Loading...
Agenda 05/05/1998 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA Tuesday, May 5, 1998 9:00 A.M. NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS blUST REGISTER WITH THE COUNTY ADMI~/ISTRATOR PRIOR TO THE PRESENTATION OF TIlE AGENDA ITEM TO BE ADDRESSED. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY ADMLNISTRATOR AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETi~'G AND WILL BE HEARD UNDER "PUBLIC PETITIONS". ANY PERSON WllO DECIDES TO ,~.PPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS blADE, WHICH RECORD LNCLUDES THE TESTIblONY AND EVIDENCE UPON WIIICIt TIlE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE ($) blINUTES UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTED BY TIlE CIIAIR31AN. ASSISTED LISTENING DEVICES FOR TIlE IIEARING LMPAIRED ARE AVAILABLE IN TIIE COUNTY COblMISSIONERS' OFFICE. LUNCtl RECESS SCllEDULED FOR 12:00 NOON TO h00 P.M. I. INVOCATION - Res'. El~'ood Kern, Naples Church of Cod 2. PLEDGE OFALLEG~NCE $. APPROVAL OF AGENDA AND CONSENT AGENDA 4. APPROVAL OF M'INUTES A. April I4, 1998 - Regular meeting. S. PROCLAMATIONS AND SERVICE AWARDS A. PROCLAMATIONS 1) 2) Proclamation proclaiming the week of May 3-9, 1998 as Collier County Tou rism Week. To be accepted by John Ayres, President of Visit Naples. Proclamation proclaiming Saturday, May 9, 1998 as National Association of Letter Carriers' National Food DHve Day. To be accepted by l. Jnda Kelley, Food Drive Coordinator. Ma?. 5, ! 998 Bo Co SERVICE AWARDS 1) Das'id Becket - EMS - I0 years. 2) John Kat-z~nberger - EFIS - I0 years. 3) Eric Cline - Water Department - I0 ycar~ 4) Sandra Garrett - Department of Resenue - $ years. $) Armando Lago - Road & Bridge - 5 year~ PRESENTATION5 1) Presentation commemorating the ?$t~ anniversary of the creation of Collier County, presented by Museum Director Pon Jamro. APPROVAL OF CLERK'S REPORT A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES. PUBLIC PETITIONS COUNTY ADMINISTRATOR'S REPORT A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES I) Report to the Board of County Commissioners regarding current and proposed procedures applicable to requests for waiver of established development review and building permit fees. 2) Jerr~ F. Kimbrell, representing the lmmokalee Ministerial Association, requesting a waiver of the fee for a right-of-way permit, for an event in lmmokalee, FL. Albert and Germaine Von Steinner, requesting a waiver of the fee for an administrative variance for a dock at 339 Landmark Street, Marco Island, Florida. 4) Victor A. Valdes, rep~ ,:seating Benita GaHbay, requesting a waiver of the fee for a re~one petition, f.~r property in Immokaiee, Florida. 5) Extension of lnt:rlocal Agreement between Collier County and the City of Marco Island for the County Planning Sersices Department staff to provide planning services to the Marco Island Planning Board aud Marco Island City Council PUBLIC WORKS PUBLIC SERVICES SUPPORT SERVICES I) This item has been deleted. 2 ~y 5, 1998 11. 12. 13. 2) Approval to amend Sol;d Waste Mandatory Collection Ordinance ~'0-.10, -. amended, and incorporate said amendments Into existing Franchisee Service Agreements with 'vVa~te Management, Inc. and lmmokalee Disposal COUNTY ADMINISTRATOR F. AIRPORT AUTtIORITY COUNTY ATTORNEY'S REPORT BOARD OF COUNTY COMMISSIONERS A. Discussion regarding Marco Island Coast Guard Station (Commissioner Norris) B. Di~cusslon and consideration of re~olution and draft ordinance on ethics adopted by the Collier County Republican Execufire Comm~ .~ee on April 6, 1998. C. Recommendation to extend the Lake TralTord Restoration Ad Hoc Ta~k Force through May 7, 1999, and re-appoint/appoint memberx OTHER ITEMS A. OTHER CONSTITUTIONAL OFFICERS B. PUBLIC COMMENT ON GENERAL TOPICS PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS 14. 15. 16. ADVERTISED PUBLIC HEARINGS - BCC COMPREHENSIVE PLAN AMENDMENTS B. ZONING AMENDMENTS C. OTHER BOARD OF ZONING APPEALS A. ADVERTISED PUBLIC HEARINGS B. OTHER STAFF'S COMMUNICATIONS BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS CONSENT AGENDA - AJI matler~ lis~ed under this Item are core,tiered to be routine and action will be taken by one motion without separate di~cusslon of each item. If discussion ia de~lred by a member of the Bo&rd, that item(s) will be removed from the Consent Ak, enda and considered separately. 3 May 5. 1998 Bo Ce COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Deferral of one hundred percent of the impact fees for 101 units of a 168 unit affordable housing project known as Arbor View Apartments Affordable Rental Unit~, to be built by a Florida Limited Partnership, and subordination of lien. 2) Request to approve for recording the final plat of'Wildcat Cove Two" *nd approve Ihe vacation of a portion of Sterling Oak~ Drive, and portions of the plats of Sterling Oak~ and Wildcat Cove, petitions AV-97-,024 and AV-97-026. 3) Request to approve the final plat of "Vanderbilt pine~" 4) Request to approve for recording the final plat of "Huntington Lakes Unit Four" 5) Assignment Agreement for easement for Pelican Marsh, Unit 13 6) Assignment Agreement for casement for Pelican Marsh, Unit 15 PUBLIC WORKS 1) Approve Change Order No. I ~itb Mid-Continent Electric, Inc. for additional cons/ruction ~cr'vices for Sugden Park, Bid No. 97-2731. 2) Appro~'e Change Order No. I to Work Order #CDM-FT-98-3 for Odor Monitoring and blodellng Stud)' of the Naples Landfill and the South County Regional Water Treatment PlanL 3) Accept Conveyance of a Utility Easement and Temporary Con~tructlon Easement for utility and maintenance of ~ewer and water lines to Sugden Regional Park. 4) Approval of a Utility Facilities Reimbursement Agreement with NTC Development LTD. Accept proposal by Kyle Conrlructiou, Inc. to conslruct the Collier County Water-Sewer Di~lrict and City of Naples Water System Interconnect, Project No. 70040. PUBLIC SERVICES SUPPORT SERVICES I) Approval of a Third Amendment to Lea.~ Agreement with the Collier County Agricultural Fair and Exposition, Inc. (Collier County Fair Board). COUNTY ADMINISTRATOR 1) Budget Amendment Report BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE May 5. 1998 1) ~;atis'factlon of Lien: NEED MOTION authorizing the Chairman to Jig~ Satisfaction of Lien for Servicts of the Public Defender for Ca.se Nos.: 91-4437- "FMC, 9 ]-1694-MM.A, 88-691-CFA, 91-1291-IT, 90-1582-TM, 664 l-TM, 88-:30 ! 4-TM, 90-4932-TM, 90-542 I-TMC, 92--6939-MNLA, 95.-524- CFA. H. OTHER CONSTITUTIONAL OFFICERS L COUNTY ATTORNEY I) Recommendation that the Board of County Commissionerl a~ ez.-ofl'~clo the governing body of the Collier County Water-Sewer District approve the Stipulated Final Judgment relative to the easement acquisition on Parcel No~. 904A, 704B, 904B, 704C and 904C, Richard L. Jaeger, Trustee in the lawsuit entitled Collier County v. t4/iHiam ,4. Kinsley, et al., Case No. 96-1315--CA..01- DRM. (North County Regfonal Water Treatment Plant 8-MGD Wellf~eld Expansion Project, 70~59/70828). J. AIRPORT AUTHOR/TY 17. ADJOURN INOUFRIES CONCERNING CHANGES TO TIlE BOARD'S AGENDA SItOULD BE MADE TO THE COUNTY ADMINIST ,RA, TOR'S OFFICE AT 774-8383. 5 May 5, 1998 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING MAY 5, 1998 ADD: ITEM 8(A)6 Approve funding A.S.A. Properties In-Line Skating Competition $40,000 in Tourist Development Funds. (Staff Reqnest) ADD: ITEM 10(D) Appointment of Commissioner to the Noise Compatibility Committee (Commizsioner Berry) (Staff Reques0 DELETE: ITEM 8(A)3 Albert and Germaine Yon Steinner, requesting a waiver of the fee for an administrative variance for a dock at 339 Landmark Street, Marco Island, Florida. (Staff Request) DELETE: ITEM 16(A)2 Request to approve for recording the final plat of ~'Wildcat Cove Two" and approve the vacation cf a portion of Sterling Oaks Drive, and portions of the plats of Sterling Oaks and Wildcat Cove, petitions AV-97-024 and AV-97- 026. (Staff Request) PROCLAMA TION WtlEREAS, the travel and tourism industry supports the vital interests of Collier County, contributing to our employment, economic prosperity, peace, understanding, and goodwill; and I~tlEREA$, travel and tourism ranks as one of Collier County's largest industries in terms of revenues generated; and WHEREAS, approximately 3.000. 0,90 travelers visiting Collier County contributed 27.53% of the annual tarable sales to the economy in 1997; and WHEREAS, those trm'elers provided jobs for approximately 22, 000 citizens in Collier County: and IFttEREAS, travel and tourism praV ides 'emplo) Vne ~t'fOr.. more people than an othe[' gtven jh~e.~dable contrtbutto~ to the~e~no~t¢ ~al, and cultural well. oemg 0I~ cmzens ¢Cqllier Coun¢,. tt is~tffng t~ ~e recognize the ImPolite of trm;~l ahd tourism..:~..'.,'.'::;:.'.::; ..... ~¢~,~ ;, . ~ ; .' . : ,.~ ..,~ ..... ~ ~r~,~ ..~.:'~ ' ~ ~ .... , , - ' ' -., '. . .... .~;', ~ , .:.,,., ,, .:,.,,,~.....~[...,.. '~ ~'" ~.~ OJ ~t proc/aimed by' the ~d of Co~n~ Commt~ "~.. _~'.~.:~.~:~[ ~ '~' -~2' ',' 5 ' ~,' ~,,, ,' NO W TttEREFO~, ~'b~' ' toners of Collier C'o~,(~]orida: t~ 'the.,~ 'eek hiMS'.7-9, 1998 be.~[m~a as DONE AND DWIGHT E. BROCK, CIJ..'R.K BARBARA B. BERRY, CHAIRM~ PR OCLAM.A TION WHER£A& The National Association of Letter Carriers has identified a need in their communities and are acting to help through a national food drive: and WtlEREA& postal employees in Naples and Marco are participating in this food drive for the sixth consecutive year; and WHEREAS, the food given in this food drive will be donated to Collier Harvest to meet the needs of the county by supplying the many local food pantries which serw the hungry and homeless; and WtlEREAS, last year our area ranked with the top 200 branches natiomvide in collecting over 80, 000 pound~ o f food from postal customers in Naples and Marco; and ~IrHEREAS, Collier County is proud ro thank ail those who donate food and the postal emp, loY~ks i{,h~'pitt it, the extra eff°rt'thb't m~kts each year a success. 2VOW rnee,rova i" 3 i~ ~roclaimed by the Board of County Comm!ssi~oners of Collier ~ .";C'f';;,.,'~~ ,' ~, ~. . :: ,~ ,,.,,.~,~' ~~orida, th~at,Xaturday, May 9, ' '?fN'J["q"/'t 3'. ' ,' ' · ' ' ', :.Y, TIONAL'A$$O(IATIOhi OFI. ETTER '~ '::."'~ ~.5~:i.~(;~.,. :NA TIO?/A~ FOOD D~DA Y ' 'THIS 5Ih D~'bfMav, 1998 DONE AND 0~~ ......... · A TITXT: CLERK AGENDA ITEM HAY- 1998 EXECUTIVE SUMMARY REPORT TO TIlE BOARD OF COUNTY COMMISSIONERS REGARDING CURRENT AND PROPOSED PROCEDURES APPLICABLE TO REQUESTS FOR WAIVER OF ESTABLISHED DEVELOPMENT REVIEW AND BUILDING PERMIT FEES. OBJECTrlVF,4 To provide a comprehensive report to fne Board of County Commissioners (Board) regarding current procedures for processing fee waiver requests and to provide the Board with staff recommendations for consistent procedures for processing requests for fee waivers for certain development related activities for which a specific fee has been set forth in the Development Services Schedule of Fees (Resolution 96--594). CON$1DE.RATION: Revenues for 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 a 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 (113). Applicants requesting a fee waiver have, in the past, been directed to request Board consideration of such request by public petition. Since the Board policy is that no action be taken on a public petition item at the meeting in which the petition is presented, the applicant was directed to provide any pertinent information to the appropriate staff, who would then prepare an executive summa,'3' for the Board's con3ideration. Recently, by direction of the County Administrator, requests for waiver of development and building permit fees are processed directly by the applicable Community Development & Environmental Services department (Building Review and Permitting, Planning, etc.). This alleviates the necessity of requesting such waivers via public petition. In this way the Board will only hear the request one time. Under current policy, there is no circumstance in which staff is empowered to administratively approve a fee waiver request. Neverthe:ess, there has been a long-standing policy in place with respect to recurring annual fee waive[s for right-of-way permits (to place temporary signs within the fight-of-way) which, in practice, oversteps the staWs admini$trative authority. Applicants who have been granted a waiver of right, of-way permit fees to place temporary signs within the right-of-way have been administratively granted the fee waiver for consecutive annual requests which are the same in nature as the original waiver request granted by the Board. Although staff indicates that this has been policy for many years, this process is problematic in several ways. First, as previously stated, I am of the opinion that staff has not been granted authority to waive fees. Second, in these cases, this process does not address ;puPn~l~!i~i.~ procedures; i.e., there has been no tran';fer of funds from the General the Community Development Fund (113). Third, this policy does not provide for a maximum MAY 0 5 1998 number of years after which an applicant would then be required to re-request the fee waiver from the Board. The following table illustrates the number and types of development review and building permit fee waivers granted by the Board over the past three years. Impact fee waiver or alternative fee calculation requests are handled independently and are not part of this procedural review. Year Petition Type Established # of Waivers Fiscal Fee Granted Impact 1995 Temporary Use Permit $75.00 10 $525.00 ROW Permit* $75.00 9 $675.00' Building Permit varies 0 $0.00 Carnival Circus Permit $200.00 5 $1,000.00 Land Use Petitions varies 0 $0.00 Total 1995 19 $2, 200. 00 '! 996 Temporary Use Permit $75.00 8 $600.00 ROW Permit* $75.00 12 $900.00 " Building Permit ' ' varies I ~ $36.00 Carnival Circus Permit $200.00 5 $1,000.00 Land Usc Petitions varies 0 $0.0~' Total 190~-' I 21 S2, 536. 00 1997 Temporao' Use Permit $75.00 t 9 $675.00 ROW Permit S7.5.00[ 12 $900.00 Building Permit v~,rics 0 S0.00' ~ Carnival Circus Permit $200.00 2 $400.00 Land Use Petitions varies 0 $0.00 Total 1997 17 $1,975. 00 Total '95,'96,'97 57 $6, 711.00 * This includes ROW permits for temporary signs in the ROW that were administratively approved. As indicated in the above table, the great majority of waivers of development review and building permit fees approved by the B~ard have been for temporary use and ROW permits to place temporary signs within the ROW. There have only been occasional waivers of building permit or land use petition fees. FISCAL IMPACT: Based on staff research, the average annual fiscal impact resultant from these types of fee waivers is $2, 200.00 per year. Of course th.is amount could be significantly higher ifa building permit or land use r~etition fee is waived. GROWTH M,ANAGEMENT IMPACT: Any policy decision'~ made by the Board with respect to processing and reviewing fee waivers will have no impact on the Collier County Growth Management Plan. STAFF RECOMMENDATION(S]: Scarf r,x. ommendations are a; follows: MAY 0 5 '{998 ,. ~. t~ That Resolution 96-594 establishing thc Schedule of development review and building permit fees be amended to expressly provide for the Board~; ability to approve fee waivers and to set forth the procedure for requesting said fee waivers. That requests for waivers of development review and building permit fees continue to be submitted directly to the appropriate Community Development & Environmental Services Division staff, who will prepare an executive summary for consideration by the Board. a) b) c) That such requests include a statcmcnt indicating the reason for the fcc waiver request and the nature of the organization requesting the fee waiver. That the Board consider allowing fee waivers for Temporary Use Permits for special events and for ROW permits to place temporary signs within the ROW which are recurring, subject to the following criteria: Fee waivers for recurring events within any 12- .month ~efiod.~ The Board may grant a single fee waiver to cover multiple recurring events within any 12- month period provided the number of events during that 12-month period does not exceed 12 and that no more than one event is scheduled in any 30 day period. Fee waivers for recurring annual and semi-annual events, The Board may grant a single fee waiver to cover multiple recurring events within any 3-year period provided the total number of events does not exceed 6 and that no more than 2 events are scheduled within any 12 month period. Limitatio.ns on fee waivers for...recut~ events. Requests for waivers of fees for recurring events shall specie? the number of events and approximate date or expected occurrences of such events. Events exceeding the number or time fcames approved by the Board shall require the submission of a new request for fee waiver. Due to the relatively low to'.fl annual dollar amount of fee waivers, staff I of the opinion that a separate budge: line item is not necessary. Rather, with each executive summary requesting a waiver of development review and building permit fees, staff will identify the fiscal impact of such waivers on the General Fund Reserves (001) year-to-date. SUBMITTED REVIEWED BY:,//~/~ ~ Date: /~2z/P ~ · R~oert J. Mulhere, AICP Planning Services Department Director rvjncent A. Cautero, AICP Community Development & Enviromnental Services Ad niniatrator ~AY 0 5 1998 EXECUTIVE SUMMARY JERRY F. KIMBRELL, REPRESENTING THE IMMOKALEE MINISTERIAL ASSOCIATION, REQUESTING A WAIVER OF THE FEE FOR A RIGHT- OF-WAY PERMIT, FOR AN EVENT IN IMMOKALEE, FLORIDA OBJECTIVE: The Petitioner requests a waiver of the required $125 application fee for a right-of-way permit for a temporary street closure on May 30, 1998 in Immokalee. CONSIDERATIONS: The Right-of-Way Ordinance (Ordinance 93-64) identifies the need to temporarily close County rights-of-way for cedain special events. Tho required application fee for such a permit is $125. The Immokalee Ministerial Association plans to organize the 1998 March for Jesus, in conjunction with the national March on May 30, and requests the fee waiver on that basis. FISCAL IMPACT: The required application fee for such r. permit is $125. If the fee waiver is granted, it will be necessary to transfer funds from th, ~ General Fund (001) Reserves to the Community Development Fund (113) to defray th6 review and processing costs of the right-of-way permit. At the time of the preparation of this Executive Summary, the Board has approved development and building permit fee waivers in this fis~l year totaling approximately $675. Several additionRI requests for fee waivers are pending for Board consideration on Apdl 21, 1997 and two additional fee waivers are scheduled to be considered at the May 5, 1998 BCC m,aeting. GROWTH MANAGEMENT IMPACT: None. AGENDA n'EM HAY 0 5 'B98 RECOMMENDATION: Fee waiver applications may or, iy be approved by the Collier County Board of County Commissioners. Since fee waivers are requested by a wide variety of individuals and organizations, for various reasons, it is necessary for the Board to evaluate the conditions and reasons which underlie the fee waiver application on a case by case basis. Therefore staff can only recommend denial for fee ~raiver requests. PREPARED BY: FRED_~EISCHL CURRENT PLANNING I~VIEWED By~ RI~NALD ~ NINO, AICP CURRENT PLANNING MANAGER DATE DATE ROBERT J. MULHERE, AICP DATE PLANNING SERVICES DIRECTOR VINCENT A. CAUTERO, AICP DATE COMMUNITY DEVELOPMENT & ENV. RONMENTAL SERVICES ADMINISTRATOR EXECUTIVE SUMMAR. Y/P, OW PERMIT FEE WAIVER ,MAY 0 5 1998 COI,I, R ADMINISTRATOR'S OFFICE April 8, 1995 3301 E. TAMIAMI TR. NAPLES, FL 34112 (941) 774-8383 FAX (941) 774-4010 A CERTIFIED BLUE CHIP COMMUNITY Jerry F. Kimbrell lmmokalee Ministerial Association 1411 Lake Trafl'ord Road Immokalee, Florida 34142 Dear Mr. Kimbrell: This will acknowledge receipt of your request for a waiver ora permit fee to conduct the "1998 March for JESUS" in lmmokalee, Please be advised that your request has been forwarded to the Collier County Community Development DMsion and will be presented to the Board of County Commissioners as a staff item as soon as it has been reviewed. You will be contacted by start'and advised ofthe date scheduled for the presentation. If you have any questions regarding the above, please c~o not hesitate to contact this office. yours, County Administrator RFF/BP Community Development Division County Attorney MAY 0 5 1998 EXECUTIVE SUMMARY ALBERT & GERMAINE VON STEINNER, REQUESTING A WAIVER OF THE FEE FOR AN ADMINISTRATIVE VARIANCE FOR A DOCK AT 339 LANDMARK STREET, MARCO ISLAND, FLORIDA OBJECTIVE: The Petitioner requests a waiver of the required $200 application fee for an Administrative Variance for a boat dock facility at 339 Landmark Street cn Marco Island. CONSIDERATIONS: Section 2.6.4.2 of the Land Development Code permits administrative approval ot' minor after-the-fact yard encroachments subject to certain criteria. The Petitioner states that the subject encroachment meets the criteria for an Administrative Variance, however, at the time this Executive Summary was written, no Administrative Variance request had been received. Resolution 95-64 established a schedule of development related review and processing fees which identifies an Administrative Variance review fee as $200. The Petitioner requests a waiver of that fee for the following reason: he is a cancer and heart patient and requires eleven pills daily. It should be noted that the Petitioner has filed a complaint against a neighboring property owner for an encroaching dock. This has resulted in that property owner filing a $425 variance request which is scheduled before the Marco Island City Council. FISCAL IMPACT: The required application fee for an Adrr~inistrative Variance is $200. If the fee waiver is granted, it will be necessary to transfer funds from the General Fund (001) Reserves to the Community Development Fund (113) to defray the review and processing costs of the variance. At the time of the preparation of this Executive Summary, the Board has approved development and building permit fee waivers in this fiscal year totaling approximately $675. Several additional requests for fee waivers are pending for Board consideration on April 21, 1998 and two additional fee waivers are scheduled to be considered at the May 5, 1998 BCC meeting. AGF~DA ITEM HAy 05 1998 W,,,. / - GROW"tH MANAGEMENT IMPACT: None. RECOMMENDATION: Fee waiver applications may only be approved by the Collier County Board of County Commissioners. Since fee waivers are requested by a wide vadety of individuals and organizations, for vadous reasons, it is necessary for the Board to ev..',luate the conditions and reasons which underlie the fee waiver application on a case by case basis. Therefore staff can only recommend denial for fee waiver requests, PREPARED BY: FRE~.~UEISCHL - CURRENT PLANNING ,/'~ EWE D BY: CURRENT PLANNING MANAGER DATE DATE ROBERT J. MULHERE, AICP DATE P~SERVICES DIRECTOR VINCENT A. CAUTERO, AICP DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR EXECt]TIVE SUMMARY/ADMINISTRATIVE VARIANCE FEE WAIVER 2 MAY 0 5 1998 339 landmark St Marco Island Fi. 34145 April 13th 98 Ms. M Arnold, mgr of code enforement 2800 N Horseshoe Dr, Naples Fl. 34104 Dear Ms. Arnold My wife Germaine yon Steinner & myself hereby request a complete waiver( adminstration waiver) of the $ 200.00, which is the nor- mal price, however as we have advised you before I am a cencer & heart patient and have a ruff.' time, especialy due to my 6 cancer & 5 heart pills per day. Thereforth we plead that this $ 200. fee will be dropped ( bk. 188 lot # 8 unit 7. We are thanking you in advance for your help in this case as this dock was installed a good ten years ago by Day Tripp & etc,how- ever since our new neighbor has lodged this complaigt of about 2" ober the 32 Ft dock. Its a true shame that this ne~'neigbor has taken this position. Albert & Germaine yon steinner copy for my records MAY 0 5 998 EXECUTIVE SUMMARY VICTOR A. VALDISS, REPRESENTING BENITA GARIBAY, REQUESTING A WAIVER OF THE FEE FOR A REZONE PETITION, FOR PROPERTY IN IMMOKALEE, FLORIDA OBJECTIVE: The Petitioner requests a waiver of the required application fee for a rezone petition for property located in Immokalee. CONSIDERATIONS: Code Enforcement action has resulted in a situation where the property owner must remove a mobile home from the property ,.,r rezone the property to an appropriate zoning district. In either case, the subject structure will need to be replaced or refurbished in order to meet building and life .~ afety codes. The Petitioner states that the property owner has agreed to request a rezone the subject property, but does not have the money for the required rezone epphcation fee ($1,800 plus $25 per acre) and is requesting this fee waiver on that ba~ 's. FISCAL IMPACT: The required rezone application fee is $1,800 plus $25 per acre. If the fee waiver is granted, it will be necessary to transfer funds from the General Fund (001) Reserves to the Community Development Fund (113) to defray the review and processing costs of the rezone petition. At the tir,~ of the preparation of this Executive Summary, the Board has approved development and bui{ding permit fee waivers in this fiscal year totaling approximately $1400. GROWTH MANAGEMENT IMPAC'I" None. ¸'0 RECOMMENDATION: Fee waiver applications may only be approved by ~he Collier County Board of County Commissioners. Since fee waivers are requested ;':..~ a wide vadety of individuals and organizations, for vadous reasons, it is necess;,,y for the Board to evaluate the conditions and reasons which underlie the fee wa .'er application on a case by case basis. Therefore staff can only recommend denial ;Jr 'iee waiver requests. PREPARED BY: FRED CUR-RE~NTSCHL PLANNING DATE RoNA~.l~ F. NINO', ATCp CURRENT PLANNING MANAGER DATE DATE -~OBERT J. MULHERE, AICP PLANNING SERVICES DIRECTOR VINCENT A. CAUTERO, AICP DATE COMMUNITY D~./ELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR EXECi, YTIVE SUMMARY/FEE WAIVER 2 MAY 0 5 1998 L~S tt~.CI~tES t~.~: pr.~ al Ma~3~ 23, 19gx Mr, Reber~ County Administralor Collier County N~les fl, 34 i 0 REF; Pubhc Pclmon. Tr~lcr in [mmokalee's Area. WAVE OF FEE. Dear Mr. Ferrmnd~z On Febn,ary 7, 1998 ! was in front of Collicr County Boezd of Commts.~ioners on Item # 7A regarding the u~ ora trailer in immoir~ee and after · discussion on the Item The Commissmners :hrcctcd thc sail'to handle thc mattcr. The Code Enforcement's st~ff and my self, [~fing Garil:~y fa,ally! reach to an aSrccmcnt. "The family will request · zone change, but the family do not have the money for the fees." Due that thc trailer is in thc site, bcfore thc code developed ~ enacted is not fair to cl~'gc money for thc fees. bct thc owner kccp his property, letting the poor havc theirs cfi'cams cornc truth. Sincerely, -'~-K-tar A. Vald~ Minorities Right~ Advoc~e. CC: Mrs. Benim Ga.nb~y. Atmey:. R.e~ro Revem~: Damo Zudt~. Las Nacioncs News. ~ A. Yakl~, h ual mm .tierney. kc b a Jomrn~lbl and a Community Acttviet EXECUTIVE SUMMARY EXTENSION OF INTERLOCAL AGR£EMENT B£'I%VEEN COLLIER COUNTY AND TH£ CITY OF MARCO ISLAND FOR THE COUNTY PLANNING SERVICES DEPARTMENT STAFF TO PROVIDE PLANNING SERVICES TO THE MARCO ISLAND PLANNING BOARD AND MARCO ISLAND CITY COUNCIL OBJECTIVE: To obtain Board approval of the proposed Interlocal Agreement with the City of Marco Island to allow County Planning Services Department staff.to continue to provide planning services relative to land use petitions until the close ofbusiness on September 30, 1998 to the Marco Island Planning Board and the Marco Island City Council for disposition. CONSIDERATIONS: On December 12, 1997, Vincent Cautero, AICP, Community Development and Environmental Services Division Administrator, Wayne Arnold, AICP, then Planning Services Director, and Bob Mulhere, AICP, then Current Planning Manager, made a presentation to the Marco Island Planning Board and Marco Island City Council at a joint meeting to discuss disposition often outstanding land use petitions on Marco Island. The Planning Services Department processed and reviev~'ed these petitions which consisted of five boat dock applications, one conditional use application, one off-site parking application, one rezone application, one temporary use application, and one variance application. An Agreement was approved by the Marco City Council for County staff to provide these planning services on January 5, 1998, and by the Board of County Commissioners on Januar)' 6, 1998. This Agreement provided a rate of $30 per hour for statTtime and mileage reimbursement at $29 per mile. Staff received a request on January, 13, 1998, from the City Attorney for Marco Island (the firm of Roetzel and Andress) to provide additional planning ser~5ces for a ninety (90) day period based on the same terms and conditions. Staffprocessed this request and presented it to the Board of County Commissioners on February 3, 1998 and the Board approved it. The County received a letter from Mr A William Moss, City Manager, dated April 23, requesting the County continue providing planning and zoning services through the balance of the fiscal year. !~, SCAL IMPACT: Collier County assesses fees for review of land use and zoning petitions. The fees collected for all petitions will be deposited in the Community Development Fund 113. GROWTH MANAGEMENT IMPACT: The proposed Agreement is consistent with the Intergovernmental Coordination Element of the Growth Management Plan. That the Board approve the proposed Interlocal Agreement between - i:PR. 2~. 1~:~1 11: :~:;'l ( I:~::~rTZEL ~,~I'tDRESS ) N0. 694 P. 2,"5 [NTERLOCAL AG~ ~ IA"I'EIlLOCAL AGIUi~ is e~ im~ this 5~ day of May, 1998, by and b~tween THE CITY OF MARCO ISLAND, FLORIDA, l~uerc~mr called be "City", and BOARD OF COUNTY COMMISSIONER.S OF COI22t~ COUNTY, FLORIDA, ~ t~ "~". Th~ City an~ the Co~.m~y ~ refe~..d t~ ~ll~tively l:~re~ a~ WITNT~$ET~: WI~REA~, ~ City was r~x:mly incorpo~ted ~~ ~ c~ e~b~ ~ ~ ~ ~ ~~ on Au~: 28, 1997; ~ ~~, ~ Cky ~ l~ ~ Co~ Co~, ~loH~; ~ ~~, ~ C~u~ d:~:s ~o ass~ ~ Ci~ ~ se~ ~ of ~ c~ of ~~, S~on 163,01(2), ~o~ S~s, ~m I~ go~e~ u~m ~: of ~ ~ploy~; ~ 1~. ~9.1998 11: -~ (ROETZEL~A~[SS) i NO. 69~ P. ', ~~AS, ~ Ci~ C~r p~vides ~t ~e C0~r Co~ ~d Dewlopment Code ~ eff~ on Au~ 28, 1997, s~ll be ~e ~ ~velopment re~om ~ ~e Ciu ~~, ~ Ciw ~ re~e~d ~t ~e~Co~ pm~ ~sis~ w ~ Ci~ by ~g C~W mff members for pu~o~s of re~, ~d~, adve~ f~ B~ ~o; ~ CiW Co~ for ~ CiF of ~ I~. NOW, ~~~, ~ co~i~on of ~ mum~ ~ve~ ~~ here~, p~s ~mby a~ee ~ fo~ows: S~) to ~ Ciw ~ rcvi~w, ~y~, adve~s~ ~ pr~ ~ ~e pe~io~ ~bm~ to ~e CounW which ~ ~ ~ Ci~ of M~o h~, to ~e M~ ~l~d ~l~!~ ~d ~or ~e Ci~ C~fl of ~ C~W of ~o hl~, by Co~W S~f ~ ~e renew, ~lys~, pm~n~on md ~b~c nod~afi~.for ~ Is~ P)~ Bo~d ~~ of ~ ~ ~flo~. C~ 5~ff~l A~ent. Co~ Surf w~ fo~ ~ ~uom m ~ CiW Developm~ DS~tor f~ review pHoi to F~ ex, five ~~ on e~h rr, em~ shall be effective as of May 5, 1998, or upon the final d~x~sition of dl ~ any appeals, wht~ver is la~, ~OMPENSATION. Couaty ~ ~ l~d pi~ ~ (~0.~) a~~. ~ S~ ~1 ~ ~ wt ~ ~. Ci~ ~ pay for ~e for ~ S~s ~v~ ~ to ~ ~ s~ ~ ~ ~ ~~ of~~~~. pa~ by ~e Ciw ~1 ~ gov~ ~ ~ 218, 1 ~'g£LP-,,A FIPR. ~. 199B l~: :~11~1 (I~TZELg~r~DI~SS) I'~). 694 P.4/S Florida Prompt Payment Act). TI~ County shall invoice the City for all of th~ payments referenced above. INSURANCE. The County'.i liability cov~rag~ will extent to both th~ County aua County Staff for this agreement subject to normal exclusions. The City mu,st procure its own insuranee coverage for any risks r~lated to Count? Staff's service on behalf of th.-. City of Marco Island. INDCMNIFICATION. To the extent permtRed by Nlorida law, the City shall, in conside~:aIion of th~ benefits received from th~ County by the provision of County S:a/'f services (which ar~ acknowkxlge~i to h~ve a monetary value substiuatially in excess of $100.00), hold harmless, i-~_t!e~n;~ and defend the County, its agems a~ employees from all suits a~ actions, tz~ludtng attot-~y f~s and all costs of htigation and judgments of any ~ aiad descripttml, aris!