providing the proper shoulder widths through the intersection, thereby bringing the design cost abox'e the staff-level work order Iimit of S25,000. FISCAL IMPACT: Funds in the amount of $37,600 .are budgeted in Road Construction Gas Tax Fund 313-163673-763100-60172. GROWTtl ,MANAGEMENT IMPACT: None RECOMMENDATION: That the Board authorize staff to accept the professional services proposal submitted by Vsq¥IBP, and enter into a work order with same in the amount of $37,600 for intersection and signalization improvement plans for thc intersection of Immokalee Road at Wilson Boulevard. SUBMITTED BY: Marquita King DATE: 11/30/98 Dale ,5.,.Bathon, P.JE., Seni.oC'.Engingec" REVIEWED BY: Ed ard J. K~t,'~2~t'ah~ortation Services Director '" APPROVED I~~~~~~ DATE: ! Ed II~---h~, Public--X~Forks Administrator Attachment 1: Work CYrdcr ~TE-9g-WM-02 DEC 1 5 1998 __~;. ! WORK ORDER #TE-98-WM-02 Agreement for Fixed Term Professional Traffic Engineering Sen'ices Dated October 13, 1998 (Contract g98-2803) This Work Order is for professional traffic engineering services for work known as: Traffic signal design for the intersection of Immokalee Road and Wilson Boulevard. The work is specified in the proposal dated Nowmber 17. 1998, which is attached hereto and made a part of this Work Order. In accordance with the Terms and Condmons of the Agreement referenced above, Work Order #IE-98-%.'M-0;l is assigned to: Wilson. Miller, Barton & Peek. ~ As detailed in the attached Proposal dated November 17, 1998. Schedlllg of Worlc Complete work as required by the bld schedule and within 120 days of the Notice to Proceed authormng the start of work. .~ In accordance with Article Fsve of the Agreement. the Count2:' will compensate the Firm in accordance with the negotiated lump sum amount as indscated in the schedule below. Final Design Plans S37,100.00 Lump Sum Reimbursables S 500.00 (Pnnts. Travel, etc.) TOTAL FEE S37.600.00 Not-to-exceed without written authorization An.',' change within monetary, authority of this Work Order made subsequent to final department approval will be considered an additional service and charged according to Schedule "A" of the Agreement. PREPARED Dale A. Bathon. P.E.. Scmor Engineer Date REVIEWED BY: Edward J. Kant. P.E.. Transportation Serv~ce.s Director Date Date: Wilson. Miller. Barton & Peek. Iai:, Consultant AT'rEST: (Corporate Secretary) By: By: Type Name and Title T.~'pe Name and Title PAGE t oF DEC 1 5 1998 '.'-.tl:~, EN, IgO ~.MI:, ,.'.L S, gT~-, £,,., PROFESSIONAL SERVICES PROPOSAL TO: Mr. F.d~ant. Director T/r~fisp/e(rtation Seb'iccs Department /C'olli4'r Count.,,' G/avernment Center FROM: " Director of Transportation I)ATE: November 17. 1998 SL'B,IECT: Professional Sen'ices Proposal for Intersection:Signalization Improvement Immokalee Rd. 'b Wilson Bh'd. I. OVERVIEW 1.I, The (?oilier County Board of County Commissioners {O~A.'NER} desires to have Roadx~'ay and Signali~tion plans {PROJECT) developed for the following locations: I.~.I. The intersection oflmmokalee Road and Wilson Bh'd. 1.2. Wilson. Miller, Baron & Peek. Inc. {CONSULTANT} was selected b~ the OX~'ER to provide professional engineering sec'ices in connection wit~ the Countywide Master Contract No. 98-2803. 1.3. The PROJECT is generally described as follows: Roadway and signali~tion plans developed to meet minimum engineering design standards established b~ the Florida Depa~ment of Transpo~ation (FDOT) and by the Collier County Transpo~ation Se~'ices Depa~ment. Contract documents will be prepared by the CONSULTANT suitable for bidding. {ATTACHtAE~ NO ~., ' ' ~_ OF " %~ILSON. NIILLER, ~ARTON ~ rEEK. INC. .......... DEC I 5 1998 2. ,ASSUMPTIONS 2.1. All applicable and available right-of-v,'ay maps and construction plans will be provided by the OWNER. 2.2. CONSULTANT will design PROJECT to be compatible with existing utilities to the extent practicable. 2.3.O~,~ER will require utility owners to be responsible for relocation of their respective systems if impacted by the PROJECT. 2.4. O~,~,'.'NER ,,,.'ill submit and process PROJECT through its own internal review process in order to expedite a timely completion schedule. 3. EXCLUDED SERVICES 3.1. The professional services to be provided by the Consultant are limited to those ~ described in the Scope of Services. All other services are specifically excluded. Listed below are excluded services which ma.',' be required or desired by the : O'~X ,~ER under a separate authorization. 3. l.l. Geotechnical sen'ices at proposed v, idening location and proposed signal pole locations. 3.1" Right-of. Way sur,'ev and legal descriptions if additional rieht-of-wav needed. 4. ~COPE OF SERVICES 4.1. immokalee Rd and Wilson Blvd. 4.1.1. Roadway Plans 4.1.1.l.Perform location design survey to cover project limits including pavement widening. 4.1 .l.2.Design pavement widening on north side of lmmokalee Road to accommodate eastbound and westbound left turn lanes and sufficient shoulder widths on through lanes. 4.1.1.3.Design double 10' x 5' concrete box culvert extension to accommodate turnlane and shoulder widening. Design to provide acceptable barrier treatments on culvert and approaches. Subconsultant services will be needed for geotcchnical investigation and structural design services associated with box culvert extension. 4. !.I .4.Provide pavement marking plan sheet. 4.1.1.$.Secure required environmental permits from the appropriate regulator).' agencies. 4.1.1.6.Provide construction observation sen'ices for roadway v,'idening and culvert extension to ensure general conformance to design plans. 4.1.2. Signalization plans. 4.1,2. l.Collect 8 hour turning movement traffic counts. 4.1.2.2.Design strain pole/span wire traffic signal system with permissive left tums on minor approaches. Includes foundation design based on conservative estimate of soil properties. 4.1.2.3.Provide initial signal timings based on 8 hour turning movement counts. 4.1.2.4.Provide construction observation sen'ices during pole setting and final set up. 4.1.3. Reimbursable Expenses Expenses for blueprints, reproduction sen'ices, database searches, color graphics, overnight express delivery service, long distance telephone calls. and vehicle travel shall be reimbursable to Wilson Miller. 4.2. Quantities and Cost Opinion 4.2.1. Prepare quantities and opinion of probable construction cost for thc PROJECT in accordance with FDOT guidelines. Submit quantities and cost opinion to O~,X.~ER with 60 percent and final plans. ATTACHMENT NO ..... ( DEC 1 g i~=3 PAGE ~ OF '7 ' ' 4.3. Specifications 4.3.1. CONSULTANT will provide technical specifications and technical special provisions for all items of work not covered by the FDOT Standard Specifications, Supplemental Specifications or Recurring Special Provisions. 4.4. Phase Reviews 4.4.1. Design Submittals 4.4. I. l.Pians will be reviewed by the OWNER at intervals specified by the Og,,~ER. including phase reviev,' submittals - 60 percent and final. Content o£phase submittals are to be in general conformance to the latest FDOT Roadv,'av Plans Preparation Manual (English version). 4.4.2. Quality Assurance 4.4.2. l.Documented CONSULTANT reviews of the plans, calculations and other deliverables will be conducted for each phase review. CONSULT.R~NT will submit to the OWNER the disposition of plan review comments on a point by point basis in written form for final direction by O~,g,~ER. 4.5. Schedule 4.5.1. lmmokalee Rd. and Wilson Blvd. Notice to Proceed 0 Design Survey 21 days 60 Percent Roadway Plans 42 days 60 Percent Signal Plans 21 days 60 Percent Review 14 days Final Plans 22 davs T~tal 120 days $. FEES The fees for SCOPE OF SERVICES shall be as follows: PARA SERVIC£ LUMP SUM FEE ~ ~ AMOL,'NT 4. I Immokalee RdaWilson Blvd 4.1.I.I Design Sur,'ey $6.300 · I.I.I.2 Roadway Plans S8.300 4,1.I.3 Structures Design/Geotechnical S5.400 4. I. 1.6,Construction Observation Sen'ices 57.100 4.1.2 I Signalization Plans $10.000 4.1.3 ! Reimbursables $500 I LUMPSUM TOTAL S37.600 EXECUTIVE SUMMARY AWARD CONTRACTS FOR BID NUMBERS 98-2865 AND '98-2869 TO ENABLE THE PURCHASE OF ADDITIONAL BEACH CLEANING EQUIPMENT FOR MAINTENANCE OF THE COLLIER COUNTY, NAPLES AND MARCO ISLAND BEACHES. _OBJECTIVE: To award contracts for Bid No. 98-2865, "Beach Cleaning Vehicle" and Bid No. 98-2869, "All Purpose Utility Ti'actor" to enable the acquisition of additional beach cleaning equipment for maintenance of the Collier County, Naples and Marco Island beaches. CONSIDERATION:i;: On August S, 1997, the Board of County Commissioners approved a TDC grant application for the purchase of additional equipment for the beach cleaning operation. Subsequently, bid documents were prepared and advertised with the following results: A. Bid No. 98-2865, "Beach Cleaning Vehicle". Sealed bids were opened on September 30, I998. Advertisement for bids was posted on August 31, 1998. Invitations to bid were sent to seventy-four vendors. A summary of the bids received is as follows: _VENDOR TOTAL BID PRICIe- L. B. Smith, Inc. $51,323.00 P. G. Greiner, Inc. 41,783.54 Florida Municipal Equipment, Inc. 34,870.00 A thorough review of the proposals was conducted by the staff and as a result, it is recommended that Bid No. 98-2865 be awarded to Florida Municipal Equipment, Inc., 2850 Mine and Mill Road, Lakeland, Florida 33801 in the amount of $34,870.00,. being the lowest qualified and responsive bidder. B. Bid No. 98-2869, "Ail Purpose Utility Tractor". Sealed bids were opened on October 21, 1998. Advertisement for bids was posted on September 21, 1998. Invitations to bid were sent to IlO. vendors. A summary of the bids received is as follows' VENDOR TOTAL BID PRICE Creel Ford Tractor Company $34,562.00 DEC I 5 1598 Executive Summary Beach Cleaning Equipment Page 2 A thorough review of the proposal was conducted by the staff and as a result, it is recommended that Bid No. 98-2869 be awarded to Creel Ford Tractor Company, 3771 Palm Beach Blvd., Ft. Myers, Florida 33916 in the amount of $34,562.00, being the lowest qualified and responsive bidder. As a result of this acquisition, one full-time employee (Equipment Operator 1) would be required to operate and maintain this equipment. Based upon the current operation, it is anticipated that eight (8) hours per day would be required to perform this function. Due to the nature of this activity, it is recommended that this operation be performed through the Department. Parks & Recreation Such would enable this employee to perform other functions within the department during times when the equipment is being serviced by the Fleet Management Department. Therefore, it is requested that an additional full-time position be assigned to the Parks & Recreation Department to perform this function. Based upon the current operation, the estimated annual cost associated with this position is 522,000.00. This cost is reimbursed to the Parks & Recreation Department with TDC funds appropriated for beach maintenance activities. ,:ri.. FISCAL IMPACT: · '-' Cost' $91,432.00; to be obligated in the budget for FY 98/99. Fund: (195) Tourist Development - 60% Cost Center: (110406) Beach Renourishment - Category "A' Project Number: (80225) Collier County Beach Restoration Sufficient funds are available in the current budget for this obligation. GROWTH MANAGEMENT IMPA(~T: None RECOMMENDATIONS: That the Board of County Commissioners: 1. Award a contract for Bid No. 98-2865 to Florida Municipal Equipment, Inc. in the amount of $34,870.00. 2. Award a contract for Bid No. 98-2869 to Creel Ford Tractor Company in the amount of $34,562.00. 3. Authorize an additional full-time position to be assigned to the Parks & Recreation Department to operate and maintain the equipment. DEC 1 5 19 8 PG. Executive Summary Beach Cleaning Equipment Page 3 SUBMITTED BY: DATE: Harold E. Huber, Project Manager III Public Works Engineering Department Stev~ ~arnell, 'Director' Purchasing Department //"// REVIEWED BY: '/~'::~'~ DATE: Maria Ramze~, DirectOr Parks & Recreation Department REVIEWED BY: DATE: ~ff Bibby, P.E., Director Public Work~ Engineering Department Ed Iischner, Administrator Public Work~ Division PG. ~:~ DEC 1~ 1998 ~gXECUTIVE SUMMARY APPROVE TOURIST DEVELOPMENT CATEGORY UA" FUNDING APPLICATIONS FOR BEACII MAINTENANCE AND INLET MANAGEMENT PROJECTS. OBJECTIVE: To obtain approval of funding applications for the following projects: * Monitoring the performance of the Marco Island Segmented Breakwater project during FY 98/99. $.26.290.QQ * Monitoring the performance of the Marco Island T-Groin project during FY 98/99. $140.168.00 CONSIDERATIONS: On October 19, 1998, the Tourist Development Council considered the above noted applications for Category "A" funding. All applications were reviewed by the Beach Renourishment/Maintenance Committee on October g, 1998 and were forwarded to the Tourist Development Council with recommendations for approval. The Tourist Development Council unanimously recommended approval of these applications. Cost: $166,458.00; to be obligated in the budget for FY 98/99. Fund' (195) Tourist Development - 60%. Cost Center: (110406) Beach Renourishment - Category A. Project Numbers: (80218) Marco Beach Maintenance- $26.290.00. (80221) Capri/Big Marco Pass Inlet Management - S140.168,00, Sufficient funds are available in the reserves of Fund 195 for this obligation. A budget amendment is necessary whereby funds will be transferred from the reserves of Fund ]95 to the appropriate expenditure categories under the applicable project numbers. GROWTH MANAGEMENT IMPA(~T: None Executive Summary Executive Summary Tourist Development Category "A" Funding Page 2 RECOMMENDATIONS: That the Board of County Commissioners: 1. Approve the attached grant applications for Tourist Development - Category "A" funding in the amount of $166,455.00. 2. Approve the necessary budget amendment. SUBMITTED BY'.~~~I~-*~ DATE: /ff'"'~ '~oc' Harold E. Huber, Project Manager III Public Works Engineering Department REVIEWED B Y .'~ "v~'~'~'~~ DATE: c'"'Jef'f Bibby, P.E., Director Public Works Engineering Department APPROVED ~ DATE: /t.~ _ Z~_ ~,~ Ed Ilschner, Administrator Public Works Division attachments cc: Beach Renourishment/Maintenance Committee DEC 1 5 1998 Date 12 Oc?.ober 1998 EXHIBIT A Collier County Tourist Development Council GRANT APPLICATION Beach Renourishment and Pass Maintenance (Beach Renourishment and Pass Maintenance renourishment, restoration and erosion control, including pass and inlet maintenance) Completed applications shall be submitted to the following: address: Administrator Collier County Tourist Development Council County Administrator's Of.rice 3301 East Tamiami Trail Naples, FL 34112 I. N'ame and Address of Applicant Organization: Collier Co1~nty Board of' Qouply Commissioners 330l Tamiami Traj! East ~ap!es, Flo.r.i..d.a..34112 2, Contact Person, Title and Phone Number: Ha.try Huber , Pr0.i,ect .Manager II! 774-8192 3. Organization's Chief Official and Title: Commi$sioner Barbara..B. Chairman Board of. County Commi$sio0er~ 4. Brief Project Description: Monitorillg the performance of' the Marco Island Segmented Breakwater Project During FY 98/99. " ~,,a, xa.. DEC ! 5 1998 Collier County Tour Development Council Grant Application Page 2 5. Estimated project start date: October. 19,~98 6. Estimated project duration: , .O_ne_~.i..)_.ye__ar 7. Total amount requested' $26.2_90,00, 8. if the full amount requested cannot be awarded, can the program/project be restructured to accommodate a smaller award? Yes._..._.._ No. 9, Jdentil'y the goals and objectives for the project: '['his oroiect consisJ, t of' those oro£essio~s necessary to monitor Lh._e__~_e_rf.ormance O_f' th_e___M_a, j'_co lLlan__d .. S.e_g.mented. Breakwater con__s.[.ru~ti0n ¢on__S~LCn_t w.L[h th.e~prog, ca..rn r__Ce_g_u_ir,¢d by the state~ completion 9f' the Marco Island Beach Restoration pro_ie~;I, 10, Describe what benefits will be received from the project: Documenting the performance of. the breakwater durin_e the inilial period f'ollowin_~ construction is. extremely impgrta.nt, Th~- bre~ku,'aters we. re d_~i_ened_Io_provide a sheltered_a.r.¢a which.will a_Ccumula~e sand_.a.l_~Lr~_e a specific section or' shoreline=. The purpose of' the mg~.~orin_e is to d~..C.~,__LO w_.~.h~at breakwaters are achievin_e lhe desired shoreline resp~nae_ Thc, recommended f'req~ency of' the monitorine surveys is to determin~ shoreline response as a function of' time. because it is anticipated L~t.!he initial response will be relatively rapid compared to later years as the beach equilibrates to the mgdified wave climate. Furthermore. Ihe recent beach renourishment project wilt experience initial adjustment thai will have to be compared post construction adjustment of' the 1991 nourishment proje~:t ir order to quantif'y the effect of the breakwater, The proposed monitorin_e will therefore not only measure the. ma_enitude of 'Collier County Tour; Development Council Grant Application Page 3 shoreline response but also mea.tgre the rate at which it..Occurs. This information will insure that...if'_.at some tutu.re date it is determined that the structure should be modified to improve {he shoreline response or if the structure should be extended 7o protect a longer section of shoreline, that the de~ign..of such changes may be done in the optimum manrteL Il, Describe how the efrectlveness of the project will be evaluated: Results o.f the monitoring will be presented in_report form to the permitting agencies., and the Beach.~Renourishrnent/Maintenance Commit!e¢_f'or revicw_.and recom.rp~ndation,s a_s to futur, e..a¢~ivities necess_ar_v to rn_aintain the.integrity of the..SeRmented Breakwater Projecl 12. Describe how the project enhances existing County Tourist Developmenl programs: _This pZ.g..ject is inlegr__a_l to the long term perf'ormance and_viability of the ~arc_o Island_ Beach Restoration Pro_iect which is a ma~or contribution to the tourist attractio0, 13. Describe how financial resources will be monitored: Thepro_Ject budget will be managed through the existing financial and management structure of Collier County and will be administered by a pr~ect m~nager in the Public Works .Engineering The basis of the pro_iect budget consists of the estimate of additional services to be performed under the Professional Services Agreement with Humiston & Moore E~gineCr~, The total amount of the proposed budget is $26,290,00 'Collier County Touri Development Council Grant Application Page 4 14. Please complete the following questions and provide additional information, if necessary: * Does the proposed expenditure further the objectives outlined in the Mission Statement? Yes(X) No( ) * Does the proposed expenditure fairly distribute monies to different geographic areas of the County? Yes(X) No( ) . Does the proposed expenditure promote environmental awareness and understanding and does the proposed project address environmental considerations? Yes(X) No( ) Is the proposed project part of the ongoing Collier County beach restoration project and/or pass maintenance/dredging/ management projects? Yes(X) No( ) * Is the proposed Project required by a regulatory agency as a condition t'or approval/funding the Collier County beach restoration projects? Yes( ) No(X) * Will the proposed project contribute significantly to the progress of the beach restoration projects? Yes(X) No( ) * Will the project decrease the local cost share of an overall beach restoration project, either by decreasing the total project cost or by increasing the local/non-local ratio? Yes ( ) No ( X ) 13EC 5 1998 rCollier County Touri Development Council Grant Application Page $ · Will the project improve understanding of alternative technologies that may contribute to a cost-effective beach restoration project? Yes ( X ) No ( ) · Is there a potential for an alternative/matching funding source? Yes( ) No(X) lt'"Yes", please identify , · Is the project consistent with the Collier County Growth Management Plan and/or standing Board of County Commission action? Yes(X) No( ) · Has the project been reviewed and recommended by the Beach Renourishment/Maintenance Advisory Committee? Yes. This application wiIl be considered by the Beach Renourishment/Maintenance Committee at their regularly scheduled meeting. Their recommendation will be forwarded under separate cover. I have read the Beach Renourishment and Pass Guidelines and criteria and agree that)a)y organization will comply with all guidelines and criteria. ,<. .. , Signature of Organization s Chief Official or Designee Date: ~ · Director of Public Works Engineering Department authorized to sign Category "A" applications on behalf of the Chairman of the Board of County Commissioners. Approved by Board of County Commissioners on August 24, 1993, Agenda Item 16(H) (2). DEC ) 5 1998 · ~ Collier County Tours Development Council Grant Application Page 6 {~ROJ£CT BUDGET MARCO ISLAND SEGMENTED BREAKWATER PROJECT P£RFOR~^NC£ ~dONITORINO (FY 9S/99) ~(~TIVI,TY ~,MOUNT 1. Beach Monitoring Analysis of beach profiles out to wading depth at nine locations at approximately 100 foot intervals from the south groin to the north end of the seawall at Cape Marco and analysis of the data for incorporation in the subsequent annual monitoring report. $ 5,380 2. Beach and Hydrographic Monitoring -Analysis of Beach profiles as described above plus hydrographic surveys of the nearshore region around the breakwater segments, the inlet shoals, and portion of the channel. Analysis of the data, comparison with previous surveys, and preparation of an annual report with graphic illustrations and discussion of results. $1 {,020 3. Additional Services To include but not be limited to meetings, presentations, administrative assistance, and agency coordination as may be requested by the Owner. S 7,$00 4. Contingency (10%) $ 2.390 TOTAL $26,290 Il EII/Ih~'! ! 700 TO: ,:card of Councy Co,-..~.issioner$, Collier County F.: C" '.%. 5 e a .- ~. .: ~ n g'~ - ~. ~ nmen t/Xa in:- nance,. . . Cor.r.i % ~--_. Date !2 C:tober 1998 DEC ! 5 1998 FXtI!BJT Collier Counly Tourist Development Council GRANT APPLICATION Beach Renourlshment and Pass Maintenance (Beach Renourishment and Pass Maintenance renourishment, restoration and erosion control, including pass and inlel maintenance) Completed applications shall be submitted to the following address: ^dministrator Collier County Tourist Development Council County Administrator's Ott'ice 3301 East Tamiami Trail Naples, FL 34112 I. Name and Address of Appllcant Organization: Collier County Board of County Commissioners 3301 Tamiami Trail East Naples, Florida 34112 2, Conlict Person, Title and Phone Number: Harry Huber Project ~fanager III 774-8192 3. Organization's Chief Official and Title: Commissioner Barbara B. Berry Chairman Board of County Commissioners 4. Brief Project Description: Monitoring the pert'ormanc~ of' the Marco Island T-Groin Prolecl durlmz FY 98199, DEC § 1998 Collier County Tourist Development Council Grant Application Page 2 $. Estimated project start date: Qctober. 1098 6. Estimated project duration: _~ Oncfl)Ye~r 7. Total amount requested: $140.165 8. If the full amount requested cannot be awarded, can the program/project be restruclured to accommodate a smaller award? Yes _ No X - 9. Identify the goals and obJecl[ves for lhe project: ~, prqiect consls~s~~~~o~! se~ces neceA~ Io ~o~ ~nitodn~ during ~ 98/~ o~ ~he Marco Island ,T-~oin pr~e~ as required by s=~ial conditions in ~he pe~its ismed ~ ~EP, 10. Describe what benefits will be received from the project: ~ in~o~ation .and data provided by these se~ce~ ~!I be used to ~aluate thq pe~o~ance of the~ ~emoor.~ stmmures and pro,de a basis ~or the des~ and ~l~cadon ~or ~e~it~in~ o~e~anent stm~ures, I I. Describe how Ihe effectiveness of the project will be evaluated: ~esults or,he monito~ng ~11 be pre~nted in rein ~o~ to the pe~ittine a~encies and ~he Beach Renou~shmen~a~ntenance Committee for r~ and r~ommendations relative to installation o~ oermanent slructures for the ~tabili~don o[~deaway B~ch. DEC f 5 1998 Collier County Tourist Development Council Grant Application Page 3 12. Describe how the project enhances exiting County Tourist Development Programs: This pro_iec~ is consistent w~th and implements re~ommendation~ included .in Big _Marco and Capri Pass Inlet Management Study approved by tho Board of' COunty Commissioners on. Novernb~. 25. 1997, 13. Describe how financial resources will be monitored: Thepr~Jecl budget ~'Jll bemanaged lhrough lhe existing f~nancial and management ~'~L.C~unty_ and_will be admJnlstered by a~rojecLma.n_agerJn the ~,~S_g. agj~ 0g.Depanm~nt. , The ba~is of'the _orojecJ. bu_d.g ~¢.L~JLt'~L~fthe estimate of'additional services to be p.e_~ormed under the Professional Serv~ceL~greement Work Order with Humiston &Moore. EngineerL The total amount ofthe..proposed bud~q:.I, is $ ! 40.165, 14. Please complete the following questions and provide additional inrormalion, il' necessary: * Does the proposed expenditure further the objectives outlined in the Mission Statement? Yes ( X ) No ( ) * Does the proposed expenditure fairly distribute monies to different geographic areas of the County? Yes ( X ) No ( ) * Does the proposed expenditure promote environmental awareness and understanding and does the proposed project address environmental considerations? Yes ( X ) No ( ) * Is the proposed project part of the ongoing Collier County beach restoration project and/or pass maintenance/ dredging/management projects? Yes (X) No '( ) _ · .: Collier County Tourist Development Council Grant Application Page 4 ~" * Is the proposed project required by a regulatory agency as a condition for approval/t'unding the collier County beach restoration projects? Yes ( X ) No ( ) ~... ' Will the proposed project contribute significantly to the ~'.~ progress of' the beach restoration projects? Yes ( X ) No ( ) · Will the project decrease the local cost share of an overall beach restoration project, either by decreasing the total project cost or by increasing the local/non-local ratio? Yes ( ) No ( X ) · Will the project improve understanding of alternative technologies that may contribute to a cost-efTective beach restoration project? Yes ( X ) No ( ) Is there a potential for an alternative/matching funding source? Yes ( ) No ( X ) If"Yes", please identify · Is the project consistent with the Collier County Growth Management Plan and/or standing Board of County Commission action? Yes ( X ) No ( ) · Has the project been reviewed and recommended by the Beach Renourishment/Maintenance Advisory Committee? Yes, This application will be considered by the Beach Renourishment/Maintenance Committee at their regularly i;chcduled meeting. Their recommendation will be forwarded under seoarate cover. - DEC ! 5 J Collier County Tourist Development Council Grant Application Page $ ! have read the Beach Renourishment and Pass Guidelines and criteria and agree that my organization will comply with all guidelines and criteria. ~or Designee' Date' 'Director or' Public Works Engineering Department aulhorized to sign Category "A" applications on behalf' or' the Chairman of' the Board County Commissioners. Approved by Board or' County Commissioners on August 24, 1993, Agenda Item 16(H) (2). II£II Il: lllOl Collier County Tourist Development Council Grant Application Page 6 PROJECT BUDGET, MARCO ISLAND T-GROIN PROJECT PERFORMANCE MONITORING (FY 98/99) ACTIVITY ~,MOUNT 1. Task A: Comprehensive Survey, Data Analysis and reduction $46,940 2. TaskB: Compaction Testing $2,10:5 3. TaskC: Reports&Analysis S11,970 4. Task D: Post-Storm Survey Allowance $58,910 5. Additional Services: Meetings, presentations, administration assistance, and agency coordination as may be requested by the Owner $ 7,500 6. Contingency (10%) $12.743 TOTAL S140,168 Orln~ AppI II~OI DEC 1 5 19~8 ~;. //,, EXECUTIVE SUMMARY APPROVE CONSERVATION EASEMENT WITH THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION REGARDING THE SOUTH COUNTY REGIONAL RECLAIMED WATER STORAGE PONDS, PROJECT 74011 OBJECTIVE: That the Board of County Commissioners, as Ex-Officio the Governing Board of the Collier County Water-Sewer District, approve a conscrvation Easement to satisfy conditions of permits issued by thc Florida Department of Protection (FDEP) and the United States Army Corps of Engineers (USACOE). CONSIDERATIONS: Thc Board entered into a Settlement Agreement with Connie Hubschman, Samuel Hubschman. Teryl Beyrant, ct. al. (Seller) on October 24, 1995, agenda item 8(B)(2). In accordance with the Settlement Agreement, the Seller secured the necessary "development" permits from the FDEP and the USACOE to construct the reclaimed water storage ponds as a condition precedent to lhe County purchasing the property for the reclaimed water storage ponds. The actual closing date for this parcel was March 14, 1996. Because the proposed construction would impact existing wetlands, the Seller negotiated a wetland mitigation package with both regulatory agencies which included designating a portion of the property as a conser,'ation easement. A proposed Conservation Easement has been prepared and is attached. The attached Conservation Easement has been submitted to the FDEP for approval, and also, to the County Attorney's Office for review. Once executed by the Chairman, the Conservation Easement will be rccorded. FISCAL IMPACT: None. GROWTH .MANAGEMENT IMPACT: None. RECOMMENDATIONS: That the Board of County Commissioners, as Ex,.officio the Governing Board of the Collier County Water-Sewer District, approve a Conservation Easement in compliance with permits to construct the South County Regional Recl:,imed Water Storage Ponds, Project 7401 I, and authorize Chairman to execute same upon approval by the County Attorney's Office. Executive Summary Approve Conservation Easement Agreement "' Page 2 K~ri W. Boyer, P.E., Scnidt' Project Office of Capital Project~ M~gemmi ~ff Bibby. P.E., D~rccror Public Worl~ APPROVED B~DATE:/~'?'" ~ ~P~ · , Attachment: Con.~-rvafion Ea.-mgm A~'eement DEC ! S 1998 CONSERVATION EASEMENT STATE OF FLORIDA COUNTY OF COLLIER KNOW ALL PERSONS BY TtlESE PRESENTS that for and in consideration for the issuance of State of Florida Department of Environmental Protection Pen.nit Number 112784065 and U.S. Army Corps of Engineers permit number 199002385 to High]and Properties of Lee and Collier, Ltd., and subsequently assigned to Collier County, Florida, as F.D.E.P. Permit No. ! 1302626:5. (hereinafter referred to as "Grantor") have granted to the State of Florida Department of Environmental Protection, 2600 Blair Stone Road. Tallahassee, Florida (hereinafter referred to as "Grantee"). a Conservation Easement in accordance with Section 704.06, Florida Statutes { 1987), in and over the real property in Collier County. Florida. as set forth in the legal description attached hercto as Exhibit A. As used herein, the term Grantor shall include any successor or assignee of the Grantor. and the term Grantee shall include any successor or assignee of the Grantee. It is the purpose and intent of this Conservation Easement to assure that the subject lands (with the exception of included wetlands which are to be enhanced or created as specified in the aforementioned permit) will be retained and maintained, forever predominantly in the natural vegetative and hydrologic condition existing at the time of'execution of this Conservation Easement. The included wetlands which ar~ to be enhanced or created shall be maintained or retained, forever in the enhanced or created conditions required by the aforementioned permit(s). Except for such specific activities as authorized pursuant to Department of Environmental l'.~tcction i'crmit Number i 12784065 and Army Corps of Engineers Permit Number 199002385. including but not limited to creation, enhancement and maintenance of wetlands as specified mitigation in said permit, the following activities are prohibited, subject to this Conservation Easement: 1. Construction or placing of buildings, roads, signs, debris, billbourds or other advertising utilities, or other structures on or above the ground; 2. Dumping or placing o£soil, Other substances or material as landfill, or dumping or placing of trash, waste or unsightly or offensive materials; 3. Removal or destruction of trees, shrubs or other vegetation, with exception of nuisance and exotic plant species. This easement shall be maintained free of nuisance and exotic plant species in perpetuity; 4. Excavation. dredging or removal of loam. peat. gravel, soil. rock or other material substance in such manner as to affect the surface: $. Surface use, except for purposes that permit the land or water area to remain predominantly in its natural condition; 6. Activities detrimental to drainage, flood control, water conservation, erosion control, soil conser,'ation or fish and wildlife habitat preservation; 7. Acts or uses detrimintal to such aforementioned retention and maintenance of land or water areas; 8. Acts or uses detrimintal to the preservation ofthe structural integrity or physical appearance of sites or properties of any features or aspects of the property having historical, archaeological or cultural significance; and 9. Exceptions authorized pursuant to thc rcfcrcnccd permits consist of thc usc this Conservation Eascmcnt area by thc grantor as follows: a. Within the fifty (50) foot-wide parcel (Parcel "A") of'property dcscribcd in Exhibit B, thc grantor hcrcby rcscr¥cs to itsclf' and thc Collicr County Water-Sewer District and declares as a restriction against said property forcvcr, all rights and privclcges permittcd for utility, drainage and walkway purposes by the Collier County ordinances and resolutions concerning such property rights and that the grantor shall further have the right to construct, opcratc and maintain a permanent, paved maintenance roadway and walkway; to construct, operate and maintain a drainage swale and culvert sy~em to provide emergency drainage from the Pond "A" outfall; and to construct, operate and maintain Collier County underground utilities. b, Within the twenty (20) foot-wide parcel (Parcel "B") of property described in Exhibit "C", the grantor hereby reserves to itself'and the Collier County Water-Sewer District and declares as a restriction against said property forever, all rights and priveleges permitted for utility purposes by the Collier County ordinances and resolutions concerning such property fights and that the grantor shall further have the right to construct, operate and maintain Collier County underground utilities. c. Within the twenty (20) foot parcel (Parcel "C") of property -3-- &scribed in Exhibit "D", the grantor hereby reserves to itself and the Collier County Water-Sewer District and declares as a restriction against said property forever all fights and priveleges permitted for such drainage purposes by the Collier Cou,tty ordinances and resolutions concerning such property r~ghts and that thc grantor shall further have the right to construct, operate and maintain a drainage swale and culvert system to provide emergency drainage from the Pond "A" outfall. Grantor. on behalf of itself, and as governing body of the Collier County Water- Sewer District, hereby releases, relinquishes and terminates any fights of Collier County or the Collier County Water-Sewer District in the east thirty (30) feet of the subject property ,,','hich is in conflict with this Consevation Easement. it is understood that the granting of this Conservation Easement entitles Grantee and the Army Corps of Engineers or its authorized representatives to enter the land described herein in a reasonable manner and at reasonable times in order to assure compliance ~vith the terms and conditions of this Conservation Easement. The Grantor. on behalf of itself and its successors or assigns, hereby agrees to h.-ar all costs and liability relating to the operation and maintenance ofthe lands subject to this Conservation Easement in the natural vegetative and hydrologic condition existing at the time of execution of this Conservation Easement, including the maintenance of enhanced or created wetlands in the vegetative and hydrologic condition required by the aforementioned permit, and Grantor does hereby agree to indemnify and hold harmless the Grantee from same. The Conservation Easement hereby granted and the obligation to retain and mainlain the land fi~rcvcr predominantly in thc vcgcativc and hydrologic condition as herein specified shall run with thc land and shall bc binding upon thc Grantor and its successors and assigns and shall inure to the benefit of thc Grantee and its successors and assigns. The terms and conditions et'this Conservation Easement may be enforced by the Grantee and thc Army Corps of Enginccrs by injunctive rclicf and other appropriate available remedies, and Grantor consents that venue for such cnf'orccmcnt actions shall Itc exclusively in the Circuit Court for the Second Judicial Circuit, in [,eon County, Florida. In any enforcement action in which the Grantee or thc Army Corps of Engineers prevails, Grantee or the Army Corps of Engineers shall be entitled to recover reasonable attorney; fees and costs in the trial and appellate courts, in addition to the cost of restoring the land to the natural vegetative and hydrologic condition existing at the time of execution of this Conser.°ation Easement or to the vegetative and hydrologic condition required by the aforementioned permit(s). These remedies shall be in addition to any other remedy, fine or penalty which may be applicable under Chapter 373 and Chapter 403, Florida Statutes. Any forbearance on behalf of the Grantee to exercise its rights in the event of the failure of Grantor to comply with the provisions of this Conservation Easement shall not be deemed or construed to be a waiver of the Grantee's rights hereunder in the event of any subsequent failure of the Grantor to comply. -5- IN WITNESS WttEREOF, Grantor has hereunto set Grantor's hand and seal on this __ day of ,1998. DATED: BOARD OF COUNTY COMMISSIONERS ATTEST: OF COLLIER COUNTY, FLORIDA DWiGilT E. BROCK, Clerk: · By:, BARBARA B. BERRY, Chairman Approved as ~o form and le~l sufficeincy Assistant Count' Anorney -6-- PARCE~ l A parcel of land lying in the Northwest 1/4 of Section 33, Township 50 South, Range 26 East, Collier Count'f, Florida Co~enclng at the Northwest corner of Section 33, To, ship 50 South, Range 26 East, Collier County, Florida, thence South 89" 33' 53" East 18.61 feet along the [;orth line of said Section 33 to the Point of Beginning; thence continue South 89" 33' 53" East 2608.20 feet along said N,)rth line of Section 33; thence South 02" 43' 11" West 1697.00 feet along the North South thence Nor[h 53" 35' 51" W~s~ 40.26 feet; thence North 02' 43' 11" East 1640.40 feet; thence North 89' 33' 53" West 1044.55 feet; thence South 23~ 39' 54" West 63.52 feet; thence South 35' 33' 42" West 45.91 feet; thence South 06' 04' 35" West 191.99 feet; thence South 16' I1' 27" East 32.47 feet; thence South 08' 32' 33" East 16.41 feet; thence South 08' 22 21" West 85.41 feet; thence North 29' 50 33" West 34.47 feet; thence North 52' 39 06" Wes~ 297.41 feet; thence North 74' 19 22" West 369.27 feet; Lhence North 62' 44 29" West 263.38 feet; thence South 57' 44 56" West 104.69 feet; Lhence South 44' 25 20" West 77.45 feet; thence South 42' 03 55" Wes~ 470.7I feet; thence South 45' 24 03" West 182.30 feet; thence South 86' 52 48" West 50.55 feet; thence South 02' 49 57" East 54.80 feet; thence South 41' 15 22" East 26.53 feet; thence South 78" 43 47" East 8.81 feet; thence South 02" 49 57" West 462.91 feet; thence South 22' 37 18" West 92.83 feet; thence North 02" 49' 57" East ]249.48 feet to the Point of Beginning. Containing 11.49 acres, more or less. David B. Bruns, PLS Fl. Cert. No. 4520 Corp. No. LB 3241 Bearing based on North line of Section 33, being South 89' 33' 53" PARCEL I I A parcel of land lying in the Northwest 1/4 of Section 33, Township 50 South, Range 26 East, Collier County, Florida Commencing at th~ Northwest corner of Section 33, Township 50 SotlLll, Range 26 East, Collier County, Florida; thence South 02~ 49' 5'1" West 1473.7,1 feet along Lhe West line of said Section 33; th~c~ Sou~h 77" 06' 40" East ~55.