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Agenda 04/07/1998 R
COLLIER COUNTY BOARD OF COUNTY COMMISSIONER, AGENDA Tuesday, April 7, 1998 9:00 a.m. NOTICE: ALL PERSONS WISHING TO SPEAK ON A2~iY AGENDA ITEM MUST REGISTER PRIOR TO SPEAiCING. SPEAKERS MUST REGISTER WITH THE COUNTY ADMI2CtSTRATOR PR/OR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. REQUESTS TO ADDRESS THE BOARD ON SU'BJ'KCTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY ADM~I]VISTRATOR AT LEAST 1.~ DAYS PRIOR TO T]~ DATE OF THE MEETING AN]) WILL BE HEARD UNDER "PUBLIC PETITIONS". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATI2Vl RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LI2VLITED TO FIVE (5) MINUTES UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIR,~. ASSISTED LISTENING DEVICES FOR THE HEARING IMbeD ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. I. L~OCATION - Rev. Paul Jarrctt, Naples Church of Christ 2. PLEDGE OF ALLEGIA.~CE 3. APPROVAL OF AGENDA AND CONSENT AGENDA 4. APPROVAL OF MINUTES A. March 10, 1998 - Regular meefinFe B. March 17, 1998 - Regular meetln~ 5. PROCLAMATIONS AND SERVICE AWARDS A. PROCLANIATION l April 7, 1998 7. A. B. C. D. E. I) Pro~ltmatlon pro~Itlmlng April, 1998 at Conservancy Volunteer Mon~ To accepted by David ~enhclm, P~d~t ~tbw~ ~o~dL 2) P~l~aflon p~l~mln~ Ap~l, accepted by Re~nl Wi~, Sub~ce Abu~ P~ntion S~l~ln at DaSd ~w~nce Center. 3) P~l~atlon p~l~mlnng April 2, l~S ~ ~ck Bu~ Dly. To ~ ~ted by Fr~k Mlflcra, C~rdinntoFo CollieF 4) P~l~ation p~l~mlng Ap~l, tcccptcd by Ron H~cl, P~ident of Ex~utive Vice P~sident of ~ulf Co~ G~wen ~latlo~ B. SER~CE AW~S I) Howard McF~ - Pa~ & R~xtlon * 20 2) Lynn Ev~s - ~sk F1~agcment * 10 3) ~ark ~h~e - Building Renew 4) Roy ~iele - Building R~cw ~) Lynn At~nMn - Building Re~ ~ ~e Fa~il * Par~ & R~ltlon - S yea~ C. P~SENTATIONS ~PROV~ OF CLE~'S ~PORT ~N~YSIS OF C~GES TO ~SKR~S FOR CON~GENC~S. P~LIC PETITIONS ~ch~rd J. Smith, Vice P~sldent - ~lden Gate w~ver of f~ ~d deposits for di~ion~ sl~s for m~tin~ B. Mr. ~chard Mclic~ Napl~ Concefl B~d ~qu~lng a w~vcr of ~it f~ for concc~ held on Ml~h 2~, 1~8. CO~ ~I~~TOR'S ~PORT CO~UN~ DE,LOP,lENT & E~O~ENT~ SER~ PUBLIC WORX. CS PUBLIC SERVICES SUPPORT SERVICES COUNTY A.DMI3~ISTRATOR April 7, 1998 + 10. 11. F. AIRPORT AUTHORITY COUNTY ATTORI~Y'S REPORT A. An ordinance to es~hlish a ~r'~4ce charge of' Mn dolh~ (SIO.~) ~r ~ ci~ ~ flUn~ to pa~ly fund a ~ ~d o~ce M h~dle fmHy law !~ ~ff for ~t midents of Collier County. BO~ OF CO~ CO~SIO~ Appointment ~ mem~r to ~e Collier C~n~ C~e [atonement ~a~ - ~ B. Appointment of membe~ to the Ma~o hl~d B~uflflcation Ad~ Commi~ O~ER ~S CONS~ON~ O~ B. PUBLIC COMME~ ON GE~ TOPIC PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF WEM$ 12. ADVERTISED PUBLIC HEARINGS - BCC A. COI~[PREHENSrVE PLAu~ AMENDMENTS B. ZO N'I~'G AMENDMENTS C. OTHER I) CONTINUED ('NQ DATE): Creation of ~tn Impact Fee Ordinance for the hies of Capri ~d the Ochopee Fire Control DistrictL 13. BOARD OF ZONING APPEALS 14. STAFF COMMUNICATIONS 15. BOARD OF COUNTY COMMISSIONERS COMMUNICATIONS 16. CONSENT AGENDA * All ma.ers listed under this item are considered to be routine and action will be taken by one motion without ~eparale discussion of each item. If discuuion is doircd by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICT, S 1) The Board of County Commfssioner~ sl~n the partial release of lien to cc~ a ~crivener's error removing the lien against a poriion of Tract 20, Golden Gate Estates Unit 8. 3 April 7, 1998 Co Do 2) W,~ver of impact fees for ~L~ (~) ~lnile fm~ily hoam to be lmill by l~bim for llum~dty of Collier County, lac. in N~ples Manor L~kes and to fund uld w~tver~ from Affordable lJouslag Trust Fund, Fund 191. Request to approve for reeordlng the final plat of Terraclna and approval of the performance s~curtty. ~) Waiver of road Impact fees, library system impact fees, parks and recreational facility impact fee& emergency medical services system Impact fees and educational facility system impact fees for a home to be built by Richard A. and Laura L, Carleton and to fund ~tld waiver~ from Affordable ltonsing Trast Fund, F~nd 191. PUBLIC WORKS 1) Approve an Alternate Road Impact Fee Calculation for the Naples Heritage Golf and Country Club (NHGCC) Development. 2) This item hzs been deleted. 3) Recognize and appropriate current year revenue for project No. 60061 Livingston Road. 4) Authorize the redesign of Immokalee Road to pro~qde for a future Siz Lane Improvement, Project No. 69101; CIE 08. s) Approve Agreement No. 91-176.3 for Eng~neeringfEnvqronmental Services with Wilton, Miller, Barton and Peek, Inc. for the Gordon R~ver £rtenslon Basin Study, Pha~e ITt, Additional Data Collection (County Project No. 31005). ,~,pprove Amendment No. 1 to the Professional Services Agreement with Humiston & Moore Engineers for the Marco Island Segmented Breakwater Project. Approve Amendment No. 3 to the Professional Serx~ces Agreement with Humi~ton & Moore Engineers for work as~clated with the Big Marco and Capri Pus Inlet Management Plan. s) Award Work Order Number V'B-27 for Re~oratlon of Bayview Park Boat Ramp and Seawall, Project No. 80067. PUBLIC SERVICES i) Approve Summer Food Service Program Grant for Immokalee and Naples summer recreation participants. 2) Approval of a Settlement Agreement and Relette of Claims between, the County and an employee. Authorize the purchase and ins~allation of a water play area for Vineyards Park. SUPPORT SERVICES April 7, 1998 Fo I) 4) $) Approval to use State Contract with Nations Bank and authorize Chairman to ~ign purchuint card application. Recommendation to award proposai 9g-277~ for telephone ~ervlce outaourcing. Authorize the Chairman of the Board of County Commissioners to ezecute a Notice of Claim of Lien for Sanitary Sewer System Impact Fee~. Recommendation to approve · settlement in the lawsuit of Tboma~ Hit:gins v. Collier County, Case No. 95-1766-CA-01-TB. Recommendation to approve budget amendment to transfer $45,000 from reserves for contingencies to reimbursement prior year revenues. COUNTY ADMINISTRATOR 1) Budget Amendment Report BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE 1) Satisfaction 0f Iricn: NEED MOTION authorizing the Chairman to sign Satisfaction of Lien for Scr~4ces of the Public Defender for Case No~.: 85377- CJA, $.~229-CJA, 9708670-M1VL~ 9706482.M1VLA, 9700441-MM~ 9606426- MMA, 960227-CFA, 9501090-CFA, 9606949-M~,LA, 9600236-M34.A, 9507536- MMA, 9603258-MMA, 9604916-MMA, 9609934-MM.A, 9704010-MMA, 9708261-MMA, 9709354-MMA, 9608169-MMA, 9705562-M3LA, 9701016- MNLA, 9702694-MMA, 9703959-MM.A, 9700402-MMA, 9704861-MMA, 9705560--MM.A, 9704769-MMA, 9707122-MMA, 9709199-M3LA, 9704815- M3LA, 9603253-MMA, 9607410-MM.K, 9710007-MMA, 9704060-M3LA., 9705991-MM.A, 9704818-MM.A, 9601232-MMA, 9609750-MM~, 975590- MMA, 973720-MMA, 97a299-MMA, 967724-MM.A, 9510623-MMA, 967260- ~,IMA, 969457-MNLA, 97-8221-MM.A, 97-42-MM.A, 97,.442-MMA, 97-3266.. MMA, 96-1300-CFA, 96-9091-MMA, 96-9846-MMA, 96-2718-M3tA, 97-9302- MMA, 97-9443-MMA, 97-4553-M/ViA, 97-9166-MMA, 97-8321-MMA, 89-513- CFA, 97-828-MMA, 97-9440-MM.A, 96-10293-MM.A, 97-74IO-MM.A, 97-SSg4- MM.A, 97-8585-MMA, 98--305-MM.A, 97-M83-MMA, 97-9M I-M'MA, 97-7777- M~,LA, 97-9389-MMA, 96-1009-MMA, 97-2839-MM.A, 97-5579-MMA, 97- 7108-MMA, 96-10392-MMA, 97-24-MM.A, 97-~976-MMA, 97-9505-M3tA, 97- 6693--MM.A, 97..4306-MMA, 97-1819-MMA, 97-$58-CFA, 97-7910-M3q~ 97- 664-MM.A, 97-58M-MMA, 96.4438-MMA, 97-6296-MMA, 97-$177-M3L~ 97- 5954-MMA, 97-~671-MMA, 98-644-M~ 97-S876-M3~.A, 97-8091-M~tLA, 97- 8766-MMA, 97-9~49-MMA, 97-6356-MMA, 97-5388-MMA, 97-2636-M'MA, 97-1876-MMA. MISCELLANEOUS ITEMS TO FILE FOR RECQRD WITH A~?I'!ON AS DIRECTED. OTHER CONSTITUTIONAL OFFICERS 1) Recommend that the BCC serve a~ the local coordinating unit of government in the State of Florida's Department of Community Affairs' Anti-Drug Abuse Act Formula Grant Program. April 7, 1998 L COUNTY ATTORI~Y 1) Recommendation that the Board of County Commluioners approve the attached Amendment Number One to the Legal Services Agreement with C, oodlette, Coleman & Johnson, P.A. by and through Michael W. Pettlt as legal conmlta~t and, if nec_~_~ry, co-counsel of record for the County on markers as identified in the Legal Services Agreement. ' 2) Recommendation that the Board of County Commi~loners approve · Settlement Agreement and Mutual Release resolv4ng the claim of Suntrust Bank, Southwest Florida againgt Collier County and DougJas N. Higglns, Inc. Recommendation that the Board of County Commissioners acce~t a settlement proposzl in the lawmit gyled Rober~a D~.~ki e. Coll~ CounO,, Case No. 97-2612-CA-01-HDIq in the Circuit Court of the Twentieth Judicial Circult In And For Collier County, Florida and authortt, e the chairman to execute the necessary settlement documents upon review and approval by the Office of the County Attorney. J. AIRPORT AUTHORITY 17. ADJOUP~N [NQUFRFES CONCER~NING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY ADMINISTRATOR'S OFFICE AT 774.8383. April 7, 1998 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING APRIL 7~ 1998. ADD: ITEM S(DI(O: RECOMMENDATION TO APPROVE EMS DEPARTMENT PAY PLAN. (COMMISSIONER BERRY'S REQUEST). ADD: ITEM 11 (A)(1): FUNDING FOR PUBLIC GUARDIANSHIP PROGRAM FOR THE BALANCE OF FISCAL YEAR 1998. (STAFF'S REQUEST). ADD: ITEM 12(B)(I}: PETITION NO. PUD-87-$1(3), REZONE FROM "PUD" TO "PUD" - GADALETA DEVELOPMENT- HA VING THE EFFECT OF AMENDING THE GADALETA PUD IN RESPONSE TO REQUIREMENTS OF THE LAND DEVELOPMENT CODE. (CONTINUED FROM THE 3/24/98 BCC MEETING). CONTINUE: ITEM 16(B)(I) TO 4/28 MEETING: APPROVE AN ALTERNATE ROAD IMPACT FEE CALCULATION FOR THE NAPLES HERITAGE GOLF AND COUNTRY CLUB DEVELOPMENT (PETITIONER'S REQUEST). WITHDRAW: ITEM I2 (C )(1): CREATION OF AN IMPACT FEE ORDINANCE FOR THE ISLES OF CAPRI AND THE OCHOPEE FIRE CONTROL DISTRICT, g (STAFF'S REQUEST). (THIS ITEM IS SHOWN AS BEING CONTINUED WITH NO DATE). I47THDRA W: ITEM 16(D~(3}: AUTHORIZE THE BCC TO EXECUTE A NOTICE OF CLAIM OF LIEN FOR SANITARY SEWER SYSTEM IMPACT FEES (STAFF'S REQUEST). PROCLAMATION WHEREAS, The Conservancy of Southwest Florida is the region's leading non-profit environmental organization; and The Conservancy has helped protect nearly 300,000 acres of environmentally sensitive land since 1964, including Fakahatchee Strand, Belle Meade and South Golden Gate Estates; and WttEREAS, The Conservancy actively assists with state and federal land acquisitions and restoration programs in the Greater Everglades Ecosystem; and WHEREAS, The Conservancy helps shape environmental policy in South Florida by participating and monitoring more than 125 Southwest Florida environmental issues annually; and WHEREAS, WHER£4S, in addition to playing a key role in environmental a&'ocacy and protection, The Conser~'ancy operates, in support of its mission, the Naples Nature Center, Briggs Nature Center, the Wildlife Rehabilitation Center, a water quality testing lab, and the Sea Turtle Monitoring a~d Protection Project; and The Conservancy provides em, ironmental education programs reaching thoz~sancls of adults and students every year; and WttEREAS, more than 5,000 members support The Conservancy of Southwest Florida: and WItEREAS, more than 640 volunteers generously donate their time and expertise to The Conservancy of Soultn~est Florida; and WHEREAS, these V°hmteers assist' .' ' · ' "'f ' ' m the dadyfuncnonmg of The Conservancy, as museum docents,. ?nformation'de~lc.vohmteers,...~tore'sales personnel, wildlife care givers, special events volunte'~rs, dockmasterg; boat captains, Volunteer mailers, office helpers ahd horticultural axsist~ntsi and WHEREA S, loCal business professio~als, including veterinarians; ~nedical staff and business leaders:aIso ~onate tbetr ttme and se~lce~.and.~ WHEREA& in 1997,'"~'!mtetr~;do~med~te.~..45,0~.M~s to The Co~e~an~ of NO IV THERL ~ ORE, be tt proclatme~ ~ ,the. ~d of Coun~ Commtsstoners of Colher County, Florida, that the month of April, 1998 be designated as CONSERVANCY VOLUNTEER MONTH DONE AND ORDERED THIS 7th Day of April, 1998. BOARD OF COUNTY COMMISSION~ COLLIER COUNTE FLORIDA -AG, ENDA ,I~EI~ APR - 7 1998 pg. I WHEREA~, WHEREAS, WHEREAS, WHE~, ~'R 0 CLA MA TION alcohol is the third leading cause of preventable death, killing nearly I00, 000 Americans every year; and 13.8 million Americans suffer from alcohol related problems, including 8.1 million alcoholics; and 43% of Americans have been exposed to alcoholism in their families; and 13 million Americans drink heavily, which means they consume five or more drinks at a time on five or more days a month; and heavy drin.~rs are five times more likely to use illicit drugs as Americans who do not drink heavily; and nearly one.fourth of all Americans admitted to general hospitals, have alcohol problems or are undiagnosed alcoholics who are being treated for the consequences of their drinking; and WItEREAS, alcoholism $I00 WHE~, alcc NO W the American economy at least and 'and treated of Collier x private ity to join me in ' Fesearch, !fated DONE AND FLORIDA APR - 7 1998 Pg.__/ - PR OC£AMAI TION WttERE4S, teen smoking is on the rise and smoki'ng among high school seniors is at a I9- year high; and WT-IEREAS, more than 4 million kids aged 12-17 are current smokers; and 3,000 kids become regular smokers each day; and WHEREAS, the Centers for Disease Control predicts more than $ million children under age 18 alive today will die prematurely from smo~'ng-related diseases, unless current rates are reversed; and tVItEREAS, smoking-related illnesses already kill more than 400, 000 Americans each year, representing more deaths than from AIDS, alcohol, car accidents, murders. tg7-IEREAS, tVHEREAS, suicides, drugs and fires Combinedi' and many of the~e' d~alhs could be prevented; and' the children Of Collier County will no longer tolerate the tobacco industry's efforts to manipulate them into buying lethal and addictive products through in~tdious :advertising c~tmpaigns; and ..... WHEREAS, the Bodrd of countY.Commission ofC°llier County w"Ishes to stand up with the ...'.~ i~' ~ .' · '.' 2 . '. '. · .' "' ' ' · · 'r ~ " ' · · children of thts ctty'tn opposlnon to,the advertising and marketing of tobacco ... .....: .." ,'. ~ -.: ' ' : *. '; '. , '~ .. i; , · ~.. ;........- ~., ~ ~: ~, · : - ,~q~..~ , , ,. pr~ci~ to'Chttdren. - .......... '.~:: ~:9N.~,,3...'., :~ '" '~;' CounW, Fld~ ~:~ri~ 2, 1998'~ ~ell~bd as '~.::¢~:~.Lf. ~:-~, ~ <.'%: ~:...~{~,,.-,:~ AGENDAJTEh No. KICK BUTTS DA Y DONE AND ORDERED THIS 7th Day of April, 1998. APR - ? 1558 I BOARD OF COUNTY COMMISSIONERS COLLIER CO[INIT, FLORJDA PRO CLA MA TION WttEREA S, the Florida Water Wise Council, Inc., an organffation of public and private partnerships, was created in 1993 by the Florida Xeriscape Committee in order to encourage ali aspects of water conservation among producers and users and to promote and achieve sound water management practices which wiIl protect the environment; and t~7-IEREAS, with over 1 O0 volunteer members representing industries, organizations and government agencies, the Florida Water Wise Council strives to foster cooperation among diverse water-use interests, including members of the agriculture industry, the plumbing industry, utilities, developers, environmentalists, manufacturers, contractors, and educators, as well as governmental and regulatory agencies; and WtlEREAS, DT-IER EA S, the Council consistentl)'promotes water conversation by establishing educational ne~,ork& supporting research for water use efficiency, developing water wise guidelines, disseminating water conservation information, serving as a resource for the development ofstatewide partnerships, and advocating water management practices ~hich are compatible with economic growth; and · t,':~' .. '~ the Florida wa't~k~}[lire coUncil has'identified an additional opportunity to rise conservatiOi::~v~t~eneS} and has deSignated Aprll, typically the last month of Florida '$'~:$ta$Ori when water need$ are rn~s~ acute, as Florida's inaugural Wate'r Con}brvation Month to educate consumeii$ about the need for cor~em,ati~n and the wcrys in which they can"help save the state's precious water resources; and I'}7tEREAS, residential, commercial, agricultural and industrial water-users have many. wco's to save water including uhra-low-flow plumbing, periscope landscaping and the wise use oflcnvn sprinklers to help conserve water; and WHEREAS, to save water, 'much of agriculture and industry hm,e co~ed to water conserving systems fo/ irrigation; and WHEREAS, every business, 'industry and homeowner can makea difference whe;~ it comes to conserving water, 'a natural resource that i~ 'vital to ever>one. NO W THEREFORE, be tt pr.o..clcd'~, q by the Board ofCounty Commtsstoners of Colher County, Flortdd; 4htit the month of.dprE,:1998 be designated as ',.~.',',i. Ls' .;. J '. :5..i- · .~,. ,." WA TER CONSER VA TION MONTH in Collier County and urge every consumer to become more aware of the need to save our precious water supply and to take appropriate measures to conserve and protect this vital natural resource. DONE Al~'O ORDERED THIS 7th Day of April, I998. BOARD OF COUNTY COMMISSIONEI~ COLLIER COUlvT~, FLORIDA AGENDA ~TEM No. ~'*. ~. ~ APR - ? 1998 pg. ! John C. Norris District 1 Timothy L. Hancock, AICP Distdct 2 Timothy J. Constantine Distnct 3 PameLa S. Mac'Kie District 4 Ba~ara B. Berry District 5 3301 East Tamiami Trail * Naples. Florida 34112-497"7 (941) 774.8097 · Fax (941) 774-3602 March 27, 1998 Mr. J. Richard Smith, Vice President Golden Gate Estates Area Civic Association 21 Golden Gate Boulevard East Naples, FL 34120 Dear Mr. Smith: That& you reD' much for your letter of March 25, 1998, in which you are requesting a waiver of fees and deposits for directional signs for your meetings. This letter will confirm that I have taken the liberty of forwarding your letter to Bob Fernandez. County Administrator. and am requesting that he place an item on the April 7, 1998. Comsr;ission agenda, under Public Petition. for the Board's consideration. You will need to be present at that meeting to request that the Board waive the pertinent fees for signage. As my assistant mentioned to you on the telephone, the meeting begins promptly at 9:00 a.m. and Public Petitions appear as the first item on the agenda, right after the invocation and presentations. Once again, thank you for gMng me the opportunity to be of service to you and I look for~,ard to seeing you on the 7th. IfI may be of assistance to you in the furore, please contact my office. Very truly yours, Barbara B. Berry, Chairman Commissioner, District 5 BBB:sf cc: Bob Fernandez, County Administrator GOLDEN GATE ESTATES AREA March 25, 1998 CII,7C ASSOCIATION ~[:i (,:[il'~! ED Honorable Barbara Berry Collier County Commissioner 3301 Tamiami Trail East Naples, Florida 33962 Dear Commissioner Berry: The Golden Gate Estates Area Civic Association is making an application for a permit to place directional signs, in accordance with Collier County regulations, to help residents locate our monthly meetings. These signs will be placed in Collier Counly Righls of Way only one day, the da)' ofthe scheduled meeting, each month Because we believe our associauon serves a meaninl3ful public purpose, ascertaining and promoting community concerns, we would respect~lly requesl a waiver oflhe fees and deposits associated wilh our permi~ Your efforts in 1hat regard will be much appreciated. cc Linda Hartman, President O J ohn C. Norris District ~ Timothy L. Hancock, AICP District 2 Tc'n,ot~¥.! J. C,c~s~ntme D~tdcl 3 Pamela S. M~c'Ki~ Districl 4 Barbara B. Bern/ Districl 5 March 26, 1998 Mr. Richard P. Melick, Band Manager Naples Concert Band 264 Silverado Dr. Naples, FL 34119 Dear Mr. Melick: Thank you for your letter of March 18, 1998 concerning the waiver of the $105.00 permit fee for the concert an Marco Island at Mackle Park. Unfortunately, this matter did not get on the Board of Commission agenda for March 24*, but I am sending a copy of your letter to the County Administrator's Office for inclusion on the April 7'~ a;zenda. Per my secretary's conversation with you, please contact Mr. Bill Spencer in the Community Development Division, and pay the $105.00 permit fee. It is my understanding that the $105.00 will be returned to you once this matter is approved after the fact by the Board on April 7% Ai~ain. Mr. Melick, thank you for your letter. Should you have any questions or if I can be of any assistance to you, please don;,t hesitatcjo contact me. ~' :' Very truly yours, JCN:vgr cc: Robert Fernandez, County Administrator APR 7 RECEIVED MAR 19 1995 Board of County Cormissioner~64 Silverado Drive HapIcs, Florida 34119 fsi" Cs s March 18, 1998 Honorable County Commissioner John Norris 3301 East Tarniami Trail Naples, Florida 34112 Re: Naples Concert Band Dear Mr. Norris, On Sunday March 29 The Naples Concert Band will perform its eighth and final concert for the season. It will be held at 2:00 P.M. on Marco Island at Mackle Park. Attendance has been extremely small in recent years, and the NCB board of directors discussed whether the folks on Marco Island are actually interested in the concert. Wisdom dictated that the problem was that of the Band's own publicity efforts, or lack thereof. Therefore, we are presently making a concerted effort to do a better job. We have increased our newspaper and radio publicity efforts, spoken to numerous civic organization leaders, prepared and distributed a special 8 x 11 color poster, saught the assistance of the churches, and a number of other things including receiving the blessing of Chairman of the new City of Marco City Council, Harry CowSn. Our reception by community leaders has been extremely hospitable, helpful, and encoura~g. The purpose of this letter is to seek assistance of you and your coUeague county commissioners in regard to a signage tm'mit fee. We have saught a right of way permit. Ail of the proper documents have been prepared, and have the approval of Ms. Michelle Arnold and Mr. Michael Vignari in regard to code enforcement. We have discussed placement, size, color, wording, and removal, so those issues have been resolved. The permit fee is $105, including c]e~,~_c;t~ _ which we understand ,s subject to wa,ver by the County Commissionert, anF~~~..ll APR waiver is what I write to request. The Band is a nonprofit organization w/th Internal Revenue Service C. 501 (c) 3 exemption and exists for the purpose of providing, at no cost to the attendees, excellent music to the residents and visitors of Collier County, performing for and encouraging elementary and middle school children to further their participation and education in the field of music, and awarding scholarships to youths interested in Pursuing their music talents both during high school and post graduate years. Your assistance in presenting this request to the Board of County Commissioners at the March 24 meeting will be most sincerely appreciated. Thanking you in advance for your efforts, I remain with Kindest regards, Richard P. Melick Band Manager, Naples Concert Band · AGENDA ITEM TRANSMITTAL SUP,... ',;;. .. 8 Cs) (l) ~e ~t~ 4/7/98 " ~a~ ~ Dae: 4/7/98 ~PROPRIATE HEADING (CIRCLE ONE): (4) ~o~ ~f ~, '(5~ Pr~~s & Pre~n~ti~s, (6) Cle~, ~ Pu~c Per,ions, (8A) Community Develop~nt & EnMron~ Se~s, (8B) Pubr~ W~. (8C) Public Se~ces. (8D) Su~ ~s, (8~ ~n~ ~nagor, (9) A~omey, (10) ~C,·[11)~r He~gs. (13B) ~nd~ional Use, (14) BCC ~~s, (15) S~ff ~~1~, (16) C~sent Age~a R~uea~By Harold Huber Date'''~/7/9s' R~By- Date. ~sion Head Ed Ilschner Date 4/7/98 Date ~e~T~le CONSIDE~TION TO INC~SE ~E SCOPE O~ .~O~ ASSOC~D ~l~ CO~T NO. 97-2771 ' EOVAL OF NON-SPECIFICATION ~TERI~ ~0~ ~E-N~LES ~.;' Ust of Documents AttaChed 1. 2. 8/95-S13 ExeCUtive Summary (required) EXECUTIVE SUMMARY CONSIDERATION TO INCREASE THE SCOPE OF WORK ASSOCIATED WITH CONTRACT NO. 97-2771, REMOVAL OF NON-SPECIFICATION MATERIAL FROM THE NAPLES BEACH. OBJECTIVE: To consider approval of an increase to the scope of work associated with Contract No. 97-2771. CONSIDERATIONS: On February 24, 1998, the Board of County Commissioners awarded a contract for Bid No. 97-2771 to C.B.E. Trucking Company, Inc. in the amount of $99,982.00. A Notice to Proceed for the work under this contract was issued on March 16, 1998 and work is proceeding as specified in the contract. This work is based on an estimate of beach area contaminated by non-specification material placed by the original project contractor. Collier County is awaiting approval ora testing protocol necessary to indicate permit compliance and define the actual limits of beach fill area not meeting permit requirements from the Corps of Engineers (COE) and the Florida Department of Environmental Protection (FDEP). The County received a letter dated March 3, 1998 from the Mayor of the City of Naples to the Chairman of the Board of County Commissioners requesting the Board of County Commissioners consider additional areas of rock removal. In addition, at their regularly scheduled meeting on April 2, 1998, the Beach Renourishment and Maintenance Committee unanimously recommended that the Board of County Commissioners consider authorizing an increase in the scope of work to an additional amount not to exceed $350,000.00. In this regard, the additional scope of work to be considered involves screening all the beach fill from 4'~ Avenue South to 14'h Avenue South and is presented as Level of Effort 4 in the table of Work Effort presented for consideration. The staff has also been evaluating test samples taken from the native beach and the area to be cleaned up following a protocol established at the request of the permitting agencies as a basis for providing compliance with the State and Federal permits for the project. As a result, Level of Effort 2 and 3 are presented in the table below for consideration as additional work. These work effort levels do not involve cleaning the entire beach area. DESCRIPTION OF WORK EFFORT *Level of Effort I - Original scope of work included in Contract #97-2771. *Level of Effort 2 - Additional areas that exceed the maximum % rock in the native (control) beach. APR n 7 1998 Page 2 Executive Summary Naples Beach *Level of Effort 3 *Level of Effort 4 . Additional areas that exceed the maximum % rock on the dry beach and in the water at the native beach. _ Recommendation of the Beach Renourishment/Maintenance Committee. WORK EFFORTS FOR cONSIDERATION $377,255 VolumeT~o ta~ to be screened Estimate CURRENT Total Volume to be screened (c.Y.) wORK EFFORT 23,850 $99,982 WORK EFFORT 2 38,250 $150,410 To achieve compliance to the FDEP and COE permits for the beach project, County staff has worked with Coastal Engineering staff to create the Collier County Beach Restoration Testing Protocol and it has been submitted to the FDEP and the COE for their review and approval. Staff is in the process of scheduling a face-to-face meeting with permitting officials to obtain approval of a testing protocol. If staff's testing protocol recommendation is approved, level of Work Effort 2 will be required to meet permit compliance. At a meeting held on the beach on Friday, April 3 1998, Naples City Council ' and representative Joe Herms suggested that test pits be dug at the Ritz Carlton at 32"d Avenue South and the material be screened to establish a success testing protocol or beach material standard. If these results were used, a level of Work Effort 4 would be required. APR 0 7 199 Page 3 Executive Summary Naples Beach It is recommended that staff coordinate with the FDEP and the COE to quickly determine a testing protocol designed to achieve compliance with all applicable permit requirements for the beach project. It is further recommended that the Board authorize an expenditure for this project not to exceed $350,000 to enable the project to proceed up to and including level of Work Effort 4 should the approved testing protocol require this expenditure amount. Finally, it is recommended that the OCPM Director be authorized to execute field change orders with the contractor up to a maximum level of $350,000 in order to expedite and complete this work prior to turtle season. FISCAL IMPACT: Cost: Fund: Cost Center: Project Number: Not to Exceed $350,000.00; to be obligated in the Budget for FY 97/98 (195) Tourist development - 60% (I 10406) Beach Renourishment and Pass Maintenance - Category "A" (80225) Collier County Beach Restoration Approval of a budget amendment will be necessary where by funds will be transferred from Fund 195 Reserves to the appropriate expenditure category for this obligation. GROWTH MANAGEMENT IMPACT: None RECOMMENDATIONS: That the Board of County Commissioners: 1. Authorize an increase to the scope of work for Contract No. 97-2771 as described herein in an amount not to exceed $350,000.00. Authorize work to be performed 24 hours per day, 7 days per week in an effort to complete the additional work prior to May 1, 1998. 3. Approve the necessary budget amendment for this obligation. Approve the use of field change orders to Contract No. 97-2771 up to a maximum of $350,000 and require the OCPM Director to submit the Final Change Order to the Board for approval. Page 4 Executive Summary Naples Beach PREPARED BY: ~ DATE: Harold E. Huber, Project Manager III Office of Capital Projects Management REVIEWED B Ed Ilschner, Administrator Public Works Division DATE: ¢C' Beach Renourishment/Maintenance Committee Coastal Engineering Consultants, Inc. C.B.E. Trucking Company, Inc. exsum.HEH.lh.002 APR 0 7 1998 ~-!-658000 JANUARY 20, LI.".IIT OF WORK AREA APPROX. STA. l+00 TO STA. 13+00 N UMIT OF WORK AREA APPROX..'-'TA. 15-00 TO -'--FA. 16~00 NOTE: SEE SHEETS 2 THROUGH 5 FOR CROSS SECTIONS .3OO 300 0 SCALE: 1" = 600' 5OO LIMIT OF WORK AREA-------- APPROX. STA. 20-00 TO STA. 28-.00 GULF OF I CO 654000 NAPLES PIER LEGEND ffl R-00 F. DE.P. MONUMENT APPROXIMATE MEAN HIGH ~'ATER LINE LOCATED JAN. 1998 ocoooo+ GRID TICK AND STATE PI~NE COORDINATES ~ NORTH AMERICAN DATUM. 19~3/1990 ADIUSTMENT. ~IDA ~ GRID ZONE LIMIT OF WORK AREA- APPROX. STA. 42+50 TO STA. 46~-00 ~WISED, ADDENDUM NO. 1) 658000 NAPLES BEACH SURVEY BASELINE TESTING PROTOCOL RESETS --658000 EXISTING PILE CLUSTER GROIN~''¢ ~ ,~~i WORK EFFORT J2 ~'_~: · HMIT OF WORK AREA APPROX. SrA. 1+00 TO SrA. 13+00 MMIT OF WORK AREA APPROX. SrA. TO STA. 16+00 .lo.E: SEE SHEETS 2 THROUGH 6 FOR CROSS SECTIONS 6O0 300 0 60'3 _~.Aur,. 1 : 500' lIMIT OF WORK AREA APPROX. STA. 20+00 TO SrA. 28+00 GULF OF MEXICO -- 654000 El R-00 FD£P. }.IONUS!£NT APPROXD, IATE MEAN HIGH ~v&FER LIXE LOCATED JAN 1998 oooooo-- GRID TICK AND STATE PLANE COORDINATES ~ NORTH .~AIERICAN DATUM. 1983.. 1990 ~ ADJUSTMENT. FLORIDA EA~7 GRID ZOXE 5 -- EXISTING STORM;V.~?£R OU'FALL NAPLES PIER · MMIT OF WORK AREA APPROX. STA. 4~+50 TO STA. 46+00 --658000 NAPLES BF. ACH SURVEY ~<-',. BASEliNE ~ = ...-- ~ SECM£NT_~ EXC~..EDIXC CONTROL BEACH ~ CURRE'gr PROPOSED CI,EAX-'.P Li'qITE 0.84 DRY 1.30 W'ET iN./ o EXIb~'ING PILE CLUSTER GRO ~s~ooa + WORK EFFORT ~3 LIMIT OF WORK AREA- APPROX. STA. 1+00 TO STA. 13+00 LD/IT OF II'ORK ARE& APPROX. STA. 1 TO STA. IB+O0 300 0 800 SCALE: 1" = 600' NOTE: SEE SHEETS 2 THROUGH 5 FOR CROSS SECTIONS MMTr OF WORK AREA APPROX. STA. 20+00 TO SI'A. 28+00 GULF OF MEXICO n R-O0 LIMIT OF WORK AREA APPROX. STA. 42+50 TO STA. 46+00 BEACH TESTING PROqT.,COL RESETS EXISTING PILE CLUSTER GROIN 658000 WORK EFFORT ~4 LLMIT OF WORK AREA APPROX. fiTA. l'~00 TO STA. 13.-00 · , O ~ --'658000 NAPLES BEACH SURVEY BASELINE 6O0 330 0 SCALE: 1" = 600' LIMIT OF WORK AREA APPROX. STA. 15-00-- TO STA. ltl-00 NOTE: SEE SHEETS 2 THROUGH 5 FOR CROSS SECTIONS LZMIT OF WORK AREA APPROX. ETA. 20+00 TO STA. 25+00 GULF OF N CO r~ R-OO '.2_ 654000 F D.E.P. i,{ONU)4ENT APPROXIMATE 1,4EAN HICH '~'ATER LIN£ LOCATED .IAN. 1998 CRIO TqCK AND 5'TATS. PLAN&` COORDINA'~-~ NORTH AMERICAN DATUM. 1983/1990 ADJUb-T34ENT. F~ORIDA [.A~T GRID EXISTING grORRWAT£R Ob'TFALL S£CMENT$ EXCEED[N6 CONTROl. BEACH CURRENT PROPOSED CLEAN-UP tl$iIT5 PIER - LIMIT OF WORK AREA- APPROX. STA. 42+50 TO STA. 46+00 u~ o SUMMARY OF TEST PiT SAMPLING DATA CEC FILE NO. 97.001-9050 APRIL 6,1998 SCREENED BEACH (RITZ CARLTON) MONUMENT/BLOCKR.2CjA [ LOCATION*I CUMULATIVE SAMPLE % ROCK NATURAL BEACH CUMULATIVE ~AMPLE MONUMENT/BLOCK LOCATION* % ROCK 32ND AVE $. I 0.05 2 0.26 ' TEST PIT LOCATIONS: 1 = MI~¥AY BET~EEN DUNE AND MHW 2 = BETWEEN MHVV AND MLW · L.~ (4) Ap~'ov-"l of Minub..'s ~ C~ (7) Public I'¢tition.~ [-['~ (XC} Public - Steve l(ockt.3, C~nm;,ndcr (~ I)ivision I lead: Requt.'st~.4 ^$enda l~,tc: April 7, 199g O (5) l'roclamatio~, ~] (()) Clerk ["] (~A) Commtmity IX.w. & iinv. Y, vt.'~. ~ (glJ) Public Wodcs x (8D) St,pport.'k.~ic,...~ ~ (ZE) County Mana$~.'r 0 (!1}) I~CC [~ (11) ()tN.-rCon.~litt,lional ()lllcer's ~]~(I..,'{A) BZA Public l learin[.s ~.... O (14} I~CC Commmlicatiolu~ 'i)iane Ii. Fla~, Chief I.;n,crgency ~.n, ic{..~ I~.'pt. · Jr. Administn,tor St, pport Manager: i )-,tie: Ilcm Title: AI'I'R( )Vii 'fl I1'~ I';M.q I )I.:I'AR'I'MI!NT PAY I'I..AN Lisl of I)oct, mcnt.~ Attached: I, I'.'xt.'cutivc St,throaty (required) 3. 5. EXECUTIVE SUMMARY RECOMMENDATION TO APPROVE THE EMS DEPARTMENT PAY PLAN. OBJECTIVE: To obtain Board approval ofthe proposed EMS pay plan adjustments. CONSIDERATIONS: Each year the Human Resources Department compares the competitiveness of the Board's pay plan with the salary information published in the Florida League of Cities Annual Salary Survey. The League survey compares average salary ranges and actual salary averages for a large number of common position titles in counties and cities throughout the State. Staffuses this survey market data, along with local market and selected private sector wage and salary survey information to update the Agency's compensation plan to maintain market competitiveness, subject to funding availability. These adjustments are typically made in October to coincide with the annual fiscal cycle. As part of this annual review process, the Human Resources Department has identified a number of EMS pay titles that require adjustments to be brought to the pay range averages outlined in the League of Cities survey. While the entire pay plan is typically adjusted at one time, a growing number of paramedic vacancies, coupled with increasing difficulty in attracting qualified candidates for EMS positions, has caused staff'to recommend early implementation of the FY 1999 pay plan adjustments for the EMS Department. The pay plan update assigns pay ranges and titles at or below the market survey average. Staffbelieves that implementing the proposed revision to the salary plan will improve the Department's ability to compete for and retain experienced professionals and will reduce the associated operational expenses and overtime cost incurred with excessive turnover. The Collier County Productivity Committee has reviewed this plan and recommended immediate implementation. FISCAL IMPACT: The estimated cost to implement the pay plan effective April 1, 1998 is $150,700. Funds are available in Fund 490-919010-991000, EMS Reserves for Contingencies. The annualized cost to fund the plan adjustments is estimated at $275,400 and will be budgeted in Fund 490, EMS operating budget in FY 99. GROWTH MANAGEMENT: None at this time. RECOM MEN DATION: That the Board of County Commissioners approve the Collier Count)' EMS Department Pay Plan and re]ated budget amendment. PREPARED BY: '/ Steve I~,ocky, C~mande~' '~ Emergency Services Department Date: REVIEWED BY: Diane ~. F~a~, dh'i~ Emergency Services Department REVIEWED BY: Leo Ochs, Jr., Admi~s~ator Support Services Di~ion Date: IiXECUTIVE SUMMARY An ordlnauce to establiJh a service charge often dollars ($10.00) per each cl~ql case filing to partially fund a Legal Aid Office to handle family law legal issues for Indigent residents of Collier County The intended purpose of the ordinance is to provide a significant part of the annual funding necessary for the operation of a Legal Aid Office to assist indigent residents with family law CONSIDERATIONS: Previously, the Collier County Bar Association (CCBA) brought a public petition to the Board of County Commissioners to inform the Board of the need for the establishment of a Legal Aid Office to provide family law legal sexvices to indigent residents of Collier County. The Bar Association explained to the Board that the mernbers of the Bar Association had voted for a $0% dues increase to partially fund the office. The Bar Association also requested that the Board enact a service charge, allowed by Florida Law, to assist in the funding for the office. Tho Board directed that this matter be brought back to the Board with an Executive Summary on the regular agenda. This matter is appearing on the County Attorney portion of the agenda pursuant to the Board's direction and because it involves the CCBA and the potential creation, by ordinance, of the service charges permitted by Florida Statutes. The proposed ordinance is authorized by Section 28.241(1), Florida Statutes. The alternative to funding a Legal Aid Office would be to continue to rely solely on thc CCBA's attorneys' pro- bono efforts. The Bar Association's efforts are not currently able to meet the needs that exist and are not expected to be able to meet the needs that will exist in the future due to growth in the County. Failure to provide for this need results in hidden costs to thc County. Thc hidden costs include extra court time spent educating pro se litigants who may be more efficiently served by counsel, if there were a mechanism to provide counsel to them. Another consideration is the community policing budget for repeated domestic violence complaints for people who may feel stuck. !n a marriage without the means to legally end thc marriage. In 1993 there were 2718 domestic violence dispatches compared to 3474 in 1996. A decrease in these dispatches would be anticipated if irdigent individuals being abu.'~d had ,, means of obtaining legal advice. Among the conditions that exist to create the need for a Legal Aid Offi~ ar~ the growth in the County, the cutbacks in Federal funding for the Legal Services Corporation, and an increase in domestic violence incidents. Florida Rural Legal Services is another legal service provider for indigents funded l:nim~ly by the Federal gove~ranent. Florida Rural Legal Services' office in lmmok~eo lumdles legal maaers other thaa family law. All family law cases are channeled to thc Volunteer l. zwyer's Project. Florida Rural Legal Services is not in a financial its t, ervices to handle the family law cas~ without ~:litional com~ funding. They lmve, in fact, cut back thc:ir services because of federal cut-backs to th~ program. Eligibility for the services provided would be d~ermi~ed by ~g the ~ lad incxnne of thc proposed client and only indigent clients would be comi~ eligible. Indigex~'y would be determined by using the federal poverty guidelines. In order to initiate and operate thc Collier County Legal Aid Society, Inc., on ~n ~xmu~l b~'i~, the estimated budge! requirements are as follows: 1. Lawyer $30,000.00 2. Secr~ary 18,000.00 3. Employee Benefits I 1.000.00 Total Personnel Costs $59,000.00 B. Non Personnel Costs 1. Office Space $15,000.00 2. Equipment 12,500.00 3. Gffice supplies 3,200.00 4. Telephone 1,500.00 5. Insurance 1,600.00 6. Training 1,000.00 7. Dues and fees 500.00 8. Audit 1,000.00 9. Litigation 1.000.00 Total non-Personnel Costs $37,800.00 Total Anticipated Expenditures S96,800.00 Other sources of funding will be and have been actively pursued: Ao The members of the CCBA have approved and implemented a 50*4 duea ineve~e in the amount of $50.00 to partially fund the program. This flxmld reault in duea receipts of $25,000 based on 500 participating members. Grants have Foundation, Foundation. funding. been applied for fxom the American Bar Association, the Florida Bar the Young Lawyerg' Section of the Florida Bar and the Emma Lazarus The office will annually apply for all grants that could potentially p~ovide The United Way has been approached. The United Way will not eormider an organization fl~at hgs not been sep,'ing the commtmity for at least one year. As meets the eligibility criteria, an application will be ~ubmitted. 2 D. Sliding scale fees may b¢ used based on thc client's at:ility to pay. E. Donations will be sousht from th~ ~ty. An ~xmymous conm'bution of S5,000 has been pledged a:xl $500 has been r~rgived from the Collier County Medic~! Alliance. FISCAL IMPACt: There will be x~ fi~al impac~ other th~ the funds derived by the service fee charge. GROWTH MANAGE~ IMPACT: None. RECOMMENDATION: That the Board of County Commissioners consider approvsl of a ten dollar (S10.00) sm'ice charge for each civil action filed to assist in the funding ofthe Legal Aid Office. That the Board dir~-'t the Office of the County Attorney to prepar~ and advertise an ordinance establishing the service charge for the Board to consider at a futur~ public he,rig. Prepared by: Chairman Collier County Bar Association Legal Aid Office Subcommittee Date Reviewed by: Chief Assistant County Attorney Approved by: David C. Weigei, C~6~ounty ~bmey 3 ---9t Dale Da~ O 7 1998 OBJECTD,'E: To appoint 1 member representing an Alternate to fulfill the remainder of a vacant term, expiring on February 18,200 I, on the Collier County Code Enforcement Board South. CONSIDERATIONS: This 7 member board is composed of, bm not limited to, individuals representing the occupations of architect, businessman, engineer, general contractor, subcontractor and Realtor and are considered, in part, on the basis of experience or interest in the areas of the codes and ordinances to be enforced. Members are required to file a Form 1 Statement of Financial Interest each year with the Supervisor of Elections. Terms are 3 years. A list of the current membership is included in the backup. The Collier Cotmty Code Enforcement Board South has I vacancy representing an ALTERNATE category as a result of the appointment of Robert IC Lockhan as a regular member on March 3, 1998. A press release was issued and resumes were received from the following 2 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. William T. Lewis Subcontractor 4 yes none Michael R. Leigh Business 5 yes none COMMITTEE RECOMMENDATION: the Board does not accept recommendations. NONE - This is a Quasi-Judicial committee and FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPA(7][': NONE .,RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment and appoint I member to serve as an alternate member and direct the County Anomey to prepare a resolution confmning the appointment. Prepared By: Sue Filson, Administrative Assistant Board of County Commissioners Agenda Date: APRIL 7, 1998 APR - 7 lgg8 prE_CE VED MAE 2 6 1998 Board o: .,vusa.., '~.o,.qT, 3ssioners MEMORANDUM DATE: TO: FRO~I: March 25, 1998 Sue Filson. Adminis~tive Assist,~t Board of County Commissioners Michele Arnold, Interim Code Enforcement Director/~/ff/~'~,,' Code Enforcement Department RE: Candidates for Code Enforcement Board "South" The resumes for the applicants lisied below were reviewed and mee~ the Code Enforcement Board Ordinance No. 92-80, general classification requirements. Their categories are ms follows: NAME William T. Lewis lVlichael Ft. Leigh If you need fu~her assistance, please advise. CATEGORY Subcontractor Business AGENDA,~TTEM APR - 7 1998 - m Collier County Code Enforcement Board - South Name Diane Taylor 3760 Golden Gate Boulevard, East Naples, FL 34120 District: 5 Category: Civic Involvement Fgorlt Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term 353-9444 02/I 8/97 02/I 8/99 2 Years Naples, FL District: Category: Maurice DeVito 64 Chardon Place Naples, FL 34110 District: 5 Category: Police Administration Robert K. Lockhart 1361 Lake Shore Ddve Naples, FL 34103 District: 4 Category: Civil Engineer Lewis P. Oxley 14500 Tamiami Trail. E., Lot 217 Naples, FL 34114 District: 1 Category: ALTERNATE/Realtor R.hona E. Saunders 3770 Parkview Way Naples, FL 34103 District: 4 Category: Business Consultant James E. Lavinski 121 Versailles Circle Naples, FL 34112 District: 1 Category: Contractor 594-1049 02/18/01 02/I 8/97 02/18/99 2 Years 02/18/97 02/18/00 3 Yearn 262-5986 3/3/98 02/18/01 3 Yearn 775-3518 02/18/97 02/18/99 02/18/97 02/I 8/00 02/18/97 02/18/99 434-9230 732-6981 2 Yearn 3 Years 2 Years ~hur~da)., March 05,~998 ltd,rt' APR - 7 1998~ Collier County Code Enforcement Board - South Wo~ Phone Appt°d Exp. Date Term Home Phone DateRe-appr 2ndF. xpDate 2nd Term Kathryn Godfrey-Irwin 5021 Brixton Court Naples, FL 34104 District: 3 Category: Business 591-9608 03/03/98 02/18/01 3 Years 435-9074 Randy E. Merrill 5140 Cravton Place, South Naples, F'L District: 4 Category: Anomey 775-2000 02/18/97 02/18100 3 Years 649-4007 This 7 member/2 alternate member board was estabrished on December 3, 1996, by Ord. No..~6- 78, pursuant to Chapter 162 of the FL Stat. and is composed of, but not limitied to, individuals representin.~ t,qe occupations of architect, businessman, engineer, general contractor, subcontractor and Realtor and are considered, in part` on the basis of experience or interest in the areas of the codes and ordinances to be enforced. Members are required to file a Form 1 Statement of Financial Interest each year with the Supervisor of Elections. Terms are 3 years. This is a Quasi Judicial Board. FL STAT: 162 Stafjq. Linda Scllivan, Code Enforcement Director.: 403-2413 MEMORANDUM DATE: TO: FROM: RECEIVED March 23. 1998 MAR 7. 5 1~8 .,.:i: "'. ": ..... ' '"'~',a~.'"' Vine]l Hills, Electio~ Office ' 5oara of Coun::~ Covalsslone-, Sue Filson, Admi~s~five Bo~d of Co~ Co~ission~ RE: Voter Registration - Advisory Board Appointments The Boaxd of County. Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. CODE ENFORCEMENT BOARD - SOUTH COMMISSION DISTRICT William T. Lewis 3416 Caloosa Street Naples. FL 34l I2 Michael R. Leigh 361 Jung Boulevard West Naples. FL 34102 Thank you for .,.'our help. MEMORANDUM DATE: TO: FROM: March 23, 1998 Michelle Arnold, Assistant to the County Manager /.~ Sue Filson, Administrative Assi~' Board of County Commissioners /" Code Enforcement Board - South As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: William T. Lewis 3416 Caloosa Street Naples, FL 34112 Michael R. Leigh 361 Jung Boulevard West Naples. FL 34102 Please let me 'know, in writing within the 41 day time-frame, ifthe applicants are qualified to serYe as members on the board, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise, lfyou have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments AG E Up.