_n.g out of or ir~idental to tl~ performaw~ of ~b Agreement which results from any negligence, intentional conduct and/or willful slid wagon behavior of tl~ City and/or its agents and employees. This provision shall also perTa~ to any brought again.st th~ Cou:~ by any employee of the City, any sutxTxmtraetor or anyone directly or indir~tl¥ employ by any of them, ott thaa by Cour, ty Staff, Th~ City's obligations u~ler this provision sl~ll only b¢ limited to tt~ ext~m provided by Florida law ami not by the City's limit of, or lack of, sufficient insurance protection. This section shall not apply to any cla_t__m_-~ ari.sklg from the sole negligence or intentional or willful and wanton condu~t of the County, Cour~'y Staff, or an}, other employee or agent of the Cotmty, TERlvffNATION. This Agreement may be termi~ted by either party by providing forty eight (48) hour~ advlmce written notice to th~ other party. Notice to tI~ City shall be provided to: Harry I. Cowln, Chaimmn City of Marco Island, Florida 1280 San Marco P~ad Marco Islimd, Florida 34145 Notice to the County shall be pmvid~ to: Barbara B. Berry, Chairman Board of CO~I~ Commissioners 3301 ~.ait Tarnjsmi 'Ira.il Naples, Florida 34112 This Agreement shall also terminate in accordance with the provisions set forth ia paragraph 2 regarding tl~ ~erm of this Agrecam~i. i:~R. ~9.1998 11: 31Pt~ (ROCTZEL&ANDR~SS) MO. 69~ P,5/5 Collie: County, Florida. TKR CITY OF MARCO ISLAND, FLORA BOARD OF COUNTY COMMISSIONt~tS OF COLLIE~ COUNTY H~ I. Cowin, Cou~il Ch~km~ By:= Barb~va B. Berry, Attest: A. William Moss, City Manager/City Clerk Appwved ~s to form a~ kg~l suffki~cy foe the City of Marco Island, Florida: Dwight E. Broc2:, Ckrk of Courts Approved as W form and legv,1 suffic~ for Colll~ County: Kenue~ B. C~yler, Esq. City Aum'Iz'y ~ ~, B~q. Chief ~ County AtWmey 4 MAY 5 ( ITY OF }VIARGO ISLAND OFFICE OF TIt'E CITY MANAGER April 24, 1998 .Mr. Robert F. Ferc=dcz Coat, .ty Adminir~cator Collier Count,/Govema'nent Complex 3301 East Ta. milmi Trail · N'aples, Florida 34112 %'LAFACSI3,LLLE 774-4010 Dca: 59. Fcrnan, dez: The purpose of t}us letter Ps to requcst a conn. nuat~on of serv/ces provided by the Commun. i .ty Development and Env~ro,"umcntal Ser~'~ccs Dcpar,amen:. There Ps an inter!ocal agreement benvee:a the CIW of Marco Island and Colher Coxs' ."or ~h~ connr, uanon of spec:fled plan.rung, zoning. and admmis~anve support unrd May 3. 1998. O:kcr dcua;~mental services ~e to be provided until ~;eptember 30. 1998. ' We respectfull) ~k that thc mterlocal a~eume,:: bc ex~ended tmt:[ Sepu.~'~w. bcr 30, 1~95. we arc in ~ke pr~ess of~g~zmg approgr:~:: s;.~';o ~s~.c :~cse actimtles, the extension ~l] ~it a more orderly ~ansition of these sen'ices. Wc appreciate the support and encotu'agement offered bv the County Comnn;s~on, you, and )'our ~aff. We intend to continue to foster a good working ;elationship ~'ith Collier County in order that we may provide to o~ mutual consmue~:s thc local governmcmt service they des~.."~'e. I believe we have made s:gnifieant progrcs~ i:: rc~olV~,g many of the outstanding issues related to the ~an. sinon to our incorporated status ¥o~r xml2mgncss to devote so many of your valuable hours ronsard t~i$ endeavor, and the ~villingne.~s of the Coil/er Cotmtv Comm.ission to support our new City, are thc reason~ this transition ~vill be successful. Sincerely, Ci~ Manager AWM/bal 1280 S,0v M~Rco Ro,,D..M,mco Is~o. F~o~uD~ 041415 (941 ) 094-7040 · Fz,x; ~941 ) 394-6956 AGENDA TRANSMITTAL SLIP D~t~ Subml~cd .M'%', I, 1905  [Accnda Rcque~4ed A~cnd~ D~c ,M~y ~. 1905 L..~. (51 Proclamations ~__.(~,) Clerk Approval of Minutes PublicPeUtions ~X iSA) Commum~Dcv &E~Svcs. ~ ~ f~BI PubhcWo~ks ..... [ n (13A~ BZ~ ruouc ne~n~ , - ............ DMsion H~ ~ Da:c: ~'~-- ~ M~gcr: ~ Date: V~t A. Caut~ AICP, Ad~ni~tor Item Title: A RESOLUTION AUTHOP,.IZING THE CHAlK,MAN OF THE BOARD OF COUNTY COMMISSIONERS TO SIGN AND SEND A TECHNICAL L~-rrr, R OF NOTIFICAT1ON TO ALL UNITS OF GENERAL LOCAL GOVERNMENTS LOCATED IN COLLIER COUNTY. ADVISINO THEM OF COLLIER COb,~TY'S rNTEN'T TO APPLY TO THE FEDERAL DEPARTMENT OF HUD FOR THE EXPRESSED PURPOSE OF BEING QUALIFIED AS AN "URBAN COUNTY" AND BEING ABLE TO RECEIVE ENTITLEMENT GRANTS FOR THE FEDERAL FISCAL YEARS 1999. 2000 AND 2001, AS REQUIRED BY THE DEPARTMENT OF HUD List of Documents Attached: 1. Executive Summary (required) 3. S. 2 Resolution 4. EXECUTIVE SUMMARY TO APPROVE A RESOLUTION AUTHORIZING THE CtlAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS TO SIGN AND SEND A TECHNICAL LETTER OF NOTIFICATION TO ALL UNITS OF GENERAL LOCAL GOVERNMENTS LOCATED IN COLLIER COUNTY, ADVISING THEM OF COLLIER COUNTY'S INTENT TO APPLY TO THE FEDERAL DEPARTMENT OF HUD FOR THE PURPOSE OF BEING QUALIFIED AS AaN "URBAN COUIN'TY' AND BEING ABLE TO RECEIVE ENTITLEMENT GRANTS FOR TItE FEDERAL FISCAL YEARS 1999, 2000 AND 2001, AS REQUIRED BY THE DEPARTMENT OF HUD. ~ To have the Board of County Commissioners authorize the Chairman of the Board to sign and send a letter (by May 8, 1998) to all units of general local governments located in Collier County, advising them of Collier County's intent to apply to the Federal Department of HUD for the expressed purpose of being qualified as an "UR.BAN COUNTY" and therefore being able to receive Entitlement Grants for the Federal Fiscal years 1999, 2000 and 2001. C;ONSIDERATION: Collier County is in the process of applying to the Federal Department of Housing and Urban Development (HUD) for the expressed purpose of qualifying as an "Urban County." This federal qualification will allow Collier County to receive Community Development Block Grant (CDBG) funds, or "Entitlement Grants," rather than having to compete for them through Florida's Small Cities CDBG Program. The first step, and most important one is to have a population that exceeds 200,000. Currently, Collier County's population exceeds this threshold (200,024 per the Bureau of Economic and Business Research (BEB P.), located at the University of Florida in Gainesville) That is the purpose of the notification letter is to inform all units ofgeneral local government (City of Naples, City of Marco Island and City of Everglades) that the County is planning to apply for "Urban County" status with the Depa. rtment of HUD. In addition, HUD requires that this notification inform all units of general local government oft heir following options; 1. That iftheir City chooses to be ~ as part of the request for urban county status, it is ineligible to apply for grants under the HUD- Administered Small Cities or State CDBG programs while it is part of the urban county, and that it must notify Collier County and HUD of its election to be included by June 5, 1998; That if their City chooses to be included as part of the request for urban status, it is also a participant in fi':e HOME program if the urban county :C¢lVeS MAY 0 5 1998 HOME funding and may only participate in the HOME Progwm through the urban county; That if their City chooses to be excluded as part of the request for urban county status, it must notify both Collier Count,',' and HUD of its election to be excluded by June 5, 1998. No~vithstanding, if any or ali units of general local government elect to be included in the urban county and notifies the Collier County and ttUD of this fact, a Cooperation Agreement between each City and Collier County will need to be executed by July 13, 1998. This agreement will then be submitted with Collier County's qualifying documentation and sent to HUD by July 17, 1998, as part of our application. Urban counties that must enter into cooperation agreements or amendments, as appropriate, with the units of general local government located in whole or in part within the county, must submit to HUD executed cooperation agreements, together with evidence of authorization by the governing bodies of both parties (county and included unit) executed by the proper officials in sufficient time to meet the deadline (July 17, 1998). FISCAL IMPACT: If awarded thc Urban County status by the Department oFHUD, Collier County could potentially receive over 1.5 million dollars in CDBG funds annually for a period of three years (1999 to 2001) as an entitlement. GROWTH MANAGEMENT IMPACT: These funds '.','ill allow the County to provide additional services and capital improvement projects t}u'oughout Collier County's jurisdiction to Iow and moderate households. RECOMMENDATION: That the Board of County Commissioners authorize the Chairman ofthe Board to sign and send a letter (by May 8, 1998) to all units of general local governments located in Collier Cot,nty, advising them of Collier County's intent to apply to the Federal Department of HUD for the expressed purpose of being qualified as an "URBAN COUNTY" and therefore being able to receive Entitlement Grant funds. APPROVED BY: ~~'~ Date: MAY 0 5 1998 I 2 4 6 7 9 I0 II 12 14 15 17 19 ~0 21 22 23 24 2~ 27 29 30 32 34 ~6 37 I 3~ 40 41 P~SOLUTION NO. A RESOLUTION AUTHORIZING THE CHAIR.'~IAN OF THE BOARD OF COUNTY CO,V~f. ISSIONERS TO SIGN AND SENq) A TECHNICAL LETTER OF NOTIFICATION TO ALL UNITS OF GENERAL LOCAL GOVEI~NMENTS LOCATED IN COLLIER COUN'I'Y, ADVISING TILES! OF COLLIER COLrN-I'Y'S INTENT TO APPLY TO TIlE FEDER.-~L DEPA.RTMENT OF H'L~D FOR Tile EX. PRESSED PLrRPOSE OF BEING QUALIFIED AS AN "L'RBAN COL.'~TY" AND BEING .-~BLE TO RECEIVE ENq'ITLEMEN'T GRAN-I'S FOR THE FEDERAL FISCAL ~'EARS 1999, 2000 AND 2001, AS REQUIRED BY THE DEP.-~,TMEN'T OF ITUD WHEREAS, ~he Housing and Community Development act of 1974, as ~rnended, makes provisions wh~eby counties may apply for "Urban County" seams which will allow them to C~'l'y: out a~iV~ties which will be funded from annu.~l I-~q3 Community Development Block ~t Entitlement and HOIV[E program fi.ends; md WHEREAS. Collier County wants thc opportunity to apply for said fu.nds, and WHEREAS. this act rcqu:res sn order to qualify as an urban county, Ih~t Collier County must notify all units of general local ~ovcmmcnt w~thm ~ts borders of ~ts m~.cnt lo apply for urban county lt~s: and WHEILF-AS. in addition, thc Department of ITL"D requires that this not~ficatmn inform all units ofgc'ncral local govertu'ncnt oft.heir follo~sng options; I. That ifthctr City chooses Io be ~ as pan of thc request for urban county sta~,, it is ine|igiblc to apply for g'ranu under thc l-fU'D-Admmistered Small or State CDBG progra~'ns whdc st ss part of' the u.i'ban county, and thnt it must notify . Collier County and HI.FD of lu election to be included by June S, 1998; 2. That If thcsr City chooses to bc included as part of thc request for urb~ county also a partsclpant in thc HONI£ program it' Ibc urban county receives HO,~IE £unding and may only pa~lclpatc in thc HOM£ Prog'r'~m l,G'ough thc urban count)'; .1. That if thcsr City chooses to be excluded as parl of thc request for urban court .fy status, il must notify both Colhcr County and HL'D ofiu election to be excluded by June $. 1998. 4. T~t if any or all units o£gcneral lo:al government elect to be included in thc urban court .ty and notifies thc Collier County and ~ o£this tact. a Coopernuon Agrccmcnt between each City and Collier County will need ~o be executed by July J3, 1998. This agreement w~ll then be submltxed v,,sth Colhcr Count)"s quahl~ymg documentatson and sent to H'L'D by July 17. 1998, as parl of Colher County's apphcahon L'rb'm counties that must enter into cooperation agreements or amendments, as .',ppropr:~te. with thc units of general local govcrnmc'nt located in whole or in pan w~thm thc county, must submit to H'L"D executed cooperation ag;recmcnts, together with evidence o~' authorization by thc governing bodies of MAY 0 5 1998 I $ 6 7 $ 9 12 13 14 16 17 19 2O 21 22 23 24 2~ 27 28 29 ~0 ~2 ~3 34 3~ 37 41 ~VliEKEAS. rc~=rdir~ of wh:c~ :~m~c th~ umt u~ ~cncr~l Joca~ gov~mcnt tak¢~, i~ mus~ pa~ of Colh~ County'~ NOW. ~E~FO~. BE IX ~SOLVED BY THE BO~ OF COL~ COMMISSIOneRS OF COLLIER COL~. FLORA. ~IAT: 1. ~e Colh~ Co~ Board of Co~ Comml~oner~ hereby &recu ~e Colher Co~ ~I of Housing ~,d Urb~ Improv~ent to ~a/c, ~ ca~ ~o ~ec~c~l len~ ofnouficanon to all ~u of genial l~al gov~enl I~at~ ~thm ~e ~rd~s of Colh~ Count. ~tatmg that Colher cou~' ~s the inl~t of a~lym[ for "Urban Count" status w~h the Depa~mev, t of HUD ~.al lh~s len~ of notlfica:~on contain an explanation ofopl~on$ Io the umts of govemmenl m regards ~o '~ he~her they w~s~ ~o ~e :ncluded ct excluded as pa~ of ~he urban co~b' for ~ls apphcatmn. 3. ~t ~s letter of no~ficat~ also sure that ~Ee ~l~ of g~e~l l~al gove~ment mus~ submit ~he~r res~nse m ~tm$ to Coil:et Co=~ ~d ~e ~p~ent of HL~ by J~ne 1998 4. ~ ~h~ lener be s~ed ~y L~e Cha~an of the Colher Co~ Board of Commissioners. 5 ~al tins l::~er of nol~f:c~:o~, be sen: to eg~h um~ of general local govemmen~ b~ cemfied mad prior to ~hc HUD de,dime date of ~ fi. 199S BE IT ~'R~ER ~SOLVED :h~z th~ Resolution be recorded by the O(fic~at Clerk of Courts m ~e Pubhc Records of Colher Co~b'. Florida DATE: ADOPTED th~s day of May. 1998. COLLIER COUN"I'Y BOARD OF COUq~TY COMMISSIONT-RS AWI'F..ST: DWIGHT E. BROCK BY Barbara B Berry, Chairman DATE: Al)ROVED AS TO FORM A,N'D LEG.'KL SUFFICIENCY: A. ss~stant Co~ulT)t Altorney I AY 0 5 1998 nr ................. LJ 1 2 3 ,4 $ 6 7 $ 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2g 29 30 31 32 33 34 35 36 37 38 39 41 ,42 ,43 45 46 Exhibit "A" May 7, 1998 Name Mayor or Chairman C~ty XXXXX Street Address City XXXXX, Florida Re: Urban County qualification process for Fiscal Years 1999-2001. Dear Mayor or Chairman. Collier County is in the process of applying to the Federal Department of Housing and Urban Development (HUD) for the expressed purpose of qualifying as an "Urban County." This federal qualification will allow Collier County to receive Community Development Block Grant (CDBG) funds, or 'Entitlement Grants," rather than having to compete for them through Florida's Small Cities CDBG Program. The first step, and probably the most important one is to have a population that exceeds 200.000. Currently, Collier CoL'nty's population exceeds this threshold. The purpose of this letter is to notify all units of general local government (incorporated areas like the City of XXXXX) that the County is planning to apply for 'Urban County" status with the Department of HUD. Part of HUD's required notification process mandates that Collier County inform the City of XXXXX, and all other units of general local government of their following options; That if the City chooses to be ~ as part of the request for urban county status, it is ineligible to apply for grants under the HUD-Administered Small Cities or State CDBG programs while it is part of the urban county, and that it must notify Collier County and HUD of its election to be included by Juqe 5, 1998; That if the City chooses to b~- ~ as part of the request for urban county status, it is also a participant in the HOME program if the urban county receives HOME funding and may only participate in the HOME Program through th~; urban county; 1998 I 3 4 6 7 8 9 I0 II 12 13 14 15 16 I7 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 That if the City chooses to be exc!ud_e,.~ as part of the request for urban county status, it must notify both Collier County and HUD of its election to be excluded by June 5, 1998. Such election to be exclucLe,.~ will be effective for the entire three-year period for which the urban county qualifies (1999 through 2001 ), unless the City of XXXXX specifically elects to be included in a subsequent year for the remainder of the urban county's three-year qualification period. The excluded unit must provide such notification of election to be included in writing by June 5, 1998. Notwithstanding, if the City of XXXXX elects to be included in the urban county and notifies the Collier County and HUD of this fact, a Cooperation Agreement between the City of XXXXX and Collier County will need to be executed by July 13, 1998. This agreemont will then be submitted with the county's qualifying documentation to HUD by July 17, 1998, as part of our application. Urban counties that must enter into cooperation agreements or amendments, as appropriate, with the units of general local government located in whole or in part within the county, must submit to HUD executed cooperation agreements, together with evidence of authorization by the governing bodies of both parties (county and included unit) executed by the proper officials in sufficient time to meet the deadline (July 13, 1998). In conclusion, whatever path the City of XXXXX elects to take pertaining to Collier County's application, the City needs to notify both Collier County and HUD of its inter~t. If it does not, HUD will assume that it wishes to be included as Dart of Collier County's aoolication. The City's response to this letter needs to be sent to the following addresses by June 5, 1998: Collier County_ ~¢:)artment of HUD Donald R. Blalock, Jr. 403-2339 HUI Manager Housing & Urban Improvement 2800 North Horseshoe Drive Naples, Florida 34104 Angelo Castillo 305-662-4570 CPD Director U.S. Department of HUD Florida State Office/CDP 1320 South Dixie Highway Suite 500 Coral Gables, Florida 33146 x:2223 Your help in this matter will be greatly appreciated. If any questions arise, please contact me at your convenience. Sincerely, Barbara B. Berry, Chairman Collier County Commissioners 4 MAY 0 5 1998 EXECUTIVE SUMMARY APPROVE FUNDING A.S.A. PROPERTIES IN-UNE TOURIST DEVELOPMENT SPECIAL EVENTS FUNDS. SKATING COMPETITION $40,000 IN OBJECTIVE: To approve funding for the Aggressive Skaters Association (A.S.A.) Properties in- line skating competition for $40,000 in Tourist Development Special Events funds. CONSIDERATIONS: On Apdl 20, 1998, the Tourist Development Council reviewed eight apl:4icatJons for Category B2 Special Events funding. Total funds available fur projects in this category at the time of the meeting was $99,811. The TDC recommended full or partial funding for six of the projects, one of which is being brought forward for consideration at this time: The Aggressive Skaters Association requested $59,000 to hold an in-line skating competit~n May 16-17, 1998; funds to be used to promote the event nationally and inter- nationally. The TDC recommended funding $40,000 for the event by a vote of 7-2. FISCAL IMPACT: $99,811 is available in Fund 193 from the Toudst Development Tax Fund. GROWTH MANAGEMENT IMPACT: None RECOMMENDATIONS: That the Board of County Commissioners approve the A.S.A. in-line skating event for TDC funding, and authorize the Chairman t~3 sign a standard special events agreement, based upon PREPARED BY: the 1997 standa~ agreement, for the event. Economic Development Mgr. REVIEWED BY: ~.~~~~'~ "~ihalic, Director ' Ho~.~d Urban Improvement Vincent A. Cautero, AICP, Administrator ~$ APPROVED BY: Community Dev. & Environmental Serlio MAY 5 1998 I DJate Date Date Collier County Tourist Development Council Grant Application Category B-2 Local Projects and/or Activities Which Promote Tourism Completed applications must be received :30 days prior to the April or October Tourist Development Council meeting (TDC meets the third Monday of the month). Applications must be received at the below address: Administrator/Director Collier County Tourist Development Council County Administrator Office Administration Building, 2''a Floor 3301 Tamiaxni Trail Eas: Naples, Florida 34112 Name and Address of Applicant Organization: ASA -Pgov~R.'Tff:$ L. LC Organization's Chief Official and title: ) Contact Person, Title and Phone Number: Applicant request for $25,000 or less: .... Applicant request for over I;25,000: Y. 5. How much TDC funding is your organization requesting.'? $ 5"eJ,O0o Briefly describe your organization's capability to promote Collier County as a tourist destination: 7. Describe the local project and/or activity for which funds are requested: 8. What is (arc) the scheduled date(~) for your projec~activit~7 ~ ~ 9. Has your organization previously received Collier County Tourist Development funding.'? Yes (X) No ( ) 10. Discuss how your organization will mea:,ure the number of tourist attracted and the number of room nights generated by your event: 11. Identify the estimated number of "out of County" spectators or participants for your organization's special event and indicate the method for your estimation: 12. Idcnti~ the estimated number of hote~motel or c~pground nigh~ generated ~ a result of your orgmimtion's special event and indicate the me.od for your estimation: 13. Discuss the capacity of the project to enrich the artistic, cultural, and environmental attractiveness of the visiting public and compatibility with community in general: MAY 0 5 1998 14. Demonstrate your organization's ability to generate support from sources other than the Tourist Development funds. Include in-kind services as well as other fl. mding sources: (Be specific) 15. Applications must be accompanied by the following: a) Incorporation documents b) For non-profit organization, verification of status c) Last fiscal year financial statements d) Time line for the event e) For request of $25,000 or less: i) Detailed budget for project specify which items TDC funds will fund. Refer to ineligible expenditures in the guidelines. ii) Provide marketing plans identifying how the event will be promoted to draw out &County visitors. t') For requests greater than $25,000: i) Funds may be used only for advertising and promoting your organization's event. ii) Provide an overall budget for the event iii) Provide a detailed marketing plan including the media to be used to promote event, frequently of advertisements, reason media to be used was selected, and any other information pertinent to the promotion. I have read the Tourism Grant Program guidelines and criteria Signature of Organization's Chief Official Date: I/~ :L / %~' 0 5 1998 ASA PRO TOUR MARKETRqO PLAN The ASA Pro Tour plans to use the grant from Collier County to advertise and promote Collier County in its worldwide broadcast and media schedule in the most favorable manner. As such. the ASA's media would be utilized in the following manner:. TELEVISION The ASA will promote the Naples event throughout all of its ASA Pro Tour broadcasts on ESPN and esprO, that lead up to the Naples telecast. Each ASA show reaches more than 4.5 million people in the US alone, and the ASA expects to promote the Naples event in a minimum of eight broadcasts. This has a promotional value of more than $50,000. In addition, please see the attached analysis of the media value to Naples/Collier County during the actual telecast of the event on ESPN and espn2 domestically and in more than 170 countries around the world. PRINT (MAGAZINE) The ASA has an extensive national print campaign planned which will include the Naples even~ in a total of twenty-seven (27) ad pages promoting the Tour. The ASA's expected magazine ad schedule is as follows: ~ ~ ~ value InLine Magazine 5 monthly $40,000 Inline Skater Magazine 5 monthly $35,000 Box Magazine 5 monthly $20,000 Skater Magazine 4 bi-monthly $12,000 4 in a Row Magazine 4 bi-monthly $16,000 Crazy Roller 2 bi-monthly $10,000 UniT~A 2 bi-monthly' $9,000 TO, LS ,, 27 ' monthly $144,00 In addition, the Tour schedule (which will include Naples) will be printed in a variety of magazines such as Details and Men's Health. PRINT (?¢EWSPAPER) The ASA's newspaper campaign is e~.pected to include quarter-page advertisements for the Naples events in a variety of local and regional newspapers. This advertising will begin May and continue through the event. Based on 1997's event, the value of the newspaper advertisin~ the ASA will generate for the event should exceed $30,000. In addition, the ASA has a wide variety of newsprints across the country interested in printing our schedule as well as doing feature articles about the sport. RADIO The ASA plans to run a series of :60 second radio commercials ~hroughout South Florida to promote the event. Although it is still too early to discuss the exact station mix or frequency. based on last year's event, Collier County should eXl: :ct at:mroximate, ly $20 worth cfi ,,'slue in support of the event. The sim>ts will run fron. Ma~. ~the e~ PROMOTIONAL MAY 0 5 1998 More than 30,000 event posters and flyers will be cli~ ributed fiirrug]~rut So promoting Collier County beginning May 7. .. . ith ASA PRO TOUR SOUTH FLORIDA EVENT March 23: Mamh 24: April 1'7: May 1: Ma,/'7: May 12: May 13: May 15: May 16: May 17: May 18: TIMELINE Press conference to announce schedule of all ASA Pro Tour sites Print advertising campaign due to magazines (including Naples) ASA Pro Tour begins Newspaper and radio advertising campaign for Naples event begins Distribution of all event posters and flyers ASA staff arrives in Naples. Building bleachers/scaffolding begins Local press conference Professional skaters arrive. Site complete. Practice 3:00 - 9:00 pm ASA Pr° Tour vert competition, 9:00 am - 9:00 pm Vert Finals (filmed for television), expected 7:30 pm - 9:00 pm Skater/Sponsor Party, 10:00 pm - 1:00 am ASA Pro Tour street competition, 9:00 am - 9:00 pm Street Finals (filmed for television), expected 5:30 pm - 7:00 pm Tear down of site begins. Tear down of site complete. ASA staff departs. 1998 1997 ASA PRO TOUR EVENT ECONOMIC IMPACT ON COLLIER COUNTY The ASA Pro Tour held its 1997 World Championships in Collier County at the Sanctuary Skatepark from October 10-13. The event proved to be phenomenally successful for all panic.,, involved, especially as it relates to Collier County. Both the immediate and future economic impact the event had on Collier County was substantial. In terms of the short-term impact, the event generated approximately Seven Hundred and Sixtx (760) room nights for hotels in Collier County. Although the bulk of the event's guests staye~i ~,~ four hotels on Marco Island (Radisson, Hilton, Mamott and Paramount), we know of at least other properties that hosted guests of the ASA. We had a formal relationship only with thc Radisson and Hilton and were able to tracks room nights there via a reservation code. The oth¢~ room nights were determined by calling skate companies, sponsors, skaters, r::edia and fricnd~, of the Tour and asking them where they stayed. The list was also compiled by way of RSVP',, from our event invitations, transportation requests (we picked up more than 300 people from airports and shuttled them to a~ea hotels), number of VIP credentials issued on-site and phone/E- mail requests for hotel information. We would have had many more guests stay at the Radisson or the Hilton; however, we completely sold out both hotels and were forced to move our gue,,v~ to other properties. We had approximately Eight Hundred (800) people attend the event fi'om "out-of-town". The breakdown was as follows: 73 Competing Pro Skaters 26 Non-competing Pro Skaters 68 Competing Amateur Skaters 20 Non-competing Amateur Skaters 77 Sponsors/VIP's 19 Media 21 ASA Staff 219 Friends and Family members 300 estimated "out-of-town" spectators from around the cou.ntry On Monday evening, after the event had concluded, we had 255 people attend our banquet anti turned away more than one hundred individuals who wanted to attend. The banquet was not open to friends, family, spectators or Amateur Circuit competitors (others than those who qualified to become pro). Each of these approximately 350 people were in Naples for a minimum of five days. Most of the ASA's guests stayed at least three days with some of the staff and skaters "living" in Collier County for more than a week· Obviously, during that ume. all of these individuals were eating in Collier County restaurants, staying in Collier County hotel, and using Collier County services. ' In terms of the on-site attendance, we estimate that 41,000 people attended the competition over :~ three day period. This estimate came from shuttle service counts, parking counts and calculating bleacher capacity on an hourly basis. The breakdown was 19,000 people on Saturday. 18.000 spectators on Sunday and 4,000 on Monday. Many of these people spent money at concessiow, that generated income for the skatepark and Collier County. In addition, we would strongly surrmse that any skater who attended the event from in-town or out-of-town would be inclined r,, return to the skatepark and Collier County many times over, however, there is no way to accurately gauge this fact. If, indeed true, these return visits would have lasting economic impac~ on Collier County. The same fact holds true for the many VIP's and sponsors who attended thc event. We received a great number of positive comments from our guests about how much they enjoyed the event and how they would be inclined to come back to Naples for a vacation. The ASA Championships also made an impact in Cc extended from 30' to 36' wide. This is a permanent half-pipe the largest (and arguably the best) skatepa~ the park's half-pipe would have been '..he same size k half-pipe ~~ s n o0, to ha' es the neric: the c~ e the~~ · Ot he~id,,e.,.~ The largest economic impact was in the area of global exposure that the County generated from the event. Extensive footage from Naples was shown during eight hours of national television coverage on ESPN and espn2 and in 170 countries around the world. The park and the city were portrayed in the most positive light and Collier County was hailed as a leader in government thinking. County employee Maria Ramsey was interviewed as was the park's builder. Aaron Spohn. Both were given the opportunity to extol the virtues of the Skatepark and the County. Since the broadcast, we have received numerous calls and e-mails from viewers who marveled at the park and expressed a strong interest in visiting Collier County. After analyzing the media sources that covered the World Championships. we estimate that Collier County received more than $1.4 million worth of media exposure on a global basis. The breakdown is as follows: Media Television: World Championships show (domestic) Television: World Championships show (international) Television: Road to the Finals show Television: news coverage Newspaper Coverage and Advertising Magazine Coverage and Advertising Radio Coverage Home Video Coverage Value of Collier '~ounty EXposure $324.000 $648,000 $52,000 $109,000 $183,000 $76.000 $22.000 $17,000 TOTAL MEDIA VALUE TO COLLIER COUNTY $1,431,000 In all, the ASA estimates that Collier County received an economic impact of more than 5;2 million by combining the spending and hotel nights of eight hundred guests, the positive public relations and the media value associated with the ASA Pro Tour. MAY 0 5 1998 ./ ASA Propertk~, LLC Profi! zinc] Loss dlnumy through De:MTtbM 1997 ~,ppe'~ - Othlr Tot. AlawM Pro Tour Tof~ Ta(Jd Compue~ F. xS~m~ - Om~ Tc,t,d Comput~ Ex;x,,~ T~ Productlofl Td~vl~km ~ - ~ TMM Tdevld~m Produc~on Per dkm To~M Per diem Prim Radio Totll A~dflg Am Ck, cuN PR Dutm I~rSo4km~ Tc41d PR 70.150.00 35.000.00 2,592.00 -2..81e:7.o .226,7o 24,262.00 7,450.00 1,0(~10,77g.37 1,198.964.57 2,49~.35 1,926.00 1.9OO.0O 1 273.100.00 , 282.11521 2,355.00 S.3m:).O0 5.40OOO 13.145.00 6.151.57 8,494.00 28.2O0.00 322.24 32.13 354.3?' 6.816.51 11.995.09 555.50 98p. ASA Properties, LLC Profit* and Loss Januiry through DecMrd~w 1997 PA Tent rlntd Food Event Pr0duct~on - ~ To~l Ev~m Produg:tlo~ Tot~ Inmalnc~ _C J,. _ _F. zlPloym Trtk, tin~ W~ To~M P~p'o~l E~ FP~ Bo~m~ TM~ Po4Mge ~nd d~n - Dec 41,713.80 56.500.00 1,156.60 6.672 26 4.556 55 15.025.00 75.24 4,83.57 1,.2~5 16 36.966.75 ,4,876 O0 18.07500 3.60000 7,593.50 11,193.50 4.5,96.92 2.820,5O 1.10 372.16 87.56 1.226.34 21,753.43 1,74485 525.89 3.855.96 2.8~1 19 _ 10.,.%21 80 31.9(X).00 2.175.50 351.13 3.77128 .... 42.547,52 " 134.70000 28125 488,00 5.41ZOO 2,600.00 1.033.16 21.625.(X ~AY o ASA Propertte~, LLC Profit' and loss J~nu.ry through ~ 1997 ~ Phone, c~l TotM Tde~one Gl4 Toll AirMm Mit/4 TMM TmvM & Em ToMI ExpltM J~n. Dec: 119.625.41 2.530.74 14.867.94 1.361.05 926.36 21.669.88 15.00 19.84.6.86 1.065.61 51.66 87.115.34 2,7~1.81 26820 111.40 12,534.99 ..... t__31~06735 _. 19:591 28 AS& IM)peTUM C(mIMerWd ._Z~. // ASA Pr~, LLC Balance'Sheet A~ of ~ 31, 1997 Curmm A~ ~ .o D~c~, '~7 To~d ~ ~ 75.37 ?~~ 471.49 87..r,r,r~ .,, p~., /~, ~ 4OOO0 23.422 24 108.580.37 ...... t.~.,._5~__.3~ 132.