~ fe~t to th~ Point of Beg~nn ~ng; thence South 53' ~2' 29" East 69~.92 feet; thence North 35~ 37' 03" East 958.32 feet; thence South 83" ~2' 08" East 68.]7 feet; thence North 47~ 29' 10" East 234.14 feet to a point on a curve; thence 231.40 feet along the arc of a nontangential curve concave to the East having a radius of 448.67 feet and a central angle of 29" 33' 00.5" subtended by a chord which bears North 13" 55' 48" East for 228.84 feet; thence North ~3' [0' 06" East 15.45 feet; thence North 80" 12' 35" West 244.10 feet; thence South 72' 5[' 15" West 65.03 feet; thence South 41~ 25' 02" W~st ~47.44 feet; thonce South 50" 24' ~7" We~t 94.74 feet; thence South ~7' 29' 29" West 55.66 feet; thence South 9" 05' 1~" West 229.05 feet; thence South 54" 47' 21" W~st 272.08 feet; thence Sou~h 47" 52' 24" West 336.78 fe~t; thence South 80' 43' 33" West ~46.~3 feet; thenc~ North 75" 44' 58" West 146.59 feet; thence North 69" 57' 47" West 134.74 feet to the Point of Begin~ng. Containing 9.46 acres, more or less. Day: is,PLS Fl. Cert. No. 4520 Corp. No. LB 3241 Bearing based on the North line of Section 33, being South 89" 33' 53" East. SOUTH COUNTY REGIONAL R£CLAf~£D WAT£R STORAGE PONDS SKETCH OF PARCELS SCar, I' = !~' /.~,:/ '" ..... , I EXHIBIT "g PARCEn 'A" A parcel of land lying in the Northwest 1/4 of Section 33, Township 50 South, Range 26 East, Collier County, Florida The West 50 feet of the West 1/2 of Section 33, Township 50 South, Range 26 East Collier County, Florida, lyinq North of U.S. 41 (Tamiami Trail). David B. Bruns, PiS Fl. Cert. No. 4520 Bearing based on North line of Section 33, being South 89° 33' 53" East. jSOUTH COUNTY REGIONAL RECLAIMED I WATER STORAGE PONDS P/~CEL "B" A parcel of land lying in the Northwest 1/4 of Section 33, Township 50 South, Range 26 East, Collier County, Florida Commencing at the Northwest corner of Section 33, Township 50 South, Range 26 East, Collier County, Florida, thence South 2' 49' 57" West 10.01 feet along the West line of said Section 33, to the Point of Beginning of a 20 foot easement lying 10 feet each side of the following described line; thence continue South 89' 33' 53" East 550.00 feet parallel to the North line of Section 33; thence South 44' 33' 53" East 51.66 feet. vid B. Bruns, PLS Fl. Cert. No. 4520 Bearing based on North line of Section 33, being South 89" 33' 53" East. ISOUTH COUNTY REGIONAL RECLAIMED ~ WATER STORAGE PONDS 1 II I I I I E ~.HIt?,~ 'F,," eCll'rl ¼uG',') ..... -SI~ETCtJ OF ~ I- PARC£L "B" SCALE IN FEET: ~XHIBIT "P" A parcel of land lying in the Northwest 1/4 of Section 33, Township 50 South, Range 26 East, Collier County, Florida Commencing at the Northwest corner of Section 33, Township 50 South, Range 26 East, Collier County, Florida; thence South 19' 19' 23" East 499.79 feet to the Point of Beginning of; thence South 44' 35' 57" East 19.42 feet; thence South 42' 03' 55" West 10.02 feet; thence South 45' 24' 03" West 216.49 feet; thence North 86' 52' 48" East 29.57 feet; thence North 45' 24' 03" East 204.80 feet to the Point of Beginning. avid B. Bruns, PLS Fl. Cert. No. 4520 Bearing based on North line of Section 33 being South 89' 33' 53" East. SOUTH COUNTY REGIONAL RECLAIMED WATER STORAGE PONDS '~ ~ PARCEL C" EXECUTIVE SUMMARY APPROVE PETITION TM 98-02 FOR NEIGHBORHOOD TRAFFIC MANAGEMENT TO TRAFFIC CALM A PORTION OF CURLING AVENUE EAST OF THE ENTRANCE OF BOCA PALMS OF NAPLES TO THE VICINITY OF WINTER VIEW DRIVE. OBJECTIVE: To approve TM 98-02 to allow for the installation of traffic calming measures on Curling Avenue. CONSIDERATIONS: A petition signed by residents on Curling Avenue has been received by the Transportation Services Department requesting consideration be given to allow for the installation of appropriate traffic calming measures on Curling Avenue. This roadway extends easterly from Airport-Pulling Road to its terminus at Winter View Drive. a distance of three tenths (3/10) of a mile. During meetings by the neighborhood residents, the specific problems identified were vehicular speeds, traffic volume precipitated by the level of cut-thru traffic, pedestrian and bicycle safety and the overall livability of their specific neighborhood. Neighborhood representatives consulted with staff and requested that appropriate speed and volume studies be conducted. Curling Avenue is a residential two (2) lane 24-foot wide roadway with no sidos'alks or bicycle safety lanes. The roadway serves as a connecting link between Airport-Pulling Road and the communities of Boca Palms of Naples and Four Seasons. Presently, there is a full median opening on Airport-Pulling Road at Curling Avenue. The posted speed limit on Curling Avenue is 30 MPH. There are 12 residential homes located on Curling Avenue in addition to the parking facility for Our Savior Lutheran Church and the entry to Boca Palms of Naples. The church has both an entrance and exit drive on Curling Avenue that services a pre-school center operated by Our Savior Lutheran Church. The results of the speed and volume studies indicated elevated recorded speeds, and substantial indication that cut-thru traffic is a major contributor to community discontent. Staff and a community representative reviewed possible traffic calming techniques that would be appropriate for reducing traffic related safety concerns. The community has reached consensus on a traffic calming measure that should provide the desired affect of improved resident livability by reducing speeds and accident potential and reduce concerns for bicycle and pedestrian traffic safety. The community is requesting that a series of three {3) speed humps be installed within the tangent sections of Curling Avenue as depicted on the attached plan. Letters of no objection for the installation of speed humps within the subject section of Curling Avenue have been received from the Sheriff's Office, the North Naples Fire Control District, and Emergency Medical Services. In consideration of the installation of the three (3) speed humps, the affected community has agreed to participate $1,850 for the installation of these traffic calming design features and re~ uired traffic signing and markings. Of the total 12 residences affected by the above detailed traffic ~roblems, Ill DEC 1 § {998 Executive Summary Curling Avenue-NTMP TM 98-02 Page 2 11 have contributcd resources for this proposed installation. Thc following indicates the cost distribution as thc result of thc proposed speed hump installations. Estimated Construction Costs :3 Speed humps at S888.00 ea. S2,664.00 Signing S 516.00 Pavement Markings 552000 Total .53.700.00 Community Financial Support Available Si,850,00 County Share ~ Total S3.700.00 FISCAL IMPACT: Total expenditures for this item are estimated at S3.700. The County's share is estimated at SI.850 and will be funded from Road Construction-Gas Tax Fund .313-16367.3- 634999-66076. GROWTH MANAGEMENT IMPACT: None I:~COMMENDATION: That the Board of County Commissioners direct staff to coordinate the implementation of a traffic calming project on the noted section of Curling Avenue, approve an amount of $1,850 v.'hich is the County's share for construction of this project, direct staff to obtain thc available participating funds from the community residents, and schedule the installation of three (3) speed humps on Curling Avenue as petitioned by thc residents. SUBMITTED BY: _ ~ DATE:Z/-_~_~'"S'/e~ REVIEWED BY: "~/-/'~ 7"/? s../_~4,~_~Tff/ DATE: Edward J. Kant, ~~rlation Sen'ices Director APPROVED BY:.....9"" ~'.~' ' ;~'5"~ · ' - . DATE:/:Z - Ed Ilschner, Public Works Administrator Attachment(s) DEC 5 1998 LMM 1 2 Tot&l Gr&-K~ Totals ~9 917 1EC6 Speed S~n-G~y S~)eecl¢~l:~) -)I$ -)20 ',ZS -)30 ')35 ')GO ')&S ',~: ')SS ,)60 '~6S ")?O -,7~ -;80 )~O TocIL M #o~r 8-9 2 1 12 27 S6 S8 11 3 O 0 0 0 0 0 I 171 Percefltsges 12.50 4.17 12.~ 8.26 9.03 11.31 7.~ 7.;; O.M O.GO O.M O.C3 G.CO 0.00 11.~11 9.&7 Perc~czges 0.~0 12.50 10.~ e.26 1Z.90 9.SS 6.T1 ~.~ 0,00 Z3.33 SO.O0 0,0~ O.OO O.O0 0.00 10.13 CANAL 5 R/W .... ~ ,,,.. / ,,'.,-,, I ' WI~ITER VIEW DRIVE Collier Counly Govt. Complex BId~. - J 3301 Tamiami Trail East, Na~les. FL 2a~2 Telephone {AC 941) 774.4434 Ncvember 20, Richard Casey, P=oject Manager Collier County Transportation Department Transportat~-n Se.~'~.-e Building -- ,._..._, 3301 E Tamla.'..i Trail -- --'~ Naples, FL 34:12 ~n ---' R£: Neighborhood Traffic '/.a.tagement Curling Avenue Dear Mr. Casey: Please accep= =his ie~-=er as no=ifica%ion cf no cbjec%ion to the traffic calmi.".g devices on Curi~"c Avenue. -~ o · -~ -~-~h~ service, ='~=..-o d .... ;-~ita'.e tc contact .~ ~ Ca.'. .-e ......... - IT.e. ~ounty, DH: Jab cc: File :~ 11/2~/1998 16:52 991775,I454 COLLIER E~'~ SE:RV P~E 02 COII.IF.R COUNTY GOVERNMENT £MERGI:~TCY I~£1:)ICA~_ $£RVlCE$ ~1~$~ D£PART~£.'~'T ~0I £. 'IA.MIAMI TRAIL (941) FAX (94 I~ 77~-44~4 A CIIL~II~II:D BLUI CHIP CO)4)4UlqITy November 23. 1998 Richard Casey. Project Manager Collier County Transportation Department 3301 East Tamiami Trail Naples. Florida. 34112 Dear M r. Cascy. Collier County Emergency Services Department staff members have reviewed proposed speed bumps plan for Curling Avenue and Golden Gale Parku, ay and have ~ objection to same if' I may offer any additional information please do Diane B. Fra~. Chief Emergency Services Dcparlment DBF/bb °° C,'., -- ¢ ,.~:~. , '. DEC 1 51g~18 11/84/199~ I3:84 eJ4159770~2 1~1 PINC RIDGE ROAD · ~PLE~, (94~) 597-3~ Novcmb~ 4, Mr. Rich~d Tmns~atj~ 330I T~Jamj Trail ~t Naples, FL 34112 Dear Rich.: ~: Speed Bumps ~e N~h Napkin Fire C~n~ol ~d R~cue Dis~ct ~n Four S~asons. [fyou have any qumdons, p~se do not h~iate to ¢~act me at 597-3222. ~ames W. Tob~n Fire J~:ls -7-- 10,000 Airpor~ Road Noah · Na 34109 · (941) 597.4091 · Rodger Dare, Paslor R~c~rd 7. C~scy, Projcc~ Manager .. 3301 Tamiami Trail East Naples, FL 34112 ....... Dear Mr. Casey, · ~ ~is le~er is in rcfcr~ce to ~c praised s~ed humps on Curling Avenue. I found o~ discussion about thc recorded speeds on this residential s~eet to ~ quite ~ghtening. My special conc~ ~s for the parers and children of our pregh~l. We ~ve 35 smd~ts ~olled. Each ~y ~e paren~ b~ng their childr~ and pick them up. Ca~ ~avcling at ~0 or m~e miles p~ hour on Curling Argue pose a definite danger to these par~ ~'ing to ~t~ and ~t ~ paring lot. ~ank you for your a~tion to th~s mat{~;, ~ ,,~,. ~- ~ ..... Sir, ccre[v. Rev. Rodger Dale. Pastor a member of the Evangelical Lutheran Synod ~. ~ .:L~ J AWARD BID #98-2882 FOR CONSTRUCTION OF PROPOSED PATHWAY PROJECT. .O..IS~Y._(~.13L~: To obtain Board approval of Bid #98-2882 for the construction of various bicycle and pedestrian pathways in Collier County to the lowest bidder, Bonness, Inc. CONSIDERATIONg: Each year, a list of bicycle and pedestrian pathways lo be designed and constructed is compiled through the efforts of the Pathway Advisory Committee {PAC). On March 17, 1998, the Board of County Commissioners approved the PAC priority list for FY 1999. On October 6, 1998. the Purchasing Department sent notices to 188 vendor~ for the construction of various bicycle and pedestrian pathways. On November 4, 1998, three (3) bids were received. It is recommended that the bid offered by Bonness, Inc. be accepted as the Iowest responsive bidder. A copy of the bid tabulation is attached. The construction duration for this project is 90 calendar days, and the project will be managed by the Public Works Engineering Department (PWED). The locations are as follows: Five Locations Thomasson Drive Becca Avenue Pine Street Jackson Avenue Cardinal Street SI 11.241.53 Alternate # I 19'~ Court SW 18,908.49 Alternate #2 6'~ Street 81,666.27 Alternate #3 White Boulevard 64.915.70 Subtotal $276,731.99 Thc Transportation Services Department recommends thc deletion of Alternate #2 to stay within budgetary limitations, thereby lowering thc bid amount to $195.065.72. Construction Management, inspection and in-house design costs Iotaling $64,000 are also budgeted. The remainder of available funding, approximately $38,934.28. will be transferred to the Road and Bridge Section to construct safety improvements to thc paved shoulder pathway on Lake Trafford Road from Little League Road to thc lake. FISCAL IMPACT: Total funds requested for this project are S298,000.00. Funds totaling $250,000 for construction, inspection and project management are budgeted in the Road Construction Gas Tax Fund-Improvements General (313-163673-763100-69081). The remaining construction funds, in the amount of $9,065.72, will be tr~sferred into Capital Outlay from Road Construction Gas Tax Fund Reserves (313-919010-993000). The funds needed to construct pathway safety improvements totaling $38,934.28 will be transferred from from Road Construction Gas Tax Fund Reserves (313-919010-993000), DEC 1 5 1998 Executive Summary Award Bid #98-2882 Page 2 GROWTtl MANAGEMENT IM'PACT: None RECOMMENDATIO.N: That the Board award Bid #98-2882, as shown herein for the construction of various bicycle and pedestrian pathways, to Bonness. Inc. and authorize the required Budget Amendments. SUBMITTED BY; -~-~-~~ DATE: Russel D. Muller, Engineer Il Transportation Ser,'ices Department Mitc~'.'~omtaz. P.E.~ pr, ~ger. P,WED DATE: ~,O~bi~. p.E., r~i~. P~W~D ' Ed~.~~sponation S~'ic~ Dir~tor APPROVED B~~ DATE: ~~lic Work~ Adminisl~mr DEC ! 5 ~958 DEC ! 5 1998 DEC ! 5 1995 ~. ! 0 Collier County Transportation Services Department DATE: November 25, 1998 TO: Ed K~t Russ Muller ~ SUBJECT: Lake Tmfford Road Paved Shoulder Widening Cost Estimate , The Lake Trafford Road paved shoulder project from Little League Road to the lake is onc( I ) mile in length:~and proposed to be widened three (3) feet with portions of existing drivcways to bc resurfaced and intersecting roads to have aprons or returns paved. The cost estimate is as follows: ~taltli~i~ Unit ~ L'ni! Price Total I ' '? LS Mobilization 5,000 5.000 I '~ LS MOT 2.000 2.000 2.350 ',: SY 6" Limerock Base 7.50 17,625 2.000 ~,<, SY A.C. Tyge S-I 1 I(!%" Thick) 4.00 8,000 500 ,:& CY Fill Din 6.00 3.000 1,2*00 SY Sodding 1,25 1,500 Contingency (5 %) 1,856 3s.os~ ILgl'lm,%femo Karo l.ak¢ Tnff~'d Rd do(: cc: Edward J. Kant. P.E.. Transportation Services l~rectot File DEC I 5 lSS8 ,' EXECUTIVE SUMMARY AUTHORIZATION TO REIMBURSE WATER AND SEWER IMPACT FEES ~ Obtain Board of County Commissioners, the Governing Board of Collier County and as Ex-Officio the Governing Board of'Collier Count)' Water-Sewer District, authorization to reimburse fees to the Mayflower Congregational United Church of Christ. ~ On May :28. 1993 the Mayflower Congregational United Church of Christ paid certain utility related fees. The permit under which the fees were paid involved construction on property located at CR 951 and Lely Cultural Boulevard. The permit was ~ubsequently canceled. The Church failed to request reimbursement within the 90 days required I~' Ordinance and staff is therefore unable to reimburse the impact fees without Board authorization. On December i. 1998. a representative of the Mayflower Congregational United Church of Christ petitioned thc Board of County Commissioners for a reimbursement of thc water and scv.'er impact fees paid on the canceled permit. The amount lo be reimbursed was represented as S6.300. Thc Board reviewed the petition and directed staff to prepare an executive summary formally authorizing the reimbursement. ' ~ The recommended action provides authority to reimburse fees to the Mayflower Church. Upon review the S6.300 amount was found to be inclusive of Impact Fees. deposits and tapping charges. Records indicate the deposit, in the amount of $200. was refunded on 6/27,'96. This reduces the reimbursement to t;6.100 of ss'hich $260. the tapping fee amount, w/Il be reimbursed from the Utility Fund General and Administrative cost center (408-210110). Thc Impact Fee reimbursements will be made from the Water Impact Fee Fund Capital Expenditures cost center 1411-27351 i} in the amount of S4.500 and from the Sess'er Impact Fee Fund Capital Expenditures cost center (413-2636111 in the amount of $1.340. Adequate funds are budgeted to a/low referenced reimbursements to be made. · ~ ~ %' ~ % · None. ~ That the Board of County Commissioners lhe governing Board of Collier County and as Ex-Officio the Governing Board of the Collier County Water-Sewer District authorize staff to take necessary, actions to reimburse the fees paid by the Mayflower Congregational United Church of Christ and authorize staff to review' and recommend appropriate changes to the Water and Sewer Impact Fee Ordinance. APPROVED BY' ~';,,__,____' ... '. ~ Works Administrato'-a .gnner. rubric . · ' Iowei; · , :,~- ~0. ~x I 1133 · ~. ~ 33941 -. ,~ ~41 ) i Napl~, ~ 3401 N~ 4, !~ ~. Robert Fernandez · Count' Administrator 3~01 Tamiami Trail Eas~ '. My Na~e is La~' B~ad~ey and on beh~of~he m~bers o~Ma~ower Con~egafional L'~:t~ C~urch o~ C~s~ I am ?eques:ing ~ appo~tment ~th the ~ub~c P~tion ~rocess Io appeai a de:~sion o~he Wa~r and S~'~ Department m deny our request for a re,nd o~ S~3~ in fe~s tha~ were p~d ~ 1993. L~ me explain. Since 1990 a small ~oup of Ma)~ower Church members have b~ m~ing wee~y in ren:ed quanen at ~he Lely Elem~t~. School. In 1~3 lhe members decided to build a church on prope~, purch~d at the comet otCR 951 ~d Lely Culmr~ Blvd. On May 2S. 1993 we paid S7926 22 for a Build,nE Wazet and Sewer Impa~ The prope~' consis~ otappro~mately 7.$ acres and the con~egafion beene aware that a p6or en~ro~emal study found red c~kaded woodpeckers on ~ediate adjacent prope~ and wedands on our prop~. Four or,he 7.5 a~ could not be u~d for building and had be~ plac~ in a con~.ation area build. We had ~o ab~don ~r plans ~d l~k for n~ prop~. It ~ our under,ding t~t ~1 ~ m~ otth~ t~ would apply to out n~ building when ~other prop~ wm Io~. We fi~y found prop~ on C~n~ B~ Rd. ~d spent almo~ a ve~ going t~ou~ the ~ning pr~s. ~ Au~ 199~we appli~ for transf~ or re~d ofthe~ f~s b~t the wa~er ~d ~'er re, nd ~'as de~ ~d we were advised that we should ~ve appli~ for the re, nd by ~ch of !~4 building pe~t and road impa~ fees w~e promptly re~nded. Congregational , ' -- '~ ~ United Church of Christ ,' ~) ' ~ P.O. Box ~ ~.~_~~d t~ ~t ~~, ~w ~nd~ the l~d~p ~ R~. Ro~ '- ~;;~ ~ ~: ~.~ ~'~e aw~e m~ ~e r~o~ For a ~:~:~ Not~n8 ~ do~ ~n t~ ~ pm~ ~ the Wat~ ~d s~D~m~.no ' Weare ~n~dy ~fldin~ ~r tim ~n~ on C~ Barn road and k sh~ld b~ compl~ e~ly ~ y~. ~m m~n~y, ~r s~l ~ation (150 ~s) ~s tak~ ~ a large d~ road ~ $63~ is a consid~able ~nt to Io~. ~e Wat~ ~d S~ ~m~ ~s had uR of~r ~, ~t~t ff~, for eve ye~ ~d we ' respect~lly ~k that the Co~issione~ autho~e a r~nd God's Work and the b~~ of~r co~n.. [f~'ou require ~ ~ditio~ info~ffon I ~ be reach~ at ~3-3079. We aw~z your d~ision ~ t~s r~. Building Co~ / REQUEST AUTHORIZATION TO FILE lAWSUIT AGAINST BOYLE ENGINEERING CORPORATION FOR CLAIMS ARISING FROM THE DESIGN AND CONSTRUCTION OF THE ORIGINAL NORTH COUNTY REGIONAL WATER TREATMENT PLANT, PROJECT 70002 !?' ~ That th~ Board of County Commissioners, as Ex.Officio the Governing · ?~, ': Board of the Collier County Water. Sewer District, initiate a lawsuit as the plaintiff to .... facilitate closure of outstanding claims. ~ On June 19, 1990, the Board approved a contract with Boyle Engineering Corporation (Boyle) to perform a broad range of services in connection with the planning, design, cotmruction and start, up of a new water treatment plant, The plant was to operate initially al 12 million gallon~ per day (MGD), and expand to 20 MOD within 3 to 5 years. Boyle was to d~gn the plant so that the transition to 20 MGD could occur without · ~ the need to redesign or rebuild any oftbe existing capital facilities. Boyle prepared all construction documents, administered the contract, inspected the work and provided start-up services. The Board approved a construction contract to Great Monument Construction Company (GMCC) on November 15, 1991, in the amount of $14,790,000. The work was to have been completed within 510 days. Problems arose almost immediately upon commencement of the work. Ultimately, GMCC · :- sued the County claiming delays ns a result of changes to the design and because the work was not properly administered. The project was completed 274 days late and the County was ~: forced lo pay an additional $2.1 million to settle the litigation with GMCC. The County's liability was caused, in part, by Boyle's failure to properly design and administer the project. Boyle is therefore obligated to compensate the County for losses related to the GMCC litigation (derivative claims.) In addition to derivative claims, the County has or will incur expenses to correct design deficiencies and to replace defective work which should have been rejected by Boyle during construction (direct claims.) Total tees paid to Boyle total $2,148,144. Total derivative and direct claims against Boyle exceed $2.8 million. The County's discussions with Boyle, its agents and counsel, by County's staff, the County Attorney and outside counsel, have not resulted in any proposed relief to the County upon its claims. The law firm of Carlton Fields has been assisting the County under its retention agreement with the County providing services based on time and reimbursable expenses. Executive Summary File Lawsuit Against Boyl~ Page 2 Carlton Fields recommends that the County's claims and interest in this matter be persuaded by the preparation and filing of a lawsuit by the County against Boyle, initially pursuing mediation, and trial, as appropriate. C~~ Funds in the amount of $60,900 are available in: Fund: 412, County Water Capital Projects Cost Center:. 27351 I, Combined Water Capital Project: 70002, North County Regional Water Treatment Plant ~ None. ~ That the Board of County Commissioners, as Ex-Officio the' Governing Board of the Collier County Water-Sewer District, authorizo the County Attorney to file a lawsuit against Boyle Engineering Corporation for claims arising from the design and construction of the original North County Regional Water Treatment Plant, Project 70002. Karl W. Boyer, P.E., PWED Senior Pwject Manager REVIEWED BY: ~ "~~'~ Date:/a/'7''/t'~'°c:' bby, P.E,, PWED Director APPROVED B Date: / Ed II.~hner, EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT APPROPRIATING RESERVES IN Tile SOl,ID WASTE MANDATORY COLLECTION FUND. OBJECTIVE: To appropriate funding to pay for thc services provided to the Solid Waste Mandatory Collection Fund by the Property Appraiser's office and the Department of Revenue. CONSIDERATIONS: The amounts budgeted in Fund 473 for thc services provided by thc Property Appraiser and the Department of Revenue were the initial estimates made at thc beginning of the budget process and were not adjusted when the budget was finalized. The estimated expenditure for the Properly Appraiser was based on the previous year's payment which was calculated using the prior year's (1997) tax roll. In 1997 the mandatory collection special assessment was adjusted to coincide with the county's fiscal year rather than the calendar year and therefore only represented nine months or 75% of the annual assessment. FISCAL IMPACT; The attached budget ~nendment will reduce Fund 473 reserves (473- 919010-991000) by $57,834, increas~ the interdepanment payment to DOR (473-173413- 63498 I) by $36,400 and increase the payment to the Property Appraiser (473-959050-930600) by $21,434. The balance in Fund 473 reserves will be $292,566. GROWTII MANAGEMENT IMPACT: None. RECOMMF~NDATION; That the Board of County Commissioners approve the budget amendment appropriating $57,834 of reserves in Fund 473. PREPARED BY:/~. ~/~/t~ ~1~ DATE: /d~ /£/9~e Gary Vm S~ior Budget Analyst. Office of Management & Budget REVIEWED aY: DATE'/~,~/gg' David Russell, Digclor, Solid W~Ie Depa~ment APPROVED ~DATE:~ Ed ll~, · DEC 15 EXECUTIVE SUMMARY AWARD THE PURCHASE OF MAINTENANCE EQUIPMENT FOR SOUTH NAPLES COMMUNITY PARK. Objective: That the Board of County Commissioners award the purchase of maintenance cquipmen! for South Naples Community Park to the John Deem Company utilizing a State of Florida contract. Consideration: As ~ of the 1998.1999 Adopted Budget. the Board of County Commissioners authorized staff to purchase tractors and large scale mower~ to maintain thc South Naples Community Park. ~'hich is cu~cntly under construction. Thc Board's Purchasing Policy provides for cooperative buying utilizing State of Florida contracts exceeding $25.000.00 (Section XIII.B). Thc Orange Count.,,' School Board bid provides diecounts for John Deerc equipment and is valid through June 27. ]099. · Grow'th .Management: None Fi.~cal impact: Funds have been budgeted and available in Regional Park Impact Fcc Fund. District 6 South Naples Impact Fees. South Naples Community Park project (368-156416. ~80037) in thc amount of S56.571.84. Recommendation: That the Board of CounO' Commissioners award the purchase of maintenance equipment to the John 13~e Compan)' utilizing State Cooix'rative Buying as provided in thc Count)' Purchasing Policy. ~ol~n Du~nuck. Operation~-Coordinator Department of Parks and Recreation Maria Ramse,,; Director / Department of Parks and Recreation Reviewed by:,/.~_~'_,,PoirI ~ . ~.~:./~/ Date: Steve C~ell. ~rector Dep~.nent of Purc~ing Reviewed by~~ ~ Date: ~om~ W. Olliff. ~d~tor Division of Public Se~ices [ ' ' 1O[eNoAgenda '~ I~ Jtea lgg8 COMMERCIAL & CONSUMER EQUIPMENT DIVISION II~{)~). 11~.O BOX 295~3, RAt glGH, NC 2782~.0~ ?EL gf9-850-0123 Courtly Public Schools Contract ,.'.,: , Fatpiratkm Data: - 27 June 1999 .. , ;.,../;. .,. I'm p~a.se6 to ~s~ ~ ~he Multiple Award Schedule (MAS) Contract between Jokn Deem ..,~;, Company I~l the Orate Counly Public Schools has been extended until June 27, 1999. This is · a cooperative pttrchal~ ca:retract that allows all governmental agencies and schools in the State of ,~.;-':"" Florida to purcba~ using this contract without going to bid, as long ~ local regulations do not :i ",' :.. proh~k such purchasing. Dealers that actively solicit business using the Orange County Contract ;.,.~a: 2~":., will g~ra~ the most sales success. . ;' ~'-~";; -' '~" ' ORDEKING" I1NTORMATION - All agency, purchase orders must have the vendor listed as ~:'" John Deere Company, 4401 Bland Road, Raleigh, NC 27609. Please submit all purchase orders to this address, or FAX 919.gM-6aSS. ': ,., If you at~ working with aa ag~x'y in securing a sale, please have that agenc)~ show your dealer name and address in the body of the pm'clm~ order as the delivering dealer. SETTLEMENT INFORMATION - Settle for the equipment electronically. Mail a copy of the settlement wca'k.du~ to your setllement auditor. Be sure to fill in the delivery date and settlement number. ,, .:, .,~ Ifyeu incur freilh! e. ha~es, the~ will be reimbuned when claimed on the worksheet. Please attach "-"'aCl,'c~. supportin& documeat(s) and los, ward to the settlement auditor. :... ,..%~,..,., Do n6t colle~ pmfl~ent from the agency. After your paperwork is returned, we will invoice the agency. ,".',~ t CONTRACT I]~I]PORMATION - If you have a~y questions, plea_re call Andrea Brooks or Bas'bare "* '"' ~'" Garretson in the Direct Government Sales Department in Raleigh at 1.800-535-2967 (Select option 4, then ',.~ ':.. David Fehrmarm ~ ..-. · ' BudHodgea '; '* .,...., ,,'-; 7x Manager, CeE Sales & AdminLm'ation Manager, State Government Sales x: "' and {3overnme~t Sales and Sales Administration ': '. At..l~a,.~,OA,_~, Raleigh. NC · '°. t. ,;?'g,.,' ~" ' %~',-:."'r-',." ."r'.. .:'..,,-.,; IJ ORANGE COUNTY PUBLIC SCHOOLS ~ MUST BE RETURNED~ALL PAGE~ CALL FOR BIDS Sealed bids or proposals addressed to the School Board of Orange County. Florida, and marked, PROPOSAL FOP, LANDSCAPE EQUIPMENT° in accordance with SfipuJations and .%oecifications avaiJablo from the SCHOOL BOARD OF ORANGE COUNTY, FLORIDA, FACILITY SERVICES CENTER, 6501 MAGIC WAY, BUILDING 100B, ORLANDO, FLORIDA 32809 ~ll be received until 2:00 p.m., June 5, 1996. Bids or proposals received after the specified time will not be opened or considered. Complete specifications are attached. SCHOOL BOARD OF ORANGE COUNTY, FLORIDA BY SUPERINTENDENT Bid No.: 96-(td~gNM A,qachment LANDSCAPE EQUIPMENT MA.NUFAC~ PERCENTAGE OFF LLANU FACTURER'$ LIST PRICE ~ ~r GROUP 1 '¶.· Echo Equipment 2. Echo Repair Parts GROUP 2 Bdggs & Stratton Equipment 4. grlggs & 8traflon RepaY' Parts GROUP $ $.Gravely Equipment Gravely RepNr Part~ GROUP 4 7. 'Jaco -b~el~ Equipment ~ 8. Jacobsen Repair Parts GROUP 5 g. Stihl Equipment Stihl Repair Parts GROUP 6 11. Tanaka Equipment 12. Tanaka Repair Parts GROUP 7 ~13. Tom Equipment 14. Tom Repair Parts GROUP 8 15. Ya2oo Equipment John Deere £q~ipment. 28% John Deere Repair Parts 5% This Is a~l "ALL OR NONE" Bid per Group. E~iddecs must bid on both items thst make up a Group. NOTE: Bidders may elect to bid alternate manufscturer5 than ceque, sted on the Rid Price Sheet Orange Count7 Public Schools r~serves the s~le doht to detecmine if altecnate ma~lufacturer is equivalent gOd~/1 I 04,'29,~16 t0;49 l:xag¢ 2 of 6 Bid No,: 96-04-09 LANDSCAPE EQUIPMENT i~!! ~f~1~l, or psf~l submlt~lg ~ bid f~ t/lc same materials, r. upplie.s cr ~ulpme~ and in all ~ fair ~'~ ~ orf~. I ~meto a~de by all ~Io~ of~is ~ a~ ~ ~at I am ~61G~ 3oh~ Deece Co. = . ~ ~ R NAME :~:~:~~ 1996 (800) 358-5010 John Deere Co 4401 Bland Road Raleigh, NC 27609-6203 Fed. ID#: 36-2382580 5 LANDSCAPE EquIPMENT GENERAL SPEClFICATIOI%Js. THIS SPECIFIC. ATION es'l.ablishcs the minimum requirements for LANDSCAPE EQUIPMENT r~ed end described in the body of the-_,e spec~,qcatJons, to be used as noted, by the School l:~,oel'~l of'Ol~nge County, Florida, 6.501 Magic Way, Orlando, Florida 3260~. 1.2 THE INTENT of this bid is Io es'..ab{Jsh · contract for a period of twelve (12) months (June 28, 1~ through Jul3e 27° lg.37') during w131ch lime, the succes, s/ul bidder shall guarantee firm dlscounl(~) f~ the I~em(s) ~,var~ed lo h{m as specified In this bid. 2- I"ECHNICAL SPECIFICATION S 2.1 Blddefl shall bid a di.~oun! perconlage elf manufacturer's current, published lis~ pcice. ~ Bidders shall provide, wfth bid (or wfthin t, vcnty-four (24) a~cr toqueS}, three ('3) copies of said price Ilar. 2.2 This discount stlall cover the entire line s. old under that manufacturers label. 2,3 Manufacturers' pHce increases will be honc~red al the anniversary d~e (.June 28, 1997') if this contr'ac~ is e..~ended. (See paragraph 3.3 this document.) TERM~ AND CONDITIONS · '~, 3.1 METI-'fOD OF AWARD_ BID PRICES will be aCCel~ed and considered by t,he following methods: An 'All or None' Bid per group of Earns. 'The Boar'J rcse,"ves the right to rcjc~ any or all bids or to acccpl an), bid or part thereof, thai In its judgment, will be for the be~ inlcrcsl of lhe Orange C~unl~! School Sy.~em. 'The Board als<3 rcs. erves Ihe right to waive all 3.2 LENGTH OF CONTRACT Prices shall remain firm for a period of tw~N'e (12) monlhs (June 28, 199~ through June 27, 1gaT). This stipulation shall be subjec~ lo a thirty (30,1 day wdtlcn notice et' cancellation by either party.. .~;~.i:. 9.3 CONTRACT RENEW^t The Orange County School Boac-J reserves the dght Io renew this con[ram or any portion thereof', for up to two (2) additional one-year periods, upon mutual agr~cment, in WT'itJng. The bid pdce must il~ude all delN, ery charges to the delN, ery poinl: any Sc..~ool Beach's location. The lerm 'DELIVERY POINT" includes the performance by the supplier or has agent. Of tailg~Jng the malerlaLs delivered. Pelletized cargo will be off-loaded by the Count'y, wtt. h the as,~lstallce of the supplier. Nonpalletized cargo will be palletS, ed by the supplier. Pallets will be p~ided by the County. DejA/cc), charges, il' any. shall be included in your bid and none shall be noted on your Invoice. No common canfier/drayaOe char~es will be honored by the 1--O 'ch°°l Bo,rd of Orange Coun,y. F:lorida. / c 1 5 1998 As most,of t/le materials am p~cked up by [ho ~c,~ool Boa~ of O~nge Coup. biddcm m~ ~ ~f~ in Om~e Count. I~i~ehere the ~mplete ~dm~ i~l~ f~ ~ See At~ache~ Defwe~, ~ s~fi~ heroin. ~all ~ ~in ~ (2] ~le~r days f~m the ~te of of ~ ~~ O~er. 3.7 ~INIMUM O~ DELI~E~ Item ~II ~ ~ u ne~. ~e minimum dollar emou~ Io ~ o~er~ at one time Ea~ ~do~, ~gc, box and/or ~ntainer ~all ~ labeled. Ea~ la~I shall Ident~ A, Name of Ouan~ ~ ~em ~ntaincd. C. Pur~e O~er Numar. D. VeZot. Bid ~ m~ In~e Ill de:~e~ 3.10 NO~FI~TION OF DE~ O~e ~u~ S~l ~a~ Pe~nnel m~ ~ n~i~ed at lea~ ~c~-four advan~ ofdelive~. Telephone (~ ~2-C031. e~ension 5301 Hours for dcl~e~ arc 7:30 ~M. to 3:00 P.M. ' 3.11 D~GED ITEM~ In ~e ~e~ In Earn or ~em5 is receded and ~ i5 later dcte~ln~ there i5 concealed d3mage ~en ~e ~em or Items i5 unpaved, the item or Eems mu~ be replac~ by 3,12 The e~Imal~ dollar amoum Into ~ll ~ ~m dudng this bid pen~ cf ~.0~.00. Plee~ hole th~ Ihese a~ ~im~e5 only and in no ~y obtigaics the S~ool ~a~ tO ~a~ these amounm. ~e~ ~m~es are inIend~ as a guide in subm~ing you~ ~d. ~e'a~ual qua~e~ pumha~ under Ihis bid may be more or may be le~. 3.13 QUA~ CHANGES ~e ~hool Boa~ m~o5 the dgM 1o in~ease or de~ea~ the total quant~ies 3.14 WAR~ ~e ma~a~ure~s ~anda~ wa~y 5hall apply ~mm the date of thc a~ance by the S~Ool Boa~, 3.15 RECEI~ OF BID PAC~GF ~ is ~e ~e~s ~nsibil~ lo ~ure that his bid i5 dclivc~ at the p~r time and to thc ~r ~a~ Of the bid o~nlng. Bids ~ich f~ any rea~n am n~ ~ dcl~e~. ~ll not be I~ Is the In'tent of ~Ls .Golicaatlon to obCa;n blcls to furnish the l:x~>duc~(s~'services herein S~:)4C~fl4~ tO ~1~ ~1OOI 1~aard Of Orala~e County, F'lor~a. OUter SC. bOO[ bonds and govemme~ta! agetX:te~ent~fies ma)' pu~ from thL~ solic. Jfation ff p~rmitted by the ¢ontt'a~of of' luppllet. Said pmduct(s)/servicos are lo be furnished in accordance with the Contra~ resuR~g from thi~ Solicitation. 3.17 ~J~PROVED EQUIVALENT,~ ' THE SCHOOl. B43ARD OF OJ:~.ANGE COUNTY, FLOR[DA RESE..RVES THE E. XCLUSIVE I~JGHT TO DETERMINE APPROVED EQUIVALENTS. :3.18 * METHOO OF ORDERING_ !'" ~" Ol'de~ shall be processed gJa~ upon rcccipl of an authorized purchase or, er L~ued by the SCtt0OI Board of Orange County, I='k~'~a. Please ¢~111~ III Inquiries concerning this bid lo: N. D. Mcdonald. Purchasing, 8501 Magic Wa,/, Odan~o, Fao~ 3~0g, ~ NO.: ~4o73 INVITATION TO bid ~ be I ~cw. ~cf lo ~f'~ ~1 ~y ~d ~<c f~o~ mc p~dc~ ot ~s b~ ~ l~ S~MFL~: 5~ol~ oF items, wh(~ ~cd far. ~ ~ ~h(d ~ of ~t,r t~e i~ ~ il. 15%'OICIHC: D,c raccc~A~ ~ddc: -~ bc rc~ Co ~b~ L~i~ [o~d I0 com2~ ~t c~ r~r~, p~c o~ n~m~ ~ ~ r~ for ~ f~ ~ fo(lo~ ~ :cp~c L~voic~ ~ bc ~vcd For ~ch p,~ or~' n~b~. ~*~m~n~~L~'n:~ ~scfl~. 12. ','E~OOD~c:~hoshcF~snolcmploy~mr~cd~y~m~y · UtU I t {998 /C~ DRLIC-FREE WOR Kff'LACE CERTIFICATION FOI~,[ ~ Jcc~ot"cL~.-.~c ~'~[h Flod~ S(~[u~ 287.0~7, p~cfcrcn~ ~[f bc ~ivcn to bu~nc~ ~;~ ~c r~iv~ by ~= Sate or hy any ~[iliul :ubd~'~ion for OJc procurement of. co~ifi~ or ~n~c~l s~c~ a bid ~ivc4 from a h,:ipm~ thai cc~ific~ thal il ~ [mpl~d a flee ~pl~ ~pm ~all be ~vm prcfcrc~ ~ ~c award ~occss. Fmablhhcd ~occdur~ for ~n~ fie bi~ will be followed ffnonc of ~c ~ v~do~ ~vc ~ dru~.D¢~ ~or~l.~ pro~.~ ' ~isp~ing ~;nn, or u.¢e ara conuollcd ~ubsmncc i~ pro~bi~d ~ ~e ~arkplace and agai t employees for pmhib;tio~ ~mploy=c a~is~ncc prelim.:. ~n~ 6~: penalties h:t m:y hc impa::4 upon cmplayccs drag abmc violation~. (3) Give each ~prcycc cngig~d Ln pmv~din~ cbc ~madifi:~ ar ccn~:;::~l (4) ~ ~c/~mcnl/p~cd [n suha~tion ( I ). not;~' ~c cmprovccx th~L a: .five (51 da~ after s~h ~nviction. rcMbil/~don ;rom g:uch ~ available N ~c employee's ccmmuhry by. any employee who ~ so ~nvic~cd. implcmcn~tion of ~i.~ section. ~ ~= p~on auto,cd to :i~ ~: s~:cmcnL I coniC' t~t thi3 firm compti:~ fully wiO1 ~c above ~ukcmcnU. ' ;~DER'S SIGNATU~ 1998 ~~~ are ~[~ as minor~l~. D~sc~. Nis~nic. ~ian ~ l~n, ~ f~l~ ' ~ Bldd~ ~ll ~gn ~e fo"owing: ¢) ~e) ~i~ ~het lh~s bid ~ made ~tha~ any Pr~oul unde~tanding, agreement ar ~nn~;an ~th any ;4, person. ~rm or ~o~t~n mabing a bid ~or t~ same'supp les m~teria~s and ~u;pmenL and W~ (I) ~e) P~sed to fumbh and d~r the a~ ~ ¢ ~1) ~o) m~edals in a~rd~nce ~th ~e o~ ~ ~pe~fi~on, at the pdces quoted a~vo, ' l~dUll. S~gned ~ .~ 4a~e Of ~f Address ~ .~ Telephone Numar l~dual ~din~ a~ doln¢ busl~ss u~er a name ~rm Name ~ sma other than h~ ~. 71 Address ; Name of I~ann~,s: .Signed Telephone Number Name of Parl, ner'~hip: Si,;ned by ,, Address Co~:>oralion. in what S,lale Incorporaled: 'I~ C: L~.. U.J O-r-4.-- ' Telephone Number lncocl~ted under the laws or FlcriCa. are you Si~ned by ~4'~sed to do business in ~"lorida9 Yes ~ Telephone Numbe¢ PL~EHAVEAH OFFICIAL OF YOUR COMPANy 21ON THIs PAOE AND HAVE THE SIGNATURE wITNESS~ COLI.,IER COUNTY BOARD OF COUNTY COMMISSIONERS DEPAP, TMENT OF PARKS AND RECREATION ~QU~FOR PURCHASE ORDER P.O.: ~ Bl~ct P.O.: FPO: ~: Purch=e Order Nmber: F~x ( ) Bill to: Collier C~. P~ks and Recreation Ship ~o: 3300 S~ta B~bata Bouieva:d ~a/~ ~-~._~ / Naples, Flo~da 341,6 ,~//~ ~</ (9411~J-0404 Fa~ COMt ' , ~,~ : 22: .,i,/*'d,,~ ..... 4 /u;, ~ / ~BE FII.LED O[:T r'O.MPLETEI.Y TOTAl.: ..... Wcm quotes required? ~ Amc}:ed? ~ ~y is it ncc&d?. ~ , , . ] ~4; Is ~ce Needed? ~J ~~ At~chcd? Proj¢cK Site or F~cti~Z_ ~gz?