~, ~TEH No. !U,~. APE - 7 1 98 Pg. ~ I ! RECEIVED NAPLES BAY CONSTRUCTION, INC. ~h=,,~.r~.r~ao-~=~.w~e,~ 8oara of County Comiss ]~ch ] 4, 1 Ms. Sue Filson Admini~rativc A. ssistaat, Bo~'d of County Commlssion~s 330l Tamian'ti Trail East Napl~. Horida 34112 Re: Advisory Cornminees Application for Positions Dca.r M_s. Filsork Thank you for taking time from your busy schedule to ~ whh me re~din~ the Adv/~ory Comminee Potions that I am interested in applying for. As I m~tioncd Ln our conversazion. I azn seeking a posidoa on both the Co, er Coumy Code Emeorceme~ Board - South and on ~hc Colllcr County Contractor Licensi~ Review Board. I u~lerslarg thai file Cona'actor Licensing Review Boe, rd will not be seck/n~ new members unt~ June 1998 bu:, ask that you accept this letter ~s my formaJ rcqucs: to be considered for a position ~s ~ member when applications are solicited. I have axtached a bdef summary ofmy qualifications and comend that my exped~ long term residence and wiUin~css ~o s~rve my county combine to ma~e · formidable argumen as to why I should be appointed as · rneml:~r to both the Collier County. Code Enforcement Board - South ~,d the Collier County Contractor Licensing Review Board. I~ closing. I ~in wish to thank you £ong with the Committee Members taxi Boazd of County Commissioners t'or your time ~d consideration in th~s mal~cr. I look fonva."d to ~ fi'om you soon. Sincerely, W~]~am T. L~wis Cc: BCCfile encl: 1 "Dependable, Quality Construction at Reasonable Prices William T. Lewis William L~wis started his professional career in 1977 as a licensed carpenter subcontractor after fin/shing an exmasive carpentry apprenticeship school and obtaining registered journeyman catp~ter status in the State of Florida. Continuing as a carpenter foreman for one of the largest general contractors in Naples, Bill advanced through the company to management level on large commercial projects. He also led the Tenant Improvement D/vision of the company through various commercial development structures to ach/eve design tenant space. His knowledge of working w/th owners to provide their space requirements yielded a diversified hands-on experience. Expanding his horizons, Bill accepted a pos/don as senior project manager and eventually general manager with another construction industry leader. With his direction tNs firm was responsible for most of the new co--on and facilities renovations for Barnett Bank of Naples. Bill's most recent accomplishments include numerous projec~ for Collier County Government and Collier County Public Schools. Other notable projet~ include the Gulf Coast National Bank on Pine Ridge Road, Fuller Funeral Home and the Collier County Medical Examiners Facility. AGENO.~ APR - ? f998 FL LIC. #CGC 040113 3416 Caloo~ Street. Napl~ Florida 34112 (1~41} 732-8700 MICHAEL R, LEIGH 361 Jun[ Boulevard West Naple~, Florida 34102 941.352.0277 ~Oard of Count.~ Coanfssfoners March 12, 1998 Board of County Commissioners 3301 Tamiarni Trail ~ Naples, FL. 34112 De~ Suc Filson, I am wrio~ng this lev. er in r~po~ to the notice I saw in the Naples Daily News r~orfng the vacancy of an a. ltemam on ~ Collier Cormw Code Enf~ ~ I would like to be considered for t.his posit~on I:zcau~ of'my interest in code enforcemcm. I have always wanted to serve my community, in some cai~city and this may bc th~ ide~! oppommity for mc to fulfill one of my goals, if I was selected for this position I can ~ you, The Boexcl of Commissioner~ and ~ people of Collier County, that I will carry out my duties and responsibil./ties to the best of my ability. Thank you for your consideration and feel frcc to corrtact me at my office or my rcsidencg if you have any questions, Office number 732-2284 Home numb~ 352-0277 Sincerely Michael R. Leigh No. /~. APR - ? 1998 PG. q MICHAEL R. LEIGH 361 Jung Boulevard West Naples, Florida 34102 941.352~277 S~Y Over 12 years experience in the operations of Health Care Services. Comprehensive knowledge of' environmental regulations. Detail oriented with proven ability to prioritize, administer, and delegate simultaneously. Performs effectively with deadlines and changing priorities. Ability to identify, analyze and resolve problems and issues. Excellent communication, management and organizational si&lls. QUALLF1CATIONS Management * .Manage day-so-day operations of departments; HoUSEY~EP~cL TRANSPORTATION, MAINTENANCE, GROUNDS, AND RENOVATIONS. · Supervise and schedule staff 12. · Maintain and order supplies, inventory and control. · Negotiate vendors contracts and oversee vendor activity. · Interview and review bids fi.om subcontractors. · Oversee subcontractors during renovations. , Prepare and maintain accurate records for required surveys and drills. · Ensure environmental compliance with FIRS and State of Florida license requrements, and JCAHO endorsements. · Process and assure completion ofall work orders and preventative maintenance schedules. Director of Admissions and Patient Advocate · Support and assist patients with outside issues while maintaining focus on wellness priorities. · Counsel patients and families during admission process. · Assure and advise on patient rights. · Resolve and assis~ in arty and all patients issues. · Direct or refer to outside services and cou.~eling as needed. 1;~ROFESSIONAL HISTORY 1993-l~ 1990- 1993 1987- 1990 DIRECTOR OF ENVIRONMENTAL SERVICES, THE Wf/J-OUGHS AT NAPLES, FL PATIENT ADVOCATE, 1993-1995. DIRECTOR OF ADMISSIONS, P~ HOSPrrAL, Lakeland, FL ADMISSIONS COUNS£LOR, THE CARE UNrr, Tampa, FL Professional & Personal References on Request AGENDA ~ITEM APR - ? 1998 APPOINTMENT OF MEMBER(S) TO MARCO ISLAND BEAUTI~CATION ADVISOR~ COMMITTEE "' ' " '" QB31~CTIVE: To appoint 1 At-Large member and confirm 2 members to serve 4 year terms, expiring on March I, 2002, on the Marco Island Beautification Advisory Committee. CONSID.ERATIONS: This 7 member committee advises the Board of County Commissioners on matters pertaining to the beautification and maintenance of the median strips of boulevards and certain other public areas on Marco. The Committee shall consist of 5 members which representation shall consist of 1 member being an individual in good standing with their organization and recommended for appointment by the President of each of the following Marco Island communi~' organizations: Marco Island Chamber of Commerce, Marco Island Civic Association. Marco Association of Condominiums, Marco Island Taxpayers Association, and Marco Island Woman's Club, and 2 members "At Large", not necessarily associated with any Marco Island organization. Applicants must reside within the Marco Island Beautification Taxing District. Terms are 4 years. A list of the current membership is included in the backup. The terms for JoAnne Rusitzky representing the Marco Island Taxpayers' Association; Victoria L. Williams representing the Marco Island Chamber of Commerce, and Delores Bare representing the At-Large member expired on March 1, 1998. A press release was issued and resumes were received from the following interested citizen: APPLICANT CATEGORY p!ST ELECTOR ADV. COMM. Delores (Dee) Bare At-Large I yes none Victoria L. Williams Marco Chamber 1 yes none Fa.',' R. Biles MITA COM.MITTEE RECOMMENDATION: yes EMSAC Appoint - Delores (Dee) Bare Confirm - Victoria L. Williams Confirm - Fay R. Biles FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPAq: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment; appoint I member to the At-Large category; confirm the appointments of the Marco Chamber and MITA; and, direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Agenda Date: Sue Filson, Administrative Assistant Bo~d of County Commissioners April 7, 1998 AGENDj~k ~EM No ._/[/' ' APR - 7 1998 MEMO DATE: March 25, 1998 TO: Sue Filson, Administrative Assistant Board of County Commissioners FROM: ECEIVED ~oara ot ':,Ounty Corr~iSsfOner.~ Val Prince, Engineer II Transportation Landscapegervices SUBJECT: Marco Island Beautification Advisory Committee Review As per your memo dated March 23, 1998, Landscape Services has reviewed the prOposed applicants as to their qualifications to become members of the Marco Island Beautification M.S.T.U. Advisory Committee and the following comments are offered. Applicant Comments VicLi Williams - Marco Island Chamber 1102 N. Collier Boulevard Marco Island, Fl. 34145 Ms. Williams has represented the Marco Island Chamber on the M.S.T.U. Committee before and is their recommended reappointed member. Delores (Dee) Bare 591 Seaview Court Al09 Marco Island, Fl. 34145 Ms. Bare has been on the M.S.T.U. Committee and is also on the City of M.I. Beautification Advisory Committee. Fay R. Biles - M. I. Taxpayers Association 1588 Heights Court Marco Island, Fl. 34145 Has been an active participant in Marco Island activities. As a further comment, on March 3, 1998, at the monthly Marco Island Beautification Advisory Committee Meeting, the Committee unanimously recommended for the Board to accept the above three applicants as Advisory Committee Members. Thank you for giving Landscape Services a chance to comment on the applic Committee's qualifications. Should you have any questions, feel free to call 77 cc: Edward J. Kant, P.E., Transportation Services Director APR - 7 1998 Marco Island BeautifiCation Advisory Committee l~[a m e JoAn.ne Rusitzky 881 Eubanks Court Marco Island, FL 34145 District: I Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term 12/19/89 03/01/90 Months ~2-o488 1/15/94 03/01/98 4 Years Category: Victoria L. Williams 416 Worthington Street Marco Island, FL 34145 District: 1 Category: Marco Island Chamber of Commerce Marco Island Taxpayers' Association 02/23/93 394-1494 2/15/94 Richard J. Eggers 520 S. Collier Blvd. The Chal 642-6328 Marco Island, FL 34145 District: 1 Categary: Marco Island Association of Condos 394-4564 Delores Bare 591 Seaview Court, Al09 Marco Island, FL 34145 District: 1 Category: At-Large Jane Hinler 514 Nassau Court 394-3728 Marco Island, FL 34145 District: 1 Category: Marco Island Civic Association 03101/94 1 Year 03/01/98 4 Years 02/28/95 03101/99 4 Years 05/21/96 03101198 2 Years 03/01/88 03/01/91 4 Years 2/28/95 03/01/99 4 Years Gilmore P. Scholes 1125 Strawberry Court Marco Island, FL 34145 District: 1 Category: At-Large 05/18/93 03101/97 4 Years 642-6983 3/18/97 03/01/01 4 Years Margaret A. Paulson 990 Cape Marco Drive #1001 642-5113 Marco Island, FL 34145 District: 1 Category: Marco Island Women's Club 11/14/89 03/01/91 4 Years 2/28/95 03/01/99 4 Years ~-Yedne~day, March 19, 1997 Page I of 2 Marco Island Beautification Advisory Committee N~ork Phone Apgt'd E.~. Da~e Term Name Home Phone DateRe-appt 2ndExpDate 2nd 2'erin This 7 member committee was created by Ord. No. 88-28, amended by Ord. No. 92-21 to aid and assist the Board of County Commissioners in the business affairs of the Marco Island Beautification Municipal Service Taxing Unit, and prepares and recommends an itemized budget to carry out the business of the taxing unit for each fiscal year. Five members must be members of, and recommended by the Presidents of the following organizations: Marco Island Chamber of Commerce, Marco Island Civic Association, Marco Island Taxpayer's Association, Marco Island Women's Club and Marco Island Association of Condominiums, and 2 members are N-Large, not necessarily associated with any Marco Island Organization. Terms are 4 years. Staff: Steve Fabiano, Engineer I: 774-8494 H/edne~da)', March 19, 1997 Page 2 of 2 AGENDA JETEH no./O .,~-- · APR - 7 ~998 MEMORANDUM RECEIVED ~AR ~. 5 1998 ~oar: ,2f Co:Jn~ Co~ssioners DATE: March 23, 1998 TO: FROM: Vinell Hills, Elections Office Sue Filson, Administrative Assistap~5~.-/' , Board of County Commissioners Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those li~ed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. M.I. BEAUTIFICATION ADVISORY COMMITTEE. Vicki Williams / ~ ~ a ~,.-' 1102 N. Collier Boulevard Marco Isl~d, FL 34145 COMMISSION DISTRICT Fay R. Biles 1588 Heights Court Marco Island. FL 34145 Delores (Dee) Bare 591 Seaview Court Al09 Marco Island. FL 34145 Tharff~ you for your help. AG. E N~D~A ~TEM APR - 7 MEMORANDUM DATE: TO: FROM: March 23, 199~ Val Prince, Transportation Services ~/~,,' Sue Filson, Administrative Assistag. t.,,d~J Board of County Commissioners ~ Marco Island Beautification Advisory Committee As you know, we currently have vacancies on the above-refereneed advisory committee. A press release was issued requesting citizens knterested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Vicki Williams - Marco Island Chamber 1102 N. Collier Boulevard Marco Island, FL 34145 Fay R. Biles - Marco Island Taxpayers Association 158g Heights Court Marco Island, FL 34145 Delores (Dee) Bare 591 Seaview Court Al09 Marco Island, FL 34145 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachmen~ No._/o, . APR - ? 1998 COVER: AGENDA i~j. i APR - 7 ~998 ~' HARCO I ISLAND CHAMBER. OF C,,,OMMERCE March 20, 1998 Ms. Sue Filson c/o Collier County Board of Commissioners 3301 E. Tamiami Trail Naples, FL 34112 Dear Ms. Filson, This is to verify that Vicki Williams is our Chamber of Commerce representative to the Beauti§cat~on Committee. Ms. Vtcki Williams Marco island Area Chamber of Commerce 1102 N. Collier Blvd. Marco Island, FL 34145 941- 394-7549 If I can be of any further assistance please don't hesitate to call. Kindest regards, Sandi Trapasso Riedemann Executive Director 1102 N0~h Eoliie I~l~rd Ua~ idcma, ~ 34145 .394-7549 Fax: 941-394-3061 AGENDA ZTEM No.., /0.6- APR - 7 t~98 MARCO ISLAND TAXPAYERS' ASSOCIATION (MITA) Post Office Box 1253 Marco Island, Florida, Fny R. Bil~s. Ph.D. Presiden~ (941) ~94 3089 Fax. ~me FebruaJ-y 17, 1998 TO SL~ FI~SON. CO~Y COMlVDSSION OFFICE FROM FAY R. BILES, Ph.D. KE MITA FLEPI:~SENTATIVE ON BEAUTIHCATION COMMITTEE, MARCO ISLAND Please consider this letter as my application to serve on the Marco Island Beautification Committee replacing .loazme Rusitzlcy whose term has expired. This seat is to represent the Marco Island Taxpayers' Association. It is my understanding that the new city council has appointed people to serve on their committee. The MrrA Board did not know that the o~cial Beautification Committee would continue. Am not sure what the future holds for this committee, but I will do my best to make sure the people of Marco Island are well served. Sincerely, Fav R. Biles, Ph.D. 1588 Heights Ct. Marco Island, FL 34145 AGENDA L~EM J No. /O.,~' · J I ~APR - ? 1998 February 26, I998 Collier County Co,~ismio=ers Naples, Florida Re: Beautification C~ttee Dear Collier County Co-..fssioners: Presently I am on the Marco Zala=d Beautification C.£.,~fttee and would appreciate being able to continue on *~4S County Board until the transitiou is mad~ to the City of Marco. It has been a pleasure being o= the County Board a~d Z a~preciate your confidence in me. If you would allow m~ to continue in this capacity, I would appreciate it. Thank you for your consideration. Delores (Dee) Bare 591 SeaFiew Court AI09 Marco Island, FL 34145 941-394 -4564 NO. APR - 7 1998 Pg. 591 Seavletr ¢cm~f: A109 ,~a=co Z~laz=¢t,, E"Z, 34145 APR - ? 1998 _ Pg ............ , , ii J[ Illll IIIII ................. III III1!III - -------1 8-17-1985 to present 8-15-1974 to 5-30-1985 South Seas North Condomini,-, Asaociation 59I SeaviewCourt Marco Islamd, FL 34145 Co -Manager Metropolitan School Board of Martinsville, Indiana 46151 Education 1971-1974 1975-1980 1980-1985 Teacher Assistant Principal Indiana University B.S. Elementary Education Indiana University M.S. El em~n ta ry Curricu/um Indiana University Ed.S. School A~,~ his tra tion Interest in landscaping and design. References: References will be provided u~on request. APR - ? 1998 U~ EXECUTIVE SUMMARY F lNG FOR PUBLIC GUARDIANSHIP PROGRAM FOR THE BALANCE OF FISCAL YEAR 1998. OBJECTIVE: Board approval of budget amendments and an increase in civil filing fees to fund the Public Guardianship program for the remainder of FY 98. CONSIDERATIONS: In 1997, the Board of County Commissioners amended the County Ordinance addressing the Public Guardianship Program to allow for the hiring of a single Public Guardian for Collier County. The reason this request was initially granted was uSe opportunity to save the ta~xpayers approximately $30,000 per year in expenditures. The primary funding sources for this program are civil filing fees and a corresponding match from the General Fund. In FY 97, $76,000 was spent on this program. In FY 99, we project a total expenditure of $48,000. In order to achieve this savings, Court Administration was required to contract with a local law firm to provide these services. This finn, Patrick C. Weber, Esq., P.A., is now the Public Guardian for Collier County. His contract went into effect on October 1, 1997. Due to the structure of the Public Guardianship Program, there were nine (9) existing assistant Public Guardians utilized to oversee wards of the Court. We were required, by law, to notify these individuals that they would no longer be the Guardian for the appointed ward and that they would have to perform a final accounting and billing to the Office of the Court Administrator within ninety (90) days of receipt of their letter of termination. This changeover required an overlap of sen'ices for approximately ninety (90) days. This stemmed from the legal requirements pertaining to concluding Guardianships. Because we have discharged all assistant Public Guardians and have received their final billings, we are required to pay for the serw'ices they have rendered. This has caused a depletion of the funds available in the Public Guardianship account. This is an anomaly and is not expected to occur again. Due to these unusual circumstances, an analysis of the Public Guardianship Fund (192) was undertaken to determine both the budgetary and cash requirements necessary to meet the guardianship program obligations through the remainder of FY 98. The total projected outlay for guardianship service amounts to $83,100. Funding these additional expenses will require certain budgetary adjustments (see attachment 1) including appropriation of $I2,642 in carryforward revenue, a transfer of $20,458 from Court Ser',ices Fund (681), and a $3,000 reduction in reserve for contingencies. These adjustments will increase budgeted operating expenses to $83,100 which, as noted previously, is the FY 98 projected expendia~re level for guardianship services. ,A, G EIqD A. IT, E. !~,l,,, APE 7 1998 Civil filing fee revenue has averaged approximately $I,600 per month or $19,000 annually. The analysis in Attachment 1 assumed $25,000 would be received from civil filing fees in FY 98. This revenue projection was based on an immediate increase in the civil filing fee used to fund the program from four ($4.00) dollars to six dollars and fifty cents ($6.50). GRO\~q'H NLM',/AGEMENT IMPACT: None. FISCAL LMPACT: Budgeted opera(ing expenses within the Public Guardianship Fund (192) will increase from $47,000 to $83,100. These additional operating expenses will be funded by a $3,000 decrease in budgeted reserves, appropriation of $12,642 in available carqrf'orward revenue, and appropriation cfa $20,458 transfer from Court Services Fund (681). The transfer from Court Services Fund (681) is required due to the extraordinary expenses incurred in this program in FY 98. In addition, to achieve the projected $25,000 in civil filing fees, the filing fee rate must be increased from $4 to $6.50 and will generate approximately $6,000 in additional revenue during the balance of FY 98. RECOMMENDATION: That the Board of County Commissioners: 1. direct staff and the County Attorney to prepare and advertise an amendment to the Public Guardianship Ordinance raising the civil filing fee used to fund the program from four (:5;4.00) dollars to six dollars and fifYy cents ($6.50). 2. approve the assoc'~ss,,o~,c~t~t d budget amendments. Prepared by: ~ Date: 3 Mark Middlebrook, Deputy Court Administrator March 30, 1998 APR 7 Public Guardianship Fund (192) Analysis Adopted Amended ADpro.oriation Unit ~ ~ Operating Expenses 47,000 83,100 Reserves 11,500 8,500 Total 58,500 $ 91,600 FY98 Forecast 83,100 0 $ 83,100 Reserves General Fund Match 30,000 30,000 25,000 Civil Filing Fees 30,000 30,000 25,000 Carryforward 0 12,642 12,642 Transfer Courts (681) 0 20,458 20,458 Revenue Reserve (1,500) (1,500) 0 Total 58,500 $ 91,600 $ 83,100 APR 7 19,S8 PQo ~ Date Submitted Match 10, 1998 [] (4) Ap, pioval of Minutes , [] ('~) Public Pql/,ti~ns List of Documents Attached: I. Executive Summary (required) 3. Application 5. 2. StaffReport 4. Ordinance & PUD Exhibits EXECUTIVE SUMMARY PETITION NO. PUD-87-31(3), TIMOTHY W. FERGUSON AND DOMINIC GADALETA REPRESENTING SJG LAND TRUST, REQUESTING A REZONE FROM "PUD" TO "PUD" FOR THE PLAN-NED UNIT DEVELOPMENT KNOWN AS GADALETA, HAVING THE EFFECT OF AMENDING THE GADALETA PUD IN RESPONSE TO REQLFIREMENTS OF SECTION 2.7.3.4. OF THE LAND DEVELOPMENT CODE, RESOLUTION 97-134, FOR PROPERTY LOCATED ON THE WEST SIDE OF OLD TAMIAMI TRAIL NORTH/OLD U.S. 41 NORTH (C.IL 867) AND IMMEDIATELY CONTIGUOUS THE LEE COUNTY BOUNDARY LINE 1N SECTION 10, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONTAINING 19.3 ACRES MORE OR LESS. OBJECTIVE: This petition is in response to direction by the Board of County commissioners to submit a revised PUD Planned Unit Development document and Master Plan as a result of an action pursuant to Section 2.7.3.4 of the LDC (i.e. Sunsetting Provision) CONSIDERATIONS: The property is located on the west side of Old U.S. 41 North immediately contiguous to the Lee County boundary line. The Gadaleta PUD is a mixed use PUD, which authorizes two (2) acres of C-2 Commercial type uses eighty-eight dwelling units, and a temporary golf driving range. This PUD became subject to the provisions of Section 2.7.3.4 (i.e. sunsetting) on October 30, 1996. On February 18, 1997 the BCC directed the owner/entity to submit an amended PUD by August 18, 1997. While staffre~ived a draft amendment PUD from the agent for Mr. & Mrs. Gadaleta, nevertheless, this draR was for discussion purposes only, and was not formally submitted as a petition. On September 8, 1997 staff advised the agent of perceived deficiencies in the draft PUD. On November 6, 1997 a petition for readopting a new PUD was submitted together with the required fee. The petitioner has formally protested the payment of the petition fee. The PUD was found deficient but nonetheless was scheduled for a public hearing before the CCPC on February 19, 1998. The CCPC continued their public hearing to March 5, 1998 to provide an opportunity for the petitioner to submit a PUD that was responsive to staff and EAB stipulations, and the development strategy recommended by staff. At the time of zoning re-evaluation the Gadaleta PUD retained its zoning statm as a PUD with authorization to construct eighty-eight dwelling units of which six (6) were to be affordable, two (2) acres of Commercial (C-2) and a temporary golf driving range. The reason for the six (6) affordable housing units is unknown while the temporary driving range was tied to a condition that operation as a driving range cease as soon as a public source of sewer and water facilities bee.~m~ available. ~ the logic for this condition is unknown, inasmuch, as a drivir g ran~.,~~itio~ in the agricultural district, and has traditionally in such loeatio as been d~r~xt a l~ft~e.l'z~"'/ A PRO?1998 I i IVlA/ 8 The PUD submitted with this application provid~ for eight-eight (88) dwelling units, and a two acre tract in which commercial uses are requested, some of which are mon~ intensive than the current C-2 uses that are allowed. A provision is also made to convert the commercial tract to residential at the conversion formula allowed by the density rating system of sixt~n (16) dwelling units pet acr~ or as an alternative to retain the C-2 use. The revised PUD would allow the golf driving range as a permanent use on the residential tract. The following development scenario's ar~ in the opinion of staf~technically consistent with the FLUE to the GMP, notwithstanding any actions which may be taken by the petitioner should the current level of development be reduced: Currently Approved With Proposed Literal Application of Literal Application of Density & Intensity Amendment FLUE Based on FLUE For New Density Rating application System At Time of Notwithstanding Approval ZRO 88 dwelling units 2 88 dwelling units + 83 dwelling units & 17.3 ac x 3 = 52 & acres (C-2 Comm.) up to 32 du's for up to 32 du's for up to 32 du's for Temp. Driving Range conversion or 2 acres conversion and commercial tract of Comm. And Permanent Golf permanent Golf Range Driving Range TOTAL DWELLING UNITS 120 du's 115 du's up to 84 du's The BCC has the discretion to do the following: (i) Allow the C-2, two (2) acre designation to be retained with uses limited to current C-2 zoning district uses. (ii) (iii) (iv) As an alternative use of the C-2 two (2) acre tract, allow a residential use at a density of up to 16 dwelling units per acre. Determine the number of dwelling units to be allowed on the currently designated residential tract (i.e. 17.28 acres). This number can be as high as eighty-eight (88) dwelling units as currently authorized, or as low as fif~y-three (53) dwelling units based on the density rating system as applied to 17.28 acres and current limitation of density rating system. Determine if recreational uses of the property should be allowed as a permitted use (i.e. now allowed as a temporary use). APR 0 ? 1998 2 based on the perception that the petitioner had refused to cooperate in the submission of a PUD document that was responsive to staff review, and the petitioner's claim that they were vested, and therefore, did not have to be responsive to the direction for changes to the PUD document. Following this action the petitioner advised staff of their intention to ~bmit a PUD document which would include all staffrecommended stipulations, and a format acceptable to staff. Given the restraints for time, and the advisability of BCC direction, this petition is being submitted to the Board without our full understanding of the PUD document to be submitted. ~hould there be additional deficiencies staff will verbally address them during the public hearing before the Board. Staff is of the opinion that the CC'PC would have supported the recommendations for a revised land use agenda had it not been for the petitioners representations. Staff recommendations were as follows: (i) That the provision for any commercial zoning be deleted in the event it is retained, it should only authorize C-2 uses. (ii) That a commercial conversion density of ten (10) dwelling units per acre for two (2) acres of commercial be allowed for a total number of twenty (20) dwelling units. (iii) That a total of eight-three (83) dwelling units be approved for the balance of the property (i.e. 17.28 ac.) based on the conclusion that there was no bases in fact to allow six (6) dwelling units as affordable housing. (iv) That the golf driving range and accessory and incidental golf practice facilities and related management services be approved as an alternative principal tree. (v) That all stipulations as recommended by reviewing staff'and the EAB be included in the reviaed PUD document. 64) That non-compliance with the above result in a decision to rezone all the property to a residential classification with a residential density limitation of three (3) dwelling unit per acre. FISCAL IMPACT: This petition by and of itself will have no fiscal impact on the County. However, ifthis amendment achieves its objective, the land will be developed. The mere fact that new development has been approved will result in a future fiscal impact on County public facilitie,. The County collects impact fees prior to the issuance of building permits to help off-set the impact of each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to mainta/n adopted levels of service for public facilities. In the event that imp, act fee collections are inadequate to maintain adopted levels of service, the County must provide m~pplemental funds from other revenue sources in order to build needed facilities. GROWTH MANAGEMENT IMPACT: APR 0 ? T998 GROWTH MANAGEMENT IMPACT: As recommended the land use, density and intensity of development of the subject property would be consistent with the FLLrE to the GMP. Other related consistency reviews were also found to be consistent by virtue of the way in which development conditions were addressed, and the ~rategy devised for regulating the manner of development. In view of the consistency findings staff finds that there is po negative or other adverse impact resulting from the adoption of this petition. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of the Adequate Public Facilities Orclinanee No. 90-24 at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issmmee aFplieable to this development. tlISTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission recommended that Petition PUD-87-31(3) for re-at:~roval of the Gadaleta PUD aa proposed by the petitioner be denied, and that the subject property be rezoned to the "A" Rural Agricultural zoning district. To accomplish this will require directing staff to prepare the Ordinance and set public hearing dates. :PARED NALD F. NINe, AICP ACTING CURRENT PLANNING MANAGER REVIEWED BY: VINCENT A. CAUTEP. O~ AD~S~TOR CO~~ DEV. ~ E~RO~~ PUD-87-31 (3) EX SUMMARY/md 4 DATE APR 0 ? 1998 AGENDA ITEM 7-G TO: FROM: DATE: RE: OWNER/AGENT: COLI COMMISSION DEXar o tm,rr sEaxac s StON DE~ER 5, 1997 PE~ON NO: P~-87-31 (3), G~ETA Agent: Timothy W. Ferguson 2272 Airport Road S., Suite 209 Naples, Florida 34112 and Dominie Gadaleta 572 - 10Ta Avenue N. Naples, Florida 34108 SSG Land trust 16979 Old U.S. 41 Naples, Florida 34110 Beneficiaries - William R. Shaw, Alan W. Johnson, and lames Goldies REQUESTED ACTION: This petition is in response to the requirements of Section 2.7.3.4 (Sunsetting) of the LDC, Resolution 97-134 directing that an application be filed to repeal and to adopt a new PUD for the property known as the Gadaleta PUD. GEOGRAPHIC LOCATION: The property is located on the west side of Old U.S. 41 North ~ediately contiguous to the Lee County boundary line. (See location map following page). APR 0 7 199,8 I PURPOSE~ESCRIPTION OF PROJECT: The Gadaleta PUD is a mixed use PUD, which authorizes two (2) acres of C-2 Commercial type uses, eighty-eight dwelling units, and a temporary golf driving range. This PUD became subject to the provisions of Section 2.7.3.4 (i.e. sumetting) on October 30, 1996. On February 18, 1997 the BCC directed the owner/entity to submit an amended PUD by August 18, 1997. While staff received a draft amendment PUD from the agent for Mr. & Mrs. Gadaleta, nevertheless, this draft was for discussion purposes only, and was not formally submitted as a petition. On September 8, 1997 staff advised the agent of perceived deficiencies in the draft: PUD. On November 6, 1997 a petition for readopting a new PUD was submitted together with the required fee. The petitioner has formally protested the payment of the petition fee. Prior to its "PUD" Planned Unit Development status the land area comprising the Gadaleta PUD was zoned RMF-6 (10.5 ac.), "A" rural Agricultural (6.78 ac.) and C-2 (two (2) acres). The area lies within the urban residential designated area of the FLUE, while the density rating system currently authorizes a density no greater than three (3) dwelling units per acre. At the time of zoning re-evaluation the Gadaleta PUD retained its zoning status as a PUD with authorization to construct eighty-eight dwelling units of which six (6) were to be affordable, two (2) acres of Commercial (C-2) and a temporary golf driving range. The reason for the six (6) affordable housing units is unknown while the temporary driving range was tied to a condition that operation as a driving range cease as soon as a public source of sewer and water facilities became available. Again the logic for this condition is unknown, inasmuch, as a driving range is a conditionally authorized use in the aghcultural district, and has traditionally in such locations been considered a preferred use. The PUD submitted with this application provides for eighty-eight (88) dwelling units, and a two acre tract in which commercial uses are requested, some of which are more intensive than the current C-2 uses that are allowed. A provision is also made to convert the commercial tract to residential at the conversion formula allowed by the der~ity rating system of sixteen (16) dwelling units per acre. The revised PUD would allow the golf driving range as a permanent use on the residential tract. SURROUNDING LAND USE AND ZONING: Existing: The property is currently being used as a golf driving range with attendant accessory facilities. The property is zoned PUD. Surrounding: North - East - To the north lies the area of Lee County and the Spanish Wells residential/golf course community. The contiguous land, is however, undeveloped at this point in time. 41 [. is zoned Industrial./ [ ,,,x,~/ff~ · South - To the south the land is used as a Retail Nursery, a conditionally approved use. Thc land is zon~ 'A" Rural Agricultural. West- To the west lies the development known as Sterling Oaks a mixed resid~tial community. The land is zoned PUD (Residential). GROWTH MANAGEMENT PLAN CONSISTENCY:. The property is located within the urban residential designated area on the FLUE Map. Consistency determinations are as follows: Land Use and Density Land Use: To the extent that a mixed residential development is proposed on 17.28 acres of the land area this use is consistent with the urban residential designation. Similarly, a golf driving range is an allowable use in the urban residential area, albeit through a conditional use. The Commercial tract is technically inconsistent with the FLUE, however, by specific action of the Board of County Commissioners two (2) acres of C-2 uses was approved much as would have been the case under the zoning Reevaluation Program. It is assumed that one of the purposes of the sunsetting provisions, Section 2.7.3.4 of the LDC is to re-evaluate PUD's whose land uses are no longer tectmically consistent with the FLUE except as may be provided for commercial under cfiter/a/infill determinations. Density Technically, the density is inconsistent with the provisions of the density rating system. The density rating system provides for a density not to exceed three (3) dwelling units per acre. The current PUD allows eighty-eight (88) dwelling units of which six (6) were to be affordable. The original zoning of the property prior to Ordinance 88-50 which rezoned the property to "PUD", was RMF-6 on 10.5 acres, and "A" on 6.78 acres. These districts would have cumulatively allowed eighty-three (83) dwelling units (i.e. 10.5 x 6 + 6.78 x 3). Under the ZRO program the approved PUD development strategy (i.e. 88 du's + temp. golf driving range + 2 acres of commercial) was detemained acceptable based on compatibility criteria, and subsequent BCC decision to restore the two (2) acre commercial site due to an omission to an earlier amendment to the Gadaleta PUD. The density rating w/stem currently still provides that inconsistent commercial zoning may be converted to residential for residential density not to exceed sixteen (16) dwelling units per acre. The conversion density plus the original entitlement would produce a density of one hundred and fifteen (115) dwelling units for a density of 5.96 dwelling units per acre. In view of the ZRO action we have to conclude that the initially approved eighty, eight (88) dwelling units is consistent with the FLUE without prejudice to the BCC's ability to modify this level of development as a function of an action pursuant provisions). Additionally, the BCC may act as it chc apply to the two (2) acre commercial tract. As a result, the following development scenario's are in the opinion of staff technically consistent with the FLUE to the GMP, notwithstanding any actions which may be taken by the petitioner should the current level of development be reduced: Currently Approved With Proposed Literal Application of: Literal Application of Density & Intensity Amendment FLUE Based on FLUE For New Density Rating application System At Time of Notwithstanding Approval ZRO 88 dwelling units 2 88 dwelling units + 83 dwelling units & 17.3 ac x 3--52 & acres (C-2 Comm.) 32 du's for 32 du's for up to 32 du's for Temp. Driving Range conversion or 2 acres conversion and commercial tract of Comm. And Permanent Golf permanent Golf Range Driving Range TOTAL DWELLING UNITS 120 du's 115 du's up to 84 du's Commercial Intensity - The commercial uses proposed by the revised PUD exceed those currently authorized under the C-2 zoning classification, and therefore are inconsistent with provisions of the FLUE that deal with non-conforming or inconsistent commercial zoning. The existing ZRO approved C-2 zoning is also technically inconsistent with the FLUE, and does not qualify for commercial zoning under commercial in-fill or under criteria. T(~E - The AADT resulting from any of the development scenarios, will not exceed the significance test (5% of the LOS "C" design capacity) on Old US-41 within the project's radius of development influence (1LDI). As a result, this petition is consistent with Policies 5.1 and 5.2 of the Traffic Circulation Element (TCE). The TCE lists Old US41 as a 2 lane road fi'onting the project. The current traffic count for this segment is 9,415 AADT which results in LOS "C" operation. It should be noted that the level of service on this segment is not projected to fall below it's adopted LOS "D" standard within the next five years. As a result, no mad improvements to this segment are required in order to meet concurrency requirements. Since this petition will not lower the level of service, it complies with Policies 1.3 and 1.4 of the TCE and is therefore consistent with the GMP. Recreation ~O~en Space: This element has application only with respect to policies relative to e,~b~ancing the amount of open space on a project by project bas~ as required by provisions of the Land Development Code. The LDC requires mixed use projects to provide thirty (3( percent of its area to be allocated for purposes qualifying as open sP~ble to~ projects which do not have jurisdictional wetlands (i.e. [Presdl~ee~l~ .~l~z~i. 'fled qn the provisions of the LDC where the PUD lacks the definition to show consistency with "open space" preservation or enhancement features. This provision in such cases is therefore involved at subsequent development approval actions such as platting or site development applications. The provision of recreation services is generally a County responsibility which is given geographic specificity on the bases of identified needs, and available monies from impact fees. .C. 0nservation And coastal Management Element: Provisions contained within the development commitments section of the PUD ensure that the CCME policies will be achieved at the time of subsequent development approval actions. Water, Sewer and Storm Water Mar!agement: Appropriate stipulations have been crafted and included with.in the PUD requiring development (except for interim land uses) to connect to the County's sewer and water system. The project will be designed according to LDC requirements for storm water management. During the site development plan approval process the project will be required to be consistent with all relevant provisions of the LDC. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. EVALUATION FOR ENVIRONMENTAL, TRANSPORTA~ON AND INFRASTRUCTURE: The subject petition has been reviewed by the appropriate staff responsible for oversight related to the above referenced areas of critical concern. This primarily includes a review by the Community Development environmental and engineering staff, and the Transportation See,4ces Department staff. This petition was administratively reviewed on behalf of the EAB. Recommendations are included in the Development commitments section of the PUD that pertains to those jurisdictions staff recommendations required to assure that development as it proceeds will be consistent with applicable LDC requirements. ~ANALYSIS/EVALUATIONS. This petition is in response to the requirements of Section 2.7.3.4 (Sunsetting) wherein the BCC directed the owner entity of the subject property to file a petition to ar, lend the development order (Gadaleta PUD, Ordinance No. 88-50 as amended) within six (6) months of the date the Section 2.7.3.4 action came before the BCC. Although this takes the form ora rezone from "PUD" to "PUD" we do not technJ, cally consider this to be a rezoning action, and therefore the rezones and standard rezones were not made, inasmuc PUD zoning actions. findings for PUD / havdbeen.~art of the ori~nal~ ! The action to require the owner entity to file a petition to update the Gadaleta PUD was based on the finding that the current PUD regulations were substantially deficient in providing development regulations reflecting current LDC requirements and to provide an opportunity to review the authorized land uses and their density and intensity relationships. Notwithstanding the decision to retain the originally authorized development strategy under ZRO procedures, and the corrective decision of the BCC regarding a two (2) acre C-2 tract, the amount of residential development (i.e. 88 dwelling units), and the commercial tract are technically inconsistent with requirements of the FLUE. As indicated under the discussion of consistency with the FLUE to the GMP, the BCC has the discretion to do the following: (i) Allow the C-2, two (2) acre designation to be retained or require its deletion. (ii) Allow an alternative use of the C-2, two (2) acre tract for residential use at a density of up to 16 dwelling units per acre. (iii) Determine the number of units to be allowed if it is decided to allow an either or development scenario of the C-2, 2 acre parcel. (iv) Determine the number of dwelling units to be allowed on the currently designated residential tract (i.e. 17.28 acres). This number can be as high as eight-eight (88) dwelling units as currently authorized, or as low as fifty-three (53) dwelling units based on the density rating system as applied to 17.28 acres and current limitation of density rating system. (v) Determine if recreational uses of the property should be allowed as a permitted use (i.e. now allowed as a temporary use). The relationship of the Gadaleta PUD to nearby housing developments advises that a portion of the Sterling Oaks PUD is being developed with two-family housing contiguous to the Gadaleta PUD. Given the fact that this property is platted (i.e. Wildcat Cove) we can determine the density that will come about on the platted acreage, which we estimate to be 8.5 dwelling units per acre. The Arbor Lake PUD, immediately south of the Gadaleta PUD is approved for 6.,48 dwelling units per acre, while further south at the MeadowBrook Estates PUD a residential project is under development at 8.95 dwelling units per acre. We do not know what type of housing is to be eonsmicted on the portion of Spanish Wells in Lee County which is currently vacant. Spanish Wells is a mixed residential community, and given the location of the vacant property and nearby land use characteristics a multiple family product is the most likely market response to the vacant land lying north of the Gadaleta PUD. Given these land use relationships it is apparent that the actual density of housing within the near environs of the Gadaleta PUD are not dissimilar to that which is being requested (i.e. 5 alu'a/ac, or 6.2 du's/ac, with commercial conversion). One method for determining an equitable solution would 4 to authorization, namely, eighty-eight (88) dwelling units, aid two'l"l'J"tfites of C[2 ~tlsq!erm'-'aFljj~, i ~ APR071998 [ _ but to require the optional use of the C-2 tract for residential purposes be limited to ten (10) dwelling units per acre for which there is some precedent, thereby, allowing 105 dwelling units on the 19.3 acres of land (i.e. 5.6 du's/ac.). The petitioners request to allow a golf driving range as a permanent optional use of the property is seen as having no negative effect on the area, and indeed in some respects is probably a preferred use. Staff does not find any of the land uses incompatible with adjacent properties and opines that this extends to the matter of density. Nevertheless, one must appreciate that the objective of Section 2.7.3.4 (i.e. Sunsetting Process) was to re-evaluate PUD zoning approvals, as a consequence of their inactivity for a period of five (5) years, for the purpose of providing an opportunity to address land uses which are inconsistent or otherwise inconsistent with current LDC requirements. The land use inconsistency is the commercial tract. The PUD provides for its retention and leaves to the discretion of the owner whether or not they wish to convert this land to residential uses at sixteen (16) dwelling units per acre, the maximum allowed by the density rating system. Technically, the current authorized density is inconsistent at 5.08 dwelling units per acre, not withstanding its ZRO approval for retention. In this regard it is worth noting that the approved density is similar to densities allowed on nearby properties. The revised PUD references the land Development Code for application of all development standards as they apply to the type of housing to be constructed, and the way the land is to be developed (i.e. fee simple lots/tracts or condominium plat). STAFF RECOMMENDATION: That the Collier County Planning commission recommend conditional approval of Petition PUD-87- 31(3) being a petition to amend the Gadaleta PUD by replacing same with a new PUD. Conditions for approval are as follows: (i) That thc provision for any commercial zoning be deleted. (ii) That a commercial conversion density of ten (10) dwelling units per acre for two (2) acres of commercial be allowed for a total number of twenty (20) dwelling units. (iii) That a total of eight-three (83) dwelling units be approved for the balance of the property (i.e. 17.28 ac.) based on the conclusion that there was no bases in fact to allow six (6) dwelling units as affordable housing. (iv) That a golf driving range and accessory and incidental golf practice facilities and related management services be approved as an alternative principal use. 7 APR 0 7 1998 CHIEF PLANNER REVIEWED BY: kO/~aT ~. mm~, A~Ce ~ PLANNING MANAGER DONALD W. ARNOLD, AICP p/II~G SERVICES/~PARTMENT DIRECTOR .