(X)2.61 992.73 99Z73 28.42 ASA Prop~ LLC Balance'Sheet Aa of Decimber 31, 19~7 Lm~l,l'l dd~ TaeM Lor~ Te~n LJw~l~te~ TotM ~ ~$ Lc~rm LNn to Tocld TMM ~l LOll~ TMM £qu~ TOTAL UABIMT1ES & EQU~'Y 31, 4,141 4.141.84 1gg,270 26 208,77026 1g.591.28 1998 TOURISM AGREEbLENT BETWEEN COLLIER COUNTY AND ASA PROPERTIES LLC REGARDING THE WORLD CHAMPIONSHIP IN-LINE SKATE COMPETITION SCHEDULED FOR MAY 16-17, 1998 THIS AGREEMENT, is made and entered into this ~ day of ,1998, by and between ASA Properties LLC, a limited liability company organized under the State of California, hereinafter referred to as "GRANTEE" and Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY." WHEREAS, the COUNTY has adopted a Tourist Development Plan (hereinafter referred to as "Plan") funded by proceeds from the Tourist Development Tax; and WI~REAS, the Plan provides that certain of the revenues generated by the Tourist Development Tax are to be allocated for the promotion and advertising of Collier County nationally and internationally and for the promotion and advertising of activities or events intended to bring tourists to Collier County; and WHEREAS, GRANTEE has applied to the Tourist Development Tax Council and the County to use Tourist Development Tax funds for the promotion and advertising of the World Championship In-line Skate Competition scheduled for May 16-1.7, 1998 (the "Event"); and WHEREAS, the COUNTY desires to fund the proposed advertising and promotion pursuant to this Agreement. NOW, THEREFORE, BASED UPON THE MUTUAL COVENPuNTS AND PREMISES PROVIDED HEREIN, AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY AGREED AS FOLLOWS: 1. SCOPE OF WOpd<: In accordance with the Budget attached as Exhibit "A," the GRANTEE shall provide the advertising and promotion of the Event· 2. ~: The amount to be paid under this Agreement shall be Forty Thousand Dollars ($40,000.00). The GRANTEE shall be paid in accordance with fiscal procedures of the County for expenditures incurred for the promotion and advertising expenses as described in Section I upon submittal of an invoice and upon verification that the services described in the invoice are completed or that goods have been received- ''~AG · · · ,,, shall submit invoices to the County Administrator or is c~e$ '~ot aty i ~aa~~ror his designee shall determine that the invoice payme~ arc autho _ri~l a~d he g covered by such invoice have been provided or performed in accordance with such authorization. The line item budget attached as Exhibit "A" shall constitute authorization of the expenditure described in the invoices provided that such expenditure is made in accordance with this Agreement. Each invoice submitted by GRANTEE shall be itemized in sufficient detail for audit thereof and shall be supported by copies o f corresponding vendor invoices and proof o f receipt of goods or performance of the services invoiced. GRANTEE shall certify in writing that all subcontractors and vendors have been paid for work and materials from previous payments received prior to receipt of any further payments. The COUNTY shall not pay GRANTEE until the Clerk of the Board of County Commissioners pre-audits payment invoices in accordance with the law. GRANTEE shall be paid for its actual cost not to exceed the total amount for various line items and up to the maximum amount budgeted pursuant to the Attached "Exhibit A." The amounts applicable to the various line items of Exhibit "A," subject to tke maximum total amount, may be increased or decreased by up to ten percent (10%) at the discretion of GRANTEE. Adjustment in excess of ten percent (10%) of any line item must be authorized by the County Administrator or his designee. 3. ELIGIBLE EXPENDITURES Only eligible expenditures described in Section l will be paid by cOLrNTY. Any expenditures paid by COUNTY which are !ater deemed to be ineligible expenditures shall be repaid to COUNTY within 30 days of COUNTY's written request to repay said funds. COUNTY may request repayment of funds for a period of up to one year after tea,:ination of this Agreement or any extension or renewal thereof. 4. ~: GP,.AN'I£E is required to submit a Certificate of Insurance naming Collier County, and its Board of County Commissioners and the Tourist Development Cotmcil as additionally insured. The certificate must be valid for the duration of this Agreement, and be issued by a company licensed in the State of Florida, and provide General Liability Insurance for no less than t~c following amounts: BODILY INIURY LIABILITY $1,000,000 each claim per person PROPERTY DAMAGE LIABIZITY $1,000,000 PERSONAL INIURY LIABILITY $1,000,000 ~ WORKER'S COMPENSATION AND EMPLOY 2 :h claim~cgon lto! The Certificate of Insurance must be delivered to the County Adrrdnis~tor or his designee with~ ten days or' execution oi' t~s Agreement by the COUNTY. The GRANTEE shall not commence promotional md advcr',ising activities which are to be funded pursuant to this Agreement until the Cerfifica:~ o[' Insurance has been received by the COUNTY. 5. ]~:~d~Y_'.~..?_.Q?:ZT.S: GRANTEE shall provide to County monthly reports on the duties performed and service provided by G~EE, its vendors or subcontractors, pursuant to this Agreement. The report shall identiSy the amount spent during the preceding 30 days and the duties performed, and the services provided and goods delivered during s~id period. G~E shall take re~son~bl~ ~e~ures to ass~e the continued satisfactory performance or' · 11 vendors and subcontractors. 6. CHOICE OF VENDORS AND FAIR DEALING: GRANTEE may select vendors or subcontractors to provide services as described in Section 1. COUNTY shall not be responsible for paying vendors and shall not be involved in the selection of subcontractors or vendors. GRANTEE agrees to disclose any relationship be~veen GRANTEE and the subcon- tractors or vendors, including, but not limited to, similar or related employees, agents, officers, directors md/or shareholders. COUNTY may, in its discretion, object to the reasonableness of expenditures and require repayment if invoices have been paid under this Agreement for unreasonable expenditures. The reasonableness of the expenditures shall be based on industry standards. 7. INDEMNIFICATION: The GRANTEE shall hold harmless and defend COUNTY, and its agents and employees, from any and all suits and actions including attorney's tees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this Agreement or work performed thereunder. This provision shall also pertain to any claims brought against the COUNTY by any employee of the named GRANTEE, any subcontractor, or anyone directly or ind.i~, tly employed or authorized to perform work by any of them. The GRANTEE's obligation under this provision shall not be limited in any way by the agreed upon Agreement price as shown in this Agreement or the GRANTEE's limit of, or lack of, sufficient insurance protection. MAY 0 5 1998 _ ,,. /(,,_ 8. ~: :'~i; :~:.,:iccs from thc COUNTY to thc GRANTEE shall be in writing and deemed duly served it' ~:.:ii:d by registered or certified mail to the GRANTEE at the following address: Rick E r;<::~ :,.n, President ASA i': :',;cz LLC 13a6S: .'i: Avenue, Second Floor M~na i..: kc'y, California 90292 Ail notices from the GRAN~EE to the COUNTY shall be in writing and deemed duly served if mailed by registered or ceaii~,: .:. :~a?.il to the COUNTY to: Coun:v .'~:::.,i~strator Secor'..:~ !':.',:,r, Administration Building 3301 'i'..:;:i~rni Trail East Napl~, 3:: :dda 34112 The GRANTEE and t!-:..- COUNTY may change the above mailing address at any time upon giving the other party wri :tc,'~ notification pursuant to this Section. 9. ]:J.Q.E,~Ig,~EEZ ZIE: Nothing herein contained shall be construed as creating a partnership between the COL,,41 Y and the GRANTEE, or its vendor or subcontractor, or to constitute the GRANTEE, or its vendor or subcontractor, ~ an agent or employee of the COUNTY. 10. ~.,]?dkil]2t,&T20:'_:: The COUNTY or the GRANTEE may cancel this Agreement with or without cause by giving 30 days advance written notice of such termination pursuant to Section 8 and specifying the effective date of termination. If the COUNTY terminates tiffs Agreement, the COUNTY will p~y the GRANTEE for all expenditures incurred., or contractual obligations incurred with subcontractors and vendors, by GRAlqTEE up to the effective date of the termination so long as such expenses are eligible. Provided, hgwever, or if GRANTEE fails to hold the event or activity, GRANTEE shall pay to COUN'I~ hll funds expended by COUNTY pursuant to this Agreement, unless the Board of County Commissioners determines that the completed promotion and advertising of the event or activity were sufficient to justify the use of tourist development tax funds. 11. GENERAL ACCOI~qTING: GRAb accurate aex. ounting records and keep tourism funds 4 MAY 0 5 998 related to the Agreement term of this Agreement. 12. documents, papers and , :.::ordeal, and all expenctiturca must be incm'red within the ',' 5'~EC_QtLD_S: GRANTEE ::5-.a!l maintain records, books, .i' ~:-:nation pertaining to wot!.: performed under this Agree- until the expiration of thrc,: and the fight to examine GRANTEE involving trarla: 13. transfer in whole or in pa.~ COUNTY. approves] and shall remain ment. GRANTEE agrees ti::,: .: ...i,JUNTY, or any of its duly authorized representatives, shall, .~: ::fi. er final payment under this Agreement, have access to, :~?,:, any pertinent books, doc,:.rments, papers, and records of :::'. :?.ed to this Agreement. , '.:',/55.~: GRANTEE shall not assign, conv~, or . :.'.:: in this Agreement without the prior written consent of the -::::',ent shall become effective on .[date Board ~va for one year. The GRA?,rTEE shall request an extension of this term in writing at lea~:: i::',, /,30) days prior to the expir:v, ion of this Agreement, and the COUNTY may agree by =:',-:,::: .... :::,, to this Agreement to extend the term for an additional one year. Any fimds not used by. ~ ~ :','TEE during the term of this Agreement and any extension thereto shall be available f,:< ' ':-' :;;~?licants. ' · 15. IiY.,&I,U.~T.I. CI~i .()? TOURISM IMPACr: GRANTEE shall monitor and evaluate the event identi,'5'ir;" ~'::c ~uccess of the event, explaining how the success and quality were evaluated, report overa!! :mendance including resident/non-resident anendance and how attendance information was ::::,:c;'~ained. GRANTEE shall provide a written report to the County Administrator or his designee ,:, i,~!~ in sixty (60) days of'the date of the event. 16. ~},L~.~_Z;..)_i'£, ~,Zi.Q,N: All promotional literamr~ and media advertising must prominently list Collier (.'o"nV as one o£the sponsors. 17. A~i~[121~i'5: This Agreement may..only be amended by mutual agr~'rnent of the parties and a l~::r recommendation by the Tourist Development Council. 18. This Agreement shall be governed and construed in accordance with thc laws e, f !': :. ? ~ ate of Florida. I AY 0 5 1998 /g _ IN WITNESS authorized person or written. GP~Mq'I'EE and COU~TY inve each respectively, by an their hands and ~':', ~'. ~!'..". date and year first above ATTEST: DWIGHT E. BROCK, Cler~: BOARD OF CO~.~; i ~'':,' COMMISSIONERS COLLIEK COU:; ~., - LORIDA By:_ BARBAEA ~. ~/:i~?.KY, Chairman WITNESSES: Name ASA PROPEIC[IF;!; I.LC By: (corporate ^ , Approved as to form and legal sufficiency Hddi F. Ashton Assistant County Attorney I~/~'rI~ASA~ Il.C-:;; ...... c. ~+--.,~c~ 6 EXHIBIT "A" ADVERTISI:NG/PROMOTI',i,:; : ~.. ~DUCT]O~'~ Creative Design Creative Execution Print Advert/sing Television Radio Promotions Production fees Featttres Production Post Production Dubs Printing Total ~]AY 0 5 ASA Pro Skate Event.-r; ~taffrequests additignal funds,:, .,_ :_.:.¥ :~:_;_~ expenses fo r__~a.).: ,,__:_,_~ :_! l_ event th~._t is not. currently budv, eted for this fi?:" ' "-~ 5!nv 16-17, 199~ ),c:.,". ,.,.tnt is not a budgeted special event for thc i; ......... . ~cc~cation Dcpar~m,,:l:t. ,.'~:, with all special events that we support, overtime' ' . ,, ! ~r~ cover the cost of ~':~"~'"" :',:: adequate staffing. The following is a break down t,i :. ~' .,.. ~rtime and security costs f,~t this event. Staffinl! Park Rangers Recreation Staff Maintenance Night Security 72 hours (-~ ~:: ~.',:' x 2 daysx 12 hours) 112 hours ~',' -.::::f x 2 days x 8 hours) 30 hours 15 :,: ',:~ x 2 days x 3 hours') 40 hours (i ,'.~:::- x 4 days x 10 hours) C ~:.'_~,_.': r h our_Total $15.00 $1,0§0 $14.00 $1.568 $14.00 $ 420 S18.r)0 S 72Q $3,788 APPROVAL TO AMEND SOLID WASTE MANDATORY COLLECTION ORDINANCE 9~30, AS AMENDED, AND INCORPORATE SAID AMENDMENTS INTO EXISTING FRANCHISEE SERVICE AGREEMENTS WITH WASTE MANAGEMENT, INC. AND IMMOKALEE DISPOSAL QBJEC,,TIVE; To streamline and improve the billing process for trash collection and disposal. CONSIDERATION; Currently, the County bills all residential customers who reside in duplexes, tri-plexes, four-plexes, single family homes or row houses. The franchisee bills all five-plexes and above. As the County has grow~, these billing practices have become increasingly more difficult to administer for staff and confusing for customers. Many subdivisions are built with a vadety of building sizes and densities. These buildings can be in one or many different associations. If one association has a four- plex, 2 six-plexes, 3 duplexes, and 1 eight-plex, both the County and the franchisee would bill this association and or the customers. The County would bill the individual customers on the tax bill for the four-plex and 3 duplexes. The franchisee would bill the association for the 2 stx-plexes and 1 eight-plex. To correct this problem, staff is proposing that the County bill only curbside service and the franchisee bill only dumpster service for residential customers. This will help the County's staff, the builder or developer and the customer. County staff will know at the time of C.O. whether a customer will be serviced curbside or dumpster. The appropriate fees will be charged or a copy of the contract for dumpster service will be needed. Staff will know whether the customer will be on the roll in future years by asking one question, 'VVhat type of service?' The customer would never be charged twice because staff doesn't need to know size of building, only type of service. Staff has identified (with help from the franchisee) dumpster service accounts currently billed by the County and curbside service accounts currently billed by the franchisee. The attached spreadsheet shows those who have dumpster service accounts which are billed by the County. The spreadsheet also shows that with current service frequency and container size, most customers would realize an increase in rates. However, the association should review service to assure they are receiving adequate service and not more than needed. Staff is also recommending a change to the Ordinance on guest houses. Currently the County does not bill guest houses and guest houses are defined as homes which are less that 40% of the main home. Staff has been to many guest houses and found that most have residents r~.ing year round. Staff has also researched other counties and found that they are charging for all houses including guest houses. Staff believes there are approximately 1000 guest houses in District 1. FISCAL IMPACT: The increase to 473-173411-343415 (Mandatory Trash Collection Fund) would be $539,800 composed of: 5600 units would be added (curbside units currently billed by WMI) = $604 576 1600 units would be removed (dumpstcr sewed units currently billed by County) = -$172.736 Increase from guest houses = 1000 homes ~ $107.96/each = $107,9~0 $431,840 · Total net increase $431,840 $107,960 $539,800 Of the total amount ($539,800) approximately 70% is paid to the franchisee and 30% is paid to Solid Waste (Fund 470) for disposal. The County also receives a 2% franchisee payment which would amount to a net increase of $10,800. GROWTH MANAGEMENT IMPACT; NA RECOMMENDATION: That the Board of County Commissioners approve the plan in concept and direct staff to advertise the amendments to the ordinance and to change the Waste Management and Immokalee Disposal Franchisee service agreements. PREPARED BY:' / (./-~ p',~-'------'''''-~ DATE T~resa A. Riesen, Revenue Manager/DOR DATE Waste Management of Collier County P,O. Box 413025 45~0 Exchange Avenue Hap)es. Florida 34104 (941) 649-2212 FAX (941} 649-5644 A Waste Manzgement Company April 1'7, 1998 Tere~ P~i~en Department of R~.enue Naples, Florida Dear Teresa: Waste Management of Collier Count)' agrees to the Department of Rcvcnue's propo~l for all commercial containerized pick-up to be billed by the hauler. All residential service will be billed by the count)'. If you have an)' questio~, pleas~ give me a call. bi,yis_)6n Manager ' a ~ivision of Wa3te Management, Inc. of Fica'ida MAY05 {998 { TO: FROM: DATE: RE: MEMORANDUM Teresa A. Riesen, Revenue Manager, Department By ' - -" of Revenue ' Rodncy C. Wade, Assistant County Attorney,/~a~~~--~ March 13, 1998 RLS: REV971124-40 Solid Waste Mandatory Program Amendments to Ordinance 90-30, as Amended and to Collier County Solid Waste Collection Service Agreement with Immokalee Disposal Co. and Collier County Solid Waste Collection Service Agreement With Waste Management Inc. of Florida In response to your above-referenced Request for Legal Services, Collier County Ordinance No. 90-30, as Amended should be further amended to read as follows: 1. Definition of Commercial Property: Collier County Code Section 118-86 Commercial Property should be amended as follows: Commercial Property means hotels, motels, multi-family and single family residences xvhich receive bulk collection s..ervice (dumps!er, bulk., loader] or any other property receiving such SCIW CC; · ................... ~ ............ ,b .............................. CXC . r owned town !:cuse: or row ko::~,~; recreational vehicle parks, mobile home parks containing mobile homes, excluding those mobile homes not located in mobile home parks that are considered real property under the state constitution and state law; all commercial manufacturing, agricultural, industrial and institutional enterprises; also, any building or structure containing a d~velling unit or units that is furnished, with or without rent, as an instant of employment, regardless of the number of dwelling units under one common roof, which is located upon real property that is the site of said employment and upon which are located buildings or structures otherwise treated as commercial property under the terms of this section. 2. Thc Collier County Solid Waste Collection Service Agreement with Waste Management, Inc. of Florida should be amended in the following manner: Page 2 of thc contract, paragraph G. Commercial Property means hotels; motels; multi-family _and single family residences_ which receive bulk collection service (dump&lc_r-bulk loader) or any other property receiving such scr~'ic.c_;. ~esi4ei3c-ee--e-y,~-e- o,,,~e-~,,,m-o,, '"or .... ' for-fee *..-,,-~.,:- rccreational vehicle parks, mobile home parks simple~~ .er re'.': ........ containing mobile homes, excluding those mobile homes not located in mobile home parks that are considered real property under the Florida Constitution and Florida Statutes; all commercial, manufacturing, agricultural, industrial, and institutional enterprises; also, any building or structure containing a dwelling unit or units that is furnished, with or without rent, as an incident of emplosznent, regardless of the number of dwelling units under one common roof, which is located upon real property that is the site of said employment and upon which are located buildings or stn~ctures otherwise treated as commercial property under the te;ms of this Section. 3. The Collier County Solid Waste Collection Service Agreement With Imokalee Disposal Co. should be amended in the following manner: Page 3 of the Contract, paragraph G. Commercial Property means hotels; motels; multi- family ~ residences which receive bulk collection .service (dumpster-bulk loader] pr any other property receiving; such service; .~.,idi~4; fc~:r 4 .... u:~ ,.nan.~,~.~4~,:~ c~.~cw~i.~~ue~; recreational vehicle parks, mobile home parks containing mobile homes, excluding those mobile home~ 2 mobile home parks that arc considered real property under the Florida Constitution and Florida Statutes; all commercial, manufacturing, agricultural, industrial, and institutional enterprises; also, any building or structure containing a dwelling unit or units that is furnished, with or without rent, as an incident of employment, regardless of the number of dwelling units under one common roof, which is located upon real property that is the site of said employment and upon which are located buildings or structures otherwise treated a.s commercial property under the terms of this Section. 4. Advertisement time: Advertisement of the County Commissioners' meeting upon which the proposed change to Ordinance 90-30 as amended shall occur ten days prior to the meeting in a newspaper general circulation as prescribed by 125.66 of Florida Statutes. Class A Notice: Those additional residences which will receive mandatory billing on the real estate tax statement as residential units shall receive Class A Notice as described in 197.3632, Florida Statutes. RCW/cc Enclosure- Contracts, etc. cc: David C. Weigel, County Attorney h: Ro4ney'?,h sc~:omrr~ rc ial pml:~'rtY DATE: April 24, 1998 TO: Board of County Commissioners Bob Fernandez, County Administrator FROM: Thomas W. Olliff, Public Services Admiaistrator/~ SUB J: Marco Island Coast Guard Station As you may recall,the Coast Guard Auxiliary of Marco Island approached the County Commission prior to Marco's incorporation requesting t,~,at the County ,ssist them in constructing a building and allow it to be located on the County's Caxambas Boat Launch Park property. The Board approved a project with a budget of $60,000, which included S40K from the County ,,nd S20K from the Coast Guard Auxiliary. The projecT, wJfich will be a small me:al building, is ready to be constructed with a purchase order pending. While the incorporation may ha,,? some impact on this park, it is rather unlikely as this is a regional park designed to serve a county-xvide population. Because of this and the County's need for boat launch locations in order to meet Grow'th Management I.evel of' Se.,-,'ice Standards, it is anticipated that the County would co.nlinue to own and operate t,h/s facility. Given all of this, the Park's stall' intends to proceed with the previous Board direction and issue the purchase order for the construction of the Coast Guard Auxiliary building. The, pur.ch_~ase order willie tel_eased on W~.~lay M.ay 6, 1998. This memo is provided i.n. order to g. ive you an (X)port~cu$1; the matter, shoLJld you h.ave any concerns, aA one of' the two B_._oard meeti.ngs th~_will t;)e held or/or to May 6m~ If you need any additional information regarding this project or have any related questions, please do not hesitate to call. 'D'/O/jb cc.:/',4arla Ramsey, Parks and Recreation Director AGEN03 !J. F..~ HAY - 5 1998 D i ¥ t s i o N "~" 0 N C 0 U I S £ F o R S U C C E S S MEMORANDUM DATE: TO: FRO M: April 27, 1998 Bo~d of County Commissioners Timothy L. ttancock, AICP Commissioner, District 2 Attached resolution and draft ordinance on cthics adopted by thc Collier Coun~ Republican Executive Committee on April 6, 1998 I b'ill be asking that the Board of County Commissioners add the attached resolution and draft ordinance for discussion and/or action to our April 28" BCC agemta. TLH:vgr Attackment Collier County e . v.a- · bli - Repu can Executive Committe~ ~ ~ChMrm~n 1100L,~bi~n~Circ~,~201 · N~ples, F~341~' ..... . ...... ~¢¢:* . IH1 (g4~} S97-5S40 [~ (9411 SgS-2g~ * F~: (941) Sg837~S -2' '~'--: April 21, 199g Honorable Timothy Hancock Collier County Government Complex 3301 Tamiami Trail East Naples, Florida 34112 Dear Enclosed please find the Resolution and "draft" Ordinance on ethics which was adopted unvsfimously by the Collier County Republican Executive Committee on April 6, 1998. We look forward to working v,'ith you in the adoption of an ethics ordinance for Collier County. Please do not hesitate to call on us if you have any questions, comments or if we may be of any assistance in this matter. With warrnest regards, I remain Very truly yours, F Hardt, Chairman FRH/Is Enclosure cc: CCREC Executive Board Douglas Rankin, Esquire (w/enclosure) Chairman, CCREC Campaign Activities Committee COLLIER cOUNTY REPUBLICAN EXECUTIVE COMMITTEE RESOLUTION ON E_THICS ORDINANCE Wherems, public officials are agents of the people and hold their position for the benefit of the public; and Wherems, public officials are bound to observe, in their officials acts, the highest standards of ethics regardless of personal considerations, recognizing that promoting the public interest and rrmintaining the respect and faith of the people in their government must be of foremost concern; and Where--, the proper conduct and operation of government necessitates that public officials be independent ;md impartial and that public office not be used for private gain other than remuneration provided by law; and Where--, no public official should have any interest, financial or otherwise, or engage in any business trar~action or professional activity which is in conflict with the proper discharge of his or her duties in the public interest; and Whereas, no public official should accept or solicit anything of value, including any compensation, payment, financial or business interest, gift, loan, favor, or promise of future employment, based upon any understanding that the vote, official action, or judgment of the public official would be inftuenced thereby; and Whereas, the governing body of any county may adopt an ordi,,'nnce providing more stringent ethical standards or disclosure requirements; and Whereas, the existing provisions of state law under the jurisdiction of the Commission on Ethics as related to the investigation and enforcement of ethical violations are inadequate; THEREFORE, BE IT RESOLVED by the Collier County Republican Executive Committee that the Board of County Corranissioners of Collier County adopt a local ethics ordinance to provide more stringent ethical standards and disclosure requirements, and providing for the prompt investigation and enforcement of the same; and BE IT FURTHER RESOLVED, tl';at the Collier County Republican Executive Committee respectfully submits for consideration by th.' Board of Commissioners of Collier County the ethics ordinance in the form attached hereto as Exhibit Duly adopted this 6~ day of April, 1998, by the Collier County Republican Executive Committee. Is! Frederick R. Hardt ~2hairman Frm:FO~ lint.m c /si Chc~L~XI Kraus ecretary AG E N~A..~.I TEH No. ,~'.'2- · MAY - 5 1998 Pg. ~ ORDINANCE 98- DRAFT AN ORDINANCE OF COLLIER COUNTY, FLORIDA, ESTABLISHING A CODE OF ETHICS FOR COMMISSIONERS AND EMPLOYEES. WHEREAS, Chapter 112, Florida Statutes, provides standards of conduct for public officers and employees; and Wt-IEREAS, additional requirements will clarify and elevate current standards and are in the public interest, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COM2~SSIONERS OF COLLIER COUNTY, that: $_EC__rtO,V 1. 1. CODE OF ETItlCS AND CONDUCT.. Tkis Code of Ethics is in addition to the requirements of Chapter 112, Florida Statutes. Where there is a conflict between Chapter 112, Florida Statutes and th.is Code the more su-ingent requirement shMl apply. This code shall apply to County Commissioners and County employees. The term "person" includes commissioners and county employees. Written requests for interpretative rulings concerning the applicability of this code may be submitted by a County Comm. issioner or County employee to the County Attorney for written reply. Information concerning any incident or situation which demonstrates that a County Commissioner or County employee may have engaged in conduct contrary to this Code may be forwarded by complaint affidavit to the State Attorney for the Twentieth Judicial District for investigation and appropriate action. A person shall avoid any conduct, whether or not specifically prohibited by this section, which a reasonable person would expect to result in: (a) Co) (c) (a) using public office for private gain; giving preferential treatment to any person; or making a government decision outside official channels. Except as provided in paragraph Co) and (c) of this subsection, a person shall not solicit or accept, directly or indirectly, any gilt, gratuity, favor, entertainment, loan, or any other thing of monetary value, from anyone who: EXHIBIT" .of~ - - F..,g,, _.'"/' DRAFT Cb) (1) (2) (3) (4) has, or is seeking to obtain, contractual or other business or financial relations with the County; conducts operations or activities that are regulated by the County; has interests that may be substantially affected by the perfon'nance or non-performance of the person's official duty; is in any way attempting to affect the person's official actions at the County; or is offering an)q. hing of monetary value, including food and refreshments, to an employee because of the person's official position. The prohibitions enumerated in paragraph (a) and (c) of this section do not apply in the situations enumerated below: (l) (2) (3) Where family (such as those between the parents, children, or spouse of the person) or other personal relationships clearly demon.strate that the relationship rather than the business of the persons involved are the motivating factors. Food and refreshments: Under Chapter 112, Florida Statutes, the word "gift" is defined to exclude "Food or beverage consumed at a single sitting or event." Pursuant to §112.326, Florida Statutes, it is the purpose of th.is Code to require more stringent County disclosure requirements than provided for in Chapter 112, Florida Statutes. Therefore, notwithstanding any other section or personnel manual to the contrary, County Commissioners and County employees may accept food or beverage consumed at a single sitting or event onJy if the cost for said food or beverage does not exceed the rate for the appropriate per diem allowance for said meal as provided in Chapter 112, Florida Statutes. If, under circumstances beyond the control of the donee, the cost exceeds the per diem rate, the donee shall file a ,~wit"ten disclosure statement v-itl'fin five (5) working days of the acceptance with the County Administrator' on a form provided by The County Administrator. In addition, food or beverage may be accepted when (i) offered free in the course of a meeting or other group function not connected with an inspection or investigation, at which attendance is desirable because it will assist the person in performing his or her official duties; or (ii) provided to all panelists or speakers when a person is participating as a panelist or speaker in a program, seminar or educational conference. Loans may be obtained from banks or other financial institutions on customary terms to finance proper and usual activities of persons such as home mortgage loans. Page 2 of 4 Pa~~of. DRAgT"o. r,, · MAY - 5 1998 (c) (4) (6) (7) (8) (9) DRAFT Unsolicited advertising or promotional material such as pens, pencils., note pads, calendars and other items of norn.inal intrinsic value may be accepted, as well as job related literature. Gifts given for participation in a program, semi. nm' or educ.~ion~ conference may be accepted only when such gifts are (i) of nominal intrinsic value; (ii) in the na ,ture of a remembrance traditional to the particular sponsoring entity; and (iii) provided to all participants in the program. Contributions or expenditures reported pursuant to Chapter 106, Florida Statutes, campaign-related personal services provided 'without compensation by individuals volunteering their time, or any other contribution or expenditure by a political party. Awards of nominal value, plaques and dinners given by a civic or business organization to honor individuals or groups for meritorious service, acts of heroism, and similar conduct. Local outings offered to all County employees or with prior approval of the Board of County Commissioners, un.its of County employees. Acceptance of invitations given by organizations as a ceremonial gesture, with prior approval of the Board of Count'.,' Commissioners needed for events outside the CouJ:]ty. A person sh~l not solicit a contribution from another person for a gift to an official superior, make a donation as a gift to an official superior, or accept a gift from a person receiving less pay. However, this paragraph does not prohibit a voluntm-y gift of nominal value or donation in a nominal amou.ttt made on a special occasion such as marriage, illness, or retirement. No Coun~ CommS~ioner or County employee may engage in outside employment or other outside activity, with or without compensation, which is in conflict with or otherwise not compatible with the full and proper discharge of his or her duties and responsibilities to Collier County. Incompatible a=tivities include but are not limited tO: (a) ('b) (c) acceptance of a fee, compensation, gift, payment of expenses, or any other thing of monetary value in circ~ces in wh. ich acceptance may result in a corfflict of interest situation; or outside employment which tends to impair his or her mental or physical capacity to perform his or her duties and responsibilities in an acceptable manner; or outside employment or activities (excluding the publication, ,of articles) which reasonably might be regarded as official actio~ of the County or which might bring discredit upon the Count)'. EXHIBIT" .... Paga ,, , A III ,3 ,oi_-DRAFT Page 3 of 4 AGENDA ~EM NO. ~0o . _ HAY -5 1998 SECTgON 2_. SErES?tiff. If any section, or any sentence, paragraph, phrase, or word of this ordinance is for any reason held to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance, and it shall be construed to have been the legislative intent to pass the ordinance without such ~constitutional, invalid or inoperative part. I SECTION 3. PENAL TE Pursuant to {}125.69, Florida Statutes, a person who violates any provision of this Ordinance shall be subject to prosecution in the name of the State in the sa:ne manner as misdemeanors are prosecuted; and, upon conviction such person shall be punished by a fine not to exceed $500.00 or by impfisorenent in the County Jail not to exceed sixty. (60) days or by both such fmc and imprisom'nent. SECTION 4. EFFECTFVE DA TE. This ordinance shall become effective upon becoming law. Approved and adopted by the Board of County Commissioners of Collier County., Florida on th.is day of , 1998. D AFT This ordinance was moved for adoption by Commissioner , seconded by Commissioner ...... and adopted by the follov,'ing vote: Chairman Vice Chairman Commissioner Commissioner Commissioner The Chairm~ thereupon declared the ordinance duly passed and adopted this day of ., i998. Attest: Dwight E. Brock, Clerk By: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Chairman Approved a.s to form and legal sufficiency DRAFT Page 4 of 4 ~ounty Attorney No. /"'' . .MAY - 5 1998 EXHIBIT"~ Page. t John C. Norris District 1 Timothy L. Hancock, A1CP Districl 2 Tin'~otl'~ J. Constanbne District 3 Pamela S. Ma¢'Kie Dist4ct 4 Barbara B. Berry Di._,t dct 5 3301 East Tamiami Trail · Naples, Fiodda 3~,112-4977 (941) 774-8097 · Fax (941) 774-3E,02 MEMORANDUM DATE: TO: SUBMITTED BY: RE: April 29, 1998 Board of County Commissioners Timothy J. Constantine Commissioner, District 3 Collier Count)' Board of Commissioners Ethics Ordinance For several months the issue of ethics in government has been at the forefront of the nev,'s ia Southwest Florida. Questions over business dealings of two Commissioners and the result on their ability to govern appropriately have lingered. The public has expressed a concern about a variety of ethical issues. Some are problems of perception, but some could very well prove to be problems of substance. While one hopes and expects that all our elected officials are beyond reproach, rea:.