~ // 'rr Member / Date' /7 f? Approved: t/ EXECUTIVE SUMMARY APPROVAL TO AMEND THE COUNTY PURCHASING POLICY. OBJECTIVE: To amend the Board of County Commissioners' purchasing policy to 1 ) formally establish a vendor performance and evaluation system and 2) tO enable the County to be fully eligible to receive Community Development Block Grant Funds. CONSIDERATIONS: On November 4, the Board of County Commissioners adopled lhe staff's implementation plan for improving the County's purchasing process. Among the work tasks included in the plan was the de,','elopment and implementation of a syster'n to formally evaluate the performance of vendors under contract with Ihe County and to consider data obtained in the evaluation process in/he future award of formal bids and proposals. To this end, the Purchasing Department has developed a policy statement (included in the enclosed resolution), procedures, instructions and an electronic data base to enable using agencies to collect and evaluate vendor performance data. With regard to another policy-related matter, The Board of County Commissioners previously entered into agreement w~th the State Department of Community Affairs (DCA) to participate ~n the Small Cities Community Development Block Grant Economic Deve;opment Grant program. Subsequent tO that action, the Housing and Urban Improvement Department has been advised by the DCA that in order for Collier County to be eligible for full reimbursement under the program, the County must clarify language in its purchasing policy in four specific areas. The following is a brief summary of each proposed policy change: 1) Awarding contracts in the event of tic b/ds. The Grantor agency has requesled that as a second step in breaking ties among bidders that the County policy defer to the Grantor's agency's provisions for selection under these circumstances (in the case of the DCA, award would be made to the firm classified as a minority or women-owned business enterprise), 2) Negotiating changes to a contract soficited via formal sealed bids to meet budget. The Grantor desires clarification here acknowledging that negotiations will not be pursued if prohibited by the terms of the specific grant agreement. 3) Promoting equal opportunity for minority and women-owned businesses. The Grantor has requested that the County's current policy promoting equal opportunity for small and disadvantaged businesses be broadend to also expressly name minority and women-owned business enterprises. .__ DEC 1 5 19981 -- 4) Defining Conflicts of Interest. Presently, the County operates under the provisions of Section 112, F.S. The Grantor agency has requested that the County adopt the broader standard codified within the federal Housing and Urban Development Code. In recognition of the myriad of grant programs and their varying and dynamic nature, staff has sought to avoid citing specific state or federal laws or grant provisions to the greatest extent possible. Rather. the underlying approach with each of these changes was to affirm the County's intent to comply with the requisite grant requirements on a contract-by-contract basis. FISCAL IMPACT: ~'~one associated with the past performance evaluation system, Failure to comply with the DCA's requirements could result in a padial orcomplele loss of CDBG funds, which under the current agreoment are estimated to be $750,000 in FY 99. GROWTH MANAGEMENT IMPACT: N/A. RECOMMENDATION: That The Board of County Commissioners formally amend the County's purchasing policy to 1) authorize the adoption of a past performance evaluation system and 2) to comply with the requirements of the CDBG Small Cities Economic Development Grant program and that the Chairman be authorized to sign the enclosed resolution on behalf of the Board. PREPARED BY: .~_,.~:..__/:. m._ ': '-' Steve Carnell, Date Purchasing/General Services Director, CSM REVIEWED BY: , .- ,~ x. - ,,~ Leo Ochs Jr,, Date Support Services Administrator DEC 15 1998 I RESOLUTION NO 98- 3 RI=SOLUTION M4ENDING COLLIER COUNTY RFSOLUTION 95-353 AND 4 THE PURCHASING POLICY REFERENCED THEREBY 6 V,/HEREAS. COl'her County Ord,nance 87-25 provides for the estat:)hshmen! ? of a purchas,c,g ~ohcy to govern all aspects of purcnas,ng adm~mstrahon, and 8 9 V/HEREAS. The Board of Courtty Comm~ss,oners on June 6. 1995 10 ado~ted a purchas,ng pohcy by Resolut,on 95-353 and subsequently amended 11 sa,d resolut,on on November 18. 1997 via Resolut,on 97435; and 12 13 V/HEREAS. both the Cihzen's Produ~w~ty Committee and County staff. 14 seeking to o~);a~n maximum value f~ the tax clollar, have recommended 15 ,mD;eme'v,~t,g a format syslem for tracking evaluating and considering the past 15 ~e-fo-'-.ar~ce ,O~' 'con',;actors, vendors and other en.'.d,es DrOV,dmg commodihes 17 a'~:~:,r se.",~,ces to '.he County, and f9 '/IHEREAS Col:er Cou~y has prev,o,.,s¥ e~:ered ~nto a'~reement w~th the 20 Slate De¢,ar:m~.'~: .~' Commumly Affairs lo Da.-t,c,pate ,n IhaJ agency'S Small 21 C,',es C;'-m,~ ~/geveJ.~oment BlOCk Or,in: Ec, or'om~: Deve~o~,ment program 22 ar~j cea,res '.~ comply ~,,m l.'~e Granlor's p'ogr~m requ,remems 23 24 NO','/ THERE'.ORE BElT RESOLVED BY THE BOARD OF COUNTY 25 COMMI$SIObIERS OF COLLIER COUNTY FLORIDA mat 27 Res; .:,c" '.-'5-352 ~s ~ere=y amended By m,s Resolut,cn as attached 2~ "e'e'.-., a": .":o~;cra:ed harem =y reference 29 30 T~,s Rest'Jo,on aCc,;,te: after mc'.,c,": second and ma;onty .vote. favsr,ng same 31 32 DATE ~999 BOARD OF COUNT'Y COMMISSIONERS 33 COLLI=_R COUNTY FLORIDA 35 ATTEST 37 DWIGHT E BROCK. Clerk By .~, 38 Bar=ara B Bern/, Chmrman 39 40 By 41 Ma~reen Kenyon~ Deputy CIer~ 42 43 44 APPROVED AS TO FORM AND 4~ LEGAL SU~,FlClENCY 49 ~,~._..'3 V ~_O__R~_AI._C.~.I_4~F...~_T~F..~_H_O_J,J~ (Purchases in excess of S25,000) D, ~_e___qL_P_a_,~_L_~.~o_r~~ata: In order to promote the qualitative delivery of commodities and services, County departments shall record and consider the past performance of vendors in the award of contracts exceeding the formal competitive threshold. This objective shall be accomplished as follows: - ' 1. The Purchasing Department shall be responsible for each of ' the following: a. Developing, implementing and maintaining appropriate · administrative procedures, instructions and technologies '.C: necessary to collect and access vendor performance data. b. Ensuring that relevant past performance data is properly gathered and considered prior Io award of subsequenl conlractso 2. Using agencies shall be responsible for each of the following: a. Conducting periodic performance evaluations of vendors under contract with the County pursuant to the procedures established pursuant to subsection V.D.I.a. b. Considering the past performance of vendors during the evaluation of formal bids and proposals for subsequent contract awards as sel forth in the administrative procedures referenced under subseclion V.D,I.a, 10/98 C T.j,e_j3j_~ Where there are Iow tie b,ds. t.~e a,,,ard Drocess shall first be t,..,blect ;o Sect,on 2B7 017. ~' S ,Should a t~e Stol! e,q$: among t',¥o or more ~dde,$ and il' the purchase is funded in whole or in parl with interagency gran! funds, the lie shall be broken in accordance wilh the 0rani conditions or the grantor agency's procedure governing such mailers. If no inleragenc¥ grant funds are appropriated for the purchase and any one of the Iow cuahf, ed vendors has a pnnopal place of .bus,ness located in Colher County. the b,d shal~ De awarded to the local b~dder 2 [f :he !o,.,~e'~t qualified ~ ~ reSpOnS,ve b,d e,ceeds me -~'"'~:~-.t and if the purchase is not funded in whole or in pari with mtetagency grant dollars, the Purchasing DireCtOr may -.her q~s w~th t".~. apparent Iowe'd qu;Jhf, ed and responsive b~dder a;ctr:,'.,');;e s* tr, e BOard If the budgeted emounl includes grant funds,, lhe Purchasing Director shall be aulhorized Io conducl such negohation~ provided said acHons are not prohibited by law or the : granl conditions. ~','"' .... ,~ $,:,C",_'~'{:'.~A~,,_MLNOR_T_y AND __WOMEN. business enterprises (MBEs) and women business enterprises (WE)Es) see, t~ ~ -'.;s~ress '~,~tn :ne County P.'s.,~'~t tS :,,rS DOhCy C31her County /~rl require ;ts ',endzrs c':.r'sultz~ts !'.'t'a :t;'s ar": ~..~:)con:ra'.[crs to ;, r "; ,, . 'J e quai;fleC small b~.smesses, '.'B-=S and ',','.~:_.S ,,.'tm an equa! cp:)c~umty to pa"hc~Pate m :me fo;ma: :;"~;e: :,ye ='cc~sses f:,r the ;,rOC..reme.~t cf commodmes an~ serwces by :'e '"e ~r:/ ~s not re:ended to reauire or to allow ,sa~ialit'/ toward or s st' '"',nat~sn a~a~nst any small busmess, DBE, MBE WBE or any ct,her ,...~'~r, consuftanI, con=raclor or Subcontractor on =he ~as~s of gender, race s' ~a:~onal or~g,n, or other such factors, bul rather to he!~ ensure that small c.',,,r'es.,es. DBEs. MBEs, WBEs and all quahSed ,'eh'JOtS, ccnsuRanls, ':.s~:r,')ctors an._. subcontractors ha,'e an equal o;:)podumty Io parl,opale m t.qe County's formal compehl~'/e processes Notmng in this Pohcy shall be construed Io p~o','~de for or require any preference or set-aside based on gender, race. nahonal ongm or any other such factor. ~.~rj._,?Jt~ons For purposes of Ibis pohcy, the term 'small :usmess' shall na me same defln,bon as set fortr, under Section 288703(1). rS. The term 'DBE' shall include any 'small business' as defined pursuant to Secbon 288 703('i) lha! is at leasl 51 percent own.,~:~ or controlled by a person or persOnS defined as 'sooaliy and economically d~sadvantaged' Indmvl~uais pursuant to Section 14-78.602(t8), F.AC The terms" MBE" and "WBE" shall be defined pursuant Io Section 288.703(2,3), F.S. Reference these del~mt~ons, noweve:, shall in no way be construed to prowde that the County has adopted or is subject to the prOWS~Ons of the Statute or Code referenced hereto. DEC 17.]998 Lm_pf_¢_.~¢,~ in~e~lLvZ.~. In an efforl to implement th~s pol,cy, the County may undena~,e the/oliowing measures: I Designate the Purchasing Director to peck~m-du4~;'"..~as ~ ~ ~ ~~-~ ~ administer th~s pohcy 2 Uhhze outreach pr~rams [o ~denb~, reg~sier and educate small bus~nes~s. OBEs. MBEs and WBEs to padicipa[e in the procuremen~'~nlract pr~es5 including, but not hm~ted lo. a A~end,ng trade fairs which include ~--~~~ representatives from Ihese enterprises b A~ending meebngs and social events wherein these enterprises ~~~ may ~ ~dent~fi~. r, ~JM,z~ng publ,cat~n~ aimed a~ reaching these enlerprises ~ d Ufihzlng direcfories and olher reference sources that list ~ I~~~E~ these enlerprlses. e Publ,C~z~ng Ibis Pohcy to encourage these enterprises ~ b~¢~ ~J-~ to pad,opate ~n the Cour. t/s procurement ~..,e act,oas designed to :9 .¢~,& these enterprises '/,ho are seekm; to provide commod4~es and services to the County. 3. Ma:nta~n a Iislin~ of ~~es~ ~ these enlerprlses. 4 D,ssemi~a~e information regarding ~mpe~itive oppodunities with lhe County ~n order to allow 6uahfled small businesses. DBEs, MBEs and WBEs to padicipa=e in the Counys procurement process. D cOc'~rm~'t w~P A~~ The prov,sions cf :h~s ~ . . . 086 2¢~ seclion sharl be cons:~ed nn ~nformity w~t~ applicable state and federal law. To ~e ex~ent that state law con~cts wilh federal law, ¢eCerar taw shall supersede such sta:e law. When procuring commodities or se~lces using Coun~ funds, each onlily and employee under the pu~lew of the Board of Coun~ Commlsslone~ shell comply with all applicable state and federal Paws concerning conflict of Interest. For state or federal Communi~ Development Bilk Grant.funded projects, entities and employees shall comply with the requirements of Pad 85, Section 36(b)(3) of the Housing and Urban Development Code. 11130/98 DEC 1 5 1998 pg , - EXECUTIVE SUMMARY PROVAL OF A LEASE AGREEMENT BETWEEN COLLIER COUNTY AND STATE IR BURT L. SAUNDERS .O. ll~,.(~II.~: Approval of a Lease Agreement between Collier County ("County") and Senator Burr L. 5aunders for utilization of office space at the Collier County Government Center and the acceptance of a Resolution regarding same. CONSIDERATION: Senator Bun L. Saunders has utilized an office on the third (3~) floor of the Administration Building at the Collier Count.,,' Government Complex since 1995 when elected as State Representative. No,.,,' that Senator Saunders has been elected to the State Senate, the continued use of this office is required. The Lease term reflects the Senator's icrrn of office commencing November 3, 1998 and ending November 2, 2000, The Lease provides for ;m additional Icrm of four (4) years pending thc Senator's re-election. All other terms and conditions in thc l.case Agreement reflect those contained in thc County's standard format. The attached Lease Agrccment has bccn reviewed by thc Office of the County Attorney, the Facilities Management Department and the Risk Management Department. FISCAL IMPACT: Thc annual rent of Ten Dollars {$10.00) shall be deposited into the following account: ($)1 (Gcncral Fund) Cenler: 122240 (Maintcnancc Sen'ices) :ecl: 487400 !Reimburse- Building Maintenance) GROWTH MANAGJ~IENT: None RECOMMENDATION: That thc Board of County Commissioners approve thc Lease Agreement with State S~ator Bu~ L. Saundcrs and authorize its Chaim~an to execute the Lease Agreement and a Resolution reg~ding same. P~PA~DBY: ~J~_.t. ~.a., '-- "~ .~'~Z2 DATE: /~ / 9 r Propcn,~pccia~t' Real Property Management Department Michael ~. Dowling. .~'~ Skip Camp. Director. Facilities Management Department ' ~E~DBY: ~' ~ F- " - ~ ,' DATE: Leo E. Ochs. Jr.. A~inistrato~ ~ppon Sen'ices Division DEC 15 1998] RES()i,L'TION 98- 4 RF.~OI,I,.'TION OF 'TILE BOARD ()F COUNTY C'OM.~IISSIONERS. ~ (OI.I.I[R COUNT~', FI.ORIDA. APPROVING A I,EASE AGREEMENT ~'~ ~ BE~'EEN CC~I,I,IER {'CH:NFY AND ('ON(;RESSM.~N P()RTER GOSS g FOR TIlE CONTINUED L'TII.IZATION OF OFFICE SPACE ~VITIIlN I TIlE ADMINISTRATION BUll. DING. IO II gtIEREAS. C~rc~man P~n~r (;os~ r'c'ongrcssman") d~sircs I~ corn;nut :o Irase an 12 O~ce Sp~e on Ibc ~ecnnd fl~r ~f :he Admm~s~ra:mn Buihhng n'~ncd h', C'olhcr County. a St~ ~o~emm~t office ~IEREA$. ~h¢ lea~e t~g-ecm~c', pt~',:des fn~ an initial :'*o t2)':car ~c~ '~h~ch tcNcc:~ 2~ 29 2 The ('hair.ar ,r ,~,. ~r,,~;,~ ~,f ( .,.;:/-. r'.,mmt~mncr~ nf ('~':h:'~ r',,,:r,.~ r~ n,..~. ATTEST. 4o B%': fly 41 ..... .Jtcput)('lcrk BARBARA'R BERRY. 4~ 4~ 4~ and le~l Jl A~sislanl County Am,mc,.. Lt:ase ~ 764 L [.AS £ A~PJ;.L%!Lh'I I.E~FF ~c% c(,~en.~r,,, 3~,~ :ccc, Tn p~ ~ rent fi,r thc [~m~icd ['reml~es the ~um ~f Ten I~e I~JJ te~l~ thc ~amc i,)r :~,c e~t~m~ tcne'*a~ term ~rfl~d ~1~. L'lflff~ charges ~hal~ include, bu: sF.~;: n,,: ~ hm~cd to. clec~:~, hgh:. heat. a~r {~llJ~lflJ. ~. slier, and ic'~cr scrslccs ulcd, rendered or supphcd ~hcrcu~n m m connccJmon , LES~)R I~ll bdl. on a monffd) ba~,q. I.LSSLE for all long dlq~ncC calls. I.ESSEE covenan~ to ~y ~g f~ m~thl) telep~,ne long d~*ta~¢ ¢~rg~. ~m th~ f JO) ~y~ of fete:pt of mvmce. tn l~l ~ Oft~ t'mled fitale* of Am~ca. at Ibc addre~$ of I,ES5OR ~: fo~h m thts l,ea~e or a: ~h ~ place Is LES~)R may de~gr~tc 5 1998 , ~ ~ ~ ~y r~ ~lr~n~ sa~d reques: f~ chan~c~, smptn~ement~, alterations or c~1~ ~¢m~t. ad.J,::(,~ ,~ altcrarin~, of a~y a~:~zcd m~hficah~s, ad(hnans or ~~ ~ [~ml(ed l'rcm~es. ,n nh~'c and c~ply ~,h all ~hc~ and futurc apphcah:~ la'ns. All a~. ~,,,~-.'~ - ~ .... [[~P. ~" ' ~." ',": ,;," 'ti': "'~' .': ~'~ ---~ .--. ?2' ~ . '~ '.',' C~I/~ Of fk [km~,cd l?cm:(c, duc tn,,r ".s,,,~,,{'"" from any default by I.F. SSEE m thc ~rfo~ancc eX~ ~ habdtirc~ rc~ulrmK thc~cfrr)m and ~hall dcfc~ such ac:~o~ or ~ccdmg If LESSOR ~t~t. ~ [.ESSEE'S c~n~e h~ cnun~c: r~nn~b~> ~a:~sfactor. to i.E:.SSOR DEC ~ I0 ~ ~q~ nf the F~r~tt,~ lr.~ur~ce R~ ~.~nn~cmen~ T~t Fund ~nd pur~: Ln~l~ -;Ih a mm~m~m hm~r ,,f; ~c II J~]rt,~ ~r~;~3~ [h,l:ar~ and No'Ir~ ('cnL~ t $I~L~ r~ each lq e~l~¢,~ ~ .%~,:1¢ 2 , ' '~ . ~'.~'r ,,"'~- '~ ,'.c'~,~ ~ ;~rc~ '*;th:~ thc ~r,~::c ~ri,,d ,,~t ~,.~ ' . ARTI('Lt lJ LES~R I, c/o R~I ~y ~frmt !)rp~ Adm:r4~trat~or, [)J:Idin~. ~.:rd ~ Admtnl~M~ RutJdm~ ',~7':~. ~',or~d~ 341 l Z FKffm~ ~fa~agemr~: :)~-r~r'm~,: [hrc~t,,r DEC 15 lgg8 ~ ~d r~ff a~ ~he 4amc qha[l ~ $I [~ commc~cment of ~¢ tc~ of th:~ [ ¢a~¢ or may have ~ L~)R f~ t~t [~m~e.~ f' *~,~ ~;i mot :~ quh'c~: ~, ',~cn* for T~rn~cm~nt~ made 5'. ARHCLE I9 AS TO 1lIE LES~)R DA~ A~ST: ItOARD OF ('OL'N~Y COMMISSIO~;EES DWIOIIT E. BR~'K. (';.k ('()LL. ILR COL;N~3'. FLORIDA ' EXECUTIVE SUMMARY ROVAL OF A I.EASE AGREEMENT BETWEEN COI.LIER COUNTY AND STATE SENTATIVE DUDLEY GOODLETTE "~ ~: Approval of a Lease Agrcemcnt between Collier County ("County") and State .Repre.~nt. ative Dudley Goodlette for utilization of office space at the Collier County Government Center and accept a Resolution regarding same. ~: State Representative Dudley Goodlette has requested the use of an office on the ~,econd (2nd) floor of the Administration Building at the Collier County Government Complex for use as a government office. The Lea~ term reflects thc Representative's term of office commcncing November 17, 1998, and ending November 16, 2000. Thc Lcasc provides for an option to renew thc Lease term, ifthe Representative is re- elected, for one (I) additional term of two (2) years. All other terms and conditions in the Lease Agreement reflect those contained in thc County's standard format, The attached Lease Agreement has been reviewed by thc Office of the County Attorney, the Facilities Management Department and thc Risk .Management Department, I~C...~I~t~M~: The annual rent often Dollars ($I0.00) shall be deposited into the following account: r/)l (General Fund~ Cenler: 1222a0 (.Maintenance Serwices) Project: 487400 (Reimburse - Building .Maintenance) GROWTIt MANAG£MENT: None RECOMMENDATION: That the Board of County Commissioners approve the Lease Agreement with State Representative Dudley Goodlcttc and authorize its Chairman to execute the Lease Agreement and a Re~lution regarding same. PREPARED eY:_ / _~. DATE: ~ip Camp, ~ir~r, Facilities Management Department ~EWED BY:Lg ~ ~C]]~. jr., ~3m'5,istr~'r]' ~n Sec'ices Divisio~ "' / DEC 15 lSB8 Pg._., RESOIA'TI¢)N 98- RJ'.~;(}I.J."TION ¢)F 'IIIE BOARD OF ('OUNTY CfL'XI.MISSIONERS. ..... :~ COI.I,IER ('OUNTY. FLORIDA, APPROVING A I.EASE AGREEMENT ' BET~'EEN COI,I.IER ('OUNTY AND STATE REPRESENTATIVE DUDLEY GOODI.Erl E FOR Tile UTII.IZATION OF OFFICE SPACE OffiCe sp~e ~ I~ ~nnd fl~r of ~hc Administration Build:ag owned by Colher County. ~l~ical ,M~'i~ of thc State of Florida ("Collier Counly"l. in order to operate a go'.'emmcnt office. ATTEST; ('OLLIER COUNTY, Y LORIDA BY: ............. BY Ap~ov~ a~ to fo~ Heidi F. Asflton Assistant County Atlome~ Iff c~ah,~ of tee m,/ua~ :,, ARTICLE ~ ~,cnt follo~lfl~ the execuf~,,n ,,f th:~ I In I~ ~l I.LSSJ I' cirri, ~,, LE~S(}R ~11 p~:, ali c,,~t, f,,r c~ectr:c:r), a;r t¢,n&:~nnmg. ~ater and ~e~er ~rv~ces used. II*fuJ m~ of iD l'mled gta,e* s~h o(~ place a¢ l.[:~/)P ma~ AGE ~0~ ITE~ OEC 1 5 1998 P9'? _~.'~ LESSOR eJ~ent5 m hy ol~r Dcr~,)n~ m th~ [)cml~cd ['rcmt~c~. or from ~hc ~trcc: or suh.~urfncc, or frnm ot~ pl~cf, m fm an> mtrrfcrc~cc ;~u~d h) nper~tmn~ b} CNII~II~ O~lfly puhhc 4,r qua~:.puhhc '~,)rk~ DEC i Li998 I ~]Ol F~st T~m~am~ IraF, N~ri~. ~1,,r~4~ 3~Ir)~ Admm~qtrat~.fl Dudd:n~ Naples. Fl~da Ce: O~ce of ~he r',, ,r:~ L~R'$ sf~ar~ r.~.:~ '~e~e ,.~her o~r3~ ~karc common fac:h:tcs cre3~. ~ IMps f ~3~¢. of ~ leasehold sr4crc~ :n ~he [~m~ed l'rem:%cg t~ I.[SSEE'S ~s~css~on ARTICL~ It, En~:;vr~m:~,~Ji follo~ mF ARIK'LE I~ L~ ..... ~,~..,~ ~]~ ~-~,~s r,, ,: .... ~:' :"--cr.'~ ma', ~,,','r a:c ~u' ~,~m m,:scr of ~he fac: :hat ~hc m:crc~: ~f ARTI('I.E 19 L ....... ARTICLE 20 Oo~m~ La'* IN WI I.'NES.q 9,'HI.RI'-r ~I. fi,.: pdr:,c,,, herc:o ha',e hereunder ',,et f.r:h :heir bund,, AS TO TIlE I.£SSOR DATED._ ......... ATTEST: BOARD OF C'OL,'NTY cc)M.MISSION'ERS DWIGIi] E. I.~RO('K. t' 'i.:,i ('OLLIER COU'Nq'W. FLORIDA ' DEC 1998 . _., Pg., EXECUTIVE SUMMARY )VAL OF A I.EASE AGREEMENT BETWEEN COI.I.IER COUNTY AND ;RF~$MAN PORTER GOSS 1~.~.~[: Approval of a Lease Agreement between Collier County ("County") and Con~essm~ P~ ~ss (~Congrcssman") for utilization of office space at ~he Collier County Government Center ~d ~t a R~lution regarding same. CONCrEtiON: Congressman Porter Goss h~ requested the use of an office on thc second (2nd) fl~ or,he Administration Building a~ ~he Collier County Government Complex for use as a gove~l o~ce. ~e ~e 1~ reflects the Congressman's tc~ of office commencing Januao' 2, 1999. and ending Janu~ 1, 2~I, ~e Lease provides for an option to renew thc [.case temp, if thc Congressman is re.elected, for one (I)additional tcm~ of t~vo ~2) years All other Icrr)ls and omditions in thc I.casc Agreement reflect those c~lain~ in the County's standard ~e attached Le~e Agreement has been reviewed by thc Office of the County Auomcy. the Facilifim M~g~I D~anmcnt and thc Risk Management Department. ~SCAL IMPAq: The annual rent often Dollars ($10.~) shall be deposited into thc following account: f~l (General Fund) C~t~: 122210 (Maintenance Sca'ices) ~j~t: 487400 (Reimburse - Building Maintenance) ~RO~ MANAGEMENT: None ~COMMENDATION: That thc Board of County Commissioners approve the Lease Agreement with Con~m~ Porter Goss and authorize its Chai~an to execute the Lease Agreement and a Resolution P~PA~D BY:_._~_~:~ ~_ ~_ ~ . Michael Il, Dowling, RcM Prap n( ccialist, Real Property Management D~a.mmt S~[p Camp, Director, vaci~ities Managemcm Dep~ment Leo E. Debs. Jr.. Admin~tor, Suppo~ Sc~'ices Division DEC ! RE.~OI,I,;TION 98- R£.~OI.UTION I)F 71ILL BOARD OF ('OL;NTY COM.MISSION£RS. COI,LI£R COi'NTY. FI,¢)RIDA. APPROVINC, A i,F. ASE AC, RE£MENT JI£1qA~E,~ ('¢)l.l.llr. R ¢'OUNT%' AND ¢'ON(';RF. SS,%IAN PORTER GOSS t FOR TIlE CONIINUED UI'II.IZATION OF OFFICE SPACE WITIIIN I ?11£ ADMINi.~;TRATION BUll. DING. I0 II WIIEREA.e,. (.'nn~rc~man Pr,fret ('h~ C'Cnngrc~man") dcslrcs ro continue lo lca.~c an Il offKe ~¢ mi the s.'~nt~d fl~r ,,f ~'h¢ Adm.miatn~,mn ~qmk!ing r,'~ned hy Collier II polilk~l ~xlis~si,m nf :he State ,,f ~l,,t,l~ t"f t~lbcr f't,unt?"L in order It II~'C~t~jtessm~m's el.~.,,,m lerm The 1:4~e pro,~,l:, fr,t ~ re~ev,~l term. if l0 2~ I T~ ~atd ~f ('r,.m~, ~',-,mm:~:onc:~ d~s ~pro~ thc ~ttachcd I.e~c ~ 2. T~ ~.m ,,f ~F,e B ,~d ,,f Co,~r,~y Comm:~ner~ of Collier County. Flor;da. M A~EST: It D~I~III t tiff, ~ E. { ;et~ []F)ARD r)F COUNTY Ct'~MMISSION'ERS 46 A~ ~ tn f~ " kJ ~ Hmdi F. ~1 Alsis~t C~nb Am,me? I - AGErd, O%/I.TC~. /- DEC1 5 1998 .. ..... .)--' ,,. Lca.~c" 764 THIS LF. AS£ .%~4)~£F.?4E;,'T ~,,:ct,(~ moo ',.~t~ da:, o." ..... 199~, ~c,"~,.-:,~ Coerressm~ Post, et Cr-,,~. ,,,~,~¢ m:ffmi ~l.J&e~s Ts ]]0~ F.as: Tam:cml T~:I, Nip,cs. F!onda hetemlfl~ ~efetted to a~ 'LESSF.E'. ar,(: COLLIER COU3.TY, a pollhc.l sugar, sion of :he Su:c of WITNESSET}[ ARTICLE 2 ~c..-~ u: :-cue be CMt$~,'ued 10 ~ lenar, c? from m,'mt?,.t",-m':r,:-. ,;.'.d~t ~;e ;;..-'r~.,~ am~. :nr.d:h,.,~s a( ,",:ov~ded her::,-,. L£S.~OR r~cr,:q ,k: n~kt :,, '~rm:r, arc t?.:l [ :nsc. 'ni:h or ~l:ho,~t ~aU'~;. ~y ;toyed:hi: LESSEE be effech*e upm) pi)cern;ri ,~ :~,e r,,~;,:.e :n an ,')f~:,E ~¢;o~;:or/ of '.~c L'nl~c~ S~r.-~ Pos: ARTICLE .t Rt~ Ibo~( Ih~ll rcm~m the s~me r,~r [he en(umlc rcr, c~.al LESSOR shall pay all co'~;,I a,l~nc~a:ed '~'~h :he Demt$c~ ?:;m:~e~ ;r,c',..l~ir',L bu: not hmltcd :~, )ltlllMl,ll ~'l"~Ke't .,nd any and utlhi~ cha;~c'.,, cxc. c~t ~'ot :onI 'J. ISL,L~:C tc:crhonc charges which ~c Iddreued below, Lh~ht~ cha/Ic~ ihaH include, but sl'.ll not be hml:e~ to, one (I) :able tclcv'mon outlet. tlectrl¢llT, lilM. h~at. air cof~ltlonmL power, wa:eL ar.d sewer $crv3ccs used. rcndctcd or supphcd ~ M' Iff connectTon ~,sth ~,c Dcmfscc~ ~cmsscs. LESSEE sh~l! be ~i;le~ ~ t. ESSOR rot ti'.~rce (.~) tcl~henc ,,oicc Im-.s LE. SSOR sh~li ~i~!. or. a monlhh/ bern, LESSEE'S 9,'uhmiton, D C. office for all Sun:om. tc!~honc voice Imcs and !onl alii:mice ¢1111. LESSEE cw, enan:s to pay LF. SSOR f~ monL%ly Suncom. :clcThon; voice hncs and AflxflCL It Ihe o4dress of LF.SSOR set [ot~. in this Lease oT at such ot.%ct place as LESSOR may des~le. OEC 15 1 98 ..~ ~l~t~'4 t~' {he Demised Prcm~$¢~ rot LESSORS '~r'~.'..,m. atpto'..a!, s~¢c:fymll tr. ',,m..tmi :he oat'utc and 6!mai '.~ ~ch fc,ci~esf to LESSEE p,J~ hc Ju~her:t~ dimlle to rto~tt? (mctud,nl~ :~s of ,.,~¢ thc!col) related Io fA) LESSEE'S u~c of cnq~lo'~'m. $1¢n~ or cn~C-ac!~s} b;, o; on Nhalf of LESSEE fn ~ ',bout '.he D~mssed Premises. lC) any ¢ol~iliOo of the D~m:sed ?ram.es d~:e 1o or res, d:;.~i fram ar.y default by LESSEE m of L~..~£~,, obhlattons .md~ this I case. or (Dj any 3c~. omr,lsior~ of r:¢ghic.nce of LESSE! or II~t"H[$. CO~lr$¢lorS. crnpl,'~'.eel suble~a~',~, h¢c'~sccl or z.~',,a'ee$ Z~ ¢asc ar, y action or procccd,r,g l:~"emlhl IJlmlf LF-.$SOR I',.! rcalrm of any °'.nC or more '.hereof. LESSEE shall pay a[~ :o~;~. ft"~. ¢!J~"~$ II~J habdflfes resultl,':.lt :}',ere from and ILall ~aef¢~d such a':t]on or pr~cc.-d:ng :f LESSOR ~l~ll ~ ~ lC LESSEE'S ¢~,",c.r.,4. hz counsel ;casonably satlsfa:tor! to LESSOR, T'~ LESSOR sh~ll not be habte ."or any inj'.,r/ or ,"am, age to ;'~:..~n or 7ra?r':~ caused by :.hc el¢"tl'~l~ ~' J~ ocher It, ets,wis m th, Demised Pt!raises. or from '..he s~'.,:c: or lu~-su:f:lcc, or f;om any Mher pfKe. ~ fo! .~y inte'fcence '.auscd by op~ation$ by or for a loscmm~ul ~/j~f~j~ft~cCurt~n~he~em~¢¢Prem~tes~:t~¢~an~;r'¢L£SSE£`i~r~-¢s~h~dt`h~ j'"- AC,[i,,iO,~ ~T[~/' ~ LESSEE ~11 zf all t~eq :3~/ comptchensrve ien~al :zabi~w/ insurance ~n a~ a~ounc not ~ ~ ~ ~ of~ee II--ed ~m~ ~l~]ts fS~,~.~), L~EE s~lr ~c~p ;~ D~m~ Pr~=;~s ::can ar ~;~ :~mcs ~faJl ~ LESSOR. maT. ~r ,ts ~r~. :c~:natc :hts Le~: IS ~fi~ m ~c[~ 2 ~f '~t~ Lc3sc. unless :~c ~cfau:: bc :urc~ '~h;n :%c ~ot~c~ p~og (or such ~CLE 14 L~R: L~SSE[: 3}01 ~st T~m~lml Trad ]JO: East Tam:am~ A~mlS~tl~ Braiding N~::s, FIo~da LESSEE sM;I d~h,~ up J~,J ~u~,~: :o L~,~SOR ~sc~s~ ~ ~ ~ LES~R or L ESS~E d~mg thc continuance t~cof, or,marl ~car and ~c3: ~d damage hy ~CLE 16 Occ~al (I) Rilhts ~ s~c~cally Kr~nted ~hc I.ES~EE by th~s Lcas~ arc hcrc~ :csc~cd to ~hc LESSOR, (C) L~SEE a~ecs ~o pay all m~anglblc ~r~nnl propcm/ ~xcs ~at may bc lm~scd duc to :he ~t~. ~ ~h~ L~. o~ ~ :casehoid inl~cst in ~c ~m~d Prtm~s~s or L~S[['S possession o(MJd lea~ld Interest In Iht Demised L~SEE ~tcscnSs. wananU and aDccs to mdc~t~, rttmburse, defend an~ hold ha~lcss 0EC 1 5 1998 AS TO TIlE LE$~P DATED [~WlOl[I' £. BP¢~ I':, ~"1-;; ~'r)l :.IFP '" I :"1"'r' ;:.(,P.I[,A B Y , [kr'~, ¢, Jerk ~APj:IA,P..,,'~ DJ :',Il: P.,R,'I'. (.ha:rm,,an AS TO LESSEE: DATED. WITNESS fs~l'~$tuf¢~ C,.):;r.:I~.E.~S:4A.'; POP. TFR GOSS H~l f. kmhm API'R()V.&I. ()1-' ,& ('(}I.I.I-:('TI~,'i.: IIAR(;,.XI,%I.'~C A(;RF:F:%IF:%'I IIF:'I ~~, F:I-:% Till-: B()ARI~ OF' ('~)1 ~'1 Y ('f)%l.~ll.S,;.~l().~l.:R.~ .,'~ % l) 'l'llf-; I~'1 F:R %,.~'I I()%, .~1. A~O('l..~,'fl()'~ ()F I-'1141-; Fl(;ll'fi-:ll.'4, I.()('AI. Cf,?n ~ l~ t'mon r~pr~.~nlm~ thc f)clk,~'< Ihrc FIo.d;i Pnhhc En~phn ~.~, R~lnl~on5 for dim] p;~rl~ hm~h%., ~'r~u'.;nJcc (;R()~%'I'II ~1.~% ~(;F;~lf;% I I~ll',,~("l AI'I'Rf)VI'~I) fly ,.,, · DE.t 15 1998 IAFF LOCAL $670 PO BOX 501 - Everglades City, FL 33929 Phone 941-695-2902 ~ Home Phone 941-348-8876 December 01, 1098 Robert F. Fernandez C. ounty Administrator Collier County Government 3301 E. Tamiami Tr. Naples, FL 34112 RE: Ochopee Fire Control Distric~ Union Contract Dear Sir: We the members of'IAFF Local 3670, ratify the contract agreement with Collier County Government and LocaJ .3670 by majority vote with thc union members present on Dccgrnber I, 1998. This I hope, will help with your agenda for the Boa. rd of'County Commissioners on December 15, 1998. If there are any questions or Further assista,ncc nccdcd please contact me. This letter hand delivered on December 2, 1998, Sincerely, Ray N, Lcmacks President; IAFF Local 3670 Professional Fire FH~hlcrs Of ~C Evcrg~ics NO. ~ m' ) - BEC 1 5 1998 .~.~;_....T2'.~ ,, .. SUPPORI ST:: RVli;:!.S COLLECTIVE BARGAINING AGREEMENT BETWEEN COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AND PROFESSIONAL FIREFIGtlTERS OF TIlE EVERGLADES INTERNATIONAL ASSOCIATION OF FIREFIGIITERS, LOCAL 3670 Effective Date: 1998 TABLE OF CONTENTS ARTICLE I- PREAMBLE ................................................................................................... 4 ARTICLE 2: RECOGNITION ................................................................................................. 5 ARTICLE 3: MANAGEMENT RIGHTS ................................................................................... 6 ARTICLE 4- STRIKE PROHIBITION AND WORK REOUIREMENTS ................................. 8 ARTICLE 5'. NON DISCRIMINATION AND EMPLOYEE RIGtITS ...................................... 9 ARTICLE 6: DUES DEDUCTION .................................................................. 10 ARTICLE 7: UNION ACTIVITY ............................................................... 13 ARTICLE g UNION BUSINESS .......................................................... 14 ARTICLE 9: BULLETIN BOARD SPACE .............................................................. 15 ARTICLE 10: EMPLOYEE STATUS ..................................................................................... 16 ARTICLE 11: WORK PERIOD AND OVERTIME COMPENSATION ................................. 17 ARTICLE 2: SENIORITY ............................................................................................. ARTICLE 3; PROMOTIONS ............................ ; .............................................................. 19 ARTICLE 4: ASSIGNMENT DURING DISABILITY (Restricted Duty) ............................ 20 ARTICLE $; DISCIPLINE AND DISCItARGE ................................................................... 21 ARTICLE 6, GRIEVANCE AND ARBITRATION PROCEDURE ..................................... 23 ARTICLE 7- PERSONNEL REDUCTION .......................................................................... 30 ARTICLE g: OUTSIDE ACTIVITIES ............................................................................... 31 ARTICLE 19. SICK LEAVE .................................................................................................. 32 ARTICLE 20: BEREAVEMENT LEAVE ............................................................................... 37 ARTICLE 21: .JURY DUTY AND COURT APPEARANCES ................................................. 38 "~' s,-, __ ,;; , z DEC 15 1998 .,~~TENT~ ARTICLE 22: MILITARY LEAVE ....................................................................................... 39 ARTICLE 23: PART-TIME EMPLOYEES ........................................................................... 40 ARTICLE 24: HEALTH BENEFITS ................................................................................. 41 ARTICLE 25: LIFE INSURANCE 42 ARTICLE 26: PENSION PLAN .............................................................................. 43 ARTICLE 27 }{EALTH AND SAFETY .............................................................. 44 ARTICLE 28: SAI. ARIES ........................................................................... 46 ARTICLE 29 BASIC IL.~,TE OF PAY ........................................................................... 48 ARTICLE 30 SltIFT EXC}IANGE ....................................................................................... 49 ARTICLE 3 ! POSTING OF SCHEDULES .................................................................... 51 ARTICLE 32; WORKING OUT OF CLASSIFICATION ........................................................ 52 ARTICLE 33: UNIFORMS AND EQUIPMENT .................................................................. 53 ARTICLE 34: EDUCATIONAL DIFFERENTIAl ................................................................ 55 ARTICLE 35' PARKING ................................................................................................... 56 '., ARTICLE 36 VACATION LEAVE ............................................................................... 57 ARTICLE 37, SAVINGS CLAUSE .................................................................................. 60 ARTICLE 38 ALCOttOL AND DRUG TESTING ......................................................... 61 ARTICLE 39 (LAST ARTICLE): DURATION ...................................................................... 63 "o. _ ..X.~ 3 6, RTI~LE 1 PREAMBLE Section I, I , This Agreement is entered into by and between Ochopee Fire Control District, a depaxlent taxing district, whose governing board is the Board of' County Commissioners of Collier County, Florida, (hcreinafl, er referred to either as the "Employer" or the "County") and th~ l:h'ot'essional Fircfighters of the Everglades International Association of Fire Fighters, Local 3670, (h~tdnafler referred to as the "Union"). It is the purpose of Ibis agreement to achieve and mlint~in harmonious relations between thc Employer and the Union; to provide for equitable and peaceful adjustment of' differences which may arise under this Agreement and to establish wages, hours, ~ other conditions of employment eEc '1 5 1998 4 j ~"~.. .... :"~' __ ARTICLE 2 RECOGNITION Section 2,.I The County hereby recognizes thc Union as thc exclusive bargaining agent for all employees of the Fire Depa~ment as certified by the Public Employees Relations Commission, Certification/~1138. OR-96-002. The appropriale bargaining unit is comprised as follows. INCLUDED. All employees of the Ochopcc Fire Control District occupyinI~ the ci~.~,~fications of fircfighter and lieutenanl, EXCLUDED: Ali other employees of the Ochopee Fire Control District. MANAGEMENT RIGliTS £xcepl as other*-ise provided in this Agreement, the management of tile Ochopee Fire Control District and the direction of its work force, including but not limited to the exclusive rights to determine whether all or any part olethe operations covered by this Agreement shall commence, cease, conlinue, reduce or increase; to remove the operation or any part thereof to any location, to e.~tablish new jobs; to abolish or change exisling jobs; to incrcase or decrease the number of'jobs or employees', to change materials, processc~;, products, service, equipment, work schedules and methods of operation, to introduce new materials, equipment, set'vices or £acilities; to assign work to be performed, to assisn or reassign employees to shifts, create or abolish shifts and rotate shifts; to require employees to work overtime; to establish and change hiring procedures; to set the work schedules; to transfer employees from job to ~job or shift to shift, either on a permanent or temporary basis; to evaluate and direct the work of the employees covered by this Agreement; to maintain, enforce, rescind or change Count)' policies, procedures, rules of'conduct, orders, practices, directives and other operational procedures, policies and guides not inconsistent with this Agreement; to establish the standards of'conduct and work of' employees, to establish or change operational standards; to determine the sen'ices to be provided by the County; to discipline or discharge employees for just cause; to lay off' employees from duty for lack of work or For other operational reasons; to establish requirements for employment; to promote and demote employees and to have complete authority to exercise those rights and powers incidental necessary For the orderly and ef'ficicnt operation of thc District, shall be vested exclusively in thc County. The Employer's Failure to exercise any right hereby reserYed to it or its exercising any right in a particular way shall not be deemed a waiver of its right to exercise such right nor preclude the Employer from exercising the same right in some other way not in conflict with thc express provisions of this Agreement. There shall be complete recognition of'the right, responsibilities and prerogative of'County management under this Agreement. This Agreement shall be so construed that there shall be no diminution or interference with such rights, responsibilities and prerogatives, except as expressly modified or limited by this Agreement. If, in thc sole discretion of thc County Administrator, it is determined that a civil ~l~'g~cy condition exists, including but not limited to riots, civil disorders, hurricane conditions or other cat~s~rophcs, the provisions of this A~eemcnt may be suspended by thc County Administrator during the time of the declared emergency, pro,4dcd that wage rates and monetary Frinse l:~'ncfits sh~ii not be suspended. It is understood by thc parties that every incidental duty connected with thc operations enumerated in job dcscriptions is not always specifically described and employees, at the discretion of' managcmcnh may bc required to perform other jobs related to public safety fimclions not specifically contained in their job description Secfon Delivery of' County services in thc most c~cicnt, effective and courteous manner is of i:~r~ount importance. Accordingly, the Union agrees that it will instruct its members to work diligemly in order that the services performed meet the above standards. Sccdon 36 Those inherent managcrlal Functions, prerogatives and policy-making rights which the Employer has not expressly modified or restricted by a specific provision of this Agreement are not in any way subject to thc grievance and/or arbitration procedure contained herein. In thc spirit of continued harmonious relations between thc employees and the Employer, ~he £mploycr agrees to provldc notice to thc Union, in wrhin8, of any change in County policies or ~Ics o[ ~cncrnl applicalion p~or to implementation, which would z~cct members o¢ thc b~n~ unit. Thc Union ~ill ~vc five (S) calendar days to file any objections ~o thc propo~ c~cs ~th thc ~mploycr, w~ch s~ll consider ~id objections before making its final decision. TE~ Miclc d~s noi remove thc ~h~ of thc Udon to request impac[ bargainin~ on ~gc~nt decision tha~ is a mandalo~ subject or bargaining, as Ion8 as thc Union's request is ~ ~tinB. ~y such request must bc ~dc ~t~n five (S) calendar days o[ notice o[ such to lh~ Udon, or, ii no nodcc is even, ~t~n five (S) calendar days o[ when thc Union should ~ve upon the exerci~ ordue diligence become aware of such change. ARTI(~L£ 4, STRIKE PROIlIBITION AND WORK REQUIREMENTS The Union and bm'gaining unit members do not assert and will not assert or advocate any fight to engage in any concer~ed work stoppage, slow down or strike, or to withhold services or othens4se hinder the County's operations. Each employee who holds a position with the Union oe,~pies also a position ot' special trust and responsibility in maintaining and bringing about compliance with this Article and the strike prohibition of' Section 447,505, Florida Statutes 'and the Constitution of' Ihe State of' Florida, Article I, Section 6. Section 42 Any and all employees who engage in a strike or in any violation of the strike prohibition under Ibc Florida Constitution or Chapter 447, Florida Statutes, or this Article shall be disciplined, up to ~d including discharge, by the County, and any such action by the County shall not be griev~le or arbitrable under the provisions of Article 16 - Grievance and Arbitration Proe..,~iure, except to determine if the employee engaged in a violation of this Article. There shall be no lockout by management during the term of this Agreement. AG~ agA ITEl'q..,. ,,,, . ./',5-t'.).~ S I NON DISCRIMINATION AND EMPLOYEE RIGIITS Neither the County nor the Union shall discriminate against any employee covered by this Agreement b~c~use of Union membership or nonmembership. ,, Employee rishts as provided by local, state and/or federal law are hereby preserved; provided that allegations ot' discrimination based on race, sex, religion, national origin, disability, · ge or color will be resolved in the appropriate court or administrative agency and not under Article 16, the Grievance and Arbitration Procedure. 