~' ~ALrrERO, AICP, AD~'ISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. Pc-tition Number PUD-87-31(3) Staff'Report for January 15, 1998 CCPC m~dng. DATE DATE DATE DATE COLLIER COUNTY PLANNING COMMISSION: MICHAEL A. DAVIS, CHAIRMAN PUD-g7-31(3) STAFF REPORT/md Addendum To Staff Report - Petition No. PUD-87-31(3) Agenda Item 7-G From: Ronald Nino This office has been working with the petitioners agent for some six (6) months more or less. We have been unsuccessful in our attempt to have a PUD document cra~ed in a manner that includes our recommendations for a modified development and to include all staff and EAB development stipulations. The owner through their agent contend that they are vested from any changes, and the only matter up for discussion is to address those changes which do not diminish their ability to construct eighty- eight (88) dwelling units, and to utilize a two (2) acre area for C-2 commercial uses. Specifically their petition as represented by the revised PUD requests the ability, at their discretion to either develop the commercial tract with uses that in some cases exceed to-days C-2 permitted uses, or convert the commercial zoning to a residential development equivalent to thirty-two (32) dwelling units. Additionally use changes provide for expanded recreational uses also as an alternative form of development. The current PUD permits a golf driving range as a temporary use until sewer and water is available to the site. Development Stipulations - Recommended development stipulations were sent to the agent on December 15, 1997 (see attached) for inclusion in the PUD, and to provide information necessary to complete environmental stipulations. To this date none of these requirements have been satisfied. Revised Staff Recommendations: That the Collier County Planning Commission recommend conditional approval of Petition PUD- 87-3l(3) being a petition to amend the Gadaleta PUD by replacing same with a new PUD. Conditions for approval are as follows: (i) That the provision for any commercial zoning be deleted in the event it is retained it should only authorize C-2 uses. (ii) That a commercial conversion density of ten (10) dwelling units per acre for two (2) acres of commercial be allowed for a total number of twenty (20) dwelling units. (iii) (iv) (v) That a total of eight-three (83) dwelling units be approved for the balance of the property (i.e. 17.28 ac.) based on the conclusion that there was no bases in fact to allow six (6) dwelling units as affordable housing. That the golf driving range and accessory and incidental golf practice facilities and related management services be approved as an alternative principal use. That all stipulations'as recommended by reviewing staff and the EAB be included in the revised PUD document. That non-compliance with the above result in a decision to rezone all the property to a residential classification with a residential density limitation of three (3) dwelling units per acre. PUD-87-31(3) ADDENDUM/md 2 APR 0 7 1998 PETITION NUMBER DATE APPLICATION FOR PUBLIC HEARING FOR PUD SUNSET REVIEW COMMUNITY DEVELOPMENT DIVISION PLANNING SERVICES' 1. Nam~ of Applicant: (a) The applicant is SJG Land Trust and the beneficiaries are William R. Sh~w, Allan W. Johnson. and Janes M. Goldie. 2. Na~ne of .Agent: Timothy W. Ferguson Firm: Timothy W. Ferguson, P.A. Agent's Mailing Address~ 2272 Airport Road South Ste. 1209 Naples, Florida 34112 Telephone Number: Business: 941-774-4411 PUD ORDINANCE NAME AND NUMBER: GADALETA P.U.D. 88-50/AMEND 89-84/AMEND 97-7 4. DETAILED LEGAL DESCRIPTION OF THE PROPERTY COVERED BY THE APPLICATION: The subject property is approximately 19.3 acres and is described ass The North 1/2 of the North 1/2 of the North 1/2 of the North East 1/4 of Section 10, Township 48 South, Range 25 East, lying West of Old U.S. 41, Collier County, Florida; and The North 200 Feet of the South 1/2 of the North 1/2 of the North 1/2 of the North East 1/4 of Section 10, Township 48 South, Range 15 East, lying West of Old U.S. 41, Collier County, Florida. Address of location of subject property: 16979 Old u.s. 41 Naples, Florida 34110 6. Does property owner own.contiguous property to property? NO 7. TTPE OF ~4ENDMENT: SITNSET REVIEW OF EXISTING PUD the subject 8. DOES AMENDMENT COMPLY WIT~ THE COMPREheNSIVE PLAN: The subject property is in compliance with the CCCP in respect to its residential component but is not in compliance with its commercial component. However, this property was held to be exempt from the CCCP when evaluated by the Co%nty ZRO ordinance. Furthermore, the commercial portion of the PUD is vested because it was improved and has been in use in a commercial manner since the original PUD, was approved. 9. HAS A PUBLIC HEARING BEEN HELD ON THIS PROPERTY WITHIN THE LAST YEAR? IF SO, IN WHOSE NAME? YES, GADALETA PETITION #PUD-87-31 (3) DATE: JANUARY 28, 1997 10.(a) HAS'ANY PORTION OF THE PUD BEEN SOLD AND/OR DEVELOPED? No (b) ARE ANy CHANGES PROPOSED FOR THE AREA SOLD AND/OR' DEVELOPED? NO. We, being first dully sworn, depose and say that we are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, and all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We understand this application must be completed and accurate before a hearing can be advertised. We further permit the undersigned to act as our representative in any matters regarding this Petition. NOTE: SIGNATURES OF ALL OWNERS ARE MANDATORY. SIGNATURE OF ~tate of Florida SIGNATURE OF OWNER SIGNATURE OF/AGENT County of Collier ~e~ The foregoing Application ~ow~~fo ~ day of ~ 199~____ by was ac as identification and who ~ (did not) take an oath. (STgna=ure of NOtary Pubic) NOTARY PUBLIC C~ssion # My Commission Expires: PUD\DO APPLICATION/md/4128 APR 0 ? 1998 i, James G. Goldie, Presiden~ of North Naples Golf Range Inc. being duly sworn, depose and say that I, as President of the above referenced corporation, do have the power and authority to act a, owner of the property described in the Gadaleta PUD and which is the subject matter of a proposed hearing; that all the answers to the questions in any application pursuant to the Gadaleta PUD, and all sketches, data and other su matter attached to an m-a~ ...... ~ .... p~lementary d ..... ~ ~ w~u u~ any app£!ca=lon concernin= the Gadaleta PUD, are honest and true to the best of my knowledge and belief. A hearing can be advertised. I further per, it Domenic_G~da!eta (AGENT'S NAME) =o act as my representative in any mattgrs regarding any ma=ter related ~o the Gadaleta PUD. ' · · North Naples Golf Range, Inc. 3a~e, ,~ Goldie, P~.sident State of Florida County of Collier The f~ora~g~ol~ng Agreement Sheet was ack day o~_..13~0~/3¢.+~ ~,~.~ . _._ now~dge b~fore ~n.a! i~ k~~~.' ~.~ ~ ~Dy.. ~ f~ .~ lr~. ~. ~, I~/ idantif~n-~ ~-t?TM.~ WhO nas produced_ ' --~., aha who did (did not) ta~e an oath. me this who is Commission ~ ~4y Commission Expires: APR 0 7 1'398 .g. /?,. ~I~NATURE OF A State of Florida County of Collier _?.~._ The foregoing Aqreemen: She, e~ was acknowledae before me thiB ~~ ~no~ to .me' or who has produ~e~L ~ as l~e~f~t-f~ ~nd who did (did not) take an oath. (SIGNATU~ OF ~LIC ) NOT~Y PUBLIC APR 0 7 1998 ii AFFIDAVIT OF UNIF!EP OWNERSHIP AND A~ENCX, Each of us DOMENICO GADALETA AND ANGELA GADALETA, being first duly sworn, depose ant say that we each ow~ the entire property described in Section 1.2 of this document, as tenants in the entirety in fee simple, which is the subject matter of this document and that all representations herein, including any renderings, drawings, data and other supplementary matter attached hereto are accurate, honest and true to the best of our knowledge. I further permit the undersigned to act as our agent in an~4natters regarding this petition. DOMENICO GADALE,? 7 ,/C.-- ./ AN G~LA OAD~LETA IMOTHY W. IFERGUSON, ESQ. %' DATE STATE OF FLORIDA, COUNTY OF COLLIER: Sworn to (or affirmed) and subscribed before me on day of i'(~% ~f Personally known OR , 1997 by DOMENICO and ANGELA GADALETA. -- NOTARY PUBLIC (print, type or stamp name of notary Produced identification: Type of I.D. Sworn to (or affirmed) and subscribed before me on ~P~b day of ~N~ , 1997 by TIMOTHY W. FERGUSON, ESQ. ~y~Personally known OR Produced identification: Type of (print, type or stamp name of notary APR 0 7 1998 2190931 OR: 2319 PG: 3351 IICOEE in OHIClAL ll~J of COL~III CO~, te : ~ ID N~. 00143480008 Warranty Deed ~ Indenture. Ma~ ~ 30th day of May. 1997 A.D.. Domenico Gadaleta and Angela Gadaleta, husband and wife, ret~ or~Co-~70f COLLIER . s~of Florida , ~rlmtors. North Naples Golf Range, Inc., a Florida corporation, as trustee of the SJG Land Trust Agreement, U/A dated 5/29/97,.~. ~O~drcnU:i6979 Old US 41, NAPLES, Florida 34110 ~ & NO/~00 ($10.00) ~. .~. ~ymg ~ ~mg m mc ~ or COLLIER hot ~Ofi~ u ~ ~E NORTH 1/2 OF ~E NOR~ 1/2 OF ~ NOR~ 1/2 OF ~ NORTH~ST 1/4 OF SE~ION 10, TO.SHIP 48 SO~, ~GE 25 ~ST, LYING WEST OF O~ US HIG~AY 41 (T~I~I ~IL); ~, ~E NOR~t 200 FEET OF ~ SO~ 1/2 OF ~ NOR~ 1/2 OF ~ NORTH 1/2 OF ~E NOR~T 1/4 OF SE~ION 10, TO.SHIP 48 SO.H, ~GE 25 ~ST, LYING ~ST OF O~ US HI--AY 41 (T~I~I T~IL); ~L BEING IN COLLIER CO~, F~RIDA. S~ject to restrictions and easements coriunon to the s~division if any, and taxes s~se~ent to 1997. ' *with full power and authority either to protect, conse~e and to sell or to lease, or to encu~er or to othewise ~na~e and dispose of the real property herein described, pursuant to the provisions of F.S. 689.071 Signed, sealed and delivered in our presmce: ~rin~ed Name: Witne~ V~t, /,,, ~/~. ,_..h' /~i~,'~ RETURN TO: MURPHY LAW FIRM SUITE A ~7~ ,,,,iRPORT ROAD N. TXMOTHXW. FER~USOI, P.A. 2272 AIRPORT ROAD S. STE 1210 NAPLES, FLORIDA 34112 941-774-4411 FAX 941-793-3969 October 30, 1997 Ron Nino C~unity Development and Environmental Services 2800 North Horseshoe Dr. Naples, Florida 34104 Re .- THE GADALETA P. U. D. Dear Ron: The purpose of this letter is to officially protest the requirement that my client pay the One'Tho~sand Three Hundred Dollar ($1,300.00) application fee that the county is chargi~.g. for the Sunset Review of the GADALETA P.U.D. While we are g~vlng you a check for the ($1,300.00) processing fee, we are paying the fee under official protest (please find the enclosed check). I have reviewed the county ordinances and regulations and have failed to discover an ordinance and/or regulation that requires a $1,300.00 application fee for a Sunset Review. I have questioned you as well as other county employees who have been unable to site an ordinance or regulation which requires the payment of any fee for the Sunset Review. Since the review is an involuntary requirement mandated by the county and the fee has no basis in administrative rule or county ordinance, I believe that the fee has been illegally required and therefore the payment is under protest. Please provide me with written justification of the county's legal standing for requiring such a fee or please remit the fee itself. If you have any further questions about this or any other matter, please feel free to contact me at your earliest convenience. Thank you very much for your time and consideration in this matter. TWF.rn/GADALETA.8 Sipcerely, T~othY W. ~rguson, '~torney at Law APR071998 I I ORDINANCE 98- AN ORDINANCE ~4ENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONIUG REGULATIO~{S FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY ~/~ENDING THE OFFICIAL ZONING ATLAS ~AP NUMBERED 8510N BY CH~/gGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" Td "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS GADALETA PUD, FOR PROPERTY LOCATED ON THE WEST SIDE OF OLD TAMIAMI TP~IL NORTH/OLD U.S. 41 NORTH (C.R. 867) AND IMMEDIATELY CONTIGUOUS THE LEE COUNTY BOUNDARY LINE, IN SECTION 10, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 19.3 ACRES MORE OR LESS; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 88-50, AS AMENDED, THE FORMER GADALETA PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Timothy W. Ferguson and Domenico Gadaleta, representing SJG Land Trust, petitioned the Board of County Co~unissioners to change the zoning classification of the herein described real property: NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA; SECTIOH ONE: The Zoning Classification cf the herein described real property located in Section 10, Township 48 South, Range 26 East, Collier County, Florida, is changed from "PUD" t$ "PUD" Planned Unit Development in accordance with the PUD Document, attached hereto as Exhibit "A", which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Map numbered 8510N, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: Ordinance Number 58-50, as amended, known as the Gadaleta PUD, adopted on May 24, 1988 by the Beard of County Commissioners of Collier County, is hereby repealec in its entirety. SECTION THREE: This Ordinance shall become effective upon filin( Department of State. APR 0 7 1998 MAR 2 98 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of , 1998. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Approved as to Form and Legal Sufficiency Marjorie M. Student Assistant County Attorney f/PUD-87-]X (3) ORDINARCZ/ BY: Chairman APR 0 7 1998 GADALETA A PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING GADALETA, A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: PREPARED BY= TIMOTHY W. FERGUSON 2272 AIRPORT ROAD SOUTH SUITE 210 NAPLES, FLORIDA 34112 DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL APR 0 7 1998 TABLE OF CO~S Statement of Affidavit of Section I Section II Section III Section IV Section V Section VI Section VII Compliance and Short Title ....................... i Unified Ownership and Agency .................... ii Legal Description, Property Ownership and General Description ....... 1 Project Development ..................... 3 Use of Land and Development Standards... 8 Commercial Areas Plan ................... 11 Common Areas Plan ....................... 13 Development Commitments ................. 15 Environmental Protection ................ 18 APR 0 7 1998 STATEMENT OF COMPLIANCE The development of approximately 19.3 acres of property in Collier County, as a Planned Unit Development to be known as the Gadaleta PUD, is and will be in compliance with the goals, objectives, and policies of Collier County as set forth in the Growth Management Plan unless otherwise vested or exempt. The commercial, residential and recreational facilities of the Gadaleta PUD are and will be consistent with the growth management policies, land development regulations, and applicable comprehensive planning objectives, unless_otherwise vested or exempt, of each of the elements of the Cotlier County Growth Management Plan for the following reasons: ~es$dent~al Project 1. The subject property is within the urban Residential Land Use Designation as identified on the Future Land Use Map as required in Objective 1, Policy 5.1 and Policy 5.3 of the Future Land Use Element. 2. The subject property's location in relation to existing or proposed community facilities and services permits the development's residential density as required in Objective 2 of the Future Land Use Element. 3. The project development is compatible and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. 4. Improvements are planned to be in compliance with applicable forthcoming land development regulations as set forth in Objective 3 of the Future Land Use Element. 5. The project development will result in an efficient and economical extension of community facilities and services as required in Policies 3.1H and L of the Future Land Use Element. 6. The project density of Five (5) d.u.'s per acre, plus the Two acres of commercial property are vested based on the Zoning Re-evaluation Ordinance finding of "exempt status" 7. The project will be served by a complete range of services and utilities as approved by Collier County. 8. The project is compatible with adjacent land uses through the internal arrangement of structures, the placement of land use buffers, and the proposed development standards contained herein. 9. The Planned Unit Development includes open spaces and natural features which are preserved from future development in order to enhance their natural functions and to serve as project amenities. 10. Ail final local development orders complied, are exempt or will comply wit Adequate Public Facilities Ordinance. foz"°t~roje! the Collier C APR 0 ? 998 ii AFFIDAVI~ OF U~IFIED OWI~ERSHIP ~ AGE~¢~ Each of us DOMENICO GADALETAAND ANGELA GADALETA, being first duly sworn, depose ant say that we each own the entire property described in Section 1.2 of this document, as tenants in the entirety in fee simple, which is the subject matter'of this document and that all representations herein, including any renderings, drawings, data and other supplementary matter attached hereto are accurate, honest and true to the best of our knowledge. I further permit the undersigne~ to act as our .agent in ~matters re~r~g this DOMENICO GADALE~A '~NGF~ GADELETA petition. TIMOTHY W. FERGUSON, ESQ. DATE STATE OF FLORIDA, COUNTY OF COLLIER: Sworn to (or affirmed) and subscribed before me on ~ day of t,~o¢~ , 1997 by DOMENICO and ANGELA GADALETA. NOTARY PUBLIC (print, type or stamp name of notary ~Personally known OR Produced identification: Type of I.D. Sworn to (or affirmed) and subscribed before me on day of , 1997 by TIMOTHY W. FERGUSON, ES~. NOTARY PUBLIC (print, type or stamp name Personally known OR Produced identification: Type of I.D. SECTION Z PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PUI~OS~ The property in question is located on Old U.S. 41, adjacent to and South of Spanish Wells P.U.D, adjacent to and West of industrial development across U.S. 41, Adjacent to and east of multi family development and has vacant land to the South with low income housing as the next developed property to the south. 1.2 ~GAL DESCRZI:'TZ~ The subject property being 19.3 acres, is described ass The North 1/2 of the North 1/2 of the North 1/2 of the North East 1/4 of Section 10, Township 48 South, Range 25 East, lying West of Old U.S. 41, Collier County, Florida; AND The North 200 Feet of the South 1/2 of the North 1/2 of the North 1/2 of the North East 1/4 of Section 10, Township 48 South, Range 25 East,lying West of Old U.S. 41, Collier County, Florida 1.3 PROPER~-I OWNERSHI~ The subject property is currently under the undivided ownership of Domenico and Angela Gadaleta 572, 107th Avenue North, Naples, Florida 34108. (See page 3 of the amendment application document for unified ownership affidavit) 1.4 GENERAJ'o DESCRIPTION OF PROPERTY A. The property consists of 19.3 acres on the west side of Old U.S. 41 just South of the Lee County line. Most of the property has been cleared and is being used for recreational purposes as an ongoing golf driving range. B. The project site is divided into residential and commercial uses. The West 17.3 acres consists of various potential residential uses. The Eastern most 2.0 acres, adjacent to Old U.S. 41 is commercial. C. The zoning classification of the subject property prior to the date of this approved PUD Document was P.U.D. with 88 units of residential on 17.3 acres and 2.0 acres of commercial. D. This property was found to be exempt from zoning re- evaluation by Collier County review according the Zoning Reevaluation Ordinance 90-23 APR 0 ? 998 B. Water Management for the proposed project is planned to be the lake retention type. The elevation within the project site is approximately 15 feet over sea level. Most of the area is composed of xeric environs and soil types (substantial composed of various sandy soils). C. Detailed Site Drainage plans which shall incorporate a single water management system for this property shall be submitted to the County engineer for review before development. No construction permits shall be issued unless and until approval of the proposed construction, in accordance with submitted plans is granted by Collier County. The Water Management plan for the Gadaleta PUD may be developed in phases w~ere feasible. D. An excavation permit will be required for any proposed lake or water retention area which complies with Federal, State and County regulations. 1.6 PROJECT DESCRIPTI0~ The Gadaleta PUD is a mixed use project which consists of 17.3 acres of various potential residential uses in a range consisting of single family, single family cluster, single family attached, multi-family, group housing, patio housing, town houses and/or low income housing, with all other appropriate housing types within or similar to the types of housing listed above included. The density of this parcel of property is approximately 5 units per acre. The Gadaleta PUD also contains 2.0 acres of C-2 co~ercial zoning which may be developed and used according to the uses allowed in Sections 2.2.12 and 2.2.13 of the Collier County Unified Land Code. Furthermore, the property is currently being used for recreational purposes and may be used in such a manner hence forth with recreational use types comparable to the intensity of a golf driving range which is the current use. The golf drivning range is an intended use alternative. 1.7 ~'~'IRO~ME~AL IMPACT The vast majority of the property covered by this document has been cleared for use as a driving range with the exception of approximately 0.7 acres (to be verified) of xeric scrub habitat which has been retained as a conservation area. The conservation easement will remain undisturbed with the exception of the access road depicted on the PUD Site Plan. Any disturbance of the conservation easement caused by the access road, if any, will be mitigated by setting aside other similar habitat or replanting disturbed area on another part of the property which will be conserved. The remainder of the property can not be adversely impacted since it has been previously cleared. Therefore, no EIS was required for this site. 1.8 SHORT TITLE This Ordinance shall be known and Planned Unit Development Ordinance." SZCTTOIf IT PRO~CT D~'EI~PI,~'~ RK(~J'IRKNEHTS The purpose of this Section is to delineate and generally describe the project plan of development, ,relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. 2.2 ~ A. Regulations for development of the Gadaleta PUD shall be in accordance with the contents of this document, the Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code (hereinafter CCLDC) and Growth Management Plan in effect at the time of building permit application unless otherwise avoided by vesting or exempted. Where these regulations fail to provide developmental standards, the provisions of the most similar district in the County Land Development Code shall apply unless other standards which are vested or exempt apply. B. Unless otherwise noted, the definitions of all terms sh~ll be the same as the definitions set forth in the CCLDC in effect at the time of building permit application. C. All conditions imposed and all graphic material presented depicting restrictions for the development of the Gadaleta PUD shall become part of the regulations which govern the manner in which the PUD site may be developed. D. Unless avoided by vesting or exempt from the land development codes and/or unless modified, waived or expected by this PUD the provisions of other land development codes where applicable remain in full force and effect with respect to the development of the land which comprises this PUD. E. Development permitted by the approval of this petition will be subject to a concurrence review under the provisions of Division 3.15 Adequate Public Facilities at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance applicable to this development, except when avoided by vesting or exempt from concurrence requirements. F. Development governed by this ordinance shall not effect the property's exempt status received pursuant to Coll! r~ . Counties finding that the property was . evaluation pursuant to the Zoning Reeva 2.3 DESCRIPTION OF PROJEC~ PLAN AND P~0P~ED LAND USES A. The project Master Plan, including layout of streets and of land for the various tracts is yet to be determined in order to maintain flexibility in the final development of the property. The current layout of the PUD consists of two (2) development tracts dividing residential and commercial uBes (see site plan, Exhibit A). The Gadaleta PUD shall be divided into a reasonable number of land use tracts, plus necessary water management lakes, street rights-of-way and other necessary designated areas. The general configuration of the Gadaleta PUD is intended to stay flexible to accommodate the end user of the property. TRACT Single Family and Multi Family as described in Section 1.6 above. various 17.3 Acres TRACT "B" Commercial C-2 uses as outlined in the appropriate Land Development Regulation various 2 Acres TRACT "A & B" Recreational including but not limited to a driving range putt putt courses and any other recreational use of similar intensity. TOTAL ACREAGE 19.3 Acres B. Recreational uses are specifically intended to be permitted uses within the Gadaleta PUD. These uses include but are not lJz~ited to, a golf driving range and any other comparable recreational use as a permited use within this PUD C. The designated conservation area, composed of xeric habitat, consists of approximately 0.7 Acres (to be field verified) and is located in the South East corner of the Gadaleta PUD. No other "conservation area" is intended. Open space requirements shall include the designated "conservation area" and may be used in the calculation of required open space any where within the Gadaleta PUD, regardless of whether the designated conservation area is in the same tract or not. D. Areas to be designated as lakes or water retention areas, shall be constructed as lakes or, upon approval, parts thereof may be constructed as shallow, intermittent wet and dry depressions for water retention purposesSuchareas, lakesand____z intermittent wet and dry areas shall be'' configuration and contain the same genel the appropriate site development plan. 4inor modificat~on___t_~a%l/_AA tracts, lakes or other boundary ~ay be r::}orl~l~. ~.~j~thI 7~ Preliminary Subdivision Plat or Site Development Plan approval, subject to the provisions of Sections 3.2.6 and 2.7.3.5 respectively, of the Collier County Land Development Code or as otherwise permitted by this PUD document. E. In addition to the various areas and specific items shown in Exhibit "A", such easements as necessary (utility, private, semi-public, etc.) shall be established within or along the various Tracts as may be necessary. 2.4 DESCRIPTION OF PROJECT DENSITT AND INTENSITT OF LAND USE A. A maximum of 88 residential dwelling units, single and multi--family, shall be constructed in the total project area. However, the owner of the Gadaleta PUD may convert the commercially zoned property, at his/her sole option, to residential zoning to be consistent with the residential uses allowed within this PUD. The conversion ratio will comply with the then allowable conversion ratio provided in the current CCLDC. If the commercial property is converted to residential pursuant to this section, the new maximum of residential dwelling units shall be 120 single and multi family units. B. The gross project area less acreage devoted to commercial purposes is 17.3 acres. The gross project density, therefore, will be a maximum of 5 units per acre, unless the commercial property is converted, then the gross project density will be based on 19.3 acres and will be a maximum of 6.2 units per acre. C. The Gadaleta PUD makes provision for all possible housing structure types, listed above, to be built on residentially designated tracts. The type of housing structure which characterizes the initial development of any platted tract is to be carried throughout the development of that particular tract. D. Any or all of the Gadaleta PUD property may be used for recreational use. Recreational uses include but are not limited to golf driving range or any other comparable use. 2.5 RELATED PROJECT PLAN APPROVAL REOUI~S A. Prior to the recording of a Record Plat, and/or Condominium Plat for all or part of the PUD, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the PUD Master Plan, the Collier County Subdivision Code and the platting laws of the State of Florida unless otherwise vested or exempt. B. Exhibit "A", PUD Master Plan, constitutes the required PUD Development Plan with its inherent flexibility. Any ~{-~- of property and the de v e lo pment of the l~nd shall ~ ~- ~~/ compliance with Division 3.2 of the Coll~er ~.~Land Development Code, and the platting the l~ws ofCCp. Stat4 of M~~9 Florida unless otherwise exempt or veste¢i. APR 0 7 1998 C. The provisions of Division 3.3 of the Collier County Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land, as provided in said Division prior to the issuance of a building permit of other development order. D. The development of any tract or parcel approved for residential development contemplating fee simple ownership of land for each dwelling unit shall be required to submit and receive approval of a Preliminary Subdivision Plat in conformance with requirements of Division 3.2 of the Collier County Land Development Code prior to the submittal of construction plans and a final plat for any portion of the tract, or parcel. E. Appropriate instruments will be provided a~ the time of infrastructural improvements regarding any dedication and method for providing perpetual maintenance of common facilities. 2.6 MODEL HOMES AND S~T.F$ FACILITIES ¢See T__~)~-$ec ~,6.33,$) Models homes/model home centers including sales center(s) shall be permitted in conjunction with the promotion of the development subject to the following: A. One "wet" and an appropriate number "dry" models (commensurate with product types), may be constructed prior to recording of a plat on each particular tract within the PUD. Location is limited to future, platted family lots. All models must be applied for by project owner. B. The models permitted as "dry models" must be obtain a conditional certificate of occupancy for model purposes only. The "wet" model may not be occupied until a permanent certificate of occupancy is issued. C. The model ("wet model") utilized as "sales offices" must obtain approval by and through the Site Development Plan Process. D. Prior to recorded plats, metes and bounds legal descriptions or other recordable legal descriptions shall be provided to and accepted by Collier County as is sufficient for building permit issuance. Said legal descriptions must meet proposed plat configurations and all models constructed pursuant hereto shall conform to applicable minimum square footage, setbacks, and the like as set forth herein. E. Access shall be provided to each "dry" model from the "wet" model. Access shall be for pedestrian traffic only, no paved road will be allowed. Access to the "wet" model shall be provided by a paved road or temporary driveway and shall have a supporting parking lot. F. Sales, marketing, and administrative functions are permitted to occur in designated "wet" model homes withi,~ project only as provided herein. G. The "wet" model may be served system with ultimate connection to the c fire protection facilities in accordance with NFPA requirements are required unless a permanent water system is available. A water management plan must be provided which accommodates the runoff from the model home, parking, access road/driveway and other impervious surfaces. The system shall be designed and constructed so that it is integrated with the master system for the entire development. 2.6 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD as provided in the Collier County Land Development Code, Section 2.7.3.5. 2.7 ASSOCIATION OF PROPERT~ OWNERS FOR C0~0N ~MAINTENANC~ Whenever the developer elects to create land area and/or recreation amenities whose ownership and maintenance responsibility is a common interest to all of the subsequent purchasers of property within said development in which the common interest is located, that developer entity shall provide appropriate legal documentation which shall include provisions for the perpetual care and maintenance of all common facilities and open space subject further to the provisions of the Collier County Land Development Code, Section 2.2.20.3.8. 2.8 PROVISION FOR OFF-SITE REMOVAL OF EAR__T~_WRt~__MATERI~?. A. The excavation of earthen material and its stock piling in preparation of water management facilities or to otherwise develop water bodies is hereby permitted. If after consideration of fill activities on those buildable portions of the project site are such that there is a surplus of earthen material then its off-site disposal is also hereby permitted subject to the following conditions. 1. Excavation activities shall comply with the definition of a "development excavation" pursuant to Division 3.5 of the Land Development Code whereby off-site removal shall be limited to 10% of the total up to a maximum of 20,000 cubic yards. 2. Ail others provisions of said Division 3.5 are applicable. APR 0 7 1998 USE AND DEVELOPMENT STANDARDS 3.1 PURPOSE The purpose of this section is to identify specific development standards for the areas designated as residential in the Gadaleta PUD. 3.2 MAXIMUM DWELLING UNITS The maximum dwelling number of dwelling units are as provided in Section 2.4 (A) of this agreement. A total of 88 units on the 17.3 acre tract or 120 units if the commercial tract is converted into residential. 3.3 PERMITTED US~ No building or structure or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. PRINCIPAL USES: (1) Single Family Dwellings with all permitted accessory and conditional uses as described in the CCLDC for that section. (2) Single Family Attached, including one dwelling unit above another. (3) Multi-family structures as provided in Section 2.2.5 of the CCLDC with all permitted and accessory and conditional uses as described in the CCLDC for the section (4) The clustering or grouping of housing structure types may be permitted on parcels of land with unified ownership, or as may be otherwise provided in section 2.6.27 and section 2.6.38 of the CCLDC and subject to further provisions of division 3.3 of the CCLDC. (5) Golf ranges and other similar recreational uses as outlined in Section 2.3 of this document B. ACCESSORY USES: 3.4 Any accessory and incidental use to a permitted use. DEVELOPMENT STANDARDS The development standards for the above referenced uses are those provided in the most similar use district of the CCLDC. measurement between the b~ildings and ~uunu~£y o~ a parcel of land upon which buildings are to be constructed is shall have the following application: A. FRONT YARD Front yard setbacks shall be measured as follows: (1) If the parcel is served by a public or private right- of-way, setback is measured from the adjacent right-of-way line. (2) If the parcel is served by a non-platted private drive, setback is measured from the back of curb or edge of pavement. , (3) If the parcel is served by a platted drive, setback is measured from the road easement or property line. (4) Generally principal buildings shall be setback a distance sufficient to provide for two back to back parking spaces, one of which may be in an enclosed space. (5) When principal buildings front upon a common parking area, which in turn fronts upon a public or private right-of-way or non-platted drive a minimum distance of ten (10) feet shall separate the principal building and any related parking facility, and a green belt of ten (10 feet shall separate said right-of- way, or other non-platted private drive from the common parking area. This shall not prohibit the attached relationship of enclosed parking structures to the principal residential structure, however in such uses a parking apron of at least fifteen (15) feet shall separate the enclosed parking space from the edge of curb on a private right-of-way without sidewalks or fifteen (15) feet from a sidewalk. B. Interior Yards (Not Adgacent any Right-O[-WaY or Other Private Drive or Adiacent open Space-Area) 1) The separation of principal structures form an interior lot/parcel/tract boundary and shall generally be not less than 1/2 the height of the wall adjacent said interior boundary line. Zero distance relationships for principal buildings is a term which only applies to single family detached housing structures. For example, it should not be applied in the content of a two family vertically attached housing structure, zero distance relationships for principal buildings as described, is not acceptable generally, but rather should bear some reasonable relationship to the height of the walls nearest said interior boundaries. As a general rule 1/2 of the height of the wall adjacent said interior boundary line is recommended. 2) K%enever principal buildings are located next to an open space area (i.e. conservation preserve, recreation open space, golf course) a reduced yard space will generally be acceptable, however in no instance should provision be zero lot line relationship. .~~ C. ACCESSORY BUILDINGS AND USE AREA ~ :LATION$~P~ APR 0 7 998 1) There is adequate justification to provide for reduced yard requirements where accessory structures (screened-in land area space when completely open to the sky and recreational uses like swimming pools, tennis courts, pavilions, etc.) are contiguous a property line adjacent to open space as herein defined. 2) Recreational land uses under screened-in structures may be considered acceptable up to a lot line under appropriate conditions. SITE DEPTH AVERAGE: Determined by dividing the site area by the site width. , SITE WIDTH: As defined by the Collier County Zoning Ordinance. May be reduced on cul-de-sacs lots. SBH: (Sum of Building Heights): Combined height of two adjacent buildings for the purpose or determining setbacks requirements. Setbacks are measured from lot lines, tract boundaries or public or private streets. Open space area means development adjacent to lakes, preserves, conservation area, park, or golf course. Patio (~ero Lot Lin~): Means one wall of the residential structure is concurrent with a side property line and the sum of the two required side yards is shifted to the non-zero lot interior side lot line. SinGle Family Attached/Townhouse/Row House: Is a multiple family structure which includes a series of three or more single family vertically attached housing units having no separate dwelling unit above another. May be more than one story, but not more than three habitable floors. Vill~; Is a multiple family structure which includes a structure containing three or more dwelling units both vertically and horizontally attached typically with dwelling units over dwelling units having irregular shaped exterior walls and generally not exceeding a height of two habitable floors. Multiple Family: Means a housing structure containing three or more dwelling units other than that which fulfills the definition of single family attached, townhouse, row house, and villas. Generally includes a structure of two or more story's with ~elling units above dwelling units each of which may be accessed direct by from the outside or from a common interior location. Duplex: Means a housing structure containing two dwellings units either vertically or horizontally attached. Clustered Housing: Means the placement of structures of the type described on a under common ownership without prejudice of individual dwelling units. par SECTION IV CO~9~ERCIAL ~ PIA~ 4.1 PUI~OSE The purpose of this Section is to identify the type of Com~_ercial uses and development standards that will be applied to the areas so designated on Exhibit "A", as Commercial Tract 4.2 DEVELOPMENT EMPHA~ The 2 acres of commercial use in this PUD is a result of vested commercial use from the Zoning Reevaluation Ordinance 90- 23 cited above and Collier County PUD Amendment 97-7 which reinstated the com~__ercial acreage back into the PUD on January 28, 1997. 4.3 USES PERMITTED No building or structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Principal Uses 1. Any retail business, service establishment and professional and general offices as defined in the Standard Industrial Classification Manual for the following categories: Retail category, Major Groups 52 thru 59 inclusive, Finance, Insurance and Real Estate, Major groups 60 thru 67 inclusive except sub-group 651. Service category, Major Groups 70, 72, 73, and 75 except sub-group 753. Major groups 76, 78 and 79 except as otherwise provided, Major Groups 80, 81, 86, and 89. Ail of the above permitted major groups and sub-group uses of land and buildings may be permitted provided the following conditions are found to be presents a. Ail retail or service establishments shall deal directly with consumers as opposed to wholesale distribution of products or services to non-household establishments. For those retail or service establishments producing goods on the premises, they shall be sold at retail. off-street parking and loading, shall be conducted within a completely enclosed building, except for motorized vehicle equipment sales. b. Ail business, servicing, or processing, except for 2. Hotels and Motels 3. Recreations facilities incl' m~ :e~ golf driving range theaters, bowling alleys, billiard halls, indoor archery range, indoor skating rink or similar for~of indoor commercial recreation. 4. Planned or integrated commercial centers and shopping centers including any of the above uses, which may be comprised of separate buildings on a common parcel of land. 4.4 DEVELOPMENT STANDARDS The development standards for the above referenced uses are as listed as those provided in the most similar ~se district of the CCLDC. · APR 0 ? 1998 SECTION V DEVELOPKENT COMMITMENTS 5.1 PURPOSE The purpose of this Section is to set forth the development commitments for the development of this project. 5.2 ~RAL Ail facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdivision Plans and all applicable State and local laws, codes, and regulations applicable to this PUD. Except where specifically noted or stated otherwise, the standards and specifications of the Land Development Code of Division 3.2 shall apply to this project even if the land within the PUD is not to be platted. The developer, his successor and assigns shall be responsible for the commitments outlined in this document. The developer, his successor or assignee shall agree to follow the Master Plan and the regulations of the PUD as adopted, and any other conditions of modifications as may be agreed to in the rezoning of the property. In addition the developer will agree to convey to any successor or assignee in title any commitments within this agreement. 5.3 PUD MASTER pLAN A. Exhibit A, PUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed tract, lot or land use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase as may be executed at the time of final platting or site development plan application. Subject to the provisions of Section 2.7.3.5 of the Land Development Code amendments may be made from time to time. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all co,on areas in this project. 5.4 SC~EDU/.,.~ OF D~'ELOp~T/MONITORING REPORT ~ND SUNSET PROVISION A. Identify proposed start and completion dates of the project, stages of development, and areas and location of common open space other recreation facility if applicable to be provided at or by each stage. All PUD's shall be subject to the Sunset Provisions of Section 2.7.3.4 of the Land Development Code. Any additional recreational facilities, as may be needed by the future residents of this~be~ through a system of revenues collected Association. The Homeowner's AssociatJ,o~ B~-~h~l!.~ a provision that the creation of a CapJ mandatory, and every property ~er in become a member of the Homeowner's Association. A description shall be provided for the location of land and facilities to be dedicated to the County, their use and function together with acceptance by County. The plan shall provide a tabulation and location of useable open space and the mechanism for continued separation and maintenance by a private entity. C. Monitoring Report: An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County Land Development Code. 5.5 DEVELOPMENT EXEMPTIONS FROM STANDARD PRACTICE/R~GULATION$ Where the nature of development within the PUD does not require the concurrent or subsequent approval of a Preliminary Subdivision Plat, as may be the case for a Condominium Plat and provides for development standards which may be different from those required by the Counties Land Development Code, this Section should identify the development standards unique to this PUD, such as but not necessarily limited to: Street ROW, Pavement width, sidewalks, and other infrastructure requirements of Division 3.3 of the Land Development Code. Said exceptions and variations will only be granted as a function of approving the PUD. 5.6 VARI~CE AND ZXCEPTIONS TO SUBDIVISION I~(~I~TIONS Variance and exceptions to Division 3.3 of the Land Development Code will only be included in the PUD when a concurrent application is being made for Prel{m~nary Subdivision Plat approval. 5.7 TRANSPORTATION The development of this PUD Master Plan shall be subject to and governed by the following conditions~ 5.8 WATER MAN EM F The development of this PUD Master Plan shall be subject to and governed by the following conditions: 5.9 UTILITIES The development of this PUD Master Plan shall be subject to and governed by the following conditions: 5.10 The development of this PUD Maste! and governed by the following conditio 5.11 ENVIRONMENTAL The development of this PUD Maste ,,P. lan shall be subjec to ~nu 9overneu ny uae following conditions~ 5 . 12 OTHER INFRASTRUCTURE The development of this PUD Master Plan shall be subject to and governed by the following conditions~ 5.13 ACCESSOR! STRUCTURES Accessory structures shall be constructed simultaneously with or following the construction of the principal structure except for a construction site office and model units. 5.14 SIGNS Ail signs shall be in accordance with Division 2.5 of the Land Development Code. 5.15 LANDSCAPIN~ FOR OFF-STREET PARKIN~A~EAS Ail landscaping for off-street parking areas shall be in accordance with the Division 2.4 of the Collier County Land Development Code in effect at the time of building permit application. 5.16 POLL!N(~ PLACES Pursuant to Section 2.6.30 of the Land Development Code provision shall be made for the future use of building space within common areas for the purposes of accommodating the function of an electoral polling place. An agreement recorded in the official of the Clerk of the Circuit Court of Collier County, which shall be binding upon any and all successors in interest that acquire ownership of such commons areas including, but limited to, condo~inittm associations, homeowners associations, or tenants association. This agreement shall provide for said community recreation/public room or similar common facility to be used for a polling place if determined to be necessary by the Supervisor of Elections. APR 0 ? 