~nable extra safeguards should offend no one. There appear to be two primary areas of concern. The first is private business relationships a Commissioner may have with people or entities that appear before the Board. While Chapter 112, Florida Statues, clearly state elected officials shall avoid any conduct which a reasonable person would expect to result in: a. using private office for public gain b. giving preferential treatment to any person c. making a government decision outside official channels AGENDA ~TEM HAY - 5 1998 Memorandum April 29, 1998 Page -2- We have still had questions about the business dealings of two Commissioners. One has had to "conflict out" of voting roughly thirty times. Another was involved in a high profile development proposal. Each has raised a question in the public's mind as to the impact of their personal dealings on other government decisions. Regardless of whether there is merit, the issue has been raised and the perception is there. The most simple way to avoid these issues in the future is for County Commissioners to be prohibited from engaging in business with anyone who could reaz, onably be expected to come. before the Board of County Commissioners requesting any sort of decision. No outside business of that nature means few or no situations where conflicts could arise. The second issue is the long wait for a final response from the State of Florida when ethics complaints are filed. It can take as long as a year and one half, which means either the public is stuck with an elected official 1 $ months longer than it should be, or an unsubstantiated claim can unnecessarily tarnish an official's image for 18 months. Neither situation is acceptable. Obviously, our Commission does not have the authority to alter the State process, however we can supplement it. I have been in discussions with member(s) of our local judiciary about a three member panel of judges who could review the facts in any ethics complaint and issue ma Advisory to the public. The Advisory, while non-binding, would be intended to help tl-,e public gauge the intensity of concern from an apolitical, nonpartisan body. The objective Advisory could be as simple as one of three recommendations by the panel. Examples of potential recommendations: I. The complaint appears motivated by something other than a serious ethical lapse. While all complaints warrant investigation, it appears public confidence in tiffs official should not be affected by the ongoing investigation. 2. The complaint warrants further investigation by the State of' Florida. An immediate full explanation of the facts by the elected official to the public is strongly encouraged. 3. It appears that a serious ethical lapse may have indeed occurred. It is the panel's advice that the elected official voluntarily suspend regular activities of office until the State has concluded its investigation. Again, I stress that the panel would be Advisory in nature and offer non-binding comments for the benefit of the public The citizens could achieve some level of comfort without having to wait 18 months. HAY - 5 1998 Memorandum April 29, 1998 Page -3- These two issues are key elements in assuring public confidence in the work we do. Numerous tangential issues have arisen; however, we should be careful not to be sidelined or distracted by such issues that have not been and are extremely unlikely to be problem areas. In closing, the facts demonstrate that Collier County has been blessed with good people in public office. Not all communities have been so lucky. In the past fifteen years, numerous Florida communities have had to live through the nightmare of abuse and neglect of public office. If there is a problem, real or potential, it is our responsibility to respond. Let us make sure, however, that our actions are careful, measured and carry some substance. Overreaction, unnecessarily cumbersome or needless changes where no problem exists, may gain a temporary bump in public relations, but in the 10ng run do more harm than good. I be!ieve the two issues I have addressed deal with real and/or potential problems. I am confident they go a long way toward assuring the people of Collier County that they will rightfully expect fro ir public servants. continue to enjoy the ethical behavior they [~fi'nunissil~ner, District 3 TJC:cb HAY - 5 D_~[~: To re-appoint/appoint members to the Lake Trafford Restoration Task Force and approval from the Board of County Commissioners for the extension of the conu'rfittee for 1 year, expiring on May 7, 1999. CONSIDERATIONS: On May 7, 1996, the Board of County Commissioners sdopted Resolution No. 96-225, establishing the Lake Trafford Restoration Task Force for a period of 1 year to identify ways in which to adequately restore the lake, as well as determine the best funding sources available for thc Lake Trafford restoration effort. The 14 mernber task force was to prepare written findings and recommendations and present them to the Board of County Commissioners within I year. On May 20, 1997, the Board of County Commissioners extended thc term for 1 year expiring on May 5, 1998. In order to permit the Lake Trafford Restoration Task Force to finalize its work, it is necessary to extend the task force through May 7, 1999. The membership of the task force is as follows: MEMBER Barbara B. Berry, Chairman - Board of County Commissioners ~ Carlson, South Florida Area Manager - National Audubon Societ7 Dr. Eric Flaig, Senior Engineer - South Florida Water Management District Dr. Gail G. Gibson, Senior Hydrogeologist - Pollution Control Department Gene Heam - Rex Properties John M. Iglehart, Environmental Manager - Water Management Division Frank Morello, Biological Administrator - Game & Fresh Water Fish Commission Edward Olesky - Lake Trafford Marina, Inc. Miles Scofield - Scofield Mar/ne Consulting Michael Simonik, Environmen~ Policy Facilitator - The Conservancy Jackie Smith, Regional Biologist - Department of Envkorunental Protection Clarence Tears, Director - Big Cypress Basin Fred N. Thomas, .Jr., - Greater Immokalee Chamber of Commerce Pam Brown - new appointment FISCAL IMPACT: NONE GROWTH MANAG.E. MENT hMPACT: NONE .RECOMMENDATIQN: That the Board of County Commissioners approve the attached resolution for re-appointments/appointment of members to the Lake Trafford Restc~tion Task Force; extend the task for 1 year with an expiration date of May 7, 1999. ' ..... AGENCL6 ~TEM No. /u.c_.. Prepared By: Sue Filson, Administrative Assistant Date: MAY 5, 1998 MAY - 5 1998 pg. ,SENT BY:CC HOUSING AUTHORITY ; 4-20-g$ ; 2:52PB = ?743502;1 1 RECEIVED .Board of Count~. Corr~issioners I 1800 Farm Worker Way. I~m~.~e, ln.~rida ~41,12 (~ll) 65%3649 Fax: (941) 657-~2 AGEN TEH - ,,'~AY - 5 1998 LAKE ~'RAFFORD RF.,YTORA TION TASK FOR CE Sue Irilso n Board of Cou~ Commis6orm-~ ~01 Faro Tsmi~g Trsll Fa~ lqs:pks, Florida 34112 Att~hed ~ a ~ i~ or,he Lak~ Trafford R~r~on T~k For~ ~ who actively inv~lv~ in the re~tormion of the lske. We ~r~ due to ~ in May ~ need to ml~ortly for wire will b~ a thr~y~' work progr~n. C;: Lak~ Trdrvrd Pamoration Trak Forc~ AGENDA IT. EM Nc) o~ /4AY -5 1990m'' Po. ~ . ~ENT BY:CC HOU$I~ AUTHORITY · o o , 4-20-$a , 2:52Ptl , CCHA'* '/743,'~02 ;~I 3 QITtl & FiSh WMat Fi~ ~ Wld~~~~12 Phor,: (941,___v~ pF~ ~ P~. ~ O, M:mO~ Ph.D., P.O,, Ca'dot ~.~ CoMr Cou~ Oova'rvn~ :3~01E. TlrnM'nl Trefl, B, kSg. H, 3~ Fkx:x' NmiXel. Fk3rfdl 3,4112 (941)732-2674 E-mil: rffn IC3(34 I~N:MI. f'M P4x PmpmM IDhon~ (:841~0~'7~17 ~ Fkxtdl 341n9 Pt~ (Od1)2a~.0304 ~Kf. 222 FBx: (941 :)31S2.e~r?2 31114~13 FMtLIII Way Wi~ Fkxtdll ~414 (061)701.4720 (~1)791-4Y22 AGENp~ ~T..E,M MAY - 5 1998 P.O. Bm( ~ (141)8e7-171~ AGENDA Z~E~ No. ,~0. C.... -4Bl~ MAY - 5 1~8 N~ pg. ,~"~ o Pd~SOLUTION NO. 98- A RESOLUTION EXTENDING THE TERM. OF THE LAKE TR. AFFORD RESTORATION TASK FORCE AND REAPPOINTING MEMBERS TO THE LAKE TRAFFORD RESTORATION TASK. FORCE. WHEREAS, ~h¢ Board of County Cornmi~ion~ of Collier Court%,, Flm'kh, R~olution Nos. 96-225 ~d 97-250, ~ablishing ~ ~ T~ffo~ R~ T~ F~ f~ p~ of ~e y~ ~d ~ ~t~ing thc t~ for ~ ~difi~ ~c (1) May 7, I~8; ~ ~~, in o~ m fi~lize ~e wo~ n~ m ~ n~e~ m ~t~ the t~ ofthi~ ~d h~ ~mmia~ f~ ~ ~ditio~l ~e (1) y~ ~; md ~~, ~he ~aimm of the ~e T~fford R~6~ T~k NOW, ~FO~, BE ~ ~SOL~D BY ~ BO~ OF CO~ CO~{ISSIO~RS OF COLLIER CO~, FLO~& I. ~e ~ke T~fford Re~loralion T~k Fome i~ h~by ~t~d~ for ~n ~ditio~l ped~ ofone (I) ye~, ~aid tern lo ~pire May 7, !~. 2. ~e following mmb~ ar: he.by ~-~int~ to ~e ~e Tmff~ T~k Force. Barbara B. Berry, Chairman, Board of County Commissioners Ed Carlson, South Florida P."r.a Manager, National Audubon SocieW Dr. Eric Flai~'. Senior Engin~'r, South Florid~ Water M~n~gemen! District Dr, Gill G. Gibson, Senior Hydrogeolo&qst, Collier Conn~y Pollution Control Dep.~'tment Gene Heam, R~x John M. 181ch~rt, Environmemal Administrator, De.p~tment of Envirorm~en~al Protection Frank Momllo, Biological Administrator, Division of Fisheries, Evergl~dcs Re~qcm, Game & Fresh Watt-r Fish Commission Edward "Ski" Olesky, L~ke Trafford Marina, Inc. Miles "Rocky" Scofield, Scofield Marine Consulting Michael Simonik, Environmental Policy Facilitator, The Conservancy Jackie Smith, Regional Biologist, Department of Environmenlal Protection Clarence Tears, Director, Big Cypress B~in, South Florida Wster M~.nagement Di~"crict Fred N. Thomas, Jr., Greater Immokalee Ch~J'nber of Comznerce AG£ND¢ NO P~e I of 2 HAY - 5 19fl8 P~. ~ 3. Para Bruwn is hereby appointed lo the Lake Traffc~ Re~:~'~on Task F~'ce. Tiffs P.~aolufion ndopled ~b[s. . day of ,199~ after motion, second arxi majority v~e frv~ring t.~rne. ATTE.TT: DWIGHT E, BROCK, BOARD OF COUNTY CO~,O~flS$IONERS COLLIER COUNTY, FLORIDA By: BARBARA B. BEKRY, CHAIR.M~N Approved as ~o form tnd legal ~uffi ci~'o':. David C. Weigel ~) County Attorney Task Pale 2 of 2 EXECUTIVE SUMMARY DEFERRAL OF ONE HUNDRED PERCENT OF THE IMPACT FEES FOR 101 UNITS OF A 168 UNIT AFFORDABLE HOUSING PROJECT KNOWN AS ARBOR VIEW APARTMENTS AFFORDABLE RENTAL UNITS, TO BE BUILT BY A FLORIDA LIMITED PARTNERSHIP, AND SUBORDINATION OF LIEN. To have the Board of County Commissioners approve dcfcrral of the Library System Impact Fees, Parks and Recreational Impact Fees, Road Impact Fees, Emergency Medical Services Fees, Water Impac! Fees, Sewer Impact Fees, and Educational Facilities Impact Fees for 101 units of a 168 unit rental affordable housing project to be corisl~cted by Arbor View, Ltd. CONSIDERATIONS: On March 17, 1998 Arbor View, Ltd. a Florida Limited Partnership, filed an impact fee deferral application to provide for 101 of 168 dwelling units to be rented by tenants with incomes not exce-.xting 60% of median household income for Collier County. Under the terms of the impact fee waiver and deferral ordinances Arbor View, Ltd. is eligible for the following impact fee deferrals: a) Library System Impact Fees $ 18,232.52 b) Road Impact Fees 94,435.00 c) Parks & Recreation Impact Fees Community Parks 40,299.00 Regional Parks 18,079.00 d) Emergency Services Impact Fees 202.00 e) Sewer Impact Fees 135,340.00 f) Water Impact Fees 90,900.00 g) School Impact Fees .~SJ.,f22.d~ TOTAL IMPACT FEES DEFERRED $ 481,014.52 FISCAL IMPACT: Impact fees totaling $481,014.52 would be deferred until November 15, 2004. These impact fees would be repaid and available in the appropriate impact fee funds for the fiscal year 2004 budget. The proposed fiscal impact fee deferral is not budgeted. On March 30, 1994 impact fee ordinances were amended to not require reimbursement to the impact fee funds for Affordable Housing Impact Fee Deferrals granted fora six year period. ~' ~]l~A) MAY 0 5 1998 P~. ~ Executive Summaxy Arbor View Apm-'a'nents Page Two GROWTH MANAGF. bfENT [MPAC~r: Dermal ofimp~t f~ will provide relief to a dev¢lolgr of housLug for very low and low income famili~ ia complianc~ with Policy 1,5.2 of the Housing Element of the Grow'~h Man~g~ne~t Plan. RECOMMF. NDATIONS: The Boazd of County Commissioner~ approve the def~'al of impact fe.e~ for 101 o£ 168 units of Arbor View Apa.,'tm~ts to be built in Collier County by Arbor Vi~,v, Ltd. The Board of County Commissioners c~n delay the contribution for impact fee deferrals for up to seven year~ from the date of deferral. This impact fee deferral is due and payable on November 15, 2004. 04/17/98 PREPARED BY: ~G'~¢Z l~fi~Ii~, Director Housing'm:d Urban Improvement Date APPROVED BY: Vincent A. Cautero, AICP, Adminisuator Community Dev. And Environmental Svcs. Date jd/f/sr'oorview/¢ x ~:sum 6 7 8 9 I0 11 12 13 14 ~6 19 2O 21 22 24 25 26 28 29 31 32 3] 36 RESOLUTION NO. 98- . A RESOLUTION OF TIlE BOARD OF COUNTY CO~rlSSIONT...RS, COLLIER COUNTY, FLORIDA Au'rHoRIZING THE DEFERRAL OF LIBRARY SYSTEM IMPACT FEES, PARKS AND RECREATIONAL FACILITIES IMPACT FEES, ROAD IMPAC-I' FEES, WATER IMPACT FEES, SEWER FISIPACT FEES, EMERGENCY MEDICAL SERVICES IMPACT FEE5, AND EDUCATIONAL FACILITIES SYSTEM I~PACT FEES FOR 101 OFTHE 168 UNITS FOR ARBOR VIEW APARTMENTS, AN AFFORDABLE RENTAL HOUSING PROJECT, AND SUBORDINATION OF LIEN. WHEREAS, Collier Ccunry h~ rccol:nized ~d anempled to address the lack of ade..quate and affordable houling for moderate. Iow, and very Iow income households in Collier County and the need for creative and innovative programs lo assis~ in the provision of such housing by including several provisions in the Collier County Growth Management Plan. including: objective 1.4. policy 1.4.1, objective 1.5, policy 1,5.2, policy 1.5.3, policy 1.5.4, policy 1.5.5, policy 1.5.6; object 1.6, policy 1.6.3; objective 2.1, policy :'.1.1, policy 2.1.2, policy 2.1.3, policy 2.1.5, and policy 2.1.6 of the Housing I::lcmcnt; and WIIEREAS, Arbor View. Ltd. '~,ill undertake ~hc dcvelopmen~ of Arbor Vic,,,,' Apartments, a one hundred sixty eighl (168) uni~ affordable rcmal housing commun,y on a si~c located in Collier Courtly, Florid,,. of¥.'h~ch Arbor Vie,,,. L~d is or. ncr; and WHEREAS. an March 1'. 199~. an apphcal~on '.,.as filed ~,,~h the Housing and Urban Improvemcnl Dcpa.amem for the deferral o£Colher Count)~mpacl Fees For 101 of'thc 168 units of thc Arbor Vie',,.' Apartments consis~en~ with ~he requirements or' the County impact Fee ordin~ccs; ~d WtlEREAS, ,n accordance with Sccnon 3.4 o1' the Libra.">' System L'npact Fee Ordinance, Ordinance No. 88-97, a.s a.mendcd; Secdo.", 4.05 of '~he Parks and Recreational Facilities Impact Fcc Ordinance, Ordinance No. 88-96. as lmcnded; Sec,on 3 04 of the Road lmpacl Fcc Ordinance. Ordinance No. 92-22, as amended. Collier County Ordinance No. 90-$6. as amended, thc Collier Counly V,',~er Syslem Impacl Fee Ordinance; Colher County Ordinance No. 90-87, ~ amended, thc Collier Counly Sewer System Impact Fee Ordinance; Section 3.05 of thc Emergency Medical Ser¥iccs System lmp',ct Fee Ordinance, Ordinance No. 91-71, as amended; and Section 3.05 of' the Educational Facilities System Impac~ Fee Ordinance, AO D NO,. ~ I 2 4 6 7 9 10 I 2 3 5 6 17 18 19 20 21 22 23 2a 25 26 27 28 29 30 31 32 33 34 35 36 37 3g 39 Ordinance No. 92-33. u a. mrad~t, ~n qvp~ic~nt ma), ob~n a dermal of one h~cd ~rccnl (I~/0 of~p~ f~ for a p~ or,ix (6) y~ by quali~g for ~d d~f~; ~d ~~, ~r Vi~ ~U ~ q~fi~ for ~ ~p~l f~ def~ b~ u~n ~e follo~g ~r~ufio~ ~e by ~r Vi~, Ltd.: ~ ~ ~el~g U~t ~ ~ ~e ~ ~d~g of~e ~up~t~t. B. ~e ~ehold ~:~g ~e ~el~g U~t muir ~ve a v~ Iow or low income level, ~ ~e ~c~t of ~c l~holfl ~d d~tion ~crcoL ~ ~at I~ is defined in · e App~dices ~ ~e ~6ve ~pact F~ ~din~ces ~d the mon~ly r~t must be ~ ~he ~or~le M~g ~delines es~blish~ in ~e App~diees to ~e ~tive ~pgt F~ ~c~. C. ~e ~ell~g U~t ~I r~ain ~ordable for It le~t fiieen (15) ye~s bom the date ~e c~ificate of ~cup~cy is ilsued. 1. ~e Bo~d ofCoun~ Co~i~sionm h~eby ~uihofized ~he defe~al by Collier Coun~ of the following'impact fees in the ~ount~ lis:ed below for the one hundred and one (101) of the one hundred sixty eight (168) affordable housing units m be developed by Mbor View, Lid. ~ identified in Exhibits "A" ~d "B": a) Library System Impact Fees $ 180.52 S 18,232..52 b) Road Impact Fees 93.5.00 94.435.00 c) Parks & Recreation Impact Fees Community Parks 399.00 .1u.299.00 Regional Parks 179.~ ! S.0'9.00 d) Emergency Ser','iccs Impact Fees 200 202.00 e) Sewer Impact Fees 1,340.00 135,340.00 0 Water Impact Fees 900.00 90,900.O0 g) School Impact Fees 827.O0 83.527.00 TOTAL I.MPACT FEES D£FER. RZD $4,762.52 S481,014.52 2. A) In compliance with the provision of the Collier County impact fee ordinances, Arbor View, Ltd. has demonstrated to the County that a subordination of ~he County's rights, interests and lien is necessao' to obtain financing for the Arbor View Apartments, an affordable housing project consisting of one hundred sixty eight (168) multi-family dwelling units; and gAY 0 5 1998 4 $ 6 ? 9 lO 1! ]2 13 14 ~5 16 17 2O 21 22 23 24 B) In compliance with th~ pr~visiom of the impact fee ordinances, the Owner will deliver to the County ~ubrdtule collaleral in the form of cash and a cash equivalent financial immm~en! payable to the County which together will yield to the County the full amount of the deferred impact fees, i.e., the sum of Four Hundred Eighty One Thoutamd and Fo~rleen Dollars ~ 52A00 (S4gl,014.52) al the cxpL"afion of the period of thc deferral, November 15, 2004, i.e., a United States Treasury Zero Coupon Bond wkich will mature at the end of the deferral l:~iod, November 15, 2004, md, upon marurivy, would yield an ra'nount equal to the amount of the deferred fees. County coveruxnts and agrees that it will not negotiate the bond unless and until the deferred impact fees become due and payable pursuant to the terms of the Agreement for Deferral of Collier County Impact Fees and fha! all moneys received by negotiation of the bond shall be applied to the payment of said del,re'cd impact fee obligation owing by Arbor View, Ltd. C) The County hereby covenants and consents and agrees that its rights, interests and lien pursuant to the Agreement shall be subordina,ed to the lien of the Morlgage and Security Agreement ("Mortgage") and other documents executed by Owner in consideration therewhh from Arbor View. Ltd. to WR.H Mon.~age, Inc. or Midland Mortgage Corp.. or other primary lender in the principal amoum of up to Eleven Million Dollars (SI l,OOO.O00) plus accrued interest and all advances authorized under th,: provisions of' such mortgages. The Coun:y ',,,'ill execute r,'ach subordination agreements as may be reasonably required by said mortgagees. Deferral of said impact fees is subject to and contingent upon execmion ~d recordation of an Agreement for Deferral of Collier County Impact Fees which shall be entered into between the applicant and County. This Resolution adopted after motion, second and majority vote favoring same. 25 DATED: 26 ATTEST: 27 Dwight E. Brock, Clerk 28 29 ' 30 31 32 Approved as to form and 33 Icgal~suf'fi;ienov: / . 35 H~:i~i¥.'AJhton ' - Assistant County Attorney 36 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Barbara B. Berry, Chairman 1998 EXltlBIT "A' AR.BOR VIEW APARTMENTS ' LEGAL DESCRIlYEIOH The l~orth 300 fee~ on the North % of the North % of the Southwest % of the Northesst % of S~on 10, To~sbfp 48 Sou~ ~ge 2S E~ Co.er Coun~, ~ ly~g w~t of ~e Tz~z~ Tr~ (S~ ~ad no. 4~ ~d ~o ~e Sou~ 1~ of ~e No~ % of the No~c~t % ~g w~t of O~ U. S. 41, Scion 10, Township 48 South, ~nge 25 Ets~ Collier Count, ~orldL MAY 0 5 1998 EXHIBIT UNPLA'f'T~ POL~ H~GHT: 55' / / ARBOR VIEW / / / ! / / MAY 0 5 1998 AGREEMENT }'OR 100% DEFERRAL OF COLLIER COUNTY IMPACT FEES This Agreement for the Deferral of Impact Fees entered into this ~ of 199g, by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and Arbor Vie,,,,', Ltd.. hereinafter referred to as "OWNER". WHEREAS, Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, as amended, the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71, as amended, the Collier County Emergency Medical Services System Impact Fee Ordinance; Collier County Ordinance No. 92-22, as amended, the Collier County Road Impact Fee Ordinance; Collier County Ordinance No. 90-86, as amended, the Collier County Water System Impact Fee Ordinance; Collier county Ordinance No. 90-87, as amended, the Collier county Sewer System Impact Fee Ordinance; and Collier County Oi'dinance No. 92-33, as amended, the Collier County Educational Facilities System Impact Fee Ordinance, as they may be further amended from time to time hereinafter collectively' referred to as "Impact Fee Ordinance", provide for deferrals of impact fees for new owner-occupied dwelling units qualifying as affordable housing; and WHEREAS, Arbor View, Inc. is the duly authorized General Panner with Charles Erdman, Jr. as President; and WHEREAS, Arbor View, Ltd. has applied for a deferral of impact fees as required by the Impact Fee Ordinance, a copy of said application is on file in the Housing and Urban Improvement Department; and ~,VHEREAS, the County Administrator or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing deferral of impact fees as established in the Impact Fee Ordinance; and 0 5 1998 , at its regular meeting of WHEREAS, the Impact Fee Agreement with the COUNTY. WHEREAS, the impact fee deferral shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee deferral; and WI~REAS, the COLrNTY ~proved a deferral of impact fees in the amount of Four Hunded Eighty One Thousand and Fourteen Dollars and 52/'100 ($481,014.$2) for six yea.rs from date of certificate of occupancy for Arbor View Apartments embodied in Re~olution No. 98- and Ordinance requires that the O'~,~"ER enter into an NOW, THEREFOI:~, in consideration of the foregoing recitals, the parlies covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling units (the "Dwelling Unit") is attached hereto as Exhibit "A" and incorporated by reference herein. 3. SITE PLAN. The site plan of the dwelling units (the "Dwelling Unit") is attached hereto as Exhibit "B". 4. TEILM. OV, q~ER agrees that the Dwelling Unit shall remain affordable and shall be offered for rent in accordance with the standards set forth in the appendix to the Impact Fee Ordinance for a minimum of fifteen (15) years commencing from the date a certificate of occupancy is issued for the Dwelling Unit. 5. REPRESENTATIONS AND WARRANTIES. OWNER represents and wan-ants the following: a) The Dwelling Unit shall be the permanent residence of the occupant/tenant. b) The household renting the Dwelling Unit must have a very Iow or Iow income level, at the commencement of the leasehold and duration thereof, as that term is del Appendices to the respective Impact Fee Ordinances and thc monthly rent ust be within MAY 0,5 1,998 o 7. the affordable housing guidelines established in the Appendices to the respective Impact Fee Ordinances. The Dwelling Unit shall remain affordable for at least fifteen (15) ye, ars from the date the certificate of occupa.ncy was i~sued. SUBSEQUENT RENTAL OR TRANSFER. If OWNER rents the Dwelling Unit subject to the impact fee deferral to a subsequent renter, the Dwelling Unit shall be rented only to households meeting the criteria set forth in the Impact Fee Ordinance. The impact fees deferred shall be immediately repaid to the COUNTY upon the discontinuance of use of the Dwelling Unit as affordable housing, or six years from the date such impact fees are deferred, whichever occurs first. OWNER agrees that even though the impact fees have been repaid to the COUNTY, the OWNER will utilize the Dwelling Unit for affordable housing for at least fifteen (15) years from the date the certificate of occupancy was issued for the Dwelling Unit. LIEN. The deferred impact fees shall be a lien upon the property which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement. The COUNTY acknowledges and agrees that: (a) In compliance with the provision of the Collier County Impact Fee Ordinances, OWNER has demonstrated to the COUNTY that a subordination of the County's rights, interests and lien is necessary to obtain financing for Arbor View Apartments, an affordable housing project consisting of one hundred sixty eight (168) units; and (b) In compliance with the provisions of the Impact Fee Ordinances, the will deliver to the COUNTY substitute collateral in the form of cash and a cash equivalent financial instrument payable to the County which together will yield to the COU'NTY the full amount of the deferred impact fees, i.e., the sum of Four Hundred Eighty One Thousand and Fourteen Dollars and 52f!00 ($41 the expiration of the period of the deferral, November 15, 2004, i.e., ~o./¥~? . I a United hlAY 0 5 1998 ninety (90) days to comply with the Affordable Housing guidelines set forth respective Appendices. States Treasury Z~ro Coupon Bond which will mature at the end of the deferral p~iod, November 15, 2004 and, upon maturity, would yield an amount equal to the amount ofthe deferred fces. COUNTY covenants and agrees that it will not negotiate the bond unless and until the deferred impact fees become due and payable pursuant to this agreement and that all moneys received by negotiation of the bond shall be applied to the paym~tofsaid deferred impact fee obligation owing by Arbor Vi~v, Ltd. (c) The County hereby covenants and consents and agrees that its fights, interests and lien pursuant to this agreement shall be subordinated to the lien of the Morlgage and Security Agreement ("Mortgage") and other documents executed by OWNER in consideration therewith from Arbor View, Ltd. to WR.H Mortgage, Inc. or Midland Mortgage Corp., or other primary lender in the principal amount of up to Eleven Million Dollars ($11,000,000), plus accrued interest and all advances authorized under the provisions of such mortgages. The COUNTY will execute such subordination agreements as may be reasonably required by said mortgages. 8. ANNUAL REPORT. Annually, the OWNER ofthe Dwelling Unit shall provide to the County Administrator an affidavit of compliance with the affordable housing qualification criteria and standards set forth in the Impact Fee Ordinance. Said affidavit must be filed within thirty (30) days of the anniversary date of the issuance of the certificate of occupancy. If the income of any unit renter which originally qualified as low income level as defined in the respective Appendix to the lmpact Fee Ordinance increases by more than forty percent (40%) above the low income level described in the appendix, then the per unit deferred impact fee on the non-compliance unit shall become immediately due and payable by O~2q-ER or, in the alternative, the GWNER shall have NO. ~ 4 MAY 0 5 1998 9. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements, and upon payment of the deferred impact fees, the COUNTY shall, at the expense ofthe COUNTY, record any necessary documentation evidencing such payment, including but not limited to, a release of lien. 10. BINDING EFFECT. This .Agreement shall be binding upon the parties to this Agreement, their heirs, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees deferred until said impact fees are paid in full. 11. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida within sixty (60) days after execution of this Agreement by the Chairman of the Board of County Commissioners. 12. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER fails to rent the property in accordance with the affordable housing standards and qualification r criteria established in the Impact Fee Ordinance and thereafter fails to pay the impact fees due within thirty (30) days of notice of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the' Impact Fee Ordinance for a period of fifteen (15) days after notice of violation. However, with respect to the Annual Report. OWNER shall not be in default of this Agreement until a fifteen (15) day grace period from the due date of the repor~ has lapsed in the event the OWNER is in default. 13. REMEDIES. Should the OWNER of the property fail to comply with the said qualification cr/tefia at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees deferred shall be paid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact fees deferred shall constitute a lien on the property commencing on the effective date of this agreement and continuing until paid. Except as set forth in Section 6, be superior and paramount to the interest in the Dwelling Unit of any :)WheT, lessee, MAY 0 5 1998 p,g. ,'~ _ tenant, mortgages, or other person except thc lien for County taxes and shall be on parity with the lien of any such County taxes. Should thc OWNER be in default of this Alp'e. ement and thc default is not cured within thirty (30) days alter written notice to thc OWNER, thc Board may bring a civil action to cm.forc.~ thc Agreement. In addition, thc lien may be foreclosed or otherwise enforce~ by the COUNTY by action or ~it in ~uity ~ for the foreclo~u'e of a mortgage on real property. This rcmecly is cumulative with any other right or remedy available to the COUNTY. Notwithstanding the foregoing, the COUNTY shall realize upon the collateral given to it by OWNER as described in Section 6c prior to exercising any rights to recover against property. The Board shall be entitled to recover all fees and costs, including attorney's fees, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for deferral of Impact Fees on the date and year first above wTitten. (2) Witnesses: OWN'ER: ARBOR VIEW, LTD.. By: ARBOR VIEW, INC. Its General Panner Charles J. Erdr~an, Jr. President DATED: ATTEST: DWIGHT E. BROCK, Clerk (CORPORATE SEAL) COUNTY: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA BY: Barbara B. Berry, Chairman Approved as to form and legal sufficiency ~ Cottony Attorney STATE OF FLORIDA os The foregoing i.n~ament was acknowl~ged before me this'5~ ( dgy of ~ 1998 by Charles J. Erdman, Jr., Pr~idcnt of Arbor View, Inc., General Partner of Arbor View, Ltd. He i~e or has produced (type of id~9~ifi~tion[as ~,~ Name of Acknowlcdger Typecl, Prinl¢d or Stamped jd/gm/f/arborview/agree EXHIBIT "A" ARBOR VIEW.. APARTMENTS-.LEGAL DESCRIPTION The North 300 feet on the North V, of the North V, of the Southwest ¼ of the Northeast ~A of Section 10, Township 48 South, Range 25 East, Collier County, Florida, lying west of the Tamiami Trail (State Road no. 45) and also the South 1/2 of the North M of the Northeast ¼ lying west of Old U. S. 41, Section 10, Township 48 South, Range 25 East, Collier County, Florida. -8- MAY 0 5 1998 EXHIBIT "B" UNPLATrF. D l] O Jf , t lt VA ]'ION It I ! I UNPLA~-rED POLE HEIGHT: 55' / ! ! ! ! ! FEET ¸:'0 REQUEST TO APPROVE FOR RECORDIN~ THE FINAL PLAT OF "WILDCAT CUVE TWO"Ar4D APPROVE THE VACATION OF A PORTION OF ~TERLI~ OAK~ DRIVE, AKD PORTIO}~S OF THE PLATS OF STERLIN~ OA~B AND WILDCAT CON~, PETITION8 AV-97-024 AND AV-97-026 To approve for recording the final plat of "Wildcat Cove Two", a subdivision of lands located in Section 10, Township 48 South, Range 25 East, Collier County, Florida, land approve the vacation of a portion of Sterling Oaks Drive, and portions of Sterling Oaks and Wildcat Cove, Petitions AV-97-024 and AV-97-026. CONSIDERATION: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Wildcat Cove Two". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. AIl fees have been paid. It is the intent of the developer to record the plat prior to construction of the improvements. The ~ecurity in the amount of 110% of the total cost of the.required improvements is being covered by construction and maintenance agreement and a Cash Bond. This would be in conformance with the County Land Development Code - Division 3.2.9. A resolution authorizing the acceptance of these re-platted lands is attached. This would be in conformance with Florida State Statute No. 177.101(2). Engineering Review Section recommends that the final plat of "Wildcat Cove Two" be approved for recording and that a copy of the replatting resolution be forwarded to the Clerk of Courts. F~I S CAL I~rPACT: The fiscal impact to the County is as follows. The project cost is $24,968.00 (estimated) to be borne by the developer. The cost breakdown is as follows: a) Water & Sewer b) Drainage, Paving, Grading - $23,362.00 - $ 1,606.00 The Security amount, equal to 110% of the project cost, is $27,464.80 MAY 0 5 1998 Executive Summary Wildcat Cove Two Page 2 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: $1,460.98 Fees are based on a construction estimate of $24,968.00 and were paid in October, 1997. The breakdown is as follows: a) Plat Review Fee b) c) d) Construction Drawing Review Fee Water and Sewer (.50% const, est.) Drainage, Paving, and Grading (.425% const, est.) Construction Inspection Fee Water and Sewer (1.5% const, est.) Drainage, Paving, and Grading {1.275% const, est.) Vacation Fee - $466.44 - $116.81 - $ 6.83 - $350.43 - $ 20.47 - 8500.00 The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. RECC~ATION, That the Board of County Commissioners approve the Final Plat of "Wildcat Cove Two" with the following stipulations: Accept the Bond as security to guarantee completion of the subdivision improvements. Authorize the recording of the Final Plat of 'Wildcat Cove.. Authorize the Chairman to execute the attached construction and maintenance agreement, and Resolution. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. Authorize the Clerk of the Circuit Court t~- ' notation of this action upon the previous plat. MAY 0 5 Executive Summary Wildcat Cove Two Page 3 PREPA.RED BY: John R. Hould~worth, Senior Engineer En~ineerin~ Review REVI~ BY .' Engineering Review Manager /Rob~r~ Mulhere, AICP Planning Services Department Director Vincent A. Cautero, AICP, Administrator Community Development & Environmental Services Community Dev. and Environmental Svcs. DIVISION Date Date Date Date 1998 I NORTH ~ o& NAF'LES : :2 ~ CF.,NT NAP ( AL ,, t :1 U R i3 A N -,-~.,.:,: ~ST ES :OLDEN c 0b'7 9199/ CONSTRUCTION AND MAINTENANCE AGREE1VIENT FOR SUBDIVISION IMPROVEMENTS TH/S CONSTRUCTION AND MAINTENANCE AGREF2vIENT FOR SUBDMSION IMPROVEMENTS entered into this day of 199~between Community Development Corporation of Sterling Oaks, hereinafter referred to ~ "Developer", and fl~c Boz_~d of County Commissioners of Collier County, Florida, he~LYmft~r referred to az "The Board". RECITALS ho Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board of a certain plat of a subdivision to be known az Wildcat Cove Two. Bo Division 3.2 of the Collier County Land Development Code requires the Developer to post appropriate guarantees for the construction of the improvements required by said subdivision regulations, said guarantees to be incorporated in a bonded agreement for the construction of the required improvements. NOW, THEREFORE, in consideration of the foregohng premises and mutual covenants hereinafter set forth, Developer and the Board do hereby covenant and agree as follows: Developer will cause to be constn~cted the required improvements as set forth in the site construction cost estimate ("Estimate") prepared by Q. Grady Minor & Associates, P.A..a copy of which is attached hereto and incorporated herein as Exhibit "A" within 12 months from the date of~pproval ~aid ~bdivision plat, said improvements hereinafter referred to(as)the required improvements. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "B")and by reference made a part of in the amount of $27,464.80 which amount represents 10% of the total contract cost to complete construction plus 100% of the estimate cost of to complete the required improvements at the date of this Agreement. In the event of default by the Developer or failure of the Developer to complete such improvements within the time required by the Land Development Code, Collier Count"./, may call upon the ~ubdivision performance security to insure satisfactory completion of the required improvements. The required improvements shall not be considered complete until state~nent of substantial completion by Developer's eng,ne~ ,,Io,~~ final project records have been furnished to be reviewed and~approvffff'~yqhe DevelopmentDevel°pment Services Director for co xmplianC~ecode, with thc Co,¥r ~'n~ ~ The Development Services Director shall within sixty (60) days of receipt of the statement of substantial completion, either: a) notify the Developer in writing of his preliminary approval of the improvements; or b) notify the Developer in writing of his refusal to approve improvements, therewith specifying those conditions which the Developer mu~t fulfill in order to obtain the Director's approval of the improvements. However, in no event shall the Development Services Director refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. The Developer shall maintain ail required improvements for a minimum period of one year after preliminary approval by the Development Services Director. After the one year maintenance period by the Developer has terminated, the Developer shall petition the Development Services Director to inspect the required improvements. The Development Services Director or his designee shall inspect the improvements and, if found to be still in compliance by the Board, the Board shall release the remaining 10% of the subdivision performance security. The Developer's responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. 7. Six (6) months after the execution of this Agreement and once within every six (6) months thereafter the Developer may request the Development Services Director to reduce the dollar amount of the subdivision performance security on the basis of work completed. Each request for the reduction in the dollar amount of the subdivision performance security shall be accompanied by a statement of substantial completion by the Developer's engineer together with the project records necessary for review by the Development Services Director. The Development Services Director may grant the request for a reduction in the amount of the subdivision performance security for the improvements completed as of the date of the request. cost, together with any damages, either direct or conseque Board may sustain on account of the failure of the Develope the provisions of this Agreement. . \ In the event the Deve/oper 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 improvement. 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 ~IA¥ 0 5 ;998 All of the terms, covenants and conditions herein contained are and shall be binding upon the Developer and the respective successors and assigns of the Developer. IN WITNESS WHEREOF, the Board and Developer have caused this Agrgemsnt to be executec; by their duly authorized representatives this -, day of :'. , .. 199~ ' Signed, sealed and delivered in the presence of: Printed or Typed Name Printed or Typed Name By: Community Development Corporation of Sterling Oaks, A Florida Corporation Smart O. Kaye, President ATTEST: DWIGHT E. BLOCK, Clerk Deputy Clerk By: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA .. CHAIRMAN Approved as to form and legal sufficiency: DAVID C. WI~IGEL Collier County Attorney [:SO'~CONSTAGRE ~AY 0 5 1998 ~,;, ~' _ WILDCAT COVE TWO AT STERLING OAKS ENGINEERS COST ES~TE 6' Oravity Laterals 6' Clean Outs Water Service Sleeves 17:" Asphalt 8" Lirnerock Base 12" Stabilized Subgrade Curb & Gutter 682 l.f @ $11.50 each 31 @ $79.00 each 1,307 l.f. @ $10.00 each -- Sub-Total $7,843 2,4.49 $23,362 134 s.y. ~ $3.00/s.y. = $402 134 $.y. C~ $5.00/$.y. = 670 134 s.y. @ $1.O0/s.y. = 134 100 l.f. $ $4.00/1.f. = 400 Sub-Total $1,606 Grand ToU~I $24,968 OCT 9 1997 F;SO',SOWC. I MAY 0 5 1998 0 0 Z~ OL~ 0 0 0 MAY 0 5 1998 Pg_ ~ A~AC~ENTA PETITION FORM FOR VACATION OF ROAD RIGHTS-OF-WAYS Date Received: /~-~-~;? Petition I:AV- ~?-EDZ~ Petitioner:C_ommunit¥ Development Corp. Of Sterling QD~. Address: 16990 North Tamiami Trail Telephon.e;[~9~l 594-5686 Clty/State:~ Naplest FL Zip Code. 34110 Agent: O. Gradv Minor & Associates. P.A. Ad,tess: ~QQ V~a Dpl ~PY Telephone: (941) 947-1144 City/State: Bonita Sprinqs' FL Zl~ C0d,:34134 Roe4 ~ama: Sterlin~ Oaks Drive ~cation: Sec=ion ~ To--ship 4~ South Range ~st Legal Description: See attached leqal description and sket~ B-1257 . .~la% Book 23 .~age(s) 5-20 Reduced rlgnt-oc-way 'from 6u' to 50' to accomo~ate Reason for Re.est: Buildinqs on Lots.'4~-4~ Cu~ent Zoning: PUD Does this affect density? No I Hereby Authorize Agent Above to Repr.sent Ma for this Petition: Yes X No __ ~ e~itioner bat& Pr£n= Name Stuart O. Kaye (Title)President of Community Development Corporation of Sterlin~ Please see "Policy and Procedure of Vacation and Annulment" for the O~ks list of supportive m~terials which must accozpany this petition, and deliver or mail to: Transportation Services Collier County Government Complex Naples, FL 33962 Telephone: (941) 774-8494 *(1) If a~plicant is a land trust, indicate the name of beneficiaries. (2) If applicant is a corporation other than a public corporation, indicat~ the name of officers and major mtockholders. (3) If applicant is a partnership, limited partnership or other business entity, indicate the name of principals. (4) List all other o~ners. Community Development Corporation of Sterling Oaks, a Florida Corporation. MAY 0 5 1998 Q. GRADY MINOR. P.E. MARX W. MINOR. P.E.. C. DEAN SMITH, P.E.. DAVID W. SCHMITT, P,E. ol,,.,~u x lviilNOK & ASSOCIATES, P.A. Civil Engineers · Land Surveyors · Planners ALAN V. ROSEMAN LEGAL DESCRIPTION ROBERT W. THINNES, A.I.C,P. · ER/C V. SANDOVAL PS.M. A PORTION OF TRA?T "R" (STERLING OAKS DRIVE) ~ STERLING OAKS, PLAT BOOK 23 AT PAGES 5-20 "AREA TO BE VACATED" (SKETCH B-1257) A PARCEL OF LAND LOCATED ON THE WEST HALF OF SECTION 10, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; AND ALSO BEING A PORTION OF TRACT "R" (STERLING OAKS DRIVE) AS SHOWN ON THE PLAT BOOK 23 AT PAGES 5 THROUGH 20 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHWEST CORNER OF LOT 92, TRACT "C" OF STERLING OAKS, RECORDED IN PLAT BOOK 23 AT PAGES 5 THROUGH 20 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N 06°59'52" W FOR A DISTANCE OF 10.00 FEET; THENCE RUN N 83°00'0~." E FOR A DISTANCE OF 211.83 FEET TO THE BEGINNING OF A TANGENTIAL CIRC~ CURVE CONCAVE TO THE NORTH; THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 171.67 FEET, THROUGH A CENTRAL ANGI,E OF .10°45'13", SUBTENDED BY A CHORD OF 32.17 FEET AT A BEARING OF N 77°37'31", FOR A.N ARC LENGTH OF 32.22 FEET TD A POINT OF REVERSE CURVATURE; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, KAVING A RADIUS OF 25.00 FEET, THROUGH A CENTR3~L ANGLE OF 76°55'59", SUBTENDED BY A CHORD OF 31.10 FEET AT A BEARING OF S 69°17'06'' E, FOR AN ARC LENGTH OF 33.57 FEET TO THE END OF SAID CURVE; THENCE RUN S 30°49'06" E FOR A DISTANCE OF 10.25 FEET TO A POINT ON A CIRCULAR CURVE CONCAVE TO THE SOUTHWEST, WHOSE RADIUS POINT BEARS S 59°10'54" W A DISTANCE OF 25.00 FEET THEREFROM; THENCE RUN SOUTHWESTERLY A/X)NG THE ARC OF SAID CURVE TO THE LEFT, blAVING A RADIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF 77°34'33", SUBTENDED BY A CHORD OF 31.32 FEET AT A BEARING OF N 69°36'23' W, FOR AN ARC LENGTH OF 33.85 FEET TO A POINT OF REVERSE CURVATURE; THENCE RUN SOUTh'WESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 181.67 FEET, THROUGH A CENTR3tL ANGLE OF 11°23'47', SUBTENDED BY A CHORD OF 36.08 FEET AT A BEARING OF S 77°18'14" W, FOR AN ARC LENGTH OF 36.13 FEET TO THE END OF SAID CLrRVE; THENCE RUN S 83°00'08" W FOR A DISTANCE OF 211.83 FEET TO THE POINT OF BEGINNING, CONTAINING 0.06 ACRES, MORE OR LESS. BEARINGS REFER TO THE NORTHERLY LINE- OF THE NORTHWEST QUARTER OF SECTION 10, TO~SHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; AS BEING N 89043'35" E. Q. GRA~DY MINOR & ASSOCIATES, P.A. SIGNED o ,"/~t/, TOM CHERN~SKY . -/ ; STATE OF F~RIDA r.s~x~so, c~ . (94!) 947-1144 · F~ (~1) ~7~375 · E-Mail: ~MA~aol.com 38~ Via Del Rey · ~ni~ Springs, FIoNda ~IM MAY 0 5 1998~r I I ! WILDCAT COVE ~ STERLING OAKS VACATION O er' Lis O er Owncr's Within 250' P~diu~ of Vacation Area Gadalet~, Domenico & Ang¢la 5721 107th Avenue N. Napl~, FL ~4108 P~rcel 10 Folio/~)0141480008 Watson, Romld E., Kathleen B 25931 Power Road Far,:n_ in.~ton Hill~, MI 48336 · St~rltn~ Osks Tnct C Lot 102 Folio t874900003421 CSD International, Inc. Mohawk Trail Shelburr~ Falls, MA 01370 Parcel 11 Folio 1t00143520007 Huchn~, Lotl~r Scht¢l, Isle-Marie 14990 Sterling O~,s Drive Naples, FL 34110 Sterling Oaks Tract C Lot 105 Folio ~/49(XKX)3489 Wisman Tr Paul P 148 Bristol East Road fiB Bristol, VA 24202 Parcel 28 Folio//00144680001 Otto, Jay A, Alma G 14940 St~rling Oaks Drive Naples, FL 34110 Sterling Oaks Tract C Lr~t 115 Folio ~4900003683 Langley, Christopher Lee 6326 Mayo Drive San :lose, CA 95123 Sterling Oaks Tract C Lot 98 Folio//74900003340 Gaffney, Brian T & Bettina M 1160 16th Street Fort Lee, NJ 070124 Sterling Oaks, Tract C Lot 103 Folio ~4900003447 Nowe, Leslie K, Anderson, Catherine M 14876 Sterling Oaks Drive Naples, FL 34110 Sterling Oaks Tract C Lot 99 Folio//74900003366 Keller Kenneth P & Marylu R Roeser 14896 Sterling Oaks Drive Naples, FL 34110 Sterling Oaks Tract C LOt 104 Folio ~r/4900003463 Springvloed, Arnold & Anna M 14904 Sterling Oaks Drive Naples, FL 34110 Sterling Oaks Tract C Lot 106 Folio//74900003502 Meyering, Edwin L & Janet R 25 Burr Oak Drive Pittsford, NY 4534-3537 Sterling Oaks Tract C Lot 107 Folio ~/4900003528 Valerio, Gennaro F & Josephine 19912 Sterling Oaks Drive Naples, FL 34110 Sterling Oaks Tract C Lot 108 Folio//'/4900003544 Burton, David S & Janet L 7881 Sarbury Drive Dublin, OH 43016 Sterling O~cs Tract C Lot Ii Folio ~/4900(D3560 MAY 0.5 1998 Lucyk Jcffery D, Fra.nko Sharon L 6218 Curtis Road Plymouth, MI 48170 Wildcat Cove Block A Lot 3 Folio #81960000185 Stocldager Thomas/Beam Weiaer Strafe ! 69 Stuttgart, Germany Wildcat Cove Block C Lot 87 Folio 181960001883 Routhier Rene E; Anne Mann 657 Wiggins Iatke Drive #102 Naples, FL 34110 Wildcat Cove Block A Lot 4 Folio #81960000201] Stockeuger Thoma~ & B~m Weiaer Strasse 169 Stuttgart, Germaay Wildcat Cove Block C Lot 88 Folio #81960001906 Woznick Daniel J/Eugenia E 657 Wiggins Lake Drive #201 Naples, FL 34110 Wildcat Cove Block A Lot 5 Folio//81960000224 Woodman Evelyn F 14936 Sterling Oaks Naples, FL 34110 Wildcat Cove Block Folio #81960001922 Drive D Lot 114 Mattfeld Magdelena Heugelstr 511 74182 Obersulm Wildcat Cove Block A Lot 17 Folio//81960000460 Sheeran Maureen E 14944 Sterling Oaks Naples, FL 34110 Wildcat Cove Block Folio #8196(X)01948 Drive E Lot 116 Ciacco Joseph G & Marlene 21 Lois Lane Old Bethpage, NY 11804 Wildcat Cove Block A Lot 47 Folio//81960001061 Tilton Harry B & Ellen 14810 Sterling Oaks Drive NapleS, FL 34110 Wildcat Cove Block A Lot 48 Folio #81960001087 Krogmann William G, Judith E 14994 Sterling Oaks Drive Naples, FL 34110 Wildcat Cove Block C Lot 84 Folio//81960001825 Hiby Heinrich/Karin In Den Birken 169 Wuppertal, Germany Wildcat Cove Block C Lot 85 Folio #81960001841 Sterling Oaks Joint Venture 16990 Tarniami Trail North Naples, FL 34110 Wildcat Cove: Block A Lots 1, 2, 6-15, 1846, 49, 50 Block B Lots 11, 51-60 Block C Lots 61-83 Block F Lot 43 Sterling Oaks Tract C Lots I3-42, 100, I01, 110 - 113 F-.SO'~)wC. ! MA'/0 5 1998 ~ITIO~r F~RH ~0~ VACATION OF ~t~T O~ING SI~LTA~EOUSLY ~ITM ~[~L~ (~XC~PT FOR ROAD ~IGMT-OF-WAY} ~-~ Date ~eceived: /~-~'~7 ~,tl~ion ~:~~ ~i~oner~9~e~:~o~n~7 DeVeIOpm~ CORD. ~==ra ~: ~0 North Tamiami T~il cAty/S~ata: Naples, FL ZAp Code~~ -- ~e~t: ~. ~rad7 Minor ~ ~ssocia~es, P.~. Addrast: 3800 V~a ~1 Rev '" Telephone~~-1144 ~l=y~=a?:_Bo~%ta SDrln.~r FL : zip co,e= 341~4 ~ca:xon. Stc:xon ~ G To. ship ~h ~nge ~t ~gal Des~iption=_ See atta6hed lecal description and sketches. _ Subdivi,ion~i,t Sterlinq Oak~ 26 ~ . ~-29 -- Reason for Re.est: Ad4ust in~erlQr sid~ lo~ to chanqe ~n D~0du6t tVDe (S~te Dian ch~m~.% and reduce a ~ortkon o~ 60~-R.O.W. ~t5 ~O', Currant Zoning: PUD Does this affect ~ensity? No I Hereby Authorize Agent Above to Represent Ma for' this Petition: Pr$n~ed Title P~esiden~ o[ ' ~m~uni'ty.~elop~eD~ Cqr~oration O[ Sterlinq Oaks ~Aea~ sea ~ozxcy aha ~rooe=ure o~ Vacation and Annulment', lot the lls~ o~ supportive materials ~hich mus~ accompany ~his petition, and deliver or ~a~l Collier County Project Engineering Review Services of Community Development and Environmental Services Division Collier County Government Complex Naples, Fla. 33962 TeleRhone: (9413 643-8471 I~AY 0 5 1998 ?__~._/~ . ,, Q. CRADY MINOR. P.E. MARK W. MINOR, P.E. C. DEAN SMITH, P.E. DAVID W. ~_K2HMFr'r, P.E. Q. GRADY MINOR & ASSOCIATES, P.A. Civil Enl~n~rs · Land Surveyors · Planners LEGAL DESCRIPTION STERLING OAKS "AREAS TO BE VACATED" ALAN V. ROSEh4AN ROBERT W. THINNES, A.I.CP. ERIC ¥.SANDOVAL. P~q.M.0 PARCELS OF LAND LOCATED IN THE WEST HALF OF SECTION 10, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: (SKETCH B-1256) LOTS 12 THROUGH 42, TRACT "C" OF "STERLING OA/<S" AS RECORDED IN PLAT BOOK 23 AT PAGES 5 THROUGH 20 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, COntAINING 3.54 ACRES, MORE OR LESS. A PORTION OF TRACT "LC-l" STERLING OAKS, PLAT BOOK 23 AT PAGES 5-20 (SKETCH B-1258) A PA_RCEL OF LAND LOCATED IN THE R~ST HALF OF SECTION i0, TOP, SHIP 48 SOUTH, R3uNGE 25 EAST, COLLIER COUNTY, FLORIDA; A/N'D ALSO BEING A PORT~ON OF TRACT "LC-i", AS SHOWN ON THE PLAT OF STERLING OAKS, RECORDED IN PLAT BOOK 23 PAGES 5 THROUGH 20 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; BEING MORE PARTI~.LY DESCRIBED AS FOLLOWS: COMMENCE AT THE WESTERLYMOST CORNER OF LOT 12, TRACT "C" OF STERLING OAKS AS SHO~ ON THE PLAT OF STERLING OAKS, PLAT BOOK 23 AT PAGES 5 THROUGH 20 OF THE Pb~LIC RECORDS OF C~LLIER COUNTY, FLORIDA; THENCE RUN N 29~57'43" E FOR A DISTANCE OF 21.74 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE N 29°5~'43" E FOR A DISTANCE OF 11.65 FEET; ~HENCE RL~ N 00"16'25'' W FOR A DISTANCE OF 83.28 FEET TO A POINT ON THE NORTHERLY LINE OF THE NORTHWEST QUARTER OF SECTION i0, TOWNSHIP 48 SOUTH, RANGE 25 E~ST; THENCE RUN N 89~43'35'' E, A-LONG SAID NORTHERLY LINE, FOR A DISTA/~CE OF 74.15 FEET; THENCE RUN S 40"19'44" E, ALONG THE NORTHERLY LINE OF LOTS 12, 13, 14 AND 15 OF SAID TRACT "C" FOR A DISTANCE OF 122.94 FEET TO THE POINT OF BEGINNING, CONTAINING 0.07 ACRES, MORE OR LESS. ALL EASEMENTS ON THE ABOVE DESCRIBED L/%NDS, AS SHOWN ON A PLAT OF "STERLING OAKS" AS RECORDED IN PLAT BOOK 23 AT PAGES 5 THROUGH 20, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. (941) 947-1144 · FAX (941) 947-0375 · E-Mail: QG,MA~aol.com MAY 0 5 1998 38~ Via Del Rey · Boniu Springs, FIo~da .~I~ _ (SKETCH B-1259) LOTS 9 TH]tOUGH 46 OF BLOCK "A", LOTS 11 AND 60 OF BLOCK "B", LOTS 61 T~OUGH 72 OF BLOCK "C", LOT 43 OF BLOCK"F", AND ALL OF TRACTS "A", "B", "C" AND "F" OF WILDCAT COVE, AS RECORDED IN PLAT BOOK 26 AT PAGES 28 AND 29 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, CONTAINING 6.11 ACRES MORE OR LESS. ALL EASEMENTS, ON THE ABOVE DESCRIBED LAND, AS SHOWN ON A PLAT OF "WILDCAT COVE" AS RECORDED IN PLAT BOOK 26 AT PAGES 28 AND 29 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING A TOTAL OF 9.72 ACRES, MORE OR LESS. BEARINGS REFER TO THE NORTHERLY LINE OF THE NORTh'WEST QUARTER OF SECTION 10, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; AS BEING N 89°43'35" E. Q. GRADY MINOR & ASSOCIATES, P.A. TOM C}tERNESK~ P.S.M. ~5426 STATE OF FLORIDA MAY 0 5 1998 / / Lucyk Jeffcry D, Franko Sharon L 6218 Curtis Ro~d Plymouth, ~ 48170 Wildr~t Cove Block A LO~ 3 Folio #81960000185 Stockinger Thomas/Beau: Weiner Strasse 169 Stuttgart, Germany Wildcat Cove Block C Lot 537 Folio 18196(X)01883 Routhier P. en~ E; Anne Mann 657 Wiggins ~ Drive #102 Napks, FL Mll0 Wildcat Cove Block A Lot 4 Folio #81960000208 Stockunagcr Tlmmas & Be. at~ Wckm, Swasse 169 Stuttgart, ~y Wildcat Cove Block C Lot 88 Folio #819(KK)01906 Wo_miek Daniel l/F_.ugenia E 657 Wiggins Lake Drive M01 Naples, FL 34110 Wildcat Cove Block A Lot 5 Folio #81960000224 Woodman Evelyn F 14936 Sterling Oaks Drive Naples, FL 34110 Wildcat Cove Block D Lot 114 Folio 181960001922 Mattfeld Magdelena Heugelstr 511 74182 Obersulm Wildcat Cove Block A Lot 17 Folio t/81960000460 Sheeran Maureen E 14944 St~rling Oak~ Drive Naples, FL 34110 Wildcat Cove Block E Lot 116 Folio #81960001948 Ciacco Joseph G & Marlene 21 Lois Lane Old 13ethpage, NY 11804 Wildcat Cove Block A Lot 47 Folio #81960001061 Tilton Harry B & Ellen 14810 Sterling Oaks Drive Naples, FL 34110 Wildcat Cove Block A Lot 48 Folio #81960001087 Krogrnann William G, Judith E 14994 Sterling Oaks Drive Naples, FL 34110 Wildcat Cove Block C LOt 84 Folio #819600018215 Hiby Heinrich/Kada In Den Bixken 169 Wuppertal, Germany Wildcat Cove Block C Lot 85 Folio #81960001~1 Sterling Oaks Joint Venture 16990 Tamlami Trail North Naples, FL 34110 Wildcat Cove: Block A Lots 1, 2, 6-15, I8--46, 49, 50 Block B Lots 11, 51-60 Block C Lots 61-83 Block F Lot 43 Sterling Oaks Tract C Lots 13-42, 100, 101, 110 - 113 F.~O',$OW¢.I MAY 0 5 1998 I .,. o11_ __- WILDCAT COVE ~ STERLING OAKS VACATION Abutting Property Owner's List and Other Ow~r's Within 250' Radius of Vacation Area Gadal~, Dome;ko & Angela 5722 10/th Aveaue N. N~ples, FL 54108 Parcel 10 Folio ~0143480008 Watson, Ronald E., Kathleen B 25931 Power Road FarminHon Hills, MI 48336 Sterling Oaks Tract C Lot 102 Folio jr74900003421 CSD International, I~:. Mohawk Trail Shelburne Falls, MA 01370 Parcel 11 Folio ~X)143520007 Huelme, Lothar Schlel, Isle-Marie 14900 Sterling Oak~ Drive Naples, FL 34110 Sterling Oaka Tract C Lot 105 Folio/lf74900003489 Wisman Tr Paul P I48 Bristol East Road Bristol, VA 24202 Parcel 28 Folio #00144680001 Otto, lay A, ALma G 14940 Sterling Oaks Drive Naples, FL 34110 Sterling Oaks Tract C Lot 115 Folio ~r/4900003683 Langley, Christopher Lee 6326 Mayo Drive San Jose, CA 95123 Sterling Oaks Tract C Lot 98 Folio #74900003340 Gaffney, BHan T & Bettina M' 1160 16th Street Fort Lee, NJ 070124 Sterling Oaks, Tract C Lot 103 Folio ,¢74900003447 Nowe, Leslie K, Anderson, Catherine M 14876 Sterling Oaks Drive Naples, FL 34110 Sterling Oaks Tract C Lot 99 Folio #74900003366 Keller Kenneth P & Marylu R Roeser 14896 Sterling Oaks Drive Naples, FL 34110 Sterling Oaks Tract C Lot 104 Folio ,~t7490(XX)3463 Springvloed, Arnold & Anna M 14904 Sterling Oaks Drive Naples, FL 34110 Sterling Oaks Tract C Lot 106 Folio #74900003502 Meyering, Edwin L & Janet R 25 Burr Oak Drive Pittsford, NY 4534-3537 Sterling Oaks Tract C Lot 107 Folio r/4900003528 Valerio, C, ennaro F & Josephine 19912 Sterling Oaks DHve Naples, FL 34110 Sterling Oaks Tract C Lot 108 Folio #74900003544 Burton, David S & Janet L 7881 Sarbury Drive Dublin, OH 43016 Sterling Oaks Tract C Lo Folio r/490(XK)3560 MAY 0 5 1998 9 ~0 11 RE~OLUTIO~; NO. 9~ R~SOLUTION AUTMORIZING TI{E ACCEPTANCE OF WILDCAT COVE TWO A ~P~T OF A ~TION OF ~ PR~IOUSLY ~CO~ED P~TS ~;O~7~ AS WI~T CO~, ~ S~LING O~, ~ A~ORIZING ~E VA~TI~ OF A ~RTION OF S~ING OA~ DP.I~, ~ ~TIONS OF ~ P~TS OF S~ING O~ ~ WI~T CO~, ACCO~ING ~ ~ A~A~ ~ DES~I~IONS, P~ITIONS AV-97-024 ~ 97-026 WKEREAS. the Board of County Co~missioners o~ Collier County, 56 DATED: 57 ATTEST: 60 DWIGHT E. BROCK, CLERK 62 63 67 68 Approved as to form and legal 69 surf f~ ciency~ ~ Heidi ~ Aa~on 73 Assistant Collier County Atto~ey 7~ 75 76 BOARD OF COUNTY CO~94ISSIONERS COLLIER COb'N'fY, FLORIDA By: BARBARA B. BEP~RY 0 5 1998 13 Florida, on January 11, 1994 approved the plat of Sterlln~3 Oaks for ]4 recording, and on January 23, 1996 approved the plat of Wildcat Cove 15 for recording; 17 WHaRF. AS, Comrm/nity Develo~nt Corporation of Sterling Oaks is 15 replatting portions of Sterling Oak~ and Wildcat Cove and has filed 19 for a replat of said lands; and W~EP~_A~, except aa provided for in this Reso:ution, this replat 12 does not extinguish or in anyway affect the dedications contained in ~ the previous plats of these lands; and 24 ~-HEP~EAS, pursuant to section 177.101, Florida Statutes, July 16 Adarmes. P.E. of Q. Grady Minor and Associates, P.A., as agent for the ~7 petitioners, does hereby request the vacation of a portion of Sterling ~8 Oaks Drive and portions of the plats of Sterling Oaks (P.B. 23, P. 5 29 20) and Wildcat Cove (P.B. 26, ~. 28 - 29) according to the attached ~ legal descriptions, F. xhibit A; and 32 W'HER~_~S, this parcel, the approved plat of Wildcat Cove Two, 33 a part of the previously approved and recorded plats of Sterling Oaks ~ and Wildcat Cove, and the filing and recording of this approved plat 35 shall not affect access to lots previously conveyed under the previous 36 plats. 37 NOW, THEREFORE, BE IT RESOLVED AND OP~ERED BY THE BOARD OF 39 COL%~Y CO~9~i$SiOA~K$ OF COLLIER COU~-Uf, FLOriDA, that the plat of ~0 Wildcat Cove Two, a part of the previously approved and recorded plats ~1 of Sterling Oaks and wildcat Cove, ia hereby approved for recording ~2 and the dedications contained on the plat o~ Wildcat Cove Two are ~3 hereby accepted, and those lands described in Exhibit A are hereby ~ vacated. Said vacation shall become effective upon recordation of the 42 subject plat. ~6 BE IT FL'RTHER RESOLVED A~'D OKDE~D that the Clerk of the 4S Circuit Court shall make proper notation of this action upon the ~9 previous plat and record a certified copy of this rep!at and a ~ certified copy of the vacation resolution in the Official Records of 51 Collier County. 52 53 This Re~olution adopted after m~tion, second and majority vote ~ favoring same. REQUEST TO APPROVE THE FINAL PLAT OF "VANDERBILT PINES" To approve the final plat of "Vanderbilt Pines", a subdivision of lands located in Section 35, Township 48 South, Range 26 East, Collier County, Florida. ~gN$IDERATIO~{: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Vanderbilt Pines". 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 construct the improvements for this project prior to recording of the plat or to furnish the required amount of approved security for recording purposes at a later date. This procedure would be in conformance with Division 3.2 of the Collier County Land Development Code. Engineering Review Section recommends that the final plat of "Vanderbilt Pines" be approved with the stipulation that the final plat not be recorded until the required improvements have been constructed and accepted or until the approved security is received to guarantee completion of the required improvements. F__I$CAL IMPACT.: The fiscal impact to the County is as follows. The project cost is $1,669,267.00 to be borne by the developer. The cost breakdown is as follows: a) Water & Sewer - $915,505.00 b) Drainage, Paving & Grading - $753,762.00 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: $31,645.87 Fees are based on a construction estim&t $1,669,267.00 and were paid in December, April, 1998. e of o q998 Executive Summary Vanderbilt Pines Page 2 The breakdo~ is as follows: a) Plat Review Fee ($425.00 + $4. /ac) -$ 521.80 b) Construction Drawing Review Fee Water & Sewer (.50% const, est.) - $ 4577.53 Drainage, Paving, Grading (.425% const, est.)- $ 3202.49 c) Construction Inspection Fee Water & Sewer (1.5% const, est.) - $13732.58 Drainage, Paving & Grading (1.275% const, est- $ 9610.47 ~R0wrs MANA~~ IMPAir, The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. RECOMMF2FDAT~ON: That the Board of County Commissioners approve the final plat of "Vanderbilt Pines" with the following stipulations: 1) That the final plat not be recorded until the required improvements have been constructed and accepted or until approved security is received for the uncompleted improvements and that construction shall be completed within 36 months of the date of this approval. 2) Authorize the Chairman to execute the attached Construction and Maintenance Agreement. 3) That no buildin9 permits be issued until the final plat is recorded. MAY 0 5 1998 Executive Sum~mry Vanderbllt Pines Page 3 PREPARED BY: HOuldSworth, Senior Engineer Engineering Review RE"~I~-~rED BY: Thomas E. Kuck, P.E. Engineering Review Manager Ro~ert~ulhere, AICP '-~--~-~ Planning Services Department Director Vincent A. Cautero, AICP, Administrator Community Development & Environmental Services Community Dev. and Environmental Svcs. DIVISION jrh Date Date Date Date MAY 0 5 1998 VICINITY MAP N_.OT TO. SC.Al,F, ..... MAY 0 15 1998 CONSTRUCTION AND NOklN'f~NANCE AGREEME~ FOR SUBDMSION IMPRO~S PRIOR TO RECORDING OF PLAT THIS CONSTRUCTION AND MAINTENANCE A~iENT FOR SUBDMSION IIMt~OVEMENTS PRIOR TO RECORDING OF PLAT e'utc'rot into this 5th city of February, 199g, by between Worthington Communities ot' Nat~les, lm-timfm' r~err~ to as *Devel~, taxi the Board of County Commission:rs of Collier Cmmty, Florida, 2. Diviaiou 3.2 of the Collier Coum~- Lind Dev~lqm~ut Cod~ ~IIo~ the I~loper to coastn~a the imlx~re~ents ~ by ~aid g~l~iaion r~g,,~.~om prbr to r~o~di~g the tirol plat NOW, THER~F~, in co~sider-~ion of the foregoLng premises and mutual core--nfs her~L~t~r ~ forth, Dewlo~e~ and ~e Board do betray covtm~nt md ague as follo~v~: I. D~lolxr will cau_~ m lx ~: Puxadway, Drainage and Utilitie~ Imprm~ments for the fi~ pha~ of r~identia/ oom~ruction aad the ~olf course facilitie~ wilakin I2 month~ from the date of appr~-al of said subdivision plat, said impr~,'cments hcreinafk-r r~'erred to ~s the to:silted improvements. 2. l~'elop~r herewith agrees to constru~ ~id iml~m'cmcnts prior lo r~r~ng ~d ~fion and ~ ~rd of Co~ty ~mm!~ioncrs sM~ ~ ~'e ~c plat for ~r~g until ~d ~n ~mpl~. 3. Upon completion ot said improvements, the Developer shall tender its subdivision performanc~ sccarir).' in the am°ant °f S I 1~ ~ ~ cl ?- ~ · "lC:. which represents ten percent (I 0%) of the total contract cost to complete con_wruction. Upon receipt of said sulxtMsion performance security by the Development Services Director, the Developer may. reques~ the Board of Co,.m .fy Commissioner~ to appr~,e the ~ubchvision plat for recording and grant preliminary approval of said plat. 4. The rt~luired improvements ~haLI mX be com-ider~ complete until a ~tement of ~mpl~on ~' ~'elo~r's ~n~r ~ong ~ ~e ~ ~j~ ~r~ Mve ~ ~s~ to ~ ~i~'~ and a~'~ ~ ~e ~'clo~t ~5~ ~or for m~ ~i~ ~e Collier C~ ~d ~elo~ent C~ 5. The Development Semces Director sl:~L, with~ fifteen (15) chys of receipt of the s~ate of substantial completion, either: a) not.i~' the IX-velopor in wridag of his preliminary approval of the impi~ocements; or b) noti~.' thc [~,'eloper in V, Tifing of his refusal to apprm'e the improvements, therewith spccifying those cond/tions ~hich the Developer must Mfill in order to obtain thc Director's approval of the imlxovements. Howt-ver, in no event shall the Development S~r,'ices Director refu:e prtlimlnary approval of the improvements ff they. are in fact co~ and submitted for apprm'al in accordance with the requirements of th.is Agr*ement. 6, The Developer shall maintain all required im~ents for a minimum period of one year after preliminary apprm'al by the Development Services IXreclor. After the one y~ar maintenance period by the Developer 1~ terminated, the De~'eloper shall petition the Development Serwices Director to inspecl the required improvements. The E~.elopment Servio,~ Director or lxis deaignee shall inspect the imprcrvements and, if found to be still in compliance with the Collier County Land Dex'elovment Code as reflected by ritual approval by the Board. the Board shall release the ten percent (10'A) sul:xtiv/sion performance sec~ty. The Developer's responsibility for maintenance of the required improvements shall continue unless or until the Board a____tx~n.s maintenance rm'ponsibillty for the County. MAY 0 5 1998 '7. In thc event thc De',,cloper s~U faJ. I or ~eglcm to fulQ]! Jl.~ oblJ~dor~ under ~ A~'ccme~ upoa cerdJ'iczdon of ~ch failure, thc Om. tory Adm~or may call upon thc J~diYiSion pcff'orm~ce mcurity to filet to com;u-uct ~d m~int, ain, or c~u.~ to bc omsm.,c~ ~md ma/:~ ~t to public Jdvccd.,,em~t ~1 re~il~ of aZCelXance of bids, t~e improvements r~a~ired ~ercia. ~ Devel~, ss pri~ipal under ~ ~i.tion perform,xr~ r,~-'uxity, r, ha.tl be liable to ~ ~d to ~ the ~ Ul~n completion of ~ach constn.