9 j B[c 15 1998 ARTICI.E 6 DUES DEDLICTION ~ The County shall deduct from the pay of all Union members who authorize such deduction, the monthly dues payable to the Union. The County reserves the right to bill the Union for the initial setup cost of dues deduction if the Clerk of the Court charges the County for this service in an smount not to exceed Seventy Five (:$7.5) Dollars. Payroll deduction shall be accomplished on the second pay period of each month. The County will only be responsible for deducting dues associated with the 26 paycheck schedule. Tho'e is no obligation for the County to deduct dues from specially prepared checks, such as early vacation pay. Section 6 3 Employees desiring the dues deduction shall authorize it by completing an appropriate form prescribed by the County. The form is attached hereto as Exhibit 1. The Union agrees to indemnify the Count>', and hold it harmless, from and against any liability, real or asserted, of any kind or nature whatsoever, to an>' person or party, on account of the County's compliance or eflbrts to comply with this Article. The County has no obligation to inform employees of the amount of Union dues or change of such dues. It shall be the Union's obligation to keep the County at all times informed, by certification by the Secretary/Treasurer of the Union, of the amount of the uniform dues. Dues will only be do::lucted for employees who comply with Section 1 of this Article and who authorize deduction of'dues by executing Exhibit I. The County's monthly transmission ordues money to the Union will be accompanied by a list ofn~nes of employees ~f'ecled, ~ the amount tr~smitted with regard to each. Section 6.7 The County will not deduc~ or transmit to the Union at any time an.,,' monies representing fines, fees, penalties, or special assessments. The obligation to commence making deductions on account or any particular authorization sh~ll become effective with respect to the calendar month fi~ilowing the month in which the luthoriz~tion is received, provided it is received on or bet'ore the 20th o£ the month by the County. Section 6.9 Any employee ma)' withdraw from membership in the Union at any time upon 30 days writl~ notice to the County and the Union. Upon receipt of such notification, the County shall terminate dues as soon as practical. C()I,I.JEI,t COU?qTY BOAteD OF' ~Dl.f'i'l~fctJ.,~5 .".; i,~.~?~'/..'s*~'~, ,,.4~. ' '.- ~-:::..)~;,'~,~ z~':~,~,' ~ ',~ "' '~'>-?','-¢~ '"FI.~F~ >,:',,Y<~d-':.,-,,~:?'.':: I...,¢. ~t,t',_~.,. ~:-~c>~,~ ~.. c¢.,,~,t-., c~r..:-.,i..~k,~,-~ ,,ac., d-~- u,,io~ ' '~.",-.:.::::~'-?' ?..".. :::. ..... Cwm~,)yon, ,~.>,:},t,,, ~:.crmr"': .' ..... ~'.'~ ~:~ ?J~.'~'.:':'.. . ~ .... ; ..... " ., . ..... * "' ' ~ + . ,, :' ;:":~-: ..z<~t," : ""; :' ' ' ~ ..... "T "' ': '' '. ~ TM .. ':: ' :'.., ' < -:,;: ,~'"?~' :: 'ig :.~iCK,tAL $£C1 rR[ [ ~ HU~IB~ "..:..:<~---:, ...... :-' ::.,: ·:: '...-. '.-.-.: ",~-~::-'..--,;.?% ~.~:~!.., · .... .-: .:..~...:t.;~:~::.~: :..~,~...? ..: ............. · · ". ' ~;, .. .... ^ U'7110 I~ I7..',. I'ION TO STOP P,\YR()I.I. I} EI)UCI'ION OF I.,,'N I(),N' DUES !h~'~y~mhori.:c ," ' " .... ' '":' ' ' ' ' tlc Lc. lltcl {,ounly Board of (. our, fy Comrat.ss)oncrs, or its agent, to d~.,ducting thc xum which v,2s. des;Rnalcd. -.and c.~rrcnt bv thc '[rca?,lrcr of Local 3670/I ,", F.F.~'::!~! "~,,~ .... ....... " 'i:,~i~;~ )~,~ ~.~..<:~:'.; ~ ........ -.- SOCIAL SECL;R['FY ~ dJ :'J L ,.:.R - "~' ~;~ ......'% ~,~'~,?'~,- ,/,~,,'Y i: - '- :~ ::?!- .i i:: .:: . ','.: .... ,~,,.,,,.,..,,._,.,,. .... :..... .<: .::. ! ~ ..~-,.~ _ ,,, ,. ..... - "- ...... __ ' ? ::~:i~! ! 1" " /~RTICI,E 7 UNION AC'I'IVITY $ection 7. I There shall be no discrimination, interference, restraint, or coercion by the Employer agllnlt any employee for his activity on behalf, of., or membership in, thc Union· Nor shall there be ~ discrimination, interference, restraint, or coercion by the Union or any Union member alllinst any employee because of'that employees refusal to join the Union or participate in Union ~"tivity. fiRTI~L£ $ UNION BUSINESS Meetings mutually set by the Employer and Union shall be set so as not to interfere with the Union spokesperson's work schedule. To this end, meetings will be scheduled during the Union spokesperson's off-duty hours unless this is mutually agreed to be impossible. Union members shall be allowed to hold meetings at Fire S~alions after 1900 hours provided such meetings do not interfere with training or any scheduled activities of the Depax'tment ~,. ' BULLETIN BOARD SPACE The Union may provide a bulletin boaxd at its expense and the Employer restricts its use to notice of Union meetings/t~-'tivities ~d meeting minutes. No political notices shall be displayed. A copy ofaJl notices to be posted will be provided prior to posting to the Fire Chief. · ARTICLE 10 EMPLOYEE STATUS The employer shall maintain and post annually a current seniority list. This list shall be used whenever called for by specific articles and sections of this agreement and in such other e,a.~$ as may be agreed upon by the Employer and the Union. Once this list is received, the Union has five ($) business days to raise any issues as to the correctness of' the list. Other~'ise, the list will be accepted as correct for ali purposes. M:,i :,Or, I ARTICLE I I WORK PERIOD AND OVERTIME COMPENSATION Section 1 I. 1 Employees in thc classifications Fircfightcr and Lieutenant Firefighter shall work one of the following regular schedules: A. Twenty-four (24) hours on duty followed by forty-eight (48) hours off' duty in a repeating rotating schedule. B. Twelve (12) hours on duty followed by twelve (12) hours off duty on a rotating schedule. C, If any other shifts are started other than as set forth above, the County will advise the Union ~cl, upon request, negotiate over the new shifts prior to the implementation. Overtime will be paid in accordance with the' Fair labor Standards Act and paid leaves will not be counted as time v,'orked for the purposes of' determining whether or not overtime is due. Paid time off of any kind shall not be counted as time worked Section Ii Nothing in this article shall be interpreted as a guarantee of any number of' hours of work per day or per week. Nolhing in Ihis Article or in this Agreement shall be interpreted as prohibiting or in any way restricting non-bargaining unit members from performing bargaining unit work The pay period shall begin at Saturday 0830 hours and end 21 days later at Saturday 0830 hours. Time and one-half the employees' regular straight-time rate will be paid for hours actually worked in excess of'one hundred fifty nine (I 59) during the pay period. ARTICLE SENIORITY Section ! 2~ 1 Seniority is defined a.s continuous service with the Ochopee Fire Control District and is that llme actually spent on active payroll. The seniority date shall be an employee's last date of' hire in the Ochopee Fire Districa. Prior service with Collier County Government or with any other public agency will not count except to the extent required by law. Employees with the same employment daie shall be assigned to the seniority list by the lowest four digits of their social security number wilh the lowest number having greatest seniority. It is agreed that the seniority provisions or this Agreement shall nol apply to employees who have not completed their probationary period, hov,'ever, upon lhe ~tisf'actory completion of' hi.~ncr probalionary period the employee v, ill be entered on the seniority Iisi as of the original date of hire The first six (6) months of employment with Ochopee Fire Control District shall be considered probation. An employee will be off'probation and considered a regular full-time employee upon receipt ora "meets expectation or above" evaluation, which is performed after six (6) months ot'employment. The probationary period may be extended up to an additional three (3) months upon mutual agreement of the parties During the extension of probation, a person can be evaluated and made a regular employee at any time. During the probationary period, including any mutually agreed ,'pon extension, thc probationary employee is not entitled to utilize the grievance and arbitration procedure under Article 16 of this contract. Seclion 123 Break in C~nlirlvous Employment When there has been a break in continuous employment for thin)' (30) days or more, except for any approved leave or a layoff', the affected employee, upon reinstatement or re- employment, will be considered a new employee for all purposes under this contract. PROMOTIONS Section ! 3.1 Promotions are offered in an effon to recognize and reward an employee for acceptance of increased responsibilities. A promotion occurs as a result of a competitive process for a vacant position. Department employees who meet the minimum requirements established in the position clarification and successfully complete the promotional testing process will be given first conside'ation in filling the vacancy. Upon promolion to a classification with a higher pay grade, the employee shall receive a 10 percent (l(Y'/o) pay increase or the base salary of the new position, whichever is greater, unless ~uch increase would exceed the control point of the range for the class Any time an employee accepts a promotion to any position v,~thin the District, that employee shall be on probation for the first six months in the n,.w position. At any time during the six month probationary period, the employee may be demoted without recourse provided the employee is returned to the employee's prior job classification without loss of seniority. A demoted employee will be paid at the rate the employee would have received had he/she not been promoted. The demoted employee will be provided a written explanation as to why he or she was demoted. ARTICLE 14 ASSIGNMENT DURING DISABILITY (Restricted Duty) Any member of the bargaining unit that is unable to work shall receive compensation e,,ol'l$i~lent with Workers' Compensation Laws, Feder~ Laws, and Disability Insurance. A bargaining unit member may be assigned to a restricted duty position, due to a temporary disability a~d, if so. shall be assigned a duty schedule consistent wilh the physician order and be eompensaled as if Ihey worked Iheir regular shift schedule regardless of the actual hours worked as long as lhere are accumulated leave hours banked to cover any nonproductive time. If assigned lo lemporary duty, accumulated leave will be utilized to maintain the bargaining unit member's I'lormal salary. Compen~tion and fringe bencfils will be paid in accordance wilh the normal gross weekly wage of their regular position. The employer may coordinate such payment of compensation with applicable Workers' Compensation Laws. Federal Laws, Disability Insurance, and other sources which contribute to or govern the payment of compensation In no case shall such an employee receive compensation which shall exceed their normal compensation nor shall the employer ex~end such restricted duty assignment, if provided, beyond the dale of maximum medical improvement. Temporarily disabled employees both due to disabilities occcurring on or off duty, shall return to temporary duties, if offered, or full time normal duties, subject to such release by their treating physician. The employer reserves the risht lo seek an independent medical opinion as it deems necessary with the cost of such independent medical examination to be borne by the Employer. Nothing in this section shall be construed to prevenl or limit the employer in determining the type of temporary duty assignment or the number' of hours per day or week for such assignment consistent with medical limilalions. An employee under such temporary restricted duty assignment shall continue to be responsible for the payment oflhelr employee contribution, if any, under the County's group insurance program 6RTI~'LE I5 DISCIPLINE AND DISCIlARGE No re~Jlar, full-tim~, non-probationary ~nploy~ shall be di~iplined or discharged Whenever an employee who is a "Firefighter" as defined by Section 112.81(i), Florida. Statules, is subject to "interrogation" as defined by Section !12.81(6), the "Firefighter's Bill of' Righl$"' shall be implemented. Disciplinary actions of the County consisting of suspensions without pa>' of more than 12 hours, involuntary demotions (except demotions v,.hile on promotional probation), and dismissals shall be subject to arbitration. Section 15.4 The County retains the right to discipline any employee with just cause. An employee is not entitled to any particular number of'warnings prior to the imposition of'discipline. In determining the appropriateness of discipline, thc County shall consider the seriousness and frequency of' offenses, the employee's u,'ork performance, conduct and disciplinary record; attendance record, and any olher factor relevant to lair and appropriate discipline. It is the intention of' the County to use progressive di~ipline in an effort to rehabilitate employees. However, where circumstances warrant, immediale termination with just cause may be utilized. r-- '5 21 Except in exccptionzl circumstances (i.e., when thc employee's presence or continued ~escnce on thc County property may create a danger to County employees or thc public), ~m employee shall have thc fight to an informal heating prior to termination. The employee will receive a written notice of thc time and place of the informal hearing The written notice will (a) the charges (reasons For the disciplinary action) under consideration; and (b) thc general facts which form the basis of the disciplinary action, An employee may request Union representation during :,ny such hearing 22 , "" , 5 15o°3 GRIEVANCE AND ARBITRATION PROCEDURE In a mutual effort to provide a harmonious working relationship between the parties to this Agreement, it is agreed to and understood by both parties that there shall be a procedure for the resolution of grievances between the parties arising from any alleged violation of a specific term of'this Agreement. Definition For thc purpose of this Agreement, a grievance is defined as a dispute, claim or complaint that any employee or group of' employees may have as to the interpretation, application, and/or alleged violation of some express provision of this Agreement which is subject to the Grievance Procedure. Nothing in this Agreement shall be construed to prevent any employee from presenting, at aw/time, his/her own grievance in person or by a representative to the employer and having such grievances adjusted without the intervention of the bargaining agent; provided the adjustment is not inconsistent with the terms of this Agreement and a Union Steward is given the opportunity to be pre~nt at any meeting, if held, and provided further that any scheduled meeting, if any, will not be delayed for more than twenty-four hours to allow for the presence of a steward. The Union will be notified by thc Employer of thc disposition of the grievance within five (5) working days of the decision. If the grievant requests Union representation, the grievant will notify the Employer. It i$ the responsibility of the grievant to notify the Union of any meeting called for the resolution of'grievances, whether or not the ~mployee desires to be represented by the Union. A. Every reasonable effort will be made by the parties to settle all grievances as soon as possible. The time limits set forl. h shall be strictly complied with, and can only be extended by mutual Ilgteement of the panics in writing Any grievance shall be considered scttlcd at thc last level considered if the grievant fails to timely process his/her grievance 13. The Union will not be required to process grievances for employees who are not members of the Union C. The commencing of legal proceedings against the County in a court of law or equity, or before the Public Employee Relations Commission, or any other administrative agency for misapplication or misinterpretation of the terms of this Agreement, shall be deemed an election of remedy and shall be deemed a waiver by said employee or the Union of its/their right to resort to the grievance and arbitration procedure contained in this Article D. If the subject of any grievance filed under this Article is presented directly to a County Commissioner or the Board of Commissioners for discussion or resolution, it shall be ex~nlidered a waiver of'arbitration rights as pre.,,cribed in this Article }towever. this shall not be construed to prevent any employee from discussing matters of' public concern with appropriate public officials All grievances, as outlined above, must be in writing and must contain the following information: (1) Article and Section of the Agreement alleged to have been violated; (2) A statement of the grievance, giving facts, dates and times of events, and specific violations with the remedy or adjustment desired; ('3) Signature of aggrieved employee and date signed, and {4) Signature of the Union representative (must be a designated official or steward) it' the grievant requests Union representation and is a Union member. Any grievance not containing the information set forth above or not timely submitted may be processed through the grievance procedure, but shall not be subject to arbitration absent the mutual consent of the panics. The grievance must be submitted and completed in full as set forth in Exhibit 2 of this Agreement. Grievances shall be processed in accordance with the following procedures: STEP 1: Thc grievant shall present in writing his/her grievance to thc Fire Chicf or designee within seven (7) calendar days of the occurrence of the action giving rise to thc grievance. Di~ussions will be informal for the purpose of settling differences in the simplest and most effective manner. The Fire Chief or designee shall reach a decision and communicate in writing to thc grievant within seven (7) calendar days From thc date the grievance was presented to him/her Failure of thc Fire Chief or designee to timely respond shall bc considered a denial of thc grievance and shall entitle thc grievant to appeal to Step 2 STEP 2: If the grievant does not settle his/her grievance in Step !, the grievant, within seven (7) calendar days. may present it to the Emergency Services Administrator, or her/his designee The Administrator or her/his designee shall investigate the alleged grievance as appropriate and may, within ten (10) calendar days of receipt of the written grievance, conduct an informal hearing or meeting bctv,'ccn him/herself, thc grievant, and others as ncces.,ary The Administrator or her/his designee shall notify the aggrieved employee in ~'riting of the decision not later than ten (10) calendar days following the conclusion of the investigation and/or hearing of the grievance in Step 2. Failure of the Administrator to timely respond shall be considered a denial of the grievance and shall entitle the grievant to appeal to Step 3 STEP 3: If a grievance, as defined in Section 16 5 of this Article, has not been satisfactorily resolved within the grievance procedures, the grievant may, within seven (7) calendar days after the response is received at Step 2 of the Grievance Procedure. request. a panel of seven arbitrators from the Federal Mediation and Conciliation Sen'ice A copy of the written request will be provided to the Administrator. Upon receipt of the list, an arbitrator shall be selected from such panel by alternately ~triking names from this list (the grievant shall strike first) until the last name is reached The following general rules are applicable to this Article A. Any grievance involving suspension or termination must be filed within seven (7) days oftbe ~spension or termination with the Administrator at Step 2. r.: [ 5 lgg3 ! 25 B. The Union or employee may abandon or settle a grievance. Grievances settled under this Article sha~l be non-precedent setting and cannot be offered as evidence or precedent in any mbsequent arbitration case uniess the Union and the County mutually agree in writing that the grievanee is precedent sexting. C. No grievance ~ be amended or ~ppicmented after the initial management response at Step ! (Step 2 if it involves a suspension or termination) without the written consent of the Administrator. D. The arbitrator shall not have the power to add to, subtract from, modify, or alter the ten'ns of this Agreement. E. The arbitrator shall have no power to establish wage scales, rates of pay for new jobs, of' to change any wage, except if he is specifically empowered to do so by both parties. F, The arbitrator shall have only the power to hale on grievances arising under this Agreement, as defined under Section 16.2 and which comply wi~h the requirements of Section 16,4 (^) and (C}, Section 16.5 and thc time limits established by this Article G. Thc arbitrator shall determine each dispute in accordance with the terms of this Agreement and in accord with a Submission Agreement, if one can be agreed to. If there is no Submission Agreement, then the arbitrator will rely on the grievance under Section 16.5. H. The arbitrator shall not receive into evidence nor rely upon any past practices that occurred prior to thc date of execution of this Agreement. I. In disciplinary and discharge cases, the arbitrator may not modify the action taken by the County absent clear and convincing evidence ~,ubmitted by the grievant that shows either (I) t the factual basis upon which the County relied in taking the disciplinary or discharge action was erroneous, or (2) clear and convincing evidence that the action taken by the County was excessive. J. The arbitrator shall deduct any unemployment compensation received by the grievant from back wages in a suspension or discharge case. K. The arbitrator's sole authority with regard to monetary awards is the award of back pay. No interest, costs or other damages of any type whatsoever may be awarded. No back pay will be awarded for time prior to the date of filing of the grievance L. Only grievances based on events or occurrences which occur after the date of the ~xecution of the Agreement can be processed under this Article. .~ction !~.9 There fl~ll be no appexl fi'om the arbitrator's decision; it shall be final and binding on the Union and on all bargaining unit employees and on the County; provided, however, that the ad~trator's decision is nol outside or beyond the scope of' the arbitrator's jurisdiction and authority as set forth in this Agreement. .~ction I ii. 10 The costs for the arbitrator fees and expenses shall be borne equally by the parties. Expens~ for witnesses, attorneys and requested transcripts shall be borne solely by the party requesting and/or utilizing them. Transcripts, if recorded by a court reporter, may only be obtained directly from a court reporter. EXHIBIT 2 IAFF LOCAL 3670 GRIEVANCE PROCEDURE (Last Name) (First Name) (Middle Name) (Class/Rank) submit the following grievance which took place on (Date/Time of Day) at against (Location) (Name) Article(s) and Section(s) of'the Labor Agreement alleged to have been violated Statement of Grievance Date, Details, and Facts upon which grievance is based: Remedy or Solution requested: (Signature of Employee) (Date) Step I) Di~:ussion of Griev~:¢ with Fire Resolved [-] Unresolved [-'1 Date; Submitted to Step 2 - Date; Step 2) Discussio .n ,0f C~cv~nc¢ witch Emcrgcnc_y $¢n,'icc~ Administrator Resolvod E] Unresolved [-I Date: Submitted to Step 3 - Date: Step 5) Arbitration Panel from Iht_ Fcdera!~__~e.d_h~3ion_..and ¢on_ciliaLi_o_n__S_e_rv_i.c.c_: Date: ARTICLE j7 PERSONNEL REDUCTION In the event of a reduction in force, the County will consider a number of relevant factors in detes-mining selections for layoff, with the public interest to be of prime importance. Factors to I:~ considered include, but are not limited to: A. The average rating on the performance evaluations for the last 3 years; B. Conduct/disciplinary record for the last 3 years, C. Attendance record for the last 3 years, and D. Seniority within classification. As between two employees in thc bargaining unit, if the County in its sole discretion, determines factors A, B and C are relatively equal at the time of layoff, then seniority shall prevail. Section 17, ~. Recall will be in reverse order of layoffs No new bargaining unit employees will be hired by the County until all members of the bargaining unit who were laid off in the prior 6 months are offered recall. Within three (3) work days of a certified receipt date, laid off employees must signify in writing, their intention of returning to work, to the Emergency Services Administrator. F~ilure to respond to the notice within the prescribed time limits previously stated shall constitute a resignation by the employee. OUTSIDE ACTIVITIES Employees shall at dl times bear in mind Ihat they are seen by the general public, while off duly as well as on duty, as personnel ofthe County and shall at all times conduct themselves in a professional manner. Employees accepting employment with any other employer while employed by the County shall do so only so long as the employment is not a conflict o£ interest. In such instances, the employee's primary obligation shall continue to be to the County and he/she shall arrange his/her ~t'airs accordingly. Before accepting outside employment of any kind, the employee must give a written notification to the Fire Chie£ Outside employment must not prevent the employee from being mentally and physically able to work when the employee repons for duty with the County. ARTI(~L£ 19 SICK LEAVE A. Eligibility Ali regular and probationary employees shall be entitled to accrue and use accumulated sick leave with pay from the date of hire. Under no circumstances shall temporary or other non- regular employees be eligible under this provision. B. Accrual of Sick Leave l. Regular employees hired after September 30, 1993 shall accrue sick leave at the rate of.0462 hours for each normal schedule hour ofwork with accrual not to exceed 369 hours per biweekly pay period and a total accrual per year of 96 hours 2. Regular employees hired on or prior to September 30, 1993 shall accrue at the rate of.0577 hours for each normal scheduled hour of work with accrual not to exceed 4.62 hours per biweekly pay period and a total accrual per year of 120 hours. 3. Employees may accrue an unlimited number of sick leave hours throughout their County P.~reer. 4. Sick leave shall be accrued on regular hours worked, earned annual leave taken, earned sick hours taken, holiday hours, jury duty and military leave. .q. Leave without pay and overtime hours are excluded from sick leave accrual. C. UseofSick Leave I. The minimum charge for sick leave shall be in thirty (30) minute units. '~. Sick leave may be granted for the following purposes: a. Personal illness or injury. b. Appointments with rnedic~, dental, or other recognized practitioners for consultation or ~.reatrnent of the employee. c. Serious illness and/or disability in the employee's immediate family, for up to five (5) days for az~y one incident. (Note: Immediate family is defined as: spouse, mother, father, brother, sister, or children.) d. Disabilities arising out of pregnancy, childbirth, and recovery therefrom sh~ll be treated as other temporary, non-job connected disabilities in terms of eligibility for sick leave, vacation, or leave of absence D, Notification and Proof of Illness I. The employee or his/her representative shall be responsible for notifying the l.ieutcnant before work or within the first hour ofthe employee's normal workday on each day ofabsence Failure to provide timely notice may be cause for denial of sick leave pay for the period of time. 2. The Fire Chief or designee is responsible for determining that sick leave is properly authorized and used in accordance with these rules. S. Irmore than one scheduled shift is missed, a doctor's excuse may be required. 4. When an employee has had an illness which requires hospitalization or results in absence from ',.,~ work for more than five (5) consecutive days, the employee shall provide a doctor's certificate ~., slating that the employee may return to work to be eligible for sick leave pay. 5. In cases ofaccident or injury, a medical leave may be granted without prior notice, lfthe leave is due co an accident that happens at work, the Department Direclor must notify the Human Resources Deparm~ent and the Risk Management Department immediately. 6. An employee is generally required to first use all accrued sick leave; then, if approved by the Fire Chief or designee vacation leave, when out on leave for medical reasons. E. Sick Leave Pay Upon Termination I. Employees of record on August 2, 1996 shah have their sick leave balances calculated and valued as ofthe end ofthe work day of'August 2, 1996. 2. The valuation shall be calculated as follows: Total hours sick leave accrued x o/, allowed upon separation (see chart below*) = ~lour~ 33 paid (subiect to 1,040 maximum) Hours to be paid x hourly rate ~ MAXIMUM SICK LEAVE PAYMENT 3, A record of this calculation shall be noted in each employee's personnel file and a copy ofthe record sh~l be given to each employee. 4. Upon sepaxation in "good staxling." each employee's total accrued sick leave will be calculated and valued in the same manner again. The employee shall be paid the lesser ofthe two values upon separation 5. No employee hired after August 2, 1994 shall receive payment for accrued sick leave upon separation *Sick Leave Pay Upon Termination, employees hired prior to August 2, 1996. Pcrcc xc__P_ at At least 2 years but less than 5 years 20% At least 5 years but less lhan I0 years 25'/0 At least I 0 years but less than 1.5 years 35% At least 15 years but less than 20 years 40% After 20 years 50% 6. The n'm:dmum amount of sick leave hours that may bc paid to an employee at termination is 1,040 hours. 7. Regular full and regular part time employees who are laid off from County service shall have the option of receiving payment for sick leave in accordance with this section at the time of layoff or retaining all sick leave hours for a period of six (6) months. g. In the event an employee is separated because ofdeath, sick leave shall be paid in the final paycheck in the manner calculated above. F. Attendance Incentive Plan I. The Attendance Incentive Plan is designed to reward regular full and regular part time employees with good attendance records, on an annual basis, be permitting them to convert a portion of their accrued, unused sick leave to vacation and/or pay. 2. For administrative purposes, the attendance record of each employee is reviewed by the Human Resources Department on an annual basis from January I to the end ofthe last pay period of the calendar year, The attendance incentive will be tabulated by using the leave report provided by the Payroll Department. To be eligible for the incentive, an employee must have completed one (1) full year of employment on December 31. 3. The conversion orsick leave shall be in accordance with the f'ollowing schedule: Sick Leave Used During Year Incentive Non~ used - Perfect Attendance Convert 3 days sick leave to vacation or Convert 3 days sick leave to one day vacation and two day's pay I day or less used (normal workday) Convert 2 days to vacation. 2 days or less used (normal workday) Convert 1 day to annual vacation. More than 2 days used (normal workday) No hours may be converted. 4. Employees who do not wish to convert unused sick leave may continue thc accrued ours in their sick leave account provided the Human Resources Department is advised of this choice in writing 5. Employee participation in the leave bank program will not impact their eligibility for the Attendance Incentive Program. G. Leave Bank I. Aa employee having u~d all his/her sick and vacation leave due to absence resulting from a serious illness, accident, or disability may receive sick and/or vacation donated on a voluntary basis by fellow employees in accordance with the following guidelines. 2. An employee must contribute at least eight (8) hours of accrued sick an~or vacation to participate in the leave bank program. Other eligibility criteria include being a Regular Full- lime or Part-time employee who has successfully completed their initial six month probationary period, hav~ng a current performance evaluation of meets standards or better, and a saHs£actory sick leave record 3. Every six (6) months, :he lluman Resources Director will review the leave bank balance and determine if suft'icient time is available If not, a notice ,,,,'ill be sent to all employees requiring further donations in order to continue their participation in the program. Normally, the donated time will be in four (4) or eight (8) hour blocks depending upon the prior utilization of the bank. 4. The Department Director, with the approval of the Division Administrator, may request the establishment of a leave bank account for an employee. This request must be submitted in writing to the Human Resources Director. The Human Resources Director shall present this request to the Employee Advisory Committee shall review the request in accordance with the eligibility criteria above, and recommend approval or denial· ~tno~ Ij£M BEC 1 5 1998 35 %. . 5. Use of leave bank time shall not exceed three (3) calendar months. Exceptions to thc above must be recommended by the Employee Advisory Committee and approved by the County Adrnir~strator or his Designee. ' :~'~ 6. Leave bank donations are ~uthorized by completing a Leave Bank Form signed and dated by . the employee. 7. As long as an employee is in pay status, the County will maintain its contribution to the health insurance pro~a~rn for the ernployee~ 8. Employee donations to the leave bank will not impact their eligibility for thc Attendance Incentive Program. A, RTICLE 20 A. In the event ora death to a member of an employee's immediate family, bereavement leave with pay shall be granted. This is a .separate leave account and is not charged against any other leave account. Bereavement leave shall not exceed three (3) days. For employees whose work week is over forty (40) hours, bereavement leave may be taken as one (1) 24-hour shift or three (3) eight-hour days depending upon the circumstances. B. For purposes ofthis policy, family is defined as: husband, wife, mother, father, mother.in-law, father-in.law, brother, sister, brother-in.law, sister-in-law, children, foster children, step-parents, step-children, grandchildren, grandparents, aunt, uncle, or a close relative living with the employee. C. Additional days, if requested, may be granted to an employee and charged against the employee's accrued vacation leave. Sick leave may not be used for bereavement. D. Each employee requesting and receiving paid bereavement leave may be required to furnish evidence of the name and relationship of the family member involved. Such evidence might include a physician's statement, death, certificate, newspaper report, etc. 37 ' ' '; "' / ARTICI,E 21 JURY DUTY AND COURT APPEARANCES It is the practice of the County to provide paid time off for jury duty and court appearances to facilitate our employee's availability to meet civic responsibilities. A. An employee who is called for jury duty on a regularly scheduled work day shall be granted jury duty pay, upon presentation of a summons or subpoena Any fee,; received for jury duty shall be returned to the County except for meals, travel, and lodging B. An employee who is subpoenaed as a witness on a regularly scheduled work day not involving the employee's per.~nal litigation shall be granted time off with pa),', and any witness fees awarded shall be returned to the County. C. An employee who appears in Court as a witness, plaintiff, or defendant due to personal litigation or criminal charges shall be required to use vacation for any' such absence from work. If vacation is not available, the employee may use leave without pay. The employee would not be eligible for reimbursement of any meals, lodging, or related travel expenses. D. An employee who is subpoenaed as a witness and/or appears in court as a result.of County business shall be granted time off with pa),', and an)' witness fees awarded, except for meals, travel, and lodging, shall be returned to the Count)'. E. Employees required to attend Court on their da),, off as a result of County business shall be paid for their time, and any witness fees awarded, except for meals, travel, and lodging, shall be returned to the County. F. Employees who attend Court for only a portion ora regularly scheduled work day are required to report to their supe~'isor and return to work after being excused or released by the Court in order to be eligible for jury duty pa)'. G. In the event a County holiday occurs during the period of the jury duty, the employee shall receive pay for the holiday and not jury duty pay. H. Jury duty shall not be counted as time worked in calculating overtime pay. ^RTICLF ~2 MILITARY LEAVE A. Reserve and National Guard Training A regular full-time employee who is a member of the United States Armed Forces, Reserves or the National Guard, and who is ordered to engage in annual field training shall, upon presentation of a copy of official orders, be granted leave with pay to the extent required by state statute. An employee may not use any accrued vacation or personal leave while receiving paid military leave Exceptions to the above may be approved by the Division Administrator. B. Recall to Active Military Duty Any regular full-time employee who is a member of an Armed Forces Reserve Unit or the National Guard, who is ordered to active duty will be granted a military leave of absence with pay for the first thirty (30) working days. Beyond this thirty ('30) day period, the County will supplement the military pay in an amount necessary to bring the total salaD', inclusive of the base military pay, to the level earned at the time the employee was called to active duty. for a period of ninety (90) days. The County will continue to maintain the employee in full benefits status for the time frame specified above C. Induction or Enlistment into Military Service Any regular full-time employee who enlists or is inducted into the armed services for active duty, shall be granted a military leave of absence without pay for the initial period of enlistment. All pay due the employee shall be paid at the time of the employce's separation from the County in accordance with applicable County policies. D. Reinstalement Upon discharge from active military serx, ice, an employee who wishes to return to County employment shall be reinstated in accordance with federal regulations applicable at the time of discharge. ARTICLE 23 PA RT-TIR, IE EI~IPLOYEES The County reserves the right to hire and/or utilize part-time and/or temporary employees, or volunteers to perform bargaining unit work. These individuals will be used primarily to cover overtime requirements, cover for vacation and sick leave, or to otherwise supplement the regular employee compliment. The County reserves the right to assign employees within thc Emergency Services Department to perform ba~'gainin8 unit work for the reasons stated above. Temporary and pan-time employees shall serve at thc will of the County. Temporary and pan-llme employees shall not be covered by any Article of' the contract unless the Article or Section specifically includes temporary or pan-time employees IIEALTii BENEFITS Section 24,1 Employees shall be eligible Io participate in the Collier County Group Benefit Plan subjecl Io the terms and conditions of the Plan as adopted by thc Boa,rd of Commissioners effective January I, 1997 ~ as may be amended by the Board of Commissioners from time to time. Employees shall aJso be subject to the same premium levels and payroll contribution requirements ss may be adopted by the Board of Commissioners for non-union employees. The County agrees that, if there is any change in any benefits, premium levels, or payroll contribution requirements, those changes will be applicable {o bargaining unit employees to the exlent they arc applicable {o other non-exempt employees of'the Counly. ARTICLE 25 LIFE INSURANCE The Employer shall provide group term life insurance protection for each Union member in an amount equal to the annual salary of the Union member. The Employer shall pay 100',4 of' the premium for this coverage. Terms and conditions of such coverage shall be governed by the insurance company issuing underwriting and coverage, There will be compliance with Florida Statute relative to death benefits. ARTICLE PENSION PLAN During the term of this Agreement, eligible employees shall continue to participate in the Florida Retirement System. The County will contribute as required by the provisions of the plan. The County agrees to continue to provide employees an option to participate in the National Association &Counties (NACO) or the International City and County Management Association (ICMA) Deferred Compensation plans as currently offered. If either of both are stopped or modified for all other County employees, the same change will affect the bargaining unit. Iran additional plan is offered to all other County employees, it will also be offered to the bargaining unit. ~RTI(~LE 2'/ tlEALTti AND SAFETY Section 27. ! The Employer agrees to provide reasonable standards of safety and health in the Fir~e Department in order to eliminate as much as possible: accidents, deaths, injuries, and illnesses the fire service ttealth and safety is a joint responsibility, therefore, employees must follow all safety standards. tclion 2.7.2 There shall be a joint safety and health committee composed of an equal number of Employer and Union representatives The Union representatives shall be selected by the Union. The roles and responsibilities of' this committee shall be reviewed and approved by the County's Risk Management Director. The Committee shall not have authority to engage in collective bargaining. The Employer shall furnish and thbreafler maintain at no cost to the employee dll respiratory apparatus, gloves, helmets, protective .clothing and other protective equipment, such · s personal alarm devices, and personal flotation devices, necessary to preserve and protect the safety and health of fire fighters. Section 274 All protective clothing and equipment shall meet the standard, whether existing or promulgated during the term of this agreement, that provides minimum standards, if standards exist, (otherwise the County can provide the equipment of its choice) of worker protection from lu'nong federal, state, provincial or voluntary consensus standards. The Employer shall provide all employees with training in the safety and health problems of the work environment and the use and proper maintenance of protective equipment, protective clothing, respiratory apparatus and all other protective devices. The Employer agrees to provide a continuing program of safety and health for ali employees to develop an ongoing safety awareness aptitude. In the event of the introduction of new technology or other changes in work processes, the employees affected shall be fully trained in all the health and safety aspects of the new procedure, work process or equipment. 