1998 [ SECTION VI 6.1 ENVIRONMENTAL PROTECTION STANDARD EAC STIPULATIONS (ADOPTED BY EAC 4/1/87) A. PETITIONER SHALL BE SUBJECT TO ORDINANCE 75-21 (OR THE TREE/VEGETATION REMOVAL ORDINANCE IN EXISTENCE AT THE TIME OF PERMITTING), REQUIRING THE ACQUISITION OF A TREE REMOVAL PERMIT PRIOR TO ANY LAND CLEARING. A SITE CLEARING PLAN SHALL BE SUBMITTED TO THE NATURAL RESOURCES MANAGEMENT DEPARTMENT FOR THEIR REVIEW AND SUBJECT TO APPROVAL PRIOR TO ANY WORK ON THE SITE. THIS PLAN MAY BE SUBMITTED IN PHASES. THE SITE CLEARING PLAN SHALL CLEARLY DEPICT HOW THE FINAL LAYOUT INCORPORATES RETAINED NATIVE VEGETATION TO THE MAXIMUM POSSIBLE AND HOW ROADS, BUILDINGS, LAKES, PARKING LOTS, AND OTHER FACILITIES HAVE BEEN ORIENTED TO ACCOMMODATE THIS GOAL. B. NATIVE SPECIES SHALL BE UTILIZED, WHERE AVAILABLE, TO THE MAXIMUM EXTENT POSSIBLE IN THE SITE LANDSCAPING DESIGN. A LANDSCAPING PLAN WILL BE SUBMITTED TO THE COMMUNITY DE%rELOPMENT DIVISION AND THE NATURAL RESOURCES MANAGEMENT DEPARTMENT FOR THEIR REVIEW AND THEIR APPROVAL. THIS PLAN WILL DEPICT THE INCORPORATION OF NATIVE SPECIES AND THEIR MIX WITH OTHER SPECIES, IF ANY. THE GOAL OF SITE LANDSCAPING SHALL BE THE RE-CREATION OF NATIVE VEGETATION AND HABITAT CHARACTERISTICS LOST ON THE SITE DURING CONSTRUCTIONS OR DUE TO PAST ACTIVITIES. C. ALL EXOTIC PLANTS, AS DEFINED IN THE COUNTY CODE, SHALL BE REMOVED DURING EACH PHASE OF CONSTRUCTION FROM DEVELOPMENT AREAS, OPEN SPACE AREAS, AND PRESERVE AREAS. FOLLOWING SITE DEVELOPMENT A MAINTENANCE PROGRAM SHALL BE IMPLEMENTED TO PREVENT RE-INVASION OF THE SITE BY SUCH EXOTIC SPECIES. THIS PLAN, WHICH WILL DESCRIBE CONTROL TECHNIQUES AND INSPECTION INTERVALS SHALL BE FILED WITH AND SUBJECT TO APPROVAL BE THE NATURAL RESOURCES MANAGEMENT DEPARTMENT AND THE COMMUNITY DEVELOPMENT DIVISION. D. IF DURING THE COURSE OF SITE CLEARING, EXCAVATION, OR OTHER CONSTRUCTIONS ACTIVITIES, AND ARCHAEOLOGICAL OR HISTORICAL SITE, ARTIFACT, OR OTHER INDICATOR IS DISCOVERED, ALL DEVELOPMENT AT THAT LOCATION SHALL BE IMMEDIATELY STOPPED AND THE NATURAL RESOURCES MANAGEMENT DEPARTMENT NOTIFIED. DEVELOPMENT WI~ BE SUSPENDED FOR A SUFFICIENT LENGTH OF TIME TO ENABLE THE NATURAL RESOURCES MANAGEMENT DEPARTMENT OF A DESIGNATED A CONSULTANT TO ASSESS THE FIND AND DETERMINE THE PROPER COURSE OF ACTION IN REGARD TO ITS SALVAGEABILITY. THE NATURAL RESOURCES MANAGEMENT DEPARTMENT SHALL RESPOND TO ANY SUCH NOTIFICATION IN A TIMELY AND EFFICIENT MA}~ER SO AS TO PROVIDE A MINIMAL INTERRUPTION ~ ANY CONSTRUCTION ACTIVITIES. E. THE XERIC SCRUB COMMUNITY LOCATED IN THE SOUTH EAST CORNER OF THE SUBJECT PROPERTY SHALL BE MAINTAINED AS A CONSERVATION AREA, AND THUS INCORPORATED INTO THE LANDSCAPE COMPONENT OF THE SITE. THE SCRUB AREA SHALL BE FENCED ¢~Ig~ V F. THE FLORIDA DEPARTMENT O~ ENVIRONMENTALI REGUI~T~~),4r~Q;I =,~zu~ '~u o~,~,~'. U~.V~LOPMENT CONCERNING THE POSSIBLE DESIGNATED OF JURISDICTIONAL WETLANDS ON THE PROPERTY. G. A 10.1 LITTORAL SLOPE SHALL BE REQUIRED ON THE LAKE SHORES ABUTTING WETLAND AND PRESERVE AREAS. THE PETITIONER SHALL RE-VEGETATE LITTORAL ZONES WITH APPROPRIATE NATIVE SPECIES. NRMD RECOMMENDS 10.1 LITTORAL SLOPES FOR THE RETENTION LAKE SHORES WHENEVER POSSIBLE. H. ANY GOPHER TORTOISE FOUND ON THE PROPERTY SH~?.?. BE TREATED IN ACCORDANCE WITH FLORIDA GAME AND FRESH WATER FISH COMMISSION REGULATIONS. F LAND~. 10' 100' FPL EAS[M'~NT S © 0 © ! [-r'i 0 cz Z .---! -.< ~ C c~ APR 0 ? 1998 EXECUTIVE SUMMARY THE BO.M~,D OF COUNTY COMMISSIONERS SIGN THE PARTIAL RELEASE OF LIEN TO CORRECT A SCHIVENER'S ERROR REMOVING THE LIEN AGAINST A PORTION OF TRACT 20, GOLDEN GATE ESTATES UNIT 8. OBJECTIVE: To remove a portion of the lien which was inadvertently placed on all of Tract 20, Golden Gate Estates, Unit 8 as a result of an agreement with Joan Quinn for waiver of Collier County impact fees. CONSIDERATIONS: On September 6, 1994 the County entered into an agreement with Joan Quinn, a low income family, for waiver of Collier County impact fees using funding from the State Housing Initiatives Partnership [SHIP] which was recorded in Official Records Book 1983, Page 2273 of the Public Records of Collier County. The lien was inadvertently placed against all of Tract 20. The attached Partial Release of Lien removes the lien created by the agreement except for the South 165 feet of Tract 20. FISCAL IMPACT: None. GROV~'rH MANAGEMENT IMPACT: None. RECOMMENDATIONS: The Board of County Commissioners sign the attached Partial Release of Lien directing the Clerk of the Circuit Court to record the Partial Release of Lien in the Official Records of Collier County to acknowledge that the lien ceases to exist against the property described therein. PREPARED BY: Greg l~lihalic, Director Housiflg and Urban Improvement Date APPROVED BY: tVincent A. C~'utero, AICP, Adminis~ator Community Dev. and Environmental Svcs. Date jd/gm/c/cxecsu m/q uinn APR 0 7 PARTIAL RELEASE OF LIEN This Partial Release of Lien is made by the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, hereinafter referred to as "County", in favor of Joan Quinn, hereinafter referred to as "Quinn". WITNESSETH: WHEREAS, the County and Quinn entered into an agreement for waiver of Collier County impact fees dated September 6, 1994 (the "Agreement"), which was recorded in Official Records Book 1983, Page 2273 ofthe Public Records of Collier County; and W]-IEREAS, the County placed a lien against an entire tract of land pursuant to the terms of the Agreement; and Vs~EREAS, the Board of County Commissioners desires to release a portion of the tract of land which does not contain the subject affordable housing Dwelling Unit; and WHEP,.EAS, the remaining the tract of land is sufficient security for performance under the Agreement. NOW THEREFORE, County does hereby release the following property from the lien created by the Agreement: All of Tract 20 Golden Gate Esta;es Unit 8, except for the South 165 feet of Tract 20, according to the plat thereof recorded in Plat Book 3, Page 97-98 of the Public Records of Collier County. This release cancels the lien against the property described in this release. The Clerk of the Circuit Court is hereby directed to record this Partial Release of Lien in the Official Records of Collier County to acknowledge that the lien ceases to exist against the property described herein. APR 0 7 1998 IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Partial Release of Lien. By action of the Board this ~ day of ., 1998. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONER COLLIER COUNTY, FLORIDA By: BARBARA B. BERRY, Chairman This instrument prepared by: Heidi F. Ashton, Assistant County Attorney Office oD, he CounTy Attorney 3301 East Tamiami Trail, 8'h Floor Naples, Florida 34112 h:\HG/HFA/MISC.~Pamal Release of Lien-Joan Quinn 2 APR 0 ? 1998 WAIVER OF ROAD IMPACT FEES, LIBRARY SYSTEM IMPACT FEES, PARKS AND RECREATIONAL FACILITY IMPACT FEES, EMERGENCY MEDICAL SERVICES SYSTEM IMPACT FEES, WATER SYSTEM IMPACT FEES, SEWER SYSTEM IMPACT FEES AND EDUCATIONAL FACILITY SYSTEM IMPACT FEES FOR SIX (6) SINGLE FAMILY HOUSES TO BE BUILT BY HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. IN NAPLES MA.NOR LAKES A_ND TO FUND SAID WAIVERS FROM AFFORDABLE HOUSING TRUST FUND, FUND 191. To have the Board of County Commissioners authorize the payment of impact fees and to appropriate the funds for the waiver of Road Impact Fees, L~rary System Impact fees, Parks and Recreational Facility Impact Fees, Emergency Medical Service~ System Impact Fees, Collier County Regional Water Impact Fees, Collier County Regional Sewer Impact Fee~, and Educational Facility System Impact Fees, for six (6) houses to be built by Habitat for Humanity of Collier County, Inc. with funds from the Affordable Housing Trust Fund, Fund 191. CONSIDERATIONS: Habitat for Humanity of Collier County, Inc. has submitted application for waiver of impact fees for the purchasers of six (6) houses to be built in Naples Manor Lakes that will sell to very Iow income families for approximately $46,500 each. The homes will be built on the following described properties. Lot 6, Block 4, Naples Manor Lakes, Plat Book 3 at Page 86 Lot 7, Block 4, Naples Manor Lakes, Plat Book 3 at Page 86 Lot 3, Block 12, Naples Manor Lakes, Plat Book 3 at Page $6 Lot 14, Block 12, Naples Manor Lakes, Plat Book 3 at Page 87 Lot 22, Block 13, Naples Manor Lakes, Plat Book 3 at Page 87 Lot 23, Block 13. Naples Manor Lakes, Plat Book 3 at Page 87 Habitat for Humanity of Collier County, Inc. has certified that the applicants will meet the requirements under the Impact Fee Waiver Ordinances as very low income, first time home buyers to qualify for Affordable Housing Impact Fee Waivers. FISCAL IMPACT: Funding for the proposed impact fee waiver is available in the Affordable Housing Trust Fund, Fund 191-138785. The total amount of impact fees requested to be waived is $37,017.12. Impact fee charges for the six (6) houses in Naples Manor Lakes would be iter~ APR 0 7 998 Executive Summary Habitat for Humanity of Collier County, Inc. Page Two a) Library System Impact Fee $ 180.52 $1,083.12 b) Road Impact Fee 1,379.00 8,382.00 c) Parks & Recreational Impact Fee 1) Community Parks 399.00 2,394.00 2) Regional Parks 179.00 1,074.00 d) Emergency Services Impact Fee 14.00 84.00 c) Water Impact Fee 900.00 5,400.00 0 Sewer Impact Fee 1,340.130 8,040.00 g) School Impact Fee 1.778.00 10.668.00 TOTAL IMPACT FEES $6,169.52 $37,017.12 GROWTH MANAGEMEN~r IMPACT: The impact fee waivers will bring reliefto the buyers of housing for very low income families in compliance with policy 1.5.2 ofthe Housing Element of the Growth Management Plan. RECOMMENDATION: That the board of County Commissioners approve the Resolutions and Agreements authorizing the waiver of impact fees for six (6) homes to be built in Naples Manor Lakes by Habitat for Humanity of Collier County, Inc. for very Iow income buyer~ and to pay for these impact fee waivers with State Housing Incentive Partnership [SHIP] program revenue funds. GM/jd/03/I 3/98 PKEPAKED BY: .- Greg ~, Director Hous~n~ and Urban Improvement Date Vincent A. Cautero, AICP, Administrator Community Dev. And Environmental Svcs. jc~'edrmple~ manor Date KESOL~ON NO. 9~- . P, ESOLUT~ON OF THE BOA,KD OF COUNTi' COMMISSION'ERS, COL~ CO~, ~O~A, A~O~O W~ OF ~GION~ WA~ SYS~M ~A~ ~ES. ~GION~ S~R SY~M ~A~ ~ES. L~Y SYS~M I~A~ ~, P~ ~ FACIL~ES IMPA~ FEES. KO~ ~A~ ~ES, ~E~G~ MEDIC~ SEKVICES ~PA~ FEES ~ ~UCA~ON~ FA~L~S SY~M IMPA~ FEES F0~ 0~ HOUSE T0 BE CONS~U~ BY ~AT FO~ ~~ OF COLLIER CO~, ~C~ ON LOT ~, BL~ ~, M~OR ~S, N~L~, FLORA. ~E~AS, Colli~ Co~ ~ ~i~d and a~pted ~o a~ ~e ~k of~ ~ affable houiing for m~te, Iow, ~ v~-low income ~hol~ in ~ Co~ ~d ~ n~d for ~fi~ ~d ~o~fi~ ;:~o~mg to nisi%t m ~he pro.sion of s~ch hou%ing ~y including gveml ~ovision~ m ~ Collig Co~ 1.5, and ~hcy 2.1.6 of the Housing Elem~t; WHE~AS, Collier Coun~ ~ received f~ding p~s~nt to the State Housing ~it~tives P~mhip i'ro~m set fogh in Section 420,907 et se~., ~ofi~ S~tes ~d ~ptg 91-37, Flofi~ ~minis~ti~ ~e; g~E~AS, in nccor~nce ~th Collier Co~ Ordinate No. 93-19, ~e ~ :'=ndmg ~om the Sate Housing ImU~tivei P~p [SH~] Prog~m for w~ivers of Collig Co~W impact fees; WHE~AS, Habitat for HumamW of Collier Co.W, Inc, i~ seeking a waiv~ of impact WHE~AS, H~b~tat for H~maniw of Collier Count, Inc. wlll cons~ct one (1) ~e-~dr~m unit (~e ~,¥ellmg Unit") on Lot 6, ~i~k 4, Naples M~aor Lnke~ which is pro~d to for Fo~-S~x Five ~:,ndred Dollars (~6,500,00); and WHEREAS, the Dwelling Umt will ~ purchased by a ve~ Iow income household which i~ ~quired to . ~t a mm~mum of five hundred {500) hours of "Sweat Equity" before ~t obtain! t~tle to ~he house; and gg~E~AS, Mr. Charles C. Smith, V~ce President of Habitat for H~mamW of Colher Coun~', ..~m~ued to the Office of Ho~smg and Urban Improvement an Affordable Housing Apphcauon dated J~ 27, :,)98 for a waiver of ~mpact fee~ for th~ cons~ction ora house on Lot 6, Block a, Naples Manor Lake%. a co~y of · =~d apphcation ~s on file m the Housing ~nd Urban Improvement Depa~,~nt; and WHEREAS, m accordance with Section 3.04 of the Regional Water System Impact Fee ~dmance, O~d~nance No. 90-86, ai ~mended; Section 3,04 oflhe Regional Sewer System Impact Fee ~dinance. ~o. 90-~7. as ~mendcd; Secuon ~.0~ of the Libr~ System Impact Fee Ordinance, Ordinate .:menfled; Sccuo~ 4.05 of the Parks and Recre~tion~l Facilities Impact Fee ~dia:nce, ~di~ce No. =m~nded; Section 3.04 of lhe Ro~d Impact Fee ~d~ce, ~din~nce No. 92-22, a~ am~ded; Section 3.05 of ~e ~merg~ncy Medical Sc~ice~ Sys~m Impa=~ Fee ~din~ce, Ordinance No. 91-71, ~ am~ded; ~d Section 3.05 of :h~ Educational Facflme~ System Impact Fee Odi~ce, ~dinance No, 92-33, a~ amended; ~ applic~t ~y ob~in ,¥a~vcr oftmp~ct fees by q~lifymg for a waiver; and APR 0 7 1998 WH. EREAS, Habitat for Eum~iry o/Collie' County, L~. b,u qutlified for an imps:t fee waiver based upon fol'loW"ng rrpresentations made by Habiut for I-lum~ty of Collier County, lng.: A. The Dwelling Unit shall be ~Id to a fu)~*lim~ home buyer, B. Thc Dwelling Unit shall be ~old to a hou~hold with a very low income level u that ~ is de£med tn thc Apper,&ces to the respective Impam Fcc Ordh"~nces ~md the monthly payment to purchase the umt must be w~thin the effor~ble housing guidelines established in the Appen~ces to the respectr.'c Impact Fcc OTdinxnccs. C. Thc Dwclhng Unit shall be the Homestead of the ov.-ner. D. Thc Dwelhr, g Umt shall remain affordable for fifteen (15) yeats from the date the certificate of occupancy ~s issued. NOW THERJEFOKE. BE IT RESOLVED BY THE BOARD OF COL,,'NTY COMMISSIONERS OF ,-OLLIER COL~TY, FLOR.IDA. that: I. The Board of County Commissioners hereby authorizes the County Manager to issue an Authorization for waiver of impact fees to Habitat for Humanity of Collier County. Ina. for one (!) house which shall be constructed on Lot 6, Block a, Naples Manor Lakes, Collier County. FlOrida. 2. Upon receipt by the Housing and Urban Improvement D~rector of an agreement for wltV~l- of tmpact fees s~gned by Hah,at for Human,ty of Colher County. inc.. an$or the purchaser, or other documentation a:cep:able to the Count)' ^ttomey. the Board of County Commisstonets hereby au:hor:zes the pa.'.ment by Colher County. of the follo~ mg ~mpact fees from the Affordable Housing T:'us: Fun~. Fund (191). m the following amounts for the one (1) house to be buth on Lot 6. Block a. Naples Manor Lakes by Habitat for Humamty ofColher Coun,'}', Inc.: A L~b:a~' Impact Fee $ 180.$2 B Roal lmpa¢: Fee 1.]~79.00 C. Parks and Recreational Facflmcs lm3~c: Fee: ( I } Community Parks 399.00 (2) Regional Parks 179.00 D. EM~ ],"npact Fee 14.00 E Edu:anonal Facilities System Imgaet Fee 1.778.00 F. Water Impact Fee 900.00 G. Seu, er lmpacl Fee ~13.10 00 TOTAL I.'qPACT FEES S6,1fi9.$2 Tn." pa}men: of impact fees by Colher Count)' Is subject to the execution and recorda:~on of an agreemem ;'or ~,a~x'cr of Colhcr Count)' Impact Fees between the property ov.-ner anti, or purchaser and ~he Count' - 2 - APR 0 7 1998 4 DATED: T~qGI"I'T E. BROCK. Clerk .4 Approved ~S tO form ~nd 2: ..~,ssistan! County Anom~y BOARD OF COUhrr~ COMMLSSIONE~ COLLLER COUNTY, FLOR/DA By:. = 3 - APR 0 7 1998 EXHIBIT LEGAL DESCRIFTION LOT 6 OF BLOCK ,~, NAPLES MANOR LA.ICES, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 3, AT PAGE 86, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA, APR 0 ? 1998 {~ .'~T R[V1S!ON: ZONINO , I a, OEPK)~ I"..,E f,,4~ APR 0 7 1998 - ~: [[ [ ] II[llll - Il Ill Ill I .......... ~ .......... II ..... · AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This A~eement for the Waiver of Impact Fees entered into t~s _ day of__ between the Board o£ County Commissioners of Collier County, Florida, he as "COUNTY" and Habitat for Humanity of Collier County, Inc., hereb WITNESSETH: WHEREAS, Collier County Ordinance No. 90-g6, as amended, the Collier County Regional Water System Impact Fee Ordinance; Collier County Ordinance No. 90-8?, as amended, the Collier County Regional Sewer System Impact Fee Ordinance; Collier County Ordinance No. $8-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. $8-96, as amended, the Collier County Pa~ks and Recreational Facilities Impact Fee ©rdin~ce; Collier County Ordinance No. 91-71, as amended, the Collier County Emergency Medical Services System Impact Fee Ordinance; Collier County Ordinance No. 92-22, as amended, the Collier County Road Impact Fee Ordinance; and Collier County Ordinance No. 92-33, as amended, the Collier County Educational Facilities System Impact Fee Ordinance, as they may be further amended from time to time hereina~er collectively referred to as "Impact Fee ©rdinance", provide for waivers of impact fees for new owner-occupied dwelling unit qualifying as affordable housing; and WH£KEAS, ©W'I'~R has applied for a waiver of impact fees as required by the Impact Fee Ordinance, a copy of said application being on file in the office of Housing and Urban Improvement; and Vv'HEi~EAS, the County Manager or his designee has reviewed the OVFI~ER.'s application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualiSfing the ,ii, GENOA project as eligible for an impact fcc waiver; and '~.. ~ APR 0 ? 1998 ,mnmmmm~ WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 98- at its regular meeting of ,1998; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") is attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordance with the standards set forth in the appendices to the Impact Fee Ordinance for a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. 4. REPRESENTATIONS AND WARRANT,S. OWNER represents and warrants the following: a. bo The Dwelling Unit shall be sold to a household with a very low income as defined in the appendices to the Impact Fee Ordinance and his/her monthly payments to purchase the Dwelling Unit shall be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; The Dwelling Unit shall be sold to a first-time home buyer; The Dwelling Unit shall be the homestead ofowner; The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $6,169.52 pursuant t~ Ordinance. In return for the waiver of the impact fees - 2 - wed by OWNER, APR 0 7 1998 ". . OWNER. covenants and agrees to comply with the affordable housing impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER. If OWNER sells thc Dwelling Unit subject to thc impact fee waiver to a subsequent purchaser, thc Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY. 7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the effective date of this Agreement; which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement. 8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or upon payment of the waived impact fees, the COUNTY shall, at the expense of the COUNTY, record any necessary documentation evidencing the termination of the lien, including, but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall be binding upon the panics to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by girl of the Dwelling Unit, the original OWNER shall remain liable for the impact fe~s waived until said impact fees a'e paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shail remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida, within fifteen (15) days after execution of this Agreement by the Chairman of the Board of County Commissioners. 11. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER fails to sell the Dwelling Unit in accordance with the affordable housi~ -- 3 sla~:l~ [ APR 0 ,,,,. ___! q~lification criteria established in the Impact Fee Ordinance and thereafter fails to pay the impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER, violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after notice of the violation. 12. REMEDIES. Should the OWNER` of the property fail to comply with the said qualification criteria at any time during the fifteen (I5) year period or should OWNER` violate any provisions of tkis Agreement, the impact fees waived shall be pai.d in full by OWNER` within thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fifteen (15) years from the date of issuance of the certificate of occupancy or until repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on parity with the lien of any such County taxes. Should the OWNER be in default of this Agreement and the default is not cured within (30) days after written notice to O~rNER, the Board may bring a civil action to enforce this agreement In addition, the lien may be foreclosed or other, vise enforced by the COUNTY by action or suit in equity as for the foreclosure of a mortgage on real property. This remedy is cumulative with any other right or remedy available to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys fees, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for judl~rnents calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. Witnesses: Print Name HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. 'C~h~les C. S~Jice President APR 0 ? 1998 -- 4 -- DA'TED: ATTEST: DWIGHT E. BP, OCK, Clerk BOARD OF COUNTY COMMISSlO~ COLLIER COUNTY, FLORIDA By:, Barbara B. Ben'y, Chairman Approved as to form and legal sufficiency Heidi F. Ashton Assistant County Attorney STATE OF Elo. zkl~~) COUNTY or The foregoing instrument was acknowledged before me this ..,~. fy/ day of ~P~"~Tt., 1998 by Charles C. Smith, Vice President of Habitat for Humanity of Collier County, Inc. He is--personally known to me. [NOTARIAL SEAL] Signat..~'~ of Person Taking Acknowl~gment Name of Acknowledger Typed, Printed or Stamped j o/.',,"Ni DId. Bh'Y NGT,.'-2RY FUDLIC STAT~ OP C'O.~;~. L,~ION .'40. l~'~' CC?./..'~i~,SlCN EXP. jd./gm/c/naples manor lakes/agree E~q'IBIT "A' LEGAL DESCRIPTION LOT 6 OF BLOCK 4, NAPLES MANOR LAKES, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 3, AT PAGE 86, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLOR/DA. - 6 APR 0 ? 1998 ._0 TH Ir R_~ '-/~_-_<[.~Z_ C : Ne. ~ APR 0 7 1998 REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF TERRACINA AND APPROVAL OF THE PERFORMANCE SECURITY OBJECTIV$: To approve for recording the final plat of Terracina. CONSID~RATI0~$. The Board of County Commissioners on March 21, 1995 approved the final plat of Overbook at the Vineyards (now known as Terracina) with the stipulation that the plat not be recorded until security was provided to ensure completion of the required subdivision improvements. FISCAL IMPACT: The fiscal impact to the County is listed below. project cost is $336,925.60, to be borne by the developer. The The security amount, equal to 100% of the cost to complete the remaining improvements and 10% of the total cost of the project, is $33,692.56. The developer has provided a Letter of Credit as the required security. The County will realize revenues as follows: Fund: Community DDvelopment Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $16,950.12 Fees are based on a construction estimate of $350,900.00 and were paid in March, 1995 and are reflected in the Executive Su~.~%ary of March 21, 1995. APR 0 7 1998 I __ Executive Su:.'~ary Terracina Page 2 ~ROWT]{ ,MANAGEMENT IMPACT= None ~C0M~TDATION, That the Board of County Commissioners approve the final plat of "Terracina", with the following stipulations: 1) Accept the Letter of Credit as security to guarantee completion of the Subdivision improvements. 2) Authorize the recording of the final plat of "Terracina". 3) Authorize the Chairman to execute the attached Construction and Maintenance Agreement. 4) That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. 5) That a revised Letter of Credit is approved by the County Attorney's office prior to recording of the plat. PREPARED BY: John R. Houldsworth, Senior Engineer Engineering Review Date REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Manager Robert Mulh~re Direc r- Planning S~es Vincent A. Cautero, Administrator Community Development & Environmental Services Community Dev. and Environmental Svcs. DIVISION Date Date Date APR 0 ? 1998 0 . :1 H COLLIER COUNTY LAND DEVELOPMENT CODE CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDMSION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDMSlON IMPROVEMENTS entered into this ~ day of y~Y',~t~ ,199_~._. between Vineyards Development Corporation hereinafter referred to as "Developer," and the Board of County Commissioners of Collier County, Florida, hereinafter referred to as the "Board." RECITALS: A. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board of a certain plat of a subdivision to be known as: Terracina at the Vineyards B. Division 3.2 of the Collier County Land Development Code requires the Developer to post appropriate guarantees for the construction of the improvements required by said subdivision regulations, said guarantees to be incorporated in a bonded agreement for the construction of the required improvements. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer and the Board do hereby covenant and agree as follows: 1. Developer will cause to be constructed: Roadway, drainage and sewer improvements within six {'6) months from the date of approval of said subdivision plat, said improvements hereinafter referred to as the required improvements. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A" and by reference made a pad hereof) in the amount of $33,692.56 which amount represents 10% of the estimate cost to complete the required improvements at the date of this Agreement. CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS In the event the Developer shall fail or neglect to fulfill its obligations under this Agreement, upon certification of such failure, Ihe County Administrator may call upon the subdivisions performance security to secure satisfactory completion, repair and maintenance of the required improvements. The Board shall have the right to construct and maintain, or cause to be constructed or maintained, pursuant to public advertisement and receipt and acceptance of bids, the improvements required herein. The Developer, as principal under the subdivision performance security, shall be liable to pay and Io indemnify the Board, upon completion of such construction, the final total cost to the board thereof, including, but not limited to, engineering, legal and contingent costs, together with any damages, either direct or consequential, which the Board may sustain on account of the failure of the Developer to fulfill all of the provisions of this Agreement. Ail of the terms, covenants and conditions herein contained are and shall be binding upon the Developer and the respective successors and assigns of the Developer. IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this Z,.1''''''¢ day of ~_..~ .199. ~ ' SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: Pdnted or Typed Name._ / Printed or Typed Name VINEYARDS DEVELOPMENT CORPORATION Michel Saadeh j Pdnted or Typed Name President & CEO Title ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Deputy Clerk By: Chairman Approved as ~.,],f_,/ /! t9 form and legal sufficiency: CountC'Attomey COhlSTR',JCTiON AND MAIhlTENANCE · ';=E=_M:,,T =,--'_~ SU3~IVIStON IMPROVEMENTS APR 0 7 1998 PAGE 3 i 5!.48,577 J HARC.H 24, 1998 I'HAREH 20,'19~? J BOARD OF COUNTY CO~MIS~IONERS, ' COLLIER COUNTY, FLORIDA C/O OFF,CE OF' 7HR'COUNTY J ATTORNEY, COLL~E~ COUNTY COI;RrHOUSE COMPLEX NAPLES, FL 33~62 UE HEREIY OPEN OUR ~RREVGC,~LE STANOBY LETTER OF:CREDiT ~N ~OUR FAVOR FOR THE ACCOUNT OF VINEYARDS OEVELOPHENT CORPORATION, VIN.EYAR~S BOULEVARD, HAPLES FL 2399~ IN THE AGGREGATE AMOUNT USO 33,492.56 (tJNITE~ STATES DOLL~S THIRTY THREE THOUSANO' HU~DREO NINETY ~UO 56/100).AVAILABLE BY.PAY~ENT OF YOUR DOCUMENT(S): A STA~E~'E~T DP, TED AND ~UEPORTEDLY ~ICNE~' BY'THE OF A SU~DiL'ISION KNO:JN AS ~'ERRACINA ~.T THE..t~INE~AROS PLAT. PRIO[~ TO T',-iE OAT[ CF EXPIRY ANO SATISFACTORY ALTERNATIVE PERFORMANCE SECURITY HAS NOT BEEN pROVIDED TO A~0 FORMALLY ~CwE:Tc~ B'f THE BOARD OF COUNIY COMMISS1ONE~, CO~LIEE COUNTY FLOR!gA, TH~EEF'[}RE PE OEP. AND ;'AYM~HT I'N TH~ AMOUNT O~ OUR ACCOMPA~Y ING D~FT" . T~-:~ o~.i(_:zr.;nL oF THIS.LETIER OF CREDIT WHICH DILL-' 8Z RETURH:D TG THE LETTER OF ORE'BIT HAS NOT EXPIRED. !T iS A CGNOT. TiON CF TH~S LETTER OF CREDIT .THAT ~T SHALL B~' DEEHEO ADI'OMAI'iCALLY EXTENOEO WITHOUT AMENOMEN~ FOR ONE YEAR FROH THE' 7RESENT OR ANY FUTURE EXPIRY gATE (60) ~AYS PRIOR TO ~UCH EXP~RAT;ON BATE, UE NOTIFY .YOU ~RITING ~Y CERTIFIED HAiL OR. FX~=EES COLIRIZR THAT'WE ELECT NOT THIS IR,-'.EVC;CAGLF.{ L~:TI'-'-'H OF CREDIT ~ETS FORTH IN FULL THE OF' our< UN[].?..r~TAI(tNS. Ti-liD UNDERTAKING SHALL NOT IN ~.NY;%IAY MODIFIEO, ~,M.I:~NL'~£O, OR AHPLIFIEO aY R~FE~NCE TO ANY DECUMENT OR CCNTR~CT F~EFERREG ~0 HEREIN. ., UE HEA.'~,9'Y ~G'~EE U;TH YOU THAT D~AFT('S).D~A~N ~NGER AND ~N '' COMPLIANCE UIT[-I TH~ TERMS AND CONDITIONS OF THIS CREDIT SHALL [; CN NE'×T PAOB: W:-IlCH FORMS AN iNTEGRAL:PART L.'/T'rER OF CREO'rT APR 0 7 1998 ZR,~EUOCAP, LE ~TANDB~ LETTF'R OF. ~P.F.D~T S~4EI&7? MARCH "'4, ~999 '. NO. 2 SOUTH TR'fON STREET, IHTE~NAYIONAL H?, CNARLDTTEo HC 28283-0742 ON OR 8EF'ORE THE ABOVE STATED EXPIRY DALE. DRAF~¢S) DRA~N UNDS~,, THIS C~EDiT HWST SPECI[ICALLY REFERENCE OUR.CREDIT NUHBER. \ - 'EXCEPT AS OT:-!ERUISE EXPRESSLY STATED HEREIN, TH~ LETTER OF CREDIT I5 SUBJECT TO THE'UN~FORH CU~TOM~ AND PR4CTICE FO~ OOCUMENTARY CREDITS, ESTABLISHED S¥ THE INTERNATIONAL CHAM~ER OF CO~MERCE, ~S IN EFFECT ON TH~ ~ATC CF ISSUANCC. OF THiS CREDIT. $INCEREL.Y; ~.. [ ,6_' .... ~. ,-,-'~'~---- po~t-lt' brand tax tra~sm~lal memo APR 0 7 1998 " Pg F EXECUTIVE SUMMARY WAIVER OF ROAD IMPACT FEES, LIBRARY SYSTEM IMPACT FEES, PARKS AND RECREATIONAL FACILITY IMPACT FEES, EMERGENCY MEDICAL SERVICES SYSTEM IMPACT FEES AND EDUCATIONAL FACILITY SYSTEM IMPACT FEES FOR A SINGLE FAbIILY HOM'E TO BE BUILT BY RICHARD A. AND LAURA L. CARLETON AND TO FUND SAIl WAIVERS FROM AFFORDABLE HOUSING TRUST FUND, FUND 191. To have the Board of County Commissioners authorize the payment of impact fees and to appropriate the funds for the waiver of Road Impact Fees, Library System Impact fees, Parks and Recreational Facility Impact Fees, Emergency Medical Services System Impact Fees, and Educational Facility System Impact Fees, for one house to be built by Richard A. and Laura L. Carlcton with funds from the Affordable Housing Trust Fund, Fund 191. CONSIDERATIONS: Richard A. and Laura L. Carleton have submitted application for waiver of impact fees for a house to be built in Golden Gate Estates. Applicants meet the requirements under the Impact Fee Waiver Ordinances as very low income, first time home buyers to qualify for Affordable Housing Impact Fee Waivers. FISCAL IMPACT: Funding for the proposed impact fee waiver is available in the Affordable Housing Trust Fund, Fund 191-138785. The total amount of impact fees requested to be waived is $3,929.52. Impact fee charges for the house in Golden Gate Estates would be itemized as follows: a) Library System Impact Fee $ 180.52 b) Road Impact Fee 1,379.00 c) Parks & Recreational Impact Fee 1) Community Parks 399.00 2) Regional Parks 179.00 d) Emergency Services Impact Fee 14.00 e) School Impact Fee 1.778.00 TOTAL hMPACT FEES $3,929.52 GROWTH MANA ~, N ' The impact fee waivers will bring relief to a very Iow income family in compliance 1.5.2 of the Housing Element ofthe Growth Management Plan. ~OMMEN~DATION: That the board of County Commissioners approve the Resolution and Agreement authorizing the waiver of impact fees for a home to be built in Golden Gate Estates by Richard A. and Executive Summary Richard A. and Laura L. Carleton Page Two Laura L. Carleton, a very low income family and to pay for these'impact fee waivers with State Housing Incentive Parmership [SHIP] program revenue funds. '~ . GM/id/03/24/98 . ' PREPARED BY: ~r:~sinM~l~e~2~e C:°mrprovem ent ~ ~DB~ ~ C~mmunity D~¥. And Knvimnm~nt~! $vc$. jcl/c/carlton APR 0 ? 1998 ? 9 10 ll I2 15 16 I? 19 20 26 27 28 29 30 KESOLUTION NO. 9~- RESOLLTION OF THE BOARD OF COU%-FY COMM]SSIO*'ERS, COLLIER COL.'NTV, FLORIDA, AUTHORIZ2'NG WAIVER OF LIBRARY SYSTEM IMPACT FEES, PARKS A,X,'D RECREATIONAL FACILITIES IM, PACT FEES, ROAD ~,f?ACT FEES, EMERGENCY MEDICAL SERVlCES IMPACT FEES A~'D EDUCATIONAL FACILITIES SYSTEM IMPACT FEES FOR ONE HOUSE TO BE CONSTRUCTED BY RICHARD A. AX'D LAURA L. CARLETON AT 1790 IrsTM AVE,~TUE N. E.. IN GOLDEN GATE ESTATES, COLLIER COUNTY, FLORZDA. 31 32 34 35 36 .37 38 WHEREAS, Collier County has recognized and anempted to address the lack of adequate and affordable housing for mcxterate. Iow. and very.low income households m the County ~ the need for creative and innovative programs to assist in the pro,,~s~on of sach housmll bi,.' including so. eral provisions in the Collier County Grov,'~h Management Pla.".,. ~r,xludm~ oblectt,,e l.,l. pohcy IA.l; objective 1.5, policy 1.5.2, policy 1.5.3. policy 1.5.,,I. polio I ~ 5. pohc) I $ 6. ob.~ec',Jve i.6, policy 1.6.3; objective 2.1, policy 2.1.1. policy 2.1.2, polic)' 2.1.3. pol~)'' 2.1..~. md policy 2.1.6 of the Housing Element; and WHEREAS, Collier County ha~ received funding pu~uant to the State Housing Initiatives Pannership Program set forth in Section 420.907 et. seq.. Florida Statutes and Chapter 91-37, Florida Administrative Code: and WHEREAS, in accordance with Collier Coum) Ordinance No 93-19, the County is authorized to use funding from the Sta~e Housing Initiatives Partnership [SHIP] Program for waivers of Collier County impact fees: and WHEREAS, Richard A. and Laura L. Carleton are seeking a waiver of impact fees; and WHEREAS, Richard A. and Laura L. Carleton will construct a three (3) bedroom unit (the "Dwelling Unit") at 1790 18~ Avenue N. E., Golden Gate Estates in Collier County, Florida which is proposed to sell for Sixty Thousand Dollars (S60,00.00); and WHEREAS, the Dwelling Unit will be owned by a very Iow income household, and WHEREAS, Richard A. and Laura L. Carleton submitted to the office of the Housing and Urban Improvement Department an Affordable Housing Application dated Februar), 27, 1998 for a waiver of impact fees for the construction of a house at 1790 15"' N. E., Golden Gate Estates in Collier County, Florida, a copy of said application is on file in the Housing and Urban Improvement Department; and WtlEREAS, in accordance with Section 3.0~ of ~he Library System Impact Fee Ordinance, Ordinance No. 88-97, as am~ded; Section 4.05 of the Park~ ~d Recreational Faeilitie~ Impact Fee Ordinance, Ordinance No. 88-96, as amended; Section 3.04 of the Road Impact Fee Ordinance, Ordinance No. 92-22, as amended; Section 3.05 of the Emergency Medical Ser~'ices Sy~em Impact -1- APR 0 ? 1998 12 13 14 15 16 17 15 19 21 23 24 25 26 27 28 29 30 31 32 33 34 35 .'.6 1 Fcc Ordinance, Ordinance No. 91-71, ~.i ~mended; and Section 3.05 of the Educational Facilities 2 System Impact Fee Ordinance, Ordinance No. 92-33, as amended; an applicant may obtain a waiver 3 of impact fee,: by qualif)'ing for a waiver; and 4 V~TIEREAS, Richard A. and Laura L. Carleton have qualified for an impact fee waiver based upon the following r~resentations made by Richard A. and Laura L. Carleton: A. The Dwelling Unit shall ~ owned by a fuji-time home buyer. B. The Dwelling Unit shall b~ owned by a household with a v~'y low income l,vel as that term is defined in thc Appenctic~s to the respective Impact Fee Ordintnees and the monthly payment to purchase the unit must be within the affordable housing guidelines established in the Appendices to the respective Impact Fee Ordinances. C.The Dwelling Unit ,=hall be the Homestead of the owner. D. The Dwelling Unit shall remain affordable for fifteen (15) years from the date the certificate of occupancy is issued. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY CO?,E',IISSIO.NERS OF COLLIER COUNTY, FLORIDA, THAT: I. The Board of County Commissioners hereby authorizes the County Administrator to issue an Authorization for waiver of impact fees to Richard A. and Laura L. Carleton for one (1) house which shall be constructed at 1790 8'~ Avenue N. £., Golden Gate Estates. in Collier County, Florida. 2. Upon receipt by the Housing and Urban Improvement Director of an agreement for waiver signed by R/chard A. and Laura L. Carleton. or other documentation acceptable to the County Attorney, the Board of County Commissioners hereby authorizes the payment by Collier County of the following impact fees from the Affordable Housing Trust Fund, Fund (191), in the following amounts for the one (1} house to be built at 1790 18' Avenue, N. E., Golden Gate Estates in Collier County, Florida by Richazd A. and Laura L. Carluon: A. Library Impact Fee S 180.52 B. Road Impact Fee 1,379.00 C. Parks and Recreational Facilities Impact Fee: (1) Regional Parks 179.00 (2) Community Parks 399.00 D. EMS Impact Fee 14.00 E. Educational Facilities System ]mpac! Fee S 1_778.00 Total Impact Fees S 3.929.S2 -2- AGE,gA BEM APR 0 ? 1998 2 3. The payment of impact tees by Collier Counly is .subject to the execution ~nd recordation o£ a~ Affordable Housing Agreement I'or payment or' Collier County Impact Fees ber*'ecn the proper~y owner and/or purchaser ~nd the County. This Resolution adopted after motion, second and majority vote favoring same. DATED: 9 ATTEST: I0 DWIGHT E. BROCK, Clerk 11 12 13 14 15 16 17 1S Approved as :o form and 19 legal sufficiency: 20 21 24 26 _9 30 Heidi F. Ashton Assistant Count)' Auemey .)c~ f, ri-K) c~'1~on BO.,kRD OF COU.':NTY CO.M.MISSIONERS COLLIER COU.'NTY. FLORIDA By:, Barbara B. Berry, Chairman -3- APR 0 ? 1998 _ pg.... 2~". . 1 6 7 $ 9 12 13 16 17 19 20 21 23 2a 25 26 27 29 30 EXHIBIT "A" EXItlBIT LEGAL DESCRIPTION RICHARD A...MN'D LAURA L. CARLETON RESIDENCE THE EAST 105 FEET OF THE EAST 180 FEET OF TRACT 28, GOLDEN GATE ESTATES, UNIT NO. 25, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 7, PAGES 13 AND la, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. -4- ".. V_~./t Y' APR 0 ? 1998 ?sSe 2 of 2 1 APR 0 ? 1998 AGREEMENT FOR WAIVER OF 100% OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into this _ da.',' of 1998, hereinafter referred to as "COUNTY" and Richard A. and Laura L. Carleton hereinafter referred to as "OV,,'NER." WITNESSETH: 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 Ordin,'mce; Collier Count.,,' Ordinance No. 92-22. as amended, the Collier Count.,,' Road Impact Fee Ordinance; and Collier Cot,hr.,, Ordinance No. 92-33. as amended, the Collier Count.',' Educational Facilities System Impact Fee Ordinance. as the.,,' ma.,,' be further amended from time to time hereinafter collectively referred to as "Impact Fee Ordinance", provide for waivers of impact fees for new owner-occupied dwelling units qualifying as affordable housing; and WttEREAS. OV,~,~ER has applied for a waiver of impact fees as required by the Impact Fee Ordinance. a copy of said application is on file in the offi,:e of Housing and Urban Improvement Department; and WttEREAS, the County Administrator or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the lmpac Ordinance qualifying the project as eligible for an impact fee waiver; and APR 0 '7 1998 WHEREAS, the COUNTY approved a waiver of impact fees for at its regular meeting of_ OWN~ER embodied in Resolution No. 98- ... 1998; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") is attached hereto as Exhibit "A" and incorporated by reference herein. 3. TEIL%I. OWNER agrees that the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordance with the standards set forth in the appendices to the Impact Fee Ordinance for a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. 4. REPRESENTATIONS AND %VARRANTIES. OWNER represents and warrants the following: a. Ow,ncr maintains a household with a very Iow income as defined in the appendices to the Impact Fee Ordinance and the monthly payments to purchase the Dwelling Unit must be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; b. Owner is a first-time home buyer, c. The Dwelling Unit shall be the hOmestead of oxvner;, APR 0 ? 1998 d. The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued/'or tt~e Dwelling Unit: and e. OWNER is the ov,'ner of record of the Dwelling Unit and owes impact fees in the total amount of S~ dollars pursuant to the Impact Fee Ordinance. In return for the waiver of the impact fees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. SUBSEQUENT TRANSFER. If O',,VNER sells the Dwelling Unit subject to the impact lee waiver to a subsequent purchaser or renter, the Dwelling Unit shall be sold only to households meeting the e,'iteria set fo,'th in the Impact Fee Ordinance. AFFORDABLE REQUIREMENT. The Dwelling Unit mu:;t be utilized for affordable housing for a fifteen (15) year period alter the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY. LIEN. The waived impact fees shall be a lien upon the property which lien may be £ore¢losed upon in the event ot" non-compliance with the requirements of this Agreement. RELEASE OF LIEN. Upon satisfactory completion of' the Agreement requirements and fifteen (15) years alter the date of issuance of the certificate of occupancy, or upon payment or the waived impact fees, the COUNTY shall, at the expense oi' lh¢ COUNTY, record any necessary documentation eviden¢i~ termination of the lien, including, but not limited to, a release or,lien. APi 0 ? 1998 I.._2.. Io..____ effective date of this Agreement and continuing for fifteen (15) BINDING EFFECT. This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived until said impact fees are paid in fifll or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of Section $ are satisfied. I0. 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. 1. DEFAULT. OWNER shall be in default of this Agreement (1) ,,,,,here OWlxrER. fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after notice of the violation. 2. RENIEDIES. Should the OWNER ofthe property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within 30 days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling unit commencing on the ~ear~ 4 APR 0 ? 1998 ._... II 4_. from the date of issuance of the certificate of occupancy or until repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on parity with the lien of any such County taxes. Should the OWNER be in default of this Agreement, and the default is not cured within thirty (30) days after written notice to OWNER, the Board may bring civil action to enforce this Agreement. In addition, the lien may be foreclosed or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a mortgage on real property. This remedy is cumulative with any other right or remedy available to the COUNTY. The Board shall be entitle to recover all attorney's fees, incurred by the Board in enforcing this Agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and 3'ear first above written. OWNER: Richard A. Carleton STATE OF., -~7,~. ~ ) COUNTY OF d/~//.-'~..~J~ ) The foregoing instrument was acknowledged before me this ....~¢': _ day of ./~'~'5¥ ,,- /2, ., 1998, by Richard A. Carleton. He is personally known to me or produced.? ~.q.Y.o,~.?-6(.,',r~-~ (type of identification) as identification. [NOTARIAL SEAL] STATE OF - '~-,.,~. -,_ COU~TY 0~ d'~ The foregoing instrument was acknowledged before me this...~c." day of ,.,-Y,~?~ ..,~.,-A., ,1998, by Laura L. Carleton. He is personally known to me or produced ,O:.~("~. Kq-~,z-~-~<-- (type of identification) as identification. [NOTARIAL SEAL] DATED: ATTEST: D\\qGHT E. BROCK, Clerk ure of Person-Takin~ Acl~_owledgment BOARD OF COUNTY-CO~fl~gr0NER COLLIER COUNTY, FLORIDA By:. Barbara B. Berry, Chairman Approved as to form and legal sufficiency Heidi F. Ashton Assistant County Attorney j6/f/agreemenVcarhon APR 0 ? 1998 __.o. /0 ___ Page 1 o£ 2 EXHIBIT "A" LEGAL DESCRIPTION RICHARD A. AND LAURA L. CARLETON RESIDENCE THE EAST 105 FEET OF THE EAST 180 FEET OF TRACT 28, GOLDEN GATE ESTATES, UNIT NO. 25, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 7, PAGES 13 ANrD 14, OF THE PUBLIC RECORDS OF COLLIER COb~TY, FLORIDA. 7 APR 0 ? 1998 Pa~e 2 o~ 2 EXECUTIVE SUMMARY APPROVE AN ALTERNATE ROAD IMPACT FEE CALCULATION FOR THE NAPLES HERITAGE GOLF AND COUNTRY CLUB (NHGCC) DEVELOPMENT. OBJECTIVE; To present to thc Board thc results of a developer's alternate road impact fee study and staff's analysis of same and to request the Board approve staffs proposed alternate road impact fcc for the NTIGCC. CONSIDERATION.5; Attachment No. I is the developer's Executive Stm-anary for an alternate road impact fcc study performed for thc NHGCC. Thc developer initiated this study consistent with Section 2.03 of Ordinance 92-22, as amended, thc Collier County Road Impact Fcc ordinance (the 'ordinance"). In that study, the developer used thc basic methodology set forth in thc Ordinance and provided thc following findings specific to his gated, golf-course community: Average Trip Rate - Single Family Dwellings Multi- Family Dwellings Average Total Trip Length - Average Assessable Trip Length - Average Percent New Trips - 6.43 trip ends per unit per day 4.42 trip ends per unit per day 3.13 miles per dwelling unit 2.62 miles per dwelling unit 100% per dwelling unit Staff has reviewed the developer's alternate fee study and has determined that, while the methodology is consistent with the Ordinance, the data lead to somewhat more conservative findings. Specifically, the trip generation rate determination in the study suffered from a lack of uniformity in determining whether a trip was generated from a single-family or a multi-family dwelling. However, the trip rate produced by the developer is within the range for the dwelling types provided in Trip Generation. In addition, the trip length determinations were based on a survey questionnaire that produced irregular results. Attachment No. 2 is staff's le~er to the developer indicating the direction staffwould take in presenting the developer's case to the Board. Staff analysis of the support data provided by the developer indicates that a more conservative finding would be as follows: Average Trip Rate - Single Family Dwellings Multi- Family Dwellings Average Total Trip Length - Average Assessable Trip Length - Average Percent New Trips - 6.43 trip ends per unit per day 4.42 trip ends per unit per day 5.4 miles per dwelling unit 4.7 miles per dwelling unit 100% per dwelling unit Attachment No. 3 is a set of road impact fee worksheets showing the range of road impact fees developed using both the developer's study and data results aitd staff's review and modified data results. Her~ follows a table summarizing these worksheets: Road Impact Fee Ordinance 92-22 Staff Review Alternate Study Developer's Alternate Study Single Family ~ulti Family S 1379/unit S 95lAmir $ 926/uait $ 636/unit $ 503/unit $ 346/unit Although staff's review indicates a 33% reduction i~ fee, this reduction is justified by the combination of a lower trip generation rate and the obvious internal capture of the on-site golf cours~ and other social and recreational amenities. Staff recommends tlmt the Board accepts and approves the staff-proposed alternate road impact fees for the NHGCC as presented above. APR O ? Executive Summary Approve an Alternate Road Impacl Fee Calculation for NHGCC Page 2 FISCAL IMPACT: The NHGCC project is permitted for 847 dwelling units. No specific mix of single- family or multi-family units is given in the zoning approval. Staffhas assumed, for the purpose of this section of this Executive Summary, a mix of 33% single-family units and 67% multi-family units (280 single-family and 567 multi-family). This mix is reasonably consistent with other similar projects in Collier County. If accepted by the Board, this alternate road impact fee, given the assumptions stated, would reduce the future funds available in Fund 333 ('Road Impact Fee District No. 2} as follows: Per Ordinance 92-22: Single-family Fees - Multi-family Fees - 280 units ~ S 1379/unit 567 units @ $ 951bruit Total Estimated Fees S386,120 $925,337 Per Staff Review (Case 2): Single-family Fees - Muhi-family Fees - 280 units ~ S 926/unit 567 units @ S 636/unit Total Estimated Fees ,- S259,280 · ,, S360.6 ! 