~on ~ tirol total c~rst to the Bo,mi tl~rcof, i~cludiz~g, but ~x~ limited to, en~z~.rin~ lel~l ~nd coati~em coxls, toget/x~ I~ to fu~Q a~ of ~ ~,~ocL~io~ of Q~ A~rccrac,. IN WITNESS WI-IEREOF, the Board ~ the lX-v~loper ~ caused ~ ~at to be ~._.,~:t,_~ by. their &dy authorized r~:n~maafiv~ tl~ 5th da).' of February, 1998. Developer Printed Name and Title ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLOPdZ)A Deput?' Clcrk By: Approved as to form and le~l suff~cicno': · ~ [ -' Count)' AV. omey MAY 0 5 1998 REQUEST TO APPROVE FOR RECORDING TH~ FINAL PLAT OF "HIIRTIN~TON LAKES UNIT FOU~" TO approve for r~cording the final plat of Huntington Lakes Unit Four, a subdivision of lands located in Section 20, Township 48 South, Range 26 East, Collier County, Florida. Engineering Review Section has completed the review of the final plat of "Huntington Lakes Unit Four". This document is in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. There are no subdivision related improvements associated with this plat. Engineering Review Section recommends that the final plat "Huntington Lakes Unit Four" be approved for recording. of FISCAL I~A~T, 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 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. ~OMKENDATION, That the Board of County Commissioners approve the Final Plat of "Huntington Lakes Unit Four' with the following stipulation.: 1. Authorize the recording of the Final Plat of "~untington Lakes Unit Four." 1,1A'I' 0 5 1~98 Executive Summary Huntington Lakes Unit Four Page 2 P~PARED BY: John R'. HouldSwO~th,· Senior Engineer Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Manager R6bez't Mulhere, Planning Services DepartmeDt Director Vincent A. Cauter~, AICP Administrator Conm~nity Dev. and Environmental Svcs. Community Dev. and Environmental Svcs. DIVISION Date Date Date Date ~EING A PART OF SECTION 20, TOWNSHIP 48 ~ RANGE 26 EAST, COLLIER COUNTY, FLORIDA. LOCATION MAP MAY 0 5 1998 20. TOWNSHIP 48 SOUTH, RANGE 26 rJ, ST. 'lING MORE PARTICULARLY DESCRIBED AS FOLLOWS; TERL.Y. MOST COI~NEo 0¢' ~llNTl*,,n!'r~, , ~.vre GENERAL NOTES: I. ALL DIMENSIONS ARE I 2. OIMENSIONS ON CURV~ A~SiGNM~2~T ~P~F2~ENT ~OR EASEMENT PELICAN ~%RSH, UNIT 13 OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, to accept the conveyance of the Assignment Agreement for the easement for water and sewer facilities. CONSIDERATIONS: 1) The Developer of Pelican Marsh, Unit 13, has constructed the water and sewer facilities within platted easements to serve this development. See attached location map. 2) Preliminary acceptance was approved by the Conununity Development and Environmental Services staff on April 24, 1998, in accordance with Ordinance 97-17. 3) The Assignment Agreement for the easement has been reviewed by the County Attorney's office for legal sufficiency. FISCAL I~ACT: The water facilities were constructed without cost to the Collier County Water-Sewer District. The cost of operating and maintaining the water and sewer facilities will be paid by monthly user revenues. GROWTH ~NAG~NT I~ACT: This project has been connected to the County Regional Water Treatment Plant and the North Regional Wastewater Treatment Plant. This project will not create a new impact, as it was planned for within facilities available at present. R~CO~ATION: The Community Development and Environmental Services Division Administrator recommends that the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, accept and sign the Assignment Agreement for the easement for Pelican Marsh, Unit 13. MAC 0 5 1998 Executive Summary Pelican Marsh, Unit Page Two 13 PREPARED BY: Engine~l g Review Services nician II REVIEWED BY: Engineering Review Services Manager RObeYt Muihe~, ~-ICP Planning Services Department Director Vincen~~~ICP, Administrator CO~UNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES Date Date Date Date I I i OW N i AS SIGNM~NT AGREZMENT THIS ASSIGNMENT AGREEMENT made and entered into this day of _, 1997, by and between the PELICAN MARSH COM~FJNITY DEVELOPMENT DISTRICT, a political subdivision of the State of Florida, (hereinafter referred to as "Assignor-), and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY AS THE GOVERNING BODY OF COLLIER COUNTY AND EX-OFFICIO BOARD THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, its successors and assigns, (hereinafter referred to as "Assignee"). WHEREAS, Assignor is the Grantee under that certain non- exclusive Utility Easement from WCI Communities Limited Partnership (f/k/a WCN Communities of Naples, Inc.) to Assignor and is also the assignee under that certain Assignment of Reservation' and Dedication of Utility Facilities both herein referred to collectively as "Utility Easement,' concerning certain water and sewer facilities and irrigation distribution lines located within the real property referenced in said Utility Easement, a copy of said Utility Easement being attached hereto and made a part hereof as Composite Exhibit "A"; and WHEREAS, pursuant to the requirements of that certain Interlocal Agreement between Assignor and Assignee dated as of December 31, 1993, and approved by the Assignor at its meeting held on December 20, 1993, the Assignor shall and is required and obligated to convey, in accordance with standard County procedures, certain water and sewer facilities and irrigation distribution lines to the County and its Water-Sewer District without cost to the County or its Water-Sewer District; and WHEREAS, certain water and sewer facilities and irrigation distribution lines located within the aforedescribed Utility Easement have been conveyed to Assignor from WCI Communities Limited Partnership (f/k/a WCN Communities of Naples, Inc.) by Bill of Sale and Warranty Deed, which water and sewer facilities and irrigation distribution lines are simultaneously herewith being conveyed to Assignee from Assignor; and WHEREAS, it is necessary that Assignee obtain the rights of Assignor as the Grantee in said Utility Easement. NOW THEREFORE WITNESSETH that for and in consideration of the premises and in consideration of the sum of Ten and 00/100 Dollars ($10.00), receipt of which is acknowledged by Assignor from Assignee, and other good and valuable consideration the parties hereto agree as follows: ' 1) Assignor hereby conveys, grants, transfers, demises, releases and assigns unto Assignee, its successors and assigns, all of the rights of Assignor as Grantee under the Utility Easement referenced hereto and made a part hereof as Exhibit "A" Assignee hereby accepts said assignment. ' MAY 0 5 1998 2) Governing LaW. This Assignment shall be construed and enforced in accordance with and governed by the laws of the State of Florida. 3) Modification: Additional Assurance,. No change, amendment, modification or cancellation of any par~ of this Assignment Agreement shall be valid unless in writing and signed by Assignor and Assignee. 4) Bindin~ Effect. The terms, covenants and conditions contained herein shall inure to the benefit and be binding upon Assignee and Assignor and their reIpec~ivs successors and asligns. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and year first written. ' ASSIGNOR: Attest: A~Sistant Sec~-et~ry STATE OF FLORIDA COUNTY OF COLLIER PELICAN MARSH COMMUNITY DEVELOPME}~ DISTRICT pohn A. Pistor its Chairman The foregoing Assignment Agreement was acknowledged before me by JOHN A. PISTOR, Chairman of the PELICAN MARSH COMMUNITY DEVELOPMENT DISTRICT, on behalf of the Pelican Marsh Community Development District. He is personally known to me. , 1997. 2 0 $1.998 ATTEST: DWIGHT E. BROCK, Clerk ASSIGNEE: BOARD OF COUNTY COM){ISSIONERS OF COLLIER COUNTY, FLORIDA AS THE GOVERNING BODY OF COLLIER COUNTY A/~DAS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWERDISTRICT Approved as to from and legal sufficiency A~sistant Count}- Attorney STATE OF FLORIDA COUNTY OF COLLIER BY: BARBARA B. BERRY Chairman I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared TIMOTHY L. HANCOCK, well known to me to be the Chairman of the Board of County Commissioners, Collier County, Florida, As The Governing Body of Collier County and as Ex-Officio the Governing Board of The Collier County Water- Sewer District, being authorized so to do, executed the foregoing Assignment Agreement for the purpose therein contained under authority duly invested by the Board of County Commissioners, and that the seal affixed thereto is the true seal of said Board. WITNESS my hand and official seal in the County and State last aforesaid this --__ day of _, 1997. (Notarial Seal) This instrument prepared by: Anthony p. Pires, Jr. Woodward, Pires & Lombardo, P.A. 801 Laurel Oak Drive, Suite 710 Naples, Florida 34108 (941) 566-3131 3 Notary Public Print Name: My Commission Expires: MAY 0 5 1998 Pg.__ ~. WCl CO~ I.IMTFED ?~~, Exhibit .Z~ MAY 0 5 1998 STATE OF FLORIDA COUNTY OF 24~01 Wlk~ C~ MAY 0 5 1998 Witter and st'wes, uflli~ irstjllth~ and all irZJlltion distrthfl~n lines I/in[ within Tracl "R". Pelion Mar~ll Ualt Tnb'teen, according to the p~ tha'tof' CouutT, FJor~L 1,998 24301 B~z S~ FL ~Z~ A$$IGN,'51E"NT OF RESERVATION AND DEDICATION OF UTILITY FACILf l ~ MAY 0 5 1998 _v, .... /O ~I'ATE OF FLORIDA COUNTY OF ~ OBJECTIVE: The Board of County Commissicners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, to accept the conveyance of the Assignment Agreement for the easement for water and sewer facilities. CONSIDERATIONS: 1) The Developer of Pelican Marsh, Unit 15, has constructed the water and sewer facilities within platted easements to serve this development. See attached location map. 2) Preliminary acceptance was approved by the Community Development and Environmental Services staff on April 24, 1998, in accordance with Ordinance 97-17. 3) The Assignment Agreement for the easement has been reviewed by the County Attorney's office for legal sufficiency. FISCAL IMPACT: The water facilities were constructed without cost to the Collier County Water-Sewer District. The cost of operating and maintaining the water and sewer facilities will be paid by monthly user revenues. GROWTH M~IAGEME~ IMPACT: This project has been connected to the County Regional Water Treatment Plant and the North Regional Wastewater Treatment Plant. This project will not create a new impact, as it was planned for within facilities available at present. RECO~ATION: The Community Development and Environmental Services Division Administrator recon~ends that the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, accept and sign the Assignment Agreement for the easement for Pelican Marsh, Unit 15. MAY 0 5 1998 Pelican Marsh, Unit 15 Page Two PREPARED BY: Shti"l'~y NIX,. Eng~n~ering Technician II Engineer n~3/Review Services REVIEWED BY :, ~D~Thomas E. Ku~, P.E. Engineering Review Services Manager R6ber~ Mhlhere, AicP Plann~~epartment Director Vincent A. Cautero, AICP, Administrator COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES Date Date Date Date ~IAY 0 5 1998 THIS ASSIGNMENT AGREEMENT made and entered into this __ day of , 1997, by and between the PELICAN MARSH COMMUNITY DEVELOPMENT DISTRICT, a political subdivision of the State of Florida, (hereinafter referred to as "Assignor"), and the BOARD OF COUNTY COMmiSSIONERS OF COLLIER COUNTY AS THE GOVERNING BODY OF COLLIER COUNTY AND EX-OFFICIO BOARD THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, its successors and assigns, (hereinafter referred to a~ "Assignee"). WHEREAS, Assignor is the Grantee under that certain non- exclusive Utility Easement from WCI Communities Limited Partnership (f/k/a WCN Communities of Naples, Inc.) to Assignor and is also the assignee under that certain Assignment of Reservatio~ and Dedication of Utility Facilities, both herein referred to collectively as "Utility Easement" concerning certain water and sewer facilities and irrigation distribution lines located within the real property referenced in said Utility Easement, a copy of said Utility Easement being attached hereto and made a part hereof as Composite Exhibit "A"; and WHEREAS, pursuant to the requirements of that certain Interlocal Agreement between Assignor and Assignee dated as of December 31, 1993, and approved by the Assignor at its meeting held on December 20, 1993, the Assignor shall and is required and obligated to convey, in accordance with standard County procedures, certain water and sewer facilities and irrigation distribution lines to the County and its Water-Sewer District without cost to the County or its Water-Sewer District; and WHEREAS, certain water and sewer facilities and irrigation distribution lines located within the aforedescribed Utility Easement have been conveyed to Assignor from WCI Communities Limited Partnership (f/k/a WCN Communities of Naples, Inc.) by Bill of Sale and Warranty Deed, which water and sewer facilities and irrigation distribution lines are simultaneously herewith being conveyed to Assignee from Assignor; and WHEREAS, it is necessary that Assignee obtain the rights of Assignor as the Grantee in said Utility Easement. NOW THEREFORE WITNESSETH that for and in consideration of the premises and in consideration of the sum of Ten and 00/100 Dollars ($10.00), receipt of which is acknowledged by Assignor from Assignee, and other good and valuable consideration, the parties hereto agree as follows: 1) Assignor hereby conveys, grants, transfers, demises, releases and assigns unto Assignee, its successors and assigns, all of the rights of Assignor as Grantee under the Utility Easement referenced hereto and made a part hereof as Exhibit~ hereby accepts said assignment. .o. 4_~_~ MAY 0 5 '1998 2) Governina Law. This Assignment shall be construed and enforced i~ accordance with and governed by the laws of the State of Florida. 3) Modification= Additional Assurances. No change, a~endment, modification or cancellation of any part of this Assignment Agreement shall be Yalidunless in writing and signed by Assignor and Assignee. 4) Bindina Effect. The terms, covenants and conditions contained herein shall inure to the benefit and be binding upon Assignee and Assignor and their raspe~iva successors and assigns. IN WITNESS WAEREOF, the parties have executed this Agreement as of the date and year first written. ASSIGNOR: Attest' ! A__~sistant Secretary STATE OF FLORIDA COUNTY OF COLLIER PELICAN MARSH COMMUNITY DEVELOPMENT DISTRICT By. /~-~ ~ ., .-/ Jbhn A. Piutor ~/ ~ts Chairman ~/ The foregoing Assignment Agreement was acknowledged before me by JOHN A. PISTOR, Chairman of the PELICAN MARSH COMMUNITY DEVELOPM~{T DISTRICT, on behalf of the Pelican Marsh Community Development Di~trict. He is personally known to me. WITNESS my hand and official seal this~_~ day of~~ , 1997. Print Name .~F~ [-~ ~t~. ~ My Commi~sion 'EXPires: 2 0 5 1998 ATTEST: DWIGHT E. BROCK, Clerk ASSIGNEE: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIOTHE GOVER~ING BOARD OF THE COLLIER COUNTY WATER-SEWERDISTRICT Approved as to from and legal sufficiency Assistant county Attorney BY: RARBARA B. BERRY Chairman STATE OF FLORIDA CO~Y OF COLLIER I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared TIMOTHY L. HANCOCK, well known to me to be the Chairman of the Board of County Commissioners, Collier County, Florida, As The Governing Body of Collier County and as Ex-Officio the Governing Board of The Collier County Water- Sewer District, being authorized so to do, executed the foregoing Assignment Agreement for the purpose therein contained under authority duly invested by the Board of County Commissioners, and that the seal affixed thereto is the true seal of said Board. WITNESS my hand and official seal in the County and State last aforesaid this day of , 1997. (Notarial Seal) This instrument prepared by: Anthony P. Pires, Jr. Woodward, Pires & Lombardo, P.A. 801 Laurel Oak Drive, Suite 710 Naples, Florida 34108 (941) 566-3131 3 Notary Public Print Name: My Commi~sion Expires: MAY 0 5 1998 Wat~ and sewer ~ fncJlltles and aXi Irr~atlon dis~H~:~lon lines I}4n~ within TracM *~R", *cR.~" end ~2#, ~eH~zn ZV'tarsh Unit ~ mcc~dlnll to th~ I~at t~of rtcotd~ la Iqat i~ok ~J, Z~a~ts ~1 and S2, ~r the ~lzltc I~AY 0 5 1998 hxiic, a~ CUE for iratalhcio~ uxi matmmar~ of i~ f~qlifi~. ~fHOA ~r~e~ for iu~f. WCI COMMUNT/~ LUvffI'ED PAR~, Exhibit STATE OF FLORIDA C~UI~I'Y OF ~ I~AY 0 5 1998 ~Vattr and sewer nttllt~ facilitl~s and ~11 lrr~a~n di~rlbntlon within Trncv, s ~R~v, ~RI~ and ~R2"~ l~tflcan ~trsh Unit the pht thereof r~orded In l~t Book ~ l~lj~s SI snd S2, of the l~ublic l~cor~s oF Gol~J~r ~ountT, FJorJd& ASSI~ OF RESERVATION AND DEDICATION Olr UTILrry FACILrTIES WITNESSETH~ TO HAVE ~ TO HOLD ~kl P.e~erv~on md ~ ur~o the District. WCI COMMUNIT/~ LI:MYI'ED PA~~. · Dcl.~c ~ ~ Exhibit ~1¥ 0 5 1998- STATE 01: FLOI~IDA COUNTY OF ~ ~ HOTLY PUBLIC My Cmmi~icm F.~ir~: I~AY 0 5 1998 EXECUTIVE SU3VIMARY,, APPROVE CHANGE ORDER NO,I WITH MID-CONTINENT ELECTRIC, INC. FOR ADDmONAL CONSTRUCTION SERVICE. S FOR SUGDEN PARK~ BID NO. 9%2731. ~ To ob~tin Board approval of Change Order No. I for additional consm~on servic~ for Sugden Park She Electrical Improvm. CONSIDERATION: On October 21, 1997, the Board awarded a construcIion contrsct to Mid-Continent Electric, Inc. for the con~m~on of site electrical improvements St, aden Park. Sin~e that time, Parks and Recreation Department has requested addition~] lighting to th~ pint, round, picnic pavilions, a.nd docks Ind piers. Additionally, ~ requested an upl~ade of th~ b~ic pathway light fixtures ~nd parking lot light poles to higher qugity, more d~e fixture. These agditional sereic..es are outlined in the ar~ached Change Order No. 1. The total ~st of' the additional construction services is $76,072. I~ISCAL IMPACT: Funds in the amount of $76,072 are needed for this Change Order. A Budget Amendment is needed to transfer the $76,072 from Reserves as follows: From: Fund (306) 1982 Parks Improvement Cost Center: 919010 (Reserves) Object Code: 991000 (Reserves for Contingencies) To: (306) 1982 Parks Improvement Cost Center. (116360) Parks Capital Projects Project: (80081) Sugden Park GIROWTH MANAGEMENT IMPACt: This Capital Improvement Elemcat No. 724 is consistent with the Recreation a.nd Open Space Element of the Growth Managemem Plan. RECOMMENDATION: That the Board of County Commissioners: 1. Approve the attached Change Orden No. l in tho amour~ of $76,072 and ~uthoriz~ the OCPM Director to execute the Clumge Order, snd Approve the n~,.~-ssm)' Budget Amendme~. P~-8~ 2 Sugden P~k Offlc~ of Capital Projedg'Ma~gemeat Mafia Ramsey, Director Parks and Recreation P. EViEWED Public Works l~vision TO: Mid-Continent Electric, Inc. 4586 Progress Avenue Naples, FL 34104 CItANGE ORDER FROM: Collier County Government 3301 East Tan,,a"ai Trail, OCPM Bldg. Naples, Florida 34112 Project Name: Site Elecwical for Sugden Park at Lake Avalon Conslxuction Agreement Dated: October 2 I, 1997 Bid No.: 97-2731 Cha~geor~No.: 1 Date: April 14, 1998 ~ge Order Description: (Attach justification amd supporting documen~tion for this change.) ,See attached proposal from Mid-Continent Electric, Inc. d~ted April 14, 1998. Original agrement amount ....................................................................... $ Sm of previous change orders amount .................................................... $ This Change order Amount [add] ............................................................. $ Revised Agreement Amount ........................................................................ $ 162,900.00 0 76.072.00 238,972.00 Substantial Original contract time in calendar days .................................... 90 Adjusted number of calendar days due to previous change orders ...... 0 This change order adjusted time is .......................................... 55 Revised Contract 27rne in calendar dto's ....................................... Final 120 0 55 175 Original Notice to Proceed date .................................................................... 12/8/97 Completion date based on original contract time ............................................ 3/9/98 Revised completion date ............................................................................... 5/4/98 Your acceptance of this change order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to this Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of, or related to, the change set forth herein, inclu_ding claims for impact and delay costs. J Jose~/~l~ ~'. Delate, AS~A, PLA, OCPM Project Manager "~']~oug~c~tyre, President, Mid-Continent Electric, Inc. ' / Approved by: pate: Authorized by: Adolfo A. Go/~lez, P.E, OCPM Director ~' ~ ~v~arla R~m'sey-, Parks ar~ Recreation Director (For Use by Owner: Fund: 306 Cost Center: 116360 Object Code: 763100 Project No.: 80081) G:~orrns\Change Order Master.doc Revised 02/03/98 14, 199g htr. Io~ D~i~ Co[lier County Dept. Of C.~pitsl Projects Bu~d~n~ f Cottier Cou~t7 Oo,,'~m'~t Center Naples, FL 33962 Re: Sudgen Paxk Site Lighting, MCE ii 5106 Dear Joe, I a.m writing to give you the revised price for the changes to the pathway lighting, the parking lot lighting, the addition of children's play area lighting and the addition of dock lighting. Price for this work is as follows: Unit cost of proposed walkway pole Unit cost of single fixture parking lot pole Unit cost of double fixture parking lot pole Children's Play ~ea fighting Dock lighting and wirb~g 22 ea. 2,337.00 $ 51,414.00 52 ea. 1,098.00 57.096.00 2 ea. 1,628.00 3,256.00 ILs 11,570.00 ILs 19,300.00 Total cost ofproposed $142.636.00 Credit for watkway fixture in contract 39 ea. 598.00 Credit for single parking lot in contract 52 ea. 789.00 Credit for double p~rking lot in contract 2 ea. 1,10'7.00 To:al credit to County 23,322.00 41,028.00 2,214.00 $ (66,564.00) Total additional fimds needed for ail changes $ 76,072.00 Ifyou have any questiom or need further information please be in touch with my office. Sh-x:erely, Doug h lclntyre Preside~ ~t PHONE (941) 643-0266 FAX (~ ! ) 643-582 COLLIER COUNTY OFFICE OF CAPITAL PROJECTS MANAGEMENT MFMORANDUM To: From: April 17, 1998 Maria Ramsey, Director Pa.rl~ and Recreation Deparmaent Joseph F. Delate, ASLA, RLA, Project Manager Office of Capital Projects Management Justification Letter for Mid-Continent Electric Change Order gl for Site Electrical at Sugden Park (Project $$80081) As you are aware, Mid-Continent Electric has provided a proposal to add additional work and substitute higher quality light fixtures at Sugden Park. This extra work was previously authorized by your department and entails the lighting of the picnic pavilions, lighting ofthe docks and piers and lighting of the children's play area. This work was let out of the original design due to cost savings and later was determined to be crucial to the park project. With this change order, these lighting systems vdll be integrated in the site electrical system. Additionally, Mid-Continent has proposed upgrading the walkway and parking lot light fixtures to use high quality Lumec fixtures. You have been aware ofthis upgrade as you have been conferring with the lighting representative and have chosen the fixtures and colors. As pm of this change order, additional time has been given to the contractor to finish the job to account for the additional work, the deliberations over the upgraded light fixtures, and constraints imposed by the availability of workable areas on site. Th~s Change Order will be processed by way of an executive summary to the BCC and funded fi.om park reserves through a budget amendment. I trust that this memormdum satisfactorily justifies this Change Order. If you require additional information, please contact me. xc: July Adarmes Minor, P.E., Senior Project Manager, OCPM Adolfo A. Gonzalez, P.E., Director, OCPM Bill Fl)mn, Construction Inspections Supervisor, OC'PM HAY 0 5 'EXECUTIVE SUMMARY- APPROVE CHANGE ORDER NO. 1 TO WORK ORDER #CDM- FT-98-3 FOR ODOR MONITORING AND MODELING STUDY OF THE NAPLES LANDFILL AND THE SOUTH COUNTY REGIONAL WATER TREATMENT PLANT. OBJECTIVE: That the Board of County Commissioners, as the Ex-Officio Governing Board of the Collier County Water-Sewer District, approve Change Order No. 1 to Work Order #CDM-FT-98-3 for the Odor Monitoring & Modeling Study of the Naples Landfill and for the South County Regional Water Treatment Plant (SCRWTP). CONSIDERATION$~-This change order is to collect additional data and produce a computer model to simulate odor levels dispersed in the worst case scenarios from both the SCRWTP and Naples Landfill. The original Work Order #CDM-FT-98-3 was initiated to establish baseline odor levels before the new odor control scrubber was completed at the SCRWTP. The original work order was issued to expedite the pre-scrubber odor data collection and was approved administratively. At that time, this proposed change order was anticipated to obtain odor data after the new odor scrubber at the SCRWTP is commissioned. The cost of doing this proposed change order is $26,820. This additional work will be authorized as Change Order No. 1 to the current Work Order #CDM-FT- 98-3 with Camp Dresser & McKee, Inc., copy attached. Original Work Order #CDM-FT-98-3 $23,180 Change Order No. 1 26~ TOTAL $50,000 Both the Solid Waste Department and Water Department will equally share the costs '~f this computer modeling study. FISCAL IMPACT;_ The original work order was funded by the Solid Waste Department to expedite tl'ie start of the initial monitoring work. The total cost of the project is $50,000. To equally divide the total cost, provided as follows: funding for Change Order No. 1 will be Executive Summary Odor Monitoring and Modeling, Change Order No. 1 Page 2 Funds are available from Fund 470 (Solid Waste Capital) as follows: Amount: To: (S50,000/2) - S23,180 = S1,$20 Fund: 470 Solid Waste Disposal Cost Center: 173410 Solid Waste Administration Project No.: 59038 (Naples Landfill Site Evaluation) No funds are currently budgeted for this odor monitoring andmodciingstudy-A budget amendment is needed to transfer funds from Fund 412 Reserves for Water Capital Outlay as follows: Fund: Cost Center: Object Code' 412 Water Capital 919010 Reserves 993020 Reserves for Water Capital Outlay Amount: ($50,000/2) - $25,000 = $25,000 To: Fund: 412 Cost Center: 273511 Project No.' 70020 Water Capital Combined Water Capital Projects (South County Regional Water Treatment Plant Odor Control). GROWTH MANAGEMENT IMPACT.:. None. RECOMMENDATIONS;. Staff recommends that the Board of County Commissioners, as the Ex-Officio governing board of the Collier County Water- Sewer District, approve Change Order No. I to Work Order #CDM-FT-98-3 and the necessary budget amendment and authorize the OCPM Director to execute the change order. PREPARED BY: REVIEWED BY: Mohan V. Thampi, P.E(., Project Manager Office of Capital Projects Management ~dolfo ~A. G~nz.Aez, pl~//, DiI. v.~tor Office of Capital Proj~r~ts Management DATE: ~/2 2/J ~ DATE: MAY 0 5 1998 ?.... ,,-z Page 3 REVIEWED BY:~'"' ' David Russell, Solid Waste Director Public Works Division -- Ed F{nn, Interim Water Director .. ~ Public Works Division ". REVIEWED DATE:f/ / / B~DATE:,~ Ed Ilschncr, Administrator Public Works Division MVT:mvt Attachment .o.._~~ HAY 0 5 1998 CBA~qG£ ORD£R No. I Oc Couu:y will dCpar~c~ ~p~rov~L ~i1% bc c~z~derrO &n ~sC~oal~ scZv~CC 3~ ckargc~ accordinB to ~.¥1£WED BY jO^~.D OF COUNTY CO}4),(ISSIONg~-S Uollie- Coun:y Florid- ~ A2I;st3~ Couuty ,.2) Priu% zq HAY 0 5 1998 CDM Camp Dresser & McKee Inc. 2503 Del Prado Boulevard. Suite Cape Ccral. F',o,4da 33904-5709 Tel:9-tl 574-7100 Fax:-e41 574.7474 arch 17,1998 Mr. Mohan Thampi, P.E. Collier County Office of Capital Projects Management 3301 Tamiami Trail East, Building D Naples, Florida 34112 Re: Odor Monitoring and Modeling Fixed Term Services Contract #95-2422 Dear Mr. Thampi: Per >'our request we have prepared a scope and budget for odor monitoring and modeling. S__cope of Services Odor MoniToring and Modelirm Task I - CD,vi ,,,,'ill establish monitoring locations near and in the area surrounding the ~CRWTP and landfill based on existing monitoring locations and typical meteorological conditions. Monitoring times ,,,,'ill be determined and a form for recording information will be prepared. Proposed monitoring locations and times will be reviewed with the County. Sixty (60) hours will be spent monitoring hydrogen sulfide. Seven (7) methyl mercaptan samples ,,*All be collected. Samples will be collected in a Tedlar bag by a vacuum pump, shipped to a certified laboratory and analyzed within 72 hours for twenty sulfur compounds. The analysis method uses a GC/MS/SCD method that will allow for detection limits as Iow as 4 ppb. Methyl mercaptan, the compound of concern, has an odor detection level that is in the ppt range. It is very possibie that an odor that is perceived as faint or even strong ,,,,'ill fall above the odor detection threshold, but below the laboratory detection threshold. ~t,sK2.' Odor Modeling. The ISC computer model will be used *.o estimate the resulting odor from the landfill and the SCRWTP. The dispersion model uses local meteorological data, local terrain features, and source sample data to determine the maximum one hour impact over an entire years worth of actual weather conditions. The output is incorporated' with localized maps to graphically present the maximum results in isopleths. ~aask 3_- Presentation of Results. A letter report will be prepared to summarize the results of the odor monitoring and the computer modeling. Five (5) copies ora draft report ,,viii be submitted for the County review. Five (5) copies of the final report will be provided to thc - ~l~,a ! Mr. Mohan Thampi, P.E. March 17, 199g Page 2 The attached table provides an estimated cost for each of the options using the rates established in our Fixed Term Ser-,'ices Contract with the County. The total lump sum fee is $26,$20. The schedule includes completing the project within 45 days ora written notice to proceed. Should you have any questions, please do not hesitate to call me. Very truly yours, CAMP DRESSER & McKEE INC. Richard D. Moore, P.E. Vice President RD NVMX,X,~Ulmw xc: Marie Mahan, CDM Jim Hagerty, CDM HAY 0 5 1998 u ~'~.~ MAY 051998 EXECUTIVE SUMMARY ACCEPT CONVEYANCE OF A UTILITY EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT FOR UTILITY AND MAINTENANCE OF SEWER ANO WATER LiI",IES TO SUGDEN REGIONAL PARK OBJECTIVE: That the Board of County Commissioners as the Governing Body of Collier County and as Ex-Officio the Governing Board of the Collier County Water-Sewer Distdct accepts a Utility Easement and a Temporary Construction Easement from Jerry F. Young and Regina F. Young for the purpose of utility- and maintenance of sewer and water lines to the Sugden Regional Park. CONSIDERATIONS: The Real Property Management Department was directed to acquire a Utility Easement and a Temporary Construction Easement from Jerry F. Young and Regina F. Young, owners of the underlying land, enabling the Count7 to install and maintain water and sewer lines to and for Sugden Regional Park. For compensation the owners requested their existing sewer assessment in the amount of $5,038.65 be paid in full. The requested amount is in excess of the estimate of value conducted by staff on March 31, 1998, in the amount of $950.00. However, alternate routing of said water and sewer lines would exceed the $5,038.65 requested by the property owners. After negotiations between staff and the property owners, staff recommends the County pay the existing sewer assessment levied against said property in the amount of $5,038.65, to alleviate extra expenses that would be incurred if an alternate route were utilized, for a total cost savings of approximately $5,000.00. Upon acceptance and recording of the Utility Easement and Temporary Construction Easement, Collier County will obtain access to construct and maintain water and sewer lines to the Sugden Regional Park. The attached documents have been reviewed and approved by the County Attorney's Office and Joe Delate, Project Manager, Office of Capital Projects Management. ¸:0 EXECUTIVE SUMMARY PAGE 2 aelSCAL IMPACT: Staff estimates that the cost of ordering a title policy and cordation of all related documents and expenses will not exceed $500.00 and s previously stated $5,038.65 is required to satisfy payment of an existing sewer assessment in order to obtain the required easements. Funds are available in the FY 97/98 budget for this project as follows: Fund No.: Cost Center No.: Project No.: (345) Regional Park Impact Fees (116360) Parks Capital Projects (80081) Sugden Park GROW'rH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners as the Governing Body of Collier County and as Ex-Officio the Governing Board of the Collier County Water-Sewer District accept and execute the attached Easement Agreement and accept the Utility Easement and Temporary Construction Easement, and authorize staff to proceed and record all necessary documents in the Public Records of Collier County, Florida. ~. J'ea ~6-~'an, ~c~e~-y-§pecialist II ' - Real 'roperty Mar~gement Department Dh F. Delate, ASLA, RLA, Project Manager / f Office,1:)f Capital Fr~ects Management Adolfo A~ O~lez, P.~mi~or O~~~ mje~s Management APPROVED ~~ Ed ~l~chn~r, Administrator Public Wo~s DMsion · I HAY 0 5 1998 I l I '- "' -' -~--~li'a~-,~J'~r,~,;,~.w~'~,., .~._~..._~._~_.~__~._~.,~,,~.~ ... ,~..~. ..... ~_.:. _ . _ ~' ~ , I ' ' ~ ' ' ; ' ~ · ; -' ~ ~ , PROJECT: 80080 (Sugden Regional Pa[k} PARCEL: 701 FOLIO: 4787200000 TEMPORARY CONSTRUCTION EASEMENT THIS EASEMENT granted this ~ day of ~'~v.