44 , t .,, Only personnel who have been trained and certified by the manut"acturcr or applicable l:ederal Agency shall be pern~tted to perform maintenance and/or repairs on ~It"-contained breathing apparatus. The Employe~ will provide an Employee Assistance Program consistent with the program provided for all other County Emergency Services Personnel ARTICLE SALARIES The Salary schedule set out below shall for a part of, and be subject to all the provisions of this Agreement. ~ Minimum Hourly Ra~ Firefighter $8.935 Fire Lieutenant $9.85 Performance based merit pay may be offered to qualifying members of the bargaining unit consistent with the annual pay for performance program established by the County Administrator for ali County employees. Section 28,3 Qualifying members of the bargaining unit will be entitled to receive pay plan market adjustments based upon the annual wage and salary market survey conducted by the Human Resources Director and approved for implementation by the County Administrator. In the event that a notice of reopening is filed under Article 40 (Duration) of the contract for the contract years I999-2000, 2000-2001, or a ne,,,,' contract upon expiration of this Agreement on September 30, 2001; there will be no changes in wages nor will wages be paid during any such negotiations before either par~y makes a proposal on wages ADDENDUM TO ARTICLE 28 - SALARIES Firefighter: 8.935/hr, X I06 hts. biweekly X 26 pays $24,624.86 13.4025 X 6 hrs. biweekly X 26 pays $ 2.09079 Annual Salary $26,715.65 Contract Schedule: 112 hrs. biweekly -- 106 @ straight time, 6~ OT 8.935/hr. X 106 hrs. biweekly -- $947 11 947.11 X 26 pays = $24,624.86 8,935/hr, X 6 hts. ~ overtime rate = 580.4 ! 5 80.415 X 26 pays - $ 2.Q90,79 Total Annual Salad' $26,715.65 Current 8.935/hr. X 106 X 26 pays = $24,624.86 88 FID @ OT rate = $ 1.!79.42 Total Annual Salary = $25,804.28 Advantages increase minimum manning to 3/days 56 more days per year Avg. increase for current firefighters = S3.300/yr, ARTICLE 29 BASIC RATE OF PAY Basic rate of pay equaJs a~nnuaJ salary divided by 2912 hours. SlilFT EXCHANGE Section 30,1 The trsding of time between employees will be permitted in accordance with the following provisions: a) Employee's ~ exchange with each other within their rank and classification and ~'e limited to two shift exchanges within s thirty day period. Shift exch~ges for education/training may exceed this limitation if approved in advance by the Fire Chief or designee. b) All exchanges must be requested in writing on the Department shift exchange request form and approved or denied at thc sole discretion of the-Fire Chic£or designee. c) Employees are prohibited from paying another employee to work any portion of their shift. Only exchanges of time will be permitted. d) Shift exchange pay backs must be scheduled at the same time as an initial shift exchange or t otherwise follow the procedures of this Article. ~ e) No employee may be scheduled to be on duty as a result ora shift exchange for more than forty-eight (48) consecutive hours when assigned to the 24/48 schedule. Employees v.411 be responsible for all record keeping of proper exchanges as permitted by the Fair Labor Standards Act. g) Shift exchanges for employees reporting late for work will not be permitted. h) An employee that enters into a shift exchange that causes the employee to leave work early in order to meet the trade or duty obligation at another station shall ensure that the units are staffed without any overtime pay obligation to the County. i) Exchange request shall be submitted to the Department five calendar days in advance of the requested initial exchange. Except for the residual exchange provided in Section 30. I (h), a shift exchange must be fully approved and signed by all the following in order, and placed on the roster prior to thc substitution taking place. Exchange requests shall be submitted on thc Department form 5 calendar days in ~dvance ot'the requested exchange. STEPS FOR $1ONATtlRE$ AND APPROVAl,: 1. The employee wishing the shift exchange 2. The employee agreeing to the exchange. 3. The shift supervisor (currently the Lieutenant) for employee initiating shift exchange, 4. The shift supervisor (currently the Lieutenant) for employee agreeing to pay back shift exchange. 5, Last supervisor places shift exchange on roster. An employee scheduled to work a shift exchange is not eligible t'or an)' type of'paid leave, Section 30.3~ In thc event an employee scheduled to work for another does not report, lhe employee normally scheduled to work will be charged vacation leave or. if'vacation leave is exhausted, will have his/her sick leave charged, The Employer ,.'ill not be responsible for any monetary loss incurred by any employee due to the failure of an employee to pay back shift exchange time for any reason Employees owed shift exchanges mus[ get exchanges paid back prior to the promotion of' either employee involved in the shift exchange or forfeit Ihe return exchange. ARTICLE 31 POSTING OF SCIIEDULES ~:tion :~ !, I Employees w~ll be scheduled by management on an as-needed basis and will be advised of their schedule via a posted annual schedule and may be subject to change. ARTICI.E 32 WORKING OUT OF CLASSIFICATION An employee who is requested to perform work in a higher classification within the bargaining unit on a temporary basis of less than thirty consecutive calendar days shall do so with no increase in pay. Should thc temporary assignment be expected to exceed thirty consecutive calendar days, thc employee shall immediately receive up to 10% above his/her regular rate ofpay or thc base salary of thc acting position for all hours worked in the higher classification, Upon completion of thc temporary usignment, the employee's pay will return to the former rate. ARTICI,E ;3:3 UNIFORMS AND EQUIPMENT Section 3:3.1 The County will furnish all new full-time and part-time employees in job classifications Firefighter ~ Lieutenants as set forth below: Three (3) Uniform pants Three (:3) Uniform Shirts One (!) Badge One (1) Name Tag One (1) Bunker Gear Section The employees in the above classifications ,,,,'ill be provided replacement of uniforms as deemed necessary by the Fire Chief: To receive the uniform replacements, the old uniforms and jump suit must be turned in. Other equipment listed in Section 33.1 shall be replaced on an as-needed basis. Employees requesting equipment replacement may be required to exchange their old equipment in order to get it replaced, Equipment damaged due to negligence or loss shall be replaced at the employee's expense. Employees shall be permitted to purchase, at employee cost, additional uniforms as outlined in this Article of the type and style and from a supplier selected by the County, if the employee requires or desires uniforms in excess of those provided in this Article. Employees are required to wear these uniforms and report to work in a clean and neat appear~. The employee will be required to wear a white crew neck t-shirt, black shoes or boots, ~ci a black belt as a part of the issued uniform outlined in this Article. in addition, employee_~__ wearing low cut shoes will be required to wear solid dark blue or black socks. Employees must also report to work with a watch that contains a second counter and pens as required for paperwork. In exxrcmely cold weather employees will be permitted to supplement their uniforms with long underwear (white or dark blue) and sweat shirt tops (dark blue) worn either under their unit'orm shirt az needed. Employees agree to supply the equipment list~ in this Section at their own expense. No jewelry of.any type may be worn while on duty except for a wedding ring, wrist watch and/or medic alert bracelet No other jewelry will be permitted. Permitted jewelry shall be appropriate to the tasks which arc normal Nd customary for the employee's duties. The employer shall reimburse the employee for the loss of or damage to such permitted jewelry which occurs during the course and scope of employment subject to the reasonable and customary cost of its replacement or repair. In no case, however, shall the cost to repair or replace such permitted jewelry exceed $150 for a watch. Employees will maintain their hair in a clean and groomed condition. Female employees who choose to have long hair shall keep it pulled back so as to prevent it from falling into an employee's t'ace/eycs or touching their collar, Male hair must bc cut above shirt collar; sideburns are permitted not to exceed middle of. ear length Employees will bc clean shaven on duty. 'A mustache that docs not come between thc sealing surf'acc of' thc f'acc piece and thc face is permissible, When the employment relationship is terminated for whatever reason, the employee will be responsible for the return of all equipment furnished under this Article to the County. All equipment must be returned in good condition and all uniforms will be cleaned and pressed prior to receipt of the final County pay check. A RTICI, E 3,1 EDUCATIONAL DIFFERENTIAL Section 34. I The Employer will satisfy the current respective Florida Statute requirements and will remain consistent with future changes in the Florida Statutes. ARTICLE PARKING Se. cfion 35,1 The Employer w~ll continue the current practice of providing parking within defined p~r~ng spaces. No rn~nlena~.e, wa.shinl~ or waxing of vehicles shaJl occur on District properS/ regardless of whether or not ~n employee is on or offduty. ARTICLE 36 VACATION LEAVE Section 36.1 Eli_~bility AIl regular full-time and regular part-time employees shall be entitled to earn vacation leave, provided the time ha~ been ara:rued at the beginning of the pay period for the time taken. V~cation is ara:rued from the date of hire Nd is retroactive to the hire date upon successful completion of the probation~'y period. Under no circumstances shall temporary, contractual, emergency, or similar employees be entitled to vacation benefits. ~2 Accrual of Vilcation Leave Vacation leave for regular full-time and regular part-time employees hired after September 30, 1993 shall be accrued from the date of hire for each normally scheduled hour of work, based upon the following hourly rates: YEARS OF HOURLY BIWEEKLY ANNUAl.. NUMBER OF EMPLOYMENT ACCRUAL ACCRUAL AMOUNT DAYS !s'r - 4m year .0385 3.08 hours 80 hours I0 50. year .0577 4.62 hours 120 hours 15 Vacation leave for regular full-time and regular pan-time employees hired on or prior to September 30, 1993 shall be based upon the following hourly rates: YEARS OF HOURLY BIWEEKLY ANNUAL NUMBER OF EMPLOYMENT ACCRUAL ACCRUAL AMOUNT DAYS lyf year .0385 3.08 hours 80 hours 10 year .0577 4.62 hours 120 hours 15 57 ~ For regular part-lime cmployccs whose normal work wcck is twcnly (20) hours or more, the hourly accrual rate is Ihe same as for 40 hours per week employees. For example, a regular, part-time employee who is regularly ~heduled to work twenty or more hours per week would earn five (5) days vacation per year the first year of employment. For employees whose normal work week is over for~y (40) hours, the hourly accrual rate is the same gsa t'orty (40) hour employee Vacation leave shall accrue- while an employee is on vacation leave, paid sick leave (i.e. the employee is using accrued sick leave), jury duty, and paid military leave. Ali other leave, whether with or without pay, is excluded when determining vacation accrual. Section 36,,3,Maximum Vacation Accrual ttour,~ Vacation may be accrued to a maximum of six weeks (240 hours). Leave in excess of 240 hours will be automatically converted lo sick leave Vacation may be extended beyond 240 hours to 360 hours when determined to be in the best interest of the County and with the prior written approval of'the County Administrator. Approval lo extend beyond the 240 hour cap will be granted when. a) The County must have the service of that employee for a period of time that would preclude the use of vacation and cause the employee's accrued leave to exceed 240 hours. b) The employee is in "good standing" and was rated "meets standards" or better on their most recent performance appraisal. c) The employee agrees in vaiting to take annually at least 80 hours o£ vacation during any year in which the employee's vacation exceeds 240 hours Failure to do so will cause automatic conversion to sick leave Section 36.4 Usc of Vacation Vacation may be used for personal reasons not otherwise prohibited by the County. With the supervisor's approval, accrued vacation leave, will, if available, be used for uncovered portions of sick leave if all sick leave has been exhausted. Section 36,5 Illness DuHn~ Vacation An employee who becomes sick while on an approved vacation may be allowed to use accrued sick leave credits to cover the period of illness. Upon the employee's return to work, the supervisor may require a medical certificate documenting the illness. Section 36.6 Scheduling Usc of Yacation Employees shall select vacation dates for annunl leave before December 15 for thc following caJendar year. Vacation leave shall be awarded on a seniority basis. Thc County reserves the right to re~usc the requested dates an,J to assign vacations ba.~d on staffing requirenmnts, anticipated woridoa41, and current status at'operations a~d vacation opportunities for all bargaining unit employees. Any requests after December 15 will be granted on a first request/first granted basis. A more senior employee requesting vacation a~ter December 15, may not bump a less senior employee who has been selected for vacation. Section 36.7. Vacation Pay in Advice Vacation leave must be laken in minimums of twelve hour increments for twenty-four hour shift employees and twelve hour increments for twelve hour shift employees. Section 36.8 Vacation Caj~ Employees may accumulate vacation leave up to 240 hours. Each employee should carefully monitor his/her accrued hours and promptly notify the Fire Chief it' they begin to approach this limit. Section 36 9 Vacation pa_v U~[1 Termination Employees who resign, are laid off, or a'e otherwise separated or discharged from the ~ i County Service shall be entitled to be paid for any unused vacation balance earned. i~RTICL£ ~? SAVINGS CLAUSE Soction 37. I If any provision of this Agreement, or the application of such provision, should be rendered or declared invalid by any court action or by reason of any existing or subsequently enacted legislation, the remaining parts or portions of this Agreement shall remain in full force grid effect. The parties will meet as soon as possible to negotiate a mutually agreeable replacement provision. Unless directly in conflict with a Section of this Agreement, thc County's Human Resources Policies and Proc, edures, as amended from time to time, shall apply to employees covered by this Agreement. In the event ora direct conflict, this Agreement shall govern. ARTICLE ALCOIIOL AND DRUG TESTING Both thc County and thc Union recognize that drug and alcohol abuse is a growing problem among our n~tion's work force. The County and the Union also recognize the tremendous co~, both in terms of efficiency and in human suffering caused by needless work place ac, cidcnts Acknowledging thc necessity for action, the following Alcohol and Drug Testing program is hereby initiated. Section 38.2_ In the event a member ol' management has a reasonable suspicion to believe that an employee is under the influence ofdrugs or alcohol on duty, he/shc may require that the employee ~ubrnlt to an industry accepted breathalyzer test, blood test, urinalysis and/or other appropriate testing. Reasonable suspicion may be based upon a variety o£ Factors, including but not limited to ac~dent, absenteeism, injury, conduct, performance, physical signs such as impaired reactions or judgment, slurred or exaggerated speech or lack or' balance, as well as the smell or presence of alcohol or a controlled substance, or reports by other employees. Should the employee test positive to alcohol or drugs, the County will utilize a confirmatory process before taking further action. Such confirmatory process will utilize industry accepted testing procedures. In the event an appropriate management official as defined in Section 38.2 above requests that an employee submit to a breath, blood, urine ancFor other tests, and the employee refuses to submit to such test or tests, such refusal may result in disciplinary action, up to and including discharge In order to promote safety, health and security concerns, thc Fire Chief and/or designee may search lockers, vehicles and other County-owned or supplied area. The Fire Chief and/or his designee resawes the right, based on reasonable suspicion, to search employee owne41 vehicles, hand bags, lunch boxes, and other containers or personal effects including outer clothing. At no time will any employee's clothing be searched by or in the presence of a member of the opposite s~x. An employee's refusal to cooperate with or submit to a search may result in disciplinary action up to and including discharge. Ali employees who mus~ use a prescription drug that causes adverse side effects (drowsiness or impaired refiexes or reaclion time) shall inform their supervisor in writing that they · re Ltlcin8 such medication on the advice o£a physician. It is the employee's responsibility to aJso inform their supervisor of thc possible side etTects of the drug on performance and expe~ed duration or' use. The prescribing physician taus4 provide a statement that the employee can perform ,,q ot' the employee's normal job ~unctions, which will be provided to the employee's supervisor prior to starting work. Sec'lion 38,6 The cost of drug ~ alcohol screening tests required by the County will be paid by the County. The County retains the right to discipline up to and including discharge any employee who uses, possesses, dispenses, sells or buys illegal drugs or narcotics, whether on or off duty, or who uses or possesses alcohol while on duty, or who reports to work under the influence of illegal drugs or alcohol. The existence of an Employee Assistance Program does not affect the right of the County to impose discipline, up to and including termination, for violating this Article. Section 38.8 Any employee who is convicted, pleads guilty or no io conl¢/~'e (no contest) to any criminal drug statute violation, whether on or off duty, must notify the Director of Human Resources no later than five (5) days after such conviction. Failure to do so will be cause for appropriate disciplinary action, up to and including termination. Once the County receives such information, the County will make the appropriate determination as to what disciplinary action, if any, is to be taken. Section If the County decides to institute random drug testing in the District after the execution of this contract, it will negotiate the impact ofthis decision with the Union prior to implementation. 62 ~ARTICI,E 3.gf!,AST ARTICI,E} DURATION Section This Agreement will be in full force and effect as of the effective date of'ratification of this Agrc~azm by thc parties and shall remain in full force and effect until midnight the 30'" day of September, 2001. The partics will reopen lhe Agreement beginning in July, !c)99 and again in July, 2000 for thc express purpose of.jointly renegotiating wages. Further, each party ma), also reopen two (2) additional Articles during each of the reopening periods. °° ' FOR COLLIER COUNTY: ROBERT F. FERNANDEZ COLLIER COUN'fY ADMINISTRATOR FOR THE UNION: WITNESS: RAY LEMACKS, PRESIDENT Type or Print Name: PROFESSIONAl. FIREFIGI ITERS OF Ti IE EVERGLADES INTERNATIONAL ASSOCIATION OF FIKEFIGHTERS. WITNESS' LOCAL 3670 Type or Print Name. DATE: THIS AGREEMENT IS SUBJECT TO RATIFICATION BY THE BARGAINING UNIT AND THE COLLIER COUNTY BOARD OF COMMISSIONERS. ATTEST: BOARD OF COUNTY COMMISSIOI~KS DWIGHT E. BROCK OF COLL[EK COUNTY, FLORIDA BY: D~puty Clerk BAKBAKA B. BERRY, CHAIRMAN Approved as to legal form and sufficiency: cou. z ~.. comrr~ DEC, 15 1998 EXECUTIVE SUMMARY APPROVAL OF A ('ERTIFICATE OF Pt;Bt. lC CONVENIENCE AND NECESSITY FOR TtlE COLI.IER COUNTY ES1ERGENCY MEDICAL SERVICES DEPARTMENT OBJECTIVE To auain the Board of County Commissioners approval of the Certificate of Public C'on,.enience and Necessity for lhe Collier Counly Emer.uency Medical Services Department and aulhorize Ihe Chairman lo execute the same ('()N.~ID£1{,~TI¢)N: Put,man! Io Collier ('ountv Ordinance No g l.7~. ~he altached ccrlif]catc and accompan~in~ doct~ncnla~ion are [~r ~otlr re~t.~ '[h~ process is routif~e in nature and submitted annually FISCAl. IM t'A('T I'ur.;uant Io ('olher ('ountt ()rdinance No S 1-75. ;in annual renex~al fcc oI'S250 00 i~ to bt. paid Fund~ are a,,ailahle in Fund 1400l 14461(;-64')1]10 for this purpose and can he paid b,~-mterl'und tran,;fer O RO'O, TII M,.s, NA(; !';.~I I-:N'I' I,'~I I'A('T \one .RE(~;O.M.~II*L'~I)ATI()N Thal the Board or('ounl~ ('ommi~ioncr~ ('enifica~e of Public ('on~enicnce and Necessity for the ('oilier ('oun~s Emergency Medical 5er~ ices [~eparlmci~d authorize the Chairman to execule the ~ame .. _; ,.. ~ ..... Dale ~.. Diane B Fla~ef Emergency Se~'ices Department Al'PROVED BY ~'~' ' ' ~'.,~~ Dale Leo Ochs. ~r~Athflinistrator St, ppo~i~s Division, MEMORANDUM TO: Rocerl Fernandez Adm~n~slrator FROM: D~ane B Flagg Chief Emergency Serwces Department DATE: December 4 1998 REFt Cer'¢f, cate 3: Convenience and Necessity for Colher County Emergency MedIcal Serwces Department Per Collier County Ordinance Number 81-75. please accept lhe follow~ng information for renewal of th~s required cerbflcate 1. Colher Counly' Emergency Medical Serwces Department ~s operated by the Counb' s Board o: Cou~ly Commissioners tocaled at 3301 Eas', Tam,am~ Trad Budding F Na,")~es Flor~Ca 34I 12 2 Cofhe' Co~'./ Emergency rUled,cai Serwces Depar;men~ ¢ro.v~des serwce tc :he 2 032 sc.care redes encompassmg Colher County 3. Colher C2u~ty Emergency Medical Services Depar~mem has twenty.five (25) hcensed gat~en~ transport vehicles available Twenty-three (23) of lhese are ground transport vehicles One ¢~) ALS Engine 8, One (11 ~s a medevac hehcop~er E~nteenllS) of :he gro...and transport vehicles Onefl)ALS engine and the hehcop[er are staffed 24 hours a day seven days a week One (1) ground transport vehicle operates 12 hours a day seven days a week The rema~nmg grou,qd transport veh~ctes are ~n reserve fA:tachment A) 4 Colher Count;,, Emergency t,,4ed~¢al Serwces Department has one ma~n office and e~ghJeen (18) subsJahons located throughout Colher County al Ihe following locahons Headquarters 3301 E Tam,am, Tra,l Naples Florida Stahon#l 835 8"' AvenueSoulh Naples Florida Stahon #2 2375 Tower Drwe Naples. Florida Stahon#3 776 Vanderbdt Beach Rd Naples. Florida Stahon #4 1280 San Marco Rd Marco Island, Florida Stahon#5 4741 Golden GatePkwy Naples. Florida Station #6 & #7 112 South 1'r Street Immokalee, Florida Stahon #8 2065 P~ne R~dge Rd Naples. Flonda Station #9 11121 E Tam~am~ Trail Naples. Florida Station #10 7010 Immokalee Rd Naples. Flonda StaI~on #11 201 Buckner Avenue Everglades City. FI Stat~on#12 147561mmokalee Rd Naples Florida Stahon #14 7227 Isle of Capn Rd Naples. Florida"- ^c,,[~,~ ~[~. j Slat~on #15 8, 977 26"~ Avenue North Naples. Flor d,=l ,o. ,'~: C~ty #2 J' - J DEC 1 5 1998 Station #16 16325 Vanderbdt Drwe Bonda Sprmgs, Florida Stahon #17 4741 Golden Gate Pkwy Naples. Florrda Stahon #18 175 Isle of Capr~ Blvd Naples, FlorIda 5, Colher County Emergency Med,cal Serwces Department has been licensed and certified to prowde A~vanced bfe Support ambulance serwce ~n Colher County s~nce Aprd 6, 1981. 6. Three (3) Colher County residents to act as references. Robe~ D Lmrd 1756 Courtyard Way. 205-C Naples. FI 34112 M~ke Daws 6120 18'~ Avenue S W Naples FI 34102 Fay R Bdes 1588 Hmghts Court Marco Island. FI 1. Colher County Emergency Medical Serwces Department schedule of serwce fees (Attachment B) 8. Other ~nformat~on required by the Admm~strator (AJtachmenl C) 9. Renewal fee of $250 ~ By journal entry of an mtedund transfer from Fund 490-144510-649010 ~o Fund 490-~44510-36900 10, Colher County Emergency Medical Serwces Department flnanoal statement Avadable ~n Colher County's Fmance Department DBF/bb Attachments DEC Altachmenl COLLIER COUNTY EMERGENCY MEDICAL SERVICES DEPARTMENT PATIENT TRANSPORT VEHICLES UNIT# SERIAL NUMBER YEAR / MAKE I MODEL COLOR SCHEME 1 1FDKE30MXPHB45,134 1993 FORD E-350 WHITE/ORANGE STRIPE 2 1FV3GFBC2XH970418 1999 FREIGHTLINER-FLC0 WHITE/ORANGESTRIPE 3 1FV3GFBCTXH970415 1999 FREIGHTLINER-FLC0 WHITE/ORANGE STRIPE 4. 1FV3GFBC6SL611711 1995 FREIGHTLINER-FLC0 WHITE/ORANGE STRIPE 5. 1FV3GFBCSTL784972 1996 FREIGHTLtNER-FLC0 WHITE/ORANGE STRIPE 6. 1FV3GFBCXVIH899824 1997 FREIGHTLINER-FLC0 WHITE/ORANGESTRIPE 7. 1FV3GFBCgXH970416 1997 FREIGHTLINER-FLC0 WHITE/ORANGE STRIPE ~';':,"~ 8.1FV3GFBCXTL784973 1996 FREIGHTLINER-FLC0 WHITE/ORANGE STRIPE ~,~,,,,¢; g. 1FV3GFBCITL784974 1996 FREIGHTLINER-FLC0 WHITE/ORANGE STRIPE 10. 1FV3GFBO3TL784975 1996 FREIGHTLINER-FLC0 WHITE/ORANGE STRIPE ~:~,,,~,, 11.1FV3GFBCIWH899825 1997 FREIGHTLINER-FLC0 WHITE/ORANGE STRIPE 12. 1FDKE30M9PHB88653 1993 FREIGHTLINER-FLC0 WHITE/ORANGE STRIPE 14 1FV3GFBCSSL61~, ~6 1995 FREIGHTLINER-FLC0 WHITE/ORANGE STRIPE 15, iFV3GFBCOSL51~ 705 1995 FREIGHTLINER-FLC0 WH~TEIORANGE STRIPE 16, 1FV3GFBC3WH899826 1997 FREIGHTLINER-FLC0 WHITE/ORANGE STRIPE 1FV3GFBC3SL611701 1995 FREIGHTLINER-FLC0 WHITE/ORANGE STRIPE 18. 1FV3GFBC4SL611710 1995 FREIGHTLINER-FLC0 WHITE/ORANGE STRIPE 19. 1FV3GFBCgTL599989 1996 FREIGHTLINER-FLC0 WHITE/ORANGE STRIPE 20 1FV2GFBCST L,,=~=0 1996 FREIGHTLINER-FLS0 WHITE/ORANGE STRIPE 21 ~FV3GFBCSWH899827 1997 FREIGHTLINER-FLS0 WHITE/ORANGE STRIPE 22 IFV3GFBCSWH899828 1997 FREIGHTLINER-FLC0 WHITE/ORANGE STRIPE 23 1FVSGFBCSXH970414 ~999 FREIGHTLINER-FLC0 WHITE/ORANGE STRIPE 24 46J7B~85M1003595 1991 Federal E-1 ALS Engine Red 25 TadCN911ES 1992 Eurocopter AS 350 B2 WHITE/RED&BLUESTRIPE RESOLUTION APPROVING USER FEES FOR COLIJER COUNTY AMBULANCE SERVICES PURSUANT TO COLLIER COUNTY ORDINANCE NO. g6 - 38; ADOFT/NG BILLING AND COLLECTION PROCEDURE; PROVIDING ADJUSTMENTS AND WAIVERS; AND APPROVING HARDSHIP CASES AND PAYMENT PLANS WHEREAS, Cotltef CoJn~/Emergency Meclical Services (hereinafter sometimes referred ~o as 'EMS') provkfes a~nbulance services to the re$iden:l and ¥iSrtOrS of Coll/er Counby, and W~EREA, S. the Collier Ccunty EMS operating budget is funded exclusively thrmJ~h a~ val~em [axes acc use,' fees; an3 V/HER=AS, Collier Cour, r/ slaf~' analys,s of :he cost for ambutance services rec, u~res an aCjusLme-~t to 0he ~ser fees to ;3'operl'/dentify c[,~',ent coSLS cf services to the residents ar, c v, silcrs of Co/[~er Coanty; and WHER-AS, Ccllier Ccunt! Ordinance 96 - 36 provides Ohat i,'3e user fees far ambulance ser..;ces may be estab,qshed by Resotulfon of :he Board of County Con'm!ssioaers (tlereinafter sometimes referred lc as NOW, THEREFORE, BE IT RESOLVED aY THE EOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA thai: SECTION ONE: EMS USER FEES A. EMS AMEULANCE TRANSPORT BASE RATE B. EMS AMBULANCE TRANSPORT PER MILE S 5 - IN COUNTY TP-,ANSPORTS CAPPED AT 7 MILES - ACTUAL MILEAGE FOR OUT CF COUNTY INTERFAC[LITY TRANSPORTS C. SPECIAL EVENTS: - TWO (2) MEDICS/ONE VEHICLE (PER HOUR) $ 75 - ONE (1) MEDiC/NO VEHICLE (PER HOUR) $ 40 D. COPIES OF DOCUMENTS/PER PAGE $ 1 (EXCLUDING GOVERNMENTAt INTEREST O~ PAST CUE ACCOUNTS DEC 1 ~5 1998 ~Dec 04 lilB 12~:43p Boa,"'o /'1Inures l, Records 774-B408 SECTION TWO: BILLING AND COLLECTION PROCEDURE :, The following shall be the minimum guidelir, es fcr bi',lin~ and collection procedures for ambulance se~ice fees and charges: A. Irt[iai fees aqd charges for ambulance service(s) shall be assessed either pdor to or following the service provision, as se,vices dynamics reasonably permit. Unpaid fees and charges, subsequent to lime of service, shall be reflected in an ,. accounts receivable subsidiary ledger system to be maintained by the Revenue Services Department B. An initial bili for ambu;ance sen/ices shall be processeC in the following manner withi2 thirty (30) days after servlce is provided. 1. Tr~e Coun,',j w;ll send an initial bill to the set/ice recipient's or responsible par1'y's insurance carrier provided that appropriate insurance informabon is made a~,ailabie to the Revenue Services Depar, ment. The Revenue Services Department ,,viii accept Medicare .~. assignment, as a par, iclpating pcovider, and wi!l wa~t no less than 45 '.;~: days for payment if Medicare or other insurance carder is billed. If ,>:.:~;.,~ . the claim is denied, a bill ',,,'ill be sent to tl~e service recipient or : responsible party. ""' '" 2, The County will also send a b~ll lc Medicaid and accept assignment it' appropriate insurance information is made available to the Revenue ~:. Services Department by lhe service recipient or responsible party. The Revenue Services Department will wait no less than 60 days for payment if Medicaid is billed, ff the claim is denied, a bill will sent to t,le service rerJpient or responsible party. ~. In the event the sen'ice redpient or responsible party does nct have or does not provide proof of insurance co~;erage, the bill amblJlance service(s)shall be senl directly t° the ser";ce recipientl~'D"~i-;~ res2onsJble party tot payment. The Reve~',Je Services Dec~arlm~ The following will occur if payment has ncr ~een received within above set guidelines: a. A past du~ notice will be sent in accordance with the above provisions (45 days after billing third party or Medicare. 60 .:~,,t:,~..~.... days after bill,r,g Medicaid and 30 days after bi!ling responsible ~:,,~,.;:.. party or se~ice recipien:). ~,:2~ ~,,.~ . ~. Thi~ (~) days) aRer the fi~t past due noti~ is sent, a ~,~,~,,~; second past due ~t~ ~11 be senl. %~ ~ ~un~'s ~ntracted ~ll~ion agency. C. Interest will be assessed at 1% per month on all ac~unts that are :': either sent to the Count's ~ntracted ~l~ec~on agency ~ set up for : a payment plan (excluding hardships that adhere ',o County policy). D, A reasonable and cust~a~' 2aymenl plan will be made avaibble for :~ ;':' all se~ice recipients or resp2nsible pa~ies. Should the se~ice " recipient or responsible pa~ a~ any time fail to m~t the te~s and dentitions of the payment plan, the unpa,c balance shall be administered in accordance with ~i~ B.3 abcve. :~"~:' E. When ambulance se~ice bill(s), at any stage in th~s billi~ and collection p~ure, are relurn~ bemuse the Postal Se~ce * ?~;~':/ ~nnot effecluate deliver, lhe Revenue Se~ices ~pad~nt shall make a 'easonable effod to as~dain the ~rrect maili~ address. If reasonab;e effods ~o asceAain a ~ffec[ address fall. the a~unt(s) may be considered for oth~ ~llection alternatives. :.,;.: F. Nothing ~ntained in this section shall preclude reasonable :~: telephone or o~r appropriate ~ntact for billing a~ collect,on O. ~rough~ the fis~l year, the Revenue Se~ices Depa~nt shall review alt past d~ ac~unts and repeal to the Board of Coun~ ~mmissione~ o~ an annual basis, of all past due a~n[s w~ch / these past due a~un~ and after finding that diligent effo~s[~t coIleclion have proven unsuccessful, remove lhese past due accounts from acbve accounts receivable in accordance with ;,~ generally accepted accounting procedures and pursuant to law by - -, Resolution. SECTION THREE: ADJUSTMENT OF EMS USER FEES The following shall be minimum guidelines for acjustments ambulance service fees. Other adjustments are authorized by the Board of County Commissioners in accorcance with criteria established by the enabling Ordinance. A. IVied;care and Medicaid Adiustments .... Contractual adjustments under Medicare assignment will be mace in accorcance with applicable rules and regulations B. Vi_c~im'$ Com:)ensation .Contractual Adjustment~; Contractual adjJstments will be made in accordance with applicable rules and SECTION FOUR: WAIVER OF EMS USER FEE Pursuant to Ordinance No. 96 - 36, and from the effective date of this Resolution, user fees for EMS ambulance s:~nd-by sen'ices for the following community special events shall be waived as tie Board finds that a 'valid public purpose is hereby established :n recogq:t;cn of their charitable contributions to the CommJnity: (~) Collier Count/ Fair; (2) Everglades Seafood Festival; (3) Senicr PGA; and (4) Nuveen Masters; (5) Collier Ccx. Jnty Public SchooI varsity football games. Fees f'or other commjn:ty special events may be waived in accordaqce with criteria established by the enabling O,dinance. SECTION FIVE: HARDSHIP CASES AND PAYMENT PLANS The Bcard recognizes that certain service rerJpients may need to be identif'~ed and prccessed as hardship cases. Payment plans will be eslablished pursuant to the minimum guidelines set foc.,h in Ibis Resolution. A. Hardship cases will be' established in accordance with the State's Financial '!" hardshi2 guidelines, as used by HRS..Collier Ccx~nty B. Payment plans for hardship cases will be sol up on a monthly basis, witl a *cr~^ minimum payment of :$10.00 per month. Hardship cases, placed on a payment plan ~illj]E not accrue interest or be placed into collection. Notwithstanding Ihe foregoing, a ./' service, recioie, nt has a Davrn~.nt alan ~nrl rln~,~ nr~t m~'~ thc, ~t-h¢,cl,~l~ct n',w,'n~,nt¢ fnr ~ '"" period longer than two (2) months, the account will be turned over to the Counb"s contracted collection agency and interest will begin to accrue. . SECTION SIX: SUPERSESSION OF RESOLUTION 95-:$03 1998 Th~s Resolu~ion sh~ll supe~e Resotulion No. g0-303 SECTION SEVEN: ADOPTION AND EF~CTIVE DATE · : This Reso~t[on sh~l be~ effective on Oc~ber 1 1998 PASSED AND DULY ADOPTED by ~ Board of Coun~ Commissioners of Ccllier County, Flodda, ~ ~ . day cf ~, 1998. AWEST: · BOARD OF COUN~ ~MMISSIONERS DWIGHT E. BROCK, C~RK OF COLLIER COUP, FLORIDA Appr~ed as t~ form a~ legal suffidency: Coun~ A~omey DEC 1 5 1998 Attachment "C" MEMORANDUM TO: Robert Fernandez, County Administrator )M' Leo Ochs, Support Services Administrator DATE: December 4, 1998 RE: Certificate of Convenience and Necessity for Collier County Emergency Medical Services Department review of the application to renew this certificate for Colher County Emergency Medical Services Department. no further information ~s required at th~s t~me COLLIER COUNTY, FLORIDA Emergency Medical Services Permit # 1 This Permit Expires December31, 1999 Name of Service Collier Co.unty Emergency Medical Services Name of Owner or Manager Collier County Board of County Commissioners Principal Address of Service 3301 East Tamiami Trail Naples, Florida, 33962 Business Telephone (941) 774-8459 Emergency Telephone 9-1-1 Description of Services Area The 2,032 square mile encompassin.q Collier County Number of Ambulances on 24 hour duty: Eighteen (18) ,qround units. One (1) ALS En,qine & One (1) Helicopter Number of Ambulances on standby duty: Five (5) (Attached description of each ambulance to be used in above service, including make, model, year of manufacture, motor and chassis number, and any color scheme, insignia, name, monogram, or other distinguishing characteristics used to designate ambulances in this service. A color photograph may substitute for the description of distinguishing ~ allow the above named Ambulance r e a fee or charge for the following until the expiration date hereon, except that this permit may be revoked by the Board of County Commissioners of Collier County at any time the service named herein shall fail ~o comply with any local, state or federal laws or regulation applicable to the provision of Emergency Medical Services. Issued and approved this day of , 19 ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA Clerk Chairman AGENDA ~T[M., BEC 1 5 1998 Attachment "C" MEMORANDUM ,TO: Robert Fernandez, County Administrator FROM: Leo Ochs, Support Services Administrator DATE: October 23, 1997 RE: Certificate of Convenience and Necessity for Collier County Emergency Medical Services Department After review of the application to renew this certificate for Collier County Emergency Medical Services Department, no further informahon ,s required at th~s t~me TO: Mike Smykowski, Director Office of Budget and Management FROM: John A. Yonkosky, Direct Department of Revenue ~"} ,"'-'-~% ~..