2 = $619,892 Net estimated reduction in future funds available "S305.~5 GROWTH MANAGEMENT IMPACT; The alternate road impact fee reflects an appropriate impact on the arterial roadway system. There would be, therefore, no gro~',h management impact as long as the reduced revenue is offset by reduced road needs. RECOMMENDATIONS,; The Board endorse suiT's suggested alternate road impact fee;, direct sl~ffto collect the fees accordingly; confmn that this alternate road impact fee is site-specific and sl~ll not be considered a general case in that differing sets of facts wil~ult in a d.~'fent set of finding,~. PREPARED BY: ~~ DATE: :~o,,~,~,- ~ Edw~?.~~~tion Services Director Ed llschner, Public Works Adminislrator Attachments: No. 1 - Consultant's Executive Surmna~ of Alternate Road Impact Fee Study No .2 - Letter dated January 5, 1998 to Richard R. Bart, AICP No. 3 - Recapitulation of Road Impact Fee Worksheets and Worksheets ' APR 0 7 1998 - .C~'~l.l'i'l.;'"' ' ~'~ 'mmH $V(,'$. 0-8 H~P. '9 Plf 2:~2 IMPACT FEE STUDY EXECUTIVE SUMMARY NAPLES HERITAGE GOLF AND COUNTRY CLUB March, 1998 C Kimlcy-Ilom and A.~o~aC~:s, I APE 0 ? 1998 K~miey-Horn and Associates, Inc. Executive Suramary - Impact Fee Study Naples Hen'tage Golf ~ Countr/Club Thc Naples Heritage Golf and Country Club is currently being developed in Collier County as a residential golf course community consisting of single-family and multi-family dwelling units. The site, located west of County Road 951 and southeast of Davis Boulevard in Collier County, is approved for both single-family units and multi-family units. Duc to the unique character of this development, thc tripmaking characteristics of'residents are not readily associated with land classifications provided in the Collier County impact tee schedule- as single-family or multi-family dwelling units. For that reason, an Independent Transportation Impact Fee Study was prepared by Kimley-Horn and Associates, Inc. in August 1997. This study, developed in order to provide alternative trip generation rates and trip length variables for use in computing more accurate impact fees for this development, was submitted and reviewed by Collier County staff. The possible need to further analyze trip characteristics for land uses represented in the impact fee ordinance was noted in the April 1992 Transportation Impact Fee 1991 Utxtate Study performed by Tindale-Oliver and Associates, Inc. In this study, the consultant recognized the limitations of' the County impact fee land use categories and stated the hope that the County would be receptive to specific land use studies. The benefit of such a study is that it reflects the true traffic impacts and travel characteristics associated with a development. Although the study may remit in a reduction of impact fees, the level of impact and need to improve area transportation systems will also be reduced. This Independent Transportation Impact Fee Study was performed based upon the methodology agreed upon by Collier County staff'. The study included analysis of'trip generation rates and trip lengths associated with three similar golf course communities'located in Lee and Collier Counties. The results of the study indicate that average trip generation rates and trip length variables for the studied communities were less than the variables used by Collier County in the calculation of' impact fees. A comparison of the results is presented in Tables 1 and 2. PAGE 2,- ~OF_ ~. I<wnley-Hom and Associales. Inc. Table I Trip Generation IL'~te Comparison (Trips Per Dwelling Unit) Land Use Single-Family (Detached) Multi-Family Collier County Trip Generation Rate 9.6 6.5 - 6.6* Measured Average Trip Generation Rate 6.43 4.42 *Ratcs rcprcsent multi-family units with 1-2 slorics and 3-5 stories respectively. Table 2 Average Trip Length Comparison (Miles of Travel Per DU) Land Use Collier County Assessable Trip Length 4.7 Single-Family (Detached) Multi-Family 4.7 3.13/2.62' Measured Average Assessable Trip Length 3.13/2.62' * Average Trip Length rcprcscnts total trip Icnglh variable and asscs~able trip length, respectively. For Naples Heritage it is expected that in the future, the proximity of the development to other commercial areas will be similar to that of the other sites analyzed in this study. We have identified planned commercial areas and activity centers in the vicinity of Naples Heritage at C.R. 951/Davis Boulevard, Santa Barbara/Davis Boulevard, and C.P,. 951/Rattlesnake Hammock Road intersections. Although these sites are not built out today, they are expected to support residential areas such as Naples Heritage and other developing residential areas in the vicinity. These existing and future areas with approved PUD's include Tollgate Commercial Center, 951 Commerce Center' (or 1-75/Alligator Alley PUD), Westport Commerce Center, and Shoppes at ATTACHMENT NO. PAGE ~ _ OF and A~Oc~t~=~. Ir~¢, ~ summ~y. Iml~ F# St~ Santa Barbara. In addhio~, the existing Kings Lake commercial area on D~vls Boulevard is approximaIely two miles to the east of Naples Heritage. Naples Heritage residents, like those of the other golf course communities studied in Collier and Lee Counties, arc a~d will contkme to b~ mostly retirees, who clo not m~e as many trips as thc typical nei~borhood community re.side~t. This is reflected in thc h~depe~dent transportation impact fee study results and ia the rYE Trip Generation maaual ia ti_at, collected for Retirement Coramuaiges. R~3remerrt community residents do not make the school trips aad work trips that a typical r~deatial area resideat might make. Similarly, r~tirement area residents do not make as many long distaace trips (such as typically longer commuter work trips), on a normal weekday. Shnce May 1996, building permits have been issued, and impact fees have been charged, based on the current Cotmty calculation. It is fl~e tmdersta~dLng of Naples Heritage C,-oli'.nd Country Club thai, if'the Cotmty approves use of the altemative rates presented in the iadepende=t fee study, they will be credited for fees already paid under the existing impact fee system. IATTACHMENT NO. / ) PAGE "~ .OF _ ~ I APl{ 0 7 1998 .....-- COLLIER COUNTY GOVERNMENT TRANSPORTATION DEPARTMENT Januar~ 5, 1998 Richard R. Barr, AICP Kimley-Horn and Associates, Inc. 2636 Mitcham Drive Tallahassee, FL 32308 Re: Naples Heritage Golf and Country Club Alternative Road Impact Fee Study 3301 E. TAMIAMI TRAIl. NAPLES, FL 34112 (94 I) 774-8494 FAX (941) 774-5375 A (~T~FI~ BLI,~ O"~IP C~:~MML,~ITY Dear Mr. Bart: Thank you for ,,,our letter of December 17, 1997, same subject. In that letter )'our reviewed the issues we had discussed at our November 25. 1997, meeting. Among those issues were the trip generation rate derivation and the trip length determination. In your letter, you recollect that we had agreed upon the trip generation rate after you ex[~lained that your data collection and analysis included service trips and excluded construction trips. The trip generation rates that your study derived for this project are 6.43 trip ends/day per unit for single-family units and 4.42 trip ends/day per unit for multi-family (condo) units. ITE's Trip Generation provides a range of 4.31 -21.85 trip ends/day per unit for single- family units with an average of 9.55 trip ends/day per unit (R: '- 0.96; o = .98). For multi- family (condo) units the Trip Generation figures are 1.83 - 11.79 trip ends/day per unit with an average of 5.86 trip ends/day per unit (R: = 0.82; o" 0.91). The figures derived from >,our data and analysis are within the range of values set forth in Trip Generation. In addition, they correlate quite well to both the R~ and o ranges. We also reviewed the raw data sets that you supplied. This review was to determine the reliability of and the reasonableness of the data and the conclusions drawn therefrom. Based on that review, it is our opinion that the language in the Ordinance (Section 2.04.C.4) provides the basis for using the trip lengths in the Ordinance's defining study (the Tindale-Oliver report) rather than the derived trip lengths from your study. In this case the trip lengths for either type of dwelling unit are set forth as 5.4 miles total trip length and 4.7 miles assessable trip length. IATTACHMENT NO. ~PAGE ! OF Richard R. Barr, AICP January 5, 1998 Page 2 Given the foregoing discussion, we are prepared to present an Agenda item to the Board which would use your trip generation rates and the Ordinance trip lengths as a basis for determiaing the road impact fees to be charged for this project. The fees associated with these parameters would be $922.00 per single-family unit and $634.00 per multi-family unit. These figures, if acceptable to your Client and to the Board, represent a difference of $457.00 per single-family unit and :t;317.00 per multi-family unit (a one-third [33%] reduction from the fees set forth in the Ordinance). Please review the information presented herein with your Client and let us know how you wish to proceed. We look forward to hearing from you. If there are any questions, or if you need additional information, please contact me at 774-8494. Best personal regards and best wishes for a safe and happy new year. Very truly yours, Edward J. Senior EnL CC: David F. Bobanick, Transportation Services Director File: Naples Heritage PdF Study ATTACHMENT NO,_ 2. PAGE ~ _OF ~ Recapitulation of Road Impact Fee Worksheets Naples Heritage Golf and Country Club Trip Rate ~ ~. IJntt Fee Source of C0mputati0n SF MF Total Assessable NewTrips $F MF_ Ordinance 92-11 9.55 6.47 5.40 4.70 I00 $1379 S951 Staff Review 6.43 4.42 5.40 4.70 100 $ 926 $636 Developer's Study 6.43 4.42 3.13 2.62 I00 $ 503 $346 Notes: Staffreview is based on the use of Developer's ra~v trip data and the use of Ordinance mileage. This comparison was made as a consequence of Developer's study being based on locations more centrally located with respect to attractors than the subject site. The subject site lies near the boundary of the Urban Area as delineated in the Growth Management Plan. In addition, Section 2.03.C.(4) specifies that the trip lengths utilized in the compilation of Appendix A may be used as an independent source in lieu ora site- specific study. Therefore, staffhas utilized the total and assessable trip lengths as presented in the Tindale-Oliver Study incorporated and made a part of the Ordinance for the purpose of this review. /AIlACHMEK[ NO. ~ ?AGE / OF '~ mm APR 0 7 1~98 CMI~ CovMy Colll4r C~uflty CleW: IATTACHMENT NO. PAGE ~ OF APR 0 7 1998 Coll~' C~ly ~.~uMd J Il.SM, PI Ii:)ATTACH~ENT NO. AGE J APR 0 7 1998 L PG._ /I _ i; of~, CMmty 01~'1 ~ i o~i-.q Co,~pM~ By ~ [~,.~Me..~tl, q, v q.~J~* f~ ~ OdI · CoWM* C,~nt~ ATTACHMENT NO. PAGE ~ OF cbt APR 0 7 1998 Pg,,~ /,mtI ,EXECLrTIVE SUMMARY RECOGNIZE AND APPROPRIATE CURRENT YEAR REVENUE FOR PROJECT NO. 60061 LIVINGSTON ROAD. OB3ECTIVE: That the Board of County Commissioners recognize revenue r,~eived for the Livingston Road Project No. 60061 and appropriate thc current year revenue into an ex'pet~ accotmt. Con:ideration: Paragraph 3.04 of the Intcrlocal Agreement with the City of Naple$, made on $eptember 16, 1997 for the design and construction ora portion of the City's 36" raw water roam which mugb¢ relocated during the construction of Livingston Road states that the City will pay to the Cotmty the amount of $201,600.00 as the escrow deposit within 14 calendar days of the agreement approval. On October Bl, 1997 check number 78248 was cut and mailed to the County and on November 17, 1997 it was deposited on the Revenue side of the budget. FISCAL IMPACT: Recognize revenue and appropriate into an expense account as listed below:. From: Fund (331) Cost Center (163650) Object Code (369802) Project (60061) To: Impact District I Road Impact Construction Reimburse for current year expenditures. Livingston Road Fund (331) Cost Center (163650) Object Code (763100) Project (60061) Impact District 1 Road Impact Construction Improvements General Livingston Road GROW'I-H 3LANAGEMENT ~FPACT: None. RECOMM'ENDATIONS: Staffrecommends that the Board of County Commissioner~ approve the necessary budget amendments to transfer the funds from a revenue account into ~n expense account. PREPARED BY: , Sl~ron Newman, Acc~g T~ O~ce of ~piml ~oj~m ~g~t O~ce REVIEWED B~ Ed INc~, A~tor Public Wo~ DivNi~ DATE: DATE: mf~3/17/98 EXECUTIVE SUMMARY AUTHORIZE THE REDESIGN OF IMMOKALEE ROAD TO PROVIDE FOR A FUTURE SIX LANE IMPROVEMENT, PROJECT NO. 69101; CIE 08 OBJECTIVE.: To advise the Board of County Commissioners of the need to redesign the current Immokalce Road completed four lane design to accommodate a future six lane requirement and to obtain the Board's authorization to implement such design change. DESCRIPTION: The 1991 Contract with Hole, Montes and Associates, Inc. (HMA) provided for an ultimate four lane design with no provision for future six lanes improvement. This project was designed to be consistent with the Naples Area Traffic Study 2010 Financially Feasible Plan (the official long range transportation plan at that time) which only showed an ultimate four lane section from 1-75 to C.R. 95. The current Naples (Collier County) MPO 2020 Needs Assessment Highway Network shows six lanes needed for Immokalee Road east to C.R. 951. As staffis moving forward with activities necessary for the design revision and construction, it is necessary to advise the Board of the need to expand the current design to accommodate the ultimate six lanes condition. The current project schedule calls for construction to start in April 1999. With the redesign, staff estimates a design cost of $650,000 and the construction start date to be delayed by 18 months. This time and cost estimate is based on a new consultant, other than HMA, having to familiarize himself with the project and verifying ali existing data. This exewise would amount to starting from scratch as if this was a new project. Itowcver, the 18 months could be reduced to six (6) months with a redesign cost of $182,000 if the Board directs staff to negotiate with the original designer, HMA to revise the plans to include a provision for a fiature six laning improvement. The reduction in time and cost is possible because of HMA's familiarity with the project and its knowledge on the project. Therefore, staff recommends that the Board authorize negotiations with HMA for a fee proposal to revise the plans to include provision for the six laning improvements. Upon a successful negotiation, staffwill prepare a supplemental agreement for Board's execution. FISCAL IMPACT: A maximum of $182,000 ifstaffis directed to negotiate with ttMA for the ((~, redesign. A budget amendment is needed to transfer Funds in the mount of $182,000.00 from: From: Fund (331) Road Impact Fee District 1 Cost Center (919010) Reserves Object Code (993000) Reserves for Capital Outlay To: Fund (331) Cost Center (I 63650) Project No. (69101) Road Impact Fee District 1 Road Impact Consm~ction Immokalee Road APR 0 ? 1998 Executive Summary Immokalee Road, Project 69101, CIE #$ Page No. 2 GROWTH MANAGEMENT IMPACT: This Capital Improvement Element No. 0g is consistent with the Transportation sub-element of the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners: (1) Authorize the redesign of Immokalee Road to accommodate a furore six lane improvement. (2) Direct staff to negotiate with HMA for a fee proposal to redesign the plans to include provision for a future six lane condition. (3) Approve the necessary budget amendment. PREPARED BY:~'f~~~" Date: ~/9'" 9S REVIEWED BY: REVIEWED BY: REVIEWED BY' Ed Ilschner Public Works Administrator Date: ~/~73f'~ /' Datc:~ EXECUTIVE SUMMARY APPROVE AGREEMENT No. 91-1763 FOR ENGINEERING/ENVIRONMENTAL SERVICES WiTH WILSON, MILLER, BARTON AND PEEK, INC. FOR THE GORDON RIVER EXTENSION BASIN STUDY, PHASE III, ADDITIONAL DATA COLLECTION (County Project No. 31005) OBJECTIVE: Approve an Agreement with Wilson, Miller, Barton and Peek, Inc. to perform data collection and analysis sen'ices under RFP 91-1763 for the Gordon River Extension Basin. The data collected and analyzed will be used in future basin plan modeling efforts as the County develops planned improvements within this stormwater basin. CONSIDERATIONS: In August 1991 the County advertised RFP 91-1763 for a complete engineering and environmental analysis of the Gordon River Extension Basin. This RFP also included the development of improvements to the basin stormwater conveyance capabilities and all necessary environmental permitting to aIlow for construction. After lengthy but unsuccessful negotiations with the top ranked firm, Wilson, Miller, Barton and Peek, Inc., staffwas prepared to withdraw the RFP in August 1992, due to budgetary changes. At the request of Wilson, Miller, Barton and Peek, Inc. the RFP was not terminated, but put on an indefinite hold. In late 1996 staffbegan to re-look at initiating basin planning efforts in the Gordon River Extension Basin. At that time both the City of Naples and the Big Cypress Basin indicated a desire to see the project move fonvard, and efforts were initiated to implement joint funding for the lxoject Additionally, the Big Cypress Basin was in the process of developing a computerized hydrologic and hydraulic model for every drainage basin in the County. County, City, and Basin staff agreed that it would be the best use of public funding to utilize the Basin's model development efforts in the Gordon River Extension Basin instead of hiring a consultant to duplicate the effort. With the model development component removed from the initial RFP .scope, staffdecided to revise the entire project into a multi-phased approach, with each phase able to be completed independent of future phases. It is easier to negotiate a scope of services and proposal fee when a large number of future project uncertainties are removed. The Phase V Phase VI Phase VII current phasing of the project is a follows: Phase I Initial hydrologic/hydraulic model development by the Big Cypress Basin (Completed) Phase Il Initial data collection by the County Pollution Control Department (Completed) Phase III Additional data collection (Ibis Agreement) Phase IV Detailed computer modeling, engineering/environmental assessment, development of multipIe alternative solutions (Future) Selection of preferred alternatives, environmental permitting, easement acquisitions (Future) Preparation of detailed construction documents and funding arrangements (Future) Construction of facilities (Future) '¸'0 Executive Summary Gordon River l=xt.. Phas~ U! Agrccmcm No. 91-1763 with Wil~o~, Miller, Bmon ~ad Pgdr, In*.. Pagt 2 The full scope of work for RFP 91-1763 has bccn reduced to include only this Phase III (Additional Data Collection). The joint funding agreements with both the City of Naples (16 2/3%) and the Big Cypress Basin (33 1/3%) have been approved. FISCAL IMPACT: Funding in thc amount of $166,000 is available for Phase III in the following ~account: Fund No. 325 (1981 Water Management CIP) Cost Center No. 172921 (Basin Studi,s) Project No. 31005 (Basin Planning - Gordon River) GROWTH MANAGEMENT IMPAC-~..: Thc development of the Gordon River Extension Basin Study is consistent with the Drainage Sub-clcment of thc Public Facilitie~ Element of the Growth Management Plan. RECOMMENDATION: Staffrecommends that the Board ofGounty Commissionew approve Agreement No. 91-1763 for Engineering/Environmental Service~ with Wilson, Miller, Barton and Peek, Inc. and authorize the Chairman to sign for the Board. Robert C. Wiley~.E. O.C.P.M. Project Manager III REVIEWED BY: .~-/~. REVIEWED BY: Stephcri°f. Camcll Purch~ing Director Adolfo A."~onzalc~ E.'"-..._.) O.C.P.M. Director REVIEWED BY: REVIEWED BY: Johi~ H. Boldt, P.E., P.S.M. Stormwater Management Dh'e~or Ed Ilschncr Public Works Administrator Date: Date:~ GORDON RIVER EXTENSION BASIN STUDY-PHASE II! PROFESSIONAL SERVICES AGREEMENT Contract No. 91-1763 THIS AGREEMENT is made and entered into this .... day of ., 19 .., by and between the Board of County Commissioners, Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "OWNER") and Wilson, Miller, Barton and Peek, Inc. a Florida corporation, authorized to do business in the State of Florida, whose business address is 3200 Bailey Lane, Suite 200, Naples, FL 34105 (hereinafter referred to as the "CONSULTANT"). WITNESSETH: WHEREAS, the OWNER desires to obtain the professional engineering, surveying and environmental services of the CONSULTANT concerning certain design services for the Gordon River Extension Basin Study - Phase Ill (hereinafter referred to as the "Project"), said services being more fully described in Schedule A, "Scope of Services", which is attached hereto and incorporated herein; and WHEREAS, the CONSULTANT has submitted a proposal for provision of those services; and WHEREAS, the CONSULTANT represents that it has expertise in the type of professional services that will be required for the Project. NOW, THEREFORE, in consideration of the herein, the padies hereto agree as follows: mutual covenants and provisions contained Page 1 of 46 APR 0 7 1998 River Ext. Basin Study - Phase III ARTICLE ONE CONSULTANT'S RESPONSIBILITY Contract No. 91-1763 1.1. CONSULTANT shall provide to OWNER professional engineering, surveying environmental services in all phases of the Project to which this Agreement applies. and 1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the Scope of Services described in detail in Schedule A. The total compensation to be paid to the CONSULTANT by the OWNER for all Basic Services is set forth in Article Five and Schedule B, "Basis of Compensation", which is attached hereto and incorporated herein. 1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement all such licenses as are required to do business in the State of Florida and in Collier County, Florida, including, but not limited to, all licenses required by the respective state boards and other governmental agencies responsible for regulating and licensing the professional services to be provided and performed by the CONSULTANT pursuant to this Agreement. 1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a professional service which, under Florida Statutes, requires a license, certificate of authorization or other form of legal entitlement to practice such services, it shall employ and/or retain only qualified personnel to provide such services. 1.5. CONSULTANT agrees to employ and designate, in writing, within five (5) calendar days after receiving its Notice to Proceed, a qualified licensed professional to serve as the CONSULTANT's project manager (hereinafter referred to as the "Project Manager"). The Project Manager shall be authorized and responsible to act on behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects of the services to be provided and performed under this Agreement. Within f'n/e (5) calendar days from the Notice to Proceed issued by the OWNER to the CONSULTANT, the CONSULTANT shall deliver to theO OWNER a written statement, executed by the proper officers of the CONSULTANT, acknowledging that the Project Manager shall have full authority to bind Page 2 of 46 Gordon River Ext. Basin Study - Phase III Contract No. 91-1763 CONSULTANT on all matters arising out of or relating to this Agreement. The CONSULTANT agrees that the Project Manager shall devote whatever time is required to satisfactorily manage the services to be provided and performed by the CONSULTANT hereunder. The person selected by the CONSULTANT to serve as the Project Manager shall be subject to the pdor approval and acceptance of the OWNER. 1.6. CONSULTANT agrees, within foudeen (14) calendar days of receipt of a written request from the OWNER, to promptly remove and replace the Project Manager, or any other personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to provide and perform services or work pursuant to the requirements of this Agreement, whom the OWNER shall request in writing to be removed, which request may be made by the OWNER with or without cause. 1.7. The CONSULTANT has represented to the OWNER that it has expertise in the type of professional services that will be required for the Project. The CONSULTANT agrees that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to the OWNER's review and approval and shall be in accordance with the generally accepted standards of professional practice in the State of Florida, as well as in accordance with all published laws, statutes, ordinances, codes, rules, regulations and requirements of any governmental agencies which regulate or have jurisdiction over the Project or the services to be provided and pedormed by CONSULTANT hereunder. In the event of any conflicts in these requirements, the CONSULTANT shall notify the OWNER of such conflict and utilize its best professional judgment to advise OWNER regarding resolution of the conflict. 1.8. CONSULTANT agrees not to divulge, fumish or make available to any third person, firm or organization, without OWNER's prior written consent, or unless incident to the proper performance of the CONSULTANT's obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non-public information concerning the services to be rendered by CONSULTANT hereunder, and Gordon PJver Ext. Basin Study - Phase 111 Contract No..~'.1763 CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to comply with the provisions of this paragraph. 1.9. CONSULTANT agrees to certify all estimates of construction costs and Project completion dates prepared by the CONSULTANT. Said certifications shall be in a form approved by the OWNER. 1.10. Evaluations of the OWNER'S Project budget, preliminary estimates of construction cost and detailed estimates of construction cost prepared by the CONSULTANT represent the CONSULTANT'S best judgment as a design professional familiar with the construction industry. The CONSULTANT cannot and does not guarantee that bids or negotiated prices will not vary from any estimate of construction cost or evaluation prepared or agreed to by the CONSULTANT. Notwithstanding anything above to the contrary, CONSULTANT shall revise and modify Construction Documents and assist in the rebidding of the Work at no additional cost to OWNER, if all responsive and responsible bids exceed the estimates of construction ll~ costs prepared by CONSULTANT. 1.11. CONSULTANT shall not be responsible for means, methods, techniques, sequences or procedures of construction selected by contractors or the safety precautions and programs incident to the work of contractors. ARTICLE TWO ADDITIONAL SERVICES OF CONSULTANT If authorized in writing by OWNER, CONSULTANT shall fumlsh or obtain from others Additional Services of the types listed in Article Two herein. These services will be paid for by OWNER as indicated in Article Five and Schedule B. The following services, if not otherwise specified in Schedule A as part of Basic Services, shall be Additional Services: Page 4 of 46 Gor~n River Ex~. Basin Study - Phase III Contract No. 91-1763 2.1. Preparation of applications and suppoding documents (except those already to be furnished under this Agreement) for private or governmental grants, loans, bond issues or advances in connection with the Project. 2.2. Services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, OWNER's schedule or character of construction; and revising previously accepted studies, reports, design documents or Contract Documents when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not reasonably anticipated pdor to the preparation of such studies, reports or documents, or are due to any other causes beyond CONSULTANT's control. 2.3 Preparation and submission of information to and necessary consultations with the Collier County Office of Capital Projects Management, Flodda Department of Environmental Protection, South Florida Water Management District, U.S. Army Corps of Engineers or other appropriate regulatory agencies, in order to obtain necessary permits or approvals for construction of the Project, unless such permits are expressly included in Basic Services to be performed by CONSULTANT hereunder as set forth in the Schedule A-Scope of Services. 2.4 Providing renderings or models for OWNER's use. 2.5. Investigations and studies involving detailed consideration of operations, maintenance and overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules and appraisals; and evaluating processes available for licensing and assisting OWNER in obtaining process licensing. 2.6. Furnishing services of independent professional associates and consultants for other than the contract services to be provided by CONSULTANT hereunder. 2.7, other than visits to the Project site or OWNER's office. Services during out-of-town travel required of CONSULTANT and directed by OWNER, Page 5 of 46 · ;:APR 0 7 1998 Gordon River Ext. Bat;n Study - Phase III Contract No. 91.1763 2.8. Assistance in connection with bid protests, rebidding or renegotiating contracts construction, materials, equipment or services, except as otherwise provided for herein. for 2.9. Providing any type of property surveys, aerial photography or related engineering services needed for the transfer of interests in real property and field surveys for design purposes and engineering surveys and staking to enable contractors to proceed w'C,,h their work and providing other special field surveys. 2.10. Preparation provided for herein. of operating, maintenance and staffing manuals, except as otherwise 2.11. Preparing to serve or serving as a CONSULTANT or witness for OWNER in any litigation, or other legal or administrative proceeding, involving the Project (except for assistance in consultations which are included as part of the Basic Services to be provided herein). 2.12. Additional services rendered by CONSULTANTS in connection with the Project, not otherwise provided for in this Agreement or not customarily furnished in accordance with generally accepted engineering, surveying and environmental practice, ARTICLE THREE OWNER'S RESPONSIBILITIES 3.1. The OWNER shall designate in writing a project coordinator to act as OWNER's representative with respect to the services to be rendered under this Agreement (hereinafter referred to as the "Project Coordinator"). The Project Coordinator shall have authority to transmit instructions, receive information, interpret and define OWNER's policies and decisions with respect to CONSULTANT's services for the Project. However, the Project Coordinator is not authorized to issue any verbal or written orders or instructions to the CONSULTANT that,~,..~ would have the effect, or be interpreted to have the effect, of modifying or changing in any wa whatever: ~. of,,, I APR 0 7 1998 Gorc~on River Ext. Basin Study - Phase !11 Contract NO. C-',-1763 (a) The scope of services to be provided and performed by the CONSULTANT hereunder; (b) The time the CONSULTANT is obligated to commence and complete all such services; or (c) The amount of compensation the OWNER is obligated or committed to pay the CONSULTANT. 3.2. The Project Coordinator shall: (a) Review and make appropriate recommendations on all requests submitted by the CONSULTANT for payment for services and work provided and performed in accordance with this Agreement; (b) Provide all criteria and information requested by CONSULTANT as to OWNER's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexib~ity and expandability, and any budgetary limitations; (c) Upon request from CONSULTANT, assist CONSULTANT by placing at CONSULTANT's disposal all available information in the OWNER'S possession pertinent to the Project, including existing drawings, specifications, shop drawings, product literature, previous reports and any other data relative to design or construction of the Project (d) Arrange for access to and make all provisions for CONSULTANT to enter the Project site to perform the services to be provided by CONSULTANT under this Agreement; and (e) Provide notice to CONSULTANT of any deficiencies or defects discovered by the OWNER with respect to the services to be rendered by CONSULTANT hereunder. 3.3. CONSULTANT acknowledges that access to the Project Site, to be arranged by OWNER for CONSULTANT, may be provided during times that are not the normal business hours of the CONSULTANT. Gordon River Ext. Basin Study - Phase III Contract No. 91-1763 3.4. OWNER shall be responsible for the acquisition of all easements, property sites, rights-of-way, or other property rights required for the Project and for the costs thereof, including the costs of any required land surveys in connection with such acquisition. ARTICLE FOUR TIME 4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to the execution of this Agreement upon written Notice to Proceed from OWNER for all or any designated portion of the Project and shall be pedormed and completed in accordance with the Project Schedule attached hereto and made a part hereof as Schedule C. Time is of the essence with respect to the performance of this Agreement. 4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of its services as a result of unforeseeable causes beyond the control of CONSULTANT, and not duel~ll to its own fault or neglect, including but not restricted to acts of God or of public enemy, acts of government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes or lock-outs, then CONSULTANT shall notify OWNER in writing within five (5) working days after commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which CONSULTANT may have had to request a time extension. 4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of CONSULTANT's services from any cause whatsoever, including those for which OWNER may be responsible in whole or in part, shall relieve CONSULTANT of its duty to perform or give rise to any right to damages or additional compensation from OWNER. CONSULTANT's sole remedy against OWNER will be the right to seek an extension of time to its schedule. This paragraph shall expressly apply to claims for early completion, as well as claims based on late completion. Provided, however, if through no fault or neglect of the CONSULTANT, the services to be provided hereunder have not been completed within twenty-four (24) months of the date hereof, the CONSULTANT's compensation shall be equitably adjusted, with respect to those services that have not yet been Page 8 of 46 Gordon River Ext. Basin Study - Phase III Contract No. 91-1763 the incremental increase in costs twenty-four (24) month pedod. experienced by CONSULTANT after expiration of said 4.4 Should the CONSULTANT fail to commence, provide, perform or complete any of the services to be provided hereunder in a timely and reasonable manner, in addition to any other rights or remedies available to the OWNER hereunder, the OWNER at its sole discretion and option may withhold any and all payments due and owing to the CONSULTANT until such time as the CONSULTANT resumes performance of its obligations hereunder in such a manner so as to reasonably establish to the OWNER's satisfaction that the CONSULTANT's performance is or will shortly be back on schedule. ARTICLE FIVE COMPENSATION 5.1. Compensation and the manner of payment of such compensation by the OWNER for services rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled "Basis of Compensation", which is attached hereto and made a part hereof. ARTICLE SIX OWNERSHIP OF DOCUMENTS 6.1. Upon completion or termination of this Agreement, all records, documents, tracings, plans, specifications, maps, evaluations, repods, computer assisted design or drafting disks and other technical data, other than working papers, prepared or developed by CONSULTANT under this Agreement shall be delivered to and become the property of OWNER. CONSULTANT, at its own expense, may retain copies for its files and internal use. OWNER agrees to indemnify and hold harmless CONSULTANT with respect to any claim, loss or damage, including attorneys fees incurred by CONSULTANT due to the OWNER's use of said records, documents, tracings, plans, specifications, maps, evaluations, reports, computer disks and other technical data on some other project unless such use is authorized by CONSULTANT. APR 0 7 1998 I/, Gordon River Ext. Basin Study - Phase III Contract No. g1-1763 6.2. With respect to and in consideration for the indemnification provided by OWNER in paragraphs 6.1. above, CONSULTANT agrees to pay to OWNER $10.00, the sufficiency and receipt of which is acknowledged through the signing of this Agreement. ARTICLE SEVEN MAINTENANCE OF RECORDS 7.1. CONSULTANT will keep adequate records and supporting documentation which concern or reflect its services hereunder. The records and documentation will be retained by CONSULTANT for a minimum of five (5) years from the date of termination of this Agreement or the date the Project is completed, whichever is later. OWNER, or any duly authorized agents or representatives of OWNER, shall have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the five (5) year pedod noted above; provided, however, such activity shall be conducted only during normal business hours. ARTICLE EIGHT INDEMNIFICATION 8.1. The CONSULTANT in consideration of $10.00, the sufficiency and receipt of which is acknowledged through the signing of this Agreement shall protect, defend, indemnify and hold OWNER and its officers, employees and agents harmless from and against any and all losses, penalties, damages, professional fees, including attorney fees and all costs of litigation and judgments arising out of any willful misconduct or negligent act, error or omission of the CONSULTANT, its Subconsultants, Subccntractors, agents or employees, arising out of or incidental to the performance of this Agreement or work performed thereunder. The consideration exchanged and the provisions of this paragraph shall also pertain to any claims brought against the OWNER its officers, employees or agents by any employee of the named CONSULTANT, or any Subconsultant or Subcontractor, or anyone directty~or indirectly employed by any of them. The CONSULTANT'S obligation under this parag~ Gordon River Ext, Basin Study - Phase I!1 Contract No. 91-1763 limited in any way by the agreed upon contract price as shown in this Agreement or the CONSULTANT'S limit of, or lack of, sufficient insurance protection. 8.2. CONSULTANT acknowledges that the general conditions of any construction contract shall include language, satisfactory to the OWNER's attorney, in which the contractor agrees to hold harmless and to defend OWNER, its agents and employees from all suits and actions, including attorney's fees, and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of the construction contract or work performed thereunder. ARTICLE NINE INSURANCE 9.1. CONSULTANT shall obtain an carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set fodh in SCHEDULE D to this Agreement. ARTICLE TEN SERVICES BY CONSULTANT'S OWN STAFF 10.1. The services to be performed hereunder shall be performed by CONSULTAN'r's own staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with, or use of the services of any other person or firm by CONSULTANT, as independent consultant or otherwise, shall be subject to the prior written approval of the OWNER. No provision of this Agreement shall, however, be construed as constituting an agreement between the OWNER and any such other person or firm. Nor shall anything contained herein be deemed to give any such party or any third party any claim or dght of action against the OWNER beyond such as may otherwise exist without regard to this Agreement. Gordon River Ext. Bas:n Study - Phase III Contract No. 91-1763 ARTICLE ELEVEN WAIVER OF CLAIMS 11.1. CONSULTANT's acceptance of final payment shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against OWNER arising out of this Agreement or otherwise related to the Project, except those previously made in writing and identified by CONSULTANT as unsettled at the time of the final payment. Neither the acceptance of CONSULTANT's services nor payment by OWNER shall be deemed to be a waiver of any of OWNER's rights against CONSULTANT. ARTICLE TWELVE TERMINATION OR SUSPENSION 12.1. CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for OWNER to terminate this Agreement, in whole or in part, as furthering, set forth in this section, for any of the following reasons: (a) failure to begin work under the'"'"' Agreement within the times specified under the Notice(s) to Proceed, or (b) failure to propedy and timely perform the services to be provided hereunder or as directed by OWNER, or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT or by any of CONSULTANT's principals, officers or directors, or (d) failure to obey laws, ordinances, regulations or other codes of conduct, or (e) failure to perform or abide by the terms or spirit of this Agreement, or (f) for any other just cause. The OWNER may so terminate this Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice. 12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it is determined for any reason that CONSULTANT was not in default, or that its default was excusable, or that OWNER otherwise was not entitled to the remedy against CONSULTANT provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1 shall be deemed to be the notice of termination provided for in paragraph 12.3 below Page 12 of 46 APR 0 7 1998 River Ext. Basin Study - Phase III Contract No. 91-17'63 CONSULTANT's remedies against OWNER shall be the same as and limited to those afforded CONSULTANT under paragraph 12.3 below. 12.3. OWNER shall have the right to terminate this Agreement, in whole or in part, without cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such termination for convenience, CONSULTANT's recovery against OWNER shall be limited to that portion of the fee earned through the date of termination, together with any retainage withheld and any costs reasonably incurred by CONSULTANT that are directly attributable to the termination, but CONSULTANT shall not be entitled to any other or further recovery against OWNER, including, but not limited to, anticipated fees or profits on work not required to be performed. 12.4. Upon termination, the CONSULTANT shall deliver to the OWNER all original papers, records, documents, drawings, models, and other material set forth and described in this Agreement. 12.5. The OWNER shall have the power to suspend all or any portions of the services to be provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior written notice of such suspension. If all or any portion of the services to be rendered hereunder are so suspended, the CONSULTANT's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in Article Four herein. ARTICLE THIRTEEN TRUTH IN NEGOTIATION REPRESENTATIONS 13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for Gordon Ri~er Ext. Basin Study - Phase III Contract No. 91-1763 CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent, upon or resulting from the award or making of this Agreement. 13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the CONSULTANT agrees to execute the required Truth-ln-Negotiation Certificate, attached hereto and incorporated herein as Schedule E, stating that wage rates and other factual unit costs supporting the compensation are accurate, complete and current at the time of the Agreement. The CONSULTANT agrees that the original Agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the OWNER determines the Agreement price was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. All such adjustments shall be made within one (1) year following the end of this Agreement. ARTICLE FOURTEEN CONFLICT OF INTEREST 14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. CONSULTANT further represents that no persons having any such interest shall be employed to perform those services. ARTICLE FIFTEEN MODIFICATION 15.1. No modification or change in this Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. Page 14 of 46 APR 0 ? 1998 ~./~ Gordon River Ext. Basin Study - Phase III Contract No. 91-1763 ARTICLE SIXTEEN NOTICES AND ADDRESS OF RECORD 16.1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT to the OWNER shall be in writing and shall be delivered by hand or by United States Postal Service Department, first class mail service, postage prepaid, return receipt requested, addressed to the following OWNER's address of record: Board of County Commissioners, Collier County Florida c/o Office of Capital Projects Management 3301 Tamiami Trail East Naples, FL 34112 Attention: Robert C. Wiley, P.E. 16.2. All notices required or made pursuant to this Agreement to be given by the OWNER to the CONSULTANT shall be made in writing and shall be delivered by hand or by the United States Postal Service Department, first class mail service, postage prepaid, return receipt requested, addressed to the following CONSULTANT's address of record: Wilson, Miller, Barton and Peek, Inc. 3200 Bailey Lane, Suite 200 Naples. FL 34105 Attention: Stephen A. Means. P.E. 16.3. Either party may change its address of record by written notice to the other party given in accordance with requirements of this Article. ARTICLE SEVENTEEN MISCELLANEOUS 17.1. CONSULTANT, in representing OWNER, shall promote the best interest of OWNER and assume towards OWNER a duty of the highest trust, confidence, and fair dealing. Page 15 of 46 APR 0 7 1998 Gordon River Ext. Basin Study - Phase III Contract No. 91-1763 17.2. No modification, waiver, suspension or termination of the Agreement or of any terms thereof shall impair the rights or liabilities of either party. 17.3. This Agreement is not assignable, in whole or in part, by CONSULTANT without the prior written consent of OWNER. 17.4. Waiver by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. 17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions in such Articles, Schedules, Parts and Attachments. 