~l~, ., l~g~_, by JERRY W, YOUNG and REGINA F. YOUNG, Husband and Wife, hereinafter collectively referred to as Grantor, to the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, a political subdivision of the State of Flori.ia, its successors and assigns, ss Grantee. (Wherever used herein the terms 'Grantor" and 'Grantee' Include all the padies to this instrument and their respective heirs, legal representatives, successors or assigns.) WITNESSETH That the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration paid by the Grantee, receipt of which is hereby acknoYAedged, hereby conveys, grants, bargains and se~Is to the Grantee. a Temporary Construction Easement to enter upon the lands described as follows (the "Easement Area'): SEE ATTACHED EXHIBIT 'A' which is incorporated herein by reference. The Easement Area shall be used by Grantee for the purpose of constructing water and sewer lines. This Temporary Construction Easement shall expire upon completion of the construction of the public facilities in the Easement Area on or before July 30. 1998, whichever occurs first. Upon the completion of construction, the Grantee shall reslore the surface of the Easement Area to its original condition. THIS IS HOMESTEAD PROPERTY IN WITNESS WHEREOF, Ihe GRANTOR has caused these presenls to be executed the day and year first above written. WITNESSES: ~ / (~";'natu ~" ( ignature (Printed Name) COPY Page 2 WITN~.S ,S: (Prinled Name) (Signature)/__ (Pdnted Name) Regina{F. Young 3500 Gu~ford Road Naples, FL 34112 - 6237 STATE OF COUNTY O F ~,~ The foregoing Temporary Conslruction Easement was acknowledged before me this ..~/'" day of ,,*'/i//..,_~.. 1998. by Jerry W. Young, who is personally known to me or who has produce~ --/c~. ~ ~. L;, _ as identification. (affix notarial seal) (Signature of Notary Public) ~- ~Ii '~ co,~o,, cc 7ms?~ (Print Name of Notary Public) · '~ ~'~'~'~ ~,'~ ~,~ NOTARY PUBLIC Serial/Commission #:. My Commission Expires: STATE OF ~,~.,,---- COUNTY OF_ ~ The foregoing ,Temporary Construction Easement was acknowledged before me lhis ...~/ ~r dav of /J~.~ J,., 1998. by Regina F. Young. who is personally known to me or who has'pr~luced ~_. D.L.,~.. as identification. (a,fix notarial seal) ~/'~_' (Signature of Notary Public) · Y i~ y, CO~u~s~3~CC715296 '~:~,d~' ~,~zs ~ ~, ~ (Print Na~ of No~ Public) --~ ~A~~..~. HOTLY PUBLIC Se~a~mmiss~n ~: My Commiss~n Expires: COPY _zu_x_ .I ~EOAL 3301 OFFICE OF CAPITAL PROJECTS EAST TAMIAMI TRAIL NAPLES, FLORIDA a.'l-1 '1;! (941) 774-8'192 PROJECT NO. PROJECT PARCEL NO. TAX PM~CEL NO. DESCRIPTION (NOT A SURVEYS) TIlE WEST FIFTEEN FEET(15') FEET OF THE EAST THIRTY (30') FEET OF TIlE SOUTtl 125 FEET OF LOT 15, BLOCK"B" OF THE PLAT THEREOF, GUILFORD ACRES , AS RECORDED I'N PLAT BOOK 3, PAGE 59, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA· CONTAINING 1875 SQUARE FEET MORE OR LESS. PARCEL 701 Pi~OFESSIONAL ~ND SU~OR J2406 OFFICE OF ~IT~ PR~E~S COLUER COUN~ G~RN~ENT CO~ 5501 E T~ 1~ ~, ~O~IDA 5411 PROJECT: 80081 (Sugden Regional Park) PARCEL: 901 FOLIO: ' 47872000000 UTILITY EASEMENT THIS EASEMENT, made and entered into this ~t_ day of _~C~Q ," ~.~ . 19"~ by JERRY F. YOUNG and REGINA F. YOUN'N'N'N'N'N'N'N'N'N~, Husband and Wife, ~vhose mailing address is 3500 Guilford Road, Naples ~1., 34112 - 6237, hereinafter collectively referred to as Granlor, to the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERN!NG BOARD OF THE COLLIER COUNTY WATER-SEY~-R DISTRICT, 3301 East Tamiami Trail, Naples, Florida 34112, its successors end assigns, as Grantee. (W~erever used herein the terms 'Grantor' and 'Grenlee" include ali the parties to this instrument and their respective heirs, legal representatives, successors or assigns.) WITNESSETH: Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto Ihe Grantee. its successors and assigns, a perpetual, non-exclustvo license and privilege for utility purposes, on the following described lands located in Collier County, Flodda, to wit: See attached Exhibit 'A' which Is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. THIS IS HOMESTEAD PROPERTY TO HAVE AND TO HOLD lhe same unto the Grantee logether with the right to enter upon said land, excavate, and place or remove materials [including, but not limited to, sewer lines and pipes, service and pump stations, and other equipment or improvements appurtenant thereto or thereunder for lhe purpose of constructing. operating, and maintaining util;ty fac~ities thereon. Grantor and Grantee are used for singular or pl~:ral, as the c~,ntext requires. The easement granted herein shall constitute easements running with the land and shall burden the lands descn'bed above. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. COPY Utility Easement Page 2 AS TO OWNER: ~SES: /-,L/~ ::7' 2'~,L~ 3500 ~¢fo,~  d~ame) Naples, FI., 34112 - 6237 (Signature) (Printed Name) DATED: .-¢- 3 / .:r'f? ! (Pr!hied Name) (Signature) (Printed Name) -Regina F~Youn-g - 3500 Guilford Rd. Naples, FI,, 34112 - 6237 COpY Acknowledgment Page Follows MAY 0 5 1998 Utility Easement Page 3 COUNW OF ; .~ foregg_ing Utility Easement was acknowledged before me this ,,_~'/ : da.y of ,~~ 19o?~ by Jerry W. Young, who is personally known me to or who nas produced ~(. ~,-. ~ Z_ as identification. (aW, x notarial seal) (S~nature of Notary Public) (Print Name of Notary Public) NOTARY PUBLIC SeriaL/Commission #: My Commission Expires: The foregoing,Utility Easement was acknowledged before me this ,,_.~/ day of ///~.~ 19~. by Re9ina F. Young. who ,, personally known to me or who has produced ,~d_ ~, C.'c- as identification. yS'~o. 73.t -,~/. (affix notarial seal) . ~. LOIS NlC~OL6 (Print Name of Notary Public) NOTARY PUBLIC SeriaL/Commission #: My Commission Expires: COPY 3301 OFFICE OF CAPITAL PROJECTS EAST TAUlAMI TRAIL NAPLES, FLORIDA 3411 (941) PROJECT NO, PROJECT PARCEL HO. TAX PARCEL NO, _LEGAL DESCRIPTION (NOT A SIJRVE'Y') TIIE EAST FIFTEEN (I 5') OF TIlE SOUTII 125 FEET OF LOT 15, BLOCK"J3" OF THE PLAT TIIEREOF, GUILFORD ACRES, AS RECORDED FN PLAT BOOK 3, PAGE 59, OF Tile PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING Ili"/$ SQUARE FEET MORE OR LESS. PARCEl. 901 COPY · R~HI~OND I PROIrESSION/~. LAND SUFa,,~"YOR ~2496 OFFIC~ OF CAPITAL PRO. IECTS ' ,, , I , - COUJ£R COUNI'f COVF.~,~ENT COk¢%~ I ~,~ 3301 £ TAMtAMI TRNL NA~, FLORIDA ,341 2 I I HAY 0 5 1998 REAL PROPERTY CONVEYANCE DOCUMENTS AGENDA DATE: ,19 AGENDA ITEM: ACCEPT CONVEYANCE OF EASEMENT AGREEMENT COLLIER COUNTY AS GRANTEE: The original Easement Agreement will be sent to the Board of County Commissioners of Collier County, Florida as the Governing Body of Collier County and as Ex-Officio the Governing Board of the Collier County Water- Sewer District. for execution after the Executive Summary has been approved. HAY 0 5 1998 PROJECT: 80080 (Sudgen Regional Par~,) PARCEL: 901. 701 FOLIO: 4787200000 EASEMENT AGREEMENT COPY THIS EASEMENT AGREEMENT (hereinafter referred to as the 'Agreement") is made and entered by and between JERRY W, YOUNG and REGINA F. YOUNG, Husband and Wife, (hereinafter collectively referred to es the 'Owner-) and BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, A~ THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEW"ER DISTRICT, a political subdivision of the State of Florida, its successors and assigns (hereinafter referred to as the "Purchaser'); WHEREAS, the Purchaser requires an Easement over. ur~der, upon and across the lands described in Exhibit 'A'. which is attached hereto and made a part of this Agreement. (hereinafter referred to as the 'Properly') for utility and maintenance purposes. WHEREAS, the Purchaser requires a Temporary Construction Easement over, under, upon, and across the lands described in Exhibil 'B', which is attached hereto and made a part of this Agreement (hereinafter referred to as [he 'Temporary Construction Easement") for the purpose of constructing water and sewer lines; WHEREAS, the Owner desires to convey the Easements to the Purchaser for the staled purposes, on the terms and conditions set fodh herein; and WHEREAS, the Purchaser has agreed to compensate the Owner for the granting of the Easement over, under, upon, and across the Property. NOW THEREFORE, in consideralion of these premises, the sum etr Ten Dollars (510.00). and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. Owner shall grant Purchaser the Easements over, under, upon, and across the Property in exchange for the sum of $5038.65 (Five Thousand Thirty Eight Dollars and Sixty Five Cents) as full payment for the Property and the Temporary Easement interests taken and for any da,'~ages resulting to the remainder, if less than the entire property was taken, and for all other damages in connection with said Property. 2. Purchaser shall pay Owner for the Easements by County WarranL 3. Bcth Owner and Purchaser agree that dosing shall occur within sixty (60) days of the execution of the Agreement by Purchaser. However, Owner agrees that closing may be extended until such time as any and all liens, encumbrances, exceptions, or qualifications in and to the Property are properly executed and delivered to the Purchaser. At closing, Purchaser shall deliver the County Warrant to Owner and Owner shall deliver the easements to Purchaser in forms acceptable to Purchaser. 4. Prior to the dosing, Owner shall obtain from the holders of any and ali liens, encumbrances, exceptions, or qualirmaUons in and to the Property. the execution of such instruments that will, upon thee recording in the Public Records of Collier County. Florida, dear any and all encumbrances from the Property. Such instruments shall be provided to Purchaser on or before the date of dosing. 5. Conveyance of tho Temporary construction Easement, or any Interest in the Property, by tho Owner is conffngent upon no other provisions, conditions, or premises other than those so stated above; and the written agreement, including ell exhibits attached hereto, shall constitute the entire agreement and unc~erstanding of the parties,j- and there are no other ~'~or or contemporaneous written of oral agreements,I ~:~¢~ !~ -~ undertakings, prom{sas, warranties, of covenants not contained herein. ] HAY, O 5 1998 _., Easement Agreement COPY Page 2 6. Owner is aware and understands that the *offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Ccmmissioners of Collier County, Florida. 7. Owner represents that the Properly and all uses of the Properly and the Temporary Construction Easement have been and presently are in compliance with all Federal. State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the Property and the Temporary Construction Easement except as specifically disclosed to the County; that thc Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property and the Temporary Construction Easement to be sold to the County, that the seller has not received notice and otherwise has no knowledge ot' a) any spill on the Properly and the Temporary Construction Easement, b) any existing or threatened environmental lien against the Property and the Temporary Construction Easement or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Properly and the Temporary Construction Easement. This provision shall survive closing and is not deemed satisfied by conveyance of title. 8. Owner hereby agrees that it shall indemnify, defend, save and hold harmless the County against and from, and to reimburse the County with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asseded against the County by reason or arising out of the breach of owner's representation under Section 7. This provision shall survive closing and is not deemed satis~ed by conveyance of title. 9. The Purchaser shall pay for all costs of recording the Easements. All other costs associated with this transaction including but not limited to transfer, documentary and intangible taxes, and costs for any curative instruments shall be borne and paid by Owner. 10, I[' the Owner holds the Properly in the form of a partnership, limited partnership, corporation, [rust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Flodda Statutes, under oath, of the name and address of every person having a bene[icial interest in the Property before the Property held in such capacity is conveyed to Purchaser, its successors and assigns (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517o FIodda Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 11. This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the padies hereto have executed this Easement Agreement on this ~ day of .19 Dated Project/Acquisition Approved by BCC: AS TO PURCHASER: DATED: ATTEST: DWIGHT E. BROCK, Clerk , Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA BY: Barbara B. Berry, Chairman HAY 0 5 i998 Easement Agreement Page 3 AS TO OWNER: DATED: (Signature) (Printed Name) 3500 Gu~ford Rd. Naples, Fi., 34112 - 6237 DATED: ',~- 3/- y/ (Pri0ted Ni~me) (Signature) (Printed Name) Regina F J-yoUng 0 3500 Guilrord Rd. Naples, FI., 34112 - 6237 Approved as to form and legal sufficiency:. Assistant County Attorney .HAY 0 5 1998 330~ OFFICE OF CAPITAL PROJECTS EAST TAMIAMI TRAIL NAPLES, FLORIDA 54112 (941) 774-8192 LEGAL PROJECT NO. PROJECT PARCF..L NO. TAX PARCEL NO. ^ COPY TI IE EAST FIFTEEN (I S') OF TI IE SOUTll 12S FEET OF LOT l.$, DLOC~. "LI" OF TIlE PLAT TIIEREOF, GUILFORD ACRES. AS RECORDED IN PLAT BOOK I'AGE 59, OF TI IE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING lilTS SQUARE FEET MORE Olt LESS. PARCEL 901 PROFESSIONAL LAND SUF6/EYOR t2406 OFFICE OF CN~A/. PRO..,~:.CTS COLLIER COUNTY GOVERNMENT COMPLEX 3301 E TN,~t/,~I 1RNL NAPLES, FLOI'(1O~, 3411: 't 5 1998 '3301 O??IC£ OF CAPITAL PROJECTS EAST TAMIAMI TRAIL NAPLES,' FLORIDA 34112 (9,1.1) '774.-8192 PROJECT HO. PROJECT PARCEL NO. TAX PARCEL I10, LEGAL DESCRIPTION (NOT A SURVE'Y~ CO~.~y TIIE W~ST FIFTEEN FEET(IS') FEET OF TIIE EAST THIRTY (]0') FEET OF TI IE SOUTH 125 FEET OF LOT i 5, BLOCK "B" OF TIlE PLAT THEREOF, GUILFORD ACRES. AS RECORDED IN PLAT BOOK 3, PAGE 59. OF THE PUBLIC RECORDS OF COLLIER COUN'TY, FLOR]DA. CONTAIiNING 1875 SQUARE FEET MORE OR LESS. PARCEL 701 I"~KJFF. SSIOI'&'kL IANO ~U~OR ~2408 ! OFFICE OF ~IT~ PI~OJECTS J COLLIER COUN~ C~RNMENT COMPL~ ~30~ C T~I ]~L N~LES. FLORIOA 541 2 HAY B 5 1998 APPROVAL OF A UTILITY FACILITIES REIMBURSEMENT AGREEMENT WITH NTC DEVELOPMENT LTD. D.~ That the Board of County Commissioners as Ex-officio the Governing Board of the Collier County Water-Sewer District approve a Utility Facilities Agreement with NTC Development Ltd., a Florida Limited Partnership, the developer of Carlton Lakes. CONSIDERATIO~I~ l) As part of'the development of'Carlton Lakes, the developer desired to access the project through an easement containing a County owned/operated wellfield. In addition, the developer desired to modify or reconfigure some of the existing well- housings that are at the entrance of the development project. As part of'this modification or reconfiguration, the Wastewater Department required certain equipment upgrades, namely stainless steel motor starters totaling $6,710.00. 2) These upgrades are ofbenefit to the County as they enhance/improve the overall system. 3) This agreement has been approved as to form and legal sufficiency by the County Attorney's office. FISCAL IMPACT: The fiscal impact of this Utility Facilities Reimbursement Agreement is $6,710.00. Funds are available in 413-263611 OVastewater Capital), Project No. 74015 (Misc. Effluent System Improvements). G~EMENT IMPACT: None. HAY 0 5 1998' RECOMMENDATION: That the Board of County Commissioners, as Ex-officio the Governing Board of the Collier Co~mty Water-Sewer District, approve the Utility Facilities Reimbursement Agreement with NTC Development Ltd., a Florida Limited Partnership. APPROVED Consent Agenda: 05105198 J HAY051998 UTILITY FACiLITiES REIMBURSEMENT AGREEMENT This Agreement is made and entered into this day of 7998 by and between NTC Deve!c=ment Ltd., a Florida limited partnership, (hereinafter referred to as "Developer") and the Board of County Commissioners of Collier County, Florida, as the Governing Body of Collier County and as Ex- officio the Governing Board of Collier County Water-Sewer District (hereinafter referred to as "County"). RECITALS WHEREAS, Developer either has legal control over or is the legal owner of certain lands described in Composite Exhibit A (hereinafter referred to as "Developer's Project"); and WHEREAS, Deve!cper desires to construct certain utility facilities to serve the Developer's Project in advance of the County's current capital improvements schedule; and WHEREAS, the County Public Works Division has recommended to the Board of Commissioners that it will be advantagecus to the public for the Developer to install certain wastewater utility facilities described in composi:e Exhibit "A" which are hereinafter referred to as the "Utility Project"," which are composed of, among other things, improved facilities at the North Naples Wellfield. WHEREAS, Developer has submitted to the Collier County Public Works Division staff an acceptable proposed plan and estimate of costs for the Utility Project, which include: a. A narrative description of the Utility Project; and 1 MAY 0 § b. An acceptable proposed time schedule with the comple~ion of the Utility ?roject prepared by a professional engineer; and c. Acceptable additional professional opinions of the probable construction costs for [he Utility Project prepared by a professional engineer; and WHEREAS, Developer is amenable to installing the Utility Project in a manner consistent with the master plans, standards and procedures employed by the County; and WHEREAS, the County is amenable to reimbursing the Developer's increase materials costs and increased installation costs incurred and paid by Developer which said costs would not have been incurred or paid but for the improvements desired by Collier County Wastewater Department; and WHEREAS, the Utility Project contemplated under this Agreement shall be construed and characterized as work done and property rights acquired by utility or other persons engaged in the collection or distribution of wastewater or water for the purpose of constructing or installing on established rights-of-way, mains, pipes, cables, utility infrastructure or the like; and WHEREAS, the Board of County Commissioners finds that the reimbursement contemplated by this Agreement is consistent with and furthers the County's existing capital improvement element of its comprehensive plan; and WHEREAS, this Agreement shall not be construed or characterized as a "development agreement" under the Florida Local Government Development Agreement Act. 2 Ir,, W I TN E S S E T H : NOW, THEREFORE, in consideration of the covenants contained in this Agreement, Ten ($10.00) Dollars and other good and valuable consideration exchanged amongst the parties, it is mutually agreed between the parties as follows: 1. RECITALS INCORPORATED. The above recitals are true and correct, and shall be incorporated herein. 2. PERMITS REQUIRED PRIOR TO CONSTRUCTION. Developer shall obtain all required permits to construct and install the Utility Project prior to the comgnencement of any portion of the Utility Project. 3. CONSTRUCTION OF PROJECT BY DEVELOPER. Upon approval and execution of this Agreement by Developer and the County, Developer covenants to construction and completely install at his cost and expense the utility facilities described as the Composite Exhibit 4. INSPECTIONS. As a part of the acceptance procedures employed by the County, Developer agrees that he shall cause his engineer to provide to the Collier County Public Works Division documentation acceptable to the Public Works Division Director which documents that the Developer's engineer has inspected the subject Utility Project during construction, installation and interconnection with the County's regional system. Such documentation shall verify compliance with all applicable federal, state and local procedures and standards. 5. COUNTY TO REIMBURSE DEVELOPER. Upon acceptance and recording of all appropriate conveyance documents to the County which relate to the Utility Project in a manner which conforms with the standards and procedures employed by the County for the acceptance of regional wastewater utility infrastructure, and after receipt by the Public Works Division Director of a satisfactory written verification of unconditional payment in full for the materials, installation and all other costs of the Utility Project, the County agrees to reimburse Developer for certain material and installation costs of the Utility Project in the sum total of $6,710.00 which is reflected on the schedule of reirabursement attached as Exhibit "C." In no case whatsoever shall the County's maximum payment obligation under this agreement exceed the total amount to be paid Developer as shown on Exhibit "C." Further, no reimbursement shall be made for any installation cost or material cost of a pipe size that is otherwise required of Developer as a part of a planned unit development ordinance, site development plan or any other ordinance, or regulation, condition or permit. If there should be a reduction in the cost to Developer for reimbursable materials or installation costs from the estimated costs specified in composite Exhibit WA," such cost reduction to Developer shall also reduce the County's reimbursement obligation, pro rata, e.g., if the reimbursable cost to Developer should be reduced by five (5%) percent, the County's obligation hereunder skail be reduced by the five percent. 6. RECORD RETENTION. Developer shall'keep or provide for tke retention of adequate records and supporting documentation which :oncern or reflect the total cost of construction or installation of the Utility Project. This information shall be available so County, or its duly authorized agents or representative for audit, inspection or copying, for a minimum of five (5) yea:s form the County's execution of this Agreement. 7. NO CLAIM TO ANY IMPACT FEE CREDITS. Developer represents and warrants to the county that it has no claim and agrees to make no claim whatsoever for any water or sewer impact fee credits associated with the development of the Developer's Project or arising form this or any prior agreement, requirement or obligation, including, but not limited to any claim to impact fee credits under the provisions of Chapter 380, Florida Statues. 8. SURVIVAL OF OTHER REQUIREMENTS. The failure of this Agreement to address any permit, term or restriction shall not relieve the Developer, or its successors, of the necessity of complying with any law, ordinance, rule or regulation governing said permitting, requirements, conditions, terms or restrictions. This Agreement shall be modified or revoked as is necessary to comply with all relevant state or federal laws, if state or federal laws are enacted after the execution of this Agreement which are applicable to and preclude the parties compliance with the terms of :his Agreement. 9. AMENDMENT. The burdens of this Agreement shall be binding. upon, and the benefits of the this Agreement shall inure to all successors in interest to Developer. 10. BINDING AFFECT. The burdens of this Agreement shall be binding upon, and the benefits of this AGreement shall inure to all successors in interest to Developer. 11. RISK MANAGEMENT GUIDELINES. The performance and execution of this Agreement shall be carried out in conformance with the risk management guidelines established by the County's Risk Management Department, as more particularly described in Exhibit ~B" attached hereto and incorporated herein by reference. 12. RECORDING. This Agreement shall be recorded in the official records of Collier County, Florida, within fourteen (14) days after the County, by its duly authorized chairman executes the Agreement. 13. ENFORCEMENT. Any party to this Agreement shall have the ability to file an action for injunctive relief in the circuit court of Collier County to enforce the terms of this Agreement. Said remedy being cumulative with any and all remedies available to the parties for enforcement of this Agreement. 14. ATTORNEY'S FEES. Only the parties executing this Agreement shall be entitled to reasonable attorney's fees, including appellate attorney's fees and costs, incurred as a prevailing party in connection with any litigation arising rom this Agreement, and to all reasonable expenses, including attorney's fees, incurred in exercising or enforcing the right, 6 I remedies provided or incorporated herein. 15. SEVERABILITY. In the event that any portion of this Agreement shall be found to be unenforceable in any legal proceeding, the remaining provisions shall remain in full force and effect. 16. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties with respect to the subject matter referred herein. IN WITNESS WHEREOF, the parties have executed this Agreement e date.and, year first Witness - Printed Name Witness-~ S~nature Witness - Printed Name above written. NTC Development, Ltd., a Florida limited partnership By: SW Florida Partners, Inc., a Florida corporation, By: !~ ~.,'I, ~' ",- Robert G. Claussen, President STATE OF FLORIDA COUNTY OF~ The foregoing Utility Facilities Warranty Deed was acknow- ledged before me by Robert G. Claussen, President of SW Florida Partners, Inc., a Florida corporation, the general partner of NTC Development, Ltd, a Florida limited partnership on behalf of the partnership. Personally known ~ or produced identification Type of identification produced: . my hand and official seal this /¢-~4' day of WITNESS ~?~ ~'. , 1998. N~. CC492914 7 Notary Public My Core,mission Expires: ?/~ ~-/¢ / ~,~.,('/~' ~ .L',h/7 // Notary Printed ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency Assistant County AttorneY BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT BY:. BARBARA B. BERRY, CHAIRMAN June Aqnoli, 7400 Taa~a&i Ti&i! Worth, Suite 200 03-?6(~l,doc.vpd ALL THAT PART OF THE WEST I/2 OF SECTION TOWNSHIP 48 SOUTH. RANGE 26 EAST. COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 19; THENCE ALONG THE WEST LINE OF SAID SECTION 19. NORTH 01'07'$4' WEST 100.00 FEET TO THE NORTH LINE OF AN EASEMENT FOR DRAINAGE PURPOSES AS DESCRIBED IN DEED BOOK 44 AT PAGE 78, COLLIER COUNTY PUBLIC RECORDS, COLLIER COUNTY, FLORIDA, SAID POINT ALSO BEING mE SOUTHWEST CORNER OF THAT PARCEL AS DESCRIBED IN O.R. BOOK 767, PAGES 1508 AND 1509 AND O.R. BOOK 768, PAGES 828 AND 829, COLLIER COUNTY PUBLIC RECORDS, COLLIER COUNTY. FLORIDA: THENCE ALONG THE BOUNDARY OF THAT LAND AS DESCRIBED IN SAID O.R. BOOK 767, PAGES 1508 AND 1509 AND O.R. BOOK 768, PAGES 828 AND 829. COLLIER COUNTY PUBLIC RECORDS, COLLIER COUNTY, FLORIDA, THE FOLLOWING DESCRIBED NINE (9) COURSES; t NORTH 89'09'48" EAST 50.00 FEET; NORTH 01'07'34' WEST 549.50 FEET; 3) NORTH 88'52'26" EAST 30.00 FEET; 4) NORTH 01'07'$4" WEST 2017.43 FEET; 5) NORTH 00'58'48' WEST 582.54 FEET; 6) NORTH 89'01'12' EAST 360.00 FEET; 7,) NORTH 00'58'48' WEST 800.00 FEET; 8) SOUTH 89'01'~2" WEST 400.00 FEET; 9) NORTH 00'58'48" WEST 1280.00 FEET TO A POINT ON THE NORTH LINE OF SAID SECTION 19, WHICH LIES NORTH 89'20'08' EAST 40.00 FEET FROM THE NORTHWEST CORNER OF SAID SECTION 19; THENCE ALONG THE NORTH LINE OF SAID SECTION 19, NORTH 89'20'08" EAST 2592.26 FEET TO THE NORTH 1/4 CORNER OF SAID SECTION 19; THENCE ALONG THE NORTH AND SOUTH I/4 SECTION LINE OF SAID SECTION 19, SOUTH 01'08'21' EAST 1716.05 FEET; THENCE LEAVING SAID LINE, SOUTH 89'09'48' WEST 750.00 FEET; THENCE SOUTH 01'08'21" EAST 3605.71 FEET TO THE SOUTH LINE OF SAID SECTION 19 AND THE SOUTH LINE OF THAT DRAINAGE EASEMENT DESCRIBED IN SAID DEED BOOK 44, PAGE 78; THENCE ALONG SAID LINE, SOUTH 89'09'48' WEST 1890.21 FEET TO THE SOUTHWEST CORNER OF SAID SECTION 19 AND THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; BEING PART OF THE WEST 1/2 OF SECTION 19, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; SUBJECT TO AN EASEMENT AS RECORDED IN DEED COUNTY PUBLIC BOOK 44, AG PAGE 78, COLLIER RECORDS, COLLIER COUNTY, FLO'?IDA; _~-',.;. SUBJECT TO OTHER EASEMENTS AND RESTRICTION ~,:..(~..' RECORD IF ANY. EXHIBIT "A" Page Two of Four NARRATIVE DESCRIPTION OF THE UTILITY PROJECT The developer has with the approval of Collier County, constructed the entry to Carlton Lakes PUD. As part of that project there were improvements made to the Collier County Well field infrastructure, most &which facilitated the ability to cross for the purpose of entry. Among the improvements was the installation of new Stainless Steel Motor Starters on the wells. It was agreed by staff and developer that this would be the only cost for which Collier County should be responsible as this improvement is unrelated to the need for access. The Starters were installed at that time in order to take advantage &the contractor mobilized at the site. The cost for installing the Star, ers was S6,710. EXHIBIT "A" Page 3 of 4 TIME SCHEDULE FOR COMPLETION OF THE PROJECT The Project is currently complete. kit eondu~t, co~parvire, ftm~loeo fritters, control conduit for werk at p~ Future eontrol c~d~ ~e- service O~ CO~ACr: . Paym~n~ due n~ 30 EXHIBIT "C" Page 1 of 1 TIME SCHEDULE FOR REIMBURSEMENT As soon as possible. EXECUTIVE SUMMARY ACCEPT PROPOSAL BY KYLE CONSTRUCTION, INC. TO CONSTRUCT THE COLLIER COUNTY WATER o SEWER DISTRICT AND CITY OF NAPLES WATER SYSTEM INTERCONNECT, PROJECT NO. 70040. OBJE .CT~rE_2 That the Board of County Commissioners, as Ex-Officio the Governing Board of the Colli ~r County Water-Sewer District, auflaorize a Purchase Order to construct the first of two facilities planned to interconnect the City's and County's potable water systems. CONSIDERATION: An Interlocal Agreement dated September 14, 1994, called for interconnecting the City's and County's potable water systems so that one party can provide to the other party "that water needed to provide temporary assistance in the event one party has an emergency need for water beyond that availability in its own system." The Agreement also states that the "agreement shall not apply to reasons of exceeded design or capacity limits on plant or infrastructure facilities." Staft evaluated alternative interconnect locations and determined there were two locations that offered the greatest mutual benefit. They are Pine Ridge Read near Goodlette Frank Road and Davis Blvd. near Lakewood Blvd. The interconnects are proposed to be constructed in two phases because of funding constraints. The first interconnect to be constructed, under this proposal, will be on Pine Ridge Road near Goodlette Frank Road. The Board accepted the Temporary Construction Easements and the Utility Easement needed for this project at its meeting of April 21, 1998, under ag~da item 16 B 3. Proposals to construct the interconnect were received from the four contractors prequalified under the City of Naples "Underground Utility and Emergency Repair Annual Contract," City Bid No. 95-26. The proposals received were: Kyle Construction, Inc. Haskins, Inc. Mitchell & Stark Construction Company, Inc. Douglas N. Higgins, Inc. $ 53,434.91 $ 65,060.OO $ 80,980.00 $ 93,737.00 The Engineer's Estimate for the project was $ 66,170.41. Kyle Construction, Inc. submitted the lowest, responsive proposal. Kyle Construction, Inc. has a satisfactory performance record on previous projects involving similar work. FISCAl. IMPACT: available from: Funds for construction of this project in the mount of$ 53,434.91 are Fund 412; Cotmty Water Capital Projects Cost Center 273511; Combined Water Capital Projects Project No. 70040; City / County Water Interconnect. In accordance with the Interlocal Agreement, the City will reimburse the CounLy for on?half of the costs incurred by the County to design, construct, and manage the project. ~o.~ MAY O 5 ~.. Executive Summary Accept Proposal Page 2 GROW"r!! MANAGEMENT IMPACT'.. None. ~.¢OMMENDATIONS: Staff recommends that the Board of County Commissioners, as Ex-Officio the Governing Board of the Collier County Water-Sewer District, accept the proposal from, arid allthoriz~ staff to issue a Purchase Order to Kyle COnStruction, Inc. in the amount of $$3,434.9I for the construction of the Collier County Water- Sewer District and City of Naples Water System Interconnect. PREPARED BY: Ronald F. Dillard, P.E., Project Manager Office of Capital Projects Management ~teve Camell, Director Purchasing Department Ed~/ard NT. Firm, Interim Water Director REVIEWED BY: ~~~/~ q'"; . . Ad°lro ~ CCo.~ai~ Office of Capital ProjechqVlanagement Ed II~l~-'~'~dmim ~hator Public Worts Divigon DATE: DATE: DATE: DATE: RFD:ffd ,.0 I HAY 0 51998 ..... i iI KYLE CONSTRUCTION INC. .;;'.27-A Arnold Ave · Naples FL, 33942 · Ph:643-7059 [ _'~, IG".'":.% :~"-: ...... r. '.'..'..','-~1 ~..", ,.:;." . ' i: Undefg~ufid, Utilit~ i '- ~,..,~:-:-;;:.' , .',,, :'.;'....