~.-~ DATE: December 11 1998 SUBJ: Budget Amendment Add-on to Board of County Cern'missioners Agenda December 15t" The County Utilities Billing Software is in the conversion process for the year 2000 compliance. The contractor is on schedule with the work plan, however, staff is unable to test the completed programs due to lack of space on the existing VAX 7610. A Microvax 3100 has been selected and recommended by the IT Department to provide ample database space for testing of the Y2K programs. Monies are available via a budget amendment to transfer funds from Other Operating Expenses to Capital to fund the Vax. Purchase of the microvax will provide the 'necessary' test database and allow staff to test programs during regular business hours as well as continue with live production. The utility billing year 2000 project is currently impeded due to the lack of a test database. Immediate approval of the budget amendment to allow purchase of the Microvax will allow staff to meet the Y2K work plan on schedule. MJT:pc F.Uohrl~M2Msmykcwski 8A adC~-on%Deceml~er 11, 1998 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE DECEMBER 15, 1998 FOR BOARD ACTION: 1. Satisfaction of Lien: NEED MOTION authorizing the Chairman to sign Satisfaction of Lien for Services of the Public Defender for Case Nos.: 9807262MMA, 9704990MMA, 9806114MMA, 9806787MMA 9604545MMA, 9803240MMA, 9805512MMA, 9708714MMA, 9807049MMA 971035MMA, 9804230MMA, 9709219MMA, 9802012MMA, 9804119MMA 9805704MMA, 9801234MMA, 9804317MMA. 9805181MMA, 9805661MMA 9805198MMA, 9802312MMA, 9804892MMA 9801935MMA, 9803547MMA 9804896MMA, 9804591MMA, 9802458MMA 9709019MMA, 9805187MMA 9805513MMA, 9805514MMA, 9804586MMA. 9807221MMA, 9609987MMA 9708478MMA, 9706703MMA, 9803351MMA. 9803517MMA, 9805438MMA 9806275MMA, 9802796MMA, 9803387MMA. 9803980MMA, 9709292MMA 9705479MMA, 9704273MMA, 9804924MMA. 9807120MMA, 9804675MMA 9804461MMA, 9710156MMA, 9800592MMA 9804660MMA, 9803709MMA 9803981MMA, 9709960MMA, 9710082MMA, 9807048MMA, 9710654MMA 9800417MMA, 9803411MMA. 9801865MMA, 9803854MMA, 9802594MMA 2. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: 3. Clerk of Courts: Submitted for public record, pursuant to Florida Statutes. Chapter 136.06(1), the disbursements for the Board of County Commissioners for the period' A. November 23 - 27, 1998 4. Minutes,: A.Emergency Medical Services Advisor}' Council minutes of September 30, 1998 meeting and agenda of October 28, 1998 B. Historical and Archaeological Preservation Board minutes of October 16, 1998 meeting No. [¢, DEC pg. EXECUTIVE SUMMARY OF A LEASE AGREEMENT BETWEEN COI.I.IER COUNTY AND Al.AN AND PATRICIA BOOLE Approval of a Lease Agreement between Collier County ("County") and Alan and Patricia ("Lessor") for office, work shop and parking area space locmed adjaccm to ~l~c Sheriffs Office ; Maintenance Garage facility on Arnold Avenue, Naples, Florida. CONSIDERATION: Tim Sheriffs Office has requested additional work shop. office and parking space for their expanded maintenance garage facility on Arnold Avenue. This space will be utilized for thc repair of Sheriff's Office vehicles. 'The Lease term is for Tiwcc (3) years with a provision to renew tl~c Lease tDr an additional Three (3) years. This Lease term rcflccts fl~c Lcasc tCml For thc existing Shcrifffs Maintcnancc and Fuclilm_ Facility presently located on Arnold Avenue. The County shall have thc riuht to terminate this kcasc by providinu thc Lessor ~- ," with One Hundred Eighty (180) day wrinen notice. The annual rent fi)r thc first year of thc Lease shall be y-Two Thousand Twenty Dollars (S22,020.00) with annual increases as follows: thc second year's rent shall increase by Six Hundred Sixty Dollars {5660.00) and ~l~e third year shall equal thc second's years rent plus Eight Hundred Forty Dollars (S840.00). These amounts reflect thc fair market value For similar rents within the Industrial Park accordin,, to the County's Review Appraiser. The Sheriffs Office shall be responsible for all costs assbciated with janitorial, electricity, pest control, water, sewer and telephone charges pertaining to thc Demised Premises. Ail other charges related lo the >peration and maintenance of the Demised Premises shall be the responsibility of the Lessor. 7he attached Lease Agreement was reviewed by thc Office of thc County Attorney, the Risk Managcmcnt Depaflmcnt and thc Sheriffs Office. ~;~j'::?';~(': FISCAL IMPACT: The annual rent of Twenty-Two Thousand Twenty Dollars (S22.020.00) and all costs associated with thc operation of thc Demised Premises shall be withdrawn from Funds budgeted in General Fund, Board Paid Sheriffs Expenditures (001-061010). None ~*' RECOMMENDATION: That the Board of County Commissioners approvc Alan and Patricia Boolc and authorize its Chairman to execute samc. " ~Michael H. Dowling, R~~% Specialist. Real Property Management Department ~st~l:,~inzel,,,Dircctor ~f Finan&~heriffs Office ~, '"< D'dn Hunter, Sl~riff, Collier County Lease f~ Tills LEASE AGREEMENT entered into tiffs d.',v of , 199~. Alan and Patricia Boole whose mailing address is 470--'--[.ag~on A~ 34105, hereinafter referred lo as "I.ESSOR", and COLI.IER COUNTY, a polllical subd~vislm~ the State of Florida. whose mailing address is 3301 East Tamiami Trail, Naples, Florida 3-;112, hereinafter referred as "LESSEE". WITNESSETtl In consideration o[, Ihc mulual covcnanls cotllaincd herein, and other valuab],: consideration, the partics agree as follows: ARTICLE I. Demised l'rcmisq.~. LESSOR hereby Icascs to LESSEE and LESS[[[:. hcrchy Icascs from LESSOR square ['cci of o[,ficc space; 3,360 squarc fcct o[, workshop space; four 14) dcsignatcd parkin.c spaces located in the fronl of thc building and thal area [,or vchiclc parking along Ibc ',vcstcm sldc of the building located al .'1573 Amokl Avenue, Naples, Florida, hereinafter referred lo a~ Ih,.' "Demised Premises. "and further depicted on Exhibit "A" which is attached and made a hereof, for lhe sole purpose ofopcraling a maintenance garage faciliLv for fi~c Sheri[,Fs OFfice. ARTICLE 2. ~..cnn o[, kcas~ LESSEE shall have and hold tile Demised I'remtses for a Ihree (3) .','ear ~erm commencing January I. 1999 and temfinating on [)ecemhcr 3 I. 2001. LESSEE is granted the option, provided it is not in dcfauk of an;' of Ibc terms of "Lease. to renew same [,or an addilional Three (3) .,.'ears. under the lem'~s and condhmns as provided herein, by gi,,'ing written nolice nf LESSEE'S intention to do so to the kESSOR not less than ninety I90) days prior to lhe expiration o[, the leasehold estate hereby created. Said ~otice period shall commence upon placement of the written notice in an official deposilorv of Uniled Sla~es Posl OFfice. Registered or Certified Mail. Postage Prepaid. ' LESSEE may terminate this Lease at any lime by provkling LESSOR ~¥ith one hundred eigl, y (180) days prior wri,en notice Io LESS~R at Ihe address set forth in this Lease. Said notie~ shall become effective upon the date in which the LESSEE either hand-delivers said notice to LESSOR or upon LESSEE'S placement of said notice in an o[,ficial deposho~, of the United States Post OFfice, Registered or Certified Mail, postage prepaid. ' ARTICLE 3. genl and Other Charees LESSEE hereby covenants and agrees to pay as base rent for the Demised Premises thc sum of Twenty. Two Thousand Twenty Dollars and No Cents (522.020.0(t) for the first xear of the Lease le~ to be paid in equal monthly inslallments of One Thousand Eight Hundred Five Dollars and O0 Cents ($1,835.00). Following lhe end of the first full year of tenancy, thc annual rental amount for the second year shall be Twenty-Two Thousand Six Hundred Eighty Dollars and O0 Cents (522.680.00). and for the Ihird year of the Lease. the rent shall be Tx~ en:y. Three Thousand Five ltundred Twenty Dollars and 0}~ Cents (523.520.o0~ all to be paid in equal monthly installmcnls. If LESSEE elecls to renew the Lease for an additional Three (3) years as provided for above following the first Three (3) years of the Lease ~e~. the annual rent shall be increased al an amount to be mulually aerecd upon, but noI at an amount to exceed Three (3) percent ~nnu~lly. LESSEE shall pa,.' all janitorial, electricity, pest COlltrc)l, ',valet. scv.'cr and tclcph;~r:c charges pertain ngt. the Demi'~ed Premises, Ail other charges related to, the c, pcraIion t>f thc Demised I rerulses shall be thc responsibility of tile [.ESSOR. All rental payments shall he due and pa'., able in advance oil lhc first day of every c,dcnd:~r month during the term hereof. If the terms of this Lease shall commence on a da.',' other th:in thc first day of tile montll, LESSEE shall pay rental equal lo one thirtielh {V3Oth) of the rental multiplied by the number of rental days of such fractional month, ARTICLE 4, ~1odifications to Demised Premises Prior to making any other changes, alterations, additions or improvcn~cnls to the Demised Premises. LESSEE ,,,,'ill provide to LESSOR all proposals and ph, ns for altcra:lon;, Jmprovcmenls. changes or additions to thc Dentised Premises for LESSOR'S v. rittcn ap?m'.:fi. specifying in writing the nature anti exlcnt of the desired alteration, in'iprovcmcnt, chan~e, or addition, along with the contemplated starling and completion time for such project. I.ESS()P. or its designee will fllen have thirly (3C}) days within ¥,'hich to approve or deny in ,.vrilmg said request for changes, improvements, alterations or additions. Said notice period shall commence upon placement of the ,.vritlcn notice in an official depositor)' of thc United States Post Regislcred or Cerlifictl Mai[. Poslagc l'rcpaid, LESSOR shall not unreasonahly '.,.ithhuld i:.'. consent lo required or appropriate altcrations, improvcnlcnls, changes or additions proposed LESSEE, If after sixty (fed days there has heen no response from LESSOR or its dusigm:c said proposals or plans, then stlch silence sllall be cleemcd as an approval to such reque.~; LESSEE. LESSEE covenants and agrees in connection v.'itb all.'.' main'~enance, rcpu~r ,,,..c,:;:. erection, construction, improvemenh addition or alteration of ;in:' authorized m()ch','~c,m additions or improvements to Iht Demised Premises, lo ohse~'c and comply v, ttl~ all H:cn · future applicable laws. ordinances, niles, regulations, and requirements of the United fi;ate; o:' America. State of Florida. County of Collie~. and an)' and all go'.'en:mental agencies All allerations, improvements, and additions to said Demised Premises inslalled bv LESSEE shall remain tile property of LESSL:E and prior to the termination of fl'tis l.ensc or renewal tem~ thereof, or within thirty (30) days thereafter, LESSEE shall promptly remove ti:'.' additions, mprovements, alterations, fixtures anti installations which ','.'ere placed in. on or upon the Demised Premises by LESSEE. and repair an.,,' damage occasioned to tile Denused Premises by such removal of said altcrntions, improvements, and additions. If LESSEE docs net rcmox c those ilems designated hy LIiSSOR, LESSOR ,may complete said removals and repairs LESSEE'S expense. ARTICLE 5. ^ssignmcui_and Sublcttinu~ LESSEE covenants and agrees not to assign this Lease or to sublet thc ',,,'hole or ar:}' pan or the Demised Premises. or tn permit an}' other persons to occupy same without tile wrincn consent of I.ESSOR, Anv such assignment or sublettine, even wilh the consent of I.ESS(}R. shall not relieve LESSF. E From liability for pa.vn;ent of rent or other sums }lcrcin pro'.'~dcd lion1 the obligation to keep and be bound by the totals, conditions anti covenants of this The acccplance of rent from any other person shall nol be deemed to be a waiver of anv of Ihs provisions of this Lease or to be a consent to the assignment of this I. case or subletl:n,~, nf Demised Premises However. LESSEE shall be permitted, without notice to I.ESSOR. lo the Demised Prenfises for an)' other Departrnent within the jurisdiction of tile LESSEE Demised Premises shall no longer be needed by the Department intended for this Lease. ARTICLE 6. Insurance Tile LESSEE will at all times cam,.' comprehensive general liability insurance to include ;bodily injury in an amount not less than the sum of One Million Dollars and 00'100 Cents $1,000.OOO.O0) single occvrrcncc. The cost of all such premiums on all such policies shall he . paid and borne by tile LESSEE insuring LESSOR and LESSEE against an.'.' liability arising out of the use. occupancy or maintenance of the Demised Premises, including loss of income. I'hc insurance policy or policies shall contain provisions prohibiting lhc modification or canccllati~, · ,.~,.;~.,,~ of insurance without at least thirty (30) days prior written notice to LESSOR, LESSEE slraIl dch%cr s;iJd pidlt, ies ~)r cetttficale~ Ihere.f Io I.l~.',X)t~, l, iort,) I.I:~EI:'~ oceLJpal~cy (d i)enli~cd l'remi~e~, and thereafter, renew:fl polieie~ ()r certificates ~hall be (Iclivcretl lc, not less [hun (hirly (~01 days prmr Io ex~[ralion, Thc limit oF:my such insurance shall no~ ' Ihe linbilily of I I~SS[:E hereunder. I.ESSEE may provide lifts insurance nndcr a hhmkc, t provided ~aid m~urancc sh;dl have n I.ESSOR'S protcctivc liability end(ffscmcnl :fltacl)cd lh;'~c', ~' ':. ARTICLE 7. MainL~anc~ ~ LESSEE shall, aC iI~ sole cosl and expense, keep tile Demised Premises clean al all If said Demised Premises are nol kepi clean in lho opinion of LESSOR. LESSEE'S manager ,: be so advised in wriling. If cn~ecfive action is nol Iaken wilhin Ihi~v. (30) days nF reccip~ such notice. LESSOR will cause the same lo be cleaned and c~mccled and I.tLSSI~;IL shall auuumc and pay ali necessary cleaning cosls and st~c'I~ cosls shall conshtutc addm()n;fl real which shall paid by LESSEE whhin thiny (3(I) days of receipt of writlcn nollce of cosls mcu~cd LESSOR, LESSEE shall oblain, al h~ expense, a se~'ice contract for mainlenance of anv and air conditioning syslem which semices ~he Demised Premises and said contract is to Ibc ~'a~anty requirements of said Syslcm. All damage or inju~ Io 1he Ofl~ce Demised Premises or the Common Areas caused by thc acl or negligence of I.ESSI~IC h employees, licenses, invilec~ or visilurs shall he promplly repaired hy I.ESSI(E al its s,lc and expense and Io Ihe satisfaction of LESSOR. LESSOR may make such repairs which arc promptly made by LESSEE and charge [.ESSEE for thc cosl l~ercof and I.ESSEE hereby ~.lo pay guch amounls on demand as Additional Real. LESSEE shall be responsible fi~r mowing of the grass anti maintenance of any lan(heaping Iocalcd in Ihe feonl of lhe huildmx along Arnold Avenue. ARTICLE 8. Defiuh by Les~ Failure of LESSEE In comply wi:h any provision or cn%cI1;lnl of fids l.ea~c conslilule a defaulI, and LESSOR may. nt h~ option, le~inale this Lease afl~r drily (jo) wrillen nol[cc lo LESSEE. unless Ihc default be cured ~ilhin IbC mmcc pcr~od h)r additional time as is reasonably required ~o co~ecl such defauhl. . ARTICLE 9. Default by Lessor LESSOR shall in no event be charged with defmll~ in the perfom~ance o~ any of obligations hereunder unless ami until IJ5SSOR shall have Lsiled to perfom~ such within lhifly (30) days (or such additional time as is reasonably required to co~ec~ s ch aRer notice to LESSOR by LESSEE properly specifvin~ wherein LESSOR has failed to any such obligations, ARTICLE I0. Noti~ Any notice which LESSOR or LESSEE may be required Io give io [he other pan:,' s,,,.,~ be in writing 1o the od~er pafly at the following addresses: LESSEE: LESSOR: Board of C'ounly Commissioners Alan Boole and Pamcia cio Real Properly Mgmh Dept. aTO Lagoon Avenue 3301 Tamiami Trail Easl Naples, Florida 3al O~ AdminislraIion Building Naples, Florida 34112 Sheriffs Office. Adminislrative Assistant ~RTICLE I I. Su~cndcr of Prcmise~ covenants and agrees to del{vet up and su~ender ~o LESSOR possession of Premises upon expiration oe th~s Lease, or i~s earlier te~nafion as herein provided,~ 1 and repair as the same shall be at the commencement of the tem~ of this l_~se ~r may have been pul by LESSOR or LESSEE during the continuance thereof, ordinal' wear tear and damage by fire or the elements excepted. ' LESSEE expressly agrees for itself, ils successor and assigns, to refrain from any u~c of Prcmiscs which would inlerfcrc wilh or advcrscly nffcct thc opcrafion or maimcnan:c 'ofLESSOR'S standard opctalions where olhcr opcrnlions shnrc common facililies ~ L~SEE covenantg nmi agrccs not to usc. occupy, suffer or pcrmil said l)cn'scd Prcm:~cs thereof to be used or occupicd for any pu~ose contras' to law or the rules or mblic authority. ARTICLE 13. ~s Arisin~unkL~SS~E'S Usc of I'rc'mis~ To Ibc extent pe~itled by law. I.ESSEE shall mdcnmify ami hold LESSOR ham~lcss and from any and all claims arising from LESSEE'S use of the Premises. or from thc conduc~ its business, or from any actMty, or work done. pcmfittcd or suffered in or aboul Ibc Demised Premises, or the Office Building. and LESSEE shall further indemnify and hold kESSOR hamless against and from any and all claims arising from any default in the perfo~ance of thc Lease resulling from any acl or negligence of LESSEE. ils officers, agents, employees. invilces. If any action or proceeding is brought against LESSOR by reason of such cia:re. LESSEE. upon notice from I.ESSOR. shall defend thc same at LI?SSEE'S expense by cmmscl assume all risk of damage to property Y salisfnclo~' Io LESSOR. LESSEE inju~ lo persons in. upon or ahoul the Demised Premises from any cause olhcr than I.ESS(3R'S negligence or willfld misconduct and LESSEE ~crchy waives all el,rims in respect H~crcof against LESSOR. LESSEE shall give prompl notice to LESSOR in case of ca~u;dlv nr accidc:::~ ; in or about the Demised Premises. ARTICLE 14. ~on Ga~ In compliance with Section 404.056. Florida Statutes. all paroles arc hereby made a',~ arc ,,f following: ' Radon is a nalurally occuming radioactive gas lhal. ~vhcll it has accumulated in a huilthnu quantities, may present health risks to persons who arc exposed to it over lime l,cvcls of radon Ihat exceed federal and state guidelines have been found in buildings in Fl.nd,~ infom~atiun regarding radon and radon testing may bc obtained from Collier Cm:n:v Public ttealth Dcpamncnt. ARTICLE I 5. Effective ' ~ ~This Lease Agreement shall become effective upon execution by both LESSOR and I.[:SSEE ARTICLE 16. This l,ease Agreement shall he governed and construed in accordance wilh thc laws of thc Stale of Florida. WI [EREOF. the parties hereto have hereunder set forth their hands and TO X,n LnSSnn: DATED: BOARD O[: COUNTY COMMISSIONIJ?S. ~;~i~"¢ ':" COLLIER COUNTY. FLORIDA DWIOIIT E. BROCK. Clerk . Depmy Clerk BARBA~ B. BERRY. Chamn~n AS TO THE LESSORS: DATED; :~ i WITNESSES AS TO BOTII PARTIES: WITNESS (signature) ALAN BOOLE Print Name WITNESS (signature) PATKICIA BOOLE Print Name Approved as to form and legal sufficiency: -'-[ Heidi F. Ashlon .?,?~ Assistant County Attorney EXECUTIVE SUMMA R Y RECOMMENDAITON TIIAT TItE BOARD OI" COUNTY COMMISSIONERS APPROVE BUDGET AMENDMENT IN TIlE AMOUNT OF $17,580 TO COVER THE INCREASE IN TIlE FY- 99 T~ INCREMENT PAYMENT TO TIlE NAPLES COMMUNITY REDEVELOPMENT AGENCE OBJECTIVE: That tile Board of County Commissioners, Ex-Officio tile Governing Board of Collier County, Florida, approve a budget amendment in the amount of $17,580 to cover the increase in the FY-99 payment to the Naples Community Redevelopment Agency. The payment occurs pursuant to F.S. 163.387 and City Ordinance No. 94-7205, adopted on June 1, 1994, by the City of Naples. CONSIDERATIONS: City Ordinance No. 94-7205 established and provided funding for a redevelopment trust fund pursuant to F.S. 163,387, with the purpose of financing community development within the Naples Community Redevelopment Area. The tax increment payment to the Naples Community Redevelopment Agency is calculated by multiplying ninety-five percent (95%) of thc excess assessed value of the redevelopment area over the 1993 base assessed value by the County's millage rate. The budget forecast for FY-99 was based on an estimated assessed value. Due to improvements to real estate within the Naples Community Redevelopment Area, assessed values outpaced estimates, resulting in an increase in the payment to Naples Redevelopment Agency. FISCAL IMPACT: A budget amendment transferring funds in the amount of Sl7,580 from reserve for contingencies (001-919010-991000) to remittances to other municipalit/es (001-013010-881300) will need to be approved. GROWTII MANAGEMENT IMPACT: None. RECOMMENDATIONS: Thc Clerk of tile Circuit Court's Finance anti Accountinu staff recommends that the Board of County Commissioners, Ex-Officio the Governinu Board of Collier ~ounty, Florida, approve the attached S17,580 budget amendment to increase the budeet for the tax increment payment to Naples Community Redevelopment Agency in accordance with F.S. 163.387 and City Ordinance No. 94-7205. Prepared By: ' Date: ~crek John's;n, CPA General Accounting Manager Approved By: ~~~ Date: Director of Finance and Accounting EXECUTIVE SUMMARY Request by thc Collier County Industrial Development Authoritv for approval of a resolution authorizing the Authority to issue revenue bonds to be used to finance educational facilities for Seacrest School. OBJECTIVE: , To accomplish the necessary approvals to authorize a proposed revenue bond issue by the Collier County Industrial Development Authority to be used to finance educational facilities for the Seacrest School. ,CONSIDERATIONS: The Industrial Development Authority has been requested by Seacrest School to issue its bonds to finance certain educational facilities. The facilities include the construction and equipping ora Resource Center, which will house a library, classrooms, computer lab, interactive computer studio and offices. The Authority met on November 30, 1998 and heard presentations from Seacrest School officials. The meeting was noticed by publication in the Naples Daily News, and any comments of members of the public were considered. At the conclusion of the public hearing, the Authority determined to proceed with the financing, v,'hich involves thc issuance of a single Bond to Nationsbank, N.A., secured by a mortgage and a pledge of school revenues. Federal tax law requires two approvals for the issuance of the bonds. First. the Authority must hold a public hearing, and must adopt a resolution in favor of issuing the bonds. This was done at the conclusion of its public hearing on November 30. 1998. Following this approval, the governing body of the jurisdiction must also approve the bond issue. This does not have to be a specially advertised hearing, but must be done at a regularly noticed and held meeting. A Resolution for thc Board to adopt is attached. As are all revenue bonds of this type, these bonds are based on revenues of the project and are not obligations of the County, therefore there is no pledge of any taxes, nor a pledge of any revenues except the revenues of the Borrower. Neither the County, the Board, nor any officer ofthe County is liable for their payment. Further, the Resolution expressly provides that this approval by the Board does not abrogate any County regulations, including land use regulations. FISCAL IMPACT: This program does not require any contribution from the Board of County Commissioners or any other County agency. _ AGENDA ITEM. MANAGEM'ENT IMPACT' The adoption of the attached resolution ,.'.'ill have no adverse growth management consequences. The facilities arc bcint~ constructed in accordance with all County grov,'th management regulations, and are subject to thc~LDC, thc Growth Management concurrency requirements, and the payment of impact fees. : RECOMMENDATION: " The Board of County Commissioners adopt the attached Resolution. f....-Prepared by: Donald A PmXk-~,l~rth, Counsel ier County Industrial Development Authority )roved by: ISavid C. Weigel, Coun'ty AGENDA ITEM, RESOLUTION NO. 98- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA APPROVING THE ISSUANCE OF AN INDUSTRIAL REVENUE BOND IN AN AMOUNT NOT TO EXCEED S2,200,000 BY THE COLLIER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY WHEREAS, on November 30, 1998 a public hearing ,,,,'as held by the Collier Count>' Industrial Development Authority (the "Authority") with regard to the issuance of the Authority's Variable Rate Industrial Revenue Bond, Series 1998 (Seacrcst School, Inc. Project) in an aggregate principal amount not to exceed .5,2,200,000 (the "Bond"): and WHEREAS, the proceeds of the Bond will be used by the Authority to make a loan to Seacrest School, Inc. (the "School") to finance and refinance acquisition, construction and equipping of educational facilities for the School's private school facilities located at 7100 Davis Boulevard, Naples, Florida and paying the costs of issuance of the Bond (alt of the proper'ty financed or refinanced with proceeds of the Bond ',','ill be ov,'ned and operated bv the School); and ',A,q.-tEREAS, the Bond will not be an obligation of the County,. and will be payable from funds of the School; and WI-IEREAS, pursuant to the requirements of the Internal Revenue code of 1986, as amended (the "Code"), as a prerequisite to the issuance of the Bond it is necessau, that the Board of County Commissioners of Collier County approve the issuance thereof after said public hearing; and WHEREAS, the Board of County Commissioners desires to evidence its approval of thc issuance of the Bond solely to satisfy the requirements of the Code. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNT's' COMMISSIONERS OF COLLIER COUNT~F THAT: '~ Section 1. The Board of County Commissioners hereby approves the issuance of thc Bond solely for purposes of Section 147(0 ofthe Code. Section 2. The Bond shall not constitute a debt, liability or obligation of Collier Count.,,', '~' its Board of County Commissioners, officers, agents or employees, or the State of Florida or any political subdivision thereof, but shall be payable solely from the revenues >rovided therefore, and neither the faith and credit nor any taxing power of Collier County, or :he S[~k<~ 15'/[,~r " any political subdivision thereof is pledged to the payment ofthe principal of, p[,~. mm, ~r anF. . and interest on the Bond. No member of the Board of Count.,,' Commissioners of Collier County or any officer, agent, or employee thereof shall be liable personally on the Bond by reason of its issuance. Section 3. This approval shall in no way be deemed to abrogate any regulations of ~'~ Collier County, and the Project contemplated by this Resolution shall be subject to all such i t?regulations, including, but not limited to, the Collier County Growth Management Plan, all concu=ency requirements contained therein, and the Collier County Land Development Code. Section 4. If any section, paragraph, clause or provision of this Resolution shall be held .. to be invalid or ineffective for any reason, the remainder of this Resolution shall continue in full ....... :, force ~d effect, it being expressly hereby found and declared that thc remainder of this Resolution would have been adopted despite the invalidity or ineffectiveness of such section, para~aph, clause or provision. Section 5. This Resolution shall take effect immediately upon its adoption. .. :'" PASSED and Adopted this dayofDecember, 1998. ..;:,,,:~<~. . ATTEST: COLLIER COUNTY, FLORIDA BY .,. Dwight E. Brock, Clerk ITS BOA~ OF COL%'TY '~"' ", COMMISSIONERS ..... ~ By:. .. Deputy Clerk Barbara B. Be~.', Chairman [SEAL] Approved as to fo~ and legal sufficiency: ~,~ David C. Weigel, ~nty ~omey AGENDA IT[M, ".. EXECUTIVE SUMMARY Request by the Housing Finance Authority of Collier County for, agproval of resolutions authorizing the Authority to issue multi- family housing revenue bonds to be used to finance qualifying apartment projects. .OBJECTIVE: To accomplish the necessary approvals to authorize proposed multi-family revenue bond issues by the Housing Finance Authority to be utilized for financing qualified apartment projects. CONSIDERATIONS: The Housing Finance Authority has considered requests by several developers of low income rental housing to issue its bonds to finance qualifying apartment projects. A summary of each of these projects is attached. All these projects are consistent with the Growth Management Plan and are properly zoned. No county land -~ use approvals are necessary except for site plan and building permit approvals. Federal tax law requires two approvals for the issuance of the bonds. First, the Authority must hold a public hearing and must adopt a resolution in favor of issuing the bonds. This hearing was held on December 3, 1998, and the Authority adopted resolutions :~' 'approving the issuance of the Bonds, copies of which are attached The second requirement is that the governing body of the jurisdiction must also approve the bond issue. This does not have to be a specially advertised hearing, but must be done at a regularly noticed and held meeting. Resolutions for each project for the Board to adopt are attached The approval of these projects does not mean ~hat they will receive financing and actually be built. Under the rules for administering the state volume cap (which' regulates the amount of tax-exempt private activity bonds that may be issued), Collier y will receive a limited allocation for 1999. The Authority · 'is attempting to work out an agreement with th( otherAGENHFA'~qDA ITEM C' 'MyFd~'docume. l HOFA Multt~'~e~'l~eouml2-4.9l ~ N O. DEC 1 5 1998 Pg. ii Southwest Florida whereby we will receive an altocaticn cf million. In order to receive the allocation which is made on y 4, 1999, we must have these projects approved and ready for ~submission on that date. While only one project will recelve an -allocation, the Authority will submit all three, since additional allocation from the State may become available in late 1999. As are all ~-~ .-v_nu_ bonds of this type, these bonds are based "iOn revenues of the project and are not obligations of the County, :.therefore there is no pledge of any taxes, nor a pledge of any revenues except the revenues of the project;. Neither the County, Board, nor any officer of the County is liable for their payment. Further, the resolutions expressly provide that this 1 by the Board does not abrogate any County regulations, including land use regulations. FISCAL IMPACT: This program does not require any contribution from the Board of County Commissioners or any other County agency GROWTH MANAGEMENT IMPACT: The adoption of the at~ached resolutions ~ will assist in providing affordable housing in Collier County RECOMMENDATION: That ~he Board of County Commissioners adopt the at~ached resolutlons. We would request that the motion be worded as "motion ~o approve the issuance of Collier County Housing Finance Authority i:Multifamily Housing Revenue bonds for the following projects: Saddlebrook II, Whistler's Green, and Wild Pines and authorize the ~i~ / chairman to execute a resolution of approval for each project." d _b Pr re y Donald A. Pickworth, Counsel Housing Finance Authority of Collier County by: David C. Weigel, >unty Attorney -,~; AGENDA ITEM - DEC 1 5 1998 Project Su~ry The Housing Finance Authority of Collier County (the ~"Authority") has received requests for the issuance of the Authority's Muttifamily Housing Revenue Bonds to be used to finance the acquisition and construction of any or all of the following projects: 1. Name of Project: Saddlebrook Village Phase II Initial Owner: CEI Saddlebrook II Ltd Financing Requested: $8,000,000 Number of units: 298 Size of Site: 20.00 Acres ,~.~:. Loca'ion: North side of Davis Blvd. (SR 84), at ~'. intersection of Radio Road. 2. Name of Project: Whistler's Green A~artments initial Owner: Whistler's Green, Ltd Financing Requested: $8,000,000 Number of units: 168 Size of Site: 16.56 acres ?i[~ Location: South side of Green Blvd, immediately west of intersection of Sunshine Blvd. -':~:'3. Name of Project: Wild Pines Apartments Initial Owner: Nicholson Limited Partnership Financing Requested: $3,900,000 Number of Units: 104 Size of Site: 4 7acres Location: 2745 Wild Pines Lane, (Keller Way) Naples, FL 34112 AGENDA ITEM pg. RESOLUTION 98- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, APPROVING THE ISSUANCE OF NOT EXCEEDING ~ $8,000,000 HOUSING FINANCE AUTHORITY OF COLLIER COUNTY MULTI- FAMILY HOUSING REVENUE BONDS, SERIES 1999 (SA_DDLEBROOK VILLAGE PHASE II) PURSUANT TO CHAPTER 159, PART IV, FLORIDA STATUTES, AS AMENDED. BE IT RESOLVED BY THE BOAR/) OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: Section 1. Recitals. It is hereby found, ascertained, determined declared that: ~',,~:'~, ,i:i~ A. The Housing Finance Authority of Collier Cou~nty (the "Issuer") ~. is a public corporation of the State of Florida, was duly created by Ordinance No. 80-66 of the Board of County Commissioners of Collier County, Florida, and is a body corporate and politic duly created and existing as a local governmental body and a public instrumentality for the Purpose of assisting qualifying housing projects situated in Collier CoUnty, Florida (the "County"), under and by virtue of Chapter 159, Part [ IV, Florida Statutes (the "Act") to provide for the issuance of and to issue and sell its obligations for lawful purposes under the Act. B. The Issuer has submitted to the Board of County Commissioners .~ a copy of its Resolution (the "Re ' ", solution ) attached hereto as Exhibit A, with respect to the issuance by it of not to exceed $8,000,000 Housing Finance Authority of Collier County Multi-Family Revenue Bonds, Series 1999 (Saddiebrook Village Phase II) (the "Bonds"). · C. A public hearing was held on the Resolution on December which public hearing was dulv condumted b the er '~. f~]i~::~:~?reasonable public notice, copies of said notice be~na attached to ~he !:~:!.~.~.~::,~ii:':~sozutzcn, a.,d at such hearing interested individuals were afforded the :!{~iiiii ~{i~ .opportunity to express thezr views, both orally and in writing, on all ~ pertaining to the location and nature of the proposed project and ' tO the issuance of the Bonds. D. The Issuer has recommended and requested that the Board of COUntyCommissioners approve the issuance of the Bonds so that the ~ on the Bonds will be exempt from federal income taxation under applicable provisions of Section 147(a) of the Internal Revenue Code of 1986, as amended. E. The Resolution shows that the Issuer has acted in accordance 'With all applicable requirements of law, and that the issuance of the will serve significant public purposes as provided in the Act. AGENDA ITEM F. The purpose of the Act will be effectively s~rve~, and it, necessary and desirable and in the best interest of the County that the of the Bonds be approved by the Board of County Commissioners. G. The Bond shall not constitute a debt, liability or obligation of Collier County, its Board of County Commissioners, officers, agents or employees, or the State of Florida or any political subdivision thereof but shall be payable solely from the revenues provided therefore, and neither the faith and credit nor any taxing power of lier County, or the State of Florida or any political subdivision thereof is pledged to the payment of the principal of, premium, if any, ~and interest on the Bond. No member of the Board of County Commissioners of Collier County or any officer, agent, or employee thereof shall be liable personally on the Bond by reason of its issuance. Section 2. Approval of Issuance of the Bonds. The issuance of the Bonds as contemplated by the Resolution is hereby approved, however this .approval shall in no way be deemed to abrogate any regulations of the ~.'County and the project contemplated by this resolution shall be subject to all such regulations, including, but not limited to, the County's Growth Management Plan, all concurrency requirements contained therein, and the Collier County Land Development Code. Section 3. Repealing Clause. All resolutions or orders and parts thereof in conflict herewith, to the extent of such conflict are hereby superseded and repealed. ' Section 4. Effective Date. This Resolution shall take effect immediately upon its adoption. PASSED AND ~OPTED THIS day of December, (SEAL) ATTEST: Dwight E. Brock, Clerk COLLIER COiA~TY, FLORIDA Deputy Clerk Barbara B. Berry, Chairman Board of County Commissioners of Collier County Florida Approved as to form and legal sufficiency: AGENDA ITEM Weig NO. ounty Attorney 5 c 15 EXHIBIT A RESOLUTION REGARDING THE OFFICIAL ACTION OF THE HOUSING FINANCE AUTHORITY OF COLLIER COUNTY, FLORIDA, RELATIVE TO ~ THE ISSUANCE OF NOT TO EXCEED $8,000,000 MULTIFAMILY HOUSING REVE~UE BONDS FOR THE PURPOSE OF ACQUIRING, CONSTRUCTING AND EQUIPPING MULTI FAMILY RES I DENTIAL HOUSING FACILITIES FOR PERSONS OR FAMILIES OF LOW, MIDDLE OR MODEP3%TE INCOME; ~%ND FURTHER AUTHORIZING THE EXECUTION AND DELIVERY OF AN AGREEMENT BY ~uN~D BETWEEN THE AUTHORITY AND CEI SADDLEBROOK II,LTD.; PROVIDING AN EFFECTIVE DATE. WHEREAS, CEI Sadd!ebook II Ltd. (the "Company") has applied to Housing Finance Authority of Collier County, Florida (the ~"':'~"Authority"), to (i) issue its multifamiiy housing revenue bonds in a principal amount not to exceed $8,000,000 (the "Bonds") for the purpose of financing the acquisition, construction, equipping and development of mu!tifamily residential housing facilities for persons or families of low, middle or moderate income to be located in Collier County (the "Project"), and (ii) to toar, the proceeds cf the Bonds to the Company pursuant tc Chapter 159, Par~ IV, Florida i~..'i"'Statutes or such other provision or provisions cf Florida law as the Authority may determine advisable (the "Act"); and W~HEREAS, a determination by the Authority to issue the Bonds under the Act, if so requested by the Company, in one or more issues or series not exceeding an aggregate principal amount of $8,000,000 and to loan the proceeds thereof available tc finance the Project under a loan agreement or other financing agreemen~ which will provide that payments thereunder be at least sufficient to pay the principal of and interest and redemption premium, if any, on such Bonds and such other costs in connection therewith as may be incurred by the Authority, will assist the Company and promote the purposes provided in the Act; and WHEREAS, the Company has entered into the Preliminary Agreemen~ of even date herewith relating to the issuance of the ; and :/ WHEREAS, the Authority held a public hearing on the proposed ~ssuance of the Bonds for the purposes herein stat~ on the date 1 5 1998 hereof, which public hearing was conducted in a manner that )rovided a reasonable opportunity for persons with differing views to be heard, both orally and in writing, on both the issuance of ~such Bonds and the location and nature of the portion of the Project to be financed with the proceeds therefrom. WHEREAS, it is intended that this Resolution shall constitute official action toward the issuance of the Bonds within the meaning of the applicable United States Treasury Regulations. IT IS, THEREFORE, DETERMINED AND RESOLVED BY THE HOUSING FINANCE AUTHORITY OF COLLIER COUNTY, FLORIDA, THAT: 1. Approval of the Project. The acquisition, construction, equippin~ and development of the Project and the financinc the~eo~ by the Authority through the issuance of the Bonds, pursuant to the Act, will promote the health and welfare of the citizens cf Colt~~_~ County and will thereby serve the public purposes of the Act. 2. Execution and Delivery of Preliminary Agreement. The Chairman or Vice-Chairman of the Authority hereby are authorized and directed to execute, for and on behalf of the Authority, the Preliminary Acreement o{ even date herewith between the Authority and the Company providing understandings relative to the propcsed issuance of the Bonds by the Authority to finance the Project in an acgregate_ principal amount not to exceed the lesser of (a) S8,000,000, or (b) the cost of the Project, as determined by the Authority. 