17.6. This Agreement, initially consisting of forty-six (46) continuously numbered pages including the referenced Schedules and Attachments hereto, constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any and all pdor agreements or understandings, written or oral, relating to the matter set forth herein, and any such prior agreements or understanding shall have no force or effect whatever on this Agreement. ARTICLE EIGHTEEN APPLICABLE LAW 18.1. Unless otherwise specified, this Agreement shall be governed by the laws, rules, and regulations of the State of Florida, and by the laws, rules and regulations of the United States when providing services funded by the United States government. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate Florida state court in Collier County, Flodda. Page 16 of 46 APR 0 7 1998 ... /o" Gordon River Ext. Basin Study - Phase III Contract No. 91-1763 IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement for the day and year first written above. ATTEST: Dwight E. Brock, Clerk BOARD OF COUNTY COMMISSIONERS Collier County, Flodda By: By: Deputy Clerk Barbara B. Berry, Chairman Approved as to form and legal sufficiency for Collier County: ATTEST: (Corporate Secretary) Type or Print Nam:~ and Title WILSON, MILLER, BARTON AND PEEK, INC. Type or Print Name and T~e (or) Witness (2) (1) Signature Print Name (CORPORATE SEAL) Print Na~e Page 17 of 46 APR 0 7 1998 Gordon River Ext. Basin Study - Phase III Contract No. 91-1763 SCHEDULE A SCOPE OF SERVICES Schedule A consists of the attached nine page document prepared by Wilson, Miller, Barton and Peek, Inc. titled "Exhibit 'A', Scope of Services for the Gordon River Extension Basin Study, Phase Iii - Additional Data Collection" and has the following component pads: Aol, INTRODUCTION PHASE III SCOPE A.2.1. Section I - Basin Related Research and Information Collection A.2.2. Section 2 - Data Collection A.2.3. Section 3 - Basin Mapping and Database Development A.2.4. Section 4 - Deliverables A.2.5. Section 5 Schedule The CONSULTANT shall keep the OWNER informed as to the status of the project design through no less than monthly meetings at the OWNER's offices. Page 18 of 46 APR 0 7 ]998 Gordon River Ext. Basin Study - Phase III Contract No. 91-1763 EXHIBIT 'A' SCOPE OF SERVICES FOR THE GORDON RIVER EXTENSION BASIN STUDY PI-L~SE III - ADDITIONAL DATA COLLECTION I-NWRODUCWION The Gordon River Ex'tension (GKE) basin is located in the west central portion or'Collier County adjacent to the eastern limit o£the City &Naples. The GRE basin is roughly bounded by Airport Road on the east, Orange Blossom Drive on the north, Goodlette-Frank Road and U$41 on the west, and Golden Gate Parkway on the south. The GRE basin is extensively developed for residential, recreational, and commercial uses, some of which are older and constructed at lower elevations than newer developments. The GKE discharges into the headwaters of Naples Bay which lies to the south. Collier County is preparing to irfitiate a detailed basin study of the GKE to determine existing conditions and need for improvements to the basin's stormwater management system. Current pl~s anticipate a seven phased approach to provide the needed stormwater management facilities to meet the needs of flood protection, water quality improvement, groundwater recharge, and water quantity dischzrge improvements into Naples Bay. Pha.se..! Initial Hydrologic/Hydraulic Model Development by the Big Cypress Basin wh.ich is currently underway and scheduled for completion in the fall of' 1997. This model is based upon the Linked Watershed-Waterbody SWI~L'-M 4 model and Dames and Moore is ~he Consultant firm hired to develop the model. The SWMM model is being set up to utilize A.RC/INt:O GIS input/output interface. The S~IM modal ;md ARC/INFO interface to be provided to the Consultant. The hydraulics portion of'the model will be simulated using UNET (U.S. Army Corps or Engineers unsteady state one-dimensional hydraulic model). The Big Cypress Basin has also contracted with Greiner, Inc. for the development of some ecological assessment criteria and modeling of the existing and proposed public lands including the modeling of the ecologic value of' both uplands and wetlands under proposed scenarios. The ecological model c~ be applied in evaluating the natural system of the GRE watershed. The work products from G-reiner, Inc. may be available in time for inclusion in this Phase III project. Specific details and questions about the Basin's development of the models should be addressed to M~. Anant;~ Nath, P.E. at the Big Cypress Basin office (597-1505). Page 19 of 46 APR 0 7 1998 Gordon River Ext. Basin Study - Phase III Contract No. 91-1763 phase Il Ir~tial Data Collection by the County, which consists ofsome water quality and sediment analyses by the Collier County Pollution Control Department (see Attachment A for a description of' work and sample or' analysis sheet) and the development or' a basin Base IS{ap by Wilson, Miller, Barton and Peek, Inc. utilizing raster imagery and GPS control points, is also scheduled for completion in the tall or' 1997. ]Phase III Additional Data Collection (as described in this Scope of'Services) phase IV Detailed Computer Modeling, Engineering/Environmental Assessment and Presentaion of Multiple Ahemative Solutions phase V Selection of Preferred Alternatives and Permit/Easement Acquisition _Ph. ase VI. Preparation of Detailed Construction Documents and Funding Arrangements phase VII Construction of Facilities PHASE IT I SCOPE This Phase llI study shall require the gathering of site specific data for inclusion in detailed hydrologic and hydraulic modeling and environmental analyses. In many instances the format for deliverables has been somewhat defined. However, there is still a large amount of flexibility that may be interpreted differently by the Consultant and the County. The County shall be provided with review drafts of all deliverables with an emphasis on the work products in future GIS applications. Also, the Consultant shall review and become thoroughly familiar with the current hardware, sofbvare, and file protocols within the offices of the Stormwater Management Department and the Office of'Capital Projects Management. This Phase ITl study is jointly funded by the City of Naples, Big Cypress Basin, and Collier County. The Consultant shall attend bi-weekly progress meetings arranged by the County. At these meetin~zs the Consultant shall provide an updated project progress schedule (CPM chart prepared using Microsoft Project) and any other materials that need to be discussed to keep the project moving and the funding parties informed. The Consultant shall also be prepared to make presentations to the Board of County Commissioners, City Council, and the Big Cypress Basin Board at the completion of'the project and any special meetings they may request. The following sections describe the required work to be completed by the Consultant under this Phase llI Scope. Page 20 o! 46 APR 0 7 1998 pG.,,,,.,?.,,1 . Gordon River Ext. Basin Study - Phase III Contract No. 91-1763 Section I - Basin Related Research and Information Collection. The following documents, permits, and other information sources relevant to the Basin shall be researched and cataloged. The research and irtformation collection areas are shown on Exhibit 'A'. The relevant documents shall be cataloged and placed in 3-ring binders. Relevant int'ormation and data shall be entered into either the GI$ databases or other appropriate database such as MS Access or Excel depending on its intended purpose and as ~urther specified in the scope herein. A. The Consultant shall determine the location and current ownership of land parcels, existing public drainage easements, road fight-of-way, utility easements, conservation easemenls, preserve areas, utility lines and all other potential conflicting land uses or facilities within four hundred feet (400') of the GRE and all ofthe side branches. The land parcel information shall include parcel identification, owner name and address, site address, legal description, type and intensity of land use, variations in runoff rates, areas of known flooding problems, and environmental sensitivity levels. Accompanying documentation shall be provided which shows the easements, right-of-way, etc. that have been recorded, proposed within developments but not conveyed to the County, or other status as may exist. The Florida Department of Environmental Protection and the Collier County Pollution Control Department shall be contacted to obtain information on potential and known pollution sources including hazardous materials users, hazardous waste generators, nutrients, pesticides and herbicides. Real Property Division of Collier County will contract with and ~urnish to the Consultant Title information for those parcels lying within four hundred feet (400') of the GRE and side branches. The Consultant shall obtain the latest soils information available from the Natural Resources Conservation Service (formerly the Soil Conservation Service), Big Cypress Basin, the Agricultural Extension Service and other reliable soils data. The Consultant shall obtain the latest land use information provided by the Florida Department of Revenue for all parcels within the entire basin. The Consultant shall obtain copies of available permits issued by the South Florida Water Management District'for the entire basin. Permit information should include, if' available, the name of permit holder, date of issuance and expiration, copies of the perrnhs, photographs of the outfall structures, "As-Built" drawing copies of the outfall structures, field measured "Existing Condition" dimensioned sketches of the outfall structures, copies of the development project basin discharge hydrographs, perimeter berm elevations and current conditions, and a generalized evaluation of their operational condition. Page 21 of 46 Gon~n River Ext. Basin Study - Phase Iff Contract No. 91.1763 The Consultant shall obtain copies of available permits issued by the U. S. Army Corps of Engineers, Florida Department of Environmental Protection, and Collier County related to wetlands and wetland impacts/mitigation ,,vithin the wetland study area. Section 2 - Data Collection The following data shall be collected by the Consultant. The data collection areas are shown on Exhibit 'A'. The relevant data shall be entered into either the (SIS database or other appropriate database such as MS Access or Excel depending on its intended purpose and as fiarther specified in the scope herein. Hardcopy of the data shall be cataloged and placed in 3-ring binding. A. Wetlands The Consultant shall collect the data for freshwater wetlands including: type of wetland, size, FLUCCS identification, approximate wetland line location in accordance with current state and Federal definitions, extent of exotic/nuisance species infestation. In addition, a determination of the seasonal and historical high wetland water elevations and estimated hydroperiods for natural wetland systems will be made. The Consultant shall collect data for saltwater wetlands including: type of wetland, size, FLUCCS identification, approximate wetland line location in accordance with current state and Federal definitions, extent of exotic/nuisance species infestation, and existing effects of freshwater discharge from the Study Area outfall(s). The parameters to be used to determine the existing effects of freshwater discharge will be agreed upon prior to the initiation of work. Ail wetlands, saltwater and freshwater, identified in this data gathering effort shall be delineated and mapped using available aerial photography (1996 Collier County aerials and Collier County infrared photography) with ground-truthing as necessary to provide reasonable accuracy for future wetland/stormwater improvement planning. Ground-truthing will include a GPS point location ofwetlands (within 2 to 5 meter accuracy). B. Field Survey The Consultant shall collect sup'eyed profiles of the existing channels comprising the GRE drainage system. The channels to be surveyed are shown on Exhibit "A". Beginning in the main GRE at a point approximately four hundred feet (400') south of the existing Al~,ffI., gates adjacent to Golden Gate Parkway and proceeding north, detailed cross sectional surveying of the GRE channels shall be obtained at approximately five hundred feet ($00') intervals and where noticeable changes in the channel cross section occur between these intervals. These channel cross sections shall extend one hundred fifty feet (150') on each side ofthe channel or to a definite channel boundary condition (e.g. constructed berm, dwelling, natural higher Page 22 of 45 APR 0 7 1998 Gordon River Ext. Basin Study - Phase III Contract No. 91-1763 ~zround, etc.) that serves as a peak flow containment limit. Cross sections shall also be taken it channel intersections and at other locations where contributing discharges are observed (e.g. development discharge points, etc.) Notations taken about the cross sections shall identify the observed conditions for flow restrictions (e.g. type and thickness of' vegetation, kigh water marks, current water elevation, observed blockages upstream and downstream, etc.). Surveying information shall also be gathered for all drainage facilities (e.g. culverts, bridges, pipes, water level control structures, etc.) within the GRE channels as shown on Exhibit "A". Th~s information shall pro,fide, at a minimum, the location, County Inventory Number (taken from the Drainage Atlas), type, size, condition, upstream and downstream invert elevations, overtopping elevation, flow length through the facility, control elevation and bleeder elevation for water level control structures, and a channel cross section immediately upstream and downstream. For the piped discharges into the ditch along the west side of Goodlette-Frank Road, information shall identify the location and as much information as can be reasonably gathered about the connecting storm drain networks to allow for an adequate modeling ofthe overall system. The Consultant shall obtain from Hole Montes and Associates the survey information for the length of the Goodlene-Frank Road drainage facilities between Pine Ridge Road and the Conse,wancy side branch. The survey data shall be reduced, depicted, and categorized in accordance with Section 3.F. C. Water Quality, Flow, and Stage Data C. 1 Data Collection and Analysis The Collier County Pollution Control Department will conduct a research effort for existing sampling and l-fistoricai studies performed and available at other public entities (e.g., Collier County, Big Cypress Basin, South Florida Water Management District, Florida Department of Enviroru-nental Protection, City of Naples, Conservancy, and. U.S. Army Corps of Engineers). The data researched will include ambient water quality, sediment quality, water stage and flows, biological assessments, fish tissue samples, etc. The data researched will then be evaluated by the Consultant to deter'm/ne the need for additional data collection to provide missing, out of date, or diagnostic data needed for the proper analyses of pollutant loadings from the GRE into Naples Bay. C.2 Field Studies The objectives oftNs subtask is to conduct field studies for preparing a data base to allow the development of' pollutographs corresponding to rainfall and runoffhydrographs. This subtask APR 0 ? 1998 Gordon River Ext. Basin Study - Phase III Contract No. 91.1763 will only be necess,~'y if the evaluation in C. 1. indicates that additional data is necessary. We understand that the County has already initiated a limited water quality sampling program for the GP,~ in Phase II of' ti'ds project and plans to continue. The Consultant will develop a plan for the County to conduct additional water quality and quantity sampling and measurements, to supplement the data already collected by the County. Based on the additional data plan, the County will purchase and place the equipment necessary to gather the additional data. The Consultant will meet with the County and participate in a field tour to select locations for the equipment. The sampling plan prepared by the Consultant b-ill be discussed at this meeting. We understand the County will have the equipment installed at the locations selected in the meeting described above. The Consultant recommends purchasing equipment with a telemetry setup so the County can call the units to determine when a field visit to collect samples is needed. It is our understanding the units would be in place at least one year. Maintenance of the equipment twice per month is recommended. We understand the County will collect the samples, deliver them to the laboratory for analysis and conduct the analysis. C.3 Report Once the data azd samples have been collected and laboratory analyses provided, the information will be compiled by the Consultant into a database suitable for ready insertion into the SWM2,A model being developed by the Big Cypress Basin. Four copies of the data gathered w~II be compiled into notebook form, organized and indexed. Pollutographs for selected parameters will be developed from the field data provided by the County showing pollutant loadings being discharged from the GRE into the headwaters of Naples Bay. These pollutographs will identify parameters such as timing, concentrations, volumes, and compliance levels where applicable. Section 3 - Basin Mapping and Database Development GIS mapping and other database sets shall be developed to depict and transfer to the County the collected information, documents, and data. Ail relevant documents v-ill be cataloged and placed in 3-ting binders. The GIS database information shall be developed in a layered format (e.g. one layer for parcel boundaries, one layer for drainage easements, one layer for road fight-of-way, one layer for utility easements, etc.) to allow for future flexibility in use of the information. The remaining data not appropriate for GIS shall be entered into another database such as MS Access or Excel depending on its intended purpose. Page 24 of 46 APR 0 7 Igg8 Gordon River Ext. Basin Study - Phase III Contract No. 91-1763 A. Basin Boundary Delineation Map A Basin Boundary Delineation Map (BBDM') shall be prepared along with a legal description for purposes of establishing a future taxing andIor assessment district. This BBDM will also be used to identify the total basin area for use in the hydrologic and hydraulic modeling effort of Phase IV. The BBDM data will be developed ~ a separate survey exN'bit, since the BBDM survey will be represented on the Base Map to identify parcels. 'INs Base Map combines the raster imagery topographic aerial mapping prepared by Kucera and Associates, Inc. (Kucera) as part of Phase II oftkis project and the property maps fi.om the Collier County Appraiser's files. \\q~ere the basin boundary subdivides a property, the BBDM shall provide sufficient detail, along with an accompanying legal description, to clearly delineate the boundary. The BBDM shall be delivered to the County on CD ROM in an AutoCAD Release 12 format with GSX overlay for the raster aerial imagery, along with a set of' high quality mylars and three (3) sets of blueline maps at a scale of' 1" = 200' signed and sealed by a Florida Professional Surveyor and Mapper. In addition, the BBDM shall be delivered to the County on CD ROM in an ARC/INTO export format compatible with the SWl~vl model currently being developed by the Big Cypress Basin. The BBDM legal description shall represented on the Base Map. Land Kights3,.Jse Map A detailed GIS Land Rights and Use Map (LRUM) shall be prepared utilizing the information and data collected in Section 1.A. The Consultant shall be responsible for keeping the im%rmation on the LRUM, and all supplemental documentation, updated through to the final completion of the Phase III project. The LRUM shall overlay the Base Map. C. Composite Soils Map A Composite Soils Map (CSM) shall be prepared utilizing in soils information collected in Section I.B. The CSM may be prepared as a layer in the Land Rights Map with appropriate labeling. The CSM shall overlay property boundaries throughout the basin, clearly show soil type delineation boundaries, and pro,fide adequate explanations of the soil characteristics (i.e. soil types, associations, drainage features, etc.) to make them readily understandable and recognizable in the hydrologic modeling of. Phase IV. The soil characteristics shall be submitted as accompanying documentation. The CSM shall overlay the Base Map. D. \Vetland Inventory Mapping A detailed GIS Wetlands Inventory Map (WIM) shall be prepared utilizing the information and data collected in Section 2.A. The WIM shall overlay the Base Map. The intent of this map is to identify and describe wetlands that may be incorporated into or may be affected by ~".,v'42~ w- o~,.~u Page 2.5 of 46 APR 0 7 1998 Gordon River Ext. Bas.-~ Study - Phase III Contrac~ NO. 91.1763 s~ormwater improvements in the GRE basin for this phase of project planning. Wetland impacts, both freshwater and saltwater, are one of the major issues to be addressed in the GRE Master Plan. The wetland inventory mapping shall include the necessary data collection and analysis to identify the approximate location, extent, type, and extent of all jurisdictional wetlands, including ditches and canals, within the Study Area. E. Condensed Topographic Contour Map A Condensed Topographic Contour Map (CTC3,0 shall be developed for the entire GRE b~in utUizing the topographic contours from the Kucera aerial mapping prepared as a part of Phase i'I of the GRE Master Plan development program and other information that may be available. These existing Kucera aerial contours are in digital format as well as on mylars and are readily available from the Stormwater Management Department. (W~fBP has already obtained copies of these aerials and digital contours through the Phase II work and through work done for some other client by .Tack Abney.) Surveying information gathered by Section 2.B of tNs Phase iii scope shall be used to s~pplement the Kucera aerial contouring to provide ~eater detail. The CTCM shall overlay the Base Map. F. Field Surveying Data Detailed cross-section drawings shall be prepared utilizing the survey information collected in Section 2.B. The section drawings shall be to scale and shall include a key map showing the location of the sections. The section data shall be loaded into a HEC-2 card format capable of being read by the SWN~M model being developed by the Big Cypress Basin. The structure information shall accurately depicted by the field surveyor in the field notes. The structure irfformation shall include the location, County Inventory Number (taken from the Drainage Atlas), type, size, condition, upstream and downstream invert elevations, end treatment, overtopping elevation, flow length through the facility, control elevation and bleeder elevation for water level control structures, and other information necessary to model the system. The field notes shall be cataloged and placed in a 3-ring binder for reference. G. Water Quality, Flow, and Stage Data Report Once the data and samples have been collected and laboratory analyses provided, the information will be compiled into a database suitable for ready insertion into the model being developed by the Big Cypress Basin. Four copies of the data gathered for this task will be compiled into notebook form, organized and indexed. Pollutographs for selected parameters will be developed by the Consultant showing pollutant loadings being discharged from the GRE into the headwaters of Naples Bay. These pollutographs will identify parameters such as~iming, concentrations, volumes, and compliance levels where applicable. I ~,~&~7.3t 094 Ver Page 26 of 46 APR 0 7 1998 Gordon River Exl, Basin Study- Phase III Contract No. 91-1765 H. Other Supporting Documents and Information Other supporting documents and in.formation shall be cataloged and placed in indexed 3-ring binders. Section 4 - Deliverables Maps or Mappine - The final maps and mapping information shall be delivered to the County in the following formats: · Four (4) CD RO,M's in an AutoCAD Release 12 format with GSX overlay for the raster aerial imagery · Four (4) CD ROM's in an ARC/INFO Export format, compatible with the SWlV~! model currently being developed by the Big Cypress Basin · Four (4) CD-ROM's in an AutoCAD Release 12 format along with three (3) reproducible mylars of the field surveying plotted cross sections, drawings, sketches, etc. · Six (6) sets of blueline maps at a scale of 1': 400' except for the CTCM which shall be at a scale of 1": 200' · The sets of BBDM blueline prints shall be signed and sealed by a Florida Prof~gonal Surveyor and Mapper. · The sets of field surveying information blueline prints shall be at an appropriate and readily legible scale and signed and sealed by a Florida Professional Surveyor and Mapper. Layering of Information - When different information is placed on separate layers or'the maps or mapping irfformatioa, there shall be no overlap ofthe text. All text skill be ofthe same tom and format as agreed to by the County and a sample of the maps created shall be re~e~,~ and approved by the County prior to development offing deliverables. Accompanying Documentatign and Supplemental Information - Ail other accompa~%g documents and supplemental information gathered for the various tasks in this Phase Ill Scope shall be readily legible, bound in 3-ring binders, well organized and indexed. Four (4) copies will be provided. Section 10- Schedule Witkln ten days of the approval of an Agreement with the Board of County Commissioners, the Consultant shall develop,'and provide to the County, a schedule for the timely completion of all tasks within this Scope of Services. The schedule must be reviewed and approved by the County and shall include milestones for submittal and review of the work product drafts. The schedule shall utilize Microsoft Project and the County will be provided with a copy of the initially approved schedule and all updates, both in electronic and paper format. I ~/~. &'~?-'~ I 0~4 ¥~-' 011-~ $.~ Pa~e 27 of 46 APR 01 1998 Con:Ion River Ext. Basin Study - Phase Ill Contract No. 91-1763 : ~ 0 35C0 7000 'BOUNDARY SU~ INFORMATION ~ --.~ _~ ,. ~ FROM HOLE MONT~$ ' ~'~ SU~ INFORMATION GORDON R/VER E~ENT/ON BAS/N S~DY-P~SE · Pa;e 28 ~ 46 ~. Gordon River Ext. Basin St~:ly - Phase III SCHEDULE B BASIS OF COMPENSATION Contract No. 91-1763 B.1. As consideration for providing Basic Services as set fodh herein in Part A.2, of Schedule A, OWNER agrees to pay, and CONSULTANT agrees to accept, the time and reimbursable cost basis as shown on Exhibit "B" entitled "Summary of Fees" and Exhibit "C" entitled 'WMB&P Schedule of Fees" and "Schedule of Fees, Environmental Services, (for Law Engineering)" with the following exceptions and notations: B.1.1. Reimbursable expenses, subcontracts, etc. will be paid based upon the presentation of copies of receipts or invoices and the allowable billing is limited to cost plus ten percent (10%), except for subcontract services within the Law Companies or Wilson, Miller, Barton and Peek, Inc. which shall not be considered for an additional cost markup. B.1.2. The allowable vehicle mileage reimbursement rate is $0.29 per mile. B.1.3. OWNER must be informed by CONSULTANT, and agree in writing, prior to the working of CONSULTANT'S staff in situations which would require implementation of overtime rates and that are not due to CONSULTANT'S own fault or neglect. B.1.4. Reimbursable costs shall mean the actual expenditures incurred by the CONSULTANT while providing services under Part A.2, or Additional Services as may be amended to the AGREEMENT at some later date in the interest of the Project, listed in the following sub-paragraphs: (a) expenses for transportation and subsistence incidental to out-of-town travel (b) required by CONSULTANT and directed by OWNER expenses for preparation, reproduction, photographic production techniques, postage and handling of drawings, specifications, bidding documents and similar Project-related items in addition to those otherwise A4~A JT[~I/ · required in Part A.2; ~0.~ APR 0 7 1998 Gordon River Ext, Basin Study - Phase III Contract No. 91-1763 B.1.5. By way of example and not limitation, reimbursable costs shall specifically not include expenditures, except as otherwise described in paragraph B.1.4, such as: (a) (b) (c) (d) expenses for in-town transportation and subsistence; overhead, including field office facilities; overtime not authorized by OWNER; or expenses for copies, reproductions, postage, handling, express delivery, and long distance communications. B.2. The time and reimbursable cost sum figures on Exhibit B shall not be exceeded without a change in the scope of the project being approved by the Board of County Commissioners for Collier County, Florida. B.3. Payments will be made for services rendered, no more than on a monthly basis, within thirty (30) days of submittal of an approvable invoice, and in accordance with the Florida Prompt payment Act. The County project number and the purchase order number by which authority the services have been made, shall appear on all invoices. All invoices shall be reasonably substantiated, including receipts for all reimbursable expenditures, identify the services rendered and must be submitted in duplicate in a form and manner required by OWNER. B.4. CONStJLTANT acknowledges that Exhibit B - Summary of Fees, Exhibit C - WMB&P Schedule of Fees and Schedule of Fees Environmental Services for Law Engineering, each attached to this Schedule B are incorporated herein and, will be the basis for OWNER's budgeting, authorizing and monitoring of expenditures under this Agreement. Page 30 of 46 APR 0 7 1998 Gordon River Ext. Basin Study - Phase III Contract No. 91-1763 EXE[BIT 'B' SU?,t~fARY OF FEES The CONSULTANT shall be paid for their .services ~t the hourly rates shown in the WMB&P SCHEDULE OF FEES for the WMB&P and LAW ENGINEERING AND ENVIRO~~ SERVICES provided in Exhibit 'C' with an amount not to exceed $166,000, without approval by the COUNTY. Payments shall be made upon monthly billing payable within thirty (30) days of' receipt of an invoice acceptable to the COUNTY. Page 31 of 46 APR 0 7 1998 ~.. .,~___ Task Scope for the Gordon R~'er £xtention Basin Study Phase Ill - Additional Data Collection Gordon I:~ Ex~ E~ Sludy - Phase I11 Contract No. 91.1763 IProject ,M~¢ment and l'4eetings Project Management County Meetings (assume 1:5 meetings at 1.5 hfs each with 3 persons from the consultant) In-house team coordination meetings Presentations to BCC, BCBB, and Ci~. of Naples [Section 1 - Basin Related Research and Informa~on Collection IA lB lC 1D&E Land use and rights information Soils information Land Use LTDOR) SFV,.'MD, FDEP, and USCOE 't FEE S19,800 TME ,200 TME [Section 2 - Data Collection ] 2A Wetlands 2B Field survey 2C Water Quality, Flow, and Stage Data JSection 3 3A 3B 3C 3D 3E 3F 3G 3H [Section 4 $93,000 TME - Basin Mapping and Database Development B~sin Boundary Delineation Map Land Rights/Use Map Composite Soils Map Wetland Inventory Mapp/ng Condensed Topographic Contour Map Field Surveying Data Water Quality, Flow, and Stage Data Report Other Supporting Documents and Information - Deliverables [ Four (4) copies on CD ROM in an AutoCad Release 12 formal wlGSX overlay for the raster aerial imagery.. Four (4) copies on CD ROM in an An:Info format set up for '_,mmediaxe use in the SWarM model currently being developed by the Big Cypress Basin.. Four (4) copies on CD ROM in an Autocad Release 12 format along ~'ith three (3) reproduc~le mylats of the field surveying plotted cross sections, drawings, sketches, etc. Six (6) set~ of blueline maps at a scale of 1"=400' except for the CTCM which shall be at a scale of 1"..200'. Four (4) copies of 3-ring binders ?orals Sl~,O00 TME 475GRJESF.XLS2'25/g8 Page I · APR 0 7 1998 Gordon River Ext. Basin Study - Phase III Contract No. 91.1763 '0 EXHIBIT 'C' WMB&P SCHEDULE OF FEES Effective August 30, 1997 ~PROFE$SIONAL STAFF PC I Profe~iona] Consultant Level I $55.00/Hr. PC II Professional Consultant Level II 70.00,'Hr. PC III Professional Consultant Level III $5.00/Hr. PC IV Professional Consultant Level IV 95.00/Hr. PC V Professional Consultant Level V 110.00/Hr. PRN Principal of the Firm 135.00/Hx. SUPPORT STAFF CT 1 Computer Technician I 45.00/Hr. CT2 Computer Technician II 55.001Hr. CT3 Computer Technician IU 65.00/Hr. FT1 Field Technician I 45.00/I-Ir. FT2 Field Technician II 55.00/Hr. FT3 Field Technician rrt 60.00/Hr. AMA1 Administrative Assistant I 35.00/Hr. AMA2 Admi~strafive Assistant II 50.00/Hr. CW2 2 Person Field Crew (Add $15.00/Hr. for each addition crew member) 85.00/I-b'. Unit billings, such as prating and survey rrmterials, will be billed at W'Llson Miller stand~rd 1'1res (Schedule available on request). Ail other out-of-pocket expenses will be billed at ex)st + 15%. Page 33 c~ 46 Gordon River Ext. Basin Study - Phase III SCHEDULE "C" SCHEDULE OF FEF~ ENVIRONMENTAL SERVICF-~ (for LAN ENGINEERING) Contract No. 91.1763 A. PROFF-,S~O NAL PER$ON~IEI. Charges will be ma4¢ at the following rate~ for engineers, scientists, etc, for time spent in admirdsr, ritiofl, co~ulWJon o~ meetings telata:l to ~e pwjec~, field i~pection and evaluation, review u~l znalysis of fldd ~ laboratory dat.~ trnvel time, report preptr~do,, ~ review, e~. Preparation ~d time spent for exper~ testimony will be ch~rgecl at l.:~ times Re standant r~t~. Rate P~- ~ourfs_l b~TA.~~' E4~glneer/Ge~logi~t Sc~entist./Architect ...................................................... $60.00 PROJECT F'~gin~rlGeolog~ Scientist/Architect, Project M~nager ........................... SEN[OR~ltegistered Enginr44'IGeologlst/$cienti~t Architect, Project Manager ............... $85.00 EN~RO,~t~NTAL SER~C~ MANAGER/Registered Englnecr/Geologist/Scicntist/ Architect. ?roj~ct Engineer .............................................................................. PRINCIPAL Registered Enl:ineer/Geolugist Scientist/Architect, Project Manager ........ $120.00 b'-'PECIAL R ATE PEI;~ON'N'I~ List~ Below as Necesuty Page34of46 APS, l lgl:,t' 12 Gordon River Ext. Basin Stuo'y - Phase III Contract No. g1-1763 C?.'u-gas will b: maAe at the foll¢~ing ra~¢, for tim~ ~ I:~.sic r,,'pport services spest in portaJ.to. p:,,-tal travel, san:Fl{ns, conducing fiek{ inspc~oua, laboratory teats, drafiin{:, project ad,'ninL-tt:ticr., atx:{ v,~rk prueessga, $crv{ee$ r:o( cthem, ise c,har{~ ot~ a unit {~st bami$. Over c{{ht hours per day, holidays, Sr, Zurchy:~ antl Sund-~ work ,w~{ bcch, r~4 It ~ $ta/~"{;{ rl~ [~rl¢~ 1.30. Hour(s) Envimnmen~ Tcclmician I .................................................................................. ~0.03 Envirormaeuta{ 'r~Amichm II ................................................................................ $3.5.03 Ex'.virorenerual TechNcian Lq ................................................................................ ~..~.$.03 Enviroranema{ Tec. hni¢i~n IV ................................................................................ $50.03 Principal 'l'¢el-mi¢ian ........................................................................................... ~,5~.00 Word Processor ................................................................................................. 835.03 Dnhtp~on .................................................................................................... ~.00 1) Direct ran-sU,..,-y ¢ ,x',pcrucs ix'u.,'red t.,'d id:~fi.,'d lo the project and no~ applk, able to general ovm'head ,,r~ql I:~ invoie.4M au our ~ cilviciexl by 0.8. £:ttrnplc$ of direct expcnt~ are pru}<t supphes, travel and lodging. 2) Comps.ny owned vehicles {&g., piclo~ and vzns) and p~rmonai zuto,nebiles used on project ~ be charged at a~ mil~4ge r'~e of $030 p~r mile. ' .. SUBCO~CrS 1) 3:.hcon~ct :crvices outside I/': Law Ccmpaa. ies (if requ~a') will bc invoie, xxl at out cost m,.tltipli.,d by I. 15. 2) Subcontract ~rvlcm u.'irhin the ! a~. Comp:ni~ Of requ. ired) wHI be invoiced wi-& no ri,ark-up. Page 35 of 46 APR 0 7 1998 ~._~age 2 o 2 Gordon River Ext. Basin Study - Phase III Contract No..~1-1763 SCHEDULE C PROJECT SCHEDULE The CONSULTANT has provided a project schedule, 'Gordon River Extension Basin Study Phase 3 Schedule" dated 2/24/98, using Microsoft Project, with a date of completion of June 16, 1999. This includes an estimated fifty-two (52) weeks for addit;onal data collection under item C.2., Field Studies. This item may not be necessary upon a thorough analysis of existing data. If the time to gather additional data is reduced, the CONSULTANT will provide a revised project schedule to show an eadier completion date. During the course of completing the work in this agreement, the CONSULTANT will provide pedodic updates to the project schedule as part of the project progress meetings. Page 36 of 46 APR 0 7 1998 Cordon River Ext. B;sin Study - Phase III Contract No. 91-1763 Gordon River Ext. Basin Study - Phase III Contract No. 91.1763 SCHEDULE D INSURANCE COVERAGE (1) The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. (2) The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater. (3) Coverages shall be maintained without interruption from the date of commencement of the work until the date of completion and acceptance of the Project by the Owner or as specified in this Agreement, whichever is longer. (4) Certificates of insurance (3 copies) acceptable to the Owner shall be filed with the Owner within ten (10) calendar days after Notice of Award is received by Consultant/ Professional. Such certificates shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least thirty (30) days pdor wdtten notice has been given to the Owner. (5) All insurance coverages of the Consultant/Professional shall be pdmary to any insurance or self insurance program carried by the Owner applicable to this Project. (6) The acceptance by Owner of any Certificate of Insurance does not constitute approval or agreement by the Owner that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement. (7) Consultant/Professional shall require each of its subconsultants to procure and t~ maintain, until the completion of the subconsultant's work, insurance of the types and to the APR 0 7 1998 Gordon River Ext. Basin Study - Pha,~e III Contract No. 91-1763 limits specified in this Section unless such insurance requirements for the subconsultant are expressly waived in writing by the Owner. (8) Should at any time the Consultant/Professional not maintain the insurance coverages required herein, the Owner may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the Consultant/Professional for such coverages purchased. The Owner shall be under no obligation Io purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the Owner to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Contract Documents. (9) If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the Work or termination of the Agreement, the Consultant / Professional shall fumish to the County, in triplicate, renewal or replacement Certificate(s) of Insurance not later than thirty (30) calendar days pdor to the date of their expiration. Failure of the Consultant/Professional to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate the Agreement. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Required by this Agreement? (check one) X Yes No (1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the Consultant/Professional during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: a. Worker's Compensation - Florida Statutory Requirements b. Employers' Liability (check one) $100,000 Each Accident $500,000 Disease Aggregate $100,000 Disease Each Employee Page 39 of 46 APR 0 7 1998 _ Gordon River Ext. Basin Study - Phase III Contract No. 91-1763 X $1,000,000 Each Accident $1,000,000 Disease Aggregate $1,000,000 Disease Each Employee (2) The insurance company shall waive its Rights of Subrogation against the Owner and the policy shall be so endorsed. (3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. (check one) ~ Applicable X Not Applicable (4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. (check one) Applicable X Not Applicable COMMERCIAL GENERAL LIABILITY Required by this Agreement? (check one) X Yes No (1) Commercial General Liability Insurance shall be maintained by the Contractor/Consultant/Professional. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Products and Completed Operations coverage shall be maintained for a period of not less than five (5) years following the completion and acceptance by the Owner of the work under this Agreement. Limits of Liability shall not be less than the following: (check one) General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage Page 40 of 46 $300,000 $3OO,OOO $300,000 $300,000 $ 5O,OOO I APR 0 7 1998 l _ Gordon River Ext. Basin Study- Phase III Contract No. 91-1763 General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage $500,000 $500,000 $500,000 $500,000 $ 50,000 X General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage $1,000,000 $1,000,000 $1,000,000 SI,000,000 $ 50,000 (2) The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. "This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." (3) If the General Liability insurance required herein is issued or renewed on a 'claims made" basis, as opposed to the 'occurrence" form, the retroactive date for coverage shall be no later than the commencement date of the Project and shall provide that in the event of cancellation or non-renewal the Extended Reporting Pedod (Discovery Period) for claims shall be no less than three (3) years. (4) The Owner shall be named as an Additional Insured and the policy shall be endorsed that such coverage shall be primary to any similar coverage carried by the Owner. (5) Coverage shall be included for explosion, collapse or underground property damage claims. (6) Watercraft Liability coverage shall be carried at the limits shown above if applicable to the completion of the work under this Agreement. (check one) X Applicable __ Not Applicable Pa~e 41 of 46 Gordon River Ext. Basin Study - Phase III Contract No. 91-1763 (7) Aircraft Liability coverage shall be carried at limits of $2,000,000 each occurrence if applicable to the completion of the work under this Agreement. (check one) Applicable X Not Applicable PROPERTY INSURANCE - BUILDERS RISK (1) Property Insurance - Builders Risk coverage shall be carried by the Owner if applicable. (check one) ~ Applicable X Not Applicable (2) The Owner shall purchase and maintain in a company or companies lawfully authorized to do business in the State of Flodda and in Collier County, property insurance in the amount of the initial Contract Sum as well as subsequent modifications thereto for the entire Work at the site on a replacement cost basis without voluntary deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents °r~ otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made or until no person or entity other than the Owner has an insurable interest in the property required to be covered, whichever is eadier. This insurance shall include interests of the Owner, the Contractor, Subcontractors, Sub-subcontractors and Material Suppliers in the Work. (3) Property insurance shall be on an all-dsk policy form and shall insure against the perils of fire and extended coverage and physical loss or damage including, without duplication of coverage, theft, wind and hail. vandalism, malicious mischief, collapse, falsework, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and, at the Owner's option, shall cover reasonable compensation for Professional's services and expenses required as a result of such insured loss. At the Owner's option, flood insurance will also be purchased. Page 42 o{ 46 APR 0 7 1998 Gordon River Ext. Basin Study - Phase III Contract No. 91-1763 (4) The property insurance provided by the Owner requires minimum deductibles and the Contractor shall pay costs not covered by the deductibles. The responsibility of the Contractor for any deductible associated with the all-risk policy described above shall be limited to a maximum of $1,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents. The responsibility of the Contractor for any deductible associated with the flood insurance identified herein, if purchased by the Owner, shall be limited to a maximum of $1,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents. (5) This property insurance shall cover portions of the Work stored off the site after written approval of the Owner at the value established in the approval, and also portions of the Work in transit. (6) Boiler and Machinery Insurance. The Owner shall have the option of purchasing and maintaining boiler and machinery insurance required by the Contract Documents or by law. which shall specifically cover such insured objects during installation and until final acceptance by the Owner. If purchased this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub-subcontrators in the Work. (7) Waivers of Subrogation. The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub-subcontractors, agents and employees, each of the other, and (2) the Professional, Professional's consultants, for damages caused by fire or other perils to the extent covered by property insurance obtained pursuant to this or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The policies shall provide waivers of subrogation by endorsement or otherwise. (8) A loss insured under Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear. Page 43 of 46 APR 0 7 1998 Gordon River Ex1. Basin Study- Phasa III Contract No. 91-1763 (9) If Builders Risk coverage is applicable the Contractor shall be responsible for the following maximum deductibles per occurrence per paragraph (3) above. (check one) All Risk Policy - $1,000 maximum deductible All Risk Policy - Maximum deductible of $ Flood Policy - $1,000 maximum deductible Flood Policy - Maximum deductible of $ AUTOMOBILE LIABILITY INSURANCE Required by this Agreement? (check one) X Yes No (1) Automobile Liability Insurance shall be maintained by the Contractor / Consultant / Professional for the ownership, maintenance or use of any owned, non-owned or hired vehicle with limits of not less than: (check one) X Bodily Injury & Property Damage - $ 500,000 ~ Bodily Injury & Property Damage - $1,000,O00 (2) The Owner shall be named as an Additional Insured under the policy. UMBRELLA LIABILITY (1) Umbrella Liability may be maintained as part of the liability insurance of the Contractor/Consultant/Professional and, if so, such policy shall be excess of the Employers' Liability, Commercial General Liability and Automobile Liability coverages required herein and shall include all coverages on a "following form" basis. Page 44 o~ 46 APR 0 7 1998 Gordon River Ext. Basin Study - P~..ase III Contract No. 91.1763 (2) The policy shall contain wording to the effect that, in the event of the exhaustion of any underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply as primary insurance. (3) The General Aggregate limit, if applicable, shall apply separately to this project and the policy shall be so endorsed. PROFESSIONAL LIABILITY INSURANCE Required by this Agreement? (check one) X Yes No (1) Professional Liability Insurance shall be maintained by the Consultant/Professional to insure its legal liability for claims arising out of the performance of professional services under this Agreement. Such insurance shall have limits of not less than: (CHECK ONE) $ 500,000 each claim and in the aggregate X $1,000,000 each claim and in the aggregate $2,000,000 each claim and in the aggregate $ each claim and in the aggregate (2) Any deductible applicable to any claim shall be the sole responsibility of the Consultant/Professional and shall not be greater than $150,000 each claim. (3) The Consultant/Professional shall continue this coverage for this Project for a period of not less than five (5) years following completion and acceptance of the Project by the Owner. Page 45 of 46 APR 0 7 1998 Gordon River Ex~. Basin Study - Phase III Contract No. 91-1763 SCHEDULE E TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, Wilson, Miller, Barton and Peek, Inc. hereby certifies that wages, rates and other factual unit costs supporting the compensation for the engineering, surveying, and environmental services of the CONSULTANT to be provided under the Professional Services Agreement, concerning Gordon River Extension Basin Study- Phase III are accurate, complete and current as of the time of contracting. WILSON, MILLER, BARTON AND PEEK, INC. BY: DATE: (Type or Print Name and Title) Revised: JUNE 3, 1997 AC Page 46 of 46 EXECUTIVE SUMMARY APPROVE AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH HUMISTON & MOORE ENGINEERS FOR THE MARCO ISLAND SEGMENTED BREAK~VATER PROJECT. OBJECTIVE: To obtain approval of an Amendment to the Professional Services Agreement with Humiston & Moore Engineers to provide post-construction monitoring services for the Marco Island Segmented Breakwater project. CONSIDERATION: On December 20, 1994, the Board of County Commissioners approved a Professional Services Agreement with Humiston & Moore Engineers to perform professional services related to the design, permitting and construction of a segmented breakwater system for the Marco Island Beach Restoration Project. Construction of the Segmented Breakwater System has been completed and it is now necessary to monitor the performance of same consistent with the program required by the state following completion of the Marco Island Beach Restoration Project. Results of the monitoring will be presented in report form to the permitting agencies and the Beach Renou,'-ishment/Maintenance Committee for review and recommendations as to future activities necessary to maintain the integrity of the segmented breakwater system. The attached Amendment to the Professional Services Agreement has been prepared to provide authorization for the proposed monitoring services during 1998. This proposal has been reviewed and recommended for approval by the Beach RenourishmentJMaintenance Committee and the Tourist Development Council. FISCAL IMPACT: Cost: Fund: Cost Center: Project Number: $23,900; to be obligated in the budget for FY' 97/98. (195) Tourist Development - 6(P,4 (110406) Beach Renourishment & Pass Maintenance - Category A (80218) Marco Island Beach Maintenance Appropriation of funds for this purpose was approved by the Beach Renourishmen'dMaintenance Committe~ on .lanuary $, 1998, the Tourist Development Council on February 2, 1998 and the Board of County Commissioners on February 17, 1998, Agenda Item g(E) (3). GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of Coumy Commissioners appr~m the attached Amendment No. 1 to the Professional Services Agreement with Humiston & Moore Engineers for the Marco Island Beach Restoration Project and authoriz~ the Chairman to execute the Amendment. APR 0 7 1998 Executive Summary Marco Island Project Page 2 PREPARED BY:~ Harold E. Huber Project Manager, OCPM Adolro A. ~onzalez, 2P~. x,.) Dir~or, ~PM ~~D BY: ~ Public Works Administrator Date: 3'~-~'9~ Date: Ex~.