~ April 22, 1998 .Mr. Ronald Dillard: If this contract is awarded to Kyle Construction, Inc. we would like to start the job immediately. The v, vo valve vaults are approximately one week delivery time. All other fittings are in stock with the exception ofthe water meter. The water meter is a 3-4 week delivery time frame. Kyle Construction, Inc. will purchase a spool piece the same length as the water meter so that the job can continue. When the water meter arrives, the spool will then be taken out and replaced with the water meter. Thank you for the opportunity to bid thls project. Sin...~el President ! HAY 0 5 1998 i(YLE CONSTRUCTION INC. :.£27-A Arnold Ave * Naples FL, 33942 · Ph:643-7059 * Fax' 543-4S7.: /~;' '.- ¢.-.,,,:. ,~.;, .-..,',t~'P.,,~'~- ~ ~.".'7;;A I ::.: -.: · I...Under'g'rdUn~Utillty_.- I ' ' BID SCHEDULE COLLIER COUNTY WATER-SEWER. DISTRICT AND CITY OF NAPLES WATER SYSTEM INTERCO~CTS Item Description Unit Quantity Unit Price Total Price I 16" Dia Class 51 D.I. Pipe LF 2 16" Dia Class 50 D.I. FM LF 3 12"x2' Spool Piece w;Blind Flange Each 4 12" 90 Flanged Base Elbows Each 5 16" Tapping Valve Each 6 16"MJ Sleeve Each 7 12" Gate Valve Each 8 Removable Interconnecfion A~.~embly Each 9 Valve Vault w/Access Hatches Each 10 Sidewalk Replacement SF 11 Curb Replacement LF 12 Pavement Replacement. SY 13 Concrete Slab CY 14 Mobilization,T)emobilization LS 15 M,~in_t~:~ of Traffic LS 13 $ ...... 297.33_ 16 $ 388.30 2 $ 851.56 2 $ 1166.56 1 $ 6658.66 2 $ 905.45 2 $ 1400. oo I $ 13163.60 2 $ 2795.46 205 $ 8.50 70 $ 21 .OO 16 $ 29.00 1.4 $ 3oo. OO 1 $ 3O0O.OO I $ 900.00 Total Bid Price 5!65.29 6212.80 1702.12 2333.12 6658.66 1810.90 2800.00 13163.60 5590.92 1742..50 1470.00 464.00 420.00 3000.00 HASKINS INC. 10956 Enlerpris~ Avenue · Bonila Springs, FL 34135 PH. (941) 947-1846 1..0 33 FAX (941) 947-385/ DA'I'S: APRIL 20, 1998 TO: RONALD F. DILLARD, P.E., PROJF. Cr MANAGER COLLIER COUNTY OFFICE OF CAPITAL PROJECTS BID FOR COLLIER COUTY WATER- SEWER DISTRICT AND CITY OF NAPLES WATER SYSTEM INTERCONNECTS Attach~ h~r~to pl~as~ find o~ bid for tt~ above r~fercnc, ed project. Plea~ not~ this quot~ do~ not includ~ gay provisions for r, wv~ying, gakei~ ix-m~tting, m~or ~do~ ~ ~ov~. ff~ is ~ pl~ ~ ~,~.~ ~ ~ bi~ ~ ~c. ~1 ~ ~lc ~ m~ ~c ~c ~ ~ ~c ~o~. t-hskins Inc. will not be rcspon.siblc for any damag~ done by others that rn~y be found at thc onc year fin,xl inspection. This quote is good for 30 Thaak you for the opportu~ty to bid on this project. S [',.~rcly, Pr~sitient HH:kh Attachment HAY O 5 lS98 HA$I-'INS, INC. 10956 EN'FERI'RISF, A'qEN'UE BONITA SPRINGS, FL 3~ 135 BID SCHEDULE COLLIER. COUNTY WATEK-SEWER. DISTRICT AND CITY OF NAPLES WATEK SYSTEM iNTERCONNECTS Item Description Unit Quantity Unit price Total Price 1 16" Dia Class 51 D.I. Pipe LF 2 16" Dia Class 50 D.I. FM LF 3 12'x2' Spool Piece w/Blind Flange Each 4 12" 90 Flanged Base Elbows Each 5 16" Tapping Valve Each 6 16" MJ Sleeve Each 7 12" Gate Valve Each 8 Removable Interconnection Assembly Each 9 Valve Vault w/Access Hatches Each I0 Sidewalk Replacement SF I1 Curb Replacement LF 12 Pavement Replacement.. SY 13 Concrete Slab CY 14 Mobilization/Demobilization LS 15 Maintenance of Traftlc LS 13 16 2 2 1 2 2 1 2 205 70 16 1.4 1 1 aoo.oo $ 5,200.00. 385.00 $ 6,160.00 650.00 $ 1,300.00 800.00 $ 1,600.00 8,700.00 $ $,700.00 750.00 $ 1,500.00 1,100.00 $ 2,200.00 15,775.00_ $ 15,775.00 5,750.00 $ 11,500.00 6.00 $ 1,230.00 15.00 $ 1,050.00 30.00 $ 480.00 475.00 $ 665.00 A,TOO.O0 . $ A,700.O~ 3,000.00 . $ 3,000.0~ Total Bid Price $ 65,060.00 MAY 0 5 1998 Item BID sCHEDULE COLLIER COUNTY WATER-SEWER DISTRICT AND CITY OF NAPLES WA/ER sYSTEM INTERCONNECTS Description Unit Qumtity Unit Price Total PHc~ I 16" Dia Class 51 D.I. Pipe LF 13 $ 2 16" Dia Class 50 D.I. FM LF 16 $ 3 12"x2' Spool Piece w/Blind Flange Each 2 4 12" 90 Flanged Base Elbows Each 2 $ 5 16" Tapping Valve Each 1 $ oo 6 16"MJ Sleeve Each 2 $ ~O°~:'~ 7 12" Gate Valve Each 2 $ 8 Removable Intercormeztion Assembly Each 1 $ 9 Valve Vault ,,.,./Access Hatches Each 2 $ ,5''ooc-'~--'e'~ 10 Sidewalk Replacement SF 205 $ q o..._~ 11 Curb Replacement LF 70 $ /A''-c~ 12 Pavement Replacement SY 16 $ q O~'~-'z 13 Concrete Slab CY 1.4 $ 14 Mobilization/Demobilization LS I $ 15 Maintenance of Traffic LS I $ $ /o~o°-'~ Total Bid Pfic~ 6001 SHIRLEY STREet / MAY 0 § ;S~i~ / NAPLES. FLORIDA a41oe.s2OlJ ~. 7 April 22, 1998 Ron Dillard Project Manager Office of Capilal Projects Management Collier County 3301 East Tamiami Trail Naples, FL 34112 P~: WATER SYSTEM INTERCONNECTS - NAPLES/COLLIER Dear Ron - We are pleased to quote this project for Collier County. &rtached is our bid schedule. Niether our work load or material delivery should affect the anticipated schedule listed in the request for quotation. If you have any questions please call me at 941-774-3130. Sincerely, DOUGLAS N. HIGGINS, INC. Daniel N. Higgins Project Manager Att: I HAY 0 5 1SS8 / / · ,,, L, --'""'" J BID SCHEDULE 2887 ~a~da,,,( 1'rail, ~aple~, ~lorida 34112 COLLIER COUNTY WATER-SEWER DISTRICT AND CITY OF NAPLES WATER SYSTEM INTERCONNECTS Item Description Unit Quantity Unit PHce Total Price O7 1 16"DiaClassSl D.I. Pipe LF 13 $ 450.00 S 5t850.00 2 16" Dia Class 50 D.I. FM LF 16 S 450.00 $ "/,200.00 3 12"x2' Spool Piece w/Blind Flange Each 2 $ 1,101.00 $ 2e202-00 4 12"90 Flanged Base Elbows Each 2 $_1e466-00 $ 2t932.00 5 16"Tapping Valve Each I 5; 8,658.00 S 8,658.00 6 16" MJ Sleeve Each 2 5; It102.00 $ 2t204.00 . I2" Gate Valve Each 2 $ 1,559.00 $ 3,118.00 8 Removable Interconnection Assembly Each I $~ S 13,663.00 9 Valve Vault w/Access Hatches Each 2 $_13t000-00 $ ~6,000.00 10 Sidewalk Replacement SF 205 $ 30.00 $ 6,150.00 - 11 Curb Replacement LF 70 $ 60.00 $ 4,200.00 12 Pavement Replacement SY 16 $ 210.00 $ 3,360.00 13 Concrete Slab CY 1.4 $ 500.00 _ $ '/00..00 '14 Mobilization/Demobilization LS I $ 4,.500.00 $ 4,500.00 15 Maintenance ofTraffic LS I $ 3,000.00 $ 3,000.00 Total Bid Price $ 93,737.00 EXECUTIVE SUMMARY APPROVAL OF A THIRD AMENDMENT TO LEASE AGREEMENT WITH THE COLLIER COUNTY AGRICULTURAL FAIR AND EXPOSITION, INC. (COLLIER COUNTY FAIR BOARD) ~: Approval of a Third Amendment lo Lease Agreement with the Collier County Agricultural Fair and Exposition, Inc. (Collier County Fair Board). CONSIDERATION: The Board of County Commissioners approved a Lease Agreement with Collier County Fair and Agricultural Exposition, Inc. (now referred to as Collier County Agricultural Fair and Exposition, Inc.) on November 10, 1986 for the purposes of leasing approximately 40 acres (Demised Premises) of County-owned property located on Immekalee Road near the Orangetree Development. The Lease Agreement officially commenced on January 15, 1987, and pursuant to the Lease, shall terminate on January 14, 2037. No rent is paid for use of the Demised Premises. On January 16, 1990 the Board of County Commissioners approved an Amendment to Lease Agreement adding an additional 30.96 acres to the original 40 acre Demised Premises. Pursuant to the Amendment and exhibits attached, the leased area totaled 70.96 acres. On December 18, 1990 the Board of County Commissioners approved another Amendment to Lease Agreement which allmved the Fair Board access and use of an existing lake located adjacent to the then Demised Premises. Attached as an exhibit to the Amendment was a legal description for a parcel comprised of 37.05 total acres (surveyed) replacing the original 40 acre tract (not-surveyed). The 30.96 acre tract added in January 1990 was omitted from this Amendment. In order to describe the Demised Premises as was intended, the attached Third Amendment to Lease Agreement must be approved and executed by the Fair Board and the Board of County Commissioners. The attached Third Amendment to Lease Agreement combines the 37.05 acre tract with the 30.96 acre tract added in January 1990. If the attached Third Amendment is approved, the Fair Board shall lease a total of 68.01 acres from Collier County. The Fair Board shall utilize the County-owned site in accordance with that Lease Agroement, dated November 10, 1986. The Fair Board has also agreed to erect a fence at its sole cost and expense along the West boundary of the leased property upon such time as the vacant property is developed or a use is established or until the County determines it is in the best Interest to erect said fencing to ensure adequate safety of the public. Article 17 of t;'~e Lease Agreement was therefore also amended. FISCAL IMPACT: None GROWTH MANAGEMENT: None 1~o. . II; 1) r HAY O 5 1998 . / RECOMMENDATION: That the Board of County Commissioners approve the attached Third Amendment to Lease Agreement between Collier County and the Collier County Fair and Agricultural Exposition, Inc. allowing the Fair Board to lease a total of 68.01 acres of County-owned property, for the purposes stated in the original Lea~ment. Sandra?a~l~r,~ReaI. property Ma0a"~ent Department Director Leo E. Ochs., Jr., Suppo~:Services Division Administrator Lease #653 THIRD AMENDMENT TO LEASE AGREEMENT THIS TIHRD AMENDMENT TO LEASE AGREEMENT entered into this day of .... 1998 at Naples, Collier County, Florida, by and betwt~-n the Collier County A~cul~ural Fair ~d Ex~sition, Inc., fo~erly refcn~ to u Colli~ County F~ir ~d A~cuhural Ex~sitlon, Inc., whos~ mailing addr~ is 7~1 3~ Av~ue N.E, N~ples, Florida 34120. herc~nafl~ torched to u "LESSEE", and Collier County, a ~litlcal su~Msion of the State of Flodd~ whose mailing sddrcss is 3301 ~I T~i~i Tail, Naples, Florida 34112, h~cinafl~ rcf~ed ~o u "LESSOR'. WITNESSETH WHEREAS, the LESSEE md LESSOR have pr~iously entered into a Lease A~'ecrntm dated November I0, 1986, an Amendment to Lease Agreement dated January 16, 1990. and an Amendment to Lease Agreement dated Docernb,:r 18, 1990; V,q-IEREAS, the LESSEE and LESSOR are desirous of arncndlng the Lease Agreement dated November 10, 1996, as amended; and NOW THEREFORE, in consideration of the covenants and a~rcernents provldcd within the said Lease Agreement dated November I0, 1986, the Amendment to Lease Agreement dated January 16, 1990 and the Amendment to Lease Agreement datccl December 18, 1990, snd Ten Dollars {S10.00) and other valuable consideration, thc Lcasc Ag, rcemcnt, as amcndcd, dated Novcmbcr 10, 198G is hereby amended as follows: I. ArHclc 1 and Article 17 of the Lease Agreement a~c hereby deleted in their entir~y and thc following provisions are sub~,imted in its place: ARTICLE I. D~emlsed Premises In consideration of the payment of rents, services to the community and activities provided for community use and the p~rformance of the covenants her¢in~,fier s~ forth, LESSOR hereby leases to LESSEE ~.nd LESSEE hcr~b7 leases from LESSOR the prol:~ty described in Exhibit "A" (revised), whkh is attached herc'~o ~cl m~e a p~n hereof, and hereinafl~' r~fo'red to as the "Donised Prernlses", situated in the Coun~ of Collier and the S~te of Florida, for the purpose of opcratlng a fairground facility, consistent with the North Golden Gate P.U.D. document as recorded in thc Official Records of Collier County, Official R~cord Book 1180, Pages 1561 through 1599. This purpose Is to be considered a recreational facility by Ibc Community Development Division of Collier County. ARTICLE I?, f~ener~l Ptavltlnns LESSOR and LESSEE recognize that Collier County (LESSOR) originally acquired the Demised Premises through a conveyance by thc Doveloper of the Orangetree Planned Unit Development {formally known as North Golden Gate) in accordanco with development commitments applicable thcrcio. It is furtbet recog, nlzcd that the potential always exists that the Developer of thc Orangctrcc Planned Unit Development or a third party may litigate issues rclatlng to development rights and obligations ss sci forlh in the Planned Unit Development (PUD) Document (known as thc "PUD by Settle'mint" document). It is therefore ag;reed by LESSOR and LESSEE th,,t in thc c',,~t that litigatlon is instltut¢:l in a court, of competent jurisdiction and svch Ibis, orion rcsuhs in a requirement that Collier Cou~.ty (LESSOR) reconvey the Dernised Premises to ~-::-- AG~NOA .ITEM ! MAY 0 5 the Developer, this Lease shall be terminated immediately upon such reconveyancc and LESSEE shall relinquish all rights in said Demised Premises. LESSEE agrees to creel Fcncing al its sole cost and cxpcnsc along thc Wes! boundary oFthc Demised Premises (which may includc a porlion of the Noah and South boundary) upon such time as thc ,,'acant propc~y adjacent to thc West boundary of thc Demised Premises is dc'.'clopcd or a use is established or until such dmc as the LESSOR dctcrmincs it is in thc best interests to erect said Fencing to ensure adequate safety of the public. Said fencing shall be not less than a six (6) fcct in height and shall be ora rubber coated chain link quality and ora color approved by thc LESSOR. LESSEE acknowledges and agrees to allow the LESSOR at its sole cost and expense to enhance or impro¥c any fencing erected by LESSEE in order to ensure LESSOR's operation located adjacent to t,he Demised Premises is minimally affected by any activities held by LESSEE on thc Demised Premises. LESSEE fully undcrst, ands that the police and law enforcement s~curity protection pro¥ided by law c~Forccmcnt, agencies for the above referenced Demised Pr:raises is limit,ed to that pro¥ided to any other buslncss or agency situated in Collier County, and aci',nowledgcs that any special security measures dccmcd necessary for additional protection oft,he D~liscd Premises shall be thc sole responsibility and cost of LESSEE and shall involve no cost or expcnsc to LESSOR. LESSEE expressly agrees For itself, its successor and assigns, to refrain from any usc of the Demised Prcmiscs which would interfere with or adversely affect thc operation or maintenance of LESSOR'S standard operations on adjacent property or where other operations share common Facilities under one (I) roof. LESSEE shall not commit, or allow to bc committed, any wa. sic on the Demised Premises. create or allow any nuisance on thc Demised Premises or usc or allow the Dcmised ?rcmises to bc used as any unlawful purpose. LESSOR shall not bc required to furnish the LESSEE any facilities or sen'ices of any kind v. halsocvcr during Ihe lerm of this Lease. such as. but not limited to, water, electricity, light and power, gardening and outdoor maintenance. LESSOR shall not be required to make any alterations, rcbuildings, replacements, changes, additions, improvements or repairs during t,hc said tcnn of this Lcasc. Thc LESSEE will not incur any indebtedness giving a right to a claim oFJi~n on t,hc Demised Premises or upon Iht LESSEE'S interest under the Lease. Thc existence of any such claim of lien For a period in excess oFsixty (60) days after written notice thereof to LESSEE or sixty (60) days after knowledge thcreol'by LESSEE. shall constitute a material breach of this Lease. Upon knov, ledge or notice LESSEE shall have said claim of'lien removed of record within sixty (60) days by paying or bonding same. LESSEE will cause to bc filed a Notice of Commcnccmcn! showin$ LESSOR and p~rdcs to recci,,'c notices under thc Mechanic's Lien Law. All contracts made by t,hc LESSEE For alteration, imp,,~¥cments, reconstruction or repair oft,he Demised Premises shall be a LESSEE.'S expense, and thc pro'tuct, oFthc work shall b~omc a pan or' the Demised ?rcmiscs. A lending institution or bank. authorized t,o do business in t,he State of Florida. may succeed to the rights of the LESSEE in a pledge oFcrcdit and will not constitute a default under this Lease. Upon commencement of thc Initial term oft, his Lease, LESSEE shall operate a Fairground Facility as described above on thc Demised Premises in a businesslike and r~utable manner. LESS EE coYenants and agrees not lo use, occupy, suffer or pon'nit said Demised Premises or any p~ thereof to be used or occupied for any purpose other than described able. 2. Except, as ~:xprcssly provided herein, the Lease Agrccmcn! between thc Collier County Fair and Agricultural Exposition, Inc. and Collier County dated November 10. 1986, as amended. remains in full force ~nd effect according ~o the terms and conditions contained therein, and said terms and conditions are applicable hereto except as expr~s:ly provided ot. herwisc herein. A~NOA IT£H HAY 0 5 1998 IN WITNESS WHEREOF. Iht LESSEE and LESSOR have hereto executed this Third Amendment to Lease Agreement Ihc day and ye~,r firs! above written. AS TO THE LESSEE: WITNESS (Signature) (P~n~ Name) COLLIER COUN'I~ FAIR AN~D ,,. ,.. TE~/~L'FS~)N, Prcsid¢~l" v- ~ AS TO THE LESSOR: DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS. COLLIER COU~NTY, FLORIDA BY: BAR~ARA B. BERRY, Chairman · Depuly CIc~ Approved as to t'orm and legal sufficiency:. Heidi F. Ashlon Assis~an! Counly Atlomcy PROJECT PROJECT PARCEl. HO. TM[ PARCEl. HO, LEGAL DESCRIPTION Part or' Block 489. North Golden Gate Unit 2, as recorded in Pint Book 9, P~ges 29 thro[:gh 43, Public R~rds or Collier County, Florida, dc~ri~d ~ follo~: Commence ~t ~ No~wc~t ~m~ of ~id Bl~k 4~9; ~ ~on~ no~h ~un8~ or ~;d Bilk 4~9, S SS' 0S' 24" E, 455.75 feet to Point cf Bcgim.lng; ~e~ ~ntinuc along ~id ~ ~d~. S 88'08' 24"E. 25qS.Tf I'~t; ~¢~a lcsvinE said ~ ~d~ S01'53' 16"W, IsS4.51 I~t; ~nce N88'OE'24"W, 2696.65 ~en~ N 0 t' b~ ' 16" E, 35.~ ~; ~cn~ S 88' 08' 24 "E, 240.~ ~t; t73.07 ~eet; ~cnc= N0l'5]' 16"E, 350.~ feet to ~ Point of Be~i~in~. Con~h,',3 68.01 ~s more or less. SKETCH OF LEGAL DESCRIPTION (NOT A SURVEY} POINT Of' C. OMM £ N~;:'M ~ NT KII.'I IIWCST COII.~ [11, Or It O~1;. ,lit ".'.:.~;.'.;:c'~ ' ~ - i.,4,~ II l*ll'ld'~.. J$l.ll. ?: :- SCALE: OR~N BY: CHECKED BY: FILE NO: REVISED: I~O'T 'TO HAY 0 5 1998 APPROVAl, OF BUDGET A3,IENDMENT$ BCC A~enda of Museum CIP (Fund 314) Budget Amendment No. 9g-208 ' M~scurn Capital Outlay Opcradng Expenses To~l Expenses are for crushed shell for the Museum grounds and Native Plant Garden. expense will be charged to operating expem~s rather than capital outlay. (.~A7) $447 Based on actual cost, this AG~DA ~ HAY 05'1998 BOARD OF COLTNTY COMMISSIONERS MISCELLANEOUS CORI~SPONDENCE MAY 5, 1995 FOR BOARD ACTION: Sali~facti0p of l,.ierl: NEED MOTION authorizing the Chairman to sign Satisfaction of Lien for Services of the Public Defender for Case Nos.: 91-4437-TMC, 91-1694--MMA, 88-691 -CFA, 91 - 129 I-IT, 90-1 $ 82-TM, 90-6640-TM/90-6641-TM, 88-3014-TM, 90- 4932-TM, 90-$421-TMC, 92-6939-MMA, 95-524-CFA. MAY-5 EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS AS EX- OFFICIO THE GOVERNING BODY OF THE COLLIER COUNTY WATER-SEWER DISTRICT APPROVE THE STIPULATED FINAL JUDGMENT 'RELATIVE TO THE EASEMENT ACQUISITION ON PARCEL NOS. 904A, 704B, 904B, 704C AND 904C, RICHARD L. JAEGER, TRUSTEE IN THE LAWSUIT ENTITLED COLLIER COUNTY v. [KILLIAM A. KINSLEY, et al, CASE NO. 96-.1315-CA-01-DRM- (NORTH COUNTY REGIONAL WATER TREATMENT PLANT 8-MGD WELLFIELD EXPANSION PROJECT, 70859/70828). ~7~[~.~7.II3~ That the Board of County Commissioners as ex-officio the governing body of the Collier County Water-Sewer District, approve the Stipulated Final Judgment as full and final compensation to be paid for the acquisition of a Utility Easement on Parcel No. 904A, Utility Well Site Easements on Parcel Nos. 904B and 904C, and Temporary Construction Easements from 3/1/97 to 3/1/98 on Parcel Nos. 704B and 704C for the North County Regional Water Treatment Plant 8-MGD Wellfield Expansion Project in the lawsuit entitled Collier County v. IVilliam A. Kinsley, et al., Case No. 96-1315-CA-01-DRM. CONSIDERATIONS: The Board of County Cvmmissioners, on January 9, 1996, adopted Resolution Nos. 96-13 and CWS 96-1, authorizing staff to acquire the necessary raw water well site easements in fee simple by gift, purchase or condemnation for the North County Regional Water Treatment Plant 8-MGD Expansion Project. On June 17, 1996, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of easements for the North County Regional Water Treatment Plant 8-MGD Wellfield Expansion Project. On July 5, 1996, Collier County deposited with the Registry of the Court the sum of Five Hundred Twenty-Five Dollars ($525.00) for Parcel Nos. 904A, 704B, 904B, 704C and 904C in accordance with the Stipulated Order of Taking. The County and the Respondent have entered into a Stipulated Final Judgment subject to the approval of the Board for the purpose of fully and fairly compensating the Respondent for the taking of the property for a public purpose pursuant to Chapter 73, Florida Statutes. The Stipulated Final Judgment attached as Exhibit "A" provides for the settlement of the above- referenced case as to Parcel Nos. 904A, 704B, 904B, 70412 and 904C. The Stipulated Final Judgment provides that the County pursuant to Chapter 73, Florida Statutes, pay an additional One Thousand Seven Hundred Fifty Dollars ($1,750.00) into the Registry of the Court. Staff has reviewed the County's obligations stated in the Stipulated Final Judgment and consider them to be reasonable. The Defendant recovers from Collier County the sum of One Hundred Twenty-Five Doll ($125.00) for Parcel No. 904A; Two Hundred Dollars ($200.00) for Parcel Nos. 904B and 90~ Two Hundred Dollars ($200.00) for Parcel Nos. 704B and 704C. The County and the Responder attorneys have reached an agreement as to the Respondent's reasonxble attorneys fees and cost~ the total mount of One Thousand Dollars ($1,000.00) and Six Hundred Twenty-Five Doll ($625.00) for the cost of an additional appraisal fee incurred by the Respondent. One Hum] Twenty-Five Dollars ($125.00) will be credited to Parcel No. 904A since the original Orde~ Executive Summary CC v. William A. Kinslcy, et al. Page 2 Taking deposit for Parcel No. 904A was distributed to Defendants, Olde Florida Golf Club, Inc. and OFC of Naples, Inc. for the interest they held in the property. The Stipulated Final Judgment requires the County to deposit a payment of One Thousand Seven Hundred Fifty Dollars ($1,750.00) into the Court Registry within thirty (30) days fi'om the date of the Stipulated Final Judgment, subject to the approval of the Board of County Commissioners. FISCAL IMPACT: The cost and fiscal impact is One Thousand Seven Hundred Fifty Dollars ($1,750.00) charged against Water Capital Projects Fund and Cost Center No. 412-273511-70859 and will be deposited into the Registry of the Court. GROWTH MANAGEMENT IMPACT: The project is consistent with the capital improvement element of the County's Grow'th Management Plan (CIE 859) and the subject acquisition was a requirement for the project. RECOMMENDATION: That the Board of County Commissioners, and as ex. officio the Collier County Water-Sewer District: 1. approve the Stipulated Final Judgment; and 2. approve the expenditure ofthe funds as stated; and 3. direct staffto deposit the funds into the Registry ofthe Court. Prepared by: Rod ney/C'. Wade - Assis/3ffnt County Attomey Appr[,ved by:. Adolfo A. G(gnzalez, D/~ector_..) Office of Capital Proj~ts Management Date Approved by: Ed Ilsclmer, Administrator Public Works Division Approved by: David C. Weigel ' County Attorney h'./~w/e~ ~urr~rm~/~C v. Kinfl~/Pat~ds 904A, 704B, 904B, 704C sad 904C D~te '- AGENDA iTEM MAY § 5 lgg8 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN Aa",,q3 FOR COLLIER COLINTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, and THE COLLIER COUNTY WATER- SEWER DISTRICT, Plaintiff, VS. WILLIAM A. KINSLEY, et al., Case No. 96-1315-CA-01-DRM Parcel Nos. 904A, 704B, 904B, 704C and 904C Defendants MOTION FOR STIPULATED FINAL JUDGMENT Plaintiff, and Defendant, RICHARD L. JAEGER, TRUSTEE, by and through their undersigned counsel hereby move the Court to enter the foregoing Stipulated Final Judgment as ! to Parc. :Nos. 9 ,904B, 704\C and 904C in the aboy. y.~le/53 case. . WILLIAM M. PEARSON, ESQ. Grant, Fridldn, & Pearson, P.A. 5551 Pddgewood Drive, Suite 501 Naples, FL 34108 9411514-1000 (Telephone) FL Bar No. 0521949 ATTORNEY FOR DEFENDANT, RODNEYff(WADE, ESQ. Assistant/County Attorney 330I T~&dami Trail, East Administration Bldg. 8th Floor Naples, FL 341124902 941/774-8400 (Telephone) FL Bar No. 374091 ATTORNEY FOR PLAINTIFF AGENDA ITEM. HAY 0 5 E}98 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER, COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida., and THE COLLIER COUNTY WATER- SEWER DISTRICT, Plaintiff, VS. WILLIAM A. KINSLEY, et al., Defendants Case No. 96-1315-CA-0I-DRM Parcel Nos. 904A, 704B, 904B, 7(MC and 904C STIPULATED FINAL JUDGMENT THIS CAUSE having come before the Court upon a Joint Motion made by Plaintiff and the Defendant, RICHARD L. JAEGER, TRUSTEE, by and through their undersigned counsel for entry of a Stipulated Final Judgment as to the above-styled case, and it appearing to the Court that the parties are authorized to make such motion, the Court finding that the compensation to be paid by plaintiff is the full compznsation due the Defendant, RICHARD L. JAEGER, TRUSTEE, and the Court being otherwise fully advised in thc premise thereof, it is thereupon ORDERED AND ADJUDGED that the Defendant, RICHARD L. JAEGER, TRUSTEE, have and recover from the plaintiff, COLLIER COUNTY, FLORIDA and the COUNTY WATER-SEWER DISTRICT, the sum of Five Hundred Twenty-Five ($525.00), consisting of Two Hundred Dollars ($200.00) for Parcels 904B and 904C exclusive perpetual Utility Well Site Easements; One Hundred Twenty-Five Dollars ($1 for Parcel 904A, Utility Easement; and Two Hundred Dollars ($200.00) for Parcels 704B and 704C, Temporary Construction Easements through March 31, 1998, as full payment for the property interest taken and for any other damages resulting to the remainder, if less than the entire properly was taken, and for all other damages in connection with said parcels; it is further ORDERED, 1. That the Plaintiff shall provide non-maintenance xeriscape landscaping to be constructed in and around Parcels 904B and 904C and shall be maintained by the Plaintiff. 2. All landscaping, buffeting or any otb~ improvements constructed by the Plaintiff in and around Parcels 904B and 904C shall be placed in sufficient distance from the utilities structures and facilities so that the proposed improvements do not interfere with the operation and access to and maintenance of the utility facilities located within the non-exclusive perpetual Utility Well Site Easements by the Plaintiff. 3. That the Plaintiff shall pay the Defendant's reasonable attorney's fees and costs in the total amount of One Thousand Dollars ($I,000.00). 4. That the Plaintiff shall pay the cost of an additional appraisal fee incurred by Defendant in the total amount of Six Hundred Twenty-Five Dollars ($625.00). 5. That One Hundred Twenty-Five Dollars ($125.00) will be credited to Parcel 904A since the original Order of Taking deposit for Parcel 904A was distributed to Defendants, Olde Florida Golf Club, Inc. and OFC of Naples, Inc. for the interest they held in the property. ORDERED, that the Plaintiff shall deposit an additional sum of One Thousand Seven Hundred Fitly Dollars ($1,750.00) into the Registry of this Court within 30 days from the date of Stipulated Final Judgment, subject to the approval of the Board of County....Commissioners; it is AGEN DA ITEM x further No-/-~--('~:'~ HAY 05 2 ORDERED, that the Clerk of this Court shall distribute the sum of Two Hundred Dollars ($200.00) for the non-exclusive perpetual Utility Well Site Easements taken; One Hundred Twenty-Five Dollars ($125.00) for the Utility Easement taken; Two-Hundred Dollars ($200.00) for the Temporary Construction Easements; One Thousand Dollars (51,000.00) for attorney's fees and costs, and Six Hundred Twenty-Five Dollars ($625.00) for additional appraisal costs less any amounts previously paid to the Defendant for the parcels referenced herein, to the Trust Account of Grant, Fridkin, Pearson, Athan, & Crown, P.A., c/o William M. Pearson, Esq., 5551 Ridgewood Drive, Suite 501, Naples, Florida 34105; and it is further ORDERED, that the property interest taker., as non-exclusive perpetual Utility Well-site Easements, Utility Easement and Temporary Construction Easements through March 31, 1998, being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in the Plaintiff pursuant to the Order of Taking dated June 17, 1996 and the deposit of money heretofore made, is approved, ratified and confirmed; it is further ORDERED, that this Stipulated Final Judgment is to be recorded in the Official Records of Collier County, Florida. DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this day of ,1998. DANIEL R. MONACO Circuit Cou~Judg¢ conformed copies to: William M. Pearson, Esq. Andrew I. Solis, Esq. Rodney C. Wade, Esq. Lila M. and Louis J. Carusillo, Jr. Joseph and Susan Milzman E. Weber, Legal Asst., Collier County Attorney's Office CERTIFIED COPY 1.:;ookkeeping 3 AI{F. NDA_rT£M, 1998 '. EXHIBIT "A" o~c~fPno~ o~ PRopos~ COUNTY unu~ ~A~r ' A PROPOSEO COUN~ U~LITY EASEMENT O~R. UI'OER AND ACROSS ~LL PARr OF 5EC~ON 36, TO~IP 48 SOU~. RANGE 26 fAST, C~UER COUNTY, ~ORIOA BEING MOR~ PAR~LARLY OES~IBED AS FOLLOW; ~E HORTHERLY 20.50 FEET ~ ~E 50U~EKLY 60.00 FEET OF ~E 50U~AST OUteR OF 5A;O 5EC~ON 36; ANO ~f SOU~EKLY 39.50 ~ET OF ~f fAS~RLY 170.56 FEET OF ~f 5~EAST CU~R OF SAIO SEC~ON 36. CONTAININ/ IhJgg A~ES OF L~D ~ORE OR LESS; SUB.CT1;~ EAS~TS ANO RESTR~CnONS OF RECORO. PARCEL 18 SEC~ON 36, TO.SHIP 48 SOU~, RANGE 26 EAST 2645'- ' ': , ,-60' 50U~LY 39.5' PROPO$~ ~,U.~-- ~I70.56~ 20.5' PE¢O$ED 6U.& SOUREST CORNER SEC~ON J6 A f~: C~LIER COUNTY, FLORIDA ~pro~ct: COUN~ U~ ~SEMENT ........ title: SKETCH ~ DESCRIP~OH OF PROPO~ C.U.~ P~T OF 5EC~Ott 36~ TO~SHIP 40 SOU~ R~GE 26 EAST ' dote:REUSED 12/~2/95 . .-60' SOUTHERLY 39.5' PROPOSED C.U.~.,--1'' ~I70.56-- F 20.5' PROPOSED C.U.E. EXHIBIT"A" AS A TEM~CRAKX C~c5:ua~=r[~ ~ ~ ~.A~2Z, t~O.: ?04B DES~;P~ O~ ~PORARY CO~S~UCfl~ EA~ENT A PROPOSED ~P~ARY C~S~UC~ON EASieST O~R,' UNDER ALL ~AT P~RT ~ SfC~ 36, TO.SHIP 4~ SOU~, R~ 26 ~L C~LIfR C~NT~ ~ORIOA. BEING ~E P~CU~LY DES~BED AS f~LO~:. COU~HONG AT' ~ HOR~ST C~NER ~ ~ACT Bl. UNIT 6. ~DEH CA~ ' . ESTA~S. P~T. B~'4. PA~F 9~.'~EN~ N 00'44'00' E A D[ST~CE OF 60.00 " FEET: ~EHCE~S ~g36'O0:~--E A DIST~ OF I0.00 ~ET'TO ' EEG:HHIHG OF ~E EA~NT HERE]H BEING DESk,BED: , ~ H O0'd4.'OO~:E.A.OISTANCE ~ 35.00 ": ' ~CE H'BgI6'OO~'W A OiSTANCE'~ 35.~ ~ET: ~ENCE S 00'44'00' W A DISTANCE OF 15.00 ~ET: THENCE S 89~6'00' E A DISTANCE ~ 20.00 FEET; . ~ENCE S 00'44'00' W A DISTANCE OF 20.00 FEET TO OF ~f EASEMENT H~EIH DESCRIBED; C~,T~N[N~ 0.019 OFteN ACRE O~ LANO ~O~E OR L~: S~E~r RECORD. SUE~CT r~ EA ~rS A~D fiESTR~C~ONS OF . SEC~Ot~ 36 T48S R26E ,, 8g',,'OO'W r TE~P~A"Y JS. 00 60 NOT A JURVEY t~tle: ~E~ & CES~IP~ON OF ~PORARY CONS~UC~ " .. EXHIBIT "A" ~ A ~ ~ ~0: ~208120009 SECnO~ 36, TO~IP ~ S~, RAHGE 26 EAS~ CO~ C~(~ ~O~DA, B~HG.M~ P~R~L~LY DES~I~ AS F~LO~; COU.~ENONG AT ~E HOR~ST C~N~R OF ~ACT 81, UtlIT 6. GOLOEN ESTA~S. PLAT B~K 4, PA~ 93, ~CE N 00'44'00' ~ A DISTAN~ TO ~ POrNT ~ 8~NNING ~ ~E ~A~T H~N ~IHG ~HCE S 8g~6'00' E A DISTAH~ OF ~0.~ ~ENCE N 00"44'00' .f A OIST~ ~ 20.~ ~T; ~ S ~'44'00' W A DISTAH~ ~ 20.00 ~ ~ENCE S 89'~6'00' E A DISTANCE ~ lO. O0 ~ET TO ~f POINT ~ ~EC~i 36 5 fg'16'OO'E-/ 80 10.00 S 89'~6'00'E 10.00 P.O.B. P.O.C. t/OR TH½~ST NOT A SURVEY IproJect: H.C.R.W.T.P. W~LL EX'PANS/OH 904BI title: COLLIER COUHT~. F'I.C~IOA S,;¢ETCH & DESC~IPTIOhl OF' ~'~LL EASEUENT PAG~ ! OF' 2 date: ,flJLY 25. 1995 scale: Jbo : l~ro ~':.[ J ocad:~lSj-W6 no.: 70~6 J tech: 70~6 EXHIBIT "A" trutJO: 002081200(: A PROPOSED TEMPORARY C~STRUCfl~ EASEW~T O~R, UHDER ~O ACROSS ~L ~AT PART OF SEC~ 56. TO~IP 48 $~, R~CE 26 EA~T, CO~ER COUNTY, ~ORIDA. BEING MORE PAR~LY DES~JBED AS F~LO~: COMM[NOHG AT ~E HOR~ST C~NER ~ ~ACT ~13. UNIT 6. COLDEH ESTA~S. PLAT ~OOK 4. PACE 93, ~ENCE N 00'44'00' f A DISTANCE OF 60.00 FEET; ~ENCE 5 89~6'00' E A O~ST~CE ~ 10.00 ~EET TO ~E POINT ~ BE~HNIHG OF ~f EASEMENT HEREIN BEING DES~I~ED; ~ENCE S a9~6'00' E A DIST~CE ~ I5.00 ~ENCE H ~'44'00' ~ A DISTANCE OF 55.00 FEET; ~ENCE H ~9~6'00' W A O~ST~ ~ ~5.~ ~EHCE S 00'44'00' ~ A DIST~ OF I5.~ ~EHCE ~ 8g~6'00' E A D~STANCE OF 20.~ FEET; ~ENCE S 00'44'00' W A DISTANCE OF 20.00 FEEt TO ~E POiNt OF CONTAIN~,; 0.0~9 OF ~ ACRE OF LAHD MORE OR 5ECRON 36 T48S ~MPORARY R26E - CO~SmUCflON ~ 35.00 ~ EASEMEHT b P.O.B. N~ST CORNER 112 11J NOT A SURVEY ,, C~ C~N~, ~O~DA ~ ~Sl~ ~ ,Pm title: AU~ST 3. lgg5 ~~U~OAC~' ~'- 3o' ~a~: Pmfemtanel e~l~ee~, p~nne~. & ~n4 l~7~m p ~ , , I 4 i~ × HTnT,r· ,,~- _ ~ ~ ~ ~ ~0: 00Z0812000~ ' ' O~S~IP~O~ OF p~OPOS~D h~ EA~~T 5~C~ ~6. TO~SHZP ~ S~, ~GE 26 EAST, C~ COUNt, ~O~IDA, DEING ~E PAR~LY OES~I~ED AS F~O~: CO~:ENOr~C AT ~E HOfl~ST C~NER OF ~ACT ~13. U:i[T 6, ~0~ ESTA~S, FLAT BOOK 4, PA~ 93, ~ H 00'44'00' E A DISTAH~ OF 60.00 TO ~ PO~HT ~ BE~NNING OF ~E EAS~ENT HEREIN BEING DES~I~ED: ~CE S 89~'00' E A DISTANCE ~ ~0.~ H 00'44'00' E A O~STAt~CE OF 20.00 ~ET: ~CE H ~g~'O0' W A D~STAH~ OF 20.00 ~CE S 00'44'00' W A DIST~ ~ 20.~ ~ET; ~CE S 89~6'~0' E A DISTAHCE ~ ~0.~ ~ TO ~E F~HT GF ~EC~N~NG OF T4~S NOT A SURVEY for: COLLIER COUHTY, FLOF~IDA Ipr°ject: tlUe: sKErc~ ~ D£SCRIPDOti CF ~ELL EASEUENT H.C. RAY. T.P. ~EI I EXPANS[OI,I ,date: ,JULY 25. 1995 ~cole: I' - 30'. ~:rojc':t no.: 70E6 904C