3. Authorization of the Bonds. There is hereby authorized tO be issued and the Authority hereby determines to issue the Bonds, if so requested by the Company and subject to the conditions set forth in the Preliminary Agreement of even date herewith, in one or more issues or series in an aggregate principal amount not tO exceed $8,000,000 for the purpose of financing the Project in such Preliminary Agreement. The Bonds shall be gnated "Housing Finance Authority of Collier County Multifamity Housing Revenue Bonds Series 1999 (Saddlebrook Village Phase II)" or such similar designation as the Authority may deem advisable. The rate of interest payable on the Bonds shall not exceed the rate permitted by law. 4. Reconunendation for Approval to Boar Commissioners. The Authority hereby recommends the issuance of the Bonds and the financing of the Project for approval to the Board of y Commissioners of Collier County (the "Board"). The Authority hereby directs the Chairman, Vice-Chairman or Issuer's Counsel either alone or jointly, at the expense of the Company, to seek approval for the issuance of the Bonds and the financing of the Project by the Board as the applicable elected representatives of Collier County under and pursuant to the Act and Sectlon 147(f) of the internal Revenue Code of 1986, as amended 5. General Authorization. The Chairman, the Vice-Chairman, ~he Secretary and counsel for the Authority hereby are further authorized to proceed, upon execution of the Preliminary Agreement, with the undertakings provided for therein on the part of the Authority and are further authorized to take such steps and actions as may be required and necessary in order to cause the Authority to issue the Bonds subject to the terms and conditions set forth in the Preliminary Acreement~ authorized hereby. 6. Affirmative Action. This resolution is an affirmative action of the Authority toward the issuance of the Bonds, as .~- ~ ~ , -., a~o_Ga~~ contemplated in said p~liminary Ag___m_nt {~ --~ ~ ~_ with the ~_a~l~ =ns the appl~ ~ purposes cf the laws cf the State of Florida - ' - United =~ares Ireasury Regulations. 7. Approval of Notice of Public Hearing. /he form of notice of public hearing attached hereto as Exhibit "A" is hereby approved and the publishing thereof ratified by the Authority. 8.- Appointment of Counsel. The Authority a~ooints Nabors, Gib!in and Nickerson, P.A., Tampa, Florida to ac5 as bond counsel to the Authority in connection with the issuance by the Authority of the Bonds. The firm of Donald A. Pickworth, P.A., Naples, Florida is the duly appointed Issuer's Counsel. 9. Limited Obligations. The Bonds and the interest thereon shall not constitute an indebtedness or pledge of the general credit or taxing power of Collier County, the State of Florida or any political subdivision or agency thereof but shall be payable solely from the revenue pledged therefor pursuant to a loan agreement or other financing agreement entered into by and between he Authority and the Company prior to or contemporaneously with 'the issuance of the Bonds. AGENDA ITEM .. DEC 1 5 1998 · Limited Approval. The approval given herein shall not be :onstrued as an approval of any necessary zoning applications nor any other regulatory permits relating to the Project and the ~Authority shall not be construed by reason of its adoption of this resolution to have waived any ~ight of the County or estopping the iCounty from asserting any rights or responsibilities it may have in ,.that regard. This Resolution shall take effect immediately. ADOPTED this day of December, 1998. HOUSING FINANCE AUTHORITY OF COLLIER ~v~.,----nn~T~T~V, FLORIDA (SEAL) .,~ By: /s/ Chairman ATTEST: Secregary -4- ~ ,.~ Exhibit A Affidavit of PubLication Intersocllot~ County of CoLLter Before the undersigned au:~ity/ peraon. LLy .'~~~ :< ', ' I ' Heu~/ n dat:y n~.pape~ pubLtahed at t~apLes/ CoLL,.r County, FLor,d.: t~t th..ttach.d co~ .~~,:.' · · . N~s S. a n~spaper pubH,hed at HapLe., Jn .aid ~t~~,~epl, f~lv wesl or n~per ha, heretofore been continuously ..... .. day a~ ~ been en~ared a. a~o~ cLa.e m, 1L mtter ,t ~he ~st office tn ~pLas, ~n .aJd ~e~ C~nty/ F~orlda, for a per~od of 1 yea~ ~reced~ the firlt pubLtcltton of the let I.yl that ~he ha. n.tther pa~d nor 1~ ' ~ole of lecur~ng thtl adverttle.ent for ~Ltc.tton Jrt,the ~.1d newspaper. PUBLI~ED OH: 11/18 .hearing may .County =, Al) SPACE= '18/,.000 [NCH Au. · FZLE0 ON: 11/IS/gB -thts day of ~ MY COMM~SION f CCZ0252l ~ES 147(t) ~f* '( ~r; 1R 2002 ~,, AO~tDT~I~Y~[ INC AGENDA IT[~. ~ ~ ~., . BEC 15 I B8 RESOLUTION 98- A RESOLUTION OF THE BOAP. D OF COU/~TY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, APPROVING THE ISSUANCE OF NOT EXCEEDING $8,000,000 HOUSING FINANCE AUTHORITY OF COLLIER CObq~T'~ MULTI- FAMILY HOUSING REVENUE BONDS, SERIES 1999 (WHISTLER'S GREEN APAP. TMENTS) PURSUANT TO CHAPTER 159, PART IV, FLORIDA STATUTES, AS AMENDED BE IT RESOLVED BY THE BOARD OF COb'NTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: Section 1. Recitals. It is hereby found, ascertained, determined and declared that: ....... A. The Housing Finance Authority of Collier County (the "Issuer") is a public corporation of the State of Florida, was duly created by Ordinance No. 80-66 of the Board of County Commissioners of Collier County, Florida, and is a body corporate and politic duly created and existing as a local governmental body and a public instrumentality for the purpose of assisting qualifying housing projects situated in Collier County, Florida (the "County") under and by virtue of Chapter 159, Part Florida Statutes (the "Act ) to provide for the issuance of and to issue and sell its obligations for lawful purposes under the Act. B. The Issuer has submitted to the Board of County Commissioners a copy of its Resolution (the "Resolution"),attached hereto as Exhibit A, 'with respect to the issuance by it of not to exceed $8,000,000 Housin~ Finance Authority of Collier County Multi-Family Revenue Bonds, Series 1999 (Whistler's Green Apartments) (the "Bonds"). C. A public hearing was held on the Resolution on December 3 1998, which public hearing was duly conducted by the Issuer upon :easonable public notice, copies of said notice being attached to the Resolution, and at such hearing interested individuals were afforded the opportunity to express their views, both orally and in writing, on all matters pertaining to the location and nature of the proposed project and tO the issuance of the Bonds. D. The Issuer has recommended and requested that the Board of County Commissioners approve the issuance of the Bonds so that the interest on the Bonds will be exempt from federal income taxation under applicable provisions of Section 147(a) of the Internal Revenue Code of 1986, as amended. E. The Resolution shows that the Issuer has acted in accordance with all applicable requirements of law, and that the issuance of the Bonds will serve significant public purposes as provided in the Ac~. F. The purpose of the Act will be effectively se:~ed,A~A~T~~ SEc 15 1998 necessary and desirable'and in the best interest of the County that the 'issuance of the Bonds be approved by the Board of County Commissioners. G. The Bond shall not constitute a debt, liability ,or obligation Collier County, its Board of County Commissioners, officers, agents or employees, or the State of Florida or any political subdivision .hereof, but shall be payable solely from ~he revenues provided ~ ~- therefore, and neither the faith and credit nor any taxing power of Collier County, or the State of Florida or any political subdivision ~thereof is pledged to the payment of the principal of, premium, if any, interes% on the Bond. No member of the Board of County Commissioners ~'~"i!of Collier County or any officer, agent, or employee thereof shall be liable personally on the Bond by reason of its issuance. Section 2. Approval of Issuance of the Bonds. The issuance of the Bonds as contemplated by the Resolution is hereby approved, however this approval shall in no way be deemed to abrogate any regulations of the Coun:y and the project contemplated by this resolution shall be subject all such regulations, including, but not limited ~o, the County's ~Grow~h Management Plan, all concurrency requirements contained therein, ~! and the Collier County Land Development Code. Section 3. Repealin~ Clause. Ail resolutions or orders and parts thereof in conflict herewith, to the extent of such conflict, are hereby :i~superseded and repealed. Section 4. Effective Date. This Resolution shall take effect immediately upon its adoption. PASSED A~.qD ADOPTED THiS day of December, 1998. SEAL) ATTEST: Dwight E. Brock, Clerk COLLIER COUNTY, FLORIDA Deputy Clerk Barbara B. Berry, Chairman Board of County Commissioners of Collier County, Florida Approved as to form and legal sufficiency: AGENDA ITEM , County Attorney NO._ I~, (~"'~'~ EXHIBIT A 98-05 RESOLUTION REGARDING THE OFFICIAL ACTION OF THE HOUSING FINANCE AUTHORITY OF COLLIER COUNTY, FLORIDA, RELATIVE TO THE ISSUANCE OF NOT TO EXCEED $8,000,000 MULTIF~MILY HOUSING REVENUE BONDS FOR THE PURPOSE OF ACQUIRING CONSTRUCTING A/mD EQUIPPING MULTIFAMILY RESIDENTIAL HOUSING FACILITIES FOR PERSONS OR F~MILIES OF LOW, MIDDLE OR MODE?J~TE iNCOME; AND FURTHER AUTHORIZING THE EXECUTION A~N'D DELIVERY OF A.N AGREEMENT BY A.ND BETWEEN THE AUTHORITY AI~D WHISTLER'S GREEN, LTD.; PROVIDING A~N EFFECTIVE DATE. Wq{EREAS, Whistler's Green, Ltd. (the "Company") has applied Hous ' ~ l.,g Finance Authority of Collier County, Florida (the "Authority"), to (i) issue its multifamity housing revenue bonds in a princiDa! amount not to exceed $8,000 000 (the "Bonds") for the purpose of financinc the acquisition, construction, euuipping and deve!cpment of multifamily residential housing facilities for persons or families of low, middle or moderate income to be loca[ed in Collier County (the "Project"), and (ii) to loan the proceeds of the Bonds to the Company pursuant to Chapter 159, Part IV, Florida Statutes, or such o~her provision or provisions of Ulo~da . - - ~aw as the Autkority may cst_.m .... advisable (the "Act ) and WHEREAS, a determination by the Authority to issue ~he Bonds under the Act, if so requested by the Company, in one or more ~issues or series not exceeding an aggregate principal amount o $8,000,000 and to loan the proceeds thereof available to finance the Project under a loan acreement or other f' ina.~c_ng which will provide that payments thereunder be at least sufficient tO pay the principal of and interest and redemption premium, if any, cn such Bonds and such other costs in connection therewith as may be incurred by the Authority, will assist the Company and promote the purposes provided in the Act; and WHEREAS, the Company has entered into the Preliminary Agreement of even date herewith relating to the ~ssuance of the Bonds; and WHEREAS, the Authority held a public hearing on the proposed ssuance of the Bonds for the purposes herein stated on the date NO. ,.~L.f,~,~;~ ~ f, which public hearing was conducted in a mann~ that provided a reasonable opportunity for persons with differing views to be heard, both orally and in writing, on both the issuance of such Bonds and the location and nature of the portion of the ":./ Project to be financed with the proceeds therefrom. W/~EREAS, it is intended that this Resolution shall constitute ~ official action toward~h_~ issuance of the Bonds within the meaning of the applicable United States Treasury Regulations IT IS, THEREFORE, DETERMIN'~D JMN'D RESOLVED BY THE HOUSING FINANCE AUTHORITY OF COLLIER COUNTY, FLORIDA, THAT: 1. Approval of the Project. The acquisition, construction, i:!i ;? equipping and development of the Project and the financing thereof by the Authority through the issuance of the Bonds, pursuant to the Act, wi!! prcmo~'.e the health and welfare of the citizens cf Collier ...i:'~-:~ . County and will thereby serve the public purposes of the Act. '~ ....... 2 Execution and Delivery of Preliminary Agreement. The Chairman or Vice-Chairman of the Authority hereby are authorized ~ i:. and directed to execute, for and on behalf of the Authority, the ~i Preliminary Agreement of even date herewith b_~we_n~ ~ the Authority and the Company providing understandings relative to the proposed : issuance cf the Bonds by the Authority to ~na..c~ the Project in an i'~:: aggregate principal amount not to exceed the lesser of (a) 'i;~ $8,000,000, or (b) the cost of the Project, as determined by the Au ~ ho. ~ 3 Authorization of the Bonds. · ~.~re is hereby authorized ,. to be issued and the Authority hereby determines to issue the ~onds, if so requested by the Company and subject to the conditions se~ forth in the Preliminary Agreement of even date herewith in · one or more issues cr series in an a*~re~are ~rincipal amount tO exceed $8,000,000 for the purpose of financing the Project !ii:ii, described in such Preliminary Agreement. The Bonds shall be !:?~:~i: design=ted Housing Finance Authority of Collier County Multifamily Housinc Revenue Bonds Series 1999 (Whistler's Green Apartments o similar designation as the Authority may deem advisable. The ~¢;,.~:, rate of ~nteres~ payable on the Bonds shall not exceed the rate 4. Reconunendation for Approval to Board of County AGENDA ITEM- . C .C 1 5 1998 Commissioners. The Authority hereby recommends the issuance of the Bonos and the financing o~ the Project for approval to the Board of ~.{~'!~?~'~.~'~:''County Commlssioners of Collier County (the "Board"). The Authority hereby directs the Chairman, Vice-Chairman or Issuer's Counsel, either alone or jointly, at the expense of the Company, to seek approval for the issuance of the Bonds and the financing cf ~' ~ the Project by the Board as the applicable elected representatives of Collier County under and pursuant to the Act and Section 147(f) of the Internal Revenue Code of 1986, as amended. 5. General Authorization. The Chairman, the Vice-Chairman the Secretary and counsel for the Authority hereby are further authorized to proceed upon execution of the Preliminary Asreement with the undertakinss provided for therein on the part of the Authority and are fur[her authorized to take such steps and ac[ions as may be required and necessary in order to cause the Authority to issue the Bonds subject to the terms and conditions se[ forth in the Preliminary Agreement authorized hereby. 6. Affirmative Action. This resolution is an affirmative action of the Authority toward the issuance of the Bonds, as contemo!ated in said Preliminary Agreement in accordance with the purposes of the laws of the State of Florida and the applicable United States Treasury ~=culations 7. Approval of Notice of Public Hearing. The form of notice of pubiic' ==~ n .... ng attached hereto as Exhibit A" is hereby approved and the publishinc thereof ratified by the Authority. 8. Appointment of Counsel. The Author:ty appoints Nabors, Gib!in and Nickerson, P.A., Tampa, Florida to act as bond counsel to the Authority in connection with the issuance by the " Au~nO. ltV of the Bonds. The firm of Donald A. Pickworth, P.A., Naples, Florida is the duly appointed Issuer's Counsel. 9. Limited Obligations. The Bonds and the interest thereon shall not constitute an indebtedness or pledge of the general credit or taxing power of Collier County, the State of Florida or any political subdivision or agency thereof but shall be payable solely from the revenue pledged therefor pursuant to a loan agreemen~ or other financing agreement entered into by and between the Authority and the Company prior to or contemporaneously with the issuance of the Bonds. - AGENDA IT._T.~ ~ ¢'~m,.~.~,~,,,o,^~.o,~, ....,.,~.~ -3- No. 1 ~ 10. Limited Approval. The approval given herein shall not be construed as an approval of any necessary zoning applications nor ilfo~>any other regulatory permits relating to the Project and the /A~thority shall not be construed by reason of its adoption of this resolution to have waived any right of the County or estopping the ~y from asserting any rights or responsibilities it may have in that regard. This Resolution shall take effect immediately. < ADOPTED this day of December, 1998. HOUSING FINANCE AUTHORITY OF COLLIER COUNTY, FLORIDA By: /s/ Cha irma n ATTEST: '.~ Secretary~ NapLes/ FL )4102 ~;,m~ $1S0 T~I~I TRL H 1602 ,::'::-Before the ~nderMgn~ aut~rJtyt permonmtLy appeared AnQe~a B~an~, ~ on oat~ ~ay~ that ;.r~ marvel I~ A~ml~tant Secreta~ of t~e ~pLe~ DaJ~y N~m, a daJ~y newspaper p~U~ed at NapLes, tn cottt.r County, Ftortd,: thmt the attached co~ ~~F}.~,~ N~ Is a newspaper ~bL~,hed at NapLes/ tn ,etd d~ ~ ~1 been ~tered as $e~nd cta~$ mttee It the ~st offtce tn NapLes/ tn eatd a~ta~ed co~ of adve~t~eemen~; and elf tent ' further mays that mhe ha, neither pald non promlsed any person, flrm or coporatlon any ~r~,e of securing thJl advertisement for ~bLlcatlon tn the ~atd newspaper. ~ ~ ~blhg-to ~oke $tsnatuee of Affiant ~. 'To ~'PPEAL S,orn ,o and S.bacr~bed before .e tMs ~ day of Personatty ~o~ ~ .e z . ~" RESOLUTION 98- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, APPROVING THE ISSUANCE OF NOT EX. CEEDING $3,900,000 HOUSING FINANCE AUTHORITY OF COLLIER COUNTY MULTI- FAMILY HOUSING REVENUE BONDS, SERIES 1999 (WILD PINES APARTMENTS) PURSUANT TO CHAPTER 159, PART IV, FLORIDA STATUTES, AS A~MENDED. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: Section 1. Recitals. It is hereby found, ascertained, determined and declared that: A. The Housing Finance Authority of Collier County (the "Issuer") ~"'is a public corporation of the State of Florida, was duly created by Ordinance No. 80-66 of the Board of County Commissioners of Collier ...... County, Florida, and is a body corporate and politic duly created and existing as a local governmental body and a public instrumentality for the pu_-?cse cf assisting qualifying housing projects situated in Collier County, Flcrida (the "County"), under and by virtue of Chapter i59, Part IV, Florida Statutes, (the "Act"), to provide fcr the issuance of and to issue and sell its obligations for lawful pu~-poses under the Act. B. The issuer has submitted to the Board of County Commissioners a copy of its Resolution (the "Resolution"),attached hereto as Exhibit A, with respect to the issuance by it of not to exceed $3,900,000 Housing Finance Authority of Collier County Multi-Family Revenue Bonds, Series 1999 (Wild Pines Apartments) (the "Bonds"). C. A public hearing was held on the Resolution on December 3, 1998, which public hearing was duly conducted by the Issuer upon reasonable p'ab!ic notice, copies of said notice being attached to the Resolution, and at such hearing interested individuals 'were afforded the opportunity to express, their views, both orally and in w._ting, matters pertaining to the location and nature of the proposed project and to the issuance of the Bonds. D. The Issuer has recommended and requested that the Board of County Commissioners approve the issuance of the Bcnds so that the interest on the Bonds will be exempt from federal income taxation under applicable provisions of Section 147(a) of the Internal Revenue Code of 1986, as amended. E. The Resolution shows that the Issuer has acted in accordance with all applicable requirements of law, and that the issuance of the Bonds will serve significant public purposes as provided in the Act. F. The purpose of the Act will be effectively necessary and desirable and in the best interest of the County that the issuance of the Bonds be approved by the Board of County Commissioners. G. The Bond shall not constitute a debt, liability or obligation of Collier County, its Board of County Commissioners, officers, agents or employees, or the State of Florida or any political subdivision thereof, but shall be payable solely from the revenues provided ~'therefore, and neither the faith and credit nor any taxing power of -Collier County, or the State of Florida or any political subdivision i~thereof is pledged to the payment of the principal of, premium, if any, interest on the Bond. No member of the Board of County Commissioners of Collier County or any officer, agent, or employee thereof shall be liable personally on the Bond by reason of its issuance. Section 2. Approval of Issuance of the Bonds. The issuance of the Bonds as contemplated by the Resolution is hereby approved, however this approval shall in no way be deemed to abrogate any regulations of the County and the project contemplated by this resolution shall be subject all such regulations, including, but not limited to, the County's ~Grow~h Managemen~ Plan, all concurrency requirements contained therein, and the Collier County Land Development Code. Section 3. Repealin~ Clause. All resolutions or orders and parts !~/~thereof in conflict herewith, to the exten~ of such conflict, are hereby ~f~:superseded and repealed. '~/'~ Section 4. Effective Date. This Resolution shall take effect ~m _d~ately u~o.. its adoption. ~':~:~?~c~'~' , . PASSED ~N~ ~OPTED THiS day of December, 1998 . Dwight E. Erock, Clerk COLLIER COUNTY, FLOEiDA /, By: .!- Deputy Clerk Barbara B. Berry, Chairman Board of County Commissioners of Collier County, Florida Approved as to form and legal sufficiency: EXHIBIT A 98-06 RESOLUTION REGARDING THE OFFICIAL ACTION OF THE HOUSING FINANCE AUTHORITY OF COLLIER COUNTY, FLORIDA, RELATIVE TO t_::~.:~ THE ISSUANCE OF NOT TO EXCEED $3,900,000 MULTIFAMILY HOUSING REVENUE BONDS FOR THE PURPOSE OF ACQUIRING, CONSTRUCTING ~ EQUIPPING MIJLTI FAMILY RESIDENTIAL HOUSING FACILITIES FOR PERSONS OR FAMILIES OF LOW, MIDDLE OR MODERATE INCOME; ;LND FURTHER AUTHORIZING THE EXECUTION AND DELIVERY OF AN AGREEMENT BY /LND BETWEEN THE AUTHORITY A_N'D NICHOLSON LIMITED PARTNERSHIP; PROVIDING DATE. W"HEREAS, Nichotson Limited Partnership (the "Company") has applied to the Housing Finance Authority of Collier County, Florida .(the "Authority"), to (i) issue its multifamiiy housing revenue .,S:~!~.:<,~ bonds ~., a principal amount not to exceed $3,900,000 (the "Bonds") ~" for the purpose of financing the acquisition, construction, T("ecui~:nc a~d d~ve!o ment of multifamil ~ ' ~'~'~ - -. - '- " - P y r~slden f=~'~ '~i~s fo~ --1-= - - p__sons or families of low, middle or moderate [.~nco,.,e ~c be loca;ed ~n Collier County (the "Project"), and (ii) zo loan the proceeds of the Bonds to ~he Company pursuant to Chapter 159, Pa~ iV, F!o~i~a c- at,,t~ ~ ..... ~ ~'~ ....... ~ ~ .... .j.:.~pro;l_~ons..<..~.~. o~ ~!o. ica law as the Authority may a=-e~mln~ ff":],:[~;e~:'.]"~'~'~ ~EREAS, a determination by the Authority to issue the Bonds under the Ac~, if so requested by the Company, in one or more issues or series not exceeding an aggregate principal amount of $3,900,000 and to loan the proceeds thereof available to finance ~he Project under a loan agreemen~ or other financing agreement which will provide that pa~ents thereunder be a~ least su~ficien~ ~o pay the principal of and interest and redemption premium, if any, on such Bonds and such other costs in connection therewith as be incurred by the Authority, will assist the Company and ~he purposes provided in the Act; and ~EREAS, the Company has entered in~o ~he Preliminary Agreement of even date herewith relating to ~he issuance of the Bonds; and ~EREAS, the Authority held a public hearing on the proposed issuance of the Bonds for the purposes herein stated on the date i hereof, which public hearing was conducted in a manner that provided a reasonable opportunity for persons with differing views to be heard, both orally and in writing, on both the issuance of such Bonds and the location and nature of the portion of the Project to be financed with the proceeds therefrom. WHEREAS, it is intended that this Resolution shall constitute official action toward the issuance of the Bonds within the meaning of the applicable United States Treasury Regulations. ~(. IT IS, THEREFORE, DETERMINED ~ RESOLVED BY THE HOUSING FINAI~ICE ALFI'HORITY OF COLLIER COU'I~Y, FLORIDA, TI~T: 1. Approval of the Project.. The acquisition, construction, equipp~nc_ _ and development of the Project and the financing thereof by the Authority through the issuance of the Bonds, pursuant to the ~?~'~_ . Act will promot~ the health and welfare of the citizens of Collier County and will thereby serve ~he public purposes of the Act. 2. Execution and Delivery of Preliminary Agreement. The Chairman or Vice-Chairman of the Authority hereby are authorized and directed to execute, for and en behalf of the Authority, the :[~?~,: Preliminary Agreement of even date herewith between the Authority .... ' and the Company providinc understandings relative to the proposed '" issuance of the Bonds by the Authority to finance the Project in an .~ aggregate principal amount not to exceed the lesser of (a) $3,900,000, or (b) the cost of the Project, as determined by the Authority. "'~;. 3 Authorization of the Bonds. There is hereby authorized to be issued and the Authority hereby determines to issue the Bonds, if so requested by the Company and subject to ~he conditions set forth in the Preliminary Agreement of even date herewith in one or more issues or series in an aggregate principal amount not to exceed $3,900,000 for the purpose of financing the Project described in such Preliminary Agreement. The Bonds shall be designated "Housing Finance Authority of Collier County Multifamiiy Housing Revenue Bonds Series 1999 (Wild Pines Apartmen%s)" or such : similar desicnation as the Authority may deem advisable. The rate '.-permitted of interest by law. payable on the Bonds shall not exceed the rate AGENDA ITENI. ~ 4. Reconunendation for Approval to Board of County Co:=nissioners. The Authority hereby recommends the issuance of the Bonds and the financing of the Project for approval to the Board of iCounty commissioners of Collier County (the "Board") . The Au~ho_,~y hereby directs the Chairman, Vice-Chairman or Issuer's Counsel, either alone or jointly, at the expense of the Company, to 'seek approval for the issuance of the Bonds and the financing of Project by the Board as the applicable elected representatives of Collier County under and pursuant to the Act and Section 147(f) of the internal Revenue Code of 1986, as amended. 5 General Authorization The Chairman, the Vice-Chairman, Secretary and counsel for the Authority hereby are further au:horized to proceed, upon execution of the Preliminary Agreement, with :he undertakings provided for therein on the part of the Authority and are further authorized to take such steps and actions ~,,~ as may be required and necessary in order to cause the Authority to issue the Bonds subject to the terms and conditions set forth in the D~=~iminary Agreement authorized hereby 6. Affimative Action. This resolution is an affirmative action of the Authority toward the issuance of the Bonds as contemp!a~ed in said Preliminary Agreement, in accordance with the purposes of the laws of the State of Florida and the applicable United Sta~es Treasury Regulations. 7. Approval of Notice of Public Hearing. The form of notice ~ of public hearinc attached hereto as Exhibit "A' is hereby approved and the uub!ishing thereof ratified by the Authority. 8. Appointment of Counsel. The Authority appoints Nabcrs, Gib!in and Nickerson, P.A. Tampa Florida to act as bond counsel ,'!~:;~:~'~'-'~.,. tO the Authority in connection with the issuance by the Authority of the Bonds. The firm of Donald A. Pickworth, P.A., Naples, Florida is the duly appointed Issuer's Counsel. 9. Limited Obligations. The Bonds and ~he interest thereon shall not constitute an indebtedness or pledge of the general credit or taxing power of Collier County, the Staue of Florida or ~:any political subdivision or agency thereof but shall be payable y from the revenue pledged therefor pursuant to a loan reement or other financing agreement entered into by and between the Authority and the Company prior to or contemporaneously with AGENDA 1TEI~ 1 5 pg. c~ D the issuance of the Bonds. Limited Approval. The approval given herein 'shall not be construed as an approval of any necessary zoning applications nor ~for any other regulatory permits relating to the Project .and the '~?Authority shall not be construed by reason of its adoption of this resolution to have waived any right of the County or estopping the y from asserting any rights or responsibilities it may have in that regard. This Resolution shall take effect immediately. ADOPTED this 3'~ day of December, 1998. HOUSING FINANCE AUTHORITY OF COLLIER COUNTY, FLORIDA ( SEAL ) By: /si Secretary ~.,~ Exhibit .. '~. _..; . . .J.~,':*. . * , Affidavit of PubLicltton .... ~;.:.~:. ~ , ~ .. . ~* ' ~ ~.? ~,:; Hap~e~ DaiLy Hey* .......................... ~1S0 TA~X~X TRL N ~602 Coun~ of Co~er Before the undarm~g~ad authority/ p~r~na~Ly . appeared ~Qe~a aryant, v~ on oath ~ay~ thmt mba . ~.~. Afft~t further ~ay~ that the maid ~ap~em DaiLy ~ n~sp~er has heretofore bean continuously ' ~ ' published in matd ~LLter Cowry/ FLorida, each : ~y ~d baa been ~tered as .econd cL~m* ~tter at the ~s~ offtca 4n Naples, in maid ~reced~ng the f~rmt pubL4cmt~on of the /~ ca~ of advec~t.e~nt; and affiant 's .'. . . ~., .ay. ,h., .h. ha. neither pa~d nor ~' ~romtsed any person, f~r= on coporatton .ny · H,co~,, r.bat., cont..ton on refund ,or the ' '" ":' '.':'.':' .urpoee of ~ecur~ng th~ edveetq.ement foe ~ubLtca~ton tn the maid new.paper. P~%S~ED O~: 11/18 AD SFACE: ~8~.000 ZNCH Au. F/LEO OH: 11/18/98 ~; s~gnature of Affiant S.orn to and S~,crJbed before ,, tht, ~ day of ~ ~9~ ~ OF ' ~ ........ )oyce E Blazer .. .. MYCOH~SSION ~ CC70~52l E~ES ~, ~ ~. ~. NO. 13(]0640 I ~, EXECUTIVE SUMMARY Recommendation to approve a Legal SeN'ices Agreement with Fixel & Maguire as legal counsel to represent county relating to county's property acquisition interests including eminent domain proceedings for the Immokalee Road Four-Laning Project (Project No. 69101) betv,'een 1-75 to C.R. 951 and for the Golden Gate Boulevard Four-Lnning Project (Project No. 63041) between C.R. 951 and 2"" Street S.E. OBJECTIVE: That the Board of County Commissioners approve the attached Legal Services Agreement with the law firm ofFixel & Maguire as legal counsel to represent county relating to county's property acquisition interests including eminent domain proceedings for the lmmokalee Road Four-Laning Project (Project No. 69101) between 1-75 to C.R. 951 and for the Golden Gate Boulevard Four-Laning Project (Project No. 63041) between C.R. 951 and 2"d Street S.E. CONSIDERATIONS: The Count)' has a need to move expeditiously regarding eminent : domain proceedings and construction on these two projects. The use of expert outside counsel in coordination with the County Attorney and staff better assures legal project milestones being timely met and the work on the ground proceeding apace Attorney Joe Fixel or the firm ofFixel & Maguire have been counsel for Collier County on many projects over several >'ears. County Attorney staff will be utilized with the firml to reduce costs. The County Attorney has reviewed this approaclVselection with Public Wo'~'ks , Administrator who concurs. FISCAL IMPACT: Legal services will be at the discounted rate of'S200.00 per hour for n~n- ,trial work and $235.00 per hour for all trial work. Fundint, is available for these projects,as follows: Immokalee Road - Project 69101' Fund 331-16365~; Golden Gate Boulevard - Proj,ect ('No. 63401: Fund 313-163673. GROWTIt MANAGEMENT IMPACT: Both road expansion projects are planned and ;.:: scheduled to meet County growth requirements. RECOMMENDATION: That the Board approve the attached Leual_ Sen'ices Agreement with the firm ofFixel & Maguire and authorize the Chairman to execute same. Approved by: ~a~,id C. Weigel Dhte / '/ ' CountY Attorney AGENDA I~EM. :xe~tb.'e ~ummariesq 998'fixel re Inunokale¢ Road and Golden Gate 1½oul,".ard eminent domain pg. LEGAl, SERVICES AGREEMENT THIS LEGAL SERVICES AGREEMENT made and entered into this day of , 1998, by and between the Board of County Commissioners, (hereinafter referred to as the "Board" and/or "County"), and the la',',' firm of Fixel & Maguire, 211 South Gadsden Street, Tallahassee, Florida 32301, (hereinafter referred to as "Counsel"). x3,q TNE S SETH' The parties hereto, in consideration o£the premises and the covenants contained herein, mutually agree as follows: 1. Counsel is hereby retained by the Board to represent and assist the Count.,,' relating to County's property acquisition interests including eminent domain proceedings for the lmmokalee Road Four-Laning Project (Project No. 69101) between 1-75 to C.R 93 Boulevard Four-Laning Project (Project No. O3041)betweenC.R. 951and 2"~ Street S.E 2. Counsel, upon authority of the County Attorney, is to prepare all leual documents, correspondence, communications, etc. and to attend all negotiation meetinus, settlement conferences, court hearings and trial(s) necessary during an,,' eminent domain proceedings for Project No. 69101 and Project No. 63041. 3. The Board, through its Office of Capital Projects Nlana~emcnt heret0v a~rees to Counsel as compensation for legal services at Counsel's discounted ra:e ofS235.00 per hour for all trial work and S200.00 per hour for non-trial work. Counsel shall be compensated at S60.00 per hour for paralegals providing services hereunder· 4. The Board hereby agrees to reimburse Counsel for actual costs incurred including costs ofmailing, copies, facsimiles, telephone expense and document transmittal expenses (e.g., "Federal ~ress", etc.) incurred pursuant to this Agreement, provided that such costs are supported by appropriate documentation submitted with the invoice or statement for legal s .?':;'~';: Attorney. Counsel's travel expenses are expressly excluded from this Agreement unless approved in advance by the County Attorney. 5. A statement or invoice for legal services and direct costs incurred by Counsel shall be 5 billed to the County Attorney on a monthly or quarterly basis at the discretion of'Counsel. All invoices shall contain, as a minimum, the following information: 1) The proper name of'the payee , ~:.~,.~; _~ as it appears in the Agreement; 2) The date ofthe invoice; and 3) The description ofservices and .' the time period in which billable services were rendered. All payments and the resolution of'any disputes regarding such are subject to and shall be processed in accordance with Chapter 218, Part VII, otherwise known as "The Florida Prompt Payment Act." The County shall pay all invoices ,.,~, .. submitted in accordance with the provisions of Section 218.74, Florida Statutes. If the County fails .-~, to pay any invoice for let. al services within the time period specified in Section ~ 18.74, Florida : Statutes, Counsel shall have the right to invoice for interest on the unpaid invoice at the rate of one percent (1%) per month compounded monthly commencing thin5' (30) days after tile due date. i. 6. Counsel shall be solely responsible to parties with whom it shall deal in carrying out the terms of this Agreement and shall not subcontract its responsibilities to tile Board under this Agreement. Counsel shall carry Lawyer's Professional Liability insurance in an amount not less than $1,000,000 per occurrence. An insurance certificate evidencing2 this Lawyer's Professional ' Liability insurance requirement shall be tendered to the Collier Counts' Risk Xlanagement ~artment within fourteen (14) days of the date ofthis Agreement. Current, valid insurance policy(les) meeting the requirement herein identified shall be maintained by Counsel during the duration of this Agreement. Renewal cerqificate(s) shall be sent ;' to the County thirty (30) days prior to the expiration date(s) on any such policy(les). There shall be a thirty (30) day notification to the Board in the event ofcancellation or modification of any 'ii('stlpulated insurance coverage. AGENDA 11.7_.[1~., No. I~ r,- .... .5; [.;' 1 5 1998 Page 2 or4 7. Counsel shall protect, defend, indemnify, and hold the Board and its officers, employees, and agents harmless from and against an2,' and all losses, penalties, damages, professional fees, g attorney fees and all costs of litigation and judgments arising out of any' willful or intentional misconduct, negligent acts or error or omission of Counsel, its subconsultants, subcontractors, agents or employees, arising out ofor incidental to the pe~ormance of this Agreement or work pe~ormed thereunder, ~nclud~n~ any clam~(s) brought aumnst the County, ns 7~.: omcers, employees, or agents by any employee of Counsel, an5 subconsultants, subcontractor, or '"" anyone directly or indirectly employed by any of them. Counsel's obligation under this provision shall not be limited in any way by the agreed-upon total contract fee spedfied in this Agreement or Counsel's limit of, or lack of, sufficient insurance protection. The panics agree that one percent (1%) ofthe total compensation to Counsel for performance of services authorized by this Agreement is specific consideration for Counsel's indemnification of the County. 