$unt HEH.IK004 Attachment cc: Beach Renourishment/Maintenance Committee Hurniston & Moore Engineers APR 0 ? 1998 AMENDMENT NO. 1 MARCO ISLAND BEACil RESTORATION PROFF..SSIONAL SERVICES AGREEMENT THIS ^GREEMENT IS MADE AND ENTERED INTO THIS day of ,19 , by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the Slate of Flor~da (hereUnder referred to M thc "OWNEI:L") ~nd Humiston & Moore Engineers, a Florida coq>oration, authorized to do business in thc State or Florid~ whose business address is 10641 Airport Road North, Suite 29, Naples. Florida 34109 (herelna~er refened to as the "CONSULTANT"). WITNESSETH: WIIEREAS. the OWNER desires to obtain the professional engineering and surx'eying gen.'ices of the CONSULTANT concerning certain moniloring services for the ,"datco Island Beach Restoration Project (herein after referred to as the "Project"). said scv.'ices being more fully described in Exhibit "A" attached hereto; and WIiEREAS, on December 20, 1994, the Board of County Commissioners approved a Pro£cssional Services Agreement with Ihe CONSULTANT to perform pro£cssional services related to the design, permitting and construction of · segmented break~'atcr system for thc Project: and WUEREAS, the CONSULTANT has submitted a proposal for provision of monitoring services during 1998; and WilEREAS, the CONSULTANT represents that it has expertise in the type of prcfessional services that will be required for the Project. NOW TII EREFORE, in con~deration of the mutual covenants contained herein and other good and valuable consideration, the Marco Island Beach Renoudshment Professionzl Services Agreement entered into on December 20, 1994 (he~e~naiter also referred to a.s the "Agreement") is hereby amended as follows: 1. Schedule B, Attachments B and C of the Agreement dated December 20, 1994, is hereby amended snd revised as set forth in Exhibit "A" attached hereto. Said Exl~'b|t "A' is the Fcbmu7 16, 1998 letter from Humiston & Moore ,Engineers to Project Manager Harry Huber re: "Proposal for Monitoring of the Marco Island Breakvaster Project Perforrr~nce". 2. Article Five of the Agreement is hereby ~mended ~s follows: Compensation by the OWNER for services rendered hereunder by CONSULTANT shall not exceed__ an APR 0 7 1998 aggregate a~nount of $23,900.00 as provided in Ex~'b;t 'A" attached hereto without an appropriate change order or amendment to this Agreement. 3. Other than the changes/additions indicated in this Amendment, all provisions of the original contract ~e in full force and effect. " IN WITNESS WIIEREOF, the parties hereto have execmed this angndment to the Agreement the day ~nd year first written above. ATI'EST By: Clerk BOARD OF COUNTY COhOVilSSIONERS FOR COLLIER COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA Approved as to form and Witness By: Barbara B. Berry, Chairman Humiston & Moore Engineers Kenneth K. Humiston, P.E. President Typed or printed name Witness (CORPORATE SEAL) ....%~..a,I.x /.~-,, g~,e,, ~-- Typed or printed name I J E I t IK'AiM F.N D Id F~%'T'J APR 0 7 1998 HUMISTON MOORE ENGINEERS COASTAL ENGINEERING DESIGN ~D PEPMIT?ING EXH~rr "A" 106~I A~RPORT ROAD N.. SurrE 2~ NA~.ES. FLORIDA FAX: ~'! $~ 2025 February 16, 1998 Mr. Harry Huber, P.E. Office of Capital Projects Management 3301 E. Tamiami Trail Naples, FL 34112 Re: Revised Proposal for Monitoring of the Marco Island Breakwater Project Performance, H&M File No. 6053 Dear Harry: As a follow up to our meeting on January 9, 1998, we are providing this revised proposal, for monitoring the performance of the referenced project. The scope of work includes monitoring for a period of five years, which is consistent with the program required by the state following completion of the Marco Island Beach Restoration Project. This proposal is for the first year of monitoring, analysis, and report preparation using data in part to be collected by others and provided to Humiston & Moore Engineers by Collier County. As we discussed, this contract will be renewable on an annual basis in accordance with fee schedules current at the time of renewal. SCOPE OF WORK Beach Monitoring Analysis of beach profiles out to wading depth at nine locations at approximately 100 foot intervals fi.om the south groin to the north end of the seawall at Cape Marco as shown on the attached figure, and analysis of the data for incorporation in the subsequent annual monitoring report. Estimated cost per monitoring event $ 5.380.00 Beach and Hydrographic Monitoring Analysis of beach profiles as described above plus hydrographic surveys of the nearshore region around the breakwater segments, the inlet shoals, and portion of the channel as shown on the attached figure. Analysis of the data, comparison with previous surveys, and preparation of an annual report with graphic illustrations and discussion of results. Estimated cost per monitodng event $11,020.00 Page I of 2 EXH~I"r Additional Services and Contingency To include but not limited to meetings, presentations, administrative assistance, and agency coordination as may be requested bay the Owner. Estimated cost $ 7,500.00 We propose to provide you with these se~ces on a lump sum basis, billed on a monthly basis as percentage complete. Attached is a copy of our current fee schedule and Standard General Conditions, dated January 1, 1998. Sincerely yours, HUMISTON & MOORE ENGINEERS Kenneth K. Humiston, P.E. Page 2 of 2 HUMI$~ON & MOO~E I:NGINEER$ · NAPLES. IgLORIDA HUMISTON MOORE ENGINEERS COASTAL £~G~EERING D[SIGN AND PERMITTtNG 10641 4JRPORT ROAD N. SLATE 29 NAntES, FLO~JOA ~4109 FAX ~4! 594 2025 I~HON[ .t~! ~ 2~2f FEE SCHEDULE Humiston & Moore EnGirmem January 1, 1998 Principal Engineer' ........................................................... $100.00/hr Senior Engineer' ............................................................... $75.00/hr Staff Engineer .................................................................. ~5.00/hr Technidan ....................................................................... $55.00/hr Administrative Assistant ...................................................... $45.00/hr Facsimile .......................................................................... $1.001pg Copies (in house) ............................................................... $0.05/pg Mileage ............................................................................ SO.29/mi Telephone ...................................................................... No Charge 'Professional Registered Engineer All out of pocket expenses not covered above will be billed as expenses and inctuded with the monthly invoice. Reimbursable expenses will be b~ed at cost Subcontracts or subconsultants will be administered at cost plus 10%. Invoicing will be provided on a monthly basis unless specified differently in the contract. Payments are due upon receipt of invoice. A late payment charge of 1.$% per month, calculated from the date of invoice, may be imposed on any unpaid balance which remains unpaid more than 30 days from the date of invoice. ~2 EXItIBXT "A" 15,. XECI, ITWE SUMMARY APPROVE AMENDMENT NO. 3 AGREEMENT WITH HUMISTON ASSOCIATED WITH THE BIG MANAGEMENT PLAN. TO THE PROFESSIONAL SERVICES & MOORE ENGINEERS FOR WORK MARCO AND CAPRI PASS INLET OBJECTIVE: To obtain approval of an Amendment to the Professional Services Agreement with Humiston & Moore Engineers to provide monitoring services required by permit conditions for the Marco Island T-Groin Construction project. CONSIDERATIONS: On May 17, 1994, the Board of County Commissioners approved a Professional Services Agreement with Humiston & Moore Engineers to perform the Big Marco and Capri Pass Inlet Management Study. Amendment No. 2 to said Agreement authorized additional semices related to T-Groin Construction on Hideaway Beach. Construction has been completed and it is now necessary to implement services to monitor the performance of the structures as required by special conditions in the permits issued by the Florida Department of Environmental Protection. The information and data provided by these services will be used to evaluate the performance of these temporary structures and provide a basis for the design and application for permitting of permanent structures. The attached Amendment has been prepared to provide authorization for the required monStoring services during 1998. This proposal has been reviewed and recommended for approval by the Beach RenourishmenffMaintenance Committee and the Tourist Development Council. FISCAL ~IPACT: Cost: Fund: Cost Center: Project Number: $107,600.00; to be obligated in the budget for FY 97/98. (195) Tourist Development - 60% (110406) Beach Renourishment & Pass Maintenance - Category A (80221) Big Marco/Capri Pass Inlet Management Appropriation of funds for this purpose was approved by the Beach Renourishment/Maintenance Committee on January 8, 1998, the Tourist Development Council on February 2, 1998 and the Board of County commissioners on February 17, 1998, Agenda Item 8 (E) (3). APR 0 7 1998 P~- ! Executive Summary Big Marco & Capri Pm Inlet P~ge 2 GROW'IH MANAGEMENT IMPACT: None _RE~QMMENDATION: That the Board of County Con-mi~oners approv~ the al'tached Arnen~ No. 3 to ~e Professional Services Agreement with Hmniston Moore Enginee~ for the Big M~co & Capri Ptss Inlet IVl~rmgement Plan ~xl the Chairman to execute the ~ent. PREPARED BY: ~ Date: H~rold E. Huber OCPM Project Manager A REVIEWED BY: ' A¥o OCPM Direc~o~ REVIEWED Ed Ilschner Public Works Administrator Date: Attachment Beach Renourishmem/Maimenance Committee Humiston & Moore Engineers APR 0 7 1998 AMENDMENT NO. 3 CAPRI PASS AND BIG MARCO PASS INLET MANAGEMENT PLAN PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT IS MADE AND ENTERED into this ~of , 19 by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (herelnafter referred to as the =OWNER") and ltnmiston & Moore Engineers, a Florida corporation, authorized to do business in the State of Florida. whose business address ~s 10~41 Airport Road North, Suite 29, Naples, Florida 34109 (hereinafter referred to as the "CONSULTANT"). WITNESSETH: WHEREAS, the OWNER desires to obtain the professional engineering and surveying services of the CONSULTANT concerning certain monitoring services for the Capri Pass and Big Marco Pass Inlet Management Plan (hereinafter referred Io as the "Project"), said services being more fully described in Exhibit A attached hereto; and WHEREAS, on May t'7, 1994 the Board of'County Commissioners approved a Professional Services Agreement with the CONSULTANT to perform design services for the Project: and WHEREAS, the CONSULTANT has submitted a proposal for provision of' monitoring services during 199g; and WHEREAS, the CONSULTANT represents that it has expertise in the type o£ professional services that will be required for the Project. NOW THEREFORE. in consideration of the mutual covenants contained herein and other good and valuable consideration, the Capri Pass and Big Marco Pass Inlet Managemen! Plan Professional Services Agreement catered into on May 1'/, 1994 (hereinafter also referred to as the "Agreement") is hereby amended as t'ollows: I. Schedule B, Attachments B and C of the Agreement dated May 17. 1994. is hereby amended and revised as set forth in Exhibit attached hereto. Sald Exhibit 'A" is the January ~t 199g~ letter from APR 0 71gg8 I llumiston & Moore £nglneers to Project Manager Harry Huber re: "Proposal for Monitoring or' the T-Groin Project Performance.' 2. Article Five of the Agreement is hereby amended as follows: Compensation by the OWNER. for services rendered hereunder by CONSULTANT shall not exceed an aggregate amount of provided in Exhibit "A" attached hereto without an appropriate change order or amendment to this Agreement. 3. Other than the changes/additions indicated in this Amendment, all provisions or'the original contract are in t'ull force and effect. IN WITNESS WHEREOF, the parties hereto have executed this amendment to the Agreement the day and year first written above. ATTEST: By: Cleric BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA By: Barbara B. Berry, Chairman Approved as to form and legal sufficiency: Aee~ee~- County ,~r'ney Typed or printed name Witness / Humiston &: Moore Engineers Kenneth K. Humiston, P.E. President (CORPORATE SEAL) Typed or printed name ItEH/Ih/AMENDMENT 3 HUMISTON & MOORE ENGINEERS COASTAL ENGINEERING DESIGN AND PERMITTING 10~1 AIRPORT ROAD N., SUITE 29 NAr, ES, FLO~K:)A 3410g FAX. 94! 594 202S PHONE: J4! SM 21221 January 9,1998 Mr. Harry Huber, 'P.E. Office of Capital Projects Management 3301 E. Tamiami Trail Naples, FL 34112 Re: Proposal for Monitoring of the T-Groin Project Performance HM File No. 8-002 Dear Harry, In response to our meetings we have revised our proposal for the monitoring of the T- groins and comprehensive monitoring of the Hideaway Beach shoreline as you have requested. Specifically, we are providing you with this proposal for the first year's monitoring under a five year monitoring program of the performance of the Marco Island T- Groin Project as requested, and as required by DEP to satisfy the monitoring requirements of the temporary installation. As we discussed, this proposal is for the first year of monitoring, renewable on an annual basis in accordance with fee schedules current at the time of renewal. The required scope of work consists of a total of five years of monitoring and we will update this proposal later this year as requested. At that time we will have completed both the comprehensive and intermediate surveys and reports and will be able to refine the cost items as necessary based on the tasks to be completed this year. Following three years of monitoring, the State DEP has agreed to review the assessment of project performance for replacement of the temporary geotextile structures with permanent structures. The post construction survey has been completed, which will serve as a baseline for project performance evaluation through the next three to five years. Monitoring requirements were negotiated between the DEP Bureau of Beaches and Coastal Systems, the Florida Game and Fresh Water Fish Commission end the U.S. Fish and Wildlife Service. We plan to use Sea Systems Corporation (SSC) to collect the hydrographic profile data and have Agnoli Barber and Brundage (ABB) collect the upland beach profile data. As part of the post construction survey completed last year, additional monumentation was included near Collier Bay at the request of the Marco Island Beach Advisory Committee. Additionally, we have begun to monitor the upland changes at Coconut Island which was not being done under the previous monitoring in that area. 1 of 3 APR 0 7 lgg8 ~l~e' r~'' tts Scope of Work Task A: Surveys are required for post construction, 3-months, 6..months and thereafter at 6-month intervals for 5 years, comprising a total of 11 surveys. The annual surveys beginning with the post construction survey will be referred to as the comprehensive surveys which incorporate both the monitoring of the T-groins as well as ongoing the Hideaway Beach element of the Marco Island Beach Restoration project monitoring which consists of surveying a total of 38 beach profiles. Task B: The 6-month interval surveys following the annual surveys will be referred to as the intermediate surveys (Task B) comprising a total of 24 beach profiles for the monitoring of the t-groins and adjacent areas. Task C: Compaction monitoring is required each year and the results must be provided to DEP prior to April 1 of each year. The results will be coordinated with Collier County OCPM and DEP to determine the need for any additional tilling each year. Task D: Monitoring reports and project performance assessments are required after 6 months, one year and annually thereafter. The costs associated with the surveys and reports are listed below by year:. Summary of 1998 Costs ["1'askl Description Cost Annual Cost (A): Comprehensive survey (B): Intermediate surveys (2) (C): Compaction Testing for Report (D): Report & Analysis $19,400 34,600 2,800 19,100 Subtot. al for 1998: $75,900 In addition to the items above, we proposed to add Task E, the collection of post storm survey data. We propose to allow for two intermediate surveys to consist of the same survey as Task B, the results of which would be incorporated in the subsequent report. Such task will only be done upon written direction from the Collier County Office of Capital Projects Management. Task E: Post storm surveys upon direction from the OCPM $24,200 Task F is additional services, to be provided on a time and materials basis, to coordinate any necessary changes, report interpretations, project adjustments, meetings with County staff or representatives of Hideaway Beach regarding performance of the structures, or any other tasks required by the county which are not specifically included in Tasks A through E. A budget of $7,500 is recommended for this task. Should additional services requested by the county exceed this budget, a contract amendment to perform for such services will be submitted to Collier County for approval prior to conducting those services.. 2of3 HUMI$1ON & MOORE ENGINe:ERS o NAPLES. FLORIDA EXHIBIT "A" related to this Task F will be itemized in accordance with the attached fee schedule dated January 1, 1998. The fee schedule is subject to adjustment during the period of this contract. Total: Basic Services Plus Storm Contingency, Task F ~107.600 Following the performance evaluation of the structures after one year, we will provide you with a proposal to amend this contract for Task G to provide the design and permitting of the permanent structures. The permanent structures design will be based upon data collecte: during the ongoing monitoring. As required by DEP, the applications for the permanent installation cannot be filed until after three years of monitoring. With the exception of Task F listed above, we propose to provide these services by task on a lump sum basis. Should services be required which extend beyond this scope of work, such se?vices will be provided as Additional Services on a time and materials basis in accordance with the enclosed fee schedule dated January 1, 1998. Engineering services as referenced will be provided in accordance with the general conditions enclosed as part of this proposal. Shoulo you have any questions regarding this request, please give me a call. Sincerely yours, HUMISTON ~E ENGINEERS Brert D. Moore, P.E. Enclosures 3of3 HUMI$'~ON & MOORE ENGINEERS * NAI~t.E$. I~LORIDA APR 7 1998 iHUblISTON ' MOORE ENGINEERS COASTAL ANO PERMITTING 1C~1 AI~IK~T RGAD N. S4JI~ 29 NJ~..ES. IrLC)~A 341C~ FEE SCHEDULE Humiston & Moore Engineers January 1, 1998 Principal Engineer' ........................................................... $100.00/hr Senior Engineer' ............................................................... $75.00/hr Staff Engineer .................................................................. $65.00/hr Technidan ....................................................................... $55.00/hr Administrative Assistant ...................................................... $45.00/hr Facsimile .......................................................................... $1.00/pg Copies (in house) ............................................................... $O.05/pg Mileage ............................................................................ $0.29/mi Telephone ....................................................................... No Charge · Professional Registered Engineer All out of pocket expenses not covered above will be billed as expenses and included with the monthly invoice. Reimbursable expenses will be b~ed at cost Subcontracts or subconsultants will be administered at cost plus 10%. Invoicing will be provided on a mon~ly basis unless specified differently in the contract Payments are due upon receipt of invoice. A late payment charge of 1.5% per month, calculated from the date of invoice, ma.y be imposed on any unpaid balance which remains unpaid more than 30 days from the date of invoice. EXECUTIVE SUMMARY AWARD WORK ORDER NUMBER VB-27 FOR RESTORATION BAYVlEW PARK BOAT RAMP AND SEAWALL, PROJECT NO. $0067. OF ~: Approve Project budget and award a work order under Contract 95-2334 for Bayview Park repairs of Boat Ramp and Seawall. CONSIDERATIONS: Bayview Park boating traffic indicates continued use and potential increase of all facilities. The present Boat Ramp and Seawalls are in need of major repair. Bids were solicited using the annual construction Contract 95-2534. The lowest bid was from Vanderbilt Bay Construction Inc. for $75,850.00. Funds in Project No. 80067 are not sufficient to cover this project and a transfer from reserves is required to meet the proposed budget: Construction Design Services OCPM Services Contingency 25% Current [xg. gEd.~ Total Project I?~[tt[Le, Ill.~ to Date Needs $ 7S,S$0 S 75,S$0 2,000 4,300 6,300 5.150 4,290 $ 9.440 $ 83,000 $ 91,590 2o.7~0 $103,750 $8,590 $112,340 FISCAL IMPACT: For FY97 this project was budgeted at $109,000 which was funded by Florida Boater Improvement Funds. Actual expenditures for this project during FY97 were $10,314.20. The variance between budget and actual spent was placed into Reserves when the Parks Capital Carry Forward was processed in January. At the time of the budget preparation for FY98 it was not decided as to what would be done at this Park site. Funds are budgeted in the amount of $50,000 for FY98. A budl~et amendment is required to transfer $62,340 from Reserves to complete this project. Funds need to be transferred as follows: From To Fund: 306 1982 Cost Center' 919010 Object Code: 991000 Fund: 306 1982 Cost Center: 116360 Project: 80067 (Parks Improvement CIP) (Reserves) (Reserve for Contingencies) (Parks Improvement CIP) (Parks Capital Project) (Bayview Park Boat Ramp) APR 0 7 Executive Summary Work Order #VB-27 Page 2 GROWTH MANAGEMENT IMPACT: .None RECOMMENDATIONS: That the Board approve the award of Work Order VB- 27 to Vanderbilt Bay Construction, Inc. for $79,g50.00 using contract 99-2324 and authorize the OCPM Director to execute the Work Order. That the Board approve the proposed budget and the necessary budget amendment. PREPARED BY: Thomas A. Donegan ~ Office of Capital Projects Management REVIEWED BY: ;'Y~/~ ~ ^dolro A. Office of Capital Proje~rts M~nagement Director Parks & Recreation DATE: DATE: REVIEWED B Ed Ilschner Public Works Administrator DATE: TAD.lb.exsum 12 APR 0 7 1998 K.. I~ EXECUTIVE SUMMARY APPROVE SUMMER FOOD SERVICE PROGRAM GRANT FOR IMMOKALEE AND NAPLES SUMMER RECREATION PARTICIPANTS. Objective: That the Board of County Commissioners accept a State of Florida reimbursement grant to provide lunch to children of the County's Immokalee and Naples area summer recreation program. Consideration: The summer food service program was established to ensure that various agencies would provide the same high quality meals during the summer as provided during the school year. The grant offers free meals to children eighteen years and under in areas that qualify under the National School Lunch and School Breakfast Program. Immokalee is one hundred percent eligible for the Summer Food Service; the Naples area varies based on census tract income levels. Staff has successfully administered the summer food service program for the past fourteen (14) year~ through the summer camp program. Last summer the 1997 grant provided 16,668 breakf~ 63,2.00 lunches, and 25,716 snacks. This summer the program will provide an estimated 36,000 breakfasts, 70,000 lunches, and 5,000 snacks. School personnel prepare and deliver the lunches under the supervision of County staff. The County will be reimbursed based on the number of meals serviced to the children, and the costs of administering the program. Fiscal Impact: The program is budgeted under the FY98 Food Grant Fund (119-156342) in the amount of $214,000. The State will reimburse the County for 100% of expenses. Growth Management: None Recommendation: Commissioners approve the Florida Summer Food Service Program grant. Prepared by: ~~ ,~~ ~,_~.~. //~Dames R. Thomas, Athletics Supervisor epartment of Parks and Recreation Approved by:_ Murdo Smith, Recreation Manager Department of Parks and Recreation Approved by:, Department of Park(~d~ecreation Approved by: o*k aVW: o liff, A&fnismtor Division of Public Services The Parks and Recreation Advisory Board and staff recommend that the Board of County Date:~ ~ Date: ~. ~'(~_;.t~. 071998 APR 0 7 1998 EXECUTIVE SUMMARY APPROVAL OF A SETTLEMENT AGREEMENT AND RELEASE OF CLAIMS BETWEEN THE COUNTY AND AN EMPLOYEE OB,IECTIVE: To correct an existing salary inequity and c, onsi~ and approve a Settlement Agreement between the County and Ms. Nannetle Gcrl~rdt, an employee, as is more fully ret forth ia th~ at~:h~d :k'nl~ment Agreerr~t and Relea.~. CONSIDERATION: Tlg Park Ranger Supervisor position, which Ms. Gerhardt holds, has since its inception grown significantly in its responsibility along with the growth in the park ~stem. In a&Lifion to inc~ personnel r~nagement duties, the R~mger Supervisor has also been given the important responsibdity of collecting and a~ounting for beach parking revenues, which were not in place when the sutv:.rvisor was hired. The salary range of the position has not been adjusted to recognize the adct::~onal responsibility, and based on an internal salary survey of comparable positions is being paid an inequitable salary compared to other similar positions within the CountT's pay plan. The attached agreement provides for the salary range of the position to be increased from non- exempt position range 12 ($22,335-$33,503) to exempt range 112 ($31,426-$47,139}, which is equivalent to other positions based on a Human Resources job audit and point factor analysis. This v,411 change the position's status so that no overtime will be paid. In addition, the agreement resolves the claims asserted against the County in connection ~q,.h, Ms. Gerhardt's, emplo)anent situation. In light of the estimated cost of defending against these claims should a lawsuit ensue, the resolution reached in the attached Settlement Agreement and Release is both reasonable and in the public interest. GROWTH MANAGEMENT IMPACT: None. FISCAL IMPACT: Funds required to satisfy the financial terms of this agreement in the amount of $12,161.72 are available fi.om within the Parks and Recreation Department's operating and personal services appropriation units. Budget amendments will be required to transfer funds to the appropriate cost centers and object codes The difference between last year's payroll expense for the position and the proposed salaD' would amount to an additional $3,785.75 on an annual basis. RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS, approve the attached settlement agreement between Ms. Nan Gerhardt and Collier County and authorize the Chairman to execute the Settlement Agreement and Release. It is further recommended that the Board authorize the necessary budget amendment to appropriate funds to satisfy the Agreement. Prepared by: 'l:hom~s ~ ~,, ~,~5crvi .ces Administrator Meli.~a Va.squcz, ^ssi~tant Coun~ Agen.elaJ APR SETTLEMENT AGREEMENT AND RELEASE KNOW ALL MEN BY THESE PRESENTS: That Nannette Gerhardt ("the Employee"), for and in ~n~ideration of the iter~ H~ed below received from or on behalf of Collier County, Florida ("the Employer"), hereby covenant~ and agrees to the following; and in exchange for the promises ofthe Employer and the Employee contained in this Settlement Agreement and Release (the "Agreement"), the parties mutually agree as follows: WHEREAS, Employee has alleged Employer has violated the Equal Pay Act, 29 U.S.C. § 206(d). V~rlEREAS, Employee desires to fully and completely resolve and settle any and all claims whether known or unknown, which she had, has, or may have relating to the employment with the Employer. WHEREAS, Employer, although disputing any liability,desires to resolved any and all alleged claims relating to the Employment of the Employee. NOW THEREFORE, in consideration of the promises and mutual covenants herein contained, the sufficiency of which is hereby acknowledged, the Employee and Employer hereby agree as follows: 1. Employee and the Employer agree to adopt and incorporate the foregoing recitals, sometimes referred to as "WHEREAS clauses", by reference into this Agreement and Release. 2. The Employer agrees to pay Employee the sum of Twelve Thousand One Hundred Sixty-One Dollars and 72/100 ($12,161.72) in full satisfaction ofall claims Employee has made or could have made relating in any way to or arising directly or indirectly frt[Sfi APR 0 7 Igg8 employment with the Employer. Payment will be made within two (2) weeks from the date of full execution of this Settlement Agreement and Release. 3. The settlement of Twelve Thousand One Hundred Sixty-One and 72/100 ($12,161.72) is gross salary and is based upon: (a) the difference between Employee's 1996 earnings, Thirty Two Thousand Two Hundred Sixty-Two and 79/100 ($32,262.79), and a 10% increase in her 1997 earnings, Forty One Thousand Six Hundred Thirty-Nine and 13/100 ($41,639.13), and (b) the difference between her 1997 earnings Thirty Seven Thousand Eight Hundred Filly Three and 75/100 (37,853.75) and a 10% increase in her 1997 earnings, Forty One Thousand Six Hundred Thirty-Nine and 13/100 ($41,639.13). 4. The payment to Employee of Twelve Thousand Nine Hundred Thirty-Nine and 13/100 ($12,939.13) includes all amounts allegedly due to Employee from thc Employer for any reason whatsoever including, but not limited to, all back pay, front pay, compensatory damages, costs, taxes, expenses, attorney's fees and equitable relief that Employee has claimed or could have claimed in any lawsuit or that relate in any way to, or arise directly or indirectly from, Employee's employment with the Employer. Employee acknowledges that the payment of this money represents Employee's gross salary for two years and as such will be issued as a W-2 payroll check. Upon issuance of that check the required legal deducfiom will have been deducted from that amount and any and all matching payments the Employer is required by law to make will be made. 5. Employee represents and warrants to the Employer that she has not filed any charge, lawsuit, claim or any other action against the Employer or any entity or natural person 2 APR 0 7 1998 that is or has been associated with, controlled by, or under common control with/of the Employer. 6. Except for any claim to enforce the terms and conditions ofthis Agreernent and Release, Employee, on behalf of herself and any and all heirs, executors, administrators, legal representatives and assigns, shall, and hereby does, fully and finally unconditionally, release, ac4uit, remise, satisfy and forever discharge the Employer, its elected officials, officers, employees, former employees, attorneys, agents, representatives, predecessors, successors, insurers, sureties and assigns from any and all manner ofaction or actions, cause or causes of action, suits, debts due, sums of money, accounts, reckonings, covenants, charges, damages, obligation.~, liabilities, contracts, promises, judgments, executions, claims, complaints, legal or equitable and whether known or unknown which Employee has asserted, had, or now has or may have against the Employer, its elected ofticials, officers, employees, former employees, attorneys, agents, representatives, predecessors, successors, insurers, sureties and assigns whether known or unknown arising out of, or in any way connected with, her employment up to and through the time of execution of this Agreement. 7. The Employee represents and warrants to the Employer that she has not filed any charge, lawsuit or claim against thc Employer or taken any other action against the Employer and that she has no pending charge, lawsuit or claim against the Employer. 8. Without limiting the generality of the foregoing, this Agreement also specifically pertains to any claim whether local, state, federal, constitutional, statutory, administrative or common law for personal injuries, breach of contract, express or implied, breach of any covenant of good faith and fair dealing, express or implied, or any cause of action in ion, including any intentional tort or for claims arising under the Equal Pay Act, 29 U.S.C. § 206(d), Title _VII ofthe Agenda l.t~ 0 7. 1998 Pg.. ~ Civil Rights Act of 196,4 as mended, 42 U.S.C. § 2000(e) et. seq. and ~s ~-nended by the Civil Rights Act of 1991 (prohibiting discrimination on account of race, sex, color, national origin or religion); the Age Discrimination in Employment Act, 29 U.S.C. § 621 et. seq. (prohibiting discrimination on account of age); the Americans With Disabilities Act of 1990, 42 U.S.C. § 12101 et. seq. (prohibiting discrimination on account of disabilities); the Family ~nd Medical Leave Act of 1993; and the Florida Civil Rights Act of 1992 (§ 760.01 through 760.11) and § 509.092 Fla. Stat. (discrimination on account of race, color, religion, ss, national origin, age, handicap or marital status), as well as any amendments to the foregoing. Any common law or statutory wrongful discharge or retaliatory discharge theory, or any claim for severance pay, bonus, sick leave, holiday pay, vacation pay, life insurance, health or medical insurance or any other fringe benefit (except as may otherwise be set forth herein). 9. The Employee acknowledges that she may have sustained or may yet sustain damages, costs or expenses that are presently unknown and that relate to claims against the Employer. The Employee expressly waives and relinquishes all fights and benefits she may have under any local, state, federal, constitutional, statutory, administrative or common law principal that would otherwise limit the effect of this Agreement to claims known or suspected prior to the date the Employee signed this Agreement and does so understanding and acknowledging the significance and consequences of such a specific waiver. The Employee is not, however, waiving any fights, claims or incidents which occur after the date of execution of this Agreement. 10. (a) Employee acknowledges and agrees that she has never had nor ssserted any claim for age discrimination against the Employer or any Employer-elected officials, officers, employees, former employees, attorneys, agents, representatives, 4 successors, insurers, sureties or assigns for age discrimination under the Age Discrimination in Employment Act CADEA"). Nevertheless, for purposes of complying with the release provisions of the ADEA, Employee understands and agrees that she may revoke figs Agreement and Release for a period of seven (7) calendar days following the full and complete execution of this Agreement and Release. This Agreement and Release is not effective until this revocation period has expired. Employee understands that any revocation to be effective, must be in writing and must be sent via telefacsimile to the Office of the County Attorney to the attention of Melissa A. Vasquez, Esq., telefacsimile number (941)774-0225 within seven (7) days of execution of this Agreement and Release. Co) Employee further understands that she is entitled to consider this Agreement and Release for twenty-one (21) days prior to her execution of this Agreement and Release and acknowledges that she has been given the opportunity to consider this Agreement and Release for said twenty-one (21) days. Upon advice ofcounsel Employee waives the twenty-one (21) day review period. (c) Employee understands and agrees that she has been advised to consult with an attorney prior to executing this Agreement, and has had an opportunity to discuss it with an attorney prior to executing this Agreement. 11. Employee agrees to indemnify, defend and to hold harmless the Employer from and against (i) any and all liability, claims, (whether pending or threatened and wbetherjudicial, administrative or otherwise), costs, causes of action, demand and expenses arising out of or based on any breach of this Agreement by Employee or on account of any representations or warranties made by Employee herein which are later found to be false; and (ii) any tax liability including, but not limited to, income tax, social security tax, penalties and intere~"t, in the event APR 0 7 1998 that it has been determined that the payment made by the Employer constitutes taxable income to Employee. 12. As further consideration for this Agreement, Employee and Employer agree that the pay range for the position Employee currently holds, Park Ranger Supervisor, will be adjusted from non-exempt Range 12 ($22,335.00 through $33,.503.00) to exempt Range 112 ($31,426.00 to $47,139.00). Employee will receive a ten percent (10%) increase in her earnings for 1997, ($37,859.?5), resulting in her salary being adjusted to Forty One Thousand Six Hundred Thirty-Nine and 13/100 ($41,639.13) as of Sanuary 1, 1998. This adjustment shall not effect Employee's ability to obtain a pay raise within Range 112, nor will it effect the timing of her review for such a raise. No change in Employee's benefit package will occur. She will, however, be classified as an exempt employee, and as such will no longer be entitled to overtime compensation. In all other respects, Employee acknowledges and agrees that she will be subject to all Employer's personnel and other policies and procedures, and she will have no greater or lesser rights than any other Employee. 13. Both Employee and Employer agree to waive the right to seek payment of attorney's fees or costs inctu-red in regard to the Employees employment situation up to the date of executing this Agreement, and both parties agree to pay their respective attorney's fees and costs incurred in regard to this matter. 14. Employee represents and warrants to Employer that she is authorized to enter into and that she has the authority to perform the terms oft.his Agreement and that she has not sold, assigned, transferred, conveyed or otherwise disposed of all or any portion ofthe claim she has released and discharged in this Agreement. 6 15. This Agreement is the result of a compromise of disputed claims and it is understood that the execution and performance of this Agreement by the Employer does not constitute, nor shall it be construed as, an admission that it has violated any law, statute, rule, regulation or ordinance of either the United States or the State of Florida or breached any duty owed to Employee under federal, state or local law, policy or practice, with respect to Employee's employment, or in any other matter, or that any of Employee's claims have any merit whatsoever. The Employer explicitly denies any such wrongdoing. 16. This Agreement shall be governed by the laws of the State of Florida. 17. This Agreement is freely and voluntarily executed by Employee and the Employer after they have been apprised of all relevant information concerning this Agreement and after they have received advice of their respective counsel. In executing this Agreement, Employee and Employer do not rely on any inducements, promises, representations other than the promises and representations set forth in this Agreement. In this regard, Employee and Employer acknowledge that this Agreement is the product of mutual negotiation and no doubtful or ambiguous provision in this Agreement is to be construed against any party based upon a claim that the party drafted the ambiguous language. 18. This Agreement may be amended only by a written instrument specifically referring to this Agreement and executed with the same formalities as this Agreement. 19. Should any provision of this Agreement be declared or be determined by any Court to be illegal or invalid, the validity ofthe remaining parts, terms, provisions, shall not be affected thereby and such an illegal or invalid pan, term or provision shall be deemed not to be pan of this Agreement. 7 APR 0 7.1998 ! 20. In the event of an alleged breach of this Agreement, Employee and Employer hereby agree that all underlying causes of action or claims of Employee and Employer have been extinguished by this Agreement and that the sole remedy for breach ofthis Agreement shall be for specific performance of its terms and conditions. In this regard, Employee and Employer further agree that the sole venue for any such action for specific performance shall be the Twentieth Judicial Circuit in and for Collier County, Florida in Naples, Florida. 21. Employee and Employer agree that this Agreement supersedes and replaces all prior agreements and understandings and that it constitutes the entire agreement between Employee and thc Employer and that there exist no other agreements, oral or written, between them relating, to any matters covered by this Agreement or any other matter whatsoever. 22. This Agreement may be executed in any number of counterparts, each ofwhich shall be deemed to be an orig,inal, but all of which together shall constitute one and the same instrument. 23. Except as expressly provided for herein, the parties represent and warrant that in executing this Agreement, they do not rely upon and have not relied upon any oral or written representation, promise, warranty or understanding made by any of the parties or their represen- talives with regard to the subject matter, ba.~is or effect of this Agreement. 24. The parties acknowledge and assume the risk that facts, additional and different or contrary to the facts which they believe to exist, may now exist or may be discovered after this Agreement has been entered, and the parties agree that any such additional, different or conirary facts shall in no way limit, waive, affect or alter this Agreement. g IN WITNESS WHE~OF, Employee and Employer have executed this Agreement, which consists of nine (9) pages, on the dates set forth below next to their respective signatm'es and as sworn to and acknowledged by Employee. DATED: ATTEST: Dwight E. Brock, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By:. Barbara B. Berry, Chairman Date: Nanneue Gerhardt Date: THIS SETTLEMENT AGREEMENT AND RELEASE BETWEEN NANNETTE GERHARDT AND COLLIER COUNTY, FLORIDA WAS SWORN TO and subscribed by Nannette Gerhardt before me this day of ,1998. Signature of Notary Public Personally Known or Produced Identification Commissioned Name of Notary Public (Please print, type or stamp) My Commission expires: Type of Identification Produced Approved as to form and legal sufficiency: Melissa A. Vasquez Assistant County Attorney 9 APR 0 7 1998 EXECUTIVE SUMMARY AUTHORIZE THE PURCHASE AND INSTALLATION OF A WATER PLAY AREA FOR VINEYARDS PARK. Objective: To obtain the Board of County Commissioners' approval to utilize the St Johns County bid #98- 01 to purchase and install a water play area for Vineyards Community Park from Contract Connections Inc. Consideration: The Parks and Recreation Department has budgeted funds in the amount of $80,000 in Fiscal Year 98 to complete the project known as a water play area. A water play area consists of various fountains, jets and streams of water on a rubberized zero-dephh surface. Children manipulate these water apparatus mechanisms utilizing hand and foot activators. If a child meps on one of these activator~ a large stream of water will shoot out for the children to play with. This area will be located near the playground area at Vineyards Community Park. Staff requests authorization to purchase this equipment from Contract Connections Inc. utilizing the St. Johns County bid. This bid has been reviewed and approved by the Purchasing Department under ~ztion XIII of the Purchasing Policy, and the St. Johns bid indicates other governmental agencies may purchase offof it. Growth Management: None Fiscal Impact: Funds are budgeted in the Naples and Urban County Parks Fund, Parks Capital Projec~ (368-116360-763100) in the amount of S80,000. The total project co~t is $80,000. Recommendation: Staff recommends that the Board authorize staff to purchase said equipment from Contract Connections Inc. utilizing the St. Johns County bid. Prepared by: Murdo Smith, Recreation Manager Department of Parks and Recreation Approved by: Marla Ramsey, ' Department of Parks and Recreation Reviewed and ^_~.._~?~. '_~ff~ Approved by: . , ~ ,. Steve Camdi], Direct~ Department of Purchasing Reviewed and Approved by: Tho r~'-W~-Olli~f~ X~:histrator Division of Public Services Date: APR 0 7 1998 pg. I EXECUTIVE SUMMARY APPROVAL TO USE STATE CONTRACT WITH NATIONSBANK AND AUTHORIZE CHAIRMAN TO SIGN PURCHASING CARD APPLICATION. OBJECTIVE: To approve the use of the State of Florida State Contract t/973-120-97-1 with NationsBank for a Purchasing Card Program and authorize the Chairman of the Board of County Commissioners to sign the State of Florida NafionsBank Visa Purchasing Card Application. CONSIDERATIONS: On November 4, 1997 the Board of County Commissioners adopted the StafFs implementation plan for improving the County's purchasing process. The plan was drafted consistent with a recommendation submitted previously to the Board by the Citizen's Productivity Committee. Recommendation 9 of the implementation plan suggested the use of credit cards in lieu of using the paper Field Purchase Order (FPO) as a way to speed up the purchasing process for small purchases. The State of Florida has a State Contract in place with NationsBank for a Visa Purchasing Card Program. The Purchasing Department will utilize this State Contract to implement a pilot program for the Purchasing Card Program. The Facilities Management Department, Fleet Management Department and the Information Technology Department will participate in the pilot program as these departments are frequent FPO users and the Finance Department will process payments for these departments during the pilot program. Each purchasing card has a specific transaction spending limit ($500.00), and a monthly limit, between $2,500 and $5,000. Certain merchant categories are blocked for all cards. All cards are blocked for any type of ATM or cash transaction. The pilot program will be in place for ninety (90) days. If the pilot program is successful, the Visa Purchasing Card Program will be extended Countywide. FISCAL IMPACT: There is no direct cost associated with participating in this program. It is estimated that monthly transactions will be $10,000 during the pilot program. GROW'FH MANAGEMENT IMPACT: N/A RECOMMENDATION: That the Board of County Commissioners approve the use of the State of Florida State Contract #973-120-97-1 with NationsBank and authorize the Chairman to sign the Slate of Florida NationsBank Visa Purchasing Card Application. PREPARED BY: REVIEWED BY: REVIEWED BY: Gwen Butler, Senior Buyer Purchasing/General Services Director Leo Ochs jr., - // Support Services ~ministrator DATE: ~ o/~. - ?,/ DATE: DATE: 1 RECOMMENDATION OUTSOURCING EXECUTIVE SUMMARY TO AWARD PROPOSAL 98-2778 FOR TELEPHONE SERVICE ~ To award a contract for partial telephone servic~ outsom'cing for the balance of fiscal 98 and one additional year with the option to renew for an additional two years on an annual basis. CONSIDERATIONS: On January 22, 1998 the Information Technology Depanm~t published a request for proposal for telephone service outsourcing to forty-one vendors. Seven vendors requested the full request for proposal package. The RFP opening was held on February 13, 1998 and two (2) responses were received and opened. A tabulation of vendor responses is anached for your review. Gulfcoast Telephone Co., Inc. has been selected for the following services: · Telephone adds, changes, moves and repair services · Voice Cable Install · Data Cable Install Quoted response times we:c as follows: $35.00/hour $45.00 $65.00 · Individual telephone problem 4hrs · Telephone system down 21ns · Moves, add, change 2-3 days All other telephone services remain unchanged. FISCAL IMPACT: It is estimated that approximately $46,000 will be spent over the next 12 months under this contract. Funds are appropriated in the operating budget of the Information Technology Department in lapsed salary dollars, overtime and contractual serv~ and are part of the proposed budget for fiscal 99. 9ROWTH MANAO,EMENT IMPACT: None R~COMMENDATION: That the Board of County Commissioners award Request for Proposal 98-2778 for telephone service omsourcing to Gulfcoast Telephone Co., Inc. under the terms and conditions outlined above and approve the associated budget ammendment. ,Iof, PR 0 ? 1998 i ..p~., t. - PREPARED BY: REVIEWED BY: REVIEWED BY: REVIEWED BY: E. Michael Berrios, Communications Systems Manager Information Technology Department William R.'Coakley ~ Information Technology Director Steve Camell Purchasing Director Leo E. Ochs, Jr. // Support Services Administrator DATE: DATE: -'-'"~ ~-g//~_ F~e2o~ APR 0 7 ~99~ / ,~. ~.--~ 0 I,/3 © t,- r~ APR 0 7.., 1~98 Pg., o AUTHORIZE THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS TO EXECUTE A NOTICE OF CLAIM OF LIEN FOR SANITARY SEWER SYSTEM IMPACT FEES OBJECTIVE: That the Board of County Commissioners of Collier County, Ex-Officio the Governing Board of the Collier County Water/Sewer District, approve and authorize the chairman to execute a Notice of Claim of Lien for Sanitary Sewer System Impact Fees for Lot 275 Isle of Capri Unit 2, OR 1,128, Pg 1,658. CONSIDERATIONS: 1. Pursuant to Section 3.05, County Ordinance 90-87, as amended, Lot 275 Isle Isle of Capri Unit 2 is subject to a Sewer Impact Fee. 2. A Notice of Sewer Impact Fee Statement was received by the property owner on 12/9/97 allowing 30 days to remit payment or to request financing. 3. Property owner has not remit'tsd payment nor requested financing. FISCAL IMPACT: Sewer Impact Fee revenues of $1,340 plus interest from 12/9/97 until paid will be recognized in account 413-263611-343560. GROVV'I'H MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners of Collier County, Ex- Officio the Governing Board of the Collier County Water/Sewer District approve and authorize the chairman to execute the Claim of Lien for Sanitary Sewer Impact Fees for Lot 275 Isle of Capri Unit 2, OR 1,128. Pg. 1,658. Prepared by: '" Mary Jo Thurston, Revenue Manager Department of Revenue Dep;~rtment of Revenue Leo Ochs, Jr., Administrator Support Services .,D~lsion MJT:sw F: -ll~.~umJEx~ N'tcJ ~ c~m of L~'Mar~ 30. 1~g8 I J APR07 1998I I ,,,./ - I A RECOMMENDATION TO APPROVE A SETTLEMENT IN THE LAWSUIT THOMASHIGGIN$ I/. COLLIER COUNTY, CASE NO. 95-4766-CA-OI-TB.. ~: To seek approval from the Board of Commissioner~ ofa ~ttlement in the Higgins v. Collier County lawsuit. CONSIDERATIONS: This matter srises out of a fall the Plaintiff, Thomas Higgins, exp~enced at the D~velopm~nt S,w,'ices Division building on October 14, 1993. The Plaintiff claims that he ~xited the building, walked across the sidewalk, and stepl~d down into the m of a handicap access r~mp. The Plaintiff alleges that the ramp was designed in a defective manner which caused a lrap or hidden defect not readily visible. The County's position is that the ramp was properly designexi and maintained and that the Plaintiff's fall is the result of his failure to prol~"rly observe and traverse the srea in question. This is a companion cas~ to thc Billups v. Collier County case which occurred in the same ares and in which the County prevailed. This matter has been noticed for trial which would most likely occur in the Fall of 1998. The cas~ is b~ing handled by outside counsel, Mr. David E. Bryant, Esquire. In April, 1994, a settlement demand in the amount of $10,000 was made by the Plaintiffwhich was rejected. Subsequent demands were made with the latest demand being for $4,000. To try this ease it is estimated that it will cost the county approximately $3,000 to $4,000 in legal fees and eom. In light of these costs issues, county staff and Mr. Bryant proposed a counter offer of $2,000 to settle this matter in its enurety, subject to Board approval. This offer has been accepted by the Plaintiff. While both the count)' siaff and Mr. Bryant feel this case is one which strongly favors the county, it is recommended that the Board of Commissioners approve this settlement ~lely for reasons of cost and to remove the remote possibility of a jury verdict in favor of the Plaintiff. The County makes no admission of liability in settling this lawsuit. GROWTH MANAGEMENT IMPACT: None. FISCAL IMPACT: Funds are budgeted and available in Fund S 16.121650445920 ('Property and Casualty Self Insurance Fund) for the payment of covered claims and settlements. RECOMMENDATION: It is recommended that the County approve · settlement in the matter of Higgins v. Collier County, Cue #95-4766-CA-O1-TB in the amount of $2,000 authorizing Mr. Bryant to draft documents necessary to facilitate such settlement. J~ffWalkerl CPC'U, ARM, Risk Management Director Mo E. Ochs, Jr., S~upport S .~ces Admilgih-ator ! APR 0 ? '1998 I t._,,. / - I RECOMMENDATION TO APPROVE BUDGET AMENDMENT TO TRANSFER $45,000 FROM RESERVES FOR CONTINGENCIES TO REIMBURSEMENT PRIOR YEAR REVENUES. OBJECTIVE: That the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, approve budget amendment to transfer $45,000 from Reserves for Contingencies to Reimbursement Prior Year Revenues. CONSIDERATIONS: 1. The Hitching Post RV is entitled to a sewer credit refund in the amount of $44,755.22. 2. Credit refund resulted from a change in Rate Classification to RV affecting prior year revenues. FISCAL IMPACT: A budget amendment to transfer funds of $45,000 from Reserves for Contingencies 408-919010-991000 to 408-210110-649980 Reimbursement Prior Year Revenues is required. GROWTH MANAGEMENT: None RECOMMENDATION: That the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, approve the budget amendment to transfer $45,000 from 408-919010-991000 to 408-210110-649980 and to approve a refund to the Hitching Post RV of $44,755.22. Joh.n"~. Yonkosky,_13~rector Dep'adment of Revenue Date:..~/Z ~//~ ~ Leo Ochs, Jr., Admi~fistrator Support Service?..~,Dlvision Date: .--z./,.~ ~-'~/~'.~;' APR 0 1998 / APPROVAL OF BUDGET .A.M~NDM~ BCC Al~enda of 4/W7/98 , Automated Information System - Fund (505') Budtet Amendment No. 98-18S IT Adrninisu~on ¢Cos~ C~¢r ! 2 ! 152'1 ,S~l~¢s ~ud Wages Opcr~g Exp..scs Total Funds a~e needed to pay for tempo~ employee ~er~ices hx the office. S5.000 S$,000 APR 0 7 1998 Pg. BOARD OF COUNTY COlVlM1SSIONERS lVI1SCELLANEOUS CORRESPONDENCE APKIL 7, I~8 FOR BQ.~RD ACTION: ~;ati~fa.ction of Lien: NEED MOTION authorizing the Chairman to sign Satisfaction of Lien for Services of,he Public Defender for Case Nos.: 85377-CJA, 84229-CJA, 9708670-MMA, 97064g2-MMA, 9700441-MMA, 9606426-MMA, 960227-CFA, 9501090-CFA, 9606949-MMA, 9600236-MMA, 9807536-MMA, 9603258-MMA, 9604916-MMA, 9609934-MMA, 9704010-MMA, 9708261-MMA, 9709354-MMA, 9605169-MMA, 9705562-MMA, 970101 6-MMA, 9702694-MMA, 9703939-MMA, 9700402-MMA, 9704g61-MMA, 9705560-MMA, 9704769-MMA, 9707122-MMA, 9709199-MMA, 9704815-MMA, 9603253-MMA, 9607410.MMA, 9710007-MMA, 9704060-MMA, 970599 I-MMA, 9704518-MMA, 9601232-MMA, 9609750-MMA, 973590-MMA, 973720-MMA, 973299-MMA, 967724-MMA, 9510623-MMA, 967260- MMA, 969487-MMA, 97-822I-MMA, 9742-MMA, 97-4a. 2-MMA, 97-3266-MMA, 96-. 1300-C FA, 96-9091 -MMA, 96-g846-MMA, 96-2718-MMA, 97-9302-MMA, 97-9443- M MA, 97-4553-MMA, 97-9166-MMA, 97-832 I-MMA, 89-513-CFA, 97-828-MMA, 97-9440-MMA, 96-10293-MMA, 97-7410-MMA, 97-8584-MMA, 97-8585-MMA, 98- 305-MMA. 97-5483-MMA, 97-9581 -MMA, 97-7777-MMA, 97-9389-MMA, 96-1009- M MA, 97-2839-MMA, 97-5579-MMA, 97-7108-MMA, 96-10392-MMA, 97-24-MMA, 97-6976-MMA, 97-9505-MMA, 97-6693-MMA, 97-4306-MMA, 97-1819-MMA, 97- 358-CFA. 97-7910-MMA, 97-664-MMA, 97-5834-MMA, 96-4438-MMA, 97-6296- MMA, 97-5177-MMA, 97-5954-MMA, 97-6671-MMA, 98-644-MMA, 97-S876-MMA, 97-8091-MMA. 97-8766-MMA, 97-9349-MMA, 97-6356-MMA, 97-5388-MMA, 97- 2636-MMA. 97-1876-MMA. 2. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: AGENpA J,.TEFI APR - ? 1998 RECOMMEND THAT TH~ BOA~D OF COUNTX C(H~MISSI0~F~P.~ S~RV~ A~ THE ~OCAL COORDINATING UNIT OF C, OVEP~4~NT iN TH~ STAT~ OF PLO~IDA'S DZPARTM~NT OF COMMUNITY AFFAIRS' ANTI-DRU~ ABUSE ACT F0~ (~RANT PRO~RAM. ~ TO seek appointment of the Collier County Commission as the coordinating unit for local application for anti-drug abuse grants. CONS IDERATI ON ~ The Collier County Co~aissio: .,s participated in ~he Department of C~,=¥,unity Affairs' Anti-Druc_ .muse grant program for nine years. The Collier County Program, nc'.' under ninth year £unding, has proven to be a valuable project. The Department of ConxmAnity Affairs, Bureau of Cc~,,,,~u%ity Assistance, has allocated $206,645 for State Fiscal Year 1999 funding in Collier County. The Sheriff' s Office anticipates applying for tenth year funding for this local program. The Department of Community Affairs requests that the Collier County Commission continue to serve as the local coordinator. FISCAL IMI~ACT~ This grant period is for October 1, 1998 to September 30, 1999. f~nds are available annually through the Florida Department of Community Affairs, Bureau of Co~anity Assistance fro~ the Drug Control and System Improvement Program (Edward Byrne Memorial State & Local Law Enforcement Assistance) grant fund appropriations. Allocations to Collier County have increased each year for the past 10 years proportionately based on the enacted United States Department of Justice anti-crime budget. Twenty five (25%) percent local matching funds, ($68,882) drawn proportionate to share of funding received, from Confiscated Trust Fund Reserves (602-919010-991000). GROWTH M~NAGEKENT~ No recurring costs for subsequent years. REC0.MMENDATION~ That the Collier County Commission agree to b e the local coordinating unit of government and authorize the Chairperson to execute the Certification of Participation for tenth year funding. CERTIFICATION OF CONFISCATED TRUBT FUND REOUEST This request is a legitimate expenditure of Confiscated Trust Funds under Section 932.7055 (4) (a) Florida statues to provide matching funds to obtain federal grants. uon'~zt_~r-W Sheriff DATE: March ~0. 1998 GEHDA: M ' APR 7 Di$~mc~ ~ Dtstr~ 3 Pame~ $. District S April 7, 1998 3301 East Tarrdm'r'd Trml · Nal;l~. I~ 34112.4977 (941) 774-BOg7 · Fax (941) 774-3G02 CERTIFICATION OF PARTICIPATION Mr. Clayton H. Wilder Department of Co~unity Affairs Division of Housing and Community Development Bureau of Community Assistance 2740 Centern;iew Drive Tallahassee, Florida 32399-2100 Dear Mr. Wilder: This is to inform you that the Board of County Commissioners accepts the invitation to serve as the coordinating unit of government in the Department of Co,~unity Affairs' Drug Control and System Improvement Program (Edward Byrne). For purposes of coordinating the preparation of our application(s) for grant funds with the Bureau of Community Assistance, we have designated the following person: Name: JQyce Houra~ Title: Grants Coordina~Qr Agency: Collier County Sheriff's Office Address: 3301 Tamiami Trail Ea~ Buildin= J - Finance Division NaDles. Florida 34112 Telephone: 941-793-934~ Sincerely, Barbara B. Berry Chairwoman EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE THE ATTACHED AMENDMENT NUMBER ONE TO THE LEGAL SERVICES AGREEMENT WITH GOODLETTE, COLEMAN & JOHNSON, P..4. BY AND 'ITI~OUGH MICHAEL W. PETTIT AS LEGAL CONSULTANT AND, IF NECESSARY, CO.-COUNSEL OF RECORD FOR THE COUNTY ON MATTERS AS IDENTIFIED IN THE LEGAL SERVICES AGREEMENT. ~ That the Board of County Commissioners (the "Board") approve the attached Amendment Number One to the Legal Services Agreement with Goodlette, Coleman & $ohnson, P.A. as legal consultant to the Office of the County Attorney on legal matters relating to the following: The Glades, Inc. Construction Project. CONSIDERATIONS: Michael W. Pettit, an associate of Goodlette, Coleman & Johnson, P. A., during his employment as an Assistant County Attorney to the Board, was principally involved and responsible to represent the Board's interests including trial and appellate case presentations, negotiations, etc., in certain "non-covered" litigation matters including advice ~md consultation to staffpersonnel regarding the aforementioned Glades, Inc. Construction Project. It has been determined by the County Attorney's Office and the Public Works Administrator that the CounW's interests are best served if Michael W. Pettit of Goodlette, Coleman & Johnson, P. A. is approved as a legal consultant to and, if necessary, co-counsel of record for Collier County on the matter listed above. FISCAL IMPACT: Consultation and representative services will be at the rate of $105.00 per hour for legal services rendered. Actual costs incurred by Goodlette, Coleman & Johnson, P. A., including costs for out-of-county travel, mailing, copies, facsimiles, telephone and document transmittal expenses that are supported by appropriate documentation, shall be reimbursed by the Board. Costs for non-covered matters such as The Glades, Inc. Construction Project will be charged to Fund No. 408-210110. GROWTH MANAGEMENT IMPACT: None. BECOMMENDATION: That the Board of County Commissioners approve the....attached Amendment Number One to the Legal Services Agreement with Goodlette, Coleman & Johnson, AMENDMENT~ER ONE TO LEGAL SERVICES A~REEMENT BETWEEN BOARD OF COUNT"~ COMMISSIONERS AND ~OODLETTE. COLEMAN & JOHNSON. P,A. THIS AMENDMENT NUMBER ONE to the Legal Services Agreement entered into between the Board of County Commissioners (hereinafter referred to as the "Board" and/or "County") and Goodlette, Coleman & Johnson, P.A. (hereinafter referred to as day of March, the "Firm") on February 3, 1998, is made this 1998. WITNESSETH: WHEREAS, Michael W. Pettit, an associate of the Firm, during his employment as an Assistant County Attorney with the Office of the County Attorney to the Board was involved in and responsible for representing the County's interests in various construction projects; WHEREAS, the County Attorney and Public Works Administrator have determined the County's interests will be better served for the Firm by and through Michael W. Pettit to be approved as a legal consultant and as co-counsel of record in conjunction with the Office of the County Attorney and in connection with any legal issues or litigation that have arisen or may arise between the County and The Glades, Inc., a "' contractor that has performed or is performing work for the County in connection with, among other things, the construction of certain effluent ponds; NOV~,~HE~FO]~, the County and the Firm, in consideration of the premises and covenants contained herein, mutually agree as follows: A. in coordination with the County Attorney, the Firm shall prepare all legal documents, correspondence and attend all negotiations, settlement conferences, mediations, court hearings and any trial necessary to bring to closure any issues or disputes between the County and The Glades, Inc. arising out of or relating in any way to the performance of The Glades, Inc. pursuant to its contract with the County. B. The Firm by and through Michael W. Pettit is hereby retained by the Board to represent the Board in conjunction with the Office of the County Attorney in all matters relatlng to any meetings, negotiations, mediations, settlements or court proceedings arising out of or relating in any way to the performance of The Glades, Inc. pursuant to its contract with the County. At the direction of the Public Works Administrator and C. The Board hereby agrees to pay the Firm at the rate of $105.00 per hour as compensation for legal services rendered pursuant to this Amendment Number One. D. Other than as stated in this Amendment Number One, all terms and conditions of the Legal Services Agreement entered into by and between the Board and the Firm on February 3, 1998 shall remain in full force and effect and shall have full application to the performance of the Board and the Firm under the terms of this Agreement. IN %VITN£SS WHEREOF, the Board and the Firm have each, respectively, by an authorized person or agent, here%mder set their hands and seals on the date and year first above written. DATED: ATTEST: DWIGHT E. BROCK, Clm-k BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By:. BARBARA B. BERRY, Chairman Approved by: Jeffi'ey Walk~, ARM Risk Management Director Approved by: Ed Ilschnc-r, Administrator, Public Works APR O 7 t J8 (1) GOODLETTE, COLEMAN & JOHNSON, P.A. (2) By: Pr~u~'r~ Nmm~ (corlxaat~ ~1) Approved as to form and legal sufficiency: /Jwrence S. Pivacek Assistant County Attorney EXECUTIVE SUMMARY RECOMMENDATION THAT ~ BOARD OF COUNTY COMMISSIOI~RS APPROVE A SETTLEMENT AGREEMENT AND MUTUAL RELEASE RESOLVING TIlE CLAIM OF SUNTRUST BANK, SOUTHWEST FLORIDA AGAINST COLLH:R COUNTY AND DOUGLAS N. HIGGINS, INC. ~ For the Board of County Commissioners (the "Board") to approve it Settlement Agrcemcn! and Mutual Release r~solving the claim of SunTrust Bank, Southwest Florida ("SunTrust") against Collier County, a political subdivision of the Slate of Florida ("County") and Douglas N. Higgins, lac. CHiggius"). CONSIDERATIONS: On December 13, 1995 SunTrust filed a Notice of Claim with the Florida Deparancnt of Inzm'ance styled SunTrust Bank, Southwest Florida ~. Collier County and Douglaz N. Higgins, Inc. The claim alleged that SunTrust possessed title to a parcel of prolx~ known as the Naples Auto Care Center located at 3030 Davis Boulevard in Naples, Collier County, Florida and that subsoquent to the acquisition of said property, SunTrust de~ermh~ed that there was significant subsurface contamination by hazardous material of ~oil adjacc-i~t to or near an underground fuel storage tank. Following this discovery, SunTrust conducted an investigation whereby they alleged that the aforementioned subsurface contamination was caused by Collier County and/or its agent, Higgins, on or about September through December of 1991 at a time when said agents were engaged in the ins',allation and construction of the East and South Napl~s Wastewater Collection Facilities and appurtenant sewer lines along the Davis Boulevard right-of-way. SunTrust alleged that Collier County and/or its agent Higgins, or both, were responsible for the subsurface contamination and the cost of thc res~ora:ion and re'pair thereof as assessed and required by the Florida Depamnent of Environmental Protection. Previous settlement offers from SunTrust to Collier County and Higgins have. exceeded $24,200.00. FISCAL IMPACT: If the Settlement Agreement and Mutual Relea~ is approved, Collier County will pay SunTmzn a lump sum payment of $3,000.00 in ~tlemeat of all claims SunTrust has against Collier County in this action. This claim will be paid out ofthe County's Properly & Casaally Fund No. 516-121650. Additionally, Higgins will pay SunTnt~ a lump sum payment of $2,000.00 in settlement of ali claims which SunTrust has against Higgins. Each party agrees to pay their own attome~fs fe~s and costs. I?~j~I:LI~t.IA~AGEMENT IMPAq; None APR 0 7 lgg8 RECOMMENDATIOH; It is tho opinion of the County Attorney and the Risk Managem~ Director that bas~xt ulxm the undisputed ~ of ~ ¢~ ~ as they exist, and the agreement accepted by the Board. Consequently, it is the request of Cotmty staff thai the Board approve the Settlement Agreement and Mutual Rele~e in the claim of $unTru~ Bank .Vouthw~t F/o,qda vs. Collier Coun~ and Douglas lg. ltiggitu, Inc. ~ ~thorize. tho ~~n lo exoeu~ ~11 necessary settlement documents following review ~nd spprowl by the Office of the County Attorney. SUBMITTED By~,,~~d~ Lavaence S. Pivacek Assistant County Attorney REVIEWED BY: · ~ff Walker, Director Ri~k Management Department David C. County Attorney Date: 2 APR 0 7 lg J8 SETTI ~EMENT AGREEMENT AND .MUTUAL RELEASE THIS SETTLEMENT AGREEMENT AND MUTUAL RELEASE (hereinafter "Agreement and Mutual Release") is entered into and made on this day of , 1998 by and between SUNTRUST BANK, SOUTHWEST FLORIDA (hereinaf[er "$unTru~") and COLLIER COUNTY, a political subdivision of the State of Florida (hereinafter "Collier County") and DOUGLAS N. HIGGINS, INC. (hereinafter 'Higgins"). WITNESSETH: WHEREAS, SunTrust has filed a Notice of Claim with the Florida Department of Insurance dated December 13, 1995 against Collier County and Higgins; WHEREAS, Collier County received a copy of the aforementioned Notice of Claim on December 15, 1995; WHEREAS, the sum and substance of the aforementioned claim filed by SunTrust against Collier County alleges that SunTrust possessed title to a parcel ofproperty known as the Naples Auto Care Center located at 3030 Davis Boulevard in Naples, Collier County, Florida (hereinafter referred to as "the property") and that subsequent to its acquisition of said property, SunTrust determined that there was significant subsurface contamination by hazardous material of soil adjacent to or near an underground storage tank. Subsequent to this discovery, SunTrust conducted an investigation whereby they allege that this subsurface contamination was caused by Collier County and/or its agents on or about the autunm of 1991 at a time when agents of Collier County were engaged in the installation of the East and South Naples Wastewater Collection AGENDA ITEM, 1998 Facilities and appurtenant sewer lines along the Davis Boulevard fight-of-way. SunTrust therefore alleges that Collier County and/or its agent Higgins, or both, are respons~le for the aforementioned subsurface contamination and cost ofrestoration and repair thereof. WHEREAS, both Collier County and Higgins completely deny liability for the claims and damages asserted by SunTrust regarding the claim hereinabove n~de, V,q-IEREAS, the parties desire to ~ettle and compromise any and all aspects ofthe dispute arising between SunTrust md Collier County and Higgins relating to the alleged damage to the underground storage tanks which formally existed upon claimant's property, NOW THEREFORE, in consideration of the promises, covenants and conditions contained herein, and other good and valuable consideration, the receipt of which is hereby acknowledged, thc parties hereby agree as follows: 1. That the parties adopt and affirm the recitals set forth above as true and correct as if repeated verbatim. 2. That Collier County agrees to pay the total of Three Thousand ($3,000.00) Dollars representing the total amount due to SunTrust for the alleged damage (done to the underground storage tank which resided upon the property) of SunTrust located in Collier County, Florida, in accordance with and subject to the provisions set forth herein. 3. That Higgins agrees to pay the total of Two Thousand ($2,000.00) Dollars representing the total amount due to SunTrust for the alleged damage done to the underground storage tank which resided upon the property of SunTrust, located in Collier County, Florida in accordance with and subject to the provisions set forth herein. 4. That the combined payment of Five Thousand ($5,000.00) Dollars as described above, shall r~resent all amounts due to SunTrust for damages heretofore 2 alleged~ resolve all legal or equitable claims or challenges to repair md/or replace the aforementioned underground storage tank, or conduct and execute a repair and restoration of the soil allegedly contaminated at the aforementioned location on the property of SunTrust and any and all claims or challenges which could have been made by SunTrust or may have been made in the future relating to this claim. 5. Payment by Collier County to SunTrust shall be accomplished by one lump sum payment of Three Thousand ($3,000.00) Dollars on or before sixty (60) days Iffier the Agreement and tviutual Release has been signed by all parties. 6. Payment from Higgins to SunTrust shall be accomplished by one lump sum payment of Two Thousand ($2,000.00) Dollars on or before sixty (60) days after the Agreement and Mutual Release has been signed by all parties. 7. No payment has been made fi.om Collier County or Higgins to SunTrust in relation to this mat~er as of this date. All parties concerned in this matter, including SunTrust, Collier County and Higgins, agree to bear and accept their own attorney's fees and costs relative to the claim filed in this matter. 9. In consideration of the payment by Collier County as ~tated in paragraphs two, three and four of this Agreement and Mutual Release, SunTrust hereby remises, releases, quits, satisfies and forever discharges Collier County of any and all manner ofaction and actions, cause and causes of actions, suits, debts, dues, sums of money, accounts, reckonings, covenants, contracts, promises, damages, judgments, executions, claims or demands whatsoever, in law or in equity, which SunTrust now has, or which any person, representative, successor, heir or assign of SunTrust, hereafter can, shall or may have against Collier County that refer, arise from or in an]~ way relate to this claim, including but not limited to claims made or which may be made by the Florida Department of Environmental Regulations. I0. In consideration of the payment by Higgins as stated in paragraphs two, three and four of this Agreement and Mutual Release, SunTrust hereby m'nises, releases, quits, satisfies and forever discharges Higgins of any and all manner of action and actions, cause and causes of actions, suits, debts, dues, sums of money, ~counts, reckonings, covenants, contracts, promises, damages, judgments, executions, claims or demands whatsoever, in law or in equity, which SunTrust now ha.s, or which any person, representative, successor, heir or assign of SunTrust, hereafter can, shall or may have against Higgins, that refer, arise from or in any way relate to this claim, including but not limited to claims made or which may be made by the Florida Department of Environmental Regulations. 11. SunTrust agrees to terminate and forever abandon the claim it filed against Collier County and its agents with the Florida Department of Insurance relative to this matter at the time that the instant Agreement and Mutual Release is approved by the Board of County Commissioners of Collier County. 12. That SunTrust, Collier County and Higgins agree that any claims or causes of action against each other, or their employees, representatives or agents, which emanated from the damage allegedly done to claimant's property as of this date are precluded and released by execution of this Agreement and Mutual Release and acceptance of payment of Five Thousand and No/100 Dollars ($5,000.00) by Collier County and Higgins to SunTrust. 13. This Agreement and Mutual Release shall be conslxued according to thc laws of the State of Florida and no terms of th. is document may be changed orally. 4 14. This Agreement and Mutual Release shall be binding upon all the parties, their heirs, admirdstrators, representatives, executor~, beneficiaries, employees, agents, ~l~r~ and assigns and shall inure to the benefit of the parties, their he/r~, administrators, representatives, executor~, beneficiaries, employees, agents, ~ccessor~ md ~signs. 15. The parties have not been influenced in any manner or to any extent to enter into this Agrcement and Mutual Release by any representative or gatements of the other parties, or by person or persons representing any other party. 16. Ail parties hereto understand and agree that there are no oral or other agreements, arrangements, representations or understandings by and between said parties relevant to the matter covered and understood by this Agreement and Mutual Release. 17. This Agreement and Mutual Release is intended to compromise and resolve all differences and claims between the parties relating to any damage to the aforementioned soil surrounding an underground storage tank on or about the aforementioned property of SunTrust and The challenge thereto and in no way constitutes a precedent or an admission of any party of liability for any claims of the respective parties. However, should the Board of County Commissioners of Collier County fail to approve this Agreement and Mutual Release, the parties axe in no way waiving any claim or defense relative to the matter contained herein. The parties also agree that nothing in this Agreement and Mutual Release shall preclude or limit any party bom enforcing this document's terms in the event ora breach by any patty. 18. Should any provision of this Agreement and Mutual Release be declared or be determined by any court of law to be illegal or invalid, the validity of the remaining parts, terms and provisions shall not be effected thereby and such an illegal or invalid part, term or pmviaion shall be deemed not to be a part of this document. APR 0 7 1998 19. This Agreement and Mutual Release sets forth the entire agreement by and between all the parties hereto and fully supemede~ any and all prior agreements or understandings between these parties hereto pertaining to the mabjeet matter hereof. IN WITNESS WHEREOF, the parties, by their duly authorized agents have signed and sealed this agreement on the dale set forth adjacent to their signatm~s. DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: BARBARA B. BERRY, Chairman O) Signarare SUNTRUST BANK, SOUTHWEST FLORIDA Pri~d/Typ~l Narr~ (2) By: Si~n~v~ Prin~d,~Yl~d Name l~,m~rf~ Nm (eoqx~te ~al) Pr~nl~ry~ N~rne DOUGLAS N. HIGGINS, INC. (2) By: Prin~ed/Ty~ed Name Prin~'l'yi~d Tide (corporate seal) Approved as to form and legal sufficiency: Lawrtmce S. Pivacek Assistant County Attorney 7 EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS ACCEFT A SETTLEMENT PROPOSAL IN TtIE LAWSUIT STYLED ROBERTA DASZKOIFSKI F. COLLIER COUNIT~ CASE NO. 97-2612-CA-01-HDH, IN THE CIR~ COURT OF TIlE T~~TH JUDICIAL CIRCIHT IN AND FOR COLLIER COUNTY, FLORIDA AND AUTHORIZE THE CILMRMAN TO EXECUTE TIIE NECESSARY SETTLEMENT DOCUMENTS IYPON REVIEW AND APPROVAL BY THE OFFICE OF THE COUNTY ATTORNEY, O.J~F,.C~i~ For the Board of County Commissioners ( the "Board") to consider and accept plaintiff's settlement offer to resolve the lawsuit styled Roberta Daszkowski v. Collier County. Case No. 97-2612-CA-01-HDH in the Circuit Court for the Twentieth Judicial Circuit in and £or Collier County, Florida. CONSIDERATIONS: On July 31, 1997 Roberta Daszkowski filed a complaint in Circuit Court in the case styled Roberta Daszkowski v. Collier County, Case No. 97-2612-CA-01-HDH. In this lawsuit, Daszkowski claims breach of duty and/or negligence on behalf of Collier County employees at the Emergency Medical Services Department. This alleged fault on behalf of the County. emanates from an "Emergency 911" call made by her to the County on May 21, 1996 and the treatment and care which she received from said employees from which she alleges damages. Previous settlement offers from Daszkowski have been made at $100,000 and $50,000 respectively. Through recent negotiation and mediation, the County has received a ~qtlement proposal in the Daszkowsla' case in the amount of $5,500.00. At this time, the Office of the County Attorney believes the proposal made by Ms. Daszkowski to be reasonable and recommencN its acceptance. Risk Management Director JeffWalker concttm. FISCAL IMPACT: By accepting the settlement propo.tal, the County will pay $5,500.00 to Ms. Daszkowski, thus concluding this litigation in its entirety. Payment would be made from the County's Property & Casualty Fund No. 516-121650. If the settlement propo~ ia r~jected, the County will continue in thc defense of the lawsuit. The County would no doubt incur significant costs in defending the suit through suecc~ at trial. Conversely, if Ms. Daszkowski were to prevail in the lawsuit, the County could be responsible for ha' r~nonable attorney's fees and costs separate and in addition to any damage award she might receive through a jury verdict. GROV~rH MANAGEMENT IMPACT: None. AGE_N.D~.ri~I No, RECOMMENDATION: The Office of the County Attorney and the Risk Management IX-'pmm~nt recommend that the Board accept the settlement proposal in the ca~ of Roberta Da.~zkowski v. Collier County, Case No. 97-2612-CA-01-HDH, and authodze the Cha/nn~n to execute all necessary settlement documents following r~wiew and approval by the Office of the County Attorney. PREPARED B ~~.'~// Lawr~ce S. Pivacck Assistant County Attorney Date: P,.EVIEW'ED BY~., .~e~-frey Walker, Director Risk Management Departmcnt APPROVED BY: ~ ~"~.,~ David C. weige~'' t0- County Attorney Date:~ APR 0 7 '1998 SETTLEMENT AGREEMENT AND MUTUAL RELEASE THIS SETTLEMENT AGREEMENT AND MUTUAL RELEASE (hereinafter referred to as "Agreement and Release") is entered into and made on this by and between ROBERTA DASZKOWSKI, (hereinafter day of ,1998 "Daszkowski") and COLLIER COUNTY, a political subdivision of the State of Florida (hereinafter referred to as "Collier County"). WITNESSETH: WHEREAS, Daszkowski has filed a complaint in the ease styled Roberta Daszkowsla' vs. Collier County', Case No. 97-2612-CA-01-HDH, in Circuit Court in and for the Twentieth Judicial Circuit, State of Florida on July 31, 1997; WHEREAS, Defendant Collier County received a copy of the aforementioned complaint on August 1, 1997; WHEREAS, the substance and basis of the complaint filed by Daszkowski against Collier County alleges a breach of duty and/or negligence on behalf of Collier County through the conduct of County employees at the Emergency Medical Services Department (hereinafter referred to as "EMS personnel") pertaining to the manner in which said EMS personnel provided treatment to Daszkowski on the date of May 21, 1996, thereby allegedly causing damages to Daszkowski; WHEREAS, Defendant Collier County denies liability for any and all of the claims and damages asserted by Daszkowski; A, PR O? 1998 VfHE~AS, the partie~ desire ~o settle and compromise any and all aspects of the dispute arising between Daszkows~ and Collier County relating to the allegations made in her complaint and any other allegations or claims which she has based upon the treatment she received from Collier County EMS personnel on May 21, 1996 and the alleged damages which she thereafter claims as a direct or indirect consequence thereof; NOW THEREFORE, in consideration of the promises, covenants and conditions contained herein, and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties hereby agree as follows: 1. The parties adopt and affirm the recitals set forth above as tree and correct as if repeated verbatim. 2. Collier County agrees to pay the total ofFive Thonsand-Five Hundred($5,$00.00) Dollars to Daszkowski in full and total satisfaction of any and all of Daszkowski's complaints and claims against Collier County. 3. The payment of Five Thousand-Five Hundred ($5,500.00) Dollars, shall represent all amounts due to Daszkowski for the damages heretofore alleged and will resolve all legal and equitable claims and challenges for the damages which she alleges in her complain! or which she may have brought in the future relative to the lawsuit made by Daszkowski entitled Roberta Dasz/cows/c/vs. Collier County, Case No. 97-2612-CA-01-HDH relating to the incident occurring on May 21, 1996 as more fully described above. 4. Payment from Defendant Collier County to Daszkowski shall be accomplished by one lump sum payment of Five Thousand-Five Hundred(S:5,500.00) Dollars, said payment to be 2 made within thirty (30) days of execution of this Agreement and Mutual Release by the Collier County Board of County Commissioners. 5. No payment has been made from Collier County to Daszkowsld in relation to this matter as of this date and Daszkowski admits and affirmatively states that she has received no payments regarding this lawsuit from unnamed third parties or collateral sources. 6. Both Collier County and Daszkowski a~ee to waive the riiht to seek payment of attorney's fees or costs incurred as a consequence of this lawsuit, and both parties agree to pay for their respective attorney's fees and costs which were incurred durinE the defense and prosecution of this litigation. 7. In consideration of the payment by Collier County as stated in paragraph three and paragraph four of this Agreement and Release, Daszkowski agrees to hereby rernise, release, quit, satisfy and forever discharge Collier County of any and all manner of action and actions, cause and causes of actions, suits, debts, dues, sums of money, ~ccounts, reckonings, covenants, contracts, promises, damages, judgments, executions, claims or demands whatsoever, in law or in equity, which Daszkowski may now have, or which any person, representative, successor, heir or assign of Daszkowski, hereinafter can, shall or may in the future have against Collier County, that refer, arise fi.om or in any way relate to the lawsuit styled Roberta Daszkowsla' v~. Colli~ County, Case No. 97-2612-CA-01-HDH, the complaint and defenses asserted in the lawsuit or any of the events that formed the subject matter of the lawsuit. 8. Daszkowski agrees to dismiss with prejudice and forever abandon the lawsuit filed with the Circuit Court relative to this matter at the time that the instant Agreement and Release is approved by the Board of County Commissioners of Collier County and payment of the $5,500.00 is received by the Boardman and Spiller Trust Fund. · 3 APR 9. Both Daszkowski and Collier County agree that any claims which may er have emanated from the alleged injury done to the plaintiff as hereinabove mentioned from now and into the future are precluded by the execution of this Agreement md Release and acceptance of of Five Thousand-Five Hundred ($$,$00.00) Dollars by Collier County to the payment Daszkowski. 10. of Florida. 11. This Agreement and Release shall be construed according to the laws ofthe State This Agreement and Release shall be binding upon all the parties, their heirs, administrators, representatives, executors, beneficiaries, employees, agents, ~ccessors and assigns and shall inure to the benefit of the parties, their heir, administrators, ~tatives, executors, beneficiaries, employees, agents, successors and assigns. 12. The parties have not been influenced in any manner or to any extent to enter into this Agreement and Release by any representative or statements ofthe other parties, or by person or persons representing any other party of this Agreement and Release and furthg~mor¢, this Agreement and Release may only be modified or altered by a written instrument executed with the same formalities as this Agrec-ment and Release. 13. All parties hereto understand and agree that there axe no oral or other agr~e'ments, arrangements, representations or undcrstandhlgs between them relative to the matter covered and understood by this Agreement and Release. 14. Daszkowski agrees to indemnify, defend and to hold harmless Collier County from and against (i) any and all liability, claims (whether pending or threatened or whether judicial, administrative, or otherwise), cos'~s, causes of action, demands and expenses arising out of or based on any breach of this Agreement and Release by Daszko~ or on 4 representations or warranties made by Daszkowski herein which are later found ~o be false; and (ii) any tax liability, including but not limited to income tax, social security tax, penalties arid interest, in the event that it is ever determined that the payment made by Collier County to Daszkowski constitutes taxable income to Daszkowski. In this latter regard, Daszkowski acknowledges and agrees upon advice fi'om her counsel that any tax liabilities, including but not limited to income tax, social security tax, p~alties and interest associated with the payment of her under this Agreement and Release ar~ solely and exclusively her any monies to responsibility. 15. This Agreement and Release is intended to compromise and resolve the lawsuit between the parties relating to any damage allegedly done to Daszkowski on the aforementioned date by Collier County EMS personnel for breach of duty and/or negligence or any other action in law or in equity concerning an alleged challenge to the conduct of said personnel and in no way constitutes a precedent or an admission of any party of any liability for the stated or potential claims or allegations of the respective parties. However, should the Board of County Commissioners of Collier County fail to approve this Agreement and Release, each party stales that they are in no way waiving any claim or defense relative to the matter contained herein. The parties also agree that nothing provided in this Agreement and Release shall preclude or limit either party fi.om enforcing this Agreement and Release in the event ora breach by either party. 16. Should any provision of this Agreement and Release be declared or be determined by any Court of competent jurisdiction to be illegal or invalid, the validity of the remaining part~, t;..s and provisions shall not be affected thereby and such an illegal or invalid part, tcrm or provision shall be deemed not to be a pan ofthis document. APR 0 7 1998 sets forth the entire agr~mnent by and between agremnents or 17. This Agr~.-ment and Release Collic'r County and Das~owski and fully ~es any and all prior understandings between the parties h~reto pertaining to the subject matter hereof. IN v~rITNESS ~g'HEREOF, the parties, by their duly authorized agents, have signed and sealed this Agreement ~ Release on the date set forth adjacent to their signatures. DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By:. BARBARA B. BERRY, Chairman WITNESS Prin~ed/Typed Name By: ROBERTA DASZKOWSKI isisn~t~) D~ic (2) WITNESS (Signatwe) Approved as to form smd legal sufficiency: Lawrence S. Pivacek Assistant Co~mty Attorney 6