8. Counsel agrees to obtain and pay for all permits and licenses necessary for the conduct of its business and aerees to comply with all laws eovernine the responsibility oran employer with respect to persons employed by Counsel. Counsel shall also be solely, responsible tbr payment of any and all taxes levied on Counsel. In addition, Counsel shall comply with all roles, reaulations a laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter 9. h is mutually aareed between the parties that all authorization for leuaI services shall "'q originate with the Count)' Attorney. 10 Either vanv mavterminate this Anreement for convenience with a minimum ofthMy (30) days written not~ce to the other party The pames shall deal w~th each other ~n good faith the thirty (30) day period after any notice of intent to terminate t~r convenience has been Page 3 of 4 t, The County reserves the right to terminate this Agreement immedi,qtely, £or cause, upon notice to Counsel. I 1. This Agreement shall be effective upon execution by the Board and Counsel. ,::.. IN WITNESS WHEREOF, Counsel and the Board, have each, respectively, by an ::'~4 mthorized person or agent, hereunder set their hands and seals on lhe date and year first above written. FIXEL & MAGUIRE :'~; Joe W. Fixcl, ICsquirc ~ :~,, (Printed witness signature) '~::;?, Printed witness signature) ,..:~ ~q-~, 'TEST: BOARD OF COUNTY COMMISSIONERS DWIGItT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: By: BAP, BARA B. BERRY, Ct lAIRMAN ' Approved as to form and legal sufficiency: David C. Weigel Attorney AGENDA LiC 1 5 Page 4 or 4 pg. ~~ EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners adopt a Resolution Estabhshmg a Uniform County Pohcy Imposing Fees for the lnspectmn, Exammatmn and Duplication of Public Records Pursuant lo Section 119.07, Florida Statutes. OBJECTIVE: That the Board of County Commissioners consider and approve a Resolution establishing a uniform county policy imposing fees for the inspection, examination and duplication of public records pursuant to Section 119.07, Florida Statutes. CONSIDERATION: It has come to the attention ofthe Board that certain public records requests require the extensive use of information technology resources or extensive clerical or supervisory assistance by personnel of the County office, department or agency involved. Therefore, the Board has determined that it is in the best interest ofthe public of Collier County to impose a fee to cover the actual cost ofthese extensive requests as well as a charge for the duplication ofpublic records. Section 119.07, Florida Statutes, authorizes the imposition of these fees. Additionally, it is necessary to create a uniform method of application oftha fees to guide staffin determining v,'hen the imposition of such fees is acceptable and appropriate (legally sufficient) and to define the term "Extensive use" (more than an hour of clerical or supervisory time to locate, review for confidential information, copy and refile the requested material). FISCAL IMPACT: This fee will provide revenue to the various departments under the Board. GROWTI! MANAGEMENT I3IPACT: None RECOMMENDATION: That the Board of County Commissioners consider and approve a Resolution establishing a uniform county policy imposing fees for the inspection, examination and duplication ofpublic records pursuant to Section 119.07, Florida Stautes. ~? ~PRO~DBY: ..... ~ Date: /a/ David C. Weigel ~ ll:~blic/dda'ex~ufive summari~'1998'public r~cords charg~ RESOLUTION NO. 98- RESOLUTION ESTAIILISIIING A UNIFOI~,3,1 COUNTY POLICY I,MI'OSING FEES FOR TIlE INSPECTION, EXAMINATION AND DUPLICATION OF PUBLIC RECORDS PURSUANT TO SE~ION 119.07, FI. ORIDA STATUTES. WlIEREAS, Section 119.07(1), Floridu Stattttex. authorizes the custodian of public records Io charge a fee for copying public records provided upon request; and WIIEREAS, Section 119.07(1)(b), l'7ori&t Strttute.v, allows for lhe imposition of a special service charge for public records reques~ whicb require ex~ensive use of clerical or supe~'isory labor; and WIIEREAS, The Board of Count)' Commissioners has determined that a policy should be crealed establishing the allowable copying fees and dcfininu~ whal is ex~ensive use of clerical or supc~'iso~ labor; and WiIEREAS, The Board of County Commissioners has determined that such a policy is necessary in order to creale uniformity in application of tl~ose fees and to guide staff in delermlning when imposition of such fees is acceptable and appropriate (legally suflScienl), and WIIEREAS, The Board of County Commissioners has found that it is within the public's be~t interest for the Counly to impose such a fee in order lo cover ~he actual cost of duplication public records request. NOW, TIIEREFORE, BE IT RESOLVED BY TIlE IIOARD OF COUNt' COMMISSIONERS OF COLLIER COUNTY, FI.ORIDA, that' I. Slaffshall charue, tim following fees for duplication ofpublic records' A 15 cents per one-sided copy which is 14 inches by 8 1/2 inches or less B. an additional 5 ceres for each re'o-sided duplicated copy. ] C. $1.O0 per copy for a cmified copy ora public record. D. The actual cost ofduplicafion for all other copies "Actual cost of duplication" is defined in ~119 07(I), l'7orida .~'Rtlutes, as. "the cost of the material and supplies used to duplicate the record." but i~ docs not include the labor cost and overhead cost associated with such duplication Staff may. however, charge for the reasonable labor and overhead costs associated with copying courtly maps or aerial photographs supplied by county constitutional o~cers. 2. Ifthe nature or volume orpublic records requested ~o be inspected, examined, or ~'}' copied is such as Io require extensive use of information lechnoloev resources or. ex~ensi~ENDA'lTEM DEC 1 5 1998 Pg.. . .... ~,~;;~:~.~.. ~ I clcricnl or ~upen'isory ~s~sl~ncc by persom~cl of Ihe ('oumv uflkc, d~p~rl,ncnl or ~cncy .... ! v~':.''~' '" ~ duplication, a special sc~'ice charge, which shall be reasonable ~nd shall be based on fi)c cos~ 4 incurred For such exlensive usc oF information lechnology resources ar the labor cost oF the 5 personnel providing d~e service thai is aclually incurred by thc a~cncy or atlributablc Io thc 6 a~ency ~or ibc clcrlca] and supervisory assislancc rcquircd, or bolh. "Information technology resources" shall have thc samc mcanill~ as ill Scction ' o ~. ]03(13),/"h~riJa Smnaex. ," .', . ~':. :'"'~- 9 time lo locate, review For confidcnliai information, copy and rcfilc thc rcqucslcd malerial Thnc · ;:$. 93% .,hi~;~.'E: ~ ? I, incurred shall be based upi}ti thc aalt:re or voJtllne of the request and nol solely by the location of ' 7. 12 3 This Resolution applies to all oflkes, n~encies and departments authorized and I~ organized as Collier County government of the Board cftC'oilier C'ounly Commissioners 14 4 This Resolution shall be effective and implemented as ofthe date ofadoplion .~, ~: .. 15 This Resolution adopted this ~ day of . 1o98. after motion, second Ir, and n,ajorltv vote in ~qvor ofadol,tk,n ' --~ 17 ATTEST: I,~ DWIGI IT IE I1ROCK. Clerk BOARD OF ('(~I:NTY ('()MNIIS~I()NI~RS .~ 2o 'OF COLLIEI( COUN'FY. FI.OIUDA . 22 Deputy CIc~ k By ""7 ~.¥~ 23 BARBARAB BERRY. Chairman 26 Approved as to form and ' ': ~:,~'?:' .. 2~ legal su~ciency: . ~ I County Atlorney ' ~'~ J2 ~L ,t i;,"~'~. .' ' AGENDA ITE~ DEC 15 2 pg. , 3 . EXECUTIVE SUMMARY RECOMMENDATION TO ADOPT AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 90-11 I, AS AMENDED, WHICH CREATED THE PELICAN BAY MUNICIPAL SERVICE TAXING AND BENEFIT UNIT; AMENDING SECTION 7 TO PROVIDE FOR THE REDUCTION OF THE SIZE OF PELICAN bIUNICIPAL SERVICE TAXING AND BENEFIT UNIT ADVISORY COMMITTEE; AMENDING SECTION 11 TO PROVIDE FOR REDUCTION OF THE NUMBER OF MEMBERS REQUIRED FOR A QUORUM AND TO CONDUCT BUSINESS AND TO TAKE ACTION; PROVIDING FOR INCLUSION AND CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND BY PROVIDING AN EFFECTIVE DATE. -~: To adopt an Ordinance to amend Ordinance No. 90-I 11, as amended, so that the · v,~,,~-.~: membership of the Advisory Committee is reduced to thirteen members and the voting and ..:;. quorum requirements are changed accordingly. CONSIDERATIONS: On November 3, 1998, the Board of County Commissioners directed the County Attorney's Office to amend the Pelican Bay Municipal Taxing and Benefit Unit Advisory Committee, to reduce the size of the Advisory Committee, to reduce the quorum requirement to ~;/seven (7) members and to reduce the number of votes required to transact business to a majority of those present, except a 4/Sths vote of those members present would be required to adopt thc budget of the Pelican Bay Municipal Service Taxing and Benefit Unit. .'. On November 3, 1998, the Advisory Committee met and recommends that seven (7) members be .~,~,.: required to adopt the Pelican Municipal Service Taxing and Benefit Unit budget regardless ofthe "..';L number of members present at the meeting. The attached Ordinance reflects the advisory committees recent recommendation. FISCAL IMPACT: None GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners adopt the attached ;. i Ordinance which amends Ordinance No. 90-111, as amended. BY: on, Assistant County Attorney Date REVIEWED BY: - AGENDA No. David C. .ttomey taate 0 ~ C h: ~hg~hfa~-.x summary~Ex. Sum-Ord 90-1 ! ! as amended reduce Ibc Pelican Bay M.C;TB U Pg. ! ORDINANCE NO. 98- 3 AN ORDINANCE AM'ENDING COLLIER COUNTY 4 ORDINANCE NO. 90-111, AS AMENDED, ~VIIICll 5 CREATED TIIE PELICAN BAY MUNICIPAl. 6 SERVICE TAXING AND BENEFIT UNIT; 7 AMENDING SECTION SEVEN TO PROVIDE FOR 8 TIIE REDUCTION OF THE SIZE OF TIIE PELICAN 9 BAY MUNICIPAl. SERVICE TAXING AND I0 BENEFIT UNIT ADVISORY COMM'iTTEE; Il AMENDING SECTION ELEVEN TO PROVIDE FOR 12 A REDUCTION IN TIlE NUMBER OF MEMBERS 13 REQUIRED FOR A QUORUM AND TO CONDUCT 14 BUSINESS AND TO TAKE ACTION; PROVIDING 1~ FOR INCLUSION IN CODE OF LAWS AND 16 ORDINANCES; PROVIDING FOR CONFLICT AND 17 SEVERABILITY; AND PROVIDING FOR AN IS EFFECTIVE DATE, 20 NOW TIIEREFORE~, BE IT ORDAINED BY TIlE BOARD OF COUNTY 21 COMMISSIONEILS OF COLLIER COUNTY, FLORIDA, that: 22 SECTION ONE: Amendment to Section Seven of Collier County Ordinance No. 90- 23 I I I, as amended. 2.s Section Seven of Collier County Ordinance No, 90-11 I, as amended, is hereby 26 amended as follows: 27 2~ SECTION SEVEN: Creation &the Pelican Bay Municipal Service Taxing and 29 Benefit Unit advisory Committee. 31 Concurrent v,'ilb thc passage of this Ordinance, a-fi-~%ev~4-S) a IhLI3.E.~ 32 (13) member advisory committee knov,,n as the Pelican Bay Municipal Service 33 Taxing and Benefit Unit Advisory Committee (hereinafter "Committee") is 34 hereby created. 35 SECTION TWO: Amendment to Section Eleven of Collier Count,,, Ordinance No. 36 90- I I I, as amended. ' 38 Section Eleven of Collier County Ordinance No. 90-11 l, as amended, is hereby 39 amended as follows: 40 SECTION El. EVEN: Officers; Quorum; Rules of Proccdt,re. 41 A) At its earliest opporlunity, the membership of the committee shall 4l elect a chairman and vice chairman from among the members. Officers' terms shall be 43 for one (1) year, with eligibility for re-election. 44 B) Thc presence of elghl--(~)seven (7) or more members si:all AGENDA No. 45 constitute a quorum oftbe Committee necessary to take action and transact business. In 4~ addition, an affirmative vote of e,:g~! CS) er.-mer-e a maioritv of the members present sl ~ll [~E C Words underlined are additions, xi'ords sm~c '4vtbroug=h arc deletions, pg. '' I bc ncccssary in ordcr to takc action, reg~rdle~-of ;.&~l~ eigh,: (~) ~v~v, (7} 2 th: C,mmit::e :~t-a-me~ng. except that an affirmative vote of seven (7) or a more members present shall bt r~quired to adopt the Budget for the Uni. L a C) The Committee shall, by majority vote of the entire membership, 5 adopt niles of procedure for the transaction of business and shall keep a record of 6 meetings, resolutions, findings and determinations. ? SEC-~FION FOUR: Inclusion in Code of Laws and Ordinances a The provisions of this Ordinance shall become and be made a part of the Code of : 9 Laws and Ordinances of Collier County, Florida. The sections of thc ordinance may he 10 renumbered or rclettered to accomplish such, and the v,'ord "ordinance" ma)' be changed .... .... ~ I I lo "section", "article", or any other appropriate word. "" 12 SECTION FIVE: Conflict and Severability. 13 In the event this Ordinance conflicts with any other ordinance of Collier County ~-~.': 14 or other applicable law, the more restrictive shall apply. If any phrase or portion of this 15 Ordinance is held invalid or unconstitutional by any court of competent .jurisdiction, such 16 portion shall be deemed a separate, distinct and independent provision and such holding - -~ .... 17 shall not affect the validity of the remaining portion, 18 SECTION SIX: Effective Date ........ 19 This Ordinance shall become effective upon filing with Department of State. :.. 20 PASSED AND DULY ADOPTED by the Board of County Commissioners of '" -"~. 21 Collier County, Florida, this day of , 1998. "~ ~'L..$~;, . 22 ATTEST: BOARD OF COUNTY COMMISSIONERS · .~.~&. :..' :23 DWIGItT E. BROCK, CLERK COLLIER COUNTY, FI.ORIDA 24 25 26 BARBARA B. BERRY, CHAIRMAN :27 :~ 28 Approved as to form and 29 legal sufficiency: ~" 3t AGENDA ITEM ?---" No. :sa County Attorney [3EC 1 5 11t98 h: publle. Yhr,/hfa/ord/amendin{ Pelican Bay MSTnU pg. Words underlined are additions, ~ords :.tn.:c.k ¢hrough are deletions. EXECUTIVE SUMMARY EXECUTE AN ORDINANCE CREATING AND ESTABLISIIING TIlE GOODLANDfHORR'S ISLAND FIRE CONTROL AND RESCUE DISTRICT. OBJECTIVE: To obtain Board of County Commissioner's approval to execute an ordinance creating and establishing a MSTU for fire protection services within the areas commonly referred to as Goodland and Horr's Island. CONSIDERATION: Pursuant to Collier County Ordinance No. 84-84, the County created the Collier County Fire Control Municipal Services Taxing Unit to provide fire protection services to areas outside of existing fire district boundaries. Traditionally two mills have been levied for fire protection service within the Collier County Fire MSTU. Prior to the incorporation of Marco Island, the Marco Island Fire Control District provided fire protection services to Goodland and Horr's Island. Goodland and Horr's Island were excluded from the City of Marco Island corporate boundaries and therefore these areas became part of thc Collier County Fire Control District. In FY 99 the City of Marco Island contracted with Collier County For fire protection semices for Goodland and Horr's Island. Due to the additional taxable value attributable to Goodland and Hor/s Island being included in the Collier County Fire MSTU, it was decided that the FY 99 millage for the Collier County Fire Control District be reduced to 1.7979. This would generate just enough money needed to provide the fire protection semices until a separate MSTU could be created for Goodland and Horr's Island. FISCAL IMPACT: The anticipated FY 99 payment to the City of Marco Island to provide fire protection for the Goodland and ttorr's Island is $56, t00. The millage required in FY 2000 to fund the contractual fire protection se~ices is dependent upon the taxable value within the Goodland and Horr's Island Fire Control and Rescue District. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners approve the attached Ordinance and authorize the Chairman to execute same. BEC I 5 1998 Jeff Pag¢~ A.¢.ing Operations Chief EMS Department REVIEWED BY: , ', Date: Diane B. Flagg; £hief Emergency Services Department APPROVED BY: '""('c v ,. Leo Ochs, Adrninistrator Support Services Division ORDINANCE NO. 98. ..... AN ORDINANCE CREATING AND ESTABLISIIING GOODLAND ! HORR'S ISLAND FIRE CONTROL D~STR~C'r; PROVIDING FOR TITLE A~D CITATION; PROVIDING BOUNDARIES OF THE DISTRI~; PROVIDING FOR TIlE C~ATION AND ~TABLISHMENT OF TIlE DISTRICT; PROVIDING FOR TIlE GOVERNING BOARD, POWE~ AND DUTIES; PRO~DING FOR CONSTRU~ION; PROVIDING ,: FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; >.. PRO~DING FOR CONFLI~ AND SEVE~BILITY; AND PRO~DING AN E~E~IVE DATE. ~E~AS, u~n ~c inco~oradon of thc City of Marco Isled, ~c Board of Counb - - ' -~ Commissioners ~ dctc~ined ~t it is in ~e best imcrcsts of thc rcsidcms of Goodland ~d }Io~'s lsl~d ~d ~c citizc~ of Collier Count)' ~at a fire control district for and comprising O~e area knmvn as ~ G~l~d ~d Ho~s lsl~d be crated ~d es~bhshcd NOW, ~E~FO~, BE ~ O~A~'ED BY ~fE BOARD OF COUNt' COM.MISSIONERS ~ .....~. ~,....:. OF COLLIER CO~', FLORIDA SE~ON ONE: TITLE AND CITATION ~ ~ ~ " ~is Ordinate shall bc kno~ ~ the "Goodland / l torr's Island F~rc Control Dmrict" -. $E~ION ~"O: BO~DARIES OF THE DIS~I~ ~e Goodland / Horr's lsl~d Fire Control Datnct ~s hcrcb> created ~ithin thc boundaries described ~ follows: ~at potion &Sections lS ~d 19, Tmvnship ~2 Sou~h, ~ngc 27 East. Collier Counb', Florida lying soulh of Goodl~d Bax wes: of Coon Key P~s ~d north of Bluc Hill Creek, commonly known as Goodland, ....... A~'D ~ ... ~a: potion of "Horr's Isled AK.A, Key Marco" as recorded in Pla; Book 21, pages O through 19, Public Records of Colhcr County Flor;da, .~.. - ?- lying south of Blue Hill Creek. SE~ION ~fREE: C~ATION AND ESTABLISHMENT OF TI tE DISTRICF Puau~t Io Section 125.01, Florida Sm;utes, lhere is hereby created ~d esmblished the ' "" Goodl~d / Hon's Isled Fire Control DistricL SE~ION FOUR: GOVEKN~'G BOARD; POWERS AND DUTIES A. ~e governing board o[ ~ al;strict shall b~ fl~e Board of County Commissioners with the power ~d duty ~o conduct ~ affairs of lhe dis~ric~ w,h thc powers prescribed b)' Section 125.01(1)(q), Flofi~ Statutes, including, but not lira,cd to, thc pox~er rain.in fit~ depa~ent ~e~ice~ within O~e di*Ir~ct; to ~uy, othe~'i~ a~uire, hold ~d dispose of equipment ~d o~hcr p~rsonal or prope~ al r~o~ble times to inspect, comba~ ~d invcstigalc possible Page I of 2 ha, znr~ and occurrences; {o promulgate rules and regulations for thc prevention and control ot'firc and to otherwise protect persons and property within thc d~strict. the Board mlnutcs and shall cause ~o bc levied on all property within the district a millage sufficient collocted as though county taxes. C, Thc Board o£ County Commissioners shall cause to be: (I) Issued all warrants for sc~,iccs, equipment, materials and other expcases incurred by thc district and approved for payment by thc governing board. (2) On or Ixforc thc cad of each fiscal ),ear an annual report of the receipts and expenditures of thc district as requlrcd by Chapter 218. Part Il. Florida Statutes SECTION' FIVE: CONSTRUCTION: This Ordinance shall be liberally construed to effcctuace its public purpose, SECTION SIX: INCLUSION IN THE CODE OF LAWS AND ORDINANCE Thc provisions of this Ordinance shall become and bc mad: a part of thc Code of Laws and Ordinances of Collier Count>'. Florida. Thc sections of thc Ordinance may bc rcnumbcrcd or re-lettered {o accomplish such, and the v.'ord "ordinance" ma}' bc changed to "section," "article." or an,.', other SECTION SEVEN: CONFLICT AND SEVERABILITY In thc evcm this Ordinance conflicts with any other Ordinance of Collier applicable or unconstitutional by distinct and indcpcndcnt provision and such holding shall not alTcc~ thc valid~t} of ~hc remaining porlion. SECtiON ElOm': EFFECTIVE DATE This Ordinance shall become eft'¢ctivc upon filing with the Dcpartmcm of State. PASSED AND DULY ADOPTED by the Board of Count}' Commissmncrs of Collier Count}', Aq']'EST; BOARD OF COUN'D' COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY. FLORIDA BY: BY: BARBART~. B. BERRY. Chairman, Approved as to form and legal sufficiency: David C. Wcigcl County Attorney AGL riot ]EXECUTIVE SUMMARY PETITION NO. ASW-98-1, BLAIR A. FOLEY, P.E. OF COASTAL ENGINEERING CONSULTANTS, INC. REPRESENTING ANTHONY VOIGHT, REQUESTING A 400-FOOT WAIVER FROM THE MINIMUM REQUIRED SEPARATION OF 500 FEET BETWEEN AUTOMOBILE SERVICE STATIONS FOR PROPERTY LOCATED AT 2934 TAMIAMI TRAIL EAST (U.S. 41), FURTHER DESCRIBED AS A PORTION OF LOTS I THROUGH 10 AND LOTS 36 THROUGH 42, ROYAL PALM TERRACE UNIT 1, IN SECTION 1 I, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: The petitioner seeks a waiver of the minimum separation requirements set forth in Section 2.6.28.of the Land Development Code (LDC) if it is demonstrated by the applicant and determined by the Board of Zoning Appeals that the site proposed for development of an Automobile Service Station is separated from another Automobile Service Station by natural or man-made boundaries, structures or other features which offset or limit the necessity for such minimum distance requirements. The petitioner wishes to relocate an existing, non-conforming service station from the northwest comer of the intersection of U.S. 41 and Shadowlawn Drive across the intersection, to the southeast comer of the intersection of U.S 41 and Bayshore Drive. A significant amount of property at the existing Texaco station site was taken to accommodate the U.S. 41 road-widening project currently under construction. As a result, the existing Texaco station in its present location is dysfunctional due to access, internal site circulation, and parking constraints. CONSIDERATIONS: The subject site is located at the intersection of U.S. 41 and Bayshore Drive. The site is 1.93 acres in area and has 345 feet of frontage on Bayshore Drive and 263 feet of frontage on U.S. 41. The site is presently developed with an 1,800 square foot building with three (3) drive-thru islands, and was formally used as a bank. The petitioner's proposed site plan indicates that the bank building is planned to be converted to a convenience store. The pump islands will be located to the rear of the convenience store, and an automotive service building is planned to be located at the rear of the site, behind the pump islands. Access to the site is planned from two (2) existing driveways, one from U.S. 41 and one from Bayshore Drive. The site is surrounded by commercial development to the south, east and west. The site abuts an existing commercial shopping center to the south, a Pizza Hut restaurant to the west and an existing Mobil automobile service station to the east, across Bayshore Drive. Staff's analysis and subsequent recommendation, and the Board of Zoning Appeals determination, are based on specific criteria as set forth in Section 2.6.28. ofthe LDC. These criteria generally address the existence of natural or man-made buffers, or other mitigating circumstances which may help lessen the impact on surrounding properties, especially residential, from the high level of intense use which typically occurs on automobile service station sites. StaWs findings based on these criteria are summarized below. * Thesite is located at the intersection of U.S. 41 with Bayshore Road/Shadowlawn Drive. There is ~existing Texac° stati°n at the northwest comer ofthis intersection which is propose( tobe~oa~~ relocated to the southeast comer provided a separation waiver is granted. There is an e) isting Mobile automobile service station at the southwest comer of the same intersection. Sep ~rat~l~h~ Ii ~4MM~ff ~ ~ 4E~ site and the subject site is an existing 100 foot fight-of-way (Bayshore Drive). Bayshore is classified as a 4-lane collector roadway. Although there are no landscape medians or other natural features to provide additional buffering between the Mobile site and the subject site, nevertheless Bayshore Road is a 4-1ane collector roadway which provides some measure of '~eparation between the sites. Use of the site as an automobile service station should not negatively impact surrounding properties. The project site has frontage on two (2) major road right-of-ways, and the rear and east sides ofthe site abut commercially zoned and developed properties. There are no adjacent residential uses. The automobile service facility will operate during normal daytime business hours. The convenience store and gasoline sales will operate on a 24-hour a day basis. A 24-hour convenience store operation should not negatively impact surrounding commercial development. Under the appropriate conditions of approval of this separation waiver request, the relocation of the ':' existing Texaco Station to the southeast comer of the intersection will result in no net increase in the number of service stations at the intersection of U.S. 41 with Bayshore Road/Shadowlawn Drive. Granting the requested separation waiver under certain conditions will have the effect of eliminating an existing non-conforming automobile service station at one comer within the intersection, and replacing it on a larger site, at a different comer, within the same intersection. The .~,<~-~? larger site will have the ability to be developed and redeveloped in conformity with the current Land :;:~:.' Development Code criteria for the construction of automotive service stations. In some respects, .-.~:a~a,~a}~. development of an automobile service station in conformance with the current criteria as defined in ~'~7-: the Land Development Code, in an of itself creates a buffering mechanism to the nearby Mobile ~ station. The newly adopted development criteria, especially with regard to setbacks and landscape ~ requirements, will assist to reduce negative impacts associated with use of the proposed site for an ,'automobile service station. Relocating an existing service station to the subject site will conform with the purpose and intent of the ordinance in that the high levels of traffic, glare and intensity of use associated with service stations will not negatively impact nearby residential land uses. FISCAL IMPACT. County public facilities. The County collects impact fees prior to the issuance ofbuilding permits to help off-set the impact ofeach new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels ofservice, the County must provide supplemental funds from other revenue sources in order to ,, build needed facilities. GROWTH. MANAGEMENT IMPACT: The granting of this waiver request will have no impact on the Growth Management Plan. AEOLOGICAL IMPACT' analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map '~- ,.., Historical/Archaeological Survey and Assessment is required. ,o..---M-:,~'/'-' '~ 2 DEC 1 5 1998 RECOMMENDATION: ',taffrecommends approval of the wab,'er from separation requirements for automobile sen'ice stations from 500 feet to I00 feet subject to the following conditions: 1. Prior to the issuance ora certificate of occupancy for the subject site, the existing Texaco site located at the north',vest comer of the intersection of U.S. 41 with Bayshore Drive, shall not continue to operate as an automobile service station without first obtaining a waiver of distance requirement as required in Section 2.6.28. Upon approval ora distance xvaiver, and prior to the issuance ora certificate ofoccupancy for this site as an automobile service station, it shall be brought up to conformance with the all applicable land development code rcquircments or "' obtain the necessary variance(s) to the code requirements. 2. The site plan submitted with this application is considered conceptual only. Development of the ... subject site as an automobile sen'ice station shall be required to comply with all applicable Collier County codes. PREPARED BY: "?~SAN MURRAY, AICP ~ DATE CHIEF PLANNER REVIE~VED Ro ALS .. SATE CURRENT PLANNING MANAGER "/- · RiOB~T J. MULHERE, AICP DATE PLANNING SERVICES DEPARTMENT DIRECTOR APPROVFxD BY: ,./ / . VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SVCS. ':%: Petmon Number: AS -98-1, Vmght s Texaco ~i Executive Summary/StaffReport for December 8, 1998 BZA Meeting. "o. - - - ~',,. ~ .. :2. ,. ~a'?'~2~a,~,.. :~ - '~ .... 3 ' D E C 1 5 1998 ~ON ~ OR W~R ~OM SEP~ON ~O'~~NTS ' ;~R A~OMOB~E SER~ STA~ON~ ~O~ TO BX co~~ BY ST~ "" Voigt Pefifioneffs N~me: ~onv :~'~' 2891 T~ ~ail E. Naoles, Florida 34112 F~: N/~ Tel~hone: 774-09~4 :'~ ~ent's Nsme: Bla~ A. Foley, P.E., ~s~l ~q~eering ~nml~ts, Inc. Ag~t'sA~c~: 3106 S.Horsesh~ ~ive, Naples, Florid~ 34104 F~: 643-1143 Telep~e: 643-2324 S~ ~~ ~ey Sub~ion: ~yal Pa~ ~ace U~t 1 ~t (s) Blo~ (s) Section 11 Tx~., 50S ~ge 25E ~ I.D. ~ : ~ COLlaR CO~ CO~ DE~LOP~hW '~ PI ~G SERVI~S/~h~ P~'G ?~.: .... 1'~0~ (941) 403-2400~ (941) ~3-6968 ',~. o7~7 'a ~2:ss BEC 1 5 1998 !? [S:O0 FA/ g41543596S COLLIER CO COIEh'b~ITY DES' {~003 ~;: M~tes & Boun~ D~crlp~on: S~ ~~ ~ey Addr~s of Sublet ~op~: 2934 T~ ~ail ~st Curr~t~u~g~dL~duseofSubi~Parcel: C-3; ~ ~rren~ site consists AdJaccnt ~n~g & L~d Use: :" N N/A U.S. 41 ~st ~ght~f-Way : S E C-3 Pizza ~ -" W N/A ~yshore ~i~ ~qht~f-Way . ~;.~L.. po~ts of ~y ~o lc.ts oc~pi~ by m Automob~c S~ce Sufion, ~ for w~ch a ~e dis~ce ~n ~e project site ~ ~e existing ~bil Se~ice AI~PLICATION ~OR WAI ~ OP $£1'AR~]~ ON ~-- ~6~.~ ~;ie f ~ ~ 07/27 '98 12:55 { DEC 1 5 1998 , [ 13:00 F.~I g41543ege~ COLLIER CO COK~L.~tT%' Waiver of Distance d~vel~m~t of ~ A~mob~e S~ Sm6~ is s~ ~om ~o~ Au~mob~e St~s ~ ~l ~ubseq~nt r~~o~ D~vclopm~t Co~ S~on 2.6.28.4. Please ~ond to 1. D~cn~c th~ na~e ~d ~c of ua~M or ~-~c bo~d~, s~c, ~ o~ f~c ~g b~w=~ ~e propos~ est~m~t ~d ~ ~sfing Automobile S~c¢ Station wNch miy, ~ detained by ~c Bo~d of Zo~g App', less~ ~c p~osed s=dc¢ ~on. Su~ bo~, s~c~c, or o~= fe~c may ~lud~ but not limit~ to, ~, m~shcs, nondevclop~le wcfl~, desi~t~ prcs~c c~ ~d a mlr~m of a fo~-l~e ~ or ~ll~mr fi~t-of-way. ~d ~ exist~9 ~-bbil ~ice S~tion. ~yshore ~ive is a fo~ l~e ~terial wi~ a 6' ~i~. .i,~ 2. Whether or not th~ Automobile Service Station is only engaged in thc servicing of '::"'~:: ": ?'¥ automobilem during regular, daytime business houri, or gin addition to or in lieu of ~ervicing, the station sells food, gasoline and other convenience items during ':" daydm¢, nighttk le, or on a 24-hour bazis. .... The proposed project will consist of a convenience store t~at will ,.~.~ sell food, gasoline and other items. The ~ro,~os_~2. . convenience store ~. and automobile service facility will be in oF~ration during normal ~"'~ ~"':" ' business hours. a,~t~C~,'Tm~ ~O~ W,,a ¥'ER O~ SE~',,a~T~O~,' PAGE 3 0F 6 07,27 '98 12:55 OEO ! 5 1998 FA.I ~.11643e9~8 .COLLIER CO CO.'~IL;.NIT'Y P~', ~uu~ : .... · ! I ~y ~cc~ by a ~v~ay, or flit ~n~ on ~ 2 ~ ~y ~m a ~ pmj~t si~ will ~ acces~ ~m ~ U.S, 41 ~st a~ ~re ~= or not Ibc ~ o f ~c ~ wa~ ~ ~vc ~ proj~t si~ is ~rder~ by r~d right~-~Y ~d mmercial zo~g; ~ a re~lt, adjacent pro~y ~11 not ~ a&z~ly affiX. ' ~u~ f~ ~ Automobile S~icc S~on w~v~ ~ be b~ on ~e ~b~ of~ ~ ~c~or, a ~m pl~ (m~ no ~ ~ 24" X ~ wh~ h j~ a n~ for ~c ~fio~ Amomobflc S~c~ S~on ~ ~c :': ~ ~{m~ic~ of~e aubj<t prop~ . ~ ~ site ~adon Dcmo~c n of compline M~ ~ ~m~ of~ Code Mclu~g location of~e s~cs on hte, 1~~ off-~ p~g, dm c~~ ~M~ d~i~ ~ide~, ~d d~c AI*FL. ICATION FOR WA ~ Or -~Y4'ARATION 1~.,~. I~OR AtrroMolilL .: l;ZP, VlCl! STATIONS ,,., o.~__.,..~__, 07/27 '98 12:55 OEP. 1 5 1998 13:00 FA~ COLL~.,J~.~.~_CO~I1~I'I'~' DEV ~1006 X ~e h~ut of~s) on w~ch ~e p~os~ ~fion ~nB ~ m w~ ~c~s ~ pm~dc~ ~cl i~g ~ ~e ofm~(s), ~o n~b~r offs, ~d ~ loc~ of ~t~on~ ~nd m 1~, m~ 1o~o~ ~d m~ M~, for a 500 foot 'ON SUBM1TTAI, PLEASE INCLUDE FOIYRTEEN COPIES OF TIlE ABOYE APPLICATION AI~, SITE PLAN (MEASURING NO LARGER TttAN 24" X 36~. IN · .~ ADDITION, PLEAS]5 INCLUDE FOURTEEN REDUCED (8 ~ X 11 ) COPIES OF -~,.? TIgE SAME SITE PI AN. AFFLDAVIT F/e//, Anthony Voigt being first duly ~worn, depose and ~ay that we//have ~sses$10~ of the pr,~pcrry de. xcribed herein*and which is the subject matter of the proposed hearing; that ali tht an.rw,.r$ to the q.e. stions in this application, including the disclosure of ~:i.~~i~i~tntere~t information, all .dcitche. s, data, and other zuppIementary matter attached to arid a oi~i~~ lx~rt of this application, a oe honest and ~u~ to the be~t of our knowledge and bdief AZefl uncl' er~tand that the lnforrn~ tion requested on thi~ application mu.~t be complele and accuratalfll2l htaringz will not bt advertised until this application is deemed complete, and all required hax been ~'ubm!'ted. *trader ~ at~acho:l manag~rcan~ acTc~nt ~As ~vroper.'y owner ~e~ fur~her authorize BIMr A. Fol~y; v.<. . cn~-~ . to act as our/my representative in any matters regarding this Petition. Eng±neerLn9 Consultants, Inc. 7~n thon,/ Voigt Typed or Printed Name of Owner ~ef~regoing ins~ment~ a~owledged ~f~re me th~ /~day of ~ · State of Flod~ (~t~e of Notaw Public - State N~ARY PU¢UC ~ATE OF ~ORIDA MY COMMISSION EXP. APR. ~2C~2 (~nt, T~e, or Stamp Comm~sioned Nme of Nora? Public) 07~7 '98 22 %~ ~naid~atLon o~ ~e c~tm herein con~i~, the ' ' ~. ~e ~ hez.~ ~lo~s ~ ~t excl~ively to ~nt, lasts, o~rate, a~ ~ga ~e pr~rtT, ~ 'aulltlng-, a) To ac~p~ ~e ~na~eMm~ o~ ~ Dull~i~ e~, for the ~ri~ an~ ~ ~ ~ h~ein a~Ms to r~l.h~. ~lce. o~ ~. o~anization ~or =eating, leasing, aperitif, a~ ~e~t of ~e ~il~. b) TO ~ep re.record of ~a r~lp~g, ~wa, ~qes a~ ~o reit to ~r capi~ of ~e raoord r~o~. ~ly ~rmti~ wraP--nC m~ y~r-~ will M r~lsh~ ~o ~ ~er ~n r~est. 3. The ~r e~aas to 9ire ~e ~t ~e au~i~y a~ ~w (all oramy o~ ~i~ ~y ~e nm of ~ ~er): " a) To adve~tse ~o availibility for r~tal o~ Buildi~, to dimplmM ~tal wiq~ ~n, ~ a~; si~ le~o for te~ ~t in ~mo of o~ ye~; a~ to r~ev ~d/or ~n~l 1~ vi~out I~lti~al c~e to .b) To Go~I~ ren~s a~ ~ar a~ due r~eip~ ~raform, a~ ~0 d~ll~ all f~s ~re~er ~t's ~t~ial a~t;to tobACCo t~nci~ a~ ~ sign ~ 8~e in ~ ~ of ~m ~ g~ ~tices aa are ~cm a~ ~o recove~ ~memsi~ a~ r~ver o~r m,,-T due; and.~an e~ien~, co ae~lo, c~iae, a~ reAease ~r~ a~l~ or sui~s or reinstate s~ ~e~ncieo. ~.~...,. c) ~ ro~u~ to te~ts, or ~p ~or repairs, "- le~rity ~ait8 at ~ ~lration o~ l~aes. The 9416435149 DOMINICU~ RIHS e) TO ~e ~ntr~8 for e~C~ty, Y ''" f) TO h~re, disease, ~ ,- ~loyee~ ra~r~ for ~e ~at~o~ prope~y a~ e~l~ee ~; to ~ay ~p~ ass~s~ts;~ ply a~ place Alabll~y, rxre, eAeva~er, o~ ~xx~, a~/or any o~r ~a~ ~ent ~all ~U n~ua~. ':J :?" debt~ ageinw~ ~a~ro~rty fr~ ~weem or~it~ a~ tabita ~11 ~ ratai~ ~ ~t u S. ~io a~e~nc s~ll ta~i~o ~n ack.ncc vl~ ~ole , XV, ~c~ra~ 4,x o~ ~e A~OIOXTIOM 6, ~ls ~~nC shall ~ bl~i~ u~ COASTAL ENGINEERING CONSULTANTS i:tF'C: IV D ~ SERVICES Scptcmb¢~ lO, { A~1~'98-01 Ms. Susan Murray, Planner Collier County Communhy Development & Environmental Services 2g00 N. Horseshoe Drive Naples, Florida 34104 RE: Voigt's Texaco Petition for Waiver from Separation Requirements CEC File 98,171 Dear Susan: Please find enclosed the foJlowing i~cms for ~hc Petition for Waiver from Separation Rcquircmcms submiual for thc proposed o~[ s Texaco project: !. Check in the Amount of' S425.00 for the A?plicaion Fcc: 2, Fourteen (14) Cover Letters: 3. Fourteen (14) Applications w/Management Agreement Attached: 4. Fourteen (14) Site Plans; 5, Fourteen (14) Reduced Site Plans; 6. Fourteen (14) Reduced Intersection Exhibits; 7. Four (4) Landscape Plans; 8. Four (4) Boundary Surveys: 9. Two (2) Sets of Building Elevations: 10. Two (2) Sign Elevations: I I. One (I) Warranty Deed. The project site is in compliance with all requirements or the newly adopted gasoline service station LDC language except thc separation requirement, Our request for a variance to the separation requirements is based on the following: Firstly, our client, Mr. Anthony Voigt. currently owns the existing Voigt's Texaco located on the northwest corner of U.S. 41 East and Bavshore Drive. A significant amount of this property has been taken by the Florida Department of Transportation (F.D.O.T.) to accommodate the U.S. 41 road-widening project currently under construction. As a result, the existing Voigt's Texaco site no longer provides a viable location for a service station due to access and internal circulation constraints. ',~ .- - _,/"/C. .DEC 151998 3106 S. HORSESHOE DI~IVE · NAPLES, FLORIDA 34104 · (941) 643-2324 · FAX (941) [43-1143 I ~. /.3 Ms. Susan Mun'ay September I0, 1998 Page 2 Secondly, the development of the project site as a service station will occur concurrently with the sale of the existing Voigt's Texaco. As discussed above, the existing Voigt's Texaco site is not an ideal site for a service station and would most likely be redeveloped :. as a new use. <~ Finally, the project site and the existing Mobil Service Station to the ',vest are separated ~": :<: by a four lane arterial right-of-way with a 6' median, which is a major "structure." This :~:' meets the requirements of a variance as outlined in the newly adopted gasoline service station regulations. If you have any questions or require additional information, please contact Blair Foley or Sincerely. COASTAL ENGINEERING CONSULTANTS. INC. ~.I. "98171\Variance Cover Letter uc .., <._.. ;~, :?, ..... DEC 1 5 1998 ::;ii. LOT .3 6 1 9 4 1 0 1 0 18 ,~. EXIST. 17 6 XACO 16 7 1,5 1,5 8 14 < 9 15 c/') 16 16 MOBIL 17 17 :::: OAS (-E'. 18 18 ~ STATION ,Cz 19 1 2 (/'/ ± _Lq ., 6 PROPOSED : LOT 37 7 TEXACO 39 8 SITE 4o C-4 ~0 42 ~ 1 43 . ~EC n.,- 12144 0 SEP 1 ~i 199S-T' 13.5 4,.5 on C-1/T >-. 14146 ~S~V~:ES <:: 15 47 MH · A$~'98-0] 16 48 D~: ~/~/~ VOIOT'S TEXACO ~: o~ SURROUNDING NING & LAND USE MI,P['~t~ ~ 98.171 COASTAL ENGINEERING CONSULTANTS, INC, ~ ~ 98171-VAR'~ 6 FCR A 400 FOOT WAi ........ ,':.: :."'~./. i.HE ':~J .... '. '::.LE ~'="~" : .......... FOR 9 HEPE.::;:FT£?. 2,~.r..=:.~ i:: CCLL.ER CGU:iTY, 10 FLOR l 2A. I1 13 WHER--:£, th~ '~isla~ure ct '.h~ State mt ...... .~ ..... Florida in Chap%er 125, ~4 Florida £%atu%es, has ccnfe:rel cna'' counties in Florida %he power 16 re~ula~isns as ara. necessary f~r 'n,- rrc-,.--~c~ c- the public; and 17 WHEFEA2, t.le C:.':nty FurSuan: :~.r=re:: has adcpte~ a Land 18 2~-"~.' .......... S~. irs. '.Cs. ~i-i~2 ',:n~?. -.:'aci~shes regulations for ' ................ ' -.~:.4. ~. :ne Lan= we','elopment Code for 22 the ur.:::a'zr~z:'aze~ ac'e5 ~t ~--.~ .......... ...... : er. az',:~rs the Board of Zoning .e~.__=o separation of 24 5:5 fe .... :~--',.',-..- :- ...... :e ?::'.'::e stir:ins; and '; ........ =.~:.- ....... Lan: 3~'.'e!osme-, Code for 26 the ur. lr.c:rF:ra:e~ are~ cf Cell:er Ccun:v further ~.rcvides the 27 cr:ter:a k5. which :=.a e'.'aiua~;cn ts wa:va ail cr ~art of the minimum 28 ci~'~--:. ~ ..... r,--~.-- '' t~ raze ......... ~ .......... SY.~. ~ _ ; all 29 ', ....... ~ - ............ :-~ ~f %ne area ~re~y a~f~---~-' -~e ~-j a ~ . .~. - 31 hearth} el%er ncr:ce as ~n sa2~ re?zlat23ns made ar, a ~rovided, and has 32 ccr. siae:-e<: tr.e a~'.'~sasli:%y sf 7ran%~n~ the wal'/er cf the 500 foot .... 33 :~-=ra%icn faculty, m,.~- ke%ween ser'.'ice statisns ~"- a servlce s~ation :'~.-: :, 34 l~2a-~~ C/, -~r. ~r~e:'%y ~-~ -"- .: ............ n=..er ~es~r~e~, an~ has found as a 35 ma~er cf : .... ' - .~-~ _n=% satisfactory ~rs'.'2slcn anl arranqemen~ have bee~ 36 made csncern:r.u all aus':cab!e ma%'~-: -~c..~-~-~ ~.. said regulations 37 and in arrsr~ance w::h Section 2.6.2~.4. cf %he Land Development 39 ;';HERE.:,3, a'' :r.:eres:e~ Far:cas n~'.'e been g:','er, an opportunity to , . . AGENDA IT~.' 40 be heard ?,' this ~.a~rd :r. pu=~: meet!n; assem~ied and~the 41 ha'/cng cons:dare: a'' r. atters presenued; 4 Ccas%a~ =~r~ .... ~'~n:ui~an%s, 'n~ , an ~eha~f cf Antkcny Vci~%, 6 8 Pair.. Terrace Unit i, as reccraes ~n ~ia% 5ook !, Page 35, of 9 the ~utlic ~ezzrCa cf Collier C~un%'/, ~lorida. ~0 II 5= an~ %he ~ar.e ;.e~-'' is a~.~rc','e~ ~-~ a waiver cf 400 fee~ from 12 minimum se~ara%~n requiremen~ f&r ser'.,~ce s%a%icns of 500 fee~ 17 24 25 ATTEST: 5C.RFi :F Z2:;!N3 A.~EA. LS 26 CWiGH7 E. 5P,,3~?:, iLEF. K ................ FLCRi~- 36 M.RP, JC~iE >:. 37